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Agenda Packet 08/08/1989
MEET] ^: AGENDA DAT ITEM REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B — 2 THROUGH: Ray Windsor , City Manager Meeting Date: 8/8/89 FROM: Andrew J. Takata, Director Parks, Recreation and zoo Department SUBJECT: ATASCADERO LAKE/PAVILION MASTER PLAN — PROPOSED AD HOC COMMITTEE RECOMMENDATION: Appoint a 15 member Ad Hoc Committee to work with Recreation Systems, Inc , for the preparation of a master plan for Atascadero Lake Park and Pavilion. BACKGROUND: Recreation Systems, Inc , was chosen by the City Council on July 25, 19B9, to provide architectural services for the Atascadero Lake Park Pavilion and Atascadero Lake Park Master Plan. ANALYSIS: Recreation Systems, Inc . has recommended that the City create a Citizens Advisory Committee similar to the Business Improvement . Area (BIA) Ad Hoc Committee. The Parks and Recreation Commission had previously developed a small committee to review the Atascadero Lake Master Plan. Recreation Systems suggests the Ad Hoc Committee should be no larger than 15 members. Included in the 15 members would be the Consultant and any staff members the City Council desired. The committee would input to the needs for Atascadero Lake Park and Pavilion. AJT: kv ;pav7 • pank-6 8 4OAeation Commi44ion Meeting Ap it 20, 1989 ITEM 4-C - ATASCADERO LAKE PARK TRAIL/LANDSCAPE IMPROVEMENT PROJECT: Barbara Combs, resident adjacent to Atascadero Lake Park with a background in Nursery Management, gives a presentation regarding the need for the preparation of a Master Plan for the park, emphasizing on landscaping, trails, and auxiliary water source to the lake. She offers to donate her time towards this worthy project. Staff suggests the formation of an ad hoc committee, with community input, to begin a pro-active movement towards preparation of a Master Plan for Atascadero Lake Park. MOTION: Commissioner Bench moves approval of the formation an Atascadero Lake Park Master Plan Ad Hoc Committee consisting of 2 members of the City . Council , Commissioners Cooper and Bench; Zoo Advisory Committee representative, Staff, and Barbara Combs as Chairperson; Commissioner Cooper seconds; Motion carries 5-0 I3I.TE . CTEM a M E M O R A N D U M REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item B-3 From: Ray Windsor, City Manager Meeting Date: 8/8/89 SUBJECT: Police Facility Status and Presentation of Final Plans RECOMMENDATION: • I would like to recommend that we allow Rod Levine to make his presentation at 6 : 00 p.m. on August 22nd. Should you agree with this, it will be necessary to adjourn to that specific time. BACKGROUND: As the attached letter from Rod Levine indicates, it would be his intention to make a presentation to you of the final con- struction documents on August 22nd. In light of the fact that this is a regular meeting date, and I would expect a normal agenda, I make the above recommendation. Attachment: Letter from R. Levine, dated 7/20/89 RW:cw * Ross Levin Mach re & Varner Architects RODNEY R. LEVIN AIA KENNETH H. MACINTYRE AIA JAMES R.VARNER AIA July 20, 1989 Chief Bud McHale City of Atascadero Police Department Atascadero City Hall P.O. Bo x 747 �• `;4 r. Atascadero , CA 93423 Re: Proposed New Police Services Facility 5505 E1 Camino Real Atascadero , CA 93423 RLM&V Project No . 8802 4 Dear Bud: This is to confirm our brief discussion regarding the setting of the following dates for final review and presentation of completed construction documents for the above: Friday 28 July 1989 Architects consultants to deliver completed construction Doc • phase plans to architects office for printing and distribution of Final Check Sets. Copies of plans shall be distributed as follows: 1-set each to the electrical . mechanical , structural engineers, police facility specialist , and electroncis specialist. 2-sets to the chief of police. 2-sets to the State Board of Corrections. 4-sets to the City of Atascadero Building Department . 2-sets for the Architects (RLM&V) Wednesday 2 August Coordination meeting between the chief of police and staff and Architects and his consultants at the Architect ' s office at 9:00 a .m. Architects consultants to explain their portions of work . Friday 11 August Consultants deliver to Architect completed specifications for printing and binding of same. 1129 Marsh Street, San Luis Obispo, California 93401 (805) 543-1291 • July 20, 1989 Page 2 Tuesday 22 August Architect and chief of police present completed construction documents and construction cost estimate to City Council , for approval to go to bid . With the councils consent to go to bid , I would suggest the following target dates: Wednesday 6 Sept . 1989 Distribute plans for bidding . Wednesday Dct. 1989 Receive b ds at City Hall . Tuesday 31 Oct . 1989 Award contract and give notice to contractor to proceed with construction. Saturday 31 March 1990 (5 months) Completion of Construction. Bud , if you would like to change any of these dates or feel that the Council ' s agenda will not accept our date, please advise me so that we may make adjustments. We are still massaging the estimates of construction cost , we will forward same to you in the next few days, Yo ruly, , ODNE R. LEVIN, A. I .A. RRL:epm cc: Steve Dittmann Brummel/Myrick Fred Schott Marion Varner Ken Fieler Dave Farmer 188020720.893 aNDA OAT I ' ITEM O • M E M O R A N D U M To: City Council From: Ray Windsor, City Manager Subject: Closed Session re: Employee Negotiations Date: August 8, 1989 As you know, I had asked that this be delayed pending additional review and analysis of the Wage and Classification Study by the department heads . Staff, Steve Schinnerer and I are now ready to • discuss this whole subject matter and, hopefully, to seek direc- tion with respect to negotiations . The dates Steve has suggested are Thu sqd r,• u-sj^�y, p,,.m,-, Wednesday, August 23rd at 3 :00 p.m. , and Thursday, August 24th at 3 :00 p.m. At your meeting of August 8th, I would appre- ciate Council selecting one of these dates, assuming that we can get everyone together. Given the significance of the subject matter, it is imperative that there be a full Council for these discussions . RW:cw GEORGIA RAMIREZ DEPUTY CITY CLERK • A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM AUGUST 8, 1989 7:00 P.M. RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item on the agenda. * A person may speak for five ( 5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond, but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comment COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items . To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or • personal remarks against any Council Member, commissions & staff. * Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items . A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the con- sent Calendar. 1 . JULY 25, 1989 CITY COUNCIL MINUTES 2. S.L.O. AREA COORDINATING COUNCIL JOINT POWERS AGREEMENT 3. RESOLUTION NO. 60-89 - DESIGNATING A STOP INTERSECTION ON ALAMO AVE. AT BARRENDA AVE. 4. RESOLUTION NO. 61-89 - REDUCTION OF SPEED LIMIT ON SAN ANDRES AVE. BETWEEN SANTA LUCIA RD. AND SANTA YNEZ AVE. 5 . APPLICATION TO PRESENT A LATE CLAIM - VIDA RICIOLI (Recom- mend Denial) 6. CERTIFICATE OF ACCEPTANCE - ATASCADERO LAKE OZONATION PROJ- ECT B. REGULAR BUSINESS: 1. RESOLUTION NO. 58-89 - DESIGNATING PINE MOUNTAIN STADIUM AS A HISTORIC SITE AND ENDORSING EFFORTS TO PURCHASE SAME 2. ATASCADERO LAKE/PAVILION MASTER PLAN - PROPOSED AD HOC COM- MITTEE 3. POLICE FACILITY STATUS AND PRESENTATION OF FINAL PLANS - August 22, 6 :00 p.m. 4. SET CLOSED SESSION FOR EMPLOYEE NEGOTIATIONS (Mid-Manage- ment/Professional Employees) C. 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. ) : 2 i • 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S.L.O. Area Coordinating Council (See Item A-2) 4 . Traffic Committee (See Items A-3 & 4 ) 5 . Solid/Hazardous Waste Mgmt. Committee (Verbal Re- port) 6. Economic Opportunity Commission (Nothing to re- port) 7 . Finance Committee (Nothing to report) S. B.I .A. (Nothing to report) 9. Downtown Steering Committee (Nothing to report) 10. Interim Growth Management Committee (Henry Engen- Verbal) 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager ** NOTE: COUNCIL WILL ADJOURN TO FRIDAY, AUGUST 11, 1989 AT 2 :00 P.M. IN ROOM 304 FOR THE PURPOSE OF INTERVIEWING APPLI- CANTS TO A VACANCY ON THE CITY PLANNING COMMISSION. 3 ME=T1 AG. Ot� ATASCADERO CITY COUNCIL MINUTES JULY 25, 1989 The regular meeting of the Atascadero City Council was called to order at 7:00 p .m. by Mayor Dexter , followed by the Pledge of Allegiance. ROLL CALL: All Present : Councilmembers Borgeson, Lilley, Mackey, Shiers and Mayor Dexter . Staff: Ray Windsor , City Manager ; Henry Engen, Community Development Director ; Paul Sensibaugh , Public Works Director ; Andy Takata, Director of Parks, Recreation and moo ; Chief Bud McHale, Police Department ; Chief Mike Hicks, Fire Department ; Mark Joseph , Administrative Services Director ; Jeff Jorgensen, City Attorney. • COUNCIL COMMENT: Councilwoman Mackey introduced her guests, Takamitsu Osada , who is visiting from Japan and her grandson, Steven Hood . COMMUNITY FORM: None A. CONSENT CALENDAR: 1 . JULY 11 , 1989 CITY COUNCIL MINUTES 2. FINANCE DIRECTOR'S REPORT — JUNE 1989 3. CITY TREASURER'S REPORT — JUNE 1989 4. TENTATIVE PARCEL MAP 21-88, B4O0 ATASCADERO AVE. , (Watson/Cuesta Engineering ) 5. FINAL PARCEL MAP 08-87, 8660/8700 COROMAR (Silverstein/ Barbieri/Volbrecht Surveys ) 6. FINAL TRACT MAP 8-8B, 9180 SANTA LUCIA RD. (f:ey/Morris/ Cuesta Engineering ) City Manager , Ray Windsor , stated that Item #5 should read FINAL instead of TENTATIVE parcel map . i MOTION: Made by Councilwoman Mackey, seconded by Mayor Dexter to approve Consent Calendar items A 1-6. Passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1 . CONSIDERATION OF A REQUEST TO REMOVE A HERITAGE TREE, 5405 OLMEDA (Pearson) Staff report was given by Henry Engen, Community Development Director with the recommendation for approval of the tree removal as recommended by the Arborist . Kirk Pearson, applicant , stated originally they wanted to keep the tree, but when they got down to consulting with the general contractors, they all warned him that the placing of the tree was too close to the foundation. Contractors said that due to the surface roots from that particular type of tree it would be advisable to remove the tree. MOTION: Made by Councilman Dexter , seconded by Councilman Lilley for approval of request to remove a heritage tree at 5405 Olmeda. 2. APPEAL BY THOMAS MCNAMARA OF PLANNING COMMISSION DENIAL OF • THE PROPOSED DIVISION OF A 7.0 AC. LOT INTO FOUR LOTS RANG- ING FROM 1 .55 TO 2.20 AC. IN AN RSF-Z ZONE AT 7000 SAN PALO (Tentative Parcel Map 7-89) (Cont ' d from 7/11/B9) Councilman Lilley stated that he wished to be excused on this item due to a possible conflict of interest . Mayor Dexter asked City Attorney, Jeff Jorgensen, to give a brief background on this item. Mr . Jorgensen stated that on July 11th a public hearing had been held on the appeal of the planning commission ' s denial . The public hearing on that appeal was closed and the Council voted on the appeal which resulted in a 2:2 tie with one member of the Council refraining from participation because of a potential conflict of interest . The practical effect of a 2:2 tie is no action and unless one or more members of the Council want to reconsider and change their vote, a 2:2 tie would have the effect of constituting no action on the appeal . Therefore the appeal would fail and the action of the Planni.ng Commission denying the parcel map would be upheld . After considerable discussion amongst the Council members no one desired to change their previous vote. 2 Tom McNamara the applicant thanked the Planning Division staff for their consideration and work they have done on this project . He feels that he meets the criteria of the general plan and the zoning ordinance and has agreed to the conditions of the staff and basically to the conditions imposed by the Council before their last vote. The fact that the houses are moved out to the edge of the hill is at the request of both Planning Commission and the City Council , he didn ' t do that because he wanted to . It was done to get 60 feet between the houses. The Fire Chief had no problem with the plan or the site. The staff ' s conclusions were that the design of the proposed subdivision is in conformance with the City ' s General Plan and Zoning Ordinance. The Planning Commission ' s findings are as follows: The proposed map is inconsistent with the applicable general or specific plan. This is in direct opposition to what the staff found . The design and/or improvement of the proposed subdivision is inconsistent with the applicable general or specific plan. Diametrically opposed to what the staff found . The site is physically unsuitable for the proposed type of development . The site is physically unsuitable for the proposed density of the • development . That is in opposition to the zoning ordinance and the general plan. These findings on the part of the Planning Commission in his opinion are arbitrary. He feels that they have no basis for the conclusions they came to . He has abided by the law, the City Ordinance and paid his fees for an application and this appeal and has not exerted pressure on anyone (Planning Commission or City Council ) . Mayor Dexter stated that since there is no change of vote that this indicates that the 2:2 decision of the last meeting that no action is taken and the denial of the Planning Commission has be upheld by the City Council . 3. RESOLUTION NO. 54-89 - CONFIRMING THE COSTS OF WEED ABATE— MENT Staff report was given by Fire Chief Mike Hicks with the recommendation that the administrative fee for weed abatement charges be set at 40%, and fees as shown on the attachments be accepted . Also that administrative fees for the program next year be increased to 100% to fully recover direct costs to the City for administration and enforcement of the weed abatement ordinance. There was no public comment . • Council discussion followed . 3 II MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to approve Resolution No . 54-69. Passed unanimously by roll call vote. 4. CONSIDERATION OF PLANNING COMMISSION'S RECOMMENDATION FOR THE CITY COUNCIL TO ADOPT--ON AN URGENCY BASIS FOLLOWING PUBLIC HEARING--A CR-D COMMERCIAL RETAIL-DOWNTOWN ZONING DISTRICT (Requires a 4/5 vote of council ) (Cont ' d from 7/11 /89) Staff reportwasgiven by Henry Engen, Community Development Director with the recommendation for approval of the attached Interim Ordinance No . 196-89 - with such refinements as the Council may desire - on an urgency basis and to schedule a public hearing for August 22, 1989 to consider possible extension of the ordinance for up to 22 months and 15 days. In response to questions from Councilman Lilley, Mr . Engen endorsed the "Conditional Use Permit" Alternative Ordinance which gives the City review control without creating a large number of non-conforming uses. Council discussion followed . Mayor Dexter opened this item up for public comment . Joe Grisanti commented that he was not in favor of this urgency ordinance. He asked what would happen if he were to sell his store in the near future, would you delete that as a hardware operationalcorner? John Himes, President of the BIA, stated they do not feel that there is any kind of emergency and do not feel that there is any ordinance of an emergency nature necessary downtown. However , if the Council feels that it is necessary, then he strongly recommends that we do go to the conditional use permit process, because there are many , many uses that are either downtown now or could be downtown that would be arbitrarily struck by just going through and lining out these things. More study needs to go into this before any decision is made as to what is or is not allowed . Whitey Thorpe said he was not in favor of this urgency ordinance. Anne Marie Kirkpatrick said that Council had not addressed Mr . Grisanti ' s question as to new ownership if he were to sell his property. 4 • City Attorney Jeff Jorgensen responded that provided the business remained in operation during the period of sale there would not be any problem--only if the business closed for a period of 6 months. Dennis Bryant stated he does not feel that the City needs an urgency ordinance of this type. Shirley Moore stated that she noticed today that there are vacant properties in the Atascadero BIA area . We should encourage new businesses to this area. Doug Lewis cautioned the City Council on adopting an ordinance such as this. The City of Fresno is moving away from what the City of Atascadero is moving into . Council discussion followed . MOTION: By Councilwoman Mackey, seconded by Councilman Shiers to read Ordinance No . 196 with the "CUP Alternative" by title only. Passed unanimously by roll call vote. • MOTION: By Councilwoman Mackey, seconded by Councilman Lilley adopt Ordinance No . 196 with the "CUP Alternative" including Council findings 1-5. Passed unanimously by roll call vote. At this time Mayor Dexter requested a 10 minute break . Meeting reconvened at 8:32 p .m. C. REGULAR BUSINESS: 1 . CONSIDERATION OF AMENDMENT TO CITY ATTORNEY'S CONTRACT Staff report was given by City Manager , Ray Windsor . Council discussion followed . It was the consensus of the Council to approve the City Attorney ' s attending Planning Commission meetings on an "as needed" basis as determined by the City Manager , Community Development Director and Planning Commission Chairman. 2. RESOLUTION NO. 55-89 - ADOPTING THE FY 1989-90 PROPOSITION 4 SPENDING LIMIT. Mark Joseph , Administrative Services Director , gave the staff report . • MOTION: By Councilwoman Mackey, seconded by Councilman Shiers to approve Resolution No . 55-89. Passed unanimously by roll call vote. 5 • 3. RESOLUUT I ON NO. 56-89 —ADOPTING THE FY 1989-90 BUDGET AND APPROPRIATING FUNDS THEREOF Mark Joseph , Administrative Services Director , gave the staff report . MOTION: By Councilman Lilley, seconded by Councilman Shiers to approve Resolution No . 56-89. Passed unanimously by roll call vote. 4. AWARD SANTA ROSAIEL CAMINO REAL SIGNAL BID & AUTHORIZE CONTRACT Staff report was given by Paul Sensibaugh , Public Works Director with the recommendation that Council award the bid to the lowest responsible bidder and direct staff to enter into a contract with the selected contractor . Motion: By Councilwoman 'Borgeson, seconded by Councilwoman Mackey to award `the bidtoLee Wilson Electric as the lowest bidder to perform the work . Passed unanimously by roll call vote. . 5. SELECTION OF ARCHITECT - ATASCADERO LAKE PAVILION Staff report was given by Andy Takata, Director of Parks, Recreation and Zoo with the recommendation to direct staff to negotiate with Recreation Systems, Inc . for Architectural and construction plans of Atascadero Lake Pavilion Building and site supervision with the Master Plan of Atascadero Lake Park not to exceed $60,000. Council discussion followed. MOTION: By Councilman Lilley,, seconded by Councilman Shiers to negotiate with Recreation Systems, Inc . and return to Council with an Agreement with Recreation Systems. Failing the ability to do this, to proceed with negotiations with McCarthy, Kuentzel and Henderson. Passed unanimously by roll call vote. 6. SELECT DATE FOR INTERVIEW OF APPLICANTS TO PLANNING COMMIS- SION VACANCY Consensus of the Council was that the date of the interview will be August 11 beginning at 2 p .m. Staff was directed to notify applicants regarding the time of their appointments. 6 D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council A. Committee Reports - none B. Request to consider adoption of a Growth Control Ordinance Councilwoman Borgeson stated that this was triggered by what is being considered by the County. The Board of Supervisors will be discussing the GROWTH MANAGEMENT STRATEGIES AND POLICIES FOR THE FUTURE OF SAN LUIS OBISPO COUNTY on Wednesday, July 26th . This document was received by the members of the Council Council discussion followed.. An interim committee was formed with City Attorney, Jeff Jorgensen, City Manager, Ray Windsor , Community Development Director , Henry Engen, Councilmembers Alden Shiers and Robert Lilley serving on this committee to go through this document to see where Atascadero fits in as it is related to the General Plan. At this time Mayor Dexter opened the discussion to the public . Jim Herman said he believes San Luis Obispo County did a good thing with this growth initiative. He have good air quality here now in Atascadero, also enough water . Nature is trying to show us that we can't live above our means -- there is only so much of San Luis Obispo County to go around . We have to say that we are going to have to Limit the amount of people who come into our town and our county. He commends Atascadero for taking the initiative to do it. Whitey Thorp stated all we need to do to accommodate a great many people like E.G. Lewis planned for this city, is get on with our business, develop our resources that we have and allow room for people to build, put in businesses so our children will have a place to make-,a living so they will not have to move away from Atascadero. Ray Usom believes that someone from the private sector should be included on the committee that the Council had appointed earlier in this discussion. Carol Ball feels that many people are aware that the prices themselves have limited growth for ownership in many ways. To buy a lot in Atascadero is $100,000 and more. For acreage it is well over $125,000. That in itself limits growth for many people who cannot afford to be a property owner of a nice parcel in Atascadero. If a growth control ordinance means that we are going to have less building are we infringing on property rights 7 of others' People who have bought property in Atascadero with the idea of having some kind of investment in a nice community in the future. Mayor Dexter stated that an ordinance is not being proposed at this time. Jim McCutchen commented that he feels that this Council in the past years has done a lot towards growth management and today getting a lot split is tougher than its been in ten years, if possible at all . Look at the fact that we have a lot of lots in town and continue to allow them to be built on. The building industry has supported this town for a long time. Doug Filipponi said he appreciates that the Council is addressing growth management . The greatest thing that Council or Committee can do is not to instill a fear into the public about "growth" control . Mayor Dexter closed for public comment . City Council comments followed . The consensus of the Council was to appoint the Committee as discussed above with Henry Engen, Ray Windsor , Jeff Jorgensen, Alden Shiers and Bob Lilley serving on this committee. MEETING ADJOURNED AT 9:25 P.M. MINUTES RECORDED BY: BOYD C. SHARITZ, CITY CLERK PREPARED BY: GEORGIA RAMIREZ, ACTING DEPUTY CITY CLERK B ;M= NDtj .);�ET!tL GE r Mr rE REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A - 2 Through: Ray Windsor, City Manager Meeting Dater 8/ 8/89 From: Paul �ensibaugh, Director of Public Works/City Engineer SUBJECT: SLOACC Joint Powers Agreement . RECOMMENDATION: Staff recommends that Council approve the above agreement. BACKGROUND: (Please refer to attached letter from Ron De Carli . ) DISCUSSION: Staff agrees with the recommendations included in the July 7 correspondence versus those discussed in the June 19 letter. No recommendation is being made on the "supervote" although it appears that the majority of the agencies have concurred with this provision. OPTIONS: (a) Approve the staff recommendation. (b) Approve the agreement without any revisions with respect to voting. (c) Approve the agreement without the "supervote" provision. (d) Pull out of the JPA. FISCAL IMPACT: There are no costs to the City relative to the recommended action and all money issues will be addressed on a case by case basis . Atttachments : July 7 letter-De Carli SLOACC JPA agreement June 19 letter-De Carli PMS/pms • 7/28/89 natin Mouncil Arroyo Grande San Luis Obispotea Coordl g Atascadero Grover City Morro Bay and Regional Transportation Planning Agency Paso Robles Pismo Beocb San Luis Obispo San Luis Obispo County Pgr: JUL July 7, 1989 CiT4` tti:f:.::�r•:. Mr. Ray Windsor, City Manager City of Atascadero P. 0. Box 747 Atascadero, CA. 93422 Dear Mr. Windsor: SUBJECT: MODIFICATION OF AREA COUNCIL JOINT POWERS AGREEMENT On June 19th, our office transmitted a request for your Board to ratify a modified joint powers agreement. The modifications were recommended to eliminate two ambiguous provisions in the existing JPA relating to quorum and voting that were raised at a prior Area Council meeting. We were recently contacted by one city that opposed the changes as it created further ambiguities. These objections were evaluated and the following revised language was suggested: 1. Page 6, V. Operation, Paragraph 5: Retain original wording and not replac . quorum consisting of a majority of representa- tives ...." with the phrase ".. . a majority of delegates . The term representatives is clearly defined in a prior section nullifying any ambiguity. 2. Page 6, V. Operation, Paragraph 5: Relative to the definition of an "affirmative" vote: recommend a modification that an affirmative vote is a majority of representative present . ..." rather than a majority of the quorum as initially recommended. On July 6th, the Area Council concurred with the above suggested modifica- tions. They further noted that the "supervote" provision, which requires an affirmative vote of eight (8) representatives, is a forceful protective provision that encourages cooperation, as no "minority" could force an item through without at least some support from the "other" side. Accordingly, please schedule this agreement as modified above, with the two revised attached pages, before your governing board for ratification and forward a copy of your, action to our office. Our apologies for any County Government Center, San Luis Obispo, CA 93408 (805) 549-5706 Mr. Ray Windsor • July 7, 1989 Page 2 inconvenience this may have caused. If you have any questions, please give me a call at 549-5714. Thank you for your cooperation, Sincerely, PAUL C. CRAWFORD Executive Director A L G. -- RONALD L. DE CARLI Program Manager Attachments: Revised JPA pages RLDf9619-1 07-07-89 • • FY 89-90 JOINT POWERS AGREEMENT SAN LUIS OBISPO AREA COORDINATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and.: amended on November 4, 1982, and September 19, 1984, by and among such of the incorporated cities of Arroyo Grande, Atas- cadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo Area Coordinating Council." WHEREAS, COUNTY AND CITIES did, ' in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and r • JOINT POWERS AGREEMENT PAGE 2 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo Area Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area-wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. • • 0 JOINT POWERS AGREEMENT PAGE 3 . II. NAME The official name of the organization hereby created shall be the "San Luis Obispo Area .Coordinating Council." III. POWERS The San Luis Obispo Area Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program"approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. • Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in the Area Council. i JOINT POWERS AGREEMENT PAGE 4 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. S. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named • • JOINT POWERS AGREEMENT PAGE 5 • parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state of federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. 0 • JOINT POWERS AGREEMENT PAGE 6 All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq. , Government Code as provided for therein. 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the Regional Transportation Planning Agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representatives. No action shall be effective without the 0 • JOINT POWERS AGREEMENT PAGE 7 affirmative votes of a majority of those present. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice-President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex-officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice-President 1) Shall serve as Chairman pro-tempor in the absence of the President. • • JOINT POWERS AGREEMENT • PAGE 8 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) ' .Shall be an ex-officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice-President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County-Treasurer and the County Auditor/Controller and the budget and work program adopted by the Area Council. d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. JOINT POWERS AGREEMENT PAGE 9 • f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said ,;year end report to be distributed to each of the participating member bodies. g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor-Controller shall be bonded or self-insured through the county in lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. JOINT POWERS AGREEMENT PAGE 10 4. Regular meetings shall be generally held in the first week of January, March, May, July, September and November, or as specified in the annual meeting calendar adopted in May. The May meeting shall be designated the "annual meeting." 5. The Executive Director of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Executive Director to the Area Council. Agenda material shall be submitted to the Executive Director at least twenty-one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of delegate based on public testimony. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. JOINT POWERS AGREEMENT PAGE 11 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes 'of all Area Council meetings shall be kept by the Executive Director to the Area Council and shall be submitted to member agencies. IR. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials nominated by their respective agencies; the Public Works Committee, comprised of all agency engineering officials nominated by their respective agencies; the Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. • JOINT POWERS AGREEMENT PAGE 12 3. No committee shall commit the Area Council on any matter or questions of policy. Such matters or questions can only be decided by the Area Council. ' .: 4. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Executive Director. X. FINANCE 1. The Area Council shall have no power to expend funds on any . project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two-thirds of the governing bodies of the member agencies including COUNTY. 2. `The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor/Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. XI. WITHDRAWAL AND DISSOLUTION a 1. The parties to this Agreement pledge full cooperation and gree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come 9 • JOINT POWERS AGREEMENT PAGE 13 . before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party. to this Agreement may withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable • and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contribution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. JOINT POWERS AGREEMENT • PAGE 14 XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. • RD/msl/hg/cl/0663-1/111 7-25-88 • JOINT POWERS AGREEMENT PAGE 15 • CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor _ Minute Order Clerk CITY OF GROVER CITY By: Date: Mayor Resolution No. Clerk CITY OF MORRO BAY By: Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: Mayor Minute Order Clerk CITY OF PISMO BEACH By: Date Mayor Minute Order Clerk CITY OF SAN LUIS OBISPO By: Date: Mayor Resolution No. Clerk JOINT POWERS AGREEMENT PAGE 16 COUNTY OF SAN LUIS OBISPO Bysr Date; a Chairman Minute Order Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. ~ County Counsel By: e County Counsel Dated: D • RD/ms/hf/el/0663-1/111 7-25-88 o Grande man Luis Obispo Area Coordinating Council Arr Atascadero Grover City Morro 't and Regional Transportation Planning Agency Paso Roo Pismo Beach San Luis Obispo ® San Luis Obispo County June 19, 1989t l 1 ty L 31 138 Ray Windsor, City Manager City of Atascadero P.O. Box 747 Atascadero, CA 93422 SUBJECT: ANNUAL RATIFICATION OF AREA COUNCIL JOINT POWERS AGREEMENT Dear Mr. Windsor: As you may be aware, the San Luis Obispo Area Coordinating Council was created through a Joint Powers agreement with its member entities. The agreement specifies the purpose, powers, membership, staffing and financing of the Area Council. Section IV requires the agreement to be annually ratified by all member agencies. Presumably, this annual ratification affords the opportunity for new elected officials and staff to become familiar with the provisions of the agreement. Two minor modifications are recommended on pages 6 and 7 to clarify voting and quorum provisions. These modifications would clarify ambiguities raised at our last Area Council meeting. First, in regard to quorum provisions (Article V, Section 5), we are recommending that you approve replacing a "majority of representatives" with a "majority of delegates." This will clarify prior questions whether "representatives" refers to entities or delegates. Secondly, in regard to voting provisions (Article V, Section 5), there has been some ambiguity as to what constitutes a majority vote. We are recommending that you approve replacing ..affirmative votes of a majority of representatives" with ".. .affirmative votes of a majority of the quorum." This clarifies "action" as to a single majority of those present versus a majority of total "representatives or entities." These changes are in accordance with our understanding of delegate preferences. Please schedule this item before your governing board for ratification by resolution or minute order and forward a copy of your ' action to our office. If you have any legal questions on the JPA, please contact Ray Biering, Legal Counsel, at 549-5449. County Government Center, San Luis Obispo, CA 93408 (805) 549-5710 June 19, 1989 Page 2 You will also be receiving a Regional Transit Authority Joint Powers agreement for the Consolidated Regional Transit System that was conceptually approved by the Area Council. Many provisions of that JPA reference the Area Council JPA. We recommend you consider these JPA's concurrently. Thank you. Sincerely, PAUL C. CRAWFORD, AICP Executive Director RONALD L. DECARLI Program Manager Attachment RLD/hf/95831 6/19/89 • i JOINT POWERS AGREEMENT PAGE 6 . All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq. , Government Code as provided for therein. 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the Regional Transportation Planning Agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of delegates, including two COUNTY representatives. No action shall be effective JOINT POWERS AGREEMENT PAGE 7 without the affirmative votes of a majority of the quorum. However, eight (8) affirmative votes shall be required for taking any actioii .;in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice-President of Area Counci.- shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex-officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice-President 1) Shall serve as Chairman pro-tempor in the absence of the President. M=E1%La AEND©AM f ...1.. , REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item A - 3 Through : Ray Windsor, City Manager Meeting Date : 8/8/89 From: Paul Sensibaugh, Director of Public Works SUBJECT : Request -for Instalien ?on ()4. a J_rjr; i iLerst=cvi.Ort �I^ F uTCtO !�Zre2:i1 Earrendat7'.--enue , RECOMMENDATION: The Tra�... _ _ Com-,n 'e I' _.UmiTt+-3 �.� __.at. r:_ 5 .._�__10r! h!' _+ `- i' c:ar_ _£':12",J 'L r _n: c'= Z �_ _a�_!n a "i? _ c at 10 .a.e _ ih eta wh ove . BACKGROUND: This utter= ecr-:. n .s current uncon -rolied and re- ident�: in the area have obser-ved a number r} sear misses due to a si,ltt distance prohilem t .h w _ocat-i c..n , DISCUSSION: It is the opinion of the Tra =ic Committee hat th-_ establis1-iment Oi a __o'P intersection at -his local:ion w1_11 alleviate a hazardous traffic condition . OPTIONS : fa) Approjre estahlishrrtent of stop intersection bJ Denv establishment of stop intersection Stop all directions . FISCAL IMPACT : The cost of this improvement will be approxi:rtateiv X100 to be paid out of 1989-90 Dudgeted funds . Attachments : Resolution No . 60-89 VJHivjh 7/31/89 It'ESOLUT i 0IN' NO. 60-89 RESI-0LUTT -'Iti 0-F THE COUNCIL ':,1F THE �TTvi rTSC�..A• ER0 LIE�T_G4A17 STOP IN E" S y ON ON ON Al An9 ' A ?EN I_JE, AT BARR.ENDA AV EN UE WHEREAS . Section 4-2 . 8U1 et secr. of the Atascadero Municipal Code allows she City Tral is Engineer to determine iocation of: 1-7-OP intersections• and tc ,ALace and maintain appropriate signs or markinc-s indicating the same ; and WHEREAS the Atasca=tero ra=tic committee has recommended trial establishinq a STOP intersection on .._amo Avenue at its intersection wit1h Barrenda Avenue •_-1 improve n Y_)otc'ntia_iv hazara-opus ra—f is situation . N�•W T 1.E REI _:" ��E _ _:E Lei '°'LT'1) tticlL the City of- -�tascadero direr he �= IT•ralf ic _"naineer o place and maintain appropriate sicrns or mar}_4 i ndiCat; 1ICT a STOP intersection at tL;e location listed above . On motion by and seconded h,v .'.e foregoiric Resolution is hereby ado-Pt.ed in it... ent__ et j on the fol 1Ig r o!i cal_ i'cte A,ES : NOES : ABSENT : ADOPTED Ai'TEST . JEIFFREY— j,:DPGE'4''EN ----- PAUL M. SENSIBAUGH� Citi- Attorney- Director o_ Public Works City Engineer py 10 O ^40 s/ o. j's e OD CD O� 1 CD N 4 n --o 84 OD C-D a iO CD m rZ C 1J ori ++��N• roN VIC LL os••/— R / M v N r n �s O 1O C' r o/o nmc, Q,1 . DAT CTEII�• ._L:......:.. REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item A - 4 Through : Ray Windsor, City Manager Meeting Date : 8/8/89 From: Paul Sensibaugh, Director of Public Works SUBJECT : Reduction of S%DeeC limit- on a portion of San ,nC''res rh,''enue RECOMMENDATION: It is the recommen ation of the Traco _ utrtit` ee _ � he �iR21t on -an AliCirB'S 'E uc rr out Santa Lucia to '?an.c i:_ ?C.ci='eo + f' 7-15 IIIPH . BACKGROUND: The ou clr ; .11D 1 n t Z' r.-Om resident_ in the area rec-arcli ng _ 7e sheet: oT trai _c tra cling �I,i s '7Qrt ion of :man Andres . • DISCUSSION: The #liCTh school fronts the majority of this portion of mman Andres .. h11s reuuGll7Q the nuber of driveways that would count -7 the definition of a residential area . Since the concern in this situation is not only for `Che traveling s?llbliG nut x150 for the number or r_edestrians in this area , the Committee 'Toted .o establish a school zone far this area, thus establishing a 25 MPH zone when students are present . OPTIONS : (a) Adopt the attached resolution reducing speed to 75 MP:H in this school zone . (b) Deny the change and maintain the current speed limit of 5 5 MPH (c) Conduct a speed survey to establish the prevailing speed. FISCAL IMPACT : The cost of thio modification v7 h appro:_imat_-_ =. _ . t01 to • paid out of current budcreted funds . Zttachntents PlesolUtion N-o . �dJH;'v:i h RESOT UIT ION IVO. 61 -8,9 RESOLU" i:)N OF THE COUNIL OF THE CITY �..�i I'LTASCADER-0 R-D-'r='-'rTHE SPEED I'.t�m `£, i l T _ ON ,i. 4IDttES 1 r'ENEJE �ET�IFEIv SIvTT 7 U:-l '. R:ni7 AND SANTA YNE< AVENUE WHEREnS , Section 4 . .502 (b) of the Atasca iero ;Municipal Code allows the City Traffic Engineer to determine tree anpi opriate speed limit for streets within the City of Atascaaero : and WHEREAS , the Atascadero Traffic Committee has requested that the speed limit on this section of San Andres Avenue be reduced to 2'5 MPH, when children are rresent ; and WHEREAS . a sr)eed limit of 25 IMPH is considered the -.rima facia S e►j in a school zone . NOW, T'r'_EREEF 0RE, BE IT RES OTVED that the Cit., of • Atascadero directs the Traffic Encrineer to cause the speed limit on San snares from Santa Lucia to Santa Ynez to be reduced to 25 MPH, when children are present . On Motion b_ Councilman ,and seconded bl. Councilman ,the foregoing Resolution is hereby adopted in its entire+-y on the following roll call vote AYES : NOES : ABSENT : DATE: ATTEST : --------------- — ------------ --- BOYD C . SHARITZ — ROLLIN DEXTER City Clerk Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : • JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH — City Attorney Dir . of Public Works/ Cit:J Engineer • M E M O R A N D U M TO: City Council FROM: Ray Windsor, City Manager SUBJECT: Claim of Vida Ricioli DATE: August 8, 1989 BACKGROUND This is a late claim filing (that is, not filed within six months • after the occurrence, as required by law) in which the claimant states she tripped on a sidewalk in front of the old Post Office on Entrada Ave. in July of 1988 . RECOMMENDATION The City' s insurance adjustor has reviewed this claim and recom- mends denial of Ms . Ricioli' s Application for Leave to Present Late Claim at this time. :cw i5Et:T r% A EK",) t TE If ffEm# REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A — 6 Through: Ray Windor, Manager Meeting Date: 8/ 8/89 s City Y From: Paul M. Sensibaugh, Director of Public Works/City Engineer SUBJECT: Acceptance of the Ozonation Project at. Atascadero Lake RECOMMENDATION: Staff recommends that Council approve the Certificate of Acceptance for the Atascadero Lake Ozonation Project . BACKGROUND: The above project has received much publicity and little background information is necessary. The final inspection for the ozonation/aeration system was conducted on July 24 with the Public Works and Parks representatives present along with the consulting engineer and the contractors . DISCUSSION: • The ozonation system has been installed and is now working as anticipated. Several problems have, however. plagued the project from the beginning. The siltation trap design was considered hazardous and inefficient and has since been removed by Public Works . This will be replaced by Public Works at a new location downstream from the Santa Rosa bridge into the lake when the lake level lowers sufficiently. The private well immediately upstream would have been potentially affected by any backup waters from the original design. The underground vault on the northerly side of the lake was designed without any vents and upon advice of the contractor the design was changed. Later a fan was added to provide adequate exchange of air through the vault on hot days when the compressors are running. Over $2, 000 damage resulted that could not be attributed to the contractor due to the design. The other set of ozone modules are housed above ground adjacent to the Pavilion and no overheating has occured. An elbow and vertical extension will be added to the intake line from Atascadero Creek to eliminate the siphoning of lake water as a result of a breakage outside of the lake itself . This will be done under a separate contract after the lake lowers but will be charged to the grant . The work is substantially complete as per the plans and specifications, as revised, and it appears that it will have a Positive impact on the condition of the lake . However, it should be Pointed out that the temperature will continue to be a problem in the summer due to the lack of replacement water to compensate for evaporation. Fish will continue to suffer and any contaminates will be more concentrated until an alternative supply is incorporated into the design. Engineering will be working on a preliminary analysis to develop the well along Hgwy. 41 across from the Zoo. Additionally, aquatic plants are still desirable in the shallow areas and sediment will have to be controlled. Problem: A major problem with the present design is the Penetration of fish hooks into the aeration tubing stretched across the lake . Several holes have been added which allow more air to escape in small area, thus affecting the amount of air that reaches the end of the line . Even a bigger problem is the displacement and relocation of the lines from the efforts to land the "big one" when the big one is one of the lead—weighted tubes This may become a major maintenance problem in a short period of time . Public Works and Parks is working on ways to alleviate these pitfalls and will implement them as soon as Practicable . FISCAL IMPACT: Change orders have already been approved by staff on the • corrections mentioned and the difference to the original contract is not significant . However, the damage done to the ozone modules will be handled outside of the change order process even though the supporting monies will come from the grant fund. Staff is considering billing the consulting engineer for the damage which resulted from a design flaw. The 10% retainage will be release to the contractor 30 days from the acceptance of the project . Atttachment : Certificate of Acceptance PMS/pms 7/27/89 • POO RECORDING REA BY AND WHEN RECORDED MAIL TO r Nana CITY OF ATASCADERO Street 6500 PALMA AVENUE Ad7ress ATASCADERO, CA 93422 city E State DEPARTMENT OF PUBLIC WORKS L J SPACE ABOVE IRIS LINE FOR RECUDEWS USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.(See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full dame of the owner is CITY OF ATASCADERO . 3. The full address of the owner is 6 500 PALMA AVENUE ATASCADERO CA 93422 4. The nature of the interest or estate of the owner is; In fee. (if other than lee,strike"In fee"and insert,for example,"purchaser under contract of purchase;'or"lessee") 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on 7-24-89 The work done was: ATASCADERO LAKE IMPROVEMENT PROJECT 1. The name of the contractor,if any,for such work of improvement was AS SOC I ATED PACIFIC CONSTRUCTORS 495 EMBARCADERO, MORRO BAY, CA 93442 (If no contractor for work of improvement as a whole,insert"none".) (Date of Contract) S. The property on which said wok of improvement was completed is in the city of ATASCADERO County of SAN LUIS OBI SPO State Of California,and is described as follows: ATA SCADER0 LAKE 9. The street address of said property is NONE (Ir no street address has been officially assigned,insert"none"J Dated: Verification for individual Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I,the undersigned,say:I am the DIRECTOR OF PUBLIC WORKS the declarant of the foregoing ("President or","Manager of","A partner of","Owner of",etc.) notice of completion; I have read said notice of completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on AUGUST 1 19 89 ,at ATASCADERO California. (Dale of signature.) (City where signed.) (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) PAUL M. SENSIBAUGH NOTICE Of COMPLETION—WOLCCTTS FORM It 14—REV.6.74 (pnrloanal 8 pt.type or larger OgLLLETl12GLi2h LYL£ET Ll2 9 9 167012th Street, Los Osos CA. 93402 August 1, 1989 (805) 528-2169 # NOTE: SUPPLEMENTAL INFORMATI01 RE: ITEM A-6, 8/8/89 COUNCIL AGENDA. Mr. Paul M. Sensibaugh Director of Public Works/City Engineer ATASCADERO LAKE OZONATION PROJ. City of Atascadero PLEASE INSERT TO AGENDA PACKET. 6500 Palma Ave. P.O. Box 747 Atascadero, CA 93423 Subject: Inspection of Atascadero Lake Improvement Project, Atascadero, California. Dear Paul: On July 24, 1989, we met at Atascadero Lake to inspect and discuss the work completed by the contractor (Associated Pacific Constructors, Inc. ). Those present were you, Don Lieb, Bill White, and other representatives of the City of Atascadero; Ed Strasser, of Associated Pacific Constructors, Inc. Jim Loofbourrow, of DEL Industries; and myself. I found the work done by the contractor and their subcontractor (DEL Industries) to be 100% complete. The 2" check valve for the sump pump, (Equipment List item #29), now appears to be functioning properly, although the lake level is now lower. Once the lake level rises again, the check valve can then be observed. The 1" check valve, (,Equipment -List item #22), is now properly installed in the ozonation equipment vault ("Site 2") as are the three (3) flowmeters (Equipment List item #25). The leaks in the tubing in the lake were repaired. We observed additional leaks in the tubing, and the contractor has agreed to repair these leaks as well. Enclosed is a copy of a statement from Associated Pacific, dated May 5, 1989, with the amount due shown to be $ -2,414,27. This amount is correct, to the best of my knowledge, and is due. The 10% retention amount of $12,272.64 is also due, per your contractual arrangement with Associated Pacific. As per our meeting of July 24, the ozone bulb cells should also be replaced. The . tube fittings should be plastic, and not brass, which is thermally conductive. The replacement cost for these cell modules will be in addition to the above-mentioned balance due. Change Order No. 2 to the contract (a copy is enclosed) should be addressed at a later date, when the lake water level has receded. This will make thework easier to perform, as we discussed in our meeting of July 24. The cost, (not to exceed $ 1500.00) is obviously also in addition to the above-mentioned cost. . Pie se feel free to call if you have any questions, Paul. Thank you for this opportunity to have been of service to you. Sincerely, P. au&-W�, Jeffre R. Alderman cc: Mr. J.E. Strasser, Associated Pacific Constructors, Inc. MEET{ 3� ' AGENDA !A "EM, . M E M O R A N D U M To: City Council From: Ray Windsor, City Manager Subject: Pine Mountain Stadium Date: July 20, 1989 Recently, it was brought to my attention that the subject prop- erty was in escrow at a price far in excess of its value as recreational use. Given the historical significance of this site, there continues to be concern about the acquisition of the property for future use as an ampitheatre, as opposed to residential development, even though the General Plan designates the area as Public Rec- reation. Because of this, Councilmember Mackey has expressed a desire to undertake the acquisition of the stadium site as a private, non-profit venture. However, she believes that the amount of support, both financial and otherwise, to accomplish this will be greatly enhanced by the City Council officially acknowledging the subject property as an historical site and endorsing efforts to acquire same through private means . I have indicated that this is probably best accomplished through a resolution of the Council, which is in draft form and attached for your review. I would intend to place this on your August 8 agenda. RW:cw ( f:PMtnStad) Attachment c: Henry Engen Paul Sensibaugh Andy Takata • RESOLUTION NO. 58-89 A RESOLUTION OF THE ATASCADERO CITY COUNCIL DESIGNATING PINE MOUNTAIN STADIUM AS AN IMPORTANT HISTORIC SITE AND WHEREAS, Pine Mountain Stadium is a natural ampitheatre, once regularly utilized by the community for plays, operettas, pageants, dances and other social occasions since 1915; and WHEREAS, this facility flourished after 1915 and while Atascadero Colony was still solvent; and WHEREAS, as a result of the Atascadero Colony going into demise, the stadium stage was moved to the Lake Pavilion and the property was thereafter purchased by private citizens; and WHEREAS, the stadium facility has been designated as a public recreation area in the General Plan since 1968, even though it has remained in private ownership; and WHEREAS, there has been interest in obtaining funding to purchase the site since/ 981 . d�4(7 fAAA), NOW, THEREF BE IT RESOLVED that the City Council does hereby official y recognize Pine Mountain Stadium as an important historic site —r�crrr�j—rh'r u3c- �,r .aac ycaaci Ri-�].J11 .. On motion by Councilmember seconded by Coun cilmember I the foregoing-resolution is hereby adopted on the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: BOYD C. SHARITZ, City Clerk ROLLIN DEXTER, Mayor M E M O R A N D U M TO: Ray Windsor August 1, 1989 FROM: Henry Engen, Community Development Director RE: STADIUM PARK BACKGROUND INFORMATION The City' s General Plan proposes restoration of Stadium Park on Pine Mountain, and I have enclosed pertinent excerpts from the plan for your information together with a copy of the zoning map, U.S .G.S. Map, and some historical text from "Recalling Atascadero, California, Volume, 2" which was written by the Atascadero Historical Society. Please note that the zoning on the property is L (Recreational) and I have also enclosed the text of permitted uses for that district, which are pretty extensive. It would be my judgement that many of the uses allowed under L zoning would be in conflict with the General Plan designation. HE :ps Enclosures: Location Map General Plan Map and Text Excerpts Zoning Map and "L" Zoning Text "Recalling Atascadero, CA. Vol. 2" CC: Jeff Jorgensen, City Attorney La T T ti� ►S, lJ - �r', .� �- _ �✓ / ,t ` f fit !� � �� _.� AAA1 ��-. ./� "• Asuncion c� \ a EurekarN ! • \ ✓17 °casc dem .\ ♦.� �,• a� �•.. �.a /+ \ ,•M .q, �-� 490' • `a\\\\\\ J M g S.C�A aD B R U 84 a \ �� •836 / •• i /'`'r`i • ! era ` \ � 7 •92�.• •' ^\ 1� \!' •`^.!�-•��'.�.� ��\` ✓�%�1 6,kL /1 '�BM, 'i• -r e_ SSG//i`�•.• /� ���Jag-i �� ••e°aa•'_ .'ti. •".:: � 1 ��Watnk �♦:,z� 'i� i�� 842. •BM.�A6 a/�j� \\ ,rya., •• 960-.•-:' ►�- - —� . _ ,.., �1�II fora a `:: �.s.•:s.s f i// ✓` p._ - •• Armo '/-,\•7 &+ d .ti`s •• '•A' "••• , / = ltl��i• / Bin NA '67 \ 'Fire" Lea►is`6 ✓! \/%2t �s �.• to ~ _ � `✓ �< 846- 'HenryX45,' \) / �' as••� ��:!I,: a Golf"n+o� S r __ ��' •♦ _ /� o � Ir- n o• �``•• � 1•`,; ice.. `��..�� .._�__ i 4�b 'a' •860 r• o e - . dd" a ♦ A R0.°' ;J3 -\,-�-��T_ �.��I.(•.a ¢\fes •.t ••��"� "• �y �. `� �, ' 1 '� �h .p f•�•, 'r. :�aia • �� i P � Hh za� J�•• +Z �l ` S am, •QC ,-.p �/ _ 'J' :� 92j •r •_"'nes�; igBJ `'' +� ` \ N. GO . '� ` •,, ���_�•��• , ,.• ' - r 'yrs �'•' ' wt- —vv No iJJO 4 - a s _ /! :IF w •1. a • �" .� ,` �i110 1• Y., •�^9"•♦s�-, s'00 Tpyr -. 1 'Q/ zoo •, .. ••a• y, a ",r.., Ii p _ �,, l ems.• � � _..r � •. G i •i.iii , �` _��.` � � •an•.�\ •iii ' / _ ' � ,�- Vie.' �'°`�,. •.•. '�— ,�� .�' �t Ovos� � 16 k �N...... ___. • ' fa ,�-11..r, r.NYW�'.f....•..•...N.N..••.... '�- t{[ T r � a w � • will I AT A SCA RO 9 . GENERAL PLAN MAPLAND USE AND CIRCULATION 9 E }sro 1 HIGH DENS. MULT. FAM. HEAVY COMMERCIAL AGRICULTURE �y4�sya�aae� LOW DENS. 1 RECREATION 444$x.' HIGH 1 COMMERCIAL PARK SPECIAL RECREATION MOD.DENS. COMMERCIAL - DIVIDED r ppp�Qpp 4 B • DENS. OOOOOaPROFESSIONAL / COLLECTORS Or-N ,E)eAL P 44 EaCG�12P"T An ordinance embodying the concept of the above statement shall be adopted in the Building Code. The areas of high seismic or landslide risk are shown on Map II-1 and Map II-2. It is estimated that the enforcement of appropriate Building Code restrictions will automatically preserve perhaps one half, 3,603 acres, of these steep and possibly unstable lands in open space. Open space for outdoor recreation includes areas of out- standing scenic, historic or cultural value, areas particu- larly outstanding for park and recreation purposes, includ- ing access to lakeshores, beaches, rivers and streams, and areas which serve as links between major recreation and open space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors. This Plan considers a portion of the steep eastern foothills of the Santa Lucia Mountains that form the western portion of the Colony as potential recreation land. Although this land is available for development, there is litle likelihood that all of it will be built upon because of high seismic and/or landslide risk that shall be reinforced by the Building Code. Owners of sub-marginal rangeland in these areas shall be encouraged to combine recreational uses with current grazing practices to supplement their income . Day use hiking and riding and controlled access to nearby National Forest lands would be possible if planned for the protection of private property and wildlife. To the west of the Colony boundary are extensive National Forest lands of several hundred thousand acres. Access to these lands shall be coordinated with recreation development within the Colony. Any future recreational use of these open space areas shall depend on the willingness of property owners to plan and permit controlled access upon their property as a secondary use , by conversion to commercial recreation activities, or by public acquisition of full or partial easements. Areas of open space available for recreation that shall be preserved are listed below: The banks and bed of Atascadero Creek The inundation area of the Salinas River Atascadero Lake and its surrounding park The Sunken Gardens Chalk Mountain Regional Park i 76 The three Little League baseball fields The banks and bed of Graves Creek �- Pine Mountain (in part) The Wranglerette Arena Areas of open space that shall be considered for acquisition by a public agency or preserved reserved for recreation are listed below: Chandler Parkland Pine Mountain Am hitheater uounTy-ownea lots fronting on Lakeview adjacent to Atascadero Lake Both Creekway Plan ( existing and potential) and Chalk Mountain Regional Park (existing and potential) may be found on Maps VI-3 and VI-4, respectively. Atascadero Creek bisects the Colony on a west to east line, running along the southern portion of the Central Business District and the administrative-civic center complex . Portions of the Creek Reserve already are in public owner- ship. Natural vegetation and scenic quality are abundant along both creeks. Creek Policy Proposals j 1 . Possible purchase of privately owned portions , or negotiation of easement rights, shall be considered in order to develop the whole area as recreational land. These actions can be financed through public subscrip- tion, general obligation bonds, revenue-sharing funds or operating surplus. 2. Building setback requirements shall be established along the banks of both creeks to ensure the uninter- rupted natural flow of the streams and ensure access to the recreational use of the creeks. 3• The bacteriological content of the water in both creeks shall be monitored at appropriate intervals, to ensure against contamination by inflow of effluent from nearby septic tank leach lines. This possibility may exist along Atascadero Creek from the Capistrano Avenue Bridge to the railroad overpass. 4• Land disturbance shall be minimized within at. least 50 feet of water courses , except, for that maintenance such as brush clearing which shall protect adjacent properties from flood hazards. Other minor exceptions could be made for harvesting sand and gravel and for 77 • 0 low intensity recreational uses, such as trails and . picnic areas. Channelization of creeks with concrete shall be prohibited. 5. Some areas of the creeks shall be left in their natural state for public enjoyment and to provide a continuing home for the beaver population, as well as the foxes, weasels, coyotes, wildcats and raccoons. 6. Facilities for picnics, playgrounds and riding, biking and hiking trails are appropriate to these watercourse areas . Multiple-use trails for hiking and riding shall be developed the length of the creeks. 7• A series of check dams on the upper portions of Atascadero Creek could provide year-around water ( see Chapter VII , SERVICES ) for fishing and swimming activities . However , the alteration of natural drainage patterns shall be minimized, and the existing minor drainage channels shall be left in open space , in most cases, to provide for runoff. 8. The Atascadero Creek Plan, as prepared by SEDES and - approved as amended by the Board of Supervisors ( 1975 ) , is an integral part of this General Plan and represents a potential horizon plan for the subject area. The Creek Plan is shown on Map VI-2. 9. That portion of the Atascadero Creek Reserve from El '. Camino Real Bridge to the proposed Lewis Avenue Bridge shall be developed into a park. The Salinas River and its watershed recharge at least some of the riverbed wellfields of the Atascadero Mutual Water Company. The unimpeded flow of the river and its tribu- taries must be assured. The Salinas River offers spectac- ular possibilities for certain types of recreational uses , as well as playing an important role in the County Riding and Hiking Trail System. Certain sections are endowed with abundant natural vegetation. River bottom areas above normal flow levels are particularly suited to camping and picnicking development. A specific study for .this type of use shall be made of the more favorable river areas. 1 . Agricultural and recreational land uses shall be maintained the full length of the river' s flood plain as it passes through the Colony. Building permits shall be denied in the potential inundation areas. 2. Recreational trails shall be encouraged, particularly along the western banks of the river. . 78 • 9 3• Public access to and recreational use of the Salinas River bank adjacent to the light industry reserve shall be assured in the future by appropriate develop- _. ment regulation, including the possible establishment of a substantial industrial building setback from the top of the bank where landscape treatment could blend with the setting. It is shown on Map VI-2. Atascadero hake The 25-acre Atascadero Lake and its surrounding 10-acre park not only provide a home for aquatic and bird life but also serve as the primary recreational area for the Colony and, indeed, for surrounding portions of the entire County. The park is so heavily used that additional areas will have to be acquired to keep pace with the patronage. A park development plan approved by the Board of Supervisors foresees acquisition and construction of a greater variety and number of recreational facilities. A long term Capital Outlay Program is necessary to properly allocate construc- tion funds for these projects. During summer, the lake water becomes quite warm, resulting in a tremendous bloom of microscopic plant life. Current chemical methods of controlling the growth are not compat- ible with the existence of fish in the same water . No chemical action shall be taken to discourage the periodic plant life. The lake and park shall remain in public ownership. Pine Mountain Am hitheater or Stadium Park served as an important culturai and recreational site orthe ori inal community of Atascadero. Pine Mountain is characterized b ease growth and steep slopes where recreational activities Would logically e of a varied nature. It provides a grand central setting for a ` arge community park. This -acr_s area shall be developed for its original purpoze, It is Mailed a in Map VI-11 . The City shall consider purchasing i7—ifi7- if it appears necessary to assure such a development. un ing ror . such acquisition and development could be accom is a rou u is su scri tiongeneral obligation ons revenue sharing -funds, operating surplus or purchase and donation. The Sunken Gardens are another attractive reminder of the caliber and toF—eof E. G. Lewis ' vision of 60 years ago. The portion of the original Sunken Gardens east of the Veterans ' Memorial Building, now part of the Junior High School campus , shall be considered for acquisition and restoration (see SEDES Creek Plan, Appendix B) . Further 79 s 0 landscaping with appropriate trees and shrubs would enrich the now barren appearance of the west end of the park. More (and more attractive) trash receptacles and a stricter maintenance program are desirable. The sucessful reactiva- tion of the fountain by community groups suggests that further community and service club donation of money , talent and time is the route to follow in restoring this small remaining fragment of what was once one of the glories of Atascadero. The Chalk Mountain Regional Park is a County project which is nearly completed. n , the State of California declared 200 acres of Atascadero State Hospital to be surplus. The Board of Supervisors directed the Planning Department to explore the feasibility of constructing a golf course and related facilities. In 1973, a ten-year minimum development plan was approved in principle by the Board of Supervisors. In 1977, having funded the project, the Board has directed the implementation of Phase I. (See Maps VI-3 and VI-3A. ) Of the three Lit"le League Baseball Fields, two are located in the sewage p=ant area and one in the Atascadero Lake Park area. The acreages are about 1 . 5 and 1 .0, respec- tively. Because the two fields located adjacent to the sewage plant are designated for industrial uses in this Plan, another site nearby shall be found to relocate them. • In addition, the northeast octant needs a field. The Wranlerette Arena is an area of five acres of bottom- lanconsisting of a fenced arena, clubhouse and improve- ments, along with 25 acres of Salinas River bed. In event of dissolution of the organization, this property cannot be sold for profit of the membership and possibly would be deeded to the community. Neighborhood Parks provide recreational opportunities not available on private residential land. They can be coordi- nated in a community recreation program that mets the needs of all age groups. These parks shall be properly located so they best serve the population intended to use them• Examples of recreation facilities that shall be considered include: community rooms, playgrounds and picnic equipment, ball fields and courts. 1 . All school grounds shall be available for public recreational use when classes are not in session, as shall the High School tennis courts and 50-meter Olympic pool when not in scheduled use. 2. An area of approximately five acres shall be acquired adjacent to each new school site wherein playground 80 TABLE VI-4 RECREATION SITES IA THE COLONY Acres Atascadero Creek Reserve 26 Graves Creek Reserve 46 Chandler Parkland 70 Salinas River Inundation Area 101 Atascadero Lake and Park 35 Pine Mountain Affiphitheater 26 The Sunken Gardens, West 1 The Sunken Gardens, East 1 .9 The Chalk Mountain Regional Park 200 The Little League Baseball Fields Sewage Plant 1 .5 Atascadero Lake Park 1 .0 2.5 Wranglerette Arena 5 School Grounds 80 TOTAL . . . . . . . . . . . . 599.4 Percentage of total Colony acreage: 2.52% 82 � 1 � G / 00 10, 1 ` �- .~. ••awe• _rte-_•. --.'ryt ���. �� • �^ :Ti�:�~ L•,T.!":•Wit..•�• 1 o 109z EL AMAsCA0EZ�0 c o 0 0. STADIUM PARK Q C PREPARED By. C ATASCACENO AOVI80RY COMMITTEE= LEG END • SOURCE: TOWnship map. 1972. 0.1 MILE 84 s• _ _1113 . � � j _ ��, � WE jigs Ilk �v�=�/�111111♦ 11111111" !s�i��:1 s' " ' ' ,,fir/� - - - all �/ �,r �r _� ,, 111■ �, . . ` � ���'� � � � Alt s I�i��I ` ' - � �� SII ' - . ,.•- i � . 0 ADOPTED JUNE 27, 1983 L (Recreation) Zone 9-3.401. Purpose: This zone is established to provide suitable locations and standards for the development of recreational facilities accommodating the needs of the general public. 9-3.402. Allowable Uses: The following uses shall be allowed in the Recreation Zone. The establishment of allowable uses shall be as provided by Section 9-2.107 (Plot Plans) and Section:9-2.108 (Precise Plans) (a) Amusement services (b) Membership organizations (c) Libraries and museums (d) Bed and Breakfast (e) Temporary events (See Section 9-6.177) (f) Indoor recreation services (g) Collection stations (See Section 9-6.130) (h) Accessory storage (See Section 9-6.103) (i) Rural sports and group facilities (See Section 9-6.124) (j) Outdoor recreation services (See Section 9-6.123) (k) Fisheries and game preserves (1) General Merchandise stores, where related to recreational use on the site (m) Temporary or ,seasonal sales (See Section 9-6.174) (n) Utility transmission facilities (o) Forestry (p) School-business and vocational (See Section 9-6.125) 9-3.403. Conditional Use: The following uses may be allowed in the Recreation Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional Use Permits) : 3-41 ADOPTED JUNE 27, 1983 (a) Caretaker's residence (See Section 9-6.104) (b) Sports assembly (c) Public assembly and entertainment (d) Eating and drinking places (e) Cemeteries (f) : Pipelines (g) Recreational vehicle park (See Section 9-6.180) (h) Transit stations and terminals 9-3.404. Lot Size: There shall be no ;minimum lot size in the Recreation Zone. 3-42 M \l ,r 1j1 AP DEAN �1 `� ♦ice.�-ti'r-. s. '-<:._'..:. _ y r r fll I • ''.+-..✓ice LE THE STADIUM The Stadium is a natural bowl located in the center of Pine Mountain. The acoustics are so special that it was used for many years_ after the founding of Atascadero for all kinds of public events and cultural productions. Seats were formed in the hill to the south of the large hardwood stage so a good view of the stage was attained. } The stage was located under a huge oak tree which strung with electric lights for night time performances.was Many cultural events were held here: plays, operettas, pageants, dances; and at least one wedding. The Federated Church which was founded in 1915 met here much of the time until the Community Building was finished in 1921. In the Bulletin. 1916 a picture caption says "First Anniversary of the Federated Church of Atascadero holding services under the great oak in the heart of Pine Mountain. The Federated 6hurch has over three hundred members represent- ing twenty denominations. " Atascadero was the scene of many conventions in the early days for which the Stadium was one site of many activities. One picture says "Welcome to the Pacific Fleet". Other conventioneers were Y14CA, Southern Calif. Editors, Chamber of Commerces, Episcopaliane, and more. . After the demise of the Colony the stage was moved to the lake where it became the floor for the Pavilion. When the Poole twins, Dale and IKyrlan were in High School they purchased the twenty-nine acres which comprise the property with money they earned after school and on weekends. They sold it around 1970. It has been designated as a public recreation area in the Atascadero General Plans since 1968 but is still in private ownership at this writing. Agroup of Atascadero businessmen are trying to obtain funding to purchase the site at this time. (October 1981). The Community Church, successor of the Federated Church, held their 50th Anniversary celebration there. The Histori- cal Society has had at least two picnicc there. i� O r 3� r a 2 "L0 �lrs+i':'t. t"d .f VGz-'a'+rt. I�Y_Jf -�"�}. 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K t.-�..Y ,,t �,��C�L ��+...f+�'`'k i .a.ar s..��, r :. 1 a -♦.- r Na'``"�` r i, I,IEt L < •'� �7��/s�. ...i'" �: .s '`� _ t a' :•' / i.-,.�.'1 R ' - e'.�i�y��_- x :{+y ~3�!iL. .ii.. -:-c .` v -t:.• r !i^ ��.�f tet- '.�.r t�. •-.:~r :1x''i r` � t• t 7. t :2 1': t � trs � 5 1 n '' '^ 'k/ }w•. /�S '_/A.�Zc'tr' v�� "-" V,n t ' C a '�'� }. '1 r S V -_i +• R r^ / Y�'�y�-,'11 r� v.Y ✓'T �' :'. �.t7+ :. .I :. . },c`- .a�*t'r•-� ,r T-r ,a 0;-q MEETIN AGENi3�l DAT STEM# f REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: 7/25/89 File No: PL 33-89 From: Henry Engen, Community Development Director 4W, SUBJECT: Consideration of a request to remove a heritage tree (24" Digger Pine) . RECOMMENDATION: Approval of the tree removal as recommended by the arborist. BACKGROUND: The Tree Ordinance dictates that native trees 20" or greater in diameter (heritage trees) cannot be removed unless approved by the City Council following public hearing. Precise Plan 17-88 became effective on June 22, 1988 . This approval set conditions for the development of three (3) two- bedroom units on a lot containing an existing single family residence. The subject pine tree was shown to remain on the approved site plan (see attachment) . The Precise Plan application was accepted as complete on April 28, 1988, prior to the Tree Ordinance taking effect on May 13, 1988 . Building permits were issued on June 20, 1989 and the project is currently under construction. The site is located at 5405 Olmeda Ave. ANALYSIS: As the applicant' s letter states, actual site grading has revealed that the pine tree is located too close to the approved structural and parking improvements. The arborist has supported this by determining "that excessive root damage will occur" during construction of the foundation and the driveway. He recommends removal of the pine tree with one fifteen gallon oak planted in the front yard as a replacement . Implementation of the City' s Tree Ordinance has greatly reduced these type of problems by requiring certified arborist approval of tree protection plans. In this case, the project application was accepted before the Tree Ordinance took effect and site plan approval and building permits have been issued. • The Tree Ordinance includes the following removal criteria: " (iv) Obstructing existing or proposed improvements that cannot be reasonably designed to avoid the need for tree removal. " Attachments: Location Map Site Plan Letter from Property Owner Supplemental Information from Arborist HEIdd • o�. . " .-�,', � l -� _�. . . .c / - ,w/• ate. h ' .17 AVE `°`' * . o �`. �_�, v •_�/'-`-.vE�;_ -- .1` �� - '.�� •• '�..t 1 P y�` rpt Ir T� _ fE V ' L(FH) -R M F 41 Y i; 5 ( T an� F-40 R'I S j� C i N'' i I1 i 1 i I I IC Rl1 1 1 1 1 1e E AOA °;� I� o R S E� \ ROAD a I 1 J z AVE I—'vENAD 0. � y J INO ' I ' 'W Cif; LC 7� I LA y EXH 11; IT A C LO CAT la N MAP:, /..- _ •� C' Wit; ,, , �.. •,r•.r[.rc ti 1i » ,. � +,s 1.�� .. ` ' p��t•rtr = 't•''1�Y�••;g�_.::•v \\ ` \\♦ T.R;fy,._u.iM aa.y ,•�h• \\ I.w rMIJT►.<•vr•J4 +.. ,r,•. �:1«� 7 } � \., r•.K� u/tc.o♦rr.N[o • � T •••••Lau[ati(•.�r .•I 't i / \ `\, Q W.a'•[L.w1i•'\ ♦•..-.-4[ya4ar o.Li+t aayr�.:4ti �� \\�\\�` '•� (/1'i�tirY�Y�L� !.•`� �►1 R.+wa�ii'L(.N.�•1. � �. M.w s..YL_flIM,••� V a t _ '`\\\\`�1,�� ; �a.�.. r ■ t.a.ra rs ae«.eJaa ~ [y _.rte'. \'•^ �1 1}- �� (..1 J[:J a+.+.�•� �•��I M w r.airwa� t_•��a,_iv�.�l .. + � � � � fit$ � ,�•- �. � ji •::_ � :'� '•:a;',• ,: � •: .:.0 � p..:�.,�°;fir:.= "matt ✓ / • . *rc• (OLTSM f.r, We-Mae �._ sa• a...r.n.J s.[J moo--- a •`� � M[�T+.1 r • t,'' I'�1.. L j 'IWAM� �� r I 'h'•r�••'rVa ai j..a' �^ .�.�, w•„� :•..,.'�. M ``fob dz,—. D .a a►a[r�.. .Jy � E A LAN f'RD 0 S E AOR kEAA0V /=i REPiLAC, EM.EIUT TREE Tma _ : qLams_ _ _ _ tree w7lzt we wools now like on -amcvs. WE hat PlIMM's = keen we hrwa�er, a4lar gratin ; amw actna! 17 Ewing the Size and the tree aculf me _ :_ antoriat , the -r- will die - --- - like to replace it with a map tree as per BttannRm. WE hmp-::� , . � _ _ _ _.. _. , .. �: �< :. � .._ �; _..:. _air .. ..: ..._ - ---°= - . . _.. ,_ _ _ . ...._ arborists to remove the tree. Thank yza, IS Kirk A. r..- wP — ,s� '•�ii h 466-7077 Hame 466-0102 Work JUN 20- I-Ogg 5405 .__i I:e d a Avenue Atascaderm, Cly 53422 Free Removal Permit Application t 1 t11A:.-�- it 1{71�r1i. Supplemental Information l9tR t 0 Q1979 - f (Please type or print in ink) Reason for Removal : Tn G `K CC?3 3 IVB N Ll ^m ^ ttihD.*., G T Anh idrn Q Number of Trees to be Removed : 1, Specify the size (measured 4 ' above ground level ) , species (both common and botanical name) and condition of each tree to be removed: (1. 1 . 24��diAr�Tal D1 o, �MP 911'luJ 2. 3. 4. 5. Specify the size and species- of the trees proposed to replace - those intended for removal: 1 . lS1,JL1A C_.¢ L ' ©A P I S 4.0 l S ,ZD ,P U C V I1 A ri 1'0 I LA 2. 3. 4. 5. Please prepare a "Plot Plan" showing all improvements on your property, trees to be removed , trees to remain, and the proposed location of replacement trees as per the attached example. Owner jborist �s — Lir ilb� t Certificate Number Date Date MEETtNGr AIrrGENDA REPORT TO CITY COUNCIL Agenda Item: CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 7/25/89 File Number: TPM 7-89 From: Henry Engen, Community Development Director SUBJECT: Appeal by Thomas McNamara of Planning Commission denial of Tenta- tive Parcel 7-89 (7000 San Palo) (continued from 7/11/89 meeting) . BACKGROUND : At the Council ' s July 11 , 1989 meeting, there was a 2 : 2 tie vote on this appeal resulting in no action. At the request of the City Attorney, this matter was continued to meeting of July 25, 1989 to permit time for legal evaluation. HE :ph Enclosure: July 11 , 1989 - Staff Report to City Council CC : Thomas McNamara John Falkenstein • MEET DaTE J =A REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: 7/11/89 File No: TPM 7-89 From: Henry Engen, Community Development Director *NIC, SUBJECT: Appeal by Thomas McNamara of Planning Commission denial of Tenta- tive Parcel Map 7-89 (7000 San Palo) . RECOMMENDATION: Uphold the appeal and approve TPM 7-89 based on the Findings for Approval in the attached Exhibit "D" and subject to the Condi- tions of Approval in Exhibit "Ell . BP_KGROUND: On June 6, 1989, the Planning Commission on a 4 : 2 vote denied this proposed lot division based on the attached Findings for Denial (Exhibit F) . The attached staff report and minutes excerpts provides a record of the material and comments considered in making these findings . ANALYSIS: The parcel in question contains seven (7 ) acres and the minimum required lot size under RSF-Z residential zoning is 1 1/2 to 2 1/2 acre minimum depending on . site characteristics . The ordi- nance' s formula requires a minimum of 1 . 54 acres per site and all of the four (4) lots proposed meet this minimum. The primary issue at the Planning Commission was whether this should be a four (4 ) lot versus a three (3) lot subdivision, with Commission concern focusing on whether the building sites on lots 3 and 4 at the top of the hill would bring the homes too close together, and conflict with the "elbow room" intent of the City' s General Plan. Following the Commission' s action the applicants, in filing their accompanying appeal, have modified the tentative map to designate a minimum thirty foot (301 ) yard on each side of the property line separating lots 3 and 4 thereby assuring a minimum. of 60 • feet (601 ) between adjoining residences at this location. By contrast, the conventional minimum side yard setback in the Zon- ing Ordinance is 5 feet for side yards, 10 feet for rear yards and 25 feet for front yards . i • i This seven acre hilltop lot is occupied by one existing dwelling. The three proposed dwellings all meet the City' s standards with respect to density, setbacks, access, fire hydrant improvements, and other City requirements . Very little grading would be required in that the existing driveway would provide for access to all four parcels and no tree removal is required. Hence, staff continues to support findings for approval subject to the proposed eleven ( 11 ) Conditions of Approval . ALTERNATIVE : Should the Council desire to reject the proposed four-way divi- sion, the Findings for Denial made by the Planning Commission are enclosed herewith. HE :ph Attachments : . .June 12, 1989 - Letter of Appeal and Revised Tentative Parcel Map . .June 6 , 1989 - Staff Report . .June 6 , 1989 - Planning Commission Minutes Excerpts . .June 6 , 1989 — Planning Commission Findings for Denial (Exhibit "F" ) cc : Thomas McNamara John Falkenstien CUESTA ENGINEERING 7401-B EI Camino Real/P.O. Box 2066 Atascadero, California 93423 (805)466-6827 40 June 12, 1989 RECEIVED JUN 1 3 1989 Henry Engen City of Atascadero 6500 Palma Atascadero, CA 93422 Subject: Tentative Parcel Map 07-89/McNamara Dear Henry: As representative of Mr. Tom McNamara, I hereby request to appeal the Planning Commission decision of June 6, 1989 of denial of this appli- cation to the City Council . Attached is the application form and $100.00 fee. We have slightly revised the Tentative Parcel Map to indicate a 30 foot building setback along both sides of the lot line between lots 3 and 4. • If you have any questions, please call me. Respectfully Sumitted, bhn Falkenstien R.C.E. 33760 Exp. 6/30/90 JF:pd 87-245 J .5/ON TO rc-57,-90ZISH d", / // Y/�/i r < �---.�._�1 ` \•�� �.. `� � O .± \�a7 r7• 1. ��I :- '�.�/i ��/ /'///�/�/ ��, � '/ �. :i-,' X11 �1�� . \ \\ \'� C`\ \\S i h�' 0 2 v `•: IN ///// // \1.1 ' + 4'l 1 � ltlri ` � �i �, �� t� li +' il I; 1 tl;� l I '• 11 , 1 � v I i / it Illi 4) IU rib JD zi i l I l/1 �I t _ h k i i ,r ✓/ //�i � /JE� /� / t. 1 CITY OF ATASCADERO Item: R_2 STAFF REPORT FOR: Planning Commission Meeting Date: June 6, 1989 BY: ��P Steven L. DeCamp, Senior Planner File No: TPM 07-89 SUBJECT: Subdivision of one parcel containing approximately 7. 00 acres into four (4) lots of 1. 55, 1. 60, 1. 65, and 2. 20 acres. RECONNENDATION: Staff recommends approval of TPM 07-89 based on the Findings for Approval in Exhibit D and subject to the Conditions of Approval in Exhibit E. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Thomas McNamara 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Project Address. . . . . . . . . . . . . . 7000 San Palo Road 4. General Plan Designation. . . . .Low Density Single Family 5. Zoning District. . . . . . . . . . . . . .RSF-Z (1.5 - 2. 5 ac. min. ) 6. Site Area. . . . . . . . . . . . . . . . . . . . 7. 00 acres 7. Existing Use. . . . . . . . . . . . . . . . .Single Family Residence 8. Environmental Status. . . . . . . . .Negative Declaration posted May 23, 1989 ANALYSIS: The application before the Commission proposes the subdivision of one (1) parcel containing approximately 7. 00 acres into four (4) lots containing 1. 55, 1. 60, 1. 65, and 2. 20 acres. The General Plan designates this property for "Low Density Single Family" development. Consistent with this designation, the property is located within the RSF-Z zoning district. This district has a minimum lot size that ranges between 1. 5 and 2. 5 acres depending on the "score" of the performance factors specified in the Zoning Ordinance. For the area in which this proposal is located, the lot size • performance factors and the related scores are: FACTOR SCORE Distance from Center of Town 0. 10 Septic Suitability 0. 30 Average Slope 0. 70 Access Condition 0. 15 Neighborhood Character 0. 29 Minimum Lot Size 1. 54 acres The smallest lot proposed by this application is, therefore, larger than the minimum lot size allowed by the Zoning Ordinance for this neighborhood. Existing development on the property consists of a single family dwelling on what is proposed to become Lot 1. This dwelling is served by a dirt driveway that is located where the private road access for the new lots is proposed. The proposed house sites on Lots 2 - 4 appear to have been graded at some time in the past. There are no trees or other visible physical features which would restrict development of single family homes, or their related septic systems, in the locations shown on the tentative map. Two of the proposed lots are clearly "flag lots" (Lots 1 & 2) . Although the other two lots (Lots 3 & 4) have frontage on San Palo Road, their access will be from the private road. Because of this, the Subdivision Ordinance' s flag lot standards should be applied to each of the proposed lots. The subdivision' s major point of divergence from the Ordinance' s standards is that the lot furthest from the street does not own the accessway as required by Sec. 11-8. 209 C. The Developer' s Statement (see Exhibit C) provides a reasonable argument for an exemption to that requirement in this case, however. Staff concurs with the applicant that the topography of the site, and the configuration of the proposed lots is adequate justification for modification of the access ownership standard. Staff believes that granting the requested exemption will not be detrimental to the orderly development of the site nor will it adversely affect surrounding properties. The accessway for this subdivision is proposed to be thirty (30) feet wide with 16 feet of paving. Because the accessway is in excess of 150 feet in length, the paved portion of the access will be required to be 20 feet in width. This width can easily be accommodated within the 30 foot easement provided and will not require extensive additional grading. The applicant has proposed the name "Legado Avenue" for the new, private road serving the subdivision. Translated from Spanish, legado means "legacy" or "bequest. " This name does not conflict with other existing street names because of its spelling or 0 0 pronunciation. Neither the Fire Department nor the Police Department expressed any objection to the establishment of Legado • Avenue as a street name. CONCLUSIONS: The design of the proposed subdivision is in conformance with the City' s General Plan and Zoning Ordinance. Although the average slope of the property is relatively steep (30%+) , previous grading has created reasonable sites for the construction of three new homes. These home sites can be developed without significant additional grading or tree removal. Finally, the size of the proposed lots appears to be consistent with the character of the other residential lots in the vicinity. Staff believes that each of the Findings required by the Subdivision Map Act, as well as the "Flag Lot" Findings required by local ordinance can be made relative to this proposal. SLD/ ATTACHMENTS: Exhibit A - Location and Zoning Map Exhibit B - Tentative Parcel Map Exhibit C Developer' s Statement Exhibit D - Findings for Approval Exhibit E - Conditions of Approval i EXHIBIT A • a a ♦ . • TPM 1 • "r Location as Zoning Map .ii�Y►'� INS. -� aril 1✓ , � �` ����♦ � •� ���,', �<<• 1/ m NE 111 . •._ . � • .�� - �� 1► ,Il r • • EXHIBIT B 't CITY OF ATASCADERO TPM 07-89 ��—,:�.c = � spa--• WSCAD COMMUNITY DEVELOPMENT Tentative Parcel Ma DEPARTMENT .,roll aw[ a31 1 nth • p��a�O N� �� ! rl'r r'�r r'r r 1/ rr'r r �, v3EQ •--�• /� 41��ar��l I�I�II''lli �'•,, I � ' ♦ �� .1��, i 11 +(Ili'I I'll ��"�' IJw 1111 1 I F •l,`. 1 4 J +1 + 1, 1 ,1,1�I,II �pp♦ 111 , ,,''� l•, 1j1 i'1 I1+1 IIII ,b'� ,MI , �� •�'�'` 1oo r baa t• ;f' '•'; /y \�,�� �i 3 / ,� i .., p� � iN^►<,�% 'ala '• � ,���' ,/• ��` Ok // I1I'II II r I IpI tell r c' L • 111 1 I I I' ''` t , \ I �,�I 'I11/I'll , P O C Za t•a3 _. `, ,' 1 ; 'd% r,Z k-l 1+5 2rt,l Ao44 Z 1 ` `1� ��w = -S. / p"'�' �a%in��rr��' t' Imo• syr ,,,,�`' -- _ -� 15=`//4•;%;� a' Y C I a V - L - - ,• i •. l w Z Z �` �_ ♦Io T6 t ti � I��Ig�I♦ CC ' ; ao. EXHIBIT C CITY OF ATASCADERO TPM 0'-89 --sCOMMUNITY DEVELOPMENT Developer' s statement DEPARTMENT CUESTA ENGINEERING 7401-B EI Camino Real/P.O.Box 2066 Atascadero,California 93423 (805)466-6827 September 27, 1988 p }4 f�Y MAR - 9 lggg City of Atascadero COMMUN''TY D;-V-; Planning Department 6500 Palma Atascadero, CA 93422 Subject: Supplemental Development Statement Tentative Parcel Map AT 88-225 McNamara Gentlemen: This is an application to subdivide an existing 7.0 acre parcel into four parcels containing 1.60 acres, 2.20 acres, 1.55 acres, and 1.65 acres respectively. The property is zoned RSF-Z. The minimum lot size for this property is calculated to be 1.54 acres by use of the formula established in the Zoning Ordinance. Each lot has a comfortable area available for establishing a single family residence as indicated on the tentative map. There is one existing residence on the property. The existing driveway to the residence will be used to serve all four proposed parcels and will be paved to conform to the standards established in the flag lot section of the Subdivision Ordinance. Very little grading will be needed to accomplish this. The Subdivision Ordinance states that the lot most distant from the street shall own the main access. Lot 1 is the most distant lot from San Palo Road, however, its access splits Lot 2. There- fore we have shown the accessway under ownership of Lot 2 with an ease- ment overlay for use by the owners of Lots 1, 3 and 4. A maintenance agreement among the lot owners will control maintenance and ensure per- petual access rights. Sincerely, • John Falkenstien R.C.E. 33760 Exp. 6/30/90 JF:pd EXHIBIT D - Findings for Approval Tentative Parcel Map 07-89 7000 San Palo Road (McNamara) June 6, 1989 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1. The proposed map is consistent with the applicable General or Specific Plan. 2. The design and/or improvement of the proposed subdivision is consistent with the applicable General or Specific Plan. 3. The site is physically suitable for the proposed type of development. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of improvements, will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The design of the subdivision and/or the type of proposed improvements will not cause serious public health problems. 8. The subdivision is consistent with the character of the immediate neighborhood. 9. The installation of a standard street, either alone or in conjunction with a neighboring property is not feasible. 10. The flag lots are justified by topographical conditions. • 0 EXHIBIT E - Conditions of Approval Tentative Parcel Map 07-89 7000 San Palo Road (McNamara) June 6, 1989 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall exist at the Legado Avenue frontage of each parcel prior to recordation of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the subdivider. 4. Grading, drainage, and erosion control plans for all accessways, prepared by a registered civil engineer, shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments prior to recordation of the final map. 5. Plans and profiles for the private accessway (Legado Avenue) shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments. The accessway shall be paved to a minimum width of twenty (20) feet with two foot graded shoulders within a minimum a twenty four (24) foot right- of-way (or to the standard in force at the time of construction) . 6. Permits shall be obtained and the construction of Legado Avenue shall be completed prior to recordation of the final map. 7. Road improvement plans prepared by a registered civil engineer shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments prior to the construction of improvements. Plans shall include, but not be limited to, the following: San Palo Road: a. Drainage improvement design shall meet all City development standards, including measures to protect • and preserve existing trees on the site and in the public right-of-way. 0 0 b. Construction shall include an eighteen (18) inch asphalt dike to convey water along the edge of the road and a City standard approach to serve Legado Avenue. 7. Subdivider shall obtain an encroachment permit from the Public Works Department for improvements in the public right-of-way for the private road encroachment and drainage facilities. Subdivider shall also sign an inspection agreement guaranteeing that the work will be done in conformance with City standards and inspection fees paid. All work required by the encroachment permit shall be completed prior to the recordation of the final map. 8. A registered civil engineer shall provide written certification that all grading and drainage improvements have been completed in full compliance with the approved plans prior to final inspection. 9. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this affect shall appear on the final map. 10. Parcels 3 and 4 shall have no direct access to San Palo Road. Relinquishment of access rights shall be delineated on the final map. 11. An offer of dedication to the City of Atascadero for the following right-of-way is required: Street Name: San Palo Road Limit: twenty-five (25) feet from centerline 12. Offers of dedication shall be completed and recorded prior to or simultaneously with the recordation of the final map. 13. A fire hydrant shall be installed at the point where the driveway for Lot 1 leaves Legado Avenue prior to recordation of the final map. The exact location and specifications of the fire hydrant shall be as determined by the Fire Dept. 10. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Subdivision Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. • b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 11. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. • PAGE THREE • Ms . Hollowell noted that they will do whatever is neces y to mitigate Mrs . McTaggart ' s concerns. Discussion owed. Commi ;oner Luna stated he could not suppor everal of the findings t the site is physically su ' le for the proposed densi of development) as t e are problems with flooding, one or tw ipelines on _ rcel 1 , and the noise factor (railroad) . MOTION: Made by Comm ' ion H- and, seconded by Commissio r Waage and carr ' 5 : 1 with Commi oner Luna dissenting to rove Tentative P el Map 4-89 subject to the finds wand conditions contained in the staff report '* eportth modification to Condition 3a to delete th s : . . . "including driveways" . . . . 2. TENTATIVE PARCEL MAP 7-89 ; application filed by Thomas McNamara (Cuesta Engineering) to allow subdivision of one lot containing approxiamtely 7 . 00 acres into four lots containing 1 . 55, 1 . 60, 1 . 65 and 2 . 20 acres each. Subject site is located at 7000 San Palo Road. is Mr. DeCamp presented the staff report noting staff' s recommendation for approval subject to 11 conditions . There was discussion concerning the proximity of the proposed building sites on Parcels 3 and 4 with regard to minimum setbacks . John Falkenstien with Cuesta Engineering, representing the applicant, stated they have no problems with the staff report. He clarified that the applicant has no intention of reducing the distance between the two homes to the minimum side setback and is proposing the home sites as shown on the tentative map. The tree on parcel 2 will not be affected by development. Thomas McNamara, applicant, explained that the grading on the property took place in 1956 and the tree has been there since that time and has never suffered any adverse effects . In response to question Commissioner Lopez-Balbotnin, Mr. DeCamp responded that the Fire Marshall has determined that one fire hydrant is adequate to serve the four lots . Commissioner Brasher asked that provision be incorporated into the conditions that the two house sites on Parcels 3 and 4 have a certain amount of distance between them as she felt that it was not in keeping with the rural character of the neighborhood to have the homes that close. PAGE FOUR Commissioner Luna concurred adding that the two homes on one half acre in a one and one-half acre subdivision are not consistent with the General Plan' s cowments on "elbow room" . He could support a three-way subdivision but not what is being considered this evening. Chairperson Lochridge remarked he, too, has reservations whether there is adequate room for the two home sites . He referenced the "elbow room" concept of the General Plan, the open space concept in the Zoning Ordinance, and the five foot side setback in the Zoning Ordinance adding there is opportunity to allow for more setbacks; he would support a three-way lot split. Commissioner Waage felt he could not make the findings supporting this lot split, but could support a three-way subdivision. MOTION: Commissioner Brasher moved to deny Tentative Parcel Map 7-89 . It was pointed out that findings for denial need to be made . Mr. Falkenstien stated the applicant would be willing to accept incorporating a fifty foot setback between the two home sites . Mr. Decamp commented that if the Commission is more comfortable with establishing a wider setback, there is adequate room to do so which could be incorporated in the final map. Discussion continued. At this point, Commissioner Brasher restated her motion: MOTION: Made by Commissioner Brasher to deny Tentative Parcel Map 7-89 by amending the Findings for Approval to reflect Findings for Denial (modification of #1-4 and deletion of #5-10) . Commissioner Waage seconded the motion with the motion carrying 4 : 2 with Commissioners Highland and Lopez-Balbontin dissenting. Commissioner Highland stated his belief that the Commission is moving into the area of dictating where on a piece of property an individual shall build even though the Zoning Ordinance has minimum standards which are met. Philosophically, he feels this is not right. Chairperson Lochridge declared a break at 8 : 55 p.m. ; meeting reconvened at 9 : 10 p.m. EXHIBIT "F" - FINDINGS FOR DENIAL TPM 07-89 - 7000 San Palo Rd. (McNamara) June 6, 1989 - Planning Commission Action MAP FINDINGS: 1 . The proposed map is inconsistent with the applicable general or specific plan. 2 . The design and/or improvement of the proposed subdivision is inconsistent with the applicable general or specific plan. 3 . The site is physically unsuitable for the proposed type of development. 4 . The site is physically unsuitable for the proposed density of development. . MEEfIN AGENDA ITEM O REPORT TO CITY COUNCIL . CITY OF ATASCADERO Agenda Item: - Through : Ray Windsor, City Manager Meeting Date : 7/25/89 From: Michael Hicks , Fire Chief/*.G'�. SUBJECT: Resolution 54-89 - Confirming the cost of weed abatement RECOMMENDATION: It is my recommendation the administrative fee for weed abatement charges be set at 40%, and fees as shown on the attachments be accepted. I would also recommend the administrative fees for the program next ,year be increased to 100% to fully recover direct costs to the City for administration and enforcement of the weed abatement ordinance. BACKGROUND: On 4/25/89 , Council adopted a resolution declaring that all noxious or dangerous weeds or other flammable material that create a fire hazard constitute a public nuisance and authorized the Fire Chief to proceed with abatement . During the period from April 27 - May 9 , notices were mailed to affected property owners informing them of weed abatement requirements . A public hearing regarding appeals was held on 5/23/89 . The weed abatement contract was awarded at that meeting to Young Brothers Construction, to abate parcels which were not abated by property owners . Abatement work began on June 5th and continued through July 17th. An itemized list of weed abatement assessments are to be posted with the City Clerk and at the Fire Station on 7/19/89 . FISCAL IMPACT: No direct fiscal impact - $21 , 226 . 80 will be recovered through assessments placed on property tax bills . Attachments : Preliminary special assessments list Data entry documents for special tax charges • RESOLUTION NO. 54-89 RESOLUTION OF THE ATASCADERO CITY COUNCIL CONFIRMING THE COST OF WEED ABATEMENT WHEREAS, the Government Code of the State of California, Section 39500 , et seq. , provides that cities may declare weeds a public nuisance for the purpose of Weed Abatement ; and WHEREAS, the Atascadero Fire Department did abate said nuisance within the provisions of the Government Code , Section 39500 , et seq. ; and WHEREAS , the cost of the work of abatement as shown on Preliminary Special Tax Listing for 1989-90 Tax Year was submitted in accordance with Government Code Section 39574 ; and WHEREAS , the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE, BE IT RESOLVED that the report of abatement cost is confirmed as presented; and BE IT FURTHER RESOLVED that the costs of abatement constitutes a special assessment against the described parcels and shall be a lien on the property in accordance with Government Code Section 39577 ; and BE IT FURTHER RESOLVED that the City is hereby directed to transmit to the proper officials of the County a certified copy of the report for filing. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT: DATE ADOPTED: BY• ROLLIN DEXTER, Mayor City of Atascadero, California • Resolution No . 54-89 Page two ATTEST: BOLD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL HICKS , Fire Chief • APPROVED AS TO FORM: JEFFREY G. 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COUNTY OF SAN LUIS OBISPO AUDITOR-CONTROLLER'S OFFICE Data Entry Document for Special Tax Charges Special Assessment Atascadero Weed Abatement TRA - (1-4) (5-13) (14-24) Fund Number Assessment Number Tax Charge i 1 171 a1 (PI 10151 00 1 1 71 / 1111101 17 i s I�I 10 151 I 1 3 10 1 171 i L_I_I_I�i—I 171 © 1 . 101 01 1 17 I otl(P II 15 j I1- - 7101 / 1 . 10 1 01 I 21 3 716 1 . 101 01 I l 17 I�ICr I I �i 5l� i al 010 15�`! 1 1 1 1 1 1 1 17101 - 10101 - - - - - -I- - -I- - - - - - - - - - - - 1l 17 II Co I 10 I 5ICv ISI I 010 l I I—I—I—I—I—I®131$10 I 14 171 I I !/ I G I l 11 I I—I—I—I_I_I—! / 12-10 1. 1 1/1 I I / 1 71 �4(01 10 151(P 11 `t3`I/ I D 10 1 (p 1 1-1-1-1-1_1�1_1 ,� 1 q 1 . 161 d 1 111-71 al & i to I slsl DI Cela 0131-71 1 1 1 1 1 1 1 1 71 / 1 . 1-1— I L121 . 11IL171 2 l& I 1013 11 101 SI a 10 1 / 17 1 ;2 1(aI 16 I ID DISI 1 0 1 al 1 1 i—I—I—I—I—l�I—I 171 . 1 lv 1 41 I I 171-21 Col 1 o 1310 1 11 /1 / 11 1 / 15 I I_i—I—I_I—I_I—I 1 71 . 1610 1 LI 71 --ZI&I 10 1316 I / 131 / 101 1 31 I—I—I_I—I_i—II�191 . 1 6101 11 17 La 1 6 1 1015 10-1a 13-1310 10 153 I I—I—I—I—I_I—I-171 o I. 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I Ca 1 01 Contact`Peron Peggy Green Phone 461-5070 Dept/Dist/City Atascadero City Date 7/17/89 TC-F002 (New 3/29/88) 4977A/0003A t COUNTY OF SAN LUIS OBISPO • AUDITOR-CONTROLLER'S OFFICE Data Entry Document for Special Tax Charges Special Assessment Atascadero Weed Abatement TRA (1-4) (5-13) (14-24) Fund Number Assessment Number Tax Charge 1 1 171 a l Col 10 1310.1111111 o I / Ill ►-1_I i_I Iq 171. 1(n 101 I i 1`71 al &I 10 1310 31x1 / D lal_I lil_I I I I_I_i�lsl . lal � l ( II_alfol IG11310131 x11 01131 i_I_I I I I I I `fl 71. lwidl - - - - _ -I- - - - - - - - - 11 I-7I;I6, 1 101 310 31311 10 I ISI I I I I i I I 1411aI. 10 1 of I 171 a1 �O1 toi3la 31911 oio I / ( I I i I I I I 1�171. 1 (vl �l i i 17 1246, 1 Iol3101 I ! 1-7 ,1 al &1 I o l 310 121 alaI.L I al al I_l_i_I_I_I_I71. 1 (oi o I 117 l of l Co I 10 510 I O I�I? _1 `1 l ;;Z4. 1 0 1 i t .I 7 I al Cn l I D 1 51 D 171 11 0 I o 1 91 I_I_f_I_I i t 131 SI. 171 0 11 171 Afol 1016-jol l iall Di 1131 I I i I 1 1_1_13151. 17101 11 171 a1 (P I I o 15-1 b 1 o I*q 131 31-LI o 1a l I_I_I_I_i_I_I / l ` I al. 18101 1 1 1-71 al &I 101510 11111 11o I_0151 I_I_I_I_i 1 1 1 `117 1. 140 1 o 1 11 171x1& 1 I o1510 I-/I411 10laial 1 1 1 1 1 1 1 19151. I ;�ICI I / 1 -71 al& I 1 0 1 51 o I 1 141 I l o i ai / I I_I_I_I_I_I_i_I�I 51. I x101 1 117 1 al (a 1 10 1510 al 711 0 11 171 1-1_1_1_1_1_1_1( I. 1710 l 1 117 1 211 &1 1 01510 al 71 1 of 1 1 11 I I I I I I_i_ICo1.31. 1710 I I ! 1?1 a 1& 1 10 ISI 0 Ill Pi 1.4_i -310 I I_I_i_I_i_I_I_I q 151. 1 ;;zI 0 l 1 1171 al_(0 1 16 15-10 I C 1 A / 1 L 121 31 I_I_I_I_I_I_I_i `� 1 7 1. 1 !ol 01 1 1 171 a l l 1 0 1 510 31 1 1 ;? 10 11 131 1_1_1_1_1_1_1 / 19 10 1. 14 10 1 Peggy Gree461-5070 AU20._ff Dept/Dist/City Atascadero City Date 7/17/89 TC-FOO2 (New 3/29/88) 4977A/0003A MEEtIN AGEN©A r DAT Z4IREM REPORT TO CITY COUNCIL Agenda Item: CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 7/25/89 From: Henry Engen, Community Development Director P& SUBJECT: Consideration of adoption - on an urgency basis - of a CR-D Com- mercial Retail-Downtown zoning district (continued from 7/11/89 meeting) . RECOMMENDATION: Approval of the attached interim Ordinance No. 196-89 - with such refinements as the Council may desire - on an urgency basis (4/5ths vote required) . In addition, schedule a public hearing for August 22 , 1989 to consider possible extension of the ordi- nance for up to 22 months and 15 days . BACKGROUND At the Council' s meeting of July 11, 1989, the attached staff report was discussed and a public hearing held to consider the Planning Commission' s recommendations for adoption of an urgency ordinance establishing a Commercial Retail-Downtown zoning district on an urgency basis. The action of the Council was to direct staff to come back with a less comprehensive zoning text amendment, which would simply delete uses considered deleterious in the downtown area pending receipt and evaluation of the pro- posed Master Plan for the downtown scheduled for this fall . ANALYSIS: Should the Council approve the accompanying ordinance No. 196-89, the uses deleted from the currently allowed CR list in the BIA area would not be permitted. Any existing use of that type would become a legal non-conforming use. As may be seen, the types of uses proposed to be prohibited are service commercial, indus- trial, storage, or drive-in uses that are incompatible with a • pedestrian-oriented commercial area. It should be recognized that it is not expected that the whole BIA area will be desig- nated for pedestrian focus, but adoption of this ordinance would keep that option open during this interim planning period. SII 0 ALTERNATIVE : As an alternative to a prohibition of the proposed deleted uses, the Council could shift them all to Section 9-3 . 263 as condi- tional uses, subject to Planning Commission use permit. HE :ph Attachments: Draft Ordinance No. 196-89 - Creating an Interim CR-D Zone Deleting Certain CR Uses July 11, 1989 - Staff Report to City Council CC: Business Improvement Association Chamber of Commerce Downtown Steering Committee Homeowner' s Association Atascadero 2000 Wurster Bernardi & Emmons, Inc. • .G�D2�ia- Council Agenda Item B-4 CUP Alternative" ORDINANCE NO. 196-89 AN INTERIM ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 9 ZONING REGULATIONS BY ADDING A CR-D COMMERCIAL RETAIL-DOWNTOWN ZONE WHICH REQUIRES CONDITIONAL USE PERMITS FOR CERTAIN CURRENTLY ALLOWABLE USES IN THE CR (COMMERCIAL RETAIL) ZONE WITHIN THE BIA (BUSINESS IMPROVEMENT ASSOCIATION) AREA (CITY COUNCIL INITIATED) WHEREAS, Section 65858 of the Government Code authorizes the adoption by local legislative bodies of interim ordinances as urgency measures to protect the public safety, health and welfare; and WHEREAS, said ordinances may be adopted as urgency measures prohibiting actions which may be in conflict with a contemplated zoning proposal which the legislative body, Planning Commission or Community Development Department is considering, or studying, or intends to study within a reasonable time; and • WHEREAS, the City has undertaken a program to develop a master plan for the downtown area for adoption as an element to the City' s General Plan; and WHEREAS, the City' s Zoning ordinance permits a wide variety of uses within the downtown area which could be deleterious to the objective of a pedestrian-oriented downtown; and WHEREAS, the Planning Commission considered this matter on June 20, 1989 and recommends adoption of an urgency ordinance by the Council following public hearing; and WHEREAS, the City Council held a public hearing on their recom- mendation on July 11 , 1989 and continued the hearing to July 25 , 1989 with direction to staff for revised ordinance language; and WHEREAS, such urgency measures shall require a four-fifths vote of the legislative body for adoption. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows : Section 1. Council findings . 1 . The proposed code amendment is in conformance with Section 65800 et seq of the California Government Code conderning zoning regulations . 2 . The proposed zoning text amendment will not have a significant adverse effect on the environment. Preparation of an Environmental Impact Report is not necessary. • • Ordinance No. 196-89 Page 2 of 3 3 . That further study is necessary to determine what legislation, if any, is proper for the protection of the public health, safety, and welfare. 4 . The proposed zoning text amendment designates a number of presently allowed uses to be uses which may be permitted subject to a conditional use permit to ensure consistency with the Central Business District policies of the General Plan and with the goals of the pending master plan for the downtown area. 5 . That there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional building permits, plot plans, precise plans or use permits, inconsistent with the zoning text changes provided for herein, would result in a threat to public health, safety, or welfare. Section 2 . Zoning Text Change. Section 9-3 . 261 is hereby added to the text of the Zoning Ordinance as shown in the attached Exhibit "A" , which is hereby made a part of this ordinance by reference. Section 3. Zoning Kap Change . Map numbers 7, 16 and 17 of the official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify portions of the Atascadero Colony as shown on the attached Exhibit "B" which is hereby made a part of this ordinance by reference. Section 4. This ordinance is adopted under Government Code Section 65858 and is in full force and effect for forty-five (45) days. Section 5 . The City Council hereby declares that this is an urgency ordinance necessary to preserve the public peace, health and safety due to the facts set forth above. Section 6. This ordinance being an urgency ordinance for the immediate protection of the public safety, health and general welfare, containing a declaration of the facts constituting the urgency and passed by a four-fifths (4/5) vote of the Council shall take effect immediately upon its adoption. Ordinance No. 196-89 Page 3 of 3 Section 7. 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 this City. 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 ROLLIN DEXTER, MAYOR ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PRE ABED BY: HENRY ENG N, Community Development Director 0 ` EXHIBIT "A" Ordinance No. 196-89 CAPS - Language added to CR text CR-D (Commercial Retail-DOWNTOWN) Zone (BUSINESS IMPROVEMENT ASSOCIATION AREA) 9-3 . 261. Purpose: This zone is established to provide for a wide range of commercial uses to accommodate most of the retail and service needs of the residents of the City and surrounding areas. 9-3 . 262 . Allowable Uses: The following uses shall be allowed in the Commercial Retail Zone. The establishment of allowable uses shall be as provided by Section 9-2 . 107 (Plot Plans) and Section 9-2 . 108 (Precise Plans) : (a) Broadcast studios (b) Food and beverage retail sales (c) Furniture, home furnishings and equipment (d) General merchandise stores (e) Temporary or seasonal sales (See Section 9-6 . 174) ( f) Financial services (g) Health care services (h) Offices (i) Temporary offices (See section 9-6 . 176) (j ) Personal services (k) Eating and drinking places (1) Membership organizations (m) Schools - business and vocational (See Section 9-6 . 125) (n) Social and service organizations (o) Hotels and motels (p) Bed and breakfast (q) Retirement hotel (r) Funeral services (s) Libraries and museums (t) Temporary events (See Section 9-6 . 177) 9-3 . 263 . Conditional Uses : The following uses may be allowed in the Commercial Retail Zone. The establishment of conditional uses shall be as provided by Section 9-2 . 109 (Conditional Use Permits) : (a) Amusement services (b) Caretaker residence ( See Section 9-6 . 104) (c) Service Station (See Section 9-6 . 164) (d) Public assembly and entertainment (e) Indoor recreation services ( f) Animal hospitals (See Section 9-6 . 110) (g) Auto repair and services (See Section 9-6 . 168) (h) Churches and related activities (See Section 9-6 . 121) ( i) Food and kindred products (See Section 9-6 . 128) (j ) Pipelines (k) Outdoor recreation services (see Section 9-6 . 123) (1) Sports assembly (m) Transit stations and terminals (n) Kennels (See Section 9-6 . 111) (o) Building materials and hardware (See Section 9-6 . 165) (p) Mail order and vending (q) small scale manufacturing (r) Light repair services (s) Accessory storage (See Section 9-6.103) (t) Horticultural specialties (See Section 9-6 . 116 ) (u) Auto, mobilehome, vehicle dealers and suppliers (see Section 9-6 . 163) (v) vehicle and equipment storage (see Section 9-6 . 183) (w) Utility transmission facilities (x) Business support services, where all areas of use are located within a building (y) Collection stations (See Section 9-6 . 130) (z) Sales lots (See Section 9-6 . 139) (aa) Farm equipment and supplies (bb) Fuel and ice dealers (see Section 9-6 . 129) (cc) Skilled nursing facility (See Section 9-6 . 134) (dd) Schools (See Section 9-6 . 125) (ee) Utility service center 9-3 . 264. Lot Size: There shall be no minimum lot size in the Commercial Retail Zone. 9-3 . 265 . SITE AND DEVELOPMENT STANDARDS: SHALL BE AS ESTABLISHED FOR THE CR COMMERCIAL RETAIL ZONE. i EXHIBIT "B" Ordinance No. 196 -89 < p dt �- FROM CR(COMMERCIAL RETAIL) TO CR-D(COMMERCIAL RETAIL-DOWNTOWN) ORDINANCE NO. 196-89 AN INTERIM ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 9 ZONING REGULATIONS BY ADDING A CR-D COMMERCIAL RETAIL-DOWNTOWN ZONE WHICH DELETES CERTAIN ALLOWABLE AND CONDITIONALLY ALLOWABLE USES IN THE CR (COMMERCIAL RETAIL) ZONE WITHIN THE BIA (BUSINESS IMPROVEMENT ASSOCIATION) AREA (CITY COUNCIL INITIATED) WHEREAS, Section 65858 of the Government Code authorizes the adoption by local legislative bodies of interim ordinances as urgency measures to protect the public safety, health and welfare; and WHEREAS, said ordinances may be adopted as urgency measures prohibiting actions which may be in conflict with a contemplated zoning proposal which the legislative body, Planning Commission or Community Development Department is considering, or studying, or intends to study within a reasonable time; and WHEREAS, the City has undertaken a program to develop a master plan for the downtown area for adoption as an element to the City' s General Plan; and WHEREAS, the City' s Zoning Ordinance permits a wide variety of uses within the downtown area which would be deleterious to the objective of a pedestrian-oriented downtown; and WHEREAS, the Planning Commission considered this matter on June 20, 1989 and recommends adoption of an urgency ordinance by the Council following public hearing; and WHEREAS, the City Council held a public hearing on their recommendation on July 11, 1989 and continued the hearing to July 25, 1989 with direction to staff for revised ordinance language; and WHEREAS, such urgency measures shall require a four-fifths vote of the legislative body for adoption. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings . 1 . The proposed code amendment is in conformance with Section • 65800 et seq of the California Government Code concerning zoning regulations . 2 . The proposed zoning text amendment will not have a significant adverse effect on the environment. Preparation of an Environmental Impact Report is not necessary. Ordinance No. 196-89 Page 2 of 3 3 . That further study is necessary to determine what legislation, if any, is proper for the protection of the public health, safety and welfare. 4 . The proposed zoning text amendment deletes uses permitted in the downtown area which, if established, may conflict with the goals of the pending master plan for the downtown area. 5 . That there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional building permits, plot plans, precise plans or use permits, inconsistent with the zoning text changes provided for herein, would result in a threat to public health, safety, or welfare. Section 2 . Zoning Text Change. Section 9-3 . 261 is hereby added to the text of the Zoning Ordinance as shown in the attached Exhibit "A" , which is hereby made a part of this ordinance by reference. Section 3 . Zoning Map Change. Map numbers 7 , 16 and 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify portions of the Atascadero Colony as shown on the attached Exhibit "B" which is hereby made a part of this ordinance by reference. Section 4 . This ordinance is adopted under Government Code Section 65858 and is in full force and effect for forty-five (45) days. Section 5 . The City Council hereby declares that this is an urgency ordinance necessary to preserve the public peace, health and safety due to the facts set forth above. Section 6 . This ordinance being an urgency ordinance for the immediate protection of the public safety, health and general welfare, containing a declaration of the facts constituting the urgency and passed by a four-fifths (4/5) vote of the Council shall take effect immediately upon its adoption. Ordinance No. 196-89 Page 3 of 3 Section 7 . 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 this City. 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: ROLLIN DEXTER, MAYOR BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: HE RY ENGEN Community Mvelopme14 Director 0 EXHIBIT "A" CAPS - Language added to Ordinance No. 196-89 CR text ---- - Deleted use i CR-D (Commercial Retail-.D,OWNTOWN) Zone (BUSINESS IMPROVEMENT ASSOCIATION AREA) 9--3.261 Purpose: This zone is established to provide for a wide range of commercial uses to accommodate most of the retail and service needs of the residents of the City and surrounding areas. - - Allowable Uses: The following uses shall be allowed in the Commercial Retail Zone. The establishment of allowable uses shall be as provided by Section 9-2.107 (Plot Plans) and Section 9-2.108 (Precise Plans) : (a) Broadcast studios -Hb* --4�u i ng-ma-to-r-i-als--and-eta-rdwar-e -(See-,6ect-ion --9-6.4.6r}- (c) Food and beverage retail sales (d) Furniture, home furnishings and equipment (e) General merchandise stores -(-fl --Me --and- v etic1+ng- (g) Temporary or seasonal sales (See Section 9-6.174) i (h) Financial services (i) Health care services (j) Offices 4k4- oma 11-roc ale. v am uf-ae-t u-r4 a4- (1) Temporary offices (See Section 9-6.176) (m) Personal services 4-R4 --moi -t-- epa r -ser-*-iaes- 4E --Acee-sser-y-&t4w-age-(£►ee -Sects.-en-4-6-10-3t (p) Eating and drinking places (q) Membership organizations 'f-�`'3 -`-bier-t-�1-ttrr-� see-ice}-t ies--(-See-6eet�.ore-9 -{�)-- Auto;-m©bllefice,--veh33ea�er-s--and--st� }i�rs- (-See-Sei�n- -{t)—Vehicle-and=-equ i-pment•-stor--age {See--Sect inn i i 3-27 i • M Schools - business and vocational (See Section 9-6.125) -(-v)--t1�1A-tg-t ra Rsm i:ss i,&n--f-ac4-1-1 t-1e s- Ems-) -Business--suppor-t- ser--vicesr-where -a-1-1 -ar-eas-of ire---3-o- sated--witli-its-a -be ilding (x) Social and service organizations 4-Y4 ---Eoi�eet-*on--st-atisirs-(See- Sect3-m a-6-.43GJ- 49) Sales-lots {See-Section--9:-b-.13-9}- 4 aa}- €a-r m-ege Amen t-and--s ugp i is es.- +bb)- Fue lr-and- ice dealer s---{-See- Sec t jun 9-6:-124-�- (cc) Hotels and motels -(-dd)—S*-il 1 ed-#u r•-s--i ng--'ftc4 1 i ty-(S ee-Section -9-6.13-4-)- (ee) Bed and Breakfast (ff) Retirement Hotel -(gg) ---Funeral- Services— fhh3- ---Scheol-s--{See-See t+on---9--6-.1-275)- 44 14- 5-:12 }-4414---U t4l"y-s e�v4ae-center (jj) Libraries and museums (kk) Temporary Events (See Section 9-6.177) 9-3 .263 -9-3:223: Conditional Uses: The following uses may be allowed in The Commercial Retail Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional Use Permits) : (a) Amusement services (b) Caretaker residence (See Section 9-6.104) -+c)- Ser v-ice-S i-en- +See-,6 eet i epr -9-6-.-16-4-)- (d) Public assembly and entertainment (e) Indoor recreation services +f-4- --An i-m al-hos-p 3-t a l s-(See dee t i-Ga -9--6.-1710-)- 3-28 -6.moi0-)-3-28 -( }- Aut0---RePa1 r -and-Sery i-ee s-(See- See t-i-e;-4-6-.4 6-8j- • C-*u-rehes- aid -tel a-ted-ac t-l-V i-t-i es- (See See tA-uon-9-lr.12-3-)- (i) Food and kindred products (See Section 9-6.128) P�pe.441m=-- +0- Gu-t-dooms-r eer-e at-i-on-ser-v cee--(Seek ee--ion-9-6.3.-2-3-)- {�)--8pc�r t�As-semb3y�--- +NO --T*ftns-1-t -st-at--i-one-arab-4e-r-m-l-na3.-s--- -F --Keftnels 9-3.264 -9--3:22-4: Lot 'Size: There shall be no minimum lot size in the Commercial Retail Zone. 9-3.265 . SITE AND DEVELOPMENT STANDARDS : SHALL BE AS ESTABLISHED FOR THE CR COMMERCIAL RETAIL ZONE. i f 3-29 EXHIBIT "B" Ordinance No. 196 -89 iw Y _ � O i FROM CR(COMMERCIAL RETAIL) TO CR-D(COMMERCIAL RETAIL-DOWNTOWN) MEETIN AG!NDA • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-2 Through : Ray Windsor , City Manager Meeting Date: 7-25-89 From: Mark Joseph , Administrative Services Director 11 SUBJECT: Adoption of FY 89-90 Proposition 4 Spending Limit RECOMMENDATION: Staff recommends Council adopt the attached resolution establishing the FY 89-90 Spending Limit . DISCUSSION/ANALYSIS: Each year Council must adopt a spending limit . This limit is • calculated by multiplying the adjusted base year amount times a combination of population growth and a change in the Consumer Price Index (CPI ) . For FY 89-90 this represents a 7.51 percent increase over the adjusted base of $4,628,837, or a new spending limit of $4 ,976,463. Since our revenue sources subject to the limit are $4 , 356,400, the margin of safety is $440,063. Revenues subject to the limit are primarily from proceeds of taxes, state subvention monies, and any investment earnings. Fees, licenses, permits and fines are excluded from the limit . Accordingly, it is not uncommon for a City ' s total budget to be in excess of the spending limit , and still be in compliance. The attached table shows the calculations determining the current Proposition 4 Spending Limit. The table below itemizes those revenues subject to the limit . • 0 • Revenues Subject to Proposition Four Spending Limit, FY 1989-90 REVENUE SOURCE AMOUNT Property Taxes $1 ,710,000 Sales Tax 1 ,655,000 Occupancy Tax 108,000 Property Transfer Tax 60,000 Miscellaneous Other Taxes 2,400 Motor Vehicle In-Lieu Taxes 810,000 Cigarette Tax 48,600 Homeowner ' s Relief 38,000 Miscellaneous In-Lieu Taxes 431400 Investment Earnings 100,000 Total : $4,536,400 • • CITY OF ATASCADERO PROPOSITION 4 a CALCULATIONS JULY, 1989 CPI POP. PROP 4 APPROP. YEAR CHANGE CHANGE FACTOR LIMIT AMOUNT DIFFERENCE (BASE 1980-81 YEAR* 2,353,499 1981-82 9. 12 1 .89 11 . 18 2,616,620 1 ,855,528 761 ,092 1982-83 6.79 4.92 12.04 2,931 ,661 2,026,597 905,064 1983-84 2.35 2.91 5.33 3,087,919 2,076,816 1 ,011 , 103 1084-85 4.74 2.88 7.76 3,327,542 2,449,352 878, 190 1985-86 3.74 3.46 7.33 3,571 ,451 2,749,970 821 ,481 1986-87 2.30 6.27 8.71 3,882,524 3,435,787 446,737 1987-88 3.04 4.86 8.05 4, 195,067 3,744,425 450,642 1988-B9 3.93 6. 17 10.34 4,62B,837 4 ,302,703 326, 134 1989-90 4.98 2.41 7.51 4,976,463 4,536,400 440,063 * Normal base year was 1978-79. Atascadero ' s first full year of operation was 1980-81 hence this became our base year . \newprop4 ' Effective for all California Cities July 1 , 1980. RESOLUTION NO. 55-89 RESOLUTION OF THE ATASCADERO CITY COUNCIL SETTING AN APPROPRIATION LIMIT FOR THE FISCAL PERIOD JULY 1 , 1989 THROUGH JUNE 30, 1990. WHEREAS, Section 7900 of the Government Code, as added by Chapter 200 of the Statutes of 1980, Division 9, provides for the effective and efficient implementation of Article XIIIB of the California Constitution; and WHEREAS, Section 7901 and 7913 of Chapter 1205, provides that each year the governing body of each local jurisdiction shall , by resolution, establish its appropriations limit at a regularly scheduled meeting ; and WHEREAS, the base year appropriation limit for Fiscal year 1980-81 has been recalculated , as set forth in Resolution Number 47-88; and WHEREAS, any judicial action or challenge shall only be commenced within 45 days of the effective date of this resolution. NOW, THEREFORE BE IT RESOLVED, that the Atascadero City Council does hereby set the appropriations limit for the fiscal period July 1 , 1989 through June 30, 1990 as $4,976,463. Documentation used in determination of the appropriations limit is available to the public in the office of the Administrative Services Director , Administration Building , 6500 Palma Ave. , Room 208, Atascadero , CA. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: BY: ROLLIN DEXTER, MAYOR City of Atascadero ATTEST: BOYD C. SHARITZ, City Clerk • i (Resolution No. 55-89, Cont'd) APPROVED AS TO CONTENT: Mark Joseph , Administrat ve Services Director APPROVED AS TO FORM: Jeffrey G. Jorgensen, City Attorney . MEETING AGENDA _J DkT 751 ITEM _,,...,....._ • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-3 Through : Ray Windsor , City Manager Meeting Date: 7-25-89 From: Mark Joseph , Administrative Services Director SUBJECT: Adoption of the FY 89-90 City Budget RECOMMENDATION: Staff recommends that Council adopt the attached resolution, establishing Departmental appropriations for Fiscal Year 1989-90 which follows the format established in prior years. DISCUSSION/ANALYSIS: The total FY 89-90 appropriation for the General Fund is $6,443,289; the total City budget ( including Operating , Capital • and all other funds) is $12,694,530. Compared to the recommended budget , these figures are up $73, 140 and $126, 140 respectively. During the budget workshops, Council made several adjustments to the recommended budget . These adjustments are briefly outlined below: The permanent full-time position in the City Clerk ' s budget is replaced with $15,000 for a part-time Deputy City Clerk . The incumbent position is reallocated equally between Recreation and Personnel . Funding for a portion of the new part-time position is from a reduction in wages in the Recreation budget . A new full-time permanent position in Finance is included . The exact title is unresolved at this time, but the intent is to assure that the City has a professional accountant on board . Forty thousand is added to pay for the full cost of this position, but this amount is offset by a reduction of $15,000 from the Risk Management budget . The reduction reflects the savings between the estimated FY B9-90 insurance premium and the actual charge. An additional $6,720 is added to the non-departmental budget , which is the result of the final allocations for Community Groups, as established by Council on July 17, • 1989. (The total of $71 ,720 includes appropriations for the Chamber of Commerce and the Visitors Convention Bureau; these two groups will be considered separately next year . ) Attached is the approved funding levels for each community group . Two thousand dollars is added to the Clerk ' s budget to provide sufficient funds for publishing copies of Ordinances passed by Council . The original amount recommended was $4,000. The actual publishing costs average $2,500-3,000 per issue, and there are usually two issues per year . This increase was only recently identified as an additional funding need . Two new Capital Projects have been included . The first is for $35,000 to purchase the land and make site improvements for the proposed downtown parking lot . The remaining costs are expected to be assumed by the Business Improvement Association (BIA) . The second project is for $10,000 to pay for new appraisals for various lots the City may wish to purchase. Both projects are funded by the General Fund . The revenues to pay for these increases come from an increased projected carryover in the General Fund . Expenditures for FY 1988-89 were $30,000 less than estimated , and revenues were $90,000 more than expected. Notable revenue increases came from property related taxes and recreation fees. The remaining carryover or approximately $30,000, has been • budgeted in the General Contingency. attachments (2) • OUTSIDE AGENCY REQUEST FISCAL YEAR 1989-90 FYSB-89 FY88-89 FY89-90 FY89-90 AGENCY REQUEST ACTUAL REQUEST APPROVED lRequests Received by May 15, 1989 ACTION FOR ANIMAL RIGHTS S 12,000 $17,000 $12,000 $ 8,800 AAUW (ARTPARK) 750 750 750 750 AMERICAN RED CROSS 500 500 1 ,500 500 ATAS. BABE RUTH BASEBALL -0- 7,850 15,000 10,000 RTAS. CHAMBER OF COMMERCE 22,000 22,000 22,500 22,000 ATAS. COMMUNITY BAND 500 500 10,000 5,000 ATAS. LITTLE LEAGUE N/A N/A 6,000 4,600 CAL POLY ARTS N/A N/A 500 100 CARING CALLERS 250 250 175 175 CENTRAL COAST YOUTH FOOTBALL N/A N/A 7,000 -0 CHUMASH - CAMP FIRE 1 ,000 500 1 ,000 500 CRIME STOPPERS 400 400 912 912 EASTER SEAL SOCIETY N/A N/A 500 200 . EOC 1 ,662 1 ,662 1 ,383 1 ,383 FAMILY SERVICES CENTER 1 ,000 300 1 ,000 500 HOSPICE/SLO COUNTY 500 500 2,300 500 HOTLINE/SLO COUNTY 300 300 300 300 NORTH COUNTY CYCLING CLUB N/A N/A 1 ,500 500 OMBUDSMEN SERVICE/SLO CO. N/A N/A 500 200 RSVP 300 300 500 300 SLO CO. VISTORS CONY. BUREAU 3,000 3,000 3,900 3,600 SLO MOZART FESITVAL 250 250 . 250 250 SENIOR NUTRITION PROGRAM N/A N/A 750 750 2® Requests Received After May 15, 1989 NORTH CO. WOMEN' S SHELTER 8,000 6,000 8,000 7,000 SOVIETS MEET MIDDLE AMERICA N/A N/A 1 ,500 500 3. Prior Agency Requests Not Received for FY89-90 AREA AGENCY ON AGING 500 2,400 2,400 2,400 BUSINESS IMPROVEMENT ASSOC. 60,000 -0- N/A -0- CAL POLY (HWY 101 STUDY) 2.500 2.500 N/A -0- TOTALS 31150412 $66,962 102, 120 3719720 agen\agenrgst .90 RESOLUTION NO. 56-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A BUDGET FOR THE 1989-90 FISCAL YEAR AND APPROPRIATING FUNDS THEREOF BE IT RESOLVED by the Atascadero City Council as follows: SECTION 1 : Pursuant to provisions of the Government Code, a budget is hereby approved , per attachment entitled "Annual Appropriations by Fund , by Department" , and as may be amended by City Council for the City of Atascadero for Fiscal Year 1989-90. SECTION 2: The City Manager may transfer appropriations within, but not between, each of the departmental activities, as required to achieve the orderly and efficient functioning of the City. SECTION 3: The Council , from time to time, by motion, may approve additional appropriations, as they deem necessary. 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 ROLLIN DEXTER, MAYOR ATTEST: BOYD C. SHARITZ, CITY CLERK PREPARED BY: /�-�lAo� MARK JOSE ADMINI T ATIVE SERVICES DIRECTOR APPROVED AS TO CONTENT: RAY WINDSOR, CITY MANAGER APPROVED AS TO FORM: JEFFREY G. JORGENSEN, CITY ATTORNEY 0 ANNUAL APPROPRIATIONS • BY FUND BY DEPARTMENTFY cr 89-90 COuriiCi D'::P" APPROVED FUND-00i GEi�tEfiiAL FUND _ 0006 ADMIN EL 0090 Nt..?iV-',D F'' T S'iE!•!'.AL., = iO CITY COUNCIL 35765 0=0 CITY CLEW 3%55 Q30 CITY TREASURER 2669 %40 C:.':' rY fwTTOFiNf::." ,,.. .,6666 _ OWO CITY MANAGER 120786 0300 F IRE, ,?ES..:f 2_3:a5.. 1 b OWO PW/ENGINEERING i80877 :.�4�'t? PW/�•'T1=iC!�7•_i'��5a�+?l�C�r�.s�4t*!':;E: Q•a9�04 {•"W/BUILDING �"i3:�.r.Tr_.�`d.tNCk:. 7�0500- 0500 COMMUNITY DEVELOPMENT' 719828 06% P&R/RECREATION 287927_ 289450 _ 0640 !&R/ADMINISTRATION 49015 0710 PERSONNEL ADMINISTRATION T'RATIClN i102S0 072.0 FINANCE yr y 229700 .._._ 0730 DATA ;•+.! t RISK MAN AGEMENT 035000 f?J:t O CYI::.NL.!{(1!._ C'ONTIRGEWY ._.__ _. ___.. ._.. _._-.._....._.._--...-. .._._. 179481 ... _. 0820 MON-DEPARTMENTAL ACTIVITIES 23120 TOTAL FUND-001 644389 FUND-002 GAS TAX FUND 042 STREET MAs `NCG 'o TAX tipx 5 0900 CAPITAL T'AL Ii^'PROVEt'ENTS x.98465 TOTAL FUND-002 287000 FUND-004 REVENUE SHARIKld F"UND 0900 CAPITAL IMPROVEMENTS TOTAL FUND-004 FUND-007 DEVELOPMENT FEES FUND 0900 CAPITAL IMPROVEMENTS s TOTAL FUND-007 FUND-Oii STREET ASSESSMENT FUND 4x0.41 PAW./ST REE.T S ss TOTAL FUND-Oii FUND-515 ZOO ENTERPRISE FUND 0650 P&R/ZOO W5400 _....___ TOTAL FUND-015 185400 FUND-025 SPECIAL REVENUE _ IMPROVEMENTS TOTAL FUND-025 DIAL-_07RIDE .OECRATING 0450 PW/DIAL.•-•A-'•RIDE 246788 ANNUAL APPROPRIATIONS =w' BY FUND BY DEPARTMENT F-( i989-90 DESCRIPTIONAPPROVED.DEPT TOTALFUWD-200_- ' _ _ _ _ _ 246788 _ FUND-201 WASTEWATER OPERATING 04�0_P�/WASTEW��rER_rV,ERATI�K�_ _ _-____ __ _ 46542q TOTAL FUND-20i 465429 ____FUND-2-C2�_-PARKS}-CONCESSIONS�-ENTERPRISE __ __ - _-_ '-- - -- ----' -- O62i J.9000 TOTAL FUND-20.2 i9Doo FUND-250 EQUIPMENT REPLACEMENT --- O765 E0UIPMEHT REPLACEMENT FUND 213350 TOTAL FUND-250 2133:50 FUND-251 GENERAL SERVICES FUND __ O76i CENTRAL_SUpPLIES_ _ ___ _ _ __ i00O0 O762 FAX MACHINE CH�W,-;ES - - - - - — - 0763 MAIL SERVICES 9975 _ 0764 PHOTOCOFIER _9ERVICEG2330O 0766 CAS0-INE CHAR�ES - - -10000 TOTAL TOTAL FUND-251 54125 FUND 301 TREE PLANTING TRUST - -- i3Di TREE PLANTINC TRUST � 13700 _TOTAL FUND-30i 13700___ ~~ FUND-305 B.I.A. DUES ` 3O5 __ TOTAL F0�%�-���5 �7����� ' _1ECHJESTRI '7RUST'_-_____'__-___ '__ -- - - ----- ------' �307 EQUESTRIAN ARENA TRUST -- - TOTAL FUND-307 _-_ - - _ R_-_ F__-8N�_--4�_3 �� 03 - EDEMPTION ' --- —1403 - i4D3 AD 1`3 - REDEMPTION 6420 --- TOTAL FUND-403 _ ._ FUND-404 AD 01-4 - REDEMPTION _ _- REDEMPTION 161540_ TOTAL F0�D-404 161540 ' FUN .05 - REDEMPTION i405 AD �5REDE�fPTION ' -`----- ------- - - 3065e) TOTAL FUND-405 3{)656 ����� RE�E��UE BO NDS - WASTEWATER ' ---'- - --- 1450 8i REVENUE BOND - WASTEWATER i23001,') - TOTAL FUND-450 _______ _ ___ _ 123000 NERAL FUND CAPITAL - IMp NTg _ _98000 ___ _ TOTAL FUND-500 98000 0 ANNUAL APPROPRIATIONS BY FUND BY DEPARTMENT FY 1.5191 -90 COUNCIL 1 APPROVED DEPT DESCRUPTION TOITAL FUND-500 98000 FUND-550 POLICE DEVELOPMENT IMPACT FEES 41'300 'EI - IMt*'-:'R0VEivij:-7*N*'f"--" TOTAL FUND-550 41800 FUND-575 FIRE DEVELOPMENT IMPACT FEES 090"" IMPROVEMENTS 71000 TOTAL FUND--575 71000 FUND-600 PARKS DEVELOPMENT IMPACT FEES 0900 CAPITAL IMIPROVEMIENTS 41.400 TOTAL FUND-600 41400 FUND-601 ZOO CAPITAL IMPROVEMENTS 090C) GA&'ITAL IMPROVE11111INTS 50000 TOTAL FUND--601 50000 FUND-602 ATASCADERO LAKE CAPITAL 0900 CAPITAL IMPROVEMENTS ---- - - �-11 .-- -- '-I --' - -- - 400. 00 , TOTAL FIJND-602 40000 FUND-603 PALOMA CREEK PARK CAPITAL 0900 CAP31"TAL, IW-"ROVEMENTS 1.7500 TOTAL FUND-603 17500 FUND--6--0- 4 TRAFFIC WAY FIELDS CAF`I7'AL _ TAL IMP'RC)VE.MENTS 1500 .11 -3900 C-;& T TOTAL FUND-604 80500 FUND-606 PAVILION RECONSTRUCTION FUND 0900 C41PITAI.- IMF*ROVEMENTS TOTAL FUND-606 FUND-700 DRAINAGE DEV. IMPACT FEES J.75000 IMPROVEMENTS TOTAL FUND-700 175000 FUND-701 AMAPOA-TECORIDA DRAINAGE FEE G45000 TOTAL --FUND-70i 45000 FUND-710 TRAFFIC DEVELOPMENT IMPACT FEE 0900 CAPITAL IMPROVEMENTS '700000 TOTAL FUND-:716 700000 FUND l20 BRIDGES DEVELOPMENT IMPACT FEE :')90 ) CAPITAL IMPROVEMFNTS 11.50000 TOTAL FUND-720 1150000 FUND-730 ROADS DEVELOPMENT IMPACT FEE 090-0 C"Ar-:'*i:TAl.- IMPROVEMENTS 36000 . ...... TOTAL- FUND-730- -3610001-1--l" ANNUAL APPROPRIATIONS BY FUND BY DEPARTMENT Fy 1985�--90 DEr-'T DESCRII:;-T ION APPROVED -A� L-T 4 i '�EUN��"73i STREET MAINTENANCE DISTRICTS 0422 STF01'ET MAA':NTFNAN,',E' TOTAL. FUND-731 62583 FUND-732 LTF/NON—TRANSIT CAPITAL 0900 CAPTTAL. IMI'ROVEt-i'E'NI'S 435000 --TQTAL. FUND-732 435000 FUND-740 BLGS/GRNDS/EQUIP DEV. IMPACT c;,)5 TOTAL FUND--740 89050 FUND-745 COMM DEV/ENG FEES FUND 00 CAPITAL IMPI-*�OVENEN*T','--N 56000 TOTAL FUND-745 56000 —BL'D--G—. R-'E' .Al--O-V—A-T—,I,-O—N--F-UN'D-------- 05?( 0 CAPI'TAL IMPROVEMENTS 5tOOO TOTAL FUND--750 51000, FUND-790 WASTEWATER CAPITAL t196000 TOTAL FUND-790 11?6000 _,AftF_p![D78_04AD 'r4 -- CONSTRUCTION W30900 (].f-4PITAL, rmi--,-rmVEME:N'T'z-: TOTAL FUND-804 ND-805 AD 'I"r-5 — CONSTRUCTION 0900 CAPITAL IMPROVEMENTS TOTAL FUND-805 ---------- Ar--COUNTS 5.:'69 45 30 D1 VTElN�5 '� JI�ND/t • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: - Through: Ray Windsor, City Manager . Meeting Date : From: Paul M. Sensibaugh, Director of Public Works/City Engineer SUBJECT: Santa Rosa/E1 Camino Real Traffic Signal Bids RECOMMENDATION: Staff recommends that Council award the bid to the lowest responsible bidder and direct (standard staff to enter into a contract contract included in the bid specifications) with the selected contractor. (Award recommendation not available at report time; will be given verbably at the Council meeting. ) BACKGROUND: This signal is considered a high priority by the Traffic Committee, Staff, the Planning were advertised Commission and City Council . Bids for 30 days since the project exceeded $50, 000 and the bid opening was structured to allow approval without holding a special meeting, the earliest Council DISCUSSION: Since bids will not be received until July 21 the comparisons will be not ready until the day of the Council meeting. OPTIONS: (a) Award to the lowest responsible bidder. (b) Reject all bids and re-advertise. (c) Other recommendations that may be made by staff at the meeting. FISCAL IMPACT: The estimate for the traffic signal/street lighting. project is $100, 000 . Additional work for widening a short portion of E1 Camino Real and the southwest curb return of Santa Rosa will be done b force account since the work is estimated at less than $15. 000. Developers have been conditioned to contribute to this project and at this time about $78, 000 has been assured. The remainder will be conditioned to the Hendrix and Messer projects in the vicinity with any remainder coming out of the Traffic Development Fee account . *rThis account will be used to provide the up-front money for this oject . PMS/Pms 6/21/89 i ✓• REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-4 Through: Ray Windsor, City Manager Meeting Date : 7/25/89 �s From: Paul M. Sensibaugh, Director of Public Works/City Engineer SUBJECT: Bid summary for signalization project at ECR/Santa Rosa. RECOMMENDATION: Staff recommends that Council award the lowest responsible bid to Lee Wilson Electric for the amount of$74, 281 , and authorize staff to enter into a standard agreement . BACKGROUND: Bids were received at 2 : OOpm on Friday, July 21 with Lee Wilson Electric being the apparent low bidder. The four bids and the Engineer' s Estimate are summarized on a separate sheet . (See attached) (�• DISCUSSION: Lee Wilson Electric installed the ECR/San Anselmo signal (K- Mart) and the ECR/Palomar signal (Long/Food-For-Less) . Additionally, this company is presently contracted with the City to perform the annual maintenance on all of our traffic control devices . OPTIONS: (There are no apparent options . ) FISCAL IMPACT: The bid is approximately $25, 000 below the engineer' s estimate . The intersection improvements which includes widening a small portion of ECR are estimated at less than $15, 000 . Therefore, the project is well under budget . Attachment : Bid Summary to PMS/pms 7/21/89 �MEET1 AGENDA DAT > �" STEM ,,,,. M E M O R A N D U M DATE: July 10, 1989 TO: Ray Windsor City Manager FROM: Andrew J. Takata, Director Parks, Recreation and Zoo Department SUBJECT: ARCHITECT INTERVIEWS ATASCADERO LAKE PAVILION FACILITY RECOMMENDATION: Direct staff to negotiate with Recreation Systems, Incorporated for Architectural and construction plans of Atascadero Lake Pavilion building and site supervision with the Master Plan of Atascadero Lake Park not to exceed $60,000. • If negotiations are not successful , negotiate with MacCarthy, Kuentzel and Henderson for architectural/construction plans and site supervision for the Atascadero Lake Park. DISCUSSION• As you are aware Architect interviews for the Atascadero Lake Pavilion have been completed and two firms have been selected for additional consideration. The firms are Mc Carthy, Kuentzel and Henderson and Recreation Systems, Inca OPTIONS: Option 1 : MC CARTHY, KUENTZEL AND HENDERSON 934 Riverside Ave. #21 Paso Robles, Ca. 93447 ADVANTAGES: Local firm who should be very responsive to our needs. . Has a good track record in keeping projects within estimated costs. Firm appeared very conscientious in the interviews. DISADVANTAGES: Lack of municipal architectural experience. Lack of recreation facility architectural experience. Firm is very small and would need to utilize a variety outside contractors to complete the project . Employed at present are Mssrs. Mc Carthy, Kuentzel , Mr . Henderson, two Draftspersons, and Secretarial support . Any additional staffing/consultation would need to be contracted out . Firm would not utilize a Landscape Architect to determine circulation of the park . OPTION 2: RECREATION SYSTEMS, INC. 1230 North Jefferson, Suite K Anaheim, Ca. 92807 ADVANTAGES: Previous municipal architectural facility experience. Previous recreation facility architectural experience. Good track record in keeping actual costs within proposed costs. Good public relation skills. DISADVANTAGES: An out of county firm may not be as responsive as an in-county firm. However , the City of Paso Robles and the City of Morro Bay have both contracted previously with Recreation Systems, Inc . , found them to be very responsive, and recommend them highly. Staff will be able to work wither firm to produce a product that the community can be proud of. There is the possibility of negotiating a master plan for Atascadero lake Park with Recreation Systems, Inc since they will be utilizing a Landscape Architect. ------------------------------------- Andrew J. Takata Director k'.ltir stGr 7 3 ..:+a�=ice«,~. yr^St +,), srr.M�•'s+Pi =; MEET{N AGENDA L #' ��� �A � ITEM 9 n 'S .--�_ ��.�# 4� j•. � t:„ .,� i ..+.:'f S� I� f,��S }�'a¢�x�rK13 v rte. U � s►".r..!r I-{d5,:r u. nn -� RxATASCADERO''CIT,,Yt COUNtCIT, �, x x k K c ♦ . a ks rot- _ ,2EIQEALOPEN SSSS IOfV �' , "('a 'air- ` S , r f ATASCADERO ApMINISTRATIO(� BUILDING Tom, w,< .FOURTH'-J , _ :, r t'' ROTUNDA .ROOM r.. .. a w1f ) e� JUL4 21t l7QQ k. tom . fey . z xi �' �.M+W..� QST. ,ti ""Y vt y, 3 a}• wb ':`•r">- *1 '.x`t'"" Y7i' .....hw."".r7.9:r-Q•V }�i.�l?Y=cxamt ' �M .' � fir.^ - M1 ;: �`-ui"' #y:-k` X'W".• ar�#y tt�MZP" SG+S'i�t cep ` ti�l.�.=u+ '��r�y.E:� �R it "cs �': TG''j sk �S`,.S ' j r# y -r `' q *a �__.- �;fi� ty..e.A: �i9C`+.,... -X` ..kv tu .:• .�,. }' .,, .' am *- ' y 5 `a �' • 1 " ,r1 '�. INTERVIEWS EOR FIVE PLANNING COMMISSION POS ITIO�ts , . t 'i6 i' "yvc"i' da ,�. a ', �'• `5'�.�•��1..* ,ts,ta'' L _ . .,.d•; k3,R Y 4 4 00 O Timoth%r' O'Keefe 5 , 11 00 ;� eMi Idred CooeIari`° f s# s t . r:. .>' '�'."7y 9 20 •Tom Hench' ,r r,.a ' � '1 i.:24 ' , *Teri;;i F�Graham ' f Jerry Bond sl •Ge:o< ro're'v-HxEiaryhr.land' and= # J3�} 3t 10.00 *Dennis Lochridae ;"� 1: ® 22 00 !Jeff Hook � nL. � C l�o�HL rr-.t4,�,a�� e �. 10:20 :,,.,,George Carl I Y 12 20 *Mariorie KtdweTl Vj; �� -r.0 Ib... _,s?�,M1... �.�..: s'•� .ate. :; :,". .�� IIS.. _ Waage 10:40 * Kenneth W aage 12.40 •George V i rg i l a ;, ` LUNCH BREAK .1:00-2:00 P.M .r.t ..t , .,.. •. � r.', b...i. ��'k1' �i Ky`h�11 Q .i - Eric Michielssen} (tel 3:40 + •Georoe Luna . _ C^LL W our 2:20 MEd Nolan 4.x00 .µ Karen HrilIouet` t• ti -;� d i e_ - �'.:«2k: t; � i..LL � n yr� .:-.�: „r. � h `;_p... - er- c•. .,P};.8,+, t .,k, � 2:40 k OMark Beem 4:24 •Geon 3:00 ► Harry Smith 4:40 h ,!Ger a 1 d i ne' Bras e 3:20 !Jean Th i ebaud 3_ _ -�44 it a. #`Arne _ � � •�.n 3w, - f C ) Incumbent, reapplying to Commission_ a r. w. �. .. �. . - - '.. .•::-r'°�. �"': . ."� ,�-s ,r. -o...a. ...,:,r: .:r:.�:�'=C:`�s°'f*'.i��:o a."t�.i�"."'..�.nY."'a�'.�'�..�'.,�r�.e". -- r't-- .....o..• - .w.,::_.. ,.. ,.:a... :.,.nom ....< ......-.,,._, .•><.�/E3, _ .. • • �F APPLICATION FOR MEMBER OF CITY OF ATASCADERO COMMISSION OR BOARD f98 Name: 9 Address: 44r SYc.ptrr• oSZE �a sc�mE Residence Mailing Telephone No. : j4Gj •-3a5S Occupation: FPc�L.yT�CS I�lP.rw,A�� MfX+l�ltr�G Position applying for: Pi-�Nt�►nS G C�t+n<n► SStdN Give a summary of your education, experience, and/or reasons for wishing to serve on the commission or board: o5 (V1CCjjPkX4 jC j = KfaVE �E�tJ �'KP'�SEI) 'f o -r'H E W c�tz�s nr E O E o•�c t`ti tti�tn. '3 ti AY t<<c��kE D l L3 ALL -rfic• Gl-ri S CtR' SAN F-Ws GJIIt i�1 Awri Akye- Sc E1} THE zF cacS( c��t�r� , IV :TV iau n E pkcii Grr lf- F4 �O'PytEMS. 1 SE.LouG -ra T44WfcrI^%Nfi%, o"W C.I1 t�Z t6QILn I,SP, c�Ci� Ctat,S l4AVF_ A V-Ce �W►, O LIN IN c 4 Z Na�E. ESD t�tN ►ST�.fK•1 a'it AT c r7-Rv S G®�.tE 6E. A � �E�r A C,a; f�.d n W nQ1�Et' IN "t Y1 tC G\'fY �nQF 'C fl SCS V rG T!� t6$, I hereby certify that the foregoing is correct and that I am a registered voter in the City of Atascadero. oc --y Signature Date APPLICATION FOR MEMBER OF R E C E I V E :-1j, CITY OF ATASCADERO ,;UL 101989 COMMISSION OR BOARD AtASG10ER0 Cffv CLERK Name: J. Donald Hanauer (Born 6-20-19---Chicago Illinois) Address: 5555 Vida Avenue Atascadero Ca . 93422 5555 Vida Ave. Atascadero Ca. 9342 Residence Mailing Telephone No. : 805-461-1600 Occupation: Retired Business Association Executive Position applying for: Planning Commission Give a summary of your education, experience, and/or reasons for wishing to serve on the commission or board: University-Rochester University, Rochester New York. . .Economics. Business : Masonite Corporation-sales management for 11 Western 5tates . General Manager Pacific Board Fabricators of Los Angeles . . .hardboard fabricators for industry. Executive Vice President Los Angeles Area Chamber of Commerce Los Angeles California . Managed staff o - . . .organization owned own facility. .with meeting room an meal service facilities for up to 400 persons . Board of Directors of 60 men and women met weeRly and I worktd directly with them in managing the affairs of the organizations staff, Sacramento and Washington offices and some 3000+ volunteer Com em n and woomen in a var-i-e-ty--oT community oriented activities. The orga m zation had no funding from government of any kind but raised its own financing in the six figure amounts annually. . .leading to a $1,250,000u get when I took and early re- tirement in December of 1982 fullfilling a plan made at the age of 55. My wife and I made Atascadero our home shortly after that joining two sons who live in Atascadero. we own our rest ence and two other modest single family homes . One is occupied by one son and another is rented to a long time Atascadero resident I find Atascadero to be as unique a place to live as it was the first time we saw it years ago when one of our came to the county to pay footbal for Cal Poly and"never came home". . .becoming a north county resident at that time We are interested in the long term future of the residential and economic viability of the community and would like to have an opportunity to coontribute something to its well being. Madeleine is currently President and Club Champion of the Womens Club at Chalk Mtn. ' ' is correct and the matertfal_"reparl;ed:-move all I am a registered vot in the Cit of tascadero. _ 7 �ignatur Date • • APPLICATION FOR PIEMBER OF R E C E I V x � CITY OF ATASCADERO COMMISSION OR BOARD AUL 1 31989 ATASCADERO CITU CLERK Name: Robert E. Johnson Address: 8181 San Dimas Lane, Atascadero Same Residence Mailing Telephone No. : 461-1823 (H) Occupation: Civil Engineer 549-3337 (B) Position applying for: Planning Commission Member Give a summary of your education, experience., and/or reasons for wishing to serve on the commission or board: I feel every citizen should participate in the affairs of their community, and I would welcome the opportunity to serve on the Planning Commission. I consider myself well qualified to accept and carry out the responsibilities that position would demand. I graduated from San Bernardino Valley College with a degree in Civil Engineering, becoming a Registered Civil Engineer shortly thereafter. I have been working for the State of California for the past 28 years, utilizing my expertise and knowledge in various capacities with the Department of Transportation. I am presently in a supervisory position, working as a Project Engineer for CAL/TRANS. As both a homeowner and having an interest in my wife's business in the downtown area, I am concerned about the well-being of Atascadero, and offer my expertise and experience to help ensure that we remain a viable community. I hereby certify that the foregoing is correct and that I am a registered voter in the City of Atascadero. July 12, 1989 Signature Date APPLICATION FOR MEMBER OF R EC E IV E D CITY OF ATASCADERO ,;UL 1 :� 1989 COMMISSION OR BOARD ATASCADERO CITY CLERK Name: Address: 41F3o Residence Mailing Telephone No. : !J/�/_ /� /,2 Occupation: Position applying for: /14 Give a summary of your education, experience, and/or reasons for wishing to serve on the/commission or board: G.f /' �) P C r��'si /• i ., lsit.��.^�NG /i i S �, lI'r'•- � �c i•v.•i-+ic r' r? Af!(/j n� C �,5, nvlr, ra p�i0(��`i rr,/ P . Z's ISir 1/f •i. i.✓ /J/• ls'�� h'�.'t� Ll�lilr//1 �� .� �. Pr•/i.irr�.,Ps �fs.•�..,_�� �ry,Py./ /1 u/j�i (off s!/�j��.n G-s ,/�'.,</ .+� If'/� >/i/P»,.-r ii.•: 'ey�/�'Eife+ G�- /"Ci../r�i w G s' ['Cc _ � <f���'r.s /,,7 �/"I//P t C.. .�G �••�i f' GV✓G. �i.n 5, .f'/-j/!C � ri�'/, '!� .��o:/� J/T�/�•'S �"! %��l• .c ✓ 0'�r-/'G-�r� /Pry. -:./ l�•r•.�-r�.>e C•-s+/� eeJ.'l .C/ �ayr Sf f.'� 7 G,a�.`, c^r� //•< / I t=ti,�r �n /f f :y <v!.'/�, w. ` l t``.C/ SL � 1 C✓-s n a/ 'Std t, tc > �7�4r Hif'/�!�% �i��motif ( L? /s; /"i S✓�`✓/yi .,s � ✓7n/•� r:�� -fc�/S .n✓ do( P �%,iss ><�/ c%i 5 / a/!.r c ✓7 C ' iyj //i.1 17 S11-/I. c,i•� >. / �3-� <, v r / ✓�^/ , •, �i.�* �/ ('c •o m "•r t C� J >�to, ii>C, t '✓i �'�l e� /�s r r' S/>rn l �l'+ l �"� � � ✓T �/•t� r- /�� /-•G "S/��"__�,Srt• �..��) I hereby certify that the foregoing is correct and that I am a registered voter in the City of Atascadero. Signature Date s see eroerl occ cJr r°dr 07FE.+-q� I/sow'.eJ� Cfs 4HI� �JYI�.i iJI•s/, G✓o/�C.�� Lv, 1.�. ��� `�y..-�i/Mogr �c G,f �1•��,yq S /n (�'� v:ij�,�:� ✓,'�� Pr ✓:.oma- / /111 n p 4A..; / /i Er• t/sf�G RECEIVF-0 APPLICATION FOR P;EMBER OF CITY OF ATASCADERO JUL 1111989 COMMISSION OR BOARD ATASCADERD CITY CLERK Name: 14 k-S b Address: �� ,c 7 j 3 Residence Mailing L��&_300v Telephone No. : 'Z-3g-67? 4 ku•rv,,P Occupation: Position applying for: Give a summary of your education, experience, and/or reasons for wishing to serve on the commission or board: �2¢.Z JClH t Q.Q£� G :.vim Z !-(4 vGC. s I hereby certify that the foregoing is correct and that I am a registered voter in the City of Atascadero. "d, 0 - 7- ,//�,k-7- S ' nature V Date APPLICATION FOR MIEMBER OF R EC El V ED CITY OF ATASCADERO COMMISSION OR BOARD dUL ] 4 1989 ' ATAW-9*R0 CaY CLERK Name: MILDRED LOUISE COPELAN Address: 8610 PORTOLA ROAD, ATASCADERO SAMP Residence Mailing b/466-8375 Telephone No. : r/466-0975 Occupation: INSURANCE AGENT - Independent Position applying for: PLANNING COMMISSION + Give a summary of your education, experience, and/or reasons for wishing to serve on the commission or board: My reasons- for wishing to serve on the Planning Commission are numerous: 1 - I 've been a resident since 1953, seeing the town grow from a "village of 3000 to the present 23, 000 plus. My experience is based on years of practical thinking and commont' ense. 2 - My previous tenure on the Planning Commission, cut short by Ordinance 101 when I chose to run for City Council, gave me insight into the operation of City government, the needs of the community and the assurance that' I coo have the qualifications for the position. 3 - As a self-employed business person I can understand the needs and frustrations of the business community. I can offer support when apprUr ate or vote for denial when the request may be inappropriate, harmful or undesirable for the community. I have the proven capability to make unemotional, objective decisions. (over, please) I hereby certify that the foregoing is correct and that I am a registered voter in the City of Atascadero. Signature j ate 4 - As a,-.downtown business I can understand even better than before the problems of the downtown area and the vital need for planning. 5 - And having to leave the Planning Commission just when I was beginning to understand clearly the many facets of planning leaves me feeling unsatisfied. I would very much appreciate the opportunity to complete an unfinished task. • RECE � l ydn APPLICATION FOR MEMBER OF CITY OF ATASCADERO COMMISSION OR BOARD AiASCADER0 _ nn CM CLERK Name: Address: q �5 �l� C/rod�t �T•�rc._QQ�c G/�. p3'iC.Z.� Residence -Mailing r J Telephone No. : Occupation: P/�7r rsor c.T r on:T�y ��Q f Position applying for: Give a summary of your education, experience, and/or reasons for wishing to serve on the commission or board: P J J, .Cq J �� N-L �L�ts `vl k �rJ".^'c ✓cir. 01 NI.rC/J: "j L.J A '. C.� a �`' 0.I.r.�+-� ^L't.�-/�o Ju c.K G��crf K T r w-9 Cs 7 5¢r !1 .c v[ 4 [7� c.•v�s ¢- �:,.mac.. ►M-,r,.,^ i" !C`+-1 �,..i- 1 �i..�,..t s Q r v-�SQ Al .. d SA.. .�� VOL Ale I hereb certify that the f regoing is correct and that I am a registered voter in the City of Atascadero. S ' gnature Date Report to the San Luis Obispo County Board of Supervisors c t GROWTH MANAGEMENT STRATEGIES AND POLICIES FOR THE FUTURE OF SAN LUIS OBISPO COUNTY Volume i Prepared by The Growth Management Advisory Committee June, 1989 June 28, 1989 Board of Supervisors San Luis Obispo, CA Honorable Board: The "Blue Ribbon" Growth Managemept Advisory Committee is pleased to transmit to you our recommendations for growth management in San Luis Obispo County. This report concludes nearly ten months of work by the committee to fully evaluate the issues associated with growth management so that we might recommend a set of strategies for your consideration that we feel will provide an effective framework for management of the future growth and development of San Luis Obispo County. This report comes to you as a concensus recommendation from the committee membership on behalf of the organizations they represent. As such, all members of the committee who participated throughout the entire process have signed the attached signature page .indicating their support for the recommendations contained in the report. We hope you and the citizens of the county will carefully review these recommendations and that you will move forward to implement them as soon as possible. Thank you for the opportunity to have served you and the citizens of the county in this effort. Respectfully submitted, Edward J. Ward; hairpe on HazelLJones o-{ hairperson BT/sm/051H/3703H 6-23-89 GROWTH MANAGEMENT ADVISORY COMMITTEE We, the undersigned members of the San Luis Obispo County Growth Management Advisory Committee as appointed by the County Board of Supervisors, support the recommendations contained in our report to the Board entitled "GROWTH MANAGEMENT STRATEGIES AND POLICIES FOR THE FUTURE OF SAN LUIS OBISPO COUNTY" dated June 28, 1989. Davi Baker Melanie Billig Co. ' ntractors Associations Citizens' Planning Alliance chard Fergus Hazel vise,, Sierra Club League of Women Voters K t RupDon Warden air Shape Co itteee I Agricultural Liaison Board Dick Nock Michael gbwreX Cattlemen's Association Const ct on j ade Unions Barbara Sanders DaviPerei County Boards of Realtors FarmNureau Edward J. W d • San Luis Obispo County' Land Conservancy The following individuals were appointed to the Committee but did not participate in the preparation of this final report: Dave Garth - County Chambers of Commerce Dale Reddell, Rose Maree Sheetz - Mayors Committee Nancy Wood (resigned) - Central Coast Environmental Network Gary Larson (resigned, moved out of county) - County Planning Commission (no replacement selected) EXECUTIVE SUMMARY REPORT TO THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS from the GROWTH MANAGEMENT ADVISORY COMMITTEE The purpose of this report is to inform the Board of Supervisors of San Luis Obispo County of - the results of the deliberations of the Growth Management Advisory Committee, appointed by the Board of Supervisors in May, 1988. The report contains a listing of the most pressing problems faced by the County that mandated the development of these growth management proposals, goals for the future and recommendations for action by the Board of Supervisors. The submission of this report constitutes the completion of abase one of the work of the Committee. Phase two shall Anclude when the Board of Supervisors of San Luis Obispo County takes formal action on Committee recommendations. Until that time, the Committee shall remain in session to assist the Board in evaluating our report and proposals. PROBLEM ASSESSMENT A. Both existing and future infrastructure are inadequate to meet needs. 1. Many sewer systems are -at or near capacity or are in need of repair or replacement. 2. In many areas of the County, the supply of water for current and future needs is insufficient. Water quality is also at risk. 3. Inadequate roadways and traffic control systems have resulted in unacceptable levels of traffic congestion. B. Our air quality is in jeopardy, and in some areas has reached or exceeded state and federal standards. C. There is a serious shortage of affordable housing. D. There is a shortage of services necessary for a growing population such as health, safety, fire and police protection, and child care. E. Our residents are unable to live near their places of employment because of a growing jobs/housing imbalance. - 1 - 0 F. Lack of adequate government planning has resulted in crisis management, which is often costly and inefficient. G. The future viability of our production agricultural land is in jeopardy. CONSENSUS GOALS FOR THE FUTURE OF SAN LUIS OBISPO COUNTY 1. The unique scenic beauty, rural character, healthful quality of life, open space and varied life styles should be preserved. 2. We should live in harmony with our environment, maximizing the use of recycling and renewable energy strategies to optimize retention of our resources. 3. There should always be an adequate supply of affordable housing. 4. We wish to maintain our high standards of excellence in the County's schools, recreation and cultural facilities, and government. f 5. New growth should pay its share of the costs of growth, but V2wth should be resource limited, noot reso_ urs riven. GROWTH MANAGEMENT ADVISORY COMMITTEE RECOMMENDATIONS After many months of exploration and deliberation, the Growth Management Advisory Committee has developed a set of proposals for implementation by the San Luis Obispo County Board of Supervisors. These proposals are kdesigned to help achieve the consensus goals and objectives as developed y the members of the Committee. The recommendations of the Growth Management Advisory Committee constitute a carefully balanced package of approaches' for implementing a growth management strategy in San Luis Obispo County. In reaching a consensus, it was necessary to fashion a set of recommendations that addresses the concerns and needs of the individual interest groups represented on the gCommittee. To select one recommendation to the exclusion of others would violate the integrity of that consensus. OBJECTIVES O1. Resources, infrastructure and services should be synchronized with new development. �2 There should be a cap on growth to ensure an environmentally sound, economically diverse and sustainable future for ourselves and our children. 3� There should be coordination among jurisdictions to ensure that impacts resulting from growth are mitigated proportionately and fairly. - 2 - b} The growth pattern for the 21st century should be directed with the intent of maintaining a jobs/housing balance and preservation of rural character. (�. There should be a growth management policy established that avoids the excesses of land speculation while both ensuring equity to landowners and meeting the interests of all our citizens. RECOMMENDATIONS 1. The Board of Supervisors should undertake the steps necessary for form ./ a County Regional Growth Management Authority. Its task would be to � coordinate a regional a ro h to planning between and among juri�ions an resolve conflicts between jurisdictions in the event of disputes over land use policies and 4 their cross-jurisdictional impacts. As the first step, the Board should appoint and fund an Interim Advisory Committee to develop a charter for the Authority and begin the task of developing a consensus among jurisdictions in the County in designing and empowering that Authority. Membership on the Interim / Advisory Committee should include representatives of the cities and reflect the diversity of community interest represented on the current Growth Management Advisory Committee. 2. The Resource Management System (RMS) of the County GeneralPlan should be revised and strengthened to require that necessary, mandatory, remedial actions be •taken at each phase in the process. These steps. would include conservation measures, administrative actions on� additional infrastructure construction, and reducing the rate of growth in the affected. area depending on the level of severity attained. 3. The Board of Supervisors should adopt an interim ordinance that sets a maximum annual number of building permits for new residential units in the unincorporated area of the County sufficient to accommodate an annual household population increase of not more than 2.5% for fiscal year 1989-90. Fofollowing years the 2 5% shall be considered a population cap and the_ annual ornwrh rata shall be established in a public hearing co cted by the Board of Su-ervisors. 4. The Board should adopt an interim ordinance imposing a temporary moratorium on issuing building permits on lots in antiquated (substandard) subdivisions and on further approval of subdivision and parcel maps in rural area outside urban and village reserve lines pending a study and analysis of growth patterns in the County. The outcome -of the study will be a settlement pattern strategy for determining where growth will occur and accompanying policies and incentives for implementing that strategy. The Board should adopt an Agriculture and Open Space Element of the County General Plan distinguishing between production agricultural lands, and other open space and rural lands. The Plan implementation would be integrated into the settlement pattern strategy described above. - 3 - 5. The Board of Supervisors should establish mechanisms for addressing affordable housing needs and the jobs/housing imbalance including establIshment of a countywide housing authority. These mechanisms should be coordinated wi h the activities of the proposed County Regional Growth Management Authority and appropriate county agencies designated to implement the growth management strategies. 6. AWithin two years, the Board of Supervisors should adopt an Infrastructure Element of the County General Plan for each community under the County's jurisdiction and identify appropriate funding mechanisms to implement this element. 7. The Board of Supervisors should appoint an economic development commission to assess how we can improve the qu..lity and variety of jobs available to our residents. The Board of Supervisors should adopt a policy of encouraging use of local labor force for future residential and commercial development projects in order to provide job opportunities to County residents that will keep salaries and generated tax dollars in San Luis Obispo County. BT/sm/051H/3729H 7-13-89 - 4 - TABLE OF CONTENTS VOLUME I Page Number Preface: A New Reality iii Introduction 1 Results of Committee Deliberation 3 Findings 3 Vision of the County in the Future 6 Recommendations to the Board of Supervisors 7 I: Establishment of a Regional Planning Agency 8 II: Strengthening of the Resource Management System 13 III: Adoption of an Annual Growth Rate 21 IV: Development of a Long—Range Settlement Pattern Strategy 25 V: Addressing the Jobs/Housing Imbalance and Affordable Housing Needs 31 VI: Improving Infrastructure Planning 34 VII: Promoting Economic Diversity and Job Stability 35 Conclusions 36 Acknowledgements 37 FIGURES Figure 1: Existing Resource Management System Process 16 2: Proposed Resource Management System Process 17 3: San Luis Obispo County Population Statistics 22 4: Coastal Zone and Planning Areas 24 i VOLUME II - APPENDICES Appendix A: Background Material on Growth Management Approach and Implementation Appendix B: Background Material on Growth Changes in Nonmetropolitan Regions, San Luis Obispo County Changes, and Economic Development Approaches for Rural Areas Appendix C: Background Material on Transfer of Development Rights and Affordable Housing. Appendix D: Background Material on State Legislature Growth Management Bills, and Regionalism ii • • PREFACE A NEW REALITY A new growth reality is emerging in San Luis Obispo County. It has to do with larger economic and social changes that are affecting population and economic growth patterns. Many businesses are so called "footloose ," meaning they can locate in a variety of different places. Individuals and families also have more choices and they can and do "vote with their feet". This trend is referred to as reverse migration, people and businesses leaving metropolitan areas and moving to non-metropolitan areas. This phenomenon is occurring in a number of rural regions across the country. Unlike past migration patterns, this one is motivated not so��� much by economic opportunity as by quality-of-life choices. While not of the magnitude of previous urban and suburban migrations, reverse migration represents a very substantial force for those rural regions experiencing it. This migration is land consumptive andi,11 decentralized, thus greatly changing the physical characteristics of communities. Moreover, this trend is expected to continue well into the 21st century. Until recently, growth rates were moderate in rural areas. Mechanisms for handling growth were adequate. Then high inflation, coupled with unprecedented demand, fueled speculation and an expanded development response. Now, even though inflation has been tempered, growth rates have remained high. Government and communities have not been able to keep pace with these demands. San Luis Obispo County is a very desirable place to live and it will continue to attract new. settlers. However, growth has brought impacts on our resources and services. Rural areas are being valued in ways that are different from traditional agricultural production. It is readily apparent that an unlimited in-migration might undermine the quality of the very amenities that people are seeking by relocating. On the other hand, there are positive economic and social opportunities inherent in the new reality that could improve choices for -people in terms of livelihood, living environments and self-expression. A balancing of costs and benefits is necessary. The challenge is to minimize the negative consequences of growth while accommodating the new reality in ways that respect our land and resource base, protect the character of our towns and enhance the quality-of-life for all residents. The "bottom line" choice is either we define the terms by which our new reality evolves or it will be done for us. Our Committee feels this requires a proactive approach, including new government mechanisms, a vision of what we want our county to be like and a willingness to share the responsibility of making the hard decisions. While we are big enough to be experiencing growth problems, we are small enough to resolve them and over time to positively direct change. But we are going to have to get smarter in terms of what is needed to manage change, agreeing upon how we can approach growth and its management. iii MTRODUCTION The San Luis Obispo County Growth Management Advisory Committee was created by the Board of Supervisors in 1988 in response to public concerns regarding County land use policies. The magnitude of population increases and related impacts which have occurred in the County in recent years had raised serious questions as to whether current County practices were adequate to deal with growth related problems. The Committee's charge was to review existing programs and decision-making mechanisms and to recommend policy changes or other appropriate actions to the Board which would enable the County to deal more effectively with the impacts of future growth. Committee members represent a broad spectrum of organizations and interest groups throughout the County: Discussions at initial meetings were extremely heated as members debated what prescriptions would cure growth-induced problems. Cooperation among these groups was seen as close to impossible because of historical disagreements on other public policy issues. However, after a few unproductive working sessions, members began to realize that they were in agreement on the nature of the problems confronting San Luis Obispo County and concurred that the timing was ripe for addressing these issues before the problems became irreversible and unmanageable. This recognition that there was, an agreement. on goals for the future was the turning point in the- Committee's deliberations. The challenge facing the Committee became to develop proposals for managing growth that would win the concurrence of all the interest groups appointed by the Board. The Committee has met bi-monthly since -September, 1988, and has discussed a wide range of issues and -growth management strategies. Four subcommittees were formed to develop detailed proposals regarding countywide inter-governmental cooperation, the County's Resource Management System, housing and economic development, and agricultural lands and settlement patterns. The Committee as a whole then reviewed the subcommittees' work. Staff from the county Department of Planning and Building provided technical assistance and support throughout the process. This document is' the Committee's formal report to the Board of Supervisors. The -report is divided into two sections: Volume I, the results of the Committee's collective deliberations on various aspects of growth management; and Volume II, appendices and supporting documents. Volume II includes a series of findings, which summarize various aspects of the impacts of poorly managed growth and related problems facing the County at present and in the future; a description of the Committee's vision or goals for the future; and finally, the Committee's recommendations to the San Luis Obispo County Board of Supervisors. Volume II contains many of the documents that were reviewed by the Committee, including data on growth in the County, legislation from other counties and states, journal articles on technical issues and supporting work documents prepared by or for the Committee. _ 1 _ It is the consensus view of the Committee that implementation of the recommended policies and actions would solve many of the growth-related problems now facing the people of San Luis Obispo County and would provide a framework for effective growth management in the future. - 2 - RESULTS OF COMMITTEE DELIBERATIONS FINDINGS Resource Degradation and Service Deficiencies Almost 50 per cent of the current and future growth-induced problems identified by the Committee pertained to concerns about the quality and availability of resources and community services. San Luis Obispo County is experiencing an accelerated population growth rate with concomitant land development that has resulted in significant adverse impacts on County resources and services in many communities. Our planning and spending has not kept pace with the numbers and direction of this growth. The quality and quantity of our resources and services are at risk. Many• sewer systems are at or near capacity and need to be repaired, replaced or extended beyond their current capacity. Many of our water systems are in a similar state of disrepair and are insufficient to meet either current or future needs. Air pollution in some areas of the County has reached or even exceeded state and federal air quality standards. Inadequate roadways and traffic control systems and public transit have resulted in traffic congestion which has generated grave concerns about the adequacy of our existing and future infrastructure. Moreover, there are shortages of those public services that are necessary to accommodate a growing population, including health care facilities, child care programs, fire and police protection, and the handling and disposal of wastes. Collectively, these impacts have contributed to what many citizens consider to be a serious diminution of what is referred to as the "quality of life". Jobs/ Housing Imbalance The rise in the cost of housing was seen by the Committee as a major problem affecting families of low and moderate incomes. The affordable housing that does exist tends to be located in areas of the county that are a considerable distance away from our major sources of employment. The resulting jobs/housing imbalance aggravates the resource and service problems previously described. Moreover, an increasing number of children and grandchildren of long-time County residents are unable to find housing within their budget and are considering moving elsewhere to start their families. The Committee understands that the housing issue is impacted by conditions and developments in other regions of the state and nation. However, members believe that a comprehensive program to manage future growth must include effective responses to the cost and location of affordable housing. - 3 - i • Loss of ?agricultural Land and Open Space San Luis Obispo County is justifiably proud of its agricultural industry and its traditions. Protection of a "rural lifestyle" is a common goal of our citizenry. However, the County has yet to adopt an agricultural element to its General Plan. In the meantime, critical agricultural lands are either being encroached upon by urban uses or converted into large housing developments without adequate consideration either for the appropriate use of the land or for the settlement pattern that emerges. This growing "urban sprawl" and the loss of valuable open space' is one of the most critical issues facing our County. In addition, staff presentations to the Committee revealed that the increase in the development of "antiquated" (substandard) subdivisions has affected the County's ability to direct growth according to the provisions of the General Plan, provide necessary resources and services and has resulted in the proliferation of "ranchettes". This development has interrupted the rural landscape and open space patterns that are considered the most desirable features of the physical environment in the County. At the same time, Committee members are concerned about providing equitable solutions to owners of agricultural lands. The current policies which foster speculation and provide large windfall profits need to be replaced with strategies that provide incentives and compensation for owners in the context of what the community feels is the accepted settlement pattern for future growth in the County. . The Committee believes that the lack of an accepted public policy which distinguishes between production agricultural lands and other rural land categories with plans for their future administration is a problem which should be remedied as part of an overall growth management strategy. Lack of Coordination Among Jurisdictions At the onset, Committee members agreed that County government, acting alone, could not solve all the County's problems related to growth. The seven incorporated cities in the County, independent districts and existing regional agencies (such as the Air Pollution Control District, (APCD), the Regional Water Quality Control Board, and the San Luis Obispo Area Coordinating Council), also play a major role in shaping the future of the region. The Committee's review of decisions concerning proposed new major commercial and residential developments, as well as actions taken with respect to the repair and expansion of water and sewage facilities, revealed a lack of coordination and communication among governmental agencies . Planning decisions that provide a desired or necessary tax base improvement for one jurisdiction have often resulted in increased traffic congestion and aesthetic impacts on neighboring jurisdictions. Nor is there an uniformly accepted and functioning approach for identifying problems among agencies with overlapping jurisdictions. - 4 - In the view of. the Committee, the lack of coordination between the governmental entities on critical decisions affecting resources and infrastructure is a major obstacle to the effective management of population growth. Need for Greater Economic Diversity and Job Stability The Committee also found that the County lacks a coordinated effort to evaluate the effects of rapid growth on the local economy and must consider how to foster economic development that is compatible with the area's human and natural resources. A recent analysis of economic trends in California rnia demonstrated that San Luis Obispo County was expected .to / continue to expand its tourist based economy with less emphasis on new commercial and industrial jobs. Serious concerns emerged about the. need be created b tourist . balance the lower paying . obs that are likely to y to bal y g j P based industries with jobs in other sectors and economic pay scales. An examination of recent job trends also indicates that the rapid growth that has taken place in the County has generated jobs and capital for non-resident companies and workers at the expense of local enterprise. We have imported the problems of escalated growth and exported the profits. Growth management polices need to address these trends with an emphasis on ensuring a stable job market for County residents. Finally, the Committee found that poor growth management has resulted in serious instabilities in the construction and real estate industries. In the absence of adequate long range planning, the building industry is A comprehensive hensive rowth- subject to boom and bust cyclical fluctuations. p g management strategy needs to address this problem, both in its initial stages and in its long-term implementation. Reactive Rather than Proactive Land Use Policies There were many examples of "crisis management" by government agencies that were cited by Committee members in support of a more rational system of land use planning in San Luis Obispo County. Drastic steps were required to correct deficiencies after major developments were in place or after resource allocations had already been made. The residential and commercial development along Oak Park Boulevard that exceeded the capacity of the existing road infrastructure, the moratorium on growth imposed by the State Water Quality Control Board in Los Osos in response to an overloaded septic tank system, the 2000-plus waiting list in Templeton .for water hookups, and a waiting list that goes out to 1997 in Cambria for water are but a few of the glaring examples of reactive rather than proactive policies by communities in the County. The mere fact that growth moratoriums have been imposed in several of our cities is an indication that too much was allowed to occur before government officials or citizens acted. A growth management system needs to be adopted that provides resources and infrastructure in place to accommodate growth.The system should also modulate the allocation of resources to avoid rapid consumption and quality deterioration. - 5 - VISION OF THE COUNTY IN THE FUTURE The concept of a vision for the future of San Luis Obispo County originated at a very early meeting of the Committee. As discussions proceeded, it became obvious that the vision represented different things to different members. What hopes for the future do members of the Growth Management Advisory Committee and the community they represent embrace? For many members, the vision of -the future San Luis Obispo County is represented in intangible ideals: - harmony among all communities - preserving a healthful quality of life - varied life styles - rural character - guaranteeing the same advantages to posterity For some, the future is best expressed in terms of physical features in the landscape or tangible dimensions of their lifestyle: - preservation of critical landscapes - open space, parks - buffers to development - free-flowing traffic - housing styles that fit the environment - compactness of urban development For others, the vision of the future can be described as the various qualities of good government and responsible decision-making; no more "cart before the horse" government actions: - regional cooperation in planning for growth - joint data gathering, sharing and utilization - matching growth with necessary resources and services respecting the General Plan - requiring that new growth pay its share of the costs of growth - balancing jobs with housing The sum total of these individual perspectives constitutes the Committee's Vision -for the Future. Adoption of this package of recommendation is the first step towards achievement of the Vision. - 6 - RECOMMENDATIONS TO THE BOARD OF SUPERVISORS The Committee recommends that the Board of Supervisors adopt the following policies and actions. The Committee believes that the implementation of these recommendations is critical if we are to promote effective growth management throughout the County. THE COMMITTEE WISHES TO EMPHASIZE THAT THESE RECOMMENDATIONS ARE A PACKAGE OF ACTIONS, EACH OF 'WHICH CANNOT BY ITSELF SOLVE THE PROBLEMS THAT HAVE BEEN IDENTIFIED BY THE COMMITTEE DURING ITS DELIBERATIONS. There is no single, magical solution that can cure the problems that have already resulted from poorly managed growth, nor prevent problems that will emerge if accelerated population growth is allowed to go' unchecked . Each recommendation is a building block in an overall, comprehensive growth management strategy that can be effectively implemented within a reasonable timeframe. THE CORNERSTONE OF THIS OVERALL STRATEGY IS A COUNTY-WIDE REGIONAL APPROACH TO GROWTH MANAGEMENT. EACH SUCCEEDING RECOMMENDATION PROPOSED BY THE COMMITTEE DEPENDS UPON THE IMPLEMENTATION OF GROWTH MANAGEMENT POLICIES AT THE REGIONAL LEVEL. Committee members believe that if we act quickly, appropriately, and with resolve, the residents of our County can correct existing deficiencies and . prevent the problems of unbridled growth that our neighbors in the state and around the nation have experienced. The recommendations of the Committee are not Draconian as are those that we are witnessing in the Los Angeles basin. The time is ripe for action and change without seriously impacting any of the key interests that constitute our county's population. It is also important to stress that a consensus agreement on this -package of recommendations was achieved because key portions of individual recommendations were constructed to meet the particular concerns and needs of the individual community interests represented on the Committee. The Committee has formulated seven sets of .recommendations. Each of these has been organized into a separate component of this report. When appropriate, supporting documents, data or references are provided in Part B, Appendices. - 7 - RECOMMENDATION I: ESTABLISHMENT OF A REGIONAL PLANNING AGENCY The Board of Supervisors should appoint and fund an Interim Advisory Committee comprised of representatives of each of the cities in San Luis Obispo County, County government representatives and representatives of the diverse interest groups such as were selected to serve on the Growth Management Advisory Committee, to formulate an approach for establishing a permanent Regional Growth Management Authority. This Interim Committee will be charged with preparing a charter for a permanent agency whose goal will be to coordinate planning efforts among jurisdictions throughout the County and resolve conflicts should they arise. RATIONALE FOR A REGIONAL GROWTH MANAGEMENT AUTHORITY a. Decisions made in one area or municipality of the county concerning growth, infrastructure, resource management and environmental policy affect other areas of the County and other cities. The ongoing competition for revenue base results in one area growing or containing growth at another's expense. Revenues are generated for local benefit; impacts are exported. There currently are no existing mechanisms to enable jurisdictions to cooperatively manage their growth and development even if they chose to do so. Consequently, short-sighted parochial interests prevail at the expense of the mutual benefits of a larger view. -b. Special districts generally operate as independent quasi-governments, making land use and growth decisions without a larger resource and settlement pattern perspective and strategy. C. Countywide institutional mechanisms for communication and coordination among agencies with broader authority, e.g. Local Agency Formation Commission (LAFCo), San Luis Obispo Area Coordinating Council (COG), Air Pollution Control District (APCD), Regional Water Quality Control Board (RWQCB), are either non-existent or inadequate to handle growth management issues at a regional level. Furthermore, there is no vehicle for integrating policy when decision-making in one resource or planning arena overlaps another. d. There is a growing affordable housing problem as well as a jobs/housing imbalance which can only be addressed regionally. e. The public perceives that local government's response to undesirable growth rates and impacts is generally ineffective. Hence, they are unwilling to fund additional infrastructure improvements or to solve other problems without reasonable assurances that these solutions are sustainable and meaningful. f. The public views its "neighborhood" as extending beyond their city or planning area boundary and feels helpless to stop the decline in available resources, urban sprawl and shrinking open space landscape. - 8 - GOALS FOR A REGIONAL AUTHORITY Regional cooperation is necessary to plan wisely for future growth, with comprehensive planping guidelines that coordinate the efforts of local governments at all levels. It is not enough for each jurisdiction to manage its own growth well. In the view of the Growth Management Advisory Committee, all local entities should have integrated plans which complement each other in order to achieve publicly accepted goals. Mutually agreed upon procedures are necessary to effectively manage the region's collective growth. A regional body or authority is needed to assist in the development of a regional plan, to monitor compliance and to referee disagreements among the participants. Such an authority would also cooperate with other entities in the coordination of regional housing, transportation and economic development. Initially, the authority would rely upon cooperative agreements with existing governmental entities. As it gains experience and establishes a successful track record, the -authority would assume responsibility for planning and decision-making that is more appropriately conducted by a single agency. It is not the intent of proponents of a regional authority to usurp local power, rather it is their goal to deal directly and pro-actively to enhance benefits to all jurisdictions. Regional cooperation would entail providing incentives for participation. For example, a jurisdiction that accepted additional residential growth could expect to receive- a greater share of regional funds for infrastructure or services. Joint preparation of environmental -documents would avoid duplicationand provide a cost savings for all participants. It is hoped that a regional approach will enable citizens of the county to fashion a vision of the future for growth and adopt policies and make decisions in accordance with that vision (see Recommendation IV). Our goal is to preserve individual community character and promote a diversity of lifestyles available to county residents, while minimizing land use decisions that negatively impact neighboring communities.' A regional approach can provide each jurisdiction with more options for meeting the diverse needs of its residents and might solve problems that now seem futile to address. RECOMMENDED APPROACH The Growth Management Advisory Committee recommends that the Board of Supervisors appoint an Interim Advisory Committee with the task of formulating an approach for the establishment of a permanent Regional Growth Management Authority. Below is an outline of a proposed structure and duties of both the Interim Advisory Committee and projected permanent organization. - 9 - Interim Advisory Committee Membership: 7 representatives from the cities 2 representatives from the County 6 citizens from countywide interest groups 15 total membership Each city should set its own criteria for selection of its representatives from among elected officials or the general public, as should the Board of Supervisors. In identifying a countywide interest group, it is preferable for the Board to permit each organization to name its own representative as opposed to the Board naming a given individual. Tasks: By March 31, 1990, the members of the Interim Advisory Committee shall: 1. Develop a mission statement for a Regional Growth Management Authority. 2. Prepare a charter for the organization including membership, powers and responsibilities. 3. Draft an agreement for establishment of a Joint Powers Agreement (JPA) among the participating jurisdictions. 4. Develop recommendations for funding mechanisms to support the work of the permanent organization. 5. Engage the community in a discussion of goals for growth management in San Luis Obispo County as preparation for development of a countywide regional growth management plan. 6. Support state legislation that provides the authority and mechanism for establishing a regional growth management authority or enlist the support of local legislators in preparing appropriate legislation. Funding: County government should take the lead in providing funding for the deliberations of the Interim Advisory Committee including staffing, consultants and research costs. The County might also seek funding from foundations to support the this prototype regional approach for a non-metropolitan region. In addition, participating jurisdictions may be asked to make proportionate contributions once the effort is underway. Staffing and technical assistance: - existing staff from the County and cities - consultants on specific topics - an independent executive level manager 10 - The Interim Advisory Committee may convene a "think tank" of experts to assist in its discussions on topics which might include: legal issues pertaining to a Joint Powers Agreement and roles and responsibilities of regional bodies with land use authority in other jurisdictions across the country; growth management approaches funding for regional organizations; regional projects. Committee members would be briefed on the results of studies undertaken by the County that are relevant to this work, including the studies undertaken -to develop a long-range settlement pattern; establish a Resource Management System data base; design jobs/housing balance strategies; and generate an Infrastructure Element for the county General Plan (see recommendation VI). County Regional Growth Management Authority (Permanent Agency) Below is an outline of suggested responsibilities and authority for a permanent County Regional Growth Management Authority which would operate under a Joint Powers Agreement. It will of course be the role of the Interim Advisory Committee to develop the details. Some of the responsibilities might • be implemented immediately upon adoption of a Joint Power Agreement, while others would be phased in after completion of necessary studies or after ordinances and enabling legislation is in place. Responsibilities and powers: a. To develop a countywide regional growth management plan that allows each jurisdiction to pursue its own growth objectives and retain the community character that its residents desire while minimizing impacts on neighboring jurisdictions. b. To develop growth limitation agreements among all local government jurisdictions and to enforce these agreements. C. To adopt a regional resource management system similar to that recommended for the County. The Authority would begin to integrate existing local data systems with the ultimate goal of developing a single regional data analysis system. d. To coordinate planning of major capital improvements (for transportation, waste, water etc.) that is consistent with the resource base and in accordance with a regional growth plan. e. To- develop a strategy with all participating cities and then serve as the implementation authority for the regional settlement pattern policies and goals, including: facilitating agreements between county and cities as to the location of development projects with countywide or sub-county significance; - 11 - administering growth management mechanisms that emerge from the settlement pattern studies (Transfer of Development Credits (TDC), cluster development, market incentives) for unincorporated areas and cities where agreements have been negotiated; developing joint partnerships with the private sector to carry out land development projects for implementing the settlement pattern strategy, f. To set goals for the provision of an adequate supply of affordable housing in each jurisdiction by coordinating the planning and funding of new affordable housing units with the Regional Housing Authority (see Recommendation V); and formulating strategies with public and private sector agencies to bring availability of jobs and housing into better balance throughout the region. g. To . cooperate with private and public agencies to promote economic development that is compatible with local human and natural resources and which maximizes" economic benefits for area residents and businesses. h. To resolve conflicts between jurisdictions over competing land use and resource management decisions. i. To establish a permanent public forum to obtain input on its goals and policies. Possible Funding Options: 1. Jurisdictions would adopt a fee on all property title recordings; this would directly tie development/growth with funding for' the County Regional Growth Management Authority. 2. Funds from member jurisdictions. 3. Other development fees. 4. Grants from private foundations or state and federal sources to promote this unique effort. 5. One-half per cent sales tax to be applied to fund the programs administered by the Authority, e.g. infrastructure, mitigation,. ,housing. - 12 - 0 RECOMMENDATION II: STRENGTHENING THE RESOURCE MANAGEMENT SYSTEM (RMS) By December, 1989, the Board of Supervisors should amend Framework for Planning, Part I of the Land Use Element of the county general plan, to require that the Resource Management System (RMS) . include mandatory actions to be taken at each identified Level of Severity (LOS). The Board should also authorize the collection of the necessary data to sustain the operation of the RMS as newly envisioned. RATIONALE FOR STRENGTHENING THE RESOURCE MANAGEMENT SYSTEM (RMS) a. The current data base upon which the RMS system depends is inadequate for making informed decisions. Communication both among county departments and agencies and among outside agencies and service districts is informal and voluntary. Without good data, RMS will remain conceptual rather than functional. b. The current resource deficiency criteria that determine a given Level of Severity are vague, resulting in many opportunities for subjective interpretation and therefore inaction. C. The current RMS provides for optional action by the Board of Supervisors at each LOS. Without definitive actions being required at each stage, RMS remains nothing more than an information processing network. Potential crises are not adequately addressed or averted. d. There have been many instances of crisis resource management in San Luis Obispo County in recent years. Government authorities have waited to take action to address a resource deficiency until the only response is to impose a moratorium. or initiate other drastic measures. The cost of taking action after a crisis is reached far exceeds the cost of taking remedial action along the way. e. There needs to be a process in place that clearly identifies a potential resource problem, establishes thresholds that cannot be exceeded, defines actions that can be taken at various points in time to avoid further deterioration and provides for the necessary resources or services. This process should serve as the cornerstone for implementing a rational growth plan. GOALS FOR STRENGTHENING THE RMS The Committee believes that a process can be created that synchronizes resources and infrastructure with new development. Funding for the provision of resources should be assured to meet growth needs, not in response to growth that has already occurred and must be accommodated and mitigated. - 13 - l GROWTH IN SAN LUIS OBISPO COUNTY SHOULD BE RESOURCE LIMITED, NOT RESOURCE DRIVEN. OUR GOAL IS TO ENSURE THAT THE NECESSARY RESOURCES AND SERVICES ARE IN PLACE TO ACCOMMODATE THE AMOUNT OF GROWTH THAT HAS BEEN PLANNED. HOWEVER, BECAUSE RESOURCES ARE AVAILABLE DOES NOT MEAN THAT WE SHOULD GROW TO THE LIMITS OF OUR RESOURCES. We hope to avoid future resources crises by instituting a proactive process for resource management. This would involve taking appropriate actions, including conservation and slower phasing of growth over time based upon adequate information as to the status of available, water, sewage capacity, road capacity, air quality and schools. In the future, we would hope that additional resources (such as waste disposal facilities, parks, cultural facilities, and aesthetics) would be added to the RMS evaluation process. RECOMMENDED APPROACH Below are proposed changes to the operation of the current Resource Management System (RMS). This approach suggests that changes to the operation of the RMS will occur in two phases. In Phase 1, the County will amend its own operation and attempt to cooperatively involve non—county agencies as much as possible. During Phase 2, the operation of the RMS system will be expanded to include formal participation of other jurisdictions. This assumes that the County Regional Growth Management Authority will be operational. In summary, key changes would include: 1. Creation of a Resource Management System Task Force with tasks and responsibilities similar to the Subdivision Review Board. Comprised of technical staff, the Task Force will evaluate resource data and develop recommendations on Levels of Severity and resulting actions to the Board of Supervisors, and Boards of Directors of Community Service Districts. Initially, the Board of Supervisors would mandate participation of affected County departments. After the County Regional Growth Management Authority is established, or earlier if feasible, the functioning of the RMS should be expanded to include other jurisdictions. 2. Consolidating the two—step Level of Service (LOS) process of Advisory Memo and Resource Capacity Study into one. Because the task force will be comprised of technical staff, a verified LOS will have completed the first two steps of the Resource Capacity Study, namely capacity determination and when the next LOS can be expected. Further, because the actors involved will have a stake in the outcome of the RMS process, they will likely have identified what steps they can take to slow down the rate of resource depletion. - 14 - i • 3. LOS criteria would be modified as described in this section and a series of mandatory actions that the Board must take are proposed. Moreover, it is critical that once LOS II and III occurs, the Board should adopt immediate interim measures to avoid repetition of the Cayucos syndrome,-where talk of resource problems cause prospective builders to rush in for their permits before the moratorium was enacted. 4. Revise the existing RMS process shown in Figure 1 to that shown in Figure 2. DATA COLLECTION The Board should mandate county department participation,through an ordinance, and sign Memoranda of Agreement with outside agencies, to generate the required data to make RMS work through formation of the Resource Management System Task Force. Issues associated with the Task Force include: - standard reporting format - timing of capacity report - dispute arbitration - incentives for compliance - penalties for noncompliance, i.e. , carrots and sticks - funding commitment from the Board Phase 1 membership of the RMS Task Force would include: - County Administration - Planning and Building - Engineering - Environmental Health - Environmental Coordinator - Air Pollution Control District Phase 2 would add to the above group: - All seven cities - Community Service Districts - Regional Water Quality Control Board - Coastal Commission - Caltrans The Task Force shall meet periodically to provide, review, and evaluate resource capacity information. The scheduling of these deliberations should be coordinated with the budget process of the County and other agencies to ensure that any necessary actions can be taken in a timely fashion. The committee shall draft recommendations on Levels of Severity and needed actions for periodic report to the Board of Supervisors. Additionally, the Task Force shall develop an annual Resource Review Report for Board action or for the action of the County Regional Growth Management Authority when it is formed. The report should include: - 15 - • • Figure 1 EXISTING RESOURCE MANAGEMENT SYSTEM PROCESS PLANNING DEPARTMENT RESEARCH: * RMS monitoring LEVEL OF SEVERITY * LUE update THRESHOLD REACHED - ADVISORY MEMO * Prepared by Planning Department RESOURCE CAPACITY STUDY BOARD OF SUPERVISORS * Prepared by Planning * Evaluate data Department * Determine Level of Severity * Initiate resource capacity study PLANNING COMMISSION BOARD OF SUPERVISORS Public hearing Public hearing - Possible actions: * Review resource study * Determine Level of Severity * Recommend action * Initiate programs to avoid or relieve a resource problem * Consider status reports * Initiate ordinances to, manage growth within resource capacity 16 - Figure 2 PROPOSED RESOURCE MANAGEMENT SYSTEM PROCESS PLANNING DEPARTMENT * RMS data collection * Staff to resource management task force RESOURCE MANAGEMENT PLANNING DEPARTMENT TASK FORCE Transmit annual resource * Evaluate data review report and staff * Recommend Levels of Severity report and actions * Develop annual resource review report BOARD OF SUPERVISORS * Review annual resource review report * Determine levels of severity PLANNING COMMISSION * Adopt interim actions * Public hearing * Review annual resource review report BOARD OF SUPERVISORS * Recommend actions * Public hearing * Adopt final actions 17 - 0 0 revised resource data - evaluation of the data recommendations for each community and planning area for levels of severity and resulting necessary actions revisions to the Resource Deficiency Criteria for Level of Severity (Table F in Framework for Planning) The RMS process would then be changed as follows: 1. Department of Planning and Building shall compile information from responsible agencies and with the Resource Management System Task Force evaluate the data and make recommendations to the Board. 2. When the documentation supports a Level of Severity (LOS) finding, that information shall be presented to the Board within 30 days. 3. LOS II and III require immediate interim Board . action to ensure orderly development. 4. After the Board takes interim action, further steps should be referred to the Planning Commission for their recommendations. LEVEL OF SEVERITY (LOS) CRITERIA ° The following redefines the various LOS to correspond to the recommended action requirements listed below. Level I Occurs at the point where resource use will reach capacity in approximately the time required to expand capacity (including planning, funding, and construction of a project where appropriate). Level II Occurs when the current rate of resource usage will deplete the resource before its capacity can be increased. Level III Occurs when resource capacity is reached. ACTION REQUIREMENTS Level I When the Board finds that a Level of Severity I exists, the following shall occur. a. Prior to the annual budget process, the Department of Planning and Building shall review the Capital Improvement Program (CIP) of the affected agency, . city or county department for the necessary project to avoid worsening the Level of Severity and - 18 - forward recommendations to the County Administrative Office (CAO) and the County Auditor. If the CIP does not show diligent progress toward funding the necessary project within one year from the finding of a Level of Severity I, the CAO and County Auditor shall recommend to the Board of Supervisors that they adopt the following actions or others as necessary: 1. Restrictions or conditions on budget allocations to an affected department, if applicable, that shift priorities to the project. 2. Restrictions on funding, such as discretionary loans, to affected districts if applicable. 3. Restriction on- approvals of capital projects for the affected agency. 4. In the case of special districts, recommend to LAFCO denial of any annexations that increase demand for the affected resource. 5. A Level of Severity II, if the project cannot be constructed before resource capacity is exceeded. ' 6. The Board will impose conservation measures within the service area. Level II When the Board finds that a Level of Severity II exists, the following shall occur. The Board of Supervisors shall adopt land use policies that respond to a delay in funding for a necessary project including, but not limited to, the following: a. Manage the rate of resource depletion within the affected community or area to extend the availability of the resource until such time as the project will provide additional resource capacity. b. Initiate appropriate financing mechanisms to recover the project cost including, but not limited to, capital improvement bonds, assessment districts, developer fees, etc. C. Use RMS information to evaluate the appropriate scale and timing of discretionary projects within the remaining resource capacity to determine whether they should be approved. - 19 - d. Enact restrictions on further land development in the area that is affected by the resource problem. e. Enact adjustments to land use categories so that they will accommodate no more than the population which can be served by the remaining available resource, or redirect growth to communities or areas that have available resource capacity. f. Impose stringent conservation measures within the service area. Level III When the Board finds that a Level of Severity III exists, the following shall occur. A moratorium on land development shall be enacted *in the area that is affected by the resource problem until such time that the project provides additional resource capacity to support such development. - 20 - RECOMMENDATION III ADOPTION OF AN ANNUAL GROWTH RATE RATIONALE FOR ADOPTION OF AN ANNUAL GROWTH RATE a. The average annual growth rate in our cities over the past nine years has been in excess of 3% per year, fluctuating from a low of 1.86% in 1982-83 to a high of 4.18% in 1987-88 (see Figure 3). b. The average annual growth rate in the unincorporated county (including institutional population) over the past nine years has been in excess of 4%. During this time, the average annual growth rate in the unincorporated household population (excluding the institutional population) has been 3.9%, varying from a low of 2.45% in 1980-81 to a high of 5.93% in 1984-85. C. A great .many of our residents, including Committee members, perceive. these growth rates as too high and too widely fluctuating. Also, we believe this fast paced growth has brought changes that we have not been prepared to handle. d. We are now seeing signs of problems resulting from increased growth including impacts on our resources, physical environment and quality of life. e. A recent countywide survey indicated that our residents feel that local governments are not doing enough to respond to this growth spurt and would support managing growth more directly. GOALS FOR ADOPTION OF AN ANNUAL GROWTH RATE Our growth should be sustainable, that is, San Luis Obispo County should have incremental growth that allows service providers adequate lead time to plan and provide for necessary services, resources and infrastructure. We should have a process that is continually re-evaluating growth and its impacts to ensure that we are maintaining our quality of life goals. Our goal is to control the future of our County, not let external forces dictate what our future will be. - 21 - iOgg 9 N N V1 J ^ y N M J J M ^ N pp yy Nxp �x( Nxp N� �p N P M •O N M � N J J � M M R N m it M O O M N •D � A P J O Np J O •O O N M N M N N J M1 M E uEpp O � q �Np 2V M J OpN( q ryy^y �yO�ry �OPp. ^ yM� pNp NNS yJ� p N M O d J O J •�O O O P O N J J O M N M N NMS .O N N N `� pX J K it it pp A � x N q e xp MM ^ P O P g O O M A q N p p ry N ^ N N M q .� O ^ • N J J M N N N N N N N ^ Y p O N a y N C _ Op. yp Eppp A NN _ A M p A a O P N\ N g p P N � ee6 �p mmN N P O M A N •O �y G ^ N A 6 N ^ r S pQ!. yf .Qw Q ML*1p� yy M oQN C01 N N P O W P 0�o N.P •O NNp p O A M M i� •O O M N r qq pp pe N d A N • P ^ q ^ P P N � � � A N N ^ .A. ^ P P N M � •O N ^ � � r N � ^ N N O w N ^ ^ ^ P 4c M1 M N u N w N M N Y L W N M W � p pYapm � = g6 N pe 22 Y u < O 0 0 RECOMMENDED APPROACH The Board of Supervisors should adopt an interim ordinance that sets a maximum annual number of building permits for new residential units in the unincorporated area of the County sufficient to accommodate an annual household population increase of not more than 2.5% for fiscal year 1989-90. For following years, the 2.5% shall be considered a population cap and the annual growth rate shall be established by the Board of Supervisors based on the most recent population data from the California Department of Finance, the best available data on housing occupancy, and the resource availability in the various planning areas of the County as determined by the Resource Management System of the San Luis Obispo County General Plan. The Board shall conduct a public hearing in the fourth quarter of each fiscal year to determine the housing allocation for the next fiscal year. The allowed number of residential units shall be allocated to each of the thirteen (13) planning areas established in the county Land Use Element of the general plan (see Figure 4): In its deliberations, The Board of Supervisors shall adopt findings that consider, at a minimum, the following factors: - resource availability - jobs/housing balance - service availability and adequacy - meeting established goals for low and moderate income housing settlement pattern policy The setting of a countywide growth rate is foreseen to become a function of the proposed County Regional Growth Management Agency (See Recommendation I). The Committee strongly urges that the cities in San Luis Obispo County follow the example of the Board of Supervisors. - 23 - I • Q 0 M � Q , / � I � Y I N� ♦ M 1 i r 1 . / • � � Q � j 11 • I 1 •� s CL Is • < / <` ' w W � - - � - --,� ate• N t�ti 1 r./ �J IVA • • • 24 - RECOMMENDATION IV: DEVELOPMENT OF A LONG-RANGE SETTLEMENT PATTERN STRATEGY The Board of Supervisors should enact interim ordinances ,placing a temporary moratorium on the processing of antiquated (substandard) subdivisions and further parcel splits of lands in rural areas. After undertaking a study to review prior rural land use policies and directions, the Board should prepare a settlement pattern policy for future rural land use decisions with accompanying mechanisms for implementing this policy, including, but not limited to, the establishment of a Transfer of Development Credit (TDC) program, and a residential cluster program. Once the County Regional Growth Management Authority is established, the settlement pattern policy for unincorporated County lands shall be integrated with settlement pattern policies of the Regional Authority for all jurisdictions. RATIONALE FOR DEVELOPMENT OF A LONG-RANGE SETTLEMENT PATTERN STRATEGY a. Rural lands are currently in demand for non-agricultural uses, especially residential. This has resulted in competition and conflicts between agricultural activities and the new activities. Common agricultural practices are curtailed because they may impact residential areas. b. The cattle and dry farming sectors are on the decline. The economic value of more intense crop production is equal to that of cattle and dry farming but uses only approximately 10% of the same land base. Consequently, the land has and will continue to have greater economic value for non-agricultural uses, particularly residential. We can no longer take such valued amenities as "rural character" and "open space' for granted given these competing forces. C. There 'hasbeen extensive parcellization (large parcels divided into smaller parcels and sold off separately) and subdividing (dividing a parcel specifically for development purposes) of rural lands. Over time, this has resulted in serious service deficiencies, an increase in service' costs, and deterioration of the traditional rural landscape and lifestyle. What we are seeing is an increase in urban and suburban sprawl. Our urban reserve lines are dissipating; our towns are beginning to look like cities in waiting. d. There are thousands of legal lots in haphazardly located antiquated subdivisions that if developed in their current configuration would likewise create service, resource and amenity problems. The Planning Department has recently received an inordinate increase in the number of applications to develop these subdivisions. The implications of developing these lots must be evaluated. - 25 - e. The Board of Supervisors has not adopted an Agricultural Element for the County General Plan. Until one is adopted, many of the issues concerning the utilization of our production agricultural lands and other open space and rural lands cannot be appropriately addressed. f. Preferential property taxation methods, such as the Williamson Act, although effective, cannot alone prevent the conversion of agricultural land into urban or rural residential development. Similarly, policies aimed at discouraging low density urban sprawl by requiring large minimum parcel sizes have instead spread densities outward and taken more land out of agricultural production. g. The County General Plan and Land Use Ordinance need to be augmented as vehicles for shaping a desired long range settlement pattern for rural lands. Existing planning instruments rely primarily on. regulatory means for implementation and are too passive in shaping development. Communities often react . to growth on a project by project basis. Our conception of future development patterns appears to be whatever is defined by projects currently on the drawing board. GOALS FOR DEVELOPMENT OF A SETTLEMENT PATTERN STRATEGY WHAT IS NEEDED IS A LONG RANGE VISION WITH APPROPRIATE MECHANISMS FOR SHAPING GROWTH THAT ATTRACT LAND OWNERS AND ALLOW REDISTRIBUTION OF GROWTH BETWEEN RURAL AND URBAN SETTINGS. We, as government officials and residents of San Luis Obispo County, need to take a step back and examine the implications of the actions and policies we have been pursuing. Based upon an assessment of these cumulative land use decisions, the County would determine a long-term settlement pattern and implementation strategy which avoids the problems and conflicts identified above. In addition, we would shape a proactive approach to rural land development and to the distribution of new growth among jurisdictions within the region. The strategy that emerges must, however, provide for equitable solutions to encourage future development to conform to the desired settlement pattern. Our goal is to maximize public and private equity (avoiding the windfall/wipeout syndrome*) by providing mechanisms for transferring development credits from areas where development is less desirable to those we collectively have determined is in the best interests of all our citizens. Our rural lands are a limited resource. The Committee envisions an alternative future for rural lands other than what is being created through past and current policies and land use decisions. This future would entail: 0 * See Appendix D, ' Planning Strategies to Prevent or Mitigate Wipeout Challenges", by Madelyn Glickfeld, for a full description of the windfall/wipeout syndrome and approaches for transferring development credits. - 26 - 0 0 mitigating poor, past land use decisions by directing new rural residential development more into higher density clusters and less into single, small parcels; identifying lands valued for agricultural production; containing the size of some existing villages, expanding others and creating new villages where appropriate; creating permanent open space; preserving environmentally sensitive lands. The future viability of our agricultural lands, unique landscapes, resources, and service amenities are critical. The settlement pattern strategy must be formulated to enhance and guarantee continued high standards in all aspects of community life. RECOMMENDED APPROACH The Committee has outlined a three stage approach for development of a long-range settlement pattern strategy. Stage 1 imposes a temporary moratorium on issuing building permits in antiquated subdivisions and approval of new subdivisions in rural areas, while rural land use policies are assessed,"parcels inventoried and' critical lands identified. During Stage 2, the information developed in Stage 1 will be evaluated to define a rural lands settlement pattern and establish mechanisms for re-distributing development in accordance with the pattern. In Stage 3, the actual implementation of the strategy will begin. As soon as is feasible, the strategy will be extended to include all jurisdictions in the County under the aegis of the County Regional Growth Management Authority. The Board of Supervisors should take the actions described below to begin to implement the process of assessing current policies and fashioning a settlement pattern for future growth in the County. Stage I (to assess the cumulative consequences of past actions) A. The Board should adopt an interim ordinance placing a temporary moratorium on issuing building permits on lots in antiquated subdivisions. B. The Board should adopt an interim ordinance placing a temporary moratorium on further approval of subdivision and parcel maps in rural areas outside urban and village reserve lines (except for lot line adjustments that will not result in the creation of additional residential units). 27 - C. The Board should initiate a study that examines all prior rural land use decisions (subdivisions, parcel maps, antiquated subdivisions) with respect to the following: 1. Extent to which small parcel residential development is creating a land consumptive pattern; 2. Extent to which parcellization and recent land use decisions have created a non-agricultural development pattern or have interfered with agricultural production and the agricultural economy. D. In addition, the study would identify lands that are valued for the following: 1. production agriculture; 2. open space; 3. viewshed/aesthetics, -including critical landscapes (e.g. The Morros); 4. rural character and separatiotf of development; 5. watershed protection; 6. environmental protection, including habitat preservation. E. The study would then evaluate the impact on valued lands if current market forces and general plan policies remained unchanged. Impacts on resources, services and amenities would likewise be examined. F. The County would inventory parcels that would be affected by changes in land use policy as a prelude to developing a development credit transfer program. Stage II (Define the settlement pattern we wish to promote and mechanisms for implementation) Recommend completion by one year after imposition of the moratorium. - 28 - A. Based on the review completed in Stage 1, the County will define a settlement pattern strategy for rural lands outside urban and village reserve lines that establishes: L. lands valued for agricultural production; 2. open space lands to be preserved; 3. lands where minimal development has occurred or would be allowed; 4. parcel that will become sending areas (assumption is that these lands will remain permanently undeveloped except for agricultural and recreation activities and any remaining residential allowance). 5. parcels that will become receiving areas (areas where it is determined that some well-defined residential development is preferred). B. For sending areas, devise criteria for assigning development credits to property impacted by the new settlement pattern policy to ensure equitable compensation to owners. This approach assumes that not all land that is similarly defined or located has equal development potential or equal value to the general public. Development credits assigned to these lands can be purchased from owners. C. For receiving areas, devise criteria for assigning credits that would need to be purchased from sending areas. This approach assumes that the countyis under no obligation to re-zone or otherwise increase the number of development credits on any parcel of land beyond those currently allowed by the general plan. Owners will be required to purchase the necessary credits. D. Carry out a market• study on the feasibility of instituting mechanisms that will be necessary to implement new policies, compensate land owners and encourage participation in the program (e.g. TDCs, clusters, in lieu fees, other market incentives). E. Set up a Transfer of Development Credit (TDC) mechanism with an initial capital fund to get it started. Development credits assigned to properties become a marketable commodity that can be bought and sold on the open market. Initially, overall management responsibility would rest with the County. This would ultimately be transferred to the County Regional Growth Management Authority. s - 29 - Stage III (Actual program implementation; moving towards a regional approach) The actions in Stage III imply that solutions, for directing growth requires cooperation between the County and cities. Redistribution of growth between rural and urban areas realistically requires a regional approach with incentives for participation by the cities. A. Amend the County General Plan and Land Use Ordinance to reflect the new settlement pattern strategy. B. Adopt an Agricultural Element to the County General Plan. The Agricultural Element should. distinguish between production agricultural, open space and other rural lands. C. Assign implementation of settlement pattern program mechanisms to the appropriate department or agency in county government until the Regional Authority is in place and operational. D. Once the County Regional Growth Management Agency is operational, extend the long range settlement pattern to encompass' county and city jurisdictions. E. Implement countywide programs/mechanisms under the direction of joint or cooperative agency involvement. F. Lift the moratoriam. FUNDING 1. The Board of Supervisors should fund the studies, work program and Transfer of Development Credit (TDC) mechanism outlined in Stages I and II using County General Funds. 2. Consideration should be given to the allocation of portions of development fees, TDC and cluster administrative fees to the operation of programs in Stage III. m - 30 - RECOMMENDATION V: ADDRESSING THE JOBS/HOUSING IMBALANCE AND AFFORDABLE HOUSING NEEDS The Board of Supervisors should adopt a program that includes the establishment of a housing authority and integrates future decision-making on resource management, transportation, economic development and open-space needs with consideration of jobs/housing proximity and affordable housing needs. RATIONALE FOR ADDRESSING THE JOBS/HOUSING IMBALANCE AND AFFORDABLE HOUSING NEEDS a. The steady appreciation of housing and land costs has pushed the purchase and rental of housing out of the reach of more and more households. b. A consequence of this upward spiral is the tendency for affordable housing to be located in more remote areas of the county, resulting in longer work commutes. C. San Luis Obispo county has experienced a steady growth in its tourist-based industry with a resulting increase in the number of lower-paying tourist and service jobs. Unfortunately, housing is rarely available near the places of employment. Nor are there any directives or incentives for employers or government agencies to seek ways to ensure the provision of adequate housing. GOALS FOR PROGRAMS TO ADDRESS THE JOBS/HOUSING IMBALANCE AND AFFORDABLE HOUSING NEEDS Our goal is to provide quality living environments for all economic groups in our community. This may of necessity require some form of subsidy; but at the very minimum -it will require a concerted effort on the part of government agencies, the business community and concerned citizens if affordable housing shortages and the job/housing imbalance are to be ameliorated. It is also highly desirable for the supply of affordable housing to be dispersed throughout the County, providing a variety of living environments (urban and rural) and a variety 'of housing types (single family, multiple units) . The provision of affordable housing needs to be integrated- with other initiatives undertaken by the County to manage growth including the development of a long-range settlement pattern, establishment of a regional growth management authority and economic development strategies. - 31 - RECOMMENDED APPROACH 1. The Board of Supervisors should implement an affordable housing program by enacting the following policies: a. Create a countywide Housing Authority either by establishing a new organization or cooperating with the City of San Luis to expand its existing Housing Authority. The Housing Authority would both initiate its own housing development program and undertake cooperative ventures with private enterprise. b. Establish an annual allotment of building permits for low and moderate income housing units that is within, not in excess of, the annual housing allocation cap and that meets the unincorporated County's share of affordable housing. C. Work with each jurisdiction in the county to accept its proportionate share of affordable housing through a combination of accommodating actual facilities and accepting in-lieu fees until such an approach is formally implemented by the County Regional Growth Management Authority. 2. The jobs/housing balance problem can best be addressed on a regional, countywide approach. We recommend that the County Regional Growth Management Authority, once it is established, consider: a. devising an investment strategy to .develop housing in communities with more jobs than housing; b. developing more job opportunities in communities that have more housing than jobs; c. - assessing the regional implications of jurisdictional actions in the context of the jobs/housing relationship. POSSIBLE FUNDING STRATEGIES Below is a list of possible funding strategies that have been developed by the Committee. Many of these suggest amendments to ordinances or additional fees or taxes that are connected with development activities. The Committee believes that some combination of these approaches would go a along way in expediting the creation of new affordable housing units. The Committee strongly feels that whatever mechanisms are selected, there should be provisions that retain the created or subsidized units in the affordable housing stock for as long as possible. - 32 - 0 • The possible strategies include: a. amend county ordinances to require developers of commercial and office space to contribute in lieu fees to an affordable housing fund; b. amend county ordinances to require developers of housing units to devote a percentage of their units to low and moderate income housing stock, or else provide in lieu fees; C. earmark a portion of the motel/hotel bed tax for affordable housing construction/subsidies; d. create a revolving low-interest loan fund as a joint public- financial institution venture; e. provide preferential treatment in the review process and service hookups for affordable housing projects; f. provide fee waivers or reduced fees for affordable units; g. create development credit incentives for developers who furnish more than their required share of affordable housing; h. allocate a portion of fees charged for land use changes that provide windfall profits to the landowner to low-income housing construction/subsidies. - 33 - 0 RECOMMENDATION VI: IMPROVING INFRASTRUCTURE PLANNING RATIONALE Reactive planning has resulted in our infrastructure fading into disrepair and failing to keep pace with growth. Our road system appears haphazard, with Highway 101 being forced to double as a local street to accommodate traffic. In some cases, new development has not paid' its way. Financing mechanisms such as assessment districts are not always adequate for paying the true costs for improvements and paying for them when they are needed. Since our residents cross geographic boundaries, a disproportionate share of the cost of maintaining roads is likely to fall on a jurisdiction that might not receive the designated revenues or may not have approved the development contributing to the impact. Otir current public transit system cannot meet demand given the growing imbalance between jobs and available, affordable housing. GOALS The Board of Supervisors and each city council in San Luis Obispo County should adopt an Infrastructure Element of the General Plan that is consistent with an accepted local and regional growth management plan and is economically realistic. New growth should be paying whatever share of the costs is associated with its impacts. Public transit shall be a high priority in the region. RECOMMENDED APPROACH 1. Within two years, the Board of Supervisors should adopt an Infrastructure Element of the county General Plan for each community under the county's jurisdiction and identify concomitant funding mechanisms to implement this element. 2. As the Regional Authority comes on line, the County should work with other jurisdictions to coordinate development of their Elements. 3. Priority consideration should be given to the development of new improved public transit. - 34 - RECOMMENDATION VII: PROMOTING ECONOMIC DIVERSITY AND JOB STABILITY RATIONALE There is an imbalance in our county's economic base with too much emphasis on tourism and service-related jobs. The speculative climate in San Luis Obispo County in recent years has attracted more and_ more outside investors and developers. Because of their work volume elsewhere, these firms are able to outbid our local contractors and builders. As a result, new construction proceeds, but the tax dollars generated leave the county. This breeds additional resentment among our residents who already are opposed to the scale and timing of our growth splurge. GOALS Our goal for San Luis Obispo County is to sustain a level of economic" diversity that is supportable by our resources and which can be complemented with adequate jobs and housing for our own residents. Our additional goal is to continue to strive to improve the quality of jobs and variety of jobs that our residents can choose from, especially those that will encourage our children and grandchildren to remain here to settle here and thrive. RECOMMENDED APPROACH 1. The County should appoint an Economic Development Commission to assess how we can improve the quality and variety of jobs available to our residents. 2. The Board of Supervisors should adopt a policy of encouraging the use of local labor for future residential and commercial development projects and issue appropriate directives to responsible agencies and departments under the County's jurisdiction. 0 - 35 - CONCLUSIONS The members of the Growth Management Advisory Committee have submitted these recommendations with the goal of ensuring that we the people of San Luis Obispo County and future generations can live in harmony with our environment and can guarantee the unique scenic beauty,. rural character, healthful quality of life and varied life style options well into the 21st century. Effective growth management requires the cooperation of many governmental entities, and the public. The San Luis Obispo County Board of Supervisors can provide invaluable leadership toward achievement of our goals for the future. Poorly managed growth has seriously impacted the lives of the County's residents and has .generated widespread concern. The Committee believes that future growth can be managed fairly and wisely without excessive costs and unnecessary bureaucracies. The Committee urges the Board of adopt these recommendations and to move forward as quickly as possible toward the goals of effective regional management of growth and development. e - 36 - Acknowledgements The Committee's work has been facilitated by Alana Knaster of the Mediation Institute, without whom it would have been impossible for the Committee to reach consensus regarding its recommendations. Members of the Committee, vigorous advocates of diverse points of view, have managed to work together with a remarkable degree of cooperation. Debate was extensive and often heated, but always amicable and constructive. The Committee's recommendations are presented here as the consensus view of all the active members. The issues related to growth management are complex and highly technical. The Committee could not have worked effectively without the information supplied by the County Planning Department and without the patient assistance of Bryce Tingle, Assistant Planning Director. The Committee would like to expreds its thanks to Mr. Tingle and the rest of the Planning Staff for their invaluable help. - 37 - - C/) o w c D Q ca. � � 4t r CD z CL o CD1 d C n rt a 0 c W r to c-) c o cn ::a C:= ;":z O 3 C/) H Cl rt C r N �. �7 V • � V ty. • � F\i � y J CD O V \V o . CD CDS U � � d rn �. moi, N