Loading...
HomeMy WebLinkAboutAgenda Packet 05/14/1991 PUBLIC REVIEW COPY PLEASE DO NOT REMOVE FROM COUNTER * NOTICE: THE CITY COUNCIL WILL MEET AT 6:00 P.M. , 4TH FLOOR CLUB ROOM, IN CLOSED SESSION FOR PURPOSES OF DIS- CUSSION REGARDING MATTERS OF PERSONNEL, PENDING LITIGATION AND PROPERTY PURCHASE. AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM MAY 14, 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 Day", May 19, 1991 Presentation by Mary Gayle, Burke, Williams & -Sorensen, Esq. , on study of the feasibility of accepting Atascadero Colony Roads COMMUNITY FORUMS 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 & staff. A. COMMITTEE REPORTS (The following represents ad hoc or standing committees. Informative status reports will be given, as felt necessary. ) : I. S.L.O. Area Coordinating Council/North Coastal Transit 2. Solid/Hazardous Waste Management Committee 3. Recycling Committee 4. Economic Opportunity Commission 5. City/School Committee 6. Traffic Committee 7. Downtown Interim Sign Committee (See Item D-1) 8. County Water Advisory Board 9. Economic Round Table 10 B.I.A. 11. Colony Roads Committee 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 2 removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. APRIL 9, 1991 CITY COUNCIL MINUTES 2. APRIL 23, 1991 CITY COUNCIL MINUTES 3. GENERAL PLAN CONFORMITY REPORT - CONSIDERATION OF PLANNING COMMISSION'S REPORT ON ACQUISITION OF STADIUM ;PARK 4. TENTATIVE PARCEL MAP 24-88, 8005 SAN GABRIEL - Subdivision of two lots of 9.35 acres into three parcels containing 2.50, 2.50 and 4.35 acres (Kenney/Stewart) 5. RESOLUTION NO. 36-91 - AUTHORIZING CITY ACCOUNT WITH ORANGE COUNTY'S INVESTMENT POOL 6. RESOLUTION NO. 38-91 - AUTHORIZING PHASE II OF CRAWFORD, MUL- TARI & STARR STUDY: FISCAL IMPACT MODEL 7. RESOLUTION NO. 39-91 - APPROVING LEASE/PURCHASE AGREEMENT WITH VALLEY BANK LEASING FOR THE PURCHASE OF CAPITAL EQUIPMENT 8. RESOLUTION NO. 40-91 - AUTHORIZING PARTICIPATION IN THE GREAT WESTERN BANK DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES 9. RESOLUTION NO. 37-91 - ADOPTING A CITY-WIDE SAFETY PROGRAM, PURSUANT TO SB 198 10. CHANGE ORDER RE: PARKING LOT, FIRE STATION #1 C. HEARINGSIAPPEARANCES: 1. C.U.P. 01-91 - APPEAL OF PLANNING COMMISSION: CONDITIONS OF APPROVAL TO PERMIT EXPANSION OF ATASCADERO CARD PARLOUR, 5950 EL CAMINO REAL 2. SAN MARCOS ROAD EXTENSION - TREEREMOVALREQUEST (cont'd from 2/26/91) D. REGULAR BUSINESS• 1. DOWNTOWN INTERIM SIGN COMMITTEE REPORT (Mayor Lilley) 2. RESOLUTION NO. '- APPOINTMENT TO FILL VACANCY ON BUILDING & CONSTRICTION BOARD OF APPEALS 3 E. INDIVIDUAL DETERM,,,INATION ANDIOR ACTION: 1. City Council 2 City Attorney 3. City Clerk 4. City Treasurer 5. City Manager 4 • PROCLAMATION "CALIFORNIA PEACE DAY" MAY 19, 1991 WHEREAS, The California State Legislature has resolved, and the Governor has proclaimed that all persons, institutions and communities set aside the third Sunday in May as Peace Day, in recognition that peaceful resolution of conflict, mutual under- standing and good will are ways to a just and lasting peace; and WHEREAS, Our world has gained a new recognition of our inter- relatedness and interdependence and has begun new attempts to achieve peace through collective security; and WHEREAS, It is important that all citizens take this opportu- nity to rededicate themselves to a world free from violence and war and work to accomplish peace, security, justice and dignity for all people; and WHEREAS, 1991 California Peace Day, "Discovering Our Common Ground: MANY PATHS TO PEACE" is a day of tribute to the importance of unity within diversity, as people live and work together toward a lasting peace in our ;world; and WHEREAS, All citizens can be part of the peacemaking process through our daily actions and commit to promoting peace in our community, which is reflected in the acts of governments and organ- izations and, most particularly, in the minds and hearts of each of us, NOW, THEREFORE, THE CITY OF ATASCADERO does hereby proclaim Sunday, May 19, 1991 as "California Peace Day" and May 1991 is hereby declared the "Month of Peace" . ALEROBERT , Mayor City of Atasca o, CA May 14, 1991 City of Santa Cruz MAYOR AND CITY COUNCIL ,', Apr i l 29, 1991 C�r • r'—�:•w*� CONTACT: Peace Day Project 180 7th Avenue, Suite 107 =-�:-— Santa Cruz, CA 95062 Dear Mayor: (408) 475-0207 I am writing to invite you to join with the many cities that will proclaim California Peace Day on Sunday, May 19, 1991. This is the third year that our State Legislature will pass a resolution recognizing the third Sunday in May as Peace Day and urging each city and county to "set aside some part of the day toward the promotion and recognition of the peaceful resolution of conflict through mutual understanding and good-will .' In 1989, the first Peace Day in California was proclaimed by Governor Deukmejian, who emphasized that "California, whose diverse people represent a nation within a state, has proven that diversity is . a strength that can be directed to peaceful ends." It is anticipated that this year Governor Wilson will carry on this popular tradition. In 1990, more than 100 California cities and counties, representing 50% of the popu- lation of California, proclaimed our second statewide Peace Day. Also in 1990, the Governors of Alabama, Alaska, Arkansas, Florida, Illinois, Maryland, Massachusetts, Mississippi, Pennsylvania, and Rhode Island joined California in proclaiming Peace Day. The theme for this year's Peace Day celebration in Santa Cruz is "Many Paths To Peace." Peace Day will be an opportunity for the community to thank the many service organizations, schools, businesses, and government agencies that work diligently every day for a safe and healthy community. Peace Day will stand as a day of tribute to the importance of unity within diversity, as we live and work toward a lasting peace in our world. For the past two years, Peace Day Project (PDP), a non-profit educational organiza- tion, has coordinated the recognition of California Peace Bay. In 1990 PDP was one of ten organizations throughout the world to be appointed a United Nations "Peace Messenger" by Secretary General Javier Perez de Cuellar, in recognition of i,t's contribution to peace at the local level . For information, contact the Peace Day Project at 180 Seventh Avenue, Suite 107, Santa Cruz, CA 95062, Telephone (408) 475- 0207. Please let Peace Day Project know how your city will celebrate. Recent world events make this an especially appropriate time to proclaim and celebrate Peace Day in your community. Please join us in celebrating on May 19, 1991. Warmest regards, Jane Yokoyama Mayor su I\KAYONUETTERVEACEDAY.LTR CALIFORNIA CITIES PROCLAIMING �tg01ctC0�lxOtt9►'Otptd "PEACE DAY," SUNDAY, MAY 20, 1990 PEACE DAY 1 . Alhambra 2. Antioch 3. Apple Valley 4. Baldwin Park 180 Seventh Avenue, Suite 107 5. Bell Gardens Santa Cruz,G M62,(W 475.020: 6. Berkeley 7. Beverly Hills 46. National City 8. Capitola 47. Newark 9. Cathedral City 48. Newman CALIFORNIA COUNTIES 10. Clayton 49. Newport Beach PROCLAIMING "PEACE D/ 11 . Colton 50. Norco SUNDAY, MAY 20, 1990 12. Crescent City 51. Novato 13. Cypress 52. Oakdale 1. A!.-.m-da 14. Dana Point 53. Ojai 2. Los Angeles 15. Del Mar 54. Orinda 3. Contra Costa 16. Del Rey Oaks 55. Palm Springs 4. Mono 17. Duarte 56. Palo Alto 5. Monterey 18. Dublin 57. Pinole 6. Napa 19. East Palo Alto 58. Redwood City 7. Riverside 20. Emeryville 59. San Bernardino 8. San Francisco 21 . Eureka 60. San Carlos 9. San Luis Obispo 22. Fontana 61 . San Francisco 10. Santa Clara 23. Fort Bragg 62. San Jose 11. Santa Cruz 24. Fowler 63. San Marcos 12. Shasta 25. Garden Grove 64. San Mateo 13. Siskiyou 26. Gilroy 65. San Pablo 14. Solano 27. Half Moon Bay 66. San Ramon 15. Sonoma 28. Hayward 67. Santa Barbara 16. Stanislaus 29. Hemet 68. Santa Clara 17. Trinity 30. Huntington Park 69. Santa Clarita 31. Indio 70. Santa Cruz STATES PROCLAIMING 32. Irvine 71. Santa Monica "PEACE DAY" 33. La Palma 72. Scotts Valley SUNDAY, MAY 20, 199( 34. La Verne 73. Sebastopol 35. Loomis 74. South San Francisco 1. Alabama 36. Los Alamitos 75. Sutter Creek 2. Alaska 37. Los Altos Hills 76. Temecula 3. Arkansas 38. Los Angeles 77. Upland 4. California 39: Los Gatos 78. Valle 5. Florida 40. Lynwood 79. Vista 6. Illinois 41. Madera 80. Walnut Creek 7. Maryland 42. Menlo Park 81 . Watsonville 8. Massachusetts 43. Merced 82. Westminster 9. Mississippi 44. Monterey 83. Woodside 10. Pennsylvania 45. Mountain View 84. Yountville 11. Rhode Island MEEnNG AGENDA DAT 514 91 ffEM1 B-1 ATASCADERO CITY COUNCIL MINUTES APRIL 9, 1991 The meeting was called to order by Mayor Lilley at 7: 02 p.m. The Pledge of Allegiance was led by Councilman Dexter. ROLL CALL: Present: Councilmembers Borgeson, Nimmo, Shiers, Dexter and Mayor Lilley Absent: None 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; Henry Engen, Community Development Director; Greg Luke, Public Works Director; Andy Takata, Community Services Director; Lt. Bill Watton, Police Department and Gary Kaiser, Assistant Planner COUNCIL COMMENT: j Councilwoman Borgeson complimented Andy Takata and his staff for the attractive appearance of the Traffic Way Ballfields. In addition, she stated that she would like to see Council committee reports given at the beginning of each meeting so that more of the public could be present to receive the status reports. On another matter, Councilwoman Borgeson reported that she had received a complaint relating to the installation of a GTE Mobile cellular receiving station on Santa Ana Road. She proposed that construction of this nature be subject to a Conditional Use Permit. The City Manager noted that staff was aware of the situation and would be coming before the Council with just such a recommendation at the next regular meeting. Brief discussion ensued relating to meeting format. By common consensus it was decided to move Committee Reports up after Community Forum recognizing that Individual Determinations would remain at the end of the agenda. CC4/9/91 It Page 1 PRESENTATIONS AND PROCLAMATIONS: Mayor Lilley recognized the work of H. John Edens, Jr. , outgoing member of the Building & Construction Board of Appeals. Mr. Edens was not present to accept the plague of appreciation and the Clerk was asked to see to it that it was received. Alan Metzler, Assistant Director of Community Services and Zoo Manager, and Mr. George Beatie, President of the Zoological Society, presented the Zoo Accreditation Plaque to Mayor Lilley. Mayor Lilley read the proclamation for "National Library Week" , April 14-21, 1991. In addition, Mayor Lilley read a letter from Dave Transportation Services, Inc. to Greg Luke, Public Works Director, notifying him that the Atascadero Dial-A-Ride was awarded the First Place Award of Excellence. COMMUNITY FORUM: George Highland, 7275 Carmelita Avenue, expressed concern relating to the lack of a hearing schedule on the General Plan Update. Henry Engen, Community Development Director, responded that the firm of Crawford, Multari & Starr was presently preparing the draft Environmental Impact Report and indicated that he anticipated hearings would begin in the Summer of 1991. Carol Ball, local resident and realtor, remarked that she had appreciated the open forum presented by Caltrans on the proposed Highway 41 extension. A. CONSENT CALENDAR: Mayor Lilley read the Consent Calendar, as follows: 1. MARCH 12, 1991 CITY COUNCIL MINUTES 2. RESOLUTION NO. 27-91 - AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS TO THE STATE OF CALI- FORNIA FOR PUBLIC WORKS PROJECTS 3. RESOLUTION NO. 29-91 - AUTHORIZING APPLICATION FOR STATE LICENSING UNDER THE SCHOOL-AGE CHILD CARE PROGRAM 4. PROPOSED CONTRACT FOR PROFESSIONAL SERVICES - DESIGNING SEISMIC STRUCTURAL RETROFIT OF THE CITY ADMINISTRATION BUILDING (Fred H. Schott & Associates) 5. BID AWARD FOR PURCHASE OF UNMARRED POLICE SEDAN CC4/9/91 Page 2 MOTION: By Councilman Nimmo and seconded by Councilwoman Borgeson to approve the Consent Calendar Items A-1 through A-5; motion unanimously passed by roll call vote. B. HEARINGS/APPEARANCES: 1. GENERAL PLAN AMENDMENT 1B-90, ZONE CHANGE 10-89 & TTM 31-90 - Consideration of application to ( 1) change the land use designation of approximately 24 acres from Retail Commercial to Special Recreation, (2 ) change the zoning of said 24 acre site from CT(FH) (Commercial Tourist/Flood Hazard Overlay) to LS(FH) (PD8) (Special Recreation/Flood Hazard Overlay/Planned Development Overlay) , and (3) divide the same 24 acre site into 15 parcels for single-family residential use and two larger parcels for recreational use. Subject property is located on the southwest corner of the Highway 101 & Santa Barbara Road intersection (Boud & Associates/Eagle Creek Associates) A. Approval of General Plan Amendment 1B-90 based on the Findings contained in Resolution No. 31-91. B. Ordinance No. 221 - Amending Map 23 of the official zoning maps by rezoning that certain real property described as Lots 18-25 and "Park Reservation All of Block 72, Atascadero Colony, from CT(FH) to LS(FH) (PD8) ; and amending the text of the City Zoning Ordinance to include the provisions for the PD8 Zone created herein. (Recommend motion to waive reading in full and approve on first reading by title only. ) C. Approval of Tentative Tract Map 31-90 subject to the Planning Commission' s Findings and Revised Conditions of Approval, Exhibit B, March 5, 1991. Henry Engen gave the staff report noting that originally the project had proposed 15 individual lots with two open space lots, a clubhouse, pool, tennis courts and a golf course. The project, he reported, had been revised from 15 to 12 single family lots by the Planning Commission. He noted the presence of Gary Kaiser, Assistant Planner, who had carried the project and was available for questions. Council questions followed relating to the golf course, open space, landscaping and water. Mr. Engen explained that the applicants had proposed to meet the demand for watering the golf course through the combined use of on-site wells and a greywater system. He also reported that the Master Plan for the project would preclude any uses other than a golf course on the parcel. CC4/9/91 Page 3 Public Comment: Joe Boud, representing the firm responsible for planning and design, noted that he was in agreement with all conditions. In addition, he presented an overview of the concept and responded to brief questions from Council relating to sewage disposal and trees. There were no other public comments. Council discussion followed. Councilman Shiers stated the importance of making sure that there was adequate water. He remarked that he could support the project because it was a good use of the property adding that the proposed zone change would be more appropriate than the current zoning. Councilwoman Borgeson noted that she had hoped for more public input. She indicated ambivalence because while she liked the project, she was concerned with approving it while under an emergency water status. Councilman Nimmo congratulated the developer and staff for designing a sensitive use for the site. He emphasized that he believed the project would fill a serious gap in recreational facilities in the community. Councilman Dexter reported that while he shared similar concerns regarding water, he favored the project. Mayor Lilley agreed. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to approve General Plan Amendment 1B-90 based on the Findings contained in Resolution No. 31-90; motion unanimously approved. MOTION: By Councilman Dexter and seconded by Councilman Shiers to waive the reading of Ordinance No. 221 in full and approve by title only; motion carried 5:0. MOTION: By Councilman Dexter and seconded by Councilman Nimmo to approve Ordinance No. 221 on first reading; motion unanimously passed. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to approve Tentative Tract Map 31-90 subject to the Planning Commission' s Findings and Revised Conditions of Approval; motion carried unanimously. 2. FORESTRY & WOODLOT MANAGEMENT A. Ordinance No. 220 - Adding Forestry and Woodlot Manage- CC4/9/91 Page 4 ment Provisions to the City's Tree Ordinance (Ord. #214) (Recommend motion to waive reading in full and approve on first reading by title only. ) B. Resolution No. 28-91 - Adding Forestry and Woodlot Man- agement Standards to the Tree Ordinance Standards and Guidelines (Res. #125-90) Henry Engen presented the staff report introducing a proposed chapter to the comprehensive revised Tree Ordinance, together with implementing guidelines. He pointed out that the Planning Commission had not recommended any fees and asked that Council give related direction. The City Manager suggested additional language relating to the plan' s provisions of approval. Both Councilman Nimmo and Mayor Lilley proposed minor changes in language relating to the plan' s purpose (see Resolution No. 28-91, Exhibit A) . Public Comments Fred Frank, 3615 Ardilla, thanked staff for coming up with a good compromise and urged Council to adopt the Forestry and Woodlot Management Plan. Councilman Shiers asked him if he was satisfied that it would protect the oaks and adequately address regeneration. Mr. Frank responded that he was. Jim Dulitz, 1300 Garcia Road, expressed support and encouraged favorable action. MOTION: By Councilwoman Borgeson and seconded by Councilman Dexter to waive the reading of Ordinance No. 220 in full and approve by title only; motion unanimously carried. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to approve Ordinance No. 220 adding "Forestry and Woodlot Management" Section to the "Tree Ordinance on first reading; motion passed 5: 0. MOTION: By Councilwoman Borgeson and seconded by Councilman Dexter to approve Resolution No. 28-91 adding "Chapter 13. Forestry and Woodlot Management Plans" to the City' s "Tree Standards and Guidelines" ; motion unanimously passed. Brief discussion followed regarding to fees. The City Manager requested that Council refer the matter to staff to allow the opportunity to address fees and "blanket" permits for utility companies. Council consented. The mayor recommended that fees be proposed on a "per acre" basis. CC4/9/91 Page 5 3. RESOLUTION NO. 24-91 - AUTHORIZING NEW PLANNING & ENGINEERING FEES Mark Joseph, Administrative Services Director, gave an overview of the staff report using overhead projections and described the proposed revisions. He pointed out that fees would be increased overall by approximately 80%. and emphasized that there had been no increase in fees in five to six years, yet departmental costs had doubled. Mr. Joseph outlined the arguments in favor of the new fees and responded to Council questions. Discussion ensued. Henry Engen remarked that the appeal process is expensive and reported that the fee does not recover the costs. Councilwoman Borgeson and Mayor Lilley argued that the Council had not received a sound comparison and asked for more precise figures of what services are costing the City. Mr. Joseph indicated that an attempt had been made to compare "real" costs. He suggested that short of conducting a "Time and Motion" study, staff could generate a more in-depth report which Council may wish to address during the annual budget review. Brief discussion relating to fees for street address changes followed. Councilman Nimmo expressed dissatisfaction with the proposed increase for this process. Mark Joseph responded that Council could delete the fee if they so chose. Councilwoman Borgeson stated that she thought it was poor policy on the part of the City to not revise fees in six years and shared concern for not making developers pay for the costs. Mark Joseph proposed phasing in fees in a move toward recovering 100% of the costs and reiterated that it may be prudent to look at these fees again during the budget hearings. Public Comments Tim McCutcheon, property owner and businessman in Atascadero, spoke in opposition to the proposed increase in fees. He protested the property tax rate on vacant land and suggested that Council tighten up the General Fund. Mr. McCutcheon, did however, recommend increasing appeal fees. Kathleen Dawson, 7017 Toro Creek Road, questioned the comparisons made with cities larger than Atascadero. She opposed the fee increases and suggested that staff be cut instead. The City Manager noted, in response to Mr. McCutcheon Is remark regarding property taxes, that the City receives sixteen ( . 16 ) cents per dollar ( 1. 00) paid. CC4/9/91 Page 6 Councilman Nimmo stated that he had no problem with increasing the • fees to recover actual costs but opposed strongly to moving forward with the present recommendation. He objected to some of the fee increases and asserted that the proposed fees were not represented by actual costs. Considerable discussion followed relating to the process by which fees were analyzed. The City Manager explained that it would cost approximately $80, 000 to hire a consultant to prepare an in-depth study. He added that the study can be done in-house cautioning that it could be laborious. Councilman Shiers emphasized that the City cannot charge more than an actual cost. Mr. Engen gave support to the staff recommendation by reporting that the fees are justified by procedures. Mr. Windsor clarified that the fees, if adopted, would be effective for new applications only and would not apply to pending projects. There was consensus among the Council that ( 1) fees for the appeal process should be looked at separately and (2) that a course of action might be to adopt the proposed resolution as an interim policy until budget time. The City Attorney advised that Council could adopt the resolution amending it to read that it shall expire on a certain date unless reaffirmed or superseded by another action. The City Manager suggested inserting the date, "June 30, • 1991" . MOTION: By Councilman Shiers and seconded by Councilwoman Borgeson to adopt Resolution No. 24-91 as amended; motion carried 5: 0 by roll call vote. Mayor Lilley called for a recess at 9:14 p.m. The meeting reconvened at 9:30 p.m. 4. RESOLUTION NO. 14-91 - ADOPTING UPDATED DEVELOPMENT IMPACT FEES Mark Joseph gave the staff report noting that his recommendation was in accordance, with a few exceptions, with Crawford, Multari & Starr' s fiscal impact study proposals. Public Comment Carol Ball, 7070 Marchant Avenue, announced that as a member of the Board of Realtors ' committee addressing development fees she was in opposition to the proposed fee increases. Councilman Shiers stated that there was solid background for the underlying recommendation. Mayor Lilley remarked that infra- CC4/9/91 Page 7 structure is in need of and proclaimed the fees fair and necessary. MOTION: By Councilwoman Borgeson and seconded by Councilman • Shiers to adopt Resolution No. 14-91 revising development impact fees, effective upon adoption; motion carried 5: 0 by roll call vote. C. REGULAR BUSINESS: 1. ORDINANCE NO. 219 - AMENDING MAP 16 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 5160 AND 5180 PALMA AVE. FROM RMF/10 TO RMF/10 (PD7) (Zone Change 6-90) (Hazard/ Tartaglia-Hughes) (Recommend motion to waive reading in full and approve on second reading by title only. ) Mayor Lilley explained that although he and Councilman Shiers had been absent during the previous meeting and public hearing on this matter, they had both been provided with all the information necessary to make a decision. Councilman Shiers concurred stating that he felt qualified to vote on the issue. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to adopt Ordinance No. 219 on second reading; motion carried 3:2 with Council-members shiers and Borgeson voting in opposition. 2. COUNTY AUDITOR-CONTROLLER'S LETTER RE: SB 2557 • The City Manager introduced this item and recognized the presence of Gere Sibbach, County Auditor-Controller. Mr. Windsor reported that the draft response letter was, based upon the Council ' s stand of opposition to SB 2557, in protest of payment of fees relating to property tax administration costs. He indicated that staff' s position would be that unless and until the Board of Supervisors implement the provisions of the law, the City would not remit. Public Comment Mr. Sibbach addressed Council and stated that although he had not seen the City' s draft reply, he had expected such a response. He explained that there were some legal problems with interpretation of the legislature with respect to the use of the words, "shall" and "may" . Mr. Sibbach continued that it was his interpretation that collection was mandatory adding that he was liable for suit if he does not attempt to charge the cities for their fair share. By common consensus, Council directed staff to send the subject letter to the County Auditor-Controller. CC4/9/91 Page 8 3. STATUS OF TREE PLANTING TRUST FUND • The City Manager, by way of introduction, reported that there had been an inquiry as to what monies were in the Tree Planting Trust Fund and asked that staff be given direction for use its ' use. Discussion followed regarding fees and penalties relating to the Garcia Road extension. Councilman Dexter asserted that the penalties should have been paid on demand. The Public Works Director proposed that, with future tree removal conditions of approval, a "trigger date" be determined by which payments or replacements must be made. He suggested that the clock might begin ticking once trees have been cut. Councilwoman Borgeson concurred with Mr. Luke. Councilman Nimmo stated that it would be good public policy to specify the receiver location when accepting donation of trees for off-site planting. The City Manager pointed out that there would be on-going maintenance of trees and inquired whether or not Council wished these expenses to be covered by monies held in the trust fund. Council concurred that they did. The City Treasurer noted that an additional $39, 000 would soon be deposited into the fund. She also suggested that a list be drawn up of potential property owners who need or want trees. Public Comments Ursula Luna, 10600 San Marcos Road urged Council to adopt a street tree provision of the Tree Ordinance. In addition, she supported the City' s responsibility to restore and maintain trees in the community. Eric Greening, 7365 Valle, gave a verbal endorsement to the City Treasurer' s "adopt-a-tree" concept. He implored the Council to fill the vacant position of Natural Resource Specialist as soon as possible in an effort to oversee the charge of maintaining the City' s urban forest. Councilwoman Borgeson concurred with this statement asserting that Council should set priority and hire a qualified individual. Councilman Shiers reiterated that the trees need maintenance and there needs to be someone accountable. Councilman Nimmo proclaimed that he was not in support of the Natural Resource Specialist position. He remarked that the Tree Fund is meant to protect, plant and preserve trees and added that he hoped staff did not hire a tree specialist to handle just the Tree Planting Trust Fund. CC4/9/91 Page 9 Additional discussion ensued regarding this matter. The City Manager reported that it was difficult to find someone who fits all S the requirements of the Natural Resource Specialist. He pointed out that the individual would not just administer the Tree Ordinance and the Tree Fund but would also be responsible for other duties. He described a prospective candidate for the position indicating that the vacancy may soon be filled. Mr. Windsor asked that staff be allowed to come back with more definitive options for the use of the Tree Fund, as well as pursue the "adopt-a-tree" concept. Council concurred. Councilwoman Borgeson inquired of the Community Development Director when staff would be able to address a street tree ordinance. Mr. Engen indicated that this was down in the priority list with the creekway ordinance, for example, having higher priority. D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: A. Committee Reports (The following represents ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. North Coastal Transit/S.L.O. Area Coordinating Council Councilwoman Borgeson reported that the Area Council had met but that she had not been able to attend. 2. Traffic Committee - Councilman Dexter reported that the committee had met and would be making recommendations for action at the next City Council meeting. 3. Solid/Hazardous Waste Mgmt. Committee - Councilman Nimmo reported that he had attended a subcommittee meeting for the purpose of developing a plan for implementation of the County-wide Solid Waste Program. In addition, he related that the City' s pilot "green waste" program had generated much interest among the other communities. 4. Recycling Committee - Councilman Shiers reported that the committee had decided to become more proactive in public awareness and education, and announced that a poster contest would be conducted to determine a mascot for recycling projects. Greg Luke added that the "green waste" program was successfully moving forward, noting that approximately 1, 000 customers have called for participation. He also CC4 9 91 Page 10 9 indicated that the committee was also working the City of Paso Robles on this matter. On a final note, Councilman Shiers stated that the Recycling Committee is working as rapidly as possible to meet State mandates and hopes to even beat the maximum timelines. 5. Downtown Interim Sign Committee - Mayor Lilley reported that this committee would be bringing forth proposals to address downtown signing in the very near future. 2. City Attorney - No report. 3. City Clerk - No report. 4. City Treasurer Ms. Korba indicated that she would be attending the Palm Springs Municipal Treasurer' s Workshop during the week of April 22, 1991 and would, therefore, be absent during the next regular Council meeting. 5. City Manager Mr. Windsor requested permission to be absent during the meeting of • April 23, 1991 indicating that he would like to take some vacation time-off. Council gave such approval. 6. Additional Council Comment Councilwoman Borgeson asked that, under Committee Reports, that the following be added: Economic Roundtable, County Water Advisory Board and the Roads Committee. Staff so noted. Mayor Lilley reported that the Economic Roundtable had met and would be meeting again Wednesday, April 17, 1991 at 7:30 a.m. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to adjourn the meeting; motion unanimously carried. THE MEETING WAS ADJOURNED AT 10:42 P.M. THE NEXT REGULAR MEETING OF THE CITY COUNCIL IS SCHEDULED FOR TUESDAY, APRIL 23, 1991 AT 7 :00 P.M, MIND 1.*CORD�DAND PRE AFTWD BY: LE AYR�1, ity Cl Attachment: Exhibit A (U. Luna) CC4/9/91 • Page 11 CC4/9/91 EXHIBIT A April 9, 1991 Mr. Mayor, Members of the Council: To give developers another way to mitigate tree removal the City established the Tree Planting Trust Fund. Instead of replacing trees on site, the developer may pay the City a tree replacement fee. Most funds have been deposited to mitigate native tree removal and the associated impacts on our native oak woodland and wildlife habitat. The donations substitute for the required 2:1 tree replacement. The only funds that have been spent were for the BIA Tree Proposal. Although this is a noble project which deserves full support, it does nothing to mitigate the impacts on our native oak forest and its wildlife, nor does spending the money to cut tree wells into sidewalks. I urge the City Council to draft and adopt a Street Tree Ordinance, which is supposed to be part of the Tree Ordinance. This Ordinance should provide for funding and maintenance of BIA and other street trees. Using the funds for Arbor Day expenses may bring public awareness but it does not mitigate the ongoing loss of our oak forest. The last paragraph in the report is not clear. Is it suggested that the developer be allowed to only purchase the replacement tree itself, rather than paying the true cost of replacement trees? The true cost was calculated by the former City Arborist and far exceeds the price of the tree. Who would pay the additional costs, such as initial maintenance? Would it be the owner of the receiver site that ends up subsidizing the impacts of development? And finally, who chooses a safe and appropriate receiver site, the developer or the City? Native trees are no longer protected on developed residential lots. No records are kept to tell of their removal. The Council may soon allow property owners to remove 25% of the tree canopy on non-developed residential lots for firewood. The City's road policy is allowing oak removal in record numbers. The purpose of requiring tree replacement or donations into the Tree Replacement Fund is to mitigate, in part, development impacts on our native woodlands and wildlife and to assure that this native forest survives urbanization. I ask you to assure that funds for tree replacement are spent to restore and maintain Atascadero's native oak forest. MEETING AGENDA, DATE 5/14/91 ITEM Y . ATASCADERO CITY COUNCIL MINUTES April 23, 1991 The meeting was called to order by Mayor Lilley at 7: 00 p.m. , followed by the Pledge of Allegiance. Roll Call: Present: Councilmembers Borgeson, Dexter, Nimmo, Shiers and Mayor Lilley Staff: Henry Engen, Community Development Director; Greg Luke, Public Works Director; Mark Joseph, Admin- istrative Services Director; Acting Chief Mike McCain, Fire Department; Art Montandon, City Attor- ney; Cindy Wilkins, Deputy City Clerk. COUNCIL COMMENTS: At Councilmember Borgeson' s request, Item E-1(A) was addressed. She reported that a businesswoman had approached her advising that • what is believed to have been the personal desk of E.G. Lewis is for sale at a north County antique shop, and she asked if the Council has a desire to pursue the City' s purchase of this item. She added that Eleanor Duncan has offered a $100 cash donation should the Council decide to pursue such purchase through donations or other fundraising activity. Following discussion, Council con- sensus was to request the City Attorney (who has some personal expertise on the subject of antiques, and who indicated he would not charge for this service) to look at the desk and negotiate a possible purchase price for future Council consideration. It was also the Council ' s consensus that the purchase should be perhaps by a combination of public and private funds. Motion: By Councilmember Dexter, seconded by Councilman Shiers, that Council authorize Councilmember Bor- geson and Mr. Montandon to proceed with further review and investigation; motion passed unanimously by voice vote. - Presentation by Girl Scouts of Atascadero, Santa Margarita & Templeton (Colony Service Unit) - Debra Floyd This item was postponed. - Proclamation: "Victims of Pornography Week", May 5-11, 1991 41 (American Family Association, Atascadero Chapter/Bay Area Citizens Against Pornography) Mayor Lilley read the afore-mentioned proclamation. There was • no one present to receive it. COMMUNITY FORUM: Eric Greening, 7365 Valle, read a prepared statement conveying sug- gestions for an adopt-a-tree program (see Exhibit A, attached) . A. COMMITTEE REPORTS (The following represents ad hoc or standing committees. Informative status reports will be given, as felt necessary. ) : Mayor Lilley noted that the committee reports have been moved from the end of the agenda to the beginning for the benefit of the pub- lic. 1. S.L.O. Area Coordinating Council/North Coastal Transit: Councilwoman Borgeson reported this committee met on April 3rd. The Unmet Needs Plan was adopted, and a survey for household hazardous waste was authorized. Alternatives for current funding formulas was the most significant item on the agenda; it was given to SLOACC staff for report and recommendations to be reviewed at the committee' s meeting in January. 2. Solid/Hazardous Waste Management Committee - No report • 3. Recycling Committee: Councilman Shiers reported the edu- cation subcommittee of the Recycling Committee met and continued to discuss ways of assuring that the public remains informed about area recycling and of any future plans. The committee meets again this Thursday to dis- cuss the budget for the coming year. 4. Economic Opportunity Commission - No report 5. City/School Committee: Meets Thursday, 4/25/91. 6. Traffic Committee: Mr. Luke reported this committee did not meet this month, noting there are Traffic Committee items on this agenda from its March meeting. 7 . Downtown Interim Sign Committee: Mayor Lilley expressed the hope that he will be in a position with members of that committee to make a presentation to the Council for consideration at its May 14th meeting regarding a propo- sal of the subcommittee. cc4/23/91 Page 2 S. County Water Advisory Board: Councilwoman Borgeson re- ported that Steve Kashiwata made a presentation of the State Water Project, Coastal Branch, and that the Mon- terey County EIR for salt water intrusion was moved back to the end of April. A meeting was set up with County representatives to look into a mobile lab to measure the efficiency of irrigation methods on ag land; the Board of Supvrs. would need to weigh the idea against other budget considerations. There will be a presentation by Chuck Pritchard at the CWAB' s next meeting on the subject of State Water from the Cattlemen' s Association viewpoint. 9. Economic Round Table: Mayor Lilley reported that, at this committee' s last meeting, presentation a p ion was given by Mike Multari, Crawford, Multari & Starr, pertaining to that firm' s Economic Development Study of Atascadero, and Henry Engen provided an overview of the history of the economic aspects of the General Plan. The Round Table is planning a Saturday retreat to focus on setting forth tasks that are consistent with Council' s directives. He noted the meeting attendance by the members of the Round Table has been outstanding, and the information coming out of their meetings is exciting. He publicly thanked Dave Vega, PG&E, for his efforts in getting the downtown street light painting accomplished, at PG&E' s expense. Also thanked were members Mike Kirkwood, Stan Cherry and • John Cotsenmoyer, who have been working on a proposal for the banks they represent to assist in funding proposed additional improvements for the merchants in the downtown area. Councilwoman Borgeson expressed concern regarding the potential expense of retaining a consultant to facilitate the proposed retreat. Mayor Lilley responded that if a City appropriation were needed, a formal request would be brought before Council. He noted that PG&E is assisting in this area, so City funds may not be necessary. 10. B.I.A. - Mayor Lilley noted that BIA members--specifi- cally John Himes and members of Paper Works staff--have been working diligently with him on the efforts of the Downtown Interim Sign Committee, and he thanked them. 11. Colony Roads Committee: Mayor Lilley reported this com- mittee recently met and received a presentation from Mary Gayle of Burke, Williams & Sorensen, who specializes in these kinds of issues and is also a historian. The com- mittee suggested that she prepare a public report of her analysis of the roads situation; May 14th is the target cc4/23/91 Page 3 date. The public was encouraged to be present for the presentation. B. CONSENT CALENDAR: 1. MARCH 26, 1991 CITY COUNCIL MINUTES 2. APRIL 5, 1991 CITY COUNCIL MINUTES (Special Meeting) 3. CITY TREASURER'S REPORT - MARCH, 1991 4. FINANCE DIRECTOR'S REPORT - MARCH, 1991 5. RESOLUTION NO. 34-91 - MODIFYING PARKING REGULATIONS ON EL CAMINO REAL IN THE VICINITY OF THE CHAPEL OF THE ROSES AND COLONY PARK 6. RESOLUTION NO. 35-91 - DESIGNATING A 20-MINUTE PARKING ZONE ON SAN ANSELMO ALONG A PORTION OF THE FRONTAGE OF THE TRUE SPIRIT MISSIONARY BAPTIST CHURCH 7 . RESOLUTION NO. 32-91 - ACCEPTING MONTURA LANE INTO THE CITY- MAINTAINED ROAD SYSTEM 8. ZONING REPORT - STAFF REPORT RE: REQUIRING CONDITIONAL USE PERMITS FOR SELECTED UTILITY TRANSMISSION FACILITIES 9. RESOLUTION NO. 30-91 - DECLARING WEEDS A PUBLIC NUISANCE AND AUTHORIZING COMMENCEMENT OF ABATEMENT PROCEEDINGS 10. ACCEPTANCE OF FINAL PARCEL MAP 22-89, 79008000 SANTA CRUZ ROAD - Division of 10.27 acres into three lots of 3. 39 acres each (Long/Knowles - Volbrecht Surveys) 11. STATUS OF SAFE ROUTE TO SCHOOL FUND Re: Item A-1, Councilman Dexter requested a correction as to the • time of adjournment of the 3/26 meeting. Councilwoman Borgeson requested Items A-5, 7, 10 & 11 be pulled for discussion. Richard Smith, a member of the public, requested Item A-8 be pulled for discussion. Motion: By Councilwoman Borgeson, seconded by Councilman Shiers to approve Items 1 (with noted correction to time of adjournment) , 2, 3, 4, 6 and 9 of the Consent Calendar; motion passed unanimously by voice vote. Re: Item A-5, Councilwoman Borgeson expressed the desire to see the 20-min. parking limit expanded further north on E1 Camino Real along the frontage of the Golden West Development Center. Mr. Engen suggested that Council take action on the item as presented and that possible extension of the 20-min. parking zone be placed on the Traffic Committee ' s next meeting agenda for study and recom- mendation. cc4/23/91 Page 4 it • Motion: By Councilman Dexter, seconded by Councilwoman Borgeson to approve Item 5 (Resolution No. 34-91] ; motion passed unanimously by voice vote. Re: Item A-7, Councilwoman Borgeson asked Mr. Luke how proposed Council action on this item was initiated. Mr. Luke summarized the construction history of Montura Ln. and indicated that a property owner desires to take access off of Montura, which is a quieter and safer access than Coromar. Because the offer of dedication was rejected at the time of map recordation, the proposed access is in private easement status. Mr. Luke noted his decision to place the item on the Council ' s agenda was guided by his understanding that the Council desires to eventually bring as many of the private roads as possible into the City-maintained system. Councilwoman Borgeson asked if the other property owners on Montura Ln. , in its current private status, could grant their permission to allow a driveway curb cut on that street. Mr. Luke responded that underly- ing ownership(s) would need to be determined, but that would be an option available to the requesting party. Councilwoman Borgeson questioned staff ' s support of this particular request, noting that there are about 50 miles of private roadway in the City. Council- man Nimmo expressed concern for consistency in the Council ' s policy regarding the subject development. Mayor Lilley recalled that the Council consensus during study of the emerging roadway policy was to examine the possible acceptance of private cul-de-sacs case-by- case, based on public need, whether they would be more appropriate- ly left in private status or accepted into the City system. Further Council and staff discussion ensued regarding policy deci- sions as they relate to roadway acceptance. Council consensus was to continue this item, and the City Attorney was directed to research the creation of this cul-de-sac and pro- vide a status report of the existing beneficial holders to the access easements. Councilwoman Borgeson asked that staff investi- gate engineered drawings and specifications for Montura Ln. to verify that it meets City road standards. Re: Item A-8, Richard Smith, 13505 Santa Ana, spoke in opposition to the recent installation of an unsightly GTE Mobilnet utility building near his property and expressed that City ordinances with respect to permits required of this utility company appear to be "wholly inadequate" . It is his understanding that three other similar buildings are proposed. Mr. Smith added that he hopes the City' s policy on the permitting of such structures comes in line with that of Santa Barbara, and he urged that the Council look into the matter. cc4/23/91 Page 5 Gail Davis, 13605 Santa Ana, expressed opposition to the location of the GTE tower, indicating it is within 5 feet of her property line. Although she realizes the construction was legal, she feels she was misled by GTE representatives as to the size and location of the tower and feels "morally raped" . Staff and Council discussion ensued. Mr. Engen conveyed that the City' s current ordinance language with regard to utilities was derived from the County Zoning Ordinance in 1983, and it is bas- ically all-inclusive. Staff ' s report recommends that the Zoning Ordinance be amended to specify that future proposals for such utility buildings, particularly in residential areas, go through a special process sensitive to the neighborhood. Council consensus was to direct Mr. Engen to provide a status re- port on any similar impending structures and draft a proposed urgency ordinance to halt this kind of construction pending adop- tion of the General Plan Update. It was further directed by Council that these items be fast-tracked. Andrea Schulte, 7129 San Gregorio, questioned the common-sense aspect, feeling that the GTE Mobilnet permit application review should have raised questions at the staff level due to the proposed residential location. Motion: By Councilwoman Borgeson, seconded by Councilman • Shiers, to direct that staff bring back an urgency ordinance along with a report of findings as dis- cussed; motion passed unanimously by voice vote. Mr. Smith noted that he will submit photographs of the subject tow- er for Council review. He added that he has discussed the issue with GTE Mobilnet representatives, and they seem to be responsive to the property owners ' concerns and willing to help beautify the tower. Re: Item A-10, Councilwoman Borgeson indicated she pulled this item to express her "no" vote. Motion: By Councilman Nimmo, seconded by Councilman Dexter to approve Item A-10; motion passed by 4: 1 roll- call vote, with Councilwoman Borgeson opposed. Re: Item A-11, Councilwoman Borgeson asked if staff knows when the safe routes to school will be implemented, which schools are affec- ted and what triggers it. Mr. Engen responded that it was proposed to be incorporated in the Circulation Element. He noted that the City/Schools Committee is keenly interested in this topic, and this cc4/23/91 Page 6 item is on that committee' s meeting agenda for Thursday, 4/25. • Councilmember Borgeson expressed the importance of ongoing discus- sion with the School District regarding its participation, noting a new school is proposed on Del Rio Road and that it would be ap- propriate for the School District to contribute to the installation of routes to school. There was no action taken. C. HEARINGS/APPEARANCES: 1. WATER SUPPLY STUDY - PRESENTATION BY DON ASQUITH, THE MORRO GROUP Mayor Lilley noted this is an information item tonight and is for the benefit of both the public and the City Council. Mr. Asquith provided an in-depth review of the results of the water supply study recently conducted by The Morro Group. He noted a correction needs to be made to Page 6 of the report:port: The fault referenced should read the "Rinconada" Fault (not the Nacimiento Fault) . Re- lated discussion ensued, and Mr. Asquith responded to questions by Council and the public. Public Comment Robin Fimmester, 7109 San Gregorio, expressed concern about water rationing mandates and questioned the sanity of the members of the community to allow the water company to dictate its use. He feels the mandate to ration is "suspect" , in view of the positive results of the water study. Richard Mullen, 4200 Portola, asked Mr. Asquith, ( 1) if it would benefit the water company to deepen their present wells, and (2 ) if there is a current need to have a severe conservation plan in ef- fect in Atascadero. Mr. Asquith responded deepening the wells would probably not help much, except perhaps from a mechanical standpoint during the decline in overall water levels. He added that there are numerous solutions to the problem of acquiring the available water and that he has suggested (in the report] what he considers the best solution as a geologist. He declined to respond to the second question. Eric Greening, 7365 Valle, observed that the answer to the question of whether we have enough water to reach build-out, according to the current General Plan, seems to hinge more on legally defining who "we" are rather than on geology. He asked Mr. Asquith where the water in our deep aquifer comes from and at what rate; Mr. Asquith responded that the recharge of the deep aquifer is from the Salinas River, which he further explained. cc4/23/91 Page 7 Andrea Schulte asked what the Council ' s next action will be, now that the study is complete. Mayor Lilley reminded those in atten- dance that this is not an action item tonight. He reiterated that the $10, 000 study performed by Mr. Asquith was to respond to the community' s and Council' s concern about whether water is available, having the need to determine that, apparently, independently, with- out a great deal of assistance from the water company. John McNeil expressed that he has some misgivings about the report, what he termed as "cautious" statements throughout it and the lack of a statement of The Morro Group' s qualifications to perform such a study. Mr. Asquith summarized his professional background. (See Exhibit "C" , attached) Bob Lilley, a Navarette St. resident (of no relation to Mayor Lil- ley) , based on the report' s findings and information obtained from the SLO County Engineering Dept. , expressed he finds no rational basis for severe water rationing at this point in time. He asked how available the deep ground water basin is, to which Mr. Asquith responded. Nancy Rice, 4245 Arena, asked, ( 1) since most of the City' s sub- basin is beneath County land, what impact will use by agriculture and future development have on this sub-basin, and do farmers have unrestricted use of this water? Mr. Asquith responded that, al- though the current agricultural users on the County land referenced have prior rights, he noted the need to bear in mind that "we're talking about very deep wells, very expensive wells and some power- ful pumping" . He noted that agriculture can survive and compete only where there is cheap water, which in this case would mean the water from the deep aquifer. As for future development, he offered only a speculative response, noting that is County property and development would involve services; (2 ) Would it not be wiser to locate the new reliable water sources before proceeding with the build-out? Mr. Asquith responded in the affirmative. Resident Dorothy McNeil expressed she was confused by some state- ments in the water report which were based on the 1979 study. She asked on what basis Mr. Asquith' s report states the basin is "es- sentially the same" (Page 6 ) , since there has been a lot of water use since that time, and she asked if the drought has affected it. Mr. Asquith responded that the continuance of water levels staying essentially the same in the area north of the river is based on the data in the river (the deep well field) where it has been heavily pumped; that water comes back up each year, except when there was no live flow in the river. He expressed there are no water levels out there, unless the landowners took them; the County is the only organization taking water levels that will tell you anything, and they only have river wells data, which was utilized by Mr. Asquith cc4/23/91 Page 8 41 for his report. Mrs. McNeil requested and received clarification • on other points. Mr. Asquith made note of the fact that private well data is, by law, confidential information. Mrs. McNeil ex- pressed that it would seem prudent for the water company and the City to be sure that needed water is available and accessible before proceeding with buildout. (See Exhibit "B" , attached) Dick Chafin, 8250 San Dimas, asked if drilling more wells would relieve the short-term problem. Mr. Asquith responded he did not explore possible short-term solutions, focusing his study on the long-term. Mr. Chafin indicated he' s weighing the facts in his mind to see if he voluntarily supports the water company' s ration- ing mandate or not. He wonders if the water company is reluctant to spend the money to drill more wells, or if the water is truly inaccessible for legal reasons. Mr. Luke reminded the public that The Morro Group was retained to study the long-term water supply reliability; they were not asked to suggest short-term solutions nor analyze how the water company has functioned or should func- tion. George Luna, 10600 San Marcos, speaking private citizen re- cited as a cited Churchill s Theorem from Management Science, which he feels is relevent in light of the t g age of some of the data Mr. Asquith used in the water study. The discussion then came back to Council. Noting the misfortune of • the City to have to take independent action by expending the funds for the water study in order to assure its availability, Mayor Lilley expressed that what relationship matures, if any, between the City and the water company, as far as the mechanics of plan- ning, storage, delivery and cooperation, depends on the attitudes of both entities. He encouraged the property owners, as the share- holders of the water company, to communicate what they think that relationship should be to both entities. Mr. Luke noted the interaction between staff and the water company is presently good. There was no Council action taken. COUNCIL RECESSED FOR A BREAK FROM 9:45 TO 10:00 P.M. D. REGULAR BUSINESS: 1. HOUSEHOLD HAZARDOUS WASTE FUNDING Steve Devencenzi, the SLOACC Coordinator of the Solid Waste Pro- gram, reviewed the information provided in the agenda packet. He indicated that the correspondence essentially seeks authorization cc4/23/91 Page 9 to allow grant funds that have come back to the County to remain in a common pot, which will be shared by all the cities in the County • for financing future household hazardous waste-related activities. He offered to respond to questions from Council. He noted last year' s one-day collection event proved to be extremely expensive, and SLOACC is trying to structure a mobile collection system for such future activities. There was no public comment. Motion: By Councilman Nimmo, seconded by Councilwoman Bor- geson, to agree to leave the City' s pro-rata share in a pool for the future planning purposes of the Area Coordinating Council; motion passed unanimous- ly by roll-call vote. 2. CONSIDERATION OF REQUEST BY MIRE MESSER FOR DIRECTION RE: MEANS FOR PROVIDING SEWER SERVICE TO LAKEVIEW DRIVE PROPERTY Mr. Engen gave a verbal report indicating that Mr. Messer has a precise plan pending on the subject property, which is located in a Cease & Desist area. The applicant, Mike Messer, reiterated the facts as stated in his April 3rd correspondence, which is included in the agenda packet. Council then asked questions of staff, discussing the request at • length. Mr. Luke clarified that staff gave no recommendation as this is an unusual request, because the property is located in a moratorium area. To grant Mr. Messer' s request would leave the City in the situation of not being able to serve other lots in that area and raises a number of questions as to whether the Council wishes to explore this subject further. Mr. Luke reviewed a map of the area, indicating which lots are and are not sewered, and which lots are City-owned. Discussion ensued on the subject of possible sewering of the remaining area and its implications relative to the value of City-owned lots and the issue of whether to dispose of some of them. Mr. Messer stated that he feels there will eventually be an assess- ment district, because this is a Cease & Desist area and there will be failing septic systems. He noted that he is prepared to parti- cipate in a future sewer assessment district. Motion: By Councilman Nimmo, seconded by Councilman Dexter, to allow Mr. Messer to put in a small diameter line with the understanding and necessary documentation for his participation in a sewer assessment dis- cc4/23/91 Page 10 it trict when and if it is established; motion passed • by 3:2 roll-call, with Councilmembers Borgeson and Shiers opposed. 3. RESOLUTION NO. 33-91 - AMENDING RESOLUTION NO. 125-90 TO IN- CLUDE FEES FOR, (1) FORESTRY AND WOODLOT MANAGEMENT PLANS, AND (2) ANNUAL PRUNING, TRENCHING AND ENCROACHMENT PERMITS FOR PRIVATE AND PUBLIC UTILITIES Mr. Engen gave staff report and responded to questions from the Council. He noted the annual utility pruning permit fee is a guesstimate at $100 per year and is hoped to both recover costs and encourage public cooperation. Staff will monitor the permit acti- vities and propose fee adjustments accordingly. Motion: By Councilman Dexter, seconded by Councilman Nimmo to continue the meeting past 11: 00; motion passed unanimously. Public Comment Fred Frank, 3615 Ardilla Rd. , concurs that the fees should offset costs and should not be so high as to discourage compliance and cooperation; he believes the proposed $50 per acre Woodlot Manage- ment Fee is not fair and would discourage participation. He made • note of the requirement in the Forestry and Woodlot Management Plan for the services of a Registered Professional Forester, which will ensure compliance with the Tree Ordinance and shift the City' s management and administrative costs to the applicant. He suggested a fee schedule which he believes is more realistic, would tend to subsidize the small landowner and perhaps be a bit high for large landowners. Jim Dulitz, 1300 Garcia Rd. , spoke in support of reducing the fees from those proposed, feeling they're rather high. Discussion then came back to Council and focused on the need to set fees which will encourage participation. Motion: By Councilwoman Borgeson, seconded by Councilman Shiers, to adopt Resolution No. 33-91, subject to staff monitoring and annual adjustment, as neces- sary, with the Woodlot Management Plan modified to: $250/up to. 10 acres; $400/10-40 acres; $600/40+ acres. Motion passed unanimously on voice vote. With regard to the proposed annual pruning, trenching and encroach- ment permit fee of $100, Councilwoman Borgeson asked that the cc4/23/91 Page 11 record reflect her feeling that it is much too low a figure for utilities, noting PG&E and So. California Gas. • Staff was asked, while monitoring the fees, to note what type of complaints are received, as well as how much trenching has occurred so as to better determine actual staff costs. 4. ORDINANCE NO. 221 - AMENDING MAP 23 OF THE OFFICIAL ZONING MAPS BY REZONING THAT CERTAIN REAL PROPERTY DESCRIBED AS LOTS 18-25 AND "PARK RESERVATION All OF BLOCK 72, ATASCADERO COLONY FROM COMMERCIAL TOURIST/FLOOD HAZARD OVERLAY (CT/FH) TO SPECIAL RECREATION/FLOOD HAZARD OVERLAY/PLANNED DEVELOPMENT OVERLAY (LS(FH) (PD8) ) (Eagle Creek Associates/Boud & Associ- ates) (Recommend motion to waive reading in full and approve on second reading by title only. ) (Cont'd from 4/9/91) Mr. Engen reviewed staff report and offered to respond to ques- tions. There was no public comment. Motion: By Councilman Dexter, seconded by Councilman Nimmo, to adopt Ordinance No. 221 on second reading by title only; passed unanimously by roll-call. Councilman Shiers requested note (prior to the vote) that water is of concern; however, he supports this project, because he believes there are uses on the current zoning which would put a greater • demand on water than this project would. 5. ORDINANCE NO. 220 - ADDING FORESTRY AND WOODLOT MANAGEMENT PROVISIONS TO THE CITY'S TREE ORDINANCE (Ord. #214) (Recommend motion to waive reading in full and approve on second reading by title only. ) (Cont'd from 4/9/91) Mayor Lilley introduced the item. There was no public comment. Motion: By Councilman Dexter, seconded by Councilman Nimmo, to adopt Ordinance No. 220 on second reading by title only; passed unanimously by roll-call. 6. WATER COMPANY AGREEMENTS (Cont'd from 3/26/91) A. TO DRILL ON CITY'S SYCAMORE ROAD LOT B. TO DISTRIBUTE CITY'S RECLAIMED WATER Mr. Luke gave the staff report, noting this item was continued from the March 26th meeting to allow for discussion by the full Council. cc4/23/91 Page 12 Councilwoman Borgeson expressed a desire that the Council consider • a land swap with the water company, exchanging the water company' s Creek Reservation 1-A lot (noted in the AMWC Master Plan as poten- tial surplus property) for the City' s Sycamore Rd. lot. Superintendent Bob Hamilton, Atas. Mutual Water Co. , expressed he believes the water company board would be willing to discuss the potential of some kind of a swap, following their proposed test drill on the Sycamore Rd. lot, if it proves to be of a productive nature. There was no public comment. Motion: By Councilman Nimmo, seconded by Councilman Dexter, to authorize the City Manager to execute an agree- ment with Atascadero Mutual Water Co. to permit the Company to drill a test well on the City' s Sycamore Road lot with the assurance that the lot will be restored to the same or better condition should the well be unsuccessful; motion passed by 4: 1 voice vote, with Councilwoman Borgeson opposed. By consensus, Council approved staff recommendation number two, directing staff to prepare a draft agreement with Atascadero Mutual Water Co. to distribute reclaimed water, said agreement to be brought back to Council for final consideration. • E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager - Mr. Engen noted the City Manager has asked that Council adjourn to 6: 00 p.m. at the March 14th meeting. Motion: By Councilman Dexter, seconded by Councilman Nimmo, to adjourn to closed session; motion passed unani- mously. MEETING ADJOURNED AT 11:27 P.M. TO A CLOSED SESSION FOR PURPOSES OF DISCUSSION REGARDING MATTERS INVOLVING POTENTIAL LITIGATION. THE CLOSED SESSION ADJOURNED AT 11:55 P.M. TO 6:00 P.M. ON MARCH 14, 1991, PRIOR TO THE NEXT REGULAR MEETING. Minutes prepared by: CINDY WILKINS Admin. Secy. /Dep. City Clerk cc4/23/91 Page 13 City Council Minutes 4/23/91 Exhibit A Testimony given to the Atascadero City Council Daring Community Forum on April 23rd, 19% by Eric Greenies Often, good ideas get forgotten because there is nobody to bring them to fruition. One good idea that I hope does not get forgotten is our treasurer's suggestion for an adopt-a-tree list: you dig, you haul, you plant; no extra charge. Citizens with healthy volunteering seedlings and no space for them to grow, and citizens with space who want trees, could all benefit, and the city as a whole could benefit from reforestation with trees genetically adapted to our area. At your previous meeting, I welcomed this suggestion,but pointed out that our city itself spreads over a diversity of life zones, and expressed concern that his should be taken into account. In thinking about the matter since, I have come up with a way to address this concern without creating a complicated set of rules or making a significant demand on staff time: instead of giving the tree to the first applicant, why not past each item on ythe list for two weeks, and then any time more than one family applies for a given tree,give the tree to the applicant who lives est. While this keeps the beautiful simplicity of the original conception, I must say that I still wish we had an arborist whose n responsibility would include this and many other aspects of maintaining the integrity of our urban forest. Our lack of an arborist can have another drawback: while perusing Arbor Day literature, I discovered that being a "Tree City U.S.A." is not just an expression of vague sentiment; it is an honor that must be earned, just like our zoo's accreditation. And our vacant arborist's position represents a fall from compliance with the standards. I don't know how the folks in Nebraska check up on these things,but suspect that our status may be in jeopardy. I'm proud of skiving in a "Tree City U.S.A.,but only if it means something. It's nice to have a treasurer who generates good ideas, but managing our city's funds is a full-time job: caring for our unique natural heritage should be as well. • ✓mac Ij 1 City Council Minutes 4/23/91, Exhibit 3 YOR O OROLP WATER ST'_DY Comments from Dorcz;hy 'McNeil to Atascadero Cit-Jr Council 4/23/91 I found ----se a si h of relief ` l-en I react .he cc n- clusions cf - .:e V1crro^_rrc--)--eDort to the city of Atascadero concern;___ c", _ ater sup-1- for the future . There are so.a , west=ons w hic= remain in my mind. 1 was a 'cit confused cy =ome statements . On page 6 we are told "The area of the basin near �tascadero and north to Templeton was , at that time , i:: the bate=ory of raving a long -term increase in ground water otorage . " This statement reflects the 1979 study made eleven ` pars ago . :Vhat do we know today of this sub-basin'. Tremendous i.:cnease e` use -as occurred since that study. Has the dreug'_.t _-`e -.ed i.,? On pa_e .,ie -ire told that groundwater levels in the vicinity of theMeld are substantially to totally independent of cl-Langes in w� ter levels in the main Faso basin. Yet a news account says " i^_iS sub-basin is not in overdraft , nor would additional e_: ,raction from it contribute significantly to any overcralt i:� ,'lie mnain basin. " • If the sub-b:1sin and the main basin are serarated by a fault , and if the main ''_ 7Jln, is in overdraft and the sub-basin is not , hoer can addition-� 1 extractions from the sub-basin affect the main basin at '21l--either significantly or insignificantly? It is my und�, rsta"ding that well X11 , not included in the study, is on land no; owned by the AM'4C. Does the water company own any "tea ldr whic- iactually over the sub-basin? If not , how can there be no physic:-=l Droblem in gaining access to the basin to extract the needed 2i500 to 4 ,000 acre feet needed for buildout? Clint yil:L:z : _ressed the Homeowners over a year ago and expressed his belief t".-at Ai•?:•.`C -ay find itself in court more than once over the basin w��ter. `with these proble7s in ,rind, and the additional problem of finding only dry wells , it does seem orudence would dictate that the company and the city make sure the needed water is therevbefore proceeding with buildout . My family has stored drinking water in case of an emergency. If the emergency occurs , we would carefully ration what we have unless new sources became available soon. We would not invite prosDecrtiv-e residents to share cur meager, life-saving supply. City Council Minutes 4/23/9_ Exhibit C M RRO GRCUP WATER STUDY omments from John McNeil o City Council of Atascadero 4/23/91 The- Morro Group Water Study appears to be a competent analysis of our waxer r.roblem in Atascadero-. However, I have some mis- givings ahcv! the report . First , i f'_nn no statement in the report as to the qualifications of the Morro droup as to their education and track record in this specialized field. . Secondly, ca"Cious statements are made throughout the report such as "probate! ; used numerous times , "more likely, " "substantially to totally i2nependent , " referring to the water basins , and "estimates are approximate , " used several times . As a professional man, I can understand this cautious language . Weasel words ,are a good part of an attorney ' s vocabulary. But this is a report from engineers from whom I expect precision. All of the probabilities and qualifications in the report should not support the conclusion of a "reliable"-I repeat , reliable-- source of water for buildout without water from any other sources. • j The Morro Group van cautious in developing their supporting data, but they threw caution to the winds in arriving at their con- clusion that we have a reliable source of water for buildout . i I I urge you, the City Council , to be cautious in accepting this report , both as to its supporting data and as to its conclusions. I John W. McNeil REPORT TO CITY COUNCIL 40 CITY OF ATASCADERO Agenda Item: B_3 Through: Ray Windsor, City Manager Mtg. Date: 5/14/91 From: Henry Engen, Community Dev. Dir-�Af File No: GPCR 01-91 SUBJECT: General Plan Conformity Report for the possible acquisition of certain real property located on Pine Mountain commonly referred to as Stadium Park. REC0MMENDATI0N: Accept the Planning Commission' s report finding that acquisition of Stadium Park by the City of Atascadero for the purpose of maintaining the property' s natural state or to ensure that use of the property is limited to parkland and/or low-intensity recrea- tion would be consistent with the City's General Plan. BACKGROUND: On April 16, 1991, the Planning Commission conducted a public hearing on the above subject. On a 7:0 vote, the Commission recommended that this property is consistent with the General Plan. There was public testimony and discussion as reflected in the attached minutes excerpt. On May 2, 1991, the Parks and Recreation Commission considered the matter and concluded that acquisition of Stadium Park is called for in the recently adopted Parks and Recreation Element (refer to the attached minutes excerpt) . HE:ps Attachments: Staff Report - 4/16/91 Minutes Excerpt - Planning Commission - 4/16/91 Minutes Excerpt - Parks & Recreation Commission 5/2/91 CITY OF ATASCADERO Item: B_1 STAFF REPORT FOR: Planning Commission Meeting Date: April 16, 1991 BY: Gary V. Kaiser, Assistant Planner File No: GPCR-01-91 SUBJECT: General Plan Conformity Report for the possible acquisition of certain real property located on Pine Mountain commonly referred to as Stadium Park. The intent of said acquisition would be to ensure that the site is maintained as parkland or open space and/or used for low-intensity recreational purposes. RECONHENDAT I ON: Staff recommends that the Planning Commission make a recommendation to the City Council that any acquisition of Stadium Park by the City of Atascadero for the purposes of maintaining the property' s natural state or to ensure that use of the property is limited to parkland and/or low-intensity recreation would be consistent with the City' s General Plan. BACKGROUND: The California Government Code (Section 65402(a) ) prohibits any acquisition or disposition of real property by a public agency, until the location, purpose and extent of such acquisition or disposition has been submitted to and reported upon by the planning agency of that jurisdiction as to conformity with the public agency' s General Plan, or applicable portion thereof. In other words, no acquisition of real property by the City of Atascadero is (legally) possible unless there is adequate documentation, prepared by the Planning Commission, that the acquisition would be consistent with the City' s General Plan. Attached is a copy of Government Code Section 65402(a) (Attachment A) . A. SITUATION AND FACTS: I. Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .City of Atascadero 2. Legal Description. . . . . . . . . . . . . . . . . . . . . . . . . . . .STADIUM PARK 3. Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 acres (approx. ) 4. Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (L) Recreation 5. General Plan Designation. . . . . . . . . . . . . . . . . . . . . . .Recreation 6 . Existing Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Vacant 7 . Environmental Status. . . . . . . . . . . . . . . . .Categorically Exempt B. ANALYSIS: The property in question, commonly referred to as Stadium Park or the Pine Mountain Amphitheater, is approximately 26 acres in size and is located approximately 1/2 mile east of the City Administration building (Attachments B & C) . General Plan Conformity: As stated above, Stadium Park is designated as "Recreation" on the General Plan Land Use Map, and is presently zoned "L" (Recreation) . Specific references to this particular property can be found within the text of the General Plan. One such reference reads as follows: "Pine Mountain Amphitheater or Stadium Park served as an important cultural and recreational site for the original community of Atascadero. Pine Mountain is characterized by dense growth and steep slopes where recreational activities would logically be of a varied nature. It provides a grand central setting for a large community park. This 26-acre area shall be developed for its original purpose. It is detailed in Map VI-11. The City shall consider purchasing it if it appears necessary to assure such a development. Funding for such acquisition and development could be accomplished through public subscription, general obligation bonds, revenue sharing funds, operating surplus or purchase and donation. " (General Plan, page 79 -- emphasis added) It is clear from reading this statement that Stadium Park is intended for recreational/parkland use. It is also clear, given recent development proposals for the site, that development of the site in accordance with its original purpose will not necessarily occur under private ownership. Indeed, some of the uses allowed in the "L" zone, many of which theoretically could be established with no further discretionary review by the City, would not be considered conducive to the desired use of the property as stated in the General Plan (Attachment D) . Another specific and relevant reference in the text of the General Plan to the Stadium Park property is this: "Areas of open space available for recreation that shall be preserved are listed below: 2 • = The banks and bed of Atascadero Creek The inundation area of the Salinas River Atascadero Lake and its surrounding park The Sunken Gardens Chalk Mountain Regional Park The three little league baseball fields The banks and bed of Graves Creek Pine Mountain (in part) The Wranglerette Arena Areas of open space that shall be considered for acquisition by a public agency and/or preserved for recreation are listed below: Chandler Parkland Pine Mountain Amphitheater County-owned lots fronting on Lakeview adjacent to Atascadero Lake" (General Plan, page 77) Acquisition of Stadium Park is also championed in the recently- adopted update of the Parks and Recreation Element of the General Plan. Furthermore, in August of 1989 the City Council adopted Resolution #58-89 designating Stadium Park as an important Historic Site (Attachment F) . Environmental Review: The acquisition of Stadium Park for parkland/open space purposes is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) . Although several classes of categorical exemptions developed by the State Secretary of Resources seem to apply to this project, the Class 16 and Class 25 exemptions seem most applicable, as follows: Class 16 -- consists of the acquisition or sale of land in order to establish a park where the land is in a natural condition or contains historic sites or archaeological sites and either: (a) The management plan for the park has not been prepared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site. (revised 4/18/91) 3 Class 25 -- consists of the transfers of ownership of interests in land in order to preserve open space. Examples include but are not limited to: (a) Acquisition of areas to preserve the existing natural conditions. (b) Acquisition of areas to allow continued agricultural use of the areas. (c) Acquisition to allow restoration of natural conditions. (d) Acquisition to prevent encroachment of development into flood plains. (State CEQA Guidelines, Sections 15316 and 15325, respectively) CONCLUSIONS• In conclusion, staff feels that the acquisition of the Stadium Park property by the City of Atascadero would not only be consistent with the City' s General Plan but would, in fact, serve to implement explicit policies contained within said General Plan. With respect to CEQA exemption, it should be added that any subsequent development of the property would be subject to independent review under CEQA. ATTACHMENTS: Attachment A - Government Code Section 65402 (a) Attachment B - General Plan Map Attachment C - Stadium Park Map Attachment D - Zoning Map Attachment E - L (Recreation) Zone Attachment F - Resolution #58-89 4 CITY OF ATASCAD ERO ATTACHMENT A -7- CONLNIL�iITY DEVELOPNIB..IT GPCR #01-9Code 1ec' 65402(n) DEP.�IZ?:tiiE�I'I' 65402. Acquisition or disposition ofro P perty; construction of buildings; requirements before action (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopt- ed general plan or part thereof applies thereto, until the location, pur- pose and extent of such acquisition or disposition, such street vaca- tion or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to con- formity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted gen- eral plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. ' f SPE - -�� ` 4 1 N RECREATION I ris We now till Will Tv USE WA JIM I �►� .� �, �u C `�, 111► �� �► /!1 L>1���1�11�� 1111111"adllm ,, PAP . �y I,I yl�j� •,,� - ,�;, �� r�i �� ��►� cf Par Omrt •. ,,; a. F2 :-47r -IWd co'�� ''► `yam; �� � LV - ♦ �§ o rm •r -.0, �� .,. � � � V� •.r ��. ��� �� ,►. err Is IIIIIIPPPM ,,, . = I,�� � �' . "�I► �► CC`S tts owl �► _WMA� INVA IWE � A". �+� �,j +�� •' �1� ,��'�i�Vii.,v A � � ��� �Ijtc.,I Ail S • 1 ♦�► ME �_ - � 111►���� OUN NUNN SAO � � � � �mnm moon . !� ` � • CITY OF .^11.�SC.ADE ATTACHMENT E CI ER L CO�tilltiiL'�i ( Recreation ) Zone ITY D EVEZ 0 GPCR P:�iEv-I' D EP.A..'Zn.fE.N7 (P9- 1 of 2 ) L (Recreation) Zone 9-3 . 401. Purpose: This zone is established to providi suitable locations and standards for the development of recreational facilities accommodating the needs of the general public. 9-3. 402. Allowable Uses: The following uses shall be allowed in the reation Zcne. The establishment of allowable uses shall be as provided by Section 9-2. 107 (Plot Plans) and Section 9-2. 108 (Precise Plans) : (a) Amusement services (b) Membership organizations (c) Libraries and museums (d) Bed and Breakfast (e) Temporary events (See Section 9-6.177) to (f) Indoor recreation services (g) Collection stations (See Section 9-05 . 130) (h) Accessory storage (See Section 9-6 .103) '( i) Rural sports and group facilities (See Section 9-6 . 124) (j) Outdoor recreation services (See Section 9-6. 123) (:<) Fisheries and game preserves ( 1) General Merchandise stores, where related to recreational use orr the site (m) Temporary or seasonal sales (See Section 9-6 .174) (n) Utility transmission facilities (o) Forestry (p) SchOol-business and vocational (See Section 9-6 . 125) 9-3. 403. Conditional Use: The following uses may be allowed in the Recreation Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional Use Permits) : 3-41 CITY OF RTAS C-AD ER O ATTACHMENT E -- COhOYLLniM 0EVEZOP' IZ.N-r L ( Recreation ) Zone � GPCR #01-91 ". D EP.�IZTI�IE`�"I' (Pg. 2 of 2 (a) Caretaker ' s residence (See Section 9-6 . 104) (b) Sports assembly (c) Public assembly and entertainment (d) Eating and drinking places (e) Cemeteries (f) Pipelines (g) Recreational vehicle park (See Section 9-6 . 180) (h) Transit stations and terminals 9-3. 404. Lot Size: There shall be no minimum lot size in the Recreation Zone. 3-42 CITY OF `�T''``�� C ATTACHMENT F C-�DERO Resolution #58- 89 CO.tiLtiIL'�iTry DEVEZOPy1EtiZ' GPCR #01-91 • D EP BIZ?:ti1E�I 1' RESOLUTION NO. 58-89 A RESOLUTION OF THE ATASCADERO CITY COUNCIL DESIGNATING PINE MOUN'T'AIN STADIUM AS AN IMPORTANT HISTORIC SITE WHEREAS, Pine Mountain Stadium once regularly is a natural ampitheatre, utilized by the community for plays , operettas , pageants, dances and other social occasions since 1915; and WHERE Atasc deroAColonylwasfstilltsolvent; and after 1915 and and while WHEREAS, as a result of the Atascadero Colon demise, the stadium stage was moved to the Lake Pavilionlandlthe property was thereafter purchased by private citizens; and WHEREAS, the stadium facility has been designated as a Public recreation area in the General Plan since 1968 , even though it has remained in private ownership; and WHEREAS, there has been interest in purchase the site since 1981 , obtaining funding to NOW, TniEREFORE, BE IT RESOLVED that the hereby officially recognize Pine Mountaioes historic site . n Stadiumjas anCouncil On motion by Councilmember cilmember F�n� seconded by Coun- ERS the toregozng resolution is hereby adopted on the to owing vote : AYES : COUVCI -MZ. BERS BORGESON, LILLEY, MACKEY, SHIERS .SND MAYOR DEXTER NOES : NONE ABSENT: NONE ADOPTED : 8/8/89 ATTEST: BOND C. SHARITZ, 5�Zty Clerk OLLIN DEXTER, Mayor APPROVED AS TO FORM: AP ROVED AS TO CONTENT: JEc F. EY ". 'CRG SEN, -itl Attornev j RAcY s1.INDSOR, City Manager PC 4/ 16/91 MINUTE EXCERPTS ITEM : A. 1 MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting Tuesday, April 16, 1991 7:30 p.m. Atascadero Administration Building The regular meeting of the Atascadero Plannin Commission was called to order at 7 : 30 p.m. by Chairperson Lu a followed by the Pledge of Allegiance. ROLL CALL: Present: Commissioners Kudlac, Johnson, aage, Hanauer, Lochridge, Highland, and Chairperson Lu a Absent: None Staff Present: Steven DeCamp, Ci Planner; Gary Kaiser, Assistant Planner; Bob Ma one, Assistant Planner; Pat Shepphard, A nistrative Secretary PUBLIC COMMENT There was no public co ent. A. CONSENT CALEN 1. Appro 1 of minutes of the regular Planning Commission mee ' ng of April 2, 1991 MOTION By Commissioner Johnson, seconded by Commissioner Kudlac and carried 7 : 0 to approve the Consent Calendar as presented. B. HEARINGS, APPEARANCES AND REPORTS 1. General Plan Conformity Report: Public hearing to consider a General Plan conformity report on the City acquisition of certain real property commonly referred to as the Pine Mountain Amphitheater, or Stadium Park. Gary Kaiser presented the staff report on this matter noting that acquisition of the Stadium Park property by the City would not only be consistent with the General Plan but would serve to implement explicit policies contained within the Plan. PC 4/ 16 /91 MINUTE EXCERPTS • - Public Testimony - Livia Kellerman, 5463 Honda, read a statement noting that Atascadero now has the opportunity to enrich its park system further by adding Stadium Park which is part of the City ' s history. The Park is unique due to its natural amphitheater, and would lend itself to a variety of activities. Since the park is also close to downtown, it would encourage people to walk from the downtown area to the created events. Mrs. Kellerman urged the Commission to look favorably in deter- mining that acquisition of this property conforms to the General Plan. Ursula Luna, corresponding secretary for the Atascadero Historical Society, read the attached letter from the Society' s President, Norman Ruskovich, (Exhibit A) urging the Planning Commission' s support of Pine Mountain' s acquisition. Marj Mackey stated that she has wanted this in public ownership for over 20 years adding that she approached the County in 1978 and asked that they purchase it because it was in the General Plan at that time. Unfortunately, it was the week after Proposition 13 passed and nobody knew what was going to happen at that point. Eric Greening, 7365 Valle, noted his endorsement of the comments expressed by the previous speakers. He spoke on the importance of the City acquiring the property in a timely manner adding that there is no way of developing part of the property without limiting what could be done acoustically in the amphitheater area. Mr. Greening further stated that acquisition could also be helpful in terms of the ongoing downtown planning goals . He concluded by saying that it is his desire for Atascadero to have a civic identity with a cultural and historical center that would bring people to Atascadero. Lindsay Hampton, 8402 Alta Vista, urged the Planning Commission to support the property' s conformity with the General Plan, and added that the General Plan is specific about the need for preserving Stadium Park as open space as well as the purchase of it to accomplish that end. David Brown, 7175 Pinal, stated he lives near Stadium Park and pointed out the various animals and wildlife that live on Pine Mountain. This is a unique area for being so close to the center of Atascadero and it is well worth preserving and keeping as a recreational area and open space. Celia Moss, Coromar resident, noted her concurrence with the previous speakers and related that Randy Rossi was instrumen- tal in developing an open space program for Boulder, Colorado, and he had strongly recommended that a community should buy PC 4/ 16/91 MINUTE EXCERPTS • into open space whenever the opportunity arises so that the environment and scenic enhancement can be preserved. Ms. Moss urged City acquisition for this property. Ray Jansen, 6655 County Club Drive, noted that value is relative but future value is something that goes up with time. He voiced his feeling that as the public is made aware of Stadium Park' s future and potential value, that this should have an impact upon the owners of the property. - End of Public Testimony - MOTION: By Commissioner Highland, seconded by Commissioner Kudlac and carried 7:0 to recommend to the City Council that any acquisition of Stadium Park by the City of Atascadero for the purposes of maintaining the property's natural state or to ensure that use of the property is limited to parkland and/or low- intensity recreation would be consistent with the City's General Plan. 2. Zone Change 03-91: Public hearing to consider the amendment f Section 9-3. 651 of the Atascadero Municipal Co a (Zoning Ordi- nance) regarding development standard or projects to be located within Planned Development erlay Zone No. 7. Steven DeCamp presented the staff eport and provided a background on the Commission' s revious discussion of potential development standards to a imposed on PD7 projects. With regard to Standard F, Mr. eCamp suggested a possible modification to provide for ro lot line setbacks, which could be a design solution w' h some planned developments. Commission questions and iscussion followed. Commissioner Hanauer tated that the zero lot line setback should be taken adv tage of. With regard to Standard N, he inquired if this ratio was applied to previous planned development appr als. Mr. DeCamp replied that most of the developments r iewed have had a minimum rear setback of ten feet and a 'nimum rear yard width of 30 feet so the 300 square foot ratio was met. He explained that this standard will deli r the open space and tie the amount of open space availab to the number of residents anticipated within the dwell ' g. Co issioner Kudlac questioned what effect the zero lot line w uld have on Standards F, L, and N. Mr. DeCamp explained hat the zero lot line allows a dwelling unit to be situated right up to the side property line so the number of lots will still be determined by the number of bedrooms proposed, and will have the same density on the lot. Discussion followed i PARRS AND RECREATION COMMISSION MEETING MAY 2, 1991 MINUTES DRAFT MINUTES ITEM 6 NEW BUSINESS: ITEM 6-A - PINE MOUNTAIN STADIUM PARR - PROPOSED PURCHASE: Mr. Takata informs the Commission that the City Council is presently considering the purchase of the historically significant 26 acre "Stadium Park", located on Pine Mountain, adjacent to Pinal and Escarpa Avenues. The property is presently undeveloped, privately owned, and could be developed under the present (L) Recreation zoning into various allowable uses. Some allowable uses under the present zoning are indoor recreation services with related general merchandise stores, accessory storage, amusement services, membership organizations, bed and breakfast, collection stations, under the present zoning of (L) Recreation. Staff notes that the owner is presently proposing a zone change to the property. Commissioner Bench notes that the City Council previously considered the purchase of this property, for less than $100, 000, but took an action not to budget for the acquisition at that time. Commissioner Bench supports the acquisition of the property. Commissioner Schulte feels the development of a community center would be a more viable and worthy project than the Stadium Park proposal. Commissioner Schulte further questions why the City Council would consider approval of a zone change proposal to this property because of it's historical significance. It is noted that if the City owns the property, it would be able to preserve it's historical significance and not allow it to be developed under the present allowed uses. MOTION: Commissioner Cooper moves that the property does conform with the Recreation Element of the General Plan, and supports the purchase of Stadium Park; Commissioner Meyer seconds; Motion carries 5-0 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-4 Through: Ray Windsor, City Manager Meeting, Date: 5/14/91 File No: TPM 24-88 From: Henry Engen, Community Development Director i SUBJECT: Acceptance of final Parcel Map 24-88 (subdivision of two lots of 9. 35 acres into 3 parcels containing 2. 50, 2. 50, and 4. 35 acres each) at 8005 San Gabriel Road (Kenney/Stewart) . RECOMMENDATION: Acceptance of final Parcel Map 24-88 since all conditions of the map have been met by the applicant. BACKGROUND: On April 11 , 1989, the City Council approved Parcel Map 24-88 subject to certain conditions and in concurrence with the recommendation of the Planning Commission. HE:ps cc: A.D. Kenney Daniel J. Stewart .\ ! Exhibit A CITY OF ATASCADERO p ��•r-'��"-% Location Ma C 0 ��I��l :V TY C 'VL0PME�'T TPM 24-88 E PA.7 T Ivf E V l 4 cP!PJ�i- 17' t.;FH) FiZ RS OF A. o r cyE �7i5M — �,�AdaiE� 9� /. LFH �Q F R ti S 1TE o —CA 17A—� ��4ST� REPORT TO CITY COUNCIL Agenda Item: B-5 CITY OF ATASCADERO Through : Ray Windsor , City Manager Meeting Date : 5/ 14/91 From : Micki Korba , Cit%: Treasurer Mark Joseph , Administrative Services Director l/�o SUBJECT: Opening An Account With Orange County ' s Investment Pool RECOMMENDATION: Staff recommends Council approve Resolution No . 36-91 , authorizing the City Treasurer to invest idle funds with Orange County ' s Treasurer . BACKGROUND; Our Treasurer discovered that Orange County has been able to maintain a higher yield on its investments than the State ' s Local Agency Investment Fund ( LAIF ) . Currentl , , Yield is 9 . Oy, ; LAIF is down to Orange County ' s net letter from Orange County indicatesundee aare /' .elAgible attached oaloed their pool . ANALYSIS The primary consideration is the higher yield -- on an annual basis , it represents $10, 000 in extra income per million dollars of invested monies. Rudy ' s memo of May 3 ( attached ) clarifies additional points . The delay in receiving confirmation of earning=_ is an administrative inconvenience -- but certainly worth the extra earnings . Large withdrawals -- in excess 5100, 000 -- will require 30 da mess of } days notice; again , this is something staff can work with . In light of the fact that the ,ield is higher , the investments are consistent with State and local parameters and the administrative procedures are not unduly burdensome, staff recommends Council apprc\,al . ROBERT L."BOB"CITRON COUNTY TREASURER-TAX COLLECTOR TELEPHONE:(714)834-3411 d O U N TY O F FAX.(714)834-2912 TAX OFFICE ADDRESS • Z ) 106 FINANCE BUILDING 630 NORTH BROADWAY P O.BOX 1438 5 3 RANG E SANTA ANA,CALIFORNIA 92702 OFFICE OF THE TREASURER—TAX COLLECTOR TREASURER OFFICE ADDRESS 209 FINANCE BUILDING 630 NORTH BROADWAY P.O.BOX 4515 SANTA ANA,CALIFORNIA 92702 IN REPLY PLEASE REFER TO: April 25, 1991 City of Atascadero 6500 Palma Ave. Atascadero Ca. 93422 Attn: Rudy Hernandez, Assistant Finance Officer Dear Mr. Hernandez: Enclosed please find the Orange County Treasurer's procedures for investment of excess funds in the County Treasury. Please review the procedures carefully, and feel free to call me with any follow-up questions you may have. I have spoken with your local County Treasurer, and he has no objections to your opening an account with us. We would therefore be willing to accept any deposits you may wish to make. If you decide you would like to join the investment pool, you' ll need a resolution from your city council authorizing the investment. Just send me a copy of the resolution and I 'll open an investment fund on our accounting records for you. I have enclosed a sample resolution you may want to use if you decide to join the pool. Most people include in the resolution a list of designated persons who can invest or withdrawal the city's funds. However, if you desire, this can be sent as a separate attachment (which may make updating a little easier for you) . Thanks again for your interest in our investment pool. If you need to contact me, my direct number is 834-3365. Very tly yours, lyqCaAJI-� Matthew R. Raabe Chief of Treasury Operations MRR:ms Enclosures M E M O R A N D U M DATE May 3, 1991 TO Mark Joseph, Director of Administrative Services Muriel Korba, City Treasurer FROM Rudy Hernandez, Assistant Finance Director SUBJECT Interest Earnings on Funds Deposited With Orange County Investment Fool As per our meeting last Tuesday, April 30, 1991, I spoke with Matthew R. Raabe, Chief of Treasury Operations with Orange County and was provided with the following information: 1) The 9 interest earnings rate quoted by Orange County is net of administrative charges. 2) Orange County needs a minimum of ten weeks to process and distribute the interest earnings. According to Matthew R. Raabe, we should not expect to receive our interest payment any earlier nor later than the ten week period. If you need any additional information, please call me @ 076. RESOLUTION NO. 36-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE CITY TREASURER TO INVEST MONIES WITH THE COUNTY OF ORANGE ' S TREASURER WHEREAS , pursuant to Section 536e4 which was added to the California Government Code allowing local agencies to deposit excess funds into the County Treasury for purposes of investment by the Oranqe County Treasurer ; and WHEREAS, the City Council does hereby find that the deposit and withdrawal of money with the County Treasurer in accordance with the provision of investment as stated therein are in the best interests of the City of Atascadero ; NOW , THEREFORE , BE IT RESOLVED that the Atascadero City Council does hereby authorize the deposit and withdrawal of City of Atascadero monies with the County Treasury in the County of Orange in accordance with the provisions of Section 536e4 of the Government Code for the purpose of investment as stated therein. BE IT FURTHER RESOLVED that the following City of Atascadero officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the County Treasury . Name and Title of Authorized Officers Signatures Muriel ''Micki '' Korba , Treasurer Mark Joseph , Administrative Services Director Rudy Hernandez, Ass ' t Finance Director Cathy Sargent , Finance Technician On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety , by the foll3wing Roll Call 'Vote . AYES: NOES : ABSENT : ADOPTED: • ATTEST: By : LEE DAYKA, City Clerk ROBERT B . LILLEY , Mayor APPROVED AS TO FORM: ARTHER MONTANDON MARK. JOSEP Dire or of City Attorney Administrat ve Services REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-6 Through : Ray Windsor , City Manager Meeting Date : 5/ 14;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 38-91 authorizing the City Manager to execute an agreement with Crawford , Multari and Starr ( CMS) 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 Lona Fiscal Analysis -Range for the City . The seconc 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 Commurity 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 Computerizes 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 . correction=_ 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 aqreement . PASSED AND ADOPTED at a soecial meetinq of the City Council of the City of Atascadero held on the 24th day of May , 1991 . CITY OF ATASCADERO , CALIFORNIA By: Rooert 3 . Lilley , Mayor ATTEST : Lee Dayka , City Clerk Crawford Multari & Starr 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 _ 3d4S H�gue,a St Su to 202 San --o spo a 8C� �_ __ , REPORT TO CITY COUNCIL Agenda Item: B-7 CITY OF ATASCADERO Through : Ray Windsor , City Manager Meeting Date : 5/ 14/91 From: Mark Joseph , Administrative Services Director SUBJECT: Approving a Lease/Purchase AQ_reement for the Purchase of Capital Equipment . RECOMMENDATION: Staff recommends Council adopt Resolution No . 39-91 authorizing the City Manager and/or the Administrative Services Director to execute an agreement between the City and Valley Bank Leasing . BACKGROUND- In the FY 90-91 budget , a replacement fire engine and various other pieces of equipment were authorized by Council and subsequently purchased , after competitive bidding . Except for the fire engine , sufficient monies were appropriated for the outright purchase . The fire truck was intended to be lease/purchased . Staff went to competitive bid for a leasing agent . Eleven bids were received , with Valle,/ Bank Leasing identified as the lowest bidder ( based on overall interest costs ) . Because the interest rate was sianificantly lower than anticipated ( 6 .88': compared to 7 . 5% ) , staff began to explore the option of increasing the amount of items to be included in the lease. For example, a Capital Lease initiated in 1989 at 8. 45'% was refinanced at a substantial savings to the City . An additional $100,000 in equipment ( computer hardware and vehicles ) was also identified , and included . The complete list of items is show as Exhibit A in the attached Resolution . As a result of approving the lease , the City will save interest expenses over the next five years . as well as free up a significant amount of General Fund reserves to address the full costs of the Lake Pavilion building . Annual payments will be approximately $94 , 000 for the first three years and then $64 ,000 in the last two . Currently , the City is paying over $96, 000 on two Capital Leases , both of which have been paid off in this fiscal year . RESOLUTION NO. 39-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, APPROVING A LEASE/PURCHASE AGREEMENT WITH VALLEY BANK LEASING. RESOLVED, that this Municipality is authorized to enter into a Lease Purchase Agreement ( the "Agreement " ) with Valley Bank Leasing , Inc . ( LESSOR" ) for the acquisition of the use and possession of the equipment described on the attached Exhibit "A" ( the "Equipment" ) for an aggregate cost not to exceed $325 ,000 ( not including interest ) payable over a period of 5 years, and in accordance with the terms of the Agreement , subject to the right of the Municipality to ( i ) terminate and cancel such Agreement and the Municipality ' s obligations on one date each year during the term of the Agreement and ( ii ) acquire the Equipment at such times and on such terms as may be set forth in the Agreement . RESOLVED FURTHER , that each of the following officers of the Municipality : Ray Windsor , its Cit,: Manager and Mark Joseph , its Administrative -cervices Director are authorized , empowered , and directed to ( i ) negotiate the terms of and execute and deliver- the Agreement and such other documents as may be necessary or appropriate , together with changes therein as such officer shall deem necessary and desirable and ( ii ) take such other actions as may be necessary or appropriate to consummate the transactions contemplated in the Agreement and to cause the full and timel•,, performance of all of the Municipality ' s agreements and obligations in connection with the Agreement : such officer ' s execution and delivery of the Agreement and other documents or the taking_ of such actions to evidence such officer ' s approval of the document or action, respectively: RESOLVED FURTHER , that in connection with the foregoing Resolutions , all actions taken by the duly authorized officers of this Municipality with respect to the Agreement or the transactions to be evidenced by the Agreement prior to the date of this Resolution be , and they herebi are , ratified and confirmed as the duly authorized acts of the Municipality: RESOLVED FURTHER, that the Municipality does hereby designate the Agreement as a qualified tai:-exempt obligation for purposes of Section 265(b ) ( 3 ) ( ii ) of the Internal Revenue Code of 1988 , as amended : and RESOLVED FURTHER, that LESSOR may rely on this Resolution until notified of the revocation , amendment , or other modification in writing and all actions taken by the duly authorized officers of this Municipality in accordance with this Resolution prior to the LESSOR ' S receipt of such notice shall be the duly authorized actions of and binding and enforceable against the Municipality and relied upon by LESSOR . On motion by Councilperson , and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety , by the following Roll Call Vote . AYES : NOES : ABSENT : ADOPTED: ATTEST : By : LEE DAYK.A, City Clerk ROBERT B. LILLEY . Mayor APPROVED AS TO FORM: ARTHER MONTANDON MARK JOSEPH, Director of City Attorney Administrative Services REPORT TO CITY COUNCIL Agenda Item: B_g CITY OF ATASCADERO Through : Ray Windsor , City Manager Meeting Date : 5/ 114/91 Prom: Mark Joseph , Administrative services Director/ SUBJECT: Establishing an additional Deferred Compensation Program for City Employees . RECOMMENDATION: Staff recommends Council approve Resolution No . 40-91 establishing a deferred compensation program with Great Western Bank . BACKGROUND: The Citv currently provides a voluntary deferred compensation plan with Hartford Insurance . Contributions come from employee deductions only . This proposal simply adds a second program to select from. There is no fiscal impact to the City. Our new payroll accounting s' stem can handle the additional deduction. RESOLUTION NO. 40-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GREAT WESTERN BANK TO PROVIDE A DEFERRED COMPENSATION PROGRAM FOR THE EMPLOYEES OF THE CITY OF ATASCADERO. The City Council of the City of Atascadero , California, hereby resolves as follows : 1 . The City Manager , or in his absence , the Administrative Services Director , of Atascadero is hereby authorized to execute an agreement with : Great Western Bank , to offer a deferred compensation program, 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 special meeting of the Cit•,, Council of the City of Atascadero held on the 24th day of May . 1991 . CITY OF ATASCADERO, CALIFORNIA Rotert B . Li i ley . Mayor ATTEST : Lee Dayka, City Clerk CG4P NSATTCK PLAN Aft • This Agreement is effective this 1st day of JZk. ./, 1490 by and between GREAT WES'T'ERN &12 , a Federal Savings Bank, hereinafter referred to as GREAT WES=, and the C,T/O�A. hereinafter referred to as AGENCY. WHEREAS, AGENCY, pursuant to and in caTliance with Internal Revenue Code Section 457, has establi.shod a Deferred Gxipensation Plan, hereinafter referred to as PLAN; arra WHEREAS, AGENCY desires to pr-cter_t itself against the impending suspension of Federal Di!i�it Insurance of irrlividual participant accounts; arra WHEREAS, AGENCY desires to utilize GREAT WE-S"T3:RN in the performance of certain services in connection with the administration of the PLAN; and WHEREAS, GREAT WESTERN desires to provide such services subject to the terms and conditions set forth herein; Now therefore, AGENCY and (1?= WES'I`FRPT agree as follows: 1. TERM: This Agreement shall re-Tein in effect for a period of ive years from the effective date hereof, and shall not be terminated prior to that time except for "Cause" as that term is hereinafter defined. For piiryrses of this Agreement, the term "Cause" shall mean the failure of either party to perform any or all of its obligations as defined herein. The non-defaulting party shall give the defaulting party written notice which shall specify the particulars of the default. If such default is not cured within sixty (60) days from the end of the month in which notice of default is given, the non-defaulting party may terminate the Agreement effective thirty (30) days after the end of the sixty (60) day period. For purposes of this Agreement, "Contract Year" shall mean the period of time between the effective date of the Contract, and the same day of the month in each succeeding year; the first Contract Year, however, shall be extended, if necessary in order to ensure that every Contract Year will end on the last day of a calendar month. Notwit� the above, this Agreement may be terminated by either party, with or without "Cause" as that term may be defined herein, upon the giving of ninety (90) days written notice to the other party. 2. FUNDI%: AGENCY may fund this Agreement by forwarding participant deferrals to GREAT WESTERN at such times as it may see fit. - 1 - 3. TEMP ION: Upon the effective date of termination of this Agreement, other than for Cause as defined above, the following shall occur: a. GREAT WESTMN shall issue reports to AGENCY detailing the status of PLAN assets no later than twenty (20) business days after the end of the month in which termination ber-Lm s effective. b. AGENCY may request liquidation and witl-,drawal of PLAN assets. If tz:rminaticn is for Cause, GREAT WESITIN shall disburse those funds deposited in GREAT WESTERN, not subject to penalty for early withdrawal, witdn thirty (30) days of the effective date of term.irvition. Funs deposited in GREAT WEST M, subject to penalty for early witt-x rawal, shall be disbursed according to written -i.nstructicns fr o,,i AGENCY. Funds invested in mutual funds shall he disbursed as :mutually agreed in writing by AGENCY and GREAT t;lS=. If termination is cue to non-renewal of this Agreement, GREAT WJESE N shall disburse those funds deposited in Great Western Savings, not subject to penalty for early withdrawal, within ninety (90) days of the effective date of termination. Funds depassited in Great Sv:�sterTn savings, subject to penalty for early withdracaal, shall be disbursed, after deduction of penalty, or left on deposit until maturity, according to written instructions frcam GFNCY. Mutual Fluid Shares shall be disbursed as mutually agreed in writing by AGENCY and GREAT WESIT2W. This clause shall not serve to affect normal distributions to participants pursuant to PLAN. 3. DEF;MIUS: The min-imum participant deferral Per Pay Period shall be not less then $10.00. ICY agrees to: a. Cause appropriate deductions to be made frcam such payroll(s) as may be applicable. b. Send by check or wire transfer the amount of the total deductions to : Great Western Stank Deferred Ccmpensation Department P.O. Box 6350 Northridge, California 91328 or to such other facility or in such other manner as may be mutually agreed upon between GREAT WESIEIN and AGENCY. - 2 - C. Provide, in such form as agreed upon by AGENCY and GREAT WESIMF N, a deferral listing with respect to participant sub-accounts to include • riot less than the following: 1. Name of Participant 2. Social Security Ntm� of participant 3. Amount to be credited to participant's sub-accounts) Q= WES= agrees to: d. Establish a sub-aaxxunt for each participant. e. Credit the amounts sent by AGENCY to the sub-accounts) of the various participants and to selected investment vehicles in accordance with the latest written instructions on file with GREAT WESTERN. f. Funds invested in the option described herein as "GWBIA" will accrue interest as of the date of receipt by GREAT WESTERN. g. Place mutual fund orders, if applicable, within three (3) business days of the receipt of both, a deferral listing and check, in accordance with the latest written instructions on file with GREAT WESTERN. 4. RECORD SING AND REPORTS: GREAT WESIE;N agrees to furnish AGENCY, no later than twenty (20) days following the end of each month and each quarter a report regarding the status of the PIAN containing the following information: a. Each participant's name b. Each participant's Social Security Number C. Each participant's sub-account number d. Deposits credited to each sub-account during the period e. Withdrawals from each sub-account during the period f. Interest/Earnings credited to each sub-amt during the period g. Total value of each sub-account h. Summary totals of the PLAN NOTE: Annuity transactions will not appear on the monthly/quarterly reports and quarterly statements issued by Great Western. The AGENCY and participants will receive reports and statements from the insurance any. - 3 - GREAT WESTERN agrees to provide quarterly statements to participants in the FLAN, no later than twenty (20) days following the end of each calendar quarter. Each stater-ant shall identify the transactions which have occurred in the participant's sub-account at the beginning and the end of the preceding • quarter. GREAT WEMIRN agrees to iraintain the records necessary to produce the above mentioned reports, and agrees that all records shall be the property of AGENCY and that, in the event this .greement is terminated for any reason, GREAT WEST RN will provide AGENCY a copy of such records, in hard copy or such other form as mutually agreed upon bet-ween GREAT WES'TTIN and AGENCY, within ninety (90) days after the effective date of termination. AGENCY agrees that all related Ater tapes, discs and prograns shall remain the property of GREAT WFS-Ir GREAT WF=N agrt,e, 'ghat all information supplied to and all work processed or o7,-Vlet.ed by GREAT IdEs-FERN -shall Yee held to be confidential and will not be disclosed to anyone other than AGENCY except as required by law. 5. D7S'IRIBU1UONS: Upon receipt of authorized written instructions from A ;,NCY, in such form and with such authorization as mutually agreed upon by GREAT WESTERN and AGENCY, GREAT WES"ITYN agrees to process the payment of benefits to participants and beneficiaries in accordance with PLM. Distributions shall be made once a mDnth, on the seventh (7th) calendar day before the last day of the month. If that day is a Saturday, Sunday or Holiday, distributions shall be made on the next business day. Initial distribution requests received by GREAT WES=, at its operations office in Northridge, on and after the sixteenth (16th) calendar day of a month will be procesck-d the following month. If applicable, the distribution of funds resulting from the liquidation of rutual fund shares will be made on the next distribution date which falls at least five (5) business days after the receipt of such funds by GREAT WES'IR(. The above notwithstanding, GREAT WFSI'ERN will cooperate with AGENCY to not unreasonably delay distribution requests in conjunction with "emergency withdrawals", as defined in the FLAN. CREAT WEMM4 agrees to withhold appropriate Federal and State inoame taxes, according to instructions set forth on form W-4 ccMleted by the participant, to remit such withholdings to proper taxing authorities, and to issue net funds to participant(s) or beneficiary(ies) in accordance with instructions on the Distribution Request Form. GREAT WESTERN agrees to perform rewired monthly, quarterly and annual reporting of withholdings to appropriate taxing authorities. GREAT WESTERN agrees to issue appropriate annual wage and tax statements to those participants and beneficiaries who received distribution(s) during the preceding year and to retain a copy of such information on file for the period required by law. GREAT WESTERN agrees to provide AGENCY a monthly report of all disbursements made during the previous month. - 4 6. INVEs"MIM vEHic!T GREAT WESTERN agrees to provide the herein described services for AGENCY with the following investment vehicles. A. Great Western Bank Indexed Account (,,GWBIA,,) . The investment vehicle identified as GWBIA shall be savings accounts with GREAT WESTERN. Each such account shall be subject to rules, regulations and statutes to which GREAT WESITM is subject, as promulgated by the Office of Thrift Supervision (OTS) , the Federal Deposit Insurance Corporation (FDIC) and other such regulatory authorities. GREAT WESTERN agrees to accept PIAN funds for investment in GWBIA. PIAN funds will earn interest by whichever of the following methods results in the highest rate payable: (1) The rate of interest for all funds received during the term of the contract shall vield the over-the-counter annualized yield quotation for the three five year United States Government Treasury Note, deteby re erence to representative yields reported in the Wall Street Journal on the last business day of each calendar quarter. This effective annualized yield will be guaranteed for the calendar quarter regardless of any subsequent change in the three ive year United States Treasury Note yield. The warrent rate/yield is: Rate v-3 � Yield b/ 7S'% (T.B.D.) (2) Such other yield as declared by Great Western and shall not be lower than A. (1) above. Interest will accrue daily, using the 365/360 day method, will be credited monthly, on the last day of the month, and will be automatically reinvested to allow for monthly corpo nding. B. GREAT WESTERN BANK CERTIFICATE OF DEPOSIT (GWBCD) Great Western will also make available one and two year certificates of deposit (CD) whose yields are indexed to representative, effective annual yields on one and two year United States Government Treasury Notes. For example, a one year CD will have a yield indexed to the one year Treasury Note; a two year CD will have a yield indexed to the two year treasury Note. - 5 - In either case, the effective annualized yields for the one and two year Treasury Notes will be determined by reference to representative yields reported in the Wall Street Journal on the last business day of the calendar quarter. This yield will beanie the effective annualized• yield of the GWBC'D for the following Quarter. Interest will accrue daily, using the 365/360 day method, will be credited monthly, on the last day of the month, and will be autcnatically reinvested to allcw for monthly asipounding. Other guidelines are as follows: 1. One Year CD: $10,00o mini= deposit, 90 day interest penalty for early liquic-ttion (separation frc¢n service, plan-to-plan transfers or hardship excluded) 2. Two Year CD: $10,000 minimnn deposit, 180 day interest penalty for early liquidation (separation from service, plan-to-plan transfers or hardship excluded) 3. Participants may invest in no more than two (2) CD's per year. Plan funds invested in the C-WBIA or GWBCD options are backed by the full faith and credit of the U.S. Governwnt and are also insured by the Federal Deposit Insurance Corporation, an agency of the F Govenu,,�nt, up to $100,000 per participant. Great Western will c ol]ateralize ariy amucu7ts invested in the GWBIA in excess of FDIC u-durance limits by depositing first deeds of trust on suitable residential property (i.e. one to four unit) with the Federal Home T.ean Bank in San Francisco. The unpaid Outstanding principal balance of the collateral is adjusted quarterly, and shall in the aggregate, at all times equal or exceed one hundred fifty percent (150%) of the aziount of plan hurls invested in the GWBIA in excess of FDIC limits. C. MEQ WPOLIIAN LIFE INSURANCE CUIPANY GMRANTEID RNESIIENr CONTRACT (GIC) GIC's are a contractual arrangement with an insurance oaripany that are very similar to bank certificates of deposit. GIC's guarantee a specific rate of return on invested funds over the life of the contract, with the insurance conpany assuming all of the market credit, and interest rate risks on the underlying investments. The GIC's in the Great Western deferred cagaensation program are underwritten by Metropolitan Life Insurance Ccpany, the third largest life insurance conany in the world. Metropolitan GIC's have One (calendar) year deposit "windows", with three (3) year interest rate guarantees. - 6 - ale: All funds deposited in (calendar year) 1990 will be guaranteed a rate of interest through 1992 (1990, 1991, 1992) ; all funds deposited in 1991 will beguaran teed a • rate of .interest through 1993. etc. Principal and interest are guaranteed for the life of the contract by Metropolitan. The rate/yield on all funds received in calendar year 1990 ' /Y Y is: Rate . 71 $ Yield ?,/J %. The rate/yield on these funds is guaranteed thrmx331 1992. Other guidelines are as follows: 1. For the 1990 deposit window, lump stun transfers of previously deferred and invested funds will be accepted only tIN=ugh February, 1990. New deferrals may be allocated to the GIC at any time. 2. Funds invested in the GIC may not be transferred (before maturity) to other investment options for any reason. 3. Funds invested in the GIC may be paid to participants, without interest penalties, surrender charges, or aamunt value reductions of any kind, for distribution events, hardship withdrawals, or plan-to-plan transfers (where permitted) . D. Other investment vehicles which will be provided to the PLAN are described on the attached Schedule 1. (1) If applicable, PLAN funds invested in mutual fund options will utilize Great Western Financial Securities Corporation, a wholly owned subsidiary of Great Western Financial Corporation, as the Broker/Dealer for such transactions. (2) If applicable, Single Premium Immediate Annuities arra other annuity products purchased by AGENCY pursuant to PLAN will be issued and guaranteed by Great Western Insurance Canpany, a wholly owned subsidiary of Great Western Financial Corporation, or such other life insurance company selected by Great Western. (3) Certain investment vehicles may impose sales charges. These sales charges will be disclosed in the prospectus or insurance contract, whichever is applicable. 7 - (4) GREAT WEgrERN may, from time to time, offer to perform the herein described services for additional and/or alternate investment vehicles upon written agrE' m-ft between GREAT WESTERN and AGENCY. . 7. ENROU10M SERVICES: GREAT WESTERN agrees to process, or arrange to have processed, the enrollment of eligible employees who elect to participate in the PIAN. GREAT WESTERN agrees to provide informational and promotional material pur-s-ant to the PIAN for distribution to employees of AGENCY, subject to approval of such material by AGENCY, such approval not to be unreasonably withheld. AGENCY agrees to allow and facilitate the periodic distribution of such material to employees. GREAT W=.JRN agrees to conduct, or arrange to have conducted, group presentations periodically for employees of AGENCY, to explain the PLAN. AGENCY a,�. to facilitate the s eduling of such presentations and to provide facilities at which satisfactory attendance can be expected. GREAT WESTERN agrees that qualified personnel will be made available periodically to discuss the PLAN with individual employees of AGENCY. 8. TI= AND OWNERSHIP: AGENCY shall at all times be the unrestricted owner of all PIAN assets, in accordance with IRC 457 provisions. 9. PRIVITY OF CONTRACT: CU2FAT WESTERN shall have no privity of contract with PLAN participants. GREAT WESIERN agrees not to accept or honor instructions which may be submitted by participants without written authorization from AGENCY. 0 10. FEES AND EXPENSES: GREAT WFC'UV, in consideration of its services under the Plan, shall receive an annual administration fee of twelve dollars ($12.00) per participant in the Plan. GREAT WEM04 will deduct the administration fee frcan each Participant sub-aecxunt in four equal installments of three dollars ($3.00) at the end of each calendar quarter. GREAT WE3rERN requires each Participant to maintain a cash balance in the GWBIA sufficient to cover administration fees. No fees will be assessed until such time as the Agreement may be funded. Other than at the termination of the Agreement, if a Participant transfers their account, or any portion thereof, from GREAT WESTERN to another provider, other than GREAT WESTERN or a subsidiary of Great Western Financial Corporation, a transfer fee in the amount of twenty-five dollars ($25.00) will be assessed. Such fee to be deducted from the Participant's account prior to transfer of funds. - 8 - 11. TRANSFERS: • A. From the GWBIA To Other Great Western investment options GREAT WESTERN will allow the transfer of funds in participant sub-acccxunts front the GWBIA to other investment options provided in the plan Agreement. Such transfer will be allowed only upcn express written agreement betWem AGENCY, GREAT WESIERN and the applicable investment option and will be allo;,ed throuc he ut the term of this Agreement. Funds will be transferred from the GWBIA to the other investment option, within three (3) business clays of receipt of written authorization from the AGENCY by GREAT WESYrRIN at its office in Northridge, California. b. —FM—n. Other Ghat yti'estezn.Inves Tient motions to GWBIA tMRFAT WFSTERN will allow the transfer of funds in participant sub-accctunts frr-n ot ,,er GREAT WESTERN investment options provided in the plan Agreement, (i.e. mutual funds and annuities) to the GgBIA. Such transfers will be allowed only upan express written agreement between AGENCY, C-P= WESTERN and the applicable investment option and will be allowed throughout the term of this Agreement. The transfer will be initiated within three (3) business days of receipt of written authorization from the AGENCY by GREAT WESTERN at its office in Northridge, California. If a transfer involves the liquidation of mutual fund shares, the proceeds from the sale of said mutual fund shares, will be credited to the GWBIA upon receipt of the fiends by GREAT WESTERN from the investment company. C. From Great Western to Other Investment Providers G;;FAT WES`rEVN will allow the transfer of funds in participant sub-accounts to other investment providers. Such transfers will be allowed only upon express written agreement between AGENCY and GREAT WESTERN and will be allowed throughout the term of this Agreement. Transfers wi11 be processed in accordance with the provisions of number 10. (Fees and Expenses) and 11.a. and/or b. 12. CIRCUMSTANCES EXCZJSING PERFORMANCE: The performance by the parties to this Agreement is subject to force majeure arra is excused by fixes, power failures, strikes, acts of God, restrictions imposed by government, or delays beyond the delayed party's control. Failures of or defaults by investment vehicles other than GREAT WESTERN shall excuse performance by GREAT WESTERN thereby prevented. - 9 - 13. INDEMNIFICATICN: Notwithstanding any other provision herein to the Crary, GREAT FERN agrees to be solely responsible to AGENCY for any alxd all services performed by GREAT WESIERN or its employees under this Agreement. GREAT W&,TI-'RN shall be responsible for any error or negligence aa=itted by GREAT WESTERN or its euployees. AGENCY shall be responsible for any error or negligence omitted by AGENCY or its employees. GREAT WESIMN shall not be liable for investment performance, except as expressly provided for in this Agreement. 14. ASSIGNABI=: No party to this Agreement shall assign the same without the express written consent of the other party, such consent not to be unreasonably withheld. Unless agreed to by the parties, no such assignment shall relieve any panty to this Agreement of any duties or responsibilities herein. 15. PAR= BOUND: This Aci-c-Amment and the provisions thereof shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties. 16. A,PPL.ICABI£ LAW: This Agreement shall be construed in accordance with the laws operating within the State of California. As mach, this agreement must be signed by the Treasurer of the Agency. 17. UNLAWFUL PROVISIONS: In the event any provisions of this Agreement shall be held illegal or invalid for any reason, said illegality or invalidity shall not of feat the remaining parts of the Agzvement, but the same shall be aced and enforced as if said illegal or invalid provision had never been inserted herein. Notwithstanding anything contained herein to the contrary, no party to this Agreement. will be required to perform or render any services rimer, the performance or rendition of which would be in violation of any laws relating thereto. 18. MDDIKCATTCN: This writing is intended both as the final expression of the Agreement between the parties hereto with respect to the included terns and as a complete and exclusive statement of the teras of the Agreement, pursuant to California Code of Civil Procedures Section 1856 or its successor(s) . No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 10 — 19. No1<ICFS: All notices and demands to be given tinder this Agreement by one party to another shall be given by certified or United States mail, • adder to tte party to be notified or upon whcm a demand is being made at the restive addresses set forth in this Agreement or such other place as either party nay, from time to time, designate in writing to the other party. Notice shall be decd to be effective on the day the notice is received by GREAT WMTERN or the AGENCY. If to GREAT 1 ES ERN CREAT WESgTRN BANK Deferred Compensation Depaztment P.O. Box 6350 Northridge, California 91328 If to AGENCY CITY OF ATASCADERO Administrative Services Dept . 6500 Palma Ave . Atascadero , CA 93422 (805 )461-5012 IN IffiMMSS WHEREOF, the parties hereto have executed this Agreement effective on the date f irst alove written. ' AC�ENCY GREAT WFS ER4 BY 'IPFASCJRFM: By. PA C BY FINANCE DIRECTOR: DATE SIGNED: � 90 DATE SIGNED: _ u _ SCf-ID7CJLE 1 • Pursuant to Section 6 of this Agreement, other investment vehicles available under this Agreement are as foll,:Y.ws: Az=, CAN W, 1UAL FUNM Investmerit Ccny of America (ICA) Givwth Fund of Arerica (GFA) Band Fund of America (BFA) Ire.:c e Fund of America (IFA) Ti4II�iYiF1H C�l'IURY . INC. Select Fund Growth Fund Ultra Fund Balanced Fund FIDELI'TY Fidelity Magellan Fidelity Equity-Lxnm Fidelity Freeckn Fidelity Puritan GREAT WESTERN STEMA 'IFd1S'I' FUNLLS Global Money Market Fund U.S. Goverrmment, Money Market Fund Growth arra Inco me Fund U.S. Goverment, Securities Fund ST4TE6/G MEIROPOLTrAN - ANNU7Lfi1F5 Single Premium Immediate Annuity OPTION (GIC) - 12 - GREAT WESTERN BANK A Federal Savings Bank 5090 North Fruit Avenue • Suite 101 Fresno, California 93711 March 27 , 1991 Alicia Lara CITY OF ATASCADERO 6500 Palma Avenue Atascaderc, CA 93422 RE: CITY OF ATASCADERO DEFERRED COMPENSATION PLAN Dear Alicia: Thank you for calling me today to arrange a meeting to begin employee participation in the above plan. As we discussed , please find enclosed a copy of the Deferred Compensation Plan Agreement signed by Mark Jcsenh in June 1990 . Please note page 1 , item number 1 regarding term of contract : five years . Please note also the back page , Schedule 1 , where additional investment vehicles are listed. We assume all investment options will be included by the City unless you instruct-. us otherwise . Should anything included in the Agreement create questions for you , then please call me at 541-0534 at your earliest convenience. I am looking forward to working -ith you. Sincerely , e Klassen eferred Compensation Regional Representative Enclosure cc : Dick Gedymin, Vice President , Regional Manager Roy Leff, Vice President , Assistant Director, Deferred Compensation • REPORT TO CITY COUNCIL Agenda Item: B-9 CITY OF ATASCADERO Through : Ray Windsor , City Manager Meeting Date: 5/ 14/91 From: Mark Joseph , Administrative Services Director 'T7- SUBJECT: Adopting a Citywide Safety Program RECOMMENDATION: Staff recommends Council adopt Resolution No . 37-91 , establishing a Citywide Safety Program. BACKGROUND/ANALYSIS Senate Bill 198 was passed in 1990, requiring every employer , public and private , to establish and maintain an effective written Injury Prevention Program ( I .P .P. ) . These programs must be in place by July 1 , 1991 . In response , staff established a Safety Committee, with representatives from all work sites and most of the bargaining units . Out of the committee meetings that followed , the attached resolution was crated . The resolution sets forth the broad outline for the City ' s Safety program . With Council ' s support of the resolution, specific guidelines and procedures will be �,jritten to implement the program. Responsibility for enforcing the program will rest with Management and Supervisory staff , with support coming from the Safety Committee . Employees are nonetheless responsible for acting in a safe and efficient manner , and , pursuant to SB 198, could be subject to disciplinary action to assure compliance with safety rules . RESOLUTION NO. 37-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING A SAFETY PROGRAM FOR THE CITY OF ATASCADERO WHEREAS , Safety is a critical consideration in all City operations; and WHEREAS, State Legislation, referred to as SB 198 , requires each employer to adopt and maintain effective safety programs, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero , Section 1 . That it is the City ' s policy to conduct all of its operations , either by its own forces or by those contracted , as safely and efficiently as possible; Section 2 . To accomplish this , the responsibility, authority and accountability , For all safety matters is assigned to all . management and supervisory personnel within their individual area of operation; Section 3. The Director of Administrative Services is hereby appointed as the City ' s Safety Coordinator . It will be his/her responsibility to administer the City ' s safety efforts and coordinate these efforts with all departments to ensure safety standards are met throughout the City ' s operations. Section 4 . A Citvwide Safety Committee is hereby established to review accidents and facilitate safety training , safety inspections and recommend safety procedures, products or practices to the various City departments or the Safety Coordinator . Section S. In addition to the above, it is still each employee ' s responsibility to perform his/her job in a safe and efficient manner , as well as to inform his/her supervisor of any unsafe equipment or working conditions . On motion by Councilperson , and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety , by the following Roll Call Vote: AYES : NOES : ABSENT: REPORT TO CITY COUNCIL Agenda Item: B-10 is CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 5/14/91 From: Greg Luke, Director of Public Works SUBJECT: Fire Station No. 1 Parking Lot Reconstruction - Change Order No. 1 RECOMMENDATION• Approve Change Order No. 1. DISCUSSION• After removal of the existing surface material (asphalt and concrete) , the contractor encountered extensive areas unsuitable (water saturated silty soil) material. If we were to place the designed structural section (0.2' asphalt concrete over 0.95' aggregate base) over this unsuitable material it would cause the newly placed asphalt and base to fail (crack and subside) within a short period of time. The parking area and driveway are primarily used by heavy Fire Department equipment. It is recommended that we remove the unsuitable material and import suitable base material to provide a proper foundation for the parking area and associated driveway. Based on field measurements, I estimate the additional work will increase the contract amount by $17, 500. 00 FISCAL IMPACT• There are sufficient funds available in the current fiscal budget to accommodate this contract increase. REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 Through: Ray Windsor, City Nanager Mtg. Date: 5/14/91 From: Henry Engen, Community Dev. Dir. P6 File No: CUP 01-91 SUBJECT: Appeal by Walter Togni (Sake Reindersma, agent) of certain condi- tions for Conditional Use Permit 01-91 concerning a request for the expansion of "The Card Parlour" into the adjacent tenant space to the north at 5950 E1 Camino Real. RECONNENDATION: Deny the appeal and uphold the Planning Commission' s Findings and . Conditions of Approval. ALTERNATIVE: Deny the appeal and direct staff to bring back Findings for Denial of the use permit. BACKGROUND: On April 2 , 1991 , the Atascadero Planning Commission conducted a public hearing on the above subject matter and on a 4: 3 vote, approved the use permit subject to the Findings and revised Conditions of Approval (attached) . There was considerable discussion and public testimony as reflected in the attached minutes excerpt. HE:ps Attachments : Applicant' s letter of appeal received 4/16/91 Staff Report - 4/2/91 Revised Conditions of Approval - 4/2/91 Minutes Excerpt - 4/2/91 cc: Walter Togni Sake Reindersma YH f 1v�' (O f� Financial Guidance Service r r 578 Spring Street • Santa Barbara Plaza l� Paso Robles, California 93446 CITY) MCIR. Oke, 0 0 .00OV/ -00� • ADD o� i ,�3d reinarch March 14, 1991 City of Atascadero Planning Department 6500 Palma Atascadero, CA 93422 Attn: Gary Kaiser APR 1 F 1?3i Assistant Planner ' Re: Conditional Use Permit 01-91 , Appeal C(�i'�I�luNiiY JLVcLtif iri��;i 5950 EI Camino Real Mr. Walter Togni (Owner) Gary: This letter is to appeal the conditions set by the Planning Commission held April 2, 1991 to the City Council on Conditional Use Permit 01-91 (Walter Togni - Owner). The grounds for our appeal are as follows: Condition: 4 We will comply with the signage request to reduce the amount of square footage of the "Atascadero Card Parlour" sign. But, I'd like to point out that the existing amount of square footage of exterior signage for the building was not modified. "Bare Essentials" (retail dance wear) signage was painted over not increased in size. Condition: 5 The request to have the sign designed by a professional graphics designer is an unfair hardship on the owner. Not many of the other exterior signs in the area were done by a professional graphics designer; and it is a vague term at best. We will be willing to show the sign to the planning staff prior to installation and work with them on its finished design. But we do not feel it is necessary for us to be required to go to a professional graphics designer. � z g� • rainarch Condition: 6 We will would like to see the allowed time for the card parlour to open for business changed to: Open to the public 5:00 pm to 7:00 am daily except Saturdays and Sundays open to the public 2:00 pm to 7:00 am. The owner needs the additional hours for the players to accumulate, get acquainted, get playing chips, and set up business before playing begins. The additional time also adds needed economic gains during those hours. We are willing to work with the City Council if they wish to discuss the time change request. Condition: 7 The accessory storage building in no way can be removed from the site. It is used for the storage of beer and other items for use in the adjacent bar and would be detrimental to the business. There is no other space in the building or on the site for the storage of the items used in the bar. It can not be made smaller and then also add two additional parking spaces the site isn't large enough. I'm not quite sure what the Planning Commission expects us to do to resolve this dilemma, but as it is stated now we can not comply. Any City Council suggestions would be appreciated to resolve this main matter. Ccndition: 8 We will be happy to work with the staff on redesigning of the trash enclosure location and parking. But we will not be able to place another two spaces (Total of seven) on the site. Because of the problem stated in condition 7. Rather we would like to request for two off-site leased spaces per the city's requirements to resolve this condition. Condition 13 We will be willing to make the trash enclosure of 2x4 @ 16" o.c. wood construction coated in stucco, color to match the existing building. The cinder block construction is an undue hardship on the owner, no other trash enclosures are constructed in the is manner in this alley way. And the stucco/wood trash enclosure will be durable enough to wheel a bin in and out from. All the other conditions we will comply with. Sin r ake Rein ersma, AIA President, Reinarch Inc., an architectural corporation w CITY OF ATASCADERO Item: B _ 3 STAFF REPORT FOR: Planning Commission Meeting Date: April 2, 1991 BY: Gary V. Kaiser, Assistant Planner File No: CUP #01-91 SUBJECT: Consideration of a conditional use permit application to expand "The Card Parlour" into the adjacent tenant space to the north. The application includes a request to establish signage in excess of that allowed under the Downtown Master Plan and Zoning Ordinance, in addition to a modification of the parking requirements contained within said documents. RECOIrQENDAT I ON: Staff recommends approval of Conditional Use Permit #01-91, based on the Findings contained in Exhibit D, and subject to the Conditions of Approval contained in Exhibit E. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Walter Togni 2.. Representative. . . . . . . . . . . . . . .Reinarch, Inc. 3. Project Address. . . . . . . . . . . . . .5950 E1 Camino Real 4 . Legal Description. . . . . . . . . . . .Ptn. Lot 1, Blk GB, A.C. 5 . Site Area. . . . . . . . . . . . . . . . . . . . 0. 14 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . . (DC) Downtown Commercial 7. General Plan Designation. . . . .Downtown Commercial 8. Existing Use. . . . . . . . . . . . . . . . .Card Parlour/Vacant 9. Environmental Status. . . . . . . . .Exempt - Class 1 B. ANALYSIS• The applicant proposes to expand his card room into the adjacent tenant space, which was formerly occupied by a retail clothing establishment ( "Bare Essentials" ) . The proposed expansion would more than double the size of the card room. The subject conditional use permit application also includes a substantial modification of the parking requirements and sign regulations contained in the Zoning Ordinance and Downtown Master Plan. As might be expected, the formulation of staff ' s opinion regarding the merits of this project focusses on the matters of parking and signage. The Project Site The project is located on the southwest side of E1 Camino Real, approximately fifty feet northwest of its junction with Traffic Way. The card room currently occupies one of four tenant spaces within an existing two-story building. Other tenants in the building include "The Rogue' s Den" and the "American Dance Studio" (upstairs) . The fourth tenant space is currently vacant and is the area into which the card room proposes to expand (Exhibit B) . The footprint of the building is approximately 3, 100 square feet (50' X 62 ' ) , and is constructed with no front or side property line setbacks. There is an existing building on the rear portion of the +/- 6, 300 square foot lot, which is used for accessory storage and is connected to the main building by a breezeway. The remaining portion of the lot is paved and contains five (5) parking spaces, none of which are designated as handicapped spaces. Between the project site and the Highway 101 right-of- way is an alley, which contains several undelegated parking spaces. Parking - Spaces Required Revised parking requirements for the Downtown area are set forth in the Downtown Master Plan (Chapter 4) and its implementing zoning. As noted above, the subject site is located within the DC (Downtown Commercial) zone. The specific parking requirements for this zone, found in Section 9-3.276 of the Zoning Ordinance, are as follows: 1. The parking requirements for uses located in this zone shall be as required in Table 1 of the Downtown Master Plan. 2. For existing buildings, only the parking needed for additions thereto, or for changes in occupancy which increase parking relative to the prior use, shall be required. The revised parking requirement (Table 1) for the prior use of the vacant tenant space, defined as "general merchandising" , is one space per each 300 square feet of gross floor area. The vacant tenant space has a gross floor area of 1, 145 square feet. Thus, the prior use required 4 parking spaces ( 1, 145/300 ) . 2 • Table 1 specifies the parking requirement for certain uses, but refers to the "non-Downtown" parking requirements for other uses . Since Table 1 does not include specific parking requirements for recreational uses such as card rooms, the required number of parking spaces is determined by Section 9-4 . 118 of the Zoning Ordinance (notwithstanding the provisions of the DC zone, however) . Pursuant to said Section 9-4. 118, the parking requirement for the card room is one space per 100 square feet of gross floor area. Thus, the parking requirement for use of the vacant tenant space as a card room is 11 spaces ( 1, 145/100) . Pursuant to the language contained within the DC zone (above) , the applicant must only provide the additional number of parking spaces triggered by the change in occupancy. Hence, the applicant is responsible for providing 7 addition parking spaces ( 11 minus 4 ) . Implicit in all calculations of the number of required parking spaces is the mandatory provision of one handicapped parking space per every 40 spaces required, or fraction thereof (Zoning Ordinance Section 9-4 . 115(c) ) . Handicapped spaces may be included in the total number of spaces required, and need not be provided in addition to the required number of spaces. Therefore, under applicable portions of the City' s General Plan and Zoning Ordinance, the applicant would be responsible for providing a total of 7 additional parking spaces, one of which is a handicapped space. Parking - SQaces Provided As stated above, there are presently five (5) parking spaces available on the project site. The applicant proposes to convert one of these existing spaces to a handicapped space, but proposes the creation of no additional parking spaces. Rather, the applicant holds that ample parking is presently available in the parking lot located immediately north of Atascadero Market and in the alley behind .the project site. There is a provision in the Zoning Ordinance for a reduction in the number of parking spaces for shared peak hour parking, as follows: " . . .where two or more uses have distinct and differing peak traffic usage periods ( for example, a theatre and a bank) , the required number of parking spaces may be reduced through Conditional Use Permit approval, provided that the parking lots of each use are located within 300 feet of each other (as measured along the most direct pedestrian path) . The amount of reduction may be up to 75 percent of the amount of spaces required for the most intensive of the two or more uses sharing the parking. " (Section 9-4. 115(g) ) 3 All uses currently utilizingthe aforementioned entioned parking lot adjacent to Atascadero Market clearly have distinct and differing peak traffic demands than would the card room (this is ensured by condition of approval #6, which limits the hours of operation of the card room) . Said parking lot is also located within 300 feet of the subject card room. Moreover, better utilization of existing parking lots is encouraged in the Downtown Master Plan. A letter has been received by the Planning Division from Mr. Irwin Manning, owner of the Atascadero Market and the parking lot located immediately north of said market. The letter authorizes the applicant, and/or his tenant who operates the card room, Mr. Swanson, to use the parking lot adjacent to the Atascadero Market after 9:00 pm daily (after the businesses currently using the parking lot have closed their doors for the evening) . However, the letter goes on to state that this offer is only to remain in effect until such time as Mr. Manning, or any of his future tenants, needs the spaces to satisfy their parking needs. In staff' s opinion, the conversion of one of the existing parking spaces to a handicapped space would indeed satisfy the requirement for handicapped parking. Staff feels, considering the letter from Mr. Manning and the presence of several parking spaces in the alley, that the proposed expansion of the card room would not result in any immediate parking problem. The letter , from Mr. Manning, however, is clearly not sufficient to ensure available parking for the card room in the future. Moreover, no assurance whatsoever has been presented that the parking spaces in the alley will be available to the applicant in the future. Staff recommends that the full 75 percent reduction in the number of additional parking spaces required be granted. This would reduce the number of additional parking spaces required for this project to 2 (7 X 0.25 ) . Staff believes that, with the removal of the accessory storage building and breezeway, the parking lot behind the card room can be redesigned to provide at least 2 additional spaces. Staff is therefore offering a creative, and in staff ' s opinion feasible, solution to this parking dilemma, as expressed in the attached conditions of approval (Exhibit E) . Note that the conditions require the development of the highest number of on-site parking spaces possible, but at least the required two (2) spaces. Signage The existing sign regulations (Section 9-4 . 132 of the Zoning Ordinance) apply in the downtown area, with certain exceptions found in Appendix B of the Downtown Master Plan. The exceptions contained within Appendix B of the Downtown Master Plan that directly apply with respect to the application currently under consideration are as follows: 4 • - The total signage per downtown business is limited t one ( 1) square foot of signage o street frontage. Per lineal foot of Window signs, although not counted as part of the total signage allowed per business, are limited to twenty (20) percent of the store ' s window area. Each business within the Downtown area is allowed a projecting sign in addition to a primary sign. If the projection is two-sided, its area must be calculated for each side of the sign, and the total area must fall within the total allowable sign area for the business. Projecting signs may extend three ( 3 ) feet into the public right-of-way and must maintain a minimum vertical clearance of eight (8) feet. All signs are required to be designed by a professional graphic designer. The card room, after expansion, would have a total lineal street frontage of thirty (30) feet. Thus, the maximum total area of signage allowed for the card room, not counting any window signs, would be thirty ( 30) square feet. The applicants are requesting approval of a forty (40) square foot wall sign, plus an eight ( 8) square foot ( 1 ' X 4 ' X 2 ) projecting sign. Staff feels that a wall sign of this size would be excessive and unnecessary for the use proposed. On the other hand, staff can support the applicant' s request for the projecting sign, provided it does not cause the total signage for the subject business to exceed thirty ( 30) square feet. That is, any wall sign at this location, given the above projecting sign, should not exceed twenty-two (22 ) square feet in area (30 minus 8) . The Downtown Master Plan makes explicit its intent to "stimulate creative, good quality signing which will complement the intimate scale and architectural character of the area (Appendix B, page 3 ) . " Thus, to implement this policy, we find the above requirement that all signs be designed by a professional graphic designer. The proposed wall sign, in addition to being excessively large, is not particularly attractive and was probably not designed by a professional graphic designer. In addition to the oversized wall sign and projecting sign, the applicants propose a 6 .5 square foot (2 ' X 3.25 ' ) window sign in each of the two windows facing E1 Camino Real. The size of each window is 18 square feet (6 ' X 3 ' ) . As stated above, window signs may constitute no more than twenty (20 ) percent of the store ' s window area. Therefore, each window sign should be limited to 3. 6 square feet, or less in the case that the wall sign exceeds 23 square feet. 5 • Solid waste Collection The applicants are proposing a solid waste collection area, as shown on the site plan (Exhibit B) . The proposed collection area would be constructed of 1 ' X 6 ' redwood or cedar fencing, five (5) feet in height, and located in the extreme western corner of the project site. Staff feels that the perimeter of the proposed collection area, except the side where the gate would be located, should be constructed with a six-inch curb on top of which the proposed wooden fencing material should be situated. The intent of the curb is to prevent the solid waste container from bumping into the fence, causing the fence to deteriorate prematurely. In addition, staff feels that the proposed location of the solid waste collection area is inappropriate and would create a sight distance and maneuverability problem within the parking lot and adjacent alley. The attached conditions of approval, therefore, ensure the relocation of the collection area, with curbing, to a more suitable location on the site. The precise location of the collection area would be determined by staff upon review of the parking lot redesign plans. Review by Other Agencies Upon review of the project by the City Fire Department, several necessary conditions of approval have been recommended. These conditions are distinguished from all other conditions of approval for the convenience of the Planning Commission. CONCLUSIONS: In conclusion, staff feels that the proposed use, or expansion of use, is appropriate at this location. Staff must qualify this statement, however, by stressing the importance of the conditions of approval contained in Exhibit E. Of particular importance are those conditions which require redesign of the parking lot, reduction in the size and enhancement of the appearance of signage, and all Fire Department conditions imposed in the interest of human health and safety. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Floor Plan/Elevations Exhibit D - Findings for Approval Exhibit E - Conditions of Approval CUP-01-91.sr 6 CITY OF AT_ASCADERO • EXHIBI7 A C01�LtiIL�iT7Y 0Vti�LOFNIIYr Location Map ` DEQ CUP X01-91 v d � i ,t o, � ! ( FH oc 7-or4E E row � 4 AVE � • CITY OF ATASCADERO EXHIBIT B Site Plan C0NLtiiL'NM 0EVEL0FIN LEN 7 cup #01-91 D ERARTI►IENT EL CAMIINO REAL �"%//; i 4p 1 r, j ------------- U.S. HIGHWAY 101 i I i i SIT LA CITY OF ATASCAD ER0 EXHIBIT C • C01►LtijL'1,TI-y DEVELOPMEN7 Floor Plan/Elevations CUP 401-91 iLM E. ai itonq� � Il , µi •www./.I�f•py wr/�� - •• . � ^ I� � :I—Atascadero Card Parlour LNORTM ELEVATION l i zu is 1--J7 . J • � � L_ L§OUTM ELEVATION I EXHIBIT D - Findings for Approval Conditional Use Permit #01-91 5950 E1 Camino Real (Togni) April 2, 1991 ENVIRONMENTAL FINDING: The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) , under the Class 1 categorical exemption for minor alterations to existing structures. FINDINGS: 1. The proposed project, as conditioned, is consistent with the General Plan. 2 . The proposed project, as conditioned, satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation and conduct of the use will not, because of circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed project will not generate 'a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The characteristics of the proposed use and its immediate vicinity do not necessitate the number of parking spaces, type of design, and/or improvements required by this Title. 7 . The reduced parking will be adequate to accommodate the site and all parking needs generated by the proposed use. 8. The proposed project, as conditioned, is consistent with the City' s Appearance Review Guidelines. • EXHIBIT E - Conditions of Approval Conditional Use Permit #01-91 5950 E1 Camino Real (Togni) April 2, 1991 CONDITIONS OF APPROVAL: 1 . The project shall be in conformance with all conditions of approval contained herein, and all other codes and ordinances of the City of Atascadero. Any modification of the project, or this entitlement, shall be approved by the Community Development Department prior to implementing any such changes. 2 . A building permit shall be sought, secured and finalled for the interior alterations necessary to establish the use of the building and the placement of any signs requiring such a permit. All Uniform Fire Code and Uniform Building Code requirements shall be met to the satisfaction of the City Fire Marshall and City Building Official prior to the occupancy of the building. Such Uniform Fire Code requirements include, but may not be limited to: THE FOLLOWING SHALL BE ANNOTATED ON APPROVED PLANS: a. Provide an all purpose, dry chemical fire extinguisher with a minimum UL rating of 2A 1OBC. b. Mount the extinguisher in a central, readily visible and easily accessible location adjacent to the main exit from the building. C. Exit doors shall be operable from the inside without the use of a key or special knowledge or effort. Manually operated edge or surface mounted flushbolts and surface bolts are prohibited. d. The minimum flame spread classification of the interior wall and ceiling finish shall be Class III Tunnel Test 76-200. e. The trash and/or garbage receptacles within the building shall be of solid, all-metal construction, or approved non-metallic waste containers. If not emptied at the close of each business day, all such receptacles shall be tightly covered with solid all metal lids. f. Water heaters shall be equipped with an approved pressure relief valve. • g. If there is enclosed usable space under the stairs, the walls and soffits of the enclosed space shall be protected on the enclosed side as required for one hour fire resistant construction. h. The enclosed usable space with the stairway shall be equipped with automatic fire sprinklers as required by UBC 3802 (c) (4 ) . Plans and installations with proper permits and licenses shall be approved by the Atascadero Fire Department and all work done shall be in accordance with recognized standards. Sprinkler plans shall be submitted to the City of Atascadero Building Division. i. When exposed to probable vehicular damage due to proximity to alleys, driveways or parking areas, aboveground gas meters, regulators and piping shall be suitably protected. j . Provide and maintain identification of the main natural gas shutoff valve. k. Individual gas and electric service shall be marked for each unit. 1. Provide and maintain a minimum of three (3) feet unobstructed area in front of the main electric panel. M. Provide and maintain a readily visible, durable sign over the exit doors stating, "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS. " The signs shall be in letters not less than one ( 1) inch high on a contrasting background. n. Provide and maintain a sign which reads, "MAIN ELECTRIC PANEL" to be located on the main panel in the appropriate place. o. Provide and maintain numbers upon or adjacent to the building which clearly indicate the street address of said buildings. All numbers shall be placed upon a contrasting background, shall be uniform in height and width, and shall be at least five (5 ) inches in height and of corresponding width. THE FOLLOWING SHALL BE INCLUDED IN THE FINAL, AND ANY SUBSEQUENT, FIRE DEPARTMENT INSPECTIONS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELAY THIS INFORMATION TO THE BUILDING OCCUPANT p. All fire extinguisher must be serviced, sealed, and tagged by a state licensed agent at least once annually and/or immediately after each use, whichever occurs first. • q. Exit doors, exit signs, fire alarm sending stations, and fire extinguisher locations shall not be concealed or be obstructed by any decorative materials. r. Minimum clear aisles must be maintained throughout this facility. S. All electrical cords shall be intact; replace any frayed or damaged cords. t. All electrical appliances, tools, fixtures, etc. , are to be plugged directly into approved outlets without the use of extension cords and/or multiple adapters. U. Extension cord shall not be used as a substitute for the fixed wiring of a structure or building. Flexible cords shall be approved for use and purpose. V. Flammable liquids shall not be placed or stored in this facility except as provided in NFPA #30 and upon issuance of a permit from the Fire Department. W. Maintain every portion of the building in a neat orderly manner, free of any condition that would create a fire or life hazard or a condition which would add or contribute to the rapid spread of fire. 3. Prior to the final building inspection the applicant shall pay all additional sewer fees deemed applicable by the Public Works Department. 4. The total signage for the business, exclusive of any window signs, shall not exceed thirty (30) square feet. Window signs shall not be allowed to comprise more than twenty (20) percent of the window area on which the sign is placed. The area of any projecting signs shall be subtracted from the allowable area of any wall signs, and vice versa. 5. All signs shall be designed by a professional graphic designer. The applicant shall submit plans for any and all signs at this location to the Community Development Department for review and approval prior to their placement on the building. 6 . The subject card room shall not be open to the public before 7: 00 pm daily. 7 . The accessory storage building and connecting breezeway shall be removed from the site, pursuant to an approved building permit and in accordance with any conditions attached thereto. • 8. The applicant shall work with staff in the Planning Division to develop a feasible plan for the redesign of the parking lot. Said plan shall include a total of not less than seven (7 ) parking spaces (one of which is a handicapped parking space) , plus any redesign and/or relocation of the solid waste collection area deemed appropriate by Planning staff. The use authorized under this entitlement shall not be considered established until all parking lot improvements are completed. 9. This Conditional Use Permit shall be subject to reconsideration by the Planning Commission, and revocation if deemed necessary, if any conditions of approval contained herein cease to be complied with, or if the use becomes substantially different from that described in this application. 10. This Conditional Use Permit shall expire one ( 1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2. 114 of the Zoning Ordinance; or b. The project is completed, as defined in Section 9-2. 115 of the Zoning Ordinance; or C. An extension has been granted, as defined in Section 9- 2. 118 of the Zoning Ordinance; or d. A building moratorium is imposed on the project site. • EXHIBIT E - Conditions of Approval Conditional Use Permit #01-91 5950 E1 Camino Real (Togni - Expansion of Card Room) Revised per Planning Commission Mtg. of April 2, 1991 CONDITIONS OF APPROVAL: 1. The project shall be in conformance with all conditions of approval contained herein, and all other codes and ordinances of the City of Atascadero. Any modification of the project, or this entitlement, shall be approved by the Community Development Department prior to implementing any such changes. 2 . A building Permit shall be sought, secured, and a final inspection p approved for the interior alterations necessary to establish the use of the building and the placement of any signs requiring such a Permit. All Uniform Fire Code and Uniform Building Code requirements shall be met to the satisfaction of the City Fire Marshall and City Building Official prior to the occupancy of the building. Such Uniform Fire Code requirements include, but may not be limited to: THE FOLLOWING SHALL BE ANNOTATED ON APPROVED PLANS: a. Provide an all purpose, dry chemical fire extinguisher with a minimum UL rating of 2A 1OBC. b. Mount the extinguisher in a central, readily visible and easily accessible location adjacent to the main exit from the building. C. Exit doors shall be operable from the inside without the use of a key or special knowledge or effort. Manually operated edge or surface mounted flushbolts and surface bolts are prohibited. d. The minimum flame spread classification of the interior wall and ceiling finish shall be Class III Tunnel Test 76-200. e. The trash and/or garbage receptacles within the building shall be of solid, all-metal construction, or approved non-metallic waste containers. If not emptied at the close of each business day, all such receptacles shall be tightly covered with solid all metal lids . f. Water heaters shall be equipped with an approved pressure relief valve. • g. If there is enclosed usable space under the stairs, the walls and soffits of the enclosed space shall be protected on the enclosed side as required for one hour fire resistant construction. h. The enclosed usable space with the stairway shall be equipped with automatic fire sprinklers as required by UBC 3802 (c) (4 ) . Plans and installations with proper permits and licenses shall be approved by the Atascadero Fire Department and all work done shall be in accordance with recognized standards. Sprinkler plans shall be submitted to the City of Atascadero Building Division. i. When exposed to probable vehicular damage due to proximity to alleys, driveways or parking areas, aboveground gas meters, regulators and piping shall be suitably protected. j . Provide and maintain identification of the main natural gas shutoff valve. k. Individual gas and electric service shall be marked for each unit. 1. Provide and maintain a minimum of three (3 ) feet unobstructed area in front of the main electric panel . M. Provide and maintain a readily visible, durable sign over the exit doors stating, "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS. " The signs shall be in letters not less than one ( 1) inch high on a contrasting background. n. Provide and maintain a sign which reads, "MAIN ELECTRIC PANEL" to be located on the main panel in the appropriate place. o. Provide and maintain numbers upon or adjacent to the building which, clearly indicate the street address of said buildings. All numbers shall be placed upon a contrasting background, shall be uniform in height and width, and shall be at least five ( 5) inches in height and of corresponding width. THE FOLLOWING SHALL BE INCLUDED IN THE FINAL, AND ANY SUBSEQUENT, FIRE DEPARTMENT INSPECTIONS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELAY THIS INFORMATION TO THE BUILDING OCCUPANT p. All fire extinguisher must be serviced, sealed, and tagged by a state licensed agent at least once annually and/or immediately after each use, whichever occurs first. q. Exit doors, exit signs, fire alarm sending stations, and fire extinguisher locations shall not be concealed or be obstructed by any decorative materials. r. Minimum clear aisles must be maintained throughout this facility. S. All electrical cords shall be intact; replace any frayed or damaged cords. t. All electrical appliances, tools, fixtures, etc. , are to be plugged directly into approved outlets without the use of extension cords and/or multiple adapters. U. Extension cord shall not be used as a substitute for the fixed wiring of a structure or building. Flexible cords shall be approved for use and purpose. V. Flammable liquids shall not be placed or stored in this facility except as provided in NFPA #30 and upon issuance of a permit from the Fire Department. W. Maintain every portion of the building in a neat orderly manner, free of any condition that would create a fire or life hazard or a condition which would add or ' contribute to the rapid spread of fire. 3. Prior to the final building inspection the applicant shall pay all additional sewer fees deemed applicable by the Public Works Department. 4. The total signage for the business, exclusive of any window signs, shall not exceed thirty ( 30) square feet. Window signs shall not be allowed to comprise more than twenty (20) percent of the window area on which the sign is placed. The area of any projecting signs shall be subtracted from the allowable area of any wall signs, and vice versa. 5. All signs shall be designed by a professional graphic designer. The applicant shall submit plans for any and all signs at this location to the Community Development Department for review and approval prior to their placement on the building. 6. The subject card room shall be closed to the public between the hours of 7 : 00 am through 7: 00 pm daily. On Sundays, however, the card room shall only be closed between the hours of 7: 00 am through 2 : 00 pm. 7 . The accessory storage building and connecting breezeway shall be removed from the site, pursuant to an approved building permit and in accordance with any conditions attached thereto. 8. The applicant shall work with staff in the Planning Division to develop a feasible plan for the redesign of the parking lot. Said plan shall include a total of not less than seven ( 7 ) parking spaces (one of which is a handicapped parking space) , plus any redesign and/or relocation of the solid waste collection area deemed appropriate by Planning staff. The use authorized under this entitlement shall not be considered established until all parking lot improvements are completed. 9. This Conditional Use Permit shall be subject to reconsideration by the Planning Commission, and revocation if deemed necessary, if any conditions of approval contained herein cease to be complied with, or if the use becomes substantially different from that described in this application. 10. This Conditional Use Permit shall expire one ( 1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2. 114 of the Zoning Ordinance; or b. The project is completed, as defined in Section 9-2. 115 of the Zoning Ordinance; or C. An extension has been granted, as defined in Section 9- 2. 118 of the Zoning Ordinance; or d. A building moratorium is imposed on the project site. 11. All applicable exiting requirements of the Uniform Building Code and Uniform Fire Code shall be complied with. 12. The applicant shall submit a complete building permit application, as described in Condition #2 above, to the Community Development Department within sixty (60) days of the effective date of this approval. Said building permit shall be issued within one-hundred eighty ( 180) days of its submittal, and shall not be allowed to expire. 13. The solid waste collection area shall be constructed of cinder blocks or slump stone, and shall be painted to match the main building. PC 4/2 /91 MINUTE EXCERPTS PAGE THREE public safety agencies were concerned with havi a unique name for each of these "San Rafael" steet name . Chairperson Luna and Commissioner Lochrid concurred with the proposed road names staff has suggest Commissioner Lochridge expressed oncern with the possibility of a liability problem (sin the City has identified the problem only to delay it more days) . He added he could support a 30 day delay t no more. MOTION: By Co sioner Lochridge, seconded by Commissioner John and carried 7:0 to continue the hearing on R Name Change 01-91. After rther discussion it was noted that Mr. Washburn would be e spokesperson for the neighbors, and could pass this formation on to - the o cul-de-sac cul de sac residents. Mr. Decamp emphasized that the proposed name changes need to be submitted within 15 days . 3. CONDITIONAL USE PERMIT 01-91: • Application filed by Walter Togni for the expansion of "The Card Parlour" into the adjacent tenant space to the north. Subject site is located at 5950 E1 Camino Real. Mr. Kaiser presented the staff report noting the application includes a substantial modification of the parking regulations as well as the sign limitations of the downtown area plan. Staff is recommending approval of the use permit subject to 10 conditions. Commission questions and discussion followed. In referencing the new Downtown Master Plan, Commissioner Waage asked if the card parlour would be an allowable or conditional use. Mr. Kaiser responded that this use would be under "amusement services" and is conditionally allowed in the DC Zone. In response to inquiry, Mr. DeCamp noted that the only revenue the City would receive would be from business license fees. Commissioner Johnson observed that the exit doors swing in. Mr. DeCamp pointed out that these issues would be resolved through the building permit process since a building permit will be required for the interior alterations. In answering Commissioner Kudlac ' s query, Mr. DeCamp noted that the expanded use has already been established and the Commission' s review of the use permit is a result of enforcement action. PAGE FOUR PC 4/2/91 MINUTE EXCERPTS Discussion ensued relative to operating hours of adjacent uses (karate studio, dance studio, market) in conjunction with the card parlour and how the parking would be affected. In response to question, Mr. DeCamp noted that various retail uses have occupied the tenant space proposed for the expan- sion. Discussion followed. - Public Testimony - Sake Reindersma, architect representing the applicant, commended Mr. Kaiser for a good staff report. He asked for an exception to Condition #2-h as this would represent a hardship to the owner. He felt that the required one-hour construction exempts this requirement in other cities; the requirement for sprinklers in this case is excessive. With regard to Condition #4 , Mr. Reindersma noted that the signage area is the same as when the space was occupied by Bare Essentials . He suggested removing the requirement on the window signage so he could use the 20% of the window area • allowed and apply it to the large sign above. He voiced objection to Condition #5 (signs being designed by a professional graphic designer) . With regard to #6 , Mr. Reindersma requested that the opening time be 5: 00 p.m. adding that most of the businesses in this area seem to close around this time. He added that the peak hour for the card room is between 10 : 00 and 11 : 00 p.m. Mr. Reindersma expressed strong objection to #7 emphasizing that the applicant will not be able to meet this condition. The storage area is exclusively used by Rogue ' s Den and removal would present a great burden to the applicant. He added that the parking lot has been restriped and shifted so that the trash enclosures are in a more accessible spot for pickup. As well, a handicapped space has been provided along with an exit alleyway for the stairway. In addressing the parking issue, Mr. Reindersma referenced the other uses in the building with regard to their designated parking and noted that it is unfair that the applicant has to provide two additional spaces as far as leasing goes when the other tenants did not. He added that there is parking in the rear that is not designated for anybody and was recently acquired by the City. Perhaps, the applicant could lease two spaces from the City. In addressing the Commission' s comments concerning revenue, Mr. Reindersma stated that the Card Room pays $150 a year for each table (5) (total $750/year) plus business tax. PAGE FIVE PC 4/2/91 MINUTE EXCERPTS • Commissioner Lochridge stated he would have a difficult time in supporting the use permit at that location based on what he has seen happen in that geographical area. He expressed his feeling that the adjacent uses get much busier around 5 : 00 p.m. than any other time and he would be opposed to any earlier starting time than 7 : 00 p.m. In response to question, Mr. Reindersma explained that there is seating for between 5 and 7 at each table; however, there usually are no more than two full tables on a given evening. He mentioned that the tenant holds Sunday tournaments at 3 : 45 p.m. and requested the following operation hours : 7 : 00 p.m. Monday through Thursday; 6 : 00 p.m. on Friday; and 2 : 00 p.m. on Saturdays and Sunday. Discussion followed. Commissioner Johnson observed that even with two full tables , this is a total of 14 people, and asked why the applicant is against providing the two additional parking spaces onsite. Mr. Reindersma stated it is an undue hardship on the tenant because the other uses probably did not have to provide additional parking. He added that in the downtown core, it is more of the City' s responsibility to mitigate the parking. Commissioner Waage asked why the expansion was accomplished without obtaining permits . Walter Togni, applicant, stated that he did not know he needed a permit. He commented that he is quite sure that no more than two tables would be occupied at a given time (with the exception of tournaments) . He explained that the space was expanded to provide a lounge area for the players. In response to question, Mr. Togni noted that he has applied for and purchased a liquor license that will serve the customers of the card room. Chairperson Luna asked if the accessory storage building is required to be removed, are there any other alternatives. Mr. Togni emphasized that there are no other alternatives and if the storage area is removed, the bar will ultimately close down. - End of public testimony - Commissioner Kudlac inquired if there are any other options in providing the two parking spaces without removing the accessory storage. Mr. DeCamp replied that the location of the trash enclosure has been a site problem as well. The storage shed is not attractive; therefore, if something were to be sacrificed to provide adequate parking and relocating the trash enclosure, the accessory building should be removed. PAGE SIX PC 4/2 /91 MINUTE EXCERPTS It was pointed out that the Rogue ' s Den and Card Parlour are connected within. Commissioner Waage referenced the Downtown Master Plan in that this use is not in the plan even though it was previously established. He expressed objection to the expansion noting the need for additional retail commercial businesses . He voiced his feeling that the card room does not help the viability of the downtown area. Commissioner Highland pointed out that parking has to be. provided regardless of what uses are there. He asked what the parking area along the rear fence abutting the freeway is designated for. Mr. DeCamp responded that this is City property and at this time, it is used as informal parking since there is no established formal parking. He added that in an effort to accommodate the applicant, the 75% parking reduction has been recommended and staff has taken into account parking that occurs in the alleyway. Commissioner Highland further stated that he would agree that the accessory building is essential storage space; however, he concurs with the need for providing two additional parking spaces . The dilemma appears to be how the parking can be provided without removing the storage building. He indicated support for the requirement for a professional graphics designer adding that the existing sign is one of the ugliest signs he has ever seen. With regard to opening hours , Commissioner Highland commented that an exception could be made for earlier opening on Sunday but the 7 : 00 p.m. opening time during the week would be the least disruptive. Discussion ensued concerning exiting requirements conforming to the Uniform Building Code and Uniform Fire Code. Mr. DeCamp stated that a condition should be imposed to insure that the exiting conform to applicable code requirements . Commissioner Highland noted he would have a problem with eliminating the accessory building because it is essential for an already established use. Commissioner Hanauer remarked that he had problems with Mr. Reindersma' s testimony, and added that the fact Mr. Reindersma is doing business in San Luis Obispo where some parking monstrosities have been built does not mean that every City is required to take care of its parking problems in the same manner. The prior retail use and its parking situation is different than the card room' s parking. He also noted opposition to an earlier starting time. PAGE SEVEN PC 4/2/91 MINUTE EXCERPTS • Chairperson Luna asked staff' s position to the applicant' s request to eliminate Condition #2h (sprinkler requirements) . Mr. Decamp responded that this condition must be required but could be appealed to the Construction Board of Appeals by the applicant. Commissioner Johnson relayed an instance where several businesses burned down in Solvang as a result of a fire staring under a stairwell in back of the businesses that was not sprinklered. In responding to Condition #4 (signage) , Mr. DeCamp explained that the Downtown Master Plan provides signage opportunities that are unavailable anywhere else in Atascadero. He added it would be unfortunate for the first project under the new downtown zoning to deviate so substantially from the sign standards that have just been established. With regard to Condition #5 (professional graphic designer) , Mr. DeCamp stated that the existing sign speaks for the necessity of this condition. Discussion focused on establishment of reasonable operating hours for the card room. The Commission' s general consensus was to keep the opening time at 7 : 00 p.m. • Chairperson Luna asked if there is any way of working with the applicant to do something about the storage building and provide the required parking as well. Mr. DeCamp pointed out that it does not appear feasible at this time that additional parking spaces can be obtained given the existence of the storage building and location of the trash enclosure. He added that there are probably ways to design a storage building that would meet the needs of the Rogue ' s Den and provide parking too. Commissioner Johnson spoke against any increase in signage and noted his concurrence with Conditions #4 and #5 as presented. He expressed his feeling that with regard to removal of the storage building, the applicant has a viable business which would not be hurt too much if the rear portion of the site were to be redesigned with a more appealing storage building that would not present an eyesore. With respect to thearkin situation, Commission Johnson P g emphasized that h P e is reluctant to agree with the 75% parking reduction and would like to see more than just two additional spaces , adding that this building contains high intensity uses. Commissioner Kudlac inquired what the surrounding businesses closing hours are on Saturdays. Mr. DeCamp pointed out that the retail uses in this area on a Saturday are probably more intense than during the week. Commissioner Kudlac suggested that cinderblock or slumpstone be used in place of wood fencing for the trash enclosure, and i PAGE EIGHT PC 4/2/91 MINUTE EXCERPTS supported the proposal for an additional condition to insure that all existing requirements of the UBC and UFC be adhered to. Commissioner Lochridge concurred with Commissioner Waage in that this use is not what the Downtown Plan envisioned. He noted he could not support the project as he could not support Finding #3. He further stated that this use is not compatible with the other uses in the building. Chairperson Luna noted his concurrence with a Sunday starting time of 2 : 00 p.m. and agreed that the accessory building should be removed. He added that when push comes to shove, a lot of things can be done that initially were stated as impossible to comply with. MOTION: By Commissioner Johnson and seconded by Chairperson Luna to approve Conditional Use Permit 01-91 based on the Findings and subject to the Conditions of Approval with the following modifications: • Modification to Condition #6 that the card room will not be open to the public before 7 : 00 p.m. except Sunday at which time can open at 2: 00 p.m. and the addition of Condition #11 to read: '11. All applicable exiting requirements of the Uniform Building Code and Uniform Fire Code shall be complied with. ' Commissioner Waage inquired as to when the card room closes. Mr. Togni stated there is not a standard closing time. Mr. DeCamp suggested that perhaps a 7 : 00 a.m. closing time would be in order to allow adequate time for the downtown to clear again prior to the influx of retail shoppers . Commissioner Johnson accepted this as a friendly amendment. Chairperson Luna seconded the amendment for Condition #6 to read: 6. The subject card room shall be closed to the public between the hours of 7:00 am through 7:00 pm daily. On Sundays, however, the card room shall only be closed between the hours of 7:00 am through 2:00 pm. ' Mr. Decamp pointed out that a unique situation is present in that the applicant has already proceeded to open and operate the business at this point. With approval of the use permit, there is little or no incentive for him to comply with the requirements of the compliance survey and building permits. He suggested a 12th condition concerning timing factors for PAGE NINE PC 4/2/91 MINUTE EXCERPTS obtaining building permits and doing the work. Commissioner Johnson accepted this as a friendly amendment. Chairperson Luna seconded the amendment to add Condition #12 to read: '12. The applicant shall submit a complete building permit application, as described in Condition #2 above, to the Community Development Depart- ment within sixty (60) days of the effective date of this approval. Said building permit shall be issued within one-hundred eighty (180) days of its submittal, and shall not be allowed to expire. " Commissioner Kudlac pointed out the need for a condition to require that fencing of the trash enclosure either be cinder block or slump stone. Commissioner Johnson accepted this as a friendly amendment. Chairperson Luna seconded the amendment to add Condition #13 to read: i 13. The solid waste collection area shall be con- structed of cinder blocks or slump stone, and shall be painted to match the main building. ' The motion carried 4:3 with the following roll call vote: AYES: Commissioners Johnson, Kudlac, Highland, and Chairperson Luna NOES: Commissioners Hanauer, Lochridge, and Waage C. INDIVIDUAL COMMENT 1. Planning Commission There was nothing to report. 2. City Planner There was nothing to r ort. The meeting adjourned 9 : 15 P.M. MINUTES RECORDED B . PATRICIA SHEPPHARD, Administrative Secretary MINUTES APP ED BY: STEVEN L. DECAMP, City Planner REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-2 Through: Ray Windsor, City Manager Mtg. Date: 5/14/91 From: Henry Engen, Comm. Dev. Director } File No: San Marcos Rd. Exten. SUBJECT• Continuance of consideration of proposed extension of San Marcos Road and its attendant tree removal and appeal by Joan O'Keefe of proposed mitigated Negative Declaration. REC018(ENDAT I ON: Return the original application to the applicant and advise that it is the City Council ' s intent for staff to require an Environmental Impact Report on any future submission. BACKGROUND: This matter was continued for an additional 90 days at the request of the applicant' s attorney, Glen R. Lewis, at the Council ' s meeting of February 26, 1991. Subsequent to the posting of the property for a mitigated Negative Declaration, the City Attorney opined on January 7, 1991 on the test that had to be met in determining whether an Environmental Impact Report should be prepared. In addition, on January 16, 1991, the Fire Chief recited a list of emergency service problems attendant to this request, which argued in favor of an Environmental Impact Report. The applicant has, through his representatives, indicated a willingness to submit a new road improvement plan responsive to the concerns expressed in the proposed mitigated Negative Declaration. The cleanest way to proceed with this proposed road extension would be to return materials submitted to date and await submission of a new application which should be subject to an Environmental Impact Report prepared by a detached third party, funded by the applicant, and administered by the City. The new application needs to address mitigating the grading that proceeded along the right-of-way should said right-of-way not be the ultimate alignment of San Marcos Road. HE:ps b , s u / i • T � LU �1 11 I � .. 11 \♦�/ L \\ p _ • t� 1, II `♦ �•F 11 r� # NOTE: THIS CORRESPONDENCE WAS RECEIVED SUBSE- QUENT TO AGENDA PREPARATION. GLEN A. LEWIS A PROFESSIONAL LAW CORPORATION 5855 CAPISTRANO AVENUE POST OFFICE BOX 1980 ATASCADERO,CALIFORNIA 93423 TELEPHONE (805) 466-6644 FAX (805) 466-6647 May 8, 1991 RECEIVED mAY 0 9 1991 Henry Engen Community Development Director City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 RE: APPEAL OF NEGATIVE DECLARATION-SAN MARCOS ROAD EXTENSION Dear Mr. Engen: On behalf of the Davis Family Trust, request is hereby made to withdraw the application made by the Davis Family Trust with regard to the San Marcos Road Extension. If you have any question with regard to this matter, please contact me. Thank you for your courtesy and cooperation with regard to this matter. Very truly yo s, GL R WIS JV GRL:rg DAVIBE/10021 qu °.IT;11f ED MAY 9- 1991 COMMUNITY DEVELOPMENT REPORT TO CITY COUNCIL Meeting Date: 5/14/91 CITY OF ATASCADERO Through: Ray Windsor, City Manager Agenda Item: D-2 From Lee Dayka, City Clerk SUBJECT: Appointment to the Building and Construction Board of Appeals. RECOMMENDATION: Interview the applicant, Michael Sherer, and if Council determines him to be a worthy candidate, adopt Resolution No. 39-91 appointing him to the Building and Construction Board of Appeals. BACKGROUND: The Building and Construction Board of Appeals was set forth by Ordinance No. 44 and specific appointments have been made by Resolution. • On March 14, 1991, I received a copy of a letter of resignation sent to David Grummitt, Chairman of the Building and Construction Board of Appeals. John Edens, Jr. , one of two General Contractor members on the Board, resigned his post effective April 15, 1991. His term was not due to expire until April of 1994 and another routine recruitment was not planned to be conducted until Spring of 1992 . On March 26, 1991, the City Council directed the City Clerk to recruit to fill the vacancy. Ads were placed in the Atascadero News and announcement of the vacancy was posted with the North County Contractors ' Association. One application was received, that of Mr. Michael Sherer who is a licensed General Building Contractor. Attachments: Ordinance No. 44 Application - Michael Sherer Resolution No. 39-91 QRDINANCE NO. 44 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTIONS 8.0.4. 230 AND 8. 04. 130 OF TITLE 8 OF THE ATASCADERO MUNICIPAL CODE RELATING TO BUILDINGS AND CONSTRUCTION AND ESTABLISHING A BOARD OF APPEALS The Council of the City of Atascadero ordains as follows: Section 1. Section 8. 04.120 and 8.04.130 of Title 8 of the Atascadero Municipal Code are amended to read as follows : Section 8. 04. 120. Board of appeals established. In order to conduct hearings to determine the suitability of al- ternate materials and methods of installation, (and to provide for rea- sonable interpretations of the provisions of this Code,) there is here- by established a Board of Appeals. The Board shall consist of five (5) members, two (2) of whom shall be general contractors, one (1) one whom shall be an architect or structural engineer , one (1) of whom shall be a specialty contractor , all of whom shall be qualified by experience and training, and one (1) of whom shall be a member of the public who is not one of the foregoing. Members of the Board of Appeals shall be appointed by and serve at the pleasure of the City Council. The Building Official of the City shall serve as secretary • ex-officio to the Board. In order to be eligible for appointment to the Board, the person shall live within the City. Terms of initial appointment shall be for a term of two (2) years for two (2) members , for a term of four (4) years for three (3) members with four (4) year terms for subsequent appointments . Each member of the Board shall be required to comply with the applicable provisions of the Political Reform Act of 1974 , California Government Code Section 81000, et seq. The .Board shall adopt reasonable ru18s and regulations , subject to approval and adoption by the City Council, for conducting its business which shall conform to the requirements of the Ralph M. Brown Act, California Government Code Section 54950 , et. seq. , and shall render all decisions and findings in writing with a copy to the appellant. Section 8. 04.130 . Appeal procedure. Any person aggrieved by a decision of the Planning Department re- lated to any manner within the purview of this title, shall have the right to appeal the decision. The appeal shall be filed with the Building official within fifteen (15) business day's after the render- ing of the decision affecting the aggrieved person. Grounds for the appeal shall be .set forth in writing. SECTION 4 . That Section 4 .11 of the Atascadero County Sanitation iDistrict Ordinance Code is hereby amended to read as follows : "4 . 11 When an entire lot to which connection is proposed has been charged only a 'rear area' rate under the Assessment District No. 1 assessment proceedings by virtue of its remote location from the proposed public sewers , 'then Section 4 . 10 shall not apply. The connection fee for said lot, or additional lots created from said lots by subsequent lot divisions, shall be two hundred fifty dollars ($250 . 00) for each connection, except that if public sewers are extended in the future in such a manner as to provide sewer service requiring substantially shorter building sewers, then the connection fee may be increased as provided in Section 4 . 13 . " SECTION 5 . That Sections 5. 1 (2) , (3) , and (4) of the Atascadero County Sanitation District Ordinance Code is hereby amended to reed as follows: (2) Reauestor shall submit improvement plans of the pro- posed extension, prepared by a Registered Civil Enginee in the State of California, for approval by the City • ( Engineer. C (3) The person requesting said extension shall execute are file a written agreement with the District whereby he agrees to complete all required improvements at his expense and to the satisfaction of the City Engineer, within the time period specified in the agreement. He further agrees to provide the City Engineer with a detailed cost breakdown of his actual expenditures for any improvements authorized in the agreement. The agreement shall also provide for inspection of all improvements by the City Engineer, or his designated representative, and reimbursement of the District, by the requestor, for the cost of the inspection. The District will invoice the requestor for such inspection- costs and any amount unpaid thirty (30) days from the date of the District' s invoice shall bear interest at ten (10) percent per year beginning from thirty (30) days after the date of the invoice. The improvements agreement may also provide (1) for the construction of the improvements in units, and (2) for an extension of the time under conditions therein specified. No extension of time shall be granted except upon certification by the City Engineer that such extension is justified, and upon approval by the Board of Directors . • i ' (4) No hookup to the public sewer will be permitted until all improvement work has been completed to the satin faction of the` City Engineer and all charges have b* paid by the requestor in accordance with the provision: of this Ordinance Code. SECTION 6. That Section 7. 2 of the Atascadero County Sanitation District Ordinance Code is hereby amended to read as follows : 7 . 2 The requirements for building sewers as set forth in the latest adopted versions of the Uniform Plumbing code shall apply in the District and are incorporated herein by reference. However, where the regulations of this Ordinance Code are more restrictive than said Plumbing Code, this Code shall apply. SECTION 7. That Section 7. 9 be added to the Atascadero County Sanitation District Ordinance Code to read as follows: 7. 9 Drainage piping serving fixtures located .at an elevation of less than one foot above the nearest upstream man- hole cover in the main sewer serving said fixtures shall drain by gravity into the main sewer, and shall be pro- tected from backflow of sewage by installing an approved type back water valve, and each such back water valve shall be installed only in that branch or section of t drainage system which receives the discharge from fixt located less than one foot above the nearest upstream manhole cover. SECTION 8 . That Section 8 . 1 of the Atascadero County Sanitation District Ordinance Code is hereby deleted. SECTION 9 . That Section 8 .2 (1) , (2) and (4) , of the Atascadero County Sanitation District Ordinance Code is hereby amended to read as follows: 8 . 2 (1) When an area is annexed to Improvement District No. 1, the requestor shall have an estimate of the cost of extending sewer lines and otherwise providing sewer service to the lots within said annexation prepared by a Civil Engineer registered in the State of California. Said estimate shall not include the cost of lateral sewers . This estimate and the proportiora share to be borne by each lot shall be furnished to the owners of the annexed property. (2) Recuestor shall submit improvement plans of the proposed extension, prepared by a Civil Engineer registered in the State of California, for approval by the City Engineer 9 (4) No hookup to the public sewer will be permitted t until all improvement work has been completed E to the satisfaction of the City Engineer and all charges have been paid by the requestor in accordance with the provisions of this Ordinance Code. Inspection costs shall be paid by the requestor as set forth in Section 5 . 1 (3) of this Ordinance Code. SECTION 10 . That Section 11 . 1 of the Atascadero County Sanitation District Ordinance Code is hereby amended to read as follows : 11. 1 There is hereby levied and imposed upon any occupied Premises within the Atascadero County Sanitation District, having any sewer connection with the sewerage system of the District, or otherwise discharging waste water which ultimately passes through the District' s sewerage system or to which a public sewer is available according to Article 3 . 1 of this Ordinance Code, and upon the owner or occupant thereof, a monthly service or standby charge as hereinafter provided. Charge (a) Single Family Residential Unit $ 10 . 54 • l (b) Apartment Building (per dwelling unit) 9 , 86 (c) Mobile Home Spaces (per space) 8 . 24 (d) Hotel/Motel (per dwelling unit) 2 . 62 (e) Rest Homes/Hospitals (per bed) 8 . 26 (f) Commercial Unit 3 . 23 (g) Office Buildings (per office unit) 3. 21 (h) Restaurants - 40 or less seats 74 . 58 (i) Restaurants - more than 40 seats 178 . 89 (j) Churches/Meeting Halls 92 . 10 (k) Schools (per student average daily attendance as of March 31 preceding each fiscal year) 0 . 805 (1) Service Stations 23 . 28 (m) Laundry/Laundromat/Cleaners 145 . 85 Charge 1 (n) Car Wash $78 . 17 to (o) Fire Station 99 , 26 (p) Ware houses/Storage Facility 17 . 09 (q) Theatre 44 . 42 (r) Any Occupied Premises not Connected to an Available Sewer 7 . 00 SECTION 11. Section 11. 5 of the Atascadero County Sanitation District Ordinance Code is hereby amended to read as follows : 11. 5 Truck disposal of sanitary wastes may be accepted by the District at the treatment plant during normal daytime working hours, or at such other times as the District may elect, for a service charge of $20 . 00 per load or portion thereof. SECTION 12 . If any portion of this Ordinance or the application thereof is held to be invalid for any reasons , the validity of all remaining portions and applications shall be unaffected and shal remain in final force and effect. SECTION 13 . This Ordinance is an urgency ordinance and is for the immediate preservation of the public peace, health, and safety. The facts constituting the urgency are these: The Atascadero County Sanitation District is the beneficiary of a loan from the United States Department of Agriculture, Farmers Home Administration and in order to become eligible for the funds comprising said loan, the District must immediately adopt new rates and charges . Thus, it is necessary that this Ordinance take effect immediately in order to assure the granting, implementation, and administration of the loan from the FmHA. SECTION 14 . This Ordinance, being an urgency ordinance for the immediate protection of the public health, safety, and general welfare, containing a declaration of the facts constituting the r. urgency, and passed by a four-fifths (4/5) vote of the District Board of Directors, shall take effect immediately upon its adoptio provided, however, that this Ordinance shall not become operative until one hundred eighty (180) days after its passage, or on January 1, 1983 , whichever occurs first. SECTION 15 . The District Secretary shall cause this Ordinance to be published once within fifteen (15) days after its passage in the Atascadero News , a newspaper of general circulation, printed, published, and circulated in this District; shall certify to the adoption and publication of this Ordinance; and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of'-Ordinances of this District. The foregoing Ordinance was introduced, adopted,and ordered published at a meeting of the Distric` Board of Directors held on May 24 , 1982, by the following vote: Ayes: Directors Highland, Mackey, Nelson, Stover ,and President Wilkins Noes: None Absent: None J 1 Robert J. Wilkins , Jr. , Chairman APPROVED AS TO • RIM: ATTEST: ` ALLEN GRIMES, Attornev 7 ray . Warden, Secreca..y rtft[, c'ft i� RECE1 v' � d: Return to : City Clerk tsis t 19 79 - City Hall - Room 103 6500 Palma Avenue �� F ADERC Y -'-CRK Atascadero , CA 93422 461-5074 A P P L I C A T I O N CITY OF ATASCADERO BUILDING & CONSTRUCTION BOARD OF APPEALS Name: -451AEeE8 Address: p O Dox >Al)4 B44D6- .421W /STA Telephone: Work : 790 Home: 466 - 6235 Give a summary of your education, experience and reasons for wishing to serve on the Hoard of Appeals: -eAk ODLy — S?l/= C,411f. IZC6d562 L">f. L le-exlS eQ .Pf 4C.T0e ",e5. _ V690E�_�9 j 11�t�T �.r�-i,4JuE -1'6 BL2 1A)yZLyEv AA; -THEE C4V!5 46:::-Y DLJ 1 1D4/-27,@ y 4AW /`T--f 4 56Ye,,QiVA7et� "27* FLGtor- -�,o iUSo.rJ AND 6u P- l�,rlj�2 GyiS 7b 5ee /T I hereby certify that the foregoing is correct and that I am a registered voter in the City of Atascadero. ( signature) (date) RESOLUTION NO. 39-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA APPOINTING ONE MEMBER TO THE CITY OF ATASCADERO'S BUILDING & CONSTRUCTION BOARD OF APPEALS WHEREAS, a vacancy has been created by the resignation of one member to an unexpired term on the Building and Construction Board of Appeals; and WHEREAS, the City Council has adopted Ordinance No. 44 establishing the Building & Constructions Board of Appeals; and WHEREAS, public advertisements soliciting interest in appointment to the Board of Appeals have been published and posted; and WHEREAS, the City Clerk has received one application for consideration; and WHEREAS, the City Council did on May 14, 1991, interview and consider the candidate for appointment to the Board of Appeals. NOW, THEREFORE, be it resolved that the Atascadero City Council does hereby resolve to appoint Michael Sherer to fill the unexpired term of four years, expiring in April of 1994. 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: CITY OF ATASCADERO ATTEST: By: ROBERT B. LILLEY, Mayor LEE DAYKA, City Clerk