Loading...
HomeMy WebLinkAboutAgenda Packet 06/13/1989 GEORGIA RAMIREZ DEPUTY CITY CLERK A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 5500 PALMA FOURTH FLOOR, ROTUNDA ROOM JUNE 13, 1989 7 :00 P.M. 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 COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items . To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council , as a whole, and not to any individual member thereof . * No person shall be permitted to make slanderous, profane or personal remarks against any Council Member, commissions & staff. • Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 : 00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. MAY 23, 1989 CITY COUNCIL MINUTES 2. MAY 30, 1989 SPECIAL COUNCIL MEETING MINUTES 3 . AUTHORIZATION FOR JUNE 17, 1989, POLICE DEPARTMENT AUCTION OF UNCLAIMED PROPERTY 4. RESOLUTION NO. 41-89 —ANNEXATION OF LOT 6, BLOCK FA, DUL- ZURA AVE. INTO SEWER MAINTENANCE DISTRICT NO. 1 (Nicholas) 5. ADOPTION OF ANNUAL ASSESSMENT CHARGES FOR STREET MAINTENANCE DISTRICTS: A. Resolution No. 33-89 (Dist. 83-1 , Lobos Ln. ) B. Resolution No. 34-89 (Dist. 83-2, Sonora/Pinal) C. Resolution No. 35-89 (Dist. 83-3, Malaza Ave. ) D. Resolution No. 36-89 (Dist. 84-1, San Fernando) E. Resolution No. 37-89 (Dist. 86-1, Falda Ave. ) F. Resolution No. 38-89 (Dist. 86-2 , Pinal/Escarpa Aves . ) G. Resolution No. 39-89 (Dist. 86-3, Aguila Ave. ) H. Resolution No. 40-89 (Dist. 86-4, Cayucos Ave. ) B. HEARINGS/APPEARANCES : 1. APPEAL OF GRADING PERMIT INVESTIGATION FEE - TENTATIVE TRACT MAP NO. 37-87, 8430 SANTA ROSA ROAD (Messer) (Cont' d from 5/23/89) 2. APPEAL BY HARKNESS/SINGER OF PLANNING COMMISSION'S DENIAL OF VARIANCE REQUEST, 5405 BAJADA AVE. 3 . RESOLUTION NO. 27-89 - CENTURY PLAZA SEWER EASEMENT ABANDON- MENT *** BREAK *** • 2 C. REGULAR BUSINESS: 1. REQUEST FOR CHANGE TO THE ZONING ORDINANCE TEXT TO ADD "CLASSIC AUTO DEALERS & MUSEUMS" AS A PERMITTED FREEWAY SIGN (American Classics) (Cont'd from 5/23/89 ) 2. ZONE CHANGE 17-88 - Danish Care Center (Cont' d from 4/25/89 & 5/23/89 ) A. Ordinance No. 194 - Amending the official Zoning Ordi- nance text regarding maximum population density allowed for group quarters (ZC 17-88 : Danish Care Center) (2ND READING: Recommend ( 1) motion for adoption of Ord. No. 194 - Roll call) 3. CONSIDERATION OF PLANNING COMMISSION'S RECOMMENDATION RE: GENERAL PLAN CYCLE 2-89 4. ESTABLISHMENT OF CHARLES PADDOCK ZOO ENTRANCE FEES FOR SEVEN DAYS PER WEEK DURING SUMMER MONTHS 5. ESTABLISH HEARING DATES FOR BUDGET REVIEW 6. RECYCLING COMMITTEE SELECTION 7 . SAN GABRIEL SCHOOL TRAFFIC MEETING REPORT (Verbal)/ 8. CITY'S TEN-YEAR ANNIVERSARY (Verbal) D. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . City Council : A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (See 5/24 Minutes in agenda packet) 2 . North Coastal Transit (Nothing to report) 3 . S.L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee (Nothing to report) 5 . Solid/Hazardous Waste Mgmt. Committee (See report in agenda packet) 6 . Economic Opportunity Commission (Nothing to re- port) • 7 . Finance Committee (Nothing to report) 8 . B.I .A. (Nothing to report) 9 . Downtown Steering Committee (Nothing to report) 3 • B. ( 1) Direct City Clerk to recruit for applicants to fill Planning Commission vacancy created by resignation of Mike Tobey, and ( 2 ) direct staff to schedule appropri- ate recognition of service. C. Status of Parks & Recreation Commission vacancy 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager COUNCIL WILL ADJOURN TO A CLOSED SESSION AT 1 :00 P.M. ON WEDNESDAY, JUNE 14, 1989 , IN THE CLUB ROOM TO MEET WITH THE SALARY CLASSIFICATION & COMPENSATION CONSULTANT. • 4 • ll�tL�ETln j AGEN�}l1 DATE. �- ITEM! ` ATASCADERO CITY COUNCIL MINUTES MAY 233 1989 The regular meeting of the Atascadero City Council was called to order at 7:05 p .m. by Mayor Borgeson, followed by the Pledge of Allegiance. ROLL CALL: Present : Councilmembers Shiers, Lilley, Mackey and Mayor Borgeson Absent : Councilmember Dexter (Vacation) Staff Present : Henry Engen, Community Development Director ; Paul Sensibaugh , Public Works Director ; Mark Joseph , Administrative Services Director ; Jeff Jorgensen, City Attorney, Andy Takata, Director of Parks, Recreation & Zoo ; Bud McHale, Police Chief; Boyd Sharitz, City Clerk ; and Roland Snow and Vern Elliott , Fire Department . A Commendation was presented to Karl Taborski by Mayor Borgeson for saving the life of another by using the Heimlich maneuver . Mayor Borgeson presented the following proclamations: Kiwanis Club Week - May 21-27, 1989 Public Works Week - May 21-27, 1989 National Flag Day - June 14, 1989 CITY COUNCIL COMMENTS: None COMMUNITY FORUM: Bruno Adamoli stated he felt the public should be involved instead of appointing one person alone to decide which trees are to be taken out . Get a committee of the public (seven people) to serve on it , free of charge, and the City would save some money and those seven people would put more impact into the decision of removing a tree than one person alone. Shiela Newan, 7820 Cortez Avenue, reported that it was brought to the attention of those in her neighborhood that a parking and staging area for horse trailers is being planned in their neighborhood . They are concerned about traffic and horses being loose. The County purchased Railroad property on their street and it ' s a quarter of an acre with an easement into Heilman Park . They feel the County did not look into other options as far as the parking area goes. There is plenty of land on the other side of the railroad tracks that belongs to the City. There are other areas to put the staging area. Henry Engen, Community Development Director said Supervisor Blakely will be contacting Mayor Borgeson regarding this. She said she will be reporting back as soon as she has more information on this situation. A. CONSENT CALENDAR 1. MAY 9, 1989 CITY COUNCIL MINUTES 2. FINANCE DIRECTOR'S REPORT — APRIL, 1989 3. CITY TREASURER'S REPORT — APRIL 1989 4. CLAIM OF JIMMY WOODALL (RECOMMEND DENIAL) 5. AWARD BID FOR WEED ABATEMENT SERVICES TO YOUNG BROTHERS CONSTRUCTION CO. 6. RESOLUTION NO. 32-89 — APPROVING VARIOUS YEAR—END BUDGET ADJUSTMENTS 7. RESOLUTION NO. 31-89 — AUTHORIZING FINGERPRINTING FOR EMPLOYMENT, LICENSING AND CERTIFICATION 8. AMENDED CONTRACT WITH BECKER & BELL FOR EMPLOYEE RELATIONS SERVICES 9. CONTRACT WITH G. A. LASTER, ATTORNEY, FOR BOND COUNSEL SERVICES 10. ACCEPTANCE OF FINAL PARCEL MAP 14-88, 5050 PORTOLA ROAD (Davin/Cuesta Engineering ) 11 . ACCEPTANCE OF FINAL TRACT MAP 42-87, 6875 Tecorida (Woodglen Development , Ltd . /Cuesta Engineering ) Councilman Lilley said he would like to pull item A-7, Resolution No . 31-89 - Authorizing Fingerprinting for Employment, Licensing and Certification. Mayor Borgeson stated she would like to pull items A-8 and 11 , Amended Contract with Becker & Bell for Employee Relations Services and Acceptance of Final Tract Map 42-87, 6760 El Camino Real . MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to approve the Consent Calendar with the exception of items A-7,8, and 11 . Passed unanimously by roll call vote. Mark Joseph, Administrative Services Director , gave the staff report on Item A-7. Council discussion followed. MOTION: By Councilman Shiers, seconded by Mayor Borgeson to approve A-7 of the consent calendar . Passed unanimously by roll call vote. Mark Joseph , Administrative Services Director, gave the staff report on Item A-B. Council discussion and questions followed. MOTION: By Councilman Lilley, seconded by Councilwoman Mackey. Passed by roll call vote of 3: 1 with Mayor Borgeson voting no . Henry Engen, Community Development Director, gave the staff report on Item A-11 indicating that all conditions of approval of the Woodglen project tentative map had been met and the map is ready for final approval . Council discussion followed . Mayor Borgeson called for a roll call vote for acceptance of Final Tract Map 42-67, 6760 E1 Camino Real . Councilwoman Mackey and Councilman Lilley voted yes. Councilman Shiers and Mayor Borgeson voted no . Jeff Jorgensen, City Attorney, stated that the tie 2:2 vote constitutes "no action" . Essentially he understood the nature of the vote but with respect to the approval of a final map , it is a ministerial act and the City does not have the discretion to deny a final map if it has met the conditions of approval . In light of that , he recommended that the Council continue the item until the next council meeting so that it can be voted on by the full council . MOTION: By Councilwoman Mackey, seconded by Councilman Shiers for a continuance of this item until the next council meeting . Passed unanimously by roll call vote. B. HEARINGS/APPEARANCES 1 . APPEAL OF GRADING PERMIT INVESTIGATION FEE — TENTATIVE TRACT NO. 37-879 8430 SANTA ROSA ROAD (MESSER) Henry Engen, Community Development Director , reported that the applicant has made a request for a continuance until the next Council meeting and the appropriate fee has been paid . MOTION: By Councilman Shiers, seconded by Councilman Lilley to accept the letter for continuance and bring back this item at the next City Council meeting . Passed unanimously by roll call vote. 2. ZONE CHANGE 17-88 — DANISH CARE CENTER 3 Staff report was given by Henry Engen, Community Development Director . Council discussion followed. Wayne Evans and Bryan Roldan from the Danish Care Center answered questions from the Council . MOTION: By Councilwoman Mackey, seconded by Councilman Shiers to read by title only. Passed unanimously by roll call vote. MOTION: By Councilman Shiers, seconded by Councilman Lilley to adopt on first reading with the amendment on Exhibit A with phrase "Facilities Such As" deleted. Passed unanimously by roll call vote. 3. WEED ABATEMENT PUBLIC HEARING Staff report was given by Fire Captain, Roland Snow. Council comments followed. Mayor Borgeson opened discussion for public comments. David Duncan, resident on Marchant , said he has three adjacent lots on Marchant and that he uses them for pasture and has horses there. He feels that he should not receive the weed abatement notices each year . Bruno Adamoli asked who was responsible for the weeds near the road . Captain Snow responded that it was the responsibility of the property owner to keep the property free of weeds clear up to the street . MOTION: By Councilman Shiers, seconded by Councilwoman Mackey that the Fire Chief or his authorized representatives are ordered to abate the nuisance of noxious or dangerous weeds on the lots identified in Resolution 23-89. Passed unanimously by roll call vote. C. REGULAR BUSINESS: 1 . REQUEST FOR CHANGE TO THE ZONING ORDINANCE TEXT TO ADD "CLASSIC AUTO DEALERS & MUSEUMS" AS A PERMITTED FREEWAY SIGN (AMERICAN CLASSICS) Staff report was given by Henry Engen, Community Development Director who indicated that this is a requested zoning text change and requires authorization to proceed by the Council . 4 Staff recommendation is for denial of the request to process. Council questions and discussion followed . Jim Berger, owner of American Classics, stated he felt that the sign is important to their business. He said he was surprised that he was appearing so that the Council could have a pre-hearing for a hearing because he thought it would go from their application to the Planning Commission and then to the Council . He feels that his business is a compliment to the City. Maggie Rice, representing the Atascadero Chamber of Commerce, spoke in support of freeway signage for this business. Lon Allen spoke on behalf of the owners of the business at 5660 E1 Camino Real , the publishers of the Atascadero News. The publishers asked him to express that they would endorse making this freeway oriented sign available to this new business. These two gentlemen have taken an eye sore in the middle of the town and done a great deal to make it look nice both inside and outside. They are a credit to what is trying to be done in the downtown area. The ERA study that the Council purchased about two years ago suggested that you do something to make Downtown Atascadero unique and a place that people would have a reason to stop in. This is one business that will do that . The City should be flexible enough to do what it can to help this new business. Erwin Manning who owns property in the vicinity of this new business spoke. He is very excited about what they are doing there and it can not do anything but help the downtown area. Council discussion followed. MOTION: By Mayor Borgeson, seconded by Councilman Shiers to approve staff recommendation to deny consideration of a zoning ordinance text amendment permitting classic auto dealers and museums to be entitled to a freeway sign. The motion failed : 2:2 with Councilman Shiers and Mayor Borgeson voting no . MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to continue this item until the next Council meeting . Motion failed : 2:2 with Councilman Shiers and Mayor Borgeson voting no . 2. PROPOSED SKATEBOARD ORDINANCE 5 Andy Takata, Director of Parks, Recreation and Zoo gave the staff report . Council discussion followed. Greg Shroger , 7690 Sinola, stated that skateboarding is not recreational to him, it is a means of transportation to school and work . If you restrict this, he would not be able to get to school on time, and would make his life harder . Calib Plowman, 9176 Tiburon Circle commented that people say that skateboarders are damaging their property. This could be caused by people riding bikes or just walking by, not just skateboarders. Everything is negative towards skateboarders. No place is set aside for skateboarders. It is a form of recreation to many skateboarders and could end up as a career for some of them. He has tried to stop others from destroying property. Skateboarding in the downtown area should not be stopped . If you take this away from skateboarders it could result in more property damage. Tim Gants, 8145 Atascadero Ave. stated that the City has money to build apartments and shopping centers. Is there any reason that there can ' t be a place built for them to skateboard . Whitey Thorp said we have tried to outlaw all the places where the kids can play. Each one of these kids are our kids and let ' s give them a place where they can have a little fun and a little liberty. Karen Riggs commented she felt that this agenda item could have been moved up earlier due to the fact that this is a school night. She continued by saying that skateboarding is a legitimate sport . Give our kids something to do. This ordinance should be a last resort -- it is too serious to outlaw skateboarding at this point. Trees and signs are important to the City Council , please take kids seriously too. Wally Banner, 12660 El Camino Real , owner of a building downtown, said he feels very sorry for these young people when it comes to skateboarding. They don' t have any place to go where it is legal to do it , however , he is in favor of the ordinance because of damage that has been to his building. Cliff Haggert , 5450 Ensenada, spoke in support of some form of Ordinance in regards to skateboarding . Cathy Clark resident on Azucena stated she is in favor of having a skateboard park being built . She said only a 6 minority is responsible for problems that are being caused . At this time the Mayor closed for public comment. Karen Riggs asked the Council to give the kids a chance to police themselves before this Ordinance is put in place. MOTION: By Mayor Borgeson, seconded by Councilwoman Mackey to establish a committee to look at the skateboarding problem and solution, to report back to the City Council in thirty days with their proposed solutions and to table this ordinance indefinitely at this point . Passed unanimously by roll call vote. Mayor Borgeson appointed Councilmembers Lilley and Shiers to this committee, along with either Commissioner Bench or Smart of the Parks and Recreation Commission. Those from the audience expressing a desire to serve on the committee consist of: Caleb Plowman, Bill Bales, Art Lindsey, Mary or Neivta from JPs Skate Shop , Kathy Clarke and Karen Riggs. At 10:30 p .m. Mayor Borgeson requested a 15 minute recess. The meeting reconvened at 10:45 p .m. 3. FEMA - REQUEST FOR COUNCIL REPRESENTATIVE APPOINTMENT Staff report was given by Mayor Borgeson. Councilman Shiers volunteered to serve as representative for the City for this board. 4. HOUSEHOLD HAZARDOUS WASTES - PROGRAM COST DISTRIBUTION Paul Sensibaugh gave the staff report. Council discussion followed . MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to continue the meeting past 11 :00 P .M. Passed unanimously. MOTION: By Councilman Lilley, seconded by Mayor Borgeson to endorse the concept and cooperative effort involving cities and County and direct the City Manager to write a letter to the County Health Agency outlining the city 's concern that the suggested method of collection is not cost effective for our city. Passed unanimously. 7 5. MARCHANT WAY SEWER LATERALS TO UNCONNECTED PARCELS MOTION: By Councilwoman Mackey, seconded by Mayor Borgeson to continue this item until a future council meeting . Passed unanimously. 6. SET DATE FOR PAVILION ARCHITECT INTERVIEWS Andy Takata, Director of Parks, Recreation and Zoo gave the staff report . A meeting has been set for Monday, June 26 to interview four architects. 7. SET DATE FOR MEETING WITH CLASSIFICATION & COMPENSATION CONSULTANT Mark Joseph stated that a closed session will be held on June 14 from 1-3 p .m. to discuss the classification and compensation study. D. INDIVIDUAL DETERMINATION/AND OR ACTION: Mayor Borgeson stated that on a prior vote that was made on item C-1 (Request for Change to the Zoning Ordinance Text to add "Classic Auto Dealers & Museums" as a permitted Freeway Sign) , the Council had deadlocked on the vote and also on the motion to continue this item. She talked to the City Attorney and she feels the people paid money to have a City Council decision tonight not a deadlock . She is willing to reconsider that item to continue the matter for the full council . MOTION: By Mayor Borgeson, seconded by Councilwoman Mackey to continue this item to the next Council meeting. Passed unanimously. CITY SCHOOL COMMITTEE: Councilman Lilley stated that a meeting would be held on Wednesday 5/24 at 2 p .m. Councilmember Shiers will attend since Councilmember Dexter is out of town. CITY ATTORNEY: Jeff Jorgensen requested a closed session for matters of personnel . MEETING ADJOURNED AT 11 :30 P.M. TO A CLOSED SESSION. CLOSED SESSION ADJOURNED AT 11 :45 P.M. B . MEETING _. XTA DAT ATASCADERO CITY COUNCIL SPECIAL MEETING MINUTES 3:00 P.M. , MAY 30, 1989 The Special Meeting of the Atascadero City Council was called to order at 3: 15 p .m. by Councilwoman Mackey. ROLL CALL: Present : Councilmembers Shiers, Lilley and Mackey Absent : Councilman Dexter and Mayor Borgeson Staff Present : Ray Windsor , City Manager ; Paul Sensibaugh, Public Works Director; and Steve DeCamp , Senior Planner , Community Development Department . 1 . ACCEPTANCE OF FINAL TRACT MAP 42-870 6875 TECORIDA (Wood— glen Development/Cuesta Engineering) (Continued from 5/23/89) City Manager , Ray Windsor said he wanted to apologize since he was not at the Council Meeting last Tuesday. He would like to believe that there was some misunderstanding that he could have been a party to clearing up . The following morning he was approached by the Community Development Director , Henry Engen, about the possibility of having the Council act on this before the next regular Council Meeting . He is responsible for asking for a special meeting which he did after consultation with each member of the Council here. What is being asked is that the Council find that this final map is in conformance with the Conditions of Approval of the tentative tract map which has been attested to . Steve DeCamp , Senior Planner , stated that all of the Conditions of Approval have been met by the applicant and the final map is before the Council for their approval . Paul Sensibaugh , Public Works Director , said he had nothing further to add to what has already been stated . Councilman Shiers stated that he wanted to make it clear that his was a vote to continue the item, it was not a vote to deny the final approval of the tract map . The legislative body in fact does not have the right to deny the final tract map , if the final tract map is in substantial compliance with the approved 1 tentative map and there was testimony that in fact was so . However, there were some concerns raised about the tract map , that is why it was pulled from the consent calendar. We do have a system of checks and balances, the City Council could not simply deny the final approval , that ' s one of the checks and balances that exist. But we do have the right to continue an issue if we feel that it warrants further study. In this case it was an item (a tentative tract map ) that a majority of the City Council had not voted on previously and at least one of the City Council members who had voted on the tentative tract map voted against it . For that reason he felt that there were some concerns and it should be brought before the full City Council so that everybody could have a last chance before finally approving this. Specifically he did not feel that this was a run of the mill item on the consent calendar, what we had here was a fairly high density development located in a flood hazard zone and there are some safety issues that could be raised with that . There are also other maps in that general area that have come before the council that indicates that there are some underline gas lines in the general area not going right under this map, but down around the Atascadero Inn and in the general area, there are at least two underline gas lines going through that area. His reason for wanting to continue this before the full City Council was to make sure that all of the Councilmembers including the one absent (Dexter ) were satisfied that we could go ahead and approve this final tract map and all of the public safety concerns had been addressed . He felt that there would be more than three people here for this special meeting , he did not know the Mayor would be absent at the time that this meeting was requested. Councilman Lilley commented that he did not vote to approve the tentative tract map . It is his understanding of the law, however that the only issue is whether there has been compliance with the Conditions of Approval and if in fact there has been, this body does not have the discretion, legally or any other way, without breaking the law, to deny the approval of the final tract map . The only issue there is whether they have complied with the conditions set forth by the City. Staff has been very clear , that to their knowledge, there has been full compliance with those Conditions of Approval . He has no knowledge other than that , and therefore it seems that the Council is faced with a ministerial responsibility at this point; mandated by law that Council approve the tract map. And to delay doing that, in his understanding , is to needlessly delay the applicant in having that which he is legally entitled to , which is the final map approved by the City. Based on that, he voted in support of the map and recordation. He thinks it probably very appropriate that we not delay without cause our final approval of the map . Absent somebody saying that there is non-compliance with the conditions, which is not an issue that was raised at the public hearing , nor is it one that he is aware has arisen since then. 2 Councilwoman Mackey said she had not heard of any non-compliance so it had been her understanding that Council could not vote against a final map . She brought that up that night but i,t didn ' t do any good . She thinks that Council should have raised some questions before the meeting if they had some questions and continued it at that time, going into the meeting, instead of at the time of the vote. We are here now for one job . MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to approve the final tract map for Map 42-87, 6875 Tecorida. Passed unanimously by roll call vote. MEETING ADJOURNED AT 3:25 P.M. MINUTES RECORDED BY: BOYD C. SHARITZ, CITY CLERK PREPARED BY: GEORGIA RAMIREZ, ACTING DEPUTY CITY CLERK 3 DATE iLL"I -I ITEM#AGENDA__ M E M O R A N D U M TO : City Manager Ray Windsor and Council Members FROM : Chief of Police SUBJECT : Auction of Unclaimed Property ( Item for Council Consent Cal,endar June 13 , 1989) DATE : May 26 , 1989 RECOMMENDATION: Authorize the police department to offer for public auction at 09 : 30 am. , Saturday , June 17 , 1939 , lost and unclaimed property (primarily bicycles ) in keeping with all applicable Civil and Government Code procedures . COUNCIL ACTION REQUESTED : By motion , authorize the auction of unclaimed property as indicated above. BACKGROUND : At the present time , the police department has a large accumulation of property which may now be disposed of within the guidelines of the law. As we have not had a property auction for over one year, our prop- erty/evidence room is overflowing . The police department will coordinate the auction as was the case previously (to be held in front of the police station) , and we will enlist the clerical assistance from our finance department . FISCAL IMPACT : This auction will be conducted within existing financial constraints , and the City will obtain revenue from the proceeds . Q1/ RICHARD H . McHALE RHM: kch cc : Mark Joseph , Admin . Svs . Dir . Lt . Watton and W. C . ' s S . S . A . Harthoorn BOL Board • Dispatch AGENDA o DA �M p . MEMOR.ANDUM TO: City Council THROUGH: Ray Windsor . City Manager FROM: Paul M. Sensibaugh, Director of Public Works Valerie Humphrey , Clerical Technician SUBJECT : Request for Sewer Annexation Nicholas/Dulzura Avenue DATE: May 30, 1989 Recommendation : Staff recommends that Council approve the attached Resolution annexing Lot 6, Block FA into Maintenance District No . 1 . (Resolution No. 41-89) Background: Ms . Nicholas has requested annexation to the sewer • system due to continuous problems with her septic system. Ms . Nicholas' s property is just outside the current boundary of the maintenance district . Due to the topography in this area it is not possible for the applicant to obtain a gravity connection to the sanitary sewer main . To accommodate the connection staff has approved the installation of a private force line within the right-of-way to connect to the existing gravity main . Ms . Nicholas has agreed to abandon this connection if an area-wide assessment district is constructed which provides gravity connection along his frontage and will then connect in the conventional manner . Discussion : This request is identical to a recently approved annexation request by another resident of Dulzura . Due to the number of inquiries received,, this office will explore the possibility of establishing an assessment district to serve this area . 0 0 Because Ms . Nicholas' septic system has failed, it is • advisable to allow connection immediately with the stipulation that she become part of the assessment district when , and if , formation occurs . Fiscal Impact ; There is no cost to the City related to this annexation . The owner is required to pay the annexation fees in effect at the time of annexation , and all connection fees in effect at the time of connection . • • RESOLUTION NO, 41-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING EXTENDING PUBLIC SEWER SERVICE TO ` LOT 6 BLOCK FA AND INCORPORATING THE AREA CONCERNED INTO THE BOUNDARIES OF SANITARY SEWER MAINTENANCE DISTRICT NO, 1 WHEREAS , the City of Atascadero is empowered by Section 5820 et . seq, of the Streets and Highways Code to annex territory within the City of Atascadero to the Maintenance Districts of that City ; and WHEREAS, Ms . Dianne Nicholas owns the property described in Exhibit A attached to this resolution ; and WHEREAS,, said, property , located on Dulzura Avenue, is contiguous with Maintenance District #1 ; and WHEREAS, the applicant has agreed to abandon the connection allowed hereto and to participate in the formation of an area-wide maintenance district when such formation is proposed; and WHEREAS, the propose annexation has received a Notice of Exemption pursuant to the provisions of the Environmental Quality Act ; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero as follows : Section 1 . Council finds that the territory described in this resolution will be benefitted by such sewer service. Section 2 . Council approves the connection of public sewer service to the following parcel , subject to the payment of appropriate fees in effect at the time of connection . Section 3 . Council approval is subject to this connection being temporary until a gravity mainline sewer becomes available to the described parcel , at which time two years will be allowed for connection , except if the temporary system fails within the two year period such connection will occur at that time , This property will be subject to future assessment district costs but connections and annexation fees will be considered to be paid. MLot 6 Block FA APN 29-051-23 Section 4 . The area included in APN 29-051-23, Lot 6 , Block FA is hereby incorporated into the boundaries of Maintenance District NO. 1 . • • (Resolution No. 41-89, cont'd) On motion by Councilman and seconded by Councilman ,the foregoing resolution is adopted in its entirety by the following roll call vote . AYES : NOES : ABSENT: DATE: ATTEST : CITY OF ATASCADERO BOYD C . SHARITZ BONITA BORGESON, Mayor City Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Dir . of Public Works � a o oy oar _ Ns9oS2' p' IP y� ass° O p o w of a O ro 4 a Ij x ia�d.s� S 8f° 3 i rwr pi S 1 w rt a a 0 � m a ' 0 cn to 0 e v tl I 0 itf,f1' ��oP i t I rn I y I I :us FF36 w �. I n � � ort o S 8 °36'W S 79°39 W O ' rp ro w w P" m � � -4 s n ftj O N� , O a ' cm , wo,•► i rt •►� tis N�9/01w, ,W 5 6e 5 8 F4- ,W rn o m n O t7" w �'ti. a m — `� r O • DMAI Z tl ME MEMORANDUM TO: Cite Council THROUGH: Ray Windsor, City Manager FROM: Paul Sensibaugh , Director of Public Works, Valerie Humphrey , Clerical Technician SUBJECT : Annual Assessment Charges for Street Maintenance Districts DATE: June 1 , 1989 Recommendation : Staff recommends that Council approve the attached resolutions authorizing the annual assessment rate for the following Street Maintenance Districts : 83-1 Lobos Lane (Resolution No. 33-89) 83-2 Sonora/Pinal (Resolution No. 34-89) 83-3 Malaza Avenue (Resolution No. 35-89) 84-1 San Fernando (Resolution No. 36-89) 86-1 Falda Avenue (Resolution No. 37-89) 86-2 Pinal/Escarpa Avenues (Resolution No. 38-89) 86-3 Aauila Avenue (Resolution No. 39-89) 86-4 Cavucos Avenue (Resolution No. 40-89) Background: Street surfacing was done in all of these districts under provisions of the Streets and Highways Code. The estimate of $20. 00 per parcel is based upon accomplishing minor maintenance work during the 1989-90 fiscal year . It is required that this special tax rate be established prior to Julv 14th in order to appear on next year' s property tax roll . Fiscal Impact : Pursuant to the provisions of these resolutions , all. funds received by the City Treasurer from the Tax Collector shall be deposited into funds established for each specific maintenance district . • RESOLUTION NO. 33-89 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 83-1 LOBOS AVENUE WHEREAS, the Council has previously approved the formation of Maintenance District 83-1 ; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 83-1 ; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements • NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the City of Atascadero as follows : Section 1 . The above recitals are true and correct . Section 2 . Based on an estimate of the Public Works Director , the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 83-1 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the lst day of July , 1989 and ending the 30th day of June, 1990 . Section 4 . The works of improvement and maintenance performed within Maintenance District 83-1 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll , the amount of the assessment , and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County , the net amount of the assessment shall be paid to the City Treasurer of the City . 0 0 Section 5 . The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 83-1 , Lobos Avenue" pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer . Section 6. The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption . Section 7. The Citv Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. Any parcels or lots of land known as public property , as the same is defined in Section 22663 of Division 15 , Part 2 of the Streets and Highways Code , which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings . On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT: ADOPTED: ATTEST : BOYD C . SHARITZ, City Clerk— BONITA BORGESON, Mayor— APPROVED AS TO FORM: APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer T } Z wr w 00 • r ` 2 O OCD HO C � 3 T p O O O O O O O m 1 m N N N N N N N m 70 �O %0 .0 0 %0 10 .0 D O N N N N N N N (A" a T V V W W N N N Vl N N N r — N N N m D • • r CA O O O O O O O Nto p {A N r r O N N r S p rn w w %A r P O m m O H z H !n �1 X r m Z z N \ N N N N N N N (A 10 ,0 4 0 H • m V V - w w N N N - (A N N N N N 3 m o z N r r+ - d N N r _ -4 W w VI r P O OD o T D x z «. n m T j[ q p : m z"' 8 0 v O 0 a Aw r ®r-, , A aC rz .0 a< T !a y O O O ' 0 O O O m .0 Vf� N N N N N N N m \ m D N X N N N N N N N V! mw N N N N m.< N N r N N N m Z{A • • • • • • • CA H-1 (AM N r r r W N r _ 3 m z 1 O O O C O O O D N N N N 10 O Q N N N N N N N N N N N r r N N N 's • • • • • • m O O O O O O O 2 n1 r n+ r W N .� H �` P P W V ►� `0 f"� v 0 4- CD O 10 �j 8 8 $ 8 8 8 8 • RESOLUTION NO. 34-89 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 83-2 SONORA!PINAL WHEREAS, the Council has previously approved the formation of Maintenance District 8 -2 ; and WHEREAS . certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS. it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 83-2 : and WHEREAS , under the -provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during_ the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the ex-pense of maintaining_ said improvements ; • NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the Citv of Atascadero as follows : Section 1 . The above recitals are true and correct . Section 2 . Based on an estimate of the Public Works Director , the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for. Maintenance District 83-2 , said special tax to cover the expense of maintaining_ road and drainaa_ e improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July . 1989 and ending the 30th day of June, 1990 . Section 4 . The works of improvement and maintenance performed within Maintenance District 83-2 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll , the amount of the assessment , and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County . the net amount of the assessment shall be paid to the City Treasurer of the City . • 0 Section S . The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 83-2 Sonora/Pinal Avenues" pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the Citv Treasurer . Section 6. The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. Any parcels or lots of land known as public property , as the same is defined in Section 22663 of Division 15 , Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings . On motion by Councilman and seconded by Councilman the forea^ing resolution is hereby adopted in its entirety on the following roll call vote : AYES: NOES : ABSENT : ADOPTED: ATTEST : BOYD C . SHARITZ, City Clerk BONITA BORGESON, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : A—K. JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer it u Or iF Pr * V O ao � Z O OBD C � O O o O O O O O o o m 1 m N N N N N N N N N m 70 .0 �o .0 %0 .o Q •o .0 Q a p r r r r r r r r r y > T m CD OD v V N N N N r r r r r r r r r m D . + • • • • . . • N N N O O O O O 4 O O O N O N O 3 Z T N W r iJ r T p N Z X N —1 D m t� —1 Z N D 0 0 0 0 0 0 0 0 o D r N N N N N N N N N N r r r r r r r r r N Go W m m V V N N N O o O O O O O O O Z vi .r .e j r d1 O P N W r W r i m a z �j O O DC <co a r y r NV o c m nn DC r; r -1 T co y O O O O O O O O O m 0 N� N N N N N N N N N m \ m a 10 0 .0 10 .0 N K r r r r r r r r r y 3y m W Go m v V P N N T< r r r r r r r r r m 2N O O O O O O O O O N ym N Z 3 N N N N N N N N 0 O 10 4 .0 Q z 10 %0 N r r r r r r r r r y P m 07 co m v V ? N N vi N P r P V1 r N .0 N f1 . O O N �7 r T O O • • � O i S'� � T z RESOLUTION NO. 35-89 0 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 83-3 MALAZA AVENUE WHEREAS, the Council has previously approved the formation of Maintenance District 83-3 : and WHEREAS , certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS , it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 83-3 ; and WHEREAS , under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the City of Atascadero as follows : Section 1 . The above recitals are true and correct . Section 2 . Based on an estimate of the Public Works Director, the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 83-3 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July, 1989 and ending the 30th day of June, 1990 . Section 4 . The works of improvement and maintenance performed within Maintenance District 83-3 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll , the amount of the assessment , and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County , the net amount of the assessment shall be paid to the City Treasurer of the City . Section 5 . The City Treasurer shall place all monies collected by the Tax_ Collector into the special fund known as "City of Atascadero Maintenance District 83-3, Malaza Ave . " pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer . Section 6. The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption . Section 7 . The City Cleric is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15 , Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings . On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following roil call vote : AYES : NOES : ABSENT : ADOPTED: ATTEST : BOYD C . SHARITZ, City Clerk~ - BONITA BORGESON, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer • iE per * r C O T N N N N N T O r r r r r Vf D T W W N N N N VJ r r r r r m D + + • • 3 N O O O O O (WA D (/� N N N O O 3 r m o to o -4 v+ m m N Z N m a Z < 1 v� 3 N N N N N Vl • • • • • m r r r r r y W W N N N N r r r r r + Zm N N N O �1 ' _ y 70 2 n m s � T 7D ;00 O <� • r v, r Hv a p r —i T Q7 N O O O O m .O CA—� N N N N m \ TD 10 N X • • D O CA 3N W W N N N m< r r r r m Zvf • • • + Vl -4 O O O O Ns to m N O r O 3 3 V1 N .p p T Z O O O O D N N N N N O 10 .O �o Nl + . m m O o O o V1 N .O A` f1 O O r N A T O �1 � `l % O a A m $ 0 8 8 RESOLUTION NO. 36-89 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND "HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 84-1 SAN FERNANDO ROAD WHEREAS, the Council has previously approved the formation of Maintenance District 84-1 : and WHEREAS , certain street improvements were constructed under the provisions of the Improvement Act of 19+11 ; and WHEREAS , it may be necessary for the City to perform routine maintenance of the improvetnents constructed within Maintenance District 84-1 ; and WHEREAS , under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; NOW, THEREFORE. IT IS HEREBY RESOLVED BY THE Council of the City of Atascadero as follows : Section 1 . The above recitals are true and correct . Section 2 . Based on an estimate of the Public Works Director , the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 84-1 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the lst day of July, 1989 and ending the 30th day of June, 1990 . Section 4 . The works of impr<--vement and maintenance performed within Maintenance District 84-1 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll , the amount of the assessment , and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County , the net amount of the assessment shall be paid to the City Treasurer of the City . 9 0 Section 5 . The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 84-1 . San Fernando" pursuant to the provisions of this resolution and law. and said transfer shall be made and accomplished as soon as said monies have been made available to the Citv Treasurer . Section 6. The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption . Section 7 . The City Clerk is herebv further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. Any parcels or lots of land known as public property , as the same is defined in Section 22663 of Division 15 , Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings . On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT: ADOPTED: ATTEST : BOYD C . SHARITZ , City Clerk— BONITA BORGESON, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer � Pr * r • \ coo C o o O o O o 0 o O o 0 o O o o rrnn I m %A ul F F F F F F F F F F F F F m m .o .o a O O O N N N N N N N N N N N N N N D n Vt ut C) Oi C) 4D C) CD F to of r r r r r r r r r r r r r r r m D . ♦ . . . to to W O O O O O O O O O O O O O O O Vl z N N N r r O 0 O O N r W W W W 0 m F N N O Cr QJ m T H z m Ln A 3 z m D z z -1 o N O O O O O O '. O O O O O O O O O D VI VI F F F F F F F F F F F .€` F N O �� •0 �D .O .O .D .O �O .O �O .O �O �O �D Gn • ♦ v • • + ♦ • • • ♦ • m O O N N N N N N N N N N N Ut M O © N co tD m V v V1 VI F t F N r r r r r r r r r r r r r r • ♦ • • • • ♦ • • v ♦ • m O O O O O O O O O O O O O O O z N N r r O 7 O O N r W - W W W O 1 - F N N O co ut W - r r V co P .0 O CD u: ^+ n m .O r r A T 3.- � $ a8 20 o {� r CA r v» c^ < m A .+C^ X DC rz .o a< O O O O O O O 0 0 O O O o O m Oo Cn— Vt Vt F F F F F F F F F F r F m \ m> a ,o 10 10 .o 10 10 .o o 10 o W x • • • • . • ♦ • • ♦ • ♦ • D O N r7 O N N N N N N N N N N N N N 3N Vi Vt % m m OD 9 V V V %A F F F N m< r r r r r r r r r r r r r r m zVi N �1—. 7 O O O O O 7 O O O O O O O (A tnm N O r O O O O N N r W F W r 3 3 z V O O O O O O O O O O O O O O D %n V+ F F r F F 1` F F F F F F N •O 10 to • ♦ • r ♦ • + + ♦ v m > O N N N N N N N N N N N N N V1 W S Cl OD m m V V V %A F F F V) • • m 0 0 0 0 0 0 0 0 0 0 0 0 0 o z N O r O O O O N N r W F W W r r .p. V F N Ni J P V O r N n C G F N A 10 C? o V $ � l7 • � ° � � � V m o a o 0 RESOLUTION NO. 37-89 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 86-1 FALDA AVENUE WHEREAS , the Council has previously approved the formation of Maintenance District 86-1 : and WHEREAS , certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 86-1 ; and WHEREAS , under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the City of Atascadero as follows ; Section 1 , The above recitals are true and correct . Section 2 . Based on an estimate of the Public Works Director, the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 86-1 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year , Section 3, The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the lst day of July , 1989 and ending the 30th day of June, 1990 , Section 4 , The works of improvement and maintenance performed within Maintenance District 86-1 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll , the amount of the assessment , and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of the City . 0 0 Section 5 . The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as ''City of Atascadero Maintenance District 86-1 Falda Avenue" pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the Citv Treasurer . Section 6 . The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption. Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15 , Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings . On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT : ADOPTED: ATTEST : ----- ---------- ----- — ---- BOYD C . SHARITZ , City Clerk BONITA BORGESON, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH Lr City Attorney Director of Public Works/ City Engineer z o 00 c W O O O O O O m m r r r r r r m 70 �0 10 .0 �o Q 10 D .. . . a 14 O W W W W W W Vl D CA T O O O O O O N N N N N r r ►+ T a • + N T H x r T r V "' O r m O N z D W 1 3 � m o z N \ r r r r r r to + • + • • T W W W W W W N O O J O O G to N N N r ✓ 3 • • . 2m O O O O O O r V r O m r M a 7o i G1 O ►+N O 7° 7o c r �n r yr v cc < m m nn a "C A r_ r �O T � O O O O O O m .0 r r r r r r m 1% ma 0 O O 0 0 10 (AX • • a O Vi W W W W W W N 3N m< NN N F' ►� r+ T z in O O O O J O v! (AT W r O N r O 3 3 V1 O 0` r V V T z �1 O O O O O O a r r r r r r cn .O 10 4 .0 .Q O N • + T W W W W W W L! O O O O O O H m Q O O O O O z W r O N O -4 ti Vs O P r .4 V n C O r N ;O n o x o n 8 V 0 Oi q V • RESOLUTION NO. 38-89 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 86-2 PINALIESCARPA WHEREAS, the Council has previously approved the formation of Maintenance District 86-2 ; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 86-2 ; and WHEREAS , under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the City of Atascadero as follows: Section 1 . The above recitals are true and correct . Section 2 . Based on an estimate of the Public Works Director , the Council sets a special- tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 86-2 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the lst day of July , 1989 and ending the 30th day of June, 1990 . Section 4 . The works of improvement and maintenance performed within Maintenance District 86-2 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll , the amount of the assessment , and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County , the net amount of the assessment shall be paid to the City Treasurer of the City . • 0 Section 5 . The City Treasurer shall place all monies collected by the Tax Collector into the special fund 'known as "City of Atascadero Maintenance District 36-2 , Pinal/Escarpa" pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer . Section 6 . The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15 , Part 2 of the Streets and Highways Code , which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings . On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following roil call vote : AYES : NOES : ABSENT : ADOPTED: ATTEST : BOYD C . SHARIT2, City Clerk BONITA BORGESON, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer x p * r m O o 0 o m i m N N N N m •o D p r r r r y > T P r r r y y r r r r m A + • • • y T y O O O O y ►r y O O O O z m ao P 4. N m > �+ z r 3 m m y z r+ y � O O O O A o N N N N y D D 0 O y • . • • m r r r r y P r r r y r r r r 3 + . • . m O O O O O O O O --q m P i N x f1 rf > A O r v: r to — — — — > m T MC-) :a D C rz r 1 10 T m y O O O m o y- N IV N m mS= �O .O 10 D y> . • . D O V: P r r in Cr,, r r r m z.:.. • v + y y O O O y yr. O O O 3 2 V lA W IT z 1 O O O D N N N y 0 O 10 y • • m y P r r y r r r 2 • • • m v u+ W r cc r n: t z r n D m RESOLUTION NO. 39-89 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 86-3 AGUILA AVENUE WHEREAS , the Council has previously approved the formation of Maintenance District 86-3: and WHEREAS , certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 86-3; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; NOW. THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the City of Atascadero as follows : Section 1 . The above recitals are true and correct . Section 2 . Based on an estimate of the Public Works Director , the Council sets a special tax_ rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 86-3, said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3, The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the lst day of July, 1989 and ending the 30th day of June, 1990 . Section 4 . The works of improvement and maintenance performed within Maintenance District 86-3 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll , the amount of the assessment , and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County , the net amount of the assessment shall be paid to the City Treasurer of the City . • 0 Section 5 . The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 86-3 Acruila Avenue" pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer. Section 6. The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15 , Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings . On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT: ADOPTED: ATTEST : BOYD C . SHARITZ, City Clerk BONITA BORGESON, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer z wr *, r z c C N T m w w w m X r r O D 0 o d w H a T N r r N (A N N r m Vl N r r 3 C m (A z r CA -i a 3 m D z < 1 V/ 3 O O O D O w W W N r r O N m O O W N r r N V1 N N r 3 • + + m O O O z N r ► -4 O P O N TD ;vz n m A T 3r O m 7o z (SCI,�DY ac d � ;Dc r v, r T s o �o ac rz a a< T CD V) O O m 10 tn-+ w w m ma r r O NX • + D O V1 O O y SN r r N m< N N m zo + CA "-1 O O N Vim r O 3 3 v r m z O O a W w N • + m O O N r r N •� N N 3 • m 0 o z D O r N A n � D m d S r 0 0 RESOLUTION NO. 40-89 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 86-4 CAYUCOS AVENUE WHEREAS, the Council has previously approved the formation of Maintenance District 86-4 ; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 86-4 ; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; NOW, THEREFORE. IT IS HEREBY RESOLVED BY THE Council of the City of Atascadero as follows ; Section 1 . The above recitals are true and correct . Section 2 , Based on an estimate of the Public Works Director , the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 86-4 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July, 1989 and ending the 30th day of June, 1990 . Section 4 . The works of improvement and maintenance performed within Maintenance District 86-4 shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll , the amount of the assessment , and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County , the net amount of the assessment shall be paid to the City Treasurer of the City . 0 • Section S . The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 86-4 Cayucos Avenue" pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer . Section 6 . The City Clerk is hereby ordered and directed to file a certified coPy of this resolution with the County Auditor upon its adoption . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15 , Part 2 of the Streets and Highways Code , which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings . On motion by Councilman and seconded by Councilman r the foregoing resolution is hereby adopted in its entirety on the following roll call vote : AYES: NOES : ABSENT: ADOPTED: ATTEST: BOYD C . SHARITZ, City Clerk BONITA BORGESON, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer Z wr iF O •\ * n Qr * Pr COD z O O0 C F` S T pi O o O O O O m 1 m N N N N N N m 70 .0 .0 %0 �0 10 D O N N N N N N y D T P P P •" r r y y r r r N N N m y O O O O O C y D y r r Gl N r r S W r m C y z n S y m z S y O q O O O O o D N N N N N N y y • . • . m N N N N N N y y N 3 + m 0 0 0 0 0 o a .► O N r r -1 Q i" rj W W r J 4t _ TA 70= m p --c O o o O O x+ T S.. O • V m o Z D C O «- r w r y-c — — — 0O < m m c+n a A..C 70 C rz O D 4 T co y 0 0 0 0 o m o V)- •N N N N N m \ m p �D •0 �O �O D .D (/l k N N N N N y Sy r ►+ r N N m zy O O O O O y ym r r O r r S 3 V N r V1 N m z y O O O O 4 D N N N N N W • . . • • m N N N N N y P r r r N N • + + 2m O O O O J r r G r -i -r N r VI N C� V r N 1 D r n o � n ,o Om D ING 3 AGENDA _ IT M E M O R A N D U M TO: City Council June 13, 1989 VIA: Ray Windsor, City Manager (cont . from 5/23/89) FROM: Henry Engen, Community Development Department W SUBJECT: Appeal by Don Messer of Grading Permit Investigation Fee - Tentative Tract No. 37-87 (8430 Santa Rosa Rd. ) BACKGROUND: As indicated in the attached letter from John Falkenstien, Cuesta Engineering, Don Messer is appealing the imposition of a $1 , 550 fee for grading without a permit in conjunction with the develop- ment of Tentative Tract Map No. 37-87 . ANALYSIS: The attached May 8, 1989 time-line memorandum summarizes the history of plan review activities in relation to this project. In the letter of appeal it is contended that "no response to the submittal was ever made by the Community Development Department" , and that they further assumed that Public Works would regulate the process of construction on the private road. Enclosed is also a letter from the applicant, dated December 2, 1988, re- questing advice on application requirements for a grading permit. In this instance, the applicant was seeking to grade the parcels being created as part of the subdivision and the request was denied pursuant to the City' s Title 8 Building Regulations which indicates in part: "Grading and/or waste disposal system permits for residential sites shall not be issued separately from the residence permit without the specific approval of the Building Official" . Further, enclosed is a memorandum, dated January 9, 1989 outlining the requirements for a preliminary grading plan. Nonetheless, on January 30, 1989, the site was red tagged on the basis of "illegal grading and tree ordinance viola- tions" . It could be argued that the encroachment permit provided by the Engineering Division provided authority to grade within at least the Santa Rosa right-of-way. However, grading within the right- of-way is subject to the City' s Tree Ordinance, and no tree protection plan had been filed in conjunction with this project at that point in time. Subsequently, work was stopped, a tree protection plan was provided and the permit was issued subject to a $1,550 investigation fee. This fee is required pursuant to the w Uniform Administrative Code, 1985 Addition, Section 304 (e) Investigation Fees : Work Without a Permit, which states as follows: "1 . Investigation - Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2 . Fee - An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. . . . . . " Since the Devaney project appeal before the City Council, staff has been utilizing this process to promptly establish fees for grading without a permit (two such fees have been charged to date for projects on San Marcos) . The $1, 550 represents a typical building permit fee for a 2,000 square foot single family home. Hence, the first house being built in this six-lot sub- division would provide the other half of the fee. The fee is not 2 times the amount of a grading permit fee because a grading permit for a single family home is not permitted except in exceptional circumstances authorized by the Building Official . Such circumstances were not seen to exist in this case as was made clear following Cuesta Engineering' s December 2 , 1988 in- quiry. Further, the cost of a grading permit alone is so little ($50 - $100) that a double fee would serve as no deterrent to illegal grading/tree removal . RECOMMENDATION: Denial of the appeal. HE :ph Enclosure: April 25, 1989 - Letter of Appeal May 8, 1989 - Timeline for Tentative Tract Map No. 37-87 January 9, 1989 - Preliminary Review of Grading Plan December 2, 1988 - Inquiry Re: Grading Permits cc: John Falkenstien Don Messer @6STA ENGINEERING • 7401-B EI Camino Real/ P.O. Box 2066 Atascadero, California 93423 (805)466-6827 '/ June 12, 1989 JUN 131989 ✓ To: City Council CITY MGR. Via: Ray Windsor, City Manager Subject: Appeal of Investigation Fee / Don Messer 8430 Santa Rosa Road Ladies and Gentlemen: Attached to this letter is the time line prepared by your staff with some additions . On December 7 , 1988 , the Tract Improvement Plans were signed and approved by the Public Works Department, and an Encroachment Permit was issued to construct utilities and Caleta Lane. This is the work that was under construction at the time the Stop Work Order was placed on the job. Mr. Engen ' s analysis (May 23 , 1989) suggests that Mr. Messer proceeded with intentional disregard for the permit process . Mr. Messer proceeded with work because of the plan approval and the encroachment permit by Public Works. Mr. Engen has clouded this issue by :caking reference to our letter dated December 2, 1983 . In this letter we stated that we intended to go to work on the approved tract improvement plans and we asked for guidance to proceed with processing grading plans for the building sites . It was never Mr. Messer ' s intention to work outside the area of the Improvement Plans without a grading permit for the building sites . The staff respcnse to our December 2, 1988 letter indicates that the Community Development Department was not aware of the approved Tract Improvement Plans . All of the information requested in their memo of January 9, 1989 , was available to them on the Tract Improvement Plans which were originally submitted to the Community Development Department on July 26 , 1988 . Those plans titled Tract 1574 Improvement Plans describe the work necessary to meet the Conditions of the Tentative Map before the subdivision can be recorded. The plan sheets describe the construction of pavement widening on Santa Rosa Avenue, the construction of all utilities to serve all the parcels , and the construction of road base and paving on Caleta Lane, the privata road required to serve the parcels . The plans do not include any grading on any individual building site. When Mr. Messer was issued an encroachment permit on December 7, 1983 , we assumed that all work described on the Tract 1574 Improvement Plans was approved for construction. Appeal of Investigation Fee Page 2 June 12, 1989 The Stop Work Order issued on January 30, 1989, stated "violation of Tree Ordinance" We do not contest the fact that the plans and the work did not include Tree Protection required by the ordinance. When the plan set was originally submitted in July 1988 , the Tree Ordinance was newly in place, the Conditions of the map did not call for tree protection, and we simply overlooked the need for tree protection measures as we concentrated on the engineering design. Similarly, staff did not recognize this ommission and seek to correct it during two rounds of plan check. When the Stop Work Order was issues, we took thorough steps to correct our deficiencies . We redesigned utility locations to better protect trees along Caleta Lane. We also eliminated the sidewalk along Santa Rosa Avenue. We included all necessary tree protection measures and replacement trees as required by the Arborist. The "investigative fee" was imposed for review of "illegal grading" . There has been no grading other than the work proposed by the approved Tract Improvement Plans . We contend that the work in progress was approved for construction, and that no "investigation" was warranted. The "investigative fee" appears to be a charge for staff to review plans that were submitted for their consideration in July of last year. We therefore request that the "fee" monies be refunded to Mr. Messer. Respectfully submitted, -John Falkens en R.C.E. 33760 M E M O R A N D U M TO: Henry Engen, Community Development Director FROM: Steven L. DeCamp, Senior Planner DATE: May 8, 1989 RE: Time-line for TTM 37-87 (Messer) -� 4/q_18 T P•r . PCP P9_O U Alt. 6r- TT"M The following time-line will begin with Council approval of the Tentative Tract map. -� 41 iZlB$ 't-tz-PF_ OV_O(NA-MCC-- ArPP6LovI�,0 a. 5/2/88 City Council approves TTM b. 7/26/88 Cuesta Engineering submits Final Map and Improvement Plans for review C. 8/9/88 Map corrections returned to Planning from Engineering d. 8/10/88 Map corrections to Cuesta Engineering e. 8/23/88 Improvement Plan corrections returned to Planning from Engineering f. 8/23/88 Improvement Plan corrections to Cuesta Engineering g. 9/27/88 Cuesta Engineering submits corrected plans Xc h. 9/27/88• Corrections sent to Engineering .err r � -�f a/ZZ/88 IM99V. PLANS To PVguC, uwotz-S AOR APPR,ovP4,SKIN^TVaF- 1. 12/2/88 Cuesta Engineering requests review of grading ,J plan for onsite improvements (building sites) 17 "SACIZOAe +MeNr P�Ir" V%UeD Fe. G'AoArA LJ4 tJT1UTtr� j . 1/9/89 Cuesta Engineering advised of requirements for filing for grading permit for building sites and utilities , ��k. 1/30/89 Planning issues "Stop Work�" or er for grading around trees without tree protection 1. 1/31/89 Cuesta Engineering submits "Revision to Encroachment Permit Application" showing tree protection to DPW , CUESTA ENGINEERING 7401-B EI Camino Real/P.O. Box 2066 Atascadero, California 93423 (805)466-6827 April 25, 1989 Henry Engen City of Atascadero 6500 Palma Atascadero, CA 93422 Subject: Assessment Of Fee For Grading Without Permit Tract 1574 / Messer Dear Henry: On April 18, 1989 Don Messer was issued a grading permit for construction of a private road. A fee of $1550.00 was imposed as a condition of issuance of the permit. The Building Department was asked and gave no explanation as to how the amount of the fee was calculated. As representative of Mr. Messer, I hereby appeal the imposition of this fee to the City Council or Appeals Board, whichever is appropriate based upon the following arguments. Plans for the construction of the private road were submitted to the Community Development Department on July 26, 1988. No response to the submittal was ever made by the Community Development Department. Based upon the lack of a response from the Community Development Department, we proceeded on the assumption that the Public Works Department would regulate the process of construction of a private road. This assumption was reinforced by the fact that the procedure leading to the construction of Gallina Court, a private street in Tract 1477, was handled entirely by the Public Works Department up to and including final inspection. The Conditions of Approval for Tract 1574 do state that all plans shall be sub- mitted to both Community Development Department and Public Works Department for review and approval . This condition was also stated on Tract 1477 and all other subdivisions we have handled. Another condition states that an Encroachment Permit must be obtained from the Public Works Department. There is no condition stating that a Grading Permit is necessary. We contend that at the time the Stop Work Order was placed at the job site, all appropriate Conditions of Approval were satisfied as follows: 1 ) All plans were submitted to the Community Development Department on July 26, 1988. Lack of response and precedent set in both Tract 1477 and Tract 1489 were taken as "Approval ". RECEIVED APR 2 6 1989 Tract 1574/Messer Page 2 2) An Encroachment Permit was obtained. 3) All plans were signed and approved by the Public Works Department. 4) The "Stop Work" Order cited violatation of the Tree Ordinance only. This violation has since been rectified. Thank you for processing this appeal . If you have any questions, please call me. Respectfully Submi ed, Johynt'Fz-a-'l k e n s t i e R.C.E. 33760 Exp. 6/30/90 JF:pd 87-022 cc: Don Messer LIVE FILE Convert [ Access i Store THIS SHEET INDICATES THIS SECTION CONTAINS POOR QUALITY IMAGES 56 7412 �`ei`3';R� w f�tay r 3- e., VON "ESSER CONSTRUCTION -P.O. Box 1958 iATASCADERO, CA. 93423 APRIL 18, 1989 I CALLED THE CITY TO ASK FOR A BREAKDOWN ON THE CHARGES FOR THERE REQUEST FOR $1550.00 ON SANTA ROSA_ MY CALL WAS TRANFERED TO BILL WHITTMEYER WHO TOLD ME THAT THE FEE WAS FOR GRADING WITHOUT A PERMIT_ r RECEIVED APR 2 61989 •_.. ess+se z Y Address 05 act r/Buii r _4 :. ss--- � P3>�ae � to r ; n ess®rtu'#Sratcjon _4• .:fox lesB' 8 - b 4 `} 2941 NO- fishi ss - :UgBta t?'1Q' s»d .' i 't .,r. a'$�bX or other ourace of.1 oan Addregs s; x vf Project: ,f,Snew .)Add ter ,<>.( )Repair , dish ( )i" pInstali ( Zo®pliance S <. _ urvey Change of Occupancy )Other " Grading _ Qr�struct i on of a_ Ovate road . _ �oject Descriptions­ - Legal Description: "_ Assesior'_s :No. Use•Zion Lot Area 56-261 �d2 RSF=at A 5 LAME i FOUNDATION + EXTERIOR SPALL ROOF k HEATING (--,,-)Wood Stud 1-)Cont. Conc ( )Wood Sdg ( )Stone Vnr .( ,J7Conc -T/Up ( )Comp Elt-up ( )Eleo • ( )Metal {`=Slab ( )Wood Trri '( )Erick .).Metal ( )Comp Shingle ( )Gas (=)Timber ( )Piers ( )Stucco ( )Conc Blk I 'j Brick Vnr ( )Wood Shgl/Shake ( )Gas Wall ( )Metal { )Tile ( )Solar TYpe of Constructi-6n: -Vype No. " OccupancyGro I*MIREMENTS: FEES: Value $ Minimum Bu s nes s L i c. Construction'- -State Contractors Lic. . Flo rke r 's comp. Ins. ;Electrical': Plumbing: =s Mechanical: Earthquake: Issuance: Plan Check: Grading gal. septic tank and sq. ft. leach field TOTAL FEES:$ . 6D C' I have read this Vompleted application carefully. Date Paid: 3-t-JB..o ( ) Owner ( )Agent Receipt No. : 411 Sicnature t ! Date s MEMORANDUM TO: Henry Engen, Community Development Director FROM: Steven L. DeCamp, Senior Planner DATE: May 8, 1989 RE: Time-line for TTM 37-87 (Messer) The following time-line will begin with Council approval of the Tentative Tract map. a. 5/2/88 City Council approves TTM b. 7/26/88 Cuesta Engineering submits Final Map and Improvement Plans for review C. 8/9/88 Map corrections returned to Planning from Engineering d. 8/10/88 Map corrections to Cuesta Engineering e. 8/23/88 Improvement Plan corrections returned to Planning from Engineering f. 8/23/88 Improvement Plan corrections to Cuesta Engineering g. 9/27/88 Cuesta Engineering submits corrected plans h. 9/27/88 Corrections sent to Engineering i. 12/2/88 Cuesta Engineering requests review of grading plan for onsite improvements (building sites) j . 1/9/89 Cuesta Engineering advised of requirements for filing for grading permit for building sites and utilities k. 1/30/89 Planning issues "Stop Work" order for grading around trees without tree protection 1. 1/31/89 Cuesta Engineering submits "Revision to Encroachment Permit Application" showing tree protection to DPW M E M O R A N D U M TO: Cuesta Engineering FROM: Doug Davidson, Associate Planner SUBJECT: Preliminar-,. review of grading plan - Tract 1574 DATE: January 9, 1989 The Planning and Biilding Divisions have rece4 and r vieweitemsneed your proposed preli-i_nary grading plan. to be included in the grad-: ng permit application: 1. A soils report per condition #23 of Trac ;. Map. 2. Show all existing structures and explain what effect tdoes proposed improvements will have on each of them; plan not show existing str-xctures on parcel 3 and along the sewer easement. 3. A complete utility plan containing the =ollowing: A. Location oc all proposed utilities with meter placements, size of piping, B. Engineering calcs are needed for gas line size. C. Detail how the sewer laterals are to be extended through the 15 foot sewer easement from Sarta Rosa Rd; this with area is a drainage channel and is currently coveredthick vegetation. A cross-section showing how the sewer th the nae will cincludingalong invertlelevatianslofgu be st be the sewer. submitted, if you have any questions please feel free to contact me. z CUES?A ENGINEERIN 7401-B El Camino Real/P.O. Box 2066 Atascadero, California 93423 (805)466-6827 December 2, 1988 Henry Engen Community Development Department City of Atascadero 6500 Palma Ave - Atascadero, CA 93422 4 Subject: Grading for Building Sites - Tract 1574 / Messer Santa Rosa Avenue Dear Henry: The attached plan is a grading plan for preparation of building sites on the unimproved lots in Tract 1573. The plan was prepared at the suggestion of, and based on the recommendations of Robert Gibson, archeologist. The archeological report for the project calls for specific treatment of construction sites. We want to apply for a grading permit to complete this work in conjunction with the tract improvem_�nt work. Mr. Gibson is in favor of preparing building sites at the time the rots are'-created so that he is better able to monitor for archeologi:al concerns, and so the City will not have to administer this issue on a lot-by-lot basis. Steve DeCamp suggested we initiated our application for Grading permit by submitting this plan to you for preliminary review. Paul Sensibaugh had already reviewed and approved the tract improvement plans, and Mr. Messer will be starting work on the road and utilities as soon as possible. We would like to take out a Grading permit as soon as possible so that all work on can be coordinated with the archeologist in a timely manner. Please advise us of the application requirements for grading permit as soon as possible. Sincerely, IJ / R�CElVJ • Deborah Hollowell enc. cc: Don Messer Robert Gibson Paul Sensibaugh • AF lst ) g LM CA +° M E M O R A N D U M TO: City Council June 13, 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Appeal of Susan Harkness/David Singer of the Planning Commission's denial of Variance 2-89 for waiver of rear yard requirement at 5405 Bajada Ave. BACKGROUND: On April 18, 1989, the Planning Commission considered the appellants ' request to waive the required ten foot rear yard setback for a proposed garage at 5405 Bajada Avenue. Action of the Commission as noted in the attached minutes excerpt was to deny the request subject to findings for denial contained in Exhibit E of that staff report. ANALYSIS : Variance findings are stringent in the City' s zoning regulations . Two findings made by the Planning Commission were that the variance would 'constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. . . " and that "no special circumstances applicable to the property including, size, shape, topography, location or surroundings" . . .were such to "deprive the property of privileges enjoyed by other property in the vicinity. " The appellants, in their letter of appeal dated May 1, 1989, are proposing a five foot setback as an alternative and they have submitted supporting information from their arborist, D.O. Denney, stating that the location being sought for the use is the preferred one in terms of tree protection. This alternative is a matter which was not considered by the Planning Commission and represents a revision to the literal request that was before the Commission, i .e. a zero lot line garage location. STAFF RECOMMENDATION: Denial of the appeal with respect to the action of the Planning Commission, but refer the proposed alternative back to the Planning Commission for consideration of a variance for a five foot setback for the proposed garage. HE:ps Enclosures: May 1, 1989 Letter of Appeal June 5, 1989 Arborist Report April 18, 1989 Staff Report April 18, 1989 Planning Commission Minutes Excerpt cc: Susan Harkness/David Singer Sinner-Harkness 5405 Bajada Atascadero, CA 93422 May 1 , 1989 Re : Variance request — 5405 Bajada Dear Sirs : We are requesting an appeal of the planning commissions decision of April 18, 1989 regarding the variance of the set back requirements for the construction of a new garage . Both the location suggested by the Planning Staff and the Commission is inappropriate due to the proximity of several heritage oak trees . We have once again consulted a certified arborist who has visited the site once more and is confirming the danger to the trees with an official letter . Upon many hours of reviewing all possible sites we still feel that our initial location possesses the least risk to the oak trees . We have revised the plans which provide for a five foot set back which would meet the side yard set back requirements . We understand that the city is still considering this a rear yard property line and that a variance is still needed for the additional five feet , but we hope this a acceptable compromise to the situation . We have ordered new building plans with the amended site location which should be ready by the end of the week as will our letter from the arborist . We will be forwarding the copies of these to you via the Planning Department . We are officially requesting a hearing before the City Council on this matter . Thank you for your consideration in this matter . Sincerely, arie Harkness David Singer RECEIVED COMMUNITY DEVELOPMENT • AMERICAN SOCIETY OF CONSULTING ARBORISTS FIELD REPORT CASE LOCATION 5405 Baiada Avenue Lpi•y Atascadero OWNER NAME Susan NarknPG�C; ADDRESS 5405 Bajada Avenue Atascadero ICES. PHONE(461-9012 ) BUS. PRONE (541-8896 ) AGENT NAME—_-D-n- npnney ADDRESS_802 Paso Robles Street _ Paso Robles, CA .._._ -. RES. 1111011E ( ) -BUS. 11NONE (239-1239 ) FROM: D.O. Denney Certified Arborist #391- P.O. Box 3090 Consulting Arborist-_#178 Paso Robles, CA 93447 Calif. Licensed Pest Control Advisor #03482 sites SUBJECT: Consultation on three garage constructions in and around the property at 5405 Bajada Ave. The possible impact on the trees. OBJECTIVE: To set up a tree protection plan that will lessen the impact to the existing trees. Susan Harkness wants to build a new garage in the driveway located at the rear of 5405 Bajada Avenue, Atascadero. Please refer to photo #3. PROPOSALS: #1- Construct the garage in its present, where this beautiful large Calif. Live Oak has survived many years with this garage built directly under it. No doubt that at the time it was built many years ago, this tree was much younger and could stand the stress of construction around it. Recommendation: Do not construct new structure in the same site that would require digging foundations and disturbing the area around the tree. . Also, if this this structure is removed, that a barricade be installed around this tree to protect the trunk and crow root area. If the old pavement is to be removed, extreme care must be applied as not to damage crucial anchorage roots. #2- To construct the garage near this large tree at location, indicated in photo. There could be some problems in this area with Oak tree #1+2. This area could involve major root damage to construct close to these trees. #3- Construct the garage in the rear driveway(see photo) . This location may be the less impact on the tree. The foundation would be constructed on the outer drip line of the white oak tree next door. Would suggest digging some test holes along the fence area to ascertain which roots would be affected. This far out from the base of this tree should only be some fine feeder root located about 18 to 24 inches below the ground level. Use no weed control type chemical under the new pavement. These can be very detrimental to the health of any tree. Attach All Correspondence Ilere photographs; Remember to date, designate direction facing camera, explain each photo sued number accordingly. 1 l i� Photo #1- Old garage built within the Photo Close up of the trunk of the oak tree drip line of these large live oak trees .r� /. Photo of proposed site #2 to construct Photo of location where the property owner a new garage wants to build garage site #3 Driveway- rear of property. Sugsmilry and Recommendations: �t W P ol r' l Tlln ---- E J I' i - ATASCADERO HISTORICAL SOCIETY Y. Post office Box 1047 Atascadero, California 93423 A Non-PnoSit Conponation W»tar ;.t.rir.f April 1¢, 1989 G.fw.N" rr fly/ ii.trd i.^au..l 'rfufrp •f Mi.l.riu Y'tl.cH To Whom it may concern: This letter is to verify that the Harkness house at 5405 Bajada is one of the original Colony houses, in fact one of the earliest, built in 1915 and occupied originally by the ra;,Iily of George B. Lewis, brother of H.G. Lewis and manager of the Atascadero Printery. kazie 4 s, historian �tascadero Historical Society .e CITY OF ATASCADERO Item: B-2 STAFF REPORT FOR: Planning Commission Meeting Date: April 18, 1989 BY: Doug Davidson, Associate Planner File No: VAR 02 -89 SUBJECT: Consideration of a request for a variance from the Zoning Ordinance setback standards. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Susan Harkness/David Singer 2. Representative. . . . . . . . . . . . . . .Same as above 3. Project Address. . . . . . . . . . . . . .5405 Bajada Ave. 4. Legal Description. . . . . . . . . . . .Lot 19, Blk. EA, A.C. 5. Site Area. . . . . . . . . . . . . . . . . . . .one-half acre 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Residential Single Family) 7. General Plan Designation. . . . .Moderate .Density Single Family Residential 8. Existing Use. . . . . . . . . . . . . . . . .Single family residence 9. Environmental Status. . . . . . . . .Categorically exempt (Class 3) B. ANALYSIS: The applicants are requesting a variance from the Zoning Ordinance setback standards. The minimum required rear setback in residential zones is ten (10) feet. This request is to allow construction of a garage on the rear property line, with no rear setback provided (see Exhibit B) . Under the Zoning Ordinance, the front of a lot is the most narrow dimension of the lot parallel to a street, and adjacent to that street. Thus, in this case the front setback is measured from the Bajada frontage, with the rear property line being in the opposite and parallel direction. 0 0 The Planning Commission must make the following four findings to approve a variance request (Section 9-1. 113) : 1. The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this Title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 3. The variance does not authorize a use which is not otherwise authorized in the zoning district; and 4. The granting of such variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. All four of these findings must be made to grant a variance. • Since Findings #3 and 4 can clearly be made, the analysis will focus on the granting of special privileges and any special circumstances applicable to the property. Staff cannot make the first two findings because we believe that this is a request for special privilege and the property does not contain circumstances which warrant special consideration. All new construction in this vicinity must meet the minimum setback standards of the Zoning Ordinance. Furthermore, the lot is not characterized by steep slopes, minimal size, unusual shape, unique location, or any other factors which could justify a variance. The existing accessory building, which is deteriorating, occupies an adequate builable area for a new garage. A minimum of site disturbance is necessary for new construction in this location. Historic Structure The application asks for special consideration because of the historical nature of the home. The existing residence is an original Colony home and staff does not dispute the fact that the home is historically significant and an asset to the residential character of the community. However, the historical nature of the home does not prevent the project from meeting the setback standards. Furthermore, variances are granted for physical site limitations, while historical structures are usually given special consideration in historic preservation ordinances. The City has not adopted such an ordinance, or given special status to original Colony homes. The Zoning Ordinance does contain a Historic Site (HS) Overlay Zone, which has not yet been implemented. The intent of the HS Overlay is to protect the architectural integrity of historic structures. The purpose of a variance is to recognize when the characteristics of a particular property prohibit development opportunities that the surrounding neighborhood enjoys. Summary Staff recognizes the predicament of the applicants. Their building permit application was denied for failure to meet the minimum setbacks. Subsequently, the staff is recommending that the proposal does not meet the necessary findings for a variance. Furthermore, the HS Overlay has not been implemented in the City, nor does it contain provisions for setback modifications. Notwithstanding the historical nature of the home, a variance may only be granted when unique site circumstances warrant special consideration. The applicants intend to demolish the existing shed. Upon demolition, there is adequate buildable area for construction of a new garage in conformance with setback standards. C. RECOMMENDATION: Staff recommends denial of Variance 02-89 based on the Findings • in Exhibit E. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Elevations Exhibit D - Supplemental Development Statement Exhibit E - Findings for Denial EXHIBIT A CT LOCATION MAP VAR 02-89 I (FH) Y ✓e W .P �—•vE�l , �� n � `l ° � �'�gENQ►�, S ITE So r L(F WE ,lllvn� d ! CAV l ..� c�ua,►r-r�r�r--n-T-r-f � i--� EXHIBIT B SITE PLAN ,r _ _ \� VAR 02-89 ED Jtit. Q 5 1 $ w " j)Aiii k � y9 app 001 R !-Jt-A D Po WEA ,Foe v s r.t. (} -------- - f Ar IiavrE P Av { &A RAGENZ syr i E K r CO NC i W ` .J.. ... (},STC i _[��Cf % ':.T : i �. T� — _______-•...,_— 30 � /�,��_ •qDi 2 "1: . - �T�S COOL ons y' EXHIBIT C _ C=�.' -�`.1_ `�� �1 �� ELEVATIONS VAR 02-89 • ''''"'". ; � ?. ._� . :,fes. . ';" - .. _ . . _ . �t►3�.c'-C�.a Gr�MP �I�IJ�I.�s 4ve-r- 15* FML-I' - K - - �I ly, � i/ . %lAu. f . • T - _ EXHIBIT D ,`e are recriestinq a Va_rianca so ti'iat -,,je ma,l :DUii(I 1 new _Iara(-)e on our orcr-=trt-'' . Cur home is cne of the o-ri � - e e ffamn ~inui colon,.,� ho;!? s built b� the L� pis _ �.il•, , which we have been restorina over the oast _`our years. At the :resent time, 4-here is an old carriage house which we are currently usinc as a Garage, lccat%d to the Year of the property. Tre have had, several contractors out to investicate the --ossibllties of restorina and/or reoairinQ this building, but due to its lack of proper foundaticn ana e::treme ace and haphazard electrical :dirinC, we have een advised to tear it down completely and start over. The e:.istina structure has been addecd on to many tires and because it once had an aparl=ent above it, the roof is flat and leaks eK.7ervwhere when it rains. The stricture is infested With mice and is even a house for a '_ooss::m or t.vo, making the sticture of little use. Approximately 10 years aco, a 1/2 acre portion was split off of the oricinal parcel and another hcr.:e was built on the newly created lot. That was the only back yard area the original property had and subsequently our entire back yard consists cf a ca ent drivewav and the old carriage house. Cur home is situated on a corner lot with the house facing Bajada, which is used as our street address. However, our mail service, trash service, water and electrical meters as well as the drive to the carriage house are all on Dulzura. We would like to be allowed to rebuild a carriage style garage close to the main house for the following reasons: 1. It would allow us to exit the garaae and enter the house without walkiner across the entire yard. 0 2. Once the new garage was built, we could tear down the old carriage house and remove a large portion of the cement, thus creating a backyard. 3. It would allow us to close off the backyard area, thus making it possible to open our front drive for guests and deliveries. 4. Provide some degree of security for the yard and house. We have gone to a lot of time to design the new structure so that it matches the architectural detail of the original house. Allowing us to Mild the garage would not only add usuable beauty to a historic structure, but would allow us the roan to complete the landscaping in a complimentary fashion to the house. Because of the historic nature of our home, we are asking for special consideration in this matter. In order to place the new garage in the most logical part of the property, it will be necessary to build it within inches of the rear property line. Our rear property line backs up to our neighbor's side yard. The property line between our back yard and our neighbor's side yard is approximately 40 ft from his house. Since there is a large oak tree on our neighbor's property which is approximately 20 ft from where we propose to build the new structure, it would be impossible for him to ever build in that area. Please consider our request so that we may continue to enhance our home in its true heritage fashion. Feel free to visit the site for any further clarification. FE is N laa7 • 0 Exhibit E - Findings for Denial Variance 02-89 5405 Bajada Ave. Harkness April 18, 1989 ENVIRONMENTAL FINDING: The application as submitted has been determined to be categorically exempt from the requirements of the California Environmental Quality Act. FINDINGS: 1. The variance requested constitutes a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and 2. There are no special circumstances applicable to the property, including size, shape, topography, location, or • surroundings, which would, upon application of this Title, deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district. • PAGE FIVE Tannin Commission Minut % xcer t - 4/18/89 MOTION: Made by Commissioner Bras r, seconded by Commis- . sioner Luna and carri 7 :0 to continue the hearing on Tentativ Parcel Map 21-88 to May 16, 1989 provided t a revised map is submitted to the Plannin vision within ten days. Chairperson Loc dge called a recess at 9:05 p.m. ; meeting reconvened a :20 P.M. 2. VARIANCE 2-89: Request initiated by Susan Harkness/David Singer for a variance from the Zoning Ordinance setback standards. Subject site is located at 5405 Bajada Avenue. Mr. Davidson presented the staff report; staff is recommend- ing denial of the variance in thiswo of case.thHerthenred four responded to findings cannot be made questions from the Commission. Susan Harkness, applicant, explained efforts and constraints which she has encountered in trying to construct a garage on the site. She presented a more accurate map showing the exact size and location of several heritage oaks and pine trees on the size. Ms . Harkness felt there are special circumstances which would allow the variance (oak trees on the property, historical significance of residence, etc. ) In conclusion, she commented that the proposed site for the garage is the only place which makes sense. She responded to questions from the Commission pertaining to other possible alternatives for building the garage on the property. Chairperson Lochridge referenced community goals in the General Plan concerning "elbow room" and appropriate setbacks which argue against this request. Upon further discussion and comment, it was the Commission' s general consensus that this did not result in a hardship on the property, that there were alternative locations in which the garage could be built, and that only two of the necessary findings could be made in this situation. MOTION: Made by Commissioner Brasher, seconded by Commis- sioner Highland and carried 7 :0 to deny Variance 2-89 based on the findings for denial contained in the staff report. Chairperson Lochridge advised the applicant that the Commis- sion' s decision was appealable to the City Council. • MEMORANDUM TO: Honorable Mayor and Citv Council THROUGH: Rav Windsor , City Manaaer FROM: Paul M. Sensibaugh , Director of Public Works SUBJECT: Sewer Easement Abandonment - Bowling Alley DATE: June 6, 1989 Recommendation : Staff recommends that Council adopt Resolution 27-89 which abandons a portion of the sanitary sewer easement within the Century Plaza parking lot and abandons a portion of the Public Utility Easement (PUE) within the Century Plaza parking lot . Note : The above recommendation assumes no adverse input at the public hearing noticed for June 13 , 1989. Background and Discussion : Please refer to the attached Mav 9 meeting staff report . r Fiscal Impact : There is no cost to the public associated with this request . MEMORANDUM To: Honorable Mayor and City Council Through: Ray Windsor, City Manager From: Paul MSensibaugh, Director of Public Works/City Engineer Subject : Request for Sewer Easement Abandonment-Bowling Alley Date : May 1, 1989 Recommendation: Staff recommends that Council adopt Resolution 26-89 which sets June 13 as a public hearing date for the consideration of the abandonment of a portion of the sanitary sewer easement within the Century Plaza parking lot (Detail "A") and the abandonment of a portion of the Public Utility Easement (PUE) within the Century Plaza parking lot (Detail "B") . Note: The Resolution of Vacation will be presented at the June 13 Public Hearing to be voted on at that time. The Resolution of Vacation will indicate that a public hearing was held and that the facts are as stated in the Resolution of Intention 26-89 above. Background: Century Plaza has requested an encroachment into the existing sanitary sewer easement and the PUE, which they granted the City for the development of the theater expansion project and Brookhill Restaurant. The proposed building bowling alley will protrude into the sewer easement as a result of a Planning Commission request to shift the building away from the creek and toward Capistrano (Bank of America) . Therefore, it is necessary to request abandonment of a Portion of the easement to accomodate the same. "Exhibit A" , which will be placed in the June 13 agenda package and which is placed herein in draft form only, is the indemnity agreement that controls the above building near the easement . "Exhibit B" is the attachment to the agreement that contains the sketches and descriptions for both easement abandonment requests. # • • Discussion: The Sanitary Sewer will have to be relocated as a condition of construction and a new easement offered to the City prior to the recording of the abandonment . Staff has reviewed the preliminary plans for that work and has made comments and changes . All such work is expected to be completed prior to the above public hearing date. Fiscal Impact: There is no cost associated with this request since no money was given for the easement at the time of formation and since the new sewer and easement will be provided at the expense of the applicant . RESOLUTION NO. 27-89 A RESOLUTION VACATING A PORTION OF A SANITARY SEWER EASEMENT IN THE CENTURY PLAZA PARKING LOT AND TO VACATE A PORTION OF A P.U.E. IN THE CENTURY PLAZA PARKING LOT PURSUANT TO CHAPTER 3, SECTION 8320, ET . SEQ. , OF THE STREETS AND HIGHWAYS CODE. NOW, THEREFORE, the Council of the City of Atascadero resolves as follows : WHEREAS , it is the intention of the City of Atascadero to abandon (1) a portion of the sanitary sewer easement in the Century Plaza parking lot , and (2) a portion of a public utility easement (PUE) in the Century Plaza parking lot as shown on attached Exhibit B, pursuant to Chapter 3, Section 8320 et , seq. , of the Streets and Highways Code ; and, WHEREAS, the proposed abandonment is categorically exempt from the provisions of the California Environmental Quality Act . (Class 5 ; Section 15305) ; and, WHEREAS, Copies of the map showing the particulars of the proposed abandonments are on file in the the Public Works Department ; and, WHEREAS, the City Clerk did cause the notice of this public hearing to be published in the manner required by Streets and Highways Code Section 8322 ; and., WHEREAS, the Director of Community Development has caused to be posted notices of vacation in compliance with Streets and Highways Code Section 8323; and, WHEREAS, the City Council finds that from all the evidence submitted, the portions of easements described in Exhibit B. attached hereto, are unnecessary for the present or prospective sewer , water or other public utility purposes and, ems. MEETING „ AGENDA ,- DAT 7 ITEM 0 # PLEASE REPLACE RES. N0. 27-89 WITH THE ATTACHED, AMENDED VERSION (ADDING PARA. 2 TO PAGE 2. ) RESOLUTION NO. 27-89 A RESOLUTION VACTING A PORTION OF A SANITARY SEWER 'SEMIENT IN THE CENTURY PLATA PARKING LOT AND TO VACATE A PORTION OF A P.U.E. IN THE CENTURY PLAZA PARKING LOT PURSUANT TO CHAPTER 3, SECTION 8320 , ET . SEQ. , OF THE STREETS AND HIGHWAYS CODE. NOW, THEREFORE, the Council of the Citv of Atascadero resolves as follows ; WHEREAS . it is the intention of the City of Atascadero to abandon C1) a portion of the sanitary sewer easement in the Century Plaza parking lot , and (2') a portion of a puD . utility easement (PUE) in the Century Plaza parking lot as shown on attached Exhibit B. pursuant to Chapter 3. Section 8320 et . seq. , of the Streets and Highways Code; and, WHEREAS , the proposed abandonment is categorically exempt from the provisions of the California Environmental Quality Act . (Claes 5 ; Section 15303) ; and, WHEREAS ma Copies of the showing the particulars of p T' the proposed abandonments are on file in the the Public Works Department ; and, WHEREAS , the City Clerk did cause the notice of this public hearing to be published in the manner required by Streets and Highways Code Section 8322 ; and. WHEREAS , the Director of Community Development has caused to be posted notices of vacation in compliance with Streets and Highways Code Section 8323 ; and, WHEREAS , the City Council finds that from all the evidence submitted, the portions of easements described in Exhibit B. attached hereto, are unnecessary for the present or prospective sewer, water or other public utility purposes ; and, • WHEREAS , the Indemnity Actreement Affecting meal Property referred to as Exhibit A and attached 'hereto has been duly executed by the owners of the property over which the portions of the easements in Exhibit B pass ; and WHEREAS , the vacation of the sanitary sewer easement is conditioned upon the construction of a new sanitary sewer and the acceptance of the sanitary sewer easement ; and WHEREAS , the City Clerk has been instructed to record said Indemnity Agreement and sanitary sewer easement prior to the recordation of the Resolution of Vacation . NOW, THEREFORE, BE IT RESt!LVED that the City Council hereby vacates a portion of a sanitary sewer easement in the Century Plaza parking lot as shown in the attached Exhibit B pursuant to Chapter 31 Section 83210 , et , sea. , of the "Z—Meets and Hhways Code and subject to the recordation of the Indemnity Agreement . This Resolution was passed and adopted on June 13, 1989 . AYES : NOES : ABSENT : ATTEST : BOYD C . SHARIT? BONITA BORGESON City Clerk Mayor APPROVER AS TO CONTENT : APPROVED AS TO FORM: PAUL M. SENSIBAUGH JEFFREY G. JORGENSEN Director of Public Works City Attorney City Engineer 0 • iWHEREAS , the Indemnity Agreement Affecting Real Property referred to as Exhibit A and attached hereto has been duly executed by the owners of the property over which the portions of the easements in Exhibit B pass ; and WHEREAS , the City Clerk has been instructed to record said Indemnity Agreement prior to the recordation of the Resolution of Vacation . NOW, THEREFORE. BE IT RESOLVED that the City Council hereby vacates a portion of a sanitary sewer easement in the Century Plaza parking lot as shown in the attached Exhibit B pursuant to Chapter 3, Section 8320, et , seq. , of the Streets and Highways Code and subject to the recordation of the Indemnity Agreement , This Resolution was passed and adopted on June 13, 1989. AYES : NOES : ABSENT : • ATTEST: BOYD C . SHARITZ BONITA BORGESON City Clerk Mavor APPROVED AS TO CONTENT : APPROVED AS TO FORM: dii PAUL M. SENSIBAUGH JEFFREY G. JORGENSEN Director of Public Works City Attorney City Engineer EXHIBIT "A" 1/5 Recording requested by: • Y When recorded mail to: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 APN 2,9- 36 INDEMNITY AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT is made and entered into this 7 day of �yivF , 19<59 , by and between EL CAMINO ASSOCIATES, a California General Partnership, hereinafter referred to as "Indemnitor", and the CITY OF ATASCADERO, a Municipal Corporation of the State of California, hereinafter referred to as "City". WHEREAS, Indemnitor is the owner of that certain real property located within the City of Atascadero, commonly known as Century Plaza, and more particularly described in the • attached Exhibit "B" incorporated herein as though fully set forth; and WHEREAS, Indemnitor has applied to the City of Atascadero for the partial abandonment of a sewer easement granted to the City and recorded at Volume 1556 of Official Records at Page 91 in the office of the County Recorder, County of San Luis Obispo; and WHEREAS, said partial abandonment of the sewer easement is necessary and convenient to the further development of Century Plaza by Indemnitor; and WHEREAS, said partial abandonment of the sewer easement will allow the construction of a building and other structures within close proximity to a main sewer line owned and operated by the City; and WHEREAS, in consideration for said partial abandonment of the sewer easement, the City requires that Indemnitor indemnify and hold harmless the City for any and all claims that may arise from the abandonment; NOW, THEREFORE, it is agreed by and between the parties as follows: 1 • EXHIBIT "P" 2/5 1. Indemnification. (a) Indemnitor shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, liability, and attorneys' fees and costs arising out of the above-referenced abandonment, including but not limited to any negligent act or omission to act, or any wrongful act, on the part of Indemnitor, or of agents, employees or independent contractors directly responsible to Indemnitor, which in any way causes damage to, interruption of, or interference with the remaining sewer easement or the sewer line owned and operated by the City of Atascadero. (b) Indemnitor shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, liability, and attorneys' fees and costs arising out of the above-referenced abandonment, including but not limited to any negligent act or omission to act, or any wrongful act, on the part of Indemnitor, or of agents, employees or independent contractors directly responsible to Indemnitor, or for any act or omission arising out of the operation, maintenance, or repair of the sewer line owned and operated by the City of Atascadero which causes any damage to, • interference with, or settlement to the proposed building to be constructed by Indemnitor as a part of the further development of Century Plaza along the perimeter of the remaining easement or newly recorded easement. (c) The foregoing shall apply to any wrongful act or any passively negligent act or omission to act, committed jointly or concurrently by Indemnitor, Indemnitor's agents, employees or independent contractors, and the City of Atascadero, its agents, employees or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require Indemnitor to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. 2 . Right of Entry. City shall have the right of reasonable entry onto the easement area, the partially abandoned easement area, and the adjacent land of Indemnitor during normal business hours for the purpose of operation, repair, or maintenance of City's sewer line, and at any time during an emergency. 3. Binding on Successors in Interest. This Indemnity Agreement shall run with the land described herein and shall inure to the benefit of and be binding on all parties hereto and on all heirs, assigns, or successors in interest. 2 • • EXHIBIT "A" 3/5 4. Modification. This Agreement constitutes the entire . understanding of the parties hereto, and no changes, amend- ments, or alterations shall be effective unless in writing and signed by all the parties or their successors in interest. 5. Costs and Attorneys' Fees. In the event Indemnitor or its successors in interest fail to indemnify City as provided hereunder, Indemnitor and its successors in interest agree to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorneys' fees. 6. Enforceability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 7. Agreement to be Recorded. Indemnitor and City intend and consent to the recordation of this Agreement in the office of the County Recorder in the County of San Luis Obispo. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. INDEMNITOR: EL CAMINO ASSOCIATES, a California General Partnership J S M. HARRI N, eth Fryer, anaging Genera Partner Gene 1 Partner B By - WI L A N, JR. , a n Little, Gen ral Partner General Partner 3 • EXHIBIT "A" 4/5 • CITY: CITY OF ATASCADERO, a Municipal Corporation By BONITA BORGESON, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: PAUL M. SENSIBAUGH, Public Works Director APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney JGJ:fr/6/6/89 C:AGATA680 • 4 • EXHIBIT "A" 5/5 ACKNOWLEDGMENTS STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss. On this day of , 19 , before me, a Notary Public, State of California, duly commissioned and sworn, personally appeared BONITA BORGESON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Mayor of the CITY OF ATASCADERO, a Municipal Corporation of the State of California, and acknowledged to me that said Municipal Corporation executed it. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. Notary Public, State of California [Notary Seal] STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss. On thy, day of 19before me, a Notary Public, State of California, dul commissioned and sworn, personally appeared JAMES M. HARRISON and WILLIAM J. WATSON, JR. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument as Managing General Partner and General Partner, respectively, of EL CAMINO ASSOCIATES, a California General Partnership, and acknowledged to me that said General Partnership executed it. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. PAIGE E. H. POLETTI NOTARY rusLIC SAN LUIS OBISPO COUNTY ' CALIFORNIA My Commission Expires on April 3, 1992 Notary lic, State o California [Notary Seal] • 5 • �"xh�6� S ATASCADERO LANES SEWER EASEMENT ABANDONMENT LEGAL DESCRIPTION All that portion of Parcel 3 of Parcel Map AT 85-225 record- ed February 29, 1988 in Book 43 Page 8 of Parcel Maps of the County of San Luis Obispo, State of California, as described in the deed recorded March 3, 1970 in Volume 1556 Pages 89-91 of Official Records of said County and as shown on Exhibit A at- tached hereto. f �^ ArAscAvew �Ait/ES 11 - .4,B.4�t/DON S�EQ \`� EASE/yE�/T, PEi2 dAp 89 Sovey NORTH COAST ENGINEERING,/NG -D"i A " e OWN tnp:wrim•taws sui.errD•ftod oe"lovmem 715 24th Street,Suite O SEWER EASEMENT Paso Robles,CA 93446 ts�zasa�n ABANDONMENT ATASCADERO LANES PIPELINE AND PUBLIC UTILITY EASEMENT ABANDONMENT LEGAL DESCRIPTION All that portion of Parcel 3 of Parcel Map AT 85-225 record- ed February 29, 1988 in Book 43 Page 8 of Parcel Maps of the County of San Luis Obispo, State of California, as described in Resolution 74-18 recorded January 23, 1974 by the County of San Luis Obispo in Volume 1762 Page 437 of Official Records of Said County and as shown on Exhibit B attached hereto. h/88194leg.dds rl .4T,gscAvE,w LANES _I I! ` .� ���wc Uriciry E4sEMEN�'• P R 1762 �e 437 spa Q �h Sovry NORTH COAST ENGINEERING,INC 715 24th Street,Suite O PIPELINE AND PUBLIC Paso Robles,CA 93446 UTILITY EASEMENT ABANDONMENT ow M3127 • MEET - AGENDA` rITEM —. / ErDATTINAC2. M E M O R A N D U M TO: City Council June 13, 1989 (cont . from 5/23/89) VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director SUBJECT: REQUEST FOR CHANGE TO THE ZONING ORDINANCE TEXT TO ADD "CLASSIC AUTO DEALERS AND MUSEUMS" AS A PERMITTED FREEWAY SIGN (AMERICAN CLASSICS) BACKGROUND: The City has received the attached letter from Jim Berger and Ken Craig for American Classics which is establishing an antique and classic automobile use in the former Atascadero Ford building at 8680 E1 Camino Real . They are desirous of placing a freeway sign on the former Aamco pole which is not permitted under the City' s zoning ordinance. Under provisions of the zoning text requests to amend the City' s zoning regulations, which apply to all properties in the City, require authorization by: "The City Council or Planning Commission, upon acceptance of a request from any interested party, including the Planning Director. Requests shall be in writing and shall include a description of the benefit to be derived as a result of the text amendment. " ANALYSIS: The standards of the zoning ordinance with respect to freeway identification signage is attached as Exhibit A and became effective May 13, 1988. Also included is the staff report rela- tive to this recent ordinance amendment. As noted under the present language, freeway identifications are only allowed "Where the principal use provides food or lodging or is a service station. " This amendment to the City' s standards was initiated by the City Council from a concern that too many uses were being granted freeway signage than was the Council' s or General Plan' s intent. Ironically, the Aamco sign on the applicant' s site was one of those that drew this kind of criticism. In tightening up the present ordinance to limit freeway identifi- cation signs to gas, food, and shelter, there was a clear intent to provide for the tourist' s basic needs . There are many beneficial businesses that could contend that their services or product would appeal to tourism, including the proposed use. Moreover, large scale projects are recognized as meriting up to 60 square feet of building-mounted freeway-oriented signs . The proposed project is housed in a building of 10,000 square feet; Hence, they could apply for a conditional use permit for such signage. The attached staff report provides the rationale for the present ordinance language with the General Plan indicating: "Tourist Commercial provides for uses that serve the travel- ing public such as motels, restaurants, and automotive services . These services are properly located at intersec- tions of major inter-community routes where permanent accesses are constructed and which have some high aesthetic value. " Also, the Uniform Sign Code identifies a freeway sign as follows: "Freeway oriented sign (controlled access highway sign) - Any sign identifying premises where food, lodging, or places of business are located that engage in supplying goods and services essential to normal operation of motor vehicles, and where businesses are directly dependent on the adjacent freeway for business . " Hence, notwithstanding the positive nature of the proposed antique and classic automobile use at the location proposed, relaxation of the City' s Freeway Signage Standards for this particular use would not appear consistent with the goals of the General Plan nor the standard interpretation of what a freeway sign is for. RECOMMENDATION: Staff would recommend that the Council not initiate for consider- ation a zoning ordinance text amendment permitting classic auto dealers and museums to be entitled to a freeway sign. HE:ps Enclosure: April 28, 1989 Text Amendment Request - American Classics Exhibit A - Freeway Identification Sign Ordinance January 19, 1988 staff report to Planning Commission: "Freeway Signs" cc: James T. Berger Ken Craig AMERICAN CLASSICS P . 0. Box 2003 Atascadero , Ca. 93423 Community Development Dept. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, Ca. 93422 Gentlemen: We are applying for an amendment to your zoning ordinance text, Section 9-4.134 (F) , sub paragraph 1. Our request is to add antique classic auto dealers and museum to your allowed categories contained in the existing ordinance. Our business is unique in the fact that we deal only in antique and classic automobiles. Our business will depend largely on tourists traveling the freeway. In order to get the tourist attention, we need a sign visable from the freeway. It' s a proven fact that 90% of all dealerships with freeway visability are more successful than those without. When we purchased the property, we were aware that the building was designed and built in the late 1920 's as a auto dealership and that a freeway sign has been used continually since the freeway was finished. We have accomplished a clean-up of the property compared to the last tenant 's operation, and will be one of the places of attraction to people traveling Highway 101. In conclusion, we respect your policy of limiting freeway signs to tourist-oriented businesses. Our business is tourist oriented and hereby, we ask you in this application to allow us the same right of visual assist as other businesses , bringing revenues from other regions . Thank you for your consideration in this application. Your ruly QKen e eBr- Craig is EFFECTIVE DATE: _iY 13, 1988 EXHIBIT A . Section 9-4. 134 ( f) of the City of Atascadero Zoning Ordinance is amended to read as follows (note : text shown da&hed is deleted, text shown underlined is added) : "Freeway Identification Signs : In addition to signs allowed by Subsection a of this Section, sites located in the CR, CS, CT, and CPK Zones adjacent to Highway 101 or a Highway 101 frontage road may be authorized through Conditional Use Permit approval to use an onsite freeway identification sign as provided below: ( 1 ) Where the principal use erovides food or lodging, or is a service station as defined in Section 9-3. 701 , a po e mounted sign may be allowed with a maximum area not to exceed 125 square feet . The maximum height for pole mounted freeway identification signs is to be 50 feet above grade, provided that the Planning Commission may. require a reduced height where deemed appropriate. (2) -Where the principal use is a planned shopping, office, or industrial complex with five or more tenants, a building mounted freeway oriented sign, which states the name of the center or the principal tenant (s) , may be allowed with a maximum area not to exceed 60 square feet (per principal tenant) . (3) Where the building area of a single tenant building exceeds 10, 000 square feet, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed 60 square feet . In reviewing a Conditional Use Permit , the following faeters findings shall be een&i=dered made: ( i ) The type of eetrmerei-a+ activity requesting the signing is specified in Section 9-4 . 134 (f) and the need for such signing is based on the purposes set forth in Section 9-4. 1361 ; and ( ii ) The opportunity to combine signs for more than one use on the same pole has been considered; and (-i-rt} 'fhe-ar�ai-l-abi-I-ri;p-ef-ether-�ypeg-ef-si-gr�i-rtg-aiang Atte-freewa}�;-and Fry} ( iii ) The sign area and height are the minimum needed to achieve adequate visibility along the freeway due to ramp locations and grade differences. " — • 0 CITY OF ATASCADERO Item: B-2 STAFF REPORT FOR: Planning Commission Meeting Date: January 19, 1988 BY:Axlqteven L. DeCamp, Senior Planner File No: ZC 17-87 SUBJECT: Revision of the Zoning Ordinance's sign regulations relative to the establishment of pole mounted "Freeway Signs" and "Freeway Oriented" building mounted signs. BACKGROUND: Section 9-4. 134. (f) (Freeway Identification Signs) of the City' s Zoning Ordinance provides for the erection of "Freeway Signs" in certain commercial zones. This section also establishes design standards for such signs and criteria for their approval through the Conditional Use Permit process. The City Council has initiated a Zoning Ordinance Amendment to provide additional, specific guidance relative to the types of freeway oriented signs allowed and their location on the site or building. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .City of Atascadero 2. Project Address. . . . . . . . . . . . . .City wide 3. Environmental Status. . . . . . . . .Negative Declaration posted December 21, 1987 B. ANALYSIS: Standards for freeway signs and freeway oriented signs are contained in Section 9-4. 134. (f) of the Zoning Ordinance. This Section provides as follows: "Freeway Identification Signs: In addition to signs allowed by Subsection a of this Section, sites located in the CR, CS, CT, and CPR Zones adjacent to Highway 101 or a Highway 101 frontage road may be authorized through Conditional Use Permit approval to use an onsite freeway identification sign with a maximum area not to exceed 125 square feet. The maximum height for freeway identification signs is to be 50 feet above grade, provided that • the Planning Commission may require a reduced height where deemed appropriate. In reviewing a Conditional Use Permit, the following factors shall be considered: ZC 17-87 January 19, 1998 Page 2 (i) The type of commercial activity requesting the signing and the need for such signing based on the purposes set forth in Section 9-4.130; and (ii) The opportunity to combine signs for more than one use on the same pole; and (iii) The availability of other types of signing along the freeway; and (iv) The sign area and height needed to achieve adequate visibility along the freeway due to ramp locations and grade differences. " The Land Use Element of the City's General Plan contains the following policy language relative to signage within the City: "The key to optimum commercial development in Atascadero is: . . . (4) Location of highway businesses near key freeway accesses. " "Commercial uses shall be developed in clusters to encourage concentrations of compatible retail trade service. Each cluster shall be developed in a coordinated architectural design. The signing and identification of the stores in jeach cluster shall be combined, thus reducing the confusing clutter. " "Tourist commercial provides for uses that serve the traveling public such as motels, restaurants, and automotive services. These services are properly located at i intersections of major inter-community routes where permanent accesses are constructed and which have some high aesthetic value. " "Development of these areas shall relate strictly to the environmental and aesthetic principles suggested in the Atascadero Policy statement and outlined in the Community Appearance chapter of this plan. " i j The Community Appearance and Standards element of the City's General Plan also contains policy language that is germane to the discussion of freeway oriented signs. Goal No. 7 reads as follows: "7. Freeway and other vehicular approaches to Atascadero . shall be made more attractive through judicious application of the elements of landscaping and site • ZC 17-87 January 19, 1988 Page 3 development (i.e. , setbacks, building location, signs, and vacant space) . An abatement program to encourage removal of deteriorating out-buildings and cleanup of premises and vacant lots shall be instituted. Maintenance and beautification of existing facilities shall be encouraged. " Policies established in the "Central Business District" section of the Community Appearance and Standards element alsoaddress the issues of signs. Policy No. 4 states: N. Signing: Well designed and maintained signs, properly related to the activities to which they pertain, are a necessary part of the community. Proper use of color, materials, and lighting, compatible with the surrounding area, is important. a. Signing shall be in harmony with community standards, as applied to each development. b. Standards for maximum allowable height, length, width, and area shall be adopted, related in each instance to building size, site development, etc. C. Signing shall not project into the street or sidewalk nor above the building. d. Lighting of signing shall be constant and be directed or shielded so as not to interfere with pedestrian or vehicular movement. e. Provisions of the signing ordinance shall be vigorously enforced. f. Off-site commercial signing shall not be permitted. " Referring again to the Zoning Ordinance, Section 9-4.131 identifies factors, in addition to the standards and policies recited above, which are to be considered in the review of freeway identification signs. The purposes for signing are noted as: (1) for identifying businesses, (2) to serve as information bases, and (3) to insure the safety of the general public by not creating distractions. Despite the number of references in both the General Plan and the Zoning Ordinance to signs in general, and "freeway" signs in particular, there is little guidance given as to the types of ZC 17-87 • January 19, 1988 Page 4 uses which should be allowed to utilize freeway identification signs. Following adoption of the current Zoning Ordinance in 1983, freeway sign approvals were generally limited to travel- oriented businesses such as restaurants, gas stations, and motels. In recent years, however, the Planning Commission has taken a more liberal view and has approved freeway signs for such uses as a transmission shop, auto body shop, auto dealer, a boat servicing facility, and a general merchandise store. This shift in direction has resulted in confusion as to which uses may have such signs, and a proliferation of signs along the freeway which may not meet the intent of the General Plan's policy statements. The Zoning Ordinance should provide guidance as to which uses can take advantage of freeway signs, if there is community desire to limit such signs to specific uses. Where limits are imposed, it is most common to see uses limited to "gas, food, and lodging. " These are the uses traditionally associated with freeway travel and which rely directly on highway travelers for patronage. The Uniform Sign Code, in fact, identifies a freeway sign as follows: "Freeway oriented sign (controlled access highway sign) - Any sign identifying premises where food, lodging, or places of business are located that engage in supplying goods and services essential to normal operation of motor vehicles, and where businesses are directly dependent on the adjacent freeway for business. " In addition to these more traditional candidates for freeway signs, it may be desirable to allow freeway oriented signs for those commercial centers that rely on highway travelers for a major portion of their business. Planned shopping, office, or industrial complexes with five or more tenants could be allowed freeway identification signs limited to the name of the center, or principal tenant. Such centers are often of more than local significance and will benefit from freeway identification. Providing freeway oriented signs for the uses noted above will meet the legitimate need for identification of highway oriented businesses and major commercial developments. At the same time, the General Plan policies intended to improve the appearance of the City and avoid the visual clutter of excessive signage will be satisfied. M ZC 17-87 January 19, 1988 Page 5 C. RECOMMENDATION: Staff recommends approval of Zone Change 17-87 amending the text of the Zoning Ordinance as indicated in Exhibit A to the attached draft ordinance. ATTACHMENTS: Draft Ordinance SLD\ • • ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO FREEWAY IDENTIFICATION SIGNS AND POLE MOUNTED SIGNS (CITY OF ATASCADERO ZC 17-87) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the Atascadero Planning Commission held a public hearing on January 19, 1988, and has recommended approval of the Zoning Ordinance text amendment; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and 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, and specifically, policies pertaining to signing as expressed in the General Plan Community Appearance and Standards element. 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. Zoning Ordinance Text Amendment 17-87 is approved to change the text of the Zoning Ordinance as shown in the attached Exhibit A, which is made a part of this Ordinance by reference. Ordinance No. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by the motion as approved by the following role call vote: AYES: . NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director EXHIBIT A Section 9-4. 134 (f) of the City of Atascadero Zoning Ordinance is amended to read as follows (note: text shown daslged is deleted, text shown underlined is added) : "Freeway Identification Signs: In addition to signs allowed by Subsection a of this Section, sites located in the CR, CS, CT, and CPK Zones adjacent to Highway 101 or a Highway 101 frontage road may be authorized through Conditional Use Permit approval to use an onsite freeway identification sign as provided below: (1) Where the principal use provides food or lodging, or is a service station as defined in Section 9-3.701, a pole mounted sign may be allowed with a maximum area not to exceed 125 square feet. The maximum height for pole mounted freeway identification signs is to be 50 feet above grade, provided that the Planning Commission may require a reduced height where deemed appropriate. (2) Where the principal use is a planned shopping, office, or industrial complex with five or more tenants,_ a building mounted freeway oriented sign, which states the name of the center or the principal tenant, may be allowed with a maximum area of 15% of the building face not to exceed 60 square feet. In reviewing a Conditional Use Permit, the following faetars findings shall be earrsfdered made: (i) The type of commercial activity requesting the signing is specified in Section 9-4. 134 (f) and the need for such signing is based on the purposes set forth in Section 9-4. 1381; and f f} �l�ce-e�sger �a �-to-eemb -e#-grrs-€er-more-than-eae tree-as-tl�e-sante-pale;-aad +i4l* The-avairl-ab-14tty-a€-&t-her-t-yLpes�f -aIroag the-free�ral•;-aad +i-tt} (ii) The sign area and height are the minimum needed to achieve adequate visibility along the freeway due to ramp locations and grade differences. " Ej�- / DMA M E M O R A N D U M TO: City Council June 13, 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director 14& SUBJECT: ZONE CHANGE 17-88: 2ND READING (Danish Care Center) BACKGROUND: On May 23, 1989, the City Council conducted a public hearing on the above-referenced application and approved Ordinance 194 on first reading with deletion of "facilities such as " in Exhibit A. RECOMMENDATION: Appoval of Ordinance 194 by: 1 . Adoption of Ordinance 194 on second reading. HE:ps Enclosure: Ordinance 194 ORDINANCE NO. 194 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT REGARDING MAXIMUM POPULATION DENSITY ALLOWED FOR GROUP QUARTERS (ZC 17-88: DANISH CARE CENTER) WHEREAS, the proposed zoning text amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on April 4, 1989 and has recommended approval of Zone Change 17-88 . 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. Zoning Ordinance Text Amendment 17-88 is approved to change the text of the Zoning Ordinance as shown in the attached Exhibit "A" , which is made a part hereof by reference. PAGE TWO. • • ORDINANCE N0 . 194 Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing ordinance is hereby adopted in its entirety y the following roll call vote: AYES: NOES: • ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA ATTEST: BONITA BORGESON, MAYOR BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: Lkzc� HENRY ENGE , Commun Dev. Director i EXHIBIT "A" Section 9-3 . 175, Subsection (d) shall be amended to read as follows: (d) Group Quarters: Maximum population density for group quarters shall be as follows: Maximum Population Density Low Density Multi-Family 22 persons/net acre* Residential High Density Multi-Family 36 persons/net acre* Residential *FOR SKILLED NURSING FACILITIES WHERE RESIDENTS ARE PRIMARILY • NONAMBULATORY, THE FOLLOWING MAXIMUM BED/NET ACRE DENSITIES MAY BE PERMITTED, SUBJECT TO PLANNING COMMISSION CONDITIONAL USE PERMIT APPROVAL: RMF-10 DISTRICT - THIRTY-FOUR (34) BEDS PER NET ACRE RMF-16 DISTRICT - FIFTY-FIVE (55) BEDS PER NET ACRE SUCH APPROVAL SHALL REQUIRE A FINDING THAT THE AVERAGE DAILY TRAFFIC GENERATED BY THE PROJECT WOULD NOT EXCEED THAT OF A MULTI-FAMILY PROJECT. THE PROJECT WOULD BE FURTHER SUBJECT TO THE "PERCENT COVERAGE" CONSTRAINTS OF SECTION 9-3.176 (a) OF THE DISTRICT. OFF-STREET PARKING REQUIREMENTS WOULD BE AS ESTABLISHED BY THE PLANNING COMMISSION. Revised 5/23/89 MEET' AGENDA e. M E M O R A N D U M TO: City Council June 13, 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director 1�6 SUBJECT: General Plan Cycle 2-89 BACKGROUND: On May 16, 1989, the Planning Commission considered the General Plan applications submitted for the second cycle of 1989 . On a 6 :0 vote, the Commission recommended that General Plan Amendments 2A and 2B be deferred by the City Council and referred for consideration within the context of the General Plan Update Program. There was discussion as reflected in the attached minutes excerpt. . RECOMMENDATION: Per the Planning Commission' s recommendation, defer the general plan amendments for Cycle 2 - 1989 and consider within the General Plan Update Program in context with other areawide land use changes . HE :ps Enclosures: Staff Report - May 16, 1989 Planning Commission Minutes Excerpt - May 16, 1989 CITY OF ATASCADERO Item: B. 2 STAFF REPORT FOR: Planning Commission Meeting Date: May 16, 1989 BY: Steven L. DeCamp, Senior Planner File No: GP Cycle 2-89 SUBJECT: Preliminary review of those General Plan Amendment applications submitted for analysis and action in the second cycle of 1989. BACKGROUND: The application period for the second cycle of General Plan amendments for 1989 closed on April 1, 1989. The purpose of this report is to allow the Planning Commission an opportunity to recommend approval or modification of the proposed study areas for the amendments initiated by private property owners. In addition, the Planning Commission can use this as an opportunity to initiate any additional amendments to the City's General Plan. As with prior amendment cycles, staff will recommend that Zoning . Ordinance text and/or map revisions, as needed, be processed concurrently with the corresponding General Plan amendment proposals. PROPOSED AMENDMENTS: Following is a brief description of the amendment requests currently in process and staff's recommendation for study area boundaries. Staff is not recommending that any additional City initiated General Plan amendments be undertaken at this time because of the ongoing work on the General Plan Revision Program. GP 2A-89 - 4155 Carrizo Road (Lopez-Balbontin) [] "Suburban Single Family" to "Moderate Density Single Family" [] RS (Residential Suburban) to RSF-Y (Residential Single Family) The applicant has submitted a General Plan map amendment request for a 4. 0 acre parcel at the intersection of Traffic Way and Carrizo Road. The property is currently developed with a single- family home and various out buildings. The subject property is designated for Suburban Single Family development on the General Plan map. The property to the north, south and west of this site is designated the same. The property to the east is designated "Public. " The property is currently zoned RS (Residential Suburban) which has a 2.5 to 10.0 acre minimum lot size. *1 1 40) The applicant is requesting that the General Plan designation of his property be changed to Moderate Density Single Family. The appropriate zoning district for this designation would be RSF-Y which allows for lot sizes of 1.0 acre with sewer service and 1. 5 acres without sewers. The subject property is not included within the boundaries of the Urban Services Line (USL) and thus can not be provided with sewer service. All other property within the City which is designated "Moderate Density Single Family" and which is zoned RSF-Y is, however, included within the Urban Services Line. Staff believes, therefore, that a study of the inclusion of the property within the USL would be necessary as part of the requested General Plan amendment. Expansion of the Urban Services Line to the area of the proposed General Plan amendment raises significant Land Use Policy issues. In addition, because the USL currently terminates near San Jacinto at Traffic Way, the study area for such an expansion would necessarily be very large. Although an Initial Study has not yet been conducted, it appears probable that expansion of the USL to the degree anticipated here would require the preparation and review of an Environmental Impact Report. Staff believes that this application can not be reviewed and acted upon on its own merits. It is necessary to greatly expand the study area for this proposal to include those parcels located between the current terminus of the Urban Services Line and the applicant's property. To amend a smaller area of the plan could constitute "spot zoning" and would promote leap-frog development. A logical western boundary of an expanded study area for this application would be E1 Camino Real. This addition would provide a more logical boundary for any resultant change to the General Plan map. There would, of course, need to be a concurrent zone change necessary for this proposal. GP 2B-89 - 7900 Santa Ynez (Sommer) H "Moderate Density Single Family" to "High Density Single Family" H LSF-Y (Limited Single Family) to LSF-X (Limited Single Family The applicant has submitted a General Plan map amendment request for the area bounded generally by Atascadero Creek on the west, the Commercial strip along Morro Road on the east, Atascadero Ave. on the north, and the Commercial zoning near Portola Ave. on the south. This area is designated for Moderate Density Single Family development on the General Plan map. The subject property is largely developed with single family homes. These parcels are currently zoned LSF-Y (Limited Single Family ie. , no farm animal raising) which has minimum lot sizes of 1. 0 acre 2 when sanitary sewer service is available and 1 . 5 acres when sewers are not available. Sanitary sewer service is available to the area under discussion. The applicant is requesting that the General Plan designation of the subject area be changed to High Density Single Family. The appropriate zoning district for this designation would be LSF-X which allows for lot sizes of 0.5 acre. The documentation submitted with the General Plan amendment/Zone change application indicates that the applicant' s parcel is the only lot within the study area which could be subdivided as a result of approval of this proposal. There may, however, be other contiguous lots within the area which could be combined and subsequently further divided. The proposed land use amendment covers a significant geographical area and a large number of parcels. Even if the growth inducing impacts of the proposal are found to be minimal within the study area, the effects on the larger community outside that study area need to be considered. The current General Plan Update Program appears to be a more logical vehicle for assessing the impacts of such changes. CONCLUSIONS: Staff believes that areawide or neighborhood amendments to the General Plan should be reviewed in context with other changes that may be proposed as part of the General Plan Update Program. Although both of the amendment requests submitted this cycle may merit consideration, the impacts and trends inherent in the proposals are, in one case significant, and in the other case undetermined. Such proposals should not be analyzed as isolated events, but should be reviewed for their overall impact on the achievement of the City' s goals and policies. RECOMMENDATION: The Commission should recommend to the City Council that the General Plan amendment applications received for the second cycle of 1989 be deferred and considered within the General Plan Update Program in context with other areawide land use changes. ATTACHMENTS: Map Exhibits (5) SLD/ 3 EXHIBIT A GP 2A-89 / ZC 4-89 CITY OF ATASCADERO ,;,�-7 Exisitng General Plan COMMUNITY DEVELOPMENT • DEPARTMENT comma w1Wo PUBLI 7OCAR I I 1 ( j i TY1 aPFK'.: rwarslr REOUESTED AMENDMENT AREA I RETAIL 4155 CARR RD. : L!E Ecom NSI/TY •° W b1ZI-F ILY • `LTJ/ EL E Ch coLW �f z / C M �- R Eli L Pq MM I - i .►n�°"--_=won°_ EXHIBIT B CITY OF ATASCADERO GP 2A-89 / ZC 4-89 Existing Zoning COMMUNITY DEVELOPMENT � I DEPARTMENT . - ANOCRII � i RS (F � I I--- � � REQUESTED AMENDMENT AREA T � C 1 4155 CARRIZO RD. 11 1, V V ' � 11 `'a ! • 6 8 Y / t �1 tN aO GE44 i CRIL t°i L Z7- Gam,+ I c �.. H) RS ` ROA r' 11 - AM= - 1-MIN ON m RV `,��\� •���\ �•��\��'����\u \ NIS — It NMI NMI NN AV iL . � .� 'T�►v•ori well EXHIBIT D G CITY OF ATASCADERO P 2B-89 / ZC 5-89 Existing General Plan — CAD �. COMMUNITY DEVELOPMENT DEPARTMENT TSayl •' ' - 1F r kv �.:►rE \ \ ,tib,`i P u — j�1 Com , j F�� L S1 JL ve \ y , OHS PSB Oc- - , a� co _ L UT e/IfLY4i ^14,��YJa Ta z---—•-- \ �`� IF ' »_--"-✓� ,(', REQUESTED AMENDMENT AREA Xx Aj // !sem / �i �. , I '✓ �` •C E 1-110 wE` Is i CA HIGH m ITY � LE �Ti i •a r 11111`I'1A :r Mor r'�Lfif if r •�� ,rrLr irr, rl�i IJIp 1 tv PpAr rid 111 ••'' a ;r .rr � Planning Commission - Minutes Excerpt - May 16 , 1989 M ION: Made by Commissioner Tobey, seconded by Co s- sioner Highland and carried 6:0 to approv the Consent Calendar as presented. B. HEARINGS, A EARANCES, AND REPORTS 1. TENTATIVE RCEL MAP 21-88 : Request init ted by James and D lene Watson (Cuesta Engineering) t allow subdivis 'on of three lots of 4.22 acres into four rcels cont ning 1 .00, 1 .00, 1 . 00 and 1. 22 acres each.- "subject to is located at 8600 Atascadero Road (CO FROM COMMISSION MEETING OF APRIL 18, 1989) . Steve Decamp presented a staf report and supported the applicant' s request r a continu ce of the proposed pro- ject redesign. In esponse to ques 'ons, he noted it could take up to two m the to have this ma er back on the Planning Commi ion' s Agenda. John Falke tien, Cuesta Engineering, indic ed concurrence with sta recommendation but requested that fort be made to fac' itate the rescheduling on the Commissio ' s agenda. M ON: Motion by Commissioner Luna, seconded by mmis- sioner Highland and carried 6 :0 to approve e continuation of proposed Tentative Parcel Map 1- 88 to a future date. 2. GENERAL PLAN CYCLE 2-89 : Preliminary review of those General Plan Amendment applications submitted for analysis and action in the second cycle of 1989. Commissioner Lopez-Balbontin stepped down from consideration of this item. Steve Decamp presented the staff report recommending that both the GP 2A-89 and GP 2B-89 be recommended for deferral and referred to the General Plan Update Program for consid- . enation in the context of other area-wide land use changes. Under Commission discussion, it was noted that the general plan amendment request for 4155 Carrizo Road would trigger a need to look at the whole neighborhood to be within the urban service line. The scale of this would generate an environmental impact report requirement. Although, it was acknowledged that the lot sizes in the immediate area of the request - which were established under County Zoning - could -2- 0 0 Planning Commission - Minutes Excerpt - May 16 , 1989 argue for a smaller lot size. Moreover, there is no moder- ate density single family General Plan designations existing in the City beyond the urban service line, and this is the category that would have to be considered for this request. Mrs. Lopez-Balbontin spoke to the history of an April 1986 action by the City Council on this same request which had been recommended for denial by staff as being a spot-zone situation. It was their understanding that the matter would be given special study, but it was not, and as a result they have re-applied for consideration. Commissioner Highland noted that RSF-Y lot sizes require mandatory movement of the urban service line to include the area. GP 2B-89 involves a property at 7900 Santa Ynez and the applicants are requesting change from Moderate Density Single Family to High Density Single Family. Steve DeCamp advised that this too calls into question a similarly large study area between the Atascadero Creek and Morro Road frontage. It is expected that a hearing draft of the General Plan Update will be ready by December of this year. Under discussion, it was noted that should the request be deferred that refunds would be in order. Discussion also focused on proximity to flood hazard areas and whether riparian properties could be included in the study area. Deborah Hallowell, Cuesta Engineering, on behalf of the applicant, 'indicated that they would be in concurrence with the deferral of the request, given consideration of the request as part of the general plan update. Their data would indicate that there are some 181 lots in the area, all of which are below one acre in size and 158 lots in the area that are less than 1/2 acre. To change the land use designation would just reflect the reality of existing lot sizes. There are only some four undeveloped lots in the area, so the "combining problem" that led to unexpected lot splits in the Coromar area would not occur here. NOTION: Made by Commissioner Brasher, seconded by commis- sioner Luna and carried 6 :0 to recommend that the General Plan Amendments 2A and 2B be deferred by the City. Council and referred for consideration within the context of the General Plan Update Program. At this point Chairperson Lochri declared a 10 minute break. 3. ZONE CHANGE 15- Consi erat ' o referral by City Council of draft revisio to Ordinance No. 168 (Tree Ordinance) . (CO HUED FROM THE PLANNING COMMISSION MEETING OF MAY 1989) . -3 ME TfN AGENDA DAT /3 REM I M E M O R A N D U M DATE: June 5, 1989 TO: City Council Members VIA: Ray Windsor , City Manager FROM: Andrew J. Takata, Director Department of Parks, Recreation and Zoo SUBJECT: ESTABLISHMENT OF FEES FOR SEVEN DAYS PER WEEK DURING SUMMER MONTHS - CHARLES PADDOCK ZOO It is being proposed that Charles Paddock Zoo no longer offer free entrance on Tuesdays and Wednesdays during the summer months from Memorial Day through Labor Day. If implemented, this proposal would provide 28 additional charge days, and create a need for a full-time Cashier . The average summer revenue, from July to August , 1988, on Mondays, Thursdays, and Fridays was an average of $142.50 per day. Estimated revenues for fees on the non-fee days of Tuesdays and Wednesdays for the aforementioned period would be 28 days times $142.50 per day, equaling $3,990.00 gross revenues. Cashier expenses for 28 days, times 7 hours per day, times $5 per hour , equals a gross expenditure of $980.00. $3,990.00 gross revenue minus $980.00 gross expenditure equals $3,010.00 net revenues. Also, if fees are required for Tuesdays and Wednesdays, additional signage costs of approximately $100.00 would be incurred. This expenditure would adjust the total net revenue funds received to $2910.00 OPTIONS ANALYSIS; OPTION 1 • Continue free zoo entrance days at Charles Paddock Zoo on Tuesdays and Wednesdays and provide a donation box for patron use. Advantage: Continued provision of non-fee days, as in the past. Disadvantage• 1 . Reduced revenues for the zoo. 2. The absence of the Cashier as an information person. 3. Closure of the Tiki Hut Concession (operated by the Cashier ) during operating hours. OPTION 2: Institute entrance fees for Tuesdays and Wednesdays from Memorial Day through Labor Day. Advantage: 1 . Additional revenues would help offset zoo operation costs and capital improvements. 2. The Cashier could be available to operate the Tiki Hut Concession, which receives approximately $99.00 per day for an approximate increase for 26 additional days of $2,772.00 additional revenues (which would ultimately come back to the zoo through the Zoological Society) . 3. The Cashier would be available for information purposes. It is noted that with this option, additional signage costs of approximately $100 would be incurred. This expenditure would adjust the total funds received to $2918.00. It appears that total operation revenues could net approximately $5,690.00 additional funds if non-fee days were cancelled. RECOMMENDATION: Therefore, it is recommended that staff be directed to cancel non-fee days for Charles Paddock Zoo from Memorial Day through Labor Day in the future, beginning this year. AJT: kv ; Zoo6 MDA EETt�tC� AGEN # PLEASE INSERT INTO COUNCIL • E)ATF......�31 ('Eµ# ____ AGENDA PACKET FOR 6/13/89 - M E M O R A N D U M To : City Council Through : Ray Windsor , City Manager + From: Mark Joseph , Director of Admin. Services//1/1 Date: June 9, 1989 Subject : Setting Budget Hearing Sessions Background As mentioned at Council ' s May 23, 1989, meeting , at least two work sessions on the budget need to be scheduled , as well as a notice of public hearing for the actual budget adoption. This report discusses some possible dates for Council ' s consideration. Discussion In order to adopt the budget by July 1 , 1989, work sessions need to be conducted during the week of June 19, 1989. Preferred dates and times would be Wednesday, Thursday and/or Friday, June 21 - 23, starting either at 3:00 p .m. , or 5: 15 p .m. The specific dates and times can be arranged during the June 13 Council meeting . The purpose of the work sessions is twofold . First , to give staff the opportunity to highlight any changes in services or staffing , as well as to answer any questions from Council . Second , a separate workshop is needed to allow community groups to discuss their funding requests with Council . To address public noticing requirements, Council could adjourn its June 13 session to the specific work session(s) . By holding them during the week of June 19, the 72 hour requirement would be met . The public hearing on the budget would be held at Council ' s June 27 meeting . The ten day notice requirement would be met by publishing the date by Friday, June 16. At the end of the public hearing , the budget itself (as amended by Council ) could be adopted by resolution. In the event the sessions cannot be held the third week of June, a separate strategy may need to be pursued . In this scenario , a continuing appropriation resolution will be required on June 27 to allow City operations to continue during July. • i This would then allow adequate time to set the necessary dates and hearings. Recommendation Staff recommends that at least two sessions be set for the week of June 19, 1989, with the public hearing and budget adoption set for June 27, 1989. MAJ:al b\worksess.90 MEET � oA nEM�r MEMORANDUM TO: Citv Council THROUGH: Rav Windsor , Citv Manager FROM: Paul Sensibauah , Director of Public Works SUBJECT: Recycling Committee DATE: June 6 , 1989 Recommendation : Staff recommends that Council appoint the four citizens listed below to the ad hoc Recvclina Committee . Background: At the Council meeting of May 91, staff was directed to advertise for volunteers for the five Citizen-at-large positions on the Recycling Committee. Discussion : The following_ four citizens have volunteered to serve on the committee : Mr. Ralph Bates Mr . Craig Dingman Ms . Michelle Velasco Mr. Ronald Vicarino In addition, an application was received from Mr . James Patterson who, while not a citizen of Atascadero, is a local businessman. Mr . Patterson has extensive experience in recylina and has been a member of ECOSLO since 1974 . Mr . Patterson should be considered an excellent candidate to fill the "Local Recycler" position. Fiscal Impact : There is no cost to the City for this program. i • i :_ a►anr 1918 t D 8 1=� 6; 1979 A P P L I CAT I ON �i C CITY OF ATASCADERO RECYCLING COMMITTEE MEMBER Name: Address: �7 .l �©C 1,e\1,4 ZQ !V Xf ��l < .474S C4 (residence) (mailing) Telephone No: 4Z'� Z' —C '2S .S Occupation: /`G� �r� eC/ —-2).A 77A PLEASE GIVE A SUMMARY OF YOUR EDUCATION, EXPERIENCE, AND/OR REASONS FOR WISHING TO SERVE ON THE ATASCADERO RECYCLING COMMITTEE: qe)j eC7 ,�e^odYjo z`e 2��le ire c // � c rDd/'��uc�s 470 e,-.%j o ' c+ aeG � C !/� d' P_c Q •�'I G C?Z 4 ®'� o y r C �l t��l L 4112 c/ o �� z` ,�� v,o l� <%� �o/ve d w `�'y.► deo�� %� s,�1e 074- c 74-c lCgA lf!-'cy4� .S�e"y c G�' �G'�4 J�/'D C��'�"/ al '� .�iU CG � m� m r C/, J. ,�•��/X4� �ci�l`�S .471-4 sc4 2 e c y �% - � I HEREBY CERTIFY THAT THE FOREGOING IS CO RRE T, AND THAT_I AM A REGISTERED VOTER ITY 0. ame) (Date) nuaNr-:, alphr• 1918 D B i'. ei !9 9 RECEIVED MAY AY 1 C 1989 ATASC ZM Wy can A P P L I C A T I O N CITY OF ATASCADERO RECYCLING COMMITTEE MEMBER Name: Craic1 Dingman Address: 6620 Atascadero Ave Atascadero CA 93422 Same (residence) (mailing) Telephone No: 466-6504 Occupation: REALTOR LEASE GIVE A SUMMARY OF YOUR EDUCATION, EXPERIENCE, AND/OR REASONS FOR ISHING TO SERVE ON THE ATASCADERO RECYCLING COMMITTEE: I believe strong recycling programs are essential' to quality survival of the planet into the 21st Century. The place to start is at home. Atascadero is MY new home and I feel that a program started here in a timely manner will make the City a better place. to live and will be good for its image. As I am new to town and to business in the area, I need to expand my circle of acquaintance, and I view serving on the Co mittee as an opportunity to do that and to accaaplish scmethincr positive for the City and the planet at the same time I have a lot of experience working with committees and boards of directors because Of my background as a hMemmer associations manager. I believe this experience will enable me to contribute to the smooth functioning of the Committee. My resume and references are attached for your consideration, I commend the Council for initiating this program and look forward to the opportunity to serve, -' I HEREBY CERTIFY THAT THE FOREGOING IS CORRECT, AND THAT I AM A REGISTERED *TER THE CI-TY OF ATASCADERO. / Name) (Date) RESUME Craig L. Dingman 6620 A.tascadero Ave. Atascadero, CA 93422 605- 466-4547 7/85 -12/88 Hornecwner Associations }:anaaer Community Property Management, Camarillo, CA Managed a portfolio of accounts, representing approximately $200,000,000 in property value and over 2 ,000 residential units, for a large management firm. This was a "do everthira" job with the primary function of providing direct assistance to boards of directors in meetina their legal, fiduciary and practical obligations to the members of their associations. Position reauired effective interfacing with contractors , attorneys, accountants, homeowner members of the associations and their tenants. Specific responsibilities included preparation of agendas for board meetings, handling of correspondence on behalf of boards, filing liens and initiating collection on delin- quent members, signing all checks issued by the associations and conductinq regular board meetings and annual meetings of members �.!Y:en requested to by the boards. Special pro jer_ts included over-- seeing large repair projects, such as reroofing, and court appearances and attorney meetings regarding, disputes with contractors and members. 5/92 - 6/85 Office Coordinator Niki Tours, Inc. , Los Angeles , CA Performed a variety of functions for a wholesale tour operator: handled the majority of correspondence; traveler' and represented company at trade shows and promotions; processed all claims and cors laints; supervised office staff; wrote payroll; assisted President./General Manager on special projects; was involved in almost every aspect of operating the business. 3/80 3/82 Credit Coordinator/Claims Administrator Polygram Distribution, Sun Valley, CA In progressing from position of Credit Coordinator to Claims Administrator, was involved in the range of ccrnrercia.l credit functions from investigating new credit applicants to resolving claims and collecting past due accounts; monitored peform nce of key large accounts represented company at trade and legal meeting-- . Craig L. Dingman 6620 Atascadero Ave. Atascadero; CA 93422 . 805-466-4547 F.EFERENCES EY-PLOYMENT: Corurunity Property Management 886 W. Ventura Blvd. Camarillo, CA 93010 800-999-6468 Ruth Cederstrom -- Personnel Barbara Mintz -- Supervisor Niki Tours, Inca 373 N. Western Ave. #15 Los Angeles, CA 90004 213-464-8427 Paul Mal'outas -- President/General Manager Barbara 2aloutas-- vice president PERSONAL: James P. Lingl, Esq. James P. Lingl and Associates 1601 Carmen Dr. Suite 202 Camarillo, CA 93010 805-482-1903 Dennis Noble Instrument Group Engineering Manager United Detector Technology 12525 Chadron Ave. Hawthorne, CA 90250 213-978-0516 Steven Kantor Subcontracts manager Raytheon/ Electromagnetics Systems Division 6380 Hollister Ave. Dept. 9294 Goleta, CA 93117 805-967-5511, ext. 5175 Adz i s ' Q��'" � X979 ✓l/N �� t' . B9 A P P L I C A T I O N CITY OF ATASCADERO RECYCLING COMMITTEE MEMBER Name. 6yIC. / -+ Address: (residence) mailing) Telephone No: 8oS l64�-y01f Occupation: PLEASE GIVE A SUMMARY OF YOUR EDUCATION, EXPERIENCE, AND/OR REASONS FOR WISHING TO SERVE ON THE ATASCADERO RECYCLING COMMITTEE: /970 5' T4KT ,4 &6 i ��,�i�/1--?od�l�yi f•���/i�/G o .� e7a, , Z T t1 �/ rS✓ A66' k1C' 16y j- 77,-Ar,-10�-5 (0,65 7 =- !y 0771 72 E L I HEREBY CERTIFY THAT THE FOREGOING I_S_ CORRECT, AND THAT I AM A REGISTERED VOTER THE CITY OF ATASCADERO. /Z--- I A �9 (N > (Date) ,- ,.. S GcJ�CL �E6iS7" IAI RETURN T0: CITY OF SC CITY CLERK'S OFFICE 6500 Palma Ave. ` Atascadero, Ca. 93422 �uaU 011317 RECE � � c 1918 � p� '_" C 1979 MAY 18 1989 ���� A P P L I C A T I O N CITY OF ATASCADERO RECYCLING COMMITTEE MEMBER Name: I C lt'e- fa$G o Address: q b sa-N (r'�BR�E L RCc p7�5cADE�o 93�ZL (residence) (mailing) Telephone No: Occupation: PLEASE GIVE A SUMMARY OF YOUR EDUCATION, EXPERIENCE, AND/OR REASONS FOR WISHING TO SERVE ON THE ATASCADERO RECYCLING COMMITTEE: OF i r a I HEREBY CERTIFY THAT THE FOREGOING IS CORRECT, AND THAT I AM A REGISTERED VOTER IN HE CITY F AT SCADERO. '."O'A (Name) (Date) Since he is not a resent of the City of AtascMero he may not be able to serve as a candidate ` for the "citizens-at-large" -•��a��- a 193rTr group, but Paul feels he f9 0 ;e e, is s could be considered as the "Local Recycler". � ,SC�fDFp.. • F - Jli CFS i►' A P P L I C A T I O N CITY OF ATASCADERO RECYCLING COMMITTEE MEMBER Name: JAPKE57 ( ilklic.,( Address: 1JZ�v7 /V �jf��Y72' /�1.4;?(f-,#7/T.71 (residence) (mailing) . Telephone No: �2 Occupation: c �� LEASE GIVE A SUMMARY OF YOUR EDUCATION, EXPERIENCE, AND/OR REASONS FOR ISHING TO SERVE ON THE ATASCADERO RECYCLING COMMITTEE: I HEREBY CERTIFY THAT THE FOREGOING IS CORRECT, AND THAT I AMA REGISTERED TE LINTTY OF ATASCADERO. (Name) (Date) June 2, 1989 ATASCADERO RECYCLING COMMITTEE APPLICATION To Whom It May Concerns I began recycling while attending Cal Poly, San Luis Obispo. In the Spring of 1974 a friend and I were hired by ECOSLO, The ,Environmental Center of San Luis Obispo County, to prepare a feasibility study on curbside recycling in San Luis Obispo. I have been a member of ECOSLO since that time. I have served on its board of directors twice and have helped prepare and administer a number of grants for its recucling program. My personal interest in resource conservation and the desire to get involved in the formation of a recycl- ing plan for Atascadero is what motivates me to apply for membership to the recycling committee. My interest and experience should qualify me. I am not, however, a registered voter in Atascadero. I live approximately one- half mile south of the Atascadero city limits. I do own and operate a business in Atascadero. We maintain a recycling dropsite for ECOSLO at that address. My residence, though outside thecity limits, is well within the sphere of influence of Atascadero. I do not feel that this should preclude me from membership to this committee. S ' cere GfiY12X�ilac,.� James Patterson • MEMORANDUM To: Honorable Mayor and City Council Through: Ray Windsor, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject : San Gabriel School /Hgwy. 41 Traffic Meeting Date : June 12, 1989 Recommendation: (a) Direct staff to extend school zone about 600 ft . toward Morro Rd. (b) Encourage Caltrans to monitor warrants for a traffic signal at the intersection of San Gabriel and Morro Rd. (Hgwy. 41) . (c) Entertain volunteer efforts to implement the Route-to- School Plan. Background: • A meeting was held at the San Gabriel Elementary School on Thursday, June 8 at 7: 30 pm. Approximately 15 people were in attendence, including a lady that was recently in an accident at the above intersection. Bob McNeu representing Caltrans and I were , invited to attend to answer questions and to provided information on traffic related issues. Discussion: The main points that were addressed included: (1) Students riding bicycles using traffic lanes . Police Chief McHale was quoted as indicating that if a student was riding in the "bike lane" in the opposite direction, he would not be cited if that was the safest action available . It was pointed out that the "bike lane" on San Gabriel was only a paved shoulder that was added to the resurfacing program to give children a place to walk between the school and Hgwy. 41 . (2) Extended school zone . The group was told that the City would address the allowed 600 ft . extension of the school zone and that Caltrans would look into the possibility of extending the zone to the 2800 ft . maximum, although the idea of a crosswalk at the intersection was not considered desirable . I I w w • (3) Traffic Signal and Crosswalks . A signal is not warranted at this time according to Caltrans but a School Warrant has not been completed at this time . Crosswalks at this high speed location are not desirable . (4) Overhead and Underground Pedestrian Crossings : Overhead crossings are not cost effective and are not always used since the handicapped ramps make the structure very long. Underground facilities similar to the Hgwy. 101 crossing near the highschool have maintenance and security problems . (5) Walk-to-School Plan. The group was told that there is a proposed Route-to-School Plan that can soon be adopted into the General Plan and that the City is conditioning projects to either construct walkways as they develop or to contribute to the Route-to-School fund. (6) Rumble Strips . Caltrans only provides these where there is a sudden change in conditions . (7) Speed Limit Decrease. Caltrans indicated that speed surveys do not justify a decrease in speed. (8) Group was informed that this topic was on the City Council agenda for Tuesday. PTA representatives plan to attend and Bob McNeu will try to be present to represent Caltrans . Fiscal Impact : There are no proposals at this time, but concievably the City could have to provide 50% of the cost of a new traffic signal at this location. FAU funds would be recommended if the above senario was adopted. • • MEET! AGENDA�ornmi-�te DATE�9 ITEM# RECEIVEp JUN 6 198 CITY/SCHOOL COMMITTEE'. Minutes CITY MGR, Meeting of May 24 , 1989 Present were: For the School District : Board members Orville Horst and Sue Molle ; Superintendent Anthony Avina; and Chief Business Official Ernest Taylor. For the City : Councilmen Alden Sheirs and Bob Lilley , City Manager Ray Windsor, City Community Development Director Henry Engen 1 . Meeting Date Change/Request/Atascadero ?dews Discussion was held on the potential for either agency changing its meeting date from Tuesday . It was noted that the School Board meetings conflict only with those of the Planning Commission . At this time, no indication was given by either agency of any possible change. 2. School Site Acquisition/Southeast Quadrant It was noted that June 6 , the District would be submitting to the City Planning Commission the approval for a site on the southeast quadrant. The Superintendent noted that a Safety Committee was to be convened to study traffic concerns of the neighbors on both sides as well as with the State Hospital. The City Manager noted that the City was planning installation of a signal in that area . He also noted that members of staff would be present at the Safety Committee meeting which was to be held on Friday , June 2 . 3. Status/AHS Administration Building The Superintendent noted that the potential for renovating the high school administration building did not appear feasible. The District would have to move towards replacing the administrative offices and 11 classrooms currently housed by the building . The high school is scheduled to grow to an enrollment of 1800-2000 students and the need for the facility is justified . The District will be determining a date for that replacement. The City suggested that a fact sheet be developed to justify the replacement in order to anticipate criticism from the community . 4. Location/Bus & Maintenance Yards/Del Rio Property Discussed was held on concerns with placing the bus and maintence yard at the Del Rio Site. The City noted that zoning in the area across the street was rated industrial. It was suggested the plans for the transportation yard include heavy screening and landscaping . City School Committee Minutes, May 24 , 1989 page 2 Discussion was held on sewer versus septic service. The Cit isP Y interested in a possible sewer connection . The Chief Business Official for the school district noted that tests indicate that the percolation in the area is very good and that the costs would be substantially cheaper than a sewer hookup . The City was interested so that it could anticipate how the General Plan might be affected . A mini-plant development might be the way to go. School district officials noted that , since percolation is no problem at this point, should there be a sewer line extension, the school district would consider hooking up to it at a later date. 5. Summer Program/Atascadero Lake Park The City announced that funding had been approved for renovating the boats and improving the Atascadero Lake Park recreation facilities. The City asked that information be disseminated to students to apply for the positions available. They were particularly interested in having high school leaders apply for the positions. The Superintendent noted that he would be happy to cooperate and get the information to the students if it can be provided by the City Parks & Recreation people. 7. School Resource Officer/DARE Discussion was held on the DARE program. It was noted that the next school board meeting would be on June 6 . The City discusse� the potential of having the Board give conceptual approval to th program so that when school financing of the program was discussed , consideration could be given . Superintendent noted that Proposition 99 funds might be available to carry out the program, but, at this point, no commitment could be made for the Board . 8. Skateboarders Discussion was held on the presentation by the skateboarders. The City is considering the formation of a committee with school representation to help draft an ordinance outlining an area for skateboarders. 9. Discussion/Crossing/West Mall Signal It was noted that the West Mall signal will be installed before school starts in September. The junior high staff should be informed . Superintendent noted he would like to have the information to forward to the junior high administration. 10. Lewis Avenue Bridge Discussion was held with regard to an update on the Lewis Avenue bridge agreement. The City noted they had major concerns with the agreement. In their opinion, the terms were not favorable and called for rethinking on the part of the City Council. It was the Council's consensus that strong concern existed with placing units on the site as perhaps being in it with the City's Zoning Ordinance and use of a City street without abandonment. This was to be a long-term agreement. There was additional concern about the fact that it was for 25 years without any commitment to the eventual alignment. City School Committee Minutes, May 24 , 1989 page 3 agreement called for the City and the school district to swap properties so that any disruption to the City would be minimal. City officials did not concur. The City is requesting another solution. The Superintendent noted that he was disappointed that the disagreement on the language of the agreement had not been discussed sooner. He had not been aware that there was any concern from the City with regard to the agreement until this particular meeting . He noted that he had to leave because of a prior commitment. The City Manager noted he wanted to discuss the matter further and would like to have a meeting when Councilman Dexter returned from his vacation. The meeting adjourned at 3:40 p.m. AA :ejs 06-06-89 M EET! G AGENDA&.�Yh%7C AT /`� ITEM I rY Comncilmembers: June 6, 1989 Committee Reports: Hazard Waste Commission met on June 1 and considered the proposal to allow low-level radioactive' wZiste to be disposed in our local landfills. This proposal was rejected by the Commission. Our votes are, of course, only advisory to the County Supervisors. The second item on that agenda was "Update on the status of the Household 'Hazardous Waste Program" Tim Mazzacano reported that a committee of the City Managers (3) want to meet with the Commission before any further decision is made. This meeting is tentatively set for June 22 subject to the Committee's mailability. Apparently other cities have many questions as we do. ME � 41 � i M E M O R A N D U M TO: City Council June 13, 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director - SUBJECT: Planning Commission Vacancy BACKGROUND: With the resignation of Mike Tobey from the Planning Commission, there is a need to fill his unexpired term which was through August 1, 1990. RECOMMENDATION: Authorize the City Clerk to begin the recruitment process for commission applications . (suggested filing deadline: June 30, 1989) HE:ph cc: City Clerk i