HomeMy WebLinkAboutAgenda Packet 01/12/1993 # RKIC REVIEW COPT'
PLEASE DO NOT REM01tE
FROM
A G E N D A
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
JANUARY 12, 1993
7:00 P.M.
.This agenda is prepared and posted pursuant to the requirements o
Government Code section 54954.2. By listing a topic on this agenda,
the city council has expressed its intent to discuss and act on each
item. In addition to any action identified in the brief general
description of each item, the action that may be oaken shall
include: A referral to staff with specific requests for
information; continuance; specific direction to staff concerning the
policy or mission of the item; discontinuance of consideration;
authorization to enter into negotiations and execute agreements
pertaining to the item; adoption or approval; and, disapproval.
copies of the staff reports or other documentation relating to each
item of business referred to on the agenda are on file in the office
of the city Clerk (Room 208) and in the Information office , (Room
103), available for public inspection during city Halal business
hours. The city clerk will answer any questions regarding the
agenda.
In compliance with the Americans with Disabilities Act, if you need
special assistance to participate in a city meeting or other
services offered by this city, please contact the City Manager's
Office ((805) 461-5010) or the city clerk's office ((805)" 461-5074) .
Notification at least 48 hours prior to the meeting or time when
services are needed will assist the City staff in assuring that
reasonable arrangements can be made to provide accessibility to the
meeting or service.
RULES OF PUBLIC PARTICIPATION:
* Members of the audience may speak on any item On the agenda.
* A person may speak for five (5) minutes.
* No one may speak for a second time until every�ne wishing to
speak has had an opportunity to do so.
* No one may speak more than twice on any item.
* Council Members may question any speaker; the speaker may
respond but, after the allotted time has expired, may not
initiate further discussion.
* The floor will then be closed to public participation and
open for Council discussion.
Call to Order
Pledge of Allegiance
Roll Call
City Council Comments
COMMUNITY FORUM:
The City Council values and encourages exchange of ideas and
comments from you, the citizen. The Community Forum period is pro-
vided to receive comments from the public on matters other than
scheduled agenda items. To increase the effectiveness of Community
Forum, the following rules will be enforced:
* A maximum of 30 minutes will be allowed for Community Forum,
unless Council authorizes an extension.
* All remarks shall be addressed to Council, as a whole, and
not to any individual member thereof.
* No person shall be permitted to make slanderous, profane or
personal remarks against any elected official, commissions and
staff.
A. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informativestatus reports will be given, as felt
necessary. ) :
1. S.L.D. Council of Governments
2. S.L.O. Regional Transit Authority
3. Solid/Hazardous Waste Task Force
4. City/School Committee
5. Traffic Committee
6. County Water Advisory Board
7. Economic Round Table
8. Colony Roads Committee
9. Liability Claims Review & Finance Committee
B. CONSENT CALENDAR:
All matters listed under Item B, Consent Calendar, are consid-
ered to be routine, and will be enacted by one motion in the form
listed below. There will be no separate discussion on these items.
A member of the Council or public may, by request, have any item
removed from the Consent Calendar, which shall then be reviewed and
acted upon separately after the adoption of the Consent Calendar:
1. CITY COUNCIL MINUTES - NOVEMBER 10, 1992
2. CITY COUNCIL MINUTES - NOVEMBER 24, 1992
3. CITY TREASURER'S REPORT- D� . , 1992
4. RESOLUTION NO. 41-93 - AMENDMENT TO CONTRACT WITH NORTH COAST
ENGINEERING TO PROVIDE FOR EXPANDED ENGINEERING SERVICES
5. ACCEPTANCE OF FINALPARCELMAP 32-90, 585, 625 and 685 GARCIA
ROAD - Subdivision of three lots of 12.5` acres into four
parcels of 3. 12 acres each (Langille/Twin Cities Engineering)
2
6. RESOLUTION NO. 02-93 - ACCEPTING OBISPO ROAD INTO THE CITY-
MAINTAINED SYSTEM
7. RESOLUTION NO. 04-93 - AUTHORIZING AGREEMENT BETWEEN THE CITY
AND B & B AMUSEMENTS FOR SPECIAL EVENT TO BE HELD IN APRIL AT
PALOMA CREEK PARR
C. PUBLIC HEARINGS:
1. ORDINANCE NO. 246 - AMENDING TITLE 7 (SANITATION ORDINANCE) OF
THE MUNICIPAL CODE TO REQUIRE CONNECTION TO PUBLIC SEWER IN
"CEASE & DESIST" AREAS, WITHOUT EXCEPTION -
(Recommend ( 1) motion to waive reading- in full and read by
title only, and (2) motion to introduce on first reading by
title only)
D. REGULAR BUSINESS:
1. LETTER FROM SLOCOG REGARDING FREEWAY CALL BOXES
2. CITY HALL SPACE USE ALTERNATIVES - LOCATION FOR LOAVES &
FISHES
3. RESOLUTION NO. 03-93 - CONDITIONAL ACCEPTANCE OF PORTIONS OF
SAN MARCOS AND VISTA ROADS INTO THE CITY-MAINTAINED SYSTEM
4. ORDINANCE NO. 263 - Amending Map 17 of the Official Zoning
Maps by rezoning certain real property at 5000, 5020, 5040,
5060 Marchant Ave. from CP(FH) to CT(FH) (PD10) (ZC 92-008:
Grinnell)
(Recommend motion to adopt on second reading by title only)
E. INDIVIDUAL DETERMINATION ANDIOR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
* NOTICE: The Council will adjourn to a Closed Session
for the purpose of discussion regarding Labor
Negotiations, pursuant to Govt. Code Sec.
54957 .6. From said Closed Session, the Coun-
cil will adjourn to 6:00 p.m. on January 26,
1993, prior to the next regular meeting, for
an Open Session for purposes of mid-year
budget review.
S 3
Agenda Item: B-1
Meeting Date: 01/12/93
ATASCADERO CITY COUNCIL
NOVEMBER 10, 1992
MINUTES
The Mayor called the meeting to order at 7:00 p.m. ; Councilperson
Luna led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Kudlac, Luna
and Mayor Nimmo
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee
Raboin, City Clerk
Staff Present: Ray Windsor, City Manager; Andy Takata,
Assistant City Manager/Director of Community
Services; Henry Engen, Community Development
Director; Art Montandon, City Attorney; Mark
Joseph, Administrative Services Director; Lt.
Bill Watton, Police Department; Kelly
Heffernon, Administrative Analyst and Steve
Sylvester, Consulting Engineer
COUNCIL COMMENTS:
At Councilwoman Borgeson' s suggestion, Council directed staff to
send a letter of congratulations to newly-elected area Mayors and
members of the County Board of Supervisors.
ANNOUNCEMENT:
The City Clerk mentioned that Atascadero had been recognized by the
California Smoke-Free Cities (a partnership of the League of
California Cities, Americans for Nonsmokers ' Rights and Health
Officers Association of California) for the recent ` adoption of an
ordinance prohibiting cigarette vending machines.
COMMUNITY FORUM:
Celia Moss, 8040 Coromar, asked Council to issue a Veteran' s Day
proclamation recognizing special services being conducted at the
Vietnam Washington Memorial. There was unanimous support and staff
agreed to prepare the proclamation for signature and presentation
by the Mayor ProTem.
CC11/10/92
Page 1
000000
Eric Greening, 7365 Valle, urged all to attend and testify at the
Board of Supervisors meeting Monday, November 16, 1992 regarding
the disposition of un-allocated reserves of "State Water" . 0
Ray Jansen, 6655 Country Club Drive, commented that he had not
received a response to recommendations he presented at the last
meeting supporting an alternative route for the Highway 41
realignment. He emphasized that the matter deserves to be
addressed and challenged any proponent of the "A-Modified" Route' to
debate the issue.
A. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status were given, as follows. ) :
1. Solid/Hazardous Waste Task Force - Councilwoman Borgeson
emphasized the need for technical input and direction
from qualified staff (Public Works Director) on the Task
Force.
She reported that a Joint Powers Agreement (JPA) is being
formed and that the draft document is currently being
circulated among cities. Ms. Borgeson provided a status
report on funding, including the use of tipping fees. In
addition, she noted that Chicago Grade is approximately
$19, 000 short and noted that the Task Force will soon
make recommendations regarding this matter. Closing, Ms.
Borgeson mentioned that she will leave agendas and
minutes on the Council desk for review and encouraged
other members of Council to look over these informational
documents.
City Manager Ray Windsor added that the Mayors/Managers
group would be receiving a presentation on the JPA at
their next meeting.
2. City/School Committee - Mr. Windsor reported that the
next meeting would be Wednesday, November 18, 1992 at
1:30 p.m. in his office.
3. County Water Advisory Board - Councilwoman Borgeson
reported that the Water Board had received a report
regarding seismic safety of Lopez Lake at their last
meeting. She also mentioned that she would display the
minutes from this board' s meetings on the Council table.
4. Homeless Coalition - Councilwoman Borgeson indicated that
matters had been turned over to local churches, the
Womens' Shelter and Loaves & Fishes. She suggested that
the City may want to discontinue representation.
B. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
CC11/10/92
Page 2
000001
1. CITY COUNCIL MINUTES - OCTOBER 13, 1992
2. TENTATIVE PARCEL MAP 4-89, 7445 CORTEZ AVE. - Consideration of
time extension request (Larsen/Cuesta Engineering)
3. TENTATIVE PARCEL MAP 11-90, 8065 AMAPOA AVE. - Consideration
of time extension request (Shutt)
4. TENTATIVE PARCEL MAP 12-90, 8045 AMAPOA AVE. - Consideration
of time extension request (Shutt)
5. RESOLUTION NO. 110-92 - DESIGNATING A STOP INTERSECTION ON
NOGALES AVENUE @ FRESNO AVENUE
6. RESOLUTION NO. 111-92 - DESIGNATING A STOP INTERSECTION ON
LOBOS LANE @ NOGALES AVENUE
7. RESOLUTION NO. 112-92 - DESIGNATING A STOP INTERSECTION AT
EAST MALL & LEWIS AVENUE
8. RESOLUTION NO. 113-92 - GRANTING AN EASEMENT TO THE GAS
COMPANY ACROSS ATASCADERO CREEK ADJACENT TO EL CAMINO REAL
9. RESOLUTION NO. 114-92 - DESIGNATION OF STEVE SYLVESTER AS
ACTING CITY ENGINEER IN THE ABSENCE OF GREG LUKE
10. CAMINO REAL FASHION OUTLET ASSESSMENT DISTRICT, 2100 EL CAMINO
REAL
A. Resolution No. 115-92 - Approving proposed boundaries of
assessment district
B. Resolution No. 116-92 - Determining to undertake pro-
ceedings for improvements pursuant to special assessment
bond acts for the acquisition and/or construction of
improvements without proceedings under Division 4 of the
Streets & Highways Code
C. Resolution No. 117-92 - Appointing Bond Counsel and
Assessment Engineer
D. Resolution No. 119-92 - Indicating the City' s intent to
acquire public improvements
11. AWARD BID NO. 92-12 FOR COMBINED STREET & DRAINAGE IMPROVE-
MENTS
12. FINAL TRACT MAP 27-89, 8700, 8850, 8900 & 9000 SANTA CRUZ ROAD
Re-subdivision of four (4) lots of 30. 16 acres into eight (8)
lots of 3.77 acres each (Ryan/White)
Councilwoman Borgeson pulled Consent Calendar Items #B-9 and #B-10.
CC11/10/92
Page 3
000002
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
approve the Consent Calendar Items #B-1 through 8 and #B-
11 & 12; motion carried unanimously by roll call vote.
Re: Item #B-9 RESOLUTION NO. 114-92 - DESIGNATION OF STEVE
SYLVESTER AS ACTING CITY ENGINEER IN THE ABSENCE OF GREG LUKE
Councilwoman- Borgeson asked for clarification regarding hourly
rates and the terms of the City's existing contract with North
Coast Engineering. Henry Engen remarked that the firm was
currently working under a pre-existing contract at hourly wages
specified by that contract. He explained that an amendment to the
agreement with North Coast was being prepared and would be
presented to the Council following the leaving of the Public Works
Director, Greg Luke, on December 31, 1992.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Resolution No. 114; motion carried 5:0 by roll
call vote.
Re: Item #B-10 CAMINO REAL FASHION OUTLET ASSESSMENT DISTRICT,
2100 EL CAMINO REAL
A. Resolution No. 115-92 - Approving proposed boundaries of
assessment district
B. Resolution No. 116-92 - Determining to undertake pro-
ceedings for improvements pursuant to special assessment
bond acts for the acquisition and/or construction of
improvements without proceedings under Division 4 of the
Streets & Highways Code
C. Resolution No. 117-92 - Appointing Bond Counsel and
Assessment Engineer
D. Resolution No. 119-92 - Indicating the City' s intent to
acquire public improvements
Councilwoman Borgeson remarked that she, because of absence, had
listened to the recording of the meeting held on October 27, 1992
regarding the assessment district process. After receiving
additional clarification from staff and Mr. Cameron Weist of Haight
& Haight Attorneys-at-Law, she made the following motion:
MOTION: To approve Consent Calendar Item #B-10 adopting
Resolution Nos. 115-92. 116-92, 117-92 and 129-92; motion
seconded by Councilman Kudlac and passed unanimously by
roll call vote.
C. PUBLIC HEARINGS: NONE
i
CC11/10/92
Page 4
000003
D. REGULAR BUSINESS:
1. RESOLUTION NO. 122-92 - ADOPTING/REVISING CITY FACILITIES
USAGE POLICIES, PROCEDURES AND FEES (Cont'd from 10/13/92)
Andy Takata presented the staff report and recommendation to adopt
Resolution No. 122-92. He noted that staff was still recommending
a $5.00 across the board increase in fees even though the Parks &
Recreation Commission had not been supportive of this revision.
Brief comments followed.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
approve Resolution No. 122-92 with changes in fees as
recommended by staff. Motion carried 5:0 by roll call
vote.
2. RESOLUTION NO. 118-92 - AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH CARLOS J. REYNOSO TO PERFORM A FINANCIAL REVIEW
OF WIL-MAR DISPOSAL COMPANY
Mark Joseph presented the staff report and recommendation to
approve.
Public Comments:
Responding to inquiry from Councilman Luna, Carlos Reynoso, C.P.A. ,
explained the advantages of performing a financial evaluation
rather than a complete audit. He assured the Council that if he
found anything unusual, he would come back for further direction.
Betty Sanders, attorney representing Wil-Mar Disposal, Inc. ,
remarked that Wil-Mar was willing to cooperate with the financial
review and added that she believed it worthwhile to recommend that
Mr. Reynoso take into consideration Wil-Mar' s recent increase in
overhead costs associated with recent City-mandated pick-up.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve Resolution No. 118-92 awarding a contract to
Carlos Reynoso, C.P.A. to conduct a financial review of
Wil-Mar Disposal for an amount not to exceed $2,640.00;
motion carried unanimously by roll call vote.
3. RESOLUTION NO. 120-92 —AUTHORIZING CLOSURE OF E. MALL BETWEEN
EL CAMINO REAL & PALMA AVENUE ON WEDNESDAYS BETWEEN THE HOURS
OF 2:30 P.M. & 7:30 P.M. AND THE OCCASIONAL CLOSURE OF PALMA
BETWEEN E. & W. MALL DURING THE SAME TIME PERIOD FOR THE
FARMERS MARKET (Cont'd from 10/13/92)
Henry Engen provided brief background and explained that Resolution
No. 120-92 amended previous authority (Resolution No. 94-92) by
including the BIA as an additional insured. He also explained that
CC11/10/92
Page 5
00000,1
the School District had decided to close the Junior High at 2: 15
p.m. on Wednesday afternoons and commented that this action would
improve the traffic situation in the area.
Public Comments:
Russ Kolemaine, Box 1919 Atascadero, asked for clarification of
hours.
---End of Public Testimony---
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Resolution No. 120-92; motion carried 5:0 by roll
call vote.
4. ECONOMIC ROUND TABLE: CONSIDERATION OF REQUEST TO DESIGNATE
A PLANNING COMMISSION REPRESENTATIVE TO THE ROUND TABLE
Council concurred with the request and directed staff to seek the
names of planning commissioners who would like to serve on the
Economic Round Table.
5. EL CAMINO REAL STREET IMPROVEMENTS, EL BORDO SOUTH TO THE
STATE HOSPITAL ENTRANCE - MEDIAN LANDSCAPE CHANGE ORDER
Steve Sylvester, Acting City Engineer, provided the staff report
and recommendation. He explained that by approving Option #1, the
City Council would be authorizing revisions to the landscape plan
and construction of a raised median with interior landscaping.
This change, he pointed out, was an additive and would increase the
project cost by $9,882. 00.
Mark Joseph clarified that funding would not come from General Fund
monies but rather from developer fees and gas tax revenues. In
addition, he pointed out that Atascadero State Hospital was
contributing $150,000 towards the project. Henry Engen mentioned
that the State Hospital was requesting a raised median as part of
the project.
There were no comments from the public.
Individual Council comments followed expressing concurrence with
the recommendation.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
approve the change order with Option #1; motion carried
5:0 by roll call vote.
6. REQUEST TO SEEK SCHOOL DISTRICT ESTABLISHMENT OF A "DUSK-TO-
DAWN" CURFEW WITHIN THEIR ATASCADERO CREEK RESERVE LAND
Henry Engen presented the staff report and recommendation. Lt.
Watton substantiated the problems occurring in the creek and spoke
CC11/10/92
Page 6
000005
in favor of the proposed curfew.
Public Comments:
Steve LaSalle, representing the Atascadero Historical Society, read
a letter of support (see Exhibit A) .
---End of Public Testimony---
By consensus, staff was directed to forward a written request to
the Atascadero Unified School District for a "dusk to dawn" curfew
on the creek.
7. APPROVAL FOR USE OF PALOMA CREEK PARK BY B ' & B AMUSEMENT
COMPANY FOR A FOUR-DAY CARNIVAL, APRIL 8-11, 1993
Andy Takata provided the report and outlined three recommenda-
tions: ( 1) Approval of the use of Paloma Creek Park for a co-
sponsored fund-raiser, (2) Direction to staff to negotiate the
necessary agreement and (3) Authorization to grant to United
Lutheran Church a waiver for a facility usage fee to allow them to
use the Pavilion for Easter services.
Councilman Luna asked the City Attorney if the fee waiver proposed
in Recommendation #3 was constitutional. Mr. Montandon indicated
that he would look into the matter. Andy Takata indicated that
Sean Merten, B&B Amusement Company, who was present was willing to
pay the usage fees in an effort to solve the dilemma.
Councilman Kudlac suggested that operation hours be extended from
10: 00 p.m. to 12:00 midnight on Friday, April 11th.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve staff recommendations #1 and #2; motion carried
unanimously.
8. RESOLUTION NO. 121-92 - CONSIDERATION OF REQUEST TO PARTICI-
PATE IN A RECYCLING MARKET DEVELOPMENT ZONE
Kelly Heffernon reported that Council approval of the proposed
resolution would not create any financial commitment but rather
would pledge support of a County application to the California
Integrated Waste Management Board to establish a Central Coast
Recycling Market Development Zone. It was noted that the real
benefit would be a decrease in costs incurred for exporting
recyclable materials.
Public Comment:
Mary Wittlesey, County Recycling Coordinator, spoke in support of
the resolution and explained that the proposed Joint Powers
Agreement would act as an "umbrella" to facilitate the market zone.
Cities, she added, would not be obligated fiscally unless the City
CC11/10/92
Page 7
000006
became a full participant.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Resolution No. 121-92; motion carried unanimously
by roll call vote.
9 - CONFTRM MEETING -DATES THROUGH-THE-END OF THE YEAR
The Council agreed to meet for one session only during the month of
December. There was additional consensus to meet at 6:00 p.m. on
the evening of December 8, 1992 in a study session regarding the
Draft Source Reduction & Recycling Element before meeting in
regular session at 7:00 p.m.
E. INDIVIDUAL DETERMINATION ANDIOR ACTION:
1. City Treasurer
Micki Korba provided a status report on the Tax & Revenue
Anticipation Notes sold. The total loan, she reported, would
amount to $1,997,700 at a 3.6% net re-offering yield with notes
maturing on November 18, 1993.
THE MEETING WAS ADJOURNED AT 8:44 P.M. THE NEXT MEETING OF THE
CITY COUNCIL WILL BE NOVEMBER 24, 1992 AT 7:00 P.M.
MINUTES ORDE D PREPARED BY:
LEE OIN, Ci Clerk
Attachment: Exhibit A (Atascadero Historical Society)
CC11/10/92
Page 8
00000'7
CC11/10/92
EXHIBIT "A"�
_' Atascadero Historical Society
l ,
Post Office Box 1047
Atascadero, California 93423
Phone (805)466-8341
H
11V� =;;lid, ri A Non-Profit Corporation
ADMINISTRATION BUILDING
CALIFORNIA STATE HISTORICAL LANDMARK NUMBER 856
LISTED IN NATIONAL REGISTRY OF HISTORICAL PLACES
October 10, 1992
Atascadero City Council
City of Atascadero
6500 Palma Ave.
Mr. Mayor and City Council Members:
At the Atascadero Historical Society board meeting of October 2, 1992, the
board decided to post the property it has leased from the School District.
This would include the creek area as well as the rose garden.
The Society has suffered a loss of well over $2000 of damage to its
property through vandalism. The board of the Atascadero Historical Society
unanimously and enthusiastically asks for your support in closing to the
public from dusk to dawn the property leased by the Society. Such action
would help curtail the criminal drug activity generated by the bowling alley
and the vandalism. It would also reduce the risk of liability.
We ask that the City specify the exact wording on the signs so that they
may enforce the no trespassing laws by giving police the right to stop and
question trespassers.
Sincerely,
Norman Ruskovich
President, AHS
Historical Society Museum
LOWER ROTUNDA. ADMINISTRATION BUILDING
6500 PALMA AVENUE, ATASCADERO
0006,08
Agenda Item: B-2
Meeting Date: 01/12/93
ATASCADERO CITY COUNCIL
NOVEMBER 24, 1992
MINUTES
The Mayor called the meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Rudlae, Luna
and Mayor Nimmo
Absent None
Also Present: Muriel "Micki", Rorba, City Treasurer and Lee
Raboin, City Clerk
Staff Present: Ray Windsor, City Manager; Andy Takata,
Assistant City Manager/Director of Community
Services; Henry Engen, Community Development
• Director; Art Montandon, City Attorney; Mark
Joseph, Administrative Services Director; Greg
Luke, Public Works Director; Bud. McHale,
Police Chief; Doug Davidson, Senior Planner
and David Foote, Consultant
PROCLAMATION•
Mayor Nimmo read the- proclamation for "Home Care.Week", November 29
- December 5, 1992.
COMMUNITY FORUM:
Eric Greening, 7365 Valle, encouraged all to become familiar with
the information presented to the Board of Supervisors earlier in
the day relating to a reliability study on Nacimiento water. He
noted that the information was available in the public library
under Item #B-17 in the Board of Supervisors agenda packet for
11/24/92.
John Falkenstein, 4600 Castano, inquired about tree protection
plans for the bridge replacement projects on San Andres and Graves
Creek. He mentioned that he had not seen any fencing around trees
on those sites. Greg Luke, Public Works Director, reported that
his department was arduously following the City' s tree ordinance
and Council approved tree protection plans. He informed the
• speaker that there was no need. for fencing at the two bridge sites
CC11/24/92
Page- 1
because there were no drip systems to intrude upon. •
A. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports were given, as
follows. ) :
1. S.L.O. Council of Governments (COG) - Mayor Nimmo
reported on the meeting of November 18, 1992. He stated
that the principal subject of discussion was changes in
priorities of Proposition 116 projects and added that COG
voted to stay with those previously selected.
2. City/School Committee - The City Manager provided a
report on the committee' s meeting held earlier that day
at which time language on signage relating to a "Dusk-to-
Dawn Curfew" for the Atascadero Creek area was discussed
at length. Mr. Windsor asked Council for preference
and/or direction..
Councilwoman Borgeson reported that the attorney for the
School District was looking into the matter and the Mayor
suggested any decision be deferred to give staff the same
opportunity. By mutual consent, this was so ordered.
3. Economic Round Table - Andy Takata reported on the
meeting held November 18, 1992. He stated that Jonni
Eylar, Executive Director of the Visitors and Conference •
Bureau, had spoken in support of tourism promotion. In
addition, Richard Shannon provided a status report on the
Fashion. Outlet and Dave Vega spoke regarding City
identification signs.
9. Finance Committee - Councilman. Luna indicated that the
committee had met and were presently working on
projecting cash flow and looking at ways to increase
revenues.
B CONSENT CALENDAR:
Mayor Nimmo read the Consent Calendar, as follows:
L. CITY COUNCIL. MINUTES= - OCTOBER 27-, 1992
2.. TREASURER'S REPORT` - OCTOBER, 1992
3. RESOLUTION NO. 109-92 - DESIGNATING A. NO PARKING ZONE' Olt SAN
ANDRES AVE. BEHIND THE HIGH: SCHOOL.
4. RESOLUTION NO. 123-92: - AUTHORIZE THE-MAYOR TO EXECUTE. PROGRAM
CC11/24/921
Page- 2. •
SUPPLEMENTS FOR THE SAN ANDRES BRIDGE AND THE GRAVES CREEK
• BRIDGE CONTRACTS
5. RESOLUTION NO. 124-92 - DESIGNATING A STOP INTERSECTION ON
LEWIS AVENUE @ EAST MALL
6. TENTATIVE PARCEL MAP 13-90, 6655 TECORIDA - Consideration of
request for time extension (Borba/Cuesta Engineering)
7 .- AWARD BID #92-15 FOR SANTA ROSA ROAD SEWER PROJECT
Councilman Bewley pulled Item #B-3. Councilwoman Borgeson asked
that Item 0-6 be removed for further explanation:.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Consent Calendar Items #B-1, 2, 4, 5, & 7; motion
carried 5:0 by roll call vote..
Re:. Item #B-3. RESOLUTION NO. 109-92 - DESIGNATING A NO PARKING
ZONE ON SAN ANDRES AVE. BEHIND THE HIGH SCHOOL.
Councilman Bewley noted that the signs were already posted and
wondered why Council was now being asked to approve the item. He
indicated that he would be in favor of allowing parking in this
area during baseball games.
The Mayor criticized staff for posting the signs before Council had
• given formal authority by resolution. By mutual consent, Council
continued the matter and referred the matter back to the Traffic
Committee with direction to confer with Don Clickard at Atascadero
High School.
Re: Item #B-6. TENTATIVE PARCEL MAP 13-90, 6655 TECORIDA
Consideration of request for time extension (Borba/Cuesta
Engineering)
Councilwoman Borgeson remarked that many projects are taking a long
time to complete and expressed concern regarding how this may
affect the City financially. She questioned whether or not the
reason for the extension request was valid and asked staff if any
fees had been collected for this project in 1990 when the map was
approved. Henry Engen responded that fees are not collected until
the building permit is taken out..
MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley
to approve the request for a one-year time extension;
motion carried. unanimously.
CC11/24/92_
• Page 3
C. PUBLIC HEARINGS:
1. "AUTO MALL/RV PARK" GENERAL PLAN/ZONING AMENDMENT, 905 EL •
CAMINO REAL
A. Certification of Final EIR & Addendum
B. Resolution No. 56-92 - Approving an amendment to the Land
Use Map and text of the General Plan (GPA 2A-91)
C. Ordinance No. 249 - Amending Map 4 of the Official Zoning
Maps by rezoning certain real property at 905 E1 Camino
Real from CT, RS(FH) , and L(FH) (Commercial Tourist,
Residential Suburban, Recreation, Flood Hazard Overlays)
to CPK and L (PD9) (FH) (Commercial Park and Recreation,
Planned Development Overlay No. 9 and Flood Hazard
Overlay) (ZC 02-91: Daven Investments)
(Recommend ( 1) motion to waive reading in full and read by
title only, and (2) motion to introduce on first reading by
title only)
Henry Engen provided the staff report and background for the
request to change the land use designation at 905 El Camino Real,
a site known to many as the "Rochelle Property He emphasized
that a proposed use was not before the Council and explained that
the hearing was being held to consider certification of the
Supplemental Final Environmental Impact Report (EIR) and Addendum
prepared in conjunction with an application for a general plan •
amendment and zone change. Mr. Engen noted that approval would
require adoption of Resolution No. 56-92 and Ordinance No. 249 in
addition to certifying the EIR.
Councilman Luna asked how the City could certify an EIR without
looking at a specific project. David Foote, representing SEDES -
the EIR consultant, advised that the recommended mitigation
measures would apply to any project proposed for the site under the
requested planned development overlay. Mr. Engen added that staff
believes the suggested land use mix to be preferable than the
current Single-Family Residential (RS) land use designation.
Councilwoman Borgeson shared concerns relating to air quality,
water availability, effluent disposal and archeological
significance. In addition, she asked staff what other types of
uses might be appropriate for the property. Doug Davidson
displayed graphs depicting General Fund Revenue versus Expenditures
for two types of uses: a proposed auto mall/recreational vehicle
park (RV) and a building materials and farm equipment business. He
added that any commercial project would result in a nett financial
benefit to the City and remarked that there would be ample
opportunity for public input once a precise master plan and
specific application for a conditional use permit was prepared. and
CCI1/24/92_
Page4 •
brought before the Planning Commission.
• Councilman Luna inquired whether or not the proposed RV park would
provide the City with credit towards the State-mandated supply of
affordable housing. Mr. Davidson responded that it would not; he
noted, however, that the park could serve as emergency housing.
Public Comments:
Guy Greene, representing the applicant, spoke in support of the
request. He stated that his clients own the property free and
clear and could presently build fourteen residential homes there if
they chose to do that. Mr. Greene asserted that the proposal was
better than what could be done with the existing zoning and re-
emphasized that a proposed project would come before the Planning
Commission and City Council for approval of specific conditions.
Eric. Greening, 7365 Valle, asked a number of questions, including
what steps will be necessary if the zone change is approved, will
all nearby property owners be notified and what recourse of appeal
will be available to citizens in opposition. He advised the
Council to proceed with extreme caution.
Joan Denslow, Templeton resident, read a prepared statement
opposing the request (see Exhibit A) ..
A representative of Cosmic Astro Corporation, property owners and
. applicants, asserted that his company has looked to the City for
zoning guidance and added that it was City leaders who had
encouraged pursuit of the auto mall/RV park concept. He remarked
that if the community does not want the zone change, then the land
can simply remain as presently zoned and his firm could move
forward with the RV park.
Bill Mazzacane, Executive Director of the Atascadero Chamber of
Commerce, reported that the Chamber supports appropriate zoning for
this large piece of property and encourages commercial development
on the site.-
Russ Kolemaine, Box 1919, spoke in favor of the zone change and
urged approval.
---End of Public Testimony--
Doug Davidson responded to additional questions from Council and
provided an overview of. the steps that would follow if the: request.
was granted. In addition, he- noted that negotiations regarding
water supply were continuing with Atascadero Mutual Water Company
and confirmed that the proposed auto mall and RV park would be
processed as two separate project; the applicant, he added, could
CC11/24/92
• page; S
pursue the RV park with the present zoning in place.
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to •
certify the Final EIR and Addendum as an adequate
document under the provisions of the California
Environmental Quality Act (CEQA) , including a statement
of overriding considerations for adverse environmental
impacts; motion carried. 3:2 (Councilmembers Borgeson and
Luna opposing) .
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to
adopt Resolution No. 56-92 approving General Plan
Amendment 2A-91; motion carried 3:2 (Councilmembers
Borgeson and Luna opposing) .
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to
waive the reading of Ordinance No. 249 in full and
introduce on first reading, motion carried 3:2
(Councilmembers Borgeson and Luna opposing) .
2. REQUEST TO EXTEND THE BOUNDARY OF THE URBAN SERVICES. LINE,
WEST OF HIGHWAY 101 AND PRIMARILY NORTH OF DEL RIO ROAD
(Hemingway)
A. GPA 92-003 is recommended for denial
Henry Engen provided the staff report. He explained that analysis •
of the request led to the conclusion that an EIR would be necessary
to evaluate potential impacts and revealed that Mr.. & Mrs. Dell
Hemingway, property owners, chose not to comply. The
recommendation, he concluded was to deny the request.
Responding to inquiry from Councilman Luna, Mr. Engen commented
that the owners would be responsible for the cost associated with.
preparing an EIR.
Public Comments:
Annie Hemingway, applicant, read a prepared statement (see Exhibit
B) and proclaimed that Mr. Engen was not an expert on whether there
was a need for an EIR.
Mayor Nimmo asked Mr. &- Mrs. Hemingway if they were aware their
property was not within the Urban Services Line (USL) when they
acquired the land. The applicants indicated they had.
Dan Knudson and Guy Malone, San Ramon Road residents, indivi-dually
spoke in opposition to the request.
---End of Public Testimony--
CC11/24/92
Page 6 •
Councilman Bewley asked the City Attorney if the Council was
• legally obligated to include the subject property within the USL.
Art Montandon advised that it was not. He clarified that the
Council was being asked to make a legislative decision which would
not result in the downgrading of property nor the taking of
property. He further confirmed that denial was allowed by CEQA
because of the fact that the applicants were not willing to prepare
an EIR.
Lengthy discussion ensued regarding possible uses of the property
as zoned. Councilman Luna read the list of allowable uses and
asserted that the owners had numerous choices. Councilwoman
Borgeson disagreed and commented that many of the uses listed would
not be appropriate for the acreage.
MOTION: By Councilman Luna, seconded Councilman Bewley to deny
General Plan Amendment No. 92-003 in accordance with the
Planning Commission' s recommendation; motion carried 5:0
by roll call vote.
The Mayor called a recess at 8:55 P.M. At approximately 9:10 p.m.
the meeting resumed.
3. GENERAL PLAN & ZONING AMENDMENT, 5000, 5020, 5040 & 5060
MARCHANT AVE.
A. Resolution No. 99-92 - Approving an amendment to the Land
• Use Map of the Land Use Element of the City' s General
Plan (GPA 92-002)
B. Ordinance No. 263 - Amending Map 17 of the Official
Zoning Maps by rezoning certain real property at 5000,
5020, 5040, 5060 Marchant Ave. from CP(FH) to CT(FH)
(PD10) (ZC 92-008: Grinnell)
(Recommend (1) motion to waive reading in full and read by
title only, and (2) motion to introduce on first reading by
title only)
Henry Engen reported that the applicant, James Grinnell, had
requested that the matter be postponed due to the fact that the
Planning Commission Minutes Excerpt of October 10, 1992 in the
agenda packet did not. include a relevant exhibit..
There were no questions or comments from the Council or public.
MOTION: By Councilman Kudlac, seconded. by Councilman Luna to
continue the hearing until December 8, 1992 motion passed
unanimously.
4. LAKEVIEW DRIVEN CITY-OWNED PARCELS - General Plan/Zoning
CC11/24/92:
0
Page 7
Amendment
A. Resolution No. 97-92 - Approving an amendment to the Land •
Use Map of the Land Use Element of the City's General
Plan (GPA 92-001)
B. Ordinance No. 264 - Amending Map 22 of the Official
Zoning Maps by rezoning certain City-owned real property
along Lakeview Drive (ZC 92-011: City of Atascadero)
(Recommend ( 1) motion to waive reading in full and read by
title only, and (2) motion to introduce on first reading by
title only)
Mr. Engen presented the staff report and recommendations to
approve. He noted that a City-owned lot on Santa Rosa Road was an
exception to this request to designate existing Residential
property for Recreation. The City Manager added that the prior
Council had authorized negotiations for certain lots to exchange
for the one on Santa Rosa.
There were no comments from the Council or public.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
adopt Resolution No. 97-92 approving General Plan
Amendment 92-001; motion carried unanimously.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
waive the reading of Ordinance No. 264 in full and •
introduce on first reading; motion passed 5:0 by roll
call vote.
S. SAN BENITO SCHOOL.. BLOCK, 4500 DEL RIO ROAD - Public to
Suburban Single-Family General Plan/Zoning Amendment
A. Resolution No. 100-92 - Approving an amendment to the
Land Use Map of the Land Use Element of the City' s
General Plan (GPA 92-004)
B. Ordinance No. 262 - Amending Map 5 of the Official Zoning
Maps by rezoning certain real property at 4500 Del Rio
Road from Public (P) to Residential Suburban (RS) (ZC 92-
010: City of Atascadero)
(Recommend (1) motion to waive: reading in full and read by
title only, and (2) motion to introduce on first reading by
title only)
Henry Engen provided background information and recommendation to
approve. He explained that the School District had no opposition
and had noted that they would not need the corner lot as previously
understood.
CC11/24/92_
Page. 8 •
There were no comments from the Council or public.
• MOTION: By Councilman Kudlac, seconded by Councilman Luna to
adopt Resolution No. 100-92 approving General Plan
Amendment 92-004; motion carried unanimously.
MOTION: By Councilman Kudlac, seconded by Councilman Luna to
waive the reading of Ordinance No. 262 in full and
introduce on first reading; motion passed 5: 0 by roll
call vote.
D. REGULAR BUSINESS•
1. RESOLUTION NO. 125-92 - APPROVING AND AUTHORIZING THE EXECU-
TION OF A CONTRACT TO PROVIDE DIAL-A-RIDE TRANSIT SERVICES TO
THE TEMPLETON COMMUNITY SERVICES DISTRICT
Greg Luke provided the staff report and explained how costs would
be reimbursed. His recommendation was to approve Resolution No.
125-92 with the stipulation that Atascadero would service Templeton
for a trial period of six months.
Individual comments and concerns were shared. Councilman Kudlac
voiced concern for Atascadero riders who were already suffering
from poor service and indicated that he could not support the
matter. Mayor Nimmo remarked that while he did have some
• reservations, he was inclined to go along with the proposal for the
suggested six-month trial period.
Public Comments:
Eric Greening asked staff and the Council to look carefully at
scheduling the added service and encouraged continued adequate
service to Atascadero. In addition, he urged the targeting of TDA
(Transit Development Act) funds.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Resolution No. 125-92 approving the Templeton Dial-
A-Ride service contract for a period of six months with
the County and authorizing the Mayor to sign on behalf of
the City; motion carried 4:1 (Councilman Luna opposing) .
2. ROUTE- 41/ROUTE 101/TRAFFIC WAY INTERCHANGE: IMPROVEMENT PROJECT'
STUDY REPORT
Greg Luke provided the staff report and recommendation to direct
staff to prepare the necessary agreements with COG to participate
CC11/24/92
• Page- 9 - a
in the cost of preparing a Project Study Report of the Highway
41/Highway 101 interchange. •
Councilman Luna indicated that he would support the study because
it needs to be done but explained that he was opposed to the
"piece-meal" way in which this intersection was being addressed.
The study, he asserted, should have been done as part of the EIR
for the Highway 41 realignment project.
Councilwoman Borgeson agreed and exclaimed that the Council should
let Caltrans know that the study will be done and improvements will
be expected to be made concurrently with construction of the
Highway 41 extension. Councilman Luna concurred and added that it
must be clear to Caltrans that the improvements to the intersection
must not be delayed. Mayor Nimmo mentioned that approving the
study would send such a message. Caltrans, he added, has not been
willing to study the intersection themselves.
MOTION: By Councilman Kudlae, seconded by Councilman Luna to
direct staff to prepare the necessary agreements with COG
to participate in a Project Study Report of the Route
41/Route 101/Traffic Way interchange on a 50-50 cost
split; and further, to encumber $25,000 for this study
from STP funds when they are made available to the City;
motion carried unanimously by roll call vote.
E. INDIVIDUAL DETERMINATION AND/OR ACTION: •
1. City Council
Councilman. Bewley suggested that if staff becomes aware that an
item is going to be continued to let the Mayor know so that it can
be announced before the meeting.
Councilman Luna proposed the use of a reader-board to illustrate
for the public where on the agenda the Council is and what the
disposition was for items already addressed.
2. City Attorney
At Councilwoman Borgeson' s- request, the City Attorney reported that
the Council had directed him to dismiss litigation concerning Mike
Bewsey and Michael Hawkins.
3. City Clerk
Lee Raboin reported that she would be attending the City Clerk' s
Department. New Law and Election Seminar in San Diego December 2-5,
1992.
CC11/24/92-
Page 10
4. City Manager
Ray Windsor reminded all of the Friends of the Pavilion ceremony
scheduled for Thursday, December 3, 1992 at 12:00 p.m. and
encouraged attendance.
BY COUNCIL CONSENSUS, THE MEETING WAS ADJOURNED AT 9:55 P.M. THE
CITY COUNCIL WILL MEET IN A STUDY SESSION REGARDING THE SOURCE
REDUCTION AND RECYCLING ELEMENT AT 6:00 P.M. ON TUESDAY, DECEMBER
8, 1992 AT 6:00 P.M. THE REGULAR MEETING WILL BEGIN ON THAT DATE
AT 7:00 P.M.
MINUiR--ROIN,
ZD PREPARED BY:
11
LEEerk
Attachments: Exhibit A (Denslow)
Exhibit B (Hemingway)
CC11/2.4192
• Page- 11.
CC11/24/92
EXHIBIT "A"
{a .
Joan Elizabeth- Denslow
Route 1 , Box 93
Templeton , CA 93465 •
A
To : The Atascadero City Council
Lood evening mayor, council members , staff and members of
the public.
tIn June , o"n1y five months ago, this council denied the EIR on
this property because the overwhelming problems of no water uaranteeD
in addition to thus-far insurmountable public safety
or sewage hookup
problems such as city liability for wrongful death or injury due to
%M6XXXXK1KX1tKXXKXX11K placing a public attraction next to a. railroad
tract.. Those problems have ,.. once again , not been addressed in this
latest effort by the property owner to;'change zoning and get an
EIR approved.
In addition , the latest white elephant plan calls for more
limiting zoning that would entirely do away with Suburban Single
Family Residential . As I understand it, that w-ou.ld compTetely rules.
out an home or homes on the land.
Slw •�2.--5�Aht1c.
eCil ��Ps Cee Ta�idi�.q /UL J.�'"i.�`f-c�' � }`/aa
LQu.it& frankly, council members , this latest effort was purely
mounted in- order to take- advantage- of new, council amoi5 and
for-. one,. hope that the new members will look hard and. Tong and IM
wo
then vote, along witb th othe members, a resounding N0 on
lte` 4N dN
A � 1h2�
r5pc is. proper y until a feasible plan with- adequate
water provided by th& AigopW city of Atascadero and not / lready
burdened Sa,l i nas- River basis__,\
�et the owner come fl forth wi thea slr;- sewage pl an
that guarantees no four-acre ponds next to a� flood. p.lairr,. let
the 4 owne W come forward, with a pl anStha.t d eQ of errdange-r
the- publ i c. hunters in the riverbed-,�nd a p an tha=t protects
the: often-unwary public from harm by a speeding locomotive
Please say no un-til the. questions are answered and plea-se 3
demand from the Ai property owner a_ promise- to stop wasting the
city staff ' s time with a plan that has no answers . •
LBe unanimouse on this council menbers so that your time and
the public ' s time isnot being wasted by a 4OW -It ' s the- wrong
zoning X change at the wrong location j. /W
T4. -
l5 Q
CC11/24/92 _ 3
EXHIBIT "B"
Page 1 - 1992
• SCE
Atascadero City Council Meeting
November 24, 1992
In our meeting with the Planning Commission on November 3, 1992,
the Community Development Department had already decided to
recommend denial before we ever had the meeting. Naturally, the
Planning Commission went along with their recommendation.
It is apparent to us that the Atascadero Planning Commission is
set on "no growth" for the northwest corner of Del Rio Road and
Highway 101. You see where "no growth" has gotten the County of
San Luis Obispo. They are on the brink of bankruptcy. A 100
room motel on our property can bring in up to $900.00 a night in
bed tax, broaden the tax base, employ many people, and increase
the income at the gas stations and restaurants. It could
definitely be a plus for the City.
Another "no growther, "' one of the neighbors, said that the
property should be kept for the small animals and deer. I say
the small animals and deer belong in the country, not in the City
limits. The City is for people and buildings.
In the Staff Report of October 20, 1992, it is stated, and I
quote:
The sewer master plan for the north end of town should
be completed prior to any changes in the Urban Services
Line. As the following section shows, the Sewer Master
plan should be the main focus of an Environmental
Impact Report which also addresses the land use
implications of- expanding the sewer service area.
As you can see, it is the City who needs an EIR, not us. The
City just wants us to pay for what they are responsible for.
Besides, it makes no sense for us to get an EIR until there is a
specific project for the property.
In Greg Luke's memorandum of August 13, 1992, he states:
If we plan for & larger area we should be able to
actually reduce the number of pump stations by placing
one or two larger, regional pump stations at proper
locations. We could then abandon some of our localized
stations. In addition, we may be able to reduce the.
load, on the main pump station at the Corporation Yard.
This would forestall an upgrade at that facility which
would be necessary soon to accommodate the increased.
flows from the north end of town. As we discussed, the
area of Del Rio Road west of the freeway could be
designated. as. 'Phase L' of the regional plan. This:
CC11/24/92
EXHIBIT "B"
Page 2
would allow the GPA amendment to proceed in a timely •
fashion. In addition, everyone would know that the
facilities being built are compatible with a
comprehensive regional program.
Mr. Luke points out that to build the sewer to the west side of
the freeway could actually save the City some money. We have not
asked the City to build the sewer line. We would expect that
from the developer who buys our property.
The City of Atascadero has confiscated our property! The
property is up for sale now. If we have to sell it to someone
who can only put in a business with a septic system, then we
would probably only get somewhere around $300, 000. If we can get
sewer, then we can sell it to a developer for a motel, bringing
in around $900, 000 to $1 million dollars. As you can see, you
are definitely getting into our pocketbooks.. And we don't like
it!,
We see no reason for our being tied to the San Ramon Land Co.
They are not even Commercial Tourist.
We have hired an attorney to sue the City of Atascadero if
necessary. We will not give up. We will take our case to
Sacramento or even to the Supreme Court, if that is what it
takes! If we go to Sacramento, we will make them aware of the
terrible condition of the entire sewer system in the city. It
really could become costly to the City then.
Dell Hemingway Annie Hemingway
•
MEETING AGENDA
HATE J,/J� ITEM/ B-3
CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH ENDING NOVEMBER 1992
l
TABLE I: SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS
1992 1091
Beginning Cash Balance 3.794.903.52 5,920,725. 15
Plus: Cash Receipts 581.022.85 675,855.00
Plus: Tran Receipts 1.997,700.00 0.00
Less: Disbursements (1,332.520.45) (1 ,268,787.33)
-------------- --------------
Ending Cash Balance 5,041, 105.92 5,327,792.82
Plus: Outstanding Transactions 387,992.10 216.816.51
-------------- -------------
Adjusted Cash Balance 5.429.098.02 5,544.609.33
f
TABLE II: SCHEDULE OF INVESTMENTS
----------------------------------------------------------------------------------
Interest Interest Interest
Name Amount Rate For Month Yr-to-Date
----------------------------------------------------------------------------------
Orange County Invest . Pool 5. 187,907.51 8.88% 0.00 108.659.23
L.A. I .F. 4. 180.23 4.65% 0.00 12.473.2
j Mid State Bank 236.060.28 2.74% 682.60 3,716.44
Petty Cash 950.00 N/A N/A N/A
TOTAL: 5.429.098 02 682.60 124,848 89
Key: N/A (Not Applicable)
L.A. I .F Interest Paid Quarterly
Orange County Investment Pool Interest Paid Quarterly
I certify that this report reflects all Governmental Agency pooled
investments and is in conformity with the Investment Policy of
the City of Atascadero as stated in Resolution No. 109-91 dated
12/10/91 . A copy of this Resolution is available at the Office
of the City Clerk. The Investment Program herein shown provides
sufficient cash flow liquidity to meet next month's estimated
expenditures.
1' ��
SIGNED: 2rmU /
1 Muriel Korba, City Treasurer
000010
TREASURER'S REPORT FOR THE PERIOD ENDING NOVEMBER 30, 1992
TABLE III : SCHEDULE OF CURRENT MONTH ACTIVITY/PRIOR YEAR VARIANCES
NOVEMBER CURRENT PRIOR
DESCRIPTION 1992 YR-TO-DATE YR-TO-DATE VARIANCE
REVENUE
Property Taxes 158,091 268,324 220, 190. 21.9%
1 Sales Tax 1661,300 678,468 642,075 5.70AI
Bed Tax 0 30,811 32,439 -5.0%
Prop. Transfer Tax 6,536 14,408 11 ,048 30.4%
j Franchise Fees 6.756 25,803 23,309 10.7%
Special Assessments 6,863 7, 163 4,686 52.91%
Business Licenses 1 ,365 17,663 17, 194 2.7%
Building Permits 23,351 70, 111 122,301 -42.7%
Motor Vehicle Tax 57,270 331,264 346,580 -4.4%
Other State In-Lieu 8,491 11 ,446 8,423 35.9%
.1 Gas Tax Receipts34,431 146,620 156,705 -6.4%
TDA Receipts 48,000 121 .354 110,692 9.6%
Other Intergov'al 11 ,507 85,953 145,698 -41 .0%
Recreation Fees 19.909 138.097 155,488 -11 .2%
Zoo Admissions 7,335 46.949 32, 117 46.2%
Planning Fees 5, 137 58,066 56.953 2.0%
Wastewater Fees 45,032 82,546 53.013 55.7%
Development Fees 28,532 94,860 190.368 -50.2%
Dial-A-Ride Fares 2.491 14,696 12.532 17.3%
} Police Services 623 3.205 2,761 16. 10,".
Weed Abatement 2.462 2,572 2,276 13.0%
Other Fees/Charges 188 1 ,455 271 437.6%
Fines & Forfeits 6,680 15, 106 16,497 -8.4%
Interest Earnings 557 3,444 150,907 -97.7%
Other Rents/Cty.Crews 2.422 22,016 10,535 109.0%
} Proceeds from Sales 0 0 0 N/A
Miscellaneous 143 8,617 12,909 -33.2%
---------------------------------------------
TOTALS 650,472 2,301,018 2,537,965 -9.3%
EXPENDITURES
j General Gov't 38,614 112,012 119, 39 -6.4%
Police 171 ,393 806,415 835,5537 -3.5%
Fire 80,240 422.978 462,538 -8.6%
Public works/Eng. 24,246 85, 192 166, 195 -48.7%
Wastewater 73,799 240,874 228,676 5.3%
Dial-A-Ride 43,556 106,538 81 .617 30.5%
Community Development 41 ,736 256. 112 321 ,469 -20.3%
Recreation 31 .070 207, 135 280,826 -26.2%
Parks & Bldg. Maint 45,576 226,492 269,372 -15.9%
Zoo 17,822 83,692 85,936 -2.60%
Streets 39,841 212.800 2021,070 5.3%
Admin. Services 31 ,701 317,553 371.362 -14.5%
Non-Departmental 27,386 148,360 214,452 -30.8%
Major Capital 387,816 1 .028. 572 682.626 50.7 `
Debt Service/Trust 29,933 861 ,472 132,891 548. 30
---------------------------------------------
TOTALS 1,084,730 5, 116, 195 4,455,206 14.8%
NET SURPLUS/(DEFICIT) (434,258) (2.875, 777) ( 1 ,917,241 ) 46.8%
000011
TREASURER'S REPORT FOR THE PERIOD ENDING NOVEMBER 30, 1992
TABLE IV. BUDGET-TO-ACTUAL REPORT: CURRENT AND PRIOR YEARS
CURRENT CURRENT COLL/ - PRIOR PRIOR COLL/
DESCRIPTION BUDGET YR-TO-DATE SPENT BUDGET YR-TO-DATE SPENT
------------
REVENUES
Property Taxes 2,456,500 268,324 10.9% 2,306,500 220, 190 9.5%
1 Sales Tax 1 ,850,000 678,468 36.7% 1 ,720,000 642,075 37.3%
Bed Tax 110,000 30,811 28.0% 105,000 32,439 30.9%
Prop. Transfer Tax 50,000 14,408 28.8% 35,000 11.048 31 .6%
Franchise Fees 405.000 25,803 6.4% 380,000 23,309 6. 1%
Special Assessments 151 ,753 7, 163 4.7% 151 ,753 4.686 3. 1%
Business Licenses 110,000 17.663 16. 1% 110,000 17, 194 15.6%
Building Permits 306,000 70, 111 22.9% 225,000 122,301 54.4%
Motor Vehicle Tax 850,000 331,264 39.0% 800,000 346,580 43.3%
Other State In-Lieu 61 ,000 11 ,446 18.8% 75,700 8,423 11 . 1%
1 Gas Tax Receipts 419,500 146,620 35.0% 416, 162 156,705 37.7%
TDA Receipts 367,300 121,354 33.0% 417,917 110.692 26.5%
Other Intergov'al 295,000 85.953 29. 10 632,400 145,695 23.0%
} Recreation Fees 379,470 138.097 36.4% 4`19,550 155 ,488 37. 1%
Zoo Admissions 120,500 46,949 39.0% 72,500 32, 117 44.3%
Planning Fees 174,400 58.066 33.3% 178,923 56,953 31 .8%
Wastewater Fees 690,200 82.546 12.0% 690,200 53,013 7.7%
Development Fees 257,000 94,860 36.9% 717,000 190,368 26.6%
Dial-A-Ride Fares 35,000 14,696 42.0% 36,000 12,532 34.8%
1 Police Services 6,500 3,205 49.3% 6, 100 2,761 45. 3%
Weed Abatement 40,000 2,572 6.4% 40,000 2.276 5 .7%
Other Fees/Charges 4,000 1 .455 36.4% 57.650 271 0.5%
Fines & Forfeits 60,900 15, 106 24.8% 82.050 16,497 20. 1%
Interest Earnings 442,400 3.444 0.8% 392,920 150,907 38.4%
Rentals 48,600 22,016 45.3% 21000 10,535 526.8%
Proceeds from Sales 101 ,000 0 0.0% 190,000 0 0.0%
Miscellaneous 80,500 8,617 10.7% 149,000 12,909 8.7%
------------------------------------------------------------
1 TOTALS 9,872,523 2,301,018 23.3% 10,409,325 2,537,965 24.4%
EXPENDITURES
General Gov't 292,005 112.012 38.4% 363,085 119,639 33.0%
Police 2,215, 190 806,415 36.4% 2, 156.000 835,537 38.8%
Fire 1 .092,750 422.978 38.7% 1 ,202.500 462,538 38.5%
j Public Works/Eng. 249.700 85, 192 34. 10 361 .405 166, 195 46.0%
Wastewater 1 . 142,455 240.874 21 . 1% 808.960 228.676 28.3%
Dial-A-Ride 315 .475 106.538 33.8% 256,745 51 .617 31 .8%
Community Development 709,460 256, 112 36. 1% 809,917 321 ,469 39.7%
Recreation 486.785 207. 135 42.6% 572,630 280,826 49.0%
Parks d Bldg. Maint . 567,045 226,492 39.9% 625,700 269,372 43. 1%
1 Zoo 220,340 83.692 38.0% 221 ,275 85,936 35.8%
Streets 642,000 212,800 33. 1% 656,425 202.070 30.8%
Admin. Services 588.725 317,553 53.9% 668.635 371 ,362 55.5%
1 Non-Departmental 4S3.200 148,360 30.7% 775,820 214,452 27.6%
Major Capital 3,689,300 1 ,028,572 27.9% 5,295.300 682,626 12.9%
Debt Service/Trust 360,756 861 .472 238.8% 402.692 132.891 33.0%
------------------------------------------------------------
TOTALS 13,055,186 5,116,195 39.2% 15, 177,089 4,455,206 29.4%
1 NFT STIRPT.T1S/(T)F.FT(7TT) (3. 182.663)(2.815. 177) 88.5% (4,767,764)( 1 ,917,241 ) 40.2%
000012
CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH ENDED NOVEMBER 30, 1992
TABLE V: SCHEDULE OF SIMPLIFIED BALANCE SHEETS, SELECTED FUNDS
GENERAL GAS DEVELOPER TREE
FUND TAX FEES FUND
ASSETS:
Cash (917,238) 889,046 439,767 33,893
Other Assets 462,483 -0- -0- 11000
(454,755) 889,046 439,767 34,893
LIABILITIES 443,257 -0- -0-
FUND EQUITIES:
Fund Balance-Res. 38,300 9,148 -0- -0-
Fund Balance-Unres. 5936,312L 879,898 439,767 34,893
Total Fund Equity (898,012) 889,046 439,767 34,893
TOTAL LIAB/
FUND EQUITY (454,755) 889,046 439,767 34, 893
ZOO OPERATING DIAL-A-RIDE WASTEWATER
FUND OPERATING OPERATING
Cash (6,992) ( 167,726) 2,998,215
Other Assets -0- 105,692 8,573,526
Total Assets (6,992) 62,034) 11,571,741
------- --------- ----------
------- --------- ----------
LIABILITIES 5,473 (52) 1,453,934
FUND EQUITIES
Fund Balance-Res. -0- 105,692 8,187,618
Fund Balance-Unres. 12,465 ( 167,674) 1,930, 189
Total Fund Equity ( 12,465) (61,982) 10, 117,807
TOTAL LIAB/
FUND EQUITY (6,992) (62,034) 11,571,741
-------- -------- ----------
-------- -------- ----------
00001:3
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item• B-4
Through: Andy Takata, Assistant Meeting Date: 01/12/93
City Manager
From: Henry Engen, Community Development Director-W
SUBJECT•
City Engineering Services.
RECOMMENDATION•
Adoption of attached Resolution No. 01-93 for consultant
engineering services.
BACKGROUND•
With Greg Luke's resignation effective December 31 1992, the City
Council authorized Resolution No. 114-92 on November 3 , 1992, which
designated Steve Sylvester, of North Coast Engineering, as City
Engineer after January 1, 1993. This firm had been providing
selected engineering services to the City under a Consultant
Services Agreement, dated May 24, 1991. With the 'vacation of the
Public Works Director/City Engineer's position and the October
elimination of two Engineering Technician positions, the contract
needs to be amended to reflect the expanded scope of services being
provided by North Coast Engineering.
ANALYSIS•
The attached contract amends the original agreement by adding plan
checking, inspection, and citizen inquiry responseduties to those
previously directed. The contract provides for six months of
services coinciding with the remaining half of the fiscal year.
Thereafter, either party has the right to terminate the agreement
upon a 120 calendar days written notice (as opposed to the 90 days
favored by some Council members in discussion) .
Coordination of services would be through the Community Development
Director. The original agreement is proposed to be modified to
allow for retention of prior City employees for selected work pro-
jects subject to authorization by the City Manager.
•
000014
FISCAL IMPACT•
Although there will be salary savings given the vacation of the
Public Works Director position, the hourly rates chargeable by the
consulting firm are higher. Staff has instituted pass-through cost
charges for consultant services where private project plans are
referred to North Coast Engineering for review. This has the
effect of saving the City money but costing the applicant more.
North Coast Engineering has estimated $66,400 as the likely cost to
the general fund over a six month period. Staff will require on-
going cost monitoring reports reflecting costs by source (e.g. , gas
tax, private developers, and general fund) . General fund charges
would include public requests for information, coordination
relative to staff reports going to the Planning Commission and the
City Council, and other Non-CIP work, etc. Importantly, the
consultants will attend Planning Commission and Council meetings
without charge unless carried by the project costs. Before the end
of six months, we will have good records for determining the fiscal
impact of full reliance on consultant services for engineering
services.
HE:ph
Enclosure: Resolution No. 01-93
cc: Steve Sylvester, NCE
000015
RESOLUTION NO. 01-93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA
AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT WITH
NORTH COAST ENGINEERING, INC. FOR CITY ENGINEER SERVICES
The City Council of the City of Atascadero, California,
hereby resolves as follows:
1. The Consultant Services Agreement, dated May 24, 1991, as
amended, is hereby rescinded.
2. The Mayor is hereby authorized to execute the attached
Agreement (Attachment "A") .
3 . The Project Coordinator is hereby authorized to make minor
corrections or modifications of a mathematical or clerical
nature.
4. The Administrative Services Director is hereby authorized
to: appropriate funds, if necessary; release and expend
funds; and, issue warrants to comply with the terms of this
agreement.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Atascadero held on the 12th day of January, 1993 .
CITY OF ATASCADERO
By:
ROBERT P. NIMMO, Mayor
ATTEST:
LEE RABOIN, City Clerk
000016
ATTACHMENT "A"
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, made this day of January, 1993, by and
between the CITY OF ATASCADERO, hereinafter referred to as
IlCity", and North Coast Engineering, Inc. , hereinafter referred
to as "Consultant's.
Witnesseth
For and in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
Article 1
Authorization
A. Consultant will perform this Agreement in conjunction
with the authorization and direction of the Project Coordinator,
herein designated as the Director of Community Development:
B. The following exhibits are attached hereto and
incorporated herein by reference as though here fully set forth.
Exhibit "A"
Scope of Services - City Engineer
Exhibit "B"
Scope of Services - Capital Improvement Plan
Exhibit "C"
Fee Schedule
Article 2
Responsibilities of Consultant
A. Scope. Consultant will provide the following services
as described herein and under Exhibits "A" and "B" for the City
of Atascadero.
B. Coordination. In the performance of Consultant's
service under this Agreement, Consultant agrees that he will
maintain such coordination with City officials as may be
requested and desirable, including primary coordination with the
Project Coordinator.
C. Consultant's Services. Insofar as they may be
applicable to the project contemplated by this Agreement,
Consultant shall render the services and furnish the work tasks
as specified in Exhibits "A" and "B" as directed by the Project
Coordinator.
D. Construction Review. In the performance of
Consultant's service under this Agreement, Consultant may be
required to provide construction review of various projects,
000017
including projects constructed by the City. Construction review
shall mean the making of periodic visits to the job site to
conduct visual observation of materials, equipment or
construction work for the purposes of determining that the work
is in substantial conformance with the contract documents, design
intent and City Standards. Whenever the terms "inspection" or
"construction inspection" are used, they shall mean construction
review.
Article 3
Responsibilities of City
City shall cooperate with Consultant on all phases of the
work covered by this Agreement and will make available to him, as
his needs indicate, all existing maps, topographic maps, aerial
photographs, soils reports, and other similar data in possession
of City covering the site as selected. City shall also be
responsible for providing such staff production assistance as is
determined to be necessary by the Project Coordinator.
Article 4
Fee and Provision for Payment
City will pay Consultant a fee according to Exhibit "A" and
Exhibit "B", for work contracted in this Agreement and billed for
based on the payment schedule in Exhibit "C" . Consultant shall
be paid no later that thirty (30) days following receipt by City
of Consultant's progress report and invoice. Any additional
applicable hourly rate billings as authorized in Article 5 shall
be based on the Fee Schedule contained in Exhibit "C" . Fees
shown in Exhibit "C" will be fixed for 12 months after the date
of this Agreement, at which time the Engineer's current published
fee schedule shall prevail.
Article 5
Payment for Extra Work or Changes
Any claim for payment for extra work or changes in the work
will be paid by City only upon certification by the City Manager
that the claimed extra work or changes was authorized in advance
by the Project Coordinator and that the work has been
satisfactorily completed. Claims for such extra work must be
submitted by Consultant within thirty (30) days of completion of
such work and must be accompanied by a statement of itemized
costs covering said work.
Article 6
suspension or Termination of Agreement
A. suspension of Agreement. If Consultant fails to comply
with the conditions of the Agreement, City may, by written notice
of the Project Coordinator and the City Manager, suspend the
Agreement and withhold further payments pending corrective action
by Consultant or a decision to terminate the Agreement. After
000018
receipt of notice of suspension, Consultant may not incur
additional obligations of Agreement funds during the suspension
unless specifically authorized by the Project Coordinator and the
City Manager.
B. Termination for Convenience. The term for the services
authorized pursuant to this Agreement shall run from January 1,
1993, through June 30, 1993, during which time there shall be no
termination for convenience. Effective July 1, 1993, either
party shall have the right to terminate this Agreement or any
portions of Exhibit "A" or Exhibit "B" upon giving 120 calendar
days written notice of such termination. Notwithstanding any
other fee provision of this Agreement, based upon work
accomplished by Consultant prior to notice of such termination,
the City shall determine the amount of fee to be paid to
Consultant for his services based upon the provisions in Exhibit
"C" of the original Agreement, and such findings of the City
shall be final and conclusive as to the amount of such fee.
Article 7
Time of Completion
Consultant agrees to diligently pursue his work under this
Agreement and to complete the work as described in Exhibit "A"
and "B" . Consultant shall not be responsible for any delay which
is caused by City review, action or inaction of City and/or any
state or federal agency, or acts of God, but shall be responsible
for his own fault or negligence or that of any of his
subcontractors.
Article 8
Conflicts of Interest
No member, officer, or employee of City, during his or her
tenure, or for one (1) year thereafter, shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof,
except as may be authorized by the City Manager.
During the term of this Agreement, Consultant agrees not to
perform engineering or surveying services for private parties
within the City limits that would be subject to City review or
approval, except projects that Consultant has existing contracts
or obligations on.
Article 9
Ownership of Data
The ownership of all data collected for use by Consultant
under this Agreement, together with working papers, drawings, and
other materials necessary for a complete understanding of the
plans and necessary for the practical use of the plans shall be
vested in Consultant. Ownership of original drawings and
documents shall be vested in Consultant. Consultant shall
provide reproducible copies of all work to City upon request of
000019
City. Consultant agrees to maintain all records for a period of
no less than five years.
Article 10
Covenant Against Contingent Fees
Consultant warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely
for him, to solicit or secure this Agreement, and that he has not
paid or agreed to pay any company or person, other than bona
fide employee working solely for him, any fee, commission,
percentage, brokerage fee, gift, or any other consideration
contingent on or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall
have the right to annul this Agreement without liability or, in
its discretion, to deduct from the contract price or
consideration or otherwise recover, the full amount of such fee,
commission, percentage fee, gift, or contingency.
Article 11
Contract Personnel
The work to be done pursuant to this Agreement shall be done
by North Coast Engineering, Inc. and such other personnel in the
employ or under the supervision of Consultant who shall be
approved by City. The City official who shall be vested with the
right of approval of such additional personnel or outside
contracting parties shall be the Project Coordinator. City
reserves the right to reject any of Consultant's personnel or
proposed outside consultants, and City reserves the right to
request that acceptable replacement personnel be assigned to the
project.
Article 12
Indemnity Clause
A. General. City agrees to defend, indemnify and hold
harmless Consultant from any and all claims, disputes,
controversies, or law suits (including all staff costs related
thereto) arising from or relating to work or services performed
by Consultant pursuant to the terms of this Agreement. The City
shall not be required to indemnify Consultant for any liability
arising out of this Agreement if found to be the result of the
willful negligence of the Consultant.
B. Construction Conditions. The City agrees that in
accordance with generally accepted construction practices, the
construction contractor will be required to assume sole and
complete responsibility for job site conditions during the course
of construction of the project, including safety of all persons
and property; that this requirement shall be made to apply
continuously and not be limited to normal working hours, and the
City further agrees to defend, indemnify and hold the Consultant
harmless for any and all liability (including staff costs) , real
0000;0
or alleged, in connection with the performance of work on
construction projects, excepting liability arising from the
willful negligence of the Engineer.
Article 13
Insurance
A. Errors and omissions Insurance. Consultant shall
obtain and maintain, at his own expense, prior to commencement of
the work of this Agreement, professional liability (errors and
omissions) insurance, in a company authorized to issue such
insurance in the State of California, with limits of liability of
not less than $500, 000 to cover all professional services
rendered pursuant to this Agreement.
Such insurance shall be kept in force for one (1) year
beyond the date of Notice of Completion of the project and
accepted by the City Council.
B. Automobile and Public Liability Insurance. Consultant
shall also maintain in full force and effect for the duration of
this Agreement, automobile insurance and public liability
insurance with an insurance carrier satisfactory to City, which
insurance shall include protection against claims arising from
personal injury, including death resulting therefrom, and damage
to property resulting from any actual occurrence arising out of
the performance of this Agreement. The amounts of insurance
shall be not less than the following:
Single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage
or a combination thereof in an amount not less than $500, 000.
The following endorsements must be attached to the policy or
policies:
(1) If the insurance policy covers on an flaccident" basis,
it must be changed to Iloccurrence".
(2) The policy must cover personal injury as well as bodily
injury.
(3) Broad form property damage liability must be afforded.
(4) The City of Atascadero, its officers, employees, and
agents, shall be named as insured under the policy, and the
policy shall stipulate that the insurance will operate as primary
insurance and that no other insurance effected by City will be
called upon to contribute to a loss hereunder.
(5) The policy shall contain contractual liability, either
on a blanket basis or by identifying this Agreement within a
contractual liability endorsement.
(6) The policy shall contain iscross-liability" such that
each insured is covered as if separate policies had been issued
to each insured.
(7) City shall be given thirty (30) days notice prior to
cancellation or reduction in coverage of the insurance.
Is
0 0 0 GA,I
C. Workers Compensation Insurance. In accordance with the
provisions of Section 3700 of the Labor Code, Consultant shall be
insured against liability for workers compensation or undertake
self-insurance. Consultant agrees to comply with such provisions
before commencing performance of any work under this Agreement.
Article 14
Status
Consultant shall, during the entire term of this Agreement,
be construed to be an independent contractor, and in no event
shall any of his personnel or subcontractors be construed to be
employees of City.
Article 15
Non-Discrimination
Consultant shall comply with the provisions of Presidential
Executive Order No. 11246 of September 24, 1965, and all other
orders, regulations, and laws governing non-discrimination in
employment, including in particular, Section 122 (a) of the State
and Local Fiscal Assistance Act of 1972.
Article 16
Survivability
If any portion of this Agreement is found to be invalid, all
other provision of the Agreement shall remain in force.
Article 17
Modification of Agreement
This Agreement may be modified only by a written amendment
signed by both parties hereto.
Article 18
Law Governing
This Agreement shall be governed by the laws of the State of
California.
Article 19
Relationship to Other Agreements
This Agreement shall supersede the Consultant Services
Agreement dated May 24th, 1991, between City and Consultant.
Article 20
Communications
Communications between the parties to this Agreement may be
sent to the following address:
City: CITY OF ATASCADERO
6500 Palma Avenue
Atascadero, CA 93422
Attn: Henry Engen
Consultant: NORTH COAST ENGINEERING, INC.
715 24th Street, Ste. O
Paso Robles, CA 93446
Attn: Steven J. Sylvester
ACCEPTED AND AGREED this day of January, 1993.
CITY: CONSULTANT:
CITY OF ATASCADERO NORTH COAST ENGINEERING, INC.
a municipal corporation a California corporation
By By
Robert P. Nimmo, Mayor Steveny vester
Preside t � 0
ATTEST: 3.6 Y(yFs�Fy��
q4t. y 9 A
29143
* Exp.3*1195
Lee Raboin, City Clerk
sr Cwk
APPROVED AS TO CONTENT: APPROVED AS TO FORM: 9lEOFCAUF��
Henry Engen, Arther Montandon,
Project Coordinator City Attorney
00000-13
EXHIBIT "All
SCOPE OF SERVICES - CITY ENGINEER
1. Steven J. Sylvester shall act in the official position
Of City Engineer for City until termination of this portion_ of
the Agreement.
2. Consultant shall, as directed by the Project
Coordinator, provide those services customary and required for
Consultant's position as City Engineer and for operations of the
City Engineering Division, including but not limited to the
following:
a. Plan and map check processing, signing of maps and
plans.
b. Review of tentative maps, precise plans, grading
plans, other discretionary projects, and
construction projects.
C. Construction review.
d. Response to citizen inquiries and complaints.
e. Response to Council inquiries.
f. Encroachment Permits.
g. Other services necessary for operation of the
Engineering Division.
3. Prepare engineering evaluations of specific projects or
proposals when directed by the Project Coordinator.
4. When requested by the Project Coordinator, Consultant
shall provide a representative (Steven J. Sylvester or his
designee) at Planning Commission and City Council meetings.
Consultant shall not be reimbursed for such meeting attendance
unless chargeable to a specific project.
0000;,;1}
EBHIBIT 11B11
SCOPE OF SERVICES - CAPITAL IMPROVEMENT PLAN
1. Consultant shall revise and update the City's Five-Year
Capital Improvement Plan for review and approval by the City
Council.
2 . Consultant shall administer the Capital Improvement
Plan projects as directed by the Project Coordinator with
services including but not limited to the following:
a. Project planning and preliminary design/cost
estimates.
b. Preparation of final project plans and
specifications; or, where design is to be prepared
by outside engineering consultant, coordinate
consultant selection process, administer outside
consultant contract, provide plan check, and sign
plans as City Engineer.
C. Prepare contract/bid documents.
d. Coordinate bidding phase/contract award.
e. Provide construction review and staking.
f. Prepare pay estimates and change orders.
g. Prepare final documents and record drawings.
3 . Estimates of the costs for the improvements designed
are prepared by exercise of the Consultant's judgement and
experience in applying presently available cost data. It must be
recognized that the Consultant has no control over the cost of
labor and materials, or over the competitive bidding procedures
of market conditions, so the Consultant can not guaranty that the
proposals, bids or the project construction costs will not vary
from these estimates.
CONTRACT.ATA
0000215
A//*C NORTH COAST ENGINEERING, INC.
rV� Civil Engineering • Land Surveying • Project Development
EXHIBIT "C"
FEE SCHEDULE
July 1, 1992
CLASSIFICATION HOURLY RATE
Principal Engineer $80. 00
Senior Civil Engineer $70. 00
Civil Engineer $65.00
O
F Registered Land Surveyor $60.00
F
I Project Engineer $60.00
C
E Associate Civil Engineer $50.00
Senior Engineering Technician $42. 00
Engineering Technician $30.00
Secretarial/Clerical $27. 00
CADD System and Operator $65. 00
Resident Engineer $60. 00
F
I Construction Inspector $45.00
E
L Two-Man Survey Crew $110.00
D
Three-Man Survey Crew $140.00
REIMBURSABLE EXPENSES
1. Actual cost of long distance telephone calls, express
charges, postage, outside reproduction and survey supplies.
2 . Cost + 15% for outside professional consultants required for
the work.
3. Mileage at the rate of 0.30/mile.
4. In house reproduction and telecommunications costs as
follows:
Xerox 2510 Prints . 30/Sq.Ft. Mylar 2 .50/Sq.Ft.
Vellum 1.50/Sq.Ft. Photocopies . 18 each
Telecopy (FAX) : Transmit $2.00/Sheet
FEESCH92.SPC
715 24th Street, Suite 0 Paso Robles CA 93446 (805)239-3127 FAX (805) 239-0758 (1100 "I f"
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item• B-5
Through: Andy Takata, Assistant Meeting Date: 01/12/93
City Manager
File Number: TPM 32-90
From: Henry Engen, Community Development Director L
SUBJECT•
Acceptance of Final Parcel Map 32-90 to subdivide three lots of
12 . 5 acres into four parcels of 3 . 12 acres each at 585, 625, and
685 Garcia Road (Langille/Twin Cities Engineering) .
RECOMMENDATION•
Acceptance of Final Parcel Map 32-90.
BACKGROUND•
On July 9, 1991, the City Council conducted a public hearing on the
above-referenced parcel map. Council agreed with the Planning
Commission's recommendation and tentatively approved Parcel Map 32-
90 subject to the Findings and the Conditions of Approval. All
conditions have been completed by the applicant.
HE:ph
cc: Conrad Langille
Twin Cities Engineering
Attachment: General Plan Map
o0U0A.17
4F ATAOCADEZQ
CONCyIj•N'T'1 r DE y --:-0F"/E ' Location Map ( Gen. Plan)
••V. M A �..l�
�I
D E� �►11-2-47
TPM , 32-9Q
f
00
R E C�
R_TAiL
j tt
COA+/ 41 .
t
If
SITE
E 4St Y
/ U T F F i J
� r
ti
i
!/ VM
�'�� /'• � A R'E ti--
Of
tOf
R
Ir '
f► /
i
000028 f
• REPORT TO CITY COUNCIL Meeting Date: 1-12-93
CITY OF ATASCADERO Agenda Item: B_6
Through: Andy Takata, Assistant City Manager
Via: Henry Engen, Community Development Director
From: Steve Sylvester, City Engineer
SUBJECT•
Road Acceptance Resolution
RECOMMENDATION•
Staff recommends that council approve Resolution No. 02-93
accepting Obispo Road into the city-maintained road system.
BACKGROUND•
Obispo Road was constructed by a private developer in accordance
with plans approved by the City Engineer. The road has been in
place for a minimum of one year and has received a final
inspection. The road has been determined to be acceptable and can
be added to the City maintained mileage.
FISCAL IMPACT•
By accepting this road into the city-maintained system the City
will become responsible for the repair, however, no significant
work is expected for several years.
• OBISPORT.ATA
000029
RESOLUTION NO. 02-93
RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO ACCEPTING OBISPO ROAD
INTO THE CITY MAINTAINED ROAD SYSTEM
The Council of the City of Atascadero resolves as follows:
1. Pursuant to the provisions of Section 1806 of the
California Streets and Highways Code, the following street is
hereby accepted into the city street system.
Street Name Length in Feet
Obispo Road 1800
2 . A copy of this Resolution shall be furnished to:
Richard Shannon
On motion by Councilmember and seconded
by Councilmember , the foregoing resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST:
CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT
STEVEN J. SYLVESTER, City Engineer
•
OBISPORS.ATA
000030
l
q'n Y
���C
A
w
CITY OF ATASCADERO
JANUARY 12, 1993 CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF OBISPO ROAD INTO
THE CITY MAINTAINED SYSTEM
000021.
MEETING 2_93 AGENDA
DATE ITEM M B_7
REPORT TO CITY COUNCIL DATE:
1/7/9
FROM: Paula Anton, Recreation Supervisor
Department of Community Services
THROUGH : Andrew T Takata, Assistant City Manager
SUBJECT:
PROPOSE TO ADOPT THE RESOLUTION #04-93 FOR B AND B
AMUSEMENT TO UTILIZE PALOMA CREEK PARK FOR A FOUR
DAY CARNIVAUSPECIAL EVENT - APRIL 8-11, 1993
BACKGROUND:
On Tuesday November 10, 1992 the City Council approved
unanimously to approve the use of Paloma Creek Park as a fund
raiser for the Department of Community Services, Recreation Division
as a co-sponsored event with B & B Amusement.
The staff negotiated a co-sponsored agreement and will present it
to the City Council for finalization.
RECOMMENDATION
Approve adoption of Resolution #04-93 authorizing agreement with
B&B Amusement.
000032
RESOLUTION NO. 04-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
B & B AMUSEMENTS
TO
CO-SPONSOR A SPECIAL EVENT
The City Council of the City of Atascadero , California
hereby resolves as follows:
1 . The Mayor is hereby authorized to execute an agreement
with B & B Amusements to co-sponsor a special event in
the City of Atascadero on and between April 8, 1993
through April 11 , 1993.
2. The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical or
clerical nature.
3. The Finance Director -is hereby authorized to
appropriate funds , if necessary; release and expend
funds; and issue warrants to comply with the terms of
this agreement .
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Atascadero held on the 12th day of January, 1993.
ATTEST: CITY OF ATASCADERO
By
LEE RABOIN, City Clerk ROBERT P . NIMMO, Mayor
000033
• CELEBRATION AGREEMENT
THIS AGREEMENT is made between B & B Amusements Inc. ,
er inafter referred to as the party of the first part, and City of
to cadero, Dept of Community Services, hereinafter referred to as
the party of the second part and sponsor.
THAT WHEREAS, the party of the second part desires to sponsor
a celebration in Atascadero, California, on and between the dates
of April 8, 1993 through April 11, 1993; dates for 1994 and 1995 to
be approximately the same.
AND WHEREAS, the party of the first part conducts a business
of promoting, producing, and conducting such celebrations:
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
That for and in consideration of covenants and agreements
herein contained the party of the first part herein agrees as
follows:
(A) AMUSEMENT RIDES:
1. Party of the first part agrees to provide 10 to 12
Super Spectacular, Spectacular and Adult rides.
2. Party of the first part agrees to provide 8 to 10
Kiddie rides.
3. Coupons will be accepted on rides as follows:
2-3 coupons for Kiddie Rides
3 coupons for Kiddie/Adult and Major rides
4 coupons for Spectaculars
5 coupons for Super-Spectaculars
Coupons prices are 20 coupons for $10.00, which
is $. 50 per coupon or $. 60 for individual tickets.
B & B Amusements has the right to change their
prices, giving a 60 day written notice,
prior to these changes.
(B) SPECIAL MIDWAY CONCESSIONS:
Party of the first part shall have the right to operate
game and food concessions on the midway.
� � 0
0
0
10221 Slater Ave., Suite 113, Fountain Valley, CA 92708, 7141962.2684 Member Western Fairs Assn.
4491 South 4th Ave.,Yuma,Arizona 85365 16021 726.9522 o o 0 0 3 r,}
Celebration Agreement
Page 2
(C) PARTY OF THE FIRST PART IS TO PROVIDE THE FOLLOWING:
1. Electric power for all rides and concessions.
2. A clean-up crew that will clean the midway each and
every night and at the close of the celebration.
3. 200 posters, imprinted to sponsor's
specifications.
4. Uniformed personnel.
5. A multi-media press kit that includes press
releases, photos, and B & B radio and television
commercials as needed.
(D) PARTY OF THE SECOND PART IS TO PROVIDE THE FOLLOWING:
1. A suitable location for operation of said
celebration.
2. To have grounds properly prepared for the event. Carnival
area grounds must be able to withstand heavy equipment and
truck loads. Dirt lots must be free of debris, ie; weeds,
trash and compacted into hard prior to the arrival of the
carnival.
3. To provide police protection as needed.
4. To provide water within 100 feet of the carnival area.
The water provided must meet all City and County health
requirements.
5. To provide trash dumpsters for daily hauling away
of trash. These dumpsters must be in place no later than
Wednesday of celebration week.
6. To provide restroom facilities at their expense. These
restrooms must be in place and open for use no later than
Tuesday of celebration week.
7. All permits and licenses for operation. These include any
permits from the City or County and must be purchasee no
later than 30 days prior to the event. Copies must be
sent to B & B Amusements at the Fountain Valley office
prior to the event.
000035
Celebration Agreement
Page 3
8. The sponsor will provide a representative between the
hours of 7 & 9 am the morning following the close of the
celebration to approve site clean-up. If a representative
- --- -- -i-s-not present and-therefore does not sign our clean-up
from, B & B bears no responsibility for the clean-up.
9. B & B Amusements will deduct any expenses from the gross
ride sales for any above item that is not complied with.
Any expenses incurred by B & B -Amusements because the
sponsor fails to comply to the above will be charges to
the sponsor.
(E) FINANCIAL CONSIDERATION:
B & B guarantees party of the second part as their share
of ride income, the following:
20% of the cash ride gross
This is cash sales on the grounds and does not include
advance ride tickets. Settlement to be made the last
night of the celebration.
1. Party of the first part will provide advance sale coupons
in any amount needed to be sold 25 coupons for $10.00.
These coupons will be good on all rides. Party of the
second part will handle advance sales and retain 25% of
coupons sold as their commission. Party of the second
part will be held responsible for either the money or the
coupons left in their possession. Sale of these advance
coupons will cease at noon of the opening day of the fair.
All coupons not sold must be turned in to party of the
first part by Saturday of celebration week. Any advance
coupons not turned in to the party of the first part by
the above mentioned date, will be considered sold.
(F) INSURANCE:
It is hereby agreed that the party of the first part will
provide liability insurance coverage in the amount of
$2,000,000.00 Combined Single Limit Bodily Injury and/or
Property Damage Liability. All operations of the
celebration to be provided with certificates of insurance
upon request. Additional insured, any persons or
committee connected with the event, to be added to
certificate as requested by party of the second part.
000036
Celebration Agreement
Page 4
(G) CANCELLATION CLAUSE:
Either party has the right to cancel the contract by
giving the other party written notice within 90 days from
the last-day -of the event.
(H) REMARKS:
It is agreed and understood that both parties have read this
agreement thoroughly and it is entirely understood by both parties
as confirmed by their signatures below.
CITY OF ATASCADERO, B & B AMUSEMENTS INC.
DEPT OF COMMUNITY SERVICES
Signed Signed
Robert P. Nimtno Shawnee J.
Morten
Name Printed Name Printed
Mayor •
Title Title
Date Date
000037
NOTE: Agenda Item C-1 - Please replace the staff report and
Exhibit A to Ordinance No. 246 with the attached pages.
REPORT TO COUNCIL
CITY OF ATASCADERO Agenda Item: C—
Meeting Date: 01-12-93
THROUGH: Andy Takata, Assistant City-'Manager
Via: Henry Engen, Community Development Director
FROM: Mark Markwort, Chief of Wastewater Operations
SUBJECT•
Proposed City Ordinance No.246, amending City Sanitation
Ordinance No. 181.
RECOMMENDATION•
Approve attached Ordinance No. 246 amending the Atascadero
Municipal Code, Title 7 . Public Works, Chapters:
1. General Provisions
2 . Definitions
3 . Sewer Connection Required: Septic Tank Abandonment
4 . Permits and Connection Fees
5. Public Sewer Extensions
6. Inspection
7 . Building Sewers
8 . Mainline Extensions
9 . Prohibited Discharges
12 .Policy Statements
To clarify and update existing City regulations to conform with
Federal and State regulations and to require connection to the
Public Sewer, without exception, in "Cease and Desist" areas. And,
impart the City with the authority, if necessary, to physically
connect and exact reimbursement fees, for connecting to the Public
Sewer, any buildings so mandated by City Council.
ACTION REOUIRED:
1. Motion to waive reading in full and read by title only.
2 . Motion to introduce on first reading by title only.
BACKGROUND:
Existing City Ordinance 181, Chapter 3 , Sec. 7-3 . 002-. 003
finds the use of local means of sewage disposal within the City to
constitute a public nuisance, and finds it to be in the public
interest that property to which a public sewer is available be
required to connect within twenty-four (24) months. However, no
means of enforcing the existing City connection ordinance is
provided. In 1981, The local ^Regional Water Quality Control Board
(RWQCB) issued Cease and Desist Order No.81-60 which created areas
within the City where the use of on-site septic systems was
prohibited. Although many of the properties located within Cease
and Desist Areas were provided with public sewer access, many have
failed to connect.
At the May 26, 1992 meeting, Council continued the public
hearing on Ordinance No. 246, amending Title 7 of the City
Municipal Code (Sanitation Ordinance) and directed staff to prepare
an alternative ordinance which would mandate hook-up and assess
properties not only for the sewer line but for the cost of the
hook-up as well (See Attachment "B") . The continuation hearing was
set for June 9, 1992 but was postponed until the RWQCB made it's
anticipated ruling on Cease and Desist Order No. 81-60. In
anticipation of the RWQCB ruling, at the June 9, 1992 meeting,
Council adopted Resolution No. 57-92 which stated that. the City
Council finds that it is necessary to exercise all of the
enforcement powers endowed by the State of California Health and
Safety Code Section 5463 , to ensure that all structures with
plumbing fixtures within Cease and Desist areas are connected to
the public sewer when available (see attachment "C") .
On June 10, 1992 the RWQCB rescinded Cease and Desist Order
No. 81-60 and replaced it with another Cease and Desist Order,
No.92-68. Cease and Desist Order No. 92-68 established a time
schedule for sewering the remaining un-sewered Cease and Desist
areas and requires the submittal of periodic reports that chronicle
the City's progress in sewering these areas including the number of
connections made and number of connections necessary to complete
the sewering of all existing Cease and Desist areas (See Attachment
I'D") .
DISCUSSION•
The California Regional Water Quality Control Board is clearly
unhappy with Atascadero's performance in sewering those areas
declared septic tank prohibition areas by Cease and Desist Order
No.81-60. Without the authority to enforce the existing sewer
connection ordinance, Atascadero will be unable to comply to newly
issued Cease and Desist Order No. 92-68. The consequence of
noncompliance with yet another State Order could well be the
issuance of a complaint for civil liability and the levying of
substantial fines against the City of Atascadero.
FISCAL IMPACT•
The amount of fines possible for noncompliance with Cease and
Desist Order No. 92-68 is unknown but could be as much as $10,000
per day of noncompliance.
The fiscal impact on individual property owners to connect to
the public sewer will vary between $1;11- to $1g,-0-0-db-pending upon
location of the property, landscaping affected, etc. (See
Attachment "E" , Cost Work Sheet) .
The City's cost of enforcing the mandatory connection
ordinance will depend upon how many of the approximately 200
affected property owners elect to voluntarily pay their connection
fees and lateral installation costs. The remaining properties will
be connected using money from the Wastewater Facilities account.
This money will be repaid to the City by the benefitting property
owner over a period of up to 15 years at an interest rate of 10%.
List of Attachments:
A) Proposed City Ordinance No. 246
B) Excerpt from 5-12-92 City Council Meeting
C) Resolution No.57-92
D) Cease and Desist Order No.92-68
E) Cost Work Sheet for individual properties
• FISCAL IMPACT•
The amount of fines possible for noncompliance with Cease and
Desist Order No.92-68 is unknown but could be as much as $10, 000
per daytof noncompliance.
The fiscal- impact on individual property owners to connect to
the publ c sewer will vary between $1, 118 `to $12,000 depending upon
location of the property, landscapng affected, etc. (See
Attachmen "E", Cost Work Sheet) .
The 'ty's cost of enforcin - the mandatory connection
ordinance All depend upon how m y of the approximately 200
affected pro erty owners elect to v luntarily pay their connection
fees and late al installation cost . The remaining; properties will
be connected sing money from th Wastewater Facilities account.
This money wil be repaid to the City by the benefitting property
owner over a pe iod of up to 15 ears at an interest rate of 10
List of Attachments:
SA) Propose City Ordinance No. 246
B) Excerpt f om 5-12-92 City Council Meeting
C) Resolution o. 57-92
D) Cease and e ist Order No.92-68
E) Cost WorkShee for individual properties
000040
ORDINANCE NO 246
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING TITLE 7 OF THE CITY
MUNICIPAL CODE (SANITATION ORDINANCE)
(City of Atascadero)
WHEREAS, the City of Atascadero adopted an Ordinance
establishing the Wastewater Division of the Public Works
Department, and Setting Rules and Regulations Thereto (Ordinance
No. 181) ; and
WHEREAS, the City Council is desirous of amending its
wastewater regulations; and
WHEREAS, the proposed amendments promote the public health,
safety and general welfare;
NOW, THEREFORE, the City Council of the City of .
Atascadero does ordain as follows:
Section 1.
Title 7 of the City of Atascadero Municipal Code is hereby
amended as shown on the attached Exhibit A, which is hereby made a
part of this ordinance by reference.
Section 2 . Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 3 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
0000,11
s
Ordinance No. 246
Page 2
On motion by and seconded by
the foregoing Ordinance is approved by the
following role call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By:
ROBERT P. NIMMO, Mayor
City of Atascadero
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
GREG LUKE, Dir. of Public Works
(191(101i?
E IBIT A
EXHIBIT A TO ORDINANCE NO. 246
AMENDI TITLE 7 . OF THE ATASCADERO MUNICIPAL ODE
Chapter 1. GENE L PROVISIONS
7-01. 003 Liabili for Violations: Any perso violating any
provision of this Ordinance shall be liable to he City for all
damages to City pr perty and or fines levied re lting therefrom.
A violation of any rovision of this Ordinance is a misdemeanor.
Penalties for viola ion of this ordinance sh 1 be set forth in
Chapter 3 of Title 1 f this Code.
Chapter 2. DEFINITIONS
�t
All code numbers as igned to individ la1 definitions shall be
deleted from the code. The following ,l definitions are to be
integrated and alphabetize with existing definitions
Biochemical 02gygen Demand B The qua itity of oxygen utilized in
the biochemical oxidation of rganic matter, after 5 days, using
standard laboratory procedure and a pressed in milligrams per
liter (MG/1) .
Domestic Wastewater: Water bearin ly those wastes derived from
the ordinary living processes and such character as to permit
satisfactory disposal to, and tre meat at the City Wastewater
Treatment Plant. \k
Grease: All fat, gree ',,oil, wax or other
trichlorotrifluoroethane soluble matter of animal, vegetable,
petroleum or mineral origin.
Industrial User: A person who ischarges , ondomestic wastewater
into the City sewer system.
Person: Any individual, fir , company, as ociation, society,
corporation, group, government agency or educeional institution.
♦Y\
CHAPTER 3 . SEWER CONNECTION R QUIRED:
SEPTIC TANK ABANDO ENT
7-3 . 002 The City Council he eby finds and declares the maintenance
or use of eesspeele septic systems and other local means of sewage
disposal within the City Urban Services Line to constitute a public
nuisance, and finds it to be in the public interest that property
to which a public sewer is available be required to connect
thereto.
000043
EXHIBIT A
EXHIBIT A TO ORDINANCE NO. 246
T-. OF THE ATASCADERO MUNICIPAL ,CODE
Chapter 1. GENERAL PROVISIONS
7-01. 003 Liability for Violations: Any person violating any
provision of this-- Ordinance shall be liable to the City for all
damages to City property and or fines levied resulting therefrom.
A violation of any provision of this Ordinance is a misdemeanor.
Penalties for violation of this ordinance shall be set forth in
Chapter 3 of Title 1 of this Code.
Chapter 2 . DEFINITIONS
All code numbers assigned to individual definitions shall be
deleted from the code. The following definitions are to be
integrated and alphabetized with existing definitions
Biochemical Oxygen Demand (BOD) : The quantity of oxygen utilized in
the biochemical oxidation of organic matter, after' 5 days, using
standard laboratory procedures and expressed in milligrams per
liter (MG/1) .
Domestic Wastewater: Water bearing only those wastes derived from
the ordinary living processes and of such character as to permit
satisfactory disposal to, and treatment at the City Wastewater
Treatment Plant.
Grease: All fat, grease, oil, wax or other
trichlorotrifluoroethane soluble matter of animal, vegetable,
petroleum or mineral origin.
Industrial User: A person who discharges nondomestic wastewater
into the City sewer system.
Person: Any individual, firm, company, association, society,
corporation, group, governmental agency or educational institution.
CHAPTER 3 . SEWER CONNECTION REQUIRED:
SEPTIC TANK ABANDONMENT
7-3 . 002 The City Council hereby finds and declares the maintenance
or use of eesspeels septic systems and other local means of sewage
disposal within the City Urban Services Line to constitute a public
nuisance, and finds it to be in the public interest that property
to which a public sewer is available be required to connect
thereto.
7-3. 006. Cease and Desist Areas: Connection required.
Any "building" located or proposed to be constructed in an
area where on-site sewage disposal systems have been prohibited by
the Regional Water Quality Control Board shall be required to
connect to the public sewer, without exception. (Ref. California
Health and Safety Code sections 5410-5415. The Porter-Cologne Water
Quality Control Act, Chapter 4, Article 5 and Chapter 5, Article
-7-3:007. Notice to connect to the public sewer.
For existing "buildings", it shall be the duty of the Director
of Public Works or his authorized representatives to notify such
person or persons to connect to the public sewer and properly
abandon any on-site sewage treatment/disposal system. Such notice
is to be delivered by certified mail.
(a) In the event the person or persons owning any building
required to connect to the public sewer in accordance with the
provisions of this chapter, fails to connect to the public sewer in
the manner provided in this chapter, the Public Works Director
shall request that the City Council authorize the mailing of
written notice of the required sewer connection to all persons
owning property described in the resolution. Such written notice
shall be mailed to each person to whom such described property is
assessed in the last equalized assessment roll available on the
date the resolution was adopted by the City Council. The address of
the owners shown on the assessment roll shall be conclusively
deemed to be the proper address for the purpose of mailing such
notice. Such notice shall be mailed at least fourteen (14) days
prior to the time fixed for hearing objections by the City Council.
7-3.008. Form of notice.
The notice shall be substantially in the following form:
NOTICE TO CONNECT TO THE PUBLIC SEWER SYSTEM
Notice is hereby given that on the day of , 19 ,
the City Council passed a resolution declaring that this "building"
shall connect to the public sewer system and properly abandon any
on-site sewage treatment/disposal system. Otherwise the City will
connect said residence and have properly abandoned any on-site
sewage treatment/disposal system and all costs of connection and
abandonment plus 25% for overhead and all applicable fees assessed
upon the property upon which the work was performed, will
constitute a lien upon such property until paid. Reference is
hereby made to the resolution for further particulars. A copy of
said resolution is on file in the office of the Department of
Public Works.
All property owners having any objections to the proposed mandatory
connection are hereby notified to attend a meeting of the City
Council of the City of Atascadero to be held ,
when their objections will be heard and given due consideration.
Dated this day of , 19
•
Director of Public Works
City of Atascadero
7-3.009. Election to have connection/abandonment performed by the
City.
may—elect to have conneation/abandomme"wT—
performed by the City. Property owners electing to have the City
perform the connection/abandonment shall enter into a-contract with
the City agreeing to the provisions in section 7-3.012 and shall be
assessed fees according to the provisions set forth in section 7-
3.013 of this ordinance.
7-3. 010. Hearing of objections.
At the time stated in the notices, the Council shall hear and
consider all objections to the proposed mandatory sewer connection.
At the conclusion of the hearing, the Council shall allow or
overrule any objections. At that time, the City acquires
jurisdiction to proceed and perform the work of
connection/abandonment. The decision of the Council is final.
7-3.011. Order to connect.
If objections have not been made or after the Council has
disposed of' those made, it shall order the Director of Public Works
to conduct the work of connection/abandonment.
7-3. 012 . Connection and on-site system abandonment- by the City.
In the event the person or persons _ owning the property
required to connect to the public sewer system fail to- connect to
the public sewer system and properly abandon any on-site sewage
treatment/disposal system in accordance with provisions of this
chapter within six (6) months after the hearing of objections and
order to connect to the public sewer system, it shall be the duty
of the Director of Public Works to expressly authorize city
employees and/or contracting agents to enter upon private property
for such purpose to connect the building to the public sewer system
and properly abandon any on-site sewage treatment/disposal system.
This work will be conducted in such a manner so as to minimize
damage to existing landscape and structures. However, the City
shall assume no responsibility for incidental damage done or for
the return of the work site to it's original condition. It shall be
unlawful for any person to interfere, hinder, or refuse to allow
them to enter upon private property for such purpose in accordance
with the provisions of this chapter. Any person owning such
residence in the City shall have the right to connect to the public
sewer and abandon any on-site sewage treatment/disposal system, at
his own expense, at any time prior to the arrival of the Director
of Public Works or his representatives for such purpose.
7-3.013. Account and report of cost of connection.
The Director of Public Works shall keep an account of the cost
of connecting each building to the public sewer, the cost of
abandoning any existing on-site sewage treatment/disposal system
and all applicable fees associated with each connection. An
itemized written account, showing such cost, shall be submitted to
the Council for confirmation. This account shall identify and refer
to each building in a manner sufficiently reasonable to identify
the same. This account shall include all expenses proposed to be
assessed against each property, including the property owners share
of the cost of extending the public sewer system to serve the___
building mandated for connection. All or part of this entire sum
may be paid at the time of owner notification. Any portion of the
amount assessed each property owner not repaid upon owner-
notification shall become a lien on said property which shall be
repaid to the City through a municipal tax assessed over a fifteen
(15) year period at a ten (10) percent annual rate of interest. Any
portion of the amount assessed not repaid, upon transfer of
property ownership shall be repaid in full.
7-3.014. Notice of report and hearing.
The Public Works Department shall post a copy of the
assessment list on or near the door of the Council meeting room,
together with the notice of the filing thereof and of the time and
place when and where it will be submitted to the Council for
hearing and confirmation. The posting shall be for at least five
calendar days prior to the submission to the Council.
7-3. 015.. Hearing of report: Modification: Confirmation of report.
At the time and place fixed for receiving and considering the
report, the Council shall hear the same, together with any protests
or objections of the property owners liable to be assessed for
connection. Upon the conclusion of such hearing, the Council shall
then confirm the report by motion and the amount thereof shall
constitute a lien on the property assessed until paid. The
confirmation of the assessment by the Council shall be final and
conclusive.
7-3.016. Report to Assessor and Tax Collector: Filing copy of
report with County Auditor.
A certified copy of the report shall be filed with the County
Auditor on or before August 10th of each year for entry of such
assessments on the County tax roll. In the event that the report
cannot be prepared in time for the County Auditor to enter the
assessment on the next immediate tax roll, the certified copy may
be filed with the County Auditor before August 10th of the
succeeding year.
7-3.017. Collection of assessment: Penalties and procedures for
foreclosure.
The amount of the yearly assessment for connection and
reimbursement shall be collected at the time and in the manner of
ordinary municipal taxes. If delinquent, the amount is subject to
the same penalties and procedure of foreclosure and sale provided
for ordinary municipal taxes.
. CHAPTER 4. PERMITS AND CONNECTION FEES
7-4. 09 Sewer Annexatien Extension FeeIn addition to such fees as
shall be assessed for sewer connection and sewer taps, applications
for sewer service shall be assessed a sewer annexatien extension
fee, subject to the following exceptions and applications of
Section 7-4. 010, as follows:
7-4. 010 Sewer Av.~....atie.. Extension Fee: Exception Exception to and
application of annexat extension fees will be as follows:
(a) A vacant lot presently inside Maintenance District No 1
where sewer is available will be exempt from payment of
an annemati extension fee.
(b) Where a lot inside Maintenance District Number 1 is
subject to a lot-split, and the extension fee
has not been previously paid, the applicant shall pay an
annexatien extension fee for all but one lot in addition
to such other fees as shall be required according to the
City of Atascadero.
(c) Areas designated Cease and Desist and adjacent areas
covered by a Health Officer's letter will be exempt from
new charges and increase in . annexati..~ extension fees,.
but will pay the fees in effect prior to passage of this
ordinance - eight hundred fifty (850) dollars.
CHAPTER 5. PUBLIC SEWER EXTENSIONS
7-5. 001 Procedures Extensions of the public sewer system of the
Wastewater Collection Facilities shall be made as follows:
(a) Any person desiring an extension of the public sewer
system shall make a request in writing to the City for a
preliminary investigation of the feasibility of said
extension. if said sewer- extensien is feasible, the City
shall prepare re' iry eetimate-ef the eest of sera
extensien, chili 3qany repair to a rei3dway neeessltzacc c
by said sewer xt ensiffiR:
(b) Requestor shall submit improvement plans of the proposed
extension, prepared by a Registered Civil Engineer in the
State of California, for approval by the City Engineer.
(c) The person requesting said extension shall execute and
file a written Sewer Extension Performance Agreement, the
terms of which shall be subject to approval by the City
Council, whereby said person agrees to complete all
required improvements at his expense and to the
satisfaction of the City Engineer, within the time period
specified within the agreement. Said person further
agrees to provide the City Engineer with a detailed cost
break-down of his actual expenditures for any
improvements authorized in the agreement. The agreement
shall also provide for inspection by the City Engineer,
or his designated representative, of all improvements,
and reimbursement of the City by the requestor, for the
costs of the inspection. The City will invoice the
requestor for such inspection costs and any amount unpaid
for such inspection costs and any amount unpaid thirty
(30) days from the date of the City' s invoice shall bear
interest at ten (10%) percent per annum beginning within
thirty (30) days after the date of the invoice. The
Sewer Extension Performance Agreement may also provide:
(1) for the construction of the improvements and units;
and (2) for an extension of the time under conditions
that are unspecified. No extension of time shall be
granted except upon certification by the City Engineer
that such extension is justified and upon approval of the
City Council. In addition to the requirements of this
section said person shall provide the City with a 100%
performance and 50% labor and material bond or other
suitable security as deemed appropriate by the City
Attorney. nom-te emeeed f-fty (-50%) ei the eest of
'ements The City Council may waive such requirements
for a bond at its option.
(d) No hookup to the public sewer will..be permitted until all
improvement work has been completed to the satisfaction .
of the City Engineer and all charges have been paid by
the requestor in accordance with the provisions of this
Ordinance.
CHAPTER 6. INSPECTION
7-6.002 Pipe and Joint Testing: All piping and all joints shall
pass an air pressure test as per UPC 318. After backfilling and
compaction, the pipeline shall also pass a mandrel test.
Television inspection may also be required as directed.
:7 6. 902- 7-6.003 Certificate of Inspection: When it appears to the
satisfaction of the City that any work authorized by these
regulations has been constructed according to, and meets the
requirements of, all provisions of this Ordinance and other
applicable laws, and that all the fees for the doing and inspection
thereof have been paid, the City shall cause to be issued to the
person, firm or corporation constructing such work a certificate of
final inspection, which certificate shall recite that such work as
has been done pursuant to the permit has been constructed according
to the Ordinance provisions of said City, that said work is in
sanitary condition. The City shall not issue such certificate of
inspection unless the requirements of this Ordinance have been met.
s
CHAPTER 7 . BUILDING SEWERS
77 . 003 Ne Building sewer shall be eenstrueted with pipe et
internal diameter lessthan-€eur -( ) ia,ehes.
9ess than- ene-= 4) of an ineh-per€eet,ekeept--that when it
is ' eat to-ebtain-phi-s slepe, then a s-lepe of net less
than ene-eighth (1/8) ef an ineh per feet may be used when appreved
by the Gity.
7-7 . 005 A clean-out shall be placed in every building sewer within
five (5) feet of each building, at all changes in alignment or
grade in excess of twenty-two and one-half (22-1/2) degrees within "
five (5) feet of the junction with the public sewer or at the
right-of-way line, as directed by the City Engineer, and at
intervals not to exceed one hundred (100) feet in straight runs.
The clean-out shall be made by inserting a "Y" fitting in the line
and fitting the clean-out in the "Y" branch in an approved manner.
However in the case of the clean-out near the junction of the
public sewer, the "Y" branch shall be extended to a depth of not
more than tfeet, ner-less-than one (1) ` foot below the
surface of the ground before the clean-out is installed.
.
publie sewer, shall be eevered er eeneealed in any manner until
has been i.—ted ev .
7-7 - 90:7 All gid-all j emits-in eaeh-build' s eweare to b
watertight and shall be tested bjfillAng- -the building-s ew.e= y?-ith
water, in its entirety er in seeti-ens; in--sueh a-manner that ne
part is tested with less than-a-trree- 3-) feet he?d ef-,oatcxTV-
meniteri required,
as-direetedfthe-alignment e
quest-i-enab l e.
7-7. 998 Drain iq servi q fixtures lBeated at-an-elevatien
ef less than ene feet abeve the nearest upstream manhele eever
the main sewer aid fixtures shall: drain by gravity in
the-ma •••3e be-pr-eteeted-prem baekf flew of sewage by
installing an 1 preteeted ferm baeleflew of sewage-by-
installing-ana ape--baele water-valve, and eaeh sueh ba
water valve sha-ii bee installed-e e braneh-er seetYenef
-
t-he
less than e feet abeve the nearest upstream manhele Bever.
CHAPTER 8. MAINLINE EXTENSIONS
7-8. 001 Service to Areas Outside Existing System:
(e) The City may approve a refund reimbursement agreement
with persons who have paid more than their proportional
cost of the sewer service extension. The agreement shall
provide for reimbursement of the excess cost borne by
said persons at such time within fifteen (15) years as
money is paid to the City for service from said sewer
extension. The City shall require the applicant to file
and have approved by the City Engineer a reimbursement
map showing the method and amount of cost spread to each
future connector to the sewer extension.
7-8.003 Annexatiian Extension fee payment The at! extension
fees shall be paid before a permit is issued for a sewer connection
pursuant to this Chapter in that amount as set forth in Chapter IV.
For the purposes of this chapter, lot splits or changes in use of
lots shall be considered an xat! extension for the payment of
the annexati extension fee.
CHAPTER 9 . PROHIBITED DISCHARGES
7-9. 002 Other prohibited discharges designated No person shall
discharge or cause to be discharged any of the following described
waters or wastes to any public sewers:
(a) Any gasoline benzene, naphtha, fuel oil, or -other
flammable or explosive liquid, solid or gas that has a
closed cup flashpoint of less than 140 degrees F or 60
degrees C using the test methods specified in 40 CFR
261:21.
(b) Any waters or wastes containing toxic, infectious, or ,
or poisonous solids, liquids, or gases in sufficient
quantity, either singularly or by interaction' with other
wastes, to injure or interfere with any waste water
treatment process or constitute a nuisance or hazard to
humans, er- animal, the local environment, or create any
hazard in the reeeiii-ng--waters e€—the ste ate
treatment pla hazardous condition to occur in the
sewage system.
(c) Any waters or wastes having a pH lower than 5.5 or higher
than 9, or having any other corrosive property capable
of causing damage or hazard to structures, equipment, and
personnel or the wastewater treatment and collection
system.
(g) Any waters or wastes containing suspended solids or
oxygen demanding pollutants or such character and
quantity that unusual attention or expense is required to
handle such materials at the wastewater treatment plant.
(I) Any water added to a wastewater discharge for the sole
purpose of dilution as a means to achieve compliance with
any pretreatment standard or local limit;
(j) Any waters or wastes containing any radioactive materials
or wastes of such half-life or concentration that they do
• not comply with regulations issued by appropriate
authorities (section 30285 and 30287 of the California
Code of Regulations) ;
(k) Any waters or wastes containing color which is not
removed in the ordinary Wastewater Treatment Plant
process;
-7w9.-aUS' treatMent-F4Tcilities -Where pretreatment'"of'-disd°harge
required by the City, the necessary facilities shall be provided,
operated and maintained at the user's expense. Detailed plans
showing the facilities and their operating procedures shall be
submitted to the City for review. Such plans must be acceptable to
the City before construction is begun. Any changes in the
pretreatment facilities or method of operation must be reported to
and approved of by the City prior to implementation of the proposed
changes. Operational difficulties or failures of pretreatment
facilities shall be reported immediately to the City.
7-9.007 Control Manhole: When required by the City, the owner of
any property served by a building sewer carrying industrial wastes
shall install a suitable control manhole in the building sewer to
facilitate observation, sampling and flow measurement of the
discharge. Such manhole, when required, shall be accessible and
safely .located, _and shall be constructed in accordance with plans
approved by the City.. The manhole shall be installed by the owner
at his expense and shall be maintained by him so as to be safe and
M accessible at all times.
7-9. 008 Measurements and Tests: All -measurements, . tests and
analyses of the characteristics of water- and wastes shall be
determined by the testing procedures specified in 40 CFR Part 136.
When required by the City, the industrial user shall provide safe
and secure access to the proper sampling point for the
determination of compliance with federal categorical standards
and/or local discharge limits. This may require the installation
of a control manhole as described above. All testing shall be
performed by an approved laboratory and conducted at the expense of
the discharger.
CHAPTER 12 . POLICY STATEMENTS
The following Policy Statements are hereby adopted by the City
of Atascadero to be a part of this Ordinance.
7-12 . 001 All sewer main extensions are to be funded by those
requesting annexatien service.
7-12 . 002 Annexatiens Extensions must be contiguous to the existing
Maintenance Districts, however, for a problem sewer area, the City
Council may annex extend service to public areas to provide
continuity.
7-12 . 003 In consideration of the annexati extension requests,
the City Engineer may be required to furnish an engineer's
evaluation of adequacy of existing sewer mains affected by the
service extension. This would include an evaluation of the down-
stream line capacities as well as any possible upgrading of
existing lift stations.
7-12 . 004 On-going service to the annexed areas serviced by the
extension shall not require substantially higher costs than other
areas presently served. Typical of this consideration would be a
need for an additional sewer lift station.
7-12. 005 rnnexatiens Extensions will be processed as outlined in
Chapter 8 of this Ordinance.
7-12 . 006 nnexat Extension fees, based on use, will be due and
payable upon application for annexati - extension or lot splits or
use change or rezoning.
7-12 . 007 Should the proponent of the annexati " extension wish to
receive reimbursement for any sewer main extension by those
connecting within the annemed newly served area, then the proponent
shall file a reimbursement map with the City upon completion of the
extension.
4-12 . 908 Annexatiens beeene veid if eenneetien is net made wit
12 faenths after the fees will be deemed fer fe,
after that _Re-affil ieatien shall:l l �rc such new fees as ars
set—€erth in this—Or-d-i-n..nee. This seetie- shall apply—te
=paean—lets that—are—Merged—within—ene yearer, paean—lets-�e
whieh the sewer main has—been—extended thin--erre-year er vaea
lets—i hieh abut—upen aid-emisting sewer mai n
7-12 . 013 Where there is a change of use from apartments to
condominiums, the applicant shall pay the difference in current
fees and rates as established by this Ordinance prior to the
approval of such change. Specifically, an apartment complex which
is converted to condominiums shall be assessed a connection charge
of forty (40) dollars per unit and an annemati extension fee of
eighty (80) dollars per unit.
OOOOS(
ATTACHMENT "B"
..w.' . .w..... ..•at'
ZMA-
2. ORDINANCE NO. 246 - AMENDING TIME 7 OF TH& CITY MUNICIPAL
CODE (SANITATION ORDINANCE)
(Recommendation to waive reading in full and approve on first
reading, by title only)
Greg Luke, Public Works Director, presented the staff report and
recommendation. He pointed out that the primary purpose of the
ordinance was to establish an equitable agd, enforceable triggering
mechanism for requiring hook-up to the public sewer system.
Responding to brief questions from Council, Mr. Luke reported that
hook-up is mandatory only for those within the Urban Services Line
(USL) . He also clarified that if a septic system fails, a property
owner cannot get a permit for another septic tank.
Public Comments:
Whitey Thorpe spoke in support of the ordinance claiming that it
made sense and urged adoption.
Carl Rounds, 9550 Marchant Way, shared concern for possible
pollution to the Atascadero Lake from lots in "Cease & Desist"'
areas that have not yet hooked up to the sewer and inquired about
the status of compliance with Regional Water Quality Control Board
(RWQCB) mandates. In addition, Mr. Rounds urged the Council to
extend the USL to include lots on Santa Rosa also part of the
"Cease & Desist" area.
----End of Public Testimony----
Councilman Nimmo asked if extending the USL to include lots on
Santa Rosa could be added to the first cycle of General Plan.
amendments, as part of Item #D-1. The mayor indicated that the
matter could not be added now at this late date, but could be
brought back in the future.
Greg Luke emphasized that the order of the RWQCB requires that
sewer be made available to all lots in. Cease & Desist areas. He
reported that the proposed ordinance provides that: sewers be
constructed, costs to the properties in the assessment district
affected will be placed on the tax rolls and hook-up will be
required when septic systems fail.
Councilwoman Borgeson indicated opposition to the procedure
proclaiming that some. will never hook-up and yet they will be
paying for the sewer.
Councilman Lilley mentioned that he believed it would simplify the
matter to mandate hook-up and assess properties not only for the
sewer line but for the: cost of the hook-up as well. He further
suggested that the property owner could be given a choice of` paying-
up front or having the cost. placed on the tax rolls. By consensus,
Council directed staff to prepare. an alternative° ordinance-
outlining- this kind of: approach. and bring the matter- back at- the--
next meeting.
00005'7
ATTACHMENT "C"
RESOLUTION NO. 57-92
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DECLARING THE INTENTION TO EXERCISE ALL POWERS AFFORDED
BY STATE OF CALIFORNIA HEALTH AND SAFETY CODE SECTION 5463
Whereas, The City of Atascadero is subject to the Regional
Water Quality Control--Board, Central Coast Region Cease and Desist
Order No. 81-60 which requires the City to provide sewer service to
certain areas; and
Whereas, The Council has desires to abate any condition which
is presently or has the potential to degrade surface or ground
water quality; and
Whereas, sewers have been constructed or will be constructed
to provide public sewer service in the Cease and Desist areas; and
Whereas, the City Council finds that it is necessary to
exercise all of the enforcement powers endowed by the State of
California to ensure that all structures with plumbing fixtures
within the Cease and Desist areas are connected to the public sewer
when available;
Therefore, be it resolved that the City of Atascadero assumes
and will proceed to exercise all of the powers afforded the City
under the State of California Health and Safety Code Section 5463,
a current copy of which is attached for reference purposes.
On motion by Councilman Nimmo and seconded by Councilman
Dexter, the foregoing Resolution is hereby adopted in its entirety
on the following roll call vote:
AYES: Councilmembers Borgeson, Lilley, Nimmo, Dexter and Mayor
Shiers
NOES: None
ABSENT: None
ADOPTED: June 9, 1992
ATTEST: CITY OF ATASCADERO
LEE RABOIN, Ci y Clerk ALDEN SHIERS, Mayor
i
0000 s
Resolution No. 57-92
Page Two
I
APPROVED AS TO CONTENT:
GREG LUKE
Director of Public Works
APPROVED AS TO FORM:
AR HE M N ANDD
City Attorney
000059
ATTACHMENT "D"
` ID#3 400100001
CALIFORNIA REGIONAL X&TER QUALITY CONTROL BOARD
t CENTRAL COAST REGION
CASE AND DESIST ORDER NOS. 92-68
ORDER REQUIRING WE CITY OF ATASCADERO,
SAN LUIS OBISPO COUNTY,
TO CEASE AND DESIST FROM DISC GING RASTB CONTRARY
TO REQUIREMMS PRESCRIBED BY THE CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD, CENTRAL COAST REGION
The California Regional Water Quality Control. Board, Central Coast
Region (hereafter Board) , finds:
L. The City of Atascadero (hereafter Discharger) operates a
wastewater collection, treatment, and disposal system to
provide sewer service to the City.
2. Treated municipal wastewater is discharged to disposal ponds
adjacent to the Salinas River and reclaimed on a nearby golf
course (shown on Attachment A) .
• 3 . The discharge is subject. to Waste Discharge Requirements Order
Na. 88-84 adopted July 8, 1988. Waste Discharge Requirements
implement state regulations and specify, in part:
"A. Prohibitions
"l. Discharge to areas other than the golf course irrigation
areas and wastewater disposal ponds shown in Attachment:
"A" , is prohibited.
"2. Effective July L, 1989, the discharge- of sludge- and
septage, not in accordance with an Executive Officer
Approved Sludge and Septage= Management Plan, is.
prohibited'..
03. Bypass- of the treatment facility and discharge. of
untreated. or partially treated wastes directly to
disposal ponds or golf course irrigation_ areas, is.
prohibited.
"B'. Discharge. Specifications
"2. Effluent. shall not. exceed-the following limitation:
000060
C & D Order No. 92-68 -2- July 10, 1992
Daily
Parameter Units Maximum
Total Dissolved Solids mg/l 1,000
Sodium mg/1 200
Chloride mg/1 250
Total Nitrogen (as N) mg/l 50
Biochemical Oxygen mg/l 100
Demand, Soluble, 5-Day
"
3 . Ef f luent shall not have a pH less than 6 .5 or greater
than 8.4.
"D. Reclamation Specifications
111. Reclaimed water discharged to the golf course irrigation
area shall not contain constituents in excess of the
following:
Monthly
Unit of (30-Day) .
Constituent Measurement Averacte Maximum
Biochemical Oxygen mg/1 40 100
Demand, Soluble, 5-Day
Total Suspended Solids mg/1 60 100
Settleable Solids m1/1 0 .1 0. 3
"2. The median number of coliform organisms in reclaimed
water supplied to the golf course shall. not exceed 23 per
100 milliliters, as determined from the bacteriological
results of the last 7 days for which analyses have been
completed, and the number of coliform organisms shall not
exceed 240 per• 100 milliliters in any two consecutive
samples .
"4. Free chlorine residual in reclaimed water supplied. to the
golf course shall equal or exceed 1 mg/l, as measured
within the chlorine contact zone.
"5 . A minimum freeboard. of two feet shall be maintained in
the reclamation pond.
•
000061
C & D Order No. 92-68 -3- July 10, 1992
6 . Use of reclaimed water shall cease and all wastewater
shall be diverted immediately to disposal ponds if:
a. Disinfection of wastewater ceases at any time; or,
b. Reclamation specifications are violated or threaten
to be violated.
"E. Provisions
"4. b. Complete a Sludge and Septage Report Due
Management Plan, with January 15, 1989
implementation schedule.
5 . The City of Atascadero shall prepare a Salt Management
Plan, addressing all practical means of reducing
dissolved salts in the discharge and addressing the
impacts of the discharge upon downstream beneficial uses .
This report shall be the basis of establishing final
salts limitations cited in finding No. 4 of this Order.
• The assessment shall be prepared as follows:
Item ComAliance Date
Commence Salt Management and January 1, 1989
Impact Assessment Plan
Progress Report July 1, 1989
Final Report February 1, 1990
This Plan is subject to written approval of the Executive
Officer.
4. On June 12, 1981, the Board adopted Cease and Desist Order No.
81-60 . Order 81-60 required the Discharger to provide sewer-
service to areas C and E (as indicated on Attachment B) and to
submit a workplan (including time schedule) to provide sewer
service for unsewered. areas F, G,_ I and K (as indicated on
Attachment B) . On March 2.7, 1992, the City reported it had
completed. the sewering of areas C and E. However, recent
information revealed that many residences in areas C and E:
have not hooked up to the City sewer system. On March 31,
1992, the Discharger submitted the required workplan.
According to its report, the Discharger has also provided
sewer service to area K. Sewer service has recently been made
available- to area. I, and residents have been notified that
they must connect to the City sewer system within two years .
0000621
C & D Order No. 92-68 -4- July 10, 1992
The Discharger plans to provide sewer service to area F in
July, 1992, - and area G -by July, 1993 . Residents in these
areas will also be required to connect to the City sewer
system within two years.
5 . On March 14, 1989, the Board adopted Cleanup or Abatement
Order No. 89-89 . Order No. 89-89 specifies, in part:
"3 . Submit engineering reports specified by Provision E.4. of
Order No. 88-84,_ by April 1, 1989 . " (Sludge & Septage
Management Plan) .
6. The Discharger has violated effluent limitations for BOD and
pH (B. 2. and B. 3 . of Finding No. 3 above) . Furthermore, the
Discharger has violated reclamation requirements for BOD,
Suspended Solids, Chlorine Residual, disinfection and pond
freeboard as specified in Finding No. 3 above.
7. The Discharger has failed to implement the provisions of Order
Nos . 88-84 and 89-89. Specifically, Discharger has failed to _
submit the reports required in E.4.b. and E.5 . of Order No.
88-84 and Item 3. of Order No 89-89 (described above) .
8 . The Discharger has failed to implement the provisions of Order
No. 81-60 . Specifically, Discharger has failed to complete
sewering of areas C and E (in that residences have not hooked
up to the City Sewer System) .
9 . The Discharger has experienced repeated spills of untreated or
partially treated wastewater in violation of Prohibition A.1.
of Order 88-84.
10 . After due notice to the Discharger and other affected persons,
the Board, on July 10, 1992, in San Luis Obispo, California,
held a public hearing at. which evidence was presented
concerning adoption of a. time schedule for achieving full
compliance with permit conditions.
11. This enforcement action is taken for the protection of the
environment and as such is exempt from the provisions of the
California Environmental Quality Act (Public Resources Code,
Section 21100 et seq. ) in accordance with Section 15321,
Chapter 3, Title 14, California Code of Regulations.
j
C & D Order No. 92-68 -5 July 10, 1992
IT IS HEREBY ORDERED, pursuant to Sectioni13301 of the California
Water Code:
1 . The outstanding requirements of Cease and Desist Order No. 81-
60 are included in this Order. Order No. 81-60 is hereby
rescinded. Furthermore, this document replaces Cleanup or
Abatement Order No. 89-89 . Order No. 89-89 is hereby
rescinded.
2. The City of Atascadero shall immediately cease and desist from.
discharging waste in violation of Waste Discharge Requirements
Order No. 88-84 according to the following time schedule:
a. Immediately cease from delivering reclaimed water to the
golf course until consistent compliance with reclamation
requirements has been demonstrated. The City must submit
a report describing corrective measures and contingency
plans to address reclamation requirements, disinfection,
pond freeboard and overflows. Reclaimed water deliveries
may resume after approval of the Executive Officer.
b. Submit the Sludge and Septage AUGUST 10,. 1992
Management Plan required in Order
No. 88-84 .
C. Submit a plan for maintaining SEPTEMBER 10, 1992
consistent compliance with effluent
limitations . The plan must include
a time schedule for completion of
any necessary facility upgrades.
d. Submit. the Salts Management Plan SEPTEMBER 10, 1992
required in Order No. 88-84.
e. Progress Reports on sewering SEPTEMBER 10, 1992
Cease and Desist Areas I,F,&G MARCH 31, 1993
(Include number of connections JUNE 30, 1993
made to date and number of SEPTEMBER 30 , 1993
connections necessary for
completion) .
f . Complete sewering (including MARCH 31, 1994
residential hookups) of Cease and
Desist area I (see Attachment B) .
g. Complete sewering- (including JULY 10, 1994
residential hookups ) of Cease- and
Desist areas C and E (see_ Attachment B) .
0000611
C & D Order No. 92-68 -6- July 10, 1992
h. Complete sewering (including AUGUST 31, 1994
residential hookups) of Cease and
Desist area F (see Attachment B) .
i. Complete sewering (including AUGUST 31, 1995
residential hookups) of Cease and
Desist area G (see Attachment B) .
3 . The City of Atascadero shall submit written reports within
fifteen ( 15) days after each due date explaining the current
status of the project relative to the time schedule- in
sufficient detail to enable Regional Board staff to determine
compliance status and the circumstances of any noncompliance.
4 . If, in the opinion of the Executive Officer, the City of
Atascadero fails to comply with the provisions of the Order,
including compliance with the above mentioned schedule, the
Executive Officer is authorized to request the Attorney
General to take appropriate enforcement action against the
Discharger, including injunction and civil remedies, if
appropriate; issue an Administrative Civil Liability
Complaint; or refer the City back to the Board for further
enforcement action.
I, WILLIAM R. LEONARD, Executive Officer, of the California
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
July 10, 1992.
c
Executive Officer
sm33 :Atas .c&d
000065
1 ,
Aw'��•yif t '•�
'� 1ST,. �. •\ '� �, �
6 LLJ
10.
h,� + w � i �QIQ-•o �ppp0 ��,
I
000066
ATTACHMENT "E"
MANDATORY SEWER CONNECTION
COST WORK SHEET
EXISTING ASSESSMENT DISTRICT CEASE AND DESIST AREA CHARGES
Lateral Connection Permit 5.00
Septic Tank Abandonment Permit 40.00
Annexation Fee 850.00
Plus lateral installation (cost varies)
Plus Sewer Assessment Fee (varies according to area, see below)
A Sewer Assessment Fee of $400/year is already part of the property
tax for these parcels unless the assessment has been paid off. The
annexation fee may also have been previously paid off.
District 4: (Seperado Area E k Cayucos Area C)
Cease and Desist Area E Sewer Assessment Fee 4343 .77
Cease and Desist Area C Sewer Assessment Fee 3704. 06
District 3 : (Marchant Area)
Cease and Desist Area F Sewer Assessment Fee 4150.00
Cost to parcels in Cease and Desist Areas not part of existing
assessment districts will be required to pay a reimbursement charge
equal to their share of their area's sewer system installation.
Cease and Desist Area I: Reimbursement Fee 4945.00
Cease and Desist Area G: Reimbursement Fee To Be Determined
Cease and Desist Area F (Lake View Area) : Approx. 8721.00
URBAN SERVICE AREAS WITH SEWER AVAILABLE BUT NOT CEASE AND DESIST
Lateral Connection Permit 578.00
Septic Tank Abandonment Permit 40.00
Annexation Fee 1210.00
Plus lateral installation cost (varies)
Plus a Line Tap charge (if necessary) 250.00
000067
MEETING AGENDA
DATE 1/12/93 ITEM# " "I
San Luis Obispo Area Coordinating Council Arroyo
Atacaero
nde
Grover City
Morro Bay
and Regional Transportation Planning Agency Paso Robles
Pismo Beach
San Luis Obispo
- San Luis Obispo County
December 16, 1992
Robert P. Nimmo, Mayor
The City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
Re: The establishment of call boxes on state highways in San Luis Obispo County.
Dear Mr. Nimmo:
The San Luis Obispo Council of Governments (SLOCOG) considered conducting a feasibility
study for the establishment of a Service Authority for Freeway Emergencies (SAFE) at their
December 9th meeting. A SAFE is the agency that organizes and manages a call box program.
The Council decided to seek input from each city to ascertain the level of support for such a
program to determine if an"in-house"feasibility study would be appropriate. We respectfully
request the informational staff report included with this letter be agendized for consideration by
your Council
The California Highway Patrol (CHP) and SLOCOG staff support initiating a call box program.
This motorist aid program is a significant safety improvement for motorists and is a valuable cost
savings measure for the CHP, and local law enforcement agencies. The materials included
provide general information about call boxes and the staff report outlines some of the key
questions for San Luis Obispo County.
SLOCOG requested staff to report back to the Council by the February 3rd meeting. Please
place this item on your agenda and let us know when your City Council plans to consider this
item. We would be glad to attend the meeting and answer any questions you might have. If you
should have any questions or concerns prior to the meeting, please do not hesitate to contact
Peter Rodgers of SLOCOG staff at 781-5712.
Sincerely,
Ronald L. DeCarli
Executive Director, SLOCOG
Max Van Orsdel, Captain
California Highway Patrol
County Government Center, San Luis Obispo, CA 93408;(805) 549-5612
000068
STAFF REPORT
TO: All City Councils in San Luis Obispo County
FROM: San Luis Obispo Council of Governments
RE: Determination of city support for a call box in San Luis Obispo County
OVERVIEW
This staff report provides information on the applicability of call boxes in San Luis Obispo county.
The Council of Governments would like to know the level of support by your Cound for
developing a call box program. More specifically, does your City Council; a) support a
reconnaissance study by SLOCOG staff on call boxes, or b) oppose further research on
developing a call box program at this time?
BACKGROUND
Senate Bill 1199 (Craven/Bergeson) established Service Authority's for Freeway Emergencies
(S.A.F.E.'s) in 1986. A service authority for freeway emergencies may be established if the Board
of Supervisors and the city councils of a majority of the cities within the county having a majority
of the population of the cities within the county adopt resolutions providing for the establishment
of the authority. It would require the formation of another Joint Powers Agreement, or another
"hat" for SLOCOG. The revenue source to fund the program is a $1 increase in vehicle
registration fees. The funds may be used for implementation, maintenance, and operation of an
emergency motorist aid system.
There are other vehicle registration fees that are not related to this program. Assembly Bill 2766
(Sher) authorized a $4 vehicle registration fee surcharge to reduce air pollution from motor
vehicles. Three of the four dollars are currently being used by the County's Air Pollution Control
District and the fourth dollar is not being collected at this time. Also, a vehicle registration fee
increase of $1 was recently approved by the County Board of Supervisors to help fund law
enforcement activities related to motor vehicle use.
DISCUSSION
The Call Box program was developed to enable motorists in need of aid to obtain assistance.
It is a safety program. The primary benefit of a call box system is that it reduces the response
time for the California Highway Patrol (CHP) and other emergency vehicles. The system reduces
the response time to assist stranded motorists, respond to auto accidents,and for reporting other
emergencies (i.e. health problems and natural disasters). The call boxes are basically two-way
cellular phones with direct links to CHP dispatchers. The CHP dispatchers direct your call for
automobile servicing, medical attention, or law enforcement, as needed.
1.
000069
There are a number of questions concerning program development, including:
Is it appropriate in a rural county atmosphere?
Do we have the volume of traffic to really justify it?
Which roadways would they be on?
Why isn't this a State responsibility?
I
Aren't cellular phone replacing the need for call boxes?
How much do they cost and how much money do we have?
The answers to these questions are explained below:
Urban verses rural area usefulness-Currently,the majority of call box programs, or organized .
SAFE's are located in urban areas. But the usefulness of call boxes is not exclusive to urban
areas. Call boxes are a safety improvement for everyone. They reduce the amount of time
necessary to initiate an emergency response, whether it is an ambulance, law enforcement
officer, a tow truck or just a friend.
In rural areas, where it may be a considerable distance to a public phone,the need for call boxes
may actually be more critical. Many rural counties are now banding together to begin SAFE
programs. The obstacle for counties with smaller populations, and correspondingly a smaller
number of vehicles registered, is they do not have the start-up capital to fund call box programs.
Many such counties will approve the program and "bank" the funds until they have enough
funding to begin.
There is also the issue of reciprocation. San Luis Obispo county residents who travel to urban
areas currently have the benefit of using call boxes without paying for them. The motoring public
in this county does not provide this safety improvement for urban traveler passing through this
region. San Luis Obispo and Monterey counties are the only counties on the Highway 101
corridor between San Francisco and San Diego that do not provide call boxes.
In urban areas the volume of traffic and the ability to rapidly remove inoperable vehicles from the
roadway as a congestion management tool is an added benefit. Although this may not apply in
rural areas, a case can be made that isolated, dark, rural highways pose a greater safety threat
than more densely populated areas.
Relation to Traffic Volumes - There is no Average Annual Daily Traffic (AADT) standard for
determining the applicability of call boxes. SAFE's consider all traffic volumes potentially eligible.
Very remote areas for example, may have a low AADTs but due to isolation and a lack of other
communication equipment warrant a call box. The traffic volumes on Highway 101 in San Luis
Obispo County, at approximately 40,000 (AADT), are sufficient to warrant a call box program.
Guidelines are established for the spacing of call boxes based on AADT. The recommended
spacing for areas with AADT's lower that 40,000 is every one mile or more. The spacing on
roadways with ADTs higher than 100,000 is every 1/4 mile to 1/2 mile. Freeway call boxes are
situated in pairs directly across from each other to reduce the temptation to cross the highway.
2.
0000'70
Candidate Highways for Call Boxes - Call Boxes can be located on any highway or county
roadway regularly patrolled by the CHP. In San Luis Obispo, it is anticipated that the call boxes
could be located on Highways 101, 1, 41 and 46.
The State role in the Call Box Program - The State has a relatively minor role in this program.
Their function has been one of coordination. Caltrans provides specifications for call box spacing,
placement, size, shape and color of the call boxes etc.. Caltrans also issues permits for the
construction and maintenance of the call boxes. Caltrans does not operate the program, the
SAFE does. It has been suggested that Caltrans take a more assertive tole to provide call boxes
along critical segments of all state highways. But Caltrans prefers a local agency commitment
to development and operation of the program.
Call Boxes vs. Cellular 9-1-1 - One of the key benefits of call boxes over cellular phones is an
automatic location identification system. Incident reports with cellular 9-1-1 may have significant
locational errors. With call boxes, the CHP dispatcher knows the callers exact location. Call
boxes also reach the highest proportion of drivers. The current market penetration of cellular
phones is roughly 5%. Non-emergency calls on cellular 9-1-1 for other drivers are reportedly
rare. Call boxes are available 24 hours/day, 7 days/week on all covered highways.
Capital and Operating Costs- Developing and operating a call box program is not cheap. The
cost per unit is between $2500 and $3000. The "turn key" price, or the cost to start up the
program is estimated to be $5000 per box. Operating costs per box are estimated to be $1000
per year. Currently, a$1 vehicle registration fee would generate revenues of about$174,000 per
year in San Luis Obispo County.
The information above suggests that the first phase of a SAFE program could operate as many
as 100 call boxes and the start-up costs would be approximately $500,000. If a $1 vehicle
registration fee were collected today, it would take two and one haft years to accrue the
necessary funds. But many other options and alternatives are available. A smaller project could
be phased-in over time, or the start-up costs could be used from another funding source.
Eleven counties currently have SAFE programs, including Santa Barbara County, where the call
boxes extend along Highway 101 to the San Luis Obispo County line. The call boxes are spaced
approximately one mile apart and the calls are dispatched to the San Luis Obispo California
Highway Patrol office. Much of the ground work to initiate the program in San Luis Obispo
County has already been completed. CHP dispatchers have been trained for the program, the
required computer hardware and software has been purchased, and the cellular network has
been established.
CONCLUSION
SLOCOG staff recommends that your Council provide conceptual approval for an in-house
feasibility study, or reconnaissance be conducted next fiscal year to further scope out the
applicability of a SAFE program to the region. It is important that an analysis of potential site
locations, the number of call boxes, and a documentation of available financing be determined
before any consideration of a vehicle registration fee increase. The in-house study would require
approximately 20 man days and the total expenditure of funds would be approximately $3,500.
The current market price for a call box feasibility study for counties of similar size is $15,000.
Prepared by Peter Rodgers 3. c:\pete\caluetr.oc
0000'71
REPORT TO CITY COUNCIL
is
CITY OF ATASCADERO Agenda Item: D-2
From: Andy Takata, Asst. City Manager
Through: Ray Windsor, City Manager Meeting Date: 1/12/93
SUBJECT: Location of City department offices and community groups
(Loaves & Fishes)
RECOMMENDATION:
Council review and consider the proposed options for Administra-
tion Building space use and provide staff direction.
DISCUSSION:
Per the direction of Council, staff has reviewed the options to
determine the location of the various department offices and
community groups within the City Administration Building. After
review, staff has arrived at five viable options for Council con-
sideration. Within each option, there is a cost associated with
the move(s) involved. It costs approximately $45.00 per line for
movement of telephone lines, plus added costs to; move computer
networks.
Option #1: Allow the City offices to remain as present, allow-
ing Loaves & Fishes to utilize either the Geneological Society
area, which would have to be moved to the Third Floor, or the Dial-
A-Ride area, which would in turn have to be moved to the Third
Floor.
Advantages: Lack of funding necessary to relocate other City
offices. Provides space for Loaves & Fishes within
City Hall.
Disadvantages: Inconvenience to Geneological Society and Dial-A-
Ride, which moved last year, as well as cost.
Option #2: Place the departments that are most utilized by the
public on the First Floor, i.e. , Community Services and Community
Development (including Engineering) , and utilize Second Floor for
Administration (including Finance) . Third Floor would be left for
any remaining offices needed and for community groups, including
Loaves & Fishes.
Advantages: Having the departments with high public contact
closest to walk-in traffic.
• Disadvantages: Placing Loaves & Fishes and Geneological Society on
the Third Floor would make them less easily
accessible, and the costs associated with moving
computer networks and telephones to the First
Floor.
0000'72
Option #3: Placing community groups on the First Floor,
Community Development and Community Services on the Second Floor •
and Administrative Services/Finance, which are less public traffic-
oriented, on the Third Floor.
Advantages: Would allow the community groups and the City de-
partments with the highest volume of public contact
to be within the first two floors of the building.
Disadvantages: Costs associated with general relocation and move-
ment of phone and computer lines.
Option #4: Locate Community Services and Administrative Ser-
vices on the First Floor, Administration and community groups on
the Second Floor, and allow Community Development/Engineering to
remain on the Third Floor.
Advantages: Allows Administrative Services to be on the First
Floor for any public access, e.g. business license
transactions, and the administrative advantage of
having all of that department' s staff within one
general area.
Disadvantages: Administrative Services is not as highly a public
traffic-oriented department as are Community
Development or Community Services. There would be
a conflict of uses in locating the community groups
on the same floor, and the drawback of the costs
associated with movement of phone and computer
lines.
Option #5: Placing Loaves & Fishes in the Historical Society
House located on Atascadero Creek. After discussions with the
Atascadero Historical Society, they are reviewing the possibility
of the Historical House use by Loaves & Fishes and are interested
in obtaining a long-term lease for the Lower Rotunda.
At the time of this memorandum, the Historical Society has not met
concerning the Historical Society House. Staff will know the
outcome by City Council meeting time.
AT:cw
•
0000'73
M E M O R A N D U M
TO: Andy Takata, Assistant City Manager
FROM: Henry Engen, Community Development Director .
DATE: January 5, 1992
SUBJECT: Third Floor Relocation Alternatives
BACKGROUND•
Per your request, the following outlines the pros and cons of
relocating community Development and Public Works functions to
either the first or second floor. By way of historical back-
ground, it should be recognized that Planning, Building, and
Engineering used to be scattered around the building and that it
took six years to bring together these interrelated functions into
a single location on the third floor in 1990.
FIRST FLOOR LOCATION - ADVANTAGES/DISADVANTAGES:
The main advantage of being on the first floor is also one of its'
disadvantages, i.e. , public access. When we were on the first
floor we had to respond to numerous inquiries and questions that
were unrelated to Community Development and interfered with our
primary mission. The primary disadvantage to both the first and
second floors is that the functional relationships don't work in
terms of arranging for appropriate relationships between staff
members and tasks. Prior to moving to the third floor, Steve
Hicks, who is a graduate Architect and has extensive experience as
a space planner, evaluated alternatives and the only one that came
close was the third floor. This is partly due to the size of rooms
310 (Building) and 312 (Planning) , which can accommodate both staff
and supporting files for these functions, together with providing
ready access to a centralized public counter in room 311. This
space arrangement relationship is basic to providing a good public
service response.
The other big disadvantage in considering the move would be cost,
as noted hereafter.
0000'74
SECOND FLOOR LOCATION - ADVANTAGES/DISADVANTAGES:
Comments relative to the first floor essentially apply to
consideration of the second except that it requires use of
stairways or elevator for access.
THIRD FLOOR LOCATION - ADVANTAGES/DISADVANTAGES:
The primary advantage is that it works and provides as optimum an
interrelationship between Planning, Building and Engineering that
can be obtained given a circular building and its room configur-
ations.
Since moving to the third floor, considerable monies have been
expended to customize work spaces. These include specialized track
lighting, an interconnected computer network, telephone system,
individual work stations, customized Building Technician work area,
built-in public counters, conference rooms, shelving and storage
space. Walls have been moved and constructed, doors relocated,
carpeting installed, drop ceilings and lighting enhanced, and
public information/sitting areas established. The investment is
difficult to cost out in that it came out of a variety of budgets
over several years, but $90, 000 would probably be conservative. A
f inal intangible cost would be the negative impact on morale in
that employees have benefitted, as has the public, by a closer
working arrangement and enhanced communication between employees
engaged in the community development process.
CONCLUSION•
The advantages to leaving Community Development and Engineering on
the third floor dramatically out-weigh any perceived advantage of
making a move to either the first or second floor.
HE:ph
0000'75
1
MEMORANDUM
To: City Council
From: Andy Takata, Asst. City Manager
Subject: Location of City Department Offices and Community Rooms
Date: December 24, 1992
As per the direction of the City Council, staff has reviewed many
options to determine where the department officesand community
group offices should be located. This is a draft for your review
so that Council may begin to formulate their feelings regarding the
locations.
A full complete staff report, with pros and cons of each of the
options and costs associated with those moves, will be forwarded
for the January 12, 1993 Council meeting.
The attached options are based on several discussions with differ-
ent members of the Council as well as members of the community.
Option #1 shows that the departments who are impacted by walk-in
traffic could have priority of being located on the first floor.
Option #2 shows Administrative Services coming down to the first
floor so they can combine their offices as one. Option #3 shows
that all City offices could be located on the 2nd, 3rd and 4th
floors, with the first floor remaining available for community
group use.
Obviously, the Council could choose any of these options or come up
with a more creative solution. In addition, the Historical Society
has contacted me in regards to obtaining a long-term lease in the
Lower Rotunda. At the same time, they could possibly abandon use
of the Historical House located on Atascadero Creek. I have sug-
gested to the Historical Society the possibility of leasing the
Historical House to Loaves and Fishes. The Historical Society
Board of Directors will be meeting in early January to determine if
this is feasible.
Please let me know of any input or concerns you may have, so that
I can address them at the January 12th meeting.
AT:cw
c: Ray Windsor
0000'76
21
0 o
o o o $
0
n D b 00 2 n n b b br- 00 Z
33 33 � 3 93 a3 * 3 3. 0
3 3 ° 3 c m
� 3
? n1 � " :d "�. '}7 «G � Nom"•
Q, N
CD 0
co
a� 5 N $ � y g < o om $ c
X CD
m 3m 03
to °
o m c.
N
C ami m to �-
3 0 <
Sb G7 o m m ° O
a c o �.
.. m m m
3
a g c
CD n =
C o M cc
Cl) o °'
13o o o m m Go 0 m
o $ c
1 $ 3 0
0 0 o CL a 0 3 N
w
CD
a cD m CDm
� m m
s?e 0
� � N
0
0
N
0000
REPORT TO CITY COUNCIL Meeting Date: 1-12-93
CITY OF ATASCADERO Agenda Item: D-3
Through: Andy Takata, Assistant City Manager
Via: Henry Engen, Community Development Director H6
From: Steve Sylvester, City Engineer
SUBJECT:
Conditional acceptance of portions of San Marcos Road and Vista
Road into the City Maintained System
RECOMMENDATION•
Adopt Resolution No. 03-93
BACKGROUND:
The property owners living along certain portions of San Marcos
Road and Vista Road expressed their desire to make all the
improvements necessary to have these roads accepted into the City
Maintained System. These improvements are to be designed,
contracted and paid for by the property owners on these sections of
road.
The portions to be improved include 3300 feet of San Marcos Road
east of Portal-Escondido Road and 1500 feet of Vista Road south of
San Marcos Road.
DISCUSSION•
Staff has reviewed the preliminary plans for the proposed
improvements and, upon final approval, is prepared to accept the
plans submitted for these improvements to be in conformance with
City Standards.
Once the improvements are constructed to the satisfaction of the
City Engineer, these portions of San Marcos Road and Vista Road
will be eligible for acceptance into the City Maintained System.
It should be noted that this is a totally private road improvement
program. The City has no authority to remedy any conflicts which
• may occur by the assement of fees or the collection of fees for
these proposed improvements.
000078
FISCAL IMPACT•
There is no capital cost to the City. The property owner's will be
required to enter into a plan check & inspecton agreement to recoup
administative and technical support costs incurred by the City.
9212609.ATA
0000,79
RESOLUTION NO. 03-93
RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO ESTABLISHING AN UNDERSTANDING OF CONDITIONAL
ACCEPTANCE OF A PORTION OF VISTA ROAD INTO THE CITY'S MAINTAINED
ROAD SYSTEM
WHEREAS, certain property owners living along San Marcos Road
and Vista Road desire to design, contract and pay for the
improvements required to have portions of these roads accepted into
the City Maintained System; and
WHEREAS, the portions to be improved include the 3300 feet of
San Marcos Road east of Portal-Escondido Road and the 1500 feet of
Vista Road south of San Marcos Road; and
WHEREAS, City Engineering Staff has reviewed the improvement
plans and is further prepared to accept the plans submitted for the
proposed improvements to be in substantial conformance with City
Standards.
NOW, THEREFORE, BE IT RESOLVED THAT:
It is the intent of the Council to accept portions of San Marcos
Road and Vista Road into the City Maintained System when the
proposed improvements are done to the satisfaction of the City
Engineer.
On motion by Councilmember and seconded
by Councilmember , the foregoing resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST:
CITY OF ATASCADERO
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT
STEVEN J. SYLVESTER, City Engineer
9212610.ATA
000080
A
1
r
r
e
CITY OF ATASCADERO
JANUARY 12, 1993 CITY COUNCIL REGULAR MEETING
CONDITIONAL ACCEPTANCE OF PORTIONS OF
SAN MARCOS AND VISTA ROADS INTO
THE CITY MAINTAINED SYSTEM
000081
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda. Item: D-4
Through: Andy Takata, Assistant Meeting Date: 01/12/93
City Manager
File No: ZC #92008
From: Henry Engen, Community Development Director V
SUBJECT•
Adoption of an ordinance amending the Zoning Ordinance map by
rezoning certain real property at 5000, 5020, 5040, 5060 Marchant
Avenue.
RECOMMENDATION:
Approval and adoption of Ordinance No. 263 on second reading.
BACKGROUND•
On December 8, 1992, the City Council conducted a public hearing on
the above-referenced subject. The Council concurred with the
Planning Commission's recommendation and approved Ordinance No. 263
on first reading changing zone designations from CP (Commercial
' Professional) to CT (Commercial Tourist) .
HE:ph
Attachment: Ordinance No. 263
cc: Jim Grinnell
i
000062
ORDINANCE NO. 263 •
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 5000, 5020, 5040, 5060
MARCHANT AVENUE (FMLY 6325 TECORIDA AVENUE) FROM CP(FH) TO
CT(FH) (PD10)
(ZC #92008: GRINNELL)
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan in effect at the time of application
acceptance, as required by Section 65860 of the California
Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on October 20, 1992, and has recommended approval of Zone
Change #92008.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptance.
2. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is- adequate.
4. Modification. of development standards or processing-
requirements is warranted to promote orderly and
harmonious development.
5. Modification of development standards or processing
requirements will enhance the opportunity to best
utilize special characteristics of an area and will
have a beneficial effect on the area.
000063
Ordinance No. 263
Page 2
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
7. The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2. Zoning Map.
Map number 17 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
is hereby amended to reclassify the parcels listed below, and
shown on the attached Exhibit A, which are hereby made a part of
this ordinance by reference.
Parcels 1, 2, 3, and 4; PM 48/OR/62
(AT 88-099)
Development of said property shall be in accordance with the
standards of the Planned Development Overlay Zone No. 10 (Exhibit
B) , the approved Master Plan of Development (Exhibit C) , and any
conditions of approval imposed during the approval of this zone
change and/or any other associated applications.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen ( 15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved
by the following roll call vote:
AYES:
NOES:
ABSENT:
000084
Ordinance No. 263
Page 3
By:
DATE ADOPTED: ROBERT P. NIMMO, Mayor
City of Atascadero, California
ATTEST:
LEE RABOIN, City Clerk
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
000085
di VP
;AIR
do
now,
sk foal,
Al fto�
iL An 41
(AIR
Ob
ordinance o. 263
E ibit B
9-3. 654 Establishment of P1 ned Development Overlav Z ne No. 10
(PD 10) . Planned Development overlay Zone No. 10 is es lished as
shown on t e Official Zoning ps (Section 9-1.102) . T e following
developmen standards applic le therein are also es ablished:
(a). All hysical Bevel pment of the site. sha conform to as
appy ved Master P1 of Development. A lications for a
Maste Plan of Development shall be mad in the same form
as tha prescribed or either a conditional use permit or
tentati a map. Any conditions of app oval imposed during
approval of the flaster Plan of evelopment, or any
associate applica ion, shall be mplied with.
(b) Allowable es: T e following u es shall be allowed in
Planned Deve opme Overlay Zo No. 10:
1. Eating inking p aces (exclusive of drive
through fa ' ities)
2. Hotels and m els
3. Libruies an i s
4. Temporary Ev ant See Section- 9-6.177)
F3 W Ameement Ge
45. Temporary seasona sales (See Section 9-6.174)
,z6. Offices
.87. Persona services, where eas of use are less than
1000 s areet per store
(c) Condition Uses: The following u s may be allowed if
specificly ap roved in conj ction with the
aforeme tioned ter Plan of Develo eat for the site,
or an pproved am ndment thereto:
1. Indoor recrea ion services-
2 Public assemb y and entertainment
3. Auto, mobileh a and vehicle dealers d supplies
(See Section. 9 6.163)
4. Sales Lots (Se Section 9-6.139)
S. Amusement Servi es
.000087
000229 -00ftbi -
(REVISED 10 -20-92
Ordinance No. 263
Exhibit B
9-3.654. Establishment of Planned Development Overlay Zone No. 10
PD 10) . Planned Development Overlay Zone No. 10 is established as
shown on the Official Zoning Maps (Section 9-1. 102) . The following
development standards applicable therein are also established:
(a) All physical development of the site shall conform to an
approved Master Plan of Development. Applications for
Master Plan of Development shall be made in the same form
as that prescribed for either a conditional use permit or
tentative map. Any conditions of approval imposed during
approval of the Master Plan of Development, or any
associated application, shall be complied with.
(b) Allowable Uses: The following uses shall be allowed in
Planned Development Overlay Zone No. 10:
1. Hotels and motels
2. Libraries and museums
3. Temporary Events (See Section 9-6. 177)
4. Temporary and seasonal sales (See Section 9-6. 174)
5. Offices
6. Personal services, where areas of use are less than
1000 square feet per store
(c) Conditional Uses: The following uses may be allowed if
specifically approved in conjunction with the
aforementioned Master Plan of Development for the site,
or an approved amendment thereto:
1. Indoor recreation services
2. Public assembly and entertainment
3. Auto, mobilehome and vehicle dealers and supplies
(See Section 9-6. 163)
4. Sales lots (See Section 9-6. 139)
5. Amusement Services
6. Eating and drinking places (exclusive of drive
through facilities)
•
ORDINANCE NO. 2 b 3 EXHIBIT C
Page 1 of 1
J am?' i�►- --.�... - ......... 1
t • 1 .. I r�
14
tt
� r
I •'
• MASTER PLAN OF DEVELOPMENT
(see PP #20-88, revised)
000088
8�£16x3tT`