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HomeMy WebLinkAboutAgenda Packet 10/10/1995 PUBLIC REVIEW COPY AGENDA 40 ATASCADERO CITY COUNCIL I REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA f 00M Tuesday, October 10, 1995 7:00 p.m. This agenda is prepared and posted pursuant to the requirements of Government Code Section 54354.2. By listing a topic on this agenda, the City Council I as expressed its intent to discuss and act on each item. In addition to any action idea ified in the brief general description of each item, the action that may be taken shall incl de: A referral to staff with specific requests for information; continuance; specific cilrection to staff concerning the policy ormission of the item;discontinuance ofconsideration;authorization to enter into,negotiations and execute agreements pertaining to the' em; 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 (Roo 208)and in the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you needs '1 assistance to participate in a City meeting or other services offered by this City,pleas contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (' 05) 461-5074. Notification at least 48 hours prior to the meeting or time when service; are needed will assist the City:staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. INTERVIEWS (Open) - 5:30 P.M. (4th floor Club Rm.): A. interview candidates for City Treasurer B. Select, by ballot, one C. Resolution No. 97-95=- Formalizing the appointme t CLOSED SESSION - 6:30 P.M. (4th Floor Club Rm.): CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Andrew Takata Employee organizations: Mid-Management 'Professio al, Atascadero Fire' Captains, Atascadero Firefighters, Atascadero Sergeants 'Service Organization, Atascadero Police Officers Association, Atascadero Publi Safety Technicians` Organization, Service Employees Intl. Union Local 817 REGULAR SESSION - 7.00 P.M.: (RULES OF PUBLIC PARTICIPATION. PLEASE SEE B CK PAGE) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL COMMENTS PRESENTATIONS: 0 Presentation to outgoing-elected CityTreasurer, Micki Korba © Administration of Oath of Office to incoming appointed City Treasurer O Department of Forestry presentation to City for participation in Community Forest Strategic-Planning Process workshops o Presentation to Kiwanis Club for Lake Park Gazebo Restoration Project o Proclamation observing "Pornography Awareness Week", 10/29-11/5/95 o ' Proclamation observing "Red Ribbon Week", 10123-10/31, 1995 COMMUNITY FORUM: Please see "Rules of Public Participation" (Back Page) O Deputy City Attorney: Status report on the adult book store (verbal) A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. CITY COUNCIL MINUTES - September 26, 1995 Staff & City Clerk's recommendation: Approve 2. APPROVAL OF WARRANTS FOR THE MONTH OF SEPTEMBER, 1995 Staff recommendation: :Approve 3. RESOLUTION NO. 87-95,-Establishing authorized positions and salary schedule for Fiscal Year 1995/96 Staff recommendation: Adopt 4. RESOLUTION NO. 89-95 - Authorizing acceptance of a 2.5-foot drainage easement contiguous to the easterly boundary of Tract 2103 Staff recommendation: Adopt 5. RESOLUTION NO. 91`-95 Authorizing the filing of a claim for Local Transportation Funds and State Transit Assistance Funds in compliance with the Transportation Development Act Staff recommendation: Adopt 6. AUTHORIZING APPLICATIONS FOR REGIONAL STATE HIGHWAY ACCOUNT (SHA) FUNDING: Staff recommendation: Adopt A. Resolution No. 98-95 - Pavement evaluation/surveyr r program am B. Resolution No. 99-95 - Traffic Way bikeway preliminary engineering 2 C. Resolution No. 100-95 -EI Camino Real bikeway preliminary engineering D. Resolution No. 101-95 - Traffic Way Bikeway cons ruction engineering E. Resolution No. 102-95 - El Camino Real bikeway construction engineering F. Resolution No. 103-95 - Urgent storm damage repalirs 7. AUTHORIZING APPLICATIONS FOR TRANSPORTATION EFFICIENCY ACT (TEA) FUNDING: Staff recommendation: Adopt A. Resolution No. 95-95 EI Camino Real bikeway pro ect B. -Resolution No. 96-95 Traffic Way Bikeway project 8. TENTATIVE TRACT MAP 95001, 8805 ATASCADERO AVE. -'Subdivision of two existing parcels into five lots for single falmi y residential use (Fisher/Burton) Planning Commission recommendation: Approve 9. FINAL TRACT MAP 92002, 5100 SAN ANSELMO -Subdivi ion of one 5.3-acre parcel into four residential lots containing approximately 1 .0 acres each and one lot containing approximately 1.5 acres. (Gearhart/Wilson and Surveys) Staff recommendation: Approve (cont'd from 9/26/95) B. PUBLIC HEARINGS: 1. APPEAL OF APPROVED BUSINESS LICENSE AMENDMENT 7377 EL CAMINO REAL - Appeal of amendment allowing outdoor dining at the Village Caffe Planning Commission recommendation: Deny C. REGULAR BUSINESS: 1. PRESENTATION OF PROPOSED REVISIONS TO TITLE 9 OF THE COUNTY CODE RELATIVE TO REGULATION OF ANIMALS Staff recommendation: Provide staff direction 2. AUTHORIZE PLEDGE TO FRIENDS OF THE LIBRARY - Request for $35,000 to be set aside as a certificate of deposit, designated for Atascadero Library expansion Staff recommendation: Approve 3. RESOLUTION NO. 104-95 - Supporting establishment of F Regional Network Consortium Staff recommendation: Adopt 4. RESOLUTION`NO.24-95-Authorizing a lease/purchase agrE ement with Master Body Sales,& Service, Inc., for one four-wheel drive brush fire engine Staff recommendation: Adopt 3 5. ORDINANCE NO. 295 Adopting trip reduction measures in accordance with GovernmentCode Sections 65089 & 65089.3 Staff recommendation: /Motion to adopt on econd reading by title only 6. FINANCE DIRECTOR'S REPORT - June, 1995 Staff recommendation: Approve 7.' COUNCIL CONSIDERATION OF CANCELLATION OF OCTOBER 24, 1995 MEETING DUE TO CONFLICT WITH LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Staff recommendation Cancel D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.); 1. S.L.O. Council of Governments/S.1--.0. Regional Transit Authority 2 City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round"Table 5. Finance Committee 6. Air Pollution Control District 7. 1J,pperSalinas Riv. Coordinated Resource Mgmt. and Planning Committee 8 North County Council 9. Integrated Waste Management Authority E. INDIVIDUAL;DETERMINATION AND/OR ACTION. 1 . City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager 4 i RULES OF PUBLICPARTICIPATION: The City Council welcomes and encourages you ideas and comments as a citizen. To increase the effectiveness of your participation, please familiarize yourself` with the ;follow ng rules of decorum: O Members of the audience may speak on any item on the a lenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted'during the Community Forum period (see below): i o Persons wishing to speak should step to the podium and st a their name and address, for the official record. o All remarks shall be addressed to Council, as a whole, and n t to any individual member thereof. o No person shall be permitted to make slanderous, profane c r personal remarks against any elected official, commissions and staff. o A person may speak for five (5) minutes. O' No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than wice on any item. o 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. COMMUNITY FORUM; o The Community Forum period is provided to receive comm is from the public on matters other than scheduled agenda items. o A maximum of 30 minutes will be allowed for Commu ity Forum, unless Council authorizes an extension. o State law does not allow the Council to take action on issues not on the agenda; staff'may be asked to follow up on such items. "PORNOGRAPHY AWARENESS WEEK October`29 - November 5, 1995 WHEREAS, The united States Supreme court has ruled that obscenity is tot protected syeech under the First Amendment; and SAS, There are Federal and state obscenity laws a6ainst illegal harde are yornodrayhy to protect yublic safety, public health and public morality; and WHEREAS, Pornography degrades and dehumanizes both female and male artteyants; and WHEREAS, Pornograyhy yresents a false and distorted image o f human sexulty, devoid o f the love, commitment and resyonsfbilfty so needed for success in marriage and families; and WHEREAS, much yomoBrayhy features and promotes rape and other anti social behavior fn an era of increasing sexual violence and an eyidemic of sexually transmitted diseases; and WHEREAS, So-called "adult pornography is commonly used by pedophiles desensitize children and break down their resistance to sexual acts; and MIE EAs, children are increasingly molestfng other children in imitation #what they have seen in yornograyhy; and WHEREAS, Americans throughout this great nation will be yartcpattng 'f Pornograyhy Awareness week by disylayfng white ribbons as symbols of community standards of decency to be uyheld by er forcement of obscentty laws; and WHEREAS, These obseentty laws are grounded In contemyorary communitystandards; NOW, THEREFORE, 1 George Hghland, mayor of the ctty of Atascader, do heerd y proclaim the week of October 29 through November 5, 1995 as -PORNOGRAPHY AWARE wEw. GEORGE P. HIGHLAND, Mayor City of Ataseader , CA October 1o, 199 -Red Ribbon week" October 23-31, 1995 WHEREAS, Tobacco, alcohol and other drub use has reached pandemic sta&es in California and throughout the united states;. and WHEREAS, It is imperattve that community members launch unified and visible tobacco, alcohol andother drug'prevention education pro6rams to eliminate the demand for these substances; and WHEREAS, Californians far DrrFree Youth, inc.' coordinates the California Red Ribbon Celebration in cooperation with National Fotmily Partnership to offer our citizens the oppm .%tj' to demonstrate them commitment to healthy, drub f tee ge0s% and WHEREAS, President Sill Minton is the National Honorary Chairman and Governor Pete wilxm and Mrs. Gayle Wllsm are state Honorary chairyersons to provide national ad state locus on a Drug- Free America; and WHEREAS, the Red Ribbon cekebra on will be observed across America during REIN RIBBON WEEK, October 23-314, 1995; and e WHEREAS, Parents, ,Youth, Government, Busch s s, Law F 'rcement schools ReWM Institutions, service Organizations, soul services, Health: services, media and the General Public will demonstrate their commitment to drug free communities by wearing and displaying Red ROOM during this week-loV celebration; NOW, THEREFORE, Be it yrocWW4 that the City council o�f the city of Awradero does hereby support odakr 23-31, 1995, as RED Rrmom wmK ark cncourays all citizens to participate in tobacco, alcohol and other drM yreventan probrams, making a visible sit and commitment to a healthy, drub free community, and to pi e: NO USE OF ILLEGAL DRUGS, AND NO ILLEGAL USE OF LEGAL DRUGS.' GEORGE P. HIGHLAND, Mayor _City of Atamadero, California October 10, 1995` +tea- k`.'s'�i�^•} ,�x r {b 3,.,�+ �L .F(+. e,�'y""�,� �.� a F � I.,�°g�.A �F �� '��.;t' t�. � �.:� ... � r.�. ,f- �,. #'� ":� o-�5 �.�'�4 4� 6 �Y s -.'� ��� y ��` r� -, k "x P� `"`"-f'',� ,r°`'S d '`ky {'�#.z�""�.}�ym'�'"� c �m�,-. • 'f m gxq'.,��.' q, � i t. ,2 r s"s• ? x. � �{*`,'.' ' sSe'��c Ap .' . Ki A NK mpg �s 'a` r`l 5"" - ¢"low"bF to 'Y7 pr 'i a� k. S k}n V'yrt' ¢' x° C- M. pdrWr � p'�E �� 'c"� z ".... h •°-i'-� 1115 ` 5-z5g HA r „ z _.;rf >_. C '.'� ,dy°,.ih. �� w- t ,K *��,.� GIN s t ,. ,�. ��6.:�q-i•,.�' " "��'ro'i 'sp �,�s"' ,��,. "^"-',#§� a �- s � s rmp>x � '°#-•rB*� ��. i.a vx-:. .�`..ua .0 _ 'acd.f a r ne ��'.+.,�';r x,;�. J' �'w ka,t . �'> i x +� y :{.. 141 5W 4 • K �t x NO, "!� 'f`r x• k y 'x! F. j € '` ax.�o- t's. 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I 'x> a y'n �''�£' ID I AAMWA Ull fit 5, g-A n r s a ^� - ia' .,, -'s` Y ;#w �,r`. :? r } a og Y„ `4`a >+t�.� +' � �z� �. •'+� �ta LI t }�` fig#r �-' � `L < �` Wei s '0101. SFr �.`> F Jrt "jd F' .A 1 3 '- ,yt ^'k S f" A-1 Ail. mi, _ WIN va c k a '' mg m MIR y, � �.'f $ a r'r J ,,, ,�, ,( ,s ` 'MI, gw- 0 A- 1 ANY Sy I Public Comments: Thomas Austin, 10780 EI Camino Real, urged the City Council to consider community standards and the adverse effects of pornography. Daniel McPherson, 12500 EI Camino Real, called for a firm stand against the proposed bookstore. He implored City staff to ensure that the applicant be made to jump through all legal hoops required. David Frye, 5070 Rosario, asked for a status report on the bookstore business license application and where can he get a copy of the urgency ordinance regulating adult businesses. He also suggested that staff obtain a copy of the City of San Luis Obispo's ordinance. In closing, Mr. Frye reported that the property owner is having some improvements made to the building and observed that vehicles parked in front of the building for the entire day are not being ticketed for over parking. Bonita Borgeson, 4780 Del Rio Road, protested the bookstore and reminded the Council that the citizens are deeply concerned and opposed to it. She urged the City to enforce City laws. ---End of Public Testimony--- Councilman Johnson responded to comments made by the public and emphasized that • laws must be equally applied and enforced. He assured the public that the Council and staff are pursuing the issue vigorously. A. CONSENT CALENDAR: Mayor Highland read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - September 12, 1995 Staff & City Clerk's recommendation: Approve 2. CITY TREASURER'S REPORT - July, 1995 Staff & City Treasurer's recommendation: Accept 3. CITY TREASURER'S REPORT - August, 1995 Staff & City Treasurer's recommendation: Accept 4. FINAL TRACT MAP 92002, 5100 SAN ANSELMO - Subdivision of one 5.3-acre parcel into four residential lots containing approximately 1 .0 acres each and one lot containing approximately 1 .5 acres. (Gearhart/Wilson Land Surveys) Staff recommendation: Approve • CC 09/26/95 Page 3 - 5. FRIENDS OF THE LIBRARY REQUEST FOR PAYMENT FROM DESIGNATED GENERAL FUND RESERVES Staff recommendation: Review & provide direction Mayor Highland pulled Item #A-5. The City Manager requested that Item #A-4 be continued because the map was not complete. There was consensus to continue Item #A-4 to October 10, 1995. MOTION: By Councilman Johnson, seconded by Councilman Luna to approve Items #A-1, 2 & 3; motion carried 4:0 by roll call vote. Re: Item-#A-5. FRIENDS OF THE LIBRARY REQUEST FOR PAYMENT FROM DESIGNATED GENERAL FUND RESERVES Staff recommendation: Review & provide direction Brad Whitty provided the report and explained that a former City Council had agreed to contribute $35,000 toward the library expansion and reported that funds had not been appropriated in the 1995/96 Fiscal Year budget. The monies, he added, would require an appropriation from the contingency fund. Public Comments: Sarah Gronstrand, Friends of the Library, responded to Council questions regarding funds already raised by the Friends of the Library and contributions made by San Luis Obispo County. Mrs. Gronstrand explained that there is over $200,000 in the trust fund and reported that the County has purchased two lots valued at $270,000 on which the library will be expanded. She clarified that the project will cost 1 .5 million dollars and construction will begin when all the money is raised. ---End of Public Testimony--- The City Manager clarified that the former Council committed to a contribution of { $35,000 contingent upon the County agreeing to match the amount. The Finance Director reported that the County has more than matched the City's share by purchasing the land. Discussion ensued. Councilman Johnson noted that the unbudgeted expenditure would greatly reduce funds in the contingency account. He suggested that the matter be deferred until staff can come back with a plan for appropriation. Councilman Luna asserted that the City Council should formally go on record indicating that it plans to live up to the promise made by the former Council in 1990. The City Council unanimously agreed that it has every intention of honoring the previous Council's promise and directed staff to come back at the next Council meeting with a recommendation regarding how the obligated contribution will be paid • CC 09/26/95 Page 4 - i for. • B. PUBLIC HEARINGS: 1. URGENCY ORDINANCE NO. 294 - Prohibiting uses in conflict with zoning proposal concerning location of adult businesses, and further prohibiting location of adult businesses within a specified distance of public parks, churches and schools and within the downtown, pending consideration of proposed ordinances by the City Council Deputy City Attorney's recommendation: Motion to introduce and adopt on first and only reading, by title only (Requires 4/5 vote) Roy Hanley provided the staff report and responded to brief questions. He noted that the new ordinance will extend the moratorium on adult businesses for four months and reported that the urgency ordinance will become effective immediately if adopted by a 4/5 vote. He explained that staff is working on a zoning ordinance that will be presented in public hearings at both the Planning Commission and City Council in the next couple of months. Public Comments: Tom Austin commented that things always take longer than expected and encouraged the City Council to extend the urgency ordinance for a longer period of time. He • pointed out that an eleven-month extension is permissible by law. ---End of Public Testimony--- Responding to Council inquiry, Mr. Hanley explained that staff is far along in the fact- gathering process and believes four months to be a reasonable and appropriate time extension. He advised the Council that they cannot chose to extend the urgency ordinance for the maximum time allowed as a way to delay any potential project. He also reported that staff is investigating an appellant court case decision relative to an amortization period for adult businesses and further explained that he is collecting adult business ordinances throughout the State. MOTION: By Councilman Luna, seconded by Councilman Johnson to waive the reading in full and read by title only Urgency Ordinance No. 294; motion carried unanimously. MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt Urgency Ordinance No. 294; motion passed 4:0 by roll call vote. Item #B-2 was deferred until after Item #B-3 because San Luis Obispo Council of Governments staff was not yet present. • CC 09/26/95 Page 5 3. APPEAL OF STAFF DETERMINATION THAT AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED PRIOR TO CONSIDERATION OF THE PROPOSED • CLOSURE & RESIDENTIAL RE-USE PLAN FOR THE MILLHOLLIN QUARKY,.SITE Staff recommendation: Consider project merits and deny appeal The City Attorney announced that Glenn Millholiin had withdrawn his appeal of staff's determination that an Environmental Impact Report (EIR) is required and reported that the EIR will be processed. He explained that he had prepared a status report about mining operations, including enforcement options, and commented that this matter is appropriate for public comment. He clarified that any direction from Council would come forward at another meeting. The City Attorney provided an overview of his 1994 memo and recommendations (included in the agenda packet) and advised that the City Council do nothing at this point but advise staff to continue working with the property owner to draft a development agreement that will culminate in eventual closure of the mine within 7 to 10 years. Council questions and comments_followed. Councilman Luna shared concern that the property owner may use the development agreement process as a device for further delay and meanwhile continue mining. He recommended that, at minimum, staff should bring forward a status report on forthcoming agendas. Mayor Highland spoke in favor of working out a re-development plan that will, in the • long-run, best suit the residents and community at-large. He commented that a development agreement can clearly define timelines and document expectations. Councilman Johnson cautioned that acceptable timelines are not ones that go on and on. Staff was asked to summarize what kind of controls are possible. The City Attorney advised that a development agreement can specify how much can be mined, when the mine will be closed and set forth controls that would reclaim the site even if homes are not built, despite development plans. Public Comments: Marcia Torgerson, 6200 Llano Road, read a prepared statement urging the City to enforce its lead agency status (see Exhibit "A"). Daphne Fahsing, 5105 Llano Road, urged the City Council to close the mine while the EIR is being completed. Eric Greening, 7365 Valle, agreed that the mine should be closed while the EIR is being performed. He pointed out that the approved reclamation plan is antiquated and pondered whether or not the legal position would change if it could be proven that there is an imminent threat to public health and safety. CC 49/26/95 Page 6 - 1 i i Paul Rose, 7200 Llano Road, commented that the property owner is dragging his feet • and is pitting residents and City officials against one another'. He encouraged the adoption of new mining regulations and stressed the importance of enforcement. ---End of Public Testimony--- The City Attorney pointed out that health and safety issues can be addressed in a nuisance hearing if there is evidence. Councilman Luna asked the City Attorney to address issues like appropriate fencing in certain areas at the mining site, designating particular areas for mining activities and other operational standards. 2. ORDINANCE NO. 295 - Adopting trip reduction measures in accordance with Government Code Sections 65089 & 65089.3 Staff recommendation: (1) Motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only Ron DiCarli, Executive Director of the San Luis Obispo Council of Governments, provided background and recommended approval. There were no questions or comments from the Council or public. MOTION: By Councilman Luna, seconded by Councilman Bewley to waive the reading in full of Ordinance No. 295; motion carried unanimously. • MOTION: By Councilman Luna, seconded by Councilman Bewley to introduce on first reading Ordinance No. 295; motion carried unanimously by roll call vote. 4. APPEAL BY RICHARD SHANNON OF CONDITION 15(a) OF TENTATIVE TRACT MAP 95002, 3555 EL CAMINO REAL. As approved by the Planning 1 Commission on August 15, 1995, Condition 15(a) requires construction of curb, gutter and sidewalk in order to subdivide a five-acre parcel into five one- acre lots Staff recommendation: Deny Councilman Bewley stepped down due to a potential conflict of interest. Steve DeCamp provided the staff report and recommendation to deny the appeal. Public Comments: John Faulkenstein, of Cannon & Associates and representing the appellant, indicated that the only Condition of Approval that is of concern is Condition #15(a). He commented that the applicant has no objection to widening the street but feels that the concrete work will not be attractive or fit into the character of the neighborhood. • CC 09/26/95 Page 7 - i The City Clerk read a letter submitted by Prakash Patel, Best Western Colony inn, in opposition to the applicant's request to delete Condition #15(a) (see Exhibit "B"). . Richard Shannon, owner/developer, stated that it is not an issue of money but rather what makes sense. He suggested that it would be better to wait and require curb, gutter and sidewalk if the zoning (which is now primarily residential) is later changed to commercial. Doug Lewis, Tunitas Avenue resident, asked why the City is not considering some other circulation connections and commented that the present piece-meal visual pattern is not efficient. Eric Greening spoke in favor of the staff's recommendation to deny the appeal and commented that, as a pedestrian, sidewalks make a lot of difference, even though piecemeal. He added that he ultimately supports curb, gutter and sidewalk all the way from the Outlet Center to the downtown. ---End of Public Testimony--- MOTION: By Councilman Luna, seconded by Mayor Highland, to deny the appeal. Discussion on the motion: Councilman Johnson commented that he would be inclined to uphold the appeal if there was an approved mechanism for coming • back at some other time with the improvements. Vote on the motion: Motion to deny the appeal passed 3:0 by roll call vote. Councilman Bewley returned to the dins. C. REGULAR BUSINESS: 1. REQUEST TO NAME EXPANDED ATASCADERO BRANCH LIBRARY AND CHILDREN'S WING IN HONOR OF MAJOR DONORS Staff recommendation. Endorse request Andy Takata amended the staff report by correcting the proposed name of the library (The Martin Polin Library in Atascadero). The City Manager noted that the County of San Luis Obispo has ultimate authority and proposed that the Council endorse the request of the Friends of the Library by sending to the Board of Supervisors a letter of support. Councilman Luna suggested that a biography be displayed somewhere in the Library that confirms the contributions made and provides some history. This, he • CC 09/26/95 Page 8 - i I I 1 commented, will so that in 20 or 30 years there will be more than just names. The • City Manager agreed and indicated staff will address this suggestion. There was no public testimony. MOTION: By Councilman Luna, seconded by Councilman Johnson to endorse the request of the Friends of the Library; motion carried unanimously. 2. RESOLUTIONS NO. 92-95 & 93-95 - Authorizing an agreement with the USDA Natural Resources Conservation Service for City sponsorship of Emergency Watershed Protection projects Staff recommendation: Adopt Brady Cherry provided the staff report and noted that staff was requesting that two resolutions be adopted authorizing two separate projects: The Curvado Circle Residential Protection Project and the Atascadero Mutual Water Company Well Protection Project. He explained that a third project on Carmelita would not be pursued because one property owner has not agreed to participate. Other ideas are being considered for creek conservation in that area, he added. Public Comments: • Eric Greening urged the Council to move forward with the project. He emphasized that the City must learn valuable lessons from the floods of last year and apply them j to decisions regarding future building sites. i ---End of Public Testimony--- MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt Resolution No. 92-95; motion carried 4:0 by roll call. MOTION: By Councilman Bewley, seconded by Councilman Johnson to adopt Resolution No. 93-95; motion passed 4:0 by roll call 3. RESOLUTION NO. 90-95 - Supporting the League of California Cities' resolution on sales tax redistribution to increase the amount received by cities to 2% (without increasing the sales tax to the public) Staff recommendation: Adopt Andy Takata provided the staff report and recommendation to approve. He noted that the request for support had come from the City of Covina and explained that the State continues to take funds from local government because it cannot balance its budget. This solution would increase the cities' share of sales tax revenue from 1 % to 2%. CC 09/26/95 Page 9 - Public Comments: Eric Greening pondered whether the additional sales tax would be charged in the • unincorporated areas of the County as well and, if not, shared concern that a two- tiered situation may arise resulting in higher prices for goods in cities. The City Manager clarified that the additional 1 % would not be an increase in tax to the consumer, would be statewide and would either go to cities or the county in areas unincorporated. ---End of Public Testimony--- MOTION: By Councilman Luna, Councilman Johnson to adopt Resolution No. 90-95; motion carried 4:0 by roll call vote. D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority -Mayor Highland reported that the next meeting will be October 11 , 1995. 2. City/School Committee - The City Manager reported that the committee will meet on Thursday, September 28, 1995. 3. Economic Round Table - Councilman Johnson reported that the round • table met the preceding week at which time discussions ensued in an attempt to identify what a future economic development coordinator could do in conjunction with staff. The round table is also looking at what can be done to start promoting what the City needs in the way of economic development. Recommendations will follow, he said. 4. North County Council (NCC) - Mayor Highland reported that the executive committee attended the San Luis Obispo City Council meeting on September 19 to endorse and support the city's adoption of the water policy statement developed by the NCC. The policy was adopted, he noted and announced that the NCC meets again on Thursday, September 28, 1995 at 7:00 p.m. in Paso Robles. 5. Integrated Waste Management Authority- Councilman Luna announced two upcoming special events: Household Hazardous Waste Collection event on September 30, 1995 and Compost-at-Cost distribution on October 28, 1995. E. INDIVIDUAL DETERMINATION AND/OR ACTION: • CC 09/26/95 Page 10 - f x i 1. City Council Mayor Highland requested follow-up on a previous Council request of staff to obtain an opinion from the Attorney General's Office relative to present LAFCO policies regarding property and sales tax distribution to cities and counties as a result of land annexation. Councilman Bewley noted that he would like to see an update on the Ad Hoc I Building/Development Committee. Councilman Johnson asked for a status report on a recent gang-related incident. Lt. Barlow provided the oral report. 2. City Treasurer 4 Micki Korba agreed to continue serving on the Citizens Task Force for Economic Recovery following the effective date of her resignation. 3. City Manager (Discussion on October 24, 1995, City Council meeting conflict with League of California Cities Annual Conference) Andy Takata provided an overview of the October 10th agenda and mentioned that the decision to cancel the second meeting in October because of the League's Annual • Conference would be taken up at the next meeting. He also reported on staff and school district efforts to minimize student loitering after school and announced that the North County Telecommuting meeting would be held on September 27 in Paso Robles. As a follow-up to Item #C-2, the City Manager reported that Dirtman, of Atascadero, has volunteered to assist with the creek clean-up at Carmelita. i THE MEETING WAS ADJOURNED AT 9:26 P.M. TO THE JOINT CITIES MEETING IN MORRO BAY ON WEDNESDAY, SEPTEMBER 27, 1995 AT 7:00 P.M. MINUTES RECO AND PREPARED BY: c LEE PRICE, City Clerk i Attachments: Exhibit "A" (Torgerson) Exhibit "B" (Patel) CC 09/26/95 Page 11 CC 9/26/95 MARCIA MCCLURE TORGERSON EXHIBIT "A" 6200 Llano Road Atascadero, CA 93422 805-466-7980 Ol September 26, 1995 RE: Millhollin EIR Appeal Atascadero City Council Mr. Millhollin had gotten along with his neighbors in Paradise Valley for 40 years. Everyone who lived out there knew the Mine was there. Many people, however, were told by their Realtors that the Mine was no longer functioning, and, up until a few years ago, they believed it because they never saw or heard any mining. That's how mild the mining had been up until a few years ago. If that rate of mining had continued, we would not be talking about this tonight. However, when the County went from removing a few thousand cubic yards of material per year to removing up to almost 30,000 cubic yards in just one year, the neighbors noticed. And when complaints started pouring in, what did the County do? They ignored them. Is it any wonder the neighborhood reacted? How would you feel if a business that operated in your neighborhood, which normally generated just a few truck trips per day past your house, suddenly generated 50-60 truck trips per day past your house? I'm sure you would have reacted the same as the neighbors of this mine. . Therefore, let's remember why we are talking about this tonight; not because of a bunch of whining neighbors as some might say, but because of the County's behavior and Mr. Millhollin's lack of taking control of the situation which has damaged a 40-year history of compatibility between the neighborhood and this Mine. Now that the appeal has been withdrawn, I think that there needs to be some parameters set. What guarantee do you have that they will do an EIR? How much time is the City going to give the Millhollins to commence the preparation of the EIR? Will the mining operation that is taking place now be allowed to continue during the months of an EIR preparation? If so, how will the EIR consultant be able to evaluate the site if it is constantly changing? For example, since the Millhollins filed their application, the County has removed at least 5,000 cu.yds. of rock. So, if they were originally asking to remove 100,000 to 120,000 cu yds, does this mean that now they are reducing their original request? I bet not. If the City allows the mining to continue during the EIR process, then you will be allowing the mining or "grading" to commence before the project has been approved. I am not aware of any other developer in this City that has been able to start their proposed project before it has been approved. Besides, the mining that is taking place now is not in compliance with the grading plan they have submitted to the City. The County is actually causing more damage which will require more grading than requested to bring the slopes to City requirements. E r � I'm sorry, but after all that has happened, I believe that the filing of this appeal, the numerous extensions requested, and now the withdrawal of the appeal just hours before this hearing, is just another example of how the City and the • neighborhood are being led down the garden path. Please don't be fooled into believing that because this appeal was withdrawn that you can let your guard down. I'm sure there are more shenanigans to come. In the City Attorney's report to City Council dated today the 'City Attorney quotes from a letter from the State Mining and Geology Board that I submitted to you at a previous meeting. He seems to base his conclusions on one sentence that he took from that letter. I am strongly aware of Dr. Parrish's opinions concerning this mine as I have spoken to him on several occasions. I could not see how, based on that letter, the City Attorney came to the conclusion that the State would probably overturn any action taken by the City Council if the action were appealed. I did not interpret his comments that way at all. i So, I called Dr. Parrish this morning and spoke to him at length concerning this issue. I read him the City Attorney's report and his response was that, contrary to the City Attorney's opinion, it is not the State's policy to overturn lead agency's decisions. He told me that the lead agency has lots of rights in these matters. He explained that, among other things, the lead agency has the authority to require a new permit if the mine has expanded their boundaries. The City's own ordinances say that the City will require a permit if a mining operation is expanded beyond the external boundaries of the surface mining site. Dr. Parrish 'asked me to read to you tonight section 2715 of SMARA. "#2715 - No provision of this chapter or any ruling, requirement, or policy of the board is a limitation on any of the following: (a) On the police power of any city or county or on the power of any city or county to declare, prohibit, and abate nuisances." He felt that quote might help you realize the power that you have concerning this issue. Dr. Parrish went on to explain how there are numerous mines in this state that have incomplete reclamation plans. Many of the lead agencies involved are in your same position, and many of them are taking a stand and enforcing restrictions on these mines. He admitted that, yes, a few have been sued by the mine owners, but that many have not. And, as in the 'case of the Hanson Brothers, the courts seem to be ruling in favor of the lead agencies. He said that those that are taking a stand are setting precedents for all others in similar situations. Please use your lead agency status to resolve this nuisance once and for all. Sincerely, Marcia McClure Torgerson /m 2 SEP 26 '95 04:07PM B/W COLONY INN P.1/i CC9/26/95 EXHIBIT "B" r GO September 26th, 1995 Best Wrswrn url Steve DeCamp 36W CRWI Community Development Department Sm%An 4maex uff San Anselmo eat c�101 City of Atascadero amu.0493422 80-466-409 REF: City requirement of construction of curb, gutter, ' andKim nty Inn sidewalk for site at 3555 El Camino Real, Atasoadero. "1190&,,d.,� &audWM air off 101 Dear Steve KnaC4 CA 93930 In retrospect to the high standards of 40&M-6733 construction the city of Atascadero has held in the past, Best Wrsu+n we feel it is not only appropriate to have all new klawth Inn development require a few basics. It will also be fair to 4061 S.0th& all the businesses located on E1 Camino Real who in the 511 OR 97603 part have had to conform to these standards. ,1200 in addition, it would not only enhance the area, but also provide for safe access for the development, its res i dents and the general public. For fesemifiamr c4 800 328-1134 Pra{ash Patel Lotus Management, Inc i Y/W,. p,O. Box-agoo- San,Jose, CA 95160 408.997.1797 41160 REPORT TO CT TY COUNCIL. Me e t i in 9 Date 10/09/9c CITY OF A:TASCADERO Agenda Item A Through : Andy Takata , City N,a.nager From: P,rndford Wh, tty Finance Director SUBJECT: Payment of Alld 'k -d Bilis and Pa.yro! for the month of September . 1995 RECOMMENDATION: Approve certified City ar_.cotints paya-lble . Payroll ayrtli i vendor' - checks for the month of September . i99i il ` . - a _ .� i,�.. e Attached , for Ci ty . : he following: ?1 ; tnaa _ t A, Payroll Period End t19t(' /9L r s��'ccn ��o � n SSi : ,a, r �.. +n r.i.ut.,u—i.i.r_, r. 13222.7 , �4 : Per i oCI i:i n d 09/20/95 , h... w i,i,.,.r_,—.i.i.��l i..i 1 1,010 , 9. E' Specia-1 Payroll *done C, Payroll Vendors Dated 04/31/95 C * # '28'16-2,.8.31 331777 , 55 Pates 09J07/95 Ck _ :�2.'2033-_22O-^r9 681468 , 76 ' Dated 09;/21,/9c, Ck, ::22998-2 014 68 , 993 ,06 D Accounts Payable Ck . 1#1-51 416-.51570 21 ' , 391 , 5' The undersigned Certifies that the attached dem :nd.s have been released for ;payment in the total amount of $646, 1159.60 and have been reviewed in conformity with thebudget o the City of Ata.sca.dero and that Hinds a.re a.vai lade ' f r th se Iema:ndfi { Dated : s 1_'lZADFORD .t,°HITT', in .nc I rector Approved by the City Council at meeting held LEE PRICE, Citi- Clerk 000001 �,f f: 'D S'_ r SS :SSSSu � SWS SS' S S.S SSivLS1 �: =SSSL"4w .S9 �SSS.s ZC? a CA CA C til CR `Jt f A R CA C:l - 4.L! 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Ot:$(Du onoonnonoof M n -D a < = X m m M == = = T 1 -0 rD :1 -n mmmmmmmmmm i D-< 9 onnoonnnon I -4n G rL Z In �-q C M M Z 1 VZ$ Lq OU0006 REPORT TO CITY COUNCIL Agenda Items CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: 9/12/95 From: Brad Whitty, Finance Director SUBJECT: Adopting FY 1995-96 Salary Schedule and Eosition Authorization Resolution. RECOMMENDATION: Approval of Resolution 87-95 establishing the City's Salary schedule and authorized positions fox- FY 1995-96. BACKGROUND/ANALYSIS: Each year, Council must establish by resolution the salary schedules, including steps within each salary, and the number of authorized positions. The attached resolution accomplishes this for both permanent and temporary positions. The salary schedules are shown as Exhibit A and Ex ibit B-in this staff report 00000'7 RESOLUTION NO. 87-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AUTHORIZED POSITIONS AND SALARY SCHEDULES FOR FY 1995-96 BE IT RESOLVED by the City Council of the City of Atascadero Section 1. That the number of authorized permanent positions and the associated salary ranges shall be as set forth in Exhibit A entitled "City of Atascadero Salary Schedule", made a part of thisresolutionby reference; Section 2. That the hourly rates for temporary employees shall be as set forth in Exhibit B entitled "Salary Schedule for Temporary/Seasonal Positions", made a part of this resolution by reference: Section 3. That the following classifications are added per the schedule attached as Exhibit A to this resolution: 1) Secretary to the City Council 2) Staff Assistant Section 4. That the following classification is added to the schedule attached as Exhibit B to this resolution. 1) Child Care Aide. Section 5 That changes to Exhibit A or B must be by Council resolution. Section 6. ` That this resolution shall be effective July 1, 1995. On motion by Councilperson , seconded by Councilperson the foregoing resolution is hereby supplied in its entirety on the following roll call vote: CITY OF ATASCADERO By• GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHUR R. MONTANDON City Attorney 000008 CITY *,DF -ATABUIADERO SALARY SCHEDULE EFFECTIVE 07/1/95 RATE BAFG JOB FUNDED CNIIIT CGDE JOB DESCRIPTION MS. A STEP B STEP C STEP D STEP E STEP ,W-'N"-'-9LY RATES EX 1100 ciry Manager 1.0 6197AX 70�5111.77 74f16.46 =6,72 MG 2 1,1 1 Di-rec*or of Finance 1.1) 4331-3J 460-1.03 4311-1•8. 50741.84 i 128,58 e. L .-I - 5521 1 MG 2112 Director of Community D velopm 1,0 i 16-1.83 6.3 21 58C 3�16 6093.31 639-.9s MC 2!111 Dir-entor of r0munity Services !.0 43,113.341 4603.03 1831..2 5107J.241 5321co A K� 2114 Fire Chief !.0 5016.26 57-67,08 5510-13 5306.95 5097,30 MG 2113 Police Chief 1.0 5016.21; 5267.0113 5530-13 5806.95 6097-30 MG 2115 Director of Public Works 0.0 5263,63 5-526,32 51003.16 6093.31 6397-98 M14 3501 Accountant 0.0 3010.016 1160.,4" 331$.;9 34184.52 3652.75 A-1 3 1610 Admin. Analyst.,%lubl'ic Works 11.9 2505.8-4 -7631.13 27 6 2.6.13 2900.$^ 30-455,36 M114 1110 Assistant Planner 0.0 2505.34 2631-13 2762.62 2900.821 3045-86 A N-41 3210 Associate Civil Engineer 0.0 2912.:_ 30158.13 3211-104 3371.59 3540.17 MUM 3111 -Associate Planner 1.0 2912.51 11058.13 3211.0? 1371.59 3540.17 MNI 21010 Battalion Chief 1.0 3693.12 3$7$.30 4072.212 JnG75.,R1 44189.62 M1M 1...0 Chief of Wastewater Operations 1.0 31406.35 31,66.67 3535.00 11�11.75 1•897.1-A 2n 'A MD-1 1170 City Planner 1-0 3 64 3.`17 3 3825.9-2 40 17.14 JIM.08 4128.98 M1%1 1';0 Park:; Supervisor 1.0 2697.111 2831.96 2973.56 1122.42-4 3278-35 V4 3120 Plan "heck Engineer 1.0 3563.55 1741-73 39210.32 4125.M 4331.51 NIN 2Q10 Police Lieutenant 2.0 3693.152 387-13,30 4072-22 427 5-33 4439,6'4 !WN 2520 Recreation Supervisor 2.0 2723.48 41859.66 3002,64 3!5,1,77 3110.41 M14 1312 Senior Building Inspector 0.0 3223.54 31841.71 3551.95 3731.65 3918.23 MMI 2260 Senior Civil Engineer 0.0 34113.84 3584.53 3763,76 1951.94 4149-541 MMI 3 112 Senior Planner 1.0 3199.61 3359.59 3527._57 3703.95 3999.15 MM 2760 Street Maintenance Supervisor 1.9 2-926.57 307-2.39 12-26-54 3307 3557.26 MM 2970 Support Services Manager 1.0 2723,48 7859.66 3002.64 3152,77 3310.4-1 M!4 2cI0 neneral Curator 1.0 1,773,40 59,66 3002.641 3310,411 11 1 77 V7 37111 Personnel Analyst 1,0 217D.48 1259,66 3002,64 3M.77 3310.4! 13W Secretary to the City Manager 1,0 -3 �44.7.30 1569-56 2698,114 2813-05 .E 4312 30.76 -, 1 1-11 1 FC 2 116() Fire Captain 4.0 3189.99 33414.49 3516,96 3.59-2,0,1 3877,45 FM 7511 Fire Engineer 2,0 2$32.58 2974.21 3122-92 3279,07 34-13.07- FINI '510 Fire Fighter 1.0 2575.02 77103,77 2832.96 2980.90 3129-95 GS 3310 Building lnsrmector I n.0 �n8�,16 �196-17 n516,08 2641,39 2-773,98 GS 3311 Building inspector 11 1.0 2535.63 2662,41 2795.53 1-935.10 3082-07 GS 6510 Building Maint Specialist 0.0 2206.66 2116.99 2=32.41 2554,39 26•°.2.21 GS 3320 Engineering Technician I 0,0 20115.51 2179.29 22901.215 2402.67 2522-30 GS 3321 Engineering Technician 11 0.0 2302.55 2417.67 2538.56 2-66 5.-11 9 2798-706 GS 61175 Maintenance LeAdworker 2,0 2146.33 2254..;2 11366,R8 24485,23 2609,49 GS 51-70 Maintenance Worker 1 1.5 1171),37 1¢52.89 1951.104' 2049.43 2151.90 GS 6121 Maintenance Worker ITT 2.0 1951,75 2049-33 2151,30 /11259.39 2372.36 GS 6130 Equipment Operator 11 0.0 2049.29 2151.75 2259.34 2372,30 24490-92. 0 2 GS 3330 Planning Technician 0.0 '2075.51 1,179.29 221-3,25 241021.67 2 5 2 2.30 GS 6311 'ffi1TP Operator 1 2.0 2173.53 21282,21 21396.32 2516.113 2641,94 GS 6312 1APUTP Operator 11 1.0 2414.94 2535-68 2662.417 2795.59 2935.37 GS 6313 WAXITP Operator 1111 1,0 2704.810 28x.0.13 2982.13 3131.24 32187,30 GS 6310 INNUTP Operator In Training 0.0 1956.18 2054,09 2156,80 2264-641 2377.87 CU 4110 Account Clerk 1 !.0 1697.33 1732.72 '1871.015 1965.45 2063-712 CIT 4111 Account Clerk Ii 1.0 1871.76 1965.34 2063-61 2166,79 2275.!3 CU 4311 Administrative Secretary 4.0 1965,151 2063.89 2167.08 2275-44 21339,21 -CLJ 47110 Building Technician 1.0 2059.31 2162.27 22`0,19 2383,90 2503-10 CU, 4113 Finance Technician 1.0 1-059.11 2162.27 2270.39 11383.90 2-501-10 CU 4312 Secretary to the City Council 1,0 2113.03 2218-68 2329-61 2446,!0 ^568.40 CU 4711 Staff -Assistant 1-0 2113.113 221-1 R-6 R 21 ^ 41 41446%.!0 21 5,58-In CU 'Silo Offl-Ce A53ii5tan, I !27!.96 'U 44:11 Office Assistant T T 0 1697-23 17182,772- 1871,35 1965-45 1063.72 11 1 L-1i -1 , '.. - 11. CU 4512 Office Assistant 111 0.rl 1371,76 1965.14 -206 3.6 1 -1 16 6.-9 2-175-13 CU 4310 Secretary 0.0 1769.15 1257-61 1950.IV) 2048.01 2150.41 AS 2960 Police Sergeant 5.0 3236,44 1398.68 3562,52 "47-05 3934.40 PD 7111 Police Officer 20.0 *2691.20 2825.75 2967.05 3115.410 3271.17 SA 7.312 Support Services Lead Tech 1.0 2393,71 41513.40 2639.07 2771.02 2909.57 SA 11311 Support Services Technician 7,0 2193.60 2303,223 2413.44 2539.16 2666-33 TOTAL 92.0 000009 SALARY SCHEDULE FOR TEMPORARY/SEASONAL POSITIONS Exhibit B Resolution 87-95 Page 1 of 1 CLASS CODE POSITION HOURLY RATE A B C D E 8370 Student Intern 1 $6.00 6.30 6.61 6.94 7.28 8371 Student Intern II $8.00 8.40 8.85 9.26 9.72 8372 Student Intern III $10.00 10.50 11.02 11.57 12.14 8410 Cashier $5.00 5.25 5.51 5.78 6.06 8450 Office Worker $5.50 5.77 6.05 6.35 6.66 8460 Office Aide $4.25 4.46 4.68 4.91 5.15 8520 Recreation Leader 1 $5.00 5.25 5.51 5.78 6.06 8521 Recreation Leader 11 $5.50 5.77 6.05 6.35 6.66 8522 Child Care Aide $5.00 525 5.51 5.78 6.06 8526 Scorekeeper $5.65 5.93 6.22 6.53 6.85 8610 Service Worker $5.50 5.77 6.05 6.35 6.66 8710 Reserve Police Officer $15,53** 8750 Reserve Fire Fighter $7.00(stills-gen alarm after fast hour) $8.50(gen alarm, 1st hour) $12.50(drills) 9525* Lifeguard 1 $5.25 5.51 5.78 6.06 6.36 9526* Lifoguard/Instructor $6.00 6.30 6.61 6.94 7.28 9527* Senior Lifeguard $6.60 6.93 7.27 7.63 8.01 9530* Site Director $6.25 6.56 6.88 7.22 7.58 9540* Program Coordinator $8.88 9.32 9.78 10.26 10.77 9545 Zoo Educ.Coordinator $6.95# 9610 Animal Health Tech. $11.80 12.39 13.00 13.66 14.34 9750* Seasonal Fire Fighter $7.25 7.61 7.99 8.38 8.79 * Seasonal ** 16 hrs volunteer service/month thereafter=to hourly Step'A'Police Officer # Reimbursed in full by Zoological Society Effective 07/01/95 Revised 09/06/95 u\ptsalscd i 000010 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda tem: -A-1 ' Through Andrew J. Takata, City Manager er Date: Oct. 10 1995 Via: fA Steven L. DeCamp, City Planner From: C ,Gary Kaiser, Associate Planner File o. : TTM #91006 SUBJECT: Consideration of Resolution No. 89-95 to authorize the recording, and acceptance, of a 2.5-foot wide drainage easeme t. RECOMMENDATION: Adopt Resolution No. 89-95. DISCUSSION: Tentative Tract Map #91006 was approved with a condition that a 10-foot wide drainage easement be dedicated contig ous to the easterly boundary of the site to be subdivided. H re, south of Curbaril Avenueandmidway between Amapoa,and Azuc na Avenues,- a City-maintained drainage easement is 'necessary to ensure the unobstructed flow of surface waters and thereby reduce the flooding potential of upstream private properties. A final map for this subdivision has since been accepted by the Council and recorded (Tract 2103), whereby 'a drainage easement in said location has been established. The drainage easement shown on this recorded subdivision map, however, is 10 feet wide along a portion of said easterly boundary and only 7.5 feet wide along the remaining portion of said easterly boundary. The rationale for allowing such a final map to be recorded in apparent nonconformance with the aforementioned condition of approval was that a drainage easement had already been secured from the 'owners of the property contiguous to the narrower portion of the easement which would ensure that the condition requiring a 10- foot wide could indeed be met through recordation of a separate easement document. The County Recorder will not allow this separate document (A Grant Deed of Easement in this case) to record, however, without evidence that the City is in fact aware of such recordation and is willing to: accept the easement for maintenance. An adopted Resolution would provide tie Recorder with the evidence necessary and would enable,.recordation. ATTACHMENTS: Attachment A - Existing and Proposed Easement Location Attachment B - Draft_Resolution No. 89-95 1° 000011 EASEMENT LOCATION Ak CITY OF ATASCADERO DRAFT RESOLUTION NO. 89-95 , ,•" COMMUNI'T'Y DEVELOPMENT DEPARTMENT - �q r a zvC � z,Q '' z 000012 ATTAGHMtNI d DRAFT RESOLUTION DRAFT RESOLUTION NO . 89-95 RESOLUTION NO. 89-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING ACCEPTANCE OF A 2.5-FOOT WIDE DRAINAGE EASEMENT CONTIGUOUS TO THE EASTERLY BOUNDARY OF TRACT 2103 (Portion of Lot 20, Block D-C, Atascadero Colony) WHEREAS, Tentative Tract Map #91006 was approved with a condition that a 10-foot wide drainage easement be dedicated to the City along the easterly boundary of the site to be subdivided; and WHEREAS, such a drainage easement is necessary to ensure the unobstructed flow of surface waters for the benefit of flood protection for upstream private properties; and WHEREAS, a final map in substantial conformance with said tentative map has subsequently been accepted by the City and recorded; and WHEREAS, the marded final map, Tract 2103, effectually dedicated a 10-foot wide 4Xainage easement along 112 .71 feet of the easterly boundary of the subdivided site and a 7 .5-foot wide drainage easement along the remaining 124.59 feet of the easterly boundary of the subdivided site; and WHEREAS, the justification for allowing said final map to record with a dedicated drainage easement width of less than 10 feet along said remaining easterly boundary of the subdivided site was that the owners of the contiguous property to the east had already granted a 2 .5-foot wide drainage easement therefore guaranteeing a drainage easement of at least 10 feet wide; NOW, THEREFORE, BE IT RESOLVED that the Ata9cadero City Council does hereby accept said 2.5-foot wide drainage easement and authorizes the recording of the Grant Deed of Easement herein described and attached hereto as Exhibit A. 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: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor 00001"3 Resolution No. 89-95 Page Two ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney APPROVED AS CONTENT: STEVEN L. DECAMP, City Planner 00001 } Order No. EXHIBIT A Escrow No. DRAFT RESOLUTION NO. 89-95 Loan No. feccpm FEDIM BY WHEN RECORDED MAIL TO: 0 NG DIVISION I PLANNI � CITY OF ATASCADERO I 6500 PALMA AVENUE j ATASCADERO, CA 93422 MAIL TAX STATEMENTS TO: SPACE ABOVE THIS UNE FOR'REECCOROER'S USE DOCUMENTARY TRANSFER TAX s . •.1........................................ ......... ......Computed on the consideration or value of property conveyed:OR .. Computed on the consideration or value less liens or encumbrances remaining at time of sate. Signature of 0edarant or Agent determining tax—Firm game GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John B.. Marques,Jr. and Betty L.Marques hereby GRANT(S) to the City of. Atascadero an easement for drainage purposes , q!sal propeRyin the City of At a s cadero County of San Luis Obispo - State of California, described as All that property contained in Lot 20, Block D-C, per City of Atascadero ( according to map recorded October 21 , 1914 in Book 4 , page 53 , in the office of the -County Recorder, County of San Luis Obispo, State- of California) that lies southerly of the south right of way of Curbaril Avenue, being more particularly described as : The westerly 2 .50 feet of said �; �L�Ot 20 , Block D-C of the City of Atascadero. L Dated- ; i X0`!1 FAN } BZ MARQUES JR. STATE OF CALIFORNIA , }ss. 1 COUNTY OF �_ :=r�' / ��i Cr �Y"C } BETTY L. ,-MARQUES ` On `S i- "rr1 before me, personally appeared `f(! = �,f'l.fl � 75 personally-known,-to-rne (or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)ja/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in his,� /their authorized capacity(es), and that by hir.# their signa ,�� � CHRISTI H#98277979 982779 S COMM. � on the instrument the person(s)or the entity upon behalf of which L-4 = �� � Notary Public California Qrson(s)acted,executed the instrument. .. ` San Obispo County N My Comm.Exp.Jan.19,1997 WITNESS myrhand I and-official seal. Signature (This area for official notarial seal) Si 9 _ 1002(1/94) END OF DOCUMENT MAIL TAX STATEMENTS AS DIRECTED ABOVE U(wUls j REPORT TO CITY COUNCIL Meeting Date: 10-10-95 CITY OF ATASCADERO Agenda Item: _ Through: Andrew J. 'Takata, City Manager Via: Brady Cherry, Director of Community Services From: Valerie Humphrey, Engineering Divisiong�y SUBJECT: Annual Claim for Local Transportation Funds 1995-96 RECOMMENDATION: Adopt attached Resolution No. 91-95, authorizing the filing the annual claim for Local Transportation Funds. DISCUSSION: The City _annually files ` a claim for its share of Local Transportation:Funds. Our efforts are coordinated through the San Luis Obispo Council of Governments. Funds are used to cover local transit needs (i.e. , Dial-A-Ride) ; two percent is earmarked for Bike/Pedestrian ways; a portion is reserved by SLO OG' for regional transportation programs and administration, any remaining balance may be used for streets and roads. FISCAL IMPACT: The claim for Fiscal year 1995-96 is $486,79E . Attachment: Resolution No. 91-95 000016 6 RESOLUTION NO. 91-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE FILING OF A CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE 'TRANSIT' ASSISTANCE FUNDS IN COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT WHEREAS, Articles 4 and -8 of Chapter 4 of the Public Utilities Code requires claims for operating funds to be filed with the transportation planning agency by local transportation operators; and WHEREAS, the City of Atascadero is eligible for transportation funds as provided in Chapter' 4 of the Public Utilities Code; and WHEREAS, the San Luis Obispo Council of Government is the designated transportation planning agency for San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero does hereby authorize the filing of a claim for Local Transportation Funds in the Amount of $458, 339 and State Transit Assistance funds in the amount of $28,456. If additional LTF funds become available said funds shall be used for the purpose of street maintenance. The Annual Project and Financial Plan prepared by SLOCOG is attached hereto marked Exhibit A-and by reference thereof made: a part hereof. On motion by counclmember and seconded by Councilmember the foregoing resolution is hereby adopted in its entirety on the following vote AYES: NOES: ABSENT: DATE. ATTEST: City of Atascadero LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney 000017 Item 1. ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS CLAIM #AT-956-1 FISCAL YEAR 1995/96 TO: San Luis Obispo Council of Governments 1150 Osos Street San Luis Obispo, CA 93401 FROM: CLAIMANT: CITY OF ATASCADERO ADDRESS: 6500 PALMA STREET CITY: ATASCADERO ZIP CODE: 93422 CONTACT: BRAD WHITTY. DIR. OF ADMIN PHONE: 461-5012 This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended and applicable rules and regulations, that an allocation be made for the purposes and in the respective amounts as described in the attached Project and Financial Plan claim form. a) Annual (LTF) Apportionment -$ 458,339 b) Annual (STA) Funds $ 28,456 1) Operator Revenues $ 1,363 2) Apportionment $ 27,093 TOTAL FUNDS BEING CLAIMED ARE $ 486,795 Claimant Signature: Andrew J. Takata Title: City Manager Date: September 20, 1995 This claim was conditionally approved by the San Luis Obispo Council of Governments at their June 7th, 1995 meeting, by Resolution No. 95-07. Ronald L. De Carli, Executive Director Date C:\wPvAn60\tda956\c1aim1NAT L 000018 CITY OF ATASCADERO TRANSPORTATION DEVELOPMENT ACT CLAIM FY 1995/96 Item 2. CERTIFICATIONS By completing the required boxes and signing below, the authorized transit official certifies compliance with all of the required TDA Certifications (those marked by an X). X 1. Verification the proposed expenditures are in conformity with the Regional Transportation Plan (CCR § 6651). X 2. Full use is being made of federal funds available under the Urban Mass Transportation Act and Intermodal Surface Transportation Efficiency Act for transportation purposes (CCR §6754). X 3. Compliance will be maintained with the adopted transfer pass policy. (PUC § 99282). X 4. Compliance will be maintained with the law that requires equivelant reduced transit fares and identification cards for senior citizens and disabled persons (PUC § 99155). X 5. The transit system operator does not routinely staff a transit vehicle designed to be operated by one person with two or more persons (PUC § 99264); or is not precluded by contract from employing part time drivers or from contracting with common carriers of persons operating under a franchise or license (CCR § 6754). X 6. Existing and projected farebox ratios are as listed below, and meet the minimum fare . revenue requirements for both LTF and STA monies (10% applies to Atascadero DAR). a. Fiscal Year 1994/95 Farebox Ratio 15% b. Projected Fiscal Year 1995/96 Farebox Ratio 15% X 7. The Atascadero DAR system will not receive TDA funds in excess of operating costs according to the following eligibility fund test (CCR § 6634, 6754). Estimated 1995/96 Operating Cost $403, 66 Less depreciation, amortization and vehicle lease costs 50,000 Net Operating Costs $353,566 Less amount of fare revenues required to meet your minimum farebox revenue $ 45,964 Maximum amount receivable for transit system $307,602 X 8. The following conditions placed upon the claim by action of the San Luis Obispo Council of Governments will be met in a timely fashion, including the following: 000019 X a. Prior to disbursement of funds, monthly transit operating data will be submitted to the Council of Governments. X b. Improvements required in the Council of Governments bus stop policy will be programmed or implemented if applicable. X c. Program or implement services to meet all unmet transit needs per the adopted 1995 SLOCOG resolution if applicable. X 9. Prior to disbursement of any TDA funds (after the 1 st quarter), the following documents will be submitted: a. A state controllers report of financial transactions (LGFA) will be submitted to the State Controller's Office and to SLOCOG (by September 30th); b. Three copies of a certified fiscal audit of all TDA funds received the prior fiscal year will be submitted to SLOCOG (by December 31st); and C. This claim for funds will be submitted to SLOCOG. Andrew J. Takata, City Manager 9-20-95 Signature of Authorized Official Date . Certifying Compliance • UU002:0 REPORT TO CITY COUNCIL Meeting Date: 10/10t95 CITY OF ATASCADERO Agenda item: -- � Through: Andrew J Takata, City Manager Via: N)Steven J Sylvester, City Engineer From: John B Neil, Assistant City Engineer SUBJECT: State Highway Account (SHA) Funding Applications RECOMMENDATION: Staff recommends Council adopt the following resolutions approving the application for State Highway Account funds: 1. Resolution No. 98-95, Pavement Evaluation/Survey Program 2. Resolution No. 99-95, Traffic Way Bikeway, Prelimina Engineering 3. Resolution No. 100-95, EI Camino Real Bikeway, Prel minary Engineering 4. Resolution No. 101-95 Traffic Way Bikeway, Construction Engineering 5. Resolution No. 102-95 EI Camino Real Bikeway, Construction Engineering 6. Resolution No. 103-95, Urgent Storm Damage Repair DISCUSSION: SHA Program Description The State legislation implementing Intermodal Surface Transportati n Efficiency Act (ISTEA) (Senate Bill 1435), contains a provision allowing a Regional Transportation Planning Agency, such as SLOCOG,to exchange its annual apport onment of State Transportation Program (STP) funds fpr State Highway Account (S A)funds. These SHA funds are then apportioned for projects in the same way as ST 11 funds except that Federal design and environmental standards are not required. Projects eligible for Regional STP/SHA funding include maintenance planning program , the planning and construction of bicycle transportation facilities and road maintenan a projects. 000021 Current Status SLOCOG has recently recognized that$500,000 in unanticipated Regional STPtSHA funds for FY95/96 have not been allocated. Five Regional STP/SHA funding applications were submitted by staff to SLOCOGprior to the September 29, 1995 application submittal`deadline. These projects will be judged on a competitive basis, for projects qualifying for such funding. Staff has requested that SLOCOG provide additional funding for the bikeway projects and pavement survey using these unallocated Regional'STP/SHA funds. In addition, there are SHA Urban Area Funds available with a target allocation for Atascadero in FY97/98 of$102,090. Staff has requested that SLOCOG provide the FY97198 allocation along with allocations for future fiscal years to fund the urgent storm damage repair projects. In essence, the City will borrow from its future anticipated allocations of Urban Area SHA funds to fund the storm damage projects. The projects chosen for this'SHA funding are those which are currently eligible for reimbursement through FEMA disaster relief funding sources. Local governing board approval of the applications is required prior to November 1, 1995. FISCAL IMPACT: The SHA funding requests total $483,848. 1t is uncertain at the present time which, if any, of these requests will be approved by SLOCOG. All costs associated with the projects have been included in the funding requests. The projects will not begin unless funding is secured. The extent of the bikeway projects will not be increased unless funding is secured. There will be no capital outlay required by this City action. ATTACHMENTS: A. Resolution No. 98-95 Pavement Analysis/Survey B. Resolution No.. 99-95 Traffic Way Bikeway Preliminary Engineering C. Resolution No 100-95 El Camino Real Bikeway Preliminary Engineering D. Resolution No. 101-95 Traffic Way Bikeway Construction Engineering E. - Resolution No 102-95 El Camino Real Bikeway Construction Engineering F. Resolution No. 143-95 Urgent Storm Damage Repair G. SHA Funding Request for Pavement Analysis/Survey H. SHA Funding Request for Traffic Way.Bikeway Preliminary Engineering I. SHA Funding Request for El Camino Real Bikeway Preliminary Engineering J. SHA Funding Request for Traffic Way Bikeway Construction Engineering K SHA Funding Request for El Camino Real Bikeway Construction Engineering L. SHA Funding Request for Urgent Storm Damage Repair N:\RDKfSHA.SRP OOOOZZ Attachment A RESOLUTION NO. 98- 95 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR REGIONAL STP/SHA FUNDS for the PAVEMENT EVALUATION/SURVEY PROGRAM WHEREAS, the San Luis Obispo Council of Governments has advised the City that there is $500,000 in unallocated Regional STP/SHA funds for Fiscal Year 1995/1996 available for eligible projects; and WHEREAS, the California Department of Transportation has established the procedures and criteria for review of proposals by the San Luis Obispo Council of Governments; and WHEREAS, said procedures and criteria established by the California Department of Transportation call for the approval of an application by the applicants governing body; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the roadway activities project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero: 1. Approves the filing of an application for the unallocated FY95/96 Regional STP/SHA funds for the Pavement Evaluation/Survey Program. 2. Appoints City Manager as agent of the City of Atascadero to conduct all negotiations, execute and submit any and all documents required, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the October 10, 1995. 000,023 Resolution No. 98-95 Page Two On motion by Councilperson , and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P HIGHLAND, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ANDREW J TAKATA ARTHER R. MONTANDON City Manager City Attorney NARDK\RES98-95.WPD 0 000024 Attachment B 0 RESOLUTION NO. 99- 95 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR REGIONAL STP/SHA FUNDS for the TRAFFIC WAY BIKEWAY PRELIMINARY ENGINEERING WHEREAS, the San Luis Obispo Council of Governments has advised the City that there is $500,000 in unallocated Regional STP/SHA funds for Fiscal Year 1995/1996 available for eligible projects; and WHEREAS, the California Department of Transportation has established the procedures and criteria for review of proposals by the San Luis Obispo Council of Governments; and WHEREAS, said procedures and criteria established by the California Department of Transportation call for the approval of an application by the applicants governing body; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the roadway activities project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero: 1. Approves the filing of an application for the unallocated FY95/96 Regional STP/SHA funds for the Traffic Way Bikeway Preliminary Engineering. 2. Appoints City Manager as agent of the City of Atascadero to conduct all negotiations, execute and submit any and all documents required, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the October 10, 1995. i 000025 Resolution No. 99-95 Page Two On motion by Councilperson , and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P HIGHLAND, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ANDREW J TAKATA ARTHER R. MONTANDON City Manager City Attorney N:\RDK\RES99-95.WPD 00002:0 Attachment C RESOLUTION NO. 100- 95 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR REGIONAL STP/SHA FUNDS forthe EL CAMINO REAL BIKEWAY PRELIMINARY ENGINEERING WHEREAS, the San Luis Obispo Council of Governments has advised the City that there is $500,000 in unallocated Regional STP/SHA funds for Fiscal Year 1995/1996 available for eligible projects; and WHEREAS, the California Department of Transportation has established the procedures and criteria for review of proposals by the San Luis Obispo Council of Governments; and WHEREAS, said procedures and criteria established by the California Department of Transportation call for the approval of an application by the applicants governing body; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the roadway activities project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero: 1. Approves the filing of an application for the unallocated FY95/96 Regional STP/SHA funds for the EI Camino Real Bikeway Preliminary Engineering. 2. Appoints City Manager as agent of the City of Atascadero to conduct all negotiations, execute and submit any and all documents required, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the October 10, 1995. 00002'7 Resolution No. 100-95 Page Two On motion by Councilperson , and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P HIGHLAND, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ANDREW J TAKATA ARTHER R. MONTANDON City Manager City Attorney NARDK\RES100-9.WPD 000023 Attachment D RESOLUTION NO. 101- 95 A RESOLUTION OF THE A, TASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR REGIONAL STP/SHA FUNDS for the TRAFFIC WAY BIKEWAY CONSTRUCTION ENGINEERING WHEREAS, the San Luis Obispo Council of Governments has advised the City that there is $500,000 in unallocated Regional STP/SHA funds for Fiscal Year 1995/1996 available for eligible projects; and WHEREAS, the California Department of Transportation has established the procedures and criteria for review of proposals by the San Luis Obispo Council of Governments; and WHEREAS, said procedures and criteria established by the California Department of Transportation call for the approval of an application by the applicants governing body; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the roadway activities project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero: 1. Approves the filing of an application for the unallocated FY95/96 Regional STP/SHA funds for the Traffic Way Bikeway Construction Engineering. 2. Appoints City Manager as agent of the City of Atascadero to conduct all negotiations, execute and submit any and all documents required, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the October 10, 1995. fl00(3;�y Resolution No. 101-95 Page Two On motion by Councilperson , and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P HIGHLAND, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ANDREW J TAKATA ARTHER R. MONTANDON City Manager City Attorney N:\RDK\RES101-9.WPD • 000030 Attachment E RESOLUTION NO. 102- 95 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR REGIONAL STP/SHA FUNDS for the EL CAMINO REAL BIKEWAY CONSTRUCTION ENGINEERING WHEREAS, the San Luis Obispo Council of Governments has advised the City that there is $500,000 in unallocated Regional STP/SHA funds for Fiscal Year 1995/1996 available for eligible projects; and WHEREAS, the California Department of Transportation has established the procedures and criteria for review of proposals by the San Luis Obispo Council of Governments; and WHEREAS, said procedures and criteria established by the California Department of Transportation call for the approval of an application by the applicants governing body; and WHEREAS, the applicant, if selected, will enter into an agreement with the . State of California to carry out the roadway activities project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero: 1. Approves the filing of an application for the unallocated FY95196 Regional STP/SHA funds for the EI Camino Real Bikeway Construction Engineering. 2. Appoints City Manager as agent of the City of Atascadero to conduct all negotiations, execute and submit any and all documents required, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the October 10, 1995. • 000031 Resolution No. 102-95 Page Two On motion by Councilperson , and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By. 0 LEE PRICE, City Clerk GEORGE P HIGHLAND, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ANDREW J TAKATA ARTHER R. MONTANDON City Manager City Attorney N.XRDK\RES102-9.WPD 0 000032 Attachment F RESOLUTION NO. 103- 95 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR URBAN AREA SHA FUNDS for the STORM DAMAGE REPAIR PROJECTS WHEREAS, the San Luis Obispo Council of Governments has advised the City that there is target allocation of$102,090 of Urban Area SHA funds for the City for Fiscal Year 1995/1996; and WHEREAS, the California Department of Transportation has established the procedures and criteria for review of proposals by the San Luis Obispo Council of Governments; and WHEREAS, said procedures and criteria established by the California Department of Transportation call for the approval of an application by the applicants governing body; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the roadway activities project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero: 1. Approves the filing of an application for the targeted allocation of FY95/96 Urban Area SHA funds along with future fiscal year's Urban Area SHA allocations, to the extent available, for the Storm Damage Repair Projects. 2. Approves the use of the Urban Area SHA funds for those projects which are currently, or may become, eligible for reimbursement through FEMA disaster relief funding sources. 3. Appoints City Manager as agent of the City of Atascadero to conduct all negotiations, execute and submit any and all documents required, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the October 10, 1995. 000033 Resolution No. 103-95 Page Two On motion by Councilperson , and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P HIGHLAND, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ANDREW J TAKATA ARTHER R. MONTANDON City Manager City Attorney NARDK\RES103-9.WPD 000034 Attachment G s w � CITY OF ATAS 'CADERO 1918 179 DEPARTMENT of PUBLIC WORKS September 28, 1995 Mr Mike Harmon San Luis Obispo Council of Governments 1150 Osos Street #202 San Luis Obispo CA 93401 Subject: STP/SHA Funding - Pavement Evaluation Dear Mike: In accordance with the August 30, 1995 communication from Ronald DeCarli, SLOCOG Executive Director regarding the additional $500,000 in Regional STP/SHA funding available for FY 96/97 programming , please consider the following our formal request for State Highway Account (SHA) funds for the following project. A. jurisdiction: City of Atascadero B. Contact Person: John B Neil, Assistant City Engineer C. Project Name: Pavement evaluation/management D. Requested Funding: SHA E. Priority: High F. Amount Requested: $20,000 G. Project Description: Perform a survey of existing roads and develop a data base to assist in assessing road network deficiencies, establish priorities, schedule projects and evaluate maintenance costs. With over 170 miles of City maintained road, it is imperative that Atascadero carefully plan and program the work to be performed in order to achieve a viable pavement management program. Evaluating the conditions of the roads and maintaining a contiriuous inventory are the essential first steps in assuring future adequacy of the roadways. • H. Threshold Requirements: 6500 PALMA AVENUE • ATASCADERO,CA 93422 Administration/Engineering:(805)461-5020 Waste waterTreatment:(805)461-5077 FAX:(805)461-7615 00003b Mike Harmon is FY 96/97 SHA Funding - Pavement Evaluation September 28, 1995 Page 2 (1) STP funds not available (2) Consistency with Article XIX of the State Constitution: This is consistent with Article XIX of the State Constitution since its purpose is directly related to the maintenance of public streets. (3) Project consistency with the 1994 RTP Project is for the evaluation of local and regional streets in the City of Atascadero which may or may not be covered under the Regional Transportation Plan. (4) Local governing board approval by November 1, 1995 It is expected that the Atascadero City Council will approve the request before November 1, 1995. (5) Funds expended with 24 months of SLOCOG action Funds are for the evaluation work will be expended almost immediately when made available. Should you have any questions or require clarification, please do not hesitate to contact US. Sincerely, Andrew J Takata, City Manager enc 9110205.ata . 000036 Attachment H CITY OF ATASCADERO i 1918 i 1973 \ CAD DEPARTMENT of PUBLIC WORKS September 28, 1995 Mr. Mike Harmon San Luis Obispo Council of Governments 1150 Osos Street #202 San Luis Obispo, CA 93401 Subject: SHA Funding for Preliminary Engineering -Traffic Way Bikeway Dear Mike: In accordance with the August 30, 1995 communication from Ronald DeCarli, SLOCOG Executive Director regarding the additional $500,000 in Regional STP/SHA funding available for FY 96/97 programming , please consider the following our formal request for State Highway Account (SHA) funds for the following project. A. Jurisdiction: City of Atascadero B. Contact Person: John B Neil, Assistant City Engineer C. Project Name: Preliminary Engineering for Traffic Way Bikeway and Traffic Way Bikeway Extension D. Requested Funding: SHA E. Priority: High F. Amount Requested: $42,000 G. Project Description: The Traffic Way Bikeway has been partially funded by Prop 116. The requested amount for Preliminary Engineering will allow the.full amount of the Prop 116 funding and the anticipated TEA funding for the Traffic Way Bikeway Extension to be used for construction. 6500 PALMA AVENUE • ATASCADERO,CA 93422 Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 FAX:(805)461-7615 O0fl0 '2 Mr. Mike Harmon FY 96/97 SHA funds - Traffic Way Bikeway i Preliminary Engineering September 28, 1995 Page 2 H. Threshold Requirements: (1) STP Funds not available (2) Consistency with Article XIX of the State Constitution: This is consistent with Article XIX of the State Constitution since its purpose is directly related to the maintenance of public streets. (3) Project consistency with the 1994 RTP Project is for bikeways along local streets in the City of Atascadero which are not covered under the Regional Transportation Plan. (4) Local governing board approval by November 1, 1995 it is expected that the Atascadero City Council will approve the request before November 1, 1995. (5) Funds expended with 24 months of SLOCOG action Funds are for defined repair work to existing facilities not requiring plans or preliminary work and will be expended almost immediately when made available. Should you have any questions or require clarification, please do not hesitate to contact us. Sincerely, Andrew J. Takata City Manager enc 9415601.ata 000038 Attachment I CITY OF ATASCADERO 1918 4 1 8 l \A �DFRO� DEPARTMENT of.PUBLIC WORKS September 28, 1995 Mr. Mike Harmon San Luis Obispo Council of Governments 1150 Osos Street #202 San Luis Obispo, CA 93401 Subject: SHA Funding for Preliminary Engineering EI Camino Real Bikeway Dear Mike: In accordance with the August 30, 1995 communication from Ronald DeCarli, SLOCOG Executive Director regarding the additional $500,000 in Regional STP/SHA funding available for FY 96/97 programming , please consider the following our formal request for State Highway Account (SHA) funds for the following project. A. Jurisdiction: City of Atascadero B. Contact Person: John B Neil, Assistant City Engineer C. Project Name: Preliminary Engineering for EI Camino Real Bikeway and EI Camino Real Bikeway Extension D. Requested Funding: SHA E. Priority: High F. Amount Requested: $49,900 G. Project Description: The EI Camino Real Bikeway has been partially funded by Prop 116. The requested amount will allow the full amount of the Prop 116 funding and the anticipated TEA funding for the EI Camino Real Bikeway Extension to be used for construction. • 6500 PALMA AVENUE • ATASCADERO,CA 93422 Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 "1f:Yor l(.Yi15 Mr. Mike Harmon FY 96/97 SHA funds - EI Camino Real Bikeway Preliminary Engineering September'28, 1995 Page 2 H. Threshold Requirements: (1) STP Funds not available (2) Consistency with Article XIX of the State Constitution: This is consistent with Article XIX of the State Constitution since its purpose is directly related to the maintenance of public streets. (3) Project consistency with the 1994 RTP Project is for bikeways along local streets in the City of Atascadero which are not covered under the Regional Transportation Plan. (4) Local governing board approval by November 1, 1995 It is expected that the Atascadero City Council will approve the request before November 1, 1995. (5) Funds expended with 24 months of SLOCOG action • Funds are for defined repair work to existing facilities not requiring plans or preliminary work and will be expended almost immediately when made available. Should you have any questions or require clarification, please do not hesitate to contact us. Sincerely, Andrew J. Takata City Manager enc 9415501.ata 000040 Attachment J CITY OF ATASCADERO 1918 >t e DEPARTMENT of PUBLIC WORKS September 28, 1995 Mr. Mike Harmon San Luis Obispo Council of Governments 1150 Osos Street #202 San Luis Obispo, CA 93401 Subject: SHA Funding for Construction Engineering Traffic Way Bikeway Dear Mike: In accordance with the August 30, 1995 communication from Ronald DeCarli, SLOCOG Executive Director regarding the additional $500,000 in Regional STP/SHA funding available for FY 96/97 programming , please consider the following our formal request for State Highway Account (SHA) funds for the following project. A. jurisdiction: i C ty of Atascadero B. Contact Person: John B Neil, Assistant City Engineer C. Project Name: Construction Engineering for Traffic Way Bikeway D. Requested Funding: SHA E. Priority: High F. Amount Requested: $58, 775 G. Project Description: The Traffic Way Bikeway has been partially funded by Prop 116. The requested amount for Construction Engineering will allow the full amount of the Prop 116 funding and the anticipated TEA funding for the'Traffic Way Bikeway to be utilized for construction contract items. • 6500 PALMA AVENUE • ATASCADERO,CA 93422 Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 FAX(:((805))461-7615 000 i Mr. Mike Harmon FY 96/97 SHA funds - Traffic Way Bikeway . Construction Engineering September 28, 1995 Page 2 H. Threshold Requirements: (1) STP Funds not available (2) Consistency with Article XIX of the State Constitution: This is consistent with Article XIX of the State Constitution since its purpose is directly related to the maintenance of public streets. (3) Project consistency with the 1994 RTP Project is for bikeways along local streets in the City of Atascadero which are not covered under the Regional Transportation Plan. (4) Local governing board approval by November 1, '1995 It is expected that the Atascadero City Council will approve the request before November 1, 1995. (5) Funds expended with 24 months of SLOCOG action Funds are for defined repair work to existing facilities not requiring plans or preliminary work and will be expended almost immediately when made available. Should you have any questions or require clarification, please do not hesitate to contact us. Sincerely, Andrew J. Takata City Manager enc 9415602.ata • 000042 Attachment K CITY OF ATASCADERO 1918 r 1979 \A' CAD ERt>,j DEPARTMENT of PUBLIC WORKS September 28, 1995 Mr. Mike Harmon San Luis Obispo Council of Governments 1150 Osos Street #202 San Luis Obispo, CA 93401 Subject: SHA Funding for Construction Engineering EI Camino Real Bikeway Dear Mike: In accordance with the August 30, 1995 communication from Ronald DeCarli, SLOCOG Executive Director regarding the additional $500,000 in Regional STP/SHA funding available for FY 96/97 programming , please consider the following our formal request for State Highway Account (SHA) funds for the following project. A. jurisdiction: City of Atascadero B. Contact Person: John B Neil, Assistant City Engineer C. Project Name: Construction Engineering for EI Camino Real Bikeway D. Requested Funding: SHA E. Priority: High F. Amount Requested: $87,280 G. Project Description: The EI Camino Real Bikeway has been partially funded by Prop 116. The requested amount will allow the full amount of the Prop 116 funding and the anticipated TEA funding for the El Camino Real Bikeway to be used for construction contract items. 6500 PALMA AVENUE • ATASCADERO, CA 93422 Administration/Engineering:(805)461.5020 WastewaterTreatment:(805)461-5077 FAX:(805)461-7615 000043 Mr. Mike Harmon FY 96/97 SHA funds - EI Camino Real Bikeway Construction Engineering September 28, 1995 Page 2 H. Threshold Requirements: (1) STP Funds not available (2) Consistency with Article XIX of the State Constitution: This is consistent with Article XIX of the State Constitution since its purpose is directly related to the maintenance of public streets. (3) Project consistency with the 1994 RTP Project is for bikeways along local streets in the City of Atascadero which are not covered under the Regional Transportation Plan. (4) Local governing board approval by November 1, 1995 It is expected that the Atascadero City Council will approve the request before November 1, 1995. (5) Funds expended with 24 months of SLOCOG action Funds are for defined repair work to existing facilities not requiring plans or preliminary work and will be expended almost immediately when made available. Should you have any questions or require clarification, please do not hesitate to contact us. Sincerely, Andrew J. Takata City Manager enc 9415502.ata 0000,14 Attachment L ,W.�. CITY OF ATASCADERO iais P � 1979 e \A' CAD DEPARTMENT of PUBLICWORKS September 26, 1995 Mr. Mike Harmon San Luis Obispo Council of Governments 1150 Osos Street #202 San Luis Obispo, CA 93401 Subject: STP/SHA Funding - 1994/1995 Winter Storm Damage Dear Mike: In accordance with the August 30, 1995 communication from Ronald DeCarli, SLOCOG Executive Director regarding SHA funding availability, please consider the following our formal request for State Highway Account (SHA) funds for the following project. A. Jurisdiction: City of Atascadero • B. Contact Person: John B Neil, Assistant City Engineer C. Project Name: Urgent Storm Damages Repair D. Requested Funding: SHA E. Priority: Highest (Restore Public Safety) F. Amount Requested: $225,853 G. Project Description: $225,853 of the over four million dollars of unexpected and unbudgeted damage caused by last winter's storm are urgent Public Safety problems. These problems will be sharply exacerbated by the approaching rains. A listing of projects and construction costs is attached. H. Threshold Requirements: (1) STP Funds not available 1 6500 PALMA AVENUE • ATASCADERO,CA 93422 Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 FAX:(805)461-7615 0000,15 Mr. Mike Harmon September 26, 1995 Page 2 (2) Consistency with Article XIX of the State Constitution: This is consistent with Article XIX of the State Constitution since its purpose is directly related to the maintenance of public streets. (3) Project consistency with the 1994 RTP Project is for the repair of local streets in the City of Atascadero which are not covered under the Regional Transportation Plan. (4) Local governing board approval by November 1, 1995 It is expected that the Atascadero City Council will approve the request before November 1, 1995. (5) Funds expended with 24 months of SLOCOG action Funds are for defined repair work to existing facilities not requiring plans or preliminary work and will be expended almost immediately when made available. Should .you have any questions or require clarification, please do not hesitate to contact us. Sincerely, Andrew J. Takata City Manager enc 9512101.ata 2 000046 CITY OF ATAS 'CADERO 1918I 1 79 9 DEPARTMENT of PUBLIC WORKS COMPILATION OF MOST URGENT REPAIRS TO PUBLIC FACILITIES 1994/1995 WINTER STORMS ROADWAYS $ 165,063.00 SLOPES AT ROADWAYS 28,873.00 DRAINAGE AT ROADWAYS 31,897.00 TOTAL $ 225,833.00 9512103..ata 6500 PALMA AVENUE • ATASCADERO,CA 93422 Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 FAX:(805)461-7615 0000,7 REPORT TO CITY COUNCIL Meeting Date: 10/1 95 CITY OF ATASCADERO Agenda Item: Through: Andrew J Takata, City Manager Via: Steven J Sylvester, City Engineer From: .John B Neil, Assistant City Engineer SUBJECT: Transportation Efficiency Act (TEA)funding applications for EI Cam no Real Bikeway and Traffic Way Bikeway Projects. RECOMMENDATION: Staff recommends that Council adopt Resolution No. 95-95 and Resolution No. 96-95. DISCUSSION: The Intermodal Surface Transportation Efficiency Act is managed i California by Regional Transportation Planning Agencies (RTPA). The local RT A is the San Luis Obispo Council of Governments (SLOCOG). SLOCOG informed C ty that applications could be made through October 2, 1995 for Transportation Enhan merit Activities (TEA)funding for FY96/97. The available funding for local projects will be between $400,000 to $500,400. Applications will be evaluated in competition with other SLOCOG member applications by the California Transportation Committee (CTC). Bicycle path projects are eligible for funding under TEA. Staff has r nade TEA applications in the amount of $228,407 for extending the limits of tie EI Camino Real Bikeway Project and $211,244 for extending the limits of the Traffic,Way Bikeway Project. Both projects are presently being designed. If granted, the additional funding will allow the Traffic Way Bikeway Project to be extended from San Jacinto Avenue to San Benito Road. It would also allow the El Camino Real Bikeway Project to be extended from San Anselmo Avenue to Del Rio Road. A Resolution approving the application for funding is required by November 1 1995 to authorize nomination of each,projectand to authorize the City Manager to act in connection with the nomination to provide additional information if required. FISCAL IMPACT: All costs associated with the projects have been included in the fun ing requests. Extension of the bikeways will not be constructed until funding is se cured. There will be no capital outlay required by this Council action. 000048 Page 2 TEA Funding Applications Meeting date: 10110/95 ATTACHMENTS: A. Resolution 95-95 EI Camino Real Bikeway Project B. Resolution 96-95 Traffic Way Bikeway Project C. TEA Funding Request for El Camino Real Bikeway D. TEA Funding Request for Traffic Way Bikeway NMOMTE►.saw 0€?0049 ATTACHMENT A RESOLUTION NO. 95- 95 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR FUNDS UNDER THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 forthe EL CAMINO REAL BIKEWAY PROJECT WHEREAS, the United States Congress has enacted the Intermodal Surface Transportation Efficiency Act of 1991, which is to make available funds to the California Department of Transportation for transportation enhancement activities; and WHEREAS, the Department of Transportation has established the procedures and criteria for reviewing proposals and, along with the Regional Transportation Agencies, will submit to the California Transportation Commission a list of recommended projects from which the recipients will be selected; and . WHEREAS, said procedures and criteria established by the California Department of Transportation call for the approval of an application by the applicants governing body before submission of said application to the California Transportation Commission; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the transportation enhancement activities project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero: 1. Approves the filing of an application for Transportation Enhancement Activities Program funding for the EI Camino Real Bikeway Project. 2. Approves the use of the currently allocated Proposition 116 and Regional STP/SHA funds for the EI Camino Real Bikeway Project as the matching funds required under the TEA funding program. 3. Will make adequate provisions for operation and maintenance of the project once completed. 000050 Resolution No. 95 - 96 Approving Application for TEA funding EI Camino Real Bikeway Project Page Two 4. Appoints the City Manager as agent of the City of Atascadero to conduct all negotiations, execute and submit any and all documents, including but not limited to applications, agreements, amendments, and payment requests which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the October 10, 1995. On motion by Councilperson , and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: . ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P HIGHLAND, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ANDREW J TAKATA ARTHER R. MONTANDON City Manager City Attorney NARDK\RES95-95.WPD 000051 ATTACHMENT B RESOLUTION NO. 96- 95 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR FUNDS UNDER THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 for the TRAFFIC WAY BIKEWAY PROJECT WHEREAS, the United States Congress has enacted the Intermodal Surface Transportation Efficiency Act of 1991, which is to make available funds to the California Department of Transportation for transportation enhancement activities; and WHEREAS, the Department of Transportation has established the procedures and criteria for reviewing proposals and, along with the Regional Transportation Agencies, will submit to the California Transportation Commission a list of recommended projects from which the recipients will be selected; and WHEREAS, said procedures and criteria established by the California • Department of Transportation call for the approval of an application by the applicants governing body before submission of said application to the California Transportation Commission; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the transportation enhancement activities project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero: 1. Approves the filing of an application for Transportation Enhancement Activities Program funding for the Traffic Way Bikeway Project. 2. Approves the use of the currently allocated Proposition 116 and Regional STP/SHA funds for the Traffic Way Bikeway Project as the matching funds required under the TEA funding program. 3. Will make adequate provisions for operation and maintenance of the . project once completed. 000052 Resolution No. 95 - 96 Approving Application for TEA funding Traffic Way Bikeway Project Page Two 4. Appoints the City Manager as agent of the City of Atascadero to conduct all negotiations, execute and submit any and all documents, including but not limited to applications, agreements, amendments, and payment requests which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the October 10, 1995. On motion by Councilperson , and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: 0 ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P HIGHLAND, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ANDREW J TAKATA ARTHER R. MONTANDON City Manager City Attorney N:\RDKXRES96-95.WPD 0 000053 Attachment C Tram. Action Enhancement Activities(TEA)Applicatioi. it-in PART ONE:GENERAL PROJECT INFORMATION _-t/_Project is located entirely within the RTPA. RTPA: SLOCOG Proposal is statewide or multi-regional in scope. PROJECT TITLE: EI Camino Real Bikeway ADMINISTERING AGENCY APPLICANT Project TEA FUNDS REQUESTED Administrator/person with day-today responsibility for S 228,407 implementing project(Name,title,agency,address,phone, (suggested minimum 5100,000) fax) NON-FEDERAL TEA MATCH S 395,020 John B Neil,Assistant City Engineer TOTAL TEA PROJECT COST City of Atascadero 5 228,407 6500 Palma Avenue Atascadero CA 93422 (805)461-5021 FAX 461-7615 TEA is part of a larger project. Total Project Cost S 623,427 (Round numbers to nearest thousands) Person who can answer questions about this application(Name, PARTNER(S)(Name,title,agency,address,phone,fax) title,phone,fax) John B Neil,Assistant City Engineer City of Atascadero 6500 Palma Avenue Atascadero CA 93422 (805)461-5021 FAX 461-7615 PROJECT SCOPE OF PROPOSED TRANSPORTATION ENHANCEMENT ACTIVITIES(not to exceed 60 words) Describe the project's location,size,etc.(Not the justification or benefits,which is covered in Part Four). Extends the presently underfunded ECR Bikeway project Northward from San Anselmo Road to Del Rio Road. Division: Proposed transportation enhancement activity will be scored in one of the following divisions. Fill out and include the division page indicated: i.Bicycle,Pedestrian,Abandoned Rail Right of Way(Page 3.Transportation Aesthetics and Scenic Values 7a.) 2.Historic/Archaeolo ical(Page 7b.) (Page 7c.) 4.Water Pollution Due to Highway Runoff.(Page 7d.) ACTIVITY CATEGORIES List approximate amount of federal TEA funds to be spent in each of the TEA categories: S- ✓ 1. Pedestrian or bike trail S S G. Historic transportation rehab 2. Acquisition of sites S 7. Rails to trails S 3. Historic highway programs $ S 4. Landscaping/scenic beautification 8. Outdoor advertising S S 9. Archaeology 5. Historic preservation S 10.Water pollution control Activities outside the categories: List approximate amount of federal TEA funds to be spent in activities outside the ten categories (must be necessary and incidental to the portion inside the categories):S Describe: None Apoicatmi Forth 1996 STIP September 28,1995 Page 1 Include this page in each application. 000054 PAR'l .jNE.GENERAL PROJECT INFORMATION(coudnuedl PROJECT TITLE: EL CAMINO REAL BIKEWAY If part of a larger project,will TEA portion be constructed at same time as the target-project? When? Design of EI Camino Bikeway is now underway. Design for extending the bikeway will be included(and funded)in this current design. Construction of the EI Camino Bikeway extention will occur concurrently with EI Camino Bikeway. ACQUISITION DESCRIPTION DETAILS(Describe all that apply): How big(or long,for corridors)is property to be acquired? NONE What is the location in relation to intermodal transportation system? What structures are on the site? What are the scenic qualities of scenic site? Where is it noted as having federal,state,or local significance? Historic value of property(check one): Listed in California Register(includes National Register listing) Eligible for listing Local historic designation(Attach local criteria) Name of park of which this property is,or will become,a part? DEVELOPMENT DESCRIPTION DETAILS: If project is along a highway,is highway a designated state scenic highway or federally designated scenic highway.? NO What was the historic transportation use of the structure/facility,if any? ORIGINAL COASTAL ROUTE FROM SOUTHERN CALIFORNIA TO NORTHERN CALIFORNIA-NOW ALTERNATE ROUTE(IN THIS AREA)FOR HIGHWAY 101,LOCAL ARTERIAL ROAD What is the intended use of the structure/facilities/property once project is complete? BIKEWAY AND ARTERIAL ROAD Is a private vendor going to occupy the facility? Briefly explain: NO Is any portion of the TEA funding intended to create a museum or visitor center? Briefly explain: NO For bicycle/pedestrian projects: What is length of project?Connecting termini? Number of bridges?Bicycle parking capacity? FROM SAN ANSELMO ROAD TO DEL RIO ROAD(EXTENDING EXISTING BIKEWAY)1.3 MILES Which portions of the development are inside a park? NONE TEA Application 1996 STIP Page 2 September 28,1995 Include this page in each application 000055 PART TWO: FUNDING EL CAMINO REAL BIKEWAY Prepared by John B Neil Title Assistant City Engineer Ogency City of Atascadero Phone (805)461-5021 FAX (805)461-7615 PROJECT COST ESTIMATE PRELIMINARY ENGINEERING PHASE: • Construction Documents $ 49,874.00 • Environmental Documents $ 0.00 TOTAL PRELIMINARY ENGINEERING S 49,874.00 RIGHT OF WAY PHASE(ACQUISITION): • Capital S 0.00 • Support costs $ 0.00 TOTAL RIGHT OF WAY S 0.00 CONSTRUCTION PHASE: •Construction contract items S 361,588 Contingencies S 124,685.00 Construction engineering S_ 87.280.00 TOTAL CONSTRUCTION S 573,553.00 "see next sheet for detail CASH FLOW CHART Fiscal Year Fiscal Year Fiscal Year Beyond Preliminary 1995/96 1996/97 1997/98 Fiscal Year 978/98 Engineering S 49,874.00 $ 0.00 $ 0.00 S 0.00 Right of way $ 0.00 $ 0.00 $ 0.00 $ 0.00 Construction S 207,520.00 S 366,033.00 S 0.00 S 0.00 0 TOTAL S 257,394.00 $366,033.00 $ 0.00 S 0.00 LOCAL FUNDING SHARE DETAIL Phases A + B = C D" Federal Match TEA Cost Total Cost Preliminary Eng $ 0.00 $ 49,874.00 S 0.00 $ 49,874.00 Right of Way $ 0.00 S 0.00 $ 0.00 $ 0.00 Construction S 228,407.00 $345,146.00 $228,407.00 $573,553.00 TOTAL S 228,407.00 S 395,020.00 $ 228,407.00 $623,427.00 "Fill in column'D'only when TEA is part of larger project,not a stand-alone project SOURCE(S)OF MATCH Preliminary Engineering SHA funds,Prop 116 funds Right of Way Not Applicable Construction SHA funds,Prop 116 funds,TEA funds TEA Application 1996 STIP Page 3 September 28,1995 Include this page in each application 001005`6 PART TWO: FUNDING(continued) EL CAM1NO REAL BIKEWAY ITEM ESTIMATE:CONSTRUCTION CONTRACT ITEMS Item Description Unit Quantity Unit Price Amount 1. Asphalt Concrete Pavement SF 68,640 1.50 102,960 2. 6"Asphalt Concrete Berm LF 13,278 3.50 48,048 3. Pavement Striping LF 13,600 0.50 6,800 4. Pavement Marking SF 215 3.00 645 5. Street Signs EA 8 250.00 2,000 6. Earthwork LS LS 10,000.00 10,000 TOTAL CONSTRUCTION $ 170,453 CONSTRUCTION ENG.@ 14% 23,863 CONTINGENCY @ 20% 34.091 0 TOTAL $ 228,407 Cost comparison-FOR OFFICE USE ONLY INNOVATIVE FINANCINGTEST $ per hectare landscaping acquisition per kilometer/meter bikeway squlare meter-historic preservation • TEA Applicauon 1996 STIP Page 4 Septcmber28,1995 Include this page in each application that has a construction phase ,0000b*7 PART THRRE:SCRRENING EL CAMINO REAL BIKEWAY ,If any of the applicable screening criteria below are not met,the proposal will not be ranked or evaluated any further. Does the project fit the TEA program? YES a. DIRECT RELATIONSHIP TO INTERMODAL TRANSPORTATION SYSTEM FunctionProximityhnpact Briefly explain direct relationship to transportation system. (How does proposed activity enhance the transportation system?) EXTENDS EXISTING BIKEWAY b. OVER AND ABOVE A NORMAL PROJECT Yes No✓ c. WHICH CATEGORY OR CATEGORIES ENCOMPASS THE TEA?(May be more than one.) _✓_1.Pedestrians and bicycles 6.Rehabilitation of historic transportation facilities _2.Acquisition of scenic easements and scenic or historic sites 7.Preservation of railway corridors for trails _3.Scenic or historic highway programs 8.Control and removal of outdoor advertising _4.Landscaping and other scenic beautification 9.Archaeological planning and research _5.Historic preservation 10.Mitigation of pollution due to highway runoff 2. Is the project consistent(or"not inconsistent")with federal,state,regional or local land use and regional transportation plans,goals and policies? Yes✓ No Describe the plans used in evaluating consistency: CITY OF ATASCADERO MASTER BIKEWAYS PLAN 3. Is the project financially viable? Yes✓ No 4. Is this project well-defined,well justified,and ready-to-go in the year proposed? Yes✓ No Describe evidence supporting this statement. AN EXTENSION OF AN EXISTING BIKEWAY AND AN EXISTING BIKEWAY PROJECT 5. Does the project improve air quality or does it have a neutral air quality impact? Yes✓ No Neutral Describe evidence supporting this conclusion. WROMOTES/FACILITATES THE USE OF NON-POLLUTING MODES OF TRANSPORTATION 6. Is the project as proposed in compliance with the Americans with Disabilities Act? Yes No Not Applicable Describe evidence to support this conclusion. HOWEVER,IT DOES FACILITATE ALTERNATE MODES OF TRANSPORTATION 7. For archaeology and historic preservation projects,is the proposal in compliance with the Secretary of the Interior's Standards and Guidelines for Archaeological and Historic Preservation? Yes No✓ Not Applicable If applicable,describe evidence to support this conclusion. 0 TEA Application 1996 STIP Page 5 September 28,1995 Include this page in each application 000058 PART FOUR:SCORING EL CAMINO REAL BIKEWAY 1. Reeional and Community Enhancement(Maximum 50 points) Please explain the activity s primary effects-its intent and purpose-on the following elements: a.How does the project improve overall quality-of-life,community,and/or environment? (0 to 10 points) EXTENDS EXISTING BIKEWAY TO FACILITATE/PROMOTE ALTERNATE NON-POLLUTING METHODS OF TRANSPORTATION. b.Describe how the activity increases access to activity centers,such as businesses,schools,recreational areas and shopping areas. Does the proposed project connect transportation modes,or does the activity have other multi-modal aspects? Does the project reinforce or complement the regional transportation system,or fill a deficiency in the system? (0 to 8 points) EXTENDS EXISTING BIKEWAY WHICH ACCESSES STATE HOSPITAL,SCHOOLS,BUSINESS CENTERS,SHOPPING CENTERS AND MUNICIPAL OFFICES c.Describe how activity implements goals in the regional transportation plan,or other adopted federal,state,or local plans. COMPLIES WITH ATASCADERO MASTER BIKEWAYS PLANNING (0 to 8 points) d.Please explain the degree to which the project increases availability or awareness of historic,community,visual or natural resources. (0 to 8 points) EXTENDS SAFE BICYCLE USAGE CONNECTING RESIDENCES,PLACES OF EMPLOYMENT,CITY AND COUNTY AGENCY OFFICES AND AREAS OF RECREATION AND ENTERTAINMENT e.Please describe evidence of degree of regional or community support and summarize that support below. (0 to 8 points) BHMWAYS ARE PART OF THE CITY MASTER BIKEWAY PLAN. FUNDING FOR EXISTING BIKEWAYS HAVE BEEN FUNDED FROM THE CITY GENERAL FUND,CITY ASSESSMENT DISTRICTS,STATE BOND(PROP 116)AND BY CALTRANS ADMINISTERED HIGHWAY AND HIGHWAY PARTNERSHIP FUNDS f.If the project encompasses more than one of the activity-specific divisions,explain. (Projects can score in only one of the activity-specific divisions below.) (0 to 8 points) 2. Cost Effectiveness/Ressonable Cost(Maximum 10 points) What is the anticipated life of the facility or product resulting from this project in years? in excess of 80 years What is the total capital cost of the project?S Please indicate how reasonable or cost effective the project is on the following scale: Highly Cost Effective/Very Reasonable Costs ✓ Reasonable Costs/Moderately Cost Effective Less than Reasonable Costs/Low Cost Effectiveness Not Cost-Effective/Costs Are Not Reasonable Show any information,calculations,examples or comparisons that explain your selection above. Attach additional information. USES EXISTING ROAD SURFACE(EXTENDED WHERE NECESSARY). RIGHT-OF-WAY IS ALREADY SECURED. DESIGN HAS ALREADY BEEN FUNDED. TEA Application Form 1996 SIP Page 6 September 28,1995 Include this page In each application. 0 0`00;9 PART FOUR-SCORING(continued) EL CAMINO REAL BIKEWAY Division 1 1. Bicycle,Pedestrian or Abandoned Rail Right-of-Way Proposals: a. What is the need for the proposed activity? Please specify high,medium,or low and explain your answer. For example,is there a shortage of pedestrian or bicycle facilities available? Is there a missing link in connecting the intermodal system;how important is it? How necessary are new facilities serving the system? (Maximum 20 points) High.This project extends the core of the Atascadero Bikeway System The extension is essential to connect to recent commercial and industrial developments. Increases access to places of employment,schools and essential services. b. How well does the proposal meet or address the opportunities and/or needs for bicycle or pedestrian facilities? (Maximum 20 points) The total project is for extended bikeways. Application Form 1988 STIP Page 7 September 28,1995 Include only one Page 7 in each application. 000060 PART FIVE• EARLY COORDINATION WITH A TRANS AND REGIONAL TRANSPORTATION PLANNING AGENCY(RTPA) PROJECT TITLE: EL CAMINO REAL BIKEWAY CalTransDistrict No.5 RTPA: SLOCOG Administering Agency: CITY OF ATASCADERO Administering Agency Project Mgr.or Rep.(and Title): JOHN B NEIL,ASSISTANT CITY ENGINEER Address: 6500 Palma Avenue,Atascadero CA 93422 Phone: (805)461-5021 FAX: (805) 461-7615 Others present: REGIONAL TRANSPORTATION PLANNING AGENCY STAFF MEETING OR CONVERSATION: Name and Date: Ron DeCarli(SLOCOG)with City Engineer on various occasions LOCAL ASSISTANCE: NO CALTRANS LOCAL ASSISTANCE Anticipated start dates(projects will be programmed in 1996/97 and 1997/98): Preliminary Engineering Right of way, Construction Anticipated construction completion date NHS Non-NHS Agency is,or will become,self-certified Yes No Caltrans District Local Assistance Signature(I have discussed these items with the Administering Agency): Name and title: Date: ENVIRONMENTAL: What is status of state and federal environmental-documents? COVERED BY CITY STREET MAINTENANCE PROGRAM Federal Environmental Approval for transportation enhancement project(check proposed type and status): Type: Environmental Assessment _Categorical Exclusion_✓_Environmental Impact Statement Status: Not Started Complete In Progress _Anticipated Completion Date: Name of lead agency in environmental document CITY OF ATASCADERO Preliminary Environmental Investigations:Cultural resources records searched_✓_not searched. California species database searched_✓ not searched. Does project involve ground disturbance? YES Delivery dates for environmental documents: Is project locally designated as historic? NO Designation and source of criteria for local historic designation by governing body official: Caltrans District Environmental Analyst Signature(I have discussed these items with the Administering Agency): Name and title Date: LANDSCAPE ARCHITECTURE: If project is in Caltrans right of way,is project site in a warranted or unwarranted arra? If warranted,what is cost per acre? Who will design landscape project? Caltrans District Landscape Architect Signature(I have discussed these items with the Administering Agency): Name and title: Date: MAINTENANCE: Is project on Caltrans'right of way? Yes_No ✓ If yes,who will maintain? Caltrans District Maintenance Signature(I have discussed these items with the Administering Agency): 'IEA Application 19%STIP Page 9 ScpU=bcr 28,1995 Include this page in each application 000061 PART Ft d FAR Y OORDINATION WITH CA TRANN AND REGIONAL TRANSPORTATION PLANNING AGENCY(RTPAI EL CAMINO REAL BIKEWAY 0- Name and title: Date: RIGHT OF WAY: Check those that apply: _✓_Property was previously acquired by Agency in 1917. Project includes right of way acquisition or donation Right of way being used as part or all of match. Project proponent has had contact with owner(describe). Is the project financed by public funds with a public agency determining that the project will result in a clear,well-defined,and demonstrable public benefit?Yes_✓ No If yes,enter name of public agency: CITY OF ATASCADERO Enter public agency's definition of benefit: Is the work on public_✓ or private land? CITY OF ATASCADERO (Owner/Agency) If property is private,will it be deeded to a public entity upon completion of project?Yes—No— If yes,name of public entity: Will a public/non-profit organization be involved in ownership? Yes— No-If yes,name of organization: Is the site under a management plan? Can the public access the property?Yes_No_If yes,unrestricted_or restricted(fees,time limits,seasonal limits)_access? Is public use of the property allowed?Yes_No_If yes,list uses: Has easement rather than fee title been discussed?Yes No Can necessity of purchase be substituted? Caltrans District Right of Way Agent signature:(I have dscussed these items with the Administering Agency) Name and title Date: DISTRICT DIRECTOR(Required only when Administering Agency requests Caltrans to provide maintenance or match): legree_do not agree_that Caltrans will maintain this project. gree_do not agree with the Administering Agency's request for state highway account match. District Director signature: Date: ADMINISTERING AGENCY PROJECT MANAGER: I met with the Caltrans Local Assistance Engineer. We have discussed where to access the federal forms and guidelines for this federal-aid project. I generally understand the administering agency's responsibilities for complying with: I. NEPA and other federal environmental requirements,and 2. The overall federal regulations. I understand the administering agency requests initiation of the agreement with Caltrans;reimbursable costs may not be incurred until after FSTIP approval Project Manager signature: Date: Additional comments: • TEA Application 1996 STIP Page 9 Scpt«nbcr28,1995 Include this page in each application 000G2 3 PART SIX- ASSURANCES EL CA IINO BIKEWAY This page must be signed for the project to be considered for funding. Commitment/Prior Commitment: Has the project Administering Agency certified that it is willing and able to maintain and operate the project? Yes No ✓ Please describe the best evidence of the certification available. If none is available,when can one be provided? RESOLUTION BY CITY COUNCIL WILL BE AVAILABLE PRIOR TO NOVEMBER 1, 1995 Project Administering Agency possesses legal authority to nominate transportation enhancement activity and to finance,acquire, and construct the proposed project;and by formal action(e.g.,a resolution)the Administering Agency's governing body authorizes the nomination of the transportation enhancement activity,including all understanding and assurances contained therein,and authorizes the person identified as the official representative of the Administering Agency to act in connection with the nomination and to provide such additional information as may be required. Project Administering Agency will maintain and operate the property acquired,developed,rehabilitated,or restored for the life of the resultant facility(ies)or activity. With the approval of the California Department of Transportation,the Administering Agency or its successors in interest in the property may transfer the responsibility to maintain and operate the property. Project Administering Agency will give the California Department of Transportation's representative access to and the right to examine all records,books,papers,or documents related to the transportation enhancement activity. Project Administering Agency will cause work on the project to be commenced within a reasonable time after receipt of notification from the State that funds have been approved by the Federal Highway Administration and that the project will be carried to completion with reasonable diligence. Project Administering Agency will comply where applicable with provisions of the California Environmental Quality Act,the . National Environmental Policy Act,the Americans with Disabilities Act,the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation,and any other federal,state,and/or local laws,rules and/or regulations. I certify that the information contained in this transportation enhancement activity application,including required attachments, is accurate and that I have read and understand the important information and agree to the assurances on this form. Signed Date (TEA Administering Agency Representative as shown in Resolution) Printed(Name and Title) Andrew J Takata,City Manager Administering Agency City of Ataseadero TEA Application Form 7996 STIP • Page 10 September 28,1995 Include this page in each application. 000063 Attachment D Trans, .4ation Enhancement Activities(TEA)Application roan PART ONE: GENERAL PROJECT INFORMATION ___14--_Project is located entirely within the RTPA. RTPA: SLOCOG Proposal is statewide or multi-regional in scope. PROJECT TITLE: Traffic Way Bikeway ADMINISTERING AGENCY APPLICANT Project TEA FUNDS REQUESTED Administrator/person with day-today responsibility for S 211,244 implementing project(Name,title agency, (suggested minimum 5100,000) P g P 1 g cy,address,phone, NON-FEDERAL TEA MATCH fax) S 208,575 John B Neil,Assistant City Engineer TOTAL TEA PROJECT COST City of Atascadero S 211,244 6500 Palma Avenue Atascadero CA 93422 (805)461-5021 FAX 461-7615 TEA is part of a larger project. Total Project Cost S 419,822 (Round numbers to nearest thousands) Person who can answer questions about this application(Name, PARTNER(S)(Name,title,agency,address,Phone,fax) title,phone,fax) John B Neil,Assistant City Engineer City of Atascadero 6500 Palma Avenue Atascadero CA 93422 (805)461-5021 FAX 461-7615 PROJECT SCOPE OF PROPOSED TRANSPORTATION ENHANCEMENT ACTIVITIES(not to exceed 60 words) Describe the project's location,size,etc.(Not the justification or benefits,which is covered in Part Four). Extends the presently underfunded Traffic Way Bikeway project eastward from San Jacinto Avenue to Potrero Road in order to service the San Benito School site and other residential areas. Connects to El Camino Real Bikeway. Division: Proposed transportation enhancement activity will be scored in one of the following divisions. Fill out and include the division page indicated: LBirycle,Pedestrian,Abandoned Rail Right of Way(Page 3.Transportation Aesthetics and Scenic Values 7a.) (Page 7c.) 2.Historic/Archaeological(Page 7b.) 4.Water Pollution Due to Highway Runoff.(Page 7d.) ACTIVITY CATEGORIES List approximate amount of federal TEA funds to be spent in each of the TEA categories: S ✓ 1. Pedestrian or bike trail S 6. Historic transportation rehab S 2. Acquisition of sites S 7. Rails to trails $ 3. Historic highway programs S 8. Outdoor advertising S 4. Landscaping/scenic beautification S 9. Archaeology S 5. Historic preservation S 10.Water pollution control Activities outside the categories: List approximate amount of federal TEA funds to be spent in activities outside the ten categories (must be necessary and incidental to the portion inside the categories):S Describe: 0 Application Form I 9 STIP Page 1 September 28,1995 Include this page in each application. 000064 PAR& JNE:GENERAL PROJECT INFORMATION(continued) PROJECT TITLE: TRAFFIC WAY BIKEWAY If part of a larger project,will TEA portion be constructed at same time as the larger project? When? Design of Traffic Way Bikeway is now underway. Design for extending the bikeway will be included(and funded)in this current design. Construction of the Traffic Way Bikeway extension will occur concurrently with Traffic Way Bikeway. ACQUISITION DESCRIPTION DETAILS(Describe all that apply): How big(or long,for corridors)is property to be acquired? NONE What is the location in relation to intermodal transportation system? What structures are on the site? None What are the scenic qualities of scenic site? Where is it noted as having federal,state,or local significance? Historic value of property(check one): _Listed in California Register(includes National Register listing) _Eligible for listing _Local historic designation(Attach local criteria) Name of park of which this property is,or will become,a part? DEVELOPMENT DESCRIPTION DETAILS: If project is along a highway,is highway a designated state scenic highway or federally designated scenic highway? NO What was the historic transportation use of the structure/facility,if any? TRADITIONAL ROUTE TO SCHOOL FOR STUDENTS OF SAN BENITO SCHOOL AND LOCAL COLLECTOR STREET What is the intended use of the structure/facilities/property once project is complete? BIKEWAY/LOCAL COLLECTOR STREET Is a private vendor going to occupy the facility? Briefly explain: NO Is any portion of the TEA funding intended to create a museum or visitor center? Briefly explain: NO For bicycle/pedestrian projects: What is length of project?Connecting termini? Number of bridges?Bicycle parking capacity? FROM SAN JACINTO ROAD TO POTRERO ROAD(EXTENDING EXISTING BIKEWAY)1.3 MILES Which portions of the development are inside a park? NONE TEA Application 1996 STIP Page 2 September 28.1995 Include this page in each application 000065 PART TWO: FUNDING TRAFFIC WAY REAL BIKEWAY Prepared by John B Neil Title Assistant City Engineer logency City of Atascadero Phone (805)461-5021 FAX (805)461-7615 PROJECT COST ESTIMATE PRELIMINARY ENGINEERING PHASE: • Construction Documents S 33,586 • Environmental Documents S 8.396 TOTAL PRELIMINARY ENGINEERING S 41,982 RIGHT OF WAY PHASE(ACQUISITION): • Capital S 0.00 • Support costs S 0.00 TOTAL RIGHT OF WAY S 0.00 CONSTRUCTION PHASE: •Construction contract items S 255,252 Contingencies S 63,813 Construction engineering S _58,775 TOTAL CONSTRUCTION S377,840 "see next sheet for detail CASH FLOW CHART Fiscal Year Fiscal Year Fiscal Year Beyond Preliminary 1995/96 1996/97 1997/98 Fiscal Year 97/98 Engineering S 41,982.00 S 0.00 S 0.00 S 0.00 Right of Way S 0.00 S 0.00 S 0.00 S 0.00 Construction S 166596.00 S 0.00 S 0.00 S 0.00 0 TOTAL S 208,575.00 S 0.00 S 0.00 S 0.00 LOCAL FUNDING SHARE DETAIL Phases A + B = C D" Federal Match TEA Cost Total Cost Preliminary Eng S 0.00 S 41,982.00 S 0.00 S 41,982.00 Right of Way S 0.00 S 0.00 S 0.00 S 0.00 Construction S 211,244.00 S 0.00 S 211,244.00 S 377,840.00 TOTAL S 211,244.00 S 208,578.00 S 211,244.00 S 419,822.00 *Fill in column'D'only when TEA is part of larger project,not a stand-alone project SOURCE(S)OF MATCH Preliminary Engineering Pending SHA Funding Right of Way Not Applicable Other matching funds are from previously allocated Proposition 116 funds and STP/SHA funds • TEA Application 19%STIP Page 3 September 28,1995 Include this page in each application 000066 PART TWO: FUNDING(continued) TRAFFIC WAY REAL BIKEWAY ITEM ESTIMATE_CONSTRUCTION CONTRACT ITEMS S Item Description Unit Quantity Unit Price Amount 1. Asphalt Concrete Pavement SF 53,600 1.50 80,400 2. 6"Asphalt Concrete Herm LF 6,700 3.50 23,450 3. Pavement Striping LF 13,400 0.50 6,700 4. Pavement Marking SF 190 3.00 570 5. Street Signs EA 6 250.00 1,500 6. Earthwork LS LS 40,000.00 40,000 7. Mailbox Relocations EA 27 75.00 2,025 S. Tree Remove/Dispose EA 6 500.00 3,000 • TOTAL CONSTRUCTION $ 157,645 CONSTRUCTION ENG.@ 14% 22,070 CONTINGENCY @ 20% 31.529 TOTAL S 211,244 Cost comparisonF(¢R'OFFICEUSE ONLY INNOVATIVE FINANCINGTE:ST $ per hectare laa Bcap1tig7acqu1s tion $ per ktlometer/meter bikeway S square meter historic preservafon TEA Application 1996 STIP Page 4 Scptembcr28,1995 Include this page in each application that has a construction phase 00006"7 PART TER . . R NIN TRAFFIC WAY BIKEWAY If any of the applicable screening criteria below are not met,the proposal will not be ranked or evaluated any further. I. Does the project fit the TEA program? YES a. DIRECT RELATIONSHIP TO INTERMODAL TRANSPORTATION SYSTEM FunctionProximityImpact Briefly explain direct relationship to transportation system. (How does proposed activity enhance the transportation system?) EXTENDS EXISTING BIKEWAY FUNDED BY PROPOSITION 116 MONIES b. OVER AND ABOVE A NORMAL PROJECT Yes No✓ c. WHICH CATEGORY OR CATEGORIES ENCOMPASS THE TEA?(May be more than one.) _✓_I.Pedestrians and bicycles _6.Rehabilitation of historic transportation facilities 2.Acquisition of scenic easements and scenic or historic sites 3.Scenic or historic highway programs _7•Preservation of railway corridors for trails _4.Landscaping and other scenic beautification _8•Control and removal of outdoor advertising _5.Historic preservation _9•Archaeological planning and research _10.Mitigation of pollution due to highway runoff 2. Is the project consistent(or"not inconsistent')with federal,state,regional or local land use and regional transportation plans,goals and policies? Yes✓ No Describe the plans used in evaluating consistency: CITY OF ATASCADERO MASTER BIKEWAYS PLAN 3. Is the project financially viable? Yes✓ No 4. Is this project well-defined,well justified,and ready-to-go in the year proposed? Yes✓ No Describe evidence supporting this statement. AN EXTENSION OF AN EXISTING BIKEWAY AND AN EXISTING BIKEWAY PROJECT S. Does the project improve air quality or does it have a neutral air quality impact? Yes✓ No Neutral Describe evidence supporting this conclusion. PROMOTES/FACILITATES THE USE OF NON-POLLUTING MODES OF TRANSPORTATION 0. Is the project as proposed in compliance with clusion. the Americans with Disabilities Act? Yes No Not Applicable✓ Describe evidence to support this con HOWEVER,IT DOES FACILITATE ALTERNATE MODES OF TRANSPORTATION 7. For archaeology and historic preservation projects,is the proposal in compliance with the Secretary of the Interior's Standards and Guidelines for Archaeological and Historic Preservation? Yes No✓ Not Applicable If applicable,describe evidence to support this conclusion. *A Application 1996 STIP September 28,1995 Page 5 Include this page in each application 000068 PART FOUR:SCORING TRAFFIC WAY REAL BIKEWAY 1. Regional and Community Enhancement(Maximum 50 points) Please explain the activity's primary effects-its Intent and purpose-on the following elements: a.How does the project improve overall quality-0f--life,community,and/or environment? (0 to 10 points) EXTENDS EXISTING BIICEWAY TO FACILITATE/PROMOTE ALTERNATE NON-POLLUTING METHODS OF TRANSPORTATION. b.Describe how the activity increases access to activity centers,such as businesses,schools,recreational areas and shopping areas. Does the proposed project connect transportation modes,or does the activity have other multi-modal aspects? Does the project reinforce or complement the regional transportation system,or fill a deficiency in the system? (0 to 8 points) EXTENDS EXISTING BIKEWAY SYSTEM WHICH ACCESSES STATE HOSPITAL,SCHOOLS,BUSINESS CENTERS,SHOPPING CENTERS AND MUNICIPAL OFFICES c.Describe how activity implements goals in the regional transportation plan,or other adopted federal,state,or local plans. COMPLIES WITH ATASCADERO MASTER BIKEWAYS PLANNING (0 to 8 points) d.Please explain the degree to which the project increases availability or awareness of historic,community,visual or natural resources. (0 to 8 points) EXTENDS SAFE BICYCLE USAGE CONNECTING RESIDENCES,PLACES OF EMPLOYMENT,CITY AND COUNTY AGENCY OFFICES AND AREAS OF RECREATION AND ENTERTAINMENT e.Please describe evidence of degree of regional or community support and summarize that support below. (0 to 8 points)is BIKEWAYS ARE PART OF THE CITY MASTER BIKEWAY PLAN. FUNDING FOR EXISTING BIKEWAYS HAVE BEEN FUNDED FROM THE CITY GENERAL FUND,CITY ASSESSMENT DISTRICTS,STATE BOND(PROP 116)AND BY CALTRANS ADMINISTERED HIGHWAY AND HIGHWAY PARTNERSHIP FUNDS f.If the project encompasses more than one of the activity-specific divisions,explain. (Projects can score in only one of the activity-specific divisions below. (0 to 8 points) 2. Cost Effectiveness/Reasonable Cost(Maximum 10 points) What is the anticipated life of the facility or product resulting from this project in years? in excess of 80 years What is the total capital cost of the project?$413,000 Please indicate how reasonable or cost effective the project is on the following scale: Highly Cost Effective/Very Reasonable Costs ✓ Reasonable Costs/Moderately Cost Effective Less than Reasonable Costs/Low Cost Effectiveness Not Cost-Effective/Costs Are Not Reasonable Show any information,calculations,examples or comparisons that explain your selection above. Attach additional information. USES EXISTING ROAD SURFACE(EXTENDED WHERE NECESSARY). RIGHT-OF-WAY IS ALREADY SECURED. COST PER LINEAL FOOT OF ROAD IS APPROXIMATELY$35.00. TEA Application Form 1996 STIP Page 6 Uptember28,1995 Include this page in each application. 000069 PART FOUR:SCORING(continued) TRAFFIC WAY BIKEWAY • Division 1 1. Bicycle,Pedestrian or Abandoned Rail Right-of-Way Proposals: a. What is the need for the proposed activity? Please specify high,medium,or low and explain your answer. For example,is there a shortage of pedestrian or bicycle facilities available? Is there a missing link in connecting the intermodal system;how important is it? How necessary are new facilities serving the system? (Maximum 20 points) This project extends the core of the Atascadero Bikeway System. The extension is essential to connect to recent commercial and industrial developments. Increases access to places of employment,schools and essential services. b. How well does the proposal meet or address the opportunities and/or needs for-bicycle or pedestrian facilities? (Maximum 20 points) The total project is for extended bikeways. &-.A Application Forth 1988 STIP Page 7 September 28,1995 Include only one Page 7 in each application. 0000'70 PART F►v E: EARLY COORDINATION WITH CALTRANS AND REGIONAL TRANSPORTATION PLANNING AGENCY(RTPA) PROJECT TITLE: TRAFFIC WAY REAL BIKEWAY . CalTransDistrict No.5 RTPA: SLOCOG Administering Agency: CITY OF ATASCADERO Administering Agency Project Mgr.or Rep.(and Title): JOHN B NEIL,ASSISTANT CITY ENGINEER Address: 6500 Palma Avenue,Atascadero CA 93422 Phone: (805)461-5021 FAX: (805) 461-7615 Others present: REGIONAL TRANSPORTATION PLANNING AGENCY STAFF MEETING OR CONVERSATION: Name and Date: Ron DeCarti(SLOCOG)with City Engineer on various occasions LOCAL ASSISTANCE: NO CALTRANS LOCAL ASSISTANCE Anticipated start dates(projects will be programmed in 1996/97 and 1997/98): Preliminary Engineering Right of way Construction Anticipated construction completion date NHS Non-NHS Agency is,or will become,self-certified Yes No Caltrans District Local Assistance Signature(I have discussed these items with the Administering Agency): Name and title: Date: ENVIRONMENTAL: What is status of state and federal environmental documents? COVERED BY CITY STREET MAINTENANCE PROGRAM Federal Environmental Approval for transportation enhancement project(check proposed type and status): Type: Environmental Assessment Categorical Exclusion_✓ Environmental Impact Statement Status: Not Started Complete _In Progress _Anticipated Completion Date: Name of lead agency in environmental document CITY OF ATASCADERO Preliminary Environmental Investigations:Cultural resources records searched_t/ not searched. California species database searched_&/—not searched. Does project involve ground disturbance? YES Delivery dates for environmental documents: Is project locally designated as historic? NO Designation and source of criteria for local historic designation by governing body official: Caltrans District Environmental Analyst Signature(I have discussed these items with the Administering Agency): Name and title: Date: LANDSCAPE ARCHITECTURE: If project is in Caltrans right of way,is project site in a warranted or unwarranted area? If warranted,what is cost per acre? Who will design landscape project? Caltrans District Landscape Architect Signature(I have discussed these items with the Administering Agency): Name and title: Date: MAINTENANCE: Is project on Caltrans'right of way? Yes No_✓_ If yes,who will maintain? Caltrans District Maintenance Signature(I have discussed these items with the Administering Agency): TEA Application 19%STIP Pa8 c 9 September 28,1995 Include this page in each application 000071 PART r,JF.: EARLY COORDINATION WITH CA LTRANS AND REGIONAL TRANSPORTATION PLANNING AGENCY(RTPA) *.me and title: Date: RIGHT OF WAY: Check those that apply: _✓_Property was previously acquired by Agency in 1917. Project includes right of way acquisition or donation Right of way being used as part or all of match. Project proponent has had contact with owner(describe). Is the project financed by public funds with a public agency determining that the project will result in a clear,well-defined,and demonstrable public benefit?Yes_✓ No If yes,enter name of public agency: CITY OF ATASCADERO Enter public agency's definition of benefit: Is the work on public_✓ or private land? CITY OF ATASCADERO (Owner/Agency) If property is private,will it be deeded to a public entity upon completion of project?Yes—No— If esNoIf yes,name of public entity: Will a public/non-profit organization be involved in ownership? Yes—No If yes,name of organization: Is the site under a management plan? Can the public access the property?Yes No If yes,unrestricted_or restricted(fees,time limits,seasonal limits)_access? Is public use of the property allowed?Yes No If yes,list uses: Has easement rather than fee title been discussed?Yes_No_Can necessity of purchase be substituted? Caltrans District Right of Way Agent signature:(I have discussed these items with the Administering Agency) Name and title: Date: DISTRICT DIRECTOR(Required only when Administering Agency requests Caltrans to provide maintenance or match): 10 gree_do not agree_that Caltrans will maintain this project. gree do not agree_with the Administering Agency's request for state highway account match. District Director signature: Date: ADMINISTERING AGENCY PROJECT MANAGER: I met with the Caltrans Local Assistance Engineer. We have discussed where to access the federal forms and guidelines for this federal-aid project. I generally understand the administering agency's responsibilities for complying with: 1. NEPA and other federal environmental requirements,and 2. The overall federal regulations. I understand the administering agency requests initiation of the agreement with Caltrans;reimbursable costs may not be incurred until after FSTIP approval. Project Manager signature: Date: Additional comments: is IEA Application 1996 STIP Page 9 September 27,199S Include this page in each application 00007 PART SIX:ASSURAN . .c TRAFFIC WAY BIKEWAY This page must be signed for the project to be considered for funding. Commitment/Prior Commitment: 40 Has the project Administering Agency certified that it is willing and able to maintain and operate the project? Yes No ✓ Please describe the best evidence of the certification available. If none is available,when can one be provided? RESOLUTION BY CITY COUNCIL WILL BE AVAILABLE PRIOR TO NOVEMBER 1,1995 Project Administering Agency possesses legal authority to nominate transportation enhancement activity and to finance,acquire, and construct the proposed project,and by formal action(e.g.,a resolution)the Administering Agency's governing body authorizes the nomination of the transportation enhancement activity,including all understanding and assurances contained therein,and authorizes the person identified as the official representative of the Administering Agency to act in connection with the nomination and to provide such additional information as may be required. Project Administering Agency will maintain and operate the property acquired,developed,rehabilitated,or restored for the life of the resultant facility(ies)or activity. With the approval of the California Department of Transportation,the Administering Agency or its successors in interest in the property may transfer the responsibility to maintain and operate the property. Project Administering Agency will give the California Department of Transportation's representative access to and the right to examine all records,books,papers,or documents related to the transportation enhancement activity. Project Administering Agency will cause work on the project to be commenced within a reasonable time after receipt of notification from the State that funds have been approved by the Federal Highway Administration and that the project will be carried to completion with reasonable diligence. Project Administering Agency will comply where applicable with provisions of the California Environmental Quality Act,the National Environmental Policy Act,the Americans with Disabilities Act,the Secretary of the Interior's Standards and Guidelines . for Archaeology and Historic Preservation,and any other federal,state,and/or local laws,rules and/or regulations. I certify that the information contained in this transportation enhancement activity application,including required attachments, is accurate and that I have read and understand the important information and agree to the assurances on this form. Signed Date (TEA Administering Agency Representative as shown in Resolution) Printed(Name and Title) Andrew J Takata,City Manager Administering Agency City of Atascadero TEA Application Forth 1998 STIP Page 10 September 28,1995 Include this page in each application. 000073 NMI IR 4 tt x r Ki- ZQ sr -ss� r; '�'t I .tv� �� Spay Wile `. :- r'' } �' ``' r.r,•.ze 4„�, w z k" ,+ ; x -,z^3. 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A "3' � 'z` si`;: # r �. _ rF '+`� .rte? 3 .¢`a�k: ..�. y :~i;:. ! b:'s,.� 1. a gy : r } yx t rx�y ;a.�''riY'�' ' �t -? i3�.,..,,. ..r y- 4 r � � '��. � }� ,' � +.� -j �# t r• � r t 'r =k�`�'`x�a 1 *,y •-��,�fi .fin �y���� y� -. � � ,,,- is �' _ � � .FSS'z g � m;. �y. nryf���r�' & A � an .. F sx. _ . . . -, � - lot A20 � • #t a � S< Y ' a RK �r, '+ � 4 �'t r: ,1 `l _ „fit '__�r� ^' r,„, -�< ' gib= mf >± x •" ..."�Nkkks. �. Rl 3� r14 '�. 5. 8�'?;.� .^ ;-?.''�, '' :a ",q' s`' },`- "a i r;,•, �i,,'"a* „m a'r'F. a ':.��' at: da 1 ' . ,. €',�sns' X,f..£' ,qll ' I r' :,,.�+ ..: ,� . M�FTO L— amp gym" 1 p 3 OF p � ce a ' r rar3j a1 s , '02 � ������rt - �*., � y, h"sa ��. r , '.; .l�f .` t Mf- -ate : Tw" ; w`* '-�,, 4x x 3`"v. ars �n ✓ '+'� v�. "� „ a z., - ` � :nA 4";;� yy IN'S ' W- r . - ?e, th,"r WT s� '� ',p '' M - sx^`r x 1 �k �. x wJai qMh r � ,. c .� � `' '� sit .�-; � gym..-�^. c., � '•��Y ;' _� S s r �'•* „-_ ..'�' �: t'x, ;a. `xr .'"fid�s`` - a S. §; ,.' + @.,F -Yy.. ...,.c .v� . M�-a o"` wEll owl INK r wM o laps 1. 04 AN SMAi v -IT �� s;Mmv any R s K �. - .;o "3,4 .°; 5. nwn IN ,+ AW �tM� �`moi�. �" � g r � �• � �. � x- �,.� �. � � a' r .�' �rf"' x � .r -Wa, �,. sw 4�" B. ANALYSIS• • The project site is located on the east side of Atascadero Avenue roughly 500 feet north of its junction with Portola Road (Attachments A & B) . The site presently consists of two (2) parcels which are both improved with a single family residence and accessory buildings. The applicant wishes to subdivide the site into five (5) lots -- proposed Lots 1 & 5 would contain the existing residential structures and proposed Lots 2, 3 & 4 would be developed for single family residential use at some future date (Attachment C) . As required by the RSF-X zoning of the site, each of the proposed lots would have a net area of one-half acre, or 21,780 square feet. Environmental Setting The tentative map is drawn at a relatively small scale (1" = 40' ) and shows contour lines at one-foot intervals. This tends to exaggerate the slope of the site. Upon closer review, we find the average slope of the site is less than five (5) percent with no portions of the site at or exceeding ten (10) percent. Although there are several Oaks on proposed Lot 1, no tree removals would be required as the lot is already developed. Proposed Lots 2, 3 & 4 are devoid of trees and flat enough to where no significant grading would be required upon development. There is one 22" dbh Oak, however, that would probably have to be removed to construct the proposed new street (see below) . In addition, there are two (2) Oaks located along Atascadero Avenue which may be impacted by improvements along Atascadero Avenue. Proposed New Street - Subdivision Exception Request Presently, the residence on what is proposed to become Lot 5 is accessed from a paved private driveway that also serves other parcels not a part of this project. The applicants for this project propose to replace the private driveway with a City- Standard street to serve not only the existing parcels along the private driveway but also those new parcels resulting from this subdivision (total of nine lots) . Although the applicants are proposing to construct the new street in accordance with City Standards as far as the physical street section is concerned, an exception from Engineering Standards which require dedication of a fifty (50) foot right-of-way is requested (Attachment D) . Staff fully agrees with ,the applicant that an urban street with concrete sidewalks is inappropriate, that there is no existing or future need for a through street in this location and that a City Standard street without sidewalks can easily be constructed within a forty (40) foot right-of-way. 2 0000'76 The Planning Commission should be advised that the Engineering Division recommends that the new street be constructed to City Standard 405 (Attachment E) and that a dedicated right-of-way of fifty (50) feet be required. The Planning Division staff disagrees with such recommendations and feels that City Standard 401 (Attachment F) would be much more appropriate for the reasons articulated by the applicant in Attachment D. The construction of an urban street with concrete curbs, gutters and sidewalks would indeed be inconsistent with the General Plan and with the rural atmosphere fostered not only in this neighborhood but in single family neighborhoods throughout the City. Since the appropriate City Standard street can easily be constructed within a forty (40) foot right-of-way, it seems the taking of right-of-way in excess of that would be unjustified and onerous. Moreover, if the exception request relative to the right-of-way dedication for the proposed new street is not approved, the project would no longer meet density requirements as the net acreage of the proposed new lots would fall below one- half acre. If this happens, the applicants would likely pursue approval of a Parcel Map that looks much like the one shown by Attachment G. Such a Parcel Map, which appears approvable, would result in the same overall density as the proposed project yet would require the construction of another paved private common driveway adjacent to the existing paved private common driveway. Staff feels the proposed project -- to replace the existing private common driveway with a City Standard street is far superior from the standpoint of safety, appearance, neighborhood compatibility and environmental quality. In fact, if a tentative parcel map similar to that shown by Attachment G were proposed, staff would have little choice but to reject it until an explanation could be provided as to why neighboring properties could not be included to allow for the construction of a City- Standard street (See Subdivision Ordinance, Section 11-8.209) . Atascadero Avenue Improvements The Engineering Division has recommended that Atascadero Avenue be fully improved to City Standard 406 (Collector) . This Standard also calls for concrete curb, gutter and sidewalk. The Planning staff agrees that Atascadero Avenue should be improved as part of this project. For the same reasons discussed above, however, staff has altered Engineering Division conditions to substitute a decomposed granite or asphalt walkway for concrete curb, gutter and sidewalk. The altered condition may make it possible for existing trees along Atascadero Avenue to be saved; it would also result in improvements that conform to those being constructed in conjunction with a nearby subdivision (Tract 2153 -- intersection of Atascadero Avenue and Portola Road) . 3 000077 ,� Sewage Disposal • Sewage disposal is not thought to be an issue, as sewer service is available to the site. At present, however, separate sewer laterals serving one of the existing residences on the site and other existing residences not part of this project extend along the existing common driveway to a sewer main in Atascadero Avenue. As part of the construction of a City-standard street in place of the common driveway, the abandonment of individual laterals and construction of water and sewer main extensions would be required. Environmental Review It is clear from information provided that project approval would not result in significant vegetation removal or grading. Having completed an Initial Study, staff finds no substantial evidence that project approval could have a significant effect on the environment. A Negative Declaration has therefore been prepared and posted (Attachment H) . Review of Other Agencies According to the Fire Marshal, a new fire hydrant is needed to serve the proposed lots. A condition requiring placement of a new fire hydrant in the vicinity of the new cul-de-sac is therefore recommended. CONCLUSIONS• The project is consistent with the City' s General Plan and, with conditions of approval recommended herein, satisfies applicable Zoning and Subdivision Ordinance requirements. Upon review of the site and its surroundings, staff finds no indication that potentially significant environmental effects could result from project approval and further finds the project consistent with the character of the neighborhood in which it is located. ATTACHMENTS: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (zoning) Attachment C -- Tentative Parcel Map Attachment D -- Subdivision Exception Request Attachment E -- City Standard 405 Attachment F -- City Standard 401 Attachment G -- Alternative to Proposed Project Attachment H -- City Standard 406 Attachment I -- Negative Declaration Attachment J -- Subdivision Exception Findings Attachment K -- Findings for Approval Attachment L -- Conditions of Approval 4 0000'78 �z .IR Nam • OMNI° IMI'm IF tv it wrl AW • SAO^ � gnaw, ' ATTACHMENT B CITY OF ATASCADERO LOCATION MAP (ZONING) TTM #95001 H.M • COMMUNITY DEVELOPMENT DEPARTMENT 1 0 CR r-` V / Qv c,� \ COq; w' \\ JJJ / 9S►a l _ � Q � k� PIS 7.08 a ti4 � �T 1 T O Ir 4VF-� o 4Y o �. �l + AD1 M JX� VIEW 'CA; � \ c RIVE rte` L ( f 1 IV 000080 = KZ , TENTATIVETTRACT MAP 1 CITY OF .ATASCADERO ?L;"' TTM 495001 �:oln'Bla B ��m. COMMUNITY DEVELOPMENT DEPARTMENT — z - 9 1f!j if I X o 91- I B cv r II y i §= N ail lies ..231triI � a r 7 FI S. 1� �B 04 CA E nil. 5 2 $ h I I B aNO 155 fill LL 04 • •Z g huff .»•.:.n,.� � m a - m ` t 1 " W, ON ! � • V of I (-'•LL'•.Td �� IL ■ 3883 nM ! b I, 'l I• r __ -- y p^ SERO ,vg I'S —►' 'I 000081 �/ t ATTACHMENT D SUBDIVISION EXCEPTION REQ. CITY OF ATASCADERO TTM #95001 COMMUNITY DEVELOPMENT DEPARTMENT j ROBERT S. FISHER, An Architectural Corporation Architect C-17280 8925 ATASCADERO AVENUE 3 ATASCADERO, CA. 93422 TEL. & FAX 805-461-4804 30 June 1995 City of Atascadero Planning Commission• - 6500 Palma Avenue Atascadero, Ca. 93422 Re: Exception Request for Tract Map 2204 Burton / Fisher Subdivision Minimum Road Right-of-Way Standards • Commissioners, Please accept this letter as my formal request for a reduction in the minimum road right-of-way width from 50' to 40' for the above referenced tract map. The city's minimum right of way width standard of 50' for new 'rural local' road sections is much greater than that required to encompass all of the improvements (traffic lanes and based shoulders) for this project. This standard certainly has merit for hillside situations to control erosion on steep side grades. but is excessive for relatively flat cross sections such as this. In my opinion, the adopted engineerinq standards and the Circulation Element are somewhat In conflict with the General Plan. (i.e.. Land Use Element - Basic Community Goals, Paragraph A.) Rural roads generally mean the absence of sidewalks. The city adopted road standards appear to be designed to include sidewalks sometime in the future. This is in conflict with the generally accepted definition of a rural road. The proposed street is relatively short in length, is designed as a cul-de-sac. will serve a maximum of 10 homes, has no severe or even moderate cross-slope conditions. and all the Improvements can be constructed and maintained within a 30' to 36' width. It is my opinion that the required findings for granting this exception (per Chap. 1 1 . Sec. 1 1-1 1.002 of the Subdivision Ordinance) are present in this proposed design. It is for these reasons that I respectfully request a reduction in the required road right-of-way standard from a 50' to a 40' width. Thank you for your consideration. neer ly, obert Fisher, Architect JUV COMM UNITY DEVEM?.11CMT 000082 �� ATTACHMENT E CITY STANDARD 405 CITY OF ATASCADERO TTM 495001 COMMUNITY DEVELOPMENT DEPARTMENT • _ REVISIONS APPROVALS DESCRIPTIONS BY DATE APPROVED COUNCIL RESOLUTION NO. 26-92 3 10 92 3 MINIMUM R/W: 50' 46' 5- 27 IN.2 'B'MA.C.TYPE l 2% u • r cu P.C.C. SIDEWALK 6' MIN. CLASS it AGC. BASE TYPE 'A' CURB AND GUTTER R.A.L. BY: CITY OF ATASCADERO . DRAWING NO. � SIGNED BY: ENGINEERING DEPARTMENT S. TYPICAL SECTIONS 405 i 2 27.sit '.' FILE NAME: LOCAL ' 000083 s ATTACHMENT F CITY OF ATASC"ERO TTMY095001STAND401 • ha a left COMMUNITY DEVELOPMENT DEPARTMENT . REVISIONS _. APPROVALS ,... ... _., ,..... DESCRIPTIONS BY I DATE APPROVED COUNCIL RESOLUTION NO. 26-92 3/10/92 i 1 MINIMUM R/W: 40' EXISTING ROADS . 50' NEW ROADS T 30' 10' 10' 4' X r MIN. TYPE -BA.C. (TYP.) 2 2x 2x Sz * 2� 6* MIN. CLASS 0 AGG. BASE (TYP.) TYPE A —32' 3- 3• ASPHALT DIKE AND MIN. 13' 13' MIN. PAVED SHOULDERS TO 2" MIN. TYPE BE INSTALLED WHERE 'B" A.C. (TYP.) NEEDED TO CONTROL 112 Sz _ DRAINAGE OR EROSION. 22% 2% 5X 6' MIN. CLASS II AGG. BASE (TYP.) . TYP E e * NOTE AS AN ALTERNATE THE CHOKER CAN BE EUMINA70 AND THE AGG. BASE CARRIED TO THE HINGE POINT. . DRAWN BY. CITY OF ATASCADEROAv�nNc No. ~ULS . IG - ENGINEERING DEPARTMENT OR TYPICAL kCTIONS 401 r 2 92 =e HLE NAME: RURAL LOCAL 000064 { ATTACHMENT G 1 CITY OF ATASCADERO PROJECT ALTERNATIVE TTM #95001 COMMUNITY DEVELOPMENT - DEPARTMENT Y 3 W C S loth Bal .rf-KM[l1 � J 02 o _ mm I- Y : Y=tR- 6 1 i •p -4• � y• 1 ` � �o o ��� 03 25 Y - ava 1•v ` �� 10 a p�L� orb pSEUpf ;�oi-is.€ +3t UmnN O i l 96 14CA r qt00 y - . ��S2�E��9EY,=�p83mo0Z i i f air�r.x%�`1,�, .'-93�f°`'•F 9yi',r 1�J9\�91 F1—r�•r1 ..)1-.:j Exr t� YPyy�:�� g n . e T wO 0<03 __--- i - 3 CHU _- 000085 ATTACHMENT H CITY STANDARD 40 6 CITY OF ATASC"ERO TTM #95001 I COMMUNITY DEVELOPMENT DEPARTMENT REVISIONS APPROVALS DESCRIPTIONS BY I DATE 1APPROVED COUNC31. RESOLUTION NO. 26-92 3 10 92 MINIMUM R/W: 60- R R/W — 60' 5' 20' 20' MIN. 5' 2' MIN. TYPE 21 'B' AC. (T'YP) 2X 2X 2% 2% 2 th P.C.79DEWAtXMIN. CLASS 11 AGG. BASE AND GUTTER ' CITY OF ATASCADERO R.A.L.WrtV ENGINEERING DEPARTMENT DRAWING NO. a SIGN Y: ; ' s'I'S' TYPICAL SECTIONS 406 FILE AT4o6 OWL: COLLECTOR -' 0 S6 h' ATTACHMENT I NEGATIVE DECLARATION CITY OF ATASCADERO TTM #9 s o 01 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ATASCADERO ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION COMMUMN DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO.CA 93422 (805)461-5035 'APPLICANT: -a.a Sg2S �i 't��o t�1t PROJECT TITLE: 95C 1 PROJECT LOCATION: �t'�SGA-DE-20 aJ&-1P\3G' PROJECT DESCRIPTION: SQ aDt\/t D E 7 u 0 63Ut-. 1t C LOTS 1�im CS) PAeCa S 0P '12- Ae-zo t . FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited.but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERNMNATION: - Based on the above Endings.and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department).it has been determined that the above project will not have an adverse impact on the environment. eery Engen Community Development Director - Date Posted: -T•Z S•`�� Date Adopted: 4 000p8'7 ATTACHMENT J - Findings for Subdivision Exception Tentative Tract Map #95001 8805 Atascadero Avenue (Fisher/Burton/Wilson Land Surveys) September 19, 1995 SUBDIVISION EXCEPTION FINDINGS: The following Findings are hereby made to avoid having to require the subdivider and/or future owners of property affected by the subject subdivision to dedicate a 50-foot right-of-way for the proposed new street. Upon making these Findings, a dedicated right-of-way of only forty (40) feet will be required: 1. The property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in the Subdivision Ordinance. 2. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification. 3. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. 4. Granting the modification is in accord with the intent and purposes of the Subdivision Ordinance, and is consistent with the General Plan and with all applicable specific plans or other plans of the City. TTM95001.exc • 000088 ATTACHMENT K - Findings for Approval Tentative Tract Map #95001 8805 Atascadero Avenue (Fisher/Bunton/Wilson Land Surveys) September 19, 1995 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed . improvements, will not cause substantial environmental. damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems. TTM95001.fin • 000089 ATTACHMENT L -- Conditions of Approval Tentative Tract Map #95001 8805 Atascadero Avenue (Fisher/Burton/Wilson Land Surveys) September 19, 1995 CONDITIONS OF APPROVAL: Planning Division Conditions 1. As proposed, the existing storage sheds and concrete slabs on proposed Lot 1 which are located within and near the right-of-way to be dedicated for the new street shall be removed. Said demolition or relocation shall be completed, pursuant to an approved building permit, prior to the recordation of the final map. 2. As proposed, the portable shed located on proposed Lot 2 shall be properly relocated or removed from the site prior to the recordation of the final map. A building permit shall be obtained for the relocation/removal if required. 3. A one-foot wide access denial strip shall be shown on the final map along the entire Atascadero Avenue frontage of the site excepting therefrom that portion of the site to be dedicated for street right-of-way purposes. All of the proposed Lots, including proposed Lot 1, shall be accessed exclusively by the new street; any existing access to proposed Lot 1 directly from Atascadero Avenue shall be properly abandoned. 4. A name shall be assigned to the proposed new street and the name shall appear on the final map. The applicant may propose the new street name or have one assigned by Community Development Department staff. Regardless, the street name shall comply with City policy with respect to the naming of streets, as determined by the Community Development Department. 5. Any native trees removed in conjunction with subdivision improvements shall be replaced as prescribed by the Tree Ordinance prior to final inspection of the improvements. Fire Department Conditions 6. Prior to the recordation of the final map, a new fire hydrant shall be installed along the proposed new street. The precise type and location of said fire hydrant shall be as approved by the Fire Marshall and City Engineer during the review and approval of improvement plans. 1 V V V lJ g o Wastewater Operations Conditions 7. All existing sewer laterals along the common access drive shall be properly abandoned and an 8-inch sewer main shall be extended along the new street to serve each lot that fronts on, or gains access from, the new street. All existing buildings shall be connected to the newly extended sewer main, and access to the newly extended sewer main shall be made readily available to vacant lots to ultimately be served by the newly extended sewer main, prior to recordation of the final map. Engineering Division Conditions (as amended by Planning Division) 8. All improvements shall be constructed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 9 . The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the final map, all outstanding plan check/inspection fees shall be paid. 10. An _encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. 11. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. A separate document shall be recorded in conjunction with the final map stating that a soils report has been prepared. The document shall state the date of the report along with the name and address of the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created lots. 12. All improvements within the public right-of-way shall be covered with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on 2 000091 �! an engineer's estimate submitted by the project engineer and . approved by the City Engineer. The estimate shall be based on City standard unit prices. The Guarantees posted for this project shall be approved by the City Attorney. 13. A six (6 ) foot Public Utility Easement (PUE) shall be provided contiguous to all street frontages. 14. All existing and proposed utility, pipeline, drainage, open space, scenic or other easements shall be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 15. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 16. Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface as required by the City Engineer. 17. Drainage facilities shall be designed such that there is no increase in storm water flows onto adjacent properties. An exception may be permitted by the City Engineer if it can be demonstrated that there are adequate downstream facilities or natural watercourses available to handle the total flow from the fully developed basin during a 25-year storm event without exceeding the capacity of any drainage facility. Drainage shall cross lot lines only where a private drainage easement has been provided. Drainage from off-site areas shall be conveyed across the project site in private drainage easements. To determine the appropriate location of necessary drainage easements to be shown on the final map, the applicant shall submit an engineered drainage plan for review and approval of the City Engineer prior to recordation of the final map. 18. Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to recordation of the final map. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: a. Atascadero Avenue shall be improved from centerline to the property frontage in substantial conformance with City Standard 406 along the entire property frontage, 3 000092 '`r except that a decomposed gravel or asphalt walkway shall be constructed in lieu of a concrete curb, gutter and sidewalk. The improvements may require the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. b. A 5-foot offer of dedication shall be provided along Atascadero Avenue contiguous to the property frontage. The offer of dedication shall be recorded prior to, or in conjunction with, the recordation of the final map. C. The on-site street shall be fully improved to City Standard 401 (Rural Local) . d. A 40-foot offer of dedication shall be provided for the on-site street. The offer of dedication shall be recorded prior to, or in conjunction with, the recordation of the final map. e. The on-site street cul-de-sac shall be fully improved to City Standard 415, minus the curb, gutter and sidewalk. f. Slope easements shall be provided along the right-of- way as needed to accommodate cut or fill slopes. 19. The applicant may, subject to the approval of the City Manager and in lieu of constructing the improvements required by these Conditions of Approval, enter into an agreement to contribute to a Road and Drainage Improvement Fund. The form and content of the agreement shall be reviewed and approved by the City Attorney. 20. All property corners shall be monumented for construction control and shall be promptly replaced if disturbed. All final property corners and street monuments shall be installed, or bonded for, prior to acceptance of the improvements. 21. A blackline clear Mylar (0.4 mil) copy and a blue line print of the Tract Map shall be provided to the City upon recordation. 22. A Mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection. A certification shall be included that all survey monuments have been set as shown on the Tract Map. 4 00009.E 4 23. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the City Engineer for approval. 24. The applicant shall acquire title or interest in any off- site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 25. Sewer annexation fees shall be paid prior to recordation of the final map. 26. All improvements required by these conditions shall be completed, or bonded for, prior to recordation of the final map. The applicant shall enter into a Subdivision Agreement with the City if the work is to be bonded. The Subdivision Agreement shall be submitted for review and approval by the City Attorney and City Engineer. The Subdivision Agreement shall be recorded in conjunction with the final map. 27. This tentative map approval shall expire two (2) years from • the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. TTM95001.con 5 000094 `; ATTACHMENT B REVISED CONDITIONS TTM #95001 ATTACHMENT L -- Conditions of Approval Tentative Tract Map #95001 8805 Atascadero Avenue (Fisher/Burton/Wilson Land Surveys) Revised by Planning Commission @ September 19, 1995 Hearing CONDITIONS OF APPROVAL: Planning Division Conditions 1. As proposed, the existing storage sheds and concrete slabs on proposed Lot 1 which are located within and near the right-of-way to be dedicated for the new street shall be removed. Said demolition or relocation shall be completed, pursuant to an approved building permit, prior to the recordation of the final map. 2. As proposed, the portable shed located on proposed Lot 2 shall be properly relocated or removed from the site prior to the recordation of the final map. A building permit shall be obtained for the relocation/removal if required. 3. A one-foot wide access denial strip shall be shown on the final map along the entire Atascadero Avenue frontage of the site excepting therefrom that portion of the site to be dedicated for street right-of-way purposes. All of the proposed Lots, including proposed Lot 1, shall be accessed exclusively by the new street; any existing access to proposed Lot 1 directly from Atascadero Avenue shall be properly abandoned. 4. A name shall be assigned to the proposed new street and the name shall appear on the final map. The applicant may propose the new street name or have one assigned by Community Development Department staff. Regardless, the street name shall comply with City policy with respect to the naming of streets, as determined by the Community Development Department. 5. Any native trees removed in conjunction with subdivision improvements shall be replaced as prescribed by the Tree Ordinance prior to final inspection of the improvements. Fire Department Conditions 6. Prior to the recordation of the final map, a new fire hydrant shall be installed along the proposed new street. The precise type and location of said fire hydrant shall be as approved by the Fire Marshall and City Engineer during the review and approval of improvement plans. 1 . Wastewater Operations Conditions 7. All existing sewer laterals along the common access drive shall be properly abandoned and an 8-inch sewer main shall be extended along the new street to serve each lot that fronts on, or gains access from, the new street. All existing buildings shall be connected to the newly extended sewer main, and access to the newly extended sewer main shall be made readily available to vacant lots to ultimately be served by the newly extended sewer main, prior to recordation of the final map. Engineering Division Conditions (as amended by Planning Division) 8. All improvements shall be constructed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 9 . The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the final map, all outstanding plan check/inspection fees shall be paid. 10. An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. 11. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. A separate document shall be recorded in conjunction with the final map stating that a soils report has been prepared. The document shall state the date of the report along with the name and address of the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created lots. 12. All improvements within the public right-of-way shall be covered with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on 2 000096 an engineer' s estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices. The Guarantees posted for this project shall be approved by the City Attorney. 13. A six (6 ) foot Public Utility Easement (PUE) shall be provided contiguous to all street frontages. 14 . All existing and proposed utility, pipeline, drainage, open space, scenic or other easements shall be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 15. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 16. Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface as required by the City Engineer. 17. Drainage facilities shall be designed such that there is no increase in storm water flows onto adjacent properties. An exception may be permitted by the City Engineer if it can be demonstrated that there are adequate downstream facilities or natural. watercourses available to handle the total flow . from the fully developed basin during a 25-year storm event without exceeding the capacity of any drainage facility. Drainage shall cross lot lines only where a private drainage easement has been provided. Drainage from off-site areas shall be conveyed across the project site in private drainage easements. To determine the appropriate location of necessary drainage easements to be shown on the final map, the applicant shall submit an engineered drainage plan for review and approval of the City Engineer prior to recordation of the final map. 18. Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to recordation of the final map. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: a. Atascadero Avenue shall be improved from centerline to the property frontage in substantial conformance with City Standard 406 along the entire property frontage, 3 000097 except that a decomposed gravel or asphalt walkway shall be constructed in lieu of a concrete curb, gutter and sidewalk. The improvements may require the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. b. A 5-foot offer of dedication shall be provided along Atascadero Avenue contiguous to the property frontage. The offer of dedication shall be recorded prior to, or in conjunction with, the recordation of the final map. C. The on-site street shall be fully improved to City Standard 401 (Rural Local) . d. A 40-foot offer of dedication shall be provided for the on-site street. The offer of dedication shall be recorded prior to, or in conjunction with, the recordation of the final map. e. The on-site street cul-de-sac shall be fully improved to City Standard 415, minus the curb, gutter and sidewalk. • f. Slope easements shall be provided along the right-of- way as needed to accommodate cut or fill slopes. 19. The applicant may, subject to the approval of the City Manager and in lieu of constructing the improvements required by these Conditions of Approval, enter into an agreement to contribute to a Road and Drainage Improvement Fund. The form and content of the agreement shall be reviewed and approved by the City Attorney. 20. All property corners shall be monumented for construction control and shall be promptly replaced if disturbed. All final property corners and street monuments shall be installed, or bonded for, prior to acceptance of the improvements. 21. A blackline clear Mylar (0.4 mil) copy and a blue line print of the Tract Map shall be provided to the City upon recordation. 22. A Mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection. A certification shall be included that all survey monuments have been set as shown on the Tract Map. 4 000098 23. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the City Engineer for approval. 24. The applicant shall acquire title or interest in any off- site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 25. Sewer annexation fees shall be paid prior to recordation of the final map. 26. All improvements required by these conditions shall be completed, or bonded for, prior to recordation of the final map. The applicant shall enter into a Subdivision Agreement with the City if the work is to be bonded. The Subdivision Agreement shall be submitted for review and approval by the City Attorney and City Engineer. The Subdivision Agreement shall be recorded in conjunction with the final map. 27. This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. 28. The lot line separating proposed lots 1 & 2 shall be rotated slightly such as to not alter the respective acreage of each lot but to achieve a more perpendicular alignment with the right-of-way line of the proposed new street. TTM95001.co2 5 0 00,0099 ATTACHMENT C 9/19/95 MINUTES TTM #95001 Planning Commission Meeting, September 19, 1995 ACTION: The Planning Commission finds that the Negative Declaration prepared for the project is adequate under the requirements of the California Environmental Quality Act (CEQA) . Motion: Wallace Second: Zimmerman AYES : Wallace, Zimmerman,. Bowen, Hageman, Sauter, Edwards NOES: None ABSENT: Johnson ACTION: The Planning Commission approves of the requested Subdivision Exception based on the Findings contained in Attachment J. Motion: Wallace Second: Sauter AYES : Wallace, Sauter, Bowen, Zimmerman, Hageman, Edwards NOES : None ABSENT: Johnson ACTION: The Planning Commission finds that Tentative Tract Map #95001 be approved based on the Findings for Approval contained in Attachment K and the Conditions of Approval contained in Attachment L with the addition of #28 . Motion: Wallace Second: Zimmerman AYES : Wallace, Zimmerman, Bowen, Hageman, Sauter, Edwards NOES : None ABSENT: Johnson (Page 6 of 7) 0001M Planning Commission Meeting, September 19, 1995 SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS (continued) . 2 . TENTATIVE TRACT MAP #95001: Public hearing to consider an application to divide two (2) existing parcels into five (5) lots of one-half acre each (net) for single family residential use. The application includes a subdivision exception request relative to the width of right-of-way that must be dedicated for the proposed new street . STAFF RECOMMENDATION: (Kaiser) 1 . That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) ; and 2 . That the requested Subdivision Exception be approved based on the Findings contained in Attachment J; 3 . That Tentative Tract Map #95001 be approved based on the Findings for Approval contained in Attachment K and the Conditions of Approval contained in Attachment L. TESTIMONY: Jane Smith' s letters were read into the record by Mr. Kaiser. Michael Lang, 8935 Atascadero Avenue, requested that the applicant provide underground electrical service to his home, paving his driveway and arrange for drainage to go down the other side of the street . Mrs . Hammond, 8700 block of Atascadero Avenue, contacted Commissioners Wallace and Zimmerman to express concerns about drainage. Robert Fisher, the applicant, indicated that he will be as good a neighbor as he can afford to be. (Page 5 of 7 000101 r r' 'r-k%.nriciv � u LETTER FROM NEIGHBOR TTM #95001 9/19/95 City of Atascadero 6500 Palma Atascadero, CA 93422 Dear Sirs : LII' 104,-fNI'i Reference is made to planned sub-division by Marry Burton and Robert Fisher sited in the $900 block of Atascadero Ave . near the junction of Portola Road. A proposed street is planned that will take over a private driveway servicing four (4) flag lo-Es at present ,and will in future serve up to seven (7) lots . Developers require the proposed city street be reduced from the required 50 feet to 40 feet to allow sufficient square footage for lots . I firmly believe the city will need the extra width for school children and bicyclers so that when a garbage truck is picking up cans and cars are squeezing by the truck there will be sufficient roorr, for school children. There should be no exception to the width o city streets especially where school children are concerned. Very truly �� yo W,S , Harry W. Smith 8950 Atascadero Ave . 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''` boy hit �'# .r gP - a � �.��•, ''�, s G E �y -A"' ''"`• .:�, 's.'',€. -t,nr '.>TM'Z,r ,�r„� n� .��'pY��,; 4n:. �. �a- �, �, x # -Y3<; i. 4 dv 'a�' 6' ,,RW'4g`?F '�.a^` � t; '" s.� +t-z. '�•` � �::g� .��; � � '� >�"' r -" `.. >:'` _'tit �' �' `� c �'' , ;. •C.' '' Y �. �`'Vis''r''� � r c" *,,�'�« ,fir w�-� -'�'`;, �` s _, '�` = i� '. mix " ���� ��• j��x,f�.�a.�` :f � abs 8 �` #'� ", �" �. �,y ate' Y �;� � �£ �'�;, �:� {i� _ fix.-:`''" t?�,'`,�'°4`.-, M" .z*,.. Albeit rare, there have been cases where new conditional use permits have been required prior to granting such building permits and/or business licenses. This occurs when staff finds that either applicable development standards would not be met (i.e. , proposed use is not allowed, adequate parking is not available, signs are too large, etcetera) or that the proposed use indeed constitutes a substantial deviation from the 1978 CUP approval (i.e. , demolition of old Taco Bell building and reconstruction of new building with drive-though component) . Village Caffe' The Village Caffe' first applied for a business license and building permit (for interior alterations) in July of 1993. The space in which this restaurant was proposed (and exists today) was one that had been used as a restaurant since the building was completed in 1980. After finding that the use was allowed and consistent with both the 1978 CUP and all applicable development standards, the license and building permit were issued. In June of 1995, the Village Caffe' requested to revise their business license to incorporate a 12' X 34 ' patio area to the rear of the existing restaurant to be used for outdoor dining after 5: 00 pm only (Attachment E) . The proposed outdoor dining, which was to accommodate three (3) tables of four and two (2) tables of two, did not require a building permit. The outdoor dining area did not violate any development standards and did not, in staff' s opinion, constitute a substantial modification of the CUP approved in 1978 for the overall center. Staff therefore approved the request but held the proprietors to their proposal with respect to not using the outdoor dining area before 5:00 pm. This "after 5:00 pm only" condition mooted any concerns that the additional five (5) tables could cause, or worsen, parking problems within the center as most of the tenants within the center are closed after 5:00 pm. In July of 1995, the Village Caffe' filed yet another business license amendment request to eliminate the 5: 00 pm restriction. A floor plan accompanied this request which demonstrated that existing tables from within the restaurant would be moved to the outdoor patio area and that the provision of outdoor dining would in fact not result in a net increase in the number of tables. This being the case, the business license was re-approved and the 5: 00 pm restriction was eliminated. With their amended business license in hand, the Village Caffe' began work on the patio. Soon thereafter, staff received a complaint from a neighboring resident who was concerned that increased noise and lighting potentially associated with the approved outdoor dining use would adversely affect the enjoyment of his residential property (Attachment F) . 2 00010`7 2 Staff assured the neighboring resident that the approved business license amendment, which did not authorize additional lights, would not exempt the Village Caffe' from having to adhere to the City' s noise and lighting standards. After indicating a distrust for the City' s enforcement program, the neighbor remained opposed to the approval and continued to argue that the outdoor dining use should have been considered a substantial modification of the 1978 CUP and should have therefore been subject to a new CUP process. Realizing that administrative decisions such as the granting of a business license amendment were appealable to the Planning Commission, staff responded to the neighboring resident with a letter which clarified the business license approval process and provided an opportunity for appeal (Attachment G) . After filing one incomplete letter of appeal, a formal and complete appeal was eventually received (Attachments H & I, respectively) . DISCUSSION: Turning now to specific points raised by the appellant, staff offers the following: Noise Complaint -- The dumping of empty wine bottles behind the restaurant, sometimes late at night, generates excessive noise. Staff Response -- The City has adopted noise standards to limit the transmission of noise off-site. Occasional "bottle clinging" would not violate these noise standards nor would normal dinner conversation. In connection with the outdoor dining proposal, the Village Caffe' was advised of a condition of approval imposed by the 1978 CUP which prohibits "outdoor storage or the outdoor accumulation of trash and debris" and has agreed to designate an indoor area for the collection of empty bottles. Bottle clinging should therefore no longer be an issue. Finally, complaints that noise standards are being violated are processed (and substantiated) through the City' s Compliance Official, not the Planning Commission. If noise violations are substantiated by the Compliance Official, the noise violator would either have to ( 1) cease the noise generating activity, (2) apply to change the noise standards or (3) apply for a variance to exceed noise standards. In no case would this noise issue trigger a CUP process. Lighting Complaint -- None of the lights within Adobe Plaza are properly shielded and excessive light is being directed off-site. Staff Response -- No additional lighting has been approved nor proposed in connection with the outdoor dining area. The appellant may be correct that existing lights do not comply with City standards, but this should have no bearing on the level of review for, nor the appropriateness of, the proposed outdoor dining. Once again, complaints that City lighting standards are being violated are processed (and substantiated) through the City Compliance 3 000108 Official, not the Planning Commission. If lightingviolations are substantiated by the Compliance Official, the lighting violator would either have to (1) replace the lights with ones that comply with lighting standards, (2) apply to change the lighting standards or (3) apply for a variance to exceed lighting standards. In no case would this lighting issue trigger a CUP. Setback Complaint -- Commercial use of the setback area behind Adobe Plaza is inconsistent with Zoning provisions which require a setback. Staff Response -- The appellant argues that the outdoor dining area violates building setback requirements of the Zoning; Ordinance and, in doing so, references portions of certain Zoning Ordinance Sections. A careful reading of these same Sections in their entirety, however, leaves little question that the outdoor dining area indeed complies with building setback requirements. In its entirety, the Section referenced in the third paragraph of Attachment I (Sec. 9-9. 102 - Definitions) reads as follows: "Setback: An open area on a lot between a building and a property line unoccupied and unobstructed from the ground upward, except as provided in Section 9-4.103. " (emphasis added) The fourth paragraph of Attachment I references Section 9-4. 103, which, in its entirety, reads as follows: "The following Sections establish standards for the use and size of building setbacks. The purpose of these standards is to provide for open areas around structures where needed for: visibility and traffic safety; access to and around buildings; access to natural sunlight; separation of incompatible land use; and space for privacy, landscaping', and private recreation. These standards are organized as follows: 9-4.104 Exceptions to Setback Standards 9-4. 105 Use of Setbacks 9-4.106 Front Setbacks 9-4. 107 Side Setbacks 9-4. 108 Rear Setbacks 9-4. 109 Interior Setbacks and Open Areas 9-4. 110 Projections Into Required Setbacks" The appellant is correct that Sections 9-4. 103 through 9-4. 110 address not only setback requirements for buildings but use limitations within building setback areas. Confusion arises, however, from the selective reading of certain portions of these Sections. In discussing rear setback requirements in commercial and industrial zones, the Ordinance goes on to read as follows: 4 000109 "Where the rear property line abuts a residential zone or use, no setback is required for buildings or portions of buildings which do not exceed 12 feet in height within ten feet of the rear property line (emphasis added) . The rear setback shall be a minimum of ten feet for buildings or portions of buildings which exceed 12 feet in height. " (Sec. 9- 4. 108(b) (2) ) The portion of the building within which the Village Caffe' is located is approximately fourteen ( 14) feet in height and is located approximately thirteen ( 12) feet from the property line. Thus, the building is set back an additional two (2) feet beyond that required and, if the building was only two (2) feet lower, it could be approved today right on the property line. In any case, this Section clarifies that the rear setback only applies to buildings exceeding twelve ( 12) feet in height -- any allowed use not within a building, or within a building not exceeding twelve ( 12) feet in height, is allowable up to the property line. CONCLUSIONS: Before filing an appeal, the appellant petitioned for staff to reverse the administrative approval of the subject business license amendment (Attachment H) . Although sympathetic to the plight of long time residents surrounded by commercial and multiple family development not necessarily desired by individuals but nevertheless planned for and allowed by the City, staff sees no justification for requiring CUP review for a ministerial use allowed "by right. " 0 Furthermore, even if a conditional use permit application were required in this particular case, the recommendation from staff could only be for approval and the Commission would be hard-pressed to deny such an application as all applicable standards would be met. The appellant could request a Zoning Ordinance text amendment to change rear setback standards to read more like he feels they ought to. Such a Zoning Ordinance text amendment would affect future applications for outdoor uses only, however, and would not retroactively apply to the Village Caffe' . Attachments: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (Zoning) Attachment C -- Location Map (Existing Site Layout) Attachment D -- Original Adobe Plaza CUP Attachment E -- Proposed Outdoor Dining Area Attachment F -- July 18, 1995 Letter from Appellant Attachment G -- July 31, 1995 Response to Appellant Attachment H -- August 3, 1995 Letter from Appellant Attachment I -- August 8, 1995 Letter of Appeal Attachment J -- Findings for Denial 5 000.110 5 r. a�INNER VA -44 ROOM ,�, �.s►_-�.�•�' �� X11 Ilist ► � 3r � �,► �' � . �O�i �. 0 SEA go 1 ATTACHMENT B ,�; :... . . CITY OF ATASCADERO LOCATION MAP (ZONING) APPEAL OF BUSINESS LIENS COMMUNITY DEVELOPMENT AMENDMENT - VILLAGE GAFF DEPARTMENT V � I U SON RA � IMF-16 s d U � R "F .Y Q ,\ 4 ALLE 9V \ \ L CC . 01 7- r q. EL CAM1,4 iL6ftt. / J 1 wyLZI Mail p(l cp l -n L F Y t Pc LWHJ� op— Y FM ,.. C _,,� , >; _ '�.� •�� Vii\ 000112 ATTACHMENT C LOCATION MAP (EXIST 'G SIT; CITY OF ATASCADERO APPEAL OF BUSINESS L I LENS. < <rip a AMENDMENT — VILLAGE (:AFF: COMMUNITY DEVELOPMENT DEPARTMENT y►��E caF�F' ire vir Tr ' s - -ADo 3E -PLA-LA 000113 ATTACHMENT D ' 1978 ADOBE PLAZA CUP ' CITY OF ATASCADERO APPEAL OF BUSINESS L I LENS AMENDMENT — VILLAGE GAFF • Irs s COMMUNITY DEVELOPMENT �0 DEPAR'INffiNT 1N' 7 L BOARD OF SUP01VISORS •r/ •�J COUNTY OF S LN LUIS OBISPO,STATE.OF CALIFORNIA ---1-on -- --------------------------- -Ins ---July-17---- -----• 70--- _clay_ 19_ PRESEi`T:Supervisors II-Ins I•:eilmann, :dillsford, I:urt•r. :.upper,. PA hard J. KreJan. pnd.Chnirran.Y.pward ,p. llnn!cins.• ABSENT: None RV. OLUTION NO. 70-397 RESOLUTION RELATIVE TO TIIE GRANTING OF A CONDITIONAL USE PERMIT WIIEREAS, -The County Planning Commission of the County of San Luis Obispo, State of California, did, on the 22nd day of June , 1978, consider the application of Edward Worthan (U780317:4) for a Conditional Use Permit to allow a shopping center, bank and twp:•fast food restaurants in a C-1-1)(519) Zone, located at the north side of El Camino Real, between Highway 41 and Curbaril Avenue, being Lots 5,. 6 and 29 and a portion of Lot 9, Block TA, Atascadero, Assessor's Parcel Numbers 30-121-15, 30-121-30 and 30-081-06, County of San Luis Obispo, State of California. WIIEREAS, The Planning Commission, after considering the facts relating to said application, did find that the establish- ment, maintenance, and/or eonductina of the use for which the Conditional Use Permit is sought will not under the circumstances and conditions applied in this particular case, be detrimental to the health', safety, or welfare of persons residing or working in the neighborhood of such use and will not, under the circum- stances and conditions applied in this particular case, be detri- mental to the public welfare, injurious to property or improvements in said neighborhood, nor shall be inconsistent with the character of the neighborhood or contrary to its orderly development nor shall conditions created by the use be inordinate to•the normal i:i:`:;"traffic volume, and therefore did recommend that this Board grant said Use Permit subject to the conditions as hereinafter set forth. 1411CREAS, The Planning Commission has, in recommending this �Conditiontil 6'. ,Perinit�; made tho follciwing- findings: 't•- '• -See'Attached tExhibit Aq;• .. . , �:E.•+E�UC� JUL 2 4.1:/1.(1, '�.•1 x.11 S.L.O.COUNTY PLANNING DEPT. 000114 CITY OF ATASCADERO "" COMMUNITY DEVELOPMENT DEPARTMENT '•NOIi, THERt&ItE.',. DE)ZTPRESOCVf.D,' That "Elie Board of^•SypJin'v.i!sq";.I" , „of the CounTy. of San'Luis*Obispo, ,State of California, 'in'i.K'-� ;;'•�: .iul 8,.• / •,.. -Regular Meeting assembled,. '11th oq-the. day'of. does hereby grant the aforesaid.Usq.•Permit.�ineorporating the•+• :• findings of thA-Planning Commission and subject to the following•,• v1,rMpq�. conditions: See Attached Exhibit A i If tha use authorized by any Conditional Usu Permit or modification 1 has not been established or if substantial work on the property . to rds the establishment of the use is not in progress after a period of twelve (12) months Prom the date o! such authorization or such other time period as may be designated in the Conditional Use Pemit or the conditions have not been mat, said Conditional Use Permit or modifications shall become null and void and of no ` effect. The Planning Commission may extend the Conditional Use Permit for additional periods of six (6) months if for reasons beyond the control of the applicant the use had not been established: A written request to extend the date and sufficient evidence showing the applicant's inability to comply must be filed with the Planning Department ten (10) days prior to the expiration date of the Conditional Use Permit. If the use huthorized by any Conditional Use Permit or modification, once established, is or has been unused, abandoned, discontinued, or has ceased for a period of six months (6) or conditions have not been complied with, said Conditional Use Permit or modification shall become null and void and have no effect. Regularly passed and adopted by the Board of Super- visors of the County of San Luis Obispo, State of California, i on the 17th day of July , 197 s. in a regular .. j meeting of said Board by the following roll call vote, to- wit:. AYES: Supervisors Ileilu.s:ui. Willeford, Kupper, Yxejca, Chairman Hankins NOES: Halle ABSENT: Clone /s/ lloward D. Hankins ` airman of the Board of Supervisors ATTEST: /s/ Misbeth Wollam ` Clerk of the Board of Supervisors. . (SEAL) „ no ' r 000115 CITY OF A.TASCADERO "" COMMUNITY DEVELOPMENT DEPARTMENT habit A - ,4IORT11JJ U700317:4 (Cont'd) . L -J' ''l��l'""' rindings: !• :-i r i?.�'i�, a. The propdaed.shopping center development will result in land.uses 'compatible with the character of the El ' •;t..•+ ��y Camino commercial str-ip, :but with a greater visual �.•,•.•...�,�,,•! '�: quality than mdst' eXi'st'ing• uses. ! j b. The recommended conditions of approval will minimize potential on-site circulation problems and will result ina development compatible with existing and potential residential uses to the east. �4 C. The proposed project•is consistent with the mandatory fi findings set forth in Section 27.92.080 (1) of the x County Zoning Ordinance. d. The proposed project is consistent with the Retail ;; Commercial designation of the adopted Ataseadero General Plan. f, i Conditions of Approval: 5 ? 1. Submit a revised site plan for Planning Department ,lr review and approval prior to application for a build- ing permit, said-plan to indicate the following: ny a. Replacement of the p proposed 20 foot wide alleyway `�,.,• with a landscaping buffer. !' b, An aggregate increase in the width of the frontage parking spaces, aisles and landscaping of*eight feet. 1 v' e. Relocation of site access driveways 2 and 4 to align with internal aisles. .r 2. Building architecture to be consistent with approved k alevations.e,t!'-•`�i��� 3. Any roof-mounted air conditioning units shall be t architecturally screened from view. If such units are proposed, submit revised architectural elevations i ' indicating method of screening for Planning' Department 't !' review pd app val prior to issuance of a building permit.11.Q 's ur•U� 4. All on-site utilities and utility connections to any proposed buildings shall be underground. Submit detailed landscaping and irrigation plans in accordance with the•Planning Department landscaping jy t �(V,(k plan review policy-for planning staff review and rJr 1 approval prior to issuance of an occupancy permit. ' IcC, Said plana to include screening plant materials adjacent i. to the E1 Camino Real.frontage to soften the appearance v of the parking lot, and a landscaping buffer adjacent fi•!\Nb to the east property line to minimize visual and noise ;.UD impacts on adjacent residential properties to the east. f; V0 All proposdd plant materials shall be sized to achieve a mature appearance within three years of installation. 6. All approved landscaping shall be installed or bonded for prior to final building inspection,and thereafter �h maintained in a viable condition on a continuing basis. If bonded for, landscaping shall be installed within 60 "' , r 1 days of final building inspection. f �?,t j'/' � it•� 000116 CITY OF ATASCADERO A . ' left " COMMUNITY DEVELOPMENT DEPARTMENT l...�Z Exhibit A. -«r ^11THAN 0700317•y (Cont'd)O `7. Provide Octsix-fhigh masonry fenciri ' '�•;..' 3, �,' ! r�y /.'JIJ�rr property line of the site, to be installed$ the east:;d', final bdilding inspection.eNlr •�e�,�cs.,uns. prior {irk" •i 8. _ Submit site..grading and drainage yr r• +�:"1 '�: �Ar. B plans:.fev review•an'd(::-_;- aPproval by" the County Engineering Department prior to issuance- f. a .building or grading permit,-- If so �••••:.�._... -, required by the County Engineering Department, said Plans to be prepared D shall include n n Registered Civil Engineer and water run-off.provieions for on-site retention of ;storm ' 9• Provide an off-street parking area at a ratio of 2.5 , square feet per square foot of floor area. Vehicle f2. parking and nooses areas shall be Of two inches of A.C. base; invidual Paved with a minimum Parking spaces shall bepaint-stripedordotherwiae. indicated, and provided with concrete wheel stops or approved functional equivalent. All paved areas shall be maintained on a continuing basis./14a, y(�,,� 6•.•oc� 7 10. The project shall be connected to':the community water and newer systems, r11. Install concrete curb, gutter, and sidewalk on all street frontages of the subject siteay required by Title 19 of tho County Code. ! �• 12. Site and building plans shall be reviewed and a ,l by the following agencies. Provide the Planning roved :.•',�. Department with letters en other documentation of approval and any requirmente from these agencies prior �tk to issuance of a building permit or establishment of the use: ;rll i a• Atascadero Fire Departments . •' }rM1` b• County Health Department 7�-d3. All trash disposal areas shall be 'screened from view - ` with a solid wall or solid fencing. Submit drawings of screening structures prior to issuance of an occupancy {''I permit:olr• ,t r t. 14. No outdoor etorege, or any accumulation of trash, ":•�l debris, or packing materials shall be permitted. J1 i• �1S.; Submit a uniform program for shopping center signing for Planning Department review and approval prior to installation of an si shall relate individualnaigna toitheiscale gning andgarchi- tecture of the buildings through the use of uniform "':rf4 sizes and materials. 'Proposed signs on buildings shall . .''' �•'�`' not exceed the height of the fascia, and freestanding signs shall not exceed the height of the building. Flashing or rotating signs and wind-activated devices + are prohibited. Signa on buildings shall be mounted w•''l! flush with the building face. (11l�kv 16. Shopping center lighting shall not exceed the height of+ �_ the buildings and shall be shielded or oriented to Tyr }�f' eliminnte glare on adjoining residential properties.',� +' �.4�:JSSic) 17. Unless additional Departmental Review, Conditional Use- Permit �4yil),� yl1y4a(•• '. Permit or rezoning approvals ; proposed structures allba limitedatoethoseealof lowtde! "(��;';�� 00011'7 CITY OF ATASCADERO ` `'" F COMMUNITY DEVELOPMENT DEPARTMENT Exhibit A - WOVWN U700317:4 - Findings onditions as "uses permitted" by Chapter 22.42.010 of the County Zoning Ordinance., 18. The applicant shall comply with the State •Subdivision '•;.: ':�� Hap Act in the event of any future split or division of "''•'Y: `•'' the subject property. no "�. I .r� i .000118 ATTACHMENT E i OUTDOOR DINING AREA CITY OF ATASCADERO APPEAL OF BUSINESS LICENSE • yid a AMENDMENT — VILLAGE CAFFE COMMUNITY DEVELOPMENT DEPARTMENT ..._.--._—. �C� Cry-l'tC:-Y• ._ -•---- { - -•_Y - 4 APs ;2 _ -__ ._..._. --• ---_..� Q 'LJCtie ;�DN�Q J'c-.x.1•J3� ."---- __. ._—...'--T----._. �. _� 4x4 ?r _.— —.._...;—.. _ZIO' �JG bN LaaG. 61�_+dss� ..__—_.___.—__ -•.--- ._. —•--- _... K&r-wovfoop _--_-..._.. � -hhli7•lJtGa -0W'':L> :V� Ui2 w`•CiiF%•%!: -- ---..--- �j—�— — 41x6 �nivl:�J u;::� P,••.'.r::s JrP�e:EV � — "� 3 � 2X4 P^s u �Xt rrhJ b PiulL.DlN ft 1 . e ZTZ �... `C i ��•� —�lC+x G��1N93 `V� ••`! o sr- FtECWoO �a:- � C 410" PC-Da/b00 LAT1'ry •# �. :•QANB.S NA:tb� .v 4. 5!` Lx —� �•. �;�\• `�: � ►�v;. Dx 1 1 •�')X 73tf.fii7 W4): "�LKltl} S1tw'S(SnaPiaJ LI'x 1'•�''x ra' 6'oa iV v7Cf�l. - - Rt ll 'TD MaiD rE'acq� TV vscx rtzA*t! 210x.2: —4x41 i'o'OG —Ol1 I _ ' .1Z.1�1T l O__ z n' •v ` ;"�;a:. = t.�vh i�3N 7�'� I,o„ 000119 f ATTACHMENT F 7/ 18/95 LETTER - APPEi-LAN APPEAL OF BUSINESS LICENS LAMENDMENT - VILLAGE CAFF July 18, 1995 V� City of Atascadero Community Development Director COMMUNITY 0rVf!L0Pt4FI,#-r 6500 Palma Avenue Atascadero, CA 93422 Dear Sir, Re: Conditional use permit for Adobe Plaza, Village Caffe (Caffee) . Two days ago I heard construction noises behind the fence that separates my property from the Adobe Plaza. Upon inquiry to the City of Atascadero, Department of Community Development, I was told that, through an administrative decision of the Community Development Director, the Adobe Plaza conditional use permit had been modified to allow an out door dining area in the alley way behind the Adobe Plaza and directly adjacent to the common boundary it shares with our residential use. I strongly protest this change which is a violation of the original conditional use permit and which will have a major adverse impact on the quiet enjoyment of our property. I request that a full Planning Commission Hearing be held to fully assess the impact of any changes to the Adobe Plaza, Village Caffe conditional use permit. 1) The sound characteristics of the concrete retaining wall, stucco and two story condominiums creates an echo chamber behind our home that magnifies the smallest noises. The empty wine bottles of the Village Caffe are presently being dumped behind the restaurant as each table is cleared, sometimes as late as midnight and after, (a violation of the conditional use permit) and each time a new bottles is added to the stack the clinking of glass is loud enough 100 feet away to wake me from a sound sleep. 2) None of the lights at the Adobe Plaza or Taco Bell are shielded as, according to Gary Kaiser, is required by city ordinance. Even though our home is physically located over 100 feet from the property line, the brilliance of the unshielded lights behind the Plaza and Taco Bell completely illuminate our family room and two bedrooms to the extent that you can almost read the newspaper. I invite you and any other member of the planning commission or city council to come to my home after dark to view and hear the current impact of the Plaza and to extrapolate what the impact of an even more intense use would be. cerel , CC: Planning Commission Davi Graham ..� City Council 0 000120 P ATTACHMENT G 7/311/95 LETTER - STAFF _ APPEAL OF BUSINESS LICENS AMENDMENT - VILLAGE CAFF CITY OF ATACADERQ 1918 1, � �- BI 1,979 • COMMUNITY DEVELOPMENT DEPARTMENT July 31, 1995 Mr. David Graham 7350 Santa Ysabel Avenue Atascadero, California 93422 Dear Mr. Graham: This is in response to your July 18, 1995 letter objecting to our recent approval of the Village Caffe' s request to add a patio area for outdoor dining to the rear of their existing space • within Adobe Plaza. Although your letter indicate$ a misunderstanding of the approval process, itis clear that you are dissatisfied with the approval and may wish tolfile an appeal. This letter is intended to clarify things '', and provide You with recourse. Since the proposed outdoor dining area did not regtiire a building permit, the only application received from the Village Caffe was a request to amended their business license. Thus^ the administrative decision made by the Community Development Department was to approve a business license change, not to modify the conditional use permit for Adobe Plaza. '; In fact, our rationale for approving the business license change was that ( 1) all relevant City codes, standards and requirements would be met; (2) there would be no affect on available parking; ',and ( 3 ) the Proposed outdoor dining area did not constitute a substantialchance from the approved conditional use permit for Adobe Plaza. The Zoning Ordinance does provide that such administrative decisions may be appealed to the Planning Commission if filed within fourteen ( 14 ) days; however, there are no provisions for public notice every time an administrative decisions is made. Given that this office makes several administrative' decisions such as this everyday, you would probably agree that providing public notice each time would be cost prohibitive a',pd ridiculous . 6500 PALMA AVENUE ATASCADERO, CA 93422 Building Permits:1805)461-5040 Planning:(805)461-5035 Enforcement:(6051161-5034 Director.405)661-5097 City Fax:1805)4¢1-0606 000121 In this case, however, since you are obviously upset and fear that you will be adversely affected by our decision, you may consider the date of this letter as the start of your 14-day appeal period. If you wish to file a formal appeal with this office, please do so in writing within this 14-day window and be sure to include the $200.00 appeal fee. Upon our receipt of such an appeal, the matter will be scheduled for Planning Commission consideration within thirty (30) days of the date of your appeal. I hope this procedural clarification, and our agreeing to re-run the appeal period, is helpful to you. If you have further questions or needs, please feel free to call either me or Gary Raiser of my staff at (805) 461-5035. Sincerely, Steven L. DeCamp City Planner cc: City Council Planning Commission City Manager SD:gvk\graham.let 000122 ATTACHMENT H 8/3/ 5 LETTER - APPELLANT FAUG APPEAL OF BUSINESS LI(..ENSI[ (AMENDMENT - VILLAGE AFFE August 3, 1995 3 1995 City of Atascadero CGMMUNt, � � _ F�4c avid Graham'l Mr. Steve DeCamp, City Planner 7350 Santa Ysabel Ave 6500 Palma Avenue Atascadero, CA 93422 Atascadero, CA 93422 Dear Mr. DeCamp, I am writing to appeal to you to reverse your administrative decision allowing the Village Caffe to establish an outdoor dining area with zero setback from the rear property line. The County Code section 22 .04 . 100, under which the Adobe Plaza CUP was approved, states in part that, "The purpose o: f these standards (Setbacks) is to provide . . . . . . ; separation of incompatible land uses; and space for privacy . . . . . !' . Allowing the commercial use of the alley way behind the Adobe', Plaza is inconsistent with the purpose of the setback and will rob us of both the separation and the privacy that we are entitled to. A simple extrapolation of the zero setback concept would be to allow any or all of the Adobe Plaza occupants to expdnd their uses into the back alley way (why should they be prevented) . We could have haircuts and perms, book sellers, clothinv racks, stereo racks and card racks. We would be the laughing stock of the county and I cannot imagine that you would want to set this kind of precedent. I am not opposed to outdoor dining, in fact I love outdoor dining, but just because the Adobe Plaza has run outof space in their legitimate commercial area at the front of the',; plaza does not mean that they should now be allowed to encroach into the set back area. Their parking problem should not become sny setback problem. As and Enrolled agent I often represent taxpayers in' audits before taxing authorities. I know what it is like t4 have ones judgment challenged by IRS auditors on decisions that I have made in preparing a clients tax return. I will be the first to admit that I make mistakes. My policy is to admit my mistakes (no stonewalling) and to pay with my own hard cash any colsts that were incurred because of my error. All I am asking mf you is that you not force me to waste $200.00 in an appeal to the planning department. Please rescind your approval. Sincerely, CC: City Council Planning Commission City Manager 000123 �'IP ATTACHMENT I 8/8/95 LETTER OF APPEi;,\L APPEAL OF BUSINESS LICENS. AMENDMENT - VILLAGE ;AFF: August 8, 1995 � L„ .: AUG 8 - 1995 City of Atascadero AreeAc.- m` P,410 Planning Commission «C-R:4�4PT A Sri Z� 6500 Palma Avenue Atascadero, CA 93422 Dear Commissioners, Re: Appeal of administrative decision to allow the Village Caffe to expand their use into the rear setback area of the Adobe Plaza. I am filing this appeal and paying my $200.00 under protest because the City Planner has, with his "administrative decision" , created an abatable nuisance as defined under code section 9-8. 106. Forcing me to pay, what is in essence a fine, in order to appeal an illegal and therefor invalid decision is nothing less than extortion. His decision is clearly in violation of City of Atascadero Zoning Regulations which define a "Setback" as, "An open area on a lot between a building and a property line unoccupied and unobstructed from the ground upward, . . . . " . (Pg 9-16) Code section 9-4. 103 under "Setbacks" further states that, "The purpose of these standards (setbacks) is to provide for . . . . . . separation of incompatible land use; and space for privacy, . . . . . . " . (Pg 4-1) There are exceptions to the setback standard listed in the code but they allow only architectural and safety features to encroach into the setback area. A setback is a setback of the use not just the structures involved in the use. I understand that Mr. DeCamp's decision may have been based upon pressure from above. City staff, of the Community Development Department, told me that I picked the wrong restaurant to live behind because many of the staff, Planning Commissioners and Council frequent the Village Caffe. I can only hope that their love of good pasta will not influence their decisions. 000124 r l F 3 x• i T a � I would like to point out that I am preparing this appeal with incomplete knowledge of the facts because even though I requested copies of pertinent documents on August 1, 1995 I have yet to receive a single document. Sincerely, David Graham CC: Mr. DeCamp City Council Atascadero News . y1 • k n `5't� 3 .Y' Attachment J -- Findings for Denial Appeal of Business License Amendment - Village Caffe' FINDINGS FOR DENIAL: 1. The subject site is designated for Retail Commercial use by the General Plan and the Commercial Retail (CR) zoning of the site allows "eating and drinking establishments" without the need for conditional use permit review. 2. The subject outdoor dining use is consistent with the General Plan and complies with all applicable development standards, codes and ordinances of the City. 3. The subject outdoor dining use does not constitute a substantial modification of the conditional use permit approved by the County of San Luis Obispo in 1978 for the overall Adobe Plaza shopping center. 0 00!012G E ATTACHMENT B MINUTES OF 9/5/95 HEARING APPEAL OF BUSINESS LICENSE CITY OF ATASCADERO PLANNING COMMISSION 9/5/95 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES AND REPORTS 1. APPEAL OF APPROVED BUSINESS LICENSE AMENDMENT: Appeal filed by David Graham of an approvedbusiness license amendment allowing outdoor dining at the !; Village Caffe' . The appellant claims that the subject lousiness license amendment should have undergone conditional use permit review prior to approval'. Subject site is located at 7377 El Camino Real. STAFF _ RECOMMENDATION: (Kaiser) The Planning Commission should deny the appeal based on the Findings contained in Attachment J. TESTIMONY: David Graham, 7350 Santa Ysabel Avenue, the appellant, read the written -testimony* September 5, 1995) into t i. he record. The broad categories of his concerns involved noise' , lighting and setbacks.4C LeTrm A-TrAcmm) Bob Lilley-, 5335 Honda, supported the denial of the appeal because he views the changes being made to the Village Caffe' a,s an improvement to the quality of life in our community. As a former Commissioner, he indicated that it would appear that the staff analysis is honest, straightforward and correct. Tony Farao, owner of the Village Caffe' , reported on the measures that have been taken to attempt to resolve the concerns expressed by the appellant . Mr. Farao felt that the real issue is the politics of the day and that the cafe is just the football. Steve Wing, 5080 San Jacinto, operator of the Adobo Plaza shopping center, also reported on the measures that have been '',taken to attempt to resolve the appellant ' s concerns. Lights have been shielded, lower wattage bulbs are being used, twelve foot tall trees have been planted in the path of the light between Taco Bell and Mr. GDraham' s home and a chainlink fence has been added for security purppses. Mr. Wing expressed a desire to work with his neighbors. (Page 3 of 5) 00012'7 Planning Commission Meeting -- September 5, 1995 ACTION: Denial of the appeal . Motion: Bowen Second: Hageman AYES: Bowen, Hageman, Wallace, Sauter, Edwards NOES : Zimmerman ABSENT: Johnson (Page 4 of 5) DATE: SEPTEMBER 5, 1995 • TO: PLANNING COMMISSION FROM: DAVID GRAHAM l ) RE: APPEAL OF BUSINESS LICENSE PROVAL 7377 EL CAMION REAL (VILLAGE CAFFE. ) 1) I RECOGNIZE THAT SINCE THE LAST ELECTION WE HAVE A MORE PRO- BUSINESS COUNCIL. 2) WE ALSO NOW HAVE ANEW COMMUNITY DEVELOPMENT -DIRECTOR WHO IS DIRECTLY RESPONSIBLE TO THE CITY MANAGER AND SERVES THE NEW COUNCIL. 3) IT IS ADMIRABLE THAT THE COMMUNITY SERVICES DIRECTOR IS ATTEMPTING TO ESTABLISH POLICIES THAT PROMOTE THE $TATED GOALS AND OBJECTIVES OF WHAT SEEMS TO BE THE MAJORITY ON4THE NEW COUNCIL. 4 ) WHAT. •I OBJECT TO IS THAT THE COMMUNITY DEVELOPMENT DIRECTOR HAS STEPPED WAY BEYOND HIS AUTHORITY IN CARRYING OUT THE SENSE OF THE COUNCIL. HE HAS TAKEN IT UPON HIMSELF TO IGNORE CITY ORDINANCES AND PREVIOUSLY APPROVED CONDITIONAL USE ' PERMITS IN HIS ATTEMPT TO PLEASE THE COUNCIL. THESE ORDINANCES AND CUPS WERE, ADMITTEDLY, ADOPTED BY PREVIOUS COUNCILS BUT THEY ARE, NONE THE LESS, STILL THE LAST OF THE CITY. THE COMMUNITY DEVELOPMENT DIRECTORS DECISION IN OWING AN OUTDOOR DINING AREA WITHIN THE REAR SETBACK AREA B RDERED BY A RESIDENTIAL USE IS IN VIOLATION OF OBJECTIVE STAND S CONTAINED BOTH WITHIN THE ZONING REGULATIONS AND THE CONDITI NAL USE PERMIT APPROVED ON JULY, 17, 1978. HIS APPROVAL WAS BASE SOLEY UPON SUBJECTIVE CRITERIA AND THEREFORE VIOLATES THE CON ITIONS FOR THE ISSUANCE OF A MINISTERIAL PERMIT. 5) THE QUESTION THEN IS, "ARE WE TO BE A CITY RULED BY MEN OR A CITY RULED BY LAW"? A) THE FIRST QUESTION THAT SHOULD BE ANSWERED IS, WHICH LAW APPLIES? THE COUNTY ORDINANCES OF JULY 17, 1978 (THE DATE OF THE ORIGINAL ADOBE PLAZA CONDITIONAL USE PERMIT) OR CURRENT ATASCADERO CITY ORDINANCES? (THE QUESTION TURNS OTT TO BE MOOT SINCE THE CITY ADOPTED THE COUNTY ORDINANCES VERBATIM) 000129 • I) VIOLATIONS OF OBJECTIVE STANDARDS CONTAINED IN TITLE 9. ZONING REGULATIONS• THE PRIMARY ISSUE AT HAND PERTAINS TO ALLOWED USES WITHIN THE REAR SETBACK AREA OF THE ADOBE PLAZA. SPECIFICALLY, IS A COMMERCIAL OUTDOOR DINING AREA AN ALLOWED USE WITHIN A REAR SETBACK THAT IS "ADJACENT TO A RESIDENTIAL ZONE"? A) Section 9-9.101 THE COUNTY (AND CITY) DEFINITION OF A SETBACK §' IS: "AN OPEN AREA ON A LOT BETWEEN A BUILDING AND A PROPERTY LINE UNOCCUPIED AND UNOBSTRUCTED FROM THE GROUND UPWARD, EXCEPT AS OTHERWISE PROVIDED IN SECTION 9-4.103" . (SEE SEC.9-4.103 BELOW) B) "SECTION 9-4.103 SETBACKS: THE FOLLOWING SECTIONS DETERMINE THE USE AND MINIMUM SIZE OF SETBACKS.-FOR BUILDINGS. THE PURPOSE OF THESE STANDARDS IS TO PROVIDE FOR OPEN AREAS AROUND STRUCTURES WHERE NEEDED FOR VISIBILITY , TRAFFIC SAFETY AND FIRE SAFETY; ACCESS TO AND AROUND BUILDINGS; ACCESS TO NATURAL LIGHT, VENTILATION AND DIRECT SUNLIGHT; SEPARATION OF INCOMPATIBLE LAND USES; AND SPACE FOR PRIVACY, LANDSCAPING AND PRS RECREATION." (EMPHASIS ADDED) THE SEPARATION IS A SEPARATION OF INCOMPATIBLE "LAND USES", NOT JUST A SEPARATION OF THE BUILDING FROM THE PROPERTY LINE. • THERE ARE MANY TYPES OF SETBACKS THAT DO NOT INVOLVE BUILDINGS. SECTION 9-6. 110 DEALS WITH SETBACKS PERTAINING TO ANIMAL HUSBANDRY. WOULD THE DIRECTOR ARGUE THAT BARNYARD SETBACKS DO NOT APPLY IF THE LIVESTOCK IS NOT HOUSED WITHIN A BUILDING? C) EXCEPTIONS TO SETBACK STANDARDS ARE CONTAINED IN SECTION 9- 04.104 - EXCEPTIONS TO SETBACK STANDARDS: THE MINIMUM SETBACK REQUIREMENTS OF THIS CHAPTER APPLY IN ALL CASES EXCEPT THE FOLLOWING: a. FENCES, HEDGES OR WALLS AS ALLOWED BY SECTION 22.04. 190c (STANDARDS FOR FENCING AND SCREENING MATERIALS) . b. DECKS, TERRACES, STEPS, EARTHWORKS AND OTHER SIMILAR LANDSCAPING OR DESIGN ELEMENTS PLACED DIRECTLY ON FINISHED GRADE THAT DO NOT EXCEED ON AVERAGE HEIGHT OF 30 INCHES ABOVE THE SURROUNDING FINISH GRADE, PROVIDED THAT NO SUCH WOOD STRUCTURE SHALL EXTEND CLOSER THAN THE 36 INCHES TO A PROPERTY, UNLESS IT COMPLIES WITH APPLICABLE FIRE RESISTIVE CONSTRUCTION REQUIREMENTS OF THE UNIFORM BUILDING CODE. C. AREAS WHERE SPECIAL SETBACKS HAVE BEEN ESTABLISHED THROUGH ADOPTION OF BUILDING LINE MAPS.. . . . . . 000130 DECKS AND TERRACES ARE INCLUDED THE SETBACK EXCEGPTIONS TO �� ALLOW FOR RESIDENTIAL USES AND PRIVATE RECREATYON AS SPECIFIED IN SECTION 9-4 . 103. THERE ARE NO EXCEPTIONS IN THE ORDINANCE WHICH ALLOIW A COMMERCIAL OCCUPANCY OF THE SETBACK AREA111111 THE REFERENCE 'T'O THE EXCEPTIONS SECTION ON PAGE 4, FIRST INSET PARAGRAPH IS A RED HERRING DESIGNED ONLY TO CONFUSE INEXPERIENCED MEMBERS OF THE COMMISSION, AND SHOULD BE IGNORED. THE CITY HAS STIPULATED THAT THE HEIGHT OF THE ADOI PLAZA IS 14 FEETPAG ( E 5, SECOND PARAGRAPH) THEREFORE, NONE OF ,THE ARGUMENTS REGARDING BUILDINGS UNDER 12 FEET HIGH (TOP OF PAGE 5) EVEN APPLY. NO MATTER HOW MANY "WHAT IFS" WE GO THROUG1% THE ACTUAL HEIGHT OF THE BUILDING WILL NOT CHANGE. CURRENT ORDINANCES WOULD REQUIRE A MINIMUM SETBACK OF 10 FEET. (ANOTHER REDHERRING) CONCLUSION: THE PROPOSED OUTDOOR DINING AREA VIOL•n.`TES OBJECTIVE STANDARDS AS RELATES TO REAR SETBACKS ADJACENT TO RESIDENTIAL USE ZONES. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxAxx____X ID VIOLATIONS OF THE CONDITIONS CONTAINED IN THE ICONDITIONAL . USE PERMIT DATED JULY 17, 1978: A) CONDITION #4 REQUIRES A LANDSCAPING BUFFER (SCREEN) ADJACENT TO THE EAST PROPERTY LINE TO MINIMIZE THE VISUAL AND NOISE IMPACTS ON ADJACENT RESIDENTIAL PROPERTIES. *** SEE PHOTO SHOWING NO LANDSCAPING SCREEN. -ANY SICREENING THAT WAS ON THE PROPERTY LINE HAS BEEN ELIMINATED TO PROTIDE TABLE SPACE FOR THE OUTDOOR DINING AREA. B) CONDITION #6 STATES THAT THE LANDSCAPING SHALL BE MAINTAINED IN A VIABLE CONDITION ON A CONTINUING BASIS. ###################################################I,i######## ELIMINATING THE LANDSCAPING TO PROVIDE TABLE SPACE CONSTITUTES A SIGNIFICANT CHANGE IN THE ORIGINAL CUP. 1 IT ELIMINATES P , ) PRIVACY Y PROVIDED BY THE SCREENING. 2) IT INCREASES THE NOISE LEVEL BY ELIMINATING'' NOISE ABSORBENT OR SCATTERING MATERIALS. 000131 c • C) CONDITION #7 REQUIRES A SIX FOOT HIGH MASONRY FENCE ALONG THE EAST (RESIDENTIAL) PROPERTY LINE. ############################################################ THE FENCE THAT WAS ACTUALLY CONSTRUCTED HAS MASONRY PILLARS BUT IS OF WOOD CONSTRUCTION (SEE PHOTO) AND IS OFTEN KICKED FULL-OF HOLES. I AM SURE MANY OF YOU HAVE SEEN THE PERMANENT GAP IN THE FENCE BEHIND CARLS JR. THE FENCE IS BELOW GRADE IN MANY AREAS INCLUDING THE AREA BEHIND MY HOME. THIS WILL EVENTUALLY CAUSE THE WOODEN PORTION OF THE FENCE TO ROT AND ALSO REDUCES THE EFFECTIVE HEIGHT OF THE FENCE. WITHIN THIS PAST WEEK THE ADOBE PLAZA HAS ADDED TWO FEET TO THE HEIGHT OF THE FENCE BY ADDING AN ADDITIONAL WOODEN STRUCTURE TO THE TOP OF THE EXISTING WOODEN FENCE. D) CONDITION #16 STATES THAT THE SHOPPING CENTER LIGHTING SHALL NOT EXCEED THE HEIGHT OF THE BUILDINGS AND SHALL BE SHIELDED TO ELIMINATE THE GLARE ON ADJOINING RESIDENTIAL PROPERTIES. ############################################################ WITHIN THIS PAST WEEK THE ADOBE PLAZA (MR. ED WORTHAN) HAS BEGUN TO INSTALL SHIELDED LIGHTS AT THE PLAZA . AT PRESENT ALL LIGHTS DIRECTLY BEHIND THE PLAZA APPEAR TO BE SHIELDED EXCEPT THOSE LIGHTS IN THE DIRECT VICINITY OF THE OUTDOOR DINING AREA WHICH REMAIN UNSHIELDED. HAS THE DIRECTOR ALSO GRANTED A VARIANCE ALLOWING THE DINING LIGHTS TO BE EXEMPT FROM THE SHIELDING REQUIREMENTS OF THE CONDITIONAL USE PERMIT? THE PLANNING DIRECTOR HAS STATED IN HIS LETTER TO THE COMMISSION DATED SEPTEMBER 5, 1995 THAT NO ADDITIONAL LIGHTING WAS AUTHORIZED (NOTICE THE CAREFUL CHOICE OF WORDS) . ONE AND POSSIBLY TWO OF THE PORCH LIGHTS OF THE ADOBE PLAZA HAVE BEEN MOVED (RELOCATED) TO THE OUTDOOR DINING AREA. WAS THIS CHANGE IN LIGHTING AUTHORIZED WITH A PERMIT OR JUST A WINK AND A NOD? CONCLUSION: THE PROPOSED OUTDOOR DINING AREA AT THE VILLAGE CAFFE VIOLATES STANDARDS CONTAINED IN THE CONDITIONAL USE PERMIT APPROVED ON JULY 17, 1978. REGARDLESS OF WHAT"THE PLANNING DIRECTOR MAY OR MAY NOT RECOMMEND CONCERNING THE FUTURE DEVELOPMENT OF ADOBE PLAZA HE WILL BE HARD PRESSED TO EXPLAIN HOW "UNOCCUPIED" CAN SOMEHOW MEAN OCCUPIED; OR HOW NO LIGHTING CHANGES CAN ACTUALLY MEAN NEW ELECTRICAL CONNECTIONS. I KNOW OF ONLY ONE PLACE WHERE THIS TYPE OF LOGIC IS USED BY THE GOVERNMENT, BUT I HAVEN'T READ ORWELLS 1984 IN YEARS. '000132 ATTACHMENT C LETTER OF APPEAL APPEAL OF BUSINESS LICENSE September 19, 1995 City of Atascadero ' City Council 6500 Palma Avenue Atascadero, CA 93422 Honorable Council Members: This is notice of my appeal of the Planning Commission decision of September 5, 1995, upholding the decision, of the community Development Director, to allow the Village Caffe to expanded their use into the proscribed rear setbac!C of the Adobe Plaza. The expansion of the use into the rear setback is 'a violation of City ordinances relating to setbacks and a substantial modification of the original use conditions of the!; Adobe Plaza. The directors decision was made without public review or notice to adjoining property owners and tenants even though we are on record at every public hearing as having major privacy, lighting and noise concerns regarding the operation of the plaza. I am filing this appeal and paying my $200.00 undex` Protest because the City Planner has, with his "administrative decision", created an abatable nuisance as defined under code'' section 9- 8. 106. f Sincerely, David Graham 7350 Santa Ysabel Ave. Atascadero, Ca 93422 (805) 466-7121 eta 19 1995 COMMUNITY DEVELORAS.T Saasa 000133 E REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 Through: Andy Takata, City Manager Meeting 'jDate: 10-10-95 via: Richard H. McHale, Chief of Police From: John Barlow, Police Lieutenant SUBJECT: Last year, the Board of Supervisors appointed a ICitizen's Task Force to review Title Nine of the County Code (pertaining to the regulation of animals) . The Task Force developed proposed revisions to the County Code which was sent to Oach City last February. After a meeting with the SLO City Managers in April, a letter was sent to the Board by Mr. Takata indi6ating various concerns that would impact our City. Those concorns were non- enforceable issues, higher costs and decreased ervice to the community. Title Nine was again reviewed by the Task Force and the Board held a public hearing reviewing the proposed changes. After input from the County Counsel, County Administrative Office, Health Department, the Citizen's Task Force and the Cities, the proposal changed mainly in the forum of decreased overall net County cost with additional changes i1h policies and procedures of the Code. Even though the net County cost decreased more that $400,000 from the first proposal, the cost analysis is estimated, at a $200,040 increase to the Division of Animal Regulation. There remains many unanswered questions as to how this increase ill effect the contract cities and in particular the City of Atas adero. Many of the revised sections of the Code would havle no impact on cost or procedures, but several of the recommend 4t ions are big ticket items that could conceivably create a substantial increase in cost for animal services to the City. One such item is the addition of a Humane Educator (Chap.8-2) . Others i4clude a system for private individuals finding lost pets (Chap.7-5) and the construction of Satellite Kennels in the North Cou0ty (Chap.6-4) . Furthermore, there are unknown costs in the proposal, such as the feral cat issue. An amenable solution should belreached as to specific content or wording in the ordinance anj the specific costs associated prior to any agreement or accepta ce. The City of Atascadero contracts yearly with �he County for animal regulation services. Historically, the City has opted to pay for full service at a cost of $55, 00. This provides the full range of services, thereby freeing City police resources for law enforcement purposes. The enactment of Title Nine 'fcould increase 000134 the overall cost of future contracts or force the City to reduce its level of service to the community. RECOMMENDATION• The Board of Supervisor's has asked for written comments on the proposed changes of Title Nine to be submitted no later than October 17, 1995. It would be fiscally irresponsible to support the passage of an ordinance that has no specified cost analysis to the City. Therefore, it is recommended that the City not support Title Nine until its financial implications are known and the that City Council express these concerns to the Board of Supervisors by October 17, 1995 as requested. FISCAL IMPACT: Unknown at this time. Attachments: 000134./ SAN LUIS OBISPO COUNTY PUBLIC HEALT'H.DEPARTMENT 2 191 Johnson Avenue • P. O. Box 1489 • San Luis Obispo, CA 93406 Telephone (805) 781-5500 Fax (805) 781-D-)43 TITLE 9 PROPOSAL OPERATIONAL AND FISCAL ANALYSIS September 28, 1995 The Title 9 Proposal (August 22, 1995 version), which includes changes directed by the Board of Supervisors, consists of nine Chapters and eighty-six Sections. The fiscal and operational impacts of the Title 9 Proposal compared with the existing ordinance have been reviewed by Health Agency staff. The Health Agency is committed to the intent and values which are expressed in the Purpose and Goals of the Proposed Ordinance. As we have reviewe�d the specific provisions, we have attempted to look straightforwardly at the impacts, recognizing that unknowns and uncertainties exist in what might happen. It may not be possible to do all which is desirable; some difficult choices may be necessary. It has been our intention to provide an objective, realistic assessment of each provision, to facilitate the decision-making process which lies ahead. A number of the ordinance provisions mandate a significant, immediate policy decision, and/or have a fiscal impact (as well as operational) which cannot be accommodated within existing budget. For these, staff has providedla fuller description of impacts, alternatives, and recommendations on the following four pages (labeled a Section A). A guiding principle has been to strive for a minimum increase in net cost to the County. All assumptions and formulas for Section A provisions are provided in Appendix 1. Some ordinance provisions entail an operational change, but not necessarily a fiscal impact, either because the change is small or because it can be accomplished through re-direction of existing resources. A separate listing of provisions which can be accomplished through re-direction can be found in Section B-1. Other provisions entail only a potential change, at the future discretion of the Board, as defiilned through the Budget process. These are listed in Section B-2. Many of the provisions in the ordinance represent no significant difference fiscally or operationally. In the interests of brevity, they are included only as 4 list in Appendix 2. pp A summary budget is shown in A endix 3 and fee schedule changes in Appendix 4 . A DEPARTMEN7OF THE SAS LUIS 081SPO(Y)UNTY IEAS.TH AGENCY 0001 34P Title 9 Operational and Fiscal Analysis SECTION.A Page 1 of 4. Chanter 2 Definitions Hearing Officer- The proposed definition would preclude all Health Agency staff from serving as a fair Hearing Officer. This is more restrictive than the language of Chapters 4 and 6 which specifies only that the Hearing Officer be from outside the Division. It is recommended that the definition be modified to allow non- Division, County staff to serve as a Hearing Officer consistent with the language in those Chapters. Chapter 3 Section 11 Notification of Owner of Deceased Animal: Staff supports the concept of better communication with the public in this regard, as well as that expressed in Chapter 7, Section 5, which deals with re-uniting lost pets to their owners. Financial impacts would be determined by the type of tracking system available. The Division will continue to seek improvements in communication within current budget and staffing constraints. Estimated cost is $14,600 (2 hr/day @ 20/hr for 365 days). Chapter 4 Section 5 Late Fees: Decreases the grace period from 30 days to 15 days for licenses. Estimated additional revenue is $17,500. Chanter 4 Section 8 License Fees (part c Canine Good Citizen Certificate In the first year, it is estimated that owners of 5% of the 26,000 licensed dogs would apply for the one time 25% (average $4.70) reduction in license fee. This would reduce revenue by $6,100. A revenue neutral approach to implementation would result if license fees for all dogs were increased by 25 cents. Chapter 4 Section 13 Animals Allowed without Permit and Section 14 Permit Required: _ A. Multiple Animal Permits. Relaxes the current limitation requirement. Would reduce revenue and cost by $2,400 (60 permits @ $40). B. Hobby Breeder Permits. Expands the requirement for such permits to all non- commercial litters. Estimated new revenue is $18,800 (250 permits @ $75 - rounded). Assuming half of permit fees collected are applied to surgery costs for the breeding females, then, net revenue is $9,400. Estimated cost is $18,800. It is recommended that education of hobby breeders be done by the Humane Educator. C. Commercial Animal Permits. Adds grooming services, for estimated new revenue and cost of$3,100 (28 facilities @ $110). w SECTION A • Page 2 of 4. Chapter 5 Section 8 Rabies Vaccinations Recommended: Cats pose a threat of rabies to humans which is greater than that posed by dogs. It is recdmmended that language be added which requires owners of cats to vaccinate them for rabies. The Health Officer strongly recommends this change. Chapter 6 Section 2 Impoundment: Requires the Division to Cite and Release on a first impound if possible. Current policy is officer discretion, which is visually exercised only for licensed dogs. Fines from citations remain with the Court system, and do not accrue to the Division budget. Estimated loss of revenue from the Division which would go to the Court system is $12,000 (200 dogs @ $60). Leash law fines ($68) are more expensive to the owner than fee for a first impound ($60 or as little a$ $30 if licensed and altered). Staff recommends modifications of this Section to allow dogs which are licensed and neutered to be returned home without charge or citation'on a first violation of leash law, and to preserve officer discretion for unlicensed animals,. Chapter 6 Section 3 Mandatory Alteration:. Eighty or more appeals might be made per year. It is recommended that final appeal authority be delegated to the Health Agency Director or designee outside the Division. The requirement for an outside Hearing Officer would cost the Division $24,000 (10 hrs/case @ $30/hr for 80 cases). Transportation for surgery would cost $1,600 (80 cases @ $20). It is recommended that these costs be recovered by offsetting fees. Chapter 6 Section 9 Redemption of Impounded Animals: Stray animals without identification must be held for five days, which is two days longer thah current ordinance and state law. A certain proportion of these strays are sick!and injured. For these, the proposal trades significant suffering for a very slim chance'of rescue. In addition, many animals are unadoptable for other reasons of age or temperament. When the shelter is at capacity (more than 50% of the days), the proposal means less chance for some healthy animals to be adopted in order to preserve room for the sick/ infirm, and others with little/no chance of adoption . Additional costs are estimated at $25,140. It is recommended that the current discretion of the Division be retained. Chapter 6 Section 10 Redemption Fees: Would require the collection of a spay/neuter deposit for redemption of impounded animals (new mandate). A likely result is fewer redemptions (and more euthanasia) by owners unwilling to pay the deposit. However, staff supports the provision since unplanned breeding would be reduced and forfeited deposits would accrue to the Spay-Neuter Trust Fund (estimated $8,300/yr). Section would also mandate the return of a portion of the impound fee to an owner attending a class on responsible pet ownership. Estimated cost for the class is $1,600/yr. Estimated revenue loss from refunds for class attendance is $6,600. 0001:34. SECTION A Page 3 of 4. Chapter 5 Section 12 Unredeemed Animals: Part (b) mandates the alteration of all animals adopted from the shelter. Staff recommends that in the implementation of this provision a system be used whereby shelter animals can be altered at a rate approximating the current spay/neuter deposit. This would avoid an increase in adoption costs and help maintain current adoption rates. Unfortunately, such a system does not yet exist. In order to minimize impacts of this policy to the County, it is recommended that surgery costs be paid directly by the new owner to their veterinarian. Transportation costs would remain, which might also be passed on to the new owner (recommended)by a fee. Estimated transportation cost is $32,500. Impacts of these costs could drive down adoption rates (1,300 adopted last year), which would be a significant problem. The Spay-Neuter Trust Fund has less than $10,000 of available funds. Staff recommends that the Board direct the Citizens Advisory Committee to consider this problem as a priority issue. Chapter 7 Section 5 Private Individuals Finding Lost Pets• The current lost and found system now depends on a simple answering machine and volunteers, and is not adequate to cover the mandate. A more sophisticated voice messaging system ($14,000) would be needed according to County Information Services, and more time to operate it (0.5 FTE @ $17,000). Savings to the Division from animals not impounded may be lower than the associated costs of a decentralized lost/found operation. This would depend on the number of persons choosing to hold animals they have found, and the proportion of animals re-united with their owners (neither is known with any confidence). A lower cost approach to implementation which utilizes existing resources is possible, but would provide a much lower level of service. An unfortunate consequence of this proposal is that owners of lost animals would have no central place to look for their pet. Chapter 7 Section 13 Feral Cats- Section (c) would require the Division to educate the public to the advantages of a TTVAR Program. The Division believes, along with the Humane Society of the United States and the American Humane Association, that the disadvantages of TTVAR outweigh the advantages on humane grounds. The Public Health Department believes, along with state and federal public health officials, that feral cats pose a greater risk of causing disease than of preventing disease. It is recommended that Section (c) be deleted. SECTION A Page 4 of 4. Chapter 8 Section 2 Humane Educator: Staff concurs that this position be mandated. It is recommended that additional general fund support be made available, since existing staff are needed to provide the other service$ mandated by the ordinance and to fulfill city contractual obligations. Estimated cost is''$47,000 based on 1.0 FTE ($35,000) and $12,000 in support costs. Financial benefits will result over time from humane education provided by this position, as a result of reduced shelter and euthanasia costs, although it is difficult to make a precise quantitativeI estimate. Chapter 9 Section 2 Ordinance Review: Requiring public hearing to review Title 9 p q 9 a P � "at least every two years" would represent a substantial, ongoing, unnecessary and special burden on the time of the Board of Supervisors and the resources of the Health Agency. It is recommended that the Board of Supervisors at its discretion decide when to review any or all portions of the ordinance. Effective Date: It is recommended that an effective date for the new ordinance be established which is four months from the date of its adoption. This would allow an interval to put in place new procedures which support the new Title 9 mandates. Impact on Net County Cost: As summarized in Appendix 3, the total impact on the Divsion's budget would be to increase its net county cost by $200,040. 000134. 6 t t SECTION B -1 Page 'I of 1. Chapter 3 Section 1 Division of Animal Services: Staff recommends adoption of this name change, and that it be phased in as quickly as possible within existing budget. However, it may not be possible to accommodate all the additional costs within the current year's budget. Estimated additional cost is $11,800. This would be a manageable expense if distributed over this fiscal year and next, and if so could be implemented fully within nine months of adoption. Chapter 3 Section 12 Citizen's Animal Services Advisory Committee: Support staff used cost estimated at $2,300, based on monthly two-hour meetings. Management (24 hrs @ $27/hr) , clerical (65 hrs @ $20/hr), mailing ($300). Chanter 3 Section 14 Transfer of Animals: Cost dependent on number of cases reported and investigated, Likely a small number. Estimated cost $1,900 (2 cases/week @ $18/hr for 52 weeks). Chapter 4 Section 16 Suspension or Refusal of Animal Operation Permit. Staff recommends that "two business days" be substituted for"within forty-eight (48) hours" . Chapter 5 Section5 Quarantine of Animals. Animals exposed to rabies by contact with wildlife must be quarantined. This is State law now, and it is recommended that language be added to this section of local ordinance requiring such quarantine. Chapter 5 Section 13 Dissemination of Data on Rabies: Increases reports from once to twice per year. Estimated cost is $280. Chapter 8 Section 1 Humane Officer: It is recommended that an existing Animal Control Officer receive necessary training in cruelty investigation and be designated as the Humane Officer for the Division. Training costs are estimated at $2,000 Chapter 8 Section 13 Euthanasia Statistics. Increased costs from mandated mailing of reports currently distributed by request and changed format. First year costs ($2,500) include, one time costs for program development ($1,300) and ongoing costs for recording additional statistics, mailing and file maintenance ($1,200). 000134.7 SECTION B -2 Page 1 of 1. Chapter 5 Section 11 Control of Rabies in Reservoir Species: The?re are a variety of State and Federal programs currently in the experimental or trial stage. Implementation of the Section would be at the discretion of the Board of Supervisors,!:as defined through the budget process. Chapter 5 Section 12 Disease Prevention and Control Other tha Rabies: Participation in possible future programs would be at the discretion of the Board of Supervisors, as defined through the budget process. Chapter 6 Section 4 Transportation of Impounded Animals: This'' Section recommends the establishment of satellite kennels. A temporary, self-service, drop-off kennel now exists in North County. It lacks a concrete floor and permanent roof. A holding enclosure with permanent roof, concrete floor and chain linkfence would cost at least $20,500. Construction of satellite kennels would be at the future discretion of the Board of Supervisors, as defined through the budget process. i • 000134.E APPENDIX 9 Page 1 of 2 COST AND REVENUE ANALYSIS - DETAIL 3 - 11 Notification of Deceased Animal $20 . 00 staff (time & benefits) for programming, data entry, and clerical support X 2 hrs/day X 365 days/yr = $14 , 600 increased expense . 4 - 5 Late Fees 3500 licenses paid late annually X assume 50% renew after 15 days = 1, 750 X $10 . 00 late fee - $17, 500 revenue increase. 4 - 8 License Fees (Canine Good Citizen Refund) 26, 000 dogs licensed X assume 501 requesting refunds = 1, 300 X $4 . 70 average discount (2 . 50 + 3 . 75 + 5 . 00 + 7 . 50 18 . 75 /4 = 4 . 70) = $6, 100 revenue loss . 4 - 14 Permit Required A. Multiple Animal Permits total 100 X estimated 66a on acreage = 60 permits X $40 . 00 average permit fee ($25 . 00 , $55 . 00) _ $2 , 400 cost savings/revenue increase. B. Hobby Breeder Permits at $75 . 00 X estimated 250 new permits = $18, 800 revenue/expense . Assume 500 of the 250 request refund for alteration = 125 X $75 . 00 = $9, 400 revenue loss . C. Commercial Permits 28 new groomer permits X $110 . permit fee = $3 , 100 increased revenue/expense. 6 - 3 Mandatory Alteration Second Impound 120 second impounds per year. Assume 66o appeal the mandatory alteration = 80 appeals X 10 hrs . review and hearing time per case X $30 . 00 /hr for outside Hearing Officer = 24, 000 . 6 - 2 Impound (Cite/Release) 1000 redemptions per year X 2001 projected cite/releases - 200 X $60 first impound fee = $12 , 000 revenue loss . 6 - 4 Transportation of Impounded Animals (Satellite Kennels) 2 satellite kennels X $20, 500 (General Service Quote) _ $40 , 100 increased expense. 6 - 9 Redemption of Impounded Animal (5 Day Hold) 5 , 000 stray animals handled. Assume 2511 unadoptable (due to age temperament, health) 1250 animals X 2 additior_al days board at $6 . 00/day. = $15, 000 expense . In addition it is estimated that 650 of the 1300 animals adopted per year (845) are adopted immediately following the mandated three day hold period. Additional expense if two extra days are required before these animals could be adopted 845 X 2 days at $6 . 00/day = $10, 140 . Total expense $25 , 140 0001: 4.9 APPENDIX I Page 2 of 2 6 - 10 Redemption Fees e . Spay/Neuter Deposits on Redemptions - ' 1000 redeemed animals per year. AT LEAST 70% unaltered = 700 animals minus estimated 140 of owners refusing to claim animals because of deposit (100 animals) = 600 redeemed unaltered animals X mean deposit fee $27. 50 ($20 . 0',6 males,, $35 . 00 females) _ $16 , 500 Assume 500 owners will not alter pet and forfeit deposit to spay/neuter trust fund = $8, 250 Trust Fund Revenue. Responsible Pet Owner Class - 1000 redeel,med animals per year. Assume 25% owners are willing to attend class = 250 X $26.00 average refund amount (22 . 50, 30 . 00 , 37 . 50) _ $6, 600 revenue loss . 1 class per month X 4 hours (presentation, preparation time and benefits of Humane Educator) X', $18 . 00/hr X 12 months + $700 materials costs = 1, 600 increased expense . 6 - 12 Unredeemed Animals (Transport Fees) . 30/mile for each ten mile increment + quarter hour clerical time for scheduling appointments', $3 . 00 + officer transport time to veterinarian minimum'; of 30 mins at $18 . 00/hr or $9 . 00 (increased with distance traveled) _ $15 . 00 for ten mile transport . It is estimated that 80% of the 1300 animals adopted are unaltered therefor 1040 animals would require transportation_. 7 - 5 Private Individuals Finding Lost Pets $17, 000 salary & benefits for . 5 FTE (intermediate clerk) + $14, 000 for voice message system ($4 , 000 software, $4, 000 memory upgrades, $3 , 000 PC, $3 , 000 LAN upgrade) _ $31, 000 increased expense . 8 - 2 Humane Educator $35, 000 for one FTE _ $12 , 000 first year for audio visual materials, training, educational materials, presentation supplies and milage = $47, 000 increased ',expense. 000134,1© APPENDIX 2 Page 1 of 2. SECTIONS HAVING NO SIGNIFICANT NEW IMPACT TO DIVISION COMPARED WITH EXISTING ORDINANCE Chapter 3 -2 Director of Animal Services, Officers and Duties -3 Maintaining a Public Animal Shelter -4 Interference with Performance of Duties -5 Citations -6 Firearms Authorized- -7 uthorized-7 Impersonating an Officer -8 Records -9 Fees -10 Violation -11 Notification of Owner of Deceased Animal -13 Research and Vivisection(Animals in Research) Chapter 4 -1 Licensing of Dogs Required - 2 Rabies Vaccination Required -3 Valid License Periods -4 License with Vaccination Deferment -6 Registration of Cats(Optional) -7 Registration Records -9 Display of License -10 Lost License or Registration Tag -11 Unauthorized Tag and Identification Removal -12 Counterfeit Tag -15 Commercial Animal Permit Chapter 5 -1 Rabies Vaccination Required- Dogs -2 Rabies Vaccination Certificate -3 Rabies Deposit Fee Required -4 Knowledge of Bite-Duty to Report -6 Violation of Quarantine -7 Suspicion of Rabies -9 Other Biting Animals -10 Rabies Control Information -14 At Cost Rabies Vaccination Clinics Chapter 6 -1 Animal Shelter -5 Animal Care During Impoundment -6 Veterinarian Determination for Injured Dog or Cat -7 Injured and Diseased Cats and Dogs 000IL34 APPENDIX 2 Page 2 of 2. Chapter 6 -8 Notice of Impoundment -11 Unauthorized Removal of Animal Chapter 7 -1 Leash Required -2 Working, Hunting and Show Dogs -3 Non-Spayed Female Dogs and Cats During Breeding Period -4 Dogs or Cats at Large - Trespassing -6 Duty of Division to Accept Abandoned Animals -7 Biting Dogs -8 Unnecessary Noise -9 Abatement of Noise or Nuisance -10 Disposal of Dead Animals -11 Livestock and Poultry at Large -12 Unsanitary Conditions -14 Animal Waste Removal Disposal Chapter 8 -3 Spay Neuter Program -4 Transporting Dogs in Motor Vehicles . -5 Abandoning Animals -6 Poisoning Animals -7 Animals Struck by Vehicles -8 Humane Care of Household Pets -9 Cruelty and Animal Fights Prohibited -10 Outside Animals -11 Food and Water -12 Confinement of Animals in Vehicles/Enclosed Space Chapter 9 -1 Title Nine Synopsis -3 Severability • 000134,44 APPENDIX 3 Page 1 of 3. PROPOSED TITLE 9 SUMMARY OF COST AND REVENUE (INCREASED) INCREASED IMPACT OR TO ON DECREASED (DECREASED) NET LOCAL CHAPTER/SECTION COST REVENUE COST -------------------------- ----------------- ------------------- ----------------- Chapter 3 Section 11 Notification Dead Animal ($14,600) 14,600 Chapter 4 Section 5 Late Fees 17, 00 (17,500) Chapter 4 Section 8 Canine Good Citizen (6,100) 6,100 Chapter 4 Section 14 Permit Required A. Multiple Animal 2,400 (2,400) 0 B. Hobby Breeder (18,800) 9,400 9,400 C. Commercial (3,100) 3,100 0 Chapter 6 Section 2 Impound: Cite-Release (12,000) 12,000 Chapter 6 Section ') Mandatory Alteration (25,600) 1,600 * 24,000 Chapter 6 Section 4 Satellite Kennels (40,100) 40,100 Chapter 6 Section 9 Impound- 5 Day Hold (25,140) 25,140 000134./3 APPENDIX 3 Page 2 of 3. (INCREASED) INCREASED IMPACT OR OR ON DECREASED (DECREASED) NET LOCAL CHAPTER/SECTION COST REVENUE COST -------------------------- ----------------- ------------------- ---------}------- Chapter 6 Section 10 e Spay/Neuter Deposits Redemption Refund ($1,600) (6,600) 8,200 Chapter 6 Section 12 Unredeemed Animals (32,500) 32, 00 * 0 Chapter 7 Section 5 Priv Indiv Find Lost Pets (31,000) "1,000 Chapter 7 Section 13 c Feral Cats unknown unk0own Chapter 8 Section 2 Humane Educator (47,000) 47,000 TOTALS (237,040) 37,000 $ a04. . Iztcretxse . .��eacr{:Cast Notes: * Assumes recommended fee increase is adopted. ** Estimate of revenue to Spay Neuter Trust Fund from forfeited spay/neuter deposits for redeemed animals is $8,250. ( ) For Cost denotes an increase. For Revenue denotes a decrease. bolding For Cost denotes a decrease. For Revenue denotes an increase. 000134, APPENDIX 3 Page 3 of 3. COSTS ASSIMILATED BY RE-DIRECTION WITHIN THE DIVISION CHAPTER/SECTION COST -------------------------- ----------------- Chapter 3 Section 1 Division Animal Services $11,800 Chapter 3 Section 12 Citizens Advisory Comm. 2,300 Chapter ') Section 14 Transfer of Animals 1,900 Chapter 5 Section 13 Dissemin Rabies Data 280 Chapter 8 Section 1 Humane Officer 2,000 Chapter 8 Section 13 Euthanasia Statistics 2, 00 TOTALS 20,780 000134./� APPENDIX 4 . Page 1 of 2. FEE SCHEDULE FOR PROPOSED CHANGES TO TITLE 9 (Chapter 4 Section 8 c Canine Good Citizen Certificate: DISCOUNTLICENSE One year altered $2.50 $ 7.50 Three year altered with Senior Citizen Discount 3.75 11.25 Three year altered 5.00 15.00 One year altered 7.50 22.50 Chapter 4 Section 9 Display of License: Owner Identification when found but no tag-- Discount on Redemption Fee $ 5.00 Cha te�$ection 3 Mandatory Alteration: Transport Fee DISTAb!CE FEE 0 - 10 miles $15.00 11 - 20 miles 20.00 21 - 30 miles 25.00 31 - 40 miles 30.00 41 - 50 iniles 35.00 Alteration Fee: Charges quoted by veterinarian including any boarding fees. Chapter 6 Section 10 Responsible Pet Behavior and Ownership Class Refund: 25%of Impound Fee 1 st Impound $15.00 2nd Impound 22.50 3rd Impound 30.00 4th Impound 37.50 000134,/4 APPENDIX 4 • Page 2 of 2. Chapter 6 Section 12 b Unredeemed Animals-- Spay/Neuter for Adoptions: Veterinarian of Choice: Transport Fee 0 - 10 miles $15.00 11 - 20 miles 20.00 21 - 30 miles 25.00 31 - 40 miles 30.00 41 - 50 miles 35.00 Delete Fees: Half Year Permit Fees $12.50 27.50 37.50 55.00 • i 000134, /� Chapter 1 . Purpose and Goals The following Ordinance shall address all aspects of a=nal ownership without discrimination against, or prefetential treatment toward, any individuals or groups . Primary goals of this Ordinance are : 1. To ensure a safe and healthy pet community in San Luis Obispo County for the benefit of the county residents as well as the county' s pets . A safe and healthy pet community includes, but is not limited to, a community free of rabies and other animal diseases 2 . To reduce the number of stray/unwanted dogo and cats in San Luis Obispo County. .Efforts to reduce the number of stray/unwanted dogs and cats includes, but is not limited to, the development of an education program for both children and adults, with the desired results a reduced euthanasia rate, an' d the development of a county wide spay/neuter program. 3 . To encourage responsible pet ownership in' San Luis Obispo County. A responsible pet ownership program includes, but is not limited to, an education and community awareness program for both children and adults in proper pet care! and handling. 4 . The development of a service oriented policy on the part of the Division of Animal Services . title9\taskremk.wpd 9/13 95 UUU1: 4 ./8 Chapter 2 . Definitions The following terms, as used in this ordinance, shall have the meanings herein set forth in this chapter, unless it is apparent from the context thereof that some other meaning is intended. Other words shall be given their common and ordinary meaning. Altered - For a female, altered means having had the ovaries and uterus surgically removed: An ovariohysterectomy. For a male, altered means having had the testicles surgically removed: A castration. CY7 :C;C l:�,:ix:!.�:N':::�:ii:::i::i:::�:.�.::�.i:{.�{:;::i:i+<::(:;:i.iiii::i i:::i;:::::i':i}ii:i:.:;i:.i:::i::ii:i:::i::i:•`:Yiii:4};":v:i:�:•Y.:i}:":{4ii}:•:":8:i?i{i?"::.:}iiiii:!iL:4:•iii}:}:ilryiii}:is i?.n'r::iilii::.i:.iii::...?:.i::.i:.:'iiiiiiii:::.i::hii:'.ii^iiii::.:ni...::w::::i::. �i'��r i:;;'::�:��ki ::<;<:.'•'.•':2;: .wt'�',�:.�.r:::' ..::::iS:i..>.: .::•..:... ;:..:.::..: .:.:2$.:r:. .' '::;:<:::.:. ...::. .:>:.::..-...iii:.i:.:.:. :. ::.: ii::.;. :. ..�• .::.::.:�h�:::.::•:.;.:::'''tiv:?::i:6::.i:F:iii'iiii'F.:!:i}:?. .. .. .:.... ...... .. ...:...:...::::.:..;.....:..1y.......;.......:..:..............................(......... .............. ...4........:.....4..............:.:.•::..:::n:. �:Ci'''' ••'''': t:::::::' i:'..giiii:.... ..:.: .:. {:i:;;i i.::y::.:: ...'..:: ::^:; ..::'.i.:::.:• .:..::•i$j::::..i'.i:::::::: ...::.::: '.i.i' :•iiia.'..{i:•.:.:;•i;:{•.> :{.i i::. Animal Services Officer - Any person duly sworn and serving under the supervision of the Director of Animal Services for the purpose of aiding in the enforcement of this ordinance, assisting the citizenry in solving animal related problems, and promoting the humane treatment of animals . At Large A domestic animal which is loose on any public road, highway, street, alley, park or other public property, or on private property without the permission of the person who owns or has a right to possess or use the property, when said animal is not accompanied and under the control of the owner or person having charge or custody of the animal . Board - Refers to the San Luis Obispo County Board of Supervisors . Boarding Facility - A business operation where animals are boarded by their owners for a fee. Business Day - Any day when the Division of Animal Services County Animal Shelter is open to the public for business as determined by the Board of Supervisors . Canine Good Citizen Certificate - A certificate awarded for passing a standardized test for evaluating behavior and temperament of dogs . Cat - Refers to any Felix Catus of either sex. Commercial Animal Operation - A premise where household pets are kept or maintained primarily for financial profit, such as pet shops, grooming services and boarding kennels, as well as equine riding stables . County - Refers to San Luis Obispo County. County Animal Shelter - The premises and facilities selected by the Board of Supervisors as a suitable facility for housing lost, stray, abandoned and un-owned animals . Director - Refers to the Director of Animal Services . Division - Refers to the Division of Animal Services . Dog - Refers to any Canis Familiaris of either sex. tit1e9\taskremk.wpd 2 of 26 9/13/95 UOU134 4 Euthanasia The humane death of an animal brought about by an • authorized person and by a method approved by State law and considered to be humane. n. bbd ............ .................. - X .... ....... ...................... -.nx........ . ....... .................. PM ............ ............oda ...... .......... ......... . .. . .......... ...... .... Feral A historically domesticated animal living in a'' wild environment . Grooming Parlor or Service - Any business establishment where animals are bathed, clipped, combed or any combination thereof for a. fee . Hearing officer - A person who is able to act impartially and who is not, in any way, connected with the Health Agency or: the Division of Animal Services . ................. .......... gr -�g.�ft--.i� M: Household Pets Refers to, but is not limited to, q:ats, dogs, birds, fish, hamsters, lizards, snakes, and other kindred animals usually and ordinarily kept as household pets . Humane Education - A curriculum for community awareness that emphasizes • the humane treatment of all animals . This shall include, but not be limited to, animal health, proper feeding and care, the advantages of spaying and neutering, the physiological and emotional behavior of animals, the nature of various breeds, and the value of the human/animal relationship. Humane Organization - Any group duly recognized und Or the non-profit statutes of the State of California and the feder4 government, and having as its primary purposes the promotion of animal welfare and the prevention of cruelty to animals . Leash - Any rope, strap, chain or other lead by which any animal may be secured and kept under the control of a person capable of handling that particular animal . License - A properly completed certification issued by the County, including the owner's name, address, and telephone; ;the animal 's name and description, including breed, color, sex, year l; of birth; rabies vaccination date, rabies expiration date; licens6! tag number and expiration date. License Registration Tag - For dogs and cats, means alpiece of metal or other durable material, inscribed with an identification number issued by the Division as a licensing agency. Litter - The live offspring resulting from a single pregnancy of any dog or cat . titIe9\taskremk.wDd 3 of 26 9/13/95 000134.2d Livestock - Refers to horses, ponies, mules, donkeys, cattle, sheep, goats, swine and all other domestic or non-domesticated animals other than household nets . Micro-Chip Implant - An injectable device placed subcutaneously between the shoulder blades of animals which can be scanned for an identification number to assist in the identification process . Neuter - The surgical removal of the testicles of a male animal . (see Altered) Owner - Any person who is the legal owner, keeper, harborer, possessor or actual custodian of an animal . Ownership is also established by a person registering as the owner on a license or other legal document . Permit - Permission for animal related activities within the County for a specified period of time. Pet Shop - Any commercial establishment that houses pets, including, but not limited to, dogs, cats, birds, reptiles, fish, and offers to sell such live animals for profit . Poultry - All domesticated fowl and all game birds which are held in captivity. Rabies - A viral animal disease infectious to humans, usually transmitted through a bite wound. Rabies is fatal to un-inoculated animals, and is fatal to humans unless immediate immunization is instituted. Service Oriented Policy - Refers to the balance of law enforcement duties with assistance to all county residents whether or not they are pet owners . Assistance is not limited to legal duties, but extends the Division's activities to whatever animal-related services necessary for the welfare of both humans and animals . Shelter - A facility housing homeless or unwanted animals operated by a public body or an established humane organization. Spay - The surgical removal of the ovaries in female animals . (see Altered) Spay/Neuter Agreement - A written legally binding agreement, signed by the recipient of any unaltered dog or cat, agreeing to the surgical alteration of such animal . The agreement shall include a description of the animal, the breed, sex, and age . The agreement shall also provide that the animal shall not be allowed to reproduce prior to such surgery. G�Eate"ei-;�if Humane Officer - An individual who is duly appe4:need by `ham—Gueei-=-ems—Ge��e —gang -ui Ge tea> e as outlined in section 607f 3 of the California Civil Code . ai. �` '1'6 '=, qi;,;i c4.ee2 4:9499 . 0 tit1e9\taskremk.wpd 4 of 26 lDuN+1494 . 2l R II' property Stray or oriv Any dog or cat which is on any public a�'te other than the owner' s property when not under the control of any person. Veterinarian - A State licensed practitioner of veterinary medicine . tit1e9\taskremk.wpd S of 26 9/13/95 �tv0134,,2.2 Chapter 3 . Administration and General Provisions 3 -1 Division of Animal Services 3 -2 Director of Animal Services, Officers, and Duties 3 -3 Maintaining a Public Animal Shelter 3 -4 Interference With Performance of Duties 3 -5 Citations 3 -6 Firearms Authorized 3 -7 Impersonating an Officer 3 -8 Records 3 -9 Fees 3 -10 Violation 3 -11 Notification of Owner of Deceased Animal 3 -12 Citizen' s Animal Services Advisory Committee 3 -13 Research and Vivisection (Animals in Research) 3 -14 Transfer of Animals SECTION 3 - 1 DIVISION OF ANIMAL SERVICES . There shall be in this County a Division of Animal Services functioning as a division of the Health Agency. The Director of Animal Services and duly authorized deputies and employees shall carry out the provisions of this title and pertinent statutes of the State of California. SECTION 3 - 2 DIRECTOR OF ANIMAL SERVICES, OFFICERS, AND DUTIES . There shall be in this County, a Director of Animal Services subject to the direction and supervisory control of the Health Agency Director. a. The administration of Animal Services shall be the duty of the Director under the supervision of the Health Agency Director. b. Duly authorized Animal Services officers and employees shall carry out the provisions of this title and any pertinent statutes of the State of California, unless otherwise provided by law. SECTION 3 - 3 MAINTAINING A PUBLIC ANIMAL SHELTER. The County shall maintain a shelter or shelters for the impoundment of animals . These shelters and any branches, County operated or contracted, shall be supervised by the Director of Animal Services . An "Animal Shelter" is a public pound as identified in Government Code 25802 . SECTION 3 - 4 INTERFERENCE WITH PERFORMANCE OF DUTIES. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this ordinance while such person is engaged in the performance of duties . SECTION 3 - 5 CITATIONS. The Director and duly authorized animal services officers, pursuant to California Civil Code 607 (g) shall have the power to issue citations for violations of the provisions of this ordinance as provided by law. tit1e9\taskremk.wpd 6 of 26. 9/13 060114- .2J SECTION 3 - 6 FIREARMS AUTHORIZED. Animal services officers, when acting in the course and scope of • their duties, shall be authorized to carry in County vehicles, firearms of the type approved by the Director. Each officer sh'iall qualify under Penal Code Section 832 in the use of firearms . The use 'of firearms shall be restricted to use on terminally ill or inured animals or in life threatening situations c re hA -hea�,C x ..4 re�vr.. SECTION .3 ....-.....7 ' IMPERSONATING AN OFFICER. Any person who has not been duly appointed and sworn as an Animal Services Officer, or whose appointment has been revoked or terminated, who shall represent himself or herself to be or shall '';attempt to act as an Animal Services Officer shall be guilty of a misdemeanor. . (PC 146a) SECTION 3 - 8 RECORDS. It shall be the duty of the Division to maintain all records related to or required by this ordinance for a minimumlof five (5) years or as required by State laws, and to attempt to identify any impounded, found or turned-in animal via identification tag$, license, lost reports, tattoos, micro-chip implants and any other means of identification possible. The Division shall keep records of the number; description and disposition of all dogs, cats and other household'" pets impounded, showing in detail in the case of each, the date of receipt, location of origin, species, approximate age, means of impoundment, date and manner of disposal, name of person redeeming or adopting such pets, the reason for destruction, and such additional records as may b'ie required by law or prescribed by the Board of Supervisors . SECTION 3 - 9 FEES G a. Fees charged by the Division of Animal Services shall be set annually by the Board of Supervisors . b. Fees may be waived at the discretion of the Health Agency Director or his or her designee iftT!4e—inte.-Fee e - ts-_a:-ee--er---d��a e-i -� r,e,- h oon xst~e t th q arfc�a. s t tl x ed a �:o�11�i3zG3 `>:' :t�fl :fie f�=>:::..•.:<:>:::::.- :=>::>-: .:• .:::::::<:_:.;:;:;<:;.:-::.; `:.:.;. .;.;:: �.::..:: ,.: - ::.;: y�:.;:.:r;:.:: .:^:^::....:..:: p 11 be deposited in C . the -Count current expense refund forthesDivision of Animal Services . SECTION 3 - 10 VIOLATION Except as otherwise provided, a violation of a (provision of this title is an infraction. SECTION 3 - 11 NOTIFICATION OF OWNER OF DECEASED ANIMAL Whenever deceased animals picked up by an Animal' Services Officer carry identification of any kind or can be identified through lost records, the owners shall be notified as soon as possible and a notice shall be posted at the shelter giving such information in an easily visible location. SECTION 3 - 12 CITIZEN'S ANIMAL SERVICES ADVISORY COMMITTEE A Citizen's Animal Services Advisory Committee shall be maintained as a body to advise the Board of Supervisors on matters pertaining to tiC1e9\taskremk.wpd 7 of 26 9/13/95 0 000134.211 w the Division of Animal Services and its programs and to deal with concerns of the citizens of San Luis Obispo County regarding animal • related matters . The Gefafnittee shall be—eefRpesed of Re lems— �=-han ten 4-9` and .. toex — -naafi=teen (--IS) -ERember-9 . cits�s W±S ." t� tq —te se �a en .-t ` Me.� ez?g :d� tie r - . ..:Bi"3C3 :.. 11 erx7` CS...;:::: X59 f3 . saa . : :ct.::.;::a ;:.;: w€ :::r :; �ta ,ire.s...;:..ac €� e::.:altern . :.:.:..::.>.:. :.;:.:::::.:................:::::.:::::;:;;::..;:::;;;.:;;;:.;:.::::.:::.: ;::.::.:.::.;:.::.;:.;:..:.; `e ��_ � '< .� :.: >::::``< representats.ve...ftom the"Health Agency/Division of Animal Services shall provide advisory services to the committee, and the Health Agency shall provide secretarial and other support services . SECTION 3 - 13 RESEARCH AND VIVISECTION (ANIMALS IN RESEARCH) It shall be unlawful for the Division of Animal Services to sell, donate or transfer title of any dog or cat or any other animal for research or vivisection. SECTION 3 - 14 TRANSFER OF ANIMALS In order to promote responsible pet ownership, no person shall sell, give away, or in any other way transfer ownership of any household pet under four (4) months of age, in or on any public park, sidewalk, street, highway, in front of stores, at swap meets, farmers markets, flea markets, or carnivals in the County. This prohibition shall not ........................................................ apply to -any pet shop, humane society, s or organized animal welfare group. _...................... No person shall give away any animal under four (4) months of age as a prize or as an inducement to enter any contest, lottery, drawing, game or competition or as an inducement to enter a place of business . Owners of unwanted animals may turn over said animals to the Division or to an authorized shelter for adoption, or to be euthanized in a humane fashion in with this ordinance. tit1e9\taskremk.wpd S of 26 9/13/95 000134,, III Chapter 4 . Licensing, Permits and Fees 4 -1 Licensing of Dogs Required 4 -2 Rabies Vaccination Required 4 -3 Valid License Periods 4 -4 License With Vaccination Deferment 4 -5 Late Fees 4 -6 Registration of Cats (Optional) 4 -7 Registration Record 4 -8 License Fees 4 -9 Display of License 4 -10 Lost License or Registration Tag 4 -11 Unauthorized Tag & Identification Removal 4 -12 Counterfeit Tag.................................................... S R.P_s 9--s G._3'-ireC3ffffmcrA-3-al E`,3-t—crsrsa_::rcezt& 4 1Szrial maiex Suspens on�or Refusal of Animal Operation Pe 4 �S Permit iSECTION 4 - 1 LICENSING OF DOGS REQUIRED. It shall be unlawful for any person to own, keep 'or harbor any dog over the age of four (4) months unless such dog is licensed with the San Luis Obispo County Division of Animal Services . Application for licensing must be made within thirty (30) days after obtaining a dog over four (4) months of age or within thirty (30) days of establishing residence within the County. SECTION 4 - 2 RABIES VACCINATION REQUIRED. No dog shall be issued a license without presentation of a valid rabies vaccination certificate signed by a licensed veterinarian, such certificate to be valid for the entire license period.; Such vaccination shall be of such type as approved by the State Department of Health. SECTION 4 - 3 VALID LICENSE PERIODS . A license may be issued for one or three years, depending on the length of validity of the rabies vaccination. Only dogs which are altered shall be eligible for a multi-year license. If a dog has been vaccinated in another jurisdiction and proof of such vaccination is presented, a license may be issued for a partial year or years . The termination date of such license shall be the date of the expiration of the rabies vaccination SECTION 4 - 4 LICENSE WITH VACCINATION DEFERMENT • The licensing requirement of a rabies vaccination'shall be deferred if a veterinarian certifies such a vaccination may endanger the dog's health. Such deferment is conditional on keeping such clog within a house or in a fenced yard adequate to confine the animal at all times . The tit1e9\taskremk.wpd S of 26 9/.13/95 uoul34.2$ deferment shall be valid only as long as the veterinarian maintains there is a danger to the dog' s health from a rabies vaccination. SECTION 4 - 5 LATE FEES A late fee shall be charged for dog licenses that are fifteen (15) or more days past the due date . Amount of the fee shall be set annually by the Board of Supervisors . Late fees shall be waived if : a. The owner submits verification of acquisition of the dog within the preceding 30 days . b. The owner has established residence in the County within the past thirty (30) days . C . The animal only reached four (4) months of age within the past thirty (30) days . d. The owner purchases the license (s) voluntarily prior to field contact by Animal Services personnel. SECTION 4 6 REGISTRATION OF CATS (OPTIONAL) In order to provide protection for cats in case they should become lost, owners may register their cats who are four (4) months of age or over in the same manner in which dogs are licensed. In order to be eligible for an optional registration, cats must have a current rabies vaccination which is valid for the entire registration period. SECTION 4 - 7 REGISTRATION RECORD. The Division shall maintain accurate records of all animals licensed or registered, including name, sex and general description, whether it has been spayed or neutered, the name, address and phone number of the owner, the number of the tag issued, and the date of expiration of the rabies vaccine . SECTION 4 - 8 LICENSE FEES a. The Division shall collect fees for licenses and distribute said fees as approved by the Board of Supervisors . In accordance with Section 30804 .5 of the Food and Agricultural Code of the State of California, the fee charged by the Division for licenses shall be reduced by at least fifty percent (50%) where the applicant presents a certificate from a veterinarian that the dog has been spayed or neutered. b. Where any animal requiring a license is deemed by a licensed veterinarian to be in such health as to advise against the surgical procedure for spay/neuter, a one year license shall be available at the reduced rate with a written medical exemption from the veterinarian. C . Fees shall be reduced by twenty-five percent (25 0) on a one time basis for dogs who have received a Canine Good Citizen Certificate . -Not withstanding the foregoing provisions, no license fee shall be reduced by more than seventy-five percent (750) . SECTION 4 - 9 DISPLAY OF LICENSE. No person who owns, harbors or keeps any dog shall fail or refuse to exhibit the license or tag required by this ordinance upon demand of any Animal Services or Law Enforcement Officer charged with the enforcement of this chapter Gwnei-s shall r ezc t... the 7� ' shah c eq sr�d;......�cx we tit1e9\taskremk.wpd 10 of 26 9/13/95 oOO134 .Z7 i e�. Vie._ st a1xzctet Discounted tion fees shall be offered by th . P the Division for animals that are impounded and wearing a valid license, other owner ID or having a micro-chip implant . The issue of micro-chip implants for ID shall be reviewed no later than January 1, 1997 for consideration for mandatory license ID implementation. SECTION 4 - 10 LOST LICENSE OR REGISTRATION TAG. In case a license or registration tag is lost'; or destroyed, a replacement may be obtained upon showing such proof a's may be required and upon payment of the replacement fee . SECTION 4 - 11 UNAUTHORIZED TAG & IDENTIFICATION REMOVAL. It shall be unlawful for any unauthorized person to remove from any animal any collar or harness or other device to which is attached a license or identification tag, or to remove such tag from any animal unless the life of the animal is in jeopardy. SECTION 4 - 12 COUNTERFEIT TAG. It shall be unlawful for any person to attach any current license tag to any dog, which tag was not issued for said dog, or to attach a counterfeit or imitation tag to any dog. 4. G Gammeiceial T=Ieenses < ' > ST-< I <> ..,.::::::.1.3.:::AN.! LS.,;;�Lt >iz+zT' I:::::::::., . ....:...:.::�.:::._:::::::::.::::::::.:._.:::::..::.:::::...:..:........................................._...:,.:.::::::.:::::::::::::::::::.:.::..................... .. :: r::.: . � . ..�:::::::: :i.i:.i:[.i:.ii:•ii:[.i:.:':.: "::4i:i ilii:v;ipiiiiii:.}':.} :. ::.::::::.':::is'.i:.i:.::::K:.i:.::^i:' <•:::•:::w-i-•:i':.:..:::..�::.::.'.•.:v:ryiii'::�;::.::•::. ♦¢''4ii:i ..................... 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'..;;:.i.:.;:.i•.i:: : :<:.;:..;...;::::...:.:.:v. ...:i:.:.:..:..::..::..:..;.' :.. ...:.; .....i::::. ...: .:..... .:- :its:•:::::�:::::::::»:::::��: ; :.;:.:::.i>:.;;:;.i:::.:<.i:.ii:.ii:.i:.i:.::.iiii:.: erm ....... :; i H;:::>: :>;: ter fry too s. :an caz a�n a .ne at res dez t a . un : .. . 77 e .az :e$s:.i:,a' .:;;.: rtdc :.: as:..rx .::: arsf.::::.::.:::::u::.::::::::.::;.:<,i:::i:::::::: ;•;i'.i:;;i .... an ...:::: . : ::.:::::::::::..:.:..:.:.::::::::::::::::::...:.:. ...: .:::.::.:.:::.::.::::::::::..:::::..:.:..:..:.::::::::: :.,:: ::.,.........:.... :. .....:..:...:. :..:... k :& ...z.... ant a .: :.::::::::. acs i:.i:.ii:.ii:.i:.: .;:::::: :'.:.: .:.. .: :: .::::>::;< :::.'ha;n::»:<:>:�::::.iee.........e...... . perm:�:fr•>��:»::>;>::::>::>::Pha:�..�;.ii:::I��>:::.:� :ta.�.� �: � ::::: :.::::::::::::: :;.;:.:::::.,:::::.�:::. �... . >i 'o fth: :€�i::>:a:::»1:�:t:ter�«:::>::::>'�he:::> .errnxt ..fee ma . ...: ...::...p .::.:.:.::.:::.::.:::.:::. cz�iiii��;i;:.�h�::::. :�,z<���.:::a� :::.:.::::.:: p : € rz�xe 3>:: it t our:: i66& s f... s ar ce s t e erm t P ;> ammercai ana Z e st . .shmen s such as 1�Uard ncennels<t tit1e9\taskremk.wpd 11 of 26 9/1 s vvvl. .2� c�rcic�ungIxap txzrzg ...............t .€� x ane :the 04 erin of ed", :::::: within freh ge; ent-a jaai6jeelleejen . _er-fie--LEhe epe `= err-af a p �� SECTION 4 - 15 QLANIMAL OPERATION PERMIT. FF cS--nP-9 a izro eatie3--"r—=4; All persons, companies, corporations or associations doing business as described inSect ' - io n 4 14 C shall( ) obtain _.t x ::::e h:.:.. av�e.�e M. era t ion Permit from the Division or Animal .... er`vices ...pr or.... c c«pe pan o sum bus essw; and—shall lae LQ 19 ,,,, F t ,„ y, f feed, L and e elefnent5-. net--9ubTe-t-any_"caziimcr-lee ecrfe"-'-inq, cr�ril tcabuse e�egleet . l l i ee�ed v e t ei-.ter- y _ needed --4-�--The --aha-1.1 ���a-i-n--t# l a 1 e-ga a-zr-s�---�z—ewe r e a r-e and s an:i taYT dl-`te- L B. Each firm holding a permit under this section shall post in a conspicuous place where it may be seen from outside the locked premises, a notice listing the names and phone numbers of persons who may be contacted in case of emergency. diFe a r eemplianee with Lhe humane ,��,,'t � LP-d b —TSS-s erdina'�e� ' ZC hall be�.�T� a fespeT'SSbil:ity of the 1yislen of Animal n a pe�,.c least annually, eaeh fae 1 ''l permrte under-this 9'e"c`z-ivxz- d Each firm in the commercial category shall prominently display on the premises a copy of the current business license, commercial animal permit and The-Pi , �:sien sha ! piFevi a certificate of inspection whieh hall be r" 1 j dislalayed-en the-gam miser-- provided by the Division of Animal Services . Humane organizations operating a shelter shall be exempt from permit fee . SECTION 4 SUSPENSION OR REFUSAL OF ANIMAL OPERATION PERMIT In cases "or suspension or refusal of a permit fe-r- a eemme-eia= establi:shfae .t as listed in SECTION 4 -15, the following shall apply: a . A permit may be immediately suspended by the Division of Animal Services for violation of any provision of this title or other law which results in an imminent danger to the public health or safety, or when necessary to ensure humane care and treatment of the animals under the permit . In the event of such suspension, the holder of said permit shall be given an opportunity for an office hearing before an impartial hearing officer within forty-eight (48) hours of the time of suspension. Upon conclusion of the office hearing, the hearing officer may decide to. tit1e9\taskremk.wpd 12 Of 26 (1) Dismiss the charges and reinstate the permit; or (2) Reinstate the permit conditioned upon correction of the violation; or (3) Revoke the Permit . b. If, in the opinion of the Division of Animal Services, the danger to public health or safety or the threat to the humane treatment of animals is not imminent, the Director shall send a ndtice of violation to the permittee and seek to achieve compliance informally by means of a correction schedule and reasonable inspections . It, as a result of subsequent inspection, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficiencies, the Division shall send a notice to the permittee advising same of the remaining deficiencies and the convening of an officejhearing before an impartial hearing officer to determine whether or not lithe permit should be revoked. Upon conclusion of the office hearing, the hearing officer may decide to: (1) Dismiss the charges and reinstate the permit; or (2) Reinstate the permit conditioned upon correction of the violation; or (3) Revoke the permit . C. All office hearings referred to in this title shall be conducted by a hearing officer from outside the Division. The permittee shall be given reasonable notice of the hearing, may call and examine witnesses on any matter relevant to the issues, and may rebut evidence against him or her. The hearing shall not be conducted according to technical rules relating to procedure, evidence or witnesses . The Division shall insure that an informal record of the proceedings is maintained. d. Whenever the issuance of a permit is refused''., or a permit is revoked and the required office hearing has been held', the applicant or permittee may appeal the action to the Board of Supervisors within ten (10) days . The clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permittee and to the Division. The Board, or their designee, shall hear the evidence offered by'', the applicant or permittee and the Division, and shall forthwith decide the issue. The decision of the Board of Supervisors, or their designee, shall be final. tit1e9\taskremk.wpd 13 of 26 9/13/95 000134, 30 Chapter 5 . Disease Prevention and Rabies Control 5 -1 Rabies Vaccination Required - Dogs 5 -2 Rabies Vaccination Certificate 5 -3 Rabies Deposit Fee Required 5 -4 Knowledge of Bite - Duty to Report 5 -5 Quarantine of Animals 5 -6 Violation of Quarantine 5 -7 Suspicion of Rabies 5 -8 Rabies Vaccinations Recommended - Other Species 5 -9 Other Biting Animals 5 -10 Rabies Control information 5 -11 Control of Rabies in Reservoir Species 5 -12 Disease Prevention and Control - Other than Rabies 5 -13 Dissemination of Data on Rabies Incidents 5 -14 At Cost Rabies Vaccination Clinics SECTION 5 - 1 RABIES VACCINATION REQUIRED - DOGS . Every person owning or harboring a dog four (4) months of age or older, shall have such dog vaccinated against rabies by a licensed veterinarian. The first time a dog is vaccinated for rabies, the vaccination shall .be valid for a one (1) year period. Thereafter, vaccinations shall be valid for a period of three (3) years . SECTION 5 - 2 RABIES VACCINATION CERTIFICATE. Each- duly licensed veterinarian, after vaccinating any dog r , shall sign a certificate of rabies vaccination. A 1% copy shat- be issued to the owner or person in possession of theaeHff 3ae The cert,.fzcate sha1Z include : a. Manufacturer, type, and lot number of rabies vaccine used. b. Date of the vaccination. C. Duration of the vaccination. d. Description of the degincluding age, breed, sex, and . ................. color. . ...... .......... e. Name and address of owner of deg ; . f . Rabies tag number if one is used. "' SECTION 5 - 3 RABIES DEPOSIT FEE REQUIRED. Any person applying for a dog license without a valid rabies vaccination €erase—ef, adopting a dog from the animal shelter, redeeming an impounded dog or clearing`a citation shall pay a rabies deposit fee. The deposit is refundable upon proof of current vaccination certificate . Proof of rabies vaccination shall be made to the Division of Animal Services within fifteen (15) days, zehe _. - ..'. ::::... > s ; license application will become void and the owner cited dor rich-compYiance . SECTION 5 - 4 KNOWLEDGE OF BITE - DUTY TO REPORT. All persons bitten and the parents or guardians of minor children bitten by a dog, cat, skunk, fox, bat, coyote or bobcat, shall notify the Division within twenty four (24) hours of the next business day after said bite . Physicians treating such bites .and other persons having knowledge of such bites shall also be required to make such notification. tit1e9\taskremk.wpd 14 of 26 9/13/95 000134. 3/ SECTION 5 - 5 QUARANTINE OF ANIMALS. Upon written ritten notice by the Division, the owner or person having charge of any dog or cat which has, within the preceding ten ':!(10) days, bitten any person shall cause such animal to be isolated in strict confinement under proper care and supervision. The dog or cat shall be placed in Quarantine under the supervision of a 14:eensed _ L b�s,� in one of the following ways a:.. At the facility of a licensed veterinarian. ' b . At the San Luis Obispo County Animal Shelter ';or other Division approved animal facility. C . At the home of the owner if proper confinement facilities are available. If quarantined at home, the Division shall post a sign of quarantine on the premises. Such quarantine shall be for a period of ten ( Ip ) days . Costs of quarantining an animal shall be the responsibility of the owner. SECTION 5 - 6 VIOLATION OF QUARANTINE. It shall be unlawful for any person to remove from any place of isolation or quarantine any animal which has been isolated or quarantined without the consent of the 91Les~tei- ef� An��rGeviees Persons violatingthis Section shall be guilty of a Y IllisCdemeanor`. SECTION 5 - 7 SUSPICION OF RABIES . Whenever the owner or person having possession of an animal shall observe or learn that such animal shows symptoms sus-, of rabies, he or she shall immediately notify the Division. pe OU _::....:: ........:...::::..::.:........... `<} 1I' M>'Q : c the animal s�� be examined a veterinarian tor determination of- existence or non-exil.stence of rabies . Such animal shall be kept isolated in a veterinary clinic, the County Animal Shelter or other approved facility and shall not be killed or released for at least e�-e ten days after the .::..:y _ de .on of symptosis suggestive of rabies _ ...... :::::::.::::.. .::.::::... ::::..::::.::, .::`:: :;;;; . .;. ;;<;;; :;: .;:.:;.;<:`::.. .: .o :.::.;::that..::.;:.;su .;:.;:;atza :.;:.::; a:,;:::.; :.:.;:.; arz , . :::>: : : :.:.......:::: :::::::::.::::...::............................................................Y........................... ............: ..........:.:...................................:...::..:::.:::::::::::::.:::::::::::::.:::::.:..:::::::.::::.::.::.:..:: .::: ..::::.:::::..:....:..:.:.::::.:..::.::..:.::..:..::::::::::::.::: xazatxala:r<zak After ten da s, tyle animaY ma be released if it Y Y , is determined...by`a 'veterinarian that it does not have 'rabies, or it may be humanely euthanized if rabies is determined by the', veterinarian. SECTION 5 - 8 RABIES VACCINATIONS RECOMMENDED - OTHER' SPECIES Due to the incidents of rabies in both cats and houses in the State of California and San Luis Obispo County, it is strongly recommended that both cats and horses be vaccinated against rabies . SECTION 5 - 9 OTHER BITING ANIMALS Other animals known to have bitten humans may be quarantined for fourteen (14) days at the discretion of the Public Health Officer, or the Director of Animal Services . SECTION 5 - 10 RABIES CONTROL INFORMATION In all matters pertaining to Rabies, the Califor' ia Department of Health Services, Veterinary Public Health Section, Ca7.iX.or zaCc3mgenditxz. �. ti shall be the-u?-e-�taee- :reed.>:<.: o.:;:..�ct�:;.:.. .u�da .......................... ........................................................ tit1e9\taskremk.wpd 15 of 26 9l / 5 SECTION 5 - 11 CONTROL OF RABIES IN RESERVOIR SPECIES The Director of Animal Services shall, along with the County Health Officer, be responsible for maintaining up to date information on the costs and effectiveness of vaccinating wild reservoir species such as skunks, foxes, etc . , with area wide bait type vaccines . When the incidents warrant, and costs permit, such programs shall be instituted. SECTION 5 - 12 DISEASE PREVENTION AND CONTROL OTHER THAN RABIES Over fifty (50) different diseases may be transmitted from animals to humans, and the primary responsibility for prevention and control of which shall rest with the County Public Health Officer. State and federal veterinarians, and health officers may be involved with specific programs from time to time . The Division of Animal Services shall give assistance to these programs when requested, and as capabilities are available . SECTION 5 - 13 DISSEMINATION OF DATA ON RABIES INCIDENTS The Division shall accumulate data on the incidents of rabies by species and time for both San Luis Obispo County and the State of California as a whole. This information shall be sent to all veterinarians, pet shops, boarding establishments, grooming parlors, humane organizations, the media, both print and electronic, on at least a semi-annual basis . Copies shall also be available at all times to the general public upon request . SECTION 5 . - 14 AT COST RABIES VACCINATION CLINICS The Division shall coordinate and participate in the sponsorship and advertising of "At Cost" rabies vaccination clinics as defined in Section 1920 (f) of the State of California Health and Safety Code . The cost to the public shall not exceed that specified by the State. These clinics shall be for both dogs and cats and shall be held at least semi-annually in various geographical areas of the County. tit1e9\taskremk.wpd 16 of 26 9/13/9 000134 33 Chapter G . Animal Shelter and Impoundment of Animals 6 _ I Animal Shelter 6 2 Impoundment 6 - 3 Mandatory Alteration 6 - 4 Transportation of Impounded Animals 6 - 5 Animal Care During Impoundment 6 - 6 Veterinarian Determination for Injured Dog or Cat 6 - 7 Injured and Diseased Cats and Dogs 6 - 8 Notice of Impoundment 6 - 9 Redemption of Impounded Animals 6 - 10 Redemption Fees 6 - 11 Unauthorized Removal of Animal 6 - 12 Unredeemed Animals SECTION 6 - 1 ANIMAL SHELTER. For the purposes of this division, it shall be deemed that the County animal shelter refers to the facility located at 885 Oklahoma Avenue, San Luis Obispo. SECTION 6 - 2 IMPOUNDMENT. The Director or designee, is hereby authorized to'', take into custody and impound any animal other than livestock found in 'violation of this ordinance, and shall place all such animals taken into custody in the county animal shelter if the owner cannot be, uponli initial contact , identified and contacted and the animal returned home . It shall be the policy of the Division that officers in the field < f :=:`<< >> ::';;:>: ` s to their owners whenever return all animals, cz . :: :>;>::>;j::: possible, giving the `owner a** c tat ........ rather than ': transporting the animal to the shelter. SECTION 6 - 3 MANDATORY ALTERATION a . Owners of unaltered animals impounded a second time within a 12 month period shall be required to pay fees for, and have such animal altered prior to release to the owner. Said animal shill be transported by the Division directly to a local veterinarian of the owner' s choice for the appropriate surgical procedure. Direct payment; of the alteration fee shall be made to the veterinarian, by tho. Division, upon verification of sterility of the animal . b. The owner may request exemption from this''++ requirement upon presentation of a veterinary certificate stating that ''such surgery would adversely affect the animal' s health. C . The owner or authorized agent of an impounded unaltered animal being held for mandatory alteration following a second impound may appeal the action within the impoundment. waiting period, in writing, to the Health Agency (The waiting period shall be five'--( days for unlicensed/unregistered animals , and seven (7) days for licensed registered animals . ) The Health Agency " '-�'_ '_. . r 1recx, or a duly authorized designee shall schedule a hearing before 'ari' impartial hearing officer from outside the Division to decide if the animal (should be altered weighing the benefit to the public health, safety, and welfare of having the animal altered versus the specific factors relating to the animal and/or its owner including the animal 's age, and health and the owner' s reasons for not wanting the animal altered. tit1e9\taskremk.orpd 17 Of 26 uoo / 95, y i��. s n C SECTION 6 - 4 TRANSPORTATION OF IMPOUNDED ANIMALS . All animals taken into custody shall be humanely treated and transported in a timely manner to the shelter so as not to expose them h __ , to extreme temperatures . Vehicle replacements ea -h include more modern vehicles with temperature controls . SatelY` te kennels e e1 be provided throughout the County for temporary accommodations . SECTION 6 - 5 ANIMAL CARE DURING IMPOUNDMENT. During confinement, all animals shall be treated humanely and kept in sanitary facilities with adequate ventilation and proper temperature . They shall be given appropriate food for their age and species, and shall have fresh water available at all times . Medical and veterinarian attention shall be given when needed. No animal shall be left without food fu_- -n e --�a � ;:z! -ueurre as p state law SECTION 6 - 6 VETERINARIAN DETERMINATION FOR INJURED DOG OR CAT It shall be the duty of all animal services officers to cause to be conveyed all injured cats and dogs found without their owners in a public place directly to a veterinarian for determination of whether the animal shall be immediately and humanely euthanized or shall be hospitalized under proper care and given emergency stabilizing treatment . (See Penal Code 59 7f. ) SECTION 6 - 7 INJURED AND DISEASED CATS AND DOGS' When 'a dog or cat . taken into custody by the Division is so severely injured or diseased as determined by a licensed veterinarian that it would be inhumane to keep the animal impounded, it may be humanely euthanized by said veterinarian unless the owner or person entitled to custody of the dog or cat can be notified by the Division within a reasonable period of time to arrange and provide for medical care. The Division shall release such animal to its owner upon payment of the redemption fees and other charges as provided in this title. SECTION 6 - 8 NOTICE OF IMPOUNDMENT. The Director or designee, shall, within twenty four (24) hours following impoundment, attempt to locate owners of lost or impounded dogs or cats that are licensed or registered for a period of seven (7) working days, and five (5) working days for unlicensed or unregistered dogs or cats . This shall be done through public notice, personal phone notification (excluding answer machines or message services) , first class postal notification or other means of ensuring the owner is made aware of the circumstance. The Division shall make every attempt to identify the animal, including checking for personal ID tags, tattoos, micro-chip implants and any other means of identification. SECTION 6 - 9 REDEMPTION OF IMPOUNDED ANIMALS . a . Dogs and cats with current licenses or registrations shall be kept for seven (7) business days prior to considering them abandoned. Dogs and cats not currently licensed or registered shall be kept for five (5) business days prior to considering them abandoned and available for adoption. b. The owner of said dog or cat may, at any time before the time limit has expired, take custody of the animal during regular business hours at the shelter after paying appropriate fees as stipulated in the following section. tit1e9\taskremk.wod 18 of 26 9/13/95 000134, ;�S` c . The owner may request an impartial hearing by a hearing officer from outside the Division of Animal Services to be conducted in accordance with the guidelines of Section 4 - 16 , c andld. If the animal has been unlawfully taken into custody, it shall be ' returned to its owner without charge. SECTION 6 - 10 REDEMPTION FEES The owner or person entitled to the custody of an !impounded animal shall pay fees to the Division before such animal is released. a. License fee for an unlicensed dog. b. Impound fee. C . Board and care fees . d. Rabies deposit for dogs unless proof of rabieo vaccination can be produced. e . Spay/Neuter deposit unless proof of alteration can be produced. A portion of the impound fee shall be refundable: to the owner if the owner attends a Humane Education class on Responsible Pet Behavior and Ownership, to be conducted on a regular basis by the Division. SECTION 6 - 11 UNAUTHORIZED REMOVAL OF ANIMAL p It shall be unlawful for any person to remove any:, impounded animal from the animal shelter without the consent of the Director of Animal Services or designee. SECTION 6 - 12 UNREDEEMED ANIMALS . a. Impounded animals that are not redeemed within the prescribed period of time may be considered abandoned and becohme available for adoption. Animals may be adopted by private individual's upon payment of an adoption fee. A license fee and rabies vaccination', deposit are also required for dogs . b. All animals adopted from the shelter shall be spayed or neutered prior to adoption. The animal sh� t be transported to the veterinarian of the adopter' s choice by the Division, land the new owner may pick the animal up from the veterinarian following alteration surgery. C . Animals that are not adopted within a rea$onable period of time may be transferred to a humane organization lor breed rescue organization, or humanely euthanized as prescribed bylaw. d. The Division shall not sell, give away or transfer title of any ' dog or cat to any institution for the purpose of research or vivisection. e . If the owner of an impounded animal elects to abandon the animal, the owner shall be responsible for and shall pay the Division impoundment and boarding costs . tit1e9\taskremk.wpd 19 of 26 9/13/95 000134. � Chapter 7 . Animals At Large (Restraints) & Public Nuisance 7 - 1 Leash Required 7 - 2 Working, hunting and Show Dogs 7 - 3 Non-Spayed Female Dogs & Cats During Breeding Period 7 - 4 Dogs or Cats at Large - Trespassing 7 - 5 Private Individuals Finding Lost Animals 7 - 6 Duty of Division to Accept Abandoned Animals 7 - 7 Biting Dogs 7 - 8 Unnecessary Noise 7 - 9 Abatement of Noise or Nuisance 7 - 10 Disposal of Dead Animals 7 - 11 Livestock and Poultry at Large 7 - 12 Unsanitary Conditions 7 - 13 Feral Cats 7 - 14 Animal Waste Removal Disposal SECTION 7 - 1 LEASH REQUIRED. No person owning or having charge, care or custody of any dog shall cause, or allow the same to run at large upon any highway, street, alley, or other public place, or upon any private property or premises other than his own without consent of the owner or lessee of such land, unless such dog is restrained by a substantial leash and in the charge of a person competent to restrain such dog. An exception is if the dog is "at heel" beside a person and is obedient to that person' s command. ( also see SECTION 7 -_ 2 - Working Dogs. ) SECTION 7 - 2 WORKING, HUNTING AND SHOW DOGS . A working dog, performing acts such as herding under the control and supervision of owner or handler, shall not be considered as U nleashed while performing his duties . A hunting, obedience, tracking or show dog shall not be considered unleashed while performing in a formalized field trial, confirmation or obedience judging, exercise show, or when considered on duty and working as a hunting or tracking dog. SECTION 7 - 3 - NON-SPAYED FEMALE DOGS & CATS DURING BREEDING PERIOD. During the breeding period, non-spayed female dogs and cats shall be confined in a building or secure enclosure in such a manner that they cannot come into contact with other animals, except for planned breeding. SECTION 7 - 4 - DOGS OR CATS AT LARGE - TRESPASSING. Any dog or cat found at large on any private property in the County may be taken up by the owner or lessee of the property and delivered to the Division or detained on the property until taken into custody by the Division. SECTION 7 - S PRIVATE INDIVIDUALS FINDING LOST ANIMALS . Persons finding lost, stray, or stolen animals shall notify the Division by any means available within 24 hours after finding such animal giving pertinent information as to description and when and where the animal was found. The Division shall take such information and make it available to the public by a 24 hour hot line and other means . tit1e9\taskremk.wpd 20 of 26 9/13/95 000 4;. 37 SECTION 7 - 6 DUTY OF DIVISION TO ACCEPT ABANDONED ANIMALS . It shall be the duty of the Division to receive all animals believed to be abandoned by their owners . SECTION 7 - 7 BITING DOGS It shall be a misdemeanor for any person to permit or encourage any dog or other animal owned, harbored, or controlled by him to inflict upon any other human being a bite that penetrates the skin while the person bitten is on any public property or legallylupon any private property. The person may request that the Animal Services Officer initiate criminal proceedings against the owner or': harborer of the animal by submitting a signed written complaint . This section shall not apply to any police dog or law enforcement officer using a dog in his normal course of duty. SECTION 7 - 8 UNNECESSARY NOISE It shall be unlawful for any person to keep maintain or permit on any lot or parcel of land any animal, which, by any sound or cry shall disturb the peace and comfort of the l it t efthe n e or interfere with the reasonable and comfortable enjoyment of ;lire or: property. SECTION 7 - 9 ABATEMENT OF NOISE OR NUISANCE. A public nuisance shall exist when confirmed in writing by three (3 ) or more persons living in separate dwelling unitslin a neighborhood where any dog, cat or other household pet causes habitual disturbance of the peace . A habitual nuisance may include frequent, persistent, or long continued howling, barking, or other excessive noise, : or action that is in any other manner causing undue annoyance by reason of chronic leash law violations or unsanitary conditions. If the Division, through investigation, finds such public nuisance to exist, the Division shall serve written notice upon the owner or custodian that the public nuisance shall be abated or the owner shall be given a citation. If, after citing the owner, the issue is still not abated, the animal shall be impounded in a legal manner and held until the matter is settled. The Division shall present the results of the investigation of such nuisance to the officer ', responsible for prosecution within the jurisdiction wherein such nuisance is being maintained. SECTION 7 - 10 DISPOSAL OF DEAD ANIMALS. a. The owner of any household pet which dies shall dispose of the remains of such pet in a sanitary manner as prescribed by the Director within twenty-four (24) hours after the owner has knowledge of the animal ' s death. It is unlawful to allow the dead household pet to remain on any public property or on the property of another without permission of the property owner. b. It shall be the duty of the Division to take custody of all dead household pets from the owner when requested. A fee may be charged by the Division for such service . C . The Division shall be responsible for the disposal of all dead household pets whose ownership cannot be established': tit1e9\taskremk.wod 21 of 26 9/13/95 000134- V SECTION 7 - 11 LIVESTOCK AND POULTRY AT LARGE. No person shall allow or permit livestock or poultry to run at large upon any public street or place, or to trespass upon the property of another without the permission of the property owner. SECTION 7 - 12 UNSANITARY CONDITIONS . No person shall keep upon any premises, any animals, poultry or household pets in a foul, offensive, obnoxious, filthy or un-sanitary condition. SECTION 7 -13 FERAL CATS a. The Division shall be responsible for the control of the feral cat population on all public properties within the County when a nuisance is determined as per Section 7 - 9 or where the feral cat population poses a substantial threat to existing wildlife. The methods used shall, in all cases, be appropriate to the problem and shall be humane . b. The Division shall also give assistance, when requested, in controlling the population of feral cats on private property. Appropriate fees may be charged as set by the Board of Supervisors . C . Local humane organizations, with the assistance of the Division, in an effort to address concerns of public health and uncontrolled breeding with respect to feral cats, and to ensure the humane treatment of such cats, shall be encouraged to educate the public to the advantages of participating in a TTVAR (Trap, Test, Vaccinate, Alter, and Release) program. (1) Participants are encouraged to register with the Division as caring for feral cats. There shall be no fee for this registration. Such registration shall provide records of the colony to the Division for periodic review. SECTION 7 -14 ANIMAL WASTE REMOVAL/DISPOSAL It shall be unlawful for the owner or person having charge, custody or control of any animal to permit, either willfully or through failure to exercise due care and control, any such animal to commit any nuisance. by leaving its excreta, and to allow such nuisance to therefore remain on any public sidewalk, park or any other public property or on any improved private property other than that of the owner or person who has custody or control of such animal. It shall be the responsibility of the owner or custodian of any animal to ensure that any and all feces left by their animal is immediately removed and disposed of in a sanitary manner. This section shall not apply to physically disabled people with dogs . tit1e9\taskremk.wod 22 of 26 9/13/95 000134. 39 P Chapter 8 . Humane Treatment of Animals 8 - I Humane Officer 8 - 2 Humane Educator 8 - 3 Spay Neuter Program 8 - 4 Transporting Dogs in Motor Vehicles 8 - 5 Abandoning Animals 8 - 6 Poisoning Animals 8 - 7 Animals Struck by Vehicles 8 - 8 Humane Care of Household Pets 8 - 9 Cruelty and Animal Fights Prohibited 8 - 10 Outside Animals 8 - 11 Food and Water 8 - 12 Confinement of Animals in Vehicles/Enclosed Spiace 8 - 13 Euthanasia Statistics SECTION 8 - 1 HUMANE OFFICER There shall be a ��t�:fieaced Sta— fi� da,* >- Humane Officer for the San Luis Obispo County ivision of:�Ariinial Services . :..;:::. ::.;.:;;;<:;<:.,::::.;::::::<::::.:.:::::.::::::::::::...... ..... ., .......... . o all u ion the advice and G tzf "`f3€fe Said of icer may c P expertise :o f:>:,.-qualf- ed�`individuals from humane organizations, law enforcement, the veterinary field, and livestock gro14s . SECTION 8 - 2 HUMANE EDUCATOR a. The Division shall maintain at all times one staff member whose primary duty shall be to develop and conduct programs on Responsible Pet Ownership and Care, pet adoption, and the benefits of Sspaying and neutering operations. This program shall b',e coordinated with other animal welfare groups . Humane Education materials shall be made available to the public and disseminated through businesses, organizations, and the media. These programs shall be directed at all levels of the public, but a primary emphasis shall bei at the elementary school level . This staff member may also be the public; relations officer or the representative to the media when needed. b. Programs developed shall include, but not be limited to, the following: (1) Pet Population Problems (breeding v spay/neuter or euthanasia) (2) Advantages to spaying and neutering (3) Humane Treatment (4) Health care and disease prevention (5) Responsibilities of ownership (6) Care and feeding (7) Legal responsibilities (8) Breed characteristics and behavior training SECTION 8 - 3 SPAY/NEUTER PROGRAM a. The Division shall initiate a spay/neuter program in cooperation with cities, humane organizations, the local veterinary practitioners, and the private sector within the County. It shall stress the importance of pet population control . Pre-pubertal spay/neuter shall be encouraged of all pet owners . This shall, in all uses, be considered to be before six months of age in both males and females . b. The Division shall have all shelter animals altered prior to adoption. They may participate with the new owners by transporting the tit1e9\taskremk.wpd 23 of 26 9/13/95 0 00134.'Y/TV animals to the veterinarian of the owner' s choice for alteration. The release of the animal to the new owner would then be by t veterinarian. This would also provide a general health check-up prior surgery and would also give an opportunity for vaccinations . SECTION 8 - 4 TRANSPORTING DOGS IN MOTOR VEHICLES It shall be unlawful to transport a dog in any motor vehicle upon any street or road within the County unless such dog is fully enclosed within the motor vehicle or is protected by a harness, cross-tether, cage, container or other device that will prevent the dog from falling, jumping or being thrown from the motor vehicle, as per the California Vehicle Code 23117 . This section shall not apply to the transportation of a dog for purposes associated with ranching or farming while crossing a public road to access adjacent property. SECTION 8 - 5 ABANDONING ANIMALS It shall be a misdemeanor to abandon any animal, dead or alive, within the County. SECTION 8 - 6 POISONING ANIMALS It shall be unlawful to place, leave, or expose, in any place accessible to any domestic animals with the intent to kill or harm such animals, any poisonous substance or ingredient, or any edible or any other substance which has in any manner been treated or prepared with any poisonous substance or ingredient. SECTION 8 - 7 ANIMALS STRUCK BY VEHICLES Any person who, as the operator of a motor vehicle, strikes domestic animal shall render sueh assistance as ffiay be pessible ^ ­' <; rt:> e >ss and shall immediately report such injury or death totfie an mal'­s'.. owner. In the event the owner cannot be ascertained and located, such operator shall attempt to obtain emergency care for the animal and at once report the accident to the Division of Animal Services . SECTION 8 8 HUMANE CARE OF HOUSEHOLD PETS No owner of any household pet shall fail to provide his or her pet with sufficient wholesome and nutritious food, water in sufficient quantities, proper air, shelter space and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment . SECTION 8 - 9 CRUELTY AND ANIMAL FIGHTS PROHIBITED No person shall beat, cruelly ill-treat, molest, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between_ animals . Trained working/herding dogs, while working in the normal course of their duties of herding livestock, shall not be considered combative . SECTION 8 - 10 OUTSIDE ANIMALS Any animal habitually kept outside or repeatedly left unattended outside shall be provided with a _ _ _ seund, . wind pi-eef shelter large enough to accommodate and keep the anim reasonably clean, dry and comfortable . This shall exclude livestoc* except when the animal is tethered. tit1e9\taskremk.wod 24 of 26 , SECTION 8 - 11 FOOD AND WATER . No person shall withhold water or food for an unreasonable period of time abut in ne e-ire efer c eL-e-ahan 1=2—hul-s fe e'c-h feed and '- from any animal unless the food or water is withheld 'for the benefit of the animal and authorized by a veterinarian, or is, allowed by State and/or Federal law. SECTION 8 -12 CONFINEMENT OF ANIMALS IN VEHICLES/ENCLOSED SPACE. .: It shall beer . � c�eznea��r to leave any animal confined in a vehicle or other confined space without adequate ventilation/shelter, or in such a way as to subject the animal to extreme ';temperatures which may adversely affect the animal' s health and welfare'. In the event any animal is so confined, authority is hereby given to',: the Director, all animal services officers, or any law enforcement officer to enter such vehicle/space by whatever force is necessary to release the animal without liability upon the County or any person for' resulting damage . For purposes of this section. tethering shall constitute confinement . SECTION 8 -13 EUTHANASIA STATISTICS. The Division shall keep statistics on the number of animals euthanized by sex and by species on a monthly and yearly basis . Statistics shall include the reason for euthanizng, and shall be maintained for a period of at least ten (10) years '!. This information shall be sent to all veterinarians, pet shops, boarding establishments, grooming parlors, humane organizations, and the media, both print and electronic, on at least a semi-annual basis . Copies shall also be available at all times to the general public upon request . I tit1e9\taskremk.wpd 25 of 26 9/13/95 000134, ,��L Chapter 9 . Synopsis, Review and Severability 9 - 1 Title Nine Synopsis 9 - 2 Ordinance Review 9 - 3 Severability SECTION 9 - 1 TITLE NINE SYNOPSIS. The Division of Animal Services shall prepare a synopsis of Title Nine and the minimum requirements for compliance with the Title . This shall be sent to all owners of dogs at the time of licensing. It shall also be provided to all veterinarians, pet shops, boarding establishments, grooming parlors, humane organizations, the media, both print and electronic, and to any group or individual requesting same. It shall be the duty of individuals or groups who sell, adopt, or give away any cat or dog in the County to provide a copy of this synopsis to the new owner. SECTION 9 - 2 ORDINANCE REVIEW. This ordinance shall be reviewed at least every two years at a public hearing of the Board of Supervisors . SECTION 9 - 3 SEVERABILITY. Should any portion of this ordinance be declared unconstitutional Or invalid for any reason by a court, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance : tit1e9\taskremk.wod 26 Of 26 0001 95 M, '�� COUNTY OF SAN LUIS OBISPO OFFICE MEMORANDUM TO: GAIL WILCOX DATE: September 28, 1995 Analyst, County Administrative Office FROM: Office of County Counsel SUBJECT: Proposed Animal Regulation Ordinance I am writing in response to your September 25, 1995, requestto provide an updated- legal analysis of the Citizens' Task Force proposed animal regulation ordinance with Board of Supervisors' revisions. We have also prepared and att4ched a draft ordinance which places the revised Task Force proposal in proper ordinance form with appropriate title, chapter, and section numbering. You should also be aware that the ordinance, because it creates a new fee, will require a noticed public hearing. Notice should be given in accordal ce with the provisions of Government Code section 6062x. What follows is our updated,legal review. Section 9.02.010(nn)', definition of "State Certified Humane Officer," should be deleted since the Board of Supervisors revised section 9.08.010 to delete reference to and applicability of such an officer. ' In this memorandum,we wt11 use the chapter and section numbers frotat the attached draft ordinance. These numbers correspond to the numbers of the Task Force proposed ordinance; as . examples, Chapter 9.02 corresponds to Chapter 2 of the Task Force ordinance and section 9.03.010 corresponds to section 3-1 of the Task Force ordinance. 000134. GAIL WILCOX Re: Proposed Animal Regulation Ordinance September 28, 1995 Section 9.03.050 contains the wrong authority for citation power. "California Civil Code section 607(g)" should be replaced by "County Code Chapter 1.08 and other applicable laws." At the end of section 9.03.070, there appears in parentheses "PC 146a." Since section 146a of the California Penal Code deals with arrests or searches by a person impersonating an officer of any state department of California and is not applicable to County officers, "(PC 146a)" should be deleted. Section 9.03.140, second paragraph, suggests that animals over four months of age may be offered as prizes in a lottery. Lotteries are made illegal by section 319 et seq. of the California Penal Code; therefore, the word "lottery" should be deleted. Section 9.03.030 relabels the legally correct term of "Public Pound" to an alternative "Animal Shelter." As recommended in our earlier memorandum of February 24, 1995, a sentence should be added that "Animal Shelter" is a public pound in accordance with Government Code section 25802.2 Section 9.04.140(b) requires the issuance of a Hobby Breeding Permit at any residence where there is a litter of puppies or kittens. As observed by our memorandum of February 24, 1995, section 9.04.150 contains language that businesses ',within each governmental jurisdiction" are in some manner subject to the County ordinance code regulation. It is again our recommendation that 2 This clarification could also be added to section 9.02.010(k), the definition of"County Animal Shelter." -2- 0001'34, 'E r GAIL WILCOX Re: Proposed Animal Regulation Ordinance 0 September 28, 1995 this be deleted since County ordinances only apply to the unincorporaled areas. Contracts with the seven cities in the County provide that the cities will adopt local ordinance codes consistent with and not in conflict with the County Code. The County (even though the Department of Animal Regulation may provide services to a city) has no authority to control licensure, permits, or business operating practice within other jurisdictions. Section 9.05.140 refers to Health and Safety Code section 1920(f), and states that the cost to the public shall not "exceed that specified by the State." We recommend that the actual statutory language be used which is, "No charge in excess of the actual cost shall be made for any one vaccination at a clinic." Chapter 9.08 of the proposed ordinance seeks to regulate the?treatment of animals in an humane manner. Sections 9.08.040, 9.08.050, 9.08.060; 9.08.080, 9.08.090, and 9.08.110 appear to duplicate existing California statutory provisions. As we advised in our memorandum of February 24, 1995, these provisions are subject to legal attack because they appear to duplicate state law. The police power granted by Article XI, Section 7 of the California Constitution is the power to pass ordinances "not in conflict with general laws." One way that a local ordinance may "conflict with generals laws" is where that ordinance prohibits the same act or acts which are forbidden by state law. This is what these sections appear to do. The reason that a conflict'is said to exist where an ordinance duplicates state law, is that a conviction under the ordinance will operate to bar prosecution under the state law for that same offense. A county could theoretically -3- GAIL WILCOX Re: Proposed Animal Regulation Ordinance September 28, 1995 pass ordinances covering similar offenses and might even provide for a greater punishment than the state statute if the offense is not precisely the same as that defined by the statute. In re Borah (1949) 92 Cal.App.2d 826. However, these proposed sections do not appear to expand or limit the corresponding state laws. As we have stated in our earlier memorandum, "in the new proposals advanced by the Title 9 Task Force as Chapter 8, a series of State Penal Code sections are sought to be replicated by the Ordinance Code. Such an attempt very probably results in invalidity because of the proposition set forth concerning the conflicts between the County Ordinance Code and state law:" The following state laws appear to be duplicated by these Task Force Ordinance provisions: (a) Section 9.08.040 appears to substantially duplicate California Vehicle Code section 23117. (b) Section 9.08.050 prohibits abandoning animals whether "dead or alive." It duplicates at least that provision in Penal Cade section 597(s) which forbids willful abandonment of a dog or a cat. (c) Section 9.08.060 reflects the prohibitions contained in Penal Code section 596. (d) Section 9.08.080 appears to seek to replace or limit by ordinance those provisions of Penal Code section 597.1. (e) Section 9.08.090 reflects the prohibitions within Penal Code sections 597(b), 597b, 597m, and 597.5. -4- 000134. '4�7 GAIL WILCOX Re: Proposed Animal Regulation Ordinance September 28, 1995 (f) Section 9.08.110 appears to reflect the provisions of Penal 'Code sections 597e and 597t. That portion of section 9.080.120 which confers immunity upon an officer who destroys private property may not be legally supportable. As stated in our memorandum, of February 24, 1995, "the extensive treatment of immunities in state ''flaw seems to preclude regulation by County ordinance" since it appears to be an atea preempted by state law. Very truly yours, JAMES B. LINDHOLM, Jl�. County Counsel QBty: oPaulDaly ty County Counsel JPD:mja Attachment 0682mja6.mmo/PAN -5- OuU134. �Ioo REPORT TO CITY COUNCIL MeetinJ Date: 10/10/95 CITY OF ATASCADERO Agenda Item: Through: Andy Takata, City Manager From: Bradford Whitty, Finance Directs SUBJECT: Request for $35, 000 pledge to the Friends of thre Library to be set aside as a certificate of deposit, dlesignated for Atascadero Library Expansion. RECOMMENDATION: Staff recommends Council approve the establishment of a certificate of deposit to be held by the City of Atascadero with interest accruing to the City until such time that the Friends of the Library requests the funds for payment of Library construction costs. BACKGROUND: The City Council in 1990, set aside $35,000 of General Fund Reserves to help pay for the future expans�on of the Atascadero Library. The motion carried with the stipulation that the monies would be made available when the County of San Luis Obispo made matching funds available. The county recently purchased an adjoining arcel for the expansion of the library. The county expendeg approximately $150, 000 for the adjacent parcel. Therefore, the County feels that it has met the requirement that was stipulated in 1990. DISCUSSION• Since the original staff report was presente4 'to Council on September 26, 1995, staff has had additional discussions with the president of The Friends of the Library regarding their request for the funds held by the City of Atascadero. To ensure the money was truly set aside and would be available for the eventual expansion construction of the library, it was agreed that establishing a Certificate of ' Deposit would provide a higher level of safety for those 'pledged funds. Also, the City would not be faced with an '''unappropriated expenditure in this year' s budget. Additionally, the City would still be earning �nterest on the money until such time the Construction procejss begins, and rig the funds are statement showi `' there would be a periodic bank available. 'owl3b DISCUSSION (Continued) Provided with this staff report is an unaudited treasurer' s report on the balance of The Friends of the Library monies as � . of September 13, 1995. FISCAL IMPACT There is no fiscal impact from establishing a Certificate of Deposit in the amount of $35,000. Friends of the Library of Atascadero '' Treasurer' s Report for September 13, 1905 Checking account balance $ 3,477. 36 Savings Accounts: Union Bank CD 75,246. 10 Wells Fargo CD 24,797.65 Wells Fargo Savings 501.63 Mid-State Bank CD 11,000.00 Santa Lucia Nat'l Bank CD 11,000.00 Ca1Fed Account CD 79,961.31 Total Cash Available $205,984.05 *Source: Figures above were prepared from Treasurer' s Report Submitted by Ellen Bair, Treasurer for The Friends of the Library. • • 000137 ��Ea irta /'1VeGhtii!'t , ._�.- WE1OZ10/95 frEM# C-3 San"Lu les Obis oO nc11 of . Ovcrn en - Arroyo Grande Regional Transportation Planning Agency Atascadero Grande Regional metropolitan Planning Organ'zation Morro Bav Paso Robles Pismo Beach Congestion Management Agency San Luis Obispo San Luis Obispo County September 15, 1995 Andrew, Takata, City Manager 1S.ILI City of Atascadero 6500 Palma Ave. Atascadero, CA _93422 Subject: Resolution of Support for the Establishment of the Regional Network Consortium Dear Mr. tea: In conjunction with our agency's efforts to facilitate electronic com unications, we have been meeting with city and county staff,- as well as school district .Cuesta College, and ! Cal Poly personnel and other interested parties to discuss options for coordinating efforts to establish and improve .electronic data capabilities and connections. As a result:of these meetings a steering committee was established to define a d organize a plan,of action to facilitate increased:electronic .accessibilit}r for he resid nts; businesses and agencies within-San Luis Obispo County. The formation of a "Regional Network Consortium"•is proposed as a means to assist agencies -in their development of electronic networks. The Consortium is intended to foster greater connectivrhl,among urisdictions,schools, and state and federal agencies. This network will provide a-forum allowing organizations to collaborate, in the most cost - effective fashion,. on systems,_that will expand their resources. r -the technical and business'advantage of the community as well as Jolter :improv d public_ access and, participation. The attached Mission Statement describes the fra ework for this effort. The Steering Committee is recommending that each agency wit in the county.adopt a resolution of support for the Regional Network Consortium see attached model 'Resolution). The first meeting of the Consortium is scheduled for ovember 15th at 2PM . in the San Luis Obispo City/County Library Auditorium to allow t me for jurisdictions to consider adoption of the resolution prior to that date. NETLTR2.APR .. '000138 1150`Osos�St.,.Su to 202,San Luis Obispo, CA..93401 TeI. (805)78 -4219 Fax. (805) 781-57Q3 ♦ The project is proposed as a collaborative effort. Agencies that have been°active participants include: 6 City and County Governments Arroyo Grande Atascadero Grover Beach Morro Bay Paso Robles Pismo Beach San Luis Obispo San Luis Obispo County Educational Institutions Cal Poly SLO County Superintendent of Schools Cuesta College Coast Union/Cambria/Cayucos San Luis Coastal Unified Atascadero Unified School District Paso Robles School District Templeton Schools i Lucia Mar School District Community Oroanizations Nipomo Area Advisory Committee SLO Chamber of Commerce Consortium for Community Media SLONET Please notify us of the meeting date and time when your agency will consider the Resolution of support. Members of the Steering Committee are more than happy to assist in presenting this concept to your governing board. We can also provide-a draft staff report on the issue if you are interested. I am very confident that this effort will result in improved services and overall reduced costs for your agency. Thank you in advance for your support. If you have any questions or would like additional information please call the Consortium Liaison Steve;Devencenzi at 781-4562. Sincerely, r Ronal DeCarli Executive Director NETLTR2.APR 000138, REGIONAL NETWORK CONSORTIUM Working Together Today for Better Networks Tomorrow MISSION STATEMENT Who are we? We are a voluntary association of government agencies in San Luis (Obispo County working together in making information infrastructure improvements that will help each organization better meet its technology needs. What do we stand for? Virtually every government agency operating in San Luis Obispo County has plans - formal or informal - for using information technology to achieve important ''organization-wide goals such as improving productivity, customer service, community involvement in civic affairs and public access to information. And in almost all cases, these plans rarquire reliable and cost- effective information technology infrastructures that allow electronic communications between remote sites within their own information systems as well as with others. j The purpose of the Consortium is to create a forum where information technology plans can be shared and solutions identified that will either help make possible through collaborative efforts what no one agency could achieve alone, or result in more efficient and cost-effective S solutions for everyone. How does the Consortium help accomplish this? The Consortium helps bring about better regional networks and electronic connectivity by: ■ Providing an ongoing forum for public agencies to share theirplans with each other and in turn identify solutions that can mutually benefit each of them in terms of better service or lower costs. ■ Sponsoring workshops to keep member agencies current on new networking products, services and trends. ■ Providing staff from smaller organizations with opportunitieys to discuss needs and solutions with staff from larger, more technologically sophisticated organizations. ■ Developing technical standards and guidelines for communications hardware and software for use by agencies on a voluntary basis. ■ Working closely with private sector service providers like Pacific Bell and Call America as well as community-based organizations like SLONET, United Way, Chamber of Commerce and the Nipomo Area Advisory Group in identifying ways of improving regional networks and overall electronic connectivity. 000138; t ■ Maintaining a directory of information technology contacts from member agencies, g private sector organizations and community-based groups. ■ Assisting in coordinating efforts to obtain funding that may be available for improving regional networks through the National Telecommunications and information Assistance Program or similar grant programs. What the Consortium isn't. f The Consortium is not another layer of government: it does not act independently nor review or approve plans and activities of other agencies. t Each agency already possesses the ability to cooperate with othergovernmental agencies or private vendors in joint projects and programs that mutually benefit them. What each agency does not currently possess is knowledge about what other agencies are doing (or planning to do) where collaborative efforts would result in a better product or lower costs. In short, the Consortium solely exists to help agencies put together joint projects when it makes business sense for each of them to do so by providing a forum for sharing plans so that areas of mutual interest and benefit can be identified. How does an agency become a Consortium member? Every governmental agency doing business in San Luis Obispo County - a city, state agency, special district, council of governments, joint powers authority, the County - is already by definition a member of the Consortium. However, benefits from membership can only be obtained by actively supporting - and participating in - Consortium activities. i P f { 2 E GACOMSATUMRES 000138..3 RESOLUTION NO. 104-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUPPORTING PARTICIPATION IN THE REGIONAL NETWORK CONSORTIUM WHEREAS, Effectively using information technology ,can help achieve key organizational goals of improving productivity, customer, service, community involvement in civic affairs and public access to information; :,and WHEREAS, Developing reliable and cost-effective information technology infrastructures is essential in allowing electronic communications between remote sites within our own information systems as well as with other public and private sector organizations; and WHEREAS, Collaborating with other governmental agencies in San Luis Obispo County can result in more efficient and cost-effective ways of developing regional networks and information technology infrastructures; and WHEREAS, Implementing joint solutions requires a way of identifying and sharing plans with other agencies, which is the purpose of '',the Regional Network Consortium as set forth in Exhibit A attached hereto; and NOW, THEREFORE, Be it resolved that the City Council of the City of Atascadero supports participation in the Regional Network Consortium. ON MOTION BY Councilmember , seconded by Councilmember the foregoing resolution is hereby adopted on the following roll-call vote: AYES: j NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ATTEST: GEORGE P. HIGHLAND, Mayor LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 0001.36,y REPORT TO CITY COUNCIL Meetifng Date: 10/10/95 CITY OF ATASCADERO Item #: Cf� Through: Andrew J. Takata, City Manager From: Michael P. McCain, Fire Chief SUBJECT: Replacement of four wheel drive brush fire engine. RECOMMENDATION: Adopt Resolution No. 94-95 authorizing a lease/purchajse agreement with Master Body Sales & Service, Inc. for a four wheel drive brush tire engine. BACKGROUND: The Atascadero Fire Department equipment replacement program schedule shows that the existing four wheel drive brush engine (B-9) is now four years over its replacement date. Increasing maintenance costs, vehicle safety standards and dependability all indicate it is time to replace this engine. The Fire Department has two brush fire engines. These engines ar not only our first line of defense against wildland fire, they are also invaluable dluring disasters such as earthquakes or flooding. These brush engines are capable Of maneuvering into areas where our conventional engines can not. DISCUSSION ANALYSIS: We have been searching for the best replacement engine at an affordable price. The California Department of Forestry has produced an outstanding new engine which took many years of research and development. We can piggy-back on the State bids through Master Body Sales & Service. If we order now, we can obtain the vehicle by the middle of next fire season. FISCAL IMPACT: Annually,the Fire Department Development Fee Fund amounts to approximately $45,000. The total cost of the fire engine is $150,000. Staff'' is recommending a five-year lease/purchase plan with annual payments of $36,000 to be paid out of the Fire Department Development Fee Fund. Attachments: Bid Results/Memo from Staff Resolution No. 94-95 V010133 E MEMORANDUM s DATE: September 27,1995 TO: Michael P. McCain, Fire Chief FROM: Roland H. Snow, Fire Captain SUBJECT: Purchase Bids on the brush engine Four fire apparatus manufacturing submitted bids on the brush fire engine. International Navistar 4900 chassis with MD 3560 Allison transmission, 500 GPM hydrostatic driven fire pump, 500 gallon water tank. foam proportioning system. West-Mark $148,377 Delivery Spring 96 * Master Body $149,393 Delivery June 96 G. Paoletti Co. $152,800 Delivery 24 Months HI-Tech Fire Vehicle $169,177 Delivery 18 Months I recommend Master Body bid of $149,393. Their apparatus is built on a 152 inch wheel base which provides a shorter turning radius and is more maneuverable. The other bidders engines are on 160 inch wheel base. Master Body also can deliver their engine by next fire season. 000140 MEMORANDUM DATE: January 28,1994 TO: Chief McCain FROM: Captain Snow, Maintenance Coordinator SUBJECT: Brush-9 As you are aware, Brush-9 was originally designed in 1968 ';by the Fire Protection District and built in 1970. In it's time Brush-9 was an advanced and innovative piece of firefighting equipment. However, many years of off road driving on steep and rough terrain, combined with it's aged condition have made it a safety and maintenance liability. The fact that it does not meet safety standards by either NFPA 1500 nor OSHA ( open cab, no roll bar and tailboard standing for firefighters) and' increased maintenance costs are clear evidence that Brush-9 is beyond its useful life. I. Some of the increasing maintenance problems is that the water tank has started leaking near the top of the tank. The leak is located at stress points which are very difficult to repair. In addition, there'; are indications of deep rust in the tank wall which will require major repairs. Pipe and plumbing fittings are also showing corrosion and rust. The repairs will require many hours of labor and replacement parts. The H.P. engine fuel pump broke. No replacement part was I'available. Luckily, we were able to adapt an electric fuel pump to replace the worn out part. In a vehicle this old, we offen have problems finding parts and replacement equipment. Many times we have had to manufacture our own parts. This, of course, takes extra man hours. We can expect mechanical breakdowns whenever Brush-9 is used for any length of time. It is my recommendation to take Brush-9 out of service before next fire season. 000141. p V) N Y " O yr O 6 O ti N > W W J W :D N � e D a to in W m Q 40 > 1 d m z ^ Q N J m H J LO 0 LOJ Q !- l7 L� C) (� U O� F i,:l.:11:.1:1FL.Lr.1:1: ' L� :1:1:1.r.1:1 U U .1 E3 :I:t:x:.1:1:1 In m ® ~ r a . ,`.`, ® 0 U J L� CD (VU c -! _ w N . . a O `♦ s Q t " . ® Lr_ � Li poi 1:1:1 f U :1:1: L. NV 1:1:1N :1:r ULn1:1: u:1: OEX 1:1::1:1:x.1:1:1:1:.1 Q O. 1 L` ' L � U 00©342 RESOLUTION NO. 94-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MASTER BODY SALES & SERVICE, INC. TO LEASE-PURCHASE ONE FOUR WHEEL DRIVE BRUSH FIRE ENGINE WHEREAS, the City Council of the City of Atascadero has determined that a true and very real need exists for the acquisition of the property described in the Attachments presented at this meeting and that the use of the property is essential for proper, efficient, and economic operation; and WHEREAS, the City Council of the City of Atascadero has(taken the necessary steps, including any legal bidding requirements, under applicable law to arrange for the acquisition of such property; and WHEREAS, the City of Atascadero is authorized and directed to fulfill all obligations under the terms of the Lease Application; and THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero, designates and confirms the following person(s) to execute and deliver, the Lease Application and any related documents necessary to the consummation of the transaction(s). NAME TITLE SIGNATURE 1 . George P. Highland Mayor AND/OR 2. Andrew J. Takata City Manager AND/OR 3. Bradford Whitty Finance Director On motion by Councilperson and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: 000143 Resolution No. 94-95 Page 2 AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney '000144 E REPORT TO CITY COUNCIL Meeting Date: 10/10/95 CITY OF ATASCADfRO Agenda Item: C-5 Through: Andrew J. Takata, City Manager From: Lee Price„ City Clerk SUBJECT: Final Adoption of the Trip Reduction Ordinance RECOMMENDATION: Adopt on second reading Ordinance No. 295. 000145 s REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B- 2 i From: Andrew J. Takata, City Manager Meeting Date: 9/26/95 SUBJECT: Trip Reduction Ordinance (TRO) adoption per Congestion Management Program requirements. RECOMMENDATION: That the City Council introduce Ordinance No. 295 and adopt it on first reading by title only. BACKGROUND: The San Luis Obispo Council of Governments(SLOCOG) is the designated Congestion Management Agency (CMA) for the region. State law section 65089 requires that each local jurisdiction in the region adopt a TRO in order to continue receiving certain transportation revenues. The region's adopted 1994 Congestion Management Plan (CMP) specifies how the region will accomplish this requirement. SLOCOG is required to determine compliance with these provisions by December, 1995. In May, 1995 the San Luis Obispo Air Pollution Control District (APCD) adopted Rule 901, the employer-based TRO that is integrated into the CMP to serve as the region's ordinance. Each jurisdiction may now adopt Rule 901 to meet the CMP requirements. DISCUSSION: The APCD has adopted an employer-based trip reduction rule that requires employers of 100 or more employees to conduct an annual commuter survey and appoint an Employee Transportation Coordinator. The survey will provide a certain ratio of people to cars, or Average Vehicle Ridership (AVR) of the people that travel to work between the hours of 6:00 a.m. and 10:00 a.m. Based on the AVR survey, employers may be required to submit a 'plan to increase carpooling, transit usage, bicycling or other alternative transportation modes. Since this regionwide trip reduction ordinance is now in place, each jurisdiction may rafity Rule 901 by local ordinance. (Jurisdictions have always had the option of developing their own ordinance for their city.) Prior to the APCD's approval of Rule 901 , each jurisdiction was required to develop a local ordinance in order to retain certain gas tax and Surface Transportation Program funds. The attached ordinance has been crafted to meet the compliance requirements for the CMP. FISCAL IMPACT: Since Rule 901 is regionwide, funded with vehicle registration fees: and staffed b th 9 y e Air District, ratification by our City Council will have little budgetary impact, if any, for the purposes of complying with the CMP. AJT:cw Attachments: Ord. No. 295 Letter from Ron DeCarli, dated 8/11/95 APCD Rule 901 2 ORDINANCE NO. 295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING TRIP REDUCTION MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 & 65089.3 WHEREAS, In June 1990 California voters passed Proposition 111 which increased the gas tax and created Congestion Management Agencies with certain requirements for receiving increased transportation revenues; and WHEREAS, The San Luis Obispo Council of Governments (SLOCOG) was designated the Congestion Management Agency and required to develop a Congestion Management Program (CMP) including a Trip Reduction and Travel Demand Element; and WHEREAS, The Trip Reduction and Travel Demand Element must promote alternative transportation methods, such as carpools, vanpools, transit bicycles, walking, park-and-ride lots, parking management programs; and WHEREAS, The County and every city in the county is required by state law to adopt a Transportation Demand Management Ordinance as an important element of the Congestion Management Program to improve both congestion and air quality; and WHEREAS, SLOCOG must annually determine whether the County and Cities within the County are conforming to the CMP, including the requirement to adopt and implement a TDM Ordinance; and WHEREAS, The adopted CMP for the San Luis Obispo region allows each jurisdiction to ratify an existing Employer-based Trip Reduction Ordinance adopted by the Air Pollution Control District (APCD) to comply with the provisions of the Congestion Management Program; and WHEREAS, This ordinance is intended to comply with the CMP's requirements for a TDM Ordinance; and WHEREAS, The APCD adopted an employer-based trip reduction rule known as Rule 901 on May 24, 1995; and WHEREAS, The requirements of the APCD (Rule 901) Trip Reduction Ordinance are separate from this ordinance, and fully administered by the Air District; NOW, THEREFORE, The City Council of the City of Atascadero ordains as follows: The provisions of Rule 901, as adopted by the Air Pollution Control District • VOT4t� Ordinance No. 295 Page 2 of 2 on May 24, 1995, a copy of which is attached hereto and incorporated by reference as Exhibit A, shall hereby become an ordinance of this jurisdiction. INTRODUCED AND FIRST READ, at a duly called meeting pf the Atascadero City Council held on 1995. PASSED AND ADOPTED this day of 1995 by the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO ATTEST: _ GEORGE P. HIGHLAND, Mayor LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000149 s , REPORT TO CITY COUNCIL Meetin Date: 10/10/95 CITY OF ATASCADERO Agendia Item: C-6 Through: Andy Takata, City Manager From: Bradford Whitty, Finance Director— . SUBJECT: 4 u Finance Director's report for the twelve months ending June 30, 1995. RECOMMENDATION: City Council receive this report, review and accept. BACKGROUND: The purpose of this report is to communicate a financial picture to the public and City Council. These reports are also a tool to facilitate thoughtful questions into the City' s financial condition. DISCUSSION• The statements for June represent 100% of the fiscal year. t The first statement shows actual revenues versus expenditures with the net position for the fiscal year- The second statement compares budget to actual with, year-to-date percentages. Keep in mind that some funds have seasonal fluctuations in their revenues and expenditurles, thus their calculated percentages may not coincide with the calendar percentage. The next statement attempts to correct for the fluctuations by comparing actual amounts between two fiscal years. The fourth report illustrates the 'Unaudited fund balance. The fifth report is a new report which illustrates money borrowed between funds. The last report shows the outstanding accounts receivable that have beebn generated by the City. General fund revenues are $109,060 below last year-to-date actuals. General fund expenditures are $85, 72 above last year-to-date actuals. The General fund shows a $(47,025) loss for the year which includes a $155, 000(rounded) extraordinary loss from the ' Orange County Bankruptcy. There is an additional $477,452 in expenditures if it is determined that the interfund loans cannot be repaid in a timely manner. This would bring the General Fund loss to $(524,4, 7) . No storm related expenditures have been reimbursed by ,FEMA/OES as of the preparation of this report. 0350 Page 2 The notes to the reports convey additional information regarding the City's financial -condition. Please refer to those notes. As stated -in previous reports to council, the City must focus on two major issues in order to correct its current problems. The City must cut expenditures and must raise revenues. If neither of these happen, the City will not be successful in correcting the problem. It is expected that the City will receive another going concern in the audit report for the 1994-95 fiscal year. 000151 T!e r+4 i v or Ai fi,c.�:gAP_.-r it FINANCIAL. REP^nT �1,nai i t et; Twelve Months Ended June 30 ; 19;5 10, T of t h Ye REVENUES EXPEND I Ti_;RE.s''', I N^C_MEI YTIL-) Ar ;Ar r ��mn AnmrIAI S /L� � ir „_.Tr,11.L••J yrr n�.� U-MI,._ t , ^eneraiFund cr�_ L23tr "'i) . �q 7 14 . 0-101 , 5,_5_,1 c . rte , r., , , t , 1 Cress Tax aA9 ; ?15 5,^9 ; "9A ( 60 . '9 moo Operations 210 ; (1172 253 ; 369 (=*' . _ _7 Dial-A-Ride 382; (1139 384 ; 861 { 2 , 822► fi.stewa.ter : . (,00 , 16" 1 ; 341 ; 395 ' 25' , 231 } Lake Pavilion "0 38L 54 "'02. ( 14 , 315 ) Aquatics31 . 947 3` . :,51 ( 3 . 604 ; Recreation 406 ; 969 456, 432• (49 ; 4F3 ; Tree Planting mrss+ 6, 918- o 061 1 , 1, 3 ;t Sidewalk Trust C811 9 . 9r A (4 . 0921 Emerger,c v SerL i ces 12 . 413 16 ., 154 Police m.1 a 1I . ng 9c.r 1l L0 ; 7,,n _1 1 n7 A A Lj + .T.+ ^Ot C t O ,9 1 �A t'i Tt e.e U n L a.t-e)m e_1 t- i r_ w_,,S�!, - A L , A/1r ` i Com•L._, i A'1.1. +!3 — Marchant j ; a6i�i L ; 21i3 �i; fr F A.D. "4 — ta.yu os/S sp t r ^n n' 1 ,7n ;3 . A i�: D. Chandler na.ndler L.T3 ,, (.. ; , 6, , ; A59. . - 7(11 . c 1 r . 6 Camino Real 2,S3 4 74l L. A :7 - Las Encina-s,/3-F LL• L_ L•�: Debt Service 1 `n . 490 200; 490 ( $0 . 0(111 l ^apital projects 618 . 518 6(11 ; 573 16; 945 Police Impact Fees t ` ^ , 093 '3` A 0 L 3 a_ i �, d, Fire Impact Fees 57 -,586 ^ r>'S 11 ( 15 949 } Park Impact. Fees 47 . 695, �n t-r r^ '1')n Drainage Impact Fees 50 ; 6.14.' 103512 ( 52. 89.°, 1 A . a. A ^1 L ! _,mfipo -Tecorida Fees 29 ; 886 6 . A . 16 . 5861 Public Works 82; 978 101 ; 709 A '17 � 04C 1z A t O 1 St . ;saint . Districts 3 ; -,� , 8 ;.,4 r TDA/Non-Transit 22222 12? ; 761 j ( 105 ; 540; Sewer Facility Capital 508 , 140 418 ; 819 89 ; 321 'Camino Real Construction 1151788 262; 6`3 ( 1467866} La.s Encinas Constrtic,t.ion 88 , 256 9` ; 354 ( 7 . 0621..1 3-F Meadows Construction 43; 723 187601 25 ; 122 can+a Rosa_ A.T" .41 ; 5831 0 AI - 583 city Q Oo (ern n n An no /10 Total 1.al city Fund 1L;-.9�G; i/ttr 000152 The ..1_11 tF o I A+ascaadern FI1vAN,C I- AL REEPC.RT �L;na.udi te.., ; 0 Tavelve Months Ended June 1-01 1995 iC^0r.° 7f t 'e Year nT;T:^E T PERCENT 'A C 7 ('� nT T7T.T r7^ 7'+T.T / TT:'OET 1994-9_, YTD Af- ILS ,,,�PEAL•I LED AC :'AL; F,i,l..,ld P.F.w7FNtE,S , General Fund c 650 , 88 2 6. °23 . fi53 � �!L 7 6!_i , � ;2. . F,{)°10 v, _ Ga.s Ta`^' 439. 000 " A9 ; 315 11 . 31C1, 1^2"050' 4 ti• .r o ,r ., 1r Zoo Opera.tions232; i5V% Li0 72. 2L. i17V, 90 , t90 -ia1—A-11k1de 442 i 13 ,8,is 039 61, .{) ! T rQ6 1190 11 ,.G- T vi7a.Stewa.ter .111 _. 1. 73 . 912 11 - 088t165 ' rA LC0 1 1 4-1 c" Lake Pavilion 3 78� �.^, , t 2. 6t;�, _; 106 . 119° n,;t)a.t 1 C 39t316 31 , 9Y ; ' 369 $l r 26M Recreation 44717838 40,65 - 969 40. 8- 69 90187% m, a + m.,. + 1 o 190- 11 , c A Tree Fla.nting 1Tust 6. 011 6. 91.. , % r1_• , �9M e 7 k T + C !fir.n C 01 01 1 1 t '7']!r, s?i c e w a_1 ii T r�.7 S ,.. 1 . 17 1_1�, �, ,�r 1 �r_,1 r , J. 1 6 . L. ,m Emergency Cery-: ces n . nor) t ''a n r ^a 4 1 1 Sn 1 3� In .t• • ,r r, 1 L: 4 1 \ 1 J ! -1 4.4 , 1 1^ Fol i_.e Training �7. 0,no 29 . 951 1 951 � 104 _ 76% `viced _nt:atement �;n�} 3.0 . 618 1 . 3.1 96 , {-° A�l 77''�� . !M„r/+}�g + n a, v.6 r 1 ; 9 F c. o A W .•j_rr i a) !Ml a.S y.•S1ani- 6. 71_fl� 1 ! l t _ .6 1.4.I, , -117111 A r% A r•,a v / 9'1 . n n 1 n C ^” 1 - ( 113 . 1 ^7 A l 1 A t Of IS.i1. w 4 — ,_{1.v�i f'.- Li e;ti.�,fil-t C6{� _,L � w_J a,�r 1�,L� ; I-t 1 i d 3 . ! 4 1 S 1 4 , 941'T m 7 n 'IAIt � n � l 1 -al AAcr A.Lr. — C Sand le- Lil>r L•T r 4J; 14. t.r in A n .c n n T 1n nlll1n 'a Azo r t f! 1 A ^Ql /l 7m 4.7.11, T!U — •a•Ij!S n�.+ ±�.e ta.1 1 1!+- r a.�t� 4 ! t 1 3 T i r 19 4 , o r N1 A.D. "7 - ic'i:S Enc.1nas:3-F li2. i1:)n �n -aCj7 lt (: 297 ) 09 , ' 9° 1 4.4. L d ; L 1 1 r,n i C 1 Cn nn i CA A n Irl 07 COP Debt Service 1_,., , 5..,, 1�,,, , Y9„ 0 99 , 991n 11-­-apita1 Pre,,yectS 814 . 718 Flo -10 1 2)20 75 OXID i ^f n t C 7 C ^7 7 A - 7'1 C 67 Po 11 ce Impa-c.+t. Fees 4.g ..a 0o ! fir ! L , �r Lfn Fire i�;pa.ct Fees A A- ., 300 $7 ; cR6 ( 13 : 286) 129, 99 1,. T + ^C rfll//ll n O^ C 1 1 1) C 1 1 07 Park Impact Fees 1 , ; a7- 1-1 111 . 695 1. 14. . 69 , 1 116, 93m _ . dA to tn�aina�e Impact Fees 40 10nC,r, L Ir 1. ; 4141 1 2C '911M Alua.poa-T ecorida Fees 1 7 1)n 7 0o t i - 6661 C%5 . 90% LLf; 4..9 , ,, 6 Public Works qn; �(;0 .°2970 9 , nLL 90r19m St . fir. 77�� } '1 n A n'7 r 1 �a7 1 1 % St . lla:a-'int . Districts L; 1i; r 3 't'4. ! 1734. ! r1+3 9!6 7, .1 11 7 -7-72 L O,' TDA/Non-Transit 3 413, 000 rllL.L.e L•LL, L.(; . 5 1 . .,BM "ewer Fa.cilit Ca-pital ; lir i CfI C; ' tA { tn ; ' /lA n1 1nC A% T Z` , T r . -5,081140 4 r , Vit,, ,4A J L'J , Camino Real C'•onstruct.ion 115 788 1 1 e , '700 0 100100% a.4. EiiC. nc`-a C'onstFi:ct3 a1 00 . 26 8 8; 4.^96 100. 00% 3-F Mea-down Construction 43 . 723 "•3 . 723 0 .100 . 00 Santa oGa. A, "r�`,; f?� _A , tea ( 1 , 583 ) 1101 . 960-, .. ----------- -11 L•_ 56C 11 ; OO3 ., 9$l 1154 - 2851 1..f L ., 1011 ,111% ,L. To+al City Revenuesir ., 7^ 9; r The Notes are an integral part of +Tris statement . 000153 The City of Atasca.dero FINANCIAL REPO T (Unaudited ) Twelve Months Ended Tune 30, 1995 100% of the Year BUDGET PERCENT - 1994-95 ` TD ACTUALS UNREALIZED ACTUAL/BUDGET ----------- ----------- ---- ------ -------------- EXPENDITURES: ------------- EXPENDITOILES: General Fund 6, 645 , 10 i) S ,i i ..r ,r, (<.2 5 ; 3 9 i,') 103 . 39% Cas Tax 496; 695 5009 , 794 ( 13 , 099) 102 - 64%, Operations Operatins 2 1 ,964 253 ; "9 ISS x99 93 , 16% 11 al -A-Pide A 1 1 ; L5+ 3 A O 1 0:6l393 97 58%. Wastewater 941 �2 4 (4ry/� 1 ^, 1 142 , 52% S ;L4 1 � 1 ; 355 it / ; S ' 1 ) Lake Pavilion 4S , 377 S4 , 702 ('6; 325 ) 113 , 08% Aquatics 33 , 2.66 35 , 551 �'',2., 2or1 106 , 87 / Recreation 4r(} A 5 723 06, 432 r,5 • 709 ) 101 , 27% Tree Planting Trust 7 , 300 8 , 061 ( 761 ) 110 . 42% Sidewalk Trust 10400 9 , 904 96 99 , 04% Emergency :_ 17 !� n 150 rA 1to 3 62 Services SL•, ,ri/i/ d6. yJ� \..,t yJ�t j 1,7� ii<./n Police Training 20; 000 20 ; 720 ( 720 ) 103 , 60% Weed Abatement 40 , 000 42, 040 Q 040) 105 , y! % A.D. . 3 - Marchant. 4. 304 2 , 210 °6 . 094 26 , 61% AD. w^ - CayiCCS/Sefirarad0 99 ,475 S dA . 1 7( ( 14 , 69S ) yyA , 770 A.D. *5 - Chandler 42, 276 47 , 880 C5 , 604 ) 113 . 25% A.D. 06 - Camilo Real 143 , 000 1�2 , 940 52 99 . 96% A.D. #7 - Las Encina.s/3-F 83 , 400 83 , 572 f 172) 100 . 21% COP Deist Service 1 9° , 500 200 , 490 (1 , 990) 1 , 990) 1n1 , 00% Qpital Projects °12; 642 601 , 573 211 , 069 74 . 03% Allce Impact. Fees 21 , (100 71493 1'3 , 107 37 , 59% Impact Feet A 4, 30n 73 ; 535 ( 2P , 235 ) 165 , 99% Parks impact Fees 301000 30 , A 75 (475 ) ; I % Drainage Impact Fees L 401200 103 : 5iS`' ( 63131 ) ''57 . 49% L L->. m Amapoa-Tecorida Fees 12; 500 46, 472 ( 3 , 972) 371 , 74% Public works 92, 000 101 , 709 (,',1 ; 709) 110, 55% St . Maint- , Districts 30 , 000 8 , 845 711 , 155 29 . 48% TDA/'ion-Transit 43 ,000 07J& (S41761 ) 297 . 12% Sewer Facility Capital 662; r 00 4181819 240 , 681 63 . 22% Camino Peal Construction 455 . 000 262; 653 142 ; 347 57 . 73% Las Encina.s Construction 135 - 000 951354 310 , 642 70 . 64% 3-F Meadows Construction 70 , 000 147601 51 , 399 26, 57% Santa. Rosa. A.D. 0 0 0 0 , 00% ----------- ---------- ----- ----- ----------- Total City Expenditures 12, 411 , 046 12,492; 040 (40 ; 954 ) 99 , 92% ----------- -.-----.----- -----Y----- ----------- /1T 7 T T T ( TTl 1 6 1 A 2 ) f O ) f 7 ) O % T•laAa_ �Ey r,ELENi_iE/;EXPE��I. t (,.4y . �+<.1 ; ;60,, ; 045 ; L x :3 ; 331 , 8 % TOL The City of =nt n^..scadero FINANCIAL RL,Fa. (Unaudited ) Twelve Months ESS ?7 June 9n. 1995 100% of the Year June 9 Y June 95 'STDACTUAL YTD n UA :SLY, ria_.1t�nL 1 �_, a,_.T,,Pil• � ._.,,,.�Nc.F -------- REVENUES : General Fund 6, 932, 613 6. S23 , 559 W9400) Gas Tax 44S, 192 449 , 315 1 , 123 Zoo Operations 202, 262 210 , 072 7 , 810, Dial1 A -5 A 9o-t _ 0^9 ( 73 . 432 ) -�-Fide t., 0 . 471 r,,L tom._ ; ; .. �.L.; Wastewater Cs+ewE +er y y03: 229 1 , 08S1165 ( 95 , 065 ) Lake Pavilior, 39; 592 40 , 305 493 Aquatics 35 . 32.2 31 , 947 ( 3 . 375 } Recreation 409 , 763 406 . 969 (2 , 794 ) Tree Planting Trust 3, C33 6. 91.5 4085 Sidewalk TSi ?t 2, 907 sO S 1 2 , 905 Emergency Services 22,844 12 , 413 ( 1nA31 ) r� 277 -,n 51 1 L^A P4.r13�-e Srf�i �.5�1 �� 9; Li i L.a. t ��ry ly . arj�+ Weed Abatement 19 , 316 3S , 610 ( 10 , 699 ) A.D. -3 - Marchant 7 . 199 S . S66 1 , 667 A.D. : T - nC.y L1o C !o e s p a.r ad } 89 , 750 115 } 741 15 , 982 A.D. *5 - Chandler 9L ; 509 243 ( 32 266) A.D. , l. *6 - Camino Real 173 : 393 2131473 40 , 080 0 A,D. #7 - Las Encinesf3-F 93 ,057 122, 297 29 ; 239 '401 ^P Debt. Service 195taln 150 ,490 144 , 920 Capital Projects 09i . 5y7 118 , 51S 107091 P Impact 27 : 243 7 2 A 1 5 7 ( 12 , 013 ) til 1�-e IlYipa-�-L. Fees Ge ; L.�•� S.. ; L3ii Fire Impact Fees 55 , 541 5" SSS _2, 046,, Parks impact Fees 84 , 707 07 , 695 219o8 Drainage impact Fees 72, 93-5 50 ,K4 122; 321 sym a.pica--Te Cerr iL,ta: t"ee:? 53, 2S1 29 , SS6 (23 , 395 ) Public Works 82, 978 ( 51 • 27 ) + . 5691140 , An 27 (56S , 713 ) 54. . y�l C`j.'ln 1. , Districts . �r69; y�r�, ,iTt• + ^ TDA/Non-Transit 23j663 2.2 ; 222 ('1 ; 441 ) Sewer Facility Capital 2; Azo , W W . ( 11970 , 08S ) Camino + 1 095 700 O 7 ,.a.minc Peal Construction 1 ; P_,:34 , r,,, 115 ; 1 ,,., ( 1 ; 6•,9-,C14 , ) Las Enc}nCi Construction {njtriitii! 63 S ; 34n qpp , G96 (r?G, 7+ ) 3-F Meadows Construction 3SO7527 431723 ( 336 .804) Santa. Rosa- A.D. 0_480 41 , 583 33 ; 103 To+ai City Revenues !711421290 S1 ; w950 0 5 25 0 j The Notes are an integral part of this statement - 000155 T it e n i t L o ^.t�.C ca ti P.r�, T i A A',•1 A T f T)RT F.Ivni—_.I.n.. REPORT ri Unau,d i i ed Twelve Mon f 1s Ended une 30 1995 nno nf the a ea.r .3;,ne 9 June �5 17TTT A el'rU A Ir T1 A C TjT T $ CHANGE ! 1 i, n._1 j IML 1 1 Lr A�_T�i�Ai- •1' a_ n E 1PE\',D T T�jI\ 5 I. ,.. ,�,�� 6. "oc A c o^,n ^o 05 . 172 172 ire n e r a�i Fund 1, , i�, _ . T , r?1 -09 . -94 1152163 %G_-{t S 1 a x 3�.A, '- 1- +7 /'1.� + n S r A A n '1 S Zoo v} era - ions 4 -«1114 4 13 , 69 ( 3 . 0', 21 ) Pial-n-Ride 3 ^ . 019 ?oT ,4,61 7 . 441 � "^ A1 n 11 2n 393 % Wastewater 1 L , r , L.a_ke Pavilion 5,, 1V S A 02 4 ; 653 $ . , A '1 n O^ A ,{ '�1 1 ^1,n S, Recreation �3 1•• ; ,56 ; 43 4 , 4 Tree Planting Tryst ' , 529 e , f%61 4 , 5321 Sidewalk Trust (; 9 . 004 9 , 904 Emergency Services 0 16, 154 16 , 154 Police Training 1? ; 515 21Oi210 6, 906 Reea Aha+ement S ^n A ^f !�A n ( 1 1 ^A �t nC � -.L. ; .;,t., i l t ;•• fi.D, `3 - Marchant. 14, 661 1410 ( 12 , 451 ) A ��� A - o cno 114 , 170, 15 , 663 n D. Cazucos I Se spar a.do 9., ; 1,.,., y A.i> -5 - Cha_ndIer 40 . 92.3 4%0 6, 957 A->> 11 . iA ; ar_ oD. ; 6 - namino Rea / 4 -Az.P. '? - Las Encina.s /3-F 20 . 109 °_+315" 2 55 ; 464 1 1) 669 ,P Debt Service i9 , r?21.1 4.0V e490 f,Csg � ta1 Projects .. ., , i,,., 6011 .8 ,3 P e impact Fees 55 . nnn 1Q93 x; , 10 Fi ImPa_ct Fees 20% , 652 +3 , 'S ; 134 , 11"' ) Parks Impact. Fees 30 ; 000 301475 , 5 DrainageImpact Fees 3 ; 43 A 103 ; 512 100 - 010 zmapoa.-TeCorit�a Fees 121 , 139 46; 4 %21 34 • '34 Public Works 3(; ; (;56 'O1 ; ' 09 ^ 1 ; 653 C+ * -It- + O S O O A S _� t . Maint . DisriCts 0 ,, ; ,44., ,, , „�, TI%A/Non-Transit 136.0'%2 12 ".1161 ($ . 311 ) Sewer 1 + l nSO A n 1 0 1 (� 1 C 00 .7 FaC•ili*z CaP,i ta_. L•..,�. ; 9A0 �.,i r. l 9 . ei�,�! -amino Real Constr�c ion . 1Y,i r . .,-111 L• L• : J.r i ; LL La.s Encinas Construction 505 • %09 95 - �5g (410 . 351 ) 3-F Meadows Construction 308; 757 14 ; 601 (290; 156) Santa Rosa. A.D. 0 0 0 ----------- ----------- ----------- Total ----------- To+al rltZ 1xPelai+ttre? 4 ! n 92 ,0 A n 7 S 111 0 1 1 TnTAL NET CHANG AMOUNT' L• 1211•, 137 ( 608. 089) i 000156 e F T NA'jk•C l A T R EPOR T . Tvre live 'Months Ender? June 30 1995, � 011 n f +he Year Dt�nl*v lLrlt n F,E vTElvTiL..�1 L•1�}.FEA1. TTTl l.•S 1'.*Tri L N r l d t_ _v,Lr_1V i ;'T1�T, D A hTnr T7T�� A CTTT A T l TTT ('tmT`.q T ('i 1.^i Ti.TTI DAT A t�T!"+ D B.ML•n C_E YTD rl d ar_^_L 1 Lr �t_. i i+nL,•_ FUND tr ll.L r3r 1 3A C^9 C O R 7 Z L O'� C^O f 1 R A C R S ^eneral Funs' ew . .r , t ii . (, . ., ,a.:i S60, 717 _ Tsl. 2'S, �, i 71741 ,7` t A Aq '1tS C C09 , 794 Li. .r J Zoo ^7 fi ( 9f3 o^ i n7R RC I 06Q / 133 98-4 T14 A p Art �oR /1� 7oT 061 ^C 6-?9 1r1a.1-n-Ri Co +�rl. -r.r1 3842 . frJ� �,i4 i?1 _. Waste-Walter 5 1 ; 4g 1 . �Oo 1F,r 1 11 _ 3no ; F,63 1 re,,, , . SR1 . ,_ ,,,,ty ._, T . , cA R f A -7 1 .701 Lake FavA1 ion 06 - 0 - ; G• `/ r' f "A+_quatics i The City of Ata.sca.dero Schedule of Interfund Loans t,i_naudited ) Twelve Months Ended une_. 30 , 1995 10011,10 of the Iea.r Due Frol„ Due Tol ----------- --------+ -- GENERA% FUND; Wastewater $594 . 5,43 Zoo Fund 121 , 525 94-cr.Br 5 :4 3 5 93-EDBG-268 2. 450 Dial-A -ride 108 : 612 Pavilion 47 , 178 Aquatics 8 , 108 Recreation 83 , 329 Police Training 5 . 469 89 COP-Debt. Svc . 95 , 346 ----------- --------- 477 AC-) 59A -43 PTUI^ '^ �S Ca�itaI Proiects 83 , 110 Police Development. Fees 146 , 817 P�P� Deveio;�merit. Fees ---i$4 _496.- -.14 , 464 TIT AS TAT !` A L 1 11 1E ►z ER ..en . Fund 5941 5 413 Z^G FUPdD Gen . Fund 121, 545 94-CT, ren . Fund { .4 5 93-EDBG-268 ren, Fund 2, 4 0 .LI IIAT -A-a.!DF ren . Fund 108, 612 PAVILI`�1 ren. Fund 47 ; l i8 AQUATICS ren. Fund 8 . 108 RECREATIC:N .Gen, Fund 83. 39 POT LICE TRAINING Gen . Fund 5 , , 9 89 ^rP-Debt Svc, Gen. Fund 95 ; 36 CAPITAL PROJECTS Public Wks 83 . 130 P^LICE DEVELOPMENT FEES Public Wks 146,817 P t R DEVELOPMENT FEES Public Wks 184;496 Totals of All Funds $11486 ; 45.4 .$1 .486.4$8 The Notes are an integral part of this statement . 000158 T Al ..-�"w P, i ec-ii lii Ti_F _ f1- .bila _61F aS 1 e.F___ f i-FF r. -r _ _ - �^ n_ ti it .A i n.:!111, _ 1 1/r .moi i L.+ = __ L^q C= ^? .' F? i? r`=,:i T_F a"it`v'F'i v n 000159 The City of Atascadero Notes to the Financial Report Twelve Months Ended June 30, 1995 100% of the Year (Unaudited) NOTES: Report 1. The City incurred $1, 155, 000 as an extraordinary loss from the Orange County Bankruptcy (OCIP) which was spread over those city funds that participated'',;. That is why most funds show expenditures exceeding revenues for the year. Report 2. Again, the expenditures reflect the OCIP bankruptcy in most cases. For example, the large overrun in the Drainage Impact, Amapoa-Tecorida, and TDA/Non-Transit Funds were due to the recognition of the OiCIP bankruptcy. Report 3. The revenues are less this year as compared to the year before because of the bond issue revenues that were received in the 93-94 year. Additionally, the Sewer Facility Captial account was created in the same year. Report 4. The beginning fund balances do not reflect the OCIP loss because the loss is shown in the expenditures column. The negative fund balances could be ,larger if the interfund loans shown on Report 5 are written off in this fiscal year. The negative General Fund balance is expected to larger once the auditor' s adjustments are completed. Report 5. The interfund loans shown are as of the balance sheet date of June 30, 1995. These are accumulated totals since each fund' s _inception. Funds that demonstrate their inability to pay back these loans should be absorbed by the General Fund. Report 6. The accounts receivable shown are for '',City generated revenues only. Not shown are receivables from other agencies such as the State or the County. In most instances, both types of receivables are reflected in the revenues of the previous reports. O'003,(;4D