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HomeMy WebLinkAboutAgenda Packet 07/09/1984 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting July 9, 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 June 25, 1984 (RECOMMEND APPROVAL) 2. Treasurer ' s Report, 6/1/84 to 6/30/84 (RECOMMEND APPROVAL) • 3. Tentative Parcel Map 211-84, 4600 Portola Road, to divide 5.23 acres into three lots of 1. 55, 1. 55 and 2. 12 acres each (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4. Tentative parcel Map 9-84, 7960 El Camino Real, Fred Larson (Twin Cities Engineering) to merge and resubdivide one acre of land into two 0.5 acre lots (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Acceptance of Parcel Map at 820629:5, 5450/5480 Pescado Court, Jack Stinchfield (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Acceptance of Parcel Map at 820629:3, 5390/5430 Pescado Court, Glen Gaultney (previously Jim Porter) (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7. Acceptance of Parcel Map at 820629: 2, 5465/5495 Pescado Court, Jack Stinchfield (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. Acceptance of Lot Line Adjustment 4-84, 5100 Alamo and 5015 Rosario, Frank Garza (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) } 9. Acceptance of Parcel Map at 820629:4, 5300/5330/5360 Pescado Court, E.B. Finch (Stinchfield/Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 10. Consolidated Joint Powers Agreement (RECOMMEND APPROVAL) 11. Animal ControlContract (RECOMMEND APPROVAL) 12. iExtension of Interim Planning Director Contract (RECOMMEND APPROVAL) 13. Resolution No. 30-84, Adapting Regulations for Candidates for Elective Office Pertaining to Materials Submitted to' the Electorate and the Costs Thereof for all Genua Municipal Elections to be Held by Said City (RECOMMEND APPROVAL) , 14. Resolution No. 31-84, Requesting the Boar+d .of Su r sors of San Luis Obispo County to Consolidate a Genar.Al Municipal Election of the City of Atascadero to be held November 6, 1984, with the Statewide' General Election (RECOMMEND APPROVAL) B. HEARINGS, APPEARANCE& AND REPORTS 1. Public Hearing to consider a request for change of zone on property located at, the SE corner of El Bordo and El Camino (9955 and 9975 El Camino Real) as requested by Goldie Wilson property owner, and expanded by Planning Commission, Request t to change from -RMF-16 to CRi Negative Declaration to be certified by City Council. 2. Presentation by Quad Consultants regarding Public' Facilities Study. C. UNFINISHED BUSINESS 1. Ordinance No. 82 (Amending Sections of the Zoning Ordinance Text Regarding Setbacks, Fencing, Parking and Trash Enclosures on Flag' Lots) - Second Reading 2. Park and Recreation Advisory ;Board Appointments • D. NEW BUSINESS 1. Status of Collector System Expansion as Required by Cease and Desist order 81-64. F. INDIVIDUAL DETERMINATION AND/OR ACTION I.- City Council 2. City Attorney Report 3. City Clerk 4. City Treasurer. 5. City Manager NOTE: There will be a closed session to consider' personnel matters; no announcement after the closed session is anticipated. i I mE9AGDQ DATA_ ���'Etr4 ! � _ MINUTES - ATASCADERO CITY COUNCIL Regular Meeting June 25, 1984 �tascadero Administration Building The meeting was called to order at 7 : 30 p.m. by Mayor Mackey. The Pledge of Allegiance was recited. Invocation was given by Bill Hawk of the Covenant Church. ROLL CALL Present: Councilman Molina, Nelson, Wilkins and Mayor Mackey. Absent: Councilman Stover. STAFF Present: Murray Warden, City Manager; Ralph Dowell, Finance Director: Allen Grimes, City Attorney; Mike Hicks, Fire Chief; Skip Joannes, Recreation Director; Bud McHale, Police Chief; Wayne Loftus, Interim Planning Director; Barbara Norris, City Clerk; Georgia Ramirez, Deputy City Clerk; and Larry McPherson, Public Works Director. PUBLIC COMMENT Bruno Adamoli asked for a revision in the law regarding shooting of squirrels and skunks for the agricultural area. �OUNCIL COMMENT Councilman Wilkins thanked the fine staff that he worked with during his terms as Mayor and Councilman. He thanked the citizens of Atascadero for the opportunity to serve during the past few years. Mayor Mackey presented a plaque to Councilman Wilkins and a certificate to Councilman Nelson for past service on the council. Maggie Rice of the Chamber of Commerce presented awards to Councilman Stover and Wilkins. She congratulated the new members of the City Council on their winning the election. CERTIFICATION OF ELECTION RESULTS BY PRESENT' COUNCIL 1. Resolution No. 27-84 reciting the fact of the General Municipal Election held .in Atascadero on June 5, 1984 declaring the result thereof and such other matters as provided by law MOTION: Councilman Wilkins moved, seconded by Councilman Molina to adopt Resolution 27-84 . Passed unanimously by roll call vote. 2. Appointment as Acting City Clerk of Supervisor Jerry Diefenderfer appointed for purposes of conducting the installation of new Council members. • Barbara Norris resigned as City Clerk. MOTION: Councilman Nelson moved, seconded by Councilman Molina to appoint Supervisor Jerry Diefenderfer as Acting City Clerk. Passed unanimously. MINUTES ATASCADER0 CI COUNCIL June 25, 1984 3. Presentation of Certificates cif` Election to 'the City Council 4. Oath of Office administered by Jeer : Diefenderfer Acting City Clerk, .Jerry Diefenderfer administered the oaths of office and presented the Certificates of Election to Councilman Handshy, Molina and Councilwoman Norris. ELECTION OF OFFICES FOR NEW COUNCIL 5. Conduct election of Mayorby Acting City Clerk Nomination by Councilman Molina, seconded by Councilwoman`Norris for Councilman Rolfe Nelson. MOTION: By Councilman Molina, seconded by Councilwoman Dorris to close nominations. Passed unanimously. 6. Conduct seating' of_ Mayor b Acting City Clerk Rolfe Nelson was named Mayor for period of one year. 7. Conduct election and seatin of'! a or -Pro-`Tem_ L)y Mayor Nomination by Councilman Molina for Wayne Handshy. Nomination by Mayor Nelson, seconded by Wayne Handshy for_ George Molina. Councilman Molina declined the nomination. MOTION: By Councilman Handshy, seconded by Councilwoman Mackey to close nominations. Passed unanimously to name Wayne Handshy as Mayor Pro Tem. 8. Comments newly elected Council members if desired. Councilman Handshy expressed his thanks to the citizens of Atascadero. Councilwoman Mackey is hoping for a productive next term and will be able to get everything done they set out to do. Councilwoman Norris thanked'the` citizens of Atascadero for- their faith. in her. Councilman Molina thanked the people of Atascadero for showing their confidence in him by re-electing him to ,the Council Mayor Nelson thanked the Council for naming him Mayor. MOTION: By Councilman Molina, seconded by Councilwoman Norris, to make the: term of Magor two years rather than one. Passed 4-.1, with council- wan .Mackey voting no. . A. CONSENT CALENDAR 1. Minutes of the ;regular meeting of June 11, 1:984 (RECOMMEND APPROVAL) 2. Lot Line Adjustment 6-84, 8375 Los Osos Road, Brian Estes (Westl ie Engineering) to adjust a common property lie between two; parcels (RECOMMEND APPROVAL OF PLANNING 'COMMISSION RECOMMENDATION) -,2 Minutes - Atascadero Ci�Council . June 25 , 1984 3 . Tentative Tract Map 4-84,10710 El Camino Real, Eric Michielssen, to create 30 residential condominium units (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4 . Tentative Parcel Map 7-84 , 1650 Traffic Way, Patrick Meissner (Tartaglia) to create two 2 . 51 acre parcels from a 5. 02 acre lot (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) . MOTION: Councilman Molina moved, CouncilwomanMackeyseconded that the above consent calendar be approved. Motion passed unanimously by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Hearing to consider public comments relating to a proposed re- commendation to the Local Agency Formation Commission (LAFCO) concerning the Sphere of Influence for the City of_Atascadero Those speaking against the Sphere of Influence were Shelley A. Thompson, John Kennedy, Danny Hampton, John Rinaldi, Fred Foss, and Bill Hanley. MOTION: Councilman Molina,7moved, Councilman Nelson seconded to stay with original decision on Sphere of Influence. Councilman Molina and Councilman Nelson voted yes, Councilman Wilkins and Mayor Mackey voted no. To be carried over for further consideration by the new council. C. UNFINISHED BUSINESS 1. Ordinance No. 82 amending sections of the Zoning Ordinance text regarding setbacks, fencing, parking and trash enclosures on flag lots (Sections 9. 4.. 110 (e) , 9 .4 . 106 (a) (2) and 9-9 .102) - first reading. MOTION: Councilman Molina moved, seconded by Councilwoman Mackey to read by Title only. Mayor Nelson read Ordinance No. 82 . MOTION: Councilwoman Mackey moved, seconded by Councilman Molina that this constituted first reading. Passed unanimously by roll call vote. D. NEW BUSINESS 1. Discussion on filling City Treasurer' s position MOTION: By Councilwoman Mackey, seconded by Councilwoman Norris to place on November ballot. Passed 4 : 1 with Molina voting no. MOTION: By Councilwoman Mackey, seconded by Councilman Handshy to appoint Ralph Dowell as Acting City Treasurer until November election. Passed unanimously. -3- Atascadero City Council Minutes June 25 , 1984 2. Discussion of filling City Clerk ' s position MOTION: By Councilwoman Norris, seconded by Councilwoman Mackey to appoint Georgia Ramirez, Acting City Clerk until November election. Passed unanimously. MOTION: By Councilwoman Mackey, seconded by Councilwoman Norris to place City Clerk' s position on November ballot. Passed unanimously. 3. Consideration of holding a special election in November Council members agreed that both positions be placed on November ballot. 4 . Consideration of Resolution No. 29-84 approving payments of operating costs until adoption of FY 84/85 Budget. MOTION: Councilman Molina moved, seconded by Councilwoman Mackey to approve Resolution No. 29-84 . Passed unanimously by roll call vote. E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL Councilman Molina asked that a letter be written in support of Highway 41 bridge. —/ -m Councilwoman Mackey asked that sewer pr blems be discussed at an up- coming meeting. Mayor Nelson asked council members to make list of policies and priorities they would like to be made. CITY CLERK None CITY ATTORNEY None CITY TREASURER None CITY MANAGER City Manager, Murray Warden, asked for record motion approving Section 18 Grant, for Dial-A-Ride Van. MOTION: By Councilman Molina, seconded by Councilwoman Mackey to authorize City Manager or public works director to sign the documents for grant to replace Dial-A-Ride Vehicle. Passed unanimously by roll call vote. Councilman Molina and Councilwoman Mackey volunteered to meet with Ci Manager to screen applications down to 10 for position of Planning Director -4- 0 • ATASCADERO CITY COUNCIL MEETING June 25, 1984 MEETING ADJOURNED AT 10: 39 TO A CLOSED SESSION. CLOSED SESSION ADJOURNED AT 11: 03 P.M. Recessed for closed session to discuss possible litigation with City Attorney. Moved, seconded and unanimously carried that Mayor Nelson and Councilman George Molina (Alternate, Councilman Wayne Handshy) be appointed as a committee to consider reorganization of the City to study and report to the Council. Meeting adjourned, convened in regular session at 11:29 p.m. Minutes recorded by Georgia Ramirez GEORGIA RAMIREZ, Acting City Clerk • �ET' N AGEmDA ATE ?-q-f1_rrEm#:A72. • CITY OF ATASCACERO TREASURER'S REPORT JUNE 1, 1984 TO JUNE 30 , 1984 RECEIPTS TAXES Property Tax 12,690 .28 Cigarette Tax 4,213.64 Motor Vehicle "In Lieu" 32, 466.16 Sales & Use 149,164.20 State Trailer In-Lieu 1,490. 65 Other State In-Lieu 2,055.77 Homeowners' Relief 6,627.88 LICENSES/PERMITS/FEES 20,476.30 GAS TAX 38,401.04 TRAFFIC SAFETY 2,939. 73 RECREATION FEES 29,578.45 RETURNED FROM LOCAL AGENCY INVESTMENT FUND AND MATURED TIME DEPOSITS 165,000.00 • INTEREST ON INVESTMENTS 7,080.90 TRANSPORTATION SB-325 452. 72 MISCELLANEOUS Rents/Concessions 1,849.73 Sale Maps/Publications/Reports 418. 20 Special Police Services 54.00 Fines & Penalties 888.62 Dial-A-Ride Farebox 1,401. 51 Reimbursement to Expense 1,351. 71 Wil-Mar Disposal Contract 1,628.50 Refunds 6,934.27 Weed Abatement 534. 41 P.O.S.T. Reimbursement 176.42 E.D.D. Job Training 184.25 Miscellaneous 4,621.09 TOTAL $ 492,680.43 1 CITY OF ATASCADERO TREASURER'S REPORT JUNE 1, 1984 TO JUNE 30,. 1984 INVESTMENTS LOCAL AGENCY INVESTMENT FUND 1,3$5,000.00 TIME DEPOSIT, SANTA BARBARA SAVINGS 12.501 INTEREST, MATURES 12/12/84 100,000.00 TIME DEPOSIT, CITICORP SAVINGS 10.125% INTEREST, MATURES 01/22/85 . 100,000.00 TIME'DEPOSIT, CENTURY FEDERAL SAVINGS AND LOAN 10.25% INTEREST, MATURES 01/24/85 100,000.00 TOTAL INVESTMENT DEPOSITS $1t685,O00.00 - Ralph -H. Dowell, Jr. Interim Treasurer 2 • CITY OF ATASCADERO FINANCE DIRECTOR' S REPORT JUNE 1, 1984 TO JUNE 30, 1984 BALANCE AS OF MAY 31, 1984 5,858.92 DEPOSITED BY TREASURER, SEE RECEIPTS , TREASURER' S REPORT, PAGE 1 492,680.43 TOTAL 498,539.35 HAND CHECK REGISTER DATED 06/30/84 238,264.26 CHECK REGISTER DATED 06/08/84 38,984.84 CHECK REGISTER DATED 06/20/84 49,054. 82 CHECK REGISTER DATED 06/29/84 42,479.16 EXPENSE LISTING 100,373.61 TOTAL 469,156.69 BALANCE AS OF JUNE 30, 1984 29,382.66 PETTY CASH 200.00 • TREASURY INVESTMENTS SEE TREASURER REPORT, PAGE 2 1,685,000.00 TOTAL 1,714,582. 66 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. Dated: July 5, 1984 Ralph H. Dowell, Jr. Finance Director Murray L. 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Aaa as uu uuIuuu N v - c'm�au�auN- +� N. ccC .�. .;. a ® vE O ® E ! m 0 0 0 WN • ! a 0 a 0 09 0 �1 • •.�.. .. • �. • �r rr it �r � +r err ® ® � i1 u u CA r L Q ht _ G L � + D CS 4 z a.. G iu i P + Pz F + + 0 - c 0 _ nim aI� V p P > w N CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT JUNE 1, 1984 TO JUNE 30 , 1984 EXPENSE LISTING PAYROLL DATED 06/13/84 CHECKS #31323-31410 50 ,503. 14 PAYROLL DATED 06/27/84 CHECKS #31411-31501 52,195.67 VOID CK#20603 CK. REG. DATED 06/08/84 (613.45) VOID CK#20763 CK. REG. DATED 06/29/84 (996.75) VOID CK#20764 CK. REG;; DATED 06/29/84 (57.50) VOID CK#20767 CK. REG. DATED 06/29/84 (142. 50) VOID CK#20768 CK. REG. DATED 06/29/84 (50.00) VOID CK#20787 CK. REG. DATED 06/29/84 (420.00) VOID CK#20812 CK. REG. DATED 06/29/84 (45.00) TOTAL $100 ,373.61 -32- AG '1A 'D AV,I' 17EM • M E M O R A N D U M TO: CITY MANAGER July 9, 1984 FROM: PLANNING DEPARTMENT SUBJECT: TENTATIVE PARCEL MAP 11-84 APPLICANT: Bill Poole/Billie Danner (Twin Cities Engineering) LOCATION: 4600 Portola Road (Portion Lot 7, Block 16) REQUEST: To divide 5. 23 acres into three lots of 1. 55, 1. 55 and 2.13 acres each. On July 2, 1984, the Planning Commission conducted a public hearing on the above-referenced subject unanimously certifying a Negative Dec- laration and approving the land division request subject to the Find- ings and Conditions contained in the attached Staff Report. Russ Thompson, representing the applicant, spoke in support of the request and indicated his concurrence with the recommendation. Lawrence Vasquez, Portola Road resident, expressed concern over the road easement being accessible for fire-fighting purposes and agreed with the proposed location of the new hydrant. Ray Galize, Ramage resident, stated that percolation rates in the sub- ject area are poor and felt that measures should be taken to prevent any unnecessary drainage running down to Ramage. There was discussion among the Commission concerning the issues raised in the testimony given. No one else appeared on the matter. WAY LOFTUS 4RAY Planning Dir ctor y M a ger STAFFREPORT Planning Commission - City of Atascadero Date.- July 2# 1984 Item:` B-4 (Tentative Parcel Map 11-84) Notice of 'public hearing was pub- Public Hearing Case: TPM11-84 fished in the Atascadero News on Public hearing to divide 5..23 June 22, 1984 and all owners of acres into three lots of 1.55, record property located within 1.55 and 2.13 acres each in the 300 feet were notified by United RSF-Z Zone. States rash on that same date. A. Location 4600 Portola Road (Portion Lot 7p Block 16) B. Situation and Facts: 1. Request. . . . . . . . . . . . . . . . . . .To divide 5.23 acres into three lots of 1.55,' 1.55 and 2.13 acres each. 2. Applicant. . . . . . ... . . .. . .. . . .Bill Poole 3. Owner. . . . . . . .. . . . . . . . . . . . .. . .Billie Danner 4. Engineer. . . . . .. . . . . . . . . . . . . . .Twin• Cities Engineering 5. Site Area. . . . . . . . . .. . . . .. . .5.23 acres 6. Zoning. .. . . . . . . . . . . . . . . . . .,. . .RSF-Z' (Residential Sing14 Family - Law Density) 7. Existing Use.. . . .. . . .. . . . . . .Vacant (pasture) 8.- Adjacent Zoning and Use. ... . .North: RSF-Z,, SF.R.s Fast:; RSF-Z, S.F.R.s South: RSF-Z, S.F.R.s West: RS, S.F.R.s 9. General Plan Designation. . . ..Low Density Single Family Residential 10. Terrain. . . . . . . . . : . . . . . . . .. . .Steady slope up from: Port©la Road (5%) 11`. Environmental Status. . . . . . . . .Negative Declaration Tentative Parcel Map f-84 (Poole/Danner) C. Site and Development Data: 1. Site Area. . . . . . . . . . . . 5.23 acres 2. Required Minimum Lot Size. . . . . . . . . . . . . . .Lot Size Factor Averge slope (4.9%) .30 Distance from Center (4-6,000 feet) .10 Septic (severe) .70 Roads (City-accepted) .15 General Neighborhood Character (1.48 acres) .30 Required Minimum Lot Size 1. 55 acres 3. Proposed Lot Size. . . . . . . . . . . .Parcel 1: 2.13 acres Parcel 2: 1. 55 acres Parcel 3: 1. 55 acres 4. Access. . . . . . . . . . . . . . . . . . . . . . .Parcel 1: frontage on Portola Parcel 2: easement across Par- cel 1 along southern property line. Parcel 3: Easement across Par cels 1 and 2 along the southern property lines. 5. Shape. . . . . . . . . . . . . . . . . . . . . . . .Three "L" shaped lots located in tandem from Portola Road D. Subdivision Review Board: On June 7, 1984, the Subdivision Review Board met with the appli- cant' s engineer, Allen Campbell, to discuss the project. Members of the Board in attendance were: Shirley Moore, Planning Commis- sioner; and Fred Buss, Associate Planner. Discussion centered around the easement width, especially at the corners and rerout- ing around an existing tree and telephone pole, and the need for a fire hydrant on the site. E. Analysis Staff review indicates that this division meets all the require- ments of the Zoning and Lot Division Ordinance. Due to the depth of the created lots, however, a wharfhead hydrant will be required along the frontage of proposed Parcel 2. Site review also indi- cates that a tree and telephone pole are located in the easement. The easement will need to be routed around these obstacles and the two 90 degree turns rounded. 2 Tentative Parcel - Ma q184 P (Poole/Danner) F. Recommendation Staff recommends approval of Tentative Parcel Map 11-84 based on the Findings that follow and the conditions contained in Exhibit "A" . Additionally, Staff recommends that the Planning Commission certify the attached Negative Declaration as a complete and accu- rate document consistent with the provisions of CEQA. G. Findings 1. The application as submitted conforms to applicable zoning and subdivision regulations and is consistent with the Gen- eral Plan. 2. The project will not have a significant adverse effect upon the environment and the preparation of an Environmental Im- pact Report is not necessary. 3 Tentative Parcel Map I R-84 (Poole/Danner) EXHIBIT "A" - Tentative Parcel Map 11-84 Conditions of Approval July 2, 1984 1. Private sewage disposal systems will be an acceptable method of sewage disposal if reports and designs are acceptable. All tests, reports and designs shall conform to methods and guidelines pre- scribed by the Manual of Septic Tank Practices and other appli- cable City Ordinances. The following Note shall appear on the Final Map: "Appropriate soils reports including a percolation test, a test to determine the presence of ground water , and a log of a soil boring to a minimum depth of ten (10) feet shall be submitted to the Planning Department prior to the issuance of a building permit. Where soils reports indicate the conventional soil absorption sys- tems are not acceptable, City approval of plans for an alternative private sewage disposal system, designed by a Registered Civil Engineer, shall be required. Depending upon the system, more re- strictive requirements may be imposed. " 2. 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. 3. 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. 4. 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. " 5. 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. 6. Plan and profile drawings of proposed individual driveways and driveway easements shall be submitted for approval by the Planning and Public Works Departments at the time of building permit re- quest in order to determine average grade and appropriate improve- ment requirements. This shall appear as a Note on the Final Map. 4 0 ! Tentative Parcel Map 11-84 (Poole/Danner) 7. The applicant shall install a whaxfhead fire hydrant along the southern edge of Parcel 2 near the easement. Exact location and manner of placement shall be approved by the Fire Department. A letter from the Fire Department certifying the installation of the hydrant shall be received by the Planning Department prior to recordation of the Final Map. 8. The applicant shall provide a 15 foot wide access and public util- ity easement along the southern property line of Parcels 1 and 2. a. The easement shall be used for access and public utility con- nections to Parcels 2 and 3 from Portola road and shall be shown on the Final Map. b. The easement shall be routed around existing trees and poles and shall not contain sharp, 90 detree turns. Trees and poles along the southern property line of Parcels 1 and 2 are to be shown on the Final Map. 9. All conditions herein specified shall be complied with prior to filing of the Final Map. 10. A Final Map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City 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. 11. 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. Attachments FB:ps 5 RQAD 0 vsrs v� Zhu, A o �i r ! t a �a 12-A , 12 ' O Par G GJ `S4iO P g �2 o� V jfE, X113 t 3(a ` L4'400 16 a _—� 1 -8 R� ,c � 11JfR f tc� YAc—t"/'/gip (1-5—wAJcc t 5 30 � 166 fuum LAP ASA ARSlT" s ,vL � c 5505 �` Pwk z 6 ' Ig PA-+2 -? �woo 5� _ r ` 5 -%5 ►d, PAX ' ) r `p40 S 16 A 17 �G) $15s 37!05 ` O i� '�� ' '-72.-203 Gj-1 �4 4 O 5$ \ .� O o PO 37, co-?4-rS8 43 '� ° R� 38 ,z / 40 41 39 O Ll 0 19 1Jl � 1 S 11 Lb .4Zl t w 52- m - -)8 - s X16-A 0 ll ' 1/7 4,r51' W lAbZOO 55 sPIi3 �{+' 56 2�0 50 3�o p i 49 ACP ,� ,�_ f} N22'flf'M,Y :•co •fir M W O w I i u d].K I A - w x , � r i w r i i fi,v g k, 'POR TOL A ROAD � ^310 g rS� fi ao � � Sia y � ods i i \ x 6� Cl ME GAGEND- PATE {TEM§._ • rl M E M O R A N D U M TO: CITY MANAGER July 9 , 1984 FROM: PLANNING DEPARTMENT SUBJECT: TENTATIVE PARCEL MAP 9-84 APPLICANT: Fred Larson (Twin Cities Engineering) LOCATION: 7690 E1 Camino Real (Lots 10A, 11 and 11A, Block SA) REQUEST: To merge and resubdivide one acre of land into two 0 . 5 acre lots from three lots. On July 2, 1984 , the Planning Commission conducted a public hearing on the above-referenced subject unanimously certifying a Negative Dec- laration and approving the request subject to the Findings and Condi- tions contained in the attached Staff Report. Russ Thompson, representing the applicant, spoke in support of the request and indicated his concurrence with the recommendation. No one else appeared on the matter. AYN OFTU M RAY ARDEN Planning Dire for ty nager • STAFF REPORT Planning Commission - City of Atascadero Date: July 2, 1984 Item: B-3 (Tentative Parcel Map 9-84) Notice of public hearing was pub Public Hearing Cases.TPM9-84 . lished in the Atascadero Nevis on Public hearing to merge and re- June 22, e-June< 22, 1984 and all owners of subdivide one acre of land into regard property located within two 0.5 acre lots from three 300 feet were notified by United lots in the SCS Zone. States Mail on that same date. A. Location: 7694 El Camino Real (Lots 14A, ll and 11A, Block SA) , B. Situation and Facts: 1. Request. . . . . . . . . . ... . . . . .To merge and resubdivide one acre . of land into two 0.5 acre lots from three lots. 2. Applicant. . .. . . . . . . . . . . . . .Fred Larson 3. Engineer. . . . . . . . . . . . . . . . . . .Twin Cities Engineering 4. Site Area. . . . . . . . . . . . . . . . . . .One acre 5. Streets.: . . . . . . .. . . .: . . . . . . .El Camino Real is an undivided arterial with a 100 foot wide r ight-ot-way. 6. Zoning. . . . . . . . . . . . . . . . . . . . . .CS (Commercial Service) 7. Existing Use. . . . . . .. . . . . . . .Lots 11 and 11A are vacant; Lot 0A contains an auto `body shop. 8. Adjacent Zoning and Use. . . . .North: CR, commercial business East: CS, commercial businesses South: CS, commercial businesses West: CS, church and commercial businesses 9. General Plan: Designation. . . .Heavy Commercial 10. Terrain.'. . . . . .. . . . . . . . .. . . .generally level 11. Environmental Status. . . . . . .Negat .ve Declaration • 0 Tentative Parcel Map 9-84 (Larson) C. Site and Development Data: 1. Site area. . . . . . . . . . . . . . . . . . .One acre 2. Minimum required lot size. . .No minimum 3. Proposed lot size. . . . . . . . . . .0.5 acre in each lot 4. Access. . . . . . . . . . . . . . . . . . . . . .Each lot has 113 feet of frontage on El Camino Real. 5. Shape. . . . . . . . . . . . . . . . . . . . . . .The lots are rectangular and will be side by side. D. Subdivision Review Board: On June 7, 1984, the Subdivision Review Board met with the appli- cant and his engineer , Allen Campbell, to discuss the project. Members of the Board in attendance were: Shirley Moore, Planning Commissioner; and Fred Buss, Associate Planner. Discussion was restricted to the fact that this is a merger and resubdivision and that conditions imposed will only be equivalent to a lot line adjustment (Commission policy) . The Board had no concerns. E. Analysis: Staff has no concerns with the project. Two of the existing par- cels are vacant and the third contains the applicant' s existing business. Curb and gutter and a fire hydrant already exist along the property frontage. F. Recommendation: Staff recommends approval of Tentative Parcel Map 9-84 based on the Findings that follow and the conditions contained in Exhibit "A" . Additionally, Staff recommends that the Planning Commission certify the attached Negative Declaration as a complete and accu- rate document consistent with the provisions of CEQA. G. Findings: 1. The application as submitted conforms to applicable zoning and subdivision regulations and is consistent with the Gen- eral Plan. 2. The application as presented will not have a significant ad- verse effect upon the environment and the preparation of an Environmental Impact Report is not necessary. 2 Tentative Parcel map 9-84 (Larson) EXHBIIT"A" - Tentative Parcel Map 9-84 Conditions of Approval July 2, 1984 1. 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. 2. 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 en- able the survey to be retraced. 3. The location of all improvements and easements shall be delineated on the Final Map. 4. A recently updated preliminary title report shall be submitted 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. Attachments Ps 3 si�F:!. °Sa �,� ,til . � �' 9 •." ko By Rol ° ti .110VA" � 1179 ` 3 4. 51 Ib L or Wo 37 ,4b b�Gy G 6 1 Z� X10 te° 1 �b0 i A-' 6519 th IL �R eb M �0 85 06�►_ h v1A9 X555 } p 1 ti Ft ao .Y 4 N S!b `3, A `� � �6892? 14 ,PAS 11 LS �' �55� q ► � ,1 a^py IS Ati it i 711���� 10 f7los Z 155 y F 24 75, T3� tT' 9 so eti y6 It, 8 b e 7355 `8� 4 $ ti bg5 ',. 1 Pc �5 . u �5 �e 10 74059 48501 � � -i• 5s7 o 7450 7+550 +5�fl-1 �C71K7p ! ss 7g i A8 !Z 7500 6900 - be Wig. r 6 3 75p 21 _6950 s a 8'7(on ..� 75j 2,2 47ab 80 0.6,0 a1Df `� o AT- 78-Lo9 r 3'l�so '�s �$ o ��.� LSF-Y(FH) 7jzo 6�s � `AT- 73- 65 s �? AT- 7 2 24 'off 'y t*�`�, �TPT// /Pr ig i� E3 44. '� �7/Q R AT -78.tOO 7190 M��Z��� ;g n3 �e ( 6't- U L 11Fi#1�t If�l IC./Pc— t ab 7a6o �'�' ►s B' > L 0'T5 10"1 t�� .//71 TRACT 1Go'+ r� LSF Y (FH) $000is lip / / ,, /r VOAJ ITIEs ff 3 >Xr2H 31Yxv j S PG .� --- {f-A19 16 ao� 40 s° s ` � �7 `r oS '�gti bob`� -tom a✓� j 0 <e V ca cr lic js tA ••r E-QU � �5,.5'^c��� �-c����� !G tom,, � �s.-) •�d' . Jai ^'� cr ' �• 7 �m�v� `c ✓� -��6J oar 002 I m .to S 23 -. J ,t- CD N s co ` cz / L on A.10 / � o I i 01 t� , i AG N;A DA ITEM M E M O R A N D U M TO: CITY COUNCIL July 9, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP AT 820629:5 LOCATION: 5450/5480 Pescado Court (Lot 4 , Block LB) APPLICANT: Jack Stinchfield (Stewart) On September 27 , 1982, the City Council approved tentative Parcel Map AT 820629 : 3 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 Low Density Single Family Residential. Staff review has determined that all con- ditions of approval have been met. On July 2, 1984 , the Planning Com- mission reviewed the matter on its Consent Calendar and recommends acceptance of the Final Map. WAY. LOFTUS 4CityAyanager WARDEN Planning Director Ps • 7t .'`,n. �!3�4� W �w/�[ � � W 3 r .� .! q . p�W V 1 .,}.����� ;� 4•. t Lei ;:.# +f w! (fl m Zi ZL ct aC`�'�oQ ��}+��m1y�, �� ��g W . � Whggi�� ,,. 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IN ; ! b ( I /YQM 61,to aIN 4y•rF> �s - 1r V ><� � m S I a• wgrll i .,��, .n I' , ,., r+ i'.W� 7 • I E + x'` t `�, ' �±"'� a �. a;� !�l�b,; �5 t w3 as� ..rr.g n a ' { - I•• �._. yid i >Rpct � � J,�ra ,wp ,� c��T ., �. �i}:: 1 + - } 9 �'� s sat 1'+ � '� ✓ t• v.,-y } 1- �; h { m &°W1�m �a�r, r ��Q��b Z+ .�J O Z� �o> � zo ggyp;�opl $¢�wy!N • �' �14@�yWx °s r�e��(��j��� .�7 � �Wx� �� it at ¢�W>xWy�Nog�V5Ue2 oo �yjj �x yZ WW o� WWoe> > oxob[¢LWx o a x8�lz ti -+- yoxN N�x � g� t�W ¢ fig ZW���°� �a�m W2., pZ yN�O"'OhEZ•1�'W>•W - v� a p W NI: 2°Mb2 `.Y O alppp N • yy..2�1� R y� - '� I >C O Z>2x1Z>O E'�E,7�2W ` 2N N u R tr 8°y0�Jj112 V Q�v�y}y�pp 21:`W Zy t� O 4V 5`�W�x I` t i "W OY�" 2 22� N 2 W W 8 S 4[ -. O ♦WW�O�W W��WyaW t`$`O $$W yx :' f R' 22 �yWN'�2 �t s��oxx�� ytl�°Oi��i$���°��$k1�° OLOt tQ tlt2ONO2V�� �L�C'A' a� Za�O AU6 m�a 6U h��V�.O����ara'?1Wi.R'b hQ YQ igW SI^� "t 1 i t !;._; C :,r •tk{jpip :L°y� .�.s$;. t i r f•�'''i I - F`1 .r1 +�"�._'..neea++t•c,, 1 i' .,.NAY L }'S. ar°'`.tt UD}•,,Ns'7Y ?'t;�;4 G in' fit{ .-?-. -N �- r-;: �•°�'..y!Le 'er' E �'�' �a 4>�a ex" -x,r1 k �'•*f.c dtM ��,[,.:y} F-`�; �L'-a�"} + �"'i` - ..... ...��t't'�.t.,r��s.s•• ..rk -r�H'�` � .i rr.is,.r.�'kw e!'�.lyf�.a.�.'S4 wt.�-�+�+!'i}R � a.:,1!'� 4..!f.�`6.+1..�14:r`f';s>z`.,>:t%R� �2+ JT MEG Id►GFi*iDAl�A DA c� rr if M E M O R A N D U M TO: CITY COUNCIL July 9 , 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP AT 820629:3 LOCATION: 5390/5430 Pescado Court (Lot 5, Block LB) APPLICANT: Glen Gaultney (previously Jim Porter) (Stewart) On September 27 , 1982, the City Council approved tentative Parcel Map AT 820629: 3 subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is RSF-Z and the General Plan designation is Low Density Single Family Residential. Staff review has determined that all con- ditions of approval have been met. On July 2, 1984, the Planning Com- mission reviewed the matter on its Consent Calendar and recommends acceptance of the Final Map. YN OFTUS MURRAY Iff WARDEN Plarffiing Director City Manager Ps • q N R �Q � NmQ ,e I � Q Q W Q � �eo �3$ �Q84g'� v)Q� & OQVY : i J Q U ° ZN Xk2 $ UkW I ... V°o () vkp WQQ goom z QwW��� x=\gym I Y' m� a .. >�> _ + � ~ N Y QQ� `W tJi•t �!'� men N , y, •O h h h.vryj Q �,'Iti `Q �V`Y i� Q°`222�W�ryltlW QQW�lNy Q �•' �C,• e• dad) 5x109 i9�Ed rl �-`�� � '•J N e J btb '(W �i�4�� o `C � t W).►9 bSr N w k f? oa. t— � 1 vl'W W 4 W V vZIA �'^ e ��j� � N T•���J'jbB ��? � i i { yQy� N V � /wed as �N'odi aiyin �`•� PG 05 M'0( Qz W �/ �. X28.5 '•� �`" \e� W > == n R,k imllyyjyy}}�� ..Wt 2b WIL• R� ���y}y}y}```��' W �� � 2 � W� �'' 2p2 mFh �k eg3 C�• W W >t'�° aa �e� gQ,o�3 i $Q¢ �WWvy�y�� � x a��e� 5,5 'o: dg� ` ti ��W� � �' o3W�i'3��E ��8��¢3°���� Wi•� N�� ��Q���g�� `W 23g �¢N� ¢NW` vl>O'Y +> S _ N X21 P`QR N�� �°'q¢o►:1�. >���..� � �����Y�Qpa`�� i V=x2q W 0 V 4k�{y^ �CrJ 2 �O O�W W S"; •} �l Nyy$jQ�NQ Q�Qymy=2 W�Oi W Q�¢o�pp��2�¢ 4y�20 ���4?i�R p p lW N�WO tiW�6d`y'• `y� k pWp 2°�$ 4 Q ¢Cg2 W 2 MrTI;�i AG_�DA DATE IT DA� � 7 • M E M O R A N D U M TO: CITY COUNCIL July 9 , 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP AT 820629:2 LOCATION: 5465/5495 Pescado Court (Lot 11, Block LB) APPLICANT: Jack Stinchfield (Stewart) On September 27, 1982, the City Council approved tentative Parcel Map AT 820629:3 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 Low Density Single Family Residential. Staff review has determined that all con- ditions of approval have been met. On July 2, 1984, the Planning Com- mission reviewed the matter on its Consent Calendar and recommends acceptance of the Final Map. WAYN� LOFTUS M1VRRAY A. WARDEN Planning Director City Mlanager Ps } :Q N a e x hU Y4 w a U iY o� ��• � � � h 1. � 1y p_ 1. �� x �� �iV N 4.W \ h 4 I.ti V V Yj � :¢. � O ♦) b ' SS Ci$ 4im yd��lCW¢4�aw xx 41 x aoN U3yW,� x W Id�'CQ O - ���� N N A Y� N 4 °��•1 �V]�N N� � �J m W J I = a . 4 v? (N en![r ra Ilrl.aria! Al, CA ¢V U w y� '0 r! 33 d aa-s•aes� �Wm �� moi` `, __-__ — �.! , •� � � oNNNNaay ``.�WI�e v`v" : M1'" w j RQQ!!Qa 63�0� �s\ � i o9.� 1 •� �5 _ �U � 1 tlwa Sw 1, W \ 0� p „j V 8 � I VvS 2�. Wgbd¢ ¢ (u2 k�y� ,Y�N�1. d� �9 tib'¢� y�O4y��2Was �W4 W2 ��� ff W W m�N J ¢W O 2 a 2ti a �W mJ 2 a W �aW m¢ .- z" uQ3Q �@'fijW�h�>Wo ✓r �a � R-IZ 3�y W1���W��yoW�¢w'�� $ iva^� i Ri g co � 8Q3¢°�mo '�Y:e�W �"miff 'W Q a �,1 1. ��3��Nr pp"W 2 MR 4P.0 a a 9QQ N O p ¢yJIO.hQ i 1. g4 2 'kr W> A E ~�ff�W'$�� vWNA4og$a� �'�i q�Qy��a � c 3a2;W�'hq oto H°a���I�W3 aS \. JEG '. 'yW�b�ZW'a�� y°W c a N�QW ��y�a'ffQea�Wfs£�&> 2W� w�be jr. � �i�u 4oN�� ��"� N b�: oiW` h`¢W✓`�QWhW2� p iQ�3$kW���aa � ����^�¢NW L�3�Va 7 w� 2 VV - 0�4O�a Q2j�ia�OON��WOOS�iwN 2 w♦2�r X13 AGENDA • M E M O R A N D U M TO: CITY COUNCIL July 9, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of LOT LINE ADJUSTMENT 4-84 LOCATION: 5100 Alamo and 5015 Rosario (Lots 13 and 58 , Block Q) APPLICANT: Frank Garza (Stewart) On April 9 , 1984, the City Council approved Lot Line Adjustment 4-84 subject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission. The zoning is RSF-Y and the General Plan designation Moderate Density Single Family Residential. Staff review has determined that all con- ditions of approval have been met. On July 2, 1984, the Planning Com- mission reviewed the matter on its Consent Calendar and recommends acceptance of the Final Map. WAY;i-t LOFTU = MqRRAY V. WARDEN Planning Director City Ma ager Ps • ��NI� � � aa��) �;•��+ �� Say �Q' '_ ipag`�i� °cg" V`ti a"'�'i + • R �" F t t. �� � �t ,NQS{�Q Al to P r lq ;411 11 ? .} x°�,a C I� ¢ t 1 t £ ,b.nf •2,,b'ild ♦ z 4h.t 'P,•I.f.A-Tf]'T i 3 4 I� aa ��j a� ;\� I r �' 17. k •��' '� ( .: z NP ro2DM Nl �T w%,; Imp 51 2 ° 2 a jC t I I'Y N 7 Sl M Ilb 129 NB.os zn zo sl !N/' �' 4 y TT 4 C t k fc on q a 4 ,g1.75 INF i '444 / ° c� P .. �t� -R q{ •lr...3;z. .'. �' Y� :> �� .. > N p . Q� ° �_ \�l0 069 �. Q � ._ 3 (W).tF+(y1k':.•, .a \� e`• 4 cZ Asti (W tYl a J °04 C / , 129,1W1t�y1W °o yry r. 812 9�C lW ib t'°Y g C i F m a=g 21n � - � a� P • tea o; asa p,�. Rao �^ to w � • s yo a il� N'�an .. � r � ([ .�.,3,+re,��xsa Kr:�� 71 '.^a °� C S,-� •+ - P �. I .. .$•o '� F al o e i - •n,� m a of .. x t ,i i+t r t j.,; i ]AA';°,i n� TZ F axl0 g ae $ ;QyQ�Q�2inn y $tt" en nw� °C� Vy _ NY?r�ll F yak ^�aH Mb i Q �CC � tbV O � IF'SZE Yt H Ll y ° 62 � IR n 2 i. �� � $I� s O r,,y� +' y = 3� � ��<g� < `'� oaeg � tc/sr� •s�i���3, �'�.Q rn� � ,. X41 �!••• a �$Q 1 s c�r� y ''s4 �'��} �,�� ��A�� r � �6 + A A t t r i MEETi `AGND A C, DAZE _ 1TEM • M E M O R A N D U M TO: CITY COUNCIL July 9 , 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP AT 820629:4 LOCATION: 5300/5330/5360 Pescado Court (Lots 6 and 7, Block LB) APPLICANT: E.B. Finch (Stinchfield/Stewart) On September 27, 1982, the City Council approved tentative Parcel Map AT 820629 :3 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 Low Density Single Family Residential. Staff review has determined that all con- ditions of approval have been met. On July 2, 1984, the Planning Com- mission reviewed the matter on its Consent Calendar and recommends acceptance of the Final Map. WAYW LOFTUS M RAY WARDEN Planning Director City M pager Ps m I W I I �'21 Z �o i� � � �� . s o Nab a Q a°� ►� W, o' �JC�p� �ffemOB¢ TW/// :U� Wry ��bj•q w Wm °� y a 1�I V4) n Q��Wa ;•,hW • o WS a oaf I- �i co co to y W� W \l 41z?3��¢W S V c V�1aa Q d C� azo _ Ute o Qi pp o it s¢ W'"`W m k�¢ aaW ° � &�V "� � _ /B�B9 e'�r•� W �"_'�3 aR& � �� t ,htihryb l5/ N♦ .� .I ��� T .��M,•° � &� ��6 , \�i��Q may/ x \� •�,�,ey � b� ,°m"'o�r "*7 .^x¢a" NpP� � ly tib Q+v€a •mom I o �1 ,p! � Z 2 �3 W�� f =Qx "-R A� I .p.,,� ?fit.�+ _ v � �i� I / •. .} '. ! y# q �w`��� SRc� .V��� �`�1 t1 ✓ pg of • fc!a��j,(C^�¢`!1 s-'�Fi 1'Ta E3, v N n$ . `'i 7�Cf 7� 9 h�2��? � Z OO i� .f a' p �f ¢�J�. •,� � M A q V •� N �40oV� o j \ .,gi' �(`• °N' $ a u� `` m „� m `L' e w I. l 4� W�o2° NO2+ti� T Q 2� W Q Ly�� ¢CV ROJ 3j�1``m�Q ¢� ry. AbbO bbe 6�♦CO R�W�Qa��-' ®�N� Ix. � `` v� ��¢•�Wp°-N N N ^f � W N! ... 44 o2 o �r�R yy, Q qF2 £gF �uQQ3R m W o u W b 5°Te e�sa 6yWC A W -\ x�°2�y W o 20 �2a WQ a oitiQ N S � 2 i,. ` 1ST L _�. Y33WF sv S2 F O � � F C W�Sl {��;��g 3 y S�w� •�, W 2 yx�� e �. 4��� $�i� �- �� ��N y NhIU 3 � `off �x RS Or.�QQ W'y¢0a00 WWW�iR ¢iDVW�2 f2 ^'wr ,, �OJ ¢hs M��O Wi �\.I R` N.�OW �£" VW. N �+ �YO¢W 2W W�RQ0��4>2�0�0 NO�•] ¢ yj iK k ..33`I �2i�u��' �w2�cQ���i���.,�:� '�*� �vy��� irr3, �tlQ� :I� g�Wp�p>>i'''^�Wa�2� ale¢�►'�WQo�,���ti� W¢+.W�^4 x°M N ti �n'� �2, �W 1 C '. R=�,,`�� ��R 6?=x2.��N �¢'��•i N 0�h j� Q 4 �x � � � bW w� '°• m F g � O�z� i t n°6Q �-• 4Q-t}�F w �� �. NU O�h 2i.` �� ��•c2i h �O AG 'IDA r DATc ITEM • M EM O R A N D U M TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: CONSOLIDATED JOINT POWERS AGREEMENT DATE: JULY 5, 1984 Attached is a copy of the rewritten JPA document which functions as the basis for JPA operations for self-insurance. This document is a consolidation and rationalization of three other . documents which were developed as each of the JPA programs were formed; that is the liability, worker ' s compensation and medical insurance programs. Because each was developed at a different time, there was and is a great deal of repetition and unnecessary verbiage in the three documents. • Because of this, about a year ago the City Managers decided to consolidate the three documents. In doing so, they did not change the effect of the JPA, rather made it, if possible, an easier reading document. However , since it is a rewrite, it does require ratification by each of the City Councils whose cities are members of the Joint Powers Authority. Your approval of the attached document is therefore required. MURRAY L. WARDEN l CITY MANAGER • So California Street 0 Suite 800 0San California 94111 Q (415)433-1440 KINDLER td LAUCCI INSURAN4M BROKERS AN E.H.CRUMP COMPANY L U��� JUS DATE June 18, 1984 TO: Board of Directors Central Coast Cities Self-Insurance Fund FROM Dale McPherson SUBJECT: Consolidated Joint Powers Agreement : Attached is the revised Joint Powers Agreement with changes needed to reflect the decision to limit the JPA to cities only. PLEASE NOTE: Employee Benefits, Section 4.`02, last paragraph, page 36. This paragraph has been °rewritten to reflect a funding level based upon a Monthly contribution amount. This now more accurately reflects the JPA policy discussed at the 'last meeting. Please submit the agreement to your City Couxscil for approval and upon 'ratification return a certified signed .copy of the document to me'. DM:ck Attachment 4_ SSW"W4=0 GSM MWOPAW ALTO 004C010 0 0t*4 8£ACH O M&LBROOK JOINT POWERS AGREEMENT ESTABLISHING THE CENTRAL COAST CITIES SELF INSURANCE FUND Public Liability Workers ' Compensation Employee Benefits R E C I T A L S WHEREAS, a Central Coast Cities Self-Insurance Fund has been established by agreement and procedures for the administration of self-insurance have been adopted; and WHEREAS, the Central Coast Cities Self-Insurance Fund is composed of three plans being: Workers ' Compensation Public Liability Employee Benefits WHEREAS, the Cities of Arroyo Grande, Atascadero, Grover City, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo and Santa Paula have entered into a Joint Powers Agreement relating to Workers ' Compensation; and -1- WHEREAS, the Cities of Arroyo Grande, Atascadero, Grover City, Guadalupe, Lompoc, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo and Santa Paula have entered into a Joint Powers Agreement relating to Public Liability; and WHEREAS, the Cities of Arroyo Grande, Atascadero, Grover City, Guadalupe, Lompoc, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo, Santa Maria and Santa Paula have entered into a Joint Powers Agreement relating to Employee Benefits; and WHEREAS, said Cities intend to consolidate the above- stated procedures for administering the Central Coast Cities Self-Insurance Fund and the agreements relating to public liability, workers ' compensation and employee benefits into a single agreement; and • WHEREAS, the following state laws, among others, authorize the cities to enter into this Agreement: a. Government Code Section 990 permitting a city to insure itself against tort liability; b. Government Code Section 990.4 permitting a city to provide insurance and self-insurance in any desired combination; -2- C. Government Code Section 990.8 permitting two or more cities to enter into an agreement to jointly 9 7 Y fund such expenditures under the authority of Govern- ment Code Section 6500 - 6515; d. Government Code Section 6500 - 6515 per- mitting two or more cities to jointly exercise under an agreement any power which is common to each of them; and WHEREAS, each of the cities desire to enter into an agreement with each of the others for the purpose of insuring against various risks jointly, rather than individually; and WHEREAS, after obtaining studies and recommendations each city has determined that it is economically practical and for its public benefit and in its interest to do sa. NOW, THEREFORE, IT IS AGREED AS FOLLOWS : ARTICLE 1 . GENERAL PROVISIONS 1.01 Authority and Purpose This Agreement is made under the authority of Govern- ment Code Sections 6500 - 6515 between the following Cities : ARROYO GRANDE, ATASCADERO, GROVER CITY, GUADALUPE, LOMPOC, -3- 0 • MORRO BAY, PASO ROBLES, PISMO BEACH, SAN LUIS OBISPO, SANTA MARIA AND SANTA PAULA. The purpose of this Agree- ment is to exercise jointly powers common to each city by: a. Pooling on a self-insurance basis various risks in excess of established deductible amounts and up to a jointly selected maximum; b. Jointly purchasing excess insurance coverage over the self-insured maximum; c. Creating and maintaining various Plan funds to pay the cost of the self-insured portions of losses insured against. d. Implementing a risk management program; and e. Providing for including in the future addi- tional cities which desire to become parties to the Agreement. 1 .02 Definitions a. The "Fund" means the Central Coast Cities Self Insurance Fund. b. "Member" means a member of the Board and in- cludes an alternate member; -4- C. "Entity" , "agency" ,"a enc " "participating participating agency" , "member agency" and "party" refers to each city participating in this Agreement. d. "Board" is the governing board of the Fund; e. "Consultant" is the risk management consult- ing firm; f. "Claims Administrator" is the claims admini- strator hired by the Board for each Plan to determine liability and make or recommend payments from various Plan Accounts. g. "Covered Losses" are those losses covered by a Plan from claims against cities which are in excess of the city' s deductible and are insured by the- Fund. h. "Plan" refers to one or more specific self- insured programs in which a city participates as a member of the Fund, i.e. Workers ' Compensation, Public Liability or Employee Benefits . i. "Plan Account" is the fund created by the Central Coast Cities Self-Insurance Fund for the purpose of paying the cost of a particular Plan. -5- j . 0 Operating Sub-Account" is the monies estab- lished for a specific Plan by the Fund for the pur- pose of paying insurance premiums, administration and other costs, except the payment of covered losses and loss adjustment expense. k. "The "Loss Sub-Account" is the monies estab- lished for a specific Plan by the Fund, for the pur- poses of paying reported losses, as well as, re- serving for probable future costs for claims both reported and not reported. 1 . The"fiscal year" is the period from the first day of July of each year to and including the 30th day of June of the following year. 1 .03 Central Coast Cities Self-Insurance Fund Established There is hereby constituted an entity separate 'and apart from the agencies party to this Agreement to be designed: "Central Coast Cities Self-Insurance Fund" above and hereinafter referred to as "Fund" 1 .04 Board of Directors Established Responsibility for the control, direction and admini- stration of the Fund shall be vested in the Board of Direc- tors hereinafter called "Board which shall consist of all members. The membership of the Board shall at all times be -6- • 0 equal to the number of cities becoming and remaining a party hereto. Within fourteen (14) days after the execu- tion of this Agreement, the City Council of each city party hereto shall appoint as its representative the City Manager, or City Administrator. The Board member shall serve and be subject to removal and replacement at the pleasure of the appointing city. The City Council of each member city shall authorize its representative to appoint an alternate for such representative who shall attend meetings in the event that the appointed representative is unable to attend and who shall, as an alternate, have the same rights as the representative so appointed. Each entity party hereto shall file with the Fund a certified copy of the resolution of the contracting city appointing its member. 1 .05 Board Meetings The Board shall fix the time and place for its meetings and shall hold at least one annual meeting. Spec- ial meetings. may be called from time to time by the Chair- person, or upon written request therefore by at least one- third of the members. A special meeting may be called by the Chairperson or upon written demand by one-third of the members of the Board by delivering personally or by mail -7- 0 • written notice to each Board member. Such notice must be delivered personally or mailed at least forty-eight (48) hours before the time of such meeting. The call and notice shall specify the time and place of the meeting and the business to be transacted. Business other than as speci- fied in said notice may be considered at such special meet- ing only upon consent of a quorum of those members present. All meetings of the Board shall be open to the public subject to established exceptions under the Ralph M. Brown Act. The Board shall instruct its Secretary to keep full and complete minutes of all meetings which shall be public documents and available for inspection in the office of the Secretary at all times. Each member shall receive such compensation for his/ her services as shall be determined and paid by the city appointing him/her. The Fund shall not compensate any 'Board member. No business may be transacted without the quorum of the members of the Board being present. A quorum for pur- poses of each plan shall consist of one more than half of the members of each such plan. In the absence of sufficient votes to act on any matter, it shall .be deemed tabled. The Board shall adopt appropriate rules, not inconsistent herewith, for the orderly transaction of its business . -8- • • Members shall only vote on items before the Board that pertain to the Plan in which they participate. 1.06 Board Officers and Employees The Board shall elect one of its members as Chair- person and one as Vice Chairperson. The Chairperson shall preside at meetings and in his/her absence the Vice Chair- person shall preside. The term of office of the Chair- person shall be as is determined by the Board from time to time. The Board shall appoint a Secretary who shall be responsible for the preparation of minutes . The Board may at its discretion secure the services of an in- dependent clerical assistant to assist the Secretary in minute taking and there aration of written correspondence P P and documents. The Board shall appoint a Treasurer, who shall be, until otherwise determined by the Board, a Finance Director of a member city. The treasurer shall be responsible for the custody and maintenance of the records of the Fund. The Treasurer shall also perform the functions of controller and shall have the duties specified in Section 6505.5 of the Government Code. The Board shall secure the services of an independent auditor to perform audit duties. The Treasurer -9- shall furnish Aidelity bond in a minimum•ount of One Hundred Thousand Dollars ($100, 000.00) conditioned upon the faithful performance of the duties herein prescribed. The amount of bond shall be determined from time to time by the Board. Any premiums for such bond shall be a proper charge against the Fund. 1.07 Powers The Fund is authorized, in its own name, to do all acts necessary for the exercise of all powers provided for herein including, but not limited to each of the following: a. make and enter into contracts; b. incur debts, liabilities and obligations but no debt, liability or obligation of the Fund is a debt, liability or obligation of any city which is a party to this agreement; C. acquire, hold or dispose of real and per- sonal property: d. receive contributions and donations of property, funds, services and other forms of assis- tance from any source; e.. sue and be sued in its own name; f. employ agents and employees; g. acquire, construct, manage and maintain buildings ; h. lease real or personal property including that of a member entity. -10- 1 .08 aration of Plans • Each Plan of the Fund (Workers' Compensation, Lia- bility, Employee Benefits and any other plan later added) shall be autonomous. Cities will participate only in the Plans so authorized by City Council resolution. 1 .09 Fund Administration The Fund or its designees, shall be responsible for the receipt, processing, review and payment of all covered Plan claims. The Fund shall receive, collect, invest and disburse monies paid as premiums by cities . The Fund is empowered to take all actions necessary to carry out the purposes of this Agreement. The Fund may hire or contract with persons or firms as required to carry out its legal, accounting and administrative duties and responsibilities. 1 . 10 Fund Function and Responsibilities The Fund shall perform the following functions in discharging its responsibilities under this agreement: a. negotiate and purchase excess insurance policies; b. provide claims management services; c. •provide claims recovery and subrogation services to investigate, pursue and collect for damages caused by the acts of others; -11- • 0 d. authorize and/or select legal counsel; e. provide loss statistical information for risk management purposes. f. assist entities in developing their risk management program including loss prevention and safety services. g. perform other functions as required by the Board for the purpose of accomplishing the goals of this agreement. 1 .11 City Function and Responsibilities The city shall perform the following functions in discharging its responsibilities under this agreement: a. appoint its representative and alternate-to the Fund Board; b. maintain an active risk management program; C. promptly remit fund contributions when due. d. designate a risk manager charged with im- plementation of the entity' s risk management program within the city; -12- 0 • e. cooperate fully with the Fund in reporting on and in determining the cause of employee injury and illness or damage to other parties, and in the settlement of such claims; f. comply with safety/loss control require- ments established by the Fund pursuant to this agreement; g. establish a claims management procedure; h. upon withdrawal from the Fund, city shall remain responsible for any losses and any other costs which it has incurred while a member of the Fund and for any losses as specified in Article 1, Item 1 . 14 (Excess Losses) herein. 1. 12 Establishment and Administration of Plari. Accounts a. The Board shall establish the follow sub-account within each Plan account: (1 ) a Loss sub-account, by participant; (2) an Operating sub-account, by function; The Plan Accounts shall be separately maintained. No Plan funds shall be mingled with any other Plan funds except for purposes of investment. One Plan account is not available for payment of any other Plan' s, claims and expenses. -13- bl The Board may establish such other Plan sub-accounts as it considers necessary. 1 .13 Reserves If, in the opinion of the Board, excess monies exist in the Loss sub-account no rebate of those monies may be made to the participating entities. Rebates may only be accomplished through reduction of future Plan contributions . 1 .14 Excess Losses In the event that the total losses and loss ex- penses of any Plan in any fiscal year exceed the contri- bution, for such fiscal year, the Board may in its discre- tion recover said deficit in excess of the contribution amount. An assessment, if applied, will be made to each city to recover the deficit for the fiscal year in which the deficit occurs. Each city' s share will be the ratio Of loss of each city in the Plan as a portion of total .' losses of all members in the Plan for the fiscal year times the deficit which has occurred. The determination of total loss for a fiscal year shall include all accidents or claims occurring during such fiscal year and all related expenses. With respect to losses the term "loss" includes all claims paid, legal costs and all other costs related to the handling and satisfaction of the claim and such loss includes both the Operating and the Loss sub-accounts. It -14- ! 0 is recognized that the full amount of losses as they occur in a fiscal year cannot be fully determined until all claims have been paid. Pending such determination the Board may establish a loss reserve and shall have the right in its discretion to use such reserves to recover a portion of the deficit prior to final determination with the right to recover all deficits when all Plan claims pending for a given fiscal year have ultimately been determined. In the event of an assessment for excess losses in a Plan and if loss reserves exceed actual losses for a given fiscal year, such excess shall be placed in each Plan members account on a ;pro rata basis based on contributions to such accounts. In the event the actual loss in a Plan exceeds the reserve each member shall be liable as herein provided for such excess. The Board must make its final determination within two years after final resolution of all claims relating to said fiscal year. 1 .15 Records The Fund shall maintain or have maintained accurate loss records by Plan for all occurrences insured against and all claims paid and for such other matters as it re- quires or directs be maintained. The Board shall insure that a complete and accurate system of accounting of Plan Accounts shall be maintained at all times consistent with established accounting pro- cedures . -15- Members shall have the right to inspect Fund re- cords relating to the Plans in which they participate. 1 .16 Settlement of Claims Each member of a Plan will grant to the Plan' s Claims Administrator discretionary settlement authority. All settlements in excess of the settlement authority of the Claims Administrator will require approval of each entity subject to provisions of the city' s municipal code or procedure. 1. 17 Limitation of Obligation Except as provided in Article 1, Item 1 .14 with respect to excess losses, the Fund shall have no power or authority to incur any obligation on the part of, or chargeable to, participating entities in excess of the requirements for contribution to the Fund as specified - in the contribution formulas adopted by the Board. Participating cities shall not be obliged in any manner to contribute money to the fund in excess of their respective contributions, except that member cities may be assessed by the Board in its discretion for excess losses as herein provided in Article 1, Item 1 . 14. -16- 0 0 1 . 18 Investment of Funds The Treasurer shall invest surplus cash from each plan to produce the highest return on investments con- sistent with sound investment practices. The Treasurer may invest surplus cash in any instrument of indebtedness in which cities by law are permitted with first considera- tion given to investment in the State of California Local Agency Investment Fund (LAIF) , insofar as LAIF provides the best yield. The Treasurer shall submit to the Board of Direc- tors no less than annually, a report of investments. The report shall include, but not be limited to, a list of investment instruments comprising the Fund ' s portfolio, rates of interest, and annual yield on investments. 1. 19 Contribution Rates The Board of Directors shall determine contribu- tion rates for each plan annually based on the Consultant' s analyses and recommendations. The Board shall also deter- mine the method by which contributions will be paid to the Fund. The Consultant will furnish all members with a summary of the method used in determining contribution rates for each of the public entities. The Consultant shall inform participating entities of the projected contribution rates, by Plan, for the following fiscal year no later than April 15th. -17- Each city consents to an audit of its records and agrees to supply all information necessary to establish the contribution rates. The Treasurer shall distribute the bills at least 30 days before the end of the fiscal year preceding the year for which the charges apply. The bili for Plan con- tribution is due and payable 30 days after receipt unless otherwise designated by the Board. Interest shall accrue on past due obligations at the rate being earned on in- vestments at the time and each entity agrees to indemnify the Plan from any expense resulting from failure to pay the sum due on or before the due date. The Plan contri- bution rate to each entity is in payment for the participation in the Plan for the fiscal year specified. Each entity by the act of paying the contribution rate accepts the coverage provided by the Plan. . The Board may elect not to provide coverage if a city fails to pay its - contribution rate. 1 . 20 Accounting Procedure The Fund, by appointing a member entity or private accounting firm as Fund Accountant, shall insure that a complete and accurate system of accounting of the various plan funds shall be maintained at all times consistent with established accounting procedures . The Accountant will be -18- responsible for all bank accounts of the plans and reconcile- ment of Claims Administrators records of claims paid with the bank statements. The responsibility for various accounting functions of the Fund are as follows : Accountant: receive all revenues of the plans, make payment for all expenditures of the plans (other than for claims) , post claim payments made for each member entity as reported by the Claims Adjusters. Submit monthly reports of revenues and expenditures to the Consultant. Work with Consultant in providing final Annual Report to the Board of Directors. Consultant: distribute expenses and interest income of the plans to each entity' s account in order to monitor each entity' s balance. Submit quarterly reports of these balances by member city to the Board of Directors. Treasurer: in accordance with Government Code Section 6505. 5 act as Controller for all Fund accounting procedures, invest idle funds, and act as liaison with 'the independent audit firm hired by the Fund to perform the annual audit. Each member city may examine records of the Fund in which such city participates. 1 . 21 Audit Reports The Board shall have prepared an annual report which shall be a certified audit of all receipts and dis- bursements from the previous year together, with an in- ventory of all material owned by the Fund within ninety -19- (90) days of th0close of the fiscal year Ahe annual report shall include cumulative contributions, by Plan, by each member city and cumulative claims paid and pending against each member city. A copy of the report shall be delivered to each member city. 1 .22 Payment of Demands Demands against the Fund shall be approved by a majority vote of the Board as conditioned by the require- ments of Paragraph 1.05 above. The Treasurer shall make disbursements only upon receipt of written direction signed by the Chairperson of the Board indicating that the Board has approved such payment. The Board may grant authority to Claims Administrators and Plan Administrators to make payments from Plan Accounts in amounts so speci- fied by the Board and documented in writing with such administrators. 1 . 23 Compliance with Safety/Loss Control Provisions Each of the member cities agrees to cooperate fully with parties or persons employed by the Fund to provide Safety/Loss Control Service and each of the entities agrees to permit such parties or persons access to inspect working conditions and/or entity property and agrees to supply requested information relevant to Safety/Loss Con- trol practices . Each participating entity agrees to promptly comply with Safety/Loss Control recommendations pertaining to plans in which they participate and will -20- endeavor to maintain minimum loss experience. Each participating city will be made aware of the other participating cities safety recommendations. In the event a participating entity fails to comply with safety/ loss control recommendations after having been afforded reasonable opportunity to do so, a two-thirds majority of the member cities may vote to exclude such member from the Fund and/or Plan effective as of the close of the fiscal year. Each member city agrees to jointly share the cost of safety loss control services which shall be allocated to each member based on a percent of the premium each entity contributes to the Workers ' Compensation and Liability Plans. 1. 24 Filing with Secretary of State The Secretary of the Board shall file a copy of this Agreement and any subsequent agreements with the office of the California Secretary of State within thirty (30) days of its execution as required by Govern- ment Code Section 6503. 5. 1 . 25 Amendment The general provisions of this Agreement may be amended from time to time with the mutual written consent -21- of all the parties hereto. A two-thirds (2/3) majority vote of the entire Board shall be required for amendment to the general provisions together with a ratification by at least two-thirds (2/3) of the affected cities. That portion of the Agreement relating to a particular plan - may be amended with the mutual written consent of two- thirds (2/3) of the parties to such particular plan. Each city shall file with the fund a certified copy of the Resolution of the city approving or disapproving an amendment to this Agreement. The existing equities and liabilities of each entity in effect as of the date of this modified Agreement shall remain in effect as to each member entity and each plan. 1 .26 Term of Agreement This Agreement shall supercede all previous Agree- ments and shall be effective upon the execution hereof by the parties as attested by the signatures and dates of execution hereof and shall continue in effect until term- inated as provided herein. Each city hereto shall file with the Fund a certified copy of the record of the city approving this Agreement. 1 . 27 Termination and Withdraw This Agreement may be terminated upon the consent of all the parties to it. A city may withdraw as a party -22- to the Agreemeffiat the end of any fiscal far after giving the Fund three months prior written notice of its intent to withdraw. A city may withdraw from one or any Plan( s) in which it participates. In the event a city withdraws from the Fund or any Plan in which it participates said entity shall be entitled to its con- tributions to the specific Plan(s) less the following reserves which are to be retained by the Fund: a. City' s obligation for any loss occurring prior to the effective date of an entity' s withdrawal ; b. A reasonable reserve, established by the Board of Directors, for anticipated losses, in- cluding incurred but not reported claims, where the date of loss or expected date of loss occurred prior to the effective date of an entity' s withdrawal; _ C. City' s obligation for expenses incurred by the Plan up to the effective date of a cities withdrawal, including, but not limited to, admini- stration costs, Plan expenses and excess policy losses; and d. A reasonable reserve, established by the Board of Directors, to cover anticipated admini- stration costs, Plan expenses and excess policy -23- losses for any claims, including incurred but not reported claims, occurring prior to the effective date of a entity' s withdrawal. No return due any past participant, at the time of withdrawal, shall be paid should the Plan Account not possess cash reserves which, in the opinion of the Board of Directors, exceed the amounts necessary to meet the current and future costs of the collective claims filed or expected to be filed against the Plan where the date of loss or expected date of loss occurred prior to the effective date of any entity's withdrawal. The effective date of a cities withdrawal shall be the last day of the fiscal year after the date of notice of withdrawal, provided that notice of withdrawal was received by the Fund at least ~ three months prior to the last day of the fiscal year. Subject to the reserves stated above, a city' s recovery of its contributions for the previous five years prior to its withdrawal from any Plan shall be one-fifth (1/5) of the total eligible portion of such returns to be paid at the end of the first fiscal year after withdrawal and the -24- • • an individual entity and terminate its participation in the Fund effective as of the close of the fiscal year. The Board will provide at least 90 days notice to a member entity of its intention to terminate that entity' s participation and will provide an adequate opportunity to respond. 1 .29 Disposition of Assets Upon Termination Upon complete termination of this agreement by all entities and the settlement of all liabilities and claims, including incurred but not reported claims, all property of the Fund shall be divided among the entities in a ratio equal to their equity in each Plan in which they participate. The term "equity" refers to each city' s con- tributed unused remaining cash reserve for losses. The right to recover a contribution relates to that remaining amount placed in the Plan account for the Plan in which the city participates which has been set aside as a reserve for losses as reduced by losses that have occurred and does not relate to administrative expenses, excess policy costs and other expenses actually incurred by the Plan account. Reserves for anticipated losses shall be refunded to a withdrawing city if the actual losses are less than the reserves that have been established when such actual losses are -26- determined. In the event that the actual losses exceed the estimated necessary reserves, the withdrawing member entity agrees to pay that portion of the excess loss allocable to the entity that exceeds the reserve as set aside for anticipated losses . 1 .30 Notices Notices to cities under this agreement shall be sufficient if delivered to the office of the City Clerk. Notices to the Fund shall be sufficient if delivered to the office the Chairperson of the Board of Directors . 1 .31 New Member Admission to JPA Any city within the Counties of San Luis Obispo, Santa Barbara, or Ventura may apply for admission to the JPA for participation in any or all Plans. The Board, after evaluating the past loss experience, the financial status, other risk management considerations and compat- ibility with the objectives of the Fund will vote on the application for admission. A two thirds majority vote of the entire Board will be required for admission to any Plan subject to ratifi- cation by two thirds majority vote of the cities partici- pating in the Fund. -27- The Board may by two thirds majority vote, re- quire a one-time membership fee for each new Plan member. A new member shall agree to remain in the Plan for not less than two (2) years . 1 .32 Consolidated Joint Powers Agreement The purpose of this Joint Powers Agreement is to consolidate and update the preceding Joint Powers Agree- ments, to supersede such Agreements, and to define all future equity and liability under such Agreements pursuant to the terms and conditions of this consolidated Joint Powers Agreement from and after the effective date of each of the plans, that is, from and after the effective date of the Workers ' Compensation Plan, the Public Liability Plan, and the Employee Benefits Plan. The effective date of each of the Plans represented by this consolidated Joint Powers Agreement shall be the last date upon which all of the participating cities have signed and approved the Plan. This Joint Powers Agreement does not supersede, affect, alter or relate to the existing Deferred Compensation Plan which shall remain in effect as a separate plan excluded from the terms of this Agreement. ARTICLE 2 . WORKERS ' COMPENSATION 2 .01 Contribution Charges to Plan Participants Contributions for participation in the Workers' Compensation Plan shall be determined by considering Workers' Compensation insurance practices and standards -28- which include a rate for payroll, by categories of employ- ment, rate adjustments based on number of claims, claim amounts, and other criteria used to establish Workers' Compensation rates. Cumulative records will be main- tained of each city' s contribution to the Plan and losses experienced. Consultant shall make rate recommendations which will determine estimated deposits at the February Board Meeting and the Board shall make final determination. The Fund shall apply any subrogation recovery to the city, in the proportion that the deductible bears to the loss incurred after first deducting the cost of the subrogation. Each subrogation action shall be brought on behalf of both the city and the Fund. The term "loss" includes claims paid, legal costs and all other costs _ related to the handling and satisfaction of the claim. The Claims Administrator shall prepare a written quarterly report detailing subrogation activity. 2.02 Plan Coverages Participants in the Plan shall be protected from catastrophic covered losses by excess insurance of at least $5, 000, 000 and from losses in excess of $100, 000 per occurrence. In the event a retention for losses of -29- • ! $100, 000 per occurrence is not available, the Board is to secure a retention as close to $100,000 as is avail- able and is to advise participating members of re- tention obtained. ARTICLE 3 . LIABILITY 3 .01 Limited Participation The City of Lompoc participates in the Liability Plan to the extent of excess liability insurance purchase only. 3 .02 City Function and Responsibilities Each city shall perform the following functions in addition to those in Article 1, Item 1 .11 in discharging its responsibilities under this Plan: a. require that the city be named as an additional primary insured without offset - against the city' s existing insurance cover- age and require a contractual liability endorsement with respect to all operations on city property, including but not limited to: (1) construction contracts for work to be performed for member city; -- ( 2) public utility undergrounding activity; ( 3) street and other encroachments on public property; (4) future leases and assignment of city property. -30- b. require 30 days written notice of cancell- ation or material change of any insurance policy provided for the benefit of a city. 3.03 Contribution Charges to Plan Participants In connection with its determination of contri- bution charges the Board will use recognized insurance practices and shall consider, among other factors, the loss history of each individual city, the categories and amounts of exposure of each individual entity, transfer of risk, and enforcement of risk management programs. Consultant shall make premium recommendations and the Board shall make final determination. For the policy provided, the Fund is responsible for the risks covered by the policy over and above the deductible. Each entity is responsible for the deductible applicable to it under the policy. Each city may designate the deductible for each policy, but in no case may the deductible be less than $1,000 for each occurrence insured against. The deductible may vary from one city to another and the Fund shall take the amount of the deductible into consideration in calculating the amount charged to each member entity for risk covered. The Fund shall share any subrogation- recovery with the city in the pro- portion that the deductible bears to the loss incurred after first deducting the cost of the subrogation. Each -31- subrogation action shall be brought on behalf of both the city and the Fund. The term ".loss" includes claims paid, legal costs and all other costs related to the handling and satisfaction of the claim. 3 .04 Plan Coverage Pursuant to the payment of contribution by each city to the Fund, the Fund shall issue to each city a memorandum of coverage, indicating the risk coverage provided to the city by the Fund. Each policy begins as to each city on the date the agreement is executed by all parties and shall expire at the end of the fiscal year. Each of the contracting cities recognize that the coverage to be provided under such memorandum of coverage will include a deductible per occurrence and certain exclusions . Without limiting said exclusions and by way of example the following will be excluded: a. Fire and all other casualty damage to real and personal property owned by the individual city. b. Airport Operations including premises lia- bility. C. Public Transit Operations on the part of individual cities. d. Inverse Condemnation -32- e. Medical Malpractice except for emergency medical technicians or paramedics as defined in the approved policy. The policy includes coverage for: Comprehensive Liability, both general and automobile, personal injury liability, errors and omissions liability, broad form property damage, and blanket contractual. The named in- sured shall include all council members, officers, employ- ees and those for whom the city has contractual obligation to provide insurance. The terms of the policy supercede this Agreement with respect to terms of coverage. The Board by majority vote may change the terms or coverage of said policy provided said changes apply uni- formerly to all cities . The Board may from time to time, negotiate with each member changes covering additional or lesser risks, as may appear appropriate. However, except as to changes which apply uniformly, the Board may not change the coverage without the consent of each city affected if the change would directly result in a greater contribution to be made by a member entity or would decrease the amount or type of coverage. The restriction on change does not apply where the contribution is increased due to -33- 9 0 a cause other than change in the risk coverage . If the Board desires to make a change which would increase the contribution of a city the Board shall make the change available to each city at a calculated premium cost. 3 .05 Excess Coverage The Fund shall be protected from catastrophic losses by excess purchased insurance of at least $5, 000, 000 in excess of $100, 000 per occurrence self- insured retention. In the event a retention for losses of $100, 000 per occurrence is not available, the Board is to secure a retention as close to $100, 000 as is available and is to advise participating entities of retention obtained. The Board shall have no power or authority to incur any obligation on the part of or chargeable to participating cities in excess of the requirements for contribution to the Fund. A partici- pating city shall not be obligated in any manner to contribute money to the Plan in excess of the respective contribution as set forth herein, except that the member entity may be assessed by the Board in its discretion for excess losses as herein provided. ARTICLE 4. EMPLOYEE BENEFITS 4.01 City Function and Responsibilities The city shall perform the following functions in addition to those in Article 1, Item 1 . 11 in dis- charging its responsibilities under this Plan: -34- a jcooperate fully with the d in re- ducing health care costs. b. determine the level of benefits em- ployee contribution rates, and eligibility re- quirements for its own employees . C. review the Plan Document provided by the Fund for compliance with the Plan of Benefits established for its employees. 4.02 Contribution Charges to Plan Participants The Board shall determine the retention applicable to each city under its Plan Document. Each city is re- sponsible for its own retention. The Board shall direct its Consultant to determine annually the funding level necessary for each city. Such funding level will include the amounts needed: a. to cover the expected losses included in the city' s retention. b. to establish a reasonable reserve. C. to provide claims administration services. d. to pay the city' s proportionate share of excess insurance coverage . -35- The Board shall notify each city of its funding 4Dlevel, expressed as a monthly contribution amount for each covered employee and dependent unit. The p h cities agree to provide the annual funding level required, but may adjust the per unit monthly contribution amount, as necessary. The monthly contribution amount will be due on the first of every month. 4.03 Deficits The Board shall determine semi-annually the posi- tion of each city with respect to the adequacy of its monthly deposit for its own retention. If any City is in a deficit position, the Board will notify that entity and arrange for deposits to rectify the deficit within a reasonable period of time. 4.04 Plan Coverages Pursuant to the payment of monthly deposits by each city to the Plan Account, a Plan Document indicating the plan of benefits provided to the city will be issued. The terms of each Plan Document will determine the liability of the Plan Account. In addition, a Summary Plan Description will be issued for each_participating employee. The Summary Plan Description will summarize the terms and provision of the Plan Document. -36- In the event of dispute as to insurance coverage, the terms and provisions of the Plan Document will prevail . 4.05 Excess Coverage The Fund shall be protected from paid catastrophic losses per individual claim through the purchase of excess insurance. A "catastrophic" loss per individual claim shall be the amount specified by the Board for each in- dividual city. The Board shall determine whether excess insurance for the Plan in the aggregate is necessary and desirable. The Board shall have no power or authority to incur any obligation on the part of, or chargeable to, participating agencies in excess of the requirements for contribution to the Plan Account as specified herein. A participating city shall not be obligated in any manner to contribute money to the Plan Account in excess of the respective contribution as set forth herein, except that the member entities may be assessed by the Board in its discretion for excess losses as herein provided. -37- WORKERS ' COMPENSATION In signing this Agreement, the undersigned agree to and accept the general provisions of this Agreement set forth on Pages 1 through 26 being Recitals and Paragraphs 1. 01 through 1 . 32 and agree to and accept the specific provisions relating to Workers ' Compensation, being all of Article Two, Items 2.01 through 2.02. This Agreement may be signed in separate parts which, when combined, shall constitute the original document. DATED: CITY OF ARROYO GRANDE CITY OF ATASCADERO BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk CITY OF GROVER CITY CITY OF MORRO BAY BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk CITY OF PASO ROBLES CITY OF PISMO BEACH BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk CITY OF SAN LUIS OBISPO CITY OF SANTA PAULA BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk -38- PUBLIC LIABILITY In signing this Agreement, the undersigned agree to and accept the general provisions of this Agreement set forth on Pages I through 26 being Recitals and Paragraphs 1 .01 through 1 .32 and agree to and accept the specific provisions relating to Public Liability, being all of Article Three, Items 3 .01 through 3.05. This Agreement may be signed in separate parts which, when combined, shall constitute the original document. DATED: CITY OF ARROYO GRANDE CITY OF ATASCADERO BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk CITY OF GROVER CITY CITY OF GUADALUPE BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk CITY OF LOMPOC CITY OF MORRO BAY BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk -39- PUBLIC LIABILITY (CONTINUED) CITY OF PASO ROBLES CITY OF PISMO BEACH BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk CITY OF SAN LUIS OBISPO CITY OF SANTA PAULA BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk EMPLOYEE BENEFITS In signing this Agreement, the undersigned agree to and accept the general provisions of this Agreement set forth on Pages I through 26 being Recitals and Paragraphs 1 .01 through 1 . 32 and agree to and accept the specific provisions relating to Employee Benefits, being all of Article Four, Items 4.01 through 4.05. This Agreement may be signed in separate parts which, when combined, shall constitute the original document. DATED: CITY OF ARROYO GRANDE CITY OF ATASCADERO BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk CITY OF GROVER CITY CITY OF GUADALUPE BY: BY: Mayor Mayor 'BY: BY: City Clerk City Clerk CITY OF LOMPOC CITY OF MORRO BAY BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk -40- EMPLOYEE BENEFITS (CONTINUED) CITY OF PASO ROBLES CITY OF PISMO BEACH BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk CITY OF SAN LUIS OBISPO CITY OF SANTA MARIA .BY: BY: Mayor Mayor BY: BY: City Clerk City Clerk CITY OF SANTA PAULA BY: Mayor BY: City Clerk • RESOLUTION NO. 30-84 RESOLUTION OF THE ATASCADERO CITY COUNCIL ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR ALL GENERAL MUNICIPAL ELECTIONS TO BE HELD BY SAID CITY WHEREAS, Section 10012 of the Elections Code of the State of California authorizes the governing body of any local agency to adopt regulations pertaining to materials prepared by any candidate for a municipal election, including the costs thereof; and WHEREAS, it is the opinion of the Attorney General of the State of California (No. CV 76/5, May 6, 1976) that a candidate may not be billed for the additional cost of preparing candiates ' statements in Spanish if such were not requested by the candidate but were required soley by reason of recent amendments to the Federal Voting Rights Act of 1965 (Public Law 94-73, August 6, 1975) . NOW THEREFORE, BE IT RESOLVED by the Atascadero City Council as follows: Section 1. That, pursuant to Section 10012 of the Elections Code of the State of California, each candidate for elective office to be voted for at all General Municipal Elections held in the City of Atascadero, may prepare a candidate' s statement on an, appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than tow hundred (200) words of the candidate 's education and qualifi- cations expressed by the candidate himself and shall be typewritten, double spaced and free of errors, properly punctuated, 'and the use of upper and lower case lettering. Such statement shall not include party affiliation of the candidate, nor membership of activity in partisan political organizations or other extraneous matters. Such statement shall be filed in the Office of the City Clerk at the time the candidate ' s nomination papers are filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 : 00 p.m. on the next working day after the close of the nomination period. Section 2 . That in compliance_ with the recent amendments to the Federal Voting Rights Act of 1965 (Public Law 97-73 , August 5 , 1975) the County Clerk shall provide a Spanish translation of the candidate ' s statement to those registered voters as targeted. Section 3. The County Clerk, in accordance with the City' s request for consolidation and services, shall send to each voter with the sample ballot, a voter ' s pamphlet which contains the statement of each candidate. Resolution No. 30--84 Section 4. That the City Clerk shall estimate the coasts of printing and handling the candidate's statements and require each candidate filing a statement to pay, in advance, his or her pro rata share as a 'condition of having his or her statement included in the voter' s pamphlet. Section 5. That the City Clerk shall provide each candidate., or the candidate's representative, a copy of this resolution at the time nominating_ petitions are issued. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its. entirety on the following roll call vote: AYES: NOES: ABSENT:. , ADOPTED: ROLFE NELSON, Mayor ATTEST: GEORGIA RARTRU, Acting City Clerk APPROVED AS TO FORM. APPROVER AS TO CONTENT: ALLEN GRIMES,- City Attorney MNRRFAY L. WARDEN, ZI ty Mana_ger` IT AonqnA i RESOLUTION NO. 31-84 • RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF ATASCADERO TO BE HELD ON NOVEMBER 6 , 1984 WITH THE STATE WIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 6 , 1984 PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE WHEREAS, the Atascadero City Council will hold a general municipal election in the City of Atascadero on November 6 , 1984 , for the purpose of the election of City Treasurer and City Clerk; and WHEREAS, it is desirable that said special municipal election be consolidated with the State Wide General Election to be held on the same date and that within the City of Atascadero the precints, polling places and election officers of the two elections be the same, and that said State Wide General election and general municipal election be held in all respects as if there were only one election. NOW, THEREFORE, THE ATASCADERO CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That pursuant to the requirements of Section 23303 of the Elections Code, the San Luis Obispo County Board of Supervisors be Sgeneral nd is hereby requested to consent and agree to the consolidation of a municipal election with the State Wide General Election on Tuesday, November 6, 1984 for the purpose of the election of City Clerk and City Treasurer. Section 2. The County Clerk is hereby authorized to canvass the returns of said general municipal election which it is hereby requested to consolidate with said State Wide General Election and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 3. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for the holding of said consolidated election. Section 4 . The City of Atascadero recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. Section 5. That the City Clerk of the City of Atascadero is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Clerk. 0 against any person employed pursuant to this contract in any manner forbidden by law. 14. Conflicts of Interest. No office, employee, director, or agent of the City shall participate in any decision relating to this contract which affects his personal interest or interest of any corporation, partnership, or association in which he is directly or indirectly interested, nor shall any such person have any interest, direct or indirect, in this contract or the provisions thereof. IN WITNESS WHEREOF, City and Employee have executed this contract on the day and year first above set forth. YN A.LOFTUS MU RAY WARDEN, CITY MANAGER APPROVED AS TO F R ALLEN GRIMES, CITY ATTORNEY 4 rights and obligations of the parties arising out of any termination occurring prior to the effective date of such termination. 7 . Termination of Contract by City. City shall have the right to terminate this contract by giving to the other party two (2) weeks written notice of termination, specifying the effective date of such termination. B. Modification. This contract cons itutes the entire understanding of the parties hereto and/ichanges, amendments, or alterations shall be effective unless in writing and signed by both parties. 9 . Non-Assignment of Contract. This contract is intended to secure the individual services of the Employee. Any attempt by Employee to assign, transfer, delegate, or sublet this contract or any interest therein without the City' s prior written consent shall cause this contract to be null and void. 10. Covenant. The validity, enforceability and inter- pretation of any of the clauses of this contract shall be determined and governed by the laws of the State of California. 11. Enforceability. The invalidity and unenforceability of any terms or provisions hereof shall in no way affect the validity or enforceability of any other terms or provisions. 12. Actions. In the event of any action or suit upon this contract, both parties shall be entitled to receive reasonable attorney' s fees and costs. It is agreed that any breach of this contract by the Employee shall entitle the City to apply to any Court of competent jurisdiction to enjoin any violation, threatened or actual, of this contract. 13. Nondiscrimination. There shall be no discrimination 3 enforcement of zoning and other pertinent City ordinances and those other tasks and duties normally performed by a Planning Director/ Department Head. Employee shall perform said services and such other tasks as may be assigned by the City Manager under the supervision and control of the City Manager or his representative. 3. Employment Status. Employee understands and agrees that no right of tenure is created hereby. Employment shall otherwise be governed by those applicable Personnel Rules and Regulations of the City. 4 . Compensation. City shall pay to Employee as compen- sation in full for all services performed by Employee pursuant to this contract, the salary of Three Thousand Three Hundred Dollars and no/cents ($3 ,300 .00) or portion thereof. Health insurance benefits will be provided in accordance with the City' s current health insurance plan. The City' s premium cost of $61.09 per month for Employee' s individual coverage, and Employee' s premium cost of $55.88 per month for dependentswill both be deducted from Employee' s monthly salary of $3 ,300 . 00. Additionally, the City will pay $49.76 toward Employee' s dependent coverage. 5. Term of Contract. This Contract shall commence on April 9 , 1984 (which shall be the date on which Employee commences work under this Contract) , and shall terminate on July 9, 1984 , un- less terminated earlier as provided herein or unless extended by mutual agreement of the parties. 6. Termination of Contract by Employee. Employee may terminate this contract at any time by giving to the other party two (2) weeks notice of such termination, specifying the effective date of such termination. Termination shall have no effect upon the 2 T T\ CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 9th day of April, 1984 , by and between the CITY OF ATASCADERO, State of California hereinafter referred to as "City" , and WAYNE A. LOFTUS, a contract employee, here- inafter referred to as "Employee" ; W I T N E S S E T H: WHEREAS, the City of Atascadero desires to hire a person to fill the job classification of Planning Director for a limited period of three (3) months; and WHEREAS, Employee has been interviewed and deemed qualified to perform services for such a limited period for City. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee, and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: to perform as the City Planning Director by accomplishing a variety of technical and professional planning tasks related to the continual development of the general plan and other advanced planning activities; review and prepare reports and recommendations for current planning activities; provide staff support to the Planning Commission by agenda preparation and attendance at all required meetings; supervise and enforce building inspections, permits, and plan check activities; and MEEVV AG=D,� , DATE _ ` F�, ITEM J14 • M E M O R A N D U M TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: ANIMAL CONTROL CONTRACT DATE: JULY 5, 1984 Attached is a copy of the animal control agreement between the City and the County which in essence is similar to the original annual renewed agreement. If you recall, the County had submitted to us an entirely new document just a few weeks before expiration of the current agreement. Some of us in the cities objected to the terms of the contract, particularly when presented without sufficient time for full City Council consid- eration of the proposed changes. As a consequence of my conversation with Mr . Briam, County Admin- istrative Officer , he decided to hold off on revising the animal control agreement until sometime during the forthcoming fiscal year in order to give everyone ample opportunity to discuss the provisions. Consequently, he has presented us with a resubmittal of the old agreement in order to have animal control services . during the forthcoming year while any revisions are being worked out. Please note that there is also an item in the budget for support of the spay-neuter program of the County. AFAR (Action for Animal Rights) is also asking for support for their program. There are arguments given pro and con as to who has the better program, but both accomplish a desired end, which is to spay as many animals as possible. There is one component of the County program which in my opinion is better than the AFAR program, that is the requirement that persons receiving spay-neuter certi- ficates must assure that the animals are licensed. To my knowledge, AFAR has not wanted to enter this arena but licensing is a necessary component of identification and recovery and control of loose dogs. It is Council' s choice of course as to whether they wish to pursue both or only one programbutif the choice comes to only one I would recommend participation in an enhanced County program since this would provide an integrated program. If there are, and I believe this to be so, deficiencies in the County program, we should be trying to cork them out. It should be remembered that the present program is a joint City/ County effort subject to mutual cooperation and hopefully designed to solve a mutual problem as effectively as possibly. The history of the animal control problem th`rought the county moves from location to location but one thing appears certain. The costs of individually addressing the problems are astron- omical - several different scenarios have been explored. Never- theless there are undoubtedly different approaches Which could be taken given an increased committment of money. In the meantime, the attached agreement should be adopted. MURRA WARDEN x CITY MANAGER 2 • {YIS:Gi a Si�.7=IyiJA DATE - ITEM �/ _�L_• M E M O R A N D U M TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: INTERIM PLANNING DIRECTORCONTRACT DATE: JULY 5, 1984 Attached is the existing contract between the City and Wayne Loftus which expires July 9 , 1984. Since a replacement Planning Director has not yet been selected, it is requested that you authorize the City Manager to extend this contract on a month to month basis until a new Planning Director is selected and we know when he will assume duties. Mr. Loftus is agreeable to this • arrangement. MURRAY L WARDEN CITY MANAGER and to the City at: City of Atascadero P.O. Box 747 Atascadero, California 93423 --IN WITNESS THEREOF, City of Atascadero by resolution duly adopted by its City Council causes this Agreement to be signed by its mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed thereto attested by clerk of said Board on the day and.year first above-written. CITY OF Atascadero COUNTY OF SAN LUIS OBISPO By: By: Mayor Chairman, Board of Supervisors ATTEST: k"j ATTEST: Francis M. Cooney, Clerk .' Board of Supervisors City Clerk BY: Deputy Clerk APPROVED AS TO FORM AND LEGAL EFFECT But not reooamemle3 4IMES B. LINDHOLM, JR. County Counsel -2G SctNE Deput County C unset -6- 13. Revenue from Fees and Impounds - Revenue from impound charges collected on animals taken from within City's corporate limits will be credited against City's allocated costs. 14. Revenue from Licensing - Revenue collected in licensing animals owned or adopted by residents of City shall be credited to City's allocated costs. 15. Revenue from Court Fines Animal control violation fine monies which are imposed and collected as a result of citations issued or arrests made within the City will be credited against City's allocated costs. 16. Deficits - City shall pay County any deficits between total revenue credited to City .andCity's allocated costs. City agrees the sum of $27,407.00 represents a reimbursement which shall, within the conditions of this Agreement, be•a maximum under which County shall be excused from any further performance. When in the calculation of charges incurred, the Animal Regulation Department costs equal said amount, this clause shall act as a condition subsequent excusing the County from any further service under the terms of the contract. Said payments shall be made on or before the 31st day of August of each year of this Agreement's existence. 17. . Enforceability - The inddlidity and unenforceability of any terms or provisions hereof shall in no way affect the validity or enforceability of any other tells or provisions. 18. Modification This AgreeWent constitutes the entire understanding of the parties hereto and no changes, amendments or alterations shall be effective unless in writing and signed by both parties. 19. Assignment of' Personnel - The number of Anihial Control Officers assigned to any activity shall be within the discretion of the Department of Animal Regulation of the County of San Luis Obispo. 90. Optional Reduction in Services - Notwithstanding any provision herein to the contrary,. City shall have the option to select a reduced level of services for the remainder of the contract period. The Department will provide a quarterly report of financial status of City's program in a format acceptable to the Director. Said reports are ordinarily provided at the end of the.ninth, twelfth and third months of each calendar year. City may notify Director of its election to reduce services within dny two weeks after receipt of said report. Upon receipt of notice of said election Director will provide a.reduced level of service, including emergency services. It is the intent of the parties to provide a continuation of mandated, emergency services to the community under this paragraphasan alternative to service termination as provided-in paragraph 16 above. 21. Books and Records County agrees to keep such books and records and in such form and manner as County Auditor-Controller shall specify. Said books shall be open for examination by City at all reasonable times. 22. Notices - Any notice required to be 'given pursuant to the terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to the County at: Department of Animal Regulation Route 2, Box 425H San Luis Obispo, CA 93401 i g. Animal Population Control - The cities and county are encouraged to sponsor a spay and neuter clinic. 1 3. Animal Regulation and Control Advisory Committee - There shall be an Animal Regulation and Control Advisory Committee whose responsibility it will be to review and recommend on all matters of Departmental Policy regarding overall program administration, level and quality of services, budget, and ordinance development and amendments. This Advisory Committee shall be made up of: one representative from each city contracting with the County, one representative from the County Veterinarians' Association, one representative from an Animal Welfare Society, one representative from the County Health Department, one representative from the Department of Animal Regulation, and one representative from the County Sheriff's Department. The Committee shall receive staff support from the Department,of Animal Regulation. 4. Supervision - The rendition of services specified in paragraph 2 of this Agreement, and matters incidental to the performances of said services, and the control of personnel so employed, shall remain in the County. 5. Cooperation - To facilitate the performance of the foregoing functions, it is hereby agreed that the County shall have the full cooperation and assistance from the City, its officers, agents, and employees. 6. Special Supplies - It is agreed that in all instances wherein special supplies, tools, vehicles, equipment, stationery, notices, forms, and the like must be used in the performance of this contract on behalf of City, P the same shall be supplied by City at its own cost and expense. i 7. Employee Compensation and Liability: City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder, or any liability other than that provided in this Agreement. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. 8. Idemnification - County shall defend, indemnify and save harmless the City, its officers, agents and employees, from any and all claims, demands, damages, costs, expenses, or liability arising out of this Agreement or occasioned by the performance or attempted performance of the provisions hereof, except those arising from the sole negligence or wilful misconduct of the City, including, but not limited to, any act or omission to act on the part of City or its agents, employees or other independent contractors directly responsible to it. 9. Employee Status - All persons employed in the performance of the services and functions specified in paragraph 2 of this Agreement shall be County employees: no present City employee shall become a County employee by reason of this Agreement; and no person employed hereunder shall have any City pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilties herein, every County officer and employee engaged in the performance of any service hereunder shall, where necessary, be deemed an officer or employee of City while performing the services for City. 10. Prosecution - It shall be the duty of the City Attorney, exercising the discretion vested in his office, to prosecute violations of the City -3- Animal Ordinance, and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City's corporate limits. 11. Term and Renewal - This Agreement shall be effective on the 1st day of July, 1984, and shall terminate on the 30th day of June, 1985, or the 30th day of June any year thereafter, provided that no later than March 15th next preceding said expiration date, either party shall notify the other in writing that it does not wish to renew same. Otherwise, this Agreement will continue from year to year. 12. Allocation of Operating Costs - Charges to City for the services provided by County shall be computed on the following basis: a. Charges for general administration and ordinance review shall be $3.50 for each animal transaction for City (as defined in subparagraph 1(b) of this Agreement, A $3.50 charge shall also be applied for each animal delivered to the control facility by a resident of City. The charges allocated to City pursuant to this subparagraph 12(a) shall be added to the charges made pursuant to subparagraphs 12(b) and (c) below when those charges are applicable. b. Charges for the animal control enforcement service component shall' be $9.25 for each animal transaction (as defined in paragraph 1(b) of this Agreement) in which the service of an Animal Control Officer is involved, but excluding those services where charges are made pursuant to subparagraph 12(f) below. The charges allocated pursuant to this subparagraph 12(b) shall be added to the charges described in paragraph 12(a) above, and where applicable they may also be added to the charges described in paragraph 12(c) below. C. Charges for the animal shelter services component shall be $4.00 for each animal sheltered for City (as defined in paragraph I(c) of this Agreement). The charges allocated pursuant to this subparagraph 12(c) shall be added to the charges described in subparagraph 12(a) above and where applicable they may also be added to the charges described in subparagraphs 12(b) and M. d. Overall program costs (as defined in., paragraph 1(e) of this Agreement) for the public education component services shall be multiplied by the City's population percent, and that sum shall be charged to City. In no event shall City's allocated costs for the public education component exceed 14d per capita. e. Charges for the licensing component services shall be $2.25 for each animal licensed for City. Should County choose to conduct a countywide animal vaccination clinic, the costs for conducting such a clinic shall be multiplied by the ratio created by dividing the number of animal vaccinated for City animal owners by the total number of animals vaccinated during the clinic. f. In payment for those emergency services (as defined in paragraph 1(f) of this Agreement) provided to City when only standby animal control officers are on duty, City shall be charged $30.00 per man-hour. This charge shall be on a portal-to-portal basis, and when applicable, may be added to the.charges imposed pursuant to subparagraphs 12(a) and (c) above. -4- x;' AGREEMENT FOR ANIMAL CONTROL SERVICES This Agreement is made and entered into this 1st day of July, 1984, by and between the County of San Luis Obispo, hereinafter referred to as "County", and the City of Atascadero hereinafter referred to as "City". WITNESSETH: s _ THAT WHEREAS, the City is desirous of contracting with the County for the performance of the hereinafter described animal control services within its n- boundaries by the County of San Luis Obispo through the Department of Animal Regulation; and WHEREAS, the County is agreeable to,providing such services in accordance with the provisions of the San;Luis Obispo County Code Title 9 which provides z for the licensing of dogs, the establishment of a public pound, and for the Lel collection and care of stray, diseased and vicious animals; and WHEREAS, the County of San Luis Obispo has established the Department of Animal Regulation to enforce the ordinances of the County Code Title 9 within the unincorporated areas of the County; and WHEREAS, the interests of all citizens would be served by implementation of Animal Control Services in the incorporated communities of the County; and WHEREAS, the City is desirous of contracting for said Animal Control �;y r Services. NOW, THEREFORE, IT IS AGREED AS-FOLLOWS: ' r 1. Definitions: a 7 7 a. "Animal" as used in this . Agreement means any species of vertebrate creature. b. "Animal transaction for City" as used in this Agreement means any of the following actions taken by County on City's behalf, singularly or in aggregate, as they relate to a single animal or animal owner within a 24-hour period: (1) Search; (2) Seizure; (3) Capture or attempted capture; 77 (4) Bite investigations; (5) Issue of written warning or citation; (6) Pick-up and disposal of dead animal; (7) Nuisance investigation; r w (8) Care of injured animal. >; C. "Animals sheltered for City" as used in this Agreement shall §� rz # mean any animal delivered to the animal shelter from within City's corporate rv�e t rte, limits. d. "Man-hour" as used in this Agreement shall refer to the services of any single County officer, agent, or employee for one hour. .rx , Man-hours shall be recorded to the nearest one-half (1/2) hour. e. "Overall Program Costs" as used in this Agreement shall mean total operating costs incurred providing services of any single component, as hereinafter described, to any unincorporated areas of County together with the total operating costs incurred in providing services of any single component to any incorporated community within County contracting for said component. y Such costs shall include the cost of any leased premises, equipment, and those subcontracted services as hereinafter described. f. "Emergency Services" as used in this Agreement shall mean those services provided by one or more animal control officers during hours other than regular business hours in response to a call concerning animal bites, stray vicious animals or situations in which animals are constituting a threat to public safety. Emergency services do not include responses to animal nuisances such as barking or stray dogs. 2. Services Components - The County agrees to provide all necessary labor, facilities, and equipment to supply the following animal control service components: . a. General Administration - County agrees to provide management and supervision of the animal control program, to keep records and provide statements as hereinafter specified, to operate an animal release annex, to maintain a headquarters with communication center and dispatcher service. These services shall hereinafter be referred to as the "general administration w�,2�+"'.K'�.��wF'"�sp^yt,���'x�•nw gyp,,r} s: component". �t � p� ` � b. Ordinance Conformity - City agrees to adopt animal control ordinances which conform to or are not in conflict with Chapter 9 of the San _ Luis Obispo County Code. Changes and modifications to , City codes may be conducted with the County Department of Animal Regulation's consultation �P before adoption. County Department of Animal Regulation may also make recommendations to cities for changes or modifications to their City s. ordinance. This service .shall hereinafter be referred to as the "Ordinance Review Component". C. Animal Control Enforcement" - County shall enforce all City Animal Control ordinances and state laws within City's corporate limits, investigate complaints, including complaints involving animal bites, and issue citations. These services shall hereinafter be referred to as the "animal control enforcement component", but services under this component shall not 4 include enforcement of City animal licensing ordinances, which is covered ' under the "licensing component", nor shall it include enforcement of zoning ordinances dealing with animals. ,. d. Animal Shelter - The-6iy-maintains a pound and provides for the care, housing, and disposal of animals seized within City's corporate ±� limits or delivered by City's residents. It is understood and agreed that the �� �3•'' County may subcontract the obligations of this paragraph to an independent �.,.: s, contractor or at its option undertake to perform these duties itself. If the v ` ' County chooses to undertake these services itself, it agrees to maintain its �A ° ~ kennels, cages, and corrals so as to produce a humane environment. These " rt 4a 3 services shall hereinafter be referred to as the "animal shelter component". , .y e, Public Education - County shall provide information to the public on the necessity of animal control as recommended by the Animal Regulation and Control Advisory Committee. This service shall hereinafter be referred to as the "public education component". f. Licensing - County shall collect license fees, issue licenses and receipts for licenses, enforce City licensing ordinances, and enforce state and local rabies control laws. County may choose to conduct an animal vaccination clinic. These services shall hereinafter be referred to as the "licensing component". -2- e � • - AGENDA PATE 7- : ITEM► • M E M O R A N D U M TO: CITY MANAGER July 9 , 1984 FROM: PLANNING DIRECTOR SUBJECT: Public hearing to consider a request for change of zone on property located at the southeast corner of E1 Bordo and El Camino Real as requested by Goldie Wilson, property owner, and expanded by the Planning Commission. Addressed as 9955 and 9975 E1 Camino Real - request to change from RMF-16 to CR. Negative Declaration to be certified by City Council (ZC 5-84) Situation: At their regular meeting of June 4 , 1984 , the Planning Commis- sion, by a unanimous vote (Commissioners Moore and Wentzel ab- sent) recommended to the City Council approval of a change of zone affecting approximately 1.47 acres of land at the southeast corner of E1 Bordo and El Camino Real. The recommendation of the Planning Commission is to change the zoning designation from RMF/ 16 (Residential Multiple Family - 16 units per acre) to CT (Com- mercial Tourist) . Goldie Wilson, applicant, had requested CR (Commercial Retail) . The proposed zoning designation is consistent with the designa- tion of the Land Use Element of the General Plan (Retail Commer- cial) which was established by City Council on June 11, 1984 under General Plan Amendment 2A-84. This designation was re- quested by Goldie Wilson for the 19th Hole Motel and expanded by Commission and City Council to include the adjacent restaurant (Hoovers Hacienda) . The proposed zoning designation of Commer- cial Tourist is specificaly designed to accommodate motels and restaurants which constitute the present uses and the future uses (Goldie Wilson desires to expand the motel) . The Planning Commission did discuss this proposal at length and weighed the difference between Commercial Retail zoning as com- pared to a Comercial Tourist designation. There was no one pres- ent to speak to this issue at any of the three hearings on this item which occurred on May 7, May 21 and June 4 , 1984. Recommendation: It is the Staff recommendation that City Council certify the Negative Declaration as "a complete and factual document consis- tent with CEQA Guidelines and approve and introduce Ordinance Number 83 to rezone the subject property from RMF-16 to the CT (Commercial Tourist) Zone. - 1 - Re: Zone Change 5-84 (Goldie Wilson.) WA A. L©FTU MURRAY L,. WARDEN Planning Director City Manager Attachments: Planning Commission Staff Report - 5/21/84 Planning Commission Minutes - 5/7/84, 5/21/84, 6/4/84 Resolution No 7-84 - 2 - 0 0 Resolution No. 31-84 On motion by Councilman and seconded by Councilman , the Atascadero City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ROLFE NELSON, Mayor ATTEST: GEORGIA RAMIREZ, Acting="City Clerk APPROVED AS TO .FORM: APPROVED AS TO CONTENT: ALLEN GRIMES, City Attorney MURRAY L. WARDEN, City Manager W5' AGWD,� ...,, D�4TE - JTEM i — M E M O R A N D U M TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: PRESENTATION BY QUAD, INC. DATE: JULY 5, 1984 By previous action, the City Council asked that the presentation by Quad, Inc. , regarding the faciltiies study be continued to the July 9th City Council meeting. Accordingly they have been rescheduled. I believe each of you have received a copy of the report. • MURRAY L WARDEN /4 CITY MANAGER MEETING AGENDA 410 PATE IT TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: PUBLIC FACILITIES STUDY AND PLAN ('QUAD CONSULTANTS/JOHN CAROLLO ENGINEERS DATE: MAY 101 1984 M E M 0 R A N D U M You were previously provided with a copy of the Quad Facilititt Study. Monday night you will be presented ~an oral summary of that study. From the staff's standpoint, I: would like to 'point out that some of the internal space allocations made by Quad do not appear to us to be feasible nor does' the- staff support the idea of building a mezzanine in the lower Rotunda. However, the staff 'does agree with the analysis that there is total space available sufficient for our needs in thin building, assuming . arrangements are made for the Library. Accordingly# it is; suggested that when you review the Quad recommendationsthat you keep in mind the conclusion of space available as to the analysis of alternative casts and as to °the analysis of overall utilization of the Administration* Build.ing. M RAY WARDEN i:ty M nagger z MEt�r' s � AG�NnA DATE - JTLI f M E M O R A N D U M TO: CITY COUNCIL FROM: CITY MANAGER DATE: JULY 5, 1984 SUBJECT: ORDINANCE NO. 82 (AMENDING SECTIONS OF THE ZONING ORDINANCE TEXT REGARDING SETBACKS, FENCING, PARKING AND TRASH ENCLOSURES ON FLAG LOTS Ordinance No. 82 is returned to you for second reading per your approval of its first reading at your previous meeting. MURRAY LF, WARDEN CITY MANAGER • • 1 • • • 1AAGENDA DAT _ M E M O R A N D U M TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: APPOINTMENTS TO RECREATION ADVISORY BOARD DATE: JULY 5, 1984 The City Council should determine the process it wishes to follow in filling the vacancies. In the past, we have advertised and I believe we have done so in the present case. The question is if you wish to interview, and if so, when. Perhaps you could do so before the next Council meeting by starting earlier than normal. 1) MURRAY L, WARDEN 1 CITY MANAGER • • • t D July 2 , 1984 Ay TO: City Manager FROM: Recreation Director SUBJECT: Park & Recreation Advisory Board Appointments Murray, The terms of Park & Recreation Advisory Board members Jensen, Meyers, Baum and Ivie officially expired June 30, 1984 . They are all willing to extend their terms until the City Council appoints new Board members . There are six new applicants for the four vacant positions . The next scheduled Parks and Recreation Advisory Board meeting is scheduled for Thursday, July 19 , 1984 . 4- 40ploft Skip Joannes gh ORDINANCE NO. 82 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTIONS OF THE ZONING ORDI- NANCE TEXT REGARDING SETBACKS, FENCING, PARKING AND TRASH ENCLOSURES ON FLAG LOTS (SECTIONS 9-4.110 (e) , 9-4.106 (a) (2) AND 9-9.102) WHEREAS, the proposed Zoning Ordinance Amendment proposes stand- ards consistent with the General Plan as required by Section 65860 of the California Government Code; and, WHEREAS, the proposed Code Amendment is in conformance with Sec- tion 65800 et seq. of the California Government Code concerning Zoning Regulations; and, WHEREAS, the proposed Amendments will not have a significant ad- verse effect upon the environment and the prepartion of an Environmen- tal Impact Report is not necessary; and, WHEREAS, the Atascadero Planning Commission has held several pub- lic hearings and has recommended approval of Zoning Ordinance Text Amendment 3-84. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 1. Text Change. a) Add Subsection (e) to Section 9-4.110 (Projections into Re- quired Setbacks) as follows: (e) Flag Lots: Six foot fences shall be allowed within the front yard setback area, but in no case shall a six foot fence be allowed within an area connecting the re- quired front yard setback areas for any adjoining lots. Trash enclosures may encroach into the front yard set- back area but shall maintain a five foot setback from adjoining property lines and shall not be located within the access strip. b) Revise the wording of Section 9-4.106 (a) (2) to read as follows: Flag Lots: Determination of that portion of the site to constitute the required front yard shall be at the discretion of the applicant. ORDINANCE NO. 82 0 • c) Revise the wording of Section 9-9.102 to read as follows: Setback, Front: An open area without structures, extending g across the front of a lot between the side property lines. The front of a lot is the most narrow dimension of the lot parallel to a street and adjacent to that street, except as provided for flag lots with both fee title and easement ac- cess strips where applicant may determine that portion of the site to constitute the front yard. Section 3. Publication. The City Clerk shall cause this Ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this Ordinance and shall cause this Ordinance and this certification together with proof of posting to be entered into the Book of Ordinance's of this City. Section 4. Effective Date. This Ordinance shall go into effect and be in full force and ef- fect at 12: 01 a.m. on the 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: DATE ADOPTED: MARJORIE MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO FORM: ALLEN GRIMES , City Attorney AP D AS JP CONTENT: M RAY/: WARDEN, City Mana r 2 Ordinance No. EXHIBIT B ZONE CHANGE 5-84 Southeast Corner of El Camino Real and E1 Bordo From RMF/16 to CT PARCEL 1: All that part of Lot 1, Block 7 of Eaglet No. 2, Subdivision, in the City of Atascadero, County of San Luis Obispo, State of California, as shown on the official map of said subdivision on file in the office of the Coutny Recorder of said County and entitled "Map of Eaglet No. 2 Mitchell' s Resubdivision No. 2 of a part of Lots 3 and 4 of Storey' s Subdivision of the Rancho Atascadero made in 1893 and a resubdivision of a part of Block 5 of Eaglet No. 1" , being more particularly de- scribed as follows: Commencing at the intersection of the northwesterly line of said Lot 1 with the northeasterly line of the California State Highway right of way, said point also being the true point of beginning; thence from said true point of beginning, north 55 26 ' east along the northwest- erly line of said Lot 1, 222 feet, more or les to the northwest corner of the property conveyed to Lawrence A. Wamberg and Evelyn H. Wamberg, husband and wife, by deed recorded September 18, 1964 in Book 1315, Page 441 of official records; thence South 34 34 ' east along the southwesterly line of said Wamberg property 300 feet to the southeast- erly line of said Lot l; thence South 55 26 ' west along the south- easterly line of said Lot 1, 107 feet, more or less to the southeast corner of the property conveyed to Roy E. Robey and Esther G. Robey, husband and wife, by deed recorded June 25 , 1984 in Book 478, Page 287 of official records; thence northwest along the northeasterly line of said Robey property 100 feet to the northeast corner thereof; thence southwest along the northwesterly line of said Robey property 115 feet to the northeasterly line of the California State Highway; thence north 34 34 ' west along said northeasterly line of said highway 200 feet more or less to the point of beginning. PARCEL 2: That portion of Lot 1 in Block 7 of Eaglet No. 2, in the County of San Luis Obispo, State of California, according to map recorded January 14, 1920 in Book 2 at page 39 , et seq. , of Maps, described as follows: Beginning at the intersection of the Southeasterly line of said Lot, with the Northeasterly line of the California State Highway right of way, as conveyed to the State of California, by deed dated November 14, 1930 , recorded in Book 103 , at Page 213 of Official Records; thence North 55 26 ' East along the Southeasterly line of said Lot, 115 feet; thence North 34 34 ' West 100 feet; thence South 55 26 ' West, 115 feet to the Northeasterly line of said California State Highway right of way; thence South 34 34 ' East along said Northeast- erly line, 100 feet to the point of beginning. � 9 f ,50. �' 4..40 \ 4 � � YL• � <-C'`'��� '�. Ilk LL S GING-C y.�5 ��ti �` � � ew `� i`1% / Ci� L �� J'�•`�p�`1\�`l 9\9b,� �B 9 5 qy6 / �p q19�.• q\`11 q ; c 9\I,t� IrCb_[(1 /i e fit. pi q�g�ti-, 6 g9�9'59 63 Q c� q\ q\6 m Ir� � o sod05 L 'hl i h 4 OJO cy 0 ir CO ollb c o N — 9 of b m �s �� .i ce Jbo O %ol obob S \IT _wb 090b 1 Z906 0 ar E)(JJ IBIT A — ZDNE CHANGE 5- M _0 TO Cf- NICE ITE C SOM-! EV5T CC NEK OF d FL C MIMP, ZEAL AND EL 15OKM FFD o YMIF- /b 7D CT Resolution No. 7-84 0 0 AYES: Commissioners Sherer, LaPrade, Lilley, Carroll and Chairman Summers NOES: None ABSENT: Commissioners Moore and Wentzel DATE ADOPTED: June 4, 1984 SHIRLEY SUMMERS, Chairman ATTEST: WAYNE LOFTUS, Planning Director APPROVED AS TO FORM: ALLEN GRIMES, City Attorney 2 RESOLUTION NO. 7-84 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMMENDING THE AMENDING OF MAP NO. 19 OF THE OFFICIAL ZONING MAPS TO CHANGE CERTAIN PROPERTIES ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND EL BORDO FROM RMF/16 (RESIDENTIAL MULTIPLE FAMILY) TO CT (COMMERCIAL` TOURIST) - (ZONE CHANGE 5-84) WHEREAS, the Atascadero Planning Commission conducted several public hearings on the subject matter ; and, WHEREAS, the proposed,-Zone Change will amend Zoning Map No. 19 to be consistent with the Land Use Map of the General Plan as required by Section 65860 of the California Government/ Code; and, WHEREAS, the proposed Zone Change will not have a significant ad- verse effect upon the environment and preparation of an Environmental Impact Report is not necessary; and, WHEREAS, after conducting said public hearings, the Planning Com- mission adopted the following Findings: 1. Rezoning of subject properties will achieve consistency with the Land Use Element of the General Plan. 2. There will be no detrimental effects upon the neighborhood or utility service delivery as a result of this change of zone. 3. Existing "legal non-conforming" uses will become conforming as permitted uses within the zone district. NOW, THEREFORE, BE IT RESOLVED that the Atascadero Planning Com- mission does hereby recommend approval of Zone Change 5-84 changing certain properties on the southeast corner of E1 Camino Real and E1 Bordo from RMF/16 (Residential Multiple Family) to CT (Commercial Tourist) as shown on Exhibit A and described on Exhibit B. On motion by Commissioner Sherer and seconded by Com- missioner LaPrade the foregoing resolution is adopted in its entirety by the following roll call vote: !;7-,-3' 'j c':-':'^,-,:T7SQalo-y of 00 9� 73 O 1.0 i fn "66 o s ♦ o z z --f o ♦- _�0 t - — op° -_ _ -.=��/' . ., ♦��-. -b,;-�� ��-�y6 it� s 9 - ---_-�_ ts-otan6� Sp Z7-4t C) Ilk gZ yeJ tb i, ` p p et o c SZZ6 1 S056 b ♦� ` `` vb O �,\ jG91 t, w M ^ SIS \ oo c 01 ----SL26 o� _ 9Z ��,. o: 6! ect6 V-OI �Z ssz6 �oo2sLSr"L 0.2 c SStb 7 2f-ILL o: OZIb T p916 0016 - OJT- -- - - ,� 5 206 _ 'Zone Change 5-84 F. RECOMMENDATION: It is the staff recommendation that subject properties be rec- ommended to City Council for rezoning to Retail Commercial (CR) with Findings of Fact in Paragraph G and further that the Mitigated Neg- ative Declaration be recommended to City Council for certification as complete document consistent with the provisions of CEQA. G. FINDINGS OF FACT: 1. Rezoning of subject properties will achieve consistency with the Land Use Element of the General Plan. 2. There will be no deterimental affects upon the neighborhood or utility service delivery as a result of this change of zone. 3. Existing "legal non-conforming" uses will become conforming as permitted uses within the zone district. 3 'Zone Change 5-84 0 0 8. Terrain. . . . . . . . . . . . . . . . . . . . . . . .Gentle slope from east to west to E1 Camino Real 9. Development Potential. . . . . . . . . . . 24 multi-family residential units and/or uses listed in the RMF zone as an allowed or conditional use. 10 . General Plan Designation. . . . . . . .EXISTING: High Density Multiple Family Residential PROPOSED:. Retail Commercial 11. Environmental Status. . . ... . . . . . . .Mitigated Negative Declaration to be Certified C. BACKGROUND At the end of the deadline for receipt, General Plan Amendments (Cycle 2) the Planning Commission reviewed the proposed application from Goldie Wilson. The proposal was to change the General Plan Land Use and Zoning designation for property owned by her on the southeast corner of El Camino Real and El Bordo. Upon recommendation of the Planning Staff, the Commission expanded the area to include the adjoining property that was commercially developed. This proposed amendment and relating zone change were initially scheduled for public hearing on May 7 , 1984 but was continued because of the addition of another property for consideration of General Plan Amendment. D. PERTINENT CASE General Plan Amendment 2-84 (Item on this agenda) is a request to change the land use designation on these properties for commercial development. E.. ANALYSIS This request which was expanded by the Planning Commission and City Council would, if approved, achieve consistency with the cor- responding General Plan Amendment for Commercial Retail. As pre- viously indicated by the staff report for General Plan Amendment, the property includes non-conforming uses and would seem to offer minimum opportunity for adverse impact to the neighborhood from a land use interface or utility service perspective. Concerns and considerations of changing the land utilization pattern which relates to a zoning category have previously been discussed in the General Plan report and would obviously either relate or be resolved at this time. The development standards included in the Zoning Ordinance when appropriately applied will be sufficient to insure proper development of these properties in future years. 2 STAFF REPORT Planning Commission - City of Atascadero Date: May 21, 1984 Item: Zone Change 5-84 Notice of Public Hearing Zone Change 5-84 was published in the Atas Public hearing to consider a request cadero News on May 11, submitted by Goldie Wilson to rezone 1984 and all owners of property from RMF/16 to CR located record of property located at the southeast corner of E1 Camino within 300 feet were Real and El Bordo Avenue and addressed notified by United States as 9955 El Camino Real. The zoning Mail on that same date. change will also include 9957 E1 Camino Real. A. LOCATION: Southeast corner of E1 Camino Real and E1 Bordo Drive, 9955 and 9975 El Camino Real (19th Hole Motel and Hoover 's Hacienda) . See attached location map (Exhibit A) . (Hoover ' s Hacienda) B. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . . . . .Goldie Wilson, Property owner and expanded by City Council to include adjacent parcel. 2. Type and Purpose of Request. . . . .To rezone subject property from Residential Multiple Family 16 units per acre (RMF/16) to Commercial Retail (CR) zone. 3. Property Owners. . . . . . . . . . . . . . . . .30-461-15 30-461-16 A.S. Carey Goldie Wilson 9177 Ash St 7955 Morro Rd Atascadero Atascadero 4. Site Area. . . . . . . . . . . . . . . . . . . . . . .0. 26 acres 1.21 acres TOTAL = 1.47 acres 5. Existing Use. . . . . . . . . . . . . . . restaurant I motel 6. Existing Zoning. . . . . . . . . . . . . . . . .RMF/16 (Residential Multi Family 16 units/ac) General Plan Zoning 7. Surrounding North: High Density Multi-Family RMF/16 Land Use and South: High Density Multi-Family RMF/16 Zoning: East : High Density Multi-Family RMF/16 West : High Density Multi-Family RMF/16 and Retail Commercial CS Minutes - Planning • - 4 Commission June 4, 198 2. Continued public hearing on Zone Change 5-84: A request to rezone property at the southeast corner of El Camino Real and El Bordo Avenue from RMF/16 (Residential Multiple Family, 16 units per acre) to CR (Commercial Retail) Property addressed as 9955 and 9975 El Camino Real - Wilson/ Planning Commission. A Negative Declaration to the provi- sions of CEQA is to be certified (continued from May 7 and May 21, 1984) . Mr. Loftus presented the staff report and noted that Staff had been unsuccessful in contacting Mrs. Wilson concerning the matter and suggested that perhaps another continuance may be in order. There were no public comments made. It was the general consensus of the Commission to rezone the prop- erty to Commercial Tourist rather than the requested Commercial Retail. MOTION: Commissioner Sherer moved to certify a Negative Decla- ration as complete and consistent with the provisions of CEQA and to approve a Zone Change from RMF/16 to Commer- cial Tourist. The motion was seconded by Commissioner LaPrade and carried unanimously. 3. Conditional Use Permit 6-84 : A request to allow a bed and breakfast facility in the RMF/10 Zone at 5763 Rosario on Lot 21 of block LA - Obenhoff. A Negative Declaration to the provisions of CEQA is to be certified. Mr . Buss presented the Staff Report on this request recommending approval subject to certain conditions. Raelynne Obenhoff, applicant, spoke in support of the project and indicated her agreement with the recommendation. William Carlyle, Rosario resident, asked if beer and wine would be served, and expressed concern with regard to the traffic along Rosario. Russell Goodrich, Rosario resident, felt that the City should set specific standards regulating these types of uses and expressed his opposition to the project. Carolyn Peek, Rosario resident, expressed her support of the pro- ject and noted Mrs. Obenhoff' s efforts in restoring the home. Loyal Mayer , Olmeda resident, asked that when a business enters a neighborhood, does that open the door for other businesses to be established. 3 Minutes - Planning Omission - Regular Meeting* 5/21/84 iously certified, addendum to be considered (continued from May 7, 1984) . Associate Planner , Fred Buss, in presenting the Staff Report, ex- plained the difference between the general plan amendment and the prezoning request. Mr. Loftus explained the purpose of the Flood Hazard Overlay zone on a portion of the property. Dennis Bethel, representing the applicant, spoke on the Flood Hazard Overlay zone and indicated there was no problem with the designations as shown on the map. MOTION: Commissioner Lilley moved to approve Zone Change 1-84 as recommended in the Staff Report based on the Findings therein and to accept the EIR addendum which indicates that minor changes to the project retain consistency with CEQA and the certified E. I.R. Commissioner Wentzel sec- onded the motion and it carried unanimously. 4. Zone Change 5-84: A request to rezone property at the southeast corner of El Camino Real apd El Bordo from RMF/16 (Residential Multiple Family, 16 units per acre) to CR (Commercial Retail) . Prop- erty addressed as 9955 and 9975 E1 Camino Real - Wilson/Plan ning Commission. Negative Declaration to the provisions of CEQA is to be certified. (continued from May 7, 1984) Mr. Loftus presented the Staff Report on the zone change request recommending approval. Commissioner Moore and Chairman Summers felt that a CT designa- tion would be more appropriate than CR. It was noted that no one appeared on behalf of the applicant. MOTION: Commissioner Wentzel moved to continue the hearing for Zone Change 5-84 to the meeting of June 4, 1984. The motion was seconded by Commissioner Lilley and carried unanimously. 4. Conditional Use Permit 4-84: Request to approve a master plan of development for addition- al classrooms on Lots 2, 3 and 4 of Block EB at 6225 Atasca dero Avenue - North County Christian School (tauter) . Nega- tive Declaration to the provisions of CEQA to be certified. Mr. Buss presented the Staff Report and pointed out a concern Staff has regarding the 8-10 year time frame for the master plan because of possible development changes that could occur in the future and felt that a five year period would be more appropriate. Richard Jensen, principal of the North County Christian School, spoke in support of the request and noted his agreement with the recommendation. 4 Minutes - Planning emission - May 7, 1984 0 MOTION: Commissioner Lilley moved to continue the hearing on Zone Change 1-84 to the meeting of May 21, 1984 to allow for amendment of the General Plan. The motion was sec- 0 onded by Commissioner Wentzel and carried unanimously. Chairman Summers called a recess from 9: 20 to 9:30 p.m. 5. Public hearing on Tentative Parcel Map 5-84 to divide a 10. 2 acre parcel into two parcels of 5.1 acres each on Lot 20 of Block 25 at 2575 San Fernando Road - Mallory (Twin Cities Engineering) Mr. Buss presented the Staff Report recommending approval of the land division request. Steve Mallory, applicant spoke in support of the request and in- dicated his concurrence with the recommendation. MOTION: Commissioner Wentzel moved to certify a Negative Dec- laration as being complete and consistent with the pro- vision of CEQA and to approve Parcel Map 5-84 subject to the Conditions listed in the Staff Report. Commissioner Carroll seconded the motion and it carried unanimously. 6. Public hearing on General Plan Amendment 2A-84 to change the General Plan Land Use Map designation from High Density Mul_ tiple Family Residential to Retail Commercial on the south- east corner of El Camino Real and El Bordo - Wilson; and on General Plan Amendment 2C-84 to revise the General Plan Land Use designations to set the maximum allowed density - Initia- ted by Planning Commission 7. Public hearing on Zone Change 5-84 to rezone the southeast corner of El Camino Real and El Bordo from RMF/16 (High Den- sity Multiple Family, 16 units per acre) to CR (Commercial Retail) on a portion of Lot 1, Block 7 of Eaglet No. 2- Wilson The Planning Director noted that Items #6 and #7 should be contin- ued to the meeting of May 21, 1984 in order that all of the Gen- eral Plan Amendments can be considered at one time. MOTION: Commissioner Moore moved to continue Items #6 and #7 to the meeting of May 21, 1984. The motion was seconded by Commissioner Wentzel and carried unanimously. lb 4 • MEET - AGENDA DATE -!ITEM _' ,. M E M O R A N D U M TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: STATUS OF COLLECTOR SYSTEM EXPANSION AS REQUIRED BY CEASE AND DESIST ORDER 81-60 DATE: JULY 5, 1984 Attached is the work file on the cease and desist order for the septic problems which caused the order to be issued by the Water Quality Control Board. Please note the order is somewhat • ambiguous in that it requires a work plan to be submitted as to how the problems are to be solved, with the solution being to construct a collection system. At the time of the cease and desist order we were hoping to qualify for a grant but have been informed that the project will not qualify. Therefore the solution must come from within the resources of the City which could take a variety of forms such as the formation of an assess- ment district, perhaps participation in a septic maintenance . district, or other solutions that may present themselves. Unfortunately, these are costly. At the time the County was considering this problem several years ago, they had a rough estimate of up to $4 million. I 'm not sure this is a valid figure, but it certainly won' t be cheap to find a solution. Additionally, our Public Works Director believes it is not merely a septic problem but the problem is compounded by the existance of numerous springs throughout the area. As of now, we are required to provide a work plan by October 1, 1984, to show how we intend to cope with the problem. The Public Works Director is working on that at this moment. M BRAY ARDEN CITY MA GER t: A M. E �tO RAND UM TO: Murray FROM: Larry McPherson SUBJECT: Status of Collector System Expansion as Required by Cease and Desist Order 81-60 DATE: July 3, 1984 I have attached several past memos concerning the problem septic system area near Traffic Way and San Jacinto as way of background in response to Council's request for information on this subject. Cease and Desist Order 81-60 was adopted by the Central Coast Regional Water Quality Control Board on June 12, 1981. This order was in response to evident problems related to septic system usage in areas identified in the order. Prior to the order, the County Health Department conducted an ex- tensive survey of the areas and also utilized past information concerning failing septic systems from the County Building Department. The attached memo by Michele Reynolds more fully outlines past events up to April of 1983. Council authorized and an appeal was filed with EPA to obtain a waiver of the decision not to award a sewer collection grant based on the recent development of the areas in the Cease and Desist Order. Even though the arguements for the appeal were persuasive, the appeal was denied, foreclosing any possibility of receiving state or federal funds to extend collector lines to the areas in question. As it now stands, we have complied with the Cease and Desist Order, however, by October 1, 1984 we are required to submit a work plan showing how the City intends to solve the difficulties within the problem areas. By March 1, 1985 work is required to be started on design of sewers for Areas C and E with construction scheduled to begin the following year. Without funds to design or construct the collector sewers, obviously work will not be completed by the schedule and the City will then be in violation of the Cease and Desist Order. Once the order has been violated, the Regional Board could require the enactment by the City of a building moratorium in those specific areas. In order to provide sewer lines to the area identified as Area E in the Cease and Desist Order, it would be necessary to construct a sewer lift station and pressure line on Traffic Way near Valentina, as well as a series of collector lines on the local streets. I estimate the cost of providing sewer service to this area at $155,000 for the collection system. This does not include the cost of house laterals, septic tank abandonment, and other costs to connect to the sewer system, which are the responsibility of each connector. Once the collector lines were constructed, the property owner would have 2 years to connect to the sewer and abandon the private disposal system. Cease and Desist page two An assessment district seems to be the only present option to fund the construction of the sewer collection system for the area in question. It is estimated that it would take approximately 18 to 24 months to form such a district, have construction documents completed, obtain financing, and start construction. This, of course, assumes that no major obstacles are encountered during the process. The formation of an assessment district for construction of a sewer system would require an assessment engineer, construction design, as well as a bond counsel. If Council wishes to continue this matter, then it is my recommendation that staff be authorized to solicite proposals for the necessary engineering work to establish the assessment spread. AWRENCE McPHERSON LM:vh att. STATE OF CALIFORNIA GEORGE DEUKMEJIAN,Governor STATE WATER RESOURCES CO OL BOARD bIVISION OF WATER QUALITY p g PAUL R.BONDERSON BUILDING 901 P STREET WO.BOX 100 ACRAMENTO,CALIFORNIA 95801 (916) 322-6556 DEC 2 71993 December 22, 1983 In Reply Refer to: 512:JN Mr. Murray L. Warden City Manager P.O. Box 747 Atascadero, CA 93423 Dear Mr. Warden: PROJECT NO. C-06-2927; REQUEST FOR DEVIATION The City's request dated ,-May 5, 1983, for deviation from 40 CFR 35.2116 of the construction grant program regulations, has been denied by the U. S. En- vironmental Protection Agency (see attached letter dated November 29, 1983) . Pursuant to this denial , new collection system work proposed by Project No. C-06-2927 is ineligible for Clean Water Grant funding. Should you have any questions regarding this letter, please contact Mr. Jim Nicholas at (916) 322-6556. Sin rely, ames Cornelius, Chief Facilities Planning and Engineering Branch Clean Water Grant Program Attachment cc: Mr. Ken Jones, Executive Officer Regional Water Quality Control Board 3 1102A Laurel Lane San Luis Obispo, CA 93401 C,4 6, r iUNiTEITATES ENVIRONMENTAL PROTECefPd AGENCY .N WASHINGTON. D.C. 20460 NDI! 2 9 OFFICE OF ADMINISTRATION MEMORANDUM TO: Frank M. Covington, Director Water Division (W-1 ) p-Re-9ion IX, ,S�n Eranc'o FROM: Harvey .PI pen, r.;�D' ctor _ Gants ministration vision (PM-216) SUBJECT: TWWI% '� This memorandum responds to your July 22, 1983 , request for a deviation from the construction grant program regulations . ACTION I am not approving a deviation from 40 CFR 35. 2116(b) of the construction grant program regulations for the City of tascadero, California's, proposed project C062927. This eviation would have waived the requirement that the collection !before ystem serve a resident population located in the area on or October 18, 1972. BACKGROUND Section 211(a) (2) of the Federal Water Pollution Control Act Amendments of 1972 stipulates that "no grant shall be . - made for a sewage collection system under this title unless such grant . . . is for a new collection system in an existing ccmmunity with sufficient existing or planned capacity adequate- ly to treat such collected sewage. . . . " This provision was designed to assure that the costs of collection systems for new communities developing after October 18, 1972, be included as part of development costs and not be supported with Federal funds. 40 CFR 35. 2116(b) implements this provision by requiring that " . . . the bulk (generally two-thirds) of the expected flow ( flow from existing plus future residential users) will be from the resident population on October 18, 1972. " Since only 30 to -2- ; r, ] 40 percent of the flow from the project area Would come from resident population in existence on October 18, 1972, the project falls far short of the section 35. 2116(b) requirement. We do not see any rationale that would support a deviation from EPA's longstanding interpretation of section 211 (a) (2) . Therefore, we are not approving this deviation request. The Regional Office in San Francisco and the State of California both recommend that we not approve this deviation request. v STATE OF CALIFORNIA GEORGE DEUKMEJIAN,Governor ,STATE WATER RESOURCES CONTROL B D f DIVISION OF WATER QUALITY �� xo P.O.Box 100 • Sacramento 95801-0100 (916)445-7971 In Reply Refer MAY 20 ._?i to: 512:JN -----_- ._i MAY a Mr. Murray L. Warden City Manager -- — --- P.O. Box 747 Atascadero, CA 93423 Dear Mr. Warden PROJECT NO. C-06-2927, DEVIATION FROM FEDERAL REGULATION Today, we forwarded your request for deviation from Federal Regulations to EPA, Region IX, San Francisco. We anticipate that this recommendation will be forwarded to EPA Headquarters for final decision. If you have any questions concerning the deviation, please call Mr. Jim Nicholas at (916) 322-6556. Si cere1y James Cornelius Assistant Division Chief ADMINISTRATION BUILDING CITY ATTORNEY '.`OST OFFICE BOX 747 POST OFFICE BOX 749 ATASCADERO. CALIFORNIA 93423 ATASCADERO, CALIFORNIA 93423 PHQI$E: (805( 466-8000 PHONE: (805( 466-5678 CITY COUNCIL CITY CLERK N=2f!5 CITY TREASURER POLICE DEPARTMENT POST OFFICE BOX 747 CITY MANAGER ATASCADERO,CALIFORNIA 93423 FINANCE DEPARTMENT PHONE: (805( 466.6600 0 PERSONNEL DEPARTMENT PLANNING DEPARTMENT �~ PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 �-�-• PHONE:.(805( 466.2141 May 5, 1983 State Water Resources Control Board Division of Water Quality P.O. Box 100 Sacramento, CA 95801 Attention: Mr. Jim Nicholas Subject: Request for Deviation for Clean Water Grant Project #C-06-2927 Dear Mr. Nicholas; The City of Atascadero is submitting a request for deviation of 40CFR35.2116 Collection System in accord with 40CFR30.1000 for Clean Water Grant Project #C-06-2927. This project was to receive a Clean Water Grant av and of 4 million dollars. However, in March 1983, the City of Atascadero received notification of grant ineligibility based upon 40CFR35.2116. The following is an outline of the background of the Clean Water Grant Project #C-06-2927: March 1981 - A survey to delineate the scope of the septic system problems by area in accordance with a wastewater con- struction grant requirement and in response to input by City staff was completed by San Luis Obispo County Health Department. Analysis revealed that some of the areas showing surfacing effluent and/or 'septic tank problems may be caused by surfacing or subsurface springs which adjoin or traverse disposal fields. It was the opinion of that agency that there exists a moderate on-site disposal system problem in those areas with the smaller parcel sizes, areas of excessive slopes, especially where there is spring activity. Based upon the survey findings, it was the Health Department's recommendation that the community sewerage system be expanded as rapidly as funding will allow. June 1981 - The California Regional Water Quality Control Board, Central Coast Region imposed the Cease and Desist Order #81-60 upon the Atascadero County Sanitation District and the City of Atascadero. (copy attached) Mr. Jim Nicholas . CWGP #C-06927 � A page two ' Oct. 1982 - The City of Atascadero received notification of project acceptance "collection system for unsewered area under Cease and Desist Order" on the FY 1983 priority list as a Class A Priority. Nov. 1982 - A progress report as to the status of the Clean Water Grant Project #C-06-2927 was submitted to the California Water Control Board Central Coast Region. Dec. 1982 - The Scope of Work for Facilities Planning was submitted to the California Regional Water Quality Control Board and the names on the A-95 Circulation list for review. Dec. 1982 - A letter requesting advance funding was submitted to the California Regional Water Control Board. Feb. 1983 - A request was submitted to California Regional Water Quality Control Board for special consideration of Clean Water Grant Project #C-06-02927. After compiling in- formation, it was determined that this grant-funded project did not meet the requirement set forth by 40CRF 35.2116 which states: "If the project involves collection system work, such work shall be for a new cost-effective collection system in a municipality in existence on October 18, 1972, which has sufficient existing or planned capacity to adequately treat such collected wastewater and where the bulk (generally two thirds) of the expected flow (from existing plus future residential users) will be from the resident population on October 18, 1972." Therefore, a request for special consideration was submitted to Calif- ornia Regional Water Control Board. March 1983 - A letter from the California Regional Water Quality Control Board was received stating that the City's request for special consideration cannot be granted. The City of Atascadero is requesting a deviation of 40CFR 35.2116 Collection System on the premise that such a deviation is essential to effect necessary grant actions and is in accord with EPA objectives. The requirement set forth by 40CFR 35.2116 states: "If the project involves collection system work, such work shall be for anew cost- effective collection system in a municipality in existence on October 18, 1972, which has sufficient existing or planned capacity to adequately treat such collected wastewater and where the bulk (generally two-thirds) of the expected flow (flow from existing plus future residential users) will be from the resident population on October 18, 1972." The City recently compiled information illustrating which lots within the grant funding area were built upon prior to this date. The results of this survey determined that the grant funded areas did not meet this "generally two-thirds" requirement. It should be noted that the two-thirds require- ment was not stated in the Federal Clean Water Act and was decided upon CWGP #C-06-02927 page three • . _ r arbitrarily after adoption of the Act. The following is a list of goals and policies stated by applicable State and Federal entities which relate to clean water grant programs: 1) The Federal Water Pollution Control Act, as amended through December 1981 states: The objective of this - Act is to restore and maintain the chemical, physical and biological integrity of the Nation's Water. In order to achieve this objective it is hereby declared that, consistant with the provisions of this Act - a) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works: b) it is the national policy that areawide waste treat- ment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State. 2) Title 23, Regional Water Quality Control Board; Clean Water Grant Program states: The primary objective of the Clean Water Bond law and the purpose of the State Clean Water fund is to assist in the financing of treatment works necessary to prevent water pollution and thereby protect and promote the health, safety and welfare of the in- habitants of the State. A deviation from the grant related requirement of 40CFR 35.2116 is necessary for the City of Atascadero to receive necessary construction funds for collector system and would be in accord with the above State and Federal environmental goals and policies and in the best interest of the Government. The City of Atascadero is a newly incorporated city (July 2, 1979) working within a limited budget and had no control over development policies that may have occurred prior to incorporation. Various agencies have expressed their recommendations for a community sewerage system to be expanded to those areas addressed in the grant funding. The following is discussion from the meeting agendas of the State of California Regional Water Quality Control Board (Friday, June 12, 1981) which considered issuance of a Cease and Desist Order against the Atascadero County Sanitation District. "Evidence indicates that the existing water quality situation within the District's boundaries will worsen if wastewater treatment facilities are not expanded and areas with failing septic systems not sewered. Proposed Cease and Desist Order No. 81-60 requires that the District and/or the City construct the needed treatment and sewer system expansion in accordance with a specified time schedule. Specific areas requiring sewers have been delineated in the proposed enforcement Order. Mr. Jim N' olas CWGP #C-OW2927 . page four The grant condition requires areas with failing septic systems to be sewered if grant monies are used to expand treatment capacity; adopting Cease and Desist Order No. 80-61 would insure that it will be done. Adoption of the order would also justify elevating the project on the priority list.' The Clean Water Grant would enable the City to install a very needed collection system. The attached maps illustrate the building dates of lots within the grant funding area. I hope that after review of the above stated information, the Grants Administration Division will approve a deviation of 40CFR 35.2116. A deviation has not been requested previously by the City. Should you have any questions concerning this, please contact Larry McPherson, Director of Public Works, or ?Michele .Reynolds, Assistant Civil Engineer, at (805) 466-8000 Sincerely RRAY WARDEN ity anager MLW:vh att. _ t _A7 _ - --- - - . � ,yt� ti5� t 7 Li t 11,1_77-1 Affer I9_7 ., �- EXACT DATE IS UNDETERMINED nt - _ -- - - - -- =- - CITY OF ATASCADERO ARI7.ONA/HANANITA APA C.R.W.O. C.B. CEASE AND DESIST ORDER 81-60 � ANSEl�40 r BUILDINGS PRIOR TO 10/18/7?. sa ve�SA N A r:ii 4NSECMp s ' yy� Q • O � O Zi .s- $ Q ' ~ . 3k P:f�, `-➢Lbw'!"'a�„'�?Xt. :':�� -; NORTH ,{ ooav 3 Nrs . nl f •., V , O • O \9u sF O a r GD) P S E. SAV rr Y :r, >.r 7�. �� �� �© - 2 1,��` �y,, � �$S � o�'• t�" •'v. �� ��'.. 'N„ � O � '� � > � o` '' � �.. �/1 .'� O � U �:. ? ✓s( �`O p cn `�p.'a,';;:' +ter O <O `� ��j�'�lV _ e � V� ..J6 V `.�/• 4�. � O O O ` s r b 1 1 V ?�. . ..• { .1.. ^^ O•� J !f J :w.'�-A K{4, p }!' 4 .H.. ti •!e `:'�:::!.:'t Ob _K.�:� Z-r"`��� •. i ? � '• � LS lv, T .:�.. F•' :ir�1_ ,t 4 .it X .. c` .'.so .N X _.�' � ,� ,Q . �ffy 1 O Y ry UO .Q 3 a +•. a o ?v?a i m Yt, O 4 A _� ,'.fit. �__` `` f `/.•�_ -1 JAEINTA r.Y/ ~�i�• CITY OF ATA: ?;F\O _ LODOS/HERr:OSI.�T LA AREA C.R.w.n.C.B. CEASE AL:D DESIST ORDER 81-60 BUIL:?INGS PRIOR TO El y�' Q Lt�O�. C�"t O• NORT ' ^ t i i3 dys is � ~' ° � �.r.FA��' I ��� i�c. l •° l�ac'S�'�- ,. 4 �}... �. s G�..:i`t.� ;est O �•��', � of � ��' <�,. • �. _ 'j,.. _ i�i>:.;•: i�.>_y.r,„4 } •q (! 7DTdFN I fr , i. �' .^, ; d +.,._ . ND �y..✓ s (. • - •'..-. °' 3 AMENDME it _ 1 ['CrO ° tr P�� e�• coal �y� � e t p�� �`� ,tom; �}�''� •, � ,° r! 56N J6GINT0 :3�:5:�::::�:� i�.::::.. r © -. ass O k CAT RNIA REG=O IAL 1,1ATER QUALITYC 'Tr OL BOARD` 6_`NTRAL COAST REGIO;d 1102-A Laurel Lane =: ' San Luigi Obispo, California 93401 CEASE r'_'.D DESIST ORDER PTO. 81-60 Order Requiri::o Atascadero County Sanitation District and the City of Atascadero to Cease and Desist from Discharging Wastes Contrary to requirements Prescribed by the California Reg-onal Water Quality Control Board, Central Coast Region. The California Regional Via-zer Quality Control Board, Central Coast Region, (hereafter Re io7,al Board) `inds: 1. Atascadero County Sani-ation District (hereafter District) provides municipal wastewater collection, treatment, and disposal for the area within the City of Atascadero. The District's boundary and its sewer service area boundary are shoxn on Attachment "A" included with this Order. Areas outside the sewer service area utilize septic tank/leaching systems for wastewater disposal. 2. Responsibility for oaeation and maintenance of the wastewater facili- ties is to be assumed by the recently incorporated City of Atascadero (hereafter City) . 3. The Board adopted Order No. 75-67, "Waste Discharge Requirements for Atascadero County Sanitation District, San Luis Obispo County" on September 12, 1975, anc amended it on April ll, 1980. Order No. 0 75-67 implements the Foard's ;dater Quality Control Plan for the Central Coastal Basin (Basin Plan) and provides, in part, that: "A. Discharge Specifications "1. The dischsge shall be maintained within the designated land disposal areas without overflow or bypass to adjacent properties or drainageways. "2. _ The maximu-ni daily dry weather volume discharged shall not exceed 0.333 million gallons. After completion_ of proposed additional treatment facilities, it shall not exceed 1.67 million gallons. 112. The public shall not have contact with inadequately treated wastewater as a result of treatment and disposal erations. "B. Provisions The disc`arger shall comply with all items in 'Standar. ?rcvisions' dat:ad December 9, 1977 . . . ." C & D Order No. 60 -2- • 4. Standard Provision B.13. requires the discharger to submit a written report to the Board, when flows exceed 75% of design capacity, outlining a schedule of work needed to provide additional capacity before waste flow equals the capacity of the present units. 5. The District submitted a Plan of Study in 1976 and a Facilities Plan in 1977 for expanding treatment plant capacity utilizing Clean Water Grant funds. Concept approval was granted March 15, 1978. 6. A condition of receiving a grant for construction of the facilities was imosed on the District which requires providing service to areas with failing septic tanks. 7. San Luis Obispo County Health Department evaluated septic tank system problem areas and submitted a report titled: "City of Atascadero, On-Site Sewa-e Disposal System Survey, January - February - March, 1981." 8. The County Health "Department Report identifies eleven septic system problem areas as sho:.rn in attachment "A." Areas designated as C, E, F, G, I, and K, on Attachment "A" have the greatest need for se::crs. It was recommended that these areas . be sewered "as rapidly as funding will allow." Areas designated as C and E, have approximately 80 percent of the system failures in the six designated areas. 9. Failing onsite sewage systems constitute a threat to water quality and public health. 10. Expansion of District wastewater facilities will be necessary . before areas with failing septic systems can be sewered. 11. On June 12, 1981, after due notice to the dischargers and all other affected persons, the Regional Board conducted a hearing and evidence was received concerning the discharger of waste in violation of terms and conditions noted in paragraphs 3. and 4. , above. 12. After reviewing th-e evic';_nce, the Regional Board has determined that the discharge is in violation, or threatened violation, of dischlrg` specifications. and provisions noted in paragraphs 3. and 4. , above. 13. This enforcement action is being taken for the protection of the environm-ant and as such is exempt from the provision of the California Environmental Quality Act (Public Resources Code, Section 21000 et :;eq. ) in accordance with Section 15121, Chapter 3, Title 14, California Ae:-Iinistrative Code. ,I C & D Order No. 31_60 -3 F 6 � -�` IT IS HiE BY ORDEHED TFi pursuant to- Section 13201 of the California water Code, the :.tascadero Count; Sanitation District, and the City of Atascadero shall comply wish the following: 1. Cease and Desist from discharging wastes contrary to requiremments lited in Items 3. anal =. , above, by constructing additional treatment ca_acity according to the following time schedule: ,Task Compliance Date* Begin construction of Wastewater October 25, 1981 Treatment Plant Progress Report September 1, 1982 Complete construction of Wastewater July 1, 1983 Treatment Plant i A report of ccapliance shall be submitted within 10 days aster the ccmpliance date. 2. Eliminate wa`er quality and public health problems associated with failing individual on-site wastewater system discharges by providing sewage collection service to problem areas shoran on Attachment "A" according to the folic ing time schedule: Task Compliance Date* Submit a Workpian a Incl u&in.:7 tire schedule) November 1, 1981 to provide Sewer Service fcr ►tensewered Areas C and E. Submit a Workplan (inclucirg time schedule) March 1, 1982 to minimize Failing On-Site Sewage Syste- �• in Unsowered Areas F, G, I, and K. N� Progr(ass Report October 1, 1982* Progress report October 1, 1983 Submit a Workplan Unclu'ir_. ti::-:! schedule) October 1, 1954 to provide Sewer Service cr U:iss-wered Areas 1', G, I, and K. Dogin design of sewers _`c^ ;rens C and E. Murch 1, 1985 Complete d`si Yn SeWer: for Areas C and E. Deccmber 1, 19:5 Begin ccns1:ruct�_c: of s for r ?rep C March 1, 198 and E. C & D Order No. 81- G0 -4- - • Task Comuliance Date* Complete construction of sewers Noveriber 1, 1986 for Areas C and E. "Tiic discharger shall advise the Rleoional Board of compliance by at least one copy of the appropriate documents no later than the date specified. Where tasks do not include completed documents (i. e. , tasks f, h, -and i) , written reports are due within ten (10) working days of the compliance date. All reports shall include sufficient detail to allow determination of whether satisfactory progress is being made to comply with all terms of this Order. 3. If, in the opinion of the Executive Officer, the District or City fails to comply with the provisions of this Order, the Executive Officer is directed to request the _Attorney General to take the appropriate enforcement action against the discharger, including injunction and civil monetary remedies, if appropriate. I, iCE:;;IETH R. JONES, Executive Of=icer of the Regional Water Quality Control Board, Central Coast Region, do hereby certify that the foregoing is a full, true, and correct copy of an Order adopted by the Regional Water Quality Control Board on Jure 12, 1981. Executive Officer .• M E M O R A N D U M y TO: Murray FRO;I: Larry McPherson SUBJECT: Status of Wastewater Collector Grant - Project No. C-06-2927 DATE: April 18, 1983 Attached is a report concerning the current status of the Wastewater Collection System Grant of which the City was previously notified. After a review of the individual areas that were to be sewered, the Executive Officer of the Central Coast Regional Water Quality Control Board has notified the City that these areas do not qualify under the grant criterion that requires at least 2/3rds of the areas to have been developed prior to October 19, 1972. The bulk of the properties in the proposed service area were developed around 1975, with a number of lots still undeveloped. It should be emphasized that the lots proposed to be served by the collector system effected by this grant are currently covered by a Cease and Desist Order of the Regional Board. This order was due to evident septic tank problems in the area and requires specific action by the City to correct, generally, five years from .the completion of the new wastewater treatment plant. Failure by the City to correct these problems could result in a building moritorium in the areas covered by the Order. I concur with the attached report by Ms. Reynolds and agree that the Council order staff to file an appeal to the Executive Officer's decision. 11"LAWRENCE McPHERSON LM:vh M E M O R A N D U M TO: Public Works Director FROM: Assistant Civil Engineer SUBJECT: Clean Water Grant Project ##C-06-2927 DATE: April 8, 1983 The following is an outline as to the status of the Clean Water Grant Project #C-06-2927. Background March 1981 - A survey to delineate the scope of the septic systems problems by area in accordance with a wastewater construction grant re- quirement and in response to input by City staff was completed by San Luis Obispo County Health Department. Analysis revealed that some of the areas showing surfacing effluent and/or septic tank problems may be caused by surfacing or subsurface springs which adjoin or traverse disposal fields. It was on the opinion of that Division, that there exists a moderate on-site disposal system problem in those areas with the smaller parcel sizes, areas of excessive slopes, especially where there is spring activity. Based upon the survey findings, it was the Department's recommendation that the community sewerage system be expanded as rapidly as funding will allow. June 1981 - The California Regional Water Quality Control Board, Central Coast Region imposed the Cease and Desist Order ##81-60 upon the Atascadero County Sanitation District and the City of Atascadero. October 1982 - The City of Atascadero received notification of project acceptance "collection system for unsewered area under Cease and Desist Order" on the FY 1983 priority list as a Class A priority. Nov. 8 1982 - A progress report as to the status of the Clean Water Grant Project ##C-06-2927 was submitted to the California Water Quality Control Board Central Coast Region. Dec. 8 1982 - The Scope of Work for Facilities Planning was submitted to the California Regional Water Quality Control Board and the names on the A-95 Circulation list for review. Dec.30 1982 - A letter requesting advance funding was submitted to California Regional Water Quality Control Board. " Feb.28 1982 - A req* was submitted to California *oval Water Quality Control Board for special consideration of Clean Water Grant Project #C-06-02927. After compiling information, it was det- ermined that this grant-funded project did not meet the req- uirement set forth by 40CFR 35.2116 which states: "If the pro- ject involves collection system work, such work shall be for a new cost-effective collection system in a municipality in existence on Oct.18, 1972, which has sufficient existing or planned capacity to adequately treat such collected wastewater and where the bulk (generally two thirds) of the expected flow (from existing plus future residential users) will be from the resident population on October 18, 1972." Therefore, a request for special consideration was submitted to California Regional Water Quality Control Board. March 1983 - A letter from the California Regional Water Quality Control Board was received stating that the City's request for special consideration cannot be granted. Applicability An appeal to this decision may be submitted to the Environmental Protection Agency. In reference to Clean Water Grant Regulation, Subpart 1 Deviations 40CFR30.1000 it states that "The Director, Grants Administration Division, is authorized to approve deviations from substatutory requirements of this sub- chapter or grant related requirements of this Chapter when he determines that such deviations are essential to effect necessary grant actions or EPA objectives where special circumstances make such deviations in the best interest of the Government." The following is a list of goals, policies and recommendations stated by applicable State and Federal entities which relate to clean water grant programs: 1) The Federal Water Pollution Control Act, as amended through December 1981 states: The objective of this Act is to restore and maintain the chemical, physical and biological integrity of the Nation's Water. In order to achieve this objective it is hereby declared that, con- sistant with the provisions of this Act - a) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works; b) it is the national policy that areawide waste treatment management planning processes, be developed and implemented to assure adequate control of sources of pollutants in each State. 2) Title 23, Regional Water Quality Control Board; Clean Water Grant Program states: The primary objective of the Clean Water Bond law and the purpose of the State Clean Water fund is to assist in the financing of treatment works necessary to prevent water pollution and thereby protect and promote the health, safety and welfare of the inhabitants of the State. 3) Discussion from the meeting agenda of the State of California Regional Water Quality Control Board (Friday, June 12, 1981) which considered issuance of a Cease and Desist order against the Atascadero County Sanitation District states: "Evidence indicates that the existing water quality situation within the District's boundaries will worsen if wastewater treatment facilities are not expanded and areas with failing septic systems are not sewered. Proposed Cease and Desist Order No. 81-60 requires that the District and/or the City construct the needed treatment and sewer system expansion in accordance with a specified time schedule. Specific areas requiring sewers have been delineated in the proposed enforcement Order. The grant condition requires areas with failing septic systems to be sewered if grant monies are used to expand treatment capacity; adopting Cease and Desist Order No. 81-60 would insure that it will be done. Adoption of the order would also justify elevating the project on the priority list." A grant of deviation from the grant related requirement of 40CFR35.2116 would be in accord with ithe above stated State and Federal environmental goals, policies and recommendations; therefore, the City's appeal for a deviation would be justified. Also, it should be noted that the regulation 40CFR35.2116 which states the 2/3 requirement was not stated in the Federal Clean Water Act and was decided upon arbitrarily after adoption of the Act. The attached regulation outlines the necessary steps for request for deviation. The attached maps illustrate the building dates of the lots in the grant funding area. I recommend that the City appeal the decision of the California Regional Water Quality Control Board and request for a deviation to the Director, Grants Administration Division. MICHELE REY-NbLDS att. CEIVED MAR 9 1983 STATE OF CALIFORNIA Ceo enkme J l an w• ? Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD- CENTRAL COAST REGION �- } 1102 A LAUREL LANE SAN LUIS OBISPO, CALIFORNIA 93401 (805) 5.19-3147 March 8, 1983 Mr. Larry McPherson Director of Public Works City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mr. McPherson: SUBJECT: CITY OF ATASCADERO CWG PROJECT NO. C-06-2927 NOTICE OF GRANT INELIGIBILITY This letter is in response to your February 28, 1983, letter requesting special consideration with regards to 40 CFR 35.2116, "Collection System." Your request cannot be granted. This grant regulation is quite specific as to the flow capacity, ". . . where the bulk (generally two-thirds) of the expected flow (flow from existing plus future resi- dential users) will be from the resident population on October 19, 1972." Maps submitted by the City show that only 390 of the Arizona/ Mananita area and 280 of the Lobos/Hermosilla area were constructed prior to October, 1972. Therefore, your project is not eligible for a Clean Water Grant award. You may appeal this decision to the Environmental Protection Agency (EPA) , refer to Clean Water Grant Regulation 40 CFR 30.1000-2. Route your appeal through the State Water Resources Control Board, Division of Water Quality, P. 0. Box 100, Sacramento, California, 95801, Atten- tion: Mr. Jim Nicholas. Mr. Nicholas will forward your appeal to the appropriate person at EPA. If you have any questions, please contact Frank DeMarco at 549-3147. Very truly yours, KENNETH R. ES Executive Officer FJD:bf cc: Mr. Jim Nicholas, DWQ (w/encl) hdm!nistrator has failed to act on th the existing p.-)_iulation will connect to �5 2122 Approval of usar t`Narge syste- witWn 120 days of receipt the collection.sj stem within a. #proposed saner useordinartse, §35.2112 Marina waiver eiscs$rga reasonable time after project If the project i-p for Step 3 grant completion. assistance,unless it is solei for nplican:3. y If the applicant is also an applicant §352118 P:aA. mrd costs acquisition of eligibit:and, the applicant for a secondarytreatment requirement ,f, t ,. n. must obtain tills Regional q (a)EPA•�.�..n�,:� vara�rnnt pdministratois approval of its user waiver under section 301(h)of the Act,a assistance for Step!,-a?ndiS er 3 work charge system(§ 35.2140)and proposed plan rust be submitted which contains mP pfor tOr thaerformed before sward of giant 0 T- a modified scope of work,a schedule for ,eS (os existing)sewer use ordinance t piOIEE.% t3rAi. completion of the less-than-secondary permitted under paragraph(:,)of 11his (f 3.5.2130 If the applicant Inas a sewer facility and an estimate of costs section. use ordinance or user charge system in providing for building the proposed less- (b)(1)In emergencies or instances effect,the applicant shall demonstrate than-secenda facilities,including to the Regional A't.ministratof s - �' 0 where delay could result in significant provisions for possible future additions satisfaction that they are adequate and the Regional of treatment processes or techniques to cost increases, being enforced. -rneet secondary treatment requirements. Administrator may approve preliminary Step 3 work(such as procurement of §35.2123 Reserve capacity. §35.2113 Environmental review. major equipment requiring Ion-lead EPA will limit grant assistance for s times,field testing of innovative and a The environraental review g 1 O reserve capacity as follows: required by Part o of this Chapter moat alternative technologies,minor sewer be completed before submission of any rehabilitation,acquisition of eligible (a)An interceptor that received a Step application.The potential apolicant land or of an option for the purchase of 3 grant on a segment before December shou!d work with the State and ZPA as eIygible land,or advance building of 29,1981,may receive grants for the F e l t: minor portions of treatment works remaining interceptor segments included early as possi.sl_�n the ias�..t:�s P )• planning process to ascertain tae . after completion of the environmental in the facilities plan for reserve capacity appropriateness of a cat oorical rev,e,.-?a required by §35.2113. as planned,up to 40 years. exclusion, a fina,.=3 cf no sign..Icant (2)if the Regional Administrator (b)A prriary,secondary or advanced impact,or an environmental impact approves preliminary Step 3 work,such treatment facility,or its interceptors- statement. approval is not an actual or implied included in the facilities plan may (h) In conjunction tivith lire facilities comrutment of grant assistance and the receive a Step 3 grant with 20 years' planning process as described Laapplicant proceeds at its own risk.Any reserve capacity if the grant is received §35.2030(c),a potential applicank may procurement is subject to the after December 28,1981,but before request, in writing, that EPA make a requirements of 40 CFR Part 33. October 1,19PA. formal determination under Part ra of this (c)Except as provided in paragraph chapter. §35.2120 irfiltrationllntlow. (a) of this section,a primary, secondary, Cti (a)The applicant shall demonstrate to or advanced treatment facilit or its •15.2114 Value engineering. Y ', the Recional Administrators The applicant shat}conduct value satisfaction that each sewer system The included in the facilities en^ineering if t1he total estimated cost of plan,that received a Step 3 grant on a o works prof into the proposed treatment segment.before October 1,19&1,may building the L-eatment works is more works project isnot or will not be than S:0 million.The value engineering subject to excessive infiltration/inflow, receive-rants with 20 years'reserve recommendations shall be implemented (b) if flow rates exceed 120 gallons per capacity for the remaining segments. to the maximum extent feasible, capita per day during high ground water (d)Except as provided in paragraph §3S.2115 Collection system. period or 2.5 times the average design (c) of this section,after September 30, flow during a rain storm the applicant 1984,no grant shall be made to provide If the project o:ect involves collection may select either treserve capacity for a project for system Ivor.., such work: secondary treatment or mora stringent (a)Shall be for the replacement or (1)Request the Regional treatment or new interceptors and major rehabilitation of an existing Administrator ts or to determine that he may appurtenances.Grants for such projects collection system which as not built proceed without further flow analysis,in shall be based on capacity necessary is ivith Federal funds awarded on or after which case the Federal share of the October 18,1972, and shall be necessary project cost wi}l be limited to that serve existing needs(including existing to the integrity and performance of the portion of the project having a capacity needs of residential,commercial, of u to 120 gallons per capita per day; industrial,and other users) as complete waste treatment system p p P p determined on the date of the approval servin; the municipality; or or (b)Shall be for a new cost of the Step 3 grant,but in no case -effective (2)Perform a study of the sewer collection system in a municipality in system to determine the quantity of greater than existing needs on October existence on October 18,1972,which excessive infiltration/inflow and to 1,1990; has sufficient existing or planned propose a sewer rehabilitation program (e)All incremental costs for any - capacily to adequately treat such to eliminate the.portion of infiltration reserve capacity in excess of that collected wastewater and where the and inflow that is excessive,in which provided by this section shaltbe paid bulk (generally two-thirds)of the case Step 3 work.such as the cost for solely by the applicant.Incremental expected flow (flow from existing plus sewer rehabilitation based on the costs includes all costs which would not future resid(:ntial users)will be from the elimination of infiltration and inflow,is have been incurred but for the resident population on October 18,1972. eligible for grant assistance and the additional excess capacity,i.e., any coat The expected Cow will be subject to the eligible treatment plant size will be in addition to the most cost-effective limitations for interceptors contained in based on the quantity of infiltration and alternative with eligible reserve t ( 35.2123.If assistance is awarded, the inflow determined by the sewer system capacity described under paragraphs(a) \ grantee shall provide assurances that study to be non-excessive. through(c)of this section. • \ SI ti UGI IU 11A ta;iH1V1:, i'etiHcaYaHt` da'.c of cessation of the project Ivo anct�.• F = tat_ g-suntee. If til;. ""'� appl:c able Federal cost pr in- ^sr�.;a actions is prescribed �y this, Project Officer, ciples_)`�sb tin§ 3u.710. Wibch-,_)Ccr or by grant related equire- the concurrence of the EPA grant - §30.920-5 Alm,,, of rant. merits of this Chapter, any policy pro- tee is cial, deork o es that a cedure, method, or Practice inconsistent , ntee has ce:ued pork on the project (a) The grw( a.ivard official may uni- t pout good cause, the grant award of- laterally anrnr km grant if the Project Of- tnereN'. h. ficial may unilaterally terminate the firer determines,w�t`n the concur*enceof the (e) when a prescribed grant clause is grant pursuant to § 30.920-3 or annul the appropriate A�irtant Mnhistratcr or set fora verbatim in this Subchapter, grant pursuant to §30.920-5. Regional Administrator and ftie ro:z""L Maeof 2 clause covering the same subject Counsel or Assistant General Counsel, Grants, that: , matter which varies from, or has the § 30.924-3 Grant termination by EPA.. `f) There has beeanosubs tant.^a1ror- effect of altering, the prescribed clause (a) Notice of intent to terr:inate.- #b-mance of the project work without or char, iog is,agpIscation, After concurrence in the issuance-of agood cause; (d, r'hen a limitation on award or termination notice has been obtained (2) There is convincing evidence the grant condition is set forth in this Sub- from the EPA grant approving official grant was obtained by fraud; or chapter but not for use verba!itn, use of and the Regional Counsel or tAssist- (3) There is convincing evidence of z special condition covering the same he ant General Counsel, Grants, the grant gross abuse or corrupt practices in the subject- atter which is inconsistent with award official shall give not less than ten administration of the project. the intent. principle, or substance of the (10) days written notice to the, grantee hmitaticn or condition, or related cov- (certified mail,return receipt,requested) (4) The grantee has inordinately de- erase of the subject'matter, of intent to terminate a grant an whole Iayed completion of the project with- (e) orrnission of any mandatory grant or in part. out good cause;or, provision. (b) Terminatio. action. The grantee (5)The grantee has failed to achieve (f) whIen an EPA or other form is pre- must be afforded an opportunity for con- the project purpose (e.g.. preparation scribed by this Subchapter, use of any sultation prior to any termination.After of a research report) or to utilize the other form for the same purpose, or the EPA grant aapro ing official and the project (e.g.. construction) to the (g) a:_eration of an EPA or other form Regional Council or the Assistant Gen- extent that the fundamental Purpose prescribed in this Subchapter. eral Counsel.Grants•have been informed of the grant is frustrated. of any expressed views of the grantee and [43 FR 28484, June 30, 19781 §30.1000-2 Request for deviation. concur in the proposed termination, the A req!-est for a deviation shall be sub grant award ctficial may,in writing (cer- (b) In addition to such remedies as may be available to the United States mitted . writing to the Director.Grants fied terminate Me grant in whole or in part.mail, return receipt requested).is under Federal, State, or local late, all Adniini=,'tratior Division, as far in ad- BEPA grant funds to as the exigencies of the situation (c) •2S2S/Gr ter;:ination.A grant runs previously pao the s iay mill per lit.Each request be terminated by BPA for good cause grantee shall be returned or credited to q est for a deviation the United States, ana no further pay- shall cor.tain as a minimum: appro t a nerminaion and payment of rr.ents shall be made to the grantee. (a) t_^_e name of the applicant or the appropriate terminationsettlzmentcosts. grantee and the grant identification (d) felhcd of Tz• minatiom The pre- §30.920-4 Disputes provision. ;.umber of the application or grant af- ferred znat`od. ofgrant termination The grantee may appeal a terming- f,?cted,and the dollar value, `11 be by ilutual agreement through tion or annulment action taken pursuant (b) identification of the section of this .later:1y e_cec:uted grant agreementto this section (see Subpart J of this Subclia;,ter or the grant related require- pro.idirg for payment of termination part). inents of this Chapter from which a de- cost.s Y.o•.vever, if such agreement is cation s sought, not fe sibie, th-en the grant award of- Subpart l—Deviations (c) a~ adequate description of the de- ficlial may unilaterally terminate the §30.1000 General. tiation and the circumstances in which grant,in v:hole or in part. The Director. Grants Administratio i. will be used, including any pertinent backgro.ind information which will con- [43 FR '6434• Jure 30, 1978] Division, is authorized to approve de.ia- tribute o a fuller understanding of the tions from substatutory requirements of deviation sought, and § 30.920-t f:Grrt oC trr,nin,tion. this Subchapter or grant related require- (d) a statement as to whether the menta of this Chapter when he deter- Upon termination, the grantee must same or a.similar deviation has been m- mines that such deviations are essential quested previously, and if so, circum- refund or credit to the United States that to effect necessary grant actions or EPA _lances of the previous request. portion of grant funds paid or owed to objectives where special circumstances the grantee and allocable to the termi- make such deviations in the best interest rated project work., except such portion of the Government. §30.1000-3 Approval of deviation. thernot as may be required to meet corn- Devia'ions may be approved only by mitraents which had become firm prior §30.1000-1 Applicability. Lhe Dire"tor of the Grants Administra- to the effecticc date of termination and A deviation shall be considered to be tion Div-sion or his drily authorized rep- are otherwise allowable. The grantee any of the following: resenta:ive. A copy of each such written shall not make any new commitments (a) when limitations are imposed by approval shall be retained in the official without EPA approval. The grantee this Subchapter or by grant related re- EPA grant file. Conctirrence in the ap- shall reduce the amount of outstanding quirements of this Chapter upon the use proval cf the deviation by the appropri- cummitment.s insofar as possible and re- of a procedure, form, grant clause, or ate Ass starit Administrator(s) is re- port to the Project Officer the uncom- any other grant action,the imposition of quired prior to its effectiveness, where muted balance of funds awarded under lesser or greater limitations, the deviation would involve more than a the grant. The allowability of tegmina- (b) when a policy, procedure, method unique, special situation, e.g., will affect tion cost:,v.-ill be determined in conform- or practice of administering or conduct grantees as a class. Sewage Treatment Conmuction.Grants Manual (Sec. 30.1040.31 36 w i Ll 1177 . +�4mlfy r 1178 `' ----EM," 1 T 1 N I- 8 o A-Ffer H Tz Vu :u rlt CITY OF &SCADER0 4. AP,I7.ONAMANANITA AREA C.R.[d.0. r.B. CEASE AND DESIST - ORDER 81-60 BUILDIidC;S PRIOR TO 10/18/7?_ • SAN _ qp A SECMO ®r rP O > = O A '1 v`ti ., �A•' is ,E: >rn D-� 2 a i t NORTH i Q ooar Nes 1 � Q if� • Q yA '� {` V N f• r ` � � „n i T - � ats SAV r r o�� ti^ .� ��.;�� •� O '''� - �S! s' .® a G � 0 : '' : :y+ � �y�`Lf °. T ' (� � O � �' O ®_ J t4 T � �. Ja ft.: b 'I'l � i ♦a, F Q, J y�7 J°, "�L' n � \��k � �~3YO o MINA MITA �"'y £"� \ -si t r3Sh"i o� ; 7 . o R r `s+; kir` + a/ >� _ • X -.� .r.'r.�� �� ai J• sJ � •e +0• �.`� �� `.: � � r L � ai a ,.� IJ ♦; � y.P � a. IM SAN,!QACINTO L> •r4 r O • CITY OF ATASr LODOs /RERP�OSA AREA .O.C.B. C ASzr, AUD DFSIS , _ of ORDER 81—60 BUILDIINGS PRIOR TO IG/s y f 72 zZeiO 4 � 0 i . •b at- = - - ---_-------- ..t --'73 = o ov NORTI 0 _ p 7 . .S.�. _. "�'� '-fit{„Jam!� �z•v..' O " ,Q b ,: ?:'.. � � `� F �� �-� ,.,tO Z•Pro '..�r �� `t✓ R p ti .c \` � �. .O. G `y t -_ ' • y �[• SLE• LCO . Gl ��( �' ' . ""ii .} ��a}i� �•.�Yom..✓"' i1 y • � fir` .i�s S. •. A t a _ �• ,t lk:c '4t � ."''.+.-.'"„ r \CST �,' t � �" Q� ' .;--. ep- ee • c 4M:Nn.� J �.•!.[.J/a..ss[.r(rit.Nrofcy OR. - '��O • �` CA071IIA RF=-:3:1AL ;TATER QUALITY C•r OL BOARD 2=21TRAL COAST REGION 1102-A Laurel Lane ' San Luis Obispo, California 93401 CEASE r J DESIST ORDER NO. 81-60 Order Requiring Atascadero County Sanitation District =,d the City of Atascadero to Cease and D-esist from Discharging Wastes Contrary to requirements Prescribed by the California Res_onal Water Quality Control Board, Central Coast Region. The California Regional t•ia-er Quality Control Board, Central Coast Region, (hereafter Regional Board) -finds: 1. Atascadero County Sani-ation District (hereafter District) provides municipal wastewater collection, treatment, and disposal for the area within the City e= Atascadero. The District's boundary and its sewer service area houndary are shown on Attachment "A" included with this Order. Areas outside the sewer service area utilize septic tank/leaching systems for wastewater disposal. 2. Responsibility for operation and maintenance of the wastewater facili- ties is to he assuMed by the recently incorporated City of Atascadero (hereafter City) . 3. The Board adopted Order No. 75-67, "U'aste Discharge Requirements for Atascadero County Sani-�ation District, San Luis Obispo County" on September 12, 1975, and amended it on April 11, 1980. Order No. 75-67 implements the ':card's ,dater Quality Control Plan for the Central Coastal Basin (Basin Flan) and provides, in part, that: "A. Discharge Specifications 1. The discharge shall be maintained within the designate,' land disposal areas without overflow or bypass to adjacent properties or drainageways. 2. . The maximu—ni daily dry weather volume discharged shall not exceed 0.933 million gallons. After completion of proposed additional treatment facilities , it shall not exceed 1.67 million gallons. "12. The public shall not have contact with inadequately treated ,._.ste. ter as a result of troat^ent and disposal erations." "B. Pro-jisions "ti The disc' arger shall comply with all items in 'Standar Provisions' dated Decemhcr 9, 1977 . . ." V. �. C & D Order 240. 60 -2- _ 4. Standard Provision B.13. requires the discharger to submit a written report to the Board, when flows exceed 75% of design capacity, outlining a schedule of work needed to provide additional capacity before waste flow equals the capacity of the present units. 5. The District submitted a Plan of Study in 1976 and a Facilities Plan in 1977 for expanding treatment plant capacity utilizing Clean ;-later Grant funds. Concept approval was granted March 15, 1978. 6. A condition of receiving a grant for construction of the facilities was irn.osed on the District which requires providing service to areas with failing septic tanks. 7. San Luis Obispo County Health Department evaluated septic tank system problem areas and submitted a report titled: "City of Atascadero, On-Site Sewage Disposal System Survey, January - February - I-larch, 1961." 8. The County Health Department Report identifies eleven septic system problem areas as shoran in attachment "A." Areas designated as C, E, F, G, I, and K, on Attachment "A" have the s greatest need for sewers. It was recommended that these areas be sewered "as rapidly as funding will allow." Areas designated as C and E, have approximately 80 percent of the system failures in the six designated areas. 9. Failing onsite sewage systems constitute a threat to water quality and public health. 10. Expansion of District wastewater facilities will be necessary before areas with failing septic systems can be severed. 11. On June 12, 1981, after due notice to the dischargers and all other affected persons, the Regional Board conducted a hearing and evidence was received concerning the discharger of waste in violation of terms and conditions noted in paragraphs 3. and 4. , above. 12. A to reviewing; the evidence, the Regional Board has determined that the discharge is in violation, or threatened violation, of dischar e specificaticns- and provisions noted in paragraphs 3. and 4. , above. 13. This enforcement action is beim, taken for the protection of the environ%..ant and as such is exempt from the provision of the California Environmental Quality Act (Public Resources Code, C ' Section 21000 et seq. ) in acccrdance with Section 15121, Chapter 3, Title 14, California r.:eministrative Code. C & D Ordcr No :60 -3- _ IT IS hEKLBY 0i1"D:?FD TF :T, Dursuant to'Section 13201 of the California Water Code, the ltascadero Count; Sanitation District, and the City of Atascadero shall complyi-r1h the following: 1. Cease and De=ist from cischarging wastes contrary to requirements lited in Ite:-s 3. and ". , above, by constructing additional treatment ca acity according to the following time schedule: Task Compliance Date* Begin construction of Wastewater October 25, 1981 "'re Treatment Plant Progress Report September 1, 1982 Complete construction of 01.asterater July 1, 1983 Treatment Plant A report of ccm_liance shall be submitted within 10 days aster the compliance date. ' 2. Eliminate wa'�-er quality and public health problems associated with failing individual on-site wastewater system discharges ^y providing sewafe collection service to problem areas shorn on Attachment "A" according to the- following time schedule: Task Compliance Date* Subs-it a ilorkpla_. (inclu'ir.g time schedule) November 1, 1981 -_ to provide Sewer Service for Unsewered Areas C and E. Submit a Workplan (including time schedule) March 1, 1982 to minimize Failing On-Site Sewage Syste:�� in Unsewered Areas F, G, I, and K. Progress Report October 1, 19826b Progress Report October 1, 1983 Submit a i.orkpla^ (i.ncl��ir:� ti:.-•2 schedule) Octcber 1, 1954 to provide Sewer Service =cr Unsc..,ered Areas i•, G, I, and K. Ecgin design of sewers =c�r ;meas C and E. March 1, 1985 Complete des!Zn se:•re:^ _ r Areas C and E. D ccriber 1, 1935 Begin construct c of for areas C March 1, 1.986 and E. i C & D Order No. 8 0 -4- Task Comt. liance Date-- Complete construction of sewers November 1, 1986 for Areas C and E. Mite discharger shall advise the Reg=ional Board of Compliance by at least one copy of the appropriate documents no later than the date specified. Where tasks do not include completed documents (i. e. , tasks f, h, and i), written reports are due within ten (10) -working days of the compliance date. All reports shall include sufficient detail to allow determinaticn of whether satisfactory progress is being made to comply with all tens of this Order. 3. If, in the opinion of the Executive Officer, the District or City fails to comply with the provisions of this Order, the Executive Officer is directed to request the _Attorney General to take the appropriate enforcement action against the discharger, including injunction and civil monetary remedies,- if appropriate. I, KEI!11E7H R. JONES, Executive Of icer of the Regional Water Quality Control Board, Central Coast region, do hereby certify that the foregoing is a full, true, and correct copy of an Order adopted by the Regional Water Quality Control Board on Jure 12, 1981. Executive Officer 1 / 1«J <?.>1•� 1 / .M, - ,� � .i ^ illi -�\ t ��'\ �/� k � l`•Ii • ..i � r w.1� .: � cti �` • r , �' trl�< GG 777 t• IL •� ��'� • '7 � � X11 } 9 V •t `% ,�j i l w ry /r ( . JJ � it i .<c r.%./s•.�'\ - \ fit, •y/!�4.'�- in lLn <D iL it c -20 . =1 `�� `• ^J 1 �� tai 6 UJ a G. �• LD E— M E M O R A N D U M i TO: Murray Warden FROM: Larry McPherson SUBJECT: Proposed Cease and Desist Order No. 81-60 On June 12 , 1981, the Regional Board of the California Regional Water Quality Control Board will hold a hearing concerning a proposed Cease and Desist Order issued against the City and the Atascadero County Sanitation District. The hearing is in Santa Barbara and I will be planning on attending along with representatives of the Sanitation District. There are two issues cited in the order. They are : (1) The County Sanitary District must comply with Regional Board adopted waste discharge requirements by constructing additional treat- ment capacity by July 1, 1983. (2) Areas identified by the County Health Department in their survey of January through March of 1981 as failing individual on-site wastewater systems shall be connected to collector_ sewers and treated at the central wastewater treatment facility. The Board order shows that two areas identified in the survey must have collector sewers constructed by November 1, 1986. Primary reasons for the Health Department survey were to comply with a wastewater treatment construction grant requirement and in re- sponse to input by City staff requesting the Health Department to make a comprehensive survey of failing septic tank areas. The grant con- dition was tied to a requirement that a majority of the failing septic tanks identified in the survey were to be sewered prior to completion of the treatment plant expansion. In a meeting with Regional Water Quality Control staff, County Sanitation staff, and City staff, it was agreed that it was not reason- able or even remotely feasible to have sewers to various problem areas prior to plant construction completion. It was also agreed that the sewer line extensions were likely to cost more than the plant expansion and the extensions would not be grant fundable. It was the consensus of those attending the meeting that work must be started within a reasonable time to solve some of the septic failure problems. At this point, representatives of the Regional Board suggested replacing the grant condition requiring immediate construction of the collector sewers with a Local Board-order with more reasonable time frames to accomplish the needed collector system. The Cease and Desist Order attached to this memo is the result of this determination.As an i added benefit to the City, work accomplished under this order may grant fundable should Clean Water Grants survive Federal budget Cu", Concerning the first issue mentioned above , at this point it appears the County will have the plant expansion construction Pro- ject under way prior to the date mentioned in the order. In all likelyhood, if there is a delay it will be caused by the State Water Quality Control Board and there should be no difficulty in having the start date extended. Concerning the second issue of extending collector sewers to certain areas , the 5-year time limits in the order seem reasonable and only apply to two specific areas. Those are areas C and E as shown in the County Health Department Survey, a copy of which is attached to this memo. Area C is generally northeast of El Camino Real and San Jacint-- boarded by San Anselmo, Cauycos, and Tranquilla. Area E is generally northeast of El Camino Real immediately southwest of Traffic Way, boardered by Seperado, San Anselmo, Estra'11a, Yerba, Dolores and San Jacinto. In addition to sewering these two areas , the Board Order rec_71z.' 1*' - a workplan to provide sewer service to areas F, G, L and K. Thi: areas are nearAtascadero Lake and also the vicinity of Highway 61 and San Gabriel Road. This plan would be required by October 1, however no timetable for construction is in the Order. The Cease and Desist Order requirements seem reasonable espec,.: . in light of the known septic tank problems. I am confident that we can work with the Regional Board staff to resolve any scheduling or construction difficulties. As a worst case situation, if the City could not comply with tY,< conditions of the Order, then the Regional Board could envoke a re striction on building permits for specific unsewered areas within the sewer service district. This restriction would not apply to alread.v sewered areas or outside the service district. Therefore, the effect of a building moritorium on the areas identified as having septic problems within the sewer service boundries would impact a relativel;7 low percentage of buildable lots within the City. As a side issue , if the City does not assume ownership of the wastewater treatment facilities , there is some doubt as to whether t',c. Regional Board could impose those sanctions on the City. In summary, the Cease and Desist Order was seen as a method to allow a more reasonable approach to solving identified sewer collec ' er deficiencies in the Sanitation District. The proposed order allows adequate time to determine costs of the system and take the initial 0 ` � s y ° steps to form an assessment district and to apply for Clean Water Grant Funds. ZAWREMCE :McPherson LPI:vh 6-3-81 att. ING tTEM RESOLUTION NO. 31-84 • RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF ATASCADERO TO BE HELD ON NOVEMBER 6 , 1984 WITH THE STATE WIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 6 , 1984 PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE WHEREAS, the Atascadero City Council will hold a general municipal election in the City of Atascadero on November 6 , 1984 , for the purpose of the election of City Treasurer and City Clerk; and WHEREAS, it is desirable that said special municipal election be consolidated with the State Wide General Election to be held on the same date and that within the City of Atascadero the precints, polling places and election officers of the two elections be the same, and that said State Wide General election and general municipal election be held in all respects as if there were only one election. NOW, THEREFORE, THE ATASCADERO CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That pursuant to the requirements of Section 23303 of the Elections Code, the San Luis Obispo County Board of Supervisors be Weneral nd is hereby requested to consent and agree to the consolidation of a municipal election with the State Wide General Election on Tuesday, November 6, 1984 for the purpose of the election of City Clerk and City Treasurer. Section 2. The County Clerk is hereby authorized to canvass the returns of said general municipal election which it is hereby requested to consolidate with said State Wide General Election and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 3. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for the holding of said consolidated election. Section 4 . The City of Atascadero recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. Section 5. That the City Clerk of the City of Atascadero is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Clerk. •