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Agenda Packet 11/24/1986
CINDY WILKINS DEPUTY CITY CLERK A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING FOURTH 'FLOORP ROTUNDA ROOM NOVEMBER 24, 1986 7:30 P. M., Call to Order Pledge of Allegiance Invocation Roll Call City Council Comments COMMUNITY FORUM - (Only 15 minutes will be allowed for Community Forum at the beginning of the agenda. Citizens are requested to keep remarks under 5 minutes, and that a speaker person speak in behalf of groups. ) 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 by roll call. 1. Approval of Minutes of Regular Council Meeting of November 10, 1986 2. Approval of Finance Director ' s Monthly Report - October , 1986 3. Approval of Treasurer ' s Monthly Report - October, 1986 4. Approval of Proposed Resolution 118/86 - Authorizing Application for Grant Funds for Traffic Way Softball Fields Improvement Pro- ject Under the Community Parklands Act of 1986 5. Approval of Dial-A-Ride Out Of Contract Services - Transportation Services to Charitable Thanksgiving Dinner at Atascadero Lake Park 6. Approval of Resolution 130-86 - Exemption of Certain Employee Classifications from Provisions of the Fair Labor Standards Act 1 • • 7. Acceptance of Final Map 15-86 - 12100-12040 San Marcos Road - Hendrix/Twin Cities Engineering 8. Re-Affirmation of Council Prior Approval of Final Lot Line Adjustment 12-85 - 9250 Santa Lucia - Hawkins/Cuesta Engineering 9. Approval of Lot Line Adjustment 9-86 - 11255 and 11305 San Marcos Road - Adjustment of Property Line Between 2 Existing Lots - Lindner/Cuesta Engineering 10. Approval of Tentative Tract Map 30-86 - 8375 Amapoa - Creation of 6 Residential Air-Space Condominiums - Salmeron/Cuesta Engineering B. HEARINGS, APPEARANCES, AND REPORTS 1. Public Hearing - Final Grantee Performance Report - Community Development Block Grant - 95 Unit Senior Citizens Housing. Project - 10165 E1 Camino Real (Judy/Ed Young) C. UNFINISHED BUSINESS 1. General Plan Amendment 2H-86/Zone Change 22-86 Atascadero- Portola Residential Study Area - City of Atascadero/Hawkins A. Ordinance 140 - Amending the Official Zoning Maps from RSF-Y to RSF-X (SECOND READING) (Cont'd from 11/10/86) 2. General Plan Amendment 2G-86 / Zone Change 27-86 - 1200-1800 E1 Camino Real - City of Atascadero/Leonard Brazzie A. Ordinance 141 - Amending the Official Zoning Maps from Residential Suburban to Commercial Tourist (SECOND READING) (Cont.'d from 11/10/86) D. NEW BUSINESS 1. Consideration of General Plan Amendment Proposals for Cycle 1 - 1987 2. Proposed Resolution 131-86 - Agreement Between City of Atascadero and Atascadero Unified School District for Extension of City Sewer Service to the San Gabriel School Site 3. Proposed Resolution 132-86 - Mayor to Enter into Contractural Agreement with Jeff Jorgensen for City Attorney Services • 4. Proposed Ordinance 142 - Changing the City Council Regular Bi-Monthly Meetings from Second and Fourth Mondays to Second 2 and Fourth Tuesdays and Changing the Planning Committion • Regular Bi-Monthly Meetings from First and Third Mondays to First and Third Tuesdays; Both Being Effective March 1, 1987 'S. Rule No. 20-Underground Utilities Conversion Ad Hoc Committee Appointments E. PUBLIC FORUM F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council - 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager • I, • 3 PLEASE ADD THIS ADA TTEM AGEMDA TO YOUR 11/24 AGENDA PACKET DATElI3GIl .Z Cl%L��o ITEM# • ATASCADERO CITY COUNCIL MINUTES November 10, 1986 Atascadero Administration Building The regular meeting of the Atascadero City Council was called to order at 7:30 p.m. by Mayor Mackey, followed by the Pledge of Allegiance. An invocation was given by Pastor David Inks, Covenant Presbyterian Church. ROLL CALL Present: Councilmembers Borgeson, Handshy, Molina, Norris and Mayor Mackey Absent: None STAFF Mike Shelton, City Manager; Boyd Sharitz, City Clerk; Bud McHale, Police Chief; Henry Engen, Community Development Director; Paul Sen sibaugh, Public Works Director ; Cindy Wilkins, Deputy City Clerk COUNCIL/STAFF COMMENTS Councilman Handshy reminded citizens to remember Veterans - Day tom- orrow, Nov. 11th, noting the Elks Club is sponsoring a Veteran's Appreciation Dinner/Dance tomorrow evening. Mayor Mackey announced the Chamber of Commerce will hold its annual Christmas Tree Lighting ceremony on Thurs. , Dec. 11 at 6:30 p.m. on the steps of the Administration Building. Mayor Mackey issued a proclamation observing November 1986 as Hospice Month (which month will close in conjunction with the tree lighting ceremony in Sunken Gardens on 12/11) . Mayor Mackey reminded audience to address the Chair and to avoid per- sonal attacks. COMMUNITY FORUM Doug Nix, 4533 Yerba, expressed that he takes exception to Mayor Mackey' s previous comment, feeling it is intimidating and stifles public input. Richard Johnson, President, S.L.O. County Chapter of M.A.D.D. (Mothers Against Drunk Driving) read a prepared statement questioning an inci- dent of Oct. 11th when a County Sheriff's Deputy, suspected of driving under the influence of alcohol, was driven home by an APD officer. 1 Tom McNamara, resident, requested the City Manager and City Council t� scrutinize the Atas. Planning & Building Departments, specifically the attitude in the Building Dept. Greg Mann, President of P.T.A. at Santa Rosa Rd. School, thanked Chief McHale for his efforts to help the school through recent ' tumultuous times' ; also, he urged Council adoption of Res. 123-86 (Agenda Item D-1) ; thirdly, relating to possible lot divisions in the Santa Rosa School district (see Item B-1) , he noted there are some distinct over- crowding problems and requests approvals be helf off (until the San Gabriel Rd. school site is on line) as it will further impact Santa Rosa and possibly Santa Margarita School. A. CONSENT CALENDAR 1. Approval of Minutes of Regular Council Meeting of October 27, 1986 2. Proposed Resolution 126-86 - Adopting Special Condition for State/Federal Security Interest in Property Acquired with Grant Funds for Atascadero Sanitation Plant Expansion 3. Recognition of September Employees of the Month - Valerie Humphrey, Public Works Dept. and Cindy Wilkins, City Clerk ' s Office 4. Approval of Lot Line Adjustment 7-86 - 9099 La Linia Lot Linle Adjustment between Two Existing Developed Lots - Shores/Volbrecht Surveys 5. Approval of Tentative Tract Map 24-86 - Creation of 15 Air Space Condominium Units - 7425 E1 Camino Real - Messer/Camino Real Properties/Cuesta Engineering 6. Approval of Tentative Tract Map 27-86 - Creation of 13 Commercial Air Space Condominium Units - 7500 Morro Road - Dunn/North Coast Engineering 7. Approval of Tentative Tract Map 26-86 - Creation of 28 Resi- dential Condominium Units with Common Area - 7408 -7478 Santa Ysabel - Montanaro/North Coast Engineering 8. Accept Final Map 5-86 - 9630 Laurel Road Hass/Coronada-Nelson/ Tartaglia & Hughes Engineering 9. Approval to Enter into Contract with Mark Henry Bartholomew for Temporary Full-Time Employment on General 'Plan Update Work Pro- gram 10. Approval of Proposed Resolution 125-86 - Establishment of Stop Signs Cortina Ave. , Encinal Ave. and Sonora Ave. at Their Inter sections with Valle Avenue. 11. Approval of Proposed Resolution 124-86 - Prohibiting Parking on a Portion of E1 Camino Real from Pacific Home Improvement Center 2 • i • North to Northerly Property Line of Idler ' s Mayor Mackey noted that Item A-2 will be considered separately (as it relates to the Sanitation District) . MOTION: By Councilwoman Norris to approve Items Al-11, except A-2, seconded by Councilwoman Borgeson; passed by 5:0 roll-call. B. HEARINGS, APPEARANCES AND REPORTS 1. General Plan Amendment 2H-86/Zone Change 22-86 Atascadero-Portola Residential Study Area - City of Atascadero/Hawkins A. Public Hearing B. Proposed Resolution 127-86 - Approving Amendment to General Plan Land Use Map from Moderate Density Single .Family to High Density Single Family C. Proposed Ordinance 140 - Amending the Official Zoning Maps from RSF-Y to RSF-X (FIRST READING) Henry Engen, Commun. Devel. Director, gave staff report. • Councilwoman Borgeson expressed concern regarding impact to the sewer system with increased density resulting from this zone change; Paul Sensibaugh, Pub. Works Director , responded that the development fees would enable the sanitary sewer to be increased where needed. Councilwoman Borgeson- also expressed concern regarding school safety issues and urges that staff commit to monitoring the traffic safety situation; Mr. Sensibaugh commented that it will be discussed further by the Traffic Committee. Public Comment Jane Smith, 8950 Atascadero Ave. (10 years) , believes the traffic at the Santa Rosa Rd./Atas. Ave. intersection has tripled over the past few years and is very dangerous; she noted that a drainage problem also exists there which, during the rainy season, forces children to cross further out in the street. James Watson, 8400 Atascadero Ave. (since 1972) , addressed the traffic problem on Atas. Ave. as having gotten "out of hand" over the past 5 years, with many excessive speeders. He noted that he applied for a rezone on his property in the past and was denied. He, too, mentioned the drainage problem and feels that the surface water runoff will be increased as a result of more density and urges that it be studied carefully. Robert Fisher , 8925 Atascadero Ave. , spoke in support of the proposed GPA; he urges that underground utilities be required of all develop- ment of new lots created by this proposed amendment and also urges that planning for sidewalks in the immediate vicinity of Santa Rosa 3 School be a high priority of City staff. • Doug Nix, 4533 Yerba, expressed concerns regarding the amount of money (from fees) staff reported would sewer the number of homes in the area, comparing it to the cost of sewering his area (Improvement Dis- trict No. 4, recently formed) ; staff responded that the area is already in the sewer district. Mr. Nix expressed he doesn' t oppose the parcel splits or subdivision. Mike Hawkins, applicant, spoke in support of his application, noting he agrees with safety concerns expressed and does not oppose sidewalks providing they're planned for the area adjoining his acreage as well. John Grower, 8525 Santa Rosa (to the rear of the parcel under consid- eration) , spoke in favor the proposed GPA, feeling that development will help the existing drainage problems. Robert Schultz, 8630 Portola Rd. , 25-year resident, spoke in support of the proposed GPA, further commenting on the excessive fees in place. Shirley Moore, 8220 Curbaril, spoke on behalf of her mother-in-law (who lives on corner of Portola & Santa Rosa) who supports and favors the zone change. Greg Mann, Santa Rosa PTA President, reiterated his comments at th beginning of the meeting (see Community Forum) , expressing that side* walks, crossing guards and/or other safety factors should be addressed and would benefit Santa Rosa School greatly. Council discussion. MOTION: By Councilwoman Norris to approve Res. No. 127-86, seconded by Councilman Handshy; passed unanimously. MOTION: By Councilman Molina to read Ord. 140 by title only, seconded by Councilman Handshy; passed unanimously. Mayor Mackey read Ord. 140 by title. MOTION: By Councilman Handshy that this constitutes the first reading of Ord. 140 , seconded by Councilman Molina; passed unanimous- ly. COUNCIL RECESSED FOR FIVE-MINUTE BREAK AT 9 :35 P.M. 2. General Plan Amendment 2G-86/Zone Change 27-86 - 1200-1800 E1 Camino Real - City of Atascadero/Leonard Brazzi A. Public Hearing B. Proposed Resolution 128-86 - Approving Amendment to General Plan Land Use Map from Suburban Single Family to Retail Com- mercial 4 i C. Proposed Ordinance 141 - Amending the Official Zoning Maps from Residential Suburban to Commercial Tourist (FIRST READ- ING) Henry Engen, Commun. Devel. Director, gave staff report. Public Comment Ennis Ogorsolka, 1380 El Camino Real (Veterinary Hospital) , indicated he does not oppose (as he wrote to Mr. Engen on 9/8, letter in agenda packet) this proposal but is opposed to becoming surrounded by metal buildings. Council discussed zoning alternatives with staff. Tom McNamara, resident, spoke in favor of commercial zoning desig- nation for the entire strip (rather than spot zoning) , feeling the sewer limitation will eventually determine that designation anyway. Jack Stinchfield agreed with the comments of the previous speaker. Joe Grisanti , resident, agreed with the comments of the previous two speakers. Dean Harris, 18-year resident in the area under consideration, 1440 El Camino Real, spoke in favor of a commercial zoning designation. Bill Ring, 1375 E1 Camino Real, supports Mr. Brazzi' s proposal if it would fit in with a scheme, which isn' t evident at this time; he sup- ports planned development of the area. Rocky Russell, spoke in support of this proposal, feeling it won' t impact the downtown area nor tax the sewer system. Barbara Reiter, 10150 San Marcos Rd. , spoke of poor planning which has taken place in the past; she favors development which would be compat- ible with the residential across the street and that any zone changes should take place at the lot lines to the rear of the parcels. Shirley Moore, 8220 Curbaril, wonders why the area was zoned CT rather than CS, noting the limitation she once encountered on some Morro Rd. property when changing to a commercial use. Doug Nix, 4533 Yerba, encouraged Council to make a solid plan that won' t have to be changed again at a later time. Leonard Brazzi, applicant, who has resided on the subject property for 12 years, responded to a comment by the previous speaker clarifying that he did not just purchase it to change it to commercial use. Council further discussed allowable zoning alternatives with staff. 5 MOTION: By Councilman Handshy to approve Res. No. 128-86, seconded bjp Councilwoman Norris; passed 4:1, with Councilwoman Borgeso opposed. MOTION: By Councilman Molina to read Ord. 141 by title only, changing the zoning designation from CT to CS, seconded by Council- woman Norris; passed unanimously. Mayor Mackey read Ord. 141 by title (noting change) . MOTION: By Councilman Molina that this constitutes the first reading of Ord. 141, seconded by Councilman Handshy; passed unani- mously. 3. Status Report on Business Improvement Association (B.I.A. ) Mike Shelton, City Manager, introduced Kirk Pearson, B.I.A. President, who apprised the City Council of the workings of the B.I.A. to date, its status and progress. He noted three areas of focus: Physical development of the downtown area, improving business and Atascadero' s image. Joe Grisanti, business owner, submitted a proposal for developing a parking plan for the downtown area which seeks to alleviate the im- mediate downtown parking problem, provide an incentive to locate businesses off of El Camino Real and be a designing solution to allo both the Planning Dept. and the B.I.A. to look into parking alter natives for downtown. The proposal involved the possible purchase of a lot on Traffic Way between Wil-Mar Disposal and the old fire house (now Nostalgia) to be made into a parking lot, in addition to the lease of a 20 ' x 1401. strip abutting the Atas. Fire Dept. property for a proposed $1 per year, noting he has approached Chief Hicks who indi- cated it would not hinder the operations at the department. Mayor Mackey stated that Council will appoint a committee tonight and will get back to Mr. Grisanti within a week. C. UNFINISHED BUSINESS 1. Proposed Resolution 129-86 - Agreement between the City of Atas- cadero and the County of San Luis Obispo Relating to Transfer of Properties and Interest in Properties from Each Public Entity to the Other (Cont'd from 9/10/86) Mike Shelton, City Manager , gave staff report, summarizing and review- ing the text of the proposed agreement. MOTION: By Councilman Handshy to adopt Res. No. 129-86, seconded by Councilman Molina; passed unanimously by roll-call. i 6 • 2. Ad Hoc Committee Report - Faith Baptist Church, Bethel-Messer and Nelson, and Ordinance 24 Committee Status Report Council focused lengthy discussion on the function of ad hoc commit- tees. Councilman Handshy relayed the decision by the committee formed to make a determination regarding whether fees should be applied to the Faith Baptist Church project; it was determined that it was in the best interests of both entities not to require the fees. Mike Shelton, City Manager, urged Council to define the parameters of ad hoc committees and to clearly define their authorities, if any. MOTION: By Councilman Handshy to accept the committee' s recommenda- tions regarding Faith Baptist Church, seconded by Council- woman Norris; passed by unanimous roll-call. Mr. Grisanti spoke again regarding the parking proposal (see Item B-3) . Mr. Shelton expressed that it should be determined whether or not the B.I.A. concurs with Mr. Grisanti' s proposal and is recommending it to Council. Council concurred (with City Manager ' s suggestion) that the estab- lished committee - consisting of Councilwoman Borgeson, Mayor Mackey and members of both the B.I.A. and Chamber of Commerce - would be the appropriate committee to discuss Mr. Grisanti ' s proposal. Mr. Gri- santi was requested to be present at the next Council meeting and indicate which businesses support his proposal, and a cost-sharing formula can be reviewed at that time. A report from the committee will be brought back in two weeks. D. NEW BUSINESS 1. Resolution 123-86 - Council Approval for Match Funding with the School District for Crossing Guard at E1 Camino Real and Santa Rosa Streets Mike Shelton gave brief staff report. MOTION: By Councilman Molina to approve Res. No. 123-86 , seconded by Councilman Handshy; passed unanimously by roll-call. MOTION: By Councilman Molina to recess as Council and convene as Atascadero County Sanitation District, seconded by Council- woman Norris; passed unanimously. Discussion ensued which relates to the portion of Item C-2 regarding the ad-hoc committee decisions on the Bethel-Messer and Nelson sewer fee issues. 7 0 0 MOTION: By Director Molina that the Board accept the committee' s reo port & recommendation (to split the difference 50/50) , sec onded by Director Handshy; passed unanimously by roll-call. *A-2 (from Consent Calendar) Paul Sensibaugh, Pub. Works Director , gave brief staff report. MOTION: By Director Molina to approve Res. No. 126-86, seconded by Director Handshy; passed unanimously. MOTION: By Director Molina to adjourn as ACSD Board of Directors and reconvene as City Council, seconded by Director Handshy; passed unanimously. E. PUBLIC FORUM Greg Mann, Santa Rosa PTA President, thanked Council for their speedy action in the interest of student safety (relates to Item D-1) . Joe Grisanti made further comments regarding his proposal (Item B-3) . Doug Lewis, resident, asked for clarification of the types of commit- tees the Council and City have. Mike Shelton, City Manager responded, and Mayor Mackey stated that staff would prepare a report summarizin(S committees. Joe Knyal, resident, inquired if the City Attorney position interviews are open to the public; Mike Shelton responded that they are, inter- views of 8 individuals are set to commence (at 45 min. intervals) at 9:30 a.m. on 11/14 and are expected to end at about 5: 00 p.m. Doug Nix, 4533 Yerba, expressed concern about the Council' s earlier discussion and actions relating to ad-hoc committees, reiterating his understanding that committees are advisory only. F. INDIVIDUAL TION DETERMINATION AND/OR ACTION C City Council - Councilwoman Norris inquired (relating to Public Forum comments at beginning of meeting) what' s going to be done about the Building Department. Mr. Shelton, City Mgr . , responded that staff will meet with representatives of the City/Contractor ' s Assn. to discuss the problem and report back the outcome of their meeting to Council. Councilwoman Norris also requested further investigation (perhaps Grand Jury) into the APD incident mentioned at the beginning of the meeting (see Public Forum) ; Council requested a staff report on the APD' s policy in DUI situations. 8 • • • Councilman Molina expressed comments regarding this Council' s policy structure and Council discussion ensued. City Clerk - Boyd Sharitz expressed he didn' t appreciate Mayor Mackey' s newspaper article apologizing for the length of the protest hearing on Oct. 27 because of Mr. Sharitz reading the many protests received; Mayor Mackey clarified that it wasn' t directed at him, but rather a further explanation to the public that it was in fact nec- essary. City Manager - Mike Shelton clarified Council direction to staff related to Councilwoman Norris' s comments and concerns, above. MEETING ADJOURNED AT 12:10 A.M. TO A SPECIAL OPEN COUNCIL MEETING IN THE CITY MANAGER'S OFFICE, ROOM 207, ON FRIDAY, NOVEMBER 14, 1986, FOR THE PURPOSE OF INTERVIEWING FOR THE CITY ATTORNEY POSITION. MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY: CINDY WILKINS, Deputy City Clerk 9 i` November 24, 1986 To All Council Members: The breakdown detail on all accounts is available for your viewing in the Finance Department. D vi r ensen Admin. Se vices Director 3 J' 9 CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT OCTOBER 1, 1986 TO OCTOBER 31, 1986 BALANCE AS OF SEPTEMBER 30 , 1986 63, 535.38 DEPOSITED BY TREASURER, SEE RECEIPTS, TREASURER'S REPORT, PAGE 1 744,012.82 TOTAL 807,548 . 20 HAND CHECK REGISTER DATED 10/31/86 121,405. 35 CHECK REGISTER DATED 10/03/86 85,600.33 CHECK REGISTER DATED 10/10/86 43 ,399. 86 CHECK REGISTER DATED 10/17/86 158,127.30 CHECK REGISTER DATED 10/22/86 67 ,117 . 24 CHECK REGISTER DATED 10/31/86 67,203.13 EXPENSE LISTING 227 , 312. 79 TOTAL 770 ,166.00 BALANCE AS OF OCTOBER 31, 1986 37, 382.20 PETTY CASH 540. 00 TREASURY INVESTMENTS SEE TREASURER' S REPORT, PAGE 2 1,690 ,000.00 TOTAL 1,727 ,922.20 I, DAVID JORGENSEN, do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof, in the City Treasury. _ t DATED: November 24, 1986 DAVID' JMGINSEN Admin. t4erpces Director 4 CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT OCTOBER 1, 1986 TO OCTOBER 31, 1986 EXPENSE LISTING PAYROLL DATED 10/01/86 CHECKS #37402-37531 78,790.08 PAYROLL DATED 10/15/86 CHECKS #37551-37656 75,583.01 PAYROLL DATED 10/29/86 CHECKS #37657-37760 79,859 . 26 VOID CK#31558 CK. REG. DATED 09/26/86 (130.00) VOID CK#31589 CK. REG. DATED 10/03/86 (5,176 .40) VOID CK#31603 CK. -REG. DATED 10/03/86 (200.00) VOID CK#31492 CK. REG. DATED 09/26/86 (227 .48) VOID CK#31529 CK. REG. DATED 09/26/86 (78.16) VOID CK#31547 CK. REG. DATED 09/26/86 (108.00) VOID CK#31670 CK. REG. DATED 10/03/86 (522. 50) VOID CK#31949 CK. REG. DATED 10/22/86 (245.09) VOID CK#30375 CK. REG. DATED 06/27/86 (231.93) TOTAL 227,312. 79 5 CITY OF ATASCADERO TREASURER'S REPORT OCTOBER 1, 1986 TO OCTOBER 31, 1986 RECEIPTS TAXES Property Tax 32,774.78 Cigarette Tax 4,553.89 Motor Vehicle "In Lieu 44,459 39 Sales Tax 78,000.00 Franchise Tax 2,762.19 Livestock-Head Day. Tax 115.92 Occupancy Tax 29,885.84 Development Impact Tax 7,784.-50 LICENSES/PERMITS/FEES 45,456.93 REVENUE SHARING 30,881.00 GAS TAX 63,334''.48 DEVELOPMENT FEES 8,698.19 PARKS & RECREATION FEES 15,338.29 LOCAL AGENCY INVESTMENT FUND 160,000.00 • TRANSPORTATION SB-325 84,602.25 TRAFFIC SAFETY 6,580,38' MISCELLANEOUS 911 Funds 297.90 Traffic Safety Officer 12,358.06 Zoo Reserve 100.00 Sale Maps/Publications/Reports 1,672. 20 Special Police Services 87. 00 Fines & Penalties 608.00 Planning Permit Deposits 5,325-02 Bails/Bonds 145.00 4 Reimbursement to Expense '' X09.67 "r�'_ P.O.S.T. 963.31 Business Improvement Assn. Tax -0- Investment Earnings 35,499.05 Overages & Shortages 2.75 Performance Bond 1, 000. 00 Rents/Concessions 271. 30 Refunds 1,312.25 Sanitation Reimbursement 68, 233. 28 TOTAL 744, 012.82 • 1 CITY OF ATASCADERO TREASURER'S REPORT OCTOBER 1, 1986 TO OCTOBER 31, 1986 INVESTMENTS LOCAL AGENCY INVESTMENT FUND $1,690, 000.00 _ TOTAL INVESTMENT DEPOSITS $1,690,000.00 i Charles Bourbeau City Treasurer 2 (REVISED) ETING AGENDA M E M 0 R A N D U M TE ITEM # November 21 , 1986 To : City Council Via: Mike Shelton, City Manager From: Bob Best , Parks and Recreation Director Subject : California Parklands Act of 1986. INTRODUCTION As a result of the passage of Proposition 43 in June 1986 , the City of Atascadero will be eligible to receive funding for im- provement of recreational facilities . Under the California Park- lands Act of 1986 ( its official name) , the City is eligible for $54 ,000 . BACKGROUND Grant funds may be expended only for land acquisition, develop- ment or rehabilitation of park, recreation or historical facilities. Operation and maintenance expenditures are not authorized. With the Passage of Proposition 43 , I have discussed the poten- tial use of these funds with the Parks and Recreation Commission. The Commission believes , and I concur, that the number one concern at this time is the rehabilitation of the Traffic Way Softball Fields This would allow the continued usage of this facility by the youth of Atascadero. My initial recommendation to Council was to approve the appli- cation for grant funds for Traffic Way Fields Improvement Project . However, some concerns were expressed that we may not have provided enough opportunity, through the public hearing process at the Com- mission level , for interested citizens to provide their input con- cerning the project selected. While the Commission and myself do ` not necessarily agree , it_ is, our desire to make certain everyone has the opportunity of voicing their opinion to the Commission before a recommendation is made to Council concerning a specific project . At this time, the California State Department of Parks and Recreation is requesting two items : 1) A resolution approving the application for grant funds . The project title may, at this time , be very general in nature. 2 ) A statement from the City notifying the State of anticipated . grant requests for FY 1987-88 and 1989-90. This is simply - a- title and an amount of funds we will request in 1987-88. Page 2 RECOMMENDATION Adopt Resolution No . 118-86 , approving the application for grant funds for Atascadero Youth Sports Complex Development under the Community Parklands Act of 1986. At a later date a recommendation will be made to Council con- cerning specific details fon the project . What is needed at this time , however, is that the City notify the state we do want the grant funds in 1987-88. The state will , at a later date , ask for project specifics. As the application deadline is December 12th, it is important for Council to approve the application now in order to receive funds in FY 1987-88 . If not , it will be late 1988 before grant funds will again be available. FISCAL IMPACT The passage of Proposition 43 guarantees the City of Atascadero $54 ,00 with no matching requirement . Regardless of the type of pro- ject selected, costs can be controlled by dividing the project ,into phases according to costs . This enables the City to develop the facilities in relation to available funding. Two youth organizations have volunteered to assist the department in facility construction,.;_ and this will dramatically increase what can be completed with avail- able funds. • (REVISED RESOLUTION NO . 118-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING THE APPLICATION FOR GRANT FUNDS ATASCADERO YOUTH SPORTS COMPLEX DEVELOPMENT PROJECT WHEREAS , the people of the State of California have enacted the Community Parklands Act of 1986 , which provides funds to the State of California and its political subdivisions for acquiring and de- veloping facilities for public recreational and historical purposes; and WHEREAS , The _State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state , setting up necessary procedures governing appli cation by local agencies under the program; and WHEREAS , said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the state ; and WHEREAS , said application contains assurances that the applicant must comply with; and WHEREAS , the applicant agency will enter into an agreement with the State of California for acquisition, . development , rehabilitation or restoration of the project ; NOW, THEREFORE , BE IT RESOLVED that the City Council of Atascadero hereby: 1 . Approves the filing of an application for Community Parklands Act of 1986 state grant assistance for the above project ; and 2 . Certifies that said agency understands the assurances and cer- tification in the application form; and 3 . Certifies that said agency has or will have sufficient funds to operate and maintain the project ; and 4 . Certifies that said- agency will complete the p-roject withirr three`- years from date of approval by the state ; and 5. Appoints the Director of Parks and Recreation as a en of the City of Atascadero to conduct all negotiations , ex cute and submit all documents including but not limited to applications , agreements , amendments , payment requests , and so on , which may be necessary for the completion of the aforementioned project . ON:.MOTION BY Councilmember and seconded by Councilmember , the Atascadero City Council hereby adopts the foregoing resolution in its entirety by the following roll call vote : AYES : NOES: ABSENT: ADOPTED: ATTEST: BOYD C. SHARITZ , City Clerk MARJORIE R. MACKEY, Mayor APPROVED AS TO FORM: ROBERT M. JONES , City Attorney APPROVED AS TO CONTENT: MIC4i'An B. SHE ON, City Manager ING AGTIDA DRTa.z Z UEM# • MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager A,9&, FROM: Paul Sensibaugh, Director of Public Works SUBJECT: Dial-A-Ride Out-of-Contract Services DATE: November 18, 1986 Recommendation It is recommended that Council approve the out-of- contract services proposed below. Background This near, the local christian corm- unity (C.A-R.F.. ) are requesting that the City donate a Dial-A-Ride bus and driver • to transport people to the free Thanksgiving Dinner to ,be held on November 27th at Atascadero Lake Park. The City provided this , service last year at a cost to the City of $41.40 and provided rides for 12 people. The second request is for the New Year ' s Eve service providing the "Tipsi Taxi" . This service provides free rides home for people who do not wish to drive. Discussion Both of these services have been provided in the past and have been considered successful. Fiscal Impact Y " The cost to the City for out-of-contract services from Community Transit will be approximately $100. 00 to be paid out of transit monies. AGENDA i DA ' / Z g� t i EM 'S� TO: City Council Members November 24, 1986 FROM: Mike Shelton City Manager SUBJECT: DESIGNATION OF EXEMPT EMPLOYEES - FAIR LABOR STANDARDS ACT RECOMMENDATION Adopt Resolution 130-86 designating certain City employee positions exempt from the provisions of the Fair Labor Standards Act. DISCUSSION Recently enacted Fair Labor Standards Act allows organizations to exempt certain classes of Management, Administrative, Supervisory, and Professional positions from overtime provisions of the Fair Labor Standards Act. In accordance with the guide— lines of the Act, the attached listing se-ryes to formally declare certain City employee positions exempt. • FISCAL IMPACT Exempting qualified classifications from the Fair Labor Standards Act exempts Managerial and Professional positions from record keeping and overtime pay practice requirements. MS:kv File: MFLSA y, • RESOLUTION NO. 130-86 RESOLUTION OF THE ATASCADERO CITY COUNCIL EXEMPTING CERTAIN EMPLOYEE CLASSIFICATIONS FROM THE PROVISIONS OF THE FAIR LABOR STANDARDS ACT _ WHEREAS, the City is directed to follow guidelines established in the Federal Fair Labor Standards Act; WHEREAS, one of the requirements is to establish employee classifications that are exempted from the provisions of the Fair Labor Standards Act; NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby exempt the employee classifica- tions specified in the attached memo from the provisions of the Fair Labor Standards Act. • On motion by Councilperson and seconded by Councilperson __ _ the foregoing resolution } is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA By: MARJORIE R. MACKEY, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: ROBERT M. JONES, City Attorney MEMORANDUM To: City Manager From: David Jorgensen Date: November 13, 1986 Subject: Fair Labor Standards Exemptions It is my suggestion that the following positions be officially, (by Council action) exempted from the provisions of the Fair Labor Standards Act: City Manager Police Department Chief Lieutenant Support Services Coordinator Fire Department Chief Batttalion Chief Captain Fire Marshall Administrative Services Director Accounting Supervisor Public Works Director Superintendent Supervising Maintenance Worker Senior Civil Engineer 3 Community Development � - Director Chief Building Inspector Senior Building Inspector Senior Planner Plan Check Engineer Associate Planner Assistant Planner Recreation Director Recreation Supervisor Zoo Curator file• " flsaxmpt CEETNGAG`TiDA T /� Z IT /f � EM � M E M O R A N D U M TO: City Council November 24 , 1986 VIA: Michael Shelton, City Manager \ FROM: Henry Engen, Community Development Director SUBJECT: Acceptance of Final Parcel Map 15-86 LOCATION: 12040/12100 San Marcos Road APPLICANT: Rex Hendrix (Twin Cities Engineering) On July 14, 1986 the City Council approved Parcel Map 15-86, sub- ject to certain conditions and in concurrence with the recommen- dation of the Planning Commission. The required conditions have been complied with and the final map is recommended for approval. HE:ps cc: Rex Hendrix Twin Cities Engineering Y � 4.1 wU h 2 tig�lo� oe ;o ! cc``aa W Wa � Z - _ s t 13 ov it ri ----- - 1 L / L-7- IV b VV -;�'7c4 ��gIttxg �� n ING �r AGENDA DA ITEM# /7 M E M O R A N D U M TO: City Council November 24, 1986 VIA: Michael Shelton, City Manager �( FROM: Henry Engen, Community Development Director SUBJECT: Lot Line Adjustment 12-85 (Re-affirmation of prior approval) 9250 Santa Lucia - Hawkins BACKGROUND: The Atascadero City Council, at their regular meeting held October ry 13, 1986, approved and accepted Final Lot Line Adjustment 12-85- : The final map was subsequently signed by the City Clerk and delivered to .. the San Luis Obispo County Recorder ' s Office for recording. Because the recorder ' s office did not receive the necessary map guarantee from the title company within the 10 day period now required by State law, the map was rejected and returned to the City of Atascadero. Section 66.466. of the Subdivision Map Act requires that the map be again placed on the agenda before the legislative body. The Council may rescind its approval of the map unless the applicant can show that__ the basis for the rejection by the County Recorder has been removed This map was rejected by the recorder because it was not accompanied by the subdivision guarantee from the title company. The applicant has since provided the City with a copy of this guarantee as evidence that they have corrected the deficiency in the recorder ' s requirements. RECOMMENDATION: This final map is recommended, for approval based on the evidence,--pr.o- vided by the applicant that the basis for rejection by the County Recorder has been removed. MM:ps ATTACHMENT: Exhibit A - Subdivision Guarantee Original staff report to City Council i SUBDIVISION GUARANTEE CLTA Guarantee Form No.14 SUBDIVISION GUARANTEE • Lauyers Title Insurance Corporation a corporation GUARANTEES Subdivision: AT 85--309 Fee: $200.00 No: 36782 The County of SM UAS Cdispo and any City within which said subdivision is located in a sum not exceeding$1000.00. That, according to those public records which under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision,the only parties having any record title interest in said land whose signatures are necessary,under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads,avenues and other easements offered for dedication by said map are: MIS HAWKM, S[IZAN HAMMIS, RICIN HAVOC=, JEAN H1 MM S, RLCK L. MMUM ASID SUSAN The map hereinbefore referred to is a subdivision of. SES ATTACM EXH113ST A. IN WITNESS WHEREOF, the Company has caused this guarantee to be signed and sealed,to be valid when countersigned by an authorized officer or agent of the Company, all in accordance.with its By-Laws. Dated: as of ta .. users Title Insurance Corporation Countersigned by: Authori4Id.Officer or Agent �//�^N `•W+4/�.QV\, L iiY7rm 11= p President Issuing Office • P. O. BOK 899 Atasca&xo, CA. 93423 Attest: n„ Branch Office or Agent's Address ' V 466-5200 Secretary Phone Number 061-3-0I4-000OL , l ORDER#36782 EXHIBIT A ALL OF THE SOUTHWEST PORTION OF LOT 42 IN BLOCK 16, MAP OF ATASCADERO COLONY, IN THE CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF SANTA LUCIA ROAD, SAID POINT OF BEGINNING COMMON TO LOTS 41 AND 42 IN BLOCK 16, AND IS ALSO THE SOUTHWEST CORNER OF .LOT 42, BLOCK 16. THENCE FROM THE POINT OF BEGINNING RUNNING ALONG THE WESTERLY LINE OF LOT 42, BLOCK 16 NORTH 22 DEGREES 001 WEST, 610. 46 FEET TO A POINT, THENCE NORTH 68 DEGREES 00' EAST, 125. 00 FEET TO A POINT, THENCE SOUTH 22 DEGREES 001 EAST, 576. 62 FEET TO A POINT ON THE CENTER LINE OF SANTA LUCIA ROAD IN A SOUTHWESTERLY DIRECTION ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 12 DEGREES 581 30" WITH A RADIUS OF 573. 10 FEET, AND FOR A LENGTH OF - 129. 73 FEE OT THE POINT OF BEGINNING. THAT PORTION OF LOT 42 IN BLOCK 16 OF ATASCADERO COLONY, IN THE CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF ATASCADERO COLONY, RECORDED IN BOOK 3, PAGE 15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 42; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT, SOUTH 22 DEGREES 00' EAST 322. 00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 68 DEGREES 00' WEST 50. 00 FEET; THENCE PARALLEL WITH THE NOTHEASTERLY LINE OF SAID LOT SOUTH 22 DEGREES 00' EAST 172. 60 FEET; THENCE SOUTH._68 DEGREES 00' WEST 115. 88 FEET `TO_ THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO ROBERT- A. .- GREENMAN AND WIFE, RECORDED AUGUST 16, 1960 AS INSTRUMENT NO. 17113, IN BOOK 1079, PAGE 478 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND OF GREENMAN, SOUTH 22 DEGREES 001 EAST 404..02 FEET TO THE CENTERLINE OF SANTA LUCIA ROAD, AS SHOWN ON SAID MAR; THENCE ALONG SAID CENTER LINE, FROM A TANGENT LINE BEARING NORTH 46 DEGREES 21' 30" EAST, NORTHEASTERLY ALONG A CURVE-, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 573. 1 FEET, THROUGH A CENTRAL ANGLE OF 1 DEGREE 01' 30", AN ARC DISTANCE OF 10. 25 FEET; THENCE CONTINUING ALONG SAID CENTER LINE, NORTH 45 DEGREES 20' EAST 169. 47` FEET . TW THE MOST EASTERLY -CORNER OF SAID `00T 42; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 42, NORTH 22 DEGREES 001 WEST 507. 42 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE LINES OF SANT LUCIA ROAD, AS SHOWN ON SAID MAP. 49'E T-'N�310/13/86AGFNDAA - 19 ATI: ITEM # M E M O R A N D U M TO: City Council October 13, 1986 VIA: Michael Shelton, City Manager �1 FROM: Henry Engen, Community Development Director SUBJECT: Acceptance of Final Lot Line Adjustment 12-85 LOCATION: 9250 Santa Lucia APPLICANT: Mike Hawkins (Cuesta Engineering) On January 27, 1986 the City Council approved Lot Line Adjustment 12-85 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: Mike Hawkins Cuesta Engineering F5. / 1 ' o,- w 0 N l - 4 Q �� _ W midi �� � �: � •�o� 3 �a W' • .SE'tvf MGC llM __ l� PILE/ l� y 09'IL/ TC-Rfm Y QI Q�o Jn/)!07 031Tit7gAM -- r 8 cz� \ci �1 LV'f6I6S 061 'J . • 9fsPt •• M,Gn,11n jtl1 j FETING -`` AGENDA ATEA ITEM �`f ! M E M O R A N D U M TO: City Council November 24, 1986 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director , SUBJECT: Lot Line Adjustment 9-86 LOCATION: 11255 and 11305 San Marcos Road - - APPLICANT: Brian Lindner (Cuesta Engineering) REQUEST: To adjust the property line between two existing lots of record. On November 3, 1986, the Planning Commission considered the above- referenced matter on its consent calendar, unanimously approving the-=• lot line adjustment request subject to the findings and conditions contained in the attached staff report. There was brief discussion among the Commission concerning this item. There was no public testimony given. v HE:ps r cc: Brian Lindner Cuesta Engineering City of Atascadero Item: A-3 STAFF REPORT FOR: Planning Commssion Meeting Date 11/3/86 BY: PSteven L. DeCamp, Senior Planner File No: LLA 9-86 A Project Address: 11255 and 11305 San Marcos Road SUBJECT: Request to adjust the property line between two existing lots of record. A. LOCATION: 11255 and 11305 San Marcos Road (Lots 7, 8, Block 60) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . .. .Adjustment to lot lines between two existing lots. 2. Applicant. . . . . . . . . . . . . . . . . . . .Brian Lindner 3. Representative. . . . . . . . . . . . .,—Cuesta Engineering 4. Site Area. . . . . . . . . . . . . . . . . . . .9 .10 acres 5. Streets. . . . . . . . . . . . . . . . . . . . . .San Marcos Road is paved to City standards and has a 40 foot. right-of-way. 6. Zoning. . . . . . . . . . . . . . . , . . . .RS (Residential Suburban) 7. Existing Use. . . ... . . . . . . . .. . . .Vacant 8. Adjacent Zoning. . .. . ... . . . . .. . . .North: RS South: RS East: RS - West: RS 9. General Plan Designation. . . . .Suburban Single Family 10. Terrain. . . . . . . . . . . . . . . . . . . . . .Steep 11. F,Environmental Status. . . . . . . . .Categorically Exempt (Class 5) . Lot Line Adjustment 9-86 (Brian Lindner/Cuesta Engineering) C. ANALYSIS• The subject property is located in the RS (Residential Suburban) zone. Minimum lot size in this zone ranges between 2. 5 and 10 acres depending upon the outcome of the various performance stand- ards. For this particular case, the minimum lot size criteria are: Distance from center (16,000-18,0001 ) 0. 60 Septic suitability (well-suited) 0. 50 Average slope (31-35%) 1. 75 Condition of access (paved) 0 .40 General neighborhood character (4.10 acres) 0. 82 Minimum lot size: 4.07 acres The parcels proposed for this lot line adjustment are in confor- mance with the required minimum lot size. The proposed lot line adjustment would make the parcels 4. 08 acres and 5. 02 acres. The subject parcels are both currently vacant. It is staff' s de- termination that the adjustment of the property line will provide_ .,., building sites which will be appropriate for single family devel- opment with on-site waste disposal systems. The proposed map, as presented, complies with City policies and standards. D. RECOMMENDATION Staff recommends approval of Lot Line Adjustment 9-86 based on the Findings in Exhibit C and the Conditions in Exhibit D. MM:ps ATTACHMENTS: Exhibit A - Location and Zoning Map Exhibit B -, Proposed Lot Line Adjustment .Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval ' _ 2 REX4151-1 A S LLA 9-86 RS L(FH) RS = �PUE ITO 0 1 ,l Ae TLIPE" —1 - - - AD r R R ItZ55 /113o5 `5a„ Mztrco'5 2.� Q► / 0 OR ; '► 0 0 cr IMS 4` \ 900 dt v �xt�� 6t7 g Ai J f'IM NYS LLA 9-8(v d a nCN t� JC.' er 05N07 I I • o G 33/3' loos •camC y Z OoF�a � o a 1 Ho ,a' �J a onnZti� �► 20� gA.O ti! �.° a C T�T22 T�4 , • • i Lot Line Adjustment 9-86 (Brian Lindner/Cuesta Engineering) EXHIBIT C - Lot Line Adjustment 9-86 Findings for Approval November 3, 1986 FINDINGS 1. The application as submitted has been determined to be categori- cally exempt from the requirements of the California Environmental Quality Act. 2. The application as submitted conforms with all applicable zoning, General Plan and subdivision regulations of the City of Atascadero 3 /A_ Lot Line Adjustment 9-86 (Brian Lindner/Cuesta Engineering) EXHIBIT D - Lot Line Adjustment 9-86 Conditions of Approval November 3, 1986 CONDITIONS OF APPROVAL: 1. The lot line adjustment as generally shown on the map attachment provided herein shall be submitted in final map format or reflec- ted in a record ._of,_ survey to be approved by the Community Develop- ment Department prior to recordation by the County Recorder ' s Office. 2. The proposed adjusted lot lines shall be surveyed and monuments set at the new property corners prior to recordation of the final map or record of survey. 3. If a final map is to be recorded, all existing and proposed - ease- ments shall be delineated thereon. 4. Approval of this lot line adjustment shall expire two years from the date of approval unless a time extension has been granted pur- suant to a written request prior to the expiration date. 4 WF=N Z / AGBNt?A EM M E M 0 R A N D U M i TO: City Council November 24, 1986 VIA: Michael Shelton, City Managers FROM: Henry Engen, Community Development Director .�• SUBJECT: Tentative Tract Map 30-86 LOCATION: 8375 Amapoa APPLICANT: George Salmeron (Cuesta Engineering) REQUEST: Creation of six residential air-space condominiums. On November 3, 1986, the Planning Commission conducted a public hear- ing on the above-referenced matter unanimously approving the request subject to the findings and conditions contained in the attached staff.- report. There was brief discussion among the Commission concerning provisions • for adequate on-site parking for the project. John Falkenstien, representing the applicant, stated that Amapoa has-- been paved, the curbs are in, and `the applicant will have the neces- sary sidewalks installed in conjunction with the project. He . 'noted his agreement with the recommendation. There was no public testimony given. HE:ps cc: Brian Lindner - • Cuesta Engineering ,;_ µ -- j� City of Atascadero Item: B-3 • STAFF REPORT FOR: Planning Commission Meeting Date: 11/3/86 BY: O Steven L. DeCamp, Senior Planner File No: TTM 30-86 Project Address: 8375 Amapoa SUBJECT: Creation of six residential air-space condominium units on a 0.37 acre site. BACKGROUND: Notice of public hearing was published in the Atascadero News on Fri-- -- day, October 24, 1986. All property owners of record located within 300 fet of the subject property were also notified on that date.'- A. ate.`A. LOCATION: 8375 Amapoa .,(Lot 29, Block DC) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . . . .Creation of six residential air- space condominiums. 2. Applicant. . .l. .George Salmeron 3. Representative. . . . . . . . . . . . . . .Cuesta Engineering 4. Site Area. . . . . . . . . . . . . . . . . . . .0.37 acres 5. Streets. . . . . . . . . . . . . .. " ' ma oa--unim roved street with a 40 oot right-of-way 6. Zoning. . .. . . . . . . . . . . . . . . . . . . .RMF/16 (FH) - Residential Multi- ple Family, 16 units/acre (flood hazard overlay) 7. Existing Use. . . . . . . . . . . . . . . . .Vacant 8. Adjacent Zoning. . . . . . . . o . . . . .North: RMF/16 (FH) South: RMF/16 (FH) East: RSF-Y(FH) West: CP (PD3) (FH) 9. General Plan Designation. . . . .High Density Multiple Family :1_ 10. Terrain. . . . . . . . . . . . . . . . . . . . . .Flat 11. Environmental Status. . . . . . . . .Categorically Exempt (Class 1) 0 Tentative Tract Map 30-86 (George Salmeron/Cuesta) C. ANALYSIS: This application proposes the creation of six residential air- space condominiums. The project consists of the conversion of a planned multiple family structure to individual ownership. Thus, each residential unit will be individually owned, and parking and other open areas will be owned in common. This project was previously reviewed and approved under the pre- cise plan (PP 36-86) and building permit processes. All public improvements that would normally be required at the time of tract map approval have been secured or conditioned as part of these prior approvals. Tentative tract map approval will not affect the imposition of those requirements. The conversion of the project to a condominium does not present any substantial planning issues of concern to staff. D. RECOMMENDATION: Staff recomends conditional approval of Tentative Tract Map 30-86 based on the Findings in Exhibit D and the Conditions of Approval in Exhibit E. SLD:ps ATTACHMENTS: Exhibit A - Location and Zoning Map Exhibit B - Tentative Tract Map Exhibit C - Precise Plan Conditions of Approval Exhibit D - Findings for Approval Exhibit E - Conditions of Approval 2 n,' . � IMP s► IM IME Wr �\►�;���ii' . ,.. I. � / Ili \ �" Xd lit 34 PRO do ■ VAN ,a ■ � 1 C-��}i ►3�r � - 1 o � C � Z � ti 1 1 L a 2 t e .. $ O N N s 3 . O c 0 2 4 N 1 ` .1 II C C c = z i H ol`^�czZ y app I •0 7 � _ � � p ���p tp^ n° m � \ tt1 ~T2 ryA 21 2a2 i7 c P,- P!a Coneto o� Apr �► EXHIBIT C Conditions of Approval Precise Plan 37-86 8375 Amapoa (Salmeron/BC Drafting/Design) 1. All construction shall be in conformance with Exhibit B (site plan Exhibit C (conditions of approval) and all other applicable codes and ordinances of the City of Atascadero. Any modification to this approval shall be approved by the Community Development De- partment prior to implementing any changes. 2. Complete landscape and irrigation plans require approval by the Community Development Department prior to the issuance of build- ing permits. The submitted preliminary landscape plans are gen- erally complete. Irrigation methods need to be shown on the plans. 3. Parking areas which abut an adjacent residential area shall be screened with solid fencing six feet in height and a five foot wide landscaped strip. Six foot fencing, however , is not _ allowed_- in the 25 foot front setback . Three feet high fencing is the min- imum height in this area. 4. Road improvement plans, prepared by a registered civil engineer , must be submitted to and approved by the Public Works Department prior to issuance of building permits. These shall include the_ construction of five foot sidewalk and paveout along Amapoa to a width of 18 feet from the centerline to curb face. These ` road improvements shall be completed or bonded for prior to final in spection. Upon approval by the Public Works Director , the proper- ty owner may enter into a deferral agreement for the improvements of Amapoa. 5. The applicant shall obtain an encroachment permit from the Public Works Department. An inspection agreement shall be signed, guar- anteeing that the work will be done and inspections paid for , prior to the issuance of a -building permit. These improvements; as directed by the encroachment permit, shall be: ,;,done prior to final building inspection. 6. A grading and drainage plan, prepared by a registered civil engin- eer , shall be submitted to and approved by the Community Develop- ment and Public Works Departments prior to ;ssuance of a building permit. The finish floor elevation shall be one foot above the water surface elevation based on a 100 year flood. 7 . All grading and drainage improvements shall require written certi- ficatlon by a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 8. - The applicant shall obtain a sewer connection permit from the Pub- lic Works Department prior to hooking up to the sewer. 3 9. A sewer connection fee of $533. 00 per dwelling unit shall be due in addition to the usual connection, tap-in and installation fees, prior to issuance of any building permits. 10. The property owner shall enter into an agreement with the City, acceptable to the City Attorney, to participate in the formation of an assessment disrict for drainage and related improvements in- tended to mitigate flooding in the Amapoa/Tecorida drainage area and in those areas impacted by that drainage. 11. The applicant . shall participate in eliminating a portion of the flood hazard to the property by posting a performance security in the amount of $10 ,029/acre with the City, to be used for drainage improvement project for channelizing the outflow from Atascader© Lake to Atascadero Creek . In the event that a future assessment district is formed for the area drainage improvements 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. 12. This precise plan is approved for a period of one year from the date of final approval (July 17, 1986) . r 4 Tentative Tract Map 30-86 (George Salmeron/Cuesta) EXHIBIT D - Tentative Tract Map 30-86 Findings for Approval November 3, 1986 1. The creation of these parcels conforms to the Zoning Ordinance and the General Plan. 2. The creation of these parcels is categorically exempt from the provisions of the California Environmental Quality Act (Section 15301. (k) ) . 3. The site is physically suitable for the type of development that is proposed. 4. The site is physically suitable for the density of development that is proposed. 5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision and the type of improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of, the State Subdivision Map Act as to methods of handling and discharge of waste. 3 r 0 Tentative Tract Map 30-86 (George Salmeron/Cuesta) EXHIBIT E - Tentative Tract Map 30-86 Conditions of Approval November 3, 1986 CONDITIONS OF APPROVAL: 1. The applicant shall establish Covenants, Conditions, and Restric- tions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings. a. These CC&Rs shall be submitted for review and approval by the City Attorney and Community Development Department prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Homeowners Association. 2. The open space (lot 1) shall be designated as a Public Utilities Easement. 3. Submit a soils report or engineer ' s certification that existing soils on the site are adequate to support proposed structures per Chapter 70, subsection (e) of the Uniform Building Code. 4. The applicant shall offer for dedication to the City of Atascadero a ten (10) foot wide drainage easement along the entire length of the eastern boundary of the property. Said offer of dedication shall be made prior to or simultaneously with recording the •:final map. 5. Provide an engineered grading and drainage plan prior to the issu- ance of building permits. 6. Provide on-site drainage improvements to include a concrete lined channel or approved alternative acceptable to the City Engineer within the drainage easement. Credit for the cost of drainage improvements, as determined -by the City Engineer , .shall be deduces ted from the Amapoa/Tecorida Drainage Fee. 7. A final map, in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners ,_have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 4 Tentative Tract Map 30-86 (George Salmeron/Cuesta) b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. 8. All conditions imposed on the project by Precise Plan 37-86 and building permits shall be satisfied prior to recording the final map. 9. 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. 5 r JITEET!%� #AGENDA -/ M E M O R A N D U M TO: City Council November 24, 1986 VIA: Michael Shelton, City Manager FROM: Henry. Engen, Community Development Director »? SUBJECT: Public Hearing: Final Grantee Performance Report Community Development Block Grant: 95 unit Senior Citizens Housing Project at 10165 E1 Camino Real (Judy and Ed Young) BACKGROUND: As a condition of the Community Development Block Grant for this pro- ject, the City is required to conduct a final public hearing prior to close-out. CHRONOLOGY OF PROGRAM ACTIVITIES: The attached August 26, 1985 memorandum summarizes the program activi- ties through that date. Since then, the following have occurred: September 9, 1985 City Council requested the close-out time for pro- gram activities be extended to March 31, 1986 . The State Depart- ment of Housing and Community Development (HCD) subsequently ad-__ vised that the complete close-out should be accomplished by Decem- ber 31, 1986. October 14, 1985 - Council authorized request to the State Department of Housing and Community Development to revise the program activi- ty description to enable the expenditure of $44 ,357.30 for water lines and fire hydrants_ This money was to be expended out of monies not needed for site acquisition. September 24, 1986 - Building. occupancy authorized. Pending - Final building permit. .- ., FISCAL ANALYSIS: The following is a summary of the status of funds authorized and ex- pended under C.D.B.G. Program: Budget Expended Remaining General Administration $ 15, 000 $ 7,769 $ 7,231 Property Acquisition Appraisal 1, 500 1, 500 0 Land Acquisition 532, 000 532,000 0 Water Lines and Hydrants 45,500 44 ,357 1,143 Audit- 6, 000 750 5, 250 Total Project: �600 '00a— $586,'3T6— $13,624 _ Re: Final Grantee 0formance Report (CDBG) BENEFIT TO TARGETED INCOME GROUP ISSUE: The grant was conditioned on a requirement that the benefiting seniors would have incomes not exceeding 80% of the County' s median income. HCD-has approved a certification form proposed by the City, but Calif- ornia Manor is proposing an alternative form. This issue will be re- viewed in the course of a state monitoring visit scheduled with the City and developers on November 20th, and the results will be verbally reported to the City Council on November 24th. ACTION REQUIRED: Open the hearing to the public to receive testimony with respect --to the project for the Council's and Department of Housing and Community Development' s information towards the end that the project has com- plied with its intent to provide housing for low and moderate income senior citizens in the City of Atascadero. HE:ps Enclosure: August 26, 1985 Staff Report cc: Ed and Judy Young 2 -:a M E M O R A N D U M TO: City Council August 26, 1985 VIA: Michael Shelton, City Manager FROM: Henry, Engen, Community Development Director RE: Community Development Block Grant - Annual Report and consider- ation of amendments to agreement RECOMMENDATION. r Following completion of public hearing, - direct staff to request a time extension for the completion of the senior citizens congregate housing community development block grant to September 30, 1986' and request for further amendment to the grant agreement to enable funding of a 1,470 foot, six inch water line and five fire hydrants. BACKGROUND: = As _a condition of the 198__4_Community Development Block Grant for the 95 unit senior citizen housing project at 10165 E1 Camino Real (Judy and Ed Young) , the City is required to conduct a public hearing rela- tive to progress on the program. In addition, representatives o.f `Cal- ifornia Manor have requested an amendment to the agreement to allow for the expenditure of unexpended funds toward the construction of a 6 inch water line and fire hydrants on the site (see attached letter dated August 2, 1985) . CHRONOLOGY OF PROGRAM ACTIVITIES: The following reflect key steps toward completion of this program: July 1, 1984 - The City is advised that its application for a WO,d00 grant for a senior citizens congregate housing project has been approved. August 27, 1984 - City Council passed Resolution No. 47-84 authorizing execution of agreement. September 18, 1984 - The State Housing and Community Development De- partment transmitted an executed copy of the grant agreement to the City. December 3 , 1984 - City Planning Commission approved Conditional Use Permit 3-84 amending an earlier (April 3, 1984) use permit for the project which granted reduction of parking and a density bonus for low-income individuals. AI Re: C.D.B.G. Annual"Report/Consideration of amenliment January 28, 1985 - City staff transmitted the initial study and envir- onmental assessment required under the agreement together with the revision to the application which limited expenditures to purely site acquisition and deleting other site improvements. February 4, 1985 - Planning Commission approves Housing Element which is transmitted to the State for review. February 25, 1985 - Dennis Greene & Company completed an appraisal of the 4. 74 acre parcel and established a market value of $532,000. March 11, 1985 - City Council authorized execution of regulatory and development agreements required of the project. April 8, 1985 - City Council approved draft Housing Element following State review. This was a pre-requisite to enable the drawdown of funds for the project. April 22, 1985 - City Council passed Resolution No. 30-85 authorizing acquisition of property from the Youngs and sale back to Califor- nia Manor for $1.00 in exchange for entering into a low rent hous- ing project pursuant to the grant agreement. May 8, 1985 - City submits `drawdown for funds to pay for appraisal ($1,500) and land acquisition ($532, 000) . ____. _June 5, 1985 - Escrow closed with land acquired by the City utilizing block grant funds and transmittal back to the Youngs. July 21, 1985 - Building permit available for issuance. July 22, 1985 - Notice from the Housing and Community Development that a public hearing is required to evaluate the year 's performance. August 2, 1985 - Notice transmitted by the Youngs from the Atascadero Mutual Water Company requesting consideration of an amendment to the agreement to provide for $19, 507.50 for water line improve- ments and fire hydrants. August 21, 1985 - Building` permit` issued. ANALYSIS: The following is the summary of the status of funding authorized and expended under the Block Grant program: BUDGET EXPENDED REMAINING General Administration $15, 000 -0- $15, 000 Property acquisition: Appraisal 1, 500 1, 500 -0- Land acquisition 532, 000 532, 000 -0- Unexpended 45 , 500 -0- 45 ,500 Audit 6, 000 -0- 6 , 000 Total- Whole Budget: $600 , 000 $533,500 66 500 2 =it�7 tbf:t •gi t33'8�� - .- - .- 33 ri SJf«0.:x.:31=E ai Z .:S.Q � - - ..+.:�..:•- .^.• RF<.c 1 CO3 + I 13 _. I U. RX o.o. µ WING ' � % AGENDA � _ DATEr.Z,rg�—ITEM# -1 M E M O R A N D U M TO: City Council November 24, 1986 VIA: Michael Shelton, City Manager FROM: Henry Engen,' Community Development Director SUBJECT: Zone Change 22-86: 2nd reading of Ordinance No. 140 BACKGROUND: At their November 10 , 1986 meeting, the City Council conducted a pub- lic hearing on the above-referenced subject, approving the zone change request. At that time, a first reading of Ordinance No. 140 was held. • RECOMMENDATION: Direct a second reading of Ordinance No. 140 and final approval:-"`:of Zone Change 22-86. /ps I� S µ DA 1 1/ 10/8 6AGENDA g - 1 ITEM# M E M O R A N D U M TO: City Council November 10, 1986 VIA: Michael Shelton, City Manager FROM: Henry 'Engen, Community Development Director SUBJECT: General Plan Amendment 2H-86/Zone Change 22-86 LOCATION: Atascadero - Portola Road Residential Study Area - APPLICANT: City of Atascadero (Hawkins) REQUEST: To revise the existing General Plan land use designation from Moderate Density Single Family Residential to High Density Single Family, and to revise the existing zoning from RSF-Y to RSF-X. BACKGROUND: On September 15, 1986, the Planning Commission conducted apublic hearing on the above-referenced request. There was considerable pub- lic testimony and discussion by the Commission as referenced in the_, attached minutes excerpt. RECOMMENDATION On a 7:0 vote, the Planning Commission recommended approval of the change in land use designations as referenced in attached Resolution No. 127-86 and Ordinance No. 140 . HE:ps ATTACHMENTS: Planning Commission Staff Report - September- 15_, 1986 -41 - Planning Commission Minutes Excerpt - September 15, 1986 Resolution No. 127-86 Ordinance No. 140 cc: Mike Hawkins City of Atascadero STAFF REPORT ITEM: B-8 FOR: Planning Commission Meeting Date: 9/15/86 BY: Joel Moses, Associate Planner File No: GP 2H-86 and Henry Engen, Community Dev. Director ZC 22-86 Project Address: Atascadero - Portola Road Residential Study Area SUBJECT: General Plan amendment and zone change to revise the existing moderate density single family (l acre with sewer to 1 1/2 acres without sewer minimum lot size) to high density single family residential (1/2 acre minimum lot size) , and to revise the existing RSF-Y zoning designation to RSF-X. BACKGROUND: In 1985, the City received an application to consider the revision of the General Plan land use map for property owned by Mike Hawkins on Atascadero Road. The original request was to allow for the creation of 10,000 square foot lots. As the City considered the request, the applicant revised his request to allow for the creation of one-half acre lots. The City then continued the consideration of the amend- ments until the next General Plan cycle. As a part of this cycle, staff reviewed the request and proposed an expansion of the area to be studied. This was as a result of a `'General Plan amendment along Coro- mar Road and. the spot nature of this request. - The existing General Plan land use map designation for the area is moderate density single family residential with a corresponding zoning designation of RSF-Y (Residential Single Family with a minimum lot size of 1 acre with sewer, 1 1/2 acres without sewer) . The proposed revision would change the General Plan land use designation to high density single family residentialwith a corresponding zoning designa- tion of RSF-X (Residential Single Family, 1/2 acre minimum lot size) . The study area covers approximately 60 acres and existing lotswould allow for the creation of approximately 40 new residential- lats. - Notice of public hearing was published in the Atascadero News on Fri- day, September 5, 1986 and all property owners of record located with- in 300 feet of the subject site were also notified on that date. A. LOCATION: Atascadero-Portola Residential Study Area (Exhibit A) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . . . .To revise the existing General Plan land use designation from Moderate Density Single Family Residential to High Density r i Single Family, and to revise the existing zoning from RSF-Y to RSF-X. 2. Applicant. . . . . . . . . . . . . . . . . . . .City of Atascadero (Hawkins) 3. Site Area. . . . . . . . . . . . . . . . . . .Approximately 60 acres 4. Streets. . . . . . . . . . . . . . . . . . . . . .Atascadero - arterial Portola - residential Santa Rosa - arterial 5. Zoning. . . . .. . : . . . . . . . . . . . . . . .RSF-Y (Residential Single Family 1 acre with sewer, 1 1/2 acre without sewer minimum lot size) 6. Existing Use. . . . . . . . . . . . . . . . .Residential uses and vacant lots 7. Adjacent Zoning and Use. . . . . .North: RSF-Y, residential South: RSF-Y and P, residential and school East: RSP-X, residential West: RSF-Y, residential' 8. General Plan Designation. . . . .Moderate Density Single Family Residential 9. Terrain. . . . . . . . . . . . . . . . . . .. . .Gently rolling sloping to north and west. 10. Environmental Status.. . .-.-.. . .Negative Declaration C. ANALYSIS: As previously noted, the proposed application evolved from a pre- vious application. The initial review of the proposed 10,000 square foot lot designation along Atascadero Road opposite Santa Rosa School received a recommendation of denial from staff based on the spot nature of the designation, the existing lot sizes in the area, and the existing General Plan policies. -,--- The olicies.-The situation has changed in that the application has been changed to request 1/2 acre minimum lot size. This is more in line with the existing lot sizes in the area. The City also approved a General Plan land use amendment along Coromar Road allowing for 1/2 acre lot sizes (GP 1C-85 - Lopus) . A review of the study area notes that approximately 40 new resi- dential lots could be created if the revision is approved. Of the splits, five parcels are large enough to allow for the crea- tion of more than four lots (thus requiring a tract map and pos- sible private street) . Two possible designs have been given to staff for two such lots (Exhibits D and E) . These would leave approximately 11 lots that would create four or fewer lots. the use of flag lots would potentially be needed in some of the designs, but specific designs would be reviewed at the time of parceling. Within the existing land use pattern in the study area, of the approximately 63 lots in the study area, 19 could be split or '30% of the lots. Of the remaining 60% of the lots, the majority are 1/2 acre or smaller. Thus, the proposed revision for the most part reflects the existing land use pattern. The study area is presently within the Urban Services Line and sewer is available to development in the area. It has not been determined if the `sewer lines are able to handle the additional sewer flows. Forty new lots would generate $71,520 in "-fees: Should computer program runs show needs which could not be rea- soned by those fees, then special conditions might be established by the City Engineer. Fees should also cover the cost of any ad- ditional drainage needs in the area or in the overall Amapoa-Tec- orida drainage area. The proposed study area is served by Atascadero and Santa Rosa 'Roads for traffic circulation. Both of these roads are presently arterial roads as noted in the General Plan Circulation Element. Portola Road and Coromar Road also serve the area as residential streets. It is anticipated that the estimated 400 trip ends crea- ted by 40 new residential units will not have a detrimental effect on traffic patterns in the area. In fact, if the Iverson property is developed as proposed, a new cross connection between Coromar and Atascadero Avenue would help overall area circulation. The General Plan lists several policies that would have a bearing on the proposed revision. The General Plan states that residen- tial densities shall decrease as one moves outward from the core. The proposed revision with 60 acres would extend the high density residential area out from the center of the community some distance. Looking at the neighborhood land use pattern, the proposal would adjoin and continue the previously approved General Plan pattern established along Coromar. It would appear that the revision is in conformance with past actions. _ -D. RECOMMENDATION: Staff recommends approval of General Plan Amendment 2H-86 and zone Change 22-86 revising the existing General Plan designation from Moderate Density Single Family Residential to High Density Single Family and adding through street marking between Coromar and Atas- cadero Roads, and existing zoning from RSF-Y to RSF-X for the ini- tial study area recommended by the Planning Commission, and ex- clusing the expanded area on Atascadero Avenue added for consider- ation by the City Council. JM:ps ATTACHMENTS: Exhibit A - Location Map Exhibit B - General Plan Map Exhibit C - Lot Size Map Exhibit, D - Possible Subdivision Design - Iverson Exhibit E - Possible Subdivision Design - Hawkins Exhibit F. - Draft Resolution Exhibit G - Draft Ordinance J i to t t i J^. ...a.fi i: 1,: r,,-d::' ' ' �•• •• I•+l•• ••n; �w t - ` • 'y i'1 8 5I.1+!'ly:�tl`.'$+,�.![ j� r` 1• +' 1/jja0 11 a � :,r'..L{,ti +1.+y Y����'✓:�iT•' '• , •>'� \fr. • 1` • I/ •� •JY .. • J ♦•♦ •` ••nit's t:•'( ��s:''� ..=::RLV.,fjfi•;'•. • ._r a r , 0 r.02 • NI• n•ro ,.,• r "t '♦ "'' ` �7�yR' ^s'G,' ^ . LSF—r ^~• , • .+t .. a r, »+• • n.. '' '•� i '♦ {V,• '';•�''.+i,��Ck•�;, �•1 ' ''T'i.�•1��'4 ,vr •-+. •`J • � 1• .• :r., _ ..�I l� 'tar .y'a �' a,� ��'• ..�•L... i;:., r'i�,• ,�^.''•o•j'�' '•' :�::`rte t. ^..lr• • nr •N„„ it 0 '• •• 1�1 � '► ••O ''wv ;r •r�.•I •'i. 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It s noted that the majority f the North El Camino Real corrido would become nonconforming b ause of the number of existi residences in the area which would n be allowed in commerc ' zones. Also pointed out was that this are ' s presently outs ' a the Urban Services Line. Further discussion continued c rning the appropriateness of a Commercial Tourist designatio whi could possible fit Mr. Brazzi ' s use. MOTION: Made by Com ' sioner Hatchell, sec ded by Commissioner Lopez-Ba ntin and carried unanimous to continue the hearin for this item to the meeting of tober 6, 1986 in der for staff to bring back appropriat anguage commending approval of a Commercial Tourist z ing designation for 1800 E1 Camino Real (Brazzi ' s pro ty) . 8. General Plan Amendment 2H-86/Zone Change 22-86 : Request initiated by City of Atascadero (Hawkins) to revise the General Plan land use map designation of Moderate Density Single Family to High Density Single Family, and to revise the zoning from RSF-Y to RSF-X (Atascadero - Portola Road Residential Study Area) . At this time, Commissioner Michelssen stepped down from the ,-Com- mission due to a possible conflict of interest. Mr. Engen presented the staff report and summarized the history of this request and the prior actions of the Planning Commission and City Council. In response to question by Commissioner Lopez-Balbontin, Mr . Engen explained the sewer capacity" involved in this study area. Mike Hawkins, applicant, spoke in support of the application and noted that out of 63 lots, 44 are one half acre or less. -- He- ex_= plained the reasoning for the one-half acre concept ad talked a about his desire to avoid creating flag lots. There was brief discussion concerning the issue which has been recently raised concerning net acreage versus gross acreage. Dennis Lockridge, 8935 Atascadero Avenue, stated his opposition to the amendment request. He noted there are a lot of improvements needed in the Atascadero-Portola area and commented on the safety concerns with regard to children walking to and from Santa Rosa School, the narrow streets. He asked if it were possible to have amore thorough report on overall impacts other than just on this particular development (Hawkins' ) , to which Mr . Engen explained. 8 Minutes - Planning Commission - September 15, 1986 Nancy Nunemaker, Portola resident, agreed with Mr. Lockridge' s concerns. She spoke about the large number of trucks that use Portola Road as a cut-off to and from the freeway. Robert Shulls, 8630 Portola Road, stated he purchased his property over 20 years ago and commented on the history of the zoning which has occurred under County jurisdiction. He noted he was in favor of one-half acre lot sizes in this area. Dean Crawford, 8575 Portola, expressed concerns with the traffic situation on these roads and especially with the increase that will result when a new shopping center is completed (Plaza Madrid) . Commissioner Lopez-Balbontin noted his agreement with the concerns expressed for safety for children going to the school in this area and spoke about the different improvements which would be necessary to help minimize potential dangers in this area. chair- man Bond concurred and also spoke about safety considerations.` Discussion ensued . MOTION: Made by Commissioner Hatchell, seconded by Commissioner Copelan and carried unanimously to recommend approval of General Plan Amendment 2H-86 and Zone Change 22-86 as reflected in the recommendation outlined in the staff report. C. NEW WINESS 1. Cons eration of General Plan Conformity Report: County and City p erty transfers. Mr . Engen presen d the staff report on this m ter recommending that the proposed oeprty transfers be in c formance with the General Plan. There was brief discussio concerning e County properties (the Armory and County clinic ar s) with regard to the- need to h;ave '" sidewalks. MOTION: Made by Commissioner ope n, seconded by Commissioner Hatchell and carri unanim sly to recommend to the City Council that the roposed prop rty transfers listed in the staff repo would be in con ormance with the City' s adopted Gene 1 Plan, with the sug stion that the County put in sid alks for Parcels 1, 2, 3, and 4. 2. Consider ion of staff report of City Council r erral: Re- evalu ion of multi-family residential standards. / 9 14 ORDINANCE NO. 140 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBERS 17, 19 AND 22 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY REZONING CERTAIN PROPERTY ON ATASCADERO AND PORTOLA ROADS FROM RSF-Y TO RSF-X (MINIMUM LOT SIZE - ONE-HALF ACRE) (ZONE CHANGE 22-86: CITY OF ATASCADERO/HAWKINS) , WHEREAS, The proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning reg- ulations; and WHEREAS, the proposed amendment will not have a significant ad- verse effect upon the environment. The Negative Declaration prepared " for the project is adequate NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. the proposed land use map''change results in a logical -repre- sentation of the existing residential area. 2. The proposal is compatible with the surrounding land use and zoning. 3. The proposal will not result in any significant adverse en- vironmental impacts upon the environment. 4. The proposal is consistent with the policies of the General r Plan land use policies and other elements of- the General Plan. Section 2. Zoning Change. Map Numbers 17, 19 and 22 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the following described property from RSF-Y to RSF-X: Lot 2-of Block 12 of Atascadero Colony and the enlarged study area including all lots fronting on Atascadero Road north and south of Portola Road and Portoal Road from Coromar Road to west of Atasca- ' dero Road as shown on attached Exhibit A. Section 3. Zoning Map. Map numbers 17, 19 . and 22 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended as shown on the attached location map which is hereby made a part of this ordinance by reference. Section 4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and `shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and ' ef- fect at 12:01 a.m. on the 31st day after its passage. 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AT7l�7K1� ryL� O -7Zff ZZ{'7 L}.{{�4�/� TrDS OTZDI'lJWff NO . , x _ 7-ST- -7 TD TZ SF X '� - t 1)AT-,L 1 7 1 0 A t,I n 11017 IfTN3 i'�I AGENDA Tc a ITEM M E M O R A N D U M TO: City Council November 24, 1986 VIA: Michael Shelton, City Manager &L�_ . FROM: Henry Engen, Community Development Director SUBJECT: Zone Change 27-86: 2nd reading of Ordinance No. 141 BACKGROUND: At their November 10, 1986 meeting, the City Council conducted a pub- lic hearing on the above-referenced subject, approving a zone change` " from RS (Residential Suburban) to CS (Commercial Service) . Unfortun- ately, this conflicts with the General Plan designation approved that _ evening (see attached legal opinion) . RECOMMENDATION: Re-advertise for lst reading as CT (Tourist Commercial) (which allows mobile home sales by conditional use permit) . As part of the General Plan Cycle 1-1987 review elsewhere on the Council' s agenda, the Brazzi properties is proposed to be included in an overall review of the Del Rio-El Camino Real intersection. ALTERNATIVE: Re-advertise for lst reading as CR (Commercial Retail) . HE:ps Enclosure: City Attorney' s Opinion - Ordinance No. 141 (11/18/86] Request for Legal Opinion (11/14/86) e Draft Ordinance No. 141 _ _ .� L i • ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 - POST OFFICE BOX 606 ATASCADERO, CALIFORNIA 93423 ATASCADERO.CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805)466.4422 CITY COUNCIL Atllw�� seadelc®CITY CLERK POLICE DEPARTMENTCITY TREASURER POST OFFICE BOX 747ORPORATED - ATASCADERO. CALIFORNIA16 CITY MANAGER PHONE: (805) 466.8600 ADMINISTRATIVE.SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT ?,f �T T ~� PUBLIC WORKS DEPARTMENT M E M O R p pV T� TT 1'.i FIRE DEPARTMENT.. PARKS AND RECREATION DEPARTMENT A 1 D U 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 -�-. PHONE: (805) 466.2141 TO: Henry Engen, Community Development Director FROM: Robert M. Jones , City Attorney SUBJECT: Proposed Ordinance No. 141 (November 10 , 1986 Meeting_) DATE: November 18, 1986 You have inquired a legal opinion concerning the most recent City ,Council action on November 10 , 1986 , at which time Resolution No. 128-86 revising the City' s General Plan at 1800 El Camino Real to set forth a retail commercial use, was adopted by the * Atascadero City Council. At the same time Ordinance No. 141 had its first reading, which ordinance proposed to rezone the subject area to service commercial (CS designation) . You requested whether the CS zoning was inconsistent with the General Plan and whether the City Council had the ability to change the designatiol from CS to some other designated category that would accomodate their intent, that being to .allow a mobile home sale on the property without having to readvertise the November 24th second reading . of the ordinance. Consistency of Zoning. Government Code §65860 et seq, requires that all zoning ordinances be consistent with the adopted General Plan of the City. Specifically a zoning ordinance shall be deemed consistent with the General Plan only if (a) The City has officially adopted such aplan; (b) The various land uses authorized by the ordinance are compatible with the objectives , policies , general land uses, and programs specified in such a plan. In addition, conditional use permits must also be consistent with the provisions of an adequate General Plan and the issuance of any permit not in such conformance to the General Plan is invalid. Nei hborhood Action a Group vs. County of Calaveras (19 ) CArc376 ,1184 . Page 72 of the Atascadero General Plan describes the commercial service designation under the heading "Heavy Com'nercial". This designation provides that: ( .'. J 0 November 18, 1986 Henry Engen RE : Ordinance No. 141 Page Two "Heavy commercial is a land use that usually serves the industrial and commercial trade primarily, although uses that serve occassional needs may also be allowed. This land use if found on the West side of E1 Camino Real from Morro Road to Curbaril and on the East side of El Camino Real from Curbaril to Principal Avenue. " By adopting the service commercial designation, the City Council thereby allowed the property at 1800 EI Camino Real to be used for vehicle dealers and supplies . However, by adopting that specific designation, the City Council placed itself in a quandary. If the commercial service designation was desired for that area, the City Council should have changed the General Plan to expand the area for heavy commercial. Alternatively, if the City. Council desired to have the General Plan uses for service commercial to remain within the geographic areas as designated in the present General Plan, then another zoning should have been adopted. Other appropriate zoning designations would include neighborhood commercial as well as commercial tourist. While it previously has been debated whether the lot in question is near enough to the "four corners" area of Del Rio, certainly it is arguable that neighborhood commerical zoning could be appropriate. It is important to note that the `Planning Commission did recommend the tourist commercial designation and in reviewing the General Plan and applicable zoning ordinance, the CT designation seems most appropriate. I would therefore concur in your interpretation that the CS designation (service commercial) zoning is inconsistent with the General Plan as presently written and the City Council should either amend the General Plan by Resolution or change the applicable zoning. If the Council desire s ,to amend the General Plan, pursuant to §65355 of the Government Code it must be determined that the Planning Commission had also considered such a r-hange but it :- acted otherwise. If the Planning Commission had not considered the General Plan change as I have discussed here, then it must go back to the Planning Commission. Change in Zoning Designation. Atascadero Municipal Code §9-1 . 110 et seq, provides that appropriate public notice of the public hearing be provided prior to hearing and the only provision for hearings without notice is when a zoning application has been continued. Such was not the case at the November 10 , 1986 , meeting, and in fact a specific zoning had its first reading. It would therefore be appropriate to — renotice the matter since the City Council most assuredly will have to discuss this issue of whether to amend the General Plan November 18, 1986 Henry Engen RE : Ordinance No. 141 Page Three or to change the zoning to conform with the intent of the proposed use of the subject property. Thus in response to your inquiry, there is a necessity of readvertising the matter rather than simply amending the proposed Ordinance at the November 24th second reading. If you have any questions concerning this matter_, please do not hesitate to contact me. L ROBERT M. JO ES City Attorney RMJ:dl M E M O R A N D U M TO: Robert Jones, City Attorney FROM: Henry Engen, Community Development Director4 RE: City Council Action - Proposed Ordinance No. 141 (November 10 , 1986 Meeting) DATE: November 14, 1986 BACKGROUND: At their November 10 , 1986 meeting, the City Council approved Resolu- tion No. 128-86 revising the City' s General Plan to show the so-called Brazzi property at 1800 El Camino Real to be changed from Suburban Single Family to Retail Commercial use. Concurrently, they also_.con- sidered rezoning in the form of proposed Ordinance No. 141, but el dif- fered from the Planning Commission recommendation of CT (Tourist Com- mercial) and acted to change it to CS (Service Commercial) . The Planning Commission had evaluated the request for CR (Retail Com- mercial) and any other commercial designation that they might choose. Hence, I do not see an issue with respect to having to go back to the Planning Commission, but there is an issue with respect to consistency of the CS zoning with the General Plan designation of Retail Commercial. ZONING CONSISTENCY ISSUE: - As noted in the attached General Plan excerpt, Commercial Service zon- ing is categorized under the term "Heavy Commercial" on the commun- ity' s General Plan; only two locations within the City are so designa- ted. The Council' s intent was clearly to allow for the proposed use on the property which was mobile home sales. Uses are allowable by right in the CR (Retail Commercial) , CS (Service Commercial) , and CPK (Commercial Park) districts. They are also allowed as a conditional use in the CT (Tourist Commercial) zone. QUERIES: Would you concur in my interpretation that CS zoning is inconsistent with the General Plan; and (2) would the Council have the ability to change the designation from CS to CT or CR or other designated cate- gories that would accommodate their intent, i.e. , to allow mobile home sales on the property without having to re-advertise at the November 24th second reading? 4_ ATTACHMENTS: General Plan and Zoning Ordinance excerpts CITY OF ATASCADERO A-ALLOWABLE C-CONDITIONAL ZONING MATRIX JUNE 27, 1983 -S-SUBORDINATE H-HISTORICAL *SPECIAL CONDITION LAND USE TIRS RSF LSF RMF ICN CP CR CS CT CPK IP I L LS P Accessory, Storage AIA A A A A A A A A A A A A A Agricuitura , A A A JA Accessory Agricultural A C C A Processing Amusement C C IC JA A C _ _ .. Services Animal Hospitals A C C A Apparel an A A A A Finished Products C* Ve is a Dealers iI A A C A and Supplies Auto Repair A A and Services Bed and Breakfast ; C C C C A IA A A S C A A Broadcasting H H H H A A A A JA A A Studios i Building Materials A* A AA JA A and Hardware C* Business SuPP ort H H H H A* A* A A A A C i Services j Caretaker C;iC C C C C C C C C C C- C, A Residence Cemetaries CIC 1A , Chemical Products C C , C Churches and C C C C C C C Related Activities Collection AIA A A A A A A A A A A A A A A Stations Concrete, Gypsum, & C C A Plaster Products Contract Constr- A A A A tion services Crop Production R A and Grazing Eating and II A* A A A A S es C C Drinking PlacC* E ectronic and Scien R* A A A tific Instruments I C* � Farm Animal A iIA A C Raising I I A Farm LcuiP,, I II and Sunolie II A A i A A A ana f ( ! II A C v Commercial properties are strung out inordinatelv along El Camino Real. Commercial properties are sporadically developed and mixed in with incompatible uses and operating in sub- standard buildings. These are conditions leading to blight. The Central Business District is "hemmed in and requires specific planning for an orderly expansion. Off-street parking in the Central Business District is grossly inadequate. The key to optimum commercial development in Atascadero is: (1) the development of a strong and adequate Central Business District, (2) provision for areas for heavy commerce and commercial services outside the CBD, but with convenient access, (3) provision of areas for daily shopping needs con- venient to residential neighborhoods, (4) location of highway businesses near key freeway accesses, (5) encouragement of the concentration of compatible businesses to the exclusion of inharmonious uses and (6) the provisionof convenient and adequate off-streetparking. To meet these objectives,. proposals are made in this Plan regarding several categories of commercial use which are com- bined as Retail Commercial and Service Commercial. Although shown on the Plan Flap as- Retail Commercial, the particular uses described below vary enough- in appropriate purposes and character to be categorized' as General Retail, Downtown, Neighborhood and Tourist Commercial. RETAIL COMIKERCIAL General Retail This land use currently is" found along El Camino Real from Traffic [gay to San Anselmo Road, on the east side. of, El Camino_ ... Real from the Thrifty Drug` complex to Pueblo Avenue,' and on the east side of El- Camino Meal at Santa Rosa Toad, There" are many vacant properties in each. of these areas which can be developed to meet shopping needs for the immediate future. E1 Camino Real is Atascaderol,s principal strip commercial area. The typical stores. which locate along this commercial "ribbon" are specialized, auto-oriented commercial uses. That is, a shopper usually makes a special auto trip to a particular store. These commercial uses do not have to depend upon larger nearby stores to draw customers, as is the case in a shopping center. Along many sections of this route there are mixed commercial uses of all kinds . These s 65 . are areas where problems of strip commercial development are most acute: l 1. Parking areas on shallow lots , especially near the Central Business District, are inadequate. 2. Vehicular movements on, off and across El Camino Real severely limit the capacity of the roadway. 3. Each business requires a separate sign large enough to be seen by the motoring public; this can create a condition of visual chaos and confusion. 4. Pedestrian crossings of strip commercial streets can be difficult. 5. Shoppers are required to use their automobiles to go from one business to another. General Retail Policy Proposals 1. Parking districts shall be formed along E1 Camino Peal. Cooperative parking lots shall be encouraged. 2. Traffic congestion shall be relieved by limiting the number of places for automobiles to turn on and off the roadway. 3. Commercial uses shall be developed in clusters to encourage concentrations of compatible retail trade ._ service.. Each cluster shall be developed in a coordin- ated architectural design. The signing and identifica- tion of the stores in each cluster shall be combined, thus reducina the confusing clutter. 4. Commercial uses outside the Urban Services Line shall jbe examined and reviewed, on an individual basis, to insure that there is no conflict between the intensity of the land use and .minimum parcel sizes. Sewage dis- posal shall be a prime factor for consideration. Central Business District Commercial Businesses in the Central Business District of Atascadero are mostly specialized retail services supplying domestic needs such as retail shoes, offices and financial institu- tions. Shops offering convenience goods such as foods , drugs, and personal services are located along the edges of the central area nearest residential districts . Retail businesses that supply domestic needs are most effi- ciently located in close proximity to each other. The specialized character of the Central Business District, 66 . i combined with its high density, should encourage pedestrian comparison shopping, with ample parking within easy walking distance. Highway-related commercial uses typified by gas stations, automotive sales and services, and commercial recreation uses are better located outside the downtown area. Included in the . Central Business District Area are. 1. The original Central Business District from Rosario Avenue to West Mall and El Camino Real to Lewis Avenue 2. The Plaza del Camino, Units 1 and -2 3. The Safeway-Thrifty Drug Complex ex Vacant land still exists in these areas, primarily on Entrada and Lewis Avenues and West Mall and at the corner of Entrada and E1 Camino Real. Because expansion of the CBD is limited by topography and F'reewav 101, the maximum commercial floor area at maximum aximum buildout is 725,000 square feet. This figure is based on the gross square footage obtainable in existing structures, plus what can be added by one story buildout on vacant land ' with adequate parking. Expansion of the CBD across-,; Atascadero Creek has created two shopping areas that are inadequately linked. Automobile trips are inconveniently generated between the two areas , contributing to traffic congestion in the core area, which lacks adequate off-street parking. The Sunken Gardens and Veterans ' Memorial Building form a central plaza for the downtown district. Atascadero Creek contributes to the parklike atmosphere of the plaza. Uses and architecture that harmonize and complement this atmosphere will enhance the downtown theme. Central Business District Policy Proposals —a 1. Programs are needed to solve traffic congestion, pedestrian circulation and parking problems. ye 2. The downtown area shall be specifically planned for human activity rather than car storage. Parking shall be Provided in lots that are convenient to commercial uses. There shall be buffering and circulation patterns within the total parking lot area. 67 . 3. Landscaping and a deliberate architectural quality and style would benefit merchants in the downtown area, as well as the community. 4. Some incompatible uses shall be given incentive to relocate into more compatible areas. 5. Of primary importance in the implementation of the Central Business District Commercial objectives is the need for more detailed study and a phased program that includes the following steps : Detailed analysis (check with all owners about ideas, needs, economics , plans for expansions, etc. ) . - Formation of a Downtown Imoroverment Association. - Detailed study and design (goals and policies , alternative methods and phasing) . - Completion and adoption of a plan and a method of implementing it. - Initiation of a step-by-step implementation program. 6. The Atascadero Creekway Plan Scheme One shall be included as the basis of specific study of the Central Business District, and its proposals shall be implemented. Neighborhood Commercial - These are retail businesses and services that supply the daily needs of the community. Usually, a grocery store anchors the neighborhood shopping center._ .Around it are clustered convenience stores such as the drug store, the barber, laundromat, _perhaps a service station, among others. Neighborhood centers are best located at intersections of primary or secondary arterials, thus providing easy access for residents of adjacent neighborhoods for mirior,, evervday shopping needs. Such- land-use is currently designated in two areas: 1. On the four corners of E1 Camino Real and Del Rio Road. 2. On the two western corners of Portola Road at Morro Road. Neighborhood Policy Proposals 1. In order to relieve traffic congestion along El Camino Real and reduce the number of daily trips downtown, proposed convenience stores shall be encouraged to locate in neighborhood areas. 68 . 2. Additional commercial land uses shall_ Jae--designated on - - the north side of Morro_Road, from the existing commer- cial uses to Santa Ynez Avenue. Such -addition will _ facilitate traffic flow by offer-ing entrance to and - egress from Morro Road, Curbaril -Avenue and Santa Ynez - Avenue. This area comprises 8. 3 acres. - - 3 . If, because of population pressures, a need can be demon- strated, Commercial uses should be located where they are convenient for commuting residents. In such a case a location at either of the U.S. 101 intersections with Del Rio Road and Santa Barbara Road shall be desirable for a commercial development. Such development shall be secondary to surrounding residential uses and shall p necessitate a development plan. Tourist Commercial Tourist Commercial provides for uses that serve the traveling public, such as motels, restaurants and automotive services . These services are properly located at intersections of major inter-community routes where permanent access are constructed and which have some . high aesthetic value. Development of these areas shall relate strictly to the envir- onmental and aesthetic principles suggested in the Atascadero Policy statement and outlined in the COMMUNITY APPEARANCE chapter of this Plan. Commercial-Professional ` This land use designation provides for the following general categories of uses: a. Offices; professional, business, medical, financial and utility b. Cultural or fine arts institutions C. Personal services , - d. Light retail commercial uses . These categories of uses should be encouraged along arterials or major collectors where high traffic volumes can be accommo- dated and in areas where a compatible transition is desired adjacent to single family areas. Access through residential areas shall be discouraged. 71 . r, Recreational, Private Permitted uses shall include light agriculture, single-family residences, public parks and playgrounds. Uses which may be permitted, subject to an approved Development Plan, include all public and commercial recreational uses; resort facili- ties; equestrian establishments; retail indoor and outdoor sales; rental and service establishments; areas for camp- grounds, trailer courts, campsites and vacation trailers; motels; hotels; lodges; boarding houses; and guest ranches. SERVICE COIMERCIAL Heavy Commercial Heavy Commercial is a land use that usually serves the in- dustrial and commercial trades primarily, although uses that serve occasional needs may also be allowed. This land use is found on the west side of El Camino Real from Morro Road to Curbaril and on the east side of E1 Camino Real from Curbaril to Principal Avenue. COMr1ERCIAL PARK An area of Commercial Park is designated north of San Anselmo Road to just south of Del Rio Road and is gounded east and west by Highway 101 and E1 Camino Real respectively. The in- tent of this land use designation is to set aside an area for uses including but not limited to: A. Large lot commercial uses, generally on sites of two acres or more although smaller lot sizes may be allowed for planned unit developments, which shall include but not be limited to automobile sales agencies, mobile home sales facilities, shopping centers including at least one anchor tenant, department stores, and nurseries . b. Light manufacturing and light industrial uses 'which meet,. - performance criteria established by zoning, research and,,-- development companies, 'labor intensive product on`and manufacturing companies which are considered "clean" en- vironmentally (such as electronic assembly plants) , and which can provide a comprehensive and uniform development plan approach for smaller users . Generally, development criteria would be similar to that established for industrial parks as described on page 172 in the Community Appearance Element of this General Plan. 72. nus. Policy Proposals 1. Infill and restructuring of existing heavy commercial areas shall be encouraged to avoid the indiscriminate proliferation of scattered service commercial uses along El Camino Real. 2. Service Commercial planned unit developments shall be encouraged in designated areas . Light Industrial Atascadero needs clean, light industry in order to provide employment opportunities and reduce the migration of young - people out of the Colony and to broaden the tax base. Mod- erate growth in light industry will contribute to a balanced local economy through the production and sale of commodities . Recent developments in the Industrial Park on El Camino Real adjacent to U.S. 101 between Santa Rosa Road and Curbari,l .= Avenue have shown continued growth of industries needing highway transportation. Industries largely associated with railroad use have not located in Atascadero. Additional- land is available for compatible industries in this area. However, between Traffic Play and Atascadero Creek, from the Armory to the railroad tracks, construction is approach- ing maximum density. Some existing industries resulting in high visual impact and disburbing noise levels are incom- patible with surrounding residential areas . Others give unfortunate first impressions to motorists entering Atasca-'- dero on U.S. 101. -= Light Industrial Principles 1. Light industry shall be located in physically suited . • areas that will not create incompatible land use mixtures . 2. Designated industrial areas shall be developed first. As these properties become filled, industrial reserve-- areas can progressively be withdrawn from existing uses and offered for new industrial park development. 3• Industrial promotion and development shall include a Phased program geared to keeping pace with growth trends in the community. 4 . Nonconforming uses shall be prohibited from establishing within the industrial areas . 5. Landscape setbacks and development standards shall be approved by the appropriate governing agency and strictly enforced before development occurs . ' 73 . ORDINANCE NO. 141 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 4 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY REZONING CERTAIN PROPERTY AT 1800 EL CAMINO REAL FROM RS (RESIDENTIAL SUBURBAN) TO CS (COMMERCIAL SERVICE) (ZONE CHANGE 27-86 : BRAZZI) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning reg- ulations; and 1. WHEREAS, the proposed amendment will not have a significant ad- verse impact upon the environment. The Negative Declaration previ--- ously prepared for the project is adequate. WHEREAS, the Atascadero Planning Commission held a public hearing on September 15, 1986 and October 6, 1986. 0 NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan. 3. The proposal will not result in any significant adverse en- vironmental impacts. `The Negative Declaration prepared fof the project is adequate. x. a - Section 2. Zoning Map. Map Number 4 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify Lot 3 and 4 of Block 48 from RS (Residential Suburban) to CS (Commercial Service) . Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proofing 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: CITY OF ATASCADERO, CALIFORNIA By• ,., •MARJORIE MACKEY, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: ROBERT M. JONES, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 2 �r. II' a ' STING AGENDA DATE 1I r/I''/ ITEM# D- 1 M E M O R A N D U M TO: City Council November 24, 1986 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director P SUBJECT: Consideration of General Plan Amendments for Cycle 1 - 1987 BACKGROUND: At their November 17, 1986 meeting, the Planning Commission considered expanded study areas for the next General Plan amendment cycle as° referenced in the attached staff report. After general discussion of the report, it was the Commission's con- sensus to recommend the study areas as recommended by staff, with the,. exception of General Plan Amendment study area 1D-87 (Cropper, et al) to include the Brazzi property at 1800 El Camino Real. RECOMMENDATION: Direct staff to prepare analysis and bring to public hearing the Gen- eral Plan amendment areas recommended by the Planning Commission. (Following Planning Commission hearings, their recommendations on each proposed amendment will be the subject of hearings before the City Council. ) HE:ps Enclosure: November 17, 1986 Staff Report to Planning -Commissiori F 0 City of Atascadero Item: B_2 STAFF REPORT FOR: Planning Commission Meeting Date: 11/17/86 BY: Joel Moses, Associate Planner Fide No: GP Cycle l 87 SUBJECTS Consideration of General Plan amendments for Cycle 1 - 1987. BACKGROUND: The City is considering the next round of General Plan amendments. The deadline for Cycle 1 was October 1, 1986. General Plan amendments should be considered in the same manner as a zone change with amend- ments being initiated by the City Council, the Planning Commission or the property owner. This report will allow the Planning Commission the opportunity to initiate any amendments or to consider expansion of _. any property owner-initiated amendments. The applications for this cycle are as follows-- GENERAL ollowsGENERAL PLAN AMENDMENT GP 1A-87 : The application and coinciding zone change application has been submitted, by Patricia St. Clair , the property owner . The request is to revise the existing General Plan land use map designation.~ from Suburban Single Family (2,-..1/2 to 10 acre minimum lot size)' to Moderate Density Single Family Residential (1 acre with sewer,, 1 1/2 acre without sewer minimum lot size) on property at 3274 Ramona Road. The site contains 3 1/4 acres and the request would allow the property to be split into two parcels if approved. GENERAL PLAN AMENDMENT GP 1B-87 : The application and coinciding zone change application has been submitted by Karl Trumpp, the property owner. The request is to revise the existing General Plan land use map designation _ from Suburban Single Family Residential (2 1/2 to 10 acres minimum lot size-) to Moderate Density single Family Residenti4-1 (1` acre--with sewer, 1 1/2 acres without sewer) on property at 8505 San Gabriel Road. The site contains three acres and the request would allow the property to be split into two parcels if approved. GENERAL PLAN AMENDMENT GP 1C-87 : The application and coinciding zone change application has been submitted by the Peterson Development Company (W.M. and H.D. Peterson) , represented by Steven Devencenzi. The request is to revise the existing General Plan land use map designation from Moderate Density Single Family (1 acre with sewer, 1 1/2 acre without -sewer minimum lot size) to High Density Single Family (1/2 acre minimum lot size) on property at 8515 E1 Dorado Road. The site contains 6.8 acres of land containing 7 existing lots that could be resubdivided- into 13 lots. The applicant has submitted a plan showing- the subdivision of the property into nine lots. General Plan Cycle 1 - 1987 GENERAL PLAN AMENDMENT GP 1D-87: The application has been submitted by Ilene M. Cropper for several property owners (T.C. and E.J. Simmons, Ralph and Ilene Cropper, J.C. and S.K. Taylor) and is being represented by Twin Cities En- gineering. The request is to extend the existing Urban Services Line to include properties on the northeast and southeast corner of E1 Camino Real and Del Rio Road. The property is currently designated for commercial use on the General Plan land use map and the redesignation would allow for the property to be subdiv- ided and a potential redesignation to a more intense, commercial land use designation. The proposed application covers 5.5 acres of the currently designated 10 acres of commercial property on the east side of El Camino Real at the intersection of Del Rio Road. GENERAL PLAN AMENDMENT GP 1E-87 : The application and coinciding zone change application has been submitted by James E. Grinnell, the property owner . The request is to revise the existing General Plan land use map designation from High Density Multiple Family (maximum 16 units per acre) to Retail Commercial for property located at 6280 Tecorida. The site contains 1.44 acres of vacant land. The applicant has expressed ._ an interest in the development of a motel or a location for a` membership organization. GENERAL PLAN AMENDMENT GP 1F-87 : The application and the coinciding General Plan application has been submitted by Steve Massicotte and Buzz Hinckley, representing the property owner (Thomas McNamara) . The request is to revise - the existing General Plan land.,: use map designation from Industrial Park to Service Commercial on property located at 8300 El Camino Real. The site contains 9. 54 acres and is partially developed with heavy commercial type uses. In addition to the above requests, two written requests for the City to initiate General Plan amendments have been received. The first is from John Falkenstien and Alan Volbrecht requesting a revision to the General Plan text to revise the current High Density Single Family Residential minimum lot size from .-1/2 acre to 20, 000 square foot .mini- mum lot size. The Commission has previously discussed the possibili- ty of such an amendment. r_ The second is for a General Plan land use map amendment along El Bordo Road submitted by L.D. McCaslin. The request would revise the exist- ing designation from High Density Single Family (1/2 acre minimum lot size) to High Density Multi-family (maximum 16 units per acre) . RECOMMENDATION: ' GP 1A-87 (St. Clair) - expand the area covered by the General Plan amendment to cover the area to the existing commercial area at the corner of Monterey and San Anselmo Roads, and to include extension of the existing Urban Services area to cover the same area. 2 �, General Plan Cycle 1 - 1987 GP 1B-87 (Trum p) - No revisions. GP 1C-87 (Peterson) - Expand the area covered by the General Plan amendment to cover the area between E1 Corte Road and the existing commercial areas along E1 Camino Real from La Linia to all properties facing on Arcade Road. GP 1D-87 (Cropper, et al) - Expand the area covered by the General Plan amendment to cover the entire commercial area on the east side of E1 Camino Real and Del Rio Road including the appropriate land use element text and policies. GP 1E-87 (Grinnell) - Expand the area covered by the General Plan amendment to cover the entire area up to Marchant Avenue. GP 1F-87 (McNamara) - Expand the area covered by the General Plan amendment to cover the additional industrial area to the north of the site. 20,000 square foot lots: Staff would recommend initiation of a General Plan amendment and zone -- change to revise the 1/2. acre residential densities and minimum lot sizes that currently exist in the General Plan to 20 ,000 square feet (High Density Single Family and Multifamily Residential) . McCaslin Request: Staff would recommend that Mr. McCaslin be directed to submit an ap- propriate application for the next General Plan amendment cycle. JM:ps ATTACHMENTS: Location Exhibits for General Plan Amendment/Cycle 1/87 3 µ �gNYaa \ , �l fs� a,aQ«o G - Q � a �. a I Cl +J H x G H r a wcn Z r z w z � /. HO ,� , UOx r"; x H U ZHa O wco U aQ2 �? -- Ha � Qa w ` HCQ — '� EI I � I� earl rl / F-I '�' a H \ "AQ U1 U � C L : �" UU: Q QI a� Z I R., O O �l I I I( ra ro H [— z �i oah wax w oww coCx� �; a �� Z U W �' r_ b I w Q I w E{ I Ei Q a I CO C1 F-� U x w U; H G a H t i x x ^ Qj Q U Y V LL a s 4J r{ Ln w w r-) O �D J r-1 O rte.' Q r! LO '� w A H w a < U aJ \ I rl Q C7 I O L x I w U' Ei I O W L7 /4 V w ix s f a a x J rl P4 Ln OOH `� A CM '/+ O w QiNHQw G: Lf) �D0 0 Q•1 o�aSoaa WU �n C7 wHE+ L'� LI � xE-+ x 0wWE-i � A " -- Z .sa V CO H w V JKQy�¢� � T Fj --'x w - F o^e„ coe / eeoe�e o i ca i i LLLL wLLLLLL \ Y?o Q.i _ f Vl N N "\ \ � xL NZN ZNQ w w W W m -.,. oco^oc C^o 0 " a0=��2U o c o / o C X-imz-Jwo a e C�sst • ^ ee �a ' _ ..... . `1 e e 0W �-lx 1 . xulw I a rs, I H � Ga H w ti wa OUo wU c� moa w w0a Oa : p z 2 . , Z FE I-{ U z w Ha � I x � � I � • �" CD W p r-) U QH > H urn Ei NINE 1 II 11liftPR W on r .. � / t ♦ ��. �� ■� � 1 I. J 1 • it ����'fl �i���•� �� _ .� •' � � •' �� WE RMA 1 , LE .J ♦ 1 l � • , 1 No Mm III .� � •.� -, � � � . I■� ■ �♦��Y tt �� � iiia ,b• . ,�� ' - iii ♦ gnaw, I WK PA ON WIN • MEW,• • ��/ jam- ��� ® o00 I� 1 • Bm Ivans� is .�-. \� �� ♦ slim ���• ♦ ,���� ♦� �� ., �, - '� X111 �. 1111►Illij��• ,� �`��nnua nuuui .�T-. 1 ir AMR ■��Uk AAW 0 �moil ��� ,,,� nisi' 1 ';��.��:a ���. �� ��,���•� �`�����I�,y�I NOW AMR& JIM 1• �1 ` '� 4th. y Vc ."-'�y♦ ��� .��t� ���:r��- �� moi, MIN Fill ILI PEP VAN rte►. �!y �� �� �.� •. ••��� P►O� I ��j • • �• s :, . _ IL SIPti �� v �♦ , WE --logo WN VIP � .AwWer � � X11 •� • / .9 . . .. � s . CUESTA ENGINEERING 7401-B EI Camino Real/P.O.,Box 2066 Atascadero, California 93423 (805)466-6827 F- , October 24, 1986 OCT 301986 Mr. Henry Engen Cr!M !, : „_, Director ...... l,t i,a :ELCPF,1ENT Community Development City of Atascadero 6500 Palma Atascadero, CA 93422 Subject: General Plan Amendment 20,000 Sq. Ft. Lots Dear Mr. Engen: Alan Volbrecht and I represent various property owners along Coromar Road who by virtue of older subdivisions currently find themselves in a position where their lots sizes are just short of their being potentially split. All of these lot owners were under the impression that the recent zone change of this area to half acre would allow them the potential of lot splits. I am certain that during the environmental process for the re-zone any identifiable impacts were predicated on all of these lots being split. Alan and I hereby formally request that the Planning Commission consider an amendment to the General Plan which would alter the definition of half-acre to specifically 20,000 square feet for the purpose of minimum lot sizes in those appropriate zones. This amendment would clear up the problem areas we are confronted with in the Coromar area. I realize that the closing date for General Plan Amendment applications for this year has past. I hope that you can consider this issue as a "Rider" to the various amendment applications considered at this time. Thank you for your consideration of this matter. Sincerely, . i A John Falkenstien R.C.E. 33760 Alan L. Volbrecht Exp. 6/30/90 L.S. 5201 /emp r L. D. Mc Caslin 10205 E1 Camino Real Atascadero, Ca. Nov. 10, 1986 Planning Commission City of Atascadero 6500 Palma Ave. Atascadero, Ca. RE: Proposed Planned Unit Development on E1 Bordo Ave., Atascadero, Ca Dear Commissioners; In view of the current proposed development activity in the area of the Atascadero Regional Park and Golf Course, we feel it is appropriate at this time to put forth our plan to create a single family residential planned development on E1 Bordo Ave. As you are undoubtedly aware the surrounding area is currently developed with.high density multi-family rental units. It is our feeling that a single family project at this location would provide a pleasing and functional buffer leading to the Golf Course and Recreational areas just to the east of our site. In addition, our thinking would target these affordable home sites tword active retired persons who would be able to take full advantage of the recreational and other service facilities with minimum impact on vehicular circulation in the area. The site is contiguous with the existing city sewer district and a formal application for annexation to the district has been initiated with the city public -works department. .We sincerly hope you will consider our request for a general plan_ a Amendment at this time, and look forward .to discussing this project with The Commission in further detail at your next meeting respectfully Of�>.WC6ao.&1*_ L. D. Mc Caslin R E E1 " NOV 121986 COMMUNITY DEVELOPMENT • - M (PD �Cpq \ 2 \,i O P. V PCO t \ • o / \r4 AW- C• • q� ..r f L' C R/ W2 T T � � C R- c s v r -16 �- R Z v 0q --- i / / C ING AG7NDA IT EMMEMORANDUM TO: Board of Directors Atascadero County Sanitation��District (/ THROUGH: Mike Shelton, City Manager ��''" . FROM: Paul Sensibaugh, Director of Public Works SUBJECT: Sewer Extension Agreement Atascadcro� Unified School District DATE: November 19, 1986 Recommendation Staff recommends that Council approve Resolution No. 131-86 thereby approving a Sewer Extension Agreement between the Atascadero Unified School District and the City of Atascadero. Background The Atascadero Unified School District is in the design phase of the construction of the new San Gabriel Road School. It is at this time that plans must be finalized for sanitary sewer service. Discussion At the Council meeting of June 23, 1986 Council approved a General Plan Amendment allowing sewer service to the school site although it lies outside of the Urban Services Boundaries. In addition, there is a small section on San Gabriel between Highway 41 and the schoo_1 site that is a Cease and Desist Area- (I) and will need to be served. The installation of this line will provide this service and - a reimbursement agreement is anticipated to be executed, for future connections :to this .dine— when the Urban Services Line allows. Fiscal Impact The project costs will be paid entirely by the Atascdero Unified School District. Normal connection and annexation fees will be charged. G RESOLUTION NO. 131-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE ATASCADERO UNIFIED SCHOOL DISTRICT FOR EXTENSION OF CITY SEWER SERVICE TO THE SAN GABRIEL SCHOOL SITE BE IT RESOLVED by the Council of the City of Atascadero as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit A and map attached hereto marked Exhibit B, and in- corporated herein by reference, between the City of Atascadero and the Atascadero Unified School District for extension of City sewer service to the San Gabriel School Site is hereby approved and the Mayor is authorized to execute the same. It is in the interest of the Atascadero County Sanitation to provide sewer service when consistent with the General Plan;- and The proposed project has received a Negative Declaration pursuant to the provisions of the California Environmental Quality Act; SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to LAFCO. On motion of ,seconded by and on the following roll call vote: AYES: NOES: ABSENT: - t 5 '0 S the foregoing Resolution was passed and adopted this day of 1986. ATTEST: BOYD C. SHARITZ MARJORIE R. MACKEY City Clerk President of the . Board APPROVED AS TO FORM: .s ROBERT M. JONES PAUL M. SENSIBAUG City Attorney Director of Public Works 6 n - . EXHIBIT A SEWER EXTENSION AGREEMENT This Agreement is made between the CITY OF ATASCADERO hereinafter called "City, " and the ATASCADERO UNIFIED SCHOOL DISTRICT hereinafter called "AUSD, " both of whom agree as follows: CITY AGREES TO: 1. Sewer Services Allow the AUSD to cause the extension of the City sewer main from its present terminus in or near Highway 41, along said Highway 41, then along San Gabriel Road east of said Highway to the school site, and outside the present Urban Services Line. 2. Rates Charge the same rate for schools that are charged to similar properties located inside the Urban Services Line, as determined by the Director` of Public Works. ^� 3. Regulation & Service Grant exclusive right of use by the AUSD to the extended sewer main unless said line is taken into the Urban Services Line (USL) or otherwise permitted to serve areas outside the U 0 pursuant to a General Plan Amendment. Any permitted connections to the same would be made through the reimbursement agreement discussed in Section 4. 4. Reimbursement Agreement Provide for reimbursement from future connections under the terms specified in the sewer ordinance as amended for the amount to be reimbursed on a front footage basis for each one half of the roadway frontage excluding intersections or city-owned land. ATASCADERO UNIFIED SCHOOL DISTRICT AGREES TO: 1. Capacity Provide said sewer line of such capacity as is needed to potentially serve the areas shown on Exhibit B and to provide such sewer laterals as specified thereon. 2. Maintenance Maintain such line unless it is taken within the Urban Services Line. Engineering Locate and design said sewer main to the approval of the City Eng-ineer. Alignments of said facilities to be as generally 2 V) shown on Exhibit B. 4. Schedule Perform all work in accordance with a schedule acceptable to the City. 5. Cosh Pay the total cost of right-of-way, engineering, and construction of said sewer service including main extensions -to the point of service. Said cost shall include the cost of sewer wyes or tees, laterals, manholes, and other facilities as require by the City Public Works Department. 6. Encroachment Permit Obtain encroachment permit from Caltrans, as necessary, and meet the terms thereof. 7. Regulation and Service Prohibit any tie-ins to the new sanitary sewer lines. It is intended that these utility lines serve only School or City facilisties directly related to School or City operations. No service is to be provided without City action amending its Gener I* Plan to enable such service and an amendment to this agreement - consenting to tie-ins to uses unrelated to school or City operation 3 �r or use. 8. Pay Fees Pay sewer Fees and charges in effect upon execution of this agreement, as .determined by the Director of Public Works. 9. Rates Pay the same rates for schools as charged inside the Urban Services Line as determined by the Director of Public Works, and any increase to the same as amended from time to time by resolution of the City Council (Board of Directors) . 10. Design Design said sewer to serve those lots as currently zoned within the boundary on Exhibit B for 280 gallons per single family residence and a peak flow factor of 2.0 and for a one-half full flow condition, with a minimum size of 8 inches. 4 �` ' (EXHIBIT "B") .off o� �F 1 cn �r w tv a , �1 S r r 10 .r i 4I i i , r v r � r Y' a � Z C �1 c y W ✓1(-0 Y1.lvo ��1 �SETiNG AGENDA DATA 46 TO: City Council Members November 24, 1986 FROM: Michael Shelton 1AU Ajt�- City Manager SUBJECT: CITY ATTORNEY AGREEMENT - JEFF JORGENSEN RECOMMENDATION: Authorize 'Mayor to enter into agreement in behalf of the City with Jeff Jorgensen to serve as City Attorney. BACKGROUND: On September 22, 1986 , City Council directed staff to solicit Attorney proposals to provide City Attorney services. An extensive recruitment was undertaken with advertisements` in professional journals, newspapers, League of California Cities sources, and a state-wide mailout. The time line provided a full 30-days for responding applicants to submit proposals. The deadline for proposals submitted was November 3, 1986. In total, eight applicants responded, of which three were from San Luis Obispo County. All remaining proposals were from outside of the County. There were no proposals sub- mitted by local attorneys within ._the city. At your regular November 10, 1986 Council Meeting, Council adjourned to a Special Council Meeting on November 14, 1986 to interview Attorney applicants. Of the eight applicants, Council interviewed seven, and directed the City Manager to negotiate an agreement with Attorney Jeff Jorgensen for further Council con- sideration at Council' s regular meeting of November 24, 1986. Accordingly, attached for your consideration is a proposed agreement prepared by - City Attorney Jones that engages Jeff Jorgensen as City Attorney effective December 1, 1986. In the absence of specific Council direction, ;'the ` agreement-- does not specify a contract preiod; however, Council may define such period, if desired. FISCAL IMPACT: Based on the attached contractual agreement, retainer and other costs are within the parameters of the adopted City Attorney budge.. MS:kv File: MAtrny2 C� RESOLUTION NO. 132-86 RESOLUTION OF THE ATASCADERO CITY COUNCIL ENGAGING JEFFREY G. JORGENSEN AS CITY ATTORNEY WHEREAS, Section 2-5 .01 of the Atascadero Municipal Code provides that the City of Atascadero shall hire a City Attorney; and WHEREAS, the City has conducted an extensive search and recruitment for a'°Contract City Attorney; and WHEREAS, the City Council has interviewed responding Attorney proposals for the position of Contract City Attorney. NOW, THEREFORE, the City Council of the City of Atascadero hereby authorizes the Mayor to enter into the attached Agreement with JEFFREY G. JORGENSEN, Attorney at Law, as City Attorney for the City of Atascadero, On Motion by Councilmember and seconded by Councilmember °the following Resolution is hereby adopted in its entirety on the following vote: AYES : NOES: ABSENT: DATE ADOPTED: . ATTEST: CITY OF ATASCADERO, CALIFORNIA BY: BOYD C . SHARITZ , City Clerk MARJORIE MACKEY, Mayor APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager • • AGREEMENT FOR LEGAL SERVICES OF CITY ATTORNEY THIS AGREEMENT is made and entered into between the City of Atascadero, a Municipal Corporation, Post Office Box 747 , Atascadero, California, 93423 , hereinafter called "City" and Jeffrey G. Jorgensen, Attorney at Law, 1135 Osos Street, Suite A, Post Office Box 910 , San Luis Obispo, California, 93406 , hereinafter called "Attorney". In consideration of the hiring by City of Attorney as City Attorney of Atascadero, the parties hereto agree as follows : 1 . Services of Attorney: City hereby employs Attorney to render legal services as City Attorney in accordance with the provisions of §2-5 . 01 through §2-5 .02 of the Atascadero Municipal Code. 2. Time of Performance: Performance of the services hereunder by Attorney will commence upon December 1, 1986, and shall continue at the pleasure of the City Council. This agreement may be terminated by either party upon the giving of not less than 60- days advance written notice. 3. Compensation For rendering legal services Attorney' shall be compensated as follows : (a) Attorney shall provide 20 hours per month to the City of Atascadero, for which Attorney shall receive a minimum basic monthly Retainer Fee of -1- 0 $1, 600. Attorney shall be required to attend two regular City Council Meetings, as well as two Staff Agenda Preparation M-etings. The basic monthly Retainer Fee shall be paid on the first day of the month for which the fee applies . (b) Attorney shall be compensated for all non- litigation services beyond twenty hours per --month at the rate of $80 . 00 per hour. (c) Attorney shall be compensated by City at the rate of $95. 00 per hour for all Court appearances including all appeals on behalf of or in defense of the City. (d) Attorney shall be reimbursed for all out-of- pocket expenses incurred directly as a result of rendering legal services provided for in this .. Agreement, ,to include such costs as Court filing:-- fees , mileage to and from Court, long distance telephone calls, photocopying charges and similar out-of-pocket items incurred in the performance of duties as City Attorney. Attorney shall further- be compensated for travel time to meetings other than regularly scheduled meetings at 1/2 Attorney' s normal hourly rate. 4 Insurance: Attorney shall at Attorney' s expense , take out and maintain during the term of this Agreement the following n -2- ` 0 • types and amounts of insurance insuring Attorney: Professional Liability Insurance providing coverage on a claims made basis for an amount of not less than one million dollars for each occurrence. Attorney shall provide at the request of City, a Certificate or Certificates of Insurance issued by the Insurance Carrier with an endorsement precluding the cancellation or reduction in coverage of any policy prior to expiration of thirty days after City shall have received notification by registered or certified mail from the Insurance Carrier. 5. _Authorized Designate: Attorney agrees to designate a suitable alternate or- alternates during those periods of time that Attorney •� is unavailable for service to the City, subject to the approval of the Atascadero City Council. 6 . Relationship with 'the Parties : It is understood that the relationship of Attorney to City is that of an Independant Contractor and not an employee, and that Attorney is not entitled to any benefits otherwise entitled to an employee of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of November, 1986 . CITY OF ATASCADERO, a Municipal Corporation ATTORNEY BY: BY: MARJORIE MACKEY, Mayor JEFFREY G. JORGENSEN, Attorney at Law BY:- BOYD SHARITZ , City Clerk -3- rIE;N� A T3 9/22/86 "T': # c ►,ZA 1 TO: City Council. Members_ .. September 22, 1986 C FROM: Michael Shelton City Manager SUBJECT: REQUEST FOR PROPOSAL - CITY ATTORNEY RECOMMENDATION: City Council direct City Manager to advertise availability of Request for Proposal document for City Attorney services in accordance with advertising and selection methodology outlined in this memorandum. DISCUSSION: Attached is a proposed "Request for Proposal" for Council consideration to be utilized in soliciting Attorney proposals to provide City Attorney services. Upon Council approval, this doc ument will be sent to individuals or firms who may be interested in applying. In an effort to obtain several proposals for Council , consideration, staff will conduct an extensive recruitment, including a personal mail outtocontract City Attorneys serving neighboring cities, sending proposals to member Attorneys of the League of California Cities A=a-Tri-County Municipal Attorney " Association, advertising in local newspapers, advertising in Job Finders (a professional municipal publication) , and targeting Los Angeles and San Francisco legal publications. The purpose of the latter is not to hire a Los Angeles or San Francisco Attorney, but rather to make a large legal profession aware of the City Attorney opportunity here on the Central Coast in the event they may want to consider relocation. Based on publication deadlines--and providing adequate time -fort - response, it is recommended : that the deadline for ,submitt.,ing,-- proposals be set on November 3, 1986 . A preliminary screening committee, designated by the City Council, will conduct a preliminary screening by Novemer 7, 1986 , and the City Council will conduct interviews during the week of November 10, 1986 . Appointment is proposed to be made at the November 24, 1986 Council Meeting. In the interim between interviews and formal appointment, background checks, selection, and contract negotiations are to be conducted. AW ALTERNATIVES: Direct staff to conduct a full-time Attorney recruitment. Such a recruitment, however, will result in considerably higher costs due more hours, support staff (Secretary) and supplies (Law Library) costs. NIS :kv Filey MAtrnvl e ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 _ POST OFFICE BOX 749 ATASCADERO.CALIFORNIA 93423 ATASCADERO. CALIFORNIA 93423 PHONE: (805( 466-8000 PHONE: (805) 466-5678 CICOUNCIL r� CITY CLERK POLICE DEPARTMENT CITY TREASURER POST OFFICE BOX 747 CITY MANAGER INCORPORATED JULY 2, 1979 ATASCADERO,CALIFORNIA 93423 FINANCE DEPARTMENT PHONE: (8051 466.8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT � PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE. ATASCADERO,CALIFORNIA 93422 -�- PHONE: (805) 466-2141 REQUEST FOR PROPOSALS CITY ATTORNEY The City of Atascadero invites interested attorneys or legal firms to submit a proposal to provide contractual legal services to serve as City Attorney. A proposed contractual agreement is to be included with the proposal. REQUESTED INFORMATION: 1. Statement of ordinary services to be provided under a flat rate monthly retainer, and said amount of retainer. Definition -of ordinary services to be provided under retainer include: A. Attendance at all regular and special meetings of the City Council, and other meetings, as deemed necessary and render- ing advice and opinions with respect to such meetings. Regular attendance at Planning Commission is not required. However, attendance upon request may be required on an infrequent basis _ B. Provision of toutine legal advice, consultation and opinion to the City Council and staff. C. Assistance in the preparation of resolutions, notices, con- tracts, ordinances, leases, and other legal documents. D. Attendance at two (2) .staff agenda preparation each month. E. Cooperate with -and assist the City, its officers,`agents `^and employees on all legal matters pertaining to the City, in- cluding general policies, personnel, zoning, election and legal procedures, and negotions of leases, contracts, and franchises. F. Keeping City Council and staff apprised of court rulings and legislation affecting legal interests of the City. G. __ Performance of legal research and presenting written and oral opinions to the City Council and staff, when requested. 1 '' i References and qualifications of-'top candidates based upon propos responses will be verified. The City Council will conduct person interviews of the top candidates and make the final selection. If the candidate is a firm, the person within the firm who is proposed to be designated as City Attorney will be expected to be the key inter- viewee. A formal contract outlining dues and reimbursement will be entered into with the successful candidate. The City Council reserves the right to reject all proposals, to request additional information concerning any proposal for purpose of clarification, and to accept or negotiate any modification to any proposal following the deadline of receipt of all proposals, and to waive any irregularities, if such would serve the best interest of the City, as determined by the City Council. All inquiries regarding this Request for Proposal and current, legal services for the City, including types of legal activities,- past and current litigation, should be directed to the City Manager. 3 Jeffrey G. Jorgensen Attorney at Law Firstbank Building Law Center 1135 Osos Street• P.O. Box 910 San Luis Obispo, California 93406 Telephone(805)541-3353 October 9, 1986 Michael Shelton, City Manager City of Atascadero P.O. Box 747 Atascadero, CA 93423 Re: Reauest for Proposals for City Attorney Services Dear Mr. Shelton: This letter is in response to your request for proposals for City Attorney services for the City of Atascadero. I am enclosing a copy of my resume and a proposed service agreement for your information. I would like to emphasize that the'` proposed contract is based upon the concerns expressed in your request for proposals and is subject to further negotiation and modification to meet the specific needs of the City of Atascadero. Obviously, if Proposition 61 passes at the Novem- ber election, an entirely different agreement would need to be negotiated. With respect to your request for an explanation of my exper- ience and qualifications related to providing city legal services, I offer the following comments. ` A. Legal Training and Years of Experience. I received my J.D. Degree from Willamette University College of Law in Salem, Oregon, in March, 1975. My law school education was concentrated in the areas of munici- pal law and land use planning, and I served as an intern to the Governor of the State of Oregon on statewide planning issues and the development of a General Plan for the State of Oregon. In addition, I wrote my doctoral thesis on "Emeraina Judicial Standards in Municipal Growth Limitation". n Michael Shelton, City Manager Re: Rectuest for Proposals for City Attorney Services October 9, 1986 Page 2 B. Knowledae of California Municipal Law. I have been a licensed attorney in the State of Cali- fornia since 1976. I moved to San Luis Obispo to take a position as assistant to the City Attorney of the City of San Luis Obispo, where I helped to implement the City's - General Plan, Environmental Impact Guidelines, Land Use Planning Regulations, various municipal ordinances, and served as an advisor to the City Planning Commission. Since that time I have served in a number of positions, both legal and nonlegal, related to municipal law, land use planning, and local government, including serving as an elected representative on the San Luis Obispo City Council and San Luis Obispo County Board of Supervisors. In addition, I have taught for the past several years- at California Polytechnic State University in the City and Regional Planning Department in the areas of planning, environmental, and development law. I am currently an attorney in private practice in the City of San Luis Obispo, emphasizing municipal, land use, and business law. C. Clients Represented. My duty of confidentiality as an attorney with respect to private clients does not allow me to disclose specific individuals; however, with respect to the public sector, I am currently legal counsel to the Santa Maria Public Airport District, a public agency organized pursuant to the California Airport District Act. The meeting dates and time demands of my representation of the Airport District are compatible with the requirements of the Atascadero City .Attorney's position, and ._the types of legal issues involved are very similar. I'n addition, I served as contract City Attorney for the City of Morro Bay for a six-month period in 1985. Finally, I am also an elected member of the Board of Directors of the San Luis Obispo Chamber of Commerce and serve as legal counsel to the Board. Michael Shelton, City Manager Re: Reauest for Proposals for City Attorney Services October 9, 1986 Page 3 D. Court Experience. My present practice does not emphasize litigation; how- ever, I have had significant court experience (including several jury =trials) as a deputy public defender. I have also had varied experience over the years in civil' matters ranging from debt collection, contract enforce- ment, unlawful detainer, civil injunction, mandamus actions, and enforcement under the California Environ- mental Quality Act. I therefore have the experience to handle most of the City's litigation responsibilities, and would recommend the association of special counsel for unusually complex, specialized, or protracted litiga- tion. E. Office Location. My office is located in a convenient location in the City of San Luis Obispo, with adequate parking adjacent to the County court system. I would be willing to hold office hours in Atascadero at a location and times convenient to the City. I would also like to explore the feasibility- of creating a computer link between my office and City' Hall to facilitate the transmittal and revision of docu- ments. The request for proposals also asks for a designation of a desired working relationship between the City Attorney and City Council, City Manager, and other members of City staff. While this is a complex issue, I believe the City Attorney should be a direct employee of the City Council, and serve at the will of the Council. At the same time, the City Attorney " y must have a good working, relationship and good communications r with the City Manager. I have found that an "atmosphere of respect, cooperation, and support between the City Manager and City Attorney is very important. The City Attorney should give his best professional advice to ensure that the City is acting in a legally permissible manner, but should avoid becoming involved in policy and management issues. Ulti- mately, the City Attorney should practice preventive law by providing the City Council and City Manager with sufficient information to make decisions which are legally defensible and to avoid the expense of litigation wherever reasonably pos- sible. Michael Shelton, City Manager Re: Request for Proposals for City Attorney Services October 9, 1986 Page 4 I hope this letter, together with my resume and the proposed service agreement, will adequately address most of the issues raised in your request for proposals. Please feel free to contact me at any time if I may be of further assistance in answering questions about my application. I would be pleased to provide references on request. Sincerely, ®RE G. R NSEN JGJ: fr A2:LTJGJ158 Enclosures cc: City Council Jeffrey G. Jorgensen Attorney at Law Firstbank Building Law Center 1135 Osos Street • P.O. Box 910 San Luis Obispo, California 93406 Telephone(805)541-3353 RESUME - PERSONAL Birthplace: Santa Monica, CA Health: Excellent Birthdate: July 24, 1948 Status: Married (Jane G. ) State Bar No. 68576 EDUCATION BACKGROUND LEGAL: Willamette University College of Law, Salem, Oregon J.D. Degree, March, 1975 Activities: 1st Year Class President, 1973 Student Bar Association President, 1975 Chairman, Oregon State Penitentiary Program Volunteer, Salem Legal Aid Clinic Oregon Student Public Interest Research Group (OSPIRG) Honors Writing and Research Internship, Governor's Office, State of Oregon J.D. Thesis: Emerging Judicial Standards in Municipal Growth Limitation GRADUATE: University of California, Santa Barbara, 1972 One year of -study -towards M.A. in Political Science Areas of Concentration: Political Theory Constitutional Law Judicial Behaviorism UNDER- University of California, Santa Barbara, 1971 GRADUATE: B.A. Degree in Political Science and Cultural Anthropology Activities: Dean's List Letters and Science Scholar's Program Project Nepal-Afghanistan Student/Faculty Conduct Committee EMPLOYMENT BACKGROUND LEGAL: Sole Practitioner, 1977 to Present Jeffrey G. Jorgensen Attorney at Law General civil law with emphasis on business and real property practice, municipal law, and land use planning. Counsel to Santa Maria Public Airport District. Counsel to San Luis Obispo Chamber of Commerce. City Attorney, 1985 City- of- Morro Bay California Contract city attorney for California general law city. Deputy Public Defender, 1976-1977 Richard A. Carsel A Law Corporation S.L.O. , CA Juvenile Court Deputy Grover City Municipal Court Deputy (misdemeanor trial attorney) General civil/real property practice Assistant City Attorney, 1975-1976 City of San Luis Obispo California Legal assistant in development and implementation of City General Plan, environmental impact guide- lines, land use planning regulations, drafting of municipal ordinances, advisor to City Planning Commission. Intern, 1975 Counsel to the Governor State of Oregon Legal research in areas of legislation, land use planning, extraditions, and commutations, advisor to Land Conservation and Development Commission. Intern, 1974-1975— County Counsel Washington County Oregon Law clerk reviewing County Comprehensive Plan, ` appeal process, general land use litigation and zoning. NONLEGAL: County Supervisor, 1980-1985 County of San Luis Obispo California S.L.O. Area Council of Governments Local Agency Formation Commission Health Commission Joint Conference Committee (Hospital) Local Government Commission City Councilman, 1977-1980 City of San Luis Obispo California S.L.O. Area Council of Governments S.L.O. County Water Advisory Committee EMPLOYMENT BACKGROUND (Continued) Lecturer, 1978-1985 City and Regional Planning Department California Polytechnic State University, San Luis Obispo, California Courses included the following: CRP 401 - Planning Theory CRP 406 - Environmental/Planning Regulations CRP 420 - Environmental Law CRP 460 - California Land Development Law ' CR=P 470 - Politics, Planning, and Citizen Participation Planning Consultant, 1976 Planning Department, County of San Luis Obispo CA Revision of County General Plan and zoning regula- tions. Subdivision administration, review and processing of lot division applications for zoning compliance and General Plan consistency. ACTIVITIES San Luis Obispo County Bar Association Legislative Committee, 1983-1985 State Bar of California Urban Law Section, 1985 to Present American Bar Association Section on Urban, State, and Local Government Law, 1985 to Present The Association of Trial Lawyers of America Aviation Law Section, 1985 to Present San Luis Obispo Chamber of Commerce Board Counsel, 1986 Executive Committee, 1986 Board of Directors, 1985 to Present Legislative Action Committee, 1984 -to Present San Luis Obispo Mozart Festival Association ' President, 1984 Vice President, 1983 Secretary, 1982 American Lung Association, San Luis Obispo County Board of Directors, 1984-1985 INTERESTS Backpacking, cross-country skiing, photography. REFERENCES Available upon request. JGJ:fr/10/86 C:MSJGJ050 MEETING AGENDA DA ITEM# �_ TO: i C ty Council Members November 24, 1986 FROM: Michael Shelton 1A� City Manager SUBJECT: CITY COUNCIL AND PLANNING COMMISSION REGULAR MEETING DATE CHANGE RECOMMENDATION City Council introduce attached Ordinance 142, amending Ordinance 1 (Municipal Code 2-1.01) and Ordinance 9 (Municipal Code 2-9. 08) changing Council Meetings from the second and fourth Mondays of the month to the second and fourth Tuesdays, and changing Planning Commission Meetings from the first and third Mondays of the month to the first and third Tuesdays, to be effective March 1, 1987. DISCUSSION; At your joint City Council/Planning Commission Meetiing on November 5, 1986, Planning Commissioner Bond requested Council consideration of changing the regular Planning Commission Meetings from Monday to Tuesday. After considerable -discussion by Council and Commission, staff L was directed to evaluate and bring back to the City Council an ordinance that would reflect the proposed change. Staff reviewed Council' s request and could find no compelling reason not to make the change. Advantages included longer Council and Commission agenda review time with greater opportunity to visit and discuss agenda item impacts with applicants and the public. Staff is unaware of any Tuesday evening conflicts. Changing Planning Commission Meetings to Tuesday night will eliminate the current conflict of meeting at the same time as . the School District. The proposed change -does not conflict with the City" Attorney's schedule. , Assuming Council adoption, the ordinance provides for a three (3) month advance notice prior to implementation on March 1, 1986. MS:kv File: MCCPC 0 i ORDINANCE NO. 142 AN ORDINANCE OF THE CITY COUNCIL OF ATASCADERO CHANGING THE MEETING TIMES FOR THE REGULARLY SCHEDULED MEETINGS OF THE ATASCADERO CITY COUNCIL AND PLANNING COMMISSION WHEREAS, the Atascadero Municipal Code, Section 2-1. 01 , provides in part that the City Council shall hold regular meetings on the second and fourth Monday evening at 7 :30 p.m. , of each month; and WHEREAS, Section 2-9. 48 of Atascadero Municipal Code provides that the Atascadero `�Planning Commission shall hold at least one regular meeting each month; and WHEREAS, the Atascadero Planning Commission has held regularly scheduled meetings on the first and third Monday of each month; and WHEREAS , in order to provide consistency in the meeting dates and times so as to avoid conflicts with holiday scheduling, anal "to allow better participation at regularly scheduled Planning Commission and City Council Meetings by the public; and WHEREAS , to establish meeting dates for the City Council on the second and fourth Tuesday' s of each month and the Planning Commission on the first and third Tuesday' s of each month would allow City Staff more time to properly prepare for regularly scheduled meetings. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows . Section 1. Section 2-1. 01, of Chapter l of Title 2 of the Atascadero Municipal Code is amended to read as follows : "Section 2-1. 01 . MEETINGS. The Council shall hold regular meetings in the Rotunda Room, fourth floor, Administration Building, 6500 Palma Avenue, Atascadero, every second and fourth Tuesday evening at 7 :30.p.m., : and on such other days , at such othertimes , as may be designated in an order for a special meet-ing� A`_ special meeting may be ordered in accordance with the provisions of Section 54956 and Section 54956 . 5 of the Government Code of the State. When the day for any regular meeting of the Council falls on a legal holiday, the meeting shall not be held on such holiday but shall be held at the same hour on the next succeeding day thereafter which is not a holiday, or at such other time as shall be determined and noticed by the Council. " y, Section 2. Section 2-9. 08 of Chapter 9 of Title 2 of the Atascadero Municipal Code is amended to read as follows : "Section 2-9. 08. CHAIRMAN: RULES: RECORDS AND MEETINGS . f As of August 1st annually, or as soon thereafter as is feasible, Planning Commision 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 regularly scheduled meetings in the Rotunda Room, fourth floor, Administration Building, 6500 Palma Avenue, Atascadero, every first and third Tuesday evening at 7 : 30 p .m. , and on such other days , at such other times , as may be designated in order for a special meeting. When the day for any regular meeting of the Planning Commission falls" on a legal holiday, the meeting shall not be held on such holiday but should be held at the same hour on the next succeeding day thereafter which is not a holiday, or at such other time as shall be determined and noticed by the Planning Commission." Section 3 . This Ordinance shall go into effect and be in full forceand�eaect at 12:01 a.m. , on March 1 , 1987. Section 4 . The City Clerk shall cause this Ordinance to be publishe once within fifteen days after its passage in a Newspaper of general circulation, printed, published, and circulated in the City of Atascadero in accordance with Section 36933 of the Government Code; shall certify the adoption and posting of this Ordinance and shall cause this Ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. On motion by Councilmember and seconded by Councilmember , the foregoing Ordinance is hereby adopted in its entirety by the following roll call vote: AYES : NOES : ABSENT : DATE ADOPTED: ATTEST : CITY OF ATASCADERO , CALIFORNIA BY: BOYD C . SHARITZ , City Clerk MARJORIE MACKEY, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: MICHAEL SHELTON, City Manager ROBERT M. JONES, City Attorney ' AGENDA §VIN! ITEM#Z�S iMEMORANDUM To: Honorable Mayor and City Council- Through: ouncilThrough: Michael Shelton, City Manager , From: Paul M. Sensibaugh, Director of Public Works/City Engineer, and Don Smith, PG&E Local Coordinator Re: Rule No.20-Underground Utilities Conversion Recommendation: Staff recommends that council proceed with the first step for utilizing Rule No .20 funds by appointing an ad hoc committee which consists of, at minimum, representatives of the affected utility companies, the Public Works Director, the Community Development- Director, citizens from the potential district areas. A list is attached for your consideration . Backround The City of Atascadero has accumulated approximately 5420, 000 in Rule No .20 funds through 1986 . This is sufficient money to consider an undergrounding project to eliminate overhead utilities in . designated areas . In addition the City can "borrow" against future funds to 1989, thus making a total of about 5730,000 available for a project or projects This money .,. comes from a percentage of PG&E'- customer rates and can only be used for undergrounding purposes.- -If the funds are not utilized or committed by 1989 they will be redistributed to other communities that have an active program. Enclosed is a portion of a document prepared by the American Public Works Association that, while lenghtly, gives an excellent overview of the purpose of the program and the procedures that must be followed. The appendicitis referred to and a model ordinance are available upon request ' and will be supplied to the selected committee. Additionally, the League of California Cities has prepared in conjunction with PG&E and Pacific Bell an excellent_ planning guide entitled "Underground Utilities Conversion"1, alsog availabley upon request . Discussion: Several years ago an underground project was completed along E1 Camino Real from Rosario to Curbaril . The three preliminary districts considered by staff are: (a) a continuation of the E1 Camino Real project to the south or the north, (b) Morro Road CHgwy . 41) west of E1 Camino#_. Real, and Cc) the central business district . The decision on the district boundary will involve a resolution to be passed by • Council which could result as a lein on adjacent properties . The 0 initial ,fob of the committee will be to recommend an area to council for their consideration. Council is specifically referred to the section in the APWA material that relates to using a portion of the funds for the mandatory private connections that, while reducing the amount of money available for public improvements, could eliminate the need for- property leins and the potential of a protest of the district . Fiscal Impacts The $730,000 has already been allocated to the City of Atascadero in a five year plan that ends in 1989. If these monies are not obligated by that time through a passage of an ordinance forming a district- they- could be lost to another city . Enclosures: Exerpt from APWA Model Ordinance and Resolution for Utility Overhead to Underground Conversions, 1985 Cover sheet of the League of California Cities' "Under- ground Utilities Conversion" Planning Guide Rule No.20-A major steps chart Rule No.20-A Allocation Status _- List of potential committee members • 4 Underground Utility Conversion Committee Suggested Members Pacific Gas and Electric Don Smith Pacific Bell Jess Lee Falcon Cable Tom Hatchel City of Atascadero Paul M . Sensibaugh Henry Engen Central Business District E1 Camino Real South E1 Camino Real North Morro Road Grigger Jones r UNDERGROUND CONVERSION The term underground utilities conversion most commonly refers to projects undertaken in accordance with a policy adopted by the California Public Utilities Commission (CPUC) in 1967 (Decision 73078, Case No. 8209) . This policy was developed because of numerous complaints that the growing accumulation of overhead utility lines presented a significant blight to our neighborhoods. Decision 73078 provided the authority and established the guidelines and procedures to be followed when privately owned electric and telephone utility companies converted their overhead distribution lines to underground lines. This decision recognized 4 categories where this undergrounding could take place: A. At the request of a local governing body for general public interest. B. At the request of a governmental agency or a group of applicants. C. At the request- of an individual applicant. y D. At the utility initiative. ' " T Following this decision, each privately-owned utility company was required to file tariffs reflecting the procedures established by the Commission. These projects, which are often referred to as "Rule 20 projects" , denote the rule designation common to all all electric utilities. 3 r, CATEGORY A AT THE REQUEST OF THE LOCAL GOVERNING BODY FOR THE GENERAL PUBLIC INTEREST This category provides cities and counties the means to establish an ongoing program directed toward the removal __, of concentrations of overhead utility lines which adversely affect the general population. Using this method, the overhead distribution lines are converted at the expense of the utility companies. The amount._.., of , undergrounding which can be accomplished using this method is limited by the availability of funds, which are allocated to a particular community for this purpose by the electric utility company. The requirement to allocate these funds was established by the C.P.U.C. in Decision 73078 (1967) . This decision required each privately-owned electric utility to annually set aside approximately 2% of its certain gross electric revenues specifically for undergrounding purposes. These funds are, in turn, allocated to each city and unincorporated area served by the electric . utility. The amount that each community is now allocated is based on the ratio that a city's or county' s electric utility customers bear on the utility' s total system. 4 i = • Each year, the cities and counties are notified by the electric utility of the amount of their current years ' allocation. Additionally, they are provided updated information on their amount of unused or carryover allocation which they have accumulated. Depending on the size of the community, it is sometimes necessary to accumulate funds over a period of more than one year or to use advance funds in order to fund a _ __ qualified project. Funds, allocated by the electric utility companies, are for the specific purpose of undergrounding the electric utility lines. The privately owned telephone utility companies were not required by Decision 73078 to allocate funds in a similar manner. They were, however, directed to file tariffs, which required them to "underground" their overhead lines to the same extent as required - by the electric utility. In this way, the financial impact on the telephone utilities is directly related to the allocated funds provided by the electric utility companies. Cable television companies are not subject to the regulation -of the California Public` Utilities Commission. Their requirement ` to "underground" is subject to the conditions of their local franchise agreement. 5 Prior to 1982, property owners who were required to convert their utility services from overhead to underground, as the result of the formation of an underground utility district, were also required to do so at their expense. This work included the conversion of the electric termination facility and the cost to provide the trenching, conduit, and backfill on their properties necessary to "underground" their individual utility service lines- , ..., (Service Lateral) . _ In 1982, the Commission ruled that cities/counties should have the option to require the electric utility companies to use a portion of their allocated funds to assist the property owners. These options, which now are a part of the electric utility company's tariff, state: "Upon the request of the governing body, the utility will pay for a maximum of 100 feet of the customer's service lateral. The governing body may establish a smaller foot- age allowance. ; or "May limit the amount to be expended on a single customer' s service or the total amount to be expended on a customer' s service laterals in a particular project. " All 6 i - • The use of allocated funds for the purpose outlined above 10 must be uniformly applied to all properties within the same district; however, those funds need not be applied each time a district is formed. If the decision is made to apply one of these options now available, it must be indicated so by the resolution forming the district. A "model resolution" with the appropriate language is provided in Appendix II. It should be noted that, even though several years have lapsed since the Commission's decision in 1982, many of the telephone utility companies have not revised their tariffs to incorporate this option. Since the electric utilities have taken the position that the use of allocated funds is specifically limited to the undergrounding of electric lines, it is unclear in some areas who will be responsible to pay for the underground telephone service lateral. The telephone utility company serving each particular community should be contacted prior to considering the use of the options outlined above. Successful local undergrounding programs are based on a well- planned, cooperative effort by all involved. This effort usually begins with the formation of an undergrounding advisory committee. This Committee's members should include local public works and planning officials and representatives of the overhead 7 + r • i utility companies (electric, telephone, and cable T. V. ) . The Committee is primarily responsible for implementing projects consistent with the overall undergrounding goals, established by the community. In order to select and schedule projects which efficiently use the allocated funds available, the Committee must coordinate its underground projects with the local public- improvement program, including the improvements scheduled by the utilities to their own systems. This coordination can only be achieved by an ongoing effort to share information, even during those periods when funds are not available to implement specific projects. Another important consideration in the planning effort is the possible loss of a community's funds through lack of use. The electric utility companies were empowered by the Commission' s original decision to reallocate unused funds; however, they have understandably, been reluctant to do so. In 1982, the Commission recognized that funds in some communities had been allowed to accumulate beyond reasonable limits. The Commission therefore ordered the electric utilities to submit a plan to reallocate these unused funds. The plan, which is .b.eing submitted by Pacific Gas and Electric Company, can be found in Appendix III. -_ `This plan ---is" - expected to receive approval by the Commission in 1986. 8 R , The formation of an "underground" utility district using allocated funds requires the following procedures: 1. The local governing body must adopt an enabling ordinance establishing the requirements, procedures, and exclusions for the conversion of overhead utilities (See Appendix I) . 2. The city/county must accumulate sufficient allocated funds to "underground" the electric distribution lines within a specific area. 3. The advisory committee submits its recommendations to the local governing body, including the following information: A. A boundary map of--the proposed district. B. The estimated allocated funds required to under- ground the electric lines. C. Estimated cost for each property owner. D. Date properties are to be ready for underground service. E. Date by which all overhead utilities are to be removed. 4. The local governing body holds a public hearing to dis- cuss the proposed district . 9 5. A resolution is adopted declaring the area an "underground" utility district and ordering the removal of the overhead utilities. The resolution must include the date by which the properties are to be ready to receive underground service and the date the overhead utilities are to be removed. The resolution must also include at least one of the following findings: "The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of over- head distribution"; "The streets, roads or rights-of-way in the district are extensively used by the general public and carry a heavy ,, volume of pedestrian or vehicular traffic" ; "The said streets, roads or rights of way adjoin or pass through: a. a civic area b. a public recreation area C. an area of unusually scenic interest to the general public. " 10 18-e000 3/84 (100 ) .RULE 20-A PROJECT MAJOR STEPS TO INITIATE AND COMPLETE A PROJECT SCHEDULE COMPLETION 1. Establish priority list of proposed projects for governmental agency 2 . Identify project and establish rough cost - compare to allocation 3 . Define job limits (contact other utilities) 4 . Obtain company and city or county staff concurrence 5 . Establish preliminary cost prepare drawings determine R/W requirements determine street light costs review with other utilities 6 . Division review and approval of preliminary plan 7 . Submit to city council or board of supervisors for concurrence 8. Determine customer costs 9 . Preliminary hearing with property owners and/ or public hearing 10 . Establish boundary, construction dates, and enact resolution 11. Submit final estimate advance GM for material and ;R/W critical material obtain R/W Division and GO approval of GM 12 . Assign Project Construction Coordinator 13 . Prepare specs and bid drawings t 14 . Obtain bids 15 . Prepare contracts 16 . Contractor start and complete work 17 . PGandE completes underground work 18 . Follow up to comply with resolution dates (contd on reverse side) F RULE 2 0 A ALLOCATION STI S ?ure 1.',1486 N N N ALLOCATED RULE 20A FUNDS SUMMARY OF COSTS FOR ALL PROJECTS REMAINING :VISION ________________________________________________ ___-_______-__=_________=-___=_=_==-___=___=__=_ - - - � FUnOS FOR CARRYOVER 1986-1989 CONTRIBUTIONS TOTAL FUNDS : IN PRELIM COMMITTED STARTED TOTAL FUTURE City/County TO 1486 ALLOCTN BY COUNTIES AVAILABLE : PLANNING t TO START tt IN 1986 PROJECTS PROJECTS _--------------- ---------- --------- ----------- ----------- ---------- ---------- ----------- ---------- --------- AN JOSE DIVISION ' 6ilorY 243 211 510 170 170 350 Milpitas 43 355 398 0 398 Morgan Hill 111 144 261 0 261 San Jose 3,533 7,611 11,145 1,118 1,128 10,017 Santa Clara Cnty 1,023 2,581 4,404 0 4,404 • 0 -_. = 0. • 0 0 -------- --------- --------- --------- ------ 5,954 10,774 0 16,118 0 1,198 0 1,298 15,430 :JS PADRES DIVISION ; Arroyo Grande 246 110 456 0 456 Atascadero 331 399 730 0 ` 730 Grover City _ -.71 .._.__ 214 131 _ ... -..._ -,__.,,,,...,..0 -137 !'orrow Say 141 273 514 Faso Robles 117 211 3,8 0`"' ; 318 Pisto Beach._. , - -= -35 `" .`'135.'• , -w...a»-..�._ .•,_ �. 2110 -., 0 S.L.O. City 111 648 819 0 814 S.L.O. County 645 1,457 1,111 476 476 1,636 Guadalupe -41 61 21 0 11 Santa Maria-Inc 676 600 1,176 0 1,276 Solvang 0 19 74 0 19 Santa Barbara-Co 1,042 1,005 2,043 0 2,048 --- --- -------- ---- ----- --------- ------- ------ -------- -- 1,759 3,5557 0 8,740 0 476 0 476 _---&,264 --------------------- --------- --------- FECiONAL TOTALS 11,348 29,017 0 43,784 0 2,509 0 2,509 41,230 Th: ;nderyround district has not been ioraed. * T`e mderground district has been icr ed. ' f