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Home My WebLink AboutAgenda Packet 10/08/1984 AGENDA - ATASCADERO CITY COUNCIL • Regular Meeting October 8 , 1984 7:30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment City Council Comments A. CONSENT CALENDAR NOTICE TO THE PUBLIC 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 of these items. If dis- cussion is required, that item will be removed from the Consent Calen- dar and will be considered separately. Vote may be by roll call. . 1. Minutes of the regular meeting of September 10, 1984 (RECOM- MEND APPROVAL) 2. Minutes of the Special Adjourned meeting of September 29, 1984 (RECOMMEND APPROVAL) 3. Treasurer 's Report - Finance Director ' s Report (8/1/84 to 8/31/84) (RECOMMEND APPROVAL) 4. Consideration of Claim for Del A. Robasciotti (RECOMMEND REJECTION) 5. Lot Line Adjustment 8-84, 5290 Barrenda, Paul Baum, to adjust lot lines to allow an existing house and garage to be on the same lot (RECOMMEND APPROVAL) 6. Lot Line Adjustment 11-84, 4522 San Jacinto Avenue, Jon Lang- ford, to adjust the lot lines to enable a residence and gar- age to be on the same lot (RECOMMEND APPROVAL) 7. Tentative Tract Map 21-84 , 5030 Olmeda Avenue, Chester Simon, to create four airspace condominium lots and one common lot (RECOMMEND APPROVAL) 8. Acceptance of Bid No. 84-11 for Softball Field Lighting Fix- tures (RECOMMEND ACCEPTANCE OF BID) • Agenda - City Council - October 8, 1984 • C. UNFINISHED BUSINESS 1. Consideration of Resolution No. 7-84 concerning onsite drainage problems (Scott and Susan Vasgird) 2. Discussion of appointments of City Treasurer/City Clerk 3. /-/J, D. NEW B SINESS 1. Supplementary Budget Request: Building Inspector Radio System 2. Request for funds for Plan Checks/Part-time Inspector. 3. Disposition of Surplus Property 4. Revision of Municipal Code Provision relating to Office of City Manager 5. Proposed Ordinance providing that no mandatory duty is im- posed by the Municipal Code for the acts of the City, Coun- cil, Boards, Commissions, Officers, ,pr Employees tVII 9 / 6. Bid No. 84-16 - Fire Station Addition 7. Proposed Resolution relating to charges for the sale and • maintenance of the Atascadero Municipal Code. 0,A,,-- S3-P� 8. Processing of Proposed Resolutions/Propositions received from other agencies E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: There will be a closed session to consider personnel mat- ters and property acquisition. An announcement is antici- pated after the closed session. • 3 MFIV! AGENDA MINUTES - ATASCADERO CI�OUNCIL A Regular Meeting A ITEPA / September 10, 1984 Atascadero Administration Building pge 1 e regular meeting was called to order at 7 : 30 p.m. by Mayor Nelson. The Pledge of Allegiance was recited. Invocation was given by Larry Etter of the Community Church. ROLL CALL Present: Councilman Molina, Handshy, Councilwoman Norris and Mackey and Mayor Nelson. Absent: None STAFF Present: Ralph Dowell, Acting City Manager; Allen rimes, City Attorney; Mike Hicks, Fire Chief; David Cerin , Recreation Coordina�t�or Bud McHal� Police Chief; Henry Engen, Planning Director; GetSrgia Ramirez, Acting City Clerk; Larry Mcfherson, Public Works Director; and Yet±_ iyt C4u ne11, Manager of the Zoo. PUBLIC COMMENT None UNCIL COMMENT ancilwoman Norris withdrew her support for her motion made at the council study session on September 8, 1984 to appoint Georgia Ramirez as City Clerk. Councilwoman Mackey also withdrew her support for the motion. Councilman Molina withdrew his support for his motion made at the council study session on September 8, 1984, to appoint Ralph Dowell as City Treasurer. Councilman Handshy also withdrew his suppoNt for the motion. These two positions will be discussed again in the future. Councilwoman Mackey spoke about the dead fish at Atascadero Lake. Larry McPherson, Public Works Director, said that clean up had been started by City crews and the Boys School in Paso Robles. He also explained that lack of oxygen caused the occurance of the fish dying. Mayor Nelson presented certificates of appreciation to past Parks and Recrea- tion Advisory Board Members, Richard Ivy and Jan Baum and thanked them for their efforts while serving on this board. -1- • Regular Council Meeting September 10, 1984 Page 2 CONSENT CALENDAR 1. Minutes of the regular meeting of "August 27, 1984 (RECOMMEND APPROVAL) 2. Acceptance of Bid No. 84-9 for Street Sweeping (RECOMMEND ACCEPTANCE OF BID) 3. Acceptance of Bid No. 84-10 for pavement painting (RECOMMEND ACCEPT- ANCE OF BID) 4 . Acceptance of Bid No. 84-14 for irrigation supplies (RECOMMEND ACCEPTANCE OF BID) 5. REJECTION OF BID NO. 84-15 for rough grading (San Fernando Road) (RECOMMEND REJECTION OF BID) 6 . Time extension for Tentative Parcel Map AT 820318 : 1. 6625 Santa Cruz Road, Garlick (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7 . Acceptance of Parcel Map 7-84, 7505 Carmelita (Lot 5, Block UB) , Stoddard (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RE- COMMENDATION) 8 . Acceptance of Parcel Map 18-83, 11845 Halcon Road (Lot 18 , Block 68) , Rodda (Hilliard Surveys) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 9 . Acceptance of Lot Line Adjustment 9-84, 3580/3584/3590 Maricopa Road, Russell, et al (.Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 10. Tentative Lot Line Adjustment 10-84 , Santa Ana and San Fernando Roads. (Lots 9, 10, 11, 12, 20, 21, 24, 25, 26 and 27 of Block 26) , Bethel (Fargen) , to adjust the rear lot lines of several parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 11. Approval of time extension for Lot Line Adjustment 820602 :1 4235/ 4255 Dolores, Wise (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 12. Tentative Parcel Map 14-84 ,9805 El Camino Real, Nelson (Jensen) to create 18 residential condominium ownerships (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 13. Tentative Parcel Map 15-84 , 1875 El Camino Real, H.L.S. Properties (Associated Professions) , to create two residential lots (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 14 . Tentative Parcel Map 17-84 , 7165 Sombrilla Avenue, Shores (Stewart) , to create two lots of one-half acre each (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) -2- Regular Council Meeting* • September 10, 1984 Page 3 15. Tentative Parcel Map 18-84, 10955 San Marcos Road, Major (Stewart_ to create four lots from a 71 acre parcel (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 16. Tentative Parcel Map 19-84, 5175 Aguila, Gaultney (Stewart) , to create two lots of 1. 97 and 1.53 acres (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 17. Adoption of Resolution No. 49-84 concerning Traffic Safety Week 18 . Acceptance of agreement between the City and South Atascadero Park Committee for South Atascadero Park Development. Councilman Molina asked that the contract on Item 2 not be valid until per- formance and the promise of new equipment is met. Also that item 5 be brought back at the next council meeting for further discussion. MOTION: By Councilman Handshy, seconded by Councilwoman Mackey to accept items A 1-18 (except Item 5) of the Consent Calendar. Item 5 is refer- red back to staff for further study. Passed unanimously by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Progress Report by Atascadero Zoo Manager (Yetta McConnell) Yetta McConnell thanked Jim Summers of the Paso Robles Boys Schoomb for arranging for a crew to help with the dead fish at Atascadero Lake. She then gavea report on the progress that had been made during the past year at the zoo with the help of $30 , 000 from the Zoological Society. Also the plans that are made for this year with $25, 000 from the Zoological Society. Mayor Nelson thanked Yetta for the fine work that is being done at the zoo. He asked her to give the information to the City Clerk ' s Office regarding a letter being sent to the Paso Robles Boys School for all of their help. 2. Review and discussion of LAFCO Sphere of Influence Report (Planning) Planning Director, Henry Engen, said that a hearing will be held on October 4, 1984 , at 1: 30 p.m. regarding the Sphere of Influence and would like in-put from the council before this meeting. He urged the Planning Commission and Council to attend this meeting. Mr. Ned Rogoway, from the Holiday Inn Properties, hoped the Council would support Area #1 for annexation. Council consensus was to strongly support the City's original request as being consistent with Sphere of Influence criteria. -3- Minutes - Atascadero City Council Meeting September 10, 1984 Page 4 3. Status of Sewer Study grant at San Jacinto and Traffic Way Larry McPherson, Public Works Director, said by next week he should be going out to solicite a consultant engineer to do the project, but before that can be done he will have to come back to the council with a request and a recommendation to hire that firm. He will also have some cost figures on what it will cost to conduct that survey. He stated that the study was limited to only the collector sewer system that would be required by the water quality control board and not storm drainage. Councilwoman Norris excused herself due to a possible conflict of interest in this matter. The following remarks were directed toward a drainage dispute created by grading four lots at Maninita. Tom Baumberg, Civil Engineer from San Luis Obispo, spoke representing property owners in this area. He said this is a potentially serious drainage situation which must be addressed in a very short time in order to prevent serious consequences from the improvements proposed to carry water along the rear of lots 4511-19 Maninita. He stated what appears to be appropriate action. Councilman Molina asked Mr. Baumberg if he was putting the council on notice on a legal situation. Mr. Baumberg said he was not trying to intimidate anyone, but he said, "we can all be in court if some- thing isn' t done about this situation" . Mayor Nelson suggested John Kennaly, the property owners, Ralph Dowell, George Molina and the Mayor meet on Thursday, September 13, 1984 at 4 p.m. in Room 207, and try to solve this problem. 4 . Appeal of Planning Commission' s Conditions of Approval on Tentative Parcel Map 6-84, 8870 San Gabriel Road, (Ptn. Lot 11 Block 33) , Davis (Kennaly Engineering) Staff report was given by Henry Engen, Planning Director. John Kennaly made his presentation regarding the appeal. Robert Brown and Ron Bell spoke regarding their feelings against the appeal. Council decided to holdover this item until the next council meeting on October 8, 1984 . -4- Minutes - Atascadero City Council Meeting September 10, 1984 Page 5 5. Adoption of Resolution No. 51-84 concerning vacation of a Public Utilities Easement located on Plata Lane Presentation was made by Larry McPherson, Public Works Director. MOTION: By Councilman Molina, seconded by Councilman Handshy to adopt Res- olution No. 51-84 . Passed unanimously by roll call vote. C. UNFINISHED BUSINESS None D. NEW BUSINESS 1. Draft Agreement with San Luis Obispo County for use of Pavilion Building Ralph Dowell, Acting City Manager, recommended rejection of draft agreement with the County. MOTION: By Councilman Molina, seconded by Councilwoman Norris to reject agreement with the County. Passed unanimously. 2. Discussion of process and proposed schedule for selecting Recreat Director Acting City Manager, Ralph Dowell, asked the council to appoint a screening committee to reduce the 40 applicants to a. workable amount. The screening committee will be Councilwoman Norris, Mayor Nelson, Ralph Dowell, Acting City Manager and Parks and Recreation Advisory Board Members, Jensen, Rizzuto, and Lara or Porter. They will meet on Monday, September 17, 1984' at 1: 30 p.m. The interviewing of Recreation Director will be on Saturday, September 29, 1984 at 9 a.m. Jim Porter from the Recreation Advisory Board will sit in on the panel but will not have a vote on the selection. 3. Consideration of cancellation of September 24 Council Meeting due to League of California Cities Conference Valerie Humphrey, Deputy City Clerk, will open the meeting on Sep- tember 24 and close the meeting due to lack of quorum. The meeting will be adjourned to a special closed meeting on September 29 , 1984 to select a Recreation Director. 4 . Resolution No. 48-84 commending Charles "Skip" M. Joannes MOTION: By Councilman Molina, seconded by Councilwoman Mackey to adopt resolution No. 48-84 . Passed unanimously by roll call vote. -5- Minutes - Atascadero City Council Meeting September 10, 1984 Page 6 5. Adoption of Resolution No. 52-84 to approve various transit claim requests MOTION: By Councilwoman Mackey, seconded by Councilman Molina to adopt Resolution 52-84 . Passed unanimously by roll call vote. 6. Resolution No. 50-84 opposing California Department of Fish and Game White Bass Program Councilman Molina said he thinks that the Fish and Game Department know what they are doing on this. Councilwoman Mackey said she is opposed to poisoning of the fish. No action was taken on the resolution. E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION Councilman Handshy thinks the City should look into having a new motto. Councilwoman Norris said it would be nice if Atascadero had a large sign on the outside of town telling tourists that they are coming into • Atascadero. Councilman Molina said that staff has been asked to do quite a few things and that he hoped that the council would concentrate more on major ob- jectives, many of which have been on the books for the last four years and get them accomplished. Mayor Nelson said he received a list from Larry McPherson, Public Works Director, showing the status of public works projects. CITY ATTORNEY None CITY CLERK None CITY TREASURER None CITY MANAGER Those attending the League of California Cities Conference at Anameim, September 23-26, 1984 are Mike Hicks, Bud McHale, Ralph Dowell and Georgia Ramirez as well as Councilmembers, Mackey, Handshy and Norris. -6- i' • 0 Minutes - Atascadero City Council Meeting September 10, 1984 Page 7 KPRL will be scheduling members of the staff and council to be on is their "sound off" program. It will possibly be on Thursdays, 10 : 30-11: 30 a.m. Meeting adjourned at 10 : 10 p.m. to a closed session. Closed session adjourned at 10:40 p.m. Meeting adjourned at 10:40 p.m. to a special meeting on September 29 at 9: 00 a.m. GEORGIA I EZ, Actin City Clerk . M10G AG NDA SPECIAL SESSION OF ATASCADERO CITY COUNCIL DATE, ITEM 8 : 40 a.m. , Saturday, September 29, 1984 ity Manager' s Office LL CALL Present: Councilwoman Mackey, Norris, Councilman Handshy and Mayor Nelson. Absent: Councilman Molina Staff: Acting City Manager, Ralph Dowell and City Attorney, Allen Grimes. Adjourned to closed session at 8 : 42 a.m. to discuss possible litigation and interviewing of 10 candidates for position of Recreation Director. Returned to open session at 4 :40 p.m. MOTION: By Councilman Handshy, seconded by Councilwoman Norris, to direct Acting City Manager, Ralph H. Dowell, Jr. , to proceed with background inquiries and hiring procedures relative to Council 's priority listing of Recreation Director candidates, and to advise Council at its next regularly scheduled meeting, October 8, 1984, of the results of his activities. Passed unani- mously 4 : 0. MOTION: • By Councilwoman Mackey, seconded by Councilman Handshy to . approve authori- zation for Leonard J. Russo, Inc.. , 'acting as the City of Atascadero ' s Workers ' Compensation administrator, to enter into a Compromise and Release agreement between the City and RadLee Francis Payne. The settlement shall provide: 1) that the City pay Mr. Payne the sum of $36,700.00 in lieu of a permanent disability award, with the actual payment minus the aggregate sum of any advance permanent disability award payments made to him on behalf of the City; 2) that the City set the effective date of Mr. Payne ' s Public Employees ' Retirement System disability retirement as March 3, 1984; 3) that Mr. Payne release the City from all past and future claims; 4) that Mr. Payne furnish the City with a Declaration of Non-Interest in Vocational Rehabilitation from April 11, 1983 to the present and con- tinuing until/unless he provides the City with written notification. Passed unanimously by roll call vote 4 : 0. MOTION: By Councilwoman Norris, seconded by Councilwoman Mackey to adjourn from the session to Council 's next regularly scheduled meeting, October 8, 1984 . Passed unanimously 4 : 0. �A �ORGIA ,..IREZ , Acting ity Clerk • TING � AG7NOA CITY OF ATASCACERO TREASURER'S REPORT AUGUST 1, 1984 TO AUGUST 31, 1984 RECEIPTS TAXES Property Tax 7,154. 05 Cigarette Tax 4,643. 67 Motor Vehicle "In Lieu" 27 ,933. 94 Sales & Use 86, 000.00 Occupancy Tax 4,387 . 68 Other State-In-Lieu 2. 56 LICENSES/PERMITS/FEES 17,472.60 GAS TAX 19,939.78 TRAFFIC SAFETY 1, 304.01 REVENUE SHARING -0- RECREATION FEES 5,234.75 RETURNED FROM LOCAL AGENCY INVESTMENT FUND AND MATURED TIME DEPOSITS 210 ,000.00 • INTEREST ON INVESTMENTS -0- TRANSPORTATION SB-325 -0- MISCELLANEOUS Rents Concessions 1,066.74 Sale Maps/Publications/Reports 346 . 40 Special Police Services 60 .00 Fines & Penalties 492. 94 Dial-A-Ride Farebox 2,123. 60 Reimbursement to Expense 2,811.36 Refunds 5,747.06 Planning Permit Deposits 9,964.84 Bails/Bonds 366.00 P.O.S.T. 5,095 .08 911 Funds 438.19 Wil-Mar Disposal 2,287 .96 Rebates 10.49 Weed Abatement 821.35 Donations-Special Projects 7,600 .89 Investments 4,816 .39 Reimbursement from Sanitation District 19,994.73 Miscellaneous 1,936 .39 TOTAL $ 450, 053.45 • 1 a �► CITY OF ATASCADERO TREASURER'S REPORT AUGUST 1, 1984 TO AUGUST 31, 1984 INVESTMENTS LOCAL AGENCY INVESTMENT FUND 675, 000 .00 TIME DEPOSIT, SANTA BARBARA SAVINGS 12. 50% INTEREST, MATURES 12/12/84 100 , 000.00 TIME DEPOSIT, CITICORP SAVINGS 10.125% INTEREST, MATURES O1/22/85 100,000. 00 TIME DEPOSIT, CENTURY FEDERAL SAVINGS AND LOAN 10. 25% INTEREST, MATURES O1/24/85 100,000.00 TIME DEPOSIT, GREAT WESTERN SAVINGS 12.275% INTEREST, MATURES 01/14/85 100,000.00 TIME DEPOSIT, COUNTY SAVINGS AND LOAN 13.25% INTEREST, MATURES 01/13/85 300,000.00 TIME DEPOSIT, CITI-CORP SAVINGS 11.9% INTEREST, MATURES O1/14/85 100 ,000.00 TIME DEPOSIT, COUNTY SAVINGS AND LOAN 13.25 INTEREST, MATURES 01/14/85 100,000.00 TOTAL INVESTMENT DEPOSITS $1, 575,000. 00 Ralph 14. Dowell Jr. Interim Treasurer 2 CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT AUGUST 1, 1984 TO AUGUST 31, 1984 BALANCE AS OF JULY 31, 1984 7 ,904.07 DEPOSITED BY TREASURER, SEE RECEIPTS, TREASURER'S REPORT, PAGE 1 450, 053.45 TOTAL 457,957.52 HAND CHECK REGISTER DATED 08/31/84 84,975.78 CHECK REGISTER DATED 08/08/84 1,679. 25 CHECK REGISTER DATED 08/10/84 125, 660.26 CHECK REGISTER DATED 08/22/84 44,111. 38 CHECK REGISTER DATED 08/22/84 1, 667.75 CHECK REGISTER DATED 08/31/84 67, 836.61 EXPENSE LISTING 114,334.78 TOTAL 440 ,265.81 BALANCE AS OF AUGUST 31, 1984 17, 691.71 PETTY CASH 200.00 TREASURY INVESTMENTS SEE TREASURER REPORT, PAGE 2 1, 575,000. 00 TOTAL 1, 592,891.71 I, RALPH H. DOWELL, JR. , do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. 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N67\ .Cl F'PJ d ;, i j Ell i i i 1 'CD I S I aF E t ^ i 0, r71-� i.7 L7 S z",.?S J'iL7 m L;)�? ss J} ' a)i r7 a �0 1 u1Ii,J_i L ::' '' LJ =._r iu f 11 Lj...>r L rf Ll i.j L'i ..:7-fn u• :i.71`-M i.:E.,n L 7 v. 3 %S Z i i-�- .i -S ss-= r:i L; z Y, 1 PJ .�n :CJ J ): ..#'i. d d djd d d'd W ' 'd d d'U7.r d d d Zr, 4,: L7 S j _ ` Val � �I�V �� I^ ab �I � �� >✓ � + O F OIC F :,OO a� al -. 0{ Cfl•-a .... : � - S ; X,L X X X Y.IX X X X K X A:X X X XkX X X�C X X X Q i , r !� : Wit — FL» �1 � � c_ c vi o ^i c a_a i o o cl a' >✓oI d CD rs 1 ^J t CJ PJ J' ^ .r f p CJ ^ fit r+~ ..! rJ 4.. y i?d J 1 f.J 1 CJ ati I Fri J j.J J 1 .J J -.t ;J - ,� Erj CZ1 i U7 ,C NI J ? QCJ J�a 71:17 o: : : -• IN IN ^ ^ -1 C111 LN rl a 0... L b c:J e 1 Z F ! Q i 1 - !t F G ! LL j3 UL-i 13 1 _ 1-4 S LLI z { t� f w 1 � Li _ } 3 :.3U U LJLU i d 4T :n m lz of z _ - PJ PJ PJ I - i 0 -- o -0 o _o — --- _ ® ® o ® o 0 0 N n ! I X z c> o vv nn �r7 cv §,l' M C'd j + : t z i s z `} 3 ¢ 1 C C L'+ %.'. >- m J in 10 r �r E.c a c c cI a a 'a a c t X X -j X X X{X Y, X X X X. Q }- - a c � u } c a •., c o c� c a a c i ce U=> a _ a M z } 3 -a rs N ¢ L^1 ( € a c a a a a a a as tik:-,.v a J u TLUi _: c u M ¢ c ¢ Z Lu 0 cu o Cis "r a a .1 L I .. LJ 01 1X } G t L Ire Q. - E } C � L•i Q Lu Lai LJ 0 1 +-I ul 0 ¢. 1-13 C 1 Li ¢ _ Li tic z } LJ Cl— z a re }- ¢ W cli a z z } x z >i< z n v „ :K ; ¢ ¢ lr z } ♦y A Ir.. .+ Q ei� omlo.• N.I"nP- w� n mlc o. n I� °In n=.IP elrt olo n�'� 1I4r CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT AUGUST 1, 1984 TO AUGUST 31, 1984 EXPENSE LISTING PAYROLL DATED 08/08/84 CHECKS #31702-31792 53,239 .31 PAYROLL DATED 08/22/84 CHECKS #31793-31886 61,926.09 VOID CK#19996 CK. REG. DATED 07/31/84 (45.00) VOID CK#20450 CK. REG. DATED 05/18/84 (165.00) VOID CK#20702 CK. REG. DATED 06/20/84 (28. 62) VOID CK#21045 CK. REG. DATED 07/31/84 (76.00) VOID CK#21321 CK. REG. DATED 08/10/84 (297 .00) VOID CK#21352 CK. REG. DATED 08/10/84 (25.00) VOID CK#21435 CK. REG. DATED 08/22/84 (180.00) VOID CK#21523 CK. REG. DATED 08/31/84 (14.00) TOTAL $114 ,334. 78 40 �,AEETA AG7NDA • M E M O R A N D U M TO: City Council FROM: City Manager SUBJECT: Claim Rejection - Del A. Robasciotti DATE: October 3, 1984 Mr. Robasciotti's claim alleges negligence by a City crew caused him to have a bicycle accident. Investigation by our claims adjustor indicates that the scene of his accident was a work site of the Atascadero Mutal Water Company. He was advised of this and our adjustor also contacted the Water Company to let them know. Our adjustor recommends rejection, and I concur. R.H. DOWELL, JR. Acting City Manager • , INl)OR rORA7ED JUlY Y.1979 � _ VERIFIED CLAIM Claim against the City of Atascadero, California, pursuant to the Government Code of the State of California. R E CE-: I V E D TO: City Clerk JUL 1 u 1984 City of Atascadero ATWXADERO -T�N FRK I . Oe Z A_ 140 4>C[07fi 014111 tyrAe 23 M2 Name of Claimant Address/City/State/Zip Telephone No. 2. I des i re notices to be sent to the fol l owi ng address: if IV. Q >N J 3. The date, place and other circumstances of the occurrence or transaction that give rise to this claim are as follows: / / 7el -P/ 1 x:00 1'./! .44.41' cPr p �' Aezi c-t��eA,to /�ti2 l Zy Aro P, 6� Date Time Location Describe circumstances: 1114y irtdrrT r1 �r'� �e•� a c��, vow ce.L, .d✓DIPc� l.v ✓"I ,�//�i� � ` S'1�P�t�f- -fid �ZI Y5 Oti��, Q.✓r? bAa.tGrJGfQ %s r4 t 4 l AeA n��r .��9 z f `y o�PP.O} l4YJ&CQr� A.1! ,IAIsi�r Slob, o� �� .eflt,;La '001f: l�_L'�-t° li 5��r��J�.5 -10e/ the , ✓� 4. General y descr1�e the injury, damage or loss incurred so far as it is known at this time: 'J =7= mac,,' Q ,� �. � P r e 3&, .4* ►',� .�� C Y �— r�/e fe tr r 1 --- o`rte -psr� t Pc/, 5. The name(s) of the public employee(s) causing the injury, damage or loss as now known is/are: „ J t7 O 6. The amount claimed as of the date of presentation of this claim is which includes $ S0O0—�_' gQ~jds the estimated amount of any prospective-Injury, damage or loss. ?(-.-07 yp¢ ,�tio .v -��✓�,�00 �rt�,jGr4ve5 7. The basis of computation of the claim is as follows: ,_ 41,1e -------------------------------------------------------------------------------------------- VERIFICATION State of California County of San Luis Obispo) ss I , the undersigned, say: I am the claimant (or the person presenting this claim on behalf of the claimant) in the above entitled action; I have read the foregoing claim and now the con- tents thereof; and that the same is true of my own knowledge, except as to the matters which are therein stated upon my information or belief, and as to those matters that I believe to be true. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on `7 — !t? `3 c( at_, C9 C4 ate City and State Signature /of C aimant or his authorized representative NDA iM_E M_O_RTA N_D_ U M^ TO: CITY MANAGER October 8, 1954 FROM: PLANNING DIRECTOR SUBJECT: LOT LINE ADJUSTMENT 8-84 LOCATION: 5290 Barrenda APPLICANT: Paul Baum REQUEST: To adjust the lot lines to allow an existing house and garage to be on the same lot On September 17, 1984 , the Planning Commission considered the above-referenced subject unanimously approving the Lot Line Adjustment request subject to the Findings and Conditions con- tained in the attached Staff Report. There was no discussion as the matter was considered as part of the Consent Calendar. No one appeared on the matter. i HENRY ENG RALPH DOWELL, JR. Planning D recto Acting City Manager HE:ph Attachment: Staff Report i STAFF REPORT Planning Commission - City of Atascadero Date: September 17, 1984 Item: A. 4 (Lot Line Adjustment 8-84) A. Location: 5290 Barrenda (Lots 19 and 20 of Block Q) B. Situation and Facts: 1. Request. . . . . . . . . . . . . . . . . . . . . . . . . .To adjust the lot lines to al- low an existing house and garage to be on the same lot Currently, the house and ga- rage are on separate lots. 2. Applicant. . . . . . . . . . . . . . . . . . . . . . . .Paul Brown 3. Engineer. . . . . . . . . . . . . . . . . . . . . . . . .John Kennaly 4. Site Area. . . . . . . . . . . . . . . . . . . . . .One Acre 5. Roads. . . . . . . . . . . . . . .. . . . . . . . . . . . .Rosario and Barrenda 6. Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Residential Single-Fam- ily - Moderate Density) 7. Existing Use. . . . . . . . . . . . . . . . . . . . .Residential Single Family 8. Adjacent Zoning and Use. . . . . . . . . .North: RSF-Y, S.F.R. South: RSF-Y, S.F.R. East: RSF-Y, S.F.R. West: RSF-Y, S.F.R. 9. General Plan Designation. . . . . . . . .Moderate Density Single Family 10. Terrain. . . . . . . . . . . . . . . . . . . . . . . . . .Steep slopes behind house, drop- ping off sharply to Rosario. 11. Environment. . . . . . . . . . . . . . . . . . . . . .Categorically Exempt C. Analysis: Lots 19 and 20 of Block Q each have frontages on Rosario and Bar- renda with the current lot line running perpendicular to these two streets. The applicant proposes to rotate the common property line 90 degrees resulting in a lot line parallel to the street. This would allow the applicant' s house and garage to be on the same lot without changing the net areas of the lots. This will also correct the current nonconforming situation. • • STAFF REPORT - Lot Line Adjustment 8-84 September 17, 1984 Staff' s main concern was not to create an unbuildable lot along Rosario due to the 25% slopes of the lot. It appears to be de- velopable, but Precise Plan approval is required for grading on slopes greater than 200. This lot is outside the sewer district and septic systems on slopes greater than 20% must be designed by and engineer. D. Recommendation: Based upon the Findings below and the Conditions of Exhibit A, Staff recommends approval of LLA 8-84. E. Findings: 1. This project is exempt from the provisions of the California Environmental Quality Act. 2. The Lot Line Adjustment conforms to all applicable subdivision and zoning ordinances and is consistent with the General Plan. DD:ph Attachments: (1) Exhibit "A" (Conditions of Approval) (2) Exhibit "B" (Lot Line Adjustment) (3) Exhibit "C" (Zoning Map) -2- ! i EXHIBIT A Lot Line Adjustment 8-84 Conditions of Approval 1. The Lot Line Adjustment, as shown on the map (Exhibit B) shall be submitted in Final Map form to be approved by the Planning Department prior to recordation by the County Recorder' s Office. 2. The proposed lot line shall be surveyed and monuments set on new property corners prior to recordation of the Final Map. 3. The location of all improvements and easements shall be delineated on the Final Map. 4. The approval of this Lot Line Adjustment shall expire in two (2) years from the date of final approval unless a time extension has been granted pursuant to a written request prior to the expiration date. .�' [17Y Felt/f;f! AMOSAVA9 Ai leA.Ve � I PINN v v w - • w Z � v a A Pispvey/w/ix v y, ° A/�6Vt/E h C :k°og a��° a� < a�� ar ray 3 Ana d� ago: o a a vyrm Jz 0 t� co m Z b .I r lk.s7'raj: +'�s 5 t 'M `y%, 'd \ =s,s . 13 j , 9�5`% �, � � -;:'� * b l�' Q" 1-lri5�,•s'�""'"r.'"r`n' ti d lV11FO 3,;��`�� f�'" 'a -.�`�� ::.rea�ss�`A b•, ' � �F,(�f,�(• `�.. D`��`oar- r ,°,� :«�op2r !,1 "� �Y r .11 d Cl.`' � .�,,.c..:,e•.`crC9t ,Y Y' ,;A!r `.' .yf3� qy J � . Ile �' � _ .� . is 'It � ,w �.F �p'MY Q � ``p-'tom• ''+�i, O� �� .. �,� iD 0• w „ . rmNtB`"t �_ �� ja o §d 2�it i �4 ;o°°`,• '"�r' `'s.. �noJ�1"4' 9 0 ro f 4�if --t'; �,+ ��► _," r/ ,,� ��f �-1'`n S9�,K. c�. �,a�.vl _ �. �r.� ,�w�y� y y`c-.. '!i'yf•. j,��p �5 �\ q.�t"`J1_ri�1{� � fs, /5;�� i�`�•�� r. � a0 `�a`""` '' ^' j of>'`��r� s; N•� •.�1�+�, SCA - / -; � � . w <t,SS ol w,��y `� +� •"�_ a sii '�'"` 1�" ,,��``�`"_SY � A��r`d�10 V -;57 AP 117 � �' � - _^ 1.T�-�'.P d �• ^�.!.,_ ,11� ,7. 4�c i..- ,9 -t �'+ .A t� 'vi,F 'r GD- 10 tra S24 '.+s-"�` r•`4?1 (t/.tra _N:" X9 totA ,•. !�5=p�,.534,5� 41vtN'� ��+ d1 `T'. �S �''t•S�r �`� gb°Ihgp{�s`�!�}'�''"t.3 N ,A. _j `r.,�_j 4-"71 y Q. D� _ �. {�.7 is U` .� . Flo L4, O v+ ! ""t .vi ro - S kbac'► �°�' 'p -r a ✓ 14rp/ �yJ� - �N z p` p; jrd^°: � t �x jf 7.�-��•y,_•• � �v N% + :.�•, -.}N tJ ill-7 Q ��,� : y f 5'3a �r42 0►-61� ' w" � !N rVj �,Q�► O u s�Sa: 30, ► a�.. ��y y tip p t #r `�``' a' r m:o .�y S•rt'_'`'�i 4� °t�''' aFh' , TN ,. �V1 :r. M �/ { 1 '�� 1 pal ,b�• a A", t r• a. Via. ��95� •,,,,' ell. . ,ac• ,p 3 .tvl �ti f.-a ,�"'�'..�oj � �k i c 0,°tib ti rM�� ssoa<► �1,..:. „,„ �•-. -ill� �.'j� f e�^Y � 9 S�_ � V � to %. �.1��'e�-•v.. 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' Q' s;• sa / o0s�' •�+- ` s oe ,._-•, n ° �' „ ve�•.• Cyt. / , drily- �' �` '`!o�`h"•os3I.Zr ._',,`y�+ 8°'�<vY •sem: # 'tt}....�` xy~%;7e E - •tr - .,.:a•- �.., i'ltY r.... t V• '•7x�C dotes' r�nr`;'y`1�i o vv. r }�onS, O po- wN v +. p �( /¢ OV Ol `Y.f1 <i'L( iy /#�♦/�_r��_ t kms i crf �.,mac' � �i� ,t j� • r Oi A sit V ..� `\"T_• •/'� LLA G- MAP 5290 BA R REN.-DA• •; � +�' �� .� ,� � ��; • ASE A r AGENDA • _M E M_O_R A_N_D U M_ TO: CITY MANAGER October 8, 1984 FROM: PLANNING DIRECTOR SUBJECT: LOT LINE ADJUSTMENT 11-84 LOCATION: 4522 San Jacinto Avenue APPLICANT: Jon Langford REQUEST: To adjust the lot lines to enable a residence and garage to be on the same lot. On September 17, 1984, the Planning Commission considered the above-referenced subject unanimously approving the Lot Line Adjustment request subject to the Findings and Conditions con- tained in the attached Staff Report. There was no discussion as the matter was considered as part of the Consent Calendar. No one appeared on the matter. HENRY ENGE RALPH DOWELL, JR.. Planning Director Acting City Manager HE:ph Attachment: Staff Report • STAFF REPORT Planning Commission - City of Atascadero Date: September 17, 1984 Item: A.5 (Lot Line Adjustment 11-84) A. Location: 4522/4526 San Jacinto (Lots 42 and 43, Block Z) B. Situation and Facts: 1. Request. . . . . . . . . . . . . . . . . . . . . . . .To, adjust the lot lines to en- able a residence and garage to be on the same lot. 2. Applicant. . . . . . . . . . . . . . . . . . . . . .Jon M. Langford 3. Site Area. . . . . . . . . . . . . . . . . . . . ,(. 22 acres) 4. Zoning. . . . . . . . . . . . . . . . . . . . . . . . .LSF-X (Limited Single-Family High Density) 5. Adjacent Zoning and Use. . . . . . . .North: LSF-X, Residence East: RSF-Y, Residence South: LSF-X, Residence West: LSF-X, Residence 6. General Plan Designation. . . . . . .Single Family Residential 7. Terrain. . . . . . . . . . . . . . . . . . . . . . . .Gently sloping 8. Environmental Status. . . . . . . . . . .Categorically Exempt C. Analysis: Staff notes that the distance between the existing garage and residence does not allow for normal side setbacks. The proposed lot line adjustment would correct the current non-conforming sutuation by enabling the residence and garage to be on the same lot. D. Recommendation: Based upon the Findings below and the Conditions of Exhibit "A" , Staff recommends approval of LLA 11-84. E. Findings: 1. This adjustment of lot lines will not result in the creation of any new parcels and is Categorically Exempt from the pro- visions of the California Environmental Quality Act. (Section 15305) 2. The Lot Line Adjustment conforms to all applicable subdivision , ordinances and is consistent with the General Plan. EXHIBIT A" Lot Line Adjustment 11-84 - Langford/Steele Conditions of Approval 1. The Lot Line Adjustment, as shown on the Map (Exhibit "B") , shall be submitted in Final Map form to be approved by the Plan- ning Department prior to recordation by the County Recorder's Office. 2. The proposed lot line shall be surveyed and monuments set on new property corners prior to recordation of the Final Map. 3. The location of all improvements and easements shall be delin- eated on the Final Map. 4. The approval of this Lot Line Adjustment shall expire in two (2) years from the date of final approval unless a time extension has been granted pursuant to a written request prior to the ex- piration date. DD:ph Attachments: (1) Exhibit "A" (Conditions of Approval) (2) Exhibit "B" (Lot Line Adjustment) (3) Exhibit "C" (Zoning Map) ! • ED i\ I� 30.0 I� .tea I`I� Z- OT43 t � 1 DT 2 / 1 93.02 � I b;�/ST/,U C> !,D%ZMJR J % 1 i . j . r t FXH B IT 8 LLA 10 -84 -1522 - ys2 (o 550.18 5AN JAC I N 1'O 64 / Aitt 0� 1 •fid r 74 00, - 'S _ �� •p��'Y'�,{'�f�"' fy'`�.'I�•,k,P�.�\OC"�{q�^ :.may ��"\. / �V4 NY r, .^� >�S _� fir:�,��i 1��. e[1� � :,-: •4�� '�.. r'...9r'�!�,.�e41a.;., eh � ` n�'�: .. • � ys i� {. c ..�rti�f.. P�f�� <9's .-�,, 'Jf Jx'1.,pk �ir��'' �4(' ml yS%aa•, +s+r ,�"• s. /✓ "iS�G�2.. 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'S_ ;i "�'T •.eiLr,4 _a '\ A >�t �� I dt8 __. :ri49S 'i Fs,�� s�. -` M T,N0v AGI NDA • t)AT1'_ ITEM # • M_E M_O^R A_N_D_U M_ TO: CITY MANAGER October 8 , 1984 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT MAP 21-84 APPLICANT: Chester Simons LOCATION: 5030 Olmeda Avenue REQUEST: To create four (4) airspace condominium lots and one '(1) common lot in the RMF/10 zone On September 17, 1984, the Planning Commission conducted a public hearing on the above-referenced application and unanimously ap- proved the land division request subject to the findings and conditions contained in the attached staff report. No one appeared on this matter. C L• '=2 Cv HENRY ENGEN RALPH DOWELL, JR. Planning Director Acting City Manager HE:ph Attachment: Staff Report • Staff Report • Planning Commission - City of Atascadero Date: September 17, 1984 Item: B.3 (Tentative Tract Map 21-84) Notice of public hearing was pub- Public Hearing Case TTM-21-84 : lished in the Atascadero News on Public hearing to divide subject September 7, 1984, and all owners parcel into four (4) airspace of record property, located within condominium lots, and one (1) 300 feet, were notified by United common lot. States mail on that same date. A. Location: 5030 Olmeda Avenue (Lot 34, Block QA) B. Situation and Facts: 1. Request. . . . . . . . . . . . . . . . . . . . . . . .To create four (4) airspace con- dominium lots and one (1) common lot in the RMF/10 zone. 2. Owner. . . . . . .. . . . . . . . . . . . . . . . . . .Chester Simons 3. Engineer. . . . . . . . . . . . . . . . .. . . . . .Associated Professions 4. Site Area. . . . . . . . . . . . . . . . . . . . . .one-half acre 5. Streets. . . . . . . . . . . . . . . . . . . . . . . .Olmeda is a local street with a 40 foot right-of-way 6. Zoning. . . . . . . . . . . . . . . . . . . . . . . . .RMF/10 (Residential Multiple Family, 10 dwelling units per acre) . 7. Existing Use. . . . . . . . . . . . . . . . . . .Apartment building (4 units) 8. Adjacent Zoning and Use. . . . . . . .North: RSF-Y, Residential East: RSF-Y, Residential South: RMF/10, Apartments West: RMF/10, Apartments 9. General Plan Designation. . . . . . .Low Density Multiple Family Residential 10. Terrain. . . . . . . . .. . . . . . . . . . . . . . .Slopes greatly from the road, leveling off throughout the rest of the site. 11. Environmental Status. . . . . . . . . . .Categorically Exempt, but previously reviewed under Precise Plan 1-83. STAFF REPORT - Tentative Tract Map 21-84 C. Site and Development Data: 1. Site Area. . . . . . . . . . . . . . . . . . . . . . 0.5 acre 2. Required minimum lot. . . . . . . . . . . 0.5 acre 3. Number of dwellings proposed. . .4 4. Density. . . . . . . . . . . . . . . . . . . . . . . .Permitted: 10 dwelling units per acre Proposed: 4 dwelling units per one-half acre. Par- cel could possibly contain 5 units. 5. Shupe. . . . . . . . . . . . . . . .. . . . . . . . . .The existing lot is roughly square- shaped with a 100 foot frontage and a depth of 183 feet. D. Analysis: This project was reviewed by Staff and subsequently received Pre- cise Plan approval for two duplex units. The four (4) apartment units occupy five lots on Olmeda. The applicant now desires to change the project from four (4) apartment units to four (4) can-0 dominium units. This will allow individual ownership of a dwell- ing unit and common ownership of the parking and open space areas. Staff notes that the applicant has notified all tenants of the proposed condominiums in accordance with the Subdivision Map Act. Since the project has already been reviewed and approved under the Precise Plan approval process, this change from apartments to condominiums would appear to be of little consequence. E. Recommendation: Staff recommends approval of Tentative Tract Map 21-84 based on the Findings that follow and the Conditions contained in Exhibit "A" . F. Findings: 1. The application, as submitted, conforms to all applicable zoning and subdivision regulations and is consistent with the General Plan. 2. The application, as submitted, is exempt from the provisions of the California Environmental Quality Act. DD:ph 0 Attachments: (1) Exhibit "A" (Conditions of Approval) (2) Exhibit "B" (Tract Map) (3) Exhibit "C" (Zoning Map) -2- EXHIBIT "A" Tentative Tract Map 21-84 - Associated Professions/Simons Conditions of Approval 1. The applicant shall establish Covenants, Conditions, and Re- strictions (CC&R' s) for the regulation of land use, control of nuisances and architectural control of all buildings. A. These CC&R' s shall be submitted for review and approval by the City Attorney and Planning Department prior to approval of the Final Map. B. These CC&R' s. shall be administered by a Condominium Homeowners Association. 2. All conditions of approval herein specified are to be complied with prior to the filing of the Final Map. 3. 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 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. 4. Approval of this Tentative Tract Map shall expire two years from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. Zn �� c5 ryc Zt) Q NQ �� Gy X ay \ � .. •s � s - -a � ;tea• the � n ^� - �� m s 30 / 0 Pio C11 lb NO l � , a J".•�� o k l O,A ZdNING MAP 400 FXH1131T C A� 34c) T.T. M 2 - gy 5030 OLM8DA 0 J A05 cf' o 49 f c" }o of _ S� .►�1 RMF/10 ND r� ,•z 4 sra .r 305 15 DAA, t,r?,tit 1 `' h'' a\ 5 X'•a a U 14 01D iooil $ �0 °' / Mkt.4 t�rC 3 ,p h +�ori / yq p o r 6;,t° L7 Nom. in \ �' hk N 1 h ` p ve0/ / 1°° h �t7 19 �o \ �' y�'ice;l.c 2r'b i. Soo h0. s r s 16 6 pn r,N �h? .x.0J �`� /^rt,• �/��. 14 All, � �' ',. ,, 7 �'• ...�y "-.. q � •,,....�., <, ,yam , � �-� 24 >" kill i J26 / 00 v/ v vt ; 10 9 cn 2Tn1 Pea 1 C9 - IS -t o 2�o 30 �5 17 12 u ^; �H 5(90 8 \ t 1 p° 13 N 6�n 5 v,fj 14 7 I 4" R 31 13 4 5 � L3iP3s 15 w 04L. B , 53 T g Z n, 90 1 e ry0 Cy 1 p� ME J AGTNDA • a rzM# -~ • M E M O R A N D U M TO: Acting City Manager FROM: Public Works Director SUBJECT: Bid No. 84-11 - Softball Field Lighting Fixtures DATE: September 25, 1984 The following bids were received on the subject purchase contract: 1) Amfac Electric $11,713 2) Electric Supply of Paso Robles 13,992 3) Moore Recreation 14,880 4) Tri-Valley Electric Supply 18,020 • 5) Consolidated Electric 18,550 It is recommended Council accept the low bid of $11,713, submitted by Amfac Electric, 901 S. Blosser Road, Santa Maria, Ca. 93456. The contract provides for delivery of 48 softball field lighting fixtures with complete mounting assemblies and hardware. An evaluation of the proposed fixtures to be supplied by the low bidder was made by the park design consultants and their` electrical engineer, with the finding that the submittal met all the requirements of the specifications. l LAWRENCE McPHERSON LM:vh • ' ONG n AGENDA bAft R EM M E M O R A N D U M TO: Acting City Manager --ra FROM: Public Works Director SUBJECT: Bid No. 84-12 - Roller DATE: September 25, 1984 It is recommended Council award the purchase contract for Bid No. 84-12 - Roller and Trailer to Ryan Equipment, 2770 Santa Maria Way, Santa Maria, CA 93456, inthe amount of $25,945.07. The bids have been evaluated and the equipment specified by the low bidder meets all specifications. Funds for this purchase were authorized in the F.Y. 1984-85 • Budget. LA14RENCE McPHERSON LM:vh • ri o r• �j n o Eil G w qcv w tD w () 3o rD N '0 El CL rt rtrtCD CL :J O id w � � w 0 rsi CD z rt w O rt m dQ .o ►-•- C2 O m � w . En v �, o rn rr m -- - a rt w 03 ca w a 0) : �' o a w °' G a � (Da� E b w c rt b w 4-1 tD 0N r ro n rt I�n rt t-n rt In c In rt to CD -00 rtrt rt rt rt rt 0 rt 0 rt O rt o rt o n N rt tt :z " o N :� Pi ;j to F4 wC N• C N. 0 P3 00- F- 0 rw w r-t O FA- rt rt rt rt rt Q ( 0 0 0 0 � M ti tt rt m o rt rD o 0 0 0 o a n to m m C m .-, n C7 t= Z C) �!�t C $ ry M 'Q1 H d ` r'h =s 1 ••1 ®+ r-t CD --i {n {n to yr to -Cf). to O U N N W N W N N r-t S In In O I'D W ON In Q W O On O uj O �J Ln 110 41 A W F. tD A N Ur � rt n O rt N W f In In O 00 00 O 00 CD rt O n F. Q � a o CD CD _ o n tv n w �- O < CD w S �bG AGENDA 1 • M E M O R A N D U M TO: Acting City Manager FROM: Public Works Director SUBJECT: Bid No. 84-15 - San Fernando Road DATE: September 26, 1984 On September 4, 1984, I recommended Council reject the bids on this project and review the scope of work, with the idea of reducing the overall cost. Council took no action on the recommendation and requested staff reconsider other alternatives. The bid proposal was split into two items; drainage structures and earthwork. Upon a review of the low bid, it was determined that the earthwork portion of the proposal, at $16,380.00, appeared a reasonable bid, while the drainage structure installation at $8,990.00 was excessive. It is therefore recommended that Item I - Earthwork of the bid be accepted. With approval of this recommendation, the contract for rough grading of San Fernando Road would be awarded to Bow Valley and Sharkey's Excavation, in the amount of $16,380. A separate contract will be awarded for placing the necessary drainage structures in coordination with the earthwork. These projects are in conjunction with the improvement of San Fernando Road by means of a Maintenance Assessment District. Property assessments have already been posted with the County Tax Collector in order to pay for this work. ''LAWRENCE McPHERSON LM:vh cc: City Attorney ITEM M E M O R A N D U M TO: Acting City Manager FROM: Public Works Director SUBJECT: Bid No. 84-17 - Storm Drains DATE: September 17, 1984 It is recommended that Council award the contract for the storm drain construction to Rick Elisarraras, P.O. Box 112, Atascadero, the low bidder for the subject contract. Funds for this project are available in the F.Y. 1984/85 budget under account no. 01-41-3197. The attached spread sheet shown the results of the bids received. • LAWRENCE McPHERSON LM:vh att. • b cn y d �C �-d 7d Cn O w C "0 i--• O(D O Ox CD C1 rx DX � X Q O cn Q ( (D r• CD O W 5 O H r., O I•-+ w CV 00 (D N =r' W N (D --j (D N K "d H. > V1 9 O 0 w rj UQ W W 00 N N � W W (D (D C7 K En CD O r rt M t CZ C1 ri n �—'• � Q1 w rt r 0 O rt (D rt ri N (D n 10 0 (D ;:S �( [n --p rt C rt U] r• Ld C•) CL 0 d CD C 71:z Q ,L7 i rl c` rt N /rt V 1 .1 rt T 00 W W rt S Q C/) 00 N �C3 �--+ rt � O ON X, O D O V N ri CCD O 00 O ►-• C7 C) ri CD w r• cn f� CD II ADCD O � —i� CD -I • MEET* f AG-NDA (� DATE • M_E M_O_R A_N_D_U_M_ Date: October 8, 1984 To: City Council . From: R. H. Dowell, Jr. , Acting City Manager Subject: Dial-A-Ride Service Contract I have reviewed the Dial-A-Ride service contract and concur with the recommendations of the Public Works Director. I request you include the authority for the Acting City Manager to execute the service contract with Community Transit Services , Inc. , , as part of the motion of approval. • R. H. DOWELL, JR. Acting City Manager M E M O R A N D U M TO: Acting City Manager FROM: Public Works Director SUBJECT: Dial-A-Ride Service Contract DATE: October 3, 1984 Recommendation: It is recommended that Council authorize the Acting City Manager to execute the attached service contract with Community Transit Services, Inc. , of Santa Ana for providing labor, in- surance and management services in conjunction with the operation of the City' s Dial-A-Ride bus system. The maximum cost of this contract is not to exceed $135,390 .00 for fiscal year 1984/85. Background: We are now entering the fifth year of operation of the Dial - A-Ride service contract by Community Transit Services. The company continues to provide a high level of service and evaluation of the rates have determined their reasonableness. The contract is again based on both fixed and variable fees. Fixed charges are $1,570. 00 per week to cover: Operator 's non- revenue wages, management and controller wages; overhead costs; uniforms; vehicle insurance; physicals; office supplies; manage- ment fees; and other fixed costs. Variable charges are $7 .455 per vehicle service hour and cover the costs to operate the vehicle, essentially, the cost of the driver , fringe benefits, and other variable overhead costs. The contract agreement also includes a Scope of Work State- ment and a Cost Summary sheet. LAWRENCE MCPHERSON LM:vh cc: City Attorney • • COMMUNITY TRANSIT SERVICES, INC. Im 1450 E. 17th Street Santa Ana, California 92701 (714)542-1740 June 5, 1984 File: C:CA-Atascadero RJW-06054-OT:10/18-FC Mr. Larry McPhearson CITY OF ATASCADERO Post Office Box 747 6501 Palma Ave. Atascadero, CA 93422 Dear Larry: Pursuant to your conversation with Marianne Link, enclosed are two single- sided copies of our Agreement for fiscal year 1984/85. If you have any questions, please let us know. Sin e , 0 Rober Wilson Cont ct Administrator RJW/dhc Enclosure xc: M. Link COMMUNITY TRANSIT SERVICES, INC. 1450 E. 17th Street Santa Ana, California 92701 (714)542-1740 May 30, 1984 File: C:CA-Atascadero MLL-05254-OT:10/18-FC Mr. Larry McPhearson CITY OF ATASCADERO Post Office Box 747 6501 Palma Ave. Atascadero, CA 93422 Dear Larry: Pursuant to our conversation, enclosed please find the proposed 1984/85 contract and budget. We are pleased to be able to hold our costs to a 3 percent increase. You will note the increases are in two areas, 1) labor, 2) vehicle insurance. The labor increases reflect a small increase for employees which is in line with the wage scale established for your system. I understand that Council will not be able to approve the budget this year until August or September. We would greatly appreciate it if you u n from Jul 1 1984 would send us a letter of intent so that we may operate y , until the date of formal approval and adoption. If you have any questions, please do not hesitate to call me at (415) 283-0980. Sincerely, r Marianne L. Link Executive Vice President MLL/pw Enclosure xc: Robert Wilson 1 ' 2 3 AGREEMENT 4 THIS AGREEMENT is made this day of June, 1984, by and between the 5 CITY OF ATASCADERO, hereinafter referred to as "City" and COMMUNITY TRANSIT 6 SERVICES, INC., hereinafter referred to as "M&0." 7 WITNESSETH: 8 WHEREAS, M&O has the management and technical personnel, expertise, and 9 other assets useful for the support of City's transportation project; and 10 WHEREAS, City is desirous of obtaining such services for said project; and 11 WHEREAS, M&O is desirous of providing such services; 12 NOW THEREFORE, in consideration of the foregoing recital and covenants 13 and agreements of each of the parties herein set forth, the parties hereto do 14 agree as follows: 15 1. Purpose: City hereby contracts with M&O to provide transportation 16 management and operations services upon the terms and conditions hereinafter 17 set forth. 18 2. Scope of Work: M&O will provide the services to be rendered as set 19 forth in Exhibit "A" (Scope of Work), attached hereto and by reference incor- 20 porated herein and made a part hereof. 21 3. Time Period: M&O shall commence service operations of City's trans- 22 portation project on July 1, 1984, and continue operations through June 23 30, 1985, within the budget defined under the heading "Maximum Obligation." 24 4. Maximum Obligation: City agrees to pay M&O in consideration for its 25 services as described herein. The maximum price to be paid by City to M&O 26 shall not exceed One Hundred Thirty Five Thousand, Three Hundred Ninety Dollars 27 ($135,390.00). 10/4 -1- 1 5. Price Formula: City agrees to pay M&O for performance of the 2 services set forth in this Agreement as follows::. 3 (a) Payment of a fixed hourly rate of $7.455 per vehicle service 4 hour. Vehicle service hours will be computed by using the time each vehicle 5 leaves the garage for its first pickup point each day and until such time as 6 each vehicle returns to the garage at the end of each operational day ex- 7 cluding time for driver lunch breaks. 8 The hour rate shall include, but not be limited to, the fol- 9 lowing: vehicle operators' revenue wages; fringe benefits; and overhead costs. 10 (b) Payment of a fixed weekly rate of $1,570.00 per service week. 11 The weekly .rate shall include, but not be limited to, the follow- 12 ing fixed costs: vehicle operators' non-revenue wages; managements' and 13 controllers' wages; fringe benefits; overhead costs; uniforms; vehicle in- 14 surance; physicals; dispatch office supplies; and management fees. 15 (c) City shall provide dispatch office facilities, garage and park- 16 ing facilities; maps and charts; fuel, radio and vehicle maintenance and 17 parts; repairs due to accidents; these are not included in the fixed weekly 18 rate. 19 6. Invoices: M&O shall submit the invoices to City as follows: 20 (a) Hourly costs shall be directly traceable by dispatcher and/or 21 driver trip sheets and employee time cards, which will be available'for review 22 by City. Hourly costs shall be submitted weekly. 23 (b) The fixed weekly rate shall be directly traceable by employee 24 time cards, which will be available for review by City, and submitted monthly. 25 (c) Other charges not covered in the hourly or fixed rate invoice, 26 shall be billed monthly with charges directly traceable to receipts, bills, 27 etc. , copies of which shall be attached to the invoice. Each monthly billing -2- 1 will include a certification that all amounts billed are in accordance with 2 this Agreement. 3 7. Payment: All payments by City shall be made in arrears, after the 4 service has been provided. Payment shall be made by City no more than thirty 5 (30) days from City's receipt of invoice. City shall normally pay by voucher 6 or check within ten (10) working days after each meeting at which payments can 7 be authorized, provided that City receives the invoice at least three (3) 8 working days prior to the City's meeting date. If City disputes any items on 9 an invoice for a reasonable cause, City may deduct that disputed item from the 10 payment, but shall not delay payment for the undisputed portions. The amounts 11 and reasons for such deletions shall be documented to M&O within fifteen (15) 12 working days after receipt of invoice by City. City shall assign a sequential 13 reference number to each deletion. Payments shall be by voucher or check 14 payable to and mailed first class to: 15 Accounts Receivable COMMUNITY TRANSIT SERVICES, INC. 16 1450 E. 17th Street Santa Ana, California 92701 17 18 8. Operating Revenues: All operating revenues collected by` M&O are the 19 property of City. Operating revenues include all fares, sales of tickets and 20 passes, advertising sales, and rental of equipment. They shall be counted and 21 kept separately under appropriate security. Once a week or more frequently 22 they shall be deposited by M&O at a banking institution as directed by City. 23 Reports on the revenues collected and deposited shall be provided to City. 24 9. Charter Services: Charter services will be provided by M&O upon 25 request by City's authorized employees. Charter services outside normal 26 operating hours and charter services within but in addition to normal opera- 27 tion shall be considered extra services. The costs will be determined on an -3- 0 1 individual-trip basis at incurred costs plus a fifteen percent (15%) fee and 2 billed separately from this Agreement, and shall be treated as a change to 3 this Agreement as defined under "Changes," and shall be in excess of the maxi- 4 mum price defined in the "Maximum Obligation." 5 10. Control: 6 (a) All services to be rendered by M&O under this Agreement shall 7 be subject to the control of City. M&O shall advise City of matters of 8 importance and make recommendations when appropriate; however, final authority 9 shall rest with City. 10 (b) City shall not interfere with the management of M&0's normal 11 internal business affairsand shall not attempt to directly discipline or 12 terminate M&O employees. City may advise M&O of any employee's inadequate 13 performance which has a negative effect on the service being provided, and M&O 14 shall take prompt action to remedy the situation. In extreme cases, City may 15 demand removal of an M&O employee. 16 11. Management: During the term of this Agreement, M&O shall provide 17 sufficient executive and administrative personnel as shall be necessary and 18 required to perform its duties and obligations under the terms hereof. 19 12. Medical Assistance to Passengers: M&0's employees shall not be 20 required to perform any medical or quasi-medical functions for passengers. In 21 the event of illness on board a vehicle, the driver shall advise the dispatcher 22 by radio and may proceed immediately to a medical facility for help. 23 13. Uniforms: M&O shall purchase uniforms for employees and shall 24 require the employees to wear them. The design, type, and logo of the uniforms 25 shall be subject to City's approval. 26 14. Changes: In the event City orders changes from the list of work 27 shown in Exhibit "A" (Scope of Work) or for other causes orders additional M&O -4- 0 1 work not contemplated hereunder, additional compensation shall be allowed for 2 such extra work according to the method defined ,under the heading "Price 3 Formula." City shall promptly notify M&O in writing by change order of all 4 changes in scope. Change order shall specify a cost limit or shall be subject 5 to subsequent negotiation. 6 15. Renewals: This Agreement may be renewed for subsequent budget 7 periods upon the mutual agreement of both parties. The parties shall meet 8 prior to two (2) months before the expiration date of the budget in this 9 Agreement to develop a budget for the subsequent period. 10 16. Qualification for Future Contracts: As a result of having entered 11 into this.Agreement, M&0 shall not be inhibited, penalized, or disqualified 12 from bidding subsequent transportation management and operation programs under 13 the jurisdiction of City. 14 17. Succession: This Agreement shall be binding on and inure to the 15 benefit of the heirs, executors, administrators, and assigns of the parties 16 hereto. 17 18. Disputes: 18 (a) Any controversy or claim arising out of or relating to the 19 provisions of this Agreement, or the breach thereof, shall be settled by 20 arbitration at the election of either party in accordance with the Rules of 21 the American Aribitration Association at San Luis Obispo and judgment upon 22 the award rendered by the abritrators may be entered in any court having 23 jurisdiction thereof. 24 (b) The Federal Procurement Regulations shall be used where applic- 25 able to define, resolve, and settle procurement issues. 26 19. Stop Work: City may stop work on City's transportation system upon 27 forty-eight (48) hours written notice to M&0. City shall be liable for all -5- 1 relevant costs incurred prior to the stop-work period and for restart, if 2 any. City shall be obligated for the costs including severance for personnel 3 assigned to City's transportation system for a period not to exceed four (4) 4 weeks after the stop work goes into effect. M&0 shall make all reasonable 5 efforts to minimize costs to City. 6 20. Termination: 7 (a) City may terminate the Agreement upon ninety (90) days ' written 8 notice to M&0 and shall be liable for costs and a prorate of the fee as spe- 9 cified under the heading "Price Formula" accrued to date of termination and 10 for all other termination costs. In the event the Agreement is terminated, 11 all pertinent data prepared for the project shall be made available to City 12 without additional cost. 13 (b) In the event City is delinquent in paying M&0 by more than 14 fifteen (15) calendar days and has received a statement by certified mail of 15 the delinquency from M&0, then M&0 may serve, by certified mail, a notice of 16 its intent to suspend operations at least seven (7) calendar days subsequent 17 to the receipt of notice by City. If City does not correct the delinquency or 18 if the parties do not agree to arbitrate the dispute under the provisions of 19 this Agreement, then M&0 may suspend operations without further notice or 20 penalty on the date indicated by the notice. 21 21. Communications: All notices hereunder and communications with 22 respect to this Agreement shall be effective upon the mailing thereof by 23 registered or certified mail, return receipt requested, and postage prepaid 24 to the persons named below: 25 26 27 � -6- 1 If to M&0: Contract Administrator COMMUNITY TRANSIT SERVICES, INC. 2 1450 E. 17th Street Santa Ana, California 92701 3 With copy to: Executive Vice President, North 4 COMMUNITY TRANSIT SERVICES, INC. 1450 E. 17th Street 5 Santa Ana, California 92701 6 If to City: City Manager CITY OF ATASCADERO 7 Post Office Box 747 6501 Palma Avenue 8 Atascadero, CA 93422 9 22. Information and Documents: All information, data, reports, records, 10 maps, survey results as are existing, available, and necessary for carrying 11 out the work as outlined in Exhibit "A" hereof, shall be furnished to M&O 12 without charge by City, and City shall cooperate in every way possible in the 13 carrying out of the work without undue delay. 14 23. Proprietary Rights: All inventions, improvements, discoveries, 15 proprietary rights, patents, and copyright made by M&O under this Agreement 16 shall be made available to City with no royalties, charges, or other costs, 17 but shall be owned by M&0. All manuals prepared by M&O under this Agreement 18 shall be made available to City at no charge but shall be owned by M&O and 19 shall not be copied, disclosed, or released by City or City's representative 20 or participating organization without prior written consent of M&0. Reports 21 are excluded from this provision, and shall be owned by City. M&0, however, 22 shall have the right to print and issue copies of these reports. M&O may make 23 presentations and releases relating to the project. Papers and other formal 24 publications shall be approved, by City before they are released. 25 26 27 -7- 1 24. Force Majeure: 2 (a) M&0 shall not be responsible for losses delays, failure 3 to perform, or excess costs caused by events beyond the control of M&0. Such 4 events may include, but are not restricted to, the following: Acts of God; 5 fire, epidemics, earthquake, flood, or other natural disaster; acts of the 6 government; riots, strikes, war, or civil disorder; unavailability of fuel. 7 (b) The Agreement shall be subject to immediate renegotiation for 8 an equivalent price increase and/or reduction in scope in the event that the 9 inflation rate, as measured by the cost of living index, exceeds a rate of 10 ten percent (10%) per year. 11 25. Shortages and :Delays: In the event that City fails to provide or 12 delays providing items as herein provided, in the number and size required, 13 then M&0 shall not be responsible for any delays or resulting decline in the 14 quality of service. 15 26. Emergency Procedures: In the event of a major emergency such as 16 an earthquake, dam failure, or man-made catastrophe, M&0 shall make transpor- 17 tation and communication resources available to the degree possible for 18 emergency assistance. If the normal line of direct authority from City is 19 intact, M&0 shall follow instruction of City. If the normal line of direct 20 authority is broken, and for the period while it is broken, M&0 shall make 21 best use of transportation resources following to the degree possible the 22 direction of an organization such as the police, Red Cross, or National 23 Guard, which appears to have assumed responsibility. Emergency uses of 24 transportation may include evacuation, transportation of injured, and move- 25 ment of people to food and shelter. M&0 shall be reimbursed in accordance 26 with the normal "Price Formula" and "Payment" or, if the normal method does 27 not cover the types of emergency services involved, then on the basis of -8- 1 fair, equitable, and prompt reimbursement of M&0's actual costs. Reimburse- 2 went for such major emergency services shall be over and above "Maximum 3 Obligation" of this contract. Immediately after the emergency condition 4 ceases, M&O shall reinstitute normal transportation services. 5 27. Audit: M&O shall permit the authorized representatives. of City, the 6 U.S. Department of Transportation, and the Comptroller General of the United 7 States to inspect and audit all data and records of the contractor relating to 8 performance under this Agreement. M&O operates on a four-four-five week 9 accounting cycle which is acceptable to City. 10 28. Transportation Data Reporting: M&O shall report transportation data 11 to City in accordance with Level C of the Uniform Financial Accounting and 12 Reporting Elements (FARE) as required under Section 15 of the Urban Mass 13 Transportation Act of 1964 as amended and the California Public Utilities 14 Code, Chapter 4, Section 99243. 15 29. Licenses: A license and a Certificate of Public Convenience and 16 Necessity to operate in accordance with this Agreement are hereby granted to 17 M&0. Any franchise or business license fees that City might ordinarily require 18 for operation in accordance with this Agreement are hereby expressly waived 19 by City. 20 30. Workers' Compensation: M&O certifies that it is aware of the 21 provisions of the Labor Code of the State of California which require every 22 employer to be insured against liability for Workers' Compensation or to 23 undertake self-insurance in accordance with the provisions of that Code, and 24 it certifies that it will comply with such provisions before commencing the 25 performance of the work of this Agreement. 26 27 -9- 1 1 31. General Liability Insurance: Throughout the term of this Agreement, 2 M&O shall procure and maintain a ComprehensiveGeneral Liability Policy pro- 3 viding Five Hundred Thousand Dollars ($500,000.00) combined single limit Bodily 4 Injury and Property Damage liability. Said policy shall not include coverage 5 for vehicle liability and/or vehicle physical damage insurance. Such vehicle 6 insurance shall be provided as specified in the section of this contract entitl d 7 "Vehicle Insurance." 8 M&O shall also procure and maintain an Umbrella Liability policy in 9 the amount of Ten Million Dollars ($10,000,000.00). 10 M&O shall name City as additional insured on said policies and shall 11 provide evidence of such insurance. Such policies shall provide that they may 12 not be cancelled without at least thirty (30) days written notice to City. 13 32. Vehicle Insurance: M&O shall provide City with vehicle liability 14 insurance in the amount of Five Hundred Thousand Dollars ($500,000.00) com- 15 bined single limit bodily injury and property damage liability. Coverage 16 will also include collision with a One Thousand Dollar ($1,000.00) deductible, 17 and comprehensive coverage with a Two Hundred Fifty Dollar ($250.00) deduc- 18 tible. Any deductible will be the responsibility of City. A separate 19 umbrella liability policy will provide vehicle liability coverage of an 20 additional Ten Million Dollars ($10,000,000.00). Any losses or damages not 21 covered by insurance shall be an obligation of City and not, under any 22 circumstances, of M&0. M&O shall name City as additional insured and shall 23 furnish City with evidence of insurance. Such policy or policies shall 24 provide that they may not be cancelled without at least thirty (30) days 25 written notice to City. 26 / 27 / -10- 1 33. Fidelity Bond: During the period of time this Agreement shall be 2 in effect, M&O shall cause its staff personnel to be covered under an appro- 3 priate bond protecting City from employee theft up to the amount of Twenty- 4 Five Thousand Dollars ($25,000) with respect to any one occurrence by M&O 5 employees. 6 34. Nondiscrimination: 7 (a) In connection with the execution of this Agreement, M&O shall not 8 discriminate against any employee or applicant for employment because of 9 age, race, religion, color, ,sex, or national origin. M&O shall take affirma- 10 tive actions to insure that applicants are employed, and that employees are 11 treated during their employment, without regard to their age, race, religion, 12 color, sex, or national origin. Such actions shall include, but not be 13 limited to, the following: employment, upgrading, demotions or transfer; 14 recruitment or recruitment advertising; layoff or termination; rate of pay 15 or other forms of compensation; and selection for training, including appren 16 ticeship. 17 (b) M&O shall also comply with the requirements of Title VI of the 18 Civil Rights Act of 1964 (P.L. 88-352) and with all applicable regulations, 19 statutes, laws, etc. , promulgated pursuant to the civil rights acts of the - 20 state and federal government now in existence or hereafter enacted. Further, 21 M&O shall also comply with the provisions of Section 1735 of the California 22 Labor Code. 23 35. Minority Business Enterprise: In connection with the performance 24 of this Agreement, M&O will cooperate with City in meeting City's commitments 25 and goals with regard to the maximum utilization of minority business enter- 26 prises and will use its best efforts to insure that minority business enter- 27 -11- 1 prises shall have the maximum practicable opportunity to compete for sub- 2 contract work under this Agreement. 3 36. Cross-Hiring of Employees, Officers, Members: 4 (a) During the term of this Agreement, M&O shall not hire any 5 supervisory employee of City, or former supervisory employee of City without 6 prior written approval of City. City shall not hire any employee or former 7 employee of M&O without prior approval of M&O. Only former employees who 8 have terminated their employment with one of the parties within a year prior 9 period shall be a "former employee" or a "former supervisory employee" as 10 referred to above. 11 (b) During the term of this Agreement, neither party shall hire 12 any present or former officer, shareholder, or member of the other party 13 without the express written approval of the other party. 14 (c) After the expiration or termination of this Agreement, City 15 or M&0's successor, shall be permitted to hire any M&O employee previously 16 employed on this program. At that time, in hiring an M&O employee or a 17 former M&O employee, City shall insure and require that employment process 18 fairly treat the ex-M&O employee as a member of the general public with no 19 discrimination, no waiver of job advertising, no consideration of M&O 20 employee's seniority, and no other privilege different from that accorded to 21 members of the general public. 22 37. Interest of Members of or Delegates to Congress: No member of or 23 delegate to the Congress of the United States shall be admitted to any share 24 or part of this Agreement or to any benefit arising therefrom. 25 38. Prohibited Interest: No member, officer, or employee of City 26 during his/her tenure or one year thereafter shall have any interest, direct 27 or indirect, in this Agreement or the proceeds thereof. -12- 1 39. Conflict of Transportation Interests: M&0 shall not divert any 2 revenues, passengers, or other business from � Y P an project to ro City's taxi or 3 other transportation operation of M&0. 4 40. Transfer of Title to Equipment: Equipment and supplies purchased 5 by M&O as a direct-charge item in connection with the performance of this 6 Agreement shall become the property of City upon payment of invoice for that 7 equipment and supplies submitted by M&0. 8 41. Headings: The headings or titles to sections of this Agreement are 9 not part of the Agreement and shall have no effect upon the construction or 10 interpretation of any part of this Agreement. 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be 12 executed by and through their respective officers thereunto duly authorized 13 on the date written below their signatures. 14 CITY OF ATASCADERO COMMUNITY T S By: By: S C. 15 G � 16 Date: Date: 17 Witnessed by: And by: 18 19 Date: Date:_ `�� 20 Approved as to form: 21 _ . 22 Date: 23 Approved to Content 24 25 Date: 26 27 -13- 0 COST SUMMARY July 1, 1984 TO June 30, 1985 ATASCADERO DIRECT PAYROLL INDIRECT TOTAL Management $ 19,348 $ 10,641 $ 29,989 Staff 15,808 8,694 24,502 Operators 36,891 20,290 57, 181 Total $ 72,047 $ 39,625 $111,672 OPERATING EXPENSES Vehicle Insurance $ 6,788 Control Center Equipment 750 Supplies 150 Travel & Petty Cash 600 Reproduction 240 Uniforms 150 Physicals 275 Marketing & Promotion 265 Total $ 9,218 LABOR $ 111,672 OPERATING EXPENSES 9,218 MANAGEMENT FEE 14,500 Service Hours 7,210 TOTAL PRICE $ 135,390 Hourly Price $ 7.455 Weekly Price $ 1,570.00 Prepared by: SWS Date: 4-13-84 Approved by: MLL Date: 5-23-84 COMMUNITY TRANSIT SERVICES, INC. S:50/25 FIXED AND VARIABLE COST SUMMARY July 1, 1984 TO June 30, 1985 FIXED COSTS Management Labor $ 29,989 Staff Labor 24,502 Operators Non-Revenue Labor 3,431 Operating Expenses 9,218 Management Fee. 14,500 Total Fixed Costs $ 81,640 $ 81,640 52 Weeks = $ 1,570.00 Per Week VARIABLE COSTS Vehicle Operator Revenue Labor $ 53,750 $ 53,750 7,210 Hours = $ 7.455 Per Hour Fixed Costs $ 81,640 Variable Costs $ 53,750 Total Price $135,390 Prepared by SWS Date 4-13-84 Approved by MLL Date 5-23-84 COMMUNITY TRANSIT SERVICES, INC. CTS:25/25 EXHIBIT A SCOPE OF WORK CITY OF ATASCADERO SYSTEM MANAGEMENT AND OPERATIONS The M&O will manage and operate the system in accordance with the policies and procedures established by the City, and with good manage- ment practice. The M&O will require its vehicle operators to assist those passengers needing it when boarding or leaving the vehicles. Management of day-to-day operations of the system will be vested in a location supervisor who will be well experienced in all aspects of transit operations. In addition, a responsible senior employee of M&O will be available at all times, either by phone or in person, to make major decisions or provide coordination as necessary. The above individuals will be responsible for monitoring all aspects of the system operation. Included are ridership, quality of service, fare collection and accounting, attitudes, motivations, and performance of all personnel. Methods of improving system operations and service will be sought, and the results will be reported to the City along with any corrective actions which may have been taken. In no case will a corrective action which affects the nature, quality, or quantity of service be taken without first obtaining City approval. The system will operate between the hours of 7:30 a.m. and 6:00 p.m. , Monday through Friday. No service will be provided on Saturdays, Sundays, or the following holidays: New Year's Day, Presidents` Day, Memorial Day, Independence Day, and Labor Day, Thanksgiving, Day after Thanksgiving, or Christmas Day. M&O will provide a maximum of 7,210 vehicle service hours per year. Charter services also will be provided when requested or approved by the City. M&O will provide the properly trained supervisor, vehicle operators, controllers, and maintenance personnel needed to operate the system. Throughout the day, supply in terms of controllers and operators will be tailored to demand. COMMUNITY TRANSIT SERVICES, INC. A-1 C:6/29 0 In addition to operating the vehicles and the control center, M&O personnel will perform fare accounting, transfer revenue to the banking institution as directed, and collect data for periodic analysis. It is understood that the City will provide vehicles; all vehicle parts vehicle licenses; fuel and oil; an operating local radio system with license; radio units installed in the vehicles; facilities for garaging the vehicles; vehicle cleaning; facilities for housing the control center; control center furniture and equipment; telephones; and janitorial services and supplies. M&O will provide insurance; maintenance administration; uniforms and physicals for vehicle operators. RECORDING AND REPORTING The following operations records shall be maintained by M&O in compliance with Section 15 of the Urban Mass Transportation Act. (a) Daily ridership by vehicle (b) Daily ridership of wheelchair-bound passengers (c) Daily mileage by vehicle (d) Daily revenue by vehicle (e) Trip log from each vehicle operator (f) Dispatch records showing times for: (1) receipt of service requests (2) pickup assignment made (3) actual pickup (4) variance between promised times and -actual pickup times (5) actual delivery of passenger (g) Daily record of stated trip purposes A monthly operating report will be prepared which will summarize the data collected daily. This report will present the data by vehicle, service area, and total system basis. It will also include a statement of any existing or potential problems along with suggested solutions. COMMUNITY TRANSIT SERVICES, INC. A-2 RECRUITMENT AND HIRING M&0 shall recruit qualified personnel as needed to staff the opera- tion. Local personnel shall be utilized with the possible exception of the supervisor, who may be transferred from another location. Each prospective applicant will undergo a series of tests to deter- mine the applicants ability and probable chances of success. Controller applicants' tests will include color vision, general personnel test, spatial perception, etc. Vehicle operators will undergo the personnel test and a check of their driving record. Knowledge of the service area, character, personality, etc. , will be evaluated. M&0 will also make arrangements for candidate vehicle operators to take the physical examination needed for Class II licenses. In determining personnel requirements, the dynamic and flexible nature of the specialized service must be considered. M&0 will deter- mine an appropriate mix of part- and full-time personnel to meet expected system demand and attempt to hire those employees. TRAINING M&0 will conduct a comprehensive training program for employees. Training will include such items as vehicle preoperations check, public relations, safety, defensive driving, first aid and CPR, radio procedures, forms, policies, and procedures. All system personnel will also receive M&0's comprehensive training dealing specifically with the transporting of the mobility-impaired. This includes an exclusive Em- pathy Training course dealing with the emotional, as well as physical, problems encountered by elderly and handicapped persons as they utilize public transit. The initial training will be conducted in a classroom environment and in the vehicles. Lectures, audiovisuals, simulations, tests, and other techniques will be used to achieve a proper training. Safety will be stressed, and classes will be given by instructors accredited by the National Safety Council. All vehicle operators will be trained in all methods of operations so that maximum flexibility exists in the event of sickness and for efficiency. COMMUNITY TRANSIT SERVICES, INC. A-3 A continuing training/retraining and safety program is essential. This will consist of training new operators and controllers, and also the retraining of vehicle operators whose performance falls below standard. Safety and defensive driving will be a continuing education process throughout the program. Monthly safety meetings, on-board safe driving checkouts, safety radio messages, posters, and other communica- tion techniques will be applied. The on-going program by the National Safety Council will be incorporated as part of this effort. COTNMUNITY TRANSIT SERVICES, INC. A-4 • I3EP AGENDA O gE�lG • M E M O R A N D U M TO: CITY COUNCIL October 8, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of LOT LINE ADJUSTMENT 5-84 LOCATION: 2970 Ramona Road (Lots 16 ,17,14A, Block 18) APPLICANT: Arnold Hoffman (Hilliard Surveys) On June 11, 1984 , the City Council approved Lot Line Adjustment 5-84 , subject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission. The zoning is RS and the General Plan esignation is Suburban Single Family Residential. Staff review has determined that all conditions • of approval have been met. On October 1, 1984, the Planning Commis- sion reviewed this item on its Consent Calendar and recommends accep- tance of the Final Map. HENRY ENGE RALPH H. DOWELL, R. Planning D' rector Acting City Manager HE:ps • YT ZR .�.•� ,fin?,1� _ ,. . � i. [ t O• f ^ F d��,� nvs • IA .-.. _ / /� � � �. g��'►*'s Oar s � a `' 2j'FJJr N?3 .t bmp tb.LO . F• m L b30 to F Lcl i n o a it a��, �� ° �R 'kms !q♦. �� ; � �i u$ t � s � � a ♦ 'ti y nen " �..�'frdl'� O, 'yy A ■ j OAR Pln C - .+• a� Q��J.♦ Mem � tti s s oc0000�com•'4 • a" � ♦ AAl�i pan 'Qb n.�i ry .Va"f ��-0f1� n�loQ�Q� r �S��`�a� �i�� ♦ 8�Aa8�S�a�b � � ti ♦ s "•Oil oa o 0 A 1 memo s� 2agg� b �_ m--N a�� Z ny�i -it 2 cc� i� � 0 � ayb �- �ao xns unen 9 • AO (� yr "1 1Q ipv.� .o ro7F •�322afm •��0� � �yy �y i�i .�fP 2QQ S� =V i;IN • 3 r = $ a. • {NG AGSNDA M E M O R A N D U M • TO: CITY COUNCIL October 8, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP AT 830401:1 LOCATION: 8455 Del Rio Road/13600 Santa Ana Road APPLICANT: L.C. Gibaut (Twin Cities Engineering) On June 13, 1983, the City Council approved Parcel Map AT 830401:1, subject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission. The zoning is RS and the General Plan designation is Residential Sub- urban. Staff review has determined that all conditions of approval • have been met. On October 1, 1984 , the Planning Commission reviewed this item on its Consent Calendar and recommends acceptance of the Final Map. HENRY ENIN RALPH H. DOWELL, 3R. Planning irect Acting City Manager HE:ps • k...k4 MI I�+. _ YS f i N l � .00 //107 row'•� \ , 9tit Iy .. I /2D9I M.O/.//s :lx a N ..... / i IL 28 %x'.DaN...� 1'3• \ \ \ \ �\ � I M.1r.OB n' 9'6D \\ ' 9.01•BS N ... ' 22911,7 DB2•x IN (09 ly 2£ �� .Ob hAf�'"9'ING AGSNDA t • MEMORANDUM TO: CITY COUNCIL October 8, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP 11-84 LOCATION: 4600 Portola Road APPLICANT: Bill Poole/Billie Danner (Twin Cities Engineering) On July 9, 1984 , the City Council approved Parcel Map 11-84 , -subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is RSF-Z and the General Plan designation is Single Family Residential. Staff review has determined that all conditions of ap- proval have been met. On October 1, 1984 , the Planning Commission reviewed this item on its Consent Calendar and recommends acceptance of the Final Map. HENRY ENGVirector' RALPH . DOWELL, JR. Planning Acting City Manager HE:ps • =rce 7� 7 w W 8 2 w I I u N2.Ir n`A w i= trs.o y 4 Y Y rn M ff m c irr.s• Ze - E 'POR TOL A ROAD NJ n aQ`t 2 s 0 ;;►.�G AG-NDA _ M E M O R A N D U M • TO: CITY COUNCIL October 1, 1984 FROM: PLANNING DIRECTOR SUBJECT: LOT LINE ADJUSTMENT 12-84 LOCATION: 9155-9195 San Diego Road (Lots 1,2,3, Block 35) APPLICANT: Benrich Construction (KennalY Engineering) En ineerin ) REQUEST: To adjust a property line to add land from Parcel 1 to Parcel 2. On October 1, 1984, the Planning Commission considered this matter on its Consent Calendar unanimously approving the Lot Line Adjustment application subject to the Findings and Conditions as set forth in the attached staff report. • No one appeared on the matter . HENRY ENGE RALPH DOWELL, JR. Planning Di ector Acting City Manager ps • OETING AGENDA DATE l0 - ITEM# STAFF REPORT Planning Commission — City of Atascadero Date: October 1, 1984 Item: A-5 (Lot Line Adjustment 12-84) A. LOCATION: 9155-9195 San Diego Road (Lots 1,2,3 , Block 35) B. SITUATION AND FACTS 1. Request. . . . . . . . . . . . . . . . . . . . . .To adjust a property line to add land from Parcel 1 to Parcel 2. 2. Applicant. . . . . . . . . . . . . . . . . . . .Benrich Construction 3. Engineer. . . . . . . . . . . . . . . . . . . . .Kennaly Engineering 4. Site Area. . . . . . . . . . . . . . . . . . . .7 .4 acres 5. Major Streets. . . . . . . . . . . . . . . .Highway 101; San Diego Road is local street with a 40 foot right-of-way. El Camino Real is a major arterial with a 100 foot right-of-way. 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RMF-16 (Residential Multiple Family, 16 units per acre) 7. Existing Use. . . . . . . . . . . . . . . . .Residence on Parcel 2; Parcel 1 is vacant. 8. Adjacent Zoning and Use. . . . . .North: RMF-16 , residences East: RS - Residential South: Highway 101 West: Highway 101 9 . General Plan Designation. . . . .High Density Multiple Family Residential 10. Terrain. . . . . . . . . . . . . . . . . . . . . .Slight slope (13%) 11. Environmental Status. . . . . . . . .Categorically exempt C. ANALYSIS: This Lot Line Adjustment was proposed originally in January, 1984 . but due to a change of dimensions in the Final Map, could not be approved at that time. The current proposal adds 75 feet from Lot Line Ad 'JustmentIO-84 (Benrich) Parcel 1 to Parcel 2. Staff sees no problem with this adjustment due to the fact that the parcels are well above the one-half acre minimum lot size allowed in the RMF-16 Zone. The creation of a 59 unit mobile home park on the site was ap- proved under Conditional Use Permit 1-84. This Lot Line Adjust- ment conforms to this project. D. RECOMMENDATION Based upon the Findings that follow and subject to the Conditions of Approval listed in attached Exhibit "A" , Staff recommends ap- proval of Lot Line Adjustment 12-84 . E. FINDINGS 1. The application as submitted has been determined to be Cate- gorically exempt from the requirements of the California Environmental Quality Act. 2. The application as submitted conforms with all applicable zoning and subdivision regulations. ATTACHMENTS: Exhibit A - Conditions of Approval Exhibit B - Lot Line Adjustment Map Exhibit C - Location Map DD:ps 2 Lot Line Adjustment 12-84 (Benrich) EXHIBIT "A" Conditions of Approval - Lot Line Adjustment 12-84 October 1, 1984 1. The Lot Line Adjustment as generally shown on the map attachment provided herein shall be submitted in final map format to be ap- proved by the Planning Department prior to recordation by the County Recorder ' s Office. 2. The proposed adjusted lot lines shall be surveyed and monuments set at the new property corners prior to recordation of the final map. 3. The location of all improvements and easements shall be delineated on the Final Map. The deeded lot line to be removed that divides Parcel 1 shall be shown on the Final Map. 4. Approval of this Lot Line Adjustment shall expire two years from the date of final approval unless a time extension has been gran- ted pursuant to a written request prior to the expiration date. date. 3 EX141611- c_ . LOCA -NON MAP X155 — `11cl5 5AN prr=c—a LOt LINE ADZT()STMEA;-r 1Z -8 �{ 'f t _ ^�, fes.:• rs=6a'rpBr o. !tv-iaD p� rJ at ip C� Goy wy � to �i \v RO � •' /�6 ,� Ili 5 q �012 `b 4 RMF/16 3 RS \ ` ' / Ah � 91 1 c2 34 13 ANO \ u 33 14 RS l ) 3 \ of 3 j 30 L t ` / ^ \ 3 i� 15 39 �h 9 a 9 � �q 7t , 3 l:l j' r-. Nb N i\ ,r/se•�a�s� � N5931'S.r� A rn x q.; qkA J' O p 1 J e Re f'.• L^ 4;T r v. '1*4, 3s` 4 ��• L. n' >r Q'ti� 1.' 72222 J ,1.a \-.oma. �2 0 .'• a U ry � �d�4 �•(� �` " G�'� ry Ic ME i'9'!v AG7111DA • M E M O R A N D U M TO: CITY COUNCIL October 1, 1984 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP 22-84 LOCATION: 9070 La Paz Lane (Lot 40 , Block 66) APPLICANT: Don and Mary Jane Giessinger (Volbrecht Surveys) REQUEST: To create two lots of 3.10 acres each from a 6.24 acre parcel. On September 17, 1984 and October 1, 1984, the Planning Commission conducted a public hearing on the subject matter unanimously approving the lot division request subject to the findings and conditions as set forth in the attached Staff Report, except that Condition #2 was amen • ded to read: "2. One standard fire hydrant, to be publicly maintained, shall be required. " Alan Volbrecht, representing the applicants, spoke in support of the project and stated that the applicants agreed to putting in a fire hy- drant but asked that it be allowed to be installed at the most north- erly corner of the easement. There was only brief discussion among the Commission. No one else appeared on the matter. HENRY ENGE RALPH B. DOWELL, JR. Planning Director Acting City Manager PS • • 1NG AGENDA D 1; 71 (� M E M O RAN D U M • TO: CITY COUNCIL August 13 , 1984 FROM: PLANNING DEPARTMENT SUBJECT: TENTATIVE PARCEL MAP 23-84 APPLICANT: Rex Hendrix (Westland Engineering) LOCATION: 9700 El Camino Real (Lot 3, Block 11) REQUEST: Approval to allow the division of a 2. 5 acre parcel into four lots of .62 acres each. On October 1, 1984 , the PlanningCommission conducted a public hearing on the above-referenced subject unanimously certifying a Negative Declaration as complete and consistent with the provisions of C.E.Q.A. and approving the land division request subject to the findings and conditions contained in the attached staff report. Terry Orton, with Westland Engineering, representing the applicant, spoke in support of the project and asked for clarification on Conditions l and 2. He asked that these improvements be allowed to be • put in at time of building permit issuance. Manford Vanderlip, area resident, concurred with the comments made by Mr. Orton and felt the improvements should be put in at time of build- ing permit. Rex Hendrix, applicant, asked for clarification on Condition #3 concerning the sewer connection fee. Lee Gustafson, area resident, spoke on a recent lot split for his property and felt that when lot splits are made that the improvements should be made at the same time. There was some discussion among the Commission concerning the difference between residential sewer hookups and commercial hookups, as well as the appropriate time for putting in the required improve- ments, with the consensus being that Condition #4,- allowing deferral of improvements to one year after the filing of the final map, was a reasonable compromise. No one else appeared on the matter . HENRY ENGEMPH H. DOWELL, JR. • Planning Di ector Acting City Manager • MEETT07 ,_ / AGCNDA . M E M O R A N D U M • TO: CITY COUNCIL October 8, 1984 FROM: PLANNING DIRECTOR RE: Appeal of Planning Commission' s Conditions of Approval on Tentative Parcel Map 6-84 (Continued from September 10, 1984 City Council Meeting) APPLICANT: Catherine C. Davis (Kennaly Engineering) LOCATION: 8870 San Gabriel Road (Ptn. Lot 11, Block 33) REQUEST: Appeal of Commission's denial of requested 20% lot size reduction which resulted in approval of a two lot split instead of the requested three lot parcel map. BACKGROUND A public hearing was held before the City Council on September 10, 1984 at which testimony was heard from the applicant' s engineer, John • Kennaly, and from neighbors. Action of the City Council was to con- tinue the matter to allow more time to study specifics. A letter was sent to the applicant and her engineer together with the neighbors advising of continuation of this matter and soliciting any additional site specific engineering data in support of the appeal. As of this writing, the applicant' s engineer has advised that he has conducted positive percolation tests which would be submitted to Staff before the October 8th Council meeting. ADDITIONAL EVALUATION Staff has re-examined the file, walked the site, and reflected on the testimony of the September 10th hearing. This re-evalauation leads to the same conclusion as offered in the September 10th recommendation to the Council, i.e. to support the Planning Commission' s findings as reflecting a proper interpretation of the Zoning Ordinance and deny the appeal. Following are responses to selected comments made on September 10th, and in earlier testimony: 1. Septic suitability factor: The Zoning Ordinance for the Residential Suburban Zone re- quires 1 1/2 acres towards the overall lot size for areas characterized as being "severe" with respect to septic suit- ability. In reviewing the zoning ordinance requirements for other districts, it appears the clear intent of the ordi- nance is to heavily weigh negative lot size factors in the Re: Appeal of Tentative Parcel Ma tnnal P 6-84 (Davis/ Y) Residential Suburban district. In this case, severe septic • conditions require 1 1/2 acres towards the minimum lot size in the RS Zone (2 1/2 - 10 acres range) . The Residential Single Family -Z lot size is from 1 1/2 to 2 1/2 acres and septic suitability requires a factor of .7 acres towards the minimum lot size total. This was consciously done to require larger land areas in those portions of the community where the lot size range of 2 1/2 to 10 acres minimums was to apply. 2. Future Sewer : There are no plans, notwithstanding the an- ticipated new elementary school on San Gabriel Avenue, to sewer this area and rezone to higher densities. 3. Vagaries of "Specific Factual Criteria Requirement" In order to grant a 20% reduction adjustment to minimum lot size computed under the Zoning Ordinance, the Planning Com- mission shall make the following required findings: " (i) . There are circumstances applicable to the property in- cluding shape, topography, location and surroundings which warrant use of specific site information rather than generalized area information in determining lot size. (ii) . The specific site information submitted clearly demon- strates that the adjustment in lot size is warranted. (iii) . The granting of the adjustment will not adversely affect the health or safety of persons, be materially detrimen- tal to the public welfare, or be injurious to nearby property or improvements. (iv) . The granting of the adjustment will result in better utilization of the affected property. M . The granting of the adjustment is consistent with the General Plan." Again, the calculations that were provided by planning staff have been recalculated and confirmed as having been properly arrived at origin- ally. In effect, no one has challenged that the average slope is 16%, that the condition of access by paved road warrants the most liberal lot size factor of .4 acres; that the distance from the center of the city is between 10 - 12,000 range thereby requiring a .30 lot size factor ; and that the neighborhood character (within the City limits) is 2.93 acres; or that the septic suitability is severe. The applicant is seeking a 18% lot size reduction apparently predicated on a revised parcel map which dealt more specifically with the drainage off the site to Atascadero Lake. However, the way the ordinance is written it is clearly intended that a 20% adjustment not be an automatic grant from the City but something that is done as an exception to the rule where unique circumstances on the property merit and the requisite findings can be made. 2 Re: Appeal of Tent five Parcel Map 6-84 (DavisIRennaly) Given the particulars of this land, the Commission could not make those findings. RECOMMENDATION: Support the Planning Commission' s findings as reflecting a proper interpretation of the zoning ordinance and deny the appeal. Enclosure: September 11, 1984 communication to Catherine Davis and abutting property owners September 10 , 1984 Staff Report REMAY EN EN RALPH DOWELL, JR. Planning irector Acting City Manager HE:ps 3 ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 OFFICE BOX 749 O POST ATASCADERO, CALIFORNIA 93423 - ATASCADERO.O CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466-5678 CITY COUNCIL y/'� ._.�,.. CITY CLERK a. -red POLICE DEPARTMENT CITY TREASURER CITY MANAGER INCORPORATED JULY 2, 1979 POST OFFICE BOX 747 ATASCADERO.CALIFORNIA 93423 FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT • PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 ~� PHONE: (805) 466.2141 September 11, 1984 Catherine C. Davis P.O. Box 900 Atascadero, CA 93423 SUBJECT: TENTATIVE PARCEL MAP 6-84 (Appeal to Condition) 8870 San Gabriel Road Dear Pis. Davis This is to advise that the Atascadero City Council considered your appeal of the Planning Commission' s denial of an 18% re- duction in lot size at their meeting on September 10th. Their action was to continue the hearing to their October 8, 1984, meeting to allow more time to study the matter. Should you have any additional site specific engineering data, which would support your appeal, P lease transmit it to us be- fore our October 3rd agenda deadline. (For example, information on the percolation characteristics of the areas suggested for septic systems) . Please contact the Planning Department if you have any questions on this matter. Sincerely, HENRY NGEN Planning Director HE:ph cc: John Kennaly F. Slote T. McClain R. Keil C. Jorgenson H. Smith C. Lewis R W. Bell T. O'Brien G. Godfrey R. Brown S. Marengo E. Davis R. E. Brown R. McCall D. Vert C. Jorgenson A. J. Silveria R. Ramirez M6q GINDA DATE - a- ITEM M E M O RAN D U M TO: City Council September 10, 1984 FROM: Planning Department SUBJECT: Appeal of Planning Commissions Conditions of Approval on Tentative Parcel Map 6-84 APPLICANT: Catherine C. Davis (Kennaly Engineering) LOCATION: 8870 San Gabriel Road (Ptn. Lot 11, Block 33) REQUEST: Appeal of Commission' s denial of requested 20% lot size reduction which resulted in approval of a 2-lot split instead of the requested 3-lot parcel map. BACKGROUND: This matter first appeared on the June 4 , 1984, agenda of the Planning Commission, at which time it was continued at the request of the applicant. Subsequently, on August'� 6, 1984 , the Commis- sion considered a revised map, heard neighborhood concerns, and acted unanimously (6: 0) to deny a 20% minimum lot size reduction request and approved a two-way split subject to ten (10) condi- tions of approval, including a revised condition No. 6 which stressed resolution of drainage flow problems across the property and under San Gabriel Road. The City Council had the matter on its Consent agenda, August 13, 1984. At that meeting, the applicant' s engineer, John Kennaly, advised of his client's intention to appeal the Commission' s recommendation and this was done in writing on August 16, 1984. BASIS OF APPEAL: In addition to the letter (see attached) , staff met with Mr. Kennaly to review the basis of the appeal. The appeaiant contends that the Commission erred in its interpretation of lot size factor points with respect to "septic suitability" and "general neighborhood character" (refer to attached Staff Report) . The General Plan de- fines the subject area as Suburban Single-Family Residential, call- ing for lot sizes of from 2�,- 10 acres. The Zoning Ordinance (see attached excerpt) implements the General Plan by a formula which sets minimum lot size based on average slopes distance from center of town, septic suitability, road access, and general neigh- borhood character. Following are the calculations used in this case: MEMORANDUM - Appeal - Tentative Parcel Map 6-84 Page Two Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.7 acres Required minimum lot size Lot Size Factor Average slope (16%) .75 Distance from center (10-12000) . 30 Septic suitability (severe) 1.50 Road (City accepted) .40 General neighborhood character (2. 93 ac. ) .59 3. 54 acres Minimum lot size reduced by 200. . . . . . . . . . . . . . . . . . . . 2. 83 acres Requested minimum lot size. . . . . . . . . . . . . . . . . . . 3 lots @ 2. 9 acres ea. Planning Commission action. . . . . . . . . . . . . . . . . . .2 lots @+4. 35 acres ea. FINDINGS REQUIRED: Approval of the 20% lot size reduction requires acceptance of the findings set forth on page 3-10 of the accompanying zoning ordin- ance excerpt. RECOMMENDATION: Support the Planning Commission's findings as reflecting a proper interpretation of the Zoning Ordinance and deny the appeal. Enclosures: August 16, 1984 , Letter of Appeal August 13, 1984 , Staff Report to City Council Draft Minutes - August 6, 1984, Planning Commission Mtg. Zoning Ordinance Excerpt - RS Zone cc: Kennaly Engineering & Surveying HENRY ENGE "RALPHELL, JR. Planning Di ector Acting City Manager d 1 I enna1- 7n�-inPeri tc,, . Surveying 5993 'Iraffic -ay 466-t827' p. . o.< 119 ktascadero , Ct x'3423 I ty of "tescadero ;' ttention: City Cleric '• Eox 747 .tascadero , C'a 3423 }.0--ust 11_62 !!,,84 029-54 Dear .;s. Pamirez: m`^,i s s t F r s n c-"- a n � Planning n ". i„ o �or all_ r nu,: 7e�1 of the . Oo.mission decision c?f 'ent...tive "arcel i an ^-'4• r"h�, __U mst 6, 7 QSu1. staff analysis ^'fled:: tie b,si.s for C pia , of our nro''Josal. The specific reason for denial is not ra de cl'orr t . tis in the staff report, but it is _--:)Parenti' due t0 ^,,ck C "s ?c c f t i r to i.,I" 1 lv,.. ., f �. i lac ar _ c� i r_ Ln the �-oni-l-7 ordinance. _'he original staff report, datedTUune 4, 1 4, � ftf ' writte.) before sulbmtted -_ore specific drain:,--e ;retails. All of the ori_rrinal concerns of sta Lf were subseduently ad(�ressed avid res.�lved. .� beln� , that th , denial of this project basins a chanf-e in Cit.= 'Oolicy concernin ,• the an-plication tion of the 201 reduc';ior) . .e would anpro.ciatereview of this proJect by the Cit-; Council and a reviewof the need for :--oeci fic-factu'l criteria in the zoning ordinance. Sincerely=, ohn 'ennaly . Cj.�. ,139 OETING AGENDA DATE - -,� ITEM 19 -- • M E M O R A N D U M TO: PLANNING COMMISSION October 1, 1984 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP 22-84 (Geissinger/Volbrecht) 9070 La Paz Lane (Lot 40 , Block 66) At its September 17, 1984 meeting, the Planning Commission reviewed the attached Staff Report concerning Tentative Parcel Map 22-84. Dur- ing the discussion, the applicant's engineer raised a question as to the use of a swimming pool to replace the required fire hydrant. This item was continued to research this option. The Fire Department indicates that a pool as a source of water for fire fighting purposes would be unacceptable for the following reasons: 1) Access: Pools are required by ordinance to be enclosed by a four foot high fence and owners also usually border pools with plant materials that would restrict access. 2) Non-continuous source of water: A fire hydrant would provide a continuous supply of water as opposed to the limited amount of water in a pool. 3) Drafting requirements: Drafting from a pool would require a depth of at least ten feet. Most pools are approximately seven feet. 4) Truck support: A normal fire truck weight is 18 tons fully loaded. Normal pool decks and surrounding landscaped areas will not support such loads. RECOMMENDATION Approval of Tentative Parcel Map 22-84 subject to the findings and conditions in the September 17, 1984 Staff Report. ATTACHMENT: 1. September 17, 1984 Staff Report JM:ps STAFF REPORT Planning Commission - City of Atascadero Date: September 17, 1984 Item: B.4 (Tentative Parcel Map 22-84 ) Notice of Public hearing was Pub- Publiclic Hearing TPM 22-84 lished in the Atascadero News on Public hearing to permit the September 7, 1984, and all owners division of a 6.24 acre parcel of record property located within into two lots of 3.1 acres each. 300 feet were notified by United States mail on that same date. A. Location: 9070 LaPaz Lane (Lot 40, Block 66) B. Situation and Facts: 1. Request. . . . . . . . . . . . . . . . . . . . . . . .To create two lots of 3.10 acres each from a 6.24 acre parcel. 2. Applicant. . . . . . . . .. . . . . . . . . . . . .Don and Mary Jane Giessinger 3. Engineer. . . . . . . . . . . . . . . . . . . . . . .Volbrecht Surveys 4. Site Area. . . . . . . . . . . . . . . . . . . . . .6.24 acres 5. Streets. . . . . . . . . . . . . . . . . . . . . . . .LaPaz Lane is a City-maintainAft street with a 40 foot right-ofy 6. Zoning. . . . . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 7. Existing Use. . . . . . . . . . . . . . . . . .Residential, two (2) Residences 8. Adjacent Zoning and Use. . . . . . . .North: RS, Residence South: RS, Residence East: U.S. Fwy 101 West: RS, Residence 9. General Plan Description. . . . . . .Suburban Single-Family Residential 10. Terrain. . . . . .. . . . . . . . . . . . . . . . . .Mostly gentle sloping, with steeper slopes in the rear. 11. Environmental Status. . . . . . . . . . .Categorically Exempt C. Site and Development Data: 1. Site Area. . .. . . . . . . . . . . . . . . . . 6.24 acres • • STAFF REPORT - Tentative Parcel Map 22-84 (Giessinger/Volbrecht) 2. Required minimum lot size: Lot Size Factor Average slope (0-10%) .50 Distance from center (15,000sq.ft. ) .50 Septic suitability (severe) 1.50 Road (City accepted) .40 General neighborhood character (4.5) .90 Minimum Lot Size 3. 8 acres 3. Minimum lot size reduced by 200 3.,04acres 4. Proposed lot sizes. . . . . . . . . . . . .Parcel 1: 3.10 acres Parcel 2 : 3.10 acres 5. Access. . . . . . . . . . . . . . . . . . . . . . . . .Existing easement from LaPaz Lane to the two proposed parcels. 6. Shaped. . . . . . . . . . . .:. . . . . . . . . . . . .Irregularly shaped D. Analysis: The applicant is asking for a minimum lot size reduction to create two conforming legal lots. According to Section 9-3. 144 of the Zoning Ordinance, there are five (5) required findings for allowing a lot size reduction. These findings attempt to ensure that the adjustment will not adversely effect the health, safety, and welfare of nearby persons or property. The granting of the adjustment must also result in a better utilization of the pro- perty and be consistent with the General Plan. Furthermore, special circumstances must pertain to the property which warrant use of specific site information. In this case, the two existing residences, located on one lot, are the unique fact that warrants the adjustment in lot size. Staff review notes that the homes were built before City incorporation. E. Recommendation: Staff recommends approval of Tentative Parcel Map 22-84 based upon the following Findings and Conditions of Exhibit "A". F. Findings: 1. The creation of two lots on this parcel conforms to all ap- plicable zoning and subdivision regulations and is consistent with the General Plan. 2. The creation of two lots, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment and preparation of an Environmental Impact Report is not necessay. -2- EXHIBIT "A" - Tentative Parcel Map 22-84 Conditions of Approval September 17, 1984 1. All existing and proposed utility easements, pipelines and other easements are to be shown on the Final Map. If there are other building or other restrictions related to the easements, they shall be noted on the Final Map. 2. One City standard fire hydrant, to be publicly maintained, shall be required at the end of the existing easement. 3. All conditions herein specified shall be complied with prior to filing of the Final Map. 4. A Final Map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City 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 will 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 submit- ted for review in conjunction with the processing of the Final .Map. 5. Approval of this Tentative Parcel Map shall expire two years from the date of Planning Commission approval unless an extension of time is granted pursuant to a written request prior to the expira- tion date. DD:ph Attachments: (1) Exhibit "A" (Conditions of Approval) (2) Exhibit "B" (Parcel Map) (3) Exhibit "C„ (Zoning Map) i y `• 44 14 Nt 46 Bzi ��Az y ` Z ori �• •s'n q ; a o �G 1, A A 0 D m �o;�/ a, /•v�N�/N 4 ° Cyn Y AgPR� rye y D D z ! Ali � � x .' a 5 4 H • �� 9 '�; s tea, O flA 6 • t�4 �� ' S f8 o !7. 42 po �� 9 43 S� 44 O S ep.� \\ \ 19 g S �\ R �(HH) 22 \ 20 0 23 \ H 21 $S 24 \25 Op \\Cc 58-2-31-42 3 26 27 h 3 9< y,'� 42 29 Al � •� / "O M r G &Olam; \,,y�/ / � v \ , �i PAR.3 \ 4 30 co ?to-309 � zt 41 9"yo pay y 32 got \ , EXHIBIT C.. ° 0�h � WR 2 \ PAR. G Y ZONING- MAP � 40 � 31 � rt- PA 22 -8`I go7o LA Paz- LANE !AaR z .` AK. 5 ,/� ta► 39 32 \ 6� 1 \\Gp 38 g/2 PAR R � S y:. .b 115 lj �7r. various-zoning', \ eretr certlfiadtZhat this nsp.$epfctinq 33 xcstions is stag ago.2-31n a series of twnty-five w+p*• s thcir:enttrety constitute th+i.OFPICZAL ZOHL*tG MA",, "tr N�-� .STY Of•ATASCADMLD as idoptad by Ordinance No-f adoptet4 j� f271Ufi iaelvdinq ui7.+�eudments tAeceto' sswnt te. / / t�«,�f. S 2035 \ �A4e.L :�iMbt Y"lt/ t�.torneyr �RRA�f u f •. •RRK �PARK i 2 23 A af—I AN A ANAGENDA r� ~ DATED " ITEM# : STAFF REPORT Planning Commission - City of Atascadero Date: October 1, 1984 Item: B-5 (Tentative Parcel Map 23-84) Notice of public hearing was Public Hearing Case: TPM 23-84 published in the Atascadero News Public hearing to allow the div- on September 21, 1984 and all ision of a 2. 5 acre parcel into owners of record property loca- four lots of . 62 acres each. ted within 300 feet were noti- fied by United States mail on that same date. A. Location: 9700 E1 Camino Real B. Situation and Facts: 1. Request. . . . . . . . . . . . . . . . . . . . . .To create four lots of .62 acres each from a 2.5 acre parcel. 2. Applicant. . . . . . . . . . . . . . . . . .Rex Hendrix 3. Engineer. . . . . . . . . . . . . . . . . . . . .Westland Engineering 4. Site Area. . . . . . . . . . . . . . . . . . . .2.5 acres 5. Streets. . . . . . . . . . . . . . . . . . . . . .El Camino Real is a major arter- ial with a right-of-way width of 100 feet. 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .CT (Commercial Tourist) 7. Existing Use. . . . . . . . . . . . . . . . .Vacant 8. Adjacent Zoning and Use. . . . . .North: CT, SFRs South: CT, vacant East: CR, Commercial West: RSF-Y, SFRs 9. General Plan Designation. . . . .Retail Commercial 10. Terrain. . . . . . . . . . . . . . . . . . . .Level with several large oak trees. 11. Environmental Status. . . . . . . . .Negative Declaration Tentative Parcel Map 23-84 (Hendrix/Westland Engineering) C. Analysis: Staff review indicates no code problems with this land division. These parcels are level with few trees and sparse natural vegeta- tion. There is no minimum lot size in the Commercial Tourist Zone. D. Recommendation: Staff recommends approval of Tentative Parcel Map 23-84 based upon the following findings and conditions of approval contained in Exhibit "A" . E. Findings: 1. The creation of four lots of .62 acres each on this parcel conforms to all applicable zoning and subdivision regula- tions and is consistent with the General Plan. 2. The creation of four lots in conformance with the recommended conditions of approval will not have a significant adverse effect upon the environment and preparation of an Environmen- tal Impact Report is not necessary. 3. Curb, gutter, and sidewalk is required in commercial zones where pedestrian, vehicular , and use characteristics of the project and surrounding area indicate a need for the improvements. ATTACHMENTS: Exhibit A - Conditions of Approval Exhibit B Parcel Map Exhibit C Location Map DD:ps 2 • Tentative Parcel Map 23-84 (Hendrix/Westland Engineering) EXHIBIT A - Tentative Parcel Map 23-84 Conditions of Approval October 1, 1984 1. Curb, gutter, sidewalk and street paveout will be required along El Camino Real and Frontage Road. Road improvement plans shall be designed by a Civil Engineer registered in the State of California and shall be submitted to the Public Works Department for review and approval. 2. The sewer main in Frontage Road shall be extended the full length of Lot 3. Improvement plans for the sewer main shall be designed by a Registered Civil Engineer and submitted to the Public Works Department for review and approval. 3. A sewer connection fee of $26 .35 per fixture unit shall be due for each parcel prior to hook-up to the public sewer. 4. The public improvements required by Conditions 1 and 2 may be de- ferred for a period not to exceed one year beyond the date of re- cordation of the final map. 5. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the Final Map. 6. All existing and proposed utility easements, pipelines and 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. 7. Grading that would be disruptive to the natural topography shall be minimized. Removal of existing, mature trees shall also be minimized. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City Ordinances. No grading shall commence without an appropriate per- mit and compliance with applicable City ordinances." 8. Drainage and erosion control plans, prepared by a Registered Civil Engineer, shall be submitted for review and approval by the Plan- ning Department prior to issuance of building permits in conjunc- tion with installation of driveways, access easements or struc- tures. This shall appear as a Note on the Final Map. 9. Plan and profile drawings of proposed individual driveways and driveway easements shall be submitted for approval by the Planning and Public Works Departments in order to determine average grade and appropriate improvement requirements. This shall appear as a Note on the Final Map. 3 Tentative Parcel Map 3-84 (Hendrix/Westland Engineering) 10. All conditions herein specified shall be complied with prior to filing of the Final Map. 11. A Final Map drawn in substantial conformance with the approved Tentative Map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City 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 will 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 submit- ted for review in conjunction with the processing of the Final Map. 12. Approval of this Tentative Parcel 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. 4 �boG co$790 4T i� 8700 .L • is 4` o —a77o as- —j r C- ea b �s 90 c i �«f , 3 & - 4 —s`��'�ii LOC-At( OA) /VIAP 9700 EL CAM r N oBqoo ' $a J+ _ i-B q► sq , -,e �A PARCEL'MAP i �g5 r'9oBI° 4 9000 895 9p15 - 9065 9100D117 6% 5_ 9110 !t s; siss 0 $ to-A CD 1 .387atoo 9255 �,�. 25 t y o'• { r r 1 Pq 9300 !8 9D o2s . d vV Y q2 R I ---I -- ��- � o r 9175 ;�3• s, 0 w De 27 e ` X14 %%A 28 irg9 44 q��D 9+i�� /q 1e` q �73�-0• 7' 9ZZS `•0x� p c 9 91 v 2gl04 00 —2-2— , ._.G-}- 30 Spy �10 , .a\ t �fl CT �p� q s q 3e uF _Y 450 �^ `a 3cT i 4o p5 33 .� cr 05 low, FAR 9 gq,5y� i, r� z �p 41 PAR s �3 34 ' So 16 P3gi `��° X05 Y leo 5P Ss ss q p4 36, r •A 5qqp 090 �� — , ggp4. s t 3 0s 0 , �'. �" ��- .ie �` coTs-mss♦ 99 � ` ..,.�� 6-A 2 Z ,_ 0 5 , �) �_1. ? a� -. 5 � PSZ3 �-�� C - RMF/I � , m a 995 W 0 13 N. e- o- FA IC S -oir 1 f - 3 \ - s .�� 92 \ r �r 1 Dc 10-A cr a- ] - �, rA It C- o�� O J o Q Q I ''s�� r 'j o =--?z-344 4/y klop If1 H \O G�: . M t T Q 1 W, 1 A 'C3 _ OOT`` 0' � T o p l O� O � �S•\' D0 ��• b /��,?j. hb,� ,� O \�1" 9 ►o-a \► / o RM 7 �. A7 � a4l b 7 `ry s 9 �\•�� 0 0L ` \oo `poo I��Lb` Q °0' eo46 12 2 !V' _ �J � •lam- '�" ;'= _ i - Now (3( R - TT1 G3` Tu R 9; b R7 13J R" m lit -Z m : n . � �. � � •_ = z mL Rim .S@l ~ - vzm a nMI. = g$ kA _$.A W + YESa« 41NCe,�3�AGINDA DATE ITEM _ M E M O R A N D U M TO: CITY COUNCIL August 13 , 1984 FROM: PLANNING DEPARTMENT SUBJECT: TENTATIVE PARCEL MAP 6-84 APPLICANT: Catherine C. Davis (Kennaly Engineering) LOCATION: 8870 San Gabriel Road (Ptn. Lot 11, Block 33) REQUEST: Approval to create three lots of 2.9 acres each from an 8.7 acre parcel utilizing the lot size reduction adjustment. On August 6, 1984, the Planning Commission conducted a public hearing on this matter unanimously certifying a Negative Declaration, denying the requested 20% minimum lot size reduction request, and approving the Tentative Parcel Map for creation of two lots subject to the Find- ings and Conditions contained in the attached Staff .Report with modi- fication to Condition #6 to read as follows: "6. Drainage and erosion control plans, including devices to carry drainage flows beneath San Gabriel Road and to con- trol and channelize drainage on the subject property, pre- pared by a Registered Civil Engineer, shall be submitted for review and approval by the Public Works and Planning Depart- ments prior to issuance of building permits in conjunction with installation of driveways, access easements or struc- tures. This shall appear as a Note on the Final Map. " There was considerable discussion among the Commission concerning appropriate drainage improvements for the drainage swale on the prop- erty, proper mitigation of all technical aspects related to the pro- ject, and the feasibility of allowing or disallowing the 20% reduction adjustment in minimum lot size in light of the constraints of the site. It was the Commission' s general consensus that a three way lot split would not be appropriate due to the site' s flood hazard and drainage problems. John Kennaly, representing the applicant, spoke in support of approv- ing creation of three lots and presented technical information that would mitigate some of the drainage problems posed by the site. Pat Silveira, San Gabriel Road resident, noted her opposition to the project because of the severe water runoff onto San Gabriel Road and presented the Commission with pictures 'of the subject property before and after a rain. Robert Brown, San Gabriel Road resident, spoke at length about the drainage problems with the property as well as the steepness of the site and noted his strong opposition to the lot split. Mr. Pitt, San Gabriel Road resident, spoke about some of the concerns he had with the property. No one else appeared on the matter. l WAYe LOFTU8 RALPH H. DOWELL JR. Planning Director Acting City Manager 2 M E M O R A N D U M Planning Commission - City of Atascadero _ Date: August 6,1984 Item: B-1 (Tentative Parcel Map 6-84) Past Action: This item was originally scheduled for a public hearing on June 4, 1984. At the request of the applicant, the item was continued for 30 days. On Thursday, June 28th, the •applicant submitted a revised plan of the proposed building pads, driveways and drainage improvements. Since this was only two working days before the scheduled public hearing of July 2nd, Staff was not able to eval- uate the modifications. At the July 2nd meeting, the applicant again asked for a 30 day continuance, which was granted. Analysis: Review of the revised plans indicates that a great many engineer- ing calculations have been done on this project. The applicant' s engineer has revised the location of the proposed driveway through the parcels, changed the pad and access on Parcel A, changed the driveway on Parcel B; moved the pad on Parcel C and channelized the lower half of the drainage swale that flows through the site. Additionally, the revised plan indicates the installation of a 36" diameter concrete pipe under San Gabriel Road to meet drainage needs. All the building pads are located out of the 100 year flood elevation. The channelization of the lower half of the stream bed will serve to collect and direct water flowing from the rear of the lot (the more defined channel) and to intercept water from the drainage area to the west (pointed out by the neighbors) . These improvements would appear to mitigate all the technical con- cerns related to this project. Although technical concerns have been addressed, the findings that must be made for lot size reduction prompt other questions. The Zoning Ordinance indicates that to grant an adjustment, special circumstances must exist concerning the subject property. As the Commission is well aware, the Zoning Ordinance, as the im- plementing tool of the General Plan, establishes certain minimum standards for development including lot size. Also included in the Zoning Ordinance are criteria thought to be suitable to allow a lot size reduction of up to 20%. Planning Commission should factually establish the reasons for a lot size reduction which may not include the simple convenience of the applicant. If the ap- propriate facts cannot be established, the granting will assume the definition of a "special privilege" and as such, will compro- mise the integrity of the decision making process. v Maintaining a zoning ordinance with flexible development standards is, at best, a difficult situation unless specific factual criter- ia are included for evaluation in the decision. Absent this cri- teria, all parties to the decision are at a disadvantage. This particular request does not include an explanation or reasons that the reduction should be granted. Subject property includes a water course, rolling hills and some significant vegetation not unlike virtually every piece of property in this area. Absent more definitive criteria and absent land forms or features differ- ent from other portions of the City or surrounding area, it seems illogical to routinely allow the reduction of lot size for this proposal. Recommendation: Staff recommends approval of Tentative Parcel Map 6-84 to create two lots and further recommends denial of the requested Adjustment to reduce the minimum lot size based on the Findings that follow and the conditions contained in Exhibit "A" of Staff Report dated June 4 , 1984. Additionally, Staff recommends that the Planning Commission certify the attached Negative Declaration as a complete and accurate document consistent with the provisions of CEQA. ` 2 Kms '' �r�6i %`L - /►^�� yl�..� l f^/ ,1 14, sv� 17 971;" /Oct- ycSql? l��-cx� j c) i t= ✓rte or / /94 1,76✓AJ)9 �s P-13 l !J 6 pi TD (IVF ✓� c7 �'��F`'�t� 70 t-e—fit' L v- 1- w�-; ` ✓�✓ 77 (77 G"r,j fjjz- 7� �5 ,�? C car /� -? .) 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Tentative Parcel Map 6-84 : Continued public hearing to request division of 8.7 acres into three lots of 2.9 acres each in the RS Zone requiring use of the reduction adjustment at 8870 San Gabriel Road on a portion of Lot 11 of Block 33 - Davis (Kennaly Engineering) A Negative Declaration to the provisions of CEQA is to be certified. John Kennaly, representing Ms. Davis, spoke in support of approving the adjustment request for allowing creation of three parcels and addressed the technical concerns of this issue. He pointed out that San Gabriel road was built about two feet above grade with an 18 inch culvert provided under San Gabriel which has caused back-up of the creek. Mr. Kennaly spoke about the original proposal which had been revised due to construction of an adjacent residence. Mr. Kennaly further commented that the main issue is what the policy decision is concerning the 20% reduction factor. Pat Silveira, 8865 San Gabriel Road resident, showed the Commission some photographs on the subject property before and after the rainy season. Bob Brown, San Gabriel Road resident, expressed his opposition to the creation of three parcels due to the extreme water-runoff condi- tions, the drainage swales and the steepness of the subject property. Mr. Brown also noted that a Lot Line Adjustment was approved a year ago on the property to allow four 2 1/2 acre parcels across the way in order to get another parcel on an adjacent cul-de-sac. Mr . Brown further addressed the road issue with regard to sight distance and access, and noted his extreme opposition to the reduction request. Mr. Pitt, addressed two concerns that he had with the project, which included erosion of the roadway due to the water runoff from San Gab- riel Road and concern with nitrate that might affect his well by the water running downstream. Commissioner Moore expressed some mixed emotions concerning a two-way lot split even if a 36 inch culvert would be provided under San Gab- riel Road and commented that there needs to be some definite control on the flood plain. Commissioner LaPrade concurred with Commissioner Moore' s comments and noted he had lived in that area forseveral years. He stated that it appeared that the existing culverts were not ade- quate and that if a 36 inch culvert was good enough for three lots, it was surely good enough for two lots. Commissioner Lilley felt that this was not an applicable parcel for a three-way lot split and noted that this issue creates difficulty in allowing flexibility with the ordinances to allow development of prime property with the reduction of lot size adjustment and the factors involved with determining this adjustment. Commissioner Wentzel and Chairman Summers concurred with the comments made by the rest of the Commission. There was discussion concerning the 20% reduction in that this adjustment has not always been applied in the manner it should be. Commissioner Moore moved to deny the the 20% reduction adjustment and to approve a two-way lot division subject to the Findings and Condi- tions as set forth in the Staff Report with modification to Condition #6 to read: 6. Drainage and erosion control plans, including devices to car- ry flows beneath San Gabriel Road and to control and channel- ize drainage on the subject property, prepared by a Regis- tered Civil Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The motion was seconded by Commissioner LaPrade and carried unanimously . ADOPTED JUNE 27, 1�`` )d r RS (Residential Suburban) Zone 9-3. 141. Purpose: This zone is established to provide for large lot residential uses in areas outside the Urban Services Line or in other areas where large lots are desirable to protect land uses and buildings subject to inundation, steep slopes or other hazards. 9-3.142. Allowable Uses: The following uses shall be allowed in the Residential Suburban Zone. The establishment of allowable uses shall be as provided by Section 9-2.107 (Plot Plans) and Section 9-2.108 (Precise Plans) : (a) Farm animal raising (See Section 9-6.112) (b) Home occupations (See Section 9-6.105) (c) Residential accessory uses (See Section 9-6 .106) f (d) Single family dwelling (e) Mobilehome dwelling (See Section 9-6.142) (f) Temporary dwelling (See Section 9-6.176) (g) Temporary or seasonal retail sales (See Section 9-6.174) (h) Horticultural specialties, where no permanent retail facili— ties are provided (See Section 9-6 .116) (i) Collection station (See Section 9-6.130) (j) Skilled Nursing Facility, where the number of residents under care is six or fewer (See Section 9-6.134) (k) Residential care, where the number of residents under care is six or fewer (See Section 9-6.135) (1) Agricultural accessory uses (See Section 9-6.109) (m) Utility transmission facilities (n) Pipelines, where pipelines are below the surface and where pipelines are not used to convey toxic or hazardous sub- stances other than gasoline, crude oil, natural gas, lique- fied petroleum gas or liquefied natural gas (o) Temporary Events (See Section 9-6.177) (p) Accessory storage (See Section 9-6. 103) (q) Roadside stands (See Section 9-6 .117) 3-6 ADOPTED JUNE 27, 94 9-3. 143. Conditional Uses: The following uses may be allowed in the Residential Suburban Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional Use Permits) : (a) Surface mining (see Section 9-6.151) (b) Churches and related activities (See Section 9-6 .121) (c) Schools (See Section 9-6.125) (d) Mobilehome developments (see Section 9-6 .143) (e) Rural sports and group facilities (See Section 9-6.124) (f) Crop production and grazing (See Section 9-6 .113) (g) Animal hospitals (See Section 9-6.110) (h) Skilled Nursing Facility, where the number of residents under care is greater than six (See Section 9-6 .134) (i) Residential care, where the number of residents under care is greater than six (See Section 9-6.135) } (j) Pipelines, where pipelines are not below the surface and where pipelines are used to convey toxic or hazardous sub- stances other than gasoline, crude oil, natural gas, lique- fied petroleum gas or liquefied natural gas k ( ) Livestock specialties (See Section 9-6.115) (1) Bed and Breakfast (m) Agricultural processing (n) Forestry (o) Caretaker Residence (See Section 9-6 .104) (p) Mining (See Section 9-6.159) (q) Organizational houses (r) Petroleum extraction (See Section 9-6 .148) (s) Kennels (See Section 9-6.111) (t) The following uses were established in a residential struc- ture of historical importance: (1) Broadcasting studios 3-7 ADOPTED JUNE 27, 1 (2) Business support services (3) Libraries and Museums (4) Offices (5) Personal services (6) School - business and vocational 9-3.144 . Lot Size. The minimum lot size in the Residential Sub- urban Zone shall be two and one-half (2 1/2) acres and may range up to ten (10) acres depending upon conformance with performance standards established in this Section. (a) Performance Standards: The following performance standards shall be evaluated for each lot in determining its minimum lot size. (1) Distance from the Center of the Community: Using the Atascadero Administration Building as the center of the Community, the lot size factor based on this performance standard shall be 1 DISTANCE LOT SIZE FACTOR 0 - 8000 ' 0.20 8000 '-10 ,000 ' 0.25 10,000 ' 12,000 ' 0.30 12,000 ' 14,000 ' 0.40 14,000 ' - 16,000 ' 0.50 16,000 ' 18, 000 ' 0.60 18,000 ' - 20,000' 0.75 20 ,000 ' + 0.90 1. To be measured as radial distance using map maintained in Planning Department. (2) Septic Suitability: Using generalized soils data from the Soil and Conservation Service Reports, the lot size factor based on this performance standard shall be: 1 SCS RATING LOT SIZE FACTOR Well suited 0.50 �^^ Moderate 0.75 Slow 1. 00 Severe 1. 50 1. Refer to map maintained in Planning Department. 3-8 ' ADOPTED JUNE 27, 19 i (3) Average Slone: Using the Basic, Sectional or Contour ' Measurement Method, the lot size factor based on this performance standard shall be: SLOPE , LOT SIZE FACTOR 0 - 10% 0. 50 11 - 20% 0.75 21 - 25% 1.00 26 - 30% 1.25 31 - 35% 1.75 36 - 40% 2. 00 40% + 2.25 (4) Condition of Access: Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: CONDITION LOT SIZE FACTOR City accepted road 0.40 paved road, < 15% slope 0.40 paved road, > 15% slope 0. 50 all-weather road 0.75 < 15% slope all-weather road 1. 00 > 15% slope unimproved road 1.25 < 15% slope unimproved road 1. 50 > 15 slope (5) General Neighborhood Character : Using the average lot size of existing lots which are zoned for single family residential use (except that lots larger than 15 acres shall be excluded unless they constitute more than 25% of the total number of lots) within a 1500 foot ra- dius, the minimum lot size factor based on this perfor- mance standard shall be determined by multiplying the average lot size by 0. 2. (b) Determination of Minimum Lot Size: The minimum lot size shall be determined by the sum of each of the lot size fac- tors for the performance standards set forth in Subsection (a) of this Section. (1) The most current information shall be used to determine the lot size factor. - Where information is not avail- able, the Planning Director shall determine which lot size factor shall apply. 3-9 ADOPTED JUNE 27, 19 (2) If more than one lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in exis- tence at the time of filing an application unless infor- mation is included with the application which will alter a lot size factor. (c) Adjustment to Minimum Lot Size: The Planning Commission -may reduce the minimum lot size determined by Subsection (b) of this Section by an amount not to exceed 20% when consid- ening an application for a land division. (1) Application Requirements: A land division applica- tion, which requests the 20% adjustment, shall include the following, as well as any other information deemed necessary by an applicant to support his request: (i) Proposed building sites, including average slope of . the building sites; (ii) Proposed location 'of private sewage, disposal system; (iii) Prel� inary plan and profile of driveways including slope; (iv) Preliminary grading plan for building sites and driveways. (2) Required Findings: The Planning Commission shall ata .-- prove an adjustment only if it finds that,-- (i) hat:(i) There are circumstances applicable to the property__ including shape, topograph , location and surround- ings which warrant use of specific site information rather than generalized area information in deter- mining lot size. (ii) The specific siteinformationsubmitted clearly demonstrates that the adjustment in lot size is warranted. (iii) The granting of the adjustment will not adversely affect the health or safety of persons, be mater- ially detrimental to the public welfare, or be in- jurious to nearby property or improvements. (iv) The granting of the adjustment will result in better utilization of the affected property. (v) The: granting of the adjustment is consistent with the General Plan. 3-10 5993 Traffic —ay 466-111j� „0__ Tit.- of .''•,ta oc^dero ontinn: 2r. Henry -'n e .l _ nni ngrector n, o- 747 A&3013ro, CA 73423 -2r-84 Y) Qnr Henry: recent on r s. , 5 Ur _ conversation?�":. :,i,lU:l �iil�' .1 .i _�.. lN,)._,o�.,,� - Prnn _ ' 7 �' 1 -' 9 centered '_J, kn,-2'.. . ch n nri 4 __ ^ n our recueEt _o �r_ _ � � rrr _ _ r ��-_r3 .. lot._ . iq ,ropert_ drrin a t Tl ti rcrus. ThV are.. in turn su"Ili e s "ProyinotelY 32 pprcynt of the flow which 1 It`m. t. ly r�PcKoa �tlscalero Lake. ttoccajer- Loki R ON major source of flooding n the __ !a...na-7acorid, drainage areas. n r;.d'.ctio in t eak =low leavin the '-'.rwjact site could significantly reduce the ea t flow 1 vii cMego take . This i�turn wo _- reduce j.hn sizer e con Tor� '�ce f E cili y needed el o�^f' .,_ C:.der , Our current pro^c's l l_0 essentially to 7roduc e c flood-fres ca n- d'_tio n an th; lower 3ort=0n on N ., 7avis pro :=rte,' hi ch is currently su',,j e c t to inunJ;- u r'_:t1,,. vrrl cmall-myInitude storm events. Tur new qrc osel is to _ :toll decu_.zte hydraulic lic c,ntrris to t4rottle the peak of the M -pe=r-r turn-inter; U glow no 5he 1=?_ Of The li -year flow. This could easily bp2cconilished by vsinZ culverts and weir control Ci' the drlvw.:y to divert nnd stcre thr recuired volume. Th? ancloc d calculations YhC'':`r -th:-: riquired volume to reduce M-.-= lean flo':. to .:he W-yonr oenh : nd to oae-half of the 12-707r Cir . _ should he Joint a u h + h e s Jc m needs to :ro id? An recuirad vol"no L4,.` off-channel cuornZa. i1 the starn7o is incWdet Ecr, h '.o - `rionrvUi ' and cniv .uliior reduction ..n '- e&-r. flow iE `,r:_ci _ _e. This is ossentially 1,_._ st&t2 in ..:,h c'._ tho irons-tirons-ty curron t1.. exists. Tt is ooszible to T.' _.. ..k flow r luc .. _Un than 'ir "C1 'C it ` h _.li vee ...that , 3 _"i X ?' _lnr.;vlted is rbout one-helf the t._1=-year 1n..,.k or -bort5i No. SD lliX_-n_-.J. 1,_r)w , .__ grin,- i c ?rZvi __a .1.. 00 No. i enr7- �n n nctob-2r 4, 1","4 2 ll','t Cir: 'Ca Et . ,%T re ice. rformned on ea of yr1P_ irop05eC1 7:rIc2Z` to inv, i -;e the ui bili`, o� 1 th•= col 1 fo.r individual on- f disnV.C'�1 CZ,7E_t s r17, n wl l, .y 4 gym. . n -)erc.,T_tiorz tests all _Drovod nccu=- -' and are t+ chad _ -Ve what tr_e : ni cu C, ) oi7 its- o� project to r i ot-e m floC ' — con c� �i cor;b= d T, it s cth^r specific site of Crm,n- tion, ,)revue the f3cture:� ;?r'C�t�',C to C17t_i��T _P th ? i se r �� l., or use + l ? of-s ,cf,ac io n )r:)Vl�ev �O" l :^ r+' Cil �'• �r !]� y _ 1 n ^J Zemin ordinance• C _ con s n ,.,7.ci y develo-) r- le �ulldi s i l t Ml v 1 _ltd nC ud� na tion. `) cJ. ,c` me )cse^ 2.q- ;.cre lot,:. ^h; " .7e Vvl r i�r '� _ ei :; <)r h^p ? ^, 1 :1 _ ^_@rfr . pro-pertics ^r�:.• R'' T i, � ,: ^ivy �I site is "5 ;0 1 V .L T'^iiA i n:)�.. `Cl'o0i alt? sr:. '�_ rC�� _. _ �'�• the sewer di .rict need to a:-, C- 0ri£el 'L.o .d rronti th ^ ro�ert;�• ?"��:� road h _)v r n ' su,�'^,�^d from ;he n ,• s9 =r•• c a 70I1C.1i1:.: - l l y C 4'�'3 v'J T - .� l ,� �, � � l �� ensure the instal:- z : C_1 ^^ n? `'j�0„: : -, tr;t- t z CO?:1"?lE'ti C.l O` O{'f til ,1 )rove eats zc) that our thr” e-lot nrono: ?.l cc.n 'J C' aoproVed• I� hve an , ou-ytion , ,� ea�.� c 11 mna t 4"-('-7 _nc9re,l.;? DIM 'ennaly 31 3`g nclo.,--rc-s : lculLtionL 3 )ercol.ationtests 're i m- ii r ti i gid - l/ P Lot ''� ��-�` .33 ' i �7 of`1'�c ` 107�� I �c — Z 2 �y (O-1fEi9/j- TIw1� (,v4) (FT s) C fT�� (FT S) . ( I IO 3.45 .66 / dZob I Z 2goo -7 20 i ! S 30 2,35 A /7S P? //700 6d, Yo y /,9 0 /< 2 zo S% /o';60 0 /t -7/ =�- 60 /.so /,Sri i qs 7 /36, 3()o 1751- /S 9p /.ZS /. 8iS Z $9 9`�F, los Z 0 O 8 /r7b /2,0 /,( Z 2. 2 6/3 9 2 73, Eva 7Z/ 79 q v�5,✓ .�3 1 ifs 000 57,06/ 6�/s°O 6 31 ley Z 90 000 4-1y/ 7 4 /3S,/ ovd 70L •�' Z? 0,000 I i 21 33F«.) --r0 opt - 2r o- 1 - f' TI m- S o(;vrT-! ,. p x/}2<_3 0')Trt4--' S.T02FI 5�` 10 .?,.GS r66 /OZob t Z 2800 ��j Zo l s q'712 oeZ 2p 23S % 175' P? //70C �rgjYO0 / / 31300 cF S /,9 0 �, �?s z 2o,?.S% /02, 600 /1 -71 -2s 6Q /S c70 /,Zf /. 87-� 2 ` 9g�f6 205' 200 2 73, bon 72-/ 799 Po�JiDC cJ<YT 3r6A et 41`S 000 15-7/06/ 615-00 63 ,fZ '70000 y y i /3S 0vo y9 -700 2o2 -5'00 Its "OV 0 i nrl•al" ?.%1 r i i F'f"� �1"Vj Ata:-cac,oro , C. c31,.23 :'_s . Ca thf=rine Davis Fox 9CO X31,.23 October 1, 19; 4 G2c-84 7aRpr�pc a 1 '-I� O c • ,r . LD LOT , 7 C'..7RIL : ROAD Dear Catherine . (:n eptember 25, "04, percolation tests it-, ,tascadero reouiresents were pe conformance with the City Of " rforined on thy. subject nronerty. In addition to the nercolation tr',ct holes, a deep bo.rin to 15 feet 1-_o performed. The results of the deer boring are listed the _ on . bori n:, log at.. the end of thi. report. Also, the location of the :�er•col tion tests and the deer borin? are shown on a site man. nercol<,nt f or Te:,t rend: ( i nche� t , mn n/'1, ch - ) Percolation Ra �� I � 1 � 2 3 2 14 11 3 28 8 4 1081 5 The abov r-:cult:- i_ndic,-.te that; .� conventional soil absor,ation system maybe installed in the location of the test The system s �` exceed 140 :inche. i.n denth me Y r1 houlu not aaured fro:r. the ori�*inal ^round surface, unless de.`e,)er supoler:iental nercolat:ion tests are nerfcrmed. The desi.vn and -,cast I location are subj^ct to the setbacks and standards con"'nined in the Build-i.r;f., RE-%Z111,;-t ions. de,•ig n nercola tion rate of 14 ri!inl-it'„ per inch is .recommended for this site. Resi n alts rnativ.�F- ar- available through our office. For desi.�n percolation rates -rea.ter than 3,** minutes ner inch the syct-r r;;uct 1-).: deem-nod i_nsnecte ' civ; 1 enr'ineer in addition t�'D the BuildingrDepwrtment�'finknection�andteJ~ed a>��ronal. - F'e?)t i(- s,,.rstern de.sic-rl Banc? lnst:r].latio?7 7lone will =,c,r, (n.:ure continuous l.onrr t =rm nroble:;.-free opera';ion. it is elso , _ P ; n cessar� to n ryodicall�r check the Keratic t rnk for the amoi.;nt of -ccurnula , If loft too ion- without t' on of inert material. -)mm�in7, thn inert material will be discharged into t-,he 1 :, c;,: f'leld and r!!sult' in irreparable damai- However, with prover maint,nance and septic tank oulnnin-7) the se:�tic s�rstem life sho,,ld i.;n 20-30 ,ears or lon7ar. If the se ratio tank s i.. pumped when neceosar,:r, other leach-line failures can usually be torr et-.d nuic':cly and in-�cpen ivy>lv. If you. have any nuestion, concerning design, instal- lation, oocrr,tion, orm�aint:on,'ance of th,- system, pleas yc(� 1act our Office ,% 4r16-6!��:)n• ncerel-,, John :�ennaly R. C.' 31T'3c SOIL BORING LOG Kennaly Engineering & Surveying 5993 Traffic Way J ?'. 0. Box 119$ Atascadero, California 93423 Telephone :- (005)466-6$2$ Date October 1, 10$4 Location "970 Ga1)ri 1 Rd. Job • opo sec oil Description Consistency "loisture Remarks 1 Dar': brow,. silt« sander claytiff SliCD 2 moist 3 Ti.'ith large se=nds at three feet 4 5 TioI-St 6 7 9 . 10 11 12 I ii E 13 ' Yellow-hrai•:n weathered rock Very Dr r ( s-;ndstone ) w .th -ilt eom'Dact y 14 , 15 I 'To free ground- water i�rv.:. ,, i�, • 5( 113 "r�ffi e -'l . 4. -0-6 '77 r.tascad'ero, C, ��fy23 c' Catherine Davis Atascadero , x3423 October 1, 104 RO P TED LOT 2, 5' 70 ^;rtir G'BP�IEL ROADDear Catherine On >ntember 25, 1nP 4, percolation tests in conformance with the City 01 �:t::scudero recuirement were performeds In additio:l to trr -iercolation test on 'the ubjec'-. prooerty. wr s til So nerfcrrned. ' The rem � holes , a deep bor�_n* to 15 feet moult: of. the deep boring- are listed on the bori.n- lorr at the e=nd of this report. also the location of the percolation tests ane? tha de-p* `coring are shown' s• r, on a site mar). °ercol �tio- TeFt nenth ( inches) Percolation 7'ste 2 lU� (r1 n /inch) 14,- 3 3` 4 54 11 38 lO The �-I bo.✓e results. alts indicate that conventional soil absorption system ma- be instr.11ed in the Location of the test. "' exceed 51a. inches in depth, m,? the system should not unlunlF�sc �ieent:r v , �1.rment�il measured from the ori'E"'in'd � � r.. i_- percolation tests are n � j rounc, L11^, ace , n . nd -Yort �_oc, ti_on are s eryormed. The subject to thn setbacks and standards contained in thf- ruildin- i?e�ula coins. p'ei;I� nPrcolatJ Ot? n for this site. rat._ of 2) minutes ner inch is recommended Design alternatives are available For desi- , percolation rate moble throuV11 our office. system must s seater than O be desi 3 m' nutes per inch , the ped, inspected, and certified to work by a civil engineer in addition to the 1 registered anproval. h Building Department ir,snection and "epti.c system design and instal.latio- r-Il.one will not ensure contin lon,r-t(-,rrn problem-fre=e operation. It is also n- uous odicalli chec'_ the septic tank for the araount of accumulationaof inertrmatterial.r If left too longi' without pumping', the inert material wi.11 be discharged into the leas" field sand result in irreparable damage . Proper mai ntenance and septic tank nuraning, the s c)t'ic s�?ow ver, with shcule? h 20-311 �:�ears or 1 yst gra life or:r .erg If the septic tank is numned when nect� sartr, other 1 each-lin: failures can usuall- anc i.nexpe nsively . r be corrected qu= ckly I If you haven any questions concerni.n- desi7i ) instnl- lat _on , oneration, or maintenance Of the syst?Im nlease contact our office at 466-6`2ry Di_ncerel.v, John Kennaly SOIL BORING LOG Kennaly Engineering & Surveying 5893 Traffic Wav P. C. Box 119$ : Atascadero$ California 93423. . ._ Telephone : ($05)466-6$2$ Date October 1; 19$4 Location�-'M San Gabriel Rd. Job . 7ron6sed lot 2 4oil Description Consistency "oisture Remarks 1 P.arl: brown silty sandy clay Stiff Slightly with small shale moist 3 _ 4 Increasin , 5 moisture $ : 9 10 Ihcreasin? clan content Moist 11 Yellow-brown weathered 12 n w��.thc..r..d roc.t Compact Slightly. - ( sandstone moist 13 14 15 No free ground- water _,: ^n7; neero 5''93 �`�r?ffic .:a, 146,6-6 ° 0 �o.,; llr` ry CA .;3423 Ms. Catherine Davis ?. 0. Box COO AtaEcadero, 0303 October 1, lose , ''R0 0; ED .O 3 ; a870 S.AN G;:BRIFL Rpt'D Dear Catherine: On September 25, 1984) nercolation tests in conformance with the City of Atacca;3ero recuirements were performed on the subject property. In addition to the percolation test holes a deer boring to 15 feet was also performed. Th:: result- of the deen boring are listed on the borin^; lor; at the end of this report. Also, the location of the percolation tests and the deep bori.n r , are shown or, a site map. .ercolation Test Dent's ( inches) _p ercolation Rate (min inch) 2 30 27 1l 3 128 15 4 28 1p The above results indicate that a conventional soil absorption system may be installr-d in the location of the test. The system should not exceed 1-20 inches in depth, measured from the. orii.nal ground surface unless deeper sunnlen:ental nercolation tests are performed. The 3 design ?rid ex,;ct location arp subject to the setbcics and standards cont:.. ined if, the 113uil.di..nn;' Regulations. A min-mum design nercolation rate of 20 minutes per inch: is recommended for this site. Design alternatives are available throur-h our office. For desiPn nercolation rates greater n ' system rust be des ' ;�rea.�er than 3� minutes per inch, the l ,,ned, inspected, and certified to i,*ork by a registered civil engineer in addition to the Building Department insper_tion and approval. r `Petit system! desir-n and installation alone will not ensure continuous long-ter.,, problem-free operation. It is also necessary to periodically check thy: septic tangy, for the amount of accumulation of inert material. If left too longi; 1-rithout purripin�, the inert material will. b- discharged i? into the leach field anre:ult in irreparable damage. However, with ?goner maintenance and septic tank numpin*- the septic system life should be 20-30 years or longer. If the septic tank is Humped when necessary, other leach-.Line failures can usually be corrected quickly and in =xnensively. If you have any e ue-stion: concernini- design, instal- lation, oneration, or ma..int�nance of ��,st^m please contact our office at. 466-6s,2.,_ , :4ncerely, John Kennaly R.C. E. 31. 39 _v SOIL BORING LOG 1.1 Kennaly Engineering 8 Surveying 5ng3 Traffic Way •: �, Box 119$ Atascadero, California 93423. . Telephone: ($05)466-6$2$ Date October 1, 1984 Location 0870 `'an GaI-riel RoaJob # 029-$4 Pro DoSe rot_` :'oil Description Consistency "oisture RemarkKs a 1 1)n.rk brow1 silty sander clay with 1-oderately Slightly small shale stiff moist 2 i - 3 u tiff 4 Moist 5 1 7 Li. ht broom weathere a rock Ver-, Slightly (sandstone) comoa.ct moist j 10 � ll ' 12 i j 13 14 15 No 'free ground- {. water ADMINISTRATION BUILDING MFEVNGAGENDA 0'A J CITY ATTORNEY POST OFFICE BOX 747 • L^+r'T= �� _ POST OFFICE BOX 749 ATASCADERO, CALIFORNIA 93423 ADERO, CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466-5678 CITY COUNCIL CITY CLERK CITY TREASURER POLICE DEPARTMENT 0 POST OFFICE BOX 747 CITY.MANAGER INCORPORATED JULY 2, 1979 ATASCADERO, CALIFORNIA 93423 FINANCE DEPARTMENT ® PHONE: (805) 466-8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT - 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 PHONE: (805) 466-2141 REPORT OF THE CITY ATTORNEY For the Council Meeting of September 24, 1984 No. 30 1. REPORT OF THE LEAGUE OF CALIFORNIA CITIES LEGAL ADVOCACY COMMITTEE At its regular meeting on June 29, 1984, the Legal Advocacy Committee reviewed some 30 cases of significance to cities. The committee urged city attorneys to consider joining as amici in the following cases: • a. Friends of Horizon High School v. Board of Trustees This case involves the remedy provisions of the Brown Act. The board of trustees, while in closed session, discussed closing an alternative high school, and then voted to close the high school at a subsequent public meeting when the subject was not listed on the agenda. Upon advice from counsel, the board properly placed the matter on the next agenda and, after discussion, again voted to take the same action. Two significant issues are raised by this case: 1) Whether there are civil remedies available for violations of the Brown Act; and 2) Whether a subsequent governmental action taken to cure an action in violation of the Brown Act is valid. Recommend joining in the amicus brief. b. Buie v. City of Dinuba This case is pending in the District Court of Appeal. It turns on the question of terminating an at-will employee without judicially recognized "good cause". The issue arose when the city fired its police chief. He was given notice of the suspension, the reasons for the suspension, a Skelly-type hearing before the city council, and finally an independent hearing before an administrative law judge. The ALJ found that judicially recognized good cause did not exist to dismiss the chief, but judicially recognized good cause is not required to terminate an at-will employee. Recommend joining • in the amicus brief. REPORT OF THE CITY ATTORNEY September 24, 1984 - No. 30 Page 2 Other cases called to our attention by the Legal Advocacy Committee include: c. Shaw v. City of Fortuna The court found that a probationary police officer terminated for "unsatisfactory performance" deserved an administrative appeal. This decision is in direct conflict with the recent decision of Swift v. County of Placer, 153 C.A.3rd 209. In Shaw the court held that the mere dismissal of a probationary employee was punitive in and of itself, entitling the employee to an administrative hearing. d. DFEH v. City of San Jose This is an action now pending before the Fair Employment and Housing Commission. It concerns the city not hiring a police officer appli- cant because the medical examination revealed the applicant had a back ailment called spondylolisthesis. Under the city's civil ser- vice rules, adopted pursuant to charter authority, the back ailment disqualified the individual. e. City of Rolling Hills Estates v. California Unemployment Insurance Appeals Board This is an adverse appellate opinion which held that a school cross- ing guard employed by a city at the request of the school district was entitled to unemployment compensation during regular school vacation and recess periods. f. J.W. Jones Companies v. City of San Diego and City of San Diego v. Holodnak Both of these are appellate decisions which uphold the use of spe- cial benefit assessments to finance new public facilities in a developing area. g. Hollywood v. City of Santa Maria This is a comparable worth action now pending in the Federal Dis- trict Court, Central District. The plaintiff seeks declaratory, injunctive, and mandamus relief, as well as punitive damages for denial of equal employment opportunity and denial of equal pay for work of comparable worth. h. California Restaurant Association v. City of Long Beach The court held that the city could not restrict the sale of alco- holic beverages between the hours-of° 8:00 a.m. and 10:00 p.m. as in conflict with state law. REPORT OF THE CITY ATTORNEY September 24, 1984 - No. 30 Page 3 2. RECENT DECISIONS OF INTEREST a. Employer May Not Fire a Retired Employee The C.A.3rd has held that once a person has retired from his job, he is no longer an employee subject to termination. (Cozier v. California State Personnel Board, C.A.3rd, July 9, 1984.) b. Liability for Inverse Condemnation The C.A.4th has held that a city may be liable for property damage resulting from its negligence under a theory of inverse condemna- tion. The court held that under Article 1, Section 19 of the Cali- fornia Constitution, any damage to real property cause by a public improvement is compensable regardless of whether it is foreseeable. (Seymour v. Superior Court (Anaheim), C.A.4th, Aug. 6, 1984.) c. Tort Claim Settlement Agreement is a Public Record The C.A.4th has held that portions of a county settlement of a tort claim are not confidential and are subject to public disclosure. This included internal investigation by law enforcement officials, investigation records, notes, etc. The court held that the public interest in their disclosure outweighed the public interest in non- disclosure. (The Register Division of Freedom Newspapers, Inc. v. County of Orange, C.A.4th, July 31, 1984.) d. Confidential Traffic Reports Not Discoverable The C.A.2nd has held that a trial court may not order disclosure of a confidential police traffic report to anyone other than those designated in the applicable Vehicle Code provisions. (State of California v. Superior Court (Hall), C.A.2nd, July 27, 1984.) e. Preferential Parking Program Held Valid The C.A.2nd has held that a preferential parking program adopted by resolution by a city comported with the requirements of § 22507 of the Vehicle Code and was therefore valid. (American Tunaboat Asso- ciation v. Baldridge, U.S.C.A.9th, July 24, 1984.) f. Noontime Restrictions Require Overtime Pay The California Supreme Court has held that police officers were entitled to overtime compensation due to constraints placed upon their activities by their employer during their allotted mealtime. (Madera Police Officers Association v. City of Madera, Cal.Sup.Ct., July 9, 1984.) REPORT OF THE CITY ATTORNEY September 24, 1984 - No. 30 Page 4 g. Comparable Worth The U.S.C.A.9th has held that a claim of discrimination relating to compensating in employment fails when the claimants cannot establish that the disparity occurs in jobs that are substantially equal. (Spaulding v. University of Washington, U.S.C.A.9th, July 3, 1984.) h. No Personnel Merit Rights in Seasonal Employment The C.A.2nd has held that where an employee serves at the pleasure of his employer, he does not have a constitutionally protected "property" interest in his job and does not have a right to rein- statement upon termination. (Gaydowski V. County of Los Angeles, C.A.2nd, July 19, 1984.) i. State Officials Immunized From Civil Liability The U.S. Supreme Court has ruled that a state official does not lose immunity from civil liability for violating a citizen's rights unless those rights were clearly established at the time of the violation. (Davis v. Scherer, U.S.Sup.Ct. , June 28, 1984.) j. Rent Control The C.A.4th has held that a rent control ordinance need not be based on a formula providing for a reasonable return on fair market value. The court sustained the mobile home rent control ordinance of the City of Oceanside. (Oceanside Mobile Home Park Owners Asso- ciation v. City of Oceanside, C.A.4th, June 27, 1984.) k. Assessment for Special Benefit is Not a "Special Tax" Under Proposition 13 The C.A.4th has held that a special assessment levied on a developed based on a finding that the developer received a special benefit is not a "special tax" requiring two-thirds voter approval under Arti- cle 13A, Section 4 of the California Constitution. (City of San Diego v. Holodnak, C.A.4th, June 27, 1984.) 1. Conditional Use Permit Must Meet Mandatory Criteria The C.A.3rd has held that where the general plan of an issuing entity does not conform to mandatory statutory criteria which are relevant to the uses sought by the conditional use permit, the is- suance of the permit is ultra vires and invalid. The court found that the land use proposed in the land use permit application was not consistent with general plan elements. It also must meet required criteria relevant to the use sought by the permit. REPORT OF THE CITY ATTORNEY September 24, 1984 - No. 30 Page 5 (Neighborhood Action Group v. County of Calaveras (Teichert Con- struction Co.), C.A.3rd, June 8, 1984.) m. Due Process Rights Protected Upon Dismissal The U.S.C.A.9th has held that in the dismissal of a city attorney, the basic requirements of due process are met by notice, opportu- nity for a hearing, and the availability of a reasonable decision maker. (Jordon v. City of Lake Oswego, U.S.C.A.9th, June 8, 1984.) n. "Residence" Equals "Domicile" The C.A.5th has held that in determining whether a person resided within a district for the purposes of qualifying for an elective post, the trial court properly equated the term "residing" to that of "domicile". (Fenton v. Board of Directors of the Groveland Com- munity Services District, C.A.5th, June 7, 1984.) o. Employee Must Be Informed of Right to Rehabilitation The C.A.5th has held that an employer's duty to inform an employee of his right to rehabilitation benefits is triggered when the facts establish that the injury is industrial and it could potentially prevent him from returning to his occupation. (Babcock-Bucklin v. WCAB, C.A.5th, May 21, 1984.) p. Police Do Not Have to Comment During Internal Investigation The C.A.5th has held that the Public Safety Officers Procedural Bill of Rights Act requires that a police officer subject to an internal affairs investigation focusing on criminal activities must be apprised of his right to remain silent. If this admonition is not given, any statements made by the officer after the investiga- tion has begun are excludable. (Kelly v. County of Fresno, C.A.5th, Aug. 15, 1984.) 3. STATUS OF PENDING LITIGATION a. Larrison v. City of Atascadero This case was filed by nine police officers to obtain merit in- creases in their salaries since completion of their probationary periods and to collect the aggregate sum of $19,247 as damages for unpaid back salaries. The Superior Court decided in the City's favor. Petitioners have appealed. They filed appellants' opening brief on August 27, 1984. The City is now working on the prepara- tion of respondent's brief. REPORT OF THE CITY ATTORNEY September 24, 1984 - No. 30 Page b. Gearhart v. City of Atascadero This case was filed by petitioner to force the City to grant him a permit to collect solid waste. Following entry of judgment in favor of the City, petitioner has filed his notice of appeal of the Superior Court decision to the Appellate Court and has requested the preparation of the appeal transcripts. However, petitioner did not deposit the necessary money to cover the cost of the transcripts, and the Appellate Court is now in the process of dismissing the appeal. c. Daniel/Kelley v. City of Atascadero Plaintiffs William Daniel and Robert Kelley filed a declaratory relief action against the City on February 17, 1984. The City demurred to the complaint, and the demurrer was heard by Judge Warren C. Conklin on June 7, 1984. The judge sustained the City's demurrer, granting plaintiffs 30 days leave to amend. At the request of plaintiffs' counsel, City's counsel granted a 30-day extension of time within which to file an amended complaint. The 60-day period has expired, and the City has filed a notice of motion and motion to dismiss the case and enter judgment for City for failure of plaintiffs to respond. 4. STATUS OF PENDING PROSECUTIONS a. People v. Latham The above prosecution is for violation of H 9.3.142 and 19.040.0 of the Atascadero Municipal Code, establishing a residential use on a vacant lot by the use of a bus as a residence and building a structure without building permits. The defendant has retained Attorney Phillip McQuown of Atascadero to represent him, who has made some progress with his client in getting him to comply with the provisions of the law. Because progress is being made and, hopefully, complete compliance will be obtained, a pretrial hearing of this matter has been set over to October 4, 1984. Respec ully submitted, ALLEN GRIMES City Attorney AG:fr 9/7/84 MEETNN' AGENDA, -77 DATE {TE4�1 �._ • M_E M O_R A N_D_U M_ DATE: October 2, 1984 TO: Ralph Dowell, Acting City Manager FROM: David Catherina, Recreation Coordinator SUBJECT: Agreement of Performance for Equestrian Arena Ralph, Approximately 3 months ago several groups (now consolidated to form the Atascadero Horse Advisory Committee) approached the Parks & Recreation Advisory Board in regards to developing, the third phase of the South Atascadero Park. The master plan left the option open for developing the southern four acres with an equestrian arena. The Advisory Board carefully reviewed the proposal in context with the master plan. They have addressed problems that may arise with the development of the equestrian arenas. The Board agrees in concept to the attached Agreement of Performance with a special note to numbers 2 & 4. The AHAC • will develop and construct the arenas at no cost to the City (general maintenance will be handled by the City) . Construction plans must be approved by the City before initiation begins (conceptual plans attached) . The Advisory Board now sends this Agreement of Performance to the City Council for their approval in concept for this new development in the park. ;avid Catherina gh Attachment • AGREEMENT OF PERFORMANCE THIS AGREEMENT OF PERFORMANCE, is entered into by and between the City of Atascadero herein designated as "City" and the Atascadero Horse Advisory Committee herein designated as the "AHAC" and pertains to the use of a four (4) acre park site, to be used for equestrian purposes, that is located within the City of Atascadero at the corner of Halcon and Viejo Camino roads. WITNESSETH: WHEREAS, the AHAC is organized to raise support, materials and funds toward the development of the equestrian facility. WHEREAS, the City of Atascadero desires assistance in developing, promoting, fund raising and supporting the equestrian facility. NOW, THEREFORE, in consideration of the premises and covenants and promises hereinafter set forth, the parties hereto agree as follows: 1. That the City shall provider a. Four acres of land for the development of the equestrian facility. b. Trash collection as in other city parks. C. Daily maintenance as in other city parks with the exception of the arenas and after special events. d. Scheduling of the facility in conjunction with the AHAC. 2. That the AHAC shall provide a. Construction and development of the equestrian facility to include labor, materials and design of the site. b. Scheduling of the facility in conjunction with the City. 3. That the AHAC require contracting groups of the facility to provide: a. A minimum of $1, 000, 000 liability insurance for special events. b. Both men and women' s restroom facilities. C. Maintenance and cleaning of the facility. 4 . All work projects including construction, design, types of materials and volunteer labor must be reviewed and approved by the City before initiation begins. 5. The fee schedule will be established as to the type of activity, number of people and the ability of individuals or organizations requesting use of the site to pay. 6. The equestrian facility is a public facility and available to all qualified groups dependent upon the availability of the site. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the date indicated below. Dated 1984 CITY OF ATASCADERO ROLFE NELSON, Mayor Attest: Dated: 1984 GEORGIA RAMIREZ, City Clerk Approved as to form: Dated 1984 ALLEN GRIMES, City Attorney Dated: « J 1984 ATASCADERO HORSE ADVISORY COMMITTEE C Chairman Dated: 1984 SOUTH ATASCADERO PARK COMMITT J C U, Chairman y / \ CQ� (4w pressure Drip /rri'yotibn L e, \ syst: (SpoyntN' Yuainq \�o on efM eoch t tterS rhe) • d 2 Mom Areno sa-- \ \\ r SW cc 'ln Snoct bor/Restrm 6/dp Woter/ne •Po iif 'of Cannectibn, or 17efCr;irlSYo//07/Of7 YO,bH 4 v HORSE 5 :RO PARK ~� Drown by Tong PREL MEET4NO r AGra NDA /7, DATA: �e IT # • M E M O R A N D U M TO: CITY COUNCIL October 8,1984 FROM: PLANNING DIRECTOR At SUBJECT: 4511-19 MANANITA (Grading Permit) BACKGROUND: At the September 10, 1984 meeting of the City Council, several neigh- bors in the vicinity of Mananita, San Jacinto and Estrada complained to the City Council of grading and drainage improvements under way on four existing vacant lots. at 4511-19 Mananita. Action of the City Council was to refer the matter to a review meeting called by Mayor Nelson which was held September 13, 1984. In attendance were Don Vaughn, the owner ; John Kennaly, project engineer; neighbors; Glen Lewis, their attorney; Mayor Nelson, Councilman Molina, and the City Manager , Public Works Director, Planning Director, and City Attorney. • The history of the permit was reviewed and it was pointed out that proper drainage provisions are the responsibility of the developer not a requirement of the City - and, hence, a civil matter . The end result of the meeting was a conceptual agreement to a sharing of costs among abutting property owners to extend a 42 inch drainage pipe off- site to San Jacinto. PLANNING COMMISSION REVIEW: At the Planning Commission's September 17th meeting, Scott and Susan Vasgird, 4850 Estrada, appeared to express their concerns that there had been no resolution of the problem and they soughtadditional sup- port for their position from the Planning Commission. Action of the Planning Commission was to pass the accompanying resolution recommend- ing that the Council consider the matter further; direct staff to fur- ther review the specific plan on this property to insure protection of the abutting properties; and to initiate a re-evaluation of the City' s grading and fill ordinances to preclude such problems in the future. CURRENT STATUS: On October 2nd, 1984, the owner of the Mananita lots, Mr. Don Vaughn, and his engineer , Mr . John Kennaly, met with neighbors on the site with a view to rekindling and implementing the general agreement • reached in the course of the Council subcommittee review meeting held on September 13th. Indications from both the owner and neighbors are that such accord has been reached and should be formalized in the way • Re: 4511-19 Mananita (Grading Permit) (Don Vaughn) ) of a memorandum of understanding between them prior to the Council's October 8th meeting. Mr . Vaughn and his engineer have also promised to file a revised drainage component to the grading permit by that time. Enclosure: Planning Commission Resolution No. 7-84 relative to 4511-19 Mananita cc: Don Vaughn John Kennaly Scott and Susan Vasgird 2 G AG�DJIN ITEM RESOLUTION NO. 7-84 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION REQUESTING THAT THE CITY COUNCIL FURTHER CONSIDER THE MATTER OF THE GRADING PERMIT GRANTED MR. DON VAUGHN AT 4511-19 MANANITA WHEREAS, the Atascadero Planning Commission heard concerns of Susan and Scott Vasgird, 4850 Estrada, relative to potential water run-off problems they feel would be created by the grading and drain- age improvements being undertaken on property to their rear by the adjacent owner, Mr. Donald Vaughn; WHEREAS, many Planning Commissioners individually had visited said site and shared those concerns; and WHEREAS, the Commission was advised that City Council is attempt- ing to mediate the potential problem posed by said new grading; and WHEREAS, such efforts as of the Planning Commission's meeting date of September 17, 1984 had not resulted in an agreement between abut- ting property owners. NOW, THEREFORE, BE IT RESOLVED that the Atascadero Planning Com- mission does hereby recommend that the City Council: 1. Consider this matter further . 2. Direct staff to further review the grading permit and drain- age plan with respect to the adequacy of its protection of the Vasgird' s property from increased flow and velocity. 3. Re-evaluate the City' s grading and fill ordinances to assure that they are adequate with respect to protecting the lateral and subadjacent support of adjoining properties. On motion by Commissioner Lilley and seconded by Commissioner Wentzel, and adopted in its entirety by the following roll call vote: AYES: Commissioners Moore, LaPrade, Carroll, Lilley, Wentzel and Chairman Summers. NOES: None ABSENT: Commissioner Sherer DATE ADOPTED: September 17, 1984 Resolution No. 7-84 SHIRLEY SU RS, Chairman ATTEST: 4A�� zj�� HENRY ENG N, Pla n ng Director APPROVED AS TO FORM: 2 MEETING AGr-NDA DATE /0 I I EM • M E M O R A N D U M Date: October 8, 1984 To: City Council From: R. H. Dowell , Jr. , Acting City Manager Subject: Supplementary Budget Request: Building Inspector Radio System I fully concur with the recommendation of the Planning Director. The Fiscal Year 1983-84 Budget contained sufficient funds for this system but were never utilized, thus being carried over into the Fiscal Year 1984-85 General Fund. The former Planning Director was not in favor of assigning a radio communications capability to the Building Inspector for utilization in field activities. I see this capability as an absolute means of improving our • daily service to insure adequacy and completion of the daily inspection schedule. At the present time the Building Inspector is using my radio and we find this system to be working very satisfactorily. R. H. DOWELL, JR. Acting City Manager • M E M O R A N D U M October 8, 1984 TO: RALPH H. DOWELL, JR. Acting City Manager FROM: HENRY ENGEN, Planning Director SUBJECT: SUPPLEMENTARY BUDGET REQUEST — Field Inspector Radio BACKGROUND: The FY 1983-84 budget included $1,600 for a mobile radio to be installed in the field building inspector ' s vehicle. This equipment was not ordered nor were funds encumbered for this purpose. ANALYSIS: It would be desirable to enable two-way communication with the field inspector to permit timely exchange of information on the day's inspection work load. It is proposed that the radio be operated on the DPW' s frequency. ACTION REQUESTED: Transfer $1,600 from the Contingency Reserve Ac- count to Capital Overlay - Mobile Radio (Account No. 01-20-3416 mobile radio) . HENRY ENGE RALPH H. DOWELL, JR. Planning D' rector Acting City Manager Ps j . MEdAGENDA - aAT� 1016, ITENA • M E M O R A N D U M r- TO: RALPH H. DOWELL, JR.—Ta CC " ► s October 8, 1984 Acting City Manager FROM: HENRY ENGEN, Planning Director SUBJECT: SUPPLEMENTARY BUDGET REQUEST - PLAN CHECKING (Account No. 01-20-2240-0014) BACKGROUND The recent high level of construction activity has resulted in a back- log of permit applications. The September 17th retirement of our Chief Building Inspector compounded the problem in that our plan checker had to spend much of his time responding to questions formerly handled by the Chief Building Inspector (who also assisted in plan checking) . To deal with this situation, and in the spirit of the Council' s direction at the September 8th study session, we have been using outside plan check consulting services at a scale not anticipa- ted in the budget. However , plan check revenues more than cover the increased expenditures. • ANALYSIS The FY 1984-85 budget stands as follows with respect to plan checking: Dept: 20 Planning Dept. FY 1984-85 EXPENDITURES Appropriation Yr-To-Date (9/30) Ex 2240-0014 plan check. , ,567. 85 It is estimated that unprocessed invoices for authorized outside plan checking services total approximately $6,000. Therefore, the current year-to-date obligation approximates $16,568 or $11,568 over the line item budget. Fund: 01 General Fund FY 1984-85 REVENUE Budgeted Year-to-Date (9/30) RV 1612 Plan Checking Fees $48, 000 $ 7,387.72 RV 2173 Cross Connection/ 21, 558.00* Plan Check Suspension Acct. Estimated current total: $28,945.72 • *Total suspension fund = $32,663 .60 from deposits on permits. It is estimated that approximately 2/3rds of this amount ($21, 558) will be for plan check fees when fees are determined. Request •Re: Supplementary Bl9et - Plan Checking With 25% of the fiscal year completed, we have received 60% of the annual revenue expected for plan checking fees. (At this time in 1983, we had $6,963 in plan check fee revenue) . Translated to monthly averages, these revenues averaged $9,648 per month and outside service expenditures averaged $5,523. Hence, the expenditures we have in- curred are well within the revenues generated, but they were not pro- vided for in the expenditure budget. An additional expense not budgeted for with respect to building in- spection services is use of a part-time building inspector two days per week. The cost of this service from July through the January, 1985 mid-year budget review is $6,000. ACTION REQUESTED: Since the increase in expenditures is more than off-set by increased revenues, staff requests that funds be taken from the Contingency Re- serve Account to Contracted Services - Plan Checking (Account No. 01- 20-2240-0014) in the amount of $39,700. This assumes a continuation of current trends through January, 1985, at which time, we would re- evaluate the situation ($11,568 current deficit for this line item plus four months X $5,523/month for outside plan checking plus $6,000 for a part-time building inspector for seven months) . HENRY ENCEN RALPH H. DOWELL; JR. Planning birecto Acting City Manager Ps 2 MEG / AG_NDA -� • M_E M O_R A N_D_U M Date: October 8 , 1984 To: City Council From: R. H. Dowell, Jr. , Acting City Manager Subject: Disposition of Surplus Property Reference the attached ordinance from the City Attorney addressing disposition of surplus property. I concur with Mr. Grimes that we need to adopt this ordinance in order to insure that surplus property of all departments may be properly disposed of. R. H. DOWELL, JR. Acting City Manager • • ADMINISTRATION BUILDING CITY.ATTORNEY POST OFFICE BOX 747 • POST OFFICE BOX.749 ATASCADERO, CALIFORNIA 93423 ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE:)805) 466-5678 CITY COUNCIL �scae ® CITY CLERK POLICE DEPARTMENT CITY TREASURER 747 CITY MANAGER INCORPORATED JULY 2, 1979 POST OFFICE BOX ATASCADERO. CALIFORNIAIA 93423 FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 .-�. PHONE: (805) 466-2141 MEMORANDUM September 20, 1984 To: Ralph Dowell, Acting City Manag r From: Allen Grimes, City Attorney Subject: Disposition of Surplus Property Please refer to my memorandum to Police Chief Bud McHale on the above subject dated September 6, 1984. Attached is a proposed ordinance which established a procedure consistent with state law for the disposition of lost and unclaimed property. I recommend its adoption. AG:fr Attachment cc: Bud McHale, Police Chief ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCA- DERO ADDING CHAPTER 6 TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE DISPOSITION OF SURPLUS PROPERTY. The Council of the City of Atascadero does ordain as follows: Section 1. Chapter 6 is added to Title 3 of the Atascadero Municipal Code to read as follows: Chanter .6 disposition of Unclaimed Property. ,Sec. 3-6.01. Adoption ,gf Regulations. The City elects to be governed by the provisions of sec- tions 2080 through 2080.9 of the Civil Code with respect to the disposition of personal property found or saved on prop- erty subject to its jurisdiction. The City or its agency in- volved shall hold such unclaimed property for a period of at least three (3) months, and thereafter such property will be sold at public sale to the highest bidder. Notice of such sale shall be given by the concerned department of the City at least five (5) days before the time fixed for the sale by pub- lication once in a newspaper of general circulation published in the county in which such property was found. Section 3 . The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca- dero 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. Section 4. This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day after its passage, but shall apply retroactively to include the service of any Council member commencing with the commencement of the fiscal year on July 1, 1984. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: i ORDINANCE NO. Page Z ROLFE D. NELSON, Mayor ATTEST: GEORGIA RAMIREZ, Acting City Clerk APPROVED AS TO RM: A ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: RALPH H. DOWELL, JR. , Acting City Manager • MEAG - AG'---NDA bATI=- # } • M_E M O_R A N—D_U M_ Date : October 8, 1984 To: City Council From: R. H. Dowell, Jr. , Acting City Manager Subject: Revision of Municipal Code Provisions Relating to the Office of City Manager Attached herewith is an ordinance prepared by the City Attorney which addresses the changes recommended at the Council Study Session on September 8 , 1984 This draft is in accordance with the instructions of the Council and I have received no additional proposals for changes since that meeting. Reference the last paragraph of Mr. Grimes' recommendation, we have discussed the pros and cons of adopting these revisions at this time and both concur that it is appropriate to make these changes prior to the appointment of a successor City Manager. R. H. DOWELL, JR. Acting City Manager • ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 749 ATASCADERO,CALIFORNIA 93423 0 0 ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466-5678 CITY COUNCIL ® � CITY CLERK POLICE DEPARTMENT CITY TREASURER POST OFFICE BOX 747 CITY MANAGER INCORPORATED JULY 2, 1979 ATASCADERO,CALIFORNIA 93423 FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 ...�.. PHONE: (805) 466-2141 MEMORANDUM September 24, 1984 To: Ralph Dowell, Acting City Manager From: Allen Grimes, City Attorney Subject: Revision of the Municipal Code Provisions Relating to the Office of City Manager Attached is a proposed ordinance which amends the provisions of the Municipal Code relating to the office of the City Manager as I understand the Council desires. The only changes from the provisions of the present Chapter 4 of Title 2 of the Municipal Code is that section 2-4.07 relating to severance pay, and 2-4.27 relating to the 90-day limitation on the removal of the City Manager after elections at which at least one council person is elected, have been deleted. All the rest remain the same, including the statement of the procedure for the removal of the City Manager, which is contained in sections 2-4.23 through 2-4.29. I wonder if a "statement of the reason therefor" is desired in section 2-4.23? Section 2-4.30 remains unchanged, which anticipates the existence of an employment agreement between the City Manager and the Coun- cil consistent with the provisions of Chapter 4 pertaining to the City Manager. It is still my recommendation that the adoption of this ordinance be held in abeyance until after a successor City Manager is ap- pointed. AG:fr Attachment ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCA- ` DERO AMENDING CHAPTER 4 OF TITLE 2 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE CITY MANAGER. The Council of the City of Atascadero does ordain as follows: Section I. Chapter 4 of Title 2 of the Atascadero Municipal Code is amended to read as follows: Chapter 4. .City Manager. Sec. 2-4 .01. Office created: Tgrm. The office of the City Manager is created and established. The City Manager shall be appointed by the City Council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the plea- sure of the City Council. The City Council shall use its un- controlled discretion in any action removing the City Manager, which shall not be subject to a hearing of any kind. Sec. 2-4.02 . Residence. Residencein the City at the time of appointment of a City Manager shall not be required as a condition of the appointment, but within one hundred eighty (180) days there- after the City Manager must become a resident of the City unless the City Council approves his residence outside, the City. Sec. 2-4.03 . Eligibility. No member of the City Council shall be eligible for appointment as City Manager until one (1) year has elapsed after such Council member has ceased to be a member of the City Council . Sec, 2-4.04. Temporgrry manager. The assistant City Manager shall serve as manager pro tempore during any temporary absence or disability of the City Manager. In the event there is no assistant City Manager, the City Manager, by a letter filed with the City Clerk, shall designate a qualified City administrative officer to exercise the powers and perform the duties of manager during his tem- porary absence or disability. In the event the City Manager's absence or disability extends over a three (3) month period, the City Council may, after the three (3) month period, appoint an acting City Manager. -1- AG: fr 7 27 84 9 24 840 ORDINANCE NO. Page 2 Sec. 2-4. 05. Compensation. The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the City Council shall designate. Sec. 2-4.06. Expense allowance. The City Manager shall be reimbursed for all actual and necessary expenses incurred in the performance of his official duties, including those incurred when traveling on business pertaining to the City. Sec, 2-4.07 . Severance pay. [This section deleted. ] Sec. 2-4.08. Powers and dutiesgenerally. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided in this chapter. The City Manager shall be responsible for the efficient admin- istration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in Sections 2-4.09 through 2-4.19. Sec, 2-4.09. Law enforcement. It shall be the duty of the City Manager to enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed. Sec. 2-4 .10 . Authority over City employees. It shall be the duty of the City Manager and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads. Seg. 2-4,11. Power of appointment and removal. It shall be the duty of the City Manager to, and he shall, appoint, remove, promote and demote any and all officers and employees of the City except elective officers and the City Attorney. Appointment, removal, promotion and demotion of department heads shall be recommended to the City Council for concurrence and confirmation. ORDINANCE NO. Page 3 Sec. 2-4.12. Administrative reorganization of offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business. Sec. 2-4.13 . Ordinance recomme dation. It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary. Sec. 2-4.14 . Attendance at Council meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom by the Mayor individually or the City Council as a whole, except when his removal is under consideration. Sec. 2-4.15 . Financial report. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary pian to the City Council for its approval. Sec. 2-4.1b. Purchasing. It shall be the duty of the City Manager and he shall be responsible for the purchase of all supplies for all the de- partments or divisions of the City. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager. Sec. 2-4. 17. Investigations. It shall be the duty of the City Manager to make inves- tigations into the affairs of the City and any department or division thereof and any contract or the proper performance of any obligations of the City; further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City. Sec, 2-4.18. Public property supervision. It shall be the duty of the City Manager and he shall exercise general supervision over all public buildings, public parks and all other public properties which are under the con- trol and jurisdiction of the City Council. Seca 2-4.19. Delegated duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be dele- gated to him from time to time by ordinance or resolution or other official action of the City Council. ORDINANCE NO. Page 4 Sec, 2-4,20 . Relations with Council . The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual Council member shall give any orders or instruc- tions to the City Manager. The City Council shall instruct the City Manager in matters of policy. Any action, determi- nation or omission of the City Manager shall be subject to review by the City Council. The City Council may not over- rule, change or modify any such action, determination or omission except by the affirmative vote of at least three (3) members of the City Council . Sec. 2-4.21 . Departmental cooperatio It shall be the duty of all subordinate officers and the City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously. Sec. 2-4.22. At endance at commission meetings. The City Manager may attend any and all meetings of the Planning Commission, and any other commission, board or com- mittee created by the City Council, upon his own volition or upon direction of the City Council . At such meetings which the City Manager attends, he shall be heard by such commis- sions, boards or committees as to all matters upon which he wishes to address the members thereof. He shall inform such members as to the status of any matter being considered by the City Council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council . Sec. 2-4 .23 . Removal: Method: Notice. The removal of the City Manager shall be effected only by a majority vote of the whole Council as then constituted, con- vened in a regular Council meeting, subject, however, to the provisions of Sections 2-4.24 through 2-4.29. In case of his intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council 's in- tention to remove him and the reason therefor at least thirty (30) days before the effective date of his removal. Sec. 2-4.24 . Removal: Hearing. Within seven (7) days after the delivery to the City Manager of such notice required in Section 2-4.23, he may, by written notification to the City Clerk, request a hearing before the City Council. Thereafter, the City Council shall ORDINANCE NO. Page 5 fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty (30) day period, at which the City Manager shall appear and be heard, with or without counsel. Sec -4.25 . Removal: Suspension pending hear lw_ After furnishing the City Manager with written notice of intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal by resolution of the Council passed subsequent to the hearing described in Section 2-4.24. Sec. 2-4.26. Removal: Council discretion. In removing the City Manager, except as provided in Sec- tion 2-4.28, the City Council shall use its uncontrolled dis- cretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the propose of which is to allow the City Manager to present to the City Council his grounds of opposition to his removal prior to its action. Sec. 2-4.27 . Removal: Limitation. [This section deleted. ] Sec. 2-4.28. Wilful misconduct: Determination. In the event the intended removal of the City Manager is for wilful misconduct in office, written notice to the City Manager as provided by Section 2-4.23 shall state that the reason for removal is wilful misconduct in office and shall state specific facts which constitute such wilful misconduct. The procedure for hearing and for suspension pending hearing shall be followed as stated in Sections 2-4.23 through 2-4.27. A determination of wilful misconduct in office shall be evi- denced by specific findings of fact constituting such wilful misconduct. The determination of what constitutes wilful misconduct shall be within the sole discretion of the City Council, provided that it shall relate to the welfare of the City. Sec, 2-4.29. Wilful misconducts Defined. "Wilful misconduct" includes conduct directly related to conduct in office and directly related to the duties of the office. It includes the refusal to follow the lawful direc- tions of the City Council. It also includes conduct not directly related to the performance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the City. Evidence of such direct and harmful effect includes, but is not limited to, conviction of a felony. ORDINANCE NO. Page 6 Sec. 2-4.30 . Agreements with Council not abridged. Nothing in this chapter shall be construed as a limita- tion on the power or authority of the City Council to enter into any supplemental agreement with the City Manager deline- ating additional terms and conditions of employment not incon- sistent with any provisions of this chapter. Section 3 . The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca- dero 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. Section 4. This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: ROLFE D. NELSON, Mayor ATTEST: GEORGIA RAMIREZ, cting City Clerk APPROVED AS TO F M: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: ("ecl RALPH H. DOWELL, JR. , Acting City Manager ADMINISTRATION BUILDING M�ET'N '7 DA ,i CITY ATTORNEY ' POST OFFICE BOX 747 /7 �1 POST OFFICE BOX 749 ATASCADERO,CALIFORNIA 93423 DATc (f y1 j# ��LLLJ�✓" �! ATASCADERO,CALIFORNIA 93423 PHONE: (805) 466.8000 "rI'HONE: (805) 466-5678 CITY COUNCIL CITY CLERK POLICE DEPARTMENT CITY TREASURER 747 CITY MANAGER INCORPORATED JULY 2, 1979 POST OFFICE BOX ATASCADERO.CALIFORNIAA 93423 FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT .r. PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 ....�� PHONE: (805) 466-2141 MEMORANDUM September 7, 1984 To: Ralph Dowell, Acting City Manager f ,; C• c • From: Allen Grimes, City Attorney Subject: Proposed Ordinance Providing That No Mandatory Duty is Imposed by the Municipal Code for the Acts of the City, Council, Boards, Commissions, Officers, Agents, or Employees Recommendation: • It is recommended that the attached ordinance be placed on the Council agenda. This ordinance would reduce the potential liability of the City for failure to act in accordance with City laws. Background: The California Tort Claims Act sets forth the liability and immunities of the City in regards to tortious conduct. One such liability is the "manda- tory duty" liability of Government Code section 815.6, which states: "Where a public entity is under a mandatory duty imposed by an enactment that is designated to protect against the risk of a par— ticular kind of injury, the public entity is liable for any injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes it exercised reasonable diligence to discharge the duty." The proposed ordinance seeks to abrogate the Government Code section 815.6 liability imposed by the City's Municipal Code, rules, regulations, and policies. The ordinance does this by making formerly "mandatory" duties, directory duties. AG:fr Attachment ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCA- DERO AMENDING CHAPTER 2 OF TITLE 1 OF THE ATASCADERO MUNICIPAL CODE BY AMENDING SUBSECTION (z) OF SECTION 1-2.12 AND ADDING SECTION- 1-2.12.1 TO PROVIDE THAT NO MANDATORY DUTY IS IMPOSED UPON THE CITY, COUNCIL, OR ANY BOARD, COMMISSION, OFFICER, AGENT, OR EMPLOYEE OF THE CITY. The Council of the City of Atascadero does ordain as follows: Section 1. Subsection (z) of section 1-2.12 of the Atascadero Municipal Code is amended to read as follows: (z) "Must" and "shall" are each mandatory except in reference to acts or omissions of the City, Council, or any board, commission, officer, agent, or employee of the City while acting in the course and scope of their duties or employment. Within this exception "must" and "shall" are directory only. Section 2. Section 1-2.12.1 is added the Atascadero Municipal Code to read as follows: Sec 1-2.12.1. No Mandatory Duty. Notwithstanding any other provision of the law, no City ordinance, resolution, policy, rule, or regulation with the force of law presently in effect, or hereafter adopted or enacted, will impose a mandatory duty upon the City, Council, or any board, commission, officer, agent, or employee of the City while acting in the course and scope of their duties or employment. Section 3 . The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca- dero 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. Section 4. This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day after its passage, but shall apply retroactively to include the service of any Council member commencing with the commencement of the fiscal year on July 1, 1984. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AG:fr/9/7/84 -1- ORDINANCE NO. Page 2 AYES: NOES: ABSENT: ROLFE D. NELSON, Mayor ATTEST: GEORGIA RAMIREZ, cting City Clerk APPROVED AS TO F : ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: RALPH H. DOWELL, JR. , Acting City Manager AG":NDA • M_E M_O_R A N_D_U,M_ Date: October 8 , 1984 To : City Council From: R. H. Dowell, Jr. , Acting City Manager Subject: Bid no. 84-16 Fire Station Addition Attached you will find memorandums from both the Public Works Director and the Fire Chief recommending that Council award the contract for the Fire Station addition to the low bidder. I have met with both department heads and we have reviewed the options available to us inasmuch as $15 ,000 has been budgeted for the project. It was determined that we should reject these bids and place this project as part of the mid-year budget review. If it is determined at that time that we should continue this project, then it is my suggestion that an appropriate adjustment be made • to the Fiscal Year 1984-85 budget. R. H. DOWELL, JR Acting City Manager • i M E M O R A N D U M DATE: October 1, 1984 TO: Ralph Dowell, Acting City Manager FROM: Larry McPherson, Public Works Director SUBJECT: Bid No. 84-16 - Fire Station Addition Two bids were received on the subject project as follows: 1) Norman Norton Construction, Inc. $37,415.00 2) Young Brothers Construction, Co. - $39,994.00 No engineers estimate was made on this project, however, I feel both these bids are responsive. It is my recommendation Council award the contract to the low bidder, Norman Norton Construction, Inc. , if the Council feels the project is of a priority equivalent to the cost of the building addition. Budgeted funds in the amount of $15,000 have been previously authorized by Council. LARRY MC PHERSON MEMO RAND UM DATE: October 1, 1984 TO: Ralph Dowell, Acting City Manager FROM: Mike Hicks, Fire Chief SUBJECT: Fire Station Addition The bids for the Fire Station addition came in considerably higher than what was budgeted ($15,000) . It should be noted that the $15,000 budgeted was an estimate on the cost if we were to do the project in house. After checking with the Public Works Director, I discovered it would not be permissible to construct the addition, as the cost would exceed the maximum allowed under the Government Code. However, it is my recommendation that we proceed with the project and ask the Council to allocate the additional funds necessary and to accept the low bid of $37,415.00 from the Norman Norton Construction, Inc. Reasons for not delaying are as follows: 1) Re-bidding would undoubtedly result in higher cost. 2) We received good bids from two quality contractors. 3) Project is #2 Fire Department priority, equipment being #1. 4) Fire Chief is the only Department head without an office. 5) I often use my home to conduct confidential business, such as staff meetings, investigation meetings, and discussions of personnel matters, etc. 6) Addition will solve problem of inadequate restroom facilities, in addition to solving office space problems. Summary: I recommend awarding the bid to the low bidder, Norman Norton Construction, Inc for the amount of $37,415.00, and allocating necessary funds at the next Council meeting of October 8, 1984. Signed: I concur: Mike Hicks, Fire Chiey-" Larry McPherson, Public Works Director 111i:p g r� r ADMINISTRATION BUILDING DA�LnnEEz' t� ^ �AG #vDA� CITY ATTORNEY POST OFFICE BOX 747 llliii �. ----- POST OFFICE BOX 749 a ATASCADERO, CALIFORNIA 93423 ATASCADERO,CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466-5678 CITY COUNCIL a e �� •DEPA CITY CLERK CITY TREASURER POLICE DEPARTMENT CITY MANAGER INCORPORATED JULY 2. 1979 ATASCADERO, CALIFORNIA 93423 FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 --r-- PHONE: (805) 466-2141 MEMORANDUM October 3, 1984 To: Ralph Dowell, Acting City Manager T'—c;- CC • -��"""'� � � From: Allen Grimes,' City Attorney(!✓ Subject: Proposed Resolution Relating to Charges for the Sale and Maintenance of the Atascadero • Municipal Code As we are aware, the ordinances of the City of Atascadero adopted since its incorporation have been codified, printed, and delivered to the City. we've just recently received the first reprint, which includes a number of ordinances which could not be included in the code because of their time of adoption, including the zoning ordinance. It now seems ap- propriate that we publicize to the community that the code is available for purchase, including provisions for its maintenance and upkeep. Attached is a proposed resolution to accomplish this, which is aimed to recoup a portion of the cost of codifying and publishing the code and the subsequent reprints. It is recommended for adoption. AG:fr Attachment • RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING CHARGES FOR THE SALE AND MAINTENANCE OF THE ATASCADERO MUNICIPAL CODE WHEREAS, the Ordinances of the City of Atascadero have undergone codification in functional form as the Atascadero Municipal Code; and WHEREAS, the code has been published and is now available for sale to the public; NOW, THEREFORE, the Council of the City of Atascadero does resolve as follows: Section 1. The City Clerk shall be responsible for the collection of the following charges for the sale of the Atascadero Municipal Code: a. A set of the Municipal Code (with two binders) (sales tax included) . . . $250.00 b. A set of the Municipal Code (without binders) (sales tax included) . 225.00 c. Annual reprint service for the Municipal Code (sales tax included) . . . . . . . . . . . . 75.00' d. Minimum charge for a single purchase (sales tax included) . . . . . . . . . . . 1.50 e. Title to title; quantity purchase 1st through 10th page . . . . . . $.40 per page 11th through 25th page . . . . .30 per page 26th through 50th page . . . .20 per page 51st through 100+ page . . . . .10 per page PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, California, held on the of , 1984. CITY OF ATASCADERO, CALIFORNIA By ROLFE NELSON, Mayor AG:fr/10/3/84 RESOLUTION NO. Page 2 ATTEST: GEORGIA RAMIREZ, Acting City Clerk APPROVED AS TO CONTENT: RALPH H. DOWELL, JR. , Acting City Clerk APPROVED AS TO ORM: ALLEN GRIMES, _City Attorney t AEEVAGENDADATE M_E`M O_R A N_D_U M Date: October 8 , 1984 To: City Council From: R. H. Dowell, Jr. , Acting City Manager Subject: Processing of Proposed Resolutions/Propositions received from other agencies As you may have ,noticed, we have been receiving an increasing amount of correspondence requesting Council' s support by either a resolution or proclamation addressing various issues. These type requests become more active as we approach the November election. Rather than arbitrarily place each of these requests on the Agenda and expect Council at that time to discuss and make their decision, I feel the best approach is to forward the package as received for your perusal and review. Once the review process is complete the Council can then direct me to bring back to the next meeting the completed re- solution or proclamation which would be considered for adoption. • In order to implement this process I have attached two proposals for resolutions that have been received. One for the Area Agency on Aging requesting support for Proposition 30 and another from the city of Grover City requesting an endorsement of the Californian' s for Fair Reapportionment Initiative - Proposition 39. I have not reproduced Senate Bill No. 1359 which was part of the Area Agency on Aging. However, if you desire to review this bill it will be available to you in my office. R. H. DOWELL, JR. Acting City Manager • ARE AGENCY CENTRAL COAST COMMISSION ONAGING FOR SENIOR CITIZENS September 5, 1984 BOARD OF DIRECTORS President Richard E. Harris, Santa Barbara Mayor Rolfe Nelson Vice-President City of Atas cage ro Paul Feldtmose; Cayucos P• 0• Box 747 Secretary ATASCADERO, CA 93433 Humphrey Nixon, Santa Barbara Treasurer Dear Mayor Nelson, George Brudney,San Luis Obispo Members The Advisory Council of the Central Coast Commission for Mary Gail Black,San Luis Obispo Senior Citizens Area Agency on Aging, urges your support of Ernest Boucher, Cayucos Proposition 30 -- Senior Center Bond Act on the November Ron Duni°, San Luis Obispo general election ballot. A draft resolution is attached for Mabel Gunderson,Santa Barbara your guidance. Julian Hunter, Santa Maria Ray Kennedy, Lompoc Walter Moeller, Santa Barbara An initial planning meeting of senior citizen organizations Dolores ra, S , to overBar city to develop a plan to support Proposition 30 was recently Lou Skiera, Santa Barbara ADVISORY COUNCIL held. It was the unanimous opinion of the rep rentati ves in Cbairperson attendance that support for Proposition 30: Senior Center Maxeen Roecker, Paso Robles Bond Act was needed from the City Council of Atascadero. Members SANTA BARBARA COUNTY Your adoption of a resolution to support Proposition 30: Mary Ann Bart` Thelma Beirne Senior Center Bond Act is an important component of the Larraine Bergendorf Plan. Endorsements are also being solicited from other Jesse V. Bernal organizations concerned about the welfare of our citizesn. Rosemarie Brooks The listing of the supporting organizations will be included Lola B. Wager Brown Alice Carmona in our publicity. Beatrice Chenoweth HarryCumpiano Correll Earl CumpiJoin us in working with the many senior citizen organiza- RoyHackbert tions to support Proposition 30. A copy of the Legislative Florence Holley Analyst report, SB 1359' regarding and other material Pr 0p 0 - Charl s Lee your John McGregor sition 30 is provided for our review. John H. Perkins Raymond J. Williams Sincerely, W. Howard Wortman Supervisor Toru Miyoshi SAN LUIS 0131SPO COUNTY Ruth Allen Robert Andrews Evelyn Beaule Maxeen Roecker, Chairperson Howard Worley, AAA Ethel Davis Advisor Louis Finkel y C ou nci l Legislative Task Force Bill Heitkam Faun Kitson MR:HW:s cm Norbert J, Murray Maxeen Roecker Russell Smith w Howard A. %Xorley Supervisor Kurt Kupper MAILING ADDRESS: 122-C West EI Camino, Santa Maria, CA 93454-3610 • (805) 925-9554 • District Offices in the Cities of San Luis Obispo and Santa Barbara D R A F T R E S O L U T I O N Whereas, SENIOR CENTERS serve as a vital link in the provision of social , health, and nutrition services to senior citizens; and Whereas, SENIOR CENTERS serve as a "home" for many senior citizens of our county; and Whereas, senior citizens of our community would be better served and terve the community better through the expansion and development of SENIOR CENTERS in our community; and Whereas, Proposition 30 --- Senior Center Bond Act will provide over $400,000 for the renovation, acquisi- tion, and construction of senior centers or fund start-up costs of senior center programs in San Luis Obispo County; and Whereas , Proposition 30 will appear on the November general election ballot and needs a majority vote for passage; Now therefore be it resolved that the City Council of Atascadero supports passage of Proposition 30 --- Senior Center Bond Act -- and urges the voters of Atascadero to support Proposition 30. Proposition 347 Senior Center Bond Act of 1984 Ch . 575 (1984 ; SB 1359 ) Sec. 4 BALLOT TITLE AND SUMMARY SENIOR CENTER BOND ACT OF 1984. This act provides for a bond issue of fifty million dollars ($50, 000, 000) to provide funds for Senior Centers. BALLOT LABEL SENIOR CENTER BOND ACT OF 1984. This act provides for a bond issue of $50, 000, 000 to provide funds for Senior Centers . -- - _ --- -- egTs Eative Ana cyst. _ A., �uly 12, 1984 .. y SENIOR CENTER HND ACT`- Background:The state Department of Aging provides funding and oversight for a variety of local programs that sdrve individuals who are 60 years of age or older, regardless of income. These programs provide social services, eals for individuals, either in their hones or in employment services, and m a variety of group settings. The 1984-85 Budget Act appropriates a total Y. of $81.5 mil-lion in combined state and federal funds for these services and related administrative activities. The state has designated 33-:area agencies on aging to plan and ' e 0 * - coordinate the delivery of these services at the local level . Each agency is responsible for- the services provided in a specific geographical area, known as a planning and service area. Both the state and federal . governments have encouraged the area agencies to establish senior centers in their service areas. These centers are intended to provide an accessible community gathering place %•;here older persons can congregate to receive various services and participate in a variety of activities. The services provided at these centers are funded through the Departnznt of Aging, as well as through other public and private nonprofit organizations. In fiscal year 1978-79, the federal government. provided $3.5 million to California to establish or expand senior centers. The money was used to purchase, build, and renovate senior centers. In recent years, the federal g specifically for this purpose. - Instead, government has not earmarked funds Senior Center Bond and the area agencies to allv�ted the state be used in this the federal government has l funds should o�� much of. the. available federal h 400 in combined state and determine agencies spent S303, In 1083-84, the 33 area ��ay• eXp funds to establish or and senior centers. - federal _ - Pro osal Center Bond Act of 124 �;oul d authorize' - .the Senior � • anon bonds. A general this measure, general ob ig ate to- sell $50 million in state the state 11 faith and credit of t1^,e state, backed by the fu ation bond is ledgzs to use its taxing oblig the bond,. the state p- meaning that, in issuing available to pay assure that sufficient funds area he bond sale povler, if necessary, to The money raised by t al and interest on the bond. the principal construction, renovation, or finance the purchase, this tiloul d be used to funds would remain z,,a i t abl e for The limit on the expansion of seniorcenters. tis, the Measure sets no ._ until they are spent, tha purpose the bond .fund`- k:oul d be avail ab1 e. which l l ocated period of time during bond funds. .vrou�d be a re specifies how such of thee. It also The measu the stat 3 tanning and service areas �n tanning and service r to each of the 3 p the event Z p for the reallocation of funds in ' allocated to it- provides 11 of the funds initially a would i unable to use a encies on aging area is t the measure, area ag ' rovisions o' their Under the p to fund senior centers in Department of Ag 1na 4 l to the Dep artMent vroul d ` submit proposals - as. Proposals submitted �o the ep and service are i planning i ll of the follo;iina: have to include a Senior Center Bond Act=-coned r r or for the c Documentation of the need for a new senor center, renovation or expansion of an existing center, or for the purchase of equipment for an existing center. o A written commitment that the center will actually. provide services to seniors. (The r::?asure establishes a mechanism;. for the state to recover funds from a center- that does not fulfill this commi tirent.l o Provision for a local contribution toward the cost of the pro,iect equal to 15 percent of the bond funds requested. The contribution could be in the form of either cash or property and services. The required contribution could be waived for a low-income or rural community if the community could show that it was unable to secure the contribution despite having made a substantial effort to do so. o Documentation of the cost-effectiveness of the proposal . The measure requires the Department of Aging to seek the advice of various groups in establishing the criteria to be used to review and .evaluate proposals for centers that would receive bond funds. The measure requires the department to submit to the Legislature and the Governor its recomr-nendations regarding the proposals to be selected for funding. The measure also provides that proposals shall be funded only after an appropriation is enacted by the Legislature. -3- Senior Center Bond act--contd Fiscal Effect. 1. Cost of Paying Off the Bonds The bonds authorized by this measure probably trould be paid off over a period of up to, 2.0 years. The nrincipa� portion of these repayments would average $2.5 million per year. In addition, the state would have to pay interest on the borrowed finds. We estivate that if the bonds 'mere,. sold at an interest rate of 10 percent, the annual cost of these interest payments %.could average approximately $2.6 million. The source of funds that would be used to make both principal and interest payments is the state's General Fund. 2. Other Fiscal Effects Increased Borrowing Costs. Generally, an increase in the amount xe tends t- the rate of interest on borro,.red borrowed by the sta _o raise funds. Consequently, the state and local governments could incur higher costs under other.bond programs as a result of this measure. The size of any such costs cannot be estimated. Revenue Loss . The interest paid by the state on these bonds Frould be exempt from the state personal income tax. Therefore, to the, extent that the bonds are purchased by California taxpayers in lieu of taxable investments, -the state would collect less income tax revenue. It is n.ot possible to estimate what this revenue loss 1,rould be.. -4- 0 Senior Center Fond Act--contd Th De art-_nt of A ing advises that it v;,)Uld _ Administrative Costs , e p 0 incur- increased administrative costs to (a) review proposals submitted by area agencies and to select the individual centers that would receive the bond funds and (b) conduct program and fiscal audits of the centers to ensure that the funds are spent 'in actor---nce .ith this measure and ;•rich existing state and federal lay:. The ra ni ude of these additional cost cannot be estimated at this time. Operating and 'iaintenance Costs . To the extent that local agencies are awarded funds authorized by this r:.ea-sure, these agencies may incur costs to operate and r!aintain new or exp-an,--r-ad senior centers. i i -5- 4 ' z a • NOTE 'NO` oN- PROPOSITION This election-year boondoggle is a classic example of vote-buying with your tax dollars This $50,000,000 pork-barrel proposition is not on your . ballot because of any demonstrated need--except the need of incumbent Sacramento politicians to exploit the so-called . 'senior citizen' vote in an election year. There is no evidence to support the claim of its sponsors that this "apple pie-and-grandparenthood" spending gimmick is justified_ No statewide study has been conducted, no public opinion gathered, no research data assembled to warrant plunging our State Treasury another $50,000 ,000 into hock for the'''_ questionable purpose of£ funding ill-defined "senior centers..7 At the'very time that tae are confronted with the statewide need to borrow hundreds of millions of dollars to finance a variety of high priority public projects such as school construction and repair, toxic clean-up, safe drinking water and other critical needs, this $50,000,000 general obligation bond scheme is clearly ill-conceived, excessive and unnecessary. It is true that the number of older Californians has been increasing in recent years and will continue to do so. It- is also true that special needs of this particular group are being addressed by no .less than 18 state agencies adm�.nistering or funding 29 separate programs at an annual cost of $2.39 BILLI0I3 in federal, state and local tax dollars. Surely there are many grey-haired Californians who need, deserve and are not getting crucial health and- humanitarian services. But it is equally certain that borrowing $50,000,000 to "acquire, renovate, construct, or purchase equipment for senior centers" will not meet serious, survival needs now going unmet. The object of this proposal is low -priority at best, shamefully wasteful at worst. VOTE 'NO' ON PROPOSITION 4.e owe -cur elder citizens more than demeaning political exploitation., Nothing in this expensive pork-barrel proposition guarantees you, your parents or grandparents a single benefit. But there is an -ironclad guarantee that you, your children and your children's children will pick up the tab for years to comer baking this-imprudent loan program even less prudent is the fact that there is no guarantee that funds derived from the bond issue will be used to finance buildings and equipment! The measure specifically provides that bond money may be used for "funding startup costs of programs, or prograr expansion of senior center programs," meaning the potential frittering array of bona funds without lasting benefit. 1 If projects and programs of this type are essential to the � public interest, the Legislature doesn't need this ;ballot proposition to establish them on its list of budget priorities. Nor do most communities need to run to Sacramento for a handout to meet the group needs of their varied senior populations. Recognize a political 'pork-barrel when you see it. VOTE "NO" ON PROPOSITION J o lie Speraw State Senator, 31st District ARGUMENT: IN FAVOR OF PROPOSITION 30 Senior centers are local facilities that seniors can go to for recreation, education and nutrition. Increasingly, senior centers provide health services. For many seniors who live alone it is the only place they can meet with people or eat a balanced meal. Senior centers can be the focal point for service delivery systems within a community. They can be a critical component in a comprehensive long term care system which could reduce unnecessary nursing home placements. This means that seniors can be served at less cost in their community and be able to remain at home. Also, locating services in one setting, like senior centers, can assure seniors access to services. California is "greying. " Our 3.7 million seniors represent a rapidly growing segment of the State's population. Yet the number of senior centers has not kept pace with our growing senior population. Seniors have helped build this great state and they deserve our support. . A recent statewide survey indicated a need of over $160 million for senior center facilities. Most senior groups do not have the funds available to meet this need. Proposition 30 would authorize $50 million in bond funds for the construction, expansion or renovation of senior centers throughout the State. A YES VOTE ON PROPOSITION 30 WOULD PROVIDE FINANCING FOR THE SENIOR CENTERS THAT SENIORS.'NEED AND DESERVE TO KEEP THEM ACTIVE, INVOLVED AND SERVED IN THEIR OWN COMMUNITIES. John Garamendi State Senator, 13th District John Seymour State Senator, 35th District Ethelyn J. Mehren, Chair California Senior Coalition y77741- 70qRl, C41"E1v7- =N .�14_elnP Jv2dPvS.cT.1' iv 3a Proponents claim a documented "need" for this political pork-barrel proposition. " In fact, no such need exists. They propose we borrow $50,000 ,000 ($100.,000 ,000 including interest) for somebody to spend on some kind of "local. facilities" somewhere for some "seniors' to somehow receive (l) recreation, (2) education, (3) nutrition, and (4) health services. For "many seniors who live alone", they decree, such facilities are "the .only place they can meet with people or eat a balanced meal." Don't let the emotional appeal rob you of logic. "Greying" Californians who today are not "meeting with people' or not "eating a balanced meal" have serious problems not addressed by this euphoric $50,000,000 political placebo.. As a "senior citizen"', I know it takes no great talent, no noble contribution, no lofty qualifications to, grow older.. Some of us who have achieved the state of "senior citizen" have "helped build this great state^--some of us have not. But all of u s• have to assume some of the responsibility for our $1.5 trillion national debt which we created by allowing politicians to formalize and promote ill-conceived ideas like this one. As "senior citizens" , must we add further to the debts we are. leaving our grandchildren? Let's seriously address the actual, specific needs of all our hungry, . less fortunate citizens--old, young, grY• distressed--in a manner that promises more cure for less medicine. Proposition 30 wastes badly needed tax dollars, . VOTE "NO" ON pROPQSITION 30. REBUTTAL TO ARGUMENT AGAINST PROPOSITION 30 How many of your friends or relatives will be sixty years old by 199.0? Will the senior centers inexistence today be- sufficient to help them remain independent and healthy? We• think not: Proposition 30-' s modest commitment to new and- renovated ndrenovated facilities for our aging population is an- intelligent investment in our future. Without expanded senior centers, more and more elderly Californians will be condemned to lonely desperation in isolated apartments or unnecessary institutionalization in nursing homes: We can do better. The new facilities funded by Proposition 30- ' will ensure that seniors cat live their lives in dignity, with recreation, nutrition and cost-effective preventive health services they need and deserve. Proposition_ 30 is important to all Californians, regardless of political philosophy. Governor Deukmejian joined Republican and Democratic legislators in approving it for your ballot. _ In the past decad our elderly population ew almost three `} y times faster than the State 's total. In forty years, nearly a quarter of all Californians will be over 60 . Without Proposition 30 , the ability of' these people -- our mothers, our fathers, ourselves -- to live happy, productive lives is in jeopardy. In appreciation of a proud past, and to guarantee a secure future, VOTE YES ON PROPOSITION 30 . Tom Bradley, Mayor of the City of Los Angles President, California Institute of Senior Centers President, California Association of nutrition Directors for the Elderly r � RESOLUTION 84-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER CITY ENDORSING THE CALIFORNIANS FOR FAIR REAPPORTIONMENT INITIATIVE WHEREAS, one of the major political problems affecting the State of California is its present redistricting plan that allows State Legislature to form and vote on their own districts; and WHEREAS, Governor George Deukmejian has recommenced a proposed plan to establish a non-partisan commission by initiative for approval in the November election; and WHEREAS, this plan appears to be in the public's best interest by taking politics out of this important issue; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover City does .hereby endorse the Californians For Fair Reapportionl::ent initiative and encourages all citizens of our community to support this measure. On motion by Councilmember Kean, second by Councilmember Lynn, and carried on the following vote, to-wit: AYES: Councilmembers Kean, Lynn, Dutra, Ekbom, Mayor Qualls NOES: None ABSENT: None the foregoing RESOLUTION NO. 84-28 was PASSED, APPROVED AND ADOPTED this 2nd day of April, 1984. MAYOR JUANITA QUALLS ATTEST: CITY CLERK � r Agenda- City l Counci - October 8, 1984 C. UNFINISHED BUSINESS 1. Consideration of Resolution No. 7-84 concerning onsite drainage problems (Scott and Susan Vasgird) 2. Discussion of appointments of City Treasurer/City Clerk D. NEW BUSINESS 1. Supplementary Budget Request: Building Inspector Radio System 2. Request for funds for Plan Checks/Part-time Inspector. 3. Disposition of Surplus Property 4. Revision of Municipal Code Provision relating to Office of City Manager 5. Proposed Ordinance providing that no mandatory duty is im- posed by the Municipal Code for the acts of the City, Coun- cil, Boards, Commissions, Officers, Agents, or Employees 6. Bid No. 84-16 - Fire Station Addition 7. Proposed Resolution relating to charges for the sale and maintenance of the Atascadero Municipal Code. 8. Processing of Proposed Resolutions/Propositions received from other agencies E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: There will be a closed session to consider personnel mat- ters and property acquisition. An announcement is antici- pated after the closed session. 3 Date: October 8 , 1984 From: R. H. Dowell, Jr. , Acting City Manager Subject: Attachment to City Council Agenda of October 8, 1984 Adding Ordinance and Resolution Numbers Item: D-3 Disposition of Surplus Property - Ordinance No. 85 Item: D-4 Revision of Municipal Code Provisions Relating to the Office of City Manager - Ordinance No. 86 Item: D-5 Proposed Ordinance Providing That No .Mandatory Duty is Imposed by the Municipal Code for the Acts of the City, Council, Boards , Commissions , Officers , Agents , or Employees Ordinance No. 87 Item: D-7 Proposed Resolution Relating to Charges for the Sale and Maintenance of the Atascadero Municipal Code - Resolution No. 53-84