HomeMy WebLinkAboutAgenda Packet 10/28/2003 19 CITY OF ATASCA DERO
CITY COUNCIL
AGENDA
TUESDAY, OCTOBER 28, 2003
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL CLOSED SESSION:
(Immediately following Redevelopment Agency Meeting and Closed
Session)
1. PUBLIC COMMENT- CLOSED SESSION
2. Call to Order
a. Conference with legal counsel pending litigation
Government Code § 54956.9 (a)
Vetter v. City of Atascadero
U.S. District Court Case No. CV01-8102GHK
b. Conference with legal counsel -anticipated litigation
Government Code § 54956.9 (b)2
Castle Rock Development of California v. City of Atascadero
3. Adjourn
4. CLOSED SESSION REPORT
REGULAR SESSION: 7:00 P.M.
1
PLEDGE OF ALLEGIANCE: Council Member O'Malley
ROLL CALL: Mayor Clay
Mayor Pro Tem Luna
Council Member Scalise
Council Member O'Malley
Council Member Pacas
INTRODUCTIONS:
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to five minutes. Please state your name and address
for the record before making your presentation. The Council may take action to direct
the staff to place a matter of business on a future agenda. A maximum of 30 minutes
will be allowed for Community Forum, unless changed by the Council.)
APPROVAL OF AGENDA: Roll Call
•
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
1. Guidance Package to Acquire Pine Mountain Property with Transfer
of Development Credits
■ Fiscal impact: None has been identified
■ City Attorney recommendation: City Council adopt the draft Resolution
establishing a procedure for processing an application for a
development agreement for the purpose of transferring development
rights on certain property located on Pine Mountain to other specified
receiver sites in Atascadero in exchange for a grant deed on same
property to the City of Atascadero. [City Attorney]
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken.)
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1. City Council Minutes -September 23, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of the meeting of September 23, 2003. [City Clerk]
2. September Disbursements — September 2003 Accounts Payable &
Payroll
■ Fiscal impact: $1,545,613.83
■ Staff recommendation: City Council approve certified City accounts
payable, payroll and payroll vendor checks for September 2003.
[Administrative Services]
3. Salary and Benefit Resolution — Non-Represented Professional,
Management Workers and Confidential Employees
■ Fiscal impact: Approximately 3% of salary for this fiscal year
(contained within the Annual Operating Budget)
■ Staff recommendation: Council:
1. Adopt draft Resolution, authorizing salaries and benefits for Non
Represented Professional and Management Workers and
Confidential Employees; and,
2. Approve Memorandum of Understanding between Local 620
Service Employees International Union (SEIU) Atascadero Chapter
and the City of Atascadero July 1, 2003 to June 30, 2005; and,
3. Adopt draft Resolution, for Paying and Reporting the Value of
Employer Paid Member Contributions (EPMC); and,
4. Approve Addendum to City Manager Employment Agreement; and
5. Approve the Salary Schedule, effective July 1, 2003. [City Manager]
4. Planned Development Zone Code Text 2003-0083 - 1200 La Costa
Court (Charnley)
■ Fiscal impact: The project would be fiscally neutral and have no
impacts on City revenues. As a general rule, residential planned
development overlay zones do not require services beyond that which
would be permitted within an underlying residential zoning district.
■ Staff recommendation: Council adopt on second reading, by title only,
the draft Ordinance, enacting Zone Code Text 2003-0083 establishing
Planned District 20. [Community Development]
5. Multi-Family Planned Development Zone Change 2002-0027-1200 La
Costa Court (Charnley)
■ Fiscal impact: The project would be fiscally neutral and have no
impacts on City revenues. As a general rule, residential planned
development overlay zones do not require services beyond that which
would be permitted within an underlying residentialzoning district.
• • Staff recommendation: Council adopt on second reading, by title only,
the draft Ordinance, enacting Zone Change 2002-0027 adding the PD-
20 zoning overlay district to an RMF-16` site. [Community
Development]
3
6. Single-Family Planned Development Zone Change 2003-0061 -2955
Chico Road (Midland Pacific, Inc.)
■ Fiscal impact: The project would be fiscally neutral and have no
impacts on City revenues. As a general rule, residential planned
development overlay zones do not require services beyond that which
would be permitted within an underlying residential zoning district.
■ Staff recommendation: Council adopt on second reading, by title only,
the draft Ordinance, enacting Zone Change 2003-0027 adding the PD-
14 zoning overlay district to an RSF-Y site.
7. Requests to Place Memorial Benches at Atascadero Lake Park
■ Fiscal impact: None. The requesting families or organizations cover
all related costs to the purchase and installation of Memorial benches.
■ Staff recommendation: Council:
1. Approve a request by Jerel Seay and friends of Kent Crow to install
a Memorial Bench at Atascadero Lake Park.
2. Approve a request by the Atascadero Women's Club to install a
Memorial Bench at Atascadero Lake Park. [Community Services]
8. Delegation of Authority for Executing CalTrans Documents
■ Fiscal impact: The adoption of this Resolution will allow future
authorizations and/or funding reimbursements to be received by the •
City on CalTrans-administered projects.
■ Staff recommendation: Council adopt the draft Resolution, authorizing
the City Manager or his designee to execute CalTrans documents.
[Public Works]
9. Summary Vacation of an Unimproved Portion of San Gabriel Road
Colony Right-of-Way & Acceptance of Final Map 2003-0060 - Parcel
Map ATAL 01-344 (LLA 2001-0032) 10051 Santa Lucia Road
(Wright/Wilson) [Public Works]
■ Fiscal impact: None.
■ Planning Commission recommendation: Council:
1. Summarily vacate a portion of San Gabriel Road colony right-of-
way; and,
2. Adjust a lot line along a portion of San Gabriel Road colony right-of-
way.
■ Staff recommendation: Council:
1. Accept Final Map 2003-0060 (Parcel Map ATAL 01-344); and,
2. Reject offer of dedication for public street and utility purposes
without prejudice to future acceptance; and,
3. Authorize City Manager to sign Grant of Easement to Southern
California Gas Company within the new right-of-way. [Public Works]
•
4
10. EI Camino Real Traffic Signal Synchronization Project Change Order
■ Fiscal impact: $42,250.00 of STIP funds.
■ Staff recommendation: Council:
1. Approve Change Order No. 2 in the amount of $42,250.00 with Lee
Wilson Electric Company for the installation of a four-camera
system on the traffic signal at the intersection of Traffic Way and El
Camino Real.
2. Authorize the City Manager to approve any additional change
orders up to 20% of the amended contract price. [Public Works]
11. Police Vehicles Purchase
■ Fiscal impact: $53,452.68. Funds are provided in the 2003/2004 City
budget.
■ Staff recommendation: Council authorize the purchase ' of two
replacement police vehicles from Wondries Fleet Division. [Police]
B. PUBLIC HEARINGS:
1. Single-Family Planned Development Zone Chance 2003-0045
Master Plan of Development (CUP 2003-0094),Vesting Tentative
Parcel Map 2003-0040 - 5516 Tunitas Avenue (Thibeault)
• ■ Fiscal impact: The project would likely have a slight negative impact
on City revenues. As a general rule, single-family dwellings require
services that exceed the revenue generated by the proposed uses.
■ Staff recommendation: Planning Commission Recommends:
1. Adopt draft Resolution A certifying Mitigated Negative Declaration
2003-0034; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2003-0045 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0094) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Parcel Map
2003-0040, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. [Community Development]
C. MANAGEMENT REPORTS:
1. Solid Waste Landfill Contract
■ Fiscal impact: Approximate revenues of $24,000.
■ Staff recommendation: Council authorize the City Manager to execute
the agreement between the City of Atascadero and Chicago Grade
Landfill, Inc. for exclusive depositing of City waste collections. [Public
• Works]
5
2. City Entry Monument Sign
■ Fiscal impact: The project would likely have no impact on City
revenues as the project installation and maintenance has been funded
through arrangements with the Atascadero Chamber of Commerce.
■ Staff recommendation: Council adopt draft Resolution establishing an
official entry monument sign at the northern entrance to the City.
[Community Development]
D. COMMITTEE & LIAISON REPORTS: (The following represent standing
committees. Informative status reports will be given,as felt necessary.):
Mayor Clay
1. Water Committees
2. County Mayor's Round Table
Mayor Pro Tem Luna
1., Finance Committee
2. Integrated Waste Management Authority (IWMA)
Council Member Scalise
1. Atascadero State Hospital Advisory Board
2. Local Agency Formation Commission(LAFCO)
3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority
(SLORTA)
Council Member O'Malley
1. Finance Committee
2. City/ Schools Committee
3. Air Pollution Control District (APCD)
4. League of California Cities - Grassroots Network
5. Economic Vitality Corporation, Board of Directors (EVC)
Council Member Pacas
1. City/ Schools Committee
2. Atascadero Youth Task Force
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURNMENT:
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Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Cheryl DeJong, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the October 28, 2003 Regular Session of the Atascadero City Council
was posted on October 21, 2003 at Atascadero City Hall, 6500 Palma Ave., Atascadero,CA 93422
and was available for public review in the Customer Service Center at that location.
Signed this 21 s'day of October 2003 at Atascadero, California.
Cheryl belong-,De y City lerk
City of Atascadero
•
7
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in
the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk (Room 311) and are available for public inspection during
City Hall business hours at the Central Receptionist counter and on our website, www.atascadero.org. An
agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts,
Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The
minutes of this meeting will reflect these numbers. All documents submitted by the public during Council
meetings that are either read into the record or referred to in their statement will be noted in the minutes and
available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a
City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-
5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time
when services are needed will assist the City staff in assuring that reasonable arrangements can be made
to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff
will give their report, and the Council will ask questions of staff. The Mayor will announce when the public
comment period is open and will request anyone interested to address the Council regarding the matter
being considered to step up to the podium. If you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Mayor •
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Mayor and Council
• All comments limited to 5 minutes (unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to
do so, and no one may speak more than twice on any item.
The Mayor will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Council
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having
business with the Council to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to -the Council's attention. A maximum of 30
minutes will be allowed for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding
the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a
written communication to the City Manager's office in City Hall prior to the deadline.
8
DATE: 10/28/2003
1918 � 19 g
Atascadero City Council
City Attorney Report
Guidance Package to Acquire Pine Mountain Property
with Transfer of Development Credits
RECOMMENDATION:
City Council adopt the draft Resolution establishing a procedure for processing an
application for a development agreement for the purpose of transferring development
rights on certain property located on Pine Mountain to other specified receiver sites in
Atascadero in exchange for a grant deed on same property to the City of Atascadero.
DISCUSSION:
The City Council recently held a public session to consider a proposal from Mr. George
Molina to trade a grant deed to specified property on Pine Mountain in exchange for
transferring the development rights to the Pine Mountain property from that property to
other sites in the City of Atascadero. The City Council indicated an approval of the
concept of transferring development rights from that site to other sites, but did not
formally approve any transfer of development credit ordinance nor select any receiver
sites. Receiver sites were reviewed for purposes of discussion only.
An ad hoc Council Committee for Open Space Acquisition consisting of Tom O'Malley
and George Luna has been meeting with the applicant to consider the merits of such a
transfer and make recommendations to this City Council. Staff has likewise had
meetings with the applicant and worked on the transfer of development credit issue in
general.
The ad hoc committee has reviewed three potential receiver sites and has reviewed the
development potential of the Pine Mountain property. Staff has come to the conclusion
that the current development rights on the Pine Mountain property are the equivalent of
8 single-family residential units. The ad hoc committee and staff have reviewed the
three potential receiver sites, namely (a) Tentative Tract Map 2557 at Coromar; (b)
Tentative Tract Map for APN 049-163-015; and (c) De Anza Estates. The ad hoc
committee and staff have also reviewed the development potential for the proposed
receiver sites. The applicant is willing to accept the following arrangement: (a) for Map
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DATE: 10/28/2003
2557, the current general plan will allow 16 units if planned according to the general
plan. The applicant is comfortable planning for this amount and including this project in
the overall development agreement. The benefit to the applicant is that a development
agreement works much like a vesting tentative map, in that the rules, regulations, fees,
policies and procedures are frozen on the project at the time of entering into the
development agreement. This provides a level of certainty that is helpful for the
developer. (b) This parcel would normally have the right to develop 2 units. The
applicant proposes to transfer 3 of the eight from the Pine Mountain property to this
location. (c) This is the De Anza project. It is already approved for its normal buildout
under the general plan. The applicant proposes to transfer the remaining 5 units that
could be developed on Pine Mountain to this receiver site.
Staff has examined the transfer of develop credit process in much detail. We have
examined examples from the County of San Luis Obispo, other entities, and we have
examined the program set up in Cambria. Planning in Cambria is handled by the
County of San Luis Obispo since Cambria is a community services district and not a
municipal entity. Staff has recommended that Atascadero not adopt a transfer of
development credit ordinance. It seems that most transfer programs break down on the
issue of the receiver sites. It is impossible to identify a reasonable number of receiver
sites in the abstract. Furthermore,.adoption of an ordinance scheme would likely create
unanticipated consequences, or, receiver sites that meet the definitions contained in the
ordinance but where no one on the staff or Council meant to make receiver sites.
There is a statutory process in the Government Code that provides for a development
agreement. Development agreements are a legal vehicle to provide for a transfer of
development credits on an ad hoc basis without creating either a program that will
produce the mention unintended consequences, or a precedent requiring that the City
allow increased density on any other sites in Atascadero. The Government Code
sections are outlined in the draft resolution. In essence, once an applicant requests that
a City consider a development application the City must, either by resolution or
ordinance, establish a procedure to consider the request. Staff recommends that we
use a resolution since the potential procedures will vary from application to application.
This will also prevent the automatic use of the procedures in situations where they are
not truly appropriate.
These Development Agreements are creatures of statute, and those statutes will be
followed. Staff recommends that the applicant be required to process all three sites
concurrently. This will prevent density creep, cut down on staff time, and ensure that the
City is examining the whole of the project all the time instead of examining it piecemeal.
The Development Agreement process does not waive CEQA provisions. This does not
mean that a new EIR will be required. That will be determined later based upon a true
initial study. In fact, though this statement does not preclude a finding that an EIR is
necessary, the City Attorney feels that it is likely that the appropriate environmental
document will be a mitigated negative declaration. This is based upon the fact that
overall development will not be increased by the use of ,the Development Agreement
process and experience shows that most of the site-specific negative environmental
2
DATE: 10/28/2003
impacts will be able to be sufficiently conditioned. That decision is not being made
tonight; the review of the information provided in and for an initial study on the whole of
the project will be determinative of what the correct environmental document is.
Staff will not be in complete control of the timelines in this matter. Since all of the three
projects will have to be reviewed and processed concurrently, some of the time frames
will be dependent upon the applicant supplying the right information and documents.
The procedure to be followed will be to have the application (for the whole of the
project) be complete, the environmental assessments done, and then depending upon
the needs of the applicant we will either have the planning commission and the City
Council review the development agreement itself and the approvals and conditions to
follow pursuant to the adoption of the development agreement, or they all will be
handled at the same time. In any event, a development agreement must be reviewed
by the Planning Commission, and then must thereafter be adopted in ordinance form by
the City Council for it to be effective.
Summary: Staff recommends the statutory procedure for adoption of a development
agreement be used to allow the City of Atascadero to obtain clear title to recreational
property on Pine Mountain in exchange for allowing the right to build the equivalent of 8
residential units on that property to be transferred to two specified receiver sites. The
ad hoc Council Committee for Open Space Acquisition recommends the exchange.
This preserves a vital recreational asset for the City without increasing overall the
negative environmental impacts of the proposed housing.
FISCAL IMPACT: None has been identified.
ALTERNATIVES:
The City Council is not required to adopt the draft resolution. Failure to do so might
deprive the City of the opportunity to obtain this valuable recreation asset, so this is not
staffs preferred recommendation
ATTACHMENT:
Draft Resolution
3
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO ESTABLISHING PROCEDURES FOR
CONSIDERATION OF A DEVELOPMENT AGREEMENT PROVIDING
FOR THE ACQUISITION OF PINE MOUNTAIN IN EXCHANGE FOR
TRANSFER OF EIGHT DEVELOPMENT CREDITS TO TWO SEPARATE
TRANSFER SITES
WHEREAS; Government Code Section 65864 provides that the lack of certainty in the
approval of development projects can result in a waste of resources,escalate the cost of housing and
other development to the consumer, and discourage investment in and commitment to
comprehensive planning which would make maximum efficient utilization of resources at the least
economic cost to the public: and
WHEREAS, said Government Code section also provides that assurances to the applicant
for a development project that upon approval of the project, the applicant may proceed with the
project in accordance with existing policies, rules and regulations, and subject to conditions of
approval, will strengthen the public planning process, encourage private participation in
comprehensive planning,and reduce the economic costs of development; and
WHEREAS; Government Code Section 65865 provides that a City may enter into a
development agreement with any person having a legal or equitable interest in real property for the
development of that property as provided in Government Code Sections 65864 et seq; and
WHEREAS; Government Code Section 65865(c) provides that every City shall, upon
request of an applicant by resolution or ordinance establish procedures and requirements for the
consideration of development agreements on application; and
WHEREAS; the Atascadero Municipal Code is silent on the process for consideration of
such applications; and
WHEREAS, George Molina has generously applied for a development agreement in
consideration of his offer to transfer ownership of certain acreage on Pine Mountain in exchange for
a transfer of the existing development rights said property to known receiver sites in the City of
Atascadero.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Atascadero
that any inconsistent prior resolution is hereby repealed.
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BE IT FURTHER RESOLVED by the City Council of the City of Atascadero that the
procedures for review of the application for this development agreement shall be as follows:
1. The applicant shall concurrently apply for, and process applications for the following four
projects:
(a) Site One, northeast corner of Coromar and Portola Road
(APN 056-111-025, 027):
Application requirements: General Plan Amendment, Rezone, Planned
Development Overlay and Tentative Tract Map (refer to Attachment 1)
Maximum project entitlement 16 single family units/lots.
(b) Site Two, 3680/3700 Colima Road (APN 049-163-013, 015)
Application requirements: General Plan Amendment, Rezone, and Tentative
Tract Map (refer to Attachment 2)
Maximum project entitlement: Five (5) lots, three (3) of which are transferred
units from the Pine Mountain property plus two (2)lots that currently exist.
(c) Site Three,Ferrocarril De Anza Estates (APN 049-011-004)
Application requirements: General Plan Amendment, Rezone, Planned
Development Overlay and Tentative Tract Map (refer to Attachment 3)
Maximum project entitlement: 20 units, five (5) additional units, all of which
are transferred units from the Pine Mountain property plus 15 lots that
currently exist.
(d) Site Four, Pine Mountain sender site (APN 028-231-003)
Application requirements: General Plan Amendment,Rezone (refer to
Attachment 4)
Maximum project entitlement: 0 units, eight (8) units will be transferred from
the Pine Mountain property leaving no development credits on the property.
2. The applications will be processed concurrently through Planning Commission and City
Council. Although applicant, staff and City all are hopeful that the applications will be
processed in due course,the City Council will review the development agreement application
no less than every twelve months to ensure that the applicant and the City are both complying
in good faith with the agreements and procedures set forth herein. Likewise, any
development agreement finally adopted pursuant to these procedures shall provide that the
agreement will be reviewed no less than every twelve months in order to assure that the
applicant has in good faith complied with the terms of the development agreement.
3. Any development agreement entered into and adopted by the City shall comply with the
terms and conditions of Government Code sections 65865.2 et seq. as well as CEQA and all
other applicable law.Any development agreement entered into and adopted by the City shall
also provide that the Pine Mountain property is to be provided to the City free and clear
immediately upon approval of the three projects, all processing fees must be paid and that
any tax advantage to the applicant is strictly at the risk of the applicant.
4. Concurrent with or prior to review of the three projects mentioned in recital number 1, the
5
Planning Commission shall consider and make recommendations upon a draft Development
Agreement providing for the transfer of development rights described above and providing
that the applicant may then proceed with the projects in accordance with the existing policies,
rules and regulations as provided in Government Code section 65864(b).
5. After review by the Planning Commission, the City Council may review the proposed
Development Agreement at its next regularly scheduled meeting.
On motion by Council Member and seconded by Council
Member ,the foregoing Resolution is hereby adopted in its entirety on the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO
Jerry L. Clay, Sr. Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
6
Attachment 1: Site One
General Plan and Zoning Amendment
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Site One
Existing General Plan: GC(General Commercial)
Proposed General Plan: SFR-X(Single Family Residential 1/z acre)
Existing Zoning: CR (Commercial Retail)
Proposed Zoning: RSF-X/PD-17(Residential Single Family 1/2 acre
with Planned Development 17 overlay district).
Maximum Density Credit: 16 single family units
Transfer Unit Credits: 0 units
7
Attachment 1a: Site One
Site Development Concept/Tentative Map
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Attachment 2: Site Two
General Plan and Zoning Amendment
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Existing General Plan: SE(Suburban Estates 2.5-10 acres)
Proposed General Plan: SFR-Y(Single Family Residential 1 acre)
Existing Zoning: RS(Residential Suburban 2.5-10 acre)
Proposed Zoning: RSF-Y(Residential Single Family 1 acre)
Maximum Density: 5 single family units
Transfer Unit Credits: 3 single family units
9
Attachment 2a: Site Two
Site Development Concept/Tentative Map
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Attachment 3: Site Three
General Plan and Zoning Amendment
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Existing General Plan: SE(Suburban Estates 2.5-10 acres)
Proposed General Plan: SFR-Y(Single Family Residential 1 acre)
Existing Zoning: RS (Residential Suburban 2.5-10 acre)
Proposed Zoning: RSF-Y/PD-16(Residential Single Family 1 acre
with a Planned Development 16 overlay zone)
Maximum Density: 20 single family units
Transfer Unit Credits: 5 single family units
11
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Attachment 4: Site Four
Site Development Concept/Tentative Map
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Site 4
Existing General Plan: RR (Rural Residential)
Proposed General Plan: OS (Open Space)
Existing Zoning: RR(Rural Residential)
Proposed Zoning: OS(Open Space)
aximum Density: 0 single family units
Transfer Unit Credits: minus 8 single family units
13
ITEM NUMBER: A- 1
DATE: 10/28/2003
19% p 18
CITY OF A TASCA DERO
CITY COUNCIL
DRAFT MINUTES
TUESDAY, SEPTEMBER 23, 2003
REDEVELOPMENT AGENCY: 6:30 P.M.
COUNCIL CLOSED SESSION:
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a. Conference with legal counsel — pending litigation
Government Code § 54956.9 (a)
Vetter v. City of Atascadero
U.S. District Court Case No. CV01-8102GHK
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced no reportable action was taken.
REGULAR SESSION: 7:00 P.M.
Mayor Clay called the meeting to order at 7:00 P.M. and Mayor Pro Tem Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Pacas; O'Malley, Scalise, Luna and Mayor Clay
Absent: None
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Others Present: City Clerk Marcia McClure Torgerson, City Treasurer Joseph
Modica
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady
Cherry, Administrative Services Director Rachelle Rickard, Public
Works Director Steve Kahn, Community Development Director
Warren Frace, Deputy Community Services Director Geoff English,
Information Technology Director Andrew Fruin, Planning Services
Manager Steve McHarris, Police Chief Dennis Hegwood and City
Attorney Roy Hanley.
COMMUNITY FORUM:
Jim Patterson reminded the Council and the audience that the Atascadero Mutual Water
Company is celebrating their 90th anniversary this Friday at the Water Company. The
open house will be from 5:00 to 8:00 p.m. and all are invited. Additionally, Mr. Patterson
informed those present that the annual Creek Day would be held Saturday, October 4th
and in conjunction with Colony Days on October 18th there will be a Creek Fair.
Eric Greening expressed concern that the minutes of the Council's strategic planning
session have not yet been approved by the Council
Raymond Jansen read from statements given by Amanda Wilcox when she appeared
before the Senate Select Committee on the California correctional system.
Mayor Clay closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation congratulating City Clerk Marcia McClure Torgerson on
achieving the designation of "Certified Municipal Clerk."
Mayor Clay presented City Clerk Torgerson with the proclamation and thanked her
for her service to the Council and the City of Atascadero.
ISI
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15
2. Proclamation declaring October 5-11, 2003 "Fire Prevention Week."
Council Member O'Malley read from the Proclamation declaring Fire Prevention
Week. Fire Captain Bill White accepted the proclamation on behalf of Fire Chief
Kurt Stone.
3. Life Saving Awards — Atascadero Police Senior Officer Keith Falerios
and Cal Poly Police Sergeant Robert Eckrote.
Police Chief Dennis Hegwood described the criteria for the Life Saving Award and
read from the citation. Senior Police Officer Franco Bechara presented the awards
to Senior Officer Falerios and Sergeant Eckrote. Senior Officer Bechara thanked the
award recipients for saving his life and also expressed his gratitude to his wife,
Senior Officer Robert Molle, Officer Jeff Wilshusen, Firefighter Tom Way and Police
Chief Hegwood.
4. Chief of Police Commendations - Sergeant Carole Robinson and Senior
Officer Terry O'Farrell.
Police Chief Dennis Hegwood spoke about the criteria for the Chief's Commendation
and presented the certificates to Sergeant Robinson and Senior Officer O'Farrell.
5. Special Recognition - Joy Ramirez & Tracy De Vita Baas.
Mayor Pro Tem Luna presented Ms. Ramirez and Ms. Baas with a special gift for
their positive efforts on behalf of the City of Atascadero.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley announced that there had been a meeting of the ad hoc
committee working on development trades for the Pine Mountain and Printery
properties.
Mayor Pro Tem Luna shared with the Council, in a PowerPoint presentation, statistics
resulting from the change made one year ago in the trash pickup and recycling
programs. (Exhibit A)
A. CONSENT CALENDAR:
1. City Council Minutes —August 12, 2003
■ City Clerk recommendation: City Council approve the City Council
minutes of August 12, 2003. [City Clerk]
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2. City Council Continued Meeting Minutes — August 13, 2003
■ City Clerk recommendation: City Council approve the City Council
Continued Meeting minutes of August 13, 2003. [City Clerk]
3. City Treasurer's Report - June 2003
■ Fiscal impact: None.
■ City Treasurer recommendation: City Council approve the City
Treasurer's report for June 2003. [City Treasurer]
4. Iniury and Illness Prevention Program
■ Fiscal impact: No direct fiscal impact, however implementation of the
IIPP does have the potential to save the City from future claims and
OSHA fines.
■ Staff recommendation: Council adopt the draft Injury and Illness
Prevention Program (IIPP). [Administrative Services]
5. Zone Change 2002-0035 The Colony at Apple Valley - Single-Family
Planned Development #19 (6025, 6049 Del Rio Road, 6100 Conejo
Road/ Midland Pacific Building Corporation)
■ Fiscal impact: The project would be fiscally neutral and have no
impacts on City revenues. As a general rule, residential planned
development overlay zones do not require services beyond that which
would be permitted within an underlying residential zoning district.
■ Staff recommendation: City Council adopt on second reading, by title
only, the attached draft Ordinance, enacting Zone Change 2002-0035
adding the PD-19 zoning overlay district to an SFR-Y site. [Community
Development]
6. Zone Change 2003-0056 Establishing Planned Development #19 The
Colony at Apple Valley - Single-Family Planned Development (6025,
6049 Del Rio Road, 6100 Conejo Road/Midland Pacific Building
Corporation)
■ Fiscal impact: The project would be fiscally neutral and have no
impacts on City revenues. As a general rule, residential planned
development overlay zones do not require services beyond that which
would be permitted within an underlying residential zoning district.
■ Staff recommendation: City Council adopt on second reading, by title
only; the draft Ordinance, enacting Zone Change 2003-0056
establishing a PD-19 zoning overlay district. [Community Development]
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7. Zone Change 2003-0054 - Commercial Park Zoning Text Amendment
■ Fiscal impact: The project would likely have no significant impact on
City revenues. As a general rule, the proposed uses are consistent
with the services and revenue generated by the existing permitted CPK
uses.
■ Staff recommendation: Council adopt on second reading, by title only,
the draft Ordinance approving Zone Change 2003-0054 based on
findings. [Community Development]
8. Acceptance of Final Map 2003-0056 - Parcel Map AT 03-0329 (TPM
2002-0034) 8105 Coromar Ave. (Holland/Nelson)
■ Fiscal impact: None.
■ Staff recommendation: Council:
1. Accept Final Map 2003-0056 (Parcel Map AT 03-0329); and,
2. Reject offer of dedication for the public utility easement without
prejudice. [Public Works]
9. Supplemental Law Enforcement Services Fund
■ Fiscal impact: $100,000. All costs are paid for by SLESF grant funds
and do not affect the general fund.
■ Staff recommendation: Council designate 2003/2004 Supplemental
Law Enforcement Services Fund (SLESF) monies for use in frontline
Police services and technology improvements. [Police Department]
Mayor Pro Tem Luna pulled Items #A-1 and 4. Eric Greening pulled Item #A-6.
MOTION: By Council Member O'Malley and seconded by Mayor Clay to
approve Items #A-2, 3, 5, 7, 8 and 9.
Motion passed 5:0 by a roll-call vote. (Item #A-5 Ordinance No.
423, Item #A-7 Ordinance No. 425)
Item #A-1: Mayor Pro Tem Luna asked the City Attorney to clarify the difference
between an abstention and silence on a vote.
City Clerk Torgerson explained that the vote in the Minutes referred by Mayor Pro Tem
Luna should have been recorded as 2:2 and it will be changed in the Minutes.
City Attorney Roy Hanley indicated that silence was simply refusing to participate in the
discussion and sitting silent while voting; in the past, this was considered an affirmative
vote. An abstention, as was the case with the item in question, is not considered a yes
vote.
Eric Greening referred to his comment on page 2 of the Minutes and asked that, upon
listening to the tape of that meeting and verification of his request, the following
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18
language be added to his comment, "As a short term measure while SLORTA considers
relocating its local route to Viejo Camino."
Item #A-4: Mayor Pro Tem Luna asked if the Hazardous Condition Report forms to be
turned into the Safety Committee could be incorporated on the City website and
available to the entire community. City Manager Wade McKinney stated that the City
is investigating complaint software to be added to the website that will allow an
individual to submit a complaint on line or to call any of the City's employees and they
could submit the complaint on the individual's behalf.
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to approve Items #A-1 (as amended) and 4.
Motion passed 5:0 by a roll-call vote.
Item#A-6: Eric Greening advised the Council that with a greater population of children
using Del Rio and adjacent streets, as well as other non-drivers, going toward EI
Camino Real and the bus stops, and the other way toward Monterey Elementary
School, there are very significant hazards that need to be on the agenda to be
mitigated.
MOTION: By Council Member Scalise and seconded by Council Member
O'Malley to approve Item #A-6.
Motion passed 5:0 by a roll-call vote. (Ordinance No. 424)
B. PUBLIC HEARINGS:
1. Single Family Planned Development Zone Change 2003-0040 - Master
Plan of Development (CUP 2003-0090), Vesting Tentative Parcel Map
2003-0036 5460 Mariquita Avenue (Jorgensen)
■ Fiscal impact: The project would likely have a slight negative impact
on City revenues. As a general rule, single-family dwellings require
services that exceed the revenue generated by the proposed uses.
■ Staff recommendation: Planning Commission Recommends:
1. Adopt Resolution A, certifying Mitigated Negative Declaration 2003-
0011; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2002-0040 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0090) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0036, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. [Community Development]
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19
Planning Services Manager Steve McHarris gave the staff report and answered
questions of Council
PUBLIC COMMENT
Tricia Jorgenson, applicant, thanked the Planning staff for their work and excellent
presentation.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member Scalise and seconded by Council Member
Pacas to adopt Resolution A, certifying Mitigated Negative
Declaration 2003-0011; and, introduce for first reading, by title
only, draft Ordinance A approving Zone Change 2002-0040
based on findings; and, adopt draft Resolution B approving the
Master Plan of Development (CUP 2003-0090) based on findings
and subject to Conditions of Approval and Mitigation
Monitoring; and, adopt draft Resolution C approving Vesting
Tentative Tract Map 2003-0036, based on findings and subject
to Conditions of Approval and Mitigation Monitoring.
Motion passed 5.0 by a roll call vote. (Resolution A —
Resolution No. 2003-041, Resolution B — Resolution No. 2003-
042, Resolution C—Resolution No. 2003-043)
2. Woodlands Specific Plan Zone Change 2003-0062; Zone Change
2003-0041, Specific Plan 2003-0001 - Vesting Tentative Tract Map
2003-0027 (R.W. Hertel & Sons)
■ Fiscal impact: The project would likely have a slight negative impact
on City revenues. As a general rule, single-family dwellings require
services that exceed the revenue generated by the proposed uses.
The project is conditioned to fund the maintenance of all streets and
landscaping to minimize the fiscal impacts to the City (Conditions 28
and 29).
■ Staff recommendation: Planning Commission Recommends:
1. Adopt draft Resolution A, certifying Mitigated Negative Declaration
2003-0026; and,
2. Introduce for first reading, by title only, draft Ordinance A
establishing Specific Plan #1 (Zone Change 2003-0062) based on
findings; and,
3. Introduce for first reading, by title only, draft Ordinance B approving
Zone Change 2003-0041, a zoning map amendment of the entire
project site to "SP-1" (Specific Plan #1) based on findings and
subject to Conditions of Approval and Mitigation Monitoring; and,
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4. Adopt draft Resolution B approving Specific Plan #1, by resolution
to include the Woodlands Specific Plan and Appendix documents
(Exhibits A — F) based on findings and subject to Conditions of
Approval and Mitigation Monitoring; and
5. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0027, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. [Community Development]
Planning Services Manager Steve McHarris gave the staff report and answered
questions of the Council
PUBLIC COMMENT
Bob Fowler, Vice President R.W. Hertel and Sons, applicant's representative, stated
their organization had a good experience working with the City staff and introduced
members of their own staff available for questions from the Council
John Knight, RRM Design, planning manager for the project, thanked City staff for the
time spent on this project. Mr. Knight gave a brief history of the project and their
decision to mitigate issues raised during the process as recommended by staff,
interested members of the public, City Council and Planning Commission. Mr. Knight
reviewed these issues and the applicant's response.
Eric Greening stated he appreciated the applicant's willingness to listen to issues raised
and felt in general this was a thoughtfully done project. He spoke about the 1:1
planting mitigation and felt under the circumstances there is more benefit in the tree
mitigation fund than in trying to find sites for seedlings on site, particularly given the lack
of wildlife corridors through the center of the project. Mr. Greening felt the mitigation
would be better applied toward easement and reforestation projects elsewhere that can
help to remedy the loss of connectivity of habitat. Additionally, he expressed the hope
that the developer would quickly open a dialogue with Mr. Lilley regarding stops for
Route 9. Mr. Greening expressed concern regarding the overall grading of the site and
the large amount of cut and fill and questioned how much topsoil, if any, would exist in
the cut areas where there would be attempts at landscaping or reforestation.
Mayor Clay closed the Public Comment period.
Mayor Clay asked the applicant to address questions raised during the Public Comment
period.
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21
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to adopt draft Resolution A, certifying Mitigated
Negative Declaration 2003-0026; and, introduce for first
reading, by title only, draft Ordinance A to establish Specific
Plan #1 (Zone Change 2003-0062) based on findings; and,
introduce for first reading, by title only, draft Ordinance B
approving Zone Change 2003-0041, a zoning map amendment
of the entire project site to "SP-1" (Specific Plan #1) based on
findings and subject to Conditions of Approval and Mitigation
Monitoring; and, adopt draft Resolution B approving Specific
Plan #1, by resolution to include the Woodlands Specific Plan
and Appendix documents (Exhibits A — F) based on findings
and subject to Conditions of Approval and Mitigation
Monitoring, with changes to Specific Plan and conditions of
approval as identified in applicant memorandum dated 9/12/03
as modified by staff, and revised Exhibit F; and adopt draft
Resolution C approving Vesting Tentative Tract Map 2003-
0027, based on findings and subject to Conditions of Approval
and Mitigation Monitoring.
Motion passed 5:0 by a roll-call vote. (Resolution A —
Resolution No. 2003-0044, Resolution B —Resolution No. 2003-
045, Resolution C—Resolution No.2003-046)
C. MANAGEMENT REPORTS:
1. Entrance to Stadium Park - Negotiations for Purchase of Property
■ Fiscal impact: $50,000 from the Tree Mitigation Fund, if the Council
reconfirms its previous action to provide $25,000 for the purchase, and
authorizes that an additional $25,000 be granted toward the purchase.
■ Staff recommendation: Council review its participation with the
Atascadero Land Preservation Society in the purchase of property at
the entrance to Stadium Park, currently owned by Ms. Nellie Kennedy,
and give staff direction on how to proceed. [City Manager]
Community Services Director Brady Cherry gave the staff report and answered
questions of Council
Mayor Pro Tem Luna clarified that the City did not give ALPS $25,000 for this project
and read from documents verifying this position. He is concerned that this is Tree Fund
money that is to be used for protecting and preserving trees, and using it for the
purchase of kiosk's, right of ways, roads, etc. does not provide a nexus and is either
illegal or unethical. He would oppose any efforts by the City to use Tree Fund money
for anything other than preserving and protecting trees and is pleased that ALPS was
able to purchase this property.
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22
PUBLIC COMMENT
Eric Greening, thanked ALPS for purchasing this property and felt it was an important
9
visual backdrop to the City and important for natural recruitment of native trees. He
questioned what would be the public process from this point on for planning the use and
design of Stadium Park.
Mayor Clay closed the Public Comment period.
No action was taken on Item #C-1.
2. SMARA Compliance Report - Millhollin Mine - CUP 96003
■ Fiscal impact: None.
■ Staff recommendation: Council direct staff to take the additional
actions 3, 4, 5 and 6 as described in Table 1 of the staff report.
[Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council
PUBLIC COMMENT
Bob Tartaglia, engineer and representative of mine owner, made several comments on
the project: 1) phasing is impossible, because all the phases are tied together, 2) Mr.
Millhollin would close and reclaim if the City would provide him with the flexibility to work
in phase 2 in order to finish phase 1, 3) Reclaiming is directly affected by phasing and in
the end there will be enough topsoil to re-vegetate as it should be done, and 4) tree
planting is not to be phased, the reclamation plan states that he shall plant 50 oak trees
at the close of the mine. Mr. Tartaglia answered questions of Council.
Vicky Rabourn, representative of the Santa Lucia Neighborhood Association, read a
prepared statement about their concerns with the continued violations and lack of
compliance with the Reclamation Plan and Operations Agreement. (Exhibit B)
Geraldine Brasher asked why penalties for non-compliance have not been enforced.
Mayor Clay closed the Public Comment period.
MOTION: By Council Member Scalise that Council adopt an updated phasing
schedule that would address the mining and reclamation schedule
for each phase, and require at this time an updated restoration cost
estimate, and to report back to Council by December 10, 2003.
Motion failed for lack of a second.
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23
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
O'Malley to direct staff to take the additional actions 3, 4, 5 and
6 as described in Table 1 of the staff report and that under
staff recommendation #3 the Council request an updated
phasing schedule that would address the mining and
reclamation schedule for each phase and require the
completion of phase 1 before going on to phase 2 and 3, and
that the financial assurance be increased, and a restoration
cost estimate from the mine operator for staff's review and
then for staff to come back for an update, and that the City
Attorney look into a land use ordinance that would deal with
the cost of the extraction operations on the City roads and
require a fee if appropriate, with a time frame of December 9,
2003 for this item to be placed on the Council agenda.
Motion passed 3:2 by a roll-call vote. (Scalise, Clay opposed)
Council Member Scalise and Mayor Clay expressed concern regarding the requirement
to complete phase 1 before proceeding to the subsequent phases.
D. ATTORNEY REPORTS:
1. Revising Procedures for Imposition of Business License Taxes
■ Fiscal impact: None has been identified, although there is some
savings in staff time contemplated.
■ City Attorney recommendation: City Council introduce for first reading,
by title only, the draft Ordinance revising the procedures for imposition
and collection of business taxes in the City of Atascadero.
City Attorney Roy Hanley gave the staff report and answered questions of Council.
PUBLIC COMMENT- None
MOTION: By Mayor Pro Tem Luna and seconded by Council Member
Scalise to introduce for first reading, by title only, the draft
Ordinance revising the procedures for imposition and
collection of business taxes in the City of Atascadero.
Motion passed 5:0 by a roll-call vote.
2. Definition of Auto Dealer and Introduction of Permanent Ordinance
to Same Effect
■ Fiscal impact: None identified.
■ City Attorney recommendation: Council introduce for first reading, by
title only, draft Ordinance amending the definition of "auto dealer" in
the Atascadero Municipal Code.
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24
City Attorney Roy Hanley clarified this item and answered questions of Council
PUBLIC COMMENT: None
MOTION: By Council Member Scalise and seconded by Mayor Clay to
introduce for first reading, by title only, draft Ordinance
amending the definition of "auto dealer" in the Atascadero
Municipal Code.
Motion passed 5:0 by a roll-call vote.
E. COMMITTEE & LIAISON REPORTS:
Mayor Pro Tem Luna
1. Integrated Waste Management Authority (IWMA): Discussed legislation to be
signed by the Governor including raising the redemption value on bottles and
cans.
Council Member Scalise
1. Local Agency Formation Commission (LAFCO): Council Member Scalise will
be attending the California State conference in San Francisco.
Council Member O'Malley
1. City / Schools Committee: Agreed with the School to reinstate the resource
officer— schools to pay 80%, City 20%.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Clerk
City Clerk Torgerson thanked Council for the earlier recognition and for the
support she has had during the three-year training program.
City Manager
City Manager McKinney reported on an EOC meeting regarding the Homeless
Shelter. A draft budget has been developed in the amount of $381,000, $25,000
to be one-time start up costs in the first year only. The annual budget will be
$200,000 with in kind value of services from ECHO at approximately $160,000.
There will potentially be funds available from the County. Mr. McKinney
discussed Paso Robles participation, the need for a CUP and other issues
related to the shelter.
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25
G. ADJOURNMENT:
Mayor Clay adjourned the meeting at 10:37 p.m. to the next regularly scheduled
meeting on October 14, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
The following exhibits are available for review in the City Clerk's office:
Exhibit A— Mayor Pro Tem Luna, PowerPoint presentation
Exhibit B - Vicky Rabourn, prepared statement
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26
ITEM NUMBER: A — 2
• DATE: in12812nn3
i9Ya ■ 1e e
A tascadero City Council
Staff Report - Administrative Services Department
September 2003 Accounts Payable and Payroll
RECOMMENDATION:
Council approve certified City accounts payable, payroll and payroll vendor checks for
September 2003.
DISCUSSION:
Attached for City Council review and approval are the following:
Payroll
Dated 9/11/03 Checks # 17806 - 17885 $ 101,091.46
Direct Deposits 104,921.40
Dated 9/25/03 Checks # 17886 - 17965 87,399.38
Direct Deposits 104,897.56
Accounts Payable
Dated 9/11/03 - 9/30/03 Checks # 91194 - 91666
& EFTs 222, 224-226 1 ,147,304.03
TOTAL AMOUNT $ 1 ,545,613.83
FISCAL IMPACT:
Total expenditures for all funds is $ 1 ,545;613.83
CERTIFICATION:
The undersigned certifies that the attached demands have been released for payment
and that funds are available for these deman
Rachelle Rickard, Director of Administrative Services
Approved by the City Council at a meeting held October 28, 2003.
Marcia McClure Torgerson, C.M.C., City Clerk
ATTACHMENT:
September 2003 Eden Warrant Register in the amount of $ 1 ,147,304.03
27
City of Atascadero
Disbursement Listing
For the Month of September 2003
Check Check
Number Date Vendor Description Amount AM
222 9/2/2003 MID-STATE BANK Payroll Vendor Payment 30,320.27
224 9/4/2003 MID-STATE BANK Accounts Payable Check 167.22
91194 9/4/2003 HYATT REGENCY SACRAMENTO Accounts Payable Check 538.74
91195 9/4/2003 HYATT REGENCY SACRAMENTO Accounts Payable Check 538.74
91196 9/4/2003 HYATTREGENCY SACRAMENTO Accounts Payable Check 538.74
91197 9/4/2003 LEAGUE OF CALIFORNIA CITIES Accounts Payable Check 128.00
91198 9/4/2003 LEAGUE OF CALIFORNIA CITIES Accounts Payable Check 420.00
91199 9/4/2003 LEAGUE OF CALIFORNIA CITIES Accounts Payable Check 420.00
91200 9/4/2003 MARCIA TORGERSON Accounts Payable Check 100.00
91201 9/5/2003 ACTION TOWING Accounts Payable Check 392.50
91202 9/5/2003 ATASCADERO COMMUNITY Accounts Payable Check 1,417.44
91203 9/5/2003 ATTORNEY SERVICE OF SLO Accounts Payable Check 31.65
91204 9/5/2003 JACK BRIDWELL Accounts Payable Check 11,090.00
91205 9/5/2003 CALIFORNIA CODE CHECK Accounts Payable Check 3,441.64
91206 9/5/2003 CTM GROUP,INC. Accounts Payable Check 204.75
91207 9/5/2003 DAVID TAUSSIG&ASSOCIATES,INC Accounts Payable Check 1,818.
91208 9/5/2003 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,309
91209 9/5/2003 DIAMONDBACK TACTICAL Accounts Payable Check 1,955.00
91210 9/5/2003 EDEN SYSTEMS,INC. . Accounts Payable Check 9,186.44
91211 9/5/2003 EL CAMINO VETERINARY HOSP Accounts Payable Check 66.00
91212 9/5/2003 ELDER&ELDER LTD. Accounts Payable Check 510.00
91213 9/5/2003 KANDIE FIELDS Accounts Payable Check 1.23
91214 9/5/2003 GATEWAY COMPANIES,INC. Accounts Payable Check 3,028.77
91215 9/5/2003 GEM AUTO PARTS Accounts Payable Check 265.13
91216 9/5/2003 GLOBAL ALLIANCE Accounts Payable Check 195.00
91217 9/5/2003 INFORMATION TECHNOLOGY Accounts Payable Check 167.65
91218 9/5/2003 L.C.ACTION POLICE SUPPLY LTD Accounts Payable Check 793.32
91219 9/5/2003 L.N.CURTIS&SONS Accounts Payable Check 4,794.08
91220 9/5/2003 LEONARD J.LA CASTO Accounts Payable Check 51.00
91221 9/5/2003 JASON LECLAIR Accounts Payable Check 10.00
91222 9/5/2003 STEVE MCHARRIS Accounts Payable Check 259.80
91223 9/5/2003 WADE MCKINNEY Accounts Payable Check 43.30
91224 9/5/2003 NORTH COAST ENGINEERING INC. Accounts Payable Check 19,938.50
91225 9/5/2003 NORTH COUNTY NEWSPAPERS Accounts Payable Check 8040
28
City of Atascadero
Disbursement Listing
For the Month of September 2003
Check Check
Agski.mber Date Vendor Description Amount
91226 9/5/2003 PACIFIC GAS AND ELECTRIC Accounts Payable Check 3,239.82
91227 9/5/2003 POLICE DEPARTMENT PETTY CASH Accounts Payable Check 298.12
91228 9/5/2003 SCOTT E.PIPAN Accounts Payable Check 471.35
91229 9/5/2003 POSTAL PRIVILEGE Accounts Payable Check 303.60
91230 9/5/2003 RANGE MASTERS Accounts Payable Check 590.88
91231 9/5/2003 RONALD GLENN RIDER Accounts Payable Check 7.30
91232 9/5/2003 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 24,722.81
91233 9/5/2003 SAN LUIS OBISPO LITERACY COUNC Accounts Payable Check 1,250.00
91234 9/5/2003 SANTA MARIA TIRE,INC. Accounts Payable Check 33.00
91235 9/5/2003 SBC Accounts Payable Check 376.74
91236 9/5/2003 THOMA ENGINEERING,INC. Accounts Payable Check 1,725.00
91237 9/5/2003 U.S.ARMOR CORPORATION Accounts Payable Check 5,359.83
91238 9/5/2003 WILLIAM AVERY&ASSC.,INC. Accounts Payable Check 1,335.76
91239 9/5/2003 A-JAY EXCAVATING,INC. Accounts Payable Check 7,080.00
91240 9/5/2003 ABBEY GROUP CONSULTANTS Accounts Payable Check 11,125.05
91241 9/5/2003 AGP VIDEO Accounts Payable Check 23.00
91242 9/5/2003 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 1,125.24
91243 9/5/2003 BRIAN ALLEE Accounts Payable Check 194.04
91244 9/5/2003 ALLIANCE TOWING Accounts Payable Check 100.00
91245 9/5/2003 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 1,159.58
91246 9/5/2003 MELINDA ALVARADO Accounts Payable Check 50.00
91247 9/5/2003 AMERICAN SANITATION Accounts Payable Check 132.99
91248 9/5/2003 PAULA ANTON Accounts Payable Check 300.00
91249 9/5/2003 ARAMARK UNIFORM SERVICES Accounts Payable Check 189.83
91250 9/5/2003 ASAP REPROGRAPHICS Accounts Payable Check 14.22
91251 9/5/2003 AT&T Accounts Payable Check 38.62
91252 9/5/2003 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 17,901.13
91253 9/5/2003 ATASCADERO FORD Accounts Payable Check 4,252.20
91254 9/5/2003 AVAYA INC. Accounts Payable Check 22.41
91255 9/5/2003 BATTERY SYSTEMS Accounts Payable Check 149.12
91256 9/5/2003 CINDY K.BENSON Accounts Payable Check 108.50
91257 9/5/2003 BEST BEST&KRIEGER LLP Accounts Payable Check 259.16
91258 9/5/2003 BLUE RIDGE MEDICAL INC Accounts Payable Check 234.24
91259 9/5/2003 BRADS OVERHEAD DOORS,INC. Accounts Payable Check 55.00
91260 9/5/2003 BRADSHAW CONSULTING SERV.,INC Accounts Payable Check 1,176.00
91261 9/5/2003 TERRY BUCKLEY Accounts Payable Check 109.48
29
City of Atascadero
Disbursement Listin>;
For the Month of September 2003
Check Check
Number Date Vendor Description Amount
91262 9/5/2003 DALE A.BYWATER Accounts Payable Check 2,750.0
91263 9/5/2003 CAL AG Accounts Payable Check 102.08
91264 9/5/2003 CAL-COAST REFRIGERATION,INC Accounts Payable Check 176.84
91265 9/5/2003 CALIF DEPT OF FORESTRY&FIRE Accounts Payable Check 30.00
91266 9/5/2003 CALIFORNIA CODE CHECK Accounts Payable Check 2,944.00
91267 9/5/2003 CALIFORNIA PARKS&RECREATION Accounts Payable Check 161.26
91268 9/5/2003 CANNON ASSOCIATES Accounts Payable Check 650.00
91269 9/5/2003 CENTRAL COAST PATHOLOGY Accounts Payable Check 60.00
91270 9/5/2003 CHEM CLEAN Accounts Payable Check 95.19
91271 9/5/2003 BRADY CHERRY Accounts Payable Check 324.49
91272 9/5/2003 CHICAGO GRADE LANDFILL Accounts Payable Check 20.00
91273 9/5/2003 CITY OF SAN LUIS OBISPO Accounts Payable Check 93,278.00
91274 9/5/2003 CLASSIC COACH WERKS Accounts Payable Check 57.15
91275 9/5/2003 JERRY L.CLAY Accounts Payable Check 75.00
91276 9/5/2003 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 35.00
91277 9/5/2003 CMI,INC. Accounts Payable Check 89.23
91278 9/5/2003 COASTLINE EQUIPMENT Accounts Payable Check 2,423.6
91279 9/5/2003 CONTINENTAL LABOR RESOURCES Accounts Payable Check 2,964.6
91280 9/5/2003 COOPERATIVE PERSONNEL SERVICES Accounts Payable Check 485.85
91281 9/5/2003 VOID Accounts Payable Check 0.00
91282 9/5/2003 COUNCIL ON EDUCATION IN MGMNT Accounts Payable Check 1,799.00
91283 9/5/2003 COUNTRY COPY Accounts Payable Check 48.26
91284 9/5/2003 CPRS Accounts Payable Check 239.00
91285 9/5/2003 CRYSTAL SPRINGS WATER Accounts Payable Check 89.50
91286 9/5/2003 CWEA Accounts Payable Check 150.00
91287 9/5/2003 D.A.R.E.AMERICA MERCHANDISE Accounts Payable Check 540.00
91288 9/5/2003 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 95.00
91289 9/5/2003 DARRYL'S LOCK AND SAFE Accounts Payable Check 133.58
91290 9/5/2003 DECOU LUMBER COMPANY Accounts Payable Check 107.11
91291 9/5/2003 DIRECT SHRED Accounts Payable Check 32.76
91292 9/5/2003 DONALD JACOBS DISTRIBUTING Accounts Payable Check 1,544.40
91293 9/5/2003 DOOLEY ENTERPRISES INC Accounts Payable Check 1,072.50
91294 9/5/2003 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 60,250.00
91295 9/5/2003 FARM SUPPLY COMPANY Accounts Payable Check 51.45
91296 9/5/2003 FERRELL'S AUTO REPAIR Accounts Payable Check 185
30
City of Atascadero
Disbursement Listing
For the Month of September 2003
Check Check
AllikNumber Date Vendor Description Amount
91297 9/5/2003 FGL ENVIRONMENTAL Accounts Payable Check 129.60
91298 9/5/2003 KANDIE FIELDS Accounts Payable Check 8.57
91299 9/5/2003 FIRE MAINTENANCE COMPANY,LLC Accounts Payable Check 246.00
91300 9/5/2003 FISHER SCIENTIFIC Accounts Payable Check 101.83
91301 9/5/2003 WARREN FRACE Accounts Payable Check 300.00
91302 9/5/2003 GEM AUTO PARTS Accounts Payable Check 116.59
91303 9/5/2003 GIBBS INTERNATIONAL TRUCKS Accounts Payable Check 142.86
91304 9/5/2003 KENNETH GLYNN Accounts Payable Check 88.20
91305 9/5/2003 GRISANTI HARDWARE Accounts Payable Check 22.81
91306 9/5/2003 H.D.PETERSON Accounts Payable Check 2,054.60
91307 9/5/2003 MEREDITH HENDRICKSON Accounts Payable Check 180.00
91308 9/5/2003 HINDERLITER,DE LLAMAS Accounts Payable Check 1,574.13
91309 9/5/2003 HOBBY SHOP Accounts Payable Check 765.27
91310 9/5/2003 ICE TEES Accounts Payable Check 719.11
91311 9/5/2003 INDUSTRIAL MEDICAL CENTER OF Accounts Payable Check 1,131.00
91312 9/5/2003 INGLIS PET HOTEL Accounts Payable Check 76.68
91313 9/5/2003 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 228.34
91314 9/5/2003 JIFFY LUBE#1932 PCJL,.INC. Accounts Payable Check 59.89
91315 9/5/2003 K-MART Accounts Payable Check 152.28
91316 9/5/2003 STEVEN KAHN Accounts Payable Check 300.00
91317 9/5/2003 LESLYN KEITH Accounts Payable Check 49.00
91318 9/5/2003 KEN'S MOBIL SERVICE Accounts Payable Check 1,647.43
91319 9/5/2003 L.N.CURTIS&SONS Accounts Payable Check 119.53
91320 9/5/2003 LEONARD J.LA CASTO Accounts Payable Check 340.00
91321 9/5/2003 LCD AUTOMOTIVE Accounts Payable Check 145.61
91322 9/5/2003 GEORGE W.LUNA Accounts Payable Check 75.00
91323 9/5/2003 ROSEMARY S.LUSARDI Accounts Payable Check 201.60
91324 9/5/2003 LYNDON'S AUTOMOTIVE Accounts Payable Check 505.90
91325 9/5/2003 MCALLISTER OFFICE PAVILION Accounts Payable Check 11,847.22
91326 9/5/2003 WADE MCKINNEY Accounts Payable Check 500.00
91327 9/5/2003 MCMASTER-CARR SUPPLY CO. Accounts Payable Check 339.35
91328 9/5/2003 MID-COAST GEOTECHNICAL,INC. Accounts Payable Check 770.00
91329 9/5/2003 MID-COAST MOWER&SAW Accounts Payable Check 214.36
91330 9/5/2003 MINER'S ACE HARDWARE Accounts Payable Check 230.48
91331 9/5/2003 MIRACLE RECREATION EQUIPMENT Accounts Payable Check 4,797.71
91332 9/5/2003 MISSION COLLEGE PREP Accounts Payable Check 250.00
31
City of Ataseadero
Disbursement Listing
For the Month of September 2003
Check Check
Number Date Vendor Description Amount
Alft
91333 9/5/2003 MISSION UNIFORM SERVICE Accounts Payable Check 84,0
91334 9/5/2003 MMASC Accounts Payable Check 24.99
91335 9/5/2003 MICHAL S.MOSES Accounts Payable Check 745.88
91336 9/5/2003 DAVID MUEHLHAUSEN Accounts Payable Check 38.16
91337 9/5/2003 NORTH COAST ENGINEERING INC. Accounts Payable Check 1,583.50
91338 9/5/2003 NORTH COUNTY GLASS Accounts Payable Check 44.31
91339 9/5/2003 TERRY O'FARRELL Accounts Payable Check 187.11
91340 9/5/2003 THOMAS P.O'MALLEY Accounts Payable Check 75.00
91341 9/5/2003 BECKY J.PACAS Accounts Payable Check 75.00
91343 9/5/2003 PACIFIC GAS AND ELECTRIC Accounts Payable Check 36,200.42
91344 9/5/2003 KATHLEEN A.PENCE Accounts Payable Check 4,452.50
91345 9/5/2003 PERRY'S PARCEL SERVICE Accounts Payable Check 131.25
91346 9/5/2003 PETE JOHNSTON CHEVROLET Accounts Payable Check 260.94
91347 9/5/2003 FIRE DEPARTMENT PETTY CASH Accounts Payable Check 82.25
91348 9/5/2003 POLICE DEPARTMENT PETTY CASH Accounts Payable Check 136.88
91349 9/5/2003 PG&E Accounts Payable Check 27.87
91350 9/5/2003 POOR RICHARD'S PRESS Accounts Payable Check 66.1
91351 9/5/2003 POSTAL PRIVILEGE Accounts Payable Check 33
91352 9/5/2003 PRO MOTION Accounts Payable Check 399.99
91353 9/5/2003 PROCARE JANITORIAL SUPPLY Accounts Payable Check 214.77
91354 9/5/2003 QUILL CORPORATION Accounts Payable Check 751.01
91355 9/5/2003 RADIO SHACK CORPORATION Accounts Payable Check 66.76
91356 9/5/2003 RAINBOW TOWING Accounts Payable Check 41.00
91357 9/5/2003 BILL RAINWATER Accounts Payable Check 102.00
91358 9/5/2003 RICK BUTLER BUSINESS MACHINES Accounts Payable Check 129.63
91359 9/5/2003 RACHELLE RICKARD Accounts Payable Check 300.00
91360 9/5/2003 JOHN RODGERS Accounts Payable Check 90.00
91361 9/5/2003 STEVE ROMO Accounts Payable Check 102.00
91362 9/5/2003 RRM DESIGN GROUP Accounts Payable Check 2,161.15
91363 9/5/2003 RTC R THOMPSON CONSULTING Accounts Payable Check 2,250.00
91364 9/5/2003 SAFETY-KLEEN INC. Accounts Payable Check 192.65
91365 9/5/2003 SAN LUIS PERSONNEL INC. Accounts Payable Check 3,011.40
91366 9/5/2003 SAN LUIS SURGICAL SUPPLY Accounts Payable Check 100.82
91367 9/5/2003 SAN LUIS VIDEO SYSTEMS Accounts Payable Check 2,499.73
91368 9/5/2003 SANTA MARIA TIRE,INC. Accounts Payable Check 41
10
32
City of Ataseadero
Disbursement Listing
For the Month of September 2003
Check Check
Aftw.mber Date Vendor Description Amount
91369 9/5/2003 SBC Accounts Payable Check 114.68
91370 9/5/2003 WENDY SCALISE Accounts Payable Check 75.00
91371 9/5/2003 LISETTE SCHOLL Accounts Payable Check 172.20
91372 9/5/2003 SCMAF Accounts Payable Check 90.00
91373 9/5/2003 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 15.00
91374 9/5/2003 JOHN SIEMENS Accounts Payable Check 307.60
91375 9/5/2003 SHANNON SIMS Accounts Payable Check 25.36
91376 9/5/2003 VOID Accounts Payable Check 0.00
91377 9/5/2003 DAVID L.SMAW Accounts Payable Check 204.00
91378 9/5/2003 SOLUTIONS 4 SURE.COM,INC. Accounts Payable Check 241.96
91379 9/5/2003 SUNLIGHT JANITORIAL Accounts Payable Check 1,259.70
91380 9/5/2003 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 193.75
91381 9/5/2003 TALLEY COMMUNICATIONS Accounts Payable Check 4,073.37
91382 9/5/2003 TEMPLETON UNIFORMS Accounts Payable Check 193.78
91383 9/5/2003 TESORO CAR WASH Accounts Payable Check 75.00
91384 9/5/2003 U.S.POSTMASTER Accounts Payable Check 150.00
91385 9/5/2003 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 635.91
91386 9/5/2003 TOM VELASQUEZ Accounts Payable Check 212.00
91387 9/5/2003 VERIZON WIRELESS Accounts Payable Check 97.96
91388 9/5/2003 VON'S GROCERY STORE Accounts Payable Check 157.44
91389 9/5/2003 TOM WAY Accounts Payable Check 60.00
91390 9/5/2003 WAYCO FIRE PROTECTION&SAFETY Accounts Payable Check 58.00
91391 9/5/2003 NANCY E.WEBBER,PH.D. Accounts Payable Check 290.00
91392 9/5/2003 WESTERN JANITOR SUPPLY Accounts Payable Check 216.80
91393 9/5/2003 SUSAN WICH Accounts Payable Check 42.00
91394 9/5/2003 WILLDAN Accounts Payable Check 5,300.00
91395 9/5/2003 WILLIAM AVERY&ASSC.,INC. Accounts Payable Check 6,298.12
91396 9/5/2003 WULFING'S POLYGRAPH SERVICE Accounts Payable Check 1,050.00
91397 9/9/2003 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 65,311.24
91398 9/9/2003 CANADA LIFE ASSURANCE CO Payroll Vendor Payment 782.99
91399 9/9/2003 COLONIAL LIFE&ACCIDENT INS. Payroll Vendor Payment 1,477.20
91400 9/9/2003 CPIC LIFE Payroll Vendor Payment 1,534.50
91401 9/9/2003 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 7,335.44
91402 9/9/2003 EQUITABLE LIFE Payroll Vendor Payment 348.88
91403 9/11/2003 ATASCADERO FIRE DEPT EMP.ASSN
Payroll Vendor Payment 240.00
33
City of Ataseadero
Disbursement Listing
For the Month of September 2003
Check Check
Number Date Vendor Description Amount
91404 9/11/2003 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 35.0
91405 9/11/2003 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 399.50
91406 9/11/2003 FAMILY SUPPORT DIVISION Payroll Vendor Payment 259.84
91407 9/11/2003 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 9,565.48
91408 9/11/2003 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 644.08
91409 9/11/2003 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,969.14
91410 9/11/2003 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 525.00
91411 9/11/2003 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00
91412 9/11/2003 NATIONAL DEFERRED COMPENSATION Payroll Vendor Payment 1,008.19
91413 9/11/2003 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 32.31
91414 9/11/2003 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 26,059.35
91415 9/11/2003 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 509.08
91416 9/11/2003 SLO CREDIT UNION Payroll Vendor Payment 625.00
91417 9/11/2003 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00
225 9/16/2003 MID-STATE BANK Payroll Vendor Payment 37,846.89
91418 9/16/2003 CENTRAL COAST WEDDING Accounts Payable Check 200.00
91419 9/16/2003 GIBBS SECURITY GATES Accounts Payable Check 2,077
91420 9/18/2003 EMPLOYMENT DEV.DEPARTMENT Accounts Payable Check 6,551.00
91421 9/19/2003 ACTION TOWING Accounts Payable Check 701.40
91422 9/19/2003 KEITH AGGSON Accounts Payable Check 120.00
91423 9/19/2003 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 329.45
91424 9/19/2003 ALLAN HANCOCK COLLEGE Accounts Payable Check 141.50
91425 9/19/2003 MICHAEL J.ALOI Accounts Payable Check 175.00
91426 9/19/2003 ARAMARK UNIFORM SERVICES Accounts Payable Check 135.99
91427 9/19/2003 ARBOR TREE SURGERY Accounts Payable Check 950.00
91428 9/19/2003 AT&T Accounts Payable Check 27.35
91429 9/19/2003 ATASCADERO 101 ASSOCIATES Accounts Payable Check 85,222.37
91430 9/19/2003 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 25,000.00
91431 9/19/2003 ATASCADERO FORD Accounts Payable Check 80.71
91433 9/19/2003 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 16,656.60
91434 9/19/2003 ANN BANKS Accounts Payable Check 80.00
91435 9/19/2003 BANNERS UNLIMITED Accounts Payable Check 424.55
91436 9/19/2003 BRUCE BARNHARD Accounts Payable Check 1,340.0
91437 9/19/2003 BATTERY SYSTEMS Accounts Payable Check 16jo
34
City of Ataseadero
Disbursement Listing
For the Month of September 2003
Check Check
0umber Date Vendor Description Amount
91438 9/19/2003 BEST WESTERN COLONY INN Accounts Payable Check 165.70
91439 9/19/2003 BEVERIDGE&DIAMOND,P.C. Accounts Payable Check 1,324.37
91440 9/19/2003 BOUND TREE MEDICAL,LLC Accounts Payable Check 147.67
91441 9/19/2003 BRENDLER JANITORIAL SERVICE Accounts Payable Check 830.00
91442 9/19/2003 BURTON'S FIRE APPARATUS Accounts Payable Check 254.05
91443 9/19/2003 BYRON BUSINESS FORMS Accounts Payable Check 25.00
91444 9/19/2003 CAL-COAST MACHINERY,INC Accounts Payable Check 205.69
91445 9/19/2003 CALIFORNIA CODE CHECK Accounts Payable Check 40,900.26
91446 9/19/2003 CALIFORNIA PARKS&RECREATION Accounts Payable Check 510.00
91447 9/19/2003 CDF ACCOUNTING OFFICE Accounts Payable Check 30.00
91448 9/19/2003 CELLULAR ONE Accounts Payable Check 1,132.06
91449 9/19/2003 CENTRAL COAST STRIPING Accounts Payable Check 945.00
91450 9/19/2003 CHEM CLEAN Accounts Payable Check 76.63
91451 9/19/2003 CHEM-DRY OF NORTH COUNTY Accounts Payable Check 271.00
91452 9/19/2003 CHEVRON Accounts.Payable Check 1,154.64
91453 9/19/2003 CHICAGO GRADE LANDFILL Accounts Payable Check 140.00
91454 9/19/2003 CHIEF SUPPLY,INC. Accounts Payable Check 205.67
91455 9/19/2003 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 35.00
91456 9/19/2003 CMI,INC. Accounts Payable Check 154.06
91457 9/19/2003 COAST ELECTRONICS Accounts Payable Check 160.83
91458 9/19/2003 VIRGINIA COLLIE Accounts Payable Check 35.00
91459 9/19/2003 VINCE CONDE Accounts Payable Check 85.00
91460 9/19/2003 CONTINENTAL LABOR RESOURCES Accounts Payable Check 1,972.00
91461 9/19/2003 COPWARE Accounts Payable Check 58.00
91462 9/19/2003 CIMON CORMIER Accounts Payable Check 17.00
91463 9/19/2003 JOHN COUCH Accounts Payable Check 60.00
91464 9/19/2003 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 97.50
91465 9/19/2003 CREDIT BUREAU Accounts Payable Check 32.00
91466 9/19/2003 ROCKY CROOM Accounts Payable Check 2,965.94
91467 9/19/2003 CRYSTAL SPRINGS WATER Accounts Payable Check 87.75
91468 9/19/2003 CTM GROUP,INC. Accounts Payable Check 235.90
91469 9/19/2003 CUMBERLAND,COATES&DUENOW Accounts Payable Check 150.00
91472 9/19/2003 DANCRIS TELECOM Accounts Payable Check 408.27
91473 9/19/2003 DARRYL'S LOCK AND SAFE Accounts Payable Check 560.09
91474 9/19/2003 DAVID TAUSSIG&ASSOCIATES,INC Accounts Payable Check 3,436.61
91475 9/19/2003 DECOU LUMBER COMPANY Accounts Payable Check 192.05
35
City of Atascadero
Disbursement Listing
For the Month of September 2003
Check Check
Number Date Vendor Description Amount
91476 9/19/2003 CHERYL DEJONG Accounts Payable Check 41.2
91477 9/19/2003 DMV RENEWAL Accounts Payable Check 48.00
91478 9/19/2003 ED'S FLY MEAT,INC. Accounts Payable Check 68.00
91479 9/19/2003 EL CAMINO CAR WASH LLC Accounts Payable Check 110.00
91480 9/19/2003 ELAM WOODS CONSTRUCTION,INC Accounts Payable Check 45.00
91481 9/19/2003 ESCUELA DEL RIO Accounts Payable Check 64.80
91482 9/19/2003 EXXON MOBIL Accounts Payable Check 1,729.88
91483 9/19/2003 FAMILY MEDICAL GROUP OF PASO Accounts Payable Check 139.00
91484 9/19/2003 FARM SUPPLY COMPANY Accounts Payable Check 377.23
91485 9/19/2003 FEDERAL EXPRESS Accounts Payable Check 103.42
91486 9/19/2003 FERRELL'S AUTO REPAIR Accounts Payable Check 156,00
91487 9/19/2003 VOID Accounts Payable Check 0.00
91488 9/19/2003 FIRE ENGINEERING Accounts Payable Check 45.50
91489 9/19/2003 FOOD FOR LESS Accounts Payable Check 346.33
91490 9/19/2003 ANDREW FRUIN Accounts Payable Check 574.26
91491 9/19/2003 GALL'S INC. Accounts Payable Check 23.13
91492 9/19/2003 GAS COMPANY Accounts Payable Check 411.
91493 9/19/2003 GEM AUTO PARTS Accounts Payable Check 276
91494 9/19/2003 GENERAL SERVICES ADMINISTATION Accounts Payable Check 220.79
91495 9/19/2003 LORI GIBBONS Accounts Payable Check 600.00
91496 9/19/2003 GIBBS INTERNATIONAL TRUCKS Accounts Payable Check 204.52
91497 9/19/2003 KENNETH GLYNN Accounts Payable Check 94.50
91498 9/19/2003 GRAINGER Accounts Payable Check 133.38
91499 9/19/2003 GRISANTI HARDWARE Accounts Payable Check 32.38
91500 9/19/2003 H.D.PETERSON Accounts Payable Check 142.37
91501 9/19/2003 ANN HALL Accounts Payable Check 2,069.58
91502 9/19/2003 HAMON OVERHEAD DOOR CO Accounts Payable Check 318.72
91503 9/19/2003 ROY A.HANLEY Accounts Payable Check 425.04
91504 9/19/2003 DENNIS HEGWOOD Accounts Payable Check 300.00
91505 9/19/2003 HENRY SCHEIN,INC. Accounts Payable Check 123.87
91506 9/19/2003 REGIONALD HICKS Accounts Payable Check 150.00
91507 9/19/2003 HOME DEPOT Accounts Payable Check 1,965.08
91508 9/19/2003 HOME DEPOT USA,INC. Accounts Payable Check 89,413.63
91509 9/19/2003 HOME MOTORS Accounts Payable Check 733.00
91512 9/19/2003 I.M.P.A.C.GOVERNMENT SERVICES Accounts Payable Check 9,890
36
City of Atascadero
Disbursement Listing
For the Month of September 2003
Check Check
umber Date Vendor Description Amount
91513 9/19/2003 INFORMATION TECHNOLOGY Accounts Payable Check 1,114.63
91514 9/19/2003 INGLIS PET HOTEL Accounts Payable Check 268.66
91515 9/19/2003 JOHN JANSONS Accounts Payable Check 328.00
91516 9/19/2003 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 64.95
91517 9/19/2003 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 178.39
91518 9/19/2003 JIM'S CAMPUS CAMERA Accounts Payable Check 250.00
91519 9/19/2003 K-MART Accounts Payable Check 68.10
91520 9/19/2003 KEN'S MOBIL SERVICE Accounts Payable Check 1,790.36
91521 9/19/2003 SHARON KLINTWORTH Accounts Payable Check 49.50
91522 9/19/2003 KPRL 1230 AM Accounts Payable Check 137.50
91523 9/19/2003 L.C.ACTION POLICE SUPPLY LTD Accounts Payable Check 106.29
91524 9/19/2003 L.N.CURTIS&SONS Accounts Payable Check 790.51
91525 9/19/2003 LEONARD J.LA CASTO Accounts Payable Check 51.00
91526 9/19/2003 LAIDLAW TRANSIT SERVICES,INC. Accounts Payable Check 13,994.02
91527 9/19/2003 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 1,123.38
91528 9/19/2003 LEHI VALLEY WHOLESALE Accounts Payable Check 63.30
91529 9/19/2003 LEISURE TIME POOL SUPPLY Accounts Payable Check 48.54
91530 9/19/2003 LEMOS RANCH PET FOODS Accounts Payable Check 123.33
91531 9/19/2003 LIFE ASSIST,INC. Accounts Payable Check 284.66
91532 9/19/2003 LONGS DRUG STORES Accounts Payable Check 116.00
91533 9/19/2003 LYNDON'S AUTOMOTIVE Accounts Payable Check 113.74
91534 9/19/2003 LYNN PEAVEY COMPANY Accounts Payable Check 203.80
91535 9/19/2003 MARK'S PLUMBING&WATER TRMNT Accounts Payable Check 495.79
91536 9/19/2003 MARK MARKWORT Accounts Payable Check 41.40
91537 9/19/2003 MATRIX Accounts Payable Check 124.67
91538 9/19/2003 BECKY MAXWELL Accounts Payable Check 46.62
91539 9/19/2003 TERRY MCGILLICUDDY Accounts Payable Check 50.00
91540 9/19/2003 WADE MCKINNEY Accounts Payable Check 50.00
91541 9/19/2003 MID-COAST GEOTECHNICAL,INC. Accounts Payable Check 1,305.00
91542 9/19/2003 MID-COAST MOWER&SAW Accounts Payable Check 69.44
91543 9/19/2003 MINER'S ACE HARDWARE Accounts Payable Check 166.68
91544 9/19/2003 MISSION UNIFORM SERVICE Accounts Payable Check 44.30
91545 9/19/2003 DAVID MONGE Accounts Payable Check 34.00
91546 9/19/2003 MUSIC FACTORY Accounts Payable Check 212.36
91547 9/19/2003 NORTHERN ENERGY Accounts Payable Check 321.39
91548 9/19/2003 OFFICE DEPOT INC. Accounts Payable Check 2,480.90
37
City of Atascadero
Disbursement Listing
For the Month of September 2003
Check Check
Number Date Vendor Description Amount
91549 9/19/2003 OFFICEMAX CREDIT PLAN Accounts Payable Check 914.2
91550 9/19/2003 ORCHARD SUPPLY HARDWARE Accounts Payable Check 495.87
91551 9/19/2003 PEST MANAGEMENT P.A.P.A. Accounts Payable Check 30.00
91553 9/19/2003 PACIFIC GAS AND ELECTRIC Accounts Payable Check 40,834.99
91554 9/19/2003 PERRY'S PARCEL SERVICE Accounts Payable Check 90.35
91555 9/19/2003 PFLUM'S ATASCADERO MUFFLER Accounts Payable Check 120.00
91556 9/19/2003 PLANNING CENTER Accounts Payable Check 22.00
91557 9/19/2003 PLATINUM PLUS FOR BUSINESS 1371 Accounts Payable Check 522.50
91558 9/19/2003 POOR RICHARD'S PRESS Accounts Payable Check 903.16
91559 9/19/2003 PRAXAIR DISTRIBUTION,INC. Accounts Payable Check 146.00
91560 9/19/2003 PRO MOTION Accounts Payable Check 167.26
91561 9/19/2003 PROCARE JANITORIAL SUPPLY Accounts Payable Check 283.57
91562 9/19/2003 PUBLIC SAFETY CENTER,INC. Accounts Payable Check 377.43
91563 9/19/2003 GRACE L.PUCCI Accounts Payable Check 667.50
91564 9/19/2003 QUILL CORPORATION Accounts Payable Check 380.64
91565 9/19/2003 RADIO SHACK CORPORATION Accounts Payable Check 232.27
91566 9/19/2003 RAINBOW MEALWORMS,INC. Accounts Payable Check 201.
91567 9/19/2003 BILL RAINWATER Accounts Payable Check 1026
91568 9/19/2003 RAY CONSTRUCTION Accounts Payable Check 37.50
91569 9/19/2003 RECOGNITION WORKS Accounts Payable Check 44.24
91570 9/19/2003 STEVE ROMO Accounts Payable Check 187.00
91571 9/19/2003 ROTH'S LAWN&LANDSCAPE MAINT Accounts Payable Check 20.00
91572 9/19/2003 SAFETY-KLEEN INC. Accounts Payable Check 115.15
91573 9/19/2003 SAN FRANCISCO ZOOLOGICAL SOCIE Accounts Payable Check 400.00
91574 9/19/2003 SAN LUIS PERSONNEL INC. Accounts Payable Check 2,561.72
91575 9/19/2003 SANTA MARIA ACOUSTICAL CO,INC Accounts Payable Check 381.00
91576 9/19/2003 SANTA MARIA TIRE,INC. Accounts Payable Check 765.07
91577 9/19/2003 SBC Accounts Payable Check 1,325.37
91584 9/19/2003 SBC/MCI Accounts Payable Check 2,668.43
91585 9/19/2003 SHELL Accounts Payable Check 52.19
91586 9/19/2003 SIGN OUTLET Accounts Payable Check 48.17
91587 9/19/2003 SIMONDS MACHINERY CO. Accounts Payable Check 9,255.92
91588 9/19/2003 SHANNON SIMS Accounts Payable Check 6.34
91589 9/19/2003 SKATE WAREHOUSE Accounts Payable Check 154.01
91590 9/19/2003 SLOCAPRA Accounts Payable Check 3*
38
City of Atascadero
Disbursement Listing
For the Month of September 2003
Check Check
AIWTumber Date Vendor Description Amount
91591 9/19/2003 SLOCOMOTION Accounts Payable Check 182.33
91592 9/19/2003 SMART AND FINAL Accounts Payable Check 117.81
91593 9/19/2003 DAVID L.SMAW Accounts Payable Check 102.00
91594 9/19/2003 STEVE ARNOLD'S HONEYBEE&WASP Accounts Payable Check 125.00
91595 9/19/2003 STEVE SCHMIDT TOPSOIL Accounts Payable Check 308.88
91596 9/19/2003 JIMMIE R.STONE Accounts Payable Check 1,547.10
91597 9/19/2003 SUNLIGHT JANITORIAL Accounts Payable Check 1,326.00
91598 9/19/2003 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 620.34
91599 9/19/2003 SWITZER DIESEL REPAIR Accounts Payable Check 379.55
91600 9/19/2003 T-N-T PEST CONTROL Accounts Payable Check 88.00
91601 9/19/2003 TALLEY COMMUNICATIONS Accounts Payable Check 1,035.89
91602 9/19/2003 TARVIN&ASSOCIATES Accounts Payable Check 2,500.00
91603 9/19/2003 TED MILES JEEP Accounts Payable Check 75.00
91604 9/19/2003 TEMPLETON FEED&GRAIN Accounts Payable Check 114.91
91605 9/19/2003 TERRY&PAULSON ENTERPRISE INC Accounts Payable Check 86.60
91606 9/19/2003 TESORO CAR WASH Accounts Payable Check 78.00
91607 9/19/2003 JUDY THOMPSON Accounts Payable Check 45.00
91608 9/19/2003 TODD PIPE&SUPPLY Accounts Payable Check 85.97
91609 9/19/2003 UNITED GREEN MARK,INC. Accounts Payable Check 388.07
91610 9/19/2003 UNOCAL Accounts Payable Check 2,051.21
91611 9/19/2003 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 2,845.60
91612 9/19/2003 TOM VELASQUEZ Accounts Payable Check 236.00
91613 9/19/2003 VERIZON WIRELESS Accounts Payable Check 246.71
91614 9/19/2003 VIDEO PALACE Accounts Payable Check 35.59
91615 9/19/2003 VONS Accounts Payable Check 76.12
91616 9/19/2003 VS MARINE Accounts Payable Check 24.99
91617 9/19/2003 EDITH WEST Accounts Payable Check 10.00
91618 9/19/2003 WESTERN JANITOR SUPPLY Accounts Payable Check 46.65
91619 9/19/2003 WILLIAM P.WHITE Accounts Payable Check 60.00
91620 9/19/2003 WILLIAM AVERY&ASSC.,INC. Accounts Payable Check 5,414.23
91621 9/19/2003 ZOO MED LABORATORIES,INC. Accounts Payable Check 56.63
91622 9/23/2003 STEIN'S DELI Accounts Payable Check 161.45 .
91638 9/25/2003 OLIVIA L.LYONS Accounts Payable Check 100.00
91623 9/26/2003 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 240.00
39
City of Atascadero
Disbursement Listing
For the Month of September 2003
Check Check
Number Date Vendor Description Amount
91624 9/26/2003 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 25.0
91625 9/26/2003 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 399.50
91626 9/26/2003 FAMILY SUPPORT DIVISION Payroll Vendor Payment 259.84
91627 9/26/2003 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,262.47
91628 9/26/2003 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 631.48
91629 9/26/2003 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,969.14
91630 9/26/2003 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 525.00
91631 9/26/2003 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00
91632 9/26/2003 NATIONAL DEFERRED COMPENSATION Payroll Vendor Payment 1,008.28
91633 9/26/2003 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 32.31
91634 9/26/2003 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 25,928.25
91635 9/26/2003 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 503.26
91636 9/26/2003 SLO CREDIT UNION Payroll Vendor Payment 625.00
91637 9/26/2003 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00
91639 9/26/2003 ADAMSKI,MOROSKI,MADDEN,&GREEN Accounts Payable Check 1,905.00
91640 9/26/2003 KEITH AGGSON Accounts Payable Check 50.00
91641 9/26/2003 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 3,398.1
91642 9/26/2003 ANDERSON'S AUTO SERVICES Accounts Payable Check 964.6
91643 9/26/2003 ARCH Accounts Payable Check 80.26
91644 9/26/2003 ALAN BAKER Accounts Payable Check 330.00
91645 9/26/2003 CJP PRODUCTIONS Accounts Payable Check 780.00
91646 9/26/2003 DECOU LUMBER COMPANY Accounts Payable Check 4.50
91647 9/26/2003 FAMILY MEDICAL GROUP OF PASO Accounts Payable Check 357.00
91648 9/26/2003 GEM AUTO PARTS Accounts Payable Check 110.77
91649 9/26/2003 KEITH GILCHRIST Accounts Payable Check 177.20
91650 9/26/2003 HAHN'S GUNS&AMMO Accounts Payable Check 193.58
91651 9/26/2003 DENNIS HEGWOOD Accounts Payable Check 77.40
91652 9/26/2003 JOHN JANSONS Accounts Payable Check 53.98
91653 9/26/2003 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 59.19
91654 9/26/2003 LIFE ASSIST,INC. Accounts Payable Check 887.38
91655 9/26/2003 STEVE MCHARRIS Accounts Payable Check 12.41
91656 9/26/2003 MISSION OFFICE PRODUCTS Accounts Payable Check 20.02
91657 9/26/2003 TERRY OTARRELL Accounts Payable Check 211.38
91658 9/26/2003 PERRY'S PARCEL SERVICE Accounts Payable Check 25.85
91659 9/26/2003 POOR RICHARD'S PRESS Accounts.Payable Check 1,246
91660 9/26/2003 PRINT LOGIC,INC. Accounts Payable Check 70.00
40
City of Atascadero
Disbursement Listing
For the Month of September 2003
Check Check
umber Date Vendor Description Amount
91661 9/26/2003 MICHELE SCHAMBER Accounts Payable Check 40.00
91662 9/26/2003 SOUZA CONSTRUCTION INC. Accounts Payable Check 1,053.53
91663 9/26/2003 STATE OF CALIFORNIA Accounts Payable Check 10,248.77
91664 9/26/2003 GARI STINEBAUGH Accounts Payable Check 38.10
91665 9/26/2003 TRIBUNE Accounts Payable Check 2,518.19
91666 9/26/2003 WILLIAM WHITE Accounts Payable Check 20.80
226 9/30/2003 MID-STATE BANK Payroll Vendor Payment 31,448.35
$ 1,147,304.03
41
ITEM NUMBER: A-3
DATE: 10/28/2003
� IIA � ■
n
1918 1 1979
Atascadero City Council
City Manager's Office
Professional
Salary and Benefit Resolution for Non-Represented
S y
Management Workers and Confidential Employees
RECOMMENDATIONS:
Council:
1. Adopt draft Resolution, authorizing salaries and benefits for Non-Represented
Professional and Management Workers and Confidential Employees; and,
2. Approve Memorandum of Understanding between Local 620 Service
Employees International Union (SEIU) Atascadero Chapter and the City of
Atascadero July 1, 2003 to June 30, 2005; and,
3. Adopt draft Resolution, for Paying and Reporting the Value of Employer Paid
Member Contributions (EPMC); and,
4. Approve Addendum to City Manager Employment Agreement; and
5. Approve the Salary Schedule, effective July 1, 2003.
DISCUSSION:
The City has current labor agreements with police and fire employees. Staff has
completed negotiations with miscellaneous employees represented by SEIU. The
attached agreement provides for a 3% Cost of Living Adjustment (COLA) increase and
minor improvements to the life insurance and work shoes benefits. The agreement also
provides for an alternate procedure for reporting PERS earnings. The new procedure,
which will report PERS contribution as wages, requires an additional Resolution, which is
also recommended above.
An annual City Council Resolution (attached) sets forth the salary and benefits of the non-
represented employees. The non-represented employees receive benefits that are
generally consistent with the represented groups and the Cost of Living Adjustment
(COLA) of 3% is consistent for all employees. The 3% is a portion of a multiple year labor
package negotiated in prior years.
42
ITEM NUMBER: A-3
DATE: 10/28/2003
The public safety contracts extend until June 30, 2005 and provide for a 3% COLA in
each year. The impacts of the non-represented Resolution were included in the two-year
budget with the other labor agreements.
An addendum to the City Manager's contract is included providing for enhancementsto ' -
vacation and deferred compensation benefits.
Annually the City adopts a Salary Schedule.
FISCAL IMPACT:
The costs for the proposal are contained within the Annual Operating Budget. Total
increased cost is approximately 3% of salary for this fiscal year.
ATTACHMENTS:
1. Draft Resolution for Non-Represented Professional and Management Workers
and Confidential Employees
2. SEIU MOU
3. Draft Resolution, for Paying and Reporting the Value of Employer Paid Member
Contributions
4. Addendum to City Manager Employment Agreement
5. Salary Schedule 7/03
43
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO ESTABLISHING THE COMPENSATION AND
BENEFIT PLAN FOR NON-REPRESENTED PROFESSIONAL AND
MANAGEMENT WORKERS AND CONFIDENTIAL EMPLOYEES,
EFFECTIVE JULY 19 2003 -JUNE 309 2004
WHEREAS, the Government Code of the State of California prescribes a procedure for
discussing and resolving matters regarding wages, hours and other terms and conditions of
employment; and
WHEREAS, the City Personnel Rules and Regulations provided for a Compensation
Plan; and
WHEREAS, the City desires to set forth salaries and benefits for Non-Represented
Professional and Management workers and Confidential Employees;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero that all prior Resolutions for non-represented employees are repealed; and the
Professional and Management Staff and Confidential Staff Compensation and Benefit Plan is
hereby established as follows:
Positions
The following positions are included in this Resolution. The City Manager and Department
Heads have individual employment agreements defining other terms and conditions of
employment not described herein.
Executive Management Positions
Administrative Services Director
Assistant City Manager
City Manager
Community Development Director
Community Services Director
Fire Chief
Information Technology Director
Police Chief
Public Works Director
Management Positions
Assistant to the City Manager
Deputy Administrative Services Director
Deputy Community Development Director
44
City of Atascadero
Draft Resolution
Page 2
Deputy Community Services Director
Deputy Public Works Director
Planning Services Manager
Police Lieutenant
Redevelopment Specialist
Confidential (Includes only designated positions within the classifications)
Accounting Specialist
Administrative Assistant
Administrative Secretary
Executive Assistant
Finance Technician
Salaries
The following monthly salaries become effective July 1, 2003.
MM
Accounting Specialist 20 2,996.58 3,146.41 3,303.73 3,468.92 3,64236
Administrative Assistant 20 2,996.58 3,146.41 3,303.73 3,468.92 3,642.36
Administrative Secretary 12 2,465.29 2,588.55 2,717.981 2,853.88 2,996.58
Administrative Services Director 51 6,381.62 6,700.70 7,035.741 7,387.52 7,756.90
Assistant City Manager 51 6,381.62 6,700.70 7,035.74 7,387.52 7,756.90
Assistant to the City Manager 38 4,648.68 4,881.11 5,125.17 5,381.43 5,650.50
City Manager CM 8,302.89 8,718.03 9,153.94 9,611.63 10,092.21
Community Development Director 51 6,381.62 6,700.70 7,035.74 7,387.52 7,756.90
Community Services Director 51 6,381.62 6,700.70 7,035.74 7,387.52 7,756.90
Deputy Administrative Services
Director 38 4,648.68 4,881.11 5,125.17 5,381.42 5,650.50
Deputy Community Development
Director 43 5,250.17 5,512.68 5,788.31 6,077.73 6,381.62
Deputy Conintinity Services Director 43 5,250.17 5,512.68 5,788.31 6,077.73 6,381.62
Deputy Public Works Director 43 5,250.17 5,512.68 5,788.31 6,077.73 6,381.62
Executive Assistant 25 3,384.31 3,553.53 3,731.20 3,917.76 4,113.65
Finance Technician 14 2,588.56 2,717.99 2,853.89 2,996.58 3,146.41
Fire Chief 52 6,541.16 6,868.22 7,211.63 7,572.21 7,950.82
Information Technology Director 51 6,381.62 6,700.70 7,035.74 7,387.52 .7,756.90
Planning Services Manager 38 4,648.68 4,881.11 5,125.17 5,381.43 5,650.50
Police Chief PCF 7,530.96 7,907.51 8,302.88 8,718.03 9,153.93
Police Lieutenant 44 5,381.42 5,650.49 5,933.02 6,229.67 6,541.15
Public Works Director 51 1 6,381.62 6,700.70 7,035.74 7,387.52 7,756.90
Redevelopment Specialist 38 1 4,648.68 4,881.11 5,125.17 5,381.43 5,650.50
Confidential employees will receive a 2.5% of salary in addition to their base salary.
45
City of Atascadero
Draft Resolution
Page 3
Work Period
The normal work period for non-exempt employees shall be seven (7) days with a maximum
non-overtime of forty (40) hours.
Overtime Rate
Overtime for non-exempt employees, except training time, shall be compensated at the rate of
time and one-half the regular rate of pay. All overtime shall be recorded and paid in the
following manner:
1 to 15 minutes, overtime compensation—0
16 to 30 minutes, overtime compensation—1/2 hour
31 to 45 minutes, overtime compensation—3/a hour
46 to 60 minutes, overtime compensation— 1 hour
Overtime Hours Paid
Overtime for non-exempt employees shall be paid after forty (40) hours worked in a work
period. Paid time off shall be considered time worked for overtime purposes.
Schools/Training/Conferences
Hours traveling, studying, or evening classes, etc., when a non-exempt employee is attending an
out-of-town school shall not constitute overtime hours worked.
Compensating Time Off(CTO)
Notwithstanding the provisions of this section, non-exempt employees may be granted CTO for
overtime credit computed at time and one-half at the mutual convenience of the City and the
employee. Non-exempt employees may accumulate a maximum of eighty (80) hours in their
CTO account.
Scheduling Compensating Time Off
Requests to use CTO shall be granted with due regard for operational necessity such as staffing
levels.
Deferred Compensation
Effective July 1, 2001, the City will match an eligible employee's contribution to a deferred
compensation program. The match will be up to a maximum of$1,000 annually for executive
management employees and $500 annually for management employees. All deferred
compensation contributions are fully vested in the employee and shall not be available to the
City.
46
City of Atascadero
Draft Resolution
Page 4
Health Benefits
1. For unit members who elect to have "Family" coverage, the City shall pay a total of
$703.66 per month toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee and dependents for the term of this agreement.
City shall pay for increased costs to medical, dental, vision and life insurance premiums
for the employee and fifty percent (50%) of increased costs for dependents based upon
HMO plan costs.
2. For unit members who elect to have `Employee+1" coverage, the City shall pay a total of
$638.04 per month toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee and dependent for the term of this agreement.
City shall pay for increased costs to medical, dental, vision and life insurance premiums
for the employee and fifty percent (50%) of increased costs for the dependent based upon
HMO plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall
be paid to an employee hired on or before September 1, 2000 as additional compensation.
3. For unit members who elect to have "Employee Only" coverage, the City shall pay a total
of $563.80 per month toward the cost of all medical, dental, vision and life insurance
benefit premiums for the unit member employee for the term of this agreement. City shall
pay for increased costs to medical, dental, vision and life insurance premiums for the
employee based upon the HMO plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall
be paid to an employee hired on or before September 1, 2000 as additional compensation.
This amount shall not exceed$246.76 per month.
4. The City shall investigate a program to provide Post-Retirement Health Insurance for
Executive Management and Management employees. The intent is to implement a
program in FY 2003-04.
Life Insurance
The City shall provide a term life insurance policy on each employee in the amount of Fifty-
Thousand Dollars ($50,000).
The City shall provide a term life insurance policy for each eligible dependent enrolled in health
coverage in the amount of One Thousand Dollars ($1,000)per dependent.
Long-Term Disability Insurance
The City shall investigate a program to provide Long-Term Disability Insurance for Executive
Management and Management employees. The intent is to implement a City-paid program in
FY 2003-04.
10
47
City of Atascadero
Draft Resolution
Page 5
Leave
Administrative Leave. Executive Management Employees, and Management Employees will
receive Administrative Leave, which will vest as of July 1 annually. Except as provided below,
Administrative Leave will not be carried over or accrue from one fiscal year to the next. If an
employee is unable to use his/her Administrative Leave prior to the end of the fiscal year for
work related reasons beyond his/her control, said leave will be carried over into the next fiscal
year for a period not to exceed three (3) months. Said time will be available to the employee for
use during that period, but will not be accrued for the purpose of payoff in the event of
termination. In the event an employee covered by this Agreement is employed after January 1 of
the fiscal year, the employee shall be eligible for one half of their annual allotment of
Administrative Leave. Employees shall receive Administrative Leave at the following annual
rates:
Executive Management shall receive 80 hours.
Professional and Management Employees shall receive 48 hours.
Vacation Leave. Employees shall receive vacation leave consistent with the Personnel Rules and
Regulations.
Holidays. Employees shall receive vacation leave consistent with the Personnel Rules and
Regulations.
Sick Leave.
1. Sick leave accumulates at a rate of eight (8) hours (one day) per month. There is no limit to
the accumulation.
2. Stay Well Bonus. Employees with forty-eight (48) or more days of accumulated sick leave
shall be eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as
follows:
a. The sick leave pay-off will occur during the twelve- (12) month period (generally from
the second pay period in November to the second pay period of the following year) after
an employee has accumulated and maintained 48 days sick leave.
b. Once the eligibility requirements have been met, an employee may opt to receive a pay-
off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual
allotment is twelve (12) days).
c. Checks will be prepared by December 15 of each year.
3. Sick Leave Payback. When an executive management employee, a management employee
or confidential employee terminates employment in good standing, after five (5) years of
continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave.
48
City of Atascadero
Draft Resolution
Page 6
Bereavement Leave
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and
Regulations in the event of death of his/her spouse, child, stepchild, grandchild, parent,
grandparent, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother, sister, brother-
in-law, sister-in-law or significant other.
Retirement
The City shall pay the employee contribution to the Public Employees Retirement System
(PERS),for the term of this agreement.
Education Incentive Pay
Employees shall be reimbursed up to $400.00 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training, providing the
coursework is job-related, and the employee received a passing grade.
Uniform/Safety Equipment Allowance
a. The City shall provide an annual uniform allowance of eight hundred dollars ($800) for
Police Chief and Lieutenants. Upon initial hire the employee will receive $800. In the
second year the amount will be prorated based upon the actual number of months employed
in the prior year (example: if an employee worked six months in the first year he/she would
receive $800 in the first year and $400 in the second year). When an employee separates
from the City the Uniform Allowance will be prorated based upon the number of months
worked in the then current fiscal year.
b. The City will make a lump sum payment of the uniform allowance no later than the second
payday in July.
c. Uniforms damaged on duty shall be replaced as prorated by the Police Chief. Employees are
required to seek reimbursement through the courts with all practical diligence.
d. The City shall make available to a bulletproof vest. Employees requesting a vest shall certify
that they will wear the vest at all times, except in extreme climatic conditions. Vests shall be
replaced or refurbished on an as needed basis as determined by the Chief of Police.
Employees already owning a vest shall continue to use them until repair or refurbishment
becomes necessary, as determined by the Chief of Police.
e. Rain boots - The City shall comply with the requirements of CAUOSHA as it relates to
providing rain gear including rain boots.
49
City of Atascadero
Draft Resolution
Page 7
On Motion by Council Member and seconded by Council Member
, the foregoing Resolution is hereby adopted in its entirety on the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
Jerry L. Clay,Sr., Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
50
City of Atascadero
Draft Resolution
Page 6
Bereavement Leave
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and
Regulations in the event of death of his/her spouse, child, stepchild, grandchild, parent,
grandparent, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother, sister, brother-
in-law, sister-in-law or significant other.
Retirement
The City shall pay the employee contribution to the Public Employees Retirement System
(PERS), for the term of this agreement.
Education Incentive Pay
Employees shall be reimbursed up to $400.00 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training, providing the
coursework is job-related, and the employee received a passing grade.
Uniform/Safety Equipment Allowance
a. The City shall provide an annual uniform allowance of eight hundred dollars ($800) for
Police Chief and Lieutenants. Upon initial hire the employee will receive $800. In the
second year the amount will be prorated based upon the actual number of months employed
in the prior year (example: if an employee worked six months in the first year he/she would
receive $800 in the first year and $400 in the second year). When an employee separates
from the City the Uniform Allowance will be prorated based upon the number of months
worked in the then current fiscal year.
b. The City will make a lump sum payment of the uniform allowance no later than the second
payday in July.
c. Uniforms damaged on duty shall be replaced as prorated by the Police Chief. Employees are
required to seek reimbursement through the courts with all practical diligence.
d. The City shall make available a bulletproof vest. Employees requesting a vest shall certify
that they will wear the vest at all times, except in extreme climatic conditions. Vests shall be
replaced or refurbished on an as needed basis as determined by the Chief of Police.
Employees already owning a vest shall continue to use them until repair or refurbishment
becomes necessary, as determined by the Chief of Police.
e. Rain boots - The City shall comply with the requirements of CAL/OSHA as it relates to
providing rain gear including rain boots.
51 il'
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
LOCAL 620 SERVICE EMPLOYEES
INTERNATIONAL UNION
ATASCADERO CHAPTER
AND
CITY OF ATASCADERO
JULY 19 2003 TO JUNE 309 2005
52
MEMORANDUM OF UNDERSTANDING
LOCAL 620 SERVICE EMPLOYEES INTERNATIONAL UNION
ATASCADERO CHAPTER
JULY 1, 2003 THROUGH JUNE 30, 2005
TABLE OF CONTENTS
ARTICLEI-GENERAL PROVISIONS...............................................................................................................1
SECTION1.1 PREAMBLE..................................................................................................................................1
SECTION1.2 RECOGNITION............................................................................................................................1
SECTION1.3 SEVERANCE................................................................................................................................2
SECTION1.4 SOLE AGREEMENT....................................................................................................................2
SECTION 1.5 FULL FORCE AND EFFECT......................................................................................................2
SECTION 1.6 GENERAL PROVISIONS............................................................................................................3
ARTICLE II-RESPECTIVE RIGHTS.................................................................................................................4
SECTION2.1 UNION RIGHTS...........................................................................................................................4
SECTION2.2 CITY RIGHTS..............................................................................................................................6
SECTION 2.3 PEACEFUL PERFORMANCE.....................................................................................................6
SECTION2.4 RESPECTIVE RIGHTS................................................................................................................7
ARTICLE III-HOURS OF WORK AND OVERTIME.......................................................................................8
SECTION3.1 HOURS OF WORK......................................................................................................................8
SECTION3.2 OVERTIME..................................................................................................................................8
SECTION3.3 CALLBACK PAY.........................................................................................................................9
SECTION3.4 STANDBY TIME.........................................................................................................................9
SECTION 3.5 PATCHING/PAVING WORK......................................................................................................9
ARTICLEIV-PAY PROVISIONS....................................................................................................................10
SECTION4.1 SALARY.....................................................................................................................................10
SECTION 4.2 EDUCATION INCENTIVE PAY...............................................................................................11
SECTION4.3 RETIREMENT............................................................................................................................11
SECTION 4.4 SICK LEAVE/STAY WELL PLAN...........................................................................................11
SECTION4.5 VACATION LEAVE..................................................................................................................12
SECTION4.6 HOLIDAYS.................................................................................................................................13
SECTION4.7 BEREAVEMENT LEAVE.........................................................................................................13
SECTION 4.8 MILITARY LEAVE....................................................................................................................13
SECTION4.9 WORK GLOVES........................................................................................................................14
SECTION4.10 WORK SHOES..........................................................................................................................14
SECTION 4.11 SAFETY GLASSES...................................................................................................................14
SECTION4.12 COMPUTER PURCHASE.........................................................................................................14
SECTION4.13 CERTIFICATION......................................................................................................................14
ARTICLEV-HEALTH AND WELFARE.........................................................................................................15
SECTION 5.1 MEDICAL AND DENTAL INSURANCE COVERAGE..........................................................15
SECTION5.2 UNIFORMS ................................................................................................................................16
SECTION5.3 PROBATION..............................................................................................................................16
ARTICLE VI-CLOSING PROVISIONS...........................................................................................................17
SECTION 6.1 COMPARATIVE SALARY AND BENEFITS ..........................................................................17
SECTION6.2 REOPENER................................................................................................................................17
SECTION6.3 TERM..........................................................................................................................................17
SECTION6.4 SIGNATURES............................................................................................................................17
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ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the "City" and the Local 620 Service Employees International Union
Atascadero Chapter,hereinafter referred to as the"Union"pursuant to California Government Code
Section 3500, et seq. and the City's Employer - Employee Relations Policy. The purpose of this
Memorandum of Understanding (MOU) is the establishment of wages, hours and other terms and
conditions of employment.
The City and Union agree that the provisions of this MOU shall be applied equally to all employees
covered herein without favor or discrimination because of race, creed, color, sex, age, national
origin,political or religious affiliations or association memberships. Whenever the masculine gender
is used in this MOU, it shall be understood to include the feminine gender.
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Union as the recognized and exclusive representative for
the following classifications:
• Account Clerk I • Engineering Technician I • Registered Veterinary
• Account Clerk II • Engineering Technician II Technician
• Administrative Assistant • Finance Technician • Senior Zookeeper
• Administrative Secretary • Maintenance Leadworker • System Administrator III
• Administrative Support • Maintenance Worker I • Technical Trainer II
Assistant • Maintenance Worker II • WWTP Operator I
• Assistant Planner • Office Assistant I • WWTP Operator II
• Associate Planner • Office Assistant II • WWTP Operator III
• Building Maintenance • Office Assistant III • WWTP Operator in Training
Specialist • Permit Coordinator • Zoo Education Curator
• Building Inspector I • Planning Technician • Zookeeper I
• Building Inspector II . Plans Examiner
• Building Technician • Public Works Technician
• Central Receptionist • Recreation Coordinator
b. This recognition is exclusive of management employees,confidential employees and temporary
employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Union on all matters
relating to the scope of representation under the Meyers-Milias-Brown Act(Government Code
Section 3500, et seq.), and as provided under the City's Employer-Employee Relations Policy.
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SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or
unenforceable by reason of any existing or subsequently enacted constitutional or legislative
provision shall be severed, and all other provisions of the Agreement shall remain in full force
and effect for the duration of the Agreement.
b. In the event that any provision of the MOU should be found invalid,unconstitutional,unlawful
or unenforceable, the City and the Union agree to meet and confer in a timely manner in an
attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed
provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU.
SECTION 1.4 SOLE AGREEMENT
a. The City and the Union agree that to the extent that any provision addressing wages,hours,and
terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found
outside this MOU and are in conflict thereof, this MOU shall prevail.
b. If,during the term of the MOU,the parties should mutually agree to modify,amend,or alter the
provisions of this MOU in any respect, any such change shall be effective only if and when
reduced to writing and executed by the authorized representatives of the City and the Union.
Any such changes validly made shall become part of this MOU and subject to its terms.
SECTION 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
bargaining under the Meyers-Milias-Brown Act,including those set in this MOU,shall remain in
full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Union.
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SECTION 1.6 GENERAL PROVISIONS
The parties agree to meet and confer with respect to any subject or matter within the scope of
representation upon request. Provided, however, that any changes which fall within the scope of
representation shall be by mutual agreement.
Except as set forth in this Memorandum of Understanding, and unless the Union agrees to reopen
negotiations on a particular bargaining subject,the parties agree that there shall be no changes during
the life of this MOU in the wage rates,benefits,or other terms and conditions of employment subject
to the meet and confer process.
In the event any new practice, subject or matter arises during the term of this agreement which is
within the scope of representation and an action is proposed by the City,the Union shall be afforded
all possible advance notice and shall have the right to meet and confer upon request. In the case of
an emergency and,in the absence of an agreement on such a proposed action, the City reserves it's
lawful management rights to take any action(s)deemed necessary and the Union reserves its rights to
take any lawful action deemed necessary.
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ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 UNION RIGHTS
The Union shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating
to matters within the scope of representation proposed to be adopted by the City Council.
b. Reasonable use of one bulletin board at each work site for employees covered by this MOU.
c. The right to payroll deductions made for payments or organization dues and for City approved
programs.
d. The use of City facilities for regular,normal and lawful Union activities,providing that approval
of the City Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Union and their officially
designated representatives for the purpose of processing grievances or contacting members of the
organization concerning business within the scope of representation. Access shall be restricted
so as not to interfere with the normal operations of any department or with established safety or
security requirements.
f. The City will give reasonable notice to the Union if it intends to contract out the functions
currently performed by employees within the Unit. Upon request, the City will meet with the
Union to explain the reason for the decision to contract out and to solicit Union views on the
proposal. Nothing in this Section shall be construed to limit the rights of the City Council to
contract out work in its sole discretion.
g. Agency Shop/Fair Share.
The City shall notify the union when employees are newly assigned into the unit. The notice
shall include the employee's name,Department and division and the date of entry into the unit.
Employees transferred or hired into the unit subsequent to the effective date of an Agency
Shop/Fair Share approval shall have thirty days from the date of their entry into the unit to
comply with its terms.
Unless a unit employee has: a)voluntarily submitted to the City an effective dues deduction
request; b) individually made direct financial arrangements satisfactory to the Union as
evidenced by notice of the same from the Union to the City; or c) qualified for exemption
upon religious grounds as provided below,upon notice from the Union the City shall process
a mandatory agency fee payroll deduction in the appropriate amount and forward that amount
to the Union.
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The amount of the fee to be charged shall be determined by the union subject to applicable
law;and shall therefore not exceed the normal periodic membership dues,initiation fees,and
general assessments applicable to union members.
As to "core fee-payers, the agency fee charged shall not reflect expenditures which the
Courts have determined to be non-chargeable. The union shall comply with applicable law
regarding disclosure and allocation of its expenses and notice to employees of their right to
object and pay only the "core fee".
The Union shall make available an administrative appeals procedure to unit employees who
object to the calculation of the "core fee". Such procedure shall provide for an impartial
decision by a representative of the State Mediation &Conciliation Service(SMCS). Such
appeals may be consolidated and shall be heard not less often than once per year. A copy of
such procedure shall be made available upon request by the Union to unit employees.
The City shall promptly remit to the Union all monies deducted under this Article,
accompanied by a list of employees for whom such deductions have been made. The City
shall make every reasonable effort to distribute to each new employee in the unit a letter,
supplied by the union, which describes the agency fee obligation.
Any of the above-described payment obligations shall be processed by the City in the usual `
and customary manner and time frames utilized for dues deductions.
Employees on an unpaid leave of absence or temporarily assigned out of the unit for an entire
pay period or more shall have agency shop fees suspended. Fee deductions shall have the
same priority as dues deductions in the current hierarch for partially compensated pay
periods.
Religious Exemption from Agency Fee Obligations
a) Any employee who is a member of a religious body whose traditional tenets or teachings
include objections to joining or financially supporting employee organizations shall not
be required to meet the above agency fee obligations, but shall pay be means of
mandatory payroll deduction an amount equal to the agency fee to a non-religious,non-
labor charitable organization exempt from taxation under Section 501 (c) (3) of the
Internal Revenue Code,as designated by the employee from a list provided by the Union
showing authorized deduction agencies as agreed upon between the City and the Union.
b) To qualify for the religious exemption the employee must provide to the Union, with a
copy to the City, a written statement of objection, along with verifiable evidence of
membership in a religious body as described above. The Union will implement the
change in status within thirty days or alternatively,notify the employee and the City that
the requested exemption is not valid.
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SECTION 2.2 CITY RIGHTS
a. The authority of the City includes, but is not limited to the exclusive right to determine
the standards of service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action for "just
cause",relieve its employees from duty because of lack of work or for other legitimate
reason; maintain the efficiency of governmental operations; determine the methods,
staffing and personnel by which governmental operations are to be conducted;determine
the content of job classifications; take all necessary actions to carry out its mission in
emergencies; exercise complete control and discretion over its organizations and the
technology of performing its work;provided,however,that the exercise and retention of
such rights does not preclude employees or their representatives from consulting or
raising grievances over the consequences or impact that decisions on these matters may
have on wage, hours and other terms of employment.
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the
City employees covered by this Agreement are essential to the public health, safety and
general welfare of the residents of the City of Atascadero. Union agrees that under no
circumstances will the Union recommend,encourage,cause or promote its members to
initiate,participate in,nor will any member of the bargaining unit take part in,any strike,
sit-down,stay-in, sick-out,slow-down,or picketing(hereinafter collectively referred to
as "work-stoppage) in any office or department of the City,nor to curtail any work or
restrict any production, or interfere with any operation of the City. In the event of any
such work stoppage by any member of the bargaining unit,the City shall not be required
to negotiate on the merits of any dispute which may have risen to such work stoppage
until said work stoppage has ceased.
b. In the event of any work stoppage,during the term of this MOU,whether by the Union or
by any member of the bargaining unit, the Union by its officers, shall immediately
declare in writing and publicize that such work stoppage is illegal and unauthorized,and
further direct its members in writing to cease the said conduct and resume work. Copies
of such written notices shall be served upon the City. If in the event of any work
stoppage the Union promptly and in good faith performs the obligations of this
paragraph, and providing the Union has not otherwise authorized, permitted or
encouraged such work stoppage,the Union shall not be liable for any damages caused by
the violation of this provision. However,the City shall have the right to discipline,up to
and including discharge,any employee who instigates,participates in,or gives leadership
to, any work stoppage activity herein prohibited,and the City shall also have the right to
seek full legal redress, including damages, against any such employees.
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SECTION 2.4 RESPECTIVE RIGHTS
The parties agree that during the term of this agreement,upon a request by either party,they
shall reopen negotiations on changes to the Personnel Rules and Regulations. Provided,
however,that the City shall not modify the Personnel Rules and Regulations subject to meet
and confer without mutual agreement.
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ARTICLE III - - HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
CTI O
a. Work Period
The normal work period shall be seven(7)days with a maximum non-overtime of forty(40)
hours.
b. Shift Change Notification
The City shall give employees reasonable,but at a minimum, a 72-hour notice of routine
shift changes. Emergency shift changes shall be made on an as needed basis.
c. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15)minutes for
each four (4) hours worked. Insofar as practical rest period shall be in the middle of each
work period. Rest periods cannot be used in conjunction with meal periods, nor may rest
periods be taken during the employee's first or last hour of work.
Any employee required to work more than sixteen (16) hours within a twenty-four hour
period shall be entitled to an eight hour rest period prior to returning to work. If any portion
of the eight-hour rest period occurs during the employees' regularly scheduled work hours,
the employee shall receive normal compensation for that time.This section shall not apply in
the case of emergencies.
d. Missed Rest Periods and Mealtime
Regular fifteen-minute rest periods are paid time,therefore nothing in this section provides
for or implies any additional compensation or benefits if a rest period is not taken.
SECTION 3.2 OVERTIME
a. Rate
Overtime, except training time, shall be compensated at the rate of time and one-half the
regular rate of pay. All overtime shall be recorded and paid in the following manner:
1 to 15 minutes, overtime compensation—0
16 to 30 minutes, overtime compensation—'h hour
31 to 45 minutes, overtime compensation—3/a hour
46 to 60 minutes, overtime compensation— 1 hour
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b. Hours Paid
Overtime shall be paid after forty(40)hours worked in a work period. Paid time off shall be
considered time worked for overtime purposes.
c. Compensating Time Off(CTO)
Notwithstanding the provisions of this section,employees may be granted CTO for overtime
credit computed at time and one-half at the mutual convenience of the City and the
employee. Employees may accumulate a maximum of eighty (80) hours in their CTO
account.
d. Scheduling Compensating Time Off
Requests to use CTO shall be granted with due regard for operational necessity such as
staffing levels.
SECTION 3.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated by time and
one-half rate of pay with a minimum compensation of two (2) hours.
SECTION 3.4 STANDBY TIME
a. Employees assigned standby duty shall receive thirty-five dollars ($35.00)for each day
of standby duty.
b. Employees who are called to duty at a time they are not working shall be compensated a
minimum of two (2) hours at straight time. Employees working in excess of one hour
and twenty minutes once called back shall receive time and one-half pay for hours
worked in excess of one hour and twenty minutes,or two hours straight time whichever
is greater.
SECTION 3.5 PATCHING/PAVING WORK
The City shall make a reasonable attempt to schedule patching work during days/times when
temperatures are not expected to exceed 100 degrees. It is mutually understood that employees
working with paving contractors must adhere to the contractors' work schedules.
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ARTICLE IV-PAY PROVISIONS
SECTION 4.1 SALARY
This two (2)year agreement shall provide salary increases according to the following formula and
schedule:
Year 1 (effective July 1, 2003)— 3% COLA
Year 2 (effective July1, 2004)— 3% COLA,
The following monthly salaries become effective July 1, 2003.
Account Clerk I 7 2,181.55 2,290.63 2,405.16 2,525.42 2,651.69
Account Clerk II 11 2,405.16 2,525.42 2,651.69 2,784.28 2,923.49
Administrative Assistant 20 2,996.58 3,146.41 3,303.73 3,468.91 3,642.36
Administrative Secretary 12 2,465.29 2,588.56 2,717.99 2,853.88 2,996.58
Administrative Support Assistant 13 2,525.42 2,651.69 2,784.28 2,923.49 3,069.67
Assistant Planner 21 3,069.67 3,223.15 3,384.31 3,553.52 3,731.20
Associate Planner 27 3,553.52 3,731.20 3,917.76 4,113.65 4,319.33
Building Inspector 1 17 2,784.28 2,923.49 3,069.67 3,223.15 3,384.31
Building Inspector II 21 3,069.67 3,223.15 3,384.31 3,553.52 3,731.20
Building Maintenance Specialist 12 2,465.29 2,588.56 2,717.99 2,853.88 2,996.58
Building Technician 13 2,525.42 2,651.69 2,784.28 2,923.49 3,069.67
Central Receptionist 10 2,347.90 2,465.29 2,588.56 2,717.99 2,853.88
Engineering Technician I 13 2,525.42 2,651.69 2,784.28 2,923.49 3,069.67
Engineering Technician II 17 2,784.28 2,923.49 3,069.67 3,223.15 3,384.31
Finance Technician 14 2,588.56 2,717.99 2,853.88 2,996.58 3,146.41
Maintenance Leadworker 18 2,853.88 2,996.58 3,146.41 3,303.73 3,468.91
Maintenance Worker I 7 2,181.55 2,290.63 2,405.16 2,525.42 2,651.69
Maintenance Worker II 12 2,465.29 2,588.56 2,717.99 2,853.88 2,996.58
Office Assistant 1 4 2,028.20 2,129.61 2,236.09 2,347.90 2,465.29
Office Assistant II 8 2,236.09 2,347.90 2,465.29 2,588.56 2,717.99
Office Assistant III 10 2,347.90 2,465.29 2,588.56 2,717.99 2,853.88
Permit Coordinator 12 2,465.29 2,588.56 2,717.99 2,853.88 2,996.58
Planning Technician 13 2,525.42 2,651.69 2,784.28 2,923.49 3,069.67
Plans Examiner 27 3,553.52 3,731.20 3,917.76 4,113.65 4,319.33
Public Works Technician 14 2,588.56 2,717.99 2,853.88 2,996.58 3,146.41
Recreation Coordinator 12 2,465.29 2,588.56 2,717.99 2,853.88 2,996.58
Registered Veterinary Technician 12 2,465.29 2,588.56 2,717.99 2,853.88 2,996.58
Senior Zookee er 18 2,853.88 2,996.58 3,146.41 3,303.73 3,468.91
System Administrator III 29 3,731.20 3,917.76 4,113.65 4,319.33 4,535.29
Technical Trainer II 20 2,996.58 3,146.41 3,303.73 3,468.91 3,642.36
WWTP Operator 1 16 2,717.99 2,853.88 2,996.58 3,146.41 3,303.73
WWTP Operator II 20 2,996.58 3,146.41 3,303.73 3,468.91 3,642.36
WWTP Operator III 24 3,303.73 3,468.91 3,642.36 3,824.48 4,015.70
WWTP Operator in Training 11 2,405.16 2,525.42 2,651.69 2,784.28 2,923.49
Zoo Education Curator 8 2,236.09 2,347.90 2,465.29 2,588.7-72,717.99
Zookee er 1 12 2,465.29 2,588.56 2,717.99 2,853.88 2,996.58
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a. Movement between steps shall be at twelve-month intervals and subject to satisfactory
performance. The initial step movement after hiring,however, shall be after twelve months or
after completion of probation,whichever occurs later. Employees may receive step increases at a
period of less than twelve (12) months upon recommendation of the department head and
approval of the City Manager.
b. An employee who is promoted shall receive a salary increase of at least one step (5%).
Therefore, the employee shall be placed on step"A", or that step which produces at least a one
step salary increase.
c. The parties agree that,the survey jurisdictions for unit classifications under this M.O.U. shall be
the cities of Arroyo Grande,Atascadero,Grover Beach,Morro Bay,Paso Robles,Pismo Beach,
and San Luis Obispo.
SECTION 4.2 EDUCATION INCENTIVE PAY
a. Employees shall be reimbursed up to $400.00 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training, providing the
coursework is job-related, and the employee received a passing grade.
SECTION 4.3 RETIREMENT
Employees will be provided retirement benefits through the California Public Employees Retirement
System(CalPers)pursuant to the 2% @ 55 formula including the"single highest year"and the City
will pay the employee contribution of seven(7%)percent.Effective November 2003,the City shall
commence reporting the seven (7%) percent employee contribution as special compensation.
Accordingly, the seven (7%) percent will be"PERSable".
SECTION 4.4 SICK LEAVE/STAY WELL PLAN
a. Sick leave accumulates at a rate of eight (8) hours per month. There is no limit to the
accumulation.
b. Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well
Bonus. The Stay Well Bonus will be implemented as follows:
1. The sick leave pay-off will occur during the 52-week period(ending generally on the last day
of the second pay-period in November) after an employee has accumulated and maintained
384 hours sick leave.
2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third(1/3)of the unused annual allotment of sick leave. (The annual allotment
is ninety-six (96) hours).
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3. Checks will be prepared by December 15 of each year. If the 15"' is a Saturday or Sunday,
checks will be prepared the following Monday.
4. In the event an employee covered by this agreement donates up to 12 days of sick leave in
any one year, to the Employee Sick Leave Bank, it shall not count against the 48 days
accumulation for eligibility to receive the incentive payoff for that year.
c. In any calendar year, an employee may use accrued sick leave, up to the amount earned during
six months of employment,to attend to the illness of a child,parent,or spouse of the employee.
In extenuating circumstances, sick leave to be used for dependent care may be requested by the
employee to their Department Head,who shall make a recommendation to the City Manager for
final approval.
SECTION 4.5 VACATION LEAVE
a. Paid vacation leave accrues from the date of hire on a bi-weekly basis and increases after
completion of the required years of service as follows:
Years of Service Accrual Rate
Less than 3 years 10 days/yr or 3.08 hrs/pp
3 years completed 12 days/yr or 3.69 hrs/pp
5 years completed 14 days/yr or 4.31 hrs/pp
7 years completed 16 days/yr or 4.92 hrs/pp
9 years completed 18 days/yr or 5.54 hrs/pp
11 years completed 20 days/yr or 6.15 hrs.pp
The above schedule is based on full-time employment. Regular part-time employees shall receive
vacation accrual on a pro-rated basis.
b. Employees shall be entitled to vacation leave consistent with the City Personnel Rules and
Regulations.
c. It is agreed and understood that the taking of vacation shall be as scheduled by the Department Head
subject to the needs of the City.
d. Employees transferring from the County shall use their County hire date to determine their vacation
accrual entitlement.
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SECTION 4.6 HOLIDAYS
(a) The City recognize ize the following days as official City holidays.
�
Holiday Day Observed
New Year's Day January 1
Martin Luther King, Jr. Birthday 3rd Monday in January
Lincoln's Birthday 2nd Monday in February
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Friday after Thanksgiving
Christmas Day December 25
"Floating" Holiday Off As Scheduled; Accrues January 1
a. Each unit member employed by the City as of January 1st of each year shall be eligible for one
floating holiday (8 hours). Accrual shall be pro-rated for employees in permanent part-time
positions. Floating holidays must have prior department approval and shall be consistent with
the efficient operation of the department. The floating holiday may be used between January 1
and December 31 of each year.
b. All employees who are covered under this contract and are required by their supervisor to work on
a City holiday shall be paid time and one-half 1'h their base hourly rate for the hours worked on the
holiday,plus compensation for the holiday.
SECTION 4.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations
in the event of death of his/her spouse,child,parent,grandparent,grandchild,son-in-law,daughter-
in-law, mother-in-law, father-in-law, brother, sister,brother-in-law and sister-in-law.
SECTION 4.8 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. All
employees entitled to military leave shall give the appointing power an opportunity within the limits
of military regulations to determine when such leave shall be taken.
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SECTION 4.9 WORK GLOVES
The City shall continue to provide employees with leather palmed work gloves. The City shall issue
regulations establishing reasonable standards for provision of the gloves,replacement of gloves,and
the maximum number of gloves made available during any fiscal year.
SECTION 4.10 WORK SHOES
Effective July 1,2003 the City shall contribute One-Hundred and Forty-five($145.00)Dollars to each
maintenance employee for the purchase of appropriate footwear.Proof of purchase is required. Once
purchased,such appropriate footwear must be worn while working.
SECTION 4.11 SAFETY GLASSES
The City shall provide safety glasses and safety prescription glasses, in compliance with OSHA
standards,for those employees required to wear them. Maximum reimbursement shall be$250.00. As
approved by the Department Head, the City shall replace prescription glasses as needed due to
prescription changes or if the glasses are damaged while being used in the course of duties. If the
glasses are damaged due to the negligence of the employee, he/she shall be required to pay the
replacement cost.The employee is responsible for obtaining necessary prescriptions.
SECTION 4.12 COMPUTER PURCHASE
The City agrees to develop an Employee Computer Purchase Program. The City agrees to allow
employees to purchase hardware and work-compatible software using the City's government discount.
All costs shall be the responsibility of the employee.
SECTION 4.13 CERTIFICATION
The City shall continue its practice of providing reasonable work time and payment for
obtaining/maintaining job related certifications. Travel expenses will be paid pursuant to Section VII
of the City's Purchasing Policy. Prior Department Head approval is required.
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ARTICLE V - HEALTH AND WELFARE
SECTION 5.1 MEDICAL AND DENTAL INSURANCE COVERAGE
a. For unit members who elect to have"Family"coverage,the City shall pay a total of$689.69 per
month toward the cost of all medical,dental,vision and life insurance benefit premiums for the
unit member employee and dependents for the term of this agreement. City shall pay for
increased costs to medical,dental,vision and life insurance premiums for the employee and fifty
percent (50%) of increased costs for dependents based upon HMO plan costs.
b. For unit members who elect to have `Employee,+1" coverage, the City shall pay a total of$
624.07 per month toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee and dependent for the term of this agreement.City shall
pay for increased costs to medical,dental, vision and life insurance premiums for the employee
and fifty percent (50%) of increased costs for the dependent based upon HM0 plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall be paid
to an employee hired on or before September 1, 2000 as additional compensation.
c. For unit members who elect to have "Employee Only" coverage, the City shall pay a total of$
550.25 per month toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee for the term of this agreement. City shall pay for
increased costs to medical, dental, vision and life insurance premiums for the employee based
upon HMO plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall be paid
to an employee hired on or before September 1,2000 as additional compensation. This amount
shall not exceed$240.56 per month.
d. The City shall provide term life insurance coverage for each employee in a total amount of
twenty thousand ($20,000)dollars during the term of this agreement. Effective January,2004,
the City shall increase the total life insurance coverage for each employee to thirty-thousand
($30,000) dollars.
e. The City shall provide a term life insurance policy for each eligible dependent enrolled in health
coverage in a total amount of one thousand($1,000)dollars per dependent during the term of this
agreement.
f. The Medical Insurance Committee shall be comprised of one representative from each of the
bargaining units (as designated by the bargaining unit) and one from the City.The Committee
shall regularly review the health plan and study health insurance issues including,but not limited
to, Health Maintenance Organizations (HMO's), cost containment, etc., and make
recommendations to the City Manager.
g. Flexible Benefits Plan. The City shall make available to employees covered by this MOU a
Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions. The
SEIU MOU 2003-2005 Page 15
Draft#2
68
plan will enable an employee to, on a voluntary basis, cover additional out of pocket premium
expenses for insurance through pretax payroll dollars.
h. State Disability Insurance — The City shall provide State Disability Insurance as a payroll
deduction of each employee. State Disability Insurance shall be integrated with sick leave with
the objective of providing full compensation.
SECTION 5.2 UNIFORMS
The City shall provide uniforms to Unit employees and replace them on an as needed basis,for those
employees required to wear uniforms. Jackets will be included as part of the uniform provided.
SECTION 5.3 PROBATION
The probationary period for newly hired employees shall be twelve months. The probationary period
for employees promoted to a higher classification shall be six months in the new classification. The
City shall have the option of granting a newly hired employee regular status at any time after nine(9)
months of service.
SEIU MOU 2003-2005 Page 16
Draft#2
69
ARTICLE VI - CLOSING PROVISIONS
SECTION 6.1 COMPARATIVE SALARY AND BENEFITS
The parties agree that future Cost of Living Allowances and health benefits for bargaining units shall be
equal to all other City employees. Unit employees shall receive any increases in benefits to COLA,
health benefits and leave accruals in an amount at least equal to that which is received by other
bargaining units. The cost of these additional benefits shall be calculated in a manner to provide
accurate comparison with the other bargaining unit. The City will complete a salary study for unit
classifications and provide it to SEN by April, 2005.
SECTION 6.2 REOPENER
The City will obtain cost estimates on the PERS Credit for Unused Sick Leave option. The City and
SEIU to reopen negotiations to discuss possible implementation in July, 2004.
SECTION 6.3 TERM
The term of this MOU shall commence on July 1, 2003, and expire on June 30, 2005.
SECTION 6.4 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
SEN Date SEAT Date
SEAT Date SEN Date
SEIU Date SEIU Date
CITY OF ATASCADERO
Mayor Date City Manager Date
APPROVED AS TO FORM
City Attorney Date
SEIU MOU 2003-2005 Page 17
Draft#2
70
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA FOR PAYING AND REPORTING THE
VALUE OF EMPLOYER-PAID MEMBER CONTRIBUTIONS (EPMC)
WHEREAS, the governing body of the City of Atascadero has the authority to implement
Government Code Section 20636(c) (4)pursuant to Section 20691; and
WHEREAS, the governing body of the City of Atascadero has a written labor policy or
agreement which specifically provides for the normal member contributions to be paid by the
employer, and reported as additional compensation; and
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption
by the governing body of the City of Atascadero of a Resolution to commence paying and reporting
the value of said Employer Paid Member Contributions (EPMC); and
WHEREAS, the governing body of the City of Atascadero has identified the following
conditions for the purpose of its election to pay EPMC:
■ This benefit shall apply to all employees of Local 620 Service Employees International
Union(SEN)Atascadero Chapter.
■ This benefit shall consist of paying 100% of the normal contributions as EPMC, and
reporting the same percent (value) of compensation eamable {excluding Government
Code Section 20636(c) (4)} as additional compensation.
■ The effective date of this Resolution shall be November 15,2003
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero
that the City elects to pay and report the value of the EPMC, as set forth above.
71
City of Atascadero
Draft Resolution
Page 2 of 2
On motion by Council Member and seconded by Council
Member ,the foregoing Resolution is hereby adopted in its entirety on
the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Jerry L. Clay, Sr.,Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley,City Attorney
72
EMPLOYMENT AGREEMENT ADDENDUM
THIS AGREEMENT is made and entered into October 14, 2003, by and between
the City of Atascadero (hereinafter called "City") and Wade G. McKinney (hereinafter
called "Employee") adding provisions to the employment agreement dated September
25, 2001.
SECTION 5. BENEFITS (added)
j. Employee shall receive eighty (80) hours vacation leave in addition to
vacation leave provided to management employees.
SECTION 7. DEFERRED COMPENSATION (added)
1. Effective September 1, 2003, the City will pay a contribution equal to five
percent (5%) of base salary to a deferred compensation program in favor
of Employee. All deferred compensation contributions are fully vested in
the employee and shall not be available to the City.
SECTION 6. GENERAL PROVISIONS
1. This Agreement shall amend the Agreement between the parties by
adding the above Sections.
2. This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of Employee.
3. This Agreement shall become effective upon approval by the City Council
73
IN WITNESS WHEREOF, the above parties have executed this Agreement as of
the date first written above.
CITY OF ATASCADERO
BY:
Jerry L. Clay Sr. Mayor Wade G. McKinney
ATTEST:
Marcia McClure Torgerson, C.M.C. City Clerk
74
CITY OF ATASCADERO
SALARY SCHEDULE July 1,2003
MONTHLY
1 1,884.51 1,978.73 2,077.67 2,181.55 2,290.63
2 1,931.62 2,028.20 2,129.61 2,236.09 2,347.90
3 1,978.73 2,077.67 2,181.55 2,290.63 2,405.16
Office Assistant 1 4 2,02820 2,129.61 2,236.09 2,347.90 2,465.29
5 2,077.67 2,181.55 2,290.63 2,405.16 2,525.42
6 2,129.61 2,236.09 2,347.90 2,465.29 2,588.56
Account Clerk
Maintenance Worker 1 7 2,181.55 2,290.63 2,405.16 2,525.42 2,651.69
Office Assistant II
Zoo Education Curator 8 2,236.09 2,347.90 2,465.29 2,588.56 2,717.99
9 2,290.63 2,405.16 2,525.42 2,651.69 2,784.28
Central Receptionist
Office Assistant III 10 2,347.90 2,465.29 2,588.56 2,717.99 2,853.88
Account Clerk II
WWTP Operator in Training 11 2,405.16 2,525.42 2,651.69 2,784.28 2,923.49
Administrative Secretary
Building Maintenance Specialist
Maintenance Worker II
Permit Coordinator
Recreation Coordinator
Registered Veterinary Technician
Zookeeper I 12 2,465.29 2,588.56 2,717.99 2,853.88 2,996.58
Administrative Support Assistant
Building Technician
Engineering Technician I
Planning Technician 13 2,525.42 2,651.69 2,784.28 2,923.49 3,069.67
Finance Technician
Information Services Supervisor
Public Works Technician 14 2,588.56 2,717.99 2,853.88 2,996.58 3,146.41
15 2,651.69 2,784.28 2,923.49 3,069.67 3,223.15
Police Officer Recruit
Support Services Technician
WWTP Operator 1 16 2,717.99 2,853.88 2,996.58 3,146.41 3,303.73
Building Inspector
Engineering Technician II 17 2,784.28 2,923.49 3,069.67 3,223.15 3,384.31
Maintenance Leadworker
Senior Zookeeper
Support Services Lead Technician 18 2,853.88 2,996.58 3,146.41 3,303.73 3,468.91
19 2,923.49 3,069.67 3,223.15 3,384.31 3,553.52
Accounting Specialist
Administrative Assistant
Technical Trainer II
WWTP Operator II 20 2,996.58 3,146.41 3,303.73 3,468.91 3,642.36
Assistant Planner
Building Inspector II 21 3,069.67 3,223.15 3,384.31 3,553.52 3,731.20
22 3,146.41 3,303.73 3,468.91 3,642.36 3,824.48
23 3,223.15 3,384.31 3,553.52 3,731.20 3,917.7
Firefighter
Recreation Supervisor
WWTP Operator III 24 3,303.73 3,468.91 3,642.36 3,824.48 4,015.70
75
CITY OF ATASCADERO
SALARY SCHEDULE July 1, 2003
MONTHLY
IF
Executive Assistant
General Curator
Police Officer
Support Services Supervisor 25 3,384.31 3,553.52 3,731.20 3,917.76 4,113.65
26 3,468.91 3,642.36 3,824.48 4,015.70 4,216.49
Associate Planner
Building Maintenance Supervisor
Fire Engineer
Plans Examiner
Senior Police Officer 27 3,553.52 3,731.20 3,917.76 4,113.65 4,319.33
28 3,642.36 3,824.48 4,015.70 4,216.49 4,427.31
Accountant
Systems Administrator III
Zoo Director 29 3,731.20 3,917.76 4,113.65 4,319.33 4,535.29
30 3,824.48 4,015.70 4,216.49 4,427.31 4,648.68
Public Works Superintendent
Senior Building Inspector 31 3,917.76 4,113.65 4,319.33 4,535.29 4,762.06
32 4,015.70 4,216.49 4,427.31 4,648.68 4,881.11
Chief of Wastewater Operations
Senior Planner 33 4,113.65 4,319.33 4,535.29 4,762.06 5,000.16
Fire Captain
Fire Code Enforcement Officer
Police Sergeant
Senior Civil Engineer 34 4,216.49 4,427.31 4,648.68 4,881.11 5,125.17
35 4,319.33 4,535.29 4,762.06 5,000.16 5,250.17
36 4,427.31 4,648.68 4,881.11 5,125.17 5,381.42
37 4,535.29 4,762.06 5,000.16 5,250.17 5,512.68
Assistant to the City Manager
Deputy Administrative Serivices
Director
Fire Marshal/Building Official
Planning Services Manager
Redevelopment Specialist 38 4,648.68 4,881.11 5,125.17 5,381.42 5,650.50
Associate Civil Engineer 39 4,762.06 5,000.16 5,250.17 5,512.68 5,788.31
40 4,881.11 5,125.17 5,381.42 5,650.50 5,933.02
41 5,000.16 5,250.17 5,512.68 5,788.31 6,077.73
42 5,125.17 5,381.42 5,650.50 5,933.02 6,229.67
Deputy Community Development
Director
Deputy Community Services Director
Deputy Public Works Director 43 1 5,250.17 5,512.68 5,788.31 6,077.73 6,381.62
Police Lieutenant 44 5,381.42 5,650.50 5,933.02 6,229.67 6,541.16
45 5,512.68 5,788.31 6,077.73 6,381.62 6,700.70
46 5,650.50 5,933.02 6,229.67 6,541.16 6,868.21
47 5,788.31 6,077.73 6,381.62 6,700.70 7,035.73
48 5,933.02 6,229.67 6,541.16 6,868.21 7,211.62
49 6,077.73 6,381.62 6,700.70 7,035.73 7,387.52
50 6,229.67 6,541.16 6,868.21 7,211.62 7,572.21
76
CITY OF ATASCADERO
SALARY SCHEDULE July 1,2003
MONTHLY
AN
Administrative Services Director
Assistant City Manager
Community Development Director
Community Services Director
Information Technology Director
Public Works Director 51 6,381.62 6,700.70 7,035.73 7,387.52 7,756.89
Fire Chief 52 1 6,541.16 6,868.21 7,211.62 7,572.21 7,950.82
Police Chief PCF 1 7,530.96 7,907.51 8,302.88 8,718.03 9,153.93
City Manager CM 8,302.89 8,718.03 9,153.94 9,611.63 10,092.21
77
ITEM NUMBER: A-4
DATE: 10/28/2003
n
1911 � 19 B
I
CADS/
Atascadero City Council
Staff Report - Community Development Department
Planned Development Zone Code Text 2003-0083
1200 La Costa Court
(Charnley)
RECOMMENDATION:
Council adopt on second reading, by title only, the draft Ordinance, enacting Zone Code
Text 2003-0083 establishing Planned District 20.
DISCUSSION:
The proposed project consists of a request to establish a Planned Development 20 (PD-
20) overlay zone, and place a PD-20 overlay zone over the subject site with a
corresponding master plan of development (CUP) that would allow a 40-unit multi-family
residential development and a 18,730 square foot landscape buffer to be constructed on
the 2.9-acre site. The Vesting Tentative Tract Map would create a 40-lot subdivision.
The project will demolish one existing single-family residence.
On October 14, 2003, the City Council conducted a public hearing to consider a text
amendment of the Zoning Ordinance of the City of Atascadero. There were no changes
made by the City Council to the Ordinance during its first reading and it is ready for final
adoption as attached. The zone change will amend the Official Zoning Map consistent
with the Master Plan of Development for PD-20.
FISCAL IMPACT:
The project would be fiscally neutral and have no impacts on City revenues. As a
general rule, residential planned development overlay zones do not require services
beyond that which would be permitted within an underlying residential zoning district.
ATTACHMENT: Draft Ordinance
78
ITEM NUMBER: A-4
DATE: 10/28/2003
Draft Ordinance
DRAFT ORDINANCE A
AN ORDINANCE THE ATASCADERO CITY COUNCIL AMENDING
THE ZONING CODE TEXT ZCH 2003-0083 TO CREATE PLANNED
DEVELOPMENT OVERLAY DISTRICT 20 FOR USE IN THE RMF-16
ZONING DISTRICT FOR PARCEL APN 045-358-10
(1200 LA COSTA COURT/ CHARNLEY)
WHEREAS, an application has been received from Andy Charnley (200 S. Main Street,
Templeton, CA 93465) Applicant and Property Owner to consider a project consisting of a zone
change from RMF-16 (Residential Multi-Family) to RMF/PD-20 (Residential Multi-Family with
Planned Development Overlay#20) on a 2.9-acre site located at 1200 La Costa Court (APN 045-
358-010); and
WHEREAS, the site's General Plan Designation is HDR (High-Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-Family, 16
units/acre); and,
WHEREAS, General Plan HDR land use designation allows for the creation of multi-
family planned development projects with a maximum density of 16 units per acre and Zoning
Ordinance Article 28 allows Planned Development Overlay zones to be established to promote
orderly and harmonious development and to enhance the opportunity to best utilize special site
characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0024 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its
citizens by applying orderly development and expanding housing opportunities within the City;
and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA) have been adhered to; and,
79
ITEM NUMBER: A-4
DATE: 10/28/2003
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on September 2, 2003, studied and considered Zone Change 2003-0064, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 14, 2003,
studied and considered Zone Change 2003-0083, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-20 Planned
Development Overlav District. The City Council finds as follows:
1. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development.
2. 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.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on October 14, 2003 resolved to introduce for first reading an ordinance that would amend the
City Zoning ordinance with the following:
9-3.662 Establishment of Planned Development Overlay Zone No. 20: (PD20).
A Planned Development Overlay Zone No. 20 may be established in the RMF-16
multi-family residential zones on parcels APN 045-358-10 with a combined gross
acreage of 2.9 acres. The maximum density within the planned development
shall not exceed a gross density of 40 units on the 2.9-acre project site. The
following development standards shall be applied to the Planned Development
Zone No. 20:
(a) The Master Plan of Development (CUP 2002-0064) for the site shall be
approved. All construction and development shall conform to the approved
Master Plan of Development, as conditioned.
80
ITEM NUMBER: A-4
DATE: 10/28/2003
(b) No subsequent tentative parcel or tract map shall be approved unless found
to be consistent with the approved Master Plan of Development.
(c) Each dwelling unit, landscaping, walls and fencing shall be subject to review
under the City's Appearance Review requirements consistent with the
approved Master Plan of Development.
(d) Building setbacks, lot sizes, landscape area, and lot coverage shall be as
identified within the approved Master Plan of Development.
(d) All mechanical equipment, including HVAC units and utility meters, shall be
screened from view from adjacent streets and properties.
(e) Parking for one-resident vehicle shall be provided in a garage with minimum
interior dimensions of twelve (12) feet by twenty (22) feet. A minimum of one
guest parking space of at least nine (9) feet by twenty (20) feet shall be
provided on site for each unit within the driveway area may be used to satisfy
the guest-parking requirement. Gross total project parking shall be 3 spaces
per unit. Driveway widths may be tapered to less than 18 feet to
accommodate street tree planting. A minimum of one guest parking space of
at least nine (9) feet by twenty (18) feet shall be provided on site for each unit.
On-street parking shall not be used to satisfy the parking requirements.
(f) All front yards, street facing side yards, project perimeter, parking and
common areas shall be landscaped.
(g) Individual trash collection shall be used for each residential unit. Provisions
shall be made for storage of trashcans within the garage or fenced area.
(i) All utilities, including electric, telephone and cable, along the frontage of and
within the PD shall be installed underground.
(j) Alterations or additions to established dwelling units shall be subject to the
density standards of the underlying zone and shall be reviewed pursuant to
the City's Appearance Review Guidelines.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
81
ITEM NUMBER: A-4
DATE: 10/28/2003
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Jerry L. Clay, Sr., Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
82
ITEM NUMBER: A-5
DATE: 10/28/2003
ros a
Atascadero City Council
Staff Report - Community Development Department
Multi-Family Planned Development Zone Change 2002-0027
1200 La Costa Court
(Charnley)
RECOMMENDATION:
Council adopt on second reading, by title only, the draft Ordinance, enacting Zone
Change 2002-0027 adding the PD-20 zoning overlay district to an RMF-16 site.
DISCUSSION:
The proposed project consists of a request to establish a Planned Development 20
(PD-20) overlay zone, and place a PD-20 overlay zone over the subject site with a
corresponding master plan of development (CUP) that would allow a 40-unit multi-
family residential development and a 18,730 square foot landscape buffer to be
constructed on the 2.9-acre site. The Vesting Tentative Tract Map would create a 40-
lot subdivision. The project will demolish one existing single-family residence.
On October 14, 2003, the City Council conducted a public hearing to consider a text
amendment of the Zoning Ordinance of the City of Atascadero. There were no
changes made by the City Council to the Ordinance during its first reading and it is
ready for final adoption as attached. The zone change will amend the Official Zoning
Map consistent with the Master Plan of Development for PD-20.
FISCAL IMPACT:
The project would be fiscally neutral and have no impacts on City revenues. As a
general rule, residential planned development overlay zones do not require services
beyond that which would be permitted within an underlying residential zoning district.
ATTACHMENTS: Draft Ordinance
83
Draft Ordinance
DRAFT ORDINANCE B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO APPROVING ZONE CHANGE 2002-00279 AMENDING
THE OFFICIAL ZONING MAP DESIGNATION OF APN 045-358-010
FROM RMF-16 to RMF-16/PD-20
(1200 La Costa Court/ Charnley)
WHEREAS, an application has been received from Andy Charnley (200 S. Main
Street, Templeton, CA 93465) Applicant and Property Owner to consider a project consisting
of a zone change from RW-16 (Residential Multi-Family) to RMF/PD-20 (Residential
Multi-Family with Planned Development Overlay #20) on a 2.9-acre site located at 1200 La
Costa Court (APN 045-358-010); and
WHEREAS, the site's General Pian Designation is HDR (High-Density Residential);
and,
WHEREAS,the site's current zoning district is RMF-16 (Residential Multi-Family,
16 units/acre); and,
WHEREAS, General Plan HDR land use designation allows for the creation of
multi-family planned development projects with a maximum density of 16 units per acre and
Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to
promote orderly and harmonious development and to enhance the opportunity to best utilize
special site characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0024
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of
the City to enact this amendment to the Zoning Map to protect the health, safety and welfare
of its citizens by applying orderly development and expanding housing opportunities within
the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of
the California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
84
I
hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on September 2, 2003, studied and considered Zone Change 2003-0064, after first
studying and considering the Draft Mitigated Negative Declaration prepared for the project,
and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 14,
2003, studied and considered Zone Change 2002-0027, after first studying and considering
the Draft Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.Findings for Approval of a Zone Change to the Official Zoning
Map of Atascadero Creating a PD-20 Planned Development Overlay District. The City
Council finds as follows:
1. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development.
2. 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.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Approval. The Atascadero City Council, in a regular session
assembled on October 14, 2003 resolved to introduce for first reading an ordinance that
would rezone the subject site consistent with the following:
1. Exhibit A: Zone Change Map
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage
in the Atascadero News, a newspaper published and circulated in the City of Atascadero,
and; before the expiration of fifteen (15) days after its final passage in the Atascadero News,
a newspaper published and circulated in the City of Atascadero. A copy of the full text of
this ordinance shall be on file in the City Clerk's office on and after the date following
introduction and passage and shall be available to any interested member of the public.
85
INTRODUCED at a regular meeting of the City Council held on and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California
on , by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Jerry L. Clay, Sr., Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
86
Exhibit A: Zone Change Map
ZCH 2002-0027
1^\t 1= \
1 \
La Costa Court
Camino Real
\ Viejo Camino
Project Site
Existing Zone: RMF-16
Proposed Zoning: RMF-
16 PD-20
San Diego Way
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87
ITEM NUMBER: 10/A-6 - 3
DATE:
R
.tom
1� � 1978
1.
Atascadero City Council
Staff Report - Community Development Department
Single-Family Planned Development Zone Change 2003-0061
g 2955 Chico Road
(Midland Pacific, Inc.)
RECOMMENDATION:
Council adopt on second reading, by title only, the draft Ordinance, enacting Zone
Change 2003-0027 adding the PD-14 zoning overlay district to an RSF-Y site.
DISCUSSION:
• The proposed project consists of a three-lot subdivision, creating a ooessingndea the
ily
parcels and one open space parcel. The parcels would be de p
requirements of the PD-14 overlay district, consistent with "The Lakes" subdivision. The
open space parcel would also provide a pedestrian walkway to from The "Lakes" to
Chico Road, in compliance with the conditions of approval for that project.
On October 14, 2003, the City Council conducted a public hearing to consider a text
amendment of the Zoning Ordinance of the City of Atascadero, T There
it is ready for fere no inal
made by the City Council to the Ordinance during its first reading
adoption as attached. The zone change will amend the Official Zoning Map consistent
with the Master Plan of Development for PD-14.
FISCAL IMPACT: I'
The project would be fiscally neutral and have no impacts on City rev en re services
general rule, residential planned development overlay zones don q
beyond that which would be permitted within an underlying residential zoning district.
ATTACHMENT: Draft Ordinance
88
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,APPROVING ZONE CHANGE 2003-0061
AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF
APN 049-022-009 FROM RSF-Y TO RSF-Y/PD 14
(2955 Chico Road/APN 049-022-009/Midland Pacific Corporation)
WHEREAS, an application has been received from Midland Pacific Corporation, 6955
El Camino Real, Atascadero, California 93422, (Applicant), and LeRoy Davis; 6800 Graves
Creek Road, Atascadero, California 93422 (Property Owner) to consider a project consisting of a
zone change from RSF-Y (Residential Single Family, one acre minimum) to RSF-Y / PD-14
(Residential Single Family with Planned Development Overlay #14) with the adoption of a
Master Plan of Development, and a three-lot residential parcel map, on a 2.68 acre lot located at
2955 Chico Road(APN 049-022-009); and,
WHEREAS, the site's General Plan Designation is SFR-Y (Single Family Residential,
one acre minimum)• and
WHEREAS, the site's current zoning district is RSF-Y (Residential Single Family; one
acre minimum); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its
citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental.Quality Act(CEQA)have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning amendment; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on Tuesday, September 2, 2003, studied and considered Zone Change 2003-
0061, and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 14, 2003,
studied and considered Zone Change 2003-0061; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
89
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Creating a PD-14 Planned Development Overlay District. The City Council finds
as follows:
1. Modification of development standards or processing requirements is warranted to promote
orderly and harmonious development.
2. 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.
3. Benefits derived from the overlay zone cannot be reasonably achieved through existing
development standards or processing requirements.
4. Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on October 14, 2003 resolved to introduce for first reading an ordinance that would rezone the
subject site consistent with the following:
1. Exhibit A: Zone Change Map
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
90
INTRODUCED at a regular meeting of the City Council held on October 14, 2003, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California on
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO
By:
Jerry L. Clay, Sr., Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
91
Exhibit A: Zone Change Map
ZCH 2003-0061
Existing Zoning: RSF-Y
Proposed Zoning: RSF-Y(PD14)
2955 Chico Road
APN 049-022-009
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92
ITEM NUMBER: A-7
DATE: 10/28/2003
SIs 8
CAD��
Atascadero City Council
Staff Report - Community Services Department
Requests to Place Memorial Benches at Atascadero Lake Park
RECOMMENDATIONS:
Council:
1. Approve a request by Jerel Seay and friends of Kent Crow to install a Memorial
Bench at Atascadero Lake Park.
2. Approve a request by the Atascadero Women's Club to install a Memorial Bench
at Atascadero Lake Park.
•
DISCUSSION:
Background: The City of Atascadero has received two additional requests to install
Memorial benches in Atascadero Lake Park. (Attachments #1 & #2)
Previously, the Atascadero Parks and Recreation Commission identified four (4)
locations in Atascadero Lake Park for the installation of such Memorial Benches.
(Attachment #3) All four (4) of the Memorial Bench sites in Atascadero Lake Park are
still available. Specific colors and construction styles have been determined for
Memorial benches. The Parks and Recreation Commission has reviewed and
recommended approval of the proposed bench styles and locations. The requesting
families or organizations are responsible to cover all costs related to the installation of
this bench.
On Thursday, October 16, 2003, the Parks and Recreation Commission unanimously
recommended to the City Council, approval of the two requests to install a Memorial
Benches in Atascadero Lake Park.
Analysis: The Policy on the Naming of Public Buildings, Parks and Other Public
Facilities includes a provision to be followed by staff for the recognition of individuals.
93
SECTION 11, E.
In addition to the naming of public facilities by using the criteria established
above, the City can provide for the recognition of individuals, either deceased or
living, by the placement of memorial objects (symbols); such as living trees,
public benches, rocks, memorial flagpoles, sculptures, etc., in public facilities.
The placement and identification of these recognition symbols will be at the
discretion of the Parks and Recreation Commission and the City Council on a
case-by-case basis.
The two (2) requests received, all comply with previously established policies for the
recognition of individuals.
FISCAL IMPACT:
None. The requesting families or organizations cover all related costs to the purchase
and installation of Memorial benches.
ATTACHMENTS:
1. Letter from Jerel Seay and friends of Kent Crow
2. Letter from Atascadero Women's Club
3. Map of Atascadero Lake Park Memorial Bench locations
•
94
J
09/22/2003
To Whom It May Concern:
We would like to purchase a memorial bench for the Atascadero Lake Park in memory of
our friend Kent C. Crow who recently passed away. Attached is a check for$1,417.44 to
cover the expenses associated with the memorial bench.
Sincerely,
Jerel Seay, on behalf of the friends of Kent C. Crow
9/a9�3
•
Designation of Additional Memorial Bench
Receiver Sites at Atascadero Lake Park
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i
ITEM NUMBER: A-8
DATE: 10/28/2003
■ ■n ■ ■
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CADE��
Atascadero City Council
Staff Report - Public Works Department
Delegation of Authority for
Executing CalTrans Documents
RECOMMENDATION:
Council adopt the draft Resolution, authorizing the City Manager or his designee to
execute CalTrans documents.
DISCUSSION:
•
The City has two Master Agreements with the California Department of Transportation
(CalTrans) under which funding of transportation project is administered. Master
Agreement No. 000421 is for State-Funded projects, and Master Agreement No. 05-
5423 is for Federal-Aid projects.
Minute Orders from the City Council were an acceptable form of authorizing documents
with regard to execution of CalTrans documents; however, CalTrans has recently
changed their procedures and now requires that the authorizing document be in the
form of a City Council Resolution.
Attached is a "blanket" resolution, which will authorize the City Manager or his designee
The Cit
current)
Th Y
to
execute all manner of documents and agreements with CalTrans. Y
has several Program Supplemental Agreements pending that cannot be executed until
an authorizing thorizin resolution has been adopted. The authorizing resolution must be
referenced, and a copy attached to these documents when submitted to CalTrans.
FISCAL IMPACT:
The adoption of this Resolution will allow future authorizations and/or funding
reimbursements to be received by the City on CalTrans-administered projects.
98
ITEM NUMBER: A-8
DATE: 10/28/2003
ALTERNATIVES:
Do not adopt the Resolution - no further authorizations or funding reimbursements can
p 9
be processed by CalTrans.
ATTACHMENT:
Draft Resolution
99
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA APPROVING DELEGATION OF
AUTHORITY FOR EXECUTING CALTRANS DOCUMENTS
WHEREAS, the City of Atascadero is eligible to receive Federal and/or State funding
for certain transportation projects through the California Department of Transportation
(Caltrans); and
WHEREAS, Master Agreements, Program Supplemental Agreements, Cooperative
Agreements, Right of Way Certifications, Fund Exchange Agreements, Project Certifications
and/or Fund Transfer Agreements need to be executed with the California Department of
Transportation before such funds can be claimed; and
WHEREAS, the City of Atascadero wishes to delegate authorization to execute these
agreements, certifications and any amendments thereto to the City Manager or his designee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero that the Y g.Cit Manager or his designee are authorized to execute all Master
Agreements, Program Supplemental Agreements, Cooperative Agreements, Right of Way
Certifications, Fund Exchange Agreements, Project Certifications, Fund Transfer Agreements
and any amendments thereto with the California Department of Transportation.
On motion by Council member and seconded by Council
member , the foregoing Resolution is hereby adopted in its entirety on the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Jerry L. Clay, Sr., Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
100
ITEM NUMBER: A-9
DATE: 10/28/2003
■ ■e e ■
1918 a 1e e
Atascadero City Council
Staff Report - Public Works Department
Summary Vacation of an Unimproved Portion of
San Gabriel Road Colony Right-of-Way
Acceptance of Final Map 2003-0060
Parcel Map ATAL 01-344 (LLA 2001-0032)
10051 Santa Lucia Road
(Wright/Wilson)
RECOMMENDATIONS:
Planning Commission Recommends:
Council:
1. Summarily vacate a portion of San Gabriel Road colony right-of-way; and,
2. Adjust a lot line along a portion of San Gabriel Road colony right-of-way.
Staff Recommends:
Council:
1. Accept Final Map 2003-0060 (Parcel Map ATAL 01-344); and,
2. Reject offer of dedication for public street and utility purposes without prejudice to
future acceptance; and,
3. Authorize City Manager to sign Grant of. Easement to Southern California Gas
Company within the new right-of-way.
DISCUSSION:
Background: The City Council approved realignment of the original San Gabriel Road
on April 27, 1999 (Road Abandonment #99001). The subsequent Lot Line Adjustment
(#99004) was approved for 18 parcels to the north, south and east, and did not include
the applicant's property. The previous realignment of San Gabriel Road left a 3,750 SF
strip of land along the applicant's lot frontage that is no longer required for roadway or
public utility purposes. San Gabriel Road is currently improved to City standards.
101
ITEM NUMBER: A-9
DATE: 10/28/2003
A nonconforming structure exists within the old San Gabriel Road right-of-way. The
proposed lot line adjustment will result in the unneeded right-of-way reverting to the
property owner and the existing structure being contained within the applicant's
property.
Summary: On July 2, 2002, the Planning Commission adopted a resolution
recommending that the City Council summarily vacate a portion of San Gabriel Road
colony right-of-way. The Planning Commission also adopted a resolution
recommending that the City Council adjust a lot line along a portion of San Gabriel
Road colony right-of-way.
As a condition of these two resolutions, the applicant was required to have the
application reviewed by all applicable public and private utility companies. If new
easements were required, they were to be recorded prior to or concurrently with the
road abandonment. Southern California Gas Company currently holds a 25-foot-wide
easement within the proposed road abandonment. So. Cal. Gas has submitted a Grant
of Easement document for a 4-foot-wide non-exclusive easement within the realigned
San Gabriel Road discussed above.
Staff has reviewed the Grant of Easement and agrees with the language contained
therein. Upon signature of the Grant of Easement, Southern California Gas will issue a
Quitclaim document for the existing 25-foot wide easement. This document must be
recorded prior to recording the Final Map.
If Council abandons the right-of-way, it cannot deny the final map, which is consistent
with the approved tentative map. The legislative body is also required to accept, accept
subject to improvement or reject, on behalf of the public, any real property offered for
dedication for public use in conformity with the terms of the offer of dedication. Staff
recommends rejecting the offers of dedication for public street and utility purposes
without prejudice to future acceptance. Staff has determined that the Final Parcel Map
is consistent with approved Lot Line Adjustment.
FISCAL IMPACT: None.
ALTERNATIVES:
1. The City Council may deny approval of the proposed Road Abandonment, which
would nullify the Lot Line Adjustment. The existing nonconforming structure would
remain nonconforming.
2. The Council may continue the action and refer the project back to staff for additional
information or analysis. Direction should be given to staff and the applicant.
102
ITEM NUMBER: A-9
DATE: 10/28/2003
i
Exhibit A
Final Map 2003-0060(Parcel Map ATAL 01-344)
10051 Santa Lucia
Wright/Wilson
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104
ITEM NUMBER: A-9
DATE: 10/28/2003
Exhibit B
Final Map 2003-0060(Parcel Map ATAL 01-344)
10051 Santa Lucia
Wright/Wilson
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(Hatted) �\. \ Area(Hatched)
105
ITEM NUMBER: A-9
DATE: 10/28/2003
Exhibit C
Final Map 2003-0060 (Parcel Map ATAL 01-344)
10051 Santa Lucia
Wright I Wilson
Recording requested by and
when recorded mail to:
Southern California Gas Company
+P.O.Box 513249, M.L.GT26C2
Los Angeles,CA 90051-1249
Attn.: 'Land&Right of Way
GAS LEASE)AND Ct7HSl N'&
Atlas Sheet p SLO5707-3X Documentary,Transfer Tax$ VALUE 16 LESS THM 6"0.ROT 11110"
APN: 054181-012 Computed on lull valueof property conveyed
Computed an full value less Hens and
enclWbrances remaining at time of sale
?04a!/ ; - "ntheru California ras Company
GRANT OF EASEMENT
(RIGHT OF WA's
P_W. 190,320
CITY OF ATASCADERO ("Grantor"), hereby grants to Southern California Gas Company, a
California corporation, its successors and assigns ("Grantee"): a 4.00 feet in width non-exclusive
easement(or width of easement)to lay,construct,maintain,.operate,repair,replace,patrol,change the
size of,add to, or remove from time to time, as.Grantee deems necessary,one or more pipelines and
conduits,,together with metering, measuring, regulating, cathodic protection, communications :and
other appurtenances(all hereinafter referred to as the"Facilities")for the transportation of gas, energy;
communications, petroleum products and other substances (whether or not such substances are
transported at,any,particular time),over,under,through,along,and together with the reasonable right
of ingress-and egress to and from the easement Facilities and the right to use the Grantor's abutting
property during construction of the Facilities, the strip of land located in the City Of Atascadero,
County of San Luis Obispo,State of California,described in Exhibit"A" and depicted in Exhibit
"B"(together"the Easement')both attached hereto and made a part of this agreement,
Grantor,;for its heirs, successors and assigns, agrees that, except as provided below, no change of
grade of the Easement shall be made, that it shall not be inundated,that it shall be kept free of trees,
deep-rooted shrubs, buildings and structures of all kinds(except for Grantee's Facilities), and that
nothing shall be done to impair Grantee's vehicular access to or along the Easement.
Grantor reserves the right to (1)use any surface or subsurface areas,provided such use does not
unreasonably or substantially interfere with Grantee's use of the Easement; (2)improve the Easement
area surface with landscaping (except 'trees and deep-rooted shrubs), paved driveways, parking;
surfaces,sidewalks, curbs and gutters;provided,however,that before making any such improvements
involving a change of grade, Grantor and its heirs, successors and assigns,shall notify the Grantee in
advance.
106
ITEM NUMBER: A-9
DATE: 10/28/2003
R.W. 190;320
This Easement shall be binding upon and inure to the benefit of successors,heirs,and assigns of
Grantor and Grantee.
IN WITNESS WIiEREOF :these presents are hereby signed this_day of —20—.
GRANTOR
CITY OF ATASCADERO
SIGNATURE - SIGNATURE
NAME NAME
Trr't:E TITLE.
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )S-S,
On 20' before me, ,a notary public in and for
the State of California,personally appeared personally known to me
oT proved to me on the "basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same In
his/her/their authorized capacity(ties), and that by his/her/their signature(s) on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand official seal.
SEAL
Signature of Notary Public
107
ITEM NUMBER: A-9
DATE: 10/28/2003
EXMIT"A"
LEGAL DESCRIPTION
A strip of land; 4.00 feet wide, being a portion of Lot 9, Block 28 and Lot 25, Block 15, of
Amended Map of Atascadero Colony,in the City of Atascadero,County of San Luis Obispo,in the
State of California,and recorded in the{office of the County Recorder of said county,the easterly
line of said strip being described as follows:.
Beginning at the northerly corner of said Lot 9,Block 28;
Thence South 19°34'36"East, 16.01 feet to thetrue point of beginning of this description;
Thence South 34'20'58"East,52.53 feet;
Thence South 39°37'49"East,33.88 feet;
Thence South 41°10'45"East,84.41 feet;
Thence South 27°44'11"East, 12.32 feet;
Thence South 16°20'35"East,33.79 feet;
Thence South 24013'29"East,47.82 feet.
The westerly sidelines of said strip of land to be extended;or shortened to intersect at angle points.
And as,shown on the map attached hereto as Exhibit"B"and made a part hereof.
This legal description was prepared by me or undermy direction.
Grego S.No.5.923
Sip LAND
GORY
Fox cAt��a�
1-08-02
108
ITEM NUMBER: A-9
DATE: 10/28/2003
-;fX
POI'T 6 BEGINNIN
519'34'36"E 1¢. 1'
TRUE POINT OF EG/INNING Q
s
611" 00-
S b it
Q
0
S3937'49"E
+�J 33.88'
V,00\ O
.9 sy
off, o
Off_`
S27"44"11"E
ra '1 12.32'
ST6.20'35"E
-p33.79'
s�
,y4
S24°13'29"E
10 47.82'
LAND DESCRIBED PER EXHIBIT 'A'
EXHIBIT IIB" SCALE:1'Q 30'
DATE:1-8-03
SOUTHERN CALIFORNIA GAS COMPANY SPARED BY:CZ
PLAT TO ACCOMPANY LEGAL DESCRIPTION WO.:
CITY OF ATASCADERO,COUNTY&F SAN LUIS OBISPO .STATE OF CALIFORNIA W'R.:
A.S.- SLO 5707-3X
109
ITEM NUMBER: A- 10
DATE: 10/28/2003
Ion 1979
CMAN
Atascadero City Council
Staff Report - Public Works Department
EI Camino Real Traffic Signal
Synchronization Project Change Order
RECOMMENDATIONS:
Council:
1. Approve Change Order No. 2 in the amount of $42,250.00 with Lee Wilson
Electric Company for the installation of a four-camera system on the traffic signal
at the intersection of Traffic Way and EI Camino Real.
2. Authorize the City Manager to approve any additional change orders up to 20%
of the amended contract price.
DISCUSSION:
On June 6, 2001, $384,000.00 in 2000 State Transportation Improvement Program
(STIP) funds was allocated for the design and construction of two "Intelligent
Transportation System" projects in the City of Atascadero.
Council awarded a contract to Lee Wilson Electric on May 28, 2002, in the amount of
$173,310.00 for construction of the EI Camino Real Traffic Signal Synchronization
Project. On July 9, 2002, Council approved Change Order No. 1 in the amount of
$40,590.00 for the installation of traffic signal preemption equipment at five locations on
Highway 41. These preemption devices are used by the Fire Department to override the
signal during an emergency response.
Because there are remaining funds in the STIP grant, staff is requesting approval for
Change Order #2 in order to install a camera system. The camera system is used to
replace the traffic loops in the street. The loops send a message to the traffic signal that
a vehicle is waiting. The cameras perform the same function as the loops except they
are mounted on the signal pole. The advantages to the cameras are that they are not
damaged during road repair and the target they look at can be easily changed. This will
be beneficial during the construction of the EI Camino Real Beautification project and
110
ITEM NUMBER: A- 10
DATE: 10/28/2003
any other future project. The disadvantage to cameras is that they sometimes have
trouble picking up white cars in heavy fog. The entire signal system in San Luis Obispo
has gone to camera detection.
FISCAL IMPACT:
$15,000.00 savings on the EI Camino Real Beatification Project by not replacing
existing loops.
The EI Camino Real Traffic Signal Synchronization and the Signal Preemption Project
are both included in the FY 2003-04 budget.
Project Expenditures
Construction $256,150
Contingencies @ 10% $25,620
Construction Engineering (inspection, Contract $51,230
'
Administration @ 20%
Total Project Expenditures: $333,000
Project Revenue
State Transportation Improvement Program $384,000
STIP
Total Project Revenue: $384,000
Of the $384,000 in STIP funds, any unexpended amounts will automatically revert to
-the State and may not be used on another City project.
ALTERNATIVES:
1. Authorize Change Orders No. 2
2. Do not authorize Change Order No. 2-This is not recommended. The state
funding is in place for the project.
111
ITEM NUMBER: A- 11
DATE: 10/28/2003
1979
Atascadero City Council
Staff Report Police Department
Police Vehicles Purchase
RECOMMENDATION:
Council authorize the purchase of two replacement police vehicles from Wondries Fleet
Division.
1
DISCUSSION:
The City currently replaces high mileage police vehicles in accordance with an
established replacement plan. Two marked patrol vehicles are scheduled,. for
replacement due to their age and high mileage. Replacement of the vehicles is
necessary to maintain a safe and reliable fleet and to keep repair costs at a reasonable
level.
Wondries Fleet Division offers Ford Crown Victoria Police Interceptor and Ford
Expedition 4 X 4 police vehicles under the Cooperative Purchase ,Provision of the Los
Angeles County Bid #207488. The price for both vehicles under the Bid is lower than
the State of California contract price. Purchasing both vehicles through Wondries Fleet
Division will result in a total saving of $3,691.55, including sales tax. The purchase of
both vehicles is consistent with the City's Purchasing Policy.
FISCAL IMPACT:
$53,452.68 Funds are provided in the 2003/2004 City budget.
ALTERNATIVES:
1. Defer replacement at this time. Not recommended due to increased ongoing
maintenance costs.
112
ITEM NUMBER: B-1
DATE: 10/28/2003
a
All
ieis � i e
Atascadero City Council
Staff Report - Community Development Department
Single-Family Planned Development Zone Change 2003-0045,
Master Plan of Development (CUP 2003-0094),
Vesting Tentative Parcel Map 2003-0040
5516 Tunitas Avenue
(Thibeault)
RECOMMENDATIONS:
Planning Commission Recommends:
1. Adopt draft Resolution A certifying Mitigated Negative Declaration 2003-0034;
and,
2. Introduce for first reading, by title only, draft Ordinance A approving Zone
Change 2003-0045 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of Development (CUP 2003-
0094) based on findings and subject to Conditions of Approval and Mitigation
Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Parcel Map 2003-0040,
based on findings and subject to Conditions of Approval and Mitigation
Monitoring.
REPORT- IN - BRIEF:
The proposed project consists of an application for a Zone Change, Conditional Use
Permit (CUP) and Vesting Tentative Parcel Map. The Zone Change request would
establish a Planned Development #7 overlay on the site subject with a master plan of
development (CUP) that would allow three (3) new single-family residences to be
constructed in addition to the one (1) existing single-family Colony house. The
Tentative Parcel Map would create a four (4) lot subdivision. The project includes
retention of an existing single-family residence.
113
ITEM NUMBER: B - 1
DATE: 10/28/2003
Situation and Facts:
1. Applicant/ Representative: Beauwest, LLC, 7400 Balboa Avenue, Atascadero, CA
93422, (805) 550-5857
2. Project Address: 5516 Tunitas Avenue, Atascadero, CA 93422
(San Luis Obispo County) APN 029-081-003
3. General Plan Designation: General Plan Designation: Medium-Density Residential
(10 units/acre)
4. Zoning District: RMF-10 (Residential Multiple Family)
5. Site Area: 0.59 acre
6. Existing Use: Single Family Residence
7. Environmental Status: Proposed Mitigated Negative Declaration 2003-0034
DISCUSSION:
Background: On September 16, 2003, the Planning Commission held a public hearing
for the proposed project and recommended that the City Council approve the proposed
project, as conditioned. The Commission recommended project approval on a 7-0 vote.
Project Definition: The proposed project consists of three new single-family homes and
retention of one existing single-family home located on individual lots that will be
developed under the requirements of the PD-7 overlay district within the RMF-10
(Residential Multi-Family) zoning district. The two proposed residences nearest Rosario
Avenue (Unit A & B) are approximately 2,269 square feet. The third proposed
residence nearest Tunitas Avenue (Unit C) is approximately 1,287 square feet. The
existing 1,040 square foot home will remain in its present size and location.
The project includes one home per lot each with a two-car garage. Each unit is
consistent with the PD-7 requirement of providing a minimum 40% parcel landscaping
and building footprints of less than 35% of the parcel area. A Master Plan of
Development will include all site development and architectural design standards for the
project. The Master Plan of Development will be approved in the form of a Conditional
Use Permit as required by the Zoning Ordinance. Any future amendments to the
Master Plan of Development can be made by the Planning Commission in the future,
independent of Council action.
114
ITEM NUMBER: B-1
DATE: 10/28/2003
Project Summary Table:
Lot Area 5989 sf 5441 sf 8109 sf 5195 Si
Building Footprint 1222 sf 1222 sf 1690 sf 1420 sf
not to exceed 35% 20% 23% 20% 27%
Landscaped Area 2828 sf 3864 sf 2890 sf 3012 sf
minimum 40%required) 48% 71% 36% 58%
Covered Parking 2 space 2 space 2 spaces 2 spaces
Guest Parking 2 space 2 space 1 space 1 spaces
Floor Plan A A B Existing
Lower Living Area 874 874 1230 1040
Upper Living Area 1395 1395 01 0
Garage 624 sf 624 sf 380 sfl 380 sf
Existing Setting: -
North: Residential
South:Residential
East: Residential
West: Residential
The General Plan and Zoning Ordinance identifies the project site, along with adjacent
properties to the north, south and east as Medium-Density Residential with a maximum
density of 10 units per acre. Properties to the west are designated as single-family-
residential with a one-acre lot minimum. However, most of the properties are less than
one-acre in size. The project site multi-family residential zoning is consistent with the
General Plan. The 0.59-acre project site allows a maximum density of six units.
However, the General Plan and zoning incorporates factors such as slope, native trees,
circulation, building coverage and landscape development standards that reduce the
density accordingly. The zoning ordinance allows the establishment of a Planned
Development Overlay No. 7 (PD-7) in the multi-family zone, which requires a minimum
of four single-family units consistent with the PD-7 site development standards and
appearance review.
The PD-7 requires a Master Plan of Development which incorporates site development
standards and appearance review including architecture, landscaping, and historic
preservation. Consistent with the zoning ordinance, the Master Plan of Development is
processed as a Conditional Use Permit.
115
ITEM NUMBER: B- 1
DATE: 10/28/2003
Design and Appearance: The proposed project has been designed to meet the
requirements of the Atascadero Municipal Code and the appearance review
requirements of the General Plan. The appearance of the side elevation of unit C was
raised during the Planning Commission hearing. Although the unit has a long side
elevation, this view will be blocked by the existing unit and should not create any off-site
incompatibility issues.
Architecture, Materials, Color: The applicant has worked with staff in designing the
homes with special architectural features, upgraded building materials, compatible
colors, and landscape design. In addition, staff has added conditions of approval
consistent with General Plan & Zoning requirements, as identified below.
The project has been designed with residential units that incorporate architectural
themes and materials compatible with this traditional Atascadero Colony neighborhood.
Each home has been designed with traditional styling, color, and material palette. Only
minor conditions of approval have been included regarding exterior material finishes
(wood, materials, lighting, garage doors) (Conditions 6, 13, and Mitigation Measures
5.a.1, 5.a.2, 5.a.3). A variety of architectural embellishments will be incorporated into
the different new house designs, including: covered entry porches, double or single
hung windows, window shutters, architectural banding, decorative gable vents, and
composition roof materials. A separate color scheme is proposed for each new house.
All trash storage, recycle storage, and air conditioning units will be screened from view
behind fenced or landscaped enclosures. The site landscaping plan includes a variety
of native and accent trees. The developer will landscape all front yards (Condition 9).
Back yards will be landscaped by the individual property owners. All landscape
maintenance will be the responsibility of the individual property owner.
116
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Mammi
ITEM NUMBER: B- 1
DATE: 10/28/2003
The applicant has included a color and material sample board for each house plan.
Refer to Exhibit J for details. All colors appear to be historically compatible.
Landscape Design: The preliminary landscape plan has been designed for compatibility
with the surrounding neighborhood and visual appearance from Tunitas Avenue. The
plans identify landscaping throughout the site. The landscape plan and palette meets
the PD-7 requirements. There are four native oak trees located on the uphill portion of
the site. These four native oak trees will not be impacted by the proposed project. The
project arborist will certify that the tree protection plan was implemented correctly and
the trees designated for protection were protected during construction.
Due to the on-site topography, the use of retaining walls is required on Parcel 2, 3, and
4. A condition of approval has been included to design such walls to match or
compliment the texture and color of the primary residence (Condition 11).
Site Plan, Circulation, and Parking: The site plan has been designed to meet the
requirements of the Atascadero Municipal Code and the appearance review
requirements of the General Plan. The project will include street frontage improvements
along Tunitas Avenue. As a result of potential site impacts to the Colony house site, the
project includes a 16-foot wide driveway with decorate pavers (Condition 16).
A special finding has been included to address that the existing Colony house does not
include an on-site guest parking space. Unit A, B, and C all contain on-site parking
spaces consistent with the code-requirements.
Site Drainage: The site slopes to the southeast. Drainage has been designed to flow
into an on-site storm water detention basin located within the Tunitas Avenue front yard
lawn area.
Wastewater: Sanitary sewer will be connected to the existing Tunitas Avenue sewer
line.
Tree Protection: Although no native trees will be removed from the project site, there
are four trees that may be impacted due to project construction. Mitigation measures
have been incorporated into the project to reduce impact to native trees to a less than
significant level (Mitigation Measures 4.e).
Historic Preservation: General Plan Policy LOC 6.3 and LOC 6.4 encourages the
preservation of historic Colony Homes. Program LOC 6.3.5. encourages the use of
Planned Developments to retain and rehabilitate historic buildings. Consistent with the
General Plan, the existing Colony house will be preserved and incorporated into the
projects.
118
ITEM NUMBER: B- 1
DATE: 10/2$/2003
As identified on the 1926 Sanborn Insurance Map and the project title report, it appears
the on-site residence was built between 1919 and 1926. The 1926 Sanborn Insurance
Map identifies a single-family 1-story residence built on the subject property in its
existing location and configuration.
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Upon a site inspection by staff, it appears that the house retains a high level of integrity,
with a vernacular Craftsman Bungalow style that was common in pattern books and
popular magazines from about 1905 until the early 1920s. Although a detailed historic
evaluation has not been prepared, it appears that the historic house exhibits local
significance in the area of architecture as an example of vernacular Craftsman
architecture that possesses integrity of location, design, setting, materials,
workmanship, feeling and association, and may be eligible for individual listing in the
California Register of Historical Resources.
Criterion C that includes structures that "embodies the distinctive characteristics of type,
period, or method of construction, that represent the work of a master, or that possess
high artistic values." Under Criterion C, the property is significant because it embodies
characteristics distinctive to its period of construction (1919) and because it possess
high artistic value.
Properties eligible for National Register inclusion must meet the criteria of significance
and possess integrity. Integrity has seven aspects: location, design, setting, materials,
119
ITEM NUMBER: B- 1
DATE: 10/28/2003
workmanship, feeling and association. Staff has provided a brief evaluation of each
aspect as follows:
Location: The Colony house remains on its original construction site and
possesses integrity of location.
Design: The Colony house retains its single-story vernacular Craftsman
bungalow detailing and design integrity. The building exhibits a pair
of low-pitched front gabled roofs with a central hipped porch,
decorative braces under gables, exposed roof rafters, redwood
clapboard siding, and window and door placement.
Setting: The Colony house retains its original 0.59-acre parcel. Many of the
surrounding lots are as depicted in the original 1916 Colony Plat
Map and 1926 Sanborn Map. However, newer residences
surround the house. Site features such as any original ornamental
landscape are non-existent with the exception of the open front
lawn and the on-site oak trees. The property possesses marginal
integrity of setting because of the surrounding altered physical
environment.
Materials: The Colony house features characteristics and materials distinctive
to smaller vernacular Craftsman bungalow homes as seen in the
building detailing. There is a high degree of integrity of
workmanship.
Workmanship: Vernacular artisan craftsmanship is revealed in the construction
details of this residence, including the eve brackets, distinctive
wood clapboard siding, double-hung wood windows, front porch
construction, and a foundation built into the slope which provides
an elevated font porch and raised appearance.
Feeling: Like setting, the integrity of feeling is diminished for the Colony
house by changes in the neighborhood. Originally sharing larger
lots by similar properties, the colony house property is presently
adjacent to smaller subdivided properties some of which are
presently occupied by contemporary residential buildings. The
Tunitas Avenue neighborhood contains several Colony-era
residences and the mature landscaping and street trees provide a
connection to the original Colony town setting. However, the infill
development of vacant lots with more contemporary multi-family
dwellings and complexes has diminished the historic setting and
feeling.
120
ITEM NUMBER: B- 1
DATE: 10/28/2003
Association: Association with Atascadero community has not been researched
at this time. However, with additional research and analysis, it may
be possible to establish a clear association with a pioneering or
prominent figure in the community during the early era of
Atascadero Colony development.
Consistency with U.S. Secretary of the Interior's Standards: The proposed project
shall incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for
Rehabilitating Historic Buildings. The standards apply to the exterior rehabilitation of
the Colony house, design and construction of the proposed three homes, retention of
the on-site oak trees, and proposed landscape improvements to the overall project site.
For detailed information, the National Park Service maintains a web site at
http://www2.cr.nps.gov/tps/tax/rhb/. In addition, a copy of the guidelines can be
reviewed at the Community Development Department.
The proposed construction, lot size, and site improvements will contribute toward
increasing the economic viability of the existing house as an original Atascadero Colony
residence. In addition, the Colony house lot shall include a deed restriction preventing
the site from being subdivided or from being altered that degrades the significance of
this historic house.
The overall project site has been carefully planned to reduce impacts to the historic
house and setting to a level of insignificance. An additional mitigation has been
included to require Covenants, Conditions and Restrictions (CC&R's) or equivalent
mechanism that incorporate the planned development conditions of approval to ensure
that the site retains the historic qualities (historic buildings, architecture, colors,
materials, fencing, and landscaping) overtime.
Proiect Benefits: One of the required findings for approval of a planned development
rezone is that the project must "offer certain redeeming features to compensate for the
requested modification." Due to the site's limited area and relatively small subdivision,
no room is available for common recreational facilities. However, the project will have a
number of "redeeming features" which include the following: 1) preservation of the
historic Colony house; 2) sensitive design of new homes and placement in relation to
the historic Colony house; 3) each unit will have a private yard area that will allow for
outdoor recreational opportunities, 4) architectural and landscape features of the project
have been designed to enhance the project's appearance and benefit the surrounding
neighborhood, and 5) the paved private driveway will incorporate special paving
treatment (Mitigation Measure 5.a.3).
121
ITEM NUMBER: B- 1
DATE: 10/28/2003
Affordable Housing: The City Council has implemented an interim inclusionary
affordable housing program to include a fixed percentage of units within residential
developments that require a legislative approval to be reserved as deed restricted
affordable units or a in-lieu fee to be collected. This interim program allows the project
applicant a choice of either setting aside one housing unit at the moderate rate for a
period of 30 years, or paying an in-lieu fee based on 2.50% of the construction valuation
of each of the market rate units. A condition of approval has been added to this effect
(Condition 12 and TPM 9). According to the San Luis Obispo County Department of
Planning & Building, a 3-bedroom moderate level affordable unit only qualifies if the
sales price does not exceed $ 294,697 or the rent does not exceed $ 1,232 per month
with a 30-year deed restriction commitment. These numbers are subject to change as
they are adjusted monthly.
Tentative Parcel Map: A four-lot parcel map is proposed as part of the project
consistent with the Master Plan of Development. The parcel map has been conditioned
by staff to meet all City standards including street frontage improvements. The
applicant will be required to record CC&R's for the map that will include maintenance
and access of common areas (Condition TPM 11).
Master Plan of Development (Conditional Use Permit): As previously mentioned, a
Master Plan of Development is required for the PD-7, to be approved through the
Conditional Use Permit process. The Conditional Use Permit process provides the
opportunity for the public and the City to review the specifics of land use proposals,
such as architectural design, site design, landscape, signage, and specific standards of
the zoning ordinance. The Planning Commission is recommending that the City Council
make the following five findings:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual
Staff Comment: The use is consistent with the Medium Density Residential
designation of the Plan and General Plan Land Use Element Policy 1.1, Policy 6.4,
and Housing Element Policy 4.3.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD-7 Ordinance.
Staff Comment: As conditioned, the project satisfies all PD-7 zoning code
provisions.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
122
ITEM NUMBER: B-1
DATE: 10/28/2003
Staff Comment: The proposed residential project will not be detrimental to the
general public or working persons health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The project has been designed to be consistent with the existing
neighborhood character, and to enhance the historic colony house site integrity by
providing a smaller narrow lot along the northerly property edge immediately
adjacent to Colony house, and the larger lots hillside lots along Rosario Road.
The proposed four single-family lots, including the existing residence, on 0.59 acres
is consistent with the City's "Smart Growth Principles", identified as orderly and
efficient infill development concentrated within the Urban Core area, specifically
within the medium- and high-density land use designations. The project site is within
the City's medium-density residential designation, which allows single-family
residential.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The
ro osed project and use is consistent with the traffic
p p
projections and road improvements anticipated within the General Plan. The
proposed project density (10 units/acre) equates to a maximum of 6 units on the
project site.
Based on staff's analysis in the preceding sections, it appears that all of the required
findings for approval of a Master Plan of Development (Conditional Use Permit) can be
made.
General Plan Consistency: The proposed project is consistent with the following
General Plan Land Use Element Policies:
Land Use Policy 1.1: `Preserve the rural atmosphere of the community and assure
"elbow room" in areas designed for lower density development by guiding new
development into the Urban Core to conform to the historic Colony land use patterns of
the City and to respect the natural environment, hillside area and existing
neighborhoods".
Land Use Policy 6.4: "Encourage conservation and preservation of structures and
houses that have historical and architectural significance."
123
ITEM NUMBER: B - 1
DATE: 10/28/2003
Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping
that respect terrain and native trees".
Implementing General Plan programs require appearance review of architectural
design, materials, street trees, and landscaping to maintain the rural atmosphere and
protect the environment, and incorporate architectural themes into the site and building
design. In addition, the General Plan requires utilization of the U.S. Secretary of the
Interior's Standards and Guidelines for Rehabilitating Historic Properties for assessing
proposed improvements to historic properties. As analyzed above, the proposed
project, as conditioned is consistent with the General Plan.
The Planning Commission recommends that the project is consistent with the goals and
policies of the Land Use Element and the Housing Element, with the retention of the
historic Colony house and the inclusion of one affordable moderate-income unit. As
conditioned, the project incorporates architectural and landscape elements that are
consistent with the scale and character of the historic colony house, the surrounding
neighborhood, and the General Plan's appearance review requirements.
Proposed Environmental Determination: Staff has prepared a Draft Mitigated Negative
Declaration circulated to public agencies and interested members of the public on July
16, 2003. The historic documentation provided by the applicant and analyzed by staff
has been incorporated into the environmental documentation. The environmental
analysis identified concerns regarding potential impacts to Cultural (Historic) Resources,
Land Use and Planning. Mitigation measures pertaining to the project design, siting
criteria, and the U.S. Secretary of the Interior's Standards and Illustrated Guidelines for
Rehabilitating Historic Buildings are included. A finding is proposed that this project
would not have a significant effect on the environment based upon the implementation
of the identified mitigation measures.
The Initial Study has evaluated the potential for this project to cause an adverse effect --
either individually or cumulatively -- on wildlife resources. There is no evidence the
proposed project would have any potential for adverse effect on wildlife resources.
Based on this finding, a Certificate of Fee Exemption will be submitted with the Notice of
Determination after project approval, as required by Public Resources Code section
21089. The Certificate of Fee Exemption allows the project to be exempted from the
review fee and environmental review by the California Department of Fish and Game.
The Planning Commission is recommending the City Council certify Proposed Mitigated
Negative Declaration 2003-0034.
Conclusion: The proposed project is consistent with the General Plan and Atascadero
Municipal Code, as analyzed within this staff report. The applicant has proposed design
modifications and agrees with all mitigation measures and conditions of approval. It is
staff's opinion that the proposed project, as conditioned allows the Council to make all
of the required findings for project approval.
124
ITEM NUMBER: B- 1
DATE: 10/28/2003
FISCAL IMPACT:
The project would likely have a slight negative impact on City revenues. As a general
rule, single-family dwellings require services that exceed the revenue generated by the
proposed uses.
ALTERNATIVES:
1. The Council may make modifications to the project and/or conditions of approval
for the project.
2. The Council may determine that more information is needed on some aspect of
the project and may refer the item back to the applicant and staff to develop the
additional information. The Council should clearly state the type of information
that is required and move to continue the item to a future date.
3. The Council may deny the project. The parcel would retain its designation of
Residential Multi-Family. The Council should specify the reasons for denial of
the project and make an associated finding with such action.
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2 Planning Commission Meeting Minutes
Attachment 3 Draft Resolution A - Proposed Mitigated Negative Declaration
Attachment 4: Draft Ordinance A - Proposed Zoning Map Change
Attachment 5: Draft Resolution B - Proposed Master Plan of Development
Attachment 6: Draft Resolution C - Proposed Vesting Tentative Parcel Map
125
ITEM NUMBER: B- 1
DATE: 10/28/2003
Attachment 1: Location Map, General Plan and Zoning
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126
Attachment 2-Planning Commission Minutes of 9/16/03
CITY OF ATASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
September 16, 2003 — 7:00 P.M.
CALL TO ORDER
Chairperson Fonzi called the meeting to order at 7:04 p.m. and Commissioner Jones led the
Pledge of Allegiance.
ROLL CALL
Present: Commissioners Bentz, Beraud, Jones, O'Keefe, Porter, Vice Chairperson Kelley
and Chairperson Fonzi
�bsent: None
Staff: Community Development Director Warren Frace, Planning Services Manager
Steve McHarris, City Engineer Steve Kahn, Associate Civil Engineer Jeff van den
Eikhof, Associate Planner Kelly Gleason, Associate Planner Kerry Margason,
Assistant Planner Lisa Wilkinson, Fire Chief Kurt Stone and Recording Secretary
Grace Pucci.
APPROVAL OF AGENDA
MOTION: By Commissioner Jones and seconded by Commissioner Bentz to approve the
agenda.
AYES: Commissioners Jones, Bentz, Beraud, O'Keefe, Porter, Kelley and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll-call vote.
127
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON SEPTEMBER 2, 2003.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Bentz to approve the
Consent Calendar
AYES: Commissioners Bentz, Beraud, Porter,O'Keefe, Kelley and Chairperson Fonzi
NOES: None
ABSTAIN: Commissioner Jones
Motion passed 6:0 by a roll-call vote.
PUBLIC COMMENT
Eric Greening, 7365 Valle, drew the Commissions attention to the City Council's strategic
planning session and the informal direction given to pursue extending the second units beyond
the current zone in which they are allowed to any area in the City with one-acre lots or more.
Mr. Greening felt this directive would have considerable implications for the General Plan and
its Environmental Review, and in relation to the City's adoption of smart growth principles.
Chairperson Fonzi closed the Public Comment period.
COMMUNITY DEVELOPMENT STAFF REPORTS
Community Development Director Warren Frace introduced new Assistant Planner Lisa
Wilkinson to the Commission.
2. TREE REMOVAL PERMIT 2003-0039: 8270 TOLOSO ROAD
Request to remove thirty-three (33) native oak trees, two of which are in excess of
24"dbh, in conjunction with the development of an 3,416 square-foot single-family home
located at 8270 Toloso Road(APN 056-411-023)
Staff recommends:
The Planning Commission adopt Resolution PC 2003-0091 to approve the request to
remove twenty-four(24)native oak trees subject to the guidelines and mitigation required
by the Atascadero Native Tree Ordinance.
128
Associate Planner Kelly Gleason provided the staff report and answered questions of the
Commission.
Chairperson Fonzi entered into the record a letter from Gordon R. Hensley, Executive Director
of Environment in the Public Interest. (Exhibit A)
PUBLIC COMMENT
Mike Messer, applicant, described the home he wishes to construct and oke about the site and
pp P
the process he pursued in an attempt to save more trees on the property. He felt the proposed
project is the best he can do in order to make this home design work on the site. Mr. Messer
answered questions of the Commission.
Commissioner Jones asked the applicant to describe the process he went through with staff to
determine how to save more trees on the site, i.e. the use of stem walls, etc. Mr. Messer stated
that he has not considered the use of stem walls and that originally they had a much larger pad
for the house and allowed for a larger yard in the back which then pushed the toe of the fill
further out and impacted more trees.
Chairperson Fonzi questioned whether the applicant had considered a two story home rather than
a long one story. Mr. Messer stated that he had not, he has a house plan that he has built before
and is pleased with, and this is the house he wants to build.
Vice Chairperson Kelley asked Mr. Messer if he had given any thought to a raised foundation as
it seems on that lot the cost of tree removal and the mitigation fees would be more costly than
just doing a raised foundation, which would create fewer impacts on the lot. The applicant stated
that he is looking at this project from the point of view of either himself or somebody living in
the house and enjoying the area with a little yard to enjoy the view, and he feels the submitted
plan is the best use of the property.
Eric Greening felt that the Commission would be unable to make the findings as required. Many
of the remaining lots in the community are difficult to build upon and as a result many trees are
being removed to accommodate single-family homes. He does not feel that the EIR on the
General Plan countenanced the taking of the thousands of trees that this type of development
would generate given the difficulty of building on those lots. Mr. Greening encouraged the
Commission to be conservative in defining the word"reasonable, " and encouraged some of the
construction alternatives already discussed by the Commissioners. He also reminded the
Commission that most of these trees are in good condition, and the fact that they have a small
diameter does not make them less valuable.
Clement Salvadore, 8240 Toloso Road, stated that he has lived in the area for 12 years and is
taken aback by the number of trees slated for removal on the applicant's lot. He felt this project
is better suited to a flat lot with no trees, and is not suitable for Toloso Road. Additionally the
removal of this many trees is opposed to the intent of the Atascadero Native Tree Ordinance.
129
Galen Little, 8265 Toloso Road, indicated that he lives directly across the street from the subject
property as well as being a contractor and developer. He has looked at this site and felt
something with a raised foundation would be more suitable to the lot. He encouraged the
applicant to hire an architect to design a structure for the site instead of forcing the site to fit the
current house plan. Mr. Little answered questions of the Commission.
Thomas Marks, 8251 Toloso Road, gave a brief history of the development of this area. He
expressed shock over the number of trees to be removed and felt the applicant should design his
home to fit the property.
Robert Johnson,Toloso Road, said he agreed with the other speakers and felt the plan for this
home was not appropriate for the lot. He also felt the home should be built for the lot and felt the
photographs in the staff report misrepresented the terrain of the site, as they made it look flat
when in reality there is in excess of a 30 degree slope.
Ron Kapal, 8165 Castenada Lane, stated that he supports the views of the other speakers.
Commissioner Jones requested that the applicant respond to the concerns addressed by the
previous speakers. Mr. Messer made the following responses: 1)he will live in the home once it
is built, it is not a spec home, 2) this is not just a dollars and cents approach to developing the
property, and 3) he wants the house to work on the site. Regarding stem walls and other designs,
he stated he had looked at doing a two-story house and felt certain constraints such as the
driveway approach, and the build-able area (which is very narrow)would still require grading.
Chairman Fonzi closed the Public Comment period.
Vice Chairperson Kelley stated he believes in property rights and feels there is not a lot of area
on this lot to build a house without impacting trees, however, if the applicant would just do the
stem wall and use that type of construction, all tree impact to the right of the site would be
eliminated. He also felt the decision to build a one or two story house should be made by the
applicant.
Commissioner Jones indicated that he would have a difficult time making the findings that would
satisfy the Atascadero Native Tree Ordinance as well as those presented by staff. He feels that
the applicant hasn't considered other design alternatives, and it appears hasn't discussed any
alternatives with staff and for this reason he is unable to vote for the project as it currently
stands.
Commissioner O'Keefe thanked the neighbors for coming out and speaking on behalf of a more
site-sensitive design. She indicated that she also was unable to make the finding that practical
design alternatives were looked at, something that is a requirement in the Tree Ordinance. For
this reason she is unable to support this particular design on this lot.
Commissioner Porter felt that there are practical ways through design alternatives to save many
of the trees on the property, and he is hopeful that the applicant will take some of the suggestions
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discussed by the Commission and try to implement them on this lot. He also is unable to make
the findings required.
Commissioner Beraud stated that she was in accordance with the views expressed by the
Commission. She reviewed the criteria the applicant must meet to make the findings, and felt the
Commission must set standards for this type of lot that will assist the planning staff in suggesting
design alternatives to future applicants. Commissioner Beraud will vote against the project.
MOTION: By Commissioner O'Keefe and seconded by Chairperson Fonzi to deny the
request for the removal of the 24 trees that the applicant is requesting.
Vice Chairperson Kelley suggested continuing this item rather than denying it so the applicant
could work with staff without paying additional fees.
Chairperson Fonzi asked staff for direction on this suggestion.
Director Frace indicated that the Commission could take either option; both would have the same
effect. If the permit were denied the project would have to be redesigned and reprocessed for
Commission approval. If it is sent back to staff for the applicant to redesign, there would be the
same effect. Director Frace stated that staff understands that the Commission feels the tree
removals and grading are excessive and that they would like to see the project redesigned to
minimize the tree removals. He felt it would be cleaner to just refer the item back to staff with
this direction and staff could work with the applicant to redesign the project and bring it back to
the Commission.
Commissioner O'Keefe withdrew her motion, and Chairperson Fonzi withdrew her second.
MOTION: By Commissioner Jones and seconded by Commissioner O'Keefe to direct the
applicant to go back to staff to work with staff to satisfy the conditions of the Tree
Ordinance to consider alternative designs and also some of the cost comparison
design work that needs to be done and to have staff bring it back at such time that
it is ready for the Commission to hear.
AYES: Commissioners,Jones, O'Keefe,Porter, Beraud, Bentz, Kelley and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll-call vote.
PUBLIC HEARINGS
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3. EL CENTRO PD MPD AMENDMENT
Applicant: Steve Nino,910 Monterey St#2, Hollister,CA 95023
Project Title: EI Centro Oaks: Amendment to the Master Plan of Development (General Plan Amendment
97005,Zone Change 97005,Tentative Tract Map 99008
Project Location: EI Centro Road and Cascada Road,Atascadero,CA 93422
APN 030-522-030
Project The proposed project is an amendment to the original Master Plan of Development for El
Description:
Centro Oaks PD-7 in regards to project fencing design and location.
General Plan Designation: HDR
Zoning District: RMF-161PD-7
Proposed CEQA Exempt. The proposed modifications are within the scope of the project Mitigated
Environmental Negative Declaration certified on October 12, 1999.
Determination
Vice Chairperson Kelley stated that he would be stepping down from consideration of this
item because he will be representing the applicant in the marketing of these homes.
Associate Planner Kelly Gleason provided the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Bob Kelley, applicant's representative, 9955 Calle Refugio, addressed the issues raised by the
Commission, and explained the applicant's reasons for making this request. Mr. Kelley
answered questions of the Commission.
Phillip Knight, 8755 El Centro, stated he lives near the project and feels the existing fence is of
poor quality and sub standard compared with the other fences in the area. He has no objections
to putting in the fence, but would like to see quality of materials and workmanship. Regarding
the drainage basin, he suggested it would be better to continue the fence to El Centro Road.
Bob Kelley addressed the issues raised by Mr. Knight. 1) The warped boards will be replaced
and the fence will be of high quality when complete, 2) fences are not complete because they are
awaiting a determination on how to address the drainage area, and 3) the applicant would like to
continue the wooden fence along the drainage barrier and continue it to the street.
Chairperson Fonzi closed the Public Comment period.
There was Commission discussion regarding the payment of development impact fees if the park
area were fenced.
Mr. Kelley came forward to state that he has been instructed by the applicant that the purpose of
this request was to protect the homeowners and their liabilities, however if it is to become a
major issue he will waive that part of the application and will put in the park as originally
planned.
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MOTION: By Commissioner Jones and seconded by Commissioner Porter to adopt
Resolution No. PC 2003-0074 subject to the findings in Section 1, Section 2 and
Section 3, but with the removal of the drainage basin fence plan, also that in light
of the comments made by the neighbor as well as the applicant's agent that the
solid wood fence be appropriate to be placed there, that it be in a quality condition
and that the existing wooden fence that has some problems with it either be
replaced or repaired.
AYES: Commissioners Jones,Porter, O'Keefe, Beraud, Bentz and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 6.0 by a roll-call vote.
4. ZCH 2003-0048, CUP 2003-0098,TTM 2003-0032: 4900 OBISPO 8-LOT PD-17
Applicant: Ron Shores,2940 Ardilla Way,Atascadero,CA 93422 Phone: 805/466-2767
Project Title: Zone Change 2003-0048,Conditional Use Permit 2003-0098,Tentative Tract Map 2003-
0032 for an 8-lot single-family residential subdivision.
Project 4900 Obispo Road,Atascadero,CA 93422
Location: (San Luis Obispo County)APN 049-102-055
Project The proposed project consists of an application for a Planned Development Overlay Zone,
Description: Conditional Use Permit,and Tentative Tract Map. The proposed project consists of a 2.36-
acre parcel consisting of seven new single-family homes and the retention of one existing
single-family home located on individual lots that will be developed under the requirements of
PD-17 overlay district with the Residential Single Family-X (RSF-X) zoning district. The
project will include 8 lots ranging approximately from 0.25 of an acre to 0.39 of an acre. The
new homes will range in size from 2,090 square feet to 2,110 square feet. The existing home
will remain in its present size and location. The project includes one home per lot each with a
two car attached garage and driveway. The project will not require removal of any native oak
trees.
General Plan Designation: Single Family Residential-X
Zoning District: Residential Single Family-X
Vice Chairperson Kelley rejoined the hearing.
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Russ Thompson, R. Thompson Consulting, applicant's representative, expressed the following
concern with the Conditions of Approval: Final alignment of sewer connection, the applicant
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would like a clause added at the end of Condition No. 31 in the P.D. and Condition No. 20 in the
Tract Map, to read "or other suitable easements as approved by the City Engineer." This would
allow the applicant to pursue obtaining a sewer easement from the adjacent property owner
through the commercial property down to El Camino Real. Mr. Thompson answered questions
of the Commission.
Larry Thibeault, Beauwest LLC, property owner in the area of this project, felt the Commission
should look at future development of surrounding properties and whether they would like to tie
into the sewer. He felt it would be in the City's best interest to bring the sewer down Del Rio
Road.
Mike Lewis, property owner on adjoining lot, expressed the following concerns: 1) over
trimming of trees by arborist when applicant took possession of the site, 2) traffic impacts on
Obispo Road, 3) RFX zone is only one street away from his home and he feels type of zoning
will spread thus defeating the City's plan of providing larger lots away from the town center, and
4) major impact with 1/a acre lots which are out of character with the community. Mr. Lewis
disagrees with the project and feels it does not conform to the neighborhood or the General Plan.
Eric Greening questioned the consistency of this project with the neighborhood character. He
questioned the drainage on one side of the property and how it was to be handled.
Ron Schmelzer, 4800 Obispo Road, felt the project is not in character with the rural aspect of the
neighborhood. He also stated that Obispo Road is too narrow as it now stands and is in need of
repair.
Dan Higgenbothom, 4820 Obispo Road, stated his agreement with his neighbors in that this
project does not fit with the character of the neighborhood. He felt approving this project would
start a precedent with 1/a acre lots. He would like to see the zoning remain as it is or at the most
go to 1/z acre.
Mike Lewis stated that the existing home on the property is 1,600 square feet not inclusive of the
garage. He also stated that he had planted the 30 to 40 cedar trees on the property, which would
be wiped out with this proposal.
Eric Greening expressed concern with site distance from the road junction and asked what the
site distance actually is.
Chairperson Fonzi closed the Public Comment period.
Chairperson Fonzi asked the applicant's representative and staff to address concerns raised
during the Public Comment period.
Chairperson Fonzi recessed the hearing at 9:25 p.m.
Chairperson Fonzi called the meeting back to order at 9:35 p.m.
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Commissioner Beraud felt this was a very rural area and for this reason has difficulty with
making the finding that this project is consistent with the General Plan.
Commissioner Jones discussed the zoning in this area and reminded the Commissioners that a
large, dense project was approved at their last meeting to the south of town, far from the core of
the city. He felt there are corridors where higher density is appropriate. Commissioner Jones
felt the project was appropriate for this area.
Commissioner O'Keefe felt this was an attractive Planned Development in the wrong place. She
stated that a more appropriate transition would be 1/2 acre lots and is concerned that this
development is not providing inclusionary housing. Commissioner O'Keefe stated she could not
make the finding that this development is compatible with the neighborhood.
Commissioner Bentz stated that the Commission must uphold the laws passed by the City
Council and based on their direction he cannot find any reason to not support the project.
Commissioner Porter felt this project was a good transition from commercially designated
property to the larger 2-1/2 acre estate lots. He felt much thought has been put into this project
and that the developer has followed the inclusionary guidelines set forth by the City Council.
Vice Chairperson Kelley indicated that this project was a fine balance given the several different
zoning designations in the area. He felt the core is moving outward and expressed his agreement
with Commissioner Bentz' comments. Vice Chairperson Kelley suggested including a deeded
disclosure that states properties to the north are large and have the right to have animals and
properties to the west will support commercial activities.
Chairperson Fonzi raised the following issues: 1) workforce housing should be incorporated into
the project, 2) sewer addition must be to the satisfaction of the City Engineer, and 3) there should
be a site distance analysis for this project. Chairperson Fonzi stated that she likes the housing
proposed for this site, however she feels the density is not compatible with the surrounding
acreage.
MOTION: By Commissioner Bentz and seconded by Commissioner Jones to adopt
Resolution No. PC 2003-0087 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2003-0045; and, adopt Resolution No.
PC 2003-0088 recommending that the City council introduce an ordinance for
first reading to approve Zone Change 2003-0048 based on findings; and, adopt
Resolution No. PC 2003-0089 recommending that the city council approve the
Master Plan of Development (CUP 2003-0098) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and, adopt Resolution No. PC
2003-0090 recommending the City Council approve Vesting Tentative Parcel
Map 2003-0032 based on findings and subject to Conditions of Approval and
Mitigation Monitoring,along with a modification on Conditions 29 and 31 adding
the words "or other suitable easement approved by City Engineer," that a site
distance study for the driveway be required for the site, that citizens of Atascadero
have first opportunity to buy the housing for a 60 day period, and that there be a
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deed disclosure that there is rural property to the north that allows animals and
also there is commercial property to the west that borders the property. is
AYES: Commissioners Bentz,Jones, Porter and Kelley
NOES: Commissioners Beraud, O'Keefe and Chairperson Fonzi
ABSTAIN: None
Motion passed 4:3 by a roll-call vote.
Chairperson Fonzi polled the audience to determine how many were present for Items No. 5 and
6. Based on this polling there was Commission consensus to switch the order of these two
Items.
5. TTM 2003-0029 RAB 2003-0012 ENCINO/ATA O 6 LOT Ma
Applicant: Don Messer PO Box 1958,Atascadero,CA 93422,805/466-0549
Project Title: Road Abandonment 2003-0012
Tentative Tract Map 2003-0029
Project 4.5 vacant acres located at the end of Encino Road between Atajo Road,Atascadero,CA
Location: 93422
(San Luis Obispo County)APN 031-091-005,006,008,009,031-092-016
Project The proposed project consists of an application for Road Abandonment and a six-lot tract
Description: map. The project would result in the abandonment and realignment of a portion of Encino
Road and the adjustment of six existing lots of record, no new lots would be created. The
purpose of the project is to minimize hillside grading and impacts to native trees. The site
is consists of steep wooded slopes with Live Oak and White Oak woodlands and a portion
of an un-named blue line creek. The project includes the removal of 133 native oak trees.
General Plan Designation: SFR-Z(Single-Family Residential 1.5—2.5 acre minimum lot
size)
Zoning District. RSF-Z(Residential Single-Family 1.5—2.5 acre minimum lot size)
Community Development Director Warren Frace provided the staff report and answered
questions of the Commission.
PUBLIC COMMENT
Ken Wilson, applicant's representative, gave a brief background on the project and discussed the
plans for the site. He made the following requests: 1) that the fire road be build by
others, 2) if there is to be a fire road to return to the agreed upon 20 foot top to toe as
opposed to the 28 foot top to toe as requested by the City Engineer, and 3) would like the
option to be able to do an overhead power line through the trees to get to the road and
then go underground. Mr. Wilson answered questions of the Commission.
Tom Novak, 5740 Encino, stated he is concerned about the impact on Encino Road from the
heavy equipment and would like to have a condition placed on the project that would
require the applicant to repair the road before any of his homes can be sold. He
questioned why the fire road is being required and if it must be built, he asked that a
barrier be installed.
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MOTION: By Commissioner Jones and seconded by Commissioner O'Keefe to continue past
11:00 P.M.
AYES: Commissioners Jones, O'Keefe, Porter, Bentz, Beraud, Kelley and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll-call vote.
Cindy Sazer, Allemande Lane, stated that her property backs up to the proposed fire road.
In relationto the road she expressed concern with the number of tree removals it
will require and the impact that will have, the steepness of the grade for the road,
and soil erosion. She is particularly concerned with the creation of a through road
and the traffic it will bring. Ms. Sazer stated she is willing to remove three of her
oak trees to provide a way to cut across her property to go from Encino to
Allemande in case of an emergency.
Kevin Ashley, 5575 Allemande, stated he is concerned with the removal of trees on his
property for the new road.
Donald Baxter,Encino Road,expressed the following concerns: 1) Narrowness of Encino
Road, 2) water runoff from his property to the properties below, and 3) the road
should be paved its entire length.
Ty Christensen stated he is not opposed to the project but felt it is important to preserve
the beauty of the area without increasing traffic and to preserve the trees along the
road. He is not in favor of allowing through traffic, but feels fire department
access is important.
Celia Bewley, 5530 Encino, asked if blue oak trees are to be removed and stated her
concern with areas designated as having "no impact" in the negative declaration.
Mark Bewley, 5530 Encino, disagreed with the assertion that turnarounds could not be
built, as there is one in place already. He is not in favor of making Encino a
through street.
Esteban Andrade, Allemande Lane, invited the Commission to visit the area to better
consider the impacts this project will have on the neighborhood.
Mike Newsom, 5185 Atajo, was concerned with the number of boxes in the EIR that
were marked as having no impact. He shared his experience with the blue line
creek flooding several years ago and suggested the building sites for lots one and
three be pushed up higher on the site. Mr. Newsom also noted that the blue line
creek is the habitat area for this location and is home to deer, fox, snakes,
salamanders, etc., all of which will be impacted by this development. He also
expressed concern for Chauplin Road and asked the City, if it is going to allow
additional traffic through this area, to adopt this road and bring it up to standard.
Elizabeth Romer, 5305 Portola, discussed her concern with the way the road starts from
Atajo and the potential for seasonal flooding.
Eric Greening stated he supports the concerns raised by other speakers and feels the
Commission does not have a valid Negative Declaration in front of them. He is
concerned with the section on biology and tree impacts particularly the future
clearance of trees for fire protection.
Debra Bias, 5655 Encino Avenue, made the following points: 1) she is in favor of a
paved fire road if it is gated, 2) impacts to the value of her property if Encino is
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widened, 3) loss of security if street becomes a throughway, 4) the danger of
additional traffic on the intersection at Encino and Santa Lucia.
Amy Briskeney, 5935 Encino Avenue, felt Encino Avenue needs turnarounds and is
opposed to the developers plan for mitigating the tree fund fee by preserving
small portions of the area.
Sally Baxter, 5705 Encino Avenue, asked if the City will be maintaining the road the
developer is putting in on the Atajo side and if so, would they be willing to bring
Encino up to standard and maintain it.
Chairperson Fond closed the Public Comment period.
Commissioner Jones indicated that he would like to see this item go back to staff. He is
concerned with the fire road and removal of so many trees.
Commissioner Bentz stated he feels the residents have legitimate concerns with making
Encino a through street and if possible he would like the street to remain as is. He
is in favor of sending this item back to staff.
Commissioner O'Keefe felt if there were no fire road, there must be a turnaround and she
would like staff to explore the offer made by Ms. Sazar with regard to using her
property as an emergency exit. Additionally she feels there should be a biological
assessment.
Vice Chairperson Kelley agreed with the Fire Chief that there should be something there
to fight fires but feels there should not be a through road on Encino. For this
reason he would like to see this item go back to staff to work out where the fire
road can be put, reducing the width of the road and saving more trees.
Commissioner O'Keefe suggested adding a condition that the road be put back into the
condition it was in prior to construction.
Commissioner Beraud felt the Negative Declaration needs further work. She would like
the Commission to reject the proposal that the segmented tree preservation zones
be in lieu of the fees. She also feels this item should be continued.
Commissioner Porter commented that the street must remain closed but with access for
the Fire Department.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to send the
project back to City staff and that staff is to work in conjunction with the Fire
Department and the applicant regarding the fire access road, to get that worked
out as most of the Commission feels it should be there but not open to the public
for daily traffic, with no further EIR testing or biological testing, but rather to just
address the fire road issue and what the tree impact might be for the project.
Commissioner O'Keefe felt there does not need to be an EIR, but that there needs to be
additional information regarding the biological impacts, as the people who live
there have raised these concerns which they feel are serious but have been
minimized in the negative declaration.
Commissioner Beraud stated she would be unable to support the motion unless it is
modified or the two issues are separated.
Commissioner Bentz called for the question.
AYES: Commissioners Jones,Bentz,Porter and Kelley
NOES: Commissioners Beraud, O'Keefe and Chairperson Fonzi
ABSTAIN: None
Motion passed 4:3 by a roll-call vote.
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6. ZCH 2003-0045, TPM 2003-0040, CUP 2003-0094: 5516 TUNITAS 4-LOT PD-7
Applicant: Beauwest, LLC/Thibeault, Larry,7400 Balboa,Atascadero,CA 93422.
Phone: 805/550-5857
Project Title: 5516 Tunitas Avenue Colony House;Zone Change 2003-0045,Conditional Use Permit
2003-0094;Tentative Parcel Map 2003-0040 for a 4-lot PD-7 subdivision
Project 5516 Tunitas Avenue,Atascadero, CA 93422(Single Family Residence)
Location: (San Luis Obispo County)APN 029-081-003.
Project The proposed project consists of an application for a Zone Change, Conditional Use Permit,
Description: and Tentative Parcel Map. The proposed project consists of three new single-family homes
and the retention of one existing historic single-family home located on individual lots that will
be developed under the requirements of the PD-7 overlay district within the Residential Multi-
Family(RMF-10)zoning district. The two proposed residences nearest Rosario Avenue (Unit
A & B) are approximately 2269 square feet. The third proposed residence nearest Tunitas
(Unit C)is approximately 1287 square feet. The existing 1040 square foot home will remain
in its present size and location. The project includes one home per lot each with a two-car
garage. No native oak trees will require removal.
General Plan Designation: Medium Density Residential — MDR
Zoning District: Residential Multiple Family—RMF-10
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC CONIlVIBNT
Larry Thibeault, Beauwest LLC, thanked staff and stated it was his intent that the project should
appear as though it had always been there. Mr. Thibeault answered questions of the
Commission.
Marge Mackay stated she lives two doors away from this site and does not like the way this
project looks. She feels unit C does not look like Colony architecture and she is also concerned
about increased traffic.
Lisa Mifsid, 5550 Bajada, indicated that she has the closest Colony home to this project and is
concerned with the look of the long home proposed. She is concerned with increased traffic and
noise from the project.
Annette Carlin,Tunitas, asked if there was a way to put the entrance on the Rosario side because
of the amount of traffic on Tunitas.
Rob Brown, 5550 Bajada, would like to see this area preserved and feels that the site appears to
be tightly packed especially the area between the Colony home and the proposed long home. He
would like to see fewer units.
Chairperson Fond closed the Public Comment period.
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Chairperson Fonzi asked staff and the applicant to respond to the concerns raised during the
Public Comment period.
Commissioner Jones stated he is pleased that this will not be another apartment project and he
likes the affordable unit offered. He is in favor of the project as designed.
Chairperson Fonzi agreed with Commissioner Jones. She referred to the design of unit C and
questioned whether the door could be placed at the front of the home.
MOTION: By Commissioner Jones and seconded by Commissioner O'Keefe to adopt
Resolution No. PC 2003-0075 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2003-0034; and, adopt Resolution No.
PC 2003-0076 recommending that the City Council introduce an ordinance for
first reading to approve Zone Change 2003-0045 based on findings; and, adopt
Resolution No.PC 2003-0077 recommending that the City Council approve the
Master Plan of Development (CUP 2003-0094)based on findings with the Colony
House parcel parking exception limiting one on site guest parking space and
accepting less than the 40% required landscape area due to an on site driveway
and garage location subject to Conditions of Approval and Mitigation Monitoring;
and, adopt Resolution No. PC 2003-0078 recommending that the City Council
approve Vesting Tentative Parcel Map 2003-0040 based on findings and subject
to Conditions of Approval and Mitigation Monitoring.
AYES: Commissioners Jones, O'Keefe,,Beraud, Porter, Bentz, Kelley and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll-call vote.
COMMISSIONER COMMENTS& REPORTS
None
DIRECTOR'S REPORT
Director Frace referred to an application for Big Bubba's Barbecue to expand into Atascadero.
He asked for Commission direction on the proposed theme building. There was consensus to
have a formal Commission review of the proposed building design.
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 12:43 a.m. to the next regularly scheduled meeting
on October 7, 2003.
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MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci,Recording Secretary
The following Exhibits are available for review in the Community Development Department.
Exhibit A—Gordon R. Hensley, letter
141
ATTACHMENT 3 Draft Resolution A 10
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO CERTIFYING MITIGATED NEGATIVE DECLARATION
2003-0034 PREPARED FOR ZONE CHANGE 2003-00459 CONDITIONAL
USE PERMIT 2003-0094 AND
VESTING TENTATIVE PARCEL MAP 2003-0040
APN 029-081-003
(5516 Tunitas Avenue/ Thibeault)
WHEREAS, an application has been received from Beauwest, LLC (7400 Balboa,
Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone
change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi-Family
with Planned Development Overlay#7) with the adoption of a Master Plan of Development, and
a four lot residential Tentative Parcel Map on APN 029-081-003 and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003-0034
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on Tuesday, September 16, 2003 following the close of the review period to consider the Initial
Study and Proposed Mitigated Negative Declaration; and,
NOW, THEREFORE BE IN RESOLVED, by the City Council of the City of
Atascadero, to certify Mitigated Negative Declaration 2003-0034, based on the following
Findings as shown on Exhibit A:
1. The Proposed Mitigated Negative Declaration has been completed in compliance
with CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the
Planning Commission, prior to recommending action on the project for which it
was prepared; and,
3. The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
142
4. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
5. The project does not have impacts, which are individually limited,but
cumulatively considerable.
6. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
7. Proposed project incorporates the U.S. Secretary of the Interior's Standards and
Illustrated Guidelines for Rehabilitating Historic Buildings.
On motion by Council Member , and seconded by Council Member
the foregoing Resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO
By:
Jerry L. Clay, Sr.,Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
143
ATTACHMENT 4: Draft Ordinance A
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE
CHANGE 2003-0045,AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 029-081-003
FROM RMF-10 TO RMF-10/PD-7
(5516 Tunitas Avenue/ Thibeault)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Beauwest, LLC (7400 Balboa Road,
Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone
change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi-Family
with Planned Development Overlay#7) with the adoption of a Master Plan of Development, and
a four lot residential Tentative Parcel Map on APN 029-081-003 and,
WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-10 (Residential Multiple-Family);
and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare
of its citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on Tuesday, September 16, 2003, studied and considered Zone Change
2003-0045, after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project, and,
144
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 28,2003,
studied and considered Zone Change 2003-0045, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Chane to the Official Zoning Map of
Atascadero Creating a PD-7 Planned Development Overlay District. The City Council finds
as follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. 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.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on
October 28, 2003 resolved to introduce for first reading an ordinance that would rezone the
subject site consistent with the following:
1. Exhibit A: Zone Change Map
SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's office on and after the date following introduction and passage and
shall be available to any interested member of the public.
145
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California on
by the following roll call vote:
AYES:
NOES
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Jerry L. Clay, Sr., Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
146
Exhibit A: Zone Change Map
ZCH 2003-0045
Official Zoning Map Change
APN 029-081-003
Existing Zone: RMF-10
Amended Zone: RMF-10/PD-7
IC `
g
Rosario Avenue
4 w
� 33
Tunitas Avenue
147
ATTACHMENT 5: Draft Resolution B
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO APPROVING CONDITIONAL USE PERMIT 2003-0094,
ADOPTING A MASTER PLAN OF DEVELOPMENT FOR THE PD-17
OVERLAY ZONING DISTRICT ON APN 029-081-003
(5516 Tunitas Avenue/ Thibeault)
WHEREAS, an application has been received from Beauwest, LLC (7400 Balboa Road,
Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone
change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi-Family
with Planned Development Overlay#7) with the adoption of a Master Plan of Development, and
a four lot residential Tentative Parcel Map on APN 029-081-003 and,
WHEREAS, the site's General Plan Designation is MDR (Medium-Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-10 (Residential Multiple-Family);
and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to
include a PD-7 overlay district which requires the adoption of a Master Plan of Development;
and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on Tuesday, September 16, 2003, studied and considered the Master Plan of
Development (CUP 2003-0090), after first studying and considering the Proposed Mitigated
Negative Declaration prepared for the project, and
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 28, 2003,
studied and considered the Master Plan of Development (CUP 2003-0094) for Zone Change
148
2003-0045, after first studying and considering the Draft Mitigated Negative Declaration
prepared for the project, and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Findings for Approval of Master Plan of Development. The City Council finds
as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD-7 Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
6. Proposed project incorporates the U.S. Secretary of the Interior's Standards and
Illustrated Guidelines for Rehabilitating Historic Buildings.
7. Required 45-foot lot width for Parcel 4 (Unit C) is achieved with a 4-foot jog in the
property line to preserve the open front yard historic setting.
8. Standard guest parking space for Parcel 3 (Unit D) is not provided to preserve the
historic site setting.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on
October 28, 2003, resolved to approve Conditional use Permit 2003-0094, a Master Plan of
Development for Zone Change 2003-0045 subject to the following:
1. EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program
2. EXHIBIT B: Site Plan/Vesting Tentative Parcel Map
3. EXHIBIT C: Statistical Summary Project
4. EXHIBIT D: Landscape Plan
5. EXHIBIT E: Grading and Drainage Plan
149
6. EXHIBIT F: Unit A &B Elevations
7. EXHIBIT G: Unit C Elevations
8. EXHIBIT H: Unit A &B Floor Plans
9. EXHIBIT I: Unit C Floor Plans
1. EXHIBIT J: Exterior Color&Material Sample Board
150
EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program
PP 9
PD-17 Master Plan of Development(CUP 2003-0098)/ZCH 2003-0048
Conditions of Approval( Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
5516 Tunitas Avenue GP:Grading PerrrA FD:Fre Department
BP:Building Permil PD:Police Department
PD-7 Master Plan of Development Fl:Finallnspecron CE:City Engineer
CUP 2003-00941ZCH 2003-0045 FaFn�C��nay cac�n�wmey
Planning Services
1. The approval of this zone change and use permit shall PS
become final and effective following City Council approval
2. Approval of this Master Plan of Development shall be valid FM PS
concurrently with the life of Tentative Parcel Map 2003-
0040 and then indefinitely following final map. The Master
Plan of Development approval shall expire and become
null and void unless a final map is recorded consistent
with the Master Plan of Development.
3. Changes to the Master Plan of Development shall be On-going PS
approved by the Planning Commission and do not require
Council action.
4. The Community Development Department shall have the BP/FM PS
authority to approve the following minor changes to the
project the(1)modify the site plan project by less than
10%,(2)result in a superior site design or appearance,
and/or(3)address a construction design issue that is not
substantive to the Master Plan of Development. The
Planning Commission shall have the final authority to
approve any other changes to the Master Plan of
Development and any associated Tentative Maps.
5. All subsequent Tentative Parcel Map and construction BP/FM PS
permits shall be consistent with the Master Plan of
Development contained herein.
6. All exterior elevations,finish materials and colors shall be BP PS
consistent with the Master Plan of Development as shown
in Exhibit F,G,H, I,and J.
7. All site development shall be consistent with the maximum BP/FM PS
intensities described in the statistical project summary as
shown on EXHIBIT C.
8. All site work,grading and site improvements shall be BP/FM PS
consistent with the Master Plan of Development as shown
in EXHIBIT B,C,D,E,F,G,H,I,and J.
9. A final landscape and irrigation plan shall be approved BP PS
prior to the issuance of building permits and included as
art of site improvement plan consistent with EXHIBIT D.
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Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Sema
BL:Business Ucense BS:Building Services
5516 Tunitas Avenue GP:GradingPemiil FD:Fire Department
BP:Building Pemil PD:Police Departrnent
PD-7 Master Plan of Development Fl:Final Inspection CE,C&yEngineer
TO,Temporary Occupancy WW:Wastewater
CUP 2003-00941ZCH 2003-0045 FO:Final Occupancy CACity Attorney
All exterior meters,air conditioning units and mechanical
equipment shall be screened with landscape material.
Trash/recycle container-areas shall be screened with
fencing or landscape. -
All front,side,rear yards shall be landscaped by the
developer. All landscape maintenance shall be the
responsibility of the individual property owner.
Add one front yard shade tree to Parcel 4.
All trees to be 15-gallon size and double staked.
10. All project fencing shall be installed consistent with BP PS
EXHIBIT D subject to the following modifications.
a. The front yards adjacent to Tunitas Avenue(Parcels
C&D)shall not be enclosed with any fencing,which
exceeds 3-feet in height.
b. The design of all fencing shall be compatible with the
overall project design,subject to staff approval.
c. Front yard drainage detention basin shall extend over
proposed lots 3 and 4 to provide a shallower basin.
Basin shall be designed to appear as front lawn.
11. Retaining walls visible for the street shall incorporate GP PS
design&materials to match or compliment the texture and BP
color of the primary residence. Rear yard retaining walls
may be designed to blend with the proposed landscaping.
12. Affordable Housing Requirement: The applicant shall FM, BP PS,CE
either set aside one housing unit at the moderate category
rate for a period of 30 years,or pay an in-lieu fee based
on 2.50%of the valuation of each of the market rate units.
Workforce Housing
Prior to recordation of final map,the applicant shall enter into a
legal agreement with the City to reserve 1/2 of the units for sale
to residents or workers within the City of Atascadero,including
the affordable units. The agreement shall include the following
provisions:
■ The units shall be offered for sale to residents or
workers within the City of Atascadero for a
minimum of 60-days. During this time period offers
may only be accepted from Atascadero residents or
workers;
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Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
5516 Tunitas Avenue GP:Grading Perms FD:Fire Depadmenl
BP:Building Permit PD:Police Department
PD-7 Master Plan of Development Fl:Final Inspection CE:City Engiwwr
TO:Temporary Occupancy WW:Wastewater
CUP 2003-0094/ZCH 2003-0045 FO:Final Occupancy CAcilyMomey
• The applicant shall provide reasonable proof to the
City that at least one of the qualified buyers is a
resident or worker within the City Limits of -
Atascadero;
■ The Atascadero resident or worker restriction shall
apply to the initial sale only;
■ The applicant shall identify which units will be
reserved;and
The City Attorney shall approve the final form of the
agreement.
b. All exterior material finishes(wood,materials,lighting, BP PS
garage doors)shall be durable,high quality,and
consistent with the historically compatible appearance.
14. The colony house lot shall include a deed restriction FM PS,CE
preventing the site from being subdivided or from being
altered,which degrades the historic significance of the
property.
Building Services
15. A soils investigation prepared by a licensed BP FM
Geotechnical Engineer is to be provided for the
project. The report is to be provided at the time of
building permit submittal along with the building plans
for review by the Building Division.
Recommendations contained in the report are to be
incorporated into the project plans.
Fire Marshal
16. Driveway to be paved with decorative pavers. Final BP PS,BS
paver selection to compliment historic colony house,
subject to staff approval.
17. Show location of existing and any proposed fire BP BS
hydrants.
18. Provide a letter from the Atascadero Mutual Water BP BS
Company stating the minimum expected water
available to the site. Amount available must meet
min. requirement specified in the California Fire Code.
19. Note approved address signage is to be provided. BP BS
> 20. Note on plans that fire lanes shall be delineated to BP BS
restrict parking as required by the Fire Authority.
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Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
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BL:Business License BS:Building Services
5516 Tunitas Avenue GP:Grading Pem it FD:Fire Department
BP:Building Permit PD:Poke Department
PD-7 Master Plan of Development Fl:Final nspaMn CE:City Engineer
TO:Tenporary Occupancy WW:Wastevrter
CUP 2003-00942CH 2003-0045 FO:Final Oixupancy CkCity Attomey
restrict parking as required by the Fire Authority.
City Engineer
Standard Conditions
21. In the event that the applicant is allowed to bond for BP BS
the public improvements required as a condition of
this map,the applicant shall enter into a Subdivision
Improvement Agreement with the City Council.
22. An engineer's estimate of probable cost shall be BP PW
submitted for review and approval by the City
Engineer to determine the amount of the bond.
23. The Subdivision Improvement Agreement shall record BP PW
concurrently with the Final Map.
24. All public improvements shall be constructed in BP PW
conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings or
as directed by the City Engineer.
25. The applicant shall enter into a Plan Check/Inspection BP BS
agreement with the City.
26. The applicant shall be responsible for the relocation BP PW
and/or alteration of existing utilities.
27. The applicant shall install all new utilities (water, gas, BP BS
electric, cable TV and telephone) underground.
Utilities shall be extended to the property line frontage
of each lot or its public utility easement.
28. The applicant shall monument all property corners for BP PW
construction control and shall promptly replace them
if disturbed.
29. A preliminary subdivision guarantee shall be BP PW
submitted for review in conjunction with the
processing of the parcel map.
30. All existing and proposed utility, pipeline, open space, BP PS/PW
or other easements are to be shown on the parcel
map. If there are building or other restrictions related
to the easements, they shall be noted on the parcel
map. The applicant shall show all access restrictions
on the parcel map.
31. Prior to recording the parcel map, the applicant shall BP PS/PW
submit a map drawn in substantial conformance with
the approved tentative map and in compliance with all
conditions the City in accordance with the Subdivision
Map Act and the City's Subdivision Ordinance forth
herein shall submit set for review and approval.
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Conditions of Approval/ Timing Responsibility Mitigation
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PS:Planning Services
BL:Business License BS:Building Services
5516 Tunitas Avenue GP:GradingPemtit FD:Fre Department
BP:Building Pemtil PD:Police Depadment
PD-7 Master Plan of Development FI:Final inspection CE:CiyEngineer
T0:Temporary Oocupan y WW:Wastevrater
CUP 2003-00941ZCH 2003-0045 FO:Final Occupancy CACiyAtbmey
32. Prior to recording the parcel map, the applicant's BP PW
surveyor shall set monuments at all new property
corners or shall indicate, by certificate on the final
map, that corners have been set or shall be set by a
date specific and that they will be sufficient to enable
the survey to be retraced.
33. Prior to recording the parcel map, the applicant shall BP BS
pay all outstanding plan check/inspection fees.
34. Prior to recording the parcel map, the applicant shall BP PW
have the map reviewed by all applicable public and
private utility companies (cable, telephone, gas,
electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility
company, which indicates their review of the map.
The letter shall identify any new easements, which
may be required by the utility company. A copy of the
letter shall be submitted to the City. New easements
shall be shown on the parcel map.
35. Upon recording the final map, the applicant shall BP PW
provide the City with a black line clear Mylar(0.4 mil)
copy and a blue line print of the recorded map.
36. Prior to the final inspection of any public BP PW
improvements, the applicant shall submit a written
statement from a registered civil engineer that all
work has been completed and is in full compliance
with the approved plans.
City Engineer
Site Specific Conditions
37. The applicant shall construct new curb and gutter, in BP PS/PW
accordance with City Standards,as shown on
improvement plans,along entire frontage.
38. The applicant shall saw cut and remove existing BP PW
asphalt concrete roadway as shown on plans and
repave to new curb and gutter,in accordance with
City Standards.
39. The applicant shall address storm water detention BP PW
prior to grading and drainage approval.
40. The applicant shall pay sewer Extension (Annexation) BP PW
and Connection fees upon issuance of building
permit.
41. Each building shall be individually connected to the BP PW
public sewer via a 4"gravity lateral to which each
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Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
5516 Tunitas Avenue GP:Grading Permil FD:Fre Depamnent
BP:Building Permit PD:Police Department
PD-7 Master Plan of Development Fl:Finalnspectbn CE:City Engineer
TO:TemporaryOcupancy WW:Wastewater
CUP 2003-0094/ZCH 2003-0045 FO:FinalOccupanry CA,ciyAuomey
individual 2"force main will be connected.
42. Building plans shall be include detail of sewage BP BS
sumps and pumps,control panel and alarm systems.
43. A 5-foot drainage easement shall be recorded on the BP PW
final map along the south property line of Parcel A
and Parcel B and the east property line of Parcel B.
44. Existing drainage patterns from adjacent properties BP PW
shall not be obstructed.
45. All drainage from improvements shall cross property BP PW
lines within drainage easements.
Atascadero Mutual Water Company
46. Prior to the recordation of the Final Parcel Map,the BP BS
applicant shall submit plans showing the water
distribution facilities required to serve the project for
review and approval by the Atascadero Mutual Water
Company.All new water distribution facilities shall be
constructed in conformance with Atascadero Mutual
Water Company Standards.
47. Prior to the recordation of the Final Map,the applicant BP BS
shall obtain a"Will Serve"letter from the Atascadero
Mutual Water Company.
48. Prior to issuance of building permits,the applicant BP BS
shall pay all installation and connection fees required
by the Atascadero Mutual Water Company.
49. Show all fire suppression appurtenances required by BP BS
the Atascadero Fire Department.
Mitigation Measures
Mitigation Measure 1.c.1: If exterior lighting is proposed, it BP PS 1.c.1
shall be designed to eliminate any off site glare. All exterior
site lights shall utilize full cut-off,"hooded"lighting fixtures to
prevent offsite light spillage and glare. Any luminaire pole
height shall not exceed 16-feet in height, limit intensity to 2.0
foot candles at ingress/egress,and otherwise 0.6 foot candle
minimum to 1.0 maximum within the private street. Fixtures
shall be shield cut-off type and compatible with historic setting,
subject to staff approval.
Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 3.b.1
comply with all applicable District regulations pertaining to the
control of fugitive dust(PM-10)as contained in sections 6.3,
6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
• Maintain all construction equipment in proper tune
according to manufacturer's specifications.
156
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL Minns License BS:Building Services
5516 Tunitas Avenue GP:Grading Permd FD:Fre Depadrtrent
BP:Building Pent PD:Police Depannnt
PD-7 Master Plan of Development Fl:Final nspection CE:C4 Engineer
TO:Temporary Occupancy WW:Wastewater
CUP 2003-0094/ZCH 2003-0045 FO:Final Owupancy CA:Qyanemey
• Fuel all off-road and portable diesel powered
equipment, including but not limited to bulldozers,
graders,cranes,loaders,scrapers,backhoes,
generator sets,compressors,auxiliary power units,
with ARB certified motor vehicle diesel fuel(Non-
taxed version suitable for use off-road).
• Maximize to the extent feasible,the use of diesel
construction equipment meeting the ARB's 1996 or
newer certification standard for off-road heavy-duty
diesel engines.
• Install diesel oxidation catalysts(DOC),catalyzed
diesels particulate filters(CDPF)or other District
approved emission reduction retrofit services
(Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity
management plan designed to minimize the amount
of large construction equipment operating during any
given time period.
• Schedule of construction truck trips during non-peak
hours to reduce peak hour emissions.
• Limit the length of the construction workday period,if
necessary.
• Phase construction activities,if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading,
demolition and building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient
quantities to prevent airborne dust from leaving the site.
Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed(non-
potable)water should be used whenever possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the
approved project re-vegetation and landscape plans
should be implemented as soon as possible following
completion of any soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked
at dates greater than one month after initial grading should
be sown with a fast-germinating native grass seed and
watered until vegetation is established.
F. All disturbed soil areas not subject to re-vegetation should
be stabilized using approved chemical soil binder,jute
netting, or other methods approved in advance by the
APCD.
G. All roadways, driveways,sidewalks, etc,to be paved
should be complete as soon as possible. In addition,
building pads should be laid as soon as possible after
157
Conditions of Approval/ Timing Responsibility Mitigation
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BL Business License BS:Building Sendces
5516 Tunitas Avenue GR Grading Para FD:FireDepadment
BP:Building Perms PD:Police Department
PD-7 Master Plan of Development FI:Final lrr WfiDn CE:Cay Engineer
TO:TerrWrary Occupancy WW:Wastewater
CUP 2003-0094/ZCH 2003-0045 FO:Final Oooupanq CA CO momey
grading unless seeding or soil binders are used.
H. Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site.
I. All trucks hauling dirt,sand,soil,or other loose materials
are to be covered or should maintain at least two feet of
freeboard(minimum vertical distance between top of load
and top of trailer)in accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit
unpaved roads onto streets,or was off trucks and
equipment leaving the site.
K. Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where
feasible.
L. The contractor or builder shall designate a person or
persons to monitor the dust control program and to order
increased watering,as necessary,to prevent transport of
dust off site. The name and telephone number of such
persons shall be provided to the APCD prior to land use
clearance for map recordation and land use clearance for
finish grading of any structure.
Mitigation Measure 4.e.1: The building permit site plan shall GP BS 4.e.1
identify all protection and enhancement measures
recommended by the Certified Arborist in the Tree Protection
Plan.Tree protection fencing shall be installed at the locations
called out in the Tree Protection Plan.
Mitigation Measure 4.e.2: The developer shall contract with a GP BS 4.e.2
certified arborist during all phases of project implementation.
The certified arborists shall be responsible for monitoring the
project during all phases of construction through project
completion,as follows:
(a). A written agreement between the arborist and the
developer outlining a arborist monitoring schedule for
each construction phase through final inspection shall be
submitted to and approved by planning staff prior to the
issuance of building/grading permits.
(b). Arborist shall schedule a pre-construction meeting with
engineering/planning staff,grading equipment operators,
project superintendent to review the project conditions and
requirements prior to any grubbing or earth work for any
portion of the project site. All tree protection fencing and
trunk protection shall be installed for inspection during the
meeting. Tree protection fencing shall be installed at the
line of encroachment into the tree's root zone area.
(c). As specified by the arborist report and City staff:
■ Prune all trees to be saved for structural strength and
crown cleaning by a licensed and certified arborist;
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BL:Business License BS:Building Services
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BP:Building Permil PD:Police Department
PD-7 Master Plan of Development Ft:Final InspeclJon CE:CIyEngseer
TO:Temporary Occupancy WW:Wastewater
CUP 2003-00942CH 2003-0045 FO:Final Occupancy C&CiyAWnW
■ Remove all debris and spoils from the lot cleaning
and tree pruning.
■ All trenching or grading within the protected root zone
area,outside of the tree protection fence shall require
hand trenching or preserve and protect roots that are
larger than 2 inches in diameter.
■ No grading or trenching is allowed within the fenced
protected area.
■ Any roots that are 4 inches in diameter or larger are
not to be cut until inspected and approved by the on-
site arborist.
■ Apply any additional recommendations of the project
arborist.
(d). Upon project completion and prior to final occupancy a
final status report shall be prepared by the project arborist
certifying that the tree protection plan was implemented,
the trees designated for protection were protected during
construction, and the construction-related tree protection
measures are no longer required for tree protection.
Mitigation Measure 4.e.3: Project manager should be GP BS 4.e.3
responsible for instructing workers about tree protection goals,
implementing protection of root zones, and installing and
maintaining protective fencing.
Mitigation Measure 4.e.4: Protective fencing is required GP BS 4.e.4
between all construction activities and native trees. The
fencing shall consist of five-foot tall orange plastic,with steel t-
posts sunk into the ground, eight feet apart. The fencing shall
be installed prior to any site disturbance or construction, and
shall remain in place until all construction is complete.
Mitigation Measure 4.e.5: No grading,trenching, materials GP BS 4.e.5
storage,soil storage,debris,or site disturbance shall occur
within the protected area. No concrete,plaster,or paint
washout shall be allowed within the tree protection zone.
Mitigation Measure 4.e.6: Excavation for buildings A and B GP BS 4.e.6
shall employ techniques that minimize the amount of soil
removed. Vertical cuts are preferred. Any back cuts greater
than six feet from the north wall of building A and west wall of
building B,shall be supported with shoring.
Excavation for the west side of building B, the north side of
building A, shall be done using special procedures for the
upper three feet of soil, to avoid tearing of roots. Heavy
equipment may be used to remove soil to within two feet of the
anticipated edge of cut. Then roots will be uncovered by hand,
and cut cleanly with a sharp hand saw at the lie of finish cut.
This will avoid tearing of roots. The soil may then be removed,
using heavy equipment. Below three feet depth, heavy
equipment may be used for the entire excavation.
Construction of sidewalk and steps from Rosario Avenue to
buildings A and B shall minimize excavation to less than four
159
Conditions of Approval/ Timing Responsibility Mitigation
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BP:Building Permit PD:Police Depad hent
PD-7 Master Plan of Development FI:Final nspecWn CE:CoEngnm
CUP 2003-00942CH 2003-0045 w:Fig o�n� ca c y�ntteome
inches of cut or fill below the walk.
Mitigation Measure 4.e.7: if living roots two inches in diameter GP BS 4.e.7
or more are encountered during trenching or excavation,they
shall be cleanly cut by the contractor,with a sharp handsaw,to
remove the frayed end. Do no paint the cut ends of roots.
Keep the roots moist by covering the excavation edge with
plastic sheeting. Backfill the excavation as soon as possible.
Mitigation Measure 4.e.8: Excavation for the west side of GP BS 4.e.8
garage D will be by hand in all areas within fifteen feet of the
trunk of tree #1. Any large roots encountered will be
preserved, and the foundation will span over the root.
Cushioning for the root shall be blocks of Styrofoam, four
inches thick,over the top and sides of the root.
Mitigation Measure 4.e.9: Tree pruning should be done by a GP BS 4.e.9
qualified ISA certified arborist or ISA tree worker. A.N.S.I.A-
300 and Z-133 standards for tree care and the City Of
Atascadero Tree Ordinance shall be used and followed at all
times.
Mitigation Measure 5.a.1: The proposed project shall GP PS,BS,CE 5.a.1
incorporate the Secretary of the Interior's Standards and
Illustrated Guidelines for Rehabilitating Historic Buildings. The
standards shall apply to the exterior rehabilitation of the
Colony house,construction of the new detached garage for the
colony house,design of the proposed three homes,and
proposed landscape improvements to the overall project site,
subject to staff review and approval.
Mitigation Measure 5.a.2: Replacement of any exterior GP PS,BS,CE 5.a.2
materials or design features on the original colony homes shall
be consistent with the Secretary of the Interior's Standards and
Illustrated Guidelines for Rehabilitating Historic Buildings. This
shall include the replacements of any doors and windows with
solid wood framing of similar design and appearance. Vinyl,
vinyl-cladding, and metal materials are not permitted.
Mitigation Measure 5.a.3: The proposed project shall include GP PS,BS,CE 5.a.3
Covenants,Conditions and Restrictions(CC&R's)or
equivalent mechanism that incorporate the planned
development conditions of approval to ensure that the site
retains the historic qualities(historic buildings, architecture,
colors,materials,fencing,and landscaping)over time.
Mitigation Measure 5.b.1: Should any cultural resources be GP PS,BS,CE 5.b.1
unearthed during site development work,the provisions of
CEQA-Section 15064.5,will be followed to reduce impacts to
a non-significant level.
Mitigation Measure 6.b.1:The grading permit application plans GP,BP PS,BS,CE 6.b.1
shall include erosion control measures to prevent soil,dirt,and
debris from entering the storm drain system during and after
construction. A separate plan shall be submitted for this
purpose and shall be subject to review and approval of the City
Engineer at the time of Building Permit application.
160
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business Ltenss BS:Building Services
5516 Tunitas Avenue GP;Grading Permit FD:FireOepartment
BP:Building Permit PD:Police Deparunent
PD-7 Master Plan of Development Fl:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
CUP 2003-00942CH 2003-0045 FO:Forel Occupancy CA-City Attorney
Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro GP,BP PS,BS,CE 6.b.2
seeded with an appropriate erosion control method(erosion
control blanket,hydro-mulch,or straw mulch appropriately
anchored) immediately after completion of earthwork between
the months of October 15.through April 15. All disturbed
slopes shall have appropriate erosion control methods in
place. Duration of the project: The contractor will be
responsible for the clean up of any mud or debris that is
tracked onto public streets by construction vehicles.
Mitigation Measure 6.c.d: A soils report shall be required to be GP,BP PS,BS,CE 6.c.d.1
submitted with a future building permit by the building
department.The building plans will be required to follow the
recommendations of the soils report to assure safety for
residents and buildings.
Mitigation Measure 6.d.1: All recommendations contained GP,BP PS,BS,CE 6.d.1
within the project geotechnical investigation by GSI dated
2/27/03 shall be incorporated into the building plans and
adhered to during construction through project completion.
Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention BP PS,BS,CE 8.0.1
Plan (SWPPP)/Erosion Control Plan shall be submitted and
approved by the City Engineer prior to the issuance of the
building permit. The plan shall include storm water measures
for the operation and maintenance of the project for the review
and approval of the City Engineer. The Building Permit
application plans shall identify Best Management Practices
(BMPs) appropriate to the uses conducted on site that
effectively prohibit the entry of pollutants into storm water
runoff.
Mitigation Measure 8.e.f.2: The developer is responsible for BP PS,BS,CE 8.e.f.2
ensuring that all contractors are aware of all storm water
quality measures and that such measures are implemented.
Failure to comply with the approved construction Best
Management Practices will result in the issuance of correction
notices,citations,or stop orders.
161
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
5516 Tunitas Avenue GP:Grading Perrrvt FD:Fre Depadrnent
BP:Building Pemrt PD:Police Depadment
PD-7 Master Plan of Development Fl:FinallnspWion CE:ciyEngineer
TO:Temporary Oocupancy WW:Wastewater
CUP 2003-0094/ZCH 2003-0045 FO:Final Occupancy CkCity nttomey
Mitigation Measure 11.d.1: All construction activities shall GP,BP PS,BS,CE 11.d.1
comply with the City of Atascadero Noise Ordinance for hours
of operation.
Construction activities shall be limited to the following hours of
operation:
• 7 a.m.to 7 p.m. Monday through Friday
• 9 a.m.to 6 p.m. Saturday
• No construction on Sunday
Further,particularly loud noises shall not occur before 8 a.m.
on weekdays and not at all on weekends.
The Community Development Director upon a determination
that unusually loud construction activities are having a
significant impact on the neighbors may modify the hours of
construction.
Failure to comply with the above-described hours of operation
may result in withholding of inspections and possible
construction prohibitions,subject to the review and approval of
the Community Development Director.
A sign shall be posted on-site with the hours of operation and
a telephone number of the person to be contacted in the event
of any violations. Staff shall approve the details of such a sign
during the Grading Plan/Building Permit review process.
162
EXHIBIT B:Site Plan
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EXHIBIT C:Statistical Summary of Project
Proposed Project Summary
Lot Area 5989 sf 5441 sf 8109 sf 5195 sf
Building Footprint 1222 sf 1222 sf 1690 sf 1420 sf
not to exceed 35% 20% 23% 20% 27%
Landscaped Area 2828 sf 3864 sf 2890 sf 3012 sf
minimum 40%required) 48% 71% 36% 58%
Covered Parking 2 space 2 space 1 spaces 1 spaces
Guest Parking 2 space 2 space 1 space 1 spaces
Floor Plan A A B Existing
Lower Living Area 8741 874 1230 1040
Upper Living Area 1 1395 1395 01 0
Garage 624 sfJ 624 sfJ 380 sfl 380 sf
164
EXHIBIT D:Landscape Plan
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165
EXHIBIT E:Grading and Drainage Plan
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EXHIBIT F:Lot 1 -ELEVATIONS AND FLOOR PLANS - PLAN A&B
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167
EXHIBIT G:Lot 7 -ELEVATIONS-UNIT C
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168
EXHIBIT H:UNIT A&B FLOOR PLANS
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EXHIBIT H:UNIT A& B FLOOR PLANS
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170
EXHIBIT 1: UNITA C FLOOR PLANS
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EXHIBIT J: EXTERIOR COLOR&MATERIAL SAMPLE BOARD
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172
ATTACHMENT 6: Draft Resolution C
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO APPROVING VESTING TENTATIVE
PARCEL MAP 2003-0040, A FOUR-LOT MAP CONSISTENT WITH
A PD-7 OVERLAY ZONE OF APN 029-081-003
(5516 Tunitas Avenue/ Thibeault)
WHEREAS, an application has been received from Beauwest, LLC, (7400 Balboa
Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone
change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi-Family
with Planned Development Overlay#7) with the adoption of a Master Plan of Development, and
a four lot residential Tentative Parcel Map on APN 029-081-003 and,
WHEREAS, the site's General Plan Designation is MDR (Medium-Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-10 (Residential Multi-Family);
and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to
include a PD-7 overlay with a Master Plan of Development thereby allowing a six lot
subdivision of the site; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative
Parcel Map application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said application; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on September 16, 2003, studied and considered Tentative Parcel Map 2003-
0040, after first studying and considering the Proposed Mitigated Negative Declaration prepared
for the project; and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 28, 2003,
studied and considered Vesting Tentative Parcel Map 2003-0040, after first studying and
considering the Draft Mitigated Negative Declaration prepared for the project; and,
173
NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of
Atascadero:
SECTION 1. Findings of Approval for Vesting Tentative Parcel Man:
1. The proposed subdivision, as conditioned, is consistent with the General Plan and
applicable zoning requirements.
2. The design and improvement of the proposed subdivision is consistent with the
General Plan and applicable zoning requirements.
3. The proposed subdivision, as conditioned, is consistent with the proposed Planned
Development Overlay District#7 Master Plan of Development (CUP 2003-0094).
4. The site is physically suitable for the type of development proposed.
5. The site is physically suitable for the density of development proposed.
6. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or
their habitat.
7. The design of the subdivision will not conflict with easements acquired by the public
at large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
8. The design of the subdivision will provide a deed restriction on the colony house
Parcel D will include a deed restriction preventing the site from being subdivided or
from being altered which degrades the significance of the historic house.
9. Covenants, Conditions and Restrictions (CC&R's) shall be required that incorporate
the planned development conditions of approval to ensure that the site retains the
historic qualities (historic buildings, architecture, colors, materials, street amenities,
fencing, and landscaping) over time
10. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
11. Required 45-foot lot width for Parcel 4 (Unit C) is achieved with a 4-foot jog in the
property line to preserve the open front yard historic setting.
12. Standard guest parking space for Parcel 3 (Unit D) is not provided to preserve the
historic site setting.
174
SECTION 2. Approval. The Atascadero City Council in a regular session assembled on
October 28, 2003, resolves to approve Vesting Tentative Parcel Map (TPM 2003-0040) subject
to the following:
1. Exhibit A: Vesting Tentative Parcel Map 2003-0040
2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program.
On motion by Council Member , and seconded by Council Member
the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
By:
Jerry L. Clay, Sr., Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
175
Exhibit A:Vesting Tentative Parcel Map 2003-0040
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176
Exhibit B:Conditions Of Approval/Mitigation Monitoring Program
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Permit PS:Planning Services
BP:Building Permit BS:Budding Services
5516 Tunitas Avenue SIP:subdidslon FD:FreDeparinent
Improvement Plans PD:Police Depannnerd
Vesting Tentative Parcel Map FM:Final Map CE:City Engineer
T0:Ter porary Occupancy WW:Wastewater
TPM 2003-0040 FI:Final inspection CA:City Atlomey
F0:Final Occupancy AMWC:Water Comp.
Planning Services
1. The approval of this Tentative Parcel Map shall not FM PS
become final and effective following approval of Zone
Change 2003-0040 and CUP 2003-0094.
2. Approval of this Tentative Parcel Map shall be valid for FM PS
two years after its effective date. At the end of the
period, the approval shall expire and become null and
void unless an extension of time is granted pursuant to
a written request received prior to the expiration date.
3. The Community Development Department shall have FM PS
the authority to approve minor changes to the project
that (1) result in a superior site design or appearance,
and/or(2)address a design issue that is not substantive
to the Tentative Tract Map and that the Final Map is in
substantial conformance with the Tentative Map.
4. The Parcel Map shall be subject to additional fees for FM PS
park or recreation purposes (QUIMBY Act) as required
by City Ordinance.
5. The applicant shall record CC&R's for the subdivision FM PS
subject to the review and approval of the City Engineer,
City Attorney and Planning Services. The CC&R's shall
identify the maintenance responsibilities of all private
driveways, sewer facilities, drainage facilities, common
parking areas, site lighting, landscape areas, fencing,
and other common facilities. The CC&R's shall also
state that all exterior colors, exterior materials, yard
fencing and site landscaping shall be consistent with the
overall master plan of development.
6. The granting of this entitlement shall apply to the On going PS
property located at 5516 Tunitas Avenue (APN
029-081-003)regardless of owner.
7. The Final Map shall be drawn in substantial FM PS
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.
177
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Perrrd PS:Planning Services
BP.Building PBmB BS:Building Services
5516 Tunitas Avenue SIP:Subdivision FD:FireDeparlment
Inprovement Plans PD:Police Department
Vesting Tentative Parcel Map FM:Final Map Ce CO Engineer
TPM 2003-0040 M:rerrpaaryOccupancy WW:Wastewater
FI:Final inspection CA CO Aft mey
F0:Final Occuparay AMWC:Water Comp.
8. The subdivider shall defend, indemnify, and hold FM PS
harmless the City of Atascadero or its agents, officers,
and employees against any claim or action brought to
challenge an approval by the city, or any of its entities,
concerning the subdivision.
9. Affordable Housing Requirement: The applicant shall FM PS,CE
either set aside one housing unit at the moderate
category rate for a period of 30 years, or pay an in-lieu
fee based on 2.50% of the valuation of each of the
market rate units.
10. The colony house lot shall include a deed restriction GP PS,CE
preventing the site from being subdivided or from
being altered,which degrades the historic
si nificance of the property.
11. The applicant will be required to record CC&R's for FM PS,CE
the map that will include maintenance and access of
common areas.
Building Services
11. A soils investigation prepared by a licensed FM PS,BS,CE
Geotechnical Engineer is to be provided for the
project. The report is to be provided at the time of
building permit submittal along with the building plans
for review by the Building Division.
Recommendations contained in the report are to be
incorporated into the project plans.
Fire Marshal
12. Driveway to be paved with decorative pavers. Final FM PS,CE
paver selection to compliment historic colony house,
subject to staff approval..
13. Show location of existing and any proposed fire FM CE
hydrants.
14. Provide a letter from the Atascadero Mutual Water FM CE
Company stating the minimum expected water
available to the site. Amount available must meet
minimum requirement specified in the California Fire
Code.
15. Note that approved address signage is to be FM CE
provided.
16. Note on plans that fire lanes shall be delineated to FM CE
restrict parking as required by the Fire Authority.
City Engineer
Standard Conditions
178
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Permit PS:Planning Services
BP:Building Permit BS:Building Services
5516 Tunitas Avenue SIP:Subdi%tion FD:Fire Depadment
Improvement Plans PD:Poke Department
Vesting Tentative Parcel Map FM:Final Map CECity Engineer
TO:Temporary Occupancy WW:Wastewater
TPM 2003-0040 Fl:Final inspection CA city Attomey
FO:Final Occupancy AMWO:Water Comp.
17. In the event that the applicant is allowed to bond for BP BS
the public improvements required as a condition of
this map,the applicant shall enter into a Subdivision
Improvement Agreement with the City Council.
18. An engineer's estimate of probable cost shall be BP PW
submitted for review and approval by the City
Engineer to determine the amount of the bond.
19. The Subdivision Improvement Agreement shall record BP PW
concurrently with the Final Map.
20. All public improvements shall be constructed in BP PW
conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings or
as directed by the City Engineer.
21. The applicant shall enter into a Plan Check/Inspection BP BS
agreement with the City.
22. The applicant shall be responsible for the relocation BP PW
and/or alteration of existing utilities.
23. The applicant shall install all new utilities (water, gas, BP BS
electric, cable TV and telephone) underground.
Utilities shall be extended to the property line frontage
of each lot or its public utility easement.
24. The applicant shall monument all property corners for BP PW
construction control and shall promptly replace them
if disturbed.
25. A preliminary subdivision guarantee shall be BP PW
submitted for review in conjunction with the
processing of the parcel map.
26. All existing and proposed utility, pipeline, open space, BP PS/PW
or other easements are to be shown on the parcel
map. If there are building or other restrictions related
to the easements, they shall be noted on the parcel
map. The applicant shall show all access restrictions
on the parcel map.
27. Prior to recording the parcel map, the applicant shall BP PS/PW
submit a map drawn in substantial conformance with
the approved tentative map and in compliance with all
conditions the City in accordance with the Subdivision
Map Act and the City's Subdivision Ordinance forth
herein shall submit set for review and approval.
PW
28. Prior to recording th the parcel map, a applicant's BP
surveyor shall set monuments at all new property
corners or shall indicate by certificate on the final
179
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Pemrt PS:Planning Services
BP:Building Pent BS:Building Services
5516 Tunitas Avenue SIP:Subdivisbn FD:FroDepadment
Ir provement Plans PD:Police Department
Vesting Tentative Parcel Map FM:Final Map CE City Engineer
TO:Temporary Occupancy WW:Wastewater
TPM 2003-0040 Fl:Final inspection Ck city Attorney
FO Final Occupancy AMWC:Water Comp.
map, that corners have been set or shall be set by a
date specific and that they will be sufficient to enable
the survey to be retraced.
29. Prior to recording the parcel map, the applicant shall BP BS
pay all outstanding plan check/inspection fees.
30. Prior to recording the parcel map, the applicant shall BP PW
have the map reviewed by all applicable public and
private utility companies (cable, telephone, gas,
electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility
company, which indicates their review of the map.
The letter shall identify any new easements, which
may be required by the utility company. A copy of the
letter shall be submitted to the City. New easements
shall be shown on the parcel map.
31. Upon recording the final map, the applicant shall BP PW
provide the City with a black line clear Mylar(0.4 mil)
copy and a blue line print of the recorded map.
32. Prior to the final inspection of any public BP PW
improvements, the applicant shall submit a written
statement from a registered civil engineer that all
work has been completed and is in full compliance
with the approved plans.
City Engineer
Site Specific Conditions
33. The applicant shall construct new curb and gutter,in BP PS/PW
accordance with City Standards,as shown on
improvement plans,along entire frontage.
34. The applicant shall saw cut and remove existing BP PW
asphalt concrete roadway as shown on plans and
repave to new curb and gutter, in accordance with
City Standards.
35. The applicant shall address storm water detention BP PW
prior to grading and drainage approval.
36. The applicant shall pay sewer Extension(Annexation) BP PW
and Connection fees upon issuance of building
permit.
37. Each building shall be individually connected to the BP PW
public sewer via a 4"gravity lateral to which each
individual 2"force main will be connected.
180
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Permit PS:Planning Services
BP:Building Pernil BS:Building Services
5516 Tunitas Avenue SIP:Subdivision FD:FireDepartrnent
Improvement Plans PD:Police Departrnent
Vesting Tentative Parcel Map FM:Final MW CE:City Engineer
T0:Temporary Crxuparcy WW:Wastewater
TPM 2003-0040 FI:Final inspeclim Ca City Attorney
F0:Final Occupancy AMWC:Water Comp.
38. Building plans shall be include detail of sewage BP BS
sumps and pumps,control panel and alarm systems.
Atascadero Mutual Water Company
39. Prior to the recordation of the Final Parcel Map,the BP BS
applicant shall submit plans showing the water
distribution facilities required to serve the project for
review and approval by the Atascadero Mutual Water
Company.All new water distribution facilities shall be
constructed in conformance with Atascadero Mutual
Water Company Standards.
40. Prior to the recordation of the Final Map,the applicant BP BS
shall obtain a"Will Serve"letter from the Atascadero
Mutual Water Company.
41. Prior to issuance of building permits,the applicant BP BS
shall pay all installation and connection fees required
by the Atascadero Mutual Water Company.
42. Show all fire suppression appurtenances required by BP BS
the Atascadero Fire Department.
43. Prior to the recordation of the Final Parcel Map,the BP BS
applicant shall submit plans showing the water
distribution facilities required to serve the project for
review and approval by the Atascadero Mutual Water
Company.All new water distribution facilities shall be
constructed in conformance with Atascadero Mutual
Water Company Standards.
44. A 5-foot drainage easement shall be recorded on the BP PW
final map along the south property line of Parcel A
and Parcel B and the east property line of Parcel B.
45. Existing drainage patterns from adjacent properties BP PW
shall not be obstructed.
46. All drainage from improvements shall cross property BP PW
lines within drainage easements.
Mitigation Measures
Mitigation Measure 1.c.1: If exterior lighting is proposed,it BP PS
shall be designed to eliminate any off site glare. All exterior
site lights shall utilize full cut-off,"hooded"lighting fixtures to
prevent offsite light spillage and glare. Any luminaire pole
height shall not exceed 16-feet in height, limit intensity to 2.0
foot candles at ingress/egress,and otherwise 0.6 foot candle
minimum to 1.0 maximum within the private street. Fixtures
shall be shield cut-off type and compatible with historic setting,
subject to staff approval.
Mitigation Measure 3.b.1: The project shall be conditioned to I BP BS 3.b.1
181
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Permit PS:Planning Services
BP:Building Permit BS:Building Services
5516 Tunitas Avenue SIP:Subdivision FD:Fire Department
Improvement Plans PD:Police Department
Vesting Tentative Parcel Map FM:Final Map CE:City Engineer
TO:Temporary Occupancy WW:Wastev eta
TPM 2003-0040 FI:Final inspection CA City Momey
FO:Final Occupancy AMWC:Water Comp.
comply with all applicable District regulations pertaining to the
control of fugitive dust(PM-10)as contained in sections 6.3,
6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
• Maintain all construction equipment in proper tune
according to manufacturer's specifications.
• Fuel all off-road and portable diesel powered
equipment,including but not limited to bulldozers,
graders,cranes,loaders,scrapers,backhoes,
generator sets,compressors,auxiliary power units,
with ARB certified motor vehicle diesel fuel (Non-
taxed version suitable for use off-road).
• Maximize to the extent feasible,the use of diesel
construction equipment meeting the ARB's 1996 or
newer certification standard for off-road heavy-duty
diesel engines.
• Install diesel oxidation catalysts (DOC),catalyzed
diesels particulate filters(CDPF)or other District
approved emission reduction retrofit services
(Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity
management plan designed to minimize the amount
of large construction equipment operating during any
given time period.
• Schedule of construction truck trips during non-peak
hours to reduce peak hour emissions.
• Limit the length of the construction workday period,if
necessary.
• Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading,
demolition and building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient
quantities to prevent airborne dust from leaving the site.
Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed(non-
potable)water should be used whenever possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the
approved project re-vegetation and landscape plans
should be implemented as soon as possible following
completion of any soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked
at dates greater than one month after initial grading should
be sown with a fast-germinating native grass seed and
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GP:Grading Penn# PS:Planning Services
BP:Building Pent BS:Building Services
5516 Tunitas Avenue SIP:Subdivision FD:Fee Department
Inprovement Plans PD:Police Department
Vesting Tentative Parcel Map Fna:Final Map CE:City Engineer
TO:Tenporary Occupancy WW:Wastewater
TPM 2003-0040 FI:Final inspection CA:Cay Attorney
F0:Final Occupancy AMWC:Water Cone.
watered until vegetation is established.
F. All disturbed soil areas not subject to re-vegetation should
be stabilized using approved chemical soil binder,jute
netting,or other methods approved in advance by the
APCD.
G. All roadways, driveways,sidewalks,etc,to be paved
should be complete as soon as possible. In addition,
building pads should be laid as soon as possible after
grading unless seeding or soil binders are used.
H. Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site.
I. All trucks hauling dirt,sand,soil,or other loose materials
are to be covered or should maintain at least two feet of
freeboard(minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit
unpaved roads onto streets,or was off trucks and
equipment leaving the site.
K. Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where
feasible.
L. The contractor or builder shall designate a person or
persons to monitor the dust control program and to order
increased watering, as necessary,to prevent transport of
dust off site. The name and telephone number of such
persons shall be provided to the APCD prior to land use
clearance for map recordation and land use clearance for
finish grading of any structure.
Mitigation Measure 4.e.1: The building permit site plan shall GP BS 4.e.1
identify all protection and enhancement measures
recommended by the Certified Arborist in the Tree Protection
Plan.Tree protection fencing shall be installed at the locations
called out in the Tree Protection Plan.
Mitigation Measure 4.e.2: The developer shall contract with a GP BS 4.e.2
certified arborist during all phases of project implementation.
The certified arborists shall be responsible for monitoring the
project during all phases of construction through project
completion,as follows:
(a). A written agreement between the arborist and the
developer outlining a arborist monitoring schedule for
each construction phase through final inspection shall be
submitted to and approved by planning staff prior to the
issuance of building/grading permits.
(b). Arborist shall schedule a pre-construction meeting with
engineering/planning staff,grading equipment operators,
project superintendent to review the project conditions and
requirements prior to any grubbing or earth work for an
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GP:Grading Pemut PS:Planning Services
BP:Building Pemd BS:Building Services
5516 Tunitas Avenue SIP:Subdiviscn FD:Pre Depardrent
I rovemerd Plans PD:Police Department
Vesting Tentative Parcel Map FM Final Map CE:City Engineer
TO:Ter porary Occupancy WW:Wastewater
TPM 2003-0040 Fl:Final inspection CA:City Attorney
F0:Final Occupancy AMWC:Water Cone.
portion of the project site. All tree protection fencing and
trunk protection shall be installed for inspection during the
meeting. Tree protection fencing shall be installed at the
line of encroachment into the tree's root zone area.
(c). As specified by the arborist report and City staff:
■ Prune all trees to be saved for structural strength and
crown cleaning by a licensed and certified arborist;
■ Remove all debris and spoils from the lot cleaning
and tree pruning.
■ All trenching or grading within the protected root zone
area, outside of the tree protection fence shall require
hand trenching or preserve and protect roots that are
larger than 2 inches in diameter.
■ No grading or trenching is allowed within the fenced
protected area.
■ Any roots that are 4 inches in diameter or larger are
not to be cut until inspected and approved by the on-
site arborist.
■ Apply any additional recommendations of the project
arborist.
(d). Upon project completion and prior to final occupancy a
final status report shall be prepared by the project arborist
certifying that the tree protection plan was implemented,
the trees designated for protection were protected during
construction, and the construction-related tree protection
measures are no longer required for tree protection.
Mitigation Measure 4.e.3: Project manager should be GP BS 4.e.3
responsible for instructing workers about tree protection goals,
implementing protection of root zones, and installing and
maintaining protective fencing.
Mitigation Measure 4.e.4: Protective fencing is required GP BS 4.e.4
between all construction activities and native trees. The
fencing shall consist of five-foot tall orange plastic, with steel t-
posts sunk into the ground, eight feet apart. The fencing shall
be installed prior to any site disturbance or construction, and
shall remain in place until all construction is complete.
Mitigation Measure 4.e.5: No grading,trenching, materials GP BS 4.e.5
storage,soil storage,debris,or site disturbance shall occur
within the protected area. No concrete,plaster,or paint
washout shall be allowed within the tree protection zone.
Mitigation Measure 4.e.6: Excavation for buildings A and B GP BS 4.e.6
shall employ techniques that minimize the amount of soil
removed. Vertical cuts are preferred. Any back cuts greater
than six feet from the north wall of building A and west wall of
building B,shall be supported with shoring.
Excavation for the west side of building B, the north side of
building A, shall be done using special procedures for the
upper three feet of soil, to avoid tearing of roots. Heavy
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Mitigation Monitoring Program /Monitoring Measure
GP:Grading Pennit PS:Planning Services
BP:Building Perrot BS:Building Services
5516 Tunitas Avenue SIP:Subdivision FD:FireNpartment
Ir provemenl Plans PD:Police Department
Vesting Tentative Parcel Map FM:Final Map CE:CiyEngineer
TO:Temporary Occupancy WW Wastewater
TPM 2003-0040 FI:FinalirspecWn CA City Attorney
F0:Final Occupancy AMWC:Water Comp.
equipment may be used to remove soil to within two feet of the
anticipated edge of cut. Then roots will be uncovered by hand,
and cut cleanly with a sharp hand saw at the lie of finish cut.
This will avoid tearing of roots. The soil may then be removed,
using heavy equipment. Below three feet depth, heavy
equipment may be used for the entire excavation.
Construction of sidewalk and steps from Rosario Avenue to
buildings A and B shall minimize excavation to less than four
inches of cut or fill below the walk.
Mitigation Measure 4.e.7: If living roots two inches in diameter GP BS 4.e.7
or more are encountered during trenching or excavation,they
shall be cleanly cut by the contractor,with a sharp handsaw,to
remove the frayed end. Do no paint the cut ends of roots.
Keep the roots moist by covering the excavation edge with
plastic sheeting. Backfill the excavation as soon as possible.
Mitigation Measure 4.e.8: Excavation for the west side of GP BS 4.e.8
garage D will be by hand in all areas within fifteen feet of the
trunk of tree #1. Any large roots encountered will be
preserved, and the foundation will span over the root.
Cushioning for the root shall be blocks of Styrofoam, four
inches thick,over the top and sides of the root.
Mitigation Measure 4.e.9: Tree pruning should be done by a GP BS 4.e.9
qualified ISA certified arborist or ISA tree worker. A.N.S.I.A-
300 and Z-133 standards for tree care and the City Of
Atascadero Tree Ordinance shall be used and followed at all
times.
Mitigation Measure 5.a.1: The proposed project shall GP PS,BS,CE 5.a.1
incorporate the Secretary of the Interior's Standards and
Illustrated Guidelines for Rehabilitating Historic Buildings. The
standards shall apply to the exterior rehabilitation of the
Colony house,construction of the new detached garage for the
colony house,design of the proposed three homes,and
proposed landscape improvements to the overall project site,
subject to staff review and approval.
Mitigation Measure 5.a.2: Replacement of any exterior GP PS,BS,CE 5.a.2
materials or design features on the original colony homes shall
be consistent with the Secretary of the Interior's Standards and
Illustrated Guidelines for Rehabilitating Historic Buildings. This
shall include the replacements of any doors and windows with
solid wood framing of similar design and appearance. Vinyl,
vinyl-cladding, and metal materials are not permitted.
Mitigation Measure 5.a.3: The proposed project shall include GP PS,BS,CE 5.a.3
Covenants, Conditions and Restrictions(CC&R's)or
equivalent mechanism that incorporate the planned
development conditions of approval to ensure that the site
retains the historic qualities(historic buildings,architecture,
colors, materials,fencing,and landscaping) over time.
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GP:Grading Penial PS:Planning Services
BP:Building Peard BS:Building Services
5516 Tunitas Avenue SIP:Subdivision FD:FireDepadment
InprovernenCPlans PD:Police Department
Vesting Tentative Parcel Map FM:Final Map CE:CilyEngineer
TO:Temporary Occupancy WW:Wastewater
TPM 2003-0040 Fe Final inspection CA City Attorney
F0:Final Occupancy AMWC:Water Comp.
Mitigation Measure 5.b.1: Should any cultural resources be GP PS,BS,CE 5.b.1
unearthed during site development work,the provisions of
CEQA-Section 15064.5,will be followed to reduce impacts to
a non-significant level.
Mitigation Measure 6.b.1:The grading permit application plans GP,BP PS,BS,CE 6.b.1
shall include erosion control measures to prevent soil,dirt,and
debris from entering the storm drain system during and after
construction. A separate plan shall be submitted for this
purpose and shall be subject to review and approval of the City
Engineer at the time of Building Permit application.
Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro GP,BP PS,BS,CE 6.b.2
seeded with an appropriate erosion control method(erosion
control blanket,hydro-mulch,or straw mulch appropriately
anchored)immediately after completion of earthwork between
the months of October 15 through April 15. All disturbed
slopes shall have appropriate erosion control methods in
place. Duration of the project: The contractor will be
responsible for the clean up of any mud or debris that is
tracked onto public streets by construction vehicles.
Mitigation Measure 6.c.d: A soils report shall be required to be GP,BP PS,BS,CE 6.c.d.1
submitted with a future building permit by the building
department.The building plans will be required to follow the
recommendations of the soils report to assure safety for
residents and buildings.
Mitigation Measure 6.d.1: All recommendations contained GP,BP PS,BS,CE 6.d.1
within the project geotechnical investigation by GSI dated
2/27/03 shall be incorporated into the building plans and
adhered to during construction through project completion.
Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention BP PS,BS,CE 8.e.f.1
Plan (SWPPP)/Erosion Control Plan shall be submitted and
approved by the City Engineer prior to the issuance of the
building permit. The plan shall include storm water measures
for the operation and maintenance of the project for the review
and approval of the City Engineer. The Building Permit
application plans shall identify Best Management Practices
(BMPs) appropriate to the uses conducted on site that
effectively prohibit the entry of pollutants into storm water
runoff.
Mitigation Measure 8.e.f.2: The developer is responsible for BP PS,BS,CE 8.e f.2
ensuring that all contractors are aware of all storm water
quality measures and that such measures are implemented.
Failure to comply with the approved construction Best
Management Practices will result in the issuance of correction
notices,citations,or stop orders.
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Mitigation Monitoring Program /Monitoring Measure
GP:Grading Permit PS:Planning Services
BP Building Perm t BS:Building Services
5516 Tunitas Avenue SIP:Subdivision FD:FireDepartrnenl
Improvement Plans PD:Police Department
Vesting Tentative Parcel Map FM:Final Map CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
TPM 2003-0040 Fc Final inspection Ca Cay Attorney
F0:Final Occupancy AMWC:Water Comp.
Mitigation Measure 11.d.1: All construction activities shall GP,BP PS,BS,CE 11.d.1
comply with the City of Atascadero Noise Ordinance for hours
of operation.
Construction activities shall be limited to the following hours of
operation:
• 7 a.m.to 7 p.m. Monday through Friday
• 9 a.m.to 6 p.m. Saturday
• No construction on Sunday
Further,particularly loud noises shall not occur before 8 a.m.
on weekdays and not at all on weekends.
The Community Development Director upon a determination
that unusually loud construction activities are having a
significant impact on the neighbors may modify the hours of
construction.
Failure to comply with the above-described hours of operation
may result in withholding of inspections and possible
construction prohibitions,subject to the review and approval of
the Community Development Director.
A sign shall be posted on-site with the hours of operation and
a telephone number of the person to be contacted in the event
of any violations. Staff shall approve the details of such a sign
during the Grading Plan/Building Permit review process.
187
ITEM NUMBER: C-1
DATE: 10/28/2003
■ sn 1
CADS/
Atascadero City Council
Staff Report - Public Works Department
Solid Waste Landfill Agreement
RECOMMENDATION:
Council authorize the City Manager to execute the agreement between the City of
Atascadero and Chicago Grade Landfill, Inc. for exclusive depositing of City waste
collections.
DISCUSSION:
Background: The residents of the City have used the Chicago Grade Landfill as a waste
disposal site for the last 30 years. The landfill is located five miles east of Atascadero,
conveniently down the new alignment of SR 41. Thirty-six thousand tons of waste is
deposited at the landfill annually, which is permitted for 100,000 tons annually. The
Chicago Grade Landfill recycles approximately 4,200 tons of waste annually. The
landfill is predicted to have capacity until the year 2020.
The City Council approved an agreement with Chicago Grade Landfill, Inc. for exclusive
depositing of City solid waste collection into the Chicago Grade landfill on July 25,
2003. This agreement term was until June 30, 2005. Michael Hoover, President of
Chicago Grade Landfill, has requested that the City enter into a new long-term
agreement with the landfill owners for a term until June 30, 2011. The new agreement
is requested so the owners of landfill can obtain $2,000,000.00 of capital for landfill
improvements. New equipment and capital outlays are required for the landfill to run
effectively.
The benefits for the City in entering into a long-term agreement are:
• Fixed solid waste disposal rates.
• Guaranteed disposal site for City waste.
• Protection from pollution liability.
• Franchise fee for City.
188
ITEM NUMBER: C- 1
DATE: 10/28/2003
The disadvantages of entering into a long-term agreement for the City are: .
• The City cannot deposit its waste collections at any other landfill.
This might be a negative if another landfill offers the City a rate lower than Chicago
Grade Landfill and increased hauling charges to the new landfill do not offset the lower
rate. Chicago Grade Landfill is closer to Atascadero than any other existing landfill. The
two closest landfills, besides Chicago Grade, are Paso Robles Landfill and Cold
Canyon Landfill. Atascadero Waste Alternatives passes the fee charged to them by
Chicago Grade Landfill to the ratepayer consistent with the existing franchise
agreement.
• Liability Exposure
Significant liability exposure exists wherever the city's solid waste is deposited.
However by establishing an exclusive contract with Chicago Grade, the city may be
able to avoid involvement in lawsuits involving other landfills, should remediation of
hazardous materials be necessary at the other landfill.
Summary: City Staff and the City Attorney have visited the landfill and negotiated the
terms of the agreement with the president of Chicago Grade Landfill. The entire
agreement is attached. The main points of the negotiated agreement are:
• 8-year duration •
• Fixed disposal charges for City waste
• Fixed disposal charges for non-hazardous wastewater sludge
• $10,000,000 pollution liability insurance.
• $1.00/ton franchise fee
FISCAL IMPACT: Approximate revenues of $24,000.
ALTERNATIVES:
1. Do not approve the agreement.
2. Have staff renegotiate specific portions of the agreement.
ATTACHMENT: Agreement
189
AGREEMENT BETWEEN THE CITY OF ATASCADERO AND CHICAGO
GRADE LANDFILL,INC.FOR EXCLUSIVE DEPOSITING OF CITY WASTE
COLLECTIONS INTO CHICAGO GRADE LANDFILL
This Agreement for Exclusive Depositing of City Waste Collections into Chicago
Grade Landfill ("Agreement" herein), is entered into and executed by and between the
CITY OF ATASCADERO, a municipal corporation, organized and existing under the
laws of the State of California ("City"), and Chicago Grade Landfill, Inc. ("Chicago
Grade"), a corporation.
RECITALS
This Agreement is entered into on the basis of the following facts:
A. Chicago Grade has provided and is capable of providing solid waste
disposal services at its landfill located on Homestead Road in Templeton, California;
B. City has duly adopted Ordinance No. 56, which requires contractors
providing solid waste handling services for solid waste generated in the City to dispose of
all refuse or garbage and rubbish at a disposal site approved by the San Luis Obispo
County Department of Health;
C. Chicago Grade's landfill is approved for solid waste disposal by the San
Luis Obispo County Department of Health;
D. Chicago Grade can and will furnish all personnel, equipment, and supplies
necessary to accept disposal of solid waste from all premises within the City;
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E. City is authorized under its agreements with its franchised waste hauler to
designate a specific landfill into which waste collected within the City will be deposited;
and
F. The City Council has determined that the grant of an exclusive agreement
for disposal of waste collected within the City into Chicago Grade Landfill is in the
public interest.
NOW, THEREFORE, CITY AND CHICAGO GRADE DO HEREBY AGREE
AS FOLLOWS:
SECTION 1. DESIGNATION OF THE CHICAGO GRADE LANDFILL AS
EXCLUSIVE LOCATION FOR THE DISPOSAL OF SOLID WASTE
COLLECTED BY CITY'S FRANCHISED WASTE HAULER
Pursuant to Section 13(H) of its Solid Waste Collection Franchise Agreement,
City g g designates the Chicago Grade Landfill as the exclusive location for the disposal of
compacted solid waste collected within the City of Atascadero by its franchised waste
hauler. As used herein, compacted solid waste shall mean solid waste that is delivered to
the landfill in compactor trucks. During the term of this Agreement, City shall not
designate or approve the disposal of such solid waste at any other landfill.
SECTION 2. TERM OF AGREEMENT
Subject to Section 12 of this Agreement, the term of this Agreement shall be from
January 1, 2003, to June 30, 2011, inclusive. In the event this Agreement is terminated
earlier than June 30, 2011, the status of Chicago Grade Landfill as the exclusive disposal
site for compacted solid waste kept, accumulated or generated in the City of Atascadero
granted hereby shall terminate as of the date of termination of the Agreement.
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SECTION 3. DEFINITIONS
Unless otherwise defined, or if the use or context clearly requires a different
definition, all words, terms and phrases in this Agreement and the derivations thereof
shall have the meanings set forth in Section 6-4.01 of the Atascadero Municipal Code.
SECTION 4. CHARGES AND FEES
A. During the term of this Agreement, Chicago Grade shall charge City and
City's franchised waste hauler for accepting for disposal in the Chicago Grade Landfill
compacted solid waste kept, accumulated, or generated in the City of Atascadero.
Charges shall be in the following amounts:
1. During the term of this Agreement, Chicago Grade shall charge a
maximum of Thirty-Nine Dollars and Ninety Cents ($39.90) per ton of solid
waste kept, accumulated, or generated in the City of Atascadero that Chicago
Grade accepts from City's franchised waste hauler for disposal in the Chicago
Grade Landfill.
2. In the event Chicago Grade shall reduce its landfill disposal
charges below Thirty-Nine Dollars and Ninety Cents ($39.90) per ton to any
customer depositing solid waste at Chicago Grade Landfill, Chicago Grade shall
at the same time reduce its landfill disposal charge in a like amount for the solid
waste kept, accumulated, or generated in the City of Atascadero that Chicago
Grade accepts for disposal in its landfill.
B. During the term of this Agreement, Chicago Grade shall pay to City fees
for the privilege of accepting for disposal in its landfill compacted solid waste kept,
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accumulated, or generated in the City of Atascadero and delivered to the landfill by City's
franchised waste hauler. Fees shall be in the following amounts:
1. Chicago Grade shall pay to the City not less than One Dollar and
No Cent ($1.00) per ton of compacted solid waste kept, accumulated, or generated in the
City of Atascadero that Chicago Grade accepts for disposal from City's franchised waste
hauler at the Chicago Grade Landfill. The fee shall increase in an amount equal to any
decrease below Thirty-Nine Dollars and Ninety Cents ($39.90) per ton of compacted
waste in landfill disposal charges levied by Chicago Grade for any customer depositing
solid waste at Chicago Grade Landfill. For example, in the event Chicago Grade reduces
its landfill disposal charges to a specific customer to Thirty-Eight Dollars and No Cents
($38.00) per ton, Chicago Grade shall increase the fees paid to City by One Dollar and
Ninety Cents ($1.90) per ton to a total of Two Dollars and Ninety Cents ($2.90) per ton,
in addition to reducing the rate for solid waste kept, accumulated, or generated in the City
of Atascadero as set forth above in Section 4(A)(2).
2. Fee payments shall be paid quarterly and shall be computed and
paid on the basis of tonnage of solid waste kept,accumulated, or generated in the City of
Atascadero that Chicago Grade accepts for disposal at the Chicago Grade Landfill.
3. Chicago Grade shall transmit all required fees to:
Administrative Services Director
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
C. Fees shall be due and payable on the twentieth (20th) day of the month
following the end of each quarter. If fees are not paid by Chicago Grade when due, then
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in addition to the fees, Chicago Grade shall pay a late payment penalty in an amount
equal to ten percent 10 of the fee that was not timely aid by Chicago Grade. If Chicago
q P ( ) YP
Grade fails to pay delinquent fees within thirty (30) days of the date due, Chicago Grade
shall pay a second late payment penalty in an amount equal ten percent (10) of the fee
outstanding after such thirty-day period. The second late payment penalty shall be in
addition to the first late payment penalty. In addition, Chicago Grade shall pay interest on
all unpaid fees at the rate often percent (10) per annum or the legal rate allowed,
whichever is less, from the date the fees were due and payable to the date actually paid.
D. If Chicago Grade remits fees by personal delivery to City, such fees shall
be deemed timely paid only if delivered on or before the due date. If Chicago Grade
remits fees by mail or other delivery service, such fees shall be deemed timely only if(1)
the envelope containing the fee payment bears a postmark or receipt showing that the
payment was mailed or sent on or before the due date or(2) Chicago Grade submits proof
satisfactory to the Administrative Services Director that the fee payment was in fact
deposited in the mail or sent on or before the due date.
E. In the event Chicago Grade believes that it has paid fees in excess of the
fees due to City,. Chicago Grade may submit a request for refund to the Administrative
Services Director on a form provided by the Director. If proof of overpayment is
satisfactory to the Director, the Director shall refund to Chicago Grade any overpayment.
Chicago Grade shall not apply any overpayment as a credit against any other amounts
payable to City unless specifically so authorized by the Administrative Services Director
in writing.
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SECTION 5. DISPOSAL OF SOLID WASTE
A. Chicago Grade shall accept disposal of all solid waste collected or
transported by City's franchised waste hauler to Chicago Grade Landfill. Chicago Grade
shall, during the term of this Agreement, maintain sufficient landfill capacity to accept
disposal of all solid waste collected or transported by City's franchised waste hauler to
Chicago Grade landfill.
B. During the term of this Agreement, City shall direct all franchised waste
haulers permitted to collect solid waste within City to deliver such solid waste to Chicago
Grade Landfill. City shall not, during the term of this Agreement, direct that solid waste
hauled pursuant to the City's franchise agreement be delivered to a disposal site other
than Chicago Grade Landfill. In the event City is currently party to a contract with a
contractor to collect and dispose of solid waste kept, accumulated or generated within
City, City shall endeavor to immediately amend such contract to specify that the
contractor shall deliver solid waste collected under such contract to Chicago Grade
Landfill for disposal.
C. During the term of this Agreement, Chicago Grade shall accept disposal of
all non-hazardous "sludge" generated by City at the disposal rate of$14.00 per ton.
SECTION 6. REPORTS
A. Chicago Grade shall submit to City quarterly reports stating the total
amount of solid waste that Chicago Grade accepted for disposal from within the City
during the reportable quarter; the total weight (in tons) of all other solid waste accepted
by Chicago Grade during the reportable quarter; and the total weight and the weight by
material category (in tons) of solid waste accepted by Chicago Grade during the
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195
reportable quarter. Such quarterly reports shall be prepared in the form required by the
City Engineer. Each quarterly report shall be submitted on or before the 15th day of the
month following the end of the quarter (i.e. report due April 15 for first quarter of the
year) and submitted to:
City Engineer
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
B. If the report required under subsection A is not filed by the due date
specified above, the report shall be deemed delinquent. If the report remains delinquent
for more than five (5) days after Chicago Grade's receipt of a written notice from City,
Chicago Grade shall pay to City a delinquent report charge in the amount of One
Hundred Dollars ($100). If the report remains delinquent for more than forty-five (45)
days, Chicago Grade shall pay to City a delinquent report charge in the amount of Five
Hundred Dollars ($500). Such delinquent report charges shall be in addition to any fees
or other charges payable by Chicago Grade under this Agreement.
SECTION 7. CHICAGO GRADE'S RECORDS
A. Chicago Grade shall keep and maintain books of account, income
statements and supporting documents of all business transactions conducted by Chicago
Grade in connection with the solid waste landfill disposal services of Chicago Grade
under this Agreement. Such records shall be kept at Chicago Grade's place of business.
B. The books of account, income statements and supporting documents shall
be made available to City at Chicago Grade's place of business during normal business
hours upon request or demand of the City Manager, City Engineer, or other City officer,
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employee or consultant authorized by any of these officers. The purpose of such
inspection and/or audit shall be for verification of the fees aid b Chicago Grade under
P p Y
this Agreement, the accuracy thereof; charges made to others for disposal at the Chicago
Grade Landfill and for verification of the amounts of solid waste reported by Chicago
Grade pursuant to this Agreement. To the extent authorized by law, Chicago Grade's
books of account, incomes statements and other documents accessed by City shall be kept
confidential.
C. Chicago Grade shall reimburse City for City's costs in performance of an
audit if, as a result of the audit it is determined:
1. There was any intentional misrepresentation by Chicago Grade
with respect to the amount of fees due to the City; or
2. There is a one thousand dollars ($1,000.00) or greater discrepancy
in the amount of fees due to the City. Such reimbursement shall be paid by Chicago
Grade WITHIN THIRTY (30) days of the date City notifies Chicago Grade in writing of
the amount of City's costs.
SECTION 8. INSURANCE REQUIREMENTS
Without limiting the indemnification provided in Section 9, Chicago Grade shall
obtain and shall maintain throughout the term of this Agreement, at Chicago Grade's sole
cost and expense, insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the solid waste disposal services provided
under this Agreement by Chicago Grade, its agents, representatives, employees or
contractors.
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A. Minimum Scope and Limits of Insurance.
Chicago Grade shall maintain at least the following minimum insurance
coverages:
1. Commercial General Liability: $1,000,000 combined single limit
per occurrence for bodily injury, personal injury, and property damage. The Commercial
General Liability insurance limit shall apply separately to this Agreement or the general
aggregate limit shall be twice the required occurrence limit. The Commercial General
Liability insurance shall be written on a "claims made" basis. Following the expiration or
termination of this Agreement, Chicago Grade shall include City as an additional insured
under the policy for three (3) years to protect City from claims filed after said expiration
or termination. In the event that the Chicago Grade Landfill closes during said 3-year
period, Chicago Grade shall obtain "tail coverage" protecting City from said claims.
2. Pollution Legal Liability: $10,000,000 per occurrence on a claims-
made basis for pollution releases. Following the expiration or termination of this
Agreement, Chicago Grade shall include City as an additional insured under the policy
for three (3) years to protect City from claims filed after said expiration or termination. In
the event that the Chicago Grade Landfill closes during said 3-year period, Chicago
Grade shall obtain "tail coverage" protecting City from said claims.
3. Automobile Liability: $1,000,000 combined single limit per
occurrence for bodily injury and property damage, and shall include sudden and
accidental coverage.
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4. Workers' Compensation and Employers Liability: Workers'
Compensation statutory limits as required by the California Labor Code and Employers
Liability limits of$1,000,000 per accident.
B. Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of City either:
L The insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects City, its officers, employees, agents and contractors; or
2. Chicago Grade shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses in an amount
specified by City.
C. Endorsements.
The required insurance policies are to contain, or be endorsed to contain, the
following provisions:
1. General Liability and Automobile Liability Coverages.
a. The City of Atascadero, its officers, elected officials,
employees, agents and contractors are to be covered as an additional insured as respects:
liability arising out of activities performed by, or on behalf of Chicago Grade; products
and completed operations of Chicago Grade; premises owned, leased or used by Chicago
Grade; and automobiles owned, leased, hired or borrowed by Chicago Grade. The
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coverage shall contain no special limitations on the scope of protection afforded to City,
its officers elected officials,
employees and agents and contractors.
b. Chicago Grade's insurance coverage shall be primary
insurance as respects City, its officers, elected officials, employees, agents and
contractors. Any insurance or self-insurance maintained by City, its officers, elected
officials, employees, agents or contractors shall be excess of Chicago Grade's insurance
and shall not contribute with it.
C. Coverage shall state that Chicago Grade's insurance shall
apply separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
2. All Coverages
Each insurance policy required by this Agreement shall be endorsed to state that
coverage shall not be suspended, voided,canceled, or reduced in limits except after thirty
(30) days'prior written notice has been given to the City.
D. Placement of Insurance.
Insurance shall be placed with an insurance company certified to do business in
the State of California, with Best's rating A-VII or better.
E. Proof of Insurance.
Chicago Grade shall furnish City with certificates of insurance and with original
endorsements affecting coverage required by this Agreement. The certificates and
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endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. Proof of insurance shall be mailed or personally
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delivered to the following address or to such other address as may be directed in writing
by the City:
City Engineer
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
F. Subcontractors.
Chicago Gradeshall include all subcontractors as insureds under Chicago Grade's
policies or shall obtain separate certificates and endorsements for each subcontractor.
G. Failure to Provide Insurance.
Chicago Grade agrees that if any policy of insurance required by this Agreement
is not maintained in full force and effect, the City Manager may, in his sole discretion,
suspend this Agreement, immediately, until such time as the required insurance is in
effect and the required certificates and endorsements are delivered to the City.
SECTION 9. INDEMNIFICATION
Chicago Grade, as a condition of this Agreement, shall indemnify the City as
follows:
A. General Liability: Chicago Grade and its Shareholders individually shall
indemnify, defend with counsel approved by City, protect and hold harmless the City, its
officers, elected officials, employees and agents, with respect to any loss, liability, injury
or damage that arises out of, or is in any way related to, the acts or omissions of Chicago
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Grade, its employees, officers and agents in the performance of any activity, function or
dutyauthorized b , or required under the terms of, this Agreement, or that arises out of,
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or is in any way related to Chicago Grade's operation of its Chicago Grade Landfill,
except Chicago Grade shall not be required to indemnify City in connection with the sole
negligence or willful acts or omissions of the City, its officers,elected officials, agents or
employees.
B. Hazardous Substances Indemnification: Chicago Grade and its
Shareholders individually shall indemnify, defend with counsel approved by City, protect
and hold harmless City, its officers, elected officials, employees, agents, assigns, and any
successor or successors to City's interest from and against all claims, actual damages
including, but not limited to, special and consequential damages, natural resource
damage, punitive damages, injuries, costs, response, remediation, and removal costs,
i
losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative
proceedings, interest, fines, charges, penalties and expenses, attorneys' and expert witness
fees and costs incurred in connection with defending against any of the foregoing or in
enforcing this indemnity of any kind whatsoever paid, incurred or suffered by, or asserted
against City or its officers, elected officials, employees, agents or Chicago Grade arising
from or attributable to Chicago Grade's activities under this Agreement, or that arises out
of, or is in any way related to Chicago Grade's operation of its Chicago Grade Landfill,
concerning any hazardous substances or hazardous waste at any place where Chicago
Grade stores or disposes of solid or hazardous waste pursuant to this Agreement, or
preceding agreements between City and Chicago Grade. The foregoing indemnity is
intended to operate as an agreement pursuant to the Comprehensive Environmental
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Response, Compensation and Liability Act 42 U.S.C. Section 9607(e) and any
amendments thereto; California Health and Safety Code Section 25364, to insure, protect,
hold harmless, and indemnify City from liability.
C. City agrees to give notice to Chicago Grade when the City receives a
claim for damages or other liability for which Chicago Grade has provided
indemnification under this Section.
SECTION 10. COMPLIANCE WITH LAW
A. Chicago Grade shall perform all solid waste services under this Agreement
in accordance with applicable federal, state, and local law, and in accordance with the
terms and conditions of this Agreement.
B. Over the course of the term of this Agreement, Chicago Grade and City
agree that the City's ordinances may be amended as necessary to permit the City to
comply with changes to federal, state, and local legislative regulatory requirements,
which may affect or alter City's solid waste handling obligations or requirements for solid
waste management. Chicago Grade agrees to comply with any such amendment of the
City's ordinances.
SECTION 11. PERMITS AND LICENSES
Chicago Grade shall obtain and maintain, at Chicago Grade's sole cost and
expense, all permits ,and licenses applicable to Chicago Grade's operations under the
Agreement, which are required of Chicago Grade by any governmental agency.
SECTION 12. TERMINATION
A. . Upon an Event of Default by Chicago Grade, the City shall have the right
to terminate this Agreement. City shall provide written notice of termination setting forth
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with specificity the event of default upon which the termination is based. The termination
shall become effective within ten (10) days of Chicago Grade's receiptt of notice unless
within said period it serves on City a written demand for binding arbitration as provided
in Section 13 herein. As used herein, an "Event of Default" includes the following events:
1. Chicago Grade fails to perform its obligations under this
Agreement, or any present or future supplement or amendment to this Agreement, and
fails to cure such breach within thirty (30) days of receiving notice from the City
specifying the breach;
2. Any representation or disclosure made to City by Chicago Grade in
connection with or as an inducement to entering into this Agreement or any future
amendment to this Agreement, which proves to be false or misleading in any material
respect as of the time such representation or disclosure is made, whether or not any such
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representation or disclosure appears as part of this Agreement;
3. The County of San Luis Obispo revokes or otherwise terminates
Chicago Grade's permit to operate a sanitary landfill;
4. There is any termination or suspension of the transaction of
business by Chicago Grade, including without limit, due to labor unrest including strike,
work stoppage or slowdown, sickout, picketing, or other concerted job action lasting
more than two (2) days;
5. Chicago Grade files a voluntary petition for debt relief under any
applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in
effect, or shall consent to the appointment of or taking of possession by a receiver,
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204
liquidator, assignee, trustee, custodian, sequestrator(or similar official) of Chicago Grade
for any Part of Chicago Grade's operating assets or any substantial part of Chicago
Grade's property, or shall make any general assignment for the benefit of Chicago
Grade's creditors, or shall fail generally to pay Chicago Grade's debts as they become due
or shall take any action in furtherance of any of the foregoing;
6. A court having jurisdiction shall enter,a decree or order for relief in
respect of the Chicago Grade, in any involuntary case brought under any bankruptcy,
insolvency, debtor relief, or similar law now or hereafter in effect, or Chicago Grade shall
consent to or shall fail to oppose any such proceeding, or any such court shall enter a
decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator
(or similar official) of the Chicago Grade or for any part of Chicago Grade's operating
equipment or assets, or orders the winding up or liquidation of the affairs of Chicago
Grade.
B. In the event the Agreement is terminated pursuant to Subsection A above
or the term of this Agreement expires:
1. Chicago Grade shall remain liable to City for any and all fees that
would otherwise be payable by Chicago Grade, for any and all late payment charges and
interest assessed pursuant to Section 4 of this Agreement, and for any and all delinquent
report charges assessed pursuant to Section 6 of this Agreement.
2. Chicago Grade shall have a continuing obligation to submit to City
all reports required by Section 6 of this Agreement that relate to the acceptance of solid
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waste kept, accumulated or generated in the City of Atascadero by Chicago Grade up to
and includingthe date of termination, suspension, or expiration.
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3. Chicago Grade agrees to continue to provide the indemnification
required in this Agreement after its suspension or termination. Such indemnification
includes,but is not limited to, the hazardous materials indemnification in Section 9.
SECTION 13. ARBITRATION
A. In the event any dispute shall arise relating to this Agreement or its
interpretation, any performance required hereunder, or any breach thereof, such dispute
shall be resolved by arbitration conducted in San Luis Obispo County, California. To the
extent not otherwise provided for herein, the arbitration proceedings shall be conducted
by the American Arbitration Association and be governed by the Commercial Arbitration
Rules of the American Arbitration Association, including but not limited to the Expedited
Procedures under the Commercial Arbitration Rules.
1. The arbitration shall be conducted by an arbitrator who shall be
qualified in the areas under dispute, and shall be commenced by the party demanding the
arbitration by serving written demand therefor upon the other party to this Agreement.
2. The arbitrator shall schedule a hearing of the controversy not later
than thirty (30) days after his or her appointment. The arbitrator shall have the authority
to extend the 30-day period for good cause upon application of one of the parties to the
arbitration. Upon determination of the hearing date, the arbitrator shall cause written
notice to be served forthwith upon the parties.
0
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3. The arbitrator shall announce his or her decision in writing not less
than thirtyafter the matter has been submitted. The decision shall briefly C30) days Y Y set
forth the basis for the decision and a copy of the written decision shall be served
forthwith upon all parties.
4. Except as otherwise provided by California law, the decision of the
arbitrator shall be final and binding upon all parties to the dispute; provided, however,
that if any party threatens to engage in any conduct before the arbitration can be initiated
and/or concluded, which conduct would cause an interruption in the disposal at the
Chicago Grade Landfill of any compacted solid waste collected within the City of
Atascadero by its franchised waste hauler as provided under this Agreement, then any
party shall have the right to seek injunctive relief in the California Superior Court, which
injunctive relief, if granted, shall terminate when the arbitrator's decision is issued.
5. The expense of the arbitration shall be assessed against the parties
as determined by the arbitrator.
SECTION 14. ATTORNEYS' FEES
In the event that it is necessary for the parties hereto to institute legal action or
arbitration in connection with this Agreement, the prevailing party or parties shall be
entitled to cost of suit, including reasonable attorneys' fees. Any such litigation or
arbitration shall be commenced and maintained in San Luis Obispo County, California.
SECTION 15. ASSIGNMENT
Chicago Grade shall not assign, sell, subcontract, transfer or otherwise delegate its
authority to perform any obligations under the Agreement without prior express written
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207
consent of the City Council, which consent shall not be unreasonably withheld. This
prohibition includes an transfer of ownership or control of Chicago Grade, or the
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conveyance of a majority of Chicago Grade's stock to a new controlling interest. In the
event City authorizes Chicago Grade to assign, sell, subcontract, transfer or otherwise
delegate its authority to perform any obligations under the Agreement, the provisions of
this Agreement shall inure to the benefit of and be binding on the successors and
permitted assigns of the parties.
SECTION 14. MISCELLANEOUS PROVISIONS
A Notices. Except as otherwise provided in this Agreement, all notices
required by this Agreement shall be given by personal service or by deposit in the United
States mail, postage prepaid and return receipt requested, addressed to the parties as
follows:
To: Steven B. Kahn
Director of Public Works
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
To: Chicago Grade Landfill, Inc.
Attn: Mike Hoover,President
2290 Homestead Road
Templeton, California 93465
Notice shall be deemed effective on the date personally served or, if mailed, three
days after the date deposited in the mails.
B. Amendments. This Agreement supersedes all prior agreements and
understandings between the parties and may not be modified or terminated orally, and no
modification, termination or attempted waiver of any of the provisions hereof shall be
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208
binding unless in writing and signed by the party against whom the same is sought to be
enforced.
C. Applicable Law. This Agreement and the transactions herein contemplated
shall be construed in accordance with and governed by the applicable laws of the State of
California and of the United States.
D. Authority. The parties signing below represent and warrant that they have
the requisite authority to bind the entities on whose behalf they are signing.
E. Severability. If any provision of this Agreement is determined by a court
of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall
not be affected unless their enforcement under the circumstances would be unreasonable,
inequitable or would otherwise frustrate the purposes of this Agreement.
F. Waiver. The waiver by either party of any breach or violation of any
provisions of this Agreement shall not be deemed to be a waiver of any breach or
violation of any other provision nor of any subsequent breach of violation of the same or
any other provision. The subsequent acceptance by either party of any monies that
become due hereunder shall not be deemed to be a waiver of any pre existing or
concurrent breach or violation by the other party of any provision of this Agreement.
G. Counterparts. This Agreement may be executed in counterparts each of
which shall be considered an original.
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209
H. Section Headings. The section headings in this Agreement are for
convenience of reference only and are not intended to be used in the construction of this
Agreement nor to alter or affect any of its provisions.
I. Interpretation. This Agreement shall be interpreted and construed
reasonably and neither for nor against either party, regardless of the degree to which
either party participated in its drafting.
J. Entire Agreement. This Agreement represents the full and entire
Agreement between the parties with respect to the matters covered herein.
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210
WITNESS THE EXECUTION OF THIS AGREEMENT:
"CITY"
CITY OF ATASCADERO, a Municipal
Corporation
BY:
Wade G. McKinney, City Manager
ATTEST
Marcia McClure Torgerson, C.M.C.
City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
DATE:
CHICAGO GRADE LANDFILL, INC.
A California Corporation
BY:
NAME:
Title:
DATE:
[Signatures continue on next page]
Page 22 of 23
211
SHAREHOLDERS, CHICAGO GRADE
LANDFILL, INC.
BY:
NAME:
Title:
DATE:
BY:
NAME:
Title:
DATE:
BY:
NAME:
Title:
DATE:
BY:
NAME:
Title:
DATE:
Page 23 of 23
212
ITEM NUMBER: C-2
DATE: 10/28/2003
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Atascadero City Council
Staff Report - Community Development Department
City Entry Monument Sign
RECOMMENDATION:
Council adopt draft Resolution establishing an official entry monument sign at the
northern entrance to the City.
DISCUSSION:
Background: On March 31, 2003, an Administrative Use hearing was held to consider
the placement of an official City entry monument sign located at the northern end of the
• City. The sign location and design was approved as shown below:
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213
ITEM NUMBER: C-2
DATE: 10/28/2003
Due to the location of the sign along the Highway 101 corridor, CalTrans requires that
the sign be approved by City Council Resolution certifying that the sign qualifies as an
"official sign" per CalTrans standards as defined below:
"Signs placed by public officers or public agencies within their territorial or zoning
jurisdiction and pursuant to and in accordance with direction or authorization contained
in Federal, State, or local law for the purposes of carrying out an official duty or
responsibility."
Sign Location and Design: The sign will be located within an excess right-of-way
between Highway 101 and Ramona Road, approximately 1.87 miles from the
northernmost boundary of the City. The sign will be visible to southbound travelers and
will display a City logo, designed for the Atascadero Chamber of Commerce. The sign
will be mounted on a decorative brick base and will include low-lying native vegetation
installed throughout the surrounding area.
FISCAL IMPACT:
The project would likely have no impact on City revenues as the project installation and
maintenance has been funded through arrangements with the Atascadero Chamber of
Commerce.
ALTERNATIVES:
1. The Council may determine that more information is needed on some aspect of
the project and may refer the item back to staff to develop the additional
information. The Council should clearly state the type of information that is
required and move to continue the item to a future date.
2. The Council may choose not to adopt the resolution.
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2 Draft Resolution of Approval
214
ITEM NUMBER: C-2
DATE: 10/28/2003
ATTACHEMNT 1: Location Map,General Plan and Zoning
i
North End Entry
Sign Location
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215
ITEM NUMBER: C-2
DATE: 10/28/2003
ATTACHMENT 2 Draft Resolution A
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO PLACING AN OFFICIAL CITY ENTRY MONUMENT
SIGN ALONG THE HIGHWAY 101 CORRIDOR
WHEREAS, the proposed sign is within the zoning jurisdiction of the Atascadero City
Council; and,
WHEREAS, such placement of the sign is in accordance with the direction or
authorization contained in local law for the purposes of carrying out an official duty; and,
WHEREAS, placement and maintenance of the sign is to be carried out by the City of
Atascadero through agreement with the Atascadero Chamber of Commerce; and,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero, to establish an official City entry sign along the Highway 101 corridor as shown in
the following Exhibits:
EXHIBIT A: Sign Elevation
EXHIBIT B: Location Map
216
ITEM NUMBER: C-2
DATE: 10/28/2003
On motion by Council Member , and seconded by Council Member
the foregoing Resolution is hereby adopted following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Jerry L. Clay, Sr., Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
217
ITEM NUMBER: C-2
DATE: 10/28/2003
EXHIBIT A: Monument Sign Elevation
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218
ITEM NUMBER: C-2
DATE: 10/28/2003
EXHIBIT B: Location Map
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North End Entry
Sign Location
219