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HomeMy WebLinkAboutAgenda Packet 11/24/1980 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting November 24, 1980 7: 30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A Consent Calendar, are _considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call. 1. Minutes of the regular meeting of November 10, 1980 (RECOMMEND APPROVAL) 2. Acceptance of Final Map, 8965 San Gabriel Road, Parcel Map AT 79-40 , Ronald and Linda Fairbanks (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 3. Acceptance of Final Map, Aguila Road, Parcel Map AT 77-236 , E.B. Finch (Stewart) (RECOMMEND APPROVAL OF, PLANNING COM- MISSION RECOMMENDATION) 4. Resolution No. 25-80 accepting work and giving notice of completion for construction of chip seal coat on various City streets (Bid No. 80-15), (RECOMMEND ADOPTION) B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing to consider the extension of the moratorium on the approval of condominium uses, condominium subdivisions and condominium conversions 2. Report No. 8 from the City Attorney C. UNFINISHED BUSINESS 1. Ordinance No. 33, Animals - second reading 2. Ordinance No. 34 , Traffic Regulation second reading D. NEW BUSINESS 1. Election procedures for City Clerk and City Treasurer E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2 City Attorney 3. City Manager MINUTES - ATASCADERO CITY COUNCIL Regular Meeting • November 10, 1980 7: 30 p.m. Atascadero Administration Building The meeting was called to order at 7:30 p.m. by Mayor Wilkins with the Pledge of Allegiance. The invocation was given by Donald Curtis. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson Stover and Mayor Wilkins ABSENT: None PUBLIC COMMENT 1 Kathleen Daly requested that Council schedule a special election for electing a City Clerk and City_Treasurer at the earliest possible date. She suggested they also include on the ballot the Voter's Fee Approval Ordinance initiative which has been certified as having sufficient signatures by the City Clerk. She noted that Ordinance No. 30 had been published late. 2. Mr. J. D. McDougall requested that Council consider lifting • the moratorium on Morro Road. There was discussion re- garding this matter and Mr. McDougall was requested to contact the Planning Department for further consideration. A. CONSENT CALENDAR 1. Minutes of the regular`meeting of October 27 , 19`80 (RECOMMEND APPROVAL) 2. Treasurer's Report, 10-1-80 to 10-31-80 (RECOMMEND APPROVAL) 3. Accetitance of Final Map, Parcel Map AT 78-100, Cristobal Road, Douglas Moore (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4. Lot division, Parcel Map AT 80-95, Vista Road, Glen Lewis, et al (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION, RECOMMENDATION) 5. Conditional Use Permit to construct 22 unit apartment project, 9905 E1 Camino Real, Atascadero Village/Hoff (Nash Brown & Associates) (RECOMMEND APPROVAL OF 'PLANNING COMMISSION RECOMMENDATION) Councilman Highland asked that Item A-5 be removed from the Consent Calendar and considered separately. MOTION: Councilman Mackey moved that the ConsentCalendar, Items A-1 through A-4 be approved. The motion was seconded by Councilman Highland and unanimously carried by roll call vote. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting November 10-, 1980 Page Two A-5 Conditional Use Permit to construct 22 unit apartment project, 99`05 El Camino Real Councilman Highland was concerned that this ;project exceeded, by one unit, the density requirements for multiple family districts. He felt that approving the project would set a precedent which the City should avoid. Larry Stevens reviewed the Planning Commission' s recommendations and stated that although the applicant had been in- formed of the density limitations and the number of unitsallowed before plans were submitted, the plans included an additional unit whish the Planning Department, in reviewing the plans, did not catch. ` The Planning Commission decided that the additional unit would be acceptable only if the proposed H.U.D. financing assures the provi- sions of affordable housing units. Council agreed with this' provi- sion noting that Atascadero was in need of low income_ housing. This, however, was not to set a precedent for future requests for additional units. MOTION: Councilman Highland moved for approval of the Planning Commission recommendation on this matter. The motion . was seconded by Councilman Stover and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS • 1. Public hearing on Highway 41 alignment Mr.. Warden reviewed the General Plan designation of Curbaril as an alternate route for 'Highway -41 and the Cal Trans purchase of rights-of-ways along Mercedes to be used for construction of Highway 41 by way of Mercedes. He emphasized that there were absolutely no plans for construction along either route at this time. Curbaril is an alternate designation in the General Plan and should be changed if Council desires to eliminate that as a possibility and to avoid problems with zoning administration; Mercedes, as an alternate route, is so far down the Cal Trans list of projects as to not be considered for the near future. There are problems with both routes. RECESS 8: 00 P.M. RECONVENED 8:05 p.m. Larry Stevens reviewed the two routes on a display map. Mayor - Wilkins declared the meeting open to the public and asked for comments. Dave Cowan, Howard Marohn, Harriet Sackrider, Pers. Harris, Bernie Norton, and Rosemary Jones gave their views on this issue; some were not in favor of Curbaril as the alternate route and others were not in favor of Mercedes. Council members discussed this matter at some length. Council- man Highland reviewed pre-incorporation Advisory Board .10 Councilman Mackey felt that the best plan was to remove Highway, 41 • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting November 10, 1980 iPage Three from Capistrano and place it along Curbaril as an alternate route only; no construction. Councilman Nelson did not see any reason for abandoning the plan along Mercedes; he suggested sending the matter to the Planning Commission for their review and recommendations. MOTION: Councilman Nelson moved that this matter be referred to the Planning Commission for their review and public hearing to include input from Cal Trans. The motion was seconded by Councilman Highland and unanimously carried. RECESS 9 : 00 P.M. RECONVENED 9 : 05 p.m. C. UNFINISHED BUSINESS 1. Ordinance No. 12 , Fire Department - second reading MOTION: Councilman Highland moved that Ordinance No. 32 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried. _Mayor Wilkins read Ordinance No. 32 by title only. • MOTION: Councilman Nelson moved for the adoption of Ordinance No. 32. The motion was seconded by Councilman Highland and unanimously carried by roll call vote. 2. Mayor' s action in appointing a representative to the Citizens' Transportation Advisory Committee Mayor Wilkins stated that he had appointed a committee of citizens to come up with a nomination for this position. Mel Donald was selected by the committee and appointed by Mayor Wilkins. 3. Transfer of funds for communications equipment labor Mr. Warden advised that this was a bill fromtheCounty for services performed in July for installing the City' s dispatch communi- cations system. MOTION: Councilman Highland moved for approval of the transfer of $3, 040 for this invoice. The motion was seconded by Councilman Mackey and unanimously carried by roll call vote. D. NEW BUSINESS • 1. Consideration of contract with Book Publishing Company for codification of the municipal code MOTION: Councilman Highland moved for approval of the contract and authorization for the City Manager to sign. The • • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting November 10, 1980 Page Four motion was seconded by Councilman Stover and unanimouly carried by roll call vote. 2. Ordinance No. 33, Animals - first reading , Mr. Warden reviewed this ordinance noting that the County is the agency responsible for enforcing the ordinance, therefore, the City's ordinance must basically comply with the County' s. MOTION: Councilman Highland moved that Ordinance No. 33 be read by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Wilkins read Ordinance No. 33 by title only. MOTION: Councilman Highland moved that this constitute the first reading of Ordinance No. 33. The motion was seconded by Councilman Nelson and unanimously carried by roll call vote. 3. Ordinance No. 34 , Traffic Regulation - first reading MOTION: Councilman Highland moved that Ordinance No. 34 be read • by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Wilkins read Ordinance No. 34 by title only. Mr. Warden requested that Council make a correction on page 11, section 4-3.906 in the third line from the bottom of the paragraph, after the word "trimming" , the words, "shall become a lien upon the property and" should be eliminated. MOTION: Councilman Nelson moved that this constitute the first reading of Ordinance No. 34. The motion was seconded by Councilman Highland and unanimously carried by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Nelson requested that the matter of the City Clerk/City Treasurer election be on the next Council agenda for consideration. (b) CouncilmanNelsonasked what Staff' s action would be on the request from Mr. McDougall regarding the Amapoa moratorium. Council discussed this and decided that it should• be reviewed by Staff with a report to the Planning Commission and the Planning Commission' s recommendations forwarded to the Council. • • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting November 10 , 1980 Page Five • (c) Councilman Mackey asked about the chimp at the zoo; who is paying for its keep, liability, etc. ? Mr. Warden stated that as far as he knew, it was a donation to the City. (d) Councilman Mackey asked about the fact that the Telegram Tribune had reported no building activity in Atascadero during the last reporting period. Larry Stevens thought that perhaps the City's mailings did not coincide with the paper' s publication periods. (e) Councilman Highland reported on the Water Advisory Committee meeting. (f) Councilman Nelson asked if the Parks and Recreation Advisory Board had discussed the use of the Ranger' s residence for City purposes. Mr. Warden did not know if that had been discussed by the Board or not. 2. City Attorney (a) Mr. Grimes advised that the City' s reply to the matter of Kathleen Daly v. the City of Atascad_ ero • should be filed this week. (b) Mr. Grimes advised that the Firefighter' s suit was filed on November 5, 1980, and the City has 30 days to reply. 3. City Manager (a) Mr. Warden reminded the public that the City was accepting applications for Planning Commissioner until November 29th. (b) Mr. Warden reported on a workshop he had attended in Los Angeles regarding complying with Proposition 4 bookkeeping requirements. The meeting adjourned at 9 : 37 p.m. Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk • • • M E M O RAN D U M TO: CITY MANAGER Novemb FROM: PLANNING DIRECTOR SUBJECT: PARCEL MAP AT 79-40 - Acceptance of Final Map LOCATION: 8965 San Gabriel Road - Lot 38 of Block 13 APPLICANT: Ronald and Linda Fairbanks (Hilliard) The City Council approved Parcel Map AT 79-40 allowing creation of two 2. 5 acre parcels on January 14 1980 subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is A-1-12 and the General Plan designation is Suburban Single Family Residential. Staff review has determined that all conditions of approval have been complied with. At their meeting of November 17, 1980 the Planning Commis- sion reviewed the Final Map and recommends its acceptance. • LAWRENCE S E14SMU RAY ARDEN Planning D ector CV_ manager fps O N 2^o3'4a"w sz-qo• rs 4 N2'03'¢2-W f2.4o' M .✓33'39'S9'I✓ 3S."' r'/ - _= s N 33'.4.9'39".✓ X.O.7z' H s 'y2- " 2,7.-010'H N 29'9/'oa•E 2�•8o'H _ Ao¢.8B'M > K FoRo R �G.9CEPTEO s _ -,;..�, ;;,.�.n "�3 �> `� �, �•.-�,��di'-�+�.�:� •; .?6o%�n.f-�9�3 —�'�' ,�r� -'�ic ±� -C�b --^wr��+-�g� - �"- NO yPECO.PO� ACCFFlEZJ � ':` � ���. •-.- �- � t..+ •�� �- ° � - ��� �/"V�L.L-.+fir � _ � � a,�M � .,. �`" � F�'�s� � I-M ri.•��¢¢"t{ y - C +s -aS 5 h '7n: €�a . as £ ..h s. '��'w '07x'�` x-'E� : 4.;,.�`. •1''` iii' X79CJ AA'f� S /12 5 727 '��w S� 98 AGe—.S To V51 .41 r 2 fo n0 AR IRr V`UV�Y /S Na9�9/ova [ �ivG TJd� " � °' ��-�,-w T k � =. s"'r 3 � $ � -� :�.�� � 4 •,�� .Y�� Fav°.� � Vie.:'� Ae-�V�4Si�y�• i�^,. 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The County Subdivision Review Board granted an extension of time on October 4 , -1978 and the Atascadero City Council granted a second time exten- sion on November 14, 1979. The Zoning is R-A and the General Plan designation is Low Density Single Family Residential. Staff review has determined that all conditions of approval have been complied with including construction of Aguila Road . • At their meeting of November 17, 1980 the Planning Commission reviewed the Final Map and recommends its acceptance. LAWRENCE S ENS MU RAY RDEN Planning Director City Ma ager • /ps �I Af TINE A./VO SEWAOq—' ,p/SpOSAL SYSTEM /.t/STALL.,lM0A4.T ARE?O BE f3iACE0 eAOSE.2 —,WAW �5O J FTOM THE 7bP OF EX/S77A/4 GCEEiC 6 ViC OR A7.w 7a 71E z VA/OAl/ jsii i�o 13.�x F/K TAAIKS W/LL BE Ate/ ACI�PTABL6 ME7N00 OF S6WR�jE o/s/�s/iL>P�OY/J/�t/C1 secs A"O 50Mi�V*S AIE LIF /►c 5Aw74BCB ;. 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Pj s /14s ;* o ° .a... .r 4 wrr xri sqs 3-s��'�^+, x^.ee� �f �� AQ .r y "'�� -:y,.�'t..!`°� w:4*j'�: "`�s.'^��'- � •z"''�� -s'�� 'Le �s^.;. �'""�'.nl•'"� _. k��1G`iIY._' —� ,��`�i.a�` _^-o-., g,�-b � n"�-,��a _` ����,'�;"�- R Lc 'es � -u.� a„g-. _ ,^n a^ ,��-sRa ,�--°a„�tz �v ?5t.^s*-"'�°L 4 .�"�'��+i"'--a. '_-,�. dao- x •- ' ..a �,�, -�--�••,. s- � ,.a� Z/ RESOLUTION NO. 25-80 • RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF A CHIP SEAL COAT ON VARIOUS CITY STREETS -(BID NO. 80-15) WHEREAS, the Atascadero City Council did, on October 13 , 1980, award a contract to H. D. Peterson, P. 0. Box 36 , Atascadero, California, 93422 , for construction of a chip seal coat on various City streets (Bid No. 80-15) ; and WHEREAS, the City Engineer has certified that said work has been completed in accordance with the provisions of the contract. NOW, THEREFORE, BE IT RESOLVED that said work is accepted as completed on November 24, 1980, and the City Clerk is hereby directed to file a notice of completion in the office of the recorder of the County of San Luis Obispo. On motion by Councilman and seconded by Councilman , the Atascadero City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call voter • AYES: NOES: ABSENT: ADOPTED: ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDEN, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney • NOTICE OF COMPLETION • TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned Clerk of the City of Atascadero, San Luis Obispo County, California, that the construction of a chip seal coat for various streets for the City of Atascadero (Bid No. 80-15) , has been completed by H. D Peterson, and that said work was accepted as completed on November 24 , 1980 , by the Atascadero City Council by adoption of Resolution No. 25-80 dated November 24 , 1980. MURRAY L. WARDEN, City Clerk The undersigned hereby deposes and says: That heisthe Clerk of the City of ATASCADERO, San Luis Obispo County, California; that he has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Atascadero, California, this day of November, 1980. MURRAY L. WARDEN, City Clerk M E M O R A N D U M TO: City Council FROM: City Manager SUBJECT: Condominium conversion moratorium Attached is a memo from the Planning Director to the Planning Commission and to me along with a draft ordinance dealing with the condominium conversion moratorium. The Commission spent a great deal of time discussing this matter on November 17th and unanimously voted to let the current moratorium lapse. The Planning Director' s memoranda are extensive and cover a wide spectrum of considerations. I fully concur with his recommendation and recommend to you approval of the Commission's action. Should you concur with their recommendation, the attached ordinance will be unnecessary and Ordinance No. 17, , which established the moratorium, will automatically lapse on December 10th. Should you not agree with their recommenda- tion, an extension of time will be necessary in order for the Planning Director to formulate an appropriate ordinance. • I have instructed the Planning Director to continue his monitoring of the conversion and housing situation in order to evaluate the impact of condominium conversions. This effort will also provide a good data base upon which to base any future actions. If you concur with the recommendations, your agreement should be expressed by motion and a vote to allow Ordinance No. 17 to lapse. OURAYj . WARDEN L�nT:a 11-20-80 • M E M O R A N D U M TO CITY MANAGER November 19 , 1980 FROM PLANNING DIRECTOR SUBJECT: MORATORIUM ON CONDOMINIUMS AND CONDOMINIUM CONVERSIONS On November 17, 1980 the Planning Commission reviewed the attached Staff report and unanimously recommends as follows A. Adoption of Findings 1-7 : 1. The scarce supply of rental housing is less affected by , the construction of new condominiums and the conversion of apartments to condominiums than it is by the lack of rental housing construction associated with the cost of _land, the availability of financing, the scarcity of properly zoned land and inflation. 2 . P-roblems associated with tenant displacement can best be handled by encouraging an increased supply of rental housing enhancing tenant mobility and choice. 3. Adequate provision for consumer protection and the d-is- semination of information to prospective buyers is avail- • able through the Public Report prepared by the Department of Real Estate. 4 . Development standards required by lending institutions in order to finance conversion projects should be ade- quate to assure constructed and maintained dwelling units are not converted without needed upgrading 5. For the most part, development and construction standards for apartmentsand condominiums should not be significantly different., 6 . In an era where there is an apparent desire for less gov- ernment, condominium owners should expect to operate and maintain their own projects through C.C. and R' s . 7 . The free play of _market forces is the preferred alternative in working towards solutions for existing housing problems. B. That the moratorium on condominiums and condominium conversions be allowed to lapse. C. That Staff be directed to conduct' studies to evaluate the ef- fects of existing general plan densities on multiple family • housing construction and continue to survey housing stock, Page Two / Memorandum: Moratorium, Condominiums/Condominium Conversions • conversions, vacancy rates and similar data with a report back to the Planning Commission within six months . In making the above recommendation the Planning Commission con- sidered the following alternatives : 1. Allow the moratorium to lapse. This can' be combined with a directive to do additional studies . 2 . Extend the current moratorium. Since a draft ordinance has not been prepared, some extension should be made if revisions are the accepted alternative. The Government Code would al- low a maximum extension of one more year although a shorter time could be specified. The minimum extension to allow for preparation of an ordinance, public hearings, and adoption and effective date of an ordinance would be approximately four months. 3 . Modify the moratorium. Projects previously filed could be allowed to proceed and projects with less than a certain num- ber of units could be exempted from' the moratorium. Each of these alternatives is available to the City Council and an ordinance to effectuate the second alternative has been provided. • There was considerable discussion amont the Commissioners on this matter, but no comments were made by members of the public. Pri- mary items discussed included the potential effects on tenants displaced by conversions, the possible obstacle to new rental con- struction posed by General Plan densities, and the desire to allow the private sector to work with a minimum of unnecessary govern- mental intervention. The consensus was that the problem did not appear to be serious enough to warrant continuing the moratorium but that continued monitoring of the situation was desirable. LAWRENCE ST ENS MURRAY WARDEN Planning Di ctor City Manager • /ps ORDINANCE NO • AN ORDINANCE OF THE CITY OF ATASCADERO EXTENDING THE MORATORIUM ON THE APPROVAL OF PERMITS FOR CONDOMINIUM USES, CONDOMINIUM SUBDIVISIONS, AND CONDOMINIUM CONVERSIONS WITHIN THE CITY FOR A PERIOD OF ONE YEAR AND DECLARING SAID ORDINANCE TO BE AN EMERGENCY ORDINANCE WHEREAS, the Council made certain findings in Ordinance No. 12 entitled, "An Ordinance Making Findings and Creating a Mora- torium on the Approval of Permits for Condominium Uses , Condomin- ium Subdivisions, and Condominium Conversions within the City of Atascadero and Declaring Said Ordinance to be an Emergency Measure, " and WHEREAS, Ordinance No. 17 extending said moratorium for an additional eight months was adopted on March 10 , 1980; and WHEREAS, the Council finds that said findings remain valid • in that additional time is required to complete the ongoing studies and to prepare procedures and regulations governing condominiums and condominium conversions; and WHEREAS, the appropriate public hearings have been conducted by the Council pursuant to Section 65858 of the State Government Code. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. The existing moratorium on the issuance or ap- proval of any permits for condominium uses, condominium subdivisions , and condominium conversions within the City as imposed by the pro- visions of Ordinance Nos . 12 and 17 , is hereby extended for a period of one (1) year. • Ordinance No. Page Two Section 2. Urgency Measure. This ordinance is an urgency ordinance necessary to preserve the public peace, health and safety due to the facts as forth in Ordinance No. 12 , and is adopted pursuant to Government Code Section 65858 . Section 3 . Effective Date. This ordinance, being an urgency ordinance for the immediate protection of the public health, safety and general welfare, containing a declaration of the facts con- stituting the urgency, and passed by a four-fifths (4/5) vote of the Council shall take effect immediately upon its adoption. Section 4 . Publication. The City Clerk shall cause this or- dinance to be published once within fifteen (15) days after its passage in the Atascadero News, _ a newspaper of general circulation, printed, published, and circulated in this City; shall certify to the adoption and publication of this ordinance; and shall cause this ordinance and its certification, together with proof of pub- lication, to be entered in the Book of Ordinances of this City. The foregoing ordinance was introduced, adopted, and ordered published at a meeting of the City Council held on November 24 , 1980 by the following vote: AYES : NOES: ABSENT ROBERT J. WILKINS, Jr. Mayor ATTEST: MURRAY L. WARDEN, City Clerk CITY OF ATASCADERO FOUN psis 9 � �•_ � i9�9 Planning Department November 17 , 1980 \�SC�EZio%/ STAFF REPORT SUBJECT: Moratorium on Condominiums and Condominium Conversions BACKGROUND At the urging of the Planning Commission, the City Council enacted Ordinance No. 12, an emergency measure establishing a moratorium on condominiums and condominium conversions, in November , 1979. At that time, a study was directed to evaluate procedures and regu- lations on the subject. A background report, which included information on State Controls, local zoning and subdivision authority, major issues, alternative approaches, and a local housing survey was prepared by the Planning Department for Planning Commission and City Council review in Jan- uary - February, 1980. Ordinance No. 17 , extending the moratorium for an additional eight months was adopted by the City Council in March, 1980 to allow additional time to study the matter. The intent was to prepare a draft ordinance for additional discussion before the Planning Com l mission and City Council. EXISTING REGULATIONS 1. ATASCADERO GENERAL PLAN Two residential policy proposals have been adopted which pertain directly to this subject: "16. New condominium projects, planned mobile home developments and stock cooperatives shall be reviewed on an individual basis as community housing needs, neighborhood character, and site improvements will dictate. 17 . To alleviate the problems arising from the conversion of existing rental units, the City may regulate condominium conversions. The City shall revise its zoning ordinance and subdivision ordinance regarding condominium con- versions in order to: (a) Establish criteria for the conversion of existing multiple rental housing to condominiums, community apartments, stock cooperatives, and new or limited equity stock cooperatives. Page Two Staff Report - Moratorium on Condominiums and Condominium Conversions • (b) Reduce the impact of such conversions on residents in rental housing who may be required to relocate due to conversion of apartments to condominiums, community apartments, stock cooperatives, and new or limited equity stock cooperatives by providing procedures for notification and adequate time and assistance for such relocation. (c) Insure that the purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase. (d) Insure that converted housing achieves high quality appearance and safety and is consistent with the goals of the City' s general plan (e) Encourage opportunities for housing ownership of all types, for all levels of income and in a variety of locations. (f) Encourage a continuing supply of rental housing for . low and moderate income persons and families. " In effect, these authorize regulatory action through ordinances • if and when a problem is perceived and a response is dictated. 2 . ZONING ORDINANCE No specific mention is made concerning condominiums or their conversions. As a result they are treated in an identical manner with apartments and similar multiple dwelling units. For a new condominium this would mean a permitted use , departmental review or conditional use permit depending upon the zoning and the number of units proposed. For a conversion, it is probable that no zoning action would be necessary unless some additional improvements are proposed. 3. SUBDIVISION ORDINANCE A parcel or tract map is required depending on the number of units involved. Certain findings are required through this process (see Section entitled "Authority Subdivision Map Act") the most important of which relate to general plan consistency. The findings are primarily related to new construction rather than conversions. Furthermore, the findings seem general and vague rather than specific. 4 . STATE REGULATION - DEPARTMENT OF REAL ESTATE Direct State regulation of condominiums, community apartments, and stock cooperatives occurs through the State Department of Page Three Staff Report - Moratorium on Condominiums and Condominium Conversions 0 Real Estate and is primarily oriented towards consumer protection. In conjunction with the sale of units, the Department of Real Estate issues a public report which provides information con- cerning the project to the potential buyer. This report allows the developer to sell a particular unit and must be delivered to and acknowledged by the buyer. Normally the report is prepared towards the end of or after the local government review. The following information is usually required to be submitted: names and addresses of owners and subdividers - a statement of the condition of the legal title - a statement of the conditions of sale - provision for public utilities - proposed uses - any provision limiting uses (i.e. , CC&R' s) - soil conditions and geologic report any liens - estimate of indebtedness - public school services - locations of existing and proposed airports In the case of planned developments, condominiums, community apartments and stock cooperatives the Department of Real Estate also has jurisdiction over the adequacy of provisions to complet improvements, transfer title to purchasers, and form and operate a homeowners ' association. Additional information usually re- quired to be submitted includes: - date of renovation or replacement of the building and its mechanical components statement of conformity to code - engineering reports on foundation, mechanical components , plumbing and roof and structural pest control inspection report, if available renovation of common areas and operation of homeowners' association - escrow conditions for impounding purchase monies provision for public services - building plans (optional) - plan for financing sale The Department of Real Estate may generally halt a project if it is determined that there is fraud, misrepresentation, title prob- lems, lack of adequate water supply, inadequate financial ar- rangements for improvements, and inadequate arrangements for management of common areas. However, there is limited regula- tory authority over some of these areas in that failure to provide the information would result in a statement that the information was not provided rather than a requirement to provide it. Page Four Staff Report - Moratorium on Condominiums and Condominium Conversions • DEFINITIONS Prior to embarking on a detailed discussion of the issues and alter- native responses to them, it seems beneficial to provide some definitions of common terminology: - apartment - A dwelling in a structure which is designed or used to house two or more families - community apartment An undivided interest in the land coupled with the right of exclusive occupancy of any apartment located thereon. - condominium - An estate in real property consisting of an undivi- ded interest in common in a portion of a parcel of real property together with a separate interest in space in a building on such real property. - stock cooperative - A corporation which is created for the pur- pose of holding title to improve real property either in fee simple or for a term of years, provided that all of the share- holders of such corporation receive a right of exclusive occu- pancy in a portion of the real property. The title of the real property is held by the corporation and the right of occupancy is transferrable only concurrently with the transfer of the share or shares of the stock in the corporation held by the person having such right of occupancy. • - organizational documents - The Declaration of Covenants , Conditions, and Restrictions (CC&R' s) , articles of incorporation, by-laws and any contracts for the maintenance, management, or operation of all or any part of a project. conversion - A proposed change in the type of ownership of parcel or parcels of land and the existing structures thereon. - vacancy rate - The number of apartments being offered for rent or lease as a percentage of the total number of apartments. - association - The organization of persons who own a condominium unit or right of exclusive occupancy in a community apartment. AUTHORITY The legal authority for local regulation of condominiums, community apartments, stock cooperatives and conversions to these uses evolves from several sources including the Subdivision Map Act, the General Plan, the California Environmental Quality Act and the general police power. 1. SUBDIVISION MAP ACT The creation of a unit for sale falls under the auspices of the Subdivision Map Act meaning that a parcel map or a tract map must be applied for, approved, and recorded. There are a variety of mechanisms within the Subdivision Map Act that affect the tentative map review processes. The most important of these is the requirement that subdivisions can be approved only if they are consistent with the General Plan (see Section 66473.5). The implication is that a community must have an adopted general plan Page Five Staff Report - Moratorium on Condominiums and Condominium Conversions 0 and that it must make some provision for the consideration of these uses and conversions to them. The Subdivision Map Act also delegates the power to adopt ordinances regulating the physical design and improvement of a subdivision and, in fact, specifies mandatory denial if any of the following findings are made (see Section 66474) : - That the proposed map is not consistent with applicable general and specific plans - That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans That the site is not physically suitable for the type of development - That the design of the subdivision or the proposed improve- ments are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife in their habitat - That the design of the subdivision or the type of improve- ments is likely to cause serious public health problems - That the design of the subdivision or the type of improve- ments will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. While it is obvious that these findings are primarily oriented • towards undeveloped land being prepared for single-family dwell- ings, some of them can nevertheless be applied towards new multiple family developments and the conversion of existing structures. Only Section 66427 . 1 of the Subdivision Map Act specifically addresses conversions and it requires that tenants of a proposed project must receive 120 days written notice be- fore they must move and 60 days right of refusal to purchase their units. Senate Bill 1646 , passed and signed in the last session of the legislature, will increase the notice and right of refusal time periods for tenants in conversion projects. Two bills (SB 1645 and SB 1838) make provision for improved notice to tenants during local hearing. In addition, SB 1838 includes a requirement that 400 of the tenants must agree to purchase their units or conversion is prohibited. Copies of each of these bills have been requested so their specific impacts can be eval- uated 2. GENERAL PLAN A 1975 Attorney General ' s opinion emphasizes that the key to economic and social regulations in the Subdivision Map Act is general and specific plan consistency. It was noted that the housing element requires adequate provision for the housing neei of all economic segments of the community indicating that ob- jectives, policies, and programs intended to minimize tenant 0 0 Page Six Staff Report - Moratorium on Condominiums and Condominium Conversions • displacement problems and to maintain a supply of affordable housing are properly included within a general plan and can serve as a basis for approving or disapproving a project. In fact, Section 66427 . 2 of the Map Act provides that a conversion cannot be reviewed for consistency unless the general plan addresses the issue. 3. POLICE POWER (ZONING) The police power is a very broad grant of authority stemming from the State Constitution and it authorizes control not only over the traditional physical characteristics of land use but also over social and economic concerns. In planninc;-, it is traditionally exercised through the zoning ordinance which does not usually contain social and/or economic standards--at least overtly. The most common zoning technique is the conditional use permit although other approaches are possible. It should, however, be pointed out that conversions can be regulated through a zoning ordinance only if the ordinance clearly expresses its intent to treat conversions differently because of their form of ownership. A more extensive discussion of specific oppor- tunities to regulate these uses under the police power will follow in subsequent sections of this report. • 4 . CALIFORNIA ENVIRONMENTAL QUALITY ACT Subdivision projects are also subject to compliance with the California Environmental Quality Act except that condominium conversions are categorically exempt because they involve existing buildings. However, consideration of the cumulative impact of numerous conversion projects or a finding of signifi- cant environmental effect due to displacement of a large number of people can make such an exemption inapplicable. Generally, the CEQA process is an informational one intended to identify problems and provide mitigation measures with the subsequent zoning and subdivision processes accepting the brunt of the approval/conditional approval/disapproval focus. MAJOR ISSUES The recent popularity of condominiums, community apartments, stock cooperatives and conversions to these uses has forced most local governments to take a hard look at them and their impacts. A num- ber of reasons for this popularity can be identified including profit potential for the owner/developer, the consumer demand for reason- able priced ownership housing, the fear/threat of rent control , and the availability of financing. This popularity has also been asso- ciated with a downturn in rental housing construction. Some of the factors in this downturn include inflation, high land costs , lack of • available financing, lack of available land for multiple family development, and increasing local and State controls. The end re- sults create turmoil and conflict between owners and developers and their displaced tenants with local government often placed right in the middle. Page Seven Staff Report - Moratorium on Condominiums and Condominium Conversions 0 1. DISTINCTIONS BETWEEN APARTMENTS AND CONDOMINIUMS One of the issues to be addressed is whether or not there is a distinction between apartments and these ownership forms of housing. Section 1370 of the California Civil Code states that like uses must be treated in the same manner indicating that a "contrary intent provision" must be enacted within the ordinance if different procedures, development standards or other regu- lations are applied to these uses. Conditions attached to a use permit, variance or similar regulatory device, if applied to the ownership forms of housing, must be rationally related to the distinctions between these types of uses. Some conditions (i.e. , lesser density, more off-street parking, garage door openers, more open space, more storage space, etc. ) appear to be based upon the assumption that persons who live in the ownership forms of housing are entitled, or expect, higher quality housing than persons who live in apartments. However, some other con- ditions (i.e. , sound insulation between units, energy standards , separate utility connections, upgrading of common areas, shock mounting of mechanical equipment, etc. ) may be more reasonable since these features are not easily observed until the unit is occupied and since owners cannot move out as readily as renters. . Consideration should also be given to the fact that such re- quirements tend to increase the purchase price and may preclude conversion of existing apartments. Perhaps the most apparent • distinction is attributable to the change from a single re- sponsible management party (i.e. , the owner or landlord) to an association form of management. This distinction has been identified by at least one California case (Norsco Enterprises vs. City of Fremont) which upheld an ordinance which stated " . . . that unlike apartments with rental units, condominium devel- opments, with a lack of guaranteed effective and continuous management, present special land use problems. . . " . Some of the problems include the ability to collect Homeowners ' Associa- tion dues and its impact on the continuing financial obligations (i.e. , utilities if not separately metered and renovation and upgrading of common facilities (i.e . , roof, building exterior, landscaping) especially if costly and unexpected. It must however be understood that existing ordinances of the City do not make any distinction between apartments and condo- miniums. Careful consideration should be given in this regard in order to avoid treating rental units as "second-class citizens. " It seems difficult to justify that the same unit should be built differently depending on whether the occupant is a renter or an owner. 2 LAND AVAILABILITY A second issue is related to the availability of land zoned or • planned for multiple family development since this land must be Page Eight Staff Report - Moratorium on Condominiums and Condominium Conversions • "shared" by both apartments and the ownership forms of housing. The impact on the rental market is most often associated with the conversion process (that will be discussed shortly) but may also be a consideration of new multiple family ownership housing. This occurs when market conditions, profit potential , tax advantages, availability of financing, community policies and similar factors strongly favor ownership housing over ren- tal housing. New construction of ownership housing would occur using a disproportionate share of the available eventually squeezing the rental market unless adequate provision is made through the planning and zoning process to assure a ready sup- ply for both. There has, however, been a tremendous decrease in apartment construction over the last few years. The resulting tight rental market associated with inadequate housing supply can create hardships on those who make a conscious choice to rent and those who are forced to rent because they cannot afford to own. It should be pointed out that many factors affect the problem of housing supply. The City can, through its actions, affect some of them including adequate land zoned for such use, reasonable development standards (density, parking, etc. ) , and responsibe review processes. Some are beyond local government purview • especially in the area of financing, inflation, labor costs , material costs, etc. although there has been in recent years considerable more effort to put government most directly into the housing field via increased Federal and State funding, local housing authorities, new legislation and a variety of other mechanisms 3 . TENANT IMPACTS The majority of the sensitive issues, and perhaps the primary concern of the City of Atascadero, are related to the conversion of existing rental projects to ownership forms of housing. Con- versions displace the tenants occupying those buildings, make it harder for them to find new living quarters by reducing the supply of rental housing, result in higher rents for these people and generally stir the emotional pot. Conversions can also have adverse effects on their new owners if the buildings were not designed for that type of use, are not properly reno- vated, or do not make adequate provision for management. Studies show that the majority of tenants in converted apart- ments do not buy their units largely because they cannot afford them. This can be attributed to the lack of ready financial resources needed to make a down payment and the tremendous in- crease in monthly payments to make the change. These can be • especially difficult for elderly on fixed incomes, the disabled who may have special accessibility problems, and families with children. Each of these groups would have difficulties in find- ing suitable substitute rental housing, especially if a tight or otherwise limited rental market exists. Page Nine Staff Report - Moratorium on Condominiums and Condominium Conversions • 4. THE HOUSING SHORTAGE The State of California has a serious housing shortage with demand falling further behind supply each year. The lack of new apart- ment construction has intensified this shortage problem forcing rents higher and reducing vacancy rates below the level desired to maintain a competitive market. Generally, a 5% vacancy rate would indicate a rental housing shortage. The vacancy information seems to provide the most valid premise to reg- ulate, and even prohibit, conversion activity but is unfortun- ately not readily available information. It should be pointed out that rental vacancy rates seldom include those single family dwellings which are available for rental occupancy. These types of shortages are felt primarily by those who are least able to afford it such as the elderly; the disabled; and, in some cases , families with children. Several recent Federal studies indicate that the shortage of rental housing supply is more properly associated with the lack of rental housing construction rather than the conversion of exist- ing rental housing to condominiums. Nationwide statistics indicate that since 1970 only 1. 3 percent of the rental stock has been converted. These studies also indicate that the desire for home ownership (i.e. market demand) is the usual driving force behind conversion. This suggests that the proper solutio• to the problem is to increase rental construction opportunities rather than to restrict condominium conversions. 5. CONSUMER PROTECTION Another issue is that of consumer protection. In California , in general, and in a community with the rural character of Atascadero, there is a bias favorable to detached single family dwellings creating a general unfamiliarity with problems encount- ered in group ownership of larger, attached buildings. Purchasers are less likely to spot structural or similar problems which may become known only after the sale. Even though the Depart- ment of Real Estate reviews maintenance and improvement budgets , it does not perform detailed inspections that might identify potential problems. Purchasers may not understand the respon- sibilities and needs of a homeowners' association since they often expect .less responsibility and maintenance than with a single family dwelling. However, the operation of an associ- ation may require extensive group participation in management and decision-making. While the premise of "let the buyer be- ware" is oft-quoted, there seems to be a growing mood towards added consumer protection. 6 . SUMMARY It must, however, be clearly established that there are no clea� cut answers to the issues raised here. Different communities Page Ten Staff Report - Moratorium on Condominiums and Condominium Conversions • will and must treat the issues differently based upon the make-up of the community and the goals, objectives, policies, and pro- grams of the community. Nevertheless, some of the pros and cons related to condominiums, community apartments, stock cooperatives and conversions to these uses can be identified. PROS CONS increases home ownership decreases supply of rental housing - reduces transiency/increased stability - removal of housing afford- able to low and moderate - provides added opportunity income persons for home ownership to lower income persons - results in overall higher housing prices - encourage renovation of existing building (conver ..` - displaces tenants sion) or recycling of older building into higher densi group ownership has potential ties (new construction) for special participatory management problems - conversions result in • increased assessed value Certainly there are some contradictions evident in the above and it seems essential to evaluate the pros and cons in dight of community values and concerns. ALTERNATIVE APPROACHES As was previously noted, many communities are studying these problems and many have already enacted various types of controls. Rather than simply attaching a number of sample ordinances , this effort will be directed towards listing the types of controls that are being considered or are in effect. It should be pointed out that many of these controls are directed towards conversions but can also be looked at in general application. An attempt has been made to organize the information by purpose or intent but clear-cut dis- tinctions are not always possible. 1. MAINTAINING A REASONABLE SUPPLY OF RENTAL HOUSING - establish a desired mix of rental vs. ownership housing and deny projects which will adversely affect that percentage ratio. - establish a rental vacancy rate which will allow denial of con- version projects when a shortage exists - limit the number of conversions to a specified number (sometimes based upon rental construction in the prior year) Page Eleven Staff Report - Moratorium on Condominiums and Condominium Conversions prohibit conversion of buildings that are part of the community' so low and moderate income housing stock require a reasonable percentage of new or converted units to be reserved for persons of low and moderate income require "in lieu" fees from a developer to be placed in a fund for the purpose of providing new low and moderate income housing . - increase densities or offer density bonuses for certain types of multiple projects review amount of land available for multiple family developments encourage lending institutions to finance rental and ownership multiple family housing developments - evaluate local government mechanisms and funding sources to more directly intervene into the housing market (i.e . housing authority, - CDBG funds, etc. ) 2 . TENANT PROTECTION (CONVERSIONS) - provide notice to tenants of consideration by the local government of a conversion request (SB 1645 now does this) • - consider conversion request based upon ability of low and mod- erate income tenants to find comparable housing within the community - require consent of a percentage of the tenants before a conversion can be approved - require a percentage of tenants to sign purchase agreements be- fore a conversion can be approved (SB 1838 does this) - require a number of units to be maintained as rentals for certain hardship cases - allow long-time residents to retain their rental status for a spec- ified period of time including the possibility of lifetime leases for the elderly - require developer to provide housing assistance payments to aid eligible low and moderate income persons - assure compliance with notice of intent to convert as set forth in Map Act - require notice of repair or remodelling to tenants • Page Twelve Staff Report - Moratorium on Condominiums and Condominium Conversions • 3. ASSISTING OR EASING THE TENANTS ' MOVE (CONVERSIONS) require provision of up-to-date information on comparable apart- ments - prohibit rent increases once notice of intent to convert is made - require return of various deposits made by tenants - provide for additional time for elderly, disabled, or persons with demonstrated special problems to find new housing - require developer to reimburse tenants for reasonable moving expenses 4 . FACILITATING OWNERSHIP - encourage discounts or other favorable terms for tenants pur- chasing their ownunitsin conversion projects - discourage speculation by requiring buyers to live in units for a specified period of time - discourage initial speculation by limiting sales to one per indi- vidual - restrict sales prices of converted units so that they are not removed from the low and moderate income housing supply 5. BUYER PROTECTION - require pre-sale inspection of converted buildings with infor- mation on building condition, any violations, etc. given to prospective buyers - require building history of converted buildings to be given to prospective buyers - require a warranty on the building and its systems - provide for a cooling-off period during which a prospective' buyer may change his mind - require a developer to establish an operating budget which contains a "sinking fund" to cover expected major maintenance and repair - require a professional management firm to assist the homeowners' association • - prohibit discrimination against groups such as the elderly, the disabled, families with children Page Thirteen Staff Report - Moratorium on Condominiums and Condominium Conversions - review the CC&R' s and provide for local government parti- cipation • in certain aspects of the maintenance and management of the homeowners ' association 6 . DEVELOPMENT STANDARDS require compliance with all building, fire, zoning and related codes in effect at the time a building is converted (rather than when it was constructed) - require correction of all violations for buildings which are converted require individual metering of all utilities - require shock-mounting of all mechanical equipment including major appliances establish higher building construction standards including, but not limited to, impact insulation, sound insulation, fire walls, and similar - provide for additional storage space require additional parking spaces including garages with auto- • matic openers - provide for laundry facilities within each unit - allow lower densities than for apartments - establish additional design criteria such as prohibiting "stacked" units, shared stairways, and similar require more open space and improvement or amenities within the open space - provide for upgrading renovation of common areas in converted buildings encourage use of low maintenance building and landscaping materials It seems obvious that a whole range of alternatives is being tried. Certainly, some are unpallatable, unworkable and unnecessary for the City of Atascadero. Many will also necessitate costly, cumber- some, and complex mechanisms in order to be effectively implemented. It should be pointed out that this listing was not provided with the intent of implementing them in this City, but rather to illustrate the range of alternatives and levels of involvements that are • possible. Page Fourteen Staff Report - Moratorium on Condominiums and Condominium Conversions • THE ATASCADERO SITUATION Oftentimes, the specific community considerations are based upon a wealth of statistical information most of which is either out- dated and not available in a desired form. At the direction of the Planning Commission, the Staff has conducted a quick and brief survey of housing in January, 1980 which included the following steps : 1. Obtain best available housing data from County including purchase price, rental cost, income, total units with breakdowns, vacancy information, construction trends and similar information. 2. Contact San Luis Obispo Housing Authority to get informa- tion on assisted housing programs and for any other rental data that is available. 3. Contact Board of Realtors, local realtors in rental market, Chamber of Commerce to get best available information con- cerning rental units now on market (number, location, cost, size, trends) including overall assessment of situation. 4 . Get the want ads for each unit now being advertised in the • local newspapers and contact to get information (number, location, size of project, rent, size, etc. ) including over- all assessment of situation. It should be noted that the data that follows comes from a variety of sources and is not internally consistent. In addition, some estimation and approximation has been applied to the "numbers . As a result, the data should be understood to be generalized rather than specific. Construction trends can be noted in the following table: UNITS : SFR/MH MFR MISC TOTAL 1976 3 , 975 571 41 4 , 569 1979 4,723 911 52 5,686 APT. CONST. : Nov 1976 1977 1978 1979 Jan 1980 Issued 3 240 78 15 3 Finalled --- 29 206 53 --- No Final --- --- 33 20 --- (avg. prof . size - 3 . 84) This table shows an increase in multiple family units between 1976 • and 1979 but also indicates tha most of the increase occurred in 1977 and and early 1978 with a significant downturn in the latter part of 1978 and in 1979 . Nevertheless, it is clear that the dominance of the single family residence (nearly 90%) over the multiple family residence (approximately 10%) will continue. Page Fifteen Staff Report - Moratorium on Condominiums and Condominium Conversions Information gathered on existing and unoccupied building sites would tend to retain a similar ratio. With this small number of multiple units, the conversion of as little as 30 or so units can represent an impact on the rental housing market. Furthermore, land use policy proposals will not significantly alter this trend. There has been no condominium or condominium conversion activity in Atascadero although approximately 180 units are pending. CONDO 4/71 - 1/80 0 CONDO 4/71 1/80 0 appl. but not built 88 CONV. Moratorium 57 no application 12 57 moratorium 34 134 An effort has also been made as part of the survey to generate some cost data. The San Luis Obispo Housing Authority continueally up- dates realtors and local newspapers as information sources . 0 bdrm 1 bdrm 2 bdrms 3 bdrms 4 bdrms April, 1979 178 199 264 333 --- September, 1979 156 210 265 323 --- Fair Market Rents 178 217 276 316 357 • It was also indicated that the Housing Authority assists 41 families living in Atascadero with their rent. As a comparison, the median sales price for a house in Atascadero is approximately $78 ,000 . Certain rough rules of thumb can be applied to housing costs and these are as follows : Monthly payment (incl. taxes and insurance) : 1% of loan Housing costs per month (rent or buy) : 250-33% of income Purchase Costs 2 .5-3 times gross annual income Using a median income of $16 , 250 , rental costs generally fall within these guidelines while purchase costs generally exceed levels of affordability. Obviously those below median income levels have a greater difficulty with the income/housing cost ratios . The survey that was conducted also evaluated the vacancy rate. Each local newspaper was checked and all local realtors who actively par- ticipate in the rental market were also contacted. This procedure • should result in finding most current vacancies. Page Sixteen Staff Report - Moratorium on Condominiums and Condominium Conversions • SURVEY OF "VACANT FOR RENT" units range available of rents avg. rent 0 bedrooms 1 --- --- 1 bedroom 5 180-230 211 2 bedrooms 19* 225-330 295 3 bedrooms 0 --- --- 4 bedrooms 0 -- --- 25 *8 two bedroom units are available for rent ($375/month) or " sale in the Quail Ridge development, but are not included in this data. Excluding the Quail Ridge units, the apartment vacancy rate within Atascadero is 30 . This figure is generally the lowest desirable one to allow reasonable mobility for renters . In all likelihood, the above information is indicative of a "tight rental housing market which, coupled with limited new apartment construction, is probably going to continue for some time into the future. Knowing this should affect the level of control to • be implemented as a result of this study. However, it should also be pointed out that the General Plan places strong faith in the "free play of market forces ." STAFF COMMENTS In reviewing numerous draft ordinances, reports, studies , newspaper articles and similar media related to this controversial issue, it does appear that many address the symptoms rather than the problems . Addressing the symptoms achieves certain short term results, mini- mizes some controversies, and salves the emotions but does not attack the real problems . It appears that the primary efforts should be directed towards the construction of rental housing. In this regard a review of development standards especially the density limitations contained in the General Plan seems highly appropriate. Furthermore, a review of land use and zoning for multiple family development could also be considered. The immedi- acy of these actions does not, however, seem imperative. - Much of the rest of the effort should fall on the private sector (lenders , builders) and on State and Federal actions. If these efforts are not successful, then the City could eventually focus on more inter- vention by investigating other funding sources and mechanisms . Since this report and these comments are made in conjunction with • consideration of the current moratorium, it is necessary to point out the possible actions that are available. These include: Page Seventeen Staff Report - Moratorium on Condominiums and Condominium Conversions 1. Allow the moratorium to lapse. This can be combined with a • directive to do additional studies as suggested in the "Comments section above. 2. Extend the current moratorium. Since a draft ordinance has not been prepared, some extension must be made if revisions are the accepted alternative. The Government Code would allow a maxi- mum extension of one more year although a shorter time could be specified. The minimum extension to allow for preparation of an ordinance, public hearings , and adoption and effective date of an ordinance would be approximately four months . 3 . Modify the moratorium. Projects previously filed could be al- lowed to proceed and projects with less than a certain number of units could be exempted from the moratorium. In the event that Alternative #2 is recommended, Staff will be pre- pared at the Commission meeting with a _"shopping list" of possible ordinance provisions for discussion and comment. This will facili- tate the preparation of a draft ordinance minimizing any further time delays necessitated by the moratorium. It will also provide Staff with a better idea of the Commission' s perception of the problems . To prepare for this, a close review of possible ordinance provisions is available in the "Alternatives" section of the report. In addition, numerous ordinances from other jurisdictions are avail- able vail able for review in the Planning Department. FINDINGS 1. The scarce supply of rental housing is less affected by the construction of new condominiums and the conversion of apart- ments to condominiums than it by the lack of rental housing construction associated with the cost of land, the availability of financing, the scarcity of properly zoned land and inflation. 2 . Problems associated with tenant displacement can best be hand- led by encouraging an increased supply of rental housing en- hancing tenant mobility and choice. 3 . Adequate provision for consumer protection and the dissemination of information to prospective buyers is available through the Public Report prepared by the Department of Real Estate. 4 . Development standards required by lending institutions in order to finance conversion projects should be adequate to assure constructed and maintained dwelling units are not converted without needed upgrading. 5 . For the most part, development and construction standards for apartments and condominiums should not be significantly different• 6 . In an era where there is an apparent desire for less government, condominium owners should expect to operate and maintain their Page Eighteen Staff Report - Moratorium on Condominiums and Condominium Conversions • ownr ' p o�ects through C.C. and R s . 7. The free play of market forces is the preferred alternative in working towards solutions for existing housing problems . RECOMMENDATION Based upon the Findings, the Planning Department recommends as follows : 1. The moratorium on condominiums and condominium conversions be allowed to lapse. 2. Studies be made to evaluate the effect of existing zoning regulations on multiple family housing construction. ACTION The Planning Commission should by motion direct Staff to transmit a recommendation on the moratorium for consideration by City Coun- cil at the public hearing on November 24 , 1980 • REPORT PREPARED BY: ZaA.,",� L IRENCE S YENS Planning D ector /Ps • ROBERT J.W ILKINS.Jt. MAYOR WILLIAM H.STOVER MAYOR PRO-TEMPORE aee ts GEORGE P. HIGHLAND "Q*ajM MARJORIE B. MACKEY INCORPORATED JULY 2. 1979 ROLFE NELSON ADMINISTRATION BUILDING MURRAY L.WARDEN ,c CITY MANAGER/CLERK POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93422 FIRE DEPARTMENT PHONE (805) 466.8000 6005 LEWIS AVENUE ATASCADERO,CA 93422 (805) 466.2141... REPORT FROM THE CITY ATTORNEY For the Council Meeting ,of November 24, 1980 No. 8 • 1. CITY OF ATASCADERO, PLAINTIFF AND RESPONDENT, VS. KATHLEEN E. DALY, ET AL. , DEFENDANTS AND APPELLANTS The City of Atascadero submitted its reply brief in the above case last week. Appellants now have 30 days within which to file their reply brief. Copies of the City's brief have been made available to members of the Council. 2. ROLAND SNOW, ATASCADERO FIREFIGHTERS ASSOCIATION, PETITIONERS, VS. CITY OF ATASCADERO, CITY COUNCIL OF CITY OF ATASCADERO, AND MURRAY WARDEN, CITY MANAGER, RESPONDENTS This case was filed on November 5, 1980 with the County Clerk of San Luis Obispo County, but has not been served on Respondents since the case was filed, although it was served prior to the time of its filing. The object of the case is to obtain a courtordermandating the City to recognize the provisions of the Memorandum of Understanding entered into on June 24, 1979 between the Atascadero Fire,Protection District and the Atascadero Fire- fighters Association. The City Attorney will respond to the petition. 3. REPORT OF THE- LEAGUE OF CALIFORNIA CITIES LEGAL ADVOCACY COMMITTEE The Legal Advocacy Committee Report of November 13, 1980 is attached for your information. Of the 50 cases of significance to cities reviewed by the Com- mittee, only two were approved for amicus participation. I do not feel that we have a substantial interest in either of those,- and therefore make no recommendations for amicus participation at this time. REPORT FROM THE CITY ATTORNEY No. 8 - Page 2 4. RECENT DECISIONS OF INTEREST a. Civil Procedure Applicable to Government The C.A. 5th has held that a class action claim may satisfy the statutory requirements set forth in the Government Tort Claims Act for filing claims against governmental agencies. (Dhuyvetter v. City of Fresno, September 25, 1980) b. Freedom of Information Act The U.S. Court of Appeal for D.C. has held that a legal advisor's advice to a governmental agency is exempt from Freedom of Information Act dis- closure under Exemption 5 as interagency memoranda and part of the delib- erative process, though not necessarily under the attorney-client privilege. (Brinton v. Dept. of State) C. City Trespass Law The C.A. 2nd has held that state general laws governing trespass on public school property do not preempt municipal trespass ordinances. (Rudolfo, Q.A., A Minor, October 2, 1980) d. Suit for Emotional Distress The C.A. 4th has held that an employee who alleges that his employer or , co-employees acted outside the course of their employment to inflict emo- tional distress on him is not limited to a worker's compensation claim for benefits, even if the worker claims he also suffered bodily injury. (Lagies v. Copley, October 6, 1980) e. Adopting Development Plan The C.A. 4th has ruled that the enactment of a general plan for future development of an area which indicates a potential public use of privately- owned land does not amount to inverse condemnation. The Court noted that local government activity of this sort may be held invalid only when its effect is to deprive the landowner of substantially all reasonable use of his property. The Court concluded that neither the zoning ordinances, the annexation procedures, nor the general plan of the county so deprived the partnership of all reasonable use of the land, since many uses could still be made of the property. (Rancho La Costa v. County of San Diego, October 9, 1980) f. County Employee: False Imprisonment The Court of Appeal has held that a public employee who maliciously arrests and imprisons a person by personally serving an arrest warrant obtained through ,false information may not claim governmental immunity. Thus, although employees are immune from malicious prosecution claims, they may be liable for false imprisonment, under the court opinion. (McKay v. County of San Diego, October 24, 1980) is REPORT FROM THE CITY ATTORNEY • No. 8 - Page 3 g. Water Shut Off for Nonpayment of Garbage Bill The Supreme Court of California has held that due process guarantees were satisfied by city ordinances which provided that water service, sewer service, and garbage collection and disposal service should be billed to residents on a unified basis, and that upon failure to pay the bill in full, water service should be discontinued. (Perez v. City of San Bruno, ` August 14, 1980, 27 C.3d 875) h. Public Employees Retirement System The Appellate Court has held that PERS "safety member" election for male police communications workers is unconstitutional, and it extended to females the applicability of Government Code Section 20020, making females eligible to become "safety members". (Fenske v. Board of Administration, March 20, 1980, 103 C.A.3d 590) i. Fund Solicitation The U.S. Supreme Court has held that an ordinance prohibiting fund solici- tation under certain specified regulations is unconstitutional as overbroad and violating First Amendment rights. The ordinance was a city ordinance prohibiting the door-to-door or on-street solicitation of contributions by charitable organizations that did not use at least 75 percent of the • receipts for charitable purposes, etc. (Schaumburg v. Citizens for Better Enviro nt, February 20, 1980, 63 L.Ed.2d 73) Respectfully s mitted, ALLEN GRIMES City Attorney AG:fr Attachment • +1 �I (�fqa cYq'/�'7 n�� [,�7• � cry�. "F,.W.r1�r�1 6a' `) '7,' )fl'-t- '} L�a�\r✓1�w 4.e V`r'r� ce✓r `,ryV.a.:�V.�� .c u�.✓.: ..,i�u:..I v.r7W California Cities Sacramento, CA Work Together November 13, 1980 TO: All City Attorneys RE: Legal Advocacy Committee Report and Recommendations At its regular meeting on October 17, the Legal Advocacy Committee reviewed approximately fifty cases of significance to cities now pending in both the federal and state courts, at the trial and appellate levels. In two of these, the Committee and the League Board of Directors have taken action approving amicus participation by consenting cities. All City Attorneys are urged to make special note of these cases first reported below. AMICUS APPEARANCE BY CONSENTING CITIES APPROVED The case of City of Huntington Park v. Wood, now pending on appeal by the City, involves a constitutional challenge to Civil Code §3333.1which was added as a part of the California Medical Injury Compensation Reform Act in 1975 during the so-called health care or medical malpractice crisis. This law prevents the employer of a medical mal- practice victim from recovering any worker's compensation benefits paid because of the malpractice. The City of Huntington Park is self-insured for worker's compensation and spent approximately $155,000 because an employee was the victim of medical mal- practice. When the City sought to recover this amount from the negligent physician • and hospitals, the trial court denied the claim on the basis of §3333.1. On appeal the City contends that this statute, which prohibits recovery of worker's compensation payments simply because the third party tort feasor is a physician, violates constitutional equal protection and due process guarantees. Recognizing the present and potential impact of the statute and an adverse ruling on appeal, the Committee and Board of Directors have recommended that consenting cities join in an amicus curiae brief to be filed in. support of the City of Huntington Park. All City Attorneys are urged to consider joining as amici in the case and to do so should contact: Robert Flandrick Attorney at Law Burke, Williams & Sorensen 707 Wilshire Blvd. , #3300 Los Angeles, CA 90017 (213) 485-0101 An amicus recommendation was also made with respect to the case of City of Chula Vista v. California Coastal Commission, a mandate action pending in the trial court in which the City seeks to require the Commission to approve its local coastal plan. The action was commenced following certification of the City's plan because the Commission imposed conditions on its certification which the City alleges "effectively gut the City's LCP" and as so conditioned the LCP is infeasible of implementation. The LCP as submitted for certification was the product of several years planning for the development of the City's bayfront which preceded the enactment of the Coastal Act and because of the progress which had been made in the plan at that time the Commission agreed to process the plan as a "pilot project" under the Act. Despite the City's continued coordination • with several governmental agencies to resolve the environmental concerns raised by the 400K STREET•SACRAMENTO 95814 HOTEL CLAREMONT BERKELEY 94705 900 WILSHIRE BLVD.SUITE 702 LOS ANGELES 90017 t9 t til•:4.1-�:ilQ 0 t 5)g.Ci;GS3 (213)624.4934 0 1 LCP, the holding of a total of 14 public hearings respecting it, and approval of the LCP by the Regional Commission, following staff recommendations the State Com-nissin certified the City's LCP with conditions which substantially change the plan. While , many other contentions are made, the thrust of the City's action is that the certifi- cation of a local coastal program by the Commission with conditions is contrary to the certification procedure required by Public Resources Code §30512 which states in part that the Commission "shall . . . either refuse certification or certify in whole or in part, the land use plan." While the State Commission's resolution of certification pursuant to §30512 "certifies the total local coastal program for the City of Chula Vista" it proceeds to qualify the certification by indicating that it is subject to conditions. It is therefore argued that since §30512 (c) does not provide for adding conditions to the certification of an LCP, the Commission's action with regard to the Chula Vista plan is in violation of clear statutory requirements. Some cities have already either filed amicus curiae briefs in the case or have indicated support for the Chula Vista position. The City Attorney of Santa Barbara is presently preparing an amicus curiae brief in which other interested cities are invited to join. In accordance with the recommendations of the Committee and League Board of Directors those wishing to join as amici in the Santa Barbara brief should so indicate no later than December 1 to Fred Clough City Attorney City Hall - P.O. Drawer P-P Santa Barbara, CA 93102 (805) 963-0611 FILING OF INDIVIDUAL AMICUS BRIEFS INVITED In light of the U.S. Supreme Court action noting probable jurisdiction in Metromedia Inc. • v. City of San Diego, the Committee took action inviting the filing of individual amicus curiae briefs in support of the City before that court. The issues are basically those which were decided favorably by the State Supreme Court in its opinion on rehearing (26 Cal. 3d 848). Therein the city ordinance banning all off-site advertising billboards and requiring the removal of existing billboards following expiration of an amortization period was upheld on grounds that its recited purposes of eliminating traffic hazards and improving the appearance of the city were proper police power objectives. The state , court further held that the ordinance ban on commercial off-site billboards did not abridge freedom of speech or press since it did not seek to suppress the content of the advertiser's message, served significant governmental interests and left open adequate alternative means of communication. The state court did, however, hold that the ordinance was partially preempted by the State Outdoor Advertising Act to the extent that the ordinance required removal without compensation of billboards within 660 feet of federal interstate, and primary highways for which compensation is required and to that extent the ordinance was invalid. Any City Attorney interested in filing an amicus brief in support of San Diego before the U.S. Supreme Court is urged to notifiy: John W. Witt City Attorney , City Administration Building 202 C Street San Diego, CA 92101 (714) 236-6220 INFORMATION ONLY • The Conumftcec took notion simply directing, the dissemination of information with respect C►� l:l►a l:oJ.luw1��K .�eas�a: -2- f. # 0 The Sierra Club v. Board of Supervisors of Los Angeles County et al, an action by which plaintiff sought to halt a large residential development in a section of the Santa Monica mountains, alleging that the zoning change and subdivision approval permitting the development were invalid because the County's general plan was legally inadequate for lack of an adequate housing element. In granting the preliminary injunction the Superior Court noted that the zone change and subdivision approval were effectuated during the so-called "hiatus period" when the county was without an authorized extension granted by HCD for the adoption of a housing element. While the County had argued strongly against the contention that the state housing element guidelines are mandatory and the court construed those guidelines as -mandatory, the ruling with respect to the adequacy of the County's housing element appears to have been directly based upon a determination that the element failed to meet the statutory requirements for same, the court noting that the County's housing element "does not appear to have content sufficient to satisfy requirements mandated by the 1971 and 1973 amendments to §65302 (c) , and, therefore, appears to be inadequate under the present statute." The County Counsel's office has indicated that the case will not be pursued further. City of Sunnyvale v. Cory et al, an action pending in the Sacramento County Superior Court by which the City seeks to recover the full amount of its bail-out funds under Government Code §§ 16250 et seq. While the Controller had first made a "final deter- mination" that the City's reserves were so high that it would be entitled to no part of its share of the bail-out monies, extensive negotiations led to the securing of the payment of a portion thereof. In the present action to recover the remainder, the issues involve the characterization by the Controller,as "general reserves", funds held by the City in the form of non-negotiable certificates of deposit treated by the City as investments, annual rental payments owed by the City to its Redevelopment Agency for a downtown parking facility which should have been treated as a contractual obli- gation of the City, and amounts committed to a capital outlay project prior to June 6, 1978 which were not properly excluded from general fund reserves by the Controller • because of his failure to recognize the method of such commitment employed in the City's unique budgetary system. The case is pending and awaits a trial date. I.S.L.E. v. County of Santa Clara et al, an action pending in the Santa Clara County Superior Court by which plaintiffs seek to set aside 16 island annexations to Sunnyvale. The action is based upon allegations that the island annexation provisions of the MORGA are unconstitutional in that they deny to the residents of the territories the right to vote on the issue of annexation. Plaintiffs also contend that because multiple island annexations were conducted at one time the annexation should have been treated and conducted as a municipal reorganization, thus providing the right to protest and to vote. The City's demurrer has been overruled and the court has indicated that an early trial date should be sought, apparently with a view toward likely appellate review. Of note is the earlier ruling of the court that for purposes of Government Code §35004 an action attacking the regularity or validity of proceedings completed under the MORGA is "brought" when it is filed rather than upon completion of jurisdiction as set forth in CCP §862. Ferrini et al. v. City of San Luis Obispo et al, an action for declaratory relief challenging the validity of an initiative measure approved by the city electorate which amended the City Charter purporting to condition the annexation of territory to the city upon approval by a vote of the city electorate. By a ruling filed in July the trial court concluded that the charter amendment is invalid as without authority under the State Constitution and is preempted by statute, the court noting that the MORGA "represents a delicately balanced, comprehensive set of annexation procedures which precludes supplemental legislation at a local level." An appeal from the ruling has been filed by the City. • -3- r � • v Pugh v. City of Sacramento, an action challenging the validity of the City's real • property transfer tax ordinance which was adopted as an urgency measure on June 29, 1978, after the election on Proposition 13 but before its presumed effective date. The case is now pending in the Third District Court of Appeal on an appeal by the plaintiff following a trial court ruling sustaining the City's demurrer without leave to amend. The sole issue involved is whether Proposition 13 was effective on the date of the election or on July 1, 1978. City Attorneys interested in further details or possibly assisting the City at the appellate level are urged to contact Theodore M. Kobey, Assistant City Attorney, 812 10th Street 11201, Sacramento, CA 95814 (916) 449-5346. Oates v. City of Sacramento, another challenge to the City's real property transfer tax which is pending in the trial court and will not be pursued until the issue in the Pugh case is resolved. An additional issue raised relates to the validity of the urgency ordinance under the pertinant charter provision which unlike most city charters does not include tax measures as a proper subject for an urgency ordinance. _City of San Jose v. South, a validation action brought to establish the validity and exempt status under Constitution Articles XIII A and B of maintenance districts formed by charter cities on a benefit formula. A favorable trial court ruling was expected and an appeal planned in order to establish precedence similar to Malmstrom v. County of Fresno, the Proposition 13 special assessment validation action. San Luis Obispo Housing Coalition et al. v. City Council of Arroyo Grande et al, an action brought by an association of residents of the County of San Luis Obispo formed for the purpose of developing and advocating the development of low and moderate income housing in all areas of the county. Arguing that the state housing element guidlines are mandatory and require each city to include in its housing element provision for low and moderate income housing, plaintiffs sought to halt further city zoning actions • and subdivision approvals on the basis that such could not meet the general plan consistency requirements because lacking a conforming housing element there was no legally adequate general plan. Ruling in favor of the City's argument that the state housing element guidelines are simply advisory, the trial court granted the City's motion to dismiss. While there were indications that plaintiffs would file an appeal, there is some question whether the declared intent to do so will be pursued in light of the enactment of AB 2853 (Chapter 1143) which declares that the housing element guidelines are advisory only. Citi of Hayward v. California Transportation Commission et al, an action seeking to compel the state to honor its freeway ageements with the City to complete the construction of state freeway routes 238 and 92 through the city. The suit was filed following the actions of the State Transportation Commission indicating its intention to recind the freeway routes through the city and sell the land as surplus property at a point in time when it had acquired by negotiation and/or condemnation approximately 85% of the property required and necessary for the construction of both routes, had cleared a portion of the right-of-way acquired, and caused the City to effectuate street closures and the relocation of streets and utilities. The case is in the early pleading stages. Citv of South Lake Tahoe et al. v. California Tahoe Re ional Planning Agency et al, now pending before the U.S. Supreme Court on petition for certiorari by the City following decisions by the federal trial court invoking the abstention doctrine and the Ninth Circuit Court of Appeal declining to rule on the abstention or merits of the case on the basis that the City and its elected officials had no standing to assert constitutional rights against the state. By its action the City sought injunctive and declaratory relief with respect to the constitutionality of certain ordinances and plans propounded by the defendant agency as they relate to the City's police power. In its petition to the U.S. Supreme Court the City contends, inter alia, that locally elected officials have standing to pursue constitutional issues as against the state due to their own potential personal liability while serving on regional_agenciesand by virtue of their -4- oaths of office and that the Ninth Circuit ruling on the standing issue was in direct conflict with the court's decision in Owen v. City of Independence in that the elimination of the good faith immunity in civil rights actions gives the city a direct financial stake from a liability standpoint in the issue of the validity of ordinances which it is required to adopt and carry out. In the event certiorari is granted the City will be seeking amicus assistance. People v. Tolman, in which by a 2 to 1 decision the Appellate Department of the Los Angeles County Superior Court has upheld a judgment of conviction of defendant for permitting a 7 1/2 ton truck-tractor to be parked in the driveway of her residence in violation of the Temple City zoning ordinance prohibiting the parking of commercial vehicles in excess of 3 tons on any part of R-zoned property in excess of 30 consecutive minutes unless actual loading or unloading of the vehicle was in progress. Against defendant's constitutional challenges and relying heavily upon the Metromedia decision (26 Cal. 3rd 848) , the Court concluded that "the ordinance bears an adequate relation to the general welfare by being considered as a regulation of the aesthetic appearance of residential neighborhoods" and denied that the ordinance deprived defendant of her property without due process of law noting that the "amortization period" sanctioned by the court in Metromedia could be here considered as the time from the adoption of the ordinance to its enforcement against defendant which was a period of fourteen months. Also holding that the ordinance did not deny defendant equal protection by distinguishing between commercial trucks of under 3 tons and campers on the one hand and vehicles such as defendant's on the other, the Court commented that "it is not necessary for a public body to regulate all possible harms at one time- [and] small pickups and campers could easily be viewed as more associated with residential and recreational purposes than the truck-tractor involved here and other heavy commercial vehicles". People v. Sekona, in which, at the instance of the City of Culver City, the Los Angeles County District Attorney's office obtained a conviction of one count of perjury against defendant. The criminal action was instituted following a decision in Sekona v. City of Culver City by which the City was required to pay workers' compensation benefits to plaintiff as a tree-trimmer employee of the City. In the workers' compensation proceedings the employee had denied that he was capable of working but surveillance films showed him to be self-employed as a tree-trimmer during the period he claimed to be disabled. As a part of the sentence on the perjury conviction the defendant was required to make restitution to the City of the workers' compensation payments. City of Modesto v. Fair Employment and Housing Commission, Reddig Real Party in Interest, wherein the San Francisco Superior Court has granted the City's petition for writ of mandamus directing the defendant Commission to set aside its decision that the City had violated Labor Code §1420 (a) by discharging Mr. Reddig. The discharge occurred after Reddig, who had been a temporary city employee, applied for a permanent building inspector position with the City, was offered that position contingent upon his passing a physical examination, and recommendations of the City's physician and risk management consultant that Reddig's chronic heart and lung ailments placed him in a very high risk category relative to disability while working. Following discharge, a complaint was filed with the Commission which led to the filing of a formal accusation alleging that the City had violated 41420 (a) which prohibits discharging an employee due to physical handicap. Against the City's principal affirmative defense that Reddig's physical condition authorized the discharge under §1420 (a) (1) permitting an employer to discharge a physically handicapped employee due to such handicap, an administrative law judge and subsequently the Commission found the City in violation of §1420 (a) and ordered Reddig's reinstatement with back pay. A hearing is presently set for the purpose of settling . findings of fact and conclusions of law and it is expected that the Commission will file an appeal in the case. -S- f OTHER CASES CONSIDERED • The Committee also received status or original reports as indicated with respect to the following cases: City of Pomona v. The Christian FellowshiR Center et al, in which defendants have noticed an appeal following a ruling of the trial court that the City's gross receipts business license tax imposed on organizations licensed to play bingo was valid. By its action for money due on unpaid license tax assessment, the City argued successfully that the business license tax which exceeded the maximum amount allowed under Penal Code §326.5 was nonetheless valid under the municipal affairs authority of the charter city. Agreeing with this position, the court in its ruling noted that the City is "a charter city will full authority in municipal affairs including the power of imposing taxes to raise revenue; a power that is indispensible to its existence." Committee consideration of possible amicus assistance was deferred until the next meeting. City of San Mateo v. Workers' Compensation Appeals Board and Weber, now pending on appeal by the City from a WCAB ruling made pursuant to Government Code §21026 giving the Board jurisdiction to resolve disputed "causation" of a disability for which a local safety member of PERS has been retired. The City had retired a fire fighter for his inherent predisposition to bronchospasm upon exposure to smoke or fumes and the workers' compensation judge ruled that the aggravation of the predisposition rendered the disability industrial. It is the City's position that the WCAB exceeded its jurisdiction under §21026 by independently determinirig that an alleged non-industrial disability, upon aggravation by an industrial occurrence, supported industrial disability retirement since the Board's jurisdiction is limited "solely to the issue of industrial causation", i.e. to a factual ruling on the preponderance of the evidence that the disability determined by the employer to be disabling is or is not industrially caused. The City will, therefore, contend that the WCAB ignored the City's evidence as to • fundamental causation. Since the case on appeal may well be one of first impression the Committee has appointed a subcommittee to review the details of the litigation toward the possibility of recommending affirmative action by the Executive Committee on the amicus request. Cherrylee Gardens v. County of Los Angeles and City of El Monte, an action recently filed seeking a tax refund of the amounts paid for the 1978-79 tax year levied by the County for the City to fund a prior voter approved pension system. Because this, as well as the Watsonville and San Gabriel pension override tax cases raising similar issues as to the meaning of the term "indebtedness" in Proposition 13, are at the trial court level, final Committee action with respect to amicus participation by other interested cities has been deferred. People Ex Rel. Stutrud v. City of Novato et al, an action previously reported in detail and in which the trial court has ruled that the City's general plan is inadequate for failure to have legally adequate housing, noise, land use, open space, and seismic safety elements and because the general plan is not internally consistent or integrated as required by Government Code §65300.5. While the trial court did not hesitate to conclude that the state housing guidelines are advisory only, it granted a preemptory writ requiring the City to bring its general plan into compliance with law as promptly as possible, ordered it to submit evidence that an extension agreement has been entered into with the Office of Planning and Research, and ordered that no developments or subdivision maps be approved and no permits issued or zoning ordinances adopted except in full compliance with such agreement. The City has been negotiating with OPR for such an extension agreement, and findings of fact and conclusions of law are being • formulated. r -6 G People v. Alexander, in which as previously reported the Appellate Department of she Superior Court of Los Angeles County filed an opinion and judgment upholding the Los " Angeles rent control ordinance. Publication of the Appellate Department ruling as • requested by the City was refused and thus the case is final. County of Los Angeles v. Marshall, the unemployment insurance case by which the public agency plaintiff sought to have the U.S. Supreme Court. determine that this federal law extending its coverage to state and local governments is unconstitutional. It was noted that the Supreme Court at the beginning of this term denied the petition for certiorari. Toso v. City of Santa Barbara, 101 Cal. App. 3d 934, wherein the appellate court held that the City's "precondemnation" activities were not so unreasonable as to warrant damages in inverse condemnation and held that the trial court erred in its conclusion that the denial of the developer's rezoning application was a quasi judicial act reviewable under CCP §1094.5 rather than a legislative act subject to §1085. It was noted that this appellate opinion is now final, both the state and U.S. Supreme Courts having denied review Lhereof. Bock v. City Council of Lompoc , 109 Cal. App. 3d 52, in which the appellate court held that a proposed initiative establishing city owned electrical utility rates was properly rejected for the ballot but that such rates are not "taxes" so as to bring the initiative within the context of the "special taxes" provisions of Proposition 13 and the initiative process. It was noted that a petition for hearing has been filed and the Supreme Court has extended to December 10 its own time for acting on the petition. County of Los Angeles v. Berk, 26 Cal. 3d 201, in which the court confirmed the • establishment of an implied in law dedication as a public beach recreation easement on certain private shoreline property. It was noted that the property owner's petition for writ of certiorari was recently denied by the U.S. Supreme Court. Martin v. City of Beverly Hills, in which as previously reported in detail the City had filed across-complaint against the state for failure to comply with statutorily mandated duties to assist cities in interpreting and enforcing the provisions of the Health and Safety Code relative to access to public accommodations by physically handicapped persons which in the principal action plaintiff claims the City violated. It was noted that the trial court overruled the demurrer filed by cross-defendants to the City's cross-complaint on the stated grounds that under the circumstances alleged in the cross-complaint the City had stated a cause of action against the Attorney General, the Director of the Department of Rehabilitation and the State Architect. Music Plus Four, Inc. et al. v. Duncan et al. , now pending on appeal following trial court invalidation of the drug paraphernalia ordinance of the City of Orange which prohibits the entry of minors into any room or enclosure in any "swap meet" or place of business selling or displaying for the purpose of sale any such paraphernalia unless accompanied by a parent or,legal guardian. It was noted that the City Attorney of Lakewood has filed an amicus curiae brief in the appellate court and anticipates that the case will be orally argued in 'November. The Record Factory v. City of Fremont, in which the Alameda County Superior Court granted the City's motion for summary judgment after denying injunctive relief to plaintiff in its action attacking the validity of the City's Lakewood-type ordinance prohibiting • the display of drug paraphernalia in the city. , -7- 1 .1 Mober _v. Civil Service Commission, an action by a non-probationary police officer who after refusal to return to work on the police chief's order was declared to have • abandoned his job. The principal issue in the case is whether the 90-day statute of limitations to seek judicial review of employment termina�:ion, established by an ordinance adopted by the City pursuant to CCP §1094.6, may be equitably tolled for the period of time that the employee was pursuing worker's compensation and unemployment benefits claims. After the trial court sustained the City's demurrer to the complaint, petitioner filed an amended complaint and the City filed a motion for summary judgment which it expects will be granted. Brighton Park-Riverside et al. v. City of Riverside et al. , an action by developers for general and punitive damages based on the alleged failure of city building officials to carry out the alleged mandatory inspection and other duties imposed on them by the Uniform Building Code which allegedly resulted in the construction of an apartment project by plaintiffs in violation of that code and required expenditures by plaintiffs to bring the project up to code standards. The City expects that its demurrer will be granted without leave to amend. Gaines v. Chamber of Commerce of Morro Bay et al. , an action by which plaintiff seeks repayment to the city of the sum it paid to the Chamber of Commerce under contract entered into pursuant to action of the three member City Council allegedly in violation of an initiative ordinance limiting city expenditures for "community promotion activities" and allegedly in violation of Government Code §1090 et seq. in that one of- the three council members had a disqualifying interest in the contract as an officer and member of the Chamber of Commerce. The City has demurred to the complaint and the case is under submission. Solano Irrigation District v. Solano County et al. , presently pending on appeal by • petitioner following a trial court ruling in favor of the City of Fairfield in the mandate action. The issues presented are whether Government Code §35102 require a plan for providing services when a property owner initiates annexation, whether Government Code §54790.2 requires that LAFCO not approve annexation of open space 'lands when there is undeveloped vacant land within the city, and whether Government Code §65402 (a) requires County Planning Commission review prior to LAFCO consideration of annexation where the land in question is pre-zoned. The next regular meeting of the Committee will be held on January 16. Information concerning any case submitted for consideration by the Committee should be conveyed to the appropriate member and the Sacramento office of the League at least one week in advance of that meeting. Carlyn F. Galway Senior Staff Attorney CFG/mba -8- ORDINANCE NO. 33 • AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 1 TO TITLE 4 OF THE ATASCADERO MUNICIPAL CODE, ENTITLED ANIMALS The Council of the City of Atascadero ordains as follows: Section 1 . Chapter 1 of Title 4 is added to the Atascadero Municipal Code to read as follows : TITLE 4 PUBLIC SAFETY Chapter 1 . Animals Article 1 General Provisions 4-1. 101. Establishment of public pound. A public pound is authorized and established, and it and any of its branches shall be located at such place as shall be fixed from time to time by the City Council . The public pound, and any of its branches, shall be provided with suitable buildings and enclosures to adequately keep and safely hold: all dogs, cats, or household pets subject to be impounded by the provisions of .this • Chapter. 4-1.102 . Contract for animal control services. The City Council may contract with the County of San Luis Obispo for the performance of such animalcontrolservices as may be desired to implement, enforce or execute the provisions of this Chapter. In the event such contract is entered into, then the authority, duties, obligations and responsibilities assigned herein to the Animal Con- trol Officer, as defined or limited by such contract, shall become the authority, duties, obligations and responsibilities of the Di- rector, Department of Animal Regulation, County of San Luis Obispo. 4-1. 103 . Authority of Chief of Police. The provisions of Section 4-1. 101, above, notwithstanding, the Chief of Police shall be responsible for and shall have authority to exercise the duties, obligations and responsibility for all pro- visions of this Chapter not otherwise provided for by contract executed under Section 4-1. 102 above 4-1. 104 . Animal Control Officer - Duties. There shall be in this City a Chief Animal Control Officer resnonsible for the administration of animal control regulations. • It shall be the duty of the Chief Animal Control Officer and his duly authorized deputies and employees to carry out and enforce the provisions of this title and all applicable statutes of the State and to be in charge of the public pound. It shall be the duty of ORDINANCE NO. 33 the Chief Animal Control Officer to provide patrols of the City from time to time and without public notice for the purpose of en,- forcing the provisions of this Chapter. 4-1. 105. Animal Control Officer - Citation authority - Authority, to carry weapons. (a) The Chief Animal Control Officer and his duly authorized deputies shall have the power to issue citations pursuant to Chapter 4 , Ordinance No. 10, dated August 13 1979 , establishing City of Atascadero Municipal Code. (b) Animal Control Officers, when acting in the course and scope of their employment, shall be and are authorized to carry on their person, or in official vehicles, loaded firearms or weapons of the type approved by the Chief An- mal Control Officer for the limited purpose of use with respect to rabid or injured animals. Each officer shall qualify under California Penal Code Section 832 in the use of firearms, 4-1. 106. Badges The Chief Animal Control Officer and his duly authorized and appointed deputies, while engaged in the execution of their duties , shall each wear in plain view a badge having, in the case of the Chief Animal Control Officer, the words "Chief Animal Control Office and in the case of the Deputy Animal Control Officers, the words "Deputy Animal Control Officer" engraved thereon. Any person who has not been appointed as an Animal Control Officer, or whose appointment has been revoked, who shall represent himself to be or shall attempt to act as an Animal Control Officer shall be guilty of a misdeameanor. 4-1. 107. Record of -poundmaster. The poundmaster -shall keep a written record of the number, des- cription and disposition of all dogs, cats and household pets impounded, showing in detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming , redeeming or receiving such dogs, cats or household pets, the reason for destruction and such additional records as from time to time may be necessary. 4-1. 108. Reports The Chief Animal Control officer shall make a monthly report to the City Manager, or as often as may be required, of the actions , transactions and operations of the public pound. 4-1. 109. Unnecessary noise. It is unlawful for any person to keep, maintain, or permit on any lot or parcel of land, any dogs, cats , or household pets, poultr* or other animal, which by any sound or cry shall disturb the peace 2 _ ORDINANCE NO. 33 • and comfort of the neighborhood. 4-1 . 110 . Abatement of noise or nuisance. Whenever it shall be affirmed in writing by three (3) or more persons living in separate dwelling units in the neighborhood that any dog, cat, animal , poultry or household pet is a nuisance by reason of howling, barking, or other noise, or is in any other manner causing undue annoyance, that shall constitute a public nuisance, the Animal Control Officer, if he finds such public nuisance to exist , shall serve notice upon the owner or custodian that the public nui- sance shall be abated or the animal shall be impounded in a legal manner. If the nuisance and annoyance cannot be successfully abated and the Animal Control Officer determines it necessary to impound such dog, cat; animal , poultry or household pet, he shall not permit the reclaiming or redemption of the animal to the owner or custodian unless adequate arrangements have been made by the owner or custod- ian to ensure abatement of the annoyance or public nuisance . 4-1. 111 . Unlawful disposal of dead animals , dogs, cats, poultry and household pets. It is unlawful for any owner or person who, having had the posses- sion or control of any animal , dog, cat or household pet while alive, . to place the body of such animal, dog, cat or household pet, after its death, or cause to permit it to be place or to knowingly allow • or permit it to remain, in or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot, premises , or property of another. 4-1. 112 . Disposition of dead animals, dogs , cats, poultry and house- hold pets upon request. It shall be the duty of the Animal Control Officer upon request of any owner of any dead animal, dog, cat, poultry, or household pet which was kept or maintained in the City immediately prior to its death, or upon the request of any person or persons discovering a dead animal , dog, cat , poultry or household pet upon his premises or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot or premises, to forthwith bury or dispose of such animal, dog, cat, poultry, or house- hold pet in such a manner as may be preseribed by law. The Animal Control Officer may charge and collect fees for the transportation and disposal of the animal , dog, cat, poultry or household pet from the owner or person having had the possession or control of the ani- mal , dog, cat, poultry or household pet if such owner or person can be ascertained. 4-1. 113 . Definitions. (a) "Animals" shall mean and include horses , ponies , mules, • jacks, jennies, cows , bulls, calves , heifers , sheep, goats , swine, rabbits, and 'all other domestic or domesticated _ 3 - ORDINANCE NO. 33 animals other than household pets. (b) "Poultry" shall mean and include pigeons, ducks, geese, turkeys, chickens, and all other domestic or domestica- ted fowl other than household pets. (c) "Household pets" shall mean and include cats, dogs , canar- ies, parrots and other kindred animals and birds usually and ordinarily kept as household pets. (d) "Dog kennel" shall mean any lot, building, structure enclosure or premises whereon or wherein four (4) or more dogs four (4) months of age or older, are kept or main- tained for any purpose whatsoever except dogs kept for the owners use in herding livestock or hunting; provided, however, that if other animals or birds or fowl are bought, sold or bartered, the classification to apply shall be that of a pet shop; and provided, further, that this definition of "dog kennel" shall not be construed as applying to a duly licensed veterinary hospital or any public pound. (e) "Boarding kennel" shall mean any dog kennel in which dogs not owned by the kennel, or the owner or owners of the kennel, are kept and cared for, and a fee is charged for such lodging and care. (f) "Commercial kennel" shall mean any dog kennel in which dog* are kept for commercial reasons, for sale or for commer- cial breeding. (g) "Non-commercial kennel" shall mean any dog kennel in which four (4) or more dogs are kept for non-commercial reasons , including hunting and herding livestock . The sale of animals from such a kennel shall be limited to one litter per year, and shall be considered an accessory residential use and will be construed as a commercial use or activity. Each dog in such kennel shall be individually licensed as provided for in Section 4-1. 224 . (h) "Pet shop" shall mean any lot, building, structure, en- closure or premises whereon or wherein a business of buying and selling or bartering birds , animals or fowl is carried on; but this definition shall not be construed as applying to the buying or selling of livestock, nor to the business or activities of a duly licensed veterinary hospital , nor to the business or activities of any public pound. (i) "Poundmaster" shall mean the Chief Animal Control Officer of the City. 4-1. 114 . Dog Kennels, Pet Shops, Regulations . • It shall be unlawful for any person to erect, establish or 4 _ ORDINANCE NO. 33 maintain any boarding kennel, commercial kennel , non=commercial kennel , or pet shop as herein defined, without first obtaining the permit from the Chief Animal Control Officer. The granting of such permit shall be in the discretion of the Chief Animal Control Officer, who shall take into consideration the type of construction to be employed as it relates to sanitation, and the manner in which the animals, birds or fowl are to be housed. Prior to issuing such permit, the Chief Animal Control Officer shall receive the approval of the Planning Director so as to assure compliance with such zoning regu- lations as may be in effect. The permit shall be for a calendar year, with a permit fee due and payable on January lst of each year . The amount of said fee shall be set by Resolution of the City Council. 4-1.115 . Requirement of Business License - Posting of emergency notices. It is unlawful for any person to erect, establish or maintain any boarding kennel, commercial kennel , or pet shop, as defined in this Title, without first obtaining a license from the City Tax Administrator. After approval by the Chief Animal Control Officer of the permit that is required by this Chapter, the Tax Administrator, upon the payment of the -required annual license fee for the privil- ege of maintaining such dog kennels or pet shops, shall issue to the applicant a license in such _form as he may prescribe . Such license shall be for the calendar year or any part thereof during which the • dog kennel or pet shop shall be maintained, and shall be due and pav- able in advance on January lst of each year, and shall expire on December 31st of such year, provided the above mentioned permit has not been revoked. Every person, firm, or corporation maintaining a boarding kennel , commercial kennel , or pet shop shall post a notice in a conspicuous place where it may be seen outside the locked prem- ises, listing names, addresses and telephone numbers of persons who may be contacted in the event of an emergency. 4-1. 116 . Kennel and Pet Shop Permits - Refusal, Suspension or Revocation Thereof. (a) The permit for the maintenance and operation of a boarding kennel , commercial kennel, non-commercial kennel or pet shop shall be refused by the Chief Animal Control Officer upon a finding that any of the applicable provisions of this Chapter have not been complied with. (b) A permit may be immediately suspended by the Chief Animal Control Officer for violation of any provision of this Chapter when, in his opinion, the danger to public health is so imminent, immediate and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for an office hearing before an im- partial hearing officer within forty-eight (48) hours of • the time of suspension. Upon conclusion of the office - 5 - ORDINANCE NO. 33 hearing, the hearing officer may decide to: • (1) Dismiss the changes and reinstate the permit; or (2) Reinstate the permit conditioned upon correction of the violation; or (3) Revoke the permit. (c) If, in the opinion of the Chief Animal Control Officer, the danger to public health is not so imminent, immediate and threatening as to admit of delay, he shall send a notice of violation to the permittee and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. If , as a result of subsequent in- spection, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficien- cies, the Chief Animal Control Officer shall send a notice to the permittee advising the permittee of the remaining deficiencies and the convening of an office hearing to determine whether or not the permit should be revoked. Upon conclusion of the office hearing ; the hearing officer may decide to: (1) Dismiss the charges; or • (2) Establish a correction schedule; or (3) Revoke the permit. (d) All office hearingsreferred to herein shall be conducted ' in accordance with procedures adopted by the Animal Regu- lation Department. The Chief Animal Control Officer shall insure that an informal record of the proceedings is maintained. (e) 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 of the Chief Animal Control Officer to the City Manager_ , within ten (10) days of the action by the Chief Animal Control Officer. The City Manager shall hear the matter at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permittee and to the Chief Animal Control Officer and shall render a decision in writing within ten (10) days of the hearing. In the event that the applicant or permittee wishes to appeal such decision, he shall do so in accordance with the provisions of Ordinance No. 10 , Chapter 2 , Sections 22 through 25 . 4-1. 117 . Interference with performance of duties. • - 6 - ORDINANCE NO. 33 • It is unlawful for any person to resist, hinder, or obstruct the Chief Animal Control Officer or any of his deputies or employees in the exercise of their duties, Any person who violates this sec- tion is quilty of a misdmeanor. 4-1. 118 . Violation of Order. Any person who, after notice, violates, or who upon the demand of any Animal Control Officer or Deputy, refuses or neglects to conform to any rules, order, or regulation prescribed by the Animal Regulation Department, is guilty of an infraction. 4-1 . 119 . Keeping Animals Limitations. It is unlawful for any person, or persons , to own`, harbor or maintain, at any single-family dwelling, more than three (3) dogs or cats four (4) months of age or older. 4-1. 120. Violation. No person shall tie , stake, or pasture, or permit the tying , staking, or pasturing of any animal or poultry upon any public or private property without the consent of the owner or occupant of such property or in such a way as to permit any such animal to trespass upon any street or public place or upon such private property. All • such animals shall be provided with adequate food, water, and shelter or protection from the weather.` All fences or enclosuresused for the purpose set forth in this section shall be of such material and maintained in such. manner as humane for the safety and protection of such animals. ARTICLE 2. Dogs 4-1. 201. Stray dogs defined. A "stray dog" is any dog licensed or unlicensed, which is in or on any public road, highway, street, alley, square, park , school ground or other public place, or in or upon any lot, premises or property of another when not accompanied in the near vicinity by the person owning, having interest in, harboring, or having charge, care , control , custody or possession of such dog Any stray dog shall be immediately seized and impounded by the Poundmaster. 4-1. 202 . Leash lana. It is unlawful for any person to permit any dog _owned, harbored , or controlled by him to be on any public street, alley, lane , park or place of whatever nature open to and used by the public in the incorporated areas of the City unless such dog is securely leashed • and the leash is held continuously in the hand of a responsible per - son capable of controlling such dog, or unless the dog is securely confined in a vehicle, or unless the dog. is at "heel" beside a com--- petent person and obedient to that person ' s command. ORDINANCE NO. 33 Dogs used on farms and ranches for the, primary purpose of • herding livestock are not required to be leashed or at "heel" beside their owner or person controlling the use of these dogs while on a public street, alley, lane, or place of whatever nature open to and used by the public while herding such livestock and as long as these dogs are obedient to the commands of the person controlling their use for this purpose. Dogs used for the primary purpose of hunting are not required to be leashed or a "heel while used in hunting as long as these dogs are obedient to the commands of the person controlling their use for this purpose . 4-1. 203 . Duty of Poundmaster to seize and impound stray dogs. It shall be the duty of the Poundmaster to seize and impound, in a lawful manner, and subject to the provisions of this Chapter, all stray or unlicensed dogs found within the City. 4-1. 204 . Dogs running at large. Any dog found trespassing on any private property in the City may be taken up by the owner or possessor of the property and de- livered to the Poundmaster or detained on the property until picked up by the Poundmaster. 4-1. 205 . Delivery to Poundmaster by private persons. Every person taking up any dog under the provisions of this • Chapter and every person finding any lost, strayed or stolen dog, shall within twenty-four (24) hours thereafter, give notice thereof to the Poundmaster and every such person in whose custody such dog may, in the meantime, be placed shall surrender such animal to the Poundmaster without fee or charge and the Poundmaster shall there- upon hold and dispose of such dog in the same manner as though such dog had been found running at large and impounded by him. 4-1. 206. Notice of impounding dog. As soon as possible, but not later than twenty-four (24) hours after impounding any dog properly registered under the provisions of this Chapter, the Poundmaster shall notify the registered owner or person having control of the dog by telephone, mail or personally that such dog is impounded and that it can be redeemed within three (3) days from the date of such impounding and unless redeemed the dog will be disposed of in any manner as provided by this Chapter. 4-1. 207 . Redemption of impounded dogs. The Poundmaster shall securely keep any dog impounded for a period of three (3) days unless the dog be sooner reclaimed or re- deemed by the owner or person having control thereof. Except as may be provided in Section 4-1. 208 , the owner or person entitled to the • custody of the dog so impounded may, at any time before the sale or - 8 - ORDINANCE NO. 33 • other disposition thereof, during the office hours of the pound, reclaim or redeem the dog by exhibiting to the Poundmaster the license certificate or license tag showing that the license for the dog for the then current year has been paid and by paying the Pound- master any charges provided for. No fees whatsoever shall be charged or collected for or on account of any dog which has been unlawfully taken up or impounded. If the owner or person entitled to the custody of the dog believes that the dog has been unlawfully taken up or impounded, that owner or person may, within the seventy-two (72) hour redemption period, request that an impartial hearing be conducted to determine the sole issue of whether the dog was lawfully seized and impounded. If a dog has been unlawfully taken up or impounded, it shall be returned to its owner or the person entitled to the custody thereof . 4-1. 208 . Redemption fees. The owner or person entitled to the custody of a dog impounded shall pay the following fees to the Poundmaster before such dog is released: (a) Registration or license fee for the then current year unless such fee has been previously paid and evidence of paid fee adequately exhibited; • (b) Impound fee of ten ($10) dollars for the first occasion of any dog impounded within a calendar year; (c) Impound fee of twenty-five ($25) dollars for the second occasion of any dog impounded within a calendar year; (d) Impound fee of fifty ($50) dollars for the third and each such subsequent occasion of any dog impounded within a calendar year. 4-1. 209 . Sale, gift, or destruction of dogs. At any time after the expiration of the period of three (3) days, the Poundmaster may, without further notice, and without advertising in any manner, sell, give away or dispose of in a humane way, any dog not reclaimed or redeemedasaforesaid. Provided, how- ever, the Poundmaster may not sell, give away or transfer title to any dog or any other animal to any institution engaged in the diag- nosis or treatment of human or animal disease, or in research for the advancement of veterinary, dental , medical , or biologic sci- ences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs . 4-1. 210. Injured and diseased dogs. • Every dog taken into custody by the Poundmaster which by reason 9 _ ORDINANCE NO. 33 of injury, disease or other good cause as determined by a licensed veterinarian as dangerous or inhumane to keep impounded, shall be forthwith destroyed by the Poundmaster in a humane manner unless the owner or person entitled to the custody of the dog can be notified by the Poundmaster within a reasonable period of time to arrange and provide for medical care. The Poundmaster shall release such dog to its owner or person having control thereof upon payment of the redemption fees and other charges as provided in this Chap- ter. However, if the licensed veterinarian determines that the dog is diseased and by reason of such disease is dangerous to persons or to other animals, or to the general health and welfare of the City, the Poundmaster shall destroy the dog. 4-1. 211 . Care of dog while impounded. The Poundmaster shall provide all dogs in his custody with proper food and water, and shall give them all necessary care and attention. The Poundmaster may charge a fee for recovery of actual costs for food and care at the time an impounded dog is redeemed by its owner or person having custody or may charge these fees at such time an unclaimed dog is sold.- 4-1. 212 . old:4-1. 212 . Vicious and dangerous dogs. If any dog within the City is known to have bitten any person or persons on at least two separate occasions, the Chief Animal • Control Officer shall notify the owner or person having control of such dog to so keep or surrender the dog in such manner as the Chief Animal Control Officer shall direct. If it is determined by the Chief Animal Control Officer that the dog cannot be properly con- trolled in order to ensure public safety, then the Chief Animal Control Officer shall destroy the dog in a humane manner. If any dog within the City is determined by the Chief Animal Control Officer to be vicious and dangerous to the safety of any person or persons, the Chief Animal Control Officer shall notify the owner or person having control of such dog to keep or surren- der the dog, in such manner as the Chief Animal Control Officer shall direct. If it is determined by the Chief Animal Control Offi- cer that the dog cannot be properly controlled in order to ensure public safety, the Chief Animal Control Officer shall destroy the dog in a humane manner. It shall be the duty of the owner or person having control of a vicious and dangerous dog, or a dog which has bitten human being, to surrender the dog as may be ordered by the Chief Animal Control Officer. 4-1. 213 . Biting dogs It is unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him to inflict upon any human being a bite, that penetrates the skin, while the person bitten is 10 - ORDINANCE NO. 33 on any public place, or legally upon any private property. The person bitten may request the Animal Control Officer to initiate criminal proceedings against such other person by submitting a signed, written complaint. 4-1. 214 . Impounding of biting dogs. Upon written notice by the Health Officer, the owner or person having the control of any dog which has, within the preceding ten (10) days, bitten any person or animal shall, upon demand, and in the discretion of the Health Officer, follow one of the following procedures: (a) Confine the dog to his own premises; or (b) Surrender the dog to the Poundmaster who shall impound and keep the dog at the public pound in a separate kennel for a period of not less than ten (10) days; or (c) Surrender the dog to a licensed veterinarian as designated by the Health Officer; or (d) Surrender the dog to the Poundmaster for quarantine at any other location or facility designated and approved by the Health Officer. • If the dog is quarantined on the premises of the owner, the Poundmaster may post a quarantine sign on such premises, and it is unlawful for any person to remove the sign during the term of such quarantine without the consent of the Health. Officer. Any quaran- tine provided in this section shall be for a term of not less than ten (10) days unless otherwise specified by the Health Officer. During the period, it shall be the duty of the Health Officer, upon being notified by the Poundmaster that the dog has been impounded , to determine whether or not such dog is suffering from any disease. If a duly licensed veterinarian designated by the Health Officer shall determine dog is diseased and, by reason of such disease , is dangerous to persons or to other animals, he shall so notify the Poundmaster in writing, to destroy the dog. A copy of the notice may also be served upon the owner or person having control of the dog. If the veterinarian shall determine that the dog is not so diseased, the Poundmaster shall notify the person owning or having control of the dog at the address from which the dog was surrendered to the Poundmaster and shall, upon demand, release the dog to the owner or person lawfully entitled thereto, upon payment of any charges provided therefor, including expenses of quarantine and veterinary care; provided, however, that if no person lawfully entitled to such dog shall within three (3) days after the date of giving the last mentioned notice, appear at the public pound and request the release of the dog, and pay the charges, the dog • may be sold or destroyed by the Poundmaster in the same manner there inbefore provided. When a dog is ordered to be quarantined on the premises of the - 11 - ORDINANCE NO. 33 owner, an administrative fee to cover the expense of monitoring the quarantine will be charged. 4-1. 215. Violation of quarantine. It is unlawful for any person to suffer or permit any dog or cat owned, harbored, or controlled by him to violate any written quarantine notice. 4-1. 216. Symptoms of rabies. Whenever the owner or person having the custody or possession of an animal shall observe or learn that such animal shows symp- toms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, the owner or person having the custody or possession of such animal shall immediately notify the Health Officer. The Health Officer shall make or cause an in- spection or examination of such animal to be made by a licensed veterinarian until the existence or nonexistence of rabies in such animal is established by the veterinarian. Such animal ' shall be kept isolated in a pound, veterinary hospital , or other adequate facility in a manner approved by the Health Officer and shall not be killed or released for at least ten (10) days after the onset of symptoms suggestive of rabies, after which time the animal may be released by the Health Officer, provided the Health Officer has first determined that the animal does not have rabies. If the • Health Officer determines that the animal does have rabies, the Poundmaster shall destroy the animal at the direction of the Health Officer. The Health Officer, or his duly authorized representative, is authorized and empowered to enter in a manner authorized by law, upon private property where any dog or other animal is kept, or believed by him to be kept, for the purpose of ascertaining whether the dog or other animal is afflicted or infected with rabies or other contagious disease. 4-1. 217 . Dog registration and licenses. Except as provided in Section 4-1. 226 , it is unlawful to own, keep or control any dog unless and except a license has been pro- cured therefor as herein provided. This section shall have no application to dogs under the age of four (4) months fastened se- curely by a rope, chain, or leash, or confined within the private property of the owner or person having control of the dog. 4-1. 218 . Dog - Vaccination required. It is unlawful for any person owning, harboring, or having the care, custody, or possession of any dog to keep or maintain such dog in any place in the City, or except as provided in Section • 4-1. 219 . , unless such dog has been vaccinated as provided herein. This section shall have no application to dogs under the age of - 12 - ORDINANCE NO. 33 • four (4) months, who are fastened securely by a rope, chain or leash, or confined within the private property of the owner or person hav- ing control of the dog. 4-1. 219. No licensing without vaccination. The Department of Animal Regulation shall not license any dog until it has been vaccinated with canine rabies vaccine by injec- tion or other method approved by the Health Officer during the time prescribed by State law or the rules and regulations of the State Department of Public Health, unless the owner or person in posses- sion of the same submits a certificate from a licensed veterinarian issued within the preceding sixty days, stating that, in his opinion, the rabies vaccination would be likely to seriously injure the dog. Any dog so excepted from rabies vaccination shall be restricted to the enclosed yard of the owner or person in possession of the same except when held upon a rope, chain, or leash. 4-1. 220. Vaccination performance The vaccination shall be performed by a duly qualified and licensed veterinarian. The veterinarian vaccinating the dog shall issue to the owner or person in possession of the dog a rabies vaccination tag and a certificate of vaccination, which certificate shall include: • (a) The type of vaccine used; (b) The date of vaccination; (c) Description of dog, including age, breed and color; (d) Serial number of rabies vaccination tag issued to dog; (e) Name and address of dog; (f) Statement that the dog is male, neutered male, female , or spayed female. A copy of this certificate shall be sent to San Luis Obispo County Department of Animal Regulation. 4-1. 221. Registration record. The San Luis Obispo County Department of Animal Regulation shall maintain a record in which it shall , upon the application of any person owning or having the custody of any dog in the City, and the payment to it of the license fee hereby prescribed, regis- ter the dog by entering in the record its name (if any) , its sex and general description, whether it has been spayed or neutered, the name of its owner or custodian, the number of the tag issued there- for, the date of expiration of the rabies vaccine , the date of issuance and the amount received for the license fee. - 13 - ORDINANCE NO. 33 4-1 . 222 . Dog tags • Upon exhibition of the proper evidence of vaccination and payment of the license fee, there shall be delivered to the person making such payment a metal tag with the number and year stamped or cut thereon, and the words "DOG TAG County of San Luis Obispo" stamped thereon, which dog tag shall be securely fastened to a collar or harness which must be worn at all times by the dog for which the tag was issued. If the dog is exempted from vaccination, the dog tag shall have a distinguishing mark as evidence of such fact. This tag, while attached to a dog' s collar or harness, shall be prima facie evidence that the dog for which the tag was issued has been licensed during the calendar year for which the tag was issued, and has been vaccinated. 4-1. 223 . Annual registration of dogs. On January lst of each year, all prior licensing made under the provisions of this Chapter shall be cancelled and all tags there- tofore issued shall become null and void and of no effect and all dogs kept or permitted to remain in the City must be again licensed. The new license fee shall become due and payable on January lst of each year. 4-1. 224 . License fees. All license fees shall be set by Resolution of the City Council; provided, however, that the fees previously set forth by adoption of the Atascadero *Municipal Code shall be applicable until superseded by such Resolution. (a) For licensing each altered dog, male or female, the Poundmaster shall collect and receive a fee , and for licensing each unaltered dog, male or female, he shall collect and receive a fee, unless the owner or custodian of the dog chooses to place a deposit for the spaying or neutering of said dog, with the Poundmaster. This de- posit shall be forfeited to the Poundmaster if said operation is not performed by the expiration date of the license issued. (b) The license fee shall be paid by March 8th of each year. After this date a late penalty shall apply and the late license fee shall be twice the pre-penalty fee. (c) Puppies must be licensed upon reaching the age of four (4) months. A spay-neuter deposit may be placed with the Poundmaster, at which time the lesser fee shall be charged. (d) Any dog brought within the City after March 15th of each year shall be registered within thirty (30) days or these • penalties shall attach from date of entry into the City; - 14 ORDINANCE NO. 33 • provided that any dog which has a valid license from any other county or city within the State of California shall be so registered upon a fee of one-half the established fee. (e) Proration of license fee. Any person acquiring ownership, care or custody of a dog, or having a dog reaching the age of four (4) months between June 1 - December 31 , shall pay a license fee of one-half the established fee. 4-1. 225. Lost tag. If the tag issued for any duly registered dog is lost or acci- dentally destroyed during the year it is issued, the owner or custodian of such dog, upon making proof to the satisfaction of the Chief Animal Control Officer of its loss or destruction, shall , upon payment of a fee of two ($2) dollars, receive for such dog another tag; whereupon the Chief Animal Control Officer shall enter the number of the tag so issued on the register and cancel the tag prev- iously issued for such dog. 4-1. 226 . License exceptions. The provisions of this Chapter requiring the licensing of dogs • shall not apply to: (a) Dogs under the age of four (4) months if fastened securely by a rope, chain, or leash, or confined within the private property of the owner or person having control of the dog; (b) Dogs owned by or in custody or under the control of per- sons who are nonresidents of the City of Atascadero travel- ing through the City or temporarily sojourning therein for a period not exceeding thirty (30) days; (c) Dogs brought into the City exclusively for the purpose of entering the dogs in any dog show or exhibition, and which are actually entered in a kept at such show or exhibi- tion; (d) Dogs on sale in duly licensed pet shops, or dog kennels; (e) Dogs under the ownership, custody and control of the owner of a dog kennel duly licensed under the provisions of Section 4-1. 114 , or his duly authorized employee or agent when such dogs are removed from such kennel in the bona fide operation thereof for the purpose of exercise or training, provided that any such dog bear an identifi- cation tag attached to its collar, which tag shall set forth the name of the licensed kennel . A dog bearing • such identification tag shall be treated in all respects as any other dog in the event of its escape and subse- quent impoundment. 15 - ORDINANCE NO. 33 4-1. 227. License fee exemptions. (a) All seeing eye dogs and all dogs which have served with the armed forces of the United States of America during any period of actual hostilities must be licensed and vaccinated under the provisions of this Chapter but their owner shall be exempt from the license fee as therein imposed, providing adequate evidence can be furnished at such time the license is issued; (b) Dogs used by any governmental agency for the purpose of law enforcement must be licensed and vaccinated under the provisions of this Chapter but their owners shall be exempt from the license fee as herein imposed, providing adequate evidence can be furnished at such time the li- cense is issued; (c) All dogs being raised and trained specifically to perform as a seeing-eye dog must be licensed and vaccinated under the provisions of this Chapter, but their owners shall be exempt from the license fee as therein imposed, providing adequate evidence can be furnished at such time the li- cense is issued. 4-1.228 . Failure to pay license fee or provide information. It is unlawful for any person owning or having the care, • custody or control of any dog in the City, to refuse, fail or neglect to pay the license fee at the time and in the manner herein provided, or to refuse, fail or neglect to furnish to the Chief Animal Control Officer, the Health Officer, or any of their duly qualified and authorized deputies or employees, the information necessary to prop- erly license the dog. 4-1. 229. Counterfeiting. No person shall imitate or counterfeit such registration tags or rabies vaccination tags. It is un-lawful for any person to re- move any tag from any dog not owned by him or not lawfully in his possession or under his control or to place on any dog any such license tag not issued as provided for above for that particular dog for the then current year or to make or to have in his posses- sion or to place on a dog any counterfeit or imitation of any li- cense tag or vaccination tag. ARTICLE 3. Cats 4-1. 301. Impounding and disposition of stray or abandoned cats. It shall be the duty of the Poundmaster to receive and impound all cats believed to have been abandoned by their owners. The Poundmaster shall provide proper care and attention, food and water, • for all cats impounded and shall keep such cats for a period of 16 ORDINANCE NO. 33 three (3) days unless the cats be sooner reclaimed or redeemed by the owner or person having control thereof. Such redemption shall be made by paying the Poundmaster charges imposed to recover actual costs of feeding and caring for the impounded cat. No fees whatsoever shall be charged or collected for or on account of any cat which has been unlawfully taken up or impounded. The owner of a cat who believes the cat has been unlawfully seized may request a hearing in accordance with the procedure set forth in Section 4-1. 207 . At any time after the expiration of the period of three (3) days, the Poundmaster may, without notice and without advertising in any manner, sell , give away, or dispose of the cats; provided, however, the Poundmaster may not sell , give away, or transfer title to any cats for any purposes as set forth in Section 4-1 .209 . ; pro- vided further, however, the Poundmaster may not sell or give away any female cat that has not been spayed, or any male cat that has not been neutered, unless the cost of spaying or neutering such cat, as determined and promulgated by the Department of Animal Regula- tion, has been deposited with the pound. ARTICLE 4 . Animals, Poultry and Household Pets 4-1. 401. Animals and poultry at large. • No person shall allow or permit animals or poultry, other than household pets, to run at large upon any public street or place , or to trespass upon the property of another. This provision shall not be construed as permitting the running at large of any household pets who are restricted by the provisions of this Chapter, or by any law applicable thereto. 4-1. 402 . 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 2 . The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atas- cadero News, a newspaper of general circulation printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adoption of this ordinance and shall cause this ordinance and this certification to be entered into the Book of Ordinancesofthis City. Section 3 . This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. • 17 - ORDINANCE NO. 33 The foregoing ordinance was introduced on November 10 , 1980 and adopted at a regular meeting of the Council held on AYES: NOES: ABSENT: ROBERT J . WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDEN, City Clerk APPROVED AS FORM: APPROVED ALLEN GRIMES, City Attorney • • 18 - _I_N_D_E_X_ • Ordinance No. 33 Animals Page ARTICLE 1. General Provisions 4-1.101 Establishment of public pound . . 1 4-1. 102 Contract for animal control services 1 4-1. 103 Authority of Chief of Police . . . . . . . 1 4-1. 104 Animal Control Officer - Duties . 1 4-1.105 Animal Control Officer - Citation authority - Authority to carry weapons . . . . . 2 4-1.106 Badges . . . . . . 2 4-1. 107 Record of poundmaster . . . . . . 2 4-1.108 Reports . . . . . . . . . . . . . . . 2 4-1. 109 Unnecessary noise . . . . . . . . . 2 4-1.110 Abatement of noise or nuisance . . 3 4-1. 111 Unlawful disposal of dead animals, dogs, cats, poultry and household pets . . . . . 3 4-1. 112 Disposition of dead animals, dogs, cats, poul- try and household pets . . . . . . . 3 4-1. 113 Definitions . . . . . . . . 3 4-1.114 Dog Kennels, Pet Shops, Regulations . 4 4-1.115 Requirement of Business License - Posting of. emergency notices . . 5 4-1. 116 Kennel and Pet Shop Permits - Refusal, Sus- pension or Revocation Thereof 5 4-1. 117 Interference with performance of duties . . . 6 4-1. 118 Violation of Order . . . . 7 4-1.119 Keeping Animals -- Limitations . . . . 7 4-1. 120 Violation . . . . . . . . . . . 7 ARTICLE 2. Dogs . . . . . . . . . 7 4-1.201 Stray dogs defined . . . . . . . 7 4-1.202 Leash law . . . . . . . . . . . . • 7 4-1.203 Duty of Poundmaster to seize and impound stray dogs . . . . . . . . . . . . 8 4-1. 204 Dogs running at large . . . . . . . . . 8 4-1. 205 Delivery to Poundmaster by private persons 8 4-1.206 Notice of impounding dog . . . . . . 8 4-1. 207 Redemption of impounded dogs . . 8 4-1. 208 Redemption fees . . . . . . 9 4-1. 209 Sale, gift, or destruction of dogs . . 9 4-1. 210 Injured and diseased dogs . . . . 9 4-1.211 Care of dog while impounded . . . 10 4-1.212 Vicious and dangerous dogs . . . . . 10 4-1. 213 Biting dogs . . . . . . . 10 4-1.214 Impounding of biting dogs . . . . 11 4-1. 215 Violation of quarantine . . . . 12 • 4-1. 216 Symptoms of rabies . . . . . . . . 12 4-1. 217 Dog registration and licenses • . . . 12 4-1.218 Dog - Vaccination required . . . . . . . 12 i INDEX Ordinance No. 33 - Animals • Page ARTICLE 2. Dogs (cont. ) 4-1.219 , No licensing without vaccination . . 13 4-1. 220 Vaccination performance . . . . . . 13 4-1.221 Registration record . . . . . 13 4-1.222 Dog tags . . . . . . . 14 4-1. 223 Annual_ registration of dogs . . . . . . . 14 4-1. 224 License fees . . . . . . 14 4-1. 225 Lost tag . . . . . . . . . . . . 15 4-1.226 License exceptions . . . . . . . . 15 4-1.227 License fee exemptions . . . . . . . . . 16 4-1. 228 Failure to pay license fee or provide information . . . . . . . . . . . . . . 16 4-1.229 Counterfeiting . . . . 16 ARTICLE 3. Cats . . . . . . . . . . . . . . . 16 4-1. 301 Impounding and disposition of stray or abandoned cats . . . . . . . . . 16 ARTICLE 4.. Animals, Poultry and Household Pets . . . 17 4-1.401 Animals and poultry at large . . . 17 4-1. 402 Unsanitary conditions . . . . . . . . . 17 • • ii ORDINANCE NO. 34 • AN ORDINANCE OF THE CITY OF ATASCADERO CREATING CHAPTER 3 TO TITLE 4 OF THE ATASCADERO MUNICIPAL CODE, ENTITLED TRAFFIC REGULATION The Council of the City of Atascadero ordains as follows: Section 1. Chapter 3 of Title 4 is added to the Atascadero Municipal Code to read as follows: TITLE 4. PUBLIC SAFETY Chapter 3. Traffic Regulation Article 1. Words and Phrases Defined 4-3. 101. Definition of words and phrases. The following words and phrases when used in this ordinance shall, for the purpose of this ordinance, have. the meanings respectively ascribed to them in this Article. Whenever any words and phrases used herein are not 'defined herein, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply. • (a) "Coach" - Any motor bus, motor coach, trackless trolly or passenger stage used as a common carrier of passengers. (b) "Council" - The Council of the City of Atascadero (c) "Curb" - The lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of' a street from parking strips in the center of a street, nor from tracks or rights of way of public utility companies. (d) "Divisional island" - A raised island located in the road- way and separating opposing or conflicting streams of traffic. (e) '.'Gross weight" - The weight of a vehicle without load plus the weight of any load thereon. (f) "Holidays Within the meaning of this chapter, holidays are the first day of January, known as "New Year' s Day" ; the twelfth day of February, known as "Lincoln's Birthday"; the third Monday in February, known as "Washington' s Holi- day" ; the last Monday in May, known as "Memorial Day"; the • fourth day of July, known as "Independence Day" ; the first Monday in September, known as "Labor Day" ; the last Thursday in Ordinance No. 34 November, known as "Thanksgiving Day" ; r • " , _ " ; and the twenty-fifth day of December, known as "Christmas. (g) "Loading Zone The space reserved for the exclusive use of vehicles during the loading or unloading of passengers or freight. (h) "Official time standard" - Whenever certain hours are named herein, they shall mean standard time or daylight-saving time as may be in current use in this City. (i) "Ordinance The ordinance, rule or regulation adopted by the Council relating to the movement of traffic and enforce- ment thereof: (j ) "Parkway" - That portion of street right of way other than a roadway or a sidewalk. (k) "Passenger loading zone" The space reserve for the exclu- sive use of vehicles while receiving or discharging passengers. (l) "Police Officer" Every officer of the Police Department of this City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regu- lations. (m) "Railroad train" - A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. (n) "Traffic Engineer The Public Works Director of the City is designated the Traffic Engineer and charged with the duties thereof, as hereinafter provided. (o) "Traffic Enforcement Unit" - A unit within the Police Depart- ment. (p) "Traffic Engineering Division" A division within the Public Works Department. (q) "Vehicle Code- - The Vehicle Code of the State of California. Article 2. Traffic Administration 4-3. 201. Police Administration - Traffic Enforcement Unit. There is hereby established in the Police Department a Traffic Enforcement Unit to be under the control of a police officer appointed by and directly responsible to the Chief of Police. • Ordinance No. 34 • 4-3. 202.. 02. Duty of Traffic Enforcement Unit. It shall be the duty of the Traffic Enforcement Unit with such aid as may be rendered by other members of the Police Department to enforce the street traffic regulations of this City and all of the State vehicle laws applicable to street traffic in this City, to make arrests for traffic violations, to investigate traffic accidents and to cooperate with the Traffic Engineer and other officers of the City in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon said division by this Ordinance. 4-3. 203. Traffic Engineer. The Traffic Engineer shall exercise the powers and duties as provided in this Chapter. He shall be responsible for all traffic engineering division functions in the Public Works Department. 4-3.204. Powers and duties of Traffic Engineer - Delegation. It shall be the general duty of the Traffic Engineer to determine the installation and proper timing and maintenance of traffic control devices and signals , to conduct engineering analysis of traffic acci- dents and to devise remedial measures, to conduct engineering and • traffic surveys of traffic conditions and to cooperate with other City officials in the development of ways and means to improve traffic conditions , and to carry out the powers and duties imposed by the laws of this City.. Whenever the Traffic Engineer is required or authorized to place or maintain official traffic control devices or signals, he may cause such devices or signals to be placed or maintained. Whenever, by the provisions of this Chapter, a power is granted to the Traffic Engineer or a duty imposed upon him, the power may be exercised or the duty performed by a person authorized by him. 4-3. 205. Traffic accident studies. Whenever the accidents at any particular location become numerous , the Traffic Enforcement Unit shall cooperate with the Traffic Engineer in conducting studies of such accidents and determining remedial measures. 4-3.206 . Traffic accident reports . The traffic enforcement unit and/or the traffic engineering divi- sion shall maintain a suitable system of filing traffic accident reports. Such reports shall be available for the use and information of the • supervising officer of the Traffic Enforcement Unit and the Traffic Engineer. 3 - • • Ordinance No. 34 4-3. 207. Annual traffic safety report. The Traffic Enforcement Unit and Traffic Engineering Division shall jointly submit an annual traffic report to the City Manager. Such a report shall contain information on traffic matters as follows: (a) The number of traffic accidents, the number of persons killed, the number of persons injured, and other per- tinent traffic accident data. (b) The number of traffic accidents investigated and other per- tinent data of the safety activities of the police. (c) The plans and recommendations of the Traffic Enforcement Unit and the Traffic Engineering Division of future traffic safety activities. 4-3.208. Emergency and experimental regulations. (a) The Traffic Engineer may test traffic control devices under actual conditions of traffic. (b) The Chief of Police may authorize the temporary placing of official traffic control devices when required by an emergency. The Chief of Police shall notify the Traffic Engineer of his action as soon thereafter as is practicable• 4-3.209. Traffic committee. The City Manager may establish an advisory traffic committee to serve, without compensation, consisting of the Chief of Police or his representative, the supervising officer of the Traffic Enforcement Unit, the Traffic Engineer, the Planning Director or his representative, and other such technical representation as may be required. The chair- man of the committee shall be the Traffic Engineer. 4-3.210. Duties of traffic committee. It shall be the duty of the traffic committee to suggest the most practicable means for coordinating the activities of all officers and agencies of this City having authority with respect to the admin- istration and enforcement of traffic regulations; to stimulate and assist in the preparation and publication of traffic reports ; and to recommend to the City Manager means for improving traffic conditions and the administration and enforcement of traffic regulations. Article 3. Enforcement and Obedience to Traffic Regulations 4-3. 301. Authority of Police and Fire Department officials. • Officers of the Police Department and such officers as are assigned by the Chief of Police are hereby authorized to direct all 4 _ Ordinance No. 34 • traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians , officers of the Police Department or members of the Fire Department may direct traffic as conditions may require, notwithstanding the provisions to the con- trary contained in this Chapter or the Vehicle Code. 4-3. 302. Obstruction or interference with police or authorized officers. No person shall interfere with or obstruct in any any police officer or other officer or employee of this City in their enforce- ment of the provisions of this Chapter. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this City in connection with the enforcement of the parking regulations of this Ordinance shall, if done for the purpose of evading the provisions of this Chapter, constitute such interference or obstruction. 4-3. 303. Exception of certain vehicles. (a) The provisions of this section regulating the parking or standing of vehicles shall not apply to any vehicle of a City department or of a public utility while necessarily • in use in construction or repair work, or any vehicle owned or operated by the United States Postal Service while in use for the collection, transportation, or delivery of United States mail. (b) The foregoing exception shall not, however, relieve the operator of any such vehicle from the obligation to exer- cise due care for the safety of others, or the consequences of his willful disregard for the safety of others. 4-3. 304. Removal of vehicles from streets. Any regular sworn police officer of-the Police Department may remove or cause to be removed any vehicle: (a) That has been parked or left standing upon a street for seventy-two (72) consecutive hours (b) Which is parked or left standing upon a street between any specified hours when such parking or standing is prohibited by the Municipal Code or by authorization of the Traffic Engineer and signs are posted giving notice of such prohi- bition and removal (c) Which is parked or left standing upon a street where access to such street or a portion thereof is necessary for cleaning, • repair, or construction thereof or therein, or when the use of the street or portion thereof is authorized for a purpose other than for the normal flow of traffic, or when the use - 5 - Ordinance No. 34 of the street or portion thereof is necessary for the movement of • equipment, articles, or structures of such size that such movement would be impeded by parked vehicles , provided that signs giving notice of prohibition of parking and removal of vehicles are posted at least twenty-four (24) hours prior to the beginning of the period of prohibition. Article 4. Traffic Control Devices 4-3.401. Authority to install traffic control devices. The Traffic Engineer, as authorized by the Council,shall place and maintain or cause to be placed and maintained official traffic control devices upon streets and highways as required under the Vehicle Code or the traffic laws of this City to make effective the provisions of the Code or the laws and may place and maintain or cause to be placed and maintained, such appropriate official traffic control devices as may be deemed necessary to properly indicate and to carry out the provisions of the Vehicle Code or the Municipal Code or to warn or guide traffic. 4-3. 402 . Official traffic control devices required for enforcement purposes. No provision of the Vehicle Code (unless expressly stated therein or of the Municipal Code which require official control devices shall* be enforced against an alleged violator unless appropriate official traffic control devices are in place giving notice of such provisions of the traffic laws. 4-3. 403. Installation of traffic signals. (a) The Traffic Engineer, as authorized by the Council, shall install and maintain official traffic signals. (b) The Traffic Engineer shall ascertain and determine the locations where such signals are required by an engineering and traffic survey and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the California State Department of Transportation Traffic Manual. 4-3. 404. Traffic Engineer to establish crosswalks. (a) The Traffic Engineer as authorized by the Council shall establish, designate and maintain crosswalks at intersec- tions and other places by appropriate devices , marks or lines upon the surface of the roadway where, in his opinion, it is essential to the effective and safe flow of vehicular and pedestrian traffic. .(b) The Traffic Engineer is authorized to install signs at or • adjacent to an intersection in respect to any crosswalk _ 6 , Ordinance No. 34 • directing that pedestrians shall not cross in the cross- walk so indicated. 4-3. 405. Traffic lanes. The Traffic Engineer shall have authority to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. 4-3. 406 . Distinctive roadway markings. The Traffic Engineer is authorized to place and maintain upon highways distinctive roadway markings as described in the Vehicle ` Code. 4-3. 407. Authority to remove, relocate and discontinue traffic con- trol devices . The Traffic Engineer, as authorized by the Council,-"may remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or this Chapter when- ever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist or apply. • 4-3. 408. Traffic control devices: Hours of operation. The Traffic Engineer, as authorized by the Council, shall deter- mine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this Chapter. 4-3. 409. Unauthorized painting of curbs. No person or agency, other than the City, unless authorized by the Traffic Engineer, shall paint any street or curb surface. 4-3. 410. Construction of traffic control devices. Any person or agency performing construction or maintenance work within a roadway shall provide and maintain temporary traffic control devices as set forth in the California State Department of Transpor- tation Traffic Manual. The traffic control devices are to be main- tained during such time that construction or maintenance work creates a hazardous or unsafe condition in the vehicle or pedestrian travelway. Article 5. Speed _Regulations 4-3. 501. State speed laws applicable. • The State traffic laws regulating the speed of vehicles shall be applicable upon all streets within this City except where the Traffic 7 - • Ordinance No. 34 Engineer, as authorized by the Council, upon the basis of an engi- neering ngi neering and traffic survey, determines that other speed limits shall be applicable on specified streets or in certain areas. 4-3. 502 . Authority of Traffic Engineer. (a) Whenever the Traffic Engineer, as authorized by the Council, determines, based upon engineering artd traffic survey, that a speed greater than twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a State highway otherwise subject to a prima facie limit of twenty-five (25) miles per hour, the Council may declare a prima facie speed limit of thirty (30) , thirty-five (35) forty (40) , forty-five (45) , fifty (50) , or fifty-five (55) miles per hour or a maximum speed limit of fifty-five (55) miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is rea- sonable and safe. (b) Whenever the Traffic Engineer, as authorized by the Council, determines , upon the basis of an engineering and traffic survey, that the limit of fifty-five (55) miles per hour is more than is reasonable or safe upon any portion of any street other than a State highway where the limit of • fifty-five (55) miles per hour is applicable, the Council may declare a prima facie speed limit of fifty (50) , forty-five (45) , thirty-five (35) , thirty (30) , or twenty- five (25) miles per hour whichever is found most appro- priate to facilitate the orderly movement of traffic and is reasonable and safe. (c) Whenever the Traffic Engineer, as authorized by the Council, determines, upon the basis of an engineering and traffic survey, that the limit of fifty-five (55) miles per hour is more than is reasonable or safe upon any portion of a highway other than a State highway for a distance of not exceeding two thousand (2 ,000) feet in length between dis- tricts, either business or residence, the Council may de- clare a reasonable and safe prima facie limit thereon lower than fifty-five (55) miles per hour, but no less than twenty-five (25) miles per hour, which is the declared prima facie speed limit. (d) Speed limits established pursuant to this section shall be effective when appropriate signs giving notice thereof are erected upon said street or highway. 4-3. 503. Speed contests and exhibition of speed. (a) No person shall engage in any motor vehicle speed contest i on any public or private property within the City except - 8 - Ordinance No. 34 • as otherwise authorized by zoning regulations. (b) No person shall aid or abet in any motor vehicle speed contest on any public or private property within the City except as otherwise authorized by zoning regulations. (c) No person shall engage in any motor vehicle exhibition of speed on any public or private property within the City. (d) No person shall aid or abet in any motor vehicle exhibi- tion of speed on any public or private property within the City. Article 6. Turning Movements 4-3. 601. Authority to place devices altering normal course for turns. The Traffic Engineer is authorized to place official traffic control devices within or adjacent to intersections indicating the course to be travelled by vehicles turning at such intersections , and such course to be travelled as so indicated may conform to or be other than as prescribed by law. 4-3. 602 . Authority to place restricted turn signs. • The Traffic Engineer is authorized to determine those inter- sections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted. 4-3. 603. Signal controlled intersections - Right turns. The Traffic Engineer is authorized to erect appropriate signs prohibiting right turnsagainsta red or "stop" signal at any inter- section. Article 7. One-way Streets and Alleys 4-3. 701. Authority to sign one-way streets and alleys . The Traffic Engineer, as authorized by the Council, shall deter- mine and designate one-way streets or alleys and shall place and maintain official traffic control devices giving notice thereof. No such designation shall be effective unless such devices are in place. 4-3. 702 . Authority to restrict direction of movement on streets • during certain periods. The Traffic Engineer, as authorized by the Council, shall deter- _ g _ Ordinance No. 34 mine and designate streets , parts of streets or specific lanes thereo upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The Traffic Engineer may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway. Article 8. Stop and Yield Intersections 4-3. 801. Authority for stop signs and yield signs. The Traffic Engineer, as authorized may erect and maintain stop signs, yield signs, or other official traffic control devices to designate through streets or to designate intersections or other roadway junctions at which vehicular traffic on one or more of the roadways should yield or stop and yield before entering the inter- section or junction. Article 9. Miscellaneous Driving Rules 4-3. 901. Stop when traffic obstructed. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersectio or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwith- standing any traffic control signal indication to proceed. 4-3. 902. Driving through funeral or other procession. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this ordinance. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers. 4-3. 903. Driver in a procession:. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe. 4-3. 904. When permits required for parades and processions . No procession or parade shall occupy, march or proceed along any street except in accordance with a permit properly issued by the City. 4-3. 905 . Obedience to barriers and signs . No person, public utility, or City employee shall erect or place • any barrier or sign on any street unless of a type approved by the - 10 - Ordinance No. 34 Traffic Engineer or disobey the instruction, or remove, tamper with, or destroy any barrier or sign lawfully placed on any street. 4-3. 906. Shrubbery obstructing visibility of intersections . Whenever the Traffic Engineer finds that any hedge, shrubbery, or tree growing in a parkway obstructs the view of any intersection or any traffic upon the streets approaching such intersection, he shall give written notice to the owner of the property to remove or trim such obstruction together with an appropriate time limit for such actions and, if not properly performed in the time limit, he shall cause the hedge, shrubbery, or tree to be immediately removed or reduced in height and the cost of such removal or trimming shall be collectable in the manner provided by lata. Article 10 . Regulations for Bicycles 4-3. 1001. Effect of regulation. (a) The parent of any child or guardian of any ward shall not authorize or knowlingly permit any such child or ward to violate any of the provisions of this Chapter. • (b) Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any street within the City or upon any path therein set aside for the exclusive use of bicycles , subject to the exceptions stated therein. 4-3. 1002 . Bicycle license optional. The licensing of bicycles shall be at the option of bicycle owners within the City. 4-3. 1003. License application. Application for a bicycle license shall be made upon a form provided by the City and shall be made with the Fire Department. A license fee as prescribed by the City Council shall be paid before , each license or renewal thereof is granted. 4-3. 1004 . Issuance of license. (a) Upon receiving an application, the Fire Department is auth- orized to issue a bicycle license. (b) Licenses shall be effective for one (1) calendar year from date of issuance. • (c) A license shall not be issued when reasonable grounds exist to believe that the applicant is not the owner of or entitled to the possession of such bicycle. - 11 - Ordinance No. 34 (d) A record shall be kept of the number of each license, the • date issued, the name and address of the person to whom issued, and a record of all bicycle license fees collected. 4-3. 1005. Attachment of license. (a) Licenses shall be affixed to the front of the seat tube of the bicycle frame. (b) No person shall remove a current license from a bicycle except upon a transfer of ownership or in the event the bicycle is dismantled and no longer operated upon any street or bicycle path in the City. 4-3.1006 . Riding on sidewalks prohibited. No person shall ride a bicycle upon and along a sidewalk, or in violation of any of the provisions of the Vehicle Code. 4-3. 1007. Bicycle parking. A person shall not park a bicycle on a roadway or on a public sidewalk in such a manner as to obstruct the movement of a legally parked motor vehicle. Article 11. Stopping, Standing or Parking • Prohibited in Specified Places 4-3. 1101. Traffic Engineer to designate no stopping zones and no parking areas. (a) The Traffic Engineer, as authorized to determine the loca- tion of no stopping zones and no parking areas, shall place and maintain appropriate signs or markings indicating the same and stating the hours during which the provisions of this Article are applicable. (b) No stopping zones and no parking areas shall be indicated by red paint upon the top of all curbs in said zones and areas. 4-3. 1102. Prohibited stopping, standing or parking. No person shall stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or offical traffic control device, in any of the following places: (a) Within any division island unless authorized and clearly indicated with appropriate signs or markings. (b) In any area established as a no parking area, when such • 12 - • • Ordinance No. 34 area is indicated by appropriate signs or by red paint upon the curb surface. (c) Within any parkway. (d) On any street or highway where the use of such street or highway or a portion thereof isnecessaryfor the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or any portion thereof is necessary for the movement of equipment, articles, or struc- tures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice of such no parking are erected or placed at least twenty-four (24) hours prior to the effective time of such no parking. (e) At any place within twenty (20) feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop. (f) Within twenty (20) feet of the approach to any traffic • signal, boulevard stop sign, or official electric flashing device. (g) Within any appropriately designated fire lane and access roads as established by the City Fire Code when appropriate signs or markings are posted. 4-3. 1103. Parking in alleys. No person shall stop, stand, or park any vehicle for any purpose other than the loading or unloading of passengers or freight in any alley. No person shall position any vehicle in any alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehi- cular traffic, while that vehicle is being loaded or unloaded. No person shall position any vehicle in any alley in such a manner as to block or restrict access to any driveway entrance. 4-3. 1104. Parking adjacent to schools . The Traffic Engineer is authorized to place signs or markings indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, inter- fere with traffic or create a hazardous situation. • 4-3. 1105. Parking prohibited on narrow streets. The Traffic Engineer is authorized to place signs or markings - 13 - Ordinance No. 34 indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one side of a. street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30) feet. 4-3. 1106. Standing or parking on one-way streets. The Traffic Engineer isauthorizedto erect signs upon the left- hand side of any one-way street to prohibit the standing or parking of vehicles. 4-3. 1107. Standing or parking on one-way roadways. In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. The Traffic Engineer is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one- way roadway and to erect signs giving notice thereof. 4-3.1108. Parking on grades. No person driving, or in control of, or in charge of, a.motor vehicle shall permit it to stand on any highway unattended when upon any grade exceeding three percent (3%) within any business or resi- dence district without blocking the wheels of the vehicle by turning them against the curb or by other approrpiate means. 4-3.1109. Unlawful parking - Peddlers, vendors. Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon, or pushcart from which goods , wares, merchandise or foods are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street except that such vehicles, wagons , or pushcarts may stand or park only at the request for a bona fide purchaser for a period not to exceed fifteen (15) minutes at one place. The provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution. 4-3.1110. Emergency parking signs. Whenever the Traffic Engineer determines that an emergency traffic congestion is likely to result from the holding of public or private processions or assemblages, he shall place temporary signs indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys. Such signs shall remain in place only during the existence of such emergency and the Traffic Engineer shall remove • such signs thereafter. 14 - Ordinance No. 34 Article 12. Stopping for Loading or Unloading Only 4-3. 1201. Traffic Engineer to designate loading zones and passenger loading zones. (a) The Traffic Engineer is authorized to determine the loca- tion of loading zones and passenger loading zones and shall place and maintain appropriate signs or markings indicating the same and stating the hours during which the provisions of this Article and the Vehicle Code are applicable. (b) Loading zones shall be indicated by yellow paint upon the top of all curbs in said zones. Yellow shall mean no stopping, standing or parking at any time between 7 : 00 a.m. and 6 : 00 p.m. of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers or freight, provided that the loading or unloading of passen- gers shall not consume more than thirty (30) minutes and the loading or unloading of freight more than twenty (20) minutes. (c) Passenger loading zones shall be indicated by white paint upon the top of all curbs in said zones. White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of • depositing mail in an adjacent mail box, which shall not exceed three (3) minutes and such restrictions shall apply between 7 : 00 a.m. and 6 : 00 p.m, on any day except Sundays and holidays and except as follows : When such zone is in front of a hotel or in front of a mailbox, the restrictions shall apply at all times. When such zone is in front of a theater, the restrictions shall apply at all times except when such theater is closed. 4-3. 1202. Effect of permission to load or unload. (a) Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of freight shall not extend beyond the time necessary therefor, and in no event for more than twenty (20) minutes. (b) Permission herein granted to stop or park for purposes of loading or unloading of passengers shall include the loading or unloading of personal baggage, but shall not extend beyond the time necessary therefor and innoevent for more than three (3) minutes. (c) Within the total time limits above specified, the provi- sions of this section shall be enforced so as to accommo- • date necessary and reasonable loading or unloading but without permitting abuse of privileges hereby granted. 15 - Ordinance No. 34 4-3. 1203. Standing in any alley. No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of passengers or freight in any alley. 4-3. 1204. Traffic Engineer to designate public carrier stops and stands. The Traffic Engineer is authorized to establish bus stops, bus stands, taxicab stands and stand for other passenger common-carrier motor vehicles on such streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate official traffic con- trod devices. 4-3.1205. Restricted use of bus and taxicab stands. No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. • Article 13. Stopping, Standing or Parking Restrictions 4-3. 1301. Time limit parking. (a) The Traffic Engineer is authorized to designate by appro- priate signs or curb marking, locations where it shall be unlawful for the operator of any vehicle to stop, stand, or park said vehicle adjacent to any such legible curb marking or signs for a period of time in violation thereof. (b) Time limit parking zones shall be indicated by green paint upon the top of all curbs in said zones. Green shall mean no standing or parking for a period longer than indicated at any time between 9:00 a.m. and 5 :00 p.m. for any day except Sundays and holidays. 4-3.1302. Handicapped parking. (a) The Traffic Engineer is authorized by the Council to deter- mine and mark, with blue curb and appropriate signing, loca- tions on public streets and in publicly owned, leased, or controlled off-street parking facilities for the exclusive use of physically handicapped persons. (b) The privately owned and operated parking facilities in • the City may reserve parking stalls for exclusive use by 16 Ordinance No. 34 • physically handicapped persons. (c) No person shall stop, stand, or park any vehicle in any parking space marked by blue curb and appropriate signing unless said vehicle bears a special license or displays a special placard issued under the provisions of the Vehicle Code. 4-3. 1303. Commercial vehicles street parking prohibited. (a) No person shall stop, stand or park a commercial vehicle on any street except a designated truck route except when such vehicle is parked temporarily in connection with the performance of a service or for loading and unloading. (b) When the Traffic Engineer determines that the parking of commercial vehicles constitutes a public nuisance or safety hazard in any street, the Traffic Engineer shall install appropriate signing or markings prohibiting the stopping, standing or parking of commercial vehicles in the areas so designated. 4-3. 1304 . Parking of non-motorized vehicles. • No person shall park or leave standing a non-motorized vehicle or camper, regardless of width or length, when it has been detached from its motor vehicle on any street or highway in the City. Article 14 . Regulating Classes and Kinds of Traffic on Certain Highways 4-3. 1401. Gross weight limits. The Traffic Engineer is authorized, on the basis of an engi- neering and traffic survey, to erect and maintain official traffic control devices on any streets or parts of streets to impose gross weight limits as prescribed by the Vehicle Code. 4-3. 1402. Size restrictions. The Traffic Engineer is authorized, on the basis of an engi- neering and traffic survey, to erect and maintain official traffic control devices on any streets or parts of streets to impose vehicle size restrictions as prescribed by the Vehicle Code. Section 2. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atas cadero News, a newspaper of general circulation printed, published • and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adoption of this ordinance and shall cause this ordinance and this certification to be entered into 17 Ordinance No. 34 the Book of Ordinances of this City. • Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m, on the 31st day after its passage. The foregoing ordinance was introduced on November 10, 1980 and adopted at a regular meeting of the Council held on AYES: NOES: ABSENT: ROBERT J WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDEN, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney • - 18 - I N D E X • Ordinance No. 34 - Traffic Regulation Page ARTICLE 1. Words and Phrases Defined . . . . . . 1 4-3. 101 Definition of words and phrases . . . 1 ARTICLE 2 . Traffic Administration . . . . 2 4-3. 201 Police Administration - Traffic Enforcement Unit . . . . . . . . . . . . 2 4-3. 202 Duty of Traffic Enforcement Unit . . . . 3 4-3. 203 Traffic Engineer . . . . . . . . . 3 4-3. 204 Powers and duties of Traffic Engineer - Delegation . . . 3 4-3.205 Traffic accident studies . . . . . . . . 3 4-3.206 Traffic accident reports . . . . . . . 3 4-3.207 Annual traffic safety report . . . . . 4 4-3.208 Emergency and experimental regulations . . 4 4-3. 209 Traffic committee . . . 4 4-3. 210 Duties of traffic committee . . . . 4 ARTICLE 3. Enforcement and Obedience to Traffic Regulations . . . . . . . . . . . 4 • 4-3. 301 Authority of Police and Fire Department officials . . . . . . 4 4-3. 302 Obstruction or interference with police ,or authorized officers . . . . . . . . . 5 4-3. 303 Exception of certain vehicles . . . . 5 4-3. 304 Removal of vehicles from streets . . . 5 ARTICLE 4. Traffic Control Devices 4-3. 401 Authority to install traffic control devices . . . . . . . 6 4-3. 402 Official traffic control devices required for enforcement purposes . . . . . . . . 6 4-3. 403 Installation of traffic signals . . . 6 4-3.404 Traffic Engineer to establish crosswalks . 6 4-3. 405 Traffic lanes . . . . . . . . . . . 7 4-3. 406 Distinctive roadway markings . . . 7 4-3. 407 Authority to remove, relocate and discontinue traffic control devices . . • . . 7 4-3. 408 Traffic control devices: Hours of operation . . . . . . . . . 7 4-3.409 Unauthorized painting of curbs . . . . . . . 7 4-3. 410 Construction of traffic control devices 7 • ARTICLE 5. Speed Regulations . . . . . . . . . . . . . . 7 4-3. 501 State speed laws applicable . . . . 7 4-3. 502 Authority of Traffic Engineer . . . . 8 i INDEX Ordinance No. 34 - Traffic Regulation • Page ARTICLE 5. Speed Regulations (cont. ) . . . 8 4-3.503 Speed contests and exhibition of speed . . . . 8 ARTICLE 6. Turning Movements . . . . . . . . . . . 9 4-3.601 Authority to place devices altering normal course for turns . . . . . . . . 9 4-3.602 Authority to place restricted turn signs 9 4-3.603 Signal controlled intersections - Right turns . . . . . . . . . . . . 9 ARTICLE 7. One-way Streets and Alleys . . . . . . 9 4-3.701 Authority to sign one-way streets and alleys . . . . . . . . . . 9 4-3. 702 Authority•to restrict direction of movement on streets during certain periods , 9 ARTICLE 8. Stop and Yield Intersections . . . 10 4-3. 801 Authority for stop signs and yield signs 10 ARTICLE 9. Miscellaneous Driving Rules . . . 10 • 4-3. 901 Stop when traffic obstructed . . . . . . 10 4-3.902 Driving through funeral or other procession 10 4-3.903 Driver in a procession . . . . . . . 10 4-3.904 When permits required for parades and processions . . . . . , . 10 4-3.905 Obedience to barriers and signs 10 4-3.906 Shrubbery obstructing visibility of intersections . . . . . . . . . . 11 ARTICLE 10 . Regulations for Bicycles . . . . . . 11 4-3.1001 Effect of regulation . . . . . . . 11 4-3.1002 Bicycle license optional . . . . . . 11 4-3.1003 License application . . . . . . . 11 4-3. 1004 Issuance of license . . , . . . . . . . . 11 4-3.1005 Attachment of license . . . . . . 12 4-3.1006 Riding on sidewalks prohibited . . . . . . . . 12 4-3. 1007 Bicycle parking . . . . . . . . . . . 12 ARTICLE 11. Stopping, Standing or Parking Prohibited in Specified Places . . . . . . . . . . . . . . 12 4-3.1101 Traffic Engineer to designate no stopping • zones and no parking areas . . . . 12 4-3.1102 Prohibited stopping, standing or parking . . . 12 ii INDEX Ordinance No. 34 - Traffic Regulation Page ARTICLE 11. Stopping, Standing or Parking Prohibited in Specified Places (cont. ) . . . . . 12 4-3. 1103 Parking in alleys , . . . . . . 13 4-3.1104 Parking adjacent to schools 13 4-3.1105 Parking prohibited on narrow streets . 13 4-3. 1106 Standing or parking on one-way streets . 14 4-3.1107 Standing or parking on one-way roadways 14 4-3.1108 Parking on grades . . . . . . . 14 4-3.1109 Unlawful parking - Peddlers , vendors . . 14 4-3. 1110 Emergency parking signs . . . . . 14 ARTICLE 12. Stopping for Loading or Unloading Only . . 15 4-3.1201 Traffic Engineer to designate 1oading, zones. and passenger loading zones . . . . . . 15 4-3. 1202 Effect of permission to load or unload 15 4-3. 1203 Standing in any alley . . . . . 16 4-3. 1204 Traffic Engineer to designate public carrier stops and stands • . . 16 4-3. 1205 Restricted use of bus and taxicab stands . 16 • ARTICLE 13. Stopping, Standing or Parking Restrictions . 16 4-3. 1301 Time limit parking . . . . . . . . . . 16 4-3. 1302 Handicapped parking . . . . . . . . 16 4-3. 1303 Commercial vehicles street parking prohibited . . . . . . . . 17 4-3.1304 Parking of non-motorized vehicles 17 ARTICLE 14 . Regulating Classes and Kinds of Traffic on Certain Highways . . . . . . . . . . . . . . . . 17 4-3.1401 Gross weight limits . . . . . . . 17 4-3.1402 Size restrictions . . . . 17 • iii M E M O R_A N_D U M_ D / • TO: City Council FROM: City Manager SUBJECT: Election procedures for City Clerk and City Treasurer Attached is a memo from the City Attorney concerning the Code requirements for holding special elections. His memo, dated November 7 , 1980, and attached hereto, deals with the holding of the City Clerk/Treasurer election in 1982 . You requested informa- tion as to the requirements for holding ,these elections. As of today, the County is not aware of any election to be held prior to November of 1981. Accordingly, that is the earliest date on which a consolidated election could be held. Please note that the Attorney's memo emphasizes that we can only have our elections at the times specified for such purpose. The costs for holding our own election are estimated to be between $6 ,000 and $8,000. This amount would be less, and I cannot determine how much less, if the election was consolidated with a County election. According to the City Attorney' s memo, you have the option of waiting until the 1982 election: at which time the Council election will be held. • Although a different issue, I will be presenting to you new ordinances, as mentioned in the Attorney' s memo, re-defining the functions of the Clerk and Treasurer. Our ordinances are now written with the condition that the Treasurer' s functions are performed by the Finance Director and the Clerk' s functions performed by the City Manager. There are some procedural differences which will have to be defined as a consequence of having elected officers. Should you decide to call a special election, the appropriate enabling actions must be taken not less than 90 days prior to the regularly established election date; that is to say, if you decide November of 1981 should be the election date in order to consolidate with the County, your enabling resolution must be enacted in July of that year. If you decide to wait until the regular City election in April of 1982, then the enabling resolution and other actions must be taken in November or December of 1981 Another available alternative is to hold a special election on the first Tuesday after the first Monday in March, 1981. Since the County is not aware of any elections to be held by them, this would have to be held by the City alone with all costs borne by the City. The Council would have to call the election no later than December 3rd, which means that if you wanted to hold the election in March, we would either have to have a special meeting prior to December 3rd or call such an election Monday night, November 24th. Paso Robles just recently concluded a special election and, although their costs are not all in, they have spent $6 ,000 with further costs yet to be 0 • Memorandum - City Clerk/Treasurer election Page two • determined. Atascadero, having more .voters, may. have higher costs but I cannot give you any definite figures . With the County not having an election in March, we would have to contract with an, elections -firm- and also have to contract for computer use with the County in order to count the ballots. All of this, of course, can be done in the time available should you choose to have a March election. Your action is to: 1. Declare a City-conducted election for March, 1981; or 2. Decide to hold off until the November, 1981 election which could be consolidated with the County; or 3. Decide to hold off until the 198,�k'municipal election 4-MUY7. 14LW:ad 11-20-80 • ROBERT J.WILKINS,JR. MAYOR CITY ATTORNEY P' 0. BOX 749 WILLIAM H.STOVER ATASCADERO.CA 93422 MAYOR PRO-TEMPORE (605) 466-5678 GEORGE P. HIGHLAND S MARJORIE B. MACKEY INCORPORATED JULY 2, 1979 POLICE DEPARTMENT ROLFE NELSON (805) 466.8600 HURRAY L.WARDEN ADMINISTRATION BUILDING < CITY MANAGER/CLERK POST OFFICE BOX 747 ATASCAOERO, CALIFORNIA 93422 FIRE DEPARTMENT PHONE (885).466.8000 6005 LEWIS AVENUE ATASCADERO,CA 93422 (805) 466-2141 MEMORANDUM November 7, 1980 To: Murray Warden, City Manager From: Allen Grimes, City Attorney Subject: Election of City Clerk and City Treasurer Now that the electorate has spoken and indicated that they do not wish the offices of City Clerk or City Treasurer to be appointed, what action is next indicated? Vacancies in the elective offices of a general law city are controlled by Section • 36512 of the Government Code, which says: "Section 36512. Vacancies; appointment or election to fill; term. The city council shall take the action specified by this section to fill any vacancy occurring in the offices provided for in this chapter. If the vacancy is in an appointive office, the council shall fill the vacancy by appointment. If the vacancy is in an elective office, the council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. Such a special election shall be held on the next regularly established election date not less than 90 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired ,term of the former incumbent." It is my conclusion that the elective offices of City Clerk and City Treasurer in the City of Atascadero, having been vacant following the organization of the City on July 1, 1979, and such vacancies having been filled de facto by appointments of the Council within the meaning of Government Code Section 36512, these offices must be put up for election when the elective terms of the offices would normally have expired, which shall be in the spring of 1982. I do not believe the law requires that a special election now be called for the purpose of electing a City Clerk and City Treasurer to serve for the balance of the original term. However, should the Council desire to proceed with the calling of a special • election to elect a short-term City Clerk and City Treasurer, I see no legal objections. AG:fr Cc: Robert Wilkins, Mayor Memorandum: Murray Warden, City Manager • Election of City Clerk and City Treasurer November 12, 1980 Elections Code Section 2650 requires that all special elections be held on one of the election dates set by Elections Code Section 2500. Thus, there are exceptions as provided in Elections Code Section 2503, none of which applies to this case. One of these exceptions, however, applies to initiative,referendum, or recall elections. There is no restriction on the number of elections a City may call, merely on the time at which they are held. The present provisions of the Atascadero Municipal Code relating to the offices of City Clerk and City Treasurer are contained in Ordinance No. 5 (July 9, 1979) and Ordinance No. 6 (July 9, 1979) . It appears desirable that these ordinances be amended to more clearly reflect the present situation. I am attaching a draft of amendatory ordinances covering both the offices of City Clerk and City Treasurer for your review. • AG•f Enclosures