HomeMy WebLinkAboutAgenda Packet 09/22/1992 E
I
I
# *IC REVIEW CT'Y #
A G E N D A
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
SEPTEMBER 22, 1992
7:00 P.M.
This agenda is prepared and posted pursuant to the requirements of Governor nt Code Section
54954.2. 8y listing a topic on this agenda, the City Council has express its intent to
discuss and act on each item. In addition to any action identified in t ebrief general
description of each item, the action that may be taken shall include: A refer at to staff with
specific requests for information; continuance; specific direction to stafconcerning the.
policy or mission of the item; discontinuance of consideration; authorizati n to enter into
negotiations and execute agreements pertaining to the item; adoption or approval; and,
disapproval.
Copies of the staff reports or other documentation relating to each item of b siness referred
to on the agenda are on file in the office of the City Clerk (Room 208) and in the Information
Office (Room 103), available for public inspection during City Hall business hours. The City
Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need sped t assistance to
participate in a City meeting or other services offered by this City, please ontact the City
Manager's Office ((805) 461-5010) or the City Clerk's Office ((805) 461-50741. Notification
at least 48 hours prior to the meeting or time when services are needed will assist the City
staff in assuring that reasonable arrangements can be made to provide accessibility to the
meeting or service.
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 eve one wishing to
speak has had an opportunity to do so.
* No one may speak more than twice on any item.
* Council Members may question any speaker; the speaker may
respond but, after the allotted time has expired, may not
initiate further discussion.
* The floor will then be closed to public parti ipation _and =
open for Council discussion. --
Call to Order
Pledge of Allegiance .
Roll Call
City Council Comments:
• Presentation to outgoing Planning Commissioner George
Highland
• Proclamation: "Fire Prevention Week", Oct ber 4-10, 1992
COMMUNITY FORUM:
The City Council values and encourages exchange of ideas and
comments from you, the citizen. The Community Forum period is pro-
vided to receive comments from the public on matters other than
scheduled agenda items. To increase the effectiveness of Community
Forum, the following rules will be enforced:
* A maximum of 30 minutes will be allowed for Community Forum,
unless Council authorizes an extension.
* All remarks shall be addressed to Council, as a whole, and
not to any individual member thereof.
* No person shall be permitted to make slanderous, profane or
personal remarks against any elected official, 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. Council of Governments
2. S.L.O. Regional Transit Authority
3. Solid/Hazardous Waste Task Force
4. City/School Committee
5. Traffic Committee
6. County Water Advisory Board
7. Economic Round Table
8. Colony Roads Committee
9. Liability Claims Review &Finance Committee
10. Homeless Coalition
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:
1. CITY COUNCIL MINUTES - AUGUST 25, 1992
2. TREASURER'S REPORT - AUGUST, 1992
3. FORMAL CONFIRMATION OF COUNCIL APPOINTMENTS TO BUDGET REDUC-
TION PLAN COUNCIL SUBCOMMITTEE
4. PARKING INCENTIVES FOR DOWNTOWN
2
5. RESOLUTION NO. 92-92 —ENDORSING APPLICATION 1OR GRANT FUNDS
FOR CONSTRUCTION OF BIKEWAYS AND BIKEWAY FACILITIES
6. RESOLUTION NO. 93-92 - REQUESTING THE COUNTY TO NEGOTIATE A
NEW AMBULANCE AGREEMENT BETWEEN CITIES & COUNTY AND DESIGNAT-
ING THE CITY MANAGERS/FIRE CHIEFS COMMITTEE OR AMBULANCE AS
THE BARGAINING GROUP FOR THE CITIES
C. PUBLIC HEARINGS:
1. PROPOSED PLANNED DEVELOPMENT REZONING TO PERMET A SMALL LOT
SUBDIVISION OF FOUR PARCELS RANGING FROM 8,188 SQ. FT. TO
10,122 SQ. FT. AT 4650 TRAFFIC WAY (Frank Haas, Landmark
Partnership/Blake Surveys)
A. Ordinance No. 261 - Amending Map 6 of the Official Zoning
Maps by rezoning certain real property at 4650 Traffic
Way from RMF/10 to RMF/10 (PD7) (ZC 92005 : Haas)
(Recommend (1) motion to waive reading iri full and read
by title only, and (2) motion to introduce on first read-
ing by title only)
B. Approval of Tentative Parcel Map 92007
M
2. ORDINANCE NO. 257 - AMENDING TITLE 3, CHAPTER 3 OF THE ATASCA-
DERO MUNICIPAL CODE AS IT RELATES TO THE CI�Y-S TRANSIENT
OCCUPANCY TAX (Increase from 6% to 9%)
(Recommend (1) motion to waive reading in fu 1 and read by
title only, and (2) motion to introduce on first reading by
title only)
3. COST RECOVERY RESOLUTIONS
A. Resolution No. 84-92 - Adopting new Fire Department fees
B. Resolution No. 85-92 - Modifying and ad ting fees for
miscellaneous and special police service_
C. Resolution No. 86-92 - Modifying fees for permits and
other activities undertaken pursuant to building and
construction regulations
D. Resolution No. 87-92 - Setting fare rates Eor the Dial-A-
Ride Transportation System
4. D.U.I. COSTS RECOVERY
A. Ordinance No. 259 - Adding Chapter 13 to Title 3 of the
Atascadero Municipal Code approving the imlementation of
d
a State-authorizeprogram to recover cos s of responses
to emergencies caused by drunk or reckless drivers and
providing guidelines and procedures therefore, pursuant
to California Government Code 53150, et seq.
€ 3
(Recommend (1) motion to waive reading in full and read
by title only, and (2) motion to introduce on first read-
ing by title only)
B. Resolution No. 90-92 Establishing fees for costs asso-
ciated with emergency response to incidents involving
intoxicated drivers and reckless drivers
5. FALSE ALARMS COSTS RECOVERY
A. Ordinance No. 260 Adding Article 10 to Title 3, Chapter
5 of the Municipal Code regarding Alarms
(Recommend (1) motion to waive reading in full and read
by title only, and (2) motion to introduce on first read-
ing by title only)
B. Resolution No. 91-92 - Adopting fees for emergency ser-
vices in response to alarms
6. BUSINESS LICENSES
A. Ordinance No. 258 - Amending Title 3, Chapter 5 of the
Atascadero Municipal Code as it relates to Business
Licenses
(Recommend (1) motion to waive reading in full and read
by title only, and (2) motion to introduce on first read-
ing by title only)
B. Resolution No. 89-92 - Establishing and revising Business
License fees
D. REGULAR BUSINESS:
1. PRECISE PLAN 92-008
A. Findings for Denial, Blockbuster Video, 7025 E1 Camino
Real (Pacific Entertainment/Dennis Bell) (Cont'd from
9/8/92)
B. Request for Reconsideration
2. SHORT-TERM FINANCING OPTIONS; ROLES OF FINANCE DIRECTOR/TREAS
URER - --
3. ORDINANCE NO. 255 —REPEALING SECTION 9-4.130 THROUGH SECTION
9-4.136 AND SECTION 9-7.109 OF TITLE 9 AND ADDING CHAPTER 15
TO TITLE 9O THE ATASCADERO MUNICIPAL CODE REGARDING SIGNS
(Zone Change 92-006)
(Recommend (1) motion to adopt on second reading by title
only)
4
4. ADMINISTRATIVE USE PERMITS
4
A. Ordinance No. 256 - Amending the Zoning Ordinance text to
add a procedure for Administrative Use Permits (Zone
Change 92-007; City of Atascadero)
(Recommend (1) motion to adopt on second reading by title
only)
B. Resolution No. 88-92 - Amending Planning Division fees by
establishing fees for Administrative Use Permits
5. COLONY DAYS INSURANCE
E. INDIVIDUAL DETERMINATION ANDIOR ACTION.-
1.
CTION:1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
* NOTICE: THE COUNCIL WILL ADJOURN TO TUESDAY, SEPTEMBER 29, 1992,
7:00 P.M. FOR A SPECIAL JOINT MEETING WITH THE CITY PLAN-
NING COMMISSION.
r
5
P R O C L A M A T I O N
"FIRE PREVENTION WEER"
October 4 - 10, 1992
WHEREAS, The week of October 4-10, 1992, has been designated,
as Fire Prevention nationwide; and
WHEREAS, Fire Prevention Week is held in commemoration of the
anniversary of the "Great Chicago Fire"; and
WHEREAS, The Atascadero City Fire Department and firefighters
nationwide symbolize Fire Prevention Week as a tine to stress the
importance of fire prevention and education to the public;
NOW, THEREFORE., I, Robert P. Nimmo, Mayor of Atascadero, do
hereby proclaim the week of October 4-10, 1992 to be
"Fire Prevention Week"
and urge all citizens to make a commitment to fire prevention and
home fire safety and to visit the fire station in order to become
familiar with the many aspects of the fire service.
Y
ROBERT P. NIMMO, Mayor
City of Atascadero, CA
September 22, 1992
Agenda Item: B-1
Meeting ate: 9/22/92
ATASCADERO CITY COUNCIL
AUGUST 25, 1992
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson
Luna led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson Kudlac, Luna
and Mayor Nimmo
Absent: None
Also Present: Lee Raboin, City Clerk
Staff Present: Andy Takata, Assistant City N anager; Henry '
Engen, Community Development rector; Art
Montandon, City Attorney; 4ark Joseph,
Administrative Services Direct r; Greg Luke,
Public Works Director and Bud KcHale, Police
Chief
PROCLAMATION:
Mayor Nimmo read the proclamation for "U.S. Constitution Observance
Month", September, 1992. _
COUNCIL COMMENTS:
Mayor Nimmo and :Councilman Luna both expressed appre iation to the
Fire Chief and all members of the -Atascadero Fire apartment for
quick, professional response to a recent, serious fire on Highway
41.
COMMUNITY FORUM: I
There were no comments from the public. _ _
A. COMMITTEE REPORTS (The following represent ad h c or standing
committees. Informative status reports were given, as
follows. ) :
C /
C08 25 92
I
Page1
000000
1. Economic Round Table - Mayor Nimmo reported that the
round table had met on the 5th of August and discussed
the committee's structure and direction. He mentioned
that there was consensus among the group to include a
member of the City's Planning Commission on the round
table and reported that a formal appointment would soon
be requested.
2. Homeless Coalition - Councilwoman Borgeson announced that
the next meeting would be September 28, 1992.
3. Loaves & Fishes Ad-Hoc Committee - Councilwoman Borgeson
reported on findings of this ad hoc committee to look
into a location appropriate for Loaves & Fishes to
conduct its, services. The Council directed staff to
make a study of facilities at City Hall and make :
recommendations regarding revisions or modifications of
present room assignments.
B. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. AWARD OF BID NO. 92-08 - MONTEREY ROAD/GRAVES CREEK BRIDGE
REPLACEMENT
2. AWARD OF BID NO. 92-09 - SAN ANDRES/ATASCADERO CREEK BRIDGE
REPLACEMENT
3. RECEIPT OF FY1991-92 SLOCOG ANNUAL REPORT AND REQUESTFOR
ENDORSEMENT OF PROPOSITION 156, THE PASSENGER RAIL AND CLEAN
AIR BOND ACT - RESOLUTION NO. 80-92
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Consent Calendar Items #B-1, 2 and 3; motion
carried 5:0 by roll call vote.
C. REGULAR BUSINESS:
1. INTRODUCTION OF UPPER SALINAS-LAS TABLAS RESOURCE CONSERVATION
DISTRICT LONG-RANGE WORK PLAN
Gidi Pullen, Director, presented the Five-Year Long Range Plan for
the Upper Salinas-Las Tablas Resource Conservation District -(RCD)-. _
(This Plan is on file in the City Clerk's Office) . Following the
fifteen-minute presentation, Ms. Pullen responded to brief
questions from Council and announced that RCD was already
sponsoring educational workshops with local farmers and ranchers.
She mentioned that plans were being made to offer the same kind of
seminars for urban areas by next Spring.
CC08/25/92
Page 2
000001
2. C.U.P. 92-007, 7025 EL CAMINO REAL - BLOCKBUSTER VIDEO SIGNAGE
• FINDINGS FOR DENIAL (Pacific Entertainment/Fisher) (Cont'd
from 8/11/92)
Councilman Kudlac reported that he, after further study, had
reconsidered his vote to uphold the appeal of signage for
Blockbuster Video by Jerry and Glenda Taft and made the following
motion:
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to
reconsider action taken on August 11, 199 regarding the
Blockbuster Video Signage Conditional Use Permit
application.
Discussion on the motion: Councilwoman Borgeson asked when
the matter would be brought back. Staff reported that the .
item would be agendized for September 8, 1992, ',in conjunction
with the appeal on the proposed use.
Vote on the motion: Motion to reconsider passed 3:2
(Councilmembers Borgeson and Luna opposed) .
3. RESOLUTION NO. 78-92 - AUTHORIZING SHORT-TERM', FINANCING FOR
GOVERNMENTAL OPERATIONS FOR F.Y. 1992-93
Mark Joseph provided the staff report and noted that';he was seeking
guidance from Council regarding a policy of short-team financing in
order to meet cash-flow requirements for governmental -operations.
In addition, he asked that the proposed resolution be held over
because staff had not received formal RFP's (Request for Proposals)
from area banks. Extending the deadline, he added,' would provide
complete proposals to review and more adequate time to evaluate the
concept as a whole.
Councilwoman Borgeson expressed opposition to borrowing funds when
the City has approximately $400,000 in reserves with the Orange
County Investment Pool.
Mayor Nimmo queried what risk the City would take by drawing down
on its' reserves and asserted that he would like to see more
research done on the issue to determine if there are ''any advantages
to short-term financing. In addition, the mayor Mated that he
wanted the City Attorney to study and clarify the responsibilities
of the Treasurer and the Finance Director. Councilwoman Borgeson
agreed.
Councilman Luna asked the Administrative Services Director if there
was any way to regionally pool funds and look for a better deal.
Mark Joseph reported that there may be opportunities to pursue at
a later date, but noted that because it takes time:, to coordinate
CC08/25/92
Page 3
000002
those kinds of efforts, it would not presently be feasible..
Councilman Kudlac asked if there were any penalties assessed when
money was drawn out of the Orange County Pool, to which Mark Joseph
replied there were none.
Andy Takata pointed out that very little monies in the Orange
County Investment Pool are for General Fund purposes. He
emphasized that there was no urgency to the matter and clarified
that no action could be taken without formal approval of the
Council.
By consensus, staff was directed to do a comprehensive study on the
matter of short-term financing. In addition, the City Attorney was
asked to evaluate the proper responsibilities of the Finance
Director and the City Treasurer. Staff was further directed to .
bring both matters back within thirty days.
4. MANDATORY WASTE COLLECTION SERVICE EXEMPTION
A. Ordinance No. 254 - Amending Title 6 of the City Munici-
pal Code (Health and Sanitation)
(Recommend (1) motion to waive reading in full and read
by title only, and (2) motion to approve on first reading
by title only)
Greg Luke provided the staff report and recommendation to introduce
Ordinance No. 254 on first reading. There were no questions or
comments from the Council or the public.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
waive the reading in full and introduce on first reading `
Ordinance No. 254; motion carried unanimously.
B. Resolution No. 77-92 - Establishing procedures for exemp-
tion from mandatory waste collection service
Greg Luke reported that staff was recommending a minor revision to
Resolution No. 77-92. He noted that proposed criteria to qualify
for Exemption #1 should be amended by adding the word, "very" to
"low income" to best reflect definitions outlined by the State
Department of Housing and Community Development and by the San Luis
Obispo Council of Governments. Council agreed to this change.
Mayor Nimmo suggested a six-month trial period and indicated that
he would like to see a "report-back" clause added. Council also
agreed to this change.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
adopt Resolution No. 77-92 as amended, motion carried 5:0
CCO8/25/92
Page 4
000003
by roll call vote.
5. ORDINANCE NO. 253 - AMENDING TITLE 2 CHAPTER OF THE ATAS-
CADERO MUNICIPAL CODE AS IT RELATES TO THE CITY'S PURCHASING
SYSTEM
(Recommend (1) motion to waive reading in full and read by
title only, and (2) motion to approve on sec nd reading by
title only) (Cont'd from 8/11/92)
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
adopt Ordinance No. 253 on second reading; 'motion carried
5:0 by roll call vote.
6. CIRCULATION ELEMENT - CONSIDERATION OF PROPOSED ",TIME SCHEDULE,
INCLUDING JOINT STUDY SESSION WITH PLANNING COMMISSION .
(9/29/92)
Council agreed to meet Tuesday, September 29, 1992 at 7:00 p.m. in
joint study session with the City's Planning Commission to receive
a presentation by DKS Associates of the Draft Circulation Element.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Clerk
The City Clerk asked members of Council to let staffknow who would
be going to the League of California Cities Annual Conference
October 10-13. In addition, she mentioned that staff would come
back at the next meeting with a request for designation of a voting
delegate.
THE CITY COUNCIL ADJOURNED TO A CLOSED SESSION FOR PURPOSES OF
DISCUSSION REGARDING LITIGATION, ENTITLED OKEEF1 v. CITY OF
ATASCADERO AT 8:01 P.M. THE NEXT MEETING OF THE CITY COUNCIL WILL
BE TUESDAY, SEPTEMBER 8, 1992 AT 7:00 P.M.
MINUT RECORDED D PREPARED BY:
LEEHhABOIN, Cit Clerk
CC08/25/92
Page 5
000004
6 -
MEETING AGENDA
DA E9/22/ ITEM#
CITY OF ATASCADERO
TREASURERTS REPORT
FOR THE MONTH ENDING AUGUST 31,199
1 TABLE I. SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS
1992 1991
Beginning Cash Balance 4,883,603.03 7,252,688.11
Plus: Receipts 376,495.92 404,055.33
Less: bishursements (978,013.59) (956,046.63)
- Ending Cash Balance 4,282,085.36 6,700,696.81
Plusa Outstanding Transactions 105,981.35 152,904.60
Adjusted Cash Balance 4,176, 104.O1 6,547,792.21
TABLE II: SCHEDULE OF INVESTMENTS
------------------------------------------------------ __------_----- _-_--__
Interest Interest Interest
Name Amount Rate for Month Yr-to-Date
_----------__----..._......----_....-_--- ------_--__..---------- -_--.......C-....--------...---_..--
Orange County Invest. Pool 3,851,548«28 9.04% 0.00 0.00
L.A.I.F. 2,275.18 4.96% 10,568. 17 10,568.17
Mid State Bank 311.,330.55 2.99% 1, 177.14 1,533.67
Petty Cash 950.00 N/A N/A N/A
------- ---- -------------
TOTAL: 4,176, 104.01 11,745.31 12,.101.84
Key: N/A (Not Applicable)
L.A.I.F Interest Paid Quarterly
Orange County Investment Pool Interest Paid Quarterly
I certify that this report reflects all Governmental Agency pooled
investments and is in conformity with the Investment Policy of
the City of Atascadero as stated in Resolution No 109-91 dated
12/10/91. A copy of this Resolution is available at the Office
of the City Clerk. The Investment Program herein shown provides
sufficient cash flow liquidity to meet next month's estimated
expenditures.
SIGNED: _LJ ,�
Muriel horba, City Treasurer
_ I
i 3
000005
TREASURER'S REPORT FOR THE PERIOD ENDING AUGUST 31,1992
TABLE III. SCHEDULE OF CURRENT MONTH ACTIVITY/PRIOR YEAR VARIANCES
AUGUST CURRENT PRIOR
DESCRIPTION 1992 YR-TO-DATE YR-TO-DATE VARIANCE
sasaaxxaxxa=�xsxaxxasxxaaxaxa�xsxzxaxxasx=axaaaaxxaaasasxsxsaxxxza
7 REVENUE
Property Taxes 26,844 26,844 402 6574.1%
Sales Tax 167,400 292,900 212,983 37.5%
Eyed Tax 0 0 0 N/A
Prop. Transfer Tax 3,364 3,364 (b ERR
Franchise Fees 6,080 12,972 5,706 127.3%
Special Assessments 300 300 0 ERF(
Business Licenses 2,423 11,495 11,844 -2.9% -
Building Permits 11,949 23,627 67,979 -65.2%
Motor Vehicle Tax 0, 0 140,:321 N/A
Other State In-Lieu 0 0 4,299 N/A
Gas Tax Receipts 0 0 44,963 N/A
3 TDA Receipts 0 0 0 N/A
Other Intergov°al 31,035 15,145 34,550 -56.5%
Recreation Fees 27,710 60,'*2 62, 112 -3.3X
Zoo Admissions 11,997 24,571 19,305 27.3%
Planning Fees 8,203 23,907 -23.7%
Wastewater Fees 8,042 11,399 3,934 189.7%
Development- Fees 13,892 31,633 93,263 -66.1%
Dial•-A-Hide Fares 2,103 4,825 3,869 24.7%
Police Services 541 1,056 81/5 18.0%
Weed Abatement 111 ill 0 ERR
Other Fees/Charges 270 472 504 -6.5X.
Fines & Forfeits 4,608 4,823 987 388.7%
Interest Earnings 1, 148 1,470 3,609 -59.3%
Otter Rents/Cty.Crews 4,656 9,634 117 8110,0%
Proceeds from Sales 5,900 5,900 0 ERR .
Miscellaneous 758 1,919 14,844 87. 1%
-----
TOTALS 339,333 562,694 758,414 -25.8X
EXPENDITURES
General Cavi 36,098 35,508 33,021 7.5%
Police 164,657 294,71.4 326,206 -9.7%
Fire 97,639 168, 28 195,804 13.9%
Public Works/Eng. 17,714 28,457 50,787 -44.0%
Wastewater 47,266 72, 122 76,072 -•5.2%
Dial-A-fide 21,837 19,319 16,279 18.7%
Community Development 54,038 103,334 1.34,695 -23,3%
} Recreation 61, 179 101,375 138,770 -26.9%
Parks & Bldg. Maint 50,511 80,276 96,731 -17,0% _
Zoo 20,025 3 ',632 33,794 -3.4%
Streets 54,867 82, 121 60,325 36. 11%
Admin. Services 28,082 229,354 250,767 -8.5%
Non-Departmental 132,009 90,797 66,370 36.8%
J Major Capital 120,943 59,747 154,030 -61.4%
Debt Service/Trust 158,539 158,539 102,241. 5,-;. 1X
---
TOTALS 5,066,282 1,556,822 1,736,691 -18.4%
NET SURPLUS/(DEFICIT) (726,869) (994,127) (986,277) 8.8%
000006
TREASURER'S REPORT FOR THE PERIOD ENDING AUGUST 31s 1992
TABLE IV. BUDGET-TO-ACTUAL REPORT: CURRENT AND PRIOR YEARS
1 CURRENT CURRENT COLL/ PRIOR PRIOR COLL/
DESCRIPTION BUDGET YR-TO-DATE SPENT BUDGET YR-TO-DATE SPENT
1 REVENUES--
Property Taxes 2,456,500 26,844 1. 1% 2,306,500 402 0.0%
Sales Tax 1,850,000 292,900 15.8% 1,720,000 212,983 12.4%
Red Tax 110,000 0 0.0% 105,000 0 0.0%
Prop. Transfer Tax 50,000 3,364 6.7% 35,000 0
Franchise Fees 405,000 12,972 3.2% 380,000 5,706 1:5%
Special Assessments 151,753 300 0.2% 1$1,753 0 0.0%
Business Licenses 110,000 11,495 10.5% 1 .0,000 11,844 10»8%
Building Permits 306,000 23, 627 7.7% 225,000 67;979 30.2%
Motor Vehicle Tax 850,000 0 0.0% 8(00,000 140,321• 17.5%
Other State In-Lieu 61,000 0 0.0% 75,700 4,299 ' 5.7%
Gas Tax Receipts 419,500 0 0.0% 456, 162 44,963 10.89
TDA Receipts 367,300 0 0.0% 417,917 0 0.0%
Other Intergov'al 295,000 15,M5 5.1% 632,400 34,550 5.5%
Recreation Fees 379,470 60,082 15.8% 419,550 62,112 14.8%
Zoo Admissions 120,500 24,571 20.4% 7! 2,500 19,305 26.6%
Planning Fees 174,400 18./253 10.5% 18,923 23,907 13.4%
Wastewater Fees 690,200 11,399 1.7% 690,200 3,934 0.6%
Development Fees 257,000 31,633 12.3% 717,000 93,283 13.0%
Dial-A-Ride Fares 35,000 4,825 13.8% 36,000 3,869 10.7%
Police Services 6,500 1.,056 16.2% 6, 100 895 14.7%.
. Weed Abatement 40,000 111 0.3% 40,000 0 0.0%
Other Fees/Charges 4,000 472 11.8% 57,6510 504 0.9%
j Fines & Forfeits 60,900 4,823 7.9% 02,050 987 1.2%
Interest Earnings 442,400 1,470 0.3% 392,920 3,609 0.9%
Rentals 48,600 9,•634 19.8% 2,000 117 5.9%
Proceeds from Sales 101,000 5,900 5_.8% 190,000 - 0 0.0%
Miscellaneous 80,500 1,91g 2.4% 1:49,000 14,844 J-0.0%
TOTALS 9,872,523 562,694 5.7X 10,409,325 750,414 7.2X
EXPENDITURES
General Gov't 292,005 35,508 12.2% 3153,085 33,021 9. 1%
Police 2,215, 190 294,714 13.3% 2, 156,000 326,206 15. 1%
Fire 1,092,750 168,528 15.4% 1,2102,500 195,804 16.3%
Public. Works/Eng. 249,700 28,457 11.4% 361,405 50,787 14.1%
Wastewater 1, 142,455 72, 122 6.3% 868,960 76,072 9.4%
Dial.-A-Ride 315,475 19,319 6. 1% 2156,745 16,279 6.3%
Community Development 70y,460 103,334 14.6'x: 809,917 134,695 16.6%
Recreation 486,785 1.01,375 20.8% 572,630 138,-770 24.2%
Parks & Bldg. Maint. 567,045 00,276 14.2% 625,700 - 96,731 :la.5%
Zoo 220,340 32,632 14.8% 221,275 33,794 71.3%
Streets 642,000 82, 121 12.8% 656,425 60,325 9.2%
Admin. Services 588,725 229,354 39.0% 668,635 250,767 37.5%
Non-Departmental 483,200 90,797 18.8% 775,820 66,370 8.6%
Major Capital. 3,689,300 59,747 1.6% 5,295,300 1.54,830 2.9%
Debt Service/Trust 360,756 158,539 43.9% 402,69 ' 102,241 25.4%
------ --
------------- --------------�------------------------
TOTALS 13,055,186 1,556,822 11.9X 15,177,689 1,736,691 11.4%
NET SURPLUS/(DEFICIT) (3,182,663) (994,127) 31.2% (4,7167,764) (986,277) 20.7X
l
00000'7
0
CITY OF ATASCADERO
3 TREASURER'S REPORT
FOR THE MONTH ENDED AUGUST 31,1992
TABLE V: SCHEDULE OF SIMPLIFIED BALANCE SHEETS, SELECTED FUNDS
GENERAL GAS DEVELOPER TREE
FUND TAX FEES FUND
ASSETS:
_ Cash (662,751) 1,342,688 1,229,51727,517.
Other Assets 223,715 (2,650) 0 1,000
Total Assets --(439,036) -1_340_038- -1_229_517- ----28,5Y7-
LIABILITIES 203,999.!. 0 0 0
FUND EQUITIES:
Fund Balance-Reserved 35,000 9,148 0 0
Fund Balance-Unreserved (678,035) 1 ,330,890 1,229,517 28,517
-----------
Total Fund Equity (643,035) 1,340,038 1,229,517 28,517
TOTAL LIABILITY+EQUITY _-(439_036) -1 ,340,038- -1-229-517- ----28,5179
j
j DIAL-A=RIDE WASTEWATER
ZOO FUND OPERATING OPERATING "
-----------------------------------
ASSETS:
Cash (12,230) (152,395) 3,114,730
Other Assets 0 83,438 8,527,619
----------- ----------- -----------
Total Assets (12,230) (68,957) 11,642,349
LIABILITIES 0 (46,813) 1 ,430,564
FUND EQUITIES: _
} Fund Balance-Reserved 0 105,361 8,187,618
Fund Balance-Unreserved (12,230) (127,505) 2,024, 167
} Total Fund Equity (12,230) (22,144) 10,211,785
TOTAL LIABILITY+EQUITY (12,230) (68,957) 11 ,642,349
000008
TREASURER'S REPORT FOR THE PERIOD ENDING AUGUST 31',1992
Notes to the Treasurer's Report:
7 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
j 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. Tables III and IV: Interfund T Onsfers are not included.
4. Table V. Modified Balance Sheets '
j a. ) The funds selected cover the bulk of the City's
operating 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
i particular fund available for any purpose for which the fund
was established. It is a more useful figure 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 Joseph, Finance Director
� I _
J
000009
s
REPORT TO CITY COUNCIL meeting Date: 9/22/92
CITY OF ATASCADERO Agenda Item: B- 3
Through: Ray Windsor, City"Manager
From t Lee Raboin, City Clerk
SUBJECT:
Formal Confirmation of Council Appointments to Budget ..
Reduction Plan Council Sub-Committee.
RECOMMENDATION:
By motion, confirm Council's action to appoint a Council sub-
committee consisting of Mayor Nimmo, Councilman Lun , City Manager
Ray Windsor, Assistant City Manager Andy Takata and City Attorney
Art Montandon to prepare recommendations for a Budget Reduction
Plan.
BACKGROUND:
As a result of the closed session last'Tuesday, September 8,
1992, the City Council agreed to form a sub-comLittee to make
recommendations for a Budget Reduction Plan for consideration by a
full Council. The action by Council is noted in the Minutes of
September 8, 1992, but on the advise of the City Attorney, we are
placing the matter on the Consent Calendar for tonight's meeting in
order that the issue be clarified.
00001
REPORT TO CITY COUNCIL Agenda Item: B-4
CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Date: 9,//22/9
From: Mark Joseph, Administrative Services Director
SUBJECT: Parking Incentives for Downtown
RECOMMENDATIONS By motion, direct staff to work with various
downtown property owners to provide public parking behind the
proposed Carlton Project.
BACKGROUND:
Adequate parking in downtown areas often becomes a stumbling
block for downtown revitalization efforts. The City has
acknowledged this in its Downtown Master Plan and cffered a
reduced parking requirement for the Downtown Area.. The Downtown
Business Improvement Assoc. (BIA) was also established in part to
provide assistance with parking. A joint effort between the City
and BIA resulted in a public parking lot on Traffic Way between
Lewis and Palma Avenues.
BACKGROUNDJANALYSISs
Council has consistently supported the Carlto Renovation
project as a critical "jump start" for revitalizat'on effort
downtown. Although the Carlton will provide some nderground
parking, more off-site parking will be needed. The area directly
behind the Carlton could be developed into an attractive public
parking lot to help accommodate the Carlton and otter downtown
businesses (a conceptual design is attached) .
Staff has identified potential grant fundingor
constructing the parking lot (Community Developmen Block Grant
monies -- CDBG) One obstacle is gaining parkingIssential
asements from
several of the property owners whose property bounaries overlap
the planned site. Their voluntary cooperation is for
success.
With this in mind, staff is considering offering the
affected owners a transferable waiver of parking r strictions -for
any future development of their property. The waiver would only --
be offered in exchange for a properly recorded easement. It
should also be noted that such a waiver would not exempt the
owners from any future parking assessment fee for ongoing
maintenance costs.
000011
Preliminary review with the Community Development Director
suggests that the additional parking created would roughly equal
the amount of parking the owners would have needed anyway. In
addition, this is suggested as a one-time inducement to help
stimulate downtown development. The City cannot afford to
routinely waive parking requirements and that is not staff's
intent.
With Council's endorsement, staff will work with the Carlton
Developers and the appropriate property owners to work out the
details. Staff will then return to Council to formally approve
the CDBG application. The submittal deadline is no later than
December 1, 1992.
FISCAL IMPACT
It is hoped that Council's parking incentive will facilitate
acquisition of the land at minimal out-of-pocket expense. Any
surveying or recording costs will be included in the grant
request. In addition, the construction costs would also be part
of the request. The total cost could easily exceed $100,000.
In addition to staff time, the only other City expense would
be contributing towards a grant writer's cost. The expense would
be shared amongst the Carlton Developers, the BIA and the City.
The City's share would be $1,500 or less. The Administrative
Services budget can absorb this cost by further reducing its
operating, travel and insurance budget amounts.
a.prkinglot
#3A
000012
9AV VWIVd
ul
(DT-
�- ! III7
,:�•�:� �, Q
Z rn
n
Ik
t
LLJ
qpl
cr-
LUX
C o
m
CL
'pp Q p
-571
Fo-
g
AHA-a"-� - —j�YM 3N0 W
1 , I ) l +
1' 94
I {{
.
low�'j��,, I .I � � � I � 4 I a�ae■r
'1V�N ONIWVOI
000013 .
REPORT TO CITY COUNCIL Meeting Date: 9-22-92
CITY OF ATASCADERO Agenda Item B-5
Through: Ray Windsor, City Manager
From: Greg Luke, Director of Public Works
RECOMMENDATION:
Staff recommends that Council approve attached Resolution No. ,
92-92 approving the application for grant funds under the Clean Air
and Transportation Improvement Act.
BACKGROUND:
The Clean Air and Transportation Improvemen Act has ' made
available $20 million to fund a program of grants tc local agencies '
for capital outlay for bicycle improvement projects which improve
safety and convenience for bicycle commuters.
DISCUSSION:
The project proposed would allow for the donstruction of
improvements to bicycle facilities on El Camino Real and Portola
Road. The actual construction would involve widening portions of
Portola and providing a "park and ride" facility where bicyclist. .
could park their bikes and the bus. There would also be provisions
made for the safe storage of bicycles. _.
FISCAL IMPACT:
This grant is 100% funded through AB 116
RESOLUTION NO. 92-92
RESOLUTION OF THE COUNCIL OF THE
CITY OF ATASCADERO ENDORSING THE APPLICATION
FOR GRANT FUNDS FOR THE CONSTRUCTION OF BIKEWAYS AND
BIKEWAY FACILITIES
WHEREAS, The Clean Air and Transportation Improvement Act
makes available grants to local agencies for bicycle improvement
projects, and
.WHEREAS, the City of Atascadero desires to promote
environmentally responsible transportation, and
WHEREAS, both E1 Camino Real and Traffic Way are main arterial
roads within the City, serving commuters traveling to employment
centers and schools, and
WHEREAS, the citizens of Atascadero will benefit from the
increased safety resulting from the construction of bikeways along
E1 Camino Real and Traffic Way.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Atascadero endorses the application of grant funds in the amount of
$511,920 for the purpose of bicycle improvement projects along E1
Camino Real and Traffic Way.
On motion by Councilperson and seconded
by Councilperson the foregoing resolution is
hereby adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST:
CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
GREG LUKE, Dir. of Public Works
000015
i
REPORT TO CITY COUNCII,
CITY OF ATASCADERO Agenda Hem: B-b
Through: Ray Windsor, City Manager Meeting ate: 9/22/92
From: Michael McCain, Acting Fire Chief '}M
SUBJECT:
Confirmation of the City of Atascadero intent to negotiate a new
agreement in the County for the regulation of ambulance services.
RECOMMENDATION:
Adopt Resolution No. 93-92 requesting the County to negotiate a new
ambulance agreement between the cities and the county and
designating the City Managers/Fire Chiefs Committee on ambulance as
the bargaining group for the cities.
BACKGROUND:
Prior to 1976, an organized approach for the delivery of ambulance
service to the citizens of San Luis Obispo County did not exist. Various
cities and districts had individual contractual ag ements with
ambulance providers and most of the unincorporated areas of the _
county were served on a first-come, first-serve basis. A. the urging of
the Grand Jury, the County of San Luis Obispo devel ped a system
known as the EMRM (Emergency Medical Response Manual)' that
provided various zones in the county and allowed f6i the Board of
Supervisors to establish rates.
In 1976, the seven cities in the County contractually agreed to allow
the County to regulate ambulance services via the EMRM. The
provisions of this agreement called for automatic renewal every five
years unless a a city gave one (1) year notice prior to renewal time.
In May of 1990, the seven cities all notified the Board of Supervisors
that they were no longer happy with the current EMRS4 system and
wished it to be reworked when the contract came due-a May of 1991.
The cities took this step at the urging of the Fire Chiefs 'Association
based on a number of problems and concerns that had developed since
0000119
Report to City Council
Page 2 Agenda item:
the inception of the EMRM. Major points include:
* No local control * Levels of service not well
* Standards of care not defined
established * No input/process for
* Duplication of service change
On April 24, 1991, Atascadero adopted Resolution No. 47-90, giving
notice of our intention to cancel the emergency medical services
contract with the County of San Luis Obispo. During this same time.
frame other communities in the county notified the Board of
Supervisors of their intention to withdraw from their contract also.
By May, 1991, all City contracts with the County were terminated.
With this contract termination of the seven County cities and the
realization on the part of the County that the entire EMRM was
outdated, the County Health Director commenced a study to analyze
the local situation. Concurrently, the City Managers established a
committee to review ambulance service and emergency medical
service as it pertains to cities. This Sub-Committee, consisting of two
City Managers and two Fire Chiefs developed a proposal that addressed
local ambulance and fire service concerns and presented it to the
County Health Director and County Administration in January of 1991.
The City Managers Sub-Committee has had numerous meetings•with
both County administrative staff and the County HealthDirector. The
group was making significant headway through the spring of 1992.
However, negotiations have completely stalemated with no recent-
movement. As late as mid-June, both County administrative staff and
the Sub-Committee were optimistic that County Counsel would bring a
draft ordinance forward. However, as of this date, no such draft has
been developed.
With the current negotiations at a stalemate and with_ the
supplemental documentation from the Grand Jury, now it is time for
the seven Cities in the county to reaffirm their commitment to the
formation of a Joint Powers Agency. This action will allow maximum
input, local control, better coordination and system operation and
program administration of a more effective ambulance system.
In July of 1992, the Grand Jury released a report that was very critical
of the current system.
0
00001'7
Report to City Council
• Page 3 Agenda item:
A short summary:
* The County-wide 9-1-1 system of ambulance dispatch is inadequate
and needs reworking.
* The County has been lax in its oversight responsibilities and the
EMRM (ambulance contracts) is out of date and needs immediate
review.
* Emergency/non-emergency ambulance serviceneed to be
separated and/or held to different criteria.
* Ambulance response times in urban areas are unacceptable.
* Ambulance rates are the third highest in the state without any
compelling reason.
It recommends:
* The County should consider a competitive bidding process for
. ambulance services.
* Cities, which perform paramedic service, should be compensated
for those services.
* The County should establish a fair rate of return :for. ambulance
service providers.
* The County should rework the current EMRM.
Alternatives:
1) Abandon current Sub-Committee negotiations and allow each
agency to operate independently in negotiations with the County
Health Director and administrative staff.
Pro - This alternative provide an opportunity to improve service
levels and design specified emergency medical services
based on local needs and desires. Each city would
maintain the ability to contract with the County for
delivering all Ambulance/EMS services. The local agency
may provide more ambulance units if an increased level of
service is desired and if it is willing to assume the
. additional cost.
000018
Report to City Council
Page 4 Agenda item:
Con - Operating independently, a cost-effective, efficient system
will not be developed. The coordination of mutual aid,
large scale emergency/disaster situations all require a
county-wide effort. There is no assurance the County will
cooperate with individual cities.
2) Continue with the current negotiations in hopes of reaching ev
eventual accord with the County.
Pro - The method is easily continued. No expense has or is to.
be incurred.
Con - The County currently is under no pressure to move at
anything other than its own pace which to this point' is
unacceptably slow.
3) Adopt the proposed resolution which urges the County to
negotiate in good faith with the cities.
Pro - This alternative would force the County to deal with a
more formal/united group of cities. It maximizes local
control and allows the cities it jointly coordinate medical
response, system operations and program administration.
JPA's have proven effective in .dealing with medical
insurance and similar benefits and could potentially do the
same for EMS.
Con - The JPA could require some staff time to develop and
implement. The cities establishment of a JPA may require
some financial commitment.
RECONIMENDATION:
Other than staff time, no outlay will be required in the onset. Long,
term fiscal requirements, depending upon the system design, may be
more significant. However, provisions in the contract would provide
for a funding source.
Attachments:
1) February 23, 1989 - Fire Chief's letter to City Manager
2) April 24, 1990 - Resolution No. 47-90
3) September 12, 1992 - Telegram Tribune news article
i
000019
RESOLUTION NO. 93-92
•
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, REQUESTING THE COUNTY TO
NEGOTIATE A NEW AMBULANCE AGREEMENT BETWEEN THE CITIES
AND THE COUNTY AND DESIGNATING THE CITY MANAGERS
FIRE CHIEFS COMMITTEE ON AMBULANCE AS THE BARGAINING
GROUP FOR THE CITIES
WHEREAS, the cities and the county entered into a contract for
the regulation of ambulance services countywide in1976; and
WHEREAS, the cities in February, 1989, expressed a strong ;
interest to the county in seeing those contracts modified to
provide for local input, improved levels of service and performance
standards; and
WHEREAS, the cities and county staff entered into discussion
on this issue with no resolution to the identified 'problems; and
WHEREAS, the seven cities have all voided the ';1976 ambulance
services contract between the cities and the county:; and
WHEREAS, the cities desire a system-wide approach to providing
emergency medical services; and
WHEREAS, numerous problems have been identified by the cities,
Grand Jury and professional consultants paid for by the county and
ambulance providers; and
WHEREAS, the Health and Safety Code Section 1797.204 defines
an emergency medical system as an organized pattern of readiness of
response services based on public and private agreements; and
WHEREAS, the Health and Safety Code Section 1797.252 states,
"The local EMS Agency (County) shall, consistent with such plan
coordinate and facilitate arrangements necessary to develop the
Emergency Medical Service system. "
WHEREAS, the cities desire to see a Joint Powers Agency, or
some other appropriate mechanism established to involve cities in =
oversight, direction and modification of ambulance services
countywide; and
WHEREAS, the cities desire to participate in: the decision-
making process, as it pertains to the providing of pre-hospital
medical care, to their residents.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City
• of Atascadero hereby requests the County Board of Supervisors to
assign and direct County staff to negotiate in good ';faith with the
000020
Resolution No. 93-92
Page Two
cities in an attempt to resolve the long-standing problems which
exist with the delivery of pre-hospital medical care countywide.
BE IT FURTHER RESOLVED that the City Council of the City of
Atascadero is committed through the joint efforts of the City
Managers/Fire Chiefs, committee on ambulance services, to resolve
problems associated with the provision of ambulance services within
the cities and county.
On motion by Councilperson and seconded ;by .
Councilperson , 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 ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
MIKE McCAIN, Acting Fire Chief
000021
TO. City Managers of San Luis Obispo County
FROM: City Fire Chiefs of San Luis Obispo County
SUBJECT: City/County EMS Contract
DATE: February 23, 1989
BACKGROUND - Beginning in 1975 the Cities of Morro Bay, Pismo Beach, Arroyo Grande,
Grover City, San Luis Obispo, Paso Robles and the County of San Luis Obispo developed
contracts to provide ambulance services within the County of San Luis';Obispo. Each of
the respective Cities signed similar contracts with the exception of Pismo Beach and
Morro Bay. Atascadero signed an EMS contract at the time of their incorporation.
Pismo Beach and Morro Bay contract's included various covenants which restricted the
counties ,ability to increase rates and/or to limit various EMS function$ performed in
their particular city. In all signed EMS contracts reference is made to an undated
County Emergency Medical Response Manual (EMRM). The EMRM is a procedural
document which regulates the performance criteria for pre-hospital emergency medical
services both public and private. The existing contracts allow the County to modify the
EMRM without City input and/or comment. At the time contracts were signed, the
EMRM did not significantly impact City EMS operations performed by their respective
Fire Departments. However, the most recent EMRM revision, not yet adopted would have
significant impact on Fire Department emergency response requirements.
The existing EMS contracts compel a City to continue the EMS/County'. relationship
without change for a 5 year period. The exception is Morro Bay which has a yearly
renewal option. Since the signing of these contracts the County has made numerous
procedural changes which include:
1. Eliminated the Emergency Medical Care Committee and created a non-profit
private corportation known as the Emergency Medical Services Agency (SMSA);
granting the SMSA all authority and responsibility conferred on the county by
the cities' contracts and state law.
2. Revised the EMRM in 1982 and adopted revisions. This revision, without city
input, changed the responsibilities and benefits affecting the cities.
3. Redrafted the EMRM in 1988 without City input (not yet adopted) and
increased the impact discussed in *2 above.
4. Considered ambulance contract revisions which include exclusive operating -
areas for private ambulance companies, further restricting IQcal determination
of delivery levels, cost and quality of service. Current City xubsidies provided
by free Fire Department services would also continue. Exclusive operating,
areas could further increase the city subsidized ambulance rates in county
areas.
Since 1975 Emergency Medical Service levels within the County have undergone
significant changes which include:
1. The transition from a standard first aid training and service level to EMT-I
then to EMT-11 and presently an EMT-Paramedic training and service level. In
addition, the type of medical calls responded to, such as hazardous materials
V25-(24) 2/23/89 1 000022
or radiological incidents, require more technical knowledge and increased .
training levels as well.
r
2. Significant population increases and service demand increases.
3. Implementation of a County wide 9-1-1 system.
Cities under the Health and Safety Code Section 54980 are authorized to provide
Emergency Medical Services which include ambulance services. Existing contracts
between the County and Cities transfers the Cities ambulance authority to the
County without sufficient reviews and approval mechanisms. The County presently
can and has changed ambulance service standards and rate structures without City
input or approval.
However, ambulance service rates are based upon service runs including dry runs,
and all operating and maintenance costs for the total ambulance service area rather
than geographic response zones. Other than mileage, ambulance cost between
operating areas are exactly the same. If a medical incident occurs across the street
or in California Valley, the rate is the same. Added service levels and support
provided by Fire Departments are not reimbursed to the local agency nor is the
patient's cost of service reduced. Cities are, therefore, significantly subsidizing
ambulance rate structures in county areas.
The City Managers of San Luis Obispo County met with County Fire Chiefs to
discuss the existing situation and Cities options to either collectively or individually
correct the ambulance service inequities and loss of local control within their
communities. The Fire Chiefs have researched the existing contracts (Attachment 1)
and Health and Safety Code Sections which apply to Emergency Medical Service.
The Fire Chiefs have identified five alternatives relative to the existing contracts.
ALTERNATIVES
1. Revise the existing County/City ambulance contracts to include references to a
specific EMRM, the SMSA and Ordinance 660. This would permit City input into
proposed EMRM changes..
2. Develop a new County/City contract. This would provide sufficient safeguards to
protect the City's interests and options involving emergency medical service, the
ambulance delivery system and rate structuring.
3. Replace the existing county EMS contract and the EWA lines of authority with a
J.P.A. This would permit the County and Cities to jointly regulate the management
of emergency medical and ambulance services. - --
4. Dissolve the current EMS contracts at their renewal dates. This would allow all
agencies to operate independently in providing EMS and ambulance service.
5. Do nothing; allowing the existing contracts to automatically renew themselves. This
would continue the present situation.
V25-(24) 2/23/89 2
000023
Some of the arguments for and against the atlernatives are:
1. Revise the Existing County/City Ambulance Contracts to Include ar Reference to a
Specific EMRM. the EMSA and Ordinance 660.
Pro - The emergency medical system continues as is with the exception that
cities would have input into any EMRM changes. This alternative would
require less City staff time since the system would be managed by the
EWA with increased City involvement when EMRM changes are
proposed.
Con - Only limited local control and input would be available. Local input
would be sought when changes are suggested. In the referenced EMRM
cities would continue to subsidize ambulance costs in county areas in that
basic rate structures other than mileage costs are not based on actual
area response costs. In pursuing only limited revisions to the EMS
contract cities would be prevented from establishing individual
performance standards and/or rate structures. In addition, the existing
contract does not provide sufficient representation on the EMSA board
nor does it include a process for appointing or recommending
representatives to the SMSA except through the Board of Supervisors.
The current EWA board structure is predominantly composed of special
interest representatives, i.e. physician, nurse, medics, providers, citizens
at large with current or previous medical service affiliation background,
and lacks City and general public interest representation.
2. Develop a New County/City Contract Which Provides Sufficient Safeguards to
Protect the City's Interests and Options Involving Emergency Medil Services and
the Ambulance Delivery System and Rate Structuring.
Pro - This option provides sufficient flexibility in meeting ft:h City's local
needs for medical and ambulance services and at the same time creates an _.
opportunity to coordinate EMS delivery. The alternative restores local
control and allows cities to establish service levels within individual
boundaries. The contract could provide the following: the ability to
review and approve ambulance service rates and reduce'City ambulance
subsidy for response to county areas. The ability to mote frequently
review and reconsider the contract, i.e. one year vs. 5 year period. This
alternative allows a city to operate from a standard contract with local
options to address specific community issues and concerns.
Con - The ambulance rate structure for responses to county areas may increase.
The rates for unincorporated areas should reflect the areas actual cost
of providing service. This alternative may require the formation of
county service districts and/or assessment districts in order to pay for
actual ambulance costs.
3. Replace the Existing County EMS Contract and the EM-SA Lines of Authority with a
J.P.A. Whereby the County and Cities Jointly Regulate the Management of
Emergency Medical and Ambulance Services
Pro - This alternative maximizes local control and allows the cities and the
county to jointly coordinate medical response, system operations and
program administration. The JPA provides the most immediate and direct
V25-(24) 2/23/89 3
000024
involvement in the delivery of emergency medical services. J.P.A:s have
proven effective in dealing with medical insurance and similar benefits
and could potentially do the same for EMS.
Con - The J.P.A. could require significant staff time in order to act on the
specific programs and responsibilities. The insertion or addition of a
J.P.A. into the existing situation could introduce time delays and unneeded
bureaucracy. The level of staff expertise assigned to the J.P.A. might
initially be technically deficient and if not planned properly, could cause
initial disruption in the current delivery system. The cities establishment
of a J.P.A. might require financial subsidies. Impacts on city staff,time
could be 2 - 3 meetings/month or more. To our knowledge, no I.P.A.
exists in the State of California which regulates EMS as proposed by this
alternative.
4. Do Not Develop a Joint EMS Contract: Allow All Agencies to Operate Independently
in Providing EMS and Ambulance Services
Pro - Independent contracts or services would provide the greatest opportunity
for local control with a minimum of direct city cost. This alternative
provides an opportunity to improve service levels and design specific
emergency medical services based on local needs and desires. Each city
would maintain the ability to contract with the county for delivering all
Ambulance/EMS services. The local agency may provide more ambulance
units if an increased level of service is desired and if it is willing to
assume the additional cost.
Con EMS/Ambulance Services operating independently could provide the
highest cost consequences for the county. The independence and
autonomy of the service delivery could produce a disjointed service
especially in a. disaster situation where mutual aid resources are required
and coordination has not been built into the system. Operating as
individual cities.does not provide the coordination opportunities that
Alternative #2 provides.
5. Do nothing allow the existing EMS contracts to automatically renew themselves.
Pro - The county will maintain full control over EMS issues. No additional
staff time will be required.
Con - The cities will continue to transfer local control of EMS issues to_the
county. Ambulance rates in county areas will continue to be subsidized
by consumers and cities in incorporated areas. The five year renewal
periods will be the only change period where individual city can address
local needs.
RECOMMENDED ACTION:
The Fire Chiefs have reviewed all the alternatives and recommend the following:
A. Agree on a common goal to maintain local control with City/County cooperation and
allow local communities to determine the level of emergency medical services within
their own jurisdiction.
V25-(24) 2/23/89 4 000025
B. Notify the county that the cities request contract renegotiations begin immediately.
In addition, during a 60 day interim period no county action should be taken which
would change the existing program including modifications to the EMRM, Ordinance
660, ENSA or creating exclusive ambulance operating areas.
C. Choose Alternative #2 and develop a new county/city contract which provides
sufficient safeguards to protect the City's interest and options involving emergency
medical services, the ambulance delivery system and rate structuring.
•
000021
V25424) 2/23/89 5
RESOLUTION NO. 47-90
A RESOLUTION OF THE CITY OF ATASCADERO
GIVING NOTICE OF ITS INTENTION TO CANCEL THE
EMERGENCY MEDICAL SERVICES CONTRACT WITH
THE COUNTY OF SAN LUIS OBISPO
WHEREAS, the City adopted an agreement on November 10, 1980,
with the County of San Luis Obispo transferring the City' s Emer- 1'11-1
gency Medical Services authority for ambulance service to the,
County for five years; and
WHEREAS, the existing EMS Contract is automatically renewed
for additional five-year periods unless the County is notified of
the intent to cancel one year in advance; and
WHEREAS, the existing EMS contract does not provide the City
input into County ambulance ordinance changes or changes to the
Emergency Medical Response Manual (EMRM) ; nor does the contract
allow the City input on ambulance transport charges; and
WHEREAS, the changes to the EMS contract have a direct
affect on the ambulance service level to the City without its
involvement; and
WHEREAS, the City Managers and City Fire Chiefs of San Luis. .
Obispa County have reviewed all city/County EMS contracts regard-
ing ambulance service levels and found the existing contracts to
be lacking in provisions for local input; and
WHEREAS, it is important to maintain local control and have.
input into how ambulance services are delivered to a city and at
what level and cost; and
WHEREAS, population, service demands and county-wide changes
have had dramatic effect since the contract was originally
signed; and
WHEREAS, it is essential to review- and update emergency
medical services with the involvement of .all effected jurisdic-
tions.
NOW, THEREFORE, BE IT' RESOLVED that the City Council of
Atascadero notifies the County of San Luis Obispo that the City
intends to cancel its- current City/County EMS contract, effective
the earliest possible date, and directs City staff to evaluate
the emergency medical service levels and negotiate a new EMS
r contract as necessary, working with all of the other effected
parties in the County. S
1 -
00002'7
RESOLUTION NO. 47 -90 (cont'd)
On motion by Councilmember Lilley seconded by Coun-
cilmember shiers the foregoing resolution is hereby
adopted on the following roll-call vote:
AYES: Councilmembers Borgeson, Shiers, Lilley and Mayor Dexter
NOES: None
ABSENT• Councilperson ?Mackey
ADOPTED: 4/24/90
ATTEST:
LEE DAYHA, City erk L IN W. ', DEXTER, Mayor
.;
APPROVED'.,AS TO FORM: APPROVED AS TO CONTENT:
AR 0 T N,7 City Attorney RAy wrRDSOR, City -Manager _.
2
000028
1 —�iro,chjefs Pu' sh to reform' am' -bu6nce seryice
McCallhis office group for the at<e ;4i c
as and ire chiefs is they'want moi
egram-Tribune All rate increases,he says,must be ■ The formation of a joW.0wers+ Yin the system and believe a joh
j scrutinized_along with the ambul- agency that would guarantee; the, power agency of some sort is tt
t The fire chiefs for all seven cities in ance company records — by the cities a role in the system. answer.
tAe countyhave launched a drive to County Auditor and approved by the Neumann will.be Wing the resolu But Jeff Hamm;county adminisk:
pit the county rolling on a new
county. of Supervisors. tion to the San Luis;Obispo City,_:five analyst, said the•county wi
system for regulatingambulance . And although response times for Council at its Tuesday night meeting. ' oppose:such an arrangementbecaus
service. someheavily populated unincorporat- The chief was xareful to point out .."fromcountywide Perspective''—a
the chiefs and their city managers ed areas are `below recommended that San Luis Ambulance, .which 225,9e0Citizens-we iton't feel irs i
s*there has been no formal agree- standards,Dargan said the standards 'provides service hto::the city ari`d '10.•,.everyone's Oat interests."
mpnt-sing May 1991 between'the may be too high. percent of the;coctn ,'Ss an.ti&Z'nt Hamm said the county agrees th
sties and the noun which b state As for city input three fire chiefs sit sties should have a role ui,redesigr
county, Y tY provider."
laiv :is responsible for emergency on. the EMS'board of. directors, . :Still,Neumann accuses the,AmbW: and overseemg,the:system H
nigdical.services. Dargan says. and "anybody is-wel- .ance company of charging patientsfor'.. has-promised to rewrite•the count
As a result, they say,,there is no` come to attend and'participate" in paramedic servicg.,provided by the ambulance ordinance,which he hope
system for monitoring or.controlling _developing ambulance policy. San Luis Obispo, ;Morrd;'Bay:and Will get talks going again with the fir
the ambulance providers' response But the fire chiefs aren't buying it. Ataseadero.firedepartments,.-. ."the.- chiefs
times,rates or quality of care. San Luis Obispo Fire Chief Bob three in the county,that have par-;'
They point,to a county'grand juryNeumann, who helped write the amedics on staff
re►ort that found the county has the resolution for the:City Managerr�ihli a "They're collecting funds that you
third-highest ambulance'rates in the Chiefs Committee, says ltheM is as a taxpayer.have already paid for,"
stOte.with no"compelling reason." cutrently no.mechanism for regulat- he said
'The chiefs also complain the county mgacceptable response times. But Frank Kelton,president of San
made "numerous changes" in rules As a result,he said,"The providers Luis Ambulance, said the 6n pany's
for ambulance service without input are out there doing whatever they charges are`part of a basic.fee that
"from the cities, which caused the please." includes all emergency medical treat-
cities to drop their ambulance con- Talks with county administration, ment,including-such things`aiintra-
tracts with the county. Neumann said,have reached a stale- venous medication that maybead-
$ut Steve Dargan,administrator of. mate after four years of effort,so the ministered*thefire departments
tl*county Emergency.Medical Serv- chiefs are going to their city councils "We don't line-item the .etiarge,"
icos Agency,says he's"not sure thereto,put the county's feet to the fine. Kelton said;? fie truth is le
needs to be a contract." The chiefs want; thing is a team,;;effort _
-The quality of care, he said,=is 19-The-county Board of Supervi- ' paramedics there, we're or
"heavily controlled" by stale-laws, sots.to assign county staff to begin them and'are certainly
county ordinances, the state Einer- immediate negotiations. . them"
gency Medical Services Agency and Ik Designation as the bargaining The bottom line for the city
M
000029
REPORT TO CITY COUNCIL
CITY OF ATA8CADERO
Agenda tem: C-1 (A&B)
Through: Ray Windsor, City Manager Mtg. ate: 9/22/92
From: Henry Engen, Community Dev, Dir. $K File o: TPM 92007
ZC 92005
SUBJECT:
Tentative parcel map application to subdivide two original Colony
lots into four parcels ranging in size from 8,,588 to 10,122 square
-
feet (net) , with corresponding zone change request o add a planned
development overlay (PD7) to the underlying RMF-IC zoning at 46.50
Traffic Way (Landmark Partnership/Frank Haas)
RECOMMENDATION:
Staff recommends the following actions as recommended by the Plan-
ning commission:
1) Approval of Zone Change 92005 as follows:
a. Motion to waive reading Ordinance No. 261 in full and
read by title only; and
b. Motion to approve on first reading by title only; and
2) Approval of Tentative Parcel Map 92007' based on the Findings
contained in Attachment' N and subject to thB Conditions of
Approval contained in Attachment O.
BACKGROUND:
On September 11, 1992, the Planning Commission conducted a public
hearing on the above-referenced applications. On a 7:0 vote, the
Planning Commission recommended approval of the tentative parcel
map and zone change requests. There was publid testimony and
discussion as reflected in the attached minutes excerpt.
HE:ps
cc: Landmark Partnership/Frank Haas
Attachments: Staff Report September 1, 1992
Minutes Excerpt September 1, 1992
Ordinance No 261
000030
CITY OF ATASCADERO Item: B . 3
STAFF REPORT
FOR: Planning Commission Meeting Date: September 1, 1992
BY: Gary Kaiser, Associate Planner File No: TPM #92007;
C � Zone Change #92005
SUBJECT:
Consideration of a tentative parcel map application to subdivide
two (2) original Colony Lots into four (4) parcels 'ranging in
size from 8,588 to 10,122 square feet (net) . Said ';tentative
parcel map application was filed in conjunction with a zone
change request to add a planned development overlay (PD7) zone to
the underlying RMF-10 zoning of the site.
RECOMMENDATION:
Staff recommends approval of Tentative Parcel Map #92007 based on
the Findings contained in Attachment N and the Conditions of
Approval contained in Attachment O. Likewise, staff recommends
approval of Zone Change #92005 based on the Findings contained in
the Draft Ordinance (Attachment P) .
SITUATION AND FACTS:
1. Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Landmark Partnership
2. Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Fran]t Haas
3. Project Address. . . . . . . . . . . . . . . . . . . . . . . .4650 Traffic Way
4. Legal Description. . . . . . . . . . . .Lots 13 & 14, Blk. W, A.C.
5. Site Area. . . . . . . . . . . . . . . . . . . . . . . . . .36,920 sq. ft. (net)
6. Zoning. . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . ; . . . . . . . .RMF-10
7. General Plan. . . . . . . . . . . . . . . .Low Density Multiple Family
8. Existing Use. . . . . . . . . .Three (3) SFR's = -
9. Environmental Status. . . . . . . .Negative Declaration posted
July 14, 1992
ANALYSIS•
The project site is located on the west side of Traffic Way,
between Delores and San Jacinto Avenues (Attachment A) . The
1
000032
subject property consists of two (2) contiguous Colony Lots
containing three (3) existing single family residences and an
accessory storage building. The applicant requests approval of
tentative parcel map and zone change applications to allow a
planned development (PD) , or small lot subdivision, consisting of
four (4) parcels for single family residential use.
As the tentative maps shows, the proposed lots would range in
size from 8,588 to 10, 122 square feet in net area (Attachment B) .
A Master Plan of Development and Landscape/Fencing Plan for the
site is also included in this application (Attachments C & D,
respectively) .
Density
The project site is within a designated Low Density Multiple
Family area, as shown by the current General Plan, and is zoned
accordingly (RMF-10) . Pursuant to density standards established
in the RMF-10 zone, the proposed four (4) two-bedroom units are
allowed (net acreage of site times two bedroom units allowed per
acre equals two bedroom units allowed on site; 0.848 * 5.25
4.45) . In fact, if the net area of the site were only 0.012
acres larger, five (5) two bedroom units would be allowed.
The combined effect of the low density zoning and the 12.5%
average slope will make this project the least dense PD7 proposal
yet. Only one other PD7 proposal has been approved in the RMF-10
zone (TTM #30-90; Palma Avenue) . That project, which was
approved prior to the current PD7 standards, had a average lot
size of 5,707 square feet; the average lot size of the currently-
proposed project is 9,355 square feet. As an interesting side
note, the current proposal would not realize a substantially
higher density than the existing single family residential lots
in the general neighborhood (especially considering that each of
the proposed lots would be limited to two bedroom units) .
Development Standards
All development standards pertinent to the underlying RMF zoning
would be met by this proposal. Building coverage limitations,
enclosed storage, outdoor recreation area, fencing, and covered
parking are satisfied by the project as proposed.
All additional development standards required under the proposed
planned development overlay (PD7) zone would also be satisfied by `
the proposed project, including: increased building setbacks;
"per lot" building coverage; percent landscaping; two-car
garages; guest parking; private open space; and solid waste
storage. Conditions of approval are adequate to ensure that on-
site utility connections are placed underground and that water-
conserving fixtures are installed within each of the buildings.
2 •
000033
Site Design
The two primary considerations in evaluating the design of this
project are the presence of two (2) very large Oak trees, and the
steeper area in the extreme west portion of the site. A
certified arborist was retained by the applicant to provide
recommendations on protecting the two native Oaks (Attachment E) .
Upon receiving the arborist's report, the applicant!; redesigned
the project to incorporate a partial raised floor for the
building on proposed Parcel 1 and a conventional floor (as
opposed to slab-on-grade) for the building on proposed Parcel 3,
as recommended. Also, retaining walls were added do development
plans for proposed Parcels 3 and 4 to avoid elevation changes
near one of these Oaks, and the building on proposed Parcel 4 was :
rotated slightly to maximize the distance between the driveway-
and the nearby Oak.
The sloping portion of the site has been appropriately dealt with
by avoidance and through a combined use of grading ;and retaining
walls. This is consistent with language in the City' s Appearance
Review Guidelines relative to grading, and aids in improving
overall site drainage.
A planter area surrounded by porous pavers is proposed in the
center of the private access drive near its junction with Traffic
Way. This allows two 20-inch Locust trees at this location to be
retained, and provides an attractive entryway to the project.
Besides the aesthetic benefits of this proposal, these mature
trees will serve to filter noise from vehicular traffic along
Traffic Way and would offer much-needed summer shade to the
project. The saving of these two Locust trees is also viewed
favorably by the applicant' s arborist (see Attachment E) .
Architecture
Proposed floor plans and building elevations for each of the two-
bedroom units are included in Attachments F & G. respectively.
Exterior materials and colors are shown and described in
Attachment G, and a color and materials board will be circulated
during the hearing.
Basically, each of the units would be a single-story structure
with an attached two-car garage. This is considered positive in
itself, as single-story buildings would have a far 'less imposing
visual effect on the neighborhood, and within the project, than
two-story units would have. Building exteriors would consist of
horizontal lap siding and composition asphalt shingles.
Residential units on Parcels 1 & 3 would be a tan color with a
lighter beige trim; units on Parcels 2 & 4 would be a light gray
with a grayish-blue trim. The use of a distinct building style,
with different yet compatible exterior colors, effectively breaks
• up what could otherwise appear monotonous.
3
000034
Drainage
In March of 1987, a master drainage plan was prepared for the
City by the consulting engineering firm Tartaglia-Hughes. This
report identified a drainage problem in the general region
encompassing this project. Although the particular property in
question has no inherent drainage problems, it seems flooding
occurs downstream when sufficient rainfall occurs.
In light of this situation, engineered drainage calculations were
required prior to accepting this application as complete
(Attachment H) . These engineered drainage calculations allowed
staff to assess the degree to which this project would exacerbate
this downstream flooding condition. As the figures show, the
project can be portrayed as either increasing or decreasing the
amount of run-off from the site, depending on which method of
calculating run-off quantities is used. When calculated using
the City standard method (Section 5, Engineering Standards,
adopted 3/10/92) , we find the project actually reduces the amount
of run-off from the site compared to existing conditions. In, any
case, the degree to which the project alters off-site runoff is
minute (less than 10%) . Staff is therefore satisfied that the
project would not have an appreciable impact on regional
drainage.
Noise
Noise contour maps contained in the General Plan' s Noise Element
show existing and future levels of noise exposure from stationary
sources throughout the City (Attachments I & J) . According to
the future noise contour maps, roughly the front 40 feet of the
site is expected (upon ultimate buildout) to fall within the 65
Ln (Day/Night Average Sound Level) associated with Traffic Way;
tie 60 Ldn noise contour would affect roughly the front half of
the property. Thus, dwelling units on proposed Parcels 1 & 4
could be exposed to noise levels between 60 Ldn and 65 Ldn under a
future, "worst case" scenario.
Pursuant to the Noise Element, new residential developments
occurring in areas potentially exposed to noise levels between 60
Ldn and 70 Ldn are acceptable, but require mitigation; new
residential developments in areas exposed to noise levels of 60
Ldn or less require no mitigation. Therefore, protective
measures must be incorporated into this project to reduce the
potential noise exposure for dwellings on proposed Parcels 1 & 4. -`
According to the Acoustical Design Manual (Technical Appendix to
Noise Element) , an acoustical analysis performed by an expert is
not required nor necessary to mitigate noise impacts for this
particular project. Rather, protective measures described as
"standard noise mitigation packages" may be imposed to reduce
noise exposure to an acceptable level. Because no portion of the
4
000035
site will experience noise levels exceeding 65 Ldp, and because
new residential development not exceeding 60 Ldn are, considered
acceptable, a Noise Level Reduction (referred to as' NLR in the
Acoustical Design Manual) of at least 5 decibels must be
achieved.
Such a NLR value has already been incorporated into'': the project
as proposed. In fact, the Acoustical Design Manuai states that
normal construction practices per the latest edition of the
Uniform Building Code are sufficient to provide a NLR value of 15
decibels. This, combined with proposed setbacks, building
orientation, the saving of existing mature trees, the absence of
openings in walls nearest Traffic Way, and double-pane windows
throughout all buildings, are more than adequate topreclude ,
significant noise exposure.
Frontage Improvements
Conditions of approval recommended by the Public Works Department
require the applicant to (1) construct drainage improvements .
across the entire property frontage; (2) widen Traffic Way across
the entire property frontage to City Standard 406 (20-foot paved
section with curb and gutter) ; and (3) pay in lieu sidewalk fees
for future sidewalk construction either adjacent to, this project
or in the general neighborhood.
Construction of these improvements would mean the demise of the
existing trees north of the proposed driveway. However,
according to a certified arborist selected by the City, James
Patterson (ISA #663) , a retaining wall south of the, proposed
driveway, in concert with other reclamation efforts;, would allow
the large Oak south of the proposed driveway to remain
(Attachment R) . Therefore, staff has included construction of
such a wall, and completion of other tree protectioln measures
recommended by Mr. Patterson, in the conditions of ':approval.
The applicant, wanting to preserve the existing trees north of
the proposed driveway and minimize impacts on the nearby Oak
tree, proposes different road improvements (Attachment L) . Under
the applicant' s proposal, the east side of Traffic Way would be
fully improved to City Standard 406 across the entire property
frontage (20 ' wide, plus curb, gutter, and sidewalk) ; drainage
improvements on the west side of Traffic Way would be extended _
across the entire property frontage, as desired by the Director =
of Public Works; and Traffic Way adjacent to the project would be
widened to the existing cut slope (approx. 4 feet) .'
The applicant' s proposal is indeed attractive -- if the City
would settle for 4 feet of additional pavement width on the west
side of Traffic Way (as opposed to 10 feet) , the applicant would
agree to fully improve the east side of the street 'and save all
the existing trees otherwise removed or impacted.
5
0000319
Staff ' s recommended road improvements are based on: ( 1) a feeling
that the full additional pavement width on the west side of
Traffic Way is necessary to safely accommodate this project; (2)
the fact that most of the existing stretches of sidewalk between
the subject site and the downtown have been placed on the west
side of Traffic Way; and (3) it is a generally accepted planning
practice to locate sidewalks along residential properties as
opposed to commercial/industrial properties when given a choice.
In this case, however, both road improvement scenarios have
merit. For example, if sidewalks are eventually extended from
this general location to San Benito Road School, the east side of
Traffic Way would probably prove most workable. And, there are
appropriate locations between the subject site and existing
sidewalks to the south for a future crosswalk.
Because of the location of this site (at the extreme north end of
multi-family zoning) , topographical conditions, and the existence
of mature trees near the public right-of-way, the determination
as to the appropriate frontage improvements for this project is
not as simple as usual. The need for a sidewalk across the
frontage of this site is less than if the site were located in
the middle of multi-family zoning and/or closer to the downtown,
a school, etc. . It should be kept in mind that the unclear
nature of appropriate frontage improvements at this location
would exist regardless of the particular project being proposed.
This particular proposal should not be faulted for raising such
questions which would inevitably arise.
Environmental Review
An Initial Study has been conducted for the project, and a
Negative Declaration has been prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA) .
A copy of the Negative Declaration cover sheet has been attached
hereto (Attachment M) .
Basically, the project would result in increased residential
density on the project site in a manner consistent with the
General Plan and Zoning requirements. Certified arborists have
confirmed that native trees on the site can be retained without
adverse impact, engineered drainage calculations demonstrate that
off-site drainage impacts are insignificant, and noise standards
contained in the Noise Element/Ordinance are met. Any concerns
or comments received from other agencies have been addressed - "
either in the design of the project or by way of conditions of
approval included herein. The project would not have a
potentially significant adverse effect on the environment.
6
000037
CONCLUSIONS:
This is undoubted) one the finest D proposals yet; in fact the
y nest P p p y , ,
project seems to exemplify that which is encouraged for small lot
subdivisions in Atascadero. From site design and density to
architectural treatment, landscaping, fencing and the
preservation of existing trees, this project is consistent with
all applicable General Plan policies and meets or exceeds all
minimum requirements/development standards for projects of this
nature.
Staff feels the project would be an asset to the entire community
and would clearly enhance the neighborhood in which it is
located.
ATTACHMENTS:
Attachment A - Location Map
Attachment B - Tentative Parcel Map
Attachment C - Master Plan of Development (with grading) ,
Attachment D - Landscape Plan
Attachment E - Arborist's Recommendations
Attachment F - Floor Plans
Attachment G - Building Elevations
Attachment H - Engineered Drainage Calculations
Attachment I - Existing Noise Contours
Attachment J - Future Noise Contours
Attachment K - Arborist's Review: Road Improvements v. Tree
Attachment L - Proposed Road Improvements
Attachment M - Negative Declaration
Attachment N - Findings for Approval
Attachment O - Conditions of Approval
Attachment P - Draft Ordinance
GK:pc\tpm92007.sr
7
000038
PA 3
CUP
tm:!;7? Kow
so
;
to
� �
�; fou
iris •
� . ATTACHMENT B
T4ntative Parcel Map
CITY OF ATASCADERO TPM #92007
--,�u.9gC t uiTe—r zC #92005
COMMUNITY DEVELOPMENT
DEPARTMENT
I a E '
� ! sw
p � i^Z` -�• iii
� s s r • � ��� �� aisz� �
fill = _ >
• iiii a.'�.a w n
FI►
MI +
• II
It
II
' � :'• moi• ' �� - +a 1 _
Li
I ry
'Fr
1 � '
3 f.
- I
000040
i
ATTACHMENT C
Master Plan of Development
CITY OF ATASCADERO
i) •••• TPM #92007
!«c - .e �•,• ZC #92005
CnMA�fCINITY DEVELOPMENT
,grDEPARTMENT
ita: ri K
!Jill's• i . a cc
!� !f at .f .•t, t gt
All
! ll:Lsii` jeii E N
All
tlt S _ Z ee:srauii i r6i✓E� i��� .
n .
II f as.
ilia-
Asp
T• f . X11 �•_� .• / s �
,r 1.�}� � ! S•w�s
K c-• `. .
t
_� er •s
I
ati•
0
at"F '
/ ; is
• tfi � _
It
t•
s ,
J;
000041
ATtACHMENT D
CITY OF ATASCADERO Landscape/Fencing Plan
TPM #92007
COMMUNITY DEVELOPMENT zc': #92005
DEPARTMENT
P
IS
b
,E•< _aka? :
X'
o 00
i! i �! 3
f [ r. Z
X21
Emur arw 41".
! • a ''��'�jjf e
vj
� h
• O
a •
Er i �` • o�'] x
�
000042
ATTACHMENT E
���✓ . a'L-�'
CITY OF ATASCADERO Arborist ' s Recommendations
TPM #92007
�b zC #92005
COMMUNITY DEVELOPMENT
DEPARTMENT
G O
yJACK BRA2EAL
TREE CONSULTANT
WES I_ERNCHAPTER 4531 SKIPJACK LANE
PASO ROBLES, CA 93446
WCISA #163
i (805) 227-6140
,9RBO k5
July 2, 1992
i
Frank R_ Haas
Landmark Partnership
7020 Santa Rosa Road
Buelton, CA 93427
RE: Certified Arborist Review for
Proposed Four Parcel Subdivision at
4650 Traffic Way
Atascadero, California
This letter is to confirm our review of the proposed subdivision
at 4650 Traffic Way, Atascadero, California. This will be a
moderately sensitive site to develop but adequate protection can
be provided for the existing oak trees. I don't see a problem
with the project design except parcels #1 and 3 residence should
have a partially raised floor versus a poured concrete slab. j
This will allow more protected root zone area. The two Locust 1
trees adjacent to the 76" diameter Valley Oak are to be retained.
This will help to protect the oak root zone area. The driveway
to the residence of parcel #3 should be shifted eight feet away j
from the 76" diameter Oak.
Manv other issues will need to be addressed, i:e., cuts, fills;
and specific tree protection measures and requirements. All
these issues will be specifically addressed in a formal Arborist
Report at a later date.
Jack Brazeal "E�'EIVN-D
Certified Arborist
JUL - 71992
JB:pb COMMUNITY DEVELOPMENT
000043
f
\ ATTACHMENT F
Floor Plans
,� .... :.. . CITY OF ATASC.A.DERO TPM #92057
17- n ZC #920
COMMUNITY DEVELOPMENT
DEPARTMENT
a- LO-SZ-bL `LO-BZ-EL *dV ss! 44 a '
:,.:,,�....,,«�....o •inra'oaaaysavty
t —-- S3WOH AVO 3A11
t; a3:i t
JEL
Y '} C t• ka
t
!
6 Q + '° ` • 3
t a
1 �
ice.i b 0 m -ilia, `
�uj
LU
ok
.�--
i
s�
��• + � ° Vic,.....-�.,/1=� `I
i} f3's3ii' q
I
,L off Q C-' ti # )o ; d�'I z_
o
di
cr
191 :17 z
1 } W
^^—a-- ,.. '1- •=iii T.:
• i�cc
0-
t
j 000044
ATTACHMENT G
Building Elevations
CITY OF ATASCADERO TPM #92007
: ,a ,.,,-. ZC #92005
COMMUNITY DEVELOPMENT
�y..�. DEPARTMENT
j ,:za..�..�..... _ .mva•oyaawnrsr l � t ch
S3W0H AVO 3An. '
did
,• O
W,
u, _ O
cc
=0080x
ra,
•s " 3
f
® ' f,, ,
( 000045
a
ATTACHMENT H
,i .r CI O Engineered Drainage Calc
.. .4 F ATASCADERO TPM #92007
ZC #92005
COMMUNITY DEVELOPMENT
DEPARTMENT
TH TARTAGLIA-HUGHES
CONSULTING ENGINEERS
7360 El Camino Real, Suite E • P.O. Box 1930
Atascadero, Calibmia 93423
FAX (805)466-S471
Phone(805)466-5660
o= �:ascaaaro
":==n=;on: Mr. Sar; !.a?o@ ?: an^e-
AT
leer :Mr.
w,
�Cns:s= .' :; . C�:szs a^c _^e a__ .=:c^= �_•- - �- �� "~
Of :L'S=3 =ono 3 �3V -a3 o. --_sat
' - .nave _37,3^ Lo acct ..� :na
'= S f'.?_ a 7vawaY a = anc :k 't^_.
- nay acme rock but for z;ne -.Cat par---, :s `eey -
-CiuceC 3 Sria ,., sn--Wing .he _:c?St
�?.! C � � .:e
r- - r`•' ng era Jr--,,e area in
�n si ee` -
=3.oul3=?CnS - naV- Latulatec :nc 'r?sulza 3C a
.-aCe exlS=in; - a_
:nC?�ionS. = ever aor' - _ no :e': .coet
Nn3
i oC iS S=-4 ane li'!_e
:ave,oPeC CC;.0 =• n$. her?TCr? ._C- ; _:ng 1^.
n _ a �ro� oT t^1s s1al . si_3
inO ..v nave any aocreciaC .= e'=ecz n. e
..enc?=1;;r. =n �urr c• =n °�'ar' !
a= enTly exists In =:1e area. - -
groin ns or ccm.i3en s C'1 _-e i.^.1 °r.T,�=i:on -Cn`.ajnC—=
Cease C:;nr-aC: our OTTiCZ.
S I ncere l y yoiJ' S,
r�* �A
i Tar�3�.' i$-t4t;C7!eS
"S" Consulting EnSir. ers
JUL'-) 1 199E
COMMUNITY DEVELOPMENT R°pert � Tar gag i :a
RCT
;,4v t Eng 1 neer
000049
'i KZ
.... ...11. y CITY OF ATASCADERO
`- , COMMUNITY DEVELOPMENT
DEPARTMENT
TARTAGLIA-HUGHES Joe
Consulting Enp,';, rs SHEET NO. Op 3
P.O. Box 11, V
ATASCAOERO. CA 93423 CALCULATEOBY OATEJ�Z_o�9Z_
(805)466-5660
CHECKEO BY •, A Q GATE_
SCALE �i' LL� �:.f 0ed?
ToTAc., Lor 4.eeA = O, 85 .4c.
GJ.c�OE✓E Ge04),017101✓
_..._,./•H�E�v�Ou S.00 w
/r r
_ ..._ SG,AGG '. / = 20 -7 i��_• O.Oo fry. .
_ Zo. 40 io Z x 400
Ins
-1,4Y ._.44,z&I-4 /aceo
__....... �/e.Gy i�2 ,� Qoo 1 = 43sGo o• i0 .CSG _ .. _ _. ._ _ I
_ U•uOcrc:Lo��o �.cr _: D..BS ^ (d,r9 fo•�o� o. sC� ,Ac.
__ .. .:..__..__..__"C• 021"G S,_
__..__ _...___.__�C�.(u.�oE✓:. sl a�,� )_= 0.45
-- ........... _.
o. i>. (a 6O x 0. f (ox 6. :IS) 2.058
i
T~E of ea..#cc•ur,Ld Toa r
L 4a.5 ; 5Z 80 = 0, 0?7 .e-1
IJSc Tc � /U ,�•/.,uurz5
JUL'-).. 1 1992
CmAmImITY NVELOPMENT
0004'7
t
CITY OF ATASCADERO
C0MMLINITY DEVELOPMENT
DEPARTMENT
TARTAGL(A-Hl�' iES Joe 9Z -17-
Consulting
/ 7_Consulting EngRWrs SHEET NO. • OF
P.O. Box 1930
ATASCADERO, CA 93423 CALCULATED BY DATE 7 Ay
(805)(805)466.5660
CHECKED By DATE _
SCALE
�(-zu Gl.J o�✓�cuvc0 E x•sra.rc Co.yoirro.J
(O-TS)('1-,6 0) (p.fSS�.._= /•3v. CFS_
97
flE✓rGO�co CO.>oeT�oas — f�i2opp�c0
SvG r�,✓.s•d:v
/& ./i7 L X G -7oo .,(3,C.----
I
_4 c.
O.GS.. �SOa2Sc. ✓�GcT,4ro.J 10 44-,4 4)
0.4y47-
44 4
1-5Z C!'S
R ER
JUL9 ) A 9 9. CFS 21 1992
S
• —__.__._. rOMMUN)TY DEVELOPMENT ... .
000048
CITY OF ATA.S CAD ERO
COMMUNITY DEVELOPMENT
a�•,.:a. DEPARTMENT
TARTAGL(A-HES JOB—gZ' 7 11 /�AA S
Consulting En rs SNEET NO. ® a Of-
P.O. Box 1930
ATASCAOERO.CA 93423 CALCULATED BY DATE
(805)466.5660 —`
CHECKED BY DATE
SCALE
:
2o.w_G�.tT __51 .�.5o<p _ _Pati 10,rOp._f?Z_.LoT._;ZF_ ce-Ay- . c. o•S
io ? : 0,55) (Z BoV
7 /: CSS:
_ im" "Uv occ ecLD?,�D- ..: QEyFlorra ._.... D.Ev64.-rAr-P
0. 9Z cF5
Q40f ESS10*,
C fgMCIgl�c cy
Le FRE _._
4084 . 3,
Clvf t��P
COMMUNITY OEYELOPMENY
�n► ray����
000049
ATTACHMENT I
Existing Noise Contours
;� .. :.. . CITY OF RTAS CAD ERO
TPI #92007
ZC; #92005
scin�. CO&(MUNITY DEVELOPcLIEtVT
DEPARTMENT
i .--j
Qd0d d
I t�
r�O WAY
Qom-Q
cn ,�
0� O
� Lir• ',. /
O cr_ �
Z
Uj
tiL, m ,
r 3Ab-� si
Ol/V
/Af b
000050
�\ TTv ATTACHMENT J
Cll i OF ATASCADERO Future Noise Contours
TPM #92007
1
ZC #92005
COMMUNITY DEVELOPMENT
DEPARTMENT
1Liii Ll
c
NJ_
J.
V ~
>'_.--
P (p !
OO�
f� �
OHO
Ol
000051
ATTACHMENT K
Ki
I Arborist Review of Road
yl
CITY OF ATASCADERO Improvements
TPM #92007/ZC #92005
.scane�• ,
COMMUNITY DEVELOPMENT
DEPARTMENT
BAY LAVREL NVRSERY
.S-
GARDEN CENTER
Mr, Gary Kaiser RECEIVED August I0, 1992
Community Development Dept.
City of Atascadero AUG 11 1992
6500 Palma Ave.
Atascadero, CA 93422 COWUNITY
Dear Gary,. 'a4pMENT
This letter contains my observations' of and recommendations-
for mitigating construction damage to the valley oak (Quercus
lobata) at the Traffic way site we visited last week. Please
note that the tree is a valley oak and not a live oak as indi-
cated on the Master Plan.
The scenarios we discussed include widening Traffic Way to
20 feet from the centerline; installing curb, gutter and side-
walk= constructing a retaining wall at the curb and/or grading
(tapering) the soil from the curb back to the natural grade.
The tree in question is a mature speciman with a DBH of 53
inches. It has average foliage size and color and an overall
health and vigor rating of fair. it's condition is declining,
Primarily due to moisture stress that is a result of soil re-
moval and compaction within the dripline and an extended exposure
to drought. I am confident that the tree would respond favorably
to proper care.
To restore and preserve- the health and vitality of this
valley oak it is essential to minimize any future soil removal `
or compaction within the dripil-n . Widening Traffic Way and
installing a. curb and gutter will require the removal of ad-
ditional soil from what is currently a viable part of the soil
profile within the dripline. To offset this loss, I recommend
surface ripping to a depth of' 6 inches the area to the west of
the tree that is currently being used for parking. Removal of
the asphalt paving in the existing driveway and surface ripping
this area before it is backfilled will restore an area of viable
soil that is currently not available to the tree. Installing a
retaining wall or gravity wall at the curb is preferable to
grading or tapering the soil from the curb elevation back to the
natural grade. Grading would further reduce the viable soil _
area and, more importantly, cause excessive root damage. A
sidewalk, if installed, should be at the natural grade, made of
porous material and routed around- the tree to the west.
To minimize root damage during the widening of Traffic Way,
I recommend hand trenching at the curbline the length of the
dripline to the depth of the curb. Roots encountered should be
cleanly cut and sealed. Soil to the street side of the trench
can then be removed with equiptment. This practice will elim-
inate excessive root damage typically caused by heavy equipment.
305.466.3449
2500 El Camino Real • Atascadero, CA 93422
004052
CITY O F
y, •• • • .y .RTAS CAD ERO
COMMUNITY DEVELOPMENT
DEPARTMENT
page 2
it is important to restore viable rootzone area before any
more is removed. Therefore, surface ripping the existing park
ing area and removal of the driveway asphalt should occur before
the cut is made to widen Traffic-Way. I would also recommend
extending the culvert and relocating the existing driveway to
the north away from the trunk of the tree and closer to the
proposed driveway. This would route the demolition and con-
struction equipment traffic away from the tree and reduce soil
-compaction within the dripline..
Protective fencing should be installed at the dripline to
the north and west of the tree during demolition to prevent
encroachment by heavy equipment. During construction, the
fencing may be moved to within five feet of any part of the
building that occurs within the dripline.
Additional measures that would enhance and protect the
tree includes -
1) Deep irrigation beginning as soon as possible and
repeated monthly through October.
2) The application of 4 to 6 inches of mulch (woodchips)
to all areas within the dripline but outside the pro-
tective fencing. This minimizes soil compaction.
3) Crown cleaning by a competant tree surgeon with
minimal live growth removal.
Gary, I'm conf ident that if these recommendations areim-
plemented the project can be completed without jeopardizing the
longterm health and vitality of this oak. If I can be of further
assistance, please do not hesitate to call..
sincerely,
J, .
James R. Patterson
ISA Certified Arborist #663
RECEIVED
A11v^1119,92
"Y ftao
PMFNT
000053
ATTACHMENT L
,� .... :.. . �;y CITY OF ATASCADERO Proposed Road Improvement
"«� = .e y�•- TPM #92007
COiWMUNITY DEVELOPMENT zCi #92005
DEPARTMENT
BLAKE Land 11rVe
163 W. Highway 246, Suite /03, P.O. Box 869, Est. /980
Buel/ton'California 93427 rel.:805-688-2054 L.S. 4?86 `
August 4, 1992 --"-
City of Atascadero
Community Development Dept.
Planning Division
ATTN: Gary V. Kaiser- Asst. Planner
6500 Palma Avenue
Atascadero, CA 93422
re: Atascadero TPM 92007 and PM AT 92-089 (Haas)
Dear Gary:
In lieu of widening and curb and gutter proposed on the West side-of Traffic Way, per the
Public Works Staff Report, we request moving-to the East side of Traffic Way and including
sidewalk. This would provide a sidewalk for children to get back and forth to the new school
and would eliminate several street crossings for them. Moving the curb, gutter and sidewalk to
the East side allows the existing trees on the West side to remain.
In addition to the request of the curb, gutter and sidewalk, we propose extending the existing
culvert on the West side of Traffic Way to our Northerly property line and paving over this -
extension, approximately 4 feet of width. -
Sincerely:
Berk Blake, LS 4786
BB/gd
cc: Frank Haas
encls.
04054
(� ~ ATTACHMENT M
CITY OF RTAS CAD ER Negative Declaration
O TPM #92007
Co it/W INITY DEVELOPMENT zc #92005
DEPARTMENT
CITY OF ATASCADERO
ENVIRONMENTAL COORDINATOR
NEGATIVE DECLARATION
CONO&JN=DEVELOPME:C DEPT. 6500 PALMA AVE. AT.#SCADMO,CA 93422 (805)461-5035
APPLICANT: ;2-A r4K.. NaaS
702-.0 t)AtA a Z05A ¢Ate
BUeUL1r0t4) ca 9 3-tZ-7
PROJECT TPTLE: gZc07 ? Ze- 920o S
PROJECT LOCATION: �
46 so 714A 1 cr W a7
PROJECT DESCRIPTION; Z.) LOTS iN'lb fo-a . C+�
'P•ti2c.�LS fo'Z SFZ VSE
FINDINGS:
L The project does not have the potential to degrade the environment.
2. The project wM not achieve shore term to the disadvantage of long-te=environmental goals.
3. the project does not have tmpac s wbich are iadivtduaity Kited.but comulattvely considerable.
4. The project will not cause substantial adverse effects as human be.ngs ether dit�tly or indirec'1y.
DETERhUNATION:
Based on the above findings.and,the information contained_in lie initial study(made a part hereof by refer-
,*and on file is the Community Development Deparment).it has been determined that the above project !
will not have an adverse impact on the environment.
Henry Engen
Community Development Director
Date Posted: 76L., t9-2 (99 2-
Date
Date Adopted:.
CDO 11-aa
000055
ATTACHMENT N - Findings for Approval
Tentative Parcel Map #92007
4650 Traffic Way (Landmark Partnership/Haas)
September 1, 1992
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
MAP FINDINGS•
1. The proposed subdivision is consistent with applicable
General and Specific Plans.
2. The design and/or improvement of the proposed subdivision is
consistent with applicable General and Specific Plans.
3. The site is physically suitable for the type of development
proposed.
4. The site is physically suitable for the density of the
. development proposed.
5. The design of the subdivision, and/or the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat.
6. The design of the subdivision, and the type of the
improvements, will not conflict with easement$ acquired by
the public at large for access through or the 'use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
7. The proposed subdivision design, and/or the type of
improvements proposed, will not cause serious public health
problems.
TPM92007.fin
00005
ATTACHMENT O -- Conditions of Approval
TPM #92007; Zone Change #92005
4650 Traffic Way (Landmark Partnership/Haas)
September 1, 1992
CONDITIONS OF APPROVAL:
1. All development shall conform to the Master Plan of
Development contained in Attachment Cr and shall be
consistent with Attachment D (Landscape/Fencing Plan) ,
Attachment F (Floor Plans) , Attachment G (Building
Elevations) , and the exterior colors provided in this
application. All development shall also be subject to the
requirements of this Attachment (Conditions of Approval) ,
and any other applicable other regulations of the City of
Atascadero.
2. Covenants, Conditions and Restrictions (CC&Rs) shall be ,
established to regulate land use, control nuisances, and,
maintain property landscaping, architecture and fencing in
accordance with Condition #1 above. Said CC&Rs shall be
submitted to the Community Development Department for review
and approval by the Community Development Department and
City Attorney prior to approval of the final map. The CC&Rs
shall be recorded prior to or .in conjunction with the
recording of the final map.
3. Fencing and landscaping within the project shall be placed
in accordance with the Landscape Plan included herein
(Attachment D) . Fencing within side yards adjacent to
Traffic Way, however, shall be relocated to the new prpperty `
line (to recognize additional 5-foot offer of dedication
required by Condition # 24 below) . No fences exceeding
three feet in height shall extend within ten (10) feet of
Traffic Way; no fences whatsoever shall be placed within
required front yards. Both fencing and landscaping shall be
included in the review of individual building permits for
each of the residences, and shall be in place prior to each
final building inspection.
4. As proposed, buildings on proposed parcels 1 & 4 shall
contain no openings in walls nearest Traffic Way. All _
windows throughout the site shall be constructed of double-
pane glass.
5. All on-site utility connections shall be installed
underground. Plans submitted for building permits on each
lot shall clearly indicate the undergrounding of utilities
and shall include details for the screening of all utility
meters from public view.
(page 1 of 5)
00005'7
6. All buildings shall be equipped with low-flow,''; water
conservation fixtures and devices. Building permits shall
clearly indicate conformance with this condition prior to
their issuance.
7. The applicant shall upgrade the existing fire hydrant
located on the opposite side of Traffic Way, approximately
ninety (90) feet to the south of the subject site. Said
fire hydrant upgrade shall be completed to the' satisfaction
of the City Fire Marshall prior to the recordation of the
final map and/or any final building inspections.
8. Fire extinguishers and smoke detectors shall be installed
within the proposed buildings, as required by the Fire
Marshall, prior to final building inspections.'
9. All site development, including road improvements, shall
require a tree protection plan per the Tree Ordinance (Ord.
No. 214) . Tree protection measures proposed shall be
consistent with those contained herein (staff report/thege
conditions) .
10. All reclamation activities described in Attachment K shall
be completed, and approved by the City Arborist, prior to
map recordation and/or the issuance of any development
permits.
11. Road improvement plans described in following ''conditions
shall include construction of a retaining wall, preferably a
gravity wall (i.e. , "Allen Block" ) , for tree protection
purposes. Said wall shall be placed within the road right-
of-way (as close to the curb as possible, per ';Public Works
Director) and shall extend from the southeast ''corner of the
site to the proposed driveway. All trenching/cuts necessary
for required road improvements/wall shall be made by hand,
and any roots encountered hand cut and properly sealed.
Public Works Department Conditions
12. Water shall be obtained from the Atascadero Mutual Water
Company.
13. All existing and proposed utility, pipeline, ripen 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.
14. All relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
i
(Page 2 of 5)
000058
15. Road improvement plans prepared by a registered civil
engineer shall be submitted for review and approval by the
Public Works Department, prior to the recording of the map.
Road improvements shall include, but not be limited to the
following;
a. Road widening of Traffic Way along the entire property
frontage according to City Standard Drawing 406. If
approved by the Director of Public works, the applicant
may contribute $2.50 per square foot to the "In-Lieu
Sidewalk Sinking Fund" instead of constructing the
sidewalk.
b. Pavement tapers from the edge of the existing pavement
to the edge of the new pavement. These tapers are to
be constructed a minimum of 50' beyond both sides of
the area called for in condition 12a.
C. Remove the existing Corrugated Metal Pipe located along
the property frontage, and replace it with an
appropriately sized Polyvinyl Chloride, or High Density
Polyethylene pipe. The length of the new pipe shall
extend across the entire property frontage, or as
directed by the Director of Public Works.
d. Storm drain inlets according to City Standard Drawing
502.
e. A drive approach according to City Standard Drawing
425.
f. R-value testing shall be done, and the pavement section
designed by a registered civil engineer to the
satisfaction of the Director of Public Works, prior to
the start of construction.
16. An encroachment permit shall be obtained from the City of
Atascadero Public Works Department prior to the start of
construction. The applicant shall enter into an Inspection
Agreement with the City guaranteeing that the work will be
done to a standard acceptable to the Director of Public
Works and that the inspections are paid for. The applicant
shall pay the City the current rate for inspection of the _
public improvements.
17. All public improvements shall be covered with a 100%
Performance Guarantee and a 50% Labor and Materials
Guarantee until the public improvements are deemed
substantially complete by the City Public Works Department.
Prior to the final inspection of the public improvements,
and before the other guarantees mentioned in this condition
are released, a 10% Maintenance Guarantee shall be posted to
cover the public improvements for a period of 1 year after
(page 3 of 5)
MOM,
the final inspection. The guarantee amounts shall be based
on an engineer' s estimate submitted by the project engineer
and approved by the Public Works Department. The Guarantees
posted for this project shall be cash deposit or a letter of
credit.
18. Construction of the public road improvements shall be
completed, or a deferred improvement agreement' shall be
secured by a 150% security deposit in a form acceptable to
the City Attorney, prior to the recording of the map.
19. A grading and drainage plan prepared by a registered civil
engineer shall be submitted for review and approval by the
Public Works Department, prior to the issuance of any
building permits, or the recording of the final. map.
20. Drainage facilities shall be constructed to City of
Atascadero Standards. All work shall be completed, or a
deferred improvement agreement shall be secured by a 150%
security deposit in a form acceptable to the City Attorney,
prior to the recording of the map.
21. All lot grading and drainage improvements shall require
written statement by a registered civil engineer that all
work has been completed and is in full compliahce with the
approved plans.
• 22. All grading and erosion control measures shall', be designed
by a registered Civil Engineer and constructed in accordance
with the City of Atascadero grading codes and ~standards.
23. All appropriate sewer annexation fees shall be, paid for
prior to the recording of the final map.
24. Offer to dedicate to the City of Atascadero the following
rights-of-way.
Street Name: Traffic Way
Limits: All portions of the subject property' within 30' of
the centerline of the right-of-way. '
25. Offer to dedicate to the public for public utility purposes_
the following easement.
a. A 6 '-0" PUE along the property frontage.
26. Offers of dedication shall be completed, and recorded prior
to, or in conjunction with the recording of the map.
27. Prior to the recording of the final map, a soils
investigation as required by the Subdivision Map Act shall
be submitted, recommending corrective actions which will
(Page 4 of 5)
000060
prevent structural damage to each structure proposed to be
constructed in the area where soil problems exist, as
indicated in the Preliminary Soils Report. The date of such
reports, the name of the Engineer making the report, and the
location where the reports are on file shall be noted on the
final map.
28. 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.
29. Approval of this tentative map shall expire two (2) years
from the date of final approval, unless an extension of time
is granted pursuant to a written request received prior to
the expiration date.
TPM92007.con (page 5 of -5)
•
0",061
ATTACHMENT P
Draft Ordinance
TPM: #92007
ZC (#92005
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY ';OF
ATASCADERO AMENDING MAP 6 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 4650 TRAFFIC WAY FROM
RMF/10 TO RMF/10 (PD7)
(ZC 92005:. HAAS)
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan in effect at the time of application
acceptance, as required by Section 65860 of the California
Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government (Code
concerning zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on August 4, 1992, and has recommended apprkoval of Zone
Change 92005_
NOW, THEREFORE, the Council of the City of Ata scadero. does
.
ordain as follows:
Section 1. Council Findings. "
1. The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptance.
2. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration.
prepared for the project is adequate.
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.
0000E
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 6 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
shown on the attached Exhibit A, which are hereby made a part of
this ordinance by reference.
Lots 13 and 14; Block W; Atascadero Colony
Development of said property shall be in accordance with' the
standards of the Planned Development Overlay Zone No. 7, the
Master Plan of Development shown on the attached Exhibit B, and
any conditions of approval imposed during the approval of this
zone change and/or any other associated applications.
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:
NOES:
ABSENT:
DATE ADOPTED: By:
ROBERT P. NIMMO, Mayor
City of Atascadero, California
0004934
ATTEST:
LEE RABOIN, City Clerk
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
000094
w
EXHIBIT B
y CITY OF ATASCADERO MASTER PLAN OF DEVELOPMEN
COMMUNITY DEVELOPMENT
DEPARTMENT
it�tS
off n
It
It
t
n
n
a ; Li . .
2k •i � .ts
r•i J � f ;ie _.
�.:
f . t
r�
o I
� - r
46
93
,.
+ flit.
o:=a,; . Yr
n �
q IN al
dt • �' F 7 t
s
Yu OOOOGG
MINUTES EXCERPT - PLANNING COMMISSION - SEPTEMBER 1, 1992
3 . ZONE CHANGE #92005 AND TENTATIVE PARCEL MAP #92007:
Application filed by Frank Haas (Landmark Partner-
ship/Blake Surveys) for a planned development, or small
lot subdivision, to allow the creation of four (4)
parcels ranging in size from 8,588 square feet to 10, 122
square feet for single-family residential use. Subject
site is located at 4650 Traffic Way.
Mr. Kaiser presented the staff report which focused on issues
including: density, development standards, site design,
architecture, drainage, noise factors, frontage improvements, `
environmental review, etc. Staff is recommending approval of `
the two applications subject to 29 conditions.
Commission questions and discussion followed.
Commissioner Lochridge commended Mr. Kaiser on a fine,
thorough staff report which addressed all applicable planning
related issues.
In response to query on the sidewalk issue, Mr.. Kaiser
described the physical aspects of the west and east sides of
Traffic Way which led to his conclusion that the west side is
most sensible for a future sidewalk. Discussion followed.
- Public Testimony
Frank Haas, applicant, spoke in support of his the request and
noted that he has owned the property for over 10 years.which, `
at that time, was zoned high density. The zoning was later
changed to a lower density.
Mr. Haas spoke in support of his proposal to construct the
sidewalk on the east side of Traffic Way noting that the west
side has several hills and blind spots and contains many oak
trees. The east side has no blind spots and would be safer
for school children walking to school.
In response to question by Commissioner Edwards, Mr. Haas
replied that he intended to notify the present tenants of the
proposed project after the Commission's action on the-matter,
and that they would be given two to three months to relocate.
Commissioner Edwards questioned whether it might have been
better to notify the tenants ahead of this particular meeting
so they could have had the opportunity to speak if they had
concerns. He noted that he is concerned with family
displacement.
000061
• Lindsay Hampton, 8402 Alta Vista, commended Mr. Haas on his
sensitivity towards the trees and other vegetation on the
property, and urged the Commission to support ';his suggestion
for installing the improvements on the east side of Traffic
Way.
- End of Public Testimony -
Commissioner Lochridge referred to the State mandated rules
for the City in developing its housing element;, and asked how
the State would view this type of housing.
Mr. Decamp replied that, in general, the State will look on
this type of housing favorably, as this project does respond
to a demonstrated need in the community. He added, however;
that there will be questions from the State on relocation and
dislocation as Commissioner Edwards pointed out.
Commissioner Hanauer offered that the planned developments
which have been reviewed by the Planning Commission during the
recent years have gotten consistently better. ';
Commissioner Edwards observed that the majority of children
that do attend San Benito School live on they west side; by
having a sidewalk on the east side, it would necessitate
having to cross the road 2 times to get to school.
Commissioner Miller voiced his feeling that the project has
tremendous appeal and is well planned. He noted that there is
considerable commercial development on the least side, and .
concurred with Commissioner Edwards that the sidewalk should
be on the west side.
Greg Luke, Public Works Director, provided a broader overview
on the overall planning for Traffic Way, which is a second
corridor (after El Camino Real) and probably one of the most
functional in terms of a bikeway path. He discussed grants
that the City is currently applying for to accomplish this.
He noted that staff's recommendation for improvements to the
west side also facilitates future construction.
MOTION: By Commissioner Lochridge and seconded by Commis-
sioner Hanauer to recommend approval of Tentative
Parcel Map #92007 based on the_ Findi:ngs and-subject
to the Conditions of Approval; motion carried 7:0.
MOTION: By Commissioner Lochridge and seconded by Commis-
sioner Hanauer to recommend approval of Zone Change
92005 based on the Findings contained in the Draft
Ordinance; motion carried 7:0.
0000F8
ORDINANCE NO. 261
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 6 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 4650 TRAFFIC WAY FROM
RMF/10 TO RMF/10 (PD7)
(ZC 92005: HAAS)
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan in effect at the time of application
acceptance, as required by Section 65860 of the California
Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on September 1, 1992, and has recommended approval of
Zone Change 92005.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings. _
1. The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptance.
2. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
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.
00000
Ordinance No. 261
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 6 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
shown on the attached Exhibit A, which are hereby mfade a part of
this ordinance by reference.
Lots 13 and 14; Block W; Atascadero Colony
Development of said property shall be in accordance with, the
standards of the Planned Development Overlay Zone No. 7, the
Master Plan of Development shown on the attached Exhibit B, and
any conditions of approval imposed during the approval of this
zone change and/or any other associated applications.
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:
0 ROBERT P. NIMMO, Mayor
City of Atascadero, California
0000'70
ATTEST:
LEE RABOIN, City Clerk
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
s
i
00007
EXHIBIT B
CITY OF ATASCADERO MASTER PLAN OF DEVELOPME�
C_SCf1 ea t ..►.—.
COMMUNITY DEVELOPMENT
DEPARTMENT
i
illti
g
fir'
02.4
Fri.
f
'ir
t
it'sL aHulEll
Raull �[j �tt l� =
rr
lip
212
P § a
i a �
[r .104
s
t�
-
� - r
F oilpt
Ytl
0000'73
REPORT TO CITY COUNCIL Agenda Item C-2
CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Dat. 9/22f92
From: Mark Joseph, Administrative Services Director
SUBJECT: Increasing the Bed Tax from Six to Nine Percent
RECOMMENDATIONSs
1. By motion, waive reading in full of Ordinance No. 257
and read by title only.
2. Introduce ordinance No. 257, increasing the Bed Tax
rate, on first reading.
B&C ROUND:
Council approved in concept an increase in the Transient
Occupancy Tax (Bed Tax) from 6 to 9 percent. This is the
enabling Ordinance. An advance copy has been forwarded to the
Chamber of Commerce for its review and comment.
ANALYSIS:
Most Cities in San Luis Obispo County, including the County
itself, charges nine percent or more. Only Arroyo Grande is
still at the six percent rate. As such, the, increa ed rate
should have little or no effect on occupancy rates.
The attached Ordinance would increase the rate to .nine
percent. In addition, the proposed amendments woulstrengthen
the City's ability to collect the tax owed it. Thi is
accomplished by providing an option of a more frequ nt payment
schedule (for example, monthly rather than quarterl ) for late
payees; establishing an additional $200.00 flat pen lty fee and
increasing the interest rate from six percent a yea to twelve
percent (more in line with common late payment char es) ; and
finally, clearly establishing that failure to pay i a
misdemeanor. It will be staff's intent to seek pro ecution
against hotel operators that do not pay in a timely manners
FISCAL IMPACT:
The new tax, if approved, will go into effect n November 1,
1992. On an annual basis, the increase should gene ate at least
$50,000. For the current fiscal year, the peak sumaer season is
over; the anticipated first-year revenue is only $15,000. No
additional costs are required to collect the higher rate; in
fact, the improved enforcement procedures should sawe a modest
amount of staff time involved with collections.
0000'74
ORDINANCE NO. 257
AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING
TITLE 3, CHAPTER 3 OF THE ATASCADERO MUNICIPAL CODE
AS IT RELATES TO THE CITY'S TRANSIENT OCCUPANCY TAX
Section l_. Title 3, Chapter 3 of the Atascadero Municipal Code
is amended as contained in the Attached Exhibit A, which is
hereby made a part of this ordinance by reference.
Section 2. 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 Ordinance of this City.
Section 3. This ordinance shall go into effect and be in full
force and effect at 12:01 a.m. on November 1, 1992.
On motion by Councilperson , seconded by
Councilperson , the foregoing ordinance is hereby adopted
in its entirety on the following roll call vote:
AYES
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:.
ROBERT P. NIMMO, Mayor
ATTEST:
LEE RABOIN, City Clerk -
APPROVED AS TO FORM:
ARTHER' MONTANDON, City Attorney
0
000075
AMENDMENTS TO THE ATASCADERO MUNICIPAL CODE
Title 3, Chapter 3, "Transient Occupancy "Tax"
1. Section 3-3.03 (Tax imposed) shall be amended!; to increase
the tax rate from six percent (6%) to nine percent '(9%) ;
2. Section 3-3.07 (Reporting and Remitting) shall be amended
to add a second paragraph as follows: "If circumstances warrant,
due either to the amount of the Tax or delays in receiving the
tax remittance, the Tax Administrator may require an Operator to
file a tax return on a more frequent basis than quarterly and may
also require the Operator to remit the full amount of the tax
collected at that time. ";
3. Section 3-3.08 (a) (Peanalties and Interest) shall be amended .
to read in part as follows: "Any operator who fails to remit any
tax. . .shall pay a penalty of two hundred dollars (g200.00) and
ten percent (10%) . . . . "
4. Section 3-3.08 (d) (Penalties and Interest) shall be amended
to increase the interest rate charged from one-half ( 1/2) of one
percent (1%) per month to one percent (1%) per month; and
5. Section 3-3.14 (Violations: Misdemeanor) shall ';be amended to
read in part as follows: " . . . . .any operator or other person who
fails or refuses to register as required in this chapter, or to
furnish any return required to be made, or who fails or refuses
to furnish a supplemental return or other data required by the
Tax Administrator, or who renders a false or fraudulent return or
claim, or who fails or refuses to remit the full amount of the
tax collected, is guilty of a misdemeanor. . . . ".
a:bedtax
#29
O000 76
REPORT TO CITY COUNCII,
CITY OF ATASCADERO Agenda Item: C-3(A)
Through: Ray Windsor, City Manager Meeting ate: 9/22/92
G
From: Michael McCain, Acting Fire Chief
UBJECT
Resolution No. 84-92 adopting new fire department fees
RECOMMENDATION
Recommend Council adopt the fire department fees schedule, as
indicated in Exhibit A, attached to Resolution No. 84-92.
BACKGROUND
Seeing the need for the department to develop a user fee program to
assist the City's growing financial concern in 1991, the fire
department's goal was to establish a fee schedule for special fire
department services. The proposed schedule will also set fees for
required fire permits. Article 4 of the 1991 Unifo Fire Code
specifies what items or processes require a fire department permit. .
The code also allows for a fee to be charged _for the permits. The
amount of the fee is to be established from time to timc by resolution _
of the City Council.
The proposal endorsed the concept that fees should also be charged
for any operations that require extra service, equipment or resources
above what is normally required. Included in the resolution are the
following areas: speciality plan reviews; engine standby time; fire
investigation reports; fire incident reports; technical consultation; and
hazardous materials incidents.
Also included is a request for reimbursement of paramedic fees. The_,
Atascadero Fire Department has been providing par medic service
since 1988. During this time, the local ambulance company has been
charging the patient for that service but the fire depar ment has not
received reimbursement in any form..
The amount of the fees will reflect the actual costs incurred by the
department to perform the tasks.
000077
REPORT TO CITY COUNCIL Agenda Item: C-3(A)
Page 2
It is not the intention of the fire department to charge a fee for annual
fire prevention inspections which consist of an initial inspection and
one follow-up inspection. This basic service is a benefit to all the
business owners and residents of the City, and insures everyone's
safety while working and shopping in the community. Businesses
requiring additional inspections for compliance after the follow-up
inspection will be charged.
FISCAL IMPACT
I anticipate no significant impact to the department, as manpower and,
time records are kept for all incidents. Records are also kept on each
inspection and plan check which can be compiled on a monthly basis
for billing purposes. The fire department would be responsible for all
billing tasks.
Estimated annual revenue would be over $100,000, based on previous
activity.
•
0000'78
RESOLUTION NO. 84-92
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
ADOPTING NEW FIRE DEPARTMENT FEES
BE IT RESOLVED by the City Council of the City of'Atascadero:
Section 1. Resolution No. 84-92 is hereby adopted to establish
Fire Department fees indicated in Exhibit A, made a part of this
Resolution;
Section 2. These new fees shall be effective immediately upon
adoption.
On motion by Councilperson and seconded by
Councilperson , the foregoing resolution is hereby adopted in
its entirety, by the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON,City Attorney
APPROVED AS TO CONTENT:
MICHAEL P. MCCAIN, Acting Fire Chief
000079
ATASCADERO CITY FIRE DEPARTMENT Resolution No. 84-92
FEE SCHEDULE Exhibit "A"
PERMIT INSPECTION FEE - renewable annually
(Any combination of permits shall not exceed $90.00.)
Aircraft refueling vehicles $35.00
Aircraft repair hanger $35.00
Automobile wrecking yard $35.00
Bowling pin or alley refinishing $35.00
Candles or open-flame in assembly areas $35.00
Cellulose nitrate storage/handle or store over 25 lbs. $35.00
Combustible fiber storage/handle or store over
100 cubic feet $35.00
Compressed gases:
Non-flammable - more than 6000 cubic feet $35.00
Flammable - more than 2000 cubic feet $45.00
Cryogens:
Inside building
Flammable - over 1 gallon $35.00
Oxidizer (includes oxygen) - over 50 gallons $35.00
Corrosive or highly toxic - over 1 gallon $35.00
Non-flammable - over 60 gallons $35.00
Outside building
Flammable - over 60 gallons $35.00
Oxidizer (includes oxygen) - over 50 gallons $35.00
Corrosive or highly toxic - over 1 gallons $35.00
Non-flammable over 500 gallons $35.00
Dry cleaning plant
Using flammable liquids $35.00
Using non-flammable liquids $35.00
Dust producing operation $35.00'
Explosives or blasting agents $35.00+
Engine standby $125.00/hr
Flammable or combustible liquids
Inside - Class I (over 5 gallons) $45.00
Class II & III (over 25 gallons) $45.00
Outside - Class I (over 10 gallons) $45.00
Class II & III (over 60 gallons) $45.00
Fruit ripening - ethylene gas process $35.00
Garages (repair) $35.00
Hazardous chemicals --
Ammonium nitrate (over 1000 lbs.) $45.00 -
Corrosive liquids (over 55 gallons) $45.00
Cryogenics (any amount) $45.00
Highly toxic materials (any amount) $45.00
Hypergolic materials (any amount) $45.00
Nitromethane (over 500 lbs.) $45.00
Organic peroxides (over 10 lbs.) $45.00
Oxidizing materials (over 500 lbs.) $45.00
Poison gas (any amount) $45.00
1
9/14/92
000080
ATASCADERO CITY FIRE DEPARTMENT Resolution No. 84-92
FEE SCHEDULE Exhibit "A"
PERMIT INSPECTION FEE (continued)
Pyrophoric materials (any amount) $45.00
Any combination of amounts stated above,$90.00
Highly toxic pesticides (storage of any amount) $45.00
High piled combustible stock - exceeding 2500 sq. ft. $45.00
Junk yards $35.00
Liquified petroleum gas
Containers more than 119 gallons water
capacity $35.00
Tank vehicles for transportation of LP gas $35.00
Lumber yard - storage in excess of 100,000 board feet' $35.00
Magnesium working - process more than 200 lbs. daily_$35.00
Matches - manufacture/store in excess of 60 matchman
gross (14,400 each gross) $35.00
Nitrate film - store, handle, use or display $35.00
Oil and natural gas wells
To drill, own, operate or maintain $35.00
Organic coatings - manufacture over 1 gallon/day $35.00
Ovens (industrial, baking and drying) $35.00
Places of assembly $35.00
Radioactive material
To store or handle (see Fire Code for
amounts) $35.00
To transport any quantity $35.00
Refrigeration equipment
Mechanical refrigeration (see Fire Code
for most common refrigerants) $35.00
Spraying or dipping $35.00
Tank vehicles for transportation of flammable and
combustible liquids $35.00
Tents and air-supported structures/excess of 200 sq. ft. $35.00
Tire re-capping $35.00
Waste material handling plant $35.00
Welding and cutting operations - any occupancy $35.00
PERMIT FEES FOR EACH OCCURRENCE OF USE
Public fireworks display. $35.00+ _
Engine standby $125.00/hr =
Industrial/commercial standby $35.00+
Engine standby $125.00/hr
Circus standby $35.00+
Engine standby $125.00/hr
. Fire Watch/Inspector current
hourly rate
2
9/14/92
000081
ATASCADERO CITY FIRE DEPARTMENT Resolution No. 84-92
FEE SCHEDULE Exhibit "A"
PERMIT FEES FOR EACH OCCURRENCE OF USE (continued)
Excavation near flammable or combustible liquid
pipelines $10.00
Fumigation or insecticidal fogging (permit & 24 hour
notice required) $10.00
Failure to notify fire department 24 hours in advance of
fumigation or insecticidal fogging double fees
Bonfire $10.00
Knox box $10.00
Burning in a public place $10.00
To install, alter, remove, abandon, place temporarily out
of service, or otherwise dispose of flammable or
combustible liquid tanks $35.00/tank
(engine standby for removal) $125.00`
FIRE DEPARTMENT COMMERCIAL PLAN REVIEW AND NEW
CONSTRUCTION INSPECTION PERMIT
Specialty plan review
Automatic sprinkler system minimum um
Fire alarm system $26.00
Compressed gas installation $20.00.
Specialized fire protection system (halon, dry
chemical, CO-2, foam, etc.) $40.00
Flammable or combustible liquid tank $26.00
Medical gas system $26.00
On-site hydrant system $40.00
Standpipe system (wet, dry, horizontal) $46.00
Tents/air supported structures $26.00
Consultation - plan review Actual cost/hr
(In addition to normal process) (1 hr minimum)
Each occurrence
Failure to meet for scheduled reinspection on site $26.00
Request for building fire flow calculations or
hydrant flows $26.00
3
9/14/92
000082
k
ATASCADERO CITY FIRE DEPARTMENT Resolution No. 84-92
FEE SCHEDULE Exhibit "A"
. HAZARDOUS CHEMICAL AND MATERIAL INCIDENTS BEYOND
NORMAL SERVICE REQUEST
(This includes response to railroad properties,
freeways and aircraft crashes)
First hour of incident No charge for personnel
(except for negligent act) and apparatus
Beyond first hour of incident $125.00 per piece of
apparatus (2 firefighters) +)
All special equipment and services Reimbursement of real cost
ordered by the fire department
necessary to mitigate emergency
including services of other City
departments
Hazardous materials incident $125.00 per piece of
response due to negligence apparatus (2 firefighters) +
REIMBURSEMENT FOR CHEMICAL TECHNICAL CONSULTANT
• All technical consultant sessions Reimbursement of real
required by fire department cost
to supply a technical opinion
FIRE INVESTIGATION REPORT FEE
Copies of cause and origin $10.00 for single family
investigation reports dwellin s
$10.00 or auto Ares
$20.00 for commercial
buildings
FIRE DEPARTMENT INCIDENT REPORT FEES
Copy of incident report $10.00per incident
report
Additional copies $.75 per, page, $10.00
maximum
•
4
9/14/92
000083
ATASCADERO CITY FIRE DEPARTMENT Resolution No. 84-92
FEE SCHEDULE Exhibit "A"
COMPLIANCE INSPECTION FEE
There shall be no charge for an annual inspection of an occupancy
(except when a fire department permit is required) or for a
reinspection of that occupancy to verify compliance. However, if the
occupancy does not comply with Fire Code standards after the first
reinspection, the occupant will be charged $25.00 for each additional
reinspection required.
There will be leeway involved in valid cases where there is delay
because of waiting for parts or a delay in securing repair personnel to
do the work, at the discretion of the Fire Chief.
FIRE SUPPRESSION COSTS
Rates for cost recovery of fire suppression costs will be charged, at
standard hourly rate for Reserves and equipment, and time and one-
half for paid firefighters.
Engine company (includes $125.00/hr
2 firefighters)
Property owners who allow controlled burns to escape, willfully set
fires or through negligence allow fires to start and spread, will be
billed for all fire suppression costs.
CONTROLLED BURN FEES
Controlled burns of structures
1,000-2,000 square feet. $5,000.00
Structures over 2,000 square
feet Fee to be determined
by Fire Chief
All controlled burn rates are figured at standard hourly rate for
Reserves and equipment used, and time and one-half for paid
firefighters.
Engines (with two firefighters) $125.00 per hour
PARAMEDIC FEES
Charge the ambulance provider $166.00 minimum
100% of advanced life support
(ALS) fees they are presently •
receiving per call.
5
9/14/92
000084
N
ATASCADERO CITY FIRE DEPARTMENT Resolution No. 84-92
FEE SCHEDULE Exhibit "A"
•
STATE LICENSED FACILITY INSPECTION FEE
Inspections of state licensed facilities $50.00
requested by the Dept. of Social Services
PENALTY FEES
Non-renewal of annual permit Double fees
or certificate
Failure to obtain permit Double fees
•
6
9/14/92
000085
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C - 3(B)
-----------------------------------------------------------------
Through: Ray Windsor, City Manager Meeting Date: 9-2`2-92
From: Chief of Police
------------------------ ----- - -- ----- -
SUBJECT: Proposed resolution calling for the adopt on of new fees
for cost recovery for miscellaneous and special police services.
RECOMMENDATION Adopt Resolution No. 85-92 which will establish
new fees for miscellaneous and special police services.
BACKGROUND: The services listed on the attache (Exhibit' III)
list are considered optional police activities which are, not
services mandated by State legislation. Fees are now charged for
three of the five- services, and we are now recommending fees be
assessed for the two which have in the pastbeen offered at no
charge (abandoned vehicle abatement and background clearance
letters) . Police staff recommends these fees in the spirit of
"user pays".
Council members will recall that during the regular Council
Meeting of September 8, 1992, a survey of other agencies in
S.L.O. County was presented in which a comparison of fees was ,
considered. The proposed fees in the attachment are the result
of that comparison.
FISCAL IMPACT: Adoption of this resolution will a low the City
to recover part of our operating costs. No additiDnal supplies,
equipment or staffing will be required.
RHM:sb
Attachments:
000089
RESOLUTION NO. 85-92
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
MODIFYING AND ADOPTING FEES FOR
MISCELLANEOUS AND SPECIAL POLICE SERVICES
BE IT RESOLVED by the City Council of the City of
Atascaderos
Section 1. Current fees previously adopted by City
Council for miscellaneous and special police services are
hereby modified as indicated in Exhibit "A".
Section 2. New fees for police services are hereby
adopted as indicated in Exhibit "A"
Section 3. The new fees as set forth and described in
Exhibit "A" . shall become effective immediately upon City
Council adoption.
On motion by Councilperson and
seconded by Councilperson the
foregoing resolution is hereby adopted in its entirety, by
the following roll call vote:
AYES:
NOES;
ABSENT:
ADOPTED•
ATTEST: CITY,,`OF ATASCADERO
LEE RABOIN, City Clerk BY: ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney _
APPROVED AS TO CONTENT:
E4:!�O—g
+'
RICHARD . McHALE
Chief of Police
000087
RESOLUTION NO. 85-92
PROPOSED FEE SCHEDULE EXHIBIT "A"
SPECIAL AND MISCELLANEOUS POLICE SERVICES
SERVICE FEE
-Applicant Fingerprinting $10.00 per person
(realtors, teachers, licensing, etc. )
-Copies of Police Reports/Records $10.00 each
(crime, incident, traffic, etc. )
-Vehicle Identification Number $10.00 per vehicle
Verification
-Abandoned Vehicle Abatement *$90.00 per vehicle
-Background Clearance Letters $10.00 per letter ,
(Visas, passports, immigration, etc. )
*Should the processing of the vehicle necessitate additional
effort beyond one hour, the officer's current; hourly rate
• shall be assessed in addition.
i
000088
MEETING AGENDA
DATE-2L22./92-. REM, C 3,_. Q
RESOLUTION NO. 86-92
A RESOLUTION OF THE ATASCADERO CITY COUNCIL
MODIFYING FEES FOR PERMITS AND OTHER
ACTIVITIES UNDERTAKEN PURSUANT TO BUILDING
AND CONSTRUCTION REGULATIONS
BE IT RESOLVED by the City Council of the City of Ata cadero:
Section 1. Resolution 5-85 is hereby modified as follows:
add to Table 5 - Miscellangous Feed;
Requests for Information $ 5.00 minimum + Copy Charges
(over 1/2 hour staff time add. $10.00/half hr.)
Section 2. These changes shall be effective immediately upon adoption.
On motion by eounclperson , and seconded by Councilperson
, the foregoing resolution is hereby adopted in its entirety, By
the following roll call voter
AYES: Councilmembers
NOES: Councilmembers
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADER
BY:
LEE RABOIN, City Clerk ROBERT NIMMO, Mayor
APPROVED AS TO FORM: -
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Community
Development Director
000089
REPORT TO CITY COUNCIL Meeting Dates 9/22/92
CITY OF ATASCADERO Agenda Item: C-4 (A&B)
Through: Ray Windsor, City Manager
From Chief of Police
SUBJECT:
Cost recovery for emergency services relating to incidents
involving persons driving under the influence ol alcohol and .
or/drugs.
RECOMMENDATIONS
1 Waive reading in full of Ordinance No. 259 and read by title
only.
2. Introduce Ordinance No. '259 on first reading by title only.
3. Adopt Resolution No. 90-92 establishing a policy for the
financial recovery of costs of emergency responses, pursuant
to Government Code 'Section 53150.
BACKGROUND:
Some Council Members may recall that this ordinance was proposed '
previously and for varying reasons was not -adopted. In keeping
with the reality of a deteriorating fiscal ' outlook we are once
again proposing a program of cost recovery which simply requires
"users pay" .
Proposed Resolution No. 90-92 sets the policy (Exhibit "A") for
various departments of the City to recover costs associated with
emergency response to incidents involving persons under the
influence of alcohol and/or drugs; or persons driving with
intentional wrongful conduct,.
As the ordinance and resolution materials are reviewed, please note
that adequate legislative and government authority exists fo=
prompt implementation. -_
FISCAL IMPACT:
Undetermined.
Attachments: Staff Report dated August 13, 1991
Proposed Ordinance No. 259
Proposed Resolution No. 90-92
000093
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C -3 (A)
Through: Ray Windsor, City Manager Meeting Date:8/13/91
From: Richard H. McHale,Chief of Poli
SUBJECT: A proposed ordinance adopting the policy for the Recovery of Costs 9f.
Emergency Responses, Pursuant to Government Code 53150,et seq.
RECOMMENDATION The City Council adopt Ordinance Number: 259 ew
which sets the policy for various departments of the City of Atascadero to charge for services
provided during emergency responses to incidents involving persons driving under the
influence of alcohol and/or drugs;or persons driving with intentional wrongful conduct.
BACKQROUND: In 1986, the California State Legislature adopted Sections 53150
through 53158 of Article 8 of the California Government Code. These sections set forth the
authority and procedures for City and County governments to recover the costs incurred by
emergency responses to alcohol related, motor vehicle incidents.
Routinely, departments of the City of Atascadero respond,to such incidents. A normal
response would include personnel of the Police Department and the Fire Department. On
occasion,the response could also include personnel of the Street Maintenance Division.This
procedure would allow the City of Atascadero to charge those persons deemed responsible
for costs incurred in such incidents.
Six jurisdictions within the County of San Luis Obispo have already enacted such ordinances
and are currently processing such charges. The California Highway Patrol began similar
billings as of January 1, 1989.
FISCAL IMPACT: Adoption of this ordinance would allow the City to realize recovery of
an undetermined amount of revenue through the billing of the responsible parties. The =
required procedure will incur little, if any, additional expense.
RMH:jph
Attachments:
000094
P
EXHIBIT A
REGULAR FARE $1.09
DISCOUNT FARE* $ .75
BABES IN ARMS FREE '.
*Discount Fares are available to the following individuals:
Those over 60 Years of Age
Physically Challenged
Developmentally Challenged
Children under 5 years old
000092
REPORT TO CITY COUNCIL Meetimg Dates 9-22-92
CITY OF ATASCADERO Agenda Item: C-3(d)
Through: Ray Windsor, City Manager Meeting Date:
From: Greg Luke, Director of Public Works
SUBJECT
Increase in Dial-A-Ride fares.
RECOMMENDATION:
Staff recommends that-Council approved attached Resolution No.
87-92 increasing Dial-A-Ride fares.
DISCUSSION:
Currently the fare for a Dial-A-Ride customer is $.75 for the
"Regular Fare" and $.50 for the "Discount Fare' . This fee has
remained unchanged for approximately 5 years. The City is required
by law to recover a minimum of 13% of the operation cost through
fare box revenues. As operational costs have slowl rise, the fare
box revenues have decreased as a percent of the cost.
We are now very close to reaching the 13% limitation. The
recommendation at this time is to increase the fares to $1.00 for: .
full fare and $.75 for discount fares.
The fare increase proposed would bring the farebox ratio to ~
approximately 16% of operating costs. It is prudent to provide a
degree of flexibility with the farebox return short of reaching the
minimum allowed. This is especially important if service
expansions are planned. The Short Range Transit Plan recently
received by Council recommends both expanding weekly service hours
and adding Saturday service. Historically, expan ions of service
take time to become established and can initially reduce the
farebox ratio.
FISCAL IMPACT:
There is no cost to the City of Atas adero in the
modification, however, failure to meet the 13% far box ratio could
result in loss of State Transit Funds.
000090
RESOLUTION NO. 87,-92
RESOLUTION OF THE COUNCIL OF THE
CITY OF ATASCADERO SETTING FARES RATES
FOR THE- DIAL-A-RIDE TRANSPORTATION SYSTEM
WHEREAS, the City of Atascadero provides public door-to-door
transportation for the citizens of Atascadero; and
WHEREAS, State regulations require recovery of 13% of the
operating costs of the transportation system through the fares paid
by the riders; and
WHEREAS, it is necessary to periodically review and adjust
fares as necessary to insure compliance with state regulations.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Atascadero does resolve to establish fares as detailed in Exhibit
"A" , attached hereto.
On motion by and seconded by
, the foregoing Resolution is hereby adopted in its
entirety on the following roll call 'vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT P. NIMMO, 'Mayor
APPROVED AS TO FORM:
ARTHER -MONTANDON, City Attorney
APPROVED AS TO CONTENT:
GREG LUKE
Director of Public Works
City Engineer
000091
k
ORDINANCE NO. 259
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO ADDING CHAPTER 13 TO TITLE 3 OF
THE ATASCADERO MUNICIPAL CODE APPROVING
THE IMPLEMENTATION OF A STATE AUTHORIZED
PROGRAM TO RECOVER COSTS OF RESPONSES TO
EMERGENCIES CAUSED BY DRUNK OR RECKLESS
DRIVERS,AND PROVIDING GUIDELINES AND
PROCEDURES THEREFORE, PURSUANT TO
CALIFORNIA GOVERNMENT CODE 53150, ET SEQ.
WHEREAS, the Legislature has adopted Government Code Sections 53150
through 53158,which specifically authorize the City to recover costs of emergency responses
to"incidents"caused by drivers under the influence of alcohol and/or drugs,or drivers whose
conduct is intentionally wrongful; and
WHEREAS, the City Council desires to provide guidelines and procedures for
City use;
NOW,THEREFORE,the City Council of the City of Atasradero does ordain as
follows:
Section 1. Chapter 13 is hereby added to Title 3 of the Atascadero Municipal Code
to read as follows:
Chapter 13. Response and Enforcement Costs.
Sec. 3-13.01. Emergency Responses.
A. Driving,Boating or Flying Under the Influence.The following guidelines
and procedures are established for implementation and administration of Title 5,
Division 2,Part 1,Chapter 1,Article 8 of the California Government Code entitled
"Costs of Emergency Response" (CaCC §53150, et seq.) as it may be amended
from time to time.
(1) All City line departments (Police, Fire, Public Works, etc.)
participating in emergency responses to any incident involving a person under the
influence of alcohol and/or drugs, or a person whose conduct is intentionally
wrongful, while operating a motor vehicle, boat, or civil ''aircraft shall log all
personnel time, equipment time and use,and all incidental 'costs involved in such
emergency response.
(2) The costs to the City for all such personnel time,equipment use,
and incidental items shall be reported by each department,within ten (10) days
• thereafter to the City Finance Department, including, without limitation:
000095
Ordinance No. 259
Page 2
(a)All direct wage costs for all department personnel so involved,
including the department head.
(b)All equipment costs, including reasonable depreciation or
standard industry hourly rental amount, plus the cost of all incidental materials
and supplies, involved in the emergency response.
(c) The department head responsible for determining that the
person causing the incidentwas under the influence of alcohol and/or drugs,or that
said person's conduct was intentionally wrongful, shall be responsible for
coordinating the preparation and furnishing of the departmental reports.to the
City Finance Department.
B. The provisions hereof shall be applied uniformly against all such '
persons charged with a Penal Code, Vehicle Code, Health and Safety Code, or
other statutory violation;no City official other than a majority of the City Council
shall have authority to reduce or cancel the debt obligation after criminal charges
arising from the incident have been approved by the District Attorney.
C. The debt obligation herein shall only be excused or cancelled by the
City Council after a duly noticed public hearing.
D. All judicial actions for judgement and collection of the debt obligation
herein shall be filed in the San Luis Obispo County Municipal Court,Small Claims
Division.
E. All monies collected shall be placed in,the City's General Fund, and
shall be included in the City budget projections. _.
F. The City shall adopt a policy by resolution for financial recovery of costs
of emergency response pursuant to Government Code Section 53150, et seq.
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 this City in accordance with
Government Code Section 36933;shall certify the adoption of this ordinance;and shall cause
this ordinance and certification to be entered in the Book of Ordinances of this City.
Section 3. Effective Date. This ordinance shall go into effect and be =
in full force and effect at 12:01 a.m. on the thirty-first(31st) day after its passage.
•
000096
Ordinance No. 259
Page 3
On motion by Council member and so;conded by Council
member , the foregoing ordinance is hereby adopted in its
entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
ATTEST:
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM: .
ART MONTANDON
City Attorney
APPROVED AS TO CONTENT:
RICHARD H. WHALE
Chief of Police
00009'7
RESOLUTION NO. 90-92
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING A POLICY FOR THE
FINANCIAL RECOVERY OF COSTS OF EMERGENCY RESPONSES,
PURSUANT TO GOVERNMENT CODE SECTION 53150, ET SEQ.
WHEREAS, Government Code Sections 53150 through 53158
authorizes the City to recover costs of emergency responses to
incidents caused by drivers under the influence of alcohol and/or
drugs, or drivers whose conduct is intentionally wrongful; and
WHEREAS, the City Council desires to amend the Atascadero
Municipal Code by the adoption of Ordinance No. 259 approving the .
implementation of a program to recover costs of response to
emergencies cause by drunk or reckless drivers; and
WHEREAS, it is appropriate to establish fees to cover the cost
of providing necessary emergency response to incidents involving
intoxicated and/or reckless drivers.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City
of Atascadero as follows:
SECTION 1. Exhibit "A": A Policy for the Financial
Recovery of Costs of "Emergency Responses", pursuant to Government
Code Section 53150, et seq. is hereby adopted.
SECTION 2. This resolution shall be effective immediately
upon final adoption of Ordinance No. 259.
On motion by Councilperson and seconded by
Councilperson , 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 ROBERT P. NIMMO, Mayor
i
000098
F
Resolution No. 90-92
Page Two
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
APPROVED AS TO CONTENT:
RICHARD H. McHALE, Chief of Police
000099
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 1
CITY OF ATASCADERO •
POLICY FOR THE FINANCIAL RECOVERY OF
COSTS OF"EMERGENCY RESPONSES", PURSUANT TO
GOVERNMENT CODE, SECTION 53150 et seq.
Table of Contents
1.0 Overview of Policy...................................................................................................... l
2.0 Legislative Authority (CaCC §53156) .................................................................... 1
2.1 California Government Code, §53156............................................................... 1
2.2 Costs authorized for recovery ............................................................................ 1
3.0 Criteria for the Recovery of Expenses ...................................................................... 2
3.1 The incident.......................... ........... 2
.................
3.2 An"Emergency Response"................................................................................. 2
3.3 Alcohol/drug influence or willful misconduct.................................................... 2
3.4 Filing of charges ................................................................................................. 2
4.0 Procedure for Recovery .............................................................................................2
4.1 Initiation of reimbursement form ...................................................................... 2
4.1.1 Automatic aid responses - Fire Department ......................................... 3
4.2 Finance Department billing............................................................................... 3
4.3 Civil obligation (CaGC§53154)........................................................................ 3
5.0 Financial Responsibility............................................................................................ 3
5.1 Liability limitations (CaGC§53155)....................:.:.......................................... 3
5.2 Insurance payment of expenses (CaGC§53154).............................................. 3
6.0 Charges for an Emergency Response........................................................................ 4
6.1 Atascadero Police Department.................................................................4........ 4
6.2 Atascadero Fire Department............................................................................. 4
6.3 Atascadero Streets Division...............................................................................4
6.4 Atascadero Finance Department....................................................................... 4
6.5 Civil court remedies ..................................... .................................................. 5
7.0 Uniform Enforcement/Cancellation...........................................................................5
7.1 Uniform enforcement.......................................... . 4
7.2 Debt Cancellation .............................................................................................. 5
7.3 Judicial Filings.................................................................................................... 5
7.4 Disbursement of monies..................................................................................... 5
Appendix A(Government Code Sections)........................................................................ 6
Appendix B (Financial Recovery Reimbursement Form)................................................ 8 •
000100
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 2
CITY OF ATASCADERO
POLICY FOR THE FINANCIAL RECOVERY OF
COSTS OF "EMERGENCY RESPONSES", PURSUANT TO
GOVERNMENT CODE, SECTION 53150 et seq.
1.0 OVERVIEW
The purpose of this policy is to establish a procedure whereby the City of A.tascadero can recover
expenses incurred by the Atascadero Police,Fire,or other City Departments due to'Emergency
Responses'. Those `Emergency Responses' having been caused by perons driving under the
influence of alcohol and/or drugs and negligently operating a motor vehicle,boat,or airplane or
whose`intentionally wrongful conduct"causes such an`Emergency Response'as outlined in the
California Government Code,sections 53150 through 53158(Appendix A).
2_0 LEGISLATIVE AUTHORITY FOR EXPENSE RECOVERY
2.1 California Government Code Section 53156
California Government Code section 53156 states: "`Expe�nse of an Emergency
Response'means reasonable costs incurred by a public agency in reasonably making
an appropriate emergency response to the incident,but shall only include those costs
directly arising because of the response to the particular incident. Reasonable costs -
shall include the costs of providing Police, Firefighting, Rescue, and Emergency .
Medical services at the scene of the incident,as well as the salaries of the personnel
responding to the incident."
2.2 Costs Authorized for Recovery
The above section describes costs which include,but aore not limited to:
2.2.1 Mileage to and from the incident scene.
2.2.2 The cost of the wages of the officers, firefighters, and other
emergency personnel at the scene for traffic/crowd control,
investigations, fire suppression and medical aid.
2.2.3 The cost of the material used at the scene;flares,medical supplies,
blankets, etc.
2.2.4 The cost of the preparations of the reports and the follow-up
investigations.
000101
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 3
Emergency Response Financial Recovery
Page 2
2.2.5 The costs including salaries,incurred by a"public agency"making
a reasonable emergency response to an incident.
3.0 CRITERIA FOR THE RECOVERY OF EXPENSES
3.1 The Incident
The incident, of whatever nature, must have occurred within the jurisdiction and
primary response area of the Atascadero Police Department and/or within the area
covered by the Atascadero Fire Department for primaryresponse or that area covered
under the Automatic and/or Mutual Aid fire suppression/medical aid responsibility.
3.2 An Emergency Response
An`Emergency Response'must have been initiated by either the Atascadero Police
and/or Fire Department(s), to which the Department(s) have the primary police
responsibility or the primary/Automatic Aid and/or Mutual Aid fire suppression/
medical aid responsibility.
3.3 Alcohol/Drug Influence or Willful Misconduct
It must be determined that the incident was caused by a person who was under the
influence of alcohol and/or drugs at the time of incident,or as a result of engaging in
"intentionally wrongful (or reckless)conduct".
3.4 Filing of Charges "
The person responsible for the incident must be charged with a violation of the
California Vehicle Code, the Penal Code, the Health & Safety Code or with an
applicable section of a Boating or Aviation code,which reflects such an alcohol/drug
influence,or a section reflecting"intentionally wrongful conduct".
4.0 PROCEDURE
4.1 Initiation of Reimbursement Form
The on-duty Police Department Watch Commander or ranking Fire Officer shall
initiate the Financial Recovery Reimbursement Form,(Appendix B)when the above
criteria is present. Once initiated,the Financial Recovery Reimbursement Form shall
then be forwarded to the Police Operations Lieutenant,Battalion Chief and/or Public
Works Administrator for completion or review and subsequent routing to the Finance
Division.
000102
P
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 4
Emergency Response Financial Recovery
. Page 3 '
4.1.1 Automatic Aid/Mutual Aid Responses-Fire Department
Should the"Emergency Response"occur outside of the city limits of the City
of Atascadero,butwithin the area covered under the Automatic Aid pact,and/
or Mutual Aid,for the Atascadero Fire Department,the Financial Recovery
Reimbursement Form will be initiated by the ranking Fire Officer. The form
will then be forwarded to the Finance Division for billing,as covered in section
4.2 below.
4.2 Finance Division Billing
The original of the form shall be forwarded to the Finance Division of the City of
Atasmderoforappropriatebillingoftheresponsibleparty.Theparticipatingdepariments
shall retain a copy of the completed form for their records. The~Finance Division may
exercise the option of using a professional collections agency if deemed appropriate.
4.3 Civil Obligation
The billing procedure described constitutes a civil obligation and shall not be affected
by the disposition of any resultant criminal proceeding. (CaGC§53154)
i 5.0FIN
_ ANCIAL RESPONSIBILITY
5.1 Liability Limitation
"In no event shall a person's liability under this article for the expense of an emergency
response exceed one thousand dollars ($1,000.00)for a particular incident." (CaCC
§53155)
5.2 Insurance Payment of Expenses
"The expense of an emergency response shall be a charge against the person liable for
expenses under this article. The charge constitutes a debt';of that person and is
collectible by the public agency incurring those costs in the same manner as in the case
of an obligation under contract, expressed or implied, except that liability for the
expenses provided for in this article shall notbe insurable and no insurance policy shall =
provide or pay for the expenses."(CaGC §53154) -
•
000103
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 5
Emergency Response Financial Recovery
Page 4
•
6.0 CHARGES FOR EMERGENCY RESPONSES
6.1 Atascadero Police Department
The Atascadero Police Department will submit a bill for its Emergency Responses at
the rate of thirty-five dollars ($35.00) for each patrol vehicle responding to the
emergency. In addition a charge will be billed for employees salaries,which'will be
based upon their regular hourly rate plus overtime(if required) as stipulated in the
current MOU for their classification. The hourly charge shall be for the total time of
each such employee while the employee is engaged in any necessary function relating
to the emergency. This shall include the total time spentpreparing the resultant report;'
including but not limited to:writing,reviewing,processing and filing of the report. The
unit charge shall cover all associated costs of the patrol vehicle including ordinary
supplies,mileage,and depreciation. The total bill charged shall be itemized to include
employee time and units of equipment deployed.
6.2 Atascadero Fire Department
The Atascadero Fire Departmentwill submit bill for its Emergency Responses at the
rate of sixty dollars ($60.00) for each piece of fire apparatus responding to the
emergency. In addition a charge will be billed for employees salaries,which will be
based upon their regular hourly rate plus overtime (if required) as stipulated in the .
current MOU for their classification. The hourly charge shall be for the total time of
each such employee,while the employee is engaged in any necessary function relating
to the emergency. The unit charge shall cover all associated costs of the fire apparatus '
including ordinary supplies,mileage,and depreciation.The total bill charged shall be
itemized to include employee time and units of equipment deployed.
6.3 Atascadero Street Maintenance Division
The Atascadero Street Maintenance Division will submit a bill for its Emergency
Responses at the rate of thirty-five dollars ($35.00) for each piece of equipment
respondingto the emergency. In addition a chargewill bebilled for employees salaries,
which will be based upon their regular hourly rate plus overtime (if required) as
stipulated in the current MOU for their classification. The hourly charge shall be for
the total time of each such employee while the employee is engaged in any necessary
function relating to the emergency. The unit charge shall cover all associated costs of
the fire apparatus including ordinary supplies,mileage,and depreciation.The total bill
charged shall be itemized to include employee time and units of equipment deployed.
Additionally,the Street Maintenance Division will submit for inclusion in the billing
process, the replacement costs for any and all damaged roadway material
(ie:guardrails, stopsigns, streetsigns, etc.).
000104
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 6
Emergency Response Financial Recovery
Page 5
6.4 Atascadero Finance Division
Itwill be the responsibility of the finance division to include in the bill to the defendant,
a charge of fifty dollars ($50.00) to cover the administering, accounting, billing and
tracking costs incurred in the preparation and collecting of this debt.
6.5 Civil Court Remedies
It shall be the policy of the City of Atascadero,that should any debt incurred under the
provisions of this policy become uncollectible,a civil remedy shall be sought. In such
a case, the City of Atascadero shall request reimbursement for court costs and
reimbursement for the wages of the City employee(s)required in court to prove the
City's case as a part of such civil action.
7_0 UNIFORM ENFORCEMENT/CANCELLATION OF DEBT
7.1 Uniform Enforcement
The provisions hereof shall be applied uniformly against all such persons charged with
a Penal Code,Vehicle Code,Health and Safety Code or other statutory violation;no
City official other than a majority of the City Council shall have authority to reduce or
cancel the debt obligation after criminal charges arising from the incident have been
approved by the District Attorney.
7.2 Debt Cancellation
The debt obligation herein shall only be excused or cancelled by the City Council after
a duly noticed public hearing.
7.3 Judicial Filings
All judicial actions for judgment and collection of the debt obligation herein shall be
filed in the San Luis Obispo County Municipal Court,Small CXaims Division.
7.4 Disbursement of Monies
All monies collected shall be placed in the City's General Fund;and shall be included
in City budget projections.
000105
REPORT TO CITY COUNCIL Meeting Date: 9/22/92
CITY OF ATASCADERO Agionda Item: C-5 (A&B)
Through: Ray Windsor, City Manager
From Chief of Police
SUBJECT:
Cost recovery for emergency response to alarms.
RECOMMENDATION: -
1. Waive reading in full of Ordinance No. 260 and read by title
only.
2. Introduce Ordinance No. 260 on first reading by title only.
3. Adopt Resolution No. 91-92 implementing a fee schedule for
emergency response to alarms.
BACKGROUND:
• This ordinance was proposed previously and for vary ng reasons was
not adopted. While there is a revenue enhancement aspect to this
program, its, major rationale for adoption is to provide increased
awareness to false alarms and, through penalty,- to reduce some.
FISCAL IMPACT:
Undetermined.
Attachments: Staff Report dated August 13, 1991
Proposed Ordinance No. 260
Proposed Resolution No. 91-92
000106
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item:c-3(B)
Through: Ray Windsor, City Manager Meeting Date: 8113/51
From: Richard H. McHale, Chief of Police.
SUBJECT: Proposed City Ordinance-Response to Alarms
RECOMMENDATIONS: Adopt the proposed ordinance regulating alarm systems and the
proposed fees responses to false alarm calls for service. (Ordinance No. 260 (New)))
BACKGROUND: Emergency response to calls relating to alarms account for a major
portion of the Police Department's service delivery system. It is estimated that there are more
than 600 locations within our city which are connected to an alarm system. During 1990,our
department responded to 716 Burglary and/or Robbery alarms which represents a 34%
increase over those received in 1989.More than 99%of these alarms were classified as false.
Over the past three years,our police officers handled 1,825 alarm calls. An analysis of these
incidents indicate that only one or two of these each year were verified as break-ins or entries.
The result of the Police Department responding to such incidents is inefficient, ineffective
and a very costly use of police resources in addition to the issue of increased exposure to
liability as we respond to and handle such matters.
The investigation and processing of false alarm calls during 1990 consumed more than 1,348
hours of personnel resources. In terms of salaries, benefits and equipment, these hours
equate to a cost exceeding$109,000.00 for alarm responses alone. There are other costs and
potential hazards also associated with false alarm responses including:
1. There is a threat to police personnel resulting from complacency which occurs in
repeatedly responding to false alarms.
2. There is a potential for accidental injury to citizens and responding public safety - -
personnel.
3. There is excessive and unnecessary out-of-service time for police officers investigating
false alarms. This can result in one to two officers being unavailable for extended
periods of time,thereby removing them from their primary law enforcement duties,
4. Alarm calls result in excessive police radio trafficwhich creates additional workload
on police dispatchers who must receive,document and dispatch alarm calls.
Page 1
00010'7
5. All of the foregoing result in significant cost to our City in terms of personnel and
equipment.
False alarms are categorized in the following manner:
1. Employee error or negligence.
2. Malfunctioning equipment.
3. Unknown cause. This means that the investigating police officers could not
determine with absolute certainty, as to why the alarm was activated.
4. Other. False alarms which were caused by construction, .storms, etc. This,is
considered the only type of false alarm over which the alarm ulser or installer has no
control.
An analysis of the 1,825 alarm calls which have occurred during the past three years reveals
the breakdown of the following causes:
Cause Percentage
Employee error or negligence 40%
Malfunctioning equipment 45%
Unknown/Other 15%
There are two additional problems associated with alarm calls. The first is the reliability of
the emergency contact information on file with the alarm companies and/or the Police • _
Department. Quite frequently this information is out-of-date. The second major problem
is the unwillingness of some alarm users to respond to the scene of art alarm in order to:
1. Allow police personnel entry into the location to ensure the premises is, in fact,
secure; and
2. In the event of audible alarms,deactivate the alarm so as not to continue to disturb
neighboring residences.
PROPOSED ORDINANCE: While the City has no legal requirements to respond to
these private alarms, historically we have provided this service.
However, the City presently has no ordinance concerning false alarm activations and the
related issues. There is a clear need to maximize the effectiveness of police personnel
responding to alarm calls and to attempt to reduce the number of false alarm activations
within the City. The need also exists to recover reasonable costs related to the investigation
of false alarm activations and administration of an alarm program. For these reasons, the
proposed ordinance has been developed. Included in the ordinance are the following:
•
Page 2
000108
1. The ability to prescribe standards for alarm system operation. •
2. The requirement for the alarm user or his/her representative,to respond to the scene
of an alarm activation.
3. Provide for the assigning of strict responsibilities relating to the installation and
maintenance of alarm systems. The level of cooperation within the City that is
expected of alarm users and installers is clearly defined.
4. Creates a fee structure for false alarms from a single location in excess of three
alarms in any twelve month period,with fee amounts to be determined by resolution.
It is recommended that the assessments be as follows:
a. Upon the 4th false alarm within 12 months $25.00
b. Upon the 5th false alarm within 12 months $50.00
c. Upon the 6th false alarm within 12 months $100.00
5. Provides for an alarm permit to ensure that current emergency responder information
is available to the Police Department and to provide for reasonable costs in the
administration of the alarm program.
6. Provides for an appeal procedure to the City Council for permit revocations and the
assessment of civil penalties.
In conclusion, the anticipated result of the recommended action VKill be better maintenance
of the alarm systems and more careful handling of the systems by installers and users. It is
anticipated that this will lead to fewer false alarm responses by both the Police Department
and the Fire Department. Additionally,the ordinance provides the means of recovering the
high costs associated with response to public safety alarm activations. It should be noted that
the proposed ordinance is modeled after the ordinance currently being successfully used in
San Luis Obispo and Arroyo Grande.
FISCAL IMPACT: Beyond using existing staffing for the administration of this program,
no significant negative fiscal impact is anticipated. There is indeed a potential for recovery
of actual ongoing costs.
RHM:jph
Attachments:
Page 3
000109
• ORDINANCE NO. 260
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO ADDING
TO TITLE 3, CHAPTER 5 OF THE MUNICIPAL
CODE;ARTICLE 10 REGARDING ALARMS
WHEREAS, the Police Department and Fire Department'routinely respond to
activated alarms for emergency aid; and
WHEREAS, a large majority of responses to activated alarms for service are
determined to be "false alarms'; and
WHEREAS,the City Council desires to provide guidelines and procedures for the
installation,maintenance and use of security alarms in order to deter emergency response to
"false alarms";
NOW,THEREFORE,the City Council of the City of Atascadero does ordain as
follows:
Section 1: Title 3, Chapter 5 of the Atascadero Municipal'Code is amended by
adding Article 10 as follows:
SECURITY ALARMS
3-5.1001 Purpose
The purpose of this Article is to reduce false alarms, and''to regulate burglary,
robbery,fire and fire protection and medical attention alarm systems, and alarm
businesses, agents and users.
3-5.1002 Definitions
For the purposes of this Article,words and phrases used in this Article are defined
as follows: -
A. "Alarm agent" shall mean a person employed by an alarm business,
either directly or indirectly,whose duties include selling,leasing,altering,installing,
maintaining,moving,repairing,replacing,servicing,responding to,or monitoring
an alarm system,or a person who manages or supervises a person employed by an
alarm business to perform any of the duties described herein.
000110
Ordinance No. 260
Page 2
B. "Alarm business" shall mean any business held by an individual,
partnership, corporation, or other entity for the purpose of selling, leasing,
altering,installing,maintaining,moving,repairing,replacing,servicing,responding
to, or monitoring any alarm system in a building, structure, or facility.
C. "Alarm system" shall mean any mechanical or electronic device or
series of devices which transmits a signal or message,either directly or indirectly,
to the Emergency Dispatch Center; or which emits an audible or visual signal at
the alarm location, and which is designed to:
(1)Detect unauthorized entry into any building, structure, or facility; or
(2) Signal the occurrence of an unlawful act upon the premises; or
(3)Detect a fire, or detect activation, equipment problems, or the
malfunction of a fire protection system; or
(4)Detect a hazardous material leak or system malfunction; or
(5) Signal the need for medical attention.
For purposes of this Article,devices operated by the City of Atascadero or
devices which are not designed or used to register alarms that are audible,visible
or perceptible outside of the protected premises are not included within the
meaning of Alarm System.
D. "Alarm user"shall mean the person, firm, partnership, association,
corporation, or organization of any kind that owns, leases, rents, uses, or makes
available for use by its agents, employees, representatives, or family, any alarm
system.
E. "Chief of Police" shall mean the Chief of Police of the City of
Atascadero, or his/her designated representative.
F. "City" shall mean the City of Atascadero.
G. "Day" shall mean calendar day.
H. "Department Head"shall mean the Chief of Police,the Fire Chief,-or -
their designated representatives.
I. "Direct Dial System" shall mean an alarm system which is connected
to a telephone line and, upon activation of an alarm system, automatically
transmits a message or signal to the Emergency Dispatch Center,indicating a need
for emergency response.
4
000111
Ordinance No. 260
Page 3
J. "Emergency Dispatch Center" shall mean the communications and
dispatch center located at the Police Department facility.
K. "False alarm" shall mean an activation of an alarm system through
mechanical failure, malfunction, improper installation ',or maintenance, or
negligence of the alarm user when an emergency situation does not exist. A
determination as to whether an alarm signal was a false alarm or an actual alarm
shall be made by the appropriate Department Head. "False alarms" shall not
include those alarms activated by extraordinary meteorological,atmospherical,or
other conditions or means, as determined by the Department Head.
L. "Finance Department"shall mean the Finance Department of the City
of Atascadero.
M. "Fire Chief'shall mean the chief of the Fire Department of the City of
Atasca:dero, or his/her designated representative.
N. "Notice"shall mean written notice,given by personal service upon the
addressee, or, given by United States mail, postage prepaid, addressed to the
person to be notified at his last known address. Service of such notice shall be
effective upon the completion of personal services,or upon the placing of the same
in the custody of the Unites States Postal Service.
O. "Private Alarm Dispatch Center"shall mean a center maintained by an
alarm business which receives emergency signals from alarm systems,and thereafter
immediately relays the message by live voice to the Emergency Dispatch Center.
P. "Responsible Department"shall mean-the City department having the
responsibility of providing emergency services upon receipt of an alarm signal at
the Emergency Dispatch Center. For incidents relating to fires or water flow in
fire sprinkler systems, or other extinguishing agents in fire protection systems, as
well as medical attention,the Fire Department is the responsible department. For
incidents related to burglary, robbery, unauthorized entry, etc., the responsible
department is the Police Department.
3-5.1003 Alarm System Standards
A. In General -
(1) The Council, upon recommendation of the Chief of Police or
Fire Chief,may prescribe minimum standards and regulations for the construction
and maintenance of all alarm systems installed in the City.', All equipment shall
meet or exceed these standards and regulations.
000112
Ordinance No. 260
Page 4
(2) No alarm shall be installed unless the alarm user has either a
service agreement with a City licensed alarm business qualified under this Article;
or has available a designated person who will respond to the site of an activated
alarm with the ability to deactivate the alarm.
B. Audible Alarm Systems
No audible alarm system shall be installed or used unless it shall have an
automatic reset capability, which shall silence the alarm within 15 minutes of
activation.
C. Silent Alarm Systems
(1)No direct dial system shall be allowed within the City.
(2)All silent alarm systems shall be connected to a private alarm dispatch
center.
3-5.1004 Alarm Business Standards
A. Alarm businesses operating with the City shall comply with all state
licensing requirements and operate in accordance with the standards set forth in
the State Alarm Company Act as to conduct of business and qualification of
employees, including alarm agents.
B. No person or company which installs, or otherwise provides an alarm
system, shall install such device or system without the ability to provide 24-hour
service for that system. "Service"for the purposes of this section shall include the
ability to promptly repair a malfunctioning alarm system, and, in any event, a
service response to the alarm location shall be accomplished within 30 minutes of
a request for service. "Service"shall also include the ability to provide periodic
maintenance necessary to assure normal functioning of the system. This section
shall not apply to persons or businesses who merely sell from fixed locations, or
who manufacture alarm systems,unless such persons or firms also install,monitor,
or service such systems.
C. Any alarm business operating a_ private alarm dispatch center shall,
within 1 minute of receiving notice that an alarm has been activated, notify the
Emergency Dispatch Center of the activation. Notification shall normally be
made via a designated one-way telephone line which is dedicated solely to the
reporting of such notification.
000113
Ordinance No. 260
Page 5
D. Each alarm business that monitors fire alarm systems, must comply
with all sections of National Fire Protection Association bulletin#71-1988 and as
amended.
E. It shall be the duty of the alarm business to cooperate fully at all times
with the City and its employees. Every alarm business shall,upon request during
normal hours of business, make any and all records ''and information in its
possession relating to alarm systems operating within the City, available to
personnel authorized by the Chief of Police or the Fire Chief. Each alarm business
must possess a valid Atascadero City Business License.
3-5.1005 Alarm Use Standards
A. Alarm Permit
(1) All existing and prospective users of alarm systems shall obtain
an alarm user permit approved by the responsible Department Head within sixty
(60) days following the effective date of the ordinance codified in this Article, or
prior to the installation and use of an alarm system,as the mase may be. A separate
permit shall be required for each separate alarmed building or facility, and for
each separate alarm system. Each application shall include the telephone number,
and signature of the individual accepting responsibility for the proper functioning
and maintenance of the alarm system covered by the permit. A copy of the permit
shall be posted upon the premises where the alarm system is installed. Each permit
will bear the signatures of the issuing official and the Department Head of the
responsible department.
B. Alarm User/Representative Response
The alarm user shall, at all times, insure that the Emergency Dispatch
Center is in possession of a minimum of three(3)names,telephone numbers,and
home addresses of persons with 24-hour access to the alarm location and the alarm
system,who are authorized to and will respond to the location where an alarm has
been activated. The response shall be within a reasonable time and,in any event,
within 30 minutes of being requested to do so. At any time that one of these persons
no longer possesses such access to the alarm location , the alarm user shall
immediately notify the Emergency Dispatch Center and, in any- event; this
notification shall be made within 48 hours of the time at which the person no longer -
possesses access to the location.
000114
Ordinance No. 260
Page 6
C. False Alarms
(1) It shall be the duty of the alarm user to properly use the alarm
system and maintain it mechanically and technically to insure safe and responsible
operation and minimize the number of false alarms. If the Chief of Police or Fire
Chief determines that the system lacks in quality, components, servicing, or is
improperly used by the alarm user,he/she may require that modifications be made
to the system to make it comply with this Article.
(2) False alarms shall be considered excessive when they exceed
three (3) activations in any twelve (12) month period.
(3) As provided by resolution of the City Council,a fee shall be paid
to the City by each alarm user for excessive false alarms. The Police Chief or Fire
Chief shall notify the Finance Department regarding unpaid fees accrued during
any monthly billing period and any prior periods. Such bill shall be due and payable
within thirty(30) days after the billing date.
(4) A penalty of fifteen percent(15%) shall be added to the fees
required by this Section in connection with any fees not paid in the time and
manner set forth above.
(5) The amount of any fee and late penalty assessed pursuant to this
Article shall be deemed a debt to the City, and an action may be commenced in
the name of the City in any court of competent jurisdiction in the amount of the -
delinquent debt. Payment of any user fees and late charges shall not prohibit
criminal prosecution for the violation of any provisions of this Article.
3-5.1006 Enforcement and Appeals
A. Revocation of Permit
In addition to other remedies provided, the Department Head of the
responsible department may revoke an alarm user's permit for a violation of this
Article.
B. Civil Penalties _For violations of this Article, the Department Head of the responsible
department may assess a civil penalty of up to$500.00 for each violation.
C. Criminal Penalties
A violation of this Article is punishable as a misdemeanor.
000115
Ordinance No. 260
Page 7
D. Appeals
The decision of a Department Head to revoke an alarm user's permit; or
to assess a civil penalty may be appealed to the City Council; All appeals must be
filed within thirty(30)days of receipt of notice of the Department Head's action.
Section 2. Publication. The City Clerk shall cause',this ordinance to be
published once within fifteen(15)days after its passage in the Atascadeto News,a newspaper
of general circulation, printed, published and circulated in this City in accordance with
Government Code Section 36933;shall certify the adoption of this ordinance;and shall cause
this ordinance and certification to be entered in the Book of Ordinances of this City.
Section 3. Effective Date. This ordinance shall go into effect and be
in full force and effect at 12:01 a.m. on the thirty-first(31st)day after its passage.
On motion by Council member and seconded by Council
member the foregoing Ordinance is hereby adopted in its
entirety by the following roll call vote:
AYES:
• NOES:
ABSENT:
ADOPTED:
ATTEST:
LEE RABOIN, City Clerk ROBERT P.: NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON -
City Attorney -
APPROVED AS TO CONTENT:
RICHARD H. WHALE
• Chief of Police
00011G
RESOLUTION NO. 91-92
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING FEES FOR
EMERGENCY SERVICES IN RESPONSE TO FALSE ALARMS
WHEREAS, the City Council desires to amend the Atascadero
Municipal Code by the adoption of Ordinance No. 260 relating to
emergency response to activated alarms; and
WHEREAS, false alarms shall be considered excessive when they
exceed three (3) activations in any twelve (12) month period; and
WHEREAS, it is appropriate to establish fees to cover the cost
of providing emergency response to false alarms; and
WHEREAS, a fee structure for costs associated with emergency
response to various alarms does not at this time exist.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City
of Atascadero as follows:
SECTION 1. The following fee schedule is hereby adopted:
Upon the 4th false alarm within 12 months $ 25.00
Upon the 5th false alarm within 12 months, 50.00
Upon the 6th false alarm within 12 months 100.00
SECTION 2. A penalty of fifteen percent (15%) shall be
added to the fees required by this Section in connection with any
fees not paid within thirty (30) days after the billing date. `
SECTION 3. These fees shall go into effect immediately
upon the effective date of Ordinance No. 260.
On motion by Councilperson and seconded by
Councilperson , the foregoing Resolution is hereby
adopted in its entirety on the following .roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk By:ROBERT P. NIMMO, Mayor
00011'7
Resolution No. 91-92
• Page 2
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
APPROVED AS TO CONTENT:
RICHARD H. McHALE, Chief of Police
000118
REPORT TO CITY COUNCIL Agenda Ite : C-b(A&B)
CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Date: 9/22/92
From: Mark Joseph, Administrative Services Director
SUBJECT: Adopting Revisions to the Business License Ordinance,,
and increasing certain associated fees.
RECOIMNDATIONS
1. By motion, waive the reading in full of Ordinance No
258 and read by title only.
2. Introduce Ordinance No. 258, rewriting the Business
License Ordinance, on first reading.
3. Adopt Resolution 89-92 revising certain business
license fees and administrative charges.
BACKGROUND
This is the formal action approved in concept by Council at
its September 8 meeting. The Business License Ordinance (Title
3, Chapter 5 of the Atascadero Municipal Code) has been
completely reorganized and rewritten to eliminate xedundant
portions and make it easier to use and enforce. The only _
substantial changes were designed to increase theCity's ability
to collect the license fees legally owed.
The attached resolution sets forth all busine s license fees
and administrative charges. As can be seen, very ew of the
basic fees were increased; most of the revisions w re in the area
of new or increased administrative charges, in ord r to recover
staff costs to review and process the application.
An advance copy of this report was forwarded to the Chamber
of Commerce for its review and comment.
ANALYSIS
A number of fees or charges have been recommended for - -
change. These are; justified below. -
1. Annual Rate for Out-of-Town Contractors The c rrent rate is
the same as for local contractors. The increase is-intended to
offer a slight advantage to local contractors (in addition, the
one-job only rate remains $50.00, for those contractors who
infrequently work in Atascadero) This is also the same rate
charged in Paso Robles.
000119
2. Increased fee for Arcade Machines - The current $1.00 rate per
machine is clearly too low. A survey of Cities in San Luis
Obispo County reveals rates from $4 - $20 per machine, with some
cities charging a rate based on gross receipts from each machine
(which would be much higher). Ten dollars is in line with
several other Atascadero permit rates (such as the per-employee
rate for the basic commercial business license) .
3. Increased Card Room Rate - Of those Cities in San Luis Obispo
County that allow card rooms, all but Paso Robles charge $300 per
table (Paso charges $120) Pismo Beach, which no longer allows
card rooms, used to charge $300. Up until the mid-eighties,
Atascadero also charged $300 per table. Inadvertently, the per
table rate was dropped. Thus, the new fee, although high, is
clearly in line with other cities and actualy reinstates the
original fee.
4. Raising the Cap from $500 to $1,000 - A ceiling of $500.00 per
business year has been in effect for many years. There are less
than 10 firms that have reached this ceiling (or less than one
percent of all businesses) . Raising the cap makes the tax more
progressive, and would have no effect on most businesses.
5. Revised Administrative Charges - A one-time, non-refundable
application fee of $25.00 is proposed to offset the cost of
processing the basic commerical business application, which
includes a zoning review. The application fee would remain the
same ($15.00) for home occupations and no charge would continue
for contractors.
Police reviews for specified businesses would be increased,
reflecting the extra effort involved for those businesses.
License transfers and duplicate licenses would be reduced, first,
because our automated system has actually cut down on the
processing costs involved and second, it is in the City's best
interest to encourage merchants to keep us informed as to their
current address, name, etc. -- a low price does precisely that.
The late payment penalty is strengthened to include a 100%
penalty if no payment is received after 90 days late. This is to
improve our collection rate for the small percentage of tardy
payees.
The last charge is for failure to obtain a license. This
would be used when businesses have deliberately avoided getting a - -
license. Staff does not intend to enforce the extra charge in
those instances where a small business person was not aware of
the licensing requirement, and/or the delay involved is
relatively minor.
000120
FISCAL IMPACT
The new fees and char es if adopted, would o into effect
October 1, 1992. Staff projects the new charges will generate
approximately $5-7,000 per year, which will help recover staff
costs currently expended.
a:ordinance
#29
i
000121
ORDINANCE NO. 258
AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING .
TITLE 3, CHAPTER 5 OF THE ATASCADERO MUNICIPAL CODE
AS IT RELATES TO BUSINESS LICENSES.
Section 1. Title 3, Chapter 5 of the Atascadero Municipal Code
is deleted in its entirety and shall be amended to read as
contained in the Attached Exhibit A, which is hereby made a part
of this ordinance by reference.
Section 2. 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 Ordinance of this City.
Section 3. 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 Councilperson , seconded by Council-
person , the foregoing ordinance is hereby adopted
in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
ROBERT P. NIMMO, Mayor
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney ,
000122
CHAPTER 5. BUSINESS LICENSES
Article 1. General Provisions
Sec. 3-5.101. Purpose
The purpose of this title is to assure that every person who
engages in, conducts, manages or carries on any business,
exhibition, occupation, or other activity for which a license is
required by this title must first procure a license to do so and
pay the fees, if any, for such license.
The provisions of this title shall be the minimum
requirements for the protection of the public convenience,
safety, and health and general welfare.
Sec. 3-5.102. Issuing Agencies
All new business licenses shall be processed and issued,
unless otherwise indicated in this title, by the Finance
Department of the City of Atascadero, and all references in this
title to the City licensing authority or issuing agency shall be
to it. Annual business license renewals shall be processed by
the Finance Department.
Sec. 3-5.103. Deputies
Whenever, by the provisions of this title, a power is
granted to a public officer or a duty imposed upon' such officer,
the power may be exercised or duty performed by a deputy of the
officer or by a person authorized pursuant to law by the officer,
unless it is expressly otherwise provided.
Sec. 3-5.104. Access to information for licensingor permit
purposes.
Pursuant to Section 11105 of the Penal Code of the State,
the following officers of the City are authorized to have access
to and to utilize State Summary Criminal History Information when
it is needed to assist them in fulfilling licensing duties- as set =
forth in this Chapter.
(a) City Council Members;
(b) City Manager;
(c) City Attorney;
(d) Chief of Police.
000123
Sec. 3-5.105 Zoning clearance
The issuing agency shall not issue any license to carryon
any business at a specific location in this City where such
business is inconsistent with the Zoning Ordinance of this City.
The Community Development Department shall review all
applications to verify compliance with this title as well as the
provisions of Title 9 of this code.
Sec. 3-5.106 Separate Activities
A separate license shall be required for each classification
of business as defined by Resolution of this City, when engaged
in, conducted, managed, or carried on by a person at the same
time that another classification of business is so engaged in or
carried on by that person at the same location.
Sec. 3-5.107 Activity confined to location specified.
When a license specifies the location of the activity
licensed, the licensee may conduct such activity only at the
location specified in the license.
Sec. 3-5.108. Fictitious names.
A license may be issued pursuant to this title to a
corporation duly authorized to transact business in this state,
or to a person operating under a fictitious name who has complied
with all of the provisions of Section 17900 et seq. of the
Business and Professions Code. Otherwise, all such licenses
shall be issued in the true name of the individual or individuals
applying therefor.
Except as provided above, no business so licensed may
operate under any false or fictitious name.
A license issued to a corporation shall designate such
corporation by the exact name which appears in the Articles of
Incorporation of such corporation.
Sec. 3-5.109. False statements.
Every person who makes any false statement in the
application for a permit or license under this title, or in any,
report required by this title, shall be guilty of a misdemeanor,
in addition to which the business license shall be immediately
suspended.
Every person making out any report or record required by the
terms of this title or any copy thereof shall sign his/her true
name and give the true name and correct address of the licensee.
•
000124
Sect. 3-5.110. Violation: Penalty.
Any Person violating any of the provisions of '.this title or
of any regulation imposed pursuant thereto shall be guilty of a
misdemeanor punishable by such fine or imprisonment imposed by
the California Penal Code and the Atascadero Municipal Code.
Each person is guilty of a separate offense for every day during
any portion of which a violation of any of the provisions of this
title or of any regulation is committed, continued ':or permitted
by such person, and it shall be punishable therefor as provided
by this title.
000125
Article 2. Definitions
Sec. 3.5.201. Definitions generally.
As used in this title the words and terms in this chapter
shall have the meanings ascribed to them, unless from the context
a different meaning is clearly apparent.
Sec. 3-5.202. Activity
"Activity" includes a business, exhibition, or occupation
and also every other activity for which this title requires a
license, whether such activity is a business or occupation or
neither.
Sec. 3-5.203. Business
"Business" means and includes professions, trades,
vocations, enterprises, establishments, and occupations, and. all
and every kind of calling, and any of which is conducted to carry
out for the purpose of earning a whole, or in part, a profit or
livelihood, whether or not a profit or livelihood is actually
earned thereby, whether paid in money, goods, labor, or
otherwise, and whether or not the business has a fixed place of
business in the City.
Sec. 3-5.204. Business License Administrator.
"Business License Administrator" means the Finance Director
of the City of Atascadero.
Sec. 3-5.205. Canvasser or solicitor.
"Canvasser" or "solicitor" means any person, whether a
resident of the City or not, traveling either by foot, wagon,
automobile, motor truck, or any other type of conveyance from
place to place, from house to house, or from street to street,
taking or attempting to take orders for the sale of goods, wares,
and merchandise, personal property of any nature whatsoever for
future delivery, or for services to be furnished or performed in
the future, whether or not such individual has, carries, or
exposes for sale a sample of such sale or whether he is
collecting advance payments on such sales or not; provided that-
the definition includes any person who for himself or for another
person, firm or corporation hires, leases, uses or occupies any
building, structure, tent, railroad boxcar, boat, hotel room,
lodging house, apartment, shop, or any other place with the City
for the sole purpose of exhibiting samples and taking orders for
future delivery. A canvasser or solicitor, as defined by this
section, shall also include any individual traveling, as
aforesaid, from place to place, or from house to house for the
purpose of rendering services or selling goods at private
residences. A canvasser or solicitor includes any individual who
0001219
initiates contact in an manner to attend for the'
ur ose of
Y . P P
presenting his merchandise, product, or services in the home.
Sec. 3-5.206. City.
"City" for the purposes of this title shall moan the City of
Atascadero.
Sec. 3-5.207. Council.
"Council" means the City Council of the City of Atascadero.
Sec. 3-5.208. Distributor.
"Distributor" means a wholesaler or jobber ofgoods, wares,
merchandise, or food products.
Sec. 3-5.209. Fixed place of business.
"Fixed place of business" means a place of business separate
and distinct from any other business regularly kept open by the
owner thereof or by his agents or employees at a faxed location.
Sec. 3-5.210. Health Officer.
"Health Officer" means the health officer of the County or
his duly authorized representative.
Sec. 3-5.211. Itinerant merchants, and itinerant vendors.
"Itinerant merchants" and "itinerant vendors"' means any
person whether as owner, agent, consignee, or employee, whether a
resident of the City or not, who engages in a business of selling
and delivering goods, wares, and merchandise within the City; who
in furtherance of such purposes, hires, leases, uses or occupies
any building, structure, motor vehicle, tent, railioad boxcar, or
boat, public room in motels, lodginghouses, apartments, shops, or
any street, alley, or other place within the City 'for the
exhibition and sale of such goods, wares, and merchandise.
Sec. 3-5.212. Location owner.
"Location owner" means every person not engaged in the
business of selling, renting, or placing on consignment, ojr on --
commission basis, mechanical amusement devices, but who owns,
uses, and operates not more than two such mechanical amusement
devices. For license fees, see appropriate section.
000127
Sec. 3-5.213. Mechanical or electronic amusement device.
"Mechanical or electronic amusement device" means any table,
board, machine, device or apparatus fitted for use by the public,
the operation of which is permitted, controlled, allowed or mad
possible by the deposit or insertion of any coin, plate, disc,
slug, or key into any slot, crevice, or opening or by the payment
of any fee or fees, and which operates or which may be operated
for use as a game, contest, or amusement, but which table, board,
machine, device, or apparatus does not contain a pay-off device,
and which does not return or vent any article or merchandise 'or
any money, coin, check or token. "Mechanical or electronic
amusement device" shall not include phonographs or music
machines.
Sec. 3-5.214. Mobile vending unit.
"Mobile vending unit" means any vehicle which operates from
site to site with primary emphasis on transit while dispensing a
product or rendering a service on stop-on-demand basis only and
whose use is incidental to the land use and underlying zone. The
vending unit shall be dispatched from a site which is in
conformance with the City' s Zoning Ordinance.
Sec. 3-5.215. Operator.
"Operator" means any person engaged in the business of
selling, renting, or placing on consignment, or on commission
basis, mechanical or electronic amusement devices in various
locations within the City, and every person who owns, uses, and
operates more than two mechanical or electronic amusement
devices.
Sec. 3-5.216. Person or party.
"Person" or "party" means and includes persons as defined in
Title 9 of this Code.
Sec. 3-5.217. Private Patrol Service.
"Private patrol service" means and includes any person,
firm, association or corporation who agrees to furnish or
furnishes, a watchman, guard, patrolman, responder, alarm
personnel, investigator, security person, in uniform or otherwise
to protect persons or property.
Sec. 3-5.218. Public arcade room.
"Public arcade room" means and includes arcades as defined
in title 9 of this Code.
000128
Sec. 3-5.219. Vending machine.
"Vending machine" means a mechanical or electronic apparatus
so operated as to sell or deliver merchandise only ',the equivalent
in marketing value to the face value of the coin or coins
deposited.
Sec. 3-5.220. Zoning Ordinance.
"Zoning Ordinance" means Title 9 of this code.
Sec. 3-5.221. Additional definitions.
Further references to words or phrases or definitions as
used in this title shall be made to Title 9 of this Code.
000129
Article 3. Standard Licensing Procedures
Sec. 3-5.301. Form of application.
Every application for a license required by this title shall
be signed by the applicant and shall contain at least the
following:
(a) The name and mailing address of the applicant. If the
applicant is a corporation, the name shall be exactly as set
forth in its articles of incorporation. If the applicant is a
partnership, the name and address of each general partner shall
be stated. If one or more of the partners is a corporation, the
provisions of this section as to a corporate applicant shall
apply. The names of all other persons having an interest in the
enterprises;
(b) If the applicant is a corporation, the name and mailing
address of an officer who is duly authorized to accept the
service of legal process;
(c) The applicant's social security number if an individual
or partnership, or the corporate number of the applicant if a
corporation;
(d) The driver' s license number if the applicant(s) is an
individual;
(e) The telephone number of the applicant;
(f) The name under which the applicant will be doing
business;
(g) The nature of the business;
(h) The exact location of the business or the route or
territory to be covered if no fixed place of business exists;
(i) The residence of the applicant, or if a corporation,
the principal place of business;
(j ) The name and address of the owner of the premises;
(k) The name and address of the lessee of the premises;
(1) The term for which such license is applied; and
(m) Licensed contractor number (if appropriate) .
•
000130
Sec. 3-5.302. Exemptions.
No license shall be required hereunder by the following:
(a) Any juvenile operating a delivery route for newspapers
or any juvenile under the age of eighteen (18) years who has a
valid work permit issued by authorized school authoprities;
(b) Persons engaged in a business for the sole use and
benefit of charities, religious or educational societies which
are exempt from taxation under the constitution and laws of the
State; or
(c) Such activities as are preempted under State statutes.
Section 3-5.303. Exemption from payment of license fees.
No license fee shall be payable hereunder by the following:
(a) Persons categorically exempt from license' charges under
Section 16000 et seq. of the Business and Professions Code of the
State of California;
(b) All public utilities as defined by Section 216 of the
Public Utilities Code of the State of California possessing an
active (unexpired) franchise with the City of Atascadero;
(c) Passenger stage corporations as defined in Section 226
of the Public Utilities Code of the State of California; or
(d) Such other and further activities as shall be
specifically exempted by resolution of the City Council of the
City of Atascadero. "
Sec. 3-5.304. Issuance period.
Unless otherwise specifically provided, all license periods
are as follows:
(a) The period of all semiannual licenses shall begin on
the first days of January and July. No license shall be granted
or issued for a period longer than one (1) year from the date of
issuance. Other fractional periods will be considered on an
individual basis at the convenience of the City. Any annual
license shall date from the beginning of the semi-annual period
in which the same was issued.
(b) Exceptions to this general rule are as follows:
(1) Health-related businesses for which a health
permit is required shall be issued on a calendar year basis.
• (2) Licenses for solicitors and canvassers will expire
on the thirty-first day of December in the year when issued.
000131
Sec. 3-5.305 Posting or display.
Every person, firm, association, or corporation having a i
license under the provisions of this title and carrying on a
business, exhibition, occupation or activity at a fixed place of
business shall keep such license posted and exhibited, while in
force, in some conspicuous part of the place of business. Every
person having such a license and not having a fixed place of
business shall carry the license on him/her at all times while
carrying on the business, exhibition, occupation, or activity for
which the same was granted. Whenever a license sticker is
required, such sticker shall be affixed to the vehicle, device,
machine, etc. , so as to be clearly visible.
Sec. 3-5.306. Producing on demand.
Every person, firm, association, or corporation having a
license under the provisions of this title shall produce and
exhibit the same whenever requested to do so by any peace officer
or officer authorized to issue and inspect licenses or collect
the fees therefor. In addition, all solicitors and canvassers
including their agents or employees are required to exhibit their
licenses or permits, as the case may be, at the request of any
person.
Sec. 3-5.307. Keeping insurance, undertaking, etc. in force and
effect.
Whenever this title requires the applicant for any license
to procure, post, or maintain in effect any bond, undertaking,
deposit, surety, or policy of insurance, any license so issued is • -
valid only when such bond, undertaking, deposit, surety, or
policy of insurance is in full force and effect. Such- license
shall be automatically suspended without notice if at any time
such bond, undertaking, deposit, surety, or policy of insurance
is not in full force and effect. If a new bond, undertaking,
deposit, surety, or policy of insurance acceptable to the
Business License Administrator is filed before cancellation or
expiration of the old policy, etc. , becomes effective, then the
license will continue in force.
Sec. 3-5.308. Approval by Agency.
(a) Approval of the business license shall be made within-
fifteen
ithin fifteen (15) business days of the date of submission to the
issuing agency except for those categories of business as set out
in Article 4 of this title. If specific approval is not granted,
approval by said agency is deemed implied, and the applicant may
obtain issuance for said license from the Business License
Administrator.
000132
(b) An extension of time within which to approve the
application, not to exceed thirty (30) calendar day's, may be
granted by the City Manager.
Seca 3-5.309. Duplicate licenses.
A duplicate license may be issued by the issuing agency to
replace any license previously issued under this title which has
been lost or destroyed, upon the licensee paying the sum
requested for the cost thereof.
Sec. 3-5.310. Transfer of License.
(a) The licensee, upon payment of a fee, may '',transfer
his/her license to do business to another site upon application
to the issuing agency if the conditions of the license are in
conformance with all provisions of the Atascadero municipal Code.
(b) No license issued pursuant to this title 'may be
transferred from one person to another person.
(c) If a license is issued to a partnership and the
partnership is changed by the addition or deletion 'of partners,
the license may be transferred to the new partnership if the new
partnership makes application for such transfer in ''the same
manner as for the new license and pays to the issuing agency the
required transfer fee. Any partner being deleted must
acknowledge the deletion in writing, unless the deletion is due
to the death of a partner. _
Sec. 3-5.311. Renewal of license.
Except as otherwise provided in this chapter, every licensee
who has obtained a license pursuant to the provisions of this
title may obtain from the issuing agency a renewal of such
license. The Council, Business License Administrator, Health
Department, Police Department, or Community Development
Department, may file a written notice of denial of 'renewal of
such license. If a Health Department or other special permit is
required for the enterprise, it is the business owner' s
responsibility to renew said permit(s) prior to or '' at the time of
license renewal. Renewal of a license for a solicitor shall not
be issued until the Police Department approves said renewal.
Sec. 3-5.312. Grounds for denial of license. =-
A license may be denied if the applicant has knowingly made
a false statement of a material matter either in his application
or in his testimony before the City Council or othor body hearing
such testimony concerning the application for or donial of a
license. In addition, a license shall be denied if it does not
meet the minimum requirements set forth in Title 9 ' of this Code.
000133
Sec. 3-5.313. Denial of license or granting subject to
restrictions. .
Before the denial of any license, either new or renewal, or
granting any license subject to restrictions or conditions,
unless a hearing already has been held, the applicant shall be
notified in writing of the intent to deny the license or to grant
the license subject to restrictions or conditions, which
restrictions or conditions shall be specified in the notice, and
the applicant may request a hearing before the City Council
within fifteen (15) days after receipt of such notice.
Sec. 3-5.314. Appeal.
Any person aggrieved by the action of the Business License
Administrator in the denial of a permit or license, either new or.
renewal, shall have the right of appeal to the City Council.
Such appeal shall be taken by filing with the Clerk of the City,
within fifteen ( 15) days after notice of denial of a permit or
license, a written statement setting forth fully the grounds for
the appeal. The Clerk of the City shall set a time and place for
a hearing on such appeal and notice of such hearing shall be
given to the appellant in the same manner as provided in this
title for notice of hearing on revocation. The decision and
order of the City Council on such appeal shall be final and
conclusive. The hearing shall be held pursuant to Section 3-
5.310.
Sec. 3-5.315. Revocation of license
(a) All licenses issued under this title shall be issued to
and accepted by all parties receiving the same with the expressed
understanding that the City Council of the City of Atascade"ro may
revoke the same at any time if satisfied that any of the
restrictions of said license or the terms and conditions thereof
have been violated, or that such license was obtained by
intentional misrepresentations, or that the holder of such
license has used the license in the commission of a criminal act
or a violation of this title; provided, however, that no license
shall be revoked without first having given the licensee an
opportunity to appear before and be heard by the City Council on
his own behalf. Pending such hearing and decision, the Council
or the Business License Administrator may suspend such license
for not more than sixty (60) days based upon written complaint- _
submitted to the Business License Administrator by the Council or - _
any member thereof.
(b) Written notice of such hearing shall be given by the
Council to such party at least fifteen (15) days prior to the
date of such hearing. The time and place of such hearing shall
be fixed by Council order and specified in such citation.
(c) The Council shall hold a hearing as provided as
follows:
000134
( 1) The City Council shall hear sworn testimony and
shall consider other evidence concerning the conditions
constituting cause to revoke the business license. )
(2) Respondents to revocation actions may be present
at such hearing, may be represented by Counsel, may present
testimony, and may cross-examine witnesses.
(3) The hearing need not be conducted according to
technical rules relating to evidence and witnesses '':and may be
continued from time to time.
(4) The City Council shall deliberate upon the
evidence and make finding upon such evidence to support any
action of the Council to revoke the business license or
conditioned approval on such conditions as the City Council shall .
decide. Thereafter, the City Council shall issue its order to
the Respondent.
(5) A copy of the order shall be served '..;personally, or
by mail, postage pre-paid, certified, return receipt requested,
to the licensee as set forth in the application for business
license.
(d) Upon the revocation of a license as provided in this
section, no part of the license fee paid therefor shall be
returned; but such license fee shall be forfeited to the City.
(e) Whenever a license is revoked, the licensee shall
return to the issuing agency any license, license stickers, or
similar evidence of a license which has been revoked.
(f) No other or further license shall be issued- to the
person(s) or party(ies) whose license has been so revoked within
six (6) months from the date of such revocation.
000135
Article 4. Special Licensing Procedures
3-5.401 Prior Police Department Review.
(a) The application for a business license shall be
forwarded to the Atascadero Police Department for review and
recommendations in certain instances prior to the issuance of the
business license. For those special types of businesses set
forth in this section, the time provisions specified in Section
3-5.308 shall commence when the application is returned from the
Police Department to the issuing agency.
(1) Carnival, circus, menagerie or any exhibit or
display for which payment of an admission fee or donation is
expected or required for entry or for viewing;
(2) Pawnbrokers, trading centers, bartering agents, or
any money lending not requiring a state or federal charter or
certificate;
(3) Mobile ice cream, soft drink or food vendors;
(4) Junk or salvage dealer, automobile or vehicle
dismantlers, reclamation centers, vehicle or personal property
repossessors or storage center operators, tow-truck or vehicle
wrecker owners or operators.
(5) Amusement centers, arcade or playland, billiard
room or pool hall;
(6) Fire, burglar, intrusion or other alarm service;
(7) Locksmiths;
(8) Photographers, modeling agencies;
(9) Massage parlor, massagers, masseur or masseuse;
(10) Hazardous waste transporters or disposal agents;
( 11) Sale of firearms.
( 12) Adult bookstores/movie theaters;
( 13) Headshop;
( 14) Fortunetelling;
( 15) Taxicabs.
(16) Private patrol services;
( 17) Card Rooms; or ,
000136
( 18) Canvassers/Solicitors.
Sec. 3-5.402. Prior Reviews by Outside Agencies
(a) Food Handlers - Every person, firm, association or
corporation engaged in the business of conducting any
establishment handling food or food products must have a permit
from the Health Department of the County of San Luis Obispo. The
license application must be approved by the Health ';Department
before the license may be processed and issued by the City of
Atascadero.
(b) Waste Disposal - Every person or firm, or corporation,
or entity engaged in the business of conducting ant type of waste,
disposal or collection shall have a permit for such activity from,
the Health Department prior to making application to the City of
Atascadero for a business license.
(c) Card Rooms - Every person or firm, or corporation, or
entity engaged in the card room business shall have a California
State gaming permit prior to making application to ',the City of
Atascadero for a business license.
(d) Firearm Sales - Every person or firm, orJ,corporation,
or entity in the business of selling firearms or related supplies
shall have a federal firearms permit for such activity prior to
making an application to the City of Atascadero for: a business
license.
Sec. 3-5.403 Card Rooms
An application for a license to operate a card game of card
table must be reviewed by the Atascadero Police Chief. The
application, together with the findings and recommendations of
the Police Chief shall then be presented to the Council for
review and approval. No such license as is referred to in this
section shall be issued except upon the order of the City
Council. The Council may limit the number of such'' licenses
issued which in its judgement shall be for the best interest of
the public peace, safety and welfare.
3-5.404 Transient Merchants - Solicitors and Canvassers
(a) Permit and license required. It is unlawful for any
transient merchant, itinerant merchant, itinerant vendor,
solicitor or canvasser as defined in this title toengage in such
business within the City without first obtaining a'', permit and
license therefor in compliance with the provisions', in this title.
It is unlawful for any agent or employee of a solicitor or
canvasser to engage in such business within the City without
first obtaining a badge therefor in compliance with the
provisions of this title.
00013'7
(b) Applications. Applicants for a license under this
chapter must file with the Business License Administrator an
application in writing on a form to be furnished by the Business
License Administrator, which application shall give at least the
following information:
(1) Name and description of the applicant;
(2) Permanent home address and full local address of the
applicant;
(3) A brief description of the nature of the business and
the goods to be sold;
(4) If employed, the name and address of the employer,
together with credentials establishing the exact relationship;
(5) The length of time for which the right to do business
is desired;
(6) The place where goods or property proposed to be sold,
or orders taken for the sale thereof, are manufactured or
produced, where such goods or products are located at the time
said application is filed, and the proposed method of delivery;
(7) Three photographs of the applicant, procured by the
applicant at his/her own expense and taken within sixty (60) days
immediately prior to the date of filing of the application, which
pictures shall show the head and shoulders of the applicant in a
clear and distinguishing manner;
(8) The fingerprints of the applicant and such other "
available evidence as to the good character and business
responsibility of the applicant as will enable an investigator to
properly evaluate such character and business responsibility;
(9) A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor, or a violation of any
ordinance of the City of Atascadero, the nature of the offense
and the punishment or penalty assessed therefor; and
( 10) The description and license number of any motor
vehicle(s) to be used by the applicant. _-
(c) Prima facie evidence of permanent residence or place of
business. For the purpose of this chapter, the maintenance by
any person, firm, organization, or corporation of a. home or fixed
place of business within the boundaries of the City for a period
in excess of ninety (90) days shall be prima facie evidence of a
permanent residence or fixed permanent place of business in the
City.
0
000138
. (d) Investigation. The City Police shall have the right to
conduct such investigations as may be necessary into the
applicant' s business and moral character and previous criminal
record, if necessary, and the applicant expressly waives the time
limit set forth in Section 3-5.308.
(e) Disapproval of application. (1) If, as a result of
the investigation, the applicant's character or business
responsibility is found to be unsatisfactory, the police shall
endorse on the application their disapproval and reasons for the
same, and return the application to the Business License
Administrator, who shall notify the applicant that '';his/her
application is disapproved.
(2) Any person whose application has been disapproved shall.
have the right to appeal to the City Council as provided in this
title.
(f) Application approval. If, as a result '.of such
investigation, the character and business responsibility of the
applicant are found to be satisfactory, the Police '' shall so
endorse the application for the carrying on of the ';business
applied for and return the application to the Business License
Administrator, who shall issue to the applicant his/her badge,
permit or license. The license shall contain the signature and
seal of the issuing officer and shall show the name, address, and
photograph of the applicant, the class of license or permit
issued and the kind of goods to be sold thereunderi the amount of
fee paid, the date of issuance and the length of time the same _
shall be operative, as well as the license number and other
identifying descriptions of any vehicle(s) used in such
soliciting or canvassing.
(g) Bond. Every applicant for a business license, not a
resident of the City, for a period of ninety (90) days or who
being a resident of the City, represents a firm, organization, or
corporation which does not maintain a principal place of business
located in the City may be required to file with the Business
License Administrator a surety bond, running to the City in the
amount of one thousand dollars ($1,000.00) with surety acceptable
to and approved by the City Attorney, conditioned that the
applicant, his agents and employees, shall comply fully with all
of the provisions of the ordinances of the City and the statutes
guaranteeing to any citizen of the City that all money paid as --
down by the solicitor, his agents and employees, and further ---
guaranteeing to any citizen of the City doing business with the
solicitor, his agents and employees. Action on the bond may be
brought in the name of the city to the use or benefit of the
aggrieved person.
000139
(h) Badges. The Business License Administrator shall issue
to each licensed solicitor and his agents or employees a badge
which shall contain the words "licensed solicitor", name, the
period for which the license is issued, and the number of the
license. The badge shall, during the time the licensee or his
agents or employees are engaged in canvassing or soliciting, be
worn constantly by the licensee or his agents or employees on the
front of their outer garment in such a way as to be conspicuous.
The issuance of any such badge, license or permit shall not
constitute any endorsement by the City Council or any of the
officers of the City as to the reputation or reliability of the
bearer thereof, or the goods, wares, publication or merchandise
for which he is soliciting.
(i) Expiration of License. All licenses, and badges
issued under provisions of this title shall expire on the thirty-
first (31st) day of December in the year when issued. A new
application shall be filed and application fee paid for each
calendar year during which one (1) or more solicitations are ,made
by any person or persons coming within the operation of this ,
title. The business license may be renewed subject to this title
and subject to all of the conditions required for the original
application. Upon the expiration of all licenses and badges
issued pursuant to the provisions of this title, the licensee
shall return such licenses and badges to the issuing agency.
3-5.405 Private patrol Services
(a) Permit required. It is unlawful for any person to
engage in the business of a private patrol service in the City
without first obtaining a permit to do so from the Police
Department and obtaining a business license-as provided in this
title and paying the necessary fees therefor.
(b) Application: Investigation. Application for a
business license to conduct or maintain a private patrol service
shall be submitted to the Police Department who shall make such
investigation as may be necessary concerning the character of the
applicant and any such employees to be employed by the applicant.
Following such investigation the Police Department shall grant or
deny the applicant permission to engage in such business. Such
permission shall be granted unless it appears from the
investigation that the applicant is not a person of good moral
character or is not of good character in respect to honesty or --
integrity or the Police Department determines that the granting
of the application would not be in the best interest of law
enforcement of the City.
The applicant shall submit such information as the Police
Department may request including name, address, organization of
the patrol service, its method of operation, territory and
location it proposes to service, names, addresses, personal
descriptions, photographs, and fingerprints of its owners,
officers and employees.
000140
(c) Identification. Any license granted by the issuing
agency as provided in this title shall be issued upon the
following terms and conditions:
( 1) Every employee engaged by the licensee, or officer of
the licensee, shall be required to provide information and submit
to an investigation in the same manner as the licensee.
(2) Every person engaged in the type of business described.
in this section shall at all times wear an identification card
approved by the Chief of Police on the front of the, outer garment
or uniform in such a way as to be conspicuous and plainly
visible. This requirement may be waived by written consent from
the Chief of Police, which written consent shall be carried by
the licensee at all times.
(3) The identification card described in this; section must
contain the name of the licensee, the name of the Molder thereof, '
and a physical description of the holder. A picture of the
holder and an expiration date of not more than one '',( 1) year from
the date of issuance must be clearly visible on the front of the
card. The word, "Police" may not appear on the card.
(4) If the holder of the identification card 'changes his
employment, or in the event the license information changes, or
the license itself expires or is terminated, both the holder and
the licensee shall provide the Chief of Police of Atascadero
within five (5) days from such event that such event has occurred
and shall forthwith surrender such identification cards to the
Chief of Police that have been issued.
(5) Uniforms used by the licensee and-his employees must
include a shirt, slate gray in color, and shall not include"
badges, shoulder patches or flashes which could be confused with
those issued by the City of Atascadero as worn by Atascadero
Police Department employees.
(6) No marked vehicles shall be used by the licensee in the
course of business unless approved by the Chief of 'Police of
Atascadero, which approval shall be in writing, indicating that
said vehicle is of a readily apparent distinction from the
vehicles or equipment utilized by authorized public law
enforcement agencies. Any such vehicle used by the licensee in
the licensee' s business shall be distinctively marred and include -
the word "private" written in minimum four-inch (411 ) block
letters of a contrasting color. The word "private" may, and
should be incorporated with the licensee's type of '';business, such
as "Private Patrol" , "Private Security", or "Private Alarm
Service" .
(d) Waiver of Time. The applicant shall waive the time
Ig requirements for approval of the issuing agency pursuant to
Section 3-5.308 pending the investigation by the Police
Department.
000141
3-5.406 Sales yards, auction yards, flea markets
(a) Every person who conducts a sales yard, auction yard
and/or flea market, as defined in Title 9 of this Code, before
leasing space to various vendors, must first demand that such
vendors produce a City business license as provided in this
title.
(b) Temporary sales events (conducted no more frequently
than one two (2) day period every ninety (90) days shall require
only the operator of that event to have a business license.
000142-
Article V. License Fees and Charges
Sec. 3-5.501 Rates fixed and established.
The license fees and any related fees or charges for the
businesses, exhibitions, occupations, and activitie's referred to
and named in this title shall be established by Resolution of the
City Council of Atascadero and may be changed from time to time
by Resolution of the Council.
Sec. 3-5.502 Payable in advance.
All license fees provided for in this title, either new or
renewal, shall be due and payable in advance at the office of the
City Finance Department.
Sec. 3-5.503. Penalties for late payment.
All license fees as required by this title are due and
payable upon the first business day after the date 'of expiration.
Any licensee is permitted a thirty (30) day grace period
thereafter to submit said payment. Subsequent to the grace
period, a penalty of fifty percent (50%) of the license fee shall
be added for renewal. If the entire license fee with the
addition of penalties, is not submitted within sixty (60) days
after the expiration of the grace period, a penalty of one
hundred percent (100%) of the license fee shall be ,added for
0 renewal. In addition, the Business License Administrator shall
automatically revoke the license. If the licensee '';continues to
engage in the same or similar business, exhibits, occupation or
activities without a valid license, he/she shall be guilty of a
misdemeanor, as set forth in section 3-5.110 of this title.
If the licensee desires to continue business, ',he must
complete a new business license application subject to the review
of the appropriate City Departments and pay the prior license
fee, penalties and any other fines or charges.
Sec. 3-5.504 Failure to obtain a business license»
Failure to obtain a license prior to commencing a business,
exhibit, occupation or activity requiring a license shall result
in an additional fee equal to the cost of the license itself and
any related charges.
000143
Sec. 3-5.505 Civil Action Designated.
If any person, firm, association, or corporation commences, •
conducts, or carries on any business, exhibition, occupation, or
activity mentioned in this title without first paying a license
fee and obtaining the license as provided for in this title for
conducting or carrying on the business, exhibition, occupation or
activity, an action may be commenced and prosecuted by the City
against such person, firm, association, or corporation for the
collection of the license fee, in addition to such other remedy
that the City may have against any such person, firm, association
or corporation.
a:buslic
#29
•
000144
RESOLUTION NO. 89-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF '',ATASCADERO
ESTABLISHING AND REVISING BUSINESS LICENSE 'FEES.
WHEREAS, certain business license fees need to' be increased
to bring them more in line with other Cities; and
WHEREAS, certain administrative charges are needed to help
recover the costs associated with such fees;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ATASCADERO:
That the attached Exhibit A, entitled "Business License Fee _
Schedule" is made a part of this resolution and is hereby
approved, effective October 1, 1992.
On motion by Councilperson , seconded by
Councilperson , the foregoing resolution] is hereby'
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
ROBERT F. NIMMO, Mayor
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
A:RES8992
#29
000145
BUSINESS LICENSE FEE SCHEDULE
(Effective October 1 , 1992 )
(Pursuant to Resolution 89-92)
CATEGORY PROPOSED CURRENT
Commercial Business License (CBL) 50 50
Each Full-time employee 10 10
Each Part-time employee 5 5
Home Occupation-Sole Proprietorship 25 •2,-5
Each employee ( if allowed) 10 10
Contractors--Flat Rate 75 75
Out-of-Town Contractors (annual) 100 75
Out-of-Town Contractors (per-- job) 50 50
Hotels , Apartments , Rest Homes , Storage Units , etc .
1-3 Rooms , spaces , units , etc 0 0
4-10 Rooms , spaces , units , etc 50 50
Each unit over 10 2 2
Supplemental Fees .
Arcades--over 2 CBL+$10 CBL+$1 _
Cardroom Tables--each CBL+$300 CBL-t:$10
Solicitor , Peddlers ,• Vendors
Principal & 1 solicitor--first day 50 50
Each additional day 10 10
Non-profit only r'' 0 0
Temporary Sales Events
Per Day 50 50
Non-profit only 0 0
Circuses--per day * 150
*Subject to individual determination
Rummage/Parking lot/Garage & Yard Sale - -
First 2 per year 0 0
Over 2 ( 2-day limit ) per day 50 50
Auctions with no permanent place of business 50 50
Per day
Non-Profit only 0 0
Non-franchised Public Utility 100 100 •
Maximum of all licenses 11000 500
000146
i
BUSINESS LICENSE FEE SCHEDULE
(Effective October 1 , 1992 ) ,
(Pursuant to Resolution 89-92)
CATEGORY PROPOSED QId4Tr
Administrative Charges:
Application Fee (non-refundable ; not required
for renewals )•
Commercial Business License 25 0
Home Occupation 15 15
Contractors (all ) 0 0
Canvassers/Solicitors 25 25
Police Review: C6st+$25 Cost+$O
License Transfers :
Change of location 15 25
Change of business name 5 15
Change of Partner(s ) 5 15
Duplicate License 5 25
Late Payment Penalty
After 30 days 50% of fee 50% of fee
After 90 days 100% of fee 0-
Failure to Obtain License--minimum charge 2xFee 0
u/mark/BUSLIC
00014'7
REPORT TO CITY COUNCIL
CITY OF ATASCADERO
Agenda Item:
Through: Ray Windsor, City Manager Mtg. Dater 9/22/92
From: Henry Engen, Comm. Dev. Director. File No: PP 92-008
SUBJECT:
Findings for Denial — Blockbuster Video Precise Plan 7025 E1
Camino Real (Pacific Entertainment) (Fisher) .
RECOMMENDATION:
At the City Council's September ath meeting, the C uncil voted to. ' "
uphold the appeal of Jerry Taft to deny PP 92-008. The attached
draft Findings for Denial have been prepared to formalize,' that
action.
BACKGROUND:
The precise plan for this proposed 6, 000 square f of building at
the corner of Santa Ysabel and E1 Camino Real wits approved by
staff, approved - on appeal - by the Planning Commission (3:1: 1
vote) and denied - on appeal - by the City Council ( 3 :2 vote) . The
primary reason for the Council's action was traffic impacts, and
staff was directed to bring back draft Findings for Denial. -
RECONSIDERATION REQUEST:
Following the hearing, the applicant's representativ submitted the
accompanying letter requesting that reconsideration be given this
matter, and offering to undertake a traffic study utilizing a con-
sultant selected by the City. This would have the effect of
expanding the initial environmental study.
Pursuant to the Atascadero Municipal Code, Section 2-1. 12 (d) ,
Council may reconsider this matter provided that a motion made by
a member of the prevailing side carries. Should the Council vote
in favor of reconsideration, the discussion should be limited to
the question of whether to the matter bu not the facts
of the case. Further, formal reconsideration of the precise plan
would require public notice for a hearing which would mean contin-
uing the matter to October 13, 1992.
Enclosures: Communication from Robert Fisher - September 14, 1992
Draft Findings for Denial
cc: Robert Fisher
Pacific Entertainment (Dennis Bell)
Glenda and Jerry Taft
000148
AU
ROBERT S. FISHER
Architect C-172$0 AAER0
5925 ATASCADERO AVENUE OFf10E
ATASCADERO. CALIF. 93422
TEL.& FAX 505-461-4804
September 14, 1992
To: Atascadero City Council
6500 Palma Ave.
Atascadero,CA; 93422
Re: Precise Plan 92-008
Pacific EatertainmeatlBlockbuster Entertainment
7025 El Camino Real,Atascadero
Councilmembers,
Pleaseaccept this request for a reconsideration of your Council majority's
approval of an appeal on the above referenced project. As your findings for approval
of this appeal are based only on the added or cumulative traffic impacts at the El Camino
Real/Santa Ysabel intersection, we feel it is only fair that the original applicant be
granted additional time by the Council, to conduct a focused traffic study regarding this
issue. As a good faith gesture, the applicant is willing to utilize a traffic consultant of
the City's choice.
What we expect this>study`to find is that the net volume of traffic increase in and
around the area will in fact be negligible or even reduced due to the recent'change in
use at the primary building on this site. The volume of traffic presently generated by
Payless Drugs (general merchandise store) is substantially less than that of the
previous tenants or uses, that being Safeway and then Vons (food and beverage retail
sales). This should result in either a decrease,or no change at all in traffic around the
site,hence,ao cumulative il2p9ct.
We rely on your sense of fairness to all parties involved to honor this reasonable
request.
Sincerely,
Robert Fisher, Archi
for Pacific Entertainment
000149
DRAFT FINDINGS FOR DENIAL
Precise Plan 92-008, Blockbuster Video
(Pacific Entertainment/Fisher)
7025 E1 Camino Real
City Council Meeting: September 22, 1992
ENVIRONMENTAL FINDING:
The proposed project may have a significant impacton the environ-
ment. The Negative Declaration proposed for the project is not
adequate given the public controversy that this project generated
and the fair arguments presented relative to adverse traffic
impacts.
FINDINGS•
1. The proposed project or use will be inconsistent with the
character of the immediate neighborhood or Contrary to its
orderly development.
Evidence: The proposed project represents a piecemeal addi-
tion to a "center" comprised of eight separately owned
parcels. The General Plan Land Use Element under Retail
Commercial policies (C. 3 .b) calls for retail nodes "at inter-
sections of arterial directs" including Highway 41 and El
Camino Real, and the proposed project would not contribute to
the node concept.
2 . The proposed use or project will 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 sur-
rounding neighborhood that would result from full development
in accordance with the Land Use Element.
Evidence: Caltrans' February 1992 Draft Environmental Impact
Report for Bridge Replacement and Realignment' on Route 41 in
and near the City of Atascadero concludes that the intersec-
section of E1 Camino Real and Route 41 will experience an
unacceptable level of Service "F" in the year 2012 . The Final
Environmental Impact Report for the City of Atascadero General
Plan Draft Land Use Conservation and Open '. Space Elements
(December 1991) states in the Circulation analysis (Sec. 4 .4) , - �
"two areas of particular concern to the , city are the
following:
Highway 101/Highway 41 Interchange
Given the increase in traffic volumes on these major
highways experienced over the past few years, there is a
current need to redesign the interchange'; to improve the
capacity, but more importantly to improve safety. The
000150
interchange currently is unsignalized. The increase in
east-bound traffic on Highway 41 has at times stacked up
under the freeway overpass waiting for the signal at the
Highway 41/El Camino Real intersection. At times traffic
backs up all the way back to the unsignalized south-bound
offramp. When access to Highway 41 is blocked, traffic
cannot exit the freeway and is forced to stack up on the
offramp. This can result in a dangerous situation as
traffic travelling at freeway speeds tries to exit and
finds the deceleration lane blocked.
The City is currently working with Caltrans to fund the
improvement of the interchange, which may involve
signalizing the offramps in sequence with the signal at
Highway 41 and E1 Camino Real.
Highway 41 Extension
Currently, Highway 41 enters the City from the west,
turns left at E1 Camino Real and proceeds north to ,West
Mall before continuing to the Curbaril Bridge and through
to Creston Eureka Road. This indirect route is ineffi-
cient and contributes a significant amount of traffic to
residential streets. Caltrans plans to extend Highway 41
directly through the City and across the Salinas River to
the east to make a more direct east-west connection.
Based upon the evidence presented by numerous individuals,
including businesspersons, the proposed project would
adversely impact the existing and planned abutting streets
together with the internal circulation of the shopping center.
c: \wp\agenda.cc\blkfind. 922
000151
REPORT TO CITY COUNCIL Agenda Item: D-2
CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Date: 9/22/02
From: Mark Joseph, Administrative Services Dire to
SUBJECT: Analysis of Short-term Borrowing; Roles of Finance
Director/Treasurer.
RECOMMENDATIONS:
For Council review and discussion. Direction is requested
regarding 1. ) Whether to proceed with a short-term note with Bank .
of America and 2. ) Whether to reactivate the Council's Finance
Sub-Committee.
BACKGROUND:
The City Treasurer proposed a short-term loan with a local
bank in order to potentially earn extra interest income on the
City's cash reserves. This could be accomplished by borrowing
money at a lower rate than the City currently earns with the
Orange County Investment Pool. As much as $35,000 could have
been earned, on a nine month note based on an inte est cost of 6
percent, with interest earning 9 percent, and no lcan expenses.
The matter was initially discussed at Council on August 25.
Insofar as there were no clear bank offers at the time, Council
directed staff to fully explore the issue, continue to get bank
offers and report back in 30 days. In addition, Council
requested a review of the roles of the Treasurer a d the Finance
Director.
ANALYSIS:
1. "Interim Financing" - As pointed out in the August 25 report,
many local jurisdictions, especially schools, borrow on a short-
term basis to cover the "lean" months before prope ty taxes are
received. The attached staff report (Exhibit A) outlines Tax and
Revenue Anticipation Notes (TRANS) and how they would relate to
Atascadero's current situation.
The City of Santa Maria and County of San LuiiObispo have
recently completed similar financings. Both entities
sold bonds
for approximately 3.5 percent. The cost of sellin .the bonds was
around $50-60,000. The County began this process in March and
sold their bonds in late August. The City of Santa Maria, which
has undertaken such financing in the past, was able to conduct
the process in approximately three months.
000152
2. Current Proposals - We have received two proposals, from Kid-
State and Bank of America. In the meanwhile, the Orange County
Investment Pool has sent us their annual report, projecting their
1992-93 interest earnings rate at 7.75 percent, down 1.25 percent
from its current rate. Based on this projection, and Bank of
America's proposal (the better of the two offers) , a six-month
loan, including related expenses, would cost approximately $8-
12,000 less than the interest we would earn from the loan. Such
savings, however, do not include the cost of staff time arranging
the loan and completing all the necessary paperwork.
Review by the City Attorney is recommended if the Bank of
America proposal is considered, to assure that the collateral
sought is appropriate. Specifically, the question is, can the
City use the cash reserves of other funds to secure a short-term
note for the General Fund? If the answer is no, Bank of
America's rate would most likely be higher, thereby reducing the
savings.
3. Loan Pooling in the future — This proposal, from
Councilmember Luna, has considerable merit. By pooling efforts,
certain fixed costs, such as bond counsel and printing expenses,
can be 'spread between several agencies. Separate debt schedules
would be prepared, and each jurisdiction would be responsible for
its own debt. If approved by Council, such pooling efforts will
be explored with both the City of Santa Maria and the County.
Such efforts would be initiated in late winter or early spring.
4. Roles of the Finance Director and Treasurer. The Atascadero
Municipal Code spells out the official functions of both the
appropriate excerpts are attached as Exhibit B (including an < '
excerpt from the State Government Code regarding the Treasurer) .
In short, the Treasurer's role is limited to overseeing cash
receipts and disbursements, and reporting monthly to the City
Clerk and Council on the results. The Atascadero Municipal Code
somewhat restricts the disbursement role in that the Treasurer
may not prevent the disbursement of funds needed to pay the
legitimate debts of the City - i.e., payroll and vendors. On
the other hand, the Code entrusts the Treasurer with the
responsibility of investing the City's idle cash, subject to the
Council approved Investment Policy.
The role of the Finance Director (besides over-seeing-the
Finance Office) can be summarized as one, overseeing the City's -
accounting systems and preparing standard financial reports; two,
assisting in the annual budget process; three, directing the
City's Data Processing efforts, and four, acting as -the financial
advisor to the Council and staff, including conducting special
financial studies.
000153
For the last four years more emphasis has been; placed on the
. accounting and reporting role, due in part to the meed to improve
our accounting records and systems, as well as the '',fact that we
had ample reserves. Now, our record system is in good shape and
we have very little reserve -- emphasizing the role of financial
advisor would be more prudent for the immediate future. This
could be accomplished in a number of ways: first, by requiring a
more in-depth, but quarterly, financial report to Council; or
second, by requiring a financial impact report prepared by the
Finance Director for specified Council items.
Beyond just functions, Council expressed concern over
reporting relationships. The Finance Director reports to the
City Manager. The Treasurer, as an elected official, does not
necessarily report to the Manager or Council. The ',effect is to
potentially isolate Council on financial matters. ;One way of
resolving this is a reinvigorated Finance Sub-Committee,
consisting of two Councilmembers, the City Manager, Treasurer,
and Finance Director (two additional members could be the I
Assistant City Manager and Assistant Finance Director) . - The ' ,
Committee would become a forum for frank discussion without
concern over who reports to whom. Specific issues ''.such as the
annual audit, monthly Treasurer's reports and the City' s
financial condition could be discussed in greater detail, with
any action items brought to the full Council.
a:shorterm
#3A
000154
EXHIBIT A
M E M O R A N D U M
i
Date: August 17, 1992
To: Ray Windsor, City Manager
From: Mark Joseph, Administrative Services Director'
Subject: Short-Term Loan for Cash Flow Purposes
Micki requested that I investigate the possibility of the
City borrowing money on a short-term basis to cover our cash
flow.. . The rationale is to theOrangeow Countix y Investment Fund,
percentsand
"
thereby leave our money i g
which is currently earning over nine percent.
Technically, Micki is talking about Tax and Revenue
Anticipation Notes (TRAN' s) ." I have attached some material on
this type of financing.
The first step is to determine what our cash flow deficit
will be (using only our General Fund and Capital Projects Fund) .
This is projected in the attached table. Using the guidelines
for under $5 million (i.e. , total annual City borrowing not to
exceed that amount) , November' s deficit of $1,050,000 plus
December' s expenses of $575,000, results in borrowing of
$1,625,000. Assuming a nine month loan with a three percent
spread, the City could earn as much as $35,000 (less any loan
expenses and assuming Orange County' s rate stays as high as it
has been) . _.
Micki has proposed borrowing the money from Mid-State and
Mike Kirkwood is interested. In fairness, (and in order to
assure us the best terms) we should solicit bids from any other
local banks. The loan should be tax-exempt, would be pledged by
the current year' s taxes and revenues and would be repaid in a
lump sum prior to the end of the current fiscal year.
I suspect the local bank rates would not be as low as if we
worked with an outside underwriter (perhaps as low as 3-4
percent) , but such an approach is likely to involve higher costs
(bond counsel, printing of the Official Statement, etc. ) and a -- _
longer lead time.
If you feel the idea has merit, Micki and I can work with
the local banks for the best offer and then return to Council for
approval. If this arrangement works out, we should probably
consider it on an annual basis (at least until we build up our
reserves! ) -
cc: Art Montandon i
Micki Korba
000155
EXHIBIT A
A n
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
w
V n n o inch Ln %a .1
WA M to + V R Q in v
, -i
A A A
O O O O O O O O
A O to O sl O O O O
O O M N 1n to M 1l t,
a Ln r-) O M Ln ri
v v
v
0 0 0 0
A n o 0 0 0
0 0 0 0 0 0 0 0
0 o O 0 in` in o a
O in tn a
H in Ll o U x A in in N
C7 M M O N
M O Ln 14 at
v v
I
N
?w
A A n
fZi O O O O O O O O
O O O O O O O O O O
z. O O O O O O O O
00 H
H �. a
W v v
ti
O
az
p A A A A
a o 0 0 0 0 0 0 O
w o 0 0 0 0 0 0 0
0 0 0 0 0 o O 0
c3 "
v v v v
A A A A
O O O O O O O O p
O O O O O O O O O
O O O O O O O O O
'.7 CO CO O in M W r 4 In
v v v
wr
O
v
U
r
m a�
U U
G G D�
G1 ro W ro
U rl U 4
r ro G ro c
ro al ro W
r-I r I «1
W ro W v0 ro W AZT
N P4 D N OD 9 4)
$1
7 ?t 4 a >1 4J O
Gil p 14 rrol � 1 11 rrol v Gar
C�1 N O :3W N O 0 ��
N %$ 0 N 04 x 0 U
a w a w
000156
TAX AND REVENUE ANTICIPATION NOTES; GRANT ANTICIPATION NOTES
t r
Definition and Purposes
Tax and revenue anticipation notes are issued by public
agencies to fund cash flow deficits in a fiscal year. ' Typically, they
would be- issued at the beginning of the fiscal year and mature at the
and of such fiscal year. Similarly, grant anticipation notes are issued
by a public agency to cover anticipated shortfalls in project funds
pending receipt of federal or state grant moneys and would be issued
prior to construction of the project, expended on the construction, and .
retired from the grant proceeds received as reimbursement for such
project expenditures.
Legal Authority; Issuers
Articles 7, 7.5, 7.6 and 7.7 of Chapter 4, Part L, Division 2,
Title 5 of the Government Code (Sections 53822 to 53859.09, inclusive)
are the basic authorizations for the issuance of tax and revenue
anticipation notes, tax anticipation notes and grant anticipation notes
by local agencies.
The permissible issuers under the various statutes are as
follows: - 0
-- Article T -- "county, city, regional park district, ,
school district, community college district or any other
municipal or public corporation or district" (Government
Code Section 53820);
-- Article T.5 -- "counties in which the board of
supervisors has declared it to be county policy to make
advances of current operating requirements to subsidiary
political subdivisions required by law to deposit their
funds in the county treasury" (Government Code
Section 53840)
-- Article 7.6 -- "county, city and county, city, school
district of any type, community college district, county
board of education, or any other municipal or public
corporation or district" (Government Code Section 53850);
and
-- Article 7.7 -- "county, city and county, city, school
district, community college district, or any other
municipal or public corporation or district" (Government
Code Section 53859) .
0
3-29
00015'7
Financing Programs; Process for Approval
and Sale; limitations on terms; Security
Temporary cash flow deficit borrowing is usually accomplished
pursuant to Article 7.6, which provides that the proceeds of the
borrowing may be used for any purpose for which the local agency is.
authorized to expend moneys, including investment and, reinvestment. The
notes are authorized pursuant to a resolution of the .governing body;
must Mature within the fiscal year or 15 months from the- date of
issuance when payable only from revenues of such fiscal year; cannot
exceed in amount 85% of the estimated amount of uncollected taxes,
income, revenues and other moneys which will be available to pay the
notes; bear Interest at a rate not to exceed 12% per year; and may be
sold at Negotiated or Competitive Sale. The issuer is authorized to
Pledge designated taxes, income, revenues or other moneys to payment
of the notes and a statutory first lien is provided on such pledged
moneys. This is a desirable security feature.
Article 7 limits the amount of the borrowing to 50X of `
uncollected taxes or estimated income, and allows school districts, to-
borrow an additional 251. between July 15 and August 30, based on last
year attendance figures, to be paid on December 31 from anticipated
state apportionments. The resolution of authorization must be by
four-fifths vote and a recommendation from the approp> iate-
auditor-controller is required. The notes or warrants are required to
be sold at Competitive Sale; bear Interest not to exceed 151. per
annum; and Mature in the fiscal year which they are issued, by
December 31 if issued before that date and May 30 if issued thereafter.
Article 7.5 allows counties to borrow, not to exceed in amount
85% of levied and uncollected taxes, to make advances 'to subsidiary
political subdivisions for operating purposes. Sale of the notes must _
be by Competitive Sale or, upon a finding that time is of the essence,
Negotiated Sale; at an Interest Rate not in excess of '12% per year.
Article 7.7 is the authorization of grant anticipation notes.
The grants to be anticipated must be "appropriated and committed" to the
local agency by the granting agency and the money borrowed by the grant
anticipation notes may be expended solely for the purpose for which the
grant is received. Notes cannot Mature 36 months beyond the date of
issue (15 months if the public agency is subject to the constitutional
debt limit), can be sold at Competitive or Negotiated Sales at not
less than 981. of Par, and cannot exceed in principal amount 95% of the
grant funds to be received within the 36-month period following-issuance
of the notes. The article also provides the notes with a first Pledge
of the grant funds in anticipation of which the notes are issued.
Certain transit districts and other common recipients of
grants may have specific legislation enabling them to issue grant
anticipation notes under different conditions and procedures than those
set forth in Article 7.7.
3-30
00015A
( Special Federal Tax Considerations
The main constraints on a tax-exempt cash flow borrowing are
federal Arbitrage considerations. Treasury Regulations Section
1.103-14(c) requires that, to qualify for a Temporary Period in which
to invest note proceeds above the note Yield, tax and revenue
anticipation notes must mature ab more than 13 months after the date of
issue and grant anticipation notes must mature within six months
following the expected date of the last grant receipts (but not more
than 30 months from the date of issuance) .
Issue size limitations are very restrictive under the Internal
Revenue Code. Generally, to qualify for a temporary period, the size of
the issue is Limited to the cumulative Cash Flow deficit plus a
"reasonable cash balance" described as the next month's expenditures. .
However, if the issuer wants to avoid. Arbitrage Rebate of
earnings to the federal government, it must satisfy the safe harbor size
limit found in Section 148(f)(4)(iii) of the Internal Revenue Code,
which requires that the proceeds of the issue be treated as-- expended
within six months of the date of issue. Proceeds are considered to be
expended on the 1st day after the date of issuance that the cumulative
cash flow deficit to be financed by such issue actually exceeds 90% of
the aggregate face amount of such issue. The effect of this safe harbor
is to require that the issue be no greater in amount than 111% of the
cumulative cash flow deficit that actually occurs and that it be issued
no sooner than six months prior to the date the cumulative cash flow
deficit occurs. If the issuer, in good faith, sizes its issue pursuant
to the safe harbor guidelines, but actually fails to meet them during
the term of the issue, it must rebate any arbitrage earnings on such
issue in excess or the yield on such notes to the federal government.
Finally, care- must be taken in determining the amount of the
issuer's cash flow deficit, because certain funds that the issuer may
not normally treat as available for the payment of operating expenses
may be considered available for such purpose under Internal Revenue
Service guidelines.
3-31
000159
n T zn v
iC O .� y :3 3. .'Vr ti �.. J 3 v ,'j i -• r •.r :C -r 'w ._ _ n
�
3J ..+n„
y .� y � J A :� y � y � •v y .� � T r n '-.. r3. � i '... 'M.. --a
y sn
•j y •y .• J y .y j 7 3 �_ y y Z r `� X A n
34
� •" y ... ^. y J J _ � j 3 � J J y J .. A r + J %1 '� �.Mr >_ :� � ,� ^. Z y y .� "' 7)
-J. ;� 7 :J •+,. •l1 J �. �, n _ .-. _ 7 n >C :J 7 , y y i y .., •. r -�
� :'� ^•. � ''� "� ? .. j ..y. `:J %� J :r n. J '� Y! �. .'"' y j '3 �' j! 'y ... � � � .Jj � %C � — �! J
J 30 r '7 j J y •� ,_ :r. , ?� :J "� nom" Y .� ' n .-. X J y y "� -3 J .�
J T J - y ... _ - J - � q» '� �0•.. y � �+ J .-•.� � � � � � .v •� � ^ ^� 7 � ani ..� 3 ^
.7 .> >> j ,-0 y ^ _ 3 ^ �! :J j ?•� .T Fj•'� n n >i J
tj
Yj
Ij
on
<... r ..► > .r �n y :�
n -' _ a. v a _ _,ice
_ b4 C,3 .�. ._ •.+ y Z J J
`y12
> A 1 Z J n �4 _A
72
zj
+ J .. ..i 4 1) y ? �/y/ s0�^,O J ' 'j `-0 J .J. + 'S :J A '.: 21.
•'J•0 •_+ j V
72
J
:,�
n n J j73
000160
%I :J
A yZ Is
3 'JJ
_ _ n
75
^,o
3 .� .: ... �A y •+. D
n y � •.� y _ � 3 z 'y ." >>� Z d 3 •_, " _ _3 .w .y � � ;; J v
Jam. A z0 37 ti za
O _
y = 7 J
72
&r
y _ ?MA
zi
tc
J _ 0
n •� -� r .J y •J
r bl = JAI d = _y >J, ?
C7 z t) 1) Z
Z ,p. vs _Isl( Irk
Z %~ 3 N v it '.' y ' _ p •' :J ... .� %1 z �..
to
zi
Z y n '� J 3 -• q�. '� T 'J. y n n J n
_— _�r„� _^. ;1 n � ,1 ' � � n .. ._ _ _ y N J _ r• a :� ." y _ _ ..
(~_ 3 2vI
OOOIG .
EXHIBIT B
2-7.01-2-7.03
CHAPTER 7. CITY TREASURER
Sec. 2-7.01. Creation and functions.
(a) The office of the City Treasurer is confirmed as
provided in Section 36501 and 36502 of the Government Code
of the State. The City Treasurer shall perform such duties as are
prescribed by Sections 41001 through 41007 of the Govern-
ment Code of the State. The City Treasurer shall perform such
other duties consistent with this Code as may be required of
him by the Council.
(b) The principal functions of the City Treasurer shall
be to receive and safely keep all public funds coming into his
hands as treasurer, and to comply with all laws governing the
deposit and securing of public funds and the handling pf trust
funds in his possession.
(Ord. 49 § 2-5.201 , 1982)
Sec. 2-7.02. Deputies. `1
The City Treasurer may appoint deputies for whose acts lie
and his bondsmen are responsible, but in doing so, shall not
incur any indebtedness or liability on behalf of the City except
as authorized by the City Council.
(Ord. 49 § 2-5.202, 1982)
Sec. 2-7.03. Compensation.
The City Treasurer shall receive such compensation and
expense allowance as the Council shall from time to time
determine by resolution or ordinance. Such compensation shall
be a proper charge against such funds of the City as the Council
shall designate.
(Ord. 49 § 2-5.203, 1982)
74
000162
2-7.04-2-7.05
Sec. 2-7.04. Coordination with Director of Finance.
The City Treasurer shall coordinate his activities with the
Director of Finance to assure availability of funds in response to
demands for payment against City financial resources. The City
Treasurer shall not withhold making available funds to the
Finance Director for payment of materials, equipment, goods
or services duly authorized by the Council through the adopted
budget or by Council approval by ordinance, resolution or
motion when requests for such funds are duly authorized and
presented by the Director of Finance.
(Ord. 49 § 2-5.204, 1982)
Sec. 2-7.05. Investment policy.
In addition to the requirements, duties and obligations
imposed upon the City Treasurer by the State Government
Code concerning the investment of City moneys, the City
Treasurer shall attempt to secure the maximum rate of return
on invested uncommitted City funds consistent with assuring
availability of funds to meet the City's financial obligations and
consistent with statutory investment limitations. In order to
assure compliance with this requirement, the City I Treasurer
shall closely coordinate the investment of funds with the
Director of .Finance to assure the ability of the City to meet its
obligations.
(Ord. 49 § 2-5.205, 1982)
75
000163
§ 41000 GOVERNMENT OF .CITIES
Title 4
I Chapter 3 �-
of police.dei
CITY TREASURER
Sec. Corpo
41000. Repealed. '. Qn"yp
41001. Money; keeping.
# 41002. Deposit and security of funds; compliance with laws. in general
41003. Disbursements. •' Where petition
41004. Monthly reports, fixed by city judge
s lave a penalty for
41005. Collection of taxes and license fees. j .bee, paid into ci
41006. Deputies; appointment. t, surer•s rest"
sl --
41007. Deputies-, terms; compensation. money in the abs
`.
41008 to 41029. Blank. titioner had pre!
.Council. that x-
41030 to 41035. Repealed. and a warrant iss
mission of fine. t
CIL(Lyt6Y $tpCtS Q q against city cream
by StatS.191f9,C. 7,P.215, § 1. to remit fine. I
-W P.2d 399,91 C
Historical Note In action by e
j As originally enacted. Chapter 3 consist- fees under ordina:
ed of Article 1.
Prising fd 41000 co 410Sixth Class Cities, tom_ The heading of Article 1 and the entire Sion in Municipal
Article were repealed by Stacs.1955, C. § 876 (repealed)
07: and Article 2. 624, p. 2120, § 53. plead statute in
Fifth Class Cities, comprising 11 41030 to
41035. matter of jvdicia
Town of Lakepor
C.A. 1.
Cross References where Const _
Compensation. see $ 3651-, provided that no
Disincorporation of municipalities.see§35460 et seq. bilin in any ma:
EIigibility to hold office as treasurer,see 4 36502. exceeding in any
Governing officers and employees, treasurer included among,see 136501. enue for such se:
two-thirds of the
Library References and Municipal Ac
noR. gF' 372,.'1.
Municipal Corporations 0-169. C.J.S.Municipal Cor demands against
Corporations-1 544. to which the sec
dited by the boa
§ 41000, the allowance tit
Repealed br Stats-1955,c.624, P.MO, §53 shall draw a ww
therefor, counter
Historical Note § 786 (repealed
The repealed section, added brScats seq.) provided to
1949. c. 79. p. 315. § 1. pay out city fm
provided for ap- warrants. and s
plication of Articled to sixth class cities. issued by order
§ 41001. Money; keeping § 41002.
The city treasurer shall receive and safely keep all money com-
ing into his hands as treasurer. He shall
(Added by St2ts.1949,c.79,p.215, § 1.) of public fund
(Added by Sta-
Historical Note - - --
Derivation: Scats-1883, c. 49, p. "75, § c. 131. P. 184. § 7; Stats.1933, c. 516, p.
876: Stats-1903, c. 249. p. 336. 6 1• 1335. § 29.
Stats.1913, c. 29, P. 33, 3 1; Scats.1931, Derivation:
14 41001.
000194
Title -1, Div. X CITY TREASURER § 41002
Cross References
Chief of police..deposic of money with city cressurer.:cee 41 -
Library References
Municipal Corporati„ns (S=tV— C.J.S.Municipal Corporations J 546.
Notes of Decisions
I. In general l
IWS. where petitioner had been erroneously to be paid out of cite sewerage fund for a
fined by city judge under a statute provid- 'certain year. one in part payment of a
ing a penalty for a felony and fine had judgment against cite city, and one upon a.
been paid into city treasury, in view of claim aot reduced to judgment:the crew-
cressurer's restricted right to pay out surer had no right ro pay the judgment in
money, in the absence of showing chat pe- full. to Elie exclusion of the ocher claim.
citioner had presented a claim to city since a judgment against a city Only es-
council. that claim had been authorized tablishes Elie validity of the claim upon
and a warrant issued thereon directing re- which it is rendered, dad does not su-
mission of fine. mandamus would not lie persede other equally valid claims entitled
against city treasurer alone to compel itim to payment out of cite same fund. Fresno
to remit °ine. Draper v. grant (1949) Canal & Irrigation Co. v. 3lcKenzie
5,3 1. _'05 P.•-d 399.91 C.A.rd 566. (1902) Fit P.900. 1:Z C.4K.
.
In action by city treasurer to recover where Const. Art. 11. 1 16 (repialed),
fees under ordinance which adopted provi- required all money collected for the Use of
:e 1 and the entire �{ sion in Municipal Corporations Act 18.'i3. any city. etc.. coming into the hands of
. 6 and
the enc c. 6 (repealed) is was nuc necessary co any.officer thereof. s be immediately de-
.a
lead statute in complaint since it in „ posited with cite treasurer to the credit
matter of judicial cognizance. !3reene v. the city, etc.. for cite benefit of cite fund
Town of Lakeport (1925) '2'.i8 P. 70'w 74 to which is belongs. and li (repealed)
C.A. 1. made it a felony for any officer having
control of suet' money to use or make any
Where Conic. Arr. 11. IS (repealed). profit out of cite same. and Municipal
1 provided chat no city shall incur any lia- Corporation -let. 4 .3 6 (repealed: see.
bility in any manner or for any purpose now. this section► made it the duct' of the
exceeding in any year the income and rev- treasurer to receive and safely keep mon-
enue for such year. without cite assent of er coming into his hands. and pay it out
91 t two-thirds of the qualified voters thereof. on warrants signed. etc.. and noc other-
and Municipal :pct, i 766 (repealed: see. wise, and Pen. C. J 421. makes it embez-
now. i§ 3:" 1. 372=1. provided chat all zlement for Elie officer to loan such mon-
demands against cities of Elie fifth class. ay. to ,tse it as Itis own. the common-law
orations f 544. to which the section applies. shall be au- liability of a city treasurer was not en- `
dited by the board of trustees, and upon larged by suet, statutes. or by a bond pro-
the allowance cite president of Elie board viding char. if he shall faithfully"perform
II shall draw a warrant upon the treasurer all the duties of such office of treasurer
a3 therefor. countersigned by the clerk: and required by any law," the obligation
4 786 (repealed: see. now. 1 110.31 et shall be void. and such treasurer was not
seq.) provided that Elie treasurer shall not liable for money forcibly taken from him
pay our. city 'funds, except upon proper by robbers. City of Healdsburg v. Mulli-
re
warrants. and where cwo warrants we
� gan (1896) 45 P.„;7.113 C.205.
issued by order of the board of trustees.
§ 41002. Deposit and security of funds; compliance with laws
:ll money com- He shall comply with all laws governing the deposit and securing
of public funds and the handling of trust funds in his possession.
(Added by Stats.1949,c.79. p.215.§ 1.)
Historical Note
sts.1933. c. 516, p.
Oarivation: see Derivation under I
41001.
1�
00016
t
1
1
i
§ 41002
GOVERNMENT OF CITIES Title '4 Div. 3
Cross References only establis
Limitations on deposit of public moneys with bank, see Financial Code § 8b6. upon which i'
Making profit out of public moneys prohibited,see Penal Code§424. persede oche
Public officials as officers of depositories of public funds,see Financial Code 1860. to payment o
Punishment for illegal use of public moneys,see Penal Code §I 424. Canal & Ir-
Trust funds,see§ 16371 et sea. P.900, 1.5 C
As clerk c
�s Library References the sixth cls
i; fendant was
li Municipal Corporations 4-172• C-J.S.Municipal Corporations§ 546.
a i all moneys
(
..treasurer's
kept, showed
§ 41003. Disbursements the treasury.
I' He shall pay out money only on warrants signed b legally desi etc f thio-
i! o Y agaY g. one of the f
nated persons. treasurer mu
{, y Stats.1949 c.79 2 all moneys ra
(Added b
f } ,p...15, � 1.) filed with ti
can only pa
countersignet
Historical Note the clerk wu
Derivation: See Derivation under § the city. ant
41001. upon the r
Jackson (1&1
Cross References 2. Mandamw
Mayor or designated officer signing warrants drawn on city treasurer,see§40602 Mandamus
require prop~
Library References dit a claim. ;
discretion in
Municipal Corporations 0172. C.J.S.Municipal Corporations §546. -
Notes of Decisions
§ 41004
In general 1Regu17
Municipal treasurer has duty to par out
Mandamus 2 money only or. warrants signed by personsmit to the
designated by law as proper persons to' disbursemE
sign warrants. Robinson v. Moran (1935)',
I. In general 45 Ptd 206,3 C.2d 63G. lative body
Under city charter, which clearly define- Where Coast. Art. 11, § 13 (repealed)': (Added by S
ated function of city treasurer as being to provided that no city shall incur any lia-',
disburse monies on demands properly au- bility in any manner or for any purpose';
diced and approved in manner provided exceeding in any ,year the income arid rev-';
for in city charter or by city ordinance, enue for such year, without the assent of Derivation:
once appropriation had been approved by two-thirds of the qualified voters thereof,' 41001.
city clerk, city manager. and tits council, and Municipal Act, § 766 (repealed) pro-
duty of city treasurer to disburse funds vided that all demands against cities of',
was mandatory and not discretionary, and the fifth class, to which the sectionaP- City clerk. ma
such duty applied with respect to trans- plied, shall be audited by the board of'.
sfers of funds and payment of bills of city trustees. and upon the allowance the pres-',
parking authority as well. City of Redon- ident of the board shall draw a warrant':
do Beach v. DeLong (1951) 177 Cal.Rptr. upon the treasurer therefor, countersigned Municipal C.
i 77, 123 CA.3d 1035, by the clerk. and § 786 (repealed: see.
Generally, one who voluntarily pays now, this section) provided that the treas-
moaey to a municipality with full know!- urer shall not pay out city funds. except I. In general
upon proper warrants, and where two war- One of the
edge of facts, but under a mistake of law,
cannot recover. Draper v. Grant (1949) rants were issued by order of the board of ': mcipal torpor
i 205 P_d 399,91 C A d 566. trustees. to be paid out of the sewerage ', to keep an e
(
Funds belonging to a municipality fund for a certain year.--one in part pay- received and
may ment of a judgment against the city, and account, whiel
be withdrawn only in manner prescribed one upon a claim not reduced to judgment. to a fraction
by law, and usually city treasurer is only —the treasurer had no right to pay the the warrants
custodian of city funds. including a fine judgment in full. to the exclusion of theextent the ci
received as Part of city's income. Id. other claim,since a judgment against a city functions of
c
000166
Title 4 Div. 3 CITY TREASURER
§ 41004
only establishes the validity of the claim Draper v. Grnnc (1949) .05 ?.:!d 399, gl
upon which it is rendered, and does not Sit- C..1 2d 366.
'rule # G36. persede ocher equally valid claims encided Where Petitioner had been erroneously
to payment nuc of the same fund. Fresno dined by city judge and fine had been paid
Lai Code J S60. Canal Sc Irr. Co. v. McKenzie (1902) 67 into city treasury. in view of treasurer's
p.go(). 135 C.49y. restricted right to pay out money. in, the
absence of showing chat petitioner had
Al As clerk of a municipal 00 presented of presented a claim to city can
that
die sixth class one of cite duties of de- claim had been authorized and a warrant
feadanc was to keep an exact account of issued thereon directing remission of fine.
rporations 1546. all moneys received and disbursed. and a mandamus would not lie against city trea-
'•treasurer's account" which, if correctly surer alone to compel him to remit tine.
kept, showed to a fraction the moneys in Id.
the treasury, tae warrants drawn thereon. Where money collected by city judge as
etc. To this extonc the clerk diselwrred
by legally desig• one of Elie functions of as auditor. The a tine was deposited with city treasurer
treasurer must ve duplicnce receipts for as required by statute and thereafter city
all moneys received. one of which must be judge had ao authority co withdraw it
filed with the clerk: and cite treasurer from treasury. mnadpel s would aoc lien
can only pay out money on warrants arainst mps!judge to cosuch action. 1J.
countersigned by the clerk. etc. In short. Pniice chief's Petition for mandamus to
the clerk was t►te tiannclal accountant of a mpel payment of salary warrants would
g the city. and practically file only check he dismissed withokic Prejudice where
upon Elie treasurer. NICConouKhey v- from allegations in answer it might be de
gip Jackson (1894) 35 P.Si.101 C.:165. duced chat doubt existed whether body
purporting to act as city council was in
2. Mandamus fact duly elected and qualified, and issues
r.see te refnedy to of fact presented might more readily be
10603. )iAndamus was appropriaau- super it m
u appropriate proceeding
require proper officer to examine and
dit a claim. but not co interfere with his superior court. Robinson v. Moran
discretion in approving or rejecting it. (1935) 45 P:=d=06.3 C.2d 686'
-poracions 3 516.
§ 41004. 1'[anthly reports
Regularly, at least once each month, the city treasurer shall sub-
r has duty to pay out mit to the city clerk a written report and accounting of all receipts,
acs signed by personsWith the legis-
s. proper persons to 3 disbursements, and fund balances. He shall file a copy
3son v. Moran (1935) lative body.
>6.
11. $ 18 (repealed) (Added by Stats.1949.C.79,P.215,
y shall incur any lia- Historical Noce
• or for any purpose
r the income and rev. Derivation: See Derivation under I
without Elie assent of 41001.
ilified voters thereof. Cross References
i66 (repealed) pro-
ads against cities of
,hick the section ap• City clerk.maintaining financial records.see§40802-
.�•d by the board of Ubrary References
P, allowance the pres
shall draw a warrant Municipal Corporations 4=173. C.J.S.Municipal Corporations§546•
eerefor, councersiKned
'86 (repealed: see. Notes of Decisions
3vided that the creas-
ut city funds. except i. to general give
. and where two war. One of the duties of the clerk of a mu- m sstreceived. o a tof rwhichs must Abe aided _
order of the board of nicipal corporation of the sixth class was with clic clerk and the treasurer can
out of the sewerage to keep an exact account of all moneys _
ar.--one in part pay. received and disbursed. and a treasurer's only pay out coney on warrants counter-
against Elie city, and account, which, if correctly kept. showed signed by Ehe clerk. ere. In short, the
reduced to judgment. to a fraction the moneys in cite treasury, clerk was the financial accountant of the
no right to pay the the warrants drawn thereon. etc. To this city, and practically the only check upon
the exclusion of the extent the clerk discharged one of the cite treasurer. XcConoughey v. Jackson
fdgment against a city inactions of an auditor. The treasurer 17(1894) 35 P.363,101 C.265.
00016'
1
' § 41005 GOVERNMENT OF CITIES Title 4 Div. 3
§ 41005. Collection of taxes and license fees § 4101
The city treasurer shall perform such duties relative to the The
11 collection of city taxes and license fees as are prescribed by ordi- er and
f nance. body.
t (Added by Stats.1949,c.79,p.215, § 1.) (Added b
�s
Historical Note
i Derivation: See Derivation under § Derivatb
f 41001. 41001.
Cross References
i
Assessor verification and deposit of rax list.see§41922. Appointive
Chief of police, license fee and tax collection services required be ordinance, see §
p 41607.
City assessor.duties,see §41201 et seq.,
Municipal legislative body,licensing for revenue and regulation,see 137101. Municipr
Municipal property tax assessment,levy and collection,see 143000 at seq. 162(1)
Library References
41§§
� . Municipal Corporations h�978(1). C.J.S. Municipal Corporations § 2071', et
SeQ'
Notes of Decisions §� 41
1. In general
Under Municipal Corporation Act. City of woodland v. Leech (1912) 1--, P.
Stats.1883. p. 261. § 790 (repealed). au- 1040. 20 C.A. 15.
thorizing the marshal to collect license The city council of a general law city
taxes and § 711, as amended in 1901. The re-
which levies a transient, room tax way
Stacs.1901. p. 70 (repealed). empoweringWhich
by ordinance that the room own- 1949, c.
the trustees by ordinance. ro direct the ers who collect the tax may retain a tier- _ 4f certai
i s treasurer to make such collections, the Sections
1 City murshal could collect license taxes tain percentage of the tax collected ';as
until the trustees by ordinance direct the reimbursement for their collection expeps-
�:1 es without such ordinance infringing upoa
city treasurer to act as collector. and aft-
rise duties of the city treasurer under this
er such direction rise marshal's sureties section 48 Ops Atty.Gea 109.
were not liable for collections by him.
t
§ 41006. Deputies; appointment
The city treasurer may appoint deputies for whose acts he and sea
his bondsmen are responsible. 41200.
(Added by Stats.1949,c. 79,p.215, § 1.) 41201.
41202.
Historical Note _ --4_1203.
Derivation: See Derivation under § 41204.
(; 41001. 41205.
i
Cross References
Appointive employees'compensation.municipal council fixing,see§36.506.
1 Library References Munici
Municipal Corporations X148. C.J.S.Municipal Corporations§494.
# 18
1
( -: 00016,
Title 4 Div. 3 CITY ASSESSOR
§ 41007. Deputies; term; compensation
dative to the The deputies shall hold office at the pleasure of the city treasur-
aibed by ordi- er and receive such compensation as is provided by the legislative
body.
i (:added by Stats.1949,c.79,p.216.§ 1.)
Historical Noce
Derivation: See Derivation under i
41001.
Cross References
ordinance.. see i Appointive employees'compensation,municipal council fixing,see i
Library References
101.
1, Municipal Corporations X148. 149(1). C d.S. municipal Corporations if,4
94.
162(1). 495 et seq»523 et Seq.
aligns 3 2071 Pt §§ 41008 to 41029. Blank
§§ 41030 to 41035'L Repealed by Stats.1955, e. 624, P. U P20,
§53
2h (1912) 127 P. j
Historical Note
general law cityX56:
room tax may The repealed sections. added by Stats, from Stats.1883. c. 49. p• 259•
E the room own- 1949. c. "+9. p. 216, i 1 related to duties SCnt3.1889.c.25s.p•295•j 12.
day. retain a cer• of certain officers of fifth class cities. See.now. 141000 et seq. .
tax collected as Sections 41031 to 41033 were derived
•ollecdon expens-
infringing upon
Laurer under this
109. Chapter 4
CITY ASSESSOR
acts he and
41200. Repealed.
41201. Listing taxable property.
41202. Conformity to laws regulating county assessors.
41203. Contents of tax list.
j 41204. Verification of tax list.
! 41205. Oaths; administration.
Chapter 4 uxts added by Stats.1949,c.79,p.216,3 1• - --
Library References
Municipal Corporations e=971(2). C.S. Municipal Corporations if 2633.
tions 1494. 2043.
19
f
000jLs*
2-8.01-2-8.03
CHAPTER 8. FINANCE DIRECTOR
Sec. 2-8.01 . Creation.
The office of Finance Director is created and established.
(Ord. 7 § 1 .01 , 1979)
Sec. 2-8.02. Compensation.
The Finance Director shall receive such compensation and
expense allowance as the City Council shall from time to time
determine and such compensation shall be a proper charge
against such funds of the City as the City Council sha11 desig-
nate.
(Ord. 7 § 2.01 , 1979)
Sec. 2-8.03. Powers and duties.
The powers and duties of the Finance Director shall be as
follows:
(a) Plan and direct all activities of the Finance Depart-
ment;
(b) Plan and direct the accounting procedures necessary
to fully and accurately account for all City funds, expenditures "
and revenues and to assure the complete and accurate presenta-
tion of the City's fiscal position;
(c) Advise the City Council and department heads
regarding City finances;
(d) Prepare all financial statements and reports as
required for the function of City activities and as required by
State and Federal agencies;
(e) Plan and direct the computer data processing system -
and procedures for the city;
(f) Serve as a member of the Budget Committee in
compiling and recommending the City's annual budget to the
City Manager;
76
000170
2-8.04
(g) Assist the City Manager by conducting special
projects or research activities of a financial nature;
(h) When acting as City Treasurer to maximize the
investment return on City funds as permitted by State law;
(i) Perform related work as required.
(Ord. 7 § 3.01 , 1979)
Sec. 2-8.04. Bonding.
The Finance Director shall be required to execute the bonds
necessary for the performance of his duties.
(Ord. 7 § 4.01 , 1979)
i
77 (Atascadero 5-90)
0001'71
REPORT TO CITY COUNCIL
CITY OF ATASCADERO
T •
Through: Ray Windsor, city Manager Mtg. Date. 9/22/92
From: Henry Engen, Com. Dev. Director .de File: No: Sign Ord.
I
SUBJECT:
Adoption of a comprehensively revised Sign ordinance.
RECOMMENDATION:
Approval and adoption of Ordinance No. 255 on second reading
BACKGROUND:
On September 8, 1992, the City Council conducted a public hearing
on the above referenced subject. The council eon urred with the
Planning Commission's recommendation and approved Ordinance No. 255
on first reading
HE:ps
Attachment: Ordinance No. 255
000172
EXHIBIT B
ORDINANCE NO. 255
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
REPEALING SECTION 9-4.130 THROUGH SECTION 9-4.136 AND
SECTION 9-7.109 OF TITLE 9 AND ADDING CHAPTER 15 TO
TITLE "9 OF THE ATASCADERO `MUNICIPAL CODE REGARDING SIGNS
(Zone Change 92-006)
The City Council of the City of Atascadero does hereby ordain as
follows•
Section 1 . Section 9-4.130 through Section 9-4 .136 and
Section 9-7 .109 of the Zoning Ordinance (Title 9 of the Atascadeiro
Municipal Code) are hereby repealed.
Section 2. Chapter 15 is hereby added to Title 9 okI the
Atascadero Municipal Code to read as follows
Chapter 15. SIGN ORDINANCE
9--15.001 Title and Intent.
This Chapter shall be known and cited as the Sign Ordinance of the
City of Atascadero. This Chapter is based on the City's
responsibility to protect the general public' s health, safety and
welfare. The spirit of this Chapter is based on the City's desire
to protect the economy and aesthetics of the community.
The purpose of this Chapter is to establish sign regulations that
are intended to:
(a) Maintain and improve the aesthetic environment and overall
community appearance to foster the City' s ability to attract
sources of economic development and growth.
(b) Encourage the effective use of signs as a means of
communication in the City and reduce possible traffic and
safety hazards from confusing or distracting signs.
(c) Implement quality sign design standards. that are consistent
with the City's General Plan, Zoning Ordinance and Appearance
Review Guidelines .
(d) Enable fair and consistent enforcement of these sign
regulations.
(e) Minimize possible adverse impacts of signs on private and
public property in order to maintain property values and to
maintain a positive City image.
0001'73
ORDINANCE NO. 255
9-15 . 002 . Definitions .
(a) Sign Any visual device or representation designed or used
for communicating a message, or identifying or attracting
attention to a premise, product, service, person,
organization, business or event, not including such devices
visible only from within a building.
(b) Sign Area: The smallest area within which a single sign face
can be enclosed.
(c) Sicrn Copy: The information content of a sign, ;including text,*
illustrations, logos, and trademarks .
(d) Sicrn, Directory: A sign identifying the location of occupants
of a building or group of buildings which are divided 'into
rooms or suites used as separate offices, studios or shops.
(e) Sicrn, Exterior-Illuminated: Any sign, any pert of which is
illuminated from an exterior artificial light' source mounted
on the sign, another structure, or the ground'.
(f) Sicrn Face: The visible portions of a sign including all
characters and symbols, but excluding structural elements not
an integral part of the display.
(g) Sian, Freestanding: A sign not attached to any building and
having its own support structure.
(h) Sign, Freeway Identification: An on-site sign permitted for
a highway-oriented use.
(i) Sign Heicrht : The vertical distance from average adjacent
ground level to the top of the sign including the support
structure and any design elements .
(j) Sign, Identification: Any sign identifying an occupant,
apartment, residence, school, or church, and not advertising
any product or service .
(k) Sign, Interior-Illuminated: A sign with any ', portion of the
sign face or outline illuminated by a light', source on the
interior of the sign.
(1) Sicrn, Monument : A self-supported sign with its base on the
ground.
(m) Sign, Non-Illuminated: A sign illuminated only incidentally
by ambient light conditions .
000174
ORDINANCE NO. 255
(n) Sign, Off-Premise: A sign directing attention to a business,
service, product, or entertainment not sold or offered on the
premises on which the sign is located.
(o) Sign, Political : A sign drawing attention to, or
communicating a position on, any issue, candidate, or measure
in any national, state, or local election.
(p) Sign, Price: A sign, as may be required by State law, on the
premises of a gasoline service station, identifying the cost
and type or grade of motor fuel only.
(q) Sign, Roof: Any sign located on, or attached to, the roof of ;..
a building.
(r) Sign, Suspended: A sign attached to and located below any
permanent eve, roof, or canopy.
(s) Sign, Temporary: A sign used not more than 20 days .
(t) Sign, Wall: A single-face sign painted on or attached to a
building or wall, no part of which extends out from or above
a wall more six inches .
(u) Sign, Window: a sign displayed within a building or attached
to a
window but visible through a window or similar opening . .
for the primary purpose of exterior visibility.
9-15. 003 . Applicability.
(a) General :
1 . The provisions of this Chapter are applicable to all signs
constructed or altered after the effective date of this
Chapter.
2 . Nonconforming signs shall be revised to conform to the
provisions of this Chapter where an entitlement for
construction other than minor additions or interior
alterations is occurring or where a change of use occurs.
3 . All signs that are not specifically exempted from this Chapter
are subject to the Appearance Review Guidelines and an
approved sign permit .
4 . Neon signs visible from the public right-of-way, and change in
in signs re
co or materials for existing ns g requires Appearance
PY
Review by the Planning Division.
p�}al'75
ORDINANCE NO. 255
i
5 . The sign design standards herein are intended to be the
maximum standards allowable without an Administrative Use
Permit or Conditional Use Permit .
(b) Permits Required:
1 . No sign shall be constructed, displayed or altered without an
approved sign permit.
2 . The application requirements, processing, review and approval
for a sign permit shall be as set for in Section 9-15.009 of
this Chapter.
3 . When signs are proposed for a project subject: to entitlement
approval, a separate sign permit is not required. ` The
application for entitlement and sign shall include complete
information per Section 9-15 .009 of this Chapter, and any
other information determined to be necessary for Planning
Division review.
(c) Exempt Signs :
1 . Agricultural Signs: Unlighted, with an aggregate area of
thirty-two (32) square feet . One (1) sign per street
frontage.
2 . Construction Signs : With an aggregate area:: of forty (40)
square feet, not exceeding 8 feet in height . One (1) sign per
street frontage.
3 . Directory Signs : Wall mounted for pedestrian use, with an
aggregate area of twenty (20) square feet, not exceeding eight
(8) feet in height.
4 . Holiday Signs : Holiday and special event decorations, for a
single holiday, may be in place up to sixty (60) days.
5 . Real Estate Signs : Located on a lot for sale,'; lease or rent .
Aggregate area up to six (6) square feet. Sign must -be
removed 14 days after sale or transaction has,, occurred. One
(1) sign per street frontage.
6 . Hazard Signs : As long as a hazard exists .
7 . Residential Identification Signs: For names of occupants and
home occupations, with an aggregate area of four (4) square
feet . Apartment, condominium projects with five (5) or more
• units, and subdivisions may have an aggregate ','sign area up to
ten (10) square feet .
`x79
ORDINANCE NO. 255
8 . Window Identification Signs : With an aggregate area not
exceeding four (4) square feet, at public entrances for
business address, hours and days of operation, open or closed
signs, credit card and emergency information.
9 . Official Government Flans : Signs, flags and notices.
10 . Political Signs: With an aggregate area of thirty two (32)
square feet. Political signs may be installed up to sixty
(60) days preceding an election, and must be removed seven (7)
days following an election.
11 . Window Lettering: Limited to lettering and graphics with and
aggregate area not to exceed 50% of the window area.
12 . Landscaped Signs : Consistent with Section 9-4 .127 .
13 . Safety and Directional Sicros: With an aggregate area not
exceeding four (4) square feet . Such signs shall be
pedestrian scale and shall not display any logo, product name,
establishment, service or any other advertising.
14 . Banner or Temporary Signs: Constructed from non-permanent
material, (e.g. paper, canvas, vinyl, etc. ) for a temporary
event. Each business may have one (1) banner sign per public
street frontage, with an aggregate area of forty (40) square . -
feet .
quare . _feet . Temporary signs may be in place •for a maximum of twenty
(20) days . Temporary signs may not be put up more then once _.
every sixty (60) days. Temporary events for the purposes of
this section include grand openings, public events, sidewalk
and parking lot sales, and new product and services available.
(d) Prohibited Signs:
1 . Off-Premises Signs that direct attention to a business,
service or product not sold or offered on the premises on
which the sign is located, including billboards.
2. Abandoned Signs advertise or identify a business for whichy_no
bona fide owner, lessor, service, or activity exista and/or
are signs which are 500 or more deteriorated, damaged or
destroyed and not brought into conformance with the provisions
of this Chapter.
3 . Confusing Signs that simulate in color or design any traffic
sign, signal or which makes use of words, symbols or
characters in such a manner to interfere with, mislead, or
confuse pedestrian or vehicular traffic.
0001'7'7
ORDINANCE NO. 255
4 . Animated, moving, flashing, blinking, reflecting, glaring or
revolving, or any other similar sign, except electronic
message boards displaying time or temperature';.
5 . Roof Signs .
6 . Snipe Signs advertising temporary events such as garage sales,
rummage sales, moving sales, car washes or ';any other sign
attached to a tree, utility pole, fence post, '; etc.
7 . Changeable copy signs, except as allowed by an Administrative
Use Permit for movie theaters, arenas, stadiums, or auto
malls, or as approved by the Planning Commission for City
owned and maintained public information signs''.
8 . Vehicle Signs Signs on vehicles when the vehicle is parked or
placed for the primary purpose of displaying said sign.
9 . Portable Signs not permanently affixed to the ground or a
building, and that are not otherwise allowed in this Chapter.
10 . Inflatable Signs .
9-15 .004 . Sign Design Standards .
(a) Sign Faces Counted: Where a sign has two (2) faces containing
sign copy, which are oriented back to-back and separated by
not more than twenty-four (24) inches at any point, the area _.
of the sign shall be measured using one sign face only.
(b) Wall Mounted Letters : Where a sign is composed of letters
individually mounted or painted on a building 'wall, without a
border or decorative enclosure, the sign area'' is that of the
smallest area within which all letters and words can be
enclosed.
(c) Three-Dimensional Signs : Where a sign consist' of one or more
three-dimensional objects such as balls, cubes, clusters of
objects, or sculptural or statue-type trademarks, the sign
area shall be measured as the area of the smallest rectangle
within which the object (s) can be enclosed, when viewed from +
a point where the largest area of the object (s) can be seen.
(d) Sign Materials and Design: Signs shall utilize materials,
colors, and design motifs that are compatible with the
architecture and color of the buildings on-site and adjacent
properties . (See Appearance Review Guidelines)
. (e) Sign Messages : Sign messages shall be limited to the
0041'78
ORDINANCE NO. 255
identification of the business or the type of activity
conducted on the premises . Sign messages shall use a minimum
of graphics, letters, numbers etc. , to convey the business at
the subject location.
(f) Sicxn Programs : A master sign program must be provided for
locations with three (3) or more tenants or businesses.
(g) Franchise and Logo Signs: Businesses that are part of a
franchise or corporation may not exceed the maximum sign area
allowed in their zone including franchise or logo signs.
(h) Monument Signs : All monument signs must have either
landscaping or decorative hardscaping at their base to soften
the appearance and incorporate the signs into their
surroundings .
9-15 .005. Allowed Signs .
(a) Commercial and Industrial Zones :
The aggregate sign square footage allowed per site is 125 square
feet . This sign square footage may be divided by using more than
one type of sign, provided that the aggregate sign square footage
allowed per sign does not exceed the following standards :
1 . Wall Sign: One (1) wall sign per building face with public
street frontage (except streets adjacent to a. residential
zone) per business (up to two (2) businesses at the same
location) . Maximum size for wall signs may not exceed one (1)
square foot per lineal foot of business frontage or forty (40)
square feet, whichever is less .
2 . Monument Sign: One (1) monument sign per 200 lineal feet of
public street frontage per site (except streets adjacent to a
residential zone) . Maximum size of monument sign is not to
exceed sixty (60) square feet, and a maximum height of ten
(10) feet from the natural grade.
3 . Suspended Sign: One (1) suspended sign, with an aggregate
area not exceeding fifteen (15) square feet, and a minimum
ground clearance of eight (8) feet or as regulated by the
Uniform Sign Code.
4 . Projecting Sign: One (1) projecting sign with an aggregate
area not to exceed fifteen (15) square feet . Minimum ground
clearance must be eight (8) feet, or as regulated by the
Uniform Sign Code. Projecting signs may not be closer than
five (5) feet to a public right-of-way. .
0001'79
ORDINANCE NO. 255
5 . Tenant Sian: Centers with three (3) or more tenants may have
one (1) tenant wall sign per business street frontage (except
streets adjacent to a residential zone) . The', aggregate area
of tenant signs are not to exceed one (1) square foot per
lineal foot of business frontage, or twenty (2,,0) square feet,
whichever is less per tenant . Centers may have one (1) center
identification monument sign per 200 lineal ';feet of street
frontage, with a maximum sign area of sixty (60) square feet.
Major tenants (10, 000 square feet or more) may have 150% more
wall sign area.
6 . Freeway Signs : In addition to the signs allowed above, sites
located adjacent to Highway 101 or a Highway 10E1 frontage road
may be authorized, through Administrative Use Permit, approval
to use a freeway oriented sign as provided below:
a. Businesses located on freeway frontage of Highway 101, and
that are a restaurant, service station, provide lodging, or
are a dealer of new automobiles, may have a pole mounted
freeway oriented sign with an area not to exceed one (1)
square foot of sign area per lineal foot of freeway oriented
building frontage up to 150 square feet, whichever is less.
Pole mounted signs shall not exceed fifty (50)', feet in height
or the minimum height necessary for effective visibility (see
Section 9-15 . 006 (c) )
b. Where the principal use is a planned shopping, office or
industrial complex with five or more tenants, a building _.
mounted freeway oriented sign, which states the name of the
center or the principal tenant (s) , may be allowed with a
maximum area not to exceed one (1) square foot :for each lineal
foot of building frontage up to sixty (60) Square feet per
principal tenant, whichever is less.
C. Where the building area of a single tenant building
exceeds 10, 000 square feet, a building mounted freeway
oriented sign may be allowed with a maximum area not to exceed
one (1) square foot for each lineal foot of building frontage
up to sixty (60) square feet, whichever is less .
(b) Downtown Zones 1 - 4 :
The following signs are allowed in Downtown Zones 1 through 4 .
Each business shall be allowed one (1) square foot of sign area per
lineal foot of street or alley frontage. Such: allowance for
signage shall not be utilized on a building face '.other than the
qualifying building face. A minimum of twenty (20)'', square feet of
. signage shall be allowed for each building face :with street or
alley frontage . No building face shall contain more than fifty
000180
ORDINANCE NO. 255
(50) square feet of signage.
1 . Awnings which meet the following standards are allowed in lieu
of wall mounted signs .
a. Awnings may project five (5) feet into the public right-
of-way and must maintain a vertical clearance of eight (8)
feet, except for the valance which must maintain a vertical
clearance of no less than seven (7) feet. Poles and/or
supports for the awning may not be placed in the public right-
of-way. An encroachment permit shall be obtained for any
awning located over a public right-of-way.
b. Awning canopies and valances shall be constructed of
suitable fabric. Translucent valances and logo panels may be
constructed of other suitable materials .
c. Awning canopies shall be a dark forest green color. All
sign copy shall also be a dark forest green color. The
valance and any logo panel on the canopy shall be cream
colored. Other awning and/or lettering colors may be approved
by Administrative Use Permit .
d. The business name and address may be located on the awning
valance only. Letters, numbers, and logos located on the
valance shall not exceed eighteen (18) inches in height (the • .
address shall not be counted in the computation of sign area) .
A business logo may be located on a cream colored panel, on the
awning canopy. A business logo so located will be counted in
the computation of total sign area.
e. Awning canopies shall not extend above the roof line or
second floor level of a building. Buildings with more than
one floor may have awnings for windows on each floor. Awnings
shall not cover significant architectural features of the
building.
f. Awning canopies shall be designed with good scale and
proportion, and correspond to the individual architecture--of
each building.
g. Interior illumination of the awnings with incandescent
lighting is encouraged.
2 . Wall signs may be approved by Administrative Use Permit (see
Section 9-1. 112) where the installation of an awning is not
practical or feasible due to location, visibility, or
architectural features of the building. Wall mounted signs
shall meet the following standards:
000181
ORDINANCE NO. 255
a. Wall signs shall be located below the top', of the parapet
on single-story buildings and below the floor', sill on multi-
story buildings .
b. Wall signs shall : (1) be painted directly on the wall; (2)
consist of individual letters; or (3) consist ':of a sign panel
attached to the wall . Internally illuminated "box" signs are
not allowed.
c. Only one (1) wall sign per building face v' th frontage on
a public street or alley is allowed. In ',a multi-tenant
building, each tenant may be allowed a wall :sign of a si'ze
determined by the pro rata share of the each tenant' s street ' '
frontage.
3 . Projecting signs which do not exceed nine (9) ', square feet in
area per side are allowed. Such signs may extend no more than
three (3) feet into the public right-of-way, must maintain a
vertical clearance of eight (8) feet, and must not extend
above the top of the parapet on single-story buildings or
above the floor sill on multi-story buildings',. Only one (1)
projecting sign per tenant per building face with frontage on
a street or alley is allowed. Both sides of', the projecting
sign (s) are to be counted in the computation of allowable
total sign area.
4 . Cloth pendants containing the business name or logo are
allowed as an alternate form of projecting sign and -may be
used in multiples. The size and height standards specified
for projecting signs shall apply to pendants . Cloth or paper
signs are not allowed as wall signs .
5 . Window graphics which are painted or appliqued directly on a
window and which identify services, products, store hours,
address, business name and/or logo are allowed. The area of
window graphics shall not be counted in the calculation of
sign area, but shall not exceed twenty percent (20%) of a
store' s total window area per building face.
6 . External, incandescent lighting of permitted signs is allowed.
Such lighting must conform with the requirements of Section 9-
4 . 137 of this part. Neon signs and signs', consisting of
individual letters may utilize internal lighting.
(c) Public and Recreation Zones :
The following signs are allowed in the P, and L Zones, provided
• that the aggregate area of signs per site does 'not exceed 100
square feet .
(W2
ORDINANCE NO. 255
1 . Wall Sign: One (1) wall sign for each public street frontage
for business or tenants with a sign area maximum of 10% of the
building face or up to a maximum of forty (40) square feet,
whichever is less .
2 . Suspended Sign: One (1) suspended sign for each public street
frontage, with a maximum area of ten (10) square feet for each
business or tenant .
3 . Monument Sign: One (1) monument sign for each business per
300 lineal feet of public street frontage. Monument signs may
have a maximum sign area of forty (40) square feet, and' a
maximum height of five (5) feet from the natural grade.
(d) All Zoning Districts:
The following signs may be allowed, either by Conditional Use
Permit or Administrative Use Permit, as specified, in all zoning
districts .
1 . Community Identification Sign: Community Identification signs
may be allowed, by Conditional Use Permit, on arterial streets
entering the City with a maximum area of eighty (80) square
feet and a maximum height of twelve (12) feet . Such signs may
include the name of the City, names of civic or religious
organizations, and names and locations of City facilities. . . '
Such signs shall not contain the names of businesses of
commercial products . '
2 . Information Kiosks: Kiosks for the permanent and/or temporary
display of information including community and civic
activities, and , advertising for local commercial
establishments may be allowed. Approval of the size,
location, and maintenance requirements for such kiosks shall
be established through Administrative Use Permit.
3 . Changeable Copy Sign: Approval of the size, location,
purpose, design, and content of changeable copy signs shall
be by Conditional Use Permit or Administrative Use Permit--as
provided in Section 9-15 .003 (d) 7 .
9-15 . 006 . Exceptions to Sign Standards:
The sign area or other limitations of this Chapter may be modified,
increased or decreased through approval of an Administrative Use
Permit . In reviewing an Administrative Use Permit, the following
criteria shall be considered:
(a) The need for such signing is based on the purposes set forth
000183
ORDINANCE NO. 255
in Section 9-15 . 001; and
(b) The opportunity to combine signs for more than one use on a
single sign structure has been considered; and
(c) For freeway oriented signs, the sign area and height are the
minimum needed to achieve adequate visibility along the
freeway due to highway ramp locations and grade differences;
and
(d) Conformance with all other applicable codes and ordinances of
the City, including, but not limited to, the Zoning Ordinance,
General Plan and its several Elements, and : the Appearance
Review Guidelines .
9-15.007 . Sign Construction Standards :
(a) Illumination: Signs shall be indirectly lighted by
continuous, stationary, shielded light sources, directed
solely at the sign, or internal to it . All light sources for
signs are to be shielded so as not to be directly visible from
off-site.
(b) Code Standards: All signs established in ';this City must
comply with all current the Uniform Building Code, Uniform
Electrical Code, and Uniform Sign Code for anchoring, -
foundations, windloads, illumination, -and design standards.
Awning signs and projecting signs require structural pians .to
be done by a licensed architect or civil engineer.
9-15 . 008 . Sign Maintenance:
All signs established in this City are subject to this code
regarding safety, maintenance, and repair. All signs are to be
properly maintained in a safe and legible condition at all times.
Any sign that is 50% or more damaged or deteriorated, must be
repaired and brought into conformance with this code or removed.
Any sign not repaired and brought into conformance with this
Chapter will be presumed to be abandoned as defined in Section--
9-15 . 003 (d) 2 .
ection--
9-15 . 003 (d) 2 . _
9-15 . 009 . Sign Permit Application Package:
(a) Permit Requirements :
Applications for a sign permit for the establishment, alteration or
relocation of a sign shall be made to the City, and shall include
the following items for processing:
000184
ORDINANCE NO. 255
•
1 . Sian Application Form: Include the name and business address .
of the applicant and/or property owner and name and address of
agent if applicable, assessor parcel number, legal
description, type and number of sign (s) , applicant and
property owners signature and agent' s signature.
2 . Site Plan: Show location of all existing structures on site.
Show location of proposed sign (s) . Note distance of monument
signs to structures and public right-of-way, if applicable.
Show any grading required for monument signs.
3 . Elevations: Provide drawings of all building elevations,
specifying all dimensions of signs, including lettering,
length, height, width and depth of projecting letters if
applicable. Provide building elevations showing location of
existing and proposed signs on walls, including dimensions to
building structural features such as roof, windows, doors and
finished grade. If monument sign, show plan and side views of
proposed sign. Also provide all structural support elevations
and details.
4 . Colors and Materials Board: Provide samples of proposed
colors and materials for signs . If a master sign program is
required, provide colored drawings for proposed signs on
building wall elevations . Include manufacturer' s color and
materials names .
5. Structural Calculations : When applicable, provide all
structural calculations by a licensed architect or civil
engineer.
9-15. 010 . Non-Conforming Signs :
The use of a nonconforming sign may continue as follows:
1 . Free-Standing and Attached Signs : A nonconforming sign shall
not be:
a. Increased in area;
b. Moved from its location on the effective date of this
Title unless required by law or pursuant to this Title;
C . Be provided with increased or intensified lighting;
d. Changed to an advertisement for a business not occupying
the premises or a product not sold on the premises .
2 . Sign Copy: The advertising copy on a nonconforming sign may
000185
ORDINANCE NO. 255
be changed, except as provided by Subsections' 1, 3, and 4 of
this Section.
3 . Discontinued Use: If the use of a building or land associated
with a nonconforming sign is discontinued for a period of
three (3) months or more, any signing except for an off
premise sign shall thereafter conform to the provisions of the
Chapter.
4 . Public Nuisances : Any nonconforming sign which is found to
present a danger to the public or becomes abandoned due to
disrepair or lack of proper maintenance may'; be declared' a
public nuisance and abated as set forth in Chapter 9-8
(Enforcement) .
5 . Destroyed Siem: If a nonconforming sign is destroyed to the
extent of 50% or more of its replacement cont prior to its
destruction by fire, explosion or act of Cod, it may be
restored only if it is brought into full conformance with the
provisions of this Chapter. If the sign is ';damaged to the
extent of less than 500 of its replacement Cost, it may be
. restored to its former nonconforming status .
9-15 . 011 . Code Enforcement :
The provisions of this Chapter shall be enforced pursuant to
Section 9-8 . 101 et seq. of Title 9 .
Section 3 . Environmental Review.
The Council finds that adoption of Chapter 15 :of Title 9 will
not have a significant adverse impact on the environment . The
Negative Declaration prepared for the project is adequate.
Section 4 . 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.
000186
ORDINANCE NO. 255
Section 5 . 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 role call vote:
AYES :
NOES :
ABSENT:
DATE ADOPTED:
By:
ROBERT P . NIMMO, Mayor
City of Atascadero, California
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO CONTENT
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ART MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
00018'7
REPORT TO CITY COUNCIL
CITY OF ATASCADERO
ITE -
Through: Ray Windsor, ;City Manager Mtg. Date: 9/22/92
From: Henry Engen, Com. Dev. Director IC File No: Sign Ord.
SUBJECT.
Adoption li
p ion of ordinance amending the Zoning ordinance :text to add a
procedure for Administrative Use Permits.
RECOMMENDATION:
Approval and adoption of Ordinance No. 256 on second reading.
BACKGROUND:
On September 8, 1992, the City Council conducted a public hearing
on the above referenced subject. The Council con urred with the
Planning Commission's recommendation and approved Ordinance No. 256
on first reading.
HE:ps
Attachment: Ordinance No. 256
000188
ORDINANCZ NO. 256
AN ORDINANCZ OF THE COUNCIL OF THZ CITY OF
ATASCADZRO AMENDING THE ZONING ORDINANCE TEXT TO
ADD A PROCZDURZ FOR ADMINISTRATIVE USZ PERMITS
(ZC "92-007; City of Atascadero)
(Zone Change 92-007)
WHEREAS, the proposed text amendment is consistent with the
General Plan as required by Section 65860 of the California
Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendment will not have an impact upon
the environment. The project is categorically exempt from the
provisions of the California Environmental Quality Act; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on August 4, 1992 continued to August 18, 1992 and has
recommended approval of Zone Change 92-007.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings .
1 . The proposal is consistent with the General Plan.
2. The proposal will not result in any environmental
impacts. The project is categorically exempt from the
provisions of the California Environmental Quality Act.
Section 2. Zoning Text.
The Zoning Ordinance text is hereby amended by the repeal of
Section 9-1 .112 (Adjustment) and the addition of the language
shown on the attached Attachment A.
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
000189
ORDINANCE NO. 256
• ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered intothe 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 role call vote:
AYES :
NOES :
ABSENT:
DATE ADOPTED:
By:
ROBERT P . NIMMO, Mayor
City of Atascadero, California
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO CONTENT
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ART MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
000190
ATTACHMENT A
9-1 .112 . Administrative Use Permit :
An Administrative Use Permit is intended to allow for public review
of land use proposals which are not of sufficient magnitude or
complexity to warrant a Planning Commission hearing, but which
could have a noticeable impact in the neighborhood. It provides
flexibility in the regulation of certain standards set forth in
Chapters 9-4, 9-6 and 9-15 of this ordinance. This procedure
ensures public review of proposed uses so that they will be
compatible with existing or desired conditions in their
neighborhoods .
When Allowed: When a standard of Chapter 9-4, 9-6 or 9-15
identifies specific circumstances under which reduction or
modification of the standards may be appropriate, an applicant may
make application for an Administrative Use Permit.
Application: An Administrative Use Permit application shall be
filed with the Community Development Department as an attachment to
its respective project application, and shall include appropriate
supporting materials . Supporting shall include, but not
be limited to, a plot plan, written description of activities
proposed, rationale for relaxation or modification of the
applicable standard, and mailing labels with the names and
addresses for all property owners located within three hundred feet
_ S
' of the subject property. The Hearing Officer may require
(300 ) � P P Y
additional information as necessary.
Processing: The Community Development DepartmentartmentHearing Officer
hearing to review whether findingscan be made
shall hold a public hea g
'n
to approve the application. Notice of the hearing shall be given
to adjacent property owners as provided in Section 9-1 .110 .
Approval of the application may be made contingent upon conditions
of approval . The applicant, or any aggrieved party, may appeal the
Hearing Officer' s decision and/or conditions of approval to the
Planning Commission. The Hearing officer' s decisions shall be
final unless appealed as provided in Section 9-1 .111 of this Title.
An additional fee shall not be charged if the application for
administrative use permit is considered in conjunction with a Plot
Plan, Precise Plan or Conditional Use Permit.
Findings for Approval : An Administrative Use Permit shall be
approved only if the following Findings are made in the affirmative
by the Hearing Officer:
(a) Modification of the applicable standard will not result
in a project that is inconsistent with the General Plan;
and
000191
(b) Modification of the applicable standard will not result
. in a project that is inconsistent with the character of
the immediate neighborhood or contrary :to its orderly
development; and
(c) Modification of the applicable standard will not result
in a project that is not in compliance with any pertinent
City policy or criteria adopted by '' ordinance or
resolution of the City Council; and
(d) Modification of the applicable standard will not result
in the authorization of a use not otherwise allowed; and
(e) Any other findings deemed necessary.
000192
RESOLUTION NO. 88-92 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO AMENDING PLANNING DIVISION FEES
BY ESTABLISHING FEES FOR ADMINISTRATIVE USE PERMITS
WHEREAS, the Government Code provides that fees may be collected to
cover the cost of administering permit activity; and
WHEREAS, it is appropriate to establish fees which cover the cost
of providing services requested; and
WHEREAS, the City Council, at their meeting of September 8, 1992
and September 22, 1992, amended the Atascadero Municipal Code by
the adoption of Ordinance No. 256 which provides a simplified
process for considering Administrative Use Permits, including
adjustments and sign permits; and
WHEREAS, there are presently no provisions in the Planning Division
Fee Resolution for this new type of entitlement.
NOW, THEREFORE, be it resolved by the City Council of the City of
Atascadero:
1) Resolution No. 47-91 is hereby modified to establish new
Planning Division fees as follows:
Administrative Use Permits: $150
2) These new fees shall be effective immediately upon adoption. `
ON MOTION BY Councilperson and seconded by Council-
ted 1
the foregoing resolution is hereby ado n
Council-
person g g Y P
its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED: - = -
CITY OF ATASCADERO
By:
ROBERT P. NIMMO, Mayor
000193
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Community
Development Director
000194