HomeMy WebLinkAboutAgenda Packet 05/23/1989 GEORGIA RAMIREZ
DEPUTY CITY CLERK
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A G E N D A
ATASCADERO CITY COUNCIL
REGULAR MEETING
ATASCADERO ADMINISTRATION BUILDING
6500 PALMA
FOURTH FLOOR, ROTUNDA ROOM
MAY 23, 1989
7 :00 F.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
* Commendation to Citizen Karl Taborski
* Proclamations (3):
- "Kiwanis Club Week", May 21-27, 1989
- "Public Works Week", May 21-27, 1989
- "National Flag Day" , June 14, 1989
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 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 EM-
PLOYMENT, LICENSING AND CERTIFICATION
8. AMENDED CONTRACT WITH BECKER & BELL FOR EMPLOYEE RELATIONS
SERVICES
9. CONTRACT WITH G.A. LASTER, ATTORNEY, FOR BOND COUNSEL SER-
VICES
10. ACCEPTANCE OF FINAL PARCEL MAP 14-88, 5050 PORTOLA ROAD
(Davin/Cuesta Engineering)
11. ACCEPTANCE OF FINAL TRACT MAP 42-87,6760 EL CAMINO REAL
(Woodglen Development, Ltd. /Cuesta Engineering)
B. HEARINGS/APPEARANCES :
1. APPEAL OF GRADING PERMIT INVESTIGATION FEE - TENTATIVE TRACT
NO. 37-87 , 8430 SANTA ROSA ROAD (Messer)
2
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2. ZONE CHANGE 17-88 - Danish Care Center (Cont'd from 4/25/89)
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)
( 1ST READING: Recommend ( 1 ) motion to waive reading of
ordinance in full and approve by title only Voice
vote; (2) motion to approve Ord. No. 194 on first read-
ing - Roll call)
3. WEED ABATEMENT PUBLIC HEARING
�r
BREAKx
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)
2. PROPOSED SKATEBOARD ORDINANCE
3. FEMA - REQUEST FOR COUNCIL REPRESENTATIVE APPOINTMENT
4. HOUSEHOLD HAZARDOUS WASTES - PROGRAM COST DISTRIBUTION
5 . MARCHANT WAY SEWER LATERALS TO UNCONNECTED PARCELS
6. SET DATE FOR PAVILION ARCHITECT INTERVIEWS (Verbal)/
7 . SET DATE FOR MEETING WITH CLASSIFICATION & COMPENSATION
CONSULTANT (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 (Nothing to report)
2 . North Coastal Transit (Nothing to report)
• 3 . S.L.O. Area Coordinating Council ( See report in
agenda packet)
4 . Traffic Committee (Nothing to report)
5 . Solid/Hazardous Waste Mgmt. Committee ( See Item
C-5 )
3
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6 . Economic Opportunity Commission (Nothing to re-
port)
7 . Finance Committee (Nothing to report)
8. Business Improvement Association (Nothing to re-
port)
9 . Downtown Steering Committee (Verbal report)
2 . City Attorney
A. Request closed session for matters of personnel O
3 . City Clerk
4 . City Treasurer
5 City Manager
{ ) ADJOURNMENT
•
4
M E M O R A N D U M
DATE: 5/12/89
TO: City Council
VIA: Ray Windsor, City Manager
FROM: Mike Hicks, Fire Chief
SUBJECT: Request for presentation of commendation at Council
meeting of 5/23/89
It has come to my attention that a local citizen, Mr. Karl
Taborski , was responsible for saving the life of another at a
recent Elks Lodge function. I request that a commendation be
presented to Mr. Taborski by Mayor Borgeson at the next Council
meeting. A plaque will be ordered for this presentation.
Attached are details of the incident. Mr. Taborski has been
contacted and will be available to attend the meeting. The
Atascadero News has also been contacted and will have a
representative on hand to photograph the presentation.
IL 4 i'�
MIKE HICKS
P9
`4n Thursday evening, May 4, 1989, the Elks Lodge *2733 was having
A family dinner night held at the Ata:scadero Grange Hall.
Towards the end of the meal Mr. Gale D. Sharp experienced a
choking episode that impaired his breathing. Mr. Sharp
desperately motioned to others by pointing to his mouth without
.ability to speak. At that moment Mr. Sharp slumped over and
became pale.
Fortunately, a member of the dinner party was currently enrolled
in an advanced first aid course and had justbeen taught the
Heimlich maneuver, a choke saving technique. This person was Mr.
Karl Taborski , of Atascadero Travel . He tried the Heimlich
maneuver, initially without results, but was persistent and
continued, as taught, to administer at least 6 to 8 thrusts
before re-checking the airway. It was on the eighth thrust that
Mr. Sharp responded with a sigh and began breathing on his own.
It was Mr. Taborski' s efforts that undoubtedly saved the life of
another.
P R O C L A M A T I O N
Kiwanis Club Week"
_May 21-27 , 1989
WHEREAS, Kiwanis International is a well-established service
club which provides men and women to form enduring friendships
and to render altruistic service and build better communities;
and
WHEREAS, the Kiwanis Club of Atascadero has demonstrated
giving primacy to the human and spiritual, rather that. to the
material values of life; and
WHEREAS, Kiwanis of Atascadero have distinguished themselves
in a wide variety of service projects , such as the creekway
development; reforestation of Pine Mountain, beautification of
- the Chamber of Commerce visitor' s Center, the erection of the
"Welcome" sign. at Highway 41 and E1 Camino Real, the lectern at
the City library, assisting in painting of the Escuela delRio
buildings , the handicapped ramps on the E1 Camino side of the
Sunken Gardens and many other such projects; and
WHEREAS , the Kiwanis Club of Atascadero lays great stress
upon the support of the youth, senior citizens and various public
welfare causes, such as, Loaves and Fishes, Students Teaching
Students , The Parks Ministry and other programs dedicated to the
public good; and
WHEREAS, this service club now celebrates its twentieth year
of service in Atascadero;
NOW, THEREFORE, I Bonita Borgeson, Mayor of the City of
Atascadero, do hereby proclaim the week of May 21-27 , as
"Kiwanis of Atascadero Week"
and urge all citizens of the City to recognize the valuable
service these men and women have given and do give to their
community.
r
BONITA BORON, Mayor
City of Atascadero
• n�
May 23 , 1989
P R O C L A M A T I O N
"NATIONAL PUBLIC WORKS WEEK"
MAY 21 27 ; 1989
WHEREAS, public works services provided in our
community are an int-egral - .part of our citizens' everyday
lives ; and
WHEREAS , the support of an understanding and informed
citizenry is vital to the efficient operation of public
works systems and programs such as sewers , streets , public
buildings , engineering, and public transportation; and
WHEREAS, the health ,. safety. and comfort of this
community greatly depends on .these facilities and services ;
and
WHEREAS, the Quality and effectiveness of these
facilities , as well as their planning, design , and
construction .. is vitally dependent upon the efforts and
skill of public works officials ; and
WHEREAS, the efficiency of the qualified and
dedicated personnel who staff public works departments is
materially influenced b_v the people' s attitude and
understanding of the importance of the work they perform,
THEREFORE. the Atascadero City Council designates the
week of May 21-27, 1989 as
"NATIONAL PUBLIC WORKS WEEK"
in the City of Atascadero and call upon all citizens and
civic orctanizations to acquaint themselves with the
problems involved in providing our public works and to
recognize the contributions which public works officials
make every day to our health, safety, and comfort .
At&-491TAORG S0
Mayor
May 221 . 1989
PUBLIC*
WORKS
I IALLENGES
FOR THE
1990 5
P R O C L A M A T I O N
"National Flag Day"
June 14, 1989
WHEREAS, by Act of the Congress of the United States dated
June 14 , 1777 , the first official flag of the United States was
adopted; and
WHEREAS, by Act of Congress dated August 3 , 1949 , June 14 of
each year was designated "National Flag Day" ; and
WHEREAS , the Congress has requested t::e President to issue
annually a proclamation designating the week in which June 14
occurs as National Flag week; and
WHEREAS, on December 8 , 1982 , the National Flag Day Foun-
dation was chartered to conduct educational programs and to
encourage all Americans to PAUSE FOR THE PLEDGE of Allegiance as
part of National Flag Day ceremonies; and
WHEREAS, the President of the United States at the National
Ceremony held in Baltimore, Maryland, on June 14 , 1985 , led the
Pledge of Allegiance; and
WHEREAS, the year 1989 will be dedicated to the commemora-
tion of the Bicentennial of the United States Congress; and
WHEREAS, Flag Day celebrates our nation' s symbol of unity, a
democracy in a republic and stands for our country' s devotion to
freedom, to the rule of all and to equal rights for all:
NOW, THEREFORE, I Bonita Borgeson, Mayor, do hereby proclaim
June 14 , 1989 , as Flag Day in Atascadero and urge all citizens of
our City to pause at 7 :00 p.m. EDT on this date for the tenth
annual PAUSE FOR THE PLEDGE and recite with all Americans the
Pledge of Allegiance to our Flag and Nation.
BONITA BORGESON, Mayor
City of Atascadero, CA
May 23 , 1989
M ET AuEN�CIA
D -: ,: �' p�ITEM 1
ATASCADERO CITY COUNCIL
MINUTES
MAY 9, 1989
The regular meeting of the Atascadero City Council was called to
order at 7:09 p.m. by Mayor Borgeson, followed by the Pledge of
Allegiance.
ROLL CALL:
All Present : Councilmembers Dexter , Lilley, Mackey, Shiers and
Borgeson.
Staff Present : Ray Windsor , City Manager ; Henry Engen, Community
Development Director ; Paul Sensibaugh , Public
Works Director ; Bud McHale, Police Chief; Mark
Joseph , Administrative Services Director; Jeff
Jorgensen, City Attorney, Andy Takata, Director of
Parks, Recreation and Zoo ; and Boyd Sharitz , City
. Clerk .
Mayor Borgeson read a proclamation for National Nursing Home
Week . She will be presenting the proclamation next Monday at a
ceremony at the Danish Care Center .
COUNCIL COMMENT:
Councilman Lilley said he wanted to thank and congratulate the
Parks and Recreation for their part along with the North County
Cycle Club for running a very safe and successful event last
weekend. Mayor Borgeson and Councilwoman Mackey both agreed that
the Criterium was great .
Mayor Borgeson asked Public Works Director , Paul Sensibaugh to
give everyone an update on the Waste Water Treatment Plant . He
distributed an article that had appeared in a local newspaper and
discussed the fact that the odor problem has been eliminated but
we have had to cut off the septic dumping at our treatment plant
and that is causing some problems for those people who rely on
our plant in order to get rid of the septic waste. He will be
attending a meeting on Thursday which will include consultants
for the waste water study and from there will be going to the
Regional Water Quality Board to discuss the documentation and
reports regarding the treatment of sludge and septic waste. He
will be putting pressure on the County to take up some of the
back log of septic waste in the County. City Manager Ray Windsor
said he will be meeting with County Supervisor Ovitt on Thursday
afternoon and Mr . Windsor will add that to the agenda.
Mayor Borgeson asked Chief McHale to check into the red tagged
car on Traffic Way near the PCA building that has been abandoned
•
there for several weeks. It is presenting a safety problem to
the children in that area. Chief McHale said he will look into
it .
COMMUNITY FORUM:
Lindsey Hampton, 4680 Seperado, commented that at next week ' s
Planning Commission there is going to be a public hearing
according to a very small article in the Atascadero News. She
feels that it isn' t clear as to what is going to be discussed at
this meeting. It is regarding the rezoning of the whole
northeast quadrant of the City and yet with this little notice
you would never know that . Something needs to be done if the
City wants people to come and participate in public hearings.
Henry Engen, Director of Community Development , said this is a
study item for the Planning Commission, and not really a public
hearing and no decision will be made. The Planning Commission
will make a recommendation to the Council but not a public
hearing to make a change to that neighborhood right now. Mayor
Borgeson indicated that the Council could consider increasing the
advertising budget if larger public hearing notices are desired .
Marjorie Kidwell stated that she is looking forward to the public
hearing regarding the tree ordinance. Last week ' s Planning
Commission meeting was a disappointment . She realizes that it
was the first phase and there will be more, but it is her
understanding that the public input is probably over at this time
even though the meeting will go on. Certain Commission members
were commended for doing their homework. Doing one 's homework is
commendable but a Planning Commissioner ' s homework should fall
short of planning what the recommendations would be prior to
listening to the public . They should wait until the public
hearing is over before making their decisions, not unlike a judge
has a trial first and then makes his decision. A Planning
Commissioner listens to the public input and then based on that
and what his convictions are makes his decision. She is hopeful
that when this comes to the public hearing before Council it will
all start off with open minds and listen to the public input and
then make a decision.
A. CONSENT CALENDAR:
1 . APRIL 25, 1989 CITY COUNCIL MINUTES
2. APRIL 13, 1989 JOINT CITY COUNCIL/PLANNING COMMISSION/PARKS
& RECREATION COMMISSION MINUTES
3. RESOLUTION NO. 30-89 — AUTHORIZING INSTALLATION OF A STOP
SIGN ON CASCADA (EL CENTRO) AT ARCADE
4. RESOLUTION NO. 29-89 — AUTHORIZING INSTALLATION OF A STOP
2
SIGN ON GABARDA AT TAMPICO
5. RESOLUTION NO. 28-89 - AUTHORIZING INSTALLATION OF A STOP
SIGN ON VEGA AT ARDILLA
6. ACCEPTANCE OF FINAL TRACT MAP 19-88 - 5900 BAJADA AVENUE
(Low/Cuesta Engineering)
7. TIME EXTENSION FOR TENTATIVE PARCEL MAP 9-87 - 9000
Atascadero Avenue
B. CAPITAL IMPROVEMENTS AT THE ATASCADERO LIBRARY
9. ASBESTOS CHANGE ORDER AMOUNT - CITY HALL RENOVATION PROJECT
10. ESTABLISHMENT OF A RECYCLING COMMITTEE
11 . REQUEST FOR PROPOSALS - PALOMA CREEK PARK CONCESSION
MOTION: By Councilman Dexter , seconded by Councilwoman Mackey
to approve Items A 1-11 of the Consent Calendar .
Passed unanimously by roll call vote.
B. HEARINGS/APPEARANCES
1 . HERITAGE TREE REMOVAL REQUEST —7800 BALBOA ROAD
Henry Engen, Community Development Director , gave the staff
report .
After Council discussion Mayor Borgeson asked if there was any
public comment . There was none.
MOTION: By Councilwoman Mackey, seconded by Councilman Lilley
to approve the removal of the heritage trees as
recommended by the arborist . Passed unanimously by
Roll Call vote.
2. FLOOD HAZARD PREVENTION ORDINANCE
Henry Engen, Community Development Director , gave the staff
report .
Council discussion followed . There was no public comment .
MOTION: By Councilman Dexter , seconded by Councilwoman Mackey
to adopt Ordinance No . 193 adding Chapter 5 to Article
7 of the City of Atascadero Municipal Code relating to
flood damage prevention. Passed unanimously by roll
call vote.
3. RESOLUTION 26-89 - CENTURY PLAZA SEWER ABANDONMENT- Set
3
Public Hearing
Paul Sensibaugh, Public Works Director , gave the staff report .
Council comments followed. There was no public comment .
MOTION: By Councilwoman Mackey, seconded by Councilman Lilley
to approve Resolution 26-89, Century Plaza Sewer
Abandonment and to set a public hearing date. Passed
unanimously by Roll Call vote.
At 7:45 Mayor Borgeson asked for a recess. The meeting
reconvened at 8:00 p.m.
C. REGULAR BUSINESS:
COUNCILMAN DEXTER ASKED THAT ITEM C-3 BE HEARD BEFORE C-1 BECAUSE
SUSAN BEATTIE WAS IN THE AUDIENCE. COUNCIL CONCURRED.
3. PROPOSAL TO DONATE A BRONZE SCULPTURE TO ATASCADERO LAKE/
CHARLES PADDOCK ZOO BY SUSAN BEATIE
Andy Takata, Director of Parks, Recreation and Zoo expressed his
thanks for the help from the Police and Public Works Departments
during the Criterium. He then gave the staff report regarding
the donation of a bronze sculpture. He introduced Susan Beatie
who answered questions about the project for the Councilmembers.
MOTION: By Mayor Borgeson, seconded by Councilman Shiers to
accept Susan Beatie ' s proposal to pursue her donation for the
placement of a life-size tiger sculpture in Atascadero Lake Park
adjacent to the Charles Paddock Zoo entrance, with funding being
provided through private contributions and grants obtained by
Mrs. Beatie. Passed unanimously by roll call vote.
1 . SELECTION OF MANAGING UNDERWRITER FOR LONG-TERM FINANCING
Mark Joseph , Administrative Services Director , gave the staff
report .
Council discussion followed .
There was no public comment .
MOTION: By Councilman Lilley, seconded by Councilman Shiers to
use First California Regional Securities as a managing
underwriter . Passed unanimously by roll call vote.
2. SLOACC - REGIONAL TRANSIT AUTHORITY DISCUSSION
Paul Sensibaugh, Public Works Director , introduced Ron DeCarli
who gave the staff report.
4
Council discussion followed.
Mayor Borgeson asked for Public Comments.
Whitey Thorpe stated he had noticed something that bothered him
regarding Mr. DeCarli ' s report . "Mr . DeCarli continuously
mentioned that the County will pay for this, and the City will
pay for the other and he would like to remind everybody that
counties do not pay for anything, cities do not pay for anything,
the state doesn ' t pay for anything, it is the tax payers who pay
for things and the consumer and we should always remember that
when we are doing these things" .
It was the consensus of the Council to go with Option 6.
4. FEASIBILITY OF ATASCADERO LAKE BOAT CONCESSION
Staff report was given by Andy Takata, Director of Parks,
Recreation and Zoo .
Council questions and discussion followed.
There was no public comment .
MOTION: By Councilman Lilley, seconded by Councilwoman Mackey
to approve the proposal to include the budgetary expenditures set
forth therein. Passed unanimously by roll call vote.
D. INDIVIDUAL DETERMINATION/AND OR ACTION:
A. COMMITTEE REPORTS
TRAFFIC COMMITTEE: Councilwoman Mackey reported that a red curb
will be painted at the AM-PM Mini Market on San Anselmo
to prevent large trucks from blocking visibility at both
exits/entrances to the station.
SOLID/HAZARDOUS WASTE MANAGEMENT COMMISSION: Councilwoman Mackey
stated that she went on a tour of Cold Canyon Land Fill last
Thursday.'
FINANCE COMMITTEE: Councilman Shiers reported that a meeting had
been held today to review 11 proposals from architects for the
pavilion and weeded the 11 down to 4 finalists. These four will
be asked to provide more information to the committee concerning
various things that the committee brought up and also the four
finalists will bring be here for interviews at some point .
Councilman Lilley stated he wants to make sure that we really
take a careful look at each of the 4 finalists. We do not want a
situation where the architect gives us one figure and when it
goes out to bid it is substantially different figure. City
5
Manager , Ray Windsor , urged Council to move ahead as quickly as
possible. He agreed with the Sub—Committee that you don ' t want
to rush into this and end up with something that is less than
what we expect , but getting the Council all together is very
difficult. He would like to move ahead as quickly as possible.
He hopes to arrange something with the four finalists within .the
next couple of weeks. He would like as many counci.lmembers as
possible to be in on the meeting so he needs to .know individual
schedules of the councilmembers and at ; the next council meeting
he will be able to set the date for the interviews.
DOWNTOWN STEERING COMMITTEE: Mayor Borgeson stated the committee
has met with the consultant and had a brainstorming session and
went over what the committee expects.
B. Signage re: Location of Churches/Schools
Mayor Borgeson said that our present zoning requires that signage
be placed on the property. In cases such as this, the signage
would be on the right of way. She talked about this with Steve
DeCamp and he said that the Council could consider initiating a
zoning text amendment . City Manager , Ray Windsor, suggested that
this be referred back to staff and will get back to Council with
the options available on how this can be handled.
CITY MANAGER:
City Manager , Ray Windsor , reported that he had. attended a
meeting last Friday with Ron DeCarli , Henry Engen, Paul
Sensibaugh and the staff of Cal Trans on the status of the final
draft and that has been delayed primarily because of .the focused
study of 101 and 41 . They have ,lust about completed compiling
that data and recommendations relating to the intersection will
be included in the draft . That report should be to us within a
couple of weeks.
Mr . Windsor then introduced his 83 year old father who is
visiting from England.
Meeting adjourned at 9:20 p.m.
MINUTES RECORDED BY:
BOYD C. SHARITZ, CITY CLERK
PREPARED BY:
6
MEET! AGENDA �_ �
DAT __Z;FITEM I __L. L
CITY OF ATASCADERO
SCHEDULE OF DISBURSEMENTS
FINANCE DIRECTOR' S REPORT
FOR THE MONTH OF APRIL, 1989
DISBURSEMENTS
Hand Warrant Register for April, 1989 5 ,113. 16
04/07/89 Accounts Payable Warrants 24 ,573. 31
04/14/89 Accounts Payable Warrants 130 ,164.28
04/21/89 Accounts Payable Warrants 221, 760.59
04/28/89 Accounts Payable Warrants 144 ,147. 24
Service Charge-Mastercard/Visa 5. 00
04/30/89 Wire Transfers 675 ,000. 00
04/12/89 Payroll Checks #45736-45884 103,119.66
04/26/89 Payroll Checks #45885-46015 100 ,622.21
Total 1,404 ,505. 45
LESS:
Voided Check #45400 12. 60
Voided Check #45579 27 ,000. 00
Voided Check #45678 4 ,711. 90
Voided Check #44970 14.00
Voided Check #45971 147. 50
Voided Check #46000 14 . 62
Voided Check #45621 28. 97
Total Disbursements 1,372 ,575. 86
I, MARK A. JOSEPH, do hereby certify and declare that
demands enumerated and referred to in the foregoing register
are accurate and just claims against the City and that there
are funds available for payment thereof in the City Treasury.
The breakdown detail on all accounts is available for your
viewing in the Finance office.
d
MARK A. fftive
EPH
Administ Services Director
0
AGENDA j
CITY OF ATASCADERO
SCHEDULE OF CASH RECEIPTS AND TRANSFERS IN
TREASURER' S REPORT
FOR THE MONTH OF APRIL, 1989
CASH RECEIPTS :
Taxes :
Property Taxes 530 ,141. 30
Occupancy Tax 10 , 354. 85
Sales Tax 94 ,500. 00
Motor Vehicle In-Lieu 67, 813. 36
Cigarette Tax 2 , 899.15
Development Impact Tax 16 ,959. 00
Miscellaneous Taxes 154. 14
Sanitation Fees 55 , 723. 90
Licenses/Permits/Fees 62 ,690. 40
Franchise Fees 174 ,766. 42
Fines/Penalties/Overages 563. 23
Investment Earnings 99 ,936. 71
P.O.S.T. Reimbursement 548. 31
Traffic Safety Officer 1,576. 59
Sales-Maps/Publications/Reports 469. 00
Weed Abatement 6 ,772 . 54
Police Services 159. 00
Parks and Recreation Fees 10 , 825. 20
Sale of Property 990. 00
Traffic Safety 6 ,469. 98
Local Transportation 99 ,250. 05
Development Fees 63 ,175. 00
Zoo Reserve 45. 00
Assessments (Districts 3 , 4 & 5) 40 , 814. 04
Zoo Receipts 4 ,511. 16
Amapoa-Tecorida 3,659. 40
Miscellaneous 541. 96
TOTAL CASH RECEIPTS 1,356 , 310. 19
OTHER CASH RECEIPTS:
Bail/Refundable Bonds 515. 00
Reimbursement to Expense 7,242. 98
Refunds 1,382.00
TOTAL OTHER CASH RECEIPTS 9 ,139. 98
0
CITY OF ATASCADERO
CASH ACTIVITY SUMMARY
TREASURER' S REPORT
FOR THE MONTH OF APRIL, 1989
656151. 64
BEGINNING CASH RESOURCES 6,656 ,151. 64
ADD:
RECEIPTS 1, 365 ,450. 17
FUND TRANSFERS 675 ,000. 00
LESS:
DISBURSEMENTS 697,575. 86
FUND TRANSFERS 675 ,000."00
ENDING CASH RESOURCES 7 ,324 ,025. 95
SCHEDULE OF CASH RESOURCES Int. Due
AS OF APRIL 30, 1989 Rate Date
Checking Account:
Mid-State Bank 27, 973. 56
Certificates of Deposit:
Butterfield Savings 99,000. 00 9. 95 07/11/89
First Cal Savings 99,000. 00 8. 90 05/16/89
Other Investments:
Local Agency Inv Fund 4, 700 ,000. 00 8. 99 N/A
Fed Home Loan Bank
Discount Note-City 957,711. 00 9.15 06/21/89
Fed Home Loan Bank
Discount Note-Sanit. 937,537. 50 9. 12 10/24/89
Fed Farm Credit Note 502 ,263. 89 10.16 09/01/89
Other Cash Resources :
Petty Cash 540. 00
TOTAL CASH RESOURCES 7 ,324 ,025. 95
GERE SIBBACH
City Treasurer
INEE1 i AGENDA
OATS ITEM Y �_ 1
M E M O R A N D U M
TO: City Council
FROM: Ray Windsor, City Manager
SUBJECT: Claim of Jimmy Woodall
DATE: May 23, 1989
BACKGROUND
Claimant' s motorcycle collided with a vehicle at intersection of
Atascadero and Santa Ynez Avenues, last October, and claims that
the intersection was negligently designed, etc .
RECOMMENDATION
The City' s insurance adjustor has reviewed this claim and recom-
mends denial at this time.
: cw
i
MEET1 AGEWa�DATZITEMe �
M E M O R A N D U M
DATE: 5/15/89
TO: City Council
VIA: Ray Windsor, City Manager
FROM: Mike Hicks , Fire Chief
SUBJECT: Weed abatement contract - Bid #89-1
Background
Bids for the weed abatement contract were opened 5/1/89 , by
Georgia Ramirez, Deputy City Clerk. As indicated on the attached
bid summary sheet, two bids were submitted.
Low bid for tractor work was from Young Brothers Construction
Company, bidding$30 per hour/$20 per half hour.
The low bidder for hand work was The Cleaning Machine, bidding
$16 . 50 per hour/$10 per half hour.
Low bid for storm damaged tree clean-up was from Young Brothers
Construction Company, bidding $35 per hour/$20 per half hour.
Both companies have been awarded the weed abatement contract in
previous years and have done satisfactory work.
Recommendation
As Young Brothers Construction Company has submitted the lowest
bids overall, I recommend the entire contract be awarded to them.
They have the equipment and manpower available to perform this
job.
Fiscal impact
None. Funds are budgeted annually to cover costs of the weed
abatement program and fees are recovered through assessments on
property tax bills .
MIKE HICKS
FIRE CHIEF
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DATE�� iTEM�
M E M O R A N D U M
To: City Council
Through : Ray Windsor , City Manager
From: Mark A. Joseph , Director of Admin. Services
Date: May 16, 1989
Subject : Year-end Budget Adjustments (Resolution No. 32-89)
A number of year-end budget adjustments are necessary to
implement many of the Auditor ' s recommendations from the FY87-88
Audit . Further , a number of items have been endorsed by Council ,
requiring formal budget adjustments. These items are briefly
discussed below:
1 . Reallocation of Appropriations among General Government
Overall , sufficient funds exist to pay for all
anticipated expenses, but certain accounts are expected
to be overrun. In order to avoid this, transfers are
needed from the City Manager budget to the City Council
and City Attorney budgets.
2. Reallocation within Administrative Services Department
As with number one above, funds need to be transferred
from the Data Processing budget to the Personnel and
Finance divisions.
3. Reallocations within the Parks and Recreation Depart-
ment - In this case, some funds need to be transferred
from the Parks and Administration Divisions and moved
into Recreation. Furthermore, additional revenues must
be declared , with a corresponding increase in Recrea-
tion appropriations. The extra revenue has already
been received , which in fact caused the over expendi-
ture in the first place ( these expenses relate to
recreational programs, especially for youth ) .
4. Budget for the Debt Service on Special Assessment
Districts - As pointed out in staff ' s review of the
FY87-88 audit , there was some confusion regarding
accounting for Special Assessment Districts. Revenues
and appropriations are being budgeted at this time for
accounting purposes. Funds have already been received,
as well as the debt service payments made.
5. Split-up the Local Transportation Fund_ - This was
recommended by the outside Auditors. A separate
Capital Fund is established to receive funds in excess
of Dial-A-Ride ' s operating needs. A large initial
transfer is proposed , to reduce the large fund balance.
The moneys can only be used for street overlays and
other road improvements.
b. Creation of a Tree Planting Trust Fund - In late 1987,
Union Asphalt donated $1 ,500 to plant trees along
Halcon Road . Through an oversight , these funds were
never appropriated for that purpose. A separate trust
fund is established to allow purchase and planting of
the trees. The fund can be used in the future to
receive and disburse similar donation from others in
the community. As a further note, such expenditures
count towards the $1 per capita requirement to continue
our eligibility as a Tree City USA city.
7. Change Order for the City Hall HVAC - Council may
recall the change-order issue discussed in April . The
money to pay for this change order is from residual
funds from Revenue Sharing . Except for $4,900 ( to be
used for the Pavilion, see below) , the remaining
Revenue Sharing funds will be transferred to the
Administration Building Renovation Fund .
8. Pavilion Conceptual Design Costs - Funds were never
budgeted to pay for the Ross, Levin, McIntyre &
Varner ' s conceptual design and feasibility study for
the Lake Pavilion. A new Pavilion Reconstruction fund
is established to pay this bill . The fund will then be
used to account for the ultimate construction of the
new facility.
9. Atascadero Lake Paddle Boats - Council adopted in
concept the proposal for Parks and Recreation to run
the paddle boat concession at Atascadero Lake. A
special enterprise fund is established to account for
this project . Seed money is from a non-interest
bearing loan from the General Fund, in the amount of
$15,000.
Fiscal Impact
With the exception of the paddle boat project , which involves a
loan from the General Fund , the above transfers and adjustments
are based on existing revenues and appropriations. For the most
part , they represent technical adjustments required to meet
Generally Accepted Accounting Principles (GAAP) .
Recommendation
Staff recommends that Council adopt the attached resolution,
implementing the budget adjustments outlined above.
MAJ:al r
\b\adjust89
RESOLUTION NO. 32-89
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
APPROVING THE TRANSFER OF
YEAR—END BUDGET ADJUSTMENTS
WHEREAS, Council has considered the merits of the staff
report entitled , "Year-end Budget Adjustments " , at its May 23,
1989, meeting ; and
WHEREAS, Council supports the need to transfer revenues
and/or appropriations accordingly;
NOW, THEREFORE, BE IT RESOLVED,
Section 1 . That funds shall be transferred as indicated in
Exhibit A, which is made a part of this Resolution; and
Section 2. That this Resolution shall take effect
immediately upon adoption.
On motion by Councilperson , and
seconded by Councilperson , the foregoing
resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO, CALIFORNIA
By: BONITA BORGESON, Mayor
ATTEST:
BOYD C. SHARITZ, City Clerk
PREPARED BY:
Resolution No . 32-89 continued
PREPARED BY:
MARK A. JOSEPH, Director of
Administrative Services
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
JEFF JORGENSEN, City Attorney
• •
EXHIBIT A : SCHEDULE OF ESTIMATED REVENUES AND APPROPRIATION TRANSFERS,
. PURSUANT TO RESOLUTION 31-89
FND DPT
NBR NRR OBJ SUB ACCOUNT DESCRIPTION DEBIT CREDIT
------------------------------------------------------------------------
REALLOCATION OF GENERAL GOVERNMENT APPROPRIATIONS
1 1 20 20 Council : Dues/Membership/Travel 500
1 1 21 0 Council : Special Services/Supplies 1, 100
1 10 22 40 Attorney: Other Contract Services 1, 000
1 5 10 10 City Mgr: Salaries 2, 600
--------------------
Subtotal 2, 600 2, 600
REALLOCATION OF ADMINISTRATIVE SERVICES APPROPRIATIONS
1 6 10 20 Personnel: Temporary Wages 1, 000
1 15 10 20 Finance: Temporary Wages 1, 000
1 7 10 20 Data Processing: Temporary Wages 2, 000
--------------------
Subtotal 2, 000 2, 000
REALLOCATIONS WITH PARKS AND RECREATION DEPARTMENT
1 0 22 12 Revenue: Classes 10, 000
1 0 22 18 Revenue: Youth Services 17, 000
1 34 10 10 P&R/Admin: Salaries 5, 000
1 35 10 10 Recreation: Salaries 5, 000
1 35 10 20 Recreation: Temporary Wages 10, 000
1 35 224 303 Recreation: Classes 10, 000
1 35 224 308 Recreation: Youth 17, 000
1 36 22 70 Parks: Utilities 10, 000
--------------------
Subtotal 42, 000 42, 000
ESTIMATING REVENUES AND APPROPRIATIONS FOR ASSESSMENT DISTRICTS
403 0 27 10 Atas/Marchant District 6, 420
403 1403 60 400 Principal Payment (AD #3) 6, 420
12 0 242 O AD #4: Redemption 106, 700
12 142 36 20 Principal Payment (AD #4) 106, 700
19 0 245 0 AD #5: Redemption 21, 400
19 41 39 2 AD #5: Contingency 21, 400
22 0 255 O AD #5: Revenues 208, 700
22 41 39 2 AD #5: Construction 208, 700
11 0 27 1 Lobos Lane 280
11 O 27 2 Sonora/Pinal 360
11 0 27 3 Maleza 180
11 O 27 4 San Fernando 540
it 0 27 5 Falda 240
11 0 27 6 Pinal/Escarpo 140
11 0 27 7 Cayucos 2, 189
11 0 27 8 Aguila 100
11 422 21 0 St Maint. Dist: Special Supplies 4, 029
Subtotal --347, 249---347, 249-
47, 249347, 249
SPLIT LOCAL TRANSPORTATION FUND: ENTERPRISE AND CAPITAL FUNDS
17-May-69 1
• •
EXHIBIT A: SCHEDULE OF ESTIMATED REVENUES AND APPROPRIATION TRANSFERS,
PURSUANT TO RESOLUTION -2Z -89
FND DPT
NBR NBR OBJ SUB ACCOUNT DESCRIPTION DEBIT CREDIT
------------------------------------------------------------------------
5 3000 100 1 Transfer from Fund Balance 63, 974
5 3900 900 202 Trans fr LTF/DAR to LTF/CIP 237, 874
5 141 32 50 Street Resurfacing 173, 900
732 3900 900 202 Trans fr LTF/DAR to LTF/CIP 237, 874
732 900 84 2 LTF: Street Resurfacing 237, 874
--------------------
Subtotal 475, 748 475, 748
ESTABLISHING A TREE PLANTING TRUST FUND
301 3800 800 50 Donations 1, 500
301 1301 20 127 Tree Planting: Landscaping Supplies 1, 500
HEATING/COOLING (HVAC) CHANGE ORDER
4 3000 100 1 Transfer from Fund Balance 35, 000
4 3900 900 200 Trans fr Rev Sh to Admin Bldg 35, 000
750 3900 900 200 Trans fr Rev Sh to Admin Bldg 35, 000
750 50 46 1 Admin Bldg Renovation 35, 000
--------------------
Subtotal 70, 000 70, 000
PAY FOR ARCHITECTUAL FEES FOR LAKE PAVILION
4 3000 100 1 Transfer from Fund Balance 4, 766
4 3900 900 203 Trans fr Rev Sh to Pavilion 4, 766
606 3900 900 203 Trans fr Rev Sh to Pavilion 4, 766
606 900 86 1 Lake Pavilion Reconstruction 4, 766
--------------------
Subtotal 9, 532 9, 532
ESTABLISH ENTERPRISE FUND FOR LAKE PARK CONCESSIONS
1 90 29 50 Reserve for Contingencies 15, 000
1 90 20 700 Loans to Other Funds/Agencies 15, 000
202 3900 901 600 Proceeds from Notes Issued 15, 000
202 3500 500 50 Other Admissions/Fees 3, 700
202 621 10 20 Temporary Wages 3, 500
202 621 20 100 Personal L Safety Supplies 200
202 621 20 3 Office Supplies 200
202 621 20 299 Other Operating Supplies 1, 000
202 621 50 200 Office Equipment - New 300
202 621 50 500 Other Capital Outlay - New 9, 500
202 621 70 100 Operating Contingency 4, 000
--------------------
Subtotal 33, 700 33, 700
17-May-89 2
• • MSFT END
DAT��`i r EMe
-�-�
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 /(f
SUBJECT: Resolution authorizing fingerprinting for employment,
licensing and certification
DATE : May 23 , 1989
Background
. In an effort to improve our pre-employment screening, a policy of
fingerprinting all new employees is proposed. The purpose of
fingerprinting is to verify any prior criminal history at the
state or Federal levels . The cost of the fingerprint check is
approximately $35 . 00 and will be budgeted in Personnel .
Council action is required to allow the Department of Justice to
release any information to us . The attached resolution provides
that authorization.
Recommendation
Staff recommends Council adopt the attached Resolution No. 31-89
authorizing the release of information to the City.
MJ:cw
RESOLUTION NUMBER 31-89
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
APPROVING A POLICY REGARDING FINGERPRINTING
FOR EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES
WHEREAS, Penal Code Sections 11105(b ) ( 10) and 13300(b ) ( 10)
authorize cities, counties, and districts to access state and
local summary criminal history information for employment ,
licensing, or certification purposes, and
WHEREAS, Penal Code Sections 11105(b) ( 10) and 13300(b ) ( 10)
requires that there be a requirement or exclusion from
employment , licensing, or certification based on specific
criminal conduct on the part of the subject of the record , and
WHEREAS, Penal Code Sections 11105(b ) ( 10) and 13300(b ) ( 10)
require the city council , board of supervisors, or governing body
of a city, county, or district to specifically authorize access
to summary criminal history information for employment ,
licensing , or certification purposes, and
NOW, THEREFORE, BE IT RESOLVED THAT, the City is hereby
authorized to access summary criminal history information for
employment, licensing, or certification purposes, and
BE IT FURTHER RESOLVED THAT, the City shall not consider a
person who has been convicted of a felony or a misdemeanor
involving moral turpitude eligible for employment or licensing ;
except that such conviction may be disregarded if it is
Resolution 31-89 continued
determined that mitigating circumstances exist , or that the
conviction is not related to the employment or license in
question.
On motion by Councilperson and seconded
by Councilperson , the foregoing resolution
is hereby adopted in its entirety on the following roll call
vote:
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO
BONITA BORGESON, Mayor
ATTEST:
BOYD C. SHARITZ, City Clerk
PREPARED BY:
MARK A. JOSEPH
Director of Admin. Services
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
JEFFREY G. JORGENSEN, City Attorney
MEET'lA1G AGENDA ,
DATF n _ ! ..: _
M E M O R A N D U M
To : City Council
Through : Ray Windsor , City Manager
From: Mark A. Joseph , Director of Admin. Services(I
Date: May 16, 1989
Subject : Revised Labor Relations Contract with Becker and Bell,
Inc .
Background
The City has received labor relations assistance from Becker and
Bell , Inc . , since 1982. Services have been provided for a flat
retainer of $900 per month. Services include assisting the City
with its "meet and confer" responsibilities and providing us with
technical assistance in a number of varied personnel matters
including grievance handling , management compensation plans,
. unlimited telephone support and contract administration.
The attached contract amends the original contract to include
representing the City in personnel-related hearings, such as
disputed employee terminations. The hourly rate for this service
is $75.00. This is considerably lower than their normal rate,
because of our long-standing relationship and the existing
retainer .
Fiscal Impact
There is no immediate fiscal impact , unless representation is
required . When this occurs, the estimated time involved and
services required will be discussed , so that the likely costs
will be known beforehand .
Recommendation
Staff recommends Council endorse the hourly rate and authorize
the City Manager to sign the new contract .
MAJ:al
\becker
AGREEMENT BETWEEN THE CITY OF ATASCADERO
AND BECKER & BELL, INC. FOR NEGOTIATIONS AND
CONSULTANT SERVICES IN EMPLOYER-EMPLOYEE RELATIONS
THIS AGREEMENT, entered into this day of , 1989, by and
between the CITY OF ATASCADERO, a municipal corporation of the State of California
(herein called "City"), and BECKER & BELL, a California Corporation, P. O. Box 2160,
Placerville, California 95667 (herein called "Consultant").
WITNESSETH:
WHEREAS, City is obligated pursuant to State law and city policy to meet and
confer with recognized employee organizations representing its employees in their
employment relations with the City; and
WHEREAS, the City Council desires to engage professional assistance for the
City's Employee Relations Officer in matters of labor relations representation and
negotiations and in accomplishing the process of said meeting and conferring in relation
thereto; and
WHEREAS, Consultant is a professional labor relations consultant and repre-
sentative, who is well qualified by education and experience to provide such services; and
WHEREAS, City, under authority of the Government Code proposes to engage
Consultant in accordance with the terms and conditions set forth herein to render such
services.
NOW, THEREFORE, the parties do mutually agree as follows:
1. Employment of Consultant. City hereby agrees to engage Consultant, and
Consultant hereby agrees to provide the services hereinafter set forth
involving labor relations negotiations and the instruction and training of
management personnel in the implementation of labor relations agree-
ments.
40
0 0
2. Contacts for Responsibility. The City Manager shall represent the City for
the purpose of administering this agreement. The President of Becker &
Bell, Inc. shall be Consultant's designated representative for the purpose of
administering this contract. The individual within Consultant's firm who will
provide services to City as set forth in Section 3 will be decided by mutual
agreement of the parties. Consultant shall not delegate nor assign his
responsibilities under this contract without the prior expressed approval of
City having first been obtained.
3. Scope of Service. Consultant shall provide his special knowledge, services
and skills as follows:
a. Consultant shall act as City's chief negotiator at all meet and confer
sessions held with three (3) units as designated by the City. If units
are combined into one "table" for purposes of negotiation, then such
table shall be considered one (1) unit. All such representations and
negotiations shall abide by the guidelines established by the City,
and Consultant shall meet and confer as often as is reasonably
necessary until agreement with such bargaining unit(s) is reached in
conformance with such guidelines, or until the City has determined,
after consultation with Consultant, that agreement is not reasonably
possible. Consultant shall also act as City representative at any and
all impasse proceedings which may be conducted, such as
mediation or factfinding. Consultant shall meet with the City
Manager and the City Council as often as is reasonably necessary
during each meet and confer process to review City's position and
obtain further instructions.
2
b. When agreement is reached with an employee bargaining unit, a
Memorandum of Understanding will be prepared by Consultant and
submitted through the City Manager to the City Council for
approval. When so approved and upon request, Consultant shall
meet with City's management team to explain the provisions of any
approved memorandum of understanding developed pursuant to
this: agreement and to explain any changes in wages, hours and
working conditions instituted by the City following the meet and
confer process.
C. Upon mutual consent of the parties, Consultant shall act as City's
chief negotiator for units in addition to those listed in 3(a) above.
Such additional services shall be rendered at an annual retainer rate
or at a fee mutually acceptable to the parties.
d. Consultant shall provide 1) unlimited telephone consultation,
and 2) general advice on other matters including employer-
employee relations policies, personnel rules, management
compensation plans, grievance handling, and contract adminis-
tration.
e. Special Services. Services other than those described above shall
be considered special services and compensation will be at the rate
of Seventy-Five Dollars ($75.00) per hour. Such special services
may include preparing for and representing City in administrative
hearings, conducting classification and/or compensation studies,
providing training for City personnel and providing technical
recruiting and selection assistance as required by City.
3
• i
4. Cid Assistance. City shall assist Consultant by providing information,
personnel, space and facilities as follows:
a. All information reasonably within City control or accessible to City
and which may be helpful to Consultant in the performance of his
services as provided herein; and
b. Access to a management team composed of members of the
affected departments and at least one (1) member of the City
Manager's staff to assist Consultant during the meet and confer
sessions; and
C. Supplemental clerical and stenographic assistance as Consultant
may reasonably require for the performance of his services as
provided herein; and
d. A suitable location where meet and confer sessions may be
conducted.
5. Term. The respective duties and obligations of the parties hereto shall
commence May , 1989 for a twelve-month period and continue from
year to year thereafter unless either party gives thirty (30) days prior written
notification to the other to modify or terminate this agreement in its entirety.
6. Fee Arrangement. City shall compensate Consultant at an annual
retainer of Ten Thousand Eight Hundred Dollars ($10,800.00), payable
in monthly installments of $900.00, upon receipt of an invoice by
Becker & Bell, Inc.
7. Travel and LodainQ. Consultant shall submit an invoice for travel
expenses including lodging, meals and transportation on a form
acceptable to City. City shall pay within thirty (30) days of receipt of
4
i r
billing, all reasonable expenses incurred for transportation, lodging
and meals.
8. Independent Contractor. It is expressly understood and agreed to by
both parties that Consultant, while engaged in carrying out and
complying with any of the terms and conditions of this Agreement, is
an independent contractor and is not an employee of the City.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first above written.
CITY OF ATASCADERO
Mayor
ATTEST:
CITY CLERK
BECKER & BELL, INC.
esi ent
APPROVED AS TO FORM AND
LEGAL EFFECT:
ty7�t�orney-------------
5.
!EETlG t AGElBA
ri4T -, ITEM! ,..
M E M O R A N D U M
TO: City Council
THROUGH: Ray Windsor, City Manager
FROM: Mark A. Joseph, Director of Admin. Services
DATE: May 17 , 1989
SUBJECT: Contract with G.A. Laster, Attorney for Bond Counsel
Services
Background
An integral component of any long-term financing is the use of
Bond Counsel . The reasons include the necessity of assuring all
legal pitfalls are identified and avoided, as well as receiving a
legal opinion that the bonds to be issued are tax exempt. This
is a legal specialization that requires an outside attorney.
Mr. Laster has been recommended by First California Regional Sec-
urities, the firm we retained as our Managing Underwriter. His
fee is $12, 500 plus reasonable expenses, which will be paid out
of the proceeds of the bond sale. This is as much as one-half
the cost of other Bond Counsel that staff has contacted. Mr.
Laster is currently Bond Counsel for King City, and others .
Recommendation
In order to facilitate the bond sale, staff recommends Council
authorize the City Manager to sign the attached contract for
legal service of G.A. Laster, Attorney.
MAJ: al/cw
Attachment
MAY.16 '89 05:55 THE WILSON BUILDING F.01
LAW OF•F•IvE
G. A. LASTEFt
..Tit!': �P7I,�orr Iil•tt,71t�(;
610 NORTH *AN MATF.0 1)RI VU
,.. FSA!\ AIATI-.0,VALIN'AI NIA
(415) 342-3325
AI*TONATIt TF:LFa C7P7F:ft: Yt.i:AM}: lila'i.Y TO.
�aiSf 342.839: 1'.11. Dox 13;•
TELECOPY TRANSMISSION COVER SHEET
PLEASE DELIVER THE FOLLOWING TO:
T0: Mark Joseph, Finance Director
LOCATION: City of Atascadero
COPY TO:
FROM: Gerald A. Laster
RE: Proposed Certificates of Participation Project
DATE: 5/16/89 NO. OF PAGES: 7 (incl. cover sheet)
WE ARE TRANSMITTING ON A RAPICOM 3300 AUTOMATIC TELECOPIER
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL BACK AS SOON AS
POSSIBLE TO:
SANDY COX
{415) 342-3523
COMMENTS:
FORM OF FEE AGREEMENT FOR THE1 ,ABOVE. REFERENCED ISSUE
FOR CONSIDERATION BY CITY COUNCIL AT ITS MEETING SET
FOR MAY 23, ,1989, I WILL FORWARD EXECUTED COPIES BY
FEDERAL EXPRESS TODAY.
PLEASE CALL IF YOU HAVE ANY QUESTIONS.
MAY.16 '89 08:1.4 THE WILSf7N BUILDING P.02
LAW OrilegIN
G. A. LASTER
THic wiu—tON B1 im3tNu
6R0 NORTH MAN MATT-1O DRIVE
. - MAN MATI-M.CALIl+ORNIA '4401-s4ZN
(415) 342-3523
AVTOMATIV TN9.*.00Y1h:R: PLACAMT, IIZPLY TOl
(41s)242.4262 P.tl. box 4sT
May 15, 1989
Honorable City Council
City of Atascadero
6500 Palma
Atascadero, California 93423
RE: SpecialCounsel Services - $2,000, 000 (approx. )
Certificates of participation in Lease Rental Payments
Members of the Council.-
It
ouncilsIt is my understanding that the city proposes to undertake
proceedings for the financing of the acquisition and construction of
several municipal improvements by the issuance of certificates of
participation in lease payments to be made by the city, as lessee,
pursuant to a lease to the city of the improvements, each certificate
evidencing and representing a right of the owner thereof to receive
lease payments, which certificates will be executed and delivered by a
bank, the proceeds of which will be used to pay for the improvements.
You have invited a proposal to provide special counsel services in
connection with the proceedings, and the certificates that may be
issued.
If this proposal is accepted by the city, I agree to represent
the city, and provide services and assume responsibilities as special_
counsel, as follows:
1. Consult with the city council and other city officials and
staff, the underwriter, the corporation that will assist in the
transaction, and the bank trustee and assist in the formulation of a
coordinated financial and legal program for the project and in the
revision of such a program from time to time.
2. Assist in planning the proceedings and in structuring the
issue of certificates in conformity with the program and prepare and
maintain a comprehensive schedule with regard to the timing of the
various legal actions required in the conduct of the proceedings or
furnish such a schedule to the underwriter for incorporation into a
financing schedule that will be maintained by the underwriter.
Mi-Y. 16 '89 08:55 THE WILSON BUILDING P.03
Honorable City Council
City of Atascadero
May 15, 1989
Page (2)
3 .
Advise as to legal reu it is andPre
Pare or review
the
forma of all ordinances, resolutions, orders and other actions, legal
notices and other legal documents, including resolutions and other
actions by- the city council, the various leases and agreements
(including the trust agreement) , that are necessary or related to, and
review the purchase contract for the certificates and certain
descriptions under subdivisions identified by me of an official
statement in connection with, and provide instructions for, the
effective authorization, sale and issuance of the certificates.
4. Examine applicable law and review certified proceedings.
5. subject to the completion of proceedings to my
satisfaction, render to the city my legal opinion substantially as
follows:
(a) The Lease constitutes a valid and binding obligation,
of the City, enforceable upon the City in accordance with its
terms, and the obligation of the City to make the Lease Payments
is valid and binding in accordance with the terms of the Lease,
subject to limitations on the availability of legal remedies
against the City under California law;
(b) The Trust Agreement has been duly authorized, executed
and delivered by the City and, assuming due authorization,
execution and delivery by the Corporation and the Trustee,
Constitutes a valid and binding obligation of the City,
enforceable upon the City in accordance with its terms, and the
Certificates have been duly authorized, executed and delivered
by the Trustee pursuant to the Trust Agreement and, by virtue of
the Assignment, the registered owners and holders of the
certificates are entitled to the benefits of the Lease and the
Trust Agreement;
(c) Assuming compliance by the City with requirements of
the Internal Revenue Code of 1986 that must be satisfied
subsequent to the issuance of the Certificates, the portion of
the Lease Payments designated as and evidencing and representing
interest paid by the City under -the Lease and received by the
registered owners and holders of the Certificates is excluded
from gross income of such registered owners and holders for
federal income tax purposes. The City has the legal power to
and, has covenanted to comply with such requirements. Failure to
IS '85 5E. THE WILSaOH BUILDING P.C14
Honorable City Council
City of Atascadera
May is, 1989
Page (3)
comply with certain of such requirements may cause the portion
of the Lease Payments designated as and evidencing and
representing interest paid by the City under the Lease and
received by such registered owners and holders to be included in
gross income for federal income tax purposes, retroactive to the
date of issuance of the Certificates. The portion of the Lease
Payments designated as and evidencing and representing interest
paid by the City under the Lease and received by such registered
owners and holders is not an item of tax preference under the
alternative minimum tax imposed on individuals and corporations
for federal income tax purposes. The portion of the Lease
Payments designated as and evidencing and representing interest
paid by the City under the Lease and received by such registered
owners and holders is taken into account in determining adjusted
net book income (adjusted current earnings for taxable years
beginning after December 31, 1989) that may increase alternative
minimum taxable income under the alternative minimum tax (and
under the environmental tax that is based on excess modified
alternative minimum taxable income) imposed on corporations for
federal income tax purposes. I express no opinion regarding
other federal income tax consequences arising with respect to
the Certificates; and
(d) The portion of the Lease Payments designated as and
evidencing and representing interest paid by the City under the
Lease and received by the registered owners and holders of the
Certificates is exempt from the state of California personal
income tax;
render reliance opinions to the underwriter, and undertake such
additional duties as I deem necessary to render all such opinions.
6. Advise as to legal requirements and prepare a tax certi-
ficate, information return and other customary or required closing
documents in connection with and supervise the delivery of the
certificates to the underwriter, including arrangements on behalf of
the city for the printing of certificates, and compile and distribute
complete transcripts of the proceedings.
7. Advise as to legal requirements of the Internal Revenue
Code of 1986 that must be satisfied subsequent to the issuance of any
certificates in order that the interest be excluded from gross income
of the owners for federal income tax purposes and prepare a memorandum
with regard to such requirements.
'39 08:�57 THE WILS01-i BUILIiING E•05
Honorable City Council
City of Atascadero
May 15, 1989
Page (4)
S. Attend meetings of the city council and conferences with
the city officers and staff, the underwriter, the corporation that will
assist in the transaction, and the bank trustee, when deemed by me to
be necessary for the proper conduct of the proceedings or upon request.
By the city's acceptance of this proposal, it engages me as a
recognized expert whose primary responsibility is to render an
objective legal opinion. My responsibility to render such an opinion
is not gaalified by my responsibility to provide legal representation
of the interests of the city in connection with the proceedings and the
certificates.
The legal opinions will be executed and delivered by me in
written form on the date of delivery of the certificates and will be
based on the facts and law existing as of its date. Upon delivery of
the certificates, the legal opinions, the transcripts and the tax
memorandum, my responsibilities hereunder will be concluded. I do not
undertake any responsibility to advise any of the parties of any
information concerning the certificates that may come to my attention
subsequent to delivery.
In rendering the legal opinions I will rely upon the certified
proceedings and other certifications of public officials and other
parsons furnished to me without undertaking to verify the same by
independent investigation. I will not review the financial condition
of the city, the feasibility of the project, or the adequacy of the
security provided to the purchasers of the certificates, and I will
express no opinion relating thereto.
For all services rendered pursuant to paragraphs 1 through 8, my
compensation will be for each separate series of certificates, an
aggregate of 5/8ths of one percent (5/Sths of 1%) of the aggregate
principal amount of certificates that is sold, issued and delivered as
s single series. The obligation to pay said compensation is contingent
upon the funding of the project by the sale, issuance and delivery of
such separate series of certificates. In addition, I will expect to be
paid the following costs, charges and expenses:
(i) Telephone, telecopy, courier and other expedited
communication expenses;
(ii) Printing and reproduction expenses at $. 15 per page;
t'A' .16 _=' 08:59 THE WILSON BUILDING F.06
0 0
Honorable city council
City of Atascadero
May 15, 1989
Page (5)
(iii) Paraleggal services for work relating to delivery of
the certificates, including transcripting, at $35. 00 per hour,
as well as all other transcriptinq expenses; and
(iv) Traveling expenses or personal vehicle use at $.225
per mile plus non-vehicle out-of-pocket traveling costs.
In addition I will expect to be paid any costs (for example, certifi-
cates printing costs) that I may advance on behalf of the city. Costs,
charges and expenses are not usually billed until the compensation for
services is billed unless there is a substantial delay in completing
the proceedings.
Ex ressly excluded from the services or responsibilities that I
will provide or assume for the above-stated compensation are the
following:
(I) Services relating to the acquisition of property
Iexcept pursuant to the leases) or the construction of
mprovements,
(II) Services relating to compliance with environmental,
local planning, zoning, building and sanitary requirements,
(III) Services in connection with federal, state or local
grant, loans or pass-through arrangements,
(IV) Services other than as described relating to the
preparation or review of an official statement or other offering
document,
(V) Services other than as described which relate to
compliance with requirements of the Internal Revenue code of
1986 that must be satisfied subsequent to the issuance of the
certificates in connection with the exclusion from gross income
of the interest on the certificates for federal income tax
purposes, and
(VI) Services relating to litigation, whether eminent
domain, contractor suits, validation, or other litigation.
in the event that the city requests one or more of the above services
or other services not within the scope of those that I will provide and
I perform any of the same requested, my compensation for same will be
MlH;Y. 16 '89 09:00 THE WILS01'1 BUILDING P.07
• 0
Honorable City Council
City of Atascadero 0
May 15, 1989
Page (6)
at my usual applicable hourly rates and I will also expect to be paid
my costs, charges and expenses relating thereto in accordance with the
schedule set forth in the preceding paragraph.
If the certificates are not authorized or if for any reason the
project is abandoned prior to the time the obligation to pay
compensation to me ceases to be contingent, I will not expect to be
paid any compensation for any services and responsibilities but I will
expect to be paid my costs, charges and expenses in accordance with the
schedule set forth in the second preceding paragraph.
If the foregoing is acceptable to the city, please so indicate
by returning the enclosed copy of this proposal signed as indicated,
retaining the original for your files. It is understood that by the
city's acceptance it does not confer upon me any authority with respect
to any decision of the city or its officers beyond the rendition of
information, advice, recommendations and counsel.
The agreement which the city's acceptance of this proposal
effects may be terminated or modified by mutual written consent at any
time.
Respectfully submitted,
G. A. Laster
CITY OF ATASCADERO
By
Mayor
The undersigned is the duly elected or appointed city clerk of
the City of Atascadero ("city") , California, and in such capacity
certifies that the foregoing agreement has been executed on behalf of
the city by the Mayor of the city pursuant to delegation by or duly
approved or ratified by the City Council.
Dated: , 1989.
City Clar
City of Atascadero
MEETING. AGENDA
aAT ITEM# .0
M E M O R A N D U M
TO: City Council May 23, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director P,
SUBJECT: ACCEPTANCE OF FINAL PARCEL MAP 14-88
LOCATION: 5050 Portola Road
APPLICANT: Ed Davin (Cuesta Engineering)
BACKGROUND:
On August 9 , 1988, the City Council approved Tentative Parcel Map
14-88, subject to certain conditions and in concurrence with the
recommendation of the Planning Commission.
RECOMMENDATION:
The required conditions have been complied with and the final map
is recommended for approval .
HE:ph
cc : Ed Davin
Cuesta Engineering
11� ■ ,� X11 „� �;�-5 ,�►�:►�
i
r
I ■ MI
M E M O R A N D U M
TO: City Council May 23, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director
SUBJECT: ACCEPTANCE OF FINAL TRACT MAP 42-87
LOCATION: 6760 E1 Camino Real
APPLICANT: Woodglen Development, Ltd. (Cuesta Engineering)
BACKGROUND:
On February 23, 1988, the City Council approved Tentative Tract
Map 42-87 , subject to certain conditions and in concurrence with
the recommendation of the Planning Commission.
RECOMMENDATION:
The required conditions have been complied with and the final map
is recommended for approval .
HE :ph
cc: Woodglen Development, Ltd.
Cuesta Engineering
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OWN
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OVA
•CUES?A ENGINEERING
7401-B El Camino Real/P.O. Box 2066
Atascadero, California 93423'
(805)466-6827
May 23, 1989
Henry Engen
City of Atascadero
6500 Palma
Atascadero, CA 93422
Subject: Appeal r
J pp o f Grading Permit Investigation Fee
Tentative Tract No. 37-87, 8430 Santa Rosa Rd./Messer
Dear Doug:
As representative of Mr. Don Messer, we hereby request a continuance of
Appeal of Grading Permit Investigation Fee to the next Cit Council meet-
ing in which all members will be present. Enclosed is the required amount
of $40.00 for that purpose. Thank you.
Sincerely,
_�, � •_._ ! `—`may
John Falkenstien
R.C.E. 33760
Exp. 6/30/90
JF:pd
87-022
Attachment
MEETING AGENDA
DA T1r' ITEM 0 ~
M E M O R A N D U M
TO: City Council May 23 , 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Department kE
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
•
Uniform Administrative Code, 1985 Addition, Section 304 (e)
Investigation Fees : Work Without a Permit, which states as
follows :
111 . 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
CUESTA ENGINEERING
7401-B El Camino Reai/ P.O. Box 2066
Atascadero; California 93423
(8051 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 ".
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 Submitted,
i doh Falkenstien
R.C.E. 33760
Exp. 6/30/90
JF:pd
87-022
cc: Don Messer
DON MESSER CONSTRUCTION
P.O. BOX 1958
ATASCADERO, 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.
o
a
LIVE FILE
Convert Access atur 3
THIS SHEET INDICATES
THIS SECTION CONTAINS
POOR QUALITY IMAGES
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su ldin ( Ziertrical ( -)-Mechai a3 { 1 Plumbing NDlar ( )Swim
3mer 1 ) Zessee _# - A11 'address `' "; P21one
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iontractor/Builftriddress F: -Phone MacNo.
on "esser construction ..0.Box 1958,Atms..,CA 466-054 � _ 294114
mch./Engr./Designer ddress Phone 7iic. No.
-Cuesta Engi-nese nge 8ox 2066. Atts:. XA 466=6§271RCE 3376n
i6fik or other -source -of loan Address
lype of Project: ( New ( )Add. ( ')Alter ( )Repair ( .).Demolish ( )Move --1 .)Install
( )Compliance Survey Change of Occupancy ( )Other
project Description: Grading ` construction of a private road
regal Description: Assessor's No. Use Zone Lot Area
Lt6 , Bit;" "AC =.6-261-42 RSF-Y F = �
FRAME FOUNDATION EXTERIOR WALL ROOF HEATING
( )Wood Stud ( )Cont. Conc ( )Wood Sdg ( )Stone Vnr ( )Conc T/Up ( )Comp Blt-up ( )Elec.
�
i )Metal ( )Slab ( )Wood Trm ( )Brick ( )Metal ( )Comp Shingle ( )Gas F
)Timber ( )Piers ( )Stucco ( )Conc Blk ( )Brick Vnr ( )Wood Shgl/Shake ( )Gas Wall
( )Metal ( )Tile ( )Solar
e of Construction: Type No. Occu ancy Group
7FAUIREMENTS: FEES: Value $ N;i n i rcium
Bu i nes Li c. Construction:
State ntractor1s L . '
Worker s Comp . Ins. �. - Electrical:
u
Plumbing:
ti
Mechanical:
Earthquake:
Issuance:
Plan Check:
gEl. q'
septic tank and s ft. leach field
p TOTAL FEES:$
I have rea^ this completed application carefully. ,
Date Paid:
( ) Owner ( )Aaent
No. .
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: Preliminart. review of grading plan . • Tract 1574
DATE: January 9,
The Planning and Bzilding Divisions have rhee4-vdandre ieweneed
your proposed prelim -tary grading plan. T following
ems
to be included in the grad' ng permit application:
1. A soils report per condition #23 of Tract Map.
2. Show all existing structures and explain what effecttdoes
proposed improvements will have oaeach3of them; plathe sewer
not show existing strictures on p _
easement.
3. A complete utility plan containing the 4ollowing:
A. Location oc all proposed utilities with meter
placements , size of piping, etc.
B. Engineering calcs are needed for gas line size.
C. Detail how the sewer laterals are to be extended through
; this
the 15 foot sewer
andmisacurrentlyRcovered with
area is a o-rai gechannel
thick vegetation. A cross-section showing how the sewer
will be constructed along with the drainage must be
submitted, including invert elevatL^ns of the sewer.
If you have any questions please feel free to contact me.
CUESTA ENGINEERIDT�=
7401-B EI 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
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 improveml.nt work. Mr. Gibson
is in favor of preparing. bi.:ilding sites at the time the Tots 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,
-CF lvc
Deborah Hollowell
enc.
cc: Don Messer
Robert Gibson
Paul Sensibaugh
lt4Cx�l�IUA
DATE-_,z" iTEWe I y'
M E M O R A N D U M
TO: City Council May 23, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director ?
SUBJECT: Zone Change 17-88
APPLICANT: Danish Care Center (Wayne Evans)
LOCATION: City-wide
REQUEST: To change the zoning text standards relative to
"Group Quarters" (continued from April 25 , 1989
meeting)
BACKGROUND:
At the Council ' s April 25, 1989 meeting, there was consideration
of a proposed zoning text change to permit a density of up to a
maximum of 55 beds per net acre for skilled nursing facilities in
the RMF/16 zone. The current standard is 36 persons per net
acre. The action of the City Council was to continue this mat-
ter and directing staff to bring back additional information on
how the density figures are calculated, with a view to a lower
density such as 45 beds per acre . There was also concern over
the number of persons per room.
ANALYSIS:
The attached communication from the Danish Care Center notes that
state licensed health care facilities space standards are regu-
lated by the California office of Statewide Health Planning and
Development. They note, too, that the majority of their patients
are low or no income residents, thus precluding the luxury of a
one person per room operation. In addition, they have indicated
the density standards for some ten similar facilities throughout
California, which ranges from 64 to 196 beds per acre . Letters
of support for the proposed request have been received from the
Twin Cities Community Hospital, Long Term Care Ombudsman Servi-
ces of San Luis Obispo County, and the County Department of
Social Services .
staff also conducted additional research on prevailing nursing
home standards elsewhere in the County and Santa Barbara County,
as indicated in the attached May 2 , 1989 memorandum. The clear
fact is that most communities do not have a standard for skilled
nursing facilities, but establish the density on the basis of
conditional use permit. The recommendation from the staff and
the Planning Commission is to set a maximum density of 55 beds
per acre, provided that traffic analyses support the fact that
such density would not create more traffic than would be gener-
ated by a multi-family development on the same site. This
provides assurances of compatible density not provided for in any
other standard that we have been able to find.
RECOMMENDATION:
In the spirit of the National Nursing Home Week Resolution passed
by the Council on May 9 , 1989 , staff continues to support
approval of the attached Ordinance No. 194 by:
1 . Approval of Ordinance No. 194 by title only.
2 . Approval of Ordinance No. 194 on first reading.
ALTERNATIVE:
Should the Council so desire, the density outlined in Exhibit A
of Ordinance No. 194 could be changed to 28 beds per acre for
RMF/10 zones and 45 beds per acre for RMF/16 zones .
HE :ph
Enclosure: . .May 2, 1989 Memorandum re . Regulations of
Other Planning Agencies
. .May 5 , 1989 Letter from Danish Care Center
. .May 5 , 1989 Letter from Twin Cities Community
Hospital
. .May 4 , 1989 Letter from Long Term Care
Ombudsman Services of San Luis Obispo County
. .May 9 , 1989 Letter from County Department of
Social Services
. .April 25 , 1989 City Council Staff Report
cc : Mr. Wayne Evans
M E M O R A N D U M
TO: Henry Engen
FROM: Michael Sullivan, Assistant Planner, City of Atascadero
DATE: 2 May 89
RE: Regulations of other planning agencies for Skilled Nursing
Facilities maximum permitted density. (Background info. for Zone
Change 17-88 , Danish Care Center, 10805 El Camino Real, Atasca-
dero, Ca. )
I have found the information listed below for permitted
density of skilled nursing facilities (Nursing homes) with group
quarters in high-density multiple family residential zones:
Planning agency / Regulation pertaining to
contact person/ maximum density for skilled
phone nursing facility
Atascadero Existing regulation: 36 persons per
(Zoning ord. 9-3. 175d) net acre
Proposed regulation: 55 it
S.L.O. County Non-ambulatory: Case by case, Use
Larry Kelly 549-5607 Permit. No specific density limit.
549-5765 Ambulatory: density limits as for
regular apartments.
Pismo Beach Use permit. No specific density limit.
Lucille Breese
773-4658 City has no nursing homes at present
Morro Bay
Bill Farrel 772-1214 In single family zone: can have up to
6 beds; c.u.p. . other zones: no spec-
ific density limit; c.u.p. .
Grover City 6 or fewer persons: Use permit.
Over 6 persons: No specific reg-
ulation pertaining to nursing homes.
Jennifer Job 489-8422 Density limits would be as for R-3 zone
regulating minimum gross lot size. Use
permit would be required.
City of Santa Barbara
Larry Carter 564-5561 Case by case, Use Permit.
No specific density limit.
• 0
D ush Care a nw., Inc.
Post Office Box 1749
Atascadero,California 93423
Telephone 466-9254
May 5, 1989
To: The Mayor and City Council Members
of the City of Atascadero
On April 25, 1989 Mr. Henry Engen and staff presented to
the city council a text change to the zoning ordinance to
increase the density per acre so that it might be possible to
expand the services provided for the elderly population of
Atascadero and adjoining communities. During this time
questions were raised and the issue was to be continued. The
purpose of this letter is to hopefully clear up those
questions members of the city council might have.
The construction or expansion of state licensed
healthcare facilities are regulated by the State of
California Office of Statewide Health Planning and
Development. Their regulations specifically set forth room
sizes, distance to nursing stations, storage space
requirements, dining room requirements, activities room
requirements, etc. Therefore it is our intent to expand the
facility to allow for the additional needed beds, not to
increase the density in the existing building. Since these
patients are primarily non-ambulatory and bed bound, their
space requirements are minimal.
We are a certified Medi-Cal facility which allows us to
provide convalescent care services to the low or no income
residents. The State of California reimburses us $51.35 per
day to provide housing, nursing, housekeeping, dietary,
social services, activities and administration for our
patients. We would hope that since we are a provider of
services to the low income, that we would be entitled to a
bonus density of whatever density you allow.
Facilities which we have knowledge of:
(1) Americana Healthcare - Lompoc, CA
150 bed Skilled Nursing
130 bed Residential Care Facility
280 beds on 4. 36 acres= 64 beds per acre
Mayor and City Council Members - Atascadero
May 5 , 1989
Page 2
(2) Canoga Convalescent Hospital - Canoga Park, CA
200 bed Skilled Nursing on 2.17 acres = 92 beds
per acre
(3 ) Diablo Convalescent Hospital/Tamarack Manor
Danville, CA
54 bed Skilled Nursing
49 bed Residential Care
103 beds on 1.1 acre = 94 beds per acre
(4) Balowen Convalescent Hospital - Van Nuys, CA
50 bed Skilled Nursing on .61 acre = 82 beds
per acre
(5) Everhealth Convalescent - Glendale, CA
94 bed Skilled Nursing on .69 acre = 136 beds
per acre
(6) Hill-Cal Convalescent - Pasadena, CA
99 bed Skilled Nursing on 43 ,566 sq. ft. = 99 beds
per acre
(7) Everhealth Convalescent - Bellflower, CA
99 bed Skilled Nursing on 55, 321 sq. ft. = 78 beds
per acre
(8) Hickory House Convalescent - Camarillo, CA
42 beds on 13 ,800 sq. ft. = 132 beds per acre
(9) Santa Paula Nursing Home - Santa Paula, CA
20 bed convalescent on 8,075 sq. ft. = 107 beds
per acre
(10) Twin Palms - Port Hueneme, CA
90 bed convalescent on 20,000 sq. ft. = 196 beds
per acre
These ten nursing homes reflect the typical density
allowed throughout California for nursing homes. The average
density for these ten homes selected at random is 108 beds
per acre. Therefore we feel our request for 55 beds per acre
is very reasonable.
M i
Mayor and City Council Members - Atascadero
May 5, 1989
Page 3
Please understand this request to allow the expansion of
the Danish Convalescent Hospital is simply to allow us to be
able to meet the increasing need of convalescent care
services for the residents of the city. Sending these
patients elsewhere is at the very least a real inconvenience
for both the patients and their families.
I am enclosing copies of letters from associates who we
feel exemplify the need for the additional availability of
convalescent care services within the city.
The Danish Convalescent Hospital has been servicing the
convalescent care needs of the elderly residents of
Atascadero since 1961. We are very proud of the job we do
and have an excellent reputation with the State Department of
Health.
I would like to invite each of you to tour our facility
in order to be more familiar with our operations. Please
contact me at 466-9254 should you care to do so.
If you have any questions or concerns, please contact
me.
Very truly yours,
Cb,,(:;F, -a-
i
Bryan Roldan
cc: Mr. Henry Engen
Community Development Director
r
TwinCitiesCommunityHospitol
CO _ss -;a Barry A. Woftan
Chief Executive Officer
"QCT. sJ1-_a
may 5, 1989
tascadero City Council
tascadero, CA 93422
Dear Sirs:
I am writing to you to support the expansion of Danish Convalescent by thirty
killed nursing beds.
s a Discharge Planner at Twin Cities Community Hospital for the past twelve
ears, I have been responsible for the transfer of approximately 2,000
patients to Skilled Nursing Facilities in this County. When there has been no
ed available in San Luis Obispo County, it has been necessary to send
atients farther away, generally over to Fresno or Bakersfield, where beds are
ore plentiful.
I know you must be aware of the hardship and grief of seeing elderly couples
separated after 50 or 60 years of marriage, because there are no beds
vailable in the area where they live. Private paying patients usually do not
have a problem. But, the fact is that 60 to 70% of the patients in Skilled
Nursing Facilities have had to apply for Medi-Cal because they have exhausted
their life savings paying medical bills. Unless you have tried placing a
patient who has Medi-Cal coverage, you cannot imagine the difficulties this
resents! Patients living in the North County have a unique problem in that
the only alternative they have, if there is no bed available in their
community, is to go over the grade to San Luis Obispo or even Arroyo Grande.
I believe we owe it to our older citizens to provide the services they so
justly deserve. The problem of the dire shortage of nursing home beds is
becoming increasingly critical.
Sincerely,
Lucy Noble,
Social Services Director
. LONGTERM CARE
OMBUDSMAN SERVICES
OF SAN CUTS OBISPO COUNTY
520 PINEY WAY
MORRO BAY, CALIFORNIA 93442
TELEPHONE (805) 772-3059
May 4, 1989
Members of the City Council
City of Atascadero
6500 Palma Avenue -
Atascadero, CA 93422
Dear Members of the Council:
The intent of this letter is to support the addition of rooms
to Danish Care Center located at 10805 El Camino Real, Atascadero.
Throughout San Luis Obispo County there is a shortage of long-
term care beds. This is particularly true in Atascadero. One of
the duties of the Ombudsman Program is to counsel families on
placement . The two skilled nursing homes in Atascadero and the
one located in Templeton normally have waiting lists. This
results in Atascadero citizens being admitted to facilities in
other parts of the county.
When a person resides in a nursing home where family and friends
find it difficult to visit regularly, there is always a marked
decline in the emotional and mental well being of the resident.
Nursing home residents who have frequent' visi+ors receive a
higher degree of care than those who lack advocates . Many of the
family and friends of nursing home residents are themselves
elderly and in poor health making it difficult to travel to other
areas of the county.
If I can supply any further information, please contact me. I .
would be pleased to be of assistance.
Si erely,
Shirley M , ..,, a-Bird
Program C ator/Manager
tE4M
0 9
_ t
•V D 0
A NONPROFIT
?AVEXEHPT AGENCY
'eso Department of Social Services
- COUNTY OF SAN LUIS OBISPO 3220 SO.HIGUERA SAN LUIS OBISPO,CA 93401
tiv THOMAS S.CANOE PLEASE REPLY TO:
DIRECTOR N Orton
X16 ® 3220 So.Higuera,Suite 102
P.O.Box 8119
San Luis Obispo,CA 93403-8119
May 9, 1989 ❑ 5575 Capistrano
P.O.Drawer 1090
Atascadero,CA 93423
❑ 1523 Longbranch Ave.
Brian Roldan , Administrator Grover city,CA 93433
Danish Care Center Inc .
P.G. Box 1749
Atascadero, CA 93422
Dear Mr. Roldan,
This is to confirm our recent discussion regarding the
availability of nursing home beds in San Luis Obispo County .
As a social 'worker in Adult Protective Services with the
Department of Social Services , from time to time I am involved
in trying to locate a bed for one of my clients . Each time
I have attempted to do this I have found that there are few
or even no vacancies at any of the nursing homes in this county.
This , at times , has resulted in people having to be placed in
other counties far from family or friends .
Within the past month I was involved in trying to locate
nursing home beds for an elderly couple who had been married
for 67 years . I was unable to locate two beds for them in
any one facility in San Luis Obispo . They had to be moved
from their home into two separate facilities after 67 years
of marriage. Needless to say, this caused grave trauma to
this aged couple.
I certainly feel there is a shortage of nursing home beds in
San Luis Obispo County . I hope more beds can be added to help
alleviate the types of problems described above.
Very truly yours , Approved by:
Neva Orton Jan Wischnia
Social Worker III Social Worker Supervisor I
Jh
DATE—L ITEM#
M E M O R A N D U M
TO: City Council April 25 , 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director tv .
SUBJECT: ZONE CHANGE 17-88
APPLICANT: Danish Care Center (Wayne Evans)
LOCATION: City-wide
REQUEST: To change the zoning text standards relative to
"Group Quarters"
BACKGROUND:
On April 4 , 1989 , the Planning Commission conducted a public
hearing on this zone text change request by Danish Care Center.
The Commission unanimously voted to recommend approval of a
change in density from 36 beds per net acre to a maximum of 55
beds per net acre as reflected in attached Ordinance No . 194 .
Consideration of increased densities for skilled nursing type
facilities would be by conditional use permit and require a
finding that traffic generation is no more than would be
generated by a multiple family project . There was brief
discussion and public testimony as reflected in the attached
minutes excerpt .
RECOMMENDATION:
Recommend approval of Zone Change 17-88 by:
1 ) Approval of Ordinance No. 194 by title only
2 ) Approval of Ordinance No . 194 on first reading
HE :ps
ATTACHMENTS : Ordinance No. 194
Staff Report Dated April 4 , 1989
Minutes Excerpt - April 4 , 1989
CC : MR. WAYNE EVANS
i •
� I'I
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 by 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:
1 _ 9
lg '�-+_-
HENRY ENGEN, Community Dev. Director
d f
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
L
FACILITIES SUCH AS SKILLED NURSING FACILITIES WHERE
ENTS ARE PRIMARILY NONAMBULATORY, THE FOLLOWING MAXIMUM
ET ACRE DENSITIES MAY BE PERMITTED, SUBJECT TO PLANNING
SSION 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.
0 •
CITY OF
ATASCADERO Item: B. 2
STAFF REPORT
FOR: Planning Commission Meeting Date: April 4 , 1989
BY: Henry Engen File No: ZC 17-88
SUBJECT•
Consideration of a request by the Danish Care Center to change
the zoning text standards relative to "Group Quarters" to allow
for a skilled nursing facility to increase their density from 36
beds per net acre to 60 beds per net acre .
BACKGROUND:
As indicated in the attached staff report to the City Council ,
the Danish Care Center is seeking to expand their 64 bed
facilities by the addition of 12 beds to the skilled nursing
facility plus a 24 bed residential care facility. This request
was approved by the City Council for consideration following
review of the attached January 17 , 1989 report to the City
Council .
ANALYSIS:
Under Section 9-3 . 175 of the Zoning Ordinance, allowable
densities for "Group Quarters" are provided for as follows :
MAXIMUM POPULATION
DENSITY
Low Density multiple . . . . . . . . . . .22 persons/net acre
Family Residential
High Density Multiple. . . . . . . . . . 36 persons/net acre
Family Residential
This standard was added as part of the comprehensive rewrite of
the Multi-Family Density standards to provide an approximate
equivalent population density standard for non-conventional
housing arrangements in the multi-family zone.
In considering the situation with a use such as the Danish Care
Center, it would be reasonable to allow increases in density
given the non-ambulatory nature of the residents of the
facility. Further, this type of use requires less parking than
board and care, fraternity house, sorority house, or other types
of group quarters . Hence, increases in population coupled with
decreases in parking needs would support the logic of permitting
adjustments in density above the current maximums, both for the
RMF/16 and for the RMF/10 zones . Density increases might best be
considered in relation to the traffic generating characteristics
of group quarters . The Institute of Traffic Engineers provides
us with the following average daily traffic standards :
USE AVERAGE DAILY TRAFFIC
Multiple Family 6 . 1 trips per dwelling
Nursing Home 2 .7 trips per bed
In reviewing standards in other county communities, the City of
San Luis Obispo does have persons per net acre density standards
for group housing that allows up to 55 persons per net acre in
their high density multi-family and selected commercial
districts . It should be noted, however, that the high density
multi-family zone in this college community allows up to 24
dwelling units per net acre, as compared to our high of 16 per
net acre. with conditional use permit review, it would be
possible to consider appropriate maximum density based on the
traffic generating characteristics of the proposed use and in
this regard it would be suggested that the applicant submit a
traffic engineering analysis of the expected traffic volumns as
compared to what the normal multi-family development would
generate to justify density increases . This same analysis could
provide the basis for providing relief from the literal parking
standards of the multi-family zone and its permitted uses . Group
quarters , for example, require one parking space per bed.
Clearly, in a non-ambulatory situation this is excessive .
RECOMMENDATION:
Following review and discussion, recommend to the City Council
approval of the attached draft ordinance to enable consideration
of higher population densities per acre for uses such as nursing
homes .
HE :ph
cc : Mr. Wayne Evans
Encls : January 17 , 1989 - Report to the City Council
Draft Ordinance
AGFVDA,.-_ .
ITEM t r.
M E M O R A N D U M
TO: City Council
VIA: Ray Windsor, City Manager
Henry Engen, Community Development Director I-v�,
FROM: Steven L. DeCamp, Senior Planner
DATE: January 17, 1989
RE: Request for initiation of Zoning Ordinance Text Amendment
- Danish Care Center
SUBJECT:
The Danish Care Center has submitted a letter requesting an
amendment to the text of the Zoning Ordinance to increase the
density allowed at their facility on south E1 Camino Real from 36
beds/net acre to 60 beds/net acre. The applicant believes that
increasing demand for their services warrants such a change and
that the increased density can be adequately accommodated at
their current location.
BACKGROUND:
Provisions for modification of the City' s Zoning Ordinance text
are contained in Section 9-1. 114. This section states that text
amendments may be initiated by:
" (1) The City Council or Planning Commission upon its own
motion ; or
(2) The City Council of 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:
Density standards for "group quarters" (skilled nursing and
residential care facilities) are contained within the Residential
Multiple Family density standards in Section 9-3. 175 of the
Zoning Ordinance. Allowable densities for group quarters are
based on "Persons/Net Acre" as opposed to "Dwelling Units/Net
Acre" as is used to determine allowable densities for multiple
• •
family projects. Group quarters are allowed 22 persons per net
acre in the Low Density Multiple Family Residential Zones and up
to 36 persons per net acre in the High Density Multiple Family
Residential Zones. These density standards were established in
1987 by Ordinance #149 (Zone Change 3-87) .
The density standards applied to group quarters are based, in
part, on the number of persons per acre anticipated with standard
multiple family developments. Some additional density is allowed
because of the reduced number of parking spaces required and
differences in site coverage occurring with group quarters. In
some cases, it may be appropriate to allow higher densities in
group homes than is currently permitted, if all other standards
can be met. It may also be appropriate to differentiate between
ambulatory and non-ambulatory populations in determining
allowable densities. Finally, it may be appropriate to provide
for consideration of modifications to the density standards
through a Conditional Use Permit.
Given the complex nature of the problems related to the location
and density of group quarters and other facilities, and the
obvious need to make provisions for an increasingly elderly
population, staff believes a review of the Zoning Ordinance' s
provisions for group quarters is appropriate.
RECOMMENDATION:
Staff recommends that the City Council initiate, for review and
consideration, a Zoning Ordinance Text Amendment relative to the
residential density and development standards for group quarters.
CC: Wayne A. Evans, Care Center Consultants
Attachments: 1 . December 22, 1988 letter from Care Center
Consultants (Danish Care Center, Inc. )
2. Zoning Ordinance Excerpt
2
0 0 ATTACHMENT �
CARE CENTER CONSULTANTS i
Consulting and Management of Health Care Operations
SKILLED NURSING
FACILITIES
CABRILLO CARE I December 22 , 1 9 8 8
CENTER. INC.
3033 Augusta Street
San Luis Obispo
California 93401
V, E
CANOGA CARE Mr . Steve D e C a m p
CENTER. INC. The City of Atascaderon DEC
9 ;Cr. 3
D
22029 Saticoy Street 6500 P a l m a
Canoga Park
California 91304 Atascadero , CA 93422 0I.��f1
JM VIjVI T'� �L f LL r yl "i
DANVILLE CARE Dear Mr . DeCamp :
CENTER, INC.
336 Diablo Rd. We are hereby requesting a change in the zoning
Danville
California 94526 text which will allow us to expand our skilled nursing
facility by 14 needed beds and 24 residential care beds .
DANISH CARE This will allow us to properly service the increased
CENTER. INC. community needs for long term care accommodations so
P.O. BOX 1749 , that the residents in turn won ' t have to go outside the
Atascadero community in which they live to obtain such services .
California 93423
The need for such services is increasing on a
BALOWEN I monthly basis and unless steps are taken immediately ,
CARE CENTER
16955 Vanowen Street we foresee a crisis in the future . This is evidenced
Van Nuys I by numerous articles written in many magazines and
California 91406 newspapers today .
RESIDENTIAL The zoning text changes we are requesting is in
CARE line with other cities throughout the state .
FACILITIES
TAMARACK MANOR If you have any further questions , please contact
336 Diablo Rd. me .
Danville
California 94526
Very truly yours ,
LAUREL CARE CARE CENTER CONSULTANTS
CENTER. INC.
700 Laurel Ave.
Oakdale
California 95361
by `1"�' �--'
Wayne A. Evans
I
2501 W. Shaw Ave.. Suite 122, Fresno, CA 93711
(209) 226-2449
ADOPTED JUNE 27 , 198.0 0 ATTACHMENT 2
(h) Bed and Breakfast
(i) Skilled Nursing Facility (See Section 9-6 . 134)
(j ) The following uses where established in a residential
structure of historical importance:
(1) Broadcasting Studios
(2) Business Support Services
(3) Libraries and museums
(4) Offices
(5) Personal Services
(6) School-business and vocational
9-3. 174. Lot Size: The minimum lot size in the Residential Mul-
tiple Family Zone shall be one-half acre. Smaller lot sizes may be
allowed for planned residential developments, including condominiums
and mobilehome developments, provided that the overall density within
the project conforms with Section 9-3.175 (Density) .
9-3. 175 . Density: The maximum allowable density in the Residen-
tial Multiple Family Zone shall be designated on the Official Zoning
Maps as provided by Section 9-3 . 104 (c) and be established in accord-
ance with the General Plan as follows:
(a) Areas Designated Low Density Multiole Family Residential :
The maximum number of dwelling units per net acre is as
Z
ollows :
Number Of Dwelling
Bedrooms Units/Acre
1 10.0
2 7.5
3 5 .0
4= 3. 8
(b) Areas Designated High Density Multiple Family Residential :
The maximum number of dwelling units per net acre is as
follows :
Number Of Dwelling
Bedrooms Units/Acre
1 16
2 12
3 8 II
3-20
ADOPTED JUNE 27 , 19�
(c) Hillside Densit,r Standards : The maximum densities permitted
y Subsections a) anao) above , shall be modified to the
following maximums based on site topography, as follows :
Average Low Density Multiple Family High Density Multiple Familv
Slope 1BR 2BR R BR:; 1BR 2BR 3BR 4BR+
0-10% 10 7.50 5 . 0 3 .80 16 12.0 8.0 6 . 0
11-157 7 5 .25 3 .5 2. 66 12 8.4 5 . 6 4.2
16-20% 5 3. 75 2 .5 1.90 8 5 . 6 3. 7 2 . 8
21-25% 3 2. 75 1.5 1. 14 6 4,2 2.8 2. 1
26-30% 2 1.50 1.0 0. 75 4 2. 8 1.8 1.4
317;+UP 1 . 0. 75 0.5 0. 38 2 1.4 0. 9 U. 7
(d) Group Quarters : The maximum population density for group
quarters shall be as follows :
Maximum Population
Densitv
Low Density Multiple 22 Persons/Net Acre
Family Residential
High Density Multiple 36 Persons/Net Acre
Family
(e) Sewer Servicer Sewer service and the inclusion of property
within the urban services line (USL) shall be a prerequisite
to developing multiple family projects to the density stan-
dards of the R.11F Zone. RMF-Zoned properties outside of the
Urban Standards Areas shall develop in accordance with the
standards of the RS Residential Suburban District.
(f) Density Bonus : A density bonus of up to 25% may be granted
through Conditional Use Permit approval in exchange for pro-
vision of affordable housing to low and moderate income per-
sons .
In lieu of granting a density bonus , the Planning Commission shall
consider other bonus incentives allowable under Government Code
Section 65915 .
9-3 . 176 . Property Development Standards . In addition to the stand-
ard-s specified in Chapter 4, General Site and Development Standards ,
the following development standards shall apply to Mobile Home and
Multiple Family Residential projects :
(a) Percent Coverage. The maximum percent of a lot that may be
covered by structures (excluding decks less than 30 inches
from the ground) shall be 40% for Low Density TIultiple Fam-
ily projects and 50�Z for High Density Multiple Family pro-
jects . 0
(b) Enclosed Storage. Each dwelling unit shall be provided a
minimum of 100 square feet of enclosed storage space , exclu-
sive of closets , which may be located in either a principal
or accessory building.
3-21
ORDINANCE NO.
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 .
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 by 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:
HENRY ENGEN, Community Dev. Director
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 FACILITIES SUCH AS 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.
MINUTES EXCERP0 PLANNING COMMISSION - 4/09
2 . ZONE CHANGE 17-88 :
Request submitted by the Danish Care Center to change
the zoning text standards relative to "Group Quarters"
to allow for a skilled nursing facility to increase
their density from 36 beds/net acre to 60 beds/net
acre .
Henry Engen presented the staff report on this request.
Staff is recommending an increase of up to 55 beds per net
acre for non-ambulatory patients .
Commission questions and discussion relative to traffic
impacts , maximum employee vehicles in parking area with
shift overlaps , density bonus options and the difference
between board and care facilities and skilled nursing
facilities followed. Commissioner Highland offered that he
has been going to Danish Convalescent Center for 30 years
and has never seen the parking lot over 3/4 full .
Don Spenhoff, design consultant for Danish Care Centers,
spoke in support of an increase to 60 beds, but indicated
they would accept a 55 bed per net acre standard.
Celia Moss spoke in support of the request noting that
patients are being located in other areas outside SLO County
which makes it difficult to maintain contact with relatives
and friends . Skilled nursing facilities, in terms of space
requirements for patients , were more similar to hospitals
than board and care facilities .
MOTION: Made by Commissioner Highland and seconded by Com-
missioner Waage to recommend approval of the draft
ordinance to enable consideration of higher popu-
lation densities per acre for uses such as nursing
homes . The motion carried 7 : 0 .
..:�;� -• :::fir �.
M E M O R. A N D U M
DATE: 5/15/89
TO: City Council
VIA: Ray Windsor, City Manager
FROM: dike Hicks , Fire Chief
SUBJECT: Weed abatement public hearing - 5/23/89
Background:
As part of the ;geed abatement process , the City Council is
required to hear objections to the proposed removal of weeds ,
rubbish , and other combustible material . This hearing allows any
affected property owner to protest the proposed abatement of
hazards on their property.
After hearing the objections , the City Council overrules or
allows any objection . This can be done by resolution or motion.
I recommend action by motion , i . e . , 'I move we ( allow - overrule )
the objection to the proposed removal of noxious or dangerous
weeds on the lots identified. "
After disposing of the objections , or if no objections are mace ,
the Council orders the abatement of the nuisance . This also can
be done by motion or resolution .
As of this date we have received no written protests .
Recommendation:
I recommend action by motion, i . e . , "I move 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 . "
Fiscal impact. :
Nolle .
J1A ,,,
Nlih-E HICKS
F7RE CHItEF
mEErlNix AGENDA
M E M O R A N D U M
TO: City Council May 23, 1989
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 El 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 is
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
i
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 907 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
e be
Ken Craig
EFFECTIVE DATE O .tY 13, 1988 •
DCHIBIT 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 therinci al 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 followingaeters
findings shall be eenag tiered made:
( i ) The type of e& merei-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 . 13&1 ; and
( ii) The opportunity to combine signs for more than one
use on the same pole has been considered; and
(-i-+-+j The-&Y&i=I-abi-F-Fly-of-et-her-types-ef-gi-9nimng-al-eng
the-freeway;-and
H-v} ( iii ) The sign area and height are the minimum
needed to achieve adequate visibility along the _
freeway due to ramp Locations and grade
differences. "
CITY OF ATASCADERO Item: B-2
STAFF REPORT
FOR: Planning Commission Meeting Date: January 19, 1988
BY:,0��teven 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. . . . . . . . . . . . . .Citywide
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 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 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
each 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
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
i environmental and aesthetic principles suggested in the
Atascadero Policy statement and outlined in the Community
Appearance chapter of this plan. "
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 also address
the issues of signs. Policy No. 4 states:
"4. 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.
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 &&&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 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 faeters
findings shall be eerr&i4ered 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. 1361; and
fir i} �l�e-agpor trri �*-tom-e ire-sem;rta-€ar mare-t-h& s-arke
lt&e-en-tire-&&Ree-Pere,--arid
filo} Tll-e -a€-ot-ker-types-o€-grri -aiertg
tyre-freeway;-arid
¢i__f} (ii) The sign area and height are the minimum
needed to achieve adequate visibility along the
freeway due to ramp locations and grade
differences. "
• MEETfNG� AGENDA n
DATE rMEf t
M E M O R A N D U M
DATE: May 16, 1989
TO: Ray Windsor
City Manager
FROM: Andrew J. Takata, Director
Department of Parks, Recreatiorr and Zoo
SUBJECT: PROPOSED SKATEBOARD ORDINANCE
BACKGROUND:
At its meeting of March 28, 1989, the City Council requested the
Parks and Recreation Commission to examine the possibility of an
ordinance regulating the use of skateboards in Atascadero.
On April 20, 1989, the Parks and Recreation Commission endorsed
the concept of a skateboard ordinance, but did not make any
recommendation as to what restrictions should be incorporated or
specific areas to be affected.
DISCUSSION/ANALYSIS:
Staff has attached a proposed ordinance which the City Council
may wish to utilize in the preparation of an ordinance.
The proposed ordinance would restrict the riding and parking of
skate- boards within the boundaries of the Business Improvement
Association area of the downtown section of the city. In
addition, it would also prohibit the use of skateboards on
private parking lots within the city limits of Atascadero that
are posted by the owner .
The reason for the proposed ordinance is due to the increasing
number of complaints that have been received from the community
concerning skateboards.
RECOMMENDATION:
Therefore, it is recommended that the City Council utilize the
attached proposed ordinance as a working document to implement an
ordinance to regulate the use of skateboards within the
boundaries of the Business Improvement Area of the downtown
section of the City of Atascadero and posted private parking
lots within the city limits of Atascadero .
AJT:kv
File: skate3
PROPOSED ORDINANCE
ORDINANCE NUMBER ----
AN ORDINANCE OF THE CITY OF ATASCADERO
ADDING ARTICLE 16 TO CHAPTER 2 OF TITLE 4
OF THE ATASCADERO MUNICIPAL CODE
ENTITLED
REGULATIONS FOR SKATEBOARDS
The Council of the City of Atascadero ordains as follows:
Section 1 . Article 16 is added to Chapter 2 of Title 4 of
the Atascadero Municipal Code to read as follows:
ARTICLE 16. REGULATIONS FOR SKATEBOARDS
Section 4-2. 1601 . Effect of Regulations
(a) The parent of any child or guardian of any
ward shall not authorize or knowingly permit
any such child or ward to violate any of the
provisions of this article.
Section 4-2. 1602. Riding Restrictions
(a) No person shall use, ride, or operate any
skateboard upon any sidewalk , public street ,
or publicly owned parking lot , or in
violation of any of the provisions of the
Vehicle Code. The provisions of Section
4-2. 1602a shall apply to the Downtown
Parking and Business Improvement area only,
as specified in Title 3, Chapter 11 ,
Section 3-11 .02 of this Code.
(b ) No person shall use, ride or operate any
skateboard upon any private parking lot
within the city limits of Atascadero, when
such private parking lot is posted by the
owner . Posting shall consist of a sign not
less than 17 by 22 inches in size, with
lettering not less than one inch in height ,
prohibiting skateboard riding on the property
displayed at all entrances to the property.
Section 4-2. 1603 Parking Restrictions
No person shall park or leave any skateboard upon
any street or sidewalk in such a manner as to
obstruct or hinder the free passage of pedestrians
or other vehicles permitted to use the same.
Ordinance Number • Page 2
Section 2 . 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 this City in accordance with
Government Code Section 36933 ; shall certify the adoption of this
ordinance; and shall cause this ordinance and certification to be
entered in the Book of Ordinances of this City.
Section 3 . Effective Date. This ordinance shall go into
effect and be in full force and effect at 12: 01 a.m. on the thirty-
first (31st) day after its passage.
On motion by Council member and
seconded by Council member , the
foregoing ordinance is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
CITYOFATASCADERO, CALIFORNIA
By
BONITA BORGESON, Mayor
City of Atascadero
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO FORI�i:
,JEFFREY G. JORGENSEN, City attorney
APPROVED AS TO CONTENT:
RaY 1+1I_ZSOR,-City Itanager
DRAFT MINUTES (Thew m ess have not yet been JonmattyWoved by the
Pank.a aAWRecAeation Commizzion)
PARK AND RECREATION COMMISSION MINUTES - APRIL 20, 1989
ITEM 5-B - SUMMER SWIM PROGRAM PROPOSAL:
Staff states that the Parks, Recreation and Zoo Department has
been approached by the Atascadero School District with a proposal
to administer their summer, 1989 swim program at Atascadero High
School and Creston Elementary School . It is clarified that no
formal discussions have transpired as yet. .
After reviewing alternatives, staff feels that the Parks,
Recreation and Zoo Department would be interested in pursuing
this proposal . However, due to the late date, it is felt that
formal discussions are needed to provide a quality program,
preferably in the summer of 1990.
MOTION: Commissioner Bench moves to recommend to the
City Council that staff negotiate with the
Atascadero Unified School District to
administer the operation of the District 's
pool program for the summer of 1990;
Commissioner Smart seconds; motion
carries 5-0
** ** ITEM 5-C - PROPOSAL TO RESTRICT SKATEBOARD USE WITHIN ATASCADERO:
The City Council has requested the Parks and Recreation
Commission review the need for an ordinance to restrict
skateboard use in certain areas of Atascadero.
Chairman Harris voices his concerns to ban a means of
transportation (since bicycles are allowed) without effort's to
accommodate skateboarders.
The Commission reviews possible areas to curtail use of
skateboards. It agreed that there is a need to educate students
on skateboard safety (as provided for bicycle safety) , and feel
this can be done Jointly between the Atascadero School District
and Police Department.
MOTION: Commissioner Smart moves to acknowledge to the
City Council that the Parks and Recreation
Commission agrees that there is a safety concern
regarding skateboards, and recommend the City
Council begin the process for adoption of an
ordinance restricting use of skateboards in
certain areas of Atascadero and encourage an
education process on skateboard safety Jointly
School District and Police Department; seconded
by Commissioner Bench; Motion carries 5/0
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ATASCADERO BUSINESS IMPROVEMENT ASSOCIATION
BOUNDARIES
From the South corner of Morro Road at the 'Highway 101
over-crossing then in the generally northwest direction
immediately adjacent to Highway 101 , to a point , at the
intersection of E1 Camino Real and Rosario Ave. , then
easterly along Rosario Ave. , to a point at the intersection
of Rosario and Palma Ave. , then easterly along Palma Ave.
to the rear lot line of parcels on the west side of Traffic
Way, then north along said rear lot lines to the rear lot
lire of parcels on the south side of Olmeda Ave. , then
easterly to the rear lot line of parcels on the west side
of Traffic Way, then north along said rear lot lines to
include Lot 24 of Block LA, of Atascadero , then northerly
along the center line of Traffic Way , to a point , then
easterly to include the presently existing National Guard
Armory Property, then to a point easterly to the intersection
u
of West :Mall and Santa Ysabel Ave. at the West Mall bridge ,
then southerly along Santa Ysabel Ave. to a point at the
intersection of the southerly leg of '_Hospital Drive and
Santa Ysabel Ave. , then easterly from that point to the ex-
tension of proposed :Highway 41 , then southwesterly to the
Morro Road/Highway 101 over-crossing, point of beginning.
The area shall include all businesses located on parcels contiguous too
the Traffic Way boundary.
11*
1
United ffi'tj, of San Luis Obispo County
0 Neighbors Helping Neighbors
May 11 , 1989 R E C F. E V E 0
MAY 2 u 19,9
Hon. Bonita Borgeson , Mayor
City of Atascadero C17Y MGR.
6500 Palma
Atascadero, CA 93422
Dear Mayor Borgeson:
As you may know, the federal government has a program for providing for
emergency food and shelter to local communities. This program is
administered through a national board, chaired by the Federal Emergency
Management Agency. Locally, in many communities, United Ways provide the
staff support to local boards charged with the distribution of the monies.
In San Luis Obispo County, we have operated the FEMA program through the
United Way for some years. With the advent of a San Luis Obispo County
United Way in January of 1989, the program has continued without
interruption. The make-up of the local board is mandated by the
legislation that provides the money, and requires participation from all
local government jurisdictions, along with clergy, service providers, and
United Way staff.
We would very much like for you to appoint a representative from the city
of Atascadero to serve on the local board. The commitment is fairly light,
being heaviest in the fall when applications are received and reviewed by
the local board for fund distribution. Our local board also administers
the state's emergency food and shelter program, which has a funding cycle
at about the same time. After that, there is a need for mid-year program
review which requires one meeting in the spring. Staff support is provided
by United Way in the interim.
In order for our local board to be truly representative, it is imperative
that the entire community is heard on the local board. An appointed
representative from Atascadero would facilitate us making better decisions
for our entire county. If I can answer any questions for you, please do
not hesitate to call me at 549-3541 .
Sincerely,
'_ a
Janet K. Bradford, ., r!pers n
FEMA Local Board
cc. Ray Windsor, City Administrator
MEMORANDUM
To : Honorable Mayor and City Council
Through: Ray Windsor, City Manager
From: Paul M. Sensibaugh, Director of Public Works/City Engineer
Subject : Household Hazardous Wastes—Program Cost Distribution
Date : May 16, 1989
Recommendation:
Staff recommends that the City participate in the trial program
on a one year basis and that each household share in the cost of the
program via the General Fund during the upcoming budget process .
Background :
The former County Solid Waste Management Plan and now the
County Hazardous Waste Management Plan address household hazardous
wastes as a problem now and in the future . When the former plan was
adopted this City went on record as cautioning against an extensive
regulatory program for household hazardous waste collection and
disposition . As the attached cartoon from the latest copy of the
"Solid Wastes" flyer so aptly points out , the extreme side of a
cause can lead to gestapo—like methods of enforcement or other
unwanted measures . The other extreme, of course, is to ignore the
problem which is compounding annually and which must be addressed
sooner or later.
Discussion:
The County trial program will test the public concern over this
issue and may lead to a viable full time program in the future . The
request from the County is to have all of the cities participate in
order to make the program as fair as possible .
Fiscal Impact :
The attached memo allocates $28, 240 as Atascadero' s fair share
toward the trial program which will basically be a one day affair
somewhere in the North County quadrant . The County' s estimate of
the average cost per refuse customer is about $5 . 00 per year, and
the average based on residential service only is about $5 . 90 per
year (a year in this case being one day) . Since Atascadero does not
have mandatory collection it would not be fair to attach this cost
to either the refuse hauler or the individual collection billings .
• •
A method that will assure that the entire community will share
in the costs is desirable since the program will be open to all
households . Assuming 7, 000 households the cost would be about $4. 00
each . Budgeting the $28, 240 from the General Fund as an outside
agency request appears to be a reasonable answer for fairness, and
such an approach would place the program into the budgeting arena
where it can be weighed against other necessary appropriations .
An option that perhaps the County should consider is to charge
a fee, say $4 per load, at the collection site . This has less of a
"free" flavor to it and may not assure the reimbursement of
administrative costs, but it would be the most fair distribution of
the costs .
COUNTY OF SAN LUIS OBISPO
HEALTH AGENCY
Department of Public Health �`�`�
2191 Johnson Avenue • P.O.Box 1489
San Luis Obispo,Califomia 93406
(805)549-5500
RECEIVED
APR 18 1989 April 4, 1989
CITY MGR.
Mr. Ray Windsor, City Manager
City of Atascadero
6500 Palma Ave.
Atascadero, CA. 93422
Dear Mr. Windsor:
As City Manager, you are probably aware that the toxic or hazardous chemicals in
consumer products can present adverse health effects and environmental problems
when disposed of unsafely. A major consideration to unsafe disposal of household
hazardous waste is a lack of public awareness of the potential hazards associated
with their disposal practices. In addition, the public is not often provided
with safe disposal alternatives.
The high costs associated with disposing of household hazardous waste at a
permitted hazardous facility invite indiscriminate disposal. In order to prevent
actual and potential hazards associated with unsafe disposal, a safe disposal
option must be provided. One such option is the development of collection
programs for residentially-generated hazardous waste.
Cities in San Luis Obispo County now have the opportunity to take action to avoid
expensive problems in the future. San Luis Obispo County is encouraging the
development of a county-wide Household Hazardous Waste Management Program for San
Luis Obispo County which would consist of a public education program and a safe
household hazardous waste disposal option.
Many products commonly used around the home - drain and oven cleaners,
pesticides, paint products, and many hobby and craft supplies - are toxic and can
be hazardous to our health and environment. Improper storage of these materials
can cause fires and accidental poisoning of children and pets. Improper disposal
of these materials in the trash, the sewer, or vacant lots, can cause explosions;
contaminate groundwater and injure trash haulers and sewage treatment facility
employees.
The first year of the proposed Household Hazardous Waste Management Program would
consist of four household hazardous waste collection days to be held in four
different locations in the county (North County, South County, North Coastal and
Greater San Luis Obispo) . One collection day would be conducted in each of the
aforementioned quadrants of the county per year. A collection day involves
establishing a temporary site and encouraging the public to drop off househoi
hazardous waste at a specified date and time. Typically, the event is held on a
Saturday between the hours of 8:00 a.m. and 3:00 p.m. The location is usually a
centrally located city yard or fire station. A hazardous waste management
company will be contracted to conduct the actual collection, sorting, labeling;
transportation and disposal of the household hazardous waste received during the
event. Approximate cost of the first year of the Household Hazardous Waste
Management Program: $260,000. See Figure 1 for estimated annual budget for
proposed Household Hazardous Waste Management Program.
FIGURE 1: Estimated Annual Budget for San Luis Obispo County
Household Hazardous Waste Management Program
Services and Fees (1)
Lab Packaging, transportation, and disposal $187,200
Overhead (2)
Signs, security, insurance certificate, permits $ 40,800
Publicity (3)
Printing, flyers, postage advertising $ 25,000
Staff (4)
748 hours x $10.00 $ 7,480
$260,480.00
The Board of Supervisors is recommending funding of the Household Hazardous Waste
Management Program through assessing a surcharge on garbage bills as allowed by
Government Code Section 66798.5 (AB 1809) . The structure of the rate increase
previously used with this funding mechanism has been to assess the refuse
collection companies according to their share of the total tonnage of refuse
delivered to landfills within the county.
Approximating a total first year Household Hazardous Waste Management Program
cost of $260,000 and using tonnage data from 1988, the calculated assessment to
each refuse collection company would be approximately $1.80 per ton of refuse
delivered to landfills within the county.
If the refuse collection companies were to divide their assessed fee evenly among
their total accounts, the average cost to each account would be approximately
$5.00 per year.
If the refuse collection companies were to divide their assessed fee evenly among
only the single family residential accounts, the average increase to each account
would be approximately $5.90 per year. (Refuse collection companies within San
Luis Obispo County generally do not have accounting procedures to provide the
nuumber of multi-family units per residential-commercial account, making this
information unavailable at the present time.)
The County and each city within the county have the choice to finance the
proposed Household Hazardous Waste Management Program with a funding mechanism
other than an increase in refuse collection fees. Table A shows a distribution
of the cost of the Household Hazardous Waste Management Program by percent of
Population, if the county, all of the cities, and appropriate districts choose
to participate in the program.
i •
TABLE A: Distribution of Cost of the Proposed Household Hazardous
Waste Management Program
Total ,Percent of Estimated Distribution
Population* Total Population of Annual HHW Program Cost
Unincorporated (County) 84,995 41.6% $108,160
Arroyo Grande 13,7, 0 6.7% 17,420
Atascadero 22,185 10.9'
Grover City 11,021 5.4% 14,,43
Morro Bay 9,975 4.9% 12,740
Pismo Beach 7,102 3.5% 9,100
Paso Robles 15,488 7.5% 19,500
San Luis Obispo 39,850 19.5% 50,000
TOTALS 204,346 100.0% $260,000
*State Department of Finances Estimates as of 1/88.
The Board of Supervisors would like to see one hundred percent participation in
the Household Hazardous Waste Managment Program by the cities and appropriate
districts within San Luis Obispo County, as this would make the program more
efficient and cost effective. If there is not one hundred percent participation
of the governing entities in the program, then distribution of the program cost
would need to be adjusted to include only those participating. This might
compromise the program's viability.
The Board of Supervisors recommends inclusion of this matter on the agenda for
a City Council or Board meeting as soon as possible to determine if your city
or district would be interested in participating in the San Luis Obispo County
Household Hazardous Waste Management Program and to determine how your city or
district wishes to fund its share of the cost of the program. If possible, it
is recommended that financing for this program be included in current fiscal budget
proposals for FY 89/90. This information will help us in establishing the
framework for the collection program.
Thank you for your interest in becoming involved in the San Luis Obispo County
Household Hazardous Waste Collection Program.
Sincerel
G. RO M.D.
Health Agency Director
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Aia�ICA
MEMORANDUM
To: Honorable Mayor and City Council
Through: Ray Windsor, City Manager
From: Paul M. Sensibaugh, Director of Public Works/City Engineer
Subject : Marchant Way Sewer Laterals to Unconnected Parcels
Date : May 16, 1989
Recommendation:
Staff recommends that Council enter into an agreement with Mr .
Hill for two easements for two sewer main extensions for the
following compensation: $2, 000 cash, and; waiver of $850 cease and
desist annexation fee . If such an agreement is not entered into
staff recommends that the City initiate eminent domain proceedings
to obtain said easements .
Background:
Marchant Way-Santa Rosa Sewer Assessment District No. 3
provided sanitary sewer service for 21 lots along the Lake
frontage . The Santa Rosa lots required easements through the
Marchant Way lots in order to connect . The assessment district was
voluntary but was in a "cease and desist" area and would have faced
mandatory connection sooner or later. Due to the cleanup of the
Lake the City participated in the project by holding the maximum
assessments to $5, 000 and paying for the lateral for the city-owned
lot near the intersection of Santa Rosa and Marchant Way.
Each non-vacant parcel was given two (2) years to connect once
the sewer became available . Not only is that deadline rapidly
arriving, but there are three (3) parcels on Santa Rosa that want to
connect (see attached McMurray letter) , but are not willing to Pay
for a private easement through Roy Hill ' s Marchant Way property.
The other easements along the project were either free or some joint
venture was negotiated in trade for such easements .
Discussion :
Attached is Mr. Hill ' s proposal to the City for a single
easement along his easterly property line . Besides $1 . 000 cash it
calls for the waiver of the $850 annexation fee and the Amapoa-
Tecorida Drainage Development Fee (technically unrelated) which is
estimated at $1052 . Item 4 on his list involves a zoning issue
which staff recommends not to be a part of any negotiations . This
package is valued at over $2, 900 . The penciled estimate at the
bottom of Hill ' s list suggests that the easement has a value of
$2, 200, therefore making the above request reasonable in his mind.
i 9
As shown in the attached 8/6/86 letter to Hill , the easement
value is suggested by the City to be about $750 (similar to what was
paid on A.D. #4, Seperado—Cayucos) . Adding the cost of an appraisal
of about $500, the cost for this easement should not exceed $1 , 250 .
Two easements are actually needed to eliminate perpendicular back
yard easements for the three parcels involved. The acquisition of
both easements should cost about $2, 500 . A cash payment of $2, 000,
plus the waiver of the $850 annexation fee would be worth $2,850 .
This is the recommended value to offer Mr. Hill .
Fiscal Impact :
The property owners should contribute to the easement and
lateral costs . A six inch "public sewer" lateral would otherwise be
two or three, four—inch private laterals at the cost of the owners .
Therefore,
(a) City to pay $2 , 000 for two five (5) foot easements;
(b) City to waive $850 annexation fee;
(c) Property owners provide the six (6) inch lateral—mains .
And, if such an agreement can not be reached the City can begin
eminent domain proceedings .
In either case the City could also assess the properties
involved for the costs of the easement or eminent domain
Proceedings . This is not a formal recommendation at this time since
each property is paying an assessment and wants to hook up but has
no ability to obtain an easement except under the terms set forth by
Hill . (Divided among three parcels , the cost per parcel for one
easement is not unreasonable—$967 . )
April 29, 1986
Mr. Paul Sinsabaugh
City of Atascadero public works
6500 Palma
Atascadero, CA
Dear Paul:
After considering the effect not one but two five foot easements would have
on my vacant lot on Marchant, I feel compensation to me must be made as if
the five foot strips were being sold based on a value of the entire lot.
There are a minium of four major problems with the plan to dedicate easements
on both sides of 'the lot.
(1) 162%o of the lot frontage will be restricted with sever easements.
(2) Not one but both side yards will be easements containing three rather
than one sewer lateral.
(3) After my lot is built or� the landscape could be destroyed at any time
to repair any one of three neighbors sewer lines.
(4) At a future date it will be next to impossible to market this property
if it is riddled with easements.
I hope you agree that there are circumstances that warrant campensation
beyond what might be warranted for just one easement.
Sincerer -
ADMINISTRATION BUILDING • . CITY ATTORNEY
POST OFFICE BOX 747 POST OFFICE BOX 606
ATASCADERO. CALIFORNIA 93423 ATASCADERO.CALIFORNIA 93423
PHONE: (8051 466-8000 PHONE. 18051 466.4422
CITU COUNCIL awed^ ® `
CITU CLERK (`�/ POLICE DEPARTMFICE BOXENT
CITY TREASURER POST INCORPORATED JULY 2. 1979 ATASCAADEROF CALIFORNIA 9
747
16
CITY MANAGER PHONE: (8051 466-8600
ADMINISTRATIVE SERVICES DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT
PARKS AND RECREATION DEPARTMENT
6005 LEWIS AVENUE
ATASCADERO. CALIFORNIA 93422
PHONE: (805) 466.21'41
August 6., 1986
Mr. & Mrs. Roy Hill
5625 Chauplin
Atascadero, CA 93422
Dear Roy;
It has been some time since you contacted me (April 29) . As
you may know, however, much has been happening on Cease and
Desist projects and the City has been striving to keep costs down
and to have as much consistency among the projects as differences
will allow.
Specifically, on the easements through your property, legal
counsel has advised the City that we cannot take easements for
private laterals since no public purpose can be shown and main-
tenance will be the burden of the lot owner. Since these ease-
ments will be serving individual parcels, the owner must acquire
the easement.
Let me address, however, the points you raised in your
letter (attached) by number reference : (1) Lot sales in Atas-
cadero ares' apparently based mostly on areas instead of frontage
and the side yard setbacks are required regardless of the front-
age width: (2) This is true as shown, but the owner behind you
could choose to go through adjacent properties,and thus reduce the
number of laterals through your property. Of course with two
laterals in the same trench you could potentially collect twice
and only give up 5 ft. ; (3) This also is true, and is one of the
reasons that easements have a value. One should be aware of the
consequences of an easement, but the actual terms of the agree-
ment can specify noticing prior to excavating and include repair
of landscaping; (4) Using the 5 ft. setback areas would not be
considered by an appraiser as "riddled with easements. " It seems
that your property would be more marketable with easements than
it would be with raw sewage in the back yard.
0
I contacted Dennis Green, MIA, from Paso Robles concerning
the easement evaluations. He indicated that the value of the
land was probably $50-60 , 000 and that a buy of fee title would
cost about $5 per sq. ft. An easement, on the other hand, would
be about $1. 25 per sq. ft. Therefore, 120 ' X 5 ' = 600 sq. ft. ;
600 X $1.25 = $750. It can be assumed that the easement is worth
from $0 to about $750. ($0 because there is a value to not having
sewer flow onto the property. ) I realize this is just a rough
estimate, but it would have cost me $500 per appraisal to find out
the exact value. The City would have been better off, had it
been legally permisssible to obtain the easement, to offer $500
to begin with.
I will be contacting all those properties that either need
an easement or are subject to give an easement, and will indicate
their options using sketches.
You may be aware that we have rejected the bids for Marchant
Way three times now and are negotiating with the latest low bid-
der to get within 10% of the Engineer ' s estimate.
If I can provide additional information, please do not
hesitate to contact me.
Very truly yours,
PAUL M. SENSIBAUGH
Director of Public Works/
City Engineer
P.ovember 25 . 1986
Mr. Paul Sinsabaugh
City of Atascadero public works
6500 Palma
Atascadero, CA
Dear Paul:
Upon visiting my Marchant Avenue property this A.M. I
found someon'- had staked an offset of j feet From the
Southerly property line.
I 'm certain you are aware I have not granted an easement
for a sewer lateral, nor have I heard from you as you
stated I would in your letter to me of August 6, 1986.
It appears after conversations with John Falkenstein at
Questa Engineering that we are still at an impasse re:
an easement for a sewer lateral. Therefore I feel under
the circumstances it is best if surveyors, engineers, and
anyone related to the server main constfuction refrain
from entering upon my property.
Sincerely,
R ,y Hill
cc: John Falkenstein
Questa Engineering
Paul Sensibaugh, Director of Public Works
City of Atascadero
P. 0. Box 747
Atascadero, CA 93423
SUBJECT: Marchant Way Sanitary Sewer
Dear Paul :
We were told that in order to connect to the sewer we must acquire
an easement to Marchant in order for you to extend a line to our
property. John Falkenstien has told us that he has tried unsuccess-
fully to reach any sort of agreement with Mr. Hill, who owns the
vacant lot below us. We are currently paying a significant assess-
ment for the sewer, yet we are unable to connect.
Please inform us as to what can be done to resolve this matter.
Sincerely,
c{ a
i
9470 M A R C H A N T AVENUE
1 . $1 , 000 cash payment to Hill
2 . Wave $850 . 00 Annexation fee for connecting to sewer
3 . Wave fee imposed by Amapola / Teccorida Drainage Dist .
4 . Hill to be provided a letter allowing construction of a
residence with the wall being five feet from the
property line .
5 . Hill to grant one five foot easement allowing
construction of one jewer line servicing a maximum of
U4 Swe
icin L,o7L {r'o,+c /N�k/.�
three lots . The sewer Zine shall be a minimum of six
(6 ) feet below the existing surface .
s �
November 25 . 19$8
Mr . H. Hav
2424 Wilshire Blvd.
Los Ancteles . CA 90057
SUBJECT : Easement for Sewer A.D.
Dear Mr . Hay
As you know. an easement will be required for you to
connect to the sanitary sewer main in Marchant Way . I have
been talking with Mr. Hill reaardincr the arantina of an
easement for 3 lots on Santa Rosa . I have attached a copy
of the proposal made by Mr . Hill for your review.
The items that concern you directly are #1 and #5 .
Item #1 recruests the navment of 51 .'000 in cash to Mr . Hill .
It is my proposal that each of the three properties pay
1/3rd of this amount . Item #5 stipulates that one 5'
easement will be provided . Within that easement the City
will install a 6" line to serve the three lots .
Because of the single easement there will need to be
easements on some properties parallel to Marchant Wav to
allow the laterals to reach the 6" line .
At this time we need to know if the three property
owners involved are receptive to this solution . Please
contact this office as soon as possible to discuss the
situation .
Sincerely .
PAUL M . SENSIBAUGH
Director of Public Works
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PLEASE INSERT TO10 0MEI= I ENDA Yp,
CITY COUNCIL AGENDA DAT 5.4Z3 ITEM# .
PACKET FOR 5/23/89.
To: City Council Members
From: Bonita Borgeson, Mayor
Subject: S.L.O. Area Coordinating Council
Date: May 23 , 1989
The San Luis Obispo Area Coordinating Council met Wednesday, May
10 , 1989 . The major areas the Council acted on are as follows:
The Area Council voted to approve the formation of a single, con-
solidated regional transit authority with costs to be distributed
according to existing formulas . The Council further directed the
Regional Transit Manager to prepare a final budget, amend the
J.P.A. , initiate the merger process and implement trial regional
transit service expansion to Paso Robles and Nipomo.
The Council also voted to adopt the regional transportation im-
provement program to fund cost increases of existing projects .
This funding would include passing lanes on Highway 41 west; how-
ever, route 101/41 Atascadero was not recommended by Caltrans in
the 1989 P. S.T. I .P. Caltrans representative stated the 101/41
interchange improvement project was "premature" for programming.
The Area Council approved the final overall work program and
adopted the budget, which included $25 , 000 for a public opinion
survey to assess support for region-wide supplemental transpor-
tation funding (one-half cent sales tax increase) .
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