HomeMy WebLinkAboutAgenda Packet 10/30/1990 PUBLIC REVIEW COPY
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A G E N D A FROM COUNTER
ATASCADERO CITY COUNCIL
REGULAR MEETING
ATASCADERO ADMINISTRATION BUILDING
6500 PALMA
FOURTH FLOOR, ROTUNDA ROOM
OCTOBER 30, 1990
7 :00 P.M.
This agenda is prepared and posted pursuant to the require-
ments of Government Code Section 54954 .2 . By listing a topic on
this agenda, the City Council has expressed its intent to discuss
and act on each item. In addition to any action identified in the
brief general description of each item, the actionthat may be tak-
en shall include: A referral to staff with specific requests for
information; continuance; specific direction to staff concerning
the policy or mission of the item; discontinuance of consideration;
authorization to enter into negotiations and execute agreements
pertaining to the item; adoption or approval and, disapproval.
Copies of the staff reports or other documentation relating
to each item of business referred to on the _agenda are on file in
the office of the City Clerk, available for public inspection
during City Hall business hours . The City Clerk will answer any
questions regarding the agenda.
RULES OF PUBLIC PARTICIPATION:
Members of the- audience may speak on any item on the agenda.
* A person may speak for five (5) minutes .
No one may speak for a second time until everyone wishing to
speak has had an opportunity to do so.
* No one may speak more than twice on any item.
Council Members may question any speaker; the speaker may
respond but, after the allotted time has expired, may not
initiate further discussion.
* The floor will then be closed to public participation and
open for Council discussion.
Call to order
Pledge of Allegiance
Roll Call
City Council Comment:
* Proclamations :
- "Key Club Week" November 4-10, 1990
- "Hospice Month", November 1990
- "Pornography Awareness Week" , October 28 - November 4, 1990
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COMMUNITY FORUM:
The Cit Council values and encourages exchange of ideas and
Y g
comments from you, the 'citizen. The Community Forum periodis
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 from the Consent Calendar, which shall then be re-
viewed and acted upon separately after the adoption of the Consent
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.
1. SEPTEMBER 25, 1990 CITY COUNCIL MINUTES
2. OCTOBER 4, 1990 JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES
3 OCTOBER 13, 1990 CITY COUNCIL MINUTES (Special Meeting)
4 . RESOLUTION NO. 118-90 - ENCOURAGING THE APPLICATION OF WATER
CONSERVATION METHODS
5 . CONDITIONAL USE PERMIT 09-89 AND TENTATIVE TRACT MAP 21-89,
8555' EL CORTE - Consideration of Findings and Conditions of
Approval for proposal to subdivide six existing lots of 21
acres into 73` lots for single-family homes ( including one
common lot) (Bunnell Development Co. ) (Cont' d from 10/9/90)
6. ORDINANCE NO. 211 - ZONE CHANGE 15-89, 8555 EL CORTE -
Proposed amendment of language of the Planned Development
Overlay Zone No. 6 (PD6) applicable to , 21 acres at subject
address (Bunnell) (Second Reading & Adoption) (Cont'd from
10/9/90)
7. RESOLUTION NO. 119-90 ENDORSING DESIGNATION OF THE CENTRAL
COAST NATIONAL MARINE SANCTUARY
8. RENAMING OF TRAFFIC WAY PARK
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B. HEARINGS/APPEARANCES
1. BENCH PROPERTY PURCHASE AGREEMENT (Parcel 3 of Tentative Par-
cel Map AT 88-307 ) (Requires 4/5 Vote)
A. Resolution No. 120-90 - Resolution of Necessity
2. CONDITIONAL USE PERMIT 10-90, 6905 EL CAMINO REAL - considera-
tion of appeal by Gaylen Little of signage conditions approved
by the Planning Commission for the Century Plaza Center (E1
Camino Associates)
3. URGENCY ORDINANCE NO. 212 - EXTENSION OF ,CONDOMINIUM 'CONVER-
§ION MORATORIUM ORDINANCE NO. '210 (Requires 4/5 Vote)
4. HEARING TO CONSIDER` REVOCATION OF CITY BUSINESS LICENSE #x90216
8052 CRISTOBAL (R & S Plumbing) (Cont' d from 9/25/90)
C. REGULAR BUSINESS:
1. LOCAL WATER RESOURCES REVIEW
A. Questions raised at the Special Meeting held October 13,
1990
B. Proposal for water Resources Study
2 . BACKYARD BURNING RESTRICTIONS ORDINANCE
3 . BID #90-11 - AWARD THREE-YEAR LANDSCAPE MAINTENANCE CONTRACT
FOR CITY PARK PROPERTIES
4 . ELEVATOR MAINTENANCE CONTRACT RENEWAL
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council:
A. Committee Reports (The following represents ad hoc or
standing committees . Informative status reports will be
given, as felt necessary. ) :
1 . City/School Committee
2 . North Coastal Transit
3 . S.L.O. Area Coordinating Council
4 . Traffic Committee
5 . Solid/Hazardous Waste Mgmt. Committee
6. Recycling Committee
7 . Economic Opportunity Commission
8. B.I.A.
2 . City Attorney
3. City Clerk
4 . City Treasurer
5. City Manager
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P R O C L A M A T I O N
"Hospice Month"
November, 1990
WHEREAS, Hospice is a unique humanitarian organization dedi-
cated to quality care for the terminally ill and the dignity of
the human experience; and
WHEREAS, in 1989 Hospice provided home care and counseling
services to over 1087 individuals in our communities; and
WHEREAS, there are currently 98 volunteers, including visiting
in-home volunteers, bereavement, administrative and office volun-
teers and medical and social consultants; and
WHEREAS, compassionate professionals and volunteers provide
• appropriate competent care in an environment suitable to one' s
personal individuality; and
WHEREAS, tree lighting ceremonies will occur in our City and
county during the 2nd week in December with the lighting of holiday
trees with brilliant white bulbs, each in honor of a loved one; and
WHEREAS, November is National Hospice Month.
THEREFORE, I Robert Lilley, Mayor of the City of Atascadero
do hereby proclaim the month of November as "Hospice " .
AA A
RO ER B. LIL , Mayor
City of Atas ero, CA
Dated: October 30, 1990
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P R O C L A M A T I O N •
"Key Club Week"
November 4-10, 1990
WHEREAS, Key Club International, a high school service
organization sponsored by Kiwanis International, is observing the
week of November 4-10, 1990, as Key Club Week; and
WHEREAS, The members of the Key Club of Atascadero are part
of an international organization of over 132,000 students dedicated
to serve with purpose their school and community, seeking to give
primacy to the human and spiritual rather than the material values
of life; and
WHEREAS, They promote the adoption of high standards in scho-
lastics, sportsmanship and social contacts and the development of
a more concerned citizenship; and
WHEREAS, Through their purposeful service they have helped to
build better communities by making their motto, "Caring. . .Our Way
of Life" , more than just words by making it a goal for living; and
WHEREAS, Each member will perform at least fifty hours of ser-
vice to his or her home, school and community annually; and •
WHEREAS, The 1990-91 Theme and Major Emphasis Program, "Renew
Your Commitment" , focuses on being aware of the present social
conditions and looking back to the fundamental ideals of Key Club
to build a better future; and
WHEREAS, The service provided by the Key Club will have a
positive impact on our community and its citizens .
THEREFORE, I Robert Lilley, Mayor of the City of Atascadero
do hereby proclaim the week of November 4-10, 1990 as Key Club
Week, and call upon the officials of the City and all citizens to
render support to the members of this organization and make them-
selves aware of Key Club, whose members are preparing themselves
to be better, more responsible citizens as they provide meaningful
services to our community.
OBERT . LILLEY ,
Mayor
Y
it of Atascad o CA
Dated: October 30, 1990
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P R O C L A M A T I O N
"Pornography Awareness Week"
October 28 - November 4, 1990
WHEREAS, The United States Supreme Court has repeatedly ruled
that obscenity is not protected speech under the First Amendment;
WHEREAS, Pornography inflicts tremendous suffering and damage
to individuals, families, children, business districts, communities
and our nation;
WHEREAS, In this era of escalating violence, pornography fea-
tures and promotes sadomasochism and rape;
WHEREAS, Children are increasingly sexually molesting other
children in imitation of what they've seen;
WHEREAS, There are state and federal anti-obscenity laws on
the books to protect public safety, public morality and public
health; -
WHEREAS, Millions of Americans throughout this great nation
will be participating in Pornography Awareness Week as part of the
White Ribbon Campaign against Pornography (WRAP 1990) ;
NOW, THEREFORE, I Robert Lilley, Mayor, do hereby proclaim the
week of October 28 "Pornography Awareness Week" in the City of
Atascadero.
ROBERT B. LILLEY, Mayor
City of Atascadero, CA
Dated: October 30, 1990
October 21 , 1990
Dear Mr. Mayor,
I just read the enclosed article.
Although I don't know your exact stand on
the subject of pornography, I 'm sure you 're _
well aware of the situation and its far-
reaching influence.
I know there is very little time
left between now and October 28th to bring
it up with the City Council, but -I thought
you might still like to make some public
statement about Atascadero' s concerns for
its people - or even a more personal message
of your own feelings .
r _Sincerely, ^
Mari' e okulil
Porn Awareness Week begins October 28
Pornography Awareness Week 1990 will against pornography and obscenity.
I be observed October 28 through November Many people continue to be victims of
4. PAW is an annual event and serves to pornography through rape,incest and child
raise public awareness to the problem of molestation.Also many men are victims as
pornography in local communities all over well through an addiction to pornography
the country. _ American Family Association strongly
Many groups across the nation will be urges participation in WRAP 1990. For a i
participating in the White Ribbon Cam- complete WRAP packet of"how to" in-
paign against Pornography()WRAP 1990). formation,including how to get local gov-
Morality in Media estimates that over five ernment officials involved, how to get a
million people participated in all 50 states in proclamation from your mayor or governor, i
1989. WRAP-has proven to be a very etc., send S5 to Morality In Media, 475
successful way of bringing entire c:ommuni- Riverside Drive,New York,NY 10115 or
ties together to oppose pornography. The call (212) 870-3222 and ask for Patty
white ribbon is used to symbolize the war McEntee.
Below a a sample proclamation that may be adopted by local or state governments in
recognition of Pornography Awareness Week
MEETING AGENDA
DATE 10/30/9 ITEM#
ATASCADERO CITY COUNCIL
MINUTES
SEPTEMBER 25, 1990
The meeting was called to order at 6:09 p .m. by Mayor Lilley.
Councilman Shiers led the Pledge of Allegiance.
ROLL CALL:
Present : Councilmembers Shiers, Dexter , Borgeson and
Mayor Lilley
Absent : Councilman Nimmo
Also Present : Muriel Korba , City Treasurer and Lee Dayka,
City Clerk
Staff Present : Ray Windsor , City Manager ; Art Montandon,
• City Attorney ; Henry Engen, Community
Development Director ; Hill Wittmeyer , Code
Enforcement Officer ; Andy Takata, Director of
Parks , Recreation & Zoo ; Greg Luke, Public
Works Director ; Lisa Schicker , Natural
Resource Specialist ; Lt . Bill Watton, Police
Department ; Mike Hicks, Fire Chief and
several members of his staff.
Mayor Lilley deferred Community Forum and the reading of a
proclamation until after the special presentation of the. Fire
Master Plan.
CONSULTANT'S PRESENTATION OF THE FIRE MASTER PLAN:
Fire Chief , Mike Hicks , introduced Jim Hunt and Don Perry of Hunt
Research . Mr . Hunt gave an overview of the city as it relates to
fire and medical emergency services and commended the City of
Atascadero ' s Fire Department for its highly qualified staff.
Don Perry reported that . he had evaluated response times and has
provided guidelines and recommendations. Mr . Perry also praised
the Fire Department for its fine training as it relates to
wildland fires.
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The consultants responded to questions from the Council relating
to response and reflex times , criteria for making land use
decisions and additional fire houses.
Chief Hicks voiced strong support for the master plan and
acknowledged the presence of many members of his staff. The Fire
Chief reported that over the past ten years, calls have
increased from 250 to 2,000 with about the same services . He
stated that it might be reasonable to put another fire house on
the line sometime over the next three years and added that his
department is currently implementing some of the recommendations
of the plan that require minimal expenditures.
Additional Council questions followed relating to educational
programs. The Fire Chief indicated that this is an issue Of
high priority and reported that there are educational programs
already in affect . Council was in favor of this concept .
Councilwoman Borgeson stated support for setting forth a Fire
Prevention Element and asked for a written response from the Fire
Department as to how they view the document , with an outline of
what recommendations they are currently following .
Councilman Dexter concurred and further suggested that the Fire
Department set specific goals and priorities with recommendations
for follow through . Mayor Lilley agreed , adding that input and
consensus from departmental staff should be forwarded to Council
along with a basis for implementation.
Councilman Nimmo arrived at 6:56 p . m.
Councilman Shiers congratulated the Fire Chief and his department
for their excellent service.
The City Manager recommended that Council accept the report and
refer it back to the Fire Chief and City "'tanager for further
analysis and concurrently refer it to the Community Development
Department for bringing into line with the General Plan Update so
it does become the Fire Master Plan Element at some future date.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Dexter to receive and accept the report ; to refer- it
back to the City Manager , Fire Chief and Community
Development Department with the long-tei,-m view that it
will be incorporated into the General Plan; motion
unanimously passed .
CC9/25/90 •
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COUNCIL COMMENT:
Councilwoman Borgeson noted that , during the previous weekend ,
the Police Department had been called to investigate into a
recurring problem of unlicensed drivers of recreational vehicles
in the creekbed and stated that she would like to see the Council
take some future action on the matter .
PROCLAMATION:
Mayor Lilley proclaimed the month of October 1990 as "PTA/PTSA
Membership Month" .
PRESENTATION•
Jack Stinchfield , President , Richard Summers and Bill Carroll of
the Atascadero Rotary Club presented to the mayor a pledge in
the amount of $25,000 for the Friends of the Lake Pavilion.
Sarah Gronstrand , Chairperson, accepted .
COMMUNITY FORUM:
Eric Greening , 7365 Valle referenced Councilwoman Borgeson ' s
comment relating to off-road vehicles and suggested that any
• action taken might also include Pine Mountain and other rural
areas .
Mr . Lutge, 4155 Tampico Road , stated that he had been attempting
to get an item through the Planning Department for approximately
three months and had sought counsel to interpret regulations. He
indicated that his attorney had tried to correspond with Mr .
Montandon and had not received any response and provided copies
of the correspondence to Council . The City Attorney explained
that he had been ill , but would have a response by the end of the
week .
A. CONSENT CALENDAR:
Mayor Lilley read the Consent Calendar :
1 . AUGUST 28, 1990 CITY COUNCIL MINUTES
2. SEPTEMBER 17, 1990 CITY COUNCIL MINUTES ( Special Meeting )
3. CITY TREASURER'S REPORT - AUGUST 1990
4. FINANCE DIRECTOR'S REPORT - AUGUST 1990
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5. RESOLUTION NO. 112-90 - AMENDING RESOLUTION NO. 5-90, WHICH
ADOPTED BY-LAWS FOR THE CITY 'S RECYCLING COMMITTEE
6. UPDATE ON SOLID WASTE ITEMS
The City Clerk made an amendment to item A-2 , Minutes from the
September 17, 1990 Special Meeting .
MOTION: By Councilman Shiers and seconded by Councilman Dexter
to approve the Consent Calendar as amended ; motion
carried 5:0.
B. HEARINGS/APPEARANCES:
1 . CONDITIONAL USE PERMIT 09-89, TENTATIVE TRACT MAP 21-89, AND
ZONE CHANGE 15-89, 8555 EL CORTE - Appeal by Ray Bunnel of
Planning Commission denial of proposal to subdivide six (6 )
existing lots of 21 acres into 78 lots for single-family
homes, including one common lot , and to revise standards of
the PD-6 Overlay Zone relating to the elevation at which
structures can be built on the site - Applicantrequests
continuance to October 9, 1990
Mayor Lilley announced that there had been a request by the
applicant to continue and asked if there was any one from the •
public who had come to speak on the matter . There were no public
comments.
MOTION: By Councilman Dexter- and seconded by Councilman Nimmo
to continue Item H-1 until October 10, 1990 ; motion
passed .
2. TENTATIVE TRACT MAP 27-89 - Appeal by Alan Volbrecht of
Planning Commission ' s denial of proposed tract map to re-
subdivide four lots of 30. 16 acres into eight lots of 3.77
acres each at 8700, 8850, 8900 and 9000 Santa Cruz Road
(Ryan/White)
The Community Development Director gave background and staff
report . Mr . Engen noted that the staff ' s recommendation to the
Planning Commission had been to approve and further recommended
that if Council was to uphold the appeal , appropriate road
conditions consistent with Resolution No . 111-90 would need to be
substituted . He then responded to specific questions from
Council regarding driveways, grading , lot size and easements .
Councilman Shiers noted that the general neighborhood character
would be affected by the subdivision, if approved .
CC9/25/90 •
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Public Comments:
Alan Volbrecht , agent for the applicant , stated that the project
was fifteen months in the making , referred to the Map Findings
and debated issues relating to fire response time, tree removal
and flag lot determination. He pointed out that in Mr . Engen ' s
report , it was noted that "Staff remains of the opinion that
there are eight reasonable building sites on the property and
that the Findings originally recommended for approval are
reasonable, subject to the proposed conditions . " Mr . Volbrecht
added that the applicant does not have a problem with the
original proposed conditions. He then responded to questions
from Council .
Councilwoman Borgeson made reference to a letter received from
the neighboring property owner , Mr . John Martin, who had
requested that the applicants construct a fence between the two
properties. Mr . Volbrecht stated that the construction of any
fencing would be done by the owners themselves, explaining that
this was not a conditional requirement for development .
Mr . Volbrecht then responded to questions directed to him by the
mayor relating to fire sprinklers and private roadways.
. Dennis Voss, Ranch Manager for Mr . Martin, spoke in his behalf.
He indicated that the owner has experienced problems with
teenagers trespassing on their property and destroying existing
fencing . He stated that the proposed road butts up against the
Martin Ranch and requested that the applicants build a five foot
fence between the two adjoining properties to create a buffer
zone to prevent trespassing .
Council discussion followed regarding fencing and who legally was
obligated to construct it . The City Attorney advised that the
City does have the ability to require the fence as part of the
design and improvement of the subdivision, but it is not legally
compeled to do so . He stated that the City would not suffer any
risk of liability for not making that requirement , but added that
the matter was within the discretion of the City Council if they
wanted fencing for subdivisions of this type.
Further discussion ensued . Councilwoman Borgesor, stated that the
Council has a responsibility to protect the citizens and shared
concerns for the safety of young children.
Councilman Nimmo spoke in support of the appeal and expressed
frustration over the unnecessary burdens the Planning Commission
has placed on the applicants and staff .
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Page 5
Mayor Lilley commented that the applicant was working with the
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staff and commended both . He stated that the application was a
reasonable and legally permissible subdivision.
Councilman Shiers stated that he could not support the project
because the project did not meet the requirements of the
Subdivision Ordinance and expressed concern for future
subdividing . In addition, he explained that he was uncomfortable
with the 3: 1 depth to width ratio and minimum lot size.
Councilman Dexter was supportive of the project and added that
the Subdivision Ordinance should be looked at to determine
whether or not it needs amendment relative to design standards
that seem more appropriate for small , urban lots.
Councilwoman Borgeson opposed the approval of subdivisions when
emergency services cannot be met . She stated that she could not
make the findings of approval and supported the Planning
Commission ' s decision to deny.
MOTION: By Councilman Nimmo and seconded by Councilman Dexter
to grant the appeal of the Planning Commission denial
of Tentative Tract Map 27-89 and delete Road
Conditions No . 3, 4, 5, b & 7 consistent with
Resolution No . 111-90 and substitute Conditions 3(a) •
and 3(b ) as set forth by staff recommendation; motion
carried by a 3:2 vote, with Councilman Shiers and
Councilwoman Borgeson voting in opposition.
3. RESOLUTION NO. 114-90 — CONSIDERATION OF A REQUEST TO
ABANDON GUSTA ROAD RIGHT—OF—WAY, ROAD ABANDONMENT 2-90 (Off
of El Camino Real between La Linia and Principal )
(Peterson/Devencenzi )
Henry Engen gave staff report with the recommendation to approve.
He reported that the Planning Commission had made the necessary
findings and described them as 1 ) that the road abandonment was
not inconsistent with the General Plan and 2 ) that it would not
conflict with the circulation goals of the City.
The Community Development Director highlighted the seven
conditions of approval as follows: 1 ) a hold harmless statement
would be signed , 2) lot mergers would be completed prior to or
simultaneously with the recording , 3) fee title to Gusta Road
will be obtained , 4 ) there would be a thirty-foot easement
reserved on behalf of the public for drainage and utility
purposes, 5 ) a City-standard drive approach onto E1 Camino Real
would be constructed prior to recording , 6) all conditions would
CC9/25/90 •
Page 6
be completed prior to or simultaneously with the recording and 7)
there would be reciprocal easements for thirty-foot access
easement granted by the adjacent property owners.
Mr . Engen responded to a questions from Councilwoman Borgeson
relating to property appraisal . He stated that traditionally
street abandonments revert back to prior ownership and sale is
not sought .
Public Comment :
Steve Devencenzi , representing the applicant , stated that he was
in concurrence with the staff recommendations and made himself
available for questions.
MOTION: By Councilman Dexter and seconded by Councilman Nimmo
to adopt Resolution No . 114-90; summarily vacating a
portion of road pursuant to Streets and Highways Code;
Part 3, Public Streets, Highways and Service Easements
Vacation Law; Chapter 4 , Summary Vacation; 8333 (Being
the Gusta Road Right-of-Way) (Peterson) ; motion carried.
Mayor Lilley called for a recess at 8:40 p.m. The meeting was
reconvened at 8:53 p.m.
• 4. HEARING TO CONSIDER REVOCATION OF CITY BUSINESS LICENSE
#90216, R&S PLUMBING, 8052 CRISTOBAL
Mayor Lilley noted that R&S Plumbing had departed from the
Cristobal area and deferred to the Community Development
Director . Mr . Engen noted that revoking the license would no
longer be appropriate and requested a continuance until the next
regular meeting to ensure that the new location of the use was in
conformance.
The City Attorney advised that past conduct would be relevant and
indicated that the house in which the business was illegally
operated had not yet been sold . He concurred that a continuance
until the next' regular meeting would be appropriate, and added
that if the matter resolves a report would be submitted as part
of the Consent Calendar .
Public Comment ;
David Peterson, attorney , spoke on behalf of the owners of R&S
Plumbing , Reggie and Shannon Brard . He indicated that the owners
were trying to satisfy the neighbors and had shown good faith by
moving . Additionally , Mr . Peterson stated that the 9rards were
CC9/25/90
• Page 7
intending o t •
continue their business at the new address and
would make an effort to conform.
Mayor Lilley suggested that the Brards, or their attorney, meet
with the Planning Department in an effort to reach understanding
of conformance requirements. Mr . Peterson explained that the
owners were anxious to resolve the matter and noted that he was
in agreement with the continuance.
MOTION: By Councilman Nimmo and seconded by Councilman Dexter
to continue the matter until the meeting of October 30,
1990; motion carried .
5. ORDINANCE NO. 210 - CONDOMINIUM CONVERSION MORATORIUM
ORDINANCE - Consideration of an Urgency Interim Ordinance
to place a moratorium on new condominium conversions pending
completion of a study to develop a condominium conversion
ordinance (Requires 4/5 vote for passage)
Henry Engen reported that staff is preparing a Condominium
Conversion Ordinance and , having been directed to so , had
prepared an interim ordinance. He noted that , if passed , the
urgency ordinance would preclude anyone from the date of its '
passage from applying for a condominium conversion of an existing
rental unit . He added that the Planning Department would return •
any applications that had not been accepted as complete.
Councilman Nimmo asked the Community Development Director to
clarify "applications as accepted as complete" . Mr . Engen
responded that there are four ( 4) applications submitted that
were not referenced at the previous Council meeting when the
moratorium was discussed . He reported that of the four , one had
withdrawn, one had responded to technicalities in time, and the
other two would be sent back if the moratorium was passed .
Mr . Engen reported , following a question directed to him by
Councilwoman Borgeson, that the condominium ordinance would be
addressing standards relating to density, indoor storage, open
space, soundproofing , individual water meters and a formula for
determining how much existing housing stock can convert absent
new rental construction.
Public Comments :
Ed Sheehan, 32B0 Hidden Valley Road in Templeton, stated that he
had an initial application for conversion of a nine-unit complex .
He indicated that , in his opinion , there was no shortage of
apartments but that there was a need for low-cost/purchase
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• housing. He added that he did not see the urgency of the
situation.
Tim McCutcheon, President of the Atascadero Board of Realtors,
spoke in opposition to the moratorium, but said that he did not
see the urgency and urged Council to let staff prepare the
conversion ordinance in a timely manner . He also pointed out
that the City receives revenue from property taxes.
Tom Vaughn, 14555 Del Monte Road , asked the Council to consider
the long process some may have already gone through for
applications now pending and urged them not to pass the
moratorium ordinance.
John Faulkenstien, Cuesta Engineering , reported that there is a
mandated sixty-day notification period in order to apply for
condominium conversion and asked that this criteria be used for
determining the "cut-off line" .
Comments came back to Council . Councilman Dexter sympathized
with those applicants who presently were pending , but spoke in
support of the moratorium while staff drafts the condominium
ordinance.
Councilman Shiers indicated that there was an urgency due to the
• fact that the City had lost over 27% of its ' rental stock and
agreed with the recommendations of staff .
Councilwoman Borgeson referenced the staff report and indicated
that she believed the City was overdue for this type of
ordinance.
. Councilman Nimmo asked the Community Development Director if the
condominium ordinance could be in place within forty-five days .
Mr . Engen reported that it could not , as it would require proper
public hearings. Councilman Nimmo then stated that he was in
favor of an interim ordinance to avoid the City having a flood of
applications.
The mayor concurred and indicated that a cut-off line is a
necessity.
MOTION: By Councilman Dexter and seconded by Councilwoman
Borgeson to adopt Ordinance 210 by title only; motion
carried 5:0 by roll call vote .
CC9/25/90
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C. REGULAR BUSINESS:
1 . CLOSED SESSION FOR DISCUSSION OF PROPERTY PURCHASE
SETTLEMENT (M/M Thomas Bench - Property located near
Curbaril & Carmelita Ave. ) .
The City Manager reported that the Council would be adjourning to
a closed session to allow its designated negotiators, the City
Attorney and himself, to report back on the terms and conditions
of a proposed acquisition agreement with Mr . and Mrs . Bench for a
parcel of approximately 1 .2 acres abutting the Curbaril
extension. He indicated that Council would then adjourn back
into open session and would either take no action, thus
terminating further consideration of the purchase, or direct
staff to give notice to Mr . and Mrs. Bench of the City ' s intent
to hold a hearing on said acquisition, which would be held on
October 30, 1990.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Nimmo to adjourn to a closed session for the purpose of
discussions relating to property purchase settlement ;
motion unanimously carried by voice vote.
The meeting was adjourned at 9:32 p.m. The meeting was •
reconvened at 9:45 p.m.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Nimmo to set the hearing date as October 30, 1990;
motion carried 5:0 by roll call vote.
2. MEMORANDUM OF AGREEMENT AMONG THE COUNTY OF SAN LUIS OBISPO
AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER CITY,
PASO ROBLES, MORRO BAY, PISMO BEACH AND SAN LUIS OBISPO FOR
PREPARATION OF COUNTY AND CITY SOURCE REDUCTION AND
RECYCLING ELEMENTS, AND THE COUNTY-WIDE INTEGRATED WASTE
MANAGEMENT PLAN
Greg Luke, Public Works Director , reported that the Agreement
moves the authority for waste planning from the County to the
Area Council. The City Manager indicated that the Council is on
record conceptually to this format and that the Agreement puts it
into action.
In addition, Mr . Luke noted that the agreement in the packet did
not reflect the amount the County would be shifting to the Area
Council budget to front the effort and reported that the figure
would be $645,900.
CC9/25/90 •
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•
Public Comment :
Steve Devencenzi noted that he serves as vice-chairman of the
Technical Advisory Committee to the Solid Waste Task Force and
explained that the Public Works Director ' s input had been
valuable. He also acknowledged the efforts of Mari Mackey,
Councilwoman Borgeson and Councilman Nimmo and encouraged the
Council to proceed with the Agreement .
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers to authorize the mayor to sign on behalf of the
City ; motion unanimously passed by roll call vote.
3. APPOINT COUNCIL REPRESENTATIVE TO SERVE ON THE CITY/COUNTY
PARTICIPATION GROUP TO ADVISE THE COUNTY IN THE PREPARATION
OF A COMPREHENSIVE DEVELOPMENT IMPACT FEE STUDY
Mark Joseph , Administrative Services Director , reported that the
City/County Participation Group would be addressing the costs of
county-wide facilities and improvements within both the
incorporated and the unincorporated portion of the county. He
noted that the cities would then pay their fair share and
development fees would reflect costs.
• MOTION: By Councilman Dexter and seconded by Mayor Lilley to
nominate Councilman Nimmo as the City ' s representative
to serve on the City/County Participation Group ; motion
carried unanimously.
Councilman Nimmo accepted the appointment .
The City Manager designated Mark Joseph as the staff member to
work along with Councilman Nimmo .
4. REQUEST TO PURCHASE HIGH-RANGE LIFT TRUCK FOR TREE TRIMMING
Andy Takata gave the staff report and recommendation to approve
the purchase.
MOTION: By Councilman Dexter and seconded by Councilman Nimmo
to authorize staff to purchase a used 1974 Ford High-
Lift Truck • for $6, 000 from Denny Tree Service; motion
carried 5 :0 by roll call vote.
5. LIBRARY FACILITIES - BOARD OF SUPERVISORS BUDGET POLICY #13
STATUS
The City Manager reported that he had written a letter to the
• CC9/25/90
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•
Board of Supervisors asking for a two-week continuance of this
matter , which had been calendared for September 14 , 1990. He
explained that it was decided by a 3:2 vote to go ahead with the
item and to approve the policy amendment . Mr . Windsor indicated
that he had also received a letter from the County Administrator ,
Robert Hendrix , which outlined the action. He added that he was
hoping to have the opportunity to air the matter at the
Mayors/Manager Meeting on Thursday, September 27, 1990.
Public Comment:
Sarah Gronstrand , 7620 Del Rio Road , read a prepared statement
( see Exhibit A) voicing strong opposition to the Board ' s decision
to go ahead with the item, rather than continue it as had been
requested , and to the passage of the budget amendment .
Mayor Lilley asked the Council if there was support for official ,
formal action by the Council to request a reconsideration.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Dexter to formally request a reconsideration of Budget
Policy #13, to be written by the City Manager and to be
signed by the Mayor ; motion unanimously carried .
Mayor Lilley added that the matter would be shared with the •
Mayor/Managers Group during their meeting later in the week .
6. REQUEST TO RESCHEDULE THE REGULAR MEETING OF OCTOBER 23RD TO
THE 30TH DUE TO CONFLICT WITH ANNUAL LEAGUE CONFERENCE
The City Manager indicated that this request was due to schedule
for the Annual League of California Cities Conference.
MOTION: By Councilman Dexter and seconded by Councilwoman
Borgeson to reschedule the second meeting of the month
to October 30, 1990; motion carried .
7. GARCIA ROAD EXTENSION TREE REMOVALS
After relating background information on this tree removal , ; reg
Luke reported that on September 20, 1990 a stop work order had
been given on the construction of the Garcia Road Extension. He
explained the counting procedure used in determining how many
trees had been taken, and indicated that there had been more trees
cut than the sixty-nine ( 69 ) trees that had been approved by
Council on July 10, 1990. The Public Works Director noted that
the stop work order had been lifted and that there would not be
any additional trees taken.
CC9/25/90 •
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•
Mr . Luke indicated that Lisa Schicker , Natural Resource
Specialist , was present and had prepared a preliminary report .
The City Manager stated that he would be meeting with all the
parties in an effort to gain a clear picture of what had taken
place.
Discussion followed and the Council was in agreement that they
each wanted an accurate, complete account of the incident before
taking any action and wished to postpone hearing Ms. Schicker ' s
report .
Public Comments :
Don Vaughn, owner-developer , indicated that all parties were
present and would like to have the matter heard .
Conrad Langille, co-owner , asked how input was to be received .
Mr . Windsor explained that he would be in- touch and would set - up
a meeting . He added that the public hearing would be conducted
October 9, 1990.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
• 1 . City Council :
A. Committee Reports - The following represents ad hoc or
standing committees. Informative status reports were
given , as follows:
1 . City/School Committee - Councilman Dexter announced the
next meeting .
2. Recycling Committee - Councilman Shiers gave a brief
report of the last meeting indicating that the
committee had heard the proposal from Dennis Bryant
relating to the disposal of household appliances. He
also announced the next meeting date.
3. Solid Waste Management Committee - Councilman Nimmo
referred to item #A-6 on the Consent Calendar .
4. Traffic Committee - Councilman Dexter reported that
they had met in a long meeting and approved several
items.
5. Economic Opportunity Commission - Councilman Dexter
CC9/25/90
Page 13
announced that they had met the previous week and had
•
received a very encouraging report .
6. Area Coordinating Council - Councilwoman Borgeson
reported that there had been a public hearing for the
1990-91 transit projects to be funded , which included
the prioritizing of the Atascadero Dial-a--Ride
replacement bus. She also noted that the Regional
Transportation Update had been studied and announced
that during the next meeting the Council would be
looking at funding that may soon be available. In
addition, Councilwoman Borgeson reported that the 1990
Regional Transit Element was discussed , as well as the
Bikeway Element . The Area Council , she reported , had
acted upon the Memorandum of Understanding delineating
the roles and responsibilities for preparing the
Countywide Integrated Solid Waste Management Plan ( see
item #C-2) and addressed the Regional Housing Needs
Plan.
Councilwoman Borgeson reported that she had been asked
to get the Council views on the priority of the re-
routing of Highway 41 . Discussion then followed
relating to the preparation of an Environmental Impact
Report and the Council was in agreement that they •
prefer to take no action on the matter until after
receipt of the E. I .R.
2. City Attorney - No report .
3. City Clerk - No report .
4. City Treasurer
Muriel Korba gave a brief report noting that she would be
postponing the change in format of the Treasurer ' s Report until
after attending an educational seminar relative to the item.
5. City Manager - No further reports.
MOTION: by Councilwoman Borgeson and seconded by Councilman
Shiers to adjourn until Thursday , October- 4, 1990 at
4: 30 for a Joint Study Session with the Planning
Commission; motion unanimously carried .
THE MEETING WAS ADJOURNED AT 10:50 P.M.
CC9/25/90
Page 14
CC9/25/90
Exhibit A
•
Sarah Gronstrand
7620 Del Rio Road
Atascadero , CA 93422
September 25, 1990
Atascadero City Council
6500 Palma Avenue
Atascadero , CA 93422
Councilmembers,
On September 18, I went to the Board of Supervisors ' meeting
because I was concerned about the contents of a letter which Mr .
Hendrix , County Administrator , sent to the Supervisors. In his
letter , Mr . Hendrix recommended that the library system in this
county cease receiving capital improvement money for the General
Fund . The rationale is that being considered a special district
for tax purposes gives the library system an advantage over other
departments in the County. •
It must be remembered that historically the County funded the new
libraries entirely. The money supporting the library system
comes primarily from real estate taxes, with some additions from
the State. After Proposition 13 passed , the County decided to
fund libraries on a 50-50 basis, with local communities supplying
a 50% match . This accounts for the fact that since 1983 only two
libraries were built : The Atascadero Library dedicated in 1988,
and the San Luis Obispo Library dedicated in 1989.
Mr . Hendrix states that "with a little belt tightening in their
operating budget , the Library could begin a rather substantial
capital projects saving program. " He bases this on the fact that
$200,000 was left at the end of the fiscal year 1989-90 and the
money by law reverted to the Library Reserve Fund .
This is very interesting . This is a question that is very
important . Why the surplus? The libraries are short-staffed and
inadequately supplied . We know it and the Consultants know it .
The Consultants have told us that the financial support of the
Library is five dollars per capita below the average of 169
California libraries. This accounts for the fact that our
libraries have a lower than average number of volumes and
periodical subscriptions and has fewer professionals per capita
than other libraries studied . And Mr . Hendrix says we have too •
much !
Why, for example, did we have to wait 7 years for a duplicating
machine: The reason, according to Mr . Perkins ' letter to the
Supervisors is that the Auditor-Controller had a consistent
•
pattern of under-estimating revenue beyond the point of being
prudent and conservative for good fiscal management . By the time
a clear picture of revenue emerged , it was too late to budget it
and the money had to be placed in the Library Reserve Fund .
Mr . Hendrix had an additional reason for removing Library funding
from the General Fund . For the fiscal year 1990-91 , the Library
budget increased 9%. By the way, the entire Library budget is
only 2% of the County budget . But what are the possible reasons
for the increase? An examination of the circulation figures may
provide an answer . Circulation in the Atascadero Library has
grown from 12,700 in FY 87-88 to 17,000 this year . San Luis
Obispo has done even better . For the same period , it
experienced a growth from about 28,000 items per year circulated
to 38,000 items circulated .
Since percentages are a concern, here are two examples from
County Budget Form Schedule 7: Financing for the Morro Bay Golf
Course increased 22.5% from FY 1987-88 to FY 1989-90. General
Government expenditures grew from FY 1987-88 to FY " 1989-90 29.9%.
This is a brief background of the item on the agenda in which I
was interested . Before discussion began, Supervisor Blakely
• read a letter from our City Manager , Mr . Windsor . On behalf of
the City County, he respectfully asked for a two week
continuance, since the item was only made available to the City
on Friday, September 14 . The Council asked for an opportunity to
review the item and clarify its ' possible implications, with an
opportunity to provide input to the Board prior to its ' decision
in the matter . Mr . Windsor also suggested that it may be
appropriate for this issue to be aired and clarified at the
Mayors/Managers ' meeting .
Mr . Hendrix took the lead in making it clear that he was not
interested in continuing the item, nor would he meet with the
Mayors/Managers ' Group . The ensuing negative vote, Supervisors
Ovitt , Johnson and Coy supported Mr . Hendrix .
Then it was time for me to speak . I di.d not get very far when I
was unceremoniously interrupted by Mr . Hendrix . He was obviously
angry. He harangued and lectured , trying to explain how good
deletion from the General Fund would be for the libraries.
Amazingly, Supervisors Ovitt , Johnson and Coy agreed with him.
The four of them put on quite a show. The prize statement was
made by Supervisor Johnson, who said that there are other
priorities besides libraries--there is Lopez take and the golf
course. Apparently Supervisors Ovitt and Coy share Supervisor
Johnson ' s priorities. The three of them voted to remove library
funding from the General Fund .
The way in which this was handled demands an explanation. . Why
were the Council members not informed? Why wasn ' t there a public
hearing? Why did Mr . Hendrix , Supervisors Ovitt (who represents
our city) , Coy and Johnson insult our Council members and our
•
City Manager by disregarding their requests? And lastly, why is
Mr . Hendrix controlling the Supervisors ' meeting and why is he
interfering with people ' s rights to speak to their elected
officials?
Signed ,
SARAH GRONSTRAND
•
DA Et�/30/90ITEM�END�A 2
•
JOINT CITY COUNCIL/PLANNING COMMISSION
STUDY SESSION
MINUTES SUMMARY
October 4, 1990
Mayor Lilley called the session to order at 4: 36 p .m.
ROLL CALL:
City Council :
Present : Councilmembers , Borgeson, Shiers, Lilley ,
Mackey and Mayor Dexter
Also Present : City Treasurer-Elect , Muriel Korba ; and City
Clerk , Lee Dayka
Planning Commission:
• Present : Commissioners Luna, Lochridge, Highland and
Kudlac
Absent : Commissioners Waage, Johnson and Hanauer
Staff:
Present : Ray Windsor , City Manager ; Art Montandon ,
City Attorney; Henry Engen, Community
Development Director ; Greg Luke, Public
Works Director ; Steve DeCamp , City Planner ,
Doug Davidson, Senior Planner ; Karl
Schoettler , Assistant Planner ; and Gary
Kaiser , Assistant Planner
PURPOSE OF MEETING:
To review the General Plan Subcommittee ' s draft Land Use ,
Conservation and Open Space Elements of the Ger-,e -al Flan, and to
give direction to staff for taking the document to public
hearing . In addition, the City Council and Planning Commission
also discussed Council /Commission relations , the proposed
Condominium Conversion Ordinance , the Downtown Master Pian and
Planned Unit Developments.
• JOINT CC/PC 10/4/90
Page 1
SUBJECT HIGHLIGHTS: •
General Plan Update:
Henry Engen, Community Development Director , gave background and
in-depth staff report . He indicated that the General Plan
Subcommittee had requested that authorization be given to solicit
proposals for preparation of an Environmental Impact Report and
to refer the draft to the Planning Commission for public hearing .
General discussion followed .
Councilwoman Borgeson expressed concern regarding the predicted
water supply. Planning Commission Chairman, George Luna,
suggested that before the EIR has been conducted , staff contact
Bob Hamilton of Atascadero Mutual Water Company and request that
he review the General Plan Update ' s chapter on water supply
(pages II-17 & II-18) to ensure that there has not been any
changes in the projected water supply as it relates to growth .
There was consensus to direct staff to contact Mr.
Hamilton, acknowledging that the City was to be soliciting
for preparation of an EIR, and request that he take an
additional look at the matter of adequate water supply.
Council approved the request to authorize preparation of an •
EIR and refer for subsequent hearings on the draft before
the Planning Commission.
In addition, Councilwoman Borgeson made a request that the
population figures quoted in the General Plan Update be addressed
and amended as necessary. Mr . Engen reported that Doug Davidson,
Senior Planner , was working with the Countywide Census Committee
on that matter .
City Council/Planning Commission Relations :
Individual members of the Council extended their appreciation to
the Planning Commission, commented upon the necessity to maintain
good communication between the two bodies and expressed support
for additional joint study sessions. Planning Commission
comments echoed those of the Council .
Priorities/Policy Direction/Comments :
1 . Condominium Conversion Ordinance
Discussions reflected consensus that this matter was a high
priority among both the Council and Planning Commission.
JOINT CC/PC 10/4/90 •
Page 2
Staff responded to questions regarding the pending
conversion applications.
2. Downtown Master Plan
It was noted that the Planning Commission would be
addressing the Draft Downtown Master Plan on October 16 ,
1990. Commissioner Lochridge asked the Council for policy
direction as it relates to parking . Lengthy discussion
ensued regarding parking and signage.
3. Planned Developments - Small Lot Standards
Commissioner Highland urged Council to give direction as to
minimum lot sizes and to express whether or not they were in
support of planned developments. Individual Council
comments followed . The Council was generally in support of
the concept , especially with added amenities such as open
space dedication, but there was a difference in consensus as
to appropriate locations and minimum square footage of the
lots.
Concluding Comments/Next Joint Session :
• Individual members expressed positive comments regarding the
study session. Discussion ensued relating to Commissioner
Highland ' s suggestion that the Planning Commission meet for an
additional meeting each month for the purpose of long-range
planning . Mayor Lilley suggested that the matter be placed upon
the Planning Commission ' s agenda for further discussion.
There was consensus among the Council and Planning
Commission to meet in a joint study session once every two
months. Henry Engen suggested that the next session be
scheduled for the first week of December .
The City Manager indicated that he would be getting back to the
Council and Planning Commission with a proposed date for hearing
the consultant ' s presentation of the Fiscal Planning Model .
Chairperson Luna requested that the Commission receive copies of
minutes from City Council meetings relating to controversial
appeals .
MOTION: By Councilman Shiers and seconded by Councilwoman
Borgeson to adjourn ; motion unanimously carried .
JOINT CC/PC 10/4/90
• Page 3
•
THE STUDY SESSION WAS ADJOURNED AT 7:00 P.M.
RECORDED AND PREPARED BY:
LEE DAYKA, City Cle
•
JOINT CC/PC 10/4/90 •
Page 4
MEETING AGENDA
DAT 0 0 0 ITEM# A-3
ATASCADERO CITY COUNCIL
• MINUTES
SPECIAL MEETING: WATER SHORTAGE
October 13 , 1990
The Special Meeting was called to order by Mayor Lilley at 3 : 05
p.m. , pursuant to Government Code Section 54956 , which authorizes
the calling of special meetings based upon 24 hours public notice.
Roll Call :
Present : Councilmembers Borgeson, Dexter, Nimmo, Shiers and Mayor
Lilley
Staff : Ray Windsor, City Manager; Greg Luke, Public Works Dir-
ector; Art Montandon, City Attorney; Battalion Chief,
Vern Elliott, AFD; Lt. Bill Watton, APD; Cindy Wilkins,
Admin. Secy. /Dep. City Clerk.
Council Comments :
Mayor Lilley noted the purpose of the meeting as being for discus-
sion on the content and ramification of correspondence received
October 12 , 1990 from the Atascadero Mutual Water Company (AMWC)
advising of the breakdown of several wells , resulting in a request
to suspend all outside watering until the situation improves . He
indicated that several members of the AMWC Board were present to
respond to questions and concerns, including the current President,
Gordon Davis . He acknowledged that the AMWC is a separate entity,
a non-profit corporation, and expressed the hope that the Council
determines whether any measures ought to be considered which would
require legislative action governing any operations of the City
with respect to water.
Councilman Nimmo expressed the hope that, in this and any subse-
quent proceedings on this matter, a spirit of cooperation between
the City and the AMWC will be maintained.
Several Councilmembers indicated that they had received calls from
concerned citizens, with Councilwoman Borgeson noting several she
received desired clarification on the "ping-pong" affect of the
emergency vs . non-emergency state of the water supply situation.
Gordon Davis expounded on the well equipment failure situation:
Due to low water levels , sand and air were being pumped, which ate
out the well "bowls" ( impellors which bring the water up) , causing
the shut down of four wells for repairs . He indicated that City
officials were contacted immediately and apprised of the need to
• impose outside watering restrictions . As of yesterday morning, the
AMWC was 1 . 5 million gallons short of the volume of water to meet
the present demand of 5-6 million gallons a day. Total storage
capacity of the system is 13 million gallons; water levels are now
1
at approx. 40% capacity, which leaves about one and one-half days
of stored water if production does not increase . Water company
staff are working 24 hours a day to correct the situation. Mr. •
Davis reported that, according to Supt. Bob Hamilton at 2 : 00 p.m.
today, two million gallons in production have been regained as a
result of getting Well ##' s 3 & 10 back on line and from hooking
into the Atascadero State Hospital water system as of 1 : 00 a.m.
A dramatic decrease in consumption, through the public ' s coopera-
tion during the moratorium on outside watering, should allow for
an increase back to safe storage levels . He indicated records re-
flect that it has been since the 1880 ' s that there have been this
many dry years in a row. The water company doesn' t really know
what to expect due to the fact that wells have been lowered; there
may be a recurrence of this type of breakdown, because the pumping
equipment takes a lot of abuse under these conditions . They are
taking it day by day and asking the public ' s patience and cooper-
ation with the watering restriction. He noted that 10% of a
municipality' s water usage is for household use, 90% for landscap-
ing and outdoor use. He expressed that, even with an average
rainfall year, he doesn' t personally feel that water levels will
be restored, and he urged public consciousness of the four-year
drought effects and the need for ongoing water conservation. He
mentioned, as information, the alternative of hauling non-potable
sewer water by truck in situations where landscaping _is of critical
concern, noting there is a flourishing business in San Luis Obispo
which has provided this service during that city' s water rationing
period.
Mr. Davis then responded to questions and concerns from Council . •
Councilwoman Borgeson asked if the water company has notified all
its customers . Mr. Davis responded, yes, that letters were mailed
out yesterday to all ( 7 ,074 ) customers, in addition to public an-
nouncements via the news media. He added that nurseries are exempt
from the moratorium, because the company has taken the position
that it would be unfair to penalize a business .
Councilwoman Borgeson expressed that she feels the Council should
attempt to clarify how significant the lower water levels are,
since the pumping equipment is sucking sand and water into the
system, which appears quite significant .
Mayor Lilley asked if, from the City' s standpoint in considering
long-term needs, Mr. Davis feels it' s appropriate to begin evalu-
ating the possible use of non-potable water and locating sources
in the interest of maintaining key landscaping. Mr. Davis res-
ponded that he doesn' t think we' re at a point where we need to
start this yet, but we do need to be more prudent in our use of
water.
Councilman Nimmo noted the approach of seasonal rains , asking if
this means we can expect about a month of no outside watering. Mr.
Davis responded fortunately we' re approaching the rainy season,
which may ease the immediate landscaping concerns . •
Councilman Dexter asked why the former outside watering regulation,
7 p.m. -7 a.m. , wouldn' t work now. Mr. Davis responded that the
2
AMWC feels the system is too stressed at present to allow any out-
side watering, however, they will do whatever they can to modify
• the restrictions as those options become available, again expres-
sing that this is an unknown territory.
Councilman Dexter asked if the water company has investigated the
possibility of retaining an outside consultant to assess the capa-
city of the aquifer, from Santa Margarita to Paso Robles . Mr.
Davis expressed personal opposition to the time and expense of
using a consultant, preferring that crews work day and night to
make the necessary repairs .
Councilwoman Borgeson noted that, at a water meeting held Thursday
afternoon, County Engineer Clint Milne indicated there was a
groundwater overdraft of 30 , 000 acre-feet. Mr. Davis indicated
that Mr. Milne has been expressing that "opinion" for a number of
years in the interest of promoting the State Water Project, omit-
ting the point that groundwater is replenished, not gone forever.
Mr. Davis added that the AMWC has signed up for State water on a
conditional basis--as was requested of the various purveyors by the
County--in case they want and need the water at the time . Council-
woman Borgeson also noted that Mr. Milne had stated there was a 75%
drop in water levels on the east side of Atascadero. Mr. Davis
responded that issue is a subject of litigation, and it would not
have been prudent of Mr. Milne to discuss it in public, if that is
SO.
• Public Comment
Jeff Hook, 4620 San Ardo, expressed concern about his recently-
planted landscaping, as well as about the lack of leadership and
advance planning on the part of the water company. He noted the
stringent water conservation measures taken in other cities in
S .L .O. County and voiced the need to think about the long-term.
He urged the Council to "keep a close watch on Atascadero Mutual" .
Eric Greening, 7365 Valle, asked whether the water company is
planning for the General Plan build-out and whether the plan is
contingent on receiving State water. Mr. Davis said the water
master plan is based on the Atascadero General Plan, and he invited
Mr. Greening to obtain a copy from the water company.
Following up on the last comment, in response to question by Coun-
cilman Lilley, Mr. Davis added that the master plan does not rely
on State water.
Jack Townsend, who resides in Creston at the Tank 2 site for the
proposed State Water Project, asked why the water company did not
have a reprentative in attendance at the October 11th water sym-
posium in Atascadero. Mr. Davis responded that the water company
is well-informed on the project and felt there was no reason to be
present at the meeting. Mr. Townsend asked if AMWC is a supporter
• of the State Water Project. Mr. Davis indicated, again, that the
company has signed up for State water.
3
Ed Davidson, 8545 El Dorado Rd. , asked why the Council advocates
growth with no water to support it, referencing the approval of a •
large development in his neighborhood. Councilwoman Borgeson clar-
ified that the subject project [Bunnell--former mushroom farm] was
approved 6 years ago; what was before this Council recently was a
request to increase the number of units, which was denied. Mayor
Lilley summarized the facts of the situation as they relate to Mr.
Davidson' s concerns , indicating that this Council has not willy-
nilly approved a 72-unit project without regard to clear and
present danger as far as imminent loss of water.
Rob Boneso, 4720 Hidalgo, inquired about the maintenance schedule
of the water company equipment, to which Mr. Davis responded, again
noting that the current situation is directly due to pumping at
lower water levels .
Evelyn Cava, 8387 Alta Vista, encouraged the Council to accept
their responsibility to run the water department. Mayor Lilley
explained that the AMWC is a separate entity, owned by the property
owners in Atascadero, who collectively must take any such action.
Mrs . Cava clarified that the citizens of Atascadero need to band
together, take back the water company and delegate control over it
to the City. Mr. Davis noted that the public is continually wel-
come and urged to attend Water Board meetings but seldom do; he
noted regular meetings are held on the 2nd Wednesdays monthly, 7 : 30
p.m. at the AMWC offices on E1 Camino Real .
Renetta Davidson, 8545 E1 Dorado Rd. , expressed frustration and
confusion with the unclear responses from Mr. Davis regarding the
water company equipment maintenance and water levels . A former
S .L.O. City resident, she has taken strict water conservation
measures and is opposed to the "no-exceptions" clause of the
current moratorium on outside watering.
Roger Vierra, 12795 Santa Lucia, speaking as a private citizen
rather than a Water Board member, indicated that he resides outside
City limits . He clarified that the water company is owned by all
shareholders in the Atascadero Colony, not just those within the
City limits .
Joe Kunz agreed with the comments of Mrs . Davidson and encouraged
the Council to consider a moratorium on additional water hook-ups
until the current crisis is resolved.
Nathan Koren, a teenage citizen, observed that this is the first
major drought that the citizens of Atascadero have had to deal with
and he expressed the hope that a good deal of wisdom comes out of
this experience so citizens could cope with future crises . He
commented, "Things could be lot worse if NASA were running it" .
Discussion then came back to Council . Councilman Dexter suggested
further investigation of non-potable water sources and the possible
delay of additional building starts until seasonal rains begin. •
Motion: By Councilwoman Borgeson that the City seek an assessment
by an independent hydrologist of the status of the Mutual
4
water Company and water resources for the purpose of
planning projects for future years , seconded by Coun-
cilman Shiers .
There was lengthy Council discussion on the motion, with Coun-
cilman Nimmo expressing his reluctance to spend public funds
on such a study which might confirm facts already known.
There was concern by various Councilmembers about the ambigu-
ity of the motion. Councilwoman Borgeson clarified that the
water company has not provided a clear assessment of the prob-
lem, and the Council is restricted from pursuing options based
on the information now available; an independent evaluation
of the situation may assist in that regard. Mayor Lilley felt
that it would be' a disservice to the water company and the
citizens to use information-gathering as a pretext to forward
an agenda to take over the water company as a municipal func-
tion; he expressed support for verifying--independent of the
historical studies performed by the water company--the adequa-
cy of the water table for the public concern. Councilman
Nimmo asked Mr. Davis if the water company is inclined to up-
date its water source test data. Mr. Davis responded that it
would be prudent to do that . Councilwoman Borgeson indicated
there is no "hidden agenda" , but her purpose in making the
motion is in the interest of fact-finding. Mr. Windsor was
asked to comment . He indicated that it appears the Council
will probably be asking staff to prepare a request for propo-
sals based on their specific areas of concern; there needs to
• be close communication with the water company, and he would
like to seek advice from other experts in the field.
Motion
Amended: By Councilwoman Borgeson to ask staff to review this
issue and bring back a proposal for Council review,
seconded by Councilman Shiers; passed unanimously.
Councilman Nimmo expressed that the City should assist in the en-
forcement of the current water restrictions . Council consensus
was that the water company personnel should police that effort .
Mayor Lilley suggested that a resolution be drafted urging citizens
to practice voluntary water conservation methods and directing
staff to apply such efforts in the administration of the City' s
affairs . Council consensus was to direct that staff prepare such
a resolution. Mayor Lilley asked that the water company advise
City staff immediately of any specific requests or problems which
occur that might require City assistance beyond the resolution just
discussed.
Battalion Chief Vern Elliott, AFD, indicated that the fire-fighting
capabilities of the City should be adequate with the conservation
measures being taken and their contingency plans . The Fire Depart-
ment has maintained a liaison with the water company as to the
• status of the situation and will continue to do so. Provisions
have been made to have a water company representative assist on-
site with water supply concerns during a fire . Mayor Lilley
informed the public that, as a result of the water conservation
5
situation which occurred in July, the lines of communication
between key City and water company personnel are being well
maintained, especially as concerns the needs of the Fire Depart-
ment.
Councilman Shiers asked if the water company has any plans to re-
duce the issuance of will-serve letters . Mr. Davis indicated the
current emergency is the priority at the present time and that sub-
ject has not been formally discussed. Councilman Shiers then asked
if staff could consider the option of not issuing building permits
until it is deemed that the water supply is adequate to issue them.
Mr. Montandon indicated staff would need additional information as
a basis for determining the necessity of taking such an action,
which an independent assessment should provide .
Motion: By Councilman Dexter to adjourn to 7 : 00 p.m. , October
30th, seconded by Councilwoman Borgeson; passed unani-
mously.
Meeting adjourned at 4 :47 p.m.
Minutes prepared by:
CINDY WILKINS
Admin. Secy. /Dep. City Clerk •
•
6
ME AGENDA
AGENDA
DATE //30/90 ITEM# A-4
RESOLUTION NO. 118-90
A RESOLUTION OF THE ATASCADERO CITY COUNCIL
ENCOURAGING THE APPLICATION OF WATER CONSERVATION METHODS
WHEREAS, the State of California is in the fourth year of a
drought; and
WHEREAS, increasing drought conditions have resulted in de-
clining water levels , which, in turn has put an increased strain
on the water system serving the citizens of Atascadero and the
surrounding area; and
WHEREAS, according to the Atascadero Mutual Water Company, the
greatest percentage of water usage is for outdoor watering; and
WHEREAS, the Atascadero Mutual Water Company deemed it neces-
sary to impose a restriction against all outdoor watering, until
further notice, in order to restore the water to a safe level of
storage;
THEREFORE, the City Council hereby resolves to urge the
citizens of Atascadero to voluntarily observe water conservation
methods and directs City staff to apply similar restrictions in
• order to assist in the effort to preserve this precious and valu-
able resource on an ongoing basis .
On motion by Councilmember seconded by Council-
member , the foregoing resolution is hereby adopted on
the following roll-call vote:
AYES:
NOES :
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO, CA
LEE DAYKA, City Clerk ROBERT B . LILLEY, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
•
REPORT TO CITY COUNCIL
CITY OF ATASCADERO
Agenda Item: A-5
Through: Ray Windsor, City Manager Meeting Date: 10/30/90
/ 0
File Nos : CUP 09-89/
TTM 21-89
From: Henry Engen, Community Development Director
SUBJECT:
Consideration of Findings and Conditions of A
conditional use Approval for proposed
Permit and tentative tract map to subdivide six
existing lots of 21 acres into 73 lots for single
( including otic common lot} family homes
Co. ) . at 8555 E1 Corte {Bunnell Development
(Continued from City Council meeting of 10/9/00}
RECOMMENDATION:
• Approval of modified Exhibit L (Findings for Approval) and Exhibit
M (Conditions of Approval) attached hereto.
BACKGROUND :
At the October 9th,
p1e-requisite Plann1990 City Council meeting, Council approved the
ed Development (PD-6 Overlay)
_ellt
a lesser density project
ing to the elevation at which structures can be builttoil� the site i
and directed staff to briny back rvised conditions of apps-oval for
that had been con , e
i. e. , 72 residential units vs .sidered at Council ' s appeal hearing the 77
REVISED PROJECT DESCRIPTION:
The attached revised. plati has been submitted b
suant to the City Council ' s direction. y MrBunnell Pur-
represents a 6 1,/2 percent decrease in density iand offsite tltraffic
fewer uits,. it
application
Impacts • The units that Have been deleted froifi the original corner of submission are primarily located its the southwe-°
the site where El Corte meets La Linia, 5t
The Zoning Ordinance in Section 9-1 . 111 relative to appeals pro_
vides that "the hearing body may affirm, affirm in part, or reverse
the action, decision, or determination which is the subiect e the
aPPedl , based upon findings of fact regarding the part ic-ul ' - ,t
ular case.
The attached revised Exhibits L (Findings for Approval) and M (Con-
ditions of Approval ) have been modified to reflect a lower density
project.
HE :ph
cc : Ray Bunnell
Rob Strong
Fred Schott
Encls : Modified Grading Plan: October 18, 1990
Modified Tentative Tract Map: October 18, 1990
Exhibit C - Tentative Tract Map (original application)
Exhibit L - Findings for Approval (modified 10/30/90)
Exhibit M - Conditions of Approval (modified 10/30/901
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EXHIBIT C
CITY OF ATASCADERO CUP 09-89/TTM 21-89
COMMUNITY DEVELOPMENT z C 15-89
• DEPARTMENT TENTATIVE TRACT MAP
lilt I
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•
Exhibit L - Findings for Approval
Conditional Use Permit 09-89
Tentative Tract Map 27-89
8555 E1 Corte Road
City Council Action: October 30, 1990
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
CONDITIONAL USE PERMIT FINDINGS:
1. The proposed project or use is consistent with the General
Plan.
2. The proposed project or use satisfies all applicable
provisions of the Zoning Ordinance.
3. The establishment, and subsequent operation or conduct of the
use will not, because of the circumstances and conditions
• applied in the particular case, be detrimental to the health,
safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental
or injurious to property or improvements in the vicinity of
the use.
4. The proposed project or use will not be inconsistent with the
character of the immediate neighborhood or contrary to its
orderly development.
5. The proposed use or project will not generate a volume of
traffic beyond the safe capacity of all roads providing
access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic
volume of the surrounding neighborhood that would result from
full development in accordance with the Land Use Element.
6. The proposed project is in compliance with the City' s
Appearance Review Guidelines.
MAP FINDINGS:
1. The proposed map is consistent with the applicable General
or Specific Plan.
2. The design and/or improvement of the proposed subdivision is
• consistent with the applicable General or Specific Plan.
3. The site is physically suitable for the proposed type of
development.
•
4. The site is physically suitable for the proposed density of
development.
5. 'The design of the subdivision, and/or the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat.
6. The design of the subdivision, and the type of improvements,
will not conflict with easements acquired by the public at
large for access through or use of property within the
proposed subdivision; or substantially equivalent alternate
easements are provided.
7. The design of the subdivision and/or the type of proposed
improvements will not cause serious public health problems.
•
•
• EXHIBIT M - Conditions of Approval
Conditional Use Permit 09-89
Tentative Tract Map 21-89
8555 El Corte Road (Bunnell)
City Council Action: October 30, 1990
CONDITIONS OF APPROVAL:
UTILITIES
1. Water shall be obtained from the Atascadero Mutual Water
Company. Water service laterals shall be installed to the
property line frontage of each parcel prior to final
inspection of any unit in this development.
2. All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map.
3. All relocation and/or alteration of existing utilities shall
• be the responsibility of the developer.
4. The newly formed lots shall be connected to the Public
Sewer. All annexation permit fees in effect at the time of
recordation shall be paid prior to the recording of the
final map. Any sewer extensions for annexation must be
completed within one year after annexation.
5. Sewer main extension plans shall be submitted for review
and approval by the Public Works Department prior to the
start of construction.
6. All utility services to each lot shall be installed in
conjunction with onsite road improvements. This shall
include, but not be limited to, cable television, power,
telephone, gas, water and sewer.
GRADING
7. Grading, and Drainage plans, prepared by a registered Civil
Engineer shall be submitted to The Community Development
Department for review and approval by the Community
Development and Public Works Departments prior to the
issuance of any building permits.
•
ROAD IIPROVEMNTS •
S . Obtain an encroachment permit from -the City of Atascadero
Public Works Department. Sign an Inspection Agreement
guaranteeing that the work will be done and the inspections
paid for prior to the start of public works construction.
Construct improvements as directed by the encroachment
permit prior to the occupancy of any building.
9 . A road maintenance agreement for the interior streets, in a
form acceptable to the City Attorney, shall be included in
the C.C.& R. ' s .
10 . The subdivider shall install all street signs, traffic
delineation devices, warning and regulatory signs,
guardrails, barricades, and other similar devices where
required by the Director of Public Works . Signs shall be in
conformance with the Department of Public Works standards
and the current State of California uniform sign chart .
Installation of traffic devices shall be subject to review
and modifications after construction.
11 . Road improvement plans prepared by a Registered Civil
Engineer shall be submitted to the Community Development
Department for review and approval by the Public Works
Department. Plans shall include, but are not limited
to: •
El Corte Road
a. Reconstruct E1 Corte Road along entire project
frontage.
b. Provide traveled way width of 30 feet from face of curb
to face of curb or to edge of pavement .
C . Install a concrete curb and gutter from the northern
end of the project frontage to the northern side of the
proposed entrance driveway. Extend the concrete curb
and gutter across the driveway entrance. Install
concrete curb and gutter with a five foot wide sidewalk
from the entrance driveway to La Linia.
d. Acquire additional right of way and dedicate to the
City of Atascadero to the inside of the curve at the
intersection of E1 Corte Road and La Linia Road to
provide a minimum 30 foot radius at the face of curb
and a 25 foot radius at the future back of sidewalk in
addition to room for drainage facilities that may be
required.
e. Install drainage culverts to convey runoff from the •
northwest side of the E1 Corte-La Linia intersection to
the creek at the southeast side. Provide a permanent
• outfall structure or headwall for the storm drain
system that will be extended west on La Linia.
La Linia Road
f. Reconstruct La Linia Road from E1 Corte through the
intersection with EI Centro and E1 Dorado. Overlay La
Linia from the intersection with El Centro and El
Dorado to Solano Road.
g. Provide a traveled way width of 30 feet from face of
curb to face of curb or to edge of pavement .
h. Install a concrete curb and gutter and a five foot wide
sidewalk from E1 Corte to join the sidewalk at Solano
Road. Abandon and remove the concrete cross drain
structure across La Linia at Solano Road.
i . Construct storm drain improvements and appurtenances
from the intersection of La Linia and E1 Centro to a
discharge point at La Linia and E1 . Corte. Fill and
abandon the existing roadside ditches along La Linia.
E1 Centro
• j . Extend El Centro to the intersection of El Dorado and
La Linia.
k. Extend a concrete curb and gutter and a five foot wide
sidewalk along the southern side of this newly
constructed road.
1 . Improve the intersection of E1 Dorado, La Linia, and E1
Centro to make the through road from El Centro to the
eastern end of La Linia. Install stop bars and signs
at El Dorado and the western approach of La Linia.
M. Construct storm drain improvements and appurtenances
along El Centro west to the end of the new
construction.
E1 Camino Real
n. Install dedicated left turn lanes along El Camino Real
at La Linia, Cascada and Arcade.
12 . Construction of all offsite road improvements shall be
• completed or bonded for prior to the recording of the final
map. The property shall not be occupied prior to the
completion of the onsite and offsite road improvements .
13 . All public improvements shall be covered with a 150% •
Performance Bond until construction is substantially
complete and by a 10% Maintenance Bond until 1 year after
substantial completion.
14 . All interior streets shall remain private and shall not
become a part of the city maintained street system.
Maintenance shall be the responsibility of the Homeowner' s
Association and shall be addressed in the C.C.& R. ' s .
ACCESS
15 . There shall be no direct vehicle access to E1 Corte Road
except at the approved entrance location and the emergency
access as shown on the preliminary plans . Relinquishment of
access rights shall be delineated on the final map and shall
be acknowledged by certificate.
DRAINAGE
16 . Drainage Facilities shall be constructed prior to
occupancy.
17 . All lot grading, drainage and public improvements shall
require written statement by a registered Civil Engineer
that all work has been completed and is in full compliance
with the approved plans .
18 . A Drainage Maintenance Agreement, in a form acceptable to
the City Attorney, shall be included in the C.C.& R. ' s .
DEDICATIONS
19 . Offers of dedication to the City of Atascadero for the
following rights-of-way and/or easements are required:
Street Name: Intersection of E1 Corte and La Linea
Limits : As outlined in Condition No. 11-d
20 . Offer for dedication to the Public for Public Utility
Easements the following:
a. A 6' -0" PUE along the perimeter of all streets .
21 . Offers of dedication shall be completed and recorded prior
to or simultaneous with the recordation of the final map.
SOILS REPORT •
22 . Prior to the recording of the final map, a soils
be submitted, recommending corrective actions which will
prevent structural damage to each structure proposed to be
• constructed in the area where soil problems exist, as
indicated in the Preliminary Soils Report. The date of such
reports, the name of the Engineer making the report, and the
location where the reports are on file shall be noted on the
final map.
MISCELLANEOUS
23. Nine fire hydrants shall be installed at locations shown on
the tentative tract map, prior to recordation of the final
map.
24. Floor Plan "C" shall be modified to conform to Section 9-
3. 650 (d) of the Atascadero Zoning Ordinance.
25. Complete landscaping plans shall be submitted and approved
by the Community Development Department prior to issuance of
building permits. Landscaping shall incorporate native and
drought resistant species.
26. The proposed land use easements shall be included in the
private Covenants, Conditions and restrictions.
27. The driveway serving lots 59 and 60 shall be listed as an
access easement on the final map.
108. Abandonment of La Linia Road shall be completed prior to
construction on lots 17-32 and before occupancy of any units
on the project site.
29. Areas above the 960 ' contour elevation as shown on the
tentative map shall be designated as an open space and
scenic easement. A note to this effect shall appear on the
final map. A pedestrian foot path as shown on the Master
Development Plan may be constructed within the open space
and scenic easement.
30. Recreation facilities as shown on the tentative map shall be
completed no later than at that time that fifty percent of
the dwelling units are complete.
STANDARD CONDITION FOR RECORDING
31. A final map in substantial conformance with the approved
tentative map and in compliance with all conditions set
forth herein shall be submitted for review and approval in
accordance with the Subdivision Map Act and the City' s
Subdivision Ordinance prior to the recording of the final
map.
a. Monuments shall be set at all new property corners by a
Registered Civil Engineer or Licensed Land Surveyor as
-required by the Land Surveyors Act and Subdivision
Map Act. Monuments set within any road right-
of-way shall conform to city standard drawing M-1.
b. Pursuant to section 66497 of the Subdivision Map Act
the engineer or surveyor shall notice the City Engineer
in writing that the monuments have been set.
C. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the final map.
d. A preliminary subdivision guarantee shall be submitted
for review in conjunction with the processing of the
final map.
32. Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration date. This approval shall become effective upon
the effective date of Zone Change 15-89 modifying the
language of the applicable PD-6 overlay zoning.
33. All construction shall be in conformance with revised tenta-
tive tract map (10-18-90) , revised grading plan (10-18-90) ,
Exhibit E (Elevations) and Exhibit H (Use Easement).
•
•
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-6
Through: Ray Windsor, City Manager Meeting Date: 10/30/90
File No: ZC 15-89
From: Henry Engen, Community Development Director
SUBJECT:
Proposed amendment of the language of the Planned Development
Overlay Zone No. 6 (PD6) applicable to 21 acres at 8555 E1 Corte
(Bunnell) (Continued from October 9,1990 City Council Meeting) .
RECOMMENDATION:
Adoption of Ordinance No. 211 on second reading.
• BACKGROUND:
On October 9 , 1990 the City Council upheld the appeal of Ray
Bunnell and approved passage of Ordinance No. 211 on first reading,
while also directing a redesign of the conditional use permit and
tentative tract map to reduce the project from 77 residences to 72 .
The zoning change eliminates language which would have precluded
buildings constructed below the 960 elevation from extending above
a horizontal plane established at the 960 foot elevation.
HE :ph
cc : Ray Bunnell
Fred Schott
Rob Strong
Encl : ordinance No. 211
•
•
ORDINANCE NO. 211
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE OFFICIAL ZONING ORDINANCE TEXT OF THE PD6 OVERLAY
ZONE RELATIVE TO PROPOSED BUILDINGS EXTENDING
ABOVE A SPECIFIC ELEVATION
( ZC 15-89 : City of Atascadero)
WHEREAS, the proposed zoning map amendments are Consistent
with the General Plan as required by Section 65860 of the Cali-
fornia 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 August 7 , 1990 and August 21 , 1990, and recommended
denial of Zone Change 15-89; and
WHEREAS, the Atascadero City Council considered an appeal by
the applicant together with the recommendation of the Planning Com-
mission, staff and public testimony at a hearing held on October
9, 1990 .
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows :
Section 1 . Council Findings .
1 . The proposal is consistent with the General Plan Land Use
element and other elements contained in the General Plan.
2 . The proposal will not result in any significant adverse
environmental impacts . The Negative Declaration prepared for
the project is adequate.
Section 2 . Zoning Text Change.
Subsection ( £) of Section 9-6 . 650 of the Zoning Ordinance text
for the Establishment of Planned Development Overlay Zone No. 6
(PD6) shall be deleted from the Zoning Ordinance. •
•
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 Ordi-
nances 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 andseconded
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
ATTEST:
LEE DAYKA, City Clerk
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
• PREPARED BY:
HE R ENGE
Community velopme t irector
•
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-7
Through: Ray Windsor, City Manager Meeting Date: 10/30/90
From: Henry Engen, Community Development Director mac:
SUBJECT: Proposed resolution supporting establishment of Central
Coast National Marine Sanctuary
RECOMMENDATION:
Approval of attached Resolution No . 119-90 and transmittal to
the County of San Luis Obispo ' s Energy and Natural Resources Divi-
sion.
BACKGROUND:
The attached resolution is in support of the establishment of
the Central Coast National Marine Sanctuary off the coast of San
Luis Obispo County. It was initiated by the County Board of
Supervisors and has been approved by the San Luis Obispo Area
Coordinating Council, together with the cities of Pismo Beach,
Grover City and Morro Bay, to date .
The purpose of the resolution is to provide evidence of local
support leading to either legislation introduced by a congressman
and/or nomination on the part of the National Oceanic and Atmos-
pheric Administration for the designation of this area, which would
provide for special protections . The resolution has been distri-
buted at the direction of the Area Planning Council for individual
city resolutions of support .
HE :cw
Enclosure : Resolution No . 119-90
•
RESOLUTION NO. 119-90
A RESOLUTION OF THE ATASCADERO CITY COUNCIL
ENDORSING DESIGNATION OF
THE CENTRAL COAST NATIONAL MARINE SANCTUARY
IN THE WATERS OFF THE CENTRAL COAST
WHEREAS, The proposed Central Coast National Marine Sanctuary
( see attached Exhibit A) embodies special, nationally-significant
marine and codependent onshore resources, including abundant popu-
lations of diverse marine mammals, significant fisheries stocks,
major oceanic upwellings, areas of great aesthetic beauty and
scientific importance and a great number of additional working
biota features and characteristics that warrant protection under
the National Marine Sanctuary Program; and
WHEREAS, Public necessity and resource value justifies the
need for a comprehensive and coordinated conservation and manage-
ment plan for the geographic area within the boundaries of the
proposed sanctuary, as a part of the National Marine Sanctuary
Program; and
WHEREAS, the need to support, promote and coordinate scien-
tific research on, and monitoring of, the coastal resources be an
integral part of the management plan; and
WHEREAS , the pledge for commitment to enhance public aware- .
ness, understanding, appreciation and wise use of the marine
environment be outlined in the management plan; and
WHEREAS, to facilitate, to the extent compatible with the
primary objective of resource protection, all public and private
uses of the resources of the proposed sanctuary marine area not
prohibited pursuant to other authorities .
NOW, THEREFORE, BE IT RESOLVED THAT the Council of the City
of Atascadero endorses designation of the Central Coast National
Marine Sanctuary in the waters off the central coast of California,
and supports the efforts of citizens, organizations and the County
of San Luis Obispo in reaching this goal .
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: •
RESOLUTION NO. 119-90 (cont' d)
• ATTEST: CITY OF ATASCADERO, CA
LEE DAYKA, City Clerk ROBERT B. LILLEY, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
•
•
�proposed Central Coast National,
Marine Sanctuary
Alternative 2
0 5 LO is 20
mauticat ties
A
Orl
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Department of Planning and Building
San Luis Obispo County
Y
Alex Hinds, Director
Bryce Tingle, Assistant Director
October 3 , 1990 Barney McCay, Chief Building Official
Norma Salisbury, Administrative Services Officer
Robert Lilley, Mayor
City of Atascadero
P.O. Box 747
Atascadero, CA 93422
SUBJECT: SUPPORT PROPOSED CENTRAL COAST NATIONAL MARINE SANCTUARY
Dear Mr. Lilley:
I ' am pleased to submit to you a copy of the resolution adopted by the
San Luis Obispo Area Coordinating Council supporting the designation of
a National Marine Sanctuary off the Central Coast. The resolution was
approved by the Area Council at a public hearing on September 19, 1990.
The motions carried by the Area Council are as follows:
• 1. To approve the resolution as presented by staff.
2. Direct staff to distribute copies of the resolution to all
jurisdictions and request them to take a similar action.
The proposed Central Coast National Marine Sanctuary offers an
opportunity to establish affirmative protection for an unusually rich
and diverse marine region of the eastern Pacific. Enclosed is a
preliminary inventory of resources identified as nationally significant
and worthy of a national sanctuary designation.
We appreciate your consideration of this project. We ask that the
Atascadero City Council adopt the enclosed resolution on behalf of the
citizens of the city.
Should you have any questions, please contact me at 549-5136. Thank you
again for your consideration.
S ' erely,
C
RICHARD MURPHY, ASSOCIATE NER
Energy and Natural Resour Division
•
cc:Bonita Borgeson
Enclosures
County Government Center • San Luis Obispo California 93408 (805) 549-5600
:3 Department of Planning and Building
San Luis Obispo County
;. � Alex Hinds, Director
Bryce Tingle, Assistant Director
Barney McCay, Chief Building Official
Norma Salisbury, Administrative Services Officer
The following resolution is now offered and read:
WHEREAS, The proposed Central Coast National Marine Sanctuary embodies
special, nationally significant marine and codependent onshore resources
including abundant populations of diverse marine mammals, significant
fisheries stocks, major oceanic upwellings, areas of great aesthetic beauty
and scientific importance, and a great number of additional working biota
features and characteristics that warrant protection under the National
Marine Sanctuary Program; and
WHEREAS, Public necessity and resource value justifies the need for a
ccmprehensive and coordinated conservation and management plan for the •
geographic area within the boundaries of the proposed sanctuary, as a part
of the National Marine Sanctuary Program; and
WHEREAS, the need to support, promote, and coordinate scientific
research on, and monitoring of, the coastal resources be an integral part
of the management plan; and
WHEREAS, the pledge for commitment to enhance public awareness,
understanding, appreciation, and wise use of the marine environment be
outlined in the management plan, and
WHEREAS, to facilitate, to the extent compatible with the primary
objective of resource protection, all public and private uses of the
resources of the proposed sanctuary marine area not prohibited pursuant to
other authorities.
NOW, THEREFORE, BE IT RESOLVED that
endorses designation of the Central Coast National
Marine Sanctuary in the waters off the central coast of California, and
supports the efforts of citizens, organizations, and the County of San Luis
Obispo in reaching this goal. •
County Government Center • San.Luis Obispo • California 93408 • (805) 549-5600
•
PROPOSED CENTRAL COAST NATIONAL MARINE SANCTUARY
INTRODUCTION
The proposed Central Coast National Marine Sanctuary is a
discrete area of the marine environment extending for forty
miles west off the central coast of California between Point Sal
and Ragged Point. The majority of coastline of the proposed
sanctuary is offshore San Luis Obispo County between Ragged
Point to the north and the mouth of the Santa Maria River to the
south. From the mouth of the Santa Maria river south to Point
Sal the sanctuary is offshore the Santa Barbara county
coastline.
San Luis Obispo County is a rural coastal county located midway
between San Francisco and Los Angeles. It is bounded on the
north by Monterey County, on the east by Kern County, on the
south by the Santa Maria River and Santa Barbara County, and on
the west by the Pacific Ocean. Its physical characteristics
include low volcanic and tectonic mountains, sandy beaches,
fertile coastal and inland plains, and arid regions. Air
quality has been generally good, but is deteriorating. Water is
• scarce.
A naturalist exploring the region would find a rich variety of
sensitive coastal habitats: Wetlands and estuaries, rocky
intertidal zones, hard-bottom communities, subtidal rocky reef
communities, numerous offshore rocks used by birds and marine
mammals, and hard-bottom substrate. Major feeding and resting
areas exist for migratory birds; international treaties protect
such habitat.
A fisherman - in waters off the coast would find a high-yield
commercial fishery taking salmon, rockfish, ling cod, halibut,
anchovies, sea bass, shark, rex and dover sole, swordfish,
shrimp, rock crab, and other species. Divers seek abalone and
sea urchin. Commercial fishing fleets operate from two local
ports, Port San Luis and Morro Bay. Other vessels come from as
far away as San Pedro and southern Oregon. Many gear types are
used.
•
------------
... Central Coast NationaI
.
Marine Sanctuary
Alternative 2
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•
THREATENED AND ENDANGERED SPECIES
Threatened and endangered species in the region include the
California Least Tern, the California Brown Pelican, the
Southern Sea Otter, the Clapper Rail, the Guadalupe Fur Seal,
and four species of sea turtle. Seven endangered species of
whale, the gray whale, the humpback whale, the blue whale, the
fin whale, the right whale, the sei whale, and the sperm whale
may be found in the area. The entire population of gray whales
in the eastern Pacific migrates through the area twice each
year, as does half the northern Pacific population of humpback
whales.
•
•
Autumn—Cetaceans
/ Catacean 810mass •
Oenslty(k0/kmJ
/ Pt Sur
0.00-1.00
1 -
/ 1.01-500.00
501-5000.00 36°
00.
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/ Pt Con�cegrorrr 30
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i
100 and 1000 fmisobathsshown
1240 30' 123° 30' 122° 30' 121* 30' 1200 •
Shelf Slope Offshore
(0-99 fm) (100-999 fm) (1,000+ fm)
Mean Cetacean Density 0.11 1.72 2.35
(cetaceans/km2 ±SE) ±0.38 ±2.04 ±0.76
Mean Cetacean`Biomass 211.15 1,077.99 580.88
(kg/kM2)
Mean Sea Surface 15.3* 16.0' 16.1'
Temperature 'C (±SE) ±0.6 ±0.5 ±0.1
Percentage of Observed
Cetaceans x Depth 1.4% 70.2% 28.3%
Percentage of
Biomass x Depth 11.3% 57.6% 31.1%
Figure 4.5.2.4-3 Autumn Cetacean Biomass.
•
4.5-120
Winter—Cetaceans
1
1 Cetacean Bbmaas
/ Oenattr(kg/k"
• / —
Pt Sur
0.00.1.00
/ 1.01-500.00
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100 and 1000 fnt Isobaths shown ��� s•����
1240 30' 123° 30• 1220 30' 1210 30 1200
Shelf Slope Offshore
(0-99 fm) (100-999 fm) ( 1,000+ fm)
Mean Cetacean Density 0.15 3.02 0.49
(cetaceans/kM2 ±SE) ±0.22 ±3.89 ±3.97
Mean Cetacean Biomass 9,737.35 1,319.87 1,116.31
(kg/km2)
Mean Sea Surface 15.60 15.80 15.80
Temperature °C (±SE) ±0.7 ±0.6 ±0.5
Percentage of observed
Cetaceans x Depth 1.7% 93.7% 4.6%
Percentage of
Biomass x Depth 80.0% 10.8% 9.2%
• Figure 4.5.2.4-4 Winter Cetacean Biomass.
4.5-122
SELECTED THREATENED AND ENDANGERED SPECIES
IN A PORTION OF PROPOSED CENTRAL COAST
MARINE SANCTUARY
•
Pt Piedras Btancas
PASO ROBLES
J;
•rot•
CAMBRIA
1�
,t
,ATASCADERO
CAYUCOS
_ MORRO BAY
.1
SAN LUIS OBISPO .
Pt&rcnon
Lion Rock
Pe ho Rock
Pt.San Lui �PrSMO BEACH
ARROYO GRANDE
r' rot
++ Unarmored treespine stickleback Oso Fl Co
Lake
Brown Pelican Roos
Least Tern Nesting
A,e
r� o
Peregrine falcon Nesting � ♦ `
California Clapper Rail SANTA
California Black rail MARIA
ACalifornia Brackishwaler Snail \oini Sai
ddqb» Tidewater Goby , 1
Guadalupe Fur Seal
r �c Recent Reintroduction Site
rj
t. •
[AWC
Gray Whale Migration Route'
�� Southern Sea Otter Range—
e
PARTIAL LIST OF THREATENED OR ENDANGERED
ANIMAL SPECIES THAT MAY OCCUR IN PROPOSED
• CENTRAL COAST MARINE SANCTUARY AREA
Scientific/Common Name Status
federal-State
Sea Turtles
Green sea turtles E/T3 - Infrequent visitors offshore
Chelonia mydas
Leather-backed sea turtle E - infrequent visitor offshore
Dermochetys coriacea
Pacific Ridley sea turtle E/T3 - Infrequent visitors offshore
Lepidochelys otivacea
Loggerhead sea turtle T - Very infrequent visitors offshore
Caretta caretta
Marine Mammals
Gray whale E - Migrates through the region in nearshore
• Eschrichtius robustus waters, Dec-Jan south and March-June
north
Humpback whale E - Migrates through the region mid-April
Meaaptera novaeangtia to early December
Blue whale E - Offshore mid-summer to late fall
Balaenoptera musculus
Fin whale E offshore mid-summer to late fall
Balaenoptera phy satus
Right whale
E Very infrequent visitor
Eubalaena glacialis
Sei whale E - Very infrequent winter visitor offshore
Balaenoptera borealis
Sperm whale E - Very infrequent winter visitor offshore
Physeter catodon
Southern sea otter T P Resident in nearshore waters south to
Enh dra lutris neries Santa Maria River, a few wanderers south
of there
• Guadalupe fur seat C* T,P Summer visitor to San Miguel Island
Arctocephatus townsendi
Birds
.California Brown Pelican E E Peak abundance of migrants from south
Peticanus occidentalis in summer and fall; roost sites at
catifornicus mouths of Santa Maria and Santa Ynez
Rivers and at Purisima Point •
California Least Tern E E Breeding colonies in sandy areas near Oso
Sterna antittarum browni Flaco Lake, Santa Maria River mouth, San
Antonio Creek, Purisima Point and Santa
Ynez River; late April to early September
Light-footed Clapper Rail E E Resident in coastal salt marshes from
Rattus longirostris tevipe Carpinteria Marsh southward. The northernmost
historic breeding locality was Goleta Slough.
California Clapper Rail E E Southernmost location in salt marshes
Rattus lonxnirostris obsoletus at Morro Bay; formerly bred at Morro Bay
American Peregrine Falcon E E Breeding pairs at Avita and Morro Rock;
Falco peregrinus anatum rare fait and winter visitor along the
coast in the Study Region
ferruginous Hawk Cz - Regularly winters in low numbers in the
Buteo regalis Santa Maria Valley including the Douglas site
California Black Rail C T Marshes in Morro Bay
Laterattus jamaicensis
Snowy Plover C Sandy beaches
Charadrius atexandrinus
Least Bell's Vireo E E Formerly bred near Twitchelt Reservoir. •
Vireo bettii pusillus No longer present in Study Region
Belding's Savannah Sparrow - E Not in Study Region; related forms resident in picktew
Passerculus sandwichensis beldingi marsh at the Santa Maria River mouth (see text)
California Yeltow-bitted Cuckoo T Casual summer visitor and migrant
Coccvzus americanus occidentalis
Fish
Tidewater goby C Coastal lagoons; 21 locations from
Eucvclogobius newberryi Point Conception to Point Piedras Btancas
Unarmourgd threespine stickleback E E San Antonio Creek on VAFB and near
Gasterosteus aculeatus witliamsoni Los Alamos
Invertebrates
California brackishwater snail C Los Osos Creek at Morro Bay
Tr onia imitator
1 •
E = endangered; T = threatened; C = candidate; * = proposed
2E = endangered; T = threatened; P = fully protected
3Endangered status for Mexican breeding population, threatened elsewhere in its range.
•
A.*0 oKE III
Sea Otters
• Sea otters, which are a threatened species in California, can be
found throughout the coastal waters of the proposed sanctuary.
A 1984 census showed .that approximately 44% of the entire
southern sea otter population occupied the area between the
Santa Maria river and Cape San Martin, just north of Ragged
Point. The heaviest concentration of otters in the entire range
occurred within the proposed sanctuary in the area around Point
Piedras Blancas, between Ragged Point and San Simeon. The 1990
census shorted the heaviest otter density in the proposed
sanctuary to be moving southward. The largest single group of
otters in the entire range, 96, currently is resident at
Cayucos. Another large grouping, 47, was found in Shell Beach.
Five of the top seven otter population concentrations were
located within the proposed sanctuary area. A discouraging note
is the fact that the otter population decreased approximately
10% over- the last *2 years.
Efforts to protect the otter population have produced
controversies concerning fishing practices, and the very mixed
results associated with the program to translocate some otters
to the area around San Nicolas Island. Controversies
surrounding otter protection offer a prime example of benefits
which could be obtained from unified marine sanctuary management
in the region, and from protecting otters in their natural
• range.
•
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•
NIPOMO DUNES
The Nipomo Dunes, the area from Point Sal to Pismo State Park
Beach, has been designated as a National Natural Landmark. The
landmark consists of two contiguous areas. Point Sal to the
south is one of the last remaining tracts of pristine, rocky
coastline in the South Coast Ranges. The Nipomo Dunes contain
the largest coastal dunes in California. Sand carried by
offshore currents circuloating in a littoral cell replenishes
the dunes.
The area also contains beaches, headlands, and lakes. Many
plants are rare or endangered; a relatively high percentage are
endemic to this area. The Nipomo Dunes area has immeasurable
ecological and scenic value, high educational, scientific and
recreational importance, and represents one of the few coastal
areas in the state still in an undisturbed condition.
•
•
The Nipomo Dunes, a complex of dune systems and lakes, is
located in southern San Luis Obispo and northern Santa
• Barbara counties. Map prepared by Larry Loeher.
Pismo Beach
101
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Grover
City
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MORRO BAY ESTUARY
The Morro Bay Estuary, which is being considered for inclusion
in the National Estuary Program, is ecologically integrated with
and dependent on the waters of the proposed Central Coast Marine
Sanctuary. Morro Bay contains the most significant wetland
system on California's central coast. A large number of state
and federally listed species reside in or depend on the Bay.
Morro Bay can be seen as the southernmost of the northern
California coastal wetlands and as the last large, undeveloped
estuary in Southern California. Sheltered waters, a barrier
beach, and the presence at the harbor entrance of an ancient,
imposing volcanic plug, Morro Rock, offer outstanding
opportunities to residents and visitors.
•
- - Morro Bay Study Area
�MORRO BAY WATERSHED
LOCA �..1
TION MAP
.t,,
jr 01
PARK
-SFA N
- LOS ,
3(]AI F
-��_0 O". ... . .....
Source: USDA/SCS 1989. Erosion and Sediment Study, Morro Bay Watershed.
Coastal San Luis Resource Conservation District and California
Coastal Conservancy.
•
a • � �:
Source: State Fish & Game. 1974.
^ x. .
12
Morro Bay. Coastal Wetland
The Natural Resources of
• • i pages-
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L; ri f-t q '0 Cd r t ri 0 -4 .-4 o Cn f-t Cd f-+ f-4 b r-t 0 +-)
o Cd cd o O •rt r-t Cd o E Cd Cd r- 0 O o 0 f-t O 9 +J Cd O Cd
U M U :E: F W U 0 Q U U Cn 3 U) • W h {J
* — U)
Special Animals Found in the Morro Bay Area
(from CDFG, 1986 - Data Base.)
Species Status Habitat
Banded Dune Snail Helminthoglypta walkeriana 1 MT
Calif. Brackishwater Snail, Tyronia imitator 2 L
Monarch Butterfly, Danaus plexippus 0 U
Morro Blue, Plebjus icarioides moroensis 2 U
Tidewater Goby Eucycloglobius newberryi CSC,2 L
Redlegged Frog, Rana aurora draytonia CSC,2 R
Western Pond Turtle, Clemmys marmorata CSC,2 R
Black Legless Lizard, Anniellaulp chra nigra CSC,2 MT
Western Grebe, Aechmophorus occidentalis 0 M
American White Pelican, Pelecanus erythrorhyncos CSC M
California Brown Pelican, Pelecanus occidentalis californicus CE,CP,FE M
Double-crested Cormorant, Phalacrocorax auritus CSC M
Great Blue Heron, Ardea herodias 0 L,MT
Great Egret Casmerodius albus 0 L,MT
Snowy Egret, Egretta thula 0 L,MT
Black-crowned Night Heron, Nycticorax nycticorax 0 L.MT
Cooper's Hawk, Accipter cooperii CSC R,V
Sharp-shinned Hawk, Accipter striatus CSC R,V
Golden Eagle, Aquila chrysaetos CP,CSC U
Northern Harrier, Circus cyaneus CSC U
Black-shouldered Kite, Elanus caerulea CP U
• Merlin, Falco columbarius , CSC MT
Prairie Falcon, Falco mexicanus CSC U
American Peregrine Falcon, Falco peregrinus anatum CE,C.P,FE MT
California Black Rail, Laterallus jamaicensis coturniculus CT, CP,2 L
Snowy Plover, Charadrius alexandrinus CSC,2 L
California Gull, Larus californicus CSC M
Caspian Tern, Sterna caspia 0 M
Elegant Tern, Sterna elegans CSC M
Marbled Murrelet, Brachyramphus marmoratus CSC P
Rhinoceros Auklet, Cerorhinca monocerata CSC P
Western .Yellow-billed Cuckoo, Coccyzus americanus occidentalis CT,2 R
Short-eared Owl, Asio flammeus CSC U
Burrowing Owl, Athene cunicularia CSC U
Calif. Black-tailed Gnatcatcher, Polioptila melanura californicaCSC,2 R
Morro Bay Kangaroo Rat, Dipodomys heermanni morroensis CE,CP,FE MT,U
Southern Sea Otter, Enhydra lutris nereis CP,FT M
American Badger, Taxidea taxus CSC U
Steelhead Trout, Oncorhynchus mykiss LC R
Brant, Branta bernicla nigricans LC M,L
Harbor Seal, Phoca vitulina LC M
Status:0 = Special animal CT= California Threatened FE= Federally Endangered
1 = Federal Candidate 1 CE= California Endangered FT= Federally Threatened
2 = Federal Candidate 2 CSC= California Species of LC= Local Concern
CP= California Protected Special Concern
Habitat: P = Pelagic L = Littoral R = Riparian
• M = Marine MT = Maritime U = Uplands
RESEARCH
A researcher in the area would find a rich biotic diversity •
resulting from factors such as the geographic location in a
major climatic and ocean circulation transition zone, a
significant year-round upwelling at Point Sal , notable
upwellings at other points in the region, and productive
wetlands such as the Santa Maria River mouth and the Morro Bay
Estuary. Some of the most intense coastal research on the
entire California coast has been done at Diablo Cove, while
important benthic communities such as that of the Santa Lucia
Bank remain unstudied. Significant cultural sites of the
Chumash people are found in the dunes and along the coast to the
northern boundary of their territory, Ragged Point.
Transition Zone
The transition zone between Southern California warm water and
Northern California cold waters is located between Point
Conception and Morro Bay. This is well known as the meeting
place of the Oregonian Temperate Eastern Pacific and the
Californian Subtropical American Eastern Pacific climates and
waters . The complex interaction of the southward moving
California Current, the warmer northward moving subcurrent; and
the near-shore northward moving seasonal Davidson Current is not
fully understood and remain under study at this time.
•
The area between Point Sal and the mouth of the Santa Maria
River, within the transition zone, supports a large mixture of
species of fish, mammals, shellfish, and plant life not found
elsewhere in the Pacific Basin. The Santa Lucia Bank, a
Cretaceous block uplift which constitutes a significant rise in
the sea floor off Point Sal, is a major fishing area. The
permanent upwelling off Point Sal is one of the most
significant nutrient sources in the Pacific basin north of the
equator.
San Simeon Reef
Between Point Piedras Blancas and San Simeon Point is the San
Simeon Reef, considered by numerous researchers to be the
richest stretch of intertidal communities south of Monterey and
Point Conception. It is the southernmost nonthreatened
intertidal community along the California coast. Associated
with this stretch of coast is an extensive kelp forest ecology
that extends miles southward from Piedras Blancas. Researchers
have been studying this particular area for nearly 50 years.
Cuesta Community College and California Polytechnic State
University are two local institutions using the reef for •
research and as an area for instruction in marine biology.
Extensive research has been undertaken by UCLA, 'and CSU at
Fullerton; CSU at Long Beach and CSU at Northridge also use the
area for research.
A PORTION OF SEABIRD NESTING & PINNEPED HAULING GROUNDS
IN THE PROPOSED CENTRAL COAST NATIONAL MARINE SANCTUARY
•
P1 Pie0ras Blancas
PASO ROBLES
CAMBRIA 001,
•,\TASCADERO
CAYUCQS
P A C I FI H
C
MORRO BAY
•
H
14
Pt BuChon LoCaliOns SAN LUIS 081SP0
O C E A N r
S Pt.San Lull 'ISMO BEACH
ARROYO GRANDE
Oso it co of
Lake
�---- Seabird Nesting Area ^ts MaVa q
LDALUPE
\r A
— - Pinniped Hauling Grounds <
SANTA
S —--California Sea Lion H MARIA
H---Harbor Seal Pant Sal
E--- Northern Elephant Seal 1
�c--- Rookery/Pups Present
•
A SELECTION OF IMPORTANT BIOLOGICAL AREAS
IN THE PROPOSED CENTRAL COAST MARINE SANCTUARY
'I p•eaas Bia-cas
PASO ROBLES
` t
San Simeon Reef"-
10;'
CAM8RIA
1
.ATASCADERO
CAYUCOS
Atascadero Beach Pismo Clam Preserve
/ MORRO SAY
/ 1
Morro Rock Ecological Reserve ./
Morro Hay Estuary
nosinated for national status •
Morro Beach Pismo Clam Preserve SAN LUIS OBISPO
Pt Buchon
Pt.San Luis IPISMO BEACH Pismo Lake Ecological Reserve
ARROYO GRANDE
Pismo Invertebrate Reserve Dune Lakes and Black Lake Can,
Sensitive Resource Areas
Ot
Nipomo Dunes National Natural Landmark Oso F1 co \
Lakel
Pismo-Oceano Beach Pisnio Clam Preserve Sania Maria q\P
tJ \ GUADALUPE 0
J� SANTA ' \
P A C I F I C MARIA
Point Sal
O C E A N
•
Archaeology
Between Pismo Beach and Cambria, 5 Chumash village sites are
known to have been occupied for at least 9,000 continuous
years. This is the densest area of 9,000 year old sites known
along the western contiguous states to the Canadian border.
Hundreds of other Chumash sites are associated with the ocean
along the proposed sanctuary. A recent survey of 750 acres
between Point Sal and Mussel Rock located 100 sites, the full
spectrum of Chumash sites from villages to rock outcroppings.
Another recent survey, for the Los Osos sewer project, counted
approximately 60 new sites associated with the southern portion
of Morro Bay and its watershed. The stretch of coastline north
of Cambria to Ragged Point contains the last untouched groupings
of Chumash sites in California. North of Point Piedras Blancas
the only known native North American cinnabar mine was recently
discovered. It was in use up to 5,000 years ago until a
landslide covered it; ocean erosion recently uncovered it.
There are a large number of Chumash coastal sites which continue
underwater - as well as a large number of sites covered by the
ocean.
•
•
1L1 W 37"N
MAP 2
0 1O
M I L E S
i
KING CITY
Mnt 298 •
COALINGA
Mnt - 238 ` 48
• MISSION SAN ANTONIO
Mnt - 282
36 N
SLO — 648 ' LOCKWOOD
t
SLO — 175
SLO - 187 i . MISSION SAN MIGUEL
G
Lodge Hill PASO ROBLES
SLO - 700
Morro Bay ; •
SLO — 584 .! 60 new sites in Los osos
SLO — 2
MI8J&SAN LUIS
SLO — 585 ,
SLO — 56
.. o
35 N
SLO — 45 X10
SLO — 522 . SANTA MARIA
SLO — 754
t
SLO — 406
loo new sites at Point sal
SLO — 402
•
SELECTED RADIOCARBON DATES FOR CHUMASH
ARCHAEOLOGICAL SITES IN SAN LUIS OBISPO COUNTY
Complied by Breschini, Haversat & Erlandson
Coyote Press
•
•
14
12 t
m
J 10
.^ }
VJ
44 $.
o 4 x
74) 6
z 4
2 E �
0 '}'
fl
250 1250 2250 3250 4250 5250 6250 7250 8250 9250
• Years Before Present
TOURISM
An observer at the county's coast would find spectacular scenery
and pristine waters. Rocky shores alternate with unspoiled
sandy beaches. Millions of tourist visits are recorded on the
coast each year because of the scenic, aesthetic and
recreational values of the coast and coastal waters.
World-reknowned attractions exist in the northern portion of the
coast. The southern reaches of the Big Sur coast provide
unequalled vistas of the ocean just north of San Simeon.
Hundreds of thousands of tourists visit the Hearst Castle each
year at San Simeon and thoroughly enjoy the pristine ocean vista
from the castle's mountain setting.
•
•
4TASCAOEAO
CAYUCos
•'•••�• Areas of Boating
L Concentration
MOAFO SAY e
;�;: ♦ Diving
* Surfing
�• �.
SAN LUIS OBiSPO Off-road Vehicles
�-'
Pl.Suction
PI.San Lues.•;.••:�:: APISMO BEACH
•�;: ::t';'•�'•
�, �,�•�.
ARROYO GiiANOE
bso�iac0
Lake
• Ma_Q441
Si^ts�
A / <
SANTA
MARIA
Point Sol
O
1 -
7
•
PORTION OF COASTAL
RECREATIONAL USES
1
•
O O
SHELL.'6EACH
3 6 PISMO BEACH
Point San Luis 4
ARROYO GRANDE
8
9 11
10 12
14 101
I,Port San Luis and Beacn
2.Avila State Beach 15
3.Shelt Beach City Parks
4.Elmet Ross Beach
5.Vista Point
6.Pismo State Beach iia RiVCr
7.Pismo Beach Pier M3 r.,.
8.Pismo Coast Village $a!�••�
R.V.Resort ~17
9.North Beach Campground O
10.Ocean Campground 'I GUADALUPE
11.Ocean Memorial County Park •
1*2.Pismo Dunes Preserve SANTA
14.Pismo Dunes Vehicular MARIA
Recreation Area
15.Oso Flaco Lake
* Point Sat 18
17 Rar,_r.:: „uacawpe Counrf:>31K
78.Point Sal State Beach
1
*ommitted inland
recreational area
PORTION OF RECREATIONAL AREAS
•
•
CONFLICT WITH OFFSHORE OIL
The State of California has long recognized the value of the
county's coasts. A state sanctuary which prohibits leasing,
exploration, and drilling for oil or gas from the high tide line
to the three mile limit off San Luis Obispo County was begun in
1955. State sanctuary protection now extends to most state
waters north of Point Conception.
•
•
PROPOSED
CENTRAL COAST
NATIONAL MARINE SANCTUARY
Szn Simeon Pt. Pt- Estero
Morro Bay
San Luis Obispo
Pt. Buchon
PL San
Lui
RON-
M Sal
Existing and
ProposedOil Leases
to
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• , � • . _Z1 `■. , .�! u, P_1 7t -!'fUI/I�p'ia'�;
• • • A0 :f'` I' r �'�i41f f 'r'!' � �' e��:���sa� , ib•�1�t7"u� id�l�
• �:','�����r���iV/.4��.�wr. Ci_.•' r. � , ' um�sr�k..: �-};�eaa
air
14ANAGEMENT
Several principles should be included in management of the •
proposed sanctuary. San Luis Obispo County has repeatedly
requested that reasonable, defined areas be removed from oil and
gas leasing and development. Sanctuary waters should be
excluded from further oil and gas leasing, permitting, and
licensing. Movement of petroleum or petroleum products by
tanker should be excluded from the area, except for vessels
calling at the two existing terminals. Unitary protection for
the southern sea otter should be advanced. Fishing regulations
should promote the economic viability of the present fleets.
The spectacular scenic, aesthetic and recreational values of the
region should be preserved.
The proposed national marine sanctuary would provide
substantial protection for coastal habitat and resources and
marine mammals from the impacts of potential oil spills, and to
incorporate important fishing grounds and benthic communities at
the Santa Lucia Bank.
We are aware that the designation process is complex, and that
the county and concerned organizations and individuals will have
to assemble and consider much information and undertake several
formal consultations before a designation can be made. 16
U.S.C. Section 1433 sets forth particular determinations,
findings, and factors which must enter into the determination:
proposed regulations must be drafted; notices and prospectuses
must be issued; an Environmental Impact Statement is required; •
public hearings must be held; terms of designation and fishing
regulations must be established; and Congressional committee
action may occur.
Successful designation processes include sustained effort on the
part of local communities as well as federal officials. The
county is aware of organizations willing to work toward the goal
of sanctuary status; county staff members will be made available
to contact National Oceanographic and Atmospheric Administration
officials and others and to prepare an inventory of resources,
issues, and topics for consideration. it is both appropriate
and urgent that procedures be initiated to designate waters off
our county's coast as a National Marine Sanctuary. contact
National Oceanographic and Atmospheric Administration officials
and others to begin the process. Staff will prepare an
inventory of resources, issues, and topics for consideration.
Designation can become a milestone in efforts to protect this
nationally significant area. San Luis Obispo County staff
seeks a cooperative result on this matter, and urges a favorable
determination. Please contact John von Reis, Karl Kempton or
Richard Murphy of the San Luis Obispo County Department of
Planning and Building (805-549-5600) for any questions or
concerns which might arise.
sanct\brochur
e
•
REPORT TO CITY COUNCIL AGENDA ITEM: A-8
CITY OF ATASCADERO
THROUGH: Ray Windsor, City Manager MEETING DATE: 10/30/90
FROM: Andrew J. Takata, Director
Department of Parks, Recreation and Zoo
SUBJECT:
RENAMING OF TRAFFIC WAY PARR
RECOMMENDATION:
The Parks and Recreation Commission recommends the City Council to
direct staff to formulate a public contest to rename Traffic Way
Park.
Staff recommends the formulation of a committee, consisting of two
City Council Members, two Parks and Recreation Commissioners, and
one member at large to determine the winning entry.
BACKGROUND:
Since Traffic Way Park was developed, the name was derived from the
street it abuts to.
DISCUSSION/ANALYSIS:
The Parks and Recreation Commission and staff feel the name
"Traffic Way Park" is an inappropriate name for a City park.
Staff feels a more appropriate name is needed, and that another
name would be less descriptive of a roadway.
The Parks and Recommendation Commission does not recommend naming
City parks after an individual's name. It is felt that since so
many people volunteer their services to the community, it would be
very difficult to determine the most appropriate person. However,
the Commission was open to the idea of naming sports fields after
individuals in the community.
AJT:KV
• 'twp
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-1
Through: Ray Windsor, City Manager Meeting Date : 10/30/90
From:
,q r� 1�1/�t�,�-J'1 fel'` � � Y
SUBJECT: Public hearing of eminent domain proceedings for acquisi-
tion of certain property known as Parcel 3 of Tentative
Parcel Map AT 88-307
RECOMMENDATION:
Staff recommends that City Council open the hearing, review facts ,
accept comments, close the hearing and adopt the Resolution of
Necessity to initiate eminent domain proceedings against the sub-
ject property.
BACKGROUND :
1 . City staff was instructed to negotiate the purchase of a par-
cel offered by the property owners to provide future right of
• way for the Curbaril extension and additional recreational
open space for the City. The subject property is located near
the intersection of Curbaril and Carmelita Avenues, as shown
on the attached map, marked Exhibit A.
2 . The City made an offer to purchase subject property, as shown
on the attached map marked Exhibit A, pursuant to Section
7267 . 2 of the California Government Code . The amount of the
City' s offer was acceptable to the property owners and deter-
mined to be just compensation for the property.
3 . Although discussions have been amiable with the property ow-
ners , it was mutually agreed that acquisition of the property
would be through eminent domain proceedings .
4 . On October 12 , 1990 , the City notified the property owners of
the condemnation hearing to be held on October 30 , 1990 , re-
garding the subject property. The letter was received by the
property owners on October 12 , 1990 , and acknowledged in
writing on said date .
ANALYSIS:
As to the findings of the proposed Resolution of Necessity, City
• staff have the following comments : See attached memos from the
Public Works Director and the Parks , Recreation & Zoo Director.
RW: cw
MEMORANDUM
•
TO: Ray Windsor, City Manager
FROM: Greg Luke, Director of Public Works
SUBJECT: Curbaril Bridge
DATE: October 19, 1990
I have examined the need to construct a bridge across
Atascadero Creek at Curbaril.
The bridge is planned for in the Circulation Element of the
General Plan and has been included in our proposed build-out
Capital Improvement Plan prepared for the Financial Planning Model.
Both of these facts indicate staff's long standing position that
the Curbaril Bridge will be necessary to accommodate future traffic
loads. Several factors contribute to the need to construct the
Curbaril Bridge.
Currently all of the traffic generated west of Highway 101
must use one of 4 roads to access highway 41 (Atascadero Avenue,
San Andres Avenue, Portola Road, San Gabriel Road) Traffic at
these intersections has increased to the level where signals are
necessary to control traffic flow. As traffic continues to •
increase these intersections and the approach routes will
experience increased congestion.
Future traffic congestion can be mitigated either by improving
the existing approach routes or providing alternate travel paths.
Improving approach roads could include street widening, providing
another travel lane, or providing turn pockets at intersections.
These types of improvements would require purchasing additional
road right-of-way and the wide road widths would tend to be
inconsistent with the community character.
Providing bridges at several key locations would open
alternate travel routes. This would diffuse the traffic flow and
lower traffic volumes on all of our collector roads. A bridge from
Carmelita to Highway 41 near 3 bridges is one alternate route. At
the north end of town a bridge to carry Santa Cruz over Graves
Creek to the Highway 101 intersection is another example.
Constructing the Curbaril Bridge would provide an alternative route
for traffic to flow from Santa Lucia Road and San Marcos Road to
Highway 41 and the south end of the town.
The new traffic signals are scheduled to be installed by
Caltrans at three intersections along Highway 41 will improve
traffic flow, particularly during peak hours. As such construction
of the Curbaril bridge now has low priority. However, in the next •
5 - 10 years there is a high probability that this alternative
M E M O R A N D U M
DATE: October 19 , 1990
FROM: Andrew J. Takata, Director
Department of Parks , Recreation and Zoo
TO: Ray Windsor
City Manager
SUBJECT: PROPOSED PURCHASE OF PRIVATELY OWNED PROPERTY AT 7503
CARMELITA
The Parks and Recreation Commission reviewed the above purchase at
their meeting of January 18, 1990 , leading to a motion determining
that the subject property could be used for recreational purposes
and that the purchase would be in conformance with the General Plan
and the draft of the new Recreation Element.
In its report to the Planning Commission of April 3, 1990, staff
indicated that "acquisition of the subject property would not be
in conflict with the General Plan but is not compelled by it" .
Quoting from the existing General Plan: "Areas of open space
available for recreation that shall be preserved are listed below: •
The banks and bed of Atascadero Creek" . Further, with respect to
General Plan language related to "Creek Policy Proposals" , the plan
goes on to state that, 111 . Possible purchase of privately owned
portions or negotiations of easement rights shall be considered in
order to develop the whole area as recreational land" .
If the City decides to purchase the subject property, I would rec-
ommend that, given the configuration of Atascadero Creek in this
area and the amount of vegetation now existing, the area be left
primarily in its natural state with little or no capital improve-
ment investment. This would be in line with one of the Creek
Policy Proposals, which states that: "Some areas of the creeks
shall be left in their natural state for public enjoyment and to
provide a continuing home for the beaver population, as well as the
foxes, weasles, coyotes , wildcats and racoons" .
Finally, I would just like to point out that acquisition of creek-
ways , whether through conveyance, negotiation or purchase, leading
to ultimate control by the City for the benefit of the community
at large, is a goal to be pursued.
Andrew J.""Tata
Director' � •
AT:kv
;carmelita
•
RESOLUTION NO. 120-90
RESOLUTION OF THE CITY OF ATASCADERO
FINDING AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR PUBLIC PARK AND
RECREATIONAL PURPOSES AND ALL USES APPURTENANT THERETO
THE CITY OF ATASCADERO DOES HEREBY DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1 . The City of Atascadero ( "City" ) finds, determines
and declares :
( a) That the public interest, convenience and necessity
require the acquisition by said City of the fee interest in
and to certain hereinafter described real property for public
parks and recreational purposes and all uses appurtenant
thereto; and
• (b) That the project is planned or located in the manner
that will be most compatible with the greatest public good and
least private injury; and
(c) That the property proposed to be acquired herein is
necessary for the project, described in subparagraph ( a)
above; and
(d) That the taking of the interest in and to said real
property as above-described is necessary to such use and is
authorized by Section 19, Article I of the California Con-
stitution, Section 16 of Article XVI of the California
Constitution, Section 33000 et seq. of the California Health
and Safety Code, and Section 1240 . 010 et seq. of the Cali-
fornia Code of Civil Procedure and all other applicable laws;
and
(e) That the offer to purchase required by California
Government Code Section 7267 . 2 has been made to the owners of
the property to be acquired by the City and that said offer
was accepted by the property owners .
SECTION 2 . The City hereby declares that it is the intention
of said City to acquire said property in its name in accordance
with the provisions of the laws of the State of California with
reference to condemnation procedures .
• SECTION 3 . That if any of the subject property has been ap-
propriated to some public use, the public use to which it is to be
applied and taken under this proceeding is a more necessary and
paramount public use.
•
RESOLUTION NO. 120-90 (cont' d)
SECTION 4 . Said real property hereinabove referred to, the
acquisition of which is required by said public interest, conven-
ience and necessity for the purposes set forth in Section 1 hereof,
is located in the County of San Luis Obispo, State of California,
and is more particularly described in Exhibit "A" which is attached
hereto and incorporated herein by reference and made a part hereof .
A map showing the general location of the property sought to be
acquired in this proceeding is marked Exhibit "B" attached hereto
and incorporated herein by reference and made a part hereof.
SECTION 5 . The City Attorney and the firm of Burke, Williams
& Sorensen are hereby retained as special counsel and are author-
ized and directed to prepare, institute and prosecute in the name
of the City such proceedings in the proper court having jurisdic-
tion thereof as may be necessary for the acquisition of said real
property described in Section 4 hereof . Said counsels are also
authorized and directed to obtain an Order of Court granting to
said City the right of immediate possession and occupancy of said
property. •
SECTION 6 . The City Clerk shall certify to the adoption of
this Resolution.
SECTION 7 . This Resolution shall be effective immediately
upon its adoption.
APPROVED AND ADOPTED this 30th day of October, 1990 .
CITY OF ATASCADERO
By:
ROBERT B. LILLEY, Mayor
ATTEST:
LEE DAYKA, City Clerk
APPROVED AS TO FORM AND CONTENT: •
ARTHER R. MONTANDON, City Attorney
•
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO) ss .
CITY OF ATASCADERO )
I, Lee Dayka, City Clerk of the City of Atascadero, do hereby
certify under penalty of perjury that the foregoing Resolution No .
120-90 was duly adopted by the Atascadero City Council at a meeting
thereof held on the 30th day of October, 1990, and that the same
was adopted by the following vote, to wit :
AYES :
• NOES :
ABSENT:
•
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EXHIBIT "B" TO RES. NO. 120-90
A portion of Parcel 1 of Parcel Map ATAL 87-147 as
recorded in Book 43 Page 65 of Parcel Maps in the office of the
County Recorder of San Luis Obispo County, State of California
and being more particularly described as follows:
Beginning at a 1" iron pipe in the centerline of
Curbaril Avenue, said point also being the Southwesterly corner
of Lot 1, Block TB of the map of Atascadero recorded in Book 4,
Page 46 of Map Books of said county, said point also being the
TRUE POINT OF BEGINNING; thence along the westerly property line
of said lot 1, North 23 °25119" West, 29.49 feet to its
intersection with the Northerly right of way of Curbaril Avenue,
thence along the following courses; North 59°30124" West, 25. 05
feet; thence North 28°03150" West 143 .57 feet; thence North
1°32149" West, 46.42 feet; thence South 76°37 '20" East, 11.34
feet to the Southwesterly corner of lot 2, block TB on said map;
thence along the Westerly property line of lots 2 & 3 of Block
TB, North 23 °25119" West, 134. 39 feet to an angle point in said
lot 3 ; thence South 60°43145" West, 179. 62 feet to a point of
intersection with the Eeasterly property line of lot lA of block
UB of said map of Atascadero, said point being distant thereon
35 ' from the common rear lot corner of lots 1A and 2 of said
block UB; thence South 2 °43131" East, 90.06 feet along the
common Easterly boundary lines of lots lA and 1 of said block UB
and Atascadero Creek Reservation number 6 to an angle point;
thence South 42°11152" East, 169. 06 feet to an angle point lying
within the Northerly right of way of Curbaril Avenue; thence
South 32058122" East, 13.31 feet to a point on the centerline of
Curbaril Avenue and the Southeast corner of said lot 1; thence
continuing along the centerline of Curbaril Avenue through a
curve concave to the South subtending an angle of 5° 19 ' and a
radius of 1909.9 feet, an arc length of 177.23 to a 1" iron pipe
said point being the TRUE POINT OF BEGINNING and the end of this
description.
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Fr(`SI' • Af
4 ALAN L. VOLBRECHT
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•
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-2
Through: Ray Windsor, City Manager Meeting Date: 10/30/90
File No: CUP 10-90
From: Henry Engen, Community Development Director V6
SUBJECT:
Appeal by Gaylen Little of signage conditions approved by the
Planning commission for the Century Plaza Center at 6905 E1 Camino
Real .
RECOMMENDATION:
Deny the appeal and uphold the approval conditions of the Planning
Commission (refer to Exhibit "I" ) .
• BACKGROUND :
On October 2, 1990, the Atascadero Planning Commission considered
the attached staff report and on a 5 : 2 vote approved the recommen-
dations of staff with revision to Condition #3 requiring that the
demolition permit for the existing pedestal sign be finaled prior
to issuing any sign permits on the property. As may be noted in
the Planning Commission minutes excerpts , the two no votes were
cast on the basis of the approval conditions being too lenient.
The primary issues focused on the request for changes to the
existing pedestal sign and the proposed bowling alley sign. The
following chart summarizes the differences :
ORDINANCE PLANNING COMMISSION
REQUIREMENT REQUEST ACTION
Existing 60 ft2 . , 101ht 162 ft2 . , 201ht 156 ft2 , 161ht
Pedestal (per ordinance) (Exhibit "C" (per prior CUP
Sign proposed) approved 1985)
(Exhibit "G" )
Proposed 40 ft2 , 101ht 60 ft2 , 81ht 40 ft2 , 61ht
Bowling Arch Style per
Alley Sign prior CUP
(monument) (Exhibit "G" )
•
With respect to visual comparison, the attached graphics show the
existing Century Plaza identification sign approval, versus the
current request. The Commission and staff recommendation is to
adhere to the originally approved master plan signage design.
ALTERNATIVE:
The City Council has the option of upholding the appeal and grant-
ing the application as requested by the appellant .
HE :ph
CC : Gaylen Little
Encls : October 10, 1990 - Letter of Appeal
Sign Comparison Graphic : Original Approval vs . Current
Request
October 3 , 1990 - Letter Transmitting Modified Exhibit
++In
October 2 , 1990 - Staff Report
Planning Commission Minutes Excerpts - October 2 , 1990
•
•
E1 Camino Associates
6905 E1 Camino Real
Atascadero, CA 93122
466-7712
caC�o
September-10, 1990
City of Atascadero
Community Development Department
Henry Engen -
6500 Palma Avenue
Atascadero, CA 93422
Re: Condition Use Permit 10-90
Dear Mr . Engen:
It is the wishes of E1 Camino Associates to appeal the
decision of the Planning Commission, regarding Conditional
• Use Permit 10-90, held on October 2, 1990 due to the absence
of the applicant .
G glen Little
General Partner
SIGN COMPARISON
CITY OF ATASCADERO
ORIGINAL APPROVAL v.
` COMMUNITY DEVELOPMENT CURRENT REQUEST
DEPARTMENT •
I•
2eS ni�L'
.�.:•��r��-ray--
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•
�glg,� :Fol t CITY OF ATASCADERO
CAD
OCTOBER 3, 1990
EL CAMINO ASSOCIATES
MR. GAYLEN LITTLE
6905 EL CAMINO REAL 45
ATASCADERO, CA 93422
SUBJECT : CONDITIONAL USE PERMIT 10-90
6905 EL CAMINO REAL - CENTURY PLAZA
DEAR MR. LITTLE:
AT THEIR REGULAR MEETING HELD OCTOBER 2ND, THE ATASCADERO
PLANNING COMMISSION CONDUCTED A PUBLIC HEARING CONCERNING
YOUR REQUEST FOR ADDITIONAL SIGNAGE FOR THE CENTURY PLAZA
• RETAIL CENTER. AFTER LENGTHY DISCUSSION AND REVIEW, THE
COMMISSION APPROVED THE USE PERMIT SUBJECT TO THE FINDINGS
AND REVISED CONDITIONS OF APPROVAL (ATTACHED) .
THE COMMISSION ' S DECISION IN THIS MATTER IS FINAL, UNLESS
APPEALED. IF IT IS YOUR DESIRE TO APPEAL, IT WILL BE NECESSARY
TO SUBMIT A LETTER STATING REASONS FOR THE APPEAL ACCOMPANIED
BY A $ 100 FEE NO LATER THAN 4: 00 P.M. OCTOBER 16, 1990 .
PLEASE CONTACT THE PLANNING DIVISION FOR ASSISTANCE SHOULD YOU
HAVE ANY QUESTIONS .
SIN ERELY,
HENRY ENG IN., DI ECTO�
COMMUNITY DEVELOPMENT
HE : PS
ENC : REVISED CONDITIONS OF APPROVAL
•
COMMUNITY DEVELOPMENT DEPARTMENT • 6500 PALMA AVENUE • ATASCADERO, CA 93422
Sudding Permits: 305461-5040 0 Planning: 461-5035 0 Enton-ement: 461-5034 0 Director: 461-5097 City -l;<: 461-0606
EXHIBIT I - Con •
dations of Approval
Conditional Use Permit 10-90
6905 E1 Camino Real
(Century Plaza/Little)
Revised by the Planning Commission October 2, 1990
CONDITIONS OF APPROVAL:
1. Sign installation shall be in conformance with Exhibits E
and G, Exhibit I (conditions of approval) , and all other
codes and ordinances of the City of Atascadero. Any
modification to this approval shall be approved by the
Community Development Department prior to implementing any
changes.
2. All provisions of this approval shall be accomplished
simultaneously. The sign criteria is approved as follows :
a. The existing pedestal sign for center identification is
nonconforming and shall be demolished.
b. A new Century Plaza identification sign shall be
constructed per the original approval for the main
pedestal sign (Exhibit G) .
C. The monument sign for Creekside Lanes is limited to
forty (40) square feet and six feet in height. This
sign shall be self-supporting with its base on the
ground and contain the architectural style and
materials as approved in 1985 (Exhibit G) .
d. Sunstorm Cyclery and Yazoo ' s are authorized a second
tenant sign in conformance with the approved sign
design (Exhibiy E) and the locations as shown on the
site plan (Exhibit B) . Also, the existing title
company sign as shown on Exhibit B is allowed for the
tenant space hatchmarked on the site plan.
e. The proposed neon tubing for Cornucopia restaurant is
not allowed.
3. Applicant shall obtain a building permit and inspection for
each sign to ensure compliance with this approval and the
Uniform Building Code. The demolition permit for the
existing pedestal sign shall be finaled prior to issuance of
any sign permits.
4. This Conditional Use Permit shall expire one year from the
date of final approval unless all conditions are satisfied
and the project shows substantial progress , or unless a time •
extension has been granted pursuant to a written request
prior to the expiration date.
CITY OF ATASCADERO Item: g , 5
. STAFF REPORT
FOR: Planning Commission Meeting Date: October 2, 1990
BY: Doug Davidson, Senior Planner File No: CUP 10-90
SUBJECT:
Consideration of a request for additional signage for the Century
Plaza retail center.
RECOMMENDATION:
Staff recommends approval of Conditional Use Permit 10-90 based
on the Findings for Approval in Exhibit H and the Conditions of
Approval in Exhibit I.
SITUATION AND FACTS:
1. Owner. . . . . . . . . . . . . . . . . . . . . . . .El Camino Associates
2. Representative. . . . . . . . . . . . . . .Gaylen Little
• 3. Project Address. . . . . . . . . . . . . . 6905 El Camino Real
4. General Plan Designation. . . . .Retail Commercial
5. Zoning District. . . . . . . . . . . . . .CR (Commercial Retail)
6. Site Area. . . . . . . . . . . . . . . . . . . . 8. 13 acre
7. Existing Use. . . . . . . . . . . . . . . . .Retail Shopping Center
8. Environmental Status. . . . . . . . .Categorically Exempt
BACKGROUND:
Sign criteria for Century Plaza was originally approved by the
Planning Commission on January 7 , 1985 (see Exhibit G) . In 1986,
additional signage for Rileys department store was granted
through a Conditional Use Permit. The proposed tenant signs
(Exhibit E) remain consistent with the original approval. The
monument signs approved in 1985, however, have not been
installed. As the following analysis attempts to prove, this
style of sign was developed as a component of the architectural
remodel of the center and should be utilized.
•
ANALYSIS:
The applicant is proposing the following additions and revisions
to the approved sign program for Century Plaza:
1. Revision to the existing center monument sign (Exhibit C) .
2. Installation of a new monument sign to identify the bowling
alley, Creekside Lanes (Exhibit D) .
3. One additional tenant sign for two businesses, Yazoo' s
restaurant and Sunstorm Cyclery (Exhibit E) .
4. Neon tubing on the top/front edge of the Cornucopia
restaurant (Exhibit F) .
Monument Signs
The Zoning Ordinance allows one monument sign for shopping
centers, not to exceed ten (10) feet in height or sixty (60)
square feet in size. Thus, the existing Century Plaza monument
sign is nonconforming by being twenty (20) feet in height and
approximately 140 square feet. The current proposal (Exhibit C)
is to re-arrange the cabinets and add four small cabinets to give
individual tenants increased sign exposure along E1 Camino Real.
The sign as requested is twenty (20) feet high and 162 square
feet. •
The second monument sign is proposed to identify the new bowling
alley (Creekside Lanes) . The sign is 60 square feet in size, and
eight feet in height. The proposed aluminum base is three feet
wide with a brown sheet metal cabinet to match the existing pylon
sign. Additional monument signs are allowed on frontages greater
than 300 feet. Also, the original sign approval allowed
additional monument signs for theater and plaza identification.
Neither of the proposed monument signs conform to the original
sign program. While the shopping center has undergone a complete
facelift, the signs have not been similarly upgraded, with the
exception of the tenant signs. The Conditional Use Permit for
architectural remodel, including the stucco exterior, colonnade
arches, and red tile roof, included the sign program as an
integral part. The building design is carried out in the arch
elements and compatible materials of the signs shown in Exhibit
G. This original approval also specifically included the
replacement of the existing center identification sign with the
main pedestal sign as shown in Exhibit G. Furthermore, the
proposed monument sign for Creekside Lanes does not relate to the
Century Plaza architecture as the monument signs designed five
years ago intended. Staff believes that the signs designed for
the remodeled Century Plaza should be installed.
•
Tenant Signs
• As stated above, the proposed tenant signs are consistent with
the original approval. The special request here is for two
tenants (Yazoo' s and Sunstorm Cyclery) to have an additional sign
on the E1 Camino Real face of the building. The public entrances
to the two businesses are located perpendicular to El Camino
Real. In actuality, the Commission is being asked to authorize
the existing Sunstorm Cyclery sign facing E1 Camino Real. Staff
can agree with the applicant' s desire for signage on El Camino
Real for these two tenants. Placement of the approved signs in
the archways as shown, will continue the sign theme in the
center, but not clutter the building facade. Staff recommends
including the existing title company sign facing E1 Camino Real
in this approval. This sign would be allowed for any tenant
occupying this space to the rear of Sunstorm Cyclery.
Neon Tube for Cornucopia Restaurant
Exhibit F shows the proposed neon tubing along the top/front edge
of the Cornucopia restaurant. The Appearance Review Guidelines
emphasize that building materials, colors, and components should
complement a building and "tie-in" with adjoining buildings. The
intent of this policy is not to duplicate building design, but to
encourage flexibility within a common design framework. Several
policies of the Guidelines indicate that exposed neon tubing
would detract from the overall appearance of Century Plaza.
• "Building materials shall have a pleasing architectural
character and shall be selected for harmonius "tie-in" of
the building with adjoining buildings. "
"Materials shall be selected for suitability to the type of
buildings and the design in which they are used. "
"Exterior lighting shall be part of the architectural
concept. Fixtures, standards, and all exposed accessories
shall be harmonius with building design. "
"The colors, materials, and lighting of every sign shall be
restrained and harmonius with the building and site to which
it principally relates. "
"The number of graphic elements (such as letters, numbers,
logos, etc. ) shall be held to the minimum needed to convey
the sign' s message. " '
"Each sign should be compatible with signs on adjoining
premises and not compete for attention. "
In light of these community standards, the proposed neon element
is an "add-on" feature. Staff does not want to imply that neon
is prohibited in Atascadero, but rather that a neon accent does
• not conform to the established design theme at Century Plaza.
CONCLUSIONS: •
Under the terms of the Zoning Ordinance (Section 9-7. 109 (a) (1) ,
the request to enlarge the existing Century Plaza pylon sign is
not permitted, for nonconforming signs cannot be increased in
area. On the other hand, if the sign complies with the original
approval, it remains approximately the same size, but is lowered
in height and conforms architecturally with the center.
Similarly, the sign for Creekside Lanes should be of the same
style as designed with the building remodel in 1985. The
additional tenant signs located in the colonnade arches will also
continue the design scheme. Lastly, the proposed neon tube would
detract from the appearance of the center.
Century Plaza implemented a building remodel and architectural
upgrade that is worthy of commendation. With the expansion of
Rileys, the additional theaters, and the bowling alley, Century
Plaza has become the shopping and entertainment center of the
community. A sign package which enhances the center is the
finishing touch.
ATTACHMENTS: - Exhibit A - Location Map
Exhibit B - Site Plan
Exhibit C - Monument Sign (Century Plaza)
Exhibit D - Monument Sign (Creekside Lanes) •
Exhibit E - Tenant Signs (Yazoo' s/Sunstorm Cyclery)
Exhibit F - Neon Tube (Cornucopia)
Exhibit G - Sign Criteria Approved in 1985
Exhibit H - Findings for Approval
Exhibit I - Conditions of Approval
EXHIBIT A
CITY OF ATASCADERO
• LOCATION MAP
COMMUNITY DEVELOPMENT CUP 10-90
DEPARTMENT
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COMMUNITY DEVELOPMENT CUP 10-90
•
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CITY OF ATASCADERO
MONUMENT SIGN (Century Pla:
COMMUNITY DEVELOPMENT CUP 10-90
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CITY OF ATASCADERO TENANT SIGNS
-COMMUNITY DEVELOPMENT CUP 10-90
DEPARTMENT
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EXHIBIT F
CITY OF ATASCADERO
` a COMMUNITY DEVELOPMENT NEON TUBE •
DEPARTMENT (Cornucopia)
CUP 10-90
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CITY OF ATASCADERO EXHIBIT G
COMMUNITY DEVELOPMENT APPROVED SIGNS 1985
• � ,
DEPARTMENT CUP 10-90
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•
Exhibit H - Findings for Approval
Conditional Use Permit 10-90
6905 E1 Camino Real
(Century Plaza/Little)
ENVIRONMENTAL FINDING:
The proposed project is categorically exempt (Class 11) from the
provisions of the California Environmental Quality Act.
FINDINGS:
1. The proposed project, as conditioned, is consistent with the
General Plan.
2. The proposed project, as conditioned, satisfies all
applicable provisions of the Zoning Ordinance.
3. The establishment, and subsequent operation or conduct of
the use will not, because of the circumstances and •
conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or
persons residing or working in the neighborhood of the use,
or be detrimental or injurious to property or improvements
in the vicinity of the use.
4. The proposed project is consistent with the character of
the neighborhood and is not contrary to its orderly
development.
5. The proposed project will not generate a volume of traffic
beyond the safe capacity of all roads providing access to
the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic
volume of the surrounding neighborhood that would result
from full development in accordance with the Land Use
Element.
6. The proposed project, as conditioned, is consistent with the
Appearance Review Guidelines.
•
EXHIBIT I - Conditions of Approval
Conditional Use Permit 10-90
6905 El Camino Real
(Century Plaza/Little)
CONDITIONS OF APPROVAL:
1. Sign installation shall be in conformance with Exhibits E
and G, Exhibit I (conditions of approval) , and all other
codes and ordinances of the City of Atascadero. Any
modification to this approval shall be approved by the
Community Development Department prior to implementing any
changes.
2. All provisions of this approval shall be accomplished
simultaneously. The sign criteria is approved as follows:
a. The existing monument sign for center identification is
nonconforming and shall be demolished.
b. A new Century Plaza identification sign shall be
constructed per the original approval for the main
pedestal sign (Exhibit G) .
C. The monument sign for Creekside Lanes is limited to
forty (40) square feet and six feet in height. This
sign shall be self-supporting with its base on the
ground and contain the architectural style and
materials as approved in 1985 (Exhibit G) .
d. Sunstorm Cyclery and Yazoo' s are authorized a second
tenant sign in conformance with the approved sign
design (Exhibiy E) and the locations as shown on the
site plan (Exhibit B) . Also, the existing title
company sign as shown on Exhibit B is allowed for the
tenant space hatchmarked on the site plan.
e. The proposed neon tubing for Cornucopia restaurant is
not allowed.
3. Applicant shall obtain a building permit and inspection for
each sign to ensure compliance with this approval and the
Uniform Building Code.
4. This Conditional Use Permit shall expire one year from the
date of final approval unless all conditions are satisfied
and the project shows substantial progress, or unless a time
extension has been granted pursuant to a written request
prior to the expiration date.
•
PLANNING COMMISSION MINUTES
EXCERPTS - OCTOBER 2, 1990
is
5 . CONDITIONAL USE PERMIT 10-90 :
Application filed by Gaylen Little (E1 Camino Associates )
to provide additional signage for the Century Plaza
Shopping Center. Subject site is located at 6905 E1
Camino Real .
Mr. Davidson presented the staff report and provided a
synopsis of the sign criteria which was originally approved
by the Planning Commission in January, 1985 . He noted the
monument signs that were approved were never installed. Staff
is recommending approval of the use permit subject to the four
Conditions contained in the staff report. He offered modifi-
cation to 43 to reflect that the demolition permit for the
existing monument sign be finaled prior to issuance of any
sign permits .
Commission questions and discussion followed.
In response to concern expressed by Commissioner Highland con-
cerning the lowering of the monument sign, Mr. Davidson
clarified that staff is looking at the basic outline of the
sign; the copy could be arranged or rearranged.
• Discussion ensued relative to nonconforming sighs that are in
the Plaza ( i . e. , Shakey' s ) .
Mark Riley with CN Signs, representing the applicant, stated
the applicant is willing to concede the proposed neon tubing
for the Cornucopia Restaurant, and agrees with the remodel of
the sign for Creekside Lanes to conform with the original
design. He noted objection to Conditions #k2a and #2b
(existing monument and identification sign for Century Plaza) .
He added that it is not worth having an identification sign
to adequately identify the tenants and movie titles for the
cinema if it is not large enough to do the job . Mr. Riley
stated the applicant would like to maintain the present height
and square footage and would be willing to do some redesign
work so that the sigh fits in with the entire project.
Mr. Riley then responded to questions from the Commission.
In response to inquiry by Commissioner Lochridge, Mr. Riley
explained that by lowering the sign, there would be visibility
constraints .
Mr. Davidson explained that one of the reasons staff feels
comfortable with the recommendation is that the recommended
size of the sign will not change that drastically. Basically,
• staff is proposing that the sign be lowered by seven feet but
the actual square footage size of the sign would not be re-
duced very much.
Commissioner Waage voiced his feeling that the existing
Century Plaza sign is atrocious and should be removed.
•
Commissioner Highland stated that because parking is allowed
on E1 Camino Real ( in front of Century Plaza) , essentially the
bottom five feet of the sign would be cut off from view. He
added that the height of the existing sign is appropriate for
the location.
Commissioner Waage indicated that having a red curb portion
on E1 Camino Real would solve visibility problems .
Commissioner Johnson stated there are no mitigating circum-
stances that would warrant a larger sign, adding that he could
not support anything more for signage than what is contained
in Exhibit G (main pedestal sign approved in 1985) .
Commissioner Hanauer referenced other shopping centers stating
that one tends to get used to what the signs say. However,
in this case, because of the cinema, movie titles are con-
stantly changing.
Commissioner Kudlac stated he would like to see the sign
remain fairly large because of the nature of the business
(cinema) .
Commissioner Waage raised the possibility of a third monument •
sign. Discussion followed.
Commissioner Lochridge objected to any additional monument
sighs and voiced his feeling that there are other centers in
the City that list their tenants that convey the message to
those passing by simply by using landscaped berms, attractive
signage, and rearranging the wording contained in the sign.
He added that the sign ordinance is a strong one and works
well .
In response to inquiries, Mr. Davidson stated that a three
foot berm would be allowed which would result in a four foot
lowering of the height of the current sign.
There was further discussion concerning other :identification
signs on the building face of the cinema building.
MOTION: By Chairperson Luna to approve Conditional Use
Permit 10-90 subject to the Findings and Conditions
of Approval with modification to Condition #3 to
read:
113 . Applicant shall obtain a building permit and
inspection for each sign to ensure compliance
with this approval and the Uniform Building •
Code . The demolition permit for the existing
monument sign shall be finaled prior to
issuance of any sign permits . "
Commissioner Lochridge seconded the motion.
•
Commissioner Johnson asked if this would limit the number of
signs to one pedestal sign in the front. Mr. DeCamp clarified
that the approval would be for two monument type signs with
the larger sign identifying Century Plaza and associated uses
and the second sign which would identify the location of
Creekside Lanes .
Commissioner Johnson then asked if the one monument sign would
be twice the size that the present sign ordinance allows . Mr.
Decamp affirmed this, adding that the degree of the noncon-
formity is being decreased although the square footage is
roughly the same.
In response to question by Commissioner Highland, Mr. Decamp
explained that the use permit approved in 1985 has lapsed.
With the 1985 approval, one of the three monument signs was
to be located on the Capistrano side of the project .
Commissioner Johnson commented that if the main new Century
Plaza identification sign were reduced to the sign standards
with the addition of another pedestal sign, he indicated he
could support this; however, he could not support the main
• identification sign at twice the size of what the sign
ordinance allows .
Chairperson Luna asked if the option exists to have the iden-
tification sign conform to the sign standards .
Mr. Decamp responded that the Commission does not have , that
option.
Commissioner Lochridge stated that with that clarification and
with Commissioner Johnson' s comments, he removed the second.
Commissioner Hanauer seconded the motion.
Commissioner Waage stated that a case can be made for a little
larger sign as long as it is lowered as there has to be some
type of marquee for the theater. If the sigh' s size is
reduced to what is allowable, he did not feel there will be
any marquee. He added he could support a 10 foot Height and
make it a pedestal sign which could work.
Commissioner Hanauer emphasized that Riley' s , Creekside Lanes,
and Century Cinemas are the three most unaccessible places
he' s ever seen in an established center.
• At this point, Chairperson Luna restated the motion.
The motion carried 5 : 0 with Commissioners Lochridge
and Johnson dissenting.
•
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-3
Through: Ray Windsor, City Manager Meeting Date : 10/30/90
File : Condominium Conver-
sion Moratorium
Ordinance
From: Henry Engen, Community Development Director !*
SUBJECT:
Consideration of extension of Urgency No. 210 establishing a mora-
torium on conversion of existing rental apartments to condominiums .
RECOMMENDATION :
Approve the attached interim Ordinance No . 212 , Which extends the
condominium conversion morotorium for up to 12 months (4/5ths vote
required) .
BACKGROUND:
At the City Council ' s meeting of September 25, 1990, Council
adopted the attached Ordinance No. 210 to allow time for prepara-
tion of and adoption of a condominium conversion ordinance . State
statute provides that, once so adopted, such ordinances are in
effect for forty-five days . Given an additional public hearing as
has been scheduled for your October 30th meeting, the ordinance
can be extended for up to 22 months and fifteen days . However, a
firm draft of a condominium conversion ordinance has been prepared
and is undergoing legal review. Hence, a 12 month extension of the
moratorium should be more than sufficient for a time extension .
HE :ph
Encls : Ordinance No . 210
Ordinance No . 212 - Extendinq Ordinance No . 210
•
•
ORDINANCE NO. 210
AN INTERIM URGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF ATASCADERO AMENDING THE ATASCADERO MUNICIPAL CODE
CREATING A MORATORIUM ON THE APPROVAL OF PERMITS FOR
THE CONVERSION OF EXISTING MULTI-FAMILY RENTAL
UNITS TO CONDOMINIUMS OR A STOCK COOPERATIVE
(CITY COUNCIL INITIATED)
WHEREAS, Section 65858 of the Government Code authorizes the
adoption by local legislative bodies of interim Ordinances as
urgency measures to protect the public safety, health and welfare;
and
WHEREAS, said ordinances may be adopted as urgency measures
prohibiting actions which may be in conflict with a contemplated
zoning proposal which the legislative body, Planning Commission or
Community Development Department is considering, or studying, or
intends to study within a reasonable time; and
WHEREAS, the City' s Housing Element to the General Plan calls
for the City to "monitor and consider regulation of condominium
• conversions to insure that the supply of low and moderate rental
housing is not significantly decreased"; and
WHEREAS, the Community Development Department has been moni-
toring requests for conversion of rental housing to condominium
ownership anis has reported to the Planning Commission and Council
that approximately 27 1/2 percent of the City' s multi-family units
will have converted to condominiums with the approval of Tentative
Tract Map 02-90, which would increase from 566 units to 630 units
the number of converted rental units in the City; and
WHEREAS, this increase of 64 represents an 11% increase over-
all in the extent of condominium conversions; and
WHEREAS, there has been a dramaticdecline in the construction
of offsetting new rental housing, with only ten ( 10) new apartment
units being requested for construction in Calendar Year 1990; and
WHEREAS, the City' s General Plan addresses this issue by
reciting in Residential Policy No. 17 a variety of issues that
should be addressed in any condominium conversion ordinance adopted
by the City; and
WHEREAS, the City Council has directed staff to prepare a com-
prehensive condominium conversion ordinance to address these
• concerns; and
WHEREAS, the City Council held a public hearing on September
25, 1990; and
Ordinance No. 210
Page Two
WHEREAS, such urgency measures shall require a four-fifths
vote of the legislative
body P for adoption.
NOW, THEREFORE, the City Council of the City of Atascadero
does ordain as follows :
Section 1 . Council Findings .
1 . The proposed code amendment is in conformance with Section
65800 et seq of the California Government Code concerning zon-
ing regulations .
2 . The proposed interim ordinance is categorically exempt from
the provisions of the California Environmental Quality Act.
3 . That further study is necessary to determine what legislation
is proper for the protection of the public health, safety and
welfare.
4 . The moratorium on further conversion of existing multi-family •
rental units may avoid approving conversion that would con-
flict with the standards of the pending condominium conversion
ordinance.
5 . That there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of
additional subdivision maps for the conversion of existing
multi-family rental units to condominium or stock cooperative
ownership would result in a threat to public health, safety,
or welfare.
Section 2 . Municipal Code Text Addition.
The following is hereby added to the City' s Municipal Code
(Non-Codified Addition) , to read as follows :
Condominium Conversions.
All applications for conversion of existing multi-family
rental units to condominium or stock cooperative ownership are
hereby prohibited except for the processing of subdivision maps
formally accepted as complete as of September 25, 1990 . Existing
multi-family rental units are units which have been constructed and
have had approval of a final building inspection authorizing occu-
pancy. •
Section 3 .
This ordinance is adopted under Government Cone section 65858
•
Ordinance No. 210
, Page Three
and is in full force and effect for forty-five (45) days and may
be extended as provided in Government Code Section 65858 .
Section 4 .
The City Council hereby declares that this is an urgency
ordinance necessary to preserve the public peace, health and safety
due to the facts set forth above.
Section 5.
This ordinance being an urgency ordinance for the immediate
protection of the public safety, health and general welfare, con-
taining a declaration of the facts constituting the urgency and
passed by a four-fifths (4/5 ) vote of the Council shall take effect
immediately upon its adoption.
Section 6 .
• 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 Ordi-
nances of this City.
On motion by Councilman Dexter and seconded by Councilwoman
Borgeson , the foregoing ordinance is hereby adopted in its
entirety by the following roll call vote:
AYES: Councilmembers Nimmo, Shiers, Dexter, Borgeson and Mayor Lilley
NOES: None
ABSENT: None
DATE ADOPTED: September 25, 1990
CITY OF ATASCADER 1, CALIFORNIA
ATTEST: E T 13-7=:--=E:,
. LEY, ayor
•
LEE DAYKA, City Cl rk
•
Ordinance No. 210
Page Four
APPROVED AS TO
R2ZIR, City Manager
APPROVED AS TO FORM:
A W" � —%�,
ARTH R MONTANDON, Iqlty Attorney
PREPARED BY:
HE Y ENGEN
Community Development irector
•
•
•
ORDINANCE NO. 212
AN URGENCY ORDINANCE OF THE CITY OF ATASCADERO
AMENDING THE ATASCADERO MUNICIPAL CODE BY EXTENDING
ORDINANCE NO. 210 CREATING A MORATORIUM ON THE APPROVAL OF
PERMITS FOR THE CONVERSION OF EXISTING MULTI-FAMILY RENTAL
UNITS TO CONDOMINIUMS OR A STOCK COOPERATIVE
(City Council Initiated)
WHEREAS, the City Council adopted, on an urgency basis,
interim Ordinance No. 210 on September 25, 1990 establishing a
moratorium on the conversion of existing multi-family rental units
to condominiums, which ordinance is attached hereto and incorpor-
ated herein; and
WHEREAS, notice was given pursuant to Section 65858 (b) of the
Government Code for public hearing by the City Council on October
30, 1990; and
WHEREAS, passage of Ordinance No. 210 was effective for a
period of forty-five days from its ' adoption, unless extended,
• following notice pursuant to Section 65090; and
WHEREAS, the City has undertaken a program to develop a
Condominium Conversion Ordinance which is presently under study;
and
WHEREAS, consideration of an urgency measure shall require a
4/5ths vote of the legislative body for adoption.
NOW, THEREFORE, the City Council of the City of Atascadero
does ordain as follows :
Section 1 . Council Findings .
1 . The proposed code amendment is in conformance with Section
65800 et seq of the California Government Code concerning
zoning regulations .
2 . The proposed interim ordinance is categorically exempt from
the provisions of the California Environmental Quality Act.
3 . That further study is necessary to determine what legislation,
if any, is proper for the protection of the public Health,
safety, and welfare.
• 4 . That there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of
additional building permits, plot plans , precise plans or use
permits, inconsistent With the zoning text changes provided
for herein, would result in a threat to public health, safety,
or welfare.
•
Section 2 . Municipal Code Text Change.
Section 2 of Ordinance No. 210 is hereby added to the City' s
Municipal Code (non-codified addition) which is hereby made a part
of this ordinance by reference.
Section 3 .
This ordinance is adopted under Government Code Section 65858
and is in full force and effect for 12 months .
Section 4 .
The City Council hereby declares that this is an urgency
ordinance necessary to preserve the public peace, health and safety
due to the facts set forth above.
Section 5 .
This ordinance being an urgency ordinance for the immediate
protection of the public safety, health and general welfare, con-
taining a declaration of the facts constituting the urgency and
passed by a four-fifths (4/5) vote of the Council shall take effect
immediately upon its adoption. •
Section 6 .
The City Clerk shall cause this ordinance to be published once
within fifteen (15 ) days after its passage in the Ataseadero News,
a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance, and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of this City.
On motion by , and seconded by
the foregoing ordinance is hereby
adopted in its entirety by tie ollowing roll call vote :
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By. •ROBERT B. LILLEY, Mayor
City of Atascadero, California
•
ATTEST:
LEE DAYKA, City Clerk
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
PREPARED BY:
• HENR ENGE
Community evelopm r Director
•
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item: B-4
• Through: Ray Windsor, City Manager Meeting Date: October .30, 1990
File No: 90-178.005
Via: Henry Engen, Community Development Director JV1
By: Bill Wittmeyer, Compliance Official
SUBJECT:
BUSINESS LICENSE REVOCATION - Hearing to consider revocation of city business
license #90216, Reggie & Shannon Brard, (R & S Plumbing) , 8052 Cristobal.
(Continued from September 25, 1990 City Council meeting.)
RECOMMENDATION:
Conduct the public hearing and then continue the hearing to the November 27th,
1990 meeting.
BACKGROUND:
June 27, 1990, the Community Development Department received a complaint
signed by eight citizens (neighbors to subject business address) stating:
"Business in a residential zoned neighborhood."
• There were numerous attempts to cause the Brard's operation to be brought into
compliance with the City of Atascadero Zoning Ordinance. On September 18,
1990, Bill Wittmeyer verified that the Brard's (R & S Plumbing) had moved from
the Cristobal address. [See transmittal cover sheet for 9/25/90 meeting for
detailed chronology.]
The day following the 9/25/90 City Council meeting, Mrs. Brard contacted Bill
Wittmeyer to inquire about the results and consequences of the Council 's
action.
The continuance was explained.
Mrs. Brard indicated that they had re-established their business at
their residence on San Marcos Road (no address given) and wished to
continue as before. Mrs. Brard further indicated that the character of
the San Marcos neighborhood differed considerably from that on
Cristobal.
Mrs. Brard was advised that it would be necessary to submit an
application to transfer the business license, and, that at that time she
could include requests for adjustments or allowances to the license.
Mrs. Brard was invited to make an appointment with Bill Wittmeyer for
the purpose of reviewing the ordinance requirements and for assistance
in filling out the application; however, she was advised that the
application would be reviewed by the Planning Division for approval
within the guidelines and limitations set in the ordinance.
• October 17, 1990, Bill Wittmeyer contacted Reggie Brard who indicated that his
wife would come in at once to submit application for transfer of the license.
October 18, 1990: Mrs. Brard has contacted Bill Wittmeyer and will come in
next week to submit the necessary application.
ANALYSIS:
Circumstances at this time are much the same as at the conclusion of the
September 25th Council meeting: •
"The Brard's have moved from the Cristobal address, the conditions of
violation no longer exist; the suspension of the license at this address
is moot inasmuch as they must now apply for a transfer."
"Revocation at this time would result in automatic denial of a new
license at any location for six months (Municipal Code Section 3-
5.310(f) ."
"The Brard's must apply now for a transfer of their license; such
license can be reviewed and conditioned to address the original concerns
of this action as well as conditions pertinent to the new location."
Mr. Brard indicated during the telephone conversation on October 17, 1990 that
he was under the impression that he could not apply for transfer of the
license until after final action on the revocation. This has been clarified
now.
cc: Reggie & Shannon Brard
Encl: Transmittal cover sheet from 9/25/90 C.C. meeting.
•
•
• REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item:
Through: Ray Windsor, City Manager Meeting Date: 9/25/90
File No: 90-178.005
Via: Henry Engen, Community Development Director
By: Bill Wittmeyer, Compliance Official
SUBJECT:
BUSINESS LICENSE REVOCATION - Hearing to consider revocation of city business
license #90216, Reggie & Shannon Brard, (R & S Plumb ,ig) , 8052 Cristobal.
RECOMMENDATION:
Conduct the public hearing and then continue the hearing to the October 30,
1990 meeting.
BACKGROUND•
• June 27, 1990, the Community Development Department received complaint
[exhibit "A"] signed by eight citizens (neighbors to subject business address)
stating: "Business in a residential zoned neighborhood."
Subsequently attempts were made to advise the Brard's of the violations:
by mail [exhibits "B" & "C"] (the Brard's indicate that they did not
receive the first correspondence due to incorrect addressing 8052 vs.
8042 Cristobal, vs. P. 0. Box) .
and by phone (August 17, 1990: message on answering machine),
and finally, by personal visit to the Brard's residence at 7:00am on
August 21, 1990. Bill Wittmeyer went to site and discussed conditions
of operation with Mr. Brard and pointed that as they stood there, the
operation was in violation of the City of Atascadero Zoning Ordinance
and conditions of his business license and home occupation permit
application(s)/conditions: exhibits "D"and "E"].
August 29, 1990: Citation issued to Mr. Brard [copies: exhibit "F"].
September 14, 1990: Letter from David Peterson (attorney) [exhibit "G"],
stating that the Brard's propose to "move from the Cristobal residence by
September 19, 1990".
September 18, 1990: Bill Wittmeyer verified that the Brard's (R & S Plumbing)
• have moved from the Cristobal address.
MEETING AGENDA
DATE12LLLO ITEM# _
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.
I have also attached two documents. One was prepared by the
County entitled "San Luis Obispo Water Ethic" which addresses
Governmental responsibility to conserve and manage water resources.
The second document is a section of the General Plan Update Program
which is a quick reference guide to our current water system.
Ouestion 1.
What is the projected water use for the 75 dwelling units that
are now proceeding through the approval process?
Based on published information on water use (see attached
table) , Atascadero's current average daily waster use is 200-220
gallons per resident. This number is higher than surrounding
communities probably because of higher irrigation use. Department
of Finance data estimates an average of 2.8 residents per
household, resulting in a water use of 560-615 gallons per day per
household.
Using a conservative value of 600 gallons per household, the
75 new residences now proceeding through the approval process will
consume an average of 45,000 gallons per day. This is an average
daily consumption rate. During summer months water use will
roughly double. Thus the peak water demand for the 75 new
residences will approach 100, 000 gallons per day.
Ouestion 2.
What is the projected water demand for the additional 4000
0 dwelling units estimated to be built to reach full City build-out?
The Planning Department estimates that 4000 new dwelling units will
be constructed for the City to reach full build-out. Applying the
same factors discussed above, the 4000 new residential units will
consume an average of 2.4 million gallons per day. (i.e. , 4000
units X 600 gallons per unit) . The peak summer demand will be
approximately 4.8 million gallons per day.
The numbers presented above are useful for planning purposes.
It should be noted, however, that many factors could significantly
influence these estimates, including water conservation, water
pricing structure and water use regulations. One of the reasons
the per person consumption value is high may actually be caused by
leaks in the water system (a 5% loss factor is normal, Atascadero
may be higher) . If the present high consumption rates are caused
by system leaks, using present data to project future water use
could cause significant errors.
Ouestion 3.
What affect will the State Water Project have on the
additional demands?
The Atascadero Mutual Water District has submitted a request
for 2945 AF/YR of water from the Coastal Aqueduct. This is
equivalent to 2 .6 million gallons per day of additional water.
Question 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.
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 is available for other uses.
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.
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.
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SAN LUIS OBISPO COUNTY
WATER ETHIC
MAR 3 01989
Cl i`l MG R.
FIN^
BY
VAN W. LAURN
COUNTY WATER CONSERVATION COORDINATOR
COUNTY ENGINEERING DEPARTMENT
GEORGE C. PROTOPAPAS, COUNTY ENGINEER
CLINTON MILNE, DEPUTY COUNTY ENGINEER
MARCH, 1989
cheap compared to other necessities of life, and waste is common.
Agricultural water use is directly proportional to energy and
fertilizer costs and is monitored as a business expense. Thus ,
municipal water users need constraints , as lifelong habits are hard
to change. On the other hand, agricultural water users are
basically self—regulating when kept abreast of current knowledge and
technology. Optimistic projections of reduced water use in
California by the first decade of the next century are about 15% for
municipal use and about 2.5% for ag, 2% of the total for each.
Municipal Water Use:
Municipal water use in San Luis Obispo County can be characterized
relative to the Santa Lucia Mountain Range. Coastward of the range,
the total community use on an annual basis averages about 170
gallons per capita per day. Single family residential use may be
approximated from 100 to 120 gpcpd with perhaps a 20% drop for each
occupant over the first three. Multifamily residential use may be
as much as 50% less due to less per capita landscape area.
Generally, it can be considered that 50% of municipal water use is '
outdoors (landscaping, washing vehicles, hosing driveways, etc. ) .
Inland water use averages 50 to 100 gallons more, bringing the
indoor/outdoor water use ratio of this area to 30/70% since it
appears that the additional water use in the North County is applied
outdoors due to the warmer summer climate.
Seasonal differences are dramatic. Inland summer water use is 3 to
4 times winter use. Coastward the difference is roughly double.
As a water purveyor, the County has control over only about 10% of
the municipal water use; but in terms of land use, building permit ,
and business license regulation, it has definitive input within the
service areas of - other purveyors throughout the unincorporated
area. As a wholesaler of water (such as with the proposed State
Water Project and a future Nacimiento project) , the County could
impose water use standards as a contractual obligation even within
the incorporated areas.
Indoor Use:
State Code changes which, beginning in 1978, mandated low flow
fixtures (3.5 gallon toilets, 2.75 gpm shower heads and faucets) for
all new installations has the greatest potential for impact on
indoor water use. Unfortunately, retrofits such as toilet bags and
shower flow restrictors and early low flow designs, which were no
more than factory retrofits, produced poor results and have had a
temporary effect at best. With a potential savings of less than 16m,
of total water use, the inefficiency of these devices may well have
cost water use by turning the public sentiment against low flow
devices and postponing the acceptance of properly designed
fixtures . The problem will be compounded if retrofits are installed
in post 1978 fixtures.
2
The primary outdoor water use is for landscape irrigation , and this
is almost without exception done in ignorance. Few people
understand the water needs of their landscape, the water content of
their soil, the effect of weather, or the amount or effectiveness of
the water they apply. Thus , changes in landscape water use have the
greatest potential for water savings -- 10 perhaps 206% of the total
per capita use.
Concepts such as odd-even watering days or daytime water
prohibitions draw attention to the situation, but they do not
encourage efficient water use. The results may just as often be an
increase in water use or public backlash against all water use
programs .
The term "xeriscape" (dry landscape) has become almost common and to
most suggests a desert garden. This is only the extreme sense of
the word. In its simplest form, xeriscape means a landscape where
responsible water use has been a conscious component of the design.
It means providing sprinklers which water the plants , not the
sidewalk. It means grouping plants with like water needs so that
some plants are not overwatered in the effort to provide the basic
water needs of others (in the bargain, less trimming is required,
less disease is fostered, and less fertilizer is needed) .
Xeriscape recognizes that lawns are the greatest water users in the
landscape. (A lawn will evapotranspire as much as twice the water
that will be lost by evaporation from an equivalent size swimming
pool. ) Therefore, lawn areas should be reduced to the minimum
necessary for the needs of the site. Our concept of lawns derived
from the English landscape tradition where the climate is much more
uniformly wet. It has been somewhat successfully transplanted to
the Eastern United States, and from there it has been carried to
California. But California has a Mediterranean climate, and the use
of such landscape concepts (as well as Hawaiian fern gardens and
tropical planting) must be maintained artificially. Thus , the
constitutional question of beneficial use comes into play. Each
person should have the opportunity to satisfy his or_ her personal
concept of a pleasing landscape, but the public need for water
requires a balancing. Certainly those who wish a lawn should have
one; but it should be scaled to a reasonable need, placed where
there is maximal visual impact and/or where there is a defined use.
Narrow, hard-to-water side yard or parking strips should be
avoided. Mowed turf on hard-to-water steep slopes should be
avoided. Certainly lawn planting for lack of any conscious thought
should be avoided. Individual needs for a lawn, whether they be
visual or physical, should be determined; and the physical pattern
should be adapted both to the need and to the physical limitations
Of sprinkler patterns .
Alternatives to portions of lawn, depending upon the level of use,
can be hardscapes (paved or decked areas) , mulched or graveled
areas , and ground cover (unmowed grasses included) . If directed- to
4
tolerant, that many of the commonly used landscape plants a
drought tolerant if deep rooting is facilitated, and that eveO
drought tolerant plants require substantial irrigation for the first
few years and should not be planted when water supplies are short.
Additional techniques involve regular checking of an irrigation
system to verify that it is functioning properly , adjusting
irrigation schedules to the seasons , learning to recognize plant
stress characteristics as a guide to watering, checking soil
moisture content, fertilizing with potassium to encourage root
growth, but not fertilizing from late spring till fall as this
increases water need, and scheduling irrigation during the morning
hours (while avoiding the peak use period) when evaporation
potential is relatively low and warming temperatures discourage the
development of molds.
To implement the above concepts, a water use ordinance should
require all building permits to provide a detailed water use review
of landscape plans ; lawn and other high water use plantings should
be limited to 25% of the exterior site area for single family
residences , unless equivalent water savings- can be shown in other
areas. For other uses such as commercial and multifamily
residential, the high water use area should be limited to 40%. The
irrigation plan should contain the physical layout and initial
scheduling needed to establish plant growth as well as a plan to
pare the system to the needs of the established landscape
Compaction requirements for the top foot or two of non-structural
slopes should be relaxed to allow water penetration, the surface
should be left rough, and plant selection should be graded to
reflect the tendency of slopes to retain less moisture toward the
top.
Turf Management:
Turf management is a special case of the above, defined by the
extent of the lawn (such as a golf course or park) . Cal Poly is the
statewide training center for the two-day Master Water Auditor
program which trains personnel to determine the efficiency of a
system and develop a .schedule based on weather data. All turf
managers should enroll.
Systems where personnel are not readily available should have
controller operation regulated by tensiometers , an anemometer, and a
rain sensor. Personnel should be present during irrigation on a
regular basis to monitor for leaks or ineffective coverage. As with
agriculture, uniformity is the key to efficiency.
Education:
Public education can be categorized under two headings: general and
specific. General concepts of water awareness , water conservation,
drought awareness , etc. , which seek to modify attitudes, have
6
The one exception to the effectiveness of general education is in
the primary (and to some extent secondary) school curriculum.
Results will take some time and may never be attributable, but there
is every reason to believe that water use habits can be influenced
if addressed early. School districts should be encouraged to
provide such programs.
Water Rates :
Water rates should be used to encourage responsible water use as
well. Although the direct relation between rates and use is
unclear, rates do have an indirect effect by providing an incentive
for users to consider water saving advice. Certainly there must be
a substantial block rate increase if a direct response is to be
realized. (In no case should unmetered service or decreasing block
rate structures be permitted. ) The first increment beyond the base
rate should be at least double the base rate; the next increment
five times, then ten and twenty times. Anything less is
ineffective.
To avoid hardship, it is essential that care be taken to provide
each service with a reasonable base rate quantity for the needs of
that service. The most precise way would be for each jurisdiction
to conduct a detailed survey of the number of occupants at each
residential location and to assess the water needs of each
non—residential service. A questionnaire could be developed. Short
of this , an average quantity can be estimated from average per
capita use. as mentioned earlier and modified as individual customers
advise of greater needs. The shortcoming of the latter method is
that those with less than average needs are not likely to request a
reduction.
The imposition of a set base quantity without regard to the number
of people per service is inequitable when block rates increase
substantially. Likewise, individual block rate quantities based
upon a percentage of past individual use would be paramount to
penalizing those who had voluntarily saved water and to rewarding
those who had wasted it. In the long run, this tactic will
encourage users to pad their account in anticipation of cutbacks.
For non—residential services, it may not be possible to establish
base quantities as anything other than a percentage of past use.
This should, however, be coupled with an individual assessment of
the potential for reduction.
Although it may be complex to vary base quantities with the seasons,
it appears inevitable with substantially increasing block rates .
As a word of caution, few water purveyors run a margin of profit.
Thus , if water use is reduced, revenues may be insufficient for
operation ; and increased rates following such efforts most likely
will be viewed as a negative reward. Rates should, thus , be
8
lower end. Thus , irrigation efficiencies of only 60% as defined ma�
easily reflect 80% or more of what is necessary to grow a crop .
Irrigation technology has advanced more in the past 10 years than it
did in the previous 102000 years. Better hardware * is being
developed continually and over the full range of application from
massive overhead systems to subsurface soakers. Old techniques such
as surge flow, furrow compaction, and tailwater return are being
re—emphasized along with new techniques such as lazer leveling and
low energy precision application systems.
The real problem is that farm managers do not have the time to
adequately monitor their irrigation procedures, and farm labor may
not have the knowledge or incentive to correct obvious
deficiencies . The mobile lab program sponsored by the Department of
Water Resources (DWR) and Resource Conservation Districts (RCO) is
an excellent solution to the problem.
To date, it operates only in the Cuyama Valley in San Luis Obispo
County. The RCO' s for the remainder of the County should be
encouraged to pursue a unit for the North County and perhaps another
for the coast.
OWR ' s CIMIS program mentioned earlier should be expanded as well.
Ultimately, it should be remembered that ag water use is a benefit
to municipal users , as agriculture itself provides the basis for th�
rural quality of life that the people find so appealing in San Luis
Obispo County. The memorandum of understanding among the municipal
water users of the Arroyo Grande Basin that their respective past
maximum groundwater extractions will not be exceeded, thereby
reserving a portion for ag use, is to be commended. Similar
considerations, though not as defined, have been expressed in San
Luis Obispo, Nipomo, and Los Osos. The trend is beneficial .
3183x
10
Turf
Training Program
Controller Override Sensors
Education
Comparative Water Use Information
Identification of Major Water Use
Residential Water Use Habits
Commercial Water Use Habits
Landscape/Weather Information Program
Water Use Hotline -
Primary School Water Use Education
Rates
Increasing Block Rate
Base Use Quantities
Number of Occupants/Use Determination
Avoiding Penalizing Past Reductions
Seasonal Rates
Anticipating Revenue Loss
Audits
Household Leak Detection
System Leak Detection
Main Flushing
Gray Water Use
Reclaimed Water Use
Ag
Support of Various Existing Programs
Mobile Lab Program Expansion
CIMIS Program Expansion
Noncompetition
3284x -
(a) Water Supply
The development of an adequate water supply system is basic to a
community. Water is supplied by the Atascadero Mutual Water
Company. With one exception, lot owners within the Colony own
shares of company stock and are entitled to its services. The exception
is that portion of the Eagle Ranch lying within the Colony but west of the
Peabody Line.
Atascadero Mutual Water Company draws approximately 2,530 acre
feet per year from the 26 million acre foot aquifer known as the Paso
Robles Basin, by means of six deep wells in the flood plain of the
Salinas River. Five more shallow wells draw from the Salinas River
gravel deposits from which 3,610 acre feet of water was drawn in 1988,
for a total of 6,140 acre feet of water. In 1976, the State Water
Resources Board estimated the total safe yield of the Paso Robles
Groundwater Basin at 47,000 acre feet per year. Actual withdrawals,
including those by the Atascadero Mutual Water Company, total about
45,000 acre feet.
Projected water district planned build-out water use will approximate
8,200 acre feet per year. This will increase the demand on the Paso
Robles Basin by about 1,500 acre feet per year. If this amount and
demands by other users were doubled, withdrawals would approximate
90,000 acre feet, an annual overdraft of 43,000 acre feet per year. At
this rate, the storage capacity would be reduced by about .0017%
yearly., resulting in an 8-1/20/a reduction in reserves in 50 years. In
short, despite rapid growth, reserves are adequate to permit orderly
planning for supplemental sources.
In 1989, the system consisted of six recent 300- to 600-foot wells and
five wells of 100-foot depth. The water table at the shallow wells is
sensitive to seasonal rainfall, and the hardness, primarily due to the
calcium and magnesium content, also varies. The hardness runs from
300 ppm in winter to 500 ppm in summer. To date, there has been little
seasonal fluctuation in water level or water quality in the deeper wells;
the hardness remains constant at about 244 ppm.
Peak demand during summer months has topped 10 million gallons
daily. Current storage capacity of 13 million gaflons was met by
II-17
Ilk
construction in 1980 of three new reservoirs, totaling 7 million gallons,
in outlying areas of the city. An additional 3-million gallon tank is
planned near San Carlos Road to meet future needs.
Additional resource development by Atascadero Mutual Water
Company may include the following projects:
1. Develop deep well No. 11. -
2. Develop Jack Creek Dam.
3. Develop Santa Rita Dam.
4. Participation in additional storage at Santa Margarita Lake by ;
raising the height of the Salinas-Dam.
5. Participation in the impoundment of the Salinas River behind a i
second dam downstream from the Santa Margarita Lake Dam,
on a site owned by Atascadero Mutual Water Company.
6. Participation in Nacimiento Water Project.
7. Participation in State Water Project.
The Water Company should undertake an ongoing water conservation
program to encourage prudent use of this valuable resource.
(b) Sewage Disposal
The Urban Service Line encompasses 3,620 acres or about 5.7 square l
miles of the city. Within this area, there are several improvement_
districts totaling about 2,100 acres which are served by sanitary
sewers. In 1989, the city provided sewer service to 3,264 dwelling units
out of a city total of 8,031 dwelling units, or 41%of the population.
The average daily dry weather flow was 1,110,000 gallons per day, with
a peak dry weather flow of 1,745,000 gallons per day. -The treatment
plant was designed to process 1.4 million gallons per day (mgd) and
can be expanded to 1.8 mgd with relatively minor improvements. -A [
s
l!<
e
II-18
• REPORT TO CITY COUNCIL
Meeting Date: 10/30/90
CITY OF ATASCADERO Agenda Item: C-1(B)
Through: Ray Windsor, City Manager
From: Greg Luke, Director of Public Works
SUBJECT•
Proposal for Water Resource Study
Background
On October 13 , 1990 the Council convened an emergency session
to assess the sudden water shortage announced by the Atascadero
Mutual Water District. During the course of the discussion a
variety of technical questions were brought up by Council. Many of
these questions could not be answered because the data was either
unavailable or of questionable accuracy during drought conditions.
Council directed staff to prepare a proposal for an independent
study to answer the water resource questions associated with the
water shortage.
Recommendation
Select a course of action from one of the four options
presented at the conclusion of this report.
Discussion
Staff has contacted Mr. Carlos Madrid of the State Department
of Water Resources and Mr. Clint Milne of the County Engineering
Department to review available data on the water resources of the
Salinas River area. In addition, we have contacted a variety of
private consultants who work in the field of water resources and
may be able to assist with a water supply study.
A truly comprehensive study of the long-term reliability of
Atascadero's water supply would require an extensive effort. The
components of this study would include:
1. Long-Term Basin Yield. What is the safe, long-term yield of
the groundwater basin in the vicinity of Atascadero Mutual Water
District's well field? Knowing that the geology of the area is
complex and that the well field is located in a small segment of a
much larger groundwater basin it is necessary to evaluate how the
• groundwater moves, how it is recharged, and how the water table
will respond to heavy pumping.
2. Efficiency of the Well Field. Are the existing wells located,
constructed and operated in a manner which provides the optimum •
amount of water? Wells which are too shallow, too close together
or improperly constructed will not extract all the available
groundwater. To efficiently operate a well field requires careful
monitoring of the groundwater table throughout the basin. In this
way pumping rates can be adjusted so two wells will not compete for
the same water. Similarly, problems such as drawing down private
wells and allowing water to pass between wells can be avoided.
Accurate monitoring of the well field's performance, particularly
groundwater contours, cannot only increase production efficiency
but also provide an early warning of impending water shortages.
3 . Ability to meet projected water demands Can Atascadero Mutual
Water District's water sources meet ultimate projected water
demands? Future water demands will be affected by numerous
factors, including:
A. Number and type of residential and commercial buildings;
B. Water requirements for both indoor, outdoor, commercial
and industrial uses;
C. Large water users, such as new parks, golf courses,
agricultural irrigation;
D. Changes in water use patterns, such as water conservation,
or more extensive landscape irrigation; •
E. Availability of reclaimed water
A combination of pumped and imported water and water in
storage reservoirs must be able to meet peak water demands. Peak
demands include not only residential demand but also fire flow and
emergency supply to off-set equipment or power failures.
4. Condition of the Water Distribution System. Is the water
distribution system designed, constructed and maintained in a
manner which can be easily expanded to meet future demands: Future
water demands will put a strain on the existing distribution
system. Long, undersized transmission mains can cause significant
pressure drops as future water demand increases. A water system
must be "networked" or "looped" to provide reliable service. So
called dead-end lines must be avoided.
System losses (or leaks) should be kept below 5% of water use.
Often older water systems can develop leaks due to cracks,
corrosion, pipe settlement, decaying joints and a host of other
causes. An aggressive maintenance and replacement program is
required to keep a water distribution system in good repair. With
a well maintained and designed water distribution system future
expansion can occur without the need to replace and/or upsize
existing pipelines. •
The items discussed above are purely technical issues.
• Questions regarding legal water rights and long-range financial
planning may affect the District's ability to meet future water
demands. Clearly, if the Council wishes to examine all facets of
the Water District's water production capabilities, an extensive
study would be required.
Analysis
At the October 13 , 1990 Council meeting, most of the
discussion revolved around the issue of long-term basin yield in
the vicinity of the Water District's well field. Clearly this is
the one area that cannot be solved by constructing additional
infrastructure. The maximum groundwater yield is a fixed value
governed by the characteristics of the aquifer.
It is proposed that a two phase effort be employed to
determine long term yield.
Initially a private consultant would be hired to collect and
examine all available background data relating to the geology and
hydrologic characteristics of the basin. Past groundwater levels
would be compared with current groundwater levels to determine the
affect the current drought has had on the basin. This physical
data, used in conjunction with statistical rainfall data and
projected water demand will allow the consultant to draw a
quantitative conclusion regarding the long-term adequacy of the
• basin.
A study of this type would rely primarily on available data.
The new data collected would be limited to the effect of the recent
drought. The consultant would be independent of the Water
District, thereby eliminating any biases (real or perceived) that
may have existed with previous studies.
The initial study would have to be considered a second opinion
and could not be considered above reproach. Such a study would
cost about $10, 000 and would take about 3 months to complete.
For a more conclusive answer a second option appears to be
available. The State Department of Water Resources (DWR) is
preparing to begin work on a study of the water quality of the
Paso Robles groundwater basin. This work is being done at the
request of the Regional Water Quality Control Board. DWR is
receptive to the idea of expanding the scope of this study to
include groundwater yields and management strategies. The County
Flood Control District may also be willing to contribute funds to
expand the scope of this work.
Such a study would be helpful to the Water District, the City
of Atascadero, and a host of other agencies who rely on the Paso
Robles groundwater basin for water supplies. This type of study
• would provide definitive answers to the long-term water supply
questions.
The total cost would be $300,000-$500, 000. This cost would be
shared among participating agencies and take about 3-4 years to •
complete.
Options
The Council may direct staff to:
1. Cease further work on this matter and request the Water
District to provide answers to one or more of the issues
raised in this report.
2 . Hire a private consultant to conduct a limited
investigation on the long-term yield of the basin in the
vicinity of the Water District's well field.
3 . Encourage and/or participate in a large long-range water
quality and water supply study conducted by DWR.
4. Prepare a scope of work for a private consultant to study
one or more of the following issues:
a. Efficiency of the Atascadero Mutual Water
District's well field
b. Ability of the Water District to meet projected
water demands, both short and long-term, and
what effect this would have on capital improvement
needs and costs.
C. Condition of the water distribution system.
•
MEETING AGENDA
DATE 10/30/90 ITEMI C_2
•
MEMORANDUM
DATE: 10/3/90
TO: Ray Windsor, City Manager
FROM: Michael Hicks, Fire Chief
SUBJECT: Backyard burning restrictions ordinance
You will find attached a copy of a proposed ordinance establishing backyard
burning restrictions.
The ordinance contains the same backyard burning regulations that have
been in effect for the past 18 months.
At present we have limited authority available for enforcement of violators. (A)
We either have to wait for a representative to be dispatched to Atascadero
from the Air Pollution Control District (APCD) out of San Luis Obispo, or (B) get
• real creative with the Uniform Fire Code.
It is my recommendation that Council adopt a clear and concise local
ordinance that will give the Fire Department, Police Department, or Code
Enforcement Officer the opportunity to take immediate action against
violators.
This is only a draft at this time, I encourage feedback ASAP.
I would like to take this ordinance to Council by the first meeting in November.
Fiscal impact: I forsee no need fo this ordinance to have any significant fiscal
impact.
'Lj
4:-
MICHAEL HICKS r os l3
614
5
cc: Battalion Chiefs
Captains
•
•
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING BACKYARD BURNING RESTRICTIONS IN
SECTION OF THE ATASCADERO MUNICIPAL CODE
Section 1 . Pirnnse.
Controlled open burning of natural waste from shrubbery and trees
grown on property occupied by one or two family dwellings is
necessary within the City of Atascadero to reduce the amount of
available fuel which can burn during wildfires.
Burning in the city causes the emission of smoke, gas and other
components of combustion which under certain atmospheric and .
meteorological conditions contaminate and pollute the atmosphere
to an extent that is detrimental to the health, safety and welfare
of the inhabitants of the city, and that unless regulated in the
manner in this chapter provided, such emission of smoke, gas and
other air contaminants and pollutants will continue to interfere
with and endanger the comfort, health, welfare and safety of such
inhabitants of the city.
Section 2 . Burning limitations .
To reduce health hazards from the resultant smoke from controlled
burning, the following restrictions. shall apply:
a. Burning shall be limited to natural wastes from shrubbery and
trees grown on property occupied by one or two family dwellings .
Commercial occupancies and multi-family occupancies shall not be
allowed to conduct controlled burning operations at any time.
b . Material to be burned shall be free of household rubbish,
lumber, rubber, plastics, tar, paint, creosote, hydrocarbons or
any man-made waste . Shrubbery and tree prunings shall be dry and
reasonably free of dirt and surface moisture. A minimum of three
(3) weeks from the time of cutting will be required for drying.
Burning of grass, weeds or piled leaves shall not be allowed at
any time.
C. No burning will be allowed if measurable rain has fallen
within five (5) days .
d. Burning may take place only on permissive burn days as
established by the California Air Resources Board and the San Luis
Obispo County Air Pollution Control District . The City of
Atascadero Fire Department shall maintain a telephone line to
disseminate this information on a daily basis . No person shall
conduct a controlled open burning operation on a non-permissive
burn day. •
•
ORDINANCE NO.
Section 3 . Allowable conditions .
To reduce the hazard of wildfires or structure fires due to
escaped controlled burns, the following restrictions shall apply:
a. Piles of dry shrubbery and tree prunings shall be no larger
than four (4) feet high and six (6) feet in diameter. A maximum
of five (5) such piles may be burned at one time.
b Accelerants shall not be used to start fires in burn piles .
C. Burn piles shall be tended by a responsible adult at all times
and a functioning water hose shall be available at all times .
d. Burn piles shall be located a minimum of fifty (50) feet from
the property line of neighboring residences and a minimum of
thirty (30) feet from any structure, including wooden fences, on
the same property.
e. At least fifteen (15) feet of clearance to mineral soil shall
be provided between burn piles and any vegetation or other
combustible material, including but not limited to grass, weeds,
• trees, shrubs, and wood piles .
Section 4 . Orders of the Fire Chief.
Due to hazardous weather conditions or threat to public safety,
backyard controlled open burning may be cancelled or regulations
may be temporarily revised at any time by the Fire Chief or his
authorized representative. Failure to follow the lawful orders is
a violation of this section.
Section 5 . Violation - penalty.
Any person who violates any provision of this chapter or fails to
comply therewith, or violates or fails to comply with any order or
regulation made thereunder, shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not to exceed
one thousand dollars ($1000) or by imprisonment in the county jail
for a period not to exceed six months or by both such fine and
imprisonment . Each separate day, or any portion thereof, during
which any violation of this chapter occurs or continues shall
constitute a separate offense and upon conviction thereof, shall
be punishable as herein provided.
Section 6 . Effective date.
This ordinance shall go into effect and be in full force and
operation from and after thirty (30) days after its final passage
and adoption.
•
•
ORDINANCE NO.
Sention 7 . Publication.
This ordinance shall be published in full one (1) time in the
Atascadero News at least three (3) days prior to its final
adoption.
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
ATTEST:
LEE DAYKA, City Clerk
Approved as to form:
ARTHER R. MONTANDON, City Attorney
Prepared by:
MICHAEL HICKS, Fire Chief
•
REPORT TO CITY COUNCIL AGENDA ITEM: C-3
CITY OF ATASCADERO
THROUGH: Ray Windsor, City Manager MEETING DATE: 10/30/90
FROM: Andrew J. Takata, Director
Department of Parks, Recreation and Zoo
SUBJECT:
BID NUMBER 90-11 - LANDSCAPE MAINTENANCE CONTRACT FOR CITY
PARR PROPERTIES - 3 YEAR CONTRACT
RECOMMENDATION:
Staff recommends City Council award Bid Number 90-11, in the amount
of $2,700 monthly for a three year contract to:
BANNER LANDSCAPE
P.O. BOX 12002
SAN LUIS OBISPO, CA. 93406
• DISCIISSION:
Banner Landscape was the lowest bid of eight (8) bids received.
Staff has reviewed the background and qualifications of Banner
Landscape, and has found them to be excellent. Banner Equipment
does have equipment to meet the needs of the bid specifications.
Banner Landscaping does have a Landscape Contractor's License.
The second lowest bid received was by Frank Grim Mowing Service at
$2 , 755. 02 per month. It is noted that Frank Grim maintained the
Grounds Maintenance Contract for the City from 1988 to 1990. It is
also noted that Mr. Grim's equipment had some problems during the
his previous contract. Mr. Grim has indicated that he is willing
to upgrade his equipment if he were to receive the bid.
FISCAL IMPACT:
Funds sufficient to fund this contract have been allocated for
fiscal year 1990/91.
AJT:kv
;bidland
• I
BID SUMMARY •
TO: Andy Takata, Director
Department of Parks , Recreation & Zoo
FROM: Lee Dayka
City Clerk
BID NO. 90-11
OPENED 9/27/90 10:00 A.M.
PROJECT: Landscape Maintenance for City Parks & Properties
The following bids were received and opened as follows :
Name of Contractor 3—Year Cost Yearly Cost Monthly w/discou
Banner Landscape $97 , 200 .00 $32,400.00 $2,700 . 0D None
P. O. Box 12002
San Luis Obispo , CA 93406
Frank Grim Mowing Service 99 , 900 .00 33, 300.00 2, 775 . 00 $2 , 755.0
P .O . Box 482 ( less .72
Templeton, CA 93465
Gilbert ' s Landscapes 123 , 300 . 00 41 , 10 .00 3 ,425. 00 Non
11345 Atascadero Avenue
Atascadero , CA 93422
Circle D Lands . Maint . 129 ,250. 00 42, 750 . 00 3 , 562 .50 3, 509 .06
3765 Ardilla Road ( less i
Atascadero , CA 93422
Paradise Environments 195, 540. 30 65 , i80. 15, 43None
P .O. Box 678
Arroyo Grande , CA 93421
NCI Affil .ates 200 . 529 .61+ 66 842 . 38 ---��— 5— L02 --
2125 Golden Hill Road
Paso Robles , CA 93446
Oak Crest Landscape Co . 269 , 250 .00 89 , 750 . 00 -7 ?9 . i7 done
3020 Coromar
Atascadero , CA 93422
Unique Landscape 2^0 , o0C) . .0 9('' a )00
3341 W. Sussex less
Fresno , CA 93722
Attachments : Eight Bids •
c : Finance
•
City of atascadero
Purchasing Agent
0500 Palma Avenue
Atascadero , CA 93422
NOTICE OF HID AWARD
I_sue Date
Bid No .
Resolu-ion No .
You are hereby notified that the commodities andior services
listed have been awarded to you subject to the terms and
conditions of the bid number shown and to the General Conditions
of this Notice of Bid Award :
V
E
N
D
0
R
T E,M OUTAN T I TY UNIT DESCRIPTION PRICE
Purchasing Department
Bv•
Vendor ' s Reeresentat '.ve
•
��..one
CITY OF ATASCADERO
Request for Bid #90-11
Page 11 of 11
BID FORM
DESCRIPTION COSTS
Landscape Maintenance for City Parks and Various City Properties,
work done in accordance with specifications contained in bid #90-11.
Includes all areas and all work as outlined.
(Contractor is licensed as a California contractor (C-27) & Pest Control
Advisor. )
BID PRICE: (Yearly Co:--,t: $32,400.00) 3 Year, Total Coots $q-7,200.00
To the CITY PURCHASING AGENT..
In compliance with the ab :)ve invit:ation for bid , and subject to .
all the conditions thereof, the uncersigned offers , and agrees,
if this bid be accepted within 60 days from the date of the
opening , to furnish services upon which prices are quoted .
Discount of 0 % will be allowed for payment within 30 days
from date of delivery of statement .
Bidder Banner Landscape Company
IMPORTANT INSTRUCTIONS TO BIDDER ) - -�-
Bids must be sealed and By c 1 �'' ��✓% •I
addressed to : ( authoriz signature)
CITY OF ATASCADERO
City Clerk Title Owner,
6500 Palma Avenue Address P.0. Box
Atascadero , CA 93422 San Luis Obispo, CA 93406
Mark Envelope "Bid No .9O-11 " , 9/27/90 , 10:00 a .m.
ACCEPTED CITY OF ATASCADERO
Date Order No . By
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 11 of 11
BID FORM
DESCRIPTION COSTS
Landscape Maintenance for City Parks and Various City Properties
as specified in bid package #90-11 , pages 1-11 (9-27-90) , for a
period of three years .
Ninety-nine thousand nine hundred dollars
Total Costs 99 , 900
To the CITY PURCHASING AGENT:
• In compliance with the above invitation for bid , and subject to
all the conditions thereof, the undersigned offers, and agrees,
if this bid be accepted within 60 days from the date of the
opening , to furnish services upon which prices are quoted .
Discount of • 72 % will be allowed for payment within 30 days
from date of delivery of statement .
Bi dd t rim win Service
IMPORTANT INSTRUCTIONS TO BIDDER /
Bids must be sealed and By
addressed to : (authorized signature)
CITY OF ATASCADERO
City Clerk Title Owner/Operator
6500 Palma Avenue Address P. O. Box 482
Atascadero , CA 93422 TPm le nn, CA 93465
Mark Envelope "Bid No .90-1111 , 9/27/90 , 10:00 a.m.
ACCEPTED CITY OF ATASCADERO
Date Order No . By
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 11 of 11
BID FORM
DESCRIPTION COSTS
Z5 4as.06
1�� ( R,.,A,o..� �� p� y�. �4 x, 100
P���.
Total Costs
To the CITY PURCHASING AGENT:
In compliance with the above invitation for bid , and subject to
all the conditions thereof, the undersigned offers, and agrees, •
if this bid be accepted within 60 days from the date of the
opening , to furnervices upon which prices are quoted .
Discount of N % will be allowed for payment within 30 days
from date of delivery of statement .
Bidde I �%
IMPORTANT INSTRUCTIONS TO BIDDER
Bids must be sealed and By
addressed to : authorized signature)
CITY OF ATASCADERO
City Clerk Title 0 W K�a
6500 Palma Avenue Address tIS45 a TAgC+'-qr-t p -
Atascadero , CA 93422 U, q3+12-
Mark Envelope "Bid No .90-1111 , 9/27/90, 10:00 a.m.
ACCEPTED CITY OF ATASCADERO
Date Order No . By
C-Z? # 4569 X25. �P. yip-az
Da+� (��to L-5 73-14 6:5t. •
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 11 of 11
HID FORM
DESCRIPTION COSTS
Perform mowing, watering, & edging,
as described in request for bid
package #90-11 .
Locations of sites of work as outlined
on Page 2 of 11 Items 1-9
Annual Cost $ 42,750.00
( 3 Year)Total Costs $128, 250. 00
To the CITY PURCHASING AGENT:
• In compliance with the above invitation for bid , and subject to
all the conditions thereof, the undersigned offers, and agrees ,
if this bid be accepted within 60 days from the date of the
opening , to furnish services upon which prices are quoted .
Discount of 1 .5 X. will be allowed for payment within 30 days
from date of delivery of statement . Circle D Landscape Maint.
Bidder
IMPORTANT INSTRUCTIONS TO BIDDER
Bids must be sealed and By1-+ -
addressed
to : Tauthorizey/ signature)
CITY OF ATASCADERO
City Clerk Title Owner
6500 Palma Avenue Address 3765 Ardilla
Atascadero , CA 93422 A asc'ad o, CA 93422
Mark Envelope "Bid No .90-11 " , 9/27/90 , 10 :00 a .m.
ACCEPTED CITY OF ATASCADERO
Date Order No . By
•
r
t ,
CITY OF A :'ASCADERO
Request for Bid #90-11
Page 11 of 11
BID FORM
DESCRIPTION
CO
R!V, Mo il+wl far
may'a\ I S - Oc-rolx r _ �-1 \�. LA (v
Total Cost_ s ( 540110
To the CITY PURCHASING AGENT: PeY TG Y
In compliance with the above invitation for bid , and subject to
all the conditions thereof, the undersigned offers , and agrees,
if this bid t'e accepted within 60 days from the date of the
opening , to furnish services upon which prices are quoted .
Discount of % will be allowed for payment within 30 days
from date of delivery of statement .
IL`iPORTANT I NSTRUCT I ONS TO BIDDER Bidder !Pay-06-15C
Bids must be sealed and 5'r Licr �f8oq G
By
addressed to : ( authorized signature)
CITY OF ATASCADERO
City Clerk Title CyLVlCr
6500 Palma Avenue Address .0 x
Ataseadero , CA 93422 _p,1(fi)-40 F��C�v�r' Ce4 �73•iZ\
Mark Envelope "Bid No .90-11 " , 9/27/90, 10:00 a .m.
ACCEPTED CITY OF ATASCADERO
Date Order No . By
•
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 11 of 11
BID FORM
DESCRIPTION COSTS
Total Cost: $200,528.64
To the CITY PURCHASING AGENT:
• In compliance with the above invitation for bid , and subject to
all the conditions thereof, the undersigned offers , and agrees,
if this bid be accepted within 60 days from the date of the
opening , to furnish services upon which prices are quoted .
Discount of 3 % will be alIowe r paymentw' in 30 days
from date of delivery of statement .
idd a NCI Affil ' to , Inc.
IMPORTANT INSTRUCTIONS TO BIDDER
Bids must be sealed and
addressed to : ( a ized signa ure
CITY OF ATASCADERO
City Clerk Title Al Spang
6500 Palma Avenue Address 2i2b Goi0en Hiii Rd.
Atascadero , CA 93422 Paso Robles Ca.
Mark Envelope "Bid No .90-1111 , 9/27/90 , 10:00 a.m.
ACCEPTED CITY OF ATASCADERO
Date Order No . By
•
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 11 of 11
BID FORM
DESCRIPTION COSTS
36
Ls
Total Cost j 75U
To the CITY PURCHASING AGENT:
In compliance with the above invitation for bid , and subject to
all the conditions thereof, the undersigned offers, and agrees, •
if this bid be accepted within 60 days from the date of the
opening , to furnis services upon which prices are quoted .
Discount of % will be allowed for payment within 30 days
from date of delivery of statement .
Bidder y�/
ow
S�
IMPORTANT INSTRUCTIONS TO BIDDER
Bids must be sealed and By
addressed to :
CITY OF ATASCADERO ( author zed si nature)
City Clerk T i t l �- �Jlv SP ��-►- d LU
6500 Palma Avenue Address O #
Atascadero , CA 93422
Mark Envelope "Bid No .90-11 " , 9/27/90 , 10:00 a.m.
ACCEPTED CITY OF ATASCADERO
Date Order No . By
t
i
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 11 of 11
HID FORM
DESCRIPTION COSTS
Jl"<-INKEI.i �riARDc/li5 ��-�x K
/3T14 3Cr DEPe, iPKt ���N, s� rf7�,iTi LRS
r1).JtR� FiE�t,�
GCS
Total Costs �%cv
To the CITY PURCHASING AGENT:
In compliance with the above invitation for bid , and subject to
• all the conditions thereof, the undersigned offers, and agrees,
if this bid be accepted within 60 days from the date of the
opening , to furnish services upon which prices are quoted .
Discount of �'l % will be allowed for payment within 30 days
from date of delivery of statement .
IMPORTANT INSTRUCTIONS TO BIDDER Hidden UIJtQuE i.AliD6GAP5
Bids must be sealed and By cam. ,� v �(•�
addressed to : ( authorized signature)
CITY OF ATASCADERO
City Clerk Title CDc..kJF P,
6500 Palma Avenue Address c.J , �ic�s�EX
Atascadero , CA 93422 R2ES"Q_. Cf9. c?3 7;2 2
Mark Envelope "Bid No .90-1111 , 9/27/90, 10:00 a.m.
ACCEPTED CITY OF ATASCADERO
Date Order No . By
i
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 2 of 11
I . INTRODUCTION
The City of Atascadero is seeking sealed bids for the
purpose of furnishing landscape maintenance for various City
maintained properties as specified in this package.
Contractor shall provide grounds maintenance services for
the Administration building grounds, Sunken Gardens, Atascadero
Lake Park , Alvord Field at Atascadero Lake Park , Atascadero Mall-
Median strip , Paloma Creek Park , Fire Stations No . 1 and No .2,
and Traffic Way Park .
II . PROJECT DESCRIPTION
The lawn areas to be maintained are located as follows: •
1 . Sunken Gardens Park
2. Administration Building
3. Atascadero Lake Park and frontage
4. Alvord Field - Atascadero Lake Park
5. Atascadero Mali - Median Strip
b. Paloma Creek Park
7. Fire Station No . 1
S. Fire Station No . 2
9. Traffic Way Park
The following items of work shall be performed :
1 . Lawn Mowing: Lawns shall be mowed to an appropriate
height , 1-1/4" to 1-1/2" (except Paloma Creek Park , Alvord Field ,
and Traffic Way Park , where lawns shall be mowed at 2" ) , and
edged to maintain a healthy and neat condition. Lawns shall be
mowed no less often than once per week between March 15 - October
21 and no less than once every two weeks between November 1 -
March 14. If necessary, the lawns may need additional mowing
during the winter season, which will be determined on an as
needed basis. All lawn areas are to be free of trash and litter
prior to the lawns being mowed . However , it shall be the
responsibility of the contractor to pick up litter , if needed ,
prior to mowing . Grass clippings shall be picked up 'at Sunken •
Gardens Park and Administration Building .
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 3 of 11
II . PROJECT DESCRIPTION - (continued )
2. Ball Fields: Shall be mowed to a height of 2" to maintain a
healthy, neat condition but no less than two (2) times per week
from March 1 - October 1 and no less than once every two (2)
weeks between November 1 - March 1 . Clippings shall not be
caught and removed unless they are unsightly, or are lying in
swaths which might damage the lawn. In the event excessive
amounts of clippings on the lawn (as determined by park staff) ,
the contractor shall pick up all clippings.
3. Fire Stations: Grass clippings shall be caught and removed
at both Fire Station No . 1 and No . 2. The contractor shall be
responsible for picking up litter , as needed , on lawn areas prior
• to mowing .
4. Watering: Lawns shall be watered at such frequency as
weather conditions require, to replenish soil moisture below the
root zone. Application shall be accomplished between 9 p .m. and
7 a.m. , with a maximum of no more than 3 hours per setting .
Sprinklers shall NOT be left on one setting overnight . Watering
at Paloma Creek Park , Traffic Way Park and Alvord Field is not
part of the bid process. Prior to March 15 watering shall be
done as needed, and determination made by Parks staff.
Irrigation will be by placing quick set sprinklers in the Sunken
Gardens, Atascadero Lake Park , including the A.A.R.P. facility,
and Median (median is manual system, not quick-set) . Automatic
irrigation to be installed in the Sunken Gardens Park by 1991 .
The contractor will provide security for the irrigation equipment
during periods of lawn watering .
Irrigation will be accomplished in two (2) settings per week , at
intervals to provide the most satisfactory moisture level .
Normally, a total of one and one-half inches ( 1-1/2" ) of water
are needed weekly in hot weather , but not all at one time. Water
run-off across pavements and into gutters will be avoided .
CITY OF ATASCADERO
Request for Bid #90-11
Page 4 of it
III . TERM OF PERFORMANCE
The term of this bid will be for three (3) years from the
date of execution of this contract .
IV. GENERAL CONDITIONS
Bidder agrees to perform the above described work in
compliance with the specifications and following general
conditions:
1 . The Contractor shall furnish all supervision, labor , and
equipment necessary to perform the work for maintenance
of the facilities as defined under these specifications.
2. The Contractor shall have a City Business License, to be
kept current during the term of this agreement .
3. Contractor shall use department approved reel or rotary •
mowers.
4 . Payments shall be made to the Contractor on a monthly basis
within 15 days after the close of the month .
5. All water will be supplied by the City through the existing
water meters at no cost to the Contractor ; however , the
contractor is expected to eliminate any wastage from over
watering .
6. Weed eating as necessary is included as part of this
contract .
When the contractor is notified of a performance deficiency as
per the specifications and the deficiency is not corrected ;. thin
48 hours the City will take care of the problem and all costs in
connection therewith will be withheld from the Contractor ' s
monthly payment . In the event the contract does not meet the
terms of the contract , the City of Atascadero may, after giving
written notification of deficiencies and they are not corrected ,
terminate the contract for non-compliance with contract terms.
•
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 5 of 11
V. O N
CO RDI ATION:
In the performance of contractor ' s services under this
Agreement , Contractor agrees that he will maintain such
coordination with City officials as may be requested and
desirable, including primary coordination with the Project
Coordinator , herein designated as the Park Supervisor , and also
with the following City officials: Parks and Recreation
Director .
VI. CONTRACTOR'S SERVICES:
Insofar as they may be applicable to the project
contemplated by this Agreement , Contractor shall render the
services and furnish the work tasks as described in this
agreement , commencing with receipt of a Written Notice to Proceed
signed by the Parks, Recreation, and Zoo Department Director .
•
VII . PAYMENT FOR EXTRA WORK OR CHARGES:
Any claim for payment for extra work or changes will be paid
by City only upon authorization by the Parks, Recreation, and Zoo
Department Director . Claims for such extra work must be
submitted by Contractor within thirty (30) days of completion of
such work and must be accompanied by a statement of itemized
costs covering said work .
VIII . TERMINATION OF AGREEMENT
Either party shall have the right to terminate this
agreement upon giving thirty (30) days written notice of such
termination to the other party . In the event of the termination
of this contract in its entirety, notwithstanding any other fee
provisions of this agreement , based upon work accomplished by
Contractor prior to notice of such termination , City shall
determine the amount of fee to be paid to Contractor for his
services based upon the provisions of this agreement , and such
findings of City shall be final and conclusive as to the amount
of such fee.
•
CITY OF ATASCADERO
Request for Bid #90-11
Page b of 11
IX. COVENANT AGAINST CONTINGENT FEES:
Contractor warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely
for him, to solicit or secure this Agreement , and that he has not
paid or agreed to pay any company or person, other than a bona
fide employee working solely for him, any fee, commission,
percentage, brokerage fee, gift , or any other consideration
contingent on or resulting from the award or making of this
Agreement . For breach or violation of this warranty, City shall
have the right to annul this Agreement without liability or , in
its discretion, to deduct from the contract price - or
consideration or otherwise recover , the full amount of such fee,
commission, percentage fee, gift , or contingency.
X. CONTRACT PERSONNEL:
The work to be done pursuant to this Agreement shall be done
by contractor , and personnel in the employ or under the
supervision of Contractor , who shall be approved by the City.
City reserves the right to reject any of contractor ' s personnel ,
and City reserves the right to request that acceptable
replacement personnel be assigned to the project .
XI . INDEMNITY CLAUSE:
Contractor shall defend , indemnify, and save harmless the
City of Atascdero , its officers, agents and employees, from any
and all claims, demands, damages, costs, expenses, and
liabilities arising out of this Agreement or occasioned by the
negligent performance or attempted negligent performance of the
provisions hereof, including , but not limited to , any negligent
act or omission to act on the part of Contractor or his agents or
employees or independent contractors directly responsible to him,
except that the above shall not apply to the sole negligence or
willful misconduct of City or City ' s agents , servants, or
independent contractors who are directly responsible to City .
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 7 of 11
XII . INSURANCE:
Contractor shall also maintain in full force and effect for
the duration of this Agreement , automobile insurance and public
liability insurance with an insurance carrier satisfactory to
City, which insurance shall include protection against claims
arising from personal injury, including death resulting
therefrom, and damage to property resulting from any actual
occurrence arising out of the performance of this agreement . The
amounts of insurance shall be not less than the following :
Single limit coverage applying to bodily and peronnel
injury , including death resulting therefrom, and property damage
or a combination therof in an amount not less than $500,000.
The following endorsements must be attached to the policy or
• policies:
( 1 ) If the insurance policy covers on an "accident" -basis,
it must be changed to "occurrence" .
(2) The policy must cover personal injury as well as bodily
injury.
( 3) Broad form property damage liability must be afforded .
(4) The City of Atascadero , it officers, employees, and
agents, shall be named as insured under the policy ,
and the policy shall stipulate that the insurance will
operate as primary insurance and that no other
insurance effect by City will be called upon to
contribute to a loss hereunder .
(5) The policy shall contain contractual liability , either
on a blanket basis or by identifying this Agreement
within a contractual liability endorsement .
(b) City shall be given thirty (30) days notice prior to
cancellation or reduction in coverage of the insurance.
In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall be insured against liability for
• workers compensation or undertake self-insurance. Contractor
agrees to company with such provisions before commencing
performance of any work under this Agreement .
CITY OF ATASCADERO
Request for Bid #90-11
Page 8 of it
XII . INSURANCE - (continued )
Contractor shall provide certificates of insurance to City
prior to commencement of work . Certificates of insurance are
necessary before a Notice to Proceed will be issued , and shall
state that the policy shall not be cancelled or reduced in
coverage without thirty (30) days written notice to City.
Approval of insurance by City shall not relieve or decrease the
extent to which Contractor may be held responsible for payment of
damages resulting from services or operations performed pursuant
to this contract. Contractor shall not perform any work under
this contract until he has obtained the required insurance and
until the required insurance certificates have been submitted to
the City. If Contractor fails or refuses to procure or maintain
the insurance required by these provisions, or fails or refuses
to furnish City required proof that insurance has been procured
and is in force and paid for , City shall have the right , at its
discretion, to forthwith terminate this contract .
XIII . STATUS
Contractor shall , during the entire term of this contract ,
be construed to be an independent contractor , and in no event
shall any of his personnel or subcontractors be construed to be
employees of City.
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 9 of 11
XIV. SUBMISSION OF BIDS
Bids must be in writing and must include, as a minimum, the
proposed Vendor Response/Pricing section at the end of this
Request for Bid . All pages of this Request for Bid package must
be returned suitably filled out , together with any necessary
explanatory material .
Bids must be submitted no later than 10:00 a .m. , Thursday,
September 27th , 1990.
Envelopes must clearly be marked with the title of the
Request for Bid , due date, and time.
FACSIMILE BIDS WILL NOT BE ACCEPTED !
• Please prepare three (3) copies of the bid package and
submit to :
City Clerk
c/o City of Atascadero
6500 Palma Avenue
Atascadero , CA 93422
Bid No .90-11 , 9/27/90, 10:00 a.m.
All information requested of bidders must be entered in the
appropriate space on the Request for Bid documents. Failure to
do so may disqualify a bid .
All information should be entered in ink , or typewritten.
Corrections shall be initialed in ink by the person signing the
bid .
Any questions regarding the specifications, bid procedures,
etc . , or for additional copies of bid packages, please contact
Sill White at (805) 461-5085.
Any bid received after the stated bid deadline cannot be
considered . Any late bid will be returned unopended to the
vendor .
The City reserves the right to :
• 1 . Reject any or all bids, and to waive any minor
irregularity in any bid .
2. Determine which is the best bid .
•
CITY OF ATASCADERO
Request for Bid #90-11
Page 10 of 11
XIV. SUBMISSION OF BIDS - (continued)
The pricing as stated on this Request for Bid shall be
complete, including all costs necessary to render services as
stated in specifications section of this bid .
Bid must be held firm for at least sixty (60) days after
closing date to allow for City evaluation of bids.
Award will be made to the bidder whose bid is most
advantageous to the City.
•
•
•
REPORT TO CITY COUNCIL AGENDA ITEM: C-4
CITY OF ATASCADERO
THROUGH: Ray Windsor, City Manager MEETING DATE: 10/30/90
FROM: Andrew J. Takata, Director
Department of Parks, Recreation and Zoo
SUBJECT:
ELEVATOR CONTRACT RENEWAL
RECOMMENDATION:
Staff recommends Council award the proposed five_ year monthly
service contract, including liability insurance for $250 per month
to:
TRI-COUNTY ELEVATOR COMPANY
350 SOUTH KELLOGG AVENUE
GOLETA, CALIFORNIA 934117
BACKGROUND:
Over the past three years, Tri-County Elevator has been servicing
the elevator in the Administration Building for $56.44 per month.
The company felt they had bid only for lube and oil (not including
liability insurance) . They approached the City regarding their
misquote, but agreed to uphold their original contract proposal at
$56. 44 per month.
The above information has been confirmed by City staff.
DISCUSSION/ANALYSIS:
Tri-County Elevator is proposing renewal of their contract,
beginning November 1, 1990, at a revised monthly maintenance rate
of $259 per month, which includes liability insurance coverage.
The City may opt for only a monthly lube and oil service to the
elevator for $69 per month.
is
After reviewing the possible high liability exposure related to the
elevator, staff recommends obtaining the maintenance service,
It is noted that Tri-County Elevator is felt to be a sole-source •
vendor due to the travel time related to the location of other
elevator companies.
Staff is also communicating with Tri-County Elevator regarding the
feasibility of upgrading the existing elevator, per Council's
previous direction.
AJT:kv
;elev
Attachment - Proposed Contract
•
•
HOME OFFIC :
TRI-COUNTY ELEVATOR CO., INC. Sana Barbara,Calf.
(805)967-0131
• 350 SOUTH KELLOGG AVENUE GOLETA,CALIFORNIA 93117 BRANCHES:
S.B.FAX:(805)967-8195 • S.J.FAX:(408)727-0855 ® San Fernando Valley
(818) 780-0573
Thousand Oaks,Calif.
(805) 496-1675
San Luis Obispo,Calif.
FULL MAINTENANCE CONTRACT (805) 541-3924
Bakersfield,Calif.
(805) 323-6402
SAN JOSE OFFICE:
TO (408) 559-3365
Public Works Department, Room 204 BRANCHES:
Administration Building Monterey,Calif.
6500 Palma Avenue (408)649-5035
Atascadero, CA 93422 June 7, 1990 Sali424-0768
1408) 424-0768
Attn: Andy Takata San Mateo,Calif.
(41 5) 591-7701
We propose to furnish FULL MAINTENANCE ELEVATOR SERVICE on the following
described elevator in your building located at SAME AS ABOVE
One (1 ) Three—Stop Electric Passenger Elevator
• Under this contract we will maintain the entire elevator equipment as hereinafter des-
cribed, on the terms and conditions subsequently set forth. We will use trained
• men directly employed and supervised by us. They will be qualified to keep
your equipment properly adjusted, and they will use all reasonable care to main-
tain the elevator in proper and safe operating condition.
• We will regularly and systematically examine, adjust, lubricate as required, and, if con-
ditions warrant, repair or replace:
Machine Brake shoes
Motor Brushes
Generator Windings
All controller parts Commutators
Worms Rotating Elements
Gears Contacts
Thrusts Coils
Bearings Resistance tubes
Brake magnet coils Door motor circuits
Brake motors Magnet frames
We also agree:
• To renew guide shoe gibs or guide rollers when in our judgement this is necessary to
insure smooth and quiet operation and, except where roller guides are used,
to keep the guide rails properly lubricated.
• To renew all wire ropes as often as in our judgement is necessary to maintain an adequate
• factor of safety; to equalize the tension on all hoisting ropes, repair or replace
conductor cables.
• To examine periodically all safety devices and governors.
• To furnish the proper lubricants.
FORM 113-2
• Maintain all accessory equipment except such items as are hereinafter excluded.
• We will also examine, lubricate, adjust, repair and/or replace the following accessory
equipment: ALL
• It is agreed that we are not required to make renewals or repairs necessitated by reason of
negligence or misuse of the equipment or by reason of any other cause beyond
our control except ordinary wear and tear. We shall not be required to make
safety tests nor to install new attachments on the elevator as recommended or
directed by insurance companies or by government, state, municipal, or other
authorities.
•The following items of elevator equipment are not included in this contract:
Refinishing, repairing or replacement of car enclosure, hoistway enclosure
hoistway door panels, frames and sills, car flooring, light bulbs, fluorescent
tubes, under ground piping and casing, hydraulic piston, emergency light
units, batteries, time clocks and smoke sensors.
• All work is to be performed during our regular working hours of our regular working days •
unless otherwise specified below. If for any reason you later request that
examinations, adjustments or repairs be made on overtime, you are to pay us for
the entire time spent at our prevailing overtime rates.
THIS CONTRACT INCLUDES MONTHLY MAINTENANCE ON ALL EQUIPMENT, PLUS
EMERGENCY CALL—BACK SERVICE DURING OUR NORMAL WORKING HOURS, WHICH
ARE — 8 :00 A.M. — 4 :30 P.M. , MONDAY THROUGH FRIDAY.
• It is agreed that we assume no liability for injuries or damages to persons or property except
those directly due to our acts or omissions; and that your responsibility for
injuries or damage to persons or property while on or about the elevators referred
to is in no way affected by this agreement. We shall not be liable for any loss,
damage or delay caused by strikes, lockouts, fires, explosion, theft, floods, riot,
civil commotion, war, malicious mischief,act of God,or by any cause beyond our
reasonable control, and in any event we shall not be liable for consequential
damages. •
• In the event that some controller parts are not readily available, and in order not to
cause any unnecessary down time to your elevator, Tri-County Elevator
Company Inc., reserves the right to change your controller to a relay logic
controller at no additional cost to our customer.
INSURANCE COVERAGE
• Tri-County Elevator Company, Inc. is insured at all locations where it undertakes business
operations for the types of insurance and limits of liability as follows:
A. Workmen's Compensation and Employer's Liability—Equal to or in excess of limits of
Workmen's Compensation laws in the state of California.
B. Comprehensive General Liability
1. Bodily Injury Liability—All sums which the Company shall become legally obligated
to pay as damages because of bodily injury, sickness or disease, including death at
any time resulting therefrom, sustained by any person other than its employees and
caused by accident, up to $1,000,000 for any one accident.
2. Property Damage Liability—All sums which the Company shall become legally obli-
gated to pay as damages because of injury to or destruction of property, including
the loss of use thereof, caused by accident up to $1,000,000 for each accident.
C. Comprehensive Automobile Liability
1. Bodily Injury Liability—All sums which the Company shall become legally obligated
to pay as damages because of bodily injury, sickness or disease, including death at
any time resulting therefrom, sustained by any person other than its employees,
caused by accident and arising out of the ownership, maintenance or use of any
automobile, up to $1,000,000 each accident.
2. Property Damage Liability—All sums which the Company shall become legally obli-
gated to pay as damages because of injury to or destruction of property, including
the loss of use thereof, caused by accident and arising out of the ownership, main-
tenance or use of any automobile, $1,000,000 each accident.
The cost of the above, our standard insurance coverage, is included in this quotation or
contract. If additional types of coverage or higher limits of liability are desired, they will
be provided at additional cost.
GOVERNOR AND SAFETY TEST
• A governor and safety test will be made by the Tri-County Elevator Company, Inc. at
their expense, on each elevator covered by this contract.
The Tri-County Elevator Company, Inc. assumes no responsibility for the operation
of the governor or safety, under the terms of this contract, until this test has been made.
In the event the governor or safety does not meet the safety requirements, it shall be the
• owners responsibility to make the necessary repairs to place said equipment in condition
which will be acceptable for coverage under the terms of this contract.
The Tri-County Elevator Company, Inc. shall not be liable for damage to equipment re-
sulting from this test.
• The Service specified herein will be effective on November 1 , 1990
And will continue thereafter until terminated. Either party may terminate this agreement
at the end of the Fifth year or at the end of any subsequent Five year period by giving the
other party at least ninety (90) days prior written notice.
PRICE TWO HUNDRED FIFTY NINE DOLLARS EXACTLY
($ 259 .00 ) DOLLARS per month, payable monthly.
• The price set forth in this contract shall be subject to adjustment,depending on the cost of
labor. Each such adjustment shall be made as follows:
Contract price shall be increased or decreased by the percentage of increase or decrease
in the straight time hourly rate paid to elevators constructors. This increase or decrease
would take place at the end of each year this agreement is in force.
• If it should become necessary for the elevator contractor to take legal action to collect
any past due payments under this contract, the undersigned purchaser agrees to pay_an
additional amount covering collections costs and attorney fees. Interest will be charged
at the full legal rate on all past due accounts. We reserve the right to discontinue work
upon default of the contract terms.
• This proposal when accepted by you below and approved by our authorized representative,
shall constitute the contract between us, and all prior representations or agreements not
incorporated herein are superseded.
TRI-COUNTY ELEVATOR COMPANY, INC.
BY f --
ACCEPTED IN DUPLICATE Earl H. Schmidt
Vice President Sales
By Title •
Approved for Tri-County Elevator Company, Inc.
Authorized Representative
Form 118