HomeMy WebLinkAboutAgenda Packet 02/26/1991 * NOTICE THE COUNCIL WILL MEET IN OPEN SESSION AT 6 :00 P.M. ,
PRIOR TO ITS REGULAR MEETING, FOR THE PURPOSE OF
MID-YEAR BUDGET REVIEW. SAID MEETING WILL BE HELD
IN THE CITY ADMINISTRATION BUILDING, _4TH FLOOR.
PUBLIC REVIEW COPY
A G E N D A
PLEASE DO NOT REMOVE
ATASCADERO CITY COUNCIL FROM COUNTER
REGULAR MEETING
ATASCADERO ADMINISTRATION BUILDING
6500 PALMA
FOURTH FLOOR, ROTUNDA ROOM
FEBRUARY 26, 1991
7 :00 P.M.
This agenda is prepared and posted pursuant to the require-
ments of GovernmentCode 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
. 1
COMMUNITY FORUM:
The City Council values and encourages exchange of ideas and
comments from you, the citizen. The Community Forum period is
provided to receive comments from the public on matters other than
scheduled agenda items. To increase the effectiveness of Community
Forum, the following rules will be enforced:
* A maximum of 30 minutes will be allowed for Community Forum,
unless Council authorizes an extension.
All remarks shall be addressed to Council, as a whole and
not to any individual member thereof.
No person shall be permitted to make slanderous, profane or
personal remarks against any 'Council Member, commissions &
staff.
A. CONSENT CALENDAR:
All matters listed under Item A, Consent Calendar, are con-
sidered to be routine', and will be, enacted by one motion in the
form listed below. There will be no separate discussion on these
items. A member of the Council or public may, by request, have
any item removed fromtheConsent Calendar, which shall then be
reviewed and acted upon separately after the adoption of the Con-
sent Calendar. Where ordinance adoption is involved, action by
Council on the Consent Calendar will presuppose waiving of the
reading in full of the ordinance in question.
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1 . &kat 2, 1991 CITY: COUNCIL MINUTES
2 . CITY TREASURER' S REPORT - JANUARY, 1991
3. FINANCE DIRECTOR' S REPORT - JANUARY, 1991
4 . ORDINANCE NO. 218 Amending Map 7 of the official zoning maps
By rezoning that certain >real property described as Lot 3,
Pine Mtn. Park of Atascadero, recorded in Book 4 at Page 76 ,
S.L.O. County official records, from LS (Special Recreation)
to LS(PD7) (Planned Development No. 7) (Noakes/RRM Design
Group) (Second reading and adoption)
5. ORDINANCE NO. 214 REVISED TREE ORDINANCE - Repealing Chapter
19 of Title 2 and Section 9-4 . 155, and adding Chapters 11 , 12
and 13 to Title 9 of the Atascadero Municipal Code regarding
tree protection (second reading & adoption)
6. TENTATIVE PARCEL MAP 25-90, 9755 "ENCHANTO ROAD - Division of
9 . 14 acres into two parcels of 4,. 99 and 4 . 16 acres (Hender-
son/Vaughan Surveys)
B. HEARINGS/APPEARANCES:
1 . SAN MARCOS ROAD EXTENSION - TREE REMOVAL REQUEST (Cont' d from
1/8/91 meeting Applicant requests a 90--day extension)
A. Appeal of Negative Declaration; (Joan O' Keefe)
B. Tree removal request
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C. REGULAR BUSINESS:
1 . PAVILION - PHASE II BID AWARD
2. COUNCIL AGENDA FORMAT ORDINANCE ADOPTIONS
3 . RESOLUTION NO. 12-91.- ESTABLISHING ATASCADERO ECONOMIC ROUND
TABLE
4 . BUDGET REVIEW 5-YEAR CAPITAL PROGRAM
5. COUNTY SATELLITE FACILITIES (Councilwoman Borgeson)
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council:
A. Committee Reports (The following represents ad hoc or
ding committees . Informative status reports will be
given, as felt necessary. ):
1 . City/School Committee
2 . North Coastal Transit/S.L.O. Area Coordinating Council
3 . Traffic Committee
4 . Solid/Hazardous Waste Mgmt. Committee
5 . Recycling Committee
6 . Economic Opportunity Commission
7 . B.I .A.
2 . City Attorney
3 . City Clerk
4 . City Treasurer
5 . City Manager
* NOTICE: THE COUNCIL WILL 'ADJOURN TO, A CLOSED SESSION PUR-
SUANT TO GOVERNMENT CODE SECTION 54956 FOR PURPOSES
OF DISCUSSION REGARDING PROPERTY ACQUISITION.
3
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TABLE OF CONTENTS
A. DEPARTMENT STATUS REPORTS
B. MID-YEAR BUDGET REVIEW
C. FIVE-YEAR CAPITAL IMPROVEMENTS UPDATE
MEMORANDUM
TO: Ray Windsor, City Manager
FROM: Greg Luke, Director of Public Works C3L
SUBJECT: 1st Quarter Status Report
DATE: February 5, 1991
A. Capital Improvement Protects
1. Sycamore Bridge - The Bridge is completed and work is
proceeding to close out final paperwork.
2. West Mall/ECR Signal - The intersection is now completed.
Work is proceeding to close out final paperwork.
3 . Pump Station #2 Forcemain - All work & final
documentation is complete. Both mechanical and
electrical problems encountered at this pump station have
drawn heavily upon our contingency reserve fund and
adjustments may be necessary at mid-budget review.
4. Lake Park Pavilion - Phase One is now completed. Over 65
sets of plans have been distributed to Phase Two (i.e.
main building) bidders. Bids are due on February 19 and
a contractor is expected to be selected at the February
26 Council meeting.
5. Fire Station Parking Lot - Bids are due into the City on
February 6.
6. Highway 41 Improvements west of Highway 101 (3 signals
plus roadwork) - Caltrans has notified staff that design
work will begin on this project in October 1991.
B. Development Review - The volume of new permits has slowed,
allowing engineering staff time to work on City related
projects, such as road inventory, and park projects.
Inspection and processing continues on various private road
construction projects: Ardilla Road, Santa Cruz Road, Garcia
Road, Obispo Road.
C. Road Planning/Policy
The acceptance of Gordon Davis Roads has brought the total
miles of City-maintained streets to 145 miles. Approximately
38 miles of roads remain private and 12 miles are still
"paper" roads.
Staff is continuing to work with Wells Fargo Bank to transfer
right-of-way title. Road Policy issues are anticipated to be
brought before the Council in the near future. It is expected
some innovative, alternative approaches will be required to
develop a comprehensive policy that will meet community
concerns and safety standards.
1. Recently staff has been focusing considerable effort
analyzing the condition of our circulation system,
including roadway conditions, maintenance needs, and
long-range planning. I expect this effort will result in
a more accurate and well-defined 5-year Capital
Improvement Plan.
2 . Creekway Mapping - Volbrecht Surveys are continuing to
map the remaining creekways.
3. Pedestrian Bridge - Design work on the Atascadero Creek
Pedestrian Bridge has been suspended pending the mid-year
budget review.
4. Solid Waste Management Planning - Recent acceptance of
the Conceptual Plan by the Council has triggered a
variety of new tasks. Rate analysis, recycling options,
contract preparation are all on-going topics of
discussion.
In a related topic, the Regional Solid Waste Program is
gaining momentum as their consultant conducts his work.
D. Special Projects
1. Water Study - A contract has been signed with The Morro
Group to conduct the Water Study. Initial work will
begin shortly.
E. Administration
1. A new Chief of Wastewater Operation has been selected.
Mr. Mark Markwart, formerly of the SLO Treatment Plant,
will start on February 12, 1991. He will split his time
between the plant and City Hall. His first task will be
a budget review, then a re-activation on the plant
upgrade program.
2 . Two departures to announce: Don Leib, Public Works
Superintendent, will retire from the City with over 10
years service in March 1991. Gary Sims, Senior Civil
Engineer, will be starting with Caltrans shortly. I will
be sending a memo to Council discussing the implications
of these personnel departures and the organization of the
Public Works Department in general.
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MEMORANDUM
TO: City Manager Ray Windsor
FROM: Chief of Police
SUBJ: Police Department Status Report - Last Quarter,
1990
DATE: January 5, 1991
Following is a synopsis of police department activities and
programs for the last quarter of 1990:
1. City Emergency Preparedness
Lt. Bill Watton, acting in his role as City Emergency
Services Coordinator, accomplished the following during
this last quarter:
A. Attended a forty-hour training course at Calif.
Specialized Training Institute, SLO, focussing upon the
design and function of the Emergency Operations Center.
B. Completed and submitted to the State O.E.S. a
required, standard report on "continuity of government"
which addresses city-wide backup systems, records
storage, etc. (Bill will be coordinating the results
of this with the City Clerk and others as appropriate. )
C. Acquisition of a special Macintosh computer
station with "CAMEO" (Computer Aided Management of
Emergency Operations) software. Police and fire
personnel will receive special training in the use of
this program during January. A modem will facilitate
the fire department's access to this system soon.
Among the many capabilities of this program, it will
identify all locations possessing hazardous materials,
all physical resource-pool identification and tracking,
citizen collection points, movement, tracking and
shelter areas, etc.
2. Law Enforcement Automated Data System (L.E.A.D.S. )
Our P.C. network has now been expanded to 12 work
stations (including the booking room) . Our system is
now almost 4 years old, and it is reaching its maximum
capacity. Dept. field officers now have 6 laptop
computers which are actively utilized for crime and
incident reporting.
3 . Retired Senior Volunteer Program (R.S.V.P. )
At this time, we have 25 volunteers who worked more
than 900 hours during the last quarter in various
capacities throughout the department. More volunteers
have applied, however, we're finding that the 25
members we have is a manageable number at this time.
4 . APD Chaplains Unit
During the last quarter, our chaplains were dispatched
to 42 calls for service equating to over 40 hours of
donated time to our community. These responses
included such services as mental health problems,
suicides, food assistance, death notifications, etc.
Additionally, our chaplains spent countless hours on
regularly scheduled "ride-alongs" assisting officers
and the community.
5. D.A.R.E. Program
Two hundred more students will graduate from the
D.A.R.E. Program this month in the Santa Rosa and
Monterey Road Schools. Officer Bill Swift completed
the D.A.R.E. Officer Training (80 hours) in Los Angeles
and he may now serve as a backup to assist Officer John
Rodgers. By the end of January, we will have
instructed over 700 students in this successful course.
6. Student Bicycle Safety
School Resource Officer Bill Swift has been working
closely with the A.U.S.D. in promoting the wearing of
bike safety helmets. The School District purchased an
initial supply of helmets for use of both adults and
youth. These helmets are sold at APD (no profit) and
the funds are reimbursed to A.U.S.D. To date, we've
sold over 200 helmets. Officers Swift, Spann and
Rodgers have been actively assisting in this project.
(Extra note: these helmets are selling for
approximately $20 here, and they're about $50 on the
open market! )
7. Crime Prevention
During this past quarter, special training in
shoplifting prevention/enforcement was presented to
many local businesses in preparation for a busy
shopping season. Additionally, bank robbery reaction
procedures were presented to local banks and
Neighborhood Watch meetings are continuing.
8. Detention Facility Now in Use
Please see memo dated 1-3-91 for details.
9. P.D. Staffing Status
As you know, Officer Chett Myers is now officially
retired with a physical disability following his back
injury which he received in an altercation with an
arrestee. We are now in the process of filling this
vacancy through interviews, etc. In addition to this,
another officer (Ramona Johnson) has been off duty for
about six weeks following her report of back and wrist
injuries. She has used all of her available leave and
will soon be on leave without pay. We are thus two
officers short at this time.
Authorized non-sworn positions are all filled, and
three of the more recent appointees are in a training
mode.
10. Report Writing Manual
In keeping with various mandates, and in order to marry
our automated data system with our day-to-day crime and
incident reporting system, a new report writing manual
was completed this last quarter. The development of
this manual was coordinated by Sgt. John Hutchins with
input from all APD staff members. The finished product
is more than 140 pages in length and each officer in
the dept. will receive a copy which should facilitate
standardized reporting. This manual replaces the one
originally written in 1980 when we began as a new P.D.
11. "Avoid the Eleven" Program
The Avoid the Eleven Program is basically a D.U.I.
enforcement and prevention program involving all eleven
law enforcement agencies (police departments, CHP,
Sheriff's Dept. , Cal Poly, and State Parks and
Recreation) in S.L.O. County. D.U.I. incident-related
statistics are gathered and monitored from Thanksgiving
Day through New Year's Day county-wide. During this
period in 1990, 373 arrests were made by our agencies
compared to 440 such arrests in 1989. APD officers
made 24 of these arrests in 1990 in contrast to 30 in
1989. Happily, there were no reported D.U.I. traffic
fatalities in our county this year.
12. Department Activity Statistics
Attached for your information are the quarterly and
annual police activity statistical summary sheets. As
you know, our technicians are responsible for
dispatching all police, fire and ambulance calls within
our 911 area, thus police, fire and medical service
calls are listed in our report. (Most of such calls
call for a response from a combination of the three
services. )
Significant increases in the year-end report include:
A. A nine percent increase in total calls for
service (16,467 vs. 15, 133 in the prior year) .
B. A twenty-two percent increase in the total
number of arrests (1,267 vs. 1,036 in 1989) .
C. A nineteen percent increase in stolen
vehicles.
D. A twenty-one percent increase in disturbance
calls.
E. A thirty-five percent increase in responses
to robbery/burglary alarms, most of which occur
due to owner error or electrical flaws.
F. A seventy-seven percent increase (296 vs. 167
in 1989) in drunk driver arrests!
G. Child abuse and sex crimes up twelve percent
and twenty-three percent, respectively.
Following the release of State Dept. of Justice
comparative data, a more complete analysis of relevant
information will be furnished in our Annual Police
Services Report in April - May, 1991.
eor-
RICHARD H. McHALE
RHM:sb
POLICE DEPARTMENT ACTIVITY STATISTICS
COMPARATIVE ANALYSIS FOR 1989 AND 1990
. PERCENTAGE
OF
19 89 19 90 CHANGE
TOTAL DOCUMENTED CALLS FOR SERVICES 15 , 133 16 ,467 +9
TRAFFIC COLLISIONSt _ 503 494 —2
NUMBER OF TRAFFIC CITATIONS ISSUED, 3 . 310 2 , 258 —32
ARRESTSs 1 ,036 1 , 267 +22
MILES TRAVELLED BY P.O. VEHICLESt 297 ,648 298 ,442 0
NATURE OF CALL/INCIDENT:
Arson 16 5 —69
Homicide 0 0 0
Rape 8 8 0
Robbery 9 9 0
Assault 197 199 +1
Burglary 220 224 +2
Theft 510 561 +10
Stolen Vehicles 36 43 +19
Recovered Stolen Vehicles 36 58 - +61
Disturbance 1 , 288 1 ,553 +21
Suspicious Circumstances 1 ,648 1 ,531 -7
Animal Problems 415 486 +17
Disorderly Conduct 152 180 +18
Patrol Checks 482 511• +6
Warrant Arrests 2.66 287 +8
Code Violations 82 162 +98
Mental Health 33 49 +48
Fires/Smoke Checks * 462 556 +20
Medical Aid/Rescue 827 908 +10
Domestic Violence 108 96 -11
Alarms (burglary/robbery) 532 716 +35
Malicious Mischief 261 254 —3
Fatal Traffic Col ( Islons 2 0 n/a
Injury T.C. Public r.o.w. 105 115 +10
Non—injury T.C. Pub r.o.w. 306 294 —4
Injury T.C. Private Prop _3 6 +100
Non—injury T.C. Priv Prop _8 79 —11
Drunk Driving Arrests 167 296 +77
Other Traffic 2 .081 1 ,955 —6
Annoying Phone Calls 65 94 +45
Miscellaneous 3 ,86 4 , 347 +13
Fraud 17 12 -29
Forgery 23 34 +48
Child Abuse 57 64 +12
Sex Crimes 22 27 +23
Kidnapping 0 1 n/a
Juvenile Contacts 633 605 —4
Juvenile Runaways 113 142 +26
TOTAL NUMBERS 15 , 133 16 ,467 +9
SANDI BARTELT, Support Services Mgr.
*Includes 49 damaged/broken water pipes during the freeze.
POLICE DEPARTMENT ACTIVITY STATISTICS
COMPARATIVE ANALYSIS FOR THE QUARTERS ENDING Dec 1989 AND Dec 1990
PERCENTAGE
OF
19 89 1990 CHANGE
TOTAL DOCUMENTED CALLS FOR SERVICE, 3 , 542 3 ,665 +3
TRAFFIC COLLISIONS, 143 96 -33
NUMBER OF TRAFFIC CITATIONS ISSUED, 677 395 -42
ARRESTS, 299 227 -24
MILES TRAVELLED BY P.D. VEHICLES, 75 ,931 64 , 166 -15
NATURE OF CALL/INCIDENT, _
Arson 2 1 -50
Homicide 0 0 0-
Rape 4 2 -50
Robbery 2 3 +50
Assault 50 37 -26
Burglary 55 45 -18
Theft _ ✓ 114 122 +7
Stolen Vehicles 15 6 -60
Recovered Stolen Vehicles 12 12 0
Disturbance 278 309 +11
Suspicious Circumstances 405 323 -20
Animal Problems 110 129 +17
Disorderly Conduct 54 46 -15
Patrol Checks 61 132" +116
Warrant Arrests 55 61 +11
Code Violations 22 24 +9
Mental Health 11 6 -45
Fires/Smoke Checks *122 197 +61
Medical Aid/Rescue 216 239 +11
Domestic Violence 25 24 -4
Alarms (burglary/robbery) 137 202 +47
Malicious Mischief 74 62 -16
Fatal Traffic Collisions 0 0 0
Injury T.C. Public r .o.w. 32 23 -28
Non—Injury T.C. Pub r.o.w. 93 59 -37
Injury T.C. Private Prop 2 0 n/a
Non—injury T.C. Priv Prop 20 14 -30
Drunk Driving Arrests 50 43 -14
Other Traffic 506 417 -18
Annoying Phone Calls 19 24 -26
Miscellaneous 794 926 +14
Fraud 2 5 +150
Forgery 5 5 0
Child Abuse 15 17 +13
Sex Crimes 4 0 n/a
Kidnapping 0 1 n/a
Juvenile Contacts 151 124 -18
Juvenile Runaways 25 25 0
TOTAL NUMBER, 3 , 542 3 ,665 +3
SANDI BARTELT, Support Services Mgr.
*Includes 49 damaged/broken water pipes during the freeze.
ATASCADERO POLICE DEPARTMENT
16 ACTIVITY REPORT for 1990
* TOTAL DOCUMENTED INCIDENTS AND CALLS FOR SERVICE „ 16 ,467
REPORTED/DOCUMENTED TRAFFIC COLLISIONS . . . . . . . . . . . . . . . . . . .
. . . . . . 494
Public right—of—way 409 Private property 8 5
TOTAL NUMBER OF TRAFFIC CITATIONS ISSUED . . . . . . . . . . . . . . . . . . . . . . . 2 .258
Moving violations 863 Non—moving violations 1 395
TOTAL ARRESTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 , 267
Adult 1 ,082 (felony 187 misdemeanor 895 )
Juvenile 185 (felony 36 misdemeanor .149 )
MILES TRAVELED BY POLICE DEPARTMENT VEHICLES . . . . . . . . . . . . . . 298 ,442
Nature of call/incident
Arson 5 Alarms (burglary/robbery) 716
Homicide 0 Malicious Mischief 254
Rape 8 Fatal Traffic Collisions 0
Robbery 9 Injury T.C. Public r.o.w. 115
Assault 199 Non—injury T.C. Pub r.o.w. 294
Burglary 224 Injury T.C. Private Prop 6
Theft 561 Non—injury T.C. Priv Prop 79
Stolen Vehicles 43 Drunk Driving Arrests 296
Recovered Stolen Vehs 58 Other Traffic 1 ,955
Disturbance 1 , 553 Annoying Phone Calls 94
Susp Circumstances 1 , 531 Miscellaneous 41347
Animal Problems 486 Fraud 12
Disorderly Conduct 180 Forgery 34
Patrol Checks 511 Child Abuse 64
Warrant Arrests 287 Sex Crimes 27
Cade Violations 162 Kidnapping 1
Mental Health 49 Juvenile Contacts 605
Fires/Smoke Checks 556 Juvenile Runaways 142
Medical Aid/Rescue 908
Domestic Violence 96 TOTAL NUMBER: 16 ,467
MISCELLANEOUS = citation sign—off, V. I .N. verification, sex and drug
registration, fingerprinting, information request , agency assist ,
citizen assist , civil standby, business license violations, found/lost
property, shots fired, missing persons, check the welfare, etc.
SUSPICIOUS CIRCUMSTANCES = suspicious subjects and vehicles, unfounded
calls, etc.
DISTURBANCE = verbal or physical fights, loud music, barking dogs, etc.
OTHER TRAFFIC = stored/impounded vehicles, abandoned vehicles, 72—hour
tagged vehicles, reckless/speeding vehicles, traffic hazards, verbal
notice of suspended licenses, possible drunk drivers, etc.
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RICHARD H. WHALE, Chief SANDI BARTELT, Support Servcs Mgr
ATASCADERO CITY FIRE DEPARTMENT
QUARTERLY STATUS REPORT:
iOCTOBER - DECEMBER, 1990
A Master Plan: As directed by Council, the fire department staff is
continuing to refine the Master Plan and to incorporate the findings when
appropriate into the General Plan and the upcoming budgets.
ISO Survey (Insurance Services): The survey is complete and we have
received our preliminary insurance classification. The first review reports
that our classification will remain a Class 5. The schedule is from one to
ten, with one being the best and ten being the worst. Our total
percentage credit is 57.57%, out of a possible 100%. In order for our
department to go to a Class 4, we need to pick up less than 2.5%points.
We are presently reviewing with the raters what is needed to bring us up
to a Class 4. 1 expect to have that information prior to budget time.
A Requests for service: We ended the calendar year with a 12.5%
increase for our emergency services. The increase is, in my opinion, a
significant increase. I can't tell you at this time if one area of service will
show a major increase or if it's just an overall increase. The one thing I am
sure of is that we had the mildest wildland fire season in years. We
attribute that to better weed abatement and a lighter than normal
growth of light,flashy fuels.
A Rescue unit rel2lacement: We have awarded the bid to Fire-Bann of
Ontario,with expected delivery in June, 1991.
A Street addressing: Battalion Chief McCain, along with representatives
from the Community Development and Police Departments, have
been developing addressing standards over the past few months. I
expect that we will have proposals before the Council by the end of
March, 1991.
A Fire Station #1 renovation: The remodel work at Fire Station #1 has been
completed, with the exception of the driveway and parking lot, which is
presently out to bid.
Personnel: Our department has experienced a couple of unusual
personnel situations during the past few months. These matters are still
being dealt with at this time. I would be happy to provide additional
information upon your request (however these matters are confidential).
Reserve Firefighter Keith Aggson was hired to fill a full-time firefighter
position. Keith is a 1987 graduate of Atascadero High School. He started
with us while in high school, then became a seasonal firefighter and
reserve firefighter. Keith is 22-years-old, a certified firefighter through Allan
ATASCADERO CITY FIRE DEPARTMENT
QUARTERLY STATUS REPORT
PAGE 2
A Personnel: (continued)
Hancock College, has completed his paramedic training and is
currently undergoing testing for paramedic certification.
We also hired Reserve Firefighter Bill (Dowdy) White. Bill started with us as
an Atascadero High School work experience student. After high school,
he became a seasonal firefighter and then a reserve firefighter. Bill is a
certified Firefighter I and a certified paramedic.
In addition, we have hired Virginia Collie, a graduate from San Luis
Obispo High School and Cal Poly, with a degree in Environmental and
Systematic Biology. Prior to coming to our department, Virginia worked
for the County Probation Department for four years. Virginia fills a half-
time Office Assistant I position.
The Reserve Firefighter II program is planned to be in operation by
2/15/91. We have 11 applicants from our reserve ranks. As you may
recall, the Firefighter 11 program is designed to augment on-duty forces.
This program will not replace two-man minimum staffing per station,
however it should add an additional firefighter on-duty approximately
2/3 of the time with very minimal fiscal impact.
Paramedic training is continuing for Firefighters Dave Payton and Scott
Satterthwaite. They are nearing completion of the classroom portion
and will soon be starting their internship.
MICHAEL HICKS
FIRE CHIEF
MH:pg
1/91
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M E M O R A N D U M
DATE: January 25, 1991
TO: Ray Windsor, City Manager
f,
FROM: Andrew J. Takata, Director .
Department of Parks, Recreation and Zoo
SUBJECT: DEPARTMENT STATUS REPORT SUMMARY - JULY-DECEMBER, 1990
Attached, you will find various division status report summaries
from our department.
The following are items I would like to highlight, which are
further acknowledged in the respective division reports:
1. Final transition of the Facilities Maintenance and Streets
Divisions. Both divisions have remained as or more productive, and
morale appears to be positive.
The Facilities Maintenance staff are all now directly supervised by
Bill White, Parks Supervisor.
2 . Construction of Atascadero Lake Park Pavilion. With the
completion of Phase I, we are presently out to bid for Phase 2,
construction of the facility. Bid opening date is February 19th at
2:00 p.m.
3 . Continuance of various zoo improvements with the cooperation
of the Zoological Society, Cal Poly Construction Management
Department, and other volunteer groups.
4. Completion of the Business Improvement Association parking
lot with landscaping.
This is a good example of utilizing Street and Parks Divisions on
a cooperative project, with Streets construction the lot and Parks
landscaping.
5. The information of the Highway 41 at El Camino Real project
with Caltrans and Public Works Engineering Division.
6. The Safety striping of various streets through the city.
7. Highway 101 Tunnel at East Mall lighting has been upgraded
with vandal-proof fixtures. Graffiti removal is ongoing.
8. Office rehabilitation in Administration Building is ongoing.
9. Watering of street trees in the Business Improvement
Association area has been a successful program.
10. Continued concerts in the parks series for all ages.
11. Beginning of seniors program with excursions to different
attractions.
12. Beginning of teen programs with Teen Night at Atascadero Lake
Park and Teen Volleyball League.
13 . The department operated the Atascadero High School swimming
pool program for the first time. We were able to have full
operation all summer with successful swimming lessons and
recreational swimming programs at no loss to the City.
14. Youth Basketball Program being done jointly with Templeton
Community Services District. In all, there are over 61 teams with
approximately 9 players on each team.
These are just a few of the highlights the division reports
reflect. Please let me know if you have any comments or questions.
PARKS, RECREATION & ZOO DEPARTMENT
PARKS DIVISION
STATUS REPORT: MIDYEAR 1990-1991
After finishing Phase I Construction of Traffic
Way Park, it was time to get back to desperately
needed maintenance in all City parks.
I. PARKS DIVISION
A. Lake Park
1. New boat docks were assembled near Pavilion
2 . Maintenance was done on the lake aeration
system
3 . The Pavilion was cleaned out for demolition
4. We disassembled the Pavilion floor to be sold
as "Chips of the Old Pavilion" for a fund
raiser for the new Pavilion
5. A temporary shed was built for the lake
aeration system to be used while the Pavilion
is being constructed. Staff ran temporary
power lines for this system
6. Trees were trimmed around the lake and island
7. 80% of Lake geese have been relocated
8. Repaired sprinklers
9. Did repairs for State dam inspector
10. Alvord field:
a. Redesigned and installed irrigation
for infields
b. Top dressed infield
C. New right field and dugout fences
were installed
B. Paloma Park
1. Worked on irrigation systems
2. Mowed and sprayed weeds
3 . Installed rubber mats in batter's boxes at
fields 1 and 2 for safety, to cut down on
collisions
4. Double first bases were installed on fields 1
and 2 for safety, to cut down on collisions
5. Staff automated sprinklers for infields 1 and
2 which makes field prep easier and keeps pit
sand on the infields
6. Shelves were installed in the snack bar
7. We rotary harrowed the infields and the horse
arena.
8. Infields were resurfaced by local contractor
9. Installed new advertisement boards
1
C. Traffic Way Park
1. Weeds were removed
2 . Wood chips were spread on the banks to improve
landscaping and to for weeds abatement
3 . Youth soccer installed goal posts
4. Sprinklers were adjusted and repaired.
5. Installed sprinklers for turf areas between
fields and next to corporation yard driveway
D. Sunken Gardens Park
1. Walkways were sprayed several times for weeds
2 . Staff designed irrigation plan for automation
of this manual sprinkler system
3 . Irrigation supplies have been received for
this project
E. Administration Park
1. New flowers were planted
2 . Shrubs were trimmed
3 . Sprinklers and valves were repaired
F. Street Trees
1. Began new program of watering street trees
with the old fire truck
2. Planted three street trees in front of Police
Station, five across the street and three
trees at fire station one
3 . Replaced three trees destroyed by vandals
G. Tunnel Under Freeway
1. New vandal resistant lights were installed
2. Tunnel was painted to cover graffiti
H. zoo
1. Park staff worked in the Zoo automating the
irrigation systems so plant materials can be
watered at night in accordance with water
company restrictions
2. Staff began plant identification list for
signing plant materials in the Zoo
3. Staff repaired broken backflows, hosebibs,
etc. from deep freeze
-2-
I. Facilities
1. Contract was awarded for demolition and
grading of Pavilion
2. Historical and Genealogical Societies moved
into old police rooms on first floor.
3 . Dial-A-Ride moved from third floor to first
floor
4. We used a crane company to move the donated
conference table from the first floor to the
Club Room on the forth floor.
5. Elevator - looking into repair for a smoother
ride
6. Additional recreation space was obtained by
taking over police dispatch room
7. Pavilion and old park house were demolished
8. Grading for Pavilion is complete and Lake wall
was constructed for Pavilion
9. Fourth Floor Rotunda improvements
10. Third Floor Community Development/Public Works
and Engineering have been rehabilitated and
moved
11. Started relocation of City Clerk and City
Attorney
• 12. Rehabilitated and relocated Administrative
Services Director and personnel
J. Seminars
1. Park Supervisor attended Parks and Recreation
Commission meeting and presented a video on
parks construction and this years funded
projects and equipment. Park Supervisor
attended National Institute on Parks and
Grounds Management.
2. Park Staff attended Pacific Southwest
Maintenance Management School, Integrated Pest
Management Seminar and Janitorial Chemical
Seminar, and well as various seminars in chain
saw safety, tree trimming near power lines,
and pesticides and herbicides
K. Vehicles - Various vehicle repairs were done
L. BIA Parking Lot - Planted trees and shrubs
M. El Camino Realignment Planters - Installed conduit
for irrigation and electrical
-3-
N. Deep Freeze - Repaired numerous backflow
preventors, sprinklers, faucets and rest room
valves. Wooden boxes were built to protect
backflow preventors
O. All Parks
1. This Fall all parks were aerated and
fertilized
2. In compliance with the Atascadero Mutual Water
Company, we are now watering on Mondays only.
-4-
CITY OF ATASCADERO
DEPARTMENT OF PARKS, RECREATION AND ZOO
RECREATION DIVISION
MID-YEAR REPORT
JULY THRU DECEMBER 1990
Fund Raiser Dances
Two fund raiser dances were held to assist with the Pavilion
project. Approximately 600 people attended these "Big Chill" theme
dances which raised $1,276.54 and was donated to the Friends of the
Lake Pavilion.
Concerts in the Park
Six concerts featuring local bands were performed in the Gazebo at
Atascadero Lake. Over 100 people attended each of these evening
concerts bringing blankets and picnic dinners. Bands featured were
country western, classical and traditional big band.
Excursions
• Local residents boarded tour buses and took trips to a Dodger game
in July, the Monterey Bay Aquarium in August and the Ice Capades at
the Fresno Convention Center in November.
Classic Car Show and Oldies But Goodies
The First Annual Classic Car Show attracted a crowd estimated at
1,500 to the Atascadero Lake Park to view 78 classic cars.
Entertainment, games and prizes were provided, and $1,322.86 was
raised and donated to the Friends of the Lake Pavilion.
Parks, Recreation and Zoo Department — Open House
250 people attended this Friday evening affair which featured free
zoo admission, animal demonstrations, a bird show, class
demonstrations and a barbecued chicken dinner.
School Site Recreation Program
Three city school sites were staffed for two hours a day for a free
drop-in recreation program which featured arts and crafts, outdoor
games, sports, movies and holiday activities. An average of 17
children attended each site daily.
2 -
Aguatics Summer Program
The initial Summer Aquatics Program of the City of Atascadero
Recreation Department was a splashing success. Attendance at the
High School Pool reached 11,217 for total swimmers and over 700
children were given swim lessons.
Programs offered this summer included day and evening recreational
swimming, adult lap swim and exercise and swim lessons for all
ages.
City lifeguards also staffed the Creston School Pool and the
Atascadero Lake Wading Pool.
Recreation Classes
Exercise, educational and arts and crafts classes were provided
for adults and children at various city and school facilities. The
types of classes offered include Jazzercise, western dance, karate,
watercolor painting, dog obedience, childrens' dance and much more.
Summer Day Camp
The Ranger House at Atascadero Lake Park served as headquarters for .
a Children's Day Camp. This eleven-week program provided short and
extended day care for an average of 42 children per day. The
activities planned included games, sports, arts and crafts, as well
as excursions to the library and pool.
After School Program
Recreation staff provided after-school care for children at five
elementary school sites. This program provided organized
activities, sports and snacks for an average of 29 children for
each site.
Halloween Carnival
Over 1,200 people attended this carnival which provided game
booths, concessions and prizes highlighted by a costume contest and
a raffle for a new bicycle.
This event provided a safe alternative to traditional trick-or-
treating.
- 3 -
Haunted House
The Haunted House in the basement of the City Hall was attended by
1, 111 people over a three-night period. The Atascadero Jaycees co-
sponsored this event by constructing and staffing' the displays.
This cooperation provided an excellent community event.
1990 Teen Volleyball - North County - teens from Atascadero and
Templeton - 4 teams - June 27th - August 15th.
1990 Third Annual Youth Biathlon - July 21st - City of Atascadero
and Atascadero Swim Club - 30 participants
Teen Night at the Atascadero Lake Park - July 19 - 45 participated
1990 Youth Baseball Clinic - July 9th-13th 45 children
participated
1990 Youth Basketball Camp - July 16th-20th - 51 children
participated
1990 Youth Soccer Camp - August 6th-10th 54 children
participated
1990 Adult Summer Basketball League - 6 weeks - ' June 3rd-July
15th - 8 teams - A & B divisions
1990 Indian Summer Adult Softball League - July 23rd-November
18th - 73 teams - Women's, Men's and Coed
1990 Fourth Annual Atascadero Lake Park Biathlon -' September 8th
- 50 Participants
1990 Volleyball Clinic - Sept. 8th and 15th - 4 to 5 people per
session - no charge
1990 Fall Basketball League - Sept. 30th-Dec. 12th 10 weeks - 10
teams
1990 Fall Volleyball League - cancelled - only 3 teams registered
Colony Days 5k Run and Walk - October 20th - 100 entrants
Fall Teen Volleyball - Nov. 13th-Dec. 18th - 4 teams - teens 6th
grade through 9th grade
2
EHICLES AND EOUIPMENT
i
Purchases - Purchased 1990 1-ton service truck and a used
High Ranger bucket truck.
Maintenance - Continuing with preventative maintenance and
safety checks. Completed the annual smog check of all our
vehicles.
COMMUNICATIONS
Mobile Radios - All our radios have been programmed with a
repeater bypass channel for emergencies.
Repeater Station - Problems with our system required the
installation of isolators on the repeaters. During his
inspection, the repairman stated that the building needed
some extensive repairs and the equipment inside needs to be
stabilized.
STREET MAINTENANCE
Normal Maintenance -
Patched streets - 350 tons of asphalt
Constructed water control berms - 2,325 linial feet
Installed 136 new signs
Replaced 143 signs and posts
Picked up 69 dead animals
Installed 2,540 pavement reflectors
Painted - 570 pavement markings
179 stop bars
36 crosswalks
131 parking stalls
1,508 linial feet of curb
CITY OF ATASCADERO
DEPARTMENT OF PARRS, RECREATION AND ZOO
ZOO DIVISION
MID-YEAR REPORT
JULY THRU DECEMBER 1990
The Zoo is currently under evaluation for membership and
accreditation by the American Association of Zoological Parks and
Aquariums. All of the preliminary reviews up to this point are
favorable. Final accreditation will be determined by the
Accreditation Commission meeting on March 11, 1991 at the Zoo
Conference in Greensboro, North Carolina. The Assistant Director
of the Department of Parks, Recreation and Zoo will be in
attendance to answer any final questions the Commission may have
regarding our Zoo's application.
A new walk-in freezer was installed at the Zoo and is functioning
well.
Staff changes of note include the hiring of two new keepers. Lee
Huggett was upgraded from temporary to full-time, and Lisa Conklin
was hired to replace Patty Forbes, who resigned. Also, Tom Jamason
was assigned as Maintenance Worker for the Zoo. The Zoo is
benefiting from the services of a Cal Poly University student who
• works part-time and is compensated by a university/government grant
program.
Another Zoo Society docent class has completed, and so there is a
fine group of trained volunteers working around the Zoo.
The Zoological Society is paying a contract employee to work as the
Zoo Education Coordinator. This position will be funded by the
Society again in 1991.
Attendance during the past year was 110,000.
Tours and outreach programs facilitated by the Education
Coordinator, docents and the Zoological Society reached over 10, 000
children in 1990.
Total admissions and vending machine revenue was $62, 000 (not
including donation days) .
Zoo Society contributions for 1990 totalled $44,350.
Zoo Society has proposed to budget $45,000 for the Zoo in 1991.
New Serval Cat exhibit opened in July, 1990.
Our Spider Monkey exhibit has been remodeled.
2-
The Zoo received a beautiful mural from the Arts in Corrections
Department of the California Men's Colony. They are continuing to
work on two more murals for the Zoo.
We are still able to use California Men's Colony work crews at the
Zoo for maintenance and demolition.
The Zoo uses Community Service people to help keep the Zoo clean
and orderly for the public.
New animal acquisitions included wallabies, hedgehogs, coatimundis,
and a blue and gold macaw.
1
•
FY 90-91 MID-YEAR STATUS REPORT
ADMINISTRATIVE SERVICES DEPARTMENT
GENERAL
1 . Fiscal Planning Model - The consultants completed their
study in late December . The primary emphasis is on
developing an economic element or plan for the City. Public
hearings on the draft was conducted ; a second hearing to
review staff ' s response to the recommendations is expected
shortly, possibly integrated with the Mid-Year Budget
Review.
2. User Fee Study - After considerable delay, the actual costs
for Planning and Inspection services have been identified ,
tentative rate increases have been developed , and
comparisons with other City rates made. A report to Council
is expected in conjunction with the Fiscal Plan Hearing.
Development Impact Fees were analyzed as part of the fiscal
plan study, and , after some modifications, new fees will be
proposed here as well .
3. Solid Waste - Rate reviews were conducted for the Public
Hearing November 13, 1990, as well as for an interim rate
review scheduled for hearing January 22. The Department
also provided additional staff reports on the issue.
4. SB 2557 - Quite unexpectedly, this legislation, enabling
Counties to charge Cities for Property Tax collection and
booking fees, became a major concern. Coupled with earlier
authority for Counties to charge impact fees (similar to
Cities) , staff is spending considerable time meeting with
the County and counter parts throughout the County. The
intent is to either avoid or delay the new fees (or develop
alternatives at the State level ) and to work for impact fees
mutually beneficial to Atascadero and the County.
5. BIA Parking Lot - Although not involved in the construction
itself, the Department took the lead role in finalizing the
agreements leading to the parking lot ' s completion, and
transferring ownership to the BIA, expected to be completed
in January. Related to the BIA, staff has been involved in
negotiations with the Christmas Decorations vendor . BIA
dues for the first six months totaled $6,265.
FINANCE
1 . Year-End Audit - The audit was completed in late October ,
seven months earlier than the prior year . Presentation was
made at Council ' s first January meeting . The financial
outcome is that the General Fund has roughly $345,000 more
than last year , or a fund balance of $2.4 million. Overall ,
the City ' s net financial condition increased approximately
$l million.
2. New Accounting System - Switching to a more effective,
automated accounting system is developing into a major
effort on the part of our Finance Office. The new system
was justified on the basis of comparing the costs of the
MOMS System to the costs of the existing system, which would
require upgrading. The new system is not only more
efficient and offers better reporting ability, it also
contains Personnel modules. In addition, the computer
hardware can run the Clerk ' s Index and popular software,
such as Lotus 1-2-3 and Word Perfect .
On the downside, like so many other conversions, it is
taking longer and costing more ( in overtime and direct
training costs) than anticipated . In response, some
budgeting shifts will be proposed at Mid-Year (primarily,
reallocating appropriations from one part of the Department
budget to another ) . As far as the actual installation,
relatively few problems were encountered .
3. Banking Services - In large part due to the newly elected
Treasurer , staff initiated a "sweep" account for our
checking account , in order to earn interest on the
outstanding balance. This should generate $12-15,000
annually, depending upon the interest rate.
4. New Investment Policy - The Treasurer also worked on a
revised Investment Policy implemented in late December .
Revisions are expected in the format of the Treasurer ' s
Monthly Report to Council .
5. Auditing Recreation Grants - Accounting records for four
separate Parkland Grants, received in the mid-eighties, were
researched in December . The grants need to be closed out ,
with the paperwork required for the State' s Audit.
Considering the time lag involved , and the fact that most of
the City participants who were originally involved are no
longer employed with the City, the audits may prove
demanding . Nonetheless, it is hoped that no significant
expenditures will be disallowed , and , in fact , the City
should be reimbursed almost $100,000 from the grants.
b. Fixed Assets Inventory - Because of the new accounting
system, the inventory is being delayed until the last
quarter of FY 90-91 . The objective is to have the completed
inventory for the FY 90-91 audit ( to be completed in
September or October , 1991 ) .
7. General Accounting - During the first six months of the
fiscal year , approximately 2, 149 payroll checks and 2,813
accounts payable checks were issued . This represents an
increase of 6.7% and 21 .5%, respectively, from the same
period last fiscal year .
PERSONNEL
1 . Recruitments - A significant number of recruitments were
conducted , primarily in the first quarter . The high number
was due to the increased staff approved in the budget . Of
note were the recruitments for Office Assistant I and
Maintenance Worker I , in which Personnel processed almost
300 applicants in total . In addition, two Engineering
recruitments were conducted , neither of which produced very
good applicants. Overall , recruitments increased more than
• SO percent , and the number of applicants by over 20 percent ,
in 1990 compared to 1989.
2. Health Insurance Premiums - At Council ' s direction, the
Health Insurance Committee was reactivated to try to reduce
premium increases. As a result of their efforts, a new
broker was selected , three different health plans were
offered (compared to two ) , and the City avoided $35,000 in
cost increases. Further refinements may be possible, and
the Committee will resume its efforts in late Spring.
3. Revised Rules and Regulations - The rough draft was received
at the end of the last fiscal year . After Department Head
review, the revisions were submitted to Employee Bargaining
Units. A series of "Meet & Confer meetings with staff and
Employee Representatives have begun, with a final draft for
Council approval not expected until at least late in this
fiscal year .
4. Personnel Actions - A number of personnel actions, ranging
From Reprimand to Termination, developed in the first six
months, resulting in considerable staff time in this
Department as well as in virtually every other Department .
In addition to staff time, the legal cost and costs in terms
of stress (for both the employee and management) cannot be
over emphasized . There are still a few cases remaining .
Most of the others have been resolved .
5. Employee-Employer Relations - Several issues were addressed
and most resolved in this arena. Salary negotiations were
finished in July with SEIU, Mid-Management and Confidential .
Salary surveys, as agreed upon, were conducted for
Department Heads and selected Mid-Management employees and
led to mid-year salary adjustments. A concern raised by the
Sergeants Association regarding the Police Agent was
deferred until negotiations (which will open in Spring ,
1991 ) . A proposal was made on behalf of all Police
Department employees to merge into one Association.
Although the request was not approved , the idea of joint
negotiations was endorsed, subject to mutually agreed upon
ground rules. Further , negotiations may start earlier this
year, to assure agreements are met in a timely manner .
6. RSVP Program - Efforts to establish a Retired Senior
Volunteer Program (RSVP) at City Hall , similar to the very
successful program at Police, were somewhat lackluster . A
volunteer coordinator was found (Mary Green) , but delays in
getting the Information Desk prepared (with computers and
phones) and, in particular , the holiday season, led to a
lack of volunteers. Advertising efforts will continue, and
the effort has at least paid off in the sense that a
brochure of City Services is being developed (as an
outgrowth of organising the Information Desk ) .
RISK MANAGEMENT
1 . Safety Committee - This committee was reactivated in large
part in response to SH 198, new legislation requiring the
creation and maintenance of a safety program. The Committee
members agreed the emphasis should be on Accident Review;
Safety Inspections; and Coordinating Safety Training . The
Committee plans to implement its safety program by
supporting first-line supervisors in their safety efforts.
2. New Claims - After a period of relative inaction 13 new
claims were filed since July 1 . Most are minor in nature,
or represent multiple claims based on a single incident.
One claim involving a vehicle accident does represent
potentially high damages, and it appears the City will be
heavily involved .
c/statusMY
•
•
t
ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT
STATUS REPORT - DECEMBER 1990
1. General Plan Update. On January 8, 1991, City Council
approved the proposal of Crawford, Multari & Starr to under-
take development of an Environmental Impact Report for the
Draft General Plan Update. Responses to the City' s Notice of
Determination have been forwarded and we will be meeting in
the near future to fine tune the work program.
2. Downtown Master Plan. The City Council has held public
hearings and adopted the Downtown Element to the Master Plan,
together with the implementing zoning provisions. In
addition, an interim sign committee has been established to
re-evaluate that component of the plan.
3. Noise Element. Consultants on this City/County effort have
provided preliminary draft language for staff review.
4. SB 547 Unreinforced Masonry Building Program. The first draft
ordinance Has been prepared and wil I he the subject of
discussion at a community forum scheduled for 4:00 p.m. on
January 29th, 1991, in the Rotunda Room.
S. Tree Ordinance. Hearings have been held by the City Council
on the Tree Ordinance and this matter is scheduled for Coun-
cil' s meeting of February 12th, 1991.
6. Condominium Conversion Ordinance. Following public hear-
ings, the City Council adopted this ordinance on second
reading on January 8, 1991.
7. Building Activity. As indicated in the attachments, building
activity totaled $29. 6 million dollars for calendar year 1990.
This was $5. 8 million dollars below the 1989 volume. The
effect of the recession and more stringent banking practices
is evidenced in the fact that some $5.9, million dollars in
permits were ready for pick-up or issuance at the end of the
year.
8. Long-Range Fiscal Analysis. On November 29, 1990, there was
a joint meeting of Council and Planning Commission to con-
sider the final draft of this important document. Staff was
given direction to proceed to the next phase and to bring
forth the General Plan related policies for consideration.
9. Appeals. There was an inordinate number of appeals considered
by the Council in the last half of 1990. Some 13 appeals were
subject. to public hearings. This was the total expected for
a full year.
10. Code Enforcement. Since May 1, 1990, some 230 new compliance
files have been opened, or roughly one a day. In addition,
the Sign Ordinance Compliance Program (banner signs and
sidewalk signs) has achieved some degree of compliance in 100%
of 100+ cases.
11. Pending Special Studies. In addition to the matters noted
above, staff will be working on the following special projects
for the remainder of this Fiscal Year:
(a) Woodland Management Ordinance - This will be a section of
the Tree Ordinance and is tentatively scheduled for
February 19, 1991 before the Planning Commission.
(b) Creek Preserve Protection Ordinance - Background data is
being assembled and is tentatively scheduled for the
second Planning Commission meeting in March.
(c) Subdivision Ordinance Update - This would address various
matters that have proven a problem in the course of
reviewing subdivisions before the City Council.
(d) Parking District - Staff is is doing background research
to develop an ordinance establishing a Downtown Parking
District.
(e) Building Code Amendments - Staff is researching possible
amendments to the Building Code relative to private
sewage disposal systems, water saving plumbing fixtures,
passive fire protection requirements, language responding
to new State law relative to enabling Architects to do
grading permits, and adoption of the 1990 National Elec-
tric Code.
(f) Zoning Ordinance Re-write - This task is necessary (1) to
bring the ordinance into conformance with the updated
General Plan, (2) to revise outdated sections, and (3) to
make the ordinance less cumbersome and more "user
friendly".
(g) Planned Development Re-zoning Criteria - Re-evaluate as
directed by the City. Council at their January 22, 1991
meeting.
(h) Code Compliance Fees - Staff is researching the pos-
sibility of establishing a fee to recover some of the
costs of enforcement activities.
HE:ph
Encls: Planning Applications: Quarterly Status Report
Building Permit Applications: Annual Status Report
Mid-Year Revenue Report: July - December 1990
�
M E M O R A N D U M
TO: Ray Windsor, City Manager January 14, 1991
1
FROM: Henry Engen, Community Development Director A
RE: Quarterly Report - Planning Applications
PLANNING APPLICATIONS: QUARTERLY STATUS REPORT
December 31, 1990
'89-90 ACTUAL
APPLICATIONS BUDGET Y-T-D* PERCENT
Piot Plans (Signs, Parking, etc. ) -0- 7 INF.
Precise Plans 80 100 125%
Conditional Use Permits 35 12 34%
Zoning Amendments 6 8 133%
Variances 1 -0- 0%
Adjustments 15 11 73%
General Plan Amendments 4 5 125%
Lot Mergers 3 5 166%
Parcel Maps 30 31 103%
Tract Maps 10 20 200%
Lot Line Adjustments 15 15 100%
Final Maps (includes LLA' s) 40 44 110%
Certificates of Compliance 5 5 100%
Tree Removals (14 + 20 Heritage) 20 97 485%
Appeals 5 13 260%
Road Abandonments -0- 3 INF.
Road Name -0- 2 INF.
Year-To-Date: January 1 - December 31, 1990 100% of the Calendar
Year
MEMORANDUM
TO: Ray Windsor, City Manager January 10, 1991
FROM: Henry Engen, Community Development Director
RE : Annual Report- Building Permits
BUILDING PERMIT APPLICATIONS: ANNUAL STATUS REPORT
JANUARY —DECEMBER 1990
PERCENT
APPLICATIONS 1989 1990 CHANGE CHANGE
Major Permits 182 127 -55 -30;
Minor Permits 633 534 -99 -15;
Total Permits 815 661 -154 -18$
Valuation $35.4 mill. .$29.6 mill. $ 5.8 mill. -16%
Single Family 169 units 111 units -58 -34%
residence
Multi-family 10 units 10 units 0 - 0%
residences
Single family
square ft. 391,991 ft2 248,491 ft2 -143,500 -36;
Multi-family
square ft. 10,312 ft2 11,354 ft2 + 1,042 +10%
Non-residential
square ft. 102,533 ft2 . 83,912 ft2 18,621 -Isk
Total sq. ft. 504,836 ft2 343,757 ft2 -161,079 -31%
MID-YEAR REVENUE REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
JULY - DECEMBER 1990
190-91 1-1-91
REVENUE TYPE BUDGET Y-T-D
Construction Permits 375,000 $ 167,319 45%
Grading Permits 1,200 980 82%
Plan Check Fees - 99,000 501415 51;
Misc. Building Fees 6,558 450 7%
Demolition Permits 300 150 50%
Mobile Home Permits 800 0 0%
House Moving Permits 350 350 100%
Compliance Survey Fee 2,400 800 33%
Building Division $ 485,608 $ 220,464 45%
General & Specific Plans $ 2,800 $ 700 25%
Zoning Fees 31,775 7,450 23%
Subdivision Fees 29,805 12,355 42%
EIR Fees 6,000 0 0%
Tree Removal Permits 700 245 35%
Other Planning Permits 2,200 410 19%
Appeals 11274 1,300 102%
Sala of Maps/Publications 3,000 859 29%
Planning Division $ 77,554 $ 23,319 30%
COMMUNITY DEVELOPMENT $ 563,162 243,783 43%
REPORT TO CITY COUNCIL Agenda Item:
CITY OF ATASCADERO
Through : Ray Windsor , City Manager Meeting Date: 2/26/91
From: Mark Joseph , Administrative Services Directoril`'
SUBJECT: Mid-Year Budget Adjustments
RECOMMENDATION: Staff recommends Council review the adjustments
noted in this report and direct staff to bring back the necessary
resolution for adoption.
DISCUSSION
This report assesses where the City' s General Fund is at , as
of December 31 , 1990. Overall , some revenues are up and some are
down, but the "bottom line" is that the total revenue projection
is on traget . Appropriations within Departments do not need
specific adjustments at this time, even though some accounts
within a spcific department budget may need fine tuning . As in
the past these adjustments will ultimately be made as part of the
year close out .
Some overall allocations are necessary, and will be
discussed below.
Revenues - Table A identifies the major revenues for the General
Fund , including original estimate, actual as of 12-31-90 and
projected . The biggest drops in revenue are in the areas of
property transfer tax and construction permits. Both reflect the
slowdown in the construction industry. Modest increases are
shown in Property Tax and Interest Earnings. This is the result
first, of the conservative method of estimating revenues and
second , in the case of interest , the efforts on the part of the
Treasurer and staff to earn interest on our checking account.
The end result , however , is that we do not expect any
significant changes from our original estimate of approximately
$7. 1 million in total revenues.
Expenditures - As the attached memos from Department Heads
report , no specific increases are recommended at this time.
Table B compares Departmental budget-to-actual figures after six
months (General Fund portion only) . Most are running over 50
percent , thus explaining the need to reassess the budget near the
end of the fiscal year . ( In addition, many expenditures occur in
the first half of the year, with cash flows slowing in the second
half) .
Certain overall adjustments are recommended . These are
identified as follows:
1 . Salary Adjustments - The FY 90-91 budget assumed an overall
5 percent COLA adjustment. Actual increases for clerical
and certain mid-management positions were in fact higher and
carne after adoption of the budget . As a result , a number of
operating departments need to receive additional
appropriations. Generally Departments effected are those
with a relatively small staff of mostly clerical or mid-
management employees.
Specific amounts are listed below:
City Manager $4,000
Community Development 6,000
Recreation 2,000
Administrative Services 8,000
TOTAL $20,000
2. Water Study - Council approved the water study in an amount
not to exceed $10,000. The project was not anticipated at
budget time and funding does not exist elsewhere in Public
Works.
3. Supplemental E. I .R. Costs - The E. I .R. for the general plan
was budgeted at $15,000. After competitive bids were
received , the actual contract authorized by Council was
$30,000.
4 . Solid Waste/Recycling Education - Part of the agreement
arrived at after Council ' s second public hearing on Solid
Waste (January 22, 1991 ) , was to set aside monies for public
education on recycling. Staff recommends an amount of
$7,500. (See memo from Greg Luke attached. )
5. Reappropriating the prior year ' s reserve for encumbrances
This is an accounting technicality. Proper accounting
principles require items be expensed when received ( in FY
90-91 ) , even though they were budgeted in FY 89-90. Re-
appropriating the encumbered amounts avoids penalizing a
Department ' s current budget. In addition, the fund balances
reported in the annual audit includes the encumbered
amounts. Thus, there is no negative impact on the fund
balance.
The total encumbered amount Citywide is just under $500,000
(mostly the carryover on the Police Facility project ) . Of
that amount , roughly $40,000 belongs to the General Fund .
To summarize the adjustments requested (General Fund Only) -
Salary Adjustments $20,000
Water Study 10,000
E. I .R. Supplemental 15,000
Solid Waste Education 7,500
Reappropriating Encumbrances 40,000
TOTAL $92,500
Because of the technical aspects of encumbrances, the actual
cost to the General Fund in this fiscal year is only $52,500.
County Impact on City ' s Financial Picture
Some concluding remarks are in order regarding the County ' s
implementation of SB 2557. The two areas of concern are the
Property Tax Administrative Fee and the Jail Booking Fee. The
latest estimate from the County is that the former will cost us
about $60,000 and the latter , $80,000 -- a total of $140,000
annually. In addition, we have been informed that the County
wishes to virtually double our Animal Control contract , from
$36,000 to $71 ,000 per year .
Needless to say, the cost of absorbing these increases would
be devastating . Initial indications from County Staff suggest
that these new charges would be billed next fiscal year , but , in
the case of SB 2557 fees, they will recommend that the effective
date be retroactive to July 1 , 1990. Obviously the cities and
school districts in the county will vigorously oppose this.
In response, the City can consider a number of alternatives.
First , with the new Police Facility, we should be able. to
mitigate booking fees by actively utilizing our Detention
Facility. Second, there have been some preliminary discussion
with staff from Paso and Atascadero about a joint animal control
program in the North County (and thereby discontinuing the County
contract ) . Third, from an offsetting revenue standpoint, staff
will be presenting to Council requests to update various fees and
charges, some of which have not been changed in over 5 years.
In accordance with the memo from Greg Luke attached , the
City could , and probably should , reevaluate the present
arrangement of providing reclaimed water from our Treatment Plant
to County facilities at no cost . This could generate as much as
$100,000 annually, depending upon how you calculate costs ( it
should be noted that this revenue would go to the Sewer Fund and
not the General Fund ) .
•
TABLE A: FY 90-91 REVENUE PROJECTIONS AS OF DECEMBER 31 , 1990
(General Fund Only)
Revenue Estimated Actual Projected
Property Tax 2,050,000 1 ,236, 131 2, 100,000
Sales Tax 1 ,850,000 899,977 1 ,850,000
Transient Occupancy
(Bed ) Tax 110,000 60, 184 110,000
Property Transfer Tax 60,000 19,614 40,000
Franchise Fees 330,000 31 ,592 350,000
Other Taxes 1 ,230 662 1 ,230
Licenses and Permits 486,585 226,723 450,000
Motor Vehicle In-Lieu 860,000 409, 116 850,000
Cigarette Tax 35,000 23,612 40,000
Other State Subventions 60,900 5, 109 50,000
Other Intergovernmental 425,700 71 ,065 425,700
Recreation Fees 270,200 135,750 270,200
Planning & Inspection Fees 192,612 73,262 92,612
Other Fees 37,800 27,420 40,000
Fines and Penalties 11 ,550 6,412 12,000
Interest and Rents 127,200 396,578* 155,000
Miscellaneous Revenues 23,500 18, 141 25,000
Transfers In:
Traffic Safety 72,500 27,070 60,000
Dial-A-Ride 19,000 8,250 19,000
Wastewater 88,400 43,500 88,400
TOTAL 7, 149,227 3,720, 168 7,166, 192
*Interest reflects total earnings on all invested funds, since
revenues have not been distributed at this time. Estimated
interest earnings to date is $80,000.
•
TABLE B: FY 90-91 BUDGET VS. ACTUAL BY
DEPARTMENT, AS OF DECEMBER 31 , 1991
(General Fund Only)
Percent
Department
Budget Actual Spent
'
Council
40,795 16,635 40.8
575 45.4
City Clerk 47,500 21 , 23.3
City Treasurer 3,765 879
571 59.3
City Attorney 65,000 38, 51 .3
City Manager 129, 175 1 ,035,799 50.4
586
Police 2,053, 140 49.7
Fire 1 , 146,770 569,664
P.W. /Engineering 367,480 181 ,787 49.5369,996 47.8
Community Devel . 773,410
Parks, Rec . & Zoo 29,036 53.8
Admin. 53,985 234,034 63.4
Recreation 368,970 167,064 48.6
Parks 344,005 86,762 43.3
Facilities 200,525 10 49.3
Streets 460,565 227, 90
743,906 52. 1
Subtotal 1 ,428,050
Admin. Services 60,975 53.2
Personnel 114,625 186,979 68. 1
Finance 274,400 260,965 84.9
Risk Mgmt. 307,300 508,919 73. 1
Subtotal 696,325
416 66.8
Non-Department* 629,393 420, _--
C.O.P. Debt Serv. 96,000 ----
Transfers Out: 71 ,802 41 .4
Zoo 173,600
_0_
Capital 196,000 ------ ,
TOTALS 7,846,393 4,046,534 51 .6/,
*Non-Department includes equipment replacement vehicles
c/myad3ust
MEMORANDUM
TO: Ray Windsor, City Manager
FROM: Greg Luke, Director of Public Works
SUBJECT: Funding for Recycling Education/Information Program
DATE: February 15, 1991
On January 22, 1991 the Council adopted staff's
recommendations initiating a year-long project to implement an
Integrated Waste Management Program which includes a comprehensive
recycling program. Item #7 of the staff report called for staff to
prepare a budget for an Education Program to inform people of the
importance of recycling.
The initial phases of the recycling program will concentrate
on the collection, processing and reuse of green material. To
inform residential customers about this program and generally
educate the residents about the importance of recycling solid
waste, a public information program has been drafted.
Basically the program includes:
(1) A brochure to be mailed to residential customers
(2) A sticker/tag campaign to be applied to trash cans
(3) A "Question and Answer" sheet on a variety of recycling
subjects
(4) Signs on the Green Waste pickup vehicle
(5) A Recycling information phone number, manned by volunteers
(6) Miscellaneous press releases and media coordination
The proposed budget for this Education/Information program is
$7500.00.
MEMORANDUM
TO: Ray Windsor, City Manager
FROM: Greg Luke, Director of Public Works
SUBJECT: Use of Reclaimed Water
DATE: February 13, 1991
(Note: The attached October 22, 1990 memorandum provides backup
material which relates to this memorandum, see "Question 411)
The question has been raised regarding a reasonable price to
charge for reclaimed water which is delivered to Chalk Mountain
Golf Course. This question has no clear answer because
philosophies behind water pricing structures are so divergent.
For example, it can be argued that since the Chalk Mountain
Golf Course cannot buy water from the Atascadero Mutual Water
Company, reclaimed water is the only source of water. Therefore,
the price could be raised to a level where golfers no longer are
willing to pay the golf course's increased green fee. This is a
true "free market" approach.
Conversely, since no other major user other than the golf
course is set up to use reclaimed water, the water will be lost to
percolation if not used for golf course irrigation. This "marginal
cost" approach is the method currently used for pricing; that is,
the golf course simply pays for our extra expenses to supply water.
Probably a fairer, and more defensible pricing method is to
set the price of reclaimed water as a percentage of the price of
domestic water. The reasoning for this approach is that reclaimed
water is poorer quality and requires special handling procedures.
Therefore, it is of lesser value than regular domestic water.
Reclaimed water must also be pumped into the irrigation
distribution system (at a cost of about $30/acre-ft) , whereas
domestic water is delivered under pressure and need not be pumped.
Following this logic, the price of domestic water will soon be
$1.00/100 cu.ft. or $435/acre-ft. Subtracting $30/acre-ft for the
cost of pumping yields $400/acre-ft. Assume reclaimed water is
priced at 75% of the price of domestic watery This yields a final
price for reclaimed water of $300/acre-ft (755% of $400) . To
complete the calculation, the 110 million gallons (or 340 acre-ft)
per year of irrigation water could be sold to the golf course for
about $100,000/year.
MEMORANDUM
TO: Ray Windsor, City Manager
FROM: Greg Luke, Director of Public Works
SUBJECT: City Council Questions Concerning Water Supply
DATE: October 22, 1990
The recent water emergency has raised questions from various
Councilmembers regarding interaction between the City's planning
activities and the water supply. The purpose of this memorandum is
to address some of those questions based on the best information
that is currently available to staff. Because the subject of water
supply has only recently been studied by staff, some of the data
and calculations may be imprecise or incomplete. The intent is to
shed light on the questions as we presently understand them, not to
purport to be the indisputable final answer.
Ouestion 4 .
How much reclaimed water can be used to replace potable water?
What facilities are needed to use reclaimed water?
The Atascadero Wastewater Treatment Plant currently treats an
average of 1.2 million gallons per day of wastewater. The water is
treated to a secondary level and disinfected. The State Department
of Public Health allows this water to be used for irrigation in
areas where public access is restricted. The irrigation of golf
courses at night and freeway landscaping meets this criteria.
Currently the treated wastewater cannot be used on parks, school
grounds or anywhere the public has reasonable access.
Reclaimed water for parkland irrigation requires a higher
level of treatment than is currently available at the treatment
plant. To use reclaimed water on an unrestricted basis requires
either 1) chemical treatment with filtration and additional
disinfection or, 2) percolation into the ground then extraction by
wells followed by additional disinfection. Because the Atascadero
Treatment Plant already has large percolation beds, the second
treatment alternative (percolation and well extraction) could be
installed relatively easily. A rough estimate of the cost of the
well system is approximately $100,000.
With respect to waste water availability, the treatment plant
produces approximately 400 million gallons per year of reclaimed
water. The Chalk Mountain Golf Course consumes about 110 million
gallons per year for irrigation. Based on these figures, 290
million gallons per year could be available for other uses if the
higher level of treatment is installed.
Unfortunately, while the golf course consumes a daily average
of about 0.3 million gallons per day, the peak summertime demand is
almost 1.0 million gallons per day. Thus during the summer the
golf course consumes almost all of the reclaimed water produced.
Only about 0. 1 million gallons per day is available for other
purposes during the summer.
Additional reclaimed water could be made available by
constructing a large storage reservoir. The reservoir would store
reclaimed water produced during the winter months for use during
summer months. For example a storage reservoir with a surface area
of 40 acres and an average of 10 feet deep could store sufficient
reclaimed water to yield an extra 0.8 million gallons per day of
water. A storage reservoir of this size would cost between $1
Million and $2 Million.
By installing a system which uses the percolation and well
extraction method of treatment it is possible to store some of the
water in the underground aquifer. That is, percolate in the winter
and extract during the summer. Theoretically, underground storage
would help meet the peak irrigation demands. In practice, the
concept would require a detailed analysis to determine the
feasibility of such a concept.
Finally, implementation of a viable reclaimed water system
requires a substantial distribution system. Pipes, pumps,
irrigation equipment and the permits to operate the system must be
in place to use reclaimed water. Water trucks which carry 1500-
5000 gallons of water cannot make an impact on overall water
demand. To be truly functional the distribution system must be
capable of carrying large quantities of water to the large
irrigation areas such as parks, agricultural fields and school
grounds.
The cost of a minimal distribution system would be about
$500,000.
MEMORANDUM
• TO: Ray Windsor, City Manager
FROM: Greg Luke, Director of Public Works
SUBJECT: Mid Year Budget Review
DATE: February 8, 1991
I have reviewed the current status of my budget. In general
we are on budget. Let me point out a few peculiarities.
1. Dial-A-Ride The original budget for Dial-A-Ride vehicle
repair was $25,000. At mid-year we have expended almost
the full amount. Several reasons account for this
overrun: (1) increased ridership resulting in increased
miles traveled and increased maintenance and (2) an
extra, older bus was kept on-line for approximately 6
months longer than originally planned to take advantage
of its larger carrying capacity. I recommend an
additional $15,000 be transferred to this account from
Local Transit Funds.
2. Sewage Treatment Plant
(A) Because of the drought we have delivered more
. reclaimed water to the Chalk Mountain Golf Course
resulting in an increase of $7,000 for chemicals used in
disinfection.
(B) The hazardous waste spill (i.e. buried barrels) cost
$14, 000 to clean up.
(C) Pump Station 12 had an emergency force main
replacement costing $33,000.
We have budgeted an Emergency Contingency Fund of $65,000
to cover these unexpected expenses. Therefore no
budgetary action is required.
3 . Encrineering Division
(A) The Engineering/Professional Services Account is
approximately $12,000 over budget. This was caused by the
need to hire contract services to perform functions
necessary because of staff vacancies. This deficit is
more than offset by salary cost savings.
(B) The Creekway Mapping Program should be budgeted with
$20, 000 to complete the work. The Water Study should be
officially funded with the $10, 000 approved by Council as
well as the $6,000 approved for the 3-F Meadows Road
• Assessment District.
•
M E M Q R A N D U M
Date: February 12, 19991
To : Ray Windsor , City Manager
From: Mark Joseph , Administrative Services Director
Subject : Mid-Year Budget Adjustments
Based on my review of the Personnel , Finance and Risk
Management budgets, I believe the collective "bottom line" will
stay in the black . It may require some transfers between
divisions and deferring some projects (such as microfiching
documents) until next fiscal year .
A final review near the end of the fiscal year would be in
order to make the necessary transfers.
M E M O R A N D U M
• TO: City Manager Ray Windsor
FROM: Chief of Police
SUBJ: Mid-Year Budget Review
DATE: Feb. 1, 1991
In keeping with the mid-year budget review, I offer the
following relating to the police operating budget.
As you will note in the finance department's computerized
budget report, as of December 31, 1990, our department has
expended 52% of our allocated 1990-91 budget.
Most of the estimates we made concerning operating costs
related to our new facility were accurate while some
categories were under-estimated as we attempted to submit a
near baseline budget last year.
We will make every attempt to stay within the "bottom-line"
budget allocation this year as in years past. As is always
the case with the P.D. , our function is labor intensive,
thus most of our expenditures are personnel-related. Our
overtime account, for example, is 78% spent at the half-way
. point. This is a trend which has become typical as our
department continues to experience an increase in calls for
service (9% in 1990) along with a 23% increase in arrests in
the same year. In addition to the high service demands, we
almost always have a personnel vacancy in our sworn ranks
which has been an industry-wide problem in law enforcement.
One creative approach many cities are now practicing to
combat the vacancy/recruiting problem is to "over-hire"
police officers. Example: we are currently authorized 28
sworn officers. In an "over-hire" plan, we simply employ
one additional officer over the allocation with the
continuing assumption that vacancies will occur during the
fiscal year which will offset the needed funding, thus the
budget remains within the bottom-line authorized by Council.
(Another reason for this approach is that it takes about 3
months to process and hire a new police officer! )
Once again, we'll endeavor to stay within our budget
allocation this fiscal year.
RICHARD H. McHALE
RHM:sb
cc: Admin. Svs. Dir. Mark Joseph
MEMORANDUM
•
®ATE: 2/12/91
TO: Ray Windsor, City Manager
FROM: Mike Hicks, Fire Chief
SUBJECT: 1990/91 mid-year budget review
Although there may have been expenditures beyond budgeted figures in
some accounts, additional funds are not requested at this time, however
adjustments may be necessary later in the year in the personnel category
due to unexpected personnel issues.
y _ L
MIKE HICKS
MH:pg
•
M E M O R A N D U M
TO: Mark Joseph, Administrative Services Director
FROM: Henry Engen, Community Development Director
RE: Mid-Year Budget Request
DATE: February 1, 1991
In response to your January 22, 1991 memorandum, I evaluated our
end-of-year expenditure report and believe that, with internal
adjustments, we can stay within the current budget to accomplish
our current work program.
HE:ps
M E M O R A N D U M
DATE: February 13, 1991
TO: Ray Windsor, City Manager C
FROM: Andrew J. Takata, Director
Department of Parks, Recreation and Zoo
SUBJECT: MID YEAR BUDGET REVIEW
As per your request, staff has reviewed the present budget and
feels that we can remain within the guidelines of the budget. The
following are some areas which may require adjustment by the end of
the fiscal year as follow:
1. Travel/Meetings in Administration Division: Due to a total of
four Parks and Recreation Commissioners choosing to attend the
California Park and Recreation Society annual Conference, expenses
could cost up to $1, 500 over the originally budgeted amount.
is 2. Radio Service Line Item: Due to several problems with the
City's frequency repeater, emergency repairs exceeded present
budgeted amount.
In both cases, we will make every effort to absorb these additional
costs in our present budget.
Please let me know if you have any questions or comments regarding
the above.
i
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item:
Through : Ray Windsor , City Manager Meeting Date: 2/26/91
From: Mark Joseph , Administrative Services Director
SUBJECT: Five Year Capital Plan
RECOMMENDATION: Staff recommends Council endorse, by motion, the
attached five-year Capital Improvements (CIP) Plan, recognizing
that actual Capital Improvement Projects and dollar amounts are
subject to inclusion in any given fiscal year budget .
DISCUSSION:
The attached spreadsheet is in fact an update of the
original five year plan adopted some two years ago at the time we
phased out the 50m . Developer ' s Tax as a result of AB 1600. In
addition, the City ' s CIP Plan requires review by the Planning
t• Commission for consistency with the General Plan.
Department Heads will also be available to explain or
clarify specific projects shown.
Gas Tax - Up until this time, this revenue source has been used
almost exclusively for road improvements. However , it may be
appropriate to reevaluate how we spend Gas Tax (and , to a lesser
extent , LTF/non-Transit revenues) . First is the fact that both
funds have grown to almost $900,000. This is primarily due to a
delayed fall prograin, the result of both problems in timely
scheduling as well as a desire to have Council review the
prioritization of these funds, in conjunction with all the other
eligible projects subject to Gas Tax .
Perhaps the greatest concern by staff relates to the Lewis
Avenue Vehicular Bridge, and whether or not , as a result of
reallocating Gas Tax monies, this project could be brought
forward by several years. As it is, staff is showing
construction to begin at the end of the fifth year (FY 94-95) , as
opposed to 10 years, in the prior plan. Concurrent with this is
a recommendation from staff, based upon the increasing negative
reaction to the Atascadero Creek Pedestrian Bridge, to roll the
$60,000+ budgeted into the Lewis Avenue Bridge, bearing in mind
that a pedestrian crossing will be a part of the new bridge.
i
A second reason to re-evaluate Gas Tax spending plans ,
relates to how these monies may be used as "seed money" for
Assessment Districts, as Greg Luke' s attached memo suggests. Of
particular interest is the 3-F Meadows area and the Wells
Fargo/Private Roads issue.
General Fund Support - With respect to capital items reflected in
Police, Fire and Parks/Recreation, we should point out that their
timing is heavily dependent upon our ability to supplement
whatever grants and/or developer fees, with the General Fund .
Our concern, of course, is that , depending on timing , the General
Fund may have to initially absorb a greater share of some of
these projects than we would otherwise have recommended .
Assuming that, for whatever reason, Council sees fit to place
greater emphasis on other projects which might encumber the
General Fund ( i .e. , land purchases) , then this might well
necessitate a deferment of one or more of these capital projects
requested by Police, Fire or Parks/Recreation. Such questions
will , of course, have to be reconciled as part of future fiscal
budgets.
Administration Building Renovation - This is a combination of
•
the $84,500 already budgeted for office remodels and monies for
Rekeying ($5,000) and the new Downtown Streetlights ($3,000) .
c\5yrcapital
• MEMORANDUM
TO: City Council
FROM: Greg Luke, Director of Public Works
SUBJECT: City/School Committee Recommendation Regarding Proposed
Atascadero Creek Pedestrian Bridge
DATE: January 3, 1991
At the December 20, 1990 meeting the City/School Committee
discussed the proposed pedestrian bridge. The discussion was
rather informal. Dr. Avina and others restated the concerns that
have been expressed about the so called low water crossing (see
attached memo) . Concerns included the possibility of vandalism, a
convenient "hang out" for teenagers and the overall need for a
pedestrian crossing at the proposed location.
One of the original purposes for the pedestrian bridge was to
link the Century Plaza Shopping Center with the downtown shopping
district and the schools. However, with the recent completion of
Creekside Lanes Bowling Alley groups of young people have been
congregating in the area. As a consequence, policing the creekway
has become increasingly difficult.
The congregation of youth and the associated policing problems
have drawn into question the wisdom of spending $60,000 on a creek
crossing that could be more of a problem to the community than a
benefit. Most members of the Committee felt that constructing the
Lewis Avenue Bridge would serve both traffic and pedestrian travel
much better than a low water creek crossing.
Dr. Avina stated that the District would cooperate with the
City to allow construction of the pedestrian bridge. However, he
also stated that the District would not be responsible for any
liability, policing or damage that might occur because of the
bridge.
NOTE: I since have talked with Gaylen Little and relayed the
concerns of the School Committee. He too was skeptical of the
low water crossing as it relates to some of the youth problems
being experienced at Creekside Lanes. Gaylen said he would
speak with Dr. Avina.
• MEMORANDUM
TO: Ray Windsor, City Manager
FROM: Greg Luke, Director of Public Works
SUBJECT: Possible use of Gas Tax Funds to Supplement
Assessment Districts
DATE: February 19, 1991
I have received a request that Council consider the use of Gas
Tax revenue to help defer the cost of a private road improvement
project. The main source of funds would be from an assessment
district which would be paid for by the residents of the area.
Thus, the proposal is to share the cost of the project using both
City Gas Tax Funds and bonds sold by the assessment district.
The concept of sharing costs provides an incentive for the
residents to go forward with an assessment district. Upgrading
private roads and bringing them into the City-maintained road
system is a worthy goal. With most of the funds provided by local
residents through an assessment district, the City is solving a
public safety problem relatively inexpensively. Of course, area
residents also would benefit by having both better roads and
routine city maintenance.
By providing gas tax money the City is establishing a
precedent for future cost sharing programs. This may encourage
more road improvement assessment districts in the future, but it
may also drain heavily on the Gas Tax fund.
If the Council wishes to examine this cost sharing option
further, I recommend:
1. Staff closely examine the regulations on the use of Gas
Tax funds to insure the cost sharing proposal is loot
legal; and
2. Staff prepare a cost analysis showing the financial
impact of this project and future projects on the gas tax
fund.
3 . Based on the cost analysis recommended in Item 2 Council
should establish a fixed ratio for sharing funds.
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MEETING AGENDA
DATE 7/96/()i ITEM/ A-1
,...
•
# NOTE: THE MINUTES OF THE CITY COUNCIL'S FEBRUARY 12TH MEETING
WERE NOT AVAILABLE AT THE TIME OF AGENDA PREPARATION
AND WILL BE DISTRIBUTED AT A LATER TIME.
MEETING AGENDA
DATE-2426492 ITEM
CITY OF ATASCADERO
CASH ACTIVITY SUMMARY
TREASURER'S REPORT
FOR THE MONTH OF JANUARY 1991
BEGINNING CASH RESOURCES $7,571,683.52
ADD:
RECEIPTS $668,970.77
OTHER TRANSFERS/MISC. ADJUSTMENTS $233,884.70
LESS:
DISBURSEMENTS $1,028,942.11
---------------
ENDING CASH RESOURCES $7,445,596.88
FUND 501-CONSTRUCTION FUND
(A) (B) RFMAINING
TYPE OF REVENUE OR EXPENSE COUNCIL ACTUAL REVENUE ENCUMBRANCES TQTAL (A+B) Fl)ND
AUTHORIZED OR (EXPENSE) BALANCE
ROCEEDS 2,0009000.60 2,000,006.140 0.00 2,000,000.00 2,000,000.00
ANEST EARNINGS 80,000.00 85,000.00 0.00 85,800.00 2,085,000.00
CLOSING COSTS (110,000.00) (109,078.60) 0.00 (109,078.00) 1,975,922.00
FUND RESERVE (194,000.00) (194,000.00) 0.00 (194,000.00) 1,781,922.00
POLICE FACILITY (1,350,000.00) (1,345,472.06) (11,000.00) (1,356,472.06) 425,450.06
PAVILLION-PHASE I (218,900.00) (213,678.50) (5,221.50) (278,900.00) 206,550.00
------------- -------------- ---'---------- ------------- -- ----
BALANCE AVAILABLE-PAVILLION PHASE 1I 207,100.00 222,771.50 (16,221.50) 206,550.00 206,550.00
FUND 301-TREE PLANTING TRUST
BEGINNING FUND BALANCE 13,390.95 13,390.95 0.00 13,3914.95 13,390.95
ADD: REVENUES-YEAR TO DATE 0.00 22.15 0.00 22.15 13,413.10
LESS: EXPENDITURES-YEAR TO DATE (8,248.00) (8,248.00) 0.00 (8,248.00) 5,165.10
------------- ------------- ------------- ------------- -- --------
BALANCE AVAILABLE-TREE PLANTING TRUST 5,14.95 5,165.10 6.00 5,165.10 5,165.10
CITY OF ATASCADFRO
TREASURER'S REPORT
SCHEDULE OF CASH AND IMVFSTMENTS
AS OF JANUARY 1991
Origination Maturity Interest Month's N Intsrpet
Name Amount Date Date Rate Interwst Yr-to-Date
L.A.I.F. 7,235,606.00 ~� NIA N/A 8.16X 138,91x(.13 2.67,3'.'5..64
Century Federal Savings 99,888.00 10/16/90 10/11/91 8.45X 720.36 2,509.64
Bank of Hew England 99,000.60 10/25/99 82/21/91 6.63X 0.60 1,34.6.80
Mid State Bank 11,746.88 N/A N/A 5.71% 1,136.70 4,761.39
Petty Cash 856.88 M/A N/A M/A N/A N/A
TOTALS 7,445,596.88 146,773.19 275,982.67
Keysz M/A (Mot Appicable)
L.A.I.F Interset Paid Quarterly
I certify that this report reflects all Governmental Agency ponied
investments and is in conformity with the Investment Policy of
the City of Atascadero as stated in Resolution No. 126-96 dated
12/11/90. A copy of this Resolution is available at the Office
of the City Clerk. The Investment Program herein shown provides
sufficient cash flow liquidity to meet next month's estimated
expenditures. f
Muriel Korb&, City Treasurer
•
M E M 0 R A N D U M
To: City Council Members
From: Mark Joseph, Administrative Services Director
Through: Ray Windsor, City Manager
Subject: Notes to City Treasurer' s Report
Date: February 20, 1991
On February 8, 1991 , the City of Atascadero received $616 . 00 in
interest earnings from the Bank of New England. The interest
earnings were for the period January 1991 and will appear on next
• month' s Treasurer' s Report.
The Certificate of Deposit with the Bank of New England will mature
on February 21 , 1991 . The City has been informed and assured that
both principal and interest earnings will be wired to the City' s
Mid-State Bank account on February 21 , 1991 .
The monthly Treasurer' s Report has been modified to present a more
accurate picture of the City' s overall revenue activity. In
addition, there were some revenue adjustments made in January to
reverse out prior year revenues received during the current fiscal
year 1990-91 . The revenue accounts adjusted were accounted for
under the accrual basis of accounting, as required by generally
accepted accounting principles .
RH: cw
..
CITY OF ATASCADERO
SCHEDULE OF DISBURSEMENTS
FINANCE DIRECTOR'S REPORT
FOR THE MONTH OF JANUARY, 1991
DISBURSEMENTS:
Hand Warrant Register for January, 1991 $74,999.27
1/10/91 Accounts Payable Warrants 211 ,021 . 18
1 /16/91 Accounts Payable Warrants 55,585.04
1/25/91 Accounts Payable Warrants 136, 179.77
1 /31/91 Accounts Payable Warrants 167,693.75
Service 'Charge - Mastercard/VISA 30.00
1 /2/91 Payroll Checks 103122 - 103289 131 , 190.75
1/16/91 Payroll Checks 101-269, 276 & 277 129,705.70
1 /30/91 Payroll Checks 305-454, 460-476 129, 165. 12
TOTAL $1 ,035,570.58
LESS:
Voided Check #55306 $ 5, 109.71
Voided Check #301133 784 .08
Voided Check #106 136.45
Voided Check #376 598.23
SUB-TOTAL VOIDED CHECKS $ 6,628.47
TOTAL DISBURSEMENTS $1 ,028,942. 11
I , MARK A. JOSEPH, do hereby certify and declare that
demands enumerated and referred to in the foregoing register are
accurate and just claims against the City and that there are
funds available for payment thereof in the City Treasury. The
breakdown detail on all acocunts is available for your viewing in
the Finance Office.
MARK A. JOSEPH dmini trati_ve Services
erector
c/directrpt
CITY OF ATASCADERO
SCHEDULE OF CASH RECEIPTS AND TRANSFERS
FOR THE MONTH OF JANUARY 1991
CASH RECEIPTS: CURRENT MONTH YEAR TO DATE ANNUAL BUDGET X RRCET.VED
BED TAX 22,473.14 53,109.58 110,000.00 48
CIGARETTE TAX 2,963.74 26,575.66 35,000.00 75
GAS TAX RECEIPTS 50,324.53 223,511.76 394,100.00 56
MOTOR VEHICLE IN-LIEU 66,234.14 475,350.46 860,000.00 5J
PROPERTY TAXES 81,448.83 1,322,688.62 2,110,900.00 62
PROPERTY TRANSFER TAX 4,820.17 24,434.09 60,000.00 40
SALES TAX 134,700.00 1,034,676.70 1,850,000.00 55
A.D. *3-ATAS. LAKE-MARCHANT 3,417.00 4,060.50 6,420.00 64
A.D. *4-SEPARADO/CAYUCOS 3,517.42 52,320.83 102,233.00 52
A.D. #5-CHANDLER RANCH 2,348.30 23,855.54 41,000.00 Fj8
B.I.A DUES 219.00 3,139.00 0.00 --
DEVELOPER FEES 5,475.72 294,262.60 675,600.60 43
DIAL-A-RIDE 3,319.64 82,561.49 34,000.00 242
FINES/PENALTIES/OVERAGES 1,446.68 7,831.25 11,550.00 67
FRANCHISE FEES 5,193.55 36,785.05 330,000.00 11
INVESTMENT EARNINGS 140,775.19 400,898.56 364,150.00 1.1.0
LICENSE/PERMIT/FEES 26,294.25 326,147.16 668,197.00 48
MISCELLANEOUS 1,695.19 6,450.99 1,000.00 380
PARK PAVILLION DONATION 570.00 600.00 0.00 --
PARKS AND RECREATION FEES 28,824.05 164,737.80 272,400.00 60
POLICE SERVICES 12,439.01 72,461.27 118,200.00 60
POST REIMBURSEMENT 2,164.04 10,679.40 30,000.00 35
RENTS/CONCESSIONS 66.73 20,664.71 52,650.00 40
SALES-MAPS/PUBS/REPORTS 45.70 905.40 3,000.00 30
SANITATION FEES 33,855.54 448,461.25 666,620.00 67
STREET AMINTENANCE DISTRICTS 828.29 5,014.81 11,700.00 42
TDA RECEIPTS 0.00 100,595.75 402,521.00 25
TREE TRUST FUND 6.00 22.15 700.00 3
WEED ABATEMENT 20,025.70 43,609.65 30,000.00 145
ZOO RECEIPTS 133.00 30,772.82 71,000.00 43
--------- --- - --- ------- - --- ------ ----------
TOTAL 655 618.55 5,297,184.85 9 312 941.00 56
OTHER CASH RECEIPTS:
PROCEEDS FROM SALE OF LAND 0.00 114,587.40 63,500.00 180
PROCEEDS FROM SALE OF FIXED ASSETS 0.00 2,600.00 0.00 --
REIMBURSEMENT TO EXPENSE 855.76 8,266.14 16,500.00 s0
PERS SURPLUS 12,496.46 12,496.46 277,300.00 4
------ ------------- ------ ----------
TOTAL OTHER CASH RECEIPTS 13,352.22 137,950.00 357,300.00 38
TOTAL REVENUE: 668,970.77 5,435,134.85 9,670,241.00 57
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-4
Through: Ray Windsor, City Nanager Mtg. Date: 2/26/91
From: Henry Engen, Community Dev. Dir. 1* File No: ZC 5-90
SUBJECT:
Zone Change 5-90 - to amend existing LS (Special Recreation) zoning
to PD7 (Planned Development No. 7) Overlay Zone at the Cortez
Avenue Extension (Lot 3, Pine Mtn. ) - David & Brenda Noakes (RRM
Design Group)
BACKGROUND:
On February 12, 1991, the Atascadero City Council conducted a
public hearing on the above referenced subject _and approved
Ordinance No. 218 on first reading.
RECOMENDATION:
Adoption of Ordinance No. 218 on second reading to r effect th e vote
of the City Council at the February 12 , 1991 meeting.
HE:ps
Attachment: Ordinance No. 218
cc: David and Brenda Noakes
RRM Design Group
ORDINANCE NO. 218
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 7 OF THE OFFICIAL ZONING
MAPS BY REZONING THAT CERTAIN REAL PROPERTY DESCRIBED AS LOT 3,
PINE MOUNTAIN PARR OF ATASCADERO, RECORDED IN BOOR 4 AT PAGE 76,
SAN LUIS OBISPO COUNTY OFFICIAL RECORDS, FROM LS TO LS(PD7)
(ZC 05-90: NOARES/RRM DESIGN GROUP)
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan as required by Section 65860 of the
California Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on January 15, 1991 and has recommended approval of Zone
Change 05-90.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is compatible with the surrounding land
use and zoning.
2. The proposal is consistent with the General Plan
land use element.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
4. Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. Modification of development standards or processing
requirements will enhance the opportunity to best
utilize special characteristics of an area and will
have a beneficial effect on the area.
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
Ordinance No. 218
7. The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2. Zoning Mag.
Map number 7 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
is hereby amended to reclassify the parcel listed below as and
shown on the attached Exhibit A which are hereby made a part of
this ordinance by reference.
Lot 3, Pine Mountain Park of Atascadero, recorded in
Official Records in Book 4 at Page 76, County of San
Luis Obispo, State of California.
Development of said parcel shall be in conformance with the
provisions of Planned Development Overlay Zone No. 7, and
consistent with the approved Master Plan of Development as shown
on the attached Exhibit B.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved
by the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By:
ROBERT LILLEY, Mayor
City of Atascadero, California
ATTEST:
LEE DAYRA, City Clerk
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
CITY OF ATASCADERO ORDINANCE NO. 218
EXHIBIT A
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REPORT TO CITY COUNCIL
CITY OF ATASCADBRO Agenda Item: A-5
Through: Ray Windsor, City Manager Mtg. Date: 2/26/91
From: Henry Engen, Community Dev. Dir. 4& File No: Tree Ord.
SUBJECT:
Adoption of revised Tree Ordinance No. 214
RECOMMENDATION:
Adoption of revised Tree Ordinance No. 214 on second reading.
BACKGROUND:
On February 12, 1991, the Atascadero City Council conducted a
public hearing on this proposed ordinance along with Resolution No.
125-90, Tree Standards and Guidelines. The Council approved
Ordinance No. 214 with minor changes on first reading, and approved
the resolution. The attached Ordinance incorporates the changes
directed by the City Council.
HE:ps
Attachments: Ordinance No. 214
ORDINANCE NO. 214
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,
REPEALING CHAPTER 19 OF TITLE 2 AND SECTION 9 - 4.155 AND ADDING CHAPTERS
11, 12 AND 13 TO TITLE 9 OF THE ATASCADERO MUNICIPAL CODE REGARDING TREE
PROTECTION
The City Council of the city of Atascadero, California, does ordain as
follows:
Section 1. Chapter 19 of Title 2 and Section 9 - 4.155 of the
Atascadero Municipal Code are hereby repealed.
Section 2. Chapter 11 is added to Title 9 of the Atascadero
Municipal Code to read as follows:
Chapter 11. Native Tree Ordinance.
Sec. 9-11.01. Purpose and Intent: Preservation of natural flora
and fauna is a basic community goal of the Atascadero General Plan.
The trees of Atascadero are valued community assets. The purpose of
this ordinance is to establish regulations for the installation,
maintenance, preservation, protection and selected removal of trees
within the City limits. In establishing these procedures, it is the
City's intent to encourage the preservation, maintenance and
regeneration of a healthy urban forest. This enhances other values
that Atascadero holds for its community; among these are: clean air
and water, soil conservation, aesthetics, property values and an
ecological diversity that will ensure that Atascadero will continue
to be a desirable place to live.
Sec. 9-11.02. Applicability.
(a) The provisions of this chapter, with a set of accompanying
"Tree Standards and Guidelines" adopted by resolution, shall apply
to all native trees (as defined by City Council) two inches (2" ) dbh
or greater for deciduous oaks and madrones (Arbutus menziesii) and
four inches (4") dbh or greater for all other native trees. It
shall be illegal to intentionally harm, damage and/or cause the
death or decline of a native tree or remove a native tree without a
City-issued Tree Removal Permit.
(b) The provisions of this chapter shall apply to all public and
private property and protected native trees within the City of
Atascadero, and to any person, firm, corporation and public or
private utility company doing work within the City limits.
(c) Fees for Services. Fees may be charged for services and shall
be set forth and amended by resolution.
Sec. 9-11. 03. Definitions.
(a) "Damage" means any intentional action or gross negligence which
causes injury, death or disfigurement of a tree. Actions include,
but are not limited to cutting, girdling, poisoning, overwatering,
unauthorized relocation or transportation of a tree or trenching,
excavating, altering the grade or paving within the dripline of a
tree.
(b) "Dbh" means "diameter at breast height", specifically four
feet six inches (4 ' 6" ) above natural grade.
(c) "Dripline" means the outermost line of the tree's canopy
projected straight down to the ground surface. As depicted in plan
view, the dripline appears as a irregularly-shaped circle.
(d) "Hazardous" means presenting an immediate danger to people or
existing structures.
(e) "Removal" means the physical destruction, displacement or
removal of a tree, or portions of a tree caused by poisoning,
cutting, burning, relocation for transplanting, bulldozing or other
mechanical, chemical or physical means.
(f) "Native Tree", means a naturally-occurring species having a dbh
of two inches (211 ) or greater for deciduous oaks and madrones
(Arbutus menziesii) and four inches (41' ) dbh or greater for all
other native trees. Refer to "Native Trees" section, Chapter 1, of
the City's "Tree Standards and Guidelines".
(g) "Tree Protection Plan" means a plan that shows how specific
trees shall be protected during development and land use related
work.
(h) "Tree Pruning" means the cutting, detachment or separation of
any limb, branch or roots from a native tree.
Sec. 9-11.04. Adoption of Standards: The "Tree Standards and
Guidelines" set forth the procedures, guidelines and standards that
shall be used to implement the Native Tree Ordinance. They shall be
used to provide details about preservation, maintenance,
installation, protection, regeneration and select removal of trees.
They shall be adopted and amended by resolution of the City Council
and have the force of law.
Sec. 9-11. 05 Roles and Responsibilities:
(a) City Arborist ( "Natural Resource Specialist" ) : The City
Natural Resource Specialist, herein referenced as the City Arborist,
along with staff persons in the Community Development and Public
Works Departments, shall provide information, review building,
development and Tree Protection Plans and visit sites. The City
3 ORDINANCE NO. 214
Arborist (or designee) shall make recommendations and determinations
on native tree removals for trees less than twenty-four (24" ) dbh in
size.
(b) Planning Commission: Decisions on native tree removals of 24"
dbh - size or larger shall be made by the Planning Commission.
Decisions regarding native tree removal, tree protection and tree
replacement made by the City Arborist may be appealed to the
Planning Commission. '
(c) City Council: Decisions related to native trees made .by the
Planning Commission are appealable to the City Council.
(d) Site Planner: These persons are qualified professionals who
are hired by applicants to prepare Tree Protection Plans. Refer to
"Tree Standards and Guidelines", Chapter 3.
(e) Private Arborist: These persons are licensed professionals who
are hired to do physical work on trees in Atascadero. Refer to "Tree
Standards and Guidelines", Chapter 3.
Seca 9-11.06 Tree Removal
(a) Permit Required: Except as set forth in (b) below, Tree
Removal Permits shall be required for the removal of any native tree
two inches (211 ) dbh or greater for deciduous oaks and madrones
(Arbutus menziesii) , and four inches (4" ) dbh or greater for all
other native trees, and for pruning of more than twenty five percent
(25%) of the live canopy in native trees. Any private or public
entity doing regular maintenance in the City of Atascadero may seek
a "blanket pruning permit" that may be renewed on a yearly basis.
(b) Exemptions: A Native Tree Removal Application or Permit is not
required for:
(1) Emergency situations which cause hazardous or dangerous
conditions that have serious potential to cause immediate
damage to persons or improvements on real property. Such
situations must be reported to the City within 48 hours.
(2) Trees planted, grown and maintained as part of a licensed
nursery or tree farm business.
(3) Tree pruning that effects less than twenty-five percent
(25%) of a tree's live canopy within one year' s
time. The Pruning shall be done according to the
adopted "ISA Tree Pruning Standards".
(4) Trees removed as part of an approved "Tree Management
Plan" - Refer to Section 9-11. 13. is
ORDINANCE NO. 214
residences in single family(5) Single family resa. g Y zoning
districts with the following conditions:
a. A permanent dwelling exists.
b. Building or grading permits are not being sought.
(c) Dead and diseased tree removals are subject to the procedures
outlined in Sections 9-11.07 through 9-11.09 below, but all related
fees shall be waived.
Sec. 9-11.07. Applications and Permits for Tree Removal
(a) Early Consultation: All applicants are encouraged to use the
services of the City Arborist, Community Development and Public
Works Department before site development that may involve any tree
removal. Early consultation shall be a factor used in determining
whether proposed improvements can be reasonably designed to avoid
the need for tree removal.
(b) Content. The content of the Tree Removal Application and
Permit shall be set forth in the "Tree Standards and Guidelines" .
(c) Posting. All native trees proposed for removal shall be
identified by the applicant for field inspection as set forth in the
"Tree Standards and Guidelines". When a Tree Removal Permit is
issued, the City shall post a copy of the permit in City Hall and
the applicant will post a copy on-site for a public appeal period of
five (5) business days. Refer to "Tree Standards and Guidelines",
Chapters 4 and 7.
(d) The application is reviewed and the permit is either denied or
approved with tree replacement conditions by the City Arborist (or
designee) .
Sec. 9-11.08 Recruired Findings for Tree Removal. The
applicant must provide the factual data to make the required
finding(s) . At least one of these findings must be made in
order to approve a Tree Removal Application.
(a) The tree is dead, diseased or injured beyond reclamation.
(b) The tree is crowded by other healthier native trees; thinning
(removal) would promote healthier growth in the trees to remain.
(c) The tree is interfering with existing utilities and/or
structures.
(d) The tree is inhibiting sunlight needed for existing and/or
proposed active or passive solar heating or cooling.
5 ORDINANCE N0. 214
(e) The tree is obstructing proposed improvements that
cannot be reasonably designed to avoid the need for tree
removal. Factors to be considered in determining
"reasonableness" include:
(1) Early consultation with City Arborist;
(2) Consideration of practical design alternatives;
(3) Provision of cost comparisons (from applicant) for
practical design alternatives;
(4) If saving the tree eliminates all reasonable use of
property; or
(5) If saving the tree requires the removal of more
desirable trees.
Sec. 9-11.09. Evaluative Criteria for Tree Removal." The following
criteria will be considered when evaluating each Tree Removal
Application:
(a) The potential effect that tree removal could have on
topography, knowing that hilltops, ravines, streambeds and
other natural watercourses are more environmentally sensitive
than flat or gentle sloping lands.
(b) The potential effect that tree removal could have on soil
retention and erosion from increased flow of surface waters. •
(c) The potential effect that tree removal could have on
significantly increasing the noise level.
(d) The potential effect that tree removal could have on
the ability of existing vegetation to reduce air movement and
wind velocity.
(e) The potential effect that tree removal could have on
significantly reducing available wildlife habitat or result in
the displacement of desirable species.
(f) Aesthetics
(g) The number, size, species, condition and location of trees
to be removed.
(h) The special need to protect existing blue and valley oaks
because of regeneration problems.
(i) The cumulative environmental effects of tree removal.
Sec. 9-11. 10. Tree Protection Plans.
(a) Tree Protection Plans shall be required if any listed activity
occurs within twenty feet (20' ) of the dripline of any native tree.
Activities include but are not limited to the following: remodeling
6 ORDINANCE NO. 214
or new construction, grading, road building, utility trenching, etc.
A Tree Protection Plan shall be included as part of the submittal
for a road plan, plot plan, precise plan, building permit and/or
conditional use permit. Refer to "Tree Standards and Guidelines",
Chapter 5.
(b) Early Consultation with the City Arborist, Community
Development and Public Works Staff is available and strongly
encouraged.
(c) Implementation. The Native Tree Protection Plan shall be in
place (and verified in writing by the applicant) before applicants
shall receive any City permits to begin work.
(d) Tree Protection During Grading and Construction. Refer to
"Tree Standards and Guidelines", Chapters 5 and 6.
(e) Surety Recruirements. In large projects involving valuable
trees, the City may require a surety prior to issuance of
entitlement. Determination for use of the surety will be based on
the complexity of the project and number of trees being impacted.
The type of surety must be approved in writing by the City Attorney.
(f) Tree Protection Plans for PrivatelPublic Utilities. Utility
companies doing regular maintenance and construction are not
required to submit Tree Protection Plans for each individual
project, but shall meet the tree protection requirements set forth
in this Ordinance and the "Tree Standards and Guidelines" through
conditions placed in a revocable pruning, trenching and encroachment
permit that may be issued on a yearly basis.
Sec. 9-11. 11 Tree Replacement and Regeneration.
Tree Removal Conditions. Tree Removal Permits shall be conditioned
by one or more of the following methods:
(a) Planting Trees: Replacement plantings shall be required to
help sustain and regenerate Atascadero' s urban forest. The number
of replacements shall be determined by the conditions (size,
species, age and location) of the trees removed; a minimum of one
for one, same species, five (5) gallon (locally grown native stock)
sized trees shall be required. Refer to "Tree Standards and
Guidelines" , Chapter 8.
(b) Tree Replacement Fund: This fund has been established to
receive cash in lieu of planting replacements; the City will use
these monies to plant, protect and maintain trees in locations
designated as receiver sites. Refer to "Tree Standards and
Guidelines", Chapter 8.
7 ORDINANCE 140. 214
(c) Conservation Easements: Conservation easements can be used in
lieu of tree replacements. Such easements protect the land
upon which trees are located. Conservation easements are not
specifically for public access.
(d) Building Permits: For each residential building permit
issued, the planting of one five gallon native tree shall be
required, based on the rate of one native tree per
residential dwelling unit.
Sec. 9-11. 12. Tree Abatement: Nuisances. Pests and Disease:
(RESERVED„)
Sec. 9-11.13 Forestry and Woodlot Management (RESERVED)
Sec. 9-11. 14 Procedures for Public Projects
(a) Definition. Public projects are tree-related actions initiated
by any department of the City of Atascadero.
(b) Binding City to Tree Ordinance. Public initiated projects will
comply with the Tree Ordinance unless explicitly exempted by City
Council.
(c) Procedure to Seek Exemption. Applicant from the City shall
submit a written statement to City Council describing project and
reason that an exemption should be granted.
Sec. 9-11.15 Appeals. Appeals shall be filed in accordance with
Sec. 9-1.111 of this Title. For purposes of an appeal, the
decisions of the City Arborist shall be considered as a decision of
the Community Development Department and/or Public Works Department.
Sec. 9-11. 16 Repeat Applications. When any application made
pursuant to Title 9 or Title 11 has been denied, no new application
which is substantially the same shall be filed within one year of
the date of the previous denial unless the physical facts upon which
the decision-making body based the denial have changed. The
Community Development or Public Works Director shall determine
whether physical facts have changed or when an application is
substantially the same as the previous application.
Sec. 9-11. 17 Enforcement
(a) Penalties. Violations of this Chapter are specifically
declared misdemeanors, and upon conviction may be punished as set
forth in Chapter 3 of Title 1 of the Atascadero Municipal Code.
(b) Restitution. Trees within the City of Atascadero are valuable
assets to its citizens, and as a result of loss or damage to these
trees, the public should be recompensed. In addition to any
ORDINANCE NO. 214
a
penalties provided by (a) above, any person who damages a tree in
violation of the terms of this Chapter is responsible for proper
restitution and/or conditions as described in Sec. 9-11.11. The City
may bring a civil action for restitution to enforce this section.
(c) Stop Work. In cases of nonconformance with Native Tree
Protection Requirements, the City Arborist or inspecting official
shall immediately issue a Stop Work Order until all requirements
have been met. Should unauthorized work or nonconformance lead to
tree removal or damage (as defined) , the City Arborist or inspecting
official shall also issue a Stop Work Order.
(d) Conditions and Signed Agreements: Should unauthorized work or
noncomformance lead to tree removal or damage (as defined) , the City
Arborist may also require additional conditions as penalty and as
described in Sec. 9-11.11. and in the "Tree Standards and Guide-
lines", Chapter 8.
Section 3. Chapter 12 and 13 are added to Title 9 of the
Atascadero Municipal Code to read as follows:
Chapter 12. Landmark Trees
Sec. 9-12.01. Landmark Tree, Defined. "Landmark Tree" means any
native or non-native tree recognized by City Council resolution for
. its age, size, location, historical and /or cultural significance.
Sec. 9-12.02. Landmark Tree Protection. Any tree (native or non-
native) may receive protection by City Council resolution for its
age, size, location, historical and/or cultural significance.
Landmark trees receive the same protection and are subject to all
conditions set forth in Chapter 11 of Title 9 regarding native
trees. They may not be removed without City Council approval.
Chapter 13. Street Trees - RESERVED
Section 4. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional or
invalid in whole or in part by any court, such decision shall not
affect the validity of effectiveness of the remaining portions of
this ordinance, or any part thereof. If the application of any
provision of this ordinance or any person, property or circumstance
is found to be unconstitutional or invalid in whole or in part by
any Court, such decision shall be limited to the person, property or
circumstance immediately involved in the controversy, and the
application of such provision to other persons, property and
circumstances shall not be affected.
• Section 5. The City Clerk shall cause this Ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published and
9 ORDINANCE NO. 214
circulated in the City in accordance with Section 36933 of the •
Government Code; shall certify the adopting and posting of this
ordinance; and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
0 ORDINANCE NO. 214
40
Section 6. This ordinance .shall go into effect and be in full
force and effect at 12:01 a.m. on the 31st day after its passage.
On motion by and seconded
by the foregoing ordinance is
approved by the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By
ROBERT B. LILLEY, Mayor
City of Atascadero, California
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
&PROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
ATTEST:
LEE DAYRA, City Clerk
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-6
Through: Ray Windsor, City Manager Meeting Date: 2/26/91
File No: TPM 25-90
From: Henry Engen, Community Development Director
SUBJECT:
Acceptance of Parcel Map 25-90 (division of 9. 14 acres into two
parcels of 4. 99 and 4.16 acres each) at 9755 Enchanto Road - Frank
Henderson/Vaughan Surveys.
RECOMMENDATION:
Acceptance of Parcel Map 25-90 since all conditions of the map have
been met by the applicant.
BACKGROUND:
On December 11, 1990, the City Council approved Tentative Parcel
Map 25-90 subject to certain conditions and in concurrence with the
recommendation of the Planning Commission.
HE:ps
cc: Frank Henderson
Vaughan Surveys
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REPORT TO CITY COUNCIL
STAFF REPORT Agenda Item: B-1
Through: Ray Windsor, City Manager Mtg. Date: 2/26/91
From: Henry Engen, Comm. Dev. Director We File No: San Marcos
RoadExtension
SUBJECT:
Appeal by Joan O'Keefe of Negative Declaration posted for the
proposed extension of San Marcos Road (continued from 1/8/91
meeting) .
RECOMMENDATION:
Approve the request of the applicant' s attorney, Glen R. Lewis, to
continue the matter for an additional 90 days with , the
understanding that the applicant would waive any statutory response
time deadlines.
BACKGROUND:
This approval was scheduled for the City Council' s January 8, 1991
meeting and continued pending completion of a staff report relative
to heritage tree removal and road improvement plans.
At the Council's January 22, 1991 meeting, however, the Council
received the City Attorney's written opinion on this subject which
prompted the attached January 31, 1991 letter to Mr. Richard Davis.
Included was the Fire Chief' s memorandum dated 1/16/91 expressing
concerns about continuing development with the extension of San
Marcos Road. As a result, the applicant' s attorney, Mr. Lewis, has
asked for additional time. Staff has explained to the applicants
the City' s procedures for preparing an Environmental Impact Report
wherein third party consultants are selected by the City but funded
by the project proponent.
HE:ps
Enclosures: Project Area Map
Continuance Request by Glen Lewis - 2 /15/91
Staff Communication to Richard Davis - 1/31/91
Council Reading Desk: 1/8/91 Staff Report
cc: Glen Lewis
Richard Davis
Leroy Davis
Allen Campbell
Wes Conner
Joan O'Keefe
su
�♦ LLL 1
M/r
RO ESI A. LEwIIO RECEIVED FEB 1 9 1991
A PROFESSIONAL LAW CORPORATION
S85S CAPISTRANO AVENUE
POST OFFICE 80X 1980
ATASCADERO, CALIFORNIA 93423
TELEPHONE (805) 466-6644
FAX (805) 466-6647
February 15, 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, a request is hereby
made to continue the hearing on the San Marcos Road Extension
which is presently set for February 26, 1991 for an additional
ninety days. I believe the ninety day extension will be in the
best interest of the City as well as all parties concerned in
this matter.
Thank you for the courtesy and cooperation that you have
shown in this matter.
ZVeryly urs,
. LEWIS
GRL:rg
cc: Leroy Davis
Richard Davis
DAVIBE/10021
' �.�■� ■ ■ CITY OF ATASCADERO
1970COMMUNITY DEVELOPMENT DEPARTMENT
January 31, 1991
Mr. Dick Davis
10575 San Marcos Road
Atascadero, CA 93422
Subject: San Marcos Road Extension
Dear Mr. Davis:
We have been reviewing our files in preparation for the continuance
of this request to the February 26, 1991 meeting of the City
Council and it is timely to update you on the City Council' s
actions relative to a parallel project involving the Ardilla Road
Extension request.
At the City Council' s January 22nd meeting, they considered the
attached legal opinion relative to Colony road construction
activities. Their action was to continue the Ardilla Road project
to March 12th to enable that applicant to: 1) incorporate proposed
mitigation measures into proposal, and 2) to allow for a re-posting
21 days before that date. The implications for your project are
then clear that approval could not be sought unless you were to
either: 1) revise the plan to reflect the recommended mitigation
measures for it (see attached) , and/or 2) prepare an Environmental
Impact Report.
We have also received the attached memor-_;dum from the Fire Chief
reflecting his concerns on continuing development in this area.
Given both this memorandum and that of the City Attorney, I believe
there is a strong chance that an EIR will be required.
Please call for any clarification if desired on this problem.
Sincerely,
Henry Engn, Dir for
Community Development
Enc: City Attorney Memorandum - 1/7/91
Fire Chief' s Memorandum - 1/16/91
San Marcos Road Extension: Recommended Mitigation Measures
cc: Allen Campbell, Twin Cities Engineering
6500 PALMA AVENUE ATASCADERO, CA 93422
Building Permits:(805)461.5060 Planning:(80S)461.5035 Enforcement:(805)461-5034 Director.18051461-5097 City Fax:(805)461.0606
M E M O R A N D UM
To: Mayor and City Council
From: Arther R. Montandon, City Attorney
Subject: Environmental Review of Colony Road Construction and
Acceptance
Date: January 7 , 1991
Inquiries:
1 . Are roads subject to CEQA review?
2 . What is the level of CEQA review required for road
extension permits?
3 . Is the Mitigated Negative Declaration appropriate
for the Ardilla Road extension approval?
4 . Is the Mitigated Negative Declaration appropriate
for the San Marcos Road extension approval?
5. What is the level of CEQA review required for
accepting roads into the City' s maintained road
system?
Rulings:
1 . Yes, these are discretionary projects subject to
CEQA review.
2 . The level of environmental review may be a Negative
Declaration or an EIR, depending upon the potential
for a significant environmental impact and previous
relevant environmental review.
3 . Yes, unless substantial evidence is presented at the
hearing which would support a fair argument that
the project may have a significant environmental
impact.
4 . This Negative Declaration is not as substantiated
as that for Ardilla Road. As such, the City Council
should hold the hearing or ask for more information
to enable them to consider more evidence to make a
decision based upon the "fair argument" standard
set forth in #3 , above.
5 . These decisions are categorically exempt from CEQA
review, absent a special set of circumstances which
would result in a significant environmental impact.
Introduction:
The City Council has requested an opinion as to the applica-
bility of the California Environmental Quality Act (CEQA) to the
construction, acceptance and maintenance of Atascadero's Colony
roads . Specifically, we were asked to review the legal opinions
previously issued regarding this topic .
While our research was ongoing, two appeals were filed with
the City by Mrs. Joan O'Keefe. These appeals involve the permit-
ting of road construction within Colony road right-of-ways . The
additional concerns raised by these appeals will also be addressed
in this opinoin.
The scope of this opinion has been expanded beyond its
original intent for another reason. The City Council, Planning
Commission and staff are currently faced- with many important
decisions regarding the City' s road system. These decisions in-
clude: Ownership transfer of the Wells Fargo Roads; acceptance of
these roads, Gordon Davis roads and other roads into the City' s
maintained system; planning for the traffic circulation needs of
Atascadero; and, the setting of minimum standards for road con-
struction. This opinion will set forth some recommendations and
guidance to the decision-makers regarding their future road deci-
sions . It is not intended to undo previous acts, nor is it
intended to require reprocessing of applications . it is intended
to guide Atascadero' s decision-makers in their future deliberations
as they address our road issues .
Facts :
The factual background for this opinion arises out of the
construction, acceptance by the City and maintenance of Atasca-
dero' s Colony roads. As most of us know, these roads were created
as separate lots with the subdivision of the Atascadero Colony many
years ago. Many miles of these roads are not, as yet, constructed.
Many miles of the constructed roads are not owned by the City and
are not in the City-maintained road system.
Over the years since AtascaderooIs incorporation, the construc-
tion and acceptance of these roads have been handled in different
ways with differing application of CEQA review. At one time, these
roads were constructed without any review. Currently, based upon
a previous legal opinion, the construction project undergoes envi-
ronmental review.
Two appeals arise from the City' s current road approval pro-
cedure: One appeal involves the extension of Ardilla Road; the
other appeal involves the extension of San Marcos Road.
The Ardilla Road appeal involves the completion of a segment
of that road between Balboa Road and Graves Creek Road. This con-
struction would open twelve lots for development, require grading
and would entail the removal of many trees . The City' s permit
decisions on this construction are a Road Improvement Plan ( Precise
Plan process) and Tree Removal Permit. A Mitigated Negative
Declaration is proposed for the project.
2
The San Marcos Road appeal involves the extension of that
road. This extension would add to this dead-end road, thus opening
• thirteen lots for development, require grading and the removal of
many trees. The City's permit decisions on this construction are
a Road Improvement Plan (Precise Plan process) and Tree Removal
Permit. A Mitigated Negative Declaration is proposed for this
project.
Both appeals challenge the level of environmental review
proposed by City staff. These appeals assert that the proposed
Mitigated Negative Declarations are inadequate in many regards .
The appellant states that the appropriate level of environmental
review is an Environmental Impact Report (EIR) .
The issues which are presented by these facts arise at a time
when the City' s policy makers are deciding many important issues
about Atascadero' s road system. These decisions, as set forth in
the "Introduction" above, involve the planning, design, construc-
tion, acceptance and maintenance of the City' s road system.
Discussion:
A. The California Environmental Quality Act (CEQA)
CEQA was enacted in 1970. it is set forth in Public Resources
Code Section 21000, et seq. Additionally, it is implemented
through the State and City CEQA guidelines . It has evolved through
twenty years of legislative amendments and judicial interpretation
to a sophisticated and complicated set of laws .
The purpose of CEQA is set forth in the State CEQA Guideline
15002, Subsection (a) , which states :
(a) Basic Purposes of CEQA. The basic purposes of CEQA
are to:
(1 ) Inform governmental decision-makers and the public
about the potential , significant environmental ef-
fects of proposed activities .
( 2) Identify the ways that environmental damage can be
avoided or significantly reduced.
( 3 ) Prevent significant, avoidable damage to the envi-
ronment by requiring changes in projects through
the use of alternatives or mitigation measures when
the governmental agency finds the changes to be
feasible.
(4 ) Disclose to the public the reasons why a governmen-
tal agency approved the project in the manner the
agency chose if significant environmental effects
are involved.
In sum, CEQA provides governmental decision-makers relevant
information about the environmental consequences of their actions .
3
CEQA Guideline 15002 goes on to define action:
(b) Governmental Action. CEQA applies to governmental
action. This action may involve:
(1) Activities directly undertaken by a governmental
agency;
(2) Activities financed in whole or in part by a gov-
ernmental agency; or
(3) Private activities which require approval from a
governmental agency.
(c) Private Action. Private action is not subject to
CEQA unless the action involves governmental participa-
tion, financing or approval.
It should be noted that governments can legislate the very
requirements that subject them to environmental review. For exam-
ple, if Atascadero did not require tree removal permits, there
would be no "discretionary action" (see below) subject to environ-
mental determination.
This guideline goes on to provide a short introduction to
CEQA, setting out its basic concepts, documents and processes . It
states in relevent part:
(d) Project. A "project" is an activity subject to
CEQA. The term "project" has been interpreted to mean
far more than the ordinary dictionary definition of the
term. (See: Section 15378 . )
(e) Time for Compliance. A governmental agency is
required to comply with CEQA procedures when the agency
proposes to carry out or approve the activity. (See:
Section 15004 . )
(f) Environmental Impact Reports and Negative Declar-
ations. An Environmental Impact Report (EIR) is the
public document used by the governmental agency to an-
alyze the significant environmental effects of a proposed
project, to identify alternatives and to disclose possi-
ble ways to reduce or avoid the possible environmental
damage.
(1 ) An EIR is prepared when the public agency finds
substantial evidence that the project may have a
significant effect on the environment. (See: Sec-
tion 15064 (a) (1) . )
( 2 ) When the agency finds that there is no substan-
tial evidence that a project may have a significant
environmental effect, the agency will prepare a
"Negative Declaration" instead of an EIR. (See:
Section 15070 . )
4
(g) Significant Effect on the Environment . A signi-
ficant effect on the environment is aerined as a
substantial adverse change in the physical conditions
which exist in the area affected by the proposed project.
(See: Section 15382 . ) Further, when an EIR identifies
a significant effect, the government agency approving the
project must make findings on whether the adverse envi-
ronmental effects have been substantially reduced or, if
not, why not. (See: Section 15091 . )
(h) Methods for Protecting the Environment- CEQA
requires more than merely preparing environmental docu-
ments. The EIR by itself does not control the way in
which a project can be built or carried out. Rather,
when an EIR shows that a project would cause substantial
adverse changes in the environment, the governmental
agency must respond to the information by one or more of
the following methods :
(1 ) Changing a proposed project;
( 2) Imposing conditions on the approval of the
project;
(3) Adopting plans or ordinances to control a
broader class of projects to avoid the adverse
changes;
(4 ) Choosing an alternative way of meeting the same
need;
( 5) Disapproving the project;
( 6 ) Finding that changing or altering the project
is not feasible;
(7 ) Finding that the unavoidable significant envi-
ronmental damage is acceptable as provided in
Section 15093 .
( i) Discretionary Action. CEQA applies in situations
where a governmental agency can use its judgment in de-
ciding whether and how to carry out or approve a project .
A project subject to such judgmental controls is called
a "discretionary project" . (See: Section 15357 . )
(1 ) where the law requires a governmental agency
to act on a project in a set way without allowing
the agency to use its own judgment, the project is
called "ministerial", and CEQA does not apply.
(See: Section 15369 . )
( 2 ) whether an agency has discretionary or minis-
terial controls over a project depends on the
authority granted by the law providing the controls
over the activity. Similar projects may be subject
to discretionary controls in one city or county and
5
only ministerial controls in another. (See: Sec-
tion 15268. )
(j ) Public Involvement. Under CEQA, an agency must
solicit and respond to comments from the public and other
agencies concerned with the project. (See: Sections
15073, 15086 , 15087 and 15088. )
(k) Three-Step Process. An agency will normally take
up to three separate steps in deciding which document to
prepare for a project subject to CEQA:
(1) In the first step, the Lead Agency examines the
project to determine whether the project is subject
to CEQA at all . If the project is exempt, the proc-
ess does not need to proceed any farther. The
agency may prepare a Notice of Exemption. (See:
Sections 15061 and 15062 . )
(2) If the project is not exempt, the Lead Agency
takes the second step and conducts an Initial Study
(Section 15063) to determine whether the project
may have a significant effect on the environment.
If the Initial Study shows that there is no sub-
stantial evidence that the project may have a
significant effect, the Lead Agency prepares a
Negative Declaration. (See: Sections 15070, et
seq.)
(3 ) If the Initial Study shows that the project may
have a significant effect, the Lead Agency takes the
third step and prepares an EIR. (See: Sections
15080, et seq. )
Two documents should be more fully explained for the purposes
of this opinion. These are the "Mitigated Negative Declaration"
and the "Environmental Impact Report" .
A "Mitigated Negative Declaration" is specifically recognized
by Public Resources Code Section 21080, Subsection (c) , and CEQA
Guideline 15070. This type of document is prepared when:
" . . .An initial study identifies potentially significant
effects on the environment, but ( i) revisions in the
project plans or, proposals made by or agreed to by the
applicant before the proposed Negative Declaration is
released for public review would avoid the effects or
mitigate the effects to a point where clearly no sig-
nificant effects would occur, and ( ii) there is no
substantial evidence before the agency that the project,
as revised, may have a significant effect on the envi-
ronment" (Public Resources Code Section 21080) .
In practice the applicant modifies his or her project to
eliminate or minimize the potential for adverse environmental
impact. This modification is , many times, based upon expert
analysis and reports . The mitigation measures identified are
voluntarily incorporated into the project as submitted.
6
The "discussion" of CEQA Guideline 15070 states in relevant
• part:
" . . .The Mitigated Negative Declaration provides effi-
ciencies in the process where an applicant can discover
environmental problems with his project after submitting
his [or her] application. If the applicant can modify
his [or her] project to avoid these significant effects,
he [or she] can avoid the time and costs involved in pre-
paring an EIR and qualify for a Negative Declaration
instead. At the same time, he [or she] can avoid the
significant effects on the environment as CEQA would seek
to accomplish through the EIR process otherwise. The
public would still be given an opportunity to review the
proposal to determine whether the changes are sufficient
to eliminate the significance of the effects.
The environmental documents which have been challenged by Mrs .
O' Keefe' s appeals are Mitigated Negative Declarations . An Envi-
ronmental Impact Report (EIR) is required when it can be fairly
argued, on the basis of substantial evidence, that the project may
have a significant environmental impact. (Friends of "B" Street
v. City of Hayward (1980) 106 Cal . App. 3d 988; No Oil, Inc. v.
City of Los Angeles ( 1974 ) 13 Cal . 3d 68, CEQA Guideline 15064
(g) (i) )
An EIR shall contain a detailed statement setting forth:
(a) The significant environmental effects of the pro-
posed project.
(b) Any significant environmental effects which cannot
be avoided if the project is implemented.
(c) Mitigation measures proposed to minimize the signi-
ficant environmental effects including, but not limited
to, measures to reduce wasteful, inefficient and unnec-
essary consumption of energy.
(d) Alternatives to the proposed project.
(�) The reiativ n5hip AJ L. n L A. short-term t-t@rIi'i uses of
man' s environment and the maintenance and enhancement of
long-term productivity.
( f) Any significant irreversible environmental changes
which would be involved in the proposed project should
it be implemented.
(g) The growth-inducing impact of the proposed project.
. The report shall also contain a statement briefly indi-
cating the reasons for determining that various effects
of a project are not significant and, consequently, have
not been discussed in detail in the environmental impact
report . (Public Resources Code Section 21100)
7
Sections (e) and (f) are not required for the projects
appealed by Mrs. O'Keefe. (Public Resources Code Section 21100 . 1)
There are many types es of EIRs. There are Project EIRs Sub-
sequent EIRs, Supplements to EIRs, Addendums to EIRs, Staged EIRs,
Programmed EIRs and Master Environmental Assessments (Article 11
of the CEQA Guidelines) . Each is for given situation. In fact,
a previously certified EIR may be used for later approvals or
incorporated by reference by environmental documents . (CEQA
Guidelines 15150 and 15153. )
The prudent use of the appropriate environmental document will
expedite the processing of projects and provide adequate environ-
mental information for governmental decisions . In fact, the CEQA
Guidelines in Section 15006 emphasize the need to reduce delay and
paper work.
After an EIR is certified as complete and significant environ-
mental impacts remain unmitigated, the City Council may deny the
project (CEQA Guidelines, Section 15042) . Also, the City Council
may approve a project despite unavoidable significant effects (CEQA
Guidelines, Section 15043) . This may be done after an EIR is com-
pleted, where the adverse significant impacts are mitigated as much
as feasible and the City Council adopts findings that the project
benefits outweigh the impacts .
Finally, it must be stated that it is impossible to state with
complete certainty that a particular permit, project or decision
is always subject to or not subject to a certain level of envi-
ronmental review. The applicability of CEQA- and the level of
environmental review is a function of the potential for environmen-
tal damage specific to the project under consideration (Friends of
Westwood, Inc . v. City of Los Angeles ( 1987 ) 191 Cal . App. 3d 259;
City of Carmel -by-the-Sea v. Bd. of Supervisors (1986 ) 183 Cal .
App. 3d 229) . As such, each project must be considered individu-
ally before determining what CEQA compliance is required. The
analysis of the issues presented will assist in demonstrating how
these decisions should be made.
B. The Ardilla Road Appeal
This construction project requires the City' s approval of a
specific p.1an for road construction. Tail City would also consider
a Tree Removal Permit. The courts have found building and grading
types of permits to be discretionary and, thus, subject to environ-
mental review if the City may exercise some discretion in a manner
that could reduce environmental impact (Friends of Westwood, Inc.
v. City of Los Angeles ( 1987 ) 191 Cal . App. 3d 259 (building per-
mit) ; Day v. City of Glendale (1975 ) 51 Cal . App. 3d 817 (grading
permit where there was authority to condition grading and access
based on geological report) ; and People v. Dept. of Housing and
Community Development (1975) 45 Cal . App. 3d 185 ( construction
permit where water supply and drainage considered) ) . •
The City of Atascadero exercises discretion regarding the
permits required for the Ardilla Road extension project. The City
8
conditions its approvals upon considerations of geology, drainage,
access and flora. As such, such approval is subject to CEQA re-
view.
The level of CEQA review at this time, for this particular
project, depends upon the potential environmental impacts unique
to this project and the existence of previous environmental review.
Road and utility extension decisions by cities may, in the proper
circumstance, require an EIR (City of Antioch v. City of Pittsburg
(1986) 187 Cal. App.. 3d 1325) .
The City of Antioch case involved a much larger road and sewer
project than contemplated at Ardilla Road, but, as stated above,
each project must be individually analyzed. If it can be fairly
argued that the project will generate significant environmental
effects, an EIR is required (Public Resources Code Section 21151,
CEQA Guidelines, Section 15064) .
The analysis should begin with the project as submitted. This
project has been modified to minimize environmental impacts . These
modifications were made in reliance upon expert reports and other
environmental documentation (Long Valley Ranches EIR, 1979) . As
such, a Mitigated Negative Declaration is proposed which incorpor-
ates the relevant mitigation measures suggested by these reports.
The reliance upon previously certified EIRs in developing a
Negative Declaration is specifically authorized by the CEQA Guide-
lines, Section 15153, Subsection (c) . These reports and resultant
mitigation measures adequately address the potential for adverse
environmental impacts. No "fair argument" can be made that signi-
ficant impacts remain.
C. The San Marcos Road Project
The analysis for this project is similar to the Ardilla Road
project. CEQA applies to the project, and a Mitigated Negative
Declaration is proposed.
Absent in this analysis is the use of a comprehensive EIR such
as that certified for the Long Valley Ranches . The only EIR which
covers this property that can be identified is the 1977 General
Plan EIR, which is a four-page document; this EIR is of little use.
in l.1l1$ pr G,J CGL, the M1 l.lga l..Cu Negative LCl.1ard 1.1orl ii'li.i5t
rely only upon those reports utilized to impose mitigation meas-
ures . These reports do not provide the scope and depth of
information provided by the EIR for the Ardilla Road project.
It is much more difficult to overcome the standard set for
requiring an EIR. As stated previously, if it can be fairly argued
that the project will generate significant environmental effects,
an EIR is required (Public Resources Code, Section 21151 , CEQA
Guidelines , Section 15064 ) .
The City Council should consider the evidence presented at the
hearing, both by documents and oral presentation. If substantial
9
evidence would support an EIR, or if the "fair argument" standard
is met, an EIR should be required.
D. Accepting the Maintenance of Roads
The City is also considering acceptance of maintenance for the
private loads, once such roads are constructed. Maintenance of
private roads has been determined to be a project within the mean-
ing of CEQA. (Erven v. Board of Supervisors (1975) 53 Cal. App.
3d 1004 . ) In Erven, the Board of Supervisors of Riverside County
adopted a resolution declaring its intention to provide road im-
provement and maintenance service in an unincorporated area of the
County. The developer did not dedicate the private roads to the
County. The Court stated that the Board's decision to provide road
improvement and maintenance as an added extended service was a
"project" within the meaning of CEQA. . As such, the Court deter-
mined that the County had to proceed with the preparation and
consideration of an Environmental Impact Report or, at the very
least, a Negative Declaration that the project will not have a
significant effect on the environment absent the existence of stat-
utory or categorical exemptions. The Court held that repair and
maintenance of private roads qualified as a Class I categorical
exemption. A Class I project consists, in part, of the operation,
repair, maintenance or minor alteration of existing public or pri-
vate structures, including roads, highways, streets and gutters .
(Erven v. Board of Supervisors, 53 Cal. App. 3d at 1014; Guide-
lines, Subsection 15301 ) It should be noted that even a Class I
exemption will be inapplicable where the repair or maintenance of
roads involves removal of a stand of trees . (Subsection 15301 (c) )
As in Erven, the developer of the Colony Subdivision did not
dedicate the private roads to the City. The City is merely con-
sidering acceptance of the maintenance of such roads . Under Erven,
maintenance of the private streets would be found to qualify as a
Class I categorical exemption. However, it should be pointed out
that even if such maintenance falls within a Class I exemption,
categorical exemptions may be held inapplicable where the cumula-
tive impact of successive projects of the same type and in the same
place is significant over time or where there is a reasonable pos-
sibility that the activity will have a significant effect on the
environment due to unusual circumstances . (Guidelines, Subsection
15300 . 2 (b) (c) )
E. Judicial Remedies for Violations of CEQA
For your information, if the City is found to have violated
provisions of CEQA, the court may require the following:
1 . Void the City' s environmental determination;
2 . Order the City to comply with CEQA;
3 . Mandate the halting of project activity pending CEQA
compliance;
10
4. The retaining of - court jurisdiction to monitor CEQA
compliance; and
5 . Attorney fees .
(Public Resources Code, Section 21168 . 9; Code of Civil
Procedure, Section 1021 . 5)
ARM:cw
(f:AttyCEQA)
c: Ray Windsor, City Manager
Henry Engen, Dir. of Community Development
11
fi
MEMORANDUM
DAVE: January 16, 1991
TO: Henry Engen, Community Development Director
FROM: Michael Hicks, Fire Chief
SUBJECT: SAN MARCOS ROAD EXTENSION
For the record, the following are the concerns that I have regarding
development that will occur as San Marcos is extended.
1) Fire and emergency medical equipment response times of 15 to 20
minutes would be common into the proposed area
2) Traffic circulation. We should have at least two different ingress and
egress routes.
3) Topography.
4) Fire hydrants. Will the main extension be a looped system or a static
system?
5) Vegetation clearance.
6) Fuel modification.
7) Fuel breaks and green belts.
The above is a listing of the obvious problems associated with development
in this type of area.
Each wildfire, especially near the developed areas, is potential conflagration
that can threaten human life, structures and our resources. If urban
development moves into this type of area it must be noted that wildfires will
be difficult to control and the potential for large property loss is extreme and
likely to occur.
Memo to Henry Engen
1/16/91
Page 2
Firefighters often find themselves in situations like this, protecting lives and
homes, while the wildfire perimeter spreads rapidly out of control
threatening many additional structures.
This proposed area of development does have special fire problems
associated. This is not to say that other areas in the city do not, however, I
look at this area much like I did the Bordeaux development - it was the straw
that broke the camel's back and believe this is a straw that again breaks the
camel's back.
I would be neglecting my responsibilities if I didn't point out that the
Atascadero City Fire Department, present resources are less than adequate to
provide fire and emergency medical services to this area.
MIKE HICKS
FIRE CHIEF
MH:vc
cc: City Manager
----------
NEGATIVE
...NEGATIVE DECLARATION
RECOMMENDED MITIGATION MEASURES
SAN 3 ARCOS ROAD ZXTENSION
1 . The road shall be redesigned to provide for the road to be
constructed "in cut" rather than a "balanced cut and fill"
as proposed. Excess fill material shall be end hauled to an
appropriate site and shall not be distributed in and/or
around the extension of San Marcos Road.
2 . Soil erosion and sedimentation control measures shall be
incorporated in the construction plans and shall be approved
by the City Engineer prior to the start of construction.
3 . The on-site inspector shall insure that all soil erosion and
sediment control measures are in place at all times .
4 . Where practical, the applicant shall preserve significant
oak trees at the edges of construction through the measures
recommended by the City Arborist.
5. If any cultural or archaeological resources are encountered
during the course of construction, all work shall cease and
appropriate authorities shall be consulted prior to the
commencement of any further construction.
REPORT TO CITY COUNCIL
CITY R ATASCADERO
,prough: Ray Windsor, City Manager
From: Greg Luke, Director of Public Worksl.
Subject:
Atascadero Lake Park Phase II Construction Project
Recommendation:
The Council has the following options as they may so choose.
1. Adopt Resolution 13-91 authorizing the following:
The execution of an agreement with Shetler
Construction of San Luis Obispo for constructing
• all of the work according to the plans and
specifications in an amount not to exceed
$1, 324,489.
Note: The fund authorization includes a 5% contingency
Background:
On February 21, 1991, the bids for Atascadero Lake Park Phase
II Construction were opened and shown on the attached Bid Summary.
The work in the base bid generally includes the construction
of the Pavilion Building, furnishings, grading and paving of a
parking area, parking area lighting, automatic irrigation system,
landscape planting, and concrete walks. The deductive alternate
generally eliminates the construction of the parking area including
associated irrigation, landscaping, concrete walks and street
improvements. Detailed construction plans and specifications are
available for review at the Department of Public Works office. The
complete bid documents are available for review at the City Clerk's
office.
•
• Discussion•
Both firms are qualified and capable of completing the work
according to the plans and specifications. An oral report will be
presented at the Council meeting summarizing the background
evaluation of the contractor, including past performances and
ability to complete the Pavilion. However, staff and the Architect
have tentatively made the finding that Shetler Construction is the
"Lowest Responsible Bidder. " This is a legal finding which must be
made prior to award of the contract.
The construction administration for this project will
initially be handled by Public Works Staff and the Architect, but
it may be necessary to contract for construction management
services when construction commences. In addition, there will be
a minimal amount of materials compliance testing and survey work
required for this project.
•
i
I
RESOLUTION NO. 13-91
• A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH
Shetler Construction
j
FOR
CONSTRUCTION OF THE ATASCADERO LAKE PAVILION
The City Council of the City of Atascadero, California, hereby
resolves as follows:
1. The Mayor, or in the Mayor's absence, the City Manager,
is hereby authorized to execute an agreement with: Darren
Shetler Construction of San Luis Obispo, California to
constructdocuments
for r
agreementsAtascadero Lake Pavilion and all other
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 City Council of
the City of Atascadero held on the 26th day of February, 1991.
CITY OF ATASCADERO, CALIFORNIA
BY
Robert B. Lilley, Mayor
ATTEST:
Lee Dayka, City Clerk
BID SUMMARY •
TO: Greg Luke, Public Works Director
Andy Takata, Director of Parks, Recreation & Zoo
FROM: Lee Dayka Q/�
City Clerkf
BID NO. 91-2
OPENED 2/21/91 2:00 P.M.
PROJECT: Lake Park Pavilion - Phase II
The following bids were received and opened this afternoon. The results are as
follows:
Name of Contractor Base Bid Deductive Alternate
Shetler Construction $1 ,261 ,418 $ 92,000
San Luis Obispo
The Edwards Group 1 ,269,339 100,732
Newport Beach
Norm Norton Construction 1 ,334,800 95,900 •
Atascadero
Larry Wysong Construction 1 ,355,000 91 ,000
Atascadero
Maino Construction 1 ,360,067 99, 116
San Luis Obispo
Nick Pockrajac, Inc. 1 ,369,653 69, 155
Templeton
Kirkham Constructors, Inc. 1 ,400,000 87,495
Lompoc
H & A Construction 1 ,401 ,240 139, 100
Bakersfield
A.J. Diani Construction 1 ,427,500 131 ,650
Santa Maria
Valenzuela Engineering 1 ,485,000 128,000
Santa Maria
Robert ' s Construction 1 ,492,600 109,281
Atascadero Ank
Architect's -Estimate 1,317,509 124,106
CONTRACTORS LICENSING STATEMENT FORM
• The undersigned is licensed in accordance with the laws of the
State of California providing for the registration of Contractors.
Contractor's license classification and number 480038 A, B & C10
Name of individual contractor (print or type)
Darren W. Shetler y�.....�i�./"�•
Business Address 25 Johe Road, San Luis Obispo, CA 93405
Business Telephone (805) 549-8100
or
Name of Firm: Darren Shetler Construction
Business Address 25 Johe Road, San Luis Obispo, CA 93405
Business Telephone (805) 549-8100
Signature, title, and address of members signing on behalf of
partnership:
Name NSA Titles
• Address
Name Title
Address
Name Title
Address
or
Name of Corporation N/A
Business Address
Corporation organized under the laws of the State of
Signature of President of Corporation
Signature of Secretary of Corporation
• Proposal Forms - 5
BID SHEET •
-----------------------------------------------------------------
Atascadero Lake Park Pavilion
-----------------------------------------------------------------
Construct all of the work
according to the Plans and O,
Specifications for the --
Lump Sum amount of: $_Y /.L6/,
Deductive Alternate 1,
as described in the Plans,
according to the Plans and CO
Specifications for the
Lump Sum amount of: (deduct) $X
i-T
The undersigned bidder certifies that he/she has confirmed that the
proposed form of contract and the plans and specifications are
complete and that he has received addenda numbered 1
through 3
February 21, 1991 Darren Shetler Construction
Date Bidder's Name
25 Johe Road j!
4�zp �
Address A horized Signature -
San Luis Obispo, CA 93405 Individual
Type of Organization
(Individual, Partnership, Corporation
Proposal Forms - 4
• LIST OF SUBCONTRACTORS
In accordance with the provisions of Section 4100 et. seq. of the
government Code of the State of California, the bidder shall, in
its bid, list the name and place of business of each subcontractor
who will perform work or labor or render service to the prime
contractor in an amount in excess of one-half of one percent or
$10, 000, whichever is greater, of the prime contractor's total bid.
Name under which License No. Address Specific
Subcontractor is and of Office Description
Licensed Classification Mill or Shop of Subcontract
Jack Perry Construction 449110 B 3945 Adelaide Carpentry
Paso Robles, CA 93447
Roethler Enterprises 399505 B 1512 Newport St Masonry
San Luis Obispo, CA 93401
Ramin'na Construction 469531 A. C36 7500 Cortina Underground/Offsite
Atascadero, CA 93422
• Chuck Bright Woodworking 538802 C6 5255 Traffic Way Cabinetry
Atascadero, CA 93422
R.V. Umphenour 191865 B 955 S. River Road Finish Carpentry
Paso Robles, CA 93446
Precision-Painting 443952 4180 Shadow Canyon Rd Painting
Templeton, CA 93465
Phillips Floor Coverings 272480 1454 W. Branch Ceramic Tile
Arroyo Grande, CA 93420
Do not list alternative subcontractors for the same work. '
(Include a second page if necessary. )
Proposal Forms - 6
a
LIST OF SUBCONTRACTORS •
In accordance with the provisions of Section 4100 et. seq. of the
government Code of the State of California, the bidder shall, in
its bid, list the name and place of business of each subcontractor
who will perform work or labor or render service to the prime
contractor in an amount in excess of one-half of one percent or
$10, 000, whichever is greater, of the prime contractor's total bid.
Name under which License No. Address Specific
Subcontractor is and of Office Description
Licensed Classification Mill or Shop of Subcontract
Morro Creek Nursery 532313 C27 P.O. Box 1622 Landscaping
Morro Bay, CA 93443
Bergantz Interior 479721 B,C9 & C2 1750 Beach Street Drywall
Systems, inc.
San Luis Obispo, CA 93401
Mullen Fire Protection 568529 C16 35 Gibson Rd Fire Sprinklers
Templeton, CA 93456
Evans Plasterings Inc 468146 1565 Maxwellton St Plastering •
San Luis Obispo, CA 93401
Red's Plumbing Inc. 597191 8860 Palomar Ctr Plumbing
Atascadero, CA 93422
Templeton Steel 519178 C51 Rt.1 17B Ramada Steel
Paso Robles, CA 93446
Tom Vaughn Constr. 507577 P.O. Box 172 Concrete
San Miguel, CA 93451
Do not list alternative subcontractors for the same work. *
(Include a second page if necessary.) .
-' Proposal Forms - 6
f , 1
f
LIST OF SUBCONTRACTORS
In accordance with the provisions of Section 4100 et. seq. of the
government Code of the State of California, the bidder shall, in
its bid, list the name and place of business of each subcontractor
who will perform work or labor or render service to the prime
contractor in an amount in excess of one-half of one percent or
$10, 000, whichever is greater, of the prime contractor's total bid.
Mame under which License No. Address Specific
Subcontractor is and of Office Description
Licensed t� Classification Mill or Shop of Subcontract
f/�TGla•v /rooms "If/.Ya /oo s loft rswtt �p 1-ivL
c.j ra
_A O.SJXL GA4n.,, Cho- *tj 66 aS d
O t♦ �l tai
Do not list alternative subcontractors for the same work.
(Include a second page if necessary. )
Proposal -
p al Forms 6
---------------
NON-COLLUSION AFFIDAVIT •
(To be executed by each awardee of a principal contract)
Duren SIletier , being first duly sworn,
deposes and says that he is .col r= awn
sole owner, a partner, president, etc.
of Darren Shetler Construction
the party making the foregoing bid; that such bid is not made in
the interest of or on behalf of any undisclosed person,
partnership, company association, organization, or corporation;
that such bid is genuine and not collusive or sham; that said
bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, nor that anyone shall refrain
from bidding; that said bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of said bidder or of any other bidder,
nor to fix any overhead, profit, or cost element of such bid price,
nor of that of any other bidder, nor to secure any advantage
against the public body awarding the contract or anyone interested
in the proposed contract; that all statements contained in such bid
are true; and, further, that said bidder has not directly or
indirectly, submitted his bid price or any breakdown thereof, nor •
the contents thereof, nor divulged information or data relative
thereto, nor paid and will not pay fee in connection therewith to
any corporation, partnership, company, association, organization,
bid depository, nor to any member or agent thereof, nor to any
other individual except to such person or persons as have a
partnership or other financial interest with said bidder in his
general business.
Signed:
Title: Owner
Subscribed and sworn to before me
this day of , 1991 OFFICIAL SEAL
r. ,•�; DEBORAH JEFFREY I
Seal of Notary w NOTARY PUBLIC - _I�02NfA
' SAN BERNARDINO COUNTY
14 COMM. expirn AU 27, :'393
gota,rSPUblic
Proposal Forms - 9
The Ohio CasualtyInsurance Company
. HAMILTON, OHIO
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, That we, DARREN SHETLER CONSTRUCTION,
25 JOHE ROAD, SAN LUIS OBISPO, CA 93405
(hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM-
PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the
City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of
CALIFORNIA as Surety, are held and firmly bound unto CITY OF ATASCADERO,
6500 PALMA AVENUE, ATASCADERO, CA 93422
(hereinafter called the Obligee) in the penal sum of TEN PERCENT OF BID
Dollars ($10% of Bid)
lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has
submitted the accompanying bid, dated FEBRUARY 20, 19 91 , for ASSEMBLY BUILDING
AND PARK IMPROVEMENTS
NOW, THEREFORE, if the Obligee shall make any award according to the terms of said
bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said
bid and give bond for the faithful performance thereof within the time specified; or if no time is
---. &— L.", ,t _, nfrni,
r ro Aare of ail acvnrd! or if the2rincinal sh il_ in Alp -nco of_failure
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
On this 2L.TF1.day of...Zabz axy............ in the year ..1.9.E 4, before me,
Linda G. Doust
. a NOTARY PUBLIC in and for said
(Notary's Name)
State,personally appeared .........Leonore,.Woolp...... ,,,,. personally
known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument as the attorney-in-
iM3t: C^U�T fact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl-
P
LIZ-
(her)
to me that he (she) subscribed the name of THE OHIO CASUALTY
�:' , INSURANCE COMPANY thereto a� Surety ( ) own name as
NS.I -u...4''i wu V�ui.. . and hi her
��--' w' ""` `• attorney-in-fact.
.... ia»J...:.:...:.:`.. .. .... .... ....
Notary Public�in and for said State
My Commiesion Expires........4,j 12l 9 4.................................
S-4828
BID SUMMARY
TO: Greg Luke, Public Works Director
Andy Takata, Director of Parks, Recreation & Zoo
FROM: Lee Dayka
City Clerk.,&
BID NO. 91-2
OPENED 2/21/91 2:00 P.M.
PROJECT: Lake Park Pavilion - Phase II
The following bids were received and opened this afternoon. The results are a
follows:
Name of Contractor Base Bid Deductive Alternate
Shetler Construction $1 ,261 ,418 $ 92,000
San Luis Obispo
The Edwards Group 1 ,269,339 100,732
Newport Beach
" rm Norton Construction 1 ,334,800 95,900
Atascadero
Larry Wysong Construction 1 ,355,000 91 ,000
Atascadero
Maino Construction 1 ,360,067 99, 116
San Luis Obispo
Nick Pockrajac , Inc . 1 ,369,653 69, 155
Templeton
Kirkham Constructors, Inc. 1 ,400,000 87,495
Lompoc
H & A Construction 1 ,401 ,240 139, 100
Bakersfield
A.J. Diani Construction 1 ,427,500 131 ,650
Santa Maria
Valenzuela Engineering 1 ,485,000 128,000
Santa Maria
Robert ' s Construction 1 ,492,600 109,281
L j,ascadero
• `�IE�IN a1eN
MEETING AGENDA
M E M 0 R A N D U K DATE212691 ITEM# CC--2.__
DATE: January 17, 1990
TO: Ray Windsor, City Manager
FROM: Arther R. Montandon, City Attorney
SUBJECT: CITY COUNCIL AGENDA PORK
We have discussed possible changes in the agenda format to
simplify the proceedings and save time. I have no objection to
their implementation. They are as follows:
1 . Placement of the second reading of ordinances on the consent
calendar.
2. Placing on the consent calendar a recommendation that the
City Council waive the reading in full of all ordinances.
Additionally, I recommend that the following be placed at the
beginning of all agendas. This language will provide a safety
net to avoid potential violations of the Brown Act.
"This agenda is prepared and posted pursuant to the re-
quirements of Government Code Section 54954.2. By list-
ing a topic on this agenda , the City Council has ex-
pressed 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 taken
shall include : a referral to staff with specific
requests for information; continuance ; specific direc-
tion to staff concerning the policy or mission of the
item; discontinuance of consideration; authorization to
enter into negotiations and execute agreements pertain-
ing 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 busi-
ness hours. The City Clerk will answer any questions
regarding the agenda ."
Please contact me regarding any questions you may have .
atas2
#. ORDINANCE N0. 203 - AMENDING THE OFFICIAL ZONING ORDINANCE
TE RELATIVE TO NON-CONFORMING USES OF LAND (Zone Change 3-
B9 - of Atascadero )
(SECOND R ING: Recommend motion for adopti of Ord. No .
203 - Roll Ca )
The City Manager stated t this ordi ce was introduced with a
unanimous vote. Henry Engen oted at there was a typographical
error on the staff transmit with regard to the ordinance
number.
The City Attorney vised that a ' Matz to adopt would be
appropriate.
MOTION: y Mayor Dexter and seconded by Councilw an Borgeson
to adopt Ordinance No. 203; passed unanimous by roll
call vote.
5. CITY COUNCIL AGENDA FORUM
The City Attorney gave his report with recommendations to: 1 )
place the reading of all second ordinances on the consent
calendar , 2) placing on the consent calendar a recommendation
that the City Council waive the reading in full of all ordinances
and 3) an addition to all agendas language from the Brown Act
which would delineate a number of alternatives that can be taken
by the Council .
Discussion followed regarding the reading of the ordinances and
the City Manager clarified that the Council still has the
flexibility of reading ordinances in full if they so chose.
Councilman Lilley supported the addition of Brown Act language to
the agenda.
MOTION By Councilwoman Mackey and seconded by Councilman
Shiers to adopt the City Council Agenda Forum as
outlined; passed unanimously by roll call vote.
b. IMG MID-YEAR BUDGET REVIEW (Recommend 2/13 , 5:30
P .M. )
Mr. Windsor assured the Coun his meeting would be short
and simple. He stat a there will no � n comp �Meeting
ssues
to be addre Mayor Dexter clarified that the re_
wil ow. There was no objection to this meeting date.
CC1/23/90
j\ Page 13
MEETING AGENDA
DATE 2/26/91 ITEM# C-3_.._.
RESOLUTION NO. 12-91
A RESOLUTION OF THE ATASCADERO CITY COUNCIL
ESTABLISHING AN ATASCADERO ECONOMIC ROUND TABLE
AND DEFINING ITS PURPOSE
WHEREAS, The Council of the City of Atascadero has appointed
a citizen Economic Round Table to work toward strengthening the
City' s economic base; and
WHEREAS, The Economic Base Analysis and Downtown Revitaliza-
tion Study, conducted by Economic Research Associates (ERA} in
1988, recommended that, "the City shall initiate an Atascadero
Economic Round Table. . .to regularly discuss, recommend and initiate
community economic development and diversification" ; and
WHEREAS, In the interests of prudent fiscal planning, the City
commissioned a report from Crawford, Multari & Starr in 1990,
entitled, Long-Range Fiscal Analysis, which concurred with the ERA
recommendation by stating that, "the City will help initiate and
support an Atascadero Economic Round Table composed of diverse
representation of the business community and residents to discuss,
recommend and sta t community economic development and diversifi-
cation" ; and
WHEREAS, The City of Ae cadero' s General Plan Update states
in its Draft Land Use Element that, "As a post-Proposition 13 City
containing over 24 square miles of land, 23 square miles of which
is residential in nature, it is imperative that a sound economic
base be assured" and, "Development of a sound economic base will
be critical to maintaining and enhancing the community' s identity
as a distinctive free-standing City" ; and
WHEREAS, It is a priority of the City of Atascadero to plan
for a stable economic future, in keeping with the overall character
of the community as stated in the General Pian;
NOW, THEREFORE, The Atascadero City Council does resolve as
follows :
1 . Economic Round Table . Membership of the economic round-
table shall consist of thirteen ( 13 ) members appointed
1�lr tic /'i to !' nitrini l no �e.l 1 �l.rc
JJs 4.LJ�. �i•..s 4VJJJV J.1 MN iVilVrl.! •
1 . Mayor
2 . Financial institutions (Santa Lucia National Bank,
Mid-state Bank and Bank of America)
3 . Four members of the Chamber of Commerce
4 . Two members of the Business Improvement Association
5 . Three members-at-large
Initial appointees shall be as follows :
Mayor: 1 . Robert Lilley
Financial Institutions : 2 . Stan Cherry
3 . Mike Kirkwood
4 . John Cotsenmoyer
(Continued next page)
RESOLUTION NO. 12-91 (Cont'd)
Chamber of Commerce: 5 . Bill Mazzacane
6. Ray Johnson
7. Dave Vega
8 . Richard Shannon
Business Improvement
Association: 9. John Himes
10. Jack Porter
Members-at-Large: 11 . Muriel Korba
12. Mildred Copelan
13 . Jack Stinchfield
2 . Terms . Except for the Mayor, who shall be the current
incumbent, the thirteen members shall be appointed to
two-year terms, ending on June 30, 1993, which may be
extended as deemed appropriate by Council.
3 . Duties and Responsibilities . The Round Table is not
intended to serve as a conventional Council-appointed
committee but rather as a City/private partnership of
local citizens working to enhance the economic viability
of the community toward goals identified in the City' s
General Plan and related policy documents . Toward this
end, the Round Table shall pursue the following:
A. Become familiar with the Economic Research Asso-
ciates Report and recommendations, the Long-Range
Fiscal Analysis Report' s content and recommenda-
tions, and the goals and objectives of the City' s
General Plan.
B. Recommend means for encouraging the retention and
enhancement of existing economic enterprises within
the City of Atascadero.
C. Recommend methods for targeting economic activities
and enterprises which should be pursued in order to
complement the City' s existing industrial/commercial
base while enhancing the City' s principal revenue
sources .
D. Recommend, as appropriate, local Nle elopment of a
craftsmen park, home furnishings district, restau-
rant row, auto mall, and unique traveler destination
economic enterprises consistent with Item #C.
E . Follow up on any question referred to it by the City
Council for investigation, finding or report.
4 . Operations . The Round Table shall choose its own offi-
cers, as appropriate, make its own rules and regulations
and keep a journal of its proceedings . The majority of
its members shall be a quorum for the transaction of
business where specific recommendations are to be made.
Otherwise, meetings with less than a quorum may be held
as determined by the Chair.
2
RESOLUTION NO. 12-91 (Cont' d)
5 . Meetings . The Round Table shall meet at the discretion
of its elected chair, provided that it shall meet at
least quarterly. Proper notice of time, place and agenda
of said meetings shall be posted in accordance with the
provisions of Section 54956 of the Government Code of the
State of California.
6 . Reports . The chairperson of the Round Table shall report
to the City Council, as appropriate, for information or
recommended action, with the understanding that there
shall be at least semi-annual reports on the Round
Table' s activities.
On motion by Councilmember seconded by Council-
member , the foregoing resolution is hereby adopted in
its entirety on the following roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED: BY:
ROBERT B. LILLEY, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
PREPARED BY:
HENRY ENGEN, Community Development Director
ATTEST:
LEE DAYKA, City Clerk
3
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