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HomeMy WebLinkAboutAgenda Packet 05/12/1987 NOTE: THERE WILL BE A CLOSED SESSION BEGINNING AT 6 :30 P.M. IN THE FOURTH FLOOR CLUB ROOM REGARDING LABOR NEGOTIATIONS A G F N n A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING FOURTH FLOOR, ROTUNDA .ROOM MAY 12. . •1987 7:30 P. M.' A City Council Members: (Seating from Left to Right: ) Council Member Norris Michael Shelton Council Member Bourbeau City Manager Mayor Mackey Jeffrey G. Jorgensen Council Member Handshy City Attorney • Council Member Borgeson Boyd C. Sharitz City Clerk RULES OF PUBLIC PARTICIPATION * Members of the audience may speak on any item on the agenda. ' * A person may speak for three (3) minutes. If a group has a spokesperson, the spokesperson may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council members may question any speaker; the speaker may respond; but after the alloted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Invocation: Reverend Gene Hensley Roll Call ** Swearing In of Gere Sibbach, Newly Appointed City Treasurer 0 ** Introduction of Vern Elliott, Fire Department and John Barlow, Police Department as Atascadero Employees of the Year ':: 1 (Approximate Time - 30 Minutes) • COMMUNITY FORUM The City Council values and encourages exchange of ideas and comments from you the citizen. The public comment period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council as a whole and not to any individual member thereof. * No questions shall be asked of a Council Member or City staff without permission of the Mayor. * No person shall be allowed to make slanderous, profane, impertinent, or personal remarks against any Council Member. * Any person desiring to submit written statements may do so by forwarding to Council, prior to the Council Meeting, nine (9) copies to the City Clerk by 5:00 p.m. on the Wednesday preceeding the Council Meeting. A. CONSENT CALENDAR All matters listed under Item A, Consent Calendar, are considered to • be routine, and will be enacted by one motion in the form listed be- low. There will be no separate discussion of these items. A member of the Council or public may, by request, have any item removed from the Consent Agenda, which shall then be added to and taken up at the end of the "New Business" section of the agenda. 1. Approval of Minutes of the Regular Council Meeting of April 28, 1987 2. Approval of Minutes of the Special Council Meeting of April 15, 1987 3. Acceptance of Offer of $1,500 for Sale of Surplus Dial-A-Ride Bus by Paul Torba 4. Authorization for Police Department to Offer for' Public Sale Lost and Unclaimed Property on May 16, 1987 5. Approval to Award Backhoe Tractor Bid for the Street Division to Ryan Equipment - $31,272. 65 6. Proclamation Acknowledging the Month of June, 1987 as Zoo and Aquarium Month 7. Approval to Award Play System Bid for Paloma Creek Park to Miracle Recreation Equipment - $19,356. 53 • 2 8. Approval of Traffic Control Items : A. Resolution 41-87 - Designating a 2 Hour Parking Zone in Area Previously Designated as Loading Zone - Traffic Way East of El Camino B. Resolution 40-87 — Designating a Stop Intersection on Old Santa Rosa Road at Intersection with West Front C. Resolution 42-87 - Designating a Stop Intersection on Llano Road at Intersection with Santa Lucia 9. Proclamation Acknowledging May 17-23, 1987 as Traffic Safety Week 10. Approval of Tentative Tract Map 6-87 - 8784 Plata Lane - Creation of 6 Industrial Air-Space Condominium Units on a . 509 Acre Parcel Palmer/Cuesta Engineering 11. Approval of Tentative Parcel Map 8-87 - 8660/8700 Coromar (Lots 33J & 33K, Block 7) - Subdivision of 2 Parcels Totaling 1.95 Acres into 4 Lots of Approximately 20,000 Square Feet Each - Silberstein/Barbieri/Volbrecht Surveys 12. Approval of Tentative Lot Line Adjustment 7-87 - 5703/5705 Del Rio Rd - Adjust Lot Line Between 2 Existing Lots - Cropper/Twin Cities Engineering 13. Acceptance of Final Parcel Map 9-86 — 8971 San Gabriel Road - Warhurst/Tartaglia 14. Acceptance of Final Tract Map 20-84 - 5600 West Mall - Dennis Bethel and Associates B. UNFINISHED BUSINESS (Approximate Time - 5 Minutes) 1. Zone Change 1-87 - 9385 Vista Bonita (Lots 6, 7, & 10-15) Nimmo/Yeomans A. Ordinance 151 - Amend Existing Zoning of Residential Single Family, 1-1/2 to 2-1/2 Acre Minimum Lot Sizes to Residential Single Family with a Planned Development Overlay Zone 7 (SECOND AND FINAL READING) (Cont'd from 4/28/87) (Approximate Time - 5 Minutes) 2. Tentative Parcel Map 3-87 - 9005 Atascadero Avenue - Subdivision of .93 Acre Parcel into two .46 Acre Lots - Shultz/Baumberger (Cont'd from 4/2/87 Consent Calendar) (Approximate Time - 5 Minutes) • 3. Tentative Tract Map 4-87 ­ 9240 Atascadero Avenue - Subdivision of a 4.93 Acre Parcel into 10 Lots Containing Between 20 ,100 Square Feet and 24,720 Square Feet - Hawkins/Cuesta Engineering (Cont ' d from 4/28/87 Consent Calendar) 3 C. HEARINGS/APPEARANCES/REPORTS (Approximate Time - 30 Minutes) 1. Presentation by John Bartelt - Proposed Nuclear Free Zone Ordinance (Approximate Time - 15 Minutes) 2. Business Improvement Association Report - Request for Initiation of Special Zoning District for Central Business District and an In-Lieu Fee Parking Program (Approximate Time - 15 Minutes) 3. Presentation on Proposed Boundaries for Undergrounding Utilities in the Downtown Area (Approximate Time - 20 Minutes) 4. Urgency Ordinance 152 - Clarifying the Minimum Lot Size in the LSF-x and RSF-x Zones - Requiring a Net Minimum Land Area of 20,000 Square Feet With Sewer (excluding land area needed for street right-of-way whether public or private) (FIRST AND FINAL READING) • D. NEW BUSINESS (Approximate Time - 15 Minutes) 1. Authorization for Mayor to Enter into Agreement with "ARE" - Preparation of the Atascadero Creek Bridge Traffic Study - $5,000 (Approximate Time 10 Minutes) 2. Authorization for Mayorto Enter Into a Memorandum of Understanding , with Atascadero School District - Joint Use of Recreational Facilities (Approximate Time - 10 Minutes) 3. Authorization for Mayor to Enter into Agreement with Alderman Engineering - Design Phase of Atascadero Lake Improvement Project - $17,850 (Approximate Time - 15 Minutes) 4. Authorization to Establish an Employee Service Award Program and Approve Appropriation of Funds for First Year Costs E. ATASCADERO COUNTY SANITATION DISTRICT • (Council will recess and convene as the Atascadero County Sanitation District Board of Directors) I i 4 (Approximate Time - 10 Minutes) 1. Authorization for Public Works Director to Solicit Bids for Inflow and Infiltration Analysis Project to the Wastewater Treatment Plant (Cont'd from 4/28/87) (Approximate Time - 15 Minutes) 2. Appeal of Sewer Annexation Fee Revised Requirement- 10705 El Camino Real (Casa Camino Apartments) - Messer (Cont'd from 4/28/87) (Approximate Time - 10 Minutes) 3. Marchant Way (Lots 72 & 73) Sewer Connection - Request for Exception (Approximate Time - 10 Minutes) 4. Approval to Award Backhoe Tractor Bid for the Sanitation District to Ryan Equipment - $31,272. 65 (The Board of Directors will Adjourn and Reconvene as the City Council) F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council Committee Appointments: a. Traffic Committee (Consideration to appoint Planning Commission member) b. City/School Committee C. San Luis Obispo Area Coordinating Council (alternate representative) (unexpired term) d. Ad Hoc Committee on Acquisition of Property along Frontage of Atascadero Lake Park 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager a. Discussion Regarding Budget Review 5 ,moEET!NG AG7MDA Nb ATC_ /�Z ITZm # M E M O R A N D U M TO: City Council Members May 12,1987 FROM: Michael Shelton City Manager SUBJECT: EMPLOYEES OF THE YEAR In accordance with the City' s Employee Recognition Program, annually an employee is designated from the previous year ' s designated Employee of the Month awards. The Selection Committee, consisting of the City Manager, a citizen representative, and a representative from each City Department have met and reviewed the merits of the previous 12 months designated employees. After considerable evaluation, the committee has designated. Sergeant John Barlow of the Police Department and Captain Vern Elliott of the Fire Department as joint "Employees of the Year" for their exemplary performance. John and Vern were designated Employees of the Month in February, 1986. . Attached is a memorandum to Sergeant Barlow and Captain Elliott designating them as joint Employees of the Month for the arrest and conviction in an arson case, which brought to conclusion numerous prior years of arson offenses. Both suspects were sen- tenced to prison on January 29, 1986. The convictions were the result of three years of joint investigations for crimes which were directly against the citizens of Atascadero. Both employees put in hundreds of hours in this investigation, and many of which were uncompensated. Well known in the safety field, the crime of arson is one of the most difficult crimes to get a conviction on. In. addition to the outstanding arrest and conviction, the com- mittee also recognized that John and Vern exemplify positive per- sonal relationsships in working with fellow employees within their department and on an interdepartmental level. In behalf of the committee, I request the City Council to join with the committee in recognizing Sergeant John Barlow and Captain Vern Elliott as "Employees of the Year" for the period of February, 1986 to February, 1987. MS:kv File: MEmpyr • EMPLOYEE OF THE MONTH FEBRUARY, 1986 Congratulations John Barlow and Vern Elliott, you both have jointly been designated by the Employee Recognition Program Committee as Atascadero's first "Employee of the Month" for the outstanding effort and conclusion you were able to achieve in the recent arson convictions. Your commitment and effort in behalf of the City and citizens of Atascadero is an example to all of us, and serves as a point .of pride and professionalism we are all proud to be associated with. Please convey our appreciation and heartfelt thanks to your families also, as I am sure the many extra hours spent required, on their part, a great deal of understanding and support. In addition to the nomination, I am pleased to attach two letters of commendation from San Luis Obispo County Fire Chief Franklin Frank, who not only speaks to the merits of your achievement, but equally congratulates the City in having personnel of out- standing character , who exhibit attitudes of being willing workers, and who display interpersonal skills to effectively and harmoniously work with other people. The highest compliment came, I believe, in Chief Frank 's commending your coordinated leadership and declaring you as true friends of the California Department of Forestry. Finally, I wish to commend and recognize the harmonious manner in which each of you, in different departments, were able to break down segmented barriers that are often imposed by the formal organization. It's a real pleasure to know that communication is exchanged freely, mutual respect is acknowledged, and a desire is manifested to help each other, as necessary, to achieve the com- mon good. Congratulations again! Michael Shelton City Manager EN 5%, 97 �EM IDA • ATASCADERO CITY COUNCIL MINUTES April 'I4, 1987 Atascadero Administration Building The regular meeting of the Atascadero City Council was called to order at 7:30 p.m. by Mayor Mackey. City Clerk, Boyd Sharitz, administered the Oath of Office to newly-appointed Council Member Charles Bourbeau. The Pledge of Allegiance was recited, followed by an invocation given by Rev. Larry Etter, Atas. Community Church. ROLL-CALL Present: Council Members Borgeson, Bourbeau, Norris and Mayor Mackey Absent: Councilman Handshy (Vacation) STAFF Mike Shelton, City Manager; Henry Engen, Community Development Dir- ector; Paul Sensibaugh, Public Works Director; Mike Hicks, Fire Chief; Lt. Chuck Hazelton, Police Department; Jeff Jorgensen, City . Attorney; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk • COUNCIL COMMENT Councilwoman Borgeson nominated Councilwoman Norris for Mayor Pro Tem, seconded by Mayor Mackey; passed by 4:0 roll-call, with Councilman Handshy absent. Mayor Mackey asked for public comment regarding whether the City Trea- surer position (resigned by Mr . Bourbeau on 4/16) should be filled by appointment or election. Public Comment Terrill Graham, 6205 Conejo Rd. , questioned why the Council would think the public would object to their appointment of a Treasurer, expressing an opinion opposing the recent appointment (in lieu of el- ection) of Councilman Bourbeau. Mr. Jorgensen, City Atty. , noted that an individual appointed to the City Treasurer vacancy would serve the full remainder of the unexpired term (which ends in June 1990) . MOTION: By Councilman Bourbeau to appoint Gere Sibbach as City Trea • surer for the duration of the unexpired term, seconded by Councilwoman Borgeson. Mayor Mackey introduced Mr. Sibbach, who applied for the position earlier today, and summarized his background. Mr. Jorgensen asked Mr. Sibbach if he is a 1 registered voter in the City, to which he responded y Motion passed unanimously, with Councilman Handshy absent. Mayor Mackey issued proclamations: - "National Police Week" , May 10-16, 1987 "National Fire Recognition Day" , May 9 , 1987 - "Be Kind to Animals Week" , May 3-9, 1987 - "Organ Donor Awareness Week" , April 26 - May 2, 1987 Introduction of. New Employees: - Melinda Fielder , Support Services Aide, APD, introduced by Lt. Chuck Hazelton - William Wittmeyer, Sr. Building Inspector, CDD, introduced by Henry Engen, Commun. Devel. Director COMMUNITY FORUM Pat Duncan, 12-year resident, reported on his contact and research with both the FAA and U.S. Navy personnel regarding low-flying air- craft over areas of the City. He noted he anticipates follow-up actions by the Navy. Dennis Fernandes, a Liberal Arts Major at Cal Poly SLO, desiring to solicit on behalf of Southwestern Publishing Co. , Nashville, TN, requested a student reduction in the cost of a sales permit. Mr. F. nandes was referred to discuss the issue with Planning staff. John McNeil, resident, spoke regarding the recent Gen. Plan survey performed by students of Cal Poly. He noted certain defects in the survey, the major one being that almost no attention was paid to growth. He urged that, in revising the Gen. Plan, Council will view the survey very carefully before acting upon it. Terrill Graham spoke again, expressing dissent with various past and recent actions by Council. When he began to make personal remarks against certain members, Mayor Mackey called him out of order. When he failed to comply, Mayor Mackey called for a brief recess (at 8:22 p.m. ) . MAYOR MACKEY CALLED MEETING BACK TO ORDER AT 8 :30 P.M. A. CONSENT CALENDAR 1. Approval of Minutes of the Regular Council Meeting of April 14, 1987 2. Approval of Minutes of the Special Council Meeting of March 30, 1987 • 2 3. - Approval of the Finance Director ' s Monthly Report - March, 1987 4. Approval of the Treasurer ' s Monthly Report - March, 1987 5. Acknowledging Proclamation for "Clear Air Week" from April 27 to May 3, 1987 6. Authorization to Solicit Bids to Purchase New Dial-A-Ride Bus 7. Authorization for Mayor to Enter into Agreement with Bruce Walker Consultants - Administration Building Fourth Floor Rotunda Room Acoustics and Sound Reinforcement System Improvements 8. Authorization for City Manager to Enter into Proposed Memorandum of Understanding with Atascadero Unified School District - Gasoline Disbursement for Vehicles 9. Approval of Tentative Lot Line Adjustment 3-87 - 7055 Llano Road - Wood/Cuesta Engineering 10. Approval of Tentative Lot Line Adjustment 5-87 - 3905 E1 Camino Real - Zimmer/Volbrecht Surveys 11. Approval of Tentative Lot Line Adjustment 6-87 - 3275/3355 Ramona Road - St. Clair/North Coast Engineering 12. Approval of Tentative Tract Map 21-86 - Lots 1, 2, & 4-8 of PM 28-30 (Santa Lucia & Lomitas Roads) - Subdivision of 6 Existing Lots Totaling 119.6 Acres into 22 Lots Varying from 26.3 to 3.1 Acres 13. Approval of Tentative Parcel Map 3-87 - 9005 Atascadero Ave. - Subdivision of .93 Acre Parcel into two .46 Acre Lots Shultz/ Baumberger 14. Approval of Tentative Tract Map 4-87 - 9240 Atascadero Ave. - Subdivison of , 4. 93 Acre Parcel into ten 20 ,100-24,720 sq. ft. Lots - Hawkins/Cuesta Engineering 15. Approval of Tentative Parcel Map 5-87 - 8925 Atascadero Ave. - Subdivision of 1. 66 Acre Parcel into 3 Lots of . 5, .5 & .66 Acres Each - Fisher 16. Acceptance of Final Parcel Map 4-86 - 8855 & 8905 San Pedro Rd. - Cassera/Cuesta Engineering 17. Acceptance of Final Parcel Map 25-86 - 8375 Portola Road Wright/ North Coast Engineering 18. Acceptance of Final Lot Line Adjustment 5-86 - 4685 Lobos - Riggs/Watkins/Twin Cities Engineering 3 19. Acknowledging Proclamation for Be Kind to Animals Week - May 3 1987 20. Acknowledging Proclamation for Organ Donor Awareness Week - April 26-May 2, 1987 Items A-12 & A-13 pulled by Councilwoman Borgeson; Item A-14 pulled by Mayor Mackey; Item A-7 pulled by Sarah Gronstand of audience; Item A-15 pulled by Dennis Lockridge of audience. All pulled items moved to New Business for discussion. MOTION: By Councilwoman Norris to approve Consent Calendar, minus items 7, 12, 13, 14 & 15 , seconded by Councilman Bourbeau; passed by 4:0 roll-call, with Councilman Handshy absent. B. HEARINGS/APPEARANCES/REPORTS 1. Zone Change 1-87 - 9385 Vista Bonita (Lots 6 , 7 & 10-15) Nimmo/ Yeomans A. Ordinance 151 - Amend Existing Zoning of Residential Single Family, 1-1/2 to 2-1/2 Acre Minimum Lot Size to Residential Single Family with a Planned Development Overlay Zone 7 (FIRST READING) Mr. Engen, Commun. Devel. Director, gave staff report. Public Comment Robert Nimmo, applicant, expressed the appreciation of the partners of Spanish Ridge for the staff presentation, which he feels is fair, and for individual members of Council taking time to inspect the site. Tim Gallagher, Park Supt. , SLO County Parks Dept. , speaking neither for or against subject project, expressed various related concerns: (1) The road entering the project off E1 Bordo is very narrow, and Mr. Gallagher suggests a traffic study be performed; (2) E1 Bordo is very narrow, and subject project proposes to increase its use; (3) the road to the development is very steep, and there is already severe erosion in the same general area; and (4) there has been discussion regarding direct access to the golf course by persons residing in the develop- ment, which the County cannot undertake unless there is some equal compensation. Mr. Engen suggested that Mr. Gallagher be provided with a copy of the draft Conditions of Approval of the tentative map and review it with him before coming back to Council. MOTION: By Councilwoman Norris to read Ord. 151 by title only, sec- onded by Councilwoman Borgeson; passed unanimously, with Councilman Handshy absent. Mayor Mackey read Ord. 151 title. 4 MOTION: By Councilwoman Borgeson that this constitutes the first reading of Ord. 151, seconded by Councilwoman Norris; passed by 4:0 roll-call, with Councilman Handshy absent. 2. Proposed Revisions to South Atascadero General Plan Amendment En- vironmental Impact Report Study Area Mr. Engen, Commun. Devel. Director , gave staff report. Public Comment Mike Arrambide, 7243 Del Rio, representing the Chamber of Commerce, relayed that the Chamber Board of Directors has reviewed the proposed site plan for development of the 43 acres and unanimously supports this project as proposed. He encouraged that Council rezone the prop- erty to CT so the project may come to pass. Further, he encouraged staff and Council to handle the project review process expeditiously so the proposed clients/tenants may be retained and that the EIR be limited in scope to areas that will have a definite impact. Rex Hendrix, owner of parcel (s) within the proposed EIR study area, expressed his feeling that this is not a focused EIR and should be, noting the cost proposals range up to $60 ,000; he requested that the study be limited in scope to only those areas requested to be included within the Urban Service Line. Judy Young, owner of (7) parcels within the proposed EIR study area, spoke in favor of a reduction in the size of the study area; she noted that there were more people originally interested in assisting to pay for the EIR, and now only three property owners remain to foot the bill. There are no longer any applicants interested in sewer service from Viejo Camino. John Kunz, owner of trailer park on Viejo Camino, suggested Council write each property owner and ask if they' re interested in participat- ing in the cost of the EIR. MOTION: By Councilwoman Borgeson that Council endorse the EIR study area reflected in Exhibit D of staff report, seconded by Mayor Mackey; passed 3 :1, with Councilwoman Norris opposed and Councilman Handshy absent. C. NEW BUSINESS 1. Resolution 39-87 - Authorization for Public Works Director and City Manager to Execute Certificates of Acceptance for Real Estate on Behalf of the City of Atascadero Mr. Jorgensen, City Atty. , briefly summarized this item, with added comments from Mr. Sensibaugh, Pub. Works Director. 5 MOTION: By Councilwoman Borgeson to approve Res. No. 39-87, second by Councilman Bourbeau; passed by 4:0 roll-call, with Cou cilman Handshy absent. 2. Resolution 31-87 - Declaring Weeds a Nuisance and Approval for Weed Abatement Procedures to Commence Mike Hicks, Fire Chief, gave staff report. Public Comment Jaime Lopez-Balbontin, resident, noted that the bill for abating weeds on his property increased 1,000% last year , which he feels is exces- sive, and he feels the billing to the City should be policed. He also expressed frustration at trying to have a satisfactory discussion with an appropriate City official over the matter. Chief Hicks responded that he anticipates further increases, and he is not opposed to them, noting that clearing weeds is not the City' s order of business but property owners' responsibility. MOTION: By Councilwoman Norris to approve Res. No. 31-87 , seconded by Councilman Bourbeau; passed by 4:O roll-call, with Councilman Handshy absent. *3. (*Item A-7, pulled from Consent Calendar) Authorization for Mayor to Enter into Agreement with Bruce Walk Consultants - Administration Building Fourth Floor Rotunda Room Acoustics and Sound Reinforcement System Improvements Public Comment Sarah Gronstrand asked if the budget appropriation of $26,000 is the result of competitive bidding; Mr. Sensibaugh summarized the total improvements included in that amount, noting informal bid procedures take place for projects under $15,000 . Formal bidding procedures would be utilized should the project, as a whole, go to bid. A deci- sion will be made after the consultant determines a final estimate for improvements. Jaime Lopez-Balbontin suggested a speaker face the dais to improve the sound for Council and Planning Commission; Mr . Shelton, City Mgr . , responded that a professional acoustical engineer will direct where speakers would best be placed. Sharon Morin asked if there are any guarantees that the money spent will really fix the acoustics; Mr . Sensibaugh responded that acoustic- al studies have been done and indicate that the sound can be improved, and that is staff's intent. Mildred Copelan, Planning Commissioner, agreed with Mr. Lopez-Balbo� tin that it is very difficult to hear well when seated behind t dais. 6 Mrs.- Gronstrand spoke again, suggesting that the Jr. High Prather Bldg. be utilized for public meetings; Mr. Shelton, City Mgr. , summar- ized other alternative meeting places which have been explored, noting that the problem with the Prather Bldg. is that the educational needs of the school must take precedence. Paul Rose, resident, noted the Rotunda acoustics has been an ongoing problem since the City began. Further discussion ensued between Council and staff regarding the pro- posed expenditures for improvements. MOTION: By Councilwoman Norris to approve Item A-7 (C-3) ; motion died for lack of a second. MOTION: By Councilwoman Borgeson to continue this item for 30 days, seconded by Councilwoman Norris; passed unanimously, with Councilman Handshy absent. *4. (*Item A-12, pulled from Consent Calendar) Approval of Tentative Tract Map 21-86 - Lots 1, 2, and 4-8 of PM 28-30 (Santa Lucia & Lomitas Roads) - Subdivision of 6 Existing Lots totaling 119.6 Acres into 22 Lots Varying from 26.3 Acres to 3.1 Acres Mr. Engen, Commun. Devel. Director, gave staff report. Public Comment Donald Hughes, 7005 Lomitas, noted he was not aware of the Planning Commission hearings as his lot is outside of the 300 ' legal noticing radius. Expressing various concerns, he requested that a decision be delayed until such time as the residents affected have the opportunity to study the report and make input; he doubts that many residents know much about this proposal. Mr. Engen responded to some of Mr. Hughes' s concerns. Mr. Jorgensen, City Atty. , suggested Council continue this item to their meeting of 5/26, and he requested that Mr. Hughes submit a list of names (to Mr. Engen) of property owners who he believes wish to be notified of public hearing. Bob Tartaglia, applicant' s engineer, noted that this application was submitted last July 7th, and he addressed some of the concerns ex- pressed. Bill Ray, resident on Lomitas, noted he is not opposed to the project but is concerned about increased density in view of current traffic situation and affect on drainage conditions. George Molfino, 6790 Lomitas, -noted that some trees have already been removed. He expressed he is presently neither for nor against the proposal, but wants to research the issues further. 7 9 • Council and staff discussion ensued. Mayor Mackey suggested th0 Planning staff post notice of pending development hearing on prope ties at time of lot inspection. MOTION: By Councilwoman Borgeson to continue this item to the 5/26/87 Council meeting, seconded by Councilman Bourbeau; passed un- animously with Councilman Handshy absent. *5. (*Item A-13, pulled from Consent Calendar) Approval of Tentative Parcel Map 3-87 - 9005 Atascadero Ave. - Subdivision of .93 Acre Parcel into two .46 Acre Lots - Shultz/ Baumberger Mr. Engen, Commun. Devel. Director, gave staff report. Councilwoman Borgeson asked if the issue of sidewalks was resolved; Mr. Engen re- sponded that revised Cond. of Approval #11 addresses that concern. , Public Comment Tom Baumberger, owner 's engineer , asked if the issue of sidewalks can be handled by placing a note on the final parcel map stating that, at time sidewalks are placed, the owner will enter into an agreement. Mr. Sensibaugh pointed out that it' s also a matter of security to ac- tually achieve obtainment of sidewalks at time of development. Mr. Jorgensen, City Atty. , suggested this item be continued to t next Council meeting so this issue can be worked out, either throu bonding or some specific contribution for sidewalks. Dennis Lockridge, 8935 Atascadero Ave. , spoke in support of requiring sidewalk installation at time of lot split (s) and passing the cost along to the property/home purchaser to be financed over 30 years. Mr. Engen spoke in support of Mr. Sensibaugh' s suggestion of estab- lishing a sinking `fund (from monies collected at time of lot split) for future construction at such time as the City and school staff have coordinated to determine where they are most needed. John Falkenstien, Cuesta Engin. , representing Mr. Hawkins (see Item A-14) proposed that his client is more than willing to pay a fair share of the cost for sidewalks; he requested the sidewalk condition read that they are willing to work this out with staff in lieu of a continuance. MOTION: By Councilwoman Norris to continue this item to the 5/12/87 meeting , seconded by Councilwoman Borgeson; passed unanimous- ly, with Councilman Handshy absent. *6. (*Item A-14, pulled from Consent Calendar) Approval of Tentative - Tract Map 4-87 9240 Atascadero Av Subdivision of 4.93 Acre Parcel into ten 20 ,100-24,720 sq. f dots - Hawkins/Cuesta Engineering 8 Mr. Engen, Commun. Devel. Director, gave staff report. Public Comment John Falkenstien, representing Mr. Hawkins, reviewed the history of this application. He spoke in support of Council approval of this map and proposed subdivision. Mr. Jorgensen, City Atty. , stated that he believes the proposed map does meet the letter of the law as far as the 20,000 sq. ft. minimum being within one property ownership; however, he asked if it was the Council' s desire to allow 20, 000 sq. ft. lots where a considerable portion of each lot might be effectively unusable because it is within road right-of-ways. He noted that staff will be bringing a recommen- dation before Council that the 20 ,000 sq. ft. standard be amended to include those areas exclusive of road right-of-ways, which will solve the problem for the future. Further related discussion ensued. Mr. Engen referenced an earlier exhibit which accompanied the General Plan amendment indicating a 10- lot development. Council consented to urge that staff amend the zon- ing text, possibly by urgency ordinance, to address the issue of gross acreage vs. net acreage. Mr. Engen responded that he would consult with the City Atty. for alternatives and report back to Council. MOTION: By Councilwoman Norris to approve TTM 4-87 , seconded by May- or Mackey; Mr. Jorgensen advised that the Council direct that specific language be included to identify what the contribu- tion for sidewalks would be, treating this item consistently with the prior item. Mayor Mackey withdrew her second, and the motion died. MOTION: By Councilwoman Norris to approve TTM 4-87, subject to nego- tiation of a contribution for sidewalks to be brought back at at the 5/12%87 meeting, seconded by Mayor Mackey; passed 3 :1, with Councilwoman Borgeson opposed. MOTION: By Councilwoman Norris to continue meeting past 11:00 p.m. , seconded by Councilman Bourbeau; passed unanimously. *7. (*Item A-15 , pulled from Consent Calendar) Approval of Tentative Parcel Map 5-87 —8925 Atascadero Ave. - Subdivision of 1.66 Acre Parcel into 3 Lots of .5, .5 & .66 Acres Each - Fisher Mr. Engen, Commun. Devel. Director, gave staff report. Public Comment Robert Fisher, applicant, disputed neighbors claims of flooding and drainage problems; he thinks the conditions listed in the staff report address any problems, urging approval of his application. 9 • i Dennis Lockridge, 8935 Atascadero Ave. , expressed strong opposition this project, mainly due to site suitability, drainage deficienci and flag lot development. He expressed concern regarding potential emergency access issues as well as driveway maintenance responsibili- ties. Mr. Engen responded to concerns expressed, reviewing related Conditions of Approval in agenda packet. MOTION: By Councilwoman Borgeson to deny TPM 5-87; motion died for lack of a second. Council discussion ensued regarding whether a two-way split would be acceptable to both Council and the applicant. Mr. Jorgensen, City Atty. , recommended a continuance of this item in order to allow staff to work with the applicant and establish findings for a possible two- way split. MOTION: By Councilman Bourbeau to continue TPM 5-87, directing staff to negotiate with the applicant with the intent to split the property two ways, rather than three, and come up with an acceptable emergency vehicle turnaround. Motion seconded by Councilwoman Norris; passed unanimously, with Councilman Handshy absent. MOTION: By Councilman Bourbeau to recess as Council and convene as the Atas. County Sanitation District, seconded by Council- woman Borgeson; passed unanimously. D. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) **Mr. Sensibaugh, Pub. Works Director, suggested Items D-2 & 4 be ad- dressed prior to Items 1 & 3 in consideration of the applicants/ representatives- being present; the Board consented. **2. Assessment District #3 (Marchant Way) — Funding change Order Re- quest for Excavation (West Coast Tank and Pipe Company) Mr. Sensibaugh, Pub. Works Director, gave staff report. He introduced John Falkenstien, the Project Engineer, present to respond to ques- tions. Public Comment Gary Carripo, W. Coast Tank & Pipe, addressed reasons for this change order request, reviewing the history of events evolving around their agreement with the City. He noted that what is being requested is a fair and equitable amount (some compromise between staff' s proposed $5,870 and W. Coast' s requested $35,330 .50) so W. Coast can recoup its costs. Discussion between Council and staff ensued on the issue of liquidated damages. 10 • 0 MOTION: By Councilwoman Borgeson that the Board award a net change order of $5,800 over the original contract amount and to deny the request for $35 ,330.50 , seconded by Councilman Bourbeau; Tim Selby, Pres. , W. Coast Tank, expressed he feels they are being chastised on their negotiated agreement with the City, which was based on ideal conditions, noting conditions proved not to be ideal; he urged the Board to give them consideration in the interest of fair- ness. Further discussion ensued. The motion on the floor failed by 2:2 roll-call, with Direc- tor Norris and Chairman Mackey opposed, and Director Handshy absent. MOTION: By Councilwoman Borgeson for approval, over contract by a total amount of $10,770 (encompassing staff' s recommended $5,870 over contract amount + $4,900 in liquidated damages) for a total final amount of $127,770. Motion seconded by Chairman Mackey; passed by 3:1 roll-call, with Director Nor- ris opposed and Director Handshy absent. **4. Appeal of Sewer Annexation Fee Requirement - 7620 Santa Ynez - Kelly Mr. Sensibaugh, Pub. Works Director, gave staff report. Public Comment Terry Kelly, appellant, spoke in support of this appeal; he noted having no objection to hooking up to sewer, asking only that the an- nexation fee be waived. Lengthy discussed ensued between staff and the Board regarding prior and current ordinance language addressing fees required for sewer ser- vice. MOTION: By Director Borgeson that the Board deny this appeal for payment of the sewer annexation fee requested by Mr. & Mrs. Kelly, seconded by Director Bourbeau; failed by 2:2 roll- call, with Director Norris and Chairman Mackey opposed and Director Handshy absent. MOTION: By Director Borgeson that the Board deny the appeal of pay- ment for the sewer annexation fee as requested by Mr. & Mrs. Kelly, seconded by Director Bourbeau; passed by 3:1 roll- call, with Director Norris opposed and Director Handshy absent. **1. Authorization for Public Works Director to Solicit Bids for In- flow and Infiltration Analysis Project to the Wastewater Treat- ment Plant 11 • • Mr. -Shelton, City Mgr. , suggested the Board continue this item their next meeting; the Board concurred. **3. Appeal of Sewer Annexation Fee Revised Requirement - 10705 El Camino Real (Casa Camino Apartments) - Messer Mr. Jorgensen, City Atty. , noted a letter from Atty. Glen R. Lewis on behalf of Mr. Messer, and he recommended the Board continue this item to 5/12/87; the Board concurred. MOTION: By Director Norris to adjourn as ACSD Board and reconvene as City Council; passed unanimously. E. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Committee Appointments postponed to next meeting. Public Works Director - Mr. Sensibaugh announced that staff will be obtaining a program either this Thurs. or next Tues. to eliminate the sludge problem at the w/w treatment plant; some residents might have odor complaints. The RWQCB has given permission for the City to dump the sludge into the temporary drying beds. MEETING ADJOURNED AT 12:50 P.M. MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk MINUTES PREPARED BY: CINDY WILKINS, Deputy City Clerk 12 ATASCADERO CITY COUNCIL • MINUTES Special Meeting - April 15 , 1987 Atascadero Administration Building The special Council meeting commenced at 9 :00 a.m. Interviews of ap- plicants to Council vacancy were held throughout the day according to the attached schedule. ROLL-CALL Present: Councilmembers Borgeson, Handshy, Norris and Mayor Mackey Absent: None STAFF David Jorgensen, Administrative Services Director ; Boyd Sharitz , City Clerk (present for p.m. interviews) ; Cindy Wilkins, Deputy City Clerk (present for a.m. and most of p.m. interviews) COUNCIL RECESSED AFTER THE FINAL INTERVIEW (APPROX. 3:40 P.M. ) . MAYOR MACKEY CALLED THE MEETING BACK TO ORDER AT 4 :30 P.M. Staff Present: Bud McHale, Police Chief/Acting City Manager; David Jorgensen, Administrative Services Director ; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk Mayor Mackey announced that interviews were held throughout the day, and she encouraged unsuccessful candidates to run in the next munici- pal election (June ' 88) . Members of the audience were invited to lobby, if desired, on behalf of applicants. There was no public comment. Council proceeded with ballot/selection process. After the third round of voting, City Clerk , Boyd Sharitz , announced that candidate ,Charles Bourbeau had received 3 votes, constituting a majority. MOTION: By Councilman Handshy to adopt Res. No. 33-87, appointing Charles E. Bourbeau to fill the unexpired term vacated by George Molina, seconded by Councilwoman Norris; passed unanimously (4:0) by roll-call. Mr. Sharitz administered the standard Oath of Office to Mr . Bourbeau. Councilman Bourbeau thanked the City Council for their confidence in him. 1 MEETING ADJOURNED AT 4 :45 P.M. Attachment Note: Interviews and the selection process were recorded; three tapes are on file in the City Clerk' s Office. MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk MINUTES PREPARED BY: lam, CINDY WILKINS, Deputy City Clerk 2 j IuF MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager C" FROM: PaulS 'baugh, Director of Public Works SUBJECT: Sale of Surplus Bus DATE: May 5 , 1987 Recommendation : Staff recommends that Council authorize the sale of the surplus bus to Mr . Paul J. Torba of San Luis Obispo . Background: Council has previously declared this 1979 Dodge Dial-A-Ride bus surplus and authorized staff to advertise it for sale . The sale was advertised with a minimum bid of $1800, however, there was no response. Subsequently, Mr . Torba contacted this office, inspected the bus and submitted an offer of $1500 . Discussion : We are recommending that Council accept Mr. Torba' s offer of $1500 as a fair and reasonable price for a bus of this age and condition . Fiscal Impact : If Council authorizes the sale the City will receive $1500 . • j 1 G'MNDA M E M O R A N D U M • TO: CITY MANAGER MIKE SHELTON AND COUNCIL MEMBERS FROM: CHIEF OF POLICE ; - I SUBJECT: SALE OF UNCLAIMED PROPERTY (ITEM FOR COUNCIL CONSENT CALENDAR MAY 12, 1987) DATE: APRIL 22, 1987 RECOMMENDATION: Authorize the police department to offer for public sale at 10 :30 am. , Saturday, May 16 , 1987, lost and unclaimed property (primarily bicycles) in keeping with all applicable Civil and Government Code procedures . COUNCIL ACTION REQUESTED: By motion, authorize the sale of unclaimed property as indicated above. BACKGROUND: • At the present time, the police department has a large accumulation of property which may now be disposed of within the guidelines of the law. As we have not had a property sale for approximately one year, our property/evidence room is overflowing. The police department will coordinate the sale as was the case previously (to be held in the Sunken Gardens in conjunction with the Crime Prevention Fair) , and we will enlist clerical assistance from our finance department. FISCAL IMPACT: This sale will be conducted within existing financial constraints , and the City will obtain revenue from the proceeds . RICHARD H. McHALE RHM: sb cc: Dave Jorgensen, Admin. Svcs . Dir. Lt . Hazelton and W. C. ' s • S. S .A. Harthoorn BOL Board Dispatch LOST 31O6f -ND GOODS � § 2080.3 Pt. 4 Notes of Decisions 1. In general crime, where police could have obtained im- Warrantless search of jacket pockets and mediate custody of jacket by having it • bindle found to contain marijuana could not turned over to them as lost property and be justified on ground that defendant would defendant could have been detained long have destroyed evidence which linked him enough to question him about relationship with jacket and police would have lost both to jacket. People v. Hawkins (1969)78 Cal. criminal and evidence connecting criminal to Rptr. 286, 273 C.A.2d 529. § 2080.2. Restoration to owner If the owner appears within 90 days, after receipt of the property by the police department or sheriff's department, proves his ownership of the property, and pays all reasonable charges, the police department or sheriff's department shall restore the property to him. (Added by Stats.1967, e. 1512, p. 3601, § 3.) Historical Note Former§ 2080.2, added by Stats. 1951, c. Derivation: Former § 1866, enacted 656, p. 1866,§ 2,amended by Stats. 1953,c. 1872. 602, p. 1847, § 2, relating to the appoint- ment of appraisers, was repealed by Stats. 1967, c. 1512, p. 3601, § 2. 656, p. 1867, § 2. § 2080.3. Advertisement; payment of cost; vesting of title in finder (a) If the reported value of the property is fifty dollars ($50) or more and no owner appears and proves his ownership of the property within 90 days,the police department or sheriff's department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his ownership of the property and • the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff's department caused the notice to be published. (b) If the reported value of the property is less than fifty dollars ($50) and no owner appears and proves his ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. (Added by Stats.1967, c. 1512, p. 3601, § 3. Amended by Stats.1970, c. 260, p. 524, § 1; Stats.1971, c. 1254, p. 2465, § 1; Stats.1977, e. 250, p. 1136, § 1.) 425 • § 2080.3 0 LOST AND UNCLAIi110' \.OPFIZTY Div. 3 Historical Note The 1970 amendment provided that title Former § 2080.3, added by Stats.1951, c. shall vest if no owner appears "and the 656, p. 1866, § 2, amended by Stats.1953, person who found or saved the property 602, p. 1847, § 3, relating to valuation and pays the cost of such publication"; and description lists by appraisers,was repealed added the last sentence in the first para- by Stats.1967, c. 1512, p. 3601, § 2. graph. The 1971 amendment added subd. (a)des- Derivation: Former § 1871, enacted ignation; required reported value of$25 or 1872, amended by Stats.1905, c. 453, p. 614, more (now $50 or more; see 1977 amend- § 2. ment note)in subd.(a); and added subd.M. Former§§ 2080.5,2080.6,added by Stats. The 1977 amendment increased the mon, 1951, c. 656, p. 1867, § 2. ey amount from $25 to $50 in two places. Forms See West's California Code Forms, Civil. § 2080.4. Local regulations Notwithstanding the provisions of Section 2080.3 or Section 2080.6, the legislative body of any city, city and county, or county may provide by ordinance for the care, restitution, sale or destruction of unclaimed property in the possession of the police department of such city or city and county or of the sheriff of such county., Any city, city and county, or county adopting such an ordinance shall provide therein (1) that such unclaimed property shall be held by the police department or sheriff for a period of at least three months, and (2) that thereafter such property will be sold at public auction to the highest bidder, with notice of such sale being given by the chief of police or sheriff at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county, or that thereafter such property will be transferred to the local government purchasing and stores agency or other similar agency for sale to the public at public auction. If such property is transferred to a county purchasing agent it may be sold in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of,Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If property is transferred to the local government purchasing and stores agency or other similar agency pursuant to this section, such property shall not be redeemable by the owner or other person entitled to possession. If the local government purchasing and stores agency or other similar agency determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the agency and need not be sold. (Added by Stats.1967, c. 1512, p. 3601, § 3. Amended by Stats.1969, c. 857, p. 1689, § 1; Stats.1983, c. 878, § 1.) 426 LOST 110* A. -, GOODS 10 � 2080.6 Pt. 4 Historical Note The 1969 amendment inserted the third 602, p. 1847, § 4, relating to the filing, sentence and added the fifth sentence. recording and posting of valuation and de- The 1983 amendment in the second sen- scription lists by the judge,was repealed by tence deleted "except unclaimed bicycles," following "unclaimed property", and delet- Stats.1967, c. 1512, p. 3601, § 2. ed "four months and that unclaimed biev- Derivation: Former § 1873, added by cies shall be held for a period of at least" Stats.1947, c. 893, p. 2091, § 1,amended by preceding "three months". Stats.1951,c. 159, P. 410, § 1; Stats.1963,c. Former § 2080.4, added by Stats.1951, C. 470, p. 1325, § 1. 656, p. 1866, § 2, amended by Stats.1953, c. Forms See West's California Code Forms, Civil. § 2080.5. Authority to sell The police department or sheriff's department may sell such property by public auction, in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject Of sale, when the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the lawful charges provided by Sections 2080 and 2080.1, in the following cases: (1) When the thing is in danger of perishing, or of losing the greater part of its value; or, (2) When the lawful charges provided by Sections 2080 and 2080.1 amount to two-thirds of its value. (Added by Stats.1967, c. 1512, p. 3601, § 3.) Historical Note Former § 2080.5, added by Stats.1951, c. Derivation: Former§§ 1869, 1870, enact- 656, p. 1867,§ 2, relating to the vesting of ed 1872. property having a value under $20 in the Former § 1873, added by Stats.1947, c. finder, was repealed by Stats.1967, c. 1512, 893, p. 2091, § 1, amended by Stats.1951, c. p. 3601, § 2. See, now, § 2080,$, 159, p. 410, § 1. § 2080.6. Public agency; adoption of regulations Any public agency may elect to be governed by the provisions of this article with respect to disposition of personal property found or saved on property subject to its jurisdiction, or may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession. Any public agency adopting such regulations shall provide therein (1) that such unclaimed property shall be held by such agency for a period of at least three months, (2) that thereafter such property will be sold at public auction to the highest bidder, and (3) that notice of such sale shall be given by the chief administrative officer of such agency at 10 Cal.Code-t 5 427 § 2080.6 • '-.� LOST AND UNCLAIM6 I -JPERTY ` least five days before thetime fixed therefor b Div. 3 once in a newspaper of general circulation published in the county in which such property was found. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the public agency. In a county having a purchasing agent, the purchasing agent may conduct such sale, in which case the provisions of subdivisions (2) and (3) of this section shall not be applicable. Such sale shall be made by the county purchasing agent in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If the public agency determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the agency and need not be sold. (Added by Stats.1967, c. 1512, p. 3601, § 3. Amended by Stats.1969, e. 857, p. 1690, § 2.) Historical Note The 1969 amendment added the fourth, property leaving a value over $20 in the fifth, and sixth sentences. Former § 2080.6, added by Stats.1951, c• finder, was repealed by Stats.1967, c. 1512, 656, p. 1867, § 2, relating to the vesting of p. 3601, § 2. See, now, § 2080.3. Forms See West's California Code Forms, Civil. § 2080.7. Abandoned property The provisions of this article have no application to things which have been intentionally abandoned by their owner. (Added by Stats.1967, c. 1512, p. 3601, § 3.) Historical Note Former § 2080.7, added by Stats.1951, c. Stats.1967, c. 1512, p. 3601, § 2. See, now, 656, p. 1867, § 2, relating to the restoration § 2080.2. of the property to the owner or right of Derivation: Former § 1872, enacted in action for its restoration, was repealed by 1872. Forms See west's California Code Forms, Civil. Notes of Decisions I. Construction and application Abandonment must be voluntary act of Former § 1864 et seq. dealt only with things "lost" and had no application to owner. Alberti v. Jubb (1928) 267 P. 1085 things which had been intentionally aban- 204 C. 325, doned by their owners, and hence were in- applicable in determining ownership of ring 428 M -iL a MEMORANDUM TO: City Council THROUGH: Mike Shelton , City Manager FROM: Paul M. Sensibaugh, Director of Public Works SUBJECT Purchase of Tractor - Street Division DATE: May 6, 1987 Recommendation : Staff recommends that Council award the bid for the purchase of a new tractor to Ryan Equipment , Santa Maria, Ca . Background: On January 26, 1987 Council authorized staff to advertise for bids for the purchase of a new Backhoe- Tractor for the Street Division. Bids were received on May 4th and the results are as follows : Ryan Equipment $31 ,272 . 65 *Lougee Michael 31 , 096 . 16 *Cal Coast Machine 29, 109 . 64 *The equipment submitted by these companies does not meet the bid specifications . Discussion : Technically, Ryan Equipment is the sole bidder for the equipment specified. The machinery bid by the other two companies is smaller and lighter - duty than what is required Fiscal Impact The 1986/87 Street Division Budget allocates $35 ,000 for a new Backhoe-Tractor . • i ANG AGINDA DATA HEM# P R O C L A M A T I O N ZOO AND AQUARIUM MONTH June, 1987 WHEREAS, the Zoological Parks and Aquariums of North America provide a vital link to global wildlife conservation efforts; and WHEREAS, they are committed to preserving genetic diversity and conserving species through cooperation with zoological institutions around the world; and WHEREAS, the zoos and aquariums of North America provide unique cultural and recreational experiences for over 115,000,000 people each year; and WHEREAS, their commitment to education enriches and expands the conservation awareness of over 20 million school children each year; and • WHEREAS, they have become the modern ark creating safe havens for vanishing species; and WHEREAS, zoos and aquariums save the needs of both humans and wildlife by bringing people and animals together and therefore contributing to awareness, understanding, caring and commitment. THEREFORE, be it resolved that I, Marjorie R. Mackey, Mayor of the City of Atasca,dero proclaim the month of June, 1987 as Zoo and Aquarium Month. i 'MARJ/0,RIE R. MACKEY ., �. MayQX May 12, 1987 wj M E M O R A N D U M • April 28 , 1987 To : City Council Via: Mike Shelton, City Manager ,, From: Bob Best , Parks and Recreation Director- ] Subject : Award of Playsystem Bid INTRODUCTION On March 24th the Parks and Recreation Department was authorized to soli- cit bids for the Playsystem at Paloma Creek Park. This process has been completed with the opening of sealed bids on April 20 , 1987 . BACKGROUND As discussed in my memo to Council on March 18th, a total of $33 ,644 was authorized by Council on March 10 from Revenue Sharing Funds . This made up for the shortfall in development fee money originally approved in the FY 1986-87 Budget . Plans for these funds included purchase and installa- • ion of playground equipment , development of the playground area, and _;urchase of additional site amenities (picnic facilities , benches ) . The play unit specified in the bid package was a large multi-purpose play- system, and will be the centerpiece of the playground area. The play- system drawing is attached for your information. BID RESULTS A total of four bids were received. Prices listed include the playsystem, installation , tax, and shipping. Summary of bids : Iron Mountain Forge $12 ,981 . 15 Van Nuys , CA Hanson Associates $15 , 515 . 00 Santa Ana, CA Jenco $19 ,171 . 00* Santa Maria *Bid package incomplete -- did not submit detailed specifications and materials to thoroughly identify the playsystem described on the bid as required. Miracle Recreation Equipment Company $19 , 356 . 53 •Nresno , CA -2- EVALUATION OF BIDS Of the four bids received, only Miracle Recreation Equi1: Ott (-gym ZT met • or equaled our specifications . The following observatif,„%ss wr ml by myself and the Public Works Director: 1 ) City specifications called for deck heights of 96” , 391'x, "'„ '"„ and 36" . Iron Mountain and Hanson Associates submitted t1dL wi } mubstan- tially shorter decks . This is a key factor , as all equdipmcoruit zpeclfied by Miracle is larger and, thus , more expensive . For ex= .e�, a spiral slide coming off an 8 ' deck is more expensive than ome :gi g (? ff a deck which is only 80" high. The same can be said of gall- o)d-itex.m pieces of equipment included in the playsystem. This is a .z price difference. Neither Iron Mountain Forge nor Hanson Asia -c mit (car equalled City specifications in this area. 2) A 16 ' wave slide ( stainless steel sliding surface) was. spae,,If'i.eedl. Again, only Miracle met the specifications , as IMF Nftndit,- n) and Hanson bid straight slides only with a length of 12 '_ 3) A 10 ' canopy slide was specified. IMF and and Hanson" bt21, ani sliLdes which are 8 ' and 7 ' ; respectively. 4) As mentioned in item 1) above , a whirlwind slide witli ai, staa,inflLess steel sliding surface was specified. IMF and Hanson Associate . b., id' a- poly- ethelene slide off decks of 80" and 70" , respectivel)T-1 Other comparisons can be made , but it is the conclusion tD�f,` ;?i i?' thiat on1e Miracle was responsive to the bid as specified in the bl& pack.a�ge_, As a result , all other bids did not meet or equal the specif,(.c 1't-ay s?.. Yhe re- sult was substantially lower bids by IMF and Hanson ASaoxcia+t �., RECOMMENDATION Staff recommends awarding the bid to Miracle Receration Iqu.,iymenit, C; an for $19 , 356 . 53 . ALTERNATIVES 1) Reject all bids and re-bid after developing revised pcic� :ias. As our original budget estimate for this playsystem wit1. izna11 :on was $20 ,000, the City may be criticized for changing the sp )ziiftick;-attjions after the bid process was completed. FISCAL IMPACT The bid of $19 , 356. 53 is within budget estimates , and ass, ea r fi r will be paid for by Revenue Sharing funds approved by • ty 1 Q = Ab qu IQ IL n 0 - W o o - h r Q � DRi •J r lC / 4 LA �, i V sv Q 4 V 3 � -i IV Q N Q •i ., �2 • M E M O R A N D U M TO: City Council THROUGH: Mike Shelton , City Manager FROM: Paul M S nsibaugh, Director of Public Works SUBJECT Resolution Changing an Existing Loading Zone to 2 Hour Parking DATE: May 4 , 1987 Recommendation: The Traffic Committee recommends that Council adopt the attached Resolution . Background: There is an existing loading zone on Traffic Way just east of E1 Camino Real that was used by Dial-A-Ride to pick- up and drop off residents of the Carlton Hotel . With the closure of the Hotel facilities there is no longer a need for this zone and it is proposed to change the parking to a 2 Hour limit to conform with the current posting in that area . Fiscal Impact : The cost of this revision will be approximately $100 and will be paid out of the street fund. RESOLUTION NO. 41-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A 2 HOUR PARKING ZONE IN AN AREA PREVIOUSLY DESIGNATED AS A LOADING ZONE ON TRAFFIC WAY, EAST OF EL CAMINO REAL WHEREAS, Section 4-2 . 1101 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of 2 Hour Parking zones , and .to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic Committee has recommended 2 Hour Parking on Traffic Way just east of El Camino Real in an area previously designated as a loading zone for the Carlton Hotel ; NOW THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a 2 Hour Parking zone on Traffic Way, east of E1 Camino Real . On Motion by ,and seconded by ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES; NOES; ABSENT : ADOPTED: ATTEST : BOYD C . SHARITZ, City Clerk MARJORIE R. MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer ME U AG-NDA D M E M O R A N D U M TO: City Council THROUGH: Mike Shelton, City Manager , FROM: Paul Sen ugh, Director of Public Works SUBJECT: Resolution Establishing a Stop Intersection on Old Santa Rosa Road and West Front DATE: May 4 , 1987 Recommendation : The Traffic Committee recommends that Council adopt the attached Resolution establishing a Stop intersection on • Old Santa Rosa Road at the intersection of West Front . Background: The Traffic Committee received a request to investigate the possibility of creating a Stop intersection at the subject location . The site was observed by the Committee members and it was determined that the creating of a Stop Intersection would improve the safety of this location . Fiscal Impact : The cost to the City is approximately $75 to be paid out of the street funds . • • RESOLUTION NO. 40-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON OLD SANTA ROSA ROAD AT THE INTERSECTION WITH WEST FRONT WHEREAS, Section 4-3 . 801 et seq, of the Atascadero Municipal Code allows the City Traffic Engineer to deterine the location of STOP intersections , and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic Committee has recommended that establishing a STOP intersection on Old Santa Rosa at the intersection with West Front will alleviate a hazardous traffic condition; NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and • maintain appropriate signs or markings indicating a STOP intersection at the location listed above . On motion by , and seconded by ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT : ADOPTED: ATTEST : BOYD C . SHARTIZ, City Clerk MARJORIE R. MACKEY ,Mayor APPROVED AS TO FORM: 4 APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH • City Attorney Director of Public Works City Engineer DATZ �S /2 • M E M O R A N D U M TO: City Council THROUGH: Mike Shelton , City Manager ,] FROM: Paul Sensibaugh, Director of Public Works SUBJECT Resolution Establishing Stop Sign at Llano and Santa Lucia DATE: May 4 , 1987 Recommendation: The Traffic Committee recommends that Council adopt the attached Resolution establishing a Stop intersection on Llano Road at the intersection with Santa Lucia . Backgrounds The Traffic Committee has received a number of requests from residents in the Llano Road area to install a stop sign at this location . The site has been observed by the committee and a stop intersection determined to be appropriate . Fiscal Impact : The cost to the City is approximately $75 to be paid out of the 1986/87 budget . • RESOLUTION NO. 42-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON LLANO ROAD AT THE INTERSECTION WITH SANTA LUCIA WHEREAS, Section 4-3 . 801 et seq, of the Atascadero Municipal Code allows the City Traffic Engineer to deterine the location of STOP intersections , and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic Committee has recommended that establishing a STOP intersection on Llano Road at the intersection with Santa Lucia will alleviate a hazardous traffic condition; NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by , and seconded by ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT : ADOPTED: ATTEST : BOYD C . SHARTIZ, City Clerk MARJORIE R. MACKEY,Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works City Engineer �""A P R .O C L A M A T I O N "CALIFORNIA TRAFFIC SAFETY WEEK" May 17 - 23, 1987 WHEREAS, traffic collisions are the fourth leading cause of deaths in California; and WHEREAS, at least 92 percent of all injury-producing collisions are attributed to human error; and WHEREAS, many of these collisions and the resulting deaths and injuries could have been prevented; and WHEREAS, public and private institutions, along with concerned individuals can promote traffic safety by increasing • public awareness of safety measures; and WHEREAS, the State of California is observing May 17 through 23, 1987, as California Traffic Safety Week; and WHEREAS, this observance should lead to greater safety on our streets and highways. THEREFORE, I Marjorie R. Mackey, Mayor of the City of Atascadero, proclaim May 17 through 23, 1987, as California Traffic Safety Week. MARJ IE R. MACKEY Mayor May 12, 1987 A.I PA NG 3 A DATE �`� ITEM# M E M O R A N D U M • TO: City Council May 12, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director LAC SUBJECT: Tentative Tract Map 6-87 LOCATION: 8784 Plata Lane (Pt. Lot 4; Blk 7; Atascadero Colony) APPLICANT: George Palmer (Cuesta Engineering) REQUEST: Creation of six (6) industrial air-space condominium units on a 0. 509 acre site. BACKGROUND: At their meeting held April 28, 1987 , the Planning Commission con- ducted a public hearing on the above-referenced subject, recommending . approval of the request subject to the findings and conditions of ap- proval contained in the attached staff report. RECOMMENDATION: Approval subject to the findings and conditions of approval recom- mended by the Planning Commission. HE:ph Attachments: Staff Report, dated 4/21/87 cc: George Palmer Cuesta Engineering i City of Atascadero Item: B. 2 STAFF REPORT FOR: Planning Commission Meeting Date: April 21, 1987 BY: POS teven L. DeCamp, Senior Planner File No: TTM 6-87 Project Address: 8784 Plata Lane (Ptn. Lot 4; Blk 7; Atas. Colony) SUBJECT: Creation of six (6) industrial air-space condominium units on a 0.509 acre site. BACKGROUND: Precise Plan approval for the construction of a 9,000 square foot in- dustrial building on the subject property was approved on February 23, 1984. The building and improvements were constructed . in conformance with that approval. A. SITUATION AND FACTS: . 1. Applicant. . . . . . . . . . . . . . . . . . . . . . . . .George Palmer 2. Representative. . . . . . . . . . . . . . . . . . . .Cuesta Engineering 3. Site Area. . . . . . . .0. 509 acres 4. Zoning. . . . . . . . IP (Industrial Park) 5. Existing Use. . . . . . . . . . . . . . . . . . . . . .Multi-tenant industrial build- ing 6. General Plan Designation. . . . . . . . . .Industrial Park 7. Environmental Status. . . . . . . . . . . . . .Categorically Exempt (Class 1) B ANALYSIS: This application proposes the creation of six (6) industrial air- space condominiums. The project consists of the conversion of an existing multi-tenant structure to individual ownership. Thus, each industrial unit will be individually owned, with parking and other open areas owned in common. Staff Report - TTM6-87 8784 Plata Lane Page Two This project was previously reviewed and approved under the pre- cise plan and building permit processes. All public improvements that would normally be required at the time of tract map approval have been secured as part of these prior approvals. Tentative tract map approval will not effect the imposition of those re- quirements. The conversion of the project to a condominium does not present any substantial planning issues of concern to staff. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Tract Map 6-87 based on the Findings in Exhibit A and the Conditions of Approval in Exhibit B. SLD:ph Attachments: Exhibit A - Location and Zoning Map Exhibit B - Tentative Tract/Parcel Map Exhibit C - Findings for Approval Exhibit D - Conditions of Aproval � Ex►� ►� .T Q 1 CITY ��; .,.. .. . �., OF ATASCADERO t_oc.a-I�iah Za�,�,y .9Ut: � r ` scow COMMUNITY DEVELOPMENT TTM 6-87 ` DEPARTMENT CL 46�� 105 O r- t `0 O S-784 Pt a4;. C T i- Lo � �� °sF°° Roy ,�� ��' o '^ •� cc Z T a \ t �a AD b r, Q CITY r. ��, .,., :.. . . . OF ATASCADERO r h4.7vAv& I v Ae-+ sc�nf COMMUNITY DEVELOPMENT PM �_$-� DEPARTMENT -k o$ l W j��a� f i >>.QOQ yyoQ OOQ� V nC C9 1 e � 1^ •l 1^ N1 R � - � 1 W> �l Q :o r� • 0 EXHIBIT C - Findings for Approval is Tentative Tract Map 6-87 (Palmer/Cuesta Engineering) April 21, 1987 FINDINGS: 1. The creation of these parcels conforms to the Zoning Ordinance and the General Plan. 2. The creation of these parcels is categorically exempt from the provisions of CEQA (Section 15301 (o) ) . 3. The site is physically suitable for the type of development pro- posed. 4. The site is physically suitable for the density of development proposed. 5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife of their habitat. 6. The design of the subdivision and the type of improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to methods of handling and discharge of waste. i • EXHIBIT D - Conditions of Approval Tentative Tract Map 6-87 (Palmer/Cuesta Eng. ) April 21, 1987 CONDITIONS OF APPROVAL: 1. The applicant shall establish Covenants, Conditions, and Restric- tions (CC&Rs) for the regulation of land use, control of nui- sances, architectural control of all buildings, landscape and grounds maintenance, and drainage maintenance. a. These CC&Rs shall be submitted for review and approval by the City Attorney and Community Development Department prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Owners Association. 2. The open space (Lot 1) shall be designated as a Public Utilities Easement. 3. Submit a soils report or engineer ' s certification that existing soils on the site are adequate to support proposed structures per Chapter 70 , Subsection (e) of the Uniform Building Code. 4. All applicable sewer fees shall be paid prior to recording the final map. 5. The existing on-site storm water detention basin may be eliminated and drainage redirected to the street. Proposed design shall be reviewed and approved by the City Engineer. A drainage mitigation fee of $500 .00 (five hundred dollars) to provide for downstream improvements shall be paid if the detention basin is abandoned. 6. All signage on the site shall be brought into conformance with approved plans and the Zoning Ordinance prior to filing the final map. 7. Landscaping as shown on the approved building permit site plan shall be re-established prior to filing the final map. 8. Parking lot striping and the handicaped parking stall shall be re-established prior to filing the final map. - 9. A final map, 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 Lot Division Ordinance prior to recordation. Exhibit D - Conditions of Approval TTM 6-87 (Palmer/Cuesta Engineering) Page Two a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor 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. b. A recently updated preliminary title report shall be sub- mitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 10. Approval of this tentative tract map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. DA !/ �A7I2�1;77 ► � M E M O R A N D U M • TO: City Council May 12, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director k_4� SUBJECT: Tentative Parcel Map 8-87 LOCATION: 8660/8700 Coromar (Lots 33J & 33K; Blk 7 ; AC) APPLICANT: Steve Silberstein/Alphonso Barbieri (Volbrecht Surveys) REQUEST: Subdivision of two (2) parcels containing 1.95 acres into four (4) lots containing approximately 20 , 000 square feet each BACKGROUND: At their meeting held April 28 , 1987 , the Planning Commission con- ducted a public hearing on the .above-referenced subject, recommending approval of the request subject to the findings and conditions of ap- proval contained in the attached staff report. RECOMMENDATION: Approval subject to the findings and conditions of approval recom- mended by the Planning Commission. HE:ph Attachments: Staff Report, dated 4/21/87 cc: Steve Silberstein Alphonso Barbieri Volbrecht Surveys • City of Atascadero Item: g. 3 • STAFF REPORT FOR: Planning Commission Meeting Date: April 21, 1987 BY: A teven L. DeCamp, Senior Planner File No: TPM 8-87 Project Address: 8660/8700 Coromar (Lots 33J & 33K; Blk 7; AC) SUBJECT: Subdivision of two (2) parcels containing 1.95 acres into four (4) lots containing approximately 20, 000 square feet each. BACKGROUND: An application far subdivision of this property, and one adjacent lot, into 0. 5 acre lots was filed in October of 1986 . That proposal could not proceed because of questions regarding minimum lot size determin- ations. A general plan and zoning ordinance amendment allowing for the creation of 20 ,000 square foot lots eliminated those questions and allowed for submittal of the current application. A. SITUATION AND FACTS: • l.. Applicant. . . . . . . . . . . . . . . . . . .Steve Silberstein/Alphonso Barbieri 2. Representative. . . . . . . . . . . . . .Volbrecht Surveys 3. Site Area. . . . . . . . . . . . . . . . . . .1.95 acres 4. Zoning. . . . . . . . . . . . . . . . . . . . . .RSF-X (20,000 sq. ft. minimum lot size) 5. Existing Use. . . . . . . . . . . . . . . .Parcels 1 and 4 - Single family dwellings Parcels 2 and 3 - Vacant 6 . General Plan Designation. . . .High Density Single Family 7. Environmental Status. . . . . . . .Negative Declaration posted April 1, 1987. B. ANALYSIS: The application before the Commission proposes the subdivision of two (2) parcels containing 1.98 acres into four (4) parcels con- taining approximately 20 ,000 square feet each. The property pro- posed for subdivision is located in a RSF-X zoning district. The minimum lot size in this zone is 0 .5 acres without sewers and 20 ,000 square feet where sewers are available. Because each of the proposed parcels will be connected to the sanitary sewer, the 20,000 square foot minimum lot size is applicable. The parcels proposed for subdivision each contain a single family residence. The new lots being created will be located to the rear of these existing dwellings. Access to these parcels will be by a common easement crossing both of the front lots. This driveway arrangement is advantageous because it will reduce by one the num- ber of driveways that could enter Coromar . The ingress/egress easement will also serve as a Public Utilities Easement allowing the rear lots to be connected to the existing utilities in Cor- omar. The area surrounding the affected parcels was the subject of re- cent General Plan and Zoning Ordinance amendments allowing for the establshment of one-half acre and 20,000 square foot lots. The proposal before the Commission is in conformance with the new Gen- eral Plan and Zoning Ordinance provisions. Staff believes that the type and density of development proposed is appropriate for the neighborhood. C. RECOMMENDAION: Staff recommends conditional approval of Tentative Parcel Map 8-87 based on the Findings in Exhibit C and the Conditions of Approval in Exhibit D. SLD:ph Attachments: Exhibit A - Location and Zoning Map Exhibit B - Tentative Parcel Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval � • • ��� : . , � I • 1 + � /;� �. • -. �� � I �1'�� � � i III - '� �'�; - .. - � • ♦ .. • l.►_ ..�' I�� �- � .. �� � � - � , � � �: i � .. - � �i � �� : �� �� �- � � � ��� � " � j ����`iy'�j��X11 ► � �I � ��►� ,�� '� �7 � •. I��1 � � ` ��� � � �� �r � �' ' l " � � , ;� • 1 CITY OF ATASCADERO Ttk% P-A,,ca I tvl a p scan •` COMMUNITY DEVELOPMENT DEPARTMENT TPM 8- el � I Ir It � NJt"t0DUY 4ja*7' ti � :v3•• A 1 '; 1 i 1 1 1 ���/dT'fAJFA/ENl Y 1 1 Z �� �; � ' L ra•.�cctsq� r' aar: �.rJtiaoo- y,�er /\1�i A O 0 � ocean pQ Al n q, V EXHIBIT C - Findings for Approval Tentative Parcel Map 8-87 April 21, 1987 FINDINGS: 1. The creation of these parcels conforms to the Zoning Ordinance and the General Plan. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development pro- posed. 4. The site is physically suitable for the density of development proposed. 5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife of their habitat. 6. The design of the subdivision and the type of improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474.6 of the State Subdivision Map Act as to methods of handling and discharge of waste. EXHIBIT D - Conditions of Approval Tentative Parcel Map 8-87 April 21, 1987 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other buildings or other restrictions related to the easements, they shall be noted on the final map. 3. The accessway to the rear lots shall be constructed to the follow- ing standards: a. 25 foot wide easement b. 16 foot paved traveled way and two foot graded shoulders through Parcel 4 C. 50 foot minimum centerline radius d. City standard turn-around at the end of the access easement at Parcels 2 and 3. 4. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed and a note to this effect shall be placed on the final map. 5. Construct City-standard drive approach to serve each parcel prior to recording the final map. 6. Obtain encroachment permits from the Public Works Department prior to construction of drive approaches and construct improvements as directed by the encroachment permit(s) . 7. Grading, drainage, and erosion control plans, prepared by a regis- tered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to issuance of building permits. 8. The applicant shall acquire and make an irrevocable offer for ded- ication to the City of Atascadero the following rights-of-way for public road purposes or submit proof acceptable to the City Attor- ney that said right-of-way has been previously dedicated for such purposes: a. Street Name: Coromar Road b. Twenty (20) feet from centerline along the entire property frontage. 9. Offers of dedication shall be completed and recorded prior to or simultaneously to recording the final map. Conditions of Approval - TPM 8-87 Page Two 10. Wastewater disposal shall be by connection to the public sewer. 11 Obtain sewer connection permits from the Public Works Department prior to hooking up to sewer. 12. The applicant shall pay sewer connection fees and annexation fees for the additional lots created, in addition to the usual con- nection, tap-in and installation fees prior to filing the final map. 13. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor 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. b. A recently updated preliminary title report shall be sub- mitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 14. Approval of this tentative parcel map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. �+ J ��� `� .N:y,A �2 M E M O R A N D U M TO: City Council May 12, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director 4C-, SUBJECT: Lot Line Adjustment 7-87 LOCATION: 5703/5705 Del Rio Road (Lot 7, Block 22) APPLICANT: Ralph Cropper (Twin Cities Engineering) REQUEST: To adjust the property line between two existing lots of record. BACKGROUND: On April 21, 1987, the Atascadero Planning Commission considered the above-referenced matter on its consent calendar and recommended ap- proval of the lot line request subject to the findings and conditions contained in the attached staff report. RECOMMENDATION: Approval per Planning Commission' s recommendation. HE:ph Attachment: Staff Report, dated 4/21/87 cc: Ralph Cropper Twin Cities Engineering • City of Atascadero Item: q. 2 STAFF REPORT FOR: Planning Commssion Meeting Date: 4/21/87 BY: PPS teven L. DeCamp, Senior Planner File No: LLA 7-87 Project Address: 5703/5705 Del Rio Road (Lot 7 , Block 22) SUBJECT: Request to adjust the property line between two existing lots of record. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . .. . . .Ralph Cropper 2. Representative. . . . . . . . . . . . . . .Twin Cities Engineering 3. Site Area. . . . . . . . . .. . . . . . . . . .Parcel 1 - 1. 36 acre/0.69 acre Parcel 2 - 0. 69 acre/1.36 acre 4. Zoning. . . . . . . . . . . . . . . . . . . . . . .CN (Neighborhood Commercial) 5. Existing Use. . . . . . . . . . . . . . . . .Parcel 1 - single family dwell- . ing and commercial building Parcel 2 - single family dwell. 6. General Plan Designation. . . . .Retail Commercial 7. Environmental Status. . . . . . . . .Categorically Exempt (Class 5) B. ANALYSIS: The property involved in the proposed lot line adjustment is loca- ted in a CN (Neighborhood Commercial) zoning district. Because this property is located outside of the Urban Services Line, mini- mum lot sizes are evaluated based on the Suburban Residential range (2. 5 to 10. 0 acres). Neither of the lots included in this lot line adjustment proposal meet the minimum. standards of the RS zone. Parcel 1, which is located at the intersection of El Camino Real and Del Rio Road, contains a single family dwelling and a large metal commercial building. Parcel 2 contains a single famil dwelling. The single family dwellings are legal, pre-existin nonconforming uses. As a result of the lot line adjustment, both of the single family dwellings will be located on one lot and the commercial building will be isolated on its own parcel. This ap- pears to be a preferable arrangement in that the number of lots with nonconforming uses will be reduced. The proposed lot line adjustment will result in a "swap" in posi- tion of the larger of the two lots. There will be no reduction in size of the resulting lots. This proposal does not appear to pre- sent any substantial planning issues. The proposed map complies with City policies and standards. It should be noted that there will be no requirement for dedication or other improvements along either El Camino Real or Del Rio Road. C. RECOMMENDATION Staff recommends approval of Lot Line Adjustment 7-87 based on the Findings in Exhibit C and the Conditions in Exhibit D. SLD:ps ATTACHMENTS: Exhibit A - Location and Zoning Map Exhibit B - Proposed Lot Line Adjustment Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval Ex�41517 A CITY OF ATASCADERO L oca4mki a"J Zom,Kq 'D COMMUNITY DEVELOPMENT LLA 7- 87 DEPARTMENT P F t " I I IARI RROC RS (F TR AY �� as C a RS s— • S7o3/5705 Dcl F-to ej QED` S s�ti a� C y,Qf /O, 6 4 / H) MPO! / 11 11 1 �1 I IT 8 CITY OF ATASCADERO 14,v, /-i741,Va Loo' Lih¢ 1979-7 COMMUNITY DEVELOPMENT AJju.4kna,h- Map DEPARTMENT LL,a -S7 N to $ a � " No o 3 oo J� ti h• 1�' 4 a y IX EXHIBIT C - Findings for Approval Lot Line Adjustment 7-87 (Cropper/Twin Cities Engineering) April 21, 1987 FINDINGS 1. The application as submitted has been determined to be categori- cally exempt from the requirements of the California Environmental Quality Act. 2. The application as submitted conforms with all applicable zoning, General Plan and subdivision regulations of the City of Atascadero 3 . EXHIBIT D - Conditions of Approval Lot Line Adjustment 7-87 (Cropper/Twin Cities Engineering) April 21, 1987 CONDITIONS OF APPROVAL: 1. The lot line adjustment as generally shown on the map attachment provided herein shall be submitted in final map format or reflec- ted in a record of survey to be approved by the Community Develop- ment Department prior to recordation by the County Recorder ' s Office. 2. The proposed adjusted lot lines shall be surveyed and monuments set at the new property corners prior to recordation of the final map or record of survey. 3. The proposed lot line adjustment shall be drawn to insure that the resultant lots do not deviate from existing lot sizes. 4. If a final map is to be recorded, all existing easements shall be delineated thereon. 5. Approval of this lot line adjustment shall expire two years from the date of approval unless a time extension has been granted pur- suant to a written request prior to the expiration date. M E M O R A N D U M • �I TO: City Council May 12, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development DirectorpA SUBJECT: Acceptance of Final Parcel Map 9-86 - LOCATION: 8971 San Gabriel Road APPLICANT: Craig Warhurst(Robert Tartaglia) BACKGROUND: At their regular meeting held June 23 , 1986 , the Atascadero City Coun- cil conducted a public hearing concerning an appeal of certain condi- tions of approval for the above-referenced parcel map. After consid- erable review and discussion, the Council denied the appeal.. • The parcel map request was approved subject to the findings and condi- tions recommended by the Planning Commission. RECOMMENDATION: The required conditions have been complied with, and the final map is recommended for approval. HE:ph cc: Craig Warhurst Richard Summers Robert Tartaglia • 4NA,, n Gtj V �_ os (nNr% r��d— LA Q 1 4 / /•—__ Y n 17 !A rri 9 44 000 C. ot 41, Q ( 4 / 4A r� o17 s£ 2 a11°� �oA�2 u � 02bA (� u �A�n4 e a FGaao� o "� n�'gZZ f11 a n a�b3GA n 30 rA h i 'A �2 M E M O R A N D U M • TO: City Council May 12, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Acceptance of Final Map 20-84 LOCATION: 5600 West Mall APPLICANT: Dennis Bethel and Associates On April 28, 1986 , the City Council approved Tentative Tract Map 20-84, subject to certain findings and conditions and in concurrence with the recommendations of the Planning Commission. The required findings and conditions have been complied with and the final tract . map is recommended for approval. H/E:ph cc: Dennis Bethel and Associates • i D 4 � al•"' • - r.< r � w .I' ga Ra N� I iNs u LN t' LN 4 .�., IN ul f h/ `, � •, w �Az`, Vii . I � ��e—��— --- / co - U al N \\ c .y -WEST co ION • � 4 � 4 E Y I'll, Q O c i �� D �Y�Y* r O4 Yip - t / M z c ,• m pim Mo 0 •� 3 a ,x '� t _ 0 4 ;_ ? • V r �� �i3°o ia�In z 2 + :77 � a+s i 1 F / �,. , �Xl4(f'�IIF yp t 5 Lour 1 � w l is na s a t y Durran+ ((Lcl13c4 M21 + i - - 'AA, J # � ✓gy.trrr ry .; r'ixr S il' f.- 111 pr< _.::..ea"' 77 r >• s..,:�f.._s..d�e.;•:�i:na.'}�$T; I:..S' 44 ,- 1• _�� 4 I �_ C O/L9 3.f2.3F.p1/Y — Via ws -I `. y n, � 7. • �/ ---- � -=`• '�\ Iii � ;• + i r-'__ ---1—,,� , -• •. - -- _ U � -�r' { _ _�_-^;�" Baa 4 z _ l I. � r ,`—--•— — err..- :I j�--.. - ;{_ i � ��. ai W h�w 40 ® _ ; i M E M O R A N D U M • TO: City Council Mav 12, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Zone Change 1-87: Second Reading of Ordinance No. 151 (9385 Vista Bonita: Robert and Patricia Nimmo/Michael Yeomans) BACKGROUND/RECOMMENDATION: This Ordinance had first reading approval on April 28, 1987 . Recommend approval of Ordinance No. 151, second reading. HE:ph Enclosure: Draft Ordinance No. 151 • • ORDINANCE NO. 151 AN ORDINANCE OF THE COUNCIL OF THE CITY OF • ATASCADERO AMENDING SECTION MAP NUMBER 19 OF OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO AND AMENDING THE OFFICIAL ZONING ORDINANCE TEXT BY REZONING CERTAIN PROPERTY KNOWN AS PORTIONS OF LOTS 6, 7 , AND ALL OF LOTS 10 THROUGH 15 OF TRACT 5 (ATASCADERO) FROM RSF-Z (RESIDENTIAL SINGLE FAMILY - 1 1/2 TO 2 1/2 ACRE MINIMUM LOT SIZE) TO RSF-Z (PD-7) (RESIDENTIAL SINGLE FAMILY WITH A PLANNED DEVELOPMENT NO. 7) (ZONE CHANGE 1-87: NIMMO/YEOMANS) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning reg- ulations; and WHEREAS, the proposed amendment will not have a significant ad- verse effect upon the environment. A Negative Declaration has been prepared on the project. WHEREAS, the Atascadero Planning Commission held a public hearinc* on April 7, 1987, and has recommended approval of Zoning Ordinance Change 1-87. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land uses and ex- isting zoning in the area. 2. The proposal is consistent with the General Plan Land use Map des- ignation for the site and is consistent with other policies of the General Plan. 3. The proposal will not result in any significant adverse environ- mental impacts. The Negative Declaration prepared for the project is adequate. 4. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing re- quirements. 5. Proposed plans offer certain redeeming features to compensate for requested modifications. • Zone Change 1-87 (Y*mans/Nimmo) • 6. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 7. Modification of development standards or processing requirements will enhance the opportunity to best utilize special character- istics of an area and will have a beneficial effect on the area. Section 2. Zoning Map. Map Number 19 of the Official Zoning Maps of the City of Atasca- dero on file in the City Community Development Department is hereby amended to reclassify portions of Lots 6, 7, and all of Lots 10 through 15 of Tract 5 (Atascadero) as shown on attached Exhibit "A" and Exhibit "B" , Site Master Plan, which are hereby made a part of this ordinance by reference. Section 3. Zoning Text Change. Zoning Ordinance Text Change 1-87 is approved to add the following language: 1. Section 9-3.651 is added to the Planned Development Overlay Zones to read as follows: 9-3.651. Establishment of Planned Development Overlay Zone No. 7 (PD7) . The Planned Development Overlay Zone No. 7 is estab- lished as shown on the official zoning maps (Section 9-1.102) . The following development standards are established: a. The Master Plan of Development of the site is approved as shown on Exhibit B which is hereby made a part of this ordi- nance by reference. All construction and development shall be done in conformance with the approved Exhibit. Any modi- fication in density will require a rezoning. Modification of the Master Plan site design may be approved in a manner pre- scribed for a Conditional Use Permit (Section 9-2.109) . b. In approving a Master Plan of Development, the level of pro- cessing for subsequent projects or phases may be reduced to a Plot Plan provided that the Master Plan contain sufficient detail to support such a determination. C. No subsequent Plot Plan, Precise Plan, Conditional Use Per- mit, or Tentative Parcel or Tract Map shall be approved un- less found to be consistent with the approved Master Plan of Development. Any amendment to a Master Plan of Development, including conditions thereof, shall be accomplished as set forth in Subsection (a) of this Section. Section 4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933; shall cer- 2 Zone Change 1-87 (tvomans/Nimmo) 0 tify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the thirty-first (31st) day after its passage. On motion by and seconded by , the foregoing ordinance is hereby adopted in its en- tirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: BY: MARJORIE MACKEY, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: _A�� EVW 'Me22-� HENRY ENGIN Community DevelopInt Director 3 Jl,,, 1 ~AT=1i1• 's :. ve i^<t .•L'� t ..�.g�t I :x� aa.+Fxs t<e w t 3 aK;�' • ::,r..r y ar ''} 'Jt\ `l•5. t? i.h •'A' ,AS:.`T'4. '_�. F•i r r �LnY 6o•St k*1211 18 /51 AT-1C•It3.z3,AT-79AT-81-185 AT 81 254 Iii 1'�,ai D4.�' �+.<..• 1 ,SyS R ' ��+ IK �',♦p� :tjr r^ 3�< -1. •ra.e t�8 i j �' \ � i r,' ••�' a ., ♦♦ t{ ..a -j•,rr�r•'. ah`h.r ' 't� t •' • ••tic•.' I ar •.. ;c.• !�r 1 .,° �ti•'! a .♦., -� 8EVI510N DATE'. 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V/lid l t'1 t`_Q\ 1 Yeomans Gro VDT.z —TU z n 7) NIPA njD PA ;AN5 • M E M O R A N D U M TO: City Council May 12, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director 44C SUBJECT: Tentative Parcel Map 3-87 LOCATION: 9005 Atascadero Avenue (Ptn. Lot 12, Blk 10) APPLICANT: Robert and Bertha Shultz (Thomas E. Baumberger) REQUEST: Subdivision of one parcel containing 0.93 acres into two lots containing 0 .46 acres each BACKGROUND: . At the City Council' s April 28th, 1987 meeting, this matter was con- sidered and continued until May 12th to develop alternate language with respect to a deferred sidewalk requirement (refer to attached Staff Report, Condition No. 11) . It was the consensus of the Council to substitute the dollar amount required for any sidewalk improvement across the frontage to be placed into a sinking fund for implementing a future, route to school sidewalk plan. The Public Works Director subsequently developed estimates for the amount of money needed. RECOMMENDATION: Approval of Tentative Parcel Map 3-87 subject to the findings and re- vised conditions of approval recommended by the Planning Commission with the exception that Condition No. 11 would be revised to read as follows: "11. The applicant shall deposit with the Director of Public Works $1, 853. 00, which shall be utilized for future imple- mentation of the sidewalk route to school plan serving Santa Rosa Elementary School. " HE:ph Attachment: April 28, 1987 , Agenda Packet • cc: Robert and Bertha Schultz Thomas E. Baumberger M E M O RAN D U M • TO: City Council April 28, 1987 VIA: Michael Shelton, City Manager /VL-V FROM: Henry Engen, Community Development Director ;V SUBJECT: Tentative Parcel Map 3-87 LOCATION: 9005 Atascadero Avenue (Ptn. 12, Block 10) APPLICANT: Robert and Bertha Shultz (Thomas E. Baumberger) REQUEST: Subdivison of one parcel containing 0..93 acres into two lots containing 0.46 acres each. BACKGROUND: At their meeting held April 7, 1987 , the Planning Commission conducted a public hearing on the above-referenced subject, approving the re quest on a 4 :1 vote subject to the findings and revised conditions o approval contained in the attached staff report. There was considerable discussion and public testimony, especially as it related to sidewalk improvements, as reflected in the attached minutes excerpt. RECOMMENDATION: Approval subject to the findings and revised conditions of approval recommended by the Planning Commission. HE:ps ATTACHMENTS: Staff Report - April 7 , 1987 Revised Conditions of Approval Minutes Excerpt - April 7 , 1987 cc: Robert and Bertha Shultz Thomas E. Baumberger i City of Atascadero Item: C. 3 STAFF REPORT FOR: ((Planning Commission Meeting Date: April 7, 1987 BY:p�4 teven L. Decamp, Senior Planner File No: TPM 3-87 Project Address: 9005 Atascadero Ave. (Ptn. Lot 12; Block 10; AC) SUBJECT: Subdivision of one parcel containing 0 .93 acres into two (2) lots con- taining 0 .46 acres each. BACKGROUND: Notice of public hearing was published in the Atascadero News on Fri- day, March 27, 1987. All property owners of record located within 300 feet of the subject property were also notified on that date. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . .Robert & Bertha Shultz 2. Representative. . . . . . . . . . . . . .Thomas E. Baumberger 3. Site Area. . . . . . . . . . . . . . . . . . .0.93 acres 4. Zoning. . . . . . . . . . . . . . . . . . . . . .RSF-X (Residential Single Fam- ily - 20 ,000 sq. ft. minimum lot size) 5. Existing Use. . . . . . . . . . . . . . . .Parcel 1 - Single Family Dwelling Parcel 2 - Vacant 6. Adjacent Zoning. . . . . . . . . . . . .North: RSF-X South: P (Santa Rosa School) East: RSF-X West: RSF-X 7. General Plan Designation. . . .High Density Single Family 8. Environmental Status. . . . . . . .Negative Declaration posted February 23 , 1987 ! 0 Staff Report - TPM 3-87 9005 Atascadero Ave. (Shultz/Baumberger) Page Two B. ANALYSIS: The application before the Commission proposes the subdivision of one parcel containing 0.93 acres into two (2) parcels containg 0 .469 and 0.463 acres. The property proposed for subdivision is located in a RSF-X (Residential Single Family) zoning district. The minimum lot size in this zone is 0.5 acres where sanitary sewers are not available and 20,000 square feet where sewers are available. Because sewers are available in the subject area, the 20,000 square foot minimum lot size is applicable. The subject property currently contains a single family residence on Parcel 1. Upon completion of the subdivision, Parcel 2 will be avail- able for construction of an additional single family dwelling. Each of the two lots will have direct access to Atascadero Avenue. The area surrounding the subject parcel was the subject of recent Gen- eral Plan and Zoning Ordinance amendments allowing for the establish- ment of one-half acre and 20 ,000 square foot lots. The proposal be- fore the Commission is in conformance with the new General Plan and le Zoning Ordinance provisions. Staff believes that the type and density of development proposed is appropriate for the neighborhood. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 3-87 based on the Findings in Exhibit C and the Conditions of Approval in Exhibit D. SLD:ph Attachments: Exhibit A - Location and Zoning Map Exhibit B - Tentative Parcel Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval ExwIBIT ,A �`E � pVE �� • l-oma-�'►o� a�,d Zoh�hg TFM 3-8 7 y _ I - i a M Cl4 J ` RMF • � 0 AV m � _ !!tc Rs F n fC pO1 a I �V S /.�4 t/ \ � • a �a V v � c q i vo- co r i \\\vQQ � .s y9. / i yJ cq/s rp /R C T £ 'T r 0 s S�0 45\gpERp ' OP\` � cr • P 1 > QS vp 4VF"To �/ 1 Te Op\ L� UP i\ . 125 - K Zo 000 -0 . q ) Q P / �p VIEW i o f•,Z L(FH) y� o gIVE— L ID I 4 \ / 5 t=x4l E511 l�h-�: Pa►�.I Ma TPM 3-87 i 73 / zs� J ' j �C.2• � i' �� i o T i r EXHIBIT C - Findings for Approval TPM 3-87 (Shultz/Baumberger) April 7 ,1987 FINDINGS: 1. The creation of these parcels conforms to the zoning ordinance and the General Plan. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development pro- posed. 4. The site is physically suitable for the density of development proposed. 5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife of their habitat. 6. The design of the subdivision and the type of improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to methods of handling and discharge of waste. • 0 EXHIBIT D - Conditions of Approval TPM 3-87 (Shultz/Baumberger) April 7 , 1987 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. Wastewater disposal shall be by connection to the public sewer. 4. Obtain sewer connection permits from the Public Works Department prior to hooking up to the public sewer. 5. A sewer annexation fee for the newly created parcel shall be paid prior to recording the final map. 6. A sewer connection fee for each single family lot shall be due in addition to usual connection, tap-in, and installation fees prior to issuance of building permits. 7. The existing fire hydrant at the intersection of Atascadero Ave. and Portola Avenue shall be upgraded to City Standards prior to recording the final map. 8. Road improvement plans prepared by a Registered Civil Engineer must be submitted to and approved by the Department of Public Works prior to recording the final map. 9. Construction of road improvements shall be completed (or bonded for) prior to recording the final map. Required improvements shall be to the following standards: paveout twenty (20) feet from the centerline of Atascadero Avenue and a City standard drive approach to serve each parcel. 10. An irrevocable offer of dedication to the City of Atascadero for the following right-of-way for future road and sidewalk purposes shall be made and noted on the final map: Street Name: Atascadero Avenue Limits: Entire frontage of subject property Minimum Width: 30 feet from centerline Conditions of Approval TPM 3-87 Page Two 11. The applicant shall enter into an agreement, acceptable to the City Attorney, agreeing to install sidewalks along the entire frontage of the property along Atascadero Road to City standards as may be required by the City upon completion of a sidewalk needs analysis. 12. Participate in eliminating a portion of the flood hazard to the property by posting a performance security with the City to be used for a drainage improvement project for channelizing the out- flow from Atascadero Lake to Atascadero Creek. In the event that a future assessment district is formed for the area drainage im- provements that include this project, then credit in the amount of the deposit will be applied towards final apportionment of the assessment if allowed by the assessment district proceedings. This shall appear as a note on the final map. 13. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor 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. b. A recently updated preliminary title report shall be sub- mitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 14. Approval of this tentative parcel map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 0 0 EXHIBIT D - Conditions of Approval TPM 3-87 (Shultz/Baumberger) April 7, 1987 (R E V I S E D) CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. Wastewater disposal shall be by connection to the public sewer . 4. Obtain sewer connection permits from the Public Works Department prior to hooking up to the public sewer. 5. A sewer annexation fee for the newly created parcel shall be paid prior to recording the final map. 6. A sewer connection fee for each single family lot shall be due in addition to usual connection, tap-in, and installation fees prior to issuance of building permits. 7. The existing fire hydrant at the intersection of Atascadero Ave. and Portola Avenue shall be upgraded to City Standards prior to recording the final map. 8. Road improvement plans prepared by a Registered Civil Engineer must be submitted to and approved by the Department of Public Works prior to recording the final map. 9. Construction of road improvements shall be completed (or bonded for) prior to recording the final map. Required improvements shall be to the following standards: paveout twenty (20) feet from the centerline of Atascadero Avenue and a City standard drive approach to serve each parcel. 10. An irrevocable offer of dedication to the City of Atascadero for the following right-of-way for future road and sidewalk purposes shall be made and noted on the final map: Street Name: Atascadero Avenue Limits: Entire frontage of subject property Minimum Width: 30 feet from centerline 0 0 Conditions of Approval TPM 3-87 Page Two 11. The applicant shall enter into an agreement, acceptable to the City Attorney, agreeing to install sidewalks along the entire frontage of the property along Atascadero Road to City standards as may be required by the City upon completion of a sidewalk needs analysis. Said agreement may be in the form of a lien against the parcel. The cost of improvements will be collected only upon City determination that the owners of at least fifty-one percent (51%) of the land area in the affected territory are to install sidewalks. 12. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor 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. b. A recently updated preliminary title report shall be sub- mitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 13. Approval of this tentative parcel map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. • 0 0 Minutes - Planning Commission - April 7 , 1987 tions from the March 17th meeting which were inadvertently lef out rom this agenda, but should be included. Mr . Tartaglia sta d he w uld like to have approval of the map with exception of t bridge is e. Bruno damoli commented on the map request. Bonita Bo eson asked why an Environmental Impact Repo t was not re- quired for is project to which Mr. Engen explained hat this project involved lar acreage parcels proposed with the t increase being 16 three acre arcels which is consistent with t e neighborhood. The bridge widening not part of the project desc ption although it has become an issue a an off-site question for th area; he elaborated on the various develop nt issues in relation t the area. Commissioner Lopez-Bal b ntin asked if it ' determined that the crea- tion of the proposed lots would h e an impact on traffic, would the applicant be required participa in the cost for a portion of the bridge improvemgnt. r. DeC p stated there would be a way to determine what the exact impa of a 16 new lots would be on that bridge in terms of the avera aily traffic that is generated com- pared to the amount of traffic o the bridge presently. He explained the difficulties in requiring hi because of the "open-ended" nature of the condition. Mr. Engen dded t t if the Commission felt it may take too long for bridge mprovemen s to be addressed through fees, there could be recommendat 'ons made by a Commission to looking ate other revenue raising echanisms to spe up the process. A traffic study could be require of the applicant. In response to ques on from Commissioner Mich lssen, Mr . Sensibaugh elaborated on the ost comparisons per square fo t for bridges. MOTION: By Co issioner Nolan to approve Tentative ract Map 21=86 base on the findings and revised conditions of approval (re- vi d at the March 17th Commission meeting) ; conded by Com- missioner Copelan. Commissioner Lopez-Balbontin asked that consideration be gi n in . the futurwto have some sort of mechanism that would require deve pers to pay or whatever improvements must be made. Commissioner Mich ' elssen as d for clarification on the revised conditions of approval. Motion passed 5 :0 with a roll call vote. 3. Tentative Parcel Ma 3-87 : Request initiated by Robert and Bertha Shultz (Thomas E. Baumber- ger) to allow subdivision of one parcel containing 0.93 acres into two lots containing 0 .46 acres each. Subject property is located at 9005 Atsacadero Avenue (portion Lot 12, Block 10 , Atascadero Colony) . 5 0 Minutes - Planning Commission - April 7, 1987 Mr. DeCamp presented the staff report recommending conditional approv- al of the request. He pointed out that condition #12 should be elim- inated as the item is already covered by ordinance and it is not nec- essary to appear on maps as a note. He further noted that there have been a series of map applications submitted around the intersection of Atascadero Avenue and Portola and the Fire Department has made a re- quirement to upgrade the existing fire hydrant near that intersection. The applicant has paid for the hydrant improvement as part of the original submittal and felt it may be to the applicant' s advantage to talk to some of the other property owners with maps in progress to try to recoup some of the hydrant costs. Commissioner Michielssen asked if sidewalks are going to be required in residential single family zones. Mr. DeCamp stated that safety considerations are being studied with respect to development of prop- erties in the area of the Santa Rosa Road School, and explained that staff has been working with the School District in developing a "route to school" ; he stated that because of the increased level of use by school-age children, it might be appropriate to require the installa- tion of sidewalks along property frontages; he elaborated on a type of agreement which could involve a lien against the newly created parcels which would allow for sidewalk installations in the future. Lengthy discussion ensued on this matter with emphasis on sidewalk assessment districts, lien agreements. Tom Baumberger, agent for the applicants, stated he did not recive a copy of the conditions of approval and could not speak for the appli- cants on the matter but commented on the sidewalk issue saying he felt it would be better for everyone' s best interests to have all the side- walks put in at the same time. Upon reviewing the conditions, Mr. Baumberger stated he could speak for the owners and that they would accept the conditions with the exception of the sidewalk requirement. However, they might be receptive to the condition knowing that they would not be required to pay any money at this time until the issue is resolved. Jane Smith, 8950 Atascadero Avenue, spoke in opposition to the pro- posed lot split. Dennis Lockridge, 8935 Atascadero Avenue, also expressed opposition to the request and talked about the importance of requiring sidewalks for the children' s safety. John Falkenstien addressed the sidewalk issue saying that it would impact other developments he is involved in; he felt the issue is not whether the sidewalks are necessary but how the condition can be im-- plemented; he expressed opposition to a lien on property procedure and felt the issue should be dealt with as a whole Marge Mackey felt it would be fair to have a statement reflecting that if sidewalks are required in the neighborhood, that the particular property would contribute to them. This would avoid the complaints heard in relation to the Separado sewer area. 6 0 0 Minutes - Planning Commission - April 7 , 1987 There was further discussion concerning an equitable agreement being reached after a sidewalk study is completed. It was noted that in this particular area there was a limited amount of future development. Mr. Engen added that when the density in this neighborhood was re- cently changed, one of the primary concerns of the neighbors had been the need for sidewalks. Mr . Sensibaugh proposed an alternative simi- lar to what Public Works uses for detention basins which involves pay- ing a fixed amount for improvements which goes into a sinking fund. Mr. Baumberger stated that the applicants would be in favor of a solution proposed by Mr. Sensibaugh rather than having a lien placed against their property. Commissioner Copelan expressed concern that these lots are too long and narrow for a adequate building sites. MOTION: By Commissioner Copelan to approve Parcel Map 3-87 subject to the findings and conditions of approval with the exception of Condition #12 which is to be deleted; seconded by Commis- sioner Nolan. Commissioner Michielssen moved to amend the motion to modify condition #11 to add: " . . .sidewalk needs analysis. How- ever, the money shall not be called forth until a minimum 51% of the property owners in the benefit assessment district have agreed to participate, or if some other method is ar- ranged whereby 51% or more of the property owners will parti- cipate in the cost and installation of the sidewalk. Commis- sioner Nolan seconded the amendment to the motion. There was further discussion concerning 51% of the land area as op- posed to 51% of the property owners. Mr. Sensibaugh stated that an override of a protest is based on land area and not frontage. Commissioner Michielssen further amended his motion to re- flect 51% of the land area instead of 51% of the property owners. Commissioner Nolan seconded the amendment. Motion to the amendment passed with a 3 : 2 vote with Commis- sioners Copelan and Lopez-Balbontin dissenting. Motion to approve Tentative Parcel Map 3-87 with the elimina- tion of condition #12 and amendment to condition #11 passed 4:1 with Commissioner Lopez-Balbontin dissenting. 4. Tentative Tract Ma 4-87 : Request initiated by Michael Hawkins (Cuesta Engineering) to allow subdivision of one parcel containing 4.93 acres into ten lots con- taining between 20 ,100 square feet and 24 ,720 square feet each. Subject property is located at 9240 Atascadero Avenue (Lot 2, Block 12, Atascadero Colony) . 7 Dhl� ZiS { TEm M E M O R A N D U M TO: City Council May 12, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director V SUBJECT: Tentative Tract Map 4-87 LOCATION: 9240 Atascadero Avenue (Lot 2, Block 12) APPLICANT: Michael Hawkins (Cuesta Engineering) REQUEST: Subdivision of one parcel of 4.93 acres into 10 lots containing between 20 ,100 square feet and 24,720 square feet. BACKGROUND: At the City Council' s April 28th, 1987 meeting, this matter was con- sidered and continued until May 12th to develop alternate language with respect to a deferred sidewalk requirement (refer to attached Staff Report, Condition No. 13) . It was the consensus of the Council to substitute the dollar amount required for any sidewalk improvement across the frontage to be placed into a sinking fund for implementing a future route to school sidewalk plan. The Public Works Director subsequently developed estimates for the amount of money needed. RECOMMENDATION: Approval of Tentative Parcel Map 4-87 subject to the findings and re- vised conditions of approval recommended by the Planning Commission with the exception that Condition No. 13 would be revised to read as follows: "13. The applicant shall deposit with the Director of Public Works $3,982.00, which shall be utilized for future imple- mentation of the sidewalk route to school plan serving Santa Rosa Elementary School. " HE:ph Attachment: April 28 , 1987 , Agenda Packet • cc: Michael Hawkins Cuesta Engineering M E M O R A N D U M TO: City Council April 28 , 1987 VIA: Michael Shelton, City Manager 10 1 FROM: Henry Engen, Community Development Director U SUBJECT: Tentative Tract Map 4-87 LOCATION: 9240 Atascadero Avenue (Lot 2, Block 12) APPLICANT: Michael Hawkins (Cuesta Engineering) REQUEST: Subdivision of one parcel of 4.93 acres into ten lots con- taining between 20 ,100 square feet and 24,720 square feet. BACKGROUND: At their April 7, 1987 meeting, the Planning Commission conducted a public hearing on the above-referenced subject, approving the lan division request on a 3 :1 vote subject to the findings and revise conditions as reflected in the attached staff report. There was considerable discussion and public testimony, especially as it related to downstream drainage improvements, as reflected in the attached minutes excerpt. RECOMMENDATION: Approval subject to the Planning Commission' s recommended findings and revised conditions of approval. HE:ps ATTACHMENTS: Staff Report - April 7 , 1987 Revised Conditions of Approval Minutes Excerpt - April 7 , 1987 cc: Michael Hawkins Cuesta Engineering • City of Atascadero Item: C.4 STAFF REPORT FOR: Planning Commission Meeting Date: 4/7/87 BY 4,0s teven L. Decamp, Senior Planner File No: TTM 4-87 Project Address: 9240 Atascadero Avenue (Lot 2, Block 12, AC) SUBJECT: Subdivision of one parcel containing 4.93 acres into ten (10) lots containing between 20,100 square feet and 24,720 square feet. BACKGROUND: Notice of public hearing was published in the Atascadero News on Fri- day, March 27, 1987. All property owners of record located within 300 feet of the subject property were also notified on that date. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Michael Hawkins 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Site Area. . . . . . . . . . . . . . . . . . . .4. 93 acres 4. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-X (20,000 square foot mini- mum lot size) 5. Existing Use. . . . . . . . . . . . . . . . .Vacant 6. Adjacent Zoning. . . . . . . . . . . . . .North: RSF-X South: RSF-X East: P (Santa Rosa School) West: RSF-Y 7. General Plan Designation. . . . .High Density Single Family 8. Environmental Status. . . . . . . . .Negative Declaration posted February 23, 1987. B. ANALYSIS: The application before the Commission proposes the subdivision of one parcel containing 4.93 acres into ten (10) parcels ranging in size between 20 ,100 and 24 ,720 square feet. The property proposed for subdivision is located in an RSF-X (Residential Single Family) zoning district. The minimum lot size in this zone is 0 .5 acres where sewers are unavailable and 20 ,000 square feet where sanitary sewer service is available. Because each of the proposed lots is 0 i Tentative Tract Map 4-87 (Michael Hawkins/Cuesta Engineering) to be sewered, the 20 ,000 square foot lot size is applicable in this case. The property proposed for subdivision is relatively flat and ap- pears well suited for its intended use as a residential develop- ment. There are numerous trees on the site which can be saved by careful placement of building pads and other improvements. There are no buildings or other improvements on the property at this time. The area surrounding the subject parcel was the subject of recent General Plan and Zoning Ordinance amendments allowing for the es- tablishment of one-half acre and 20 ,000 square foot lots. The proposal before the Commission is in conformance with the new General Plan and Zoning Ordinance provisions. Staff believes that the type and density of development proposed is appropriate for the neighborhood. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Tract Map 4-87 based on the Findings in Exhibit C and the Conditions of Approval in Exhibit D. SLD:ps ATTACHMENTS: Exhibit A - Location and Zoning Map Exhibit B - Tentative Parcel Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval 2 0 CX141BIT A � v. �� w �—oG7►1'IOvi Ay� ZOYIIKJ � a T-FAA ti-87 eve J R'M F _ (PD • 0O AV �c i � Co4 � it -o�— �J 1 dib. Vf - AS -QRS F° - �\oobo .\ .S A. � rtiai ,i\ M•tio •o ` \ O� /s q °' s' 0451 v coa a 1 7 y� cQ,STp _ 'R �. L L O AS\AOERO ♦ • / 2 P 5i�c �• r J 9 Z4 o X14,x-3c lJd ✓o Avc- S1� ° °` R 5 F- X Z o, 000 �q• 4. $F•�, L( H) 91VE1 i 1 Lc R3>r•X '� � Z. - 1 I I I z tiT. 01 / _ , -.0 Exµ,�lr a a M P T-rAA 4-3-7 I tab .n 1. o I � x u 172 N p ° r•lJ4{L d•S• L•tw,, N JWF ATAICADCAP —N�brw isr '• AMEN E q \rya S.no� � _ moo, °� a o•�.. �� my U♦ •A env v -cm22�N ;pro • • Tentative Tract Map 4-87 (Michael Hawkins/Cuesta Engineering) EXHIBIT C - Tentative Tract Map 4-87 Findings for Approval July 7, 1986 FINDINGS: 1. The creation of these parcels conforms to the Zoning Ordinance and the General Plan. 2. The creation of these parcels, in conformance with the recommended conditions of approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development that is proposed. 4. The site is physically suitable for the density of development that is proposed. 5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision and the type of improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474.6 of the State Subdivision Map Act as to methods of handling and discharge of waste. • 0 Tentative Tract Map 4-87 (Michael Hawkins/Cuesta Engineering) EXHIBIT D - Tentative Tract Map 4-87 Conditions of Approval April 7, 1987 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. Grading, drainage, and erosion control plans, prepared by a regis- tered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to recording the final map. 4. Drainage work and facilities shall be constructed to City stand- ards prior to recording a final map. 5. Prior to recording the final map a soils investigation (as re- quired by the Map Act) shall be submitted, recommending corrective action which will prevent structural damage to each structure pro- posed to be constructed in the area where soils problems may exist. The date of such reports, the name of the engineer making the report, and the location where the reports are on file shall be noted on the final map. 6. Road improvement plans prepared by a registered civil engineer must be submitted to and approved by the Public Works Department prior to recording the final map. 7. Construction of road improvements shall be completed prior to re- cording the final map, and shall include paving of the entire road and cul-de-sac as shown on the tentative map. 8. Construct an Atascadero City standard cul-de-sac at the terminus of the new road serving the tract. 9. Road improvements shall be to the following standards: City-accepted road: 1. 20 foot wide AC traveled way 2. 24 foot wide road bed 3. Minimum 110 foot centerline radius 4. 40 foot wide right-of-way 0 • Tentative Tract Map 4-87 (Michael Hawkins/Cuesta Engineering) 10. All road grading shall be completed prior to recording the final map. 11. An irrevocable offer of dedication to the City of Atascadero for the following right-of-way for future road purposes shall be made and noted on the final map: Street name: Atascadero Avenue Limits: Property frontage Minimum width: Thirty (30) feet from centerline Street name: Unnamed Limits: From Atascadero Avenue to terminus of cul-de-sac Minimum width: 40 foot right-of-way with 48 foot cul-de-sac radius and 20 foot corner rounding at intersection 12. Install all street signs, traffic delineation devices, warning and regulatory signs, guardrail, barricades, and other similar devices where required by the Public Works Director. Signs shall be in conformance with the Public Works Department standards and the rent State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 13. The property owner shall enter into an agreement, acceptable to the City Attorney, agreeing to install sidewalks along the entire frontage of the property along Atascadero Avenue to City standards as may be deemed necessary by a sidewalk needs assessment. 14. An offer of dedication to the public for the Public Utilities Easement shall be made. 15. All offers of dedication shall be completed and recorded prior to or simultaneously to recording the final map. 16. A City standard fire hydrant shall be installed at the frontage of proposed lot #3 prior to recording the final map. 17. The fire hydrant located at the intersection of Portola Road and Atascadero Avenue shall be upgraded to City standards. 18 . A name for the future road shall be selected and presented to the Planning Commission for approval. Said name shall then appear on the road on the final map. 19. Obtain an encroachment permit from the City of Atascadero. Sign an Inspection Agreement and a Curb and Gutter Agreement, guaran- teeing that the work will be done and inspections paid for , prior to issuance of a building permit, and construct improvements as directed by the Encroachment Permit, prior to recording the final map. • 0 Tentative Tract Map 4-87 (Michael Hawkins/Cuesta Engineering) 20. Plan and profile drawings of proposed individual driveways, drive- way easements and private roads shall be submitted for approval by the Community Development and Public Works Departments in order to determine average grade and appropriate improvement requirements. This shall appear as a note on the final map. 21. Wastewater disposal shall be by connection to the public sewer. 22. Obtain sewer connection permits from the Public Works Department prior to hooking up to the public sewer . 23. The property owner shall enter into an agreement, acceptable to the City Attorney, agreeing to participate in the formation of an assessment district for drainage and related improvements intended to mitigate flooding in the Amapoa/Tecorida drainage area and in those areas impacted by that drainage. 24. Participate in eliminating a portion of the flood hazard to the property by posting a performance security with the City to be used for a drainage improvement project for channelizing the out- flow from Atascadero Lake to Atascadero Creek. In the event that a fugure assessment district is formed for the area drainage im- provements that include this project, then credit in the amount of the deposit will be applied towards final apportionment of the assessment if allowed by the assessment district proceedings. This shall appear as a note on the final map. 25. Offer a 15 foot wide drainage easement along rear lot lines of Lot 1 through 5. Said easement will be consented to but rejected without prejudice by the City. 26. Provide drainage easements (and/or drainage releases) from points of concentration of stormwater leaving the project boundary through adjoining properties to the nearest natural watercourse as approved by the Public Works Department. 27. Grading and drainage plans prepared by a registered civil engineer must be submitted to and approved by the Community Development and Public Works Departments prior to recording the final map. 28. All utilities (including cable TV, telephone, and electricity) ex- tended to each of the new lots shall be installed underground. Said utilities shall be installed prior to recording the final map. 29. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that • • Tentative Tract Map 4-87 (Michael Hawkins/Cuesta Engineering) they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. C. A preliminary guarantee shall be submitted for review in con- junction with the processing of the final map. 30. Approval of this tentative parcel map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. s • 0 • EXHIBIT D - Tentative Tract Map 4-87 Conditions of Approval (R E V I S E D) April 7, 1987 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. Grading, drainage, and erosion control plans, prepared by a regis- tered civil engineer , shall be submitted for review and approval by the Community Development and Public Works Departments prior to recording the final map. 4. Drainage work and facilities shall be constructed to City stand- ards prior to recording a final map. 5. Prior to recording the final map a soils investigation (as re- quired by the Map Act) shall be submitted, recommending corrective ,*action which will prevent structural damage to each structure pro- posed to be constructed in the area where soils problems may exist. The date of such reports, the name of the engineer making the report, and the location where the reports are on file shall be noted on the final map. 6. Road improvement plans prepared by a registered civil engineer must be submitted to and approved by the Public Works Department prior to recording the final map. 7. Construction of road improvements shall be completed prior to re- cording the final map, and shall include paving of the entire road and cul-de-sac as shown on the tentative map. 8. Construct an Atascadero City standard cul-de-sac at the terminus of the new road serving the tract. 9. Road improvements shall be to the following standards: City-accepted road: 1. 20 foot wide AC traveled way 2. 24 foot wide road bed 3. Minimum 110 foot centerline radius 4. 40 foot wide right-of-way 1* 0 Tentative Tract Map -87 (Michael Hawkins Cuesta Engineering) / g g) 10. All road grading shall be completed prior to recording the final map. 11. An irrevocable offer of dedication to the City of Atascadero for the following right-of-way for future road purposes shall be made and noted on the final map: Street name: Atascadero Avenue Limits: Property frontage Minimum width: Thirty (30) feet from centerline Street name: Unnamed Limits: From Atascadero Avenue to terminus of cul-de-sac Minimum width: 40 foot right-of-way with 48 foot cul-de-sac radius and 20 foot corner rounding at intersection 12. Install all street signs, traffic delineation devices, warning and regulatory signs, guardrail, barricades, and other similar devices where required by the Public Works Director. Signs shall be in conformance with the Public Works Department standards and the rent State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 13. The property owner shall enter into an agreement, acceptable to the City Attorney, agreeing to install sidewalks along the entire frontage of the property along Atascadero Avenue to City standards as may be deemed necessary by a sidewalk needs assessment. 14. An offer of dedication to the public for the Public Utilities Easement shall be made. 15. All offers of dedication shall be completed and recorded prior to or simultaneously to recording the final map. 16. A City standard fire hydrant shall be installed at the frontage of proposed lot #3 prior to recording the final map. 17. The fire hydrant located at the intersection of Portola Road and Atascadero Avenue shall be upgraded to City standards. 18. A name for the future road shall be selected and presented to the Planning Commission for approval. Said name shall then appear on the road on the final map. 19. Obtain an encroachment permit from the City of Atascadero. Sign an Inspection Agreement guaranteeing that the work will be done and inspections paid for , prior to issuance of a building permit, and construct improvements as directed by the Encroachment Permit, prior to recording the final map. i `2 Tentative Tract Ma4-87 (Michael Hawkins/Cue s Engineering) Map 20 . Plan and profile drawings of proposed individual driveways, drive- way easements and private roads shall be submitted for approval by the Community Development and Public Works Departments in order to determine average grade and appropriate improvement requirements. This shall appear as a note on the final map. 21. Wastewater disposal shall be by connection to the public sewer. 22. Obtain sewer connection permits from the Public Works Department prior to hooking up to the public sewer . 23. Offer a 15 foot wide drainage easement along rear lot lines of Lot 1 through 5. Said easement will be consented to but rejected without prejudice by the City. 24. Provide a $500 downstream improvement fee as a contribution toward the required downstream drainage improvements. 25. Grading and drainage plans prepared by a registered civil engineer must be submitted to and approved by the Community Development and Public Works Departments prior to recording the final map. 26. All utilities (including cable TV, telephone, and electricity) ex- tended to each of the new lots shall be installed underground. Said utilities shall be installed prior to recording the final map. 27. A final map drawn in substantial conformance with the approved , tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor 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. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. C. A preliminary guarantee shall be submitted for review in con- junction with the processing of the final map. 28. Approval of this tentative parcel map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 29. A twenty-five foot side setback shall be established for Lots 5 and 10 along Atascadero Avenue. Said setback shall be delineated on the final map. 3 0 • Minutes - Planning Commission - April 7 , 1987 . ere was further discussion concerning an equitable agreemen being re hed after a sidewalk study is completed. It was note that in this articular area there was a limited amount of future evelopment. Mr. En en added that when the density in this neighbor od was re- cently hanged, one of the primary concerns of the nei bors had been the need or sidewalks. Mr. Sensibaugh proposed an al ernative simi- lar to wha Public Works uses for detention basins w ch involves pay- ing a fixed ount for improvements which goes into a sinking fund. Mr. Baumberger ated that the applicants would be in favor of a solution proposeby Mr. Sensibaugh rather t n having a lien placed against their pro% ty. Commissioner Copelan a ressed concern tha these lots are too long and narrow for a adequa building sites. MOTION: By Commissioner Co elan to ap rove Parcel Map 3-87 subject to the findings and onditi s of approval with the exception of Condition #12 whic is be deleted; seconded by Commis- sioner Nolan. Commissioner Michielss n m ved to amend the motion to modify condition #11 to d: . . sidewalk needs analysis. How- ever , the money sha not be alled forth until a minimum 51% 18 of the property ow ers in the benefit assessment district have agreed to p ticipate, or i some other method is ar- ranged whereby 1% or more of the 'property owners will parti- cipate in the ost and installationf the sidewalk. Commis- sioner Nolan seconded the amendment t the motion. There was further iscussion concerning 51% of th land area as op- posed to 51% o the property owners. Mr. Sensib ugh stated that an override of a p test is based on land area and not h ontage. Com ssioner Michielssen further amended his m tion to re- fl ct 51% of the land area instead of 51% of he property ners. Commissioner Nolan seconded the amendment. Motion to the amendment passed with a 3 : 2 vote with ommis sioners Copelan and Lopez-Balbontin dissenting. Motion to approve Tentative Parcel Map 3-87 with the elimi - tion of condition #12 and amendment to condition #11 passe 4: 1 with Commissioner Lopez-Balbontin dissenting. 4. Tentative Tract Map 4-87 : Request initiated by Michael Hawkins (Cuesta Engineering) to allow subdivision of one parcel containing 4.93 acres into ten lots con- taining between 20 ,100 square feet and 24 ,720 square feet each. Subject property is located at 9240 Atascadero Avenue (Lot 2, Block 12, Atascadero Colony) . 7 • • Minutes - Planning Commission - April 7 , 1987 Commissioner Michielssen stepped down from the Commission due tole a possible conflict of interest. In presenting the staff report, Mr. DeCamp noted that conditions #23 and #24 be deleted as they are covered by ordinance and need not be noted on the map. He suggested that the wording for condition #13 referring to the sidewalk requirement be amended as reflected in the previous motion (TPM 3-87/Schultz) . Chairman Bond stated this request meets all of the findings and criteria, however, he expressed concern that the street area was being used as part of the square footage for the proposed lots. He discussed the net versus gross acreage issue and his feelings that the map still has to be accepted by the City, to which Mr. DeCamp responded that the proposed street would meet City standards but that there is no requirement that the City accept the road for dedication. There was discussion concerning the need for the 20, 000 square foot lot issue to be reviewed during the General Plan update. John Falkenstien, agent for the applicant, stated he is in favor of the amended wording on the sidewalk condition as previously approved by the Commission. With regard to condition #19, Mr. Falkenstien stated he would like the wording "curb and gutter agreement" deleted as there is no requirement for such. Mr . DeCamp stated there was no problem with this deletion. Mr . Falkenstien further addressed condi-� tion #26 relating to drainage easements stating that the site is a gently sloping one and that everything drains to the rear. He felt that this site does not have a drainage impact on adjacent properties and explained how the drainage on the different lots drains off the property. Discussion ensued. Mr. Sensibaugh offered a solution in which a $500 detention basin fee could be utilized and applied to downstream improvements. Mr. Falkenstien indicated his agreement to such a compromise. Mr. Falkenstien spoke -on the lot size issue with regard to the owner- ship from the centerline of the street to the property. Mr. Gulliver, 9310 Atascadero Avenue, explained difficulties he had in receiving hearing notice since his name was not listed on the assessor rolls. He addressed the drainage issue and stated there is a drainage problem in this area and noted he was not sure whether he approved of the land division request. Jane Smith talked about the continued reduction of lot sizes in this area and expressed her concern with the drainage problems. Dennis Lockridge felt the lot definitely needs to be developed and commented on how this particular application has changed since it first came before the Commission over a year ago. Mr. DeCamp pointed out that Lots 5 and 10 (corner lots) front on the• new street with side setbacks along Atascadero Avenue and noted that the Ordinance requires a ten foot minimum setback on a corner lot on the street side. However, because of the other development along the R 0 0 Minutes - Planning Commission - April 7, 1987 street being set back at 25 feet, and the fact that the school is directly across the street, he asked that a condition be imposed that would require a 25 foot setback along the frontage and side of Lots 5 and 10 along the new street and along Atascadero Avenue and that that setback be shown on the final map. Chairman Bond felt that individual property owners should not be re- quired to put in sidewalks until the school puts in a sidewalk since the school takes up two-thirds of the frontage on Atascadero Avenue and added some additional comments on the sidewalk issue. In response to question from Commissioner Nolan regarding the reword- ing of condition #26, Mr. Sensibaugh stated the applicant should give $500 towards downstream drainage improvements above and beyond the normal drainage fees for this area in lieu of a offsite easements. Commissioner Lopez-Balbontin stated that sidewalks will be needed in that area and there should be some sort of guarantee that the develop- ers will participate in the cost of providing sidewalks. He did not feel that the amended condition on sidewalks in the previous item was adequate. MOTION: By Commissioner Lopez-Balbontin to approve Tentative Tract 4-87 subject to the findings and conditions contained in the staff report with the following modifications: • - deletion of conditions #23 and #24 addition of condition #31 (pertaining to side setbacks) - amendment to condition #26 The motion passed 3 :1 with a roll call vote; Chairman Bond dissenting. Commissioner Michielssen took his seat back on the Commission. irman Bond called a recess at 11: 05 p.m. ; meeting reco ned at 11: .m. 5. Tentative cel Ma 5-87 : Request initia d by Robert S. Fisher�tolow subdivision of one parcel containing 66 acresinto thrcontaining 0 . 5 acres, 0. 5 acres, and 0 . 66 a es. Subjec property is located at 8925 Atascadero Avenue (Parc_ of 76-280) . Mr. DeCamp presented the staff repo recommending conditional approv- al, but noting condition `8 should be leted as it is already cov- ered by ordinance. In response to estion from Commissioner Lopez-B ontin, Mr . DeCamp responded at the 16 foot road width is adequate fo Fire Department • apparatu . Mr. DeCamp pointed out that the Fire Departm has asked for Jte installation of a new fire hydrant at the inte ction of Ats-!�'.cadero Avenue and the new accessway to the proposed lots hich �11 provide them with additional fire protection throughout the a 9 0 ET!'111�3 N'D A • M E M O R A N D U M TO: City Council Members May 12, 1987 FROM: Michael Shelton City Manager SUBJECT: NUCLEAR WEAPONS FREE ZONE ORDINANCE Attached is a letter to Mayor Mackey from John Bartelt, PhD, dated March 3, 1987, requesting Council consideration of adopting a Nuclear Weapons Free Zone Ordinance. A Nuclear Weapons Free Zone, as proposed, would prohibit research, production, or stor- age of weapons, manufacturing of component parts, or supplying substances to make nuclear weapons within Atascadero city limits. The ordinance would also prohibit the City from doing business with, or awarding contracts to any person, firm, or organization engaged in the production of nuclear weapons or components. Mr. Bartelt will give a presentation at the May 12, 1987 Council Meeting, provide an overview of the proposed sample ordinance, and request Council consideration and public discussion. DISCUSSION: Considerable staff and Council time would be required to implement and administer the proposed ordinance. Anticipated impacts created from the proposed ordinance would be as follows: Section 4 - Policy - Atascadero Shall be Established as a Nuclear weapons free zone - Staff is unaware of any business in the city which is currently involved in the research or pro- duction of substances used to manufacture nuclear weapons. This section would require considerable staff time to monitor business and industry to insure compliance. The compliance monitoring would be handled most likely through the business license process. Certificates of compliance would be required from all businesses. Section 5 - Purchasing and Contracts - Staff is unaware of ven- dors that the City does business with that engages in the pro- duction of nuclear weapons or components. Conceivably, however, it is reasonable to assume that many of the larger firms the City patronizes (IBM, General Motors, General Electric, etc. ) could be precluded from doing further business with the City, reducing • financial competitiveness and technology otherwise available. • 0 City staff would be required to obtain an updated list of nuclear weapons producers, research alternative sources for necessary S purchases or services, and obtaining certificates of compliance stipulating non involvement in the production of nuclear weapons or components. Section 6 - Nuclear Weapons Free Zone Committee - Staff and Council time will be required in the formulation of a committee, directing the efforts of the committee, and monitoring their rec-• ommendations. Council time would be required to provide di- rection, monitor progress, and receive reports. Section 7 - Investment of City Funds - Investment practices would be amended to insure that City funds were not invested with nuclear weapons contractors. It is unclear if this also includes banks, savings and loans, and the Local Agency Investments Fund, which may have investments with nuclear weapons contractors. Again, staff time would be required on an ongoing basis to insure compliance and this practice may have an impact on City invest- ment returns possibly reducing investment earnings. Section 9 - Violations and Penalties - City Attorney time and cost will be required for preparation of the proposed ordinance, providing ordinance administrative interpretations, persuing prosecution in the case of violation, and defending the ordinance in the case of challenge by vendors, citizens, or the Federal Government. . Section 11 - Notification - This provides for extensive noti- fication to all levels of government including County, State Federal, special organizations, the United Nations, and foreign governments. The ordinance also provides for providing this communication to a similar size city in the Soviet Union, and placing and maintaining signs stating, "Nuclear Weapons Free Zone" at City limits. Unrelated to the time involved with the administration of the ordinance, considerable Council time will be required in the for- mation process hearing and dealing with public controversy that may arise over this issue. ALTERNATIVES 1. Council may wish to take the message and intent of the proposed ordinance and adopt a resolution declaring Council' s position and conveying this position to appropriate State, Federal, and other representatives deemed appropriate. 2. Council may receive the presentation with no further action. • 3. Council may wish to first develop a policy in dealing with State, Federal, and international issues (non-local issues) 0 0 tabling this issue pending policy formation. 4. Council may wish to receive public input prior to making further decision. Although public alternate input may be achieved through the following means: A. Appointment of a broad based ad hoc committee to review and make recommendations to Council. B. Conducting public hearing to receive public input. C. Direct of the formation of a survey to survey the desire of the community. D. Placing the issue on an upcoming ballot for community direction. 5. Council may direct staff to notice and bring back ordinance for Council consideration. MS:kv File: MNucs 41 Marjorie Mackey, Mayor and City Council Members City of Atascadero Atascadero CA 93422 March 3, 1987 Dear Mayor Mackey and City Council Members: This constitutes a request for your consideration of a City ordinance. As explained below, attached to this letter Is a draft of such an ordinance, as it might be appropriate to our City. This follows several months of research into similar ordinances enacted by other cities across America. 1 request that the City of Atascadero enact an ordinance, to In essence declare by whatever means necessary to effect Its intent , the area within Its borders to be a Nuclear Weapon Free Zone (-NYYF_Z) . This request is made on the basis of only one moral consideration :t3f`1lftTue world peace and . freedom from violence will ultimately be achiev' by the Kremlin, nor by Congress, but rather when enough courageous_ individuals decide in their own hearts to personally make peace their way of_ life. ALkaa�cY+le$PaAr-g , Zae {NNIFyVZ: g ,�sse,nl�. �. . as a city) declared off—limits to the arms race. Probably the most widely accepted definition for a Nuclear Weapon Free Zone Is: "Any well—defined • geographical area, regardless of size, In which no nuclear weapons shall be produced, transported, stored, processed, disposed of, or detonated. Neither shall any facility, equipment , supply, or substance for their production, transportation, storage, processing, disposal , or detonation, be permitted within its borders." Many titles have for a long time forbidden the transportation or storage of radioactive materials or the storage of radioactive waste, and a large number of cities have made formal proclamations opposing nuclear weapons. But the first actual ordinance against nuclear weapons was passed only four years ago, although since then , many cities have joined suit : more than 13 million Americans now live in one of 150 such legally recognized zones in the U.S. , including two complete counties here in California. There are nearly 4,000 locally—declared Nuclear Free Zones in 24 countries around the earth, Including seventeen entire COUNTRIES which have declared all territory within their borders as a Nuclear Weapon Free Zone. Many cities (such as Chicago, Tacoma Park, Portland, Seattle, and others) require written certification of non—involvement with nuclear weapons contracts before the city will even consider a bid. Because of such pressures from such cities, several contractors have terminated their weapons contracts. Such an ordinance therefore has not only a symbolic gesture, but also carries an actual economic impact , by the restriction of bids from weapon—involved corporations. J rf Ltr to Atasc City Council re NWFZ — Page 2 You may have questions about the legality of such an ordinance. A common misconception is that such ordinances are preempted by the exclusive power of federal government to provide for the national defense. The Lawyers' Committee on Nuclear Policy has stated that where NWFZ laws are drafted carefully so as to articulate clearly local reasons for the adoption of the legislation (for example, to ensure the moral integrity of the local citizenry, and/or to promote sound economic development by relying on a non—military economy that Is not subject to the whims of Congress) , then the law should be found constitutional . Several recent U.S. Supreme Court decisions also indicate that , absent the clearest expression of intent by the Congress, mere inconsistency with national policy does not invalidate a local or state law adopted pursuant to the jurisdiction's traditional police power authority. That is, unless Congress passes legislation that Specifically preempts local NWFZ laws, such local laws should be upheld and are fully enforceable by local police powers;: Dwight D. Eisenhower said that "people In the longgrrun are going to do mxore to promote peace than our government — one of these days government better get out of their way and let them have It!'.- . The time has come for us to say "no, not here In Atascadero; not in our name". I have attached a sample draft ordinance, based on several verified ordinances from other cities. I would be happy to share more NWFZ Information with you, assist In any additional ordinance research or drafting, serve on a NWFZ committee at the pleasure of the Council , and/or speak with you In person, should you so desire. I do wish this issue on the agenda as a public discussion item. If you wish NOT to consider this request at all , then please apprise me of all alternative options (for example, how many signatures by petition it would take to effect an Initiative to have the citizens of Atascadero consider it) . In any case, I would appreciate a response to this request . have avoided moralizing, trusting that we all place a high priority on efforts toward world peace. While you can (and should) judge this issue solely on its own merit , I must say that , as regards the horror of nuclear weapons and the feasibility of the genocide of the human race, I do know whereof I speak. I sincerely thank you for your time and consideration in this matter. John Bartelt, PhD (former U.S.A.F. Nuclear Weapons Specialist) P.O. Box 2225 Atascadero CA 93423 Attachments: Draft NWFZ ordinance; sample ordinances from other cities. . cys: Bonita Borgeson, Wayne Handshy, Marjorie Mackey, George Molina, Barbara Norris. into cys: Carl Hysen (County Supervisor) , Atascadero chapters or members of various local peace groups, and news agencies. PROPOSED NUCLEAR WEAPON FREE ZONE ORDINANCE City of Atascadero Drafted by John Bartelt , PhD Proposed to the City Council in March, 1987 1. Title. 2. Purpose. 3. Findings. 4. Policy. 5. Purchasing and Contracting. 6. Nuclear Weapon Free Zone Committee 7. Investment of City Funds. 8. Exclusions. 9. Violations and Penalties. 10. Definitions. 11. Notification. 12. Severability. 1. TITLE Ordinance". 2. PURPOSE The purpose of this ordinance is to establish the City of Atascadero, California as a nuclear weapon free zone, prohibiting nuclear weapons and/or their production, transportation, testing, development, or research, within the city limits. 3. FINDINGS It is the finding of the Mayor and Council of the City of Atascadero, California that : (a) whereas nuclear weapons cannot be used without indiscriminately killing civilians and violating accepted international laws of war and the Nuremberg Principles, and (b) whereas nuclear weapons production, in the United States and in other countries, is draining the world's resources and presenting humanity with an ever—increasing threat of nuclear war , and (c) whereas the emphatic expression of our community, along with communities throughout the world, can help initiate steps by all nuclear weapons powers to end complicity with the escalation of the arms race and the proliferation of nuclear weapons , and Sample NWFZ Ordinance — Page 2 of 5 (d) whereas the failure of governments of nuclear nations to reduce or eliminate the risk of nuclear war requires that the people themselves, and their local representatives, take such action, SO THEREFORE the City of Atascadero finds that , THE CITY OF ATASCADERO BE ESTABLISHED AS A NUCLEAR WEAPON FREE ZONE. 4. POLICY: ATASCADERO SHALL BE ESTABLISHED AS A NUCLEAR WEAPON FREE ZONE (a) The production or storage of nuclear weapons, or any equipment , components, supplies, or substance used for the production of nuclear weapons or for their testing, ,-'rRxearch, or development , shall not be allowed in the City of Atascadero. (b) No nuclear waste shall be stored withift*'rT1**i ity. (c) No research furthering nuclear weaponseve opment shall be conducted within the City, subject to rights guaranteed under the First Amendment to the U.S. Constitution. (d) The City of Atascadero shall not knowingly do business with, or Award__aaY .�i t�.act .ta .;,8ny.�,p.ersa; ; ;�3-ArganIzatIon engaged in the production of nuclear weapons or components. 5. PURCHASING AND CONTRACTING (a) The City of Atascadero and its officials, employees, or agents, shall not knowingly and intentionally grant any award, contract , or purchase order, or purchase goods, materials, supplies, or services, either directly or indirectly, to any nuclear weapons contractor . (b) All City bid awards shall be denied to companies knowingly engaged In the research, development , production, or testing of nuclear warheads, nuclear weapons systems, or their components. (c) Contracts and agreements held by the City In violation of this ordinance prior to the effective date of this ordinance may be allowed to expire, but shall be renewed only under the terms of this ordinance. L d Sample NWFZ Ordinance — Page 3 of 5 (d) The City shall at least annually obtain, from any reputable clearinghouse of nuclear weapons information (such as Nuclear Free America in Baltimore) , an updated list of major nuclear weapons producers and contractors. That list of major nuclear weapons contractors shall be distributed to City officials, employees, and agents, as a guide in the implementation of this section. Said list shall function as a guide, and shall not be construed to be complete or binding in and of itself. (e) Exceptions: The provisions of this section may be waived by the City Council If the City Administrator advises after diligent search that a necessary good or service cannot reasonably be obtained from any source other than a nuclear weapons producer. 6. NUCLEAR WEAPON FREE ZONE CTEE . The Atascadero Mayor and City Council may, If they so desire, appoint a committee of administrative officials and dedicated citizens, to oversee the Implementation ��o[f this � ordinance, and to resolve any questions or �AAhISAI64LU0 ♦•IIIA u-AAL4r.'w,w.: _-I&.i.,mL`caKAika_kY.lQi.L1.L";.Lkft _ n s i s t of seven (7) Atascadero residents, with some collective experience in the following areas, science, research, finance, law, peace, and ethics. Committee members may serve two—year terms, with the exception that three (3) of the initial appointees may serve one—year terms. The Committee may appoint its own chair, and establish its own bylaws, both subject to approval by the Mayor and Council . The Council and the Committee may elect to broaden the scope of the Committee to include all (or at least other) areas of social responsibility as well , but such a committee would at least be responsible to, (a) review all work, and any proposed contracts, awards, purchase orders, or Investments within the City, which It has reason to believe Is not in compliance with this ordinance, and make recommendations as appropriate to the Mayor and Council regarding penalties for violations of this ordinance; (b) provide public education and information on issues related to the Intent and purpose of this ordinance; (c) prepare an annual report for the City Council , to include an updated list of nuclear weapons producers to guide City agents in the implementation of this ordinance; (d) review for possible reasonable alternative sources for necessary purchase or service, before any waiver of the provisions of this ordinance are granted. . Sample NWFZ Zone — page 4 of 5 7. INVESTMENT OF CITY FUNDS The City of Atascadero hereby adopts a nuclear—free investment policy. As of the effective date of this ordinance, no public funds shall be invested In the stocks, bonds, securities, or other obligations of nuclear weapons contractors. 8. EXCLUSIONS Nothing in this ordinance shall be construed to prohibit or regulate the research and application of nuclear medicine, or of fissionable materials for smoke detectors, light—emitting watches, clocks, and/or other applications where the purpose is unrelated to the production of nuclear weapons or nuclear weapons components. No prov44-4*ts of this ordinance shall be construed to intend or direct a viola applicable federal or state laws and regulations. Nothing in this ordinance shall be interpreted to infringe upon the rights guaranteed by the First Amendment to the United States Constitution, nor upon the power of Congress to on 2�nss e ,L�.. -z •s. �ate: % 9. VIOLATIONS AND PENALTIES Businesses operating in Atascadero must be duly licensed by the City licensing authority. Violations of this ordinance shall be punishable by denial or revocation of business license, and as a misdemeanor as defined In the San Luis Obispo County municipal bail schedule. 10. DEFINITIONS "Nuclear weapon" is any device the sole purpose of which is the destruction of human life and property by an explosion resulting from the energy released by a fission or fusion reaction involving atomic nuclei . "Component of a nuclear weapon" Is any device, radioactive substance , or nonradioactive substance, designed knowingly and intentionally to contribute to the operation, launch, guidance, delivery, or detonation of a nuclear weapon. "Nuclear weapons producer" Is any person, firm, corporation, institution, facility, parent or subsidiary thereof , or agency of the federal government , engaged In the production of nuclear weapons or their components. • Sample- NWFZ Ordinance — Page 5 of 5 "Production of nuclear weapons" is the knowing or intentional research, design, development , testing, manufacture, evaluation, maintenance, storage, transportation, or disposal of nuclear weapons or their components. 11 . NOTIFICATION (a) Upon adoption of this ordinance, the Mayor and Council shall present a true copy of this ordinance to the President of the United States, to the Premier of the Union of Soviet Socialist Republics, to the Secretary—General of the United Nations, to the Director of the International Atomic Agency, to the Governor of the State of California, to the United States Senators from California, to the United States Repres'AlV tives representing . Atascadero, to our State Delegates and'"':Xie`ators, to the County Executives of San Luis Obispo, and to the Council members of the cities within San Luls Obispo County. (b) The Mayor and Council of Atascadero, California shall choose a _,- ;�:..�_�! w .•�►r yL3�t:sGsEs a �.nx tmlk�1)I.�ibe sa%a;; she r e 1 n the Union of Soviet Socialist Republics, as the Mayor and Council may deem appropriate, and send a true copy of this ordinance, and a letter urging the chosen town to take similar action. (c) The City shall place and maintain signs reading "Nuclear Weapon Free Zone" at all City limit sign post locations. The signs shall conform with all existing standards and regulations. 12. SEVERABILITY If any portion of this ordinance Is hereafter declared Invalid, all remaining portions shall remain In full force and effect , and to this extent , the provisions of this ordinance are severable. 00 4*1 Oe 096*66 . .. . so 00 00 .. . . . . .. .: . . .... . . .. . . . ... . . . . .. .. . . . . . . . . . . .:. . . ... . . .. . .. . . . . . .. . .. . . .. . ... :: . . ... . . .. .... . . . . . . . . DOT CHART 1 dot - represents the firepower contained in all the aerial bombing by all the combatants during World War II (1939 - 1945) , including the bombs dropped on Hiroshima and Nagasaki: 3 megatons (3 million tons TNT) . 8 dots - represent the firepower contained in the nuclear missiles of 1 Trident submarine: 24 megatons. This is enough firepower to destroy every major city in the northern hemisphere. 61000 dots - represent the explosive power in the nuclear arsenals of the superpowers today: 18,000 megatons. The United States and the Soviet Union share this firepower with approximately equal destructive capability. Detonation of a little more than one square could cause a "nuclear winter". Source: Center for Defense Information, 303 Capitol Gallery West, 600 Maryland Ave. S.W. , Washington D.C. 20024 3/83 . • M E M O R A N D U M TO: City Council May 12, 1987 • VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director !mss SUBJECT: Request of Business Improvement Association for Initiation of a Special Zoning District for the Central Business Dis- trict and an In-Lieu Fee Parking Program BACKGROUND: The attached letter from the BIA has been submitted requesting that Council direct staff to initiate development of a downtown zoning dis- trict together with an in-lieu fee parking program. ANALYSIS: The problems identified by the BIA are real and have been recognized • i.e. , the downtown area is characterized by many small lots but devel- opment standards are the same as for vacant acreage. This has had a chilling affect on new development in that the properties are fre- quently too small to permit development of adequate parking. The attached map shows present zoning in the central area of Atasca- dero, together with a Use Matrix showing the allowed uses within vari- ous zones in the City. In addition to the problems of small lots and inability to meet parking needs on said lots, there is an additional issue of the incompatability of many uses allowed within the downtown. The CR District allows drive-in restaurants, gas stations and other uses which are clearly incompatible to a pedestrian-oriented downtown environment. Hence, in addition to reconsidering site development standards, a central commercial zone should also focus on appropriate land uses to be permitted in the downtown. With respect to parking, BIA suggests the possibility of in-lieu con- tributions as an alternative to providing full parking on site. Staff would suggest that consideration be given to revising the parking standards by one-half for the downtown area with the option made available to developers to provide for a specific per space contri- bution for off-street spaces off site. Achievement of these objectives will require development of new zoning text and a map amendment, either in the form of a new zoning district • or a downtown overlay zone. Staff is recommending as part of the fis- cal year 87/88 Budget under Special Studies as follows: "Complete zon- ing amendment creating downtown commercial district with modification to parking. standards. " This work would entail meetings with the BIA prior to scheduling hearings before the Planning Commission for a rec- • ommendation back to the City Council. The BIA/City/Chamber Committee considered and endorsed this concept at their April 24th meeting. RECOMMENDATION: Initiate proposed zoning amendment as requested by the BIA. HE:ph Enclosures: BIA Communication, dated April 8 , 1987 Boundaries of the BIA Zoning Map Zoning Text Matrix cc: Kirk Pearson, BIA .. int°fin �° BUSINE�S IMPROVEMENT AlOCIATION P.O. Box 1607 j Atascadero, CA 93423 TO: City Council/Planning Commission VIA: Michael Shelton, City Manager FROM: Executive Board, Business Improvement Association (BIA) DATE: April 8, 1987 SUBJECT: Special Zoning District for the Central Business District; In-lieu Parking Fee Program There is a growing awareness that our city lacks a healthy, identifiable downtown. The concept that E. G. Lewis laid out early on in our history has been spread out into an automobile-oriented strip, similar to so many cities that lack identity. There is no doubt that there is a need for convenient, automobile- accessible services, but what we lack at present is an area that is pedestrian-oriented. We need an area we can call the "heart" of the city, an area that has a healthy, diverse mix of cultural , retail , professional , and residential uses in an atmosphere that caters to the individual , rather than . the automobile. The BIA feels that there is a need for a special zoning district that addresses the concerns of our downtown area. This concept is common to many cities. The City of San Luis Obispo's downtown zone, designated as C-C, or Central-Commercial zone, might provide a good framework to use as a basis. The boundaries for such a zone for our city could coincide with the existing boundaries of the BIA. We propose that a zoning district for the Central Business District encorporate the following concepts: * Mixed-Use: with predominantly retail and cultural uses at ground floor; other uses (most business services, residential ) above ground floor * Medium-Rise development with special height restrictions adjacent to the Memorial Building (possibly a graduated scale of * buildings nearest the Memorial Building) * Maintenance of the desirable characteristics of the downtown while accomodating carefully integrated new development * Higher density development * Restriction of incompatible uses (drive-thru restaurants, etc. ) * Revised parking standards to promote more retail uses and more fairly treat uses such as theatres and rest.uarants which have a larger parking demand during off-peak hours * Encorporate an in-lieu parking fee program (see following) to provide funding' for off-street parking areas and improvements A long-range plan for parking is critical to the success of creating a pedestrian-oriented downtown. At present, businesses that might consider locating in the downtown area are stifled due to the stringent parking requirements. Some of our older buildings that give our downtown character (Carlton Hotel , Bowling Alley, etc. ) are prohibited from upgrading due to the lack of options open to them with regard to parking. We propose the development of an in-lieu parking fee program to help offset construction and maintenance costs of off-street parking. The program should be developed in such a way that: * The fees are graduated such that small capital investments, such as changes in use of occupancy, are not penalized as heavily as large capital investments, such as new construction * Portions of the fees may be made on a term basis so that businesses are not discouraged initially from locating in the downtown The Executive Board of the BIA would like to request that the City Council direct staff to begin development of these issues as an overlay of the BIA boundaries, and would like to offer our assistance as may be appropriate. - Respectfully Submitted The BIA Executive Board • • C, • C� i Boundaries of the Atascadero Business Improvement Association ' y • MEETING DATE: d1�I�II�W���iIIII�p ��IU city of San tins OBISPO 1-14-87 PLANNING COMMISSION TAFF REPORT ITEM NU5BER: BY: Michael Multari, Community Development Director 0 SUBJECT: FILE # CR 1234 Revised downtown in -lieu parking fees. SUMMARY RECOMMENDATION: Recommend to the City Council adoption of the revised in -lieu fee program. BACKGROUND: Situation In 1981, the city established a standardized parking requirement for the downtown (Central -Commercial, C -C, zone). The zoning ordinance requires new uses to provide parking when (1) a new building is constructed, or (2) when additions are made to existing buildings, or (3) when a new use replaces another one and the parking requirement is higher than that of the old one. The ordinance gives several options for meeting this requirement, including, of course, by providing parking on-site or by leasing spaces on another nearby property. The ordinance also allows for participation in either a parking district or payment of an in -lieu fee which would be used for centralized, city -provided parking. Neither a parking district or an in -lieu fee program has as yet been adopted by the city. The in -lieu fee program seems particularly practical because there is so little vacant available land downtown and that which is available is quite valuable. Thus, the provision of parking in larger -scale, conveniently -located lots and structures is the most practical approach to addressing parking needs downtown; and, it is, in fact, the one being pursued by the city and business community. (As an aside, bids are presently being solicited for the first of two major city -built parking facilities.) Last spring, the Planning Commission and City Council reviewed an in -lieu fee program which would have required payment of $4000 per parking space. The money would be used to help offset construction and maintenance costs of the city -owned and operated lots and structures. The BIA and others asked the Council to postpone action on the proposal to allow time for consideration of alternatives. The principal ideas for changes were (1) reducing the fees charged to projects involving only a change in occupancy of an existing building versus the fees charged to new construction projects; and (2) a reduction in the standards for certain uses (such as theaters and restaurants) whose current parking requirements are so large so as to make them unfairly bear the cost of providing parking when in fact their parking demand is primarily at off-peak hours. Throughout the summer and fall, the BIA worked with city staff on a variety of options. The proposal before the Planning Commission now reflects in large measure the BIA's recommendation. 0 • 0 Staff Report Page 2 Proposal Summary. The following outlines the principal features of the revised program: 1. Revised Parking Standards A. The parking requirement for theaters and restaurants would have a "cap" of not more than one space per 350 square feet of gross floor area. This could result, in some cases, in a reduction of up to about 50% in the required parking spaces, depending on the configuration of the project. This would make the parking standards easier to meet and the corresponding fees would be more reasonable. This is discussed further below. B. Retail and offices would all have a requirement of one space per 500 square feet gross. Presently, most retail requires one space per 400 square feet, while most offices require one space per 600 square feet. The result of the proposed change would be a slight reduction in the retail standards, making retail somewhat easier to build. Further, and perhaps more significantly, it would make tenant conversions from offices to retail use easier. 2. The Fee Program A. For new construction or additions to existing buildings, $4000 per space plus $1.00 per square foot would be the fee. B. For changes in occupancy only, $1000 per space would be the fee. C. Project proponents would have to pay the $1.00/foot fee with the building permits and would have the option of paying the per space fee as a lump sum payment or amortized payment with interest (with a 20 -year term maximum for fees totally $5000 or greater or with a 10 -year term maximum for fees less than $5000. EVALUATION Revised Parking Standards. The rationale for the revised standards for theaters and food -service businesses is as follows: Patrons of these uses in the evening are in the downtown after principal office hours and after peak parking demand times. Therefore, requiring the full standard for this element of their parking demand is unnecessary as there is usually more than sufficient parking at that time. There are few patrons of the theaters during the day. People going to restaurants during breakfast or lunch are primarily persons who are working or shopping in the downtown anyway. Thus, again, requiring the full parking standard for this aspect of these uses is redundant and unnecessary in this part of the city. The other revised standards would equalize the parking standard for offices and retail in the downtown. This approach has several potential benefits. First, by slightly reducing the retail requirement, it makes retail uses somewhat easier to provide. The • protection of existing retail opportunities and encouragement of new ones are goals of the city for downtown (which are going to be increasingly difficult to achieve as the downtown competes with other retail areas in the city and region). Second, by equalizing office and retail standards, conversion to retail from office is easier. The higher parking requirement for retail has inhibited conversions from office in some cases. • Staff Report . Page 3 Next, from a regulatory standpoint, administration of a zoning ordinance which utilizes a common standard for a wider range of uses is simpler and clearer both from the city's and applicant's standpoints. This approach seems particularly reasonable in the downtown, which tends to function as a unit (somewhat like a mall or shopping center) and for which the usual standards are already reduced. Further differentiations in the standards among similar uses become increasingly subtle, and marginally useful from the standpoint of actually providing parking (especially in light of the goal of keeping the buildings occupied with vibrant, active businesses). From the property owners' standpoint, there is a similar benefit in that a wider range of tenants can occupy an existing building without the concern about payment of fees triggered simply by the change in tenants. This approach would also make new offices bear a somewhat greater proportion of parking costs in the downtown, but not so great as to make the downtown significantly less attractive for this type of use (the parking standards for offices would still be 40% lower than elsewhere in the city). In -lieu Fees. The revised fees appear reasonable and fair. The following tables summarize the likely costs for different types of uses. The first compares the costs of a similar -sized expansion among different kinds of uses utilizing the proposed revised standards. The second shows a "per space" cost for different kinds of uses. (Note that under the proposal, the $1.00/square foot charge must be paid up front and the remainder of the fee can be amortized at different terms depending on the size of the fee. The examples below are calculated at 10 percent interest rate.) TABLE 1 C, EXAMPLE OF A 1000 SQUARE FOOT PROJECT # of Spaces Total Initial Annual Pmt. Type of Project Required Cost Pmt. (Max. Term) Retail Office 2 9,000 1,000 $ 940 (new/addition) Office (new/addn) 2 9,000 1,000 $ 940 Restaurant 3 13,000 1,000 $1,410 (new/addition) Restaurant 3 3,000 0 $ 488 (Change in use) C, • Staff Report Page 4 TABLE 2 COSTS ON A "PER SPACE" BASIS (ASSUMES "WORST CASE") Monthly Cost Total Total Cost Initial Annl.Pmt per sq.ft. Type of Proiect Cost/Space Sq. Ft. Pmt. 20yr/lOyr 20yr/10yr Retail (new/addn) $ 4,500 $ 9.00 $500 $470/650 11.5 �/8 Office (new/addn) $ 4,500 $ 9.00 $500 $470/650 11tW Restaurant $ 4,3;0 $12.43 $350 $470/650 15.0 /11� (new/addition) Restaurant $ 1,000 $ 2.86 $ 0 $117/$163 4�/4 (change in use) A conservative estimate is that at least 10% of the costs of a new commercial project is devoted to supplying parking. Monthly rents in the downtown are estimated to be running between $1.00 and $1.65 per square foot. If we assume a typical case of about $1.20/foot, then monthly costs in parking fees (about 8 - 124/foot for new retail in offices) would generally be 10% or less of the rent . Thus, the fees seem reasonable. Similarly, we can look at the parking fees in terms of total cost per square foot relative to costs of new construction. These would be $9.00/foot for new retail and office. New construction costs have been estimated at about $80/foot, so parking would be about 11% of that cost, which is in line with the usual costs of providing parking on site. The fee proposal also recognizes the difference between a project involving a major capital investment in new building as opposed to the relatively minor investment usually occurring with a simple occupancy change, and distinguishes the fee for these two cases, accordingly. It should also be recognized, however, that the "Leveling" of the parking standards for retail and office use will reduce the number of cases where simple changes in occupancy will trigger the need for more (or less) parking. Income Generation. As noted above, the fees would be used to help offset construction and maintenance costs of the city lots and structures. The earlier program had been estimated to generate about $100,000/year to this end. There is no set amount the in -lieu fee must generate or is expected to generate, however. The revised program would is produce substantially less income (a conservative estimate by the BIA put the number at about $30,000/year, but this seems low). The BIA recommended that the council supplement funds from the in -lieu fee program with a business license surcharge and other revisions to the business license fees as well as by other methods. These are not part of the zoning ordinance change and are not evaluated here. Staff Report Page 5 ALTERNATIVES The commission may recommend approval of the program as proposed or with modifications as deemed appropriate. The commission may continue action on the proposal with direction to staff on what additional information might be useful in reaching a recommendation. While technically the commission may recommend the in -lieu fee not be adopted, it is already prescribed by ordinance and is the only realistic option for meeting parking requirements for many projects in the downtown. FISCAL IMPACT As noted above, the fee system will generate monies to be used to help offset some of the city's parking -related costs. The magnitude of this has been estimated at $30,000/year by the BIA. ENVIRONMENTAL ASSESSMENT • The Community Development Director has reviewed the project and has approved a negative declaration. The initial study is attached. 0 PUBLIC PARTICIPATION As noted above, the city staff has worked closely with the BIA and the proposal largely reflects the BIA's recommendation. However, no formal public meetings or hearings on the fee program has been held since the council meetings last June. OTHER DEPARTMENT COMMENTS The proposal reflects a continued effort of Community Development, Public Works, and Administration. The ordinance has also been reviewed and approved by the City Attorney and Finance Director. RECOMMENDATION Recommend to the City Council adoption of the proposed ordinance, including the revised parking standards and. related in -lieu fee program. ATTACHMENTS: Draft Ordinance • ORDINANCE NO. (1987 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADJUSTING PARKING STANDARDS AND ESTABLISHING PARKING IN -LIEU FEES FOR THE CENTRAL -COMMERCIAL ZONE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The Council makes these findings: 1. The Community Development Director has found that the proposed revised standards and in -lieu fee program will not result in a significant adverse impact on the environment and has approved a negative declaration for same in accordance with the California Environmental Quality Act. 2. Establishment of new standards and parking in -lieu fees is consistent with the general plan and and Goals for Downtown, as explained in the staff reports referenced hereby, and will promote the public health, safety, and welfare. 3. Parking in -lieu fees are development fees, not a tax or special assessment. SECTION 2. Parking Standards. Section 17.42.020(E) of the Municipal Code • is amended to read as follows: E. Parking Requirements: 1. Restaurants, sandwich shops, take-out food, bars, taverns, night clubs, other food service or entertainment establishments, theaters, auditoriums, convention halls, and churches: one-half that required in Section 17.16.060 provided, however, that in no case the requirement shall exceed one space per 350 square feet gross floor area. 2. Dwellings, motels, hotels and bed and breakfast inns: One-half that required in Section 17.16.060. 3. All other uses: one space per 500 square feet gross floor area. 4. In determining the total number of required spaces, all fractions shall be rounded to the nearest whole number. Fractions of .5 or greater shall be rounded to 1; fractions less than .5 shall be rounded to 0. 5. The parking space requirement may be met by: a. Providing the required spaces on the site occupied by the use; b. Providing the required spaces off-site, but within five hundred feet of the proposed use, in a lot owned or leased by the developer of the proposed use; C. Participating in a commonly held and maintained off-site parking lot where other businesses maintain their required spaces; Ordinance No. (1987 Series) Page 2 0 d. Participating in a parking district which provides parking spaces through a fee or assessment program. (This subsection may be satisfied by participation of the underlying property in a parking district by June-3QT- 1996 January 1, 1988. If by that date the underlying property is not participating in such a district, the parking requirement shall be otherwise met) ; e. Participating in an in -lieu fee program as may be established by the City Council. Any parking agreement approved prior to adoption of the parking standards contained in Sections E.1-3 above, may be adjusted to conform with those standards, subject to approval by the Community Development Director and City Attornev: or f. Any combination of subsection E.4.a through E.4.e of this section. The Community Development Department shall be notified of the expiration or termination of any agreement securing required parking. The department shall schedule a public hearing before the planning commission to consider revocation of the use authorization where no alternative location for required parking is provided (Ord. 1050 1 (part). 1985: Ord. 1023 1. 1984: Ord. 1006 1 (part). 1984: Ord. 941 1 (part). 1982: prior code 9203.10(B)) . 0 SECTION 3. In -lieu fee program. Chapter 4.30 is added to the Municipal Code, to read as follows: 4.30.010 Purpose. This Chapter establishes fees in -lieu of providing parking spaces within the Central -Commercial (C -C) zone, as provided in the zoning regulations (Section 17.16 060 and Section 17.42.020). Fees collected pursuant to this Chapter shall become part of the parking fund and shall be used solely for the development or maintenance of parking within the -Central -Commercial zone. 4.30.020 Amount of fee A. New construction. The parking in -lieu fee shall be $4000.00 per vehicle space required by the zoning regulations and not otherwise provided, plus $1.00 per square foot of new construction. B. Addition to existing buildings. The in -lieu fee shall be $4000.00 per vehicle space required by the zoning regulations for the addition and not otherwise provided, plus $1.00 per square foot of the addition. C.Change in occupancy requiring additional parking spaces. The in -lieu fee shall be $1000.00 per vehicle space required by the zoning regulations for the new use and not otherwise provided. The number of spaces required by the change in occupancy shall be the difference between the number required by the new use and the number required by the previous occupancy. • Ordinance No. Page 3 0 (1987 Series) D. The demolition or removal of all or a and its replacement with another structure of -eq of the original -building shall -not be considered of this chapter. However, all floor area in an the original -building building shall be considered an add calculated accordingly. Changes in occupancy wh spaces and which occur in new construction or an final inspection of that new construction or add E. Payment 1. The $1.00 to existing buildings sh permit. 0 ortion of an existing building al or less than the floor area new construction for purposes mount beyond that contained in tion and -fees -shall be ch require additional parking addition within two years of tion shall be treated as new ter. foot fee for new construction or additions at the time of issuance of the building 2. The per space fee for new construction, additions or changes in occupancy may be paid in either of the following methods: a. In a lump sum, prior to the issuance of construction permits for the structure or occupancy for which the parking is required or prior to the issuance of a city business license for the activity for which the . parking is required, if no construction permit is required. For those who have signed parking acknowledgments, the lump sum payment shall be paid no later than January 1, 1988. b. In one installment per year, as provided in an amortization schedule established- y the City Finance Director. The term of said schedule shall not exceed twenty years for fees $5,000 or greater, nor ten years for fees less than $5,000. The interest rate shall be determined by the Finance Director each January for that ensuing year, based on current market rates. The rate offered at the beginning of any amortization schedule shall be fixed throughout the entire payment period. The annual installment shall be due on January 1 (delinquent on February__). The penalty and interest for delinquent Payments shall be as provided for property taxes. Unpaid fees shall become a lien upon the property for which the parking is required. If the installment option is selected, the remaining principal balance may be paid in full at any time without penalty. For any use or structure for which in -lieu fees are to be paid by installment, the first Installment shall be due on the January 1 following issuance of the business license or building permit, but no sooner than January 1, 1988. 4.30.030 Change or cessation of use. Once a property is subject to an obligation for in -lieu parking fees, the following shall apply if the use is changed or discontinued: Ordinance No. (1987 Series) Page 4 A. If a structure is enlarged or a use -is -replaced with a use for which more parking is required according to the zoning -regulations, the -additional parking requirement may be met by -paying additioT nal in -lieu fees, as proyided in Section 4.30.020. B. If a structure is reduced in area, or wholly or partially becomes vacant, or a use is replaced with a use for which less parking is required according to the zoning regulations, there -shall be no change in the obligation for parking in -lieu fees. There shall be no refund of a lump -sum payment no an abatement of installment payments. Once satisfied, the obligation for parking in -lieu fees shall -be deemed to meet the parking requirement for any structure or use in the same location having a parking requirement equal to or less than that forwhichthe in -lieu fee amount was previously determined. C. If a structure is destroyed, upon the property owner's request the city shall refund the lump -sum payment or cancel the obligation for following installment payments. Any future structure or use at the same location would thereafter be required to meet the parking requirement as provided in the zoning regulations, which may include payment of a lump -sum in -lieu fee or commencing at the beginning of the installment payment schedule. D. If a structure isreplacedby a permanent structure intended for uses requiring fewer parking spaces than those in the previous structure, according_ to the zoning regulations, the city, upon the property owner's request, shall refund the difference between the lump -sum payment for the previous structure and the lump -sum 4yment which would be due for the replacement structure or cancel the obligation for the proportionate number of spaces covered by installment payments. 4.30.040 Ownership change; dividing or merging properties A change of ownership or the dividing or merging of properties shall not affect an obligation for parking in -lieu fees or a determination that parking requirements have been met according to fees paid for a particular use. SECTION 4. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least three (3) days priorto its final passage in the Telegram -Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. Is • Ordinance No. (1987 Series � 0 Page 5 � 0 INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the day of , 1987, on motion of seconded by and on the following roll call vote: AYES: _ NOES: ABSENT: ATTEST: City Clerk City Administrative Officer City Attorney Community Development Director Mayor E city of San lues OBISpo In►IIIIIIIILIIiI����j!illlllll�li�l ® INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION C -C Zone APPLICATION NO. 1-87 PROJECT DESCRIPTION Revised parking standards and yina in lieu Lee ,=o=m for the C -C Zone APPLICANT City of SanLuis Ob sM STAFF RECOMMENDATION: X_ NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY rlichaei Pulltar i, Ccmunity Deve' ogmnt Director DATE 1-6-$7 COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE SUMMARY OF INITIAL STUDY FINDINGS 1. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING II. POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS ................................................... NO NO B. POPULATION DISTRIBUTION AND GROWTH .......................................... —. NO C. LAND USE...................................................................... . D. TRANSPORTATION AND CIRCULATION .............................................. TJn E. PUBLIC SERVICES................................................................ NO F. UTILITIES........................................................................ NO G. NOISE LEVELS............................................................ .... NO NO H. GEOLOGIC & SEISMIC HAZARDS & TOPOGRAPHIC MODIFICATIONS .................... I. AIR QUALITY AND WIND CONDITIONS ............................................... tvn J. SURFACE WATER FLOW AND QUALITY ............................................. r,,Y? NO K. PLANT LIFE...................................................................... NO L. ANIMAL LIFE..................................................................... NO M. ARCHAEOLOGICAL/HISTORICAL ................................................... N. AESTHETIC...................................................................... 140 O. ENERGY(RESOURCE USE ......................................................... NO P. OTHER................................................................ ........ 140 111. STAFF RECOMMENDATION 'SEE ATTACHED REPORT . ER 1-87 I. DESCRIPTION The project involves a change in parking standards for the C -C zone reducing the parking requirements for uses such as restaurants, theaters and some retail while increasing the requirements for other uses such as off ices . The project also involves the creation of a parking in -lieu fee for this zone whereby monies can be collected to help offset the city's cost to construct and maintain larger scale, centralized parking structures and lots. II. POTENTIAL IMPACT REVIEW The proposal actually helps to further several city goals including retaining and attracting retail in the downtown, provision of centralized parking in the downtown, provision of centralized parking in the downtown and maintaining the overall economic vitality of the central business district. The most realistic solution to the existing and future parking demand in the downtown is the provision of city -subsidized, larger -scale, centralized lots and • structures. The subject proposal, by providing a funding supplement to the city's efforts, helps improve parking and circulation and, therefore, contributes toward improved parking service in the downtown. The reduction in parking standards could be seen as potentially detrimental in that if parking demand is not adequately provided for, there could be increased congestion (and related energy use and air pollution). However, the subject code revisions would also increase the parking requirement for the most prevalent downtown use, namely offices and so the net effect on. provision of parking will not be significant. Furthe more, the uses for which the greatestreductions are propsed include theaters and restaurants. During peak parking demand, there are few theater patrons and most restaurant customers are people already in the downtown for work or shopping. Evening patrons of theaters and restaurants arrive at off peak times. Therefore, no significant impacts are expected frau the reduced standards. Again, as noted above, the overall programs of the city's providing larger scale parking facilities with the in -lieu fees being used to offset part of the costs of these facilities appears to be the most practical way of addressing parking demand. The parking structures themselves and the ordinance provision for in -lieu fees have been granted negative declarations under earlier environmental reviews. 0 6� CITY OF ATASCADERO j ZONING MATRIX - JUNE 27, 1983 40 A -ALLOWABLE C -CONDITIONAL S -SUBORDINATE H -HISTORICAL *SPECIAL CONDITION LAND USE TIRS' R S F LSF RMF �CN CP CR CS CT CPK IP I L LS P Accessory, Storage _AjjA A JA A A JA A A A A A AlA JA Agricultura , A A il A Accessory I I JA Ag r 1—c-5-1 t u r a 1 A C C A Processing Amusement C C C A A C Services Animal Hospitals A C C A Appareland A A A Finished Products C* JA Vehicle Dea ers A A C A and Supplies Auto Repair C A S A and Services JA 11A Bed and Breakfast ;C C C IC JA JA A A S IC I ASA Broadcasting H H H A A A JA A A A Studios 11H I Building Materials A* A A A A and Hardware C* 1A, f Business Support H H H H A* A* A A A A C Services Caretaker C':1C C C C C C C C C C C- C A Residence Cemetaries C C A Chemical Products I C C ,C Churches and C C C C C C C Related Activities Collection AIA A A A A A A A A A A A A A • Stations 11A 'Concrete, Gypsum, & C C A Plaster Products Contract Constr- A A A tion services JA Crop Production A C A and Grazing Eating and A* A A A A S C C Drinking Places C* Electronic and Scien A*j A A A tific Instruments C*I Farm Animal A A C A Raising JA Farm Equipment A A A A A and Supplies I Farm Labor Quarters Ay-----F— Fin L_n_c�jal Financial A A A S Services Fisheries and C' Game Preserves I i A C LAND USE A RSRSF I LSF RMF CN CP CR CS CT CPK IP I L LS P Food and Beverage A* A* A A S S Retail Sales C* C* IC Food and A C A A A Kindred Products I JA Forestr A C A A Fuel and A A A A A Ice Dealers I Funeral Services A A Furniture and A- All Fixtures C* I I Furniture, Furn- A* A A S ishings & Equipment IC* General Merchandise A* A* A A S S S C Stores IC* I C* il I I Glass Products C C C A ll I Healt Care A A S A Services JA 111 Home Occupation A A JA A A Horticultural A A* A, A A C Specialties C JA Hotels, Motels A JA JA C Indoor Recreation C C S A C Services Kennel A C C C A Laundries and A A A Al Dry Cleaning Plants I Libraries, Museums H H HH A A A A I A A A ig t epair Services 11 1 Livestock A C Specialties -E-umber andC C A Wood ProductsIl Machinery, C C Ai Manufacturing I Mail Or er A A A A and Vending Membership +1 A A A Organizations Metal Industries, C Primary Mining (&Surface) C C Mobilehome C C C Development IC Mobilehome A A A A Dwelling Multiple Family A Dwelling Uttices H H H H A A A S S A Organization C C C C Houses 2 �I [wi i i i LAND USE 3 TS RS9 LSF+RMF CN CP CR CS CT CPK IP I L LS P Outdoor Recreation C C A AIC Paper Products C C AI Paving Materials C C A ir Personal H H H H A* A* A A S S Services C* C* Petroleum C - Extraction Petroleum Refining C11 _& Related Industry I Pipelines A*'* C C C C C C C C C C CIC 1A C* * ilc P 1 astics an C C C Rubber Products i Primary Fami y Housing Public Assembly C C A C C A and Entertainment ecreationa A C C Vehicle Parks Recycling and C C C Scrap i Residential A A A AIA ! A_ Accessory Uses Resi entia A A Care * C* C* IA I Retirement Hotel ic JA Roadside Stands A iA JA A I A JA A A Rural Sports & C C A C Group Facilities Sales Lots---,-- A JA C A A A Schools - Business H H H A A A C CIA and Vocational IH I i Schools C C C IC IIA A A A A A Service Stations C C C A Single Family A A A A A Dwelling IIA 11 Skilled Nursing A* A* A* A A A Facilities C* C* C* A mall Scale A A A A A Manufacturing Social & Service A A A ' I A Or anizations Sports Assembly C C A C Stone & Cut A* A A Stone Products C* JAI Storage Yards A A JAI Structural Clay & C C Related Products JAI Temporary Dwelling A A A A A — — A Tempor_r� Events A A JA A A A A A A A A A I A A Temporary Offices A A A A Temporary or Seasonal AA =It A A A A A A A Sales - LAND USE A RS RSF LSF RMF CN CP CR CS CT CPK IPFIFLFp] Textile Mills C 1C Cl! Transit Stations C C C A and Terminals IC JA ICJICI Utility Service A A A Centers I I JA Utility Trans- A A A A A A A A A A A AIA mission Facilities IIA IA JAI Vehicle and C C C C Freight Terminals Vehicle and A A A A A Equipment Storage Warehousing C C A A -Wholesaling and A A A A Distribution ZONING DESCRIPTIONS =acs A - AGRI-CULTURE ZONF� RFsTnPNTTAT SiTRTTRRAN 7QNF $ ss+O1liCEl4NE .'lye _ _RS_F —-RESZDENTIAL__S-MGLE FAM_TLY 7.ONE 2%2 LSF_- LIMITED_REST_DENTI-T AL _S.INGLEAMILY_RES-IDENTIAL ZONE ��o°�pG<RMF_RESIDENTIAL-MULTIPLE-.FAMILY-ZONE (:j et, teT� CN-_ COMMERCIAL NEIGH$-OR1i00DZON= _ __._CP_-SOMMECTAT_;___PRI FES TONAL ZONE _____CR _-_COMMERCIAL_._RETAIL_ZONE_ CS ----.-.COMMERCIAL -SERVICE--ZONE - .__CT-_-_COMMERCIALSOURLS_T- _ZONE ---_-----CPK __COMMERCIAL PARK. ZONE _-.INDUS.TRIAL_PARKZONF_. _-----__I-_ - __.INDUS TRIAL_ZONE - T - RECREATION -..ZONE _._._LS - SPECIAL._-RECREAT_LONZONE ---_,'P — _PUBLIC__ZONF 4 0 • MEMORANDUM To: Honorable Mayor and City Council Through: Michael Shelton, City Manager NIE v AG7NOA From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject: Undergrounding of Utilities -Boundary -Enabling Ordinance Date: May 4, 1987 f Recommendation: The Undergrounding Committee recommends that Council direct staff to bring back an enabling ordinance __allowing the_ City to foxm--a- district boundary an to spend available P G---& mounds. Additionally, tIFe--mmi twee recommends a boundary that approximates the Downtown B.I.A. boundary as the area to expend approximately $700,000 for undergrounding of power lines. • Backround: Since the establishment of the Undergrounding Committee on November 24, 1986 the committee has met four times. Four areas have been selected for consideration for undergrounding in the following priority ranking: Downtown (B.I.A.), Hwy. 41 South (Morro Rd.), South E1 Camino Real (south of Curbaril), and North E1 Camino Real (north of Rosario) . The top priority area, the Downtown B.I.A. area was studied by P G & E to decide if part or all of this area could be undergrounded within the allotted funding. P G & E reported back at the April 28th meeting that area would use approximately $700,000 of the $730,000 available up to 1989. The area is delineated on the attached map and is bounded by E1 Camino Real on the South, Olmeda Ave on the North, west of Traffic way on the West, and Atascadero Creek on the East. Discussion: The Council is asked to direct staff to bring back an enabling ordinance ,patterned after the one attached, at the May 26 Council meeting for their consideration. Upon ordinance adoption and completion of design, a noticed public hearing will be held; neighborhood meetings held (as necessary), after which council will be requested to adopt a final resolution setting the boundary and mandating undergrounding of utilities. The above area is approximate • but will enable the individual utility companies to design the new system and to estimate the costs more accurately. Council is asked to approve the general boundary so that the utilities can begin their design. 9 0 Design is anticipated to take approximately 3 months, biddin month, and construction 6 months. Three (3) to 6 months is needed clear the old lines before shutting down the old system. Therefore, the process will take at best 15 months from June 1. Thus, the target completion date is September 1, 1988, Fiscal Impact: The undergrounding project is budgeted in the Capital Improvements Budget and relys on the revenue set aside for use by Atascadero from the rate structure imposed upon the users. Approximately $730,000 is available ahead to 1989. The City can borrow ahead until that time but if the funds are not committed by that time they will be shifted to other projects in other communities. • 40 c, •lt1A J O j�l� . ir.•ir / 1 Q 1§ � 1� 13 `! OL EDA + t �\ j AVE' :� rolJel, :a,� r1Jr t Y.MY )IJi r t 11+ 11 n _1 k S e.psea 'caa..i LEWIS t , .ws.w:v �� M .� •, rx AVE C \e )n ••' " H.-.. t-« i r�ss..- tt. AVE' lii..a.>.! ` f i:0 f�erea-sees •In+e•••b, s i:. ••op5\$ a AVE 9 t ! �r-•�.c:c. ...cn.� , �y KGs 11 AIA YY'' JJ 11♦0 ; = O r'r Qrb +TVi )VN R_E4L y �Y� �.'J ,i;y- }t~ ;" 5j ='1 , ,i„ ti 3 b �kri ws/>(/e.la>s-w i✓� I3 i' Sen 2dA AND C kz.YrirDc-�0 COAST V/:LLE)'S DIVISION � SG:.LE L 77/771 UR yi 777 d NO,re ( +r7u�ra11ILH — ER MVTuRr—�3ii� . z.4Z '"-I"Ie- mmm 0700•-io onnnnomnnr ■C , L.C- >>> SST :r =r G�nUo -a=r 0 M =4 ono+=' moon so m m 0 Z;G CLa� n A 2237 ' a o 3 N y o o a y 3 'n ^ y x u ° z --1 cn m a,2 ' r 1 i! to to•��<> Q7 •T1 a n N � ^� 4��". • i -i c v' c o p T r" N n� !? o d o ry �� n c N o °' '� S r -n (i n (!1. S m ;; ,^> >• x m Qo = o 'o o. �-- n �^—y ?. (� a c F J�ii r.�. i }�l 'Vr�, 'v :� 3 0 °_ i�- o 0 to G =r o a :; .rR�v�•rti �.s. ` f � F", n � � �, � ` � '•" o � c ,,. ? o ; A � � n 3 = 0 ORDINANCE N0.___________ 9 AN ORDINANCE OF THE CITY OF ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDER- GROUND UTILITY DISTRICTS. - BE IT ORDAINED BY THE COUNCIL OF THE CITY _____________, AS FOLLOWS: Section 1 DEFINITIONS Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall.have the respective meanings assigned to them in the following definitions: (a) "Commission" shall mean the Public Utilities Commission of the State of California. (b) "Underground Utility District" or "District" shall mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 3 of this ordinance. (c) "Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees. (d) "Poles, overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, . braces, transformers, insulators, cutouts, switches, communication 14 0 0 circuits, appliances, attachments and appurtenances located above -ground within a District and used or useful in supplying electric, communication or similar or associated service. (e) "Utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. Section 2 - PUBLIC HEARING BY COUNCIL ------------- -- ------- The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten (10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. 15 01 • *I Section 3 - COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. Section 4 - UNLAWFUL ACTS Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 3 hereof, it shall be unlawful for any person or'utility to erect, 16 • 0- � construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the District after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 9 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this ordinance. Section 5 -EXCEPTION,, EMERGENCY OR UNUSUAL CIRCUMSTANCES Is Notwithstanding the provisions of this ordinance, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without authority of the Council* in order to provide emergency service. The Council* may grant special permission, on such terms as the Council* may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or; operate poles, overhead wires and associated overhead structures. *If the City prefers, this could be the Director of Public Works or some other appropriate city official. • 17 Section 6 - OTHER EXCEPTIONS ----- ---------- This ordinance and any resolution adopted pursuant to Section 3 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities: (a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineers. (b) Poles or electroliers used exclusively for street lighting. (c) Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. (d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street. 18 • i (f) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services. (g) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts. (h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. Section 7 - NOTICE TO PROPERTY OWNERS ------ ---------- ------ AND UTILITY COMPANIES Within ten (10) days after the effective date of a resolution adopted pursuant to Section 3 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the District created by said resolution of the adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. 19 • • • Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 3, together with a copy of this ordinance, to affected property owners as a such are shown on the last equalized assessment roll and to the affected utilities. Y 9 a t Section 8 — RESPONSIBILITY OF UTILITY COMPANIES If underground construction is necessary to provide utility service within a District created by any resolution ' adopted p pursuant to Section 3 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission. (a) Every person owning, operating, leasing, occupying or renting a building or structure within a District shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 8 and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 3 hereof, the City 20 • Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten (10) days after receipt of such notice. (b) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of ------------------- If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty- eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises. • 21 (c) The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty (30) days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. (d) If upon the expiration of the thirty (30) day period, the said required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests 22 • against the assessment of the cost of such work upon such premises, which said time shall not be less than ten (10) days thereafter (e) The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time.and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. . (f) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there by any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each of said properties on which • 23 • • the assessment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six per cent (6X) per annum. Section 10 - RESPONSIBILITY OF CITY City shall remove at its own expense all City -owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 3 hereof. Section 11 - EXTENSION OF TIME --------- -- ---- In the event that any act required by this ordinance or by a resolution adopted pursuant to Section 3 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. 24 0 • Section 12 - PENALTY It shall be unlawful for any person to violate any provision or.to fail to comply with any"of the requirements of this ordinance. Any person violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be deemed guilty of -a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this ordinance. Section 13 - CONSTITUTIONALITY ----------------- If any section, sub -section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have adopted the ordinance and each section, sub -section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub -sections, sentences, clauses or phrases be declares invalid. 25 • • Section 14 - PUBLICATION The City Clerk is hereby directed to cause this ordinance to be published by one insertion in the 1 a newspaper of general circulation printed, published and circulated in City and hereby designated for that purpose by the Council. Section 15 - EFFECTIVE DATE This ordinance shall take effect and be in force thirty (30) days from and after its adoption. This ordinance was introduced and read on the -------------- day of ________________� 19___, and passed and adopted on the day of ________________1 19____, by the following vote: AYES'----------------- NOBS;---------------- ABSENT: --------------- ATTEST: ---------CL--B-- RR ---- CITY 26 --- ---------------- MAYOR WE AGzNDA • DATc�iTEM M E M O R A N D U M TO: City Council May 12, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director K SUBJECT: A Report to City Council Relative to Clarifying 20,000 Square Foot Minimum Lot Size Requirement BACKGROUND: At the City Council's meeting of April 26, 1987, Council requested that staff report back on the matter of minimum lot sizes required in the LSF -X and RSF-X Single Family Residential Districts. In amending the minimum lot size in such zones from one-half acre with sewer to 20,000 square feet, the Council had intended to establish a net ac- reage standard, i.e., 20,000 square feet minimum excluding street rights-of-way whether owned or not owned by the abutting owner. Sub- sequently, lot splits have been received which "net" to less than 20,000 square feet when roads are excluded. The Planning Commission is recommending to the Council that the General Plan and related zon- ing language be amended to establish a net density standard as part of the next cycle of amendments. ANALYSIS: The General Plan of the City currently states as follows with respect to minimum lot area (page 58): "8. In the calculation of lot area for the purposes of con- sidering land divisions and in determining permitted numbers and types of animals allowed, gross acreage shall be used. However in determining permitted densities for multiple fam- ily residential developments, net acreage (excluding land area needed for streets rights-of-way) shall be used." In reviewing this language with the City Attorney, the opinion was given that the Council could consider a zoning text amendment to tighten up the language with respect to minimum lot size on 20,000 square foot lots. The normal process for a zoning text amendment would be to refer the matter to the Planning Commission for study and public hearing and then forward a recommendation to the City Council for first and second reading with an effective date thirty-one days thereafter. 0 • The Council also has the option of adopting clarifying language as an urgency ordinance which is permitted pursuant to Section 65858 of the • Government Code (see attached). This language allows for adopting on a four -fifth vote an urgency ordinance which is effective for forty- five (45) days, and which permits subsequent extension for ten months and fifteen days pending conclusions of ongoing studies pertinent to the issue at hand. As noted, the Planning Commission will be recom- mending to the City Council on the matter of establishing a tighter definition of net minimum lot size in residential districts. A draft urgency ordinance reciting requisite findings changing the zoning text is enclosed for Council's consideration. ALTERNATIVES: The following alternatives are available to implement a net acreage lot size standard: 1. No action - in anticipation of receipt of a recommendation from the Planning Commission to initiate this change in both the gen- eral plan and zoning as part of the current General Plan cycle. 2. Initiate a conventional zoning text amendment to be referred to the Planning Commission, or 3. Adopt the attached��Vo� dinance No.15 p , which would go into immed- iate effect and preclude approving any future parcel maps or tract maps in LSF -X or RSF-X zones which contain lots proposed to be less than 20,000 square feet after streets have been deducted from the acreage. HE: ph Enclosures: Draft Ordinance No. 152 Government Code Excerpt Section 65858 0 REV. 5/11/87 ORDINANCE NO. 152 AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 9 ZONING REGULATIONS BY CLARIFYING THE MINIMUM REQUIRED LOT SIZE IN THE LSF -X AND RSF-X DISTRICT AS REQUIRING A NET MINIMUM LAND AREA OF 20,000 SQUARE FEET WITH SEWER (EXCLUDING LAND AREA NEEDED FOR STREET RIGHTS-OF-WAY WHETHER PUBLICLY OR PRIVATELY OWNED) WHEREAS, Section 65858 of the Government Code authorizes the adoption by local legislative bodies of interim ordinances as,urgency measures to protect the.public safety, health and welfare; and WHEREAS, said ordinances may be adopted as urgency measures pro- hibiting actions which may be in conflict with a contemplated zoning proposal which the legislative body, Planning Commission or Community Development Department is considering, or studying, or intends to study within a reasonable time; and WHEREAS, the City is presently studying amendments to the City's General Plan and zoning regulations to clarify definitions of minimum lot areas required; and WHEREAS, the City Zoning Ordinance Sections 9-3.154 and 9-3.164 were recently amended (Ordinance 145) to reduce minimum lot size in the RSF-X and LSF -X districts to 20,000 square feet with sewers; and WHEREAS, said revision was a reduction from one-half acre minimum lot size to eliminate disputes as to credit for fee ownership of roads with the objective of setting a minimum net lot area of 20,000 square feet in these districts where sewer is available regardless of ownership of said fee title to the roads; and WHEREAS, applications for the subdivisions of land with lot sizes of less than 20,000 square feet net have been submitted contrary to the City Council's intent; and WHEREAS, such urgency measures shall require a four-fifths vote of the legislative body for adoption. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. 0 2. The proposed code amendment is in conformance with Section 65800 et seq of the California Government Code concerning - zoning regulations. The proposed zoning text amendment will not have a significant adverse effect on the environment. Preparation of an Environ- mental Impact Report is not necessary. • 3. That there are pending applications for subdivisions of land in conflict with general plan and zoning changes being studied. 4. That further study is necessary to determine what legislation, if any, is proper for the protection of the public health, safety and welfare. 5. That there is a current and immediate threat to the public health, safety, or welfare, and that the approval of addition- al subdivisions inconsistent with the zoning text changes pro- vided for herein, would result in a threat to public health, safety, or welfare. Section 2. Zoning Text Change. That the chart in Section 9-3.154 Minimum Lot Size in the Resi- dential Single Family zone and 9-3.164 Minimum Lot Size in the Lim- ited Residential Single Family Zone shall be changed to read as fol- lows in relation to the Symbol X: SYMBOL MINIMUM LOT SIZE X 20,000 square foot net area (excluding land area needed for street rights-of-way whether publicly or privately owned) with sewer; half acre net area (excluding land area needed for street rights-of-way whether publicly or privately owned) where sewer is not available. Section 3. Beginning on the effective date of this ordinance and for a forty- five (45) day period thereafter, no permit for a subdivision of land shall be approved or granted by the City except as provided in Section 2. above. Section 4. This ordinance is adopted under Government Code Section 65858. Section 5. The City Council hereby declares that this is an urgency ordinance necessary to preserve the public peace, health and safety due to the facts set forth above. Section 6. This ordinance being an urgency ordinance for the immediate pro- tection of the public safety, health and general welfare, containing a declaration of the facts constituting the urgency and passed by a four-fifths (4/5) vote of the Council shall take effect immediately upon its adoption. � 0 � 0 • Section 7. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of.this ordinance, and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. On motion by and seconded by the foregoing ordinance is hereby adopted in its en- tirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community De lopment Director CITY OF ATASCADERO, CALIFORNIA MARJORIE R. MACKEY, Mayor 0 0 • ORDINANCE NO. 152 AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 9 ZONING REGULATIONS BY CLARIFYING THE MINIMUM REQUIRED LOT SIZE IN THE LSF -X AND RSF-X DISTRICT AS REQUIRING A NET MINIMUM LAND AREA OF 20,000 SQUARE FEET WITH SEWER (EXCLUDING LAND AREA NEEDED FOR STREET RIGHTS-OF-WAY WHETHER PUBLICLY OR PRIVATELY OWNED) WHEREAS, Section 65858 of the Government Code authorizes the adoption by local legislative bodies of interim ordinances as urgency measures to protect the public safety, health and welfare; and WHEREAS, said ordinances may be adopted as urgency measures pro- hibiting actions which may be in conflict with a contemplated zoning proposal which the legislative body, Planning Commission or Community Development Department is considering, or studying, or intends to study within a reasonable time; and WHEREAS, the City is presently studying amendments to the City's General Plan and zoning regulations to clarify definitions of minimum lot areas required; and • WHEREAS, the City Zoning Ordinance Sections 9-3.154 and 9-3.164 were recently amended (Ordinance 145) to reduce minimum lot size in the RSF-X and LSF -X districts to 20,000 square feet with sewers; and WHEREAS, said revision was a reduction from one-half acre minimum lot size to eliminate disputes as to credit for fee ownership of roads with the objective of setting a minimum net lot area of 20,000 square feet in these districts where sewer is available regardless of ownership of said fee title to the roads; and WHEREAS, applications for the subdivisions of land with lot sizes of less than 20,000 square feet net have been submitted contrary to the City Council's intent; and WHEREAS, such urgency measures shall require a four-fifths vote of the legislative body for adoption. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposed zoning ordinance text amendment proposes stan- dards consistent with the General Plan. • 2. The proposed code amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations. • 0 3. The proposed zoning text amendment will not have a significant adverse effect on the environment. Preparation of an Environ- • mental Impact Report is not necessary. 4. That there are pending applications for subdivisions of land in conflict with general plan and zoning changes being studied. 5. That further study is necessary to determine what legislation, if any, is proper for the protection of the public health, safety and welfare. Section 2. Zoning Text Change. That the chart in Section 9-3.154 Minimum Lot Size in the Resi- dential Single Family zone and 9-3.164 Minimum Lot Size in the Lim- ited Residential Single Family Zone shall be changed to read as fol- lows in relation to the Symbol X: SYMBOL MINIMUM LOT SIZE X 20,000 square foot net area (excluding land area needed for street rights-of-way whether pri- vately owned or not) with sewer, half acre where sewer is not available. - Section 3. • Beginning on the effective date of this ordinance and for a forty- five (45) day period thereafter, no permit for a subdivision of land shall be approved or granted by the City except as provided in Section 2. above. Section 4. This ordinance is adopted under Government Code Section 65858. Section 5. The City Council hereby declares that this is an urgency ordinance necessary to preserve the public peace, health and safety due to the facts set forth above. Section 6. This ordinance being an urgency ordinance for the immediate pro- tection of the public safety, health and general welfare, containing a declaration of the facts constituting the urgency and passed by a four-fifths (4/5) vote of the Council shall take effect immediately upon its adoption. r� • Section 7. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of -this ordinance, and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. On motion by and seconded by , the foregoing ordinance is hereby adopted in its en- tirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA MARJORIE R. MACKEY, Mayor • ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: lAz. HENRY ENGEN, Community evelopm t Director 0 GOEfzNM6t-1T CODEW_XCE4l:P1- • Cwmission revieyi of legislative body's changes _Urgency measure: Interim zoning ordinance (effective until 1,/1/89) (Amended by Stats. 1984, Ch. 1009.) 65857. The legislative body may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed ordinance or amendment by the legislative body not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the legislative body, shall be deemed to be approval of the proposed modification. (Amended by Stats. 1973, Ch. 600.) 65858. [Text of section operative until_ �n., , (a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any such extension shall also require a four -fifties vote for adoption. Not more than the two such extensions may be adopted. (b) Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may by a four- fifths vote extend the interim ordinance for 22 months and 15 days. (c) The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains a finding that there is a current and immediate threat to 107- 0- 0 is • 0 Repealer Urgency measure: Interim zoning ordinance (operative 1/1/89) • the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare. (d) Ten days prior to the expiration of an interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (e) When any such interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance or any extension of the - ordinance as provided in this section. This section shall remain in effect only until January 1, 1989, and as of such date is repealed, unless a later enacted statute, which is chaptered before January 1, 1989, deletes or extends such date. (Amended by Stats. 1982, Ch. 1108; Stats. 1984, Ch. 1009.) Note: Stats. 1982, Ch. 1108, also reads: SDC. 2. 65858. [Text of section operative January 1, 1989.1 Without following the procedures otherwise required preliminary to the adoption of a zoning ordinance, the legislative body, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect four months from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for eight months and subsequently extend the interim ordinance for one year. Any such extension shall also require a four-fifths vote for adoption. Not more than the two such extensions may be adopted. is Alternatively, an interim ordinance may be 108 �J • MEMORANDUM To: Honorable Mayor and City Council a ' �-_'."DA DR, '2' 7-1 : Elk 0-1 21- Through: Michael Shelton, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject: Traffic Study Proposals-Atascadero Creek Bridge Date: May 5, 1987 Recommendation: The City/School Committee reccommends that Council accept the ARE, Inc. proposal for the Traffic Circulation Study and Impact Mitigation Analysis for the Atascadero Creek Bridge. Backround: Council authorized staff to proceed with requests for proposals for the above project on Feburary 23, 1987. Proposals were originally . accepted on March 16, but no entries were received. The scope of services was slightly adjusted with respect with the origin - destination portion of the study and proposals were again sought on April 15. Discussion: Two proposals were received, both of which adhered closely to the scope of services. Both consultants were well qualified and offered Prompt response to our needs. Both firms have excellent references and resourses and are able to supply adequate insurance protection. Following is a summary of the proposals: Consultant: ARE,Inc-Scotts Valley ATE, -Santa Barbara Cost: $5,000 $11,050 Time: 60 days 75 days Man-hours: 154 230 Fiscal Impact: The budget for the design and right-of-way and impact mitigation is currently $101,000. This portion of the preliminary design was targeted at approximately $5,000. The proposal from ARE, Inca is recommended by Staff as the best proposal and the least costly selection. It should be understood that this is the first step in a long process to make the bridge a reality and that upon completion • staff will be recommending -to Council to request proposals for the structural design of the bridge. EET'N i AG�NO .•+r"" MEMORANDUM Y • TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sensibaugh, Director of Public Works SUBJECT: Bridge over Atascadero Creek at or Near Lewis Avenue DATE: February 18, 1987 Y' u Recommendation: The City/School Committee recommends that the City proceed :.with a Request for Proposals for a Traffic Circulation Study and ..an Impact Mitigation Analysis for a new bridge over 'Atascadero Creek as called for in the General Plan. Staff concurs with that s recommendation. Staff further recommends that Council �,Iirecofwith the congent of AUSD, the City/School Committee 4d a.consultant and,6review any reports regarding the feasibity the bridge. Background: • The "Lewis -Avenue Bridge" has been discussed for many years and is included in the General Plan of the City. The City imple- mented a Lewis Avenue Development Fee within the BIA area bound- ary in April of 1985. The 1986-87 budget includes a line item -for the Lewis Avenue Bridge with the thought of doing a traffic study and pre -engineering. The traffic study was to tell the impact of the bridge on the schools and nearby intersection with collectors and arter- ials. The preliminary engineering would provide bridge type, right-of-way appraisals, rough line and grade, the location of a walk bridge, and cost estimates. Discussion: Prior to entering into a consultant agreement for the design of 'the structure questions must be answered about the feasibility of the connecting structure. The AUSD is aprehensive about opening up Lewis Avenue schools to the Santa Ysabel- Capistrano traffic and would prefer a Palma Avenue alignment. The City staff favors a Lewis Avenue alignment for directness of route, less right-of-way cost and access to a potential future development agency. It should be noted here that the School owns the property along Atascadero Creek that will be spanned. q IR The City School Committee recognizes the need for a, joint effort in solving anticipated problems and has asked to be the C body to select the Consultant and review studies or reports that come out of this action. City staff has prepared a Request -For -Proposals (attached) that has been endorsed by the City/School Committee. Addition— ally, the City and Schools have jointly selected three (3) firms to invite to submit proposals. Namely, they are Associated Transportation Engineers; ARE, Inc.; and Gerald Skiles. k X Fiscal Analysis: 3' -' .The City has budgeted $101,750 in the "Lewis Avenue" bridge # line item. This money was to be the start of the traffic �.•*_ ­,Ianalysis/preliminary engineering that must occur for the project to proceed. Only a portion, approximately $5,000 will probably �= go to the traffic analysis. The remainder will go to engineering and right-of-way, or into the project account. ? " ,_`..The revenue to support the appropriation is being derived from the Bordeaux House project. If this money is used as anti- cipated, the Lewis Avenue Bridge Development Fee will be reduced from $1.93 to $1.63/sq.ft. of building space. If the $101,750 is not used then the fee would remain the same until the question of the reality of the bridge is determined. The fee can only be C used for a bridge in this vicinity. The Bordeaux money was ori- ginally for bridges in general, but the Development Fee Committee recommended that Council budget the amount to this bridge to show initiative in implementing the General Plan concept and to show developers that they will be contributing to a real project and not just to an interest-bearing fund. 1) City of Atascadero Department of Public Works P.O. Box 747 Atascadero, California 93423 ARE Inc—ENGINEERING CONSULTANTS DESIGN • RESEARCH • ANALYSIS •EVALUATION April 15,1987 Attention: Mr. Paul Sensibaugh Public Works Director Reference: Engineering Proposal to Perform Traffic Analysis and Impact Mitigation Study for Atascadero Creek Bridge Dear Mr. Sensibaugh: ARE Inc is pleased to submit this proposal to perform the above traffic study. We believe that our firm is uniquely qualified to perform and complete this study to the City's total satisfaction. Our confidence lies in the fact that ARE has been providing quality engineering services to local government agencies for more than 16 years. Mr. Stephen O'Brien will serve as project manager. Mr. O'Brien is manager of traffic and transportation engineering for ARE's Western Regional office. He has been responsible for conducting numerous remedial traffic studies and solely responsible for all traffic signal design 'j within ARE's Western Region. With a proven record of innovative solutions to traffic operational problems, Mr. O'Brien can draw upon the practical experience he has gained from conducting similar remedial traffic studies. In order to provide reliable information concerning future needs and requirements of the City, ARE will enlist the services of Ronald J. • Marquez, Transportation Engineering and Planning. Mr. Marquez will provide planning and traffic forecasting expertise to ARE. We feel Mr. O'Brien and Mr. Marquez will provide the City with the highest quality product within the time frame required for project completion. The following points are emphasized concerning our team qualifications. • Extensive experience in remedial traffic engineering analysis; • Demonstrated competence in traffic signal design; • A close proximity to ensure good communication and prompt response to City needs; 20 Victor Square • Scotts Valley, California 95066 • (408) 438-7905 • TWX 910-874-1324 • • 0 • Experience in the use of computer aided design to produce presentation visual aids; • Capability to provide all forms of insurance required by the City. We feel that this proposal addresses the City's needs regarding this problem. We look forward to the opportunity to work with you. FNF:jh Enclosure /Sincerely, FRED N. FINN, P.E. Sr. Vice President SUMMARY SHEET TRAFFIC ANALYSIS AND IMPACT MITIGATION STUDY FOR ATASCADERO CREEK BRIDGE Proposing Agencies: Proposal Due: Project Manager: Proposed Contract: Period ARE Inc. Engineering Consultants Western Regional Office Scotts Valley, California Ron Marquez, Transportation Engineering and Planning, Santa Cruz, California April 15, 1987 Stephen M. O'Brien May 1, 1987 to July 1, 1987 Team Capabilities: ARE Inc. is a nationally recognized civil engineering firm that has been providing engineering services to both public and private agencies for 16 years. The firm's office in Scotts Valley, California specializes in traffic and pavement engineering. Ron Marquez, Transportation Engineering and Planning is a single person transportation consulting firm with fourteen years of experience. The most recent experience includes serving as project director for an OTS grant for the County of Santa Cruz. Mr. Marquez's local experience and his knowledge of County operations and procedures will complement ARE's strengths. 0 � 0 10 Q� �i �o UI 10 The following tentative process was developed to meet the needs of the project and the intent of the City of Atascadero, and to help ensure that the project moves smoothly into the location and design phases. This tentative process is subject to review and refinement in the early phases of the work program. In order toresent the results s of the study to those agencies that could be affected by proposed improvements, it is recommended that a technical advisory committee be formed consisting of representatives from public works, the school board and the fire department. With this arrangement, the consultant would be able to discuss the advantages and disadvantages of alternative bridge alignments to the TAC and develop improvement plans that will address the concerns of all the agencies affected by this project. The "public involvement process" should include at least two meetings. The first meeting could be held in early May. The purpose of this meeting would be to present the scope, schedule and purpose of the traffic study. Early reaction and input on the study will aid in determination of problem areas within the project area. The second meeting should be held after the data collection and traffic analysis phase. 4. WORK PLAN Task 1: Initial Meeting The objective of the meeting with the City and the School Board is to provide these agencies the opportunity to provide input and ideas so that the proposed project provides the maximum service and minimizes the adverse impact. A highly successful process will enable the project to move into design and construction with substantial public and agency support. Meetings will allow the consultant to explain or clarify improvement concepts to the layman so that the public sector understands the advantages and disadvantages of specific roadway improvements. The following tentative process was developed to meet the needs of the project and the intent of the City of Atascadero, and to help ensure that the project moves smoothly into the location and design phases. This tentative process is subject to review and refinement in the early phases of the work program. In order toresent the results s of the study to those agencies that could be affected by proposed improvements, it is recommended that a technical advisory committee be formed consisting of representatives from public works, the school board and the fire department. With this arrangement, the consultant would be able to discuss the advantages and disadvantages of alternative bridge alignments to the TAC and develop improvement plans that will address the concerns of all the agencies affected by this project. The "public involvement process" should include at least two meetings. The first meeting could be held in early May. The purpose of this meeting would be to present the scope, schedule and purpose of the traffic study. Early reaction and input on the study will aid in determination of problem areas within the project area. The second meeting should be held after the data collection and traffic analysis phase. Good graphics are essential to the City's understanding of the ideas, alternatives, and issues being presented. Informational packets will be provided at the meetings. Task 2: Site Review The purpose of this task is to collect data relating to the physical features, geometric features, operational features, and performance measures of the streets located within the. project scope to provide a sound basis in providing direction to future improvements. on All available traffic data will be compiled to document base 10 conditions and evaluate the operation of the existing intersection. Average Daily Traffic (ADT), Am and Pm peak hour turning movement volumes, pedestrian data, and anticipated future intersectional volumes will be collected from the City for this study. Turning movement counts for the signalized intersections along E1 Camino Real and the intersection of Traffic Way and Lewis Avenue will be performed by ARE Inc and will be used to calculate existing levels of service. ADT counts will be taken for those streets where no data is available and considered necessary for the study. All data required to forecast future traffic volumes for Atascadero will be obtained from the City. Data regarding roadway geometrics (roadway and lane widths, number of lanes, curb return radii, etc.) for the select streets will be assembled. The consultant will contact the City of Atascadero to collect the necessary data from as -built plans, if available. The consultant will obtain aerial photographs of the project area from the City. Finally, the consultant will field review the major roads and intersections within the project area to record any information not readily available from the City. Location of physical objects (such as fire hydrants, buildings, utilities, etc.) that may affect the new bridge alignment will be documented. 15 Task 3: Traffic Flow Analysis of Present Conditions The data collected in Task 2 will be analyzed to determine the base operational condition of the project area. Circular 212 will be used to evaluate the performance of the three existing signalized intersections. "Geometric Design of Highways and Streets 1984," published by AASHTO, will be used to evaluate the geometric features of the select streets and determine if deficiencies exist. The "Manual on Uniform Traffic Control Devices" will be used to determine whether the existing traffic control devices at the three signalized conform to current standards. Pedestrian facilities will be evaluated to determine existing deficiencies. This will identify areas for improvement to provide safe and smooth pedestrian flow within the project location. Specific items included in the evaluation will be pedestrian provisions at intersections, physical dimensions of sidewalks, and provisions for the handicapped and elderly. Task 4: Alternative Bridge Alignment Analysis The evaluation of operational characteristics of the existing project road network will provide the foundation for the analysis of viable alternative bridge alignments. Two viable bridge alignments exist and are shown in Figure 2. Alignment 1 connects Santa Ysabel Avenue to Lewis Avenue. Alignment 2 connects Santa Ysabel Avenue to Palma Avenue. To evaluate the impact of each alignment and the addition of a new street segment, it is necessary to assign both existing and anticipated future traffic volumes to the streets within the project area. The consultant will use growth factors and planned development programs to forecast future traffic volumes. Existing transportation planning models would not work on this project. To model individual street segments, a model would have to be developed for this project. The development of a 16 • • � 0 is EL C. TRAFFIC WAY ATASCADERO FIRE DEPART. PALMA AVENUE LEWIS AVENUE ATASCADERO CITY HALL WEST MALL EAST MALL DAILY PRESS f ATASCADERO JUNIOR HIGH SCHOOL '�-.,TAS ��ADE; G CREE" r SHOPPING MALL f /.- SANTA YSABEL AVENUE BANK OF AMERICA PROPOSED SR 41 EXTENTION Figure 2. Alternative Bridge Alignments 17 transportation model is considered to be outside the scope of this project. Shifts in current traffic patterns due to the new bridge will be estimated and both existing and future traffic volumes will be reassigned to the streets within the project scope. Analysis of both existing and expected future traffic volumes for each bridge alignment alternative will be conducted by the consultant. The planning approach from Circular 212 will be used to analyze each improvement alternative. Circular 212 provides greater division of level of service based on critical paths. The divisions provided in the 1985 Highway Capacity Manual are too simplistic to be used as an evaluation tool. The planning approach of the 1985 Highway Capacity Manual provides the user with capacity levels (under, near, and over). The consultant feels that a study of this nature requires an evaluation of level -of - service rather than level of capacity. Therefore, the consultant will use Circular 212 to analyze the bridge alignment alternatives. Figure 3 shows an example work sheet that will be used for the analysis. Results will be documented and included in the final report. The advantages and disadvantages of each alignment will be summarized and presented to the City and the school board. Task 5: Meeting With Technical Advisor Committee A second meeting with the technical advisory committee should be held after the data collection phase and prior to the development of improvement recommendations for the project area. This meeting would allow the results of analysis and evaluation tasks of the traffic study to be presented to the public for review and comment. These comments would be used two -fold. First, they would allow the consultant to determine if an adequate evaluation of the corridor has been performed and second, to provide initial guidance as to what roadway improvements the public is 19 • • 4 I* Critical Movement Analysis: OPERATIONS AND DESIGN E:omple I Calculation Form 2 Intersection LINCOLN ANC CoM�Eecc 4'3o -5:3o P•,-. Design Hour — Problem Statement FNo M0'5TING LOS CAL) L1• BE HAN01-F-D wITH Z 4 ? Step 1. Identify Lane Geometry Approach 3 1 LINCOLN I LI�Z.o N Y 1T O c b u 8 s e.6 c � !bil0 up 1 V Pp'pach t Step 2. Identify Hourly 1101umes (Hv) in ►nh _�L 152 At 61 AL 64 A3 58 A4 QI QI Turn %olumc 1PV prom sup 61 Approach J Orro.ing.ul. in �i cph uom sup 2' 110 I5)o • 530 330 - red. pal hour RT , 10 PCE LT from lable ) 4• - L.o LT vol. in pch 7 5/d TM . 54o a F 1.8-� LT . 40 L T. a N V o lB• t• v loll K4 }o; L t, hL te51.10 a Te °, o c < 8, 6 o LT . 50T� + `I ca N pl TH. 1510 lB•� AT •� Ppr7C- oa�A a J a- Q Step 5. Develop Passenger Car Volumes (PCV) in pch 111. I Approach 1 L Q N J N c � 0 w 0 0 o u o a < < LT - 51 TH • 1564 AT • 07 � ApproactTi a � r ¢ Step 6. Calculate Period Volumes (P V) iiTn" pch OI � �I � ADPr1 PHF . O.'/ 3 AT . a� u =J TH . 9q� Q. aa. a LT . 44 N i u a ° o c < PHF •O_ •as O NI LT TH • 1040 LL F = H AT . 96 pproacn I J ►' Q Step 7. Turn Adjustments Approach _l.. ...2_ Ldo.ement _�L 152 At 61 AL 64 A3 58 A4 lurn LT LT LT T7 LT AT LT LT Turn %olumc 1PV prom sup 61 !b , 1 76 11! i! 150 IL Orro.ing.ul. in Adjusted Volumes Volumes cph uom sup 2' 110 I5)o • 530 330 - red. pal hour 60 - to - LSD • 6" PCE LT from lable ) 4• - L.o LT vol. in pch to - U4 !IV PCE AT rrom table 1.e• i•a - ILS 1.LS AT %'.I. to pch LIS TH %'M. in fah At horn Sup o L033 lural PCV topch �Il3� Z)a !16 lol; Ipi 1.00 loll K4 }o; 53 10HI.05110 Ill} !L sw tep 9b. Volume Adjustment f Multiphase Signal Overt Potable Volume Adluarr Probable CIrIKal Carr7o.er Currul Phax Volume to near Volume to pch _ phos in Dch 2� Step J0. Sum ofsCritical CbL a161 otAlOol.11., (AID+ os A401 I .5 (AH1 1604 pcb Step 11. Intersection Level of Service 1compare Sup le •irh Table 61 E` Step 12. Recalculate ADD W L.r LAaT ro Geomrrriechange wrt.nncwe� . _ Srgnal Change Volume Change Comments toLJCt'UUL DEwCCV Lps o A.10 C Figure 3. Example worksheet from Circular 212. 20 Step 8. Step 44. Calculate Lane Adjusted Volumes Volumes himc- lural PCV Adruurd No. PCV PCV 01 romp Par ISuP71 U W IU•WPCV LAnn Lane 52 L10 loo 1.10 244 1 LIQ 11 U4 loo I -to LIS 1 110 At 1156 Los loo L033 Z loft, At lol; Ipi 1.00 iPi4 L 531 AW hL te51.10 }91 L 40o 53 10HI.05110 Ill} !L sw tep 9b. Volume Adjustment f Multiphase Signal Overt Potable Volume Adluarr Probable CIrIKal Carr7o.er Currul Phax Volume to near Volume to pch _ phos in Dch 2� Step J0. Sum ofsCritical CbL a161 otAlOol.11., (AID+ os A401 I .5 (AH1 1604 pcb Step 11. Intersection Level of Service 1compare Sup le •irh Table 61 E` Step 12. Recalculate ADD W L.r LAaT ro Geomrrriechange wrt.nncwe� . _ Srgnal Change Volume Change Comments toLJCt'UUL DEwCCV Lps o A.10 C Figure 3. Example worksheet from Circular 212. 20 0 A anticipating. For this meeting, aerial photographs and concept drawings will be prepared. 0 Task 6: Develop Recommended Improvements Use of the evaluation criteria established in previous tasks of the study will identify areas requiring improvements within the project area. The recommended improvements will be those that best meet the established criteria. Both short-term and long-term improvements will be provided to the City. Short-term improvements will involve low-cost modification which can be implemented immediately. These modifications will include pavement markings, loop detector installations, traffic signal modifications, new signal phasing, and improved street signing. Long-term improvements involve major street modifications and have associated with them higher costs and longer construction periods. These alterations involve complete rehabilitation of existing intersections, major geometric improvements, street lighting, and additional pedestrian facilities. All proposed improvements will be in accordance with AASHTO Design Standards, Caltrans Standards, City of Atascadero Standards and Specifications, and the latest edition of the MUTCD. Signal Modification or Implementation. Recommendations to modify Traffic signal hardware will be provided for portions of E1 Camino Real where deficiencies exist. Both type and the placement position of traffic signal heads, signal poles and foundations, pedestrian indications and pushbuttons, pavement loops and signal controller will be recommended where deficiencies exist. Recommendations for the installation of traffic control signals will be provided when one or more of the signals warrants provided in the MUTCD are met. Street Lighting. To promote safe and efficient traffic flow at night, recommendations for implementing street lighting will be provided to the City. 21 Median Cuts and Driveway (Removal). Geometric alternations to the existing median and curb may be necessary to promote safe and efficient traffic flow. Where deemed necessary, median and curb removal or additions will be recommended for streets within the project area. Improvements to the existing channelization will also be included in this tank. Si nin . Recommendations for the improvement and implementation of ror►dway signing will be provided to the City. Recommendations for the removal or replacement of signs that currently fail to meet MUTCD standards as well as the implementation of additional signing to f:►cilitate motorist safety and awareness will be included in this study. Pedestrian Improvements. Recommendations to promote safe pedestrian Movement within the study corridor will be provided to the City. i►►tersection improvements will include pedestrian actuation and 111,I1cations, crosswalk placement, any restricted pedestrian movements with :►ccompanying signing, and provisions for the handicapped and elderly. Task 7: Documentation A A summarization of all collected data, the analysis and evaluation documentation, and all proposed improvements to the street network within the project area will be included in a written report provided to the City as partial fulfillment of the requirements of the traffic study. As part 16 of Task 6, the consultant will provide a detail cost estimate for each recommended improvement. Current bid tabulations and local manufacturers k' 22 School Improvements. Improvements to the school, that will promote +,tudent safety, will be provided to the City and the school board. improvements may involve physical changes to school grounds, changes in tilt, present safe school route program, and providing additional crossing };cards. Task 7: Documentation A A summarization of all collected data, the analysis and evaluation documentation, and all proposed improvements to the street network within the project area will be included in a written report provided to the City as partial fulfillment of the requirements of the traffic study. As part 16 of Task 6, the consultant will provide a detail cost estimate for each recommended improvement. Current bid tabulations and local manufacturers k' 22 0 0 will be used to produce an accurate estimate. A draft report will be provided to the City for review and comment. A final report will be provided to the City, 30 days after receipt of their comments. Task 8: Presentation to City Council and the School Board The consultant will present the results of the traffic study to the City Council and to the School Board. The consultant is aware that City Council meetings are held on the second and fourth Tuesdays of each month and that the School Board meets on the first and third Mondays of each month. Appropriate visual aids will be produced for the presentation • 0 23 W M W CO , U W -73O C) /W V ) O CL O Cl N a 24 co IW YA (n u 4, 7.1 co it y :fq ,y N Z a. Y L bH >- d �q (� < Z W W m Juj ��- ? I:q AI Q ?r O -jJ U W Q I-- W Z C5F- C3 co O w u Z O_ W U in ... ;w C'h 'V' 24 co IW (n Z co W N Z a. O >- d W (� < Z W W m Juj ��- ? W W H N Q ?r O -jJ U W Q I-- W Z C5F- C3 co O w N W O cc CA- Z O_ W U in ... N C'h 'V' LA CO fl 24 co 6 6. COST SUMMARY The consultant is prepared to begin this project upon notification to proceed. We could comfortably complete the project, providing the City with a draft report, within an eight-week time schedule. It should be noted that this schedule is dependent on the City providing to the consultant all traffic counts and historical data needed to complete the study. Cost Summary Based on our experience with similar projects, it is our estimate that this project could be accomplished as outlined in the proposal and meet all the requirements of your request for proposal at a cost of $5,000.00. The costs may be divided as shown below: Direct Task 1: Meeting Task 2: Site Review Task 3: Safety & Traffic Flow Analysis Task 4: Bridge Alignment Analysis Task 5: .Meeting with TAC Task 6: Improvement Development Task 7: Documentation Task 8: Presentation to City Council Subtotal Printing Subtotal Indirect Costs Fee - included in above Direct Costs $ 400.00 720.00 480.00 480.00 160.00 1200.00 1120.00 400.00 4960.00 40.00 $5000.00 TOTAL COST $5,000.00 25 • r� L • rl; I 1• J O C14 T O U3 CMT- co -r L� F-- co ]OCID N T O Ll. C4 LU Cp T co to O --J LU co W J I 1• J O C14 T O co CMT- co -r L� F-- co N T C4 Cp T co to N co N co -r Co ' O MT N T N T� N N T N Co M T b"' � b• N T LU 1%4 Z Z L1J LU Q W F- LL LU cj-_ LL LU EE O Q Cl= 'Q C) LU F- J C-) LU J C.a f— F -- 26 ie a 0 o.. 0 CL w .c O Z C.), m 11f vn c cc s a 0 C.), 0 0 0 caca CL v m .8 C 0 ca m 3 C _C Li- G2 i- m LA - `o m v i N � I Cost per Contractor ARE Inc. $4040.00 Ron Marquez $ 960.00 Hourly Rates - ARE ARE Inc hourly rates are based on direct cost of labor for full time employees. For full time employees the hourly rate is increased by the current company overhead of 127 percent, plus a 6% profit factor. No hourly rate increase is assigned to part-time employees. The charge rates are summarized as follows: Personnel Hourly Rate Overhead Fee Rate Multiplier Multiplier Fred N. Finn* $ 33.72 2.27 1.06 $ 81.13 Stephen O'Brien $ 16.44 2.27 1.06 $ 39.56 Secretarial $ 8.17 2.27 1.06 $ 19.67 Technician $ 10.00 ---- ---- $ 10.00 * Services of Fred N. Finn will be contributed as part of the cost sharing aspect of the proposal. Hourly Rates - Ronald J. Marquez, P.E. Ron Marquez, Transportation Engineering and Planning, is based on the direct cost of the service amount multiplied by the overhead rate of 124%. The result is the amount billed for each hour of service billed. The current rate is: Ron Marquez Direct Cost of Service (per hour)...... $25.00 Overhead Factor ................................... 2.4 Total Rate (per hour) ............................. $60.00 27 • ll� Do—� ASSOCIATED TRAIUSR®RTATI®IV EPIGIPJEERS 100 N. Hope Avenue, Suite 20, Santa Barbara, CA 93110 • (B05] BB7-4418 Maynard Keith Franklin. P.E. Robert L. Faris, RE. Peter J. Clark. P.E. Richard L. Pool, P.E. Scott A. Schell April 13, 1987 Mr. Paul M. Sensibaugh Director of Public Works/City Engineer Public Works Department City of Atascadero Post Office Box 747 Atascadero, CA 93423 • PROPOSAL F. -R PROVIDI;14G THE TRAFFIC ANALYSIS FOR A NEW BRIDGE OVER ATASCADERD CREED, ATAISC DERO, CALIFORNIA Associated Transportation Engineers is pleased to submit the following proposel for the Traffic Analysis and an Impact -Mitigation Analysis for bridge over Ut--scadcro Creek near Lewis and Palma Avenues. ATE has completed analysis of two other projects in the City of Atascadero in the recent past. These were the K -Mart Project and the Rochelle Annexation Project. lile have also recently completed the preparation of plans and specifications for the conctruction of a traffic signal, for the City. ATE his been involved in identifying and resolving the traffic related problems related to the ►elocation of the Vista Del Mar School as a part of Chevron's on—shore proccssing plant construction in the County of Santa Barbara, and we have prepared a traffic safety study --nd analysis for the Santa Barbara City College Campus Expansion Vaster Plan. This study was required by the Coastal Commission and -.%,at, directed to identifying traffic safety impacts and mitigations to minimize these impacts. We have also been involved with the Oxnard Union high School D;strict in an analysis of impacts related to a pro— posed interchange revision in the City of Camarillo. These projects have given, ATE an in—depth understanding of the types of concerns held both by the City of Atascadero and the Atascadero Unified School District relative to the proposed project. Engineering . Planning 9 Parking 9 Signal Systems . Impact Reports e Bikeways e Transit • Mr. Paul M. Sensibaugh Page 2 0 April 13, 1987 This proposal is in response to the Request for Proposal we received from the City, and incorporates by reference all of the stipulations made by staff in said Request for Proposal. ATE proposes to prepare a study that will address the impacts on the existing school and critical area streets and intersections which would result from the construction of a bridge across Atascadero Creek in the vicinity of Santa Ysabel Avenue—Lewis Avenue—Palma Avenue. We would quantify the number of average daily and P.M. peak hour trips expected to be generated during the 20 year study period from the forecast growth data and proposed land use zoning furnished by the City. The projected traffic will then be distributed onto the adjacent circulation system and impacts for the alternate bridge locations will be analyzed and compared. The analysis will include the planned relocation of State Highway 41 and the projection of the traffic on the local circulation system for the two bridge alternatives. Potential mitigation measures will be outlined for all identified adverse traffic impacts which may occur. The study will include the scenarios of the existing school site being expanded to meet the projected needs of the School District and the alternative of the school site being redeveloped as a commercial center with a relocation of the school facilities. The identification of an alternate location for the school is not a part of this study. SCOPE OF 14ORK Associated Transportation Engineers proposes to furnish engineering and related technical services necessary to complete the required study. The services which will be provided are as follows: 1. Assemble all existing_ data related to the study. Visit project site. Discuss the project with City, School District, and Caltrans staff. 2. Inventory existing street segments, channelization and traffic controls in the bridge project area. 3. Conduct 24—hour machine traffic counts on roadways in the project area, where additional data is needed. 4. Conduct evening peak hour manual turning movement counts at critical intersections in the project area, where current data is not available. • • 5. Redistribute the existing traffic onto the system for each of the proposed locations for the bridge. 10 • • • Mr. Paul M. Sensibaugh Page 3 April 13, 1987 6. Redistribute the existing traffic onto the system with the relocation of State Highway 41, for each of the bridge locations. 7. Determine daily and peak hour trip generation for the projected growth in the study area as identified in the Request for Proposal. 8. Distribute projected traffic onto the existing street system for each of the bridge location alternates. 9. Distribute the projected traffic onto the street system with State Highway 41 in the planned location and for each of the bridge locations. 10. Calculate peak hour volume/capacity ratios and levels of service at critical intersections and roadway segments in the area. The intersections to be included in this analysis are as follows: E1 Camino Real/Curbaril Avenue El Camino Real/West Mall Santa Ysabel Avenue/Curbaril Avenue Santa Ysabel Avenue/Future State Highway 41 Lewis Avenue/East Mall Lewis Avenue/West Mall Lewis Avenue/Traffic Way Palma Avenue/East Mall Palma Avenue/West Mall Palma Avenue/Traffic Way 12. Analyze the intersections and recommend mitigations to bring the intersection level of service to Level C or better. 13. Identify specific impacts on the school site for each of the bridge locations and develop mitigations for the identified impacts. 14. Prepare cost estimates for the mitigations proposed for the school and the various intersections. 15. Meet with the City—School Committee on an as needed basis (three such meetings have been included in the proposal). 16. Prepare three copies of a draft report for review and comment by City and School staff. Discuss draft with staff and revise as necessary. 0 0 I] Mr. Paul M. Sensibaugh Page 4 April 13, 1987 17. Prepare three copies of the final report for presentation to the City Council and the School Board. The presentation package will include the necessaary visual aids to provide for a clear and understandable explanation of the report contents and recommendations. 18. Attendance by the Project Engineer at one meeting of the City Council and one meeting of the School Board to present and/or respond to comments on the report. INFORMATION TO BE SUPPLIED BY THE CITY OF ATASCADERO The City of Atascadero will furnish the following materials to ATE for conduct of this study: 1. Base maps of the City circulation system within the study area. 2. All applicable City General Plan text and maps, and zoning maps, within the study area. 3. All existing traffic count data. 4. All forecast land—use data to be incorporated into the traffic forecast model. PERSONNEL Associated Transportation Engineers is a professional corporation whose principals are engineers. A full description of the company and our staff is attached to and incorporated in this proposal. M. Keith Franklin and Richard Pool will be the principals involved in the prosecution of the study and analysis. The contact person will be designated as soon as the proposal is accepted. SCHEDULE AND FEES Associated Transportation Engineers (ATE) will be able to commence work on this project within ten days after receipt of notice to proceed, with comple— tion of the report within 75 calendar days thereafter. Our lump sum fee for the above outlined scope of work will be $11,050.00. Any additional work • Mr. Paul M. Sensibaugh Page 5 April 13, 1987 authorised by the City will be accomplished based upon rates contained in the attached fee schedule. A time estimate for this project has also been attached for your use in determining the sufficiency of our scope of work. The scope of work outlined above is our concept of that required to accomplish the study as outlined in the Request for Proposal. If the City is desirous of negotiating the scope and the related fee, ATE is quite willing to do.so. This proposal will be valid for a period of 30 calendar days from the date hereon, unless such limit is extended by ATE. Please call us if you have any questions regarding this proposal. We appreciate your consideration of ATE for this work. Maynard Keith Franklin P .E. RLP/MKF/wp Attachments 0 0 Mr. Paul M. Sensibaugh Page 6 April 13, 1987 Associated Transportation Engineers ESTIMATED TIME REQUIREMENT TRAFFIC ANALYSIS FOR NEW BRIDGE OVER ATASCADERO CREEK Principal Engineer 120 hrs. Senior Technician 40 hrs. Senior Draftsman 20 hrs. Secretary 10 hrs. Traffic Counter 40 hrs. TOTAL: 230 hrs. • • • r� 0 II �I ASSOCIATED TRAt!!SR®RTATI®iV EilIGIMEERS 100 N. Hope Avenue, Suite 20, Santa Barbara, CA 93110 • (BO5) 667-441 B Maynard Keith Franklin, P.E. Robert L. Faris, P.E. Peter J. Clark, P.E. Richard L. Pool, P.E. Scott A. Schell FEE SCHEDULE (January. 1987) Principal Engineer: Local Principal Engineer: Out of Town Draftsperson Senior Technician Technician Secretary Traffic Counter $65.00 per hour $70.00 per hour $35.00 per hour $30.00 per hour $25.00 per hour $15.00 per hour $10.00 per hour Engineering . Planning . Parking . Signal Systems . Impact Reports . Bikeways 9 Transit • MEMORANDUM To: City Council Via: Mike Shelton, City Manager From: Bob Best, Parks and Recreation Director LT Subject: Memorandum of Understanding With Atascadero Unified School District BACKGROUND , May 12, 1987 As a result of the Park and Recreation Department's desire to improve communication with the Atascadero Unified School District, Staff began working on ideas on how the City could address some of our concerns re- garding joint use of facilities, and at the same time address School District concerns in reference to the usage of their facilities by the Recreation Department. Our staff began meeting with appropriate school district administrators to address joint concerns. This continues today to be an ongoing process. In discussions at the City/School Committee level, it was determined that an advisory committee should be established to address the possible formation of a Memorandum of Understanding and a Joint Powers Agreement. The committee consisted of School District Administrators, one member of the Parks and Recreation Commission and Parks and Recreation Staff. Since that time the committee has recommended two additional members -- one youth sports group representative and an at large member of the community. THEORY BEHIND DEVELOPMENT OF MOU Many juridictions have improved the use of resources, facilities, and pro- grams by joining forces for the common good. However, some communities suffer from a lack of coordinated services. Many reasons have been brought forward to explain why cooperative programs either fail or have a low de- gree of success. Solutions have been sought to help resolve some of the problems. As a method to help improve the problems, the concept of a Memorandum of Understanding and a Joint Powers Agreement was developed. The intent to cooperate is based on two main concepts: 1) Both Education and Recreation and Parks have a philosophical and statutory responsibility to meet education and recreation needs for the community. 2) A formal cooperative provision of services assures the community that their right to optimum services for their tax dollar is being respected. 41 WHAT IS A MOU? il • Simply stated, a MOU is a very brief general statement of purpose to cooperatively provide learning and leisure services. The MOU is an "umbrella" which can provide for later, more specific agreements between the governing bodies. The MOU includes the need for ongoing communicatil between the School District and the City. It also includes sections on implementation of cooperative ventures, including committee membership, duties of committee, division of costs, and personnel. What it is not is a detailed document which identifies specifics of the joint powers agreement. This would be identified as the committee actually begins work on the joint powers agreement itself. The adoption of a MOU represents a beginning -- it is a statement of cooperation between the governing bodies of the School District and the City. As before, specific information as relates to the detailed JPA will be discussed by the Committee and forwarded to the Joint City/ School Committee. RECOMMENDATION Approve the Memorandum of Understanding between the Atascadero Unified School District and the City of Atascadero and authorize the Mayor and the Parks and Recreation Director to sign the MOU on behalf of the City. It is further recommended the Parks and Recreation staff be authorized to continue the process of developing a formal joint powers agreement with the school district. ADDITIONAL BENEFITS OF MOU/JPA (Partial Listing of Financial Benefits) 1. Development of cooperative budgeting and administrative techniques. 2. Development of plans for cooperative actvities. 3. Establishment of common ground for fiscal planning. 4. Combining resources needed for agreed upon cooperative activities. 5. Improved awareness of potential barriers to cooperation between agencies. 6. Identification of common priorities for existing and needed resources. 7. Insurance considerations - problems and how to best resolve problem areas. STATEMENT OF SUPPORT The Joint City/School Committee has endorsed this concept as well as the Parks and Recreation Commission. In addition, the School Board was very supportive of the MOU at its meeting on May 4th, as department staff pre- sented the MOU for School Board consideration. MEMOANDUM OF UNDERSTANDING BEEN THE ATASCADERO UNIFIED SCHOOL DISTRICT AND THE CITY OF ATASCADERO 0. Basic Purpose Since worthwhile recreational activity contributes to the well-being of individuals, and in turn, to the progress of society, provision of meaningful leisure opportunities can be properly recognized as a governmental service. Consequently, the Parks and Recreation Depart- ment has been delegated the responsibility for providing the commun- ity with these leisure skills and opportunities. In order to maximize these services and to maximize potential for quality programs, the Atascadero Parks and Recreation Department and the Atascadero Unified School District are committed to cooperate with one another whenever feasible.. The cooperation will. include ongoing communication for planning, implementing, and evaluation of cooperative community recreation programs. II. Mechanism for implentation of specific cooperative ventures A. Community recreation Advisory Committee/Sub Committee of City -Schools Community 1. Membership 1 member; Parks and Recreation Commission 3 members; School Administrative Staff 2 members; Parks/Recreation Administration Staff 1 member; Atascadero Youth Sports Committee 1 member; at large, community. 2. Duties: a. Review all new plans for development of school or park sites within the City of Atascadero. b. Make recommendations to agency governing boards for cooperat- tive programs. c. Identify and coordinate other public resources. Inform the public of availability of community resources, and encourage support. d. Coordinate community resources by promoting: 1. Greater use and sharing of human talents and resources. 2. Learning and enrichment opportunities for all ages. 3. Coordinate use of educational and community facilities. 4. Improve community, school, and recreation/park relationship. 5. Increase interagency coordination and cooperation. 6. Increase citizen involvement in the learning and leisure decision-making process. B. Division of Cost 1�1 1. Before any joint acquisition, development, or program implemen- tation, a cost analysis listing benefits and responsibilities will be reviewed by the joint committee. Recommendations will be • made by this council to the administrative staff of both agencies. 2. The administrative staffs will agree on the division of costs, based on a direct relationship of use. 3. Regular reports e`ivating the cooperative effort and its budget will be reviewed by the joint committee. C. Personnel 1. All personnel hired for joint supervision or program coordination will be interviewed and chosen by a select committee of staff from the facilities, or programs involved. Both agencies will be repre- sented. 2. Decisions will be made by the administrative staff of both agencies about supervisorial responsibilities and evaluation of staff mem- bers. IN WITNESS the parties hereto have caused this MEMORANDUM OF UNDERSTAND- ING to be executed in concept by their respective duly authorized officers, and to seek and develop a Joint Exercise of Powers Agreement between the Atascadero Unified School District and the City of Atascadero. Signature - School Board President Signature - Superintendent of Schools • Signature - Mayor of Atascadero Signature - Parks and Recreation Director 4 ME ANDUM OF UNDERSTANDING BEEN THE ATASCADERO UNIFIED SCHOOL DISTRICT AND THE CITY OF ATASCADERO ITEM: D-2 OF 5/12 COUNCIL MEETING I. Basic Purpose _*****REVISED SHEET***** Since worthwhile recreational activity contributes to the well-being of individuals, and in turn, to the progress of society, provision of meaningful leisure opportunities can be properly recognized as a governmental service. Consequently, the Parks and Recreation Depart- ment has been delegated the responsibility for providing the commun- ity with these leisure skills and opportunities. In order to maximize these services and to maximize potential for quality programs, the Atascadero Parks and Recreation Department and the Atascadero Unified School District are committed to cooperate with one another whenever feasible.. The cooperation will. include ongoing communication for planning, implementing, and evaluation of cooperative community recreation programs. II. Mechanism for implentation of specific cooperative ventures A. Community recreation Advisory Committee/Sub Committee of City -Schools Committee. 1. Membership 1 member; Parks and Recreation Commission 3 members; School Administrative Staff 2 members; Parks/Recreation Administration Staff 1 member; Atascadero Youth Sports Committee 1 member; at large, community. 2. Duties: a. Review all new plans for development of school or park sites within the City of Atascadero. b. Make recommendations to agency governing boards for cooperat tive programs. c. Identify and coordinate other public resources. Inform the public of availability of community resources, and encourage support. d. Coordinate community resources by promoting: 1. Greater use and sharing of human talents and resources. 2. Learning and enrichment opportunities for all ages. 3. Coordinate use of educational and community facilities. 4. Improve community, school, and recreation/park relationship. 5. Increase interagency coordination and cooperation. 6. Increase citizen involvement in the learning and leisure decision-making process i MEMORANDUM • ,E-EVI%: G AGEN[M May 5, 1987 To: City Council Via: Mike Shelton, City Manager From: Bob Best, Parks and Recreation Director Subject: Award of Atascadero Lake Improvements Design Phase BACKGROUND On March 24th Council authorized Parks and Recreation to seek proposals for Engineering Services for the Design Phase of the Atascadero Lake Improvement Project. This process was completed on April 29th. SCOPE OF SERVICES The scope of services was divided into two phases. These included: 1. Design Phase - design of Ozonation/Aeration System; extension of water • supply line discharge; mechanical biofiltration system; formation of isolated marsh area at south end of lake, including dike; planting of emergent and submergent aquatic plants, including sources and methods; monitoring system of water oxygen levels. A separate cost figure to be provided regarding well feasibility and design. 2. Inspection and/or contract administration phase - proposal to be based on an hourly fee. PROPOSAL RESULTS INSPECTION/CONTRACT CONSULTANT DESIGN PHASE ADMINISTRATION PHASE Alderman Engineering $17,850.00 $35 hourly Los Osos, CA John Wallace & Associates $25,303.00 $35-$55 hourly San Luis Obispo, CA WELL FEASIBILITY AND DESIGN (Cost to determine well feasibility and location of test well). Alderman Engineering John Wallace & Associates is $700. $2,500 (approximately) -2 - EVALUATION OF PROPOSALS 0 Both consultants have excellent backgrounds and were very responsive to the Request for Proposals. John Wallace and Associates included a pre - design report/evaluation of alternatives in the amount of $2,112.00. According to the consultant, this is to determine the feasibility of the ozonation as opposed to the aeration system alone, and the feasibility of a mechanical biofiltration system. Alderman Engineering, in their Feasibility Report presented to Council, recommended these items be constructed as part of the Lake Improvement Project. As a result, a pre -design report/evaluation of alternatives is not included in their proposal. In the event the City went ahead with plans to develop the ozonation/aeration system and mechanical biofiltra- tion as recommended in the Feasibility Report and not have a pre -design report/evaluation of alternatives completed, John Wallace and Associates net bid would be $23,191. RECOMMENDATION Award the design phase of the Atascadero Lake Improvement Project to Alderman Engineering for $17,850.00 and Inspection/Contract Administra- tion Phase at $35 hourly. FISCAL IMPACT Consultant services are within original budget estimates, and will be fu funded by the grant. • s MEET r I AGENDA _ DAT ITEM__ PLEASE INCLUDE THIS ITEM • INTO YOUR 5/12 COUNCIL AGENDA PACKAGE M E M O R A N D U M To: City Council Through: Mike Sheltoni From: David G. Jorgense Date: May 5, 1987 Subject: Employee Service Awards t, k, RECOMMENDATION It is recommended that the City Council establish an employee service award program and appropriate $3,000.00 from the Council contingency funds to cover the first year costs. DISCUSSION Many cities have established an employee service award program as a way of honoring employees who have worked for the City for a minimum of 5 years. A typical breakdown.for recog- nition is 5, 10, 15, 20 & 25 year awards. Each category receives a specially designed gold pin with a precious stone which represents the number of years served. The City of Atascadero has been incorporated for 7 years and has reached a maturity level to make this type of program fea- sible. We have 24 employees who have been with the City for 5 years or more. This group of employees have provided stability and direction during the difficult formative years of the City's history. This program is a way of recognizing that effort and for establishing the basis for continued recognition for other employees who continue to work for the City. FISCAL COST The initial cost for establishing the program for the current 24 employees is $3,000.00. This initial cost includes additional pins that can be used for future years programs. The funding for this program can be taken out of the Council Contingency Fund. DGJ:al • file: m5svc awd PROPOSED PROGRAM Years of Service Pin Type 5 years 10K plain 10 years 10K ruby 15ears Y lOK emerald 20 years 10K diamond First year costs: 50 plain pins $2,650 Die cut 350 .$3,000 Subsequent costs: Supplementary Die Cut $37.50 Cost of Jewels Depends on type of jewel DGJ:al (5/11/87) file: m5svcawd 54/80 SERVICE AWARD COST ESTIMATES Tie Tack Size Pins cola Wi th Content Quantity Plain Stone Cost 10K 35 $ 67/ea $2,345 $83/ea - ruby 2,905 $98/ea - emerald 3,430 $125/ea - diamond 4,375 10K 50 $53/ea 2,650 $68/ea - ruby 3,400 $84/ea - emerald 4,200 $112/ea - diamond 5,600 14K 35 $107/ea 3,745 $120/ea - ruby 4,200 $138/ea - emerald 4,830 $166/ea - diamond 5,810 14K 50 $85/ea 4,200 $96/ea - ruby 4,800 $114/ea - emerald 5,700 $143/ea - diamond $7,150 One time costs: Die cut $350 DGJ:al (5/11/87) file: m5svcawd 84/117 • MEMORANDUM D - # TO: BOARD OF DIRECTORS ATASCADERO COUNTY SANITATION DISTRICT THROUGH: MIKE SHELTON, CITY MANAGER, FROM: PAUL M. SENSIBAUGH DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: INFLOW AND INFILTRATION ANALYSIS PROJECT IMPLEMENTATION DATE: MAY 5, 1987 RECOMMENDATION: Staff recommends that the Board authorize the Director of • Public Works to advertise for bids for the cleaning, tv- monitoring, and smoke testing for the existing sewer system as presented in the current budget. BACKGROUND: The sewer study conducted by John Wallace and Associates as well as the grant facilities plan presented by Engineering Sciences expressed the importance of an inflow and infiltration (I & I) analysis and implementation to increase the life of the wastewater treatment plant. The I & I analysis was somewhat informally done in-house since the start of the fiscal year. A normal cleaning schedule has been layed out by sanitation personnel and an investigation of services available, as well as associated costs, was conducted by the Director. The winter of 1985 showed an increase in discharge to the plant of 3.7 times the average daily flow during the rainy season. Normal infiltration is about 20% with peaks up to about 2.0 times the average daily flow. The current average daily flow is approximately 1.0 million gallons per day (mgd). Thus, about 2.7 mgd of the peak flow of 3.7 in. 1985', which came after the sewer study had indicated 3.2 as a historic figure, represents storm water intrusion. The storm water enters via joints or cracks in the sewers • (infiltration), or into manhole lids or manhole joints/cracks or other inlets (inflow). The latter, or other inlets, could be street or parking lot storm drains, roof drains or a drainage open channel finding its crack or opening. DISCUSSION: 10 way along a sewer trench to a large The problem is clear; the solutions are Tess obvious since the cause of the problem is an unknown. Cleaning of the lines, which has never been completely done except for problem areas due to minimal slope, is the first step in the process. Cleaning not only readies the lines for the tv-monitoring but can give a good idea of which areas should be monitored. Areas of large breaks and sags may be detected by cleaning by the type of draggings such as sand or pieces of pipe. Tv -monitoring can locate exactly any cracks, joints, storm drain inlets, roof drain inlets, etc. The records from this process are invaluable for future reference. Smoke testing can also be conducted to find sources of roof drains or other illegal taps. The above processes will help determine not only where and what the problem is, but whether it is more economical to fix the problem or to expand the plant to accept the water. It is noted here that not only does non -polluted water use up mainline and plant capacity and make treatment more difficult due to dilution, but it is illegal by our own rule to allow such acceptance of flow. Staff is recommending to bid the project on unit prices with an estimated quantity that can be controlled by the Director as work progresses. Contractors will bid on cleaning, tv-monitoring, and smoke testing and may be awarded as few as one or as much as all items. Thus two or more different contractors may be awarded the bid based upon their expertise and price of.work. All work will be based upon a linear footage of sewer main. It is the intent to clean the entire system but to only tv-monitor the areas designated by the Director. Actual corrections to the system will be conducted in the next fiscal year based upon the results of the above project. It should be understood that sometimes problem sources can be found that cannot easily be corrected, and in that sence their is somewhat of a risk to overdoing the tv-monitoring. Corrections may include removing illegal roof drains, elimination of storm drains, water proofing manholes, sealing cracks in sewer main joints, slip lining sewer mains or completely removing and replacing inadequate lines. It is anticipated that the bulk of the work will be necessary in the older downtown section of the system where the sewers are slip joints and roof drains are evident. Flat areas such as Morro Flats is suspect of drainage I & I especially when the ground is saturated. P� • 0 0 FISCAL ANALYSIS; There are over 38 miles, or over 200,000 linear feet, of sewer mains. Cleaning and bucketing ranges from 20 cents/l.f. to 27 c/l.f. with root cutting as much as 40 c/l.f. Tv - monitoring is estimated from 30 c/l.f.. to 50 c/l.f., and smoke testing about 15 c/l.f. If the entire system was done for all items the price could reach about $150,000. It is anticipated that all of the sewer will be cleaned and only about half will be tv-monitored and perhaps only 25% smoke tested. The estimate for that work is about $90,000. The budget includes $250,000. The balance of funds will carry over into the next budget year's corrective items. The current sewer fee structure includes I & I work, future line replacement and expansion, sludge handling, and future lift station and plant improvement and replacement. The above work fits into the build -out projection used to establish the fees. • ■ INFILTRATION/INFLOW surveys used smoke testing for identification of manhole frame seal inflow sources. 0%-% zo' z'" ness :« w sewer Refth=,v%b1"HtaUor_- WILLIAM C. CARTER, P.E. RICHARD J. NOGAJ, P.E. and ALAN J. HOLLENBECK, P.E. Mr. Carter is senior engineer with the Johnson County Unified Wastewater Dis- tricts, Johnson County, Kansas. Mr. Nogaj is president and Mr. Hollenbeck is an as- sociate with RJN Environmental As- sociates, Inc., Consulting Engineers, Wheaton, Illinois. COMMUNITIES and sewer agen- cies needing sewer improve- ments have been reluctant to under- take major sewer rehabilitation pro- grams largely due to the cost to quan- tify the need and the lack of funds - needed to implement the required improvements. Also, in many cases sewer studies have not resulted in on- going survey and maintenance activi- ties. That is, the sewer study is not used as a basis for system manage- ment. Johnson County Unified Waste- water Districts (JCUWD), despite po- tential difficulties, is proceeding with sewer improvements in a major watershed known as Mission Town- ship Main Sewer District No. 1 (MTMSD). The watershed includes about 1.3 million linear ft of sewer line, 17,500 residences, and nine mu- nicipalities. Residents- in the MTMSD service area have experienced sanitary sewer backups in their basements and there has been raw wastewater discharge to receiving streams during moderate rainfall events for the past 30 years. Construction of about 250,000 linear ft of supplemental relief sewers and three side stream holding facilities in the 1960s and a voluntary downspout disconnection program in the 1970s did not prevent sewer backups or the discharge of untreated wastewater into the receiving streams. In addition, the connection and discharge of many of the downspouts remains unknown. In an effort to provide improved sanitary sewer service to JCUWD customers and to reduce the bypass- ing of wastewater into the receiving streams, JCUWD retained RJN En- vironmental Associates, Inc. to con- duct an initial sanitary sewer study of MTMSD No. 1. Project objectives were established to: identify existing conditions; develop alternative so- lutions with cost estimates, and pro- vide an implementation plan based on the selected solution. The scope of work was developed for selected areas to provide a sound basis for de- veloping cost estimates for the re- quired improvements (without having to initially perform a comprehensive investigation throughout MTMSD No. 1.) Flow Data. Existing sanitary sewer maps were used for defining sewer tributary areas or basins. MTMSD No. 1 was divided into 42 sanitary sewer basins. After determining basin boundaries, locations for instal- • lation of flow meters and rain gauges were selected. Flow monitoring was performed at 45 key loc s throughout the Mission Towns trict while rainfall monitorin as conducted at two locations. Flow meters and rain gauges were oper- ated from mid-March 1984 to mid- June, 1984. The operation of wet weather holding stations and activity of sewer bypasses were also monitored. Flow data were used to evaluate system behavior and to de- termine the base wastewater flow (dry weather/low ground water), infil- tration (dry weather/high ground water) and inflow (wet weather/high grount water) quantities. Base, infiltration, and inflow rates were determined from the monitored data. Initially, inflow rates that would be generated during a one-year rain- fall event were determined. Inflow was estimated by developing a rela- tionship between inflow and rainfall intensity with a technique reported by Hollenbeck and Nogaj.' Average daily base flow was de- termined to be 3.6 mgd or about 207 gallons per building per day. The diurnal variation in base flow rates resulted in an average measured base flow peaking factor of 1.52, where the base flow peaking factor is def s the ratio of the peak hourly �o total daily flow. Peak infiltration was determined to be slightly over 9.8 mgd or about 2.7 times average base flow. The unit infiltration rate, based on 64 PUBLIC WORKS for October, 1986 pipe diameter and length in t*ni- tary sewer system, was 5,700 gallons per day per inch -diameter mile (gpd/ idm). Peak one-year inflow was de- termined to be 96.8 mgd or nearly 27 . times the average base flow rate. The one-year unit inflow rate was 48,800 gpd/idm. I/I Source Data. To obtain an esti- mate of the total infiltration and inflow (I/I) sources within the MTMSD, six of the 42 basins were selected for inten- sive investigation. The six selected basins had high inflow rates, included several different communities, and were geographically distributed throughout the district. The intensive survey of the six ba- sins included the following activities: ♦ Manhole and visual pipe inspec- tions. ♦ Internal and external building inspections. ♦ Smoke testing. • Dye water testing of public and private sector I/I sources. ♦ Television inspection of selected sewer lines. A comparison between I/I source data and monitored flow data was de- termined. For the purposes of analyz- ing all of the MTMSD, the relative proportion of each type of I/I source identified in the intense study was applied throughout the entire district. From the study 22.5 percent of the infiltration was identified, including 13.9 percent from defective manhole walls, 1.4 percent from defective pipe seals, 0.3 percent from defective bench/troughs, and 6.9 percent from defective joints and broken pipe. It was further determined that the pub- lic sector produced 27.1 percent of the Table 1 — Distribution of Inflow Sources Estimated 1/1 Source Percent Source Inflow Public Sector Inflow $100 Manhole Cover/Frames 5.6 Manhole Frame Seals 14.4 Manhole Corbels 7.1 Storm Connections 0.1 Private Sector Inflow Cracked Pipe Seal Storm Sumps 1.3 Storm with Diverter Valves 0.1 Combination Sumps 1.5 Unsealed Sumps 0.2 Suspect Storm Sumps 0.9 Downspouts 1.1 Suspect Downspouts 2.1 Foundation Drains 2.1 Suspect Foundation Drains 41.6 ea 0.2 AreaDrains Area Drains 2.6 Suspect Area Drains 5.1 Transition Joints 0.1 Leaking Service Lateral 0.1 Suspect Leaking Service Lateral 14.0 Table 2 — Typical Rehabilitation and Construction Costs ■ VISUAL inspection of manhole revealed this infiltration source at a pipe seal. PUBLIC WORKS for October, 1986 65 Rehabilitation Estimated 1/1 Source Method Cost Ponding Manhole Replace Manhole Cover $100 Pick Hole Inflow Replace Manhole Cover 100 Corbel Leak Grout Corbel 200 Cracked Manhole Wall Chisel Cracks and Grout 375 Cracked Pipe Seal Chisel Cracks and Grout 200 Cracked Bench/Trough Grout Joint 200 Cracked Frame Seal Adjust Frame and Seal 360 Storm Connection Repair as necessary' 7,000-8,000 Direct Storm Sump Repipe to Grade 800 Direct Storm Sump Remove Diverter Valve 300 With Diverter Downspouts Redirect Downspouts 100 Foundation Drain Connect New Storm Sump 5,2003 Unsealed Pump Seal Pump with Concretez 200 Suspect Building Replace Building Sewer 4,0003 Sewer Cleanout Repair as necessary 250 Collapsed Pipe Replace Pipe (Each 5 it Section)' 4,300-6,000 Building Sewer Replace Pipe 1,200 Combination Sump Seal Old Pump/Install New Sump 1,800 Driveway Drain Disconnect Drain/Install Pump 2,200 Transition Joint Repair as necessary 800 Manhole Frame Replace Manhole Frame 175 'Unit cost will vary with pipe diameter, number of repairs per line segment, and required surface restoration. 2Actual recommended repairs will depend on the use of the existing pump as a storm sump pump, a sanitary sump pump, or both. 3Generally not cost-effective to repair. ■ VISUAL inspection of manhole revealed this infiltration source at a pipe seal. PUBLIC WORKS for October, 1986 65 ■ FIGURE 1. Analysis shows Alternative "C" to be most cost-effective. inflow with the remaining 72.9 per- cent having its source in the private sector. The distribution of these in- flow sources is listed in Table 1. Analysis Optimization. Cost-effectiveness analysis was utilized to estimate the optimum level of I/I removal for the purpose of achieving sanitary sewer system integrity. System integrity is defined as an operational condition where sewer backups, overflows, or bypasses would not occur up to a specified storm event. The optimum level of I/I removal would correspond to the projected least cost alternative. Elimination, treatment and trans- port, and new sewer line require- ments were analyzed at several levels of infiltration and inflow removal. Elimination costs were based on the estimated construction costs to re- move I/I sources. This would include removal of sources such as storm sump pumps, downspouts, and area drains as well as repairing manhole frame seals, pipe seals, and sewer 66 lines. Rehabilitation methods and costs used in this study are shown in Table 2. Treatment and transport costs were based on historical capital, op- eration, and maintenance costs for complete treatment and for wet weather flow, sidestream treatment. New sewer costs were based on preliminary relief sewer require- ments obtained by using the RJN En- vironmental Sewer System Evalua- tion Model (SSEM). This model routes the projected flow byline seg- ment and compares the line capacity to the expected peak flow. Where total flow exceeds line capacity the model specifies a new sewer line that is sized to carry the excess flow. Slope and depth of the new line is assumed to be the same as the existing line. Estimated construction cost for the new sewers is based on depth of ex- cavation and pipe diameter. Total present worth for several al- ternatives was compared based on a planning period of 20 years at an interest rate of 8% percent. Construc- tion cost was converted to capital cost by using a service and contingency factor of 27 percent for legal and fiscal costs, administration, engineering, and other expenses. Cost es . tes were based on an ENR inde3W68 as of August, 1984. The four major alternatives derived from this study were: ♦ Alternative "A": No rehabilita- tion of I/I sources; construction of new sewers; and construction of required treatment facilities. Alternative `B": Removal of I/I sources considered to be cost- effective; construction of required new sewers and treatment facilities for the six intensively studied basins. ♦ Alternative "C": Complete field studies for all of MTMSD No. 1 to lo- cate and quantify I/I sources; removal of I/I sources considered to be cost- effective; and construction of new sewers as required. ♦ Alternative "D": Complete field studies for all of the MTMSD No. 1 to locate and quantify IR sources; re- moval of I/I sources generally consid- ered cost-effective; and removal of all directly connected foundation drains. The results of the analysis, as shown in Figure 1, indicate that alter- native "C" would be the least -cost ap- proach. Design Storm. In separate sanitary sewer systems, there is a relatigillkip between inflow and rainfall in where inflow increasesexponen ly with storm intensity.' Existing system analysis and new sewer requirements depend on a level of design storm pro- tection; this storm event frequency must be selected for the analysis and subsequent final design. The marginal cost analysis tech- nique was used to develop the unit cost for the work necessary to prevent a surcharge occurrence for flows that exceed the system design capacity at a given storm frequency as reported by Braam and Nogaj.2 Using this approach a design storm can be selected. New sewer line, treatment, and IR rehabilitation costs were esti- mated with analyses performed at 1-, 2-, 5-, 10-, and 25 -year storm frequen- cies. Incremental costs were de- veloped at each of these storm fre- quency intervals followed by a de- termination of the unit cost to prevent surcharge occurrence. These data are shown graphically in Figure 2. The results of the marginal costs analysis indicate that a point of di- minishing return would be experi- enced somewhere between e 5 -year and 10 -year storm prot level and that the design freq should be between these two points. The 5 -year storm protection level would result in, on the average, a backup occurrence twice every 10 PUBLIC WORKS for October, 1986 5 -YEAR STORM INFLOW (MGD) 70.0 0 26 52 78 104 130 156 LEGEND \ ACTUAL DATA \ -----PROJECTED COST BASED \\\\ 60.0 ON PHASE I INTENSIVE \\ SURVEY DATA \ \ ALTERNATIVE D 50.0 \\� TOTAL COSTS \\ c~n \ a J 40.0 \\\\ ALTERNATIVE A 3 \\\\ ALTERNATIVE B Z \ \ (LIMIT OF REHAB F- O \\\ W/ EXISTING DATA) \ w 1 30.0 \ ct CL 0 ALTERNATIVE C 9 REHABILITATION 02Q0 & SURVEY COSTS \\ COST-EFFECTIVE \ POINT / 10'0 NEW SEWER TREATMENT COSTS COSTS 100 90 80 70 60 50 40 30 20 10 0 PERCENT REDUCTION OF FLOW BY REHABILITATION ■ FIGURE 1. Analysis shows Alternative "C" to be most cost-effective. inflow with the remaining 72.9 per- cent having its source in the private sector. The distribution of these in- flow sources is listed in Table 1. Analysis Optimization. Cost-effectiveness analysis was utilized to estimate the optimum level of I/I removal for the purpose of achieving sanitary sewer system integrity. System integrity is defined as an operational condition where sewer backups, overflows, or bypasses would not occur up to a specified storm event. The optimum level of I/I removal would correspond to the projected least cost alternative. Elimination, treatment and trans- port, and new sewer line require- ments were analyzed at several levels of infiltration and inflow removal. Elimination costs were based on the estimated construction costs to re- move I/I sources. This would include removal of sources such as storm sump pumps, downspouts, and area drains as well as repairing manhole frame seals, pipe seals, and sewer 66 lines. Rehabilitation methods and costs used in this study are shown in Table 2. Treatment and transport costs were based on historical capital, op- eration, and maintenance costs for complete treatment and for wet weather flow, sidestream treatment. New sewer costs were based on preliminary relief sewer require- ments obtained by using the RJN En- vironmental Sewer System Evalua- tion Model (SSEM). This model routes the projected flow byline seg- ment and compares the line capacity to the expected peak flow. Where total flow exceeds line capacity the model specifies a new sewer line that is sized to carry the excess flow. Slope and depth of the new line is assumed to be the same as the existing line. Estimated construction cost for the new sewers is based on depth of ex- cavation and pipe diameter. Total present worth for several al- ternatives was compared based on a planning period of 20 years at an interest rate of 8% percent. Construc- tion cost was converted to capital cost by using a service and contingency factor of 27 percent for legal and fiscal costs, administration, engineering, and other expenses. Cost es . tes were based on an ENR inde3W68 as of August, 1984. The four major alternatives derived from this study were: ♦ Alternative "A": No rehabilita- tion of I/I sources; construction of new sewers; and construction of required treatment facilities. Alternative `B": Removal of I/I sources considered to be cost- effective; construction of required new sewers and treatment facilities for the six intensively studied basins. ♦ Alternative "C": Complete field studies for all of MTMSD No. 1 to lo- cate and quantify I/I sources; removal of I/I sources considered to be cost- effective; and construction of new sewers as required. ♦ Alternative "D": Complete field studies for all of the MTMSD No. 1 to locate and quantify IR sources; re- moval of I/I sources generally consid- ered cost-effective; and removal of all directly connected foundation drains. The results of the analysis, as shown in Figure 1, indicate that alter- native "C" would be the least -cost ap- proach. Design Storm. In separate sanitary sewer systems, there is a relatigillkip between inflow and rainfall in where inflow increasesexponen ly with storm intensity.' Existing system analysis and new sewer requirements depend on a level of design storm pro- tection; this storm event frequency must be selected for the analysis and subsequent final design. The marginal cost analysis tech- nique was used to develop the unit cost for the work necessary to prevent a surcharge occurrence for flows that exceed the system design capacity at a given storm frequency as reported by Braam and Nogaj.2 Using this approach a design storm can be selected. New sewer line, treatment, and IR rehabilitation costs were esti- mated with analyses performed at 1-, 2-, 5-, 10-, and 25 -year storm frequen- cies. Incremental costs were de- veloped at each of these storm fre- quency intervals followed by a de- termination of the unit cost to prevent surcharge occurrence. These data are shown graphically in Figure 2. The results of the marginal costs analysis indicate that a point of di- minishing return would be experi- enced somewhere between e 5 -year and 10 -year storm prot level and that the design freq should be between these two points. The 5 -year storm protection level would result in, on the average, a backup occurrence twice every 10 PUBLIC WORKS for October, 1986 • I—] • years (a 20 percent probability given year) while the 10 -year storm level would result in a backup once every 10 years (a 10 percent probabil- ity in any given year). For cost-effective private sector and public sector improvements fi- nanced over 20 years, a typical homeowner cost based on an average assessed property evaluation would be $55.80 per year for 5 -year protec- tion and $68.30 per year for 10 -year protection. Based on the computer modeling and survey work the esti- mated public and private sector capi- tal cost for 5 -year protection was $15.3 million (or a unit cost of $0.098 million to prevent a surcharge occurrence); for the 10 -year protection the esti- mated cost was $18.7 million (or $0.46 million to prevent a surcharge occur- rence). The breakdown of work for the 10 - year protection program included nearly $1.3 million for the remaining survey work in the district, $2.5 mil- lion for infiltration elimination, $3.1 million for inflow removal in the pub- lic sector, nearly $3 million for inflow removal in the private sector, and over $8.8 million for new sewer lines. Treatment of the remaining UI could be handled by the existing treatment facilities. Phasing Schedule. The initial idea toward phasing of the sewer system survey, design, and rehabilitation ac- tivities was based on the magnitude of the unit inflow rate determined for each basin. However, performing work in this manner would result in having the work "scattered" throughout the district during any given phase. This could result in both higher administrative and construc- tion costs. Further, basins with high unit inflow rates would not necessar- ily correlate with the areas where there were known sewer backups. Sewer capacity relative to actual flows must therefore be considered when evaluating the potential for backup reduction. The phasing is based on a combina- tion of watershed location, unit inflow rate, and the history of sewer backups. This recommended phasing approach will generally concentrate the survey and construction activities in the same geographical areas thus lowering construction and adminis- trative costs. Work will generally be phased according to the watershed thereby producing measurable im- ■ FIGURE 2. The relationship of cost for protection and design storm. PUBLIC WORKS for October, 1986 provements early in the program. Perimeter basins will be completed first so that these basins will not be subject to upstream tributary areas that could overload areas of rehabili- tation and new sewers. Completion of the work by water- shed allows for early evaluation of the program. It is estimated that each phase will take about two years to complete. Survey and design will proceed concurrently in one phase while construction and rehabilitation is being conducted for those basins included in a previous phase. The type of sewer rehabilitation is antici- pated to be the same in all phases in- cluding public and private sector work. The types of public sector re- habilitation will include manhole re- pair, sewer line repairs and grouting, relief sewers, cross -connection re- movals, and in-place lining of sewers. Conclusions The "project approach" used in the Mission District study can be applied to provide information for determin- ing the total cost of proceeding with survey, design, and construction ac- tivities. This enables planners to evaluate the work based on economic feasibility. In addition, the level of protection against peak flow during wet weather conditions can be selected from the partial survey data. The grouping of the work by geo- graphical areas allows an early evalu- ation of the program and helps control construction costs and area construc- tion activity. The Mission District study indicates that system flow monitoring and selective survey in- vestigation can achieve the following: ♦ Provide cost-effective evaluation of sewer rehabilitation alternatives. ♦ Project the total system rehabili- tation cost. ♦ Develop a rationale for the selec- tion of a storm design level of protec- tion. ♦ Determine a phasing schedule for implementation of a selected so- lution. E300 Acknowledgment. Data used in this study were obtained during the sewer sur- vey conducted by RJN Environmental and funded by the Johnson County Unified Wastewater Districts. This article is based on a paper presented at the Water Pollu- tion Control Federation Conference held in Kansas City, Missouri, October 1985. References 1. "One Technique for Estimating Inflow with Surcharge Conditions." Richard J. Nogaj and Alan J. Hollenbeck, Journal WPCF, April 1981. 2. "Selection of Optimum Storm Fre- quency for Sewer Studies." Richard J. Nogaj and George A. Braam, Journal WPCF, October 1982. 67 1400 25 -YEAR STORM 1300-- 30012001100 1200-- 1100 W Z 1000 W 2 n 900 o_ W y 600 c¢� a _ „Jj 700.- 0 N Z 600 a y 10 -YEAR STORM Z 500 W= W " 400-- Q. F 300 y U 200- 5 -YEAR STORM 100 t 2 -YEAR STORM 0 0 10 20 30 40 TOTAL PRESENT WORTH (MILLION DOLLARS) PUBLIC WORKS for October, 1986 provements early in the program. Perimeter basins will be completed first so that these basins will not be subject to upstream tributary areas that could overload areas of rehabili- tation and new sewers. Completion of the work by water- shed allows for early evaluation of the program. It is estimated that each phase will take about two years to complete. Survey and design will proceed concurrently in one phase while construction and rehabilitation is being conducted for those basins included in a previous phase. The type of sewer rehabilitation is antici- pated to be the same in all phases in- cluding public and private sector work. The types of public sector re- habilitation will include manhole re- pair, sewer line repairs and grouting, relief sewers, cross -connection re- movals, and in-place lining of sewers. Conclusions The "project approach" used in the Mission District study can be applied to provide information for determin- ing the total cost of proceeding with survey, design, and construction ac- tivities. This enables planners to evaluate the work based on economic feasibility. In addition, the level of protection against peak flow during wet weather conditions can be selected from the partial survey data. The grouping of the work by geo- graphical areas allows an early evalu- ation of the program and helps control construction costs and area construc- tion activity. The Mission District study indicates that system flow monitoring and selective survey in- vestigation can achieve the following: ♦ Provide cost-effective evaluation of sewer rehabilitation alternatives. ♦ Project the total system rehabili- tation cost. ♦ Develop a rationale for the selec- tion of a storm design level of protec- tion. ♦ Determine a phasing schedule for implementation of a selected so- lution. E300 Acknowledgment. Data used in this study were obtained during the sewer sur- vey conducted by RJN Environmental and funded by the Johnson County Unified Wastewater Districts. This article is based on a paper presented at the Water Pollu- tion Control Federation Conference held in Kansas City, Missouri, October 1985. References 1. "One Technique for Estimating Inflow with Surcharge Conditions." Richard J. Nogaj and Alan J. Hollenbeck, Journal WPCF, April 1981. 2. "Selection of Optimum Storm Fre- quency for Sewer Studies." Richard J. Nogaj and George A. Braam, Journal WPCF, October 1982. 67 N"3 - AG7kM:)A F2' S 110,kZ '41-1 EkA # 0 MEMORANDUM TO: BOARD OF DIRECTORS-ATASCADERO COUNTY SANITATION DISTRICT THROUGH: MICHAEL SHELTON, CITY MANAGER , FROM: PAUL M. SENSIBAUGH, DIRECTOR OF PUBLIC WORKSICITY ENGINEER SUBJECT: INTERPRETATION OF RESOLUTION 20-84 AND APPEAL OF SANITATION FEES - CASA CAMINO APARTMENTS/DON MESSER RECOMMENDATION: .w r. s: Staff recommends that the Board support the payment of sewer annexation fees and sewer charges now in effect. BACKGROUND: July 1, 1986 was the effective date of the sewer ordinance update with respect to fees. The above project has proceeded with two phases of 48 units and 52 units. The initial 48 units was applied for under the old fee structure, but the 52 units filed for a permit after July 1,. 1986. Staff is charging fees for this second phase based on current fees. The developer has cited Resolution 20-84 (attached) which reads in part "...payment of all connection and extension fees...". Staff has interpreted this to mean the fees and charges in effect at the time of connection. Mr. Messer and his attorney (letter attached) disagree with this position and are asking for relief under sanitation code section 12.3 (copy attached). DISCUSSION: Due to treatment plant problems prior to the opening of the new plant, the District included in the annexation resolutions of the south side of town language that would add $70 per unit to apartments constructed in this area. This fee was to be added to the normal annexation fee which is not specified by a dollar figure. The revised fee schedule eliminated the special $70 per unit and incorporated that fee into the new charges. Certain provisions regarding on-site lift stations are conditioned during the map filing process. Mr. Lewis' letter (attorney) claims that Precise Plan 11-84 for this project is protected by Map Act section 66498.1 which addresses vested rights. Section 66452(c) states that a map so considered shall include the words "Vesting Tenative Map." Section 66498.1(e), a • 1986 ammendment says that the local agency may impose reasonable conditions on subsequent required approvals or permits necessary for the development. 0 0 In October of 1986 Mr. Messer filed supercedes the previous Precise Plan 11-84. As of the Tract Map the Applicant was conditioned fees in force at the time of recordation construction of additional units." A copy Condition of Approval #3 are attached. Tract Map 1389 whiO a Condition of Approval to "pay all appropriate of the final map or of the Tract Map and Staff's position is that the resolution gave the right to annex based upon fees in effect at the" time of application for sewer service. FISCAL IMPACT: The old fee was $725 per unit plus $70 per unit, or $795 per unit times 52, or a total of $41,340. The new fees and charges are $1123 for annexation plus $533 per unit for the connection fee, or $1656 per unit, or a total of $86,112. The loss to the sewer facilities sinking fund for capital improvements if the old fee is allowed would be $44,772. It is pointed out here that this and other developments anticipated after July 1, 1986 were used in the calculation of the current fees and that future improvements and expansions will rely on the collection of those fees. It should be noted that the unit costs quoted above are for apartment units. If these units are converted to condominiums th� is an additional $123 per unit. GLEN A. LEWIS A PROFESSIONAL LAW CORPORATION 5275 EL CAMINO REAL POST OFFICE BOX 1980 ATASCADERO, CALIFORNIA 93423 TELEPHONE (805) 466-6644 April 21, 1987 Paul Sensibaugh Public Works Director City of Atascadero City Administration Building Atascadero, CA 93422 RE: CASA CAMINO APARTMENTS/DONALD MESSER Dear Mr. Sensibaugh: This law office has been contacted by Mr. Donald Messer with reference to the proposed fees to be charged for the erection of Phase III of the 140 -Unit Casa Camino Apartment Project. In reviewing the documentation supplied to me, more particularly the precise Plan 11-84 Approval and Resolution Number 20-84, it is clear that this particular project comes under the vested right theory under Government Code Section 66498.1. In reviewing Resolution Number 20-84, Subpart 1 (a) through (c), it is clear that the only additional fees to be charged the project developer would be $70.00 per residential unit as stated in item 1(b). No other fees are recited in the Resolution Number 20-84. With reference to the precise Plan 11-84, the conditions stated in that precise plan will be met by my clients. Except for the additional fees of $70.00 per residential unit and the other conditions in the original precise Plan 11-84 presented to the developer as of July 9, 1984, Government Code Section 66498.1 prevents the City of Atascadero or any subagency of the City from imposing any additional fees. Please have this letter presented to the City Council and City Attorney with reference to an application being presently processed on behalf of Don Messer Construction. If you have any questions regarding this letter, please do not hesitate to contact me. Very truly yours, . GRL:rg GLEN R. LEWIS D& MESSER CONSTRU*70N CONTRACTOR'S LICENSE NO. 294114 7450 MORRO ROAD P. O. BOX 1958 ATASCADERO, CALIFORNIA 93423 PHONE (805) 466-0549 Paul Sensibaugh Public Works Director Atascadero, CA 93422 RE: Casa Camino Fees April 14, 1987 Dear Paul, I have reviewed the precise plan approval and resolution I 20-84, the Sewer District extension agreement for the entire 140 unit Casa Camino project in order to understand how the city can increase our sewer fees. It appears clear to me that we have an approved project (all 140 units) and have agreed in advance to what the fees will be. Item # 1B of re- solution 20-84 is very specific as to the amount $70.00 and for future cost of upgrading the local sewer collection system. Condition lA clearly refers to the existing fees and has no reference to future fees since the next item 1B addresses future cost of improvements. Our group has invested a considerable amount of time and money into im- provements related to the development of Phase III: 1. Sewer lift pump and collection system 2. Access roads 3 Frontage road improvements 4. Swimming pool 5. Parking 6. Engineering 7. P G & E Service All of these improvements and expenses were sized in order to accomodate Phase III (52 units). Had we not had an agreement that assured our ability both physically and economically to build Phase III we would not have in- curred as much expense. We feel we have a vested interest in this project and that the prior approval has properly addressed the future fees with item 1B. INDUSTRIAL RESIDENTIAL COMMERCIAL REAL ESTATE Condition 1C also addresses future systems by requiring us to design our system to minimize pumping during peak -flows. I thought we had met your requirements for Phase III, but now I understand we may have to install holding tanks for Phase III. We will co-operate with the city in this regard, but the additional sewer fees were not planned for and could destroy the project after all our efforts and expenses. I have asked Glen Lewis attorney to better explain our position for the benefit of the city attorney. Thank you for your consideration in this matter. Sincerely, Dcn Messer C7 RESOLUTION NO. 20-84 3- 1 EAA� � A RESOLUTION OF THE ATASCADERO COUNTY SANITATION DISTRICT APPROVING EXTENSION OF SEWER SERVICE OUTSIDE THE BOUNDARIES OF IMPROVEMENT DISTRICT NO. 1 AND ESTABLISHING CONDITIONS FOR -APPROVAL OF SAID EXTENSION FOR APN #45-320-01 WHEREAS, Allen Grimes,.Tom McNamara, Bill McNamara, Stan Cherry, Gayle Sharp and Dennis Bethel own the property described in Exhibits A and B, as attached to this Resolution, and; WHEREAS, the property owner wishes to connect to an existing sewer main in E1 Camino Real, fronting said property, and; WHEREAS, the property described in Exhibits A and B is not within the limits of Improvement District No. 1, and; WHEREAS, an engineered study of the effect of adding this property to the sewer system has been submitted, reviewed and approved by the Public Works Director, and; WHEREAS, said study indicates the future necessity of improvements to the local sewer collection system, with the cost of these improvements pro- rated equally to new connections outside Improvement District No. 1, and; 11 WHEREAS, it is in the interest of the Sanitation District to provide sewer service to residential development in this area of the City. Now, Therefore, Be it Resolved by the Board of Directors of the Atascadero County Sanitation District, as follows: 1 - That the property owned by Allen Grimes, Tom McNamara, Bill McNamara, Stan Cherry, Gayle Sharp and Dennis Bethel, as described in Exhibits A and B is approved for extension of sewer service subject to the following conditions: a - Payment of all connection and extension fees as provided in the Atascadero County Sanitation District Ordinance Code. b - Payment of an additional $70.00 per residential unit, such payment to be in consideration of the future cost of upgrading the local sewer collection system. c - Any on-site sewer lift or pump station must be designed and constructed to eliminate pumping into the collection system during periods of peak sewer flows. The system must be designed by a Civil Engineer registered in the State of California, and approved by the City Engineer. Said on-site pump station shall have pro- visions for monitoring, by District employees to determine pumping time utilized. • 0 r d - Obtaining all necessary plumbing and street encroachment permits. On motion by Director Molina and seconded by Director Wilkins the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: Director Wilkins, Molina, Nelson, Stover and Mackey NOES: None ADOPTED: April 23, 1984 ATTEST: �R 7MUR Y L./1�10 EN, Secretary MARJORI R. MACKEY,.Chairman PROVED AS TO CONTENT: APPROVED AS TO FOR UR Y L. ARDEN, City Manager 40 ALLEN GRIMES, City Attorney 01 Exhibit B Legal Description Lot 9 in Block 7 of Eaglet No. 2, according to the Map of Mitchell's Re -subdivision of Rancho Atascadero, as per map recorded January 1, 1920, in Book 2, Page 39 of Maps, in the office of the County Recorder of San Luis Obispo County. �i r Z : EX PI I U IT I, 7PWC - Mtt TEXJPM V>✓ 7V AfF M Af 6, 10705 EZ C" I UD fZLM Or, A- Cii>'A IUV 'FE LU l,[Ill _f )N 1IT i7LZlIN-11MV14 i 0 0 Tentative Tract Map 6-86 (Casa Camino/Dennis Bethel) Is EXHIBIT D - Tentative Tract Map 6-86 Findings for Approval October 6, 1986 CONDITIONS OF APPROVAL: 1. The applicant shall establish Covenants, Conditions, and Restric- tions (CC&Rs) for the regulation of land use, control of nuisances and architectural constrol for all buildings. a. These CC&Rs shall be submitted for review and approval by the City Attorney and Community Development Department prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Homeowners Association. 2. Submit a soils report or engineer's certification that existing soils on the site are adequate to support proposed structures per Chapter 70, subsection (e) of the Uniform Building Code. 3 The applicant shall pay all appropriate fees in force at the time of recordation of the final map or construction of additional units. This shall include the difference between the fees for apartments and single family residences. 4. All requirements of state law (Subdivision Map Act) concerning the conversion of occupied residential units to air -space condominiums shall be complied with. 5. All conditions of approval herein specified are to be complied with prior to the filing of the final map. 6. A final map, 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 Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil .engineer or licensed land surveyor 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. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. 7. Approval of this tentative tract map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 4 i2 Consolidated Ord • 0 12.3 Relief: Any person, who by reason of special circumstances •believes that the application of any of the provisions of this ' Ordinance Code to him is unjust or inequitable, may make written application to the Board of Directors for relief therefrom. 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CIVIL ENGINEERS 313 B East Plaza Drive, Suite 9 • Santa Maria, California 93454 • (805) 928-7666 April 13, 1987 DB -7108 City of Atascadero Post Office Box 747 Atascadero, CA 93423 Attn: Paul Sensibaugh SUBJECT: Casa Camino Sewer Fees Dear Paul: We ve reviewed: the Zpr'os for Casa Camino Sewer Extension and Precise Plan,and find the gewer fee to be $70.00. We believe th's eitablishes'the fees t,� be paid and request the permits be is ued based qri this fee. / Sin erely, Dennis Bethel, P.E. DB:cb 0 r+ ADMINISTRATION BUILDING POST OFFICE BOX 747 ,ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-8000 CITY COUNCIL CITY CLERK CITY TREASURER CITY MANAGER FINANCE DEPARTMENT PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT RECREATION DEPARTMENT - an ova is INCORPORATED JULY 2, 1979 June 25, 1984 - CITY ATTORNEY POST OFFICE BOX 749 -- - ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-5678 POLICE DEPARTMENT POST OFFICE BOX 747 ATASCADERO, CALIFORNIA PHONE: (805) 466.8600 0 FIRE DEPARTMENT 6005 LEWIS AVENUE ` ATASCADERO. CALIFORNIA 93422 - PHONE: (805) 466-2141 Dennis Bethel and Associates 313 B East Plaza Drive - Suite 9 Santa Maria, CA 93454 RE: PRECISE PLAN 11-84 (10705 El Camino Real) 140 unit multiple family residential project (Lot 9, Block 7, Eaglet #2) Dear Mr. Bethel: The City of Atascadero has received and reviewed your application for a Precise Plan and Environmental Determination for approval of devel- opment of a 140 unit multiple family residential project at the above referenced location. The proposed site is zoned RMF/16 (Residential Multiple, Family, 16 units per acre) and the proposed use would be allowable as defined as Multiple Family Dwellings (Section 9-3.172(f)). The surrounding properties are all zoned RMF/16 and are partially dev- eloped with residential uses, with the exception of the property to the north and east that is in the County and contains the State Hospital. The proposed project is in compliance with the provisions of the Zon- ing Ordinance with the exception of: Section 9-4.115(c) — Requiring the provision of five handicapped stalls Section 9-4.104(b) - Requiring a front yard setback of 25'-0" for 6'-0" fences Section 9-4.129(b)(1) - Requiring trash enclosures to be within 100 feet of each building A review by the Planning Director of the Environmental Description form and application along with other background information shows that the project will have no detrimental effect upon the environment, therefore, a Negative Declaration has been prepared. The Director has also found the project to be in compliance with the provisions of the Zoning Ordinance with the exception of those sections stated a�. JOB # �u v By • The proposed Precise Plan is approved as shown on attached Exhibit A (site plan), Exhibit B (elevation), and subject to the conditions of approval listed in Exhibit C. Final approval of the Precise Plan will become effective at 5:00 p.m. on July 9, 1984, unless appealed. In the event you intend to appeal any of the conditions, your appeal should be in writing and should state the reasons for the appeal. Any appeal would be scheduled for Planning Commission consideration as a public hearing. You should, however, discuss any objections to the conditions with the Planning Staff as it may be possible to alter con- ditions after such discussion. If you should have any questions concerning this project, you are wel- come to contact this office for assistance. Sincerely, Joel Moses Associate Planner JM:ps Enclosures • • OA mi Ru 33 m 0 ti Y �iI o y O A > r m A p a � >Z 2 O O s 7 A 0I m�9 m' c- rr I I s 7 2 �l JJIr tat 3jd � • 7 u IM i � 1 S i t F LTi 'F1 m a Z m r m a 0 z T t-- 0 0 0 m T r a z .r 0 m m r m 0 z OFNNII hfTM61 • AS -AX -IAM, CASA CAMINO APARTMENTS - ---- • EXHIBIT C Conditions of Approval Precise Plan 11-84 10705 El Camino Real (Casa Camino Properties/Bethel) 1. All construction shall be in conformance with approved Exhibits A (site plan), B (elevations), and C (conditions of approval) along with all other applicable codes and ordinances of the City of Atascadero. 2. Each phase shall conform to all sections of the Zoning Ordinance including the required handicapped parking stall requirements and trash enclosure requirements. 3. Landscape and irrigation plans shall be reviewed and approved by the Planning Department prior to the issuance of a building permit. 4. The wall along the front property line shall be relocated outside the front yard setback or reduced to 3'-0" in height. 5. Improvement plans for curb, gutter, sidewalk and paveout shall be reviewed and approved by the Public Works Department prior to the issuance of a building permit. 6. A second access shall be provided to fi Camino Real for emergency access with the design to be reviewed and approved by the Fire Department prior to the issuance of a building perit. Improvement plans sh-11 also include a fire hydrant with the type and location to be approved by the Fire Department. 5.. This Precise Plan approval is approved for one year from the date of final approval. 3 ADMINISTRATION BUILDING PCb _ FICE BOX 747 -ATAS .1�RO, CALIFORNIA 93423 PHONE: (805( 466-8000 CITY COUNCIL CITY CLERK CITY TREASURER CITY MANAGER FINANCE DEPARTMENT PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT RECREATION DEPARTMENT, July 26, 1984 Dennis Bethel and Associates 313 B East Plaza Drive - Suite 9 Santa Maria, CA 93454 SUBJECT: PRECISE PLAN 11-84 10705 El Camino Real Dear Mr. Bethel: CITY ATTORNEY POST OFFICE BOX 749 ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-5678 POLICE DEPARTMENT - POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 910 PHONE: (805) 466-8600 FIRE DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 PHONE: (805) 466-2141 This is to advise that approval of the above -referenced applica- tion concerning your request to approve a 140 unit multiple fam- ily residential project became effective at 5:00 p.m. on July 9, 1984. No appeals were received during the appeal period which ended on that same date. Enclosed please find a Final Notice of Approval for the project. If you should have any questions or concerns regarding this matter, please feel free to contact the Planning Department. Sincerely, Joel Moses Associate Planner JM:ps cc: Casa Camino Properties • st,r FIL c. ft l - J03 T 0 NOTICE OF APPROVAL OF PRECISE PLAN 3JECT: PRECISE PLAN 11-84 LOC ATI ON : 10705 E1 Camino Real (Lot 9, Block 7) APPLICANT: Dennis Bethel and Associates REQUEST: To approve development of a 140 unit multiple family resi- dential project. NOTICE IS HEREBY GIVEN that Precise Plan 11-84 has been approved by the Planning Director. Copies of the Staff Report, plans, and re- lated project information are available for public review and comment in the Planning Department (Room 103), Administration Building, 6500 Palma Avenue, Atascadero, California. The Planning Director has prepared a Negative Declaration indica- ting the project will not have a significant adverse effect upon the environment. This is to advise that approval of Precise Plan 11-84 became ef- fective at 5:00 p.m. on July 9, 1984. Dated:_ July 26, 1984 WAYNE LOFT S, Pla ing irector City of Atascadero, California cc: City Council City Manager City Attorney Planning Commission MJ O'Brien CM Colombo Victor Mori Jr. Holiday Paper Products Inc. BH Baker G Wood c/o JK Nelson AOMINISTRATION BUILDING , ~� CITY ATTORNEY POST OFFICE BOX 747 !' POST OFFICE BOX 606 ATASCADERO. CALIFORNIA 93423 ATASCADERO. CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466.4422 CITY COUNCIL CITY CLERK CITY TREASURER CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC WORKS DEPARTMENT PARKS AND RECREATION DEPARTMENT June 23, 1986 '"AISIZI famm INCORPORATED JULY 2. 1979 Dennis Bethel and Associates 313 B East Plaza Drive'- Suite 9 Santa Maria, CA 93454 POLICE DEPARTMENT POST OFFICE BOX 747 ATASCADERO. CALIFORNIA 9 PHONE: (805) 466-8600 is FIRE DEPARTMENT 6005 LEWIS AVENUE ATASCADERO. CALIFORNIA 93422 PHONE: (805) 466-2141 RE: Time Extension: Precise Plan 11-84 (10705 E1 Camino Real - Casa Camino Apartments) Dear Mr. Bethel: I have reviewed your request for a time extension for the above -referenced precise plan. The approval would normally expire on July 9, 1986. Pursuant to Section 9-2.118 of the Zoning Ordinance, the approvals have been extended to July 9, 1987. Normally, a second time extension would require Planning Commission approval. In that the previously granted time extension was unnecessary, this extension will be con- sidered the first one. If you should have any questions concerning this matter, please contact the Community Development Department for assistance. Sincerely, 1 �a Doug Da idson Assistant Planner DD:ps is FILE - JOB a 1- 3y 1 A n A/ NOTICE OF APPROVAL OF PRECISE PLAN SUBJECT: PRECISE PLAN 11-84 LOCATION: 10705 El Camino Real (Lot 9, Block 7) APPLICANT: Dennis Bethel and Associates REQUEST: To approve development of a 140 unit multiple family resi- dential project. NOTICE IS HEREBY GIVEN that Precise Plan 11-84 has been approved by the Planning Director. Copies of the Staff Report, plans and rela- ted project information are available for public review and comment in the Planning Department (Room 103), Administration Building, 6500 Pal- ma Avenue, Atascadero, California. The Planning Director has prepared a draft Negative Declaration indicating the project will not have a significant adverse effect upon the environment. The final date for appeal is fourteen (14) days after the decision of the Planning Director, or until 5:00 p.m. on July 9, 1984. Anyone wishing" further information on this proposed project may do so by appearing in' -person at the Planning Department or by phoning 466-8000. Unless appealed, the approval of Precise Plan 11-84 will become effective at 5:00 p.m. on July 9, 1984. Dated: June 25, 1984 4WAY LOFTU , anning Director City of Atascadero, California cc: City Council City Manager City Attorney Planning Commission Dennis Bethel and Associates Casa Camino Properties MJ O'Brien CM Colombo Victor Mori Jr. Holiday Paper Products Inc. BH Baker. G Wood c/o JK Nelson FILE JOB 11 By — 6a .� DATE �% ITEM # • 0 • MEMORANDUM To: Board of Directors-Atascadero County Sanitation District Through: Michael Shelton, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject: Merchant Way Sewer Connection -Request for Exception Date: May 5, 1987 Recommendation: Staff recommends that the Board approve the connection of two buildings to the public sewer by a common building sewer conditional upon recordation of an appropiate easement and a maintenance agreement by the applicant for connection. Backround: The Merchant Way Sewer Asesssment District No.3 in Cease and Desist Area "F" has been completed and owners have approximately two • years to connect. Several properties are already connected but a few of the lots that front on Santa Rosa are still working on easement., access to the main sewer. The project included the running of' laterals to the northerly property line of the Santa Rosa lots (rear of the Merchant Way lots). A lateral was run to Lot 71 within a negotiated easement through Lot 81 (refer to enclosed map). This easement was planned to be on the westerly lot line but was shifted to the easterly lot line. At that time it was agreed with the owner of Lot 72 to include its lateral within that same easement, which was done. Subsequently Lot 80 obtained a building permit which resulted in a 10 foot cut at the face of lot 72. This cut intercepted the leach field of Lot 72 which for the most part relied upon the lakefront lot for adequate Percolation. Raw sewage effluent soon began to flow from the saturated soil onto Lot 80, across the street and into the Lake. The Health Department was contacted by neighbors and the Planning Department enforcement team was notified. Public Works was asked to find an appropiate solution to the problem as quickly as possible. Indeed, the Health Department was ready to "red tag" the building on Lot 72 as occupation was causing a nusiance and health hazzard for neighboring properties. Due to the lack of room behind and above the wall and the threat of collapse of the wall from an overburden on the retained soil, it was not feasible to use heavy equipment for • excavation, and the deep cut necessary could not be made without bracing. A local contractor's cost for the work was $1500 but he didn't want to do the work. Since it was determined to be impracticable to use the suggest* easement, the easterly side of the lot was suggested through an existing 5 -foot utility easement. However, the wall had effectively blocked this path and trenching was next to impossible. The remaining solution was to communicate with the owner of Lot 73 to the south. A lateral had already been run to serve the latter property and was within a few feet of the septic tank (located under the kitchen!) of Problem Lot 72. There was not enough room in the present trench in, the area where the wall was wraped on the south line of Lot 80 to accomodate another lateral. Discussion: In an attempt to solve a health hazzard problem the Director contented to connection into the neighbor's lateral, conditional upon three (3) actions: (1) The Board must concur of the Director's decision, (2) The owner of Lot 72 must acquire an easement from Lot 73 (note that that owner did give concent to such an arrangement), and that Lot 72 must file a maintenance agreement for the common lateral which would go with its .land. Article 7.1 of the Sanitation Code says that "Every building..... shall be seperately and independently connected with public sewer....., except that the district may approve the connection of more than one building to the public sewer by a common build sewer." Exceptions have been made in the past by staff if t� development is under common ownership ,such as an apartment, complex or condominium project. Due to maintenance headaches and administrative nightmares it is generally unacceptable to allow two or more single family buildings to use a common lateral. This appears to be a unique case with no other reasonable solution and staff recommends approval of the exception as conditioned. Fiscal Impact: This is a losing proposition for the ACSD. The lateral run initially will be "eaten" by the City and the alternative connection substituted in its place. The loss will be approximately $750. The owner denies that he ever found the initial lateral acceptable and is willing to defend his position. Although staff and our consultant disagree with this attitude, it appears that the recommended solution will prove to be the least costly for everyone involved. V9 • 6 1 v' aI s; n� a ►- i �Li < e Q W ILI v J j r- 4 4 F Z; 6 C 0 Consolidated Ord. • a fees for the doing and inspection thereof have been paid, th District s cause to be issued to the person, or firm ortr corporation const r such work a certificate of final inspection, which certificate shall reci at such work has been done pursuant to the permit has been constructed a 'n to the Ordinance provisions of said District, and that said wor 'n sanitary condition. The District shall not issue such certifica inspection unless the requirements of this Ordinance Code have been met. Exceptions granted in extreme cases, i.e. two buiZdinas on the same Zot and one cannot get hooked up without extreme difficuZty due to the location of the first house. ARTICLE 7. BUILDING SEWERS 7.1 Every building in which plumbing fixtures are installed or located shall be separately and independently connected with public sewer or septic tank, except that the district may approve the connection of more than one building to the public sewer by a common 1 building sewer. 2 The requirements for building sewers as set forth in the la t st adopted versions of the Uniform Plumbing Code shall apply the 'strict and are incorporated herein by reference. However, the re lations of this Ordinance Code are more restrictive than Plumbing ode, this Code shall apply. (Amme ed by Ordinance #54, May 24, 1982) 7.3 Building ewers may be constructed only of the following material in I where said C] s. a. Vitrifie clay pipe, extra strength, with either bell and spigot or ain ends. Only approved flexible compression type joints all be used with vitrified clay pipe. b. Cast iron soil ipe and fittings, with either bell and spigot cast iron soil p' e shall be firmly packed with oakum and filled with molten lead to a depth of not less one (1) inch, and then thoroughly aulked. Approved flexible compression fittings each consists g of a rubber sleeve and a stainless steel compression band, hall be used to join plain -end cast iron soil pipe and fittin c. Asbestos -cement pipe, Class 500, or heavier. Joints of asbestos -cement pipe shall be ade according to the manufacturer's specifications a d shall be a sleeve coupling of the same composition as the pi e and sealed with rubber rings, or joined by an approved ty compression couoijq . Joints between asbestos -cement pipe d other approv?,j shall be made by means of an approved aptor coupling.' 7.4 No building sewer shall be constructed with pi of internal diameter less than (4) inches. 7.5 Building sewers shall be placed on a uniform slope o not less than one-fourth (1/4) of an inch per foot, except that when it is no practical to obtain this slope, then a slope of not less than one-eighth (1/8) of an inch per foot may be used when approved District. the 91 • • MEMORANDUM TO: Board of Directors Atascadero County Sanitation District THROUGH: Mike Shelton, City Manager FROM: Paul M. Sensibaugh, Director of Public Works SUBJECT: Purchase of Tractor - Sanitation District DATE: May 6, 1987 Recommendation: Staff recommends that Council award the bid -for the purchase of a new tractor to Ryan Equipment, Santa Maria, Ca. Background: On January 26, 1987 Council authorized staff to advertise for bids for the purchase of a new Backhoe - Tractor for the Sanitation District. Bids were received on May 4th and the results are as follows: Ryan Equipment $31,272.65 *Lougee Michael 31,096.16 *Cal Coast Machine 29,109.64 *The equipment submitted by these companies does not meet the bid specifications. Discussion: Technically, Ryan Equipment is the sole bidder for the equipment specified. The machinery bid by the other two companies is smaller and lighter duty than what is ,required. Fiscal Impact: The 1986/87 Sanitation District Budget allocates $35,000 for a new Backhoe -Tractor. • • M E M O R A N D U M TO: City Council Members FROM: Michael Shelton_ City Manager ,:''T�i`�a AGcPiDA J May 12, 1987 SUBJECT: FORMATION OF ATASCADERO LAKE PARK PROPERTY ACQUISITION AD HOC COMMITTEE RECOMMENDATION: City Council appoint an ad hoc committee of two Council Members, the Parks and Recreation Director, Administrative Services Director, and City Manager to evaluate and make recommendations regarding acquisition of Atascadero Lake Park property. DISCUSSION: At the March 24, 1987 Council Meeting, staff presented for Council consideration a general plan conformity finding that • would enable the City to surplus City -owned properties on Lake View Drive. The purpose of the proposed sale was to obtain funding to acquire desired properties along Highway 41 fronting the park. Council concurred with the need to acquire the additional prop- erty, but not at the expense of giving up current open space around the lake. Council directed staff to evaluate alternative financing methods and bring the item back for further consider- ation at a future Council Meeting. Staff feels that since this item is a non -budgeted item in the current year budget, Council may want to consider other park land acquisition and improvement priorities along with the lake park property. The budget process, which will begin in the next month, will provide a more in-depth analysis, not only prioritiz- ing park land acquisition and improvement needs, but -also review- ing current revenue sources. The purpose of formation of an ad hoc committee at this time would serve to analyze possible alternative funding sources not currently available to the City and to make further contact with property owners to determine possible alternative acquisition options. This more in-depth analysis by the committee will enhance the budget review and decision making process. • MS:kv File:MAtaslak LIVE FILE Ccnvcrt I A(c; ss ;tart; NEW VOLUME BOX ":",�-Tsc o/r voLuZ 1.3187 — Sol OR 7