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Agenda Packet 04/12/1988
s CINDY WILKIN S DEPUTY CITY CLERK NOTE: THERE WILL BE A CITY COUNCIL CLOSED SESSION AT 6 : 30 P.M. IN THE ADMINISTRATION BUILDING FOURTH FLOOR CLUB ROOM REGARDING LABOR NEGOTIATIONS & LITIGATION (Robert Delaire, et al v. Chester Meyers, et al ) AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO 'ADMINISTRATION BUILDING: FOURTH FLOOR, ROTUNDA ROOM - APR I L 12, 1988 7:30 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 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: ` ** Discussion Regarding an Additional Unmet Transit Needs Public Hearing ** Presentation of 11087 Donations Plaque from United Way ** Proclamation - Acknowledging April as "Barbershop Harmony Month" ** Plaque of Appreciation to Mildred Copelan, Planning Commissioner ** Plaque of Appreciation to Chuck Hazelton, Police Department z COMMITTEE REPORTS (The following represents Ad Hoc - or Standing Committees. Informativestatus reports will be given, as felt necessary. ) 1 . City/School Committee 7 Pavilion Committee 2 . North Coastal Transit 8. Police Facility Committee 3 . San Luis Obispo Area 9. Atascadero Lake Acquisition Coordinating Council Committee 4 . Traffic Committee 10. 'Tree Committee 5 . Solid/Hazardous Waste' 11 . Bicentennial Committee Management Committee 6 . Economic Opportunity Commission Approximate Time - 30 Minutes) COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you the citizen. The Public Comment 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 or City staff. * Any person desiring to submit written statements may do so by forwarding to Council, prior to the Council Meeting, 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 Consent Calendar, 1 Approval of the March 22 , 1938 Regular Council Minutes 2 2. Approval of Tentative Tract Map 1-88 - Conversion of Two Existing Multi-Family Complexes into 13 Air Space Condominiums and One Common Lot - Montanaro/North Coast Engineers 3 . Approval of Tentative Parcel Map 2-88 14705 Santa Ana Road (Lot 10, Block 27 ) Proposal to Subdivide 8 . 28 Acres into Two Parcels of 4-. 14 Acres Each Dohan/Twin Cities Engineering 4 . Authorization to Solicit Bids - Atascadero Lake Improvement Project 5 . Resolution 31-88 - Designating a Stop Sign "Intersection on Flores Avenue at Los Gatos Avenue " 6 . Approval of Resoution 30-88 Reduction of Speed on a Portion of Gabriel Road, within the' Bounaries of San Gabriel School Property 7 . Denial of Claim by Evani Lupinek - Personal Injury In the Amount of $1 Million Dollars 8 . Resolution 32 -88 - Authorization to File. Claims for Local Transportation and State Transit Assistance Funds . for Fiscal Year 1988/89 9 . City Surplus Vehicles: A. Accept Two High Bids Received for Dial-A-Ride Vehicles : 1979 Dodge Van - $1,500 - Paul Torba 1981 Chevrolet Van .- $1 ,300 Paul Torba B. Reject Two High Bids Received for Two Automobiles ( 1981 Chevy impala $367 . 50" & 1980 Ford LTD 8200) and Authorize Staff to Present the Two Automobiles plus Two Other: that did not Receive Bids ( 1985 Ford LTD wrecked & 1980 Ford LTD) to an Auction Outlet 10 . Accept Bid Received on 1961 Van Pelt 'Fire Truck $6 , 165 - Thomas Gouff 11 Conceptual Approval to Locate the County Air Pollution Monitoring Station at Fire Station #1, 12 . Proclamation - Acknowledging April, 1988 as "California Earthquake Preparedness Month" 13 . Proclamation - Acknowledging April, 1988 as "Child Abuse Protection Month, 3 14 . Proclamation - Acknowledging April 18-22, 1988 as "Register and Vote Week" 15 . Proclamation - Acknowledging April as "Prevent a Litter" Month B. PUBLIC HEARINGS: (Approximate Time 15 Minutes) 1 . Appeal of Business License Rejection Sherry Fair - 9745 Atascadero Avenue (Approximate Time 15 Minutes) 2 . Appeal of Lewis Avenue Bridge Fee Interest Requirement - Dr. Anderson (Approximate Time - 15 Minutes 3 . Status Report on Building ,,Permit #1250 - 7150 Serena Irene Bishop, (Approximate Time - 15 Minutes) 4 Zone Change 2-88 - Proposing.; that Large Scale Non- Residential and Multiple-Family Projects be Reviewed through the Conditional Use' Permit Process - 'Initated by the City of Atascadero A. Public Hearing B. Ordinance 170 - Amendment to the Zoning Ordinance Regarding the Level of Review Required for Certain Large Scale Projects (FIRST READING) C. UNFINISHED BUSINESS (Approximate Time 15 Minutes ) 1 . Proposed City Tree Ordinance: A. Ordinance 168 Amendment of the City Zoning Ordinance Text Relative to Tree Protection - Initiated by the City of Atascadero ( SECOND & FINAL READING) ( ont' d from 11/10/87 & 3/22/88) B. Resolution 33-88 Approval of a List of Certified Arborists , Authorized to Prepare 'Tree Protection Plans in Atascadero, Per Ordinance 168 4 (Approximate Time - 10 Minutes) 2 . Ordinance 167 Amendment of Zoning Ordinance Text Relative to Freeway Identification Signs and Pole Mounted Signs (SECOND & FINAL READING) (Cont' d from 3/22/88) (Approximate Time - 10 Minutes) 3 . Proposed Police Facility Purchase Agreement (Beno' s) (Cont'd from 1/12/88 & 3/22'/88) : A. Resolution 29-88 Authorizing the City to Enter into a Purchase Agreement and Escrow Instructions for the Acquisition of 5505 E1 Camino Real, Atascadero for Use as: a Police Facility (Approximate Time - 15 Minutes) 4 . Proposed Criterium Bicycle Race Cost Estimate for Provision of Law Enforcement and Public Works Services (Cont' d, from 3/22/88) D. NEW BUSINESS: (Approximate Time - 10 Minutes ) 1 . Request to Consider Renewal of Ordinance 107 by the Atascaderp School District - Authority to Levy School Facility Fees (Approximate Time 10 Minutes) 2 . Authorization to SolicitProposals for Auditor Services (Approximate Time - 10 Minutes 3 Request by Randy-Ryberg, PalomaCreekPark Concessioner to -Wave a Portion of the Business License Requirement E. INDIVIDUAL DETERMINATION: 1 . City Council: Discussion regarding Length of Council Meetings (Borgeson) 2 . Citi* Attorney 3 City Clerk 4 . City Treasurer 5 . City Manager NOTE THE ATASCADERO CITY COUNCIL WILL ADJOURN',THIS COUNCIL MEETING TO: APRIL 13 , 1988 AT 7:00 P.M. IN THE ADMINISTRATION BUILDING, FOURTH FLOOR ROTUNDA ROOM, FOR A SPECIAL OPEN COUNCIL SESSION REGARDING PLANNING COMMISSION VACANCY INTERVIEWS • APRIL 18, 1988 AT 4 :45 P .M. IN THE ADMINISTRATION BUILDING, FOURTH FLOOR ROTUNDA ROOM, FOR A SPECIAL CLOSED COUNCIL SESSION REGARDING INTERIM CITY MANAGER POSITION INTERVIEWS • 6 , -11 " , , I � - , x,-�a 3 , � I ✓ ,� 1 ,,,,�,,,-,�', - -111-r-11 �,_ F t * ,, ) I d r , f. ,; - l - t. � ry ir` ''� z ,Y �,,, *, Cs, � _.if /s I 11 ( f' S r "k`J` �y s s'��i a (" , -. , ! .�I,,, - I � �I��I� I- ,I,�,I, ,_ -::--��',,�,-. -1, I I /I 1�_7 1� � v ` I- � �,,,: I , I , _ I , � " I I f,�, � ,�, ,,�, , , , - , �_ �,� I- ,���,���, -,,' t { F y A { `� A'r �. / !r ,s yt r ' , ,� X c' t' ,,_' S .s'.; T i17 s 1 . i �-`S { _ , a 11 11 1 M t ,� F Y a{ " l y �' fI'll .yam t i IAMRSHOP �'1���'- 7` " hl , y. q ¢ y e t. �.A� �t " t: t ' � ]h. � �C '+�f"� llll �I� � -'� as n 6. _U I �� �,,*I 1,i�� , - �, I � I I I . ", ,,, I—11 '' " 11 -�,'_:��,4","'I,,, :, " --vftl �`' ,i r' `` th ek i'3ivor � � " r � , r �: �' ' ,; //,. in tr t t ��. 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'^Y � -, '>� 6 / l S - 11 f \ r 4 - 1 -* C .'K L ' h"! ✓ ? >'Y =i' � 1 '`Fa I ` , t -1 � s3' .'r „. �., . �. l►G9Rt�1{STRATtON'9t11{CtiNG 'City T OFFICE SOX 747 'PT QFRfCS ATASdAM00,=C EAFORNIA 93423 ATASCAdi*6,CALL, x PHONE:,18")406-0000PHONE., CITY COUNCIL ' CITY CLERK \ PEki4StEP4plT[rYOT � CITY. J TREASURER,' HRP4RATEt! t�!YE. 19" `�` �, "t7F�4{CE� r'SE NCCTAf CITY 4ANA1CoER ATPAW fP RN R'3 it23 r int ACJM{NMTRATIVE.S�*Y10ES OEPARTM$N7' ... COMMUNITY bEYSI.CWM£NT OEPARTMEN* PUBLIC,WORKS DEPARTMENT � Fid lot PARKS'AND RECREATION pePARTM£NT 6fi4S I,:SWM,AYS1 - ATASCAIRd1 #F At ; PROCLAMATION OF THANKS AND APPRECIATION r, TQ CHARLES R. "CHUCK' HAZELTON � Lieutenant of 'iPb ice i WPYAS, Chuck began employment with the City- of Atascadoro doy 0i� 1986' and has since established a. commendable record. of a.s a charted member of the >City,of Atas,ta4ero; and the City wishes to sFck sledge Chia k'-s contrihotiolt` tcr'`.th Pali ca Department and the City,__bf Atascadero to includa his tenura r both l'Qi ow, Sergeaut and Polio Lietatai nen;; and,:, WHEREAS, Chuck has continuously participated' its educi and:'tzainin$ which hap .+enhanced' his 'professi<onal abilities, thus a, oid ,ev�o attolt i. service to the-�comuOunity; *-d WHEREAS,AS, the.Police Department has receival r n . eonmendAtions axed' laCt0rs. of praise, from the ,public regarding. thel,Lieutenant`s pevf to and WHEREAS, �t;hue}� has :consistently �iaLsplayed a high stdvdard; of prp s�sicznal dedication, loyalty, and hard. work enccImpapOng many'hours, eeAix4 -that, �hicb ;ie merely-expected, and has ;greatly contributed to t ►e iaett+ rmant oaf the Atscad + Police Dspartment;':and THEREFORE#- PE IT P'ROCLAMD .that the Council anal- plpyees of 'the",City,\ of Atasca.dero do hereby'ac-1q%bvledg`e Lieutenant Haael.ton4's pom6ittmisnt i,, int�reet and contribution to our city ss he, embarks' upon anew, t r+eer- as A itim n prosecutor, and he is hereby congratulated, fir a,' cab �te11 dam. -- BE IT FURTHAR PROCLAIMED that the Coit' and emp .oyees (of Che City 'of u' .Atestaider h 'extend their best .wishes to Chtick in' all i future eodeavo vsl, BARBARA r 4ORR S ,- MayorIL a R1CbiARD . 'McHAL April, 12, 1988. Chief.of Police H 0 ,R, A X D U,' ` FTO: Cit-V, Council4'I4xG21: �� "to x ",SROM". 5 ton yyam�{�+ �[ y�ffi a1 I Lily ;E'L +T,wFi� L�.i. �a7 W,Gi1sJ ikCtcou t mayor Ndir . rgtasted , pxovi Cour 9C` and �,l , 8.1 � t,,: has x`e a ived . ;An ptovose a x f "t approached ` day n1,or rep=resentpt don0deration in; 'ovi-AA:tiq 4f ei—hours and,-*O d ,,s ,o I Dial th as be _ . the uh of a � 4*0 ' N v mbar r i nc , l Meeting �t�� r��� t 41"1140, ze" rdinq "transit urir�et needs, s c ;ac-" att end, ` evening , Y, Council mea .-ran Oort"AtIon. 'Nc " couldw' they " y c a tE , h eet nit, *held, uzng.,the day in San ` , distance- artnia. f " . %Senior -citigens' and Mayor r-ra��i�' are, r+�i�u�9 yconaide a�ticn b a repeat of the Nov-» *r 7 08, a y. ¢eJ/�� (:'�y +'� +� ��yy. y, SMF ryy 37F tr ;Iee, at a da l.. 'aSfi �TRa'' W.. +� T#�:. _: : " ' a. _ F . Y t x S }eC f y r 1:C3 ' p.fi Special .`t HPLC :�Q,*6u;�a ; ;,' Wi F ,. mars '. c ne toy City 4,all�� after' t� �� b. at`;: � This item is armed t placid on the April 12, $, Cc>zc1 '. �t ago s vk A, i rs , '} t y .z i ti a ' � s San Lui& Obispo �e4; Cn r and Rbgie nal % � rt on Plannin Agpr�cy 5 DAVM 1 16 y- p ' AT- OCADW CIT' ` POUNCIL � f ( gf IRON AW WWI > J:L. s di youf .0 needs O*AtUg ort ID ice4b t l 1497 The t ec v t+ I tc� e met ,tranfdt 'needy .-. r' Kortk count' cit the Theat ed C � W delicti c � tC .ev�ilA� 6 tett 'i lveC �'ThArif x } 10 tot r� . y fly�yt i z+�ry�*e�. ed � r 1 ►a + ;;` sm " lcow ee '.. 19, $7 $ad e ., I9$ f { 64, 11 „ YC x= k � t X � �M n Merit I� . i t �x �c , °: y 3 3 `U MQAr=rdDA DAOLY/87 ITEM {� - Z- MEMORANDUM To: Honorable Mayor and City Council Through: Michael Shelton, City Manager From: Paul. Sensibaugh, Director of Public Works/City Engineer s Subject : Unmet Needs Hearing—Transit, Taxi Report Date: November 17, 1987 Recommendation: Staff recommends that council accept testimony and entertain the Taxi Report as a potential unmet need. Backround: Attached is a memo and SLOACC staff report from Ron Decarli , Program manager for the Regional Transportation Planning Agency. Also attached is the Taxi Report that has been carried over from two Previous meetings . Discussion: Staff has recommended that the taxi service is not economically attractive and that the requests for the most part come from California Manor, a subsidized senior housing project on E1 Camino Real . Council may want to refer this item on to Regional Planning or to make a decision and request appropriate funding be approved by the regional office from California Transportation Development Act (TDA) funds . In either case Council will want to decide if there is an unmet need and if it is reasonable to meet such need. Fiscal Impact : The fiscal impact has been discussed in the attached report and will vary dependent upon Council ' s action. S in Luis Obispo Area Coordinating Council Arroyy+oGrande scadero Grover Morro rand Regional Transportation Planning Agency Paso Robles Pismo Beach San Luis Obispo San Luis Obispo County UNMET TRANSIT NEEDS PUBLIC HEARING INFORMATION WHY UNMET TRANSIT NEEDS HEARINGS ARE HELD State law requires the Area Council to hold an annual hearing to consider transit needs that are not now being met by existing transit services (bus, dial-a-rides) and that might be reasonable to meet by establishing or contracting for new or expanded transit services. WHAT ARE UNMET TRANSIT NEEDS Unmet Transit Needs are deficiencies or inadequacies in the present public bus systems. Such deficiencies include: services that are planned but not yet in existence, and expansions or improvements of existing bus services such as the hours or days of operation as well as the lack of services between major population centers. New services that have been previously implemented are usually those in which substantial public interest has been expressed during these public hearings. More localized transit requests involving fares, rates or schedule changes is not normally considered in the evaluation, but is forwarded to the appropriate agency for consideration. PUBLIC HEARING PROCESS (HOW ARE YOUR REQUESTS EVALUATED) The unmet transit needs public hearing process involves one centralized public hearing held in the San Luis Obispo City Hall Council Chambers and local city hearings held at the option of City Council. Regional Unmet Needs Hearing, SLO Council Chambers (December 3, 1987, 1:30 p.m.) During the first hearing, the Area Council will consider all transit requests. You may submit such requests by telephone (541-5711), in writing, or expressing your requests at the hearing. You are encouraged to also contact your locally elected officials, as it will ultimately be the cities or the county that fund the services. The public testimony received at this hearing will be summarized and evaluated. Staff will then determine whether the requests received at this hearing are Unmet Needs based on the level of public interest and the adopted criteria . for determining unmet needs. Staff will then coordinate with affected agencies and transit systems to determine reasonableness of meeting the identified unmet needs based upon projected costs, patronage and feasibility. 7 County Government Center, Spin LLIiS Obispo, CA 93408 (805) 599-5710 Local Unmet Needs Hearing, Atascadero (November 24, 1987, 1.30 p.m.) Local hearings are held at city option, to gain input from transit it dependent persons who may otherwise not be able to testify. The hearing also serves a direct communication mechanism between the person with an umet transit need and city councils who ultimately shape public transportation systems. The purpose of the meeting is to accept testimony and transmit it to Area Council staff for analysis. Final Review, Area Council, San Luis Obispo (March 2, 1987, 1:30-P.m.) In an open public meeting, the Area Council will review all public testimony and analyses completed by staff. They must decide whether or not there exist any unmet transit needs that may reasonably be addressed with available funds. The Transportation Development Act funds for FY 88/89 will first be applied to any such needs identified by the council. Any remaining funds may then be used for the construction and maintenance of streets and roads. RD/jm/4600-1/93 SAN LUIS OBISPO AREA COORDINATING COUNCIL STAFF REPORT - MEETING DATE: NOVEMBER 24, 1987 SUBJECT: UNMET TRANSIT NEEDS SUMMARY _ State law requires the Area Council, acting as the Regional Transportation Planning Agency (RTPA), to hold an annual public hearing to receive public testimony identifying or commenting on unmet transit needs that may exist `.:.within the region and its cities, and that might be reasonable to meet ,by ,'establishing or contracting for new public transportation or specialized %transportation or by expanding existing services. Thisstaff report covers the general background, legal requirements and analysis criteria regarding the unmet needs process. Attached as an exhibit is the current Area Council procedural guide, showing the definition adopted by the Council for the terms "unmet needs" and 5 "reasonable to meet". RECOMMENDATIONS a. Receive public testimony at any local unmet needs hearings, 'held -'at city option. b. Forward all testimony to Area Council for assessment. BACKGROUND The California Transportation Development Act (TDA) provides financial support for public transportation in the state. These funds have been the Primary funding source for transit systems in the San Luis Obispo County. During fiscal-year 1987/88, TDA funds are estimated at 14.415 million with 11.734 million programmed for public transit systems and support. The remainder is used for street and road purposes. The act provides $316,356 to the City of Paso Robles and $457,439 to the City of Atascadero during the 1987/88 fiscal year. Prior to using these funds for street and road improvements, the Act (Section 6658) requires the Area Council as the RTPA to hold a public hearing and make a determination that there are no unmet . transit needs that can reasonable be met within the area of a county, city or eligible operator. As a result, the Area Council has responsibility and authority to determine what constitutes unmet transit needs and whether or not such unmet transit needs can reasonably be met. Decisions made by the Area Council are final unless they are appealed by a claimant to the Secretary / of the State Business and Transportation Agency (PUC, Section 99242). l Unmet Transit Needs Hearings have been held by the Area Council annually since the adoption of the TDA in 1972. In 1986, the Area Council elected to adopt a policy encouraging local Jurisdictions to conduct local unmet needs to augment the single Regional Unmet Transit Needs Hearing. The purpose of these optional hearings is threefold. It addresses prior criticisms that many transportation-disadvantaged citizens cannot get to San Luis Obispo city to attend the regional hearing. It allows an opportunity for citizens in each city to provide testimony on transportation deficiencies directly to their legislative bodies rather than a regional body. And it allows each city's full council to become more informed on the entire unmet transit needs process.. The meetings were also made optional to allow Jurisdictions to have such a hearing if ' they so desired. Two cities have chosen to hold local hearings this year, the City of Paso Robles and the City of Atascadero. Area Council staff will review public comments, analyzing each in light of the adopted definitions of "unmet need" and "reasonable to meet". Their recommendations will be considered at a meeting of the Area Council scheduled for March 2, 1988. DISCUSSION In 1978, the California Department of Transportation issued regulations establishing an "unmet transportation needs hearing process." Subsequently, in 1981 they were modified by changes in the California Administrative Code (Section 6658). The major steps in the process are summarized as follows: 1. Planning Process Considerations Before any allocation of TDA funds are made for street and road purposes the Area Council shall insure the following factors have been considered in the transportation planning process. a. The size and location of identifiable groups likely to be dependent upon transit. b. The adequacy of existing public and specialized transportation services including both privately and publicly provided systems. c. Potential alternative public transportation and specialized transportation services and service improvements that would meet all or part of the travel demand. A-1-2 2. Definition Determination The Area Council acting as the RTPA must determine its definitions for "unmet transit needs" and "reasonable to meet" in order to have standards to evaluate public requests. Definitions were originally adopted by the Area Council on February 4, 1982, and subsequently amended in 1984, and again in 1987. These definitions are included in Exhibit One. State law defines "unmet transit needs" as, at a minimum, those public transportation or specialized transportation services that are identified in the Regional Transportation Plan and that have not been implemented or funded. 3. Public Hearing Requirement The Area Council, acting as the RTPA, must hold a public hearing to receive testimony identifying or commenting on unmet transit needs that may exist within the region and that might be reasonable to meet. A single Regional Unmet Needs Hearing will be .held December 3, 1987, at which time all testimony regarding felt needs for transit improvements will be presented to the Area Council. Testimony from the local hearings, written comments ane telephone input will be introduced along with public testimony from any interested citizen attending the meeting. 4. Unmet Transit Need Determinations After consideration of this information, testimony presented at the public hearings, and staff's analysis of potential needs, the Area Council must make one of the following two findings: a. There are no unmet transit needs in the area. With such a finding the Area Council may allocate some or all of each claimant's TDA funds for streets and road purposes. This decision must be based upon the Area Council's adopted definition of "unmet needs" (Exhibit One). b. There are unmet transit needs in the area of the claimant. The Area Council must then proceed to find such needs reasonable or unreasonable. In deciding whether or not meeting a need would be reasonable, the Area Council must base its decision on its adopted definition of "reasonable to meet" (Exhibit One), as well as recommendations from the staff and the Citizens and Technical Transportation Advisory Committees. Those requests determined to be unmet transit needs will be subjected to the "reasonableness" evaluation to be considered by the Area Council on March 2, 1988. For each unmet transit need the Area Council must make one of the following findings: A-1-3 1) That the identified unmet transit needs cannot reasonably be met. Such a finding must specify why the unmet needs are not reasonable to meet, making reference to supporting C documentation and the Area Council's definitions of "reasonable to meet" (Exhibit One). With such a finding, the Area Council may allocate some or all of the claimant's apportionment to streets and roads. 2) That the identified unmet transit needs can reasonably be met. With such a finding, the unmet transit needs must be funded before any allocation is made for streets and roads. RD/cl/sb/3323-1/124 C A-1-4 San Luis Obispo ea Coordinating Council Arroyy}oGradnde Grover City Morro Qft and Regional Transportation Planning Agency Paso Ro W Pismo Beach San Luis Obispo MEW San Luis Obispo County Adopted: 11/7/85 Revised: 11/12/86 Revised: 11/12/87 ADOPTED DEFINITIONS AND PROCEDURES FOR NOTICING AND CONDUCTING THE ANNUAL UNMET TRANSIT NEEDS HEARING The San Luis Obispo Area Coordinating Council on November 12, 1987, amended the following adopted procedures for noticing and conducting the Annual Unmet Transit Needs Hearings. These procedures cover the following subjects: public notification, public hearing process, needs analysis and definitions. PUBLIC NOTIFICATION Advertised public notifications will be conducted for the initial Unmet Transit Needs Hearings, which will be used to obtain public input on unmet transit needs in the jurisdiction of each claimant area. Notification will be conducted by a variety of means including: 1. Public Hearing Notices - Posted throughout the region. 2. Public Service Announcements and a media press release distributed to local media._ 3. A notice of Public Hearing published in the Telegram-Tribune and other local newspapers. 4. Written notice to the following: a. Individuals and organizations that have submitted testimony during past Unmet Needs Hearings. b. Area Council and Advisory Committees Agenda distribution list. C. Senior Citizens Clubs/Organizations. i Notifications will include verbage to encourage concerned and interested 1 citizens and organizations to contact their county supervisor and/or appropriate city council representatives in addition to submitting testimony during the Unmet Needs Hearing process. County Government Center, San Luis Obispo, CA 93408 (805) 549-5710 __J PUBLIC HEARING PROCESS The unmet transit needs public hearing process involves a centralized regional hearing and optional communityhearing(s)(s) to obtain g testimony on unmet transit needs. These transit requests are then reviewed to determine if the request is an "unmet need" based on adopted definitions. Such unmet needs are then evaluated to determine if they are "reasonable to meet" using adopted criteria. If determined to be reasonable, they must then be implemented prior to any allocation of TDA funds for streets and roads. Meeting Locations One centralized daytime regional public hearing will be held in the city of San Luis Obispo by the Area Council to obtain public testimony. This will be a regional meeting held at the regular meeting time in San Luis Obispo. Each incorporated city is additionally encouraged to hold an advertised public hearing to consider unmet transit needs requests. Such hearings would be held at a regular or special city council meeting. Area Council staff shall provide necessary staff support (news release, staff report, staff presentation). Initial Unmet Needs Hearing The initial regional hearing will be scheduled during the first week of December (1987) and in November thereafter. City Council hearings should • be scheduled prior to December 1, 1987 and November 1 thereafter. Prior to receiving public testimony, Area Council staff will make a presentation covering the following: The hearing process and definitions of "unmet needs" and "reasonable to meet." Potential user groups. Size and location of identifiable groups dependent on transit including the elderly, handicapped and poor. Adequacy of existing transportation systems. Unimplemented transportation systems in the Regional Transportation Plan. Alternate public or specialized transportation systems or improvements. At the Area Council region hearing Public testimony and discussion will be received in the following sequence: Handicapped community Senior Citizens Social Service Agencies General Public -2- In order to organize testimony in this sequence "Requests to Speak" forms will be distributed among the audience. Public testimony on requests for additional public transportation services will be closed at the end of community and regional hearing(s). The public testimony received at these hearings will be summarized and compiled, evaluated and acted upon by the Area Council at their regularly scheduled hearing (March). Reasonableness Determination The reasonableness determination will be conducted at a centralized hearing scheduled during the regular March meeting or as a special meeting if recommended by the advisory committees. At this hearing, the Area Council will consider the recommendations of its staff, the two transportation advisory committees and the affected agencies and transit operators and determine whether those requests determined to be "unmet transit needs" are "reasonable to meet". Should they be determined to be "reasonable", the request will be required to be implemented by the appropriate entity subject to any conditions established by the Area Council before the applicable entity can receive Local Transportation Funds (LTF/SB 325) or State Transit Assistance (STA) funds for streets and road purposes. This action will be memorialized by a resolution of the Area Council. UNMET NEEDS ANALYSIS As required by Section 6658-of the California Administrative Code, the San Luis Obispo Area Coordinating Council MUST adopt formal definitions of "unmet transit need" and "reasonable to meet". The first definition is the primary tool used to evaluate the public testimony received during the initial hearing. The second definition is used to evaluate the reason— ableness of meeting those requests determined to be "unmet transit needs". Adopted Definition of "Unmet Transit Need" "Unmet Transit Needs are deficiencies in the current public transpor— tation or specialized transportation system that is essential for mobility as identified by community members with community support expressed through the public hearing process. Included, at a minimum, are those public transportation or specialized services, which are identified in the Regional Transportation Plan that have not been implemented or funded; excluded are those requests for minor operational improvements (fares bus stops and minor route alterations). "Essential for mobility" shall be defined as: 1. Trips made by the elderly, low income, youth or other transportation disadvantaged dependent groups to maintain a minimal standard of living. This includes trips necessary to: -3- !� 0 a. Obtain/maintain employment. . b. Obtain medical/dental care. c. Shop for food, clothing, etc. d. Obtain social services such as health care, government funded nutrition programs, sheltered workshops teaching employable skills, county welfare program and education programs. e. Transact personal business, such as banking and paying bills. f. Obtain education. 2. Excluded from the definition of "essential for mobility" are transit requests that are: a. less than one mile, made by individuals who are not elderly or handicapped. b. for religious and recreational purposes. c. Methodology 1. Identify and forward all minor operational requests to affected jurisdictions for their consideration. 2. Determine if the requests are unimplemented services in the regional g 1 transportation plan. Such requests are unmet nmet transit needs per state law. 3. Determine if request is essential using adopted "Unmet Needs" definition, planning data and assessments of existing services. C Adopted Definition of "Transit Needs That Are Reasonable To Meet Determination In making the reasonableness determination, an analysis will be conducted on existing transit services, available options, likely demand and general costs based on similar services in the area and available studies. Once completed the following criteria shall be considered. If, based upon these factors, "reasonable needs" are suspected, the cost effectiveness criterion OF) is employed. A. Feasibility. The proposed service shall be feasible to fund within the existing and projected limits of TDA funds available to the affected jurisdiction(s) and in accordance with funding priorities established by the Area Council using estimates developed from data on existing, similar services in the region. B. Community Acceptance. The proposed service shall have community acceptance from general public and elected officials. C. Timing. The proposed service shall be in response to an existing rather than a future need. ti -4- D. Equity. The proposed service shall not exceed the transit level of service standards established in the Regional Transportation Plan and should help foster an equitable level-of-service throughout the region. E. Duplication. The proposed service shall not duplicate or compete with other transit services. F. Cost Effectiveness. The proposed service shall have a projected fare to operating cost ratio that meets state requirements and shall have a projected and operating cost per passenger as provided by comparable services. Comparable services may be based upon the averages of services provided in similar geographic areas, socioeconomic confines and physically similar systems. All unmet transit needs that appear to satisfy these criteria shall be funded and implemented on a one-year trial service basis. Once an affirmative decision is made by the Area Council, the affected jurisdictions will develop an implementation plan and - detailed cost projections for inclusion in their TDA claim and shall make due progress towards implementing the service in order to receive TDA funds for street and road purposes. Area staff will continue to provide technical assistance throughout this development. All such pilot programs will be strongly promoted with promotional efforts and performance specified in progress reports submitted at subsequent regular Area Council meetings. If after three (3) months the service does not show due progress towards meeting the specified performance indicators, the service shall be discontinued. If the service achieves these performance measures at the end of the test period, it shall be continued until such time that it no longer satisfies this definition. RD/cl/sb/3270-1/124 11-13-87 -5- A' 10Z �� MEMORANDUM TO: City Council THROUGH: Mike Shelton , City Mana-,er FROM: , O aul Sensibaugh. Director of Public works Valerie Humphrey , Clerical Technician SUBJECT : Weekend and Evening Transit Service DATE: October 16 , 1987 Recommendation : Staff recommends that weekend and evening taxi ser-��ice is not cost effective and should not be implemented at this time , Background: Council has previously reques__d that staff investigate the possibility of providing a wee-1--end "Taxi Service" to the citizens of Atascadero . Staff has received requests efnanded transit -services . Included in this rer?ort is -a ret- L_- from some of the residents at California Manor _=ruezLing ser% lce one evening a week and Saturdays . ian-t., Jr- L �_.= 1Cqu=StS received mention a desire to attend church on Sunda_; , therefore this report addresses Saturday and Sunda, service along with a per-evening cost for evening service . _ In this study we have *ecus cn thr=e scenarios and their cost to imxlement . The s_enlricz are detailed below and include coITtmtLn s and applicable- cost- z . , Discussion : ColiiTiUri l-LL y Tr3YiS1t IDer'ri c e z eve riean cont act?d regarding - e _ 3' :2 pu�si�llity Of ad�ying .: 'n'e�+'v_en,1e `:erV1.C:e They fael that tn1S can he acccmpllSrc,_ '•11th_n L rur_retlt 2COpC V_` t'.1e1r contact SJ1tY1an "out of c;Dntrar-t dxrCeltl�nt at the hourl , rate p?us 10" . % Scenario #1 - One Bus , Driver , and Dispatcher In this scenario the system would work much like it does during the weei_. There would be a dispatcher on duty in the office and one bus with driver available for service on an on-call basis . This alternative would be the least complicated as it is the same system riders have become familiar with during the week . However, the cost of providing this zervice in relation to the number of riders anticipated on the weekend and evenings would be high . Cost Breakdown : Dispatcher and Driver $ 15 . 30/hour Bus - fuel and maint . 20 . 00/hour TOTAL F35 . 30/hour WEEKEND SERVICE: 8 hrs per day X $35 . 30 X 2 days = $564 . 80 $564 . 80 X 52 = $29, 369 . 60 per year EVENING SERVICt .per_ evenir.xJ . (6 P .M. to 10 p .m.) 4 hrs per evening X $35 . 30 = $141 .20 1 evening per week X 52 = $7, 342 .40 per year _Scenario4t2 Bus Driver - Mobile Phone This alternative would utilize one bus and driver and require the purchase and installation of a mobile telephone . This system would save the cost of the di2patcher . The driver would be recrulred _o s-av In the bels . _7-xc=;,t during break' , to monitor the phone . Cu�tomer3 would be given a separate number to call on wee _enda for Zervlcc . Cost Breakdown : Driver $ 7 . 65/.:our Bus - fuel , maint . 20 . 00/hour TOTAL 27 . 65 EXAMPLE: Weekend and One Eveni nq Service Minimum cost per year $0 (no request for service) Maximum cost per year $28 ,755 . 00 Existing Service: The cost and availability of conventional taxi service has been researched and found to be available from Paso Robles Cab or San Luis Yellow Cab . The standard taxi rate is $4 .00 for the first mile and $2 . 00 for each additional mile . The customer is charged only for the miles between pick—up and delivery and not for transit miles for the cab between cities . As an example: an average round trip from- the south city limits to Williams Brothers and back would cost approximately $14 . 00 . FISCAL IMPACT: Since additional service was not budgeted for under the LTF/STA transit funds , it would be necessary to fund this service using LTF/STA funds previously slated for street maintenance programs . (about $25 , 000 or 1 mile of resurfacing) If it is determined that this service Z;iouid continue past a trill period, funds could be included in the Community Transit Contract and bud ete for the fiscal year . It is important to note, however, that in order to qualify for LTF/STA Transit Funds we are required to collect a minimum of 13%0 of our expenses in farebox revenue i= 1^ possible that if we elect to provide weekend and evening service at a heavily subsidi"ed cost per ride ratio that tae could Possibly fall below rthe i30 level required and therefore , be forced to rape overall rate=Z ahout 2:.,''S or to $1 . 00 . it is possible t}tat a Z'Qecial fare cou' d •�- �stablished for wee;end and evening 'service to help defray the cost subsidy . Ri,r3hip il2ay be aparoxi;nat=`1_'/ aZ^um-.ed ?t a maximum of 16 indi`,'idual calls per day (one ever' 1/2 hour .) . The cost per ride , therefore. would ')e about ij per customer., � •r. � E'er-�.�� �k�,,..�,.�.� ���-�-�' October 1, 1987 i We, the undersigned, are in need of extended Dial-A-Ride s < service We need service on Saturdays and one night a week. SIGNATURES }.•J .iy W� .. .. 1 ,u-.tif /r t�1�` x'',: rt ,t ..T' �� tt��r,�• s.. V . •.Y .lo- ,f st t ' October 1, 1987 {Mt -07 We, the undersigned, are in need of extended Dial-A-Ride service . We need service on Saturdays and one night a week. •SIGNATURES g _t6 kt • \ v as .� -' � • . '=t:.::;rte ei -•�J;w r October 1, 1987 LL We, the undersigned, are in need of extended Dial-A-Ride -service. We need service on Saturdays and one night a week. ; SIGNATURES ;� ,Q ,>` ; 4�q , Ll Or Dew, Sm 1 r� 0 • San Luis Obispo Area Coordinating Council Arroyy}oG Grande Grover City Morro Bay and Regional Transportation Planning Agency Paso Robles Pismo Beach San Luis Obispo San Luis Obispo County RECEIVED October 26, 1987 OCT 3 01987 CITY MGR. The Honorable Barbara Norris, Mayor City of Atascadero P. 0. Box 747 Atascadero, CA. 93422 Dear Mayor Norris: SUBJECT: OFFER TO ASSIST IN CONDUCTING LOCAL "UNMET TRANSIT NEEDS HEARINGS" The Area Council annually allocates approximately four (4) million dollars in Transportation Development Act (TDA) funds to the cities and the county for public transit and street and road usage. The Act allows each entity to use these funds for streets and roads only after all reasonable transit needs are first met. In making this determination the Act requires the Area Council to conduct an annual "Unmet Transit Needs Hearing" to ascer- tain the need to reasonably -provide additional or expanded transit ser- vices. This hearing is scheduled before the Area Council on December 2, 1987 in San Luis Obispo. Last year the Area Council modified their pro- cedures and adopted a policy to encourage each city to hold a "local" Unmet Transit Needs Hearing before their city council with our staff sup- port to obtain testimony from citizens in their jurisdiction. The pur- pose of these "optional local hearings" is threefold: It addresses prior requests by the transportation-disadvantaged that have difficulty in getting to the regional hearing; it allows local citizens to address their transportation concerns directly to their legislative body rather than a regional body; and it allows each jurisdiction's city council to be directly involved in the unmet needs process. Should you desire to have such a hearing, we would provide the staff report, assist in advertising and present the background information to your city council. The testimony provided at these "optional city council" hearings would be evaluated by our staff with input from our advisory committees to determine whether such requests are "reasonable to meet." It would be our intent to present this information to your Council ' to allow you the maximum opportunity to participate in the process, con- sider the request and our analysis and forward an informed recommendation to the Area Council for their final deliberations. County Governmem Center, Sate Luis Ohispo, CA 93408 (805) 549-5710 Please review this proposal with your staff and city council and inform us as soon as practical so we can prepare the necessary materials and assist in advertising. If you have any questions, please give me a call at 549-5714. Thank you. Sincerely, PAUL C. CRAWFORD, AICP Executive Director RONALD L. DE CARLI Program Manager cc: Citizens Transportation Advisory Committee members. OACC City Delegates V/ICI,Lty Administrator RLD/cl/7312-1/87 10-28-87 d w Public Works Director Paul Sensibaugh reviews the boundaries proposed by PG&E and staff. Paul notes that this is the second public hearing on this issue. Staff did speak at a recent Business Improvement Association Meeting regarding this subject, as it affects the downtown area. Community Development Director Henry Engen clarifies that there is a $30 permit/inspection fee for utility hookups. Staff will be coordinating with B.I.A. representatives regarding process and timing of inspections. In response to questions, he notes that the fee is a normal inspection charge, but could be waived, if Council directs such. Wayne Cooper of PG&E, Jess Lee of Pacific Bell and Tom Hatchell of Falcon Cable T.V. are outside agencies staff representatives on this issue. B.I.A. representative Kirk Pearson states his support of this viable improvement to the downtown area. The B.I.A. intends to coordinate utility inspections with City staff. Mrs. Judy Mora, 5690 Traffic Way, who is included within the proposed boundaries, questions if all utility poles within the boundaries will be placed underground. Paul Sensibaugh clarifies that the boundaries set will not auto- matically determine that utility poles within it will be placed underground. Depending on bid results, some poles on outer perimeters may not be placed underground due to lack of funds. Paul clarifies also that if the two utility poles at the 5690 Traffic Way site are not placed underground, they will be relocated, at no charge to the property owner , by PG&E. MOTION: Councilmember Bourbeau moves approval of Resolution 118-87 ; Councilmember Mackey seconds; Motion carries 4-0 (Mayor Norris absent) B-2 ATASCADERO UNMET TRANSIT NEEDS A. PUBLIC HEARING B. REPORT ON WEEKEND AND EVENING DIAL A RIDE TAXI SERVICE Ron De Carli , San Luis Obispo Council of Governments represent- ative, presents this item. He states that a portion of State sales taxes are used for transportation needs. Prior to utili- zation of these funds for road improvements, State law requires that public hearings be held to determine and meet all viable transit needs. . After local imput, an additional public hearing will be held at the County seat on December 3, 1987. Atascadero presently has weekday Dial-A-Ride services and access to a county-wide handicapped service. All needs presented will X to 0J nrH pr � cD rr CL W belater evaluated by the Area Council for acceptability/cost effectiveness, and thereafter acted upon. Determinations will be i presented back to Council at a later date. It is clarified to Mr. Ed Hecco that the Dial-A-Ride service provides a "main line" transit service, but does not prohibit an independent taxi service in the area. No other public comment is given. Councilmember Borgeson states that she has received a petition with approximately 50-75 signatures requesting weekend transit services, and requests this request be considered by the Area Coordinating Council. Public Works Director Paul Sensibaugh feels that a weekend taxi service, at this time, is not economically feasible .in meeting minimum required fare box ratios, required by the State. Councilmember Mackey echos Councilmember Borgeson' s concern that a need does exist for weekend transit services, even if it may not be economically feasible at this time. MOTION: Councilmember Mackey moves that the Atascadero Transit Needs Report be forwarded to the San Luis Obispo Area Council for consideration as an unmet QPneed, and request formal action, and that action be represented to City Council at a later date; Councilmember Bourbeau seconds; Motion carries 4-0 (Mayor Norris absent) C-1 FINDINGS FOR DENIAL - TENTATI.VE PARCEL MAP 27-87 - 7565 SOMBRILLA AVENUE (LOT 3 OF BLOCK E) - SUBDIVISION OF. 2 PARCELS AT 1. 46 ACRES INTO 3 LOTS , RANGING FROM 20 , 000 TO 23 , 100 SQUARE FEET EACH - BRINK/CUESTA ENGINEERING (Cont ' d from 10/27 and 11/10 87 Council Meeting) Community Development Director Henry Engen reviews previous Council action, conceptually denying this proposal due to deensities, terrain unsuitability and inconsistencies with the General Plan. Staff has presented formal findings for denial, per Council request. John Falkenstein, Cuesta Engineering and applicant representative states that the applicant is not present at this meeting, and that he will later be re-proposing to a two lot lot-line- adjustment instead of the present three lot split. Henry Engen clarifies that there is presently two existing lots, and applicant would be re-proposing relocation of the existing boundary in a lot line adjustment. Council declines to comment on any alternate proposal at this time. _ %tom` r "` f ,+q f C7DWO L.L,l 1WURC.L,7r F't I NUVES e�- �, APicH S b. t r, f' ar fo Pre 2 t<• aur�cii. r r `d car'}' Qr►;;" ffi i rb. ydr'_i Ab A tt�f �r*es*pt: Mlili shek1 t�or�, City l git # ;Tohhq qr SU {" w '` � eJnr y ,{(��' ry ,1,".1gb `, I Cs. fl • ' floc � f "k t. _ .,'�.. 3t a' "fit Ch �..� ,1J, Attly,�. Sgt. 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Ma�ca#' �3 r�� � CA iwt mart; Ma b th r•ec p i:ertt' a1E" tFi a ?,+ r ,; tx edlc4t ed' efft r tis .: f*'r the cclus, of` tree i n f{y / ' x r° � z 4.t } Solid 1tarr , Marr r �tr t ?d AftaV, t, Bo• r< f. af. iurs« ,has � .. the Sialid. & 6�,s" arcldusami ritm `sssroo mmae daft c� ar - or riling 'the: _ 1 *4t4�' { rgtsthat Sa a 8'isrs. ccan9 �` del+ a +� to Baca tta" rdQus au st iite '. avh h w6uld .�a'f-f_,. «£ art ' tasa u 'w .`da mat a 't ' no)u h wast' to juit fy.14 w st oatmen�, fac",�:�'t t . Mr. Soni"ugh,,, Pub ha��? ` ih€ ciud fay . z4t a M.', 'Chum. r r �"a. 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Approval of Temporary Full-Time Contract Employee Agmt.- Eric Porter - Commun. Devel . Dept. (General Plan Update Program) 6. Acceptance of Santa Ysabel Rd. Reconstruction Proj . - Cert. of Acceptance 7. Acceptance of February 1988 Treasurer 's Report S. Acceptance of February, 1988 Finance Dept. Report There was no public comment . Motion: By Councilwoman Mackey to approve the Consent Cal- endar , - seconded by Councilman Bourbeau; passed unanimously by roll-call . H. HEARINGS/APPEARANCES/REPORTS 1 . Proposed ZC 1-88 - Tree Ordinance Initiated by the City of Atascadero (Cont 'd from 11/10/87 Council Meeting) A. Public Hearing H. Ord. 168 — Amendment of the City Zoning Ord. text relative to tree protection (FIRST READING) Mr . Engen, Commun. Devel . Dir . , gave staff report , including alternate language for subsection ( iv. ) , Performance Bonds, and responded to questions from Council . Councilwoman Mackey read a prepared statement noting the members of the Tree Committee, reviewing its history ( from 1985) and noting changes to the proposed ordinance requested by the members. She expressed her hope for approval of Prop . Ord . 168 with the requested changes. Public Comment Lydia Kellerman, 5463 Honda, read an article published in Et Cetera about "rare oaks park preserve" , noting the extreme im- portance of preserving the (mostly 80-year-old ) oak trees in Atascadero and speaking in support of this ordinance. Dave Baker , representing Atascadero 2000 and the No . County Contractors ' Assn. , spoke in support of this ordinance favoring a 6-month review. Steve LaSalle, 7505 Marchant , Tree Committee Member , noted the Committee ' s support for the proposed ordinance with changes as requested and spoke in support of Council retaining authority for review of the certified arborist . 3 Whitey Thorpe, resident , expressed concern regarding taxpayers ' rights and regarding possible "frivolous" spending relative to the proposed work of a certified arborist . Bruce Boyles, property owner in Atas. , feels this ordinance would violate his civil rights. David Keele, Cal Poly Professor , expressed he was requested to come respond to specific questions relative to the area oaks. He spoke of the biological needs of the trees. Linda Shoff, resident , read a letter from Alden Shiers, resident , expressing his support and concerns for a strengthened tree ordinance. Ted Young , 9010 San Diego Rd . , expressed that the language allowing for possible issuance of a stop work order is harsh and contradictory, when $1 ,500 performance bond is also a proposed requirement . Carol Todd , Creston resident , expressed support for this ordi- nance. Ursula Luna, 10600 San Marcos clarified a concern expressed re- • garding the City ' s expense in the case of a second opinion by an arborist , noting the City has incurred this in the past . She supports a strong tree ordinance. Dorothy McNeil , resident , asked if exemption discretion ( re: p .3 of Exh . A) is left to Commun. Devel . Dept . staff; Mr . Engen responded that precise plans are done at staff level , c .u.p . ' s at the Planning Commission. Elaine Oglesby, resident , expressed delight with Atascadero being a "Tree City U.S.A. " and supports protection of our trees. Jack Licari , resident , asked several questions relative to this ordinance ( i .e. , cost for an arborist ; is applicability retro- active; is it a growth deterrent ; can it be placed on the ballot ) and Mr . Engen responded . James Patterson, 9312 N. Santa Margarita Rd . , expressed support for this ordinance and concern over its enforcement . Sheila Wynn, resident near Santa Margarita, expressed support for adoption of this ordinance. Steve Davis, resident , asked a hypothetical question relating to application of the ordinance, to which Mr . Engen responded in reviewing tree removal criteria. 4 • Mike Arrambide, 7243 Del Rio Rd . , expressed concern about imple- menting this ordinance due to lack of manpower , although he supports it . Vince Lavorgna, 9120 Santa Barbara Rd . (outside City limit ) , commented that this is a matter of integrity, noting the good faith efforts of individuals in efforts to comply with local-- often costly -- tree protection criteria and added that such experts can be wrong . Speaking a second time to express their additional concerns were Lydia Kellerman, Whitey Thorpe, Ursula Luna and Jack Licari . Discussion was closed to the floor and came back to Council . Motion: By Councilwoman Mackey to approve the Tree Ordinance, taking into consideration the amendments suggested by the Tree Committee, to review after six months, and to read Ord . 168 by title only. Motion seconded by Councilwoman Borgeson; passed unanimously. Mayor Norris read Ord . 168 by title. Mr . Engen inquired whether the motion intended to modify the language requiring City Council public hearings for heritage tree removal and was answered in the negative. Motion: By Councilwoman Mackey that this constitutes the first reading of Ord . 168, including amendments as noted , seconded by Councilwoman Borgeson; passed unanimously by roll-call . COUNCIL RECESSED FOR BREAK AT 9: 10 P.M. MEETING CALLED BACK TO ORDER AT 9:25 P.M. Relative to the previous item, Mr . Engen commented on proposed Res. 27-88, followed by Council discussion. Motion: By Councilwoman Mackey to approve Res. 27-88, sec- onded by Councilwoman Borgeson; passed unanimously by roll-call . Motion By Councilwoman Borgeson to direct staff to bring back a recommendation for a standing tree commit- tee for Council consideration, seconded by Councilwoman Mackey; passed unanimously by roll- call . 5 2. Presentation by B. I .A. - Planting of trees in downtown area Kirk Pearson of the B. I .A. reviewed the report included in agenda packet and he responded to questions from Council . Councilwoman Mackey expressed her desire to donate a tree she received as a retirement gift from the library intended for planting downtown. Public Comment Steve LaSalle, Tree Committee member , indicated the Committee has a tree to donate for planting . Joe Grisanti , downtown businessowner , expressed dissent with the BIA ' s priorities and urges downtown parking be addressed before tree planting . Mr . Sensibaugh , Pub . Wks. Dir . , commended the efforts and volun- teer time of Eric Hagen, local architect , on this project . Council conceptually approved the continuance of the tree- planting program; there was no formal action taken. 3. Proposed ZC 17-87 - Freeway signs - Initiated by the City of Atascadero A. Public Hearing B. Ordinance 167 - Amendment of Zoning Ord. text relative to freeway identification signs and pole mounted signs (FIRST READING) Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Public Comment Kirk Pearson expressed concern on behalf of downtown businesses as to how this ordinance would affect their signage. Mr . Engen responded that it would apply only to new developments, not to pre-existing conforming or non-conforming signs. Ted Monmonier inquired as to how the ordinance applies to rooftop advertising in the form of, for example, antennas or satellite dishes. Mr . Engen responded that , in general , if the item in question is used as part of the business it ' s allowed ; if it ' s a sales display, it is not . Joe Grisanti expressed that too much restriction will drive people out of town and the City will lose tax revenues. 6 i Robert Nimmo expressed his feeling that the 10,000+ sq . ft . required to qualify a business for a freeway sign is discrimi- natory; also , that if the business isn ' t related to freeway traffic (e.g . , lodging , service stn. , etc . ) he doesn ' t under- stand the need for a freeway sign. He feels paren. 3 of Exh . C should be struck from the proposed ordinance. Council discussion ensued relating to concerns expressed . Motion: By Councilwoman Borgeson to approve staff recom- mendation and Exh . C, amending the Zoning Ord . sign provisions, and to read Ord . 167 by title only, seconded by Councilwoman Mackey; passed unanimously. Mayor Norris read Ord . 167 by title only. Motion: By Councilwoman Borgeson that this constitutes the first reading of Ord . 167, including staff-recom- mended Exh . C, seconded by Councilwoman Mackey; passed by 4 : 1 roll-call , with Councilman Handshy • opposed . MAYOR NORRIS LEFT AT THIS TIME (APPROX . 10:00 P.M. ) , ASKING MAYOR PRO TEM BORGESON TO CHAIR THE MEETING. 4. City of Atascadero 1987/88 Mid-Year Budget adjustments A. Public Hearing B. Res. 25-88 - Amending the 1987/88 Fiscal Year Gen. Fund and Capital Prop . Fund Budgets Mike Shelton, City Mgr . , gave staff report . There was no public comment . Motion: By Councilman Bourbeau to adopt Res. 25-88, sec- onded by Councilwoman Mackey; passed by 3: 1 roll- call , with Councilman Handshy opposed and Mayor Norris absent . C. UNFINISHED BUSINESS 1 . Presentation on bid results - Traffic Way surplus property Mr . Best , Parks & Rec . Dir . , gave staff report and discussion with Council followed . There was no public comment . • Motion: By Councilman Handshy to concur with staff recom- mendation to re-bid the Traffic Way lot and not require minimum bids based on the appraisal value, providing Council may reject any bids deemed inap- 7 propriate, seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Mayor Norris absent . 2. Police Facility Purchase Agmt. Acceptance by Council Mr . Jorgensen, City Atty. , announced that the signed agreements have not been received from the seller , and he recommended con- tinuance to 4/12/88. Motion: By Councilman Bourbeau to continue this item to Council ' s April 12, 1988 meeting , seconded by Councilwoman Mackey; passed unanimously. D. NEW BUSINESS 1 . Council review of Planning Commission vacancy Mr . Engen, Commun. Devel . Dir . , gave staff report and discussion with Council followed . Public Comment Mike Arrambide, on behalf of Atascadero 2000, conveyed concern regarding Ord . 101 language which requires resignation of Plan- ning Commissioners who file for elective public office, asking Council consideration of removal of said language and the rein- statement of Mildred Copelan to her seat on the Planning Com- mission. Sarah Gronstrand , resident , agreed with the comments of the pre- vious speaker regarding Mrs. Copelan ' s competence, however she supports Ord . 101 . Motion: By Councilman Bourbeau to direct staff to adver- tise the vacancy on the Planning Commission and invite applications for Council consideration and interview at an appropriate time, seconded by Councilwoman Mackey; passed by 4 :0 roll-call , with Mayor Norris absent . Mayor Pro Tem Borgeson requested that staff work closely with the Mayor in setting up interview times . 2. Council consideration regarding appointment of an Int. City Manager Mr . Shelton, City Mgr . , gave staff report . There was no public comment . After discussion, Council consensus was to interview applicants as per alternative #2. 8 Motion: By Councilman Bourbeau to obtain a list of six candidates through the League of CA Cities Public Service Skills for City Council interim appoint- ment consideration, seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Mayor Nor- ris absent . 3. Authorization for No. County Cycling Club to hold a "Cri- terium Bicycle Race" on May 22, 19BB, and authorization for closure of appropriate streets Ed Goshorn, Race Director , spoke in support of this proposed event and responded to questions from Council . Mr . Jorgensen, City Atty. , confirmed with Mr . Goshorn that the City will be named as an additional insured on the liability insurance policy ($1 million, provided by the U.S. Cycling Federation) and re- quested that proof of coverage be submitted to the City approx . 3 weeks prior to the race. Mr . Sensibaugh , Pub . Wks. Dir . , noted that it is the obligation of CalTrans to close Hwy. 41 & W. Mall and the City would merely consent . As to E1 Camino Real , the City would authorize closure at Morro Rd . and at Traffic Way. Sgt . Watton, APD, noted that Lt . Hazelton has discussed the City ' s concerns with race organizers; also they ' ve agreed that officers needed will paid by the race committee. Public Comment Sarah Gronstrand spoke in support of this event . Motion: By Councilman Handshy to adopt staff recom- mendation, excluding Note 1 of contingencies and requesting staff to return with cost estimates for further consideration by Council , seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Mayor Norris absent . COUNCILMAN HANDSITY LEFT THE MEETING AT THIS TIME ( 10:55 P.M. ) . Motion: By Councilman Bourbeau to recess as Council and convene as the ACSD Board of Directors , seconded • by Councilwoman Mackey; passed unanimously. 9 E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1 . Award of Sewer Master Plan Engineering Agmt. to CH2M Hill in an amount not to exceed $24,900 (cont 'd from 3/8/88)' Mr . Sensibaugh , Pub . Wks. Dir . , gave staff report . There was no public comment . Motion: By Director Bourbeau to adopt staff recommendation and enter into the attached agreement with CH2M Hill for the amount stated $24,900, seconded by Director Mackey; passed by 3:0 roll-call , with Director Handshy and Chmn. Norris absent . Motion: By Director Bourbeau to adjourn as ACSD Board and reconvene as City Council , seconded by Director Borgeson; passed unanimously. F. INDIVIDUAL DETERMINATION City Council - Councilman Bourbeau noted the acoustical improve- ments in the Rotunda Rm. Councilwoman Mackey expressed her opposition to a proposal to rename Atascadero Beach to Morro Strand , and noted she hopes to attend a local meeting of the State Parks & Rec . Commission on April 8th for discussion of the issue. City Manager - Mr . Shelton commented on the recent closure of the Lake Pavilion Building and indicated the Pavilion Committee will be meeting to discuss an opportunity for the acquisition of a 6,000 sq . ft . metal facility for recreational purposes at Atas . Lake Park . MEETING ADJOURNED AT 11 :00 P.M. MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY: CINDY WILKINS, Dep . City Clerk 10 � t , fif r2- TO TONY � 1 s � z 4ito � pity m er -tvriltAlIti*4 ac t: Mai , RAu a Zit "A",L " ai t n kis T -Oft voLt1 two � +may do r �a}'�„.fin 1 �b$�th �'l iris Cpipi 8iFe►n i6or k 13EF r'Above�efer4 subj :� 'APPr '$ tViTji #+iV,i+i'R"t-'+ 31R`IF iii'+,,�C', 1W `t an y �arov�y (i rev�f Ungoago r fi'adi - #i fit` f x. �y �.. 7orC'3v With .fi' di g ;,r` ,,q ,y �+ r �� r l r r .:,C`3. s, ',Ybr. 4 ( fir. - to Q Ver� � et. Code 64�w .r < t” wee ,r fr yt a. ` t }e yyy y, biatch 196 VI ?r ✓ f ' t ,V•`• � 1410 4 '' J� #f bwn r S Y e $ , f t 7 , czar L ST r mw 19 0 r. •" A3t4t maj� W two td can 1 �, f r ' yawn+ i 6.20 st rIF:•, � t� =r s ♦ . ::w+ a v#. +'�`w ." ' _° ,� � �' '. 1 '- - s s Leg capt� �t r' ygy PR�}} - F ,tier !^a�!F� i 4 � 4FE � `� l C 1 F to i,w M F' 4 0 � �Ft. h1 TO po (Cla as $" ' CAU _r ii Como S' 4. vdulrs c � t � 1 dic�wi i-P;.of ' ih g atod pa i s xto ad d 4a; . . ec �� "tP 'girt ' eachbW • 0 The approval of a condominium tract map requires several procedural steps mandated by State Law. The procedures deal with the notification of tenants and offers to sell the units to the existing tenants. The applicant has notified the tenants of the filling of the application for conversion as per State Law requirements. Comments were received from several outside agencies. Our Fire Department noted the need to conform to several Fire Code house keeping items. The Building Division noted no problem with the proposal. The Southern California Gas Company has indicated that the site is served by a 2 inch main in Las Lomas Road. If additional gas mains are installed, they will need to be within the Public Right-of-Way or within approved easements. The existing gas lines on site will need to be covered with appropriate easements. The proposed conversion from apartments to condominiums will modify the sewer connection fee requirements. Any fees charged previously will have to be amended. This conversion present no special planning concerns to the staff. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Tract Map 1- 88 based on the Findings in Exhibit C and Conditions of Approval in Exhibit D. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval JM/jm EXHIBIT A - LOCATION MAP CITY OF ATASCA Tent. Tract Map 1-88 DERO 9780 & 9790 Las Lomas s~ (Montanaro/North Coast En) scrn— COMMUNITY DEVELOPMENT DEPARTMENT SITE 9780 & 9790 R c Las Lomas 'l f_ TTM 1-88 �— REE FZ ' . Eta MF-4 6) ' ; lcoarE i 1 RSF -?R F `'� '0 \ E 46' Ob09 \ ♦ / i �Vi. v �� V �)�• �v9 / P it v > / ) O CO HO a o a ' o i Q p a CR ? J l 4yE CT C T T j 4 CS i� 4504 ER JJJ P i � / / \qP 4 , E ,��._ RS ! EnHIBIT B - TENTATIVE MAP '1 I CITY OF ATASCADERO Tent. Tract Map 1-88 a�, •Y•E �+• • �� 9780 & 9790 Las Lomas (Montanaro/North Coast En) — 'D COMMUNITY DEVELOPMENT DEPARTMENT 2<. LA5 LOM,43 AVENGE _ — ---- - - - TENTATIVE MAP Ll./—e,AD/V/S/OA/FDR CONDOM/N/UM ` � PORvnSES-OF vAgcEL.ZOF C07G-G6 45 RECO90E0/A/BAOK ZZ PAGE 53 CL� PARCEL MAPS AA19 PARCEL B OF N"5'y I G4.72' I I C0-7B-19Z AS RECOROEO/A/800. 27, it PAGE 5/o<PAQCEZ HAPS /N TN6 t/TY OFA7-ASCADEPO COUNTY OF SAN LUIS OB/SPO/GAL/FO.C>N/A - uN,r ZS w.7 R wlr O i3 n N .t ' C o-....-CO.78'BZ—_-- Q s i --- -r ti 0N/7 S m ` 27PH 5/ qO AP".V-472-4 e. Asp � I 1 ZZ GM 53 �YYa JF 'r?a sr- ,tP.v 30-472-3 - �y OWNERS CERTIFICATE u7Ylr7 UN/r6 UN/r9 }. ---- -ylJ'— /E�s ��' "tY � � ^ 9i wdr!D+ pD«l luaMAo, r�q.. 3T.i ,o /Js•f. d __ _1; AtR[iJtu51 J `Yj wa-en..r of.eao ovllI'a �YuaNi.a 1� 1.1 . 1 >: 7-.5 dam !A ENt L/3�:/DS $(e 7. �r N«e.a 0.n..Hocer�cA m HowMrn<a GO 02 205 32.Sy' GO OR 239 OAQCGG 3 ENGINEER'S CERTIFICATE C074-66 - - _ .! t{, � haraDY artl of Uf mop w.ppvfG unGr mY may „ ,�w � �Ip' wp«f oMt U.D.al of my kno.l.a0. conpOn � 9m Epi. DDI«. IT�• 1°1 i4 L 9TEKN A RCE,99745,M 0/91 DATE 0 10 20 I0 I�^ - .i -✓s3. iF 2 .. - �` SCALE 1"e 20' `CA - V/C/N/7Y MAP ��QOR^H COAST ENCIN£ERINC/NC N.rJ LTO MINS ffY- SNT/0c/ �L-/Jv a a EXHIBIT C - Findings for Approval Tentative Tract Map 1-88 9780 & 9790 Las Lomas Road Montanaro/North Coast Engineering March 1, 1988 FINDINGS 1. The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation , densities and other policies. 2. The creation of these parcels, is categorically exempt from the provisions of the California Environmental Quality Act (Section 15301 (k) ) (Class 1) . 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and 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 the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. 8. The proposed project is in compliance with the City of Atascadero' s Appearance Review Manual Guidelines. JM/jm EXHIBIT D - CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 1-88 9780 & 9790 Las Lomas Road Montanaro/North Coast Engineering March 1, 1988 CONDITIONS OF APPROVAL 1. The applicant shall establish Covenants, Conditions, and Restrictions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of the site and the buildings. a. These CC&Rs shall be submitted for review and approval by the City Attorney and the Community Development Director prior to the approval of the final map. b. These CC&Rs shall be administered by a Condominium Owners Association. 2. The open space/common lot shall be designated as a Public Utilities Easement. 3. A soils report or an Engineer' s certification stating that the existing soils on the site are adequate to support the proposed structure as per Chapter 70, subsection (e) of the Uniform Building Code shall be provide prior to the recording of the final map. 4. All requirements of state law (Subdivision Map Act) concerning the conversion of occupied residential units to air- space condominiums shall be complied with. 5. A final map, 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 Lot 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. 6. A fire safety inspection of the proposed condominium complex shall be completed and all fire code deficiencies shall be corrected prior to the recording of the map. 0 0 7. The applicant shall pay all appropriate sewer fees in effect at the time of the recordation of the map, to include sewer connection fee per single family dwelling unit as established by City Ordinance. 8. Drainage mitigation fee, as determined by the Director of Public Works, shall be paid prior to the recordation of the final map. JM/jm Minutes - Planning Commission - March 1 1988 3. TENTATIVE TRACT MAP 1-88 : Request initiated b Richard and Mollie o i y M ntanaro (North Coast Engineering) to convert two existing developed multi-family lots into 13 residential condominiums and common lot air space. Sub- ject site is located at 9780 & 9790 Las Lomas; legal description being Parcel 2 of CO 76-66 and Parcel 3 of CO 78-82. Joel Moses presented the staff report, noting that this was a request to convert to condominiums two existing lots containing 13 residential apartments. Richard Montanaro, applicant, indicated that the proposed conditions of approval are acceptable and that the project is sur- rounded by condominiums and that all the tenants have been notified pursuant to State law. Commissioner Nolan inquired of whether the project met current landscaping standards, and the response being that it probably did not. Joel Moses advised that there had been a recent Supreme Court decision striking down efforts of a Southern California , community to require retrofitting of pre-existing apartment buildings before they could be converted to condominiums. It was agreed that the density of the project and the parking requirements exceeded cur- rent standards. There had been past consideration of adopting a con- dominium conversion ordinance but no action taken. Steve DeCamp noted that standards can be imposed when the building permits are taken out but there are limitations on establishing standards that could not be met in the course of condominium conversions. With respect to the required map act finding for consistency with the General Plan, this project does not conform to current density standards but did with those that were in existence at the time the original buildings were constructed. Commissioner Bond indicated that changing from apart- ments to condominiums did not generate issues that could lead him to vote for denial. MOTION: Made by Commissioner Bond, seconded by Commissioner Copelan to approve TTM 1-88 subject to findings of Ex- hibit C and conditions of approval of Exhibit D. Commission discussion ensued with respect to adding a condition (9) requiring "bringing landscaping into conformance with any prior ap- provals prior to filing of the final map" . Commissioners Bond and Copelan agreed to incorporate that condition aspart of the main mo- tion. There was then discussion relative to the question of the exis- tence of original landscape plan. g P MOTION: Made by Commissioner Bond, seconded by Commissioner Copelan to strike the proposed Condition No. 9 from the main motion. Motion carried on a 5 to 2 vote, with Com- missioners Lopez-Balbontin and Nolan voting no. The vote on the main motion to approve subject to staff report find- ings and conditions of approval made by Commissioner Bond, seconded - by Commissioner Copelan then carried unanimously. C. PUBLIC COMMENT There was no public comment. VlAt Mlohaoli.,sbeltort, lcity ,Man4ger PR nrYamity !P"410pxen . i iv4P$v l -0 '-`88. /'"� �+ly yy� ��y1. �'�/�y res � �n r v+�'�y. two oAc es / Fe �� �• � � ti C *hi Pl nt�i�` t *tom `�� 4 �` subject, apO)POVO � u� et.,.. w. ieingd in ccha�dt staff thy., � � kt �xc ti » �y fJVB� ',4 - C ttt Live Pi p . 8 '` �r the, Ila P \ Vs. �D � +.lF to fir /+ tii + 14� � � � •� � � xx � e ,�,:�. rf� r � �� � w r t t r� C3' tom_ " � 3 F rk > to ". BY: , 60ciate Gln ' + ` ez,' Boni=ti 2 +fintot r wo + " t .- M ¢Y+p6: Wi As r � yojctd�3 " +r i Sant G v 3 .Lea l J�s�e.�.pcv3:+fir,t �. f w k. Q w."i'iw `"i •.'+@► +► ♦ ;.i'"��lw' � It '` i .. lo ".�Mt ,fi9 �ri�i .� f i► i i.i�ik# w wt�ir.w k�i i ♦ w i w •s' 'i"4 67� �� (r7 �,C �� '� • .ng"• r . ♦ • w + . . #,. i'i�a .w i [,� +i�r 11 Su tb w 'iF l .{"'v t t e ' ,`S Negative tk�ms ��{,r� '7 yy�.�6,q �i �.'4avi" ltt 2 2�t k ; - 1 4�R-iir w-.'s • :r w• w i'��' {r�. �` w �riR �ie� iw ^, �• n t fiNiU grc�" ata " d i3" to Ali, 4 lot itr � + e, ras acr PASW 'cc rier t ' ' e4 ir, �+� '�i ia!iJ"�i."Y ,lJ' +t ♦ waw i s".,, -:♦ s�t is w •Vii � abli '£A.�n"+� #,,. y,� w ar •a,w ♦ w':# i yf► -' dYy it °_ _ �.� �Q��k�`."� �'�'.7E` ..�i+:�s � L1+�� +s#+i�+�.s.a ar it ♦;+it'��%�#e t a t�,r � � '+s 0- AV .L / a t # w w't it+ w w s i• w,;s w • w�• +..w s_► rt' a+'P4+r� J r , r� a r,- The proposed lot size of 4. 14 acres is larger than the minimum lot size required for this site. Comments were received from several outside agencies. Our Fire Department and Building Division noted no problem with the proposal as long as the existing codes and standards are followed in the development of the parcels. The Southern California Gas Company has noted that the site can be served by an existing 3 inch main in Santa Ana Road. If additional gas mains are installed, they will need to be within the Public Right-of-Way or within approved easements. Falcon Cable noted that services are not available to the site at the present time. They did recommend that when utilities are developed, appropriate conduit should be installed. Pacific Gas & Electric contacted the City and indicated no problems with the proposed parcel map. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 2- 88 based on the Findings in Exhibit C and Conditions of Approval in Exhibit D. ATTACHMENTS: Exhibit A - Location Map . Exhibit B - Tentative Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval JM/jm CT EXHIBIT A - LOCATION MAP ..., :., . CITY OF ATASCADERO Tentative Parcel Map 2-88 10705 Santa Ana Road COMMUNITY DEVELOPMENT Dohan DEPARTMENT / Twin Cities ?� G,�'` POR 9y90►� L d SITE ; 10705 Santa Ana Dohan/Twin Cities RD,� •____ TPM 2-88 RS ' RS 1 D, RO,0 • 0 L( H} RS ` 14 NF /5'Nt i ,NT, --- �� L(FH) DOq D RS i r • o 0 0 �ROAD W Y\ R S ll4ND �� 0 OZ EXHIBIT B TENTATIVE MAP A. .',., CITY OF ATASCADERO Tentative Parcel Map 2-88 `s�` scw COMMUNITY DEVELOPMENT 10705 Santa Ana Road DEPARTMENT Dohan / Twin Cities ! .•M r'i• .rr • •wV111ING TENTATIVE PA ML HAP ATATDVM _OWNER•S CERTIFICATE • .. n wz .. rN Ml Cpv d.�urwo. n 1 M�rwsam Lo�.Yw+u.R«�fnK Zvi .9 14 Ys O Y«uN d.10,fi.R d tr�Mwru ` WI tfnw nr+ n.wonD Y.Yd...h.op.N•i.f.a ,.�,.yyr� p��y.p„�.�frq�y.� • ��wW s wM M uMw. '� TM wI w rrr.rre l<aai m ti Wt M«'1 fwKa.Y. � ���` VICINITY MAP wu w. v.er.rwfa. ra rw • rr _ rrsv - Yr n• _ -�y�,� Ali, �•; ����•-���--_� ,, ,� 1.07 f.13 TWIN CITIES ENGINEERING.INC. TiW11}pY,Uawne«u rYp)M wM NOTE-: OAKS OF VARYINC1 517-e- ARF- 7TEKE0 TH'RCU61HOUT THIS Lf-->T. 0 0 EXHIBIT C - Findings for Approval Tentative Parcel Map 2-88 10705 Santa Ana Road Dohan/Twin Cities March 15, 1988 FINDINGS 1. The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and 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 the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. JM/jm 0 0 EXHIBIT D - Conditions of Approval Tentative Parcel Map 2-88 10705 Santa Ana Road Dohan/Twin Cities March 15, 1988 CONDITIONS OF APPROVAL 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the frontage of each parcel or its public utilities easement prior to the recording 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 developer at his sole expense. 4. Grading and Drainage plans, prepared by a registered Civil Engineer shall be submitted to and for review and approval by, the Community Development and Public Works Departments prior to the issuance of any building permits. 5. Obtain an encroachment permit from the City of Atascadero Public Works Department, and construct City Standard driveway approaches prior to the final building inspection for any building on the site. 6. All lot grading and drainage improvements shall require written certification by a registered Civil Engineer that all work has been completed and is in full compliance with the approved plans. 7. All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards. Prior to the final building inspection, said engineer shall submit to the City written certification that grading is in conformance with said codes and standards. 8. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date 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. 9. 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. JM/jm PLANNING COMMISSION - MINUTES EXCERPT - MARCH 15, 1988 the Cit . Sta Y recommendation is to init to consideration of the name change. In response to ques ' on from Co issioner Hatchell, it was clarified that this wo d save the $330 fee but still will require the review by the va 'o emergency service agencies to be sure there is no street n conflict followed by a hearing by the Planning Commission. There was no public c ment. MOTION: Ma by Commissioner Bond, sec ded by Commissioner atchell to initiate considerati of the suggested name change. 2. __ Tentative Parcel Map 2-88 : Request initiated by Bill Dohan to subdivide 8 . 28 acres into two parcels containing 4 . 14 acres each. Subject site is located at 10705 Santa Ana Road; legal description being Lot 10 of Block 27 in Atascadero Colony. (Commissioner Lopez-Balbontin arrived at 7 :43 p.m. ) Steve Decamp presented the staff report recommending approval subject . to nine conditions . In response to question from Commissioner Michielssen, it was pointed out that this is a vesting tentative parcel map which was _enabled by state law to protect developers from changes to a general plan or zoning mid-way through subdivision projects . In this particular instance, it is unlikely that the tentative parcel map designation will lock in anything that may be subject to future change in the City. The meeting was opened to the public and Tom Vaughan confirmed that the standard procedure there is filing "vesting" maps in all instances even on smaller splits such as this . They have no problem with the proposed conditions of approval . There was no further public comment. MOTION: Made by Commissioner Bond, seconded by Commis- sioner Lopez-Balbontin and carried unanimously to recommend approval of Tentative Parcel Map 2-88 subject to proposed staff findings and conditions . 3 . Zone Change Request initiated the City of Atascadero to amend the Zoning Ordinan te?Xt_ to require that large scale non-residential and multiple family projects be reviewed and ap roved by the conditional use permit process . • r Apri1 12. 1988 -TO: �City Conci 1 Via. bike Shelton, City Manager From-, Bob, Beet, Parke and Recreation%: Director � p 4� ; ect; Atascadero Lake Project. ,. 1ane and e17ecif'icati6ns for" the c , ha r . been prcv d by -State,- Parke-ene 'Project will include: 1) Rctivated igen;. Zn�e eystem. ,`includdng all electrical , . 2) Bjofitt.railoriio � Wat+ r S `ttlement ,Basin; 3? Water 1y dine t , 4 41 E teion dfake.; atr Supply;Lane " l'r A`t" t+ 5} Island. Area JmVrovemment. incluc insk aquatic plartti�. ; 1 siltation basin- and silts fence. � F3.ans and epeoitipat io" for this pro:ject axe,. at + 1 et ,Parks and Recreation Department for review. 41 , ReCS�Tientat i x 1� - Authorize a 5taoff" t o e€al icit badecir the Ataeade bake mprdVement ' Projec,t, 'with bid award to be made, b . the a iter date? The project io being: funded. by' the tag§. f the Cali form .-P4.rk- and ecreat ionra 1 Fac i-l.I t ie Aot o ~ l is an tipated that grant funds ,wi 11 cc�m�l telt' "ii nd proje' dti. Total budget for the grant proj*ct .OW `X � - k 3 4 t w t > AT 110 P r , "f, THRt i3�1 a Shalt-on t. C--tyjn4, -'', rV I c - b , or. C�* 'a eMy Y n t f ! 2. i'' l: 1.,', f Re covmendati6m the aitt hid r ealu.t` rxn: ,e .t�bl k i i on• 1 o' A �rila ani~ the in � �� { ptk A tnue At ;t om. City "Cou.n,ci unc on L GA t o at the 44st ret.��� � ! thi�ar ctit�n z thi9, ' boat ion f�ir��e�- ab���r��ic�`n ; ��i+cl _• > tpt h demo nstraet*d 'a neo'd ` off' `awe d t .i Von Oe i } Thi ~ c s t the . ,C3ty n. `a� �t `� 0; pa'i'd o t th ;i. $ b,t r t r r ' t, , y 3 G - A i r y ✓ c x f E OL-U t� `i` � { CITY C Y 1 *,, 14 AU SJtiov � F' art o t C y Traf i" , 7,U -inrY Ltc�ttXdW ":STOP ant e � or�s ,;: d ;-tQ 1 l r t �wV ftAint i iv appr apr! -5m a rec tato 5Tro te ' +�< y oa ra i-c -piitiiiti :- ,, 'S` t • ' th At "mdato direct a, ja'4 li $ d aav 131SC1t7Yi e`tt til .Z £9iCtl°i . �' • on ti DO 1 r ` AT, ST Y" . a "ltd lc4My C12 } F,. Jo Jun Ci"ter t � Dirac �rF Q City, En i)` VXI , r, �5 ' � �' it qqttj�'^y� dyry� "sal TljROU i * r I SUBJRCTr Rorductlo 'Gtr sp it ♦ s _ 4A , Y f f att4o v�� r .i bo� to x f � ,i d . 'limit to' ' ; ' ze♦, � r � n a � w w �. Ga an in The thi A ti;op f in „ 'f , , ' r � TON NO. afl�88: MTO*," `, � "K �REDUC S *at-i�` r sof + -Code al I prc ar Peel I it, or ra� L � � Oro I of *thew �r��' iCyt r`Jr GS-G 3.64 .4F` Ut" NOW T , IT � 'ic ` . t r „ Ata* ` 'dl " ` � . .a `r limit. �b r 16 On � F MPH hi dren Ovil mo A0 t f-04 AYE`S 5 / A ee r- s T ATTEST'a� 'C it ? rk,, ,yy�} y]yyyr, ' � � �� � U a ~x -E 777- pm ENSt ICi tit tY2c, ' 1' ��t ` , Q Vno ME O R h- l T04 eit . council Members � `il 12 a FR,(*h I$idbael,.Sh6ltol'i''. , City Managrel' 5►# R7 +G `.' CLAIM Q=IAL . h REM "zY ' 4 City Council deny claim submitted by Tit y C-YA itto � La , .-for7� +�;claimant it Avan-i Lupi sk to `;t 3. 'a petson..il" injury / - h ' claim was' a er ed to the ��t��� I_ � -1�d � �r� he .reccmndtd yi r � e EV4 u V � tiz b' . .lwt 4. A VD U r �t n � N TO rx"t� far TIc [7i: 'Mi 'S� lcaxz yitt3a �C e; , r + Paul. Sioi#Hugh i' M-tec rr ..c J.icr l OK 19019 LocAl r * r x "'DATTs t it :a�' . CE#1 �t 3 C that' Council a oma . tam 64 01114 Or ap cavi A4, t f 11ov.ihg, ttans . .' ,'' iC�t` � T3C 3133 GYt - ' .� Atadar tilid* r> [. ✓- C` r r 04i tit sy'arttm i k 4 t , TOTAL Cl t; Mai*iterianco, 07 t ts. t` Cad2-'Q` Iia3 -A2icie' 'T -an pQrt tOn .Sy�t+s�lt k TOTAL CLAIM I C4uricll act; cn', 1-og whams kt Na to it*d, to recai :abt btata.c�n -x h � � r £ RESOLUTION NO r ' �" r , , 4 I'" bR ? m � rt ., r NOT im "'W, T �' Vi`µ � � ..QCT L >, $, .: aid def- Ch irp '4" 4,% h� F , Tot u WW txazcta id�npat-a ' andsr { E the + k f txaara'� ;c , da ; •ar cr�rdc ;tingtr' �� J is 8 $ham Saar =- ice a C s t -4dkai p Obi-gra", NOW ' � kF• ► ,' T S Vim: that'' k3 3 . � Ci ty �. At4 ads a ',Y' O ,". ho 4b� at:thori2 " th ' 3 i d: aim . or'' State ''Trans t s i 't ifioo ° '' .ods in t�a� �mO and & f6r • L60al Tra:s � da t t t dun 87 r 5 �, " .:I a t i s .°�` x r - aVair a l f:` ��� t� nd� ,;��I� � ua� far tho �it'I Thal 'tea attik6hed. ar to' k ' rtt :,tlret a part r+ r r :k t A " + t lOn rid C6unci."i an e ,� or,a 4o. . r ," adapt` i• .3.ta t1 �;ra .artR 1 G AYES 4 � r NOES ABBI rr Mott` r_ AT it • �,HMWITZ City n ,SPP ," 3t3.: `' CONTE i ' City n� iitdr CP ` ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS CLAIM NO. : TDA-AT-88/89 FISCAL YEAR: 1988/89 TO: San Luis Obispo Area Coordinating Council County Government Center San Luis Obispo, Ca. 93408 FROM: CLAIMANT: CITY OF ATASCADERO ADDRESS: P. 0. Box 747 CITY: Atascadero, CA ZIP CODE: 93422 CONTACT PERSON: John Bramble, Finance Mgr. PHONE NO. : 489-8000 This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended and applicable rules and regulations, that an allocation be made for the purposes and in the respective amounts as described in the attached Project and- Financial Plan claim form. Total LTF/STA funds being claimed are: $�389Tp56 . a) Annual (LTF) apportionment 387,964 b) Annual (STA) Funds 1,091 Operator Revenues $ 21 Apportionment $1,070 City of Atascadero (Claimant) By: Michael Shelton Title: City Manager Date: 4-4-88 This claim was approved by San Luis Obispo Area Coordinating Council at their meeting by Resolution No. 88- Title: Date: 3896-1/113/pg. 2 i • Page 1 of 2 FY 88/89 CITY OF ATASCADERO TRANSPORTATION DEVELOPMENT ACT ANNUAL PROJECT AND FINANCIAL PLAN Briefly describe all proposed projects (title and descriptions) the proposed use of these funds (by Article and Section of the Transportation Development Act) and the proposed expenditures for the ensuing year for all TDA funds including local transportation funds (previously SB 325) and State Transit Assistance Funds. Project Title and Brief Description. Purpose: PUC Article/Section Amount LOCAL TRANSPORTATION FUND # 1 Regional Handicapped Payment of City share of regional $ 22,118 Transportation System handicap transportation system (Article 4, Section 99260) # 2 Atascadero Dial-A-Ride Includes all direct costs related $186,590 Transportation System to operation of the City's Dial-A- Ride transit system (Article 4,. Section 99260 3 Central Coast-Regional Payment of City share of the SLO $ 6,400 Transit Authority to Atascadero commute run (Article 4, Section 99260 4 Fund miscellaneous Local streets, roads pedestrian $ 172,856 construction, recon- and bicycle facilities, Art. 8, struction & mainte- Section 99400(a) nance projects. • . i Page 2 of 2 Osect Title and ef Description Purpose: PUC Article/Section Amount STATE TRANSIT ASSISTANCE FUND 4� 1 Street Maintenance Asphalt overlays for roads and $ 1,070 streets within the City select system (PUC, Section 99313.3) CAC Section 6731(d) 4� 2 Atascadero Dial-A-Ride Operational costs funded from $ 21 transportation system estimated "operator revenues" operations/maintenance (PUC Section 99314; Section 67302) Total Claim for LTF funds $387,964 Total claim for STA Funds $ 1,091 Total TDA Claim $389,056 CLAIMANT SLOACC ACTION: CERTIFIED: Date: By: Michael Shelton Agenda Item Title: City Manager Resolution # Date: 4-4-88 5197-1/97 03-21-88 is c 1 "to!: - City 0un11I aL IMOO � :t' a:':x]t C ` � k N l •- ♦ 1 vAbMV% ; ?aril no ibat�Fh, i ara+ t Q ~`c E`• ub i.e e ' SAtls off, Sorpluo VOhicle8, , ^d& R"L* RIBkdoiaa �21t �."7 tJ3l r w tai +c car mOOdaF °that Counc 11 a voi � }. fir hayurp, u t v hacl a ar� r , sfd 3s: � ` tail s �c.+�csc�a that Cciu �i l y.aathi, .. si~ t . putt thy, rama► txn vtcsticzx u .. n 1 Diacpta*.s i ern f ouri�1 hss . ;prsvic►u� ,yelrc x4rpl- �. 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I 11 ,� , " , , , A 0 - I I � - ,� � I� "� I -- � ��,� �-- ",- , "'. �� �,� --� � ,I 2-f V x.,43 t e $ ' `+ C ► « 13h W - 1 s + Ali �'* r••, " lot I ant, AM 1 ZOE 77 a� 1 s '•I 1: '� �* i 7 :� f ; , r ti 77 oil,tj rF r �. lips, �a eon ,6nilF An ASIA , t �- .' ., xif VT n Ali " n l "R Thomas o as H. Gouff Star Rte . Box 44 Santa Margarita , CA . 93453 Atascadero City Fire Dept . City of Atascadero 6500 Palma Atascadero , Cid, 93422 3/18/88 To Whom It May Concern : Please accept our bid of $6 , 165.,00 on the Van Pelt fire engine being auctioned this afternoon . Thank you . Sincerely , . y Yoma�sH .�GO/U�/f�f i March 18 , 1988 Carl K . Jorgensen 9070 LaLinia Atascadero, Ca . 93422 Atascadero Fire Department 6005 Lewis Ave . , Atascadero , Ca . 93422 To Whom It May Concern : This is a written bid on one 1961 International Fire Truck per advertisement in legal notice of local newspaper . This is a cash bid of $3600 . 00 . Thank You , 7', ! Card K/ Jor"gens6n L/ ) 4" 7 I . -N L W, v , • GitVFai.F i f . fMOUta`H I tchae l "P, 'C t * Managor ti Mi- Le Itr* C'hi e t air Ck'pl'tl3t te a\w fez �r xr, �aal'itp � ae wl r tV obi- c�uxt == Air l" ►trix�xc { regard ng pc+e ibi its of Ioca. nt air° . ant ma `,fa�rerr. As rats i , h .' atl " the . tat €n site, was d fined to + € ` 'm6mattoii ng I oea;l ion. ,. : Initial y--,y `tho moo . no an pn�ti�ttlat+� *Atter liveI s4�. . e e�►rc l+ i 1 . c na t ring i. tc, ud n4 taind to perla,`ture and ,ao ar -raieti,on. k a The tab �tcrxra . station +�ould b+& IoCeted r `+ a +gin t e tire' st° tion Waite tvVit' e rte, ' cat t y ` :mdt a�Ie tre Ie. ,.o s ` the, A .C,1?-: Hca .d cheek' ;, ;tis tr en. >threp :times- weekely ,and" t, w",,' be ��e�e�i�Ie �Y till per'e iilel tQ ffiCiT2 t aqui 31 ©x', in Cha cif, t 3 The, t �rc� asieal data provided pcdad would Vre a ietermnianire weather cr�ttiia. zr�eta:.l:ing egoipaept de ` ixes `s.tata'�h Baa , dietzeseri hc� tvex� add 'ticsna rearchact e eed d prior- , tq recom end kion to At this, time ,the '. .D. r ue 3ti-n-i a 4 s \ Cawed . to lob, A. ,mbar xtc a �r %file" n die fay !(€ approved; . the A P.C.,D* / would eater- �.ntc� ��d �e �� � afire wri;th th"4 �c i -true to fthe -b rt sf ,t sh x +�f elqu PlUe' lca ated i At cad peg, I r•eca '� + + ` T the ,roque f ..� Y Y t if t A y\ � f Nauta tq, h el 3h Ito- f i 4 T z r 2 J ' her nc� r a ridi f "stat ou ort t monita *x% he- iii Q da :qu p 14, b, for H # � 1 1 wg L r AIR POLLUTION CONTROL DISTRICTS COUNTY OF SAN LUIS OBISPO r m.850 2156 SIERRA WAY,SUITE B —SAN LUIS OBISPO,CALIFORNIA 93401 —(805) 549-5912 March 29, 1988 Mike Hicks, Chief City of Atascadero Fire Department 6005 Lewis Avenue Atascadero, California 93422 Dear Chief Hicks: We currently operate three ambient air monitoring stations around the County, and after several years of effort, we have received funds to add a fourth station in Atascadero. To date, no monitoring has been done in your city, and while we do not expect to find severe or unusual air pollutant levels, we are looking forward to filling an important gap in our understanding of North County air quality. Among several acceptable sites in the Atascadero vicinity, we believe your main fire station provides the best monitoring location. Factors we examined include areawide representativeness, distance from interfering sources of 0 pollutants such as industrial facilities or high-traffic roadways, adequate spacing from trees or tall structures, easy access, good site security, availability of electric power, minimal conflict with existing land uses and the long-term prospects for undisturbed monitoring. With this letter, we request your approval, and your assistance in obtaining your City Council's approval, to locate a monitoring trailer at a mutually acceptable location on your main fire station site. This location should meet our air monitoring needs and provide your fire department with useful meteorology data. If our request is approved, we will enter into a standard leas,- agreement with your City, and trust that this process can be resolved simply. We hope to begin buying equipment within a month, and to begin monitoring in four to five months. We would expect to operate the station for years to come; monitoring has continued at each of our other stations for periods of 6 to 13 years. The monitoring station we propose will be housed in an earth-tone colored, metal-sided 12-foot long mobile trailer, on piers. A ladder and roof railing will allow access to roof-mounted sampling equipment. A 30-foot mast will be mounted on one trailer side to allow wind speed and direction sampling. Power will be obtained either from an aerial drop from a nearby power pole and meter, or by underground cable, as appropriate. The instruments inside will operate continuously, and will be checked two or three times per week by one of our technicians. • We initially plan to measure ozone and particulate matter levels, and to possibly add hydrocarbon and oxides of nitrogen monitoring in future years. Meteorological monitoring will include wind speed, wind direction, temperature and solar radiation. If the monitoring location permits a short run of wiring, we should be able to provide readouts for wind speed, direction and temperature inside your station. In addition, you will have a key to the monitoring station, to allow access to the chart recorders we will operate and to meet any emergency needs that may arise. As we discussed we would also be willing to install and operate a humidity sensor you may choose to buy. We have not made a final decision on what meteorological system to buy, but one vendor estimates costs for a humidity sensor and signal translator at $865.00, including tax. A gauge inside your station, grouped with the others we will provide you, might cost an additional $265.00. If you feel it would be helpful, I am willing to appear before your City Council to explain our project. In any event, please contact me if you require any additional information, or want to discuss the matter further. Sincerel PAUL H. ALLEN Senior Air Quality Specialist PHA/kw cc: Curt Sorg, Dept. of General Services A > wY� E P° R 0' ' A M, T I r, , CALIFORNIA: a - o � x State- of Cad ifornia � opatinuee. t.�:A ��ye �� aa. +griiiciant °ei actitirtg,, tom , psn rsrt damag3,tg .earthquakes,- and_ Jo .}- ii1e -.George _. ukmeJ has dSiA#lUr � j A a1 ifc� nia ,_Earthquake Prir14ato ijk. t t - citizens, - _bus nest and. in&14stry volunteer organizations to-! "Bi AWA- ) WHIREA ,' they loss, cif life and property can a g t Y,:" �. appropriate earthquake b*f,6r , durIn a,nd.-,aft_er a 4arAa q to kik;;1, W heee lifesaving grocsdureil . i13. tdink the ,month ;o`f April as the Gov arnwr :,O,' floe;-,of a, nt�y " S r k etj, with the Assistanc j,, of er nta ►9 a c e *. serYIgQ 0 grani.za:tions, 0ducat ionA,X ihjr ,,atu r c rp rati+ ns and 'Neighb'orhoodCrirc W � grc� p ,. provide i.riforma.tis m anti education to citiz" •n thro, U the states; and ' 'W ERiS, the measures presented` ear a`- c�MPai�gn, f . WAtE; 1` EP1E" , should increase Pub aen s, r :+ a rdin+g proper p c►ceclu es t.c i~ol.Iow .-d ra. a °;` , : t _ - and, .1 WH12ES, this- iraxortar►kearthquake sajfety infoiatn shs, ld b . studied: and ol4seeved thr-o:4ghout 'the .Year- prevent( ingu.res ,; loss of life ,',,and ropert,y:, ale during an earthquake; f NOW, THEREFORE, SHE CITY OF A' A ADER# '' does horoby proo'l ai mrApr 1. 1 88 as �"al'i orni_a Earthquake Propgr driesa�'Mont-fi ',and e courages'`,a.-ll citizens- to c i1 r€sase-thei �5.r, -i3 4' ` "`a awareness of proper safety me sires to a oil t b 'f 0#04 %' }x � ring and 'aftez an earthquake. BAR ARA ROOM, Mayor • ;.• April, 127, 1988' { r_ 13, r , 5 t �t v ti r wrM01 Nw , k .. i APRIL,. 4l5RIS -REAS, ,child 41.7ltse and,, neglect i a,'-s ri) ?,-4growitni ,I, sh Problem af_fec.ting tri a than two million of .our � � z , annu , �yTE I. ally; r_ N yr r `rWHEREA�3', this societal malignancy •child. raglec.t zesect �_ radial, rel.i.+ aos, cl ,._-°�tr,� xx . °api BARBARA NORRI S "A boundaries,, and,, in- act, has peached` eR�.� m�:c r ��ti�n . � f our natibi and } fi WHEREAS, there i a great. need #cr child, a ., rtyenti c+�unselin.g and eduizat rnal programs to. dead. of tiv��r '.�rith t 3a Problem; and'- WHEREAS r 3'7 ' Z 6hAnge Club Centers 'car the :, �r n� on Ch'.jd A ':s exist. in3. aternd. crt tcn . cauneiing and educatcna�fi programs, and ► K�asm are ,making 4,ignifigAht ' ,strides in- st�SpPjntea. tril nate n and eom unit'f's children and fami� i s. � TIM EFORE, x Barbara Norris r �'ayor 6 t 'Q , w3.''aCder."5`,r: CLCt hereby p'rtcla-1 j a observed CHILP ABUSE PREVENTTO HOHIH ' and urge gal-1, cit�Zens tc� uta i e ,thzs period q learn ° tc•`�b t ;f uldr rstandr redo �f 2i1.''.&' SnC� 7sE'Spf Iid tt? t 1 .S ,�riovo ' ., p F �r"'.1' :ER 1 commend the Exch ge C1�4�: c� ��h � Bis abisn Count r prcvid3: c3 s' : h prcr :n ., tb_..c� rruh ur�A 'fi uppert ' l -the public of-It heir suc�: sfu1f� t. . iayor ! t April' 1 , ;9$8 , , p"' 11 �_" J L f k 7i r . �. , �1, I .1 .:,} �� < , yi p} 1� , `1 f $ LI � P,1 i t 4 i. i � � 1. 2 r ��,�I %," , . - v f a ,yi -' w I y �{ �t .)`.fit. ,`:A 4 d. , !��+ & [ G •,••,� ,,,, ' j� 1 � ,: ,_A P,x'A , ly)} ,1 , �.. "` k t, -s a a� , l> f. Y rf , r ' } ' rt -'` C -1� 3 y i �'l� 'l Y v, ', y� i t .: t' ,. x r I ta, P p- it ",s e, - �' / o �, c i 5 �p �- '�' "`� 1�` v f r. I { T 1 v r x 1 l T ! fi { ., b j ' Lt.,;18�- t ��` I �f a `�: 1 . 4 W Y } } _ j +jq ��+; I /��_ #� y e* , -� };, 11 r it ' `W 4r, .' flirt Pro ''r"Vr '",YOU1A+` ORX. 1 k O� 3- Y';g q .� y�. ,y� �} g� IP t 3 s #K L ?A� "✓ '�', i 4�F :I .1 ., -, + . a 1 `t' r�r'I, �. -, u q ,sy 6 -11 11 IR voti. + is the , M001 : Aid � \ �. 1 O" �R.t`�kl Atioi"t# iw T:, - r';sr':.N`. i'u'"y i. $4 r .* � ' ,,/ x,' ` '� 1 I , " , ,, a �, �S 6 ti m a �. a' " Jy of W ent w I., 0 - I 'll � *� , v � . r 1 i�RA $i- "C ' �` C) ' *` Mar a ` r 1t ,� . �11, .` d �To int' Z. 11 ; . ^� c + ur11 t All grade Ft 4V4.3" ; > ��� hf a + ` `r c ` p �`.. , 11 , f i �, , r- - ,r�„ , >: y �4 e^r s•: I'r'k � a . i � � ar xiA ,t - DC7 _ r d V +�'} , �q y� ,may 's Y F"#' ''t''` r x 4 ° � �vQ" ti�+1 'R€r? 'c+>t '3. 5r� "�a , .�A.34 + J�.4"s�e y' 4Yw*77F W'i. '.c'Y�.J',4�� `� ^` Il I'll i �n )_11 � *1 - .; I'— " -1 ". /�, � "(4�,o'--i'.,04-4, �i "I >r s� s f -�y a2, 1 +k.7n.L 3. /`� '9 `L9 F, ea r s rk 1 .. , ,,0 " . -+ i2 '4 N i p � Y t r�� f p ,�eK 6r 2 AIPRI 044 all i# >U4c. * e,,' brew c�� ���� X J 41, probliw ' xM Y WO E MASr TSA p+�iti. "f9@ u t s �A Y � U, Ltio tda used "Ast� kµp§ S'ieR,at nd 'y�'W crue WIPPA "'also JA St , era . + "; , x by. of t ac iiie,prp;,R rtio fi t'. a 4 b that in a es z and' r " " " r r0qua of cop is s o ail, ity pq ! " 't iJ. th { '�Y c�ht ib e x t r w �h gn ani. by;,�Pay�44, ` n, t � � ` Ot meads hof t,ho pry l rt> � pit•, "�����. • f ' ti ��yy// ��sy_ TEPyysp�." `+ , n fig,y , fir+ ► y tiabare } ► 1 + a t p i " REVV ' fto may 7 J �ii t . M�chajA ,She ton jy CitL S1&71C�. `. Tema PeSesart w At ac+ sa .�te�nue ia�t� la Own,a } The a �i;1�" �•i. X .`h ige of '+Coir X1+4 +i' � � ,, - FA trace tt a hiwtot _cf this denial." the _attached` n2�J exce'�pt section '}�f►.�l��-{�'�.� � eek r "•"' +ects the ' uses that /-ake allowed, ahome ,qccqpot -'Ont,4 b disitz icta, occupationg are relse whota w d h `u1 empipy nt' c £ t1 oceup"t of a 4ve;lli.n� ac�. ' y . 4*e iTv subOr+d' oate is the r*s-#.dext;J.s�,� ctatict , aaa theala as a c3t tache p nqu&qj.-;with n alb `tom �c , fit , , F in ,the ty. ` 'lth c i6 a1 uattr a . bea.r , 1 , the acct that:".. they,w -ecttixet three' ( ) park `he �e ttirtg 3i 9 1 ' :p zacxa a] ; atvic e �" toimiOrcial prof o�opal d str a . to the �h hey e ��y 4 e1 ," a u r�di Orfi e' 9e th+ t `7 ono,, ♦ 1, h t/Y�.yR�n rw i�aj"�k g�^w iftiA y'�pe+� o MryM�Xyr@4„s.�tay�,l.}'�.�y Gi 9i�y�, �X'�* 1FF4inet. r-S t ff+"' i�.'c niie*? hi At he Ri; � f 1»g w ;Llc ; cnnta nu+ ted f nct a{. c andherob� r ;�n��tled tc� a �us�neaslib�a��a+� 3 R RWAe Veni l of ,the appi*' . t + 4 t t � I i t R t 1 Nr 4 � Aj Amend the oning 4rdiu4-noe ta,Vtruit B*Auty Parliot'�aVO- h m upz ttan use. ° a not r c mem ht -0 .Ait , � �t bad c an > : � • Tt+Jsrr moi " r - „fit>t Endlosu`res;1 `;A, ar,ch. l I`yr►/y elFebrgary ► `. 1�t�r :f�;pa, Henry, .B . .,. bru :�� 1198'.. ��r�.. � : ���� .B �y� �i�- 'e3ssri r 8 1 row, . r � ebrr8 F i + t r' � ' r , Y � F t; r r � i t � � t tx W. .. j s= zt44 r ^ 974OAtaseadero Ave. Atascadero, CA 93422 March 11, 1988 • Honorable Mayor Barbara Norris Members of Atascadero City Council City of Atascadero 6500 Palma Atascadero, CA 93422 Dear Mayor Norris and Members of the City Council : This letter is an appeal from the denial of my application for a home occupation beauty salon license by the Community Development Director. Enclosed is my check for one hundred dollars. Included in this appeal as part of such appeal is : the follow- ing correspondence between me and the Community Development Director: my letter of 2-3-88, his response of 2-12-88; my letter of 2-22-88, and his response dated 2-25-88. Copies of this correspondence have been furnished to each of you. The Community Development Director has not stated sufficient reasons in his letters for denying my application for this license. It would not be fair or proper for him to introduce new reasons for denying my application at the hearing on my appeal. iThe zoning ordinance does allow home occupations in Single Family Residence zones. Beauty salons are not mentioned in subsection (e) of Section 9-6.i05 of the ordinance. However, subsection (1) of subsection (e) of Section 9-6.105 is a catagory of office type and business services. It is in- accurate to refer to this subsection as a list. A list would set forth photographic , printing, bookeeping, catalog and tax services , all of which are operating in Atascadero Single Family Residence zones. The city does allow beauty salons in Single Family Residence areas. It is not for me to name those licenses granted with— in the last year or two. Your records will show my statement to be fact. My reasons for wanting a home occupations business license are : I have worked in Atascadero for twelve years in three down- town beauty salons. I feel I can no longer do this because of my children and my health. 2 My children have grown beyond the age for child care by others , but they will most definitely benefit by my parental supervision. My children are very important to me. Trying to work during school hours only is not practicable. Puny of those who need the attention of the beauty operator work themselves, and the salon owner needs help in those after- school hours. My second reason for wanting a home occupation is my health. Doctors have told me that long hours on my feet, and stress have been contributing factors to my health problem. At home I have much greater opportunity for rest and recreation. And even though I do not earn as much money, my children and my health are worth the sacrifice. Since my occupation is a personal business service, and since my accessory use of my residence meets all the standards defined in Section 9-6.105 including all subsections from (a) through (h) , I appeal to you, the Council, to grant my license. I am merely requesting what others have been allowed. The law should not be applied in a discriminatory manner. I hope you will give me a favorable decision on my appeal. Respectfully yours, Sherry Fair ADOPTED JUNE 27, 1983 business. . (ii) No additional vehicles, equipment, or outside stor- age shall occur at the residence as a result of the increased number of employees. (2) A maximum of two employees, if the following criteria can be complied with: (i) No additional client vehicles are generated to the premises as a result of the increased number of employees. (ii) The function of the employees in working on the site is to provide direct service to the employee rather than to the clients of the business. (iii) It is necessary for the operation of the business to have the employees working at the site of the home occupation. (iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in compliance with Subsection (a) of this Section. (v) The allowance of employees will not have any ad- verse effect on the surrounding residential area. (d) Hours of Operation. Hours of operation are unrestricted except that home occupations which generate sounds audible from off-site shall be limited to the hours from 7 :00 a.m. to 7 :00 p.m. , provided that such home occupation complies with the standards of Section 9-4.163 (Exterior Noise Standards) . (e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of this Section, allowable home oc- cupations consist of: (1) Office-type personal or business services (including personal instruction such as music lessons or contract- ing services not involving on-site storage of materials or equipment) that do not involve the presence of more than one client vehicle at any time; (2) Handcraft or artwork production, including but not lim- ited to pottery and ceramics, artistic glass or metal- work, electronic components, woodcarving . and woodworking (except for mass-production operations such as cabinet shops) , antique furniture restoration, painting and pho- tography, except when such use involves on-site use of ` equipment requiring more than standard household elec- trical current at 110 or 220 volts or that produces noise (see Section 9-4.163 - Exterior Noise Standards) , ` dust, odor or vibration detrimental to occupants of ad- 6-7 R '. ADOPTED JUNE 27, 1983 • joining dwellings. (3) The personal sale of cosmetics, personal or household products (except appliances) , or other goods or prod- ucts; when such sales occur on the premises of the pur- chaser, provided that wholesale sales may occur pursuant to Subsection (f) of this Section, or occur off the premises in some other approved location. (f) Sale of Products. On-site retail sales of the products of a home occupation are prohibited, except: (1) Garage sales or the sale of handcrafted items and art- work produced on-site are allowed not more than twice per year, for a maximum of two days per sale; and (2) Home distributors of cosmetics and personal or household products may supply other approved home occupation pro- prietors. (g) Signing. One identification sign with a maximum area of two square feet may be erected pursuant to Section 9-4.132 (b) (15) (Sign Regulations) . A commercial vehicle car- rying any sign identifying the home occupation and parked on or adjacent to the residential site visible from the public street is included in determining the maximum allowable area of on-site fixed signs. (h) Parking and Traffic. Traffic generated by a home occupa- tion is not to exceed the volume normally expected for a res- idence in a residential neighborhood. All parking needs of the home occupation are to be met off the street. For pur- poses of this Section, normal residential traffic volume means up to 10 trips per day. This Subsection does not apply to garage or handcraft sales pursuant to Subsection (f) (1) . .106. Residential Accessory Uses. The standards of this Sub- sect apply to the specific types of accessory structures li d. Agricult 1 accessory structures for the keeping of anima are sub- ject to Sece!-Qn 9-6.112 (Farm Animal Raising) . (a) Accessory Gree house. An accessor _ eenhouse may occupy up to 500 square t per dwell ' unit or 10% of the site, whichever is smaller. Large reenhouses are subject to Sec tion 9-6 .116 (Horticultu Specialties) where allowed. (b) Guesthouses. A thouse may b stab1 shed as an acces- sory use to a. sidence in the A, R , SF or RSF Zone as follows: (1 imitation on Use. A guesthouse is not to a used for residential occupancy independent from the pr ipal residence. A guesthouse may contain living and s in spaces, including bathrooms, but shall not contain fa 6-8 ADMINISTRATION BUILDING • r. POST OFFICE BOX 747 ATASCADERO. CALIFORNIA 93423 POLICE DEPARTMENT PHONE: (805( 466.8000 POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93423 CITY COUNCIL *. �aseelc® PHONE: (805) 466-8600 CITY CLERK �. CITY TREASURER INCORPORATED JULY 2. 1979 CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO, CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805( 466-2141 February 25, 1988 Mrs. Sherry Fair 9745 Atascadero Avenue Atascadero, CA 93422 _RE: Business License for Home Occupation: Beauty Salon Dear Mrs. Fair: In response to your letter of February. 22, 1988, this is to advise that I still- must find that a beauty salon is not a permitted use as a home occupation in a single family residential area. I would concur with your request to keep the business license denial appeal period open to within fifteen days of your receipt of this let- ter . As indicated earlier, this could be a matter that could be ap- pealed to the City Council upon receipt of your letter advising of the reasons for the appeal, together with an appeal fee of $100. 00 made payable to the City of Atascadero. Please call if you have any questions. Sincerely, we,n - Henry Engfn Community Developme t Director City of Atascadero HE:ph i%rs. Sherry Fair 9745 Atascadero Ave. Atascadero, CA 93422 February 22, 1988 Henry Engen Co.ii,:iunity Development -Director City of Atascadero P.O. Box 747 Atascadero , CA 93423 Dear Mr. Engen: This refers to your letter of Feb. 12, 1988, postmarked Feb. 16, 1938, received on Feb. 18, 1988, regarding my application for a City Business license to operate a beauty salon from my residence. You indicate in your letter that home occupation uses that may be approved are limited to those uses identified in Zoning Ordnance Sec. 9-6.105 (e) (1) Office type personal or business services, (2) Handcraft or artwork production, and (3) Personal sale of cos- metics, personal or household products. "Personal instruction" is specifically mentioned as included in the category of personal services towether with some construction ser- vices, but the category is not limited to these uses. Music lessons are undoubtedly specifically included, because such services are not "office type. " The specific inclusion of music lessons demon- strates the wide latitude in the definition of "office type" personal services. A beauty salon such as mine would certainly be included in this category. You state in your letter that the Zoning Ordnance does not "envision the :codification of a home residence to accomodate a home occupation. " You fail to give any reference to the pertinent section of the oning Ordnance supporting this generalized statement, and I find no support for this statement in Sec . 9-6.105 of the Ordnance . On the contrary, the Zoning Ordnance obviously envisions some modifica- tions by setting forth in Sec. 9-6.105 (a) (1) "Changes to Dwelling" restrictions on changes of residences and accessory structures to accomodate home occ:.�vations. You further state in your letter that "besides the required plumbing :codification, the change in use may require structural modifications as well" , and in my case "the changes rec:,uired in your (my) accessory structure d be si-Xnificant. " yhese speculative statements are not based upon a physical inspection of my premises, and are inappropriate and -prejudicial in judging the merits of my application. I ,-could 'hope that you would now approve my application in considera- tion of my above comments. However, in the event my application is not now approved, I believe that I am entitled to an extension of the . fifteen day period to file an appeal, to commence upon the receipt of your response to this letter. Thank you for your patience and Past courtesies. I shall appreciate an immediate reply to this letter. Sincerely, ADMINISTRATION BUILDING 0 POST OFFICE BOX 747 -�• ATASCADERO.CALIFORNIA 93423 PHONE: (805) 466-8000 POLICE DEPARTMENT POST OFFICE BOX 747 ATASCADERO. CALIFORNIA 93423 CITY COUNCIL PHONE: (805) 466-8600 CITY CLERK CITY TREASURER �asea elce CITY MANAGER INCORPORATED JULY 2. 1979 ��. • ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO. CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466-2141 February 12 , 1988 Mrs . Sherry Fair 9745 Atascadero Ave. Atascadero, CA 93422 RE: Business License for Home Occupation Dear Mrs .-. Fair, I am in receipt of your letter of February 3, 1988 regarding your application for a City Business License to operate a beauty salon from your residence. As you indicated in your letter, the owners of other established businesses normally do disapprove of home occupations; however, that is not the reason that your particular use cannot be approved. As you note, home occupation uses that may be approved are drawn • from Section 9-6 . 105 (Home Occupations) of the City' s Zoning . Ordinance. (See attached. ) The types of home occupations that can be approved are listed in subsection (e) of Section 9-.6 . 105 of the Ordinance as well as on the supplemental application you signed and submitted. Listed uses include "office-type personal or business services" , t1personal instruction. . . t1 , "handcraft or artwork production. . . 11 , or "off-site retail sales . . . Beauty salons are not included within this list of allowable uses . In addition, the Zoning Ordinance does not envision the modification of a residential structure to accommodate a home occupation. Besides the required plumbing modifications , the change in use type may require structural modifications as well . In your specific case, the changes required in your accessory structure may be significant. Should you desire to appeal your denial of a business license you would have to write a letter of appeal within fifteen ( 15 ) days of receipt of this letter together with an appeal fee of $100 made payable to the City of Atascadero. Sincerely, HENRY E GEN • Community Development Director Enclosure : Zoning Excepts HE/pe r - . 0 • 9745 Atascadero Ave. Atascadero, CA 93422 February 3, 1988 Mr. Henry Engen Community Development Director City of Atascadero 6500 Palma Atascadero, CA. 93422 Dear Mr. Engen: This letter concerns my applications for a Home Occupations business license, and refers to our conversation at City Hall on January 18, 1988. Three times I have talked with city officials, each time with a different person. My first two requests were made several days apart in November. The third time was January 18 when I spoke with you. The answers I have received have been both positive and negative. You first checked my residential loca- tion and stated that the zoning permitted such a license. After leaving the room to check with someone, you returned saying the license could not be issued because downtown busi- Hess people a_id_ notapprove. That reason would not seem to be good and sufficient cause to deny my application. I have read section 9-6. 105. Home . Occupations of the city ordinance adopted June 27, 183, and I see no statement in there which would be a basis for denial of my request. The purpose of this letter is to reauest: 1. A written reply to my application for a Home Occupa- tion business license. 2. A written response stating specific reasons and perti- nent ordinances if my request is denied, and if I am to be put to the expense of an appeal. 3. Information concerning to whom I appeal if I am denied. Enclosed are two application forms for a home business license. I shall appreciate a prompt reply to my written reauest, since this is really my fourth attempt to get a license. Since ely, ✓% S erry Fa' • RE EWLED FEB � i,2';RB it I • 0 BUSINESS LICENSE APPLICATION INCDI<rDQATED JULY t.lfT9 I I OWNER/s/: �� �/ems- HOME OCCUPATION ( ) OUT OF TOWN �y ( ) CONTRACTOR ADDRESS: '7 �� } Individual. ( ) Partnership ( ) MAILING ADDRESS: ( ) Corporation Renewal ( ) Change of Address PHONE: - ,L�� FEDERAL I.D. NO: ( ) Change of Owner IF INDIVIDUAL: S'ZC- 7 7 (Partnership Tax No. ) Social 'Security Number CORPORATION NO: eq :z /�/' 0 7 <� ( � �/��/(.r STATE LICENSE NO: , Drivers License No. State RESALE P RMIT NO: BUSINESS NAME (dba) : t BUSINESS ADDRESS: _aeUSINESS PHONE: Responsible Officer BUSINESS MAILING ADDRESS : 97 � • Az2zc-:2az-,� Title NATURE OF BUSINESS : , /J PERSONS HAVING INTEREST AND/OR GENERAL PARTNERS : *No. EMPLOYEES* FULL TIME PART TIME OWNER OF PREMISES : ADDRESS: /SS *APARTMENTS/MOBILE PARKS VENDOR/TRUCKING LESSEE OF PREMISES : VL No. of UNITS : ADDRESS: I hereby declare that the foregoing information is, to the best of my knowledge , true and correct. � /s/ DATE : **Accuracy and completeness will exped- te the processing of 7187 your application. ascade ® ICOPO�ATED JULY Z,1979 HOME %CUPATION APPLICATION Name: Home Address: Mailing Address: Com' Phone: Please describe in detail the type of business you would like to do: Please state the name (if any) of your business: ' Do you have any employees or partners?_ If so, describe where they park and work. Describe by type, size and number, the inventory, equipment, and/or other materials associated with your business: ,n hCA.M o A !� 2 Q r-a Ll1010,r (/11 How much square footage is needed to store inventory, materials, etc. 'rjl Where will you store inventory, equipment, etc.? Garage House Other-- No. of vehicles used to conduct business: Do you have: Garage Carport Single Double None of these To what extent will garage/carport (if any) be used in conjunction with your business? Do you pick up product or materials for product from your suppliers?�°S If not, how are products/materials delivered to you? Do you deliver product to your customer? IV If not, how will deliveries be made to your customers? If your business consists of a service, where will the work be done, on your premises or customer's? pyl (y) h P If your premises, explain: T n (2, r rte. T1, L0,49 '�-I. QtOrA Describe in detail how you propose to obt in business: (Advertisement, yellow pa s, solicitation, word of mouth referrals, etc.) ( �;�r�A 'f I understand that if my home occupation is approved, the following conditions will be imposed: 1) The home occupation shall be incidental and subordinate to the residential use. • 2) No changes will occur in the residential character of the residence. 3) No display of products for sale shall be visible from a public street or adjoining property. Page Two Re: Home Occupation Application 4) No outdoor activities or storage on less than one acre, exception instructional activities. Outdoor storage on one acre or more, only if properly screened. 5) Use of garage or accessory structure permitted as long as garage is not precluded from vehicle storage. 6) No employees permitted that do not reside at the residence .(except by approval of an adjustment only) . 7) Hours of operation are unrestricted unless the use generates noise - then hours shall be restricted to between 7:00 a.m. and 7:00 p.m. provided Section 9-4.163 (Exterior Noise Standards) are complied with. 8) Traffic generated by a home occupation shall not exceed the volume normally ex- pected for a residence except for garage or handcraft sales. 9) Home-occupations are, limited to: a) Office-type personal or business services. b) Personal instruction, one client vehicle at a time. , c) Handcraft or artwork production, including but not limited to, pottery and ceramics, artistic glass or metal work, electronic components, woodcarving and woodworking (except for mass-production operations such as cabinet shops) , antique furniture restoration, painting and photography, except when such use involves onsite use of equipment requiring more than standard household elec- trical current at 110 or 220 volts or that produces noise, dust, odor or vibra- tion detrimental to occupants of adjoining dwellings. d) The personal sale of cosmetics, personal or household products (except appli- ances) , or other goods or-products; when such sales occur on the premises- of the purchaser, provided that wholesale sales may occur pursuant to Condition #10 below or occur off the premises in some other approved location. 10) All onsite retail sales are prohibited except: a) Garage sales or the sale of handcrafted items and artwork produced onsite are allowed not more than twice per year, for a maximum of two days per sale; and b) Home distributors of cosmetics and personal or household products may supply other approved home occupation proprietors. 11) One identification sign with a maximum area of two square feet. A commercial vehi- cle carrying any sign identifying the home occupation and parked on or adjacent to the residential site visible from the public street is included in determining the maximum allowable area of onsite fixed signs. 12) Full compliance with all conditions of Section 9-6.105 of the Atascadero Municipal Code as summarized above. I AM AWARE OF AND ACCEPT ALL OF THE ABOVE CONDITIONS AND AGREE TO COMPLY WITH ALL REQUIREMENTS AND CONDITIONS STATED IN THE ATASCADERO MUNICIPAL CODE SECTION 9-6.105 AS WELL AS ALL OTHER APPLICABLE CITY, COUNTY AND STATE REGULATIONS AND ORDINANCES. I UNDERSTAND THAT IF APPROVED, THE PERMIT WILL BE NON-TRANSFERABLE AND MAY BE REVOKED AT ANY TIME FOR VIOLATION OF ANY CONDITIONS. � - Office Use Only Signature of App7,ic�,��t Home Occupation No. Approved Denied IDate: Date Reason(s) denied: - Irl �o } zo ..o z a U a- ccZ N cr m p -� m _ v I � m �b N y e A • N N` I �V ,00 4i tib o. Os P O X10 i � Q zl 1 O q / I OI n 31•' Q � ! 1 • o o Ih I S v,a 21 o ®LLJ Q „�• „ d o � I � Y 3 . Ix m y '9S, cn V brh a 5 to F.V 99. Y9 "\ q/ �sD�r�b' sBs'N, tat 'N J,/`, I hl z a I n I 09 \ Sib Q dS Q ! ON .,Mi a MMRANDUM, TO: HonorAble .Mayor and. Ci ty Co\unc i 1 Through _leichae-S Shelton, City Manage Frcam: Paul W. ° Se - Director of Public V�or�cs Gid Subject: Ap ea:l,, from, John �An�derspn for Return' of P" .Interest _ s Date ' 'April , 1:98 ommendationt. i on Staff rec azr nen s nc61 ch-i ige in the exi0t'inor develo f Wi nce wxtl ` , respect to ctrl lection of money and does 1, not r*chr X e`imbursement background ee Attached 'is . a request from Dr, John Anderton to � they t+�rest that w,i l I be; earned on.the money he 4111, bort age` £}etre 1 opment Fes: from the t ime, the p# t � � ' until the times the bridge is Abid,. / 0 -Discussion: � h Tea@ is no provis cin to return interest on -,develo nt, etw-4 �T ' "i all: interest , vii 11 ,be directed toward the'lo is ;Avenu,+a, Bi S'inoe there exists a specific plan to spend the,,money Id r prbject, and ' since -the moms, has its c�wn: finen i.al 4v*ou ti t tty; i tins the requirements pf the law with : .zpec,t t+ ti�i itte. .Dr. Anderst has the firet proJect that hies b n 'ass � ed t�7r ►`; � Y f*e dlthouf%h other proioctd, weref condition+�d for .-a fail. 8 Ax 'PTT o to the' adoption of. the development -fee, tdinace., The d � of`t�tz � , project will underway jo , n and the pedestrian bride .i fanned for construct_ 3 an th iz, 'The money cou 1 ci ,�a .s eat i�t thi . ca16 hal"IrY yeal . A:' reimbursement here could set a., precedent th t1 cause aft: ' administrative nightmaro. and, staff recommends 'denial'` ohe:` request ' Discal Impact The " ount,,_of the.. fee is about -$5000: and,,the interest uld be approximately $5004, h 1 F I f 1 F • 1 1 Pub1: G 'rtt r`k Citjt"cif At adero .` You: kn ► I, app, c Abi ting; c r rc a r w > f r t+ 4 the c� F� owr area an'd y r ti c9 ° ett4m raqu n° rtt cd they 'Lewis Avenue Br-i a fig, �# �� � f+s�r : I r4,c t"' My etimated cAmp.�+�t 1 is April 20r 1998,V I w. l have ,tax, b ' rraw,, thb $ar4,8' {.44 fr" t ;`, U\ank p� p interOst at 1 .i7. pr annum: Sind, them ,11%, ncx d��F3:na t44t*rt_ .of, c nstr'"t rt' data fear, the bridge nzy. fee �� l;;�t�a �� t�i�r►�t,�rt:. n. c. 'ont not..being c fact cAl txnstrractic n and . 1 11 : 11.15 interest `t Asn .my loan. I feelthat' 4rvt t .., vehic 3�ar bridt a� -; tnd rk ,c r truction I sho l,d racei+ : t re te t� t fee q n*r*I I Sr�x r e t ayi-n'g .Ayr`wf'b�.,�t� 04yable' to he c-i At** cadrr apd hlvsng_ to ir�t r � est > ayab;le -to my , baftk- a tans �+ d° you PI u �rca + dertrt9 MY �-f tific�O'te gf. 'Oep t ;os the an nd ot n t c ityr c*'' it P. Anderson 006 A e r � i I �r Y , h r 1`nn` 1 h 1 (� �t �i '} y, ty aa: �V i Cit ounc�.W, t a„ v � VIA. Michael Shelton, City Manager _ 'RO14: Henri Engen, Co�amunit evelop ent Sire of ► SL73 �s Ina Wf shy' B�uildin ;Remit :3tatu eait,< . (71$0, -Serena) Y At the CoOnd- l's_ la<stt meeting-, . staff '> ter ; sion`of `Irene Bi;s building permit fug- the. PERMIT2 AUTCEY: This permit' wad issued April 5, 1983, And/ these', r jib° t of foundaticxn, and dry'wall work in L983 and 1984=« In �r �lsponse t+a- Bul ding ]Division request,; Mr. Ji Bi's 1w�rea�t,e la hi the, states_,"oaf" delays ._on," their pork And requesting 4 ) n tw interest.; 4f ' fa � atilg 'c©mpleti®n` f this" & t .the Chief�Bu i dir g. Inspec�t€�r- authorized an, eyte�nAi*n ,o t,i c� the ;pr , ct. In .further follows-up checks # ' 7 le + i dated June,2a,- X987} , the Bishops < re nc t fked-that" gzess . . tht work, ,--that, the permit 4ould' ire"�� 1,i1t�i null aril "t i d August :27_, 1987. $ubsequentYy, ,the���t r* a ,0 s. , ` meetings betweem s« Bishop a City .staff ,reln'ti44' to vflr praGredngs, which led t© wra�ting a letter on. 14, g 1987 indicating that, * , we will hold in jtm *nce ahs ti#n ; the, ' • lack "fin-�s i.t Is ar n ex"i tin t car a trail a its h " outcome f of your 'ciourt 'per ceeding�z, « Those',Pt c*e4fngi. et' . . pleted -and on Mar"dh 17", ,x.988, a letter' was wr ittz�; # ern {sem attached} advising .that th+e perml-t hid ' re g �<-1i and r the-;Uniform Ac ni strative Code' adcpte+ -�� t hi "�_ ,' ,`, " fit , the "code required a' new-, errhit be takent out a ion old' t p _ r , ;e full permit fee« a also advis6d than" we_ hsd desit " to°'' abatement p ceeding�. ` c h either `the unfinished biA-144 '=� " porn trailer, which' no A' er enjoyed legal status =in that t � dweiffngs are only ailot�ed while ah aoproa c tauil i p r tiff , ';is ..."ice effect. cup the site: � w t DEVELOPMENT FEES • t3rdinan�e , D+ �reicapeiigatic + rdir� ne., { # + t had .''an -fe -tive dat � „0c fir- ; 19858 .;�n4 o od "'to , bad beow l sued err iar to„,.that state. - rd,` al►ce -No. 115-1, .�+ : Mena .��p .� Fie;� r�i�nance ��ha� � �; +�€€� ���� to a 1;�3 � �� I r. too I .e epp t," "berm ts, c rte4Pr for. tri that di to. The e€€east o ;theUnifc SuU4in C +e'_a .Man+�at+e g rit iae = peit '" a '�. a d'� has � � € � �f i s 1 e * nt'l * act €eet, (1) , DeV IOPMent aq, lding permit 'fees, lohich'ifiivv wr Asp year that haves elapsed ncer t e-r 4 1 1 p+�� it"� �� � i �� r ap+ect t ; rev i p ent- tax : ani ee ; .h v► ,,er.� 4er f es. ` a� ato new * h` andto ear t fig � c�:, :"Y for " the ap3. per` reu .rf grc� h. It:")dahl ' Mrs.: Bis�p! that; er 'te,� s�a�n �h the �it�j �taxr�t a �aeded! h!.: i s t3cin .. sea. that i : ti 5 T given, 'tc � ai i � . i 3e i a h;., the` bu .144 ariri ► �:+ .' i specifily rcv` ee, in, "�ge .t3�cn, `a°�` , tar+ �a � nt Tie`. a _ at:,.. the- he+ pa int ` a� de t, and : the- ��tlim hg :the �e� , pan +n�n��.be� °aite�e �r�h t .�t� a�� � ht ap i Vel by the Cit r" Cc nn+ it ►€ ae -r ". 1 or . 1, The,,b013;» ermithae,' c bar ' mta" i.+ '£ : 1 "`�tt gut 'Phenif+ ret �ailaing �eu3 Zeta`' r^! ash int mat' pay a! " ` Ulfi e£*, ti 3. Tbel_vt . u rt itat r stat : sn b the l: tai ." 1 r°,.4 1 th +ehtspact . esreq i r d :by'140roin t a ; be ir€ter at tee as ,hot �'be m°:'m ; ` livable in, this berth.,"the, h4 ata tri Of c p and the��ti .`hg O ,th 6 an Skis= permit. 'EE:ph r Pit or AttOr 13 But ung ftr t" X40, : X54 Issued,Al Pte ' Z 4n n } ` � i ADMINISTRATION BUILDING ^_ POST OFFICE BOX 747 ATASCADERO.CALIFORNIA 93423 PHONE: (805( 466-8000 POLICE DEPARTMENT POST OFFICE BOX 747 �aseade�® ATASCADERO,CALIFORNIA 93423 CITY COUNCIL PHONE: (805( 466.8600 CITY CLERK CITY TREASURER CITU MANAGER INCORPORATED JULY 2. 1979 ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC WORKS DEPARTMENT 6005 LEWIS AVENUEATASCADERO.CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466-2141 W 4� March 17, 1988 ,Ms. Irene Bishop 7151 Serena Atascadero, CA 93422 Subject: -Building Permit No. 1250 Dear Ms. Bishop: Following our meeting of March 14th, I have talked with Michael Shelton, City Manager, regarding our need for a new building permit for this project now that legal proceedings affecting the project are over. This permit was issued on April 5, 1983, and the house is still in the framing stage. An understanding had been reached with Mr. Jim Bishopin 1986 to allow continued work k on the7ect but to ro ' P -�our knowledge none was done sufficient to keep the permit alive. As we've discussed before, the Uniform Administrative Code of the National Conference of Building Officials indicates that a permit "shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced with- in 180 days from the date of such permit or if the building work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days." Subse- quently, we inquired by letter on June 23, 1987 , relative to the status of the project and this led to meetings with yourself and staff and an exchange of letters in July, August and September of 1987 . As a result of those meetings, and the fact that the status of the ownership of the property was the subject of divorce pro- ceedings , we sent a letter on September 14 , 1987 indicating that, "we will hold in abeyance any action on the lack of on-site progress and existing temporary trailer pending the outcome of your court proceedings" . Regretably, those proceedings involved a number of continuances up through the present date, with the matter finally being resolved in favor of your continuing the project now. Given the fact that the code clearly states that absent on-going work that a new permit is required, it was my responsibility to so advise you and to require that a new build- Ing permit be sought. At the same time, I recognize that this is a highly unique situation which also triggers development impact fees required of a "new" permit for both the school.. district and the City. Assuming that it can be legally done, I would support a recommendation to the Council to waive those development fees in the case of a new building permit application, and have urged the same consideration by the school district, who operate under a different set of law. However, the code is explicit as to re- quiring a new fee, as follows : "In order to renew action on a permit after expiration, the permitee shall provide a new full permit fee" . In closing our earlier action to hold the matter in abeyance was an alternative to pursuing abatement proceedings to bring the house into conformance with the code and to eliminate an illegal trailer on the property. We favor working towards completion of the project. I hope this helps explain our position and our need to be consistent on compliance with the Uniform Building Code. This may be a matter that you wish to request an excep- tion to fees by the City Council. aPlease contact me if I can provide any further clarification, and I do want you to know that we share your desire to complete your home as originally planned. Sincerely, Henry nge Commu ityevelopment Director -City of Atascadero HE :ph -_cc: Michael Shelton, City Manager City Council INIST TION BUILDING POS, OFFICE BOX 747 RTAS , CALIFORNIA 93423 PHONE: POLICE DEPARTMENT PHONE: (805) 466.8000 POST OFFICE BOX 747 �'' ATASCADERO,CALIFORNIA 93423 217, 1 CITY COUNCIL PHONE: (805) 466.8600 CITY CLERK �ase� ejCe CITY TREASURER INCORPORATED JULY 2, 1979 "3a= CITY MANAGER - ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE "SP PUBLIC WORKS DEPARTMENT ATASCADERO,CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466.2141 JUNE 23 1987 Mr. & Mrs. James & Irene Bishop r 1147 Rice Ranch Rd. Santa Maria, CA 93454 SUBJECT: 7151 Serena/Permit #1250 Dear Mr. & Mrs.. Bishop: John Miller, one of our field inspectors, asked me to review the file for the referenced project and attempt to determine the current status . Mr. Miller states that the latest status check was sometime in February of this year. What this means is that your. permit will expire by limitation and therefore be null and void if the work is suspended or abandoned for a- period of 180 days ( from February 28 + 180= August 27, 1987 ) . If the project is abandoned, it may be necessary for the City to pursue abatement action. A rough frame, electrical and mechanical inspection is required to show that the project is not abandoned. Please respond no *later than August 27th, 1987. Otherwise I will assume the project to be abandoned. Thank you for your attention and cooperation Respectfully, Wm B. WITTMEYER Senior Building Inspector v#BW/dc CC: File taseadeiCs INCORPORATED JULY 2,1979 Date Received: 5-6 Date Issued: 79 —� PERMIT NO. 1250 ADDRESS OF PROJECT: 7151 Ave. k )Building (K)Electrical ( )Mechanical (X)Plumbing Oo Solar ( )Swim Pool ( ) Owner ( )) Lessee F) Mail Address Phones James L. & Irene T. Bishop 1147 Rice Ranch Rd. ,Santa Maria, CA 937-7386 ' ' Contractor/Builder -- Address - - Phone Lic. No. Owner/Builder Arch./Engr./Designer Address Phone Li c. No. a= Owner Bank or other source of loan ,' Address None Type of Project: (K)New ( )Add. ( )Alter ( )Repair ( )Demolish ( )Move ()Install r ( )Compliance Survey ( )Change of Occupancy ( )Other ,s° + Project Description: To construct a two storyj, three bedroom, 3,040 -sq'. r`ft. SFR with detached 1,808 sq. ft. garage & shop with 371 sq. ft. sundeck Edi, � Y Legal Description: CO 66-84 Assessor's No. - Use Zone Lot :Area Lt 3, Ptn Pine Mtn.- Park 28-221-06 L Fit 1 i Fi ME FOUNDATION EXTERIOR WALL ROOF HEATING ecit (X)Wood Stud ( )Cont. Conc ( )Wood Sdg ( )Stone Vnr ( T)Conc T/Up ( )Comp Blt-up (K)Ele ( )Metal _ (0 Slab ( )Wood Trm ( )Brick ( )Metal ( )Comp Shingle ( )Gas . ( )Timber- ,, ,•( )Piers ;'.W Stucco ;( )Conc Blk „( )Brick Vnr ( )Wood Shgl/Shake ( , )Gas Wall ' ( )Metal (LX)Tile (K)Solar =° Type of Construction: Type No. V_N Occupancy Groun R-3/M REOUIREMENTS: ;, ti' FEES: Value $ 110, 516 SB 831 Affidavit G/ ® Cf-��j-S::.Q Construction: 327.10 Planning Approval: 1. Approve removal of one Electrical: 73 .18 pine tree. No other Plumbing: 73 .00 tree removal cJ/o prior approval. Mechanical: None Percolation Test ©�'� - �O -�� Earthquake: 7.74 2. Provide utility easement Issuance: 11.00 to Planning Department Plan Check: 163.55 prior to approval of - foundation. 1 / - y-5 '3 �c)l ar None gal. septic tank and sq. ft. leach field TOTAL FEES:$ 655.57. have read this completed application carefully. Date Paid: ( T Owner. ( )Agent Receipt No. enature Date Agent's Name Printed Ask WF CO en -,j ` `3�� `9• Q'-Q h JE ,Zt .o O , �tb �q Z a / IND r� Vk CU ry � a _ Q 0 Z ,ECS y r r � CHRISTIAN E. IVERSEN • ATTORNEY AT LAW 605 THIRTEENTH STREET PASO ROBLES, CALIFORNIA 93446 TELEPHONE: (805) 239-2130 April 7 , 1988 Mr. Henry Engen APR4 Community Development Director 1T City of Atascadero T � P.O. Box 747 LEIW Atascadero, CA 93423 Re: Building Permit of Jim & Irene Bishop, Permit Number 1250, 7151 Serena Dear Mr. Engen: As I 've indicated in previous correspondence , I represent Irene Bishop. Mrs. Bishop is quite concerned over • your refusal to allow her to proceed with construction under the above permit. She has been informed that it is necessary for her to obtain a new permit since construction has not been completed as of this date. Enclosed are a series of letters to and from Mr. William B. Wittmeyer, Senior Building Inspector. After September 2 , 1987 , I made at least two telephone calls to your office, the most recent in February, 1988, leaving messages as to the status of the Bishop dissolution with a request that you contact me if you had any questions or wanted additional information. I understand that Mrs. Bishop also communicated with you and your office. We both felt that there were no problems with the permit since you made no response. On February 29, 1988, judgment was finally entered in the dissolution proceeding. These delays were not due to any fault of either Mr. or Mrs. Bishop but rather the congestion of the court calendar. Although Mr. Wittmeyer ' s letter of August 12 , 1987 , does not guarantee Mrs. Bishop the right to proceed with the project with the existing permit, it certainly inferred that her permit was still valid and the City had the right to allow the project to continue after the court proceeding was • terminated. We certainly would not have continued to communicate with your office as to the status of the matter if we had been told that the permit had expired. • If Mrs. Bishop is not permitted to continue with the project she will certainly be damaged as a result. If she had been informed at the outset of the City ' s position, she could have taken a different position in the court proceeding. Please recommend approval of Mrs. Bishop ' s request for an extension of the existing building permit to allow her project to continue. Construction is well underway and substantial time, money and effort has been expended to date. From my information the Bishops have never abandoned the project or suspended all work for a six month period . I understand that this matter has been placed on the City Council Agenda for April 12, 1988. Thank you for your assistance. Sincerely yours, a__,c Ir k' Christian E. Iversen CEI :svp Enc. cc : Atascadero City Council • S ' ' Y S4' f 7 i j r � r 1 m� Ny S`heat6nr C Sgt K i 4peory n t Po /' wVr101 V D Tll t ss,), cl r r ` iria 'It z # { r ,al nofw 41 � X 1 1�04r{t - o #R.. 'L 1nbe i:' 1�A 'F�F �"{��Ap` yy y. yrs Jpl� report Maofi %o' st,.kf 'repor ri � I -:t-be ,}t T MEN by tOpt +4r7t, c . N `fit . t t 1 ► > �.,f x ► ° !ing, Cys[ is, bit t i ` ts�t ana `4 110, or �f �V ' F� q , fi.Y a 44 Or Ag:�ADw Dai Minning� comm ori t4ii'z Anal s Decamp , r i dr. �e gni' t :. al _ # (• e�lss f � a t `rm,� TI i � Cr opt ± fie �� " u. ..: + # f ;. raffia Prod,-140,1,1>1- ,4themoo` AL " • # PUir ti Jri i.'�P=IF:'IC' .,'le"}r.:41 Vk"9F.i,• VF '#wt 4FiR� S r ¢ A i ,t:. �tf ?Ik � ��.V i�tc�� 't�` Mi 'Y#�'.�r,`•.�.y#'#kR®GyykS� � � � A}�"Ky��ipk[� �•j'4. .. l �j L " + Ilk Ch pt r ►� he CG tytI1t k i t fir 4146d :. ..,� �th a the p Ad h VAX, VIX, 0 hod ' f I' + � do ;"+ 'l r� 46 UM ZC 2-88 • Staff Report March 15, 1988 Page 2 determined by the Planning Director that the development project, or the establishment of a use of land which is not a development project, is eligible for a Categorical Exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Approval of a Plot Plan enables issuance of a Building Permit under Title 8 of this Code, or the establishment of a land use which does not require a Building Permit, but is still subject to the standards of this Title. " "9-2. 108. Precise Plan. Precise Plan approval is required when a development or use of land is listed in a particular zoning district as an Allowable Use and when it is determined by the Planning Director that the development project, or the establishment of a use of land which is not a development project, is not eligible for a Categorical Exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Precise Plans consider the greater effects such uses may have upon their surroundings, and the characteristics of adjacent uses which could have detrimental effects upon a proposed use. The preparation and processing of a Precise Plan shall be as follows. . . " "9-2. 109. Conditional Use Permit. The Conditional Use Permit is the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings. Because of the intensity of such uses, public review and input into decisions on whether to approve such proposals is needed. That input is given in a public hearing before the Planning Commission. The Conditional Use Permit is a discretionary approval and the Planning Commission may approve or disapprove a Conditional Use Permit or may adopt additional conditions of approval. Conditional Use Permit applications may be denied by the Planning Commission because of specific findings identified through public hearing testimony or because of provisions of this Title. When Conditional Use Permit approval is required to authorize a use by Chapter 9-3 (Zoning Districts) , preparation and processing of the application shall be as follows. . . " The guidelines provided in the Zoning Ordinance allow many relatively large scale projects to be reviewed and approved at the administrative level. This precludes Planning Commission review and public input through the Public Hearing process, unless an appeal is filed. For Precise Plans, notice of approval is published in the Atascadero News and mailed to adjoining 2-88 Staff Staff Report March 15, 1988 Page 3 property owners. This is the only notice that is given which could lead to the filing of an appeal. The opportunities for public comment on Precise Plans is, then, much less than that provided for Conditional Use Permits where a public hearing is required. Attachment A is a Staff Report to the City Council that provides additional information on the processing of Precise Plans and Conditional Use Permits. Staff concurs that certain large scale development projects should be subject to a higher level of review than that which is currently provided by the Precise Plan process. Utilizing the Conditional Use Permit process to review large scale projects would provide for heightened public awareness and scrutiny through the broader notification requirements and public hearings. If development projects are " . . .of a nature or magnitude which could significantly affect their surroundings" , more than -Precise Plan approval should be required. Defining what constitutes a "large scale" project is, however, somewhat subjective. Attachment A contains a chart listing various residential and commercial projects approved under the Precise Plan process. The report recommends that multi-family projects in excess of twenty- five (25) units and non-residential projects in excess of 15, 000 square feet of building or outdoor storage area should be made subject to the Conditional Use Permit process. The City Council suggested a lower threshold when they initiated this text amendment, however. The Council suggested that a twelve (12) unit multi-family project or a non-residential project containing 10, 000 square feet of building or outdoor storage area should be considered a "large scale" project. Staff concurs that this lower threshold level is appropriate and should be utilized at least on a trial basis. This level can be adjusted in the future if experience warrants. C. RECOMMENDATION: Staff recommends that the Commission approve the attached draft ordinance and recommend its adoption to the City Council. ATTACHMENTS: Attachment A - November 24, 1987 Staff Report to the City Council Attachment B - Draft Ordinance Attachment A M E M O R A N D U M TO: Mayor and City Council November 24, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director *E RE: Staff/Planning Commission/City Council Development Approval Authority BACKGROUND: At the September 24, 1987 joint City Council/Planning Commission meet- ing, there was discussion of the delegation of responsibilities for various planning entitlements. Concern has been expressed by some Council members as to which types of projects should be required to have public hearings and before whom (Planning Commission or City Council) . As a result, staff was requested to report back to the City Council on two areas: (1) precise plans/conditional use permits and (2) subdivision maps. This memorandum responds to the former and a comprehensive re-write of the Subdivision Ordinance will be before the Council in the near future dealing with the latter. • ANALYSIS: Precise Plans - At present, precise plans are approved by City staff .following interdepartmental routing for appropriate conditions of ap- proval. In last year 's budget, some 70 precise plans were expected to be processed. Notices of project approvals are published in the Atas- cadero News and abutting property owners are notified by mail. Indi- viduals (including Planning Commissioners and City Council members) may appeal any project within 14 days of staff approval. Absent an appeal, a project may proceed to the building permit stage. Conditional Use Permits - are a delegated responsibility to the Planning Commission and require a 10 day advertised notice in the newspaper together with notification of property owners within a 300 foot radius of the project site. Conditional use permits are final after a Planning Commission determination unless there is an appeal by an aggrieved applicant or other party (including Planning Commission and City Council members) who have 14 days to appeal for a hearing before the City Council. The attached memorandum has been prepared to indicate the scale and characteristics of some of the major precise plans and use permits processed or in process. The following table summarizes the types of precise plans processed over the last 3 years. 0 ` Precise Plans: 1985 - 1987 Type of Project 1985 1986 1987 (3/4) Single Family/20% slope 26 32 31 Multi-family 23 23 5 Commercial/Industrial 15 9 5 Total No. -1-2' -;4- _TT_ With respect to conditional use permits in 1986, 5 were for freeway signs, 6 were for other types of signage approval and 11 were for uses requiring CUP approval by the Planning Commission, for a total of 22 conditional use permits in the last year. POLICY QUESTION: The question at hand is whether the level of review for all the pro- jects being processed by the City is sufficient to ensure both effi- cient processing and carefully conceived project approvals. Related to this is whether community notification is sufficient or has been working, or whether a higher level of review would be appropriate in certain instances. Staff supports the concept of precise plan ap- provals being delegated to staff for routine approvals, e.g. , single family residences on slopes over 20%. However , there are large scale projects which should receive greater public scrutiny in the form of full public hearings before the Planning Commission. The 400 unit le VandenBerghe project, for example, could have theoretically have been processed strictly as a staff review project. A determination was made to require an Environmental Impact Report and one public informa- tional hearing plus a full public hearing before the project was approved. Given the complexities and impacts that can occur with a larger scale multi-family project, staff would recommend that certain scale multi- family projects be the subject of conditional use permit hearings be- fore the Planning Commission. In addition, in looking at commercial projects, it should be noted that most commercial centers come to the Planning Commission for review solely on the basis of signage requests that exceed ordinance provisions. Here again, it would appear in the public interest to have larger scale commercial centers subject to use permit hearings before the Planning Commission prior to approvals. This would add relatively little time to the Department's turn-around standards adopted as part of the budget process. Precise plans are normally completed within four weeks; conditional use permits can take up to eight weeks. So there would be additional time required in such approvals, with the trade-off being a higher level of scrutiny and more public. A related question is whether use permits (precise plans and . condi- tional use permits) should be subject to City Council public hearings. Given the expectation of conceivably 70 precise plans and 20 use per- mits annually, or 90 agenda items , staff recommends basically retain- 2 ing the present system delegating minor use permits (precise plans) to administrative handling with appeals invited, but with CUPs being re- quired for larger scale multifamily and commercial/industrial projects in the future. A controversial project approval (or denial) by the Planning Commission may still be brought before the City Council through appeal. STAFF RECOMMENDATION: - Following discussion, as a scheduled item during a future Council meeting, initiate zoning amendments which would serve to modify the Zoning Ordinance' s provisions for precise plan and conditional use permit approval to require CUPs for the following scale projects: 1. Multi-family residential projects: plus 25 units 2. Commercial/Industrial: 15,000 square foot gross floor area or outdoor storage area HE:ps Enclosure: Project Scale Comparisons Memorandum - November 17, 1987 (file: htrn1117) i . 3 i M E M O R A N D U M TO: Henry Engen, Community Development Director FROM: Doug Davidson, Associate Planner RE: Project Scale Comparisons DATE: November 17, 1987 A. EXISTING COMMERCIAL PROJECTS Parking Square Feet Spaces Req. Acres 1. Precise Plan 2-86 (RMART) 86,000 285 8.3 3980 El Camino Real 2. C.U.P. 26-84 (Century 104 ,000 433 8.0 Plaza) 6905 E1 Camino Real 3. R810106 :1 (Lucky' s) 70 ,000 322 6.75 8605 E1 Camino Real (adj . granted for 300) --4. Precise Plan 30-87 (Hotel 69, 696 322 6. 7 Park) 5805 Capistrano (adj . requested) 5. C.U.P. 2-83 (Colony Park/ 44 , 000 132 2.43 Little) 3500 E1 Camino Real 6. C.U.P. 10-84 (Comm. Park/ 40 ,000 83 3.2 Filipponi) 3250 El Camino Real 7. C.U.P. 21-84 (Colony Inn 26 ,400 183 5 Hotel/Restaurant) 3600 E1 Camino Real . 8. Precise Plan 47-84 18, 000 84 1. 5 (Messer) 7425 E1 Camino (max. 20% adj . Real granted for 67) 9. Precise Plan 43-86 13 ,000 33 .40 (Golden West) 7500 Morro Road 10. Precise Plan 2-85 (Atas- 9, 000 14 2. 56 S cadero Ford) 3850 E1 Camino Real `PROPOSED 11. Precise Plan 25-85 6, 000 20 .40 ("Red/Blue Barn") 8865 Morro Road OTHER PROJECTS C.U.P. 17-85 (Madrid 88 , 000 438 6. 2 Plaza) (Previous Pro- ject Approval) 8890 West Front PROPOSED PROJECTS _ (PRELIMINARY STAGE) 1. (Messer) 9255 El 82,200 274 6.4 Camino Real 2. (McNamara) 8260 E1 94,900 316 8. 6 Camino Real B. MULTI-FAMILY PROJECTS Existing/Ap roved Parking No. Units Spaces Rett. Acres 1. Precise Plan 9-85 400 800 27 (VandenBerghe) 11300 Viejo Camino 2. Precise Plan 11-84 140 246 10 (Casa Camino) 10705 E1 Camino-Jornada 3. Precise Plan 9-84 64 112 4 (Montanaro) Viejo Camino 11145 E1 Camino Real 4. Precise Plan 36-85 36 64 2. 2 5760 Ardilla (expired) 5. C.U.P. 7-86 (Shahan) 36 64 2 9333 Musselman (w/density bonus) 6. C.U.P. 25-84 (Heim) 32 57 2 5550/5560 Traffic Way 7. Precise Plan 14-86 28 50 1. 75 (Montanaro) 7450 Santa Ysabel 8. Precise Plan 41-84 11 20 .70 (Shadowbrook) 8435 San Andres PLANNING COMMISPON - MINUTES EXCERPT - MA 15, 1988 the Staff.it t . y S recommendation is to initiate c sideration of the n me change. In res nse to question from Commissioner Hatchell, it was clarifie that this would save the $330 fee but still will require th review by the various emergency ervice agencies to be sure the a is no street name conflict fo owed by a hearing by the Planning Commission. There was no pu lic comment. MOTION: Mad by Commissioner Bo seconded by Commissioner Hatch 11 to initiate c sideration of the suggested name c ange. 'Tentative Pa el Map 2- 8 : Request initiated by 11 Dohan to subdivide 8. 28 acres into two parce co aining 4 . 14 acres each. Subject site is located 0705 Santa Ana Road; legal description being Lot 10 of Block 27 in Atascadero Colony. (Commissioner Lopez-Balb tin a ived at 7 :43 p.m. ) :r Steve Decamp presented the staff report recommending approval :subject . to nine cond' ions . In response to estion from Commi sioner Michielssen, it was pointed out that is is a vesting tent tive parcel map which was enabled by sta a . law to protect dove opers from changes to a general plan or zoning mid-way through sub ivision projects . In this particu r instance, it is unlike that the tentative parcel map d ignation will lock in anything hat may be subject /Thee ange in the City. g was opened to the public and Tom ughan confirmed tandard procedure there is filing "vests g" maps in all even on smaller splits such as this . They have no th the proposed conditions of approval . o further public comment. : Made by Commissioner Bond, seconded by ommis- sioner Lopez-Balbontin and carried unanimou ly to recommend approval of Tentative Parcel Map\.2-88 subject to proposed staff findings and conditi�1s . 3 . Zone Change 2-88 : Request initiated by the City of Atascadero to amend the Zoning Ordinance text to require that large scale non-residential and multiple family projects be reviewed and approved by the conditional use permit process. PLANNING COMMIOION - MINUTES EXCERPT - MOH 15, 1988 Steve Decamp presented the staff report noting that this had been initiated by the City Council in response to concerns that there were very large scale projects being approved at staff level and it would be appropriate to have more public participation by requiring conditional use permits . It was noted that for non- residential projects, 10,000 square feet in gross floor area or storage area would require a CUP, and multi-family projects 12 units or more would require a CUP. There was no public testimony. Commission discussion then centered on whether 12 unit projects should be the proper threshold. Commissioner Michielssen stated that he believed that 16 units was the State requirement for on- site management and this might be a better figure which happened to be the same one as was in existence under the old County ordinance. Commissioner Lopez-Balbontin questioned whether a lower unit per acre standard might be appropriate. Staff advised that this should not dramatically increase. the hearings scheduled before the Planning Commission in that many of the commercial projects come to the Commission in a different form, i.e. , sign requests, parking adjustment requests; while multi-family projects have declined dramatically in the last year. MOTION: Made by Commissioner Kidwell, seconded by Commissioner Bond and carried unanimously to recommend approval of Zone Change 2-88 as initiated by the City Council. C. PUBLI COMMENT None. D. INDIVIDUAL COMMEN 1 . Planning Commissi6A Commissioner Bond inquired ' to the latest status of the response from the Post Office. . Hry Engen indicated that there had been discussion relative ,to possly being able to use the stockpiled dirt from the `post offic construction site at the Traffic Way fields, and we :are waiting r� a response to our letter. `� _ \\ Commissioner Boninquired of the liquor application at the Traffix site, and DeCamp responded that approval of a liquor license at at location would require an amend ent to the conditional use/, permit for the teen-age facility at was recently app ro ed. 0 ORDINANCE NO. 170 AN ORDINANCE OF THE COUNCIL OF THE CITY OF r ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT REGARDING THE LEVEL OF REVIEW REQUIRED FOR CERTAIN LARGE SCALE PROJECTS (ZC 2-88: CITY OF ATASCADERO) WHEREAS, the proposed zoning text amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on March 15, 1988 and has recommended approval of Zone Change 2-88. NOW, THEREFORE, the Council of the City of Atascadero does . ordain as follows: Section 1. Council Findings. 1. The proposal is consistent with the General Plan Land Use element and other elements contained in the General Plan. 2. The proposal will not result in any significant adverse environmental impacts. The negative Declaration prepared for the project is adequate. Section 2. Zoning Text Change. Zoning Ordinance Text Amendment 2-88 is approved to change the text of the Zoning Ordinance as shown in the attached Exhibit A, which is made a part hereof by reference. 0 Ordinance No. 170 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by the motion as approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: 46. 2Zk"--W HENRY EN EN, C unity Development Director 0 Exhibit A 9-2. 108. Precise Plan. Precise Plan approval is required when a development or use of land is listed in a particular zoning district as an Allowable Use and when it is determined by the Planning Director that the development project, or the establishment of a use of land which is not a development project, is not eligible for a Categorical Exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Precise Plans consider the greater effects such uses may have upon their surroundings, and the characteristics of adjacent uses which could have detrimental effects upon a proposed use. Large scale projects (multiple family developments containing twelve or more units, or non-residential projects containing 10, 000 square feet or more of building or outdoor storage area) will require Conditional Use Permit approval even if such uses are listed as Allowable uses in a particular zoning district. The preparation and processing of a Precise Plan shall be as follows: 9-2. 109. Conditional Use Permit. The Conditional Use Permit is the process used to review land use proposals of a nature or magnitude -which could significantly affect their surroundings. Such land use proposals include: 1. Uses that are shown as Conditional Uses in a particular zoning district; or, 2. Multiple family_ residential developments consisting of twelve (12) or more units, even if such a development is listed as an Allowed Use in a particular zoning district; or, 3. Non-residential developments containing 10, 000 square feet or more of building or outdoor storage area, even if such a development is listed as an Allowable Use in a particular zoning district. Because of the intensity of such uses, public review and input into decisions on whether to approve such proposals is needed. That input is given in a public hearing before the Planning Commission. The Conditional Use Permit is a discretionary approval and the Planning Commission may approve or disapprove a Conditional Use Permit or may adopt additional conditions of approval. Conditional Use Permit applications may be denied by the Planning Commission because of specific findings identified through public hearing testimony or because of provisions of this Title. When Conditional Use Permit approval is required to aethe�i�e-a-ege-hy-Eha�te�-3-3-f�e� $�-Bigt�iets}, preparation and processing of the application shall be as follows: NOTE: Underlined text to be added, 4aghed text to be deleted I , , ,. 1 �-7 1 " I �, �,:, � 1, �, � , � I , I �:,� � ,I X 'o�,7',,���I�'",I/, 1, t 11 I I , , I -1 ,�� . 9, I - I� I - �,�, 11 '. I I I I , � I I � - � � ,�,, ,�, I I I� �--"I I, � 11 ,: t�!"A& :, ", ,�i", , I ,.,,)� I I-I-,I I, �-�I �, I , ,-- , ,�,, , I I —� * I —. 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' ' , 10' asp evcl f % , ., yyt � >Mew r��� ' a. -"ye w *4 � " , /' *k +L '. "^i#�i3�� h r aF 04 t �o('f, 1+1 JG - / , e.Y �., x' s w ! ' ' � ' '4'44 , • Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15 ) days after its passage in the Atacadero 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 in the Book of Ordinances of this City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded the motion was approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney • PREPARED BY: 4&q.-14 HENRY ENGEN Community Developmeg Director As Revised by City Council 3/22/88 EXHIBIT "A" "TREE ORDINANCE" 9-4 . 155 . TREE PROTECTION: Preservation of natural flora and fauna is a basic community goal of the Atascadero General Plan. ( a) PURPOSE : The trees of Atascadero are valued community assets . The purpose of this section is to establish regulations for the installation, maintenance, preservation, and selected removal of native and heritage trees within the City. In establishing these procedures and standards, it is the City' s intent to encourage the preservation of trees and other natural amenities with sensitive design and development practices . City review of proposed projects shall take into consideration trees existing on the property with applicants encouraged to design projects to utilize existing trees in the landscaping pattern. The provisions of this section shall apply to all property within • the City of Atascadero, public or private, and to any person, firm, corporation, public or private utility. (b) TREE PROTECTION PLAN: In order to protect trees during construction of a project and to maximize chances for their subsequent survival , a tree protection plan shall be required as part of applications subject to this section. Said plans shall !✓ be approved by an T„tern-a . "iiai ao -bsriE S&)5��, . certified arborist chosen from a list recommended by the Tree Committee and designated by resolution of the City Council as acceptable to the City of Atascadero. The arborist must certify that the project as proposed complies with the City' s criteria to preserve and protect existing trees from indiscriminate or unnecessary removal and damage. The Community Development Director, in case of disagreement with the arborist' s recommendations , may seek a second qualified arborist' s opinion ( at City expense) and reject or modify plans as submitted. ( 1 ) When Required. The tree protection plan shall be required as part of the materials submitted for a plot plan, precise plan or conditional use permit approval . ( 2 ) Application Content . Applications shall include all information specified by Section 9-2 . 107 (b) (Plot Plan Content) and: • ( i) size, species , state of health, and estimated dripline of each tree within twenty ( 20 ) feet 1 0 • of all development areas (including any areas where trenching is proposed) . ( ii) measures proposed to ensure the survival of remaining trees through the construction process and thereafter. ( iii) size and species of trees proposed to replace those proposed for removal . (3 ) Tree Protection Standards . Approval of tree protection plans shall require compliance with the following standards : ( i) Tree Identification. Trees proposed for removal shall be identified for field inspection by the arborist utilizing a City- provided. identification sign. Notice of Tree-Removal Permit shall be posted so as to be visible from the street. ( ii) Drip Line Protection. The developer is responsible, through final building inspection, for the preservation of all trees which are to remain on the project site. Towards this end, the following are required: Parking of vehicles or storage of equipment and materials under the dripline of protected trees is prohibited during construction. • Fencing. Each tree or group of trees to be preserved shall be protected by enclosure with a five foot fence prior to grading, movement of heavy equipment, or approval of . any plans . Location of the fence shall be at the discretion of the arborist subject to City approval . ( iii) Landscape plans , when required, must show the proposed landscaping within the dripline of trees . ( iv) Performance bond may be required in a form acceptable to the City prior to issuance of an entitlement to assure protection of trees on the site . The amount of any set bond shall be $1 , 500 or the value of affected trees , whichever is greater, based on "Manual for Plant Appraisers" , Council Of Tree and Landscape Appraisers, First Edition, 1986 , a copy of which is available for review in the Community Development Department. If, in the 2 • opinion of the certified arborist, no violation or no damage has occurred during construction, the bond shall be returned upon final building inspection. If damage, however, has occurred the bond shall be held for three years and forfeited if, in the opinion of the certified arborist, permanent damage has occurred. (v) Nonconformance. In case of nonconformance with tree protection requirements , the Community Development Director shall issue a Stop Work Order until all requirements have been met. (vi) Unauthorized work. Should unauthorized work lead to tree damage or destruction, the Community Development Director shall issue a Stop Work order until the developer has mitigated the damage done pursuant, but not limited to, criteria contained in Subsection (b) (3 ) ( iv) Performance Bonds and Subsection (c) ( 5 ) Replacement Trees . The matter may be appealed to the Planning Commission. (c) TREE REMOVAL PERMIT: Tree removal means destruction or displacement of a tree by cutting, bulldozing, or other mechanical or chemical means, which results in physical transportation of the tree from its site and/or death of the tree. ( 1 ) When Required: For native trees, no person shall allow or cause the removal of a tree over twelve ( 12 ) inches or more in circumference or four ( 4 ) inches or more in diameter measured four (4 ) feet above grade without first obtaining a tree removal permit unless otherwise exempted herefrom. (Refer to Section 9- 4 . 155 (d) for special provisions for heritage trees ) . Native trees shall be those species as defined by Resolution of the City Council . For non-native trees, refer to Subsection (c) ( 7 ) ( 2 ) Exemptions : A tree removal permit is not required for the following: ( i) Trees that are identified and approved for removal in an approved plot plan, precise plan, or conditional use permit provided that such removal is subject to removal criteria of Section 9-4 . 155 (c) ( 4 ) ; or 3 ( ii) Trees in a hazardous condition which presents an immediate danger to health or property; or ( iii) Trees that are to be pruned, cut above ground, removed, or otherwise disturbed affecting less than 30% of the tree crown. ( iv) Trees that are to be removed as part of management practices in orchards , Christmas Tree Farms, or nurseries . (3 ) Application Content: Applications that propose tree removal shall include all information specified by Section 9-2 . 107 (b) (Plot Plan Content) and the following: ( i) The size, species, and condition (e.g. diseased, healthy, etc . ) of each tree proposed for removal . ( ii) The purpose for removal . ( iii) The size and the species of any tree proposed • to replace those intended for removal . (4 ) Tree Removal Criteria: Trees proposed for removal shall be identified for field inspection by the applicant utilizing a City-provided identification sign. Notice of tree removal permit shall be posted so as to be visible from the street. An application for tree removal may be approved only when at least one of the following conditions is satisfied and certified by a certified arborist and approved by the Community Development Director: ( i) Dead, diseased beyond reclamation, or hazardous . ( ii) Crowded, with good horticultural practices dictating thinning; ( iii) Interfering with existing utilities , structures , or right-of-way improvements; provided that right-of-way improvements- especially sidewalks - shall accommodate existing trees whenever possible . ( iv) Obstructing existing or proposed improvements that cannot be reasonably designed to avoid the need for tree removal . 4 (v) Inhibiting sunlight needed for either active or passive solar heating or cooling, and the building of solar collectors cannot be oriented to collect sufficient sunlight with- out total removal of the tree . ( 5) Replacement Trees : Except where, upon recommen- dation of the arborist, the remaining tree cover is so extensive that tree replacement would serve no useful purpose, removed tree( s ) shall be replaced with a similar native tree or a number of trees which will provide equal aesthetic quality. The minimum size of a replacement tree shall be in a fifteen ( 15 ) gallon container. (6 ) Non-Native Trees . For non-native trees 8 inches in diameter or greater, a removal permit shall be obtained, but tree protection standards shall not apply. ( i) Tree Identification. Trees proposed for removal shall be identified by the applicant utilizing a City-provided identification sign. Notice of tree removal permit shall be posted so as to be visible from the street. (d) HERITAGE TREES : Heritage trees are established as a special group of trees which - due to age, size, visibility, or historic nature - deserve special consideration for preservation and protection. ( 1) Definition: i Any native tree as de y y fined b Cit Council Resolution, over sixty-three (63 ) inches in circumference or twenty ( 20) inches or more in diameter measured four (4 ) feet above grade or a multi-trunk tree with a circumference of seventy (70 inches or more. ) ( ii) Any other tree designated by Resolution of the City Council on the basis of age, size, location, visibility or historic origin. ( 2 ) Tree Removal Criteria. A heritage tree shall not be removed except as follows : ( i) The tree is approved for removal by the City Council , following public hearing. ( ii) The tree has died or become a hazard as determined by a certified arborist . 5 0 • • Any removal so authorized shall be granted a tree removal permit subject to replacement tree conditions . ( e) PENALTIES : Penalties for violation of this ordinance shall be as set forth in Chapter. 3 of Title 1 of this Code . 9-4 . 156 . (Reserved- Street Trees) : 9-4 . 157 . (Reserved - Tree Management Plan) : • 6 RESOLUTION NO. 33-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING A LIST OF CERTIFIED ARBORISTS AUTHORIZED TO PREPARE TREE PROTECTION PLANS IN THE CITY OF ATASCADERO (PER ORDINANCE NO. 168 , ZONE CHANGE 1-88) WHEREAS, the Council of the City of Atascadero has appointed an ad-hoc Tree Committee to make recommendations that preserve and pro- tect trees in the City of Atascadero; and WHEREAS, the Tree Committee has made a number of recommendations towards this end including adoption of the tree protection ordinance, Ordinance No. 168; and WHEREAS, said ordinance provides in Section 9-4.155 (b) Tree Pro- tection Plans that " . . . . tree protection plan shall be required as part of applications subject to this section. Said plans shall be approved by an International Society of Arborculture (ISA) certified arborist chosen from a list recommended by the Tree Committee and designated by resolution of the City Council as acceptable to the City of Atascadero" ; and WHEREAS, the Tree Committee has submitted such a list to the Cityl Council for action; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The list is consistent with accomplishing the goals and poli- cies of the City' s General Plan. 2. The list is categorically exempt from the provisions of the California Environmental Quality Act. NOW, THEREFORE, the Council of the City of Atascadero does resolve to approve the attached certified arborist list dated April 12, 1988 who shall be authorized to perform certified arborist functions as required under Section 9-4.155 of the City' s Zoning Regulations. Effective date for utilization of said guidelines shall be the effec- tive date of Ordinance No. 168 (or May 13, 1988) . On motion by and seconded by the motion was approved by the following roll call vote: AYES: NOES: ABSENT: • DATE ADOPTED: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager PREPARED BY: HENRY7ENGENk Community De elopme t Director 2 April 12 , 1988 CERTIFIED TREE ARBORIST LIST City of Atascadero (TO- ,VE'''T'RATS11' 'f'TE UPO RE ATASCADERO TREE COMMITTEE RECEIVED APPg WESTERN CHAPTER __.. . ' 9 1 8$ • (J-W'ttel•11AttOv1A� oC Cf of U4 �•�ot•ict4Itt411e trr4 Y ARIZONA CALIFORNIA HAWAII NEVADA C E R T I F I E D A RBO R I S T SC�E�3i -TT�1�'[C73� June, 1987 = 88-------- -C 1 CERTIFICATE -(EJ¢or»:_-T1e2EE .�GM ]TTe'�lr NAME NUMBER COMPANY CITY/STATE Todd Ablin 167 Urban Forestry Consultant Bakersfield, CA Edward B. Adams 104 Adams Tree Care Albany, CA George Ahlgren 171 City of Woodland Woodland, CA David J. Anderson 101 Bartlett Tree Expert Co. San Rafael , CA Greg Applegate 180 SeaTree Nurseries East Irvine, CA James Asher 311 Consulting. ForesterLake Arrowhead, CA Richard Baldwin 111 Consultant :_ Ventura, CA Ralph Barnard 313 Akamai Tree Service Honolulu, HI James P. Barry 265 Barry Tree Care Fullerton, CA • Steven Batchelder 228 Self-Employed Crockett, CA Uvie Beckham 181 Beckham's Services Oxnard, CA R+e-k-+e-Bedard 1.42- Lee's Tree—S*rsgeons S-ar-ataga,CA E. Robert Bi_chowsky 164 Butlers Mill , Inc. San Diego, CA Steve Bickford 112 White Mountain Tree Service St. Helena, CA Christopher Bier 296 Bartlett Tree Expert Co. San Rafael , CA "k F-Eurt-is—Black T45-- C. y- Oxnard, �A �� -�f--A)(�hat�U- v�Trar- � G. Dale Bowman 230 Rumble Inc. Salida, CA Christopher Boza 268 City of San Jose San Jose, CA Rickey. S. Brandini 144 City of Gilroy Gilroy, CA Steven Brasher 164 City of Los Gatos Los Gatos, CA James Braten 318 Landcrafts Chico, CA Jack Brazeal 163 City of San Luis Obispo San Luis Obispo, CA Blaine Brende 211 Brende & Shapiro Oakland, CA Edward Brennan 105 Arbor Vitae Tree Service San Francisco, CA John C. Britton 110 John Britton Tree Service St. Helena, CA Tim Brooke 232 Alexander Tree Service Livermore, CA Peter Brooks 319 Brooks Tree Care San Anselmo, CA Patrick Burns 233 City of Santa Clara Santa Clara, CA Patrick V. Burns 275 Calif. Dept. of Forestry Palo Alto, CA Certification Committee P.O. Box 424 • St. Helena, CA 94574 CERTIFICATE NAME NUMBER COMPANY CITY/STATE William A. Carroll 292 Austin B. Carroll & Son North Highlands, CA • Eric Chamberlain 150 Chamberlain Weed Control Claremont, CA Kurt Chambers 320 Guido Ciardi _5 _Q62 S.F. Parks & Rec. Dept. San Francisco, CA Mike Clark 305 Mike's Tree Service Menlo Park, CA Daniel L. Condon 270 City of Santa Barbara Santa Barbara, CA Cliffton Cope 261 Channel Island Landscape Santa Barbara, CA Peter Cowles 149 City of Modesto Modesto, CA Bruce Craig 282 Santa Barbara Pest Control Santa Barbara, CA Jeffrey A. Creque 191 Self-Employed Bolinas, CA Tripp .B. Curtis 234 Mr. Trees San Ans lmo CA PP e Kurt Dahlgren 182 City of Simi Valle Simi Valle CA - 9 Y y y� John H. Danielson 235 Marseille & Associates Inc. Pleasant Hill , CA Thomas Davis 279 Davis Tree .Service Santa Cruz, CA Daniel Dew 269 Tree Tech- San Diego, CA Judith Donaghey 113 Merritt Community College Oakland, CA David S. Downing 293 Pacific Slope Tree Service Bolinas, CA William M. . Dufresne 263 City of Modesto Modesto, CA Charles Duncan 303 City of Merced Merced, CA Berra-1-d—€. Eelse-Ts -11* C--ty-of—saer-arnen-i o S aer-ament-a,—CA- Jack Edmondson 280 City of Ventura Ventura, CA Lew J. Edson 172 Bartlett Tree Expert Co. San Rafael , CA Peter Ehrlich 212 S.F. Parks & Rec. Dept'. San Francisco, CA Richard Elefant 115 The ForesTree Company Berkeley, CA Jonathan Fairoaks 116 Happy Tree Service Oregon House, CA Martin• J. Fitch 117 City of Sacramento Sacramento, CA - 1 Herb Fong 1S4 14JF Stanford University Stanford, CA Douglas Forrest 266 Self-Employed Lake Arrowhead, CA John B. Fournet 238 S.F. Parks & Rec. Dept. San Francisco, CA Douglas Fox 317 Doug Fox Specialty Contractor Kaneohe, HI Mark Frizzell 210 Sacramento Municipal Uti1 . Dist. Sacramento, CA Randall Frizzell 118 Frizzell ' s Tree Care Shingle Springs, CA Denice Froehlich 108 John Britton Tree Service St. Helena, CA Jerry L. Gedatus 239 City of Woodland Woodland, CA - Chuck Gilstrap 302 City of Modesto Modesto, CA Lawrence Graham 321 Pacific Tree Ltd. Larkfield, CA Veronica Grayson 241 Consultant Penngrove, CA Michael Greene 103 Bartlett Tree Expert Co. San Rafael , CA CERTIFICATE NAME NUMBER COMPANY CITY/STATE •Mark S. Grover 242 Grover Landscape Inc. Modesto, CA Eric Guenther 322 Brooks Tree Care San Anselmo, CA Walter W. Guina 158 Newt's Wood Wagon Danville, CA Bruce W. Hagen 243- Calif. Dept. of Forestry Sonoma, CA Bryan G. Hale 244 Plymouth, MI David C. Hallam 300 City of Fresno Fresno, CA John Hartley 152 Napa, CA William Hartley 136 Self Employed Napa, CA David Hatcher 146 City of Merced Merced, CA . F_i i r+vc.rcn--uc 1�n 454 Rr-f roc e t o n,-N:a. Lance Henry 226 Steven' s Tree Experts Pasadena, CA Robert Hoffmann 306 Treescapes Oakland, CA Stephen Holcomb 183 Golden .Coast Env. Services Irvine, CA Steven Hollett 204 Calif. Dept. of Forestry Palo Alto, CA Randy D. Hopp 245 International Tree Experts Los Gatos, CA Robert H. Horton 274 Insured Tree Service Cedarpines Park, CA Don Hourigan 168 Hourigans Tree Service Sebastopol , CA Woseph W. Howard 298 S.F. Parks & Rec. Dept. San Francisco, CA Dudley Hulbert 312 Trees of the Tropics Honolulu, HI Richard Huntington 119 Mayne Tree Expert Co. , Inc. San Mateo, CA Michael Hutnick 120 Sta-Green Tree Service Carmichael , CA Stephen W. Johnson 190 Pacific Slope Tree Company Bolinas, CA William Jones 283 City of Berkeley Berkeley, CA Dolores Keith 277 Tree Trimmers Log Ojai , CA John Keith 276 Top Notch Tree Service Ojai , CA Alden Kelley 267 Self-Employed Anaheim, CA William Kimm 323 Kimm's Tree Service Oroville, CA John Kipping 205 Custom Tree Shaping Lotus, CA Ted Kipping 301 Self-Employed San Francisco, CA Samuel Knapp 166 Knapp Tree" Service Riverside, CA Dennis-Knewl_es 1-40 T-k-e-T-r—e --Dee-ter Atascadero, CA James R. Kraus 246 Sta-Green Tree Service Carmichael , CA Martin Kutches 121 Kutches Tree Service San Francisco, CA Wsa-1 Allen P. Lagarbo 159 City of Modesto Modesto, CA LaVasseur 184 Golden Gate Tree Service Mill Valley, CA Ron Liljedahl 208 Chabot College Livermore, CA Benjamin Little 178 Benjamin L-ittle Surgery Mill Valley, CA James Littlefield 122 City of Redwood City Redwood City, CA Y ` CERTIFICATE NAME NUMBER COMPANY CITY/STATE Craig Lundin 185 Tree Sculpture Piedmont, CA Marshall Lyons 123 The ForesTree Company Berkeley, CA Donald MacKenzie 284 Calif. Dept. of Forestry San Ramon, CA Michael Mahoney 141 Healdsburg Tree Service Healdsburg, CA Gordon Mann 151 City of Redwood City Redwood City, CA Dudley Marburger 165 Dudley's Trees Casa Grande, AZ Nelda P. Mathen 195 Y Hort Science Inc. Pleasanton, CA Leslie S. Mayne 179 Leslie S. Mayne Associates Burlingame CA Frank McKeever, I11 278 Davey Tree Company Livermore, CA Joseph McNeil 102 Lion Tree Service Oakland, CA California McRoskey 170 McRoskey Landscaping, Inc. Burlingame, CA Kenneth D. Meyer 162 Mayne Tree Expert Co. , Inc San Mateo, CA David Mings 273 L.A. County Dept.-,of Public Works Los Angeles, CA Gi- 1 meq_ phi —�urrge��G —rnc. Sanr-Jose—, CA- Robert Morey 176 Marin Tree Service San Rafael, CA Ray Morneau 132 City of San Mateo San Mateo, CA Robert Mullins 137 City of Redwood City Redwood City, CA Jim Mussells 324 Reliable Tree Experts Oakland, CA Lee S. Nachtrieb 247 Always Quality Tree Service Concord, CA William R. Nahmens 125 Davis Tree Service Menlo Park, CA Dan Neff 213 City of Santa Rosa Santa Rosa, CA David Nelson . 133 Treescapes, Inc. Oakland, CA Delos 'Sonny' Ness 186 City of Scottsdale Scottsdale, AZ William Newton 139 Newt' s Wood Wagon Danville, CA Steve Nimz 314 The Tree People Honolulu, HI Bernard S. Noonan 107 Noonan's Tree Care Santa Rosa, CA Mark O'Brien 138 O'Brien Tree Service Menlo Park, CA Stanley Oka 316 Dept. Parks & Rec. Honolulu, HI Donald Osborne 281 Davey Tree Company Livermore, CA Bill Owen 209 Landscape Architect/Consultant Pleasanton, CA Michael Oxman 325 Oxman Tree & Landscape Grants Pass, OR Wayne Parish 207 Tree Care Oak View, CA Dennis R. Parrish 248 City of Woodland Woodland, CA P u" ° °al;r-i-ck T5 7 P a4f - ree--C-are C a1i-s toga,--CA • Thomas Pehrson 126 Davey Environmental Services Livermore, CA Bruce Pennington 326 Fairweather Gardening Service Walnut Creek, CA Brian Perry . 308 Knapp Tree Service Riverside, CA Ed Perry 109 U.C. Cooperative Extension Modesto, CA CERTIFICATE NAME NUMBER COMPANY CITY/STATE • Patricia L. Thompson 198 No Nonsense Gardening Concord, CA Gerald J. Tilton 299 City of San Francisco San Francisco, CA 4-2$ city o f S a c vame4i-1 4- sSE ��+tb tl f-bA Richard Tomlinson 201 City of Santa Monica Santa'Monica,GA Art Tonneson 199 City of San Luis Obispo San Luis Obispo, CA John Traverso 206 Traverso Landscaping Walnut Creek, CA Michael A. Tyers 197 Able Tree Surgeons Inc. San Jose, CA John Vallerga 155 City of Woodland Woodland, CA Bruce Van Dyke 287 Self-Employed Santa Barbara, CA Olive Vanselow 315 The Tree People Honolulu, HI Warren Vignato 173 Self-Employed Kealakekua, HI Patrick D. Wait 294 Four Season' s Gardening San Jose, CA 4- cer 14-� Ca��-e & ► d O ward;EA Robert W. Walton 192 Homestead Tree Service San Diego, CA Derald D. Weaver 256 City of Modesto Modesto, CA Terence Welch 115 Gourmet Pruning Woodside, CA Ronald G. Whitaker 271 Up Your Tree Pruning Camarillo,' CA •Rod Whitlow 257 Laguna Nurseries Elk Grove, CA Jack B. Wiggin 297 City of Napa Napa, CA Adrian Wilkins 223 Griffin Tree & Landscape Santa Barbara, CA Scot Wineland 331 Wineland Walnut Tree Service Chico, CA Loren Wiser 262 City of Sunnyvale Sunnyvale, CA �f`Re13€ -Wad rs 143 "arfi—I rrc: Parts4]a--Val l ey;--CA Robert Yamane 129 Noonan' s Tree Care, Inc. Redwood City, CA Dennis Yniguez 130 Self-Employed Berkeley, CA Torrey Young 131 Treescapes Oakland, CA CERTIFICATE NAME NUMBER COMPANY CITY/STATE John M. Phillips 106 Bartlett Tree Expert Co. San Rafael , .CA • Robert W. Phillips 260 Bartlett Tree Expert Co. San Rafael , CA Roger Poulson 127 Sta-Green Tree Service Carmichael , CA David Powell 327 Davey Tree Surgery Livermore, CA Merton J. Price 290 Santa Clara Dept. of Agri . San Jose, CA Warren Prindle 304 S.F. Parks & Rec. Dept. San Francisco, CA James Riboli 196 Lagunitas, CA` Teri A. Rice 175 Monarch Tree Service Dixon, CA Jesse E. Rios 250 Calif. Dept. of Forestry Palo Alto, CA Gene Robi.nson 295 R-B Enterprises Sacramento, CA Donald F. Rodrigues 272 Delta Pacific Hort. Inc. Ventura, CA David Roger 285 City of West Covina West Covina, CA James W. Ross 251 City of Reno/Parks & Rec. Dept. Reno, NV Frederick Roth 161 Roth Tree Care/Cal Poly Pomona Rancho Cucamonga, CA Eric D. Rumble 252 Rumble Inc. Salida, CA Rick Russell 194 Deva Tree Company Redding, CA William Rutherford 202 City of Sacramento Sacramento, CA Sherburn R. Sanborn 258 Calif. Dept. of Forestry Sonoma, CA . David Sandage 124 City of Palo Alto Palo Alto, CA Ralph E. Sandborn 177 Sandborn Tree Service Sebastopol , CA Charles Schaffer 224 City of Lakewood Lakewood, CA Joseph Schneider 156 Pacific Tree Care Calistoga, CA Stephen R. Scott 180, Calif. Dept. of Forestry Palo Alto, CA Robert S. Scudder 254 Self-Employed . San Francisco, CA Susan Sims 286 Sims Agriculture Mira Loma, CA Edwin Slowik 187 TreeCo Ventura, CA = W. Gregory Smith 328 Greg Smith Tree Service Glen Ellen, CA William Spiewak 310 Bill ' s Tree Care Santa Barbara, CA John Spurgin 214 Master Tree Care Sacramento, CA John A. Stepp 174 Stepp's Tree Service Palo Alto, CA Steve M. Sukke 193 City of San Luis Obispo San Luis Obispo, CA D. Luke Sullivan 225 Sullivan' s Tree Specialist Ojai , CA Mark R. Sustarich 291 City/County of San Francisco San Francisco, CA William R. Sutton 255 Modesto Tree Service Modesto, CA Dennis Swartzell 309 University of Nevada Las Vegas, NV • David Sweetnam 307 Self-Employed Surrey, England Jeffrey Thomas 329 Scott Mayer Tree Service Portland, OR Matthew Thompson 330 City of Healdsburg Healdsburg, CA CERTIFICATE NAME NUMBER COMPANY CITY/STATE • Harry Buss 333 City of Vallejo Vallejo, CA Eugene Butry 357 Arble Tree Paradise, CA Douglas Conklin 349 City of Sausalito Sausalito, CA Jodee Devries 335 Hewlitt Packard Palo Alto, CA David Dockter 351 The Tree Dockter Company Los Gatos, CA Timothy Downey 336 City of Ventura Ventura, CA Richard Folz 352 Arbor Vitae Tree Service San Francisco, CA Donald Glew 337 City of San Rafael San Rafael , CA Michael Haines 338 Arbor Vitae Tree Service San Francisco, CA Barton Harvey 339 City of Modesto Modesto, CA Hobbs, Edwin 353 B & H Tree Service, INc. Moraga, CA Michael Howe 340 Santa Barbara Tree Service Santa Barbara, CA Brian Koch 341 Golden Coast Environmental Svc. Irvine, CA Jerry Koch 354 City of Chico Chico, CA Richard Leongr 355 Calif. Dept. of Forestry San Ramon, CA Leonard Markowitz 342 City of Simi Valley Simi 'Valley, CA Todd Martin 343 Davey Tree Surgery Company Livermore, CA • Daniel McKenna 356 City of San Francisco San Francisco, CA Rick Misuraca 358 City of Mill Valley Mill Valley, CA John Peterson 344 Cal Trans Foster City, CA Rory Pool 359 Art & Science Tree Service Glen Ellen, CA Kevin Raftery 360 Consultant Woodside, CA Dave Ragan 345 Dave' s Tree Service Arroyo Grande, CA Chuck Scovell 346 Scovell Tree Surgery Paso Robles, CA Scott Seargeant 347 Town & Country Arboriculture Svc. Visalia & Fresno, CA Peter Sortwell 361 Arbor Care/Environmental Care San Jose, CA Brian Spigelman 362 City of San Francisco San Francisco, CA Greg Spry 332 Costello' s Tree Service San Francisco, CA Howard Yamamoto 363 Dublin/San Ramon Svc . Dist. Dublin, CA David Fiske 237 Mr. Trees San Anselmo, CA oc N cn 0 toCL y"o 0 j; cr. �c Co W Q Uj ` W N U U17 3 yg�noayb L131dVH3 NE131S3M owgv o i VLSb6 d0 'OualaH "IS ...m.� - :. 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D� Q m (D o D�(Q ��' Q3 mcD o Q � � �, QQ ° 5 (D � C Q ;0(D Z Qw m O - �Q (Da0Q (D Qw r^ (D 3 �� Q (DQ- Q (D FD a o o.nQ � Q� (D ° aQ N ' o ' Q < C 0 C a° ? o ' 3 (D 3 y 7 S 3- O O Q 3 a D Q - Q -`0 y (D � ' -,Q_ c n Q m 00 Z � y O O y O a (p N. 0 07 Z y -(Q < 0 0 :7O (D N O L O U ((D O O Q QQ Q G (D C y 6 O ^Q (Q Cj u ° Q Q D -a o 3. c° ? rZ) CDn CD y(Q m 5-(D cQ < y(Q m n Q O (D (D (Q 7 (Q rCD Q `7 Q- D a APPLICATION FOR CERTIFICATION EXAMINATION Applying for Certified Tree Worker Certified Arborist Name Address City. State, Zip Phone( ) WORK EXPERIENCE: Must be able to verify years experience required for Certification. Company Name (Current) Position: Address Zip Ompany ne ( ) - DATES EMPLOYED: to SUPERVISOR: men/w mon �r Name Position: Address Zip Phone ( ) - DATES EMPLOYED: to SUPERVISOR: ma, (Attach Separate Sheet if Necessary) (Application Continued on Other Side) I f 14 E - 0-R A N D ,. M b:. TO; City Cau�tcil �r ix I n VIA; Nichael^ Shelton, Citk-Manager , FSIs -itlenry, ,Rng , Comounity; Devei'ogam 'Director'' k SUB4TCT: one Change 17-87 (Sign Ordinance) tIESZ`s ". Ta nailer rev`iaic�n of'--' the on .� 'f3r a 'sign°± . r ; lat-.ons` relative to the estahl'l� ent; "Fre ay S ign,6 and "FreoWay Or Ct ? +cam. Exch 22, 1388, the Clty'dOuncil considez > on fiigti"- mance;No 1.661 ` rollo4ing pulalic heA iing', the., c unc`i1 d " ordinance. - WCC DATIO*,: z r Beed by I tie only, � 7,}, Approval'of attached Ordinance No. 167on, Attachme'ntg[i Ordinance Ma, 167 t • 4 t, f k 3 ,,7 n 4 r M 167 AN ORDINANCA fir`' COUNCIL, OF TH U' '` C1p pyi Eyyy AMIN yXryI AL S ONING NANCI .r;. f�iT +fi .fi � x4MV i 1 l- V7) � d f W REA , th®. p Opoled imping tett_.,.a*endmejat pro pko ea n standa mat are G�II .4 to 4 i:th the General, Play d b " �atl n '65860 o tie '_ liftrxii.a stern nt t6Ae; and r . u WIMSUWthes " ae Gent is `ln: con�c�&=a h Sect pan" 6 f3Q► Wit- aeq.. ' ornia , 4overIe- concernlra an ,ng requ.t ti+ n o r ZR S j. the AtAa dery Planning Cb isaio* be; a pubL ,c ' Baring "+on' 19' 1988. "continu tv.i4arc��4 recc wed Approval of the Zoning O;dina#ice text �� E+i3, the ~prop en�ent will not, have` a si a,dVere. .,� a+ t u " n the v: e ntThe- Tegat�, & DecD zc la a� pry 'for the ;project is ate aid, 3tm; e' tl of: tie Ci-otdaiA -as follows ty` '`: taaacle r IbA ptc�p�ea.1 ,14,, c6ptist .t with t G s er 4 P n l ` lam<,use element and ,tither .el 4h ="cont *,aged # mineral P�. n' and . Pecif ally pr�li�iea�, perta��4Y oY Signing a's. pro a �i.n the" enerA •Flan C: '�a�it3 ' Appearance' And, , rds e1 #t. h4 ptoposol wi i3 hot resuf� In ;ani, can"" 4v e 'env ;rc " nta '" tffizetgatlVe".D .l ,atlas " eP' edr a_",�th -pact $s adequate. ChSt .. -Zonin4-'�,Ord,�nahce,-.., 4 n nt 17 8 F "i:a tpp roved tihge the text, of, th6. too �as shpw .ire: . :tie'°Attached bit � dh isode r rid this f3rd Qe ;by `rea er ance. _4 J 1 , T k f ! / V Ordinance No. 167 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by the motion as approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: Agnns "00000 HENRY ENGE , Commu ty Development Director EXHIBIT A Section 9-4. 134 (f) of the City of Atascadero Zoning Ordinance is amended to read as follows (note: text shown &asked is deleted, text shown underlined is added) : "Freeway Identification Signs: In addition to signs allowed by Subsection a of this Section, sites located in the CR, CS, CT, and CPK Zones adjacent to Highway 101 or a Highway 101 frontage road may be authorized through Conditional Use Permit approval to use an onsite freeway identification sign as provided below: (1) Where the principal use provides food or lodging, or is a service station as defined in Section 9-3. 701, a pole mounted sign may be allowed with a maximum area not to exceed 125 square feet. The maximum height for pole mounted freeway identification signs is to be 50 feet above grade, provided that the Planning Commission may require a reduced height where deemed appropriate. (2) -Where the principal use is a planned shopping, office, or industrial complex with five or more tenants, a building mounted freeway oriented sign, which states the name of the center or the principal tenant (s) , may • be allowed with a maximum area not to exceed 60 square feet (per principal tenant) . (3) Where the building area of a single tenant building exceeds 10, 000 square feet, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed 60 square feet. In reviewing a Conditional Use Permit, the following faeters findings shall be made: (i) The type of e&mmer-ekal activity requesting the signing is specified in Section 9-4. 134 (f) and the need for such signing is based on the purposes set forth in Section 9-4. 13&1; and (ii) The opportunity to combine signs for more than one use on the same pole has been considered; and f}}}} 'i�l�e-a�a��al�����p•-a€-a��re�-�•�geg-a€-g�g•�r�rtc�-a�ar�g eke-€i°•eewa�;-aael +kv* (iii) The sign area and height are the minimum needed to achieve adequate visibility along the freeway due to ramp locations and grade differences. " ' u Y 1. City ofAtas adeno-` � , pri 1 i ' t3. Thd :Honorable City council; FROM: aeffrey + City`' �+itto Y $UWXPT: Police Facility ...... Purchase Agre ht �.. and ZsOr€w,,Instructiobp y Attached to thisiv merandu a copy, o # fts f «� i nt and; sc ow nstructions for - the. - .r executed by the sellers i The t ..c h ' .: previous negotiations cn cncudteci betwe+�tr ;the' Citi? L. $alter, as agent for the sellers. c previously noted "the primary terms 'q� the " t ar dol lis: m ` 1 ' upon ,execut. ion of. the agreement, � : 3 2-6 �►+� :: i � � ` escrow upon,- closing. Ts ,�tc3ditl03�,'� the"� Citi ariy , cons,tructi©n and/or (permit f s.' rte► the` City upm 'to 4 maximum of ita �s facility is cscn�rtructed in the City ro Specified co ditions'." n 2• ` . ', p�cgs mac` date. If, this age+ ep ;a and,=� cut d by the City' at might's Ci,;y the Oscrow closing date- will be no later City shallhave 1,0 `days 'frim., ►te; c executio 'Of this agr`' itntAn- K with Mitsui Manurf46turer's Bnk, and p+ ei.t`' P r 3. gs3� � O'- The +City shall, haeme. 'days .3 from dt o1fxecuton� f'. the r: � e praperty and determine that there no 4efOCt*,<t '. the Property. A u i the ac ent` `' cd te'd end executed at tonight:'s City Counei1 meati t t�' cid X 11 have until Priday,` May 27. 10$$ �► ' e Bch r�sp�actions. , As a final matter, the `S61icr has indicated' � °1et'ter. ,dat d c Marycryh 23.,gam 10aa {a�wccopy_ of yw+�hy.�iyyc�h is"- att}a}.+�,+yh cia�-_^{�fq 'qur, �Y.+Ja0i4i):.- that ,e chases agreement, �f i Viii?, b,.%ii . and void if not count€:rsigned by r the �uye and a fully ex�:cuted ropyI . returned to me by aril , `f .a efcre, , r: f 1�. MEMO The flahbrabj,6 Citi*. C*uu ttc l s SUBJ": P461 ice, 1i Apri.1 12,`"��8� . Pa" 2 -if" the Baty. Colinoil w Thee. o .prooeed wifih the'. purchase iii �e Se 1"�Q! 3 1b �'rty t i 2�it' do so the meetin< tApril , 1088 RECgWW ` '1'1 If -tom City—Council wi thei to the puivhaaO f the �nd�`� � ��tY. far. 1 ice �� ` ,- 4 � �Y'i' I ' . . rti t t- yet w adopt- thw, attaphsid Re.81644 Pi©.: gem? .e to takes: \all ebep* n �ea�. tea ucaalt t .l Cls of ear. �.r ubalt x r , City Attca F y ti 3(;J fr, , A Att�ac j \ � I ant He6az c p t.. , r 5 y rr 1 , r � l sl 0;6:� FAMILY FASHIONS March 23 , 1988 Mr. Jeff Jorgenson 1135 Oso Street P.O. Box 910 San Luis Obispo, Ca. 93406 Re: Beno' s Atascadero - Executed Purchase Agreement Dear Jeff, Enclosed are three copies of the above referenced purchase agreement executed by the sellers . Please note that this purchase agreement will be considered null and void ,if not countersigned by the buyers and a fully executed copy returned to me by April 28th, 1988 . I understand that the city council will be meeting on April 12th to dicuss this matter. Hopefully they will give their final approval at that time. Such being the case , you will have over two weeks to have the documents fully executed. One copy should be returned to me, and one copy sent directly to Lucille M6ss at Mitsui-Manufacturers Bank. Thank you for your continued efforts . Very truly yours , Michae Salter Pres ' ent I S/bt encl : Retail Stores Serving the West Since 1936 GENERAL OFFICES: 1620 SO. LOS ANGELES STREET • LOS ANGELES, CA 90015 • [2137 746-2222 Resolution No. 29-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE CITY TO ENTER INTO A PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR THE ACQUISITION OF 5505 EL CAMINO REAL, ATASCADERO, FOR USE AS A POLICE FACILITY. WHEREAS, the City is desirous of purchasing an existing building and site at 5505 E1 Camino Real, commonly known as Beno's Department Store, to be remodeled as a police facility; and WHEREAS, the owners of 5505 El Camino Real have indicated a willingness to sell said property to the City on certain terms and conditions; and WHEREAS, the City and owners have negotiated a Purchase Agreement and Escrow Instructions for the purchase of 5505 E1 Camino Rpal by the City of Atascadero pursuant to Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the terms of said Purchase Agreement and Escrow Instructions are acceptable to the City and owners; and WHEREAS, pursuant to Government Code Section 65402 (a) , the Planning Commission of the City of Atascadero on January 50, 1988 considered the proposed acquisition of 5505 E1 Camino Real and found that the purchase of 5505 El Camino Real for use as a police facility was consistent with the City's General Plan; and WHEREAS, at the January 12, 1988 regular City Council meeting, the City Council of the City of Atascadero received and accepted the report of the Planning Commission concerning General Plan consistency; and WHEREAS, the purchase and remodeling of 5505 El Camino Real for use as a police facility will not have a significant adverse environmental impact, and the negative declaration prepared for the project is adequate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero that the Mayor and City Clerk are hereby authorized to execute the Purchase Agreement and Escrow Instructions (attached hereto as Exhibit "A" and incorporated herein) on behalf of the City for the acquisition of 5505 E1 Camino Real for use as a police facility; and RESOLUTION NO. 29-88 Page 2 BE IT FURTHER RESOLVED that City staff is hereby directed to take any and all steps necessary to carry out the terms and conditions of said Purchase Agreement and Escrow Instructions, including, but not limited to, the execution of a Certificate of Acceptance as prescribed by Government Code Section 27281. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held April 12, 1988 by the following vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, ATASCADERO By BARBARA NORRIS, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager JGJ: fr • C:RSATA643 PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Dated: , 1988 This Purchase Agreement and Escrow Instructions (hereinafter referred to as "this Contract") , executed by and between MAXWELL HILLARY SALTER and JANET SALTER, husband and wife; JAMES A. CARON; MORTON KERN, trustee of the Kern Family Trust dated March 15, 1982 ; MORTON ABBOTT and LEONA ABBOTT, husband and wife; and MICHAEL LEVINE, a widower (hereinafter referred to as "Seller") and THE CITY OF ATASCADERO, a municipal corporation of the State of California (hereinafter referred to as "Buyer") constitutes (i) a grant of right by Seller to Buyer to purchase and acquire from Seller, as hereinafter provided, the improved real property located at 5505 El Camino Real, Atascadero, San Luis Obispo County, California, more specifically described in Exhibit "A" attached hereto and incorporated herein by reference, and commonly known as Beno's Department Store (hereinafter referred to as the "Property") , (ii) a contract between Seller and Buyer on the terms and conditions of the sale and purchase of the Property, and (iii) escrow instructions to Mitsui Manufacturer's Bank (hereinafter 'f�_ ✓ EXHIBIT "A" . referred to as "Escrowholder") , the escrow created by this Contract being referred to as the "Escrow". 1. Grant. Seller does hereby grant to Buyer the right, and Buyer hereby agrees, to purchase and acquire the Property through the Escrow in consideration of the payment to Seller of the cash purchase price of $640,000 (hereinafter referred to as the "Purchase Price") , and upon such other terms and conditions as are hereinafter set forth. 2. Purchase Price. The Purchase Price of $640, 000 as specified in Paragraph 1 shall be payable by Buyer to Seller as follows: (a) The sum of $320, 000 on execution of this Contract, payable to Mitsui Manufacturer's Bank as a deposit . to be applied to the price at the close of Escrow, to be held by Escrowholder in an interest-bearing account with interest accruing for the benefit of Seller (provided Escrow closes as hereinafter provided in Paragraph 9) . In the event Escrow fails to close, the accrued interest specified above shall be returned to Buyer. (b) The further sum of $320, 000 on the close of Escrow as hereinafter provided in Paragraph 9 . (c) As additional and separate consideration for the Purchase Price (independent from and outside the Escrow contemplated herein) , Buyer shall waive any construction and/or permit fees normally imposed by the City of Atascadero, up to a maximum of $13 , 000, for any new i 2 • building constructed for the long-term occupancy of Beno's Department Store (for which a binding commitment of five (5) or more years exists) within the city limits of the City of Atascadero, provided construction of said building is commenced within five (5) years of the close of Escrow, and the waiver of said fees is allowable under California law. 3 . Opening of Escrow. An escrow shall be opened to consummate the sale and purchase of the Property pursuant to this Contract at the Mitsui Manufacturer's Bank, 9th and Los Angeles Street Branch, 135 East 9th Street, Los Angeles, California 90014 , telephone (213) 489-8696, within ten (10) days of the date of execution of this Contract. 4 . Escrow Closing Date. The sale and purchase of the Property shall be consummated through the Escrow, which shall close no later than July 22 , 1988 , or one hundred twenty (120) days from the date of execution of this Contract, whichever occurs later (hereinafter referred to as the "Escrow Closing Date") . 5. Grant Deed. Seller shall, when requested by Escrowholder, deliver to Escrowholder prior to the Escrow Closing Date, a deed in the form of Exhibit "B" attached hereto and incorporated herein by reference (hereinafter referred to as the "Grant Deed") , duly executed and acknowledged by Seller, conveying the Property to Buyer by fee simple interest, free and clear of all title defects, liens, encumbrances, deeds of trust, mortgages, and taxes. 3 i �j�- 4wl' 6. Title Condition. Buyer agrees to take title to and possession of the Property, subject to (i) the conditions, covenants, restrictions, and reservations set forth in the Grant Deed, and (ii) the easements, rights, rights of way, covenants, conditions, and reservations of record described in Exhibit "C" attached hereto and incorporated herein by reference. 7. Warranties. (a) Seller warrants that title to .the property which is the subject of this Agreement is vested in: MAXWELL HILLARY SALTER and JANET SALTER, husband and wife, a 50% interest; JAMES A. CARON, a married man as his sole and separate property as to a 1/2 of 12-1/2% interest; JAMES A. CARON, a married man, by deed recorded September 16, 1981 which recites as his sole and separate property as to a 1/2 of 12-1/2% interest; MORTON KERN, trustee of the Kern Family Trust dated March 15, 1982 , as to 12-1/2% interest; MORTON ABBOTT and LEONA ABBOTT, husband and wife, a 12-1/2% interest; and MICHAEL LEVINE, a widower, a 12-1/2% interest. (b) Seller has no knowledge, actual or constructive, of any material structural defect in the Property, other than as set forth in Exhibit "D" attached hereto and incorporated herein by reference. Both Buyer and Seller are aware of the fact that Buyer will be doing extensive remodeling, and that Buyer is buying the Property with the roof covering, electrical, air conditioning, and 4 V i , other nonstructural items in an "AS IS" condition. Notwithstanding the above, Seller has no knowledge, actual or constructive, of any asbestos or other toxic or hazardous material on the Property. (c) Seller warrants and represents that at present and as of the close of Escrow, no violation of any statute, ordinance, regulation, or administrative or judicial order or holding, whether or not appearing in public records, exists or will exist, with respect to the Property or any improvements on the Property. (d) To Seller's knowledge, there is no litigation pending respecting the use and/or operation of the Property. (e) Seller warrants that at the close of Escrow there will be no contracts, licenses, commitments, or undertakings respecting maintenance of the Property or equipment on the Property, or the performance of services on the Property, or the use of the Property or any part of it, including but not limited to leases, subleases, or mortgages, liens or encumbrances of any kind whatsoever, by which Buyer would become obligated or liable to any person. (f) Seller has no knowledge of any order or directive of any city, county, state, or federal authority, that any work of repair, maintenance, or improvement be performed on the Property. Seller has received no notice from any municipal, state, or other statutory authority, or from 5 any board or fire underwriters or any improvement association or architectural committee relating to defects in the improvements on the Property, or relating to noncompliance with any applicable building code or restriction that has not been corrected, or relating to any threat of impending expropriation or condemnation. (g) Seller warrants and represents that at present and as of the close of Escrow, Seller has delivered to Buyer copies of all plans and specifications for improvements on the Property, all surveys, soil tests, engineering studies, and any other test results or reports in Seller's possession or under Seller's control concerning the Property which would have a material effect on Buyer's decision to purchase the Property. 8 . Special Conditions. Buyer's obligation to perform under this Contract is subject to the satisfaction of the following conditions, which are for Buyer's benefit only: (a) Buyer's performance under this Contract is further subject to Buyer's approval of inspections, tests, surveys, and other studies to be conducted by Buyer. Buyer, Buyer's representatives, or authorized agents may enter on the Property to make tests, surveys, or other studies of Seller's property, provided that Buyer pays for all such tests and studies, keeps Seller's property free and clear of any liens, repairs all damage to the property, and indemnifies and holds Seller harmless from and against all liability, claims, 6 demands, damages, or costs of any kind whatsoever (including attorneys' fees) arising from or connected with the tests, surveys, or studies. Buyer shall have until May 6, 1988, or forty-five (45) days from the date of execution of this Contract, whichever occurs later, to deliver to Seller a disapproval notice stating that Buyer's inspection of the Property has disclosed a defect in the Property and describing the defect with reasonable particularity. Failure to so notify Seller shall conclusively be considered approval. Buyer's approval of any such inspection of the Property, however, shall not alter or diminish Seller's representations or warranties under this Contract, and Seller acknowledges and agrees that Buyer is nonetheless relying on Seller's representations and warranties made herein, unless such representation or warranty is specifically waived in whole or inart b p y Buyer. (b) Further, Seller shall deliver possession of the Property to Buyer on the Closing Date free of all tenants and shall indemnify and hold Buyer harmless from the claims of any tenants claiming a right to possession arising before the Closing Date. If a tenant remains in possession on the Closing Date, Buyer may (i) terminate this Contract without liability on Buyer's part, or (ii) extend the time for the close of Escrow for thirty (30) days to allow Seller to remove the tenant(s) from the Property. There is currently a commercial lease on the Property by and between Seller, doing 7 rN . business as The Atascadero Five, an unrecorded partnership, and Beno's, a California corporation, 1620 S. Los Angeles Street, Los Angeles, California 90015 (hereinafter referred to as "Beno's") , dated August 1, 1984 . This lease provides for a term ending January 31, 1990, with an option to extend for an additional five (5) year term. Seller represents that this lease is the only lease, sublease, or other rental agreement affecting possession of the Property. At least sixty (60) days prior to the close of Escrow, Seller shall submit to Escrowholder, in a form acceptable to Ticor Title Insurance Company, a lease termination agreement between Seller and Beno's, terminating the above-mentioned lease agreement dated August 1, 1984 (and any option to extend) , effective on or before the Escrow Closing Date. Seller shall pay through Escrow at the close and conditioned on the close of Escrow, the sum of $90, 000 to Beno's as consideration for the termination of said lease agreement. Upon receipt, Escrowholder shall make available to Buyer a copy of the above-mentioned lease termination agreement for review and approval prior to the close of Escrow. (c) If Buyer notifies Seller that Buyer disapproves any matter on which this Contract is conditioned for Buyer's benefit, or if there is a breach of any covenant or warranty by Seller discovered by Buyer before the closing of escrow, Seller may, at Seller's election, correct those matters, and shall for this purpose be entitled to postpone N i the close of escrow for no more than thirty (30) days. If Seller elects not to correct or fails to correct all those matters within the extended escrow period, Buyer has the election of (i) terminating the Contract without any liability on the part of either party, or (ii) accepting the Property without reduction of the price for the uncorrected matter and without any liability on Seller's part. Seller's election to correct those matters shall be evidenced by notice within ten (10) days after receipt of Buyer's notice specifying the item breached or disapproved; Buyer's failure to give notice shall be construed as an election of option (c) (ii) . If Buyer terminates this Contract by electing or failing to elect under this paragraph, all funds or other things (plus accrued interest) deposited by Buyer shall be returned to Buyer immediately on demand, after five (5) days notice to Seller, less obligation for title company and escrow charges. 9 . Escrow Closing. (a) Deposit of Funds by Buyer. Buyer shall deliver to Escrowholder at least three (3) business days prior to the Escrow Closing Date the balance of the Purchase Price ($320, 000) and the funds required of Buyer by Paragraph 10 as estimated by Escrowholder. (b) Title Policy. On the Escrow Closing Date (or as soon as possible prior thereto) , Escrowholder shall close the Escrow by recording the Grant Deed, executed and acknowledged by Seller as provided in Paragraph 5, disbursing 9 /Pj�' ' J l . s � funds and delivering documents when each of the following conditions precedent has been fulfilled: (1) All funds and instruments described in Paragraphs 5, 6, 7 (b) , and 9 (a) have been delivered to Seller, Buyer, and Escrowholder. (2) The conditions precedent set forth in Paragraphs 8 (a) -(c) have been fulfilled. (3) Escrowholder can procure Ticor Title Insurance Company of California standard policy of title insurance (hereinafter referred to as the "Title Policy") with liability in the amount of the Purchase Price insuring that title to the Property vests in Buyer subject only to the exceptions, easements, conditions, covenants, restrictions, reservations, rights, and rights of way set forth in the Grant Deed and Exhibit "B" attached hereto. (c) Delays. If Escrowholder cannot close the Escrow on or before the Escrow Closing Date, it will nevertheless close the same when all conditions set forth in the foregoing subparagraph (b) have been met, unless after the Escrow Closing Date and prior to close thereof Escrowholder receives a written demand for termination from a party who at the time of such demand is not in default hereunder. Making of such demand shall be optional, not mandatory. No delay in making such demand shall affect the rights hereunder of the party making the same. In the event such demand is made upon Escrowholder, it shall return to each party the funds and/or 10 documents theretofore delivered to it by such party, unless Escrowholder decides in its capacity as a reasonably prudent Escrowholder the protection of its interests requires otherwise, such decision to be exercised no sooner than five (5) days after such demand is made upon Escrowholder. (d) Post Escrow Closing. Upon the close of Escrow, Escrowholder shall do the following: (1) Have the County Recorder mail to Buyer at the address set forth herein (i) the Grant Deed after its recordation, (ii) the Title Policy, (iii) funds to which Buyer shall be entitled, if any, by Escrowholder's check, and (iv) such other documents to which Buyer shall be entitled. (2) Mail to Michael L. Salter at the address set forth herein, by Escrowholder's check, the finder's fee specified in Paragraph 16 of this Agreement. (3) Mail to Beno's at the address set forth herein, by Escrowholder's check, the consideration for the termination of the lease between Seller and Beno's as specified in Paragraph 8 (c) of this Agreement. (4) Mail to Seller at the address set forth herein (i) by Escrowholder's check, the balance of the Purchase Price, less the amount of Seller's fees and costs described in Paragraph 10, and (ii) such other funds and documents to which Seller shall be entitled. 10 . Escrow Fees and Costs . Buyer shall pay recording charges for recording of the Grant Deed and one-half i �i . (1/2) of Escrowholder's escrow fee. Seller shall pay one-half (1/2) of Escrowholder's escrow fee, cost of title search and title reports, premium for the Title Policy, and any applicable county and city transfer tax. It is understood and agreed that Escrowholder's services are for ordinary and usual services rendered by Escrowholder, and should there be any extraordinary or unusual services rendered by Escrowholder hereunder, Buyer and Seller shall pay to Escrowholder compensation for such extraordinary or unusual services, together with any costs and expenses which may be incurred by Escrowholder in connection therewith. 11. Possession. Buyer shall be entitled to possession of the Property upon the close of Escrow. Upon execution of this Contract, but prior to the close of Escrow, Buyer shall be entitled to reasonable, continuous access to the Property for inspection and other city purposes, provided such access does not interfere with Beno's reasonable use of the premises. 12 . General . Should any controversy arise between the parties, or any other person, Escrowholder shall not be liable to take any action of any kind, but may withhold all moneys, documents, or other things deposited in the Escrow until such controversy shall be determined by agreement of the parties or by proper legal process. Escrowholder shall have no concern with, or liability or responsibility for, any covenants, representations, or agreements of the parties set 1, It 12 I� ff L forth in this Contract, or fulfillment of any conditions for close of the Escrow set forth herein. Each agreement and obligation of each party shall, if the context thereof requires or implies, survive and continue after the close of Escrow. The covenants and obligations of the parties contained in this Contract shall be binding also upon their respective permitted assigns and successors. Any written or oral, express or implied, agreement of any kind heretofore entered into between the parties is entirely superseded by this Contract, which constitutes the only and complete agreement between the parties. No amendment of this Contract shall be of any effect unless and until the same is in writing, signed by the parties, and an executed copy (executed in counterpart or otherwise) is delivered to Escrowholder. The words "party" or "parties" used herein mean Buyer and/or Seller, as the context may require. All exhibits referred to herein and attached hereto are a part hereof to the same extent as if the same were set forth in full herein. Paragraph and subparagraph headings are for convenience only and shall not be construed to be a part of the text hereof. Funds shall be delivered to Escrowholder by cash or bank or certified check. Time is of the essence of each and every obligation of each party. No agreements or representations with respect to the Property have been made by Seller, except as are stated in this Contract. This Contract shall not be 13 assigned by eier party without the exp�s written consent of all of the parties hereto. 13 . Notices. Any and all notices communications required °r other or permitted by this Contract or by law to be served on or given to either party e hereto, Buyer Y r or by the other party hereto or by the Escrowholder, shall be in writing and shall be deemed duly served and given when personally delivered to any of the parties, Buyer or Seller, to whom it is directed, or in lieu of such service personal , when deposited in the United States mail, first-class Postage prepaid, certified mail (return receipt requested) , addressed to Buyer,Y attention City Manager, City of Atascadero, P.O. Box 747, Atascadero, California 93423 , or to Seller, attention Michael L. Salter, 1620 S. Los Angeles Street, Los Angeles California 90015. Either Seller, party, Buyer or , may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this paragraph. 14 . Attorneys, Fees. Should any litigation be commenced between the parties hereto concerning said Pro this Contract Property, or the rights and duties of either in relation thereto, the party, Buyer or Seller, litigation shall be entitled, in addition prevailing in such to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees and costs in such litigation, which shall be 14 x �: IN WITNESS WHEREOF, the parties have duly executed this Contract in triplicate, one copy of which shall be delivered to Escrowholder. SELLE ' t Z Maxwo4l H. Salter Morton Abbott ' net Salter Leona Abbott ames A. Caron Michael Levine Morton Kern, Trustee of the Kern ladys J. Kern Family Trust dated March 15 1982 BENO'S • ' y By By 061 �Mmi ael L. alter, President - - BUYER• CITY OF ATASCADERO APPROVED AS TO CONTENT: By Mayor City Manager ATTEST: APPROVED AS TO FORM: City Clerk City Attorney JGJ: fr/3/14j88 C:AGATA640 16 �i I 0 0 EXHIBIT "A" Property Description Lots 22-E and 22-F in Block LA of Atascadero, in the City of Atascadero, County of San Luis Obispo, State of California, according to Amendment "C" to map of Atascadero, recorded August 10, 1917 in Book 4 , Page 22-A of Maps, in the office of the county recorder of said county. Excepting from Lot 22-F, that portion described as follows: Beginning at the most southerly corner of said lot; Thence north 580 56' 00" west along the southwesterly line thereof, 4 . 09 feet; A Thence north 430 03 ' 00" east and parallel with the southeasterly line of said lot, 146. 73 feet to the northeast line of said lot; Thence south 430 04 ' 00" east along said northeast line, 4 . 01 feet to the most easterly corner of said lot; Thence south 430 03 ' 00" west along the southeast line of said lots, 145. 66 feet to the point, of beginning. (End of Description) l 41,`l� EXHIBIT "All A Recording requested by: When recorded mail to: CITY OF ATASCADERO P.O.Box 747 Atascadero, CA 93423 No Fee Document APN (Public Entity Grantee, Govt Code Sec. 6103) GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MAXWELL HILLARY SALTER and JANET SALTER, husband and wife, a 50% interest; JAMES A. CARON, a married man as his sole and separate property as to a 1/2 of 12- 1/2% interest; JAMES A. CARON, a married man, by deed recorded September 16, 1981 which recites as his sole and separate property as to a 1/2 of 12- 1/2% interest; MORTON KERN, trustee of the Kern Family Trust dated March 15, 1982 , as to 12-1/2% interest; MORTON ABBOTT and LEONA ABBOTT, husband and wife, a 12-1/2% interest; and MICHAEL LEVINE, a widower, a 12-1/2% interest, hereinafter referred to as "Grantor" , hereby grants to the CITY OF ATASCADERO, a municipal corporation of the State of California, herein referred to as "Grantee" , the real property situated in the City of Atascadero, County of San Luis Obispo, State of California, described as follows: Lots 22-E and 22-F in Block LA of Atascadero, in the City of Atascadero, County of San Luis Obispo, State of California, according to Amendment "C" to map of Atascadero, recorded August 10, 1917 in Book 4 , Page 22-A of Maps, in the office of the county recorder of said county. Excepting from Lot 22-F, that portion described as follows: EXHIBIT "B" L Beginning at the most southerly corner of said lot; Thence north 580 56' 00" west along the southwesterly line thereof, 4. 09 feet; Thence north 430 03 ' 00" east and parallel with the southeasterly line of said lot, 146.73 feet to the northeast line of said lot; Thence south 430 04 ' 00" east along said northeast line, 4. 01 feet to the most easterly corner of said lot; Thence south 430 03 ' 00" west along the southeast line of said lots, 145. 66 feet to the point of beginning. Subject to easements, rights, and rights-of-way of record. Executed on 1988 at , ��n<i Maxwell H. Salter O Morton Abbott Janet Salter Leona Abbott James A. Caron Michael Levine Morton Kern, Trustee of the Gladys J. Kern Kern Family Trust dated March 15, 1982 JGJ: fr/2/10/88 C:AGATA634 EXHIBIT "C" -• Easements, Rights, Rights-of-Way, Covenants Conditions, and Reservations of Record None. EXHIBIT "C" b, K determined by the court in such litigation or in a separate action brought for that purpose. 15. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. 16. Seller shall pay through Escrow at the close and conditioned on the close of Escrow a total finder's fee of $11, 000, payable to Michael L. Salter, 1620 S. Los Angeles Street, Los Angeles, California 90015. Buyer. and Seller hereby acknowledge that no other finder's fee or broker's commission is payable with regard to this transaction; and Buyer and Seller each ("Indemnitor") agrees to indemnify and hold the other harmless from and against all liability, claims, demands, damages, or costs of any kind arising from or connected with any broker's or finder's fee or commission or charge claimed to be due any person arising from Indemnitor's conduct with respect to this transaction, other than the finder's fee authorized in this paragraph. 15 f�1; 1 \� + '. ftj MEMORANDUM TO City Manager Mike Shelton and City Council Meube:es FROM: thief. of Policel l SUW: Critertum Bicytle Race - Cost Estimate 'for' Prov , iou o- `-taw Enforcement Servicers { y DATE: =-April. 1, 1988 ; Auring the last 'Council'.Meeting of:March 22, 1988, the .qu ti �f fes be charged fo they Criterium wad. sised. v T4s reported to Council.,prevl.OuslY this activity will trigger �a-- d for Additional poUce personnel over and above nQ l opera.ting�' expehseas. .We, are projec.tin .that police personnel ,costs will be appy ral 3if 'i+ r , , this event, and accordingly - recbamend thAt the North County CycliA&Gly t be required to pay-the actual: amount fallowing the activity.- Please `nate that the police budget as currently, authprized,'cannc�t t��is , nor, =additional exp se, Also, in teras of precedence setting, _ beii eves we should beware of offering special -and costly°servi.ce0is private,organi- zations as ,.others may develop similar expectations in'the future, The Bicycle Club can probably defray,police servicers costs by,' ly 46, 0484ing anotr_ dollar to each participant.) 1 , _ y Finally,, I would suggest that any necessary barricades on city streets b,e furnished and p,lac+ed by our�City gtreet Department, and the servicer too 4 can be paid for by..the North County Cycling Club. - Thank you- RICHARD.H. McRALE RHM:sh 1 : tc: ; Public Warks Dir. Paul Sensibaugh { t l � r 1 " - -ANDS Tw*DUGHi-- Mike Shelton:, gity-;t`°laaager FROM ??aul Senxibaujhz Dirtetor of .Pub 1. �' Work*, A�� �pr1 51 1988 I h4 b6tn ,a .ed t,o greeent :aLar esti to of- b 6kts that wo4ld be inculired by th4. North. Gbi�� CYOlinq Club in connecti'on' with z,the Criteriaxm: I 48timata approximately 300, whish woix1d"cover` overt imo y ,equipment, ,charges( and barr icade ,'r nt , l 1 , 1 X , L , Mid M :9' MD' RAN -DUM n To: City Council �Ail >1 ', ' - AVIA: Michael. Shelton, City Manager FROM: Henry Engen, 'Community Development Dirq�qtoi. AIGr SUBJECT: . Requast By Atascadero .,UnifiedSchcc3 VBtritt` , ;Xte:nsion Of �City tlydin ce: No. 1-01 �s#��r }� i F BACKGR01*D: � As fndigated in the attached letterr+ me ' elr r sne , Manager' of" the Atascadero Unified School i�3, r .c: �+ s requesting that, the City' s Interim Schc� t Pa c'lli l' Otdin,nc be extended beyond its sunset 'clause, .which 'is Jul y'''2� ANALYSIS `Although there has been subsequent 1egislakti6n 'wh-icb ;in effect mandates :that. the -School . District charge 1. t per square foot (currently), for residential construction and ZSC, � equate foot. far ,zemmerciA -r the School Distrigt has as,tabI i`sh4d .'its ac caunt \ to designate certain fees as collected ujider." C ty_,Qrd ni .N�f 107 _and the "re-maindee under the more recant, legisl.et' arr. `his � provides' the district with an additional,- safe uord � tom AhyEl de al, r challenge,, fc r those funds collected under 'Ordinance No_. 101 } should th' other legislation ever be successfully challenged has no . effect on the amount of mpne ' being; charged' Icy the c#601 District ` RECOMMENDATION Set ►pril 2 ,r 1 88 'as data of first hearing, to cons�der' 1n =s ✓ amandment ,© e�rdinance No,. 7 f}7 to add three 1 0 E°"r ear ; t0 the sunset clausia t Section( 4) r. HE:pp cc: Anthony AvAina, Bd. D. Distract SuperihtendOnt Ern st W .'Taylor. Business Manager Enclosure- March `25', 198,8, Communication From Ernest Ta les } li I r Ate► � +CII ' } "Where students acrd their educatign are`paramd�artt" u SSW 4I r ANTHOWY AV I #At I cl.t . ; AT4`A ERO,, tA,-93422 IStdct St'tpwnt March - 51# 1"8 Henr :. �. = fix �arrn i t Qeve!apaaent D t rector>, Ei t"y of, Ata'acadera P.4. ,60X" 747 Ataacadere� A 93423 Dear flerlr'jt. ^, Tho Scharf C iatrict Ad'' Istratlen haas been rave"e' ring' th� 'Ci.ty f `Ataacad ,+ `Resol�tI 2-�� is � ao adapted -J ly. � . t 9 and Eit;y,' t" dti ance, No,v to 7, which was", adopted June 2a, 195 . . " On page 8 of the ardItniA ince ther ` ft �a ,'r un et", ci.�u'a *h I�d wou 1 d ititomat i ca i 1 f ropea i ' the +fir.c�i narxce" three t_(3) year I rcith the, effective" date of the. +ordinance. a Imo-% 1 `3.7 theIer�ie[atu�o enacted' a "fiber o bI Iis` ch, Ince K Sthbol' OfistrldW, authorit te� Iavy, c1hobI facI Iity , f6es tete , this _Ia ala#fen Prov.idaa ,the ►°iatriot" rri:th the,.,nescesiary r t f we havt been' 4dvis�ed a seg "eaurrae"I that ' It ia"Ar the Oat t .- ... interea-t..�ef' the`,01str ct, to keep, Aho_ 0 fiso,- i h ar* s to r. ;est l " Therefore,,,r the chbo i DI a t I ct. you I d� request <that turd rranc t a €gr i t" ,cs 2 5, If hecea ry x be . it aced "en #fie" .i ty C nee:-I` y is agenda( . for renewal, n 'a t i�1 ""mar n+er� . tri rrtee the " tsneet�,+jilete. Shou i idyc�u dr. ,def f°": ergins on, ,,the C i ty� Attorney, 'haves a,ny ��rS gena #` . r�egar:dirr ."thin matter, ap{t, h�eiatetoorty,plr~ t r Stave Nia 'e.et I ,. Scho+aI'a vice #f'`>Bak irr;'f`ioid at 39 -3834. r S i nc a r 'I r,} 1 Ernest C Taylor f Bum ne s l �t�at, , EWT:r r „ cc: Anthony AV Ina,. Ed,�tk.,° f#� tr�t t Superintendent Stevo " Hertei I Soh es�ca;Ia .ea1 Ser^vice ' twisa Pi ' ft" ,'fiflist , ,Y . ' ev t* E ` WY: , IWO"Way Samar ritwOeff antary ;► �f lla ma ' * Atas r A� �' Vitas'=. So0ior.HiObSchbot' , " Atas4 Amt*" r + Oak Hills, ti ORDINANCE NO. 107 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 6 TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODE RELATING TO DEDICATION OF LAND AND PAYMENT OF FEES FOR INTERIM SCHOOL FACILITIES THE COUNCIL OF THE CITY OF ATASCADERO ORDAINS AS FOLLOWS: SECTION 1: Chapter 6 is added to Title 3 of the Atascadero Municipal Code to read as follows: CHAPTER 6 INTERIM SCHOOL. FACILITIES _Sections: 3-6. 01 Title. 3-6.02 Purpose. 3-6. 03 Authority. 3-6.04 General Plan. 3-6. 05 Regulations. 3-6.06 Definitions. 3-6.07 Notification of Conditions of Overcrowding. 3-6.08 Content of Findings. 3-6.09 City Council 's Public Hearing on Overcrowding. 3-6.10 School District Plan to Solve Overcrowding. 3-6.11 Dedication of Land or Payment of Fees by Developers. 3-6.12 Processing of Application. 3-6.13 Use of Land and Fees. 3-6.14 Exemptions. 3-6.15 Payment of Fee. 3-6.16 Refunds of Paid Fees. 3-6.17 Termination. 3-6.18 Accounting and Annual Report. 3-6.01 Title. This chapter shall be known and may be cited as the "Interim School Facilities Ordinance. " 3-6. 02 Purpose. The purpose of this chapter is to provide a method for financing interim school facilities necessitated by conditions of overcrowding caused by new residential developments. 3-6. 03 Authority. This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code. 3-6. 04 General Plan. The City's General Plan provides for the location of public schools. Interim school facili- ties to be constructed from fees or land required to be dedicated or both shall be consistent with the General Plan. 3-6. 05 Regulations. The City Council may from time to time, by resolution, issue regulations to establish fees, administration, procedures, interpretation and policy direction for this ordinance. 3-06.06 Definitions. The following terms shall have the following meanings when used in this chapter: (a) "Attendance area" means that area established by the governing board of the school district, within which children must reside to attend a particular school; (b) "Building permit" peans a building permit for residential development, an application for which was not accepted for processing by the Planning Department of City on the effective date of this ordinance; (c) "City Council" means City Council of the City of Atascadero; (d) "Conditions of overcrowding" means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school; (e) "City Clerk" means City Clerk of City; (f) "Developer" means any person, association, firm, partnership, corporation, other business entity, or public agency establishing, ins.talling, or constructing a residen- tial dwelling unit; (g) "Dwelling unit" means a building or portion thereof, or a mobile home, designed for residential occupa- tion by one person or a group of two or more persons living together as a domestic unit. Dwelling unit shall not mean remodels or room additions to existing residential struc- tures nor shall it include hotel or motel units; (h) "Interim school facilities" means temporary classrooms not constructed with a permanent foundation and defined as a structure containing one or more rooms, each of which is designed, intended and equipped for use as a place for formal instruction of pupils by a teacher in a school; temporary classroom toilet facilities not constructed with a permanent foundation; and reasonable site preparation and installation of temporary classrooms and toilet facilities; (i) "Planning Director" means the Planning Director of City; -2- (j) "Reasonable methods for mitigating conditions of overcrowding" include, but are not limited to: (1) The use of all available revenues, including general fund, to the full extent authorized by law; (2) Attendance area boundary adjustments; (3) The use of school district property for temporary use buildings; (4) The temporary or permanent use of other schools in the district not having overcrowded conditions; (5) The use of student transportation; (6) The use of existing and proposed relocatable structures; (7) The full use of funds which could be avail- able from the sale of surplus school district real property; (8) Eliminating non-mandated school programs and facilities; (9) The use of classroom double sessions; (10) The use of year-round school programs; and (11) The pursuit and use of available tax, bond, state lottery allocations and other revenue procedures to the full extent authorized by law; (k) "Residential development" means a project requir- ing a building permit for residential dwellings, including mobile homes, of one or more units. 3-06. 07 Notification -of Conditions of Overcrowding. Pursuant to Government Code Sections 65970 et seq. , the governing board of any school district operating an elemen- tary or high school may, with respect to any of its atten- dance areas located in whole or in part within the City of Atascadero make and file with the City Council written findings supported by clear and convincing evidence that: (a) Conditions of overcrowding exist in the school or schools of such attendance area which will impair the normal functioning of educational programs, including the reasons for such conditions existing; and (b) All reasonable methods for mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists. 3-06. 08 Content of Findings. Findings filed pursuant to Section 3-06.07 shall contain the following: (a) A precise description of the geographic boundaries of the attendance areas to which the findings relate; (b) A list of the mitigation measures evaluated by the governing board of the school district and a statement of the reasons why such measures were found to be infeasible; (c) The evidence upon which such findings were based; . and -3- (d) Such other information as may be required by the Planning Director or City Council to carry out the purposes of this chapter. 3-06. 09 City Council' s Public Hearing on Overcrowding. Within thirty (3) days of receipt of a school district's complete notice of overcrowding pursuant to Sections 3-06.07 and 3-06.08, the City Council shall commence a public hearing, and shall thereafter do one of the following: (a) Concur in the school district's findings of overcrowding; (b) Request additional information to verify the school district' s findings of overcrowding; or (c) Reject the school district's findings of over- crowding and inform the school district of the reasons for such rejection. If the City Council concurs with a school district's findings that conditions of overcrowding exist within an attendance area, it shall adopt a resolution specifying its concurrence based upon the evidence provided in the school district' s notice and findings. 3-06. 10 School District Plan to Solve Overcrowding. After the City Council's adoption of a resolution of concur- rence with the school district' s notice and findings, the governing body of the school district shall submit a de- tailed plan or schedule specifying for such affected atten- dance area how it will use land or fees, or both, to solve the conditions of overcrowding. The schedule shall include, for each attendance area, the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In addition, the school district shall provide data showing the least expen- sive methods for financing the district' s plan, including the cost of leasing for a maximum period of five (5) years interim use facilities. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the City council together with the reasons for the modifications. The City Council shall review such plan at a regular meeting, PP and shall approve or disapprove it. If the City Council disapproves the plan, it shall provide the school district with written notice of its reasons for disapproval. 3-06. 11 Dedication of Land or Payment of Fees by Developers. After the City Council ' s approval of the school district' s plan, no building permit shall be approved in the attendance area described in said notice and findings, until the developer has either dedicated land, paid fees, or provided both dedicated land and fees or agreed to dedicate -4- . land, pay fees, or provide both dedicated land and fees to the school district as hereinafter provided. (a) Fees. The City Council shall establish fees by resolution and may amend such fee schedules from time to time. If the City Council does not concur with the amount of fees to be paid requested by the governing board of the school district, the City Council shall, by resolution, adopt such amount of fees as it may deem proper in lieu of that requested. The City may require the school district to provide updated information to the City Council from time to time which the City Council may utilize in electing to adjust fees. Such information may consist of, but is not limited to, new census data for the City or portions thereof, school census data for the City or portions thereof, new lease and purchase data for relocatables, and changes in classroom maximums or standards. The amount of fees to be paid shall bear a reason- able relationship and will be limited to the needs of the community for interim school facilities and shall be reason- ably related and limited to *the need for schools caused by the development. (b) - Land Dedication, If the developer and the school district propose to agree to land dedication in lieu of fees or a combination of dedicated land and fees, the City Council shall consider the proposal within thirty (30) days of receipt of a written proposal by the school district, and may approve or disapprove the dedication or combination of dedication and fees after considering at least the following factors: (1) Whether lands offered for dedication will be consistent with the general plan; (2) The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication; (3) Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated; and (4) Whether the location and amount of lands proposed to be dedicated or the combination of dedicated land and fees will bear a reasonable relationship and will be limited to the needs of the community for interim elemen- tary and/or high school facilities and will be reasonably related and limited to the need for schools caused by the development. 3-06. 12 Processing of Application. Prior to final approval of a building permit for a residential dwelling unit or units which is located in whole or in part in an -5- attendance area where a school has been determined to be i overcrowded pursuant to this chapter and for which the City Council has adopted a fee schedule ,pursuant to Section 3-06.11 (a) , the applicant shall present to the Planning Director evidence of one of the following: (a) Payment to the school district of the fees re- quired by resolution of the City Council adopted pursuant to Section 3-06.11 which is in effect at the time the applicant applies for a building permit; (b) An agreement in writing with the affected school district by which the applicant agrees to dedicate to the school district and the school district agrees to accept land to be used to relieve the overcrowding in the dis- trict' s schools as an alternative to payment of fees under subsection (a) above; (c) An agreement in writing with the affected school district by which the applicant agrees to both dedicate land and pay fees to the school district and the school district agrees to accept the combination of dedicated land and fees to relieve the overcrowding in the district's schools as an alternative to only the payment of fees under subsection (a) above and to only the dedication of land under subsection (b) above: The amount of the fees shall be determined by the City council pursuant to Section 3-06.11. (d) A written statement of the applicant, with supporting documentation, that there are specific overriding fiscal, economic, social or environmental factors benefiting the City which will justify the approval of such residential development without compliance with the fee payment or land dedication requirements of this chapter. If the applicant provides such a statement of over- riding factors under subsection (d) , the Planning Director shall place the matter on the agenda of the City Council for public hearing to be held not less than forty-five (45) days after receipt of the statement, and shall give the school district at least ten (10) days written notice of the hearing g alon with a copy of the statement If after public hearing, the City Council agrees that overriding factors benefiting the City justify approval without the payment of fees or dedication of land, it shall direct the Planning Director to continue processing the application. If the City Council finds that there are not sufficient overriding factors, it shall direct the Planning Director to take no further action to process the applica- tion until the documentation required by subsections (a) , (b) , or (c) has been provided. The Planning Director shall refuse to grant final approval to a building permit for a residential dwelling unit which is within a school attendance area in which the -6- z • City Council has found that conditions of overcrowding exist and for which the City Council has approved the school district's plan to solve overcrowding, until the applicant has complied with this section. -06. 13 Use of and and Fees. All land or fees, or both, collected by a school district pursuant to this ordinance shall be used only for the purpose of providing interim school facilities as defined in Section 3-06.06 (h) . 3-06.14 Exemptions. Residential development shall be exempt from the requirements of this ordinance when it consists of any one or more of the following: (a) Any modification or remodeling of an existing legally established dwelling unit; (b) A condominium project converting an existing apartment building into condominiums where no new dwelling units are added or created; (c) Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe; (d) Any rebuilding of a historical building recog- nized, acknowledged and designated as such by the City Planning Commission or City Council; (e) Any residential development where the City Council • finds there are specific overriding fiscal, economic, social or environmental factors benefiting the City which, in the sole judgment of the City Council would justify the approval of such development without the payment of fees or dedica- tion of land. 3-06. 15 Payment of Fee. If the payment of fees is required, such payment shall be made by the developer to the school district prior to the time of issuance of the build- ing permit. 3-06. 16 Refunds- of Paid Fees. If a building permit approval is vacated or voided and if the affected school district still retains the land or fees collected therefor, and if the applicant so requests in writing, the governing body of the school district shall order the land or fees returned to the applicant. 3-06. 17 Termination. As soon as overcrowding condi- tions cease to exist or reasonable methods of mitigating conditions of overcrowding are feasible, the school district shall immediately notify the City Council. Upon receiving such notice, or upon City Council 's determination that . overcrowding conditions cease to exist or that reasonable 4 methods for mitigating conditions of overcrowding are • feasible, the City council shall cease the requirement of fees or land dedication required by phis chapter. In any event, this chapter shall be automatically repealed and of no further force and effect three (3) years from the date of this ordinance. 3-06. 18 Accounting and Annual Report. Any school district receiving funds or land pursuant to this ordinance shall maintain a separate trust account for any funds paid. Within one month of the end of each school semester, the district shall file with the City Council a report speci- fying for the reporting period the amount of funds received, the use made of funds expended, and reasons for the con- tinued need of such funds, if any exist. In addition, the reports shall specify which attendance areas will continue to be overcrowded when the next term begins and when and where conditions of overcrowding will no longer exist. . The district shall also annually provide, within three (3) months of the end of the district's fiscal year, an indepen- dent audit of the school fee trust account. The City may, at any reasonable time, cause an independent audit to be conducted of the fees collected by the governing board of the school district for the purposes authorized by this section. SECTION 2 : If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity or the constitutionality of the remaining portions of this ordinance. The City Council hereby de- clares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 3 : This ordinance shall become effective upon its passage by a four-fifth' s vote as an urgency measure for the immediate preservation of the public peace, health and safety. The Council finds that further delay in being able to evaluate and implement methods to mitigate reported overcrowded conditions in the Atascadero Unified School District will hamper the ability of the City Council to take steps to mitigate this reported situation, thereby justifying having this ordinance become effective immedi- ately upon its passage. -8- SECTION 4 : This ordinance shall be automatically repealed and have no further effect three (3) years from the date of its final passage. SECTION 5 : The City Clerk shall cause this ordi- nance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in this City in accordance with Government Code Section 36933 ; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. On motion by Councilman Molina , seconded by Councilwoman_ Mackey , the foregoing Ordinance is hereby adopted in its entirety on the following roll call vote: ADOPTED: June 24 , 1985 AYES: Councilmen Molina & Handshy, Councilwoman Mackey and Mayor Nelson NOES Councilwoman Norris ABSENT: NONE f X�l ROLFE NE SON, Mayor ATTEST..- ROBERT TTEST.:ROBERT M. JOM S, City Clerk �r A(PPROVEb_AS TO FORM: APPROVED, AS TO CONTENT: ROGER',C. �LYON, JR. MICHAEL SHELTON,"-City Manager Interim City Attorney RESOLUTION NO. 62-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONCURRING IN FINDINGS OF OVERCROWDING, MADE BY THE BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SCHOOL DISTRICT WHEREAS, the Legislature of the State of California has enacted Government Code Sections 65970 and following in order to provide a means to alleviate overcrowding in public schools caused by new resi- dential development; and WHEREAS, that statute provides that whenever a school -district r finds schools will be overcrowded as the result of proposed residen- tial development, and the City concurs, no further residential devel- opment may be approved until an ordinance is adopted and implemented, providing for the payment of fees. or dedication of land by residential developers to the school district; and WHEREAS, the Board of Trustees of the Atascadero Unified School District (hereinafter the "Board") has made and presented to the City Council of the City of Atascadero a Resolution attached hereto and incorporated as Exhibit "A" containing findings, supported by clear and convincing evidence, that (a) conditions of overcrowding exist in the attendance area of the District within the City of Atascadero which will impair the normal functioning of educational programs in- cluding the reasons for such conditions existing; and (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible .method for reducing such conditions exist; and WHEREAS, on June 24, 1985, the City Council adopted Ordinance No. 107 known as the "Interim School Facilities Ordinance" ; and WHEREAS, the City Council of the City of Atascadero held a public hearing on May 28, 1985 and July 22, 1985 on the finding of overcrowd- ing of the Board. NOW, THEREFORE, the Council of the City of Atascadero does find and resolve as follows: Section 1. This Council hereby concurs in the findings of the Board that (a) conditions of overcrowding exist in the attendance area of the District within the City of Atascadero which will impair the nor- mal functioning of educational programs including the reasons for such conditions existing; and (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist. RES. NO. TITLE DATE ADOPTED 037-85 A RESOLUTION OF THE ATASCADERO CITY 5/13/85 COUNCIL APPOINTING MEMBERS TO THE CITY PLANNING COMMISSION. 38-85 A RESOLUTION OF THE CITY COUNCIL OF THE REFERRED CITY OF ATASCADERO CONCURRING IN THE 6/10/85 FINDINGS OF OVERCROWDING MADE BY THE BOARD OF TRUSTEES OF THE ATASCADERO U.S.D. t 39-85 A RESOLUTION OF THE ATASCADERO CITY 5/28/85 COUNCIL AUTHORIZING THE MAYOR TO ENTER ' AGREEMENT WITH ROGER LYON OF LYON, MILLES �k} AND WALTERN ATTORNEYS TO PROVIDE INTERIM CITY ATTORNEY SERVICES. 40-85 A RESOLUTION OF THE COUNCIL OF THE CITY 6/10/85 OF ATASCADERO APPROVING RATIFICATION OF A a,r JOINT POWERS AGREEMENT WITH SAN LUIS OBISPO AREA COORDINATING COUNCIL FOR FISCAL YEAR y 1985/86. 41-85 A RESOLUTION OF THE COUNCIL OF THE CITY 6/10/85 OF ATASCADERO APPROVING RATIFICATION OF CONTRACT RENEWAL WITH THE COUNTY DEPART— MENT OF ANIMAL REGULATION, FISCAL YEAR 1985/86. ;t 42-85 A RESOLUTION OF THE COUNCIL OF THE CITY 6/10/85 OF ATASCADERO APPROVING AGREEMENTS FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS IN 4 THE AMAPOA/TECORIDA FLOOD HAZARD AREA. 43=85 A RESOLUTION OF THE CITY COUNCIL OF THE 6/10/85 CITY OF ATASCADERO, CALIFORNIA, TRANS— FERRING TO THE CITY OF SAN BERNARDINO, rt ,_ CALIFORNIA, A PORTION OF THE CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND LIMIT OF ath THE CITY OF ATASCADERO. 44-85 A RESOLUTION OF THE COUNCIL OF THE CITY 8/12/85 OF ATASCADERO APPROVING GENERAL PLAN AMENDMENT TO Ar4END THE TEXT AND THE GEN— :•, ERAL PLAN MAP OF THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN PERTAINING TO PUB— LIC SCHOOL SITES (GP 2I-85:ATASCADERO UNIFIED SCHOOL DISTRICT) R 45-85 A RESOLUTION OF THE COUNCIL OF THE CITY DENIED WITHOUT' OF ATASCADERO APPROVING GENERAL. 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' - 3 ; z 't -o 1 ri f9t 0 perfi�rs� . taget A per Car" rsc d"�v a s,14n0d,,,to `a mp 4% a f i ^ t tci dtt t " t ' h pra tures e ep e t i nt c c s = to t < a tp'r it i.a t o � a a s he i I • achieved . Second , to measure the performance and achievements of each department by using management efficiency and effectiveness standards. 3 ) Is the City Council interested in receiving a management letter? OBJECTIVE The purpose of a management letter is to confirm to the Finance Director and City Manager that the accounting operations and procedures have sufficient safeguards to maintain a high degree of accountability. In turn, it provides the City Council with a solid understanding that the financial operations are being transacted in accordance with sound management practices, and in accordance with generally accepted accounting standards, local laws and State laws. PROPOSED PROCESS Upon authorization by the City Council to proceed with the Request-for-Proposals (RFP) , the proposed steps for the selection of a new audit firm and timetable are as follows : 1 ) RFP ' s sent to list of accountancy firms ( see Attachment A) for response within 26 days of mailing - (May 12 , 19ee deadline for RFP ' s) 2) Council confirmation of Audit Screening Committee members : Two City Councilmembers Two Administrative staff personnel City Treasurer 3) Screening Committee review of RFP ' s and interview of the most qualified bidders ( anticipated three to five firms ) weeks of May 16 - May 30, 1988. 4) Screening Committee ' s recommendation presented to City Council for intevview of top two or three firms , deliberation and selection - June 14 . 1988 Council meetinq . FINANCIAL IMPACT The City has expended an average of $6 , 763.00 per year over the past four years for financial assistance . The specific cost of the services for the past four years is provided below: F I NANC I AL AUDIT REPORT ASSISTANCE TOTAL 1983-1984 $5,335 .00 450. 00 $5,785.00 1984-1985 5,550 .00 965.00 6,515.00 1985-1986 5 ,772. 00 1 ,040.00 6 ,812.00 1986-1987 6 ,425 .00 1 , 515.G9 79940.00 0 1 • Even with an increase of over 37% in the total expenditures for the independent audit firm; to select a new accounting firm could increase the City ' s cost by as much as $4 ,000 to $7 ,000 per year . As a comparison to the cost of our audit services the following cities have been contacted : City of Paso Robles $10,000 Citv of Morro Bay $12,000 City of San Luis Obispo $30 ,000* City of Arroyo Grande $ 4 ,700 City of Lompoc $ 8,520 Used the financial services of a bio e financial firm. RECOMMENDATIONS A) WEIGHING CRITERIA. It would be my recommendation that the Council use option one for the selection of a new audit firm; for the purpose of obtaining the most experienced firm and personnel possible to review the City ' s financial records in a timely and professional fashion. B) TERM OF AUDIT . It would be my recommendation that the City Council request each firm to submit t,jo ( 2 ) bids reflecting the annual cost of a three-year agreement and the annual cost of a five-year agreement . C ) PERFORMANCE AUDIT. A performance audit will add to the cost of the audit substantially . In addition, most audit/accountancy firms are not set-up to perfc -m =his task , except for the larger big eight firms . Although an excellent management and policy too ! , it would be my recommendation not to include a performance audit in this RFP. D) MANAGEMENT LETTER . It would be my recommendation that the City Council authorize the inclusion of a management letter . E) SCREENINS COMMITTEE . The staff members proposed for participation on the Screening Committee are the Interim Director of Administrative 5ervicec an^ tre C4ccounzing Supervisor . /auditor/rfp i DRAFT April 12. 1988 REQUESTS--FOR—PROPOSALS for FINANCIAL/AUDIT SERVICES by the City of Atascadero , California The City of Atascadero , California is seeking a qualified accounting firm to perform the City ' s annual audit services and provide periodic professional financial assistance to the City ' s Finance Department staff as outlined in PART III , Item 16 herein. Outlined below are the specific elements that your firm must respond to no later 5:00 p .m. , P.D.T. , May 12 , 1988 in Room 201 of the Atascadero , California City Hall , 6500 Palma Avenue; Atascadero , California 93423. Each firm shall submit one ( 1 ) original and nine ( 9 ) copies of their firm ' s entire proposal and attachments to the Director of Administrative Services. PART I . SELECTION PROCESS The City Council of Atascaderc . California has made the decision to enter into an 'Engagement _=tter" with an accountancy firm for the purpose of conducting the Citv ' s Single Audit annual audit in accordance with the Governmental Accounting Office (GAO) standards of Generally Acc"_oted Auditing Standards (GARS) as are prescrited by the American institute of Certified Public Accountants ( AICPA ) : f;hich is commonly referred to as the "yellow book" . he City Counc ,_ l `'las selecte'n a five (5 ) person Screening Committee to review all Proposals presented to the City for a review cf experience , qualifications . cost and approach . The screening co.m.mlttse rills n-erliew the quaiified farms and will recommend that the City Ccurci interview the top two or thre=e firms end to select `rom that --cum of ' i;-ms . It should be notal that the City CoLinc _ l reserve's the richt to reject all Proposal presented . SECTION 1 . _rli,'E FRAME . The anticipated sequence of event=_ are as follows: a . May 12 , 1918 at 5 .0(,) p .m . P . D . T . all accounti--)g firm pr000sals due to the City Directcr of Administrative Services as stated herein abi-ve . b . Screening Committee review of accounting firms experience, q;_iali-ications of staff , cost and approach of f-_, ,:,-ms . This element wi l l be completed by May c? , 11?t_8. 1 C . Screening Committee interviews of the top qualified firms ; week of May 30, 1988. d . City Ccuncil to interview top two or three accounting firms and may select a firm at the June 14 , 1988 City Council meeting . Each firm will be officially notified by the City ' s Director of Administrative Services regarding the firm ' s status and official notification of the schedule of events . SECTION 2 . SCREENING COMMITTEE. The Screening Committee will consist of the following individuals : - City Council member , - City Council member Gere W. Sibbach - City Treasurer (elected ) - City Staff member - City Staff member SECTION 3 . SELECTION CRITERIA. Each proposal will be evaluated based upon the following four (4) criteria: a. FIRM ' S EXPERIENCE. The firm ' s breadth of experience working with city, county and special districts is considered a critical factor in the evaluation of each firm ' s experience. The firm ' s length of service with city , county and special district agencies will also be evaluated as a very important factpr within this criteria. Other factors considered , will be whether the firm has helped the various jurisdictions achieve special recognition by the California Finance Officers Association or by the Governmental Finance Officers Association; principals of the firm ' s involvement in state and/or naticnal associations related to governmental financial issues and other meritorious accomplishments by the firm , and the qualifications of professional staff . b . QUALIFICATICKS OF PERSONNEL ASSIrGNED . The evaluation will consider- strongly the quality of the staff that wi l l ne assigned to perform both the annual audit and various professionai assistance projects for the Finance _apartment staff during the engagement period . Factor=_ that will be considered are ; the personnel ' s length of service with the firm, experience in ccnrductinq government agency annual audits , exoerience precaring California State Controller reports , and fund accounting and finance experience . C . COST OF SERVICE . The City will consider tie cost of service for both the annual audit preparation as well as the financial assistance hourly rate over the entire term of engagement as an important item. 2 d . APPROACH OF FIRM . This element will be evaluated based upon the t ✓pes of items/f i ies to be reviewed , the ab i 1 i ty of the fi .m to pr-o'✓ide an opinion on financial statements of the individual funds , the methods of conforming with GAAP as well a=_ the approach used in exit conferences . The most important element in this criteria will be the f--rrn ' s ability to complete the fiscal year 1987-1989 audit within 1PO days from July 1 , 1988 and subsequent ,years the audit report submitted within ,120 days or less from the end of the fiscal year . SECTION 4 . CRITERIA WEIGHING. The City Council has adopted a select :.on criteria weighing system for use by the Screening Committee . The weighing is as follows: a . Firm ' s Experience b . Ouaiificacions of Personnel Assigned C . Cost of Services '% d . Approach of Firm '% Each firm ' s proposal will be formally ranked by each member of- the fthe Screening Committee based upon the Selection Criteria and then factorinq in the weicht value. of each criteria factor . PART II . PROPOSAL CONTENT The City Council _ = re=questing that each firm respond to each criteria element " fisted heir,,, and includ_= two (2 ) alternate Sub- proposa1 bids in addition to ?e "Lase rase" pr000Sa1 tC Gondol:t the C1 ty ' s audit car- ;i r`es for 3 Oer 1OG of three (3 ) y�ar5 . The two ( 2 ) alternates to be considered u : the City Cou.�cii are: ALTERNi?T I VE 1 > Cor�tractinq with the au:jit firm for a period of five ( � ) j ec,rs Each -f fi r srl=":1 .: D r o v i d e an annua i Cost prC Dsa I -:» out i r;=-j AL rERIV(IT I VE 2 ) Inclusion of a eparate management let,:er as part of Che annuc:: 11G ---- t _'JirW aE_ Part I1I tem fol details) . a ) . Firm ' s Experience - rEach fir-m must p;-a ✓ide a detailed outline the e;;perience it has had working with local and State government ! i_nt . Each - _ lent should be identified by name cf :e governmental agency , type of governmental agency , size of it ' , operating budget and capital Hjudget , `.sear s ham' service was/hias been pl-ovi'oied to the agency by your r irm, type of services provided , 3 i average $10,600,000 annually . The City has been required to prepare its annual audits in conformance with the Single Audit guidelines due to receipt of federal proor-am funds . In additio`'l to TDA funds , the City has also received Community Development 'tSlock Grant and General Revenue Sharing funds in the past , however , no further -evenues are anticipated from GRS & CDBG sources. The City is carrying over $400,000 of General Revenue Sharing funds in a separate fund which will be expended by the end of fiscal year 1988-1989. SECTION`! 2. FISCAL PERIODS TO BE COVERED . The City Council will make a decision whether to award a three ( 3) or five (5) year letter of engagement based upon the quality of the firms responding and cost of services . SECTION 3. FACILITIES AND ASSISTANICE AVAILABLE. The City provides a small office area for the Audit Firm to conduct the review of the City ' s financial records t�ahich is within 15 feet of the Finance Office. The Finance staff does provide some assistance and are available for que=_tions and clarifications of procedures . SECTION 4. TIME SCHEDULE FOR THE AUDIT . The City Finance Department will be ready by August 26 , 1988 or roughly the 20th working day of August for the Audit ? irm to begi.n the examination. In future years, the finance staff will coordinate the date wnen they will have the boo;- closed , however , in no event !,vill the data be later than the 25th of August . Pre-audit visits are encouraged . The Audit Pi �-m must have their review of the financial statements comG31eted and `-eQort or lilted no late,,- than aterthan October 31 1988 or 120 days anter the .July 1 of each subsequ_nt fiscal year . SECT 10i\1 5 . SUPP"_;'iE�TAL AND SPEC: a! 9_ PPOSE �EPUR T i P`1G. The C: ty complies with the Single Audit regulations, thus a separate comprehensive annual financial report i= not -eauired for federal funds , however . there will be tale reaui emend to issue a separate General Puri:o5- nancial Statemer- ;rt-c; +�. + t:�{: aSrarlal-n C0llnty3n'_ tatiGn D, istrict . It 25 art i'= i' t the Atascadero 'Cc-i-,;lty Sanitation Distrix ' ;i11 i b bsorb=d into t`' -2 City of Atascadero in 1983-1929 and d=clime an enterprise fund . Other rp,::71_-- may ce required in -iliturEit-c itl the E ✓Gn1 the City lAere to lance ;3nd!orfaCil : t`✓ , equipment or tuilding . SECTICN 6 . CUAL_FIED OPINION . The Cit / does not acco-._Int for general fi :,ed assets . It is not anticipated that the City will accoulit for generai fixed a_,set5 du- i'?g he term of this engagement . Therefore . the City _ouncil and City administration recognize that the City ' s financial -CGorr S,Jii1 ge a glualiT ieo report in regard to general fixed assets . 6 here that proposals to provide completed audit reports 120 days beyond the end of the City ' s fiscal year will not beCOn�idel'adi 7"ree , to include assistance 4,iith the cio7ing of th,��? books , preparation of the financial =statements ; four- , presentation of findings and financial statements to the City Manager/Finance Department and Citv Council ; five, completion of City ^anagement letter ; six , use of city staff ; and , seven, ability to respond to recent and future changes in accounting rules and regulations . r-�LTERNATE #2 Management Letter - As a separate element of your proposal , please outline your firm ' s approach to identifying issues to be included in a management letter and the additional cost ( if any ) to prepare and review the contents with the City Manager , Director of Administrative Services and then City Council . PART III . ENGAGEMENT LETTER The element= that will be included in the "engagement letter" between the City and the independent audit firm once a firm is • selected are =specified below. SECTION 1 . SCOPE OF AUDIT. The City of Atascadero will require that the _-elected audit firm (hereinafter referred to as "Audit Firm: ) review all account groups of the City , General Fund , Special P venue Funds , Capital Pro ;,ects Fund , Debt Service and Enterprise =unds , the Atascadero County Sanitation. District , Assessment District Funds of both the City and Atascadero County Sanitation District , all Fiduciary Funds , and -federal program funds which must comply with the Single Audit requirements . The City of Atas_adero in cooQeration with the San Luis_ Obispo Area Coordinating Council and Regional Transportation Planning Agency ( TDA) pian to consolidate the :audit of the City ' s share of Transoortation Development Act and State Transit Assistance r-unc"s . Lt3 cd is the guidelines for completing the TDA Fiscal Audit . T a Audit ?-m should respond with a separate flee for the romp 1 et i o,n oe -rA Aud i t . The City operates seven funds ano eight assessme?rt di trictc Th=- Atascadero County 'ani tat ion Dlstri=t _otnts for all revenues as an enterprise fund vjith two ( 2 ) Capital oroject funds , a Bond Reserve Fund . a Bond Service Fund and a long--term Debt !`'.ind . It i` anticipated that the Atascadero County Sdnitatio'r1 District will becoime a City operational unit prior- ;o July 1. , 188 ; thus eliminating the need for a separate covered -.eport after this fiscal year . Other pertinent data : the City, processes an average of 5,00V accounts_ payable annually , there are 113 full-time and part-time Personnel that are paid once every two week_ (r_b payroll periods ) , there a*.-e approximately 2 , ,0(),`) active vendor accounts , total Clty , Atascadero County Z53anitation District appropriations 5 r the principal contact person of the agency and t^eir telephone number . Each tli-m s1houid list all pr incipIle off kers of!- the firm, titles and total full-time personnel presentiv employed by the firm (please distinguish between professional and support staff ) . b ) . Personnel Qualifications - Each firm must ident ;.fy the specific personnel that will. be assigned to the City of Atascadero for the period of the firms engagement . Each person that will be associated with the City shall include a detailed resume which outlines their experience and education. in addition, all principles should include their resumes in regard to their professional qualifications and education. c ) . Cost of Service - Each firm will specifically identify the cost ,. contract amount not-to-exceed ) for each year the firm is retained by the City as prescribed below: BASE CASE - state an annual amount to perform the City ' s annual audit for three ( 3) fiscal years 1987- 19BB . 1988-:989 and 1989-i99o . Also to be included is a statement of the hourly rates by position to perform the various professional assistance proects for the above stated Fiscal years . ALTERNATE #1 - State an annual amount to preform the Citv ' � Annual Audit for five ( 5 ) fiscal years; 19x37 1988 . 1988-1989, 1989-1990, 1994-1 �9i , and 1991-1992 . Also include a statement of hourly rates to perform the various financial assistance projects by position for the above stated fiscal years . (Please note , that the City of Atascadero ` s fiscal year -uns from July 1 to June .30 . ) TDA AJD1T ALTERNIATE - The Ci `,; of Atascadero in cooperation with the San Luis Obispo Area Coordinatino Council and Regional Transpo-tation Planning Agency ( TDA ) are 'oroposina to consolidate the audit of funds received by the Citv from the T,-an=Tortation Development Act funding source fir fi_cal years 1-937- 19BB and 1988-1989. The purpose cf this audit is to render ;i auditor ' s opini0:-1 regarding the fairness of appl .cabi-- financial staternent= and il-, compliance Wl- th applicadle legal provisions that ars- in actor-dance with generally accepted auditing standards . This portion OT the bid should be spec ificaIly identified as to cost for the service for each of the two fiscal years stated above. d ) . Approach of Firm - Each firm hall outline the scope Of services thev will provide as part or the Annual Audit . services . Responses to this element :shall include , but not be limite=d to ; One , ability to express a GAAP opinion on the financial statements of individual funds ; two , the tiiminq of the audit ( i C should be noted 4 • SECI"ION 7 . SAAP . All financial statements prepared by Audit Firm will be in conformity to Governmental Accounting and Auditing Procedures ( GAAP) , and the responsibility for conformity to GAAP rests with the City. SECTION 9 . C&;,]l=ORMANCE WITH GOVERNMENTAL ACCOUNTING OFFICE STANDtRDS . The =edit Firm shall conduct the annual audit in conformance with generally accepted auditing standards set forth in the GAO "yellow book" . SECTION 9. MANAGEMENT LETTER. The formal management letter shall be submitted to the City Manager at the same time as the financial statements are presented to the City ( see item #4 and 13 for timing ) . The management letter shall contain recommendations based upon the independent accountant ' s review of the adequacy of the City ' s internal accounting controls and other audit investigations which are part of the City ' s financial operations . The management letter will also be presented and reviewed Cith the City Council at a public exit conference . SECTION 10. FRAUD OR DEFALCATIONS DETECTED. In the event the Audit Firm was to find evidence of fraud or defalcation. those Pertinent records shall be retained and both a written and oral notification of the City Manager and Citv rttorney �-mall be made by the Audit Firm within twelve ( i2 ) hours of discover- ing the problem. SECTION 11 . AUDIT FIRM PERSONNIEL . The Audit Firm sinall specify which personnel of the public accounting firm will '-)articipate in the audit and to what extent . Any proposed chances in personnel by the ':?edit Firm shall be formally approved by tr>e Ci t'y _ Administrative Services Director and City Manager t0 the proposed change. SECT 10N !2. TERMINATION OF CONTRACT FOR CONVENIENCE 12F F 1 T NER PARTY . Either party may terminate this Engagement Lettor at any time tv giving to the other Dart-v nne-nundred day._ written r;iatl�e of such terminaticn. Termination Shah ": s'✓o no e'fact Upon the rights and obligationCf rnA pdi- ioc a'i 1G1r C! 0J C- of an transaction occurring prior to the effective date of such termination. Audit Firm shall be paid for all U•jori< completed in accordance with this Enoagement Letter pr 101 t0 r^� eft -?C=t .ve date of Taid termination in an amount to bg determined by the r, City Il:ynaa_er in accordant_ with the terms of } hie Engagement Letter . SECT I OIV 1:3. TERMINATION OF CONTRA- , FOR C I n the event tine Audit Firm does not adequately f u I f i I the ter-ms of the Engagement Letter , the City shall have the richt to terminate the agreement by officially notifying the Audit Firm of their intent to do so and that the Audit Firm --hall immredi _:telt' cease all vJor-k I for the City . The Audit Firm shall present a billino to the City for actual time worked based upon the agreed upon hourly rates for the personnel involved in the services to the Citv . SECTION 13. EXIT CONFERENCES. The Audit Firm shall conduct an informal exit conference with the City Manaqer , which shall b2 held once the financial reports are completed and ready for public presentation. The exit conference with the city Council shall be at a public meeting at a time and location set by the City Council . However , in no event will the exit conference occur any later than thirty ( 30 ) days after the Audit Firm has presented the completed Financial Statements and Management Letter to the City for distribution. SECTION 14 . DELIVERY DATE OF AUDIT. The Audit Firm shall deliver the completed Financial Reports to the City no later than October ( date to be completed when Audit Firm selected ) of each calender year . The Audit Firm shall supply the City with twenty- five ( 25) copies of the Financial Report and ten ( 10) copies of the Management Letter on the date specified above. SECTION 15 . COST OF AUDIT . ( To be completed U)nen an Audit Firm is selected . ) SECTION gib. COST OF FINANCIAL ASSISTANCE . The Audit Firm will be requested to assist the City Finance Department staff in the closing of the books , preparation of state reports and to provide an expert opinion on a variety of financial procedures during the term of engagement . The cost of said financial assistance shall be on an hourly basis, for time to complete said work . (Hourly rate=_ by position shall be inserted here . ) SECTION 17. SIGNATURES OF PROFER OFFICIALS. A11 financial Statements and the Annual Audit Report shall contain the ',roper signatures of the responsible City Officials a,id those oerscns that represent the Audit Firm. Under no circumstances shall there ne any substitutions or deviation . SECT I Oi•1 1 f3 , C I T Y SUPPLY OF F I NAPJC I AL DOCUMENTS . rf e City Finance -ivision staff shall provide any and ail financial records that are equired by the Audit Firm in a timely and complete f-ashion for review on-Site . Any recoris that are taken from Cit ,/ Fia11 shah be approved by the Dir=ctor f Adim�inistr ative Service's, prior to the Audit Fir.,--, t3E:: ing said documents . JMB: al \a\auditrfo 8 �I 0 ATTACHMENT A ACCOUNTING FIRMS The list of firms listed below will receive a copy of the City ' s Reauest-for-Proposals once the City Council finalizes the RFP and makes a determination on the four poiicy items . The List was compiled -:m input from the San Luis County Auditor al d other city finance directors regarding the firms they have contacted for services . As you wiil note, there_ are "big-9" firms that are proposed to be 'ncluoed on the bidders list , due to the proximity al their office locations . 1 . Belcher , Baxley, Schuetze & Co . 6. Knight , Towle , Sage & Johnson 2103 Broad Street . 1319 Marsh San Luis Obispo , CA 93401 San Luis Obispo , CA 93401 (805) 543-1987 ( 805) 541-2500 2. Bourdon & BurE,art 7 . List & Lathrop 694 Santa Posa 1200 Vine Street San Luis Obispo , CA 93401 Paso Robles, CA 93446 (605) 543-6876 (805) 238-3940 3. Coopers & Lybrand 8. Peat , Marwick , Mitchell 1000 W. Sixth Street Attn: Maurice Dew'ald Los Angeles , CA 90017 725 S . Figuero (213) 481-1000 Los Angeles , CA 90071 (213) 972-40CisJ 4 . Deloittle , Haskins & Sells 500 Espanada Drive 9 . Robert [11oss Accoun-cancy , Inc . Oxnard . CA 930-03 802 East Main Street ( 805) 485 Santa maria . CA 93454 (805) 925-�3_�?9 5. Glenn Burdette. Phillips & Booker 1150 Palm 10 , Fox Accountancy Croup San Luis Obispo , CA 93401 address to be provided ( 805 ) 544-1441 by City Treasurer a\rfpfirms t w, - . r� Apri1 12 1988 k TC?: City cnc11' \V i a�: Mikt3 + 1 til nage ;" f i PramBob, .. Perks and Recreat i c►n }i rr # s Subject, Coftcessio l Contract for. Pal R On January 26, 1988;, - City QUAc ma = m• _ ConcesssfG'�n contract to Randy Pyberg.� or C3$1�tl6';:," U success tu 1, c l tloh`, of �a successful ba h ► lei x by the Poi i<c+ , D� Psi rtment and 'a Cert.i f i te� off. .. amou C}n inuary, '. 1988, k.a latter t 8upprrt Services— Ccbrdi ator Band gt+ I ten -the 'Beckgrround'Check, It` J nd i Bated that Oks A,' car% i ' s aPPr f� h must . fin�ert�rint, d and, ,; the ;