HomeMy WebLinkAboutAgenda Packet 07/23/1986 r
CINDY WILKINS
DEPUTY CITY CLERK
• AGENDA - ATASCADERO CITY COUNCIL
Regular Meeting
ATASCADERO ADMINISTRATION BUILDING
FOURTH FLOOR, ROTUNDA ROOM
JUNE 23 , 1986
7:30 P.M.
** ALL COUNCIL MEMBERS, STAFF MEMBERS AND CITIZENS ARE REMINDED **
PLEASE SPEAK DIRECTLY INTO THE MICROPHONE
Call to Order
Pledge of Allegiance
Invocation
Roll Call
City Council Comments
** Presentation of Appreciation Plaques to Park and Recreation
Commission Departing Members
** Introduction of David Lara- New Employee - Public Works
Department
** Introduction of Jay Von Bargen - New Employee - Police Department
** Proposed Resolution 62-86 - Acceptance of Election Results for
City Council, Treasurer , and City Clerk Positions
** Administration of Oath of Office for Newly Elected Public
Officials (Council Members, Treasurer , and City Clerk)
** Council Consideration Regarding Mayor and Mayor Pro Tem
Appointments
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
below. There will be no separate discussion of these items. If
discussion is required, that item will be removed from the Consent
Calendar and considered separately. Vote may be roll call.
1. Approval of Minutes of the Regular Council Meeting of June 9,
1986
• 2. Approval of City Treasurer ' s Report - May 1-31, 1986
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• 3. Approval of City Finance Director ' s Report - May 1-31, 1986
4. Proposed Resolution 64-86 - Adopting Business Improvement
Association Bylaws (Approved at 6/9/86 Council Meeting)
5. Approval of 1986 Non-Financial Worksite Agreement for
Summer Jobs for Youth Employment Program
6. Proposed Resolution 63-86 - Authorizing Mayor to Ratify
the Department of Animal Regulation Fiscal year 1986/87
Contract Renewal
7. Approval of Final Lot Line Adjustment 1-86 - 8305 Coromar -
Molina/Twin Cities Engineering
8. Approval of Tentative Parcel Map AT-830311:1 - 3100/3150
Ardilla Road - Time Extension to Comply with Imposed Con-
ditions - Davis/Twin Cities Engineering
9. Approval of Tentative Parcel Map 1-86 - 10870/10900/11020
Santa Ana Road (Lots 26 , 27, & 28 of Block 26) - Division
of 19.80 Acres into 3 Parcels of 4.40 Acres and 1 Parcel
of 6.60 Acres - Nationwide Network Mortgage/Twin Cities
Engineering
S 10. Proposed Denial of Claim for Damages by Ron Edwards for
$1,250 . 00
11. Proposed Denial of Claim for Damages by Mary Brown for
$9, 000. 00
12. Authorization to Begin Bid Procedures for Grounds Maintenance
Services for Park Facilities
13. Authorization to Prepare a Resolution of Intent to Formulate
a Street Maintenance District - Cayucos Avenue
J 14. Authorization to Hire Planning Department Interns for Phase
I - General Plan Update
C_ 3
B. HEARINGS, APPEARANCES, AND REPORTS
1. Appeal of Planning Commission Denial of Proposed Tentative
Parcel Map 7-86 - 6625 Santa Cruz Rd. - Subdivision of a
5.03 Acre Parcel Into Two Parcels of 2. 53 and 2. 50 Acres
Each - Garlick/Daniel Stewart, Engineer (Cont'd from 6/9/86)
2. Proposed Extension of Falcon Cable T.V. Franchise Agreement
from 1991 Expiration Date to 2001
• 3. Appeal of Planning Commission Conditions to Tentative Parcel
Map 9-86 - 8971 San Gabriel Road - Warhurst/Summers
2
• C. UNFINISHED BUSINESS
1. General Plan Amendment 1M-86 - Report from Planning
Commission on Urban Service Line Exemption Requests
(San Gabriel Elementary School & Chalk Mountain Golf
Course)
2. Proposed Zone Change 19-86 - Parking Standards —City of
Atascadero
A. Ordinance 136 - Amending the Zoning Ordinance Text on
Off-Street Parking Requirements for Multi-Family Projects
and Signage Identifying Handicapped Parking Spaces
(SECOND & FINAL READING) (Cont'd from 6/9/86)
3. Proposed Special Study Session for June 30, 1986 Re:
Proposed Separado/Cayucos Cease and Desist Assessment
District
D. NEW BUSINESS
1. Planning Commission Vacancies Status Report
2. Emergency Preparedness Organizations and Functions
A. Proposed Ordinance Number 135 - Establishment of
Emergency Services Organization and Functions for the
City of Atascadero (FIRST READING)
B. Proposed Resolution 58-86 - Approving and Agreeing to
Abide by California -Disaster and Civil Defense Master
Mutual Aid Agreement
C. Proposed Resolution 59-86 - Approving Rules and
Regulations Established by the California Emergency
Council Relative to Workmen' s Compensation Benefits
for Registered Volunteer "Disaster Service Workers"
3. Proposed Equestrian Agreement with Paloma Creek Park Equestrian
Committee, Located at Paloma Creek Park
4. Proposed 1986-87 Dial-A-Ride Contract Renewal with
Community Transit Services
5. Proposed Resolution 65-86 - Approving an Interim Budget for
Fiscal year 1 6-8 and Appropriate Funds Thereafter
E. COMMUNITY FORUM
•
F. INDIVIDUAL DETERMINATION AND/OR ACTION
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• 1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
NOTE: MEETING IS ADJOURNED TO:
MONDAY, JUNE 30 , 1986 , AT 7 :30 P.M. , COUNCIL CHAMBERS,
ADMINISTRATION BUILDING, FOR A PUBLIC STUDY SESSION REGARDING
SEPARADO/CAYUCOS CEASE AND DESIST AREA.
MONDAY, JULY 14, 1986, AT 6:00 P.M. , 4TH FLOOR CLUB ROOM,
ADMINISTRATION BUILDING, PRIOR TO THE REGULAR COUNCIL
MEETING TO INTERVIEW PARKS AND RECREATION COMMISSION
APPLICANTS.
•
•
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RESOLUTION NO. 62-86
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON JUNE 3, 1986, DECLARING
THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted
in the City of Atascadero, California, on Tuesday, June 3, 1986,
as required by law; and
WHEREAS, notice of the election was given in time, form and
manner as provided by law; that voting precincts were properly
established; that election officers were appointed and that in
all respects the election was held and conducted and the votes
were cast, received and canvassed and the returns made and de-
clared in time, form and manner as required by the provisions of
the Elections Code of the State of California for the holding of
elections in general law cities; and
WHEREAS, pursuant to Resolution No. 12-86, adopted February
11, 1986, the County Clerk canvassed the returns of the election
and has certified the results to this City Council, the results
are received, attached and made a part hereof as "Exhibit A" .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOL-
LOWS:
SECTION 1. That the whole numbe�r� &4
votes cast in the City
except absent voter ballots was � .
That the whole number of absent voter ballots cast in the
City was � (o , making a total of votes cast in
the City.
SECTION 2. That the names of persons voted for at the
election for Member of the City Council are as follows:
Rolfe D. Nelson
Bonita Borgeson
James (Rich) Ashby
Terril L. Graham
Debra L. Kankiewicz
Marjorie R. Mackey
Sharon Morin
That the names of the persons voted for at the election for
City Clerk are as follows:
Boyd C. Sharitz
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(Resolution No. 62-86, cont'd)
That the names of the persons voted for at the election for
City Treasurer are as follows:
Charles E. Bourbeau
SECTION 3. That the number of votes given at each precinct
and the number of votes given in the City to each of the persons
above named for the respective offices for which the persons were
candidates were as listed in Exhibit "A" attached.
SECTION 4. The City Council does declare and determine that:
Marjorie R. Mackey was elected as Member of the City
Council for the full term of four years;
Bonita Borgeson was elected as Member of the City
Council for the full term of four years;
Boyd C. Sharitz was elected as City Clerk for the full
term of four years;
Charles E. Bourbeau was elected as City Treasurer for
the full term of four years;
SECTION 5. The City Clerk shall enter on the records of the
City Council of the City, a statement of the result of the elec-
tion, showing: (1) The whole number of votes cast in the City;
(2) The names of the persons voted for ; (3) For what office each
person was voted for ; (4) The number of votes given at each pre-
cinct to each person; (5) The number of votes given to each per-
son.
SECTION 6. That the City Clerk shall immediately make and
deliver to each of the persons so elected a Certificate of Elec-
tion signed by the City Clerk and authenticated; that the City
Clerk shall also administer to each person elected the Oath of
Office prescribed in the Constitution of the State of California
and shall have them subscribe to it and file it in the office of
the City Clerk. Each and all of the persons so elected shall
then be inducted into the respective office to which they have
been elected.
SECTION 7. That the City Clerk shall certify to the passage
and adoption of this resolution and enter it into the book of
original resolutions.
On Motion by and seconded by
the foregoing resolution is hereby adopted in its
entirety on the following vote:
0.
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(Resolution No. 62-86 , cont'd)
AYES:
NOES:
ABSENT:
ADOPTED:
Mayor
ATTEST:
C. SHAD ity Clerk
APPROVED AS TO FORM:
ROBERT M. JONES, City Attorney
APPROVED AS TO CONTENT:
MICHAEL B. SHELTON, City Manager
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RESOLUTION NO. 12-86
RESOLUTION REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION OF THE CITY OF ATASCADERO
TO BE HELD ON JUNE 3, 1986, WITH THE COUNTY ELECTION
TO BE HELD ON JUNE 3, 1986, PURSUANT TO
SECTION 23302 OF THE ELECTIONS CODE
WHEREAS, the Atascadero City Council will hold a general
municipal election in the City of Atascadero on June 3, 1986, for
the purpose of the election of two members of the City Council,
the City Clerk and City Treasurer ; and
WHEREAS, it is desirable that said general municipal election
be consolidated with the County election to be held on the same
date and that within the City of Atascadero the precincts, pol-
ling places and election officers of the two elections be the
same, and that the San Luis Obispo County Clerk canvass the
returns of the general municipal election and that said County
election and general municipal election be held in all respects
as if there were only one election.
NOW, THEREFORE, THE ATASCADERO CITY COUNCIL DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. That pursuant to the requirements of Section
23302 of the Elections Code, the San Luis Obispo County Board of
Supervisors be and is hereby requested to consent and agree to
the consolidation of a general municipal election with the County
election on Tuesday, the 3rd of June, 1986 , for the purpose of
the election of two members of the City Council, the City Clerk
and City Treasurer.
Section 2. The County Clerk is hereby authorized to canvass
the returns of said general municipal election, which it is here-
by requested to consolidate with said County election, and will
be held in all respects as if there were only one election, and
only one form of ballot shall be used.
Section 3. Said Board of Supervisors is hereby requested to
issue instructions to the County Clerk to take any and all steps
necessary for the holding of said consolidated election.
Section 4. The City of Atascadero recognizes that additional
costs will be incurred by the County by reason of this consolida-
tion and agrees to reimburse the County for any such costs.
Section 5 . The City Clerk of the City of Atascadero is
hereby directed to file a certified copy of this resolution with
the San Luis Obispo County Clerk.
1
(Resolution No. 12-86)
On motion by Councilmember MACKEY and seconded by
Councilmember HANDSITY , the Atascadero City Council hereby
adopts the foregoing resolution in its entirety on the following
roll-call vote:
AYES: COUNCILMEMBERS HANDSITY, MACKEY, MOLINA AND MAYOR NELSON
NOES: NONE
ABSENT: COUNCILWOMAN NORRIS
ADOPTED: 2/11/86 /
� ( V
ROLFE D. NELSON, Mayor
ATTEST.. ,
OBERT M. JONES, City Clerk
APPROVED AS TO FORM:
ROBERT M. JONES, City Attorney
APPROVED AS TO CONTENT:
MICHAEL B. SHELTON, City Manager
2
MINUTES - ATASCADERO CITY COUNCIL
• Regular Meeting, June 9, 1986, 7: 30 p.m.
Atascadero Administration Building
The Regular Meeting of the Atascadero City 'Council was called to order
at 7: 30 p.m. by Mayor Nelson, followed by the Pledge of Allegiance.
ROLL CALL
Present: Councilmembers Mackey, Molina, Norris and Mayor Nelson
Absent: Councilman Handshy
STAFF
Mike Shelton, City Manager ; Robert Jones, City Attorney/City Clerk;
Bud McHale, Police Chief; Henry Engen, Community Development Director;
Paul Sensibaugh, Public Works Director ; Cindy Wilkins, Deputy City
Clerk
COUNCIL/STAFF COMMENTS
Councilwoman Mackey commented on having attended a tourism meeting in
Pismo Beach on May 19th; further information may be obtained from Mag-
gie Rice at the Chamber of Commerce.
. Councilwoman Norris announced that she won' t be present at the next
Council meeting on June 23rd due to a reserved vacation trip to the
Bahamas.
Mayor Nelson announced that a closed session was held prior to
tonight's meeting to discuss employee negotiations and property
acquisition.
A. CONSENT CALENDAR
Councilman Molina requested that the record reflect he has not re-
viewed the BIA Bylaws (Item A-5) , which were delivered to Council
late.
1. Approval of Minutes of the Regular Council Meeting of May 121
1986
2. Approval of Minutes of the Regular Council Meeting of May 27,
1986
3. Bid Award - Construction of Zoo Building - to Hamilton and Son
4. Acknowledge Notice of Completion - 1985 Overlay Project - M.J.
Hermreck (Bid #85-32)
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MOTION: By Councilwoman Mackey that this constitutes the first
reading of Ord. 136 , seconded by Councilman Molina; passed
4:0 , with Councilman Handshy absent. Second reading to be at
the next Council meeting on June 23, 1986.
2. Appeal of Planning Commission Denial of Proposed Tentative Parcel
Map 7-86 6625 Santa Cruz Rd. - Subdivision of One 5.03 Acre
Parcel into Two Parcels of 2. 53 and 2. 50 Acres - Garlick/Daniel
Stewart, Engineer
Henry Engen, Commun. Devel. Director, gave staff report.
Robert Jones, City Attorney, recommended Council continue this matter
in order to research the legality of Council' s possible approval of
this application.
Public Comment
Hlwead applicant, summarized the history of this issue, not-
ing he and his wife originally applied for the split in 1982, which
was approved with certain stipulations and, then, through subsequent
matters, it was denied.
MOTION: By Councilman Molina to direct staff to find exceptions in
order to approve this request, seconded by Councilwoman Nor-
ris; passed 4:0 , with Councilman Handshy absent. Mayor
Nelson announced this item will be continued to the meeting
of June 23rd.
C. UNFINISHED BUSINESS
1. Proposed General Plan Amendment 1C-85 - 8555 E1 Corte (Lots 1-10,
Block 1, Eaglet 2) - ACOMA Corp./Poe
A. Proposed Ordinance 133 - Amending the Zoning Map from
Residential Single Family Medium Density to Residential
Multiple Family, Four (4) Units Per Acre (SECOND READING)
(Cont'd from 5/27/86)
Henry Engen, Commun. Devel. Director, briefly summarized this item.
Councilwoman Mackey responded to questions she has had from people
asking why she voted for this amendment by reading from a portion of
the Staff Report (dated 3/31/86 , p. 3 , paragraph 3) , expressing her
faith in the Commun. Development Dept. ' s findings and recommendation.
No public comment.
MOTION: By Councilman Molina to read Ord. 133 by title only, seconded
by Councilwoman Norris; passed 4 :0 , with Councilman Handshy
absent. Mayor Nelson read Ord. 133 by title.
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MOTION: By Councilman Molina that this constitutes the second readir
and adoption of Ord. 133 , seconded by Councilwoman Norrie
passed by 4 :0 roll-call vote, with Councilman Handshy absent.
2. Proposed General Plan Amendment 1K-86 Initiated by the City of
Atascadero
A. Proposed Ordinance 134 - Amending Zoning Text to Establish
Procedures for Lot Line Adjustments Which Result in a
Reduction of Lot Size for Existing Non-Conforming Lots (SECOND
READING) (Cont'd from 5/27/86)
Henry Engen, Commun. Devel. Director , briefly summarized this item.
No public comment.
MOTION: By Councilwoman Norris to read Ord. 134 by title only,
seconded by Councilman Molina; passed 4:0 , with Councilman
Handshy absent. Mayor Nelson read Ord. 134 by title.
MOTION: By Councilman Molina that this constitutes the second reading
and adoption of Ord. 134 , seconded by Councilwoman Mackey;
passed by 4 :0 roll-call vote, with Councilman Handshy absent.
Robert Jones, City Attorney, responded to concerns of Councilwomar
Mackey by commenting on the approach to this issue (vs. creating
easement, which doesn' t necessarily work in cases where there is
pre-existing trust deed on property) , explaining that it' s better to
treat such situations as a variance in order to allow a decision based
on due process via the Planning Commission and Commun. Devel. Dept.
D. NEW BUSINESS
1. Pre-Application Agreement for Building Permit Applications
Submitted Prior to July 1, 1986
Henry Engen, Commun. Devel. Director, gave staff report, with added
comments from Mike Shelton, City Manager , regarding the question of
whether this issue should have been initiated by -staff or whether it
should be Council policy.
No public comment.
MOTION: By Councilwoman Mackey that Council concur with staff
recommendations (with the understanding that the Community
Development Director would review any proposed rejection of
plans, with any charges levied for premature plan review
based on actual costs incurred by the City) , seconded by
Councilman Molina; passed by 3 : 1 roll-call vote, with Coun-
cilwoman Norris voting NO and Councilman Handshy absent. 0
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MOTION: By Councilman Molina to recess as Council and convene as the
Atascadero County Sanitation District Board of Directors,
seconded by Councilwoman Mackey; passed 4 :0 with Councilman
Handshy absent.
E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD)
1. Bid Results - Assessment District #3 - Marchant Sewer Project
Paul Sensibaugh, Public Works Director , gave staff report.
No public comment.
MOTION: By Director Molina to reject the bids received (for the above
project and re-bid, as outlined in staff report) , seconded by
Director Mackey; passed 4 :0, with Director Handshy absent.
MOTION: By Director Norris to adjourn as ACSD Board of Directors and
reconvene as City Council, seconded by Director Mackey;
passed 4:0 , with Director Handshy absent.
F. COMMUNITY FORUM
Douglas Nix, 4530 Yerba, asked questions regarding the proposed sewer
assessment district (Seperado/Cayucos area) and expressed that he
doesn' t feel the City has appropriately notified the citizens who may
be affected by it. Paul Sensibaugh, Pub. Works Director , responded to
his concerns, noting that there are many noticing and legal require-
ments yet to come as well as additional neighborhood meetings; he also
announced the receipt, just today, of a copy of a schedule from the
Bond Counsel outlining the City' s requirements. (It' s anticipated
that the resolution of intention will be adopted at the meeting of
June 23rd, with the final public hearing scheduled for Sept. 22nd. )
Mr. Nix expressed opposition to being required to be included in the
proposed district, both for financial reasons and the fact that he has
a working septic system and will not benefit from having sewer .
Councilman Molina clarified that Council is trying to abide by the
Cease and Desist Order of the Regional Water Quality Board, and this '
proposal was not initiated by the City for any reason other than
compliance with that order ; he noted that he believes Council is re-
ceptive to the public and open to suggested solutions which would be
of benefit to all concerned.
Mayor Nelson invited Mr. Nix to meet with staff in order to clarify
his understanding of the grant process.
Mike Shelton, City Manager , noted that the City is looking into the
possibility of tax-exempt, long-term financing for the final assess-
ments.
5
Kim Hall, a new homeowner at 4598 San Jacinto, expressed that she we
not notified, and she requested that she receive full notificatio
le
during this process. Paul Sensibaugh responded that many new home-
owners did not receive notification due to their names not having been
placed on the tax rolls yet (which is due to be updated in August) ,
which is where both the Public Works Dept. and the Planning Dept. get
their information.
Bonita Borgeson, 4780 Del Rio, made comments relating to the concerns
of the previous two speakers regarding noticing procedures; she urges
complete public notification and dissemination of information related
to this issue.
G. INDIVIDUAL DETERMINATION AND/OR ACTION
City Council - Councilwoman Mackey displayed a plate which will be
sent, along with some books and other articles symbolizing Atasca-
dero, to Expo 186 in Vancouver , B.C. , in response to a request from
that City' s Mayor earlier this year .
Councilwoman Norris expressed that, since she won' t be at the meet-
ing of June 23rd, should Council make a decision on the new Mayor ,
she will abide by their choice.
City Manager - Mike Shelton reminded Council of the employees'
picnic this Saturday at Heilman Regional Park. Also, he commentEle
on the budget schedule, noting that Dave Jorgensen, Admin. Service
Director, has been out with a back injury and will, hopefully, re-
turn later this week. It' s hoped that the budget review schedule
can be discussed at the next Council meeting.
MEETING ADJOURNED AT 8 : 53 P.M.
RECORDED BY:
ROBERT M. JONES, City Clerk
PREPARED BY:
CINDY WILKINS, Deputy City Clerk
6
0e r
CITY OF ATASCADERO
• TREASURER' S REPORT
MAY 1, 1986 TO MAY 31, 1986
RECEIPTS
TAXES
Property Tax 21,620. 29
Cigarette Tax 4 ,395. 65
Motor Vehicle "In Lieu" 52, 490.76
Sales Tax 110 ,000 .00
Franchise Tax 2,651.66
Livestock-Head Day Tax 92.40
Occupancy Tax 5,351.56
Development Impact Tax 15,077 .00
LICENSES/PERMITS/FEES 45,932.65
GAS TAX 18,535.36
PARKS & RECREATION FEES 16,084.41
LOCAL AGENCY INVESTMENT FUND 140,000.00
TRANSPORTATION SB-325 2,980 .15
ORD. 117 AMAPQA-TECORIDA 7,120.59
MISCELLANEOUS
SB-300 63,421.69
Overages and Shortages (2. 25)
Rents/Concessions 528.11
Sale Maps/Publications/Reports 304.60
Special Police Services 142. 00
Fines & Penalties 789 . 32
Planning Permit Deposits 5,257.12
Bails/Bonds 120 . 00
Traffic Safety 6,593.16
Reimbursement to Expense 861. 04
P.O.S.T. 420 .30
Vouchers Payable 815. 57
Contribution-Life Support Equip. 100.00
Rebates 90. 00
Weed Abatement 2,659.20
Use of City Crews/Equip. 238.56
Performance Bonds 500.00
Refunds 514.75
Miscellaneous 2, 544 .20
Appeals 300 . 00
Sanitation Reimbursement 94 , 484. 50
TOTAL 623, 014.35
• 1
I�
JUNE 13, 1986
•
To All Council Members:
The breakdown detail on all accounts is available
for your viewing in the Finance Department.
�} R
David Jherices
nsen
Admin. Director
3
•
CITY OF ATASCADERO
FINANCE DIRECTOR'S REPORT
MAY 1, 1986 TO MAY 31, 1986
EXPENSE LISTING
PAYROLL DATED 05/14/86 CHECKS #36330-36431 69,731.91
PAYROLL DATED 05/28/86 CHECKS #36432-36531 68,825. 24
VOID CK#29491 CK. REG. DATED 05/09/86 (1,040. 09)
VOID CK#29503 CK. REG. DATED 05/09/86 (28.62)
VOID CKS#29772-29805 CK. REG. DATED 05/30/86 (8,917 .14)
TOTAL 128, 571.30
5
• RESOLUTION 64-86
A RESOLUTION OF THE CITY OF ATASCADERO
ADOPTING THE
BUSINESS IMPROVEMENT ASSOCIATION BY-LAWS
WHEREAS, the Atascadero City Council adopted Ordinance 116
on January 27, 1986, establishing a Business Improvement Area;
and
WHEREAS, the Streets and Highways Code requries adoption of
the By-Laws by the City Council; and
WHEREAS, the City Council reviewed and adopted the Business
Improvement Association By-Laws at its June 9, 1986, Council
Meeting
THEREFORE, be it resolved that the Council of the City of
Atascadero is following up its previous action to adopt the
Business Improvement Association By-Laws with a formal
resolution.
On motion by and seconded by
, the foreging resolution is hereby
adopted in its entirety on the following vote:
• AYES:
NOES:
ABSENT:
DATE:
ATTEST: CITY OF ATASCADERO
ROBERT M. JONES
City Clerk Mayor
APPROVED AS TO FORM:
ROBERT M. JONES,
Attorney
APPROVED AS TO CONTENT:
• MICHAEL B. SHELTON
City Manager
ARTICLE IV. DIRECTORS
Section 4.1 Government; Number. The government of the BIA shall
be vested in, and the business conducted by, a board of nine (9) Direc-
tors who shall be members in good standing and serve without salary.
Collectively the Directors shall be known as the Board of Directors.
Section 4.2 Function. The Board of Directors, in carrying out
the purposes of the BIA, shall advise and recommend policy to the
Atascadero City Council.
Section 4.3 Terms of Office. So that there will be continuity
from year to year, one third (1/3) of the directorships shall be voted
upon each year. An elected Director shall hold office for a term of
three (3) years. In no event, however, shall a Director hold office for
more than two (2) consecutive terms without a lapse of one (1) year as a
member of the Board.
Section 4.4 Removal of Directors. Any Director may be removed
and replaced by a vote of at least seven (7) members of the Board of
Directors.
Section 4.5 Vacancies. Vacancies on the Board of Directors
shall exist on the death, resignation, or removal of any Director. Any
such vacancy shall be filled by appointment for the unexpired term by
the President with the approval of five (5) members of the Board.
Section 4.6 Absentees. The unexcused absence of a member of the
Board from three (3) consecutive regular meetings, or five (5) meetings
in a calendar year, and recorded by the Board, shall be deemed by the
Board as that member's resignation from the Board.
Section 4.7 Nominations. In October of each year, the President
shall select a Nominations Committee composed of at least three (3)
regular members of the BIA in good standing, who may or may not be Board
members, securing the concurrence of the Board in their appointment.
Section 4.8 Official Ballot. Promptly upon being appointed, the
Nominations Committee shall proceed to the selection of candidates for
membership on the Board of Directors for the ensuing year, and shall
prepare a list of such candidates in a number equal to at least the
number of vacancies to be filled, securing the consent of those members
selected in each instance, and reporting the completed list to the Board
at its regular November meeting. The Board shall then cause a ballot to
be prepared showing the full list of candidates and the names of their
businesses. Said ballot shall contain additional spaces for possible
write-in candidates, and voting instructions on the ballot indicating
the number of vacancies to be filled.
Section 4.9 Annual Election. Within seven (7) days after the
November meeting of the Board of Directors, the Official Ballot shall be
mailed to each member of the BIA, to be returned on or before 5:00 p.m.
on a date specified by the Nominations Committee.
Section 4.10 Election Results. Returned ballots shall be can-
vassed by the Nominations Committee and reported at the regular meeting
of the Board of Directors in December for verification of results. The
new Board members shall take their positions in January next following.
ARTICLE V. MEETINGS
Section 5.1 Regular. The Board of Directors shall meet at least
once each month at a place and time determined by the Board.
Section 5.2 Special. Special meetings may be called by the
President or three (3) Board members when deemed necessary.
Section 5.3 Quorum. A two thirds majority of the authorized
number of Board members shall constitute a quorum at any Board meeting.
Section 5.4 Annual Meeting. At least one meeting of the total
membership of the BIA will be each calendar year.
ARTICLE VI. OFFICERS
Section 6.1 Number and Titles. The Officers of the Association
shall be a President, a Vice President, a Treasurer, and a Secretary.
Each of said Officers shall be a member of the Board of Directors.
Section 6.2 Election. The new Officers shall be elected at the
December meeting of the Board of Directors.
Section 6.3 Term. Officers elected shall take office at the
first regular meeting of the Board of Directors in January and shall
serve until the first regular meeting in January of the next year.
Section 6.4 Duties of the President. The President shall be the
chairperson of the Board of Directors and shall be the executive head of
the BIA, shall preside at all Board meetings, and shall either represent
or appoint a representative to all functions where the BIA is to be
represented. The President shall, subject to the approval of the Board,
appoint all committee chairpersons and he/she shall be an ex-officio
member of all committees.
Section 6.5 Duties of the Vice President. In the absence or
disability of the President, the Vice President shall carry out all of
the responsibilities and functions of the President and shall have the
same powers and be subject to the same restrictions as the President.
The Vice President shall have such other powers and perform such other
duties as from time to time may be prescribed by the President or the
Board of Directors.
Section 6.6 Duties of the Treasurer. The Treasurer shall be the
Chief Financial Officer of the BIA.
Section 6.7 Duties of the Secretary. The Secretary shall record
accurate and timely minutes of the Board meetings and be responsible for
mailing notices of meetings and the ballot for election of Officers.
ARTICLE VII. EXECUTIVE COMKITTEE
Section 7.1 Members. The Executive Committee shall be composed
of the President, the Vice President, the Treasurer, the Secretary, and
the immediate Past President so long as the latter continues to serve on
the Board of Directors. If the immediate Past President's term on the
Board has ended, then such vacancy on the Executive Committee may be
left vacant or filled by appointment of the President with the approval
of the Board.
Section 7.2 Duties. In the interim between meetings of the
Board, the Executive Committee shall conduct the non-policy business
affairs of the BIA.
ARTICLE VIII. ADMINISTRATION
Section 8.1 Administrator. The Board of Directors, with the
consent of a majority of the voting membership, may choose to employ an
Administrator or Executive Secretary to assist with the routine business
affairs of the BIA. The Administrator shall serve at the pleasure of
the Board of Directors, subject to a contract agreement between the
Administrator and the BIA. The Administrator shall be selected through
an application and screening process approved by the Board.
ARTICLE IX. FINANCES
Section 9.1 Funding. Funding for the BIA shall be derived from
an assessment equivalent to a percentage of the City business license
fee, paid by each license holder, using the following formula:
25% in 1986
50% in 1987
75% in 1988
100% in 1989 and thereafter
Persons, businesses and institutions exempt from paying the city business
license fee shall be assessed at the following rate subject to the above
formula.
That rate shall be the same as the current City business
license basic fee.
A fee for voluntary membership by persons, businesses, or institutions
which own property within the BIA boundaries will be established by the
Board of Directors in December for the following year.
Section 9.2 Budget. The BIA shall operate on a fiscal year
basis ending on June 30 of each year. The budget for the fiscal year
shall be approved by the Board of Directors and presented to the City
Council for ratification.
ARTICLE X. C0I4MIITTEES
Section 10.1 Standing Committees. In addition to the Executive
Committee of the Board of Directors, the BIA shall have the following
standing committees:
a. Parking
b. Beautification
c. Promotions
d. Budget
e. Nominations
f. Government Liaison
Section 10.2 Appointments. Immediately upon taking office the
President shall appoint, or cause to be appointed, committee chairpersons
subject to approval by the Board of Directors; providing, however, that
chairpersons for the Budget Committee and Nominations Committee need not
be appointed before the March meeting and October Board meeting, respec-
tively.
Section 10.3 Ad Hoc Committees. The President shall appoint
special committees as may from time to time be needed, or as may other-
wise be provided elsewhere in the Bylaws, or with the approval of the
Board of Directors.
Section 10.4 Limitations of Authority. No person or committee
shall have the power to commit the BIA to any financial or policy
obligations without prior approval from the Board.
Section 10.5 Chairpersons. Committee chairpersons shall select
the members of their committee upon the advice and consent of the
President. It shall be the responsibility of the appointed committee
chairperson to prepare agendas and keep minutes of all duly called
meetings, and to keep himself/herself apprised of the current, approved,
operating budget and to operate within these areas on the matter of
finances. Upon conclusion of the annual -fiscal year or upon termination
of the committee, whichever is sooner, a final report for that previous
period of operation must be submitted to the President of the BIA.
ARTICLE XI. MISCELLANEOUS
Section 11.1 Amendments. These Bylaws may be amended by a two
thirds (2/3) vote of the Board members. Any proposed amendment must be
submitted in writing at least fourteen (14) days prior to a scheduled
Board meeting. Proposed amendment(s), as considered by the Board, must
then be mailed to every member by the Secretary in time for consideration
at the next regular Board meeting.
Section 11.2 Voting. When voting by the membership is required,
a ballot must be mailed to each member. The ballots must be returned
within ten (10) days of the date ballots are mailed. A majority of the
ballots returned shall determine the issue.
Section 11.3 Implementation. The Bylaws shall become effective
upon the formation of the BIA, presentation to the membership, approval
by the Board of Directors, and ratification by the City Council.
Section 11.4 Order. All meetings and business affairs shall be
conducted by Robert's Rules of Order, except as may otherwise be incon-
sistent with these Bylaws, in which case the Bylaws shall govern.
Section 11.5 Corres�oax :.rx�e. Correspondence of the B.I.A. will be
conducted through Post Office Box 1607, Atascadero, Ca. 93423.
ATA SCADERO BUSINESS IMPROVEMENT ASSOCIATION:
APPROVED BY BOARD OF DIRECTORS
if
�✓c r
TO: Honorable City Council June 9, 1986
FROM: Mike Shelton, City Manager
SUBJECT: BUSINESS IMPROVEMENT ASSOCIATION (B.I.A. ) BY-LAWS
RECOMMENDATION•
City Council adopt the attached B.I.A. By-Laws.
DISCUSSION:
A petition from the Interim Formation Committee to the City
Council resulted in the adoption of Ordinance Number 116 on
January 27 , 1986, establishing the Business Improvement
Association (attached) . Section 36500 , et. seq. of the Streets
and Highways Code requires the adoption of By-Laws by the City
Council. Accordingly, By-Laws have been drafted by the B. I.A.
Executive Committee, reviewed with the membership, and are being
recommended for your approval.
Attached is a memo from the City Attorney expressing three areas
of concern, of which two have been addressed in the attached pro-
posed By-Laws. Regarding item three, Kirk Pearson has requested
the Council act on the By-Laws, after which an amendment will be
presented to Council at a later date specifying regular meeting
dates, location and time, and noticing procedures for non-regular
meetings.
MS:kv File: MBIA2
cc: Kirk Pearson, B. I.A.
ti
M E M O R A N D U M
TO: MIKE SHELTON
CITY MANAGER
FROM: ROBERT M. JONES
CITY ATTORNEY
May 28 , 1986
RE: By Laws of Atascadero Improvement Association
I have reviewed the attached By Laws of the Atascadero Improvement
Association for the purpose of recommending modifications or
additions , where advised, so that the City Council may ratify
their adoption by the BIA.
My comments concerning additions or modifications are as follows :
1 . The By Laws should set forth the principal place of business
or office for the purpose of correspondence and notice of
the Business Improvement Association.
2. The assessments for BIA members exempt from paying the
City Business License Fee is unclear. presently the By
Laws state that the assessment rate shall be the same
as the current city business license fee. I_f in fact they
are in the Business License Ordinance or Resolution and
this language should be cleaned up.
3. The By Laws should set forth notice requirements for
date, time and place of regular and special meetings
to ensure due process requirements are met. A reasonable
time frame should be used.
Other than the above suggestions , the By Laws appear to comport
with the requirements of Section 36500 , et seq. of the Streets
and Highways Code.
0I
• TO: City Council Members
VIA: Mike Shelton, City Manager , - June 23,1986
FROM: Karen Vaughan, Administrative Secretary
SUBJECT: PROPOSED 1986 SUMMER JOBS FOR YOUTH EMPLOYMENT
PROGRAM
RECOMMENDATION
Council authorize the City Manager to enter into an agreement
with the County Office of San Luis Obispo Superintendent of
Schools for temporary student employment during the summer
months of 1986.
BACKGROUND
The San Luis Obispo Superintendent of Schools offers a Federally
subsidized youth employment program. The goals of the program is
to provide eligible youths a supervised work experience in a
"real work environment" , and an opportunity to examine vocational
opportunities available on the local labor market.
Various Department Heads have expressed a desire to interview
students for positions relating to office/clerical, custodial,
park and zoo maintenance, drafting, weed abatement, and general
maintenance duties.
This particular program has been , offered to the City of
Atascadero annually, and is short term in that length of employ-
ment for each student is a maximum of 200 hours.
The City Attorney has reviewed the attached 1986 agreement, and
approved the content language.
FISCAL IMPACT
There is no fiscal impact, as this particular program is totally
subsidized through the County Office of San Luis Obispo
Superintendent os Schools.
Attachment - Agreement, 1986
File: LJOBS
14
0
10. Provide upgrading to higher levels .of training and job rotations, whenever
such movements are feasible. All changes in job duties must be reflected in
a revised job description.
11 . Review the level of performance for each participant(s) at each pay period as
indicated at the bottom of the youth's timesheet and review participant(s)
progress midway through the program utilizing evaluation forms provided by OCSS
and provide a copy of same to OCSS.
12. Provide release time for the participant(s) to attend skill training, counseling,
and remedial education as part of the career orientation process furnished by
OCSS.
13. Notify OCSS immediately should there be a change in number of participants
served or worksite activities, which will enable OCSS to modify the agreement to
reflect the proper information.
14. Immediately request any vacant position(s) be filled, in accordance with pro-
cedures established by OCSS.
15. Submit to OCSS authenticated participant time sheets (and Worker's Compensation
claims, if any), in accordance with OCSS payroll policies and procedures.
16. Assure the Worksite supervisor of each participant maintains accurate time and
attendance records reflecting actual time worked; that participants sign in and
out using the standard SJY forms provided and that no compensation is provided
for unexcused absences, unworked hours or recreational activities.
17. Assure that time and attendance records are signed by both participant and
supervisor at the end of each pay period. (Signatures will verify accuracy of
the report. ) Records will be picked up on a bi-monthly basis by a member of
OCSS Staff. The pick-ups will be on days established by OCSS. Participants
will receive the established minimum wage of $3.35/hr.
18. Abide by all Department of Labor, JTPA regulations and PIC of SLO Co., Inc.
policies and procedures as applicable to this program. (Child Labor Laws
included. )
19. Insure that the Non-Financial Worksite Agreement will be updated to reflect
current conditions.
20. Provide access for San Luis Obispo County Superintendent of Schools/SJY Staff,
State Job Training Staff and/or Department of Labor representative to all
participants, supervisors, documents and facilities applicable to this agree-
ment for the purpose of monitoring program performance.
BY OFFICE OF SAN LUIS OBISPO COUNTY CITY OF ATASCADERO,
SUPERINTENDENT OF SCHOOLS (OCSS)
(O-
SJY Counselor Date 14ICHAEL B. SHELTON
City Manager
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• TO: City Council Members June 23,1986
VIA: , Mike Shelton, City Manager ,
FROM: Bud Mc Hale, Police Chief
SUBJECT: ANIMAL REGULATION CONTRACT FOR FISCAL YEAR 1986-87
RECOMMENDATION:
Authorize the Mayor to enter into 1986-87 Contract Agreement for
$30 ,147 with San Luis Obispo County Department of Animal Reg-
ulation for continued animal control services and approve Reso-
lution 63-86 ratifying the contract.
BACKGROUND:
The San Luis Obispo County Department of Animal Regulations has
provided contractual animal control services since our City' s
incorporation. Basically, the service level has evolved from
year to year based upon actual experience and need. The funding
budgeted for this service is offset by monies collected by the
County for dog licensing, animal redemptions, court fines,
adoption, etc. Our "not to exceed" amount for fiscal year
1985-86 was set at $27, 407, and it is estimated that with the
income generated, as indicated above, our actual animal regu-
lation costs will be approximately $15, 000 in Atascadero.
During the past few years, there have been occasional complaints
from residents that animal control serices are inadequate. In my
judgement, when these few complaints have been addressed, our
County service has been responsive in dealing with the problems
within the provisions of the contract.
The 1986-87 contract provisions will remain with the existing
level of service as provided in the 1985-86 contract.
ALTERNATIVES:
The City of Atascadero could provide all or part of animal
regulation services, using City buildings, equipment and
manpower. It is my opinion, however , with staff concurrence ,
that we simply do not have the financial capability to furnish
this service on our own. Additonally, the service, as provided
by San Luis Obispo County is quite good, with a nominal payment
from the City for services.
• FISCAL IMPACT:
Maximum contribution required of the City for fiscal year 1986-87
($30 ,147) is $2, 740 more than the prior year ($27, 407) or a 10%
1
RESOLUTION NUMBER 63-86
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
APPROVING RATIFICATION OF CONTRACT RENEWAL
WITH THE COUNTY DEPARTMENT OF
ANIMAL REGULATION
FISCAL YEAR 1986-87
WHEREAS, a revised agreement for animal control services has
been submitted to the City of Atascadero for ratification by the
City of Atascadero; and
WHEREAS, it is the desire of the City Council to continue
receiving animal control services from San Luis Obispo County
Animal Regulation Department; and
WHEREAS, the City agrees to pay San Luis Obispo County
any deficits between total revenue credited to City and City' s
allocated costs. City agrees to a maximum sum of $30 ,147. 00
NOW, THEREFORE, the Council of the City of Atascadero
resolves as follows:
Section 1. Authorizes the Mayor to ratify the Fiscal
Year 1986-87 revised agreement for animal control services
with the County of San Luis Obispo Animal Control Department.
On motion by and seconded by
, the foregoing resolution is hereby adopted in its
entirety by the following vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
CITY OF ATASCADERO, CALIFORNIA
BY:
Mayor
1
n
ATTEST:
City Clerk
APPROVED AS TO FORM:
ROBERT M. JONES,
City Attorney
APPROVED AS TO CONTENT:
MI L SHELTON,
City Manager
2
Q
AGREEMENT FOR ANIMAL CONTROL SERVICES
This Agreement is made and entered into this 1st day of July, 1986, by
and between the County of San Luis Obispo, hereinafter referred to as
"County", and the City of Atascadero , hereinafter referred to as "City".
WITNESSETH:
THAT WHEREAS, the City is desirous of contracting with the County for the
performance of the hereinafter described animal control services whithin its
boundaries by the County of San Luis Obispo through the Department of Animal
Regulation; and
WHEREAS, the County is agreeable to providing such services in accordance
with the provisions of the San Luis Obispo County Code Title 9 which provides
for the licensing of dogs, the establishment of a public pound, and for the
collection and care of stray, diseased and vicious animals; and
WHEREAS, the County of San Luis Obispo has established the Department of
Animal Regulation to enforce the ordinances of the County Code Title 9 within
the unincorporated areas of the County; and
WHEREAS, the interests of all citizens would he served by implementation
of Animal Control Services in the incorporated communities of the County; and
WHEREAS, the City is desirous of contracting for said Animal Control
Services.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Definitions:
a. "Animal" as used in this Agreement means any species of
vertebrate creature.
b. "Animal transaction for City" as used in this Agreement means
any of the following actions taken by County on City's behalf, singularly or
in aggregate, as they relate to a single animal or animal owner within a
24-hour period:
(1) Search;
(2) Seizure;
(3) Capture or attempted capture;
(4) Bite investigations;
(5) Issue of written warning or citation;
(6) Pick-up and disposal of dead animal;
(7) Nuisance investigation
(8) Care of injured animal;
(9) Adoption/redemption/destruction
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(10) Extended holds
(11) Court/Hearings
C. "Animals sheltered for City" as used in this Aareement shall
mean any animal delivered to the animal shelter from within City's corporate
limits.
d. . "Man-hour" as used in this Agreement shall refer to the
services of any single County officer, agent, or employee for one hour.
Man-hours shall be recorded to the nearest one-half (1) hour.
d. "Overall Program Costs" as used in this Agreement shall mean
total operating costs incurred providing services of any single component, as
hereinafter described, to any unincorporated areas of County together with the
total operating costs incurred in providing services of any single component
to any incorporated community within County contracting for said component.
Such costs shall include the cost of any leased premises, equipment, and those
subcontracted services as hereinafter described.
f. "Emergency Services" as used in this Agreement shall mean
those services provided by one or more animal control officers during hours
other than regular business hours in response to a call concerning animal
bites,'stray vicious animals or situations in which animals are constituting a
threat to public safety. Emergency services do not include responses to animal
nuisances such as barking or stray dogs.
2. Services Components - The County agrees to provide all necessary
labor, facilities, and equipment to supply the following animal control
service components:
a. General Administration - County agrees to provide management
and supervision of the animal control program, to keep records and provide
statements as hereinafter specified, to operate an animal release annex, to
maintain a headquarters with communication center and dispatcher service .
These services shall hereinafter be referred to as the "gerneral administration
component".
b. Ordinance Conformity - City agrees to adopt animal control
ordinances which conform to or are not in conflict with Chapter 9 of the San
Luis Obispo County Code. Changes and modifications to City codes may be
conducted with the County Department of Animal Regulation's consultation
before adoption. County Department of Animal Regulation may also make
recommendations to cities for changes or modifications to their City ordinance.
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• • D
This service shall hereinafter be referred to as the "Ordinance Review Component".
c. Animal Control Enforcement - County shall enforce all City
Animal Control ordinances and state laws within City's corporate limits,
investigate complaints, including complaints involving animal bites, and issue
citations. These services shall hereinafter be referred to as the "animal
control enforcement component but services under this component shall not
include enforcement of City animal licensing ordinances, which is covered
under the "licensing component", nor shall it include enforcement of zoning
ordinances dealing with animals.
d. Animal Shelter - The County maintains a pound and provides for the
care, housing, and disposal of animals seized within City's corporate limits or
delivered by City's residents. It is understood and agreed that the County
may subcontract the obligations of this paragraph to an independent contractor
or at its option undertake to perform these duties itself. If the County chooses
to undertake these services itself, it agrees to maintain its kennels, cages,
and corrals so as to produce a humane environment. These. services shall here-
inafter be referred to as the "animal shelter component".
e. Public Education - County shall provide information to the
public on the necessity of animal control as recommended by the Animal
Regulation and Control Advisory Committee. This service shall hereinafter
be referred to as the "public education component".
f. Licensing - County shall collect license fees, issue licenses
and receipts for licenses, enforce City Licensing ordinances, and enforce
state and local rabies control laws. County may choose to conduct an animal
vaccination clinic. These services shall hereinafter be referred to as the
"licensing component".
g. Animal Population Control - The cities and county are
encouraged to sponsor a spay and neuter clinic.
3. Animal Regulation and Control Advisory Committee - There shall be
an Animal Regulation and Control Advisory Committee whose responsibility it
will be to review and recommend on all matters of Departmental Policy regarding
overall program administration, level and quality of services, budget, and
ordinance development and amendments. This Advisory Committee shall be made
up of: one representative from each city contracting with the County, one
representative from the County Veterinarians' Association, one representative
from an Animal Welfare Society, one representative from the County Health
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Department, one representative from the Department of Animal Regulation, and
one representative from the County Sheriff's Department. The committee shall
receive staff support from the Department of Animal Regulation.
4. Supervision - The rendition of services specified in paragraph 2 of
this Agreement, and matters incidental to the performances of said services,
and the control of personnel so employed, shall remain in the County.
5. Cooperation - To facilitate the performance of the foregoing functions,
it is hereby agreed that the County shall have the full cooperation and
assistance from the City, its officers, agents, and employees.
6. Special Supplies - It is agreed that in all instances wherein special
supplies, tools, vehicles, equipment, stationery, notices, forms, and the
like must be used in the performance of this contract on behalf of City,
the same shall be supplied by City at its own cost and expense.
7. Employee Compensation and Liability- City shall not be called upon
to assume any liability for the direct payment of any salaries, wages, or other
compensation to any County personnel performing services hereunder, or any
liability other than that provided in this Agreement. The City shall not be
liable for compensation or indemnity to any County employee for injury or
sickness arising out of his employement.
8. Idemnification - County shall defend, indemnify and save harmless
the City, its officers, agents and employees, from any and all claims, demands,
damages, costs, expenses, or liability arising out of this Agreement or
occasioned by the performance or attempted performance of the provisions hereof,
except those arising from the sole negligence or wilful misconduct of the City,
including, but not limited to, any act or omission to act on the part of City
or its agents, employees or other independent contractors directly responsible
to it.
9. Employee Status - All persons employed in the performance of the
services and functions specified in paragraph 2 of this Agreement shall be
County employees: no. present City employee shall become a County employee by
reason of this Agreement; and no person employed hereunder shall have any City
pension, Civil Service, or any similar status or right. For this Agreement,
and for the sole purpose of giving legal status to the performance of the
duties and responsibilities herein, every County officer and employee engaged
in the performance of any service hereunder shall, where necessary, be deemed
an officer or employee of City while performing the services for City.
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10. Prosecution - It shall be the duty of the City Attorney, exercising
the discretion vested in his office, to prosecute violations of the City Animal
Ordinance, and take appropriate legal action with respect to the abatement of
any public nuisance involving animals occurring within City's corporate limits.
11. Term and Renewal - This Agreement shall be effective on the 1st day
of July, 1986, and shall terminate on the 30th day of June, 1987, or the 30th day
of June any year thereafter, provided that no later than March 15th next
preceding said expiration date, either party shall notify the other in writing
that it does not wish to renew same. Otherwise, this Agreement will continue
from year to year.
12. Allocation of Operating Costs - Charges to City for the services
provided by County shall be computed on the following basis:
a. Charges for general adiminstration and ordinance review shall
be $3.50 for each animal transaction for City (defined in subparagraph 1(b)
of this Agreement. A $3.50 charge shall also be applied for each animal delivered
to the control facility by a resident of City. The charges allocated to City
pursuant to this subparagraph 12(a) shall be added to the charges made pursuant
to subparagraphs 12(b) and (c), below when those charges are applicable.
b. Charges for the animal control enforcement service component
shall be $9.50 for each animal transaction (as defined in paragraph 1(b) of
this Agreement) in which the service of an Animal Control Officer is involved,
but excluding those services where charges are made pursuant to subparagraph
12(f) below. The charges allocated pursuant to this subparagraph 12(b) shall
be added to the charges described in paragraph 12(a) above, and where applicable
they may also be added to the charges described in paragraph 12(c) below.
c. Charges for the animal shelter services component shall be
$4.00 for each animal sheltered for City (as defined in paragraph 1(c) of this
Agreement). The charges allocated pursuant to this subparagraph 12(c) shall
be added to the charges described in subparagraph 12(a) above and where
applicable they may also be added to the charges described in subparagraphs
12(b) and (f).
d. Overall program costs (as defined in paragraph 1(e) of this
Agreement) for the public education component services shall be multiplied by
the City's population percent, and that sum shall be charged to City. In no
event shall City's allocated costs for the public education component exceed
15t per capita.
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e. Charges for the licensing component services shall be $2.50
for each animal licensed for City. Should County choose to conduct a
countywide animal vaccination clinic, the costs for conducting such a clinic
shall be multiplied by the ratio created by dividing the number of animals
vaccinated for City animal owners by the total number of animals vaccinated
during the clinic.
f. In payment for those emergency services (as defined in
paragraph 1(f) of this Agreement) provided to City when only standby animal
control officers are on duty, City shall be charged $35.00 per man-hour. This
charge shall be on a portal-to-portal basis, and when applicable, may be added
to the charges imposed pursuant to subparagraphs 12(a) and (c) above.
g. Charges for unrecovered fees, bad checks, and veterinarian
services shall be on an actual cost recovery.
13. Revenue from Fees and Impounds - Revenue from impound charges
collected on animals taken from within City's corporate limits will be
credited against City's allocated costs.
14. Revenue from Licensing - Revenue collected in licensing animals
owned or adopted by residents of City shall be credited to City's allocated
costs.'
15. Deficits - City shall pay County any deficits between total revenue
credited to City and City's allocated costs. City agrees the sum of $ 30,147.00
represents a reimbursement which shall, within the conditions of this Agreement,
be a maximum under which County shall be excused from any furhter performance.
When in the calculation of charges incurred, the Animal Regulation Department
costs equal said amount, this clause shall act as a condition subsequent
excusing the County from any further service under the terms of the contract.
Said payments shall be made on or before the 31st day of August of each year
of this Agreement's existence.
16. Enforceability - The invalidity and unenforceability of any terms or
provisions hereof shall in no way affect the validity or enforceability of
any other terms or provisions.
17. Modification - This Agreement constitutes the entire understanding
of the parties hereto and no changes, amendments or alterations shall be
effective unless in writing and signed by both parties.
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• DI
18. Assignment of Personnel - The number of Animal Control Officers
assigned to any activity shall be within the discretion of the Department of
Animal Regulation of the County of San Luis Obispo.
19. motional Reduction in Services - Notwithstanding any provision
herein to the contrary, City shall have the otpion to select a reduced level
of services for the remainder of the contract period. The Department will
provide a quarterly report of financial status of City's program in a format
acceptable to the Director. Said reports are ordinarily provided at the end
of the ninth, twelfth and third months of each calendar year. City may notify
Director of its election to reduce services within any two weeks after receipt
of said report. Upon receipt of notice of said election Director will provide
a reduced level of service, including emergency services. It is the intent of
the parties to provide a continuation of mandated, emergency services to the
community under this paragraph as an alternative to service termination as
provided in paragraph 15 above.
20. Books and Records - County agrees to keep such books and records
and in such form and manner as County Auditor-Controller shall specify. Said
books shall be open for examination by City at all reasonable times.
21. Notices - Any notice required to be given pursuant to the terms and
provisions hereof shall be in writing and shall be sent by certified or
registered mail to the County at:
Department of Animal Regulation
Route 2, Box 425H
San Luis Obispo, Ca. 93401
and to the City at:
Atascadero City Clerk
6500 Palma Avenue
Atascadero, Ca. 93422
INWITNESS THEREOF, City of Atascadero by resolution duly
adopted by its City Council causes this Agreement to be signed by its mayor
and attested by its clerk, and County of San Luis Obispo by order of the Board
of Supervisors causes these presents to be subscribed by Chairman of said
Board and seal of said Board to be affixed thereto attested by Clerk of said
CITY OF Atascadero COUNTY OF SAN LUIS OBISPO
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mar
By: By:
Mayor Chairman, Board of Supervisors
ATTEST: ATTEST:
Francis M. Cooney, Clerk
Board of Supervisors
City Clerk
By:
Deputy Clerk
APPROVED AS TO FORM AND LEGAL EFFECT
JAMES B. LINDHOLM, JR.
County Counsel
By:
Deputy County Counsel
_B
co-nt o D Saiz ,&i.4 MiJI-70
DEPARTMENT Of ANIMAL REGULATION
COUNTY OPERATIONAL CENTER + RT. 2, BOX 425 H + SAN LUIS OBISPO, CA 93401
ROBERT DOLLAHITE.DIRECTOR AC 80554&5100
. � ►��� � 3 U�bb
June 2, 1986 Ar,scaoeRo
CITY CLERK
Presented for your consideration is the proposed agreement for Animal
Control services for FY '8G- '87 between the County of SLO and each
participating city. As discussed by the County and all City Admini-
strators, the cost of any and all litigation has been added to the
general costs of the programs. Contract costs are only increasing
slightly. Total increase costs to the cities are less than 10%.
I have attached 2 (two) copies of the proposed contracts. Please
sign both copie's and return both copies to me at your earliest con-
venience. The contracts must also be signed by the Board of Super-
visors by July 1, 1986. If there are any questions, please feel free
to call me.
Sincerely,
pay\
Robert Dollahite, Director
R0:db
M E M O R A N D U M
TO: City Council June 23, 1986
VIA: Michael Shelton, City Manager
1V
FROM: Henry Engen, Community Development Director Pet,
SUBJECT: Acceptance of Final Lot Line Adjustment 1-86
LOCATION: 8305 Coromar Road
APPLICANT: George Molina (Twin Cities Engineering)
. On May 12, 1986, the City Council approved Lot Line Adjustment
1-86, subject to certain conditions and in concurrence with the
recommendation of the Planning Commission. The required condi-
tions have been complied with and the final map is recommended
for approval.
HE:ps
cc: George Molina
Twin Cities Engineering
•
�Z7
• M E M 0 R A N D U M
TO: City Council June 23, 1986
VIA: Michael Shelton, City Manager kA
FROM: Henry Engen, Community Development Director -
SUBJECT: Tentative Parcel Map AT 830311:1 (Time Extension)
LOCATION: 3100/3150 Ardilla Road
APPLICANT: Gordon T. Davis (Twin Cities Engineering)
REQUEST: To allow a time extension in order to give the applicant
additional time to comply with the conditions of the ten-
tative map.
On June 2, 1986 , the Planning Commission considered the above-refer-
enced subject on its consent calendar, .unanimously approving the time
extension request to May 23, 1987, subject to the conditions set forth
at the time the project was originally approved.
There was no discussion or public testimony given on this matter.
PS:ps
cc: Gordon T. Davis
Twin Cities Engineering
•
Q
Re: AT 830311:1--Tile Extension (Davis Twin Ciqies
9. General Plan Designation. . . . .Suburban Residential
10. Terrain. . . . . . . . . . . . . . .Steeply sloped lots, heavily
covered with oak trees and nat-
ural grasses
11. Environmental Status. . . . . . . . .Negative Declaration previously
recorded
C. ANALYSIS:
The minimum lot size in the RS (Residential Suburban) zone is 2.5
to 10 acres, depending on the minimum lot size standards of the
zoning ordinance. At 4.7 acres, these four lots do conform to the
Zoning Ordinance.
The tentative map approval requires substantial road improvements
which the applicant is attempting to complete. There have been no
changes in the General Plan or Zoning Ordinance which affect this
approval. Finally, there have been no changes in the character of
the site or surrounding areas which would affect the approval of
this map.
D. RECOMMENDATION:
Staff recommends approval of the time extension request based on
the Findings in Exhibit A and the conditions set forth at the time
the project was originally approved. Approval of this one year
time extension shall expire on May 23, 1987.
SLD:ps
ATTACHMENTS: Exhibit A - Findings for Approval
Exhibit B - Staff Report dated May 16, 1983
2
Re: AT 830311:1--Ti'me Extension (Davis/Twin Cites)
EXHIBIT A - Tentative Parcel Map AT 830311:1
Findings for Approval
June 2, 1986
FINDINGS:
1. There have been no changes to the provisions of the General Plan
or Zoning Ordinance applicable to the project since the approval
of the entitlement.
2. There have been no changes in the character of the site or its
surroundings which affect how the standards of the General Plan or
Zoning Ordinance apply to the project.
3. Substantial site work could not be completed as set forth in Sec-
tion 9-2.114 of the Zoning Ordinance because of circumstances be-
yond the control of the applicant.
3
F elala ,vn i�
F'Ji .
1918R Qom^ �� 1979
CITY OF ATASCADERO
h 'S�DERU'i Planning Department May 16 , 1983
STAFF REPORT
SUBJECT: TENTATIVE PARCEL MAP AT 830311:1
LOCATION: 3100 and 3150 Ardilla Road (Lots 7,8, Block 25)
APPLICANT: Gordon T. Davis (Twin Cities Engineering)
REQUEST: To allow division of two parcels,. totaling 18.83 acres into
four parcels of 4.7 acres each. '
BACKGROUND
1. Existing Zoning: A-1-BV-3-D(508)
2. General Plan: Suburban Single Family Residential
3. Environmental Determination: The applicant has completed an Ini-
tial Study EnvironmeDtal Description form. The Planning Director
has prepared a draft Conditional Negative Declaration indicating
the project will not have any significant adverse impacts upon the
environment if certain mitigation measures are incorporated into
the project.
4. Site Conditions : The site is located on the side of a hill. The
lots are heavily covered with oak trees and natural grasses.
Average slope is 30%. Power lines cross the property diagonally
from a point close to the intersection of the lots and Ardilla
Road toward the southwest corner of Lot 7. Ardilla Road is
unimproved.
5. Project Description: The applicant requests permission to divide
his two lots totaling 18 .83 acres into four equal lots of approxi-
mately 4. 7 acres each. The division would entail installation of
Ardilla Road which is currently a dirt driveway..
STAFF COMMENTS
• On April 7 , 1983 the Subdivision Review Board met with the applicant' s
engineer, John Kennaly. Also in attendance were: Larry Stevens,
Planning Director ; Mike Hicks, Fire Chief; Wayne LaPrade, Planning
Commissioner ; Patsy West, Senior Engineering Technician; Kami Griffin
and Greg Fuz, Planning Interns; and Fred Buss, Associate Planner . The
following items were discussed:
-2-
TENTATIVE
-2-TENTATIVE PARCEL MAP AT 830311 :1 (Davis)
1) Need better indication of lot corners in the field.
2. Indicate the location of the trees in the right-of-way.
3. Frontage improvements will be required including water lines and
a fire hydrant.
The current zoning on the lots is A-1-BV-3 which is a slope-deter-
minant, variable, minimum lot size zone. Actual average slope using .
the contour measurement method is 29.91%. The BV-3 zoning establishes
a 4 1/2 acre minimum lot size for the 25-30% slope range. Review of
the five criteria used to determine minimum lot size in the proposed
RS zoning indicates a minimum lot size of 4. 6 acres. In either case,
the size requested is less than the required minimum.
FINDINGS
1. The application as submitted complies with applicable zoning and
subdivision regulations and conforms with the 1980 Atascadero Gen-
eral Plan. -
2. The project as submitted will not have a significant adverse
effect upon the environment and the preparation of an Environmen-
tal Impact Report is not necessary.
RECOMMENDATION
Based upon the above Findings, the Planning Department recommends:
A) Issuance of a Conditional Negative Declaration as follows:
1. Adequate provision shall be made for draiange and erosion
control and protection in conjunction with road and site
development.
2. Grading and tree removal shall be minimized during all phases
of road and site development.
3. Adequate provision shall be made to minimize fire hazards in
conjunction with site development.
4. Adequate and sufficient tests shall be performed on each lot
to ensure septic suitability at each building site; and,
B) Approval of Tentative Parcel Map AT 830311 : 1 subject to the fol-
lowing conditions:
1. Private sewage disposal systems will be an acceptable method
of sewage disposal if reports and designs are acceptable.
All tests, reports and designs shall conform to methods and
guidelines prescribed by the Manual of Septic Tank Practice
IZ
-3-
TENTATIVE PARCEL MAP AT 830311:1 (Davis)
and other applicable City ordinances. The following Note
shall appear on the Final" Map:
"Appropriate soils reports including a percolation test, a
test to determine the presence of ground water, and a log of
a soil boring to a minimum depth of ten (10) feet shall be
submitted to the Planning Department prior to the issuance of
a building permit. Where soils reports indicate that conven-
tional soil absorption systems are not acceptable, City ap-
proval of plans for an alternative private sewage disposal
system, designed by a Registered Civil Engineer , shall be
required. Depending upon the system, more restrictive re-
quirements may be imposed. "
2. Water shall be obtained from the Atascadero Mutual water Com-
pany and water lines shall exist at the frontage of all par-
cels prior to filing of the Final Map.
3. All other available utilities not already in place shall be
extended underground to each parcel frontage at the time of
building permit. Any utility easements are to be shown on
the Final Map.
4. Efforts shall be made to minimize grading that would be dis-
ruptive to the natural topography and removal of existing,
mature trees. The following shall appear as a Note on the
Final Map:
"No trees shall be removed without compliance with applicable
City ordinances. No grading shall commence without an appro-
priate permit and compliance with applicable City ordinances.
5. •Drainage and erosion control plans, prepared by a Registered
Civil Engineer , shall be submitted for review and approval by
the Planning Department prior to issuance of building permits
in conjunction with installation of private driveways, ac-
cess easement or buildings.
6. Plan and profile drawings of proposed individual driveway (s)
and driveway easements shall be submitted for approval by the
Public Works and Planning Departments in order to determine
average grade and appropriate improvement requirements. If
average slope exceeds 12%, paved improvement would be a re-
quirement at the time of application for a building permit.
Otherwise, an all-weather surface would be required similar-
ly. In no event will driveways be allowed which exceed 20%
in slope. The driveway access shall be improved to a minimum
width of twelve (12) feet and shall have a minimum unobstruc-
ted vertical clearance of fourteen (14) feet. Notes to these
effects shall appear on the Final Map.
7. Roof materials for all structures shall be Class C rating or
better and a Note to that effect shall appear on the Final
Map.
-4-
TENTATIVE PARCEL MAP AT 830311:1 (Davis)
8. All pipelines and other easements of record shall be shown on
the Final Map. A letter shall be submitted from each utility
company indicating the nature and extent of any building re-
strictions. A Note stating any such restrictions shall ap-
pear on the Final Map.
9. Drainage swales shall be indicated on the Final Map and a
Note so shall appear on the Final Map which states:
"Any modification of the ground during site development with-
in fifty (50) feet of the drainage swales shall be subject to
approval by the Planning and Public Works Departments. "
10. Two fire hydrants of a type and size specified by the City
Fire Department shall be installed by the applicant along the
frontage of the parcels. Exact location and manner of place-
ment shall be subject to the approval of the Fire Department.
A letter from the Fire Department certifying the installation
of the hydrants shall be received by the Planning Department
prior to recordation of the Final Map.
11. Ardilla Road shall be constructed along the frontage of the
property -to City standards including a minimum paved width of
twenty (20) feet with three (3) feet of graded shoulder on
each side of the paving prior to recordation of the Final
Map.
a. Improvements to be constructed under an inspection
agreement and encroachment permit issued by the Public
Works Department.
b. Improvement drawings, including improvements to control
grading and erosion within the road right-of-way, shall
be submitted.,' to the Public Works Department for review
and approval.
12. Ardilla Road, between the subject property and the improved
section of Ardilla Road, shall be improved with an all-
weather surface. Said improvement is to be maintained by the
Property owner (s) .
13. An offer of dedication to the public for road purposes for
twenty (20) feet along Ardilla Road for the entire property
frontage shall be shown on the Final Map and be made by cer-
tificate thereon.
14 . All conditions herein specified shall be complied with prior
to filing of the Final Map.
15 . A Final Map in compliance with all conditions set forth here-
in shall be submitted for review and approval in accordance
with the Subdivision Map Act and the City Lot Division Ordi-
nance prior to recordation.
TENTATIVE PARCEL MAP AT 830311:1 (Davis)
a. Monuments shall be set at all new property corners cre-
ated and a Registered Civil Engineer shall or licensed
land surveyor shall submit a letter certifying that the
monuments have been set prior to recordation of the
Final Map.
b. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the Final Map.
16. 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 expira-
tion date.
ACTION
The Planning Commission should, by motion, direct Staff as deemed
appropriate.
REPORT PREPARED BY•
F D BUSS
ssociate Planner
REPORT APPROVED BY: a�' "
LAWRENCE STEVENS
Planning Director
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M E M O R A N D U M
TO: City CouncilY' " June 23, 1986
VIA: Michael Shelton, City Manager
FROM: Henry Engen, Community Development Director
SUBJECT: Tentative Parcel Map 1-86
LOCATION: 10870, 10900, 11020 Santa Ana Road
APPLICANT: lst Nationwide Network Mortgage (Twin Cities Engineering)
REQUEST: Subdivision of 19.80 acres into four lots of 4.40 , 4. 40,
4.40, and 6 . 60 acres each.
On June 2, 1986, the Planning Commission conducted a public hearing on
the subject matter unanimously approving the requested land division
subject to the findings and conditions contained in the attached staff
report.
• Tom Vaughan, Twin Cities Engineering, representing the applicant, in-
dicated his concurrence with the recommendation.
No one else spoke on the matter .
PS:ps
cc: 1st Nationwide Network Mortgage
Twin Cities Engineering
Tentative Parcel Map*-86 (1st Nationwide Network Mortgage)
9 . General Plan Designation. . . . .Suburban Single Family
10. Terrain. . . . . . . . . . . . .Sloping to steep with adequate
building sites on each proposed
parcel.
11. Environmental Status. . . . . . . . .Negative Declaration
C. ANALYSIS:
The property proposed for subdivision is located in the RS (Resi-
dential Suburban) zone. Minimum lot size in this zone ranges
between 2.5 and 10.0 acres, depending upon the "score" of various
performance standards. For this site, the minimum lot size cri-
teria are:
Distance from center (10,000-12,0001 ) 0.30
Septic suitability (moderate) * 0.75
Average slope (31-35%) 1.75
Condition of access (paved) 0 .40
General neighborhood character (5.50 acres) 1.10
Minimum lot size: 4.30 acres
*Note: Septic suitability is based upon on-site percolation
tests.
The lot sizes proposed (4.40 acres and 6.60 acres) are larger than
the minimum sizes that would be allowed.
Both of the proposed lots have adequate building sites that are
relatively level. Proper siting of building pads and driveways
should result in a minimal amount of required grading. Any grad-
ing that is required for driveways or building pads on slopes in
excess of 20% will require a precise plan review and approval.
Precise plan review is done at staff level and is dictated by the
California Environmental Quality Act (CEQA) and this City' s guide-
lines for its implementation.
Santa Ana and Cebado Roads are paved, City-standard roads. These
roads will be accepted into the City-maintained system upon com-
pletion of a one year period.
The property in question should pose few problems for residential
development. Adequate building sites are available and access is
good. Properly designed septic systems should provide adequate
waste disposal. There are numerous trees on the property; how-
ever , the building sites are relatively clear so that tree removal
should be minimal. Finally, the density proposed for the property
appears to be appropriate for the site and surrounding areas.
2
Tentative Parcel Map 1-86 (1st Nationwide Netwoo Mortgage)
P
D. RECOMMENDATION:
Staff recommends conditional approval of Tentative Parcel Map 1-86
based on the Findings in Exhibit A and the Conditions of Approval
in Exhibit B.
SLD:ps
ATTACHMENTS: Exhibit A - Findings for Approval
Exhibit B - Conditions of Approval
Exhibit C - Location and Zoning Map
Exhibit D - Tentative Parcel Map
3
Tentative Parcel Map 86 (1st Nationwide Network Mortgage)
EXHIBIT A - Tentative Parcel Map 1-86
Findings for Approval
June 2, 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 s 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
proposed.
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 or their habitat.
6. The design of the subdivision and the proposed improvements 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.
4
Tentative Parcel Map 1-86 (1st Nationwide Netwof Mortgage)
P
EXHIBIT B - Tentative Parcel Map 1-86
Conditions of Approval
June 2, 1986
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
issuance of building permits in conjunction with installation of
driveways, access easements or structures.
4. Obtain encroachment permit(s) from the Public Works Department
prior to issuance of a building permit and construct improvements
as directed by the encroachment permit(s) prior to final building
inspection.
5. An offer of dedication to the City of Atascadero shall be made for
the following rights-of-way:
a. Street names: Santa Ana Road and Cebada Road
b. Limits: Minimum 20 feet from the centerline
6. Plan and profile drawings of proposed individual driveways and
driveway easements shall be submitted for approval by the Communi-
ty 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.
7. 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.
5
Tentative Parcel MapIq-86 (lst Nationwide NetworTc Mortgage)
b. A recently updated preliminary title report shall be submit-
ted for review in conjunction with the processing of the
final map.
8. 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.
6
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•
M E M O R A N D U M
TO: Mike Shelton City Manager
er
FROM: David Jorgensen, Admin. Services Director
SUBJECT: Claim of Ron Edwards
DATE: June 23 , 1986
RECOMMENDATION
City Council deny the above-mentioned claim which was submitted
on May 30 , 1986.
• BACKGROUND
Claimant alleges damage to apartment complex located at 7100
Sombrilla as a result of rain water runoff entering units 1 , 2
and 3 , which he owns. City' s adjustors , Carl Warren & Co. , have
reviewed this claim and recommend denial at this time.
DGJ/cw
•
`K
•
M E M O R A N D U M
TO: Mike Shelton, City Manager �( ,
FROM: David Jorgensen, Admin. Services Directo
SUBJECT: Claim of Mary Messina-Brown, Sr .
DATE: June 23 , 1986
RECOMMENDATION
City Council deny the above-mentioned claim which was submitted
on May 21 , 1986.
BACKGROUND
Claimant alleges damage to personal property as a result of
rain water runoff entering her apartment at 7100 Sombrilla, #2 .
City' s adjustors, Carl Warren & Co. , have reviewed this claim
and recommend denial at this time.
DGJ/cw
•
�a
MEMORANDUM
•
June 17 , 1986
To : City Council
Via: Mike Shelton, City Manager
From: Bob Best , Parks & Recreation Director i
Subject : Grounds Maintenance Services
INTRODUCTION
The current contract with Mr. Robert Moore for mowing and watering
services to the City of Atascadero will expire on August 31 , 1986.
As a result , needed is to put out to bid grounds maintenance ser-
vices for the next year .
RECOMMENDATION
Authorize the Parks and Recreation Director to advertise for bids
for mowing and watering services for park facilities in the City
• of Atascadero .
ALTERNATIVES
The City currently does not have the manpower or equipment to
provide these services . Unless additional manpower is added and
equipment purchased, no alternatives are recommended.
FISCAL IMPACT
Unknown at this time , but based on actual charges the past year
and projected increases due to Paloma Creek Park, these services
are already included as part of the new budget . No additional
budget adjustment should be needed.
•
• MEMORANDUM
TO: City Council
THROUGH: Mike Shelton, A Manager
FROM: Paul Sen i augh, Director of Public Works
SUBJECT: Petiti for Street Maintenance District - Cayucos
DATE: June 17, 1986
Recommendation:
It is recommended that Council accept the petition for the
formation of a Street Maintenance District on a portion of Cayucos
Avenue and authorize staff to proceed with preparation of a Resolution
of Intention to order the formation of the district.
Background:
The Public Works Department has had numerous conversations with
the residents of Cayucos Avenue over the past years concerning the
• condition of their road. Various options have been outlined to Mr .
Ron Irwin, our contact with the residents. It is his opinion that the
residents wish to pursue the maintenance district proposal to allow
the construction of a less than standard road, which would be main-
tained by the property owners through the district process.
Under the Maintenance District proceedings as outlined in Section
5820-5856 of the Streets and Highways Code, it the district is
approved, the City could levy a one time assessment to have the road
improvements installed and levy an annual maintenance fee to cover
ongoing expenses.
It is proposed that the cost of improving and maintaining Cayucos
avenue be divided equally to each of the lots taking access from that
road.
The formation of the district requires certain notifications to
property owners, postings, protest and rate setting hearings. If the
Council wishes to proceed with the district, then those steps will be
outlined.
If, during the protest hearings, a majority of the property
owners file a protest, then the Council may terminate the proceedings
or may override the protest by a four-fifths vote.
•
(c`
ONAL PETITION OF INTEREST
s
March 17, 1986
Public Works Department
P .O . Box 7'i7
Atascaderc, CA 931i23
After reviewing the City of Atascadero 's estimate of the cost of
improving the street, the undersigned residents of Cayucos Avenue
hereby petition for formation of a Street Maintenance District.
The desired district would include Cayucos Avenue from it 's
intersection with Ualdez to it 's intersection with San Anselmo,
approximately 627 feet . We are requesting an asphalt roadway
approximately 20 feet wide.
The desired Maintenance District is necessary due to the erosion
OF the dirt street .
The point OF contact for the residents of Cayuccs Avenue affected
is Ron Irwin, phone q66-3789 .
NAME ADDRESS ASSESSOR 'S PARCEL NO .
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NAL PETITION OF INTEREST
March 17, 1986
Public Works Department
P.C . Box 7't7
Atascadere, CA 931123
After reviewing the City of Atascadero 's estimate of the cast of
. improving the street, the undersigned residents of Cayucos Avenue
hereby petition for formation of a Street Maintenance District.
The desired district would include Cayucos Avenue from it's
intersection with Valdez. to it 's intersection with San Anselmo,
approximately 627 feet . We are requesting an asphalt roadway
approximately 23 feet wide.
The desired Maintenance District is necessary due to the erosion
of the dirt street .
The point of contact for the residents of Cayucos Avenue affected
is Ron Irwin, phone 4EE-3789 .
NAME ADDRESS ASSESSOR 'S PARCEL NO .
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NAL PETITION OF INTEREST
March 17, 1986
Public Works Department
P.O . Box 7117
Atascadero, CA 931f23 j
j
After reviewing the City of Atascadero 's estimate of the cost of
improving the street, the undersigned residents of Cayucos Avenue
hereby petition for formation of a Street Maintenance District .
The desired district would include Cayucos Avenue from it 's
intersection with Valdez to it 's intersection with San Anselmo,
approximately 627 feet . We are requesting an asphalt roadway
approximately 20 feet wide.
The desired Maintenance District is necessary due to the erosion
OF the dirt street .
The point of contact for the residents of Cayucos Avenue affected
is Pon Irwin, phone 'i66-3789 .
NAME ADDRESS ASSESSOR 'S PARCEL NO.
- - - - - - - - - - - - - - - - - - - - - - - -
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INAL PETITION. OF INTERES0
March 17, 1996
Public Works Department
P.C . Box 7'f7
Atascadero, CA 93".23
After reviewing the City of Atascadero's estimate of the cost of
improving the street , the undersigned residents of Cayucos Avenue
hereby petition for formation of a Street Maintenance District .
. The desired district would include Cayucos Avenue from it 's
intersection with Ualdez to it's intersection with San Anselmo,
aprr=ximB'_Cly 62'' A. We are requesting an asphalt roadway
approximately 20 feet wide .
The desired Maintenance District is necessary due to the erosion
of the dirt street .
The point of contact for the residents of Cayucos Avenue affected
is Ron Irwin, phone 466-3789.
NAME ADDRESS ASSESSOR 'S PARCEL NO .
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M E M O R A N D U M
TO: City Council June 23, 1986
VIA: Michael Shelton, City Manager
FROM: Henry Engen, Community Development Directory
SUBJECT: Request Authorization to Hire Planning Interns to Initiate
Work on Phase I - General Plan Update
BACKGROUND:
As part of the fiscal year 1986-87 budget, staff is requesting a
$50, 000 appropriation from revenue sharing to begin work on updating
the Community' s General Plan.
ANALYSIS:
The City Council has not had the opportunity to discuss the accompany-
ing General Plan Update: Phase I Work Program proposed for FY 1986-
87. The initial data gathering work would be common to any General
General Plan update and can be done most economically through the use
of Cal Poly planning students. These students are available in the
middle of June. Rather then wait for final action on the budget, it
is proposed that they be put to work inventorying existing land use,
measuring the acreage of existing land use, plotting land use on new
base maps that are being completed, measuring and plotting current
zoning, and plotting lot sizes and existing densities throughout the
City, as the basis for making determinations on appropriate long-term
density.
RECOMMENDATION:
Authorize City Manager to employ three planning interns for the sum-
mer to be paid $4. 50 per hour ($6,500 over 3 months) .
BUDGET IMPACT:
No budget adjustment is necessary out of FY 1985-86 budget. Adequate
funds remain available. The full scope of the General Plan costs will
be a function of the future budget hearings.
HE:ps
Enclosure: Atascadero General Plan Update: Phase I Work Program -
June, 1986
•
f
ATASCADERO GENERAL PLAN UPDATE: PHASE I
DESCRIPTION OF WORK PROGRAM
TABLE OF CONTENTS
PAGE
A. PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. PROGRAM STAFFING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
C. DESCRIPTION OF WORK ELEMENTS. . . . . . . . . . . . . . . . . . . . . 1
1 . EXISTING LAND USE SURVEY. . . . . . . . . . . . . . . . . . . . . 1
2 . ZONING/USE SURVEY . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3 . POPULATION CAPACITY ANALYSIS. . . . . . . . . . . . . . . . . 1
4. COMMUNITY GOALS AND OBJECTIVES . . . . . . . . . . . . . . . 2
5 . PHASE II WORK PROGRAM. . . . . . . . . . . . . . . . . . . . . . . . 2
D. SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
• s
ATASCADERO GENERAL PLAN UPDATE: PHASE I
Description of Work Program
A. PURPOSE:
The purpose of this special study program is to prepare the foun-
dation for a comprehensive updating of the City' s General Plan.
Program emphasis would be on updating the City' s data base and
providing policy direction for Phase II with goals and objectives
to direct the City planning staff.
B. PROGRAM STAFFING:
It is proposed that the updating of the City' s General Plan be
handled in-house, i.e. , Community Development Director working
through the Senior Planner , who would direct supplementary staff
comprised of student interns and/or contract employee to develop
work material for staff analysis and policy-maker review. Selec-
tive use of specialized consultants is likely for the Phase II
work and there may be some outside consulting services appropriate
as Phase I work is undertaken, (e.g. , outside graphic services) .
It is estimated that the cost of the Phase I work will be $50 ,000
approximately $35 ,000 being expended for interns and part-time
employees, and $15 ,000 towards services, supplies, equipment, and
outside services.
C. DESCRIPTION OF WORK ELEMENTS :
1. Existinq Land Use Survey:
An up-to-date inventory of the existing land use would be
prepared and portrayed in color on the City' s new 1" to 1000"
base map and acreage calculations by land use category pre-
pared. Student interns will be used to compile data from of-
fice records, aerial photo interpretation, and confirmed by
field surveys.
2. Zoning/Use Survey:
The acreages in various existing zoning categories will be
tabulated and compared to existing land use calculations
to provide comparative data for analysis. The Atascadero
Chamber of Commerce has offered $300 towards isolation of
information relative to the City' s economic base from both
the existing land use inventory and zoning evaluation.
3. Population Capacity Analysis :
Residential land use, lot sizes, and General Plan and zoning
regulations shall be evaluated and analyzed resulting in the
preparation of a current figure for the City' s actual popula-
tion holding capacity. A map will be prepared of the exist-
ing pattern of lot sizes throughout the City. Data shall be
organized to permit neighborhood-by-neighborhood totals of
existing and future population.
4. Community Goals and Objectives:
Staff will work with a policy body as determined by the City
Council to provide a definitive statement of goals and ob-
jectives to guide the preparation of a comprehensively up-
dated General Plan. Alternatives include: The City Council,
the Planning Commission, a committee of the Council and Plan-
ning Commission, a committee of the Council and Planning Com-
mission or a blue ribbon goals committee to be appointed by
the Council. This work element shall entail review of the
following: California General Plan requirements, history of
Atascadero's General Plans, current General Plan goals and
objectives, review of sound planning concepts, review of what
is working and what isn' t, and an updated statement of com-
munity goals and objectives.
5. Phase II Work Program:
The Phase II work program will be prepared in time for inclu-
sion in the Fiscal Year 1987-88 budget. The program outline
would closely follow the table of contents of the current
Atascadero General Plan with emphasis on deleting extraneous
materials and focusing on clear policy direction for the dev-
elopment, of the community. Areas of emphasis anticipated
include: an economic base analysis to provide direction for
a strategy for the future; a neighborhood plan providing for
clearer direction on lot sizes and a formula for lessening
densities on hillside areas; a circulation element with em-
phasis on an implementation schedule for dealing with traffic
problems; a recreation element; and a section on plan
implementation.
The major issues to be addressed in the Phase II work program
is the extent to which outside consulting services may be
desired. They would be useful in the following elements:
economic base analysis, traffic analysis, and possible up-
grading of the safety, seismic hazards and noise elements of
the General Plan.
D. SCHEDULE:
A key determination that will have to be made by the City Council
will be the designation of the appropriate policy review body to
determine/recommend policy direction for the General Plan update.
In addition to staff responsibility for timely performance of the
technical work, a more difficult time line may be achieving con-
currence on the goals for the future. The proposed work program
would result in a comprehensive updated General Plan prepared in a
two year period; however , this depends on the time it may take for
acceptance of the document.
HE:ps
2
ATASCADERO GENERAL PLAN UP-DATE: PHASE I
TIME AND COST SUMMARY: FY 186- ' 87
WORK ELEMENT 1986 1987
J. A. S . 0. N . D. J . F. M. A. M. J.
1 . EXISTING LAND USE SURVEY �----
2 . ZONING/USE SURVEY
3 . POPULATION CAPACITY ANALYSIS
4. COMMUNITY GOALS AND
OBJECTIVES
5. PHASE II WORK PROGRAM
BUDGET
PERSONNEL SERVICES $35, 000
SERVICES/SUPPLIES 15 , 000
PHASE 1 TOTAL: $50, 000
SOURCE: FEDERAL REVENUE SHARING FUNDS
J
M E M O R A N D U M
•
TO: City Council June 23, 1986
VIA: Michael Shelton, City Manager
FROM: Henry Engen, Community Development Director
Robert Jones, City Attorney
SUBJECT: Tentative Parcel Map 7-86 Appeal
LOCATION: 6625 Santa Cruz Road
APPLICANT: Elwood Garlick, et al (Daniel J. Stewart)
REQUEST: Subdivision of one parcel containing 5.03 acres into two
parcels of 2.53 and 2. 50 acres each.
BACKGROUND:
On June 9, 1986, the City Council considered the appeal of the denial
• of this lot split. Action of the Council was to continue the matter
to the meeting of June 23 , 1986 with staff directed to bring back
findings for approval.
ANALYSIS:
The Subdivision Map Act outlines seven findings that are grounds for
denial of a subdivision or parcel map. Basis for the recommendation
of the Planning Commission and staff for denial of the lot split is
that the Zoning Ordinance requires a minimum parcel size of 3.0 acres
each, and the total parcel size is 5.03 acres. The appellants out-
lined a long history of earlier approvals prior to the ordinance
changing to argue for an exception in their case.
Section 66474 of the Subdivision Map Act reads as follows:
"A legislative body of a city or county shall deny approval of a
tentative map, or a parcel map for which a tentative map was not
required, if it makes any of the following findings:
(a) That the proposed map is not consistent with applicable gen-
eral and specific plans as specified in Section 65451. . . . "
The Atascadero General Plan states under its definition of Suburban
Single Family Residential in part:
•
0 0
EXHIBIT A - Tentative Parcel Map 7-86 (Garlick)
Findings for Approval
June 23, 1986
FINDINGS:
1. The creation of these parcels conforms to the General Plan pursu-
ant to City Council approval June 14, 1982 of AT 820318: 1.
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
proposed.
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 or their habitat.
6 . The design of the subdivision and the proposed improvements 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 B - Tentative Parcel Map 7-86 (Garlick)
Conditions of Approval
June 23, 1986
CONDITIONS OF APPROVAL:
1. Private sewage disposal systems will be an acceptable method of
sewage disposal, if reports and design are acceptable. All tests,
reports, and designs shall conform to methods and guidelines pre-
scribed by the Manual of Septic Tank Practice and other applicable
City ordinances. The following shall appear on the final map:
"Appropriate soils reports including a percolation test, a test to
determine the presence of ground water , and a log of a soil boring
to a minimum depth of ten (10) feet shall be submitted to the Com-
munity Development Department prior to the issuance of a building
permit. Where soils reports indicate that conventional soil ab-
sorption systems are not acceptable, City approval of plans for an
alternative private sewage disposal system, designed by a regis-
tered civil engineer , shall be required. Depending upon the sys-
tem, more restrictive requirements may be imposed. "
2. Water shall be obtained from the Atascadero Mutual Water Company
and water lines shall exist at each parcel frontage prior to fil-
ing of the final map. A letter from the water company indicating
they are willing and able to serve the property shall be submitted
to the Community Development Department prior to recordation of
the final map.
3. All other available utilities not already in place shall be exten-
ded underground to eavh parcel frontage at the time of building
permit.
4. One fire hydrant of a type and size specified by the Fire Depart-
ment shall be installed by the applicant on Santa Cruz Road near
the proposed access easement at the easterly corner of the site.
Exact location and manner of placement shall be subject to the ap-
proval of the Fire Department. A letter from the Fire Department
certifying the installation of the hydrant shall be received by
the Community Development Department prior to the recordation of
the final map.
5. The driveway access shall be improved to at least the following
minimum standards:
- an improved width of 12 feet
- unobstructed vertical clearance of fourteen (14) feet
These standards shall appear as notes on the final map.
i;
6. All driveways providing access to building sites shall be subject
to Community Development Department review and approval at the
time of building permit application for each parcel. Plan and
profile drawings may be required. If average slope exceeds 12%,
paved improvement would be required, otherwise, an all-weather
surface would be required similarly. In no event will driveways
be allowed which exceed 20% in slope. In the event any portion of
a driveway is shared, improvement of the shared portion shall be a
requirement made in conjunction with the first building permit.
Notes to these effects shall appear on the final map.
7. Efforts shall be made to minimize grading that would be disruptive
to the natural topography and removal of existing mature trees.
The following shall appear as a note on the final map:
"No trees shall be removed without compliance with applicable City
ordinances. No grading shall commence without an appropriate per-
mit and compliance with applicable City ordinances. "
8. Roof materials for all structures shall be Class C rating or bet-
ter and a Note to that effect shall appear on the final map.
9. Drainage swales shall be indicated on the final map and a note
shall appear on the final map which states:
"Any modification of the ground during site development within
fifty (50) feet of the drainage swales shall be subject to approv-
al by the Community Development and Public Works Departments. "
10. Final grading and drainage plans, prepared by a registered civil
engineer for development on each parcel, may be required to be
submitted for review and approval by the Community Development and
Public Works Departments prior to issuance of building permits. A
note to this effect shall appear on the final map.
11. All pipeline and other easements of record shall be shown on the
final map. A letter shall be submitted from each utility company
indicating the nature and extent of any building restrictions. A
note so stating such restrictions shall appear on the final map.
12. The access easement shall also be designated for use as a public
utility easement.
13. An offer of dedication to the public for road purposes for twenty
(20) feet along Santa Cruz Road for the entire property frontage
shall be made by the actual easement owner. Said offer is to be
shown on the final map and be made by certificate thereon.
14. Santa Cruz Road shall be constructed along the frontage of the
property to City standards including a minimum paved width of
twenty (20) feet with three (3) feet of graded shoulder on each
side of the paving prior to recordation of the final map.
i1
a. Improvements are to be constructed under an inspection agree-
ment and encroachment permit issued by the Public Works
Department.
b. Improvement drawings, including improvements to control grad-
ing and erosion within the road right-of-way, shall be sub-
mitted to the Public Works Department for review and
approval.
15. Santa Cruz Road, between the subject property and the improved
section of Santa Cruz Road, shall be improved with an all weather
surface. Said improvement is to be maintained by the property
owner (s) .
16. Improvements required by Conditions 2, 4, 14 and 15 may be de-
ferred for a period not to exceed three years by entering into an
agreement. Any such agreement shall include a bond, certificate
of deposit, or similar improvement guarantee acceptable to the
Public Works Department.
17. 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 submit a letter certifying that the monuments have been
set prior to recordation of the final map.
b. A recently updated preliminary title report shall be submit-
ted for review in conjunction with the processing of the
final map.
18. 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.
M E M O R A N D U M
TO: City Council June 9, 1986
VIA: Michael Shelton, City Manager
FROM: Henry Engen, Community Development Director AVE
SUBJECT: Tentative Parcel Map 7-86
LOCATION: 6625, Santa Cruz Road
APPLICANT: Elwood Garlick, et al (Daniel J. Stewart)
REQUEST: Subdivision of one parcel containing 5.03 acres into two
parcels of 2. 53 and 2. 50 acres each.
BACKGROUND:
On May 5, 1986 , the Planning Commission conducted a public hearing on
the above-referenced subject, unanimously denying the application
based on the findings contained in the staff report. There was con-
siderable testimony and discussion by the Commission concerning this
application as referenced in the attached minutes excerpt.
On May 19, 1986, the applicants appealed the Planning Commission' s
decision to deny the request. It should be noted that although the
applicants have submitted a percolation test which would reduce the
minimum lot size to 3.O acres, the proposed lots are still smaller
than required by the zoning ordinance.
RECOMMENDATION - Planning Commission and Staff:
Recommend denial of the tentative parcel map due to the proposed lot
sizes not being in conformance with the City' s minimum lot size stand-
ards, with staff directed to review this area in the future with re-
spect to appropriate lot sizes.
PS:ps
ATTACHMENTS: Letter of appeal dated May 19, 1986
Planning Commission staff report - May 5, 1986
Planning Commission minutes excerpt - May 5 , 1986
cc: Elwood Garlick, et al
Dan Stewart
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City of Atascadero Item: B-2
STAFF REPORT
FOR: Planning Commission Meeting Date: 5/5/86
BY: Steven L. Decamp, Senior Planner File No: TPM 7-86
Project Address: 6625 Santa Cruz Road
SUBJECT:
Subdivision of one parcel containing 5.03 acres into two parcels of
2.53 and 2.50 acres each.
BACKGROUND:
Notice of public hearing was published in the Atascadero News on April
25, 1986 . All property owners of record located within 300 feet of
the site were also notified on that date.
A. LOCATION: 6625 Santa Cruz Road (Lot 19, Block 48)
B. SITUATION AND •FACTS:
1. Request. . . . . . . . . . . . . . . . . . . . . .To subdivide a 5 .03 acre parcel
into two parcels of 2. 53 and
2. 50 acres each.
2. Applicant. . . . . . . . . . . . . . . . . . . .Elwood Garlick
3. Representative. . . . . . . . . . . . . . .Daniel J. Stewart
4. Site Area. . . . . . .. . . . . . . . . . .5 .03 acres
5. Streets. . . . . . . . . . . . . . . . . . . . . .Santa Cruz is an unpaved, pri-
vate road.
6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban)
7. Existing Use. . . . . . . . . . . . . . . . .Single family dwelling
8. Adjacent Zoning. . . . . . . . . . . . . .North: RS
South: RS
East: RS
West: RS
9. General Plan Designation. . . . .Suburban Single Family
10. Terrain. . . . . . . . . . . . . . . . . . . . . .Steep
11. Environmental Status. . . . . . . . .Negative Declaration posted
March 21, 1986
Tentative Parcel Map 7-86 (Garlick/Stewart)
C. ANALYSIS:
The property proposed for subdivision is located in the RS (Resi-
dential Suburban) zone. Minimum lot size in this zone ranges be- .
tween 2.5 and 10.0 acres depending upon the "score" of various
performance standards. For this site, the minimum lot size cri-
teria are:
Distance from center (14,000-16,0001 ) 0.50
Septic suitability (severe) 1. 50
Average slope (11-20%) 0.75
Condition of access (all-weather) 0.75
General neighborhood character (2. 56 acres) 0.51
Minimum Lot Size: 4. 01 acres
The lot sizes proposed (2.53 acres and 2. 50 acres) are smaller
than the minimum allowed by the zoning ordinance.
The applicant' s engineer was notified on March 24, 1986 that the
proposed lot sizes were not in conformance with the City' s mini-
mum lot size standards. The applicant was further notified of
this fact on April 7 , 1986 and was given the opportunity to with-
draw the application. The applicant informed staff on April 9,
1986 that the application would not be withdrawn.
D. RECOMMENDATION•
Staff recommends disapproval of Tentative Parcel Map 7-86 based on
the findings contained in Exhibit A.
SLD:ps
ATTACHMENTS: Exhibit A - Findings for Disapproval
Exhibit B - Location Map
Exhibit C - Proposed Parcel Map
2
Tentative Parcel Map 7-86 (Garlick/Stewart)
EXHIBIT A - Tentative Parcel Map 7-86
Findings for Disapproval
May 5, 1986
FINDINGS•
1. The proposed map is not consistent with the applicable general
plan.
2. The creation of these parcels would not conform to the provisions
of the zoning ordinance.
3. The site is not physically suitable for the proposed density of
development.
3
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RECEIVED MAY 1 1986
To: Members of the Atascadero Planning Commission and Atascadero
City Council
Submitted by joint tenants in common:
Elwood Garlick- age 69, State of California Employee-retired
15 years a resident of the central coast.
Irene Garlick- age 66, Airport Auto Center Office Manager-retired
15 years a resident of the central coast.
Mike Kirkpatrick- age 30, born in Atascadero, fourth generation
central coast resident, graduate of Cal Poly,
San Luis Obispo, father of two.
Jody Kirkpatrick- age 28, Homemaker, Bookkeeper, mother of two
Ryan-4 yrs. and David-4 mo.
Subject: TENTATIVE PARCEL MAP
6625 Santa Cruz (Lot 19, Block 48) �� 6c���
The property (Lot 19, Block 48) in Atascadero, which consists of
5.03 acres of gently rolling hills spotted with oak trees, was purchased
in June, 1981. The lot was a joint purchase made by myself, my wife
Jody, and her parents, Elwood and Irene Garlick. Because an investment
of this magnitude represents one of the largest single purchases made
in ones lifetime, we prudently researched the current ordinances
governing the usage of the land, and determined it to be perfectly
suitable to our future plans. Since Elwood and Irene were approaching
retirement. and looking for a location for their retirement home, and my
wife and I were seeking a home to raise our family, our intention was
to build two homes on our lot. To this day, that is our singular goal .
A BRIEF HISTORY (see support materials package for details)
A. Lot purchase complete 6719-81
B. Application for lot split complete and recieved 3-31-82
C. Approval of parcel map by City Council on 6-14-82, subject to
18 conditions listed in Staff Report dated 6-7-82
D. Road exception request 1-24-83
E. Road exception request denied 4-3-83
F. Time extension request filed 6-25-84
G. Time extension request denied because of zoning ordianace
change 9-6-84
H. Appeal of denial of time extension request 9-26-84
I. Denial of appeal 10-26-84
J. During 1984-1985 property improvements include:
1. grading of Santa Cruz Road, and improvement to
all-weather status.
2. grading and paving of access road
3. construction of 1200 sq. ft. , two bedroom home and
seperate two car garage
4. utilities brought in: water, electricity, telephone,
and cable TV
5. grading of second home site, and access road
K. Application for tentative parcel map ,3-21-86
L. Letter from Steven De Camp indicating the Planning Commissions
intention to recommend denial of application based on a
recent ordinance change (20% factor in lot split criteria
calculations)
OUR CASE
At the present time the Garlick/Kirkpatrick family have invested
well in excess of $25,000.00 in improvements to the property. This
does not include the cost of the property or the cost of the existing
home. This is the only real estate that we own and it represents
the entire life savings of our combined families.
Discussions with neighbors that border our property have found
them to be wholly supportive of our plans and they have pledged their
assistance in this matter.
Of the fifteen parcels surrounding our parcel , we possess the
most acreage. Six of these lots are less than 2.0 acres and all are
10 complete with homes except one.
The Flaharty property, bordering us on the west side, currently
has two seperate single family dwellings built on it. This is what
we are seeking to do.
The De Welt property, bordering us on the east side, has recently
undergone a lot line adjustment resulting in a 2.5 acre lot and a
newly constructed home. Jim De Welt maintains that our improvement to
Santa Cruz Road aided him in his efforts to develope his land and
he also pledges his complete support of our plans.
A large parcel on Santa Cruz Road east of Garcia Road has recently
been split into nine 2.5 acre parcels and is now being developed.
Granting our request will not be detrimental to the public
welfare or injurious to other property in the vicinity. In fact,
as far as traffic is concerned, our entire family (4 adults & 2 children)
now lives in the existing house and therefore there will be no
additional load to the traffic system.
All grading on our project has been kept to a minimum. All
necessary roads and grading have been completed on our parcel and
without the cost of removing a single tree. A contract now exists
with Palomar Associates, a local home builder, to constuct a second
dwelling on our lot. A complete set of home plans can be obta.ined
upon request.
CONCLUSION
The extensive improvements and expenditures we have made show our
level of commitment to the land. We have at one time obtained approval
of our plans to divide the property, and have been the victim of two
changes in city ordinances.
We believe that there are special circumstances affecting this
property. We also believe that some resolution to our problem is
necessary for the preservation and enjoyment of substantiA property
rights.
The proposed development is consistent with the areas existing
development. In fact, during the past five years many others in our
area have succeeded in doing precisely what we are requesting to do.
At the Planning Commission meeting on May 5, 1986 we would like
to obtain some type of resolution to our problem. We would appreciate
one of the following solutions :
1. Recommendation of the Tentative Parcel Map to the City Council
2. Acceptance of a provision allowing a seperate additional
single family dwelling
3. Suggestions from the Planning Commission as to how we may
realize our plans.
In concluding, we believe that a variance may be in order here,
and we are prepared to accept the decision of a jury of our peers.
Vie request that you consider Californias commitment to allow the
construction of second dwellings for retired family members. At
stake is the wellbeing of our entire family, and we fully intend to
pursue this issue to the limit of the law. We made a prudent decision
to purchase our land based on previous zoning and our intentions
have never changed. It' has never been our intention to profit by
the split of our lot, and we ask only that you correct the injustice
that exists and recognize our basic rights. It is our opinion that
our family has been a positive addition to this community and we
would appreciate a timely solution to this problem.
Sincerely,
Elwood Garlick
g�z��- ' L�12
Irene Garlick
� l
Michael Kirkpatrick fib, Al
Jody Kirkpatrick '�
Minutes - Planning Commission - May 5, 1986
here was continued discussion concerning various options ail-
ab with the site plan with regard to the parking. Engen
adde that the redesign would provide for 37 spaces.
e motion was defeated with a roll call to as follows:
AYES: Commissioners Hatchell and Mi ielssen
NOES: Com ' ssioners Kidwell, K nedy, Nolan and Acting
Chairm Bond
MOTION: Made by Commission Mic ielssen and seconded by Com-
missioner Nolan to a w for a redesign of 37 spaces with -
as
ithas deep a rear yar as ssible, based on Exhibit A.
Commissioner Kidwell a ressed concer with less than 40 spaces.
The moti carried with a roll ca as follows:
AYE Commissioners Michielssen, Nola Hatchell and
Acting Chairman Bond
NOES: Commissioners Kennedy and Kidwell
ting Chairman Bond commended Mr . Befumo and Mr . Azerkan o their
efforts in trying to reach a compromise in this matter .
2. Tentative Parcel Map 7-86 :
Request submitted by Elwood Garlick (Daniel J. Stewart) to
allow the division of 5.03 acres into two parcels of 2. 53 and
2. 50 acres each. Subject property is located at 6625 Santa
Cruz Road, also known as Lot 19 of Block 48.
Mr. DeCamp presented the staff report on this matter summarizing
the lengthy history involved with this lot split, and noted
staff' s recommendation for denial of the request based on the
proposed lot sizes being smaller than the minimum allowed by the
zoning ordinance. Mr. DeCamp also pointed out that the applicant
had submitted percolation tests which would affect the septic
suitability rating factor , but would only bring the proposed
minimum lot size to 3. 0 acres, which is larger than proposed.
Mr. DeCamp noted that the septic suitability factor listed in the
staff report as 1. 50 should be changed to 0. 50.
Commissioner Nolan asked about the lot line adjustment on property
adjacent to the subject property, to which Mr . DeCamp explained
this adjustment took place when the zoning ordinance had provision
for the 20% lot size reduction factor.
In response to question from Commissioner Hatchell, Mr . DeCamp
le
noted that there were some additional lot splits in the general
area, but pointed out that this was not the basis for determining
the average lot size in the surrounding areas . That was taken
3
Minutes - Planning Commission - May 5, 1986
from the most recent Assessors parcel maps and from the Depart-
ment' s most recent files.
Acting Chairman Bond asked about the grading which has taken place
on the subject site. Mr. DeCamp pointed out that the grading had
taken place without a grading permit.
There was discussion and clarification given concerning the delays
involved for the recording of the tentative map. It was pointed
out that at this time, there is no flexibility given that the City
Attorney could find within the codes or ordinances to allow for
approval of the map.
Acting Chairman Bond asked if a guest house would be feasible for
the site, to which Mr. DeCamp replied that this could be allowed
provided the unit not have a kitchen. Discussion ensued.
There was also discussion concerning any options that may be
available regarding this particular situation.
Mr . Engen added that the Council has endorsed the concept of
bringing to public hearing a zoning map that would "pin" a number
on all of the lots within the City and does not force everybody
to go through the tedious process of measuring, etc. Discussion
continued to this regard.
Mike Kirkpatrick, one of the applicants, restated the facts in-
volved with the purchase of this property back in 1981, and pro-
ceeded to explain the difficulties involved in trying to comply
with the 18 conditions which were part of the initial lot split
approval they received in 1982. Mr . Kirkpatrick further stated
he was not aware of the elimination of the 20% lot size reduction
and pointed out that $25,000 has been invested in improvements to
the property. He further stated that he has a group of signatures
from adjacent property owners supporting this lot split, and did
not think the lot split would be detrimental to the neighborhood.
Dan Stewart, engineer for the applicants, stated he had prepared a
map of the area which showed approximately 50 parcels within 1500
feet of the subject site which are 2 1/2 acres or less, and showed
the Commission this map. He felt that the applicants are victims
of the ordinance changes, and cited the vesting map and explained
how this occurred. He also added that he has done this type of
work for over 20 years and has never encountered this type of
problem.
Commissioner Hatchell asked how the average slope is broken down
in the category rating , to which Mr . DeCamp responded.
Commissioner Kennedy felt that since this is such an unusual situ-
ation, would there be any way the City Attorney could again review
this matter to see if there is some way this application could be
approved, and felt that there should be some kind of exception.
Mr . DeCamp explained that the City Attorney had reviewed the back-
ground involved and still could not find any kind of an exemption.
4
i
Minutes - Planning Mmission - May 5 , 1986 0
Acting Chairman Bond asked if there was a possiblity of adding a
second unit without kitchen facilities, to which Mr. DeCamp re=
sponded that only one meter to both units would be allowed.
There was continued discussion concerning the appropriateness of
a variance, the possiblity of a zone change for the property, as
well as whether or not the old parcel map could be retroactively
applied.
Commissioner Kennedy wished to go on record to reflect her feeling
that this lot split is appropriate.
MOTION: Made by Commissioner Hatchell, seconded by Commissioner
Kennedy and carried unanimously to deny Tentative Parcel
Map 7-86 without prejudice, along with a recommendation
to the City Council that this area be looked at as a
study area with respect to appropriate lot sizes.
C.- PUBLIC COMMENT:
Th re was no public comment at this time.
D. INDIVID ACTION AND/OR DETERMINATION
1. Planni Commission 0
Commissioner Mi ielssen asked some questi s concerning precise
plans. There was discussion concerning a status of the proposed
Kmart store.
2. Community Develop nt Director
Mr. Engen reported on the ' st general plan studies which is
expanding and spoke about t budget request of $50 ,000 for a lst
phase general plan evaluatio He explained that two students
from Cal Poly are propose to e utilized initially for the
project.
Mr. Engen also provi d an update on a 10 , 000 square foot lot
issue.
Meeting adjourn at 9 :06 p.m.
MINUTES RECO ED BY:
PATRICIA SHEPPHARD
Administrative Secretary I
MIN
ES APPROVED BY:
HENRY ENGEN
Community Development Director
5
• M E M O R A N D U M
TO: City Council
THROUGH: Mike Shelton, City Manager
i
FROM: David Jorgensen, Admin. Services Directo
SUBJECT: Renegotiation of Cable-TV Franchise Agreem t with
Falcon Cable-TV System Company
DATE: June 23, 1986
RECOMMENDATION
It is recommended that the City Council approve the amended fran-
chise agreement and City ordinance for Cable-TV services provided
by Falcon Cable-TV System Company.
DISCUSSION
In February 1986, the City received a letter from Falcon Cable-TV
System Company requesting an amendment to their existing fran-
chise agreement. The requested amendment would extend the term
of the agreement for 10 years, from 1991 to 2001. We saw this as
an opportunity to renegotiate other items in the franchise agree-
ment that were not in the best interest of the City nor its citi-
zens.
Negotiations have been ongoing for the past several months. The
City was represented by myself and the City Attorney, Robert M.
Jones. The following discussion represents the results of these
negotiations.
Amendment #1
Current: The language in the current franchise agreement
gives Falcon an exclusive franchise for a pre-defined boundary
within the City of Atascadero. Franchises for cable-tv services
can, by court order , no longer be exclusive.
Proposed Change: The language in the proposed ordinance
has been changed to a non-exclusive franchise. This change would
allow another cable operator, if financially feasible, to come
into Atascadero and compete with Falcon.
• Amendment #2
Current: The language in the current franchise agreement
limits Falcon' s service area to a pre-defined area within the
1
Proposed Change: The language in the proposed ordinance
has been changed to increase the franchise percentage, over a
3-year period, to a maximum of 5% in 1988.
Amendment #6
Current: The current franchise agreement doesn' t contain
any language that specifies when the cable company is required to
extend service at their cost and when a citizen must pay for the
extension of the service.
Proposed Change: The proposed ordinance specifies that the
cable company will extend cable service at their cost if certain
conditions exist (see Section 4 , Page 3) .
Amendment #7
Current: The current franchise agreement does not have any
mechanism for a citizen to recover his costs if he is the first
household, at the furthest point from existing service, to have
cable-tv service extended to him.
Proposed Change: The proposed ordinance specifies a reim-
bursement period and amount (see Exhibit B) that a subscriber who
pays to extend service can recover when other subscribers
eventually take advantage of the service he extended. There is a
reimbursement agreement (see Exhibit A) that is entered into
between the subscriber and the cable company that specifies the
cable company' s responsibility in this matter.
Amendment #8
Current: The language in the current franchise agreement
requires that the franchise payment be made to the City in Jan-
uary each year . As a practical matter, this cannot possibly
happen because of the time-consuming process of closing books and
verifying gross receipts.
Proposed Change: The language in the proposed ordinance
has been changed to reflect the time that the checks have actual-
ly been received by the City, which is April each year .
It is my opinion that these changes strengthen the current fran-
chise agreement in favor of the City and its citizens.
While the City has the authority to grant a franchise, we have no
enforcement powers to insure that the actual service as far as
channels, cost and programs available are what the people want
and are of the quality that makes viewing enjoyable. These types
3 �Z
0 0
of issues are the province of the FCC and the free market system.
The whole purpose and scope of a franchise agreement is to, as
much as is possible, insure that cable-tv service is provided to
all citizens, on as equal a basis as possible, and that the cable
company pays for the opportunity to provide this service because
of the impact they have on City rights of way.
FISCAL IMPACT
Conceivably, as the increase in franchise percentage is made, the
amount of revenue reverting to the City should increase also. In
April of 1986 , the annual revenue amount the City received was
$28,727. This was down from the previous year.
DGJ/cw
Attachments
4
�U
ORDINANCE NO. 137
ORDINANCE OF THE CITY OF ATASCADERO
AMENDING CERTAIN SECTIONS OF SAN LUIS
OBISPO COUNTY ORDINANCE NUMBER 1202 ,
ADOPTED DECEMBER 13 , 1971 , AND ADOPTED
BY THE CITY OF ATASCADERO JULY 2 , 1979
RELATING TO THE COMMUNITY ANTENNA TELE-
VISION SYSTEM FRANCHISE IN ATASCADERO.
The Council of the City of Atascadero ordains as follows :
SECTION 1 . Section One of San Luis Obispo County Ordinance
Number 1202 adopted on December 13 , 1971 , is hereby amended to read
as follows :
Section 1 . A non-exclusive franchise to construct , operate and
maintain a CATV System within the incorporated City boundaries of
Atascadero (hereinafter called the Area of Franchise) , is hereby
granted to Falcon Cable TV System Company (hereinafter referred to
as Grantee) , for an additional period of ten years from the date of
passage of this Ordinance until the year 2001 . The grant of non-
exclusive franchise shall vest in Grantee all of the rights and
privileges of, and shall subject Grantee to each and all of the
provisions of Chapter 6 . 48 of the San Luis Obispo County Code (Incor-
porated by Ordinance of the City of Atascadero July 2 , 1979) , and
of this document , and in the event of any conflict between the
provisions of said Chapter 6 . 48 and the provisions of this document ,
then the provisions of this document shall prevail.
SECTION 2. Section three of San Luis Obispo County Ordinance
No. 1202 adopted on December 13 , 1971 , is hereby amended to read
as follows .
Section 3 . All rates and charges for Cable TV Service over
which the City has jurisdiction now or hereafter under the rules
-1-
0
and regulations of the Federal Communications Commission, shall
be expressed by Resolution of the Council .
Grantee shall provide CATV services to the City of Atascadero
and public schools without costs as follows :
(1) Grantee shall provide one free CATV outlet and one free
monthly CATV subscriber service to each public school within the
Area of Franchise, and one free CATV outlet and free monthly CATV
subscriber service to the City of Atascadero.
(2) Grantee shall provide for the use of all public school
systems within the Area of Franchise and the City of Atascadero ex-
clusive use of one channel to be used by the public schools and the
City of Atascadero for informational purposes . Grantee shall broad-
cast , at no expense to any of the said public schools in the City of
Atascadero a teletex type system for public messages in an alpha
numeric format. As a condition of Grantee' s performance of the
services required by this sub-paragraph (2) shall be that the said
public school systems and the City of Atascadero make reasonable
efforts to coordinate their use of Grantee' s equipment and personnel
with Grantee to the end that Grantee' s business will not be sub-
stantially impaired. It is the intent of this Section to allow
for public access through the City of Atascadero and the public
schools within the franchise boundary to all non-profit organiza-
tions and civic groups , including churches , without reservation
as to content , subject only to the requirement of public information,
the resources of the Grantee and the proposed teletex system.
SECTION 3 . Section Four of San Luis Obispo County Ordinance
Number 1202 is hereby amended to read as follows :
Section 4 . Grantee shall pay to the City of Atascadero on or
-2-
i
before April 1 , ouch year the following frWhise fees , based
upon gross revenues from whatever sources :
1986 3%
1987 4%
1988 et seq. 5%
Gross revenues shall mean any and all compensation and other
consideration collected or received or in any manner gained or
derived by Grantee from the operation of its CATV service within
Area of Franchise under this Franchise Grant.
SECTION 4 . Section 20 shall be added to Ordinance No.
1202 of the County of San Luis Obispo as follows :
Section 20. Grantee shall extend a distribution line at
no cost to anv subscriber than usual connection fees in all
instances where there exists a single family residential or
subscriber density as follows:
(1) Forth or more single family residence connections
or subscribers per plant mile, as measured along
the path or route most reasonable for extension
of a distribution line.
(2) If adjacent to an existing distribution line, eight
or more single family residence connections or
subscribers per one thousand fifty six feet, as
measured along the path or route most reasonable
for extension of a distribution line.
If the Grantee is not required to extend a distribution line at
no cost to the subscribers pursuant to Subsection 1 and Subsection 2
of this Section, then Grantee shall extend a distribution line in
accordance with the Agreement set forth in Exhibit "A" attached to
this ordinance . Any person or persons desiring CATV service within
the Franchise Area not subject to Subsection 1 or Subsection 2 of
this Section, shall enter into a written Reimbursement Agreement
to subscribe to Grantee CATV service and pay to Grantee , in advance
,f
of construction of the said extension, a one time only premium
installation charge in accordance with the formula set forth in
Distribution Line Extension Policy attached to the Agreement as
Exhibit "B".
Pursuant to said Agreement , and this Franchise Agreement ,
Grantee shall pay all refunds within thirty days of the close of
the years service to the subject distribution line extension. No
refund shall be made to those parties subscribing after the close
of the fifth year of service to the subject distribution line exten-
sion. In no event shall the aggregate amount of the refunds payable
hereunder exceed the premium installation charge paid by any sub-
scirber.
SECTION 5 . The City Clerk shall cause this Ordinance to
be published once within fifteen days after its passage in the
Atascadero News , a newspaper of general circulation, printed, pub-
lished, and circulated in this City in accordance with Government
Code Section 36933; shall certify the adoption of this Ordinance;
and shall cause this Ordinance and its certification to be entered
in the Book of Ordinances of this City.
SECTION 6 . This Ordinance shall go into effect and be
in full force and effect at 12 : 01 A.M. on the thirty-first (31st)
day after its passage .
The foregoing Ordinance was introduced on 1986 ,
and adopted at a regular meeting of the City Council held on
AYES :
NOES :
ABSENT
-4- ,.
APPROVED AS TO CONTENT:
P�
I
Robert M. Jones , City Clerk Mike Shelton, City Manager
APPROVED AS TO FORM:
Robert M. Jones , City Attorney Rolfe Nelson, Mayor
City of Atascadero
r
-5-
f,
EXHIBIT "A"
CABLE TELEVISION LINE EXTENSION AGREEMENT
WHEREAS ,
the Applicant has applied for and received preliminary approval of
Cable Television extension, from Falcon Cable TV System Company and,
WHEREAS , the Applicant desires to obtain said cable television
line extension from Falcon Cable TV System Company for performance
of the requirements made a condition thereof,
NOW, THEREFORE, THIS AGREEMENT made and entered into this
day of , 19_, by and between
of the City of Atascadero , State of California, hereinafter referred
to as "Applicant" , and the Falcon Cable TV System Company, herein
referred to as "Company" ;
WITNESSETH:
In consideration of the mutual promises , agreements , covenants
and conditions set forth herein, and in consideration of said cable
television line extension, the parties hereto do hereby mutually
covenant and agree as follows :
1. The applicant shall make payment in advance to Company for
the cost of construction of cable television line extension as out-
lined in Distribution Line Extension Policy, Exhibit B, and as shown
on the plans thereof as approved by the Company which are attached
hereto marked "Exhibit C", and incorporated by reference as though
fully set forth, to-wit :
-1-
Payment referred to hereinabove is the amount of $
itemized as follows : P = ( N 40 )
The stated charges do not include the specified monthly service charge.
2. The payment to the Company shall be the total of the cost
estimate , as listed in Paragraph 1 above, to complete the cable
television line extension, including, but not limited to, the cost
of labor, materials , inspection, engineering, and administration.
3. Permission is hereby granted by Applicant to the Company,
or its authorized agent , to enter upon the land which is the subject
of cable television line extension for the purpose of inspection of
any an/or all of said improvement work to be constructed or installed
under this agreement.
4 . Upon completion of the cable television line extension, title
to the cable television distribution line extension shall vest in the
Company and shall constitute a portion of the Company' s overall distri-
bution system. The applicant shall however be entitled to reimbursements
in accordance with the following provision:
a. The applicant, shall up to five (5) years from the
date of signing the form agreement , be entitled to
a refund for each connection later made to the main
extension, based on the pro-rated cost as determined
for each subscriber per the line extension formula.
5. Neither party to this Agreement shall assign or transfer this
Agreement or any interest therein without the prior written consent
of the other party.
6. Any waiver by Company of any failure by Applicant to comply
with any term or condition of this Agreement shall not be construed
as a waiver by Company of any similar or other failure by Applicant
-2-
• 0
to comply with any term and condition of this Agreement.
7. The following terms and conditions shall be met by Applicant
prior to start of construction
pursuant to this Agreement:
a. That applicant shall clear a right-of-way for
said cable television line extension to satisfac-
tion of Company, to include acquisition of permits ,
if required.
IN WITNESS WHEREOF the applicant and Company have executed this
Agreement on the day and year first hereinabove set forth.
APPLICANT
COMPANY: FALCON CABLE TV SYSTEM COMPANY
BY:
Ih
EXHIBIT "B"
DISTRIBUTION LINE EXTENSION POLICY
Grantee shall extend a Distribution Line at no cost to any
subscriber in all instances where there exists a residential or
subscriber density as follows :
(1) Forty (40) subscribers per mile as measured along the path
or route most reasonable to extension of a Distribution Line.
(2) If adjacent to an existing Distribution Line, eight or
more subscribers per One Thousand Fifty Six Feet (1056) , as measured
along the path or route most reasonable for extension of a Distribution
Line.
If Grantee is not required to extend a Distribution Line at no
cost to subscribers , then Grantee shall extend a Distribution Line
in accordance with the formula set forth below, but in only those
instances when each of the factors "P " "P " "P311 '
P " "P and "P "
111 ,
2 3 411 , 5
are greater than zero. The person or persons desiring CATV service
shall enter into written agreements to subscribe to Grantee' s CATV
service and pay to Grantee, in advance of construction of the said
extension, a one time only premium installation charge in accordance
with the formula set forth below:
DISTRIBUTION LINE EXTENSION FORMULA
(A B)
P1 (i1 -4-9)
(A B)
P2 - (N1-40)
(A _ B)
P3 - (72 40
_ (A B)
P4 - (N3-4-9
(A B)
P5 = (N4-40)
-1-
`.l
! !
Where:
P1 = premium installation charge per subscriber for all,
parties subscribing prior to commencement of CATV
service to the subject Distribution Line Extension
and for the first twelve (12) months thereafter.
P2 = premium installation charge per subscriber for all
parties who commence subscription for CATV service
during the second year service is available on the
subject Distribution Line Extension, but never to
exceed P1 .
P3 = premium installation charge per subscriber for all
parties who commence subscription for CATV service
during the third year service is available on the
subject Distribution Line Extension, but never to
exceed P2.
P4 = premium installation charge per subscriber for all
parties who commence subscription for CATV service
during the fourth year service is available on the
subject Distribution Line Extension, but never to
exceed P3.
P5 = premium installation charge per subscriber for all
parties who commence subscription for CATV service
during the fifth year service is available on the
subject Distribution Line Extension, but never to
exceed P4 .
A = actual cost in labor and materials to construct
Distribution Line Extension.
-2-
B = $11 ,377. 00 per mile or an amount approved by the
County Engineer as hereinafter provided.
N = original number of parties agreeing to subscribe
prior to the commencement of service to the subject
Distribution Line Extension.
N1= number of subscribers on the subject line extension
on the last day of the first year of service to the
Distribution Line Extension.
N2= number of subscribers on the subject line extension
on the last day of the second year of service to the
Distribution Line Extension.
N3= number of subscribers on the subject line extension
on the .last day of the third year of service to the
Distribution Line Extension.
N4= number of subscribers on the subject line extension
on the last day of the fourth year of service to the
Distribution Line Extension.
Premium installation charges are in addition to the monthly service
charges and installation charges established by the Resolution. No
premium installation charge shall be made to any party who subscribes
after the close of the fifth year of CATV service in the extended
service area. No premium installation charge shall be made to a new
subscriber where all previous subscribers have been totally reimbursed
for the premium installation charges they have paid.
At one year intervals for a period of three years after commencement
of service in the extended service area, Grantee will review the number
of subscribers receiving service from such Distribution Line Extension
-3-
for which a premium installation fee has been charged and make
refunds to those subscribers in the extended service area at the
close of the previous year if there has been any increase in the
number of subscribers . Said refunds shall be calculated in accordance
with the following formulas :
R = P - (A - B)
1 1 (N 40)'
R2 = (P2 - (N -40) ( ,g )
2
R3 = (P2 - (A - B) ( .6)
N3 40
R4 = (P2 - (A - B) ( ,4)
N4 40
R5 (P2 (N 4*U) ( '2)
5
Where:
Rl = first year' s refund is payable to each subscriber
on the subject Distribution Line Extension at the
close of the first year' s service to the Distribution
Line Extension.
R2 = second year' s refund is payable to each subscriber
on the subject Distribution Line Extension at the
close of the second year' s service to the Distribution
Line Extension.
R3 = third year's refund is payable to each subscriber
on the subject Distribution Line Extension at the
close of the third year' s service to the Distribution
Line Extension.
R4 = fourth year' s refund is payable to each subscriber
-4- , �.
0 0
on the subject Distribution Line Extension at the
close of the fourth year' s service to the Distribution
Line Extension.
R5 = fifth year' s refund is payable to each subscriber "
on the subject Distribution Line Extension at the
close of the third year' s service to the Distribution
Line Extension.
P1 = initial and first year premium installation charge as
calculated pursuant to the Distribution Line Extension
Formula.
P2 = second year premium installation charge as calculated
pursuant to the Distribution Line Extension Formula.
P3 = third year premium installation charge as calculated
pursuant to the Distribution Line Extension Formula.
P4 = fourth year premium installation charge as calculated
pursuant to the Distribution Line Extension Formula.
P5 = fifth year premium installation charge as calculated
pursuant to the Distribution Line Extension Formula.
A =actual cost in labor and materials to construct Distribution
Line Extension.
B = $11 ,377 . 00 per mile or an amount approved by the City
Engineer as hereinafter provided.
N1 = number of subscribers on the subject Distribution Line
Extension on the last day of the first year of service
to the Distribution Line Extension, not to exceed forty (40) .
N2 = number of subscribers on the subject Distribution Line
0 Extension on the last day of the second year of service
to the Distribution Line Extension, not to exceed forty (40) .
-5-
N3 = number of subscribers on the subject Distribution Line
Extension on the last day of the third year of service
to the Distribution Line extension, not to exceed forty (40) .
N4 = number of subscribers on the subject Distribution Line
Extension on the last day of the fourth year of service
to the Distribution Line Extension, not to exceed forty (40) .
N5 = number of subscribers on the subject Distribution Line
Extension on the last day of the. fifth year of service
to the Distribution Line Extension, not to exceed forty (40) .
Grantee shall be responsible for providing documentary evidence
to the City Engineer supporting any change in constant "B" in the
formulas set forth above. The constant "B" shall not be changed without
prior approval of the City Engineer. In no event shall such change
in constant B11affect any premium installation charge or reimbursement
for Distribution Line Extensions which commenced or completed construc-
tion prior to the change in constant "B" .
In the event that Grantee includes equipment or facilities or
capacity in or on the Distribution Line Extension in excess of that
needed to provide the type and level of 'service prevailing in the
franchise area wherein the extension is being accomplished, then
Grantee shall bear the full cost of the same and no charge shall be
made to any subscriber for such excess equipment , facilities , or
capacity.
At any time that the actual cost in labor and materials to
construct a Distribution Line Extension (A) exceeds the constant
"B" of $11 ,377 . 00 per mile or an amount approved by the City Engineer,
Grantee shall submit to the City Engineer documentary evidence
-6-
i •
supporting the said actual cost of construction.
Grantee shall report to the City Engineer the particulars of
the various charges , costs and expenses to subscribers on each line
extension implemented hereunder.
-7-
FALCON CABLE TV SYSTEM COMPANY
LINE EXTENSION ESTIMATE
Name of Project:
Boundaries of Project:
Number of Passings :
Underground Footage:
Overhead Footage:
Total Footage:
Number of Poles :
Number of Signed Agreements :
N _ 11+0 = P
Material Total
(Includes tax and freight) 0
Labor
In house (Includes OH @ 100%) Contractor
TOTAL
Engineering
In house (Includes OH @ 100%) Contractor
Telephone Power
Other (Explain) TOTAL
TOTAL COST (A)
EXHIBIT "C" •
PROJECT NAPS DISTRIBUTION LINE EXTENSION FORMULA
End End End End End
Original Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL
(A) Actual Cost A A A A A A
(N) # of Subs N N1 N2 N3 N4 N5
B 11000
U 4+ -
Install Cost
(P) - sub. P P1 P2 P3 P4 P5
Install Cost
- TOTAL
Refund per
(R) sub R1 2 R3 R4 R5
Total Refund
Total Cost
to Customer
Total Cost
to Co.
DISTRIBUTION LINE EXTENSION FORMULA REFUND FORT,IULA
(A _ B) _ (A _ 13)
P1 (N 4U) R1 = P1 OT1-4-15)
PA B
2 (Nl 4U) R2 (P2 (N2 Z ( .8)
P = (A - B) A B
3 (N2 40) R3 = (P2 - (N -40) ( . 6)
(A B) 3
P4 (N3-40) R4 = (P2 (N 4B ( ' 4)
(A _ B) 4
P5 - (N4 4-U) _ A B
R5 = (P2 ( 5 4U) ( . 2)
A
.J
s r
• M E M O R A N D U M
TO: City Council June 23, 1986
VIA: Michael Shelton, City Manager "'C�
FROM: Henry Engen, Community Development Director43,f_
SUBJECT: Appeal of Tentative Parcel Map Conditions by Richard
Summers (Tentative Parcel Map 9-86)
LOCATION: 8971 San Gabriel Road
REQUEST: Appeal by Richard Summers on behalf of Craig Warhurst of
certain conditions of approval of a two-way lot split,
especially concerning the Amapoa-Tecorida drainage fee
BACKGROUND:
On May 19, 1986, the Planning Commission approved a two-way split of a
2.1 acre parcel at 8971 San Gabriel .Road subject to seven findings and
13 conditions 'of approval. On behalf of the applicant, Craig War-
hurst, Richard Summers is appealing this action (see attached letter
dated May 30, 1986) .
As indicated in the letter and the minutes excerpt from the Planning
Commission meeting, Mr . Summers is complaining of a lack of notifica-
tion of Condition #9 pertaining to the requirement for $5 ,392.80 for
the Amapoa-Tecorida drainage area fee.
ANALYSIS:
The Amapoa-Tecorida drainage fee was established by Ordinance No. 117
and implemented by Resolution No. 9-86. Ordinance No. 117 was passed
,on February 24, 1986 and became effective 30 days later. The parcel
map application was received on April 24, 1986 and considered by the
Planning Commission on May 19 , 1986 . Hence there -is no question that
the project is subject to the fees established pursuant to that ordi-
nance and resolution.
In the interest of historical record, the following summarizes the
chronology with respect to Mr . Summers' concern:
January 17, 1986 - City Engineer reported to the City Council on
development impact fees including Amapoa-Tecorida.
January 23, 1986 - City Council special meeting reviewing develop-
ment fees.
January 27, 1986 - City Council meeting with task force ' s recom-
May 30, 1986 RECEIVED
MAY 301086
COMMUNITY DEVELOPMENT
City Clerk
City of Atascadero
RE : file # TPM 9/86 Warhurst/San Gabriel
Dear Sir,
Attached hereto please find my check in the amount
of $100. 00 as an appeal as required by your letter by
May 22, 1986 . Subject : Tentative Map 9/86,8971 - San
Gabriel, Atascadero, CA.
I wish to appeal the Planning Commission decision
adopting the findings and conditions contained in the
staff report concerning subject property, reached at
the Planning Commission meeting of May 19 , 1986 .
The essence of my appeal concerns , but is not limited
to, the lack of notification of condition #9 in Staff Report
dated May 19 , 1986 . I personally contacted Planning Staff
personnel in February 1986 to determine, if any city condi-
tions would be placed upon this property, which could result
in unexpected costs . I was not informed of any such condi-
tions then existing or anticipated to be imposed. The fore-
going staff report was the first indication I had as to the
requirement to participate in the Tecorida/Amapoa Ordinance
Plan district .
I note that Mr. Sensebaugh quoted in the May 23rd, 1986
edition of the Atascadero News has stated that the Drainage
Plan District "shouldn' t be a surprise. . It' s not a new
situation" . It is true that a moratorium did exist in the
immediate area of Tecorida/Amapoa, in the flatland area. It
is not true that the properties remote from the area would
be necessarily included in the adopted area. The designation
of Tecorida/Amapoa was not finite enouyyh to have put anyone
on notice that properties in the higher locations would be
affected.
Aside from the issue of lack of clarity, as to the
inclusion of specific properties , I believe the Planning
Staff personnel should have notified any person asking about
specific conditions applying to properties in the area.
Particularly as the ordinance was being prepared for adoption
at the time of my inquiry.
Pg. 2 of 2 5/30/86
The foregoing is the essence of my appeal ., Further
information will be submitted at a subsequent date.
Sincerely,
Ric and W. Summers
Re resentative for Craig
a d Glenna Warhurst
Stinchfield and Summers , Inc .
7350 E1 Camino Real Suite 104
Atascadero, CA 93422
466-0111
MEMORANDUM
TO: Henry Engen, Director of Community Development
FROM: Paul Sensibaugh, Director of Public Works
SUBJECT: Summers Appeal of the Amapoa-Tecorida Fee
DATE: June 10, 1986
Regarding the comments in Mr. Summers' letter to the City
Clerk for the above appeal, it should be understood tha the area dis-
cussed at all the public hearings was the drainage basin and that the
ordinance reads that the area be delineated on the official map to be
filed in the City Engineer ' s Office.
The former "Kennaly" map also included areas in the high
ground and was intended to simulate the basin. The total drainage
basin was not shown on that map which was the guideline that the De-
velopment Fee Task Force used. The Committee, however, as was
Council, was aprised that the map boundary was tentative until the
official map could be drawn.
It should be recognized that in the application of State
Statutes Section 66483, the Attorney General has entered the opinion
that the calculation of the maximum possible drainage fee must use as
a basis the total acreage in the drainage basin. (66 ops. Cal. Gen.
120, 1983) The theory used in our fee calculation is consistant with
that decision.
City of Atascadero Item: B-2
STAFF REPORT
FOR: Planning Commission Meeting Date: 5/19/86
BY: Meg Morris, Assistant Planner File No: TPM 9-86
Project Address: 8971 San Gabriel Road
SUBJECT:
Subdivision of a 2.1 acre parcel into two parcels containing 1. 03
acres and 1.08 acres each.
BACKGROUND:
Notice of public hearing was published in the Atascadero News on May
9, 1986. All property owners of record located within 300 feet of the
subject property were also notified on that date.
A. LOCATION: 8971 San Gabriel Road (Lot 1A, Block 13)
B. SITUATION AND FACTS:
1. Request. . . . . . . . . . . . . . . . . . . . . .Subdivision of a 2. 1 acre parcel
into two lots of 1. 03 and 1. 0810
acres each.
2. Applicant. . . . . . . . . . . . . . . . . . . .Craig Warhurst
3. Representative. . . . . . . . . . . . . . .Richard Summers
4. Engineer . . . . . . . . . . . . . . . . . . . . .Robert Tartaglia
5. Site Area. . . . . . . . . . . . . . . . . . . . 2.1 acres
6. Streets. . . . . . . . . . . . . . . . . . . . . .San Gabriel Road is a City-main-
tained road with a 40 foot right
-of-way
7. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Residential Single Fam-
ily - one acre minimum lot size
with availability of sewer)
8. Existing Use. . . . . . . . . . . . . . . . .Proposed Parcel A has an exist-
ing single family residence
Proposed Parcel B is vacant
9. Adjacent Zoning. . . . . . . . . . . . . .North: RSF-Y
South: RS
East: RSF-Y
West: RS
Tentative Parcel MaP1%-86 (Warhurst/Stinchfield* Summers)
10. General Plan Designation. . . . .Moderate Density Single Family
11. Terrain. . . . . . . . . . . . . . . . . . . . . .Level to gently sloping with
scattered trees
12. Environmental Status. . . . . . . . .Negative Declaration
C. ANALYSIS:
The minimum lot size in the RSF-Y zone is one acre when sewer is
available and one and one-half acres without sewer . These parcels
are located within the Sewer Improvement District which estab-
lishes their onP acre minimum lot size. The development of the
proposed rear parcel will require connection to the sewer system.
The fact that the site is on the sewer system, as well as rela-
tively level, presents few problems for development of the site.
The major result of allowing lot splits in this area is the in-
creased drainage to the Amapoa-Tecorida flood area. The applicant
is, therefore, being required to participate in an assessment dis-
trict for drainage and related improvements. This requirement,
along with the other recommended conditions of approval, will
ensure that the site is physically suitable for the proposed
development.
D. RECOMMENDATION:
Staff recommends approval of Tentative Parcel Map 9-86 based on
the Findings contained in Exhibit A and Conditions in Exhibit B.
MM:ps
ATTACHMENTS: Exhibit. A - Findings for Approval
Exhibit B - Conditions of Approval
Exhibit C - Location Map
Exhibit D - Tentative Parcel Map
2
Tentative Parcel MaJ09-86 (Warhurst/Stinchfiela*S, Summers)
EXHIBIT A - Tentative Parcel Map 9-86
Findings for Approval
May 19, 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
proposed.
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 or their habitat.
6. The design of the subdivision and the proposed improvements 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.
3
Tentative Parcel MapR-86 (Warhurst/Stinchfield O Summers)
EXHIBIT B - Tentative Parcel Map 9-86
Conditions of Approval
May 19, 1986
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. Obtain an encroachment permit from the Public Works Department
prior to issuance of a building permit and construct improvements
as directed by the encroachment permit prior to final building
inspection.
3. The applicant shall delineate drainage swales on the final map.
4. Drainage facilities shall be constructed to City standards. Up-
grade existing 12" C.M.P. under San Gabriel road to 18" (minimum)
C.M.P. and extend as necessary to allow for drive approach.
5. All drainage work shall be completed (or bonded for) prior to
recording the final map.
6. Wastewater disposal shall be by connection to the public sewer .
7. Obtain a sewer connection permit from the Public Works Department
prior to hooking up to public sewer .
8. A sewer annexation fee of $1,210. 00 per single family lot shall be
paid prior to recording the final map.
9. The property owner shall enter into an agreement with the City,
acceptable to the City Attorney, 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. This shall appear
as a note on the final map.
10. Participate in eliminating a portion of the flood hazard to the
property by posting a performance security in the amount of
$5,392.80 per acre for single family development with the City, to
be used for drainage improvements for channelizing the outflow
from Atascadero Lake to Atascadero Creek at the time of develop-
ment, prior to issuance of building permits. 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.
4
,,r
Tentative Parcel Ma09-86 (Warhurst/Stinchfielp& Summers)
11. The applicant shall upgrade the fire hydrant across from 8967 San
Gabriel Road to City standards.
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 will 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.
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.
5
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Minutes- Planning Commission - May 19, 1986
MOTION: Made by Commissioner Bond, seconded by Commissioner
Kidwell and carried unanimously to approve Tentative Par-
cel Map 5-86 subject to the findings and conditions con-
tained in the staff report.
2. Tentative Parcel Map 9-86 :
Request submitted by Craig Warhurst (Richard Summers, repre-
sentative) to subdivide 2.1 acres into two lots of 1. 03 and
1.08 acres each. Subject property is located at 8971 San
Gabriel Road, also known as Lot lA of Block 13.
Mr. DeCamp presented the staff report recommending conditional ap-
proval of the land division request.
Robert Tartaglia, engineer representing the applicant, addressed
condition #11 relative to the fire hydrant and stated that the
fire hydrant location is not shown on the tentative map. He
pointed out that this hydrant will not benefit this particular
property because the other property lines do not connect opposite
the extension of the westerly property line. Mr. Tartaglia also
expressed concern with condition #4 relating to upgrading the
C.M.P. pipes on the property. He stated that this development
will not drain any water into that pipe and will not have any ef-
fect on the water presently going through there. He further noted
that the water will drain in a northwest direction and into the
drainage swale. He requested that the Commission give both of
these conditions consideration.
In response to question from Commissioner Michielssen, Mr . Tar-
taglia explained that it would be a $1, 000 minimum cost to replace
the existing 12" C.M.P. line.
In response to question from Commissioner Hatchell, Mr . Tartaglia
responded that there does not appear to be any evidence of any
overflow with the existing 12" C.M.P. pipe.
Richard Summers, applicant, stated his opposition to the $5 ,392. 80
Amapoa/Tecorida fee for this lot split, and proceeded to explain
the background involved with his initial contacts with the City.
During the week of February 11th, he had contacted planning, en-
gineering, and public works to determine project costs. He ex-
plained that he had not been informed with regard to being includ-
ed in the Amapoa-Tecorida drainage area and stated that the City
has a responsibility in better informing the community of any
changes.
Mr. Engen elaborated on Ordinance No. 117 (adopted February 24,
1986) which instituted the drainage fee and stated that the
department' s report which was first introduced in January, 1986
did not contain a detailed map of the Amapoa-Tecorida area, and
speculated as to the problems that may have arisen with Mr . Sum-
mers not being properly informed of this new drainage fee. Dis-
cussion ensued.
2 ;J'
Minutes - Planning Commission - May 19, 1986
There was continued discussion concerning the requirements con-0
tained in the staff report pertaining to the development fees.
Commissioner Bond noted his agreement with the required 18" C.M.P.
pipe and commented generally on the performance security bonds in-
volved with the property. He further expressed his feeling that
the fire hydrant across the street will benefit the subject
property.
Commissioner Hatchell stated he could see the reason for requiring
the 18" C.M.P. pipe. He wished Mr . Summers luck in pursuing the
issue of development fees to the City Council. He expressed some
concern relative to notification and publication of the new boun-
dary map for the Amapoa-Tecorida area in the newspaper .
Commissioner Michielssen also concurred that he would like to see
Mr. Summers pursue this issue at the City Council level and added
some general comments on the discussion. He did point out that
if the Water Company replaces the hydrant, this would be at a cost
of approximately $650 which is economical for a new hydrant.
Chairman LaPrade stated that given the length of the driveway,
chances are that a grading permit will be required and stated that
at that time, . after calculations are taken, a determination could
be made as to the appropriate extension of the C.M.P. pipe. He
expressed reservations with regard to the required fees and felt
that a credit should somehow be noted. 0
Commissioner Kidwell noted her opposition to the fire hydrant
requirement, to which Chairman LaPrade clarified the intent of the
requirement.
MOTION: Made by Commissioner Hatchell, seconded by Commissioner
Bond and carried unanimously to approve Tentative Parcel
Map 9-86 subject to the findings and conditions contained
in the staff report, with modification to the conditions
that credit be issued towards the drainage fees for the
installation of the culvert across the street.
3. entative Parcel Man 10-86 :
Re est submitted by Tom Hale (Cuesta Eng ' ering) to subdi-
vide 92 acres ito two parcels of 3. acres each. Subject
property located at 10885 San Ma os Road, also known as
Lot 47 of Blo 40.
Mr . DeCamp presented the of report recommending conditional
approval of the request.
John Falkenstein wi Cuesta Engineer representing the appli-
cant, noted his currence with the sta eport.
3 AV
• M E M O R A N D U M
TO: City Council June 23, 1986
VIA: Michael Shelton City t Manager kv '
FROM: Henry Engen, Community Development Director
SUBJECT: General Plan Amendment 1M-86: Report from Planning Commis-
sion on Urban Service Line Exemption Requests (San Gabriel
Elementary site and Chalk Mountain Golf Course)
BACKGROUND:
At their meeting of June 16, 1986, the Planning Commission considered
the City Council' s request for a report on requested Urban Services
Line policy exemptions for the San Gabriel Elementary School site and
the Chalk Mountain Golf Course.
RECOMMENDATION:
On a 5:1 vote (Commissioner Bond dissenting) , the Planning Commission
recommend approval of Resolution 49-86 pertaining to a new Public and
Quasi-public Services chapter of the General Plan amended to exempt
the San Gabriel Elementary site and Chalk Mountain Golf Course as ref-
erenced in the attached Planing Commission staff report, and to size
the San Gabriel sewer line to be able to accommodate the cease and
desist area on San Gabriel.
PS:ps
ATTACHMENTS: Planning Commission Staff Report - June 16, 1986
cc: Dr. Anthony Avina
•
i !
Urban Services Area: "The Urban Services Line defines the area
that will eventually be furnished with major public and quasi-pub-
lic services. The urban services area - 3,714 subdivided acres
comprises 15.4% of the Urban Reserve Area. This acreage will be
served by some or all of the central urban services including:
ambulance sewers
cultural facilities solid waste disposal
drainage street lighting
fire protection street sweeping
improvement districts street trees
library streets
parks utilities
police water
The Urban Services Area in this plan approximates the present san-
itary improvement district. . . . "
With respect to the suburban services area, the plan states as
follows:
Suburban Services Area: "The Suburban Services area con-
sists of the remainder of the city and the portion of the
Eaglet Tract within the city boundaries. There are 16, 539
acres of subdivided land in this category, excluding the
three peripheral Agricultural Preserves. Services to be pro-
vided are similar to the Urban Services Area, except with the
exclusion of sewers and drainage. . . . "
Under land use policy proposals, the plan includes the following
statement: "Properties outside the Urban Services Line shall be
evaluated for lot sizes based on the Suburban Residential range (2
1/2 to 10 acres) until sewers are available. "
In the plan' s section on sewage collection and disposal, it states
that: "Beyond the urban services area, users would not be
served. "
B. Zoning .Ordinance Provisions:
With respect to zoning, the area in question is zoned Suburban
Residential with a lot size standard of 2 1/2 to 10 acres. The
purpose of this zone as stated in the Ordinance is as follows:
"Purpose: This zone is established to provide for large
lot residential uses in areas outside the Urban Services Line
or in other areas where large lots are desirable to protect
land uses and buildings subject to inundation, steep slopes,
or other hazards. "
There is a direct link between the General Plan and its implemen-
tation through zoning drawing the density boundary at the Urban
Services Line.
C) Chalk Mountain Lands: The Chalk Mountain Golf Course and Heill-
2
man Park are outside the City limits; therefore, this is a paral-
lel situation to Paloma Creek Park. the Local Agency Formation
Commission' s adopted Sphere of Influence study shows the golf
course as being within the City' s recommended Sphere of Influence
and Sphere of Service for the City of Atascadero. The Sphere of
Influence means "A plan for the possible ultimate physical boun-
daries and service area of a local governmental agency. " LAFCO' s
Sphere of Influence and Sphere of Service correspond directly to
the City' s definitions of the Urban Reserve and Urban Services
Line.
Hence, it is reasonable to assume that the golf course, although
outside the current Urban Services Line of the City, is a use
foreseen as ultimately being within the city limits and provided
urban services.
D. San Gabriel Elementary Site:
The school district had anticipated that the San Gabriel site
could be adequately served by septic systems and detailed studies
have found that not to be as economical.
Staff' s concerns with respect to extending sewer service to this
site is one of letting the "genie out of the bottle" with respect
to generating . expectations of sewer service and higher residential
densities along the line. As noted in the City Engineer ' s trans-
mittal, there is a cease and desist area along San Gabriel that is
outside the present Urban Services area that will have to be dealt
with in the future. Immediate concerns should be mitigated by
prohibiting any other sewer service along the line without a Gen-
eral Plan amendment. Likewise, the proposed extension of services
to the golf course could be handled as an exemption provided that
no other sewer service be provided along the collector line with-
out a General Plan amendment which evaluates any potential
impacts.
The accompanying recommendation provides language that could be recom-
mended to the Council.
RECOMMENDATION:
Amend Exhibit A, General Plan Amendment 1M-86, Urban and Suburban
Services to read as follows (underlined language equals new text) :
Chapter V, Land Use, includes a description of the Urban and
Suburban Services Areas within the City. Their creation distin-
guishes between areas that should ultimately receive full urban
services and areas that should receive only partial services. The
Urban Services Line (USL) is the boundary between urban and subur-
ban areas and closely correlates with the former County Sanitation
District. Exceptions to this policy are: the extension of sewer
service to the Paloma Creek Park which has been developed and
leased state land outside the City limits; the extension of sewer
service to the San Gabriel Elementary School site outside the
Urban Services Line; 'and the extension of sewer service to the
3 ,,�a
• 0
club house and restrooms on Chalk Mountain Golf Course which is
owned by the County outside the City limits.
ALTERNATIVE:
The Planning Commission could consider the following alternatives:
1) Denial of both exceptions.
2) Denial of either exception.
HE:ps
Enclosures: Staff Report to City Council - May 27, 1986
City Engineer 's Memorandum June 11, 1986
i '• jJ� y/
M E M O R A N D U M
TO: City Council May 27, 1986
VIA: Michael Shelton, City Manager
FROM: Henry Engen, Community Development Director Nt'
SUBJECT: General Plan Amendment 1M-86
LOCATION: City-Wide
APPLICANT: City of Atascadero
REQUEST: To update the General Plan text pertaining to Chapter VII
"Public and Quasi-Public Services
BACKGROUND:
This matter was considered by the Planning Commission at its meeting
of March 31, 1986 . There was public testimony given and discussion
among the Commission concerning this matter as referenced in the at-
tached minutes excerpt.
RECOMMENDATION - Planning Commission and Staff:
On a 6:0 vote, the Planning Commission recommended approval of the
general plan amendment as referenced in attached Resolution No. 49-86.
ADDITIONAL REQUESTS FOR CONSIDERATION:
Since the Planning Commission's recommendation, we have received the
accompanying letter from the Atascadero Unified School District. The
School District is requesting that the City provide them with sewer
service to their San Gabriel Road site (see attached map) . This area
is designated as being surrounded by suburban residential land use
which is a 2 1/2 to 10 acre minimum lot size outside of the City' s
Urban Services Line. Hence, they are requesting that consideration be
given to providing an exception in the Public and Quasi-Public Ser-
vices Element of the plan to enable extending sewer service to the
school site.
Should the Council wish to give consideration to this request, it
would have to be referred back to the Planning Commission pursuant to
Section 65353 of the Government Code which states, "Any modification
of the proposed plan, part, element, or amendment thereof by the leg-
islative body not previously considered by the Planning Commission
during its hearing, shall first be referred to the Planning Commission
for a report and recommendation, but the Planning Commission shall not
be required to hold a public hearing thereon. "
,l�
0 0
In addition to the school exception, the City Engineer has stated that
Is the County, in reviewing proposals to extend a collector sewer line
across the golf course, has inquired about the possibility of provid-
ing limited sewer service to the club house area. An exemption to
provide for this limited service could also be considered by the Coun-
cil provided that a recommendation on the matter is requested of the
Planning Commission.
RECOMMENDATION-
Continue consideration of General Plan Amendment 1M-86 for a recommen-
dation from the Planning Commission on the sewer service exception
requests.
HE:ps
ATTACHMENTS: Atascadero Unified School District Letter/Map - 5/7/86
Planning Commission Staff Report - March 31, 1986
Planning Commission Minutes Excerpt - March 31, 1986
Resolution No. 49-86
cc: Dr. Anthony Avina
Ernest W. Taylor
i.
Atascadero Unified School District
"Where students and their education are paramount"
6800 LEWIS AVENUE
ANTHONY AVINA, Ed.D. ATASCADERO, CA 93422
District Superintendent PHONE: (805) 466-0393
May 6, 1986 RECEIVED MAY - � ;%J��
Henry Engen
Community Development Director
City of Atascadero
P.O. Box 747
Atascadero, CA 93423
Dear Mr. Engen:
It is our understanding that at the June 9, 1986, City Council meeting the
Council will be considering a General Plan Amendment 1L-86. We understand
that a request will be made to revise the existing urban service line to
include new areas. outside the existing urban service area to reconcile with
the sewer improvement district line.
Further it is our understanding that an exception to this policy would be
the extension of sewer service to the Paloma Creek Park which has been
developed on leased state land outside of the city limits.
The School District would like to ask the City to give special consideration
to a similar request to the urban and suburban services. We would like to
request that the City Council and Planning Commission consider a request to
allow the School District to obtain sewer service for the San Gabriel Road
Elementary School.
The District has explored the feasibility of installing its own septic system
and leach lines. Soils investigations indicate dense, compact, non-permeable
siltstone and sandstone approximately five feet below the ground level. In
order to develop an adequate drainage system, it would be necessary to import
a significant amount of fill material in order to provide an adequate leach
field. Conversations with a representative of the Environmental Quality Board
indicate that they still have reservations about the proposed system in that
they feel that there is a possibility that the effluents might surface wherever
the sandstone finally surfaces. As additional homes are built on the hillsides
adjacent to the school site this possibility may be further aggravated.
The District has been working with Contract Survey Design, Surveyors - Engineers
of San Luis Obispo regarding the design of a septic system vs. the connection
of a sewer line to the City system. A preliminary profile study of the area
Carrisa Plains Elementary • Creston Elementary • Lewis Avenue Elementary • Monterey Road Elementary
Santa Margarita Elementary • Santa Rosa Road Elementary Atascadero Junior High School
Atascadero Senior High School Atascadero Adult School • Oak Hills Continuation High School f.
(Henry Engen)
Pale 2 � •
indicates that the school could be serviced by installing an eight (8) inch
line along San Gabriel Road to Morro Road and along Morro Road to Santa Rosa.
Preliminary investigations indicate that a lift station would be necessary.
If the City were to consider granting the District the hook-up of a dedicated
line, the size of the line and the lift station would be designed by the
engineers only to provide for the needs of the school. Should the City wish
to consider the possibility of future hook-ups in the area, it might be nec-
essary to consider an up-grading of the line and the lift station. Should
this be the decision, it sould be noted that the State of California will
wish to enter into a right of recovery agreement since they would be paying for
the sewer line initially.
We realize that this request is an "eleventh hour" situation that has not
been previously brought to the City Council and Planning Commission. The
District feels that the potential for problems is significant enough to re-
quest this special consideration from the City.
Should you wish further information or if I can supply clarification on the
matter please don't hesitate to contact me.
Sincerely,
Ernest W. Taylor
Business Manager
EWT:rr
cc: Anthony Avina, Ed.D., Superintendent
Board of Education
Robert F. Stuhr, AIA & Associates
i
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ilTASCADEMO
GENERAL- PLAN MAP
LA7 USE AND CIRCULATIO
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City of Atascadero Item: B-3
STAFF REPORT Is
FOR: Planning Commission Meeting Date: 3/31/86
BY: Henry Engen, Community Dev. Director File No: GP 1M-86
Project Address: City-Wide
SUBJECT:
City-initiated request to update the General Plan text pertaining to
Chapter VII "Public and Quasi-Public Services".
BACKGROUND:
Much of the information contained in the Public and Quasi-Public Ser-
vices Chapter of the General Plan is dated and in need of an update
(see attached existing plan language) .
Various City and County departments together with the U.S. Post Of-
fice, Atascadero Mutual Water Company, Pacific Bell, Southern Califor-
nia Gas Company, Pacific Gas and Electric, Atascadero State Hospital,
Falcon Cable Corporation, and Wil-Mar Disposal were contacted for sug-
gestions toward updating this important element of the plan. The at-
tached draft resolution contains a recommended revised language from*
contacts received and staff analysis.
ANALYSIS:
The following summarizes some of the policies recommended for the
Atascadero General Plan with respect to Public and Quasi-Public
Services:
Water Supply:
New language provided by the Mutual Water Company is proposed to be
incorporated. It leaves open the means by which supplementary water
may some day be obtained to some four alternatives (State water , en-
large Santa Margarita Lake, participate in npw Salinas River impound-
ment facility, or participate in Nacimiento water project) .
Sewage Collection and Disposal:
Data contained in the recent sewer study by John Wallace and Associ-
ates is summarized in the proposed language. In addition, priorities
for extending service within the City and within the Urban Services
Line are suggested.
Police Protection:
On March 24th, the City Council authorized retention of an architec-
tural firm to do a site location study and prepare schematics for a
new police station. The language proposed in the general plan encour-
ages proximity to the central business area.
y,
Fire Protection:
The current general plan calls for a satellite fire station location
near Palomar and Highway 101. That site has been sold and the City' s
Fire Department site is on West Frontage Road between Santa Rosa and
San Gabriel. This section also calls for ultimately a third station
in the north portion of the City.
Nursing Homes:
Proposed language would call for siting of nursing homes on a persons-
per-acre density compatible with the setting proposed.-
Library:
roposed:Library:
The library site which has been selected at Highway 41 and Atascadero
Avenue is recognized in the proposed amendment.
Institutional Uses:
Atascadero State Hospital is called upon to provide for street im-
provements along El Camino Real in the proposed plan amendment.
Implementation:
The plan acknowledges the use of fees and taxes to provide for the
planned public service needs of the community and also calls for
public agencies developing land in the city to conform to the site
improvement standards of the city.
RECOMMENDATION:
Recommend to the City Council that
the attached draft resolution, with
any changes made by the Planning Commission, be adopted.
HE:ps
ATTACHMENTS: Existing General Plan Text
Draft Resolution amending "Public and Quasi-Public
Services" Chapter of the General Plan
2 ���
EXHIBIT A
GENERAL PLAN AMENDMENT 1M-86
AMENDMENTS TO THE TEXT OF THE 1980 ATASCADERO GENERAL PLAN AS FOLLOWS
Delete Chapter VII (Pages 99 through 108) except for the "Education
Facilities" section which was adopted by Amendment GP 2I-85 on August
12, 1985.
Amend the remaining text of Chapter VII to read as follows:
PUBLIC AND QUASI-PUBLIC SERVICES
INTRODUCTION:
One of the most important components of a community is the public and
semipublic uses which serve the community. Public facilities consume
large amounts of land and many have specialized site location require-
ments and involve large capital investments. Thoughtful planning is
needed to assure efficient and effective provision of public services
and provision for quasi-public facilities. The extension of public
facilities and services should be closely coordinated with the land
ie
use element of the general plan to assure and implement orderly growth
patterns.
URBAN AND SUBURBAN SERVICES:
Chapter V, land use, includes a description of the Urban and Suburban
Services Areas within the City. Their creation distinguishes between
areas that should ultimately receive full urban services and areas
that should receive only partial services. The Urban Services Line
(USL) is the boundary between urban and suburban areas and closely
correlates with the former County Sanitation District. An exception
to this policy is the extension of sewer service to the Paloma Creek
Park which has been developed on leased State land outside of the City
limits. -
WATER SUPPLY:
The development of an adequate water supply system is basic to a com-
munity. Water is supplied by Atascadero Mutual Water Company. Lot
owners within the Colony own shares of company stock and are entitled
to its services.
As described in Chapter II, Physical Setting, Atascadero Mutual
Water Company draws approximately 3000 acre feet per year from the 25
million acre foot aquifer known as the Paso Robles Basin, by means of
five deep wells within the Salinas River alluvium. Five more shallow
wells draw from the Salinas River gravel deposits, to a State appro-
,1�
priation of 3040 acre feet per year . The State Water Resources Board
(1976) estimates the total safe yield of the Paso Robles Basin at
47,000 acre feet per year . Actual withdrawals, including those by
Atascadero Mutual Water Company, total about 45, 000 acre feet.
Projected water use at total population of 34 ,150 people will approxi-
mate 8200 acre feet per year. This will increase the demand on the
Paso Robles Basin by about 1500 acre feet per year . If this and de-
mands by other users doubled, the overdraft would approximate 90,000
acre feet, an annual overdraft of 43,000 acre feet per year . At this
rate, we would be mining the basin of about .0017% yearly, resulting
in an 8 1/2% reduction in reserves in 50 years. In short, despite
rapid growth, reserves are adequate to permit orderly planning for
supplemental sources.
The present system (1986) consists of five recent 300 - 500 foot wells
and five older wells of 100 foot depth. The water table at the shal-
low wells is sensitive to seasonal rainfall, and the hardness, primar-
ily due to the calcium and magnesium content, also varies. The hard-
ness runs from 400 ppm in winter to 600 ppm in summer. To date, in
the deeper wells there has been little seasonal fluctuation in water
level or water quality, the hardness remains constant at about 244
ppm.
Peak demand during summer months has averaged 7 .5 millon gallons
daily. Current storage capacity of 13 million gallons was met by
construction in 1980 of three new reservoirs totaling 7 million gal-
lons, in outlying areas of the City.
Source planning by Atascadero Mutual Water Company includes the
following:
1. Drill and develop deep well no. 10 , tested at 1200 gpm.
2. Drill and develop deep well no. 11.
3. Consideration of one or more of the following:
a. Participation in the State Water Project.
b. Participation in additional storage at Santa Margarita Lake
by enlargement of the Salinas Dam.
C. Participation in a Salinas River impoundment facility on
Company property downstream from Salinas Dam.
d. Participation in Nacimiento Water Project.
SEWAGE COLLECTION AND DISPOSAL:
The Atascadero County Sanitation District comprises a land area of
approximately 3,620 acres of the City' s 23, 000 acres. Within the San-
itation District, there are several improvement districts totaling
about 2100 acres wherein sanitary sewers have been constructed. In
1986 , the Sanitation District served a sewered population of approxi-
�J
A
mately 8500 out of a total City population of 19,600. Total hook-ups
as of November, 1985 were tabulated to be 3,634. The average daily
dry weather flow was 857,000 gallons per day and the average daily wet
weather flow was 1,029, 000 gallons per day. The treatment plant was
designed to process 1. 4 million gallons per day (mgd) and can be ex-
panded to 1.8 mgd with relatively minor improvements. (Source:
Capacity Analysis and Evaluation of the ACSD Wastewater Treatment and
Collection system," John John Wallace and Associates and Lawrance,
Fisk, McFarland, Inc. Consulting Engineers, November , 1985)
The Atascadero County Sanitation District (ACSD) was formed in 1956.
The original sewage treatment plant is located at Traffic Way north
of the Highway 41 bridge across Atascadero Creek. This plant is now
the site of the raw sewage pump station and is at the base of the
City' s gravity sewer collection system. The site also serves as the
City' s incorporation yard.
In 1978, the area voters approved $1.3 million revenue bond as securi-
ty for the local share of a new treatment plant on an 80 acre site
adjoining the Salinas River south of Curbaril and east of the railroad
tracks. This plant was completed in November, 1983 and dissolution of
the ACSD is anticipated following completion of audits and reviews of
the project by the State. At that time, the Urban Services Line will
supplant and become the equivalent of the improvement district limit.
Any extension of that boundary line will require a general plan amend-
ment and, where major extensions are proposed, an Environmental Impact
.Report.
The new sewage treatment plant began operation in November , 1983 with
treated effluent being pumped to either the Chalk Mountain Golf
Course for irrigation or to infiltration basins.
The City shall require adequate fees to provide for the orderly expan-
sion of the treatment plant and collection system. Priority for pro-
vision of sewer service shall be as follows:
A. Areas Not Requiring Amendment of the General Plan:
1. Cease and desist areas
2. Septic problem areas within the improvement district
3. Other areas within the improvement district.
B. Areas Requiring General Plan Amendment:
4. Septic problem areas beyond the improvement district but
within the Urban Services Line.
5. Other areas beyond the improvement district but within the
Urban Services Line.
r
6. Septic problem areas beyond the Urban Services Line which do
not require a more intensive general plan map land use desig-
nation and/or service to an urban density land use.
7. Other areas beyond the Urban Services Line which do not re-
quire a more intensive general plan map land use designation
change and/or service to an urban density land use.
8. Other areas beyond the Urban Services Line requiring a more
intensive general plan map land use designation provided that
the following necessary findings are made:
a. Extension of sewer service to the area will not overbur-
den the City' s sewer plant or collection system.
b. Extension of sewer service to the area will not affect
service to priority areas 1 through 7.
A majority of the City' s developed area will continue to be served by
private sewage disposal. The Soil Conservation Service ranks much of
the suburban residential and agricultural designated lands in the City
of Atascadero as severe for septic systems and most systems require
engineered plans. Percolation tests shall be performed for each such
lot prior to issuance of building permits. Percolation tests shall be
required prior to the processing of applications for parcel or tract
maps where private sewage disposal systems are proposed.
POLICE PROTECTION:
Prior to incorporation, the City' s police services were provided by a
sheriff's substation facility located in the Masonic Temple Building
in the civic center area. Upon incorporation, police services were
located in the City Administration Building. The configuration of the
building does not lend itself to an appropriate police facility. A
study should be made of the optimum location for a police facility to
serve the City' s needs at full build-out. It would be desirable to
locate such facilities in or near the central business area.
Optimum location for a police facility is not as conditioned on dis-
tribution of population as is the case for fire stations. Police ser-
vices are mobile and, therefore, the location is more flexible. It
would be desirable to have the new police facility located in relation
to other public facilities as noted above. Ready access to the arter-
ial road system, however , is necessary.
FIRE PROTECTION:
Fire protection within the City limits is provided by the Atascadero
City Fire Department which has mutual aid agreements with the San Luis
Obispo County Fire Department and the California Department of Forest-
ry. The Atascadero City Fire Department operates out of two fire sta-
tions providing structure and wildland fire protection, as well as
emergency medical and fire prevention services to the public.
The central station is located at Traffic Way and Lewis Avenue. A
second satellite station is being developed on West Frontage Road be-
tween Santa Rosa and San Gabriel. Careful location for such facili-
ties is called for by the Insurance Services Office (ISO) who analyze
the _City's fire protection capabilities and issues ratings for insur-
ance that affect all residents and enterprises within the community.
Factors that are evaluated include station location, water flow capa-
bility, water storage capability, and hydrant location. In order to
achieve adequate fire protection, the following should occur :
1. To keep up with added demands for services, a third fire station
will be needed and should be located in the northern portion of
the City.
2. Building regulations addressing fire safety will need to be imple-
mented. Included are ordinances to deal with the need for fire
sprinkler systems in certain buildings and the spacing, accessi-
bility and required gallons per minute flow of fire hydrants. Hy-
drants must continue to be located on both sides of major arteri-
als in the City to reduce traffic blockage in the event of a fire
in a building fronting on such an arterial.
3. Provisions must be made for expansion of fire suppression ser-
vices, emergency medical services, and fire prevention functions
through manpower and equipment allocations.
4. Institute standardized house and building numbering system to
provide ready identification for all buildings from the street.
Numbers should be located at the edge of the right of way adjacent
to the vehicular entrance of the building.
PUBLIC UTILITIES:
A brief description of the major utility services is as follows:
Natural Gas:
Natural gas service is supplied by the Southern California Gas Company
and generally available throughout the city. Liquified gas is avail-
able from private distributors.
Electricity
Electricity is supplied by the Pacific Gas and Electric Company and is
generally available throughout the city. A fund has been established
pursuant to state law to be put towards the undergrounding of utility
lines in the business districts. The Central Business District should
be the next area to have utility lines placed underground.
Telephone•
Telephone service is supplied by Pacific Bell and is generally avail-
able throughout the city.
Cable Television:
Cable television is supplied in the urbanized portion of the City by
Falcon Cable Television, a City-granted franchise.
HEALTH CARE SERVICES :
Convenient health care services are basic to a community. Future
service needs are as follows:
Hospitals - Owing to the constraints of federal programs to assist
in hospital construction, the North County was limited to one new fac-
ility,
acility, Twin Cities Hospital, located in Templeton. The former Atasca-
dero General Hospital was occupied by the County Health Department.
Ambulance service is available in the Colony and the Fire Department
is rated for EMT-II service.
Nursing Homes - Proper placement and availability of nursing homes
is important. Siting of intensive care agencies, sanitariums, and
nursing homes must consider the character of the area in which they
are proposed. The density proposed should be compatible with the
abutting neighborhood. High density projects would be most appropri-
ate in multi-family or professional office settings while projects
with a low persons per acre ratio would be appropriate for rural set-
tings. Single family residential areas would only be appropriate for
these uses where the persons-per-acre ratio proposed is compatible
with that of the surrounding area.
SOLID WASTE COLLECTION AND DISPOSAL:
Solid waste collection and disposal is carried on by Wil-Mar Disposal,
a City-granted franchise. Participation in garbage collection is
voluntary and there are cases of garbage and trash dumping along road-
sides. Mandatory garbage collection should be considered.
LIBRARY:
The County library is operated out of the Administration Building. A
new location for the County branch library is being developed at the
northwest corner of Highway 41 and Atascadero Avenue.
INSTITUTIONAL USES:
Atascadero State Hospital is the major employer in the planning area.
Former surplus lands from the site were used to develop the Chalk
Mountain Regional County Park and under terms of a lease, the City' s
new South Paloma Creek Park. Coordination between the City and State
on any future development should be maintained, and the State should
fund street improvements along E1 Camino Real to bring the frontage up
to City standards.
OTHER INSTITUTIONAL USES:
Religious and social establishments, including senior citizens facili-
ties, are important in the community. Their proper placement is sub-
ject to zoning standards and findings of compatibility with adjoining
uses.
EDUCATIONAL FACILITIES: (No change; GP 2I-85 - August 12, 1985)
,X
;J
POSTAL SERVICES:
The U.S. Postal Service has announced plans for construction of a
major facility in the City and has acquired a site on East Frontage
Road south of Santa Rosa. Retail services and postal box pick-up
should be retained in the Central Business District.
CIVIC CENTER:
With the Administration Building as a focal point, Atascadero has a
well-defined nucleus for a civic center. The formal Italian Renais-
sance Revival features of the building and grounds provide a sharp
contrast to the informal nature of the community. Vehicular and
pedestrian circulation between adjoining retail districts should be
facilitated by a network of streets to protect pedestrian walkways
through the public complex and across Atascadero Creek. Architectural
treatment, signing, parking and circulation should be carefully
planned for structures and uses in the vicinity of the Administration
Building to assure compatibility. Future facilities for federal,
state, county, and other local governmental agencies should be concen-
trated within the civic center . This may include cultural facilities
such as museum exhibition galleries and civic auditorium. Redevelop-
ment of the nearby Pine Mountain Amphitheater would restore an attrac-
tive feature of the early Colony days.
IMPLEMENTATION:
Public facilities and services should be closely coordinated with the
land use element of the general plan and be used to plan for orderly
growth. The city should continue to implement capital improvement
projects through a five year planning process. Development impact
mitigation taxes and fees should be utilized to provide for the
planned growth of the community. Agencies administering schools and
parks should formulate a program for joint use of facilities to attain
a system of school park complexes. Public agencies developing land in
the City should conform to site improvement standards required of pri-
vate developers.
MEMORANDUM
TO: Henry Engen, Director of Community Development
FROM: Paul Sensibaugh, Director of Public Works.
SUBJECT: AUSD Sanitary Sewer and County Golf Course Sewer
DATE: June 11, 1986
Atascadero Unified School District Sanitary Sewer
The AUSD has requested that extension of the sanitary sewer
to the San Gabriel School site which is outside the Urban Services
Line, but inside the Atascadero County Sanitation Districe boundary.
I have no problem with the extension since it is within the ACSD, but
understand your concerns since it is outside the USL.
The exclusive use designation that you propose without annex-
ation to Improvement District No. 1 is probably appropriate at this
time, but I am concerned that there are two Cease and Desist areas at
San Gabriel and Highway 41 which must eventually be served by the
City.
The sewer main that the school provides will have to be sized
to accept those Cease and Desist areas and adjacent areas which are
now in the ACSD. Since the ACSD will dissolve in the near future it
will be necessary for the USL to serve as the control for sewer
service availability. However , the USL may have to fluctuate from its
present position to accomodate all or some of the area that was pre-
viously determined by the Coiunty that should be served within the
Urban Reserve Line.
The Engineering Division will review any plan which calls for a
sewer in the public right-of-way and Caltrans will require an en-
croachment permit for work within the Highway 41 right-of-way.
The school, although applying for an exclusive use, as suggested
by yourself, should have the right to reimbursement in the event that
a future connection is made to the line which they install. The
agreement would be for 15 years and would be prorated by front footage
or a per lot basis. Any building that has sewer become available to
it has 2 years in which to connect, if such lot lies within the USL.
The school will be required to pay the sewer fees in affect at
the time of application. A monthly rate will be set by my office
based on school use averaged over an annual basis.
County Golf Course Sewer
The City is in the process of relocating the main sanitary
sewer trunk line flow from South E1 Camino Real at La Linia, to the
treatment plant via the County Golf Course. It is necessary, however
to obtain an easement across County property in order to run the lin*
The negotiation with the County has resulted in a mutual agree-
ment that will allow two hook-ups for the golf course - one to the
outhouse on the northerly end and one to the Clubhouse. Taps would be
provided for the exclusive use of the County only and the County would
have to provide their own service line and pay the appropriate monthly
rate charge after hookup.
I recommend that an exception be made for this County use
similar to that being proposed for the school and that has been used
for Paloma Park.
2
Ct rxti
sy
,r
T--
r VII PUBLIC AND QUASI-PUBLIC SERVICES
This section deals with a broad range of public and auasi-
public uses that are essential to a growing community.
These facilities are closely related to the land uses and
population they serve. Some of them appear on Map VII-3.
Urban and Suburban Services
The creation of Urban and Suburban Services Areas as dis-
cussed in Chapter V, LAND USE, distinguishes between the
area that should ultimately receive full urban services and
the area that shouldreceiveonly partial services . The
Urban Services Line, or the boundary between the urban and
suburban areas, relates closely to the County Sanitation
District. A further discussion of this problem occurs in
the section on Sewage Collection and Disposal.
Water Supply
The development of an adequate water supply system is
probably the most important service needed by a community.
Water is supplied by the Atascadero .Mutual Water Company.
With one exception, lot owners in the Colony own shares
or fractional shares in the company and are entitled to
its services. The exception is that portion of the Eagle
Ranch lying within the Colony but west of the Peabody Line.
As described in Chapter II, PHYSICAL SETTING, the Atascadero
Mutual Water Company draws about 3 ,000 acre-feet a year
from the 25 million acre-foot aquifer called the Paso Robles
Basin, by means of four deep wells in the flood-plains of _
the Salinas River. Five more shallow wells draw from the
Salinas River gravel deposits. The State Water Resources
Board (1976) estimates the total safe yield of the Basin
at 47, 000 acre-feet a year. Actual withdrawals, including_
those of the Atascadero Mutual Water Company, total about
45 , 000 acre-feet.
If the demand in Atascadero should triple , to 7, 400 acre-
-feet when the population reaches saturation at about 30 , 000 ,
and if demand by the other users should double in the same
period, total demand would become about 90 ,000 acre-feet,
amounting to an overdraft of some 43 , 000 acre-feet a vear.
At this rate, within 50 _years of our having reached satura-
tion, possibly by 2035 , there would have been mined out
about 10 per cent of the reserves in the Basin. In short,
despite rapid growth, reserves of water are adequate to
permit orderlv planning for supplemental sources .
99
Planning by the Atascadero Mutual Water Company includes
the following:
a. Well Number 9 having proven adequate at 1, 350 gpm,
June, 1977 , the next step would be to drill Number 10
downstream.
b. If Number 10 proves inadequate, drill one or more wells
to the east of the Salinas River, but west of the
Rinconada fault.
C. If these should prove inadequate, drill one or more
wells to the east of the Rinconada fault.
d. Even if these first three steps, either singly or
collectively, should prove successful, they would not
be acceptable long-term solutions because they would
presumably be part of a general mining of the aquifer
above its safe yield. Therefore, the management is
looking to one or more of 7 permanent solutions:
1. Participate in the Santa Rita Project.
2. Participate in the Jack Creek Project.
3. Participate in the impoundment of the Salinas
River behind a second dam downstream from the
Santa Margarita dam, on a site owned by the
Atascadero Mutual eater Company, thanks to the
foresight of E. r_. Lewis.
4 . Participate in the impoundment of additional water
in Santa Margarita Lake by raising the height of
the Present dam. This project is being studied
by the Corns of Engineers .
5. Participate in the State Water Project, if and
when it becomes a reality.
6. Particirate in the Nacimiento Water Project, if
and when it becomes a reality.
7. Construct a dam on Atascadero Creek.
Thus, the management of the Atascadero "4utual t,,ater Comnanv
believes it will be able to meet Atascadero ' s needs for
water in one or more of several ways , whatever the rate of
growth.
The present system consists of four recent 300- to 500-foot
wells and five older :,jells of less than 100-foot depth.
Pumping power is electrical for one of the deeper :cells and.
gas- for the others. One of the deep wells went on-stream in
100 .
l�
•
1970, the second in 1972 , the third in 1976 and the fourth
in 1977. The older wells have electrical pumping systems,
with the exception of one on natural gas. The first of
these went on-stream in 1928.
The water table at the shallow wells is sensitive to seasonal
rainfall, and the hardness , primarily due to the calcium
and magnesium content, also varies. The hardness runs from
400 ppm in winter to 600 ppm in summer. To date, in the ,
deeper wells there has been little seasonal fluctuation in
water level or water quality, the hardness remaining constant
at about 244 ppm.
Peak dailv demand increased about 17 per cent from 1975 to
1976 : from about 5. 0 million gallons to about 5. 8 million.
Current storage in two tanks of 1.5 million gallons was
supplemented in 1976 by a third tank, of 3. 0 million gallon
capacity, on Chalk Mountain.
Although the annual total of gallons metered has increased
about 60 per cent since 1960 , the yearly demand per meter
has tended to drop about 8 per cent, from 240 to about 218
thousand gallons. This slight decrease in unit demand
doubtless reflects a slow shift in the mix of the demand,
as population increases faster than large-scale irrigation.
Sewage Collection and Disposal
Voter anproval of a sewage collection, treatment and disnosal .
system was given in 1969, and first-stage construction was
completed in 1972. The sewage treatment plant was designed
to be built in three 833 ,000 gallons-per-dav increments ,
giving a final treatment capacity of 2. 5 million gallons
per-day. Construction of the second stage of the treatment
plant is scheduled to begin in 1977, usinc funds accumulated
by the District. An outfall line has been constructed from
the treatment plant to ponding areas near the Chalk 'Mountain
Regional Park. The ponding area will be sufficient to handle
ponding requirements when the treatment plant is built and
operating at its planned capacity.
Initial design of the collection system was based on full
development of all. lots in the Sanitation District, as zoned
at that time (Map VII-1) . This would serve a population of
25 , 000. There have been some zoning changes since the design
of the system, some of which may ;gut additional burdens on
the collection system. There is little doubt that annexations
to the Sewer Imnrovement District No. 1 will become necessary
as land narcels are broken dorm and developed. Construction
of a larger capacity sewage system will be necessary if a
major extension of services is n_ rcuosed. The establishment
i of a " zone of benefit" , wherein the cost of extending lines
would be borne by the property owners benefiting from the
improvements , could be used.
101 .
e'u j'
Beyond the Urban Services Area, users would not be served.
The design, installation and maintenance of individual waste
disposal systems should be managed to avoid the contamination
of water tables or the creation of other health and nuisance
problems as they increase in numbers.
Police Protection
Atascadero is currently served by the County Sheriff and the
California Highway Patrol. Although the crime rate in Atas-
cadero does not apnear to have increased, the number of crimes
has because of the increase in population. Although a 1972
questionnaire circulated by the Chamber of Commerce showed
police protection to be the number one concern of residents ,
there is general resistance to higher +property taxes to support
additional services. The City of P_tascadero is in the process
of establishing its own police services.
Fire Protection
Fire protection within the Atascadero Fire District shown in
Map VII-lA is provided by the Atascadero Volunteer Fire
Department and, under Mutual Aid Agreements, by the Atascadero
State Hospital, the State Division of Forestry, and the
Templeton Fire Protection District.
Protection within the Colony but outside the Fire District is
provided by the Division of Forestry under cooperative agree-
ment with the Atascadero Fire Denart-went.
The Atascadero Volunteer Fire Department provides excellent
protection within the Fire District, as evidenced by favorable
fire insurance rates. A drop in rating classification from
the present Class 5 to Class 6 would result in an increase in
fire insurance rates of 9 to 21 per cent.
Fire Drotection Polic,7 Proposals
1. Two additional fire stations are needed. The District
now owns property on Portola ?toad near Coromar Road, on
the west side of Freeway 101. It shall be developed.
A second site ::lust be acquired and developed on the east
side of Freeway 101 near Del Rio Road.
2. The administration of the Atascadero Volunteer ^ire
Department has made several recommendations to the fire
Board. Amona the recommendations are :
a. That a program be instituted to standardize house
and buildinc numbering. Such numbering is needed
to provide easy identification of all buildings
from the street. It is suggested that such numbering
be located at the edge of the right-of-way , adjacent
to the vehicular entrance to the building.
102 .
e 1
b. That a come_ rehensive Fire Protection Plan be written
\ and become part of the Department's standard opera-
ting procedures.
C. That hvdrants be located on both sides of major
arterials. This is needed to reduce traffic blockage
in the event of a fire in a building fronting on such
an arterial.
d. That plans be made to provide fire protection in the
event of blockage of Freeway 101 or destruction of
its overpasses.
Public Utilities
The extent of major utility service outside the Urban Services
District is depicted on I-lap VII-2 and Map VII-2A. A brief
description of these services may be summarized as followst
a. Natural Cas
Natural gas service is supplied by the Southern
California Gas Company and is generally available
throughout the Colony. Liquefied gas is available
from private distributors.
b. Electricitv
Electricity is supplied by the Pacific Cas and
Electric Company_ and is generally available through
out the Colony. A program has been initiated to put
lines underground in a portion of the Central Busi-
ness District.
C. Telephone
Telephone service is supplied by Pacific Telephone
and is generally available throughout the Colony.
d. Cable Television
Cable television service is supplied in Parts of
the Colon�7 by a City-granted franchise.
Health Care Services
Available health care services are a critical concern parti-
cularly to elderlv persons. These services are normallv
provided as a community grows. However , if the community
has as high a proportion of elderly people as Atascadero does ,
the need may be more urgent. The major services available
or needed in the future are discussed as follows :
a. Hosritals
The establishment of a privately-owned hospital
near Temnleton has allowed the County Health Depart-
ment to occupy the old Atascadero General Hospital
/^L
103 . � '
A non-profit physicians ' clinic continues at the
old hospital. The French Pledical Clinic, located
on the south end of El Camino Real, also provides
medical services to the community.
Although the Twin Cities Hospital will provide
adequate hospitalization, travel requirements will
present problems to some of the residents in its
service area. There should be transr_ortation ser-
vices provided by public or private agencies, as
part of the implementation of the Regional Trans-
portation Plan. A Dial-A-Ride program is in opera-
tion. Ambulance service is available in the Colony.
b. Nursing Homes
Particular concern has been expressed over the
future placement of nursing homes within the
community. Locational factors related to intensive
care agencies, sanitoriums and nursing homes shall
include consideration of the character of the
surrounding area. These might be better located
outside of single family_ residential areas , perhaps
in a more rural setting or in professional high
density areas and near important thoroughfares.
Solid ',-TasteCollection and Disposal
Solid waste collection and disposal is carried out through
a County-granted franchise. Participation in garbage col-
lection is voluntary, and there are periodic episodes of
. garbage and trash dumping along roadsides. Mandatory garbage
. collection is a possibility and could be financed by an addi-
tion to the property tax bill.
Libraries
The largest branch of the County Library is located in the
Veterans ' Memorial Building. As the community grows in
Population, an expanded library service, both in physical
size and in materials available, will be necessary.
Institutional Use
1. Atascadero State Hospital
The Atascadero State Hosnital is the major medical facility
in the Planning Area. It is also the major emnloyer in +
the community. It occupies 1417 acres , within which
buildinc-s are centrally located, and does not affect the
character of surrounding neighborhood residential uses.
Anproximately 200 acres have been sold to the County for
the new Chalk :-fountain Regional County Park site. The _
preservation of the Stateflosoital as a permanent land �-
104 .
1)
use is most important to community stability. Factors
relating to development of facilities within the hos-
pital complex shall be carefully coordinated with local
officials so that additions will not adverselv affect
surrounding properties.
2. Other Institutional Uses
Other types of institutions important to the physical
and economic structure of Atascadero include those
which relate to religious and social establishments
and senior citizen accommodations. Somewhat greater
latitude about the placement of these uses in the
Planning Area can be considered. Several rest homes
and churches have already been situated in single
family residential areas and seem to be compatible.
However, anticipated density increases within certain
sections of Atascadero may give cause for conflicts
between single family home owners and these institutions.
Multi-family and professional office districts are considered
to be the most suitable areas for churches and accommodations
for the aged where community services , traffic conditions
and surrounding land uses are best related. Senior citizen
hopes may be located on the more quiet streets and nicturesa_ue
property and a little more removed from business activity.
On the other hand, churches, clubs and places of assembly
are best situated on main streets and intersections , on level
property, and closer to business centers .
Education Facilities -- -�
Three elementary schools, one junior high and one high sc
are now located within the Planning Area. As the commu ' ty
grows in population, additional school facilities wi be
needed. The local school district extends to the outheast
corner of the County: hence, local facilities rve more
than the existing or anticipated local popu ion. Moreover,
the sprawling nature of the residential eas does not facili-
tate school locations based on "walk students.
The stated capacities of existi schools are:
Monterell Road Elemen v 420
Santa Rosa '_toad E entary 600
Lewis Avenue El entary 450
Total Elementary 1 , 470
Atasc ero Junior High 600
At cacero High 1 , 400
2 , 000
Total Capacity 3 , 470
105 .
It is estimated, in Chapter III , POPULATION, that when the
lony has filled up to some 30 ,000 people, perhaps in the
ea ly 1980 ' s, school population will have increased to about
8, 2 , distributed as follows :
E mentary 4 ,136
Junior High 1, 338
Seni High 2 , 737
Total 8 ,211
This clearly i icates an increasing need for school facili-
ties. The Atasc ero Unified School District must make
long-term populate n projections and long-term plans for
classroom space. A ions to be considered shall include;
- Acauisition of ditional school sites
- Development of a itional school sites
- Methods of financi classroom construction
- Alternative systems f school operation:
Year-round classes
Double sessions
Within ten years, at present grow rates , there will be a
need for four additional elementar schools , an additional
junior high and an additional high s ool. Elementary
. schools shall be located in residentia areas. Priority
for their development shall be based on the population
densities of the respective octants (Map -2) . Elementary
schools will first be needed in the northe t and southeast
inner octants of the Colonv.
Long-term planning shall consider the abandonme t of the
Lewis Avenue Elementary and the Junior High Scho sites.
Both are located within the commercial-municipal s vices
area. Their present location contributes to severe raffic
congestion and also poses problems of administration d
oreration. The bridging of Atascadero Creek between Sa to
vsabel and Lewis Avenues and conversion of this route to
primary arterial paralleling E1 Camino Real shall further
aaaravate the problem.
Postal Services
The Atascadero Post Office is located in the Central Business
District and is a major contributor to traffic ccncestion.
If the nopulation continues to grog at its present rate,
the current Post Office building space :,gill be insufficient
in 5 years or less (Postmaster, 1976) . The drive-uo mail
box, currently located on Palma Avenue, is in a poor loca-
tion. A location is needed which will permit mailing from
the driver' s side of an automobile. Other drive-up deposit
boxes are needed, especially on El Camino Real.
106 .
s
Cultural Facilities
Other than the Historical Museum in the Rotunda Room of
the Veterans ' Memorial Building, cultural facilities within
the Colonv are lacking. They are, however, readily available
in the surrounding communities. The new Fine Arts Building,
located at the high school, has a small auditorium. Althouqh
it is of limited seating capacity, it can be used for some _
cultural events. Development of the natural amphitheater on
Pine Mountain would restore a facility that was used in the
early days of the Colony.
Welfare
The Atascadero branch office of the Social Services Department
carries out that agency' s responsibilities for the North
County region. Currently there are three eligibility workers
responsible for processing new Aid for Depending Children
applications and four eligibility workers responsible fordetermining the continued eligibility of Aid for Dependent
Children recipients. There is one service worker who provides
general services to applicants and recipients . Child welfare
and other intensive service needs are handled through the
San Luis Obispo office. Food stamps and medically indigent
eligibility is handled through the Atascadero office by eli-
gibility workers who are based in San Luis Obispo and are
stationed in Atascadero on a rotational basis .
Child welfare and intensive services shall be provided
through the Atascadero branch office.
Street Sweeping
The Countv operates a minimal program of street sweepina
in the Central Business District. Private enterprise also
operates a business of gutter cleaning in the Central Business
District, but there is not universal participation. Forma-
tion of a multi-purpose Improvement District in the Central
Business District could include street sweeping in the scope
of its activities.
Public and Ouasi-Public Services Policv Proposals
1. Public facilities and services shall he closely coor-
dinated with the Land Use Element of the General Plan
as a means of encouraaing orderlv growth.
2. The optimum use of local water resources shall be
encouraged, including water conservation practices that
would make maximum use of reclaimed ;nater `or irri-
gation, recreation and other non-domestic uses .
107 .
�n.
3. The Atascadero Mutual Water Comnany shall continue to
explore various avenues to supplement its present
water supply sources for future growth.
4. The Atascadero .Mutual Water Company plans for the
extension or enlargement of water system facilities
shall be coordinated with the planning agency having
jurisdiction within the Planning Area. Moreover,
street improvements and other public works projects
shall be coordinated with the water company.
5. Additional individual wastewater treatment systems shall
be prohibited within the sanitary district, and the
continued operation of individual systems shall be
terminated eventually.
6. Sources of sewage effluent that endanger the Atascadero
water supply shall be eliminated.
7. A specific plan showing needed corrections to prevent
storm water damage shall be formulated. Projects
which would eliminate storm hazard to private properties
shall be progressively completed. Flood control speci-
fications are needed on individual homesites , tract
developments and hillside building. Provisions shall
be made to retain natural drainage routes .
8. A p_ lanned program to establish adequate fire protection
services and the extension of fire fighting facilities
into other parts of the community shall be predicated
upon demands for such services. A study shall be
initiated to evaluate present and future fire protection
facilities in regard to land use.
9. Additional branch library space shall be programmed as
the corrmunity grows. Determination shall be made about
regional library facilities in Atascadero if such a
program is instituted.
10. School facility acc_uisition shall be programmed and
implemented before the needs arise. School locations
shall be aceuired generally in compliance with proposals
in this Plan.
11. Agencies administering schools and parks shall formulate
a program for joint use of facilities and work together
to attain school-park complexes with each new school
plant acquisition.
108 .
15
Minutes - Planning Commissioh�- -Marah 33, 1986
MOTION: Made by Commis er Hatc 1, seconded by Commissioner
Bond and carried un usly with a roll call vote to !
recommend approva of eral Plan Amendment 1L-86 as
recommended by aff.
3. General Plan Amendment 1M-86 :
Request initiated by the City of Atascadero to revise and up-
date the Public and Quasi-Public Services Element of the
City' s General Plan.
Henry Engen presented the staff report and noted that a segment of
the Educational Facilities section that identified potential
future long range school needs was updated with respect to schools
last year and would be retained. He noted that this amendment is
proposing to comprehensively rewrite the remainder of that section
to reflect the data changes and the fact and philosophy changes
that have occurred since the general plan was first drafted in the
late 19701s.
Commissioner Bond asked about the new location for the post offipe
with regard to needing an environmental impact report and conform-
ing to additional standards such as channelization and signals as
required by other developers. Mr. Engen explained that as a fed-
eral agency, they will have to go through an E.I .S. process, and
that they have been asked by the City to contribute towards traf-
fic lights and signalizations, and to do a traffic study which
will help the City in its planning. Discussion ensued on this
matter, and it was pointed out that since the post office is a
governmental agency, it is their discretion as to whether they
will comply with the City' s requirements.
Commissioner Michielssen commented on the State Hospital and felt
they should contribute towards the traffic signalization along
south E1 Camino Real.
Barbara Reiter , 10150 San Marcos Road, expressed concern with the
location for the new library and felt the site should be a cen-
trally located one. She stated that this library will be a beau-
tiful building and should be adequately sited. It was pointed out
that this building is under County jurisdiction.
Terrill Graham asked if the people in the ceast and desist areas
have to pay the new sewage hook-up fees or will they be able to
be admitted to the sewage systems under the old hook-up fees.
Mr. Engen responded that these areas are being studied now and
assessment hearings will be held to determine the costs involved
to have services provided.
Marge Mackey further explained that according to the report she
received, the ceast and desist areas would be assessed the old
fees.
Judy Young expressed concern with the section on nursing facili-
ties and had asked that the Commission leave this section as it is
stated in the 1980 General Plan. She stated that there is a great
4 `, ...
_Minutes - Planni: ng Commission-n~-_March 31, 1986
need for nursing homes and explained the procedures in applying
to the State Office of Health, Planning, and Development which
control the amount of certificates which will be issued. She
explained an application she has submitted to the City and would
hope that each nursing home could be judged on its own merits and
compatibility with the neighborhood. She further explained the
difficulties she would encounter with the updated language pro-
posed. Mr. Engen elaborated on this.
There was discussion concerning institutionalized uses and the
appropriate locations for these. It was noted that this section
should be looked at for future long-range nursing requests.
Mrs. Young felt that if this more restricted wording is adopted
and another project is submitted for senior citizen housing, how
can one refer back to the nursing home section and justify a
different recommendation since this specifically says "nursing
homes. "
Mr. Engen felt that a "persons-per-acre" language is a good way of
establishing impact on the land for special kinds of uses which
would include nursing homes. Further discussion ensued.
Mr. Engen suggested that in the last sentence of the "Nursing
Homes" section, that reference to "single family" be deleted from
the proposed language in the last sentence.
iMOTION: Made by Chairman LaPrade, seconded by Commissioner Bond
and carried unanimously with a roll call vote to
recommend approval of General Plan Amendment 1M-86 with
the suggested amendment to the section on nursing homes
and institutional uses.
hairman Laprade called a recess at 9 :01 p.m. Meeting convened
at :11 P.M.
4. Gen al Plan Amendment 1C-85 and Zone Chan 3-85 :
Reques initiated by ACOMA Corporation 11 Poe, represen-
tative) revise the existing Gene r Plan land use map and
zoning map m Low Density Single amily (RSF-Z) to Low Den-
sity Multiple ily (RMF-4) wi a Planned Development (PD)
overlay. Subjec roperty located at 8555 E1 Corte, also
known as Lots 1-10 , ck , Eaglet No. 2.
Mr. DeCamp presented the aff ort and noted a copy of the pro-
ject' s site plan and e vations wh h was distributed to the Com-
mission, and proc ded to summarize he background involved with
this application which had been continu from the previous gen-
eral plan c e at the applicant' s reques Items addressed in-
cluded sur nding uses, site design, and pub l services. It was
also po ' ed out that a significant portion of he site would
remai in open space, and the proposed master plan development
w explained.
n
5 `{
RESOLUTION NO. 49 -86
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO APPROVING GENERAL PLAN AMENDMENT
TO AMEND THE TEXT OF THE LAND USE ELEMENT OF
THE CITY'S GENERAL PLAN PERTAINING TO CHAPTER
VII "PUBLIC AND QUASI-PUBLIC SERVICES"
(GP 1M-86: CITY OF ATASCADERO)
WHEREAS, the City of Atascadero has grown considerably since in-
corporation; and
WHEREAS, the City' s general plan, which was prepared in the 1970 ' s
and adopted in 1980 to guide the City' s general growth is in need of
updating; and
WHEREAS, the City' s Planning Agency has initiated a general plan
amendment relative to public and quasi-public service facilities to
update that component of the general plan; and
WHEREAS, the City Planning Commission of the City of Atascadero
conducted a public hearing on subject matter on March 31, 1986 ; and
WHEREAS, Government Code Section 65323 provides that a general
plan be amended by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as follows:
1. The proposed general plan amendment recommended by the Plan-
ning Commission is consistent with the goals and policies of
the general plan by providing standards and direction for
the extent and location of selected public and quasi-public
uses.
2. The proposed general plan amendment will not have a signifi-
cant adverse effect on the environment, and preparation of an
Environmental Impact Report is not necessary.
Therefore, the Council of the City of Atascadero does resolve to
approve General Plan Amendment GP 1M-86 as follows:
1. Amendments to the text as shown on the attached Exhibit "A" .
On motion by and seconded by
the resolution was approved by the following roll call
vote:
AYES:
NOES:
ABSENT:
v t0
DATE ADOPTED:
CITY OF ATASCADERO
By
ROLFE D. NELSON, Mayor
ATTEST:
ROBERT M. JONES, City Clerk
APPROVED AS TO CONTENT:
MICHAEL SHELTON, City Manager
APPROVED AS TO FORM:
ROBERT M. JONES, City Attorney
PREPARED BY:
HENRY ENG4N, ComnQity Development Director
i
Y
•
M E M O R A N D U M
TO: City Council June 23, 1986
VIA: Michael Shelton, City Manager
FROM: Henry Engen, Community Development Director
SUBJECT: ZONE CHA14GE 19-86 : Zoning text ,changes rela-
tive to parking standards for multi-family
residential projects and handicapped parking
space signage.
BACKGROUND:
On June 9 , 1986, the City Council conducted a public ---
hearing on the above-referenced subject, approving the
request . At that time, a first reading of Ordinance
No. 136 was heard.
RECOMMENDATION:
A second reading of Ordinance No. 136 and formal adop-
tion of the Ordinance .
/ps
•
•
may be required in a visible location centered at the
front of the space or at entraces to the parking lot in
order to properly identify the spaces location or to in-
form of the existence of handicapped parking space (s) .
2. Section 9-4.118, Required Number of Parking Spaces, (c) (5)
Residential Uses, Multi-Family Dwellings is approved to read
as follows:
Parking _ Loading
Parking Spaces Lot Bay
Use Required Turnover Intens.
Multi-Family dwellings Residential Low N.A.
(including condomin- Parking:
iums and other at-
tached ownership 1 b.r. unit-1. 5 spaces
dwellings) 2 b.r. unit-2.0 spaces
each additional bed-
room -0.5 space
Guest Parking:
1 space per 5 units,
or fraction thereof
Section 3. Publication.
The City Clerk shall cause tis 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.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and ef-
fect at 12:01 a.m. on the 31st day after its passage.
The foregoing ordinance was introduced on and
adopted at a regular meeting of the City Council held on
AYES:
NOES:
ABSENT:
DATE ADOPTED:
CITY OF ATASCADERO, CALIFORNIA
BY:
ROLFE D. NELSON, Mayor
ATTEST:
ROBERT M. JONES, City Clerk
APPROVED AS TO CONTENT:
_K, _G4liz-__
MICHAEL SHELTON, City Manager
APPROVED AS TO FORM:
ROBERT M. JONES, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
i1f a /1//Glib I"-tA 7
M E M O R A N D U M
TO: City Council June 9, 1986
VIA: Michael Shelton, City Manager ki
FROM: Henry Engen, Community Development Director 11
SUBJECT: Zone Change 19-86
LOCATION: City-Wide
APPLICANT: City of Atascadero
REQUEST: Consideration of zoning text changes relative to parking
standards for multi-family residential projects and handi-
capped parking space signage.
BACKGROUND:
This request was considered by the Planning Commission at their meet-
ing held May 19, 1986 . There was public testimony and discussion by
the Commission concerning this matter as referenced in the attached
minutes excerpt.
RECOMMENDATION Planning Commission and Staff:
On a 6 :0 vote (with Commissioner Nolan absent) , the Planning Commis-
sion recommended approval of the zoning ordinance text change as out-
lined in attached Ordinance No. 136 .
PS:ps
ATTACHMENTS: Planning Commission Staff Report - May 19, 1986
Planning Commission Minutes Excerpt - May 19, 1986
Ordinance No. 136
City of Atascadero Item:-B-6
STAFF REPORT
FOR: Planning Commission Meeting Date: 5/19/86
BY: Henry Engen, Community Dev. Director File No: ZC 19-86
Project Address: City-Wide
SUBJECT:
Consideration of City-initiated zoning text changes relative to park-
ing standards for multi-family residential projects and handicapped
parking space signage.
BACKGROUND:
On November 27 , 1985, the City' s Traffic Committee (see attached min-
utes) reviewed off-street parking requirements for multi-family dwell-
ings and requested the Planning Commission to re-examine the standards
with a view to increasing the required number of parking spaces. At
the same time, they considered the question of whether free-standing
signs identifying handicapped spaces were always necessary. There had
been complaints of such signs cluttering access ways to retail estab-
lishments. Subsequently, the Planning Commision concurred that both
of these matters should be the subject of public hearings initiated by
the Commission.
ANALYSIS•
A) MULTI-FAMILY PARKING REQUIREMENTS:
The City of Atascadero' s parking requirements for multi-family
development are as follows: 1.5 spaces per unit plus parking for
guests on the basis of 1 space and 1 space for every 4 units or
fraction thereof. For the recently approved Bordeaux House pro-
ject, the original plans proposed a total of 700 parking spaces
for 400 two-bedroom units. In response to the concerns reflected
in the accompanying Traffic Committee minutes, the project was
ultimately approved requiring 800 parking spaces or 2 spaces per
unit. This standard is more consistent with requirements in other
communities which provide for a sliding scale of parking spaces
required based on the number of bedrooms contained within each
unit. The following are the off-street parking standards for mul-
tifamily housing in selected jurisdictions:
UNIT OF GOVERNMENT STANDARD
San Luis Obispo County 1 per one bedroom or studio unit
1. 5 per two-bedroom unit
2 per three or more bedroom units
plus guest parking at a ratio of
1 space plus 1 per 4 units
• •
UNIT OF GOVERNMENT STANDARD
San Luis Obispo City 1 space for studio units
1.5 spaces - first bedroom plus
1/2 space for each additional
bedroom with guest parking at the
ratio of one space per each 5
units
Paso Robles 1.5 spaces per one bedroom
2. 0 spaces per two bedroom
2.5 spaces per three-bedroom or
more
Grover City 1 garage space per studio
1 garage space plus l space per
one and two-bedroom units
1 garage space plus 1. 5 spaces
per unit over two bedroom units
We have on file a study entitled Municipal Parking Standards for 115
Selected California Cities prepared in August, 1984 which shows a
predominence of cities using a sliding scale standard keyed to number
of bedrooms for apartment projects. Further--except for high density
urban areas--requiring 2 spaces for 2 bedroom units is common. How-
ever, a majority of the ordinances do not add an additional require-
ment for guest parking.
The enclosed draft ordinance proposed parking at the following ratios:
Proposed Multi-family Parking 1.5 spaces per one-bedroom unit
Requirement 2. 0 spaces per two-bedroom unit
0.5 spaces per each additional
bedroom plus guest parking at
the ratio of 1 space per 5 units
or fraction thereof
This standard is slightly higher than those referenced above with the
standard strengthened for 2 and more bedroom unit developments. Fac-
tors arguing in favor of a stronger standard for off-street parking
for Atascadero include the lack of a fixed route bus system which
would alleviate the need for one car per adult per unit. Further,
there is a strong likelihood that eventually there will be no on-
street parking permitted along major thoroughfares such as E1 Camino
Real. A drive down any of the multi-family zoned streets in the City
such as Santa Ysabel, Olmeda, Palma, Tunitas and south E1 Camino Real
reveals numerous cases of cars parking on streets adjoining multi-
family areas. Frequently, the pavement width is not sufficient to
provide two clear traffic lanes plus on-street parking. There are
also cases where garages are being used for storage space, thus pre-
empting their use for parking and this has added to the problem..
• 0
It should also be noted that increasing the parking requirement for
2 and more bedroom units will reduce the likely number of units that
could be developed on a given site.
B) HANDICAPPED ACCESS SPACES
As noted in the meeting of the Traffic Committee, Officer Sims
of the Atascadero Police Department indicated that the state law
had changed to make it discretionary to identify handicapped ac-
cess parking spaces by both a freestanding sign and a template on
the parking space itself. (A copy of this section from the Vehicle
Code is attached. ) In further discussions with the Atascadero
Police Department, however, they note that the posting of a proper
sign enables them to have cars towed away. Practice heretofore
has been simply to cite the cars a $50 fine. Hence, under the
terms of the Vehicle Code, the City has the discretion to simply
require a template on the parking space.
Title 24 of the California Administrative Code, had provided con-
tradictory standards to that in the Vehicle Code (see attached
excerpt) . This statute requires that "Each parking space reserved
for the handicapped shall be identified by permanently affixed
reflectorized sign constructed of porcelain on steel. . . . " Contact
was made with the State agency responsible for handicapped access,
and we were advised that new legislation has provided that the
Vehicle Code takes precedence. Hence, the attached ordinance
draft proposes to give discretion in the matter of mandating free-
standing signs.
RECOMMENDATION:
Recommend approval of the attached draft ordinance increasing parking
requirements for multi-family developments and making handicapped
signage requirements more flexible.
HE:ps
ATTACHMENTS : Traffic Committee Minutes Excerpt - 11/27/85
Zoning Excerpt - Handicapped Parking Requirements
Vehicle Code Excerpt
California Administrative Code Excerpt
Draft Ordinance
r�=
Not t thisoint Deidra Cas
P parian left the meeting.
r. Sight nce at all intersections t 20 ' minimum
No Parking. advised that minimum required sight
distance should be 1 as speed increases. Officer
Sims said he beli there an ordinance precluding
parking wit ' feet of crosswa Committee consensus
was t ort back if this is not the ca Zssuming it
the standard will be implemented by the Pu orks
Department.
Z. Off-street parking requirement - Especially Multi-Faimily
Engen expressed his concern that the City parking standards
for multi-family areas are insufficient as witnessed by
the number of cars that seemed to be parking on streets
adjacent to the project.
Barbara Dickerson advised that people are using garage
parking to store household goods and parking ratio is
insufficient for their project, contrary to what the EIR_
for the Bordeaux House Apartment project contends. Engen
also cited a survey of 114 cities in California together
with a survey of all the communities in San Luis Obispo
County which puts the city standard of 1. 5 spaces per unit
regardless of bedroom count and one space for every 4 units
for guests as evidence of the insufficiency of city
standards With respect to the Bordeaux House project,
they are proposing a 400 unit project with 700 parking
spaces. The City of Paso Robles, for a 400 unit project
by the same developer , has required 900 spaces. Following
discussion, a motion was made by Nori and seconded by
Heath and carried unanamousl to E�'Lef
Y the Planning �
Commission to re-examine standards with a view to
establishing parking requirements based on the number of
bedrooms per unit looking to a minimum of no less than
2 spaces per unit plus guest parking. Motion made by
Heath and seconded by Norris and carried unanimously to
consider requiring a separate area for storage of RV' s and
boats.
ii. Elimination of Handicapped Signs - Except under Certain
Conal ions.
Engen advised that they brought this matter to the committee
to raise the question as to whether free-standing signs
identifying handicapped parking spaces are necessary in view
of the placement of the handicapped templet on the parking
space itself. Norris and Heath advised of their experience
with handicapped citizens and their families and felt that
the sign was not necessary. Officer Sims indicated that
the state law has been changed to make it an either/or
situation. Following discussion , a motion was made by Sims
and seconded by Norris and carried by unanimous vote to
recommend a Planning Commission amendment to the City
i
Zoning Ordinance to mandate painted template with the dis-
cretion given to the planning staff as to whether the sign
would also be needed for properly identifying the location.
man Sensibaugh indicated that the next meeti fall
on Christmas Ztari he would like to finish_of-ۥteems on the agenda
which can't be handled to t ' n- w-as to establish the next
meeting of the TrafficSa, mit dnesday, December 11th
at 3:15 P.M.-IM-RCRIM304. An additonal agenda 1 e e the
L.ga 'nq" d U-Hauls across the street from Atascadero Rental.
Meeting adjourned at 5: 00 p.m.
Respectfully Submitted
Henry Engen,
Acting Secretary
A
ADOPTED JUNE 27, 1983
rc cle Parkin Lots with 20 or more spac re-
place r aces with motorcycle at a ratio of
one motorcycle spa spaces. Motorcycle spaces
shall be a minim of t ix feet. Motorcycle
space a designated by painting "motorcycle' ,
similar, on the surface of the s ace.
(c) Handicapped Parking: All parking lots, except for single
family residential parking, shall include handicapped parking
as follows, provided that these spaces may be included as
part of the total spaces required.
(1) One handicapped space for each 40 spaces or fraction
yam- ✓iota/620 thereof for the first 160 spaces, with one handicapped
space for the next 140 parking spaces and with one for
each 100 spaces beyond that.
(2) Handicapped parking spaces shall be "9 by 18 feet in size
with a 5 foot access allowing room for handicapped per-
sons to enter and exit a vehicle onto a level surface
suitable for wheelchairs and assisted parking. The
aisle width shall be the same as required for a standard
space.
(3) Handicapped spaces shall be located nearest to the main
pedestrian access point from the parking area to the
building or use served by the parking and shall be de-
signed such that persons using wheelchairs or assisted
parking are not compelled to pass behind parked cars.
(4) Handicapped spaces shall be designated by painting blue
striping or markings including the International Symbol
of Accessibility, which shall be at least three by three
feet in size, on the surface of the stall, and by plac-
ing a 70 square inch sign, with the International Symbol
of Accessibility, which may include the towaway provi-
sion, in a visible location centered at the front of the
space.
Bic cle S aces:- Lots with 20 or more spaces may substit
Z-bicycle rack providing space for at least five bic es at
a ra of one bicycle rack for each 20 spaces. is recom
mended t all shopping centers provide som icycle spaces
in the proje
(e) Parking District: ling requi ents may be modified
within a parking distric h the district provides ade-
quate parking within the m of the district and the park-
ing requirements of ew use ar ccommodated by the parkin
district.
(f) Shared On;" to Parking Adjustment: Where t or more non-
residon a single site, the numbe f parking 40
�p'aces may be reduced through adjustment (Section .9- 12)
at a rate of five percent for each separate use, up to a
4-10 ,,;
ADOPTED JUNE 27, 1983
(v) Chimneys no more than 100 feet in height located in
the CPK, IP and I zones and all other chimneys and
roof vents extending no more than two feet above
the height limit specified in Subsection (a) of
this Section.
(vi) Industrial towers, non-portable equipment and other
uninhabited structures no more than 60 feet in
height located in the CPK, IP and I Zones.
(vii) All portable construction equipment.
(viii) Public utility poles and structures for providing
electrical and communications services.
(ix) Solar collectors not more than five feet above the
height limit specified in Subsection (a) of this
Section.
(x) Satellite receiving and similar communication
dishes and devices in commercial and industrial
zones, when no more than 10 feet above the maximum
height in the zone.
9-4.114.. Parking and Loading: Parking and loading standards are
intended to: Minimize street congestion and traffic hazards; provide
safe and convenient access to businesses, public services, and places
of public assembly; and to make the appearance of parking areas more
compatible with surrounding land uses. Parking and loading standards
are in the following sections:
9-4.115 Off-Street Parking Required
9-4.116 Location of Parking on a Site
9-4.117 Parking Design Standards
9-4.118 Required Number of Parking Spaces
9-4.119 Parking Lot Construction Standards
9-4.120 Off-Site Parking
9-4.121 Off-Street Loading Requirements
9-4.122 Drive-In and Drive-Through Facilities
9-4.123 Driveway Standards for Single Family Residential Uses
9-4. 115. Off-Street Parking Required: All uses requiring an
entitlement shall be provided off-street parking as set forth in this
Section, except parking lots in the following situations:
(a) Compact Car Spaces: Lots with 20 or more spaces may sub-
stitute compact car spaces for up to 20% of the total number
of spaces. Compact car spaces shall be a minimum of eight
by fourteen feet in size. Compact spaces shall be desig-
nated by painting the word "compact" or similar , on the sur-
face of the space.
4-9
t �
Div. 11 Div. 11 —355— § 22511.7
ovisions of subdivision (a) shall also ny person w o has lUsf,or has lost the use or,one or more lower extremitie
:d of+'{Teet parking facility ( )2. r�'both hands,or who has significant limitation in the use of lower extremities, r
2. has a diagnosed disease or disorder which substantially impairsorinterf es
at to Int(s)indicated deleted the following: wmobility,or who is so severely disabled as to be unable to move witho the
or resolution" aid cif an assistant device.
(2) ny person who is blind to such an extent that the person's cen visual
acuity oes not exceed 201200 in the better eye, with corrective enses, as
1 parking meter zones or fix the rate measure& by the Snellen-test,or visual acuity that is greater than 201 ,but with
Irl ordinance establishing a parking a limitatio in the field of vision such that the widest diameter of t visual field
auld be included within the zone. subtends an gle not greater than 20 degrees.
streets and highways to be marked (3) Any pe'%e )iratory
who suffers from lung disease to such an exte that his forced
and require vehicles to park within (respiratory) volume one second when measured b spirometry is less
than one liter s arterial oxygen tension (p02) is less than mm/Hg on room
ority pursuant to this section with air ) rest.
'ective until the proposed ordinance (4) An person w o is impaired by cardiovascular dise to the extent that his
writing by the Department of functional limitations ' e classified in severity as class II or class IV according to
.11 be submitted to the department standards accepted by e American'Heart Associatio
ad the proposed ordinance shall be (b) Disabled persons s all be allowed to park for limited periods in parking
zones restricted as to the 1 tgth of time parking is p mitted and shall be allowed
action establishing a parking meter I to park in any metered par space without bei g required to pay any parking
hall be subject to local referendum meter fees. This section shave no applicat' n.to those zones in which the
'lance dealt with a matter of urea stopping,parking,or standing all vehicles i rohibited or which are reserved
purely for special types of vehicles.
(c) As a condition to this privi e, the ehicle shall display a distinguishing
license plate which shall be issued fo a v icle registered to the disabled person,
or a vehicle which is not registered a disabled person, but which is used
primarily to transport a disabled perso d which would otherwise qualify.for a
! distinguishing license plate if the ve ' le ,ere registered to the disabled person.,
able exercise of their police powers
ce or resolution providing that no The distinguishing licenseplates 1 be ued without additional fees by the
>f,a motor vehicle shall permit it to Department of Motor Vehicle pursuan to procedures adopted by the
on any grade exceeding 3 percent I department. g
it blocking the wheels of the vehicle (d) Any disabled person,or hicle owner as rovided in subdivision (c) of this
means. section, may also apply to t pepartment of for Vehicles for issuance of a
distinguishing placard for rking purposes when isplayed on the driver's side(
dashboard of a vehicle. T placard shall be at leas ix inches by twelve inches
'ed rr-now by snowplows, and the in size and blue in colo
f'conditions,the Department The Department of otor Vehicles may establish pr edures for the issuance
a al authorities,in respect to of such placards.yThng epartment of Motor Vehicles ma harge a fee sufficient
d : : ._stain signs indicating those to pay the actual to the department for issuance of p cards.ther or both sides of the highways. (e) Prior to issa disabled person plate or placard,the partment of Motor
ny vehicle within the areas marked Vehicles may re ire a certificate,signed by a licensed physici or surgeon.The
.pt when necessary to avoid conflict blindness of a person applying shall be certified by a licen d physician or
ections of a traffic or peace officer. sur eon who pecializes in diseases of the eye or a licensed opto etrist.
Aper n who is temporarily disabled for a period of less than a year,may
apply for placard as prescribed in subdivision (d) of this section.
Added 716,Stats. 1959.Effective Sept.18,1959.
Amen d Ch. 1184,Stats. 1961.Effective Sept. 15,1961.
n of this code, any veteran, who is Ame ed Ch.378,Stats.1970.Effective Nov.23,1970.
1 in Section 9105 of this code and Am ded Ch.723,Stats. 1972.Effective Mar.7,1973.
Code, shall be allowed to ark in ended Ch.234,Stats.1974.Effective Jan. 1,1975.
p ended Ch. 1097,Stats.1976:Effective January 1,1977.
any metered parking space without Amended Ch.649,Stats. 1977.Effective January 1, 1978.Operative July 1,1978.Supersedes Ch. 7.
This section shall not be construed, Repealed and added Ch.457,Stats.1978.Effective January 1,1979.Supersedes Ch.380.
nding of a vehicle at the times and Amended Ch.261,Stats.1980.Effective anua 1 1981.
A vehicles is prohibited absolutely �
Designs/ion of Parking for Disabled Persons and Veterans
22511.7. Local authorities may by ordinance or resolution designate parking
spaces for the exclusive use of vehicles which display a distinguishing license plate
or a placard issued pursuant to Section 22511.5 or to disabled veterans,as specified
in Section 9105.Whenever a local authority so designates a parking space,It shall
be indicated by blue paint on the curb or edge of the paved portion of the street
adjacent to the space. In addition to blue paint, the space may also be indicate
by signs or other suita6Te means.
$ t
4
,F.
i e-r
§ 22511.8 —356— Div. 11
'Div:`i1
The provisions of this section shall.not be construed to restrict the privilege no crossing at grade unless the tow
granted to disabled veterans by Section 22511 and to disabled persons by Section
22511.5. to a disabled vehicle.
Added Ch.688,Stats.1975.Effective January 1,1976. Amended Ch.441,Stats.1967.Effective No,
Amended Ch.1096,Stats.1976.Effective January 1,1977. Fire Hydrants
Removal of Unauthorised Vehicles from Disabled Person's 22514. No person shall stop park
Designated Parking Areas of a fire hydrant except when local at
22511.8. Any local authority, by ordinance or resolution, and any person in ' or markings,and except when such
lawful possession of an offstreet parking facility may designate stalls or spaces in is seated in the front seat and who c
an offstreet parking facility owned oroperated by the local authority or person for necessity.This section shall not appl:
the exclusive use of vehicles which display a distinguishing license plate or a by a fire department and clearly m
placard issued pursuant to Section 22511.5 or to disabled veterans,as specified in Amended Ch.1615,Stats.1961.EffectiYe Se
Section 9105.Such designation shall be made by posting immediately adjacent to, Unattended Vehicles
and visible from, each stall or space, a sign consisting of a profile view of a + 5.. No person driving,or in c
wheelchair with occupant in white on a blue background. 2251
I to stand on any highway u
The owner or person in lawful possession of an offstreet parking facility, after er 51 brakes thereon and stopping the m
notifying the police or sheriff's department, as the case may be, and any local
authority owning or operating an offstreet parking facility,may cause the removal, Locked Vehicle
from a stall or space designated for physically handicapped persons in such facility I 22516. No person shall sta
to the nearest public garage,of any vehicle not displaying one of the distinguishing person who cannot readilpe '.
placards or license plates specified in this section if there is posted immediately
adjacent to, and visible from, such stall or space, or, if there is posted, in a Opening and Closing Doors
conspicuous place at each entrance to the offstreet parking facility,not less than 22517. No person shall open th
17 by 22 inches in size with lettering not less than one inch in height,a sign which moving traffic unless it is reasona
clearly and conspicuously states the following:•"Unauthorized vehicles not interfering with the movement of
displaying distinguishing placards or license plates issued for physically ? open upon the side of a vehicle av
handicapped persons will be towed away at owner's expense.Towed vehicles may longer than necessary to load or ur
be reclaimed at Amended Ch.162,Stats.1961 Effective Se
or by telephoning f
(Address) (Telephone number of local law enforcement agency) I Regulation of Offstreet Parking
The provisions of this section shall not be construed to restrict the privilege 22519. Local authorities may b,
granted to disabled veterans by Section 22511 and to disabled persons by Section regulate the parking, stopping or
22511.5. facility which it owns or operates.N
Added Ch.688,Stats.1975.Effective January 1,1976. signs giving notice thereof have bE
Amended Ch.1096,Stats.1976.Effective January 1,1977. Added Ch.1486,Stats:1959.Effective Sep';
%ity Vehicles Stopping on freeway
Except as otherwise indicated in subdivision (b),none of the fo win 22520. No person shall stop,park
provisi shall apply to the driver or owner of any service vehicle ned or which has full control of access an,
operated or for or operated under contract with a utility or lic utility, (a) When necessary to avoid ini
whether priv ly, municipally, or publicly owned, used in construction, (b) When required by law or in
operation,remov or repair of utility or public utility pro
co or facilities,when control device.
the vehicle is stop p standing, or parked at the site,of work involving the (c) Any person actually engagge
construction,operation, oval,or repair of such utili p utility property or any employee of a publ
P mor public utilit
or facilities upon,in,over�r,or adjacent to a highway,or of a vehicle,whether of official duties.
privately, municipally, or pub tcly owned, engaged in authorized work on the (d) Any vehicle which is so disa
highway,and warning devices are"dis layed stopping and any vehicle which 1
(a) Sections 21112,21707,21708, 24605,25253,25300,27700,27907, and vehicle or person, including a vel
1 41102. fy assistance,which has been summon
I (b) This chapter, except Sectionsr`22507, 09, 22511, 22515, and 22517. of a placard or sign given to the d
(c) Chapter 10 (commend gwith Section 0). the specific purpose of summoning
Amended Ch.618,Stats. 1972.Effective Mar.7,1973. donor.
Amended Ch.545,Stats. 1974-Effective Jan.1,1975. (e) In locations where stopping
Amended Ch.391,Stats198d. .Effective January 1,1681. provided, however, that m
Tow Cars /° '-: provided with shoulders o cies
22513. Thwowner or operator of a tow car who complies with th equirements with the normal moveme traf
of this correlating to tow cars may stop or park such tow car upo highway fast lanes to reach the bus stop.
vi for theurpose of-rendering assistance to a disabled vehicle, except t such (f) Any person reporting a traf
person may not stop or park upon a freeway which has full control of acces d peace officer or any person specifie
r of an emergency telephone or sin
l
1
2-7102(e) Cont'd
. .Unauthorized vehicles not displaying distinguisning placards or
license plates issued for physically handicapped persons may be towed
array at owner' s expense. Towed vehicles may be reclaimed at
or by telephoning
In addition to the above requirements, the surface of each parking
place shall have a surface identification duplicating the symbol of
accessibility in blue paint, at least 3 ft. sq. (0.2181 m s2 ) .
What is considered equal to porcelain or steel with beaded text and what color
Of blue is correct?
Painted metal signs are acceptable whether they are steep, aZuminwzt, or
whatever. Blue paint for the symbol of accessibility and curb markings should
match color No. 15090 in the Federal Standard 595A as specified in
Section 2-1720 of the regulations (similar to Royal Blue).
Parking Structures. Entrances. to and vertical clearanc
within parking structures shall have a minimum vertical clearanc of
ft 2-in (2.4384 m 50.8 mm) where required for accessibili t
hahOicapped parking spaces.
EXCE >ION N0. 1: Where the enforcing agency determ' es tha
compli �,,ce with Section 2-7102(f) would create an reasonabl
hardship; an exception may be granted, when equivalen faciiitatio
is provide
Why do I need to pride such high clearance you ask?
any wheelchair users ve sitting in their wheelchair,,a' This usually
ecessitates an extremely ZZ van with a hydraulic t to accommodate the
heeZchair user. Surveys doe during the public he ' ng process of these
tgulations produced evidenceNthat eight foot twolin.fact is not tall enough
or some of these types of vans\but accommodated a significant number of them.
Now may I provide equivalent facili tion?
I covered accessible space outside the king structure no farther from the
,acilities served than the main struct rei' considered equivalent
acilitation; another alternative i "to proe all the disabled parking
paces on the first floor of the parking structure in this way only the first
Zoor would have to comply with the eight foot two height requirement.
these exceptions mean I n't have to plan for ac asible parking inside my
rking structure.
No! The application o Veither of these exemptions to th 8' 2" height ,
requirement will not exempt you from providing accessible Nuking under the
requirements of Section 2-7102(a).
The provisions of the exceptions to structure height requirement4�,,was never
intended to totally eliminate accessible spaces inside the structure. Manyi
not most disabled drivers do not vans. In fact, the mziority o,
persons who must transfer to a zA_e c zr zve standard passenger carfiti cars
which can- enter the conventional height parking structure. However, in order
for these individuals to be able to park, space for loading and unloading
g4jacent to the auto space is z�eQui.red.�
2-7102(c) Cont'd
t za the required s ope for Mae ramps and are handrails also required?
The length should be such that a level area is provided at the car door
and t slope should not exceed 8.33% (1 and 12). Side slopes are acceptable
at one a eight. Handrails are not required.
This typical ception allows an exception to the general regulations
providing equiv ent facilitation is provided. However, an unreasonable
hardship must be termined in order to use this exception. See 2-422(c) for
the definition of u easonable hardship.
EXCEPTION NO. 2: Where the enforcing agency determines tna
compliance with any regulation of this subsection would create a '
unreasonable hardship, variance or waiver may be granted, whe
equivalent facilitation is rovided.
EXCEPTION NO. 3: Park spaces may be provided which woul
require a physically handic ed person to wheel or walk behind
other than handicapped parks spaces when the enforcing agenc,
determines that compliance with these regulations or providing
equivalent facilitation would crea an unreasonable hardship. Se
Section 2-105(b)110.
People with disabilities often can't move quickly, ople in wheelchairs are
very difficult to see in parking lots, therefore, have this requirement.
If this exception is to be granted, then it is requir that it receive
concurrence of the local enforcing authorities Appeals rd.
(d) Slope of Parking Space. Surface slopes of parks spaces fo
the physically handicapped shall be the minimus pos 'ble and shal
not exceed 1/4 -in (6.35 mm) per foot (2.083% gradi t) in an
t
direction.
Cross aZopes are very difficult for, those using wheelchairs and often very
dangerous for people using walkers or canes.
(e) Identification. Each parking space reserved for the
handicapped shall be identified by a permanently
ref 1ectorized n- constructed of porcelain on steel , beaded text,
or ua �s a in e IFterna lonaThe
sign shallnot be smaller than 0-in s2 0.0452 mmi s2 ) in area
and shall be centered at the interior end of the parking space at a
minimum height of 80-in (2,032 mm) .from the bottom of the sign to
the parking space finished grade, or centered on the wall at the
interior end of the parking space at a minimum height of 36-in
(914.4 mm) from the parking space finished grade, ground, or
sidewalk.
A sign shall also be posted, in a conspicuous place, at each entrance
to the off-street parking facility, not less than 11-in x 22-in (431.8 x
558.8 am) in size with lettering not less than 1-in (25.4 mm) in height,
which clearly and conspicuously states the following:
-153-
Minutes - Planning Commission - May 19, 1986_
Discussion ensued among the Commission concerning issues rela ed
to this project including Amapoa' s present road condition, d ain-
age improvements and the appropriateness of bonding or de erring
t e road improvements at this time. Commission consensus was to
urg the expeditious improvement of Amapoa.
MOTION: Made by Commissioner Michielssen, seconded by Commis-
Toner Bond and carried unanimously to a rove Tentative
Pa cel Map 11-86 subject to the find' gs and conditions
cont ined in the staff report.
5. Tentative Par 1 Map 12-86 :
Request submitte by Paul Washbu (North Coast Engineering)
to allow creatio of four res' ential air-space condominums.
Subject property is ocated 8615/8635 Amapoa, also known
as Lot 35 of Block DC.
Mr. DeCamp presented the s f report recommending conditional
approval of the project.
Paul Washburn, applic t, appeared a indicated his concurrence
with the recommenda 'on.
Commissioner Kid ell asked what procedures the Commission could
. follow to ad ess their concerns over Amap being paved at this
time to the gineering Department. Mr . Engen oted that he would
send a tra mittal to the Public Works Departmen conveying this
request.
MOTI Made by Commissioner Bond, seconded by Co issioner
Kidwell and carried unanimously to approve Tent tive Par-
cel Map 12-86 subject to the findings and conditi s con-
tained in the staff report.
6. Zoning Ordinance Text Amendment 19-86 :
Request initiated by the City of Atascadero to consider zon-
ing text changes relative to parking standards for multifam-
ily residential projects and handicapped parking space
signage.
Mr. Engen presented the staff report summarizing the background
involved with the initiation of this request.
Chairman LaPrade felt that an excellent job had been done in prep-
aration of the staff report adding that shortage of parking for
multi-family projects has been a problem for the City for many
years.
Commissioner Bond felt that two spaces for each one-bedroom unit
should be required. Commissioner Kidwell concurred.
Mr. Engen added that although it is recommended for 1. 5 spaces for
each one-bedroom unit, the required spaces have been increased for
5 /a.
Minutes - Planning Commission - May 19, 1986
two- and three-bedroom units which will provide a higher standard
overall.
Bill Davis, area resident, stated he has built apartment projects
and noted that the number of units that are allowed on a lot is
also determined by the number of parking spaces. Sometimes, a
project will not be feasible if too many parking spaces are
required.
Debbie Kankiewicz, area resident, agreed that two spaces for one-
bedroom units should be required.
Commissioner Kidwell asked what would happen when the law is
changed to prohibit on-street parking. Mr. Engen responded.
Commissioner Michielssen agreed with the recommendation and felt
that if the requirements are increased much more, it will make it
more restrictive. He stated that it is not just the parking space
being increased, but also the land involved with back-up space,
landscaping space, etc. Chairman LaPrade added that it is the
responsibility of the landlord or homeowners association to
enforce the parking requirements.
Further discussion ensued.
MOTION: Made by Commissioner Michielssen, seconded by Commis-
sioner Hatchell and carried unanimously to recommend ap-
proval of Zone Change 19-86 as reflected in the staff
report.
C. LIC COMMENT
Theres no public comment at this time.
D. INDIVIDUAL ACTIO AND/OR DETERMINATION
1. Planning Commiss' n
Commissioner Michielssen w' hed go on record to refute some
comments made by City Counc ' candidate, Terrill Graham and pro-
ceeded to briefly elaborate n ese comments.
Commissioner Hatchell a ressed conc n that it would be helpful
to have a represent ive from the Publ' Works Department present
at the Commission etings in order to an er engineering inquir-
ies raised by a Commission. Mr . Engen r ponded that a trans-
mittal will be orwarded to the Department to t s effect.
j ' AG77 0A
MEMORANDUM
TO: City Council
THROUGH: Mike Shelton, City Manager
FROM: Paul Sensibaugh, Director of Public Works
SUBJECT: Cease Desist Areas C & E (Separado/Cayucos Assessment Dist. )
DATE: Juni 17, 1986
Recommendation:
Staff recommends that Council adjourn to a special study
session on Monday, June 30, 1986 to discuss the proposed Cease
and Desist assessment district.
Background:
The Resolution of Intent was scheduled for the June 23rd
agenda, however, staff would like to present Council with more
detailed information on the cost of the project and the spread of
• assessments prior to passage of the Resolution of Intent. Once
the Resolution of Intention is passed there is a series of
notices and scheduled Public Hearings, as well as postings, that
need to happen prior to the acceptance of the assessments and the
sale of bonds.
Discussion:
The study session will be open to the public with the
courtesy notice going to all those owners in the proposed dis-
trict that we can reach through normal noticing procedures,
namely the ammended tax roll information. Additionally, the en-
trance to all streets in the areas will be posted to advertise
the meeting. The news media will be contacted fot.their help.
It is planned to have a representative from the Regional
Water Quality Control Board to explain the Cease and Desist Order
and the penalties associated therewith. Bill Straw and/or Kathy
Williams from Pacific Security, bond underwriters, will be des-
cribing the bonding procedures, and either Carlo Fowler or
Antonia Dolar of Orrick, Herrington & Sutcliff will be describing
the legal ramifications and deadlines.
John Wallace, consulting engineer will be describing the
final boundaries and the engineer' s estimate and assessment
spread.
Council will have the option at the end of the meeting to
allow or not allow questions. This will not be a public hearing
only a work session.
• M E M O R A N D U M
TO: City Council June 23, 1986
VIA: Michael Shelton, City Manager
FROM: Henry Engen, Community Development Director
Cindy Wilkins, Deputy City Clerk
SUBJECT: Planning Commission Vacancies
BACKGROUND:
As per Resolution No. 37-85 (copy attached) , the terms of Planning
Commissioners Thomas Hatchell, Nellie Kennedy, and Wayne LaPrade are
due to expire on August 1, 1986 .
ACTION REQUESTED:
It is requested that the City Clerk' s office be directed to publish
• notice of vacancies on the Planning Commission and that the Council
set July 28, 1986 as a date for making Commission appointments.
As a matter of course, the City Clerk would draft letters to the three
incumbent commissioners whose terms are due to expire to determine
their interest in re-appointment.
HE:ps
Enclosure: Resolution No. 37-85
Revised Ordinance No. 101
•
Resolution No. 37-85
ADOPTED: May 13 , 1985
By
� ROLFE 14ELSPN, M yor
)` City of Atascadero, California
i
ATTEST
ROBERT M. JONES, ity Clerk
APPROVED AS TO FORM:
ALLEN GRIMES, City Attorney
APPROVED AS TO CONTENT:
MICHAEL SHELTON, City Manager
PREPARED BY:
HENRY ENgEN, Plan ing Director
2 ` r
Y��
REVISED
ORDINANCE NO 101
AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING CHAPTER 9 OF TITLE 2 OF THE
ATASCADERO MUNICIPAL CODE RELATING TO THE PLANNING
COMMISSION AND AMENDING CHAPTER 13 OF TITLE 2 OF
TRE ATASCADERO MUNICIPAL CODE RELATING TO THE
_. RECREATION COMMISSION AND DECLARING THE URGENCY
The Council of the City of Atascadero does ordain as follows:
Section 1. Sections 2-9.01 through 2-9.07 of Chapter 9 of Title 2
of the Atascadero Municipal Code, relating to the Planning Commission,
are hereby repealed.
Section 2 . Chapter 9 (Reorganized) is added to Title 2 of the
Atascadero Municipal Code, relating to the Planning Commission, to
read as follows:
CHAPTER 9. PLANNING COMMISSION (Reorganized)
Sec. 2-9.01. Creation: Composition.
There is created a Planning Commission for the City which
shall consist of seven (7) members who shall not be officials
or employees of the City, but who shall be residents of the
City. -
Sec. 2-9.02 . Members: Appointment: Terms of office.
The City Council shall appoint the members of the Plan-
ning Commission. Three (3) members shall be appointed for
terms which shall expire on August 1, 1986. Four (4) members
shall be appointed for terms which shall expire on August 1,
1988. Thereafter, all terms shall be for four (4) years and
shall expire four (4) years after August l of the date of the
appointment, except those appointments made after the commence-
ment of the term to fill a vacancy or removal, in which case
the term of office shall be for the balance of the unexpired
term.
Sec. 2-9.03 . Absence om m t Ru
on City Council .
Absence of a er of the Planni mmission from three
(3) consecutive meeting fr our (4) meetings during a
calendar year, without fo c t of the Planning Commis-
sion noted in its ial minutes, s be reported by the
the Plannin ctor to the City Council for ideration of
remov om office. If a member of the Planning ssion
f ' s for election as a member of any elective City of
,
-1- AG:fr/3/29/85
n ;�
ORDINANCE NO. 101
Page 2
' s term as Planning Commissioner shall terminate as of t
da of filing.
2- 04 . Members: Removal from office.
A me er of the Planning Commission may be oved by a
majority vot of all of the members of the Counc '
Sec. 2-9.05 . Vacancies.
A vacancy on th Planning Commissi occurring by death,
resignation, removal, any other cau before the expiration
of the term of the mem b shall be filled by appointment for
the unexpired term by the uncil.
Sec. 2-9.06 . Expenses.
Planning Commissionm ers s 11 be entitled to remunera-
tion for expenses in acc ance with he procedure approved by
resolution of the Coun
Sec. 2-9.07 . owers. duties, d f .
The power duties, and functions of the anning Commis-
sion shall all those powers, duties, and nctions of a
Planning Co ission and Board of Zoning Adjustment s provided
in Chapt s 3 and 4 of Title 7, commencing with Sec 'on 65100
of the overnment Code of the State (the Planning an Zoning
Law) , s the same may be hereafter amended. The Plannin Com-
mis on shall perform such other duties and functions as ay
b directed or designated by the Council not inconsistent wi
tate law_
Sec. 2-9.08. Chairman: Rules• Records and meetings.
As of August 1 annually, or as soon thereafter as is fea-
sible, the Planning Commission shall elect a chairman and a
vice chairman from among its members, shall adopt rules for
the transaction of business, shall keep a public record of its
resolutions, transactions, findings, and determinations, and
shall hold at least one (1) regular meeting each month.
Section 3 . Sections 2-13 .01 through 2-13.12 of Chapter 13 of
Title 2 of the Atascadero Municipal Code, relating to the Parks and
Recreation Advisory Board, are hereby repealed.
Section 4 . Chapter 13 (Reorganized) is added to Title 2 of the
Atascadero Municipal Code, relating to the Parks and Recreation Com-
mission, to read as follows:
t
0
M E M 0 R A N D U Mr„
-t
TO: CITY MANAGER MIKE SHELTON AND COUNCIL MEMBERS
FROM: CHIEF OF POLICE
SUBJECT: EMERGENCY PREPAREDNESS ORDINANCE AND ASSOCIATED
RESOLUTIONS
DATE: JUNE 13, 1986
RECOMMENDATION:
It is recommended that Council adopt Ordinance No. 135 and
Resolutions 5886 and 5986 relating to city emergency organizations
and functions.
COUNCIL ACTION REQUESTED:
Enact Ordinance No. 135; adopt Resolutions 5886 and 5986.
BACKGROUND:
The City of Atascadero does not, at this time, have a formalized
ordinance which identifies the City Office of Emergency Services
and functions thereof. The Government Code provides that cities
may establish ordinances and resolutions addressing emergency
• planning, and the attached documents have been prepared by
Sergeant Jon Lovgren in keeping with the recommended State of
California Office of Emergency Services formats. (City Attorney
Robert M. Jones has reviewed, modified and approved the materials
as attached. )
It should be noted that while this ordinance addresses such
matters as disaster council membership, powers, duties, emergency
organization expenditures, etc. , it does not specify actual
emergency procedural responsibilities for city employees to
follow. This ordinance, however, is the springboard from which
the newly revised procedural emergency plan shall emerge, and
it is anticipated that a completed first draft will be ready
for staff review on October 1, 1986 .
FISCAL IMPACT:
The adoption of this ordinance and resolutions will have no fiscal
impact upon the City and should a major emergency occur, we will
have a more systematic program of response which will result in
improved service to our residents.
zo---
RICHARD H. McHALE
• RHM: sb
CHAPTER 4
EMERGENCY ORGANIZATIONS AND FUNCTIONS
SECTIONS 4-4 . 01 Title
4-4 . 02 Purpose
4-4 . 03 Definition
4-4 . 04 Disaster Council Membership
4-4. 05 Disaster Council Powers and Duties
4-4 . 006 Director and Assistant Director of Emergency
Services
4-4 . 07 Powers and Duties of the Director and Assistant
Director of Emergency Services
4-4 . 0.8 Emergency Organization-
4-4. 09
rganization4-4. 09 Emergency Plan
4-4 . 10 Expenditures
4-4 . 11 punishment and Violations
4-4 . 12 Effective Date
4-4 . 13 Severability
0
SECTION 4-4 . 01 : TITLE
This Chapter shall be known_ and may be cited as the "Emergency
Organization Ordinance of Atascadero" .
SECTION 4-4. 02 : PURPOSE
The declared purpose of this ordinance is to provide for the
preparation and carrying out of plans for the protection of persons
and property within this City in the event of an emergency; the di-
rection of the emergency organization; and the coordination of the
emergency functions of this City with all other public agencies ,
corporations , organizations , and affected private persons .
SECTION 4-4 . 03 : DEFINITION
As used in this ordinance , "emergency" scall mean the actual or
threatened existence of conditions of disaster or of extreme perm to
the safety of persons and property within the City of Atascadero caused
by such conditions as air pollution, fire , flood , storm, epi-lemic ,
riot , or earthquake, or other conditions , including conditions result-
ing from war or imminent threat of war, but other than conditions
resulting from a labor ocntroversy, which conditions are or are likely
to be beyond the control of the services , personnel , equipment, and
facilities of this City, requiring the combined forces of other -Dol.it-
ical subdivisions to combat .
SECTION' 4-4 . 04 : DISASTER COUNCIL MEMBERSHID
The City of Atascadero Disaster Council is T�ereby created and
shall consist of the following:
A. The Mayor , who shall be Chairman.
B. The Director of Civil Defense and Disaster who shall be Vice
Chairman.
C. The Deputy Director of Civil Defense and Disaster Services
who shall be Coordinator of the Emergency Services Program.
D. Such Chiefs of Emergency Services as are provided for in a
current Emergency Plan of this City , adopted pursuant to this
ordinance.
E . Such representatives of civic , business , labor , veterans ,
professional , or other organizations raving an official.
emergency responsibility, as may be appointed by the Directo
with the advice and consent of the City Council.
SECTION 4-4 . 05 : DISASTER COUNCIL POWERS AND DUTIES
It shall be the duty of the City of Atascadero Disaster Council ,
and it is hereby empowered, to develop and recommend for adoption by
the City Council , emergency and mutual aid plans and agreements and
such ordinances and resolutions and rules and regulations as are nec-
essary to implement such plans and agreements . The Disaster Council
shall meet upon call of the Chairman, or in his absence from the City
or inability to call such a meeting, upon call of the Vice Chairman.
SECTION 4-4 . 06 : DIRECTOR_ AND ASSISTANT DIRFCTOR OF EMERGENCY SERVICES
A. There is hereby created the office of Director of Emergency
Services . The City (Tanager shall be the Director of Emergency
Services .
B. There is hereby created the office of Assistant Director of
Emergency Services , who shall be appointed by the Director.
SECTION 4-4 . 07 : POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT
DIRECTOR_ OF Ef:ERGENCY SERVICES
A. The Director is hereby empowered to :
(1) . Request the City Council to proclaim the existence or
threatened existence of a "local emergency" if the City
Council. is in session, or to issue such proclamation
if the City Council is not is session. Whenever a local
emergency is proclaimed by the Director, the City Council
shall take action to ratify the proclamation within seven
days thereafter or the proclamation shall have no further
force or effect .
(2) . Request the Govenor of the State of California to proclaim
a "state of emergency" when, in the opinion of the Director
the locally available resources are inadequate to cope
with the emergency.
(3) . Control and direct the effort of the emergency organization
of this City for the accomplishment of the purposes of this
ordinance.
(4) . Direct cooperation between and coordination of services
and staff of the emergency organization of this City;
and resolve questions of authority and responsibility
that may arise between them.
(5) . Represent this City in all dealings with public or private
agencies on matters pertaining to emergencies as defined
herein.
(6) . In the event of the proclamation of a "local emergency"
as herein provided, the proclamation of a "state of
r.'�
0 0
war emergency" , the Director is hereby empowered:
(a) . To make and issue rules and regulations on matters
reasonably related to the protection of life and
property as affected by such emergency; provided,
however, such rules and regulations must be con-
firmed at the earliest practicable time by the
Cite Council.
(b) . To obtain vital supplies , equipment , and such other
properties found lacking and needed :or the pro-
tection of life and property and to bind the City
for the fair value thereof and, if required imme-
diately to commandeer the same for public use.
(c) . To require emergency services of any City Officer
or Employee and, in the event of the proclamation
of a "state of emergency" in the county in which
this City is located or the existence of a "state
of war emergency" , . to command the aid of as many
citizens of this community as he deems necessary
in the execution of his duties ; such persons shall
be entitled to all privileges , benefits , and irTnu-
nities as are provided by state law for registered
disaster service workers ;
(d) . To requisition necessary personnel or material of
any City Department or Agency; and
(e) . To execute all of his ordinary power as Mayor,
all of the special powers conferred upon him by
this ordinance or by resolution or emergency
plan pursuant hereto adopted by the City Council,
all powers conferred upon him by any statute , by
any agreement approved by the City Council , and
by any other lawful authority.
B. The Director of Emergency Services shall. designate the order
of succession to that office , to take effect in the event the
Director is unavailable to attend meetings and otherwise perform
his duties during an emergency. Such order of succession shall
be approved by the City Council .
C. The Assistant Director shall , under the supervision of the
Director and with the assistance of Emergency Service Chiefs ,
develop emergency plans and manage the emergency programs of
this City; and shall have such other powers and duties as may
be assigned by the Director.
SECTION 4-4 . 03 : EN!ERGENCY ORGANIZATION
All officers and employees of this City , together with those
volunteer forces enrolled to aid them during an emergency, and all
groups , organizations , and persons who may be agreement or operation
of law, including persons impressed into service under the provisions
of Section 6 .A. (6) (c) of this ordinance , be charged with duties incident
s
•
to the protection of life and property in this City during the emergency,
shall constitute the emergency organization of the City of Atascadero .
SECTION 4-4 . 09: EMERGENCY PLAN
The City of Atascadero Disaster Council shall be responsible for
the development of the City of Atascadero Emergency Plan, which plan
shall provide for the effective mobilization of all of the resources
of this City, both public and private to meet any condition constituting
a local emergency, state of emergency, or state of war emergency; and
shall provide for the organization, powers and duties , services , and
staff of the emergency organization. Such plan shall take effect upon
adoption by resolution of the City Council.
SECTION 4-4 . 10 : EXPENDITURES
Any expenditures made in connection with emergency activities ,
including mutual aid activities , shall be deemed conclusively to be for
the direct protection and benefit of the inhabitants and property of the
City of Atascadero.
SECTION 4-4 . 11: PUNISTIENT AND VIOLATIONS
It shall be a misdemeanor , punishable by a fine not to exceed one
thousand dollars (1000 . 00) , or by imprisonment not to exceed six months ,
or both, for any person, during an emergency , to:
A. Willfully obstruct , hinder, or delay any member of the emergency
organization in the enforcement of any lawful rule or regulation
issued pursuant to this ordinance , or in the performance of any
duty imposed upon him by virtue of this ordinance.
B. Do act forbidden by any lawful rule or regulation issued pur-
suant to this ordinance, if such act is of such a nature as
to give or be likely to give assistance to the enemy or to
imperil the lives or property of inhabitants of this City,
or to prevent , hinder , or delay tl�e defense or protection there-
of.
C . Wear , carry, or display, without authority , any means of:
identification specified by the emergency agency of the State .
SECTION 4-4 . 12 : EFFECTIVE DATE
This ordinance shall become effective thirty (30) days from and
after its passage.
SECTION 4-4 . 13 : SEVERABILITY
If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, such, invalidity shall not affect
other provisions or applications , and to this end the provisions of this
ordinance are declared to be severab-le.
SECTION 2
The City Clerk shall cause this ordinance to be published in the
Atascadero News , a newspaper in general circulation, published and
circulated in this City. Once within fifteen days after its passage ,
in accordance with the Government Code Section 36933 ; shall certify
the adoption of this ordinance; and shall cause this ordinance and
certification to be entered in the Book of Ordinances of the City.
The City Clerk is further instructed to senj a certified copy
hereof to the California Emergency Council.
On motion by Council Member and seconded
by Council Member , the foregoing ordinance is hereby
adopted in its entirety on the following roll call vote :
AYES :
NOES :
ABSENT:
ADOPTED:
ATTEST : CITY 07 ATASCA.DEPO, CALIFORNIA
ROBERT M. JONES , City Clerk ROLFE ':EL SOFT, Mayor
APPROVED AS TO FORTi: APPROVED AS TO CONTENT:
t
ROBERT M. JONES , City Attorney I-"ICNAE"_ SHELTON, City Manager "'
0
RESOLUTION NO. 5886
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
APPROVING AND AGREEING TO ABIDE BY CALIFORNIA DISASTER AND
CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT ON BEHALF OF THE
STATE OF CALIFORNIA AND ALL ITS DEPARTMENTS AND AGENCIES
WHEREAS , EARL WARREN, Govenor of the State of California, on
the 15th day of November, 1950 , executed the California Disaster and
Civil Defense Master Mutual Aid Agreement on behalf of the State of
California and all its Departments and Agencies ;
NOW, THEREFORE , the City Council of the City of Atascadero
does , by resolution, hereby approve and agree to abide by said California
Disaster and Civil Defense Master Mutual Aid Agreement; and the Clerk of
this Council is hereby authorized and directed to send a certified copy
of this resolution to the California Emergency Council for moiling with
said Council.
The foregoing resolution was introduced on
and adopted at a regular meeting of the City Council held on
On motion by , and seconded by
the foregoing resolution is hereby adopted in its entirety on the
following roll call vote.
AYES :
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO, CALIFORNIA
ROBERT M. JONES , City Clerk ROLFE NELSON, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT :
ROBERT M. JONES , City Attorney MICHAEL SHELTON , City Manager
r
RESOLUTION NO. 5986
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
ADOPTING THE RULES AND REGULATIONS ESTABLISHED BY
THE CALIFORNIA EMERGENCY COUNCIL PURSUANT TO THE
PROVISIONS OF SECTION 8580 OF TFE COVFRNMENT CODE
RELATIVE TO WORKMEN' S COMPENSATION BENEFITS FOR
REGISTERED VOL•UNTEER "DISASTER SERVICE WORKERS"
WHEREAS , Section 8580 of the Government Code (Chapter 1454 ,
Statues 1970) , provides :
"The Emergency Council shall establish by rule and
regulation various classes of disaster service workers
and the scope of the duties of each class . The Emergency
Council shall also adopt rules and regulations prescribing
the manner in which disaster service workers of each class
are to be registered. All such rules and regulations shall
be designed to facilitate the paying of workmen' s comp-
ensations" . and
WHEREAS , the California Emergency Council has adopted rules
and regulations establishing classes of disaster service workers , the
scope of duties of each class , and the manner of registration of s
volunteer disaster service workers ; and
WHEREAS , Section 8612 of the Government Code (Chapter 1454 ,
Statues 1970) , provides :
"Any Disaster Council which both agrees to follow the rules
and regulations established by the California Emergency
Council pursuant to the provisions of Section 8580 and
substantially complies with such rules and regulations
shall be certified by the Emergency Council . Upon such
certification, and not before , the Disaster Council be-
comes an accredited Disaster Council" . and
WHEREAS , the City of Atascadero has registered and will
hereby register volunteer disaster service workers ; and
WHEREAS , the City of Atascadero desires to become an
"Accredited Disaster Council" , organization in order that injured
disaster service workers registered with it may benefit by the
provisions of Chapter 10 of Division 4 of part 1 of the Labor Code ;
NOW, TI?EREFORE , the City Council of the City of Atascadero
hereby agrees to follow the rules and regulations established by the
California Emergency Council pursuant to the provisions to Section
8580 of the Government Code.
The City Clerk is hereby instructed to send a certified
copy hereof to the California Emergency Council.
1 �F.
�
• •
The Emergency Resolution was introduced and adopted at
a regular meeting of the City Council held on , 1986 .
A motion by Council Member and seconded
by Council Member , the foregoing resolution is
hereby adopted in its entirety on the Following roll call vote.
AYES :
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO , CALIFORNIA
ROBERT 11. JONES , City Clerk ROLFE NELSON, Mayor
APPROVED AS TO FORS,: APPROVED AS TO CONTENT :
ROBERT M. JONES , City Attorney MT•_CHAEL SHELTON, City Manager
-ji
M E M O R A N D U M
June 13 , 1986
To : City Council
Via: Mike Shelton , City Manager PCL
From: Bob Best , Parks and Recreation Director
Subject : Equestrian Agreement
RECOMMENDATION
Approve an Agreement of Performance with the Paloma Creek Park Equestrian
Committee for the development of the equestrian facility at Paloma Creek
Park providing recommendations from the City' s insurance carrier are met ,
and Council is willing to risk the liability exposure created by this
facility.
BACKGROUND
• In October , 1984 , the City Council approved an agreement , in concept , with
the Atascadero Horse Advisory Committee for the development of an eques-
trian arena at Paloma Creek park. Initial interest was positive , but this
group eventually lost interest in the project due to lack of funds and
commitment from volunteers . As a result , this project has been placed on
hold since that time .
Recently , another group , Paloma Creek Park Equestrian Committee , headed by
Mr. Jim Comes , approached the Parks and Recreation Commission regarding
developing the arena. At it ' s April meeting, the Commission recommended
approving an agreement with this organization.
ISSUE STATEMENT
At this time the Parks and Recreation Commissioners still desire to have
an equestrian facility at the park. Despite the problems with the previous
group , the new committee believes this facility can still be constructed
at no cost to the City.
However, the Commission and staff are concerned about the continued long
term committment toward this facility without it actually becoming a real-
ity. As a result , the proposed agreement has a time frame for completing
the Phase I development . It is our opinion the facility should either
be developed as proposed under specific time guidelines , or the area plan-
ned for another use . There are already inquiries concerning this area
from other groups in the community , mainly as a location for youth base-
ball fields .
�n
-3- • 0
A second alternative is to eliminate the equestrian facility from the park
and provide this area for other recreation uses . Specific recommendations
could be determined as above .
A third alternative is to put this project on hold until early 1987 and
then evaluate if insurance for a reasonable amount would be available .
This , however, is a total unknown and the City cannot be certain the situ-
ation will change in the near future .
FISCAL IMPACT
The development of the equestrian facility would be at the expense of the
Equestrian Committee . All labor and materials costs would be the res-
ponsibility of the Committee . The facility would be revenue generating ,
as groups would be charged for using the arena. Specific fees have not
yet been determined, but these will be used to offset operating expenses .
Fees charged will cover the cost of arena preparation , cleanup after the
event , inspection of the facility by Parks employees , and any utility costs
associated with the arena. In addition , a deposit will be required from
each group using the arena in the event of damage to the facility. With a
control system, it will even be possible to determine if an individual
using the arena was responsible for damage .
Any improvements made to the facility would be the responsibility of the
Equestrian Committee . With a proper fee structure in place , this facility
could be self-supporting. Daily maintenance of the facility would be
minimal , and would not affect the Parks Division budget adversely.
r
AGREEMENT OF PERFORMANCE
This Agreement of Performance is entered into b and between the Cit of
g Y Y
Atascadero , herein designated as "City" and the Paloma Creek Park Equestrian
Committee , herein designate as "Equestrian Committee" and pertains to the
development and use of four ( 4) acre park site , to be used for equestrian
purposes , located at the corner of Halcon and Viejo Camino Roads .
WITNESSETH
Whereas , the "Equestrian Committee" is organized to raise support , materials ,
and funds toward the development of the equestrian facility.
Whereas , the "City" desires assistance in developing, promoting , fund raising
and supporting the equestrian facility.
Whereas , the agreement with the Atascadero Horse Advisory Committee , the
original group entering into an agreement with the "City" , is no longer effec-
tive due to this group no longer being active .
Now, therefore , in consideration of the premises and covenants and promises
hereinafter set forth, the "City" and "Equestrain Committee" agree as follows :
1. That the "City" shall provide :
a. Four acres of land for the development of the equestrian facili
t
b. Site engineering , when available , will be provided by "City" sta
c . The "City" shall not be responsible for the development of the
arena park plans .
2 . That the "Equestrian Committee" shall provide :
a. Construction and development of the equestrian facility to in-
clude labor, materials , and design of the site .
3. All funds collected, including donations , shall be handled through
the South Atascadero Park Committee , a sub-committee of the Atascadero
Improvement Corporation. Funds raised shall be placed in this
account and designated only for the use of the "Equestrian Committee"
for the Equestrian facility .
4 . All work projects including construction , design , and types of materials
will be reviewed and approved by the Director , Parks and Recreation ,
before any work commences .
5 . Phase I development of the equestrian facility includes construction
of the main arena, main arena sprinkler system, grading , fencing and
parking lot . Time frame for completing Phase I is as follows .
-2-
1 . Submitting corlleted plans to 'Park and Recreation Director -
July 1 , 1986 .
2 . Grading completed - August 31 , 1986
3• Construction of arena sprinkler system - October 1 , 1986 .
4 . Construction of main arena - December 15 , 1986
5. Parking Lot - March 1 , 1987
6. Fencing - March 1 , 1987 .
Upon completion of Phase I the Parks and Recreation Commission shall
review the progress of the Equestrian Committee for completeness and
quality.
6. If Phase I is properly completed, the "Equestrian Committee" may be
authorized to complete Phase II (to include , but not limited to , an
announcing stand, meeting room, drinking fountains , rest rooms , and
additional site amenities as developed by the "Equestrian Committee" ) .
This shall be completed by November 30 , 1987 ,
7 . Any time during the project , the "City" may issue a stop work order
to the "Equestrian Committee" for lack of progress or any other reason
affecting the quality of the project , subject to appeal by the
Equestrian Committee"
8 . Scheduling the facility will be the responsibility of the "City" .
9 . Upon completion of the project , the "Equestrian Committee" may act as
an advisory group to the Parks and Recreation Commission.
Any remaining funds will be utilized for improvement projects at the eques-
trian facility.
In Witness Whereof , the parties hereto have caused this agreement to be
executed on the date indicated below.
DATED: 1986
ATTEST: CITY OF ATASCADERO:
BOYD SHARITZ , CITY CLERK MAYOR
APPROVED AS TO FORM: EQUESTRIAN COMMITTEE
ROBERT M. JONES , CITY ATTORNEY JI1 COTES
APPROVED AS TO CONTENT:
n
MICR SHELTON, CITY DIANAGER
0
• T0: Council MEMORANDUM
THROUGH: Mike Shelton, City Manager kl
FROM: Paul Sensibaugh, Director of Public Works/City Engineer
SUBJECT: Dial-A-Ride Contract Renewal
DATE: June 23, 1986
RECOMMENDATION:
Recommend that Council accept and enter into the attached
agreement for a maximum amount of $160,338, by and between the
City of Atascadero and Community Transit Services, Inc. for the
terms specified.
BACKGROUND:
The contract for Dial-A-Ride management services is renewed
annually as part of the services provided under SB325 . Mike
Moore of CTS was interviwed and the records and accomplishments
for the previous year were addressed.
• The company provides reliable, courteous and prompt service
and this office has received very few complaints this year.
FISCAL IMPACT.-
The
MPACT:The contract terms have been modified as follows:
1) The service hours have been increased by 1.5 hours per
day
2) Veteran' s Day has been added to the list of holidays
observed.
3) Vehicle Insurance coverage has changed substantially.
Attached for comparison is Section 32 dealing with
vehicle insurance from the Community. Transit Services
contract.
4) The 1986-87 proposed contract, with a maximum amount
of $160 , 338, is approximatelyl 8 3/4% above the
fiscal year 1985-86 contract maximum amount of $147, 412.
Basically, the insurance coverage has been reduced
from a "total package" of $10 ,000 , 000 to a "total
package" of $5 , 000 , 000. Our deductable has also
• increased drastically from $1,000 for collision and
$250. 00 for comprehensive to $10, 000 deductable for
uninsured motorists, medical payments, and collision
and comprehensive physical damage coverage.
1
f�C
d
LIVE FILE
Convert I Access Store
THIS SHEET INDICATES
THIS SECTION CONTAINS
POOR QUALITY IMAGES
/ 13 V 32. Vehicle Insurance: M&0 shall provide City with vehicle liability
com-
14 insurance in the amount of Five Hundred Thousand Dollars ($500,000-00)
15 bined single limit bodily injury and property damage liability. Coverage
_ 16 will also include collision with a One Thousand Dollar ($1,000.00) deductible,
17 and comprehensive coverage with a Two Hundred Fifty Dollar ($250.00) deduc-
18 tible. Any deductible will be the responsibility of City. A separate
19 umbrella liability policy will provide vehicle liability coverage of an
20 additional Ten Million Dollars ($10,000,000.00). Any losses or damages not
21 covered by insurance shall be an obligation of City and not, under any
22 circumstances, of M&0. M&O shall name City as additional insured and shall
23 furnish City with evidence of insurance. Such policy or policies shall
24 provide that they may not be cancelled without at least thirty (30) days
25 written notice to City.
26
27
-10-
1 AMENDMENT TO AGREEMENT
2 This AMENDMENT TO AGREEMENT is made and entered into this day of
3 1986, by and between the CITY OF ATASCADERO, California, hereinafter
4 referred to as "City," and COMMUNITY TRANSIT SERVICES, INC. , hereinafter
5 referred to as "CTS."
6
WITNESSETH:
7 WHEREAS, City and CTS, a subsidiary of DAVE Systems, Inc. , entered into
8 a prior agreement on October 30, 1984 for the management and operation of a
9 Dial-A-Ride System in the City of Atascadero; and
10 WHEREAS, City and CTS have agreed to modify the terms of the Agreement;
11 NOW, THEREFORE, in consideration of the foregoing recital and covenants
12 and agreements of the
g parties, herein set forth, the parties do agree as
13 follows:
14 1. For performance from July 1, 1986 through June 30, 1987, City agrees
15 to pay CTS $6.892 per vehicle service hour and a fixed weekly rate of
16 $2,127.77 per service week in consideration for services described herein.
17 The maximum amount, including fee to be paid by City to CTS, shall not exceed
r18 One Hundred Sixty-Thousand, Thnee Hundred Thirty-Eight Dollars ($160,338.)
19 2. The Scope of Work has been modified as follows:
20
(a) "The system will operate between the hours of 6:30 a.m. and
21 6:30 p.m. Monday through Friday."
22
(b) Veteran's Day has been added to the list of holidays on which
23 no service will be provided.
24 3. Section 32 Vehicle Insurance is amended to read:
25
(a) M&O shall provide City with vehicle liability insurance in the
26 amount of One Million Dollars ($1,000,000.00) combined single limit bodily
27
injury and property damage. Coverage will also include uninsured motorists,
-1- F.
1 medical payments, and collision and comprehensive physical damage coverage
2 collision with a Ten Thousand Dollar ($10,000.00) deductible. Any deductible
3 will be the responsibility of City. M&0 shall also procure and maintain an
4 Umbrella Liability policy in the amount of Four. Million Dollars ($4,000,000.00),
5 for a total package of Five Million Dollars ($5,000,000.00). M&0 shall name
6 City as additional insured and shall furnish City with evidence of insurance.
7 Such policy or policies shall provide that they may not be cancelled without at
8 least thirty (30) days written notice to City.
9 (b) In case of damage or destruction of any vehicle or vehicles
10 provided by City under the terms of this Agreement, City agrees that liability
11 of M&0 for said damage or destruction shall be limited to the appraised fair
12 market value of the vehicle(s) at the time of the loss. M&0 and City agree
13 that the appraised fair market value shall be that value established by the
14 insurance carrier providing the collision and comprehensive physical damage
15 coverage required under Paragraph 32 or such other appraiser as mutually
16 agreed upon.
17
(c) In the event that addition, deletion, or acquisition of new
18 vehicles by City changes the vehicle fleet listed in Exhibit B, the compensation
19 paid to M&0 for the purposes of maintaining physical damage coverage on said
20 vehicles shall be subject to immediate renegotiation to recover the documented
21 actual premium cost under the insurance policy then in effect.
22 4. Section 33 Fidelity Bond is amended to read:
23 "Duringthe
period of time this Agreement -shall be in effect, M&0
24 shall cause its staff personnel to be covered under an appropriate bond
25 providing protection from employee theft up to the amount of Ten Thousand
26
Dollars ($10,000) with respect to any one occurrence by M&0 employees."
27 /
-2-
1 5. Except as modified herein, the provisions of that certain Agreement
2 dated October 30, 1984 shall remain in full force and effect for the agreed
3 duration of this extension.
4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement
5 to be executed by and through their respective officers thereunto duly
6 authorized on the date first above written.
7 CITY OF ATASCADERO COMMUNITY TRANaLTSERVICES, INC.
8 By: By:
9 -�3-�
ate: Date: �
10 Witnessed by: And By:
11
12 ate: Date:
13 Approved as to form:
14
15 ate:
16 Approved as to content:
17
18 ate:
19
20
21
22
23
24
25
26
27
-3-
COST SUMMARY
JULY 1, 1986 TO JUNE 30, 1987
Atascadero
DIRECT PAYROLL INDIRECT TOTAL
Management $21,016 $ 7,356 $28,372
Staff 15,972 5,590 21,562
Operators 40,901 14,315 55,216
Total $77,889 $27 ,261 $105,150
OPERATING EXPENSES
Vehicle Insurance $18,534
Control Center Equipment 1 ,000
Supplies 250
Recruiting Supplies 100
Travel & Petty Cash 600
Reproduction 400
Uniforms 150
Physicals 320
General & Administrative 19,472
Total $ 40,826
LABOR $105,150
OPERATING EXPENSES 40,826
TOTAL COST 145,976
MANAGEMENT FEE 14,362
PRICE 160,338
STARTUP 0
TOTAL PRICE $160,338
Service Hours 7,210
Hourly Price $ 6,892
Weekly Price $2,127,77
Service Miles 110,000
Prepared by: _ JLP Date: 6/12/86
Checked by: Date:
Approved by: Date:
COMMUNITY TRANSIT SERVICES, INC.
r
FIXED AND VARIABLE COST SUMMARY
PROJECT: Atascadero
BUDGET PERIOD: July 1 , 1986 to June 30, 1987
FIXED COSTS
Management Labor $28,372
Staff Labor 21,562
Operators Non Revenue Labor 5,522
Maintenance Labor 0
Operating Expenses 40,826
Management Fee 14,362
Startup Expenses 0
Total Fixed Costs $110,644
TOTAL FIXED COSTS $110,644
DIVIDED BY NO. WEEKS 52
EQUALS WEEKLY RATE $2,127.77
Vehicle Operator Revenue $49,694
Divided by Number of Hours 7,210
Equals Hourly Rate $6.892
FIXED COSTS $110,644
VARIABLE COSTS $49,694
TOTAL COSTS $160,338
Prepared by: JLP Date: 3/17/86
COMMUNITY TRANSIT SERVICES, INC.
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EXHIBIT A
SCOPE OF WORK
CITY OF ATASCADERO
SYSTEM MANAGEMENT AND OPERATIONS
The M&O will manage and operate the system in accordance with the
policies and procedures established by the City, and with good manage-
ment practice. The M&O will require its vehicle operators to assist
those passengers needing it when boarding or leaving the vehicles.
Management of day-to-day operations of the system will be vested in
a location supervisor who will be well experienced in all aspects of
transit operations. In addition, a responsible senior employee of M&O
will be available at all times, either by phone or in person, to make
major decisions or provide coordination as necessary.
The above individuals will be responsible for monitoring all aspects
of the system operation. Included are ridership, quality of service,
fare collection and accounting, attitudes, motivations, and performance
of all personnel. Methods of improving system operations and service
will be sought, and the results will be reported to the City along with
any corrective actions which may have been taken. In no case will a
corrective action which affects the nature, quality, or quantity of
service be taken without first obtaining City approval.
The system will operate between the hours of 6:30 a.m. and 6:30
p.m. , Monday through Friday. No service will be provided on Saturdays,
Sundays, or the following holidays: New Year's Day, Presidents' Day,
Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving,
Day after Thanksgiving, or Christmas Day.
M&O will provide a maximum of 7,210 vehicle service hours per year.
Charter services also will be provided when requested or approved
by the City.
M&O will provide the properly trained supervisor, vehicle operators,
controllers, and maintenance personnel needed to operate the system.
Throughout the day, supply in terms of controllers and operators will
be tailored to demand.
COMMUNITY TRANSIT SER`'ICES, INC.
A-1
n
0
JIMCOMMUNITY TRANSIT SERVICES, INC.
1450 E. 17th Street, Suite 100 Santa Ana, California 92701 (714)542-1740
June 13, 1986
File: C:CA-Atascadero
REG-06136-OT:17/50-EM
Mr. Paul Sensibaugh
Director of Public Works
CITY OF ATASCADERO
P.O. Box 747
Atascadero, CA 93423
Dear Mr. Sensibaugh:
At the request of Jim Pierson and Michael Moore of our staff, enclosed
are two signed copies of an Amendment to our Agreement with the City for
management and operation of the Dial-A-Ride system. The Amendment
reflects the service hour changes negotiated with the City and the deletion
of service on Veteran's Day.
We have just completed placement of the renewals for our 1986-87 insurance
policies, and, to be quite candid, the full impacts of the much-publicized
"insurance crisis" are now evident. The good news is that we have obtained
the full range of necessary liability and property damage coverages from
quality, reputable firms -- others in our industry may not be so fortunate.
The not-so-good news is that we have been able to obtain a total insurance
package, including excess liability coverage, of only $5 million -- which
is neither our preference nor yours -- and this at a significant increase
in premium over last year. What we found after contacting over 40 insurance
companies is that certain coverages are either simply not available or are
priced at rates so high as to be unrealistic. You may have already exper-
ienced these conditions in placing your own insurance.
Recognizing the lower limits of insurance we are able to now provide, it
will be necessary to amend our Agreement with your agency to properly
reflect these limits. The enclosed Amendment includes this change.
Mr. Sensibaugh June 13, 1986
CITY OF ATASCADERO Page Two
Our solid record of performance has enabled us to secure insurance coverage
where others are still searching. I would like to assure you that we are
doing all that we can to strengthen that performance as we work through
these present tough issues.
We would be pleased to discuss these issues with you at your convenience.
Please feel free to contact either me or Jim Pierson.
Sincerely,
Roy E. G au ier
Contract Administrator
REG/ha
Enclosure
xc(w/encl) : J. Pierson
unCOMMUNITY TRANSIT SERVICES, INC.
MEMORANDUM
TO: City Council
THROUGH: Mike Shelton, City Manager
FROM: David Jorgensen, Administrative Services Directo
SUBJECT: Proposed Resolution No. 65-86 Approving Interim B get
DATE: June 23, 1986
RECOMMENDATION
It is recommended that the City Council approve an Interim Budget
for Fiscal Year 1986-87 and appropriate funds thereafter.
DISCUSSION
The attached resolution is required to enable continued expen-
diture of funds for basic personnel and operating expenditures
until next year ' s budget is adopted. No capital expenditures
will be made until the budget is adopted or unless specific Coun-
cil approval is obtained. All unencumbered expenditures made
after July, 1986, in the interim before budget adoption will be
charged against 1986-87 adopted budget appropriations. Based on
the current budget calendar , staff plans to present the budget to
Council in July.
DGJ/cw
RESOLUTION NO. 65-86
A RESOLUTION OF THE ATASCADERO CITY COU C13L
APPROVING AN INTERIM BUDGET FOR THE 1986-87 FISCA& mna
AND APPROPRIATING FUNDS THEREAFTER
BE IT RESOLVED by the Atascadero City Council fa;1I2aw-,3z
Section 1. Pursuant to the provisions of Sectiam 37M& of
the Government Code, an Interim Budget is hereby fair the
City of Atascadero for Fiscal Year 1986-87 to tL ti_ t th tt��tt
certain annual totals contained in the Fiscal Year 1_��;.5:- � Sett
are extended into the Fiscal Year 1986-87 Interim I qey fbr t,_,te
purpose of continuing Salaries and Benefits, for
Services and Supplies and certain limited Capitan. eiW.a m6 ttarees
for each function in the General Fund, Special Reve re;P *mrmft,
Enterprise Fund, Reserves and totals set forth for sa ; c pjt;a1
project with the following stipulations: W.
�i
A. Salaries and benefits, as adopted for Fiscal Team. 19)65-86.,
will continue during Fiscal Year 1985-86 as list: ' pan �r• �"Ex_
penditures Classification - Personnel" within eac* 31P_1paLTtnrjeM
of Fiscal Year 1985-86 Budget. Salary and ad ujs t-
ments for - Fiscal Year 1986-87 will be in ac.ceff,d(Pncie with
approved Memorandum of Understanding upon adopti , ref: a pima-1
Fiscal Year 1986-87 Budget;
B. Expenditures for Services and Supplies, as lisftX3 ,�4*_r,, "I
penditure Classification - Services/Supplies;"',- tin ealeh
Department of the Fiscal Year 1985-86 Budget, C•oem-
surate with maintaining basic City services;
C. Expenditures for Capital Outlay, as listed undn-r '"Tft i ;re
Classification - Capital Outlay" , within each Di ,-jtment, .0`.F
the Fiscal Year 1985-86 Budget, will be resti,i ,tr�zd' i- t.
-lbo se
lease-purchase payments which were obligated 9.vimr th:e
Fiscal Year 1986-87 and are listed in the Bungle+ 5:6r, Es'f e 1
Year 1985-86;
D. All references made within this section to thv F" c111 Team
1985-86 Budget, as a basis for expenditures anal 1l nti t?�wz oar
will be replaced by the Proposed Budget for Fi cal Yte::zrF L9,86-
87, once such budget is distributed and placeon: f1e of
record.
Section 2. The Council, from time to time, by mm)trom, *mom°
approve and authorize the payment of non-budgeted l-.1ern Lamd?sy a�;t znay
appropriate funds for budgeted or non-budgeted item,,, ar�d1 y
such appropriation for a non-budgeted item shat,,. er znssz.t;$.t an
approval to issue a warrant in payment of a proper d mamd! air- &e_
mands therefor .
1
(Res. No. 65-86 , cont'd)
Section 3. This resolution shall become effective and be
in full force immediately upon its passage.
On motion by Council Member and seconded by
Council Member , the foregoing resolution is hereby
adopted in its entirety by the following roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO, CALIFORNIA
Mayor
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO FORM:
ROBERT M. JONES, City Attorney
APPROVED AS TO CONTENT:
MICHAEL SHELTON, City Manager
2 /' i