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Agenda Packet 06/30/1984
CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT JULY 1, 1983 TO JULY 31, 1983 EXPENSE LISTING PAYROLL DATED 07/13/83 CHECKS #11103-11208 52,211.35 PAYROLL DATED 07/27/83 CHECKS #11210 -11293 47,152.75 VOID CK#16931 CK. REG. DATED 07/31/83 PAGE 1 (424.31) VOID CK#17387 CK. REG. DATED 06/30/83 PAGE 7 (55.95) VOID CK#17461 CK. REG. DATED 07/15/83 PAGE 5 (140.00) TOTAL $ 98,743.84 24 , M E 11 0 R A N D U M 4f7—r TO: Murray ,' 4Ahs4 FROM: Larry McPherson �y `�� �?/, /g3 SUBJECT: Service Contract - Dial-A-Ride DATE: June 7, 1983 ., Recommendation:. It is recommended that Council authorize the City Manager to execute a service contract with Community Transit Service, Inc. of Anaheim, for providing labor, insurance and management services in conjunction with the operation of the City's Dial-A-Ride bus system. The maximum cost of this contract is not to exceed $131,641 for fiscal year 1983-84. Background: Community Transit Services has provided labor and management services for the operation of the Dial-A-Ride system for over three years. It is staff's opinion that the services provided have been acceptable and costs have been evaluated to be reasonable. The Fixed and Variable Cost summary on page 2 of 2 showsthebreakdown of fees and provides for payment of $1,531.21 per week to cover fixed costs, overhead, and profit, while a fee of $7.214 per hour is to be charged in addition to the fixed charge for each operating hour. The contract document includes cost support data for each of the functions provided by the operator. Substantial change in the present service level of the Dial-A-Ride bus service would be subject to a re- negotiated contract. The cost shown on this contract complies with the figures in the proposed budget for fiscal year 1983-84. LAWRENCE McPHERSON LM;vh cc: City Attorney Finance Dir. att. • 1 2 3 AGREEMENT 4 THIS AGREEMENT is made this day of June, 1983, by and between the 5 CITY OF ATASCADERO, hereinafter referred to as "City" and COMMUNITY TRANSIT 6 SERVICES, INC., hereinafter referred to as "M&0." 7 WITNESSETH: 8 WHEREAS, M&0 has the management and technical personnel, expertise, and 9 other assets useful for the support of City's transportation project; and 10 WHEREAS, City is desirous of obtaining such services for said project; and 11 WHEREAS, M&O is desirous of providing such services; 12 NOW THEREFORE, in consideration of the foregoing recital and covenants 13 and agreements of each of the parties herein set forth, the parties hereto do 14 agree as follows: 15 1. Purpose: City hereby contracts with M&O to provide transportation 16 management and operations services upon the terms and conditions hereinafter 17 set forth. 18 2. Scope of Work: M&O will provide the services to be rendered as set 19 forth in Exhibit "A" (Scope of Work), attached hereto and by reference incor- 20 porated herein and made a part hereof. 21 3. Time Period: M&O shall commence service operations of City's trans- 22 portation project on July 1, 1983, andcontinueoperations through June 23 30, 1984, within the budget defined under the heading "Maximum Obligation." 24 4. Maximum Obligation: City agrees to pay M&O in consideration for its 25 services as described herein. The maximum price to be paid by City to M&O 26 shall not exceed One Hundred Thirty One Thousand, Six Hundred Forty-one 27 Dollars ($131,641.00). 10/4 -1- s � 1 5. Price Formula: City agrees to pay M&O for performance of the 2 services set forth in this Agreement as follows: 3 (a) Payment of a fixed hourly rate of $7.214 per vehicle service 4 hour. Vehicle service hours will be computed by using the time each vehicle 5 leaves the garage for its first pickup point each day and until such time as 6 each vehicle returns to the garage at the end of each operational day ex- 7 cluding time for driver lunch breaks. 8 The hour rate shall include, but not be limited to, the fol- 9 lowing: vehicle operators' revenue wages; fringe benefits; and overhead costs. 10 (b) Payment of a fixed weekly rate of $1,531.21 per service week. 11 The weekly rate shall include, but not be limited to, the follow- 12 ing fixed costs: vehicle operators' non-revenue wages; managements' and 13 controllers' wages; fringe benefits; overhead costs; uniforms; vehicle in- 14 surance; physicals; dispatch office supplies; and management fees. 15 (c) City shall provide dispatch office facilities, garage and park- 16 ing facilities; maps and charts; fuel, radio and vehicle maintenance and 17 parts; repairs due to accidents; these are not included in the fixed weekly 18 rate. 19 6. Invoices: M&O shall submit the invoices to City as follows: 20 (a) Hourly costs shall be directly traceable by dispatcher and/or 21 driver trip sheets and employee time cards, which will be available for review 22 by City. Hourly costs shall be submitted weekly. 23 (b) The fixed weekly rate shall be directly traceable by employee 24 time cards, which will be available for review by City and submitted monthly. 25 (c) Other charges not covered in the hourly or fixed rate invoice, 26 shall be billed monthly with charges directly traceable to receipts, bills, 27 etc. , copies of which shall be attached to the invoice. Each monthly billing -2- 1 will include a certification that all amounts billed are in accordance with 2 this Agreement. 3 7. Payment: All payments by City shall be made in arrears, after the 4 service has been provided. Payment shall be made by City no more than thirty 5 (30) days from City's receipt of invoice. City shall normally pay by voucher 6 or check within ten (10) working days after each meeting at which payments can 7 be authorized, provided that City receives the invoice at least three (3) 8 working days prior to the City's meeting date. If City disputes any items on 9 an invoice for a reasonable cause, City may deduct that disputed item from the 10 payment, but shall not delay payment for the undisputed portions. The amounts 11 and reasons for such deletions shall be documented to M&O within fifteen (15) 12 working days after receipt of invoice by City. City shall assign a sequential 13 reference number to each deletion. Payments shall be by voucher or check 14 payable to and mailed first class to: 15 Accounts Receivable COMMUNITY TRANSIT SERVICES, INC. 16 2121 West Crescent Avenue, Suite D Anaheim, California 92801 17 18 8. Operating Revenues: All operating revenues collected by M&O are the 19 property of City. Operating revenues include all fares, sales of tickets and 20 passes, advertising sales, and rental of equipment. They shall be counted and 21 kept separately under appropriate security. Once a week or more frequently 22 they shall be deposited by M&O at a banking institution as directed by City. 23 Reports on the revenues collected and deposited shall be provided to City. 24 9. Charter Services: Charter services will be provided by M&O upon 25 request by City's authorized employees. Charter services outside normal 26 operating hours and charter services within but in addition to normal opera- 27 tion shall be considered extra services. The costs will be determined on an -3 • 0 1 individual-trip basis at incurred costs plus a fifteen percent (15%) fee and 2 billed separately from this Agreement, and shall be treated as a change to 3 this Agreement as defined under "Changes," and shall be in excess of the maximum 4 price defined in the "Maximum Obligation." 5 10. Control: 6 (a) All services to be rendered by M&O under this Agreement shall 7 be subject to the control of City. M&O shall advise City of matters of 8 importance and make recommendations when appropriate; however, final authority 9 shall rest with City. 10 (b) City shall not interfere with the management of M&0's normal 11 internal business affairs and shall not attempt to directly discipline or 12 terminate M&O employees. City may advise M&O of any employee's inadequate 13 performance which has a negative effect on the service being provided, and M&O 14 shall take prompt action to remedy the situation. In extreme cases, City may 15 demand removal of an M&O employee. 16 11. Management: During the term of this Agreement, M&O shall provide 17 sufficient executive and administrative personnel as shall be necessary and 18 required to perform its duties and obligations under the terms hereof. 19 12. Medical Assistance to Passengers: M&0's employees shall not be 20 required to perform any medical or quasi-medical functions for passengers. In 21 the event of illness on board a vehicle, the driver shall advise the dispatcher 22 by radio and may proceed immediately to a medical facility for help. 23 13. Uniforms: M&O shall purchase uniforms for employees and shall 24 require the employees to wear them. The design, type, and logo of the uniforms 25 shall be subject to City's approval. 26 14. Changes: In the event City orders changes from the list of work 27 shown in Exhibit "A" (Scope of Work) or for other causes orders additional M&O -4- 0 1 work not contemplated hereunder, additional compensation shall be allowed for 2 such extra work according to the method defined under the heading "Price 3 Formula." City shall promptly notify M&0 in writing by change order of all 4 changes in scope. Change order shall specify a cost limit or shall be subject 5 to subsequent negotiation. 6 15. Renewals: This Agreement may be renewed for subsequent budget 7 periods upon the mutual agreement of both parties. The parties shall meet 8 prior to two (2) months before the expiration date of the budget in this Agree- 9 ment to develop a budget for the subsequent period. 10 16. Qualification for Future Contracts: As a result of having entered 11 into this Agreement, M&0 shall not be inhibited, penalized, or disqualified 12 from bidding subsequent transportation management and operation programs under 13 the jurisdiction of City. 14 17. Succession: This Agreement shall be binding on and inure to the 15 benefit of the heirs, executors, administrators, and assigns of the parties. 16 hereto. 17 18. Disputes: 18 (a) Any controversy or claim arising out of or relating to the 19 provisions of this Agreement, or the breach thereof, shall be settled by 20 arbitration at the election of either party in accordance with the Rules of 21 the American Aribitration Association at Los Angeles and judgment upon the 22 award rendered by the abritrators may be entered in any court having 23 jurisdiction thereof. 24 (b) The Federal Procurement Regulations shall be used where applic- 25 able to define, resolve, and settle procurement issues. 26 19. Stop Work: City may stop work on City's transportation system upon 27 forty-eight (48) hours written notice to M&0. City shall be liable for all -5- 1 relevant costs incurred prior to the stop-work period and for restart, if any. 2 City shall be obligated for the costs including severance for personnel assigne 3 to City's transportation system for a period not to exceed four (4) weeks - 4 after the stop work goes into effect. M&O shall make all reasonable efforts 5 to minimize costs to City. 6 20. Termination: 7 (a) City may terminate the Agreement upon ninety (90) days' written 8 notice to M&O and shall be liable for costs and a prorate of the fee as spe- 9 cified under the heading "Price Formula" accrued to date of termination and 10 for all other termination costs. In the event the Agreement is terminated, 11 all pertinent data prepared for the project shall be made available to City 12 without additional cost. 13 (b) In the event City is delinquent in paying M&O by more than 14 fifteen (15) calendar days and has received a statement by certified mail of 15 the delinquency from M&0, then M&O may serve, by certified mail, a notice of 16 its intent to suspend operations at least seven (7) calendar days subsequent 17 to the receipt of notice by City. If City does not correct the delinquency or 18 if the parties do not agree to arbitrate the dispute under the provisions of 19 this Agreement, then M&O may suspend operations without further notice or 20 penalty on the date indicated by the notice. 21 21. Communications: All notices hereunder and communications with 22 respect to this Agreement shall be effective upon the mailing thereof by 23 registered or certified mail, return receipt requested, and postage prepaid to 24 the persons named below: 25 26 / 27 -6- 1 If to M&0: President COMMUNITY TRANSIT SERVICES, INC. 2 Suite D 2121 West Crescent Avenue 3 Anaheim, California 92801 4 With copy to: Executive Vice President, North COMMUNITY TRANSIT SERVICES, INC. 5 Suite D 2121 West Crescent Avenue 6 Anaheim, California 92801 7 If to City:: City Manager CITY OF ATASCADERO 8 Post Office Box 747 6501 Palma Avenue 9 Atascadero, CA 93422 10 22. Information and Documents: All information, data, reports, records, 11 maps, survey results as are existing, available, and necessary for carrying 12 out the work as outlined in Exhibit "A" hereof, shall be furnished to M&O _13 without charge by City, and City shall cooperate ,in every way possible in the 14 carrying out of the work without undue delay. 15 23. Proprietary Rights: All inventions, improvements, discoveries, 16 proprietary rights, patents, and copyright made by M&O under this Agreement 17 shall be made available to City with no royalties, charges, or other costs, 18 but shall be owned by M&0. All manuals prepared by M&O under this Agreement 19 shall be made available to City at no charge but shall be owned by M&O and 20 shall not be copied, disclosed, or released by City or City's representative 21 or participating organization without prior written consent of M&0. Reports 22 are excluded from this provision, and shall be owned by City. M&0, however, 23 shall have the right to print and issue copies of these reports. M&O may make 24 presentations and releases relating to the project. Papers and other formal 25 publications shall be approved by City before they are released. 26 27 -7- 1 24. Force Majeure: 2 (a) M&O shall not be held responsible for lasses, delays, failure 3 to perform, or excess costs caused by events beyond the control of M&0. Such 4 events may include, but are not restricted to, the following: Acts of God; 5 fire, epidemics, earthquake, flood, or other natural disaster; acts of the 6 government; riots, strikes, war, or civil disorder; unavailability of fuel. 7 (b) The Agreement shall be subject to immediate renegotiation for 8 an equivalent price increase and/or reduction in scope in the event that the 9 inflation rate, as measured by the cost of living index, exceeds a rate of 10 ten percent (10%) per year. 11 25. Shortages and Delays: In the event that City fails to provide or 12 delays providing items as herein provided, in the number and size required, 13 then M&O shall not be responsible for any delays or resulting decline in the 14 quality of service. 15 26. Emergency Procedures: In the event of a major emergency such as 16 an earthquake, dam failure, or man-made catastrophe, M&O shall make transpor- 17 tation and communication resources available to the degree possible for 18 emergency assistance. If the normal line of direct authority from City is 19 intact, M&O shall follow instruction of City. If the normal line of direct 20 authority is broken, and for the period while it is broken, M&O shall make 21 best use of transportation resources following to the degree possible the 22 direction of an organization such as the police, Red Cross, or National 23 Guard, which appears to have assumed responsibility. Emergency uses of 24 transportation may include evacuation, transportation of injured, and move- 25 ment of people to food and shelter. M&O shall be reimbursed in accordance 26 with the normal "Price Formula" and "Payment" or, if the normal method does 27 not cover the types of emergency services involved, then on the basis of -8- 1 fair, equitable, and prompt reimbursement of M&0's actual costs. Reimburse- 2 ment for such major emergency services shall be over and above "Maximum 3 Obligation" of this contract. Immediately after the emergency condition 4 ceases, M&O shall reinstitute normal transportation services. 5 27. Audit: M&O shall permit the authorized representatives of City, the 6 U.S. Department of Transportation, and the Comptroller General of the United 7 States to inspect and audit all data and records of the contractor relating to 8 performance under this Agreement. M&O operates on a four-four-five week 9 accounting cycle which is acceptable to City. 10 28. Transportation Data Reporting: M&O shall report transportation data 11 to City in accordance with Level C of the Uniform Financial Accounting and 12 Reporting Elements (FARE) as required under Section 15 of the Urban Mass 13 Transportation Act of 1964 as amended and the California Public Utilities 14 Code, Chapter 4, Section 99243. 15 29. Licenses: A license and a Certificate of Public Convenience and 16 Necessity to operate in accordance with this Agreement are hereby granted to 17 M&0. Any franchise or business license fees that City might ordinarily require 18 for operation in accordance with this Agreement are hereby expressly waived 19 by City. 20 30. Workers' Compensation: M&O certifies that it is aware of the 21 provisions of the Labor Code of the State of California which require every 22 employer to be insured against liability for Workers' Compensation or to 23 undertake self-insurance in accordance with the provisions of that Code, and 24 it certifies that it will comply with such provisions before commencing the 25 performance of the work of this Agreement. 26 27 -9- 1 31. General Liability Insurance: Throughout the term of this Agreement, 2 M&O shall procure and maintain a Comprehensive General Liability Policy pro- 3 viding Five Hundred Thousand Dollars ($500,000.00) combined single limit Bodily 4 Injury and Property Damage liability. Said policy shall not include coverage 5 for vehicle liability and/or vehicle physical damage insurance. Such vehicle 6 insurance shall be provided as specified in the section of this contract entitl d 7 "Vehicle Insurance." 8 M&O shall also procure and maintain an Umbrella Liability policy in 9 the amount of Ten Million Dollars ($10,000,000.00). 10 M&O shall name City as additional insured on said policies and shall 11 provide evidence of such insurance. Such policies shall provide that they may 12 not be cancelled without at least thirty (30) days written notice to City. 13 32. Vehicle Insurance: M&O shall provide City with vehicle liability 14 insurance in the amount of Five Hundred Thousand Dollars ($500,000.00) com 15 bined single limit bodily injury and property damage liability. Coverage 16 will also include collision with a One Thousand Dollar ($1,000.00) deductible, 17 and comprehensive coverage with a Two Hundred Fifty Dollar ($250.00) deduc- 18 tible. Any deductible will be the responsibility of City. A separate 19 umbrella liability policy will provide vehicle liability coverage of an 20 additional Ten Million Dollars ($10,000,000.00). Any losses or damages not 21 covered by insurance shall be an obligation of City and not, under any 22 circumstances, of M&0. M&O shall name City as additional insured and shall 23 furnish City with evidence of insurance. Such policy or policies shall 24 provide that they may not be cancelled without at least thirty (30) days 25 written notice to City. 26 / 27 / -10- 1 33. Fidelity Bond: During the period of time this Agreement shall be 2 in effect, M&0 shall cause its staff personnel to be covered under an appro 3 priate bond protecting City from employee theft up to the amount of Twenty- 4 Five Thousand Dollars ($25,000) with respect to any one occurrence by M&0 5 employees. 6 34. Nondiscrimination: 7 (a) In connection with the execution of this Agreement, M&0 shall not 8 discriminate against any employee or applicant for employment because of 9 age, race, religion, color, sex, or national origin. M&0 shall take affirma- 10 tive actions to insure that applicants are employed, and that employees are 11 treated during their employment, without regard to their age, race, religion, 12 color, sex, or national origin. Such actions shall include, but not be 13 limited to, the following: employment, upgrading, demotions or transfer; 14 recruitment or recruitment advertising; layoff or termination; rate of pay 15 or other forms of compensation; and selection for training, including appren- 16 ticeship. 17 (b) M&0 shall also comply with the requirements of Title VI of the 18 Civil Rights Act of 1964 (P.L. 88-352) and with all applicable regulations, 19 statutes, laws, etc. , promulgated pursuant to the civil rights acts of the 20 state and federal government now in existence or hereafter enacted. Further, 21 M&0 shall also comply with the provisions of Section 1735 of the California 22 Labor Code. 23 35. Minority Business Enterprise: In connection with the performance 24 of this Agreement, M&0 will cooperate with City in meeting City's commitments 25 and goals with regard to the maximum utilization of minority business enter- 26 prises and will use its best efforts to insure that minority business enter- 27 � -11- 1 prises shall have the maximum practicable opportunity to compete for sub- 2 contract work under this Agreement. 3 36. Cross-Hiring of Employees, Officers, Members: 4 (a) During the term of this Agreement, M&O shall not hire any 5 supervisory employee of City, or former supervisory employee of City without 6 prior written approval of City. City shall not hire any employee or former 7 employee of M&O without prior approval of M&O. Only former employees who 8 have terminated their employment with one of the parties within a year prior 9 period shall be a "former employee" or a "former supervisory employee" as 10 referred to above. 11 (b) During the term of this Agreement, neither party shall hire 12 any present or former officer, shareholder, or member of the other party 13 without the express written approval of the other party. 14 (c) After the expiration or termination of this Agreement, City 15 or M&0's successor, shall be permitted to hire any M&O employee previously 16 employed on this program. At that time, in hiring an M&O employee or a 17 former M&O employee, City shall insure and require that employment process 18 fairly treat the ex-M&O employee as a member of the general public with no 19 discrimination, no waiver of job advertising, no consideration of M&O 20 employee's seniority, and no other privilege different from that accorded to 21 members of the general public. 22 37. Interest of Members of or Delegates to Congress: No member of or 23 delegate to the Congress of the United States shall be admitted to any share 24 or part of this Agreement or to any benefit arising therefrom. 25 38. Prohibited Interest: No member, officer, or employee of City 26 during his/her tenure or one year thereafter shall have any interest, direct 27 or indirect, in this Agreement or the proceeds thereof. -12- 1 39. Conflict of Transportation Interests: M&O shall not divert any 2 revenues, passengers, or other business from City's project to any taxi or 3 other transportation operation of M&0. 4 40. Transfer of Title to Equipment: Equipment and supplies purchased 5 by M&O as a direct-charge item in connection with the performance of this 6 Agreement shall become the property of City upon payment of invoice for that 7 equipment and supplies submitted by M&0. 8 41. Headings: The headings or titles to sections of this Agreement are 9 not part of the Agreement and shall have no effect upon the construction or 10 interpretation of any part of this Agreement. 11 IN WITNESS WHEREOF, the .parties hereto have caused this Agreement to be 12 executed by and through their respective officers thereunto duly authorized 13 on the date written below their signatures. 14 CITY OF ATASCADERO COMMUNITY TRANSIT SERVICES, INC. 15 By: By: 16 Date: Date: Z 17 Witnessed by: n y: 18 19 Date: Date: 20 Approved as to fo 21 22 Date. �p a 23 le: 6asto Conten 24 25 .3r__ 0_ 26 27 -13- EXHIBIT A SCOPE OF WORK CITY OF ATASCADERO SYSTEM MANAGEMENT AND OPERATIONS The M&O will manage and operate the system in accordance with the policies and procedures established by the City, and with good manage- ment practice. The M&O will require its vehicle operators to assist those passengers needing it when boarding or leaving the vehicles. Management of day-to-day operations of the system will be vested in a location supervisor who will be well experienced in all aspects of transit operations. In addition, a responsible senior employee of M&O will be available at all times, either by phone or in person, to make major decisions or provide coordination as necessary. The above individuals will be responsible for monitoring all aspects of the system operation. Included are ridership, quality of service, fare collection and accounting, attitudes, motivations, and performance of all personnel. Methods of improving system operations and service will be sought, and the results will be reported �o the City along with any corrective actions which may have been taken: In no case will a corrective action which affects the nature, quality, or quantity of service be taken without first obtaining City approval. The system will operate between the hours of 7:30 a.m. and 6:00 p.m. , Monday through Friday. No service will be provided on Saturdays, Sundays, or the following holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, and Labor Day, Thanksgiving, Day after Thanksgiving, or Christmas Day. M&O will provide a maximum of 7,210 vehicle service hours per year. Charter services also will be provided when requested or approved by the City. M&O will provide the properly trained supervisor, vehicle operators, controllers, and maintenance personnel needed to operate the system. Throughout the day, supply in terms of controllers and operators will be tailored to demand. lin COMMUNITY TRANSIT SERVICES, INC. A-1 C:6/29 In addition to operating the vehicles and the control center,, M&O personnel will perform fare accounting, transfer revenue to the banking institution as directed, and collect data for periodic analysis. It is understood that the City will provide vehicles; all vehicle parts; vehicle licenses; fuel and oil; an operating local radio system with license; radio units installed- in the vehicles; facilities for garaging the vehicles; vehicle cleaning; facilities for housing the control center; control center furniture and equipment; telephones; and janitorial services and supplies. M&O will provide insurance; _ maintenance administration; uniforms and physicals for vehicle operators. RECORDING AND REPORTING The following operations records shall be maintained by M&O in compliance with Section 15 of the Urban Mass Transportation Act. (a) Daily ridership by vehicle (b) Daily ridership of wheelchair-bound passengers (c) Daily mileage by vehicle (d) Daily revenue by vehicle (e) Trip log from each vehicle operator (f) Dispatch records showing times for: (1) receipt of service requests (2) pickup assignment made (3) actual pickup (4) variance between promised times and actual pickup times (5) actual delivery of passenger (g) Daily record of stated trip purposes A monthly operating report will be prepared which will summarize the data collected daily. This report will present the data by vehicle, service area, and total system basis. It will also include a statement of any existing or potential problems along with suggested solutions. COMMUNITY TRANSIT SERVICES, INC. A-2 RECRUITMENT AND HIRING M&0 shall recruit qualified personnel as needed to staff the opera- tion. Local personnel shall be utilized with the possible exception of the supervisor, who may be transferred from another location. Each prospective applicant will undergo a series of tests to deter- mine the applicants ability and probable chances of success. Controller applicants' tests will include color vision, general personnel test, spatial perception, etc. Vehicle operators will undergo the personnel test and a check of their driving record. Knowledge of the service area, character, personality, etc. , will be evaluated. M&0 will also make arrangements for candidate vehicle operators to take the physical examination needed for Class II licenses. In determining personnel requirements, the dynamic and flexible nature of the specialized service must be considered. M&0 will deter- mine an appropriate mix of part- and full-time personnel to meet expected system demand and attempt to hire those employees. TRAINING M&0 will conduct a comprehensive training program for employees.- Training will include such items as vehicle preoperations check, public relations, safety, defensive driving, first aid and CPR, radio procedures, forms, policies, and procedures. All system personnel will also receive M&0's comprehensive training dealing specifically with the transporting of the mobility-impaired. This includes an exclusive Em- pathy Training course dealing with the emotional, as well as physical, problems encountered by elderly and handicapped persons as they utilize public transit. The initial training will be conducted in a classroom environment and in the vehicles. Lectures, audiovisuals, simulations, tests, and other techniques will be used to achieve a proper training. Safety will be stressed, and classes will be given by instructors accredited by the National Safety Council. All vehicle operators will be trained in all methods of operations so that maximum flexibility exists in the event of sickness and for efficiency. Wun COMMUNITY TRANSIT SERVICES, INC. A-3 A continuing training/retraining and safety program is essential. This will consist of training new operators and controllers, and also the retraining of vehicle operators whose performance falls below standard. Safety and defensive driving will be a continuing education process throughout the program. Monthly safety meetings, on-board safe- driving checkouts, safety radio messages, posters, and other communica- tion techniques will be applied. The on-going program by the National Safety Council will be incorporated as part of this effort. COMMUNITY TRANSIT SERVICES, INC. Un A-4 COST SUMMARY JULY 1, 1983 TO JUNE 30, 1984 CITY OF ATASCADERO DIRECT PAYROLL INDIRECT TOTAL Management $ 18,670 $ 10,269 $ 28,939 Staff 15,600 8,580 24,180 Operators 35,756 19,666 55,422 Total $ 70,026 $ 38,515 $ 108,541 OPERATING EXPENSES Vehicle Insurance $ 6,590 Control Center Equipment 750 Supplies 150 Travel & Petty Cash 580 Reproduction 240 Uniforms 150 Physicals 275 Marketing & Promotion 265 Total $ 91000 LABOR $ 108,541 OPERATING EXPENSES 9,000 MANAGEMENT FEE 14,100 Service Hours 7,210 TOTAL PRICE $ 131,641 Hourly Price $ 7.214 Weekly Price $ 1,531.21 Prepared by: MM Date: 3/30/83 Checked by: MLL`QkDate: 5/2/93 Approved by: MLL1 Date: 5/2/83 un COMMUNITY TRANSIT SERVICES, INC. Page 1 of 2 CTS:6/33 CITY OF ATASCADERO FIXED AND VARIABLE COST SUMMARY JULY 1, 1983 TO JUNE 30, 1984 FIXED COSTS Management Labor $ 28,939 Staff Labor 24,180 *Operators Non-Revenue Labor 3,404 Operating Expenses 9,000 Management Fee 14,100 Total Fixed Costs $ 79,623 $ 79,623 - 52 Weeks = $ 1,531.21 Per Week VARIABLE COSTS Vehicle Operator Revenue Labor $ 52,018 $ 52,018 - 7,210 Hours $ 7.214 Per Hour Fixed Costs $ 79,623 Variable Costs $ 52,018 Total Price $ 131,641 Prepared by MLL Date 5/17/83 Approved by MLAW%Date 5/17/83 COMMUNITY TRANSIT SERVICES, INC. un Page 2 of 2 M E M O R A N D U M TO: City Manager , Murray L. Warden c FROM: Fire Chief , Mike Hicks SUBJECT: Weed Abatement Assessment Charges i On April 23 , 1983 , the Atascadero City Council adopted a resolution declaring that all noxious or dangerous weeds or other flammable material that create a fire hazard shall constitute a public nuisance . During the period from May 23 , 1983 , through June 10 , 1983 , fire department personnel posted parcels that were determined to be a public nuisance. There were approximately 1000 parcels posted for abatement. On June 13 , 1983 , the City Council held a Public Hearing re- garding posting appeals and awarded Bid Contracts to Keith Scribner and Gary Kuhn (handwork) and Vineyard Drive Mowers (tractor work) to perform weed abatement on those parcels that were not abated by the property owners . From June 14 , 1983, to June 22 , 1983 , AFD personnel conducted reinspections of those lots posted for compliance. On June 23 , 1983 , the contractors began abatement under the supervision of AFD personnel. On August 1, 1983 , a Notice of Appeal and an itemized list of weed abatement assessments, were posted with the City Clerk, at the City Council Chambers, and at the City Fire Station. I 'm sure there will be questions as to the assessments charged and the method used. I have gone out and spot checked parcels abated by the contractors and have found the work to be satis- factory. MIKE HICKS 8-1-83 MH:pj • RESOLUTION NO. 39-33 RESOLUTION OF THE ATASCADERO CITY COUNCIL 46 CONFIRMING THE COST OF WEED ABATEMENT WHEREAS, the Government Code of the State of California, Section 39500 , et seq. , provides that cities may declare weeds a public nui- sance for the purpose of Weed Abatement; and WHEREAS, the Atascadero Fire Department did abate said nuisance within the provisions of the Government Code , Section 39500 , et seq. ; and WHEREAS, the cost of the work of abatement as shown on Preliminary Special Tax Listing for 1983-84 Tax Year was submitted in accordance with Government Code Section 39574; and WHEREAS, the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE, BE IT RESOLVED that the report of abatement cost is confirmed as presented; and BE IT FURTHER RESOLVED that the costs of abatement constitutes a special assessment against the described parcels and shall be a zein on the property in accordance with Government Code Section 39577 ; and • BE IT FURTHER RESOLVED that the City is hereby directed to trans- mit to the proper officers of the County a certified copy of the re- port for filing. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its en- tirety on the following vote AYES: NOES: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST: PATSY A. HESTER, eputy City Clerk APPROVED AS TO F RM: ALLEN GRIMES , City Attorney • A RO ED AS TO CO T NT: WARDEN,77RAY I/ City Manage .: r';r _ : I :, -11. — — r _ E r _ 0 4-"" I� ;�...�:�1 ,, I : 1:. - k — _ _ — = - - X - .111 - - I'll I ill COQ OC r - - Y +� r-1 4I'll- _ _ . 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AC I I`I I I 1 i I I I 1 i I 1 F I i I { I + i s 4 ` � ` t ` , + +' M d t(11111t1Q��4�>i'�0��04D�Q*Q�L7+O�Arp�tl.p�D �� �d� +W� V�,`tl+�Cl�A��O`0I I- 1. nn ` , ,4 . .. :I_ . �.: 1. 0 - ti f r p - - __ �•: 1. - � _ • A► ala w A A .r► jok Ak sr. — r � s. w a, '4 rM E M O R A N D U M / TO: Murray FROM: Larry McPherson SUBJECT: Street Maintenance Districts: 83-1:Lobos Lane, 83-2:Sonora/Pinal Avenues DATE: July 28, 1983 Attached are resolutions establishing street maintenance districts for Lobos Lane and Sonora/final Avenues. These resolutions are recommended to be approved by Council subject to the protest hearings scheduled for their meeting of August 8, 1983. This is the final step in establishing the maintenance assessment • district for these two locations. Upon approval of the resolution and the Public Works Directors reports with the assessment maps, this information will be submitted to the office of the Auditor-Controller of the County so that these assessments may be placed on the tax rolls. The assessments shown in the report with the resolutions are estimated first year costs and include major maintenance to establish street paving for presently unpaved roads. Future years assessments will be much lower, since only routine maintenance of the .reconstructed roadways will be done. If Council approves the Resolutions and attachments, it is possible to submit these documents to the Auditor-Controller in time to be added to this year's tax bills. The deadline is August 10, 1983. WRENCE McPHERSON • LM:vh cc: Finance Director City Attorney RESOLUTION NO. 36-83 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVE- MENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5820-5856) ; AND ORDERING IMPROVEMENTS AND THE FORMATION OF MAINTENANCE DISTRICT 93-1: LOBOS LANE; AND CONFIRMING THE ASSESSMENT. WHEREAS, the Council has initiated proceedings for the forma- tion of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California, to be known and designated as "Maintenance District 83-1: Lobos Lane" , herein- after referred to as "the District" ; and WHEREAS, the Council set a hearinq on the formation of said Maintenance District held on the 8th day of August, 1983, at 7 : 30 P.M. , inthe Council Chambers of the City Council; and WHEREAS, at this time, the Council has heard testimony and evidence and is desirous of proceeding with the formation proceed- ings and confirmation of the improvements and maintenance and levy of assessments; NOW, THERFORE, IT IS HEREBY RESOLVED by the Council of the City of Atascadero as follows: • Section 1. The above recitals are true and correct. Section 2 . Upon the conclusion of the public hearing, the written protests filed, and not withdrawn, did not represent prop- erty owners owning more than fifty percent (500) of the area of assessable lands within the District, and all protests are hereby overruled and denied Section 3. The Council hereby confirms the maintenance and assessment work for the District as set forth in the Engineer' s Report and as referred to in the Resolution of Intention as pre- viously adopted relating to said assessment levy. Section 4. The diagram and assessment as set forth in the Engineer' s Report are hereby confirmed and adopted by this Council. Section 5 . The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing on the lst day of July, 1983, and ending on the 30th day of June, 1984 , all in accordance with the report of the City Engineer. Section 6 . The estimates of costs, the assessment diagram, the assessments, and all other matters set forth in the Engineer ' s Report, as submitted, are hereby approved and adopted by this Council and hereby confirmed RESOLUTION NO. 3103 S Section 7. The works of improvement and maintenance- contem- plated aintenance contem-plated by the Resolution of Intention shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll, the amount of the assessment, and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessmentshallbe paid to :the City Treasurer of the City. Section 8 . The City Treasurer shall herein establish a special fund known as "City of Atascadero Maintenance District 83-1: Lobos Lane" , into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer. Section 9. The City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 10 . The City Clerk is hereby further ordered and directed to file a certified copy of the diagram and assessment roll with the County Tax Collecter, together with a certified copy of this resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the Public Works Director, with a duplicate copy on file in the office of the City Clerk and open to the public for inspection. Section 12 . Any parcels or lots of land known as public prop- erty, as the same is defined in Section 22663 of Division 15 , Part 2 of the Streets and Highways Code, which are included within the boundaries of the District, shall be omitted and exempt from any assessment made under these proceedings. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: MARJORIE R. MACKEY, Mayor ADOPTED: -2- RESOLUTION NO. 36-83 ATTEST: BARBARA NORRIS, ity Clerk APPROVED AS TO RM: 46 ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: RAY WARDEN, City Manager -3- PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT No. 83-1 LOBOS LANE Attached is an estimate of the costs for the improvement of Lobos Lane. Said improvements would include rough grading, associated drainage structures, and a 2" asphalt concrete maintenance cap to provide a 16 foot roadbed on these streets. Accompanying this report is a diagram of the district delineating the exterior boundaries thereof and every lot of land therein for the proposed work, improvements and maintenance. Also attached is the listing of in- ' dividual assessor' s parcel numbers along with the assess- ment for F.Y. 1983-84 for each of the benefitting lots as approved with the resolution. EXHIBIT A LOBOS LANE Assessors Parcel # Property Owner Assessment 29-222-26 ED & NL Simon $ 570 P.O. Box 2081 Atascadero, CA 93423 29-222-21 RM & IM Anderson $ 570 5580 Lobos Lane Atascadero, CA 93422 29-222-20 JJ & MR McGoff $ 570 % Kohout,Randy 5620 Lobos Lane Atascadero, CA 93422 29-222-19 Elliott Stephenson $ 570 10025 E1 Camino Real #121 Atascadero, CA 93422 29-222-18 RC & SP Burce $ 570 % Richard Burce P.O. Box 497 Atascadero, CP_ 93423 29-222-35 GS Mansfield $ 570 4612 So. 5th Street Arlington, VA 22204 29-272-13 EJ & E Bovee $ 570 5665 Encima Avenue Atascadero, CA 93422 29-272-23 E & LV Bovee $ 570 % Everett Bovee P.O. Box 1025 Atascadero, CA 93423 29-272-24 Walter Anderson $ 570 5660 Lobos Lane Atascadero, CA 93422 29-272-16 AL & BA Tellez $ 570 5670 Lobos Lane Atascadero, CA 93422 Assessor' s Parcel # Property Owner Assessment 29-231-15 M & R Klatt $ 570 5675 Lobos Lane Atascadero, CA 93422 29-231-01 GE & M Fakhuri $ 570 5625 Lobos Lane Atascadero, CA 93422 29-231-16 DA & D Fee $ 570 5595 Lobos Lane Atascadero, CA 93422 29=231=13 R & B McGough $ 570 4810 Noaales Atascadero, CA 93422 ` i � �- C �$_ O - _. a.n N N p� � � � � N .� �+ a [ou; O � i3 .y J� �® -y7 ALF "_. .. �� w _,...r ��'�11, .. Y a Q '� � � _ .tom?_ .�?' W Q N l• N Y �-. �. • . q �� _y,�i [[^�-)�� -) .. `�� c./"'S`� �� 'Yy� �' _ ,. 3 � . � ® � hr � � oaa � � \ � �-o � . �� � ^ o � � y C n O 0 � � m � a y 3 � �,�, � � d Op ti � n; •' w � a w ~' Elliott 0. Stephenson CALIFORNIA LICENSES STRUCTURAL AND FIRE PROTECTION ENGINEER 10025 EL CAMINO REAL TR UCTURAL ENGINEER SE 762 NUMBER 121 OFESSIONAL ENGINEER C 7155 ATASCADERO, CALIFORNIA 93422 IRE PROTECTION ENGINEER SF 910 PHONE (805) 466-5805 August 1 , 1983 .!embers of the City Council City of Atascadero P. 0. Bol, 747 Atascadero , CA. 93123 I regret that I will be unable to attend the August 8 hearing relating to the formation of a Street 'Maintenance District No. 83-01 Lobos Lane. I have read the Public `','orks Director' s report to you on the matter and wholeheartedly endorse adoption of his recommendations. As one of the property owners directly affected I will do my part to help make the project successful. Very truly yours, Elliott 0 . Steph nson LOS/bt • M E M O RAN D U M TO: City Council FROM: City Manager SUBJECT: Street maintenance districts DATE: August 4, 1983 This is the same as for Resolution No. 36-83, but must be considered as a separate item. f � MURRAY , :�WARDEN MLW:ad RESOLUTION NO. 37-83 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVE- MENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5820-5856) ; AND ORDERING IMPROVEMENTS AND THE FORMATION OF MAINTENANCE DISTRICT 83-2 : SONORA/PINAL AVENUES: AND CONFIRMING THE ASSESSMENT. WHEREAS, the Council has initiated proceedings for the forma- tion of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California, to be known and designated as "Maintenance District 83-2 : Sonora/Pinal Avenues" , hereinafter referred to as "the District" , and WHEREAS, the Council set a hearing on the formation of said Maintenance District held on the 8th day of August, 1983, at 7 : 30 P.M. , in the Council Chambers of the City Council; and WHEREAS, at this time, the Council has heard testimony and evidence and is desirous of proceeding with the formation proceed- ings and confirmation of the improvements and maintenance and levy of assessments; NOW, THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of Atascadero as follows: Section 1. The above recitals are true and correct. Section 2. Upon the conclusion of the public hearing, the written protests filed, and not withdrawn, did not represent prop- erty owners owning more than fifty percent (50%) of the area of assessable lands within the District, and all protests are hereby overruled and denied. Section 3. The Council hereby confirms the maintenance and assessment work for the District as set forth in the Engineer' s Report and as referred to in the Resolution of Intention as pre- viously adopted relating to said assessment levy. Section 4 . The diagram and assessment as set forth in the Engineer' s Report are hereby confirmed and adopted by this Council. Section 5 . The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing on the 1st day of July, 1983, and ending on the 30th day of June, 1984 , all in accordance with the report of the City Engineer. Section 6 . The estimates of costs, the assessment diagram, the assessments, and all other matters set forth in the Engineer ' s Report, as submitted, are hereby approved and adopted by this Council and hereby confirmed. -1- RESOLUTION NO. 333 Section 7. The works of improvement and maintenance contem- plated by the Resolution of Intention shall be performed pursuant M to law, and the County Auditor shall enter on the County Assessment Roll, the amount of the assessment, and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of the City. Section 8 . The City Treasurer shall herein establish a special fund known as "City of Atascadero Maintenance District 83-2 • Sonora/Pinal Aves" , into which the City Treasurer shall place all monies .collected by the Tax Collector pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer. Section 9. The City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 10 . The City Clerk is hereby further ordered and. directed to file a certified copy of the diagram and assessment roll with the County Tax Collecter, together with a certified copy of this resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the Public Works Director, with a duplicate copy on file in the office of the City Clerk and open to the public for inspection. Section 12 . Any parcels or . lots of land known as public prop- erty, as the same is defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the District, shall be omitted and exempt from any assessment made under these proceedings. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote AYES: NOES: ABSENT: MARJORIE R. MACKEY, Mayor ADOPTED: • -2- RESOLUTION NO. 374R3 ATTEST: BARBARA NORRIS, C'ty Clerk APPROVED AS TO FQ ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: 00, M ek�-rj� RAY WARDEN, City Manager • -3- PUBLIC WORKS DIRECTOR' S REPORT MAINTENANCE DISTRICT NO. 83-2 SONORA/PINAL AVENUES Attached is an estimate of the costs for the improvement of Sonora and Lower Pinal Avenues. Said improvements would include rough grading, associated drainage structures, and a 2" asphalt concrete main- tenance cap to provide a 20 foot roadbed. on these streets. Accompanying this report is a diagram of the district delineating the exterior boundaries thereof and every lot of land therein for the proposed work, improvements and maintenance. Also attached is the listing of individual assessor' s parcel; numbers along with the assessment for F.Y. 1983-84 for each of the benefitting lots as approved with the resolution. N EXHIBIT A SONORA/PINAL Assessor' s Parcel # Property- Owner Assessment 29-181-06 D. Theriault $ 543 7380 Pinal Avenue Atascadero, CA 93422 29-181-05 L. Castellano $ 543 1550 E. Shaw Ave.E101 Fresno, CA 93710 29-181-41 N.E. Scott $ 543 7900 Yesal Atascadero, CA 93422 29-181-40 DM & PA Pyron $ 543 4636 Viscano Ave. Atascadero, CA 93422 29-181-02 DE & PM Caudill $ 543 7310 Pinal Ave. Atascadero, CA 93422 29-181-46 TL & LR Miles $ 543 7370 El Camino Atascadero, CA 93422 29-121-03 LB Dohrmann $ 543 4801 Jellett San Diego, CA 92110 29-121-02 BE & MM Ratcliff $ 543 7345 Pinal Atascadero, CA 93422 29-121-01-Lot 5, 6 LB Dohrmann $ 543 4801 Jellett San Diego, CA 92110 29-181-45 RB & M Wiley $ 711 P.O. Box 1707 Atascadero, CA 93423 29-181-16 MA & G Silva $ 711 7335 Sonora Ave. Atascadero, CA 93422 29-181-51 HF & CD Cardinale $ 711 7355 Sonora Ave Atascadero, CA 93422 29-181-52 0. Vogt Etal $ 356 7460 Pinal Ave. Atascadero, CA 93422 Assessor's Parcel # Property Owner Assessment 29-171-21 GA Rachunok $ 356 7370 Sonora Atascadero, CA 93422 29-171-03 FE Calkins $ 711 310 NW 4th St John Day, OR 97845 29-171-02 JF & DC Garnett $ 711 P.O. Box 514 Atascadero, CA 93423 29-171-01 CT Willis $ 711 Box 338 Cabin Creek, West VA 29-161-04 CE Derby $ 711 P.O. Box 86 Atascadero, CA 93423 29-161-09 BR & JM Rogers $ 711 % Bruce Rogers P.O. Box 943 Atascadero, CA 93423 N 8 © 40 1 O O � W 0 a g � � t ORDINANCE NO. 69 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTION 3 OF SAN LUIS OBISPO COUNTY ORDINANCE NO. 1202, ADOPTED DECEMBER 13, 1971, AND REPEALING SAN LUIS OBISPO COUNTY ORDINANCE NO. 1503, ADOPTED JUNE 2, 1975. The Council of the City of Atascadero ordains as follows: Section 1. Section 3 of San Luis Obispo County Ordinance No. 1202, adopted on December 13, 1971, is hereby amended as follows: Sec. 3 . All rates and charges for cable TV service over which the City has jurisdiction now or hereafter under the rules and regulations of the Federal Communica- tions Commission, shall be expressed by resolution of the Council. The initial resolution adopted hereunder shall be adopted upon the effective date of this provision. Section 2. The provisions of San Luis Obispo County Ordinance • No. 1503, adopted on June 2, 1975, are hereby repealed. Section 3 . 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, pub- lished, and circulated in this City in accordance with Government Code section 36933; shall certify the adoption .of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 4 . This ordinance shall go into effect and be in full force and effect at 12: 01 A.M. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: • MARJORIE R. MACKEY, Mayor AG: fr 7/14/83 ORDINANCE NC. 69 ATTEST: • BARBARA NORRIS, City Clerk APPROVED AS TO ORM: f ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: Ir RRA L. WARDEN, City Manager RESOLUTION NO. 35-83 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO FIXING RATES OF CATV INSTALLATION AND SERVICE CHARGES WHEREAS, Falcon Cable T.V. of Northern California is the Grantee and holder of a CATV franchise in certain areas of the City of Atascadero; and WHEREAS, Ordinance 6 9 amends San Luis Obispo County Ordinance No. 1202 and provides CATV subscriber rates to be set by resolution; NOW, THEREFORE, BE IT RESOLVED by the Council of the. City of Atascadero as follows: 1. Definitions. For the purpose of this Resolution, the following words shall mean: a. Distribution Line - The CATV cable, conduit, transmission, or broad- cast path or method used to distribute the CATV signal or service to individual subscriber service drops. b. Service Drop - The CATV cable, conduit, transmission or broadcast path or method that conveys the CATV signal or service from a Distribution Line to the place or device whereby a subscriber receives or utilizes the CATV signal or service. c. Subscriber - A person or entity using CATV services provided by Grantee pursuant to Grantee's CATV franchise and this Resolution. , 2. Charges. The rates charged by Falcon Cable T.V. of Northern California to its subscribers in the franchise area shall be in accordance with the following schedule. a. Monthly Service Charges Rate Residential Primary Outlet $9.50 Additional outlet (each) 2.50 Converter Maintenance (on basic service only) 2.00 Hotels, Motels, Multiple Apartments, Commercial or Ten or More Outlets Television 1-15 4.10 per outlet per month 16-30 outlets 3.80P er outlet per month 31-100 outlets 3.45 per outlet per month FM Radio With TV service 1.20 per outlet per month Without TV service 1-15 outlets 4.10 per outlet per month 16-30 outlets 3.80 per outlet per month 31-100 outlets 3.45 per outlet per month b. Installation Charges Charges for the installation of service within the areas of Grantee's franchise shall be as follows: Persons having CATV service installed in structures that are within the standard distance of a Distribution Line shall be charged as follows: New Installation 25.00 Reconnect 20.00 Additional Outlet 15.00 Relocate Outlet 15.00 Disconnect No charge Hotels, Motels, Multiple Apartments, Commercial or Ten or More Outlets: Primary television outlet, normal installation: A charge for time actually expended, not to exceed 7.30 per unit plus materials • • 0 Additional outlets: A charge for time actually expended, not to exceed 7.30 per unit plus materials Relocation of exisitng outlet: A charge for time actually expended, not to exceed 7.30 per unit plus materials Relocation of existing outlet: A Charge for time actually expended, not to exceed 6.30 per unit plus materials Disconnection of Service No charge The standard distance for an aerial service drop is 200 feet or less. The standard distance for an underground service drop is 150 feet or less. Installations requiring a service drop in excess of the standard distance may be charged an additional amount for installation but in no event shall the installation charge exceed the cost to Grantee for labor and materials for such installation. c. Finance Charges Falcon Cable T.V. may charge a finance charge of la% per month of the unpaid balance of an account deliquent over sixty (60) days. d. Rate Adjustments Falcon Cable T.V. shall have the right, with 30 days advance notice to its subscribers and to City Council, to increase the rates charged for basic cable television installation and service. Said increase ,shall be implemented no more than once every 12 months. Changes in rates shall be based on the percentage change in the Los Angeles- Long Beach all Urban Consumers, all items, 1967=100, Consumer Price Index, as published by the United States Department of Labor, Bureau of Labor Statistics. The percentage change will consider the difference in the 'index for the date of implementation of the last increase to the month just prior to the preparation of the 30 day advance notice. In no case shall the increase in any 12 month period 'exceed 12% unless approved by Council. 3. This Resolution becomes effective at 12:01 A.M. on the thirty-first (31st) day after passage of Ordinance On motion of Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TORM: APPROVED AS TO CONTENT: ALLEN GRIMES, City Attorney M7kAY L WARDEN, City Manage • MEMORANDUM TO: Murrayl� IM A!'G✓ ` FROM: Larry McPherson SUBJECT: Sanitation District Budget - ,F.Y. 1983/84 DATE: July 29, 1983 The attached budget for Improvement District #1 of Atascadero County Sanitation District represents projected revenues and expenditures for fiscal year 1983/84. The budget follows the same format as adopted last year and enables compatability between the County and City bookkeeping systems. This document was developed in coordination with County Administrative staff and figures shown in the operating budget are projections of previous expenditures. Because of the change over of the old plant to the new plant some- time this year, operating expenses may be somewhat lower than last year, however, it is recommended that a conservative approach is most appropriate due to the uncertainty of future operating costs of the new plant. With • that in mind, the recommended budget is based on past operating costs. Capital expenses include tw9_new light duty trucksZo replace two der trucks own y the County-._€hicle__poo:�, _The two order"trucks are not-moo be trap-s-feared to the District since they are not apart of the equipment inventory. In any event, the trucks being used by District personnel are well beyond replacement age. Attached is a Resolution for adoption of the budget of the Sanitation District Board. aEN'CE�McPHERSON LM:vh att. cc: Hal Wilkinson Clint Milne Mark Sullivan Ralph Dowell C • RESOLUTION NO. 38-83 • RESOLUTION OF THE ATASCADERO COUNTY SANITATION DISTRICT BOARD OF DIRECTORS APPROVING THE BUDGET FOR THE 1983-84 FISCAL YEAR AND APPROPRIATING FUNDS THEREFOR BE IT RESOLVED by the Atascadero County Sanitation District Board of Directors as follows: Section 1. Pursuant to the provisions of Section 37208 of the Government Code, that certain document entitled "Final Budget for the Atascadero County Sanitation District for the Fiscal Year 1983-84," dated August 8, 1983, on file in the office of the City of Atascadero Finance Director, is hereby approved as the final budget for the Atas- cadero County Sanitation District for the fiscal year 1983-84 to the extent of the totals set forth for each function in the Enterprise Fund and totals set forth for each capital expenditure and such shall con- stitute a preaudited register of demands. Section 2. The District Manager, upon recommendation of the Finance Director, may transfer funds within, but not between, each of the functional appropriations of the Enterprise Funds as required to achieve the purpose of this function. L • Section 3. The Board, from time to time, by motion, may approve and authorize the payment of non-budgeted demands from appropriated funds; and may appropriate funds for budgeted or non-budgeted items, and any such appropraition for a non-budgeted item shall constitute an approval to issue a warrant in payment of a property demand or demands therefor. Section 4. This resolution shall become effective and in full force immediately upon its passage. On motion of Director and seconded by Director , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, President • Resolution No. 38-8,3 ATCSD Budget ATTEST: MURRAY L. WARDEN, ecretary APPROVED AS TO FO ti ALLEN GRI? S, City Attorney APPROVED AS TO CONTENT: MUR Y L. ARDEN, District Manager -2- FINAL BUDGET for the ATASCADERO COUNTY SANITATION DISTRICT for the FISCAL YEAR 1983-84 dated AUGUST 8, 1983 INDEX Budget Summary 1 Functional Recap Sewage Collection 2 Functional Recap Sewage Treatment 3 Functional Recap Sewage Disposal 4 Functional Recap Golf Course Disposal 5 Functional Recap General Expenses 6 Functional Recap Sewer Laterals 8 Functional Recap Capital Expenditures 9 Atascadero County Sanitation District Budget FY 83-84 FUNCTIONAL RECAP SEWAGE TREATMENT (P577202) APPROPRIATION Labor (5,189 Hours) 73,800 Equipment Rental 2,800 Services & Supplies 72,500 County Overhead 20,900 Total 170, 000 ACTIVITY LABOR EQUIPMENT SUPPLIES OVERHEAD 002 Supervision 200 -0 -0- 50 007 Chemical Suppl. -0- -0- 1, 000 -0- 029 Hydro. Operat. 31, 000 1, 300 500 7, 450 037 Maint.Equipment -0- -0- 1,700 100 038 Maint.Structures 20, 600 500 4, 000 6, 000 078 Small Tools -0 -0- 200 -0- 093 Utilities -0- -0- 65, 0`00 1,000 177 Periodic Operations and Monitoring 22, 000 1,000 100 6 ,300 .TOTAL (P577202) 73, 800 2, 800 72, 500 20, 900 �3- Atascadero County Sanitation District Budget FY 83-84 FUNCTIONAL RECAP SEWAGE DISPOSAL (P577302) APPROPRIATION Labor (1,591 Hours) 22,900 Equipment Rental 1,800 Services & Supplies 9,700 County Overhead 5,600 Total 40,000 ACTIVITY LABOR EQUIPMENT SUPPLIES OVERHEAD 002 Supervision 300 -0- -0- 50 029 Hydro. Operat. 18,000 1,400 100 4 ,250 037 Maint.Equipment -0- -0- 100 -0- 038 Maint.Structure 4 ,600 400 2, 000 1, 000 068 Rents & Leases Equipment -0- -0- 2, 500 100 093 Utilities -0 -0- 5, 000 200 TOTAL (P577302) 22,900 1,800 9 ,700 5,600 -4- Atascadero County Sanitation District Budget FY 83-84 FUNCTIONAL RECAP GOLF COURSE DISPOSAL (P577303) APPROPRIATION Labor (210 Hours) 3,300 Equipment Costs --- Services & Supplies 17,700 County Overhead 1, 300 Total 22, 300 ACTIVITY LABOR EQUIPMENT SUPPLIES OVERHEAD 007 Chemical Suppl. -0 -0- 17 , 500 700 029 Hydro. Operat. 500 -0- -0- 100 038 Maint.Structure 200 -0- -0- -0- 177 Periodic Operations and Monitoring 2, 600 -0- 200 500 TOTAL (577303) 3 , 300 -0- 17 , 700 1, 300 -5- Atascadero County Sanitation District Budget FY 83-84 FUNCTIONAL RECAP GENERAL EXPENSES (P577602) APPROPRIATION Labor (1,793 Hours) 21, 200 Equipment Rental 1,650 Services & Supplies 14 ,000 County Overhead 2,600 Contingency (10% of 0 & M Exp. ) 26,000 Total 65, 450 ACTIVITY LABOR EQUIPMENT SUPPLIES OVERHEAD 001 Administration 200 -0- -0- 100 002 Supervision 8,000 1,000 -0- 1,000 011 Communication Equipment -0- -0- 1, 000 -0- 020 Employee Training 300 -0- -0- -0- 029 Hydro. Operat. -0- 200 -0- -0- 037 Maint.Equipment 300 200 800 -0- 040 Meetings-Staff 600 100 -0- 100 041 Meetings-Safety 1,000 50 -0- 200 048 Monitoring/ Research -0- -0- 100 -0- 061 Publication/ Legal Notices -0- -0- 200 -0- 078 Small Tools -0- -0- 1, 500 50 090 Uniforms -0- -0- 700 -0- 093 Utilities -0- -0- 100 -0- 141 Const. Inspection 50 50 -0- -0- -6- 162 Permits 50 50 -0- -0- 201 Accounting Exp. 2, 500 -0- -0- 200 205 Application to Prior Years -0- -0- 1,700 50 210 Budget Preparation 100 -0 -0- -0- 215 Customer Billing 7 ,700 -0- 1,100 700 220 Data Processing -0- -0- 1, 300 50 284 Taxes/Assessments 100 -0- -0- -0- 320 Service Charges County -0- -0- 5,000 50 850 Parts/Accessories -0- -0- 500 -0- 855 Equipment Repairs 300 -0 -0 100 TOTAL (P577602) 21, 200 1, 650 14, 000 2,600 -7- r Atascadero County Sanitation District Budget FY 83-84 FUNCTIONAL RECAP NEW SEWER LATERALS (P570210) APPROPRIATION Labor 1,200 Equipment 150 Services & Supplies 100 County Overhead 250 Total 1,700 ACTIVITY LABOR EQUIPMENT SUPPLIES OVERHEAD 030 Inspect.Exict.Facil. 200 50 --- 50 075 Service Connect./ Tap In 500 50 50 100 078 Small Tools --- --- 50 --- 141 Construction Inspt. 500 50 --- 100 TOTAL (P570210) 1, 200 150 100 250 -8- Atascadero County Sanitation District Budget FY 83-84 FUNCTIONAL RECAP CAPITAL EXPENDITURES APPROPRIATION ' Service Truck With Power Winch 14, 500 and Boom Half Ton Truck 8,000 2 ISCO Automatic Samplers 4,000 Vaccum Pump for Lab 400 Manhole Repair or Replacement 3,800 From Last Year Universal Tripod-OSHA Approved 800 for Working in Manholes Air Conditioner-Required 1,000 Ventilation TOTAL CAPITAL 32,500 -9- • • AGENDA - ATASCADERO CITY COUNCIL Regular Meeting July 25 , 1983 7 :30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment City Council Comments A. CONSENT CALENDAR NOTICE TO THE PUBLIC 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 dis- cussion is required, that item will be removed from the Consent Calen- dar and will be considered separately. Vote may be by roll call. 1. Minutes of the special meeting of July 11, 1983 (RECOMMEND APPROVAL) 2. Minutes of the regular meeting of July 11, 1983 (RECOMMEND APPROVAL) , 3. Resolution No. 32-83 determining urban limits and confirming the functional classification of roads (RECOMMEND ADOPTION) 4. Application for permission to file late claim - Edward and Maxine Halliday (RECOMMEND REJECTION) 5. Claim of Martin Nokleholm and Frederick F. Foss for damaages An the amount of $2, 500 (RECOMMEND REJECTION) 6. Lot Line Adjustment LA 830615:1, 2900 and 3000 San Fernando Road, Greg Filipponi and Jerry Frederick (Dennis Bethel and Associates) to adjust the existing lot lines to allow for the potential of creating four parcels on Lot 11 and three par- cels, on Lot 12 (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7. Acceptance of Lot Line Adjustment LA 830513 :1, 9300 El Bordo, Wedco & Westwind Investments (Associated Professions) (RECOM- MEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. Tentative Parcel Map AT 830523 :1, 11705 Santa Lucia Road, Lawrence McPherson (Twin Cities Engineering) to divide 6.52 acres of land into two parcels: (RECOMMEND APPROVAL OF PLAN- NING COMMISSION RECOMMENDATION) AGENDA - ATASCADERO OCTY 0 NCIL - JULY 25 1983 COUNCIL 9. Resolution No. 31-83 approving General Plan Amendment GP 830401 :1 changing the land use designation from Low Density Single Family Residential to Retail Commercial for certain property along San Palo Road B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on appeal of Departmental Review R830415 :1, 5935 Venado Avenue; Allen Litten (Joe Elkins) , applicant; Mary Middlecamp, et al, appellant; to consider the appeal of Planning Department approval of a proposed eighteen unit mul- tiple family residential project 2. Public hearing on Prezone 2820902:1, adjacent to and outside of the southwesterly City limits generally near the westerly intersection of Highway 41 (Morro Road) and Old Morro Road; Summit Hills Partnership, applicant; to allow prezoning of Residential Suburban for approximately 230 acres into 19 lots of approximately 10 acres each C. UNFINISHED BUSINESS 1. Resolution No. 33-83 - intention to form a maintenance dis- trict - Lobos Lane and Resolution No. 34-83 — intention to form a maintenance district - Sonora/Pinal Avenues 2. Ordinance No. 69 amending San Luis Obispo County Ordinance No. 1202, cable television regulations and adoption of Resolution No. 35-83 fixing rate of CATV installation and service charges - first reading of Ordinance No. 69 D. NEW BUSINESS 1. Consideration of Animal Control contract for Fiscal Year 1983-84 2. Consideration of .resolutions for the League of California Cities Annual Convention 3. Consideration of administrative fees for weed abatement E. ATASCADERO COUNTY SANITATION DISTRICT (Council will recess and convene as the Atascadero County Sanita- tion District Board of Directors) 1. Public hearing on proposed assessment for delinquent sewer service charges and Resolution No. 30-83 adopting delinquent service charges to be added to the 1983-84 property tax bill (The Board of Directors will adjourn and reconvene as City Coun- cil) 2 - 0 AGENDA - AT - ASCADERO CITY COUNCIL JULY 25, 1983 F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: There will be a closed session to consider labor relations and potential litigation; no announcement after the closed session is anticipated. 3 NOTICE OF SPECIAL MEETING OF THE COUNCIL OFFICE OF THE CITY CLERK .PLEASE TAKE NOTICE that a special meeting of the Council has been called pursuant to Sections 54956 and 54956. 5 of the Government Code to be held in the Rotunda Room, .Administration Building, 6500 Palma Avenue, Atascadero, California, at 6 :30 p.m. on July 25, 1983. The only business to be considered at said meeting shall consist of the following: Budget for Fiscal Year 1983-84 Dated: July 19 , 1983 BY ORDER '-OF THE MAYOR PATSY &. HESTER, Deputy City Clerk City of Atascadero, California 1 MINUTES - ATASCADERO CITY COUNCIL Special Meeting July 11 , 1983 6 : 30 p.m. Atascadero Administration Building The meeting was called to order at 6 :30 p.m. by Mayor Mackey. Present: Councilmen Molina, Nelson, Wilkins and Mayor Mackey Absent: Councilman Stover Mr. Warden stated that the State budget has not yet been passed and noted that he did not expect Atascadero to be adversely affected with whatever decision was forthcoming. However, if the Council felt more comfortable deferring a final budget decision they were free to do so. Mel Hunter, Chairman of the Zoological Society Advisory Committee, felt that the zoo could eventually be self sufficient and operated by the Zoological Society. Daphne Fahsing also felt that the Zoological Society could take over, hopefully within three years , but requested that immediate improvements be made. Councilman Molina felt that the zoo should have a goal of three to four years within which to become self sufficient and to be operated by the Zoological Society. No action was taken until further discussion with Goldie Carminati, President of the Zoologi- cal Society. Council discussed budget priorities and cutbacks from each department. Mr. Warden noted that the five-year Capital Improvement Plan had not been acted upon and that it provided the basis for the Capital program of the proposed budget. He suggested that the Council review the budget by individual items within departments in order to reach agreement for adoption. Council continued the budget hearing to July 25 at 6 : 30 p.m. in the Rotunda Room. The meeting adjourned at 7 :37 p.m. Recorded by: BARBARA NORRIS, City Clerk By: PATSY A. HESTER Deputy City Clerk _ I MINUTES ATASCADERO CITY COUNCIL • Regular Meeting July 11 , 1983 7 : 30 p.m. Atascadero Administration Building - - --- The meeting was called to order at 7 :43 p.m. with the Pledge of Allegiance. Reverend Bert Young of the, Gospel Chapel gave the invocation. ROLL CALL Present: Councilmen Molina, Nelson, Wilkins- and Mayor Mackey Absent: Councilman Stover STAFF Present: Murray Warden, City Manager; Ralph Dowell, Finance Director; Allen Grimes, City Attorney; Patsy Hester, Deputy City Clerk; Mike Hicks, Fire Chief; Skip Joannes, Recreation Director; Bud McHale, Police Chief; Larry McPherson, Public Works Director; Steve Rizzuto, City Treasurer; and Larry Stevens, Planning Director. PUBLIC COMMENTS 1. Jackie Yarger, resident on San Ramon Road, felt that the cable TV rate increase is too high considering the constant problems with the cable reception. Mr. Warden asked if she had provided her specific complaints and suggested that she contact Larry McPherson in the Public Works Department. Mr. Grimes noted that Council could amend the ordinance which Staff was requested to pre- pare to state that the company can establish their own rates. COUNCIL COMMENTS None CONSENT CALENDAR 1. Minutes of the special meeting of June 27, 1983 (RECOMMEND APPROVAL) t 2 . Minutes of the regular meeting of June 27 , 1983 (RECOMMEND APPROVAL) 3. Treasurer' s Report, June 1 , 1983 to June 30, 1983 (RECOMMEND APPROVAL) MINUTES - ATASCADERO CITY COUNCIL - JULY 11, 1983 • 4 . Finance Director' s Report, June 1, 1983 to June 30, 1983 (RECOMMEND APPROVAL) 5. Tentative Parcel Map AT 830422:1, 690,0 Portola Road/San Marcos Road, A. I. Jones (Hilliard) , to allow division of 4.63 acres of land into two parcels of 3 .13 and 1.50 acres each (RECOM- MEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Variance V830610: 1, 4640 Miramon, Scott R. Bond, to allow a proposed single family residence to encroach into the required 26 foot front yard setback and 10 foot rear yard setback (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) Mayor Mackey reviewed the items on the Consent Calendar. MOTION: Councilman Wilkins moved to approve Items A-1 through A-6 of the Consent Calendar. The motion was seconded by Councilman Molina and carried on the follow=ing vote: AYES: Councilmen Molina, Nelson, Wilkins and Mayor Mackey NOES: None ABSENT: Councilman Stover B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on General Plan Amendment GP 830401:1, 6000 San Palo Road, Sandra F. Summers (Henry J. Hohenstein) to change the existing land use designation from Low Density Single Family Residential to Retail Commercial Larry Stevens stated that this is a request to change the land use designation of twolotson San Palo Road from Low Density Single Family Residential to Retail Commercial to facilitate future commer- cial development. He noted that the Planning Commission had recommended approval of the request and stated that if Council concurs with the recommendation of the Planning Commission to direct Staff to prepare a resolution. Henry Hohenstein, representing Sandra Summers, requested ,approval of the request. Grigger Jones, representing Bob Rentschler, presented a petition which was signed by area residents requesting denial of the application. -2- MINUTES - ATASCADERO CITY COUNCIL - JULY 11, 1983 Bob Sparling, resident on San Palo Road, felt that there would be noise and drainage problems if the request was approved. Doug Lewis felt that the maps should show which direction the lots are facing. Mr. Stevens explained that all maps for the agendas show north on top of the maps. Pat Gaughan, owner of an automotive repair business on San Anselmo Road, commented in favor of the request. MOTION: Councilman Wilkins moved to support the Planning Commission and Staff recommendation to change the existing land use designation from Low Density Single Family Residential to Retail Commercial, to close the public hearing, and directed Staff to prepare a resolution approving the request. The motion was seconded by Councilman Nelson and unanimously carried. 2. Planning Department Quarterly Report Larry Stevens presented the Planning Department Quarterly Report. He announced a meeting for Wednesday, July 13, at 7 : 00 p.m. in the 4th floor lounge .for the purpose of explaining and distributing ' handouts concerning the new State energy regulations as they affect residential construction. C. UNFINISHED BUSINESS None D. NEW BUSINESS 1. Validation of illegal land divisions Mr. Warden stated that State legislative amendments require the City to issue a Certificate of Compliance under certain conditions for illegal land divisions and that the matters of concern were solved as a consequence of the new statutes. E. ATASCADERO COUNTY SANITATION DISTRICT MOTION: Councilman Wilkins moved that the Council recess and convene as the Atascadero County Sanitation District Board of Directors. The motion was seconded by Councilman Molina and unanimously carried. -3- MINUTES - ATASCADERO CITY COUNCIL - JULY 11, 1983 1. Resolution No. 29-83 approving satisfaction of assessment MOTION: Director. Nelson moved to adopt Resolution No. 29-83 . The motion was seconded by Director Molina and carried on the following vote AYES: Directors Molina, Nelson, Wilkins and President Mackey NOES: None ABSENT: Director Stover MOTION: Director Wilkins moved that the Board of Directors adjourn and reconvene as the City Council. The motion was seconded by Director Nelson and unanimously carried. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council a. Mayor Mackey commented on the number of blackbirds attacking people around the Administration Building. b. Mayor Mackey announced that Eric Seastrand will be attend ' ing a Chamber luncheon on August 2. C. Mayor Mackey thanked the Fire Department and other departments providing assistance through mutual aid agreements for their recent fire fighting efforts. 2. City Attorney None 3. City Clerk None 4. City Treasurer None 5. City Manager a. Mr. Warden reminded Council of the Mayor' s meeting on Wednesday, July 13. -4 0 MINUTES ATASCADERO CITY COUNCIL - JULY 11, 1983 b. Mr. Warden stated that the League of California Cities Channel Counties quarterly meeting will be in Lompoc on Friday, July 15. C. Mr. Warden requested a closed session to review labor relation progress. The meeting adjourned at 8 :56 p.m. to closed session and returned to regular session at 9: 47 p.m. , at which time they adjourned. Recorded by: BARBARA NORRIS, City Clerk By: PATSY A. HESTER Deputy City Clerk i -5- s - • M E M O R A N D U M TO: Murray G; FROM: Larry McPherson SUBJECT: Urban Limit and Functional Classification Maps DATE: July 21, 1983 The attached Resolution No. 32-83 formalizes the current functional classification of roads within the City and also revises the urban limit line of the official FAU maps to include all territory within the current City limits. Previous urban limit maps filed with the State did not in- clude all the incorporated City area due to an error in the 1980 Bureau of Census maps. • This revision in the urban boundaries has no practical effect on the FAU program in the City. No changes have occurred in Exhibit B, however, the State has requested a Resolution formalizing the designation of FAU routes within the City. These maps are used by the State in the Annual street report filed by the City and in granting projects with FAU funds. The maps have not been included with the package due to their large size, however, copies will be filed with the Resolution.and also will be available in the Public Works office. ENCE McPHERSON LM:vh RESOLUTION N0. 32-83 RESOLUTION DETERMINING URBAN LIMITS AND CONFIRMING THE FUNCTIONAL CLASSIFICATION OF ROADS. The following resolution is hereby offered and read: WHEREAS, the Federal Highway Administration has requested revised urban limits to reflect the 1980 Bureau of Census boundary; and WHEREAS, the currently approved functional classification of all streets and roads has been reviewed; and WHEREAS, under regulations issued by the Secretary of Transportation under the Federal-Aid Highway Act (Title 23 U.S. Code), the City of Atascadero with the concurrence of the California Department of Transportation, has been designated to select a Federal-Aid Urban System in this City. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Atascadero, County,.of San Luis Obispo, State of California, that: 1. This Council concurs in and approves the urban limits as shown on EXHIBIT A. 2. This Council concurs in and approves the functional classification of streets and roads as shown on the 1982 FAU-FAS map,EXHIBIT B. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: Councilmen NOES: ABSENT: ADOPTED: MARJORIE MACKEY, Mayor BARBARA NORR S City Clerk APPROVED AS FORM: APPROVED AS TO CONTENT: ALLEN GRIMES, City Attorney MUR Y L. W N, City Manager i _M E_M O R A_N_D_U_M TO: City Council --- FROM: City Manager SUBJECT: Halliday Application for Leave to Present Late Claim DATE: July 21, 1983 Edward and Maxine Halliday have filed a claim against the City arising out of their previous action to secure a grading plan which included location of a sewage disposal system. The Council heard the appeal of the Hallidays on June 22, 1982 and denied that appeal. The Hallidays are now attempting to file a late claim alleg- ing they had approached a Councilmember or Councilmembers seeking a reconsideration of the matter. But that on or about December 10, 1982, an individual Councilmember had informed them that the City would not change its position. The Hallidays are, there- fore, alleging that the contact with the individual Councilmember constituted the last official action, and as a consegence, the 100 days statutory filing time for a claim started from that date. Our position is that such contract and unofficial disap- - proval does not constitute compliance with the statutes. It should be noted that they had previously submitted a claim which was returned to them on the grounds that it was not filed within the 100 day filing period required by Code. They are now, therefore, appealing to the Council to waive any filing time re- straints and to have the Council accept their application as a late claim. It is recommended by the adjustor that the request for late filing be denied. MU RAY WARDEN RAY i 1 RICHARD W. PHELAN Attorney at Law 2 793 Higuera St. #14 R E C E I V E San Luis Obispo CA 93401 ;(805) 541-1785 JUL ' S 1983 Attorney for Claimants ATASCADERO 4 rjTY^L FRK s E 5 6 8 BEFORE THE CITY OF ATASCADERO 9 STATE OF CALIFORNIA 10 11 EDWARD HALLIDAY and ) MAXINE HALLIDAY, ) APPLICATION FOR PERMISSION TO 12 ) FILE LATE CLAIM Claimants , . ) [Government Code- §911 . 41 13 -v- ) 14 ) CITY OF ATASCADERO, `) .15 ) Respondent. ) 16 17 - y 18 TO THE CITY. OF ATASCADERO 19 1 . EDWARD and MAXINE HALLIDAY hereby apply to -the City. 20 of Atascadero for leave to present a claim against the City of, ,= 21 Atascadero pursuant to Section 911 . 4 of the California Government 22 Code. 23 2 . The various causes of action of EDWARD and MAXINE 24 HALLIDAY as set forth in their proposed claim attached hereto 25 accrued at different times between November 10 , 1981 and 26 December 10 , 1982. 27 3. EDWARD and MAXINE HALLIDAY' s reasons for the delay in 28 presenting their claim against the City of Atascadero -follows* 1 a) On November 10 , 1981 , the Hallidays submitted a 2 grading plan to the City for a proposed single family dwelling 3 site .On November' 16, 1981 , .,they received plan check corrections 4 from the City 's Chief Building Inspector. On December 22 ,1981 ,, 5 a new grading plan was submitted which included all of the required 6 corrections/`changes . On December 30 , 1981 , the Hallidays receive ? a ;letter from the .Cit changing the location of ,the sewage system $ and pursuant to the suggestion of the City 's Chief Building 9 . Inspector, they retained Twin Cities Engineering for purposes of 10 submitting alternate sewage disposal systems . b) On January_ 7 , `1982 four, alternate .sewage system 12 were submitted to the City with a response from the Chief Buildin 13 Inspector that they should continue to submit alternate systems 14 until "he saw the one he would approve". On the above date, the 15 Hallidays submitted their third grading plan which was summarily 16 rejected on January 12, 1982. 17 c) The Hallidays then contacted several state and 18 local agencies in -an effort to get, a determination of whether the 19 ' draw on their property could be defined as a stream. When the 20 Department of Fish and Game stated that the draw did not come 21 within their definition of .a stream, the Hallidays' appealed the " 22' rejection of their plans to the newly established Appeals Board. 23 However, the Appeals Board turned the plans down. 24 d) On June 28, 1982, the City Council heard the sam 25 appeal with the same result. 26 e) On or about July 14 , 1982 , The Hallidays receive 27 a letter from Mr. Lawrence Stevens , the Planning Director, which 28 indicated that the city would consider an alternative sewage 1 disposal system. However, on August 27 , 1982 , the Hallidays were 2 informed .that the city would consider no alternative systems a:� would require a 5.0 foot set back from the draw. f) The 'Hallidays .then"decided to Yapproach the y . 5 City Council members in an effort to persuade them to reconsider the matter. However, on or about ' December 10, 1982 , they were r �? informedby a .member of the City_.,Council that the 'city:would not - 8 change its position. ; g 4 . Based on the above , it is the Halliday 's position 10 that the 100 day claim limit of the the Government Code did not 11 commence running until December 10 , 1982 . : However, insofar as th 12 City has rejected the claim on the grounds that itwas not filed 13 within the 100 day period, Claimants are requesting 'permission 14 to file a date claim. 15 Dated: r, 17 RI-CHARD W. HELAN Attorney for Claimants 18 y yt 26 21 ` rIT 22 23 24 a 25 26 27 28 _3_ _M E_M 0_R_A_N_D_U_M TO: City Council FROM: City Manager SUBJECT: Claim of Martin Nokleholm and Frederick F. Foss DATE: July 21, 1983 This item concerns an impounded dune buggy which had been constructed from parts of a stolen trailer and the parts subse- quently returned to their proper owner. After investigation it was determined that the Police Department and the impound agency followed the proper procedures in dealing with the matter. I have been advised that, due to the circumstances, the claimant may not pursue a further claim. �- In any event, at this time, it is recommended that hte claim be denied. MU RAY L. WARDEN MLW:ad 1 FREDERICK F. SS Attorney at Law 2 1318 Chorro Street R E C E IV ED San Luis Obispo, CA 93401 3 (805) 544-7953 JUN 15 1983 4 Attorney for Martin Nokleholm ATASCAOERO CITU CLERK 5 6 CLAIM .AGAINST PUBLIC ENTITY (AMENDED) 7 In the Matter of the Claim of Martin Nokleholm and Frederick F. 8 Foss, Claimants, r 9 VS. 10 County of. San Luis Obispo, San Luis Obispo Narcotics Task Force, City of Atascadero, Atascadero Police Department, City of Morro 11 Bay, Morro Bay Police Department, and Downt0 .:Automotive (in its capacity as agent for the County of San Luis Obispo and the 12 City of Atascadero) 13 Claimants hereby present this claim to the above-named 14 entities pursuant .to Section 910 of the California Government Code. 15 1. The names and addresses of Claimants are: 16 FREDERICK F. FOSS MARTIN NOKLEHOLM 17 1318 Chorro Street 1721 Shasta Court San Luis Obispo, CA 93401 Modesto,CA 95351 18 (805) 544-7953 19 2. The address to which Claimants desire notices to be sent is: Frederick F. Foss .720 1318 Chorro Street San Luis Obispo, CA 93401 21 3. On September 14, 1982 Martin Nokleholm was arrested by 22 Detective Greg Beuer, then a police officer for the City of Atascadero assigned to the San Luis Obispo County Narcotics 23 Task Force. On said date, Mr. Nokleholm' s personally owned dune buggy was ordered impounded by said Detective Beuer. Said 24 dune buggy was towed and stored by Downe ' Automotive, 8165 El Camino Real, Atascadero, California. 25 1 On May 24, 1983 Mr. Nokleholm's San Luis Obispo County 26 Superior Court proceedings were terminated. On said date, Judge Richard Wood ordered that said dune buggy be handed over 27 to Frederick F. Foss , Mr. Nokleholm' s attorney and agent for receipt of such property. 28 On May 25, 1983, Mark Welden, Deputy District Attorney for -1- I the County oan Luis Obispo informed this Claimant that said dune buggy was stored and could be retrieved from Downs Auto- 2 motive of Atascadero, California. 3 On May 25, 1983 I, telephoned Downs ' Automotive and spoke with an employee who stated that such dune buggy was stored on 4 Downs ' Automotive lot and could be picked up at 8165 El Camino Real, Atascadero, CAlifornia. 5 On May 26, 1983 I personally appeared at Downs ' Automotive. 6 Another employee told me that said dune buggy had been crushed and sold as scrap. 7 Thereafter, I spoke with Bud Downs, owner. Mr. Downs stated 8 that the dune buggy had been dismantled and taken away by representatives of U--Haul, Inc. , although he refused to provide 9 the names, addresses or other identification of such persons. On request- for receipts or other documentation of such trans- 10 action, Mr. Downs stated that none were in existence. 11 Claimant is informed and believes, and thereon alleges, that at the time of impounding the dune buggy, Detective Greg 12 Beuer was employed by the City of Atascadero in the capacity of police officer and was assigned to the San Luis Obispo County 13 Narcotics Task Force. At the time the Court order was signed, ordering the release of said dune buggy, Detective Greg Beuer 14 was employed by the City Of Morro Bay in the capacity of police officer. 15 The above-named public entities, by and through their .16 officers, employees, and agents have negligently and/or intent- ionally violated Penal Code sections 1407-1418.6, and Health and 17 Safety Code sections 11488-11488.7 in that said entities and persons have seized and disposed of the personal property of 18 Martin Nokleholm without legal authority. _ ., 19 Bud ]Downs and Downs ' Automotive, in addition to the above violations of law, have violated Business and Professions Code . 20 sections 21600 et seq, in that they have failed to make and keep records of sales of property described in said sections. 21 4. The fair market value of said property and the amount of 22 actual loss to claimants is the sum of $2,500.00. 23 5. Claimants are informed and believe, and thereon allege, that the :individuals responsible for said loss are: 24 Detective Greg Beuer; and, Bud Downs. 25 6. Claimant, Frederick F. Foss, in his capacity as agent and attorney for Martin Nokleholm, and pursuant to Court Order 26 attached hereto, claims damages in the amount of $2,500.00 as reasonable compensation for the acts herein alleged. 27 28 A true copy of the Court Order, dated May 24, 1983 and filed -2- I May 26, 198 Yis attached hereto. 2 I, Frederick F. Foss, declare that I have read the foregoin and know the contents thereof and I declare it to be true and 3 correct except for those matters stated upon information and belief, and as to those matters, I believe them to be true and 4 correct. 5 Dated: June 13, 1983 6 8 FREDERICK F. FOSS 9 Attorney at Law 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I FREDERICK F. FW ENDCRSED Attorney at Law > 2 1318 Chorro Street F uy " San Luis Obispo, CA 93401 3 (805) 544-7953 MAY 26 1983 4 Attorney for Defendant FRANCW al. COO,',W-Y, COUNTY CLERK By JoA?ME MILLER 5 DEPUTY CLERK 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN LUIS OBISPO 10 THE PEOPLE OF THE STATE OF CALIFORNIA, ) 11 ) CASE NO. 12243 Plaintiff, ) 12 ) ORDER FOR RETURN OF vs. ) PROPERTY 13 ) MARTIN NOKLEHOLM, ) 14 ) Defendant. ) 15 ) . 16 GOOD CAUSE APPEARING THEREFOR, 17 IT IS HEREBY ORDERED that: 18 The property of Martin Nokleholm, consisting of one 19 homemade dune buggy, impounded to Down's Garage, Atascadero, 20 California, on September 14, 1982, by Detective Greg Beuer of 21 San Luis Obispo County Narcotics Task Force, t ether with keys 22 and items appurtenant thereto, be released ark anded over to 23 FREDERICK IF. FOSS for disbursement to the prope owners. 24 (Refer SLO Narcotics Task Force, Case No. X20 / page 2, i 25 Arrest Report, dated 9-14-82) . 26 Dated: �'�� y 1983 27 S28 `____ JUbGE OF THE SUPERIOR COURT PROOF OF SERVICE BY MAIL - CCI13a, 2015.5 1 I declare that: 2 I am (a resident of/employed in) the cour(ty of..........SLui . ...an..................s....Obispo,.........................Californ...............................ia........... ,Californi L ICOUNTY WHERE MAILINGOCCURRED) 3 1 am over the age of eighteen years and not a party of the within entitled cause; my(businesslr@&id=]oaddress is: 4 1318 Chorro Street, San Luis Obispo, Ca 93401 ................................................................... June 13, 1983 Amended Claim Against Public 5 On ............................................................... 1 served the attached .............. .................................................................................... (DATE) Ent lty 6 7 on the ...County of San Luis Obispo. ....................................................... City of Atascadero, City of Morro Bay 8 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid,in the 9 United States mail at.......San Luis Obl$p.o, California .........addressed as follows: ......... ............................................................. 10County Clerk City Clerk County Government Center City of Atascadero 11 1050 Monterey Street 6500 Palma Avenue San Luis Obispo, CA 93401 Atascadero, CA 93422 12 City of Morro Bay 13 595 Harbor Morro Bay, CA 93442 14 15 16 17 18 19 20 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on 24 June l3 1LOs t...........983....................................... at..............San................uis................ o..bi... .... ....................................... California . (DATE! (PLACE) 25 26 ......A�ko...Martz................... ............................................ /s (TYPE OR PRINT NAME) SIGNATURE BARON PRESS FORM NO. 22 M E M O R A N D U M TO: CITY MANAGER July 19 , 1983 FROM: PLANNING DIRECTOR SUBJECT: LOT LINE ADJUSTMENT LA 830615:1 LOCATION: 2900 and 3000 San Fernando Road (Lots 11,12, Block 26) APPLICANT: Greg Filipponi and Jerry Frederick (Dennis Bethel and Associates) REQUEST: To adjust the existing lot lines to allow for the poten- tial of creating four parcels on Lot 11 and three parcels on Lot 12 On July 18, 1983 the Planning Commission reviewed the above subject matter unanimously (with Commissioners Carroll and Wentzel absent) approving the Lot Line Adjustment subject to Conditions 1-4 as listed in the attached Staff Report. There was no discussion as this matter was presented as part of the Consent Calendar. C�a 01,avw LAWRENCE STEVENS M RAY L. WARDEN Planning Director CAty Manager a a�fr�¢ CITY OF ATASCADERO ....�. ! T.. a:....w..,.� Mi 0 r C ]978 Planning Department July 18, 1983 j STAFF REPORT SUBJECT: LOT LINE ADJUSTMENT LA830615 :1 LOCATION: 2900 and 3000 San Fernando Road (Lots 11&12, Block 26) APPLICANT: Greg Filipponi and Jerry Fredrick (Dennis Bethel and Assoc. Inc. ) REQUEST: To adjust the existing lot lines to allow for the poten- tial of creating four parcels on lot 11 and three parcels on lot 12. BACKGROUND 1. Existing Zoning: A-1-BV-5 2. General Plan: Suburban Single Family Residential 3. Environmental Determination: The Planning Director has determined the application to be a Class 5 (a) Categorical Exemption according to the provisions of the California Environmental Quality Act. 4. Site Conditions: The sites are 12. 59 and 16.79 acres each pro- posed. The topography is generally flat and covered with natural grasses. Both lots are presently vacant and -front on San Fernando Road. 5. Project Description: The applicant is proposing to adjust the existing lot lines to allow for enough acreage to split the two lots into seven parcels. In the lots present configuration, only six parcels could be created. STAFF COMMENTS On July 7, 1983 the Subdivision Review Board met to discuss this ap- plication with the applicant' s representative Steve Shively. Also present were: Larry McPherson, Public Works Director ; and Fred Buss, Associate Planner. FINDINGS 1. The application as submitted has been determined to be Categori- cally Exempt from the requirements of C.E.Q.A. 2. The application as submitted conforms with applicable subdivision regulations. RECOMMENDATION Based upon the above findings, the Planning Department recommends ap- proval of the Lot Line Adjustment LA830615 :1 subject to the following conditions: 1. The lot line adjustment as shown on the map attachment provided herein shall be submitted in Final Map format to be approved by the Planning Department proir to recordation by the County Record- er ' 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. 3. The location of all easements shall be delineated on the Final Map. 4. Approval of this Lot Line Adjustment shall expire two years from the date of final approval unless a time extension has been granted pursuant to a written request prior to the expiration date. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. J REPORT PREPARED KAMI GRIFFIN J Pla ing Inte n REPORT APPROVED BY: � � LAWRENCE STEVENS Planning Director • kg 2 3 `,2. .\- � \1 V' ����\� `sca\ a- Q \ , 177172 (�2a. 3 3 4' S , 3433\ 22 1�14 4 x \ 170 i---t 4 14\ ; 7 - 17 28 / it \ 14 29/30 5t45 31 n -6 �/t / 8 � 1 s r 1\�' �i i'.139 B a 2311 76 751 73 72 6 C t G/JC 4 t0i 37 96 2 ��30I tr � S. 8 99; 00 `J 3, y. . i 7 r_ I i 1 -1011102 10-1,K)4 195 ' r X10 � // C 5 4 ' 3 i 9?�; � �+ < i I`106r1iT r� _ �9 i /7A '`1 r 1 13 12 6 /F i B O/5 Obi'y/ A I i l 10 9 8 j / 7\ 'r 4 3 / 7 6 5 4 3 2 1 �/ 1 bi t9 \ 20 O (1 22 -7 X24129 (" `- \ -� M I11 14 17A TA TZ \ 19 ( 34 iii'. 32 31 14 �q /S/9 178 19 E 0 `•�2 1 23 24 ` 35 t - 20 21 2 24 �! C 23 G`v � A -%137 *�8 39 � t�\ 15 16 17 17, id lg � A 3 2.. Zq �� 19 41 \ 17e d '/c 1 10 9 8 �'�`� 1I 8 7 6 r5 1 42 I80 i a h 19 t�- f.- '-`t 4, 3 2 t 4 � 43 6 r 3 2 I 18b 18c7 '"+ 18 �- ' 11 p. s ,z ! '!c MON �` 8 1 l6 17 19 120 33 ilb — 13 141 OF 11 1 10 4 13� It 12 25 33 . 14 - i,i 27 26 22 2324 3 � 32 $It 2 /I 16 S 3x ° vI 129 28 25: 2531 9 31 0 3z°c 44 + L OA _ - zo 7--219 31 30 43 is 27 19 29/ 42 4i &3b 42 17 28 \\\ 20 16 6 A V\ 11 15 /�21 28 35 40 / 14/ 11 10 9 22 1- 19 13 23Q �6 i 120 / 8 37 Z0 7 7 '-25 Ve ° 24 �t3,/� 21 4 6 5 4 6�b 3e° / 0, 22 27 x7 23 14 17 23 24 25' 26 271 270 28� 3 4 4 16 r A I ', /30 31 36 37 1 32 25 22 / 15 / 33 34 35 �1 I 13 \ 14 IS 13 - ROAD i 20o� J 20 y 1 , 8 7 6 F 9 AO 27 190 19 l9 1 100 tt 10 � ,9 i 4 3 1 2 3 28 ._ P5 2 1 � 27 21 t 2�tc� 5 3000 s,5•N �F12fs��P� (�,� '' WTS I L 1 Z 3 L,o G L/-- z� 22 2 a r 90 -Z3l -09 Gjo -2Zl —Z.0�� 12 �O 26 / 23 1 26 2 '(`g ( 29 30 31 1 L <:-� `T 161-2N "Alp %� y.c A-�-2'12. z 0 h -11V o P �1 -1-8-✓-3-p � F z SITE -1 -6-V-5 Q-V-S V/ -V-S r" o rl- I-0-V-5 J+ A-1-8-V-51 1 \ LA � 3©l05 � i Z q Gb 3 000 5AN FEf21.AKA O 12P A-1-B-V-S GOTS lj3Ooc 2ro 09 ISO-221 �Za f q n r 1y L r >4 e m to • N n � Z i \ nl a � x '� �✓51'07'a5 vi ��Co F. ,8S'S89 4 em D P I mN O 4 /^ o � N r N 2 r w N P Cl) r - A R VJ Z �...\` _ • fi 7 M E M O R A N D U M TO: CITY COUNCIL July 19, 1983 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of LOT LINE ADJUSTMENT LA 830513 :1 LOCATION: 9300 E1 Bordo (Lot 1, Block 7, Eaglet #2) APPLICANT: Wedco & Westwind Investments (Associated Professions) On June 27, 1983, the City Council approved Lot Line Adjustment LA 830513 :1, subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is R-4-B-2-D and the General Plan designation is High Den- sity Multiple Family Residential. Staff review has determined that all conditions of approval have been met. On July 18, 1983, the Plan- ning Commission reviewed the matter on its Consent Calendar and recom- mends acceptance of the Final Map. LAWRENCE STEVENS M RAY WARDEN Planning Director ty M ager Ps a i phun n AS a a ? K{r El CAM/NO RE/JL T � z AM f i MY SI :3 {limit ##N k A aO^i 4y 7 m .JUSTS n A15". oil °ora°ok" n Y £p-j I r % o` ° � m Zyv, p �n V��arTY e a � xM. r .. • ,� � a x .. - v ` ; °• e �� N pmt n S i r S$� 's^3}:� 27S.YJ0 lMJ -N34•!s n a• ,. $m N ft " Bj ri 4, - ' i 2 nd R O. a M nN AVE Z Nall A NO tf> 41 �, - � �.Y tf �•. \D n �0 r+ . � Zo �nd::g3 Z nava Z � � .q k' ,- f. W� ,• '"� °p rr a OAm. '" R•cn I�°aoi s`. . : � =f f ((tel � � H � _ hl �� �1�N � OZ �1A _z�`��`y�Z s:• ,rvi 5f ��� hm 3.� A. 1 � r� l. 011, �vtmf � � S i ° Ani ^� 11,T O v f toll �a b tim vat: ti I' 3 Sys oQl p2� i, t . I �s• m I °g3 ate° o2��io m° f ame 3ay�oagPIRS T� DI Y fr, 1 " TIT A I la 'filllQ IM1111 41% •�� ' MOTOR 1j,10%w�a w3e•2e•ie•w 2rl.oi�(•C{'nq 1a V� ma So0 Alm i; _ o�maeatl bS, ri i 0 a 3 total as �o Z Not `^a N c om �oa m� mbT�* a a Z o y.. lr aimoa� m N a a �mAom Y ?� S a MAP N Ch1 oma JkH3�go^^i im&"m� h R a I�av y`� Lr'i And T fig; �� ,a � • orz �W+��o,' ei�mz� t\ o + \? ^� � i t•l�� th I e k ti°�� oo�wco3 Ty e �,,z�'i� M E M O RAN D U M TO: CITY MANAGER July 19, 1983 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 830523 :1 LOCATION: 11705 Santa Lucia Road (Ptn. Lot 2, Block 57) APPLICANT: Lawrence McPherson (Twin Cities Engineering) REQUEST: To divide 6. 52 acres of land into two parcels of 2.86 and 3. 66 acres each. On July 18, 1983, the Planning Commission conducted a public hearing on the subject matter unanimously (with Commissioners Carroll and Wen- tzel absent) approving issuance of a Conditional Negative Declaration and approval of the land division request subject to Conditions 1-17 as listed in the attached Staff Report. There was only brief discussion among the Commission. Larry McPherson, applicant, appeared and indicated is concurrence with the recommended conditions. LAWRENCE STEVENS RAY WARDEN Planning Director C' ty Mapager CITY OF ATASCADERO 1918 n; 1979 Planning Department July 18, 1983 STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 830523 :1 LOCATION: 11705 Santa Lucia Road (Ptn. Lot 2, Block 57) APPLICANT: Lawrence McPherson (Twin Cities Engineering) REQUEST: To divide 6. 52 acres of land into two parcels of 2. 86 and 3.66 acres each. BACKGROUND 1. Existing Zoning: A-1-BV-5 2. General Plan: Suburban Single Family Residential 3. Environmental Determination: The applicant has prepared an Ini- tial Study Environmental Description form. The Planning Director has prepared a draft Conditional Negative Declaration indicating the project will not have a significant adverse impact upon the environment if certain mitigation measures are incorporated into the project. 4. Site Conditions: The site is generally level with a slight rise at the northwest property line and a drop-off from the bank of the creek to its centerline and back to the opposite bank. The site includes part of Creek Reservation #8 from the northwest property line southeast to the intersection of Santa Lucia Road and the paper easement originally known as, Puente Road. The site vegeta- tion consists of native grasses and a few mature oaks and willows along the creek. Average slope is approximately 10%. 5. Project Description: The applicant requests permission to divide 6. 52 acres of land (gross) into two parcels of 2. 86 and 3. 66 acres each. Residential single family lot sizes are based on gross acreage. The applicant has 3.44 acres of land in Creek Reserva- tion #8 and .32 acres in the road dedication. The remainder, net acreage useable for building sites after dedications is 1 (one) acre for proposed Parcel 1 and 1. 76 acres for proposed Parcel 2. Tentative Parcel Map AT 830523 :1 (McPherson) STAFF COMMENTS On Thursday, July 7, 1983, the Subdivision Review Board, composed of Fred Buss, Associate Planner, met with the applicant, Lawrence Mc- Pherson. The following item was discussed: - Minimum lot size for the BV-5 zoning with less than 11% average grade is three acres. Gross acreage will need to be adjusted to increase the size of proposed Parcel 1 to at least three acres. This application is a resubdivision of Final Parcel Map AT 82-129 which divided Lot 2 of Block 57 into two parcels. This application resubdivides one of the created parcels into two for a grand total of three parcels from Lot 2. The applicant is using the creek acreage (3.44 acres) and the road dedication acreage ( .32 acres) to meet the minimum lot size require- ments of the BV-5 zoning. As noted on the map, the creek acreage has been divided in two and each half added to the proposed parcels. This will need to be adjusted to increase the size of proposed Parcel 1 to at least 3 acres. FINDINGS 1. The application conforms to the applicable zoning and subdivision regulations and is consistent with the Atascadero General Plan. 2. The application, together with the recommended conditions, will not have a significant adverse effect upon the environment and the preparation of an Environmental Impact Report ` is not necessary. RECOMMENDATION Based upon the above Findings, the Planning Department recommends: A) Issuance of a Conditional Negative Declaration as follows: 1. Adequate provisions shall be made for drainage and erosion control and protection in conjunction with site development. 2. Adequate provision shall be made in the design of the, private sewage disposal systems to minimize effects on " natural watercourses. 3. Grading and tree removal shall be minimized during all phases of site development; and, B) Approval of Tentative Parcel Map AT 830523 :1 subject to the fol- lowing conditions: 2 Tentative Parcel Map AT 830523 :1 (McPherson) 1. Private sewage disposal systems will be an acceptable method of sewage disposal, if reports and design are acceptable. All tests, reports and designs shall conform to methods and guidelines prescribed by the Manual of Septic Tank Practice and other applicable City ordinances. The following shall appear on the Final Map: I "Appropriate soils reports including a percolation test, a test to determine the presence of ground water, and a log of a soil boring to a minimum depth of ten (10) feet shall be submitted to the Planning Department prior to the issuance of a building permit. Where soils reports indicate that conven- tional soil absorption systems are not acceptable, City ap- proval of plans for an alternative private sewage disposal system, designed by a Registered Civil Engineer , shall be re- quired. Depending upon the system, more restrictive require- ments may be imposed. " 2. Water shall be obtained from the Atascadero Mutual Water Com- pany and water lines shall exist: at each parcel frontage prior to filing of the Final Map. A letter from the water company indicating they are willing and able to serve the property shall be submitted to the Planning Department prior to recordation of the Final Map. 3. All other available utilities not already in place shall be extended underground to each parcel frontage at the time of building permit. 4. The Final Map shall be adjusted to reflect at least three acres gross on each proposed parcel. Adjustment may be made by using the Creek Reservation Note on the map to adjust the actual fee interest used in computing gross acreage. 5. Final grading and drainage plans prepared by a Registered Civil Engineer for development on each parcel may be required to be submitted for review and approval by the Planning and Public Works Departments prior to issuance of building per- mits. A Note to this effect shall appear on the Final Map. 6. Drainage and erosion control plans, prepared by a Registered Civil Engineer , may be required to be submitted for review by the Planning and Public Works Departments in conjunction with installation of private driveways. A Note to this ef- fect shall be placed on the Final Map. 4 7. All pipeline and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building re- strictions. A Note so stating such restrictions shall appear on the Final Map. 3 M Tentative Parcel Map AT 830523 :1 (McPherson) • 8. The applicant shall remain bound to Condition #8 of Parcel Map AT 82-129 which is an agreement to dedicate or grant an open space easement to the City of Atascadero consisting of all of his portion of Graves Creek Reservation No. 8 within a limited time. A Note so stating shall appear on the Final Map and shall be binding on gill future assignees. 9. The boundary of Graves Creek Reservation No. 8 shall be de- lineated on the Final Map so that it is distinguishable from remaining portions of the proposed parcels. 10. No single family residential development shall be allowed within the Creek Reservation portion of the proposed parcels and a Note to that effect shall appear on the Final Map. 11. All driveways providing access to building sites shall be subject to Planning Department review and approval at the time of building permit application for each parcel. Plan and profile drawings may be required. If average slope ex- ceeds 12%, paved improvement would be required, otherwise, an all-weather surface would be required similarly. In no event will driveways be allowed which exceed 20% in slope. In the event any portion of a driveway is shared, improvement of the shared portion shall be a requirement made in conjunc- tion with the first building permit. Notes to these effects shall appear on the Final Map. 12. The driveway access shall be improved to at least the follow- ing minimum standards: - an improved width of twelve (12) feet - unobstructed vertical clearance of fourteen (14) feet These standards shall appear as Notes on the Final Map. 13. Efforts shall be ,made to minimize grading that would be dis- ruptive to the natural topography and removal of existing mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appro- priate permit and compliance with applicable City ordinances. 14. Roof materials for all structures shall be Class C raking or better and a Note to that effect shall appear on the Final Map. 15. The 100 year flood plan and the floodway shall be delineated on the Final Map and a Note shall appear on the Final Map which describes any building restrictions; including those affecting design of a private sewage disposal system, appli- cable to development of the site based on City participation in the Federal Flood Insurance Program. The wording of said 4 Tentative Parcel Map AT 830523 :1 (McPherson) Note shall be approved by the Planning and Public Works IsDepartments. a. If possible, minimum- finish elevations for any buildings and private sewage disposal systems shall also be noted on the Final Map. 16. A Final Map in compliance with all conditions set forth here- in shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation. a. Monuments shall be set at all new property corners cre- ated and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monu- ments have been set prior to recordation of the Final Map. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Parcel Map. 17. Approval of this Tentative Parcel Map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expi- ration date. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BWREBUSS te Planner REPORT APPROVED BY: ai"�v Aww LAWRENCE STEVENS Planning Director Ps 5 28 24 13J I I` y j 2 - _- x 1 � a 15 I � / 16 i to Zg 1 �v Ila V. 'A / 20 / 47 _ 28 �'¢� 19 !8 lit1 b( 25 26 31 346 t I 32 1,' i g IT Y. 4 O 39 1614 45 15 / / 12 ' 7 . �O 4 6 5 4 44 3 2 1/TAS /f'UAD V .r - 100 43 13 35 34 33 32 31 30 �---_ �G 52 14 �^ ' 39 — 29 28 .27 F�'T 51 9 } / 1 ( q 7. �4 L40 l 142 43 i"J 26 25 I�� 50 •� 6 5 t 4 4 45 t0' g L cf 4b fv� 47 s�'� IG'� 4 -�. 10 7 6 % 4 h RC ` 27 28 3 AfJ 11 2'. a bo �4I 48 49 1 16 f 2930 1 14b 15 \ 23 ' 2Q 25 30 ° 31 32 t3i4° 26 17 17 22 ;5 / Kp t 14 1 i 8 1615 114; 1 j H—L- t2 3 L� ._L— 0 9 8! 720 10 11 7 .} 3 �11 2 F 6 �N\ 21 13 � 15 2g / 24 • , 4 14 14 22 P t j5 15 '� T 3 j 5 i3 Z 1637 17 10 12 17 1 18 l9 -- 26 , za 38 i 12 22. ( \ 13 . o J 1�1 l6 4 11 9 22 4 ZOc/+7-/U/✓ Oi142� . 37 ��__r--- 30 �, 1-7 - 1 6 g =t 20 'i 14 .27'28, 7 C.J SA^17P Z-1 CO 25 ' 26 ' i �D,eT/ON loT-I _`�-�''._.�.-= :; _' �_�f /1i�`',�l.E,CsvfJ�7�i✓�ry G'nEs A7 16 '�G1' , ` ,/ 0 0 yr � l3 Fi 27 4; 6 12 �� 33 j 1 .�! lu A// 7 •. .. i .`�' ��F' `fes j /, ' 2f3/ 32b 2 1 _ 4 l t 4 6 5 4 3 2 ! 7 A- �-a-V-S A _3 3-V-5 i1101�r n \ sat A- -C3-v-5 �a A-1-a t , �c�winl�- �Ccl�G,eE�T� 1 ` A,Td?3 o Y-"Zj / t A - ) - o - V- 5 I ' n I lb lk ;� f ���I t' � -•oro o� O Z%1-- �s•. - ;•;� I \ZEN � p 1 / ' �, my vo � Z y�o�aa OK O �� Sll zi Cb ti. lb CA zi rn rn • � � VVI C z, X � mv�'�.-�'`� C� � s rt m e e+ T RESOLUTION NO. 31-83 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING GENERAL PLAN AMENDMENT GP 830401:1 CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL TO RETAIL COMMERCIAL FOR CERTAIN PROPERTY ALONG SAN PALO ROAD. WHEREAS, the Atascadero City Council conducted a public hearing on the subject application filed by Sandra F. Summers; and, WHEREAS, Government Code Section 65352 provides that a general plan be amended by the adoption of a resolution; and, WHEREAS, approval of the requested amendment to Retail Commercial would encourage development which is consistent with policies set forth in the Atacadero General Plan; and, WHEREAS, the proposed change to Retail Commercial allows for a more appropriate use of land that is locationally and topographically undesirable for residential use; and, WHEREAS, approval of the general plan amendment should not result in any significant environmental impacts. However, additional envir- onmental review may become necessary at the project design phase in order to mitigate site considerations. NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby approve General Plan Amendment GP 830401:1 changing the land use designation from Low Density Single Family Residential to Retail Commercial for certain property along San Palo Road between San Anselmo Avenue and Ardilla Road as shown on attachedExhibit A which is hereby made a part of this resolution by reference. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: Resolution No. 31-8• • AYES: NOES: DATE ADOPTED: MARJORIE MACKEY, Mayor ATTEST: BARBARA NOR IS, City Clerk APPROVED AS O FORM: t ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: *MYWARDEN, City Man ger 2 k eA 101 SAN FAL+ ui r � CENERAL PLAN AMENDMENT qp 8509-01 F-ESOLUTION 4 - 83 Ex H I F5IT - • R E C E I V L D JUL 1 -I EM ATASCADERO nrTY(4.FaK TO: CITY OF ATASCAD—FRO FIROM: 12GBEi2T AND /2UTK RENTS07LE2, 6004 SAN PALO ROAD, ATASC DERO, CAlIFOIQNIA LOT 17 AND 18 IN BLOCK GB RE: APPEAL OF DECISION BY ATA.SCADEIRO CITY COUNCIL OF GE'VE12A.L PLAN A✓7ENXENT GP 830401: 1 ON Jr1LY 11, 1983 fJE, T KE UNDEi?SIGNED Ai SEAL TKE ATASG4DF�2U CITY COUNCIL'S Ai i i6 L OF GEVfj%4L 'Ltbll MlLAIDPIENT Gly 830401: 1 ON POI?TIONS OF LOTS 1 AND 2 IN BLOCK 2 ON SAN PALO fWAD IN ATASC.DE2O, CALIFORNIA. !JE FEEL THAT 7-11E CGUNCIL ACTED HASTILY 1JIT KOUT RE12SONAL AND INDIVIDUAL CONSIDERATION OF OUR IMMEDIATE RESIDENCE IMMEDI.4TFLY ADJACENT TO THIS 112GIDFJ,-TY. TKE CITY COUNCIL, IN THEIR APPROVAL, DID NOT ADDRESS THE CIRC1lLRTIGN .4ND DRAINAGE IPROBLUI NOR A BUFFE2 ZONE 13EI—UEE I THIS RETAIL COMME2CZAL ZUNING AVD GUi2 LJO DENSITY, A:VIPIAL ORIENTf� 12fSI17r�ICE. TKE GF1VEi2AL PLAN SPECIFICALLY ST,tiES TfIAT CIIMNE2CIAL DEVELOI rN NT IF C4LLf ED FOR BY POPULATION PRESS1112E, SHAH BE SECONDARY TO SURROUNDING RESIDEWT IAL USES. AT TRIS TIN F, PREVIOUSLY DESIGNATED C 'Plf?E2CIAL ZONES ARE NOT BEING LLTILIZED, AND UNTIL SUCfI TIME AS L'VC12E4SED KIPUL'ITION CRU)T H DRIANDS MORE SERVICES, IMNAINS ADECUAT E. THE CITY HAS ESTABLISHED LAMS AGAINST THE CILTTIlVG OF OAK TRELS ... BUT DOESN'T HESITATE TO SEVER GUR LIVES. NE URGE TKE CITY COUNCIL TO RECONSIDER THEIR DECISION. DATED: o y R919 I. RENTSCHLER M E M 0 R A N DU M TO: CITY MANAGER July 20, 1983 FROM: PLANNING DIRECTOR SUBJECT: APPEAL OF DEPARTMENTAL REVIEW R830415 :1 LOCATION: 5935 Venado Avenue (Lot 2, Block KB) APPLICANT: Allen Litten (Joe Elkins) APPELLANT: Mary Middlecamp, et al REQUEST: To consider appeal of Planning Commission denial of appeal of Planning Department approval of a proposed eighteen unit multiple family residential project. On June 20, 1983 the Planning Commission conducted a public hearing on the appeal unanimously (Commissioner LaPrade and Chairman Lilley did not participate -due to a possible conflict of interest) denying the appeal. Staff memoranda and reports relating to this matter are attached. It was the consensus of the Planning Commission that the project was in compliance with General Plan policies and zoning regulations in ef- fect at this time. The Commission discussed the following matters related to the project: - proposed project density (with some desire for a lesser density) - proposed parking (with some desire for more parking) - drainage - effect of increased traffic Joe Elkins, architect and applicant' s representative, appeared and re- quested that the appeal be denied noting that a lot of preliminary work had been done to assure compliance with City requirements ► The following persons appeared in support of the appeal: Mary Middlecamp, Venado resident, expressing concern about the proposed density, increased traffic flows, affect on neighbor- hood environment, drainage problems, and the slope of the build- ing site. Appeal of De artmenaReview R830415 :1 (MiddlecamP, et al) - Dwight MacCurdy, Venado property owner , objected to the density and the effect on the neighborhood character among other objections - Dennis Clifford, Venado resident, opposed the project because of the potential adverse effect in the neighborhood - Bob Berg, Venado resident, objected to the proposed density - Rick and Jean Sutton, Venado property owners, stated that the project was inappropriate for their neighborhood andthatinad- equate buffers were provided - Frank Platz, area property owner , indicated his objection to the project - Werner Enright, Santa Lucia resident, felt the project would ad- versely affect the neighborhood - Sheryl O'Neill, area property owner , also opposed the project No one else appeared on the matter. Petitions, letters and other mat- erial supporting the appeal are attached. On July 7, 1983, a letter appealing the decision of the Planning Com- mission was submitted. A copy is attached. A. separate letter raising various objections to the project was sub- mitted to the Traffic Committee. The Committee reviewed the matter and determined that it should be forwarded with the appeal noting that issues raised had been addressed in the Departmental Review or were not within the purview of the Traffic Committee. _ Z�u LAWRENCE STEVENS AUR YWARDEN Planning Director City Ma ager Ps 2 City Council City of Atascadero 6500 Palma Avenue Atascadero, Ca. 93422 Dear City Council Members. SUBJECT: DEPARTMENTAL REVIEW R830415: 1 APPEAL We, the residents, in the area neighboring the land related to the Departmental Review R830414: 1 , recognize the right of an individual to develop his property as he sees fit. However, we also recognize that -, this right must be exercised within the law with a concern for the safety and well being of all the residents of the affected area. We also feel that the right for one man to make a financial profit at the expense of an entire neighborhood should be evaluated for moral and ethical "laws" . It is with these thoughts in mind that we present to you Ithe City Council of Atascadero, the following concerns and action requests: CONCERNS 1 . DENSITY a. The proposed high density dwellings donot meet the standards set forth in City ordinances. 1 . Attached is a copy of the recorded survey map on file at the San Luis Obispo County Assessors Office and signed by the County Recorder and County Surveyor of the property in question. 2. City ordinances state that 16 units per acre is allowable and that road easement of 25 feet is the only easement subtracted to give total amount of land to be considered for building. Using the recorded survey map measurements the following calculations were completed: Area of a Trapezoid = 2(a+b)H aoa 327.95 ' b= 344.40' H=153. 09 ' 1 . Sub;;petract 25 ' from a and b for easement required for road. a= 302.95 ' b= 319.40 ' 2. Formula calculations: 2( 302.95 + 319.40) 153. 09= 47637.78075 sq. ft. 47637.78075 sq. ft. divided by 43560 sq. ft./acre 1 .093612964 acres 1 . 093612964 acres X 16 units per acre=17.49780742 units. 17.49780742 doesnot round up to 18 ;it rounds down to 17 units. 0 DEPARTMENTAL REVIEW APPEAL Page 2 CONCERNS: 1 . DENSITY - b. The proposed high density dwellings would be inconsistent with the rest of the neighborhood . 1 . Attached is a copy of an assessor' s recorded map. The lots marked 1 , 2 and 3 are single family dwellings. The lots marked 4 and 5 are a church and the area marked 8 is a motel but the motel is on a larger area than the proposed dwelling but has only 14 units. The area marked 7 has 12 multiple dwellings. There is no other property in the area which has such high density on 1+ acres. 2. Lots 2, 8,9, 10 and 11 are zoned high density multiple dwellings. However, these lots are undeveloped with exception of 2. Lot 2 was recently .sold and because of its historic value as well as uniqueness to the community it would seem ridiculous to destroy this dwelling for profit. 2. TRAFFIC FLOW a. The streets in the vicinity of the proposed multiple family residential project are not adequate to carry the quantity and kind of traffic generated. 1 . Attached is a copy of our letter to the Traffic Committee of the Public Works Department which delineates our concerns regarding the traffic flow safety on-site and off-site with regards to the proposed development. 2. The City of Atascadero must seriously consider the cost of off-site road improvements to faciliate the 18 additional dwellings located so near to a very hazardous blind corner. 3. DRAINAGE a. The type of road surface and the potential run-off caused by the shale soil and road surface maternal and their relationship to potential run-off is a concern to us. The Planning Commission stated that no water would enter the street from this facility. However, we who live on this street know that the yearly flooding of the corner of Santa Lucia and Venado is a serious hazard. The off-site current, drainage problem would only be enhanced by adding 18 families to this area. With no current drainage ditches or piping on the east side of Venado our DEPARTMENTAL REVIEW APPEAL Page 3 CONCERNS: 3. DRAINAGE a. concerns are who will impove this situation? The city funding or the property owner of the proposed development? 4. SAFETY OF PEOPLE LIVING IN HIGH DENSITY DWELLINGS a. The design architect for the proposed project stated that the units would hopefully attract the Senior Citizen. In reality how do you rent to senior citizens only? Will senior citizens be willing to rent two story units built on a slope? Will the senior citizen feel safe walking on the street? Ask some senior citizens to see what they think. b. The design architect also stated that he assumed the location of the proposed dwellings was so close to town that the tenant would notneed two cars . Assumptions are not reality. It needs to be recognized that the Cal Trans evaluated the Traffic Way freeway exit hazardous. Why impact this intersection with more cars or pedestrians? c. There are no City Ordinances guiding the amount of free space or recreational area needed in high density dwellings. However, when one looks at the proposed design it becomes apparent,_that little thought was given to "free space" or to safe "free space" . We are concerned that the play area for adults and children is right next to the entrance and exit road and leads directly into the traffic flow of Venado and is very close to the blind corner of Venado and Santa Lucia. d. The families will need storage and work areas for non-household goods such as mechanical projects, bikes, recreational vehicles, motorcyles etc. No storage area is included on the proposed plan. e. The mail service approved by the Postal Service is located directly behind the garbage collectors. The sanitation and safety of an area like this is quite questionable. Is there any other unit in town with mail boxes and garbage collectors together? f. We are concerned with the quality of life offered to the renter of the proposed dwellings. From a realistic point of view these renters, will be livipg in 850 sq. ft. , without adequate storage area, parking area, recreational area,safe roads, adequate off-site drainage, and picking up mail next to their garbage. • DEPARTMENTAL REVIEW APPEAL Page 4 CONCERNS: 5. ORDINANCES a. We realize all too well that we are very late in questioning zoning ordinances. But, it should be stated that the original zoning of the property in question was done at a time that the city was thought to be developing to the West of El Camino Real with businessess. The freeway changed this and the present neighborhood of semi-rural, family living developed. b. Within the life of this Appeal the new Atascadero City ordinances will ge into effect. These new ordinances would justifiably decrease the number of units built on the site in question. A building moratorium would all`2he city to develop according to the preferred General Plan and not put the city in a position of living with poor quality living for its citizens. The application of old vefus new is very apparent to this Appeal ' s subject matter. 6. ENVIRONMENTAL IMPACT a. As stated by the Departmental Review the Environmental Impact of the proposed project is negligible and only one Oak tree will be destroyed. 1 . We are concerned that the privacy to adjoining properties will be destroyed. This is unavoid- able due to two story structures and the proposed six food high fencing will not correct this problem. 2. There are no other structures on the street which resemble the proposed structure. When intergrated into the present dwellings the proposed structure will "stick out like a sore thumb" . 3. The potential for the increase in crime rate with high density dwellings is of concern to all of us. 4. Our largest financial investment is our home and its property. The proposed high density dwelling will decrease the market value of our single family dwellings and thus our life time investment. 5. Our neighborhood is one the City of Atascadero can be proud of. To leave our neighborhood as it is or to allow a less dense housing would be a credit to the future planning of neighborhoods in the City. DEPARTMENTAL REVIEW APPEAL Page 5 ACTION REQUESTS 1 . SITE VISITATION To truly evaluate this Appeal we feel that a site visitation by the members of the City Council would be of some help in evaluating this Appeal. a. During the visit we hopethat the Council Member would observe and evaluate the following: 1 . The impact of the high density dwellings on the current neighborhood environment regarding specifically the rural atmosphere, tranquility, safety in movement, and privacy. 2. Consider the potential safety hazards of on street parking and it' s relationship to the remainder of the street. Please notice that only 5-6 cars will fit on the 153.97 frontage of the property. 3. View the current traffic flow and drainage problem areas. 2. TRAFFIC COMMITTEE REVIEW a. Please review the results of the traffic committee' s review of our concerns submitted to them for evaluation. 3. DENSITY _ a. Please clarify data used in determining density allowable A on proposed site and obtain and determine correct number • of units to be approved for building. ' 4. COST a. Please consider the cost involved in the off-site improvements needed to provide adequate traffic flow and drainage. 5. ENVIRONMENTAL IMPACT a. Please evaluate the ability of potential renters to have adequate recreation space, storage space and safe traffic flow. We realize that to expect the building of a one family dwelling of quality is unrealistic, however, we would request the building of fewer units which would be located at the top, flat, area of the building site. Thros maintains the neighborhood environment, assures traffic safety, encourages long-time occupancy and stays in line with the new city ordinances for high density dwellings. • • DEPARTMENTAL REVIEW APPEAL Page 6 SUMMARY: The Architect' s design for this high density multiple family residential unit cannot be viewed in an isolated manner. This development must be viewed as an integrated part of an existing neighborhood. The standards used and approved in determining density requirements should be easily accessible to the citizens of Atascadero. The impact of building such a high density dwelling on the life of our present neighborhood would be adverse and we would prefer to see the human consequences taken into account when dealing with the total environmental impact. By planning today for the future tomorrows, you, the City Council of Atascadero, have the ability to assure the dignity, respectability and positive atmosphere of our neighborhood. We hope that in making your decision all considerations are given equal attention. We would certainly be willing to discuss our concerns and action requests with each of you at a council meeting or at any other time. Thank you for your attention to our concerns and action requests during the exercise of your authority. Most Sincerely, Signed Supporters of the Departmental Review Appeal City Council Appeal NAME ADDRESS TELEPHONE X0,_7 53 1-IZI r- 62 c� -2 -�(4� � 5-(O -2.. 1nr Co �Cg C -ScR d--�-�- Y & (,,p -o Cc S r Q.f a F� . y June 24, 1983 Mr. Larry McPherson, Director Public Works Department Traffic Committee City of Atascadero 6500 Palma Avenue Atascadero, Ca. 93422 Dear Mr.' McPherson, We, the residents, in the area neighboring the land related to the Departmental Review R830414: 1 of the Planning Department, recognize the right of the individual to develop his property as he sees fit within the law, but we also recognize that this right must be exercised with a concern for the safety and well ' being of the permanent residents of the affected area. It is with this thought in mind that we present to you the following concerns: CONCERNS: ' 1. TRAFFIC FLOW a. The streets in the vicinity of the proposed multiple family residential project are not adequate to carry the quantity and kind of traffic generated. b. The total impact of adding 18-36 autos to the current traffic patterns of the following areas — needs to be evaluated and documentedi 1 . Venado street access to Santa Lucia. 2. Entry onto Santa Lucia from Venado in relationship to High School traffic (including buses) and commuter traffic. 3. The corner of Santa 'Lucia and Venado in relationship to visibility now affected by city owned trees. See attached diagram #1 . 4. _ Entrance to Venado from multiple dwellings single road for entrance and exit visibility factor needs to be evaluated due to the slope of the proposed driveway. Should a stop sign be necessary? C. The visitors parking pattern on the street is of great concern to all of us. Our concerns are with the adequacy of street parking for potential numbers generated by 18 dwellings; the angle of turn-in and turn-out; the potential use of the double drive way across the street for turning etc. and then the total effect of the street parking related to the fact that no other property has or needs on street parking on a daily basis. Added vehicles and the Public Works Department Traffic Committee • Page 2 CONCERNS: 1 . TRAFFIC FLOW C. poor visibility at the corner of Santa Lucia and Venado are our real safety concern. Can a No Parking on Street sign be required? i.e Mobile%,Home�;Pakks:-,haTre:_this. d. Future increases in traffic flow density due to the additional single family dwellings indevelop ment on AGuila Street and non-named street in close vicinity to the proposed high density dwellings is of concern. e. A grave concern to us is the relationship of on street parking and increased numbers of cars at the end of Venado in relationship to the late night traffic flow using Venado street to get to the "drinking road" of Aguila. 2. DRAINAGE a. The type of road surface and the potential run-off caused by the shale and road surface material and their relationship to potential run-off is a concern. The off-site problem related to this run- off is of grave concern. The corner by the property floods every year and there are no drainage ditches or pipings ,on the east side of Venado. 3. SEWAGE a. It is our understanding that in the future (Oct 183) an increased capacity in the sewage treatment plant will be in use. It is our concern that at present no new sewage hook-ups are available. What will be the impact of this -18 unit dwelling on the city sewer capacity? As you know our Departmental Review Appeal to the City Planning Commission was declined. We continue our efforts to control the number of dwellings developed on the site through this letter of concerns. We thank you for considers}ng our concerns during the exercise of you authority. Sincerely, Signed Supporters of Letter of Concern SIGNED SUPPORTERS OF LETTER TO TRAFFIC COMMITTEE: NAME ADDRESS TELEPHONE NUMBER U ' L Sj jj 6-6 70 �V&Lwd�), (AA-o'do ���cj�` x -I Q ,-c ( - Vi c .._ C5R.-Cev So, `BGG aC. 5`5 ATTAQWFE T2 Neighboring Dwellings 1 s-prat is furnished UESTA TIT!E t �+ n v G . PIT i;rr,A, 1,,, tocknq your land rvith +�. recce i� }trcet,7 ;nom itl r i1.3rcer5. It survey. Y'Jililc this ut»t i; teiived to b12 correcr. the Como �ny I-%urnes o N N no t 3:rrlily for any toys oCcurinP by reason of rcli3nC, ih�reon. ' 144 Q ru M S c. q-j o �' G Q �lily> c ,J 31. Qy� • Q� A F.� � i e / ....� .'°4.yr"��• i��Jt =„yams. �• f Y f Jy A J - N i J1 a w .dd' J vi r ; ' i O n s • � n w ho o Nz¢ (o t C\ r IN. . yltC ►li rq a , R � u 0 a n �`y C>�\; c c `' o �J`t• Y r j1r CJ � r2�dIZ`l_�— .. (��•TC .�:i:,1 �_i4 4�t.i -� y0 r+ar:-.LTiO _ ATTACHMENT 3 Letter to Traffic Committee June 24, 1983 Mr. Larry McPherson, Director Public Works. Department Traffic Committee City of Atascadero 6500 Palma Avenue Atascadero, Ca. 93422 Dear Mr. McPherson, We, the residents, in the area neighboring the land related to the Departmental Review R830414: 1 of the Planning Department, recognize the right of the individual to develop his property as he sees fit within the law, but we also recognize that this right must be exercised with a concern for the safety and well being of the permanent residents of the affected area. It is with this thought in mind that we present to you the following concerns: CONCERNS: 1 . TRAFFIC FLOW a. The streets in the vicinity of the proposed multiple family residential project are not adequate to carry the quantity and kind of traffic generated. b. The total impact of adding 18-36 autos to the current traffic patterns of the following areas needs to be evaluated and documented: 1 . Venado street access to Santa Lucia. 2. Entry onto Santa Lucia from Venado in relationship to High School traffic ( including buses) and commuter traffic. 3. The corner of Santa Lucia and Venado in relationship to visibility now affected by city owned trees. See attached diagram #1 . 4. Entrance to Venado from multiple dwellings single road for entrance and exit visibility factor needs to be evaluated due to the slope of the proposed driveway. Should a stop sign be necessary? C. The visitors parking pattern on the street is of great concern to all of us. Our concerns are with the adequacy of street parking for potential numbers generated by 18 dwellings; the angle of turn-in and turn-out; the potential use of the double drive way across the street for turning etc. and then the total effect of the street parking related to the fact that no other property has or needs on street parking on a daily basis. Added vehicles and the i - �Frff R CITY OF ATASCADERO Planning Department June 20 , 1983 STAFF REPORT SUBJECT: APPEAL OF DEPARTMENTAL REVIEW R830415:1 LOCATION: 5935 Venado Avenue (Lot 2, Block KB) APPLICANT: Allen Litten (Elkins) APPELLANT: Mary Middlecamp, et al REQUEST: To consider appeal of Planning Department approval of the Departmental Review of the proposed 18 unit multiple family residential project. BACKGROUND 1. Previous Action: On May 16 , 1983 the Planning Department issued a Draft Notice of Approval for Departmental Review R830415 :1 ap- proving the construction of the proposed multiple family residen- tial development, subject to certain conditions. Owners of sur- rounding properties, have appealed the approval of the Departmen- tal Review on the following grounds (summarized from the attached petition) : 1. The proposed project is not adequate in size and shape to accommodate the use, all yards, fencing, parking, landscaping and other features required by the Atascadero Municipal Code. 2. The proposed project will adversely affect the single family residential character of the neighborhood by reducing pri- vacy by increasing traffic flows and onstreet parking loads and by encouraging less stable tenure of residence. 3. The proposed project will be injurious to property and/or im- provements in the neighborhood as a result of increasing runoff from the site beyond the natural rate. STAFF COMMENTS The proposed project conforms to all currently applicable City ordi- nances and development standards: 1) The density conforms with the General Plan and zoning ordinance. Re: Departmental Review R830415:1 (Litten) 2) All setback requirements are fulfilled. 3) The number ofarkin s provided excees the number required • P g spaces by the current zoning ordinance. 4) Grading on the site shall be kept to a minimum, and grading and drainage plans are required. 5) Appropriate onsite and/or offsite improvements to prevent detri- mental effects to neighboring properties from additional runoff generated by development of the site are required, subject to Planning and Public Works approval. 6) Sixteen, of seventeen, mature oaks on the site are preserved. As noted in the description of site conditions, the proposed project is adjacent to several different uses: a motel, a church, and single family residences. The Atascadero General Plan states that "high density residential land uses shall serve as a buffer between commer- cial and single family residential areas where appropriate. " In addition, the project site is located on a local street in close proximity to an undivided arterial (Santa Lucia) . The General Plan states that high density residential multiple family uses "shall be permitted along arterials and may be permitted along collectors and local streets. " In summary, Staff has reviewed plans for the proposed project and has determined that the project meets the standards and requirements pre- scribed by current City ordinances and the General Plan. RECOMMENDATION The Planning Department recommends denial of the appeal of Departmen- tal Review R830415:1. ACTION Direct Staff by motion as deemed appropriate. REPORT REPORT PREPARED BY: / GREG`FUZ Planning Intern REPORT APPROVED BY: LAWRENCE STEVENS Planning Director 2 May 24, 1983 MPlanning Commission City of Atascadero 6500 Palma Avenue Atascadero, Ca 93422 Dear Planning Commission, SUBJECT: DEPARTMENTAL REVIEW R830415: 1 APPEAL We, the residents, in the area neighboring the land related to the Departmental Review R830414: 1 ,- recognize the right of an individual to develop his property as he sees fit within the law, but we also recognize that this right must be exercised with a concern for the safety and well being of the permanent residents of the affected area. It is with this thought in mind that we present to you the following concerns and recommendations: CONCERNS: 1 . DENSITY a. Proposed high density dwellings would be inconsistent with the rest of the neighborhood of single family dwellings on large lots. b. The proposed high density dwellings donot meet the standards set forth in new zoning regulations. 2 . DEFINITION OF EXACT PROPERTY LINES a. Need clarification of exact placement of utility easement with regard to current structures and proposed development. b. What will be the actual square footage of building site after subtraction of street width need, utility easement need, curbing and sidewalk need, and potential retaining wall need? C. What will be the final square footage available per person, based on 18 dwellings of 2-4 persons per dwelling? d. How well does this defined exact density meet with new city zoning regulations? 3. TRAFFIC FLOW A. The streets in the vicinity of the proposed multiple family residential project are not adequate , to carry the quantity and kind of traffic generated. �I DEPARTMENTAL REVIEW APPEAL Page 2 CONCERNS: TRAFFIC FLOW b. The total impact of adding 18-36 autos to the current traffic patterns of the following areas needs to be evaluated and documented: 1 . Venado street access to Santa Lucia. 2. Entry onto Santa Lucia from Venado in relationship to High School Traffic (including buses) and Commuter Traffic. 3. The corner of Santa Lucia and Venado in relation- ship to visibility now affected by city owned trees. See attached diagram. #1 . 4. Entrance to Venado from multiple dwellings single road for entrance and exit visibility factor needs to be evaluated because of the slope of the proposed driveway. Should stop signs be necessary? C. Of great concern is the visitors parking pattern on the street. This needs to be evaluated with respect to adequacy of street. parking for potential numbers generated by 18 dwellings; the angle of turn-in and turn-out; the potential use of the double drive way across the street for turning etc. and then the total effect of the street parking related to the fact that no other property has or needs on street parking. Added to this is the safety on the street due to added vehicles and the poor visibility at the corner of Santa Lucia and Venado. d. Future increases in traffic flow density need to be evaluated due to additional single family dwellings in development on Aguila Street and non-named street in close . vicinity to the proposed high density dwellings. e. A grave concern to us is the relationship of on street parking and increased numbers of cars at the end of Venado in relationship to the late night traffice flow using Venado street to get to the "drinking road" of Aguila every weekend. 4. NEIGHBORHOOD ENVIRONMENT a. High density dwellings are not in line with the permanent characteristics of the neighborhood. 1 . Loss of privacy to adjoining property is unavoidable due to two story structures. Six foot high fencing doesnot correct this problem. May 24, 1983 Planning Commission City of Atascadero 6500 Palma Avenue Atascadero, Ca. 93422 Dear Planning Commission, SUBJECT: DEPARTMENTAL REVIEW R830415: 1 APPEAL We, the residents, in the area neighboring the land related to the Departmental Review R830414: 1 ,. recognize the right of an individual to develop his property as he sees fit within the law, but we also recognize that this right must be exercised with a concern for the safety and well being of the permanent residents of the affected area. It is with this thought in mind that we present to you the following concerns and recommendations: CONCERNS: 1 . DENSITY a. Proposed high density dwellings would be inconsistent with the rest of the neighborhood of single family dwellings on large lots. b. The proposed high density dwellings donot meet the standards set forth in new zoning regulations. 2. DEFINITION OF EXACT PROPERTY LINES a. Need clarification of exact placement of utility easement with regard to current structures and proposed development. b. What will be the actual square footage of building site after subtraction of street width need, utility easement need, curbing and sidewalk need, and potential retaining wall need? C. What will be the final square footage available per person, based on 18 dwellings of 2-4 persons per dwelling? d. How well does this defined exact density meet with new city zoning regulations? 3. TRAFFIC FLOW A. The streets in the vicinity of the proposed multiple family residential project are not adequate . to carry the quantity and kind of traffic generated. DEPARTMENTAL REVIEW APPEAL Page 2 CONCERNS: 4. TRAFFIC FLOW b. The total impact of adding 18-36 autos to the current traffic patterns of the following areas needs to be evaluated and documented: 1 . Venado street access to Santa Lucia. 2. Entry onto Santa Lucia from Venado in relationship to High School Traffic (including buses) and Commuter Traffic. 3. The corner of Santa Lucia and Venado in relation- ship to visibility now affected by city owned trees. See attached diagram #1 . 4. Entrance to Venado from multiple dwellings single road for entrance and exit visibility factor needs to be evaluated because of the slope of the proposed driveway. Should stop signs be necessary? C. Of great concern is the visitors parking pattern on the street. This needs to be evaluated with respect to adequacy of street. parking for potential numbers generated by 18 dwellings; the angle of turn-in and turn-out; the potential use of the double drive way across the street for turning etc. and then the total effect of the street parking related to the fact that no other property has or needs on street parking. Added to this is the safety on the street due to added vehicles and the poor visibility at the corner of Santa Lucia and Venado. d. Future increases in traffic flow density need to be evaluated due to additional single family dwellings in development on Aguila Street and non-named street in close vicinity to the proposed high density dwellings. e. A grave concern to us is the relationship of on street parking and increased numbers of cars at the end of Venado in relationship to the late night traffice flow using Venado street to get to the "drinking road" of Aguila every weekend. 4. NEIGHBORHOOD ENVIRONMENT a. High density dwellings are not in line with the permanent characteristics of the neighborhood. 1 . Loss of privacy to adjoining property is unavoidable due to two story structures. Six foot high fencing doesnot correct this problem. DEPARTMENTAL REVIEW APPEAL Page 3 CONCERNS: 4. NEIGHBORHOOD ENVIRONMENT a. 2. There is need to consider the effect of the structural changes in relationship to adjoining properties and to the entire streets: a. The decrease in the aesthetic value of the street by the addition of sidewalks, curbs, etc. in a neighborhood who takes pride in its rural appearance. b. The effect of a retention wall need if slope of land is properly done. 3. The potential for the increase in crime rate with high density dwellings needs to be given most serious attention by the Planning Commission. 4. Who is going to live in 850 sq. ft. of housing, crowded onto 1 .09 acreas, with little out-door living space etc. for more than one to three years? We all purchased our homes to live in for at least five years but most of us will live the rest of our lives here. The transient type of population encouraged by this high density dwelling is not in line with the desired neighborhood environment. 5. To all of us our largest financial investment is our home and its property. Surely it is evident that a high density dwelling in our neighborhood will decrease the market value of our property. 6. To leave our neighborhood as is would be a credit to future planning of neighborhoods in the City of Atascadero. Our neighborhood would have continuity. 5. DRAINAGE a. The current review states that the surface soil is sandy loom and the drainage needs are based on this visual assumption. b. All permanent residents of this neighborhood know that the entire area is shale. ** Please see attachment C. The soil type and the drainage systems need to be re-evaluated. d. The type of road surface and the potential run-off • caused by the shale and the road surface need to be delineated much further. DEPARTMENTAL REVIEW APPEAL Page 4 CONCERNS: 6. SAFETY OF PEOPLE LIVING IN HIGH DENSITY DWELLINGS a. Just exactly how much land will be available for building and what is the final density per square foot these people will have to live in? 1 . Evaluate the amount of land lost to easement, construction of road etc. , set back ordinance requirements, structure dimensions and then look at what is left to move around in-to live in• Also consider potential power line crossing property. b. Study the location of the play area within the property for children. We are concerned because this area is right next to the entrance and exit road and is conducive to bike' s etc.. on the main traffic flow within the dwellings. C. Is the recreation area for children and adults adequate? d. Is there adequate parking for renters within the boundries of the dwellings? There is not even 12 parking spaces per unit. This brings to mind the concern for street parking on a continual basis and this effect on visitor parking availability. e. The families will need storage and work areas for non-household goods such as mechanical projects, bikes, motorcycles etc. Where will this be done? 7. MAIL DELIVERY a. Where will the mail boxes be located: If on the street like everyone elses a traffic flow to deliver and pick up mail should be completed . and evaluated. 8. ORDINANCES a. What is the historic basis for the original zoning of the property in question? Do these old ordinances relate to the present neighborhood well established in the vicinity? b. How can the planning commission justify applying out-dated ordinances for density to last minute proposals? C. Please remember that as stated in your Departmental Review-"approval is granted for a maximum period of one year" we have to live with this the rest of our lives ! DEPARTMENTAL REVIEW APPEAL . Page 5 RECOMMENDATIONS: 1 . SITE VISITATION We feel that to truly evaluate . the Departmental Review and the Appeal to this review the Planning Commission needs to visit the site in question. a. During the visit, observation and evaluation of the following is recommended: 1 . The impact of the high density dwellings on the current neighborhood environment regarding specifically the rural atmosphere, tranquillity, safety in movement, privacy, companionship. 2 . Observe a volunteer traffic flow demonstration- explanation by the neighborhood or refer to the attached traffic flow plan. Diagram #2. 3. Observe and evaluate the potential safety hazards afon street parking and it' s relation- ship to the remainder of the neighborhood' s uncurbed areas. 4. Observe and evaluate theoor visibility of corner p Y of Santa Lucia and V6nado due to curvature of road and city owned trees. 5. Observe or delegate measuremert' of the exact amount of property available for building. This should include the following: a. exact placement of utility easement with regard to current structures and proposed development. b. Exact amount of land given to street width, curbing, sidewalks,retaining wall and over head power lines. C. Determine final square footage available per person, based on 18 dwellings of 2-4 persons per dwelling. d. Compare this data to the new city zoning regulations. 2. DETAILED TRAFFIC FLOW STUDY a. Evaluate and compare present traffic flow and projected traffic flow with the addition of 18-36 vehicles. Equate this to factors of high school traffic, commuter traffic, and corner visibility. b. Consult with police and fire departments regarding ease of access and safe traffic flow during emergency in area surrounding high density dwellings. C. Study area at most congested time for realistic daily impact. DEPARTMENTAL REVIEW APPEAL Page 6 • RECOMMENDATIONS: 3. ACCURATE OVERALL NEIGHBORHOOD DIAGRAM a. Develop an overall drawing of the finished plan of the high density dwelling shown integrated with the neighborhood (Venado Street) . b. Shows its ability to blend in with the present neighborhood setting with emphsis on traffic flow, on street parking, driveway access, curbing, sidewalks, street width, utility easements. 4. SOIL SAMPLE AND DRANAGE a. Re-evaluate soil content by use of a core soil sample and relate the actual soil type to a proper drainage system. Consider the run-off from paving surface in drainage system. 5. SLOPE OF BUILDING SITE a. Re-evaluate slope of land to accomodate a 2 to 1 grading for construction purpose. b. Relate the need for a retaining wall to the grade of the slope. C. Relate the safety of entrance and exit to the slope of the driveway. d. Determine the angle involved in the slope. 6. Evaluate ability of renters to have adequate recreation space, storage space, mechanical equipment repair space. 7. Evaluate mail service to the high density dwellings. a. Emphasis traffic flow and location of mail service. 8. Relate in detail total project to the following: a. City General Plan b. Specific neighborhood plan C. Timing of old ordinance versus the new city ordinances regarding population density. 9. We realize that to expect the building of a one family dwelling of quality is unrealisticihowever, we would recommend the building of fewer units which would be located at the top, flat, area of the building site. This would maintain the neighborhood environment, assure traffic safety, encourage long-time occupancy and meet the new city zoning ordinances. DEPARTMENTAL REVIEW APPEAL Page 7 SUMMARY The general plan for this high density multiple family residential unit cannot be viewed in an isolated manner. This development must be viewed as in integrated part of an already established neighborhood. The most critical concept in our neighborhood is not the environmental impact on an oak tree but the environmental impact on the people who live here. We love this neighborhood and we made a choice to live here because of its tranquility, logistics, privacy, safety and companionship. The impact of building such a high density dwelling on the livelihood of our present neighborhood would be adverse and we would prefer to see the human consequences taken into account when dealing with environmental impact. We feel that the VZnado Street neighborhoodis one the City of Atascadero can be proud of. By planning, today for the future/you, the Planning Commission, have the ability to assure the dignity, respectability, and positive atmosphere of our neighborhood. We hope that in making your decision all considerations are given equal attention. We would certainly be available for any needed clarification or explanation of our stated concerns and recommendations. Thank you for your attention to our concerns and recommend- ations during the exercise of your authority. Sincerely, Signed Supporters of the Departmental Review Appeal F We, the undersigned, support the Departmental Review R830415: 1 Appeal as stated in the attached letter to the Planning Commission: DATE NAME HON ADDRESS S PHONE # YI cze;e _ � ' J 3t€;SIL G` X;411 " GAJ J1) � -fit:'g 7 A CII t.j � ✓,,,mayJ 7 1 lA4 06.5_ We, the undersigned, support the Departmental Review R830415: 1 Appeal as stated in the attached letter to the Planning Commission: DATE NAME ADDRESS TELEPHONE # Y3 D� x as Kld 3 Z�, Y" d'-3 c c> � �Ecu2 SGC1O C�-n �� zq 03 �� ��� 6 yo v�� �u�� ZY66 l a � r PLEASE NOTE THIS ADDITION TO DEPARTMENTAL REVIEW R830415: 1 APPEAL CONCERNS: 5. Drainage b. "Please note that the surface area which appears as sandy 0 loom is in fact uncompacted fill trucked to the area several years previous in order to fill a natural depression in the surrounding shale. plot as lttmishedUESTA.TITLE.GUARANTY COMPANY for your Oi cKg Yflur•land wish ence to streets and other parcels It is not a sarvey; while,this plat is belived to be correct, the Com an sssumes § no t�abdity:lor any loss occuring by reason of.reliance 'thereon." 1; 410 .00 • : t ., Cr 00 a1. . .: ?, 40 '` bs 440 . r a Oc a' r o r Og LAW (MIN 0 r wig cc uj ` ata C yo i v 0 W V CO r o� O .►moi � .,,rte to at � Y z,• i a � .. ,�of �" +•i r `ti� _ f - ^yt,. �y� OCIVNHV 'VIOfYI VINVS ..40 r?3HNaOD # '111VEOVI 6 DIAGRAM #2 ,TRAF.FIC ,FLOW. PLAN - N i 4 a t d '40 0 m ° !� N �/, a ' •4 3S�s9 ems. ]t , jr--: u 774 lb fA Yu Clow ILd AA :- x N w' 1 1 � p .i� �� ���• L -_.yam �.�. `��a: A R .t•:,,� .� .. ; '�' "�,s r t vti'i +j y'.,¢' fq 35 . ,�� flS0 4• S '� f ,ti i • I�� l5 r it t FQ tin\I ..•UPWI ql Medal 10 tl0seal UIJnJaa Sol Aue 1G N c o sawns-e buedwoj ayl '!aa»oa 5-01 panijQa st leld s►4! QO ;nu s� 11 s aalcJ J2410 pue spans 01 a3ue1t 0!pr snobsof ANVdV'J03 AINVSVnD 31111 VIS300 A9�A�4sluln;�,�`�e1d tis�yt� �• ^ "' ��"d '.:... ix•ki� s .... •'; "t:' ., :; :. .�, +• .�-: ... , e. ._ .. YF:'`� .,_ ,w�::.`t, �«.a'�r. � > ....- .'1..4%it<.a.._� ,..%�.G CITY OF ATASCADERO '' Planning Department May 16, 1983 iris G Ys7a DRAFT "��ASCADF �j/ NOTICE OF APPROVAL OF APPLICATION REQUIRING DEPARTMENTAL REVIEW SUBJECT: DEPARTMENTAL REVIEW R830415 :1 LOCATION: 5935 Venado Avenue (Lot 2, Block KB) APPLICANT: Allen Litten (Joe Elkins) REQUEST: To allow construction of 18 multiple family residential units. BACKGROUND 1. Existing Zoning: R-4-B-2-D (506) 2. General Plan: High Density Multiple Family Residential 3. Environmental Determination: An initial study environmental de- scription form has been completed by the applicant. The Planning Director has prepared a Draft Conditional Negative Declaration for the project indicating that no significant adverse effects are likely to occur if the project is implemented as proposed. 4. Site Conditions: The site is approximately 1..096 acres and is lo- cated near the northeast corner of Santa Lucia and Venado Avenue. Vegetation on the site consists of several mature oaks and native grasses. The topography of the site varies. A significant slope from the Venada Avenue access recedes and the terrain becomes flat to gently rolling. The surface soil appears to be a sandy loam. There are no structures on the site. Three utility poles straddle the northern and western property lines. Development adjoining the site includes a motel, two single family residences and a church. 5. Project Description: The applicant proposes to construct five buildings containing a total of eighteen, two story residential units. Each unit is 850 square feet and contains two bedrooms. The lower floor units will have enclosed rear yards. Exterior building elevations indicate the use of composition shingle roof with exterior stucco and wood siding. Plans submitted show 24 parking spaces, with one space designated for use by the handi- capped. Paved walkways are shown throughout the development. The project is served by a single driveway onto Venado Avenue. Departmental Review R830415:1 (Litten) STAFF COMMENTS The proposed project generally conforms to . applicable development standards, however , Staff is concerned about potentially detrimental effects to neighboring properties caused by the redirection of runoff due to development of the project. Consequently, grading on the site shall be kept to a minimum, and appropriate improvements shall be made to adequately handle site drainage. FINDINGS 1. The project will not have a significant adverse effect upon the environment and the preparation of an Environmental Impact Report is not necessary. 2. The site of the proposed multiple family residential project is adequate in size and shape to accommodate the use, all yards, fencing, parking, landscaping, and other features required by the Atascadero Municipal Code. 3. Streets in the vicinity of the proposed multiple family residen- tial project are adequate to carry the quantity and kind of traf- fic generated. 4. The proposed multiple family residential project will have no ad- verse effect upon abutting property or the permitted use thereof provided all conditions are complied with. 5. The establishment and conduct of the proposed multiple family res- idential project for which the Departmental Review is sought will not be detrimental to the public welfare or be injurious to prop- erty or improvements in the neighborhood. DECISION Based upon the above Findings, the Planning Department recommends: A) Issuance of a Conditional Negative Declaration as follows: I 1. Adequate provision shall be made for drainage and erosion control in conjunction with site development. 2. Provision shall be made to minimize unnecessary grading and tree removal; and, B) Approval of Departmental Review R830415 :1 subject to the following conditions: 2 Departmental Review R830415 :1 (Litten) 1. Site development including buildings, driveways, parking, landscaping and other features shall be consistent with plans submitted, including modifications required herein. 2. Submit two copies of detailed landscape and irrigation plans indicating size, type and spacing of plant materials pro posed, for review and approval by the Planning Department prior to issuance of building permits. a. Raised concrete curbs or similar shall border each planter area. b. Plant materials shall be sized to achieve a mature ap- pearance within three years. C. The type of irrigation system shall depend upon the type of plant materials used and their watering needs. d. The single oak tree designated for removal may be re- moved. Care shall be exercised to guarantee the con- fining viability of the retained oak trees. Protective measures for the retained trees shall be reviewed with the Planning Department for adequacy. 3. Submit two sets of grading and drainage plans indicating the grade of building pads, flow lines at the top of the curbs, etc. , for review and approval by the City Public Works De- partment prior to the issuance of any permits. a. Drainage from the site shall not be allowed to flow directly across public sidewalks and driveways. b. Drainage from the site shall be directed and/or contained in a mannerapprovedby the Public Works and Planning Departments in order to prevent detrimental effects to surrounding properties. Offiste improvements may be required to adequately protect adjacent property from increased drainage associated with the project. 4 . Install concrete curbs, gutters, and sidewalk and street paveout along the entire Venado street frontage. Said im- provements are to be constructed under an inspection agree- ment and encroachment permit issued by the Public Works Department. a. Improvement drawings shall be submitted to the ' Public Works Department for approval. b. Any dedications necessary to accommodate required street widths shall be made. 5. Building architecture shall be consistent with the elevations submitted. a. Roof-mounted mechanical equipment shall be screened from 3 .' 16� Departmental Review R830415 :1 (Litten) view from adjacent streets and properties in a manner approved by the Planning Department. 6. Provision shall be made for paved and enclosed trash storage area(s) in a location generally as shown on plans submitted. Area provided shall be sufficient to contain two dumpster. 7. Outdoor lighting fixtures shall be designed to minimize on- site and offsite glare. 8. One of the two existing fire hydrants on Venado Avenue near the property shall be upgraded to a standard hydrant to the satisfaction of the Fire Chief. 9. All new utilities and utility connections shall be placed underground. 10 . The project shall be connected to community water and sewer systems. Submit evidence from the Atascadero Mutual Water Company and Atascadero Sanitation District indicating that the agencies are willing and able to provide service to the project prior to the issuance of any permits. 11. Parking shall be provided generally as shown on plans submit- ted. Parking and access areas shall be paved with a minimum 2" AC on adequate base. Spaces shall be striped and provided with wheel stops or the functional equivalent. a. A minimum of 24 spaces shall be provided as shown on the plans. Spaces are to be nine feet by twenty feet. At least one space shall be provided for the handicapped, with dimensions to be fourteen feet by twenty feet. b. Spaces may be reduced to seventeen feet in depth, and the sidewalks widened by three feet to eliminate the need for wheel stops. 12. Six foot high solid fencing of a type and design approved by the Planning Department shall be provided along the north- west, north, and northeast property lines (25 feet) . Fencing shall not exceed three feet in height within the front yard setback. 13. Onsite signing shall be limited to an aggregate area of 20 square feet for the entire project, not to exceed the height of the building unless a Conditional Use Permit is se(rured. 14. In the event that archeological resources are discovered on the subject site during construction of this project, said resources are to remain undisturbed after discovery and con- struction activity shall cease immediately. The Planning Department is to be notified so that proper disposition of the resources may be accomplished. Construction may resume only upon authorization by the Planning Department. 4 Departmental Review R830415:1 (Litten) 15. this Departmental Review approval is granted for a maximum period of one year from the date of final approval. A time extension cannot be granted since the project does not comply with standards set forth in new zoning regulations. 16. All conditions of approval established herein shall be com- plied with prior to occupancy of the building by the proposed use. 17. This Departmental Review approval and environmental determin- ation shall become effective at 5:00 p.m. on May 25, 1983, unless appealed prior to that time. 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J# \\ LAUHOCY • . , , rFTWH UH Ham/ 6,6r=7 rr;, - ' 1 ALOw WAST MOM Ito bf�f PMY TYJ'ICAi. UHIT -1. +- ~ ;• -'r ® ','1 • - MAJ✓K hK��r:A t2C7U'GHT AIL AKFMo MAifJV4Hr TM ��\� _ _ _ / A}oh{b TNI WAVTFm A5 ICU V. w I - --- - — p(iYTlf&TIMI - �� �, T-� •� 1 � � 1 i' �r - iCFMA1N,T ?�GOP{T��UK��Tft' 1,7 TAH MA.•!:)"iNr_f TKA%I# EIL�LO�UI�� ---=�: • - —'�� y + GRT M TO PAYING KAT WALL,;&'MAx, }� � _i- _ _ _ , � q'GaNG �2"GFpAIZ F-FH-F Arcmr� 2 i TAH roLl.P f E�Ig71HG •" _/�� ' �� SITE UH t f. 1• 6 MINT NDN GLIM5, M E M O R A N D U M TO: CITY MANAGER July 20 , 1983 FROM: PLANNING DIRECTOR SUBJECT: PREZONE Z820902 :1/TENTATIVE TRACT MAP AT 820902:1 LOCATION: Adjacent to and outside of the southwesterly City limits generally near the westerly intersection of Highway 41 (Morro Road) and Old Morro Road (Lots 6,10-15 and 22-24 of Block 78 ; Lots 4-6 , 27-35 of Block 79 ; Lot 1 of Block 94) APPLICANT: Summit Hills Partnership REQUEST: To allow prezoning of RS (Residential Suburban) for ap- proximately 230 acres into 19 lots of approximately 10 acres each. On May 16, 1983, June 20 , 1983 and July 5 , 1983, the Planning Commis- sion conducted public hearings on the environmental review, prezoning, and tentative tract map and recommends as follows: - That a Focused E. I.R. is not necessary for the project on a unanimous vote (Commissioner Carroll absent) on May 16 (Note: the Planning Department recommended preparation of a Focused E. I.R. ) . - That the Prezoning and Tentative Tract Map be denied on July 5 (with Chairman Lilley dissenting) based on the Findings 1-5 (as revised) set forth in the memorandum of that date (Note: The Planning Department recommended approval of the Prezoning and Tentative Tract Map as set forth in the attached report dated June 20) . In making its recommendation, the Commission modified Finding #2 from the July 5 memo to read as follows: "2. Annexation of this project site will increase the financial impact on existing City services, especially police and fire. " Prez S a Prezone Z 820902 :1/Tentative Tract Map AT 820902 :1 In reaching this recommendation individual members of the Commission did not agree with all the Findings but the Findings accurately sum- marize the overall reaction of the Commission to the project. There was considerable testimony at the May 16 and June 20 hearings and the minutes of those meetings are attached. On July 5 there was no additional testimony and the Commission briefly discussed and then adopted the Findings. 1�1at,2AlevKo LAWRENCE STEVENS MU RAY L WARDEN Planning Director Ci y Ma ger Ps/kg s 2 M E M O R A N D U M TO: PLANNING COMMISSION July 5, 1983 FROM: PLANNING DIRECTOR SUBJECT: SUMMIT HILLS ANNEXATION On June 20, 1983 the Planning Commission held a public hearing on Prezone 2820902 :1 and Tentative Tract Map AT 820902:1 to allow pre- zoning of approximately 360 acres of land from Residential Rural to Residential Suburban and to divide approximately 230 acres of land into 19 lots. It was moved by Commissioner Moore and seconded by Com- missioner Wentzel to revise the Findings for denial of the project and return them to the next meeting for a final action by the Commission on the project. The revised Findings are as follows: 1. It is premature to prezone large acreage areas for possible annex- ation into the City when vacant parcels already exist within the current City boundaries to fill present and foreseeable land use needs. • 2. Annexation of this project site will overburden existing City ser- vices, especially police and fire. 3. The site of the proposed subdivision is not physically suitable for the proposed density of development due primarily to the steep topography and certain geologic characteristics. 4. The design of the subdivision and proposed improvements, espe- cially the inability to design proposed roads to City standards without significant topographical alterations, are likely to cause adverse environmental effects, including, but not limited to, ex- cessive erosion soil conditions affecting slope stability and pri- vate sewage disposal systems identified in the Initial Study. 5. The design of the subdivision and improvements are likely to cause serious public health problems, primarily due to the constraints affecting the design and installation of individual private sewage IU sposal systems. LAWRENCE STEVENS Planning Director a I FP-M AlCITY OF ATASCADERO rou..ro CRrewroe+Ro Isis ® i9�a Planning Department June 20 , 1983 STAFF REPORT SUBJECT: Prezone 2820902:1/Tentative Tract Map AT 820902:1 LOCATION: Adjacent to and outside the southwesterly City limits generally near the westerly intersection of Highway 41 (Morro Road) and Old Morro Road (Lots 6, 10-15 , 22-24 of Block 78; Lots 4-6, 27-35 of Block 79 ; and Lot l of Block 94) APPLICANT: Summit Hills Partnership (The Planning Mill) REQUEST: To allow prezoning from Rural Residential to A-1-BV-5 or equivalent (RS) for approximately 360 acres and to divide approximately 230 acres into 19 lots of approximately 10 acres each. BACKGROUND L. Existing Zoning: Residential Rural (existing County LUE-LUO • designation) 2. General Plan: Suburban Single Family Residential 3. Site Conditions: The site is a portion of the original Atascadero Colony adjacent to the City limits in the County. The site con- tains approximately 360 acres of land. Most of the site is on Frog Pond Mountain which is the highest point in the Atascadero Colony. Grades range from 10% in the lower portions to vertical in the upper portions of the property. Currently the site is di- vided into 23 lots. These are all original Colony lots varying in size from one acre to approximately 230 acres. Of the 23 lots, all are owned by the applicant except four. Vegetation consists mainly of manzanita, scrub oak and other species of trees and nat- ural grasses. Rock outcroppings appear along some of the upthrust areas of the ridgeline. Numerous swales run through the site as the lower portions act as a basin for the watershed. The differ- ence in elevation between the highest point on the site an& Morro Road is over 1000 feet. The applicant has graded in roads and building sites on thesingle 230 acre parcel and individual exist- ing lots under County grading permits. Some of these roads are in excess of 20% grades. Access through the site is via San Miguel Road which branches from Old Morro Road at a point less than 100 feet from Highway 41. Rough graded roads on the 230 acre parcel consist of a closed loop accessing from San Miguel Road only. Two wells have been drilled on the 230 acre parcel for a total com- bined delivery rate of 205 gallons per minute. A one hundred Prezone Z820902 :1/Tentative Tract Map AT 820902 :12 twenty thousand gallon water storage tank has been constructed on the same parcel and connected to numerous fire hydrants located on some portions of the site through a six-inch water main system. 4. Project Description: The applicants propose to annex approxi- mately 360 acres of land containing 23 lots into the City. The applicants also request permission to prezone the site to A-1-BV-5 (City) or equivalent. Additionally, approval is sought to divide Lot 1 of Block 94 (230 acres) into 19 lots ranging in size from 10. 0 acres to 22. 5 acres. Most of the proposed lots are 10-11 acres in size. Access to the proposed subdivision is from a rough graded road system intersecting from San Miguel Road. The inter- nal road system is essentially a closed loop with one access (San Miguel Road) . The applicants propose an emergency egress road from the internal circulation loop (near the water tank) to the Gabrick property adjacent. The road from the Gabrick property to Old Morro Road is currently a narrow, unimproved driveway in ex- cess of a mile in length. The water storage tank and water dis- tribution system are to become part of the Atascadero Mutual Water Company system. 5. Prior Actions: On November 1, 1982, this project was scheduled before the Planning Commission to consider a Staff recommendation that a Focused Environmental Impact Report be required for the project. As a result of an October 27 meeting between Staff and the applicant, a continuance to November 15 was requested in order for the applicants to evaluate the feasibility of preparing and submitting additional Initial Study information which might affect the environmental determination. At the November 15 Commission meeting, the applicants ' request to table both applications (ten- tative map and prezoning) until additional Initial Study informa- tion could be submitted and evaluated was approved. The addition- al information was submitted and a public hearing was conducted on May 16 , 1983 before the Planning Commission to determine whether a Focused Environmental Impact Report would be required. The Plan- ning Commission determined that an Environmental Impact Report would not be required ,for this project and that Staff should pre- pare a Draft Conditional Negative Declaration. STAFF COMMENTS Staff' s environmental review of the project as summarized in the October 27th meeting and subsequent letter (copy attached) to the ap- plicants focused on four broad areas: 1. Geologic stability and related soils conditions affecting grading for road and site development with particular attention to slope (cut and fill) , drainage and erosion control. 2. Availability of adequate building sites on each proposed lot rela- tive to design of private driveway accesses with slopes less than 20%; and to design of private sewage disposal systems which are adversely affected by steep slopes and poor percolation. 2 Prezone 2820902:1/Tentative Tract Map AT 820902:12 3. Public services and utility impacts including probable need for cost revenue (or similar) analysis of the project on City services and including analysis of level and extent of such services re- sulting from the project. 4. Access and circulation impacts, particularly as they relate to circulation within the development (especially for emergency ve- hicles) and to the adequacy of existing road designs and access points at the perimeter of the project. Of these focuses, 1, 2 and 4 pertain to the subdivision and circula- tion design, and 3 pertains to the annexation and prezoning. Staff has no major concerns with regard to annexation and prezoning of the site. As indicated in the additional initial study information, residential development usually does not generate enough revenue to pay for the City services it utilizes. The Local Agency Formation Commission (LAFCO) will also make an independent evaluation of this issue before permitting annexation. Focuses 1, 2 and 4 are Staff ' s main concerns with this project - sub- division design and circulation. The applicants first started devel- oping (grading) this site in 1979 . At that time, they had a geologi- cal reconnaissance completed for the proposed tract map. That study pointed out a number of problems associated with development of the site. These included: downslope movement of soil if the slope is steepened or opened by construction; compaction to suitable density as determined by a soils engineer as mandatory during all cut and fill operations; construction of nonerosive channelization systems on all roads and structure pads spanning the time from pioneer cuts to pav- ing/compaction; surface water shows ranging from springs flowing at 1-2 gpm to seeps without surface show; and bedrock at shallow depth combined with steep slopes preventing use of standard subsurface leach field sewage disposal systems in some areas. Many of these provisions were not followed and as a result, substantial erosion and slope fail- uie has occurred throughout the site. It is evident to Staff that final tract design will be determinant upon further testing on each individual lot. General circulation to the entire project area is funneled through one forty foot wide right-of-way, San Miguel Road. This road is accessed from Old Morro Road at a point 50 feet south of its intersection with Highway 41. An emergency egress is planned from the water tank loca- tion to an adjacent single family residential lot. Egress would con- tinue through that lot down a long (approximately one mile) unsurfaced driveway to Old Morro Road. Staff is concerned that 40 of the 41 lots (proposed Lot 12 is served from outside the project) are served by a long, (as much as 1 3/4 miles) loop cul-de-sac that will not effi- ciently and effectively allow ingress of emergency vehicles and egress of residents during emergency situations (which will increase with development) . The road grades are extreme in several places and the intersection design of Highway 41, Old Morro Road and San Miguel Road is not adequate or safe for the amount of traffic it must eventually handle. Staff recommends that this entire intersection be redesigned to accommodate 90 degree left hand turns directly into the project from Highway 41. The City Engineer has recommended that the road 3 Prezone 2820902 :1/Tentative Tract Map AT 820902:12 system not be accepted into the City at any time in the future. Road S maintenance should be made the responsibility of the future homeowners through the imposition of Conditions, Covenants, and Restrictions. One remaining concern is the effect of the on-site wells on surround- ing wells just outside the project area. Too much pumping (draw down) may affect the water supply of these other wells, especially if the wells are ultimately connected to the Mutual Water Company' s system (as is principally agreed to) . The Water Company has indicated to Staff that pumping would be minimal after tie-in to the rest of the system. The existing wells would only serve to supply the immediate project which would probably entail about two to four hours of pumping per day. FINDINGS (Environmental Review) 1. The Initial Study contains sufficient information to allow an in- formed decision on the prezoning and tentative tract map requests and the preparation of an Environmental Impact Report will not be necessary. 2. Mitigation measures identified in the Initial Study and subsequent environmental evaluation shall be given substantial consideration to assure that all significant impacts have been reduced to ac- ceptable levels. Such considerations shall include changes to the project necessary to achieve acceptable levels of impact reduction. ENVIRONMENTAL DETERMINATION A' Conditional Negative Declaration should consider the following conditions: 1. Adequate provision shall be made for drainage and erosion control and protection in conjunction with road and site development. 2. Grading and tree removal shall be minimized during all phases of road and site development. 3. Adequate provision shall be made to minimize fire hazards in con- junction with site development. 1 4. Adequate and sufficient tests shall be performedon each lot to ensure septic suitability at each building site. 5. Provision shall be made for adequate access to each of the pro- posed parcels. 4 Prezone Z820902 :1/Tentative Tract Map AT 820902:12 6. Provision shall be made to improve project area circulation. 7. Adequate provision shall be made to protect water resources lying within and outside the project area. FINDINGS (to approve Prezoning and Tentative Tract Map) 1. The requested prezoning is appropriate to allow lot sizes compati- ble with the topography. 2. The requested prezoning is consistent with the Land Use Policy Proposals contained in the General Plan including preservation and protection of scenic areas, watercourses, hazard lands and hill- tops. 3. Modifications to the proposed subdivision design and its improve- ments are necessary to ensure consistency with the General Plan and with mitigation measures identified in the Initial Study and subsequent environmental review. 4. The 228.5 acre site is physically suitable for a single family residential subdivision but its density is only physically suit- able if modified as recommended. 5. The subdivision design and improvements are not likely to cause environmental damage or public health problems if modified as recommended. 6. Existing easements of record are not adversely affected by the proposed design. 7. Mitigation measures identified in the Conditional Negative Decla- ration are appropriate and necessary for incorporation into recom- mended conditions of approval. FINDINGS (to deny Prezoning and Tentative Tract Map) 1. It is inappropriate to prezone areas for annexation into the City that will not generate enough revenue to pay for required City services. 2. Annexation of this project site will overburden existi.hg City police and fire services. 3. The design and improvement of the proposed tract map is not con- sistent with the Atascadero General Plan. 4. The 228. 50 acre site is not physically suitable for a single fam- ily residential subdivision. 5 Prezone 2820902 :1/Tentative Tract Map AT 820902 :12 i5. The site is not physically suitable for the proposed density of development and proposed zoning designation. 6. The design of the subdivision and proposed improvements are likely to cause substantial environmental damage as submitted. 7. The design of the subdivision and improvements are likely to cause serious public health problems. RECOMMENDATION Based upon the above Findings, the . Planning Department recommends: A) Adoption of a Conditional Negative Declaration subject to Condi- tions 1-7 set forth in this report. B) Approval of Prezone 2820902 :1 to RS (Residential Suburban) upon approval of annexation into the City of Atascadero. C) Approval of Tentative Tract Map AT 820902:1 subject to the follow- ing Conditions: 1. The proposed subdivision shall be redesigned to eliminate proposed Lot 12 or access the lot from within the tract. No lots shall be permitted which are not accessed from within • the project (proposed City) boundaries. 2. Private sewage disposal systems will be an acceptable method of sewage disposal if reports and designs are acceptable. All tests, reports and designs shall conform to methods and guidelines prescribed by the Manual of Septic Tank Practice and other applicable City ordinances. The following Note shall appear on the Final Map: "Appropriate soils reports including a percolation test, a test to determine the presence of ground water, and a log of a soil boring to a minimum depth of ten (10) feet shall be submitted to the Planning Department prior to the issuance of a building permit. All private sewage disposal systems shall be designed by a Registered Civil Engineer. Depending upon the system, more restrictive requirements may be im- posed. All tests, borings, and designs, including structure locations and septic system locations shall be located inside the delineated building sites shown on the plan delineating feasible building sites on file in the Planning Department. " 3. Private sewage disposal system design shall also comply with the following, which shall be shown as a Note on the Final Map. The Planning Director may modify these requirements, upon recommendation of the design engineer, where deemed ap- propriate for individual system designs. 6 • Prezone Z820902 :1/Tentative Tract Map AT 820902:12 a. Expansion area for the leach field shall be 200%. b. Provide a minimum twenty (20) feet of horizontal separa- tion between the bottom of the trench and surface ex- posure for conventional systems. C. Provide a minimum setback of fifty (50) feet from drain- age swales. More restrictive setbacks may be required if the Basin Plan or applicable City ordinances estab- lish them prior to development of individual sites. 4. Water shall be obtained from the Atascadero Mutual Water Com- pany and water lines shall exist at the frontage of all par- cels prior to recordation of the Final Map. A "will-serve" letter indicating that they are willing and able to serve all parcels in the project shall be submitted to the Planning Department. 5. All utilities, including electricity and telephone, shall be placed underground and shall exist at the frontage of all parcels prior to recordation of the Final Map. Any utility easements shall be indicated on the Final Map. 6. The intersection of San Miguel Road, Old Morro Road and High- way 41 shall be redesigned to accommodate efficient access to and from the project site. a. Left turn lanes or a feasible alternative shall be pro- vided onto and from Highway 41 depending on recommenda- tions and permits from Cal-Trans. b. San Miguel Road and Old Morro Road shall be realigned to provide a 90 degree intersection with Highway 41. C. Appropriate lot line adjustments shall be made in con- junction with any road realignment. d. Improvement plan drawings, prepared by a Registered Civil Engineer, shall be submitted to 'and be approved by the Public Works Department and, as necessary, by Cal-Trans. The applicant shall enter into an inspec- tion agreement and secure any required permits from the Public Works and Planning Departments and from Cal-Trans prior to constructing road improvements. e. Drainage and erosion control plans, prepared by a Regis- tered Civil Engineer, shall be submitted to and approved by the Public Works Department in conjunction with im- provement plan drawings. 7. San Miguel Road, Palo Verde Road, and all internal roads shall be fully improved with a minimum paved width to accom- modate two-way traffic (including adequate shoulders) . a. Improvement plan • drawings, prepared by a Registered 7 Prezone Z820902:1/Tentative Tract Map AT 820902 :12 Civil Engineer, shallbe submitted to ;and be reviewed by the Planning and Public Works Departments. The appli- cant shall secure a grading permit from the City of Atascadero prior to constructing road improvements. b. Drainage and erosion contro plans, prepared by a Regis- tered Civil Engineer , shall be submitted in conjunction with improvement plan drawings. C. Soil reports, prepared by a Registered Civil Engineer, and/or geologist, shall be provided where deemed neces- sary to adequately review improvement plan drawings. d. Maintenance of all roads within the project area shall be the responsibility of the property owner through the establishment of a maintenance district, homeowner ' s as- sociation or similar cooperative effort. CC&Rs, or other documents to establish such maintenance effort, shall be submitted to and approved by the City Attorney and Planning Department prior to approval of the Final Map and shall: be recorded. 8. The applicant shall request a road name for any unnamed streets prior to the recordation of the Final Map, which com- plies with the following requirements: a. All road names shall be of Spanish origin or shall be the names of non-living persons of historical importance. b. Road names shall not be duplicative of nor similar to other road names within the City of Atascadero or in the nearby unincorporated areas of San Luis Obispo County. 9. Plan and profile drawings of proposed individual driveways shall be submitted for approval to the Planning Department in order to determine average grade and appropriate improve- ment requirements. If average slope exceeds 12%, paved im- provement would be required at the time of application for building permit. Otherwise, an all-weather surface would be required similarly. In no event will driveways be allowed which exceed 20% in slope. The driveway access shall be im- proved to a minimum width of twelve (12) feet where it serves only one residence and sixteen (16) feet where it serves two or more residences. All driveways shall have a minimum unob- structed vertical clearance of fourteen (14) feet. ' In the event of shared driveways, improvement of the shared portions shall be a requirement made in conjunction with the first building permit. 10. A plan delineating a feasible building site or sites for each lot in compliance with the following shall be submitted to the Planning Department prior to recordation of any Final Map: 8 0 ! Prezone Z820902:1/Tentative Tract Map AT 820902 :12 a. Building sites shall generally be limited to areas of 20% grade or less, for conventional slab-on-grade construction. b. Building sites shall conform to setback requirements of the zoning and building ordinances, including those re- quired for private sewage disposal systems. C. Building sites shall contain sufficient area for private sewage disposal systems, including expansion area. d. Building sites shall be accessible by driveways with less than 20% grade. e. A minimum of one such building site in conformance with the above, as well as other conditions set forth in this approval, shall be available on each proposed lot. If a site is not available, the lot design may be required to be revised to provide one. f. The following: Note shall appear on the Final Map: "A plan delineating a feasible building site for each lot is on file in the Planning Department. Construction may be limited to these sites by the Planning Department when reviewing individual building permit applications. " 12. Final grading and drainage plans, prepared by a Registered Civil Engineer, for development on each parcel, shall be re- quired to be submitted for review and approval to the Plan- ning Department prior to issuance of building permits. A Note to this effect shall appear on the Final Map. 13. Roof materials for all structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 14. Fire hydrants of a type and size specified by the Fire De- partment shall be installed along San Miguel Road, Palo Verde Road and the internal roads of the tract. Hydrants shall be installed at distances no greater than 800 feet on center. Lesser spacing of hydrants may be required in areas where road slopes exceed 15% or curve radii exceed 50 feet. Exact location and manner of placement shall be subject to the ap- proval of the Fire Department. A letter from the Fire De- partment certifying the installation of the hydrants Ahall be received by the Planning Department prior to the recordation of the Final Map. 15. Efforts shall be made to minimize grading that would be dis- ruptive to the natural topography and removal of existing mature trees. The following shall appear as a Note on the Final Map: 40 9 Prezone 2820902 :1/Tentative Tract Map AT 820902:12 "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appro- priate 'permit and compliance with applicable City ordinances. No cuts shall be made which exceed five (5) feet in height, unless authorized by the Planning Director." 16. All grading shall conform to Chapter 70 of the Uniform Build- ing Code. all cut and fill slopes shall be adequate to allow for establishment of vegetation. Particular attention shall be given to drainage control in conjunction with any grading. 17. Drainage swales shall be indicated on the Final Map and a Note shall appear on the Final Map which states: "Any modification of the ground during site development with- in fifty (50) feet of the drainage swales shall be subject to approval by the Planning Department. " 18. All pipeline and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building re- strictions. A Note so stating such restrictions shall appear on the Final Map. 19 . The applicant shall provide a hydrologist' s report addressing the effects on surrounding private wells (off the project • site) of using the two wells within the project and connect- ing said wells to the Atascadero Mutual Water Company system. The report shall specifically address the effects of export- ing water from the project site to the system at large. The Planning Director may refer the matter back to the Planning Commission for public hearing and for consideration of addi- tional conditions if adverse effects are identified which cannot be adequately mitigated. 20. All building foundations shall be designed by a Registered Civil Engineer and a Note to this effect shall appear on the Final Map. 21. Existing grading shall cease and all permits issued by the County shall become null and void. New grading permits in compliance with Condition No. 7 shall be secured from the City Planning Department. Any grading completed under the previous permits shall be reviewed for conformance with Chap- ter 70 of the Uniform Building Code and shall be modified as necessary to so conform. J 22. The applicant shall make provisions to assure that special site development conditions and other informational notices are recorded through CC&Rs, restrictive covenants, or other acceptable methods to assure that purchasers will be made aware of such conditions and information at time of sale. The manner and method shall be reviewed and approved by the Planning Department. 10 Prezone Z820902 :1/Tentative Tract Map AT 820902 :12 a. It is recommended such information and conditions also , be noted and recorded for parcels now existing which are not part of the Tentative Tract Map. 23. The applicant shall contribute 50% of the cost of a radio repeater for the Fire and Police Department communication systems. 24 . In the event that archeological resources are discovered on the subject site during construction of this project, said resources are to remain undisturbed after discovery and con- struction activity shall cease immediately. The Planning Department is to be notified so that proper disposition of the resources may be accomplished. Construction may resume only upon authorization by the Planning Department. 25. A final soils or geologic report shall be prepared and sub- mitted prior to recordation of any Final Map. 26. All conditions of approval are to be complied with prior to filing of the Final Map unless otherwise specified herein. 27. A Final Map in compliance with all conditions set forth here- in shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Land Division Ordi- nances prior to recordation. a. Monuments shall be set at all new property corners and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation, unless certification is received that corners are already monumented. b. A recently updated preliminary Title Report shall be submitted for review in conjunction with the processing of the Final Map. 28. Approval of this Tentative Tract Map shall expire two years from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 29 . Approval of this Tentative Tract Map shall become null and void if the entire project is not approved for annexation by LAFCO. A Final Map shall not be submitted for recordation until such annexation has been approved and has takenleffect. 11 Prezone Z820902 :1/Tentative Tract Map AT 820902 :12 ' ?SACT I ON a '.The Planning Commission should, by motion, direct Staff as deemed A /appropriate. -,' '.;,-REPORT PREPARED BY: �J %'•. FRED BUSS Associate Planner ' REPORT APPROVED BY. LAWRENCE EVENS Planning Director 0'°:.P_ s t- 1. 12 --' � - � �, -. --rte -..._. ��� _ f�/ -�I' �,, - - - Y— ',. 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O `-.,`. ♦.,: p �► r _ i � � tip^ 4 `'�—.. il:(t_.�F �V_ _ ' iJraYi4af• /:AwT j/d�? j •�_ _ -_ - • � C •- i j -1 3. 4A�''--ztf='�\ `ti \�` //r f r9j^.�+•`I z-�-/ 4 Y d r^G 6•'1 CITY OF ATASCADERO 1918 q r �. 6 1979 CAI) Planning Department May 16, 1983 STAFF REPORT SUBJECT: Environmental Determination - Prezone Z820902 :1/Tentative Tract Map AT 820902 :1 LOCATION: Adjacent to and outside the southwesterly City limits generally near the westerly intersection of Highway 41 (Morro Road) and Old Morro Road (Lots 6, 10-15, 22-24 of Block 78 ; Lots 4-6, 27-35 of Block 79 ; and Lot l of Block 94) APPLICANT: Summit Hills Partnership/The Planning Mill REQUEST: To allow prezoning from Rural Residential to A-1-BV-5 or equivalent (RS) for approximately 360 acres and to divide approximately 230 acres into 19 lots of approximately 10 acres each. BACKGROUND 1. Existing Zoning: Residential Rural (existing County LUE-LUD des- ignation per 1980 Atascadero General Plan) 2. General Plan: Suburban Single Family Residential 3. Site Conditions: The site is a portion of the original Atascadero Colony adjacent to the City limits in the County. The site con- tains approximately 360 acres of land. Most of the site is' on Frog Pond Mountain which is the highest point in the Atascadero Colony. Grades range from 10% in the lower portions to vertical in the upper portions of the property. Currently the site is di- vided into 23 lots. These are all original Colony lots varying in size from one acre to approximately 230 acres. Of the 23 lots, all are owned by the applicant except four. Vegetation consists mainly of manzanita, scrub oak and other species of trees and nat- ural grasses. Rock outcroppings appear along some of the upthrust areas of the ridgeline. Numerous swales run through the site as the lower portions act as a basin for the watershed. The) differ- ence in elevation between the highest point on the site and Morro Road is over 1000 feet. The applicant has graded in roads and building sites on the single 230 acre parcel and individual exist- ing lots under County grading permits. Some of these roads are in excess of 20% grades. Access through the site is via San Miguel Road which branches from Old Morro Road at a point less than 100 feet from Highway 41. Rough graded roads on the 230 acre parcel consist of a closed loop accessing from San Miguel Road only. Two wells have been drilled on the 230 acre parcel for a total com- Prezone Z820902:1/Tative Tract Map AT 82090 bined delivery rate of 205 gallons per minute. A one hundred twenty thousand gallon water storage tank has been constructed on the same parcel and connected to numerous fire hydrants located on some portions of the site through a six-inch water main system. 4. Project Description: The applicants propose to annex approxi- mately 360 acres of land containing 23 lots into the City. The applicants also request permission to rezone the site from Rural Residential (County) to A-1-BV-5 (City) or equivalent. Addition- ally, approval is sought to divide Lot l of Block 94 (230 acres) into 19 lots ranging in size from 10. 0 acres to 22. 5 acres. Most of the proposed lots are 10-11 acres in size. Access to the pro- posed subdivision is from a rough graded road system intersecting from San Miguel Road. The internal road system is essentially a closed loop with one access (San Miguel Road) . The applicants propose an emergency egress road from the internal circulation loop (near the water tank) to the Gabrick property adjacent. The road from the Gabrick property to Old Morro Road is currently a narrow, unimproved driveway in excess of a mile in length. The water storage tank and water distribution system are to become part of the Atascadero Mutual Water Company system. 5. Prior Actions: On November 1, 1982, this project was scheduled before the Planning Commission to consider a Staff recommendation that a Focused Environmental Impact Report be required for the project. As a result of an October 27 meeting between Staff and the applicant, a continuance to November 15 was requested in order for the applicants to evaluate the feasibility of preparing and submitting additional Initial Study information which might affect the environmental determination. At the November 15 Commission meeting, the applicants ' request to table both applications (ten- tative map and prezoning) until additional Initial Study informa- tion could be submitted and evaluated was approved. STAFF COMMENTS Staff' s environmental review of the project as summarized in the October 27th meeting and subsequent letter (copy attached) to the applicants focused on four broad areas: 1. Geologic stability and related soils conditions affecting grading for road and site development with particular attention to slope (cut and fill) , drainage and erosion control. 2. Availability of adequate building sites on each proposed lot rela- tive to design of private driveway accesses with slopes less than 20%; and to design of private sewage disposal systems which are adversely affected by steep slopes and poor percolation. 3. Public services and utility impacts including probable need for cost revenue (or similar) analysis of the project on City services and including analysis of level and extent of such services re- sulting from the project. 2 CITY OF ATASCADERO 1918 LI r ;''. 0 1979 Planning Department May 16, 1983 STAFF REPORT SUBJECT: EnvironmentAl Determination - Prezone ZW: 902:1/Tentative Tract Map AT 820902 :1 LOCATION: Adjacent to and outside the southwesterly City limits generally near the westerly intersection of Highway 41 (Morro R(jad) and Old Morro Road (Lots 6, 10-15, 22-24 of Block 73 ; Ldts 4-6, 27-35 of Block 79 ; and Lot 1 of Block 94) y APPLICANT: Summit Hills Partnership/The Planning Mill REQUEST: To allow prezening from Rural Residential to A-1-BV-5 or equivalbnt (RS) for approximately 360 acres and to divide approxiz,ately 1230 acres into 19 lots of approximately 10 acres e4ch. BACKGROUND 1. Existing Zoning; Residential Rural (existing County LUE-LUD des- ignation per 1980 Atascadaro General Plan) 2. General Plan: Suburban Single Family Residential 3. Site Conditions: The site is a portion of the original Atascadero Colony adjacent to the City limits in the County. The site con- . tains approximately 360 acres of land. Most of the site is, on Frog Pond Mountain which is the highest point in the Atascadero Colony. Grades range from 10% in the lower portions to vertical in the upper portions of the property. Currently the site is di- vided into 23 lots. These are all original Colony lots varying in size from one acre to approximately 230 acres. Of the 23 lots, all are owned by the applicant except four. Vegetation consists mainly of manzanita, scrub oak and other species of trees and nat- ural grasses. Rock outcroppings appear along some of the upthrust areas of the ridgeline. Numerous swales run through the site as the lower portions act as a basin for the watershed. Theidiffer- ence in elevation between the highest point on the site and Morro Road is over 1000 feet. The applicant has graded in roads and building sites on the single 230 acre parcel and individual exist- ing lots under County grading permits. Some of these roads are in excess of 20% grades. Access through the site is via San Miguel Road which branches from Old Morro Road at a point less than 100 feet from Highway 41. Rough graded roads on the 230 acre parcel - consist of a closed loop accessing from San Miguel Road only. Two wells have been drilled on the 230 acre parcel for a total com- Prezone Z820902:1/Te� c.ative Tract Map AT 82090. :- .z bined delivery rate of 205 gallons pe minute. A one hundred twenty thousand gallon water storage tank has been constructed on the same parcel and connected to numerous fire hydrants located on some portions of the site through a six-ircp water main system. 4. Project Description: The applicants proPo43e to annex approxi- mately 360 acres of land containing 23 1,)ts into the City. The applicants also request permission to rezc)nE1 the site from Rural Residential (County) to A-1-BV-5 (City) Sr equivalent. Addition- ally, approval is sought to divide Lot 1 ()f Block 94 (230 acres) into 19 lots ranging in size from 10. 0 acres to 22. 5 acres. Most of the proposed lots are 10-11 acres in size. Access to the pro- posed subdivision is from a rough graded road system intersecting from San Miguel Road. The internal road system is essentially a closed loop; with one access (San Miguel Road) . The applicants propose an emergency egress road fromthe internal circulation loop (near the water tank) to the Gabr' ck property adjacent. The road from the Gabrick property to Old M(,rro road is currently a narrow, unimproved driveway in excess of_ a mile in length. The water storage tank and water distriloution system are to become part of the Atascadero Mutual Water Cam;pany system. 5. Prior Actions: On November 1, 1982, this project was scheduled before the Planning Commission to consider a Staff recommendation that a Focused Environmental Impact R(yport b� required for the project. As a result of an October 27 meeting between Staff and the applicant, a continuance to NoveTnber 15 war. requested in order for the applicants to evaluate the feasibility of preparing and submitting additional Initial Study information which might affect the environmental determination. At; the November 15 Commission meeting, the applicants' request trj table both applications (ten- tative map and prezoning) until additional Initial Study informa- tion could be submitted and evaluated was approved. STAFF COMMENTS Staff' s environmental review of the project as summarized in the October 27th meeting and subsequent letter (copy attached) to the applicants focused on four broad areas: 1. Geologic stability and related soils conditions affecting grading for road and site development with particular attention to slope (cut and fill) , drainage and erosion control. 2. Availability of adequate building sites on each proposed lot rela- tive to design of private driveway accesses with slopes less than 20%; and to design of private sewage disposal systems which are adversely affected by steep slopes and poor percolation. 3. Public services and utility impacts including probable need for cost revenue (or similar) analysis of the project on City services and including analysis of level and extent of such services re- sulting from the project. 2 Prezone Z820902 :1/Ten-tative Tract Map AT 820902: 4. Access and circulation impacts, particularly as they relate to circulation , within the development (especially for emergency ve- hicles) and to the adequacy of existing road designs and access points at tho perimeter of the project. Review of the additional Initial Study does not change Staff' s prior recommendation for a Focused Environmental Impact Report. Almost none of the information submitted delineated the impacts involved, offered adequate mitigation measures or seriously considered alternative vari- ations of the proposal. Only the cost/revenue analysis for city ser- vices (police and fire) responded to any of these questions. In the first recommended focus (geologic stability, soils conditions, drainage and erosion control) , there is inadequate site-specific information given to determine areas of high instability for road cuts, drainage problem areas and erosion control. Recent rain storms over the winter indicate major problems with road washouts, slump ero- sion and drainage ;,(flooding) . It is as if the information generated is intending to justify the ill-advised grading work already performed on the site, with the only mitigation being certain general recommen- dations by the soils engineer and geologist. In the second recommended focus (individual building site adequacy) , there are no details submitted in the Initial Study information to indicate that there are building sites, driveways with less than 20% slope, and leachfield areas for each proposed site. Specifically, area requirements for each of these items will have a direct bearing on the number of lots allowed and on the design of these lots. Slope and percolation are severe impacts that will limit development on the site. The information submitted for the third focus (public services) does a fair job of describing cost versus revenue for city police and fire services in the qualitative sense, however, there is no information given about the impact on the school system and public utilities. LAFCO (Local Agency Formation Commission) will also be particularly interested in this portion of the E. I.R. since they are mandated to make a recommendation based on the impacts, economic and otherwise, of annexing land to a city. This focus should further explore exact costs of annexation and may result in policy formation that determines development fees for capital improvements necessary to provide ex- panded services. The fourth and final focus (access and circulation) deals with the road pattern and access inside and outside the project. None of the Initial Study information supplies suggests an alternative circulation pattern. Again, it seems that the applicant is saying that what is there should be accepted essentially "as is." Road grades and align- ments proposed on the supplied topographic maps as well as field in- spections indicate grades and turning radii that exceed City stand- ards and the only mitigation offered is that the roads will be pri- vate. There is some comment about providing emergency egress at the water tank for access to a neighboring lot and its driveway to Old Morro Road. There is also some comment about elimination of Lot 12 and its access from outside the project on County roads. However, the 3 7 Prezone Z820902 .1/Tative Tract Map AT 82090211.31. proposed circulation system for the entire 41 lot project is a closed loop served only by one entrance to Old Morro Road. San Miguel and Palo Verde Roads terminate near the project boundaries. This project has the ability of generating up to 410 trips per day through this narrow funnel. Emergency vehicles would be severely impeded. Addi- tionally, CalTrans has commented about the alignment of Old Morro Road and Highway 41, specifically concerning the angle of Old Morro Road to Highway 41 and the ability to provide left turn capability, and its relationship to the new alignment of Lot Altos Road. Alternative cir- culation patterns including additional linkages between the project site and interconnecting roads must be evaluated. The items listed above represent the major points of each focus that should be discussed in an Environmental Impact Report. These indicate that an independent study is. needed to evaluate the impacts this pro- ject will have on the environment. Initial Study information submit- ted may, at best, help reduce the volume of work necessary to complete an Environmental Impact Report. The activity associated with this project to date is a perfect example of placing the "cart-before-the horse. " I•t is not responsible plan- ning to secure a grading permit (without any plans) for roads and building pads and grade them in as a first step, which is then fol- lowed by a subdivision design to fit around work already accomplished. Rather, planning and design are first, to be followed by proper ap- provals, and lastly by implementing activity (i.e. plans, grading, etc. ) As a result of the modus operandi, proper review of alterna- tives and some mitigation measures is practically precluded since a number of options are no longer available. It should be noted that these issues (alternatives, mitigation measures) are the heart of the CEQA process where significant environmental effects are identified. At this time there is but one question that needs to be answered. That is, will the project (prezoning, annexation, and land division) have a significant impact on the environment? If the available infor- mation indicates that it will not or if the available information in- dicates that it will not if certain mitigation measures are introduced into the project, then a Negative Declaration or Conditional Negative Declaration can be adopted. In evaluating the need for an E.I.R. , it is pointed out that a significant effect is one which could result in "a substantial, or potentially substantial, adverse change in any of the physical conditions in the area affected by the proposed project, including air, water, land, minerals, flora, fauna, ambient noise and objects of historic or aesthetic significance. FINDINGS 1. After the conducting of an Initial Study, it appears that the im- plementation of the project as proposed can result in a signifi- cant impact on the environment. 2. Potential significant impacts are generally limited to four broad areas including geology, site design, cost/revenue analysis and 4 Prezone 2820902:1/Ten-tative Tract Map AT 820902: area circulation indicating that additional environmental review should be conducted in these focused areas. 3. Consideration of possible alternatives to the proposed project is appropriate. 4. Efforts must be directed toward mitigating cumulative and direct impacts which can be associated with this project and continued development of surrounding areas. RECOMMENDATION Based upon the above Findings, the Planning Department recommends that a Focused Environmental Impact Report be prepared for Prezone 2820902:1 and Tentative Tract Map AT 820902 :1, as follows: 1. Geologic stability and related soils conditions affecting grading for roads and site development with particular attention to slopes (cut and fill) , drainage and erosion control. 2. Availabilityof adequate building sites on each proposed lot rela- tive to design of private drvieway accesses with slopes less than 20% and to design of private sewage disposal systems which are ad- versely affected by steep slopes and poor percolation. 3. Public services and utility impacts including probable need for cost-revenue (orsimilar) analysis of project on City services and including analysis of level and extent of such services resulting from the project. (NOTE: This issue is a primary concern of LAFCO in their consideration of the annexation. LAFCO may also make a separate environmental determination on the project unless the City' s action resolves any environmental concerns within their purview. ) 4. Access and circulation impacts particularly as they relate to cir- culation within the development (especially for emergency vehi- cles) and to the adequacy of existing road designs and access points at the perimeter of the project. In the event that the Planning Commission does not concur with the recommended environmental determination, the hearing should be contin- ued to June 20, 1982 and the matter referred back to Staff for prepa- ration of a Conditional Negative Declaration and an analysis of zoning alternatives/recommendation on the tentative map. 5 Prezone 2820902 :1/Tentative Tract Map AT 820902:12 ACTION The Planning Commission should, by motion direct Staff as deemed appropriate. REPORT PREPARED BY: FRED BUSS Associate Planner REPORT APPROVED BY: 4,4to- Af'V4 LAWRENCE STEVENS Planning Director ps a 6 z _ n CD IN OD 411) •� =,,J _ t i �_ - - -*- _ _ __moi.-. Cl -?K\ZZ PIN n, J i Mr. Lawrence Stevy January 4, 1983 Page 2 potential environmental impact (concerning feasibility of access, construction and sewage disposal capability}." I again call your attention to the previously submitted Summit Hills Geological Reconnaissance Report prepared by R. T. Wooley, Engr. Geol, for Central Coast Laboratories, dated July 10, 1979, and the letter of December 11, 1980 from Robert Williams, Consulting Engineer for Central Coast Laboratories regarding "slope excavations and testing of soils, on Summit Hills Development Project." These initial study documents copies of which are enclosed,appear to also address the specific staff concern regarding geologic stability of the proposed development sites and roads and conclude that there are no significant earthquake, flood, or landslide hazards affecting the preselected homesites or the roads. In response to the third topic of your November 11 letter, regarding the cost-revenue concerns of the City as well as the Local Agency Formation Commission staffs, we are submitting results of an independent appraisal and our evaluation of estimated revenues and apparent project costs, particularly related to police and fire services. Preparation of this report by the Planning Mill involved interviews with the City Finance Director, Police Chief, Fire Chief, and the Executive Director of LAFCo to identify the focus of study and the direct and cummulative fiscal impacts of the project for these essential public services. Please note that the letter from Mr. William Voorhman, of Appraisal, Inc., estimated the potential value of the 37 lots owned by Summit Hills, but that this study interprets the project area values to also include 4 additional lots which are separately owned but within the annexation area. The study concludes: "Individually, the project does not appear significantly beneficial or adverse to the City from a cost-revenue stand- point, but cummulatively such residential development, viewed in isolation, may have substantial adverse affects. Until more comprehensive economic information and analysis is available from the City and County concerning actual costs and indirect benefits of various types of development, it is unlikely that a more extensive study of the project itself will provide more meaningful cost-revenue figures facilitating evaluation of planning alternatives." The fourth topic,, access and circulation concerns., is addressed in the December 29, 1982 letter from Ben Maddalena of Central Coast Engineering. It reveals that the Highway 41 entrance was determined adequate for a design speed of 65-70 m.p.h. traffic, and interior private streets, although involving some grades approaching 18% and minimum curve radii of 50 feet, assure conditions at which the larger emergency vehicles could operate. While all these extended initial studies prepared by consultants appear to reinforce the original technical and professional evaluations of no significant project impacts, we recognize that the difficult official environmental determination must be made by the City. If you have any other concerns which we failed to recognize or did not adequately address, we would appreciate the opportunity to discuss further initial studies with Mr. Lawrence Ste *'- January 4, 1982 Page 3 you. In any event, we hope that this additional submission will either eliminate the need for or reduce the scope of a focused EIR if the Commission or Council decide to require one. Please advise us as soon as possible, if this matter can be considered during the February 1983 Planning Commission meeting agenda items. Again feel free to call me if you have any questions or need any minor technical clarifications prior to completing your staff recommendation. ince, ely, Rob trong, A.I. P. RS:kmm _ a Central Coast LahoraWies CIGI 11710 '-'AL MECHANICS 796 6UCKLFY ROAD . 544-3276 ' 0(Ti T10N ENGINEERING SAN LUIS OAIS►O, CALIFORNIA 93401 cember 11, 1980 Mr. William Hartzel Summit Hills Partnership P.O. Box 720 Morro Bay, CA 93442 } SUBJECT: SLOPE EXCAVATIONS AND TESTING Or SOILS ON SUMMIT HILLS DEVELOPMENT PROJECT. Dear Mr. Hartzel : Pursuant to the inspection of ;your project by Mr. Ben ;;addalena and myself, I wish to generally clarify various issues which were discussed at our meeting so that there will be no misunderstandings as to the procedures that would be most advantageous as pertains to the site grading of the subject project. The cut slopes on most of the portions of the roadway tend to exhibit large quantities of sandstone bedrock, conglomerate, and in some areas silt- stone, gravels, and shales. None of the slopes appeared to have rock cuts which consisted of strong indurated bedrock only throughout the slope. This condition is extremely difficult to excavate, and particularly difficult to maintain and hold consistent slopes due to the spalling of the bedrock and the irregular breakout of the rock during the time of excavation. In view of the adverse topographic conditions which are apparent throughout the project, it is recom- mended that all cut slopes -be established on a 1:1 cut to avoid removal of any more oak trees than necessary and also to minimize the amount of exposed cut surface throughout', the job. It is recognized that some spalling will take place on these slopes, and for a period of a year or so, the rock fall and spalling %11411 no doubt present a significant maintenance problem on the roadway. Because of the extreme terrain conditions, the roadway has been kept to a minimum width, and there is not a suitable shoulder to receive the rock fall which-will occur after the first stages of grading. 1 In view of these adverse conditions, it is anticipated that you will do the basic excavation and allow it to go through the first winter to provide a eeneral time element for the slopes to clean themselves up and be allowed to r entral Coast laboratories SU,1,1IT HILLS DEVELOPMENT -2- December 11, 1980 season. At the time of my inspection of the cut banks, I did not see any condi- tions which appeared to be significant geologic hazards which would result in any massive landslides which would be of significant danger to the persons using the road. Some erosion and slope deterioration will most certainly occur in the area exhibiting the siltstone gravels and shales as mentioned earlier in these comments. It is anticipated that you will use either a grade-all or long reach backhoe to clean up .the slopes of all loose materials as they are brought down. The top of the cut should be bald off to minimize erosion of the overburden. In view of the large of amount' of rock which is being developed from the excavations, it is recommended that these rocks- be placed in the fill in a neat orderly manner by being spread out for a thickness of about a foot or so. Fine material should then be worked into the rock and the mass thoroughly compacted and watered. In those soils which can be tested for field density, it is recom- mended that field density tests be taken at intervals of not to exceed four to six feet on the deeper fills and approximately three feet in the shallower fills. The vibrating sheepsfoot roller which you have on the project appears to be adequate for the compaction of the on-site soils. Special care should be taken to thoroughly mix the soils with the proper moisture content before plac- ing them in the fill. All fills shall be thoroughly benched into the hillslopeso at the time of construction. It is felt that particular care should be taken in the compaction procedures insofar as the number of passes in ascertaining that the compactor tends "walk out" of the fill material before placing a subsequent lift. The objective of providing special care in the fill construction and being certain that the cut 'slopes are properly cleaned is to be in a position to request the County to possibly accept this as a County road in the future. As mentioned in our discussion, proper quality control must be maintained if this would be expected. As mentioned in our discussion in the field today, it is strongly sugges- ted that photographs be taken daily of the various construction stages for docu- mentation as to the procedures that were used during the earthwork construction. The laboratory should be contacted for compaction tests at the intervals men tioned herein and please feel free to contact this office in the event that any adverse conditions are encountered which would require our consultation and inspection. Respect submitted, 2rt E. illiams, Consulting Engineer Soil Mechanics and Foundations F.E" _jzk REGIS E D T RE GEOLOGIST R. T. WOOLEY ( (CALIF.NO. E. CONSULTING GEOLOGIST CERTIFIED ENGINEERING GEOLOGIST 1049 SUNSET DRIVE (CALIF.NO.EG 051) ARROYO GRANDE, CALIFORNIA 93420 (805) 489.1672 July 10, 1979 PROJECT: GEOLOGICAL RECONNAISSANCE OF LOT 94, ATASCADERO COLONY (PROPOSED HARTZELL SUBDIVISION) , ATASCADERO, CALIFORNIA. CC03916 PREPARED FOR: William Hartzell Th follow eing report has been prepared in order to provide site specific geology for a proposed subdivision on the site. It is based on a review of geological work previously published, both publically and privately, and field work to assess the impact .of geology on the local and specific plans that have been formulated to date. It will provide guidance for future design in order to fit the construction to the Site geology. SUMMARY THE PROJECT AREA IS ONE OF MODERATE TO HIGH RELIEF, UNDERLAIN BY GENERALLY STABLE, HIGHLY CONSOLIDATED BEDROCK AT A FEW FEET DEPTH. WATER APPEARS TO BE AVAILABLE FROM WELLS ALREADY DRILLED. LOTS PLANNED ARE LARGE AND EACH CONTAINS AT LEAST ONE EXCELLENT RESIDENCE SITE. THERE ARE NO SIGNIFICANT EARTHQUAKE OR FLOOD HAZARDS. A FEW MINOR . LANDSLIDES ARE PRESENT BUT ARE NO HAZARD TO THE PRESELECTED HOMESITES. EXCAVATION WILL BE MODERATELY DIFFICULT FOR ROADS, TRENCHES, AND HOME- SITES. COMPACTION WILL BE REQUIRED FOR ALL FILLS THAT ARE PLACED, OR EROSION LOSS WILL BE HIGH. i EXPLANA16 o 35 �Y . .1 .• o• ..��/f CENOZOIC .COVER ; Landslide material Devils � (e.g., serpentinite slide) �� %�/M ve Gov \ Tertiary rocks A� ,2 Monterey Fm.- siliceous shale, 6 T m t mudst, porcelonite (T m t ) Diabase sills, basalt flows (Tdb) -:Y••-�-: r, � - �,, C" Vy��,� Lower units (T) �'�► gg y �`` y ` r J Sespe(?)Fm. (circles), Vaqueros ooT�e� • o Fm. (dots), tuff (triangles) THRUST SHEET r Jb: Great Volley-type \` marine arkos�c `� y sandstone, conglom., mudstone Ku JKt J j1 - \ r= OCEANIC CRUST - MANTLE AND SEDIMENTS Serpentinite,- occupying fault gp # �b xzo .; >`—� S to Franciscan m6longe '� ,o ` ;, \ \ +� Franciscan melange; graywacke, Jch \ greenstone, chert, minor blueschist, "j ' ¢ W ao and serpentinite chaotically `) • disposed in matrix of sheared shote etc ->��// �' x,, •' .t ss/ _ '.. � at.:�- 35 JKt Contact---- ---- Strike a dip 15o (uncertain ,� ) - � A,e�Q Ef�CO Y Fault -- Thrust fault ,Tom Syncline ---------— B/I�I A219e/970 .o. Toro Fm: Knoxville-type marine 41 a shale, minor sandstone, conglom. JKt U J J San Fronc,sco ® U O , Chert - radiolarian • .,., N AREA QK OF MAP ^ 4- Basalt, - Y •SIE//I/�//�S Basalt' son Luis' - submarine flows, brecaas; Son 4 .t h J ;Y intruded by diverse dikes and sills Los O / Angeles G1?i`e••7-9-79 CC039��i i LOT 94, ATASCADERO COLONY -2- July 10, 1979 TOPOGRAPHY 'The site is !.5 miles west of the City of Atascadero, 10 miles inland from the Ocean. It lies astride the divide of the w-rthwest/southeast trending Santa Lucia Mountains, with peaks in the local area rising to heights of 2,500 feet. Rainfall averages 30 inches/year, generally re- stricted to the months of November through April . Climate is not extreme, with temperatures being moderated, both summer and winter, by the proximity to the Ocean. The property proposed for development is roughly rectangular in gross outline, measuring about 5,600 feet by 2,000 feet. The longer direction trends with the grain of the Santa Lucia mountains, (east-southeast/west- northwest) while the shorter direction is normal to California State High- way 41. The Highway parallels the northerly property line but lies several hundred yards north of the site. The 226 acre property is tentatively divided into 17 lots, none smaller than 10 acres, and none larger than 18 acres. A road system has been pioneered that permits access to all parcels except Lots 16 and 17, where the probability is that access will be from the southwest property corner when the Creek in this area is spanned by a entry road. Such entry will permit access to the lower parts of the Lots. All roads and grades were passable by two-wheel drive private automobiles at the time of reconnaissance except the short section of road between the homesite on Lot 13 to the homesite on Lot 14, which could not be driven due to a steeper ,grade and loose road base material . This road could be easily driven by any four-wheel drive equipment. The south trending road from the 1,999.0 foot peak on Lot 10 is too steep for wheeled vehicles. The lowest elevation on the site is at 1,250 feet at the creek area at the southwest property corner, and the highest is at 2,300 feet at the southeast corner. That gives a distorted picture since the low point reflects a canyon that cuts across the spine of the high ground. The -gen- eral terrain can better be typified as lower portions of the property extending across the north side of the site with the ground generally rising to the south toward Frog Pond Mountain. The ridge line parallels the south property line but falls inside the site by several hundred feet. Lots along the ridge can offer locally unobstructed views both northeast toward Atascadero and southwest toward Morro Bay. l LOT 94, ATASCADERO COLONY -3- July 10, 1979 The canyon drainages are i - y g basically dry, and run north south, carrying the rainfall downslope away from the ridge line. Most of the canyon sides are not deeply incised, nor are there many slides or other indications of instability present. A traverse east-west across the site would be gen- erally possible but would require crossing numerous drainages, while a north-south traverse would generally be on an even 4:1 slope '(4 units hori- zontal for each one unit vertically) , either up or down. Two of the canyons on the east side of the property have active springs, while two others have indications (seeps and water-loving plants) of periodic surfacing water. The property has abundant grasses and trees (manzanita, madrone, oaks of various types, and minor other varieties). GEOLOGY GENERAL The site generally lies on the northern limb of a faulted syncline. The bedrock, generally exposed or near surface, is of various facies of the Franciscan formation (melange-) , mafic volcanic rocks, ultra-basic rocks, and part of the Toro shale. The time frame of these units range from upper Jurassic to Cretaceous. Tectonically, parts of the bedrock are mantle rock, uplifted by plate interaction. Seismically, the property is in an inactive area, though on-trend southeast of the Sur-Nacimi ento fault which is known in Monterey County. ROCK/SOIL UNITS Exposed bedrock-'is estimated to comprise -less than :10 .percent -of the property, with the bulk of the exposures being in recent road cuts, in the volcanic portions of Lots 16 and 17, and the remainder being resis- tant, rounded, monoliths ranging in size from several feet to football field size. Soils are thin elsewhere over-the rock units., averaging one to three 'feet deep., _except i n' the areas :of:l andsl i di ng••or ea'rth .creep.• 'rive dis- crete rock units were separately mapped on the property, each having recognizable boundaries that can be traced in the field. FRANCISCAN FORMATION Melange. This element of the formation consists generally of resis- tant blocks, slabs, and pieces of sedimentary and igneous rocks in a matrix of dark shale; however, in the mapped area, the unit is represented largely LOT 94, ATASCADERO COLONY -4- July 10, 1979 by a meta-graywacke which is clearly Franciscan formation, grading northward to a shale and sandstone facies immediately north of the Hartzell property which is certainly Toro shale. The boundary with the Toro shale -is masked by the similar weathering characteristics of the two units, and it was considered unnecessary to separate them for this report due to their engi- neering properties being similar. The rocks are typically a massive dark greenish to bluish (where unweathered) lithic graywacke with irregular veins of quartz and calcite. The exposed rocks weather to a tan or gray brown. The graywacke sandstones are altered near the serpentine boundary, but assume more conventional physical characteristics to the northward. Interbedded with the sandstones, and increasing in proportion northward, are dark shales, of varying hardness. The sandstone fraction is more com- petent than the shale and, therefore, stability can be expected to degrade toward the northern boundary. However, since shale interbeds are not com- mon on most of the thin strip of Franciscan on the Site, general stability of this unit is ,good. Ultramafic-Mafic. This unit, underlying a central band across the property, consists of serpentinite and intrusive bodies of altered diabase and related rocks. The exposed serpentinite can be categorized into two types; a greenish, blocky, massive serpentine and a sheared, fractured unit, frequently altered to talc-rich products along boundaries. The sheared unit weathers to .a lighter color and is richer in clays, therefore, the derived soil has less shear strength and is more prone to instability than the blocky serpentine soils. Dikes of hard, dense, greenish to gray diabase cut the serpentinite. The dikes are up to tens of feet in thickness and generally trend to the north-south. The lower contact of this unit is a fault that has thrust the older serpentine up over the melange. The upper contact of serpentinite with the volcanic facies is believed by Hart (1976, p. 12) to be normally deposi- tional or intrusive, however, not enough evidence was found during this investigation to convince me that the contact is other than a fault as it clearly is in most other similar circumstances along the range. Mafic Volcanic. The volcanic series lies strati ra hicall above 9 P y Serpentinite and: below the formational contact with the chert and- Toro I LOT 94, ATASCADERO COLONY -5 July 10, 1979 shale. Observed types of rocks in this unit include diabase, basalt, tuff, and greenstone. 'This unit, when found in sequence with the underlying ultra- mafic rocks, is considered to be former oceanic crust (ophiolites) . A highly siliceous unit lies between the greenstone volcanics and the Toro shale on the west side of the property. This unit, separately mapped, is exposed at the surface over much of the area. Its brittle nature has resulted in erosional angular fragments up to fist size,. accumulating on the slopes between outcrops. This material does not weather to clays and is suitable for road armor. 3I Toro shale. As previously discussed in the Melange descriptive section, the Toro shale is in fault contact with the Melange facies of the Francis- can formation. The contact was .not observed in surface exposures, and the engineering similarities of the two units locally make the exact location a matter of academic interest only. STRUCTURE The Site lies on the northeastern limb of a syncline (a down warping of the rock units) which has been extensively faulted. The syncline follows the trend of the Mountain Range. Moving from the southwestern boundary toward the northeastern property line, the stratigraphic sequence of rock units is not regular, due to fault- ing. The sequence, on the proper time scale is: Time Unit Lower Cretaceous Toro shale Mafic Volcanics Franciscan Formation Upper Jurassic (melange-) Serpentinites/Dikes r The out-of-sequence progression across the Site is caused by movement along faults (breaks in the rock unit with subsequent movement). All contacts between differing rock units are poorly exposed and are commonly areas of deepest soil cover, an expected condition if the rocks have been ground-up along faults. In my opinion, based on field strati- graphic and structural evidence, and relationships from off-site areas, all contacts are faults. i LOT 94, ATASCADERO COLONY -6- July 10, 1979 The ancient, inactive faults of the site generally are oriented with the Santa Lucia Mountaihs. • This northwest/southeast trend is similar to a zone of fault segments both -north and south 'of.the property, which geologists have mapped as: the 'Nacimiento Fault. In the area of the -property, however, - the relation- ships are- not so clear and as -expressed by Hart, . . .the "Nacimiento" fault zone is not a single master break of specific age, but rather a complexity of branching and discon- tinuous faults of diverse orientations, movements , and ages. Therefore, the term "Nacimiento" is used in a modified way here- in to identify this poorly defined fault zone of probable multi- ple origin. (Hart, 1976, p. 36) The 1975 State of California map emphasizes the more significant Quaternary Rinconada Fault which lies eight miles east of the property. This fault also, appears •to..be .inactive with only a possibility of recent acti- vity at a point three miles east of Atascadero where a trench-like feature was found in the alluvium. (Dibblee, 1976, p. 21) The closest active faults are the San Andreas Fault, 32 miles to the northwest; _and, the Hosgri-San Simeon Fault, 16 miles southeast. Seismi- city of the area is low. Onlyone significant earthquake f ' 9 q o interest has been locally generated on a fault system other than the San Andreas. A Magnitude 6.0 event in 1952 was recorded with a epicenter 32 miles north- west of the Site. At that time, the activity was attributed to the Naci- miento Fault, however, subsequent information on the Hosgri-San Simeon System lends weight to assigning that activity to the offshore fault. The Hosgri-San Simeon is known from recent seismic studies and has probably had Pleistocene (and possibly has had Holocene) movement sufficient to off- set the seafloor. A maximum credible earthquake would probably be of Mag- nitude 7.0 or less. Available evidence suggests that activity on the Hosgri-San Simeon Fault (and/or the Nacimiento Fault) is less a hazard to the Site than is the more distant San Andreas Fault, which must be considered capable of a M.8.5 event. In accordance with the Seismic Safety Element, San Luis Obispo County General Plan (Envicom, 1974) , such .an earthquake would have an acceleration of 0.078 within the Franciscan formations bedrock beneath the site, with a ' predominant period of 0.2-0.4 seconds and a duration of strong shaking of 30 to 40 seconds. LOT 94, ATASCADERO COLONY -7- July 10, 1979 Hazards from the maximum credible earth uake would q be in the low to low-moderate shaking. Such an event could cause some local sloughing of any deep soil profiles on slopes in excess of 30 degrees. Liquefaction will not be a problem due to the generally shallow soil over the bedrock. GROUND/SURFACE WATER Groundwater levels were not investigated as a part of this report. Two wells have been drilled and cased. Their locations are as shown on the map of the proposed project. Both of the wells bottomed in the Serpen- tinite and are reported to be good producers (70-150 gpm) by the owner. Surface water shows are numerous, ranging from a spring flowing at 1-2 gpm to seeps that support grasses with high water requirements but with no surface show. All of' the evidence indicates that all generated surface water is issuing from the Serpentinite and predominately from locations above the Serpentinite/Franciscan melange contact. Drainage, in all except very local areas, is from the slopes along the central ridge, south and north from the ridge line. The divide of the Santa Lucia Mountains occurs on the Site, with 1/2 of the drainage waters flowing toward Atascadero and 1/2 flowing southerly toward "Morro Bay. ENGINEERING/DESIGN CONSIDERATIONS The natural materials that comprise the Site can be anticipated to react to construction disruption and its consequences in predictable ways. Within each of the separately- mapped areas, however, inclusions. of different material in the form of dikes and sedimentary layers complicate a predic- tion of work requirements. The following general information based on reconnaissance geology is presented as a preliminary input with the expec- tation of modification and refinement as soil testing, construction grading, and design requirements either require change or add further information. Stability. With the bedrock at a shallow depth, seismicity generially low, a generally sandy soil profile, and an abundance of trees and brush, the stability can be considered to be good. One large landslide which originated near the Volcanic/serpentine contact on the north-northwest side of the Project probably occurred due to a general weakening of the soil near surface rock units along or near the trend of a fault which brought the Toro shale against the volcanics in this area. Other smaller areas of lLOT 94, ATASCADERO COLONY -8 July 10, 1979 soil instability were found in areas where steep slopes and poor drainage- combined to produce indications of downslope soil movement. Specific stability within the Franciscan melange/Toro shale is variable. Where the melange or Toro contains greenstone boulders or sandstone beds, the stability is excellent, but is less so in areas of the shales which pro- vide the interbeds and crushed zones. In these areas, the weaker shales have eroded at a faster rate due to more rapid chemical decay and less resistance to physical displacement. The result is lower, more rounded hills in natural areas, a more rapid sloughing of cut slopes, and a more clayey soil wherechemical weathering is allowed to proceed. tine of boul- der outcrops are common in the melange, especially along the contacts. Slides are usually common in the shale interbed areas, however, the area of melange is small and slopes have been brought` to stability by natural forces. No building sites are planned on areas underlain by melange ' rocks. The serpentinite slopes are variable, dependent upon the condition of the bedrock. The serpentinite is predominately sheared and broken, with chlorite weathering products; however, in a few areas it is blocky with greater stability. The Serpentinite slopes are not usually subject to lands.lide, but are prone to erosion and downslope movement of rock pro- ducts. The dikes of volcanic material that pervade the Serpentinites are a usually harder and more resistant to chemical and physical decay, and therefore, are more stable; these harder areas form some,of the ridges and i knobs .chosen., for building ,sites. The massive volcanics that form the ridge line of Frog Pond Mountain are the most stable and competent of the rocks on the project. The dikes range from excellent to poor in erosion resistance. The fine grain diabase is hard, while the coarse quartz rock is friable. The dikes do not con- stitute enough of the total bedrock to require special attention. 1 The soils are generally thin and range from a sand with some clay to a clay sand in the surface zone. It is estimated that the soils are slightly to moderately expansive. Some downslope movement of soil should be expected; where the terrain has allowed thicker pockets of soil to collect in depressions, if the slope is steepened or opened.by construc- tion. 't LOT 94, ATASCADERO COLONY -9- July 10, 1979 I In general , it is my opinion that rock slopes should be cut no steeper than 1:1 (one horizontal to one vertical), and soil slopes no steeper than 2:1. All materials cut from the slopes and used as fill material on roads and structure pads should be compacted. Due to the diversity of materials, and its physical mode (fracturing, jointing, attitude, etc. ) talus can be expected to collect on roads below steep 4 P cut slopes in many areas until the slopes stabilize. No incipient land- slide or earth instability hazards were noted except in the uncompacted fill of the pioneer roads, around the edges of the proposed homesites where cut materials have been drifted off the cut surface, and on canyon sides where sloughing due to oversteepening has randomly occurred. No instability of a recent nature was found. Drainage. Flooding is not a problem.at the Site due to the natural slopes. Drainage, however, will be a large problem for the same reasons. The steep slopes and relatively large drainage area will result in high runoff rates during periods of rainfall . The soils/rock that have been removed during cut operations and used as fill will be very vulnerable to erosion unless they are compacted to suitable density as determined by a soils engineer. Many areas, where the road hairpins into a canyon, or in saddles, will require suitable drainage structures to prevent washout of the road. If erosion is allowed to proceed unchecked, the rebuilding factor will be expensive, and the downslope scarring and material depo- sition will be environmentally unsuitable. All roads and structure pads will require design of a nonerosive channelization system which will span the time from pioneer cut to paving/compaction. EQUIPMENT REQUIREMENTS On-site materials will range from very dense in the diabase dikes to soft in weathered shales. A D-8 or equivalent should be able to move the rock materials for. roads and pads, except in the very hard, unfractured volcanic dikes and the Franciscan greenstone boulders where a ripper might be required. Underground trenches for utilities will need a test program to determine requirements. In my opinion, many of the trenches will be difficult to excavate with a backhoe. Most slopes are negotiable with two wheel drive pick-up, and dump trucks could be used on the pioneer roads if silt/sand- build-up is kept clear. i LOT 94, ATASCADERO COLONY -10- July 10, 1979 Material Requirements. Material removed by grading will be useable for most fill operations. Breakout of rock will result in a wide range of particles, from 'silt size to fist-size. Most of the detritus will break down under compaction to sizes that can be densified by ordinary compaction methods without voids. An exception to this will be the greenstone boulders, and, possibly some of the volcanics. Grading products should be compacted as soon as removed from the natural material to prevent development of a high moisture content from any rain which will make compaction difficult, and result in a loss of shear strength. Construction water will be required to properly densify the fills. Utility trenches will require bedding material in almost all areas since trench bottoms will usually be on natural rock. Padding will also be required to shield the piping from the sharp edges of excavated material used as fill during compaction. No on-site material suitable for bedding/ padding was found during this reconnaissance. Homesites. Each proposed Lot was inspected during field work and each contains areas where residences can be sited that are free of local geologic hazards.. Spread footings as a foundation system are generally feasible and can be founded on bedrock, however, foundations should be separately. designed by a competent architect/engineer. The homesites on Lots 1 through 9and Lot 12, selected by the developer, have been rough graded and expose bedrock at a shallow depth; and I would expect similar conditions to pertain at the undeveloped sites. Sewage disposal systems will require separate study. It is my pre- sent opinion that a leach line disposal system will not be satisfactory due to the shallow bedrock. Homesite selection, other than those indicated on the geologic map, ' should be separately approved by an engineering geologist/soil engineer in order to avoid areas of incipient instability. ' Water. Two wells have been drilled e and cased for use in the project, one on Lot 2 and one on Lot 10. Pumps are not installed and well capaci- ties were not available. Water from sources ranging from seeps to 4-5 gallons per minute springs occur in the serpentine near the contact with the lower melange. 1 i n x ` LOT 94, ATASCADERO COLONY -11- July 10, 1979 CONCLUSIONS None of the geological hazards that will impact the Site are severe enough, in my opinion, to prevent the proposed development. The Francis- can formation, usually prone to instability, is unusually stable in this j area, probably due to the .presence of a large fraction of sandstone. The i structural position also contributes to its stability. The proposed large acreage parcels forsingleresidences will result in minimal grading for roads and structure pads; however, the Project's slopes will require compaction of fill material and strict drainage con- trol . Homesites can be sited on stable bedrock, but the sewage systems will probably require special design. Respectfully submitted, CENTRAL COAST LABORATORIES R.T. Wooley Calif. Eng. Geol . 451 RTW:jak a LOT 94, ATASCADERO COLONY July 10, 1979 BIBLIOGRAPHY California Division of Mines and Geology, 1959. Geologic Map of Cal.ifornia, San Luis Obispo Sheet, (1:250,000). Dibblee, T.W. , 1972. The Rinconada Fault in the Southern Coast Ranges, California, and Their Tectonic Significance; U.S,G.S. Professional Paper 981. Envicom, 1974. Seismic SafetyElement, San Luis Obispo County. Hart, E.W. 1976. Basic Geology of the Santa Margarita Area, 'San Luis Obispo County, California: California Division of Mines and Geology, Bulletin 199. Hart, E.W., 1977. K-Feldspar in upper Mesozoic sandstone units near Atas- cadero, Santa Lucia Range, California: California Division of Mines and Geology, Special Report No. 128. Jennings, Charles 'W. , 1975. Fault Map of California, California Division of Mines and Geology, Geologic Data Map No. 1. Silver, Eli A. and Normark, William R. (editors), 1978. San Gregorio Hosgri Fault Zone, California: California Division of Mines and Geology. Special Report No. 137. `�IFIC GEOSCIENCE, I Geotechnical Rcsearch and Engineering Materials Testing Laboratory 396 BUCKLEY RD. 805)544-3276 SAN LUIS OBISPO,CA 93401 December 7, 1982 Mr. Bill Hartzell Route 2, Box 201 Templeton, CA 93465 Subject: Examination of Building Sites at Summit Hills, A Subdivision of Parcel 94, Atascadero Colony, City of Atascadero, CA G463 Dear Mr. Hartzell : Attached is a copy of a feasibility report on the subject parcel , pre- pared by this office at the request of Mr. Bob Williams. The report, intended as a general evaluation of the feasibility of access, construction, and sewage disposal capability, has been reviewed and approved by Mr. Williams. The data developed to date may be sufficient to warrent application for a negative declaration with respect to further study of potental environmental impact. If, after reviewing our findings to date, you have any questions or feel addi- tional investigation is necessary, please do not hesistate to call . Yours truly, PACIFIC GEOSCIENCE, INC. J. ims. R.C.E. 33,563 JMS:dj P ;IFIC GEOSCIENCE, Ii Geotechnical Research and Engineering Materials Testing Laboratory 396 BUCKLEY RD. 805)544-3216 SAN LUIS OBISPO,CA 93401 December 6, 1982 Mr. Bill Hartzell Route 2, Box 201 Templeton, CA 93465 SUBJECT: EXAMINATION OF BUILDING SITES AT SUMMIT HILLS , A SUBDIVISION OF PARCEL 94, ATASCADERO COLONY, CITY OF ATASCADERO, CA. G463. The subject parcel was visited on December 2, 1982, and December 3, 1982 to evaluate the feasibility of construction on the proposed sites, including access development and sewage disposal capability. The sites were evaluated individually, though the roads were not passable at the time of the evalua- tion due to downed trees from the recent storm. The proposed subdivision consists of nineteen lots ranging in size from 10.0 acres to 22.5 acres. The area of Parcel 94 is 228.25 acres. The area is one of relatively rugged hills ranging in elevation, within the subdivision, from 1250 to 2315. In general', the lots have been laid out to include a ridge, shoulder, or knoll on each lot. The presence of each of these topographic features is, in this case., an indication of resistant, less erodable rock than is found nearby. Rock found on the site includes shale, sandstone, serpentinite and highly metamorphosed volcanic rock. These rocks are generally highly weath- ered and fractured with more massive rock forming the ridges. Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, and 19 have the ,build- ing areas actually located on rock outcrops. These sites can provide ideal foundation conditions, though design and construction methods will have to be J�_ CIFIC G EOSCIENCE, I 1C. SUMMIT HILLS, G463 -2- December 6, 1982 adapted to the rocky conditions. The portions of the outcrops observed have sufficient fracturing, though they are not as fractured as the surrounding area, to allow excavation by heavy equipment. The foundation types most suitable will be drilled and cast piles in highly fractured rock, column footing pads tied to massive rock, or in areas level enough a continuous footing and stemwall also tied into the rock. Lots 3, 12, 13, 17, and 18 do not have large outcrops where the build- ing sites are indicated, but it is apparent from nearby roadcuts that rock will be encountered at depths of 2-6 feet. The slopes common to these sites will necessitate the use of either deep cuts to obtain level pads, or sus- pended floor and column systems. In either case, foundations will bear in rock and be just as stable as conventional foundations if properly engineered. Substantial retaining walls will have to be engineered for sites where deep cuts are chosen. Higher than normal retained earth pressures can be expected due to the steep backslopes. Access to the building sites will generally follow the ridges upon which most of the sites are located. Again due to the presence of rock at shallow depths, these roadways will be quite stable. Some of the driveways, notably on Lots 3, 13, 14 and 17 will cut across slopes. Due to the diffi- culty of placing fill securely on the steep downslope sides of the roadway, it is recommended that the roads be placed as much as possible in cuts and that the excavated material be disposed of elsewhere. The upslope sides of the roads, the cut slopes can be cut steeply in the rock materials. Caution must be exercised where springs or seeps are encountered in the cuts, as the continuous presence of water can destabilize an otherwise stable area. An P rIFIC GEOSCIENCE I SUMMIT HLLLS, G463 -3- December 6, 1982 engineer shall be consulted as to the installation of drains where springs intercept any of the development improvements, including roads, building pads, or utility trenches. Another item of concern on developments with large areas of steep slopes is the feasibility of on-site sewage disposal . The occurrence of rock out- crops makes a portion of almost every site unusable for leachfield disposal . Each site, however, is a minimum of ten acres and areas of deeper soil and highly fractured rock were found on each lot. Due to the lack of final plans, percolation tests were not performed on each lot. Instead, areas represent- ing four of the most common soil profiles found on the project were tested in an attempt to establish design criteria that could be applied to each site once a corresponding profile was located. The profiles and percolation rates are as follows: ' 1) Stiff'' brown silty clay with a high percentage of shale gravels grading into highly fractured shale at a depth around 6 feet (30 minutes/inch) 2) Stiff brown sandy clay with angular sandstone gravels overlying highly weathered sandstone (35 minutes/inch) 3) Stiff'; green-brown sandy clay with abundant serpentinite gravels and cobbles grading into very highly fractured serpentinite (20 min- utes/inch) 4) Stiff red-brown sandy clay overlying highly weathered and fractured metavolcanic rock (20 minutes/inch) I It should'; be noted that these tests were made two days after heavy rains and the rates are still acceptable. The good percolation rates are T r`IFIC GEOSCIENCE, I SUMMIT HILLS, G463 -4- December 6, 1982 due primarily to the fractured rock that is encountered at normal leach trench depths over most of the area. Due to the fact that all the leach trenches will be located on hillsides and the disposal areas should be carefully selected, each leachfield should be separately engineered. To prevent con- centrations of water, more trench area and wider trench separation than would be indicated by the percolation rates might be required. In summary, it does not appear that there are any insurmountable prob- lems in developing Parcel 94. Of course, some engineering beyond the usual will be required due to the steep slopes, but each of the sites has at least one secure building area and on-site sewage disposal quite appropriate. This evaluation addresses a plan provided by the developer and titled "Tentative Tract Map No. 1083." If there are any questions or if there are specific areas requiring more detailed evaluation, please call at your convenience. _ i Yours truly, PACIFIC GEOSCIENCE, INC. J. . Sims, RCE n33,563 JMS:jc t W. . PlIFIC GEOSCIENCE, ll Geotechnical Research and Engineering Materials Testing Laboratory 396 BUCKLEY B.D.(805)544-3276 SAN LUIS OBISPO,CA 93401 January 4, 1983 Mr. Larry Stevens Planning Director City of Atascadero Atascadero CA 93423 SUBJECT: Addendum to Feasibility Report for the Summit Hills Subdivision G42 463. Dear Mr, Stevens. At the request of Mr. Rob Strong. the December 6, 1982 Feasibility Report for the Summit Hills Subdivision has been reviewed It is my under- standing that interest has been expressed in developing mitigation measures for some of the situations discussed in the December 6 report In general , the parcel is a stable area with no major geologic hazards and -is character- ized by a sedimentary and volcanic bedrock base that will provide excellent foundation support for the proposed residences. As design criteria cannot be supplied without specific plans, however, it is recommended that each lot be evaluated individually as plans are developed_ There are some situations that can be addressed in a general sense. The following is a list of measures that are considered good general practice when developing hillside property such as that at the Summit Hills site. Erosion Control : With the steep slopes that exist at the site, surface soils can become very vulnerable to erosion when stripped of vegetation. It is recommended that any soils disturbed during construction be revegetated or oth.erwise stabilized following construction Drainage from impervious sur- ACIFIC GEOSCIENCE ' ._?C. Summit Hills, G42-463 -2- January 4. 1983 faces, roof gutters, etc. , shall be directed away from foundations and fills and discharged in a non-erosive manner. Water Seepage: If any evidence of water seepage is observed during con- struction, the soils engineer shall be consulted Evidence of water seepage would include damp soils, a change in vegetation, consistantly wet condi- tions or free-flowing water. Retaining Walls: Any cuts that will require retaining walls over four feet in height shall be examined by the soils engineer to ensure that no fault con- tacts or other zones of potential failure are present. To prevent a build-up of water, walls shall be drained with perforated pipes placed at the top of the footings with perforations facing downward The pipe shall be surrounded with a permeable material such as floatrock. 3/4 x #4 gravel or river run. and shall discharge in a non-erosive manner away from foundations, Leachfields_ As leachfield criteria will depend upon the design and loca- tion of the residence, each lot will require individual evaluation It is recommended that a boring be performed in each planned leachfield area to determine the profile of the on-site material . Leachfields constructed on slopes exceeding 10% shall be designed by a Registered Civil Engineer. The foregoing is based on the subdivision of Parcel 94 into nineteen I lots. as indicated on the plan titled "Tentative Tract Map No. 1083." If sig- nificant changes in the scope or orientation of the project become necessary. NCIFIC GEOSCIENCE, Summit Hills G42-463 -3- January 4, 1983 the potential for hazard may be affected and the soils engineer shall be noti fied If you have any questions or require additional services. please call this office at your convenience. Thank you for this opportunity to have been of service. Yours truly, PACIFIC GEOSCIENCE, INC. JAM /L Sims. RC 33-563 JMS/MB:j c cc: Bill Hartzell Rob Strong Charles Ogle 7. APPRAISAL INCORPORATED December 28,1982 Mr. C.E. Ogle P.O. Box 720 Morro Bay, CA 93442 Dear Mr. Ogle, In response to your request I have estimated the market value of the property known as Summit Hills, tentative Tract 1083, and a number of Atascadero Colony lots of your ownership. It is my understanding that the purpose of this appraisal is to provide an estimate of the value of these lots most probably carried on the tax roll if these lots were sold. It is understood that a broad estimate of the value is desired rather than a detailed value for each and every individual lot. The value estimated is also on the assumption that access roads and utilities as planned are in place. In addition a value estimate of the most probable improvements to be placed on these lots at current construction costs has been requested. These estimates assume that there will be restrictions on the quality and size of dwellings permitted in the development. In effect the value as reported is as though the area was built out . today. This is not totally realistic as both land value and con- struction costs are rising. Thus the value added to the tax roll will eventually exceed the value reported as the area is built out. It is my understanding that paved access roads to the individual lots will be provided. Water will be supplied from a district water company. Sewage disposal will be by individual septic systems. Telephone and electrical service will be provided. The value of properties in the Atascadero area is, for practical purposes, based on the sale of a building site. The size of lot in the range of one to ten acres has only a small effect on price. The accessibility, the ease of construction, view, and neighborhood are more significant factors affecting price. Based on the current market, it is my opinion that average value of the 37 building sites is $60,000 per site or a total of $2,220,000. Prices of individual lots would range from $40 ,000 to $75,000. This value is for the land only. The second consideration is the type of improvement most apt to be constructed on these lots. Similar areas that are now developed in Atascadero lead me to the opinion that the most probable size of Post Office Box 971 •San Luis Obispo, Califomia 93406 •Telephone: (805) 543-6218 2. house would be at least 1800 square feet with a two car garage. In addition, some outbuildings and fencing is common. Based • on current construction costs, the value of the dwelling and garage would amount to $96,000 . When other improvements are included, the most probable average total cost today would amount to a conservative $100,000. Thus the total value of the improvements on the 37 lots would amount to $3,700,000 to be added to the tax roll. If detailed comparable sales and construction cost data are desired, these will be supplied on request. I certify that I have no present nor contemplated interest in the property appraised and that my fee is not contingent in any way on the amount of value found. Respectfully, C .W. Vrooman, Ph.D. ,A.S.A. APPRAISAL by C. W . VROOMAN Ataseadero Mutual Water Company P. O. BOX 79� ��,�1.!� ���� � `��� _ TELEPHONE (805) 466-2428 ATASCADERO, CALIFORNIA 93422 January 7, 1983 To Whom it May Concern: The owners of the proposed Summit Hills Subdivision have been working jointly with the Atascadero Mutual Water Company in the installation of their water mains and fire hydrants. The water mains and fire hydrants have been installed to meet Atascadero Mutual Water Company specifications, and therefore exceed the specifications that the County imposed upon them. The Summit Hills Subdivision has its own well and tank which were built to State standards. As soon as the City of Atascadero finalizes the realignment of Los Altos Road in 3-F Meadows, water mains will be installed across Highway 41 and be tied into our existing system in 3-F Meadows. The Atascadero Mutual Water Company--has already installed the necessary pumping equipment to supply the Summit Hills Subdivision, should their well fail. It is understood that upon completion of the water system within the Summit Hills Subdivision it will become an integral part of our water system. Sincerely your C Elwood C. Peterson Superintendent ECP/pm 0`11 Summit Hills Annexation & Subdivision Cost-Revenue Extended Initial Studies PROJECT DESCRIPTION Current Market Value and Population: There are seven separate assessor's parcels involving four different owners within the 359 acres proposed for annexation. Current assessed value of these properties totals $298,647 according to the 1982-83 equalized tax rolls, composed of land only since no improvements exist on any of the parcels.1 No population presently resides within the proposed annexation. Therefore, for comparison purposes, these initial studies utilize 1982-83 as a "base year"; the current value of land and improvements is approximately $300,000 and the population is zero prior to annexation and subdivision. Proposed Development The Summit Hills annexation contains 22 existing Atascadero Colony lots and a proposed subdivision involving 19 additional lots, each of which is expected to be developed as a separate custom single-family residential homesite. Existing lot sizes vary from less than one to larger than 10 acres, while the proposed subdivision involves lots of 10 to 20 acres in size. Although some adjoining lots might be combined to create larger parcels, others may be split: It is anticipated that the probable development would be 41 single-family detached dwellings, each on a lot typically containing from 5 to 20 acres.2 Road, water and utility improvements which will facilitate residential construction on individual lots are :currently being completed, and the annexation would facilitate proposed subdivision and further development. Projected Market Value and Population: According to Appraisal, Inc. , a professional real estate appraisal firm, the estimated average 1983 market value of the existing and proposed lots would be $60,000, assuming completion of road, water system, and utility improvements currently being provided or involved in proposed subdivision. Each of th6 potential 41 lots would eventually accommodate a custom. single-family detached residence which would have an estimated additional average market value of $100,000 for house, ''garage and related improvements. Thus the projected market value of the Summit ,Hills development is $6,560,000 for land and improvements when all_ the homes are completed.3 Assuming that each of the 41 homes would have a mean household population of 2.74 persons, typical of the Atascadero average based on census figures, the total project population would be about 112 people when fully developed.4 The interim impact until project completion would be proportional to the number of developed homesites, but for purposes of general comparision, these projections assume total development. ESTIMATED REVENUES Anticipated Property Tax Revenues Although each annexation proposal is separately negotiated between the County and City, the County has previously proposed that the average growth within all the tax rate areas in the City should be used to determine the additional property tax revenues which would be available to the City, exclusive of taxes allocated to the schools. The increased property tax revenue is primarily the result of development while the allocation between the City, County, and special districts other than schools is subject to mutual agreement. According to the County Administrative Office, schools accounted for slightly more than 51% of the total property tax in 1982-83, and the average growth of all tax rate areas within the City of Atascadero has been calculated at 12.96 percent.5 Utilizing the current and projected market values of land and improvements within the proposed annexation, the 1.15% average allowed tax pursuant to ,Proposition 13, and these recent factors for allocating property tax revenues to various jurisdictions, the results are as follows: Projected market value of land and improvements: $6,560,000 Excluding current assessed market values: - 300,000 Increased market value of proposed project: $6,260,000 Property tax at 1.15% of increased market value 6: $71,990 Amount allocated to schools @ 51 -36,715 Amount available to City @ 12.96% of remaining $35,995 = $ 4,665 Thus, the estimated City revenue from annual property taxes, assuming complete development and negotiated allocation of additional property taxes using factors similar to those outlined above, would be approximately $4,650 per year. 2 Other Anticipated Revenues In addition to property tax, several other sources of City revenue may be affected by annexation and development. Specifically, subventions from the State of California for .the City share of taxes such as motor vehicle in-lieu, cigarette, off-highway vehicle, gasoline, and SB 325 funds have accounted for $48.65 per capita in the current budget, according to City Finance Director Ralph Dowell. It should be noted that past State budget problems, particularly post Proposition 13, have already substantially reduced previous State subven- tions and that current or future problems could further reduce or eliminate these funds. Currently, however, the potential 112 person population contained in the annexation when fully developed represents an additional $5,450 per year in per capita State subventions.? Service charges, fine and fees such as zoning applications, parking fine, plan check and building permit fees, or recreation class charges could also be calculated to increase on a new household or pen capita basis. Generally, however, these sources of income are intended to cover all or most of the direct City cost incurred in providing the special service. Rather than calculate the income .and/or costs involved in providing these services, this study assumes that these revenues approximately equal direct costs. One major surce of local revenue related to population resulting from development is the sales tax. It can be argued, however, that the residential use involved in the proposed annexation would occur elsewhere in the City or the County without the project, or that the sales tax benefit would be available to the City even if the project were developed and remained in unincorporated territory. Since the project involves no commercial or industrial use, there are no significant economic or employment benefits which the City might achieve other than the short-term construction jobs and long-term service and maintenance activities associated with residential development. Summary of Anticipated'.,Revenues Considering the discussions outlined above, the two principal sources of local revenue generated by the annexation and development would be: 1) City share of property tax . . . . . . . . . . . . .. . .$4,650 2) City receipt of State subventions. . . .. . . . . . ..$5,450 Thus the estimated basic revenues to the City from the project would be approximately $10,100 additional income per year: The major costs of municipal services for the project must be evaluated to determine whether this revenue might be more or less than the costs. 3 APPARENT PROJECT COSTS Study Methodology and Scope The City of Atascadero has a very brief operational history to facilitate analysis by administrative personnel or special consultants. And since there have been no prior annexations completed and only one other, entirely different type of annexation proposal evaluated economically, there are no previous local studies to review. In fact, few other cities in the region nor the County of San Luis Obispo have conducted any cost-revenue studies which might be used for comparison or serve as a foundation for local evaluations. Therefore, this initial study relies upon qualitative judgements derived from interviews with involved public officials rather than quantitative analyses of service costs from previous studies. Acceptable vs. Affordable Levels of Service Interview with the City Finance Director Ralph Dowell provided data concerning the 1982-83 City of Atascadero municipal budget and number of personnel assigned to various departments. As observed by City Manager Murray Warden in the budget transmittal memorandum: "It should be noted that Atascadero already has the lowest ratio of employees per capita and the lowest ratio of cost per capita of any city in the County despite obvious differences in size both in terms of land area and in terms of population. This position has been purposely adopted because of the newness of the City and because of our different revenue picture. This cautious approach in budgeting recognized the necessity for anticipating revenue reductions while at the same time attempting to arrive at a level of service which the City could afford and which could begin to address the needs of the City. Given this set of circumstances, we now appear to be at a level of manning consistent with providing an acceptable level of service. Any cuts beyond reductions in capital expenditures would therefore have to be made in service levels, i.e. personnel and operations and maintenance costs."8 Primary Public Service Considerations Interview with Executive Director Paul Hood of the County Local Agency Formation Commission (LAFCo.) reveals that the primary public service considera- tions associated with the proposed annexation are police and fire protection. Recognizing that the Summit Hills development does not involve municipal water or sewer facilities and that the project proposes private roads, thus eliminating major public works maintenance costs otherwise associated with such hillside residential development, this initial study focuses upon police and fire service 4 costs. Other City departments such as planning and recreation are supported in part by user charges, and involve functions or services which are not directly proportional to population or area served. Similarly, general administration including manager, clerk, attorney, finance, and building and equipment main- tenance would remain substantially unchanged by relatively minor population or territorial annexations. Finally, a brief review of the City of Atascadero 1982-3 budget and the assignment of current personnel reveals that the police and fire departments in combination account for more than half of the almost 72 employees serving a City containing a January 1982 population of 17,373.9 Police Service Cost Concerns Interview with Police Chief Bud McHail identified no immediate or direct impact of the proposed annexation upon police service, but a cummulative concern that developments of this nature, particularly involving annexations of new territory, dilute the already limited resources of the department. Although such low density residential areas are not generally patrolled, any police problems such as burglary could divert available personnel from exisitng areas, and involve intensive investigation not compensated by service charges or estimated tax revenues. (Additionally the interview suggested several possible mitigation measures, outlined in the conclusion section of this study, which could be considered to reduce this apparent adverse cost consequence of cummulative annexations.) Basic examination of the 1982-3 City budget and interview findings verified that the 26 member police department required $934,500 for personnel, services and supplies from the total $3 million budgeted for City operations. The police 'services represent 31% of the City budget exclusive of capital outlay, and alone involve approximately $53.76 per capita to support the current level of service. Fire Protection Cost Concerns Interview with Fire Chief Mike Hicks identified similar cummulative impacts associated with annexations or such low-density residential developments in Atascadero, despite minor, individual affect. Describing the project as "typical of Atascadero," and in an area requiring City response, whether annexed o-� not, the Fire Chief commented that such development increases the already overextended service responsibilities of the department. Conversely, the project proposes water system improvements which would substantially benefit fire suppression to large areas of the City as well as the project itself. Particularly since the 5 project response time from the existing Lewis Avenue and Traffic Way fire station is more than 15 to 18 minutes distance, he recommended some special assessment or contribution toward the development and/or equipment needed to establish a future westside station. If located at San Gabriel Avenue and Highway 41 as suggested, this future fire station could assure less than 7 to 10 minute response to the project area and most of the City's westside. (The interview also defined several other mitigation measures, outlined in the conclusions section of this study, which should be considered to reduce cummulative fire protection cost consequences.) Basic evaluation of the 1982-3 City budget indicates that the 11 employees composing the nucleus of the fire department, which also relies upon trained volunteers for supplemental staffing, cost approximately $398,000 exclusive of capital outlay. This amount is about 13% of the total City budget for personnel, services and supplies, and on a per capita basis represents approximately $22.91 for existing fire department level of service, based on current expenditures and population. Emergency fire department response and capability are not currently compensated by service fees or user charges. Generally, it is apparent that emergency response service costs are minimal unless a major fire occurs, then very expensive in more difficult brush-covered, steep-sloped terrain, requiring air attack or heavy equipment for suppression. Capability for such fire fighting is required in the Atascadero area regardless of whether this annexation or development occurs, so the cost cannot be attributed directly to the added area or population. Conversely, each development increases the potential for fire and demand for fire protection services. FINDINGS AND CONCLUSIONS Primary Cost-Revenue Findings Although no direct costs for extending City police or fire services to the proposed annexation and development project have been identified in this initial study, the per capita expenses for these two primary public services are approximately $53.76 and $22.91 respectively. Combined and calculated for the 112 potential residents of the project area, this $76.67 per capita service cost is about $8,587 per year, based on the current level of service and City population. In comparison with the annual City revenues anticipated from the project when fully developed, approximately $10,100, it is apparent that these per capita costs represent approximately 850 of the projected revenue. If the 6 various additonal City departments or general administrative functions composing more than half the City budget, exclusive of capital outlay, are also considered on a per capita cost-revenue basis it is apparent that the project would not be economically beneficial to the City. This basic conclusion is not unique to this project nor is it surprising for residential development in general. Despite the shortage of fiscal studies to verify the cost-revenue impacts of various types and densities of development it is predictable that commercial and perhaps industrial uses produce more revenue than cost and residential uses (which house the consumers and employees) cost more to serve than .the revenues they produce. Mitigation Measures` Among the mitigation measures suggested during interviews with department heads or utilized for similar problems for residential projects in other com- munities ommunities in the region are the following: 1) To reduce use or increase efficiency of�'the City police force- a) Form neighborhood watch organization to alert police of possible crimes or suspicious activities. b) Require private security systems and services to assist ipolice with detection and investigation. c) Consider possible local service area assessments or annexation fees for supplemental financial support of existing police services or expansions such as additional personnel and equipment. 2) To reduce fire danger and increase efficiency of the City fire department - a) Require special fire resistant or retardant construction such as tile roofs or masonry exterior walls; enforce routine fire clearance weed and brush abatement; and/or require smoke alarms to assist in early fire detection. b) Require private fire suppression systems such as automatic sprinklers or contract personnel and equipment to service or assistpublic forces in the event of fire. c) Consider possible local service area assessments, and/or annexation fees for supplemental, financial support of existing fire department or require contributions to facilitate expansions such as new stations, equipment or additional personnel. 7 d) Consider deletion from proposed annexation the one lot (Proposed Lot 12 of Tentative Tract No. 1083) involving access from the unincorporated area west of the remainder of the project, and lacking proposed water system improve- ments facilitating fire suppression. Alternatives In consideration of alternatives to the proposed annexation and subdivision it is important to recognize that the existing conditions enable more than half of the potential development to occur under County jurisdiction. Thus the basic alternatives are: 1) No project - where the 22 existing lots and one unsubdivided parcel could each develop with a custom home outside the City. 2) Subdivision and development without annexation - where the 22 existing lots and 19 proposed lots would all be developed outside the City. 3) Annexation without subdivision or with fewer lots - where the 22 existing lots and unsubdivided parcel would develop inside the City or be resubdivided with fewer lots than proposed. 4) Annexation and development with more intensive residential use - where the properties would be annexed to the City and resubdivided with smaller lots or a planned unit development with higher density. Non-residential use would not be consistent with either the City or the County general plans while the above residential alternatives could be considered without plan change or rezoning. Cost-Revenue Comparison of Alternatives The revenues resultant from alternative 1. involving 23 homesites would be approximately half those generated by the 41 home development involved with Alternative 2, but without annexation, would be retained by the County. Under alternatives 1 or 2, the City would not be directly responsible for fire, police or other municipal services to the area nor would it receive any of the estimated revenues. As a practical matter, the County cannot serve residential development as efficiently or at the same level of service as provided by the City. The City does, however, by mutual aid agreement as well as to prevent the spread of fire from unincorporated areas into the City, respond to calls in their proximity. Thus without annexation the potential City costs for fire response would be experienced without the benefit of additional revenue. , 8 Development of alternative 3 would not substantially reduce City costs for police or fire service but would result in about half the estimated revenue, as a result of lower density. While alternative 4 would presumably increase the revenue resultant from higher density improvements, it might also escalate service costs for the additional population depending on design. Only if substantially higher residential densities than allowed by current plans were considered is it likely that the basic cost-revenue findings of this study would be significantly changed. Conclusion Without previous City or County cost-revenue studies to provide comparison or persepctive to individual project evaluations, the results of this initial study are qualitative rather than quantitative. Individually, the project does not appear significantly beneficial or adverse to the City from a cost-revenue standpoint, but cummulatively such residential development, viewed in isolation, may have substantial adverse affects. Until more comprehensive economic infor- mation and analysis is available from the City and County concerning actual costs and indirect benefits of various types of development, it is unlikely that a more extensive study of the project itself will provide more meaningful cost-revenue figures facilitating evaluation of planning alternatives. Notes 1. 1982-3 County Assessor's records provided the following individual parcel information within the project area: ' Improvement APN Land Value Value Total 51-351-03 $ 40,326 0 $ 40,326 -04 15,161 0 15,161 51-361-01 109,304 0 109,304 51-371-01 73,223 0 73,223 -02 1,895 0 1,895 51-381-01 1,516 0 - 1,516 -02 57,222 0 57,222 Entire Project Area $298,647 0 $298,647 J 2. Refer to Annexation, Prezoning and Tentative Tract Map Applications on file with City of Atascadero Planning Department for more extensive project description and details of proposed development. 9 3. Refer to technical letter from Appraisal, Inc. defining comparable sales and assumptions involved for projecting market value of proposed land and improvements. 4. Household population and City population figures obtained from State Department of Finance estimates of January 1982 and 1980 federal census data provided by City Planning Department. S. Formula for school portion of tax revenues and method of calculating City share for new annexations obtained from Ms. Kerry Harms, County. Administrative Office. 6. Property tax pursuant to Proposition 13 limited to 1% of market value exclusive of .bonded indebtedness. Average tax factor obtained from Mr. Dick Frank, County Assessor. 7. State subventions per capita and discussion reflects data and concerns obtained from Mr. Ralph Dowell, City Finance Director. 8. Quotation from page ii of 1982-83 Proposed Budget Memorandum to the City Council from City Manager Murray Warden, dated June 22, 1982. 9. Number of employees in each department provided by Mr. Ralph Dowell, City Finance Director. Population estimate obtained from City Planning Department. This report was prepared by Robert Strong, principal planner of the Planning Mill, One Buena Vista, San Luis Obispo, CA 93401, with general assistance from David Strong, economic consultant, of Strong Associates, 240 41st Street, Oakland, CA 94611. Brief resumes and references attached. 10 Do CENTRAL COAST ENGINEERING 396 Buckley Road San Luis Obispo December 29, 1982 California 93401 E798 Rob Strong One Buena Vista San Luis Obispo CA 93401 Subject: Summit Hills - Response to Portion of Atascadero Planninq Department Letter Dated November 11 , 1982 "Traffic Access and Circulation, Part- icularly Emergency Vehicles" . Dear Rob, A review of the construction plans for Highway 41 indicated that the existing minimum sight distance on Highway 41 is adequate for a design speed of 65-70 miles-per-hour traffic. A visual check in the field verified that the exist- ing conditions are generally as designed. I spoke with Chief Hicks, chief of the Atascadero Fire Department, regarding the horizontal curve radii and grades on streets and roads and the limits at which their emergency vehicles can negotiate. Chief Hicks said that the mini- mum curve radius is 50 feet and the maximum grades is 15%. He also said that they have some streets in Atascadero with grades up to 18% and indicated that the minimum radii and maximum grades are dependent upon the capability of the particular piece of equipment responding. A minimum 50-foot radius and maxi- mum 15% grade as specified, would assure conditions at which the larger emer- gency vehicles 'could operate. As to the horizontal curves on the existing interior streets, tike minimum curve radius is 50-feet At the intersection of Old Morro Road and Highway 41 the paving width will allow a turning radius of 48-50 feet. According to A,A. S. H .O . Designation = S.U., the minimum turning radius for a single unit Telephone(805)544-3278 PAGE 2 truck or bus , 30-feet long and 20-feet between front and rear axle is 45-feet. Although the width of existing paving is minimum, there is ample clearance for the path of vehicle overhang. The grades of Highway 41 and Old Morro Road, individually or in combination, present no problem . The maximum design grade for the interior road is 15%. However, in grading out the roadway the maximum design grade has baeen exceeded at certain locations, but none over 18%. Very truly yours, Ben L. Maddalena i M E M O R A N D U M TO: Murray FROM: Larry McPherson SUBJECT: Resolution of Intention - Lobos Lane, Sonora/Pinal Avenues DATE: July 15, 1983 Attached are Resolutions of Intention necessary to proceed with the formation of a'Maintenance Assessment District for Lobos Lane and Sonora/ Pinal Avenues. Council has previously accepted petitions from property owners in these areas to process the district. These Resolutions establish a hearing date for protests to be re- ceived and are ;the second step in the formalization of the districts. Once the hearing date is set, property owners have the opportunity to file written protests with the Council. If more than 50% of the property owners protest a given district, then the proceedings may be dropped, or Council could override the protest by a 4/5ths vote. Should less than 50% of the property owners protest the formation of a maintenance district then Council would adopt a Resolution ordering the formation of the district and ordering the specified work to be done and assessments made toward the benefitting property owners as shown on the maps. The hearing date shown in the Resolutions is for the Council meeting of August 8, 1983. Appropriate notices are required to be made to the property owners at least 10 days prior to the hearing date. ?ENCE McPHERSON LM:vh _att. RESOLUTION NO. 33-83 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DECLARING IT'S INTENTION TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE 5820 THROUGH 5856; AND SETTING A TIME AND PLACE FOR PUBLIC HEARING 'THEREON, MAINTENANCE DISTRICT 83-1:LOBOS LANE WHEREAS, this City Council has considered the formation of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California to be known and designated as Maintenance District 83-1: Lobos Lane, hereinafter referred to as the District. NOW, THEREFORE THE COUNCIL OF THE CITY OF ATASCADERO RESOLVES as follows: Section 1 - Recitals That the above recitals are true and correct Section 2 - Public Interest That the public interest and convenience requires, and it is the intention of this City Council to order the formation of a Maintenance District to levy and collect annual assessments for the continual maintenance of certain streets in the City, all to serve and benefit said District as said area is shown and delineated on a map hereby approved by this City Council and on file with the office of the Public Works Director, open for public inspection, and herein so referenced and made a part hereof. Section 3 - Assessment �rtD That the public interest and convenience requires,Ait is the intention of this City Council to order the formation of the Maintenance District as described in this Resolution, and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the cost and expenses of said maintenance and improvements as estimated by the Public Works Director. His estimate of the annual assessment to pay the cost and expenses are as follows: Construct 2" thick asphalt concrete paving over existing graded roadway along with drainage improvements necessary to prevent roadway shoulder erosion. Estimated annual assessment for the first year is $500 per lot. Estimated annual assessment after the first year is approximately $20 per lot. Section 4 - Description of Maintenance The improvements for which said Maintenance District is to be formed and the assessments levied and collected shall be for the maintenance of those streets contained within the boundaries of the district and reflected upon the map of the District, attached Exhibit"A". Section 5 —County Auditor The County Auditor shall enter on the County assessment roll the amount of the assessments and shall collect said assessments. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the City for collection, shall be paid to the treasurer for the purpose of paying costs and [expenses of said district, Section 6 - Special Fund The City Treasurer shall establish a special fund known as "City of Atascadero Street Maintenance District 83-1:Lobos Lane Maintenance Fund", in which the said treasurer shall place all monies collected by the tax collector. As soon as the monies have been received by the treasurer, payment shall be made out of said fund only for the purpose provided for in this Resolution and in order to expedite the making of this maintenance and improvement the City Council may transfer into said special fund, money from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds so transferred shall be deemed a loan to 'said special fund and shall be repaid out of the proceeds of the assessment provided for in this Resolution. Section 7 - Boundaries of District The said contemplated maintenance and improvement work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this Council makes the cost and expenses of said improvement and maintenance chargeable upon a district, which district said City Council declares to be the district benefitted by said improvement and maintenance and to be further assessed to pay the cost and expenses thereof. Said Maintenance District shall include each and every parcel of land within the boundaries of said District as it is shown on a map, attached as Exhibit"A", as approved by this City Council and on file in the office of the Public Works Director, and so designated by name of the District. Section 8 - Public Property Any lots or parcels of land as public property, is the same as defined in 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be, made under these proceedings to cover any of the costs and expenses of said maintenance and improvement work. Section 9 - Public Hearing Notice is hereby given that Monday, the 8th day of August, 1983, at the hour of 7:30 P.M. , in the Council Chambers of the City Council, being the regular meeting place of said Council, is the time and place fixed by this City Council for the hearing of protests or objections in reference to the formation of the proposed district, to the extent of the maintenance work or improvements, and any other matters contained in this Resolution. Any person who wishes to object to the formation of the: District should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. Said hearing shall not be set less than ten or more than thirty days after the date of adoption of this Resolution. Section 10 - Notice - Advertisement That the City Clews hereby authorized and direc* to publish a copy of this Resolution in the Atascadero Naws, a newspaper of general circulation in this City. The publication shall not be completed less than ten (10) days before the date of the hearing. Section 11 - Notice by Mail The City Clerk is hereby directed to mail notices of the public hearing on the formation of the District indicating time, place and purpose of the hearing by mail to each owner whose name and address appear on the last equalized assessment roll. In addition, the City Clerk shall cause a copy of this Resolution to be posted in three (3) conspicuous public places within the City. Notice shall be posted not less than ten (10) days prior to the date set for the hearing. Section 12 - Effective Date This Resolution shall take effect immediately upon its adoption. Section 13 - Proceedings Inquiries For any and all information relating to the proceedings, protests procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person to contact: LawrenceMcPherson Director of Public Works City of Atascadero P.O. Box 747 Atascadero, CA 93423 (805) 466-8000 On motion by Councilman and seconded by Councilman the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST: APPROVED AS TO CONTENT: BARBARA NORRIS, City Clerk Mr L. DEN, City Manager APPROVED AS TO ORM: ALLEN GRIMES, City Attorney . �$ IR u® O u � rt 4 N v S a � v L d r; W 3. 1 a o . coo e ti RESOLUTION N0. 34-33 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DECLARING . IT'S INTENTION TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE 5820 THROUGH 5856; AND SETTING A TIME AND PLACE FOR PUBLIC NEARING THEREON, MAINTENANCE DISTRICT 83-2:SONORA/PINAL AVENUES WHEREAS, this City Council has considered the formation of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California to be known and designated as Maintenance District 83-2: Sonora/Pinal Avenues, hereinafter referred to as the District. NOW,THEREFORE THE COUNCIL OF THE CITY OF ATASCADERO RESOLVES as follows: Section 1 - Recitals That the above recitals are true and correct Section 2 - Public Interest That the public interest and convenience requires, and it is the intention of this City Council to order the formation of a Maintenance District to levy and collect annual assessments for the continual maintenance of certain streets in . the City, all to serve and benefit said District as said area is shown and delineated on a map hereby approved by this City Council and on file with the office of the Public Works Director, open for public inspection and herein so referenced and made a part hereof. Section 3 - Assessment That the public interest and convenience requires, it is the intention of this City Council to order the formation of the Maintenance District as described in this Resolution, and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the cost and expenses of said maintenance and improvements as estimated by the Public Works Director. His estimate of the annual assessment to pay the cost and expenses are as follows: Construct 2" thick asphalt concrete paving over existing graded roadway along with drainage improvements necessary to prevent roadway shoulder erosion. Estimated annual assessment for the first year is $700 per lot on Sonora Avenue and $550 per lot on Pinal Avenue. Estimated annual assessment after the first year is approximately $20 per lot on both streets. Section 4 - Description of Maintenance The improvements for which said Maintenance District is to be formed and the assessments levied and collected shall be for the maintenance of those streets contained within the boundaries of the District and reflected upon the map of the District, attached as Exhibit "A". Section 5 - County Auditor The County Auditor shall enter on the County assessment roll the amount of the assessments and shall collect said assessments. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the City for collection, shall be paid to the treasurer for the purpose of paying costs and expenses of said District. Section 6 - Special Fund The City Treasurer shall establish a special fund known as "City of Atascadero Street Maintenance District 83-2:Sonora/final Avenues Maintenance Fund", in which the said treasurer shall place all monies collected by the tax collector. As soon as the monies have been received by the treasurer, payment shall be made out of said fund only for the purpose provided for in this Resolution and in order to expedite the making of this maintenance and improvement the City Council may transfer into said special fund, money from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds so transferred shall be deemed a loan to 'said 'special fund and shall be repaid out of the proceeds of the assessment provided for in this Resolution. Section 7 - Boundaries of District The said contemplated maintenance and improvement work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this council makes the cost and expenses of said improvement and maintenance chargeable upon a District, which Distract said City Council here declares to be the District benefitted by said improvement and maintenance and to be further assessed to pay the 'cost and expenses therof. Said Maintenance District shall include each and every parcel of land within the boundaries of said District as it is shown on a map, attached as Exhibit "A", as approved by this City Council and on file in the office of the Public Works Director, and so designated by name of the District. Section 8 - Public Property Any lots or parcels of land as public property, is the same as defined in 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance and improvement work. Section 9 - Public Hearing Notice is hereby given that Monday, the 8th day of August, 1983, at the hour of 7:30 P.M. , in the Council Chambers of the City Council, being the regular meeting place of said Council, is the time and place fixed by this City Council for the hearing of protests or objections in reference to the formation of the probosed District, to the extent of the maintenance work or improvements, and any other matters contained in this Resolution. Any person who wishes to object to the formation of the District should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. Said hearing shall not be less than tenor more than thirty days after the date of the adoption of this Resolution. Section 10 - Notia Advertisement MW That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the Atascadero News, a newspaper of general circulation in this City. The publication shall not be completed less than ten (10) days before the date of the hearing. Section 11 - Notice by Mail The City Clerk is hereby directed to mail notices of the public hearing on the formation of the District indicating time, place and purpose of the hearing by mail to each owner whose name and address appear on the last equalized assessment roll. In addition, the City Clerk shall cause a copy of this Resolution to be posted in three (3) conspicuous public places within the City. Notice shall be posted not less than ten (10) days prior to the date set for the hearing. Section 12 - Effective Date This Resolution shall take effect immediately upon its adoption. Section 13 - Proceedings Inquiries For any and all information relating to the proceedings, protests procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person to contact: Lawrence McPherson Director of Public Works City of Atascadero P.O. Box 747 Atascadero, CA 93423 (805) 466-8000 On motion of Councilman and seconded by Councilman the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST: a RIS, ity Clerk TO RM: „ APPROVED AS TO CONTENT: ALLEN GRIMES, City Attorney RAY 'WARDEN, City Manager N � � 0 w O _ O ti a ti i O r� a Z ` . c i _M_E_M_O_R_A_N_D_U_M_ i TO: City Council FROM: City Manager SUBJECT: Revised Cable Television Rates DATE: July 21, 1983 The City Council, on June 27 , 1983, approved changes in the rate structure for Falcon Cable T.V. Changes included an increase to $9. 50 for the basic monthly service charge as well as other increases for installation charges and authorizing a finance charge for any delin- quent unpaid balances. Additionally, approval was given for an automatic increase in basic television installation and service charges based upon changes in the Consumer Price Index after a 30 day notification period and not to exceed 12% increase in any 12 month period. This effectively al- lows the cable company to unilaterally increase its service charges. It should be noted that the Council does not have an ability to con- trol the special services rate charge for items such as Home Box Of- fice or other services aside from the basic service. I believe the above summarizes the actions taken by the Council as contained in the draft ordinance. Recommend your passage. OML' RRA L. WARDEN .ad • M E M O R A N D U M TO: Murray FROM: Larry McPherson SUBJECT: Revised Cable T.V. Rates DATE: July 18, 1983 Pursuant to Council action at their meeting of June 27, 1983, I have attached an ordinance repealing County Ordinance No. 1503, and adopting provisions modifying County Ordinance No 1202: This new ordinance allows adoption of CATV service charges by resolution of the Council. I have also attached a resolution, to become effective on the same date as the new ordinance, setting forth the rates and conditions for CATV service per Council's action. Please take note of Section 3(d) which adds a provision for automatic increases in the basic rates subject to changes in the Consumer's Price Index. LAWRENCE McPHERSON LM:vh cc: City Attorney Attachments l 1 ORDINANCE NO. 69 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTION 3 OF SAN LUIS OBISPO COUNTY ORDINANCE NO. 1202,'; ADOPTED DECEMBER 13, 1971, AND REPEALING SAN LUIS OBISPO COUNTY ORDINANCE NO. 1503, ADOPTED JUNE 2, 1975. The Council of the City of Atascadero ordains as follows: Section 1. Section 3 of San Luis Obispo County Ordinance No. 1202, adopted on December 13, 1971, is hereby amended as follows: Sec. 3 . All rates and charges for cable TV service over which': the City has jurisdiction now or hereafter under the rules and regulations of the Federal Communica- tions Commission, shall be expressed by resolution of the Council. The initial resolution adopted hereunder shall be adopted upon the effective date of this provision. Section 2. The provisions of San Luis Obispo County Ordinance No. 1503, adopted on June 2, 1975, are hereby repealed. Section 3 . 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, pub- lished, and circumated in this City in accordance with Government Code section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 4.s This ordinance shall go into effect and be in full force and effect at 12: 01 A.M. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES 1 NOES: ABSENT: MARJORIE R. MACKEY, Mayor AG: fr 7/14/83 ORDINANCE NC. 69 ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO ORM: f ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: f A L. WARDEN, City Manager RESOLUTION NO. 35-83 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO FIXING RATES OF CATV INSTALLATION AND SERVICE CHARGES WHEREAS, Falcon Cable T.V. of Northern California is the Grantee and holder of a CATV franchise in certain areas of the City of Atascadero; and WHEREAS, Ordinance amends San Luis Obispo County Ordinance No. 1202 and provides CATV subscriber rates to be set by resolution; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero as follows: 1. Definitions. For the purpose of this Resolution, the following words shall mean: a. Distribution Line - The CATV cable, conduit, transmission, or broad- cast path or method used to distribute the CATV signal or service to individual subscriber service drops. b. Service Drop - The CATV cable, conduit, transmission or broadcast path or method that conveys the CATV signal or service from a Distribution Line to the place or device whereby a subscriber receives or utilizes the CATV signal or service. c. Subscriber - A person or entity using CATV services provided by Grantee pursuant to Grantee's CATV franchise and this Resolution. 2. Charges. The rates charged by Falcon Cable T.V. of Northern California to its subscribers in the franchise area shall be in accordance with the following schedule. a. Monthly Service Charges Rate Residential Primary Outlet $9.50 Additional outlet (each) 2.50 Converter Maintenance (on basic service only) 2.00 Hotels, Motels, Multiple Apartments, Commercial or Ten or More Outlets Television 1-15 4.10 per outlet per month i ; 16-30 outlets 3.80 per outlet per month 31-100 outlets 3.45 per outlet per month FM Radio With TV service 1.20 per outlet per month Without TV service 1-15 outlets 4.10 per outlet per month 16-30 outlets 3.80 per outlet per month 31-100 outlets 3.45 per outlet per month b. Installation Charges Charges for the installation of service within the areas of Grantee's franchise shall be as follows: Persons having CATV service installed in structures that are within the standard distance of a Distribution Line shall be charged as follows: New Installation 25.00 Reconnect 20.00 Additional Outlet 15.00 Relocate Outlet 15.00 Disconnect No charge Hotels, Motels, Multiple Apartments, Commercial or Ten or More Outlets: 1 Primary television outlet, normal installation: A charge for time actually expended, not to exceed 7.30 per unit plus materials outlets: A char Additional e for time g actually expended, not to exceed 7.30 per unit plus materials Relocation of exisitng outlet: A charge for time actually expended, not to exceed 7.30 per unit plus materials Relocation of existing outlet: A Charge for time actually expended, not to exceed 6.30 per unit plus materials Disconnection of Service No charge The standard distance for an aerial service drop is 200 feet or less. The standard distance for an underground service drop is 150 feet or less. Installations requiring a service drop in excess of the standard distance may be charged an additional amount for installation but- in no event shall the installation charge exceed the cost to Grantee for labor and materials for such installation. c. Finance Charges Falcon Cable T.V. may charge a finance charge of 12% per month of the unpaid balance of an account deliquent over sixty (60) days. d. Rate Adjustments Falcon Cable T.V. shall have the right, with 30 days advance notice to its subscribers and to City Council, to increase the rates charged for basic cable television installation and service. Said increase shall be implemented no more than once every 12 months. Changes in ,rates shall be based on the percentage change in the Los Angeles- Long Beach all Urban Consumers, all items, 1967=100, Consumer Price Index, as published by the United States Department of Labor, Bureau of Labor Statistics. The percentage Change will consider the difference in the index for the date of implementation of the last increase to the month just prior to the preparation of the 30 day advance notice. In no case shall the increase in any 12 month period exceed 12%unless approved by Council. 3. This Resolution becomes effective at 12:01 A.M. on the thirty-�irst (31st) day after passage of Ordinance On motion of Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO RM: APPROVED AS TO CONTENT: ALLEN GRIMES, City Attorney M Y I/ WARDEN, City Manage v� I _M E_M O R A_N_D_U_M TO: City Council - - FROM: City Manager SUBJECT: Animal Control Contract DATE: July 21, 1983 The attached Animal Control Contract is a renewal for Fiscal Year 1983-84. It primarily raises our "not to exceed" amount from approximately $18,000 to approximately $26,000 . As you are aware, this amount has been off-set to some extent by the amount of fees collected for licenses or charges and it is based upon an estimate of regular services costs. If we desire special ser- vices, then they must be paid for in addition to the "not to ex- ceed" or else adjust downward the level of service normally pro- vided. Various cities in the County have registered concerns about about the Animal Control Contract, but in recognition of various needs and the timing of the contract, all have indicated a will- ingness to extend the contract as written. However, it has been agreed to look '`'into the cost factors and service delivery methods • presently existing. The City Managers of the County have sched- uled this item as a matter for consideration in an attempt to reach some recommendations prior to the start of the next fiscal year . When I initially received this draft, I made some inquiries to Mr. Dollahite as to the hours that his patrol people spend within the City not including special enforcement activities. He informed me that we are receiving 56 hours per week on an average of patrol time.; Examination of the animals handled by animal control personnel within the City indicates a high number which means that, although not answering all the animal control prob- lems, at least to the extent available funding allows, attempts to cope with the problems are being made. Because some of the alternatives at this time to not seem reasonable, e.g. , establishing our own patrol system, I recommend that you approve the agreement as written. However, your motion should indicate that your approval is subject to examination of the actual cost factors before next year ' s contract renewal. MU RA L. WARDEN �.1950 (..ountcy of San . uiai�43ro, &14c ?-�3 u DEPARTMENT OF ANIMAL REGULATION! COUNTY OPERATIONAL CENTER + RT. 2. BOX 425 H + SAN LUIS OBISPO, CA 934 ROBERT DOLLAHiTE•DIRECTOR 49.5100 June 3, 1983 - r. U 1 lvf7,5 t� ff City Administrator/City Council City of Atascadero ---_---__.. P.O. Box 747 Atascadero, Ca.' 93423 , Presented for.„your consideration is the proposed agreement for Animal Control services for FY '83-'84 between the County of San Luis .Obispo and each participating city. Please note changes in the following items: Cost of individual services, page ;8, paragraph 14, allocating of operating costs Sub(a) General Administration and Ordinance Review increases from $2.50 to $3..50. Sub(b) Animal Control Enforcement increases from $7.50 to $9.00. Page 9, Sub(c) Animals Sheltered increases from $3.50 to $4.00. Sub(e) Licensing increases from $1.75 to $2.25. Sub(f) Emergency Services increases from $14.00 per man hour to $25.00 per man hour. Page 10, paragraph 17, Revenue from court fines allows court fines to be used as other city revenue. Paragraph 18, Deficits (this is the not to exceed amount set by each city) . You will notice that this is a significant increase over past years. This increase has been made necessary by increased cost to provide services. Cities have never been billed or charged for the cost of building and equipment maintenance and improvement. These facts are known as the County overhead rate. Please feel free to contact me if you have any questions. I will be more than glad to come to your city and meet with you for clarification of the contract. These contracts should be signed as soon as possible and then forwarded to the Board of Supervisors for their concurrance so that services will not be interrupted. Sincerely, Robert L. Dollahite RD:kt AGREEMENT FOR ANIMAL CONTROL SERVICES This Agreement is made aad entered into this 1st day of July 1983 , by and between the County of San Luis Obispo , hereinafter referred to as "County" , and the City of Atascadero hereinafter referred to as "City WITNESSETH : THAT WHEREAS , the City is desirous of contracting with the -County for the performance of the hereinafter described animal control services within its boundaries by the County of San Luis Obispo through the Department of Animal Regulation ; and WHEREAS', the County is agreeable to providing such services in accordance with the provisions of the San Luis Obispo County Code Title 9 which provides for the licensing of dogs , the establishment of a public pound , and for the collection and care of stray , diseased and vicious animals ; and WHEREAS , the County of San Luis Obispo has established the Department of Animal Regulation to enforce the ordinances of the County Code Title 9 within the unincorporated areas of the County ; and WHEREAS , the interests of all County residents would bel served by implementation of Animal Control Services in the incorporated communities of the County ; and WHEREAS , the City is desirous of contracting for said Animal Control Services . NOW , THEREORE , IT IS AGREED AS FOLLPS : 1 . Definitions : a. "Animal " as used in this Agreement means any species of vertebrate creature . b. "Animal transaction for City" as used in this Agreement means any of the following actions taken by County on City ' s behalf, singularly or in aggregate , as they relate to a single animal or animal owner withi._n a 24-hour period : (1 ) Search ; (2 ) Seizure ; ( 3 ) Capture or attempted capture ; (4 ) Bite investigations ; ( 5 ) Issue of written warning or citation ; ( 6) Pick-up and disposal of dead animal ; (7 ) Nuisance- investigation ; _ (8) Care of injured animal . C. "Animals sheltered for City" as used in this Agreement shall mean any animal delivered to` the animal shelter from within City' s corporate limits . d . "Man.-hour" a.s u'sed in this Agreemint shall refer to the services of any single County officer, agent , or employee for one hour. Man-hours shall be recorded to the nearest one- half (1 /2 )- hour. _ e . "Overall Program Costs" as used in this Agreement shall mean total operating costs incurred in providing services of any single component , as hereinafter described , to all unincorporated areas of County together with the total operating -2- 0 0 costs incurred in providing services of an single component to P 9 Y 9 P all incorporated communities within County contracting for said Scomponent. Such costs shall include the cost of any leased premises , equipment , and those subcontracted services as hereinafter described . f. " Emergency Services " as used in this Agreement shall mean those services provided by one or more animal control officers during hours other than regular business hours in response to a call concerning animal bites , stray vicious e animals or situations in which animals are constituting a threat to public safety. Emergency services do not include responses to animal nuisances such as barking or stray dogs . 2 . Services Components - The County agrees to provide. all necessary labor, facilities , and equipment to supply the following animal control service components : _ a . General Administration - County agrees to pro- vide management and supervision of the animal control program, to keep records and provide statements as hereinafter specified , to operate an animal release annex , to maintain a headquarters with communication center and dispatcher service . These services shall hereinafter be referred to as the "general administration component b. Ordinance Review - County shall review City .and County animal control ordinances , prepare and propose amend- ments , additions , and deletions to those ordinances so as to improve the quality of animal control . These services shall hereinafter be referred to as the "ordinance review component" . -3- C . Animal Control Enforcement - County shall enforce all City Animal Control ordinances and State laws within City ' s corporate limits , investigate ._complaints , including complaints involving animal bites , and issue citations . These services shall hereinafter be referred tows the "animal control enforce- ment component" , but services under this component shall not include enforcement of City animal licensing ordinances , which is covered under the "licensing component" , nor shall it include enforcement of zoning ordinances dealing with :animals . d . Animal Shelter - The County shall maintain an adequate pound and provide for the care , housing , and disposal of animals seized within City ' s-` corporate limits or delivered by City ' s residents . It is understood and agreed that the County may subcontract the obligations of this paragraph to an independent contractor or at its option undertake to perform these duties itself. If the County chooses to undertake these services itself , it agrees to maintain its kennels , cages , and corrals so as to produce a humane environment . These services shall hereinafter be referred to as the "animal shelter component" . e . Public Education - County shall provide infor- mation to the public on the .necessity of animal control as recommended by the Animal Regulation and Control Advisory Committee. This service shall hereinafter be referred to as the "public education component " . f. Licensing - County shall collect license fees , issue license$ and receipts .for licenses , enforce City licensing ordinances , and enforce state and local rabies control laws . -4- 0 County may choose to conduct an animal vaccination clinic . These services shall hereinafter be referred to as the "licens- ing component g . Animal Populat-ion Control - County may choose to conduct a spay and neuter clinic, If County so chooses , County shall provide low-cost spay and neuter operations , including all necessary care and treatment accompanying said operations . 3 . Animal Regulation and Control Advisory Committee - There shall be an Animal Regulation and Control Advisory Com- mittee whose responsibility it will be to review and recommend on all matters of Departmental Policy regarding overall program administration , level and quality of service , budget , and ordinance development and amendments . This Advisory Committee shall be made up of: one representative from each City con- tracting with the County , one representative from the County Veterinarians ' Association one re n n presentative from an Animal Welfare Society , one representative from the County Health Department , one representative from the Department of Animal Regulation , and one representative from the County Sheriff ' s Department . The Committee shall receive staff support from the Department of Animal Regulation . 4 . Supervision - The rendition of the services specified in paragraph 2 of this Agreement, and matters incidental to the performances of said services , and the control of personnel so employed , shall remain in the County . 5 ., Cooperation To facilitate the performance of the foregoing functions , it is hereby agreed that the County shall -5 have the full cooperation and assistance from the City , its officers , agents , and employees . 6. Special Supplies - Notwithstanding anything in this Agreement to the contrary , it is agreed that in all instances wherein special supplies , stationery , notices , forms , and the like must be issued in the name of City , the same shall be supplied by City at its own cost and expense . 7 . Employee Status - All persons employed in the per- formance of the services and functions specified in paragraph 2 of this Agreement shall be County employees : no present City employee shall become a County employee by reason of this agreement ; and no person employed hereunder shall have any City pension , Civil Service , or any similar status or right . For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein , every County officer and employee engaged in the performance of any service hereunder shall , where necessary, be deemed an officer or employee of City while performing the services for City. 8. Employee Compensation and Liability - City shall not be called upon to assume any liability for the direct payment , of any salaries, wages , or other compensation to any County personnel performing services hereunder , or any liability other than that provided in this Agreement . The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment .', -6- 9. indemnification Notwithstanding the provisions of paragraph 7 , County will hold City , its officers , agents , and employees harmless from any an,d all claims for damage resulting _from the performance of this Agreement except that the above shall not apply to the active negligence or wilful misconduct of City or City ' s agents or employees . 10. Prosecution - It shall be the duty of the City Attorney, exercising the discretion vested in his office , to prosecute violations of the City Animal Ordinance , and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City ' s corporate limits . ll . Term and Renewal - This Agreement shall be effective on the 1st day of July , 1983, and shall terminate on the 30th day of June , 1984, or the 30th day of June any year thereafter , provided that not later than March 15th next preceding said _. expiration date , either party shall notify the other in writing that it does not wish to renew same . Otherwise , this Agreement will continue from year to year. 12 . 4r'dinance . Conformity - Notwithstanding anything to the contrary contained in this Agreement , City shall enact and maintain in full force and effect , including the amount of fees provided , an ordinance comparable in terms with the provisions of the County Animal Control Ordinance , San Luis Obispo County Cole Title 9 ; provided , however, that modifications or aTend- ments to the; general provisions of Title 9 may be developed which are warranted by the unique circumstances of the City . Any such amendments which modify the present language of Title • -7- 9 are subject to review by the Advisory Committee , and the approval of the Board of Supervisors , as well as the City councils of any Cities which may be affected by such amend- ments . 13. Capital Expenditures - , County shall pay the cost of acquiring , constructing , and equipping any County-owned facility needed for the performance of the animal shelter component . 14 . Allocation of Operatin Costs - Charges to City for the services provided by County shall be computed on the follow- ing basis : a . Charges for general administration and ordinance review shall be $3 . 50 for each 4aniaml transaction for City ( as defined in subparagraph 1 ( b ) of this Agreement . A $3 . 50 charge shall also be applied for each animal delivered to the control facility by a resident of City . . The charges * al focated to City pursuant to this subparagraph 14 ( a ) shall be added to the charges made pursuant to subparagraphs 14 ( b ) and ( c ) below when those charges are applicable . b. Charges for the animal control enforcement service component shall be $9.00 for each animal transaction ( as defined in paragraph 1 ( b) of this Agreement) in which the service of an Animal Control Officer is involved , but excluding those services vrhere charges are made pursuant to subparagraph 14 ( f ) below. The charges allocated pursuant to this subpara- graph 14 ( b ) shall be added to the charges described in para- graph 14 ( a ) above , and where applicable they may also be added to the charges described in paragraph 14 (c ) below. -8- c'. Charges for the animal shelter services component shall be $4 '. 00 for each animal sheltered for City (as defined inparagraph 1 c of this A reement The charges allocated O 9 ) 9 pursuant to this subparagraph 14 ( c ) shall be added to the charges described in subparagraph 14 ( a ) above and where appli - cable they may also be added to the charges described in subparagraphs 14 ( b ) and ( f) . d'. Overall program costs (as defined in paragraph 1 ( e ) of this Agreement ) for the public educationcomponeint services shall be multiplied by the City ' s population percent , and that sum shall be charged to City . In no event shall City ' s allocated costs for the -public education component exceed 13o per capita . e . Charges for the licensing component services shall be $2 . 25 for each animal licensed for City . Should County chose to conduct a County-wide animal vaccination clinic , the costs for conducting such a clinic shall be multi - plied by the ratio created by dividing the number of animals vaccinated for. City animal owners by the total number of animals vaccinated during the clinic . f . In payment for those emergency services (as defined in paragraph l ( f) of this Agreement ) provided to City when only standby animal control officers are on duty , City shall be charged $25.00 per man per hour. This charge shall be on a portal -to-portal basis , and when applicable , may be added to the charges imposed pursuant to subparagraphs 14 (a ) and (c ) above . 9- 15 . Revenue from Fees and Impounds - Revenue from impound charges collected on animals taken from within City ' s coporate limits will be credited against City ' s allocated costs . 16 . Revenue from Licensing - Revenue collected in licensing animals owned or adopted by residents of City shall be credited to City ' s allocated costs . 17 . Revenue from Court Fines - Animal control violation fine monies which are imposed and collected as a result of citations issued or arrests made within the City will be credited' against City ' s allocated costs . 18. Deficits - City shall pay County any deficits between total revenue credited to City and :City ' s allocated costs , as those sums are hereinabove described , and this computation shall be made a fiscal year basis , provided that the maximum amount so payable by City for the services hereunder shall not exceed $26,102.00 Said payments shall be made on or before the 31st day of August of each year of this Agreements ' s existence . 19. Books and Records - County agrees to keep such books and records and in such form and manner as County Auditor- Controller shall specify . . Said books shall be open for examina- tion by Ci;.ty at all reasonable times . County shall provide a statement to City showing City ' s revenue credits and allocated costs . Said statements sha-11 be presented within 30 days after the close of each quarter of this Agreement ' s existence . 10 - 20. Modification - This Agreement constitutes the entire understanding of the parties hereto and no modification of the terms of this Agreement shall be effective unless in writing and signed by the parties . IN WITNESS THEREOF, City of Atascadero by resolution duly adopted by its City Council causes this Agreement to be signed by its mayor and attested by its clerk , and County of San Luis Obispo by order of the Board of Super- visors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed thereto attested by clerk of said Board on the day and year first above-written . CITY OF Atascadero COUNTY OF SAN LUIS OBISPO By : By : Mayor Chairman , Board of Supervisor-s ATTEST: ATTEST : Francis M. Cooney , Clerk City Clerk Board of ..Supervisors . By : Deputy Clerk APPROVED AS TO FORM AND LEGAL EFFE( JAMES B . LINDHOLM JR . County Counsel B y : Deputy County Counsel -11 _ V M E_M O_R A_N_D_U_ — TO: City Council FROM City Manager SUBJECT: League of California Cities resolutions DATE: July 21, 1983 The attached resolutions have been suggested for considera- tion by the League of California Cities at the Annual Convention. The matters have been discussed at the Channel Counties Division meeting and, in principle, have been agreed to. I would suggest that the Council not be concerned with the exact verbiage, but rather as to the concepts expressed and, if in agreement, to di- rect your delegate to the League Convention to vote in support of these resolutions. Prior to the League Conference, if you con- cur, we can write a letter to the League expressing our support as evidenced through your motion. KRD�EN M RAY MLW:ad 3 c 1 RESOLUTION NO. 81-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING CHANNEL COAST DIVISION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORT FOR AMENDMENTS TO PUBLIC CONTRACTS CODE SECTIONS 20160, 20161 , 20162, AND 20167 OR LABOR CODE SECTION 1771 T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS , under the above stated laws enforced today, a City must contract for and let to the lowest responsible bidder any public project exceeding $5,000 in cost and under existing law the City cannot use its own forces unless it adequately establishes that it cannot proceed with its own forces at less cost; and WHEREAS , if the City, after requesting public bid, determines that it can proceed more economically with its own forces, the Code allows the City to do so; and WHEREAS , there is a substantial probability of litigation on the issue of cost if the City attempts to proceed with its own forces since the contractor can challenge the City determin- ation justifying such a decision; and WHEREAS , it seems to be more appropriate to have a specific provision allowing the City to proceed with its own forces without the necessity of competitive bidding or in the alternative to require competitive bidding but allow the contract to proceed on water line replacement projects paying wages thatthe contractor customarily pays; and WHEREAS , the City of Morro Bay would like to allow for modification of the Public Contracts Code or Labor Code to allow a city of less than 15,000 population to either use day labor/ force account to replace water lines without the necessity of public bidding and without the necessity of determining cost comparisons in a way that could be challenged in court or allowing smaller cities to request public bids for a project but also allow the contractor to proceed without being subject to payment of prevailing wage; and WHEREAS , such extension of water lines is not of statewirle concern , only a matter of internal or local concern and therefore the state and prevailing wage statute should not be enforced where the state interest is little affected but the City ' s interest is adversely affected to an unreasonable degree by the enforcement of the statute. 1 RESOLUTION NO. 81-83 PAGE TWO NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay requests support from the League of . California Cities as a policy measure and requests enabling legislation to amend the Public Contracts Code. Sections and Labor Code Sections which would exempt cities of less than 15,000 population when replacing water lines from either the public bidding statute or prevailing wage statute. PASSED AND ADOPTED by the -City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of June 1983, by the following roll. call vote: AYES : Anderson , Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None EU R. SHELTON, MAYOR ATTEST: PAUL BAXTER, CITY :CLERK 2 RESOLUTION NO. 1327 A RESOLUTION OF THE CARPINTERIA CITY COUNCIL REQUESTING THE LEAGUE OF CALIFORNIA CITIES TO SPONSOR LEGISLATION TO ENABLE LOCAL AND STATE GOVERNMENTS TO COLLECT A CALIPER TAX AND ENTRPNCE ,a SURCHARGES ON USERS OF STATE PARK FACILITIES WITHIN THEIR JURISDICTION WHEREAS, with the approval of Proposition 13 by the voters of the State, the mandate of the people that the user of services should pay a greater share s s x r of said services is clear; and =xr WHEREAS, the Carpinteria State Beach Park annually attracts close to x4� ,ti 1,000,000 day and overnight users from throughout the State and nation; and WHEREAS, the evidence is clear that users of the State Beach Park cause a substantial impact on the services of the City of Carpinteria particularly in � 7} police, public works, recreation and other community services; and =�1c� = T��� safr WHEREAS, it is also clear that the users of the State Beach Park contribute very little to the local economy through sales tax or other revenues; and WHEREAS, if the City of Carpinteria, or an,/ other city or county in California similarly situated, is to continue to provide services for users of the Beach Park, ways and means of providing revenues to offset costs must be found and established; and f WHEREAS, the fact that City services must be provided to deal with the potential need (especially in police services) whether or not they are actually used; and c WHEREAS, the City of Carpinteria in 1978 adopted a Uniform Camper's Tax 12= ., w similar in nature to the Transient Occupancy Tax which would assess a 50C per night per occupied campsite on both public and privately operated campgrounds; and WHEREAS, the City estimates that such a camper tax would yield approximately S23,800.00 per year (as a conservative estimate) which would � ^� � significantly assist the City in defraying cots of services; and g �� WHEREAS, the Cicy has hi2cn denied by the State the right to enforce the Uniform Camper Tax since its enactment in 1978; and WHEREAS, the City is willing to explore an alternative Camper Tax whereby both the City and State may share in revenues collected thereby assisting both ?: x the City and State in offsetting increased costs. ,-asiJt���q`'3`�,:�-��ygSy�, r'�.p�,,,x.`•ev�w�r�� NOW, THEREFORE, the Carpinteria City Council hereby resolves that the League of California Cities be asked to sponsor legislation to enable local governments to collect a uniform camper tax and an entrancesurcharge on users of State Park Facilities within their jurisdiction. RESOLVED FURTHER, that copies of this resolution be sent to State Senator Hart, Assemblyman O'Connell, the Channel Counties Division of the League of California Cities and all coastal cities and counties in the State of California having State Parks within their jurisdiction. PASSED, APPROVED AND ADOPTED this 27th day of June, 1983, by the ROM following called vote: AYES: COUNCILNEMBER: LEWIS, LAWRENCE, WULLBRANDT, BRELAND, FUKASAWA x k A: ✓„ Yc krw S NOES: COU NCILME'1BER. NONE ABSENT: CCUiJCILItEi16ER: NONE 74+'"rt `u ni t y fy. l M,�yor, City of Carpint RESOLUTION t.0. 1327 PAGE 2 ATTEST: CityPCJk, CAofrpinteria I hereby certify t!tat the foregoing resolution was duly and regularly introduced and adopted at a'regular meeting of the City Council of the City of Carpinteria held the 27th day of June, 1933. 'k �t' � T Tim � • ��� '1� �� rr // City C er , City ot Carpi teria APPROVED AS TO FORM: Li�y Attorney TOMR x r C a r s•++:4�. ,��yljp+t...ai hSy.� f�'h�t ,}s,,,.,`Styx,'x°Y�<„ .7' C' Y�J'Y}Syn Y h-1'e.Sn a�si' Jt+bV Ydw•"n� —%s�;:,,; � ?-'Ta r i�rrk,. Z"rry -�.•'°`,, s ��°��_ 1J b � } A RESOLUTION OF THE t CHANNEL COUNTIES LEAGUE OF CITIES , REQUESTING LEGISLATION CLARIFYING THE AUTHORITY OF CITIES TO DENY PROPOSED ANNEXATIONS WHEREAS, State legislation adopted in 1978 (MORGA) has been interpreted by Local Agency Formation Commissions, and now by the California Supreme Court, as removing all authority of a City to deny annexations approved by LAFCO, unless the anu xed area contains a population in excess of 25% of the city' s population; and WHEREAS, cities supported the adoption of MORGA only to expand the procedural review powers of LAFCO prior to recommending approval of annexations, and not to permit LAFCO to usurp the final decision making power of cities to deny or approve proposed annexations. ' NOW, THEREFORE, BE IT RESOLVED by the Channel Counties Division of the League of. California Cities as follows: 0 1 . The Legislature is requested to enact urgency legislation amending MORGA to clarify that cities retain the power to make the final decisions of approval or denial of ani exertion _recommended by LAFCQ s a f 4t �0 3 M E M O R A N D U M TO: Murray Warden, City Manager FROM: Mike Hicks , Fire Chief 1 SUBJECT: Weed Abatement Administrative Charge It is my recommendation that the administrative fee for weed abatement charges be set at 40% , which will only cover direct cost to the City for administration and enforcement of the Weed Abatement Ordinance. This figure is arrived at by estimating the Contractors ' charges and actual costs incurred by the Atas cadero Fire Department in administering the program. Attached, please find an itemized statement., effective as of this date. Administrative cost will only vary slightly above the currentfigure. Contractors ' charges will be approximately $16 ,000 .00 . It is my understanding that Council ' s direction was to set administrative fees at what ever rate necessary to recover costs to the City. MIKE HICKS 7-20-83 MH:pj WEED ABATEMENT AND ADMINISTRATIVE CHARGES 1. Printing, stakes , newspaper & assessor printout - $510 . 55 2 . Overtime @ time and one half: 59 man hours @ $9 .86 per hour. $581 . 74 3 . On-duty hours @ straight time : 20 man hours @ $6 . 57 per hour. $131.40 4 . A-Shift: 229 man hours @ $5. 97 per hour. $1, 367 . 13 658 miles @ .24G a mile $157 . 92 5 • B-Shift: 413 man hours @ $5. 97 per hour. $2 ,465.61 614 miles @ .24� a mile $147 . 36 6 . C-Shift: 110 man hours @ $5 .97 per hour. $656 .70 212 miles @ .24� a mile $ 50 .88 7 . Clerical : Preparation of Weed Abatement Ordinance, Resolution w/ Exhibit A, Telephone calls regarding Weed Abatement complaints and requests; preparation of Weed Abatement charges for County Tax Roll; preparation of abatement charges for Public Hearing; Purchase Orders, News Releases, etc . Approximately 50 clerical hours @ $5. 98 per hour. $299 .00 TOTAL $6 , 368 .29 4 Contractor charges, as of July 19 , 1983 : $10 ,582 .35 Would estimate that total Contractor charges will be approximately $16 ,000.00 . M E M O R A N D U M TO: City Manager FROM: Finance Director SUBJECT: Additions of delinquent Atascadero County Sanitation District service charges to the 1983-84 property tax bills DATE: July 19, 1983 The ordinance which established the Atascadero County Sanita- tion District provides for the collection of delinquent sewer charges on the general County tax bills. Resolution No. 30-83 with the attached "Exhibit A, " has been prepared in accordance with Section 54354 . 5 of the California Government Code to accom- plish the necessary collection through the 1983-84 property tax bill. In addition, a Notice of Public Hearing has been published twice noticing this action. All owners of parcels proposed to be charged for delinquent charges have been notified by U. S. Mail. The total delinquent charges, prior to any charges or payments resulting from this noticing, is $40,524,7-0 . 1 The basic area of resolvement during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer charge that is listed under the column en- titled "amount" on "Exhibit A. " Request that any questions or concerns received during the public hearing be referred to Staff for resolvement in order to ensure compliance with the forwarding of the approved list to the County Auditor prior to August 10 , 1983. It is recommended that Resolution No. 30-83, with the attach- ed "Exhibit A, " be adopted by the Board of Directors upon comple- tion of the public hearing. RALPH H. DOWELL, JR. RHD:ad RESOLUTION NO. 30-83 A RESOLUTION OF THE BOARD OF DIRECTORS, ATASCADERO COUNTY SANITATION DISTRICT, ADOPTING DELINQUENT SERVICE CHARGES TO BE ADDED TO THE 1983-84 PROPERTY TAX BILL WHEREAS , this Board, after due notice was given in accordance with Section 54354 . 5 of the Government Code, had duly held a public hearing concerning the addition of delinquent service charges to the 1983-84 property tax bill; and WHEREAS, at said hearing the attached report marked "Exhibit A" containing such delinquent charges was duly received by said Board; and WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony or other evidence concerning same; and WHEREAS, it is in the public interest that this Board adopt the delinquent charges and determine and confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Atascadero County Sanitation District, as follows: Section 1. That the recitals set forth hereinabove are true, correct and valid. Section 2. That this Board hereby adopts thedelinquent service charges set forth on the attached report marked "Exhibit All which is hereby expressly incorporated herein by reference as though here fully set forth; and this Board hereby determines and confirms the report containing such charges as set forth in said "Exhibit A, " and hereby further determines and confirms that each and every delinquent service charge set for in said report is true and accurate and is in fact owed and delinquent. Section 3 . That the delinquent charges as so confirmed and deter- mined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such delinquent charges shall be collected at the same time and in the same manner as ordinary Coun- ty ad valorem taxes are collected, and are subject to the same penal- ties in the same procedure and sale in case the delinqency is brovided for such taxes. Section 4. The Secretary shall file a certified copy of this res- olution and said adopted and determined and confirmed report of delin- quent service charges with the County Auditor prior to August 10 , 1983. Resolution No. 30-83 . Section 5. This resolution is approved by at least a two-thirds vote of said Board. On motion by Director and seconded by Director the foregoing resolution is hereby adopted in its entirety by the fol- lowing vote: AYES : NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, President ATTEST. MURRAY L. 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