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HomeMy WebLinkAboutAgenda Packet 06/11/1991 PUBLIC NOTICE ATASCADERO CITY COUNCIL NOTICE IS HEREBY GIVEN that the Atascadero City Council will meet on the following dates for the purpose of Budget Hearings: * Tuesday, June 11, , 1991 at 5:30 p.m. for reviewing the siscal Year 1991-92 Budget (excluding community agency funding requests) . June 19, 1991 from 3:00 to 6:00 p•m. to receive and discuss Community Agency Funding Requests. Said Public Hearings are open to the public and will be held at the City .Administration Building, 6500 Palma Avenue, 4th floor Rotunda Room. Dated., 5/30/91 .L`�E DAY&K, ity lerk * PUBLIC REVIEW COPY a� PLEASE DO NOT REMOVE FROM COUNTER * NOTICE: THE COUNCIL WILL MEET IN OPEN SESSION AT 5:30 P.M. i FOR PURPOSES OF A PUBLIC HEARING CONCERNING THE PROPOSED 1991-92 FISCAL YEAR BUDGET (EXCLUDING CM04UNITY AGENCY FUNDING REQUESTS) . AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM JUNE 11, 1991 7:00 P.M. This agenda is prepared and posted pursuant to the require- ments of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be tak- en shall include: A referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk, available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. RULES OF. PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comment: Proclamations: California Peace Officers Association "Special Olympics Torch Run Days", 6/17 6/18/91; "Zoo and Aquarium Month", June, 1991 COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be enforced: A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any Council Member, commissions and staff. A. COMMITTEE REPORTS (The following represents ad hoc or standing committees. Informative status be ill w reports given, as felt p necessary. ) : ) 1. S.L.O. Area Coordinating Council/North Coastal Transit 2 Solid/Hazardous Waste Management Committee 3. Recycling Committee 4. Economic Opportunity Commission 5. City/SchoolCommittee 6. Traffic Committee 7. Downtown Interim Sign Committee 8. County Water Advisory Board 9. Economic Round Table 10. B.I.A. 11. Colony Roads Committee 12. County-wide Fee Study B. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are consid- ered to be routine, and will be enacted by one motion in the form` listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. MAY 28, 1991 CITY COUNCIL MINUTES • 2. RESOLUTION NO. 45-91 - ENDORSING THE DESIGNATED DRIVER PROGRAM • AND COMMENDING THOSE PARTICIPATING 3. AWARD BID #91-7 - PURCHASE OF 12-PASSENGER RECREATION VAN 4. RESOLUTION NO. 43-91 - CREATING A POLICY RELATED TO CAPITAL PROJECT FUNDING (Cont'd from 5/28/91) 5. RESOLUTION NO. 46-91 ADOPTING AN AMENDED CITY CONFLICT OF INTEREST CODE C. HEARINGSIAPPEARANCESz 1. ZONE CHANGE 03-91 (City of Atascadero) (Cont'd from 5/28/91) A. Ordinance No. 222 - Amending Section 9-3.651 (Establish- ment of Planned Development Overlay Zone No. 7) of the Zoning Ordinance by the addition of development standards (Recommend motion to waive reading in full and approve on first reading by title only. ) D. REGULAR BUSINESS• 1. FISCAL IMPACT ANALYSIS STUDY (Cont'd from 5/28/91) • A. Resolution No. 38-91 - Authorizing the execution of an agreement with Crawford, Multari & Starr to develop a computerized Fiscal Impact Model B. 1991 Central Coast Section APA Award 2. WEED ABATEMENT BID CLARIFICATION (Cont'd from 5/28/91) 3. RUSSIAN STUDENTS EXCHANGE - REQUEST FOR FINANCIAL SUPPORT 4. AUTHORIZE AGREEMENT FOR IMPROVEMENTS ON A PORTION OF SANTA CRUZ ROAD 5. GENERAL PLAN AMENDMENT 2A-91, 905 EL CAMINO REAL - Request to change land use designation from Retail Commercial, Recrea- tion, and Suburban Residential to Commercial Park and Recreation (Daven Investments/Cosmic Astro Corporation/Guy Greene) 6. AUTHORIZATION TO PURCHASE EARTHQUAKE INSURANCE 7. LETTER FROM COUNTY ENGINEER RE: COUNTY MASTER WATER PLAN UPDATE PRESENTATION 8. PROPOSED NORTH COUNTY ANIMAL CONTROL PROGRAM (Verbal) • 3 E. INDIVIDUAL. DETERMINATION ANDIOR ACTIONS 1. City Council 2. City Attorney 3. City `Clerk 4. City Treasurer S. City Manager (Out of town Vacation, June 12 through June 17) * NOTICE: THE CITY COUNCIL WILL ADJOURN TO WEDNESDAY, JUNE 19, 1991, FOR THE PURPOSE OF CONDUCTING A PUBLIC HEARING TO RECEIVE AND DISCUSS COMMUNITY AGENCY FUNDING REQUESTS RELATIVE TO THE 1991-92 BUDGET. SAID HEARING WILL BE HELD IN THE ROTUNDA ROOM, FROM 3:00 TO 5:00 P.M. 4 i P R O C L A M A T I O N California Peace Officers' Association "SPECIAL OLYMPICS TORCH RUN DAYS" June 17-18, 1991 WHEREAS, Special Olympics provides participants with the opportunity for successful experiences in sports, which develops confidence and builds a positive self-image; and WHEREAS, On June 17th and 18th, the Special Olympics torch will be run through San Luis Obispo County on its way from Sacra- mento to UCLA for the California State Special Olympics Games; and WHEREAS, Men and women from the various law enforcement agen- cies in the County, including the City Police, County Sheriff, California Highway Patrol, State Parks and Beaches and others, will be carrying the torch to raise funds for Special Olympics; and • WHEREAS, a special ceremony will be held on June 17th at 12:30 p.m. at the Atascadero Police Department to celebrate the efforts of these peace officers as the torch comes through our City; NOW, THEREFORE, The Atascadero City Council hereby declares June 17th and 18th as, "Special Olympics Torch Run Days" and urges all citizens to give their support to this unique and highly beneficial program, which gives the developmentally disabled their best opportunity to experience athletic competition and share in a mainstream community event. ROBERT B. LILLEY, Mayor City of Atascadero, CA June 11, 1991 • • • especial Olympics of SancLuis Obispo Countj* P.O. BOX 1164 • SAN LUIS OBISPO • CA 93406 • (805) 544-6444 M OFFICERS AND May 29 , 1991 BOARD OF DIRECTORS PRESIDENT GREG COATES r J Robert Lilli VICE PRESIDENT Mayor GUY PAUL HACKMAN Atascadero City Hall 6500 Talma SECRETARY Atascadero , CA 93422 PHIL GAMMONS Dear Mayor Lilli : TREASURER FRED RUSSELL On June 17th and 18th the Special Olympics torch will be run through San Luis Obispo county on its way from Sacramento to UCLA for the California State Special Olympics Games . Men and women from various law enforcement agencies in the JAN BECKHO HADJIAN county including the City Police , County Sheriff, California DICKBLx Highway Patrol , State Parks and Beaches and others will be • DOUG FI IPPONI RG carrying the torch to raise money ' for Special Olympics . DOUG FILIPPONI JIM GARDINER We will be holding a special ceremony on June 17th at JEFFREYHERTEN 12 : 30 pm at the new Police Station to celebrate the efforts MIKE HESSER of these peace officers as the torch comes through ROB ROSSI Atascadero . We are hoping that you can join us in LINDA SHEPHARD presenting a proclamation announcing the two days as the California Peace Officers ' Association Torch Run days . DIRECTOR EMERI"IR;S Please let us know ( 544-6444) whether or not you will be VICrORIAL. SACKSTEDER able to join us for the ceremony . Thank you for your past and continued support of Special Olympics . Sincerely , AREA DIRECTOR Y2-1-jljja� MARY ELLEN GIBSON Mary Ellen Gibson Area Director • Created by The Joseph P. Kennedy Jr. Foundation Authorized and Accredited by Special Olympics, Inc. PROCLAMATION "ZOO AND AQUARIUM MONTH" JUNE 11, 1991 WHEREAS, The zoological parks and aquariums of North America provide important cultural and recreational experiences for over 115, 000, 000 people each year; and WHEREAS, Their commitment to education fosters and enriches the appreciation of wildlife in over 20,000,000 school children each year; and WHEREAS, They have become refuges and sanctuaries vital to the conservation of the world' s vanishing wildlife; and WHEREAS, They actively conduct research to better care for and preserve the diverse wildlife of the planet; and WHEREAS, Zoos and aquariums serve the needs of both humans and wildlife by bringing people and animals together, thereby adding to human awareness, understanding, concern and commitment to wildlife; • THEREFORE, be it known that I, Robert Lilley, Mayor of the City of Atascadero, do hereby proclaim the Month of June, 1991 as, "ZOO AND AQUARIUM MONTH" in the City of Atascadero. FURTHERMORE, Atascaderans are urged to recognize and take pride in the great achievements of the many members of our City staff, Zoological Society and community for their hard work in having recently obtained national accreditation of the Charles Paddock Zoo, signifying the maintainence of the highest profes- sional standards in this type of facility. ROBERT B. LILLEY, Mayor City of Atascadero, CA June 11, 1991 MEE',",'. AGENDA DATE: 6/.11491 ITEM# ATASCADERO CITY COUNCIL MINUTES MAY 28, 1991 Mayor Robert Lilley called the meeting to order at 7:05 p.m. Councilman Dexter led the Pledge of Allegiance. ROLL CALL• Present: Councilmembers Nimmo, Shiers, Dexter and Mayor Lilley Absent: Councilwoman Borgeson Also Present: Muriel Korba, City Treasurer and Lee Dayka, City Clerk Staff Present: Ray Windsor, City Manager; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Steve DeCamp, City Planner; Greg Luke, Public Works Director; and Bud McHale, Police Chief CITY COUNCIL COMMENT: • Mayor Lilley reported that financial help was being solicited to assist with the Soviet Union Student Exchange Program. He recognized the City was struggling with a tight economy and asked staff to look into whether or not aid could be given. In addition, the mayor indicated that he had received calls in opposition to the City' s purchase of the "E.G. Lewis Desk" . He stated that it was his hope that the Council would receive private and public support for this acquisition. Other members of Council noted that they, too, had received public comments on this matter. Introduction of Atascadero City Hall Volunteers Mayor Lilley introduced and extended a debt of gratitude to the following citizens who are contributing their time and efforts, on a volunteer basis, to the City' s Information Office: Martha McCutheon Irene Bishop Marj Mackey Thelma Tibbals Sandye Tillson Betty & Jim Terrell The City Manager acknowledged Alicia Lara, Personnel Coordinator CC5/28/91 Page 1 and Georgia Ramirez, Administrative Secretary, who had implemented and are supervising this program. PROCLAMATION: Mayor Lilley read the proclamation for Tri-Counties Small Business Opportunity Day", June 11, 1991. COMMUNITY FORUM: There were no public comments. A. COMMITTEE REPORTS (The following represents ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. Recycling Committee - Councilman Shiers reported that the committee had met and deferred to Item #C-3 regarding the Green Waste Recycling Program. 2. Economic Opportunity Commission - Councilman Dexter indicated that this commission would be hosting a special recognition program for E.O.C. 's volunteers in the near future. 3. City/School Committee- Councilman Dexter reported that this committee had met and discussed a cooperative effort to maintain, despite budget cuts, the School • Resource/D.A.R.E. Officer. 4. Traffic Committee Councilman Dexter gave a brief overview of the committee' s purpose and reported that they had met and discussed seven items. 5. Downtown Interim Sign Committee - Mayor Lilley reported that visual and written materials were being put together in the form of a pamphlet to highlight the committee' s proposal for signing and the use of awnings in the . downtown business district. Input, he said, from business owner' s was being solicited. 6. Economic Round Table - Mayor Lilley announced that P.G.&E. was hosting a retreat for the purpose of focussing on the committee' s mission on June 8, 1991. 7 . Colony Roads Committee - The City Manager indicated that the Clerk had received and distributed a status report from Mary Gayle, Assistant City Attorney (see Exhibit A) . CC5/28/91 Page 2 Additional Council Comments: iMayor Lilley announced that he had attended the kick-off of the county-wide "Designated Driver Program" and reported that a proclamation recognizing those who were participating in the program would be on the next agenda. Councilman Nimmo reported that he had attended a hearing held at City Hall by the County committee charged with devising the plan for implementing the collection of developer fees for the County for capital improvements. He noted that he had voiced opposition to the County' s plan to require the cities to collect additional building fees imposed for capital improvements that may or may not be of benefit to the City. The City Manager indicated that the concept does not sit well with county-wide city managers. B. CONSENT CALENDAR: Mayor Lilley read the Consent Calendar as follows: 1. MAY 14, 1991 CITY COUNCIL MINUTES 2. CONSOLIDATED TREASURER'S REPORT - APRIL, 1991 3. REQUEST TO SEER BIDS FOR WASTEWATER EQUIPMENT REPLACEMENT 4. RESOLUTION NO. 41-91 - ESTABLISHING NEW ROAD NAMES ("PRADO • LANE" AND "CHANDLER LANE") FOR TWO ROADS CURRENTLY NAMED "SAN RAFAEL COURT" (Road Name Change 01-91) 5. RECONSIDERATION OF THE CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 22-90 6. MODIFICATION OF CONDITION OF APPROVAL FOR TENTATIVE PARCEL MAP 12-89, 10785 EL CAMINO REAL (Colombo/North Coast Engineering) 7 . FISCAL IMPACT MODEL, PHASE II 8. RESOLUTION NO. 43-91 - CREATING A POLICY RELATED TO CAPITAL PROJECT FUNDING 9. RESOLUTION NO. 44-91 - AUTHORIZING MODIFICATIONS TO AGREEMENTS WITH JOHN WALLACE & ASSOCIATES REGARDING PROFESSIONAL SERVICES PROVIDED FOR THE SYCAMORE ROAD BRIDGE AND THE LEWIS AVENUE BRIDGE PROJECTS 10. AWARD OF BID #91-6 FOR PERFORMANCE OF ANNUAL WEED ABATEMENT Mayor Lilley pulled Item #7 to receive an opinion from the City Attorney. The City Manager pulled Item #8 to request a CC5/28/91 Page 3 continuance. The City Treasurer pulled Item #10 for clarification of rates. MOTION: By Councilman Nimmo, seconded by Councilman Shiers to approve the Consent Calendar, Items #B-1, 2, 3, 4, 5, 6, and 9; motion carried unanimously by roll call vote. Re: Item #B-7 . FISCAL IMPACT MODEL, PHASE II Mayor Lilley proposed continuing this matter until the City Attorney' s opinion had been rendered. MOTION: By Councilman Dexter and seconded by Councilman Nimmo to continue Item #B-7; motion carried 4:0. Re: Item #B-8. RESOLUTION NO. 43-91 - CREATING A POLICY RELATED TO CAPITAL PROJECT FUNDING The City Manager requested continuing this matter until the next meeting. MOTION: By Councilman Dexter and seconded by Councilman Shiers to continue item #B-8 until the next regular meeting; motion passed 4:0. Re: Item #B-10. AWARD OF BID #91-6 FOR PERFORMANCE OF ANNUAL WEED ABATEMENT (Recommendation: To award the contract for hand work and tractor work to Vines of Life Landscape Care) , Micki Korba, City Treasurer, brought attention to the fact that the apparent low bidder' s 1/2 hour rate was lower than the full hourly rate. The City Manager urged Council to award the bid and direct staff to clarify the question. MOTION: By Councilman Nimmo and seconded by Councilman Shiers to approve the award of the bid subject to clarification of half-hour/hourly rates and to direct staff to report back at the next regular meeting; motion carried 4:0 by roll call vote. C. HEARINGS/APPEARANCES: 1. ANNUAL WEED ABATEMENT - PROTEST HEARING Mayor Lilley opened the public hearing. Public Comments: Tom Bench, 7503 Carmelita Avenue, objected to the abatement notice CC5/28/91 Page 4 • he had received reporting that he had cut the weeds one week prior to the inspection. The City Manager indicated that the matter • would be clarified and that he personally would get back in touch with Mr. Bench. Paul Miller, resident of Templeton, complained about the previous year' s abatement. He disputed the administrative charge and the hourly rate. MOTION: By Councilman Nimmo, seconded by Councilman Shiers to order the Fire Chief or his authorized representative to abate the nuisance of noxious or dangerous weeds on the lots identified in Resolution No. 30-91; motion unanimously carried. 2. ZONE CHANGE 03-91 (City of Atascadero) A. Ordinance No. 222 - Amending Section 9-3.651 (Establish- ment of Planned Development Overlay Zone No. 7) of the Zoning Ordinance by the addition of development standards (Recommend motion to waive reading in full and approve on first reading by title only. ) Steve DeCamp, City Planner, gave the staff report. He recommended a change in language in the proposed "Standard H" as follows: "Two story residences shall have a second floor that is limited to 75% of the habitable area of the first floor inclusive of the garage. " • Councilman Nimmo asked Mr. Decamp whether or not the planned unit development nearing completion on Sinaloa Avenue would have been precluded if the 1/2 acre minimum was in force. The City Planner stated that it would have. Lengthy discussion followed regarding the proposed half-acre minimum lot size. Mayor Lilley shared concern for the protection and preservation of multiple family dwellings. He pondered whether the Council has the right to impose lifestyle standards and warned against assuming that all residents desire the amenity of home ownership. Responding to a question from Councilman Nimmo on a minimum number of homes per planned development, Mr. DeCamp suggested a minimum of four, but indicated that he would prefer six to eight. Mr. Nimmo proposed that a standard setting the minimum of four homes with the applicable set-backs be used to dictate the size of lot, rather than specifying that the lot must be 1/2 acre. Public Comments: Warren Miller, 5805 Cascabel, stated that he currently had an CC5/28/91 Page 5 application pending for a planned unit development. This project, he said, would be eliminated if the 1/2 acre minimum lot size was imposed. He opposed this standard because he believed it would undermine the concept of affordable housing. Deborah Hollowell, Cuesta Engineering, favored Councilman Nimmo' s suggestion of using a minimum number of units and was supportive of the revision to "Standard H", as proposed by staff. Eric Greening, 7365 Valle, asked that consideration be given for "meaningful" yard space. He proposed a standard of requiring that at least one-third of the yard receive at least three hours of sunlight to ensure yards that can be fully used by the residents. Whitey Thorpe, 8205 Santa Ynez, opposed the 1/2 acre minimum, asserting that practicality is more important than a set size. Council comments followed. Councilman Nimmo stated that he was prepared to limit units to four, but was no agreeable to setting a 1/2 acre minimum. Councilman Shiers indicated that he favored the 1/2 acre minimum lot size for the parent lot because it would protect and preserve the supply of rental stock. He added that PD' s recently built are not "affordable" . Councilman Dexter also shared concern for saving the "bank" of rental housing and asked Mr. DeCamp if a variance or a minimum lot square footage could be applied. The City Planner advised against the use of a variance in regard to planned unit developments and further explained that "Standard G" addresses unit size to lot size. Mayor Lilley asserted that the Council is obligated to balance the rental stock and proclaimed that he was not in favor of the 1/2 acre minimum lot size. He added that he did not have any problems with all other proposed standards. Mr. DeCamp noted that the 1/2 acre standard is less significant compared to other standards and if deleted, the ordinance could be workable. Mayor Lilley recognized the absence of Councilwoman Borgeson and entertained a motion to direct staff to prepare an alternative ordinance deleting the 1/2 acre minimum standard and bring the matter back when a full Council was present. MOTION: By Councilman Nimmo and seconded by Councilman Shiers to continue the matter until the next meeting with an alternative draft ordinance for further public hearing CC5/28/91 Page 6 and decision; motion passed unanimously. • The City Manager announced the matter would be again before Council on June 11, 1991. 3. URGENCY ORDINANCE - UTILITY TRANSMISSION FACILITIES (City Council-initiated) A. Ordinance No. 224 - An interim ordinance of the Council of the City of Atascadero amending the Zoning Ordinance by requiring Conditional Use Permits for the installation of certain previously allowed utility transmission facil- ities within residential zones (Recommend motion to waive reading in full and adopt on first reading by title only -- Urgency Ordinance requires a 4/5 vote) Mayor Lilley noted that a letter had been received from Wayne E. Cooper of Pacific Gas & Electric Company outlining their position regarding jurisdiction to regulate design and site location of public utility facilities and suggested, in light of this, that the matter be continued. The City Manager reported that the reason behind the urgency ordinance was to give the City something on the books to address the issue that brought the matter to light (GTE cellular transmission facility) , clarifying that this action does not affect • PG&E. He indicated that, having conferred with Mr. Cooper and the City Attorney, he believed adoption of the urgency ordinance would be in the best interest of the City. Within the forty-five days in which the ordinance would be in affect, Mr. Windsor remarked, staff would work with PG&E in preparing the permanent ordinance and addressing their concerns. There were no public comments. MOTION: By Councilman Nimmo and seconded by Councilman Shiers to adopt Ordinance No. 224 as an urgency measure; motion carried 4:0. Mayor Lilley called a recess at 8:55 p.m. Meeting reconvened at 9:17 p.m. D. REGULAR BUSINESS• 1. REQUEST TO CONSIDER DIAL-A-RIDE EXPANSION - PRESENTATION BY SLO COUNTY Richard Randise, representing San Luis Obispo County, presented the request for Dial-A-Ride service to Templeton. He reported that the CC5/28/91 Page 7 County would budget $10,000 toward a trial period. Responding to the mayor' s inquiry, Mr. Randise indicated that a . similar proposal had been given to the City of Paso Robles and that the ultimate goal would be for both cities to provide service to and from Templeton. Councilman Shiers voiced concern for deterioration of the level of service currently being given to Atascadero due to the added service. Mr. Randise explained that the County was recommending that the additional runs be scheduled during off-peak hours and that the first priority would be with the City. The City Manager indicated that conceptual endorsement was being requested of Council and reported that staff would then proceed to prepare an in-depth report with a cost analysis. Greg Luke, Public Works Director, reiterated that the costs associated with the pilot program would be paid by the County and emphasized that the City could terminate the service if it did, in fact, impact current level of service to the community. MOTION: By Councilman Shiers and seconded by Councilman Dexter to support, in concept the extension of Dial-A-ride service to Templeton; motion unanimously carried. Public Comment: Eric Greening spoke in support of the proposed extension of service pointing out that presently there is very limited north-bound transit service. 2. PAVILION PROJECT STATUS REPORT (Verbal) A. Request to approve Change Order #1 Mr. Windsor brought attention to a correction on the change order, explaining that the total cost savings would be $122,800 rather than $124,700. The Public Works Director presented a status report on the construction and highlighted the changes which resulted in the cost savings. He reported that the projected completion date. was February 1, 1992 and explained that he would be providing Council with monthly work schedules to allow accurate tracking of the project. In addition, Mr. Luke noted that he anticipated a cost of approximately $10,000 in concrete work and pointed out that irrigation plumbing could be retrofitted for serving future landscaping. ccs/28/91 Page 8 MOTION: By Councilman Shiers and seconded by Councilman Dexter to • approve the amended Pavilion Change Order No. 1; motion unanimously carried. 3. STATUS REPORT ON THE GREEN WASTE RECYCLING PROGRAM The Public Works Director presented the status report and recommended that the Green Waste Recycling Program be extended from June to September free of charge to Wil-Mar customers. In addition, he explained that Wil-Mar had indicated willingness to not only continue this service but to share the cost of public education and advertising on a 1: 1 basis. The City Manager pointed out that no additional appropriations would be necessary. Public Comment: Eric Greening contended that he was not in favor of drop-off sites for green waste because it would increase automotive trips and be difficult for those who do not drive. The Public Works Director clarified that residential pick-up would not be eliminated and that drop-off sites would be a supplement to the present service. Mr. Greening indicated that he understood and thanked Mr. Luke for his explanation. • Councilman Shiers pointed out that the public also has the option to drop off full pick-up loads at the Dirtman' s site. By common consensus, the City Council gave authorization to (1) Extend the existing Green Waste Recycling Program from June to September free of charge to Wil-Mar customers, and (2) To share the cost of public education and advertising with Wil-Mar on a 1:1 basis. 4. REQUEST FOR SUPPLEMENTAL SUPPORT FOR COUNTY'S SPAY/NEUTER PRO- GRAM The City Manager introduced the subject noting that staff ' s recommendation to deny the County' s request for additional funds was not an argument against the importance of the spay/neuter program, but rather a concern for the General Fund. There were no public comments. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to not approve augmenting the current level of $9,000 for Fiscal Year 1990-91; motion passed 4:0. CC5/28/91 Page 9 S. PUBLIC WORKS DEFERRED IMPROVEMENT AGREEMENTS (City Attorney) The City Attorney asked Council to confirm staff 's approach and • direct staff to continue their pursuit of construction or payment for required improvements. There were no questions from Council and no public testimony. MOTION: By Councilman Dexter, seconded by Councilman Nimmo in accord with recommendations from the City Attorney to direct staff to continue and get back to Council with recommendations as to bonding and other security changes deemed appropriate for consideration; passed 4:0. 6. PROPOSED CHAMBER SIGN ORDINANCE REVISION (Mayor Lilley) Mayor Lilley indicated that Council had not given specific direction regarding the Chamber of Commerce' s draft sign ordinance and asked that this matter be addressed. Mr. Windsor, referred to Henry Engen' s Report to Council dated 3/26/91 and read a portion of the Zoning Ordinance. He recommended that Council direct staff to develop its , own report, based upon the proposed ordinance, with recommendations to the Planning Commission. He continued that the Commission would then hold a public hearing and, as a result, staff would then come back to the Council with their own recommendations based on input received from that hearing. Mr. Windsor noted that this was in concurrence with Alternative #2 of Mr. Eng e ' s n report. Public Comment: Whitey Thorpe, 8205 Santa Ynez, suggested that the Council not let anyone mess around with the present ordinance because it is good enough as it is. MOTION: By Councilman Nimmo and seconded by Councilman Shiers to direct staff to take the Chamber's draft proposal to the Planning Commission for recommendation as to whether to initiate a text amendment; motion carried 4:0. 7 . SET BUDGET HEARING DATES Mark Joseph, Administrative Services Director, suggested dates. By common consensus, Council agreed to review the proposed Fiscal Year 1991-92 Budget on Tuesday, June 11, 1991 at 5:30 p.m. (prior to the regular meeting commencing at 7:00 p.m. ) and to meet on Wednesday, June 19, 1991 from 3:00 p.m. to 6:00 p.m. to receive and review community agency funding requests. CC5/28/91 Page 10 Council also agreed that if a third meeting was necessary, a • date certain would be announced. Mr. Joseph indicated that staff would tentatively schedule formal adoption of the budget for the regular meeting to be held on June 25, 1991. E. INDIVIDUAL DETERMINATION ANDIOR ACTION: 1. City Council Mayor Lilley acknowledged Councilman Dexter's attendance at the Veterans of Foreign Wars Memorial Service held on May 27th, 1991 and presented to the City Manager for appropriate display the M.I.A.P.O.W. flag received from the VFW. Councilman Dexter noted that a recent newspaper article reported that there are still over 7, 000 service men and women unaccounted for. Councilman Shiers reported that he had received correspondence regarding "Nacimiento Water" asking for some direction from Atascadero. He suggested that Council may wish to discuss this matter. Mayor Lilley added that he, too, had been asked where the Council stands on this subject as well as "State Water" . He asked the City Manager to communicate with Atascadero Mutual Water Company for a response regarding both issues and bring this back as an agenda item. Mr. Windsor pointed out that the original master plan as well as the updated master plan for the water district, as part of the City' s General Plan, indicates both as priorities. He stated that he would send a letter asking what the water company' s current position is and what action they intend to take. In addition, the City Manager announced that the Council is on record by resolution to the Board of Supervisors urging communication with Monterey County over the allocation from Nacimiento Lake. (Resolution No. 6-91) . Mayor Lilley announced that he would be participating in a television program to be aired on the following day on Channel 15. He reported that the owner of the station is very interested in programming local events in the City of Atascadero and indicated he personally would follow-up in an effort to take advantage of this kind of promotion for community events. 2. City Attorney Art Montandon requested a closed session for the purpose of discussions relating to current litigation, O'Keefe v. City of Atascadero. He asked that the session be held at the end of the meeting and noted that it would require a unanimous vote by the CC5/28/91 Page 11 Council. 3. City Clerk - None. 4. City Treasurer - None. 5. City Manager Mr. Windsor reported that he had distributed an opinion from the City Attorney regarding American Classics' freeway signage. He explained that he had not formally notified the business of the opinion and asked for authorization to do so. By common consensus, Council gave such approval. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to adjourn to closed session for the purpose of discussions relating to litigation, O'Keefe v. City of Atascadero; motion passed 4:0. The open session was adjourned to a closed session at 10:21 p.m. MOTION: By Councilman Nimmo, seconded by Councilman Shiers to adjourn back into open session and adjourn the meeting; motion unanimously carried. THE MEETING WAS ADJOURNED AT 10:32 P.M. THE CITY COUNCIL WILL MEET TO REVIEW THE PROPOSED FISCAL YEAR 1991-92 BUDGET AT 5:30 P.M. ON TUESDAY, JUNE 11, 1991. MINUTES RECORDED D PREPARED BY: i LE DAYKA) RAB IN, City Clerk Attachment: Exhibit A - Colony Roads Status Report from Mary Gayle, Burke, Williams & Sorensen CC5/28/91 Page 12 'I 05,- 28/91 15'-59 $ 805 482 9834 EWS UENTURA CO. 02 CC5/28/91 EXHIBIT "A" • BLTHI{N, W YLLY MS 4�C SOJ,?HC N:SY.N �DIJ t [iN-r c:r7!',n r.l•+ivt n r1ANGE COUNTY Orri c:[ .tulle r L05 ANC.;r 8 V�FItL (:ISTII 5:'I4dET, SUITE L tJ .i2^:: 9R15T: :IHLt7 CAMARILLO, ('ALIFGRNIA 5330101 LWEFT C5 AGE .F: �, t;M IF bCY NIA 06C'7 ?.UfTE (340 CAI.IFOi7Nl4 �2Ct 2�± [9r?`:,} f-111! .f4 c•.11 (e'!3) i71a) Sa5.555 r. T__ECo Pt( w'. (i+i:'•,I bFe:: is tl�4 ItLECCArE R: (?)31 ?1 A•:7Ah R EC 'E' IV E D IJAY 2 81991 May 28 , 1991 ATASCADERO CITY CLERK FACSIMILE TRANSMISSION ORIGINAL TO FOLLOW Direct Line: 805-9873468 File Number: 02352-004 The Honorable Mayor Robert Lilley and Honorable Councilmembers • City of Atascadero City Hall Atascadero, California Re: Status Report on Road Review Dear Mayor Lilley and Councilmembers, Last week, I spent the better part of three days in the San Luis Obispo County Clark's office reviewing official records related to the road matter in the City. This letter will serve as a status report and reassessment of the tasks required in order to assist the City in its selection of road dedications anticipated to be received from Wells Fargo Bank and the current Trustee of the remnants of the holdings of E.G. Lewis. A. To date, I have completed the following: 1. Grantor Indexes and Actual Deeds for Years. 1921-1930 - Requires Looking at Actual Deeds Because There Is No Grantor Index: I have examined portions of these records. These are those contained on the oldest reels of microfilm in the official records. One can 05/28/91 15:59 a 8.05 482 9834 BWS VENTURA CO. 03 Atascadero Mayor and Council May 28, 1991 Page 2 • only work at these reels about two hours at a time because of their poor quality. I have examined about 350 pages and estimate that there are about 600-1000 pages yet to examine. Not every page contains a deed from Lewis to a buyer but, because there is no index, each document must be examined to determine the name of the grantor. 2. Grantor indexes and Actual Deeds for Years 1930-1944: I have examined the grantor index to compile a list of deeds granted by Oscar Willett (the first trustee) , Paul Bone (Trustee of a separate trust Willett set up) and Anglo American National Bank (after foreclosure on portions of the Lewis property) to certificate holders in the scheme set up by Willett to reimburse Lewis0s creditors. Of the approximate 1939 pages of deeds, I have examined 232 pages and recorded the information. • 3 . 1 have formulated a strategy for recording the information learned from the deeds in both graphic and file form which is readily usable and easily understood. 4 . I have begun recording on the City map those deeds examined and, where applicable, grants of any rights in streets, roads, alleys, streambeds, minerals or related portions of property. B. I have yet to examine the following records: 1. For Year 19211930: The remainder of the reel described in jA1 above. 2. For Year 1930-1944: Examine the Willett/Bone/Anglo deeds not yet examined (approximately 1700 pp. ) and the Grantor index and deeds from Jesperson during this period (number unknown at this time) . 3 . For years 1945- to present: Examine the Grantor indexes and all deeds listed therein from Jesperson, Elmer Lee and Gordon Davis to property owners in the original Atascadero subdivisions created by Lewis 05/28/91 15:00 $ 305 482 9834 BWS VENTURA CO. 04 At.ascadero Mayor and Council May 28, 1991 Page 3 (the number of deeds here is unknown, but my review of Court records for Lee and Davis (none are avilable► for Jesperson) leads me to believe that there will be no more than 754-1000 deeds) . 4 . Complete graphic and file recording of those deeds examined and, where applicable, grants of any rights in streets, roads, alleys, streambeds, minerals or related portions of property. I am sure that you are, like I am, overwhelmed at the scope of the project which has been uncovered in the two weeks since I last reported to you. I am doubtful that we can bring the project to completion within the scope of the estimated cost I gave you on May 14, but I have a plan to reduce the cost to the barest minimum. To date, the research begun after May 14, 1991 has consumed about 22 hours of my time. Up until I completed last week's work, my active work on the research was necessary to plan the approach and determine that the desired results could be achieved. At this point, we believe that we can bring our paralegal up to San Luis to do the research. After one day's training with me, we believe she can adequately review the documents listed above. Her billing rate is $80 an hour and we would accomplish twice as much work at a little over half the cost by using her. We would need to charge her expenses for hotel and meals during her stay, but would not charge for her travel time. I estimate that that would bring the true billing rate to $92 per hour as opposed to the $150-175 we are charging for my services on this matter. Under our present authorization, no action is needed by the Council until your June 11 meeting unless you want to stop the work at this point. I will continue to give you regular reports on the progress so that you will know at regular intervals what has been done on the project and what remains to be done. 05123{91 16:01 $ 805 482 3834 BWS VENTURA CO. 05 . P Atascadero Mayor and Council May 28, 1991 Page 4 I would be pleased to respond to questions or comments from the. Council as you request. If I am not advised to the contrary, I will proceed with putting the above-described plan of action into effect with Ms. Coon commencing her work on or about the first or second week of June. Cordially, Mar R dus Gayle of HURKE, WILLIAMS & SORENSEN MRG:lvc cc: Ray Windsor Henry Engen Greg Luke Arther R. Montandon, Esq. MEETI AGENDA DATE E L l 1/91 ITEM# B_.?..._.. RESOLUTION NO. 45-91 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ENDORSING THE DESIGNATED DRIVER PROGRAM AND COMMENDING THOSE PARTICIPATING WHEREAS, The North County Designated Driver Program was offi- cially launched by the Cities of Paso Robles and Atascadero, in conjunction with the California Highway Patrol, on Tuesday, May 21, 1991; and WHEREAS, The goal of this program is to provide alternative means of transportation for those persons who would otherwise have to drive under the influence of alcohol; and WHEREAS, The City Council heartily supports this effort to further reduce incidents of drinking and driving and wishes to extend deep appreciation to Marigrace Convertino-Waage of M.A.D.D. , Ron Ghan, Branch Manager of Anheuser-Busch/Pacific Beverage in Santa Margarita, and Lieutenant John Barlow of the Atascadero Police Department for their leadership and ongoing efforts to make this program a success; and • WHEREAS, The City Council wishes to additionally recognize and commend the following local businesses for their participation in the Designated Driver Program: 1. McCarthy' s Bar and Grill 2. Rogue's Den 3. Club Soda 4. The Dugout S. The Hillhouse Restaurant 6. Country Touch Cafe 7. The Half-Way Station 8. E1 Toro Restaurant 9. Players Restaurant NOW, THEREFORE, The City Council of the City of Atascadero urges every north County resident to participate when and where appropriate in the Designated Driver Program so that we may become the role model for driver safety whenever alcohol is consumed. On motion by Councilmember , seconded by Council- member , the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: NOES: �"` ABSENT: Resolution No. 45-91 Page 2 ADOPTED: CITY OF ATASCADERO, CA By: ROBERT B. LILLEY, Mayor ATTEST: LEE DAYKA, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney APPROVED AS TO CONTENT: • RAY WINDSOR, City Manager REPORT TO CITY COUNCIL AGENDA ITEM: B-3 CITY OF ATASCADERO THROUGH: Ray Windsor, City ManagerMEETING DATE: 6/11/91 Ch FROM: Andrew J. Takata, Director </ Department of Community Services SUBJECT: BID NUMBER 91-7 - 12 PASSENGER VAN PURCHASE RECOMMENDATION: Staff recommends the City Council award Bid Number 91-7, in the amount of $16,558.26 to: Capitol Ford, Inc. 919 West Capitol Expressway San Jose, California 95136 (408) 265-6000 DISCUSSION: • Of six bids received, Capitol Ford was the lowestr' $16,558.26 p ice at BACKGROUND: The 1980 Ford van (#E2IGHHD3368) , now utilized by the Department of Community Services, is considered obsolete, and recommended by staff for surplus. The van would also require major modification to meet California Highway Patrol codes for passenger transport. FISCAL IMPACT: Funds sufficient to fund this purchase have been allocated for fiscal year 1990/91 AJT:kv ;van • Attachment - Proposals received City Clerk Summary TO: Andy Takata BID_SUMMARY Director of ommunity Services FROM: Lee Dayka City Cle BID NO. : 91-7 OPENED : 5/22/91 2:00 A.M. PROJECT: 12-Passenger Van The following proposals were received and opened as follows: Bidder Year/Model Total Price Discount ,,Capitol Ford, Inc. Not specified $16,558.26 None 919 West Capitol Exp'way 9 San Jose, CA 95136 Ted Miles Jeep-Eagle ' 90 Dodge Ram 350 16,632. 13 None 7380 E1 Camino Real Atascadero, CA 93422 Hysen-Johnson Ford Not specified 17,282.24 None P.O. Box 3759 • San Luis Obipso, CA 93403 Rancho Grande Motors ' 91 Rally G3500 18, 155. 00 .5% 1404 Auto Park Way San Luis Obispo, CA 93401 Johnson Ford/Linc./Merc. ' 91 Ford Clubwagon 18,394.90 None 45640 23rd St. W. Lancaster, CA 93536 Atascadero Ford ' 91 Ford Clubwagon 18,495.94 None 3850 E1 Camino Real Atascadero, CA' 93422 Attachments: 6 proposals c: Cathy, Finance City of Atascadero BID RESPONSE FORM Request for Bid #9i-07 In response to your bid invitation and in accordance with your conditions and specifications, we agree to furnish and deliver a 12-passenger van to the City of Atascadero Community Services Department, located at 6500 Palma Avenue, Atascadero, California, as specified, for the bid price quoted below. ----------------------------------------------------------------- 1 Each 12-Passenger Van Subtotal $ 15621 Sales Tax 937.26 ---------------- TOTAL 16P558.26 Address of local service facility: ---------------- Nearest Ford Agency Parts delivery schedule: • To the CITY PUR SI AGENT: C,P� 1 In complian with the a ove invitati n for bid , and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 60 days from the date of the opening , to furnish any or all of the items upon which prices are quoted , at the price set opposite each item, delivered at the point as specified and , unless otherwise specified within fifteen days after receipt of order . Discount of net-% will be allowed for payment within 30 days from date of delivery. Order must be received no later than June 15, 1991 for a 1991 Buil Sidder..9a itol Ford ------------- RURT-I------------- - ------ord IncI -------- IMPORTANT_I_NSTRUCTI�NS_TO_BIDDER Bids must be sealed and By__ _ � -�-___addressed to : ( u orized signatur Tit l.e_V_ice_Pre_s2_N_t1_F.1t _.],rotor City of Atascadero City Clerk Phone:_408_265=59QQ_--_________ 6500 Palma Avenue Address_9-Lg_WeEt-C .piD1-Ex;:rPs way Atascadero , California 93422 Bid #91-07,5/22/91 ,2:00 pm Date: M�,X_21}_1991_ PLEASE STAPLE ANY ADDITIONAL INFORMATION TO THIS RESPONSE SHEET. • Powertrain coverage After the basic coverage ends, Your warranty provides you with l El continuing coverage on your r/'. �/ vehicle's powertrain parts. r✓�` /� NOTE: You are responsible for proper maintenance of your vehicle as indicated in the Maintenance Schedule of your Owner Guide. Here are details about your powertrain coverage. How long does powertrain coverage last? Coverage on powertrain parts begins when the - 12-month or 12,000-mile basic coverage ends. Powertrain coverage lasts four years or 50,000 Basic coverage miles after the warranty start date,whichever occurs first. Your warranty begins with a What is covered? period of basic coverage; here are Under powertrain coverage, the warranty details about this coverage. continues to cover defects that are found in the factory-supplied materials and workmanship of the following parts of the engine, transmission/ How long does basic coverage last—and transaxle, and axle and drive systems on what does it cover? gasoline and diesel-fueled vehicles. These engine parts are covered: Basic coverage begins at the warranty start date • camshaft timing drive components and and lasts for 12 months or 12,000 miles,which- cover ever occurs first..Under basic coverage, all parts • cylinder block, heads, and all internal parts of your car or light truck (except tires and non- • diesel fuel injection pump and lines Ford engines) are covered for defects in factory- engine sealing supplied materials and workmanship. flywheel • • manifolds The following components and systems are oil pump and pan covered for 12 months, regardless of the mile- supercharger and associated parts age you put on the vehicle: • turbocharger and associated parts • valve covers • the Ford radio, radio/tape deck, and valve train Water pump compact disc components. and These transmission/transaxle parts are • these factory-installed systems: covered: • case, all internal parts, seals and gaskets - air conditioner • clutch cover and housing - heater -- - • torque converter and converter housing rear window defroster - heating elements in outside rear-view These axle and drive parts are covered: mirror • driveshaft and universal joints electrically heated windshield • front and/or rear drive axles and all internal parts • transfer case and all internal parts on four- . wheel-drive vehicles Who pays for warranty repairs during powertrain coverage? ow Under/ powertrain coverage, each time you take• your vehicle to a dealer to repair a covered powertrain part, you will have to pay the first$50 of the warranty repair charges. However, you will not have to pay this $50 charge if the part is also covered under the emissions warranties. City of Atascadero BID RESPONSE FORM Request for Bid #91-07 In response to your bid invitation and in accordance with your conditions and specifications, we agree to furnish and deliver a 12-passenger van to the City of Atascadero Community Services Department, located at 6500 Palma Avenue, Atascadero , California, as specified, for the bid price quoted below. ----------------------------------------------------------------- em U 1 Each 12-Passenger Van Subtotal f�Ly �/w,wJow - r' /211? co•v ed C/B.J+r.. ro.-��e�•c. /°/,fie cl;' r Sales Tax (�cSS�wjyzo2 Address of local service facility: TOTAL �y/P ;7q'--'a0 Parts delivery schedule: • To the CITY PURCHASING AGENT: In compliance with the above invitation for bid , and subject to all the conditions thereof, the undersigned offers , and agrees, if this bid be accepted within 60 days from the date of the opening , to furnish any or all of the items upon which prices are quoted , at the price set opposite each item, delivered at the point as specified and , unless otherwise specified within fifteen days after receipt of order . Discount of _____/ will be allowed for payment within 30 days from dite of delivery. --------------------------------BIDDER Bidder_��f_ IMPORTANT INSTRUCTIONS TO - �' -�' ----------- --------------------- Bids must be sealed and _ - addressed to : uthorized signature) Title --------------- City of Atascadero ----- ----- City Clerk Phone: 6500 Palma AvenueAddress --------/--'�- ------ Atascadero , California 93422 TZ �ItWJg3Fi--E5 r- Bid #91-07,5/22/91 ,2:00 pm Date : �L� cnir�n 2eaJ------- Atascadero, CA 53422 PLEASE STAPLE ANY ADDITIONAL INFORMATION TO THIS RESPONSE SHEET. i a YS E N "1OHNSON i —"Vr FORD DON WRIGHT tEP FLEET MANAGER EAGLE LINCOLN MERCURY 12200 LOS OSOSVALLEY RD.PO.BOX 3759SAN LUIS OBISPO,CA93403 Ity Of Atascadero 1-800-726-0043 805-544-5200 ID RESPONSE FORM Kequest for Bid 491-07 In response to your bid invitation and in accordance with your conditions and specifications, we agree to furnish and deliver a 12-passenger van to the City of Atascadero Community Services Department, located at 6500 Palma Avenue, Atascadero , California, as specified, for the bid price quoted below. --------------------------------------------------------- // O 1 Each 12-Passenger Van Subtotal ,315 �0C �. Sales Tax Z ----- 1--- --- TOTAL 12Z�Z_=-_— Address of local service facility: --- /Z7-'00 (.o,$ 010S U�}c,c.6y,per. 5,4.,v (,ut S Og/f PO Parts delivery schedule: To the CITY PURCHASING AGENT: • In compliance with the above invitation for bid , and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 60 days from the date of the opening, to furnish any or all of the items upon which prices are quoted , at the price set opposite each item, delivered at the point as specified and , unless otherwise specified within fifteen days after rete' tof order . Discount of will be allowed for payment within 30 days from date of de ivery. --------------------- - ------ Bid =rr� _✓_ ��s_-r/_.To/t/�j/to_�1� I M_PORTANTT INSTRUCTIONS--TO--BIDDER Bids must be sealed and By_ addressed to : a th r ' d signature) _ i e _J�LV1=='� ___ City of Atascadero • !_=j� � ------ --- City Clerk Phane _ 6500 Palma Avenue Address Atascadero , California 93422 Bid #91-07,5/22/91 ,2:00 pm Date• f---�- PLEASE STAPLE ANY ADDITIONAL INFORMATION TO THIS RESPONSE SHEET. ill� -fSE JOHNSON FORD . LINCOLN . MERCURY • JEEP • EAGLE E�� Fci✓LI S l OE S N O T � II 12200 LOS OSOS VALLEY ROAD P.O. BOX 3759 SAN LUIS OBISPO, CA 93403 (805) 544-5200 (800) 726-0043 ��. City of Atascadero BID RESPONSE FORM Request for Bid #91-07 In response to your bid invitation and in accordance with your conditions and specifications, we agree to furnish and deliver a 12-passenger van to the City of Atascadero Community Services Department, located at 6500 Palma Avenue, Atascadero, California, as specified, for the bid price quoted below. ------------------------------------------ 1 Each 12-Passenger Van Subtotal Sales Tax 7 Address of local service facility: TOTAL ZJ7'` Parts delivery schedule: To the CITY PURCHASING AGENT: • In compliance wits the above invitation for bid , and subject to all the conditions thereof, the undersigned offers , and agrees, if this bid be accepted within 60 days from the date of the opening , to furnish any or all of the items upon which prices are quoted , at the price set opposite each item, delivered at the point as specified and , unless otherwise specified within fifteen days after receiq of order . Discount of _ _% will be allowed for payment within 30 days from date of de ivery. _________ Bidderv�/c j IMPORTANT INSTRUCTIONS TO_HIDDER_ Bids must be sealed and By- �,j --E-c,� addressed to : ( authorized signature) City of Atascadero ----------- City Clerk Phone: - 6500 Palma Avenue Address-,,� 17�� �%moi Atascadero , California 93422 t�/ ,�Lir�_ Bid #91-07,5/22/91 ,2 :00 pm Date : -' PLEASE STAPLE ANY ADDITIONAL INFORMATION TO THIS RESPONSE SHEET. • .Y RANCHO • GRANDE MOTORS SLO 1404 Auto Park Way P.O. Box 4960 San Luis Obispo, CA 93403-4960 (805) 543-4745 Fax (805) 543-4956 TD R0.r CIO III _ s -7D BLACK PONTIAC OMS SUBAAu ISUZU SAAM City of Atascadero BID RESPONSE FORM Request for Bid #91-07 In response to your bid invitation and in accordance with your conditions and specifications, we agree to furnish and deliver a 12-passenger van to the City of Atascadero Community Services Department, located at 6500 Palma Avenue, Atascadero , California, as specified, for the bid price quoted below. ------------------------------------------------- 1 Each 12-Passenger Van Subtotal 17 191 50 7% Sales Tax Address of local service facility: TOTAL _181324_90------ Atascadero Ford 3850 E1 Camino Real Parts delivery schedule: Atascadero , Ca . 93423 To the CITY PURCHASING AGENT: In compliance with the above invitation for bid , and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 60 days from the date of the opening , to furnish any or all of the items upon which prices are quoted , at the price set opposite each item, de1ivere point as specified and , unless otherwise specified witfiin fifteen days after receipt of order . Discount of __Y___% will be allowed for payment within'-30--- days from date of delivery. ________________________________ Bidd Johnson_Ford_Lincoln-Mercury IMPORTANT_INST_RUCTIONS_TO_BIDDER Bids must be sealed and By - --y addressed to :to : (authorize signature)------ Title_Commercial Sales Manager City of Atascadero - City Clerk Phone:_S8Q5�_ 949=X586_ 6500 Palma Avenue Address_ t}56[�9_23TS1_-L Atascadero , California 93422 ----- J_________ _L�.cas.� _.��. Hid #91-07,5/22/91 ,2:00 pm Date: __512j.L9j................ PLEASE STAPLE ANY ADDITIONAL INFORMATION TO THIS RESPONSE SHEET. T, N AUTO CENTERS ANTELOPE VALLEY RENO A CAR It Vehi ies LANCASTER ' ft Vehicles V, 45640 l., ';• 45640 North 23rd Street ',Vest California ornia 93536 j (805) 949-3586 Fleet Quotation Page 1 of Date May 21 , 1991 Customer Name euanut Cit of Atascadero Y Truck Series Check Type of Option one Clubwagon ( 12 Pas ) °otde Standard warranty 1991 For Cl11 ubwa on 12 mo/ 12, 000 E21 mile bumper to per @mnPk 711A zero deductible 1 CID 5 . 8 Liter Electronic Fuel In 'ected V-8 En ine as (excluding tires) nic 4 Speed Auto Overdrive 48 mo/50, 000 mile 10 AMP Alternator 44E Powertrain @ 7 AH 35CLA) maintance free batter $50 deductible Pnwp� n Service may be performed a m Hi h ca acit air conditionin with Atascadero Ford 3850 El Camino Real A x ' ' r heater front & rear ) 574 Atascadero , Ca . 93423 Recover S stem h lint all doors to s ecs . Dual cloth ca tians chairs 2 cloth assen er benches 3 ass h finch 4 ass Seatbelts for all sea s nvi rs 2 Ammeter Oil Pressure Tempera ure , Gas direct readin • instrumen a io Sri ht lowmount ;swin-qaway mirrors Ill ip Iter. mouldin P 5/75R X 15XL BSW All season tir s 17, 156. 50 5 6 . OK 8 hole wheels Doc Fee 35 . 00 h m n als - Tax 7% 1 , 203. 40 107-91 m nu les FPS- 12090-91 3 Sets f keys 2153-91 otal Bid $18 , 394 . 90 leet Ma ager SON AUTO CENTER ANTELOPE VALLEY Recreational ® RENT-A-CAR Vehicles LANCASTER • 45640 North 23rd Street West • Lancaster, California 93536 (805) 949-3586 OPTIONAL WARRANTIES 1991 Ford Extended Service Plan "TOTAL" ( see attached brochure ) 3 year warranties/ Zero Deductable 50 , 000 Mile $460 . 00 75 , 000 Mile $670. 00 100 , 00 Mile $980 . 00 4 Year/Zero Deductable 50 , 000 Miles $570. 00 75 , 000 Mile $815 . 00 100, 00 Mile $1160. 00 5 Year/ Zero Deductable 50, 000 Mile $650 . 00 75 , 000 Mile $930. 00 100 , 00 Mile $1290 . 00 6 Year/Zero Deductable 50 , 000 Mile $705 . 00 75 , 000 Mile $1030 . 00 • 100 , 00 Mile $1365 . 00 1991 Ford Extended Service Plan "PLUS" ( see attached brochure ) 3 Year/Zero deductable 50 , 000 Mile $330 . 00 75 , 000 Mile $480 . 00 100, 00 Mile $690. 00 4 Year/Zero Dedu6table 50, 000 Mile $415 :00 75 , 000 Mile $585. 00 100, 00 Mile $835 . 00 5 Year/Zero Deductable 50,000 Mile $470 . 00 75 , 000 Mile � $670 .00 100 , 000 Mile $925 . 00 6 Year/Zero Deductable 50 , 000 Mile $510 . 00 75 , 000 Mile $715 . 00 100 ,000 Mile $980 . 00 • City of Atascadero BID RESPONSE FORM Request for Bid #91-07 In response to your bid invitation and in accordance with your conditions and specifications, we agree to furnish and deliver a 12-passenger van to the City of Atascadero Community Services Department, located at 6500 Palma Avenue, Atascadero, California, as specified, for the bid price quoted below. ----------------------------------------------------------------- 1 Each 12-Passenger Van Subtotal _____1Z449,QQ ..... Sales Tax TOTAL 18495.94 Address of local service facility: ---------------- 3850 E1 Camino Real, Atascadero, CA Parts delivery schedule: DAILY • To the CITY PURCHASING AGENT: In compliance with the above invitation for bid , and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 60 days from the date of the opening , to furnish any or all of the items upon which prices are quoted , at the price set opposite each item, delivered at the point as specified and , unless otherwise specified within fifteen days after receipt of order . Discount of _____Y. will be allowed for payment within 30 days from date of delivery. __ B i d d e r ATASCAD FORD, INC. ------------------------------ --ASC -D, INC Bids must be sealed and By_______ addressed to : (autho ' ze ignature) Title--clenera--Sati-es-i►fanagsr------ City of Atascadero City Clerk Phone:_C805) 466_9464 _________ 6500 Palma Avenue Address3850 El Camino R�a�,_________ ------------- Atascadero , California 93422 Atascadero) CP39AZ2 ________ Bid #91-07,5/22/91 ,2:00 pm Date: SL�;��2_______________ PLEASE STAPLE ANY ADDITIONAL INFORMATION TO THIS RESPONSE SHEET. • PLEASE SEE ATWEM FOR ADDITIONAL I16ORMTIOi J 'j 0 3850 EL CAMINO REAL ATASCADERC, CA 93422 ,8051 45o-�a c Description of Make-up of Vehicle: 1991 FORD CLUB WAGON 12 PASSENGER VAN 5.0 L V8 FI Engine 4 speed Auto Transmission Maximum Output Alternator High Capacity Battery PS PB Air HD Radiator Vinyl with Cloth Inserts Seats 5 Wheels/Tires Maximum Cooling Capacity Cooling Rec. System CA Emissions Two each Parts, Opertor's and Repair Manual Three (3) sets of Keys w K .3 J I� . J • 3850 EL CAMINO REAL ATASCADERO. CA 33,1 - 22 i305i16o-=�0= WARRAN'PY Factory and component manufacturer's standard: Basic 12 months/12,000 miles Emissions 5 years/50,000 miles Power Train 4 years/50,000 miles Extended Warranty (available at extra cost) FORD ESP PLUS 50.00 deductible 4 year/50,000 $585.00 5 year/50,000 $625.00 6 year/50,000 $655.00 FORD ESP TOTAL 50.00 deductible 4 year/50,000 $675.00 5 year/50,000 $730.00 • 6 year/50,000 $765.00 Please see attached brochures for information as to whether the "plus" or the "total" is the Plan you would require. 4 -a "i ,y 4 • 3 • I City of 4tascadero Purchasing Agent 6500 Palma Avenue Atascadero . CA 93422 NOTICE OF BID AWARD Issue Date Hid No . Resolution No . You are hereby notified that the commodities andior services listed have been awarded to you subject to the terms and conditions of the bid number shown and to the Genera! Conditions Of this Notice of Hid Award : V E N O 0 R • 'E•`� QUANT I T`! UNIT OESCR I PT I CN PRICE Purchasing Department 9v: Vendor ' s rpecresentative rFzone MEETING AGEND DATE-L-11/91 ITEM# �_4 (Cont'd from 5/28/91) • RESOLUTION NO. 43-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CREATING A POLICY RELATED TO CAPITAL PROJECT FUNDING WHEREAS, it is expressly prohibited to expend funds on capital projects without Council authorization; and WHEREAS, there are occasions when additional funds are required for capital projects after bids have been awarded and work has begun; and WHEREAS, in order to recognize the importance that timing can and does have on project costs. NOW, THEREFORE, be it resolved that the Atascadero City Council does hereby adopt the following policy: Staff with concurrence of the City Manager shall have the discretion to make up to 10% adjustment on a specific project up to $10,000 with the understanding that such action shall receive Council ratification at the next available scheduled • Council meeting. In the event that an increase in cost exceeds $10, 000, staff must either wait for the City Council to act on such change at the next available scheduled Council meeting or request that Council convene a special meeting requiring 24 hours notice. On motion by Councilmember , seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE DAYKA, City Clerk ROBERT B. LILLEY, Mayor • M E M O R A N D U M • To: City Council From: Ray Windsor, City Manager Subject: Capital project overrun approval Date: May 13, 1991 As tonight' s agenda reflects, the fire station parking lot project incurred considerably more expense than we had anticipated. This issue came to light at the time I was on vacation and, after dis- cussing it with Greg Luke and Mark Joseph and being apprised that the cost could grow even greater if there were further delay while waiting for the next Council meeting, I directed Mark to contact each member of the Council informally to obtain authorization to continue the project. This action on my part was a judgment call and raises the issue of legality with respect to the expenditure of unbudgeted funds without benefit of a special meeting. Under the circumstances, and in order to avoid criticism or legal • problems in the future, I would like to suggest that Council adopt a policy with respect to capital projects of under $25, 000 which would allow staff, with the Manager' s concurrence, to make a variance of up to 10% of the contracted price where time and cir- cumstances warrant, with the understanding that a notice of such change would be brought back to the City Council for ratification at the first possible regular meeting following. This would mean that any project of up to $25,000 in scope which, through unknown circumstances, required an additional appropriation in excess of 10% of the contract price could only be authorized by either waiting for the first appropriate regular Council meeting or by calling, through the issuance of a 24-hour notice, a special Coun- cil meeting. RW:cw c: Department Heads City Attorney REPORT TO CITY COUNCIL Meeting Date: 6/11/91 CITY OF ATASCADERO Agenda Item: B-5 Through: Ray Windsor, City Manager From Lee Raboin, City Clerk))",,'/ SUBJECT: Amended Conflict of Interest Code. RECOMMENDATION: Approve Resolution No. 46-91 adopting an amended Conflict of Interest Code. BACKGROUND: During my attendance at the League of California Cities City Clerk' s New Law and Election Seminar last December, I became aware of new legislation (AB4143) which requires the City Council, as the code reviewing body, to review said code on an annual basis. This • law becomes effective January 1, 1992. I point out that the City' s Conflict of Interest Code has not been revised since adoption of Resolution No. 10-80 in June of 1980 (copy provided) . At my request, Mary Gayle has reviewed the code and is recommending that the City Council adopt an up-dated Conflict of Interest Code more in keeping with State law. ANALYSIS: Input has been received from department heads as to the specific designated employee titles and these have been incorporated into "Exhibit All . The scope of denoted individuals has been widened and I would point out that it is being recommended that members of permanent advisory bodies other than the Planning Commission (Parks & Recreation Commission, Board of Appeals and Traffic Committee) be among those designated filers. Attachments: Resolution No. 46-91 Resolution No. 10-80 • RESOLUTION NO. 46-91 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHEREAS, the City Council of the City of Atascadero has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City (Resolution No. 10-80) ; and WHEREAS, the City Council of the City of Atascadero desires to amend the Conflict of Interest Code to make it applicable to all commission and committee members and certain additional public officials. NOW, THEREFORE, the City Council of the City of Atascadero does resolve as follows: Section 1. That the attached Conflict of Interest Code be, and hereby is, adopted as the Conflict of Interest Code for the City of Atascadero. Section 2. Any and all previously adopted Conflict of Interest Code or codes for the City of Atascadero, including but not limited to Resolution No. 10-80 (Chapter 15, Section 2-15. 01 through 2-15. 05, as amended) , are hereby rescinded. • On motion by Councilmember , seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO LEE DAYKA, City Clerk By:ROBERT B. LILLEY, Mayor APPROVED AS TO FORM: ART MONTANDON, City Attorney • A T T A C H M E N T RESOLUTION NO. 46-91 • CONFLICT OF INTEREST CODE OF THE CITY OF ATASCADERO SECTION 1. Purpose. Pursuant to the provisions of Government Code Sections 87300, et sea. , the City of Atascadero (hereinafter-referred to as "'City") hereby adopts the following Conflict of Interest Code. The provisions of this Code are in addition to those contained in Title 9, Chapter 7 of the Government Code (Section 87100 et sea. ) . Except as otherwise indicated, the definitions contained in-the Political Reform Act at Title 9, Chapter 2 of the Government Code (Section 82000 et sea. ) regulations of the Fair Political Practices Commission (2 California Code Regulations section 18100 et sea. ) and any amendments to the Act or regulations are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the disclosure of assets and income of designated employees which may be materially affected by their official actions, and, in appropriate circumstances, to provide that designated employees should be disqualified from acting in order that conflicts of interest may be avoided. • SECTION 2. Designated Positions. The positions listed in Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeably have a material effect on a financial interest. This Code does not establish any disclosure obligation for those individuals specified in Government Code section 87200; such persons are covered by this Code only for disqualification purposes and all provisions of Section 6 herein relating to "designated employees" are applicable to such individuals. SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B". Each designated employee or official shall file an annual statement disclosing that employee's or official's interest in investments, business positions, interests in real property and source of income designated is reportable under the category to which the employee's or official's position is assigned in Exhibit "B". • -1- SECTION 4. Place and Time Filing. • (a) All designated employees or officials required to submit a statement of financial interests shall file the original with the City Clerk's office. Designated employees or officials who are required to file statements of financial interests under any other agency's conflict of interest code, or for a different jurisdiction, may expand their statement of financial interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements. Each copy of such expanded statement must be signed and verified by the designated individual. (b) The City Clerk's office shall make and retain a copy of the statement. (c) A designated employee or official required to submit an initial statement of financial interests shall submit the statement within 30 days after the effective date of this Code, disclosing interests held including reportable investments, business positions, and interests in real property on the effective date of this Code, and income received during the twelve (12) months prior to the • effective date of this Code. (d) All persons appointed, promoted, or transferred to designated positions shall file initial statements not more than 30 days after assuming office. (e) The first statement of financial interests filed by a designated employee shall disclose the designated employee's reportable investments, business positions, and interests in real property as those investments, positions, and interests in real property exist as of the effective date of this Code or the date the designated employee assumed office, whichever is later, and income received during the preceding twelve (12) months. (f) Annual statements shall be filed by March 30th of each year, by all designated employees or officials. Such statements shall disclose reportable investments, business positions, interests in real property, and income held or received at any time during the previous calendar year or since the designated employee took office if during the calendar year. -2- • • (g) Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office. (h) A designated employee who resigns his or her position within 30 days following initial appointment is not deemed to assume or leave office, provided that during the period between appointment and resignation the individual does not make, participate in making, or use the position to influence any decision of the city or receive or become entitled to receive any form of payment by virtue of being appointed to the position. SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the City Clerk's office and shall contain the following information: (i) Contents of Investment and Real Property Reports. When an investment or an interest in real property is required to be disclosed, the statement shall contain: • (1) A statement of the nature of the investment or interest; (2) The name of the business entity in which each investment is held and a general description of the business activity in which the business entity is engaged; (3) The address or other precise location of the real property; (4) A statement whether the fair market value of the investment or, interest in real property equals or exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10, 000) , whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000) , or whether it exceeds one hundred thousand dollars ($100, 000) . For purposes of disclosure, H interest in real property" does not include the principal residence of the designated employee or any other property which the designated employee utilizes exclusively as the employee's personal residence. • -3- Investments and interests in real property which • have a fair market value of less than $1, 000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. (j ) Contents of Personal Income Reports: When personal income is required to be disclosed under this Code or pursuant to the Political Reform Act, the statement shall contain: (1) The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; (2) A statement whether the aggregate value of income from each source, or, in the case of a loan, the highest amount owed to each source, was at least two hundred • fifty dollars ($250) but did not exceed one thousand dollars ($1, 000) , whether it was in excess of one thousand dollars ($1, 000) but not greater than ten thousand dollars ($10,000) , or whether it was greater than ten thousand dollars ($10, 000) ; (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value and the date on which the gift was received; (5) In the case of a loan, the annual interest rate and the security, if any, given for the loan. J ^'Income^' is defined in Title 9, Chapter 2 of the government Code (Section 82030) . That definition is attached hereto as Exhibit "'C"'. -4- • A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. (k) Contents of Business Entity Reports. When the designated employee's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain: (1) The name, address, and a general description of the business activity of the business entity; (2) The name of every person from whom the business entity received payments if the designated employee's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10, 000) during a calendar year; (3) Income of a business entity is required to be reported only if the direct, indirect, or beneficial interest of the designated employee and his or her spouse in the business entity aggregates a ten (10) percent or greater • interest. In addition, for purposes of subparagraphs 2 and 3 of this subsection, the disclosure (of persons who are clients or customers of a business entity is required only if it is reasonably foreseeable that the client or customer may be materially affected by the decisions of the designated employee; (1) Contents of Business Position Disclosure. When business positions are required to be reported, the designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management; a description of the business entity in which the business is engaged, and the designated employee's position with the business entity; (m) Acquisition or Disposal During a Calendar Year. If any otherwise reportable investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. SECTION 6. Disqualification. Designated employees shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence a governmental decision when -5- it is reasonably foreseeable that the decision will have a • material financial effect distinguishable from its effect on the public generally, on the designated employee, or a member of his or her immediate family, or on: (n) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1, 000) or more; (o) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (p) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (q) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (r) Any donor of, or any intermediary or agent for • a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the designated employee within twelve (12) months prior to the time when the decision is made. For purposes of this section, indirect investment or interest means-any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, or by a business entity or trust in which the designated employee, the designated employee's agents, spouse, and dependent children own directly, indirectly, or beneficially a ten (10) percent interest or greater. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation. If a person is legally required to participate, such individual shall: (1) disclose as a matter of public record the existence of the financial interest; -6- • . (2) describe with particularity the nature of the financial interest before participating in making the decision; (3) state the reason there is; no alternative source of decision-making authority; and (4) participate only as required by law where participation is legally required for the agency to act. The fact that the vote of a designated employee who is a member of a voting body is needed to break a tie does not make his or her participation legally required. A person is not legally required to participate if it would have been possible to convene a quorum made up of other members of the agency who are not disqualified under Government Code sections 87100, whether or not such other members are actually present at the time of disqualification (California Code Reg. 518701) . A designated employee required to disqualify himself or herself shall notify the City Manager and the City Clerk in writing, and the City Clerk shall record the person's disqualifications. In the case of a voting body, this determination and disclosure of the disqualifying interest shall be made a part of the agency's official • record. SECTION 7. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. SECTION S. Violations. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. • -7- E I H I B I T &AN • DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position Disclosure Categories Building Inspector 1 City Attorney, Assistant 1 City Clerk 1 City Engineer 1 City Manage, Assistant 1 Consultants—/ 1 Community Development Director 1 City Planner 1 Director of Community Services, Assistant 1 Senior Planner 1 • Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations. The City Manager/Executive Officer may determine in writing that a particular consultant, although a "designated position^', is hired to perform a range of duties that is limited in scope and this is not required to fully comply with the disclosure requirement described in this Section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's/Executive officer's determination is a public record and shall be retained for public inspection by the City Clerk in the same manner and location as this Conflict of Interest Code. -8- . • t Of J Exempt facials 1 Fire Chief 1 Police Chief 1 Public Works Director 1 Senior Civil Engineer 1 Members of all permanent City Commissions, Boards and Committees not otherwise required to file Conflict of Interest Statements 1 Fire Captain 2 Police Lieutenant 2 Police Sergeant 2 Chief Waste Water Operator 2 Streets Supervisor 2 Exempt Officials include: The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, Director of Finance and Assistant Director of Finance who are all required to file disclosure statements pursuant to state law and thus are not specifically listed herein. If State law or regulations exempt these • officials from filing Conflict of Interest statements, then they shall file the form appropriate for their positions, Disclosure Category 1. -9- E % H I B I T NBN 0 CATEGORIES OF REPORTABLE ECONOMIC INTERESTS Designated Persons in Category NiN Must Report: All investments, interests in real property, income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of the City at any time during the two years prior to the filing of the statement. Designated Persons in Category N2N Must Report: (s) All investments in real property located within or subject to the jurisdiction of the City. (t) Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. • (u) Income from any source which within the last two years has contracted or in the future foreseeably may contract with the city. (v) His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. -10- • • EXHIB IT ~C~ 82030. INCOME. (A) "'Income"' means (except as provided in subdivision B) : A payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10 percent interest or greater. "Income, " other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not • having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (B) "'Income" does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100) . (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic, or charitable organization. (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. • -11- Government if the filer sells the securities or the • commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. • -13- • �L RESOLUTION NO. 10-84 ADOPTING A CONFLICT OF INTEREST CODS F� b8 GED EMPLOYEES OF THE CITY OF ATASCADERO T H E C I T Y C 0 U N C I L City of Atascadero, California WHEREAS, the Political Reform Act of 1974, California Government Code Section 81000 , et seq. , requires that governmental entites in the State of California adopt Conflict of Interest Codes; and WHEREAS, said Act requires that local governmental entities include certain designated employees within the provisions of Conflict of Interest Codes; and WHEREAS, the City of Atascadero desires to comply with the conditions of said Act. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero does hereby adopt a Conflict of Interest Code for Designated Employees of the City of Atascadero as required by the Political Reform Act of 1974 and said Code is attached hereto as Exhibit A and by re- ference made a part hereof. On motion by Councilman Nelson and seconded by Councilman Highland , the foregoing resolution is hereby adapted in its entirety on the following roll call vote: AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins NOES: None ABSENT: None ADOPTED: June 23, 1980 ROBERT J. WILKIN , JR. , Mayor ATTEST: APPROVED AS TO FORM: RRA . WARDEN, City Jerk ALLEN GRIMES, City Attorney • C C CITY OF ATASCADERO CONFLICT OF INTEREST CODE Section 1. Introduction In compliance with the Political Reform Act of 1974 , Calif- ornia Government Code Section 8100, et seq. , the City of Atas- cadero, hereby adopts this Conflict of Interest Code which shall be applicable to all designated employees of the City. The re- quirements of this Code are in addition to other requirements of the Act such as the general prohibition against conflicts of in- terest contained in Government Code Section 87100, and to any other state or local laws pertaining to conflicts of interest. Section 2. Definition of Terms The definitions contained in the Political Reform Act of 1974 , the regulations of the Fair Political Practices Commission 2 Cal. ( Adm. Code Sections 18100 et any Y. ) , and amendments to the Act or regulations, are incorporated ted by reference into this Conflict of Interest Code. Section 3. Designated Employees The persons holding positions listed in Appendix A are de- signated employees. It has been determined that these officers and employees make or participate in the making of decisions which may foreseeably have a material effect on financial interest Section 4. Disclosure Statements A designated employee shall be assigned one or more of the disclosure categories set forth in Appendix B. It has been deter- mined that the financial interests set forth in a designated employee's disclosure category are the types of financial interests which he or she foreseeably can affect materially through the con- duct of his or her office. Each designated employee shall file statements of economic interest disclosing his or her financial interests as required by the applicable disclosure category. Section 5. Place of Filing All designated employees required to submit a statement of economic interests shall file the original with the City Clerk who shall be the filing officer for all designated employees. Section 6. Time of Filing (a) Initial Statements. All designated employees employed by the City on the effective date of this Code shall file statements within thirty days after the effective date of this Code. • (b) Assuming Office Statements. • (1) All persons assuming designated positions after the effective date of this Code which are merit system positions, shall file statements within thirty days after assuming the designated positions. (2) All other persons appointed, promoted or transferred to designated positions after the effective date of the Code, shall file statements within ten days after assuming office. (c) Annual Statements. All designated employees shall file statements no later than March 15. (d) Leaving Office Statements. All persons who leave desig- nated positions shall file statements within thirty days after leaving office. Section 7. Contents of Statements (a) Contents of Initial Statements. Initial statements shall disclose any reportable investments and interests in real property and management positions held on the effective date of the code. (b) Assuming Office Statements. Assuming office statements • shall disclose any reportable investments and interests in real property and management positions held on the date of assuming office. (c) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, and income and management positions held or received during the previous calendar year provided, however, that the period covered by an employee' s first annual statement shall begin on the effective date of the Code or the date of assuming office whichever is later. (d) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, in- terests in real property, and income and management positions held or received during the period between the closing date of the last statement filed and the date of leaving office. Section 8. Manner of Reporting Disclosure statements shall be made on forms supplied by the City of Atascadero and shall contain the following information: 2 f (a) Contents of Investment and Real Property Reports When an investment or interest in real property l/ • is required to be reported, 2/ the statement shall contain the following: (1) A statement of the nature of the investment or interest: (2) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged. (3) A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars ($1, 000) , exceeds ten thousand dollars ($10, 000) , or exceeds one hundred thousand dollars ($100, 000) . (b) Contents of Personal Income Reports When personal income is required to be reported, 3/ the statement shall contain: (1) The name and address of each source of income aggregating two hundred and fifty dollars ($250) or more in value if the income was a gift, and a general description of the business activity, if • any,of each source. l/ For the purpose of disclosure only (not disqualification) an interest in real property does not include the principal residence of the filer. 2/ Investments and interests in real property which have a fair market value of less than $1, 000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual 's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse or dependent children own,in the aggregate, a direct, indirect or beneficial interest of 10% or greater. 3/ A designated employee' s income includes his or her community property interest in the income of his or her spouse. 3 • • (2) A statement whether the aggregate value of income from each source was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1, 000) , greater than ten thousand dollars ($10 , 000) ; (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the name and address of the donar, a description of the gift, the amount or value of the gift, and the date on which the gift was received. (c) Contents of Business Entity Income Reports When income of a business entity, including income of a sole proprietorship, is required to be reported, 4/ the statement shall contain: (1) The name, address, and general description of the business activity of the business entity: (2) In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer' s • pro rata share of fees from such person was equal to or greater than one thousand dollars ($1,000) . (3) In the case of a business entity not covered by paragraph (2) , the name of every person from whom the business entity received payments if the filer's pro rata share of the gross receipts from such person was equal to or greater than ten thousand dollars ($10, 000) . (d) Contents of Management Position Reports When management positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee' s position with the business entity. 4/ Income of a business entity is reportable if the direct, indirect, or beneficial interest of the filer, spouse and dependent children in the business entity aggregates • a 10% or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the source is within one of the disclosure categories of the filer. 4 C (e) Acquisition or Disposal During Reporting Period In the case of an annual or leaving office statement, • if an investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. Section 9. Disqualification Designated employees must disqualify themselves from making, participating in the making or using their official positions to influence the making of any governmental decisions which will foreseeably have a material financial effect, dis- tinguishable from its effect on the public generally, on: (a) Any business entity in which the designated employee has a direct or indirect investment worth more than one thousand dollars ($1, 000) ; (b) Any real property in which the designated employee has a direct or indirect interest worth more than one thousand dollars ($1, 000) ; (c) Any source of income, other than loans by a commercial lending institution in the regular course of business, aggregating two hundred fifty dollars ($250) or more in value received by or promised to the designated • employee within twelve months prior to the time when the decision is made; or (d) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that a designated employee' s vote is needed to break a tie does not make his or her participation legally required for purposes of this section. Section 10. Manner of Disqualification. A designated employee required to disqualify himself or herself shall notify his or her supervisor in writing. This notice shall be forwarded to the City Manager who shall record the employee's disqualification. Upon receipt of such statement the supervisor shall reassign the matter to another employee. 5 In the case of a designated employee who is a board member or commissioner, notice of disqualification shall be given at • the meeting during which consideration of the decision takes place and shall be made part of the official record of the board or commissioner. • • 6 APPENDIX A Designated Employees • Designated Positions Disclosure Category City Attorney 1,2 Planning Director 1,2 Associate Planning Director 1,2 Director of Finance/City Treasurer 1,2 Police Chief 1,2 Fire Chief 1,2 Public Works Director 1,2 Public Works Superintendent 4 ,5,6 Building Inspectors 1,2 Police Sergeant 4 ,5, 6 • Fire Captain 4 ,5,6 Consultants* 1,2 * With respect to consultants, the City Manager may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and, thus, not required to comply with the disclosure requirements described in these categories. Such determination shall in- clude a description of the consultant' s duties and, based upon that description, a statement of the extent of disclosure re- quirements. The City Manager shall forward a copy of this determination to the City Council. Nothing herein excuses any such consultant from any other provisions of this Conflict of Interest Code. • 7 APPENDIX B • Categories of Reportable Economic Interests General Provisions When a designated employee is required to disclose in- vestments and sources of income, he need only disclose invest- ments in business entities and sources of income which do business in the City, plan to do business in the City or have done business in the City within the past two years. In addition to other acti- vities , a business entity is doing business within the City if it owns real property within the City. When a designated employee is required to disclose interests in real property, he need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the City or within two miles of any land owned or used by the City. Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A. Category 1. All-Inclusive Reportable Investments A designated employee in this category shall disclose all reportable investments (worth more than $1, 000) : • (a) Owned by the designated employee, his or her spouse or dependent children; (b) Owned by an agent on behalf of the designated employee; (c) Owned by any business entity controlled by the designated employee (i.e. , any business entity in which the desig- nated employee, his or her agents, spouse and dependent children hold more than a 50% ownership interest) ; (d) Owned by a trust in which the designated employee has a substantial interest (i.e. , a trust in which the designated employee, his or her spouse and dependent children have a present or future interest worth more than $1, 000) ; (e) Representing the pro rata share (worth more than $1, 000) of the designated employee, his or her spouse and de- pendent children,of investments of any business entity or trust in which the designated employee, his or her spouse and dependent children own, directly, indirectly or beneficially, a 10% interest or greater. • 8 "Investment" means any financial interest in or security issued by a City of Atascadero-related business entity, including, but not limited to, common stock, preferred stock, right, warrants 0 options, debt instruments and any partnership or other ownership interest. A business entity is "City of Atascadero-related" if and only if the business entity or any parent, subsidiary or other- wise related business entity: (i) has an interest in real property within the jurisdiction, (ii) does business in the City of Atascadero, or (iii) did business or plans to do business in the City of Atas- cadero at any time during the period commencing two years prior to and ending one year after the time the designated employee is re- quired by this Code to file his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Atascadero decision. (The term "parent, subsidiary, or otherwise related business entity" shall be construed as specifically defined by the Fair Political Practices Commission) . No asset is deemed an "investment" unless its fair market value exceeds $1, 000. The term "investment" does not include a time or demand deposit in a financial institution, share in a credit union, any insurance policy, or any bond or other debt instrument issued by any government agency. Category 2. All-Inclusive Reportable Interests in Real Property • A designated employee in this category shall disclose all interests (worth more than $1, 000) in real property located within the jurisdiction if the interests are: (a) Held or owned by the designated employee, his or her spouse and dependent child; or (b) The pro rata share (worth more than $1, 000) of interests in real property of any business entity or trust in which the designated employee or spouse owns, directly or in- directly or beneficially, a 10% interest or greater. "Interest in real property" includes any leasehold, beneficial or ownership interests, or any option to acquire such an interest, in real property, but does not include the principal residence of the filer. Real property shall be deemed to be "located within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the City of Atascadero or within two miles of any land owned or used by the City of Atascadero. 9 Category 3 All-Inclusive Reportable Income • A designated employee in this category shall disclose all income of the designated employee for any City of Atascadero- related source aggregating $1000 or more (or $25 or more in the case of gifts) during the reporting period. (a) "Income" means, except as provided in subsection (b) , income of any nature from any City of Atascadero-related source, including but not limited to any salary, wage, advance, payment, honorarium, award, gift, including gift of any food or beverage, loan, forgiveness or pay- ment of indebtedness, discount in the price of anything of value unless the discount is available to members of the general public without regard to official status , rebate, reimbursement for expenses, per diem, or con- tribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in income or a spouse from a City of Atascadero-related source. Income of an individual also includes a pro rata share of any income of any City of Atascadero-related entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten percent (10%) interest or greater. A source, business entity or trust in "City of Atascadero- related" if and only if he, she or it: (i) resides in the • jurisdiction, (ii) has an interest in real property within the jurisdiction, (iii) does business in the City of Atascadero or (iv) did business or plans to do business in the City of Atascadero at any time during the period commencing two years prior to and ending one year after the time the designated employee is required by this Code to file his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Atascadero decision. (b) "Income" does not include: (1) Campaign contributions required to be reported under Chapter 4 of the Political Reform Act of 1974; (2) Salary and reimbursement for expenses or per diem received from a state or local government agency and reimbursement for travel expenses and per diem re- ceived from a bona fide educational, academic or charitable organization; (3) Gifts of informational material, such as books, pamphlet, : reports, calendars or periodicals; • l j� (4) Gifts which are not used and which, within thirty days after receipt, are returned to the donar or delivered • to a charitable organization without being claimed as a charitable contribution for tax purposes; (5) Gifts from an individual 's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in- law, brother-in-law, sister-in-law, aunt, uncle, or first cousin or the spouse of any such person; pro- vided that a gift from any such person shall be con- sidered income if the donar is acting as an agent or intermidiary for any person not covered by this para- graph; (6) Gifts of hospitality involving food, beverages, or lodging provided to the designated employee, if such hospitality has been reciprocated within the filing period. "Recipro- city" as used in this subsection includes the providing by the designated employee to the host of any consideration, including entertainment or household gift of a reasonably similar benefit or value; (7) Any devise or inheritance; (8) Interest, dividends or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or goverment agency. (9) Dividends, interest or any other return on a security which is registered with the Securities and Exchange Commission of the United States Governments; (10) Loans by a commercial lending institution in the regular course of business. (c) "Honorarium" means a payment for speaking at any event, parti- cipating in a panel or seminar or engaging in any similar activity. For purposes of this subsection, free admission, food, beverages and similar nominal benefits provided to a filer at an event at which he or she speaks, participates in a panel or seminar, or performs a similar service, and re- imbursement or advance for actual intra-state travel and for necessary accommodations provided directly in connection with the event are not payment and need not be reported by the designated employee. An honorarium must be reported as a gift unless it is clear from all of the surrounding circumstances that the services provided represented equal or greater value than the payment received. If it is clear from the surrounding circumstances that the services provided were of equal or greater value than the payment received, the honorarium is income, not a gi� lm . When the designated employee claims that the honorarium is not a gift, he shall have the burden of proving that the consideration is of equal or greater value unless the designated employee is a defendant in a criminal action. A prize or award shall be disclosed as a lift unless the prize or award is received on the basis of a bona fide competition not related to the designated employee 's official status. Prizes or awards which are not disclosed as gifts shall be disclosed as income. Category 4 . Less-Inclusive Reportable Investments A designated employee in this category shall disclose those, and only those, Category 1 reportable investments which pertain to a business entity, a business activity of which is that of: (a) Providing within the last two (2) years, or foreseeably in the future, services, supplies, materials, machinery or equipment to the City of Atascadero. (b) Conducting a business in the City of Atascadero which requires a business license therefor pursuant to ordi- nances _ of the City. • (c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or construction thereon of buildings or structures. Category 5. Less-Inclusive Reportable Interests in Real Property A designated employee in this category shall disclose those, and only those, Category 2 reportable interests in real property where the property or any part of it is located within or not more than 500 feet outside the boundaries of the City of Atascadero. Category 6. Less-Inclusive Types of Reportable Income A designated employee in this category shall disclose those, and only those types of Category 3 reportable income which are derived from a source, an activity of which is that of: (a) Providing within the last two (2) years, or foreseeably in the future, services, supplies, materials, machinery or equipment to the City of Atascadero. (b) Conducting a business in the City of Atascadero which requires a business license therefor pursuant to ordi- nances of the City. 12 t C_ (c) Sale, purchase, exchange, lease or rental , or financing for its own account or as broker, of real property or the• development, syndication, or subdivision of real property or construction thereon of buildings or structures. • • 13 REPORT TO CITY COUNCIL • CITY OF ATASCADERO Item No: C-1 Through: Ray Windsor, City Manager Meeting Date : 6-11-91 File No: ZC 03-91 Via: Henry Engen, Community Development Director From:PAOSteven L. DeCamp, City Planner SUBJECT: Adoption of amendments to the Zoning Ordinance to include specific development standards for projects proposed in Planned Development Overlay Zone V . RECObMNDATION: 1 . Waive reading of Ordinance No. 222 in full and approve by title only; and 2 . Approve Ordinance No. 222 on first reading. • BACKGROUND: The Council held a hearing on the draft Ordinance establishing development standards for PD 7 Overlay Zone projects on May 28, 1991 . The Staff report presented at that hearing is attached to this report as Attachment B. At the conclusion of the May 28th hearing, the Council directed staff to prepare an alternate set of development standards that eliminated the requirement that the parent lot or lots be at least 1/2 acre in size. The revised development standards are Attachment A to this report . The City Attorney has indicated that this item need not be referred back to the Planning Commission for their further review or comment prior to Council action. ANALYSIS: The 1/2 acre minimum size for the parent lot in PD projects was suggested as a means to insure (1) that the project site would be large enough to provide design flexibility; and (2) that smaller lots would remain available in multiple family zones for more traditional apartment development . The 1/2 acre size is also reflective of the General Plan' s requirement for 1/2 acre minimum lot sizes in residential multiple family zones . It is staff' s opinion, however, that the other standards proposed • for PD 7 projects will be productive in fostering the type of projects desired, with or without the 1/2 acre minimum lot size. Lot coverage, setback, building density and bulk, as well as other critical site design considerations are addressed by the • remaining development standards . It should be noted that these concepts were discussed informally with the Planning Commission at the conclusion of their June 5th meeting. The general consensus of the Commission was that the 1/2 acre minimum lot size is not, indeed, the most critical element in producing desirable projects . Some discussion was held at the Council' s earlier hearing relative to the imposition of a standard establishing a minimum number of dwelling units to be included in a PD 7 project rather than a minimum lot size. Staff believes that this concept has merit and has, therefore, included draft language setting a 4- unit minimum in the revised standards . Such a standard would help ensure a sense of residential "community" or "neighborhood" within planned development projects and reduce the likelihood of such projects becoming merely "small lot subdivisions" . It was suggested at the May hearing that the size of the guest parking space required by standard (m) be reduced from 1O, X20' to 9' X 18' to maintain conformance between this standard and the other parking requirements of the Zoning Ordinance. Staff believes that this suggestion also has merit, and recommends that the standards be modified to allow the smaller guest parking space. Finally, a last review has indicated that a side setback • requirement for new corner lots was inadvertently deleted from earlier drafts of the proposed standards . This requirement has been reinserted within standard (f) and provides a minimum side setback of 12 (twelve) feet on the street side of corner lots . ATTACHMENTS : A - Revised Development Standards B - May 28 Staff Report EXHIBIT A • 9-3 . 651 . Establishment of Planned Development Overlay Zone No. 7 (PD7) : -T4:te A Planned Development Overlay Zone No . 7 4:-a may be established . 1. 192) in multiple family residential zones . The following development standards are established shall be applied to all projects within Planned Development Zone No 7 • (a) iqre A Master Plan of Development of the site -i-a shall be approved. All construction and development shall be done in conformance with the approved Exhibit master plan. Any medifieetien in density will req--' -- - rezening. Medifieation ef the Master Plan site design fney b-e reser -n@E fer a eend+tierxal Use Perm T--(Sem--a n 9 2 . 199) . {a}}- in approving a Master Plan ef Bevelepment, the level of _d. _d to Plot 1 provided that the Master determination. • :}-� No subsequent PletP-lan, Preeise Plan, eendi : _ Use Pew-it, er Tentative Parcel or Tract Map shall be approved unless found to be consistent with the approved Master Plan of Development . Aret afftendment to a Master Plan of Develepment-, ieluding--c endue n s-the reef,shall be eeeemplished as set ferth in Sidbseetien (a) of this Sieben. *LL A Proposed planned development project shall consist of no fewer than four (4) residential units . (cD The parent lot or lots shall have frontage on a public street . LE-1 Each dwelling unit shall be subject to review under the City' s Appearance Review Guidelines . _LZ Building setbacks shall be as follows : Front yard at residence - 15 feet Front yard at garage - 20 feet Side yards (combined) - 10 feet *Side yard (corner lot) - 12 feet Rear yard (single-story) - 10 feet Rear yard (two-story) - 15 feet • _LcLZ Building coverage (residence plus garage footprint) shall not exceed 35% of the individual lot area Landscaping shall constitute a minimum of 40% of the • lot area. The measurement of landscaped areas shall be exclusive of driveways, patios, decks, etc (h)_ Two story residences shall have a second floor that is limited to 75% of the habitable area of the first floor. (i) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adiacent streets and properties (1) Exterior fencing shall be consistent throughout the proiect . Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units . (kk) Accessory buildings (sheds, etc) will be allowed; however, the footprint of such accessory buildings will count toward the maximum percent of allowable building coverage. (1Z Each proposed lot shall have a minimum frontage of forty-five (45) feet, except that lots at the end of a cul-de-sac may be forty (40) feet . * (m) Parking for two resident vehicles shall be provided in • a garage with minimum interior dimensions of 20' X 20' One quest parking space of at least 9' X 18' shall be provided on each individual lot . The driveway area may be used to satisfy the quest parking requirement On- street parking shall not be used to satisfy the parking requirements . (n) Private open space shall be provided for each residential unit at a ratio of 300 square feet for the first two (2) bedrooms . Each bedroom in excess of two (2) shall cause the private open space to be increased by 50 square feet . The required front yard setback area shall not be used to satisfy the open space requirement; however, side and rear setback areas may be utilized. The minimum width of the private open space area shall not be less than ten (10) feet . (0)_ Individual trash collection shall be used for each residential unit . Provisions shall be made for storage of trash cans within the garage or fenced area. (P)_ All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. ( r) Alterations or additions to established dwelling units shall be subiect to the density standards of the • underlvinQ zone and shall be reviewed pursuant to the City' s Appearance Review Guidelines SL)_ All dwelling units shall be equipped with water conservation devices to include low-flow shower heads and toilets, and drip irrigation-systems . - NOTE: rrigationsystemsNOTE: Language to be a-�= Language to be added *Language revised since 5/28/91 • • REPORT TO CITY COUNCIL CITY OF ATASCADERO Item No : C-2 • Through: Ray Windsor, City Manager Meeting Date: 5/ 28/91 File No: ZC 03-91 Via: Henry Engen, Community Development Director From: 00steven L. DeCamp, City Planner SUBJECT: Amendment of the Zoning Ordinance to include specific development standards for projects to be undertaken in Planned Development Overlay Zone V . RECOI=NDATION: 1 . Waive reading of Ordinance No. 222 in full and approve by title only; and 2 . Approve Ordinance No. 222 (as amended below) on first reading. BACKGROUND: • The City Council and the Planning Commission have both expressed concern regarding the lack of standards to guide the design and review of projects to be undertaken within the PD 7 Overlay Zone. Indeed, even project applicants have expressed a desire for more specific guidance for project design. The attached draft ordinance contains the design standards developed by the Planning Commission following numerous study sessions and a public hearing held on April 16, 1991 . ANALYSIS: The Planning Commission (as well as staff) believes that residential development within PD 7 Overlay Zones provides a viable, alternative style of housing that is otherwise unavailable within Atascadero. For residents, this type of project provides for a wider variety of housing types and costs . For the City, the recently completed Fiscal Analysis (Crawford Multari & Starr) indicates on page 86 that " [f] rom a fiscal standpoint, single family units produce more revenue than multi- family ones . " This rational is followed on page 87 by recommended Policy A-3 : "The City shall allow a variety of housing types in multi- • family zones . Specifically, the City will allow (subject to • discretionary review and after considering other factors such as environmental impacts, neighborhood compatibility, affordability and project design) planned development and/or condominium projects which allow detached units on individual lots or as airspace condominiums in multi-family districts . " The suggested design guidelines articulate specific minimum standards for PD 7 projects . The attached staff report dated April 16, 1991 provides a brief statement of the rational for each of the proposed standards . The standards have been crafted in such a manner as to insure that significant flexibility remains for the project designer to accommodate individual site characteristics as well as provide for architectural creativity and individuality. Additional analysis has revealed that proposed standard "h" may be overly restrictive and may inhibit architectural flexibility to a significant degree . Staff therefore recommends that this standard be modified to read 75% of the bitab = rct oss area of the first floor. " This modification will insure that the Commission' s desire to decrease the bulk of two story structures will be implemented while retaining additional flexibility for the building designer. • ATTACHMENTS : Exhibit A - Draft Ordinance No. 222 Exhibit B - PC Staff Report (April 16, 1991) Exhibit C - PC Minute Excerpts (March 19, 1991) Exhibit D - PC Minute Excerpts (April 16, 1991) • EXHIBIT A 3 ORDINANCE NO. 222 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO • AMENDING SECTION 9-3. 651 (ESTABLISHMENT OF PLANNED DEVELOPMENT OVERLAY ZONE NO. 7) OF THE ZONING ORDINANCE BY THE ADDITION OF DEVELOPMENT STANDARDS (ZC 03-91; City of Atascadero) WHEREAS, the proposed zoning ordinance text amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment . The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on April 16, 1991 and has recommended approval of Zone Change 03-91 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings . • 1 . The proposal is compatible with the surrounding land use and zoning. 2 . The proposal is consistent with the General Plan land use element and other elements contained in the General Plan, and specifically, policies pertaining to residential development . 3 . The proposal will not result in any significant adverse environmental impacts . The Negative Declaration prepared for the project is adequate. Section 2 . Zoning Text . The Zoning Ordinance text is hereby amended by the deletion of Section 9-3 . 643 (d) and the amendment of Section 9-3 . 651 as shown on the attached Exhibit A. Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and • circulated in the City in accordance with Section 36933 of the q Ordinance #222 • Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date . This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following role call vote: AYES : NOES : ABSENT: DATE ADOPTED : By: ROBERT B. LILLEY, Mayor • City of Atascadero, California ATTEST: LEE DAYKA, City Clerk APPROVED AS TO CONTENT RAY WINDSOR, City Manager APPROVED AS TO FORM: ART MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director EXHIBIT A • 9-3 . 651 . Establishment of Planned Development Overlay Zone No . 7 (PD7) : Vie- A Planned Development Overlay Zone No . 7 4.-a may be established I . io in multiple family residential zones . The following development standards are estabiished shall be applied to all projects within Planned Development Zone No 7 • (a) She A Master Plan of Development of the site 3s shall be approved. as shown en Hxh4-bit B whieh is hereby made All construction and development shall be done in conformance with the approved Exhibit master plan. An MOdifieatien ef the Master Pjan site design may be i the level of i cucac a._ ._d to ,_ Piet -provided the—Master Plan .Jet. a -(e}_CjjL No subsequent Piet Pian, Preeise—Plan, Genu tie • Use Perfn-iter Tentative Parcel or Tract Map shall be approved unless found to be consistent with the approved Master Plan of Development . Afty ineluding eenditiens thereof, shall be aeeemplisheel as set ferth in geetie_ rrTa7—vzf this Seetien. (c) The parent lot or lots in combination must be no less than one-half (1/2) acre. The parent lot or lots shall have frontage on a public street . (e) Each dwelling unit shall be subject to review under the City' s Appearance Review Guidelines . _Building setbacks shall be as follows : Front vard at residence - 15 feet Front vard at garage - 20 feet Side yards (combined) - 10 feet Rear yard (single-story) - 10 feet Rear yard (two-story) - 15 feet W Building coverage (residence plus garage footprint) shall not exceed 35% of the individual lot area. • U/ Landscaping shall constitute a minimum of 40% of the • lot area. The measurement of landscaped areas shall be exclusive of driveways, patios, decks, etc . (h) Two story residences shall have a second floor that is limited to 75% of the habitable area of the first floor. �i All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adl acent streets and properties . Exterior fencing shall be consistent throughout the Project . Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units . ,(k) Accessory buildings (sheds, etc) will be allowed; however, the footprint of such accessory buildings will count toward the maximum percent of allowable building coverage . (1) Each proposed lot shall have a minimum frontage of forty-f '.ve (45) feet, except that lots at the end of a cul-de-sac may be forty (40) feet . (m) Parking for two resident vehicles shall be provided in • a _ garage with minimum interior dimensions of 20' X 201 . One quest parking space of at least 10' X 20' shall be provided on each individual lot . The driveway area may �)e used to satisfy the quest parking requirement . On- street parking shall not be used to satisfy the parking requirements . (nZ Private open space shall be provided for each residential unit at a ratio of 300 square feet for the first two (2) bedrooms . Each bedroom in excess of two shall cause the private open space to be increased by 50 square feet . The required front yard setback area shall not be used to satisfy the open space requirement; however, side and rear setback areas may be utilized. The minimum width of the private open space area shall not be less than ten (10) feet . (o) Individual trash collection shall be used for each residential unit . Provisions shall be made for storage of trash cans within the garage or fenced area. (p) All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. • SgZ Alterations or additions to established dwelling units shall be subiect to the density standards of the underlying zone and shall be reviewed pursuant to the • City' s Appearance Review Guidelines . , r) All dwelling units shall be equipped with water conservation devices to include low-flow shower heads and toilets, and drip irrigation systems . • • MEETING z DATE_LL 1 • MEMORANDUM To: Honorable Mayor, City Council and City Treasurer Via: Ray Windsor, City Maamr From: Arther R. Montandonty Attorney Subject: Resolution No. 38-91, Fiscal Impact Study charged to developer fees Date: June 3, 1991 Inquirer: May the costs of a computerized fiscal impact model to evaluate the impact of new development be charged as a developer fee to new development? Response: Though an argument may be made that this cost should be part of the developer fee, a more conservative and legally-defendable position would be to charge this as overhead and a processing cost. • Background: The City Treasurer has asked about the propriety of charging, as part of the City's developer fees, the costs of the computerized fiscal impact model ($22, 000.00) . She stated that, at a recent seminar she attended, it was reported that the State would initiate audits of municipalities' fee programs to ensure strict compliance. The City Council has asked that I review her concerns and ren- der an opinion to guide their decision in this matter. Discussion: Developer fees are to be adopted pursuant to Government Code Section 66000, et seq. These sections require certain findings to be made prior to imposing and collecting developer fees. The fee must defray all or a portion of the cost of a public facility re- lated to the development project; also, the City Council must find that there is a "reasonable relationship" between the fee's use and the type of development project (Government Code Section 66000) . The Fiscal Impact Model will be used to assess the financial impact upon the City of development projects. It could be argued that this information is required to plan for and design public • 1 facilities. Also, the new development requires the study of such financial impacts. As such, when this was first considered, it was • my opinion to include this cost in developer fees. With the new information regarding close scrutinyb the State, a more conservative approach may be warranted, whch still allows the City to recover its costs. This a the cost of this study and computer model to ooverhead anproach dallocproces- sing costs pursuant to Government Code Sections 65909.5 and 66014. In this manner, the City could, over time, recover the cost. ARM:cw • 2 • • REPORT TO CITY COUNCIL Agenda Item: -B-4- B-7 CITY OF ATASCADERO Through : Ray Windsor , City Manager Meeting Date: -5-,1-14,19+ _ 5/28/91 From: Mark Joseph , Administrative Services Director '+ SUBJECT: Developing a Fiscal Impact Model (Phase II of Crawford , Multari and Starr contract ) . RECOMMENDATION: Staff recommends adoption of Resolution No . 3e-91 authorizing the City Manager to execute an agreement with Crawford , Multari and Starr ( GMS) to develop a fiscal impact model . BACKGROUND ANALYSIS The first phase of this project was approved by Council and • completed in December , 1990. The result was the Long-Range Fiscal Analysis for the City. The second phase is to develop a computerized fiscal impact model , to assist in evaluating economic , and certain non--economic , issues relating to new development . Mike Multari ' s attached letter best clarifies the proposal and time frames. The $22,000 has been budgeted (one-half in FY 90-91 ; the balance is scheduled for FY 91-92) out of Developer Impact Fees. Phases III and IV, relating to the development of a computerized land use data base and Geo-based Information System ( GIS ) , have been addressed through the purchase and installation of the Computer Network in Community Development and Public Works as authorized by Council in the current budget . • RESOLUTION NO. 38-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CRAWFORD, MULTARI & STARR TO DEVELOP A COMPUTERIZED FISCAL IMPACT MODEL. The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The City Manager is hereby authorized to execute an agreement with: Crawford, Multari & Starr to construct a Computerized Fiscal Impact Model, and all other agreements or documents required to effectuate the terms of agreement. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to: appropriate • funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 28th day of May, 1991. CITY OF ATASCADERO, CALIFORNIA By: Robert B. Lilley, Mayor ATTEST: Lee Dayka, City Clerk • Crawford Multari & Starr , g • arcnitecture • puc ! ic pct ' V April 18, 1991 Mark Joseph, Director Administrative Services City of Atascadero 6500 Palma Avenue Atascadero, CA 93442 Dear Mark, As you requested, attached is a brief work program, schedule and budget for the next phase of the Fiscal Planning Project. I have also enclosed an agreement for services if this proposal meets with your approval. In sum, we will provide a fiscal impact model which can be used by the City staff to evaluate individual projects as well as changes in zoning or amendments to the general plan. The model will be "user friendly"; that is, it will be largely menu driven so that little technical knowledge of the software is required. We will include 24 hours of training time. We expect that about half of that time will be used to teach the appropriate staff persons how to use the model and half will be reserved for responding • to questions or problems that arise as staff begins to use it. We have also budgeted for two presentations, one each to the Planning Commission and to the City Council. We, of course, can make additional presentations on a time-and-materials basis, if necessary. Because of work loads, we will not be able to begin until about June 1. We will have a schematic system design, including diagrams and some explanatory text, for the staff to review by July 1. The model and procedures manual will be delivered by September 1. Training and presentations to the Commission and Council would take place during September, or whenever deemed convenient by the City. Our budget remains the same as in the original proposal: $22,000. If you need more information, or if any of this needs to be changed, please give me a call. Thank you. Sincerely, Michael Multari Principal • H�guera St.. Suite 202 San _u s Cb spo cA y31G' 305 5� c� MEETIM7, AGENDA DATE 6/11/91 ITEM# D(B • May 24, 1991 Mr.Paul CrawfordFCFI VED MQ Mr.Michael Multan Y 3 Q ' Mr.Karl Mohr 641 Higuera St. Suite 202 San Luis Obispo, CA 93401 RE: 1991 Central Coast Section APA Awards Gentlemen: Congratulations! The Awards committee has selected the Atascadero Long Range Fiscal Analysis for the Central Coast Section outstanding planning award for a Specific Planning Project and the San Luis Obispo Zone Phone for an outstanding planning award for plan implementation. With these categories, both awards are eligible for submittal at the State level under the category of a Specific Planning project. Awards for the Zone Phone will also be presented to Mr. Glenn Goodman, Mr. Allan Massicotte, and Ms. Holly Frank. • Awards for the Atascadero Long Range Fiscal Analysis will also be presented to the g City of Atascadero, Professor Prem Pangotra, Professor Steven French, and Mr. Steven Nukes. I look forward to seeing the awards recipients at the APA Central Coast Section awards dinner on June 7, (Friday). If you wish to provide any exhibits or handouts, or make a short presentation upon the receipt of the award, please coordinate that effort with Jan Hubbell at 564-5470. Details regarding dinner selections and cost may also be provided by Jan. Cordially, Carolyn Johnson Awards Chairperson CC: John Bauke Jan Hubbell 211 E Victoria #E City of Santa Barbara/Community Development Santa Barbara, CA PO Box 1990 • 93401 SantaBarbara, CA 93102-1190 Mr. Alex Hinds • Ms. Holly Frank County of San Luis Obispo County Government Center Department of Planning and Building SLO, CA 93408 Mr. Glen Goodman Mr. Alex Massicotte County of San Luis Obispo County Government Center Department of Technical Services Mr. Steven Nukes 1250 Peach St. SLO, CA 93401 Mr. Henry Engen City of Atascadero PO Box 747 Atascadero, CA 93423 Professor Steven French • Cal Poly Community and Regional Planning Program SLO, CA 93407 Professor Prem Pangotra Cal Poly Community and Regional Planning Program SLO, CA 93407 • MEETIN AGENDA DATE 611/91 ITEM! D-2 • MEMORANDUM DATE: 5/31 /91 TO: Ray Windsor, City Manager FROM: Mike McCain, Acting Fire Chief SUBJECT: Weed abatement contract bid/weed abatement program questions Per your request during our conversation on 5/29/91 , the contractor, Stephen Vines, was contacted to clarify the half-hour rate indicated on the bid sheet. Mr. Vines stated he made an error on the bid sheet and that the half-hour rate should have been $8.00, not $7.00 as shown. Mayor Lilley had a question regarding the use of assessor's parcels numbers to identify parcels for abatement rather than street • addresses. The map books used to identify parcels and information submitted to the County Assessor's Office is identified by assessor's parcel number only. Use of the assessor's parcel number for all records not only simplifies communications between the agencies, it also helps to reduce errors due to incorrect or inconsistent street addresses. This year the mailing labels for the weed abatement notices sent out were prepared by Steve Hicks, Building Official. Previously the information was provided by the County Assessor's Office. The Community Development Department computer system does have the capability of providing the street address, in addition to the assessor's parcel number. At this time, however, addresses are not indicated for all parcels. Perhaps in the future we will have the information for all parcels and can include it on the notifications sent to property owners. Mayor Lilley also had a question regarding errors in sending weed abatement notices to property owners who do not have weeds on their properties. The identification of lots requiring abatement is done by a visual inspection of all parcels in the city. As assessor's . parcel maps are used to conduct this inspection and do not indicate Memo to City Manager • 5/31 /91 Page 2 street addresses, at times there is difficulty in determining lot lines. In those instances notices are sent to hopefully the correct parcel owner, as well as to adjoining property owners in order to be sure the correct property owner is notified. Property owners of parcels which contain pastures or crops lands are sent notices to be sure they are aware those areas are exempt from abatement only as long as they are being used for pastures or that crops must be cut at harvest time. All parcels identified are included as an exhibit to the resolution declaring weeds a nuisance. Only properties identified on the exhibit may be abated by the city if the property owner does not abate the weeds, therefore notices are sent out somewhat liberally. If you would like additional information or if I can answer any other questions regarding the weed abatement program, please let me • know. MIKE MCCAIN �- -1 MM:pg BID SUMMARY •TO: Peggy Green Fire Departme FROM: Lee Dayka City Clerk BID NO. : 91-6 OPENED : 5/14/91 2:00 A.M. PROJECT: 1991 Weed Abatement The following proposals were received and opened as follows: Name & Address of Bid Price Discounts Contractor Part I Part II Available (Tractor) (Weed-Eater) Pacific Fence Co. 25. 00/hr. No bid 1.5% P.O. Box 99 15.00/1/2 hr. Morro Bay, CA 93443 Vines of Life Landscape 27.50/hr. 15.50/hr. 5.0% 1879 Brighton, #B 14.50/1/2 hr. 7. 00/1/2 hr. Grover City, CA 93433 •Young Brothers Const. 30. 00/hr. 17. 00/hr. -0- P.O. Box 1176 20.00/1/2 hr. 8.50/1/2 hr. Atascadero, CA 93423 Jack Bridwell 30.00/hr. 16. 00/hr -0- 11600 Viejo Camino 20.00/1/2hr. 10.00/1/2hr. Atascadero, CA 93422 Greg Rosenthal Const. 36.00/hr. 18. 00/hr. 1.0% 840 Fawn Lane 18. 00/1/2 hr. 9.00/1/2 hr. Paso Robles, CA 93446 B&H Communications 40.00/hr. 18.75/hr. 1.0% P.O. Box 92 25.00/1/2 hr. 11. 00/1/2 hr. Santa Margarita, CA 93453 Brett' s Tractor Service 55.00/hr. 30. 00/hr. -0- 735 Walnut Drive 40. 00/1/2 hr. 20. 00/1/2 hr. Paso Robles, CA 93446 Attachments: 7 proposals is • REPORT TO CITY COUNCIL Agenda Item: D-3 CITY OF ATASCADERO Through : Ray Windsor , City Manager Meeting Date: 6/ 11/91 From: Mark Joseph , Administrative Services Director SUBJECT: Support for Soviet Student Exchange RECOMMENDATION: Staff seeks direction from Council on how to proceed . BACKGROUND/ANALYSIS: At the May 28, 1991 Council Meeting , Mayor Lilley noted the efforts of Steve Worford , who is coordinating a student exchange between Atascadero High school students and 23 Soviets (21 students, 2 advisors) . They are scheduled to arrive in New York City on June 22, 1991 . • Mr . Worford expects to need approximately $9,000 to cover travel expenses from New York City to Atascadero . He anticipates that he will have about half of the costs and is still seeking donations . Although the e>:change is planned for this year , Mr . Worford hopes to see this project become an annual event . In FY 89-90, Council authorized $500 for a similar program - - Soviets , Meet Middle America . OPTIONS: 1 . Council can include Mr . Worford ' s request as part of the FY 91--92 Community Group Funding process ( scheduled for June 19, 1991 ) . 2 . Council can author- i ze a donation out of ct r,-ent appropriations . REPORT TO CITY COUNCIL MEETING DATE: 6/11/91 • CITY OF ATASCADERO AGENDA ITEM: D=4 Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works RECOMMENDATION: Authorize the Public Works Director to enter into an agreement with Mr. Kelly Gearhart to contribute $20, 000 towards the construction of approximately 500 feet of Santa Cruz Road as shown on the attached map. BACKGROUND Mr. Kelly Gearhart is proposing to develop three parcels located at the far north end of San Ramon Road (see enclosed vicinity map) . Two of the parcels front on a portion of Santa Cruz Road which has not yet been constructed. The Public Works Department initially conditioned Mr. Gearhart's project to fully construct approximately • 500 feet of Santa Cruz Road and use this road for access to the two adjoining properties. After engineered improvement plans were prepared, it was determined that constructing this portion of Santa Cruz Road would cost approximately $50, 000. The high cost was due to provisions to protect a regional gas pipeline that crosses the road and the large quantity of fill needed to bring the road to match the grade of the existing San Ramon Road. The high cost of constructing Santa Cruz caused Mr. Gearhart to seek other ways of accessing his property. He subsequently presented a plan whereby several small driveways could be constructed to provide the needed access. While the series of driveways would technically meet his access requirements, this approach would make it difficult for Santa Cruz to be constructed in the future. DISCUSSION The completed portions of Santa Cruz in the northwest section of the City serves a large area. Currently, residents using this road must travel an indirect route to reach Santa Cruz. As the area grows out and traffic increases, direct access to Highway 101 will greatly improve traffic circulation. • To complete this linkage, Santa Cruz must be constructed on the Kelly property and a bridge constructed across Graves Creek. Other • minor road improvements must also be made on the existing portion of Santa Cruz. However, Santa Cruz is 90% complete and only the improvements described above are necessary to create a major new access point to the northern portion of the City. The issue before the Council is whether to participate in a joint effort with ,Mr. Gearhart to construct the unbuilt portion of Santa Cruz Road. In staff's opinion the $50, 000 cost to construct this road is an excessive requirement to place on a project that would construct three houses, particularly when the applicant has an alternative (and less expensive) means of acquiring access to the properties. As discussed above, the City would realize substantial benefit from the construction of Santa Cruz. The proposal before the Council is for the City to enter into an agreement with Mr. Gearhart to construct 500 feet of Santa Cruz Road, according to City standards, with the City contributing $20, 000 towards the construction cost. Mr. Gearhart would be responsible for all remaining construction costs. Upon completion, the road would be taken into the City road system. The applicant has indicated his concurrence with this arrangement. OPTIONS: 1. The Council may indicate that constructing Santa Cruz Road is a reasonable requirement of the project and direct staff to 0 condition the project accordingly. 2. The Council may choose not to pursue the construction of Santa Cruz Road at this time and opt for access by private driveways. FISCAL IMPACT: If staff recommendation is approved, $20, 000 would be expended from the gas tax fund. • IM, IRM fir, Will • SANTA CRUZ ROAD (SITE j -, \ SANTA GRL)z RaAD 40 � �� •.� - 101 FVTvRE Q IMPRo✓EME�I/TS •• O V� lz- Ex�STi vG IMPRp✓EME&('5 �v O U E t O /4� 1 1 VICINITY MAP NO SCALE • r 'r • REPORT TO CITY COUNCIL CITY OF ATASCADERO Item No: D-5 Through: Ray Windsor, City Manager Mtg. Date: 6/11/91 From: Henry Engen, Comm. Dev. Director VA File No: GP Cycle 2-91 SUBJECT: Preliminary review of the General Plan Amendment application submitted for review and action in the second cycle of 1991. RECOMMENDATION: Per the Planning Commission' s recommendation, initiate consider- ation of General Plan Amendment 2A-91 (905 El Camino Real - Daven Investments/Cosmic Astro Corporation/Guy Greene - request to change land use designation from Retail Commercial, Recreation, and Suburban Residential to Commercial Park and Recreation) . BACKGROUND: • At their May 21, 1991 meeting, the Planning Commission considered the second cycle for 1991 General Plan Amendments. After review and discussion, the Commission recommended initiation of the one amendment request filed. No additional amendments were recommended by the Commission. There was no public testimony as reflected in the attached minutes excerpt. HE:ps Attachments: Staff Report - May 21 , 1991 Minutes Excerpt - May 21, 1991 CITY OF ATASCADERO Item: lij"� • STAFF REPORT FOR: Planning Commission Meeting Date: May 21, 1991 BY:J0ADoug Davidson, Senior Planner File No: GP Cycle 2-91 SUBJECT: Preliminary review of the General Plan Amendment application submitted for review and action in the second cycle of 1991. RECOMMENDATION: The Planning Commission should recommend consideration of General Plan Amendment 2A-91 to the City Council, as shown on the attachments. Furthermore, staff is not recommending that the City initiate any other amendments at this time, because the Land Use Update program is nearing fruition. BACKGROUND: • The application period for the second cycle of 1991 closed on April 1, 1991. The purpose of this report is to allow the Planning Commission an opportunity to comment on the proposed Amendment and to approve or modify the associated study area. Also, the Commission can initiate additional amendments to the General Plan at this time, however, as stated above, this is not recommended. Consistent with prior practice, the corresponding Zoning Ordinance text and/or map revisions will be processed concurrently. PROPOSED AMENDMENT: The City received one individual request this cycle for a General Plan amendment. The application proposes the following: GP-2A-91 - 905 El Camino Real (Daven Investments/Cosmic Astro Corp./Guy Greene - former Rochelle property) . General Plan Amendment From Retail Commercial, Recreation, and Suburban Residential to Commercial Park and Recreation. • • Zone Change - From CT (Commercial Tourist) , L (Recreation) , RS (Residential Suburban) with FH (Flood Hazard Overlays) to CPK (Commercial Park) and L (Recreation) with FH (Flood Hazard) and PD (Planned Development) Overlays. The application seeks to recognize the site constraints to residential development, such as the railroad right-of-way and flooding potential, by proposing a Recreational Vehicle (RV) park. This would expand the recreational zoning of the 103 acres site to 76 acres and eliminate the portion designated for single family residential development. In conjunction, the proposed commercial area increases from 10 acres to 27 acres with a Commercial Park designation replacing that of Commercial Tourist. The CPK zone is to allow for aro osed auto mall. P P Since this land was prezoned and annexed to the City in 1984, the special characteristics and development constraints of the site have been apparent, but never analyzed beyond a conceptual stage. The proposed auto mall and RV park present a different set of development issues than the original proposal; thus the previously certified Environmental Impact Report (EIR) is not adequate. The applicants have authorized the City to select a • consultant for a supplementary EIR and submittal of the proposed work scope is imminent. Staff believes that this request can be reviewed independent of the General Plan Update program. In fact, this amendment request is the appropriate method to conduct analysis and environmental review for a large site with a number of development issues. A PD Overlay or Specific Plan area would be incorporated into the review as a means to limit the scale of the project to the preferred option. It is also anticipated that the approved, but not recorded, Tentative Parcel Map would be revised to reflect the ultimate development scheme. ATTACHMENTS: Attachment A - Zoning Map Attachment B - General Plan Land Use Map Attachment C - Conceptual Site Plan Attachment D - Development Statement • ATTACHMENT A CITY OF ATA ZONING MAP �M, �• •• • SCADERO s: GPA 2A-91 3c COMMUNITY DEVELOPMENT DEPARTMENT • SITE i" Req P ( F/j RS ( F �, i TAIIFFIC� 1' • O W / \ r, \ n1 �� Y iR �• 6 iN A s IIAQCIA -,� . 1 • i �. � 1 C �l ATTACHMENT C f CITY OF AT CONCEPTUAL SITE PLAN ASCADERO •�N GPA 2A-91 CIAW COMMUNITY DEVELOPMENT DEPARTMENT • i } ------------------ --------------- ---------------------i ROVER Fp ti \ i i wo ATASCAC!RO (- �O MALL 711; / `1 1 V 920 90 7w r 7r.0 SECTION - "OPwONTAL SCALD i'= :00• VERTICAL SCALE, 1'- 40' =P,�orcTY GUY GREENE. PLANNER • ATTACHMENT D GPA 2A-91 • GUY GREENE • LAND PLANNER • 7339 Yucca Via, Tucson, Arizona 85704 (602) 742 0267 Application, General Plan Amendment/Zone Change Rochelle property Supplemental Development Statement/Environmental Information Property Description. The property comprises approximately 103 acres, and is divided physically into two areas, by both natural topography and cultural features. The northern portion of the land is associated with the Salinas river channel/floodplain/terrace, and is bordered on the south by the Southern Pacific Railroad. The upper terrace appears to above the 100-year flood limit, although we have not found a precise definition of this limit. The area of this portion of the property is about 76 acres. The southern portion, about 27 acres, is bounded on the north by the railroad and on the south by Highway 101 and an interchange. It is higher in elevation than the southern section, and is typical of the gently-rolling oak-grassland of this region. Soils appear to be uniform, and alluvial in origin. Expansive clays may exist on the property, but would not be highly significant in relation to the proposed uses. The land has been used for agriculture, and is therefore more vulnerable to erosion than • would be the case if it were undisturbed. Development would benefit this condition. Vegetation includes grasses, Valley and Live Oak, Willow and Cottonwood. There appear to be no nesting areas or evidence of continual use by wildlife. The railroad, the freeway, and the river separate the propery from those surrounding it on all sides except the southeast. The adjacent property along the river is public, and vacant. Adjacent to the upper area, between the railroad and the freeway, are four single-family lots, one of which is owned by the applicant. They are part of a residential neighborhood of mixed single-family and high-density multi-family dwellings. The proposed development would occur on a terrace considerably below these adjacent properties. Police and fire services are 10-12 minutes away. There is at present no sewer service to the property, and the developer proposes to install a package treatment plant with an acceptable level of treatment. The property is served by the Atascadero Mutual Water Company. At this time, no agreement exists with this company, but the owner has completed a well on the property which appears to be entirely adequate for the proposed development. An existing P.G.& E. easement traverses the property in an east-west direction adjacent to Graves Creek. • ATTACHMENT D (cont. ) Proposed Development. The property is presently zoned Commercial-Tourist, Recreation, and Residential Suburban. The presence of the river, with its attendant flood hazard on the north, the freeway on the south, and the railroad down the middle, constitutes a group of deterrents to permanent, single-family residences. We propose, therefore, to expand both the commercial and recreational uses in a manner which seems particularly appropriate to the this somewhat unusual property. The accompanying plan shows the recreation zone expanded to include all of the northern, or river-oriented area, in the form of an RV park. There are approximately 440 spaces on 25 acres leaving, in addition to the recreation areas, over 50 acres of open space. The park would have direct access to the freeway, but would not be visible from it nor, for the most part, from the surrounding properties. RV's are not vulnerable to flooding; they are unaffected by shallow water, and in the event of severe flood warnings, can quickly be moved. From the standpoint of long-range planning, this use has the advantage of keeping this 76 acres as a single parcel without significant structural elements. The upper area is shown as a commercial use in its entirety, which seems in keeping with the fact that the area is clearly a single physical entity, with no apparent reason for dividing it. A small part of the southern edge of the property abuts three or four • residential lots, but they would be separated vertically, the commercial area being some twenty feet below the top of the adjacent property. The auto mall is the suggested use, becuase there appears to be a demand for such a facility in Atascadero, and it would generate a substantial volume of business without a corresponding volume of traffic. This application does not attempt to provide complete information on details of various environmental aspects of the property or the program because there exists a previously prepared EIR, much of the basic information in which has not changed, and because it is our understanding that an EIR up-date will be required, a procedure with which we concur and to which we agree. GUY GREENE • LAND PLANNER - 7339 Yucca Via, Tucson, Arizona 85704 (602) 742 0267 • May 15, 1991 Mr. George Luna, Chairman Planning Commission, City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Subject: Rochelle property, General Plan Amendment 1D-91/Zone Change 02-91 Dear Mr. Luna: I find it difficult to make the trip from Tucson to attend the Tuesday meeting on the above subject, for which I apologize. I have worked closely with your staff in preparing this application; Henry Engen, Steve DeCamp and Doug Davidson have all been extremely helpful in providing advice and direction. • Staff is, I believe, concluding negotiations for the preparation of an EIR up-date for the project, and we will be pleased to provide such additional reports or studies as may be required to establish the viability of the program. I hope that the Commission will find it possible to initiate the processing of the application, which I think is essentially sound in its proposals. I have always found it a pleasure to work in Atascadero, and I look forward particularly to this project. It is rewarding to accomplish something which benefits not only the client, but the community as well. Sincerely, reene c. Doug Davidson • PC 5/21/91 - MINUTES EXCERPT Cbmmissioners Highland and Kudlac. • Commissioner Hi d observed that as a whole, the Commission seems to have minor rences with priorities previously discussed. He noted that staff`h��s done a good job in putting this together. Perhaps next year,`t CIP can be reviewed again with possible adjustments made to priorities. Chairperson Luna concurred. 2. Preliminary review of General Plan Amendment application submitted for review and action in the second cycle of 1991. Doug presented the staff report noting that the proposed land use designations are generalizations because of the General Plan Update process, and are subject to change as the project is reviewed. The proposed General Plan Amendment can be looked at independently of the overall Update program. Mr. Davidson reported that the scope of the project had just been received by staff earlier. As well, a traffic study has been submitted which addresses a wider overall area of traffic factors. No public comment was given. Commissioner Waage stated that there appear to be many • barriers to project approval (i.e. , lack of sewer, railroad right-of-way issue, etc) . The problems appear to be unsolveable. Mr. Decamp cautioned that this project can not be dismissed without reviewing it as the project deserves "its day in court" . He added that the railroad right-of-way is a critical concern which has been relayed to the consultant. Discussion continued. MOTION: By Commissioner Highland, seconded by Commissioner Lochridge and carried 6:0 to recommend consideration of General Plan Amendment 2A-91 to the City Council. Chairperson Luna called a recess at :55 p.m. ; meeting reconvened at 9: 05 p.m. 3. Review and discussion,on status report on Update of Noise Element/Ordinance.- Mr. lement/Ordinance:Mr. Davidsonpreysented the staff report noting that the Noise Element (one of seven State mandated elements of the General Plan) is a planning document which provides a policy framework • within which potential noise impacts may be evaluated. r ' • REPORT TO CITY COUNCIL Agenda Item: D-6 CITY OF ATASCADERO Through : Ray Windsor , City Manager Meeting Date: 6/11 /91 From: Mark Joseph , Administrative Services Director SUBJECT: Earthquake Insurance RECOMMENDATION: Staff seeks Council approval to purchase Earthquake Insurance. BACKGROUND: The City ' s total property insurance premium for FY 91-92 is estimated at $7,339. Our insurance policies have traditionally excluded earthquake and flood coverage, generally because of the high premiums involved . Preliminary research indicates earthquake insurance would cost more than the City ' s other • property insurances combined . The issue is, should the City add the extra coverage, particularly in light of City Hall being both a historical site and an unreinforced masonry building , as well as Atascadero being so close to the Parkfield Fault? Staff supports the additional insurance. It ' s a significant expense, but the risk of losing City Hall is far more serious. Because an earthquake is a very realistic possibility, insurance is the most prudent short-term alternative, until such time as City Hall is reinforced . At that time, although it may remain a useful expense, it may not be as urgent . With Council ' s support , staff will work with the City ' s JPA ( Self-Insurance Group ) to find the best policy and report back to Council ( in July or August ) . FISCAL IMPACT Because the City ' s liability insurance premium has dropped from last year , staff feels the City could absorb the extra cost in FY 91-92. • MEETING AGENDA DATE r1i� REM# LUIS OBISPO COURTY J910 GOVERNMENT CENTER • SAN LUIS OBISPO,CALIFORNIA 93408 • (805) 549-5252 CLINTON MILNE County Engineer GLEN L. PRIDDY 410 DEPUTY COUNTY ENGINEER NOEL KING COUNTY ENGINEERING SPECIAL DISTRICTS ADMINISTRATOR DEPARTMENT ROADS TRANSPORTATION May 23, 1991 TRANSIT FLOOD CONTROL WATER CONSERVATION COUNTY SURVEYOR IAL DISTRICTS City of Atascadero SPECIAL WASTE 6500 Palma Ave. Room 207 Atascadero, CA 93422 Subject: Master Water Plan Dear Robert Lilley, Mayor: Earlier, at the request of Supervisor David Blakely, I provided you with a copy of the County's • Master Water Plan Update. In the Summer of 1986, 1 appeared at each of the council meetings of the seven cities to brief them about the Plan. Since that time, there have been changes on the councils and it would now appear appropriate to review the Master Water Plan again. I think this would be most appropriate in light of the actions that will be taken on the State Water Project, and also on the interest now being shown on the Nacimiento Water Supply Project. If you agree, then request that you set up some time at one of your council meetings for me to review the Master 4— Water Plan. Sincerely, � 6/11/91 - NOTE TO COUNCIL: CLINTON MILNE STAFF REQUESTS COUNCIL DIRECTION ON County Engineer WHETHER, AND THEN WHEN, A PRESENTATION SHOULD BE MADE. DUE TO NUMBER OF HEARINGS mwtrpin.ltr.ams SCHEDULED FOR JUNE 25TH, STAFF WOULD REC- OMMEND THE IST MEETING IN JULY OR OTHER. cc: Harry Ovitt, Supervisor District 1 Bud Laurent, Supervisor District 2 Evelyn Delany, Supervisor District 3 Ruth Brackett, Supervisor District 4 David Blakely, Supervisor District 5 Bob Hendrix, County Administrator