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HomeMy WebLinkAboutAgenda Packet 06/11/1996 * PUBLIC REVIEW COPY Please do no emove ATASCADERO CITY COUNCIL from count REGULAR MEETING JUNE 11, 1996 - - CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM 7:00 P.M. George Ray George Harold David Luna Johnson Highland Carden Bewley This agenda is prepared and posted pursuant to the requirements of Government code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include: A referral to staff with specific requests for information; continuance;specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. f 6.00 P.M. -INTERVIEW SESSION (4' Floor Club Rm.): A. Interview (3) candidates for Atascadero Community Services Foundation Board B. Resolution No. 42-96 - Appointing 1 ) members to the ACSF Board (Staff recommendation: Adopt) j 6:30 P.M. - CLOSED SESSION (4"' Floor Club Rm.): 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation: One (1) potential case 2. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: City Manager Employee organizations: Management; Mid-Management/Professional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees Intl. Union; Confidential Employees 7:00 P.M. - REGULAR SESSION: (P/ease see Ru/es of Public Participation, back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COMMUNITY FORUM • Mllhollin Mine Update PROCLAMATION: • "National Dairy Goat Awareness Week", June 9-22, 1996 (Rio Rancheros 4H Dairy Goat Group) A. CONSENT CALENDAR: A#matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. CITY COUNCIL MINUTES - May 14, 1996 (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES - May 28, 1996 (City Clerk's recommendation: Approve) 3. RESOLUTION NO. 35-96 - Establishing the annual spending limit for Fiscal Year 1996-97 (Staff recommendation: Adopt) 4. RESOLUTION NO. 38-96 - Implementing approval of GPA 95-011, extending urban services line to Commercial Tourist (CT) zone on east side of U.S. 101 at Del Rio Rd. (Staff recommendation: Adopt) 5. RESOLUTION NO. 43-96 - Authorizing a 5-year contract with San Luis Ambulance, Inc., for ambulance services (Staff recommendation: Adopt) 6. ACCEPTANCE OF THE EL CAMINO REAL AND STATE HOSPITAL ENTRANCE SIGNAL AND LIGHTING PROJECT (Staff recommendation: Accept as complete and authorize payment of retentions) B. PUBLIC HEARINGS: None scheduled. 2 C. REGULAR BUSINESS: 1. ORDINANCE NO. 305 - Amending Official Zoning Map 19 by rezoning all that real property located between Old Santa Rosa Rd., West Frontage Rd., Atascadero Ave. . and Portola Rd. presently zoned Residential Single Family with a one acre minimum lot size (RSF-Y) to Residential Single Family with a one-half acre minimum lot size (RSF-X) (ZC #95007: Lanini) (Staff recommendation: Motion to waive reading in full and adopt second reading, by title only) D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round Table 5. Finance Committee 6. Air Pollution Control District 7. North County Council 8. Ad Hoc Regional Water Management Committee 9. Integrated Waste Management Authority E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager 3 RULES OF PUBLIC PARTICIPATION: is The City Council welcomes and encourages your ideas and comments as a citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum. O Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). O Persons wishing to speak should step to the podium and state their name and address, for the official record. O All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. O No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. O A person may speak for five (5) minutes. O No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. O Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. O The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: O The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. O A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. O State law does not allow the Council to take action on issues not on the agenda, staff may be asked to follow up on such items. 1 1 May 27, 1996 Office of the Mayor Mayor George Highland City of Atascadero Atascadeo, Calif. fax(805) 461-0606 Dear Mr. Mayor: As members of Rio Rancheros 4H dairy goat group we would like to make toe city aware that June is dairy month. We would ask that the city council recognize this during it's council meeting, June 11, 1996, and read the proclaimation on the page following. Respectfully yours, Vanessa Lang Olivia Lyons Melissa Mankey i "NATIONAL DAIRY GOAT AWARENESS WEEK" June 9-22, 1996 wHEREAs, The dairy industry recognizes the month o f June as "Dairy Month'; and WHEREAS, Dairy goats yrovide us with such items as milk, butter, yogurt, ice cream, milk, soap, cream and cheese; and WHEREAS, Goat milk, cheese and other yroducts have long been recognized by cultures all over the world; and WHEREAS, Locally, there are many children in Atascadero raising dairy goats as yart of 4H— milking, feedw& delivering 'kids, learning animal husbandry, responsibility and veterinary skills with the help of localgoat breeders and yarents; WHEREAS, There were yrobably over loo dairy goats milked in Atascadero just today, as they have become important commercially and a sustainable agriculture for the homestead farmer; NOW, THEREFORE, I George Highland, Mayor of the City of Atascadero, in conjunction with the American Dairy Goat Association, do hereby yroclaim the week o f June 9-22, 1996 as "National Dairy Goat Awareness Week% GEORGE P. HIGHLAND, Mayor City o f Atascadero, CA Dated: June 11, 1996 REPORT TO CITY COUNCIL Meeting Date: 06//11/96 • CITY OF ATASCADERO Agenda Item 6:00 p.m. session Through: Andy Takata, City Manager From: Lee Price, City Clerk d SUBJECT: Appointment of Board of Directors for the Atascadero Community Services Foundation. RECOMMENDATION: 1) Interview candidates 2) Vote for at least one 3) Adopt Resolution No. 42-96 formalizing the appointment(s). BACKGROUND: The Atascadero Community Services Foundation was organized in !1991 and is a non- profit, public benefit corporation for charitable purposes. It was 'formed to assist in maintaining, enhancing and promoting the Charles Paddock Zoo, City public parks and other recreation and cultural facilities which serve the general public. In addition, the Foundation encourages donations, grants and corporate gifts for expansion, preservation, improvement and maintenance of said public facilities. The Board of Directors consists of the Director of Community Services, the Finance Director, a representative from the SLO County Zoological Society and memb0rs of the public-at- large. The by-laws provide that there be at least four, but not more than nine, members of the public-at=large. Three terms have expired on the Board within'the past year (that of Gregg Cobarr, Hal Carden and Irene Bishop). There are presently five members of the public-at-large on the Board. The Council may appoint one, two or all three candidates, if they so chose. The City Clerk has conducted an open recruitment since the first of ' February and three applications have been received. On May 28n the City Council directed the City Clerk to schedule interviews. DISCUSSION: The candidates for the Board of Directors are Gregg Cobarr, Elizabeth Schneider and Robert Reichek. The City Council will conduct the interviews an¢ may, pursuant to the by-laws, select any number of the candidates to serve for terms of three years each. Attachments: Interview Schedule i3 applications Foundation by-laws (Resolution No. 89-91, as emended) Selection Policy (Resolution No. 02-95) INTERVIEW SCHEDULE • BOARD OF DIRECTORS - Community Services Foundation Tuesday, June 11, 1996 - 6:00 p.m. Club Room 6:00 Gregg Cobarr 6:10 Elizabeth Schneider 6:20 Robert Reichek i Please return to: s 1 e F is MAR It CITY CLERKR. 191A q �s�e CiTY,OF n3ASCi�Et20 6500 Palma Avenue f - t _ CITY CLERK'S OFFICE Room 207 r`� r:Dfe3L AEttil:`.<'�.. Atascadero, CA 93422 jiiteraifevil t3a...":iactx.........:: .>:;' CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum quallifications of being a registered voter and resident of the City. Mininum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire+for the advisory body you are applying for. S, C 6 6 0 NAME: f RESIDENTIAL J� ADDRESS: '✓ © 6o' f �` � Home Phone: MAILING ADDRESS (if different): Work Phone: ZS-- f /`7&0 Are you a resident of the Ci cd-Atascadero? S, How Long? Cl/ C/, -�—r f Are you a registered voter Yes No B Social Security No. 5;-3i—Y�a Ssy� OCCUPATION: till EMPLOYMENT: Present or last employer's name, address and phone number: >/ CC v � C_���i�`i 7 0 f ca- det.,o c,,-,- P, 9 .3�/z z 5-3 3� Position held<and length of employment: 2- EDUCATION:EDUCATION: Pa J451,-e XYI-5 tLckley, ht*N4)� - /,� s f f/( W-L." RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: This application and supplement are"public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest,pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk_ Board, Committee & Comm( )n Application Page 2 INVOLVEMENT IN COMMUNITY," VIOL NTEER"",� PROF SIONAA(&/C,�F�r A? DICE ORGANIZATIONS: f [ / -'ESS 'L-� (- J-�{ � 7 Wi _ r u- Qv't� y�icrs Ael YJ -'Yfaxg OTHER CITY COMMISSIONS,COMMITTEES OR BOARDS PREVIOUSLY R CURRENTLY SERVING'ON: How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth Library City Hall &PgPo, Place of Employment Other (specify): K.N` A, Please complete the attached supplemental questionnaire. Feel free to attac a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Date: Signature: Da t • A • •ii�llmw ' • W2 IF12A �w��L. 1/.�= .W 2f; v W-.PV,A4w,k W- A OA I I w1irld ME AIA � � _ I � � / � .��,..� � i moi•" 1L/�/ ter.%�.-, A M, .,4?,a I'm,m;n.0) LP+i Pro I&W4A411 fA Z O' 'ON1 A70,W- mo wl , -/% i Supplemental Application Foundation Board of Directors Page 2 5. If appointed, what specific pals would you lik to see the Fo dation ch' ve? r AM -Pilo��f 6. How would you promote andm ket the goal a objectives of WNFou to the pub c? o ' ` ft / e9l S%OIC--J`' A 4%- /'/ d-"- rk V V, ne If thIre is dditional information you would like to share about yourself, please use the foil wing space provided (optional). '7� tl XJ f� 1 Aviii �M�IW /h ^e LAI d I hereby certify tat the foregoin informa ' is true and correct. Signature: Date: In, r ;i MAR 2 51996 4 Please return to: CITY CLERK CAD ASS moo, CI .Y.10C.Al l ADFRu 6500 Palma Avenue ::• ::>::::»>::>::>::::>::>:::>:: Room 207 tn.erwrew>:.::..a<.xntp; Atascadero, CA 93422 ...................... CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City/exception: teen representatives need not be registered voters). Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: E4/Z,9BE-7W .q, sCN-VE/JEER. Home Phone: 1/1,6 - R V'el 7 \ ADDRESS: 4/1,30 4v6 , o9rgfe40aAc Work Phone: 7*01- J404S Are you a resident of the City of Atascadero? y6s How Long? 7/-7q EMPLOYMENT: Present or last employer (or school, if applicable) C°Dy/V TY D/w ay-4,V A 01.S 49481.5P0 4D44-P7'. V A' .So a l.4 4 X6A ill CC-S EDUCATION: B4C,46Ae,e o,- 3eiErocE , BUS�.JESS AD �ti.✓iSr epTio.✓r G'AG A0A.Y , S L o . SA4,DVW 75 Cyo e,�C C'SC� 1Q6sn/o RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSE$ OR PROFESSIONAL REGISTRATION: INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: J414,er10VE4es1//10 A70A 7"f/E CW1444e^1 o,�c s.9.✓ 401.4 oB.rSPo C,,a✓ry Ae/►lArE /NDt/S re Y eo un/C 14 ,BoA oey aF 4D/,e c e ro,eS, hfo rz lw45 A6o4,e 2) OP D/,er-arove Sr eW14.046v's S6ALIle4- A14rweZ .1)o•rt&STiCyioGc-WcE 7A.sx fwoRc6 ,S',9,e;7' B0.9.e.D CA41,coAlVIA AU,5A ,4oeC ,DeeEC7--0,2S 09-s.✓. OTHER CITY COMMISSIONS,COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: How did you learn about this vacancy? Newspaper Ad Community Group Word of Mouth Library City Hall Place of Employment Other (specify): /✓E&13'PIs►^6.e ,9A 7-1,C 4 6 This application and supplement are"public documents" and are available for review upon request.+Applicants are advised they may be requested to file a Statement of Economic Interest,pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE COMMUNITY SERVICES FOUNDATION BOARD OF DIRECTORS 1. Please explain why you would like to serve as a member of the Foundation Board. 2. What qualities, experience and expertise would you bring to the Foundation Board? .�Ou.G►?�-�i ��c�r.� .���kr�uro acc�G ������(eucy Gr�� a�+�Gcc�� -- ��l2k'-�Q�+LC� a..c.aC. •�-a�yrh�ract.�y /y�cGrx,Guo z ,�G t`1cc. - auoG ,�Zdnvn4ccsu�-co - 3. How would you see your role as a member of the Board? ,Q Ay' �e� .�✓szt�i aC .Ge to 4. Have you had any experience with fundraising? Please expand. e Supplemental Application Foundation Board of Directors Page 2 5. If appointed, what specific goals would you like to see the Foundation achieve? a. Gc¢t f- c-�u y a a to cGG a o 4X-e, to • � a.k�G go-a.Lo auoL �G�.�y,�C`',r/ceJ 6. How would you promote and market the goals and objectives of the Foundation to the public? ! Alco GcucC .Glti A� �4 of aw 61 p 7. If there is additional information you would like to share about yourself, please use the following space provided (optional). lo I hereby certify that the foregoing information is true and correct. Signature: Q, Date: e w Please return to: in 19, p1 ra CITY CLERK j Isis _• ® ie� 6500 Palma Avenue CAD Room 207 Ftir':aftis :affil: =>> � ' Qi Y.:..... ...... Atascadero, CA 93422 \ - Fi3terlrieuul3:: "' ::D ............. pi s CITY OF ATASCADERO '3 BOARD, COMMITTEE & COMMISSION APPLICATI Y 10 1996 Please Note: You must meet the minimum qualifications of being a registered voter and resid nt of ih I7x FHT CA©ERQ � �tR1L� qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire are applying for. NAME: RESIDENTIAL 5kJ ADDRESS: j" l-� 111 ` Home Phone: � 75 MAILING ADDRESS (if ditfwvntl: Work Phone: -2- Are ' . Are you a resident of the City ofAta adero? How Long? ITq I Are you a registered voter? Yeso_ Social Security o. OCCUPATION: CSrs►Co�t�•i2,tt � , EMPLOYMENT: Present or last employer's name, address and phone number: Position held and length of employment: EDUCATION: P7, S Z C-j-"lj RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: This application and supplement are"public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application Page 2 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: i . 4 ii2 A�T� �1�'.`a1 �•� Q�C�Z � Nu1`'— �;^�C,� --� t-�/� 1�WT S��^���«>cur'�.;" �5�..—�� 1 OTHER CITY COMMISSIONS,COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: How did you learn about this vacancy? Newspaper Article Newspaper Ad Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attac a resume or other information about yourself. I hereby certify, under penWty of perjury, that the info rotation on this application and attached supplement are true and ¢orrect� Signature: Date: �/% CITY OF ATASCADERO SUP13LEMENTAL QUESTIONNAIRE COMMUNITY SERVICES FOUNDATION BOARD OF DIRECTORS 1. Please explain why you would like to serve as a member of the Foundation Board. L-ek.:t-P dZ2 t j��� ro .7,•e C.,, ` Ory to ti l`'t S�cLN --f2F:•� /h.:s�7 A/�.� �ci�-.-'^trkl ::= G +l++i,"� Q11.5 -10bUC,- 14-, tit tD��wX.vc� +a / 2 5ctc�t� i+�yc..t�ne4,�✓tt5 2. What qualities, experience and expertise would you bring to the Foundation Board? IA4, i1- �-�R p � �i�: c �.. s. � _ ._� �2 r�•Tc,tatztswk �k—�+-�:N_ f � "CA-LA q '3�, � �c;iczt�t; �' y���is �A��I D� �-� ��-��Sk•(�t�� C7 C.) S' J�21Pie. 1�� "'r1�i '127 �l✓ �:�6iC+�iE%h�� f,��w.-s.i�ni�., R!1 he ice- C`''." �i�.�t� 3. Ho-fw' would you see your role as a member of the Board? 4. Have you had any experience with fundraising? Please expand. � 2Yi�?a2+2.0 S MJFtLi74JL Supplemental Application Foundation Board of Directors Page 2 5. If appointed, what specific goals would you like to see the Foundation achieve? `VCrt 1��1ica LTA R� .t V l L./ LAA- 6. How would you promote and market the goals and objectives of the Foundation to the public? 7. If there is additional information you would like to share about yourself, please use the following space provided (optional). 14 �!6: AND ti <� A« <: cis r_ ` C ti-K O�M`f t t" tic v� �� �G�c L i L—t ' i I hereby certify tlWthe oregoing nformation is try�e an correct. Signature: L Date: / `� As amended by Resolution No. 105-94 RESOLUTION NO. 89-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DECLARING THE NEED FOR A NON-PROFIT CORPORATION FOR COMMUNITY SERVICES AND AUTHORIZING ITS INCORPORATION AS A TAX-EXEMPT ENTITY THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY FIND AND RESOLVE AS FOLLOWS: I. FINDINGS A. There presently exists in the City of Atascadero a need for education about, and additions and improvements to, the Atascadero Zoo, public parks and recreation facilities, cultural opportunities and other community services (hereafter, collectively, "Community - Services" . B. The responsibility for providing the needed education about, and additions and improvements to, Community Services presents a burden on the finances and physical resources of the City which can be alleviated by the establishment of a non-profit, tax-exempt corporation to which the public will be encouraged to make contributions for Community Services. II. RESOLVED A. That it is in the best interest of the health safety and general welfare of the public for there to be established a non-profit corporation to encourage participation in, and to accept tax-exempt contributions to, the Community Services. B. That the City Council does hereby authorize the City Attorney's office to proceed with the incorporation of a non-profit, tax-exempt corporation, to be known as the ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. , to be organized in substantial conformity with the Articles of Incorporation attached hereto as Exhibit A and the By- laws attached hereto as. Exhibit B, both of which are incorporated herein by this reference Page 1 III. AU'T'HORIZED SIGNATURE AND CERTIFICATION The Mayor is authorized to execute this Resolution and the City Clerk shall certify the adoption of this- Resolution. PASSED, APPROVED AND ADOPTED this 10th day of September, 1991. ALDEN SHIERS, MAYOR ATTF7S LEE RABOIN, CITY CLERIC APPROVED AS TO FORM: MAP,Y AhDUSK GAYLE, (� ASSISTANT CITY ATTORNEY Page 2 CERTIFICATION I, LEE RABOIN, CITY CLERK OF THE CITY OF ATASCADERO, HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Atascadero, California at a regular meeting thereof, held on the 10th day of September, 1991, upon motion made by Councilmember Lilley and seconded by Councilmember Dexter and upon the following vote of the City Council: AYES: Mayor Shiers, Councilmembers Lilley, Dexter and Borgeson NOES: None ABSENT: None ABSEN : + .Cauncili�ember Nimmo L E RABOIJ, CITY CLERK Page 3 EXHIBIT "A" ARTICLES OF INCORPORATION OF ATASCADERO COMMUNITY SERVICES FOUNDATION,I INC. I. The name of this corporation is ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. i II. A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. B. This corporation is formed exclusively for public and charitable purposes, including the following: to lessen the burdens of government of the City of Atascadero by promoting public welfare and education through the acceptance of contributions for use in the Atascadero Zoo, public City parks , public City recreational and cultural facilities, and other public facilities. III. The name and address in the State of California of this corporation's initial agent for service of process is: City Manager City of Atascadero 6500 Palma Avenue Atascadero, California 93422 IV. A. This corporation is organized and operated exclusively for charitable purposes within the measling of Section 501 (c) (3 ) of the Internal Revenue Code. B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on ' behalf of any candidate For public office. 1 EXHIBIT "A" EXHIBIT "B& 49 BYLAWS FOR THE REGULATION OF THE ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. I. NAME AND ADDRESS SECTION A. NAME OF ASSOCIATION. The name of this "Corporations shall be the "ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. s, a nonprofit organization incorporated under the laws of the State of California. SECTION B. PRINCIPAL EXECUTIVE OFFICE. The address of the principal executive office of the Atascadero Community Services Foundation, Inc. , shall be located at Atascadero City i Hail, 6500 Palma Avenue, Atascadero, California 93422, or at such other place as the Board of Directors hereafter may designate. The City of Atascadero is hereinafter referred to as, the "City". II. PURPOSES AND LIMITATIONS SECTION A. GENERAL PURPOSES. The general purpose of the corporation shall be to assist in maintaining, enhancing, and promoting the Atascadero Zoo, Atascadero public parks, recreation and cultural facilities, and other public facilities which serve the general public, to familiarize the public with those public facilities and their contribution to the growth and welfare of the United States, the State of California, the County of San Luis Obispo and the City, and to accumulate and manage such facilities for the public benefit to the following ends: 1. Personnel - To recruit, train, encourage and recognize volunteers as docents, guides, hosts, staff support in } maintenance, displays and public functions under the supervision 1 of the City Director of Community Services, as appropriate; 2. Publicity - To establish a group to promote on-going use of the public facilities to promote educational, recreational and historical values and to plan and develop special events; 3 . Fundina - To encourage donations, grants and corporate gifts for expansion, preservation, improvement and maintenance of the Atascadero Zoo, Atascadero public parks, recreational and cultural facilities, and other public facilities in pursuit of the Corporation's goals. 1 EXHIBIT ffB" 1 ' SECTION A. OTHER PURPOSES. The Corporation may engage in such further and other purposes as may be permitted by law, provided however, that such purposes are authorized and approved by the Board of Directors, are in furtherance of the Corporation's public charitable purposes, and are of the type permitted to be performed under Section 501(c) of, the Internal Revenue Code of 1986. MEMBERS MEMBERS PROHIBITED. The Corporation shall not have any members. EFFECT OF PROHIBITION. Any action which would otherwise require approval by a majority of all members or approval by the j members shall require only approval by a majority of the Board of Directors. IV. DIRECTORS AND BOARD OF DIRECTORS MEETINGS SECTION A. NUMBER AND REQUIRED DIRER S. 1 The number of Directors of the Atascadero Community ( ) Services Foundation shall be not less than seven (7) and not more than twelve (12) . The number of authorized Directors shall be specified by the Atascadero "City Council" and may be changed by the City Council annually at the time of the Annual Report (as hereinafter defined) is submitted for City Council;' review. The j Directors shall serve without pay. 1 i (2) Three (3) members of the Board shall be ,those persons holding the positions of the City Director of Community Services, City Director of Finance, and .President of the Zoological Society of San Luis Obispo County, or person serving in like capacities as those capacities may be renamed from time to time, and as those j persons may be selected or elected from time to time. The term of i each individual serving in one of the three (3)', above named capacities shall be co-extensive with the term each such person serves in the capacity so noted. Any person succeeding to the title of one of the three (3) above named capacities shall automatically become a Director of the Corporation. i i Section IV, above. Any person succeeding to the capacity of City Manager shall automatically become an Ex-officio Director of the Corporation. SECTION D. PLACE OF MEETINGS. Meetings of the Board of Directors shall be held at any place within or without the State of California, which has been stated in the notice of the meeting, or if not stated in the notice, ' or if there is no notice, at Atascadero City Hall, 6500 Palma, Atascadero, California, 93422, or at such other place as may be designated for Directors' meetings, from: time to time, by resolution of the Board of Directors. SECTION E. R4GULAR MEETINGS. Regular meetings of the Board of Directors shall be held on the day and at the hour or at such other day and time as may be determined by the Board of Directors. No notice need be given in connection with such regular meetings, except that notice shall be given to each Director of any resolution of the Board changing the regular- meeting date or time. SECTION F. QUORUM REQUIRED FOR ACTION AT MEETINGS_.. A majority of the authorized number of Directors present at a meeting shall constitute a "quorum" of the Board of Directors for the transaction of business. For purposes of determining a quorum, the Ex-officio Director shall not be counted. 0 SECTION G. SPECIAL MEETINGS. Meetings other than regular meetings of the Board may be called by the President, and shall be called by the President upon the request of any two Directors requesting a special meeting. SECTION H. REMOVAL OF DIRECTORS. A Director appointed pursuant to Section IV.B, above, may be removed by action taken by a majority of the City Council or by a vote of the majority of the Directors then in office subject to approval j in writing by the City Council. SECTION I. VACANCIES. A vacancy on the Board of Directors shall exist upon the occurrence of any of the following: i (1) The death or resignation of any Director. (2) The suspension or termination of any Director pursuant to the provisions. of Section IV.H, above. i (3 ) An increase in the authorized number of Directors without appointment by the City Council. 4 i EXHIBIT MB" I SECTION B. APPOINT [ENT OF DIRECTORS_ All Directors not required by Section IV.A (1) , above, shall be appointed by the City Council, as follows: (1) In the event that the City Council initially authorizes seven (7) members to the Board of Directors, the three (3) Directors named initially by the City Council, to fill the seats not designated in Section IV.A(1) , above, shall be appointed for staggered terms with one (1) Directorappointed for a period of three (3) years, one (1) Director appointed for a period of two (2) years and a third appointed for a period of one (1) year. (2) In the event that the City Council initially authorizes nine (9) members of the Board of Directors, the four (4) Directors named initially by the City Council to fill the seats not designated in Section IV.A(1) , above, shall be appointed for staggered terms with three (3) Directors appointed for a period of three (3) years, and two (2) Directors appointed- for a period of two (2) years. (3) In the event that the City Council changes the number of authorized Directors at any time permitted by these By- laws, the newly created positions shall be filled for full terms of three (3) years each. 4 The term of each person named for a staggered ter=n ( ) pursuant to Subsection (1) or Subsection (2) , above, shall be specified in the action of the City Council so naming each of those Directors. (5) After the initial terms of the Directors named by the City Council pursuant to Subsection (1) or Subsection (2) , above, the Directors appointed by the City Council shall serve a three (3) year term. (6) Directors, appointed by the City Council pursuant to this Section IV.B may be reappointed by the City Council at the expiration of their terms, without limitation. SECTION C. EX-OFFICIO DIRECTOR. The City Manager of the City of Atascadero shall serve as an Ex-officio Director. Said Ex-officio Director shall have no voting power but may serve otherwise in all capacities as a Director and may participate in deliberations and discussions at all meetings of the Directors as a member of the. Board. The Ex-officio Director shall be a permanent member of the Board and shall not be a Director additional to the number of Directors authorized pursuant to 3 EXHIBIT "B" (4) The failure of the City Council to appoint the full number of authorized Directors to the Board. A reduction of the authorized number of Directors" shall not operate to remove any Director prior to the expiration of his or her term of office. V. FINANCING SECTION A. SOLICITATION OF FUNDS. The Corporation's primary source of funds shall be through solicitation of funds from the general public through gifts, bequests, trusts, or other devices and conducting special fundraising events. SECTION B. BUDGETING. The Board of Directors shall prepare and submit to the City Council, for approval, an annual operating budget for the Corporation. VI. INDEMNIFICATION OF DIRECTORS, OFFICERS , AND OTHER CORPORATE AGENTS SECTION A. INDEMNIFICATION. The Atascadero Community Services Foundation, Inc. shall, to the maximum- extent permitted by California law, indemnify each of its Directors and Officers and the City of Atascadero, its Council and its officers and agents, against any expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with any proceedings arising by reason of the fact any such person is or was a Director or Officer of the Atascadero Community Services Foundation, Inc. SECTION B. NON-EXCLUSIVITY. The right of indemnification or advancement of expenses provided herein shall not be deemed exclusive of any other rights which any Director or Officer of the Corporation, or any other person seeking indemnification or advancement of expenses may have, whether by law or under any agreement, insurance policy, vote of disinterested Directors, or otherwise. VIZ. OFFICERS The Atascadero community Services Foundation, Inc. , shall have a President, a Vice-President, Secretary, Treasurer and such other officers as may be designated by the Board of Directors. The 5 EXHIBIT "B" ( � Treasurer shall be the Atascactero Director of Finance. All other officers hall be elected by the Board of Directors for a term of one (1) year. Only members of the Board of Directors shall be eligible to serve as officers of the Corporation. Officers shall have the powers and duties as specified below, together with such other duties as may be specified from time to time by resolution of the Board of Directors. The officers of the corporation shall serve without pay. Powers and Duties of the President. (1) To act as the Chief Executive Officer (2) To exercise general supervision over all the affairs of the Corporation. (3) To nominate members to committees necessary to _carry out the executive functions. (4) To propose activities in the best interest of the; Corporation. (5) To propose policies and legislation of the Board of Directors. (6) To propose the budget of the Board of Directors in conjunction with the Treasurer. (7) To administer regulations and By-laws. Powers and Duties of the First Vice President. (1) To assist the President in carrying out the executive functions. (2) To have the power and authority of the President when the President is absent. Powers and Duties of the Treasurer. (1) To maintain all the financial books and records. of the Corporation consistent with generally accepted accounting principles. (2) To make regular financial reports to the Board of Directors at regular business meetings. 6 EXHIBIT OBIS (3) To sign all disbursements of the Corporation which shall also be cosigned by the President or First vice-President. (4) To be responsible for the collection and disbursement of the Corporation funds. Powers and Duties of the Secretarv. (1) To keep permanent comprehensive records of the Corporation's action. (2) To record the minutes at each and every meeting, and to prepare the said minutes for presentations and approval at the next regularly scheduled meeting. (3) To handle any correspondence at the request of the Board of Directors or committee members. (4) To be responsible to the President for all letters and notices necessary for promotion and execution of the function of the Corporation and may include a newsletter/bulletin. SECTION A. LIMITED AUTHORITY OF OFFICERS. No Officer of the Atascadero Community Services Foundation, Inc. shall have any power or authority, outside of the normal day-to- day business of the Corporation, to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable in connection with anv_ transaction unless so authorized by the Board of Directors. VIII. AMENDMENTS New By-laws may be adopted or these By-lads may be amended or repealed by a majority of the Board of Directors. IX. FISCAL YEAR The "fiscal year" of the Corporation shall be the sane as that of the City. EXHIBIT "B" ANNUAL REPORTS SECTION A. The Board shall cause an "Annual Report" to be sent to the City Council and the Directors within 120 days after the end of the corporation's fiscal year. The Annual Report shall contain the following information for the fiscal year, in such detail as is necessary to clearly explain the fiscal transactions and status of the Corporation for that fiscal year: (a) The assets and liabilities, of the Corporation as of the beginning and the and of the fiscal year. (b) The principal changes in assets andliabilities within the fiscal year. (c) The revenue or receipts of the Corporation, bath unrestricted and restricted to particular purposes. (d) The expenses or disbursements of the Corporation for both general and restricted purposes. (e) Any information required by Section IX. B. , below. The Annual Report shall be accompanied by an audit report of independent accountants or, if there is no such audit report as permitted by this Section IX.A, by the certificate of the Treasurer of the Corporation that such statements were prepared without independent audit from the Corporation's books and records. If the Corporation receives less than $25, 000 in gross receipts during a fiscal year an Annual Report must still be furnished to the City Council and to all Directors but no audit report need be prepared by an independent accountant for such a fiscal year. SECTION B. As part of the Annual Report to the City Council , the Corporation shall annually prepare and mail or deliver to the City Council- and furnish to each Director, a statement of any transaction or indemnification of the following kind within 120 days after the end of the Corporation's fiscal year: (1) Any transaction (i) in which the Corporation, its parent, or its subsidiary was a party, (ii) in which an "interested person" had a direct or indirect material financial interest, and (iii) which involved more than $50, 000, or was one of a number of transactions by the same interested person which, in the aggregate, totalled 8 EXHIBIT "Bff snore than $50,000. For this purpose, an "'interested person" shall be any Director or Officer of the Corporation, its parent, or one of its subsidiaries; provided, however, that mere common directorship held by a Director or Officer of the Corporation, its parent, or one of its subsidiaries with another non-related entity or person ,%rith whom the Corporation contracts shall not be considered an interested party. The above-required statement shall - include a brief description of the transaction, the names of interested persons involved, their relationship to the Corporation, the nature of their interest in the transaction and, if practicable, the amount of that interest, provided that if the transaction was with a partnership in which the interested person is a partner, only the interest of the partnership need be stated. (2) Any indemnifications or advances aggregating more than $10, 000 paid during the fiscal year to any Officer or Director of the Corporation under Section VI.A, above. IN WITNESS WHEREOF, these By-laws have been executed as of this day of , 1991. PRESIDENT SECRETARY 9 EXHIBIT "Ba RESOLUTION NO. 42-96 RESOLUTION OF THE CITY COUNCIL OF THE CITYOF ATASCADERO, CALIFORNIA, APPOINTING ( ) MEMBERS-AT-LARGE TO THE ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. BOARD OF DIRECTORS WHEREAS, in 1991, the City Council established the Atascadero Community Services Foundation, Inc., a non-profit corporation; and WHEREAS, the Articles of Incorporation set forth the number of required Board of Directors to include at least four, but not more than nine, members of the public-at- large; and WHEREAS, three terms on the Board have expired and the !by-laws permit the appointment of up to four additional directors; and WHEREAS, public advertisements soliciting interest in appointment to the Board of Directors have been published, distributed and posted; and WHEREAS, the City Clerk did receive three (3) applications for consideration; and WHEREAS, the City Council did, on June 11, 1996, interview and consider the applicants. NOW, THEREFORE, the City Council of the City of Atascadero does resolve to appoint the following citizen(s) to a three year term each expiring on or about June 11, 1999: On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: RESOLUTION NO. 02-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING REVISED PROCEDURES FOR THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS WHEREAS, the Atascadero City Council recognizes that citizen participation in local government plays an important and active role in the City of Atascadero; and WHEREAS, the Atascadero City Council has established committees, commissions and boards to assist in the conduct of municipal affairs; and WHEREAS, the Atascadero City Council did adopt Resolution No. 35-81 on November 9, 1981 establishing selection procedures for committees, commissions and boards; and WHEREAS, the Atascadero City Council desires to update and revise said selection procedures. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1 . Purpose. The purpose of this resolution is to revise established procedures for the Council to follow in recruiting, selecting and appointing members to City committees, commissions and boards created pursuant to statute or by action of the City Council. Appointments and replacements will be made pursuant to the provisions of Government Code Section 54970 et seq., and the following. SECTION 2. Recruitment and Eligibility. Announcements of openings for any committee, commission or board to which members are appointed;by the City Council will be coordinated by the City Clerk. Any person desiring to be considered for appointment to any City committee, commission or board shall complete an application provided by the City Clerk. Applications are accepted year-round and shall remain on file for a period of six months from the date received. Applicants may be considered for future vacancies, for the specific committee, commission or board for which they applied, should a vacancy occur during the six month period. All applicants shall be residents and registered voters of the, City of Atascadero over the age of 18, and meeting any announced additional criteria as established by the City Council shall be eligible to apply. All appointees are subject to financial disclosure, pursuant to the Political Reform Act. SECTION 3. Interviews. All candidates meeting the criteria established in Section 2 may be interviewed by the City Council during a properly noticed meeting. Interviews will be open to the public. I Resolution No. 02-95 Page Two j SECTION 4. Selection. a. Council members will vote for the candidate(s) of their choice by placing their name and circling the name of their selection(s) on a ballot form provided by the City Clerk. Candidates' names will be placed in alphabetical order on the ballot form. b. After the City Council has had an opportunity to make its individual determination, the City Clerk will collect the ballots and will announce first the Councilmember's name and second the name(s) of the candidate(s) of that Councilmember's choice(s). Results of each individual Councilmember vote will be a matter of public record. C. The candidate or candidates receiving a majority of the votes of the Councilmembers present shall be appointed. In the event that no candidate or candidates receive a majority vote or in the event of a tie vote, then a run-off ballot or ballots will be cast, following the procedure of sub-paragraph a. above, until a majority is reached. The run-off candidates will consist of all candidates receiving at least two (2) votes and if not more than one of the candidates have received at least two (2) votes, then all those receiving at least one (1) vote will participate in the run-off balloting. This procedure shall be continued until a majority vote is cast. On motion by Councilperson Luna and seconded by Councilperson Johnson,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmember Carden, Highland, Johnson, Luna and Mayor Bewley NOES: None ABSENT: None ADOPTED: January 10, 1995 ATTEST: CITY OF ATASCADERO 7/zz 17, By: LEE PRICE, City Clerk R. DAVID BEWLEY, Ma or i Agenda Item: A-1 Meeting Date: 6/11/96 ATASCADERO CITY COUNCIL MAY 14, 1996 MINUTES CLOSED SESSION: The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to: 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation: One (1) potential case 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 3. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: City Manager Employee organizations: Management; Mid-Management/Professional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgn�; Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees Intl. Union; Confidential Employees Closed Session was adjourned at 7.09 p.m. The City Attorney anIpounced that there was no action taken. REGULAR SESSION: The Mayor called the meeting to order at 7:10 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Rudy Hernandez, City Treasurer and Lee !Price, City Clerk Staff Present: Andy Takata, City Manager; Steve Decamp, City Planner; Art Montandon, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Lt. John Barlow, Police Department; Capt. Peter Gaw, Fire CC 5/14/96 Page 1 Department and Mark Markwort, Chief of Wastewater Operations SPECIAL PRESENTATIONS: • Proclaim June 10-21, 1996 as "Grad Nite Weeks" in Atascadero The Mayor presented the proclamation to DeeDee Hoskins and Terry Sherwin, co- chairpersons of the Grad Nite Committee. Mrs. Sherwin announced activities planned for Grad Nite and presented Council and members of staff with Grad Nite '96 buttons. • Proclaim May 14, 1996 as "Politeness in Politics Day" The Mayor read the proclamation. COMMUNITY FORUM: • Millhollin Mme Update Art Montandon provided an update on the matter of pending litigation and reported that the amended reclamation plan application, including an operations agreement, would soon be forwarded to the State for review. He mentioned that the operations agreement will contain provisions regarding fees for wear and tear on City roads. • Public Comments Ray Jansen, 6655 Country Club Drive, spoke regarding quality of life and asserted that there is too much waste in today's society. He commented that the greatest waste is the failure to develop our young people in ways other than in the ability to make money. This leads to teenage delinquency, he proclaimed. A. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - April 23, 1996 (City Clerk's recommendation: Approve) 2. MINUTES OF JOINT CITIES MEETING - April 25, 1996 (Recording Secy. 's recommendation: Approve) 3. APPROVAL OF WARRANTS - April, 1996 (Staff recommendation: Approve) CC 5/14/96 Page 2 4. TENTATIVE TRACT MAP 25-89, 5805 CAPISTRANO AVE'r - Consideration of time extension request (Lewis/No. Coast Engineering) (Planning Commission recommendation: Approve) 5. APPLICATIONS FOR GENERAL PLAN AMENDMENT CYCLE 1-96 (Staff recommendation: Receive & file) 6. RESOLUTION NO. 34-96 - Supporting Test Claim No. CSMA-4500, sponsored by the City of Atascadero and urging approval by the Commission on State Mandates (City Clerk recommendation: Adopt) 7. RESOLUTION NO. 33-96 - Supporting AB2342 relative to marine weather informa-tion, forecasts or advisories (Mayor recommendation: Adopt) 8. RESOLUTION NO. 32-96 - Authorization to enter into Joint Powers Agreement for preparation of an updated Safety/Seismic Safety Element (Staff recommendation: Adopt) 9. RESOLUTION NO. 36-96 - Authorizing the borrowing of funds for Fiscal Year 1996-97; the issuance and sale of a 1996-97 Tax and Revenue Anticipation Note (TRANS) and participation in the California Communities Cash Flow Financing Program (Staff recommendation: Adopt) Doug Lewis, Tunitas Avenue resident, pulled Item #9 for comment. MOTION: By Councilmember Luna; seconded by Councilmember Bewley to approve Consent items 1-8; motion passed 5:0 by roll call vote. Re: Item #A-9. RESOLUTION NO. 36-96 - Authorizing the borrowing of funds for Fiscal Year 1996-97; the issuance and sale of a 1996-97 Tax and Revenue Anticipation Note and participation in the California Communities Cash Flow Financing Program (Staff recommendation: Adopt) Doug Lewis commented that he has some concerns about placing the TRANS item on the Consent Calendar and pointed out that the matter should be open for public testimony. Mayor Highland reported that the resolution was procedural and emphasized that the agenda process provides for an opportunity, to comment. Rush Kolemaine, 4850 Potrero, asked how funds will be used, when it will be received and if it will be adequate considering the present short-Mail of cash. Brad Whitty reported that the funds will be used to balance out the cash flow throughout the year and explained that the money is borrowed arinst future revenues. He added that the TRANS will be paid off by June 30t 1997 and clarified that the one-year loan costs the City no money. Mr. Kolemaine inquired if CC 5/14/96 Page 3 the funds would be adequate to cover the City's needs. Mr. Whitty assured him and the Council that the amount will be adequate. Eric Greening, 7365 Valle, asked how much money would be recoverable in the even of an abort if the interest rate goes up. Brad Whitty explained that the City has rued $12,000 this fiscal year in interest earnings. There have been no charg for interest, he said, and added that the City can pull out at anytime. M TION: By Councilmember Johnson, Councilmember Carden t pprove Item #A-9; motion carried 5:0 by roll call vote. B. PUBLIC EARINGS: 1. APPEAL OF LANNING COMMISSION DENIAL OF TENTA E PARCEL MAP 95-001, 117 SAN MARCOS ROAD - Application to di de two (2) lots containing 17. ac. into three (3) lots of 5.60, 5.96 d 5.96 acres (Lindsay/Wilson rveys) (Planning Commiss" n/staff recommendation: Deny Doug Davidson provided the taff report and recomme dation to deny the appeal. Councilmember Johnson inqui ed if the property is b d-able as currently structured. Mr. Davidson repo ted that if the appli ant were to submit a site plan for the existing lot, it could be a roved ate st f level. He clarified that the ou application is, however, for subdi ' ion. Cn member Johnson asked where staff is recommending that the road a constr cted. Mr. Davidson commented that staff has not developed a recom endat' n for an exact location for the road. There was mutual concern shared by m ers of the Council that because of the steepness of the terrain, road constructi may result in scarring of the hillside and removal of too many trees. Councilmember Luna remarked that would of have a problem with abandoning the road despite the steepness of t e road if it ould deny access to an existing lot because there are property rig s to protect a d approval of a building permit is a ministerial act. He emphasize that the applicati is not for a building permit but for a subdivision and argu that there are num ous problems, including the removal of at least twenty m ure oak trees, a high a ergency response time, the length of the proposed driv ay and certain flag lot sta dards. Steve DeCamp responde to questions regarding the propo ed road abandonment and explained that a cu ent legal right of access exists alon the San Cayetano right-of-way to provid access to the lots, although not consi red by staff to be a practical alternative. f the road is abandoned, he continued, le I access is denied. Mr. DeCa also reported that the City Council, by appr al of the lot line adjustment fo the Davis Ranch, has already approved the aban onment of large portions of he right-of-way, predicated on the availability of th remaining San Cayetano ght-of-way to provide legal access. Doug Davidson re arked that staff believes ccess can be obtained through an adjacent lot owned by e applicant w ch is not a part of this subdivision. Councilmember Carden suggested at the least-intrusive method for access may be to use the existing driveway. is CC 5/14/96 Page 4 the funds would be adequate to cover the City's needs. .Mr. Whitty assured him and the Council that the amount will be adequate. Eric Careening, 7365 Valle, asked how much money would be,recoverable in the even of an abort if the interest rate goes up. Brad Whitty explained that the City has earned $12,000 this fiscal year in interest earnings. There have been no charges for interest, he said, and added that the City can pull out at anytime. MOTION: By Councilmember Johnson, Councilmember Carden to approve Item #A-9; motion carried 5:0 by roll call vote. B. PUBLIC HEARINGS: 1. APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE PARCEL MAP 95-001, 11750 SAN MARCOS ROAD - Application to divide; two (2) lots containing 17.92 ac. into three (3) lots of 5.60, 5.96 and-5 .96 acres (Lindsay/Wilson Surveys) (Planning Commission/staff recommendation: Decry) Doug Davidson provided the staff report and recommendation to deny the appeal'. Councilmember Johnson inquired if the property is build-able as currently structured. Mr. Davidson reported that if the applicant were to submit a site plan for the existing lot, it could be approved at the staff level. He,clarified that the application is, however, for subdivision. Councilmember Johnson.. asked where staff is recommending that the road be constructed. Mr. Davidson commented that staff has not developed a recommendation for an exact location for the road. There was mutual concern shared by members of the Council that because of the steepness of the terrain, road construction may result in scarring of the hillside and removal of too many trees. Councilmember Luna remarked that he would n-e4 have'a problem With abandoning the road, despite the steepness of the road,-4-4 since it would deny access to an existing lot (Lot 7 Block 81). beeeus2 There are property rights to protect, he f said, and added that Mrs. Lindsay also has property.rights. Staff must° issue aepFeyal--e4 a building permit for her existing lot since approval of a building permit is a ministerial act. He emphasized that the application is not for a building permit but for a subdivision and argued that there are numerous problems, including the removal of at least twenty mature oak trees, a high emergency response time, the length of the proposed driveway and certain flag lot-standards. Steve DeCamp responded to questions regarding the proposed road abandonment and explained that a current legal right of access exists along:the San Cayetano right-of-way to provide access to the lots, although-not considered by staff to he a practical alternative. If the road is abandoned, he continued, legal access is denied. Mr. DeCamp also reported that the City Council, by approval of the lot line adjustment for the Davis Ranch, has already approved the abandonment of large portions of the right-of-way, predicated on the availability of,the remaining San Cayetano right-of-way to provide legal access. Doug Davidson remarked that staff believes access can be obtained through an adjacent lot owned by the applicant which is not a part of this subdivision. Councilmember Carden suggested that the least-intrusive method for access may be to use the existing CC 5/14/96 Page 4 driveway. The City Attorney advised that the road abandonment, if approved, would not create significant liability for the City because, the development of the access (to Lot 7 Block 81) is aeeess that exists, altheugh costly, eewid be installed. Councilmember Luna asserted that if the $fit owner (of Lot 7 Block 81) desires to develop the parcels, she 919euld could prepare the environmental impact report and bare the costs of road construction instead of the City Council abandoning the road and subjecting the City to an inverse condemnation suit. Public Comments: Robert M. ("Grigger") Jones, representing the applicant, submitted a prepared statement and summarized major points in support of the appeal (see Exhibit A). Ken Wilson of Wilson Land Surveys presented overhead transparencies demonstrating the project plan. Upon review. of the documents submitted, Councilmember Luna asked staff for clarification of "defensible space distances" from houses as outlined in the Fire Department's response to Wilson Land Surveys (included in Exhibit A). Capt. Peter Gaw.reported that defensible space distance is an important aspect for fire control and. prevention. He explained that the department seeks reasonable clearance and noted that compliance can include clearing, fire breaks and other fire control techniques. Capt. Gaw responded to additional Council questions relevant to emergency response.. The City Attorney explained that included in the applicant's handout (Exhibit A) is a letter.from the Fire Department which was not considered by planning staff or by the Planning. Commission. He advised that it would be appropriate to refer the matter back to staff and the Planning Commission for review of this new information before taking any action on the appeal. In addition, Mr. Montandon noted, for the record, that although Councilmember Luna owns property nearby, there is no conflict of interest with him deliberating on this matter. Joy Greenburg, 1.1655 Cenegal Road, urged the City Council to deny the appeal and uphold the Planning Commission recommendation. She added that the project would negatively impact her property and reported that the owner has done some grading without City approval. Ms. Greenburg read a letter from Cenegal Road residents John and Hunter Perry, who are also recommending denial. Jill Stegman, 10660 San Marcos Road, spoke in opposition to the subdivision and urged .denial of the appeal. Dorothy Flaherty, 12100 Cenegal Road, read a prepared statement urging the City Council to uphold the Planning Commission recommendation (see Exhibit B). Eric Greening, 7365 Valle, agreed with the comments of the previous speakers and pointed out that staff and Commission have followed the General Plan in making their recommendations. Marvin Horowitz, 10830 San Marcos, also expressed opposition and urged denial CC 5/14/96 Page 5 The City Attorney advised that the road abandonment, if approved, would not create significant liability for the City because the access that exists, although costly, could be installed. Councilmember Luna asserted that if the applicant desires to develop the parcels, she should prepare the environmental impact report and bare the costs of road construction instead of the City Council abandoning the road and :objecting the City to an inverse condemnation suit: Public Commehts: 'f Robert M. ("GrigOrl Jones, representing the applican , submitted a prepared statement and sunl arized major points in support of he appeal (see Exhibit A). Ken Wilson of Wilso Land Surveys presented over ad transparencies demonstrating the pr 'ect plan. Upon review of the doe ents submitted, Cou ilmember Luna Tasked staff for clarification of "defensibl space distances" fr houses as outlined in the Fire Department's response to ilson Land Sury s (included in Exhilbit A). Capt. Peter Gaw reported that def sible space d" tance is an important aspect for fire control and prevention. He a lained tha he department seeks reasonable clearance and noted that comp nce ca include clearing, fire breaks and other fire control techniques. Capt. G w res onded to additional Council questions relevant to emergency response. The City Attorney explained that in ded in the applicant's handout (Exhibit A) is a letter from the Fire Department hi was not considered by planning staff or by the Planning Commission. He a ised at it would be appropriate to refer the matter back to staff and the PI nning Co mission for review of this new information before taking any ction on th appeal. In addition, Mr. Montandon noted, for the record, that a hough Counci ember Luna owns property nearby, there is no conflict of inter st with him delibe ting on this matter. Joy Greenburg, 11655 enegal Road, urged the ity Council to deny the appeal and uphold the Planni Commission recommend a 'on. She addled that the project would negatively imp ct her property and reported at the owner has done some grading without City approval. Ms. Greenburg read a etter from Cenegal Road residents John and unter Perry, who are also recom riding denial. Jill Stegman, 10 60 San Marcos Road, spoke in oppositio to the subdivision and urged denial of he appeal. Dorothy Flah rty, 12100 Cenegal Road, read a prepared state ent urging the City Council to u hold the Planning Commission recommendation ( e Exhibit B). Eric Gree , ng, 7365 Valle, agreed with the comments of the pre' 'ous speakers and poin d out that staff and Commission have followed the Gen ral Plan in making eir recommendations. Marvi Horowitz, 10830 San Marcos, also expressed opposition and rged denial of the appeal. The City Clerk read letters submitted by Gretchen Gray at 10420 San Ma cos CC 5/14/96 Page 5 Road and from James and Veda Thomas, 11695 Vista Road (Exhibits C & D respectively). Grigger Jones, speaking once more on behalf of the applicant, requested that the City Council uphold the appeal and make specific findings as addressed in his letter. ---end of public testimony--- MOTION: By Councilmember Luna, seconded by Mayor Highland to deny the appeal in accordance with the Findings contained in the Planning Commission and staff recommendation; motions failed 2:3 (Carden, Bewley, Johnson voting No), MOTION: By Councilmember Johnson, seconded by Councilmember Carden to refer the tentative parcel map, including [new] input from the Fire Department, back to staff for transmittal to the Planning Commission. Discussion on the motion: Councilmember Bewley asked if the applicant would have to pay an additional fee. The City Attorney advised that the City Council has the discretion to waive the fee. Motion amended and adopted: Motion amended to include waiving of the filing fee. Amended motion to refer TPM 95001 back to staff and the Planning Commission passed 4:1 (Luna). Steve DeCamp reported that the matter would be noticed for the June 18th Planning Commission meeting and be brought back to the City Council three weeks after that date (7/9/96). Mayor Highland called a recess at 8:47 p.m. At 9:00 p.m., the meeting reconvened. 2. APPEAL OF PLANNING COMMISSION DETERMINATION THAT AUTO REPAIR IS NOT AN ALLOWABLE USE IN THE DOWNTOWN (Staff recommendation: Continue to 5/28/96, per applicant's request) Mayor Highland reported that this matter has been requested to be continued. There was no public testimony. By mutual consent, the matter was continued to May 28th, 1996. 3. GENERAL PLAN AMENDMENT 95-001 - Extension of urban services line to Commercial Tourist (CT) zone on east side of U.S. 101 at Del Rio Road (Planning Commission recommendation: Deny) Doug Davidson provided the staff report and recommendation to deny the General Plan amendment. He also reported that the Planning Commission was also recommending that Commercial Tourist (CT) properties at freeway interchanges CC 5/14/96 Page 6 be served by sewer and, further, that the Commission has urged the City Council to appropriate the resources necessary to do a comprehensive sewer improvement plan as soon as possible for the northern part of the City, west of U.S. 101 . Upon completion of this plan, the Commission also recommends that these CT zoned properties be reviewed at that time for sewer service, he added. Mayor Highland stated that it makes sense that the City do a comprehensive plan before the Urban Services Line (USL) is extended. Council questions to the Chief of Wastewater Operations followed. Mark Markwort clarified that there are no immediate plans to prepare a master plan for expansion of the sewer system, but noted that he would like to see comprehensive plan for the northand south ends of town. Councilmember Luna asked what would be the cost of the plan and who would pay for it. Mr. Markwort replied that a former study cost ',525,000 and speculated that the funds would come from the wastewater fund. Responding to Councilmember Luna's inquiry, the City Attorney reported that costs of the study could be recouped by applying a deferred reimbursement condition to new connections. Councilmember Carden voiced a concern that the General Plan reflects a CT node but yet it is not included within the USL. He observed that the property cannot be developed as it is zoned and commented that the City has a piece-meal approach to sewer. He emphasized that technical costs should be paid for by the project. Mark Markwort reported that on-going maintenance costs are of concern despite the fact that the developer pays for the construction costs. Councilmember Bewley agreed that the City needs a comprehensive sewer plan. He remarked that including the property within the USL does not mean that sewer will automatically be extended to it. Public Comments: Dell Hemingway, 3760 Willow Creek Road in Paso Robles, spoke in support of including property he owns on Del Rio Road within the USL. He said that a hotel could bring in needed revenue, but pointed out that it cannot go'in without sewer. The addition of another pump station would benefit others in the community, he added. Ron Rolfman, 6060 Ramona Road, spoke in opposition to including the property within the USL and urged the Council not to make a decision that will change the vision for the community because of current budgetary problems. Gloria Watson, 1620 San Ramon, asked the City Council to uphold the Planning Commission recommendation to deny. Rush Kolemaine encouraged the City Council to proceed with the study as recommended by the Planning Commission. Dell Hemingway, speaking for the second time, proclaimed that he thinks its a shame that one or two people can influence the Council and are attempting to thwart their desire to develop their property. ---end of public testimony--- CC 5/14/96 Page 7 MOTION: By Councilmember Carden to extend the USL to include the CT zone on the east side of Hwy. 101 at Del Rio Road. Councilmember Johnson seconded the motion and requested that it be amended to include direction to staff that they move forward with the study. The maker of the motion agreed to the amendment. Discussion on the motion: Councilmember Luna commented that he cannot agree to approving the General Plan Amendment before completing the study. He pondered what will happen if it is determined that the extension is not feasible. Vote on the motion: Amended motion to extend the USL passed 4:1 (Luna voting in opposition). Staff noted that an cost estimate, including how the study will be funded, will be brought back for final Council approval. C. REGULAR BUSINESS: 1. PROPOSED MOBILEHOME RENT STABILIZATION ORDINANCE (Recommendation: Provide direction) Art Montandon provided the staff report summarizing general principle prevalent in common law as it relates to mobilehome rent stabilization. He emphasized that the City Council must determine if there is a legitimate purpose and establish a formula for a just and reasonable return. Brief Council questions and comments followed. Public Comments: Marj McGoff, 10025 EI Camino Real Space #78 and spokesperson for many residents at the Rancho Del Bordo Mobilehome Park, urged the City Council to adopt the Proposed Mobilehome Rent Stabilization Ordinance for the City of Atascadero, prepared and submitted by the residents (included in the staff report). Also speaking in support of adoption of the Rent Stabilization Ordinance were the following individuals: Carl , 10900 Las Casitas (Hilltop Manor Mobilehome Park) David Blakely, San Luis Obispo County Board of Supervisor (District #5) Ed Walk, 10025 EI Camino Real #42 Barbara Reece, Hilltop Manor Mobilehome Park resident Robin Rameriz, Hilltop Manor Mobilehome Park resident Helen McGyver, paralegal, Senior Legal Project in San Luis Obispo Mary Joan Wallace, 10025 EI Camino Real #32 Charlene Hall, Oceano mobilehome park resident Charlotte Byrne, 4060 Tranquilla Michael Bryne, 4060 Tranquilla Jim Wolf, Rancho Del Bordo Mobilehome Park John McGoff, 10025 EI Camino Real #78 CC 5/14/96 Page 8 Wanda Bigg, Villa Margarita Mobilehome Park Ray Jansen,. 6655 Country Club Drive Rush Kolemaine, 4850 Potrero Road Clinton Alford, Rancho Del Bordo Mobilehome Park Betty Huff,10025 EI Camino Real #25 MOTION: By Councilmember Luna, Councilmember Johnson to continue past 11 :00 p.m.; motion passed unanimously. Ron Vanderpool, owner of the Lost Oak Mobilehome Park, submitted a letter in opposition to a rent stabilization ordinance (see Exhibit "E"). He asserted that there are many ways to resolve issues between residents and park owners and suggested that consideration be given to alternatives other than vent stabilization. ---end of public testimony--- Lengthy Council discussion followed. Councilmember Luna spoke in support of the rent stabilization ordinance proposed by the residents. Councilmember Johnson suggested that input be sought from the local mobilehome park owners. Councilmember Carden indicated that he would like to see various options for ordinance language. The City Manager suggested that a sub-committee consisting of staff, local park owners and residents meet to review and consider the issues before bring the matter back for City Council action. MOTION: By Councilmember Johnson seconded by Councilmember Bewley to have staff come back to the Council with a proposed ordinance after getting input from park owners and residents; motion passed unanimously. 2. ENERGY REDUCTION FEASIBILITY STUDY PRESENTATION BY LANDIS & GYR, INC. (Staff recommendation: Review & authorize letter to receive proposal) Brady Cherry provided the staff report. Barney Path of Landis & Gyr summarized the proposal and explained that the first step is to determine feasibility. He encouraged the City Council to allow his firm to complete a thorough energy study and noted that if it is determined that energy costs can be reduced, a project contract will be brought back for approval. Questions followed. By mutual consent, the City Council authorized a letter for Landis & Gyr to ;present a proposal to the City. 3. ORDINANCE NO. 302 - Amending the official City zoning snap by rezoning certain real property at 3425/3505 EI Camino Real from RS (Residential Suburban) to RSF-Y (Residential Single-Family Moderate Density) (ZC 95009/Verheyen) (Planning Commission recommendation: Motion to waive reading and adopt on second reading, by title only) 0 CC 5/14/96 Page 9 MOTION: By Councilmember Bewley seconded by Councilmember Johnson to adopt Ordinance 302 on second reading; motion passed 4:1(Luna voting in opposition). 4. FINANCE DIRECTOR'S REPORT FOR YEAR-TO-DATE ENDING MARCH, 1996 (Staff recommendation: Approve) Brad Whitty provided the staff report and responded to questions. Councilmember Johnson requested a break-down by department for General Fund expenditures. The Finance Director indicated he would provide the information request. The Finance Director's Report was accepted and approved. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports were given, as follows.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Councilmember Carden reported that Atascadero's share of Transit Development Act funding has been increased. 2. City/School Committee - Councilmember Johnson reported that the May meeting has been postponed until May 30' at 1 :30 in the School District Office. 3. Economic Round Table - Councilmember Johnson reported that that the Round Table will meet at 7:00 a.m. on May 15". 4. Finance Committee - Councilmember Luna announced that the Finance Committee had met to discuss the budget to-date. The year-to-date review will be conducted at 6:00 p.m. May 28th, he added. 5. Air Pollution Control District - The Mayor reported that the APCD will meet Wednesday, May 22nd 6. North County Council - Mayor Highland explained that the executive committee meeting scheduled for the 16th had been canceled. 7. Ad Hoc Regional Water Management Committee - Mayor Highland reported that the Salinas Dam Project is moving forward. In addition, he noted that he had requested that the Paso Robles City Council send a delegate to the various water committees to ensure sufficient representation for the North County. 8. Integrated Waste Management Authority - Councilmember Luna reported that the IWMA had met the proceeding week and had re-organized. He forwarded to the City Clerk a paper reduction policy approved by the Authority and suggested that a similar policy be considered. CC 5/14/96 Page 10 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilmember Bewley requested a status report on graffiti prevention. Lt. Barlow responded. Councilmember Carden mentioned that the Fair Political Practices Commission has guidelines relating to disclosure of air fare discounts and other in-kind services. Councilmember Luna requested a update on what progress has been made on collecting uncollected sewer service fees. The City Manager indicated that staff is assessing the situation and will be forwarding information to the Council in the near future. 2. City Treasurer Rudy Hernandez reported that he is in the process of developing a new investment policy and provided a progress report on investments. He noted'Ithat he is in the process of diversifying funds by removing some from the State Local Agency Investment Fund (LAIF) and transferring them into other financial institutions. A report will follow soon, he added. THE CITY COUNCIL ADJOURNED AT 12:05 P.M. THE NEXT MEETING WILL BE TUESDAY, MAY 28TH AT 6:00 P.M. FOR PURPOSES OF YEARJO-DATE BUDGET REVIEW, WITH THE REGULAR MEETING TO FOLLOW AT 7:00 P.M. MINUTES RECORDED D PR ARED BY: LEE PRI&-Ej C.M.0 CITY CLERK Attachments: Exhibit A (Lindsay) Exhibit B (Flaherty) Exhibit C (Gray) Exhibit D (Thomas) Exhibit E (Lost Oak Co.) CC 5/14/96 Page 11 CC 5/14/96 EXHIBIT "A" TO: HONORABLE MAYOR GEORGE HIGHLAND, MEMBERS OF THE ATASCADERO CITY COUNCIL FROM: ROBERTA LINDSAY,Applicant,/Robert M.Jones, Esq.,Applicant's Attorney/ Wilson Surveys, SUBJECT: APPEAL of Planning Commission's recommendation for denial of Tentative Map #95001. DATE: May 14, 1996 BACKGROUND: The Applicant is the owner of a single family residence at 11750 San Marcos Road. Consisting of a 7.5 acre parcel as well as an adjacent 10.42 parcel. The applicant proposes to divide the parcels into three parcels of 5.60, 5.96 and 5.96 acres each. The applicant desires to take advantage of the existing building sites with a minimum of grading,and vegetation removal. The result will be three parcels, each with a secluded house site, and each meeting the criteria of the General Plan and Zoning Ordinance.The proposal includes abandonment of San Cayetano which presently divides the existing parcels. Staff and the applicant disagree on whether the proposed division meet the various Land Use/Open Space Pian Policies and the more specific Zoning Ordinance Standards. The applicant submits that the proposed division and abandonment of San Cayetano,will comply with the Land Use Policies of the City, as well as the specific Zoning Ordinance Standards. GENERAL PLAN The subdivision is in accordance with community plans and principles and retains the desired character of the community. 1. Attached is the list of preliminary conditions for the proposed development from the Atascadero Fire Department. Please note that the requirements imposed by the Fire Department are acceptable to the Applicant. 2. Attached are the signatures of 25 individuals who reside in close proximity to the subject parcels. These neighbors agree that the subdivision is consistent with applicable General Plan policies. 3. The Applicant elected to proceed with a Tentative Parcel Map application instead of developing the existing parcel, based on better site design and to keep the subdivision within proper planning criteria for esthetic land division, minimum disruption of native vegetation and the maintenance of natural slopes. 4. The Applicant proposal wholeheartedly rejects the Planning Department recommended access road to the existing site and instead minimizes the grading and tree removal to substantially less than that proposed by the Planning Department. No more than 10 trees would be removed and less grading than proposed. 5. The Applicant offers a tree preservation easement on the properties that fulfill theLand UsePolicy of"Tree-covered hills shall be preserved to retain the distinctive scenic quality of the community." 6. Abandonment of San Cayetano is in the best interest of proper development. The nature of San Cayetano is of a poorly placed paper road with a potentially disasterous potential for slope scarring, and tree removal if ever developed. The abandonment of San Cayetano would not deprive access to any lots to the immediate east, and access to lots to the immediate west would be from the re-ploted Davis parcels. SPECIFIC PLAN/ZONING ORDINANCE STANDARDS i FLAG LOT. 1. The proposed lot sizes of 5.60, 5.96 and 5.96 meet the RS zone criteria for lot size. 2. The existing 10.42 acre legal lot is already a"de facto"flag lot. Access to this lot if developed as it presently exists would have to be by easement through the adjourning parcel, since access off San Cayetano would require the development of San Cayetano and an impermissable disruption of native slopes and existing vegetation. Therefore, the flag lot criteria for the subdivision ,where"installation of a standard street,either alone or in conjunction with neighboring properties is not feasible," is met. 3. The subdivision is consistent with the immediate neighborhood. Twenty-six owners and residents of property in the immediately surrounding neighborhood, concur. The surrounding area has numerous lots with long driveways, privately placed and secluded building sites. 4. The flag lot is justified by topographical conditions. Contrary to the statement of the Planning department, the accessway to the proposed lot is not included in the lot area. And while the accessway is not owned in fee by the lot farthest from the street, nor would access be owned by the preexisting "de facto flag lot". CONCLUSIONS It is respectfully submitted that the City Council make the following findings: 1. Uphold the Appeal of Tentative Parcel Map#95001, 11750 San Marcos Road. 2. Make the following specific findings: MAP FINDINGS: 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivisions is consistent with applicable General and Specific Plans. 3. The Site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision,and/or the proposed improvements,would not could cause substantial environmental damage nor substantially nor avoidably injure fish and wildlife or their habitat. G. The design of the subdivision,and the type of the improvements,would not conflict with easements acquired by the public at large for access through or the use of the property within the proposed subdivision. FLAG LOT FINDINGS: 1. The subdivision is consistent with the character of the immediate neighborhood. 2. The creation of flag lots by this subdivision is justified by topographical conditions,and is in accord with the intent and purposes of these regulations,the General Plan,and all specific plans. TENTATIVE PARCEL MAP 95001 11750 SAN MARCOS ROAD (LINDSAY/WILSON'SURVEYS) SAN CAYETANO ROAD ABANDONMENT WE, THE UNDERSIGNED NEIGHBORS OF THE PROPOSED TENTATIVE MAP 95001, DO HEREBY STATE: 1. We agree that the original alignment for the access road to Lot 19 Block 59 (Parcel 3) and additional Lot (Parcel 2): a) Is consistant with applicable General and Specific Plans, b) Is physically suitable for the type and density of the development proposed, c) The design of the subdivision would not cause any environmental damage, d) Would not conflict with easements acquired by the public for access through or the use of property within the subdivision,' e) The subdivision is consistant with the character of the immediate neighborhood, f) And is aesthetically very appealing. 2. The Road Abandonment of San Cayetano Road is to the best interest of the residents of 3-F Meadows. NAME ADDRESS t/ SS 5•9-�✓�/fi/Z c- S r' ; ` —� 11450 sne., ft1n,r*res 1156s-o 0-00 otamro /ao7o 12 aZc Al dr ma a. -- -� -� 1 I C,f►�� TENTATIVE PARCEL MAP 95001 11750 SAN MARCOS ROAD (LINDSAY/WILSON SURVEYS) SAN CAYETANO ROAD ABANDONMENT WE, THE UNDERSIGNED NEIGHBORS OF THE PROPOSED TENTATIVE MAP 95001, DO HEREBY STATE: 1. We agree that the original alignment for the access road to Lot 19 Block 59 (Parcel 3) and additional Lot (Parcel 2): a) Is consistant with applicable General and Specific Plans, b) Is physically suitable for the type and. density of the development proposed, c) The design of the subdivision would not cause any environmental damage, d) Would not conflict with easements acquired by the public for access through or the use of property within the subdivision, e) The subdivision is consistant with the character of the immediate neighborhood, f) And is aesthetically very appealing. 2. The Road Abandonment of San Cayetano Road is to the best interest of the residents of 3-F Meadows. NAME _ ADDRESS PS /b�nn �, Regie I�ox 9�Q,�, was ► I 155D SAu r►nAacs 3900 'Ts f-t'i"c WAX- J` � I l \ t L � � / r* rfr ,yrs l rg} R � r } A fl r l F k - Ycro A��ryr,yt�4 . e� ( 1 CITY OF ATASCADERO 11918 11 F 19 i- ERQ ;" FIRE DEPARTNIENT Wilson Land Surveys May 9, 1996 6715 Morro Road Atascadero, CA 93422 To: Ken Wilson Re: Proposed developement, 3-F Meadows area, 11790 San Marcos Road, TPM#95001 Dear Mr.Wilson, The following is a list of prelimenary conditions for the proposed development located at or near San Marcos Road, Atascadero, (TPM 95001). Fire Department comments are present in the early stage of proposed site development as a means to bring to the attention of the applicant/developer those fire regulations that may have an affect on the development prior to detailed plans being completed. Detailed building and fire code requirements are incorporated in to the original plans. Every plan shall include the minimum information required by California Building Code Section 302. All requirements shall be addressed either by plan comment or by plan detail. A separate specification document may not be considered as meeting the Section 302 requirement for a Fire Department review. The following comments based on the 1991 edition of the Uniform Fire Code (U.F.C.) and contain amendements required by the California State Fire Marshal.These specific items should be resolved before a permit is issued. This correction list is not a building permit. The approval of plans and specifications does not permit the violation of any section of the Uniform Fire Code or any federal, state or local regulations. This project is reviewed for specific occupancy and use. A change in use will require the approval of the Fire Department and will be subject to additional requirements. 1. Fire Apparatus Access [Fire Code Article 10, NFPA 1141, NFPA 299] Roads, streets, and ways, whether public or private, shall provide for safe simultaneous access for emergency fire equipment and civilian evacuation. This access spot terminates at least 50 feet and no more than 150 feet from the structure. Fire apparatus roadway access shall be provided to within 150' of any portion of the first story of an exterior building wall. This is measured by an approved route around the exterior of the building. When any 0005 LEMS .AVENUE ATASCADFRO, CA 93422 (80 5) 161-5070 FAX (S05) -466-2907 4. Turnouts shall be constructed every 400 feet along the driveways length, shall be a minimum 10 feet wide and 30 feet long with a 25 foot taper on each end. 5. A turnaround shall be provide at all building or structure sites on driveways over 300 feet in length and shall be within 50 feet of the building or structure. Turnarounds may be a 80 foot diameter bulb, or a Hammerhead T 92 feet long,or a Key Turnaround 56 feet long. B. Access roads shall be installed and in service prior to beginning combustible construction. C. If security gates are desired at any entrances to the project, they shall be provided with a fire department-approved entry system. Il. It should be noted that this project is outside the 5 minute response time of any current and proposed Atascadero Fire Department service. Resident cannot anticipate fire,emergency medical,or ther fire department response within that time. III. Automatic Sprinkler System A. An automatic residential fire protection sprinkler system will be required. B. The sprinkler system will be installed according to NFPA Pamphlet#13. Other NFPA standards contain fire sprinkler design criteria for control or suppression of specific hazards.These are listed in NFPA#13 Chapter 10. IV. Water Supply and Fire Hydrants A. Fire Dept standards per Uniform Fire Code call for one fire hydrant to be installed in meeting fire hydrant spacing and distribution requirements. However,due to the poor fire flow existing in the area, and in an effort to avoid a dead end main situation, the requirement for one fire hydrant to be installed will be waived. V. Fuel Modification Evaluation A. Fuel modification should be the primary mitigation measure.',All fuel, natural vegetation, as well as other flammable materials existing within the area shall be identified and rated as to its potential to increase the hazard. B. Factors that will be considered in a comprehensive assessment of the fuel hazard include the Fuel type identification,Fuel Loading (volume),and Size of fuel bed (acres). C. Fuel beds should be evaluated in terms of continuity, arrangement, and fire history. Additionally, fuel beds in heavy brush and/or woodland should be evaluated for abundance of downed or dead fuels. D. The purpose of the fuel modification effort shall be to develop defensible space to protect structures from approaching wildfire as well as to reduce the potential for a structure fire spreading to the wildland. E. The defensible space shall be initially provided by the developer and shall be maintained by the property owner. 1. Create defensible space around buildings. 2. Recognize the impact of steep slopes on fire safety. 3. Identify and manage trees to be fire safe. 4. Set up a continuous management program to maintain a fire safe property environment. 5. Develop a fire safe landscape plan for your home or business. VI. Slope and Aspect Fuel Modification Plan A. The percent of Slope,incline or slant is calculated as the rise or fall per 100 feet. The Aspect is the compass direction the slope is facing. Both slope and aspect greatly affect the potential for carrying fire, and very little opportunity exists to modify them directly. Where degree of slope or aspect are determined to affect the hazards, greenbelts or fuel breaks may offer a solution. B. Where consistent with ecological factors, less fire-prone vegetation shall be encouraged.Trees and brush shall be cleared away from structures for a distance that is determined to prevent ignition of either die structure or the vegetation, should the other burn. Vegetation existing away from the immediate area of the structure shall be thinned and pruned to prevent a fire from being carried toward or away from the strucutre. Over-mature,dead, and dying trees shall be evaluated as to their potential to ignite and carry fire. DEFENSIBLE SPACE DISTANCES* DISTANCE FROM HOUSE PERCENT SLOPEPU HILL SIDES DOWNHILL LEVEL TO 20% 100 ft. 100 ft. 100 ft 21% to 40% 150 ft 150 ft 200 ft 41% to 60% 200 ft 200 ft 400 ft VII. Native Trees A. The City encourages the protection of 13 species of native trees which are 2 inches and 4 inches or greater. Well-maintained trees, spaced to prevent crown fires and a few fire-resistant shrubs, can be maintained in the defensible space. B. The Department should be consulted when the building site is in close proximity to mature trees and encourages only professional pruning of mature trees as provided by local ordinance. [AMC Sec. 9-11.01] C. Before abating weeds and other noxious vegetation, a survey should be conducted to determine the location of tree seedings that may be protected. 9 PHOTOGRAPHS OF SITE 11750 San Marcos Rd. #1 VIEW OF SITE FROM SAN MARCOS RD. George & Ursula Luna house- Foreground #2 CLOSE-UP VIEW OF SOUTHEASTERN PORTION OF SITE. VIEW TOWARD SAN MARCOS RD. APPLICANT'S HOUSE TO NORTH (right in photo) WITH DRIVEWAY OFF OF SAN MARCOS TO PROPOSED PARCELS. #3 CLOSE-UP VIEW OF SOUTHEASTERN PORTION OF SITE. VIEW TOWARD SAN MARCOS RD. OVERLAY OF SAN CAYETANO PAPER ROAD. #4 CLOSE-UP VIEW OF SOUTHEASTERN PORTION OF SITE. VIEW TOWARD SAN MARCOS RD. OVERLAY OF EXPOSED PORTION OF EASEMENT TO BUILDING SITES. #5 VIEW OF SITE FROM SAN MARCOS RD. Luna house in foreground - OVERLAY OF GRADING BEHIND TREE SCREEN. CC 5/14/96 EXHIBIT "B" Good Evening! My name is Dorothy Flaherty and I am a resident of 12100 Cenegal Road, Atascadero. I wish to ask that the Council deny the Ms. Roberta Lindsay's appeal for a lot split on her property on San Marcos Road. Since the Planning Commission has denied this lot split for very good reasons including grading problems and the removal of 20 old trees, 1 believe the Council should not overrule this decision. The heavy winter rains which we have experienced the past few years cause the seasonal streams to run and if improper grading up above should affect the natural stream flow, neighbors below on Cenegal Road could be facing mudslides and erosion problems. Why not uphold the decision of the Planning Commission who have examined this plan and found it unsatisfactory. Thank you. CC 5/14/96 EXHIBIT "C" May 14, 1996 ATASCADERO CITY COUNCIL I am a resident of San Marcos Road and have just become aware of a proposed lot split at 11750 San Marcos Road. After viewing the site, I am shocked that anyone would propose a further splitting of this acreage. I am surprised, indeed, that there are actually three allowable building parcels. The land dropped off so precipitously from San Marcos Road that it is difficult to conceive of any?building on that steep land. Any construction that does occur will, I am sure, cause significant degradation of the extremely steep slope and grove of oak trees. To effect a further splitting of the lots would only exacerbate the degradation. It seems to me that, in this area, lots with that kind of topogiraphy are usually of a 15-30 acre size, with a small building pad and the remainder containing the steep drop-offs. I am, therefore, writing this; letter to support the Planning Commission's decision to deny any further lot splitting of Tentative Parcel Map 95001 and to commend them for their commitment to responsible land use planning. Gretchen Gray 10420 San Marcos Road Atascadero CC 5/14/96 EXHIBIT "D" City Council. We are writing this letter in support of the Planning Department's staff recommendation of a denial of a proposed three-way lot split on Tentative Parcel Map 95001 at 11750 San Marcos Road. This plan is not the sort of precedent that we would wish to be set for our 3-F Meadows residential area for several reasons: 1 . Substantial grading will result in substantial loss of our landmark oaks and make the steep hillsides more prone to erosion. 2.Creation of extra flag lots is not suitable to and does not conform to existing development in this area. 3.This area is high hazard for fires due to the steepness of the terrain. For this reason residential density should be lessened, not increased. Thank you for considering our concerns about this proposed development. Yo rs truly, ` . James E. and Veda S. Thomas 10695 Vista Road 3-F Meadows Atascadero, C.A. • CC 5/14/96 EXHIBIT "E" GLOST a Planned Family Mobilehome Community coo w Date: May 14, 1996 TO: George Highland, Atascadero City Mayor and Members of the Atascadero City Counsel FROM: .Lost Oak Moilehome Park , SUBJECT: Proposed Mobilehome Park Rent Control We believe that the issue of rent control is imposing the desires of a few upon the entire community. Mobilehome Park rent control is particularly sensitive to us because we are Mobilehome Park Owners. As mobilehome park owners, we, as a group, have great difficulty accepting the fact that governmental agencies feel free to "impose" a value to a space when no attempt is being made to control other types of rental property. The mobilehome parks in this area have tried over the years to remain competitive with their rents, their maintenance, their rules and regulations, their leases and their relationships with their tenants. Up to now, this has been very success- ful. It appears that now we are faced with a group of mobilehome owners who are victims of a 'greedy' parkowner and who have been victims of two previous owners since the original park owner sold a number of years ago. First, we must face the fact that Atascadero is a very lovely place to live and is known as the "Beverly Hills of the Central Coast". Until the econcmjc down- turn hit, the values continued to escalate to the point where it was to far too fast than was even realistic, regardless of the area in which we live. We do have to realize though, that there are a number of other areas of California that are as wonderful as ours and are reflecting that in their home values, apart- ment and condo rents and mobilehome park lot rents. For instance, in San Jose there are many lots that are leased at $900.00 a month. In the March, 1996 issue of The Californian (the publication sent to thousands of mobilehome owners throughout the state by the Golden State Mobilehome Owners League, or GSMOL) it was reported that the AVERAGE rents range between $230.00 and $400.00 per month with some ranging between $500.00 and $700.00. These figures are for 1990. The amounts charged for lot rental and the value of the mobilehomes which rest on them are usually set by supply and demand, . the area in which they are located, with each and every mobilehome park establishing their own values by the community. These values also vary according to the level of maintenance of both the homes and the parks, the leases and the rules and regulations by which the homeowners agree to abide. .r! The majority of cities that presently have rent control grant up to 6% per year per lot with a 10% increase upon acquiring a new owner and a new lease. In Concord, for example, they allow an increase of 600 of their local CPI or a per- centage of the existing rent not-to exceed 50, whichever is greater. Source: The Californian, by GSMOL. Proposed Mobilehome Park Rent Control Atascadero City Council Page 2 In Lost Oak Mobilehome Park, our park, the majority of leases are now at $350.00. A 6% increase per year (as allowed by our leases) would amount to an additional $21 per month, a 5% would be $17.50 and a 4% would be $14 per month. A 100 increase to a new owner would be $35.00 or $385.00 per month. For the past two years we have increased the leases $10/month and only raise the Lot upon change of ownership to the prevailing rent if that Lot had not experienced an increase for that year. In the Letter to the Editor, May 10, 1996 from Mary Jo Wallace, it was stated that the 'residents of Rancho del Bordo Mobile Park were required to sign or not sign by May 1 an additional five-year lease' .' It is California State Mobilehome Resi- dency Law that a tenant does not have to execute a lease longer than a month-to- month term if they so desire. The carrot seems to be the exemption for five years and after that an increase of 4% to 8% commences. Our lease is based upon the CPI Index also, however allows for a 6% increase, whichever is greater. We have not taken advantage of it and have never increased 6% with the majority of the in- creases less than 4% (last year being under 3%). We acknowledge that a mobilehome park is a unique creature with two owners of property - the mobilehome and the land. Problems arise when one or the other does not take care of their obligations as set forth in the lease and the rules and regulations. The cost set forth in the leases for rent is just one problem, but an important one. This should be cured either by the Court system or arbi- bration, but certainly not by a City Government stepping in and mandating the amounts to be charged for leasing lots, thereby interfering with park and home values that automatically set themselves in the market. Rather than disturb the free market place here in Atascadero because of one mobilehome park's problems with their owner(s) we would much prefer an arbi- tration-type resolution instead. Respectfully submitted: Ronald B. Vanderpool Jackie A. Vanderpool Owner/Manager Owner/Manager cc: Mr. Andy Takata Atascadero City Manager Agenda Item: A-2 Meeting Date: 6/11/96 ATASCADERO CITY COUNCIL MAY 28, 1996 MINUTES i The minutes will be distributed at a later date.; i • I REPORT TO CITY COUNCIL Meeting Date: 6/11/96 CITY OF ATASCADERO Agenda Item: A-3 Through: Andy Takata, City Manager From: Bradford Whitty, Finance Director SUBJECT: Adopting FY 1995-96 Annual Spending Limit. I RECOMMENDATION: Council adopt Resolution No. 35-96 establishing the annual spending limit for the Fiscal Year 1996-97. BACKGROUND: As part of the City's annual budget adoption process, the City's Annual Spending Limit, or "Gann Limit" must be approved by Council. Staff calculates the new limit based on the formula set forth in Proposition 111. This year's limit is calculated and shown below. The limit will increase by 2.45% or $175,065. A. Last Year's Limit $7,131,539 a B. Adjustment Factors Population 2.3089% Inflation 1.0632% Total Adjustment 2.4548% 175,065 A*B C. Annual Adjustment D. This Year's Limit 7.306.604 A*C E. Proceeds of Taxes 5,310,300 F. Exclusions: (Debt Service) <98,000> G. Appropriations subject to limitation 5,212,300 E-F H. Current Year Limit 7,306,604 D I. Over/(Under)Limit <$2,094.675 G-H 0001011 RESOLUTION NO. 35-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING THE FISCAL YEAR 1996-97 - ANNUAL SPENDING LD11T. • WHEREAS, Proposition 111 revises the methodology used to calculate the Annual Spending Limit; and WHEREAS, the City of Atascadero must select the most appropriate criteria to be used m calculating the annual limit; THEREFORE,BE IT RESOLVED by the City Council of the City of Atascadero. SECTION 1. That the City of Atascadero elects to use the following criteria for fiscal year 1996-97 in establishing its new Annual Spending Limit: City Population and California Per Capita Income SECTION 2. That the annual spending limit is calculated as follows: CURRENT LIMIT PERCENTAGE CHANGE NEW LIM TT $7,131,539 2.45% $7,306,604 SECTION 3. Any judicial action or challenge must be commenced within 45 days of the effective date of this Resolution. SECTION 4. Documentation used in determining the Annual Spending Limit is available to the public in the Finance Department, Administrative Building, 6500 Palma Avenue, Room 203 Atascadero, California. On motion by Counciimember , and seconded by Councilmember the foregoing resolution is hereby adopted in its entirety on the following roll call vote. AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor ARTHER MONTANDON, City Attorney 000012 MEETING ICDA DAT 6 11 96 fTEM# AA..-4........ g • MEMORANDUM E DATE: June 11, 1996 TO: City Council FROM:�'�_ Doug Davidson, Senior Planner SUBJECT: General Plan Amendment 95011 Extension of the Urban Services Line to the west side of U.S.101 at Del Rio Road On May 14, 1996, the City Council held a publicIhearing on the above-referenced matter. After review and discussion, including public comment, a majority of the Council votedto approve the General Plan Amendment. While the Council acknowledged the ' i limitations of the current sewage collection systom in the north part of town, the actual extension of the sewer ''facilities will occur upon commercial development on these sites. �,t that time, as with the In-N-Out Burger project, a commercial developer seeking sewer services will have to provide an acceptable engineering solution to extending the sewer. The extension of the USL allows the property to be marketed as available for development with sewer. The expansion of the USL encompasse$ the existing Commercial Tourist (CT) parcels only and no changes to the uses or standards of the CT zone is included in this amendment. As stated in the staff report and agreed to by the Council;, CT properties should be served by sewer, or at least provided the opportunity to have sewer service, in order to reach their development potential. i Attached is the Resolution necessary to formally ;change the Land Use Map. 4 's Attachments: Resolution 38-96 t i t Y 000013 g� RESOLUTION NO. 38-96 • A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY INCLUDING CERTAIN REAL PROPERTY AT 6009 AND 6010 DEL RIO ROAD AND 2000 RAMONA ROAD WITHIN THE URBAN SERVICES LINE (GPA #95011: City Initiated) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared in the 1970' s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on April 16, 1996; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1 . The proposed General Plan Amendment is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan Amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adequate. 3. The proposed extension of the Urban Services Line will not overburden the City' s sewer plant or collection system and will not adversely affect sewer service to other priority areas, specifically cease and desist locations. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA #95011 as follows : 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . 000014 Resolution No. 38-96 Page 2 On motion by and seconded by the foregoing resolution;, is hereby adopted in its entirety by the following roll call Grote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO CA GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 000015 III' 'Irij REPORT TO CITY COUNCIL Agenda Item: A-5 CITY OF ATASCADERO Date: June 11, 1996 Through: Andy Takata, City Manager L From: Michael P. McCain, Fire Chiu S {t 2 SUBJECT: Agreement for Assignment of Billing Rights for First Responder Services between the City of Atascadero and San Luis Ambulance Service, Inc. RECOMMENDATION: Adopt resolution #43-96 authorizing agreement with Sajn Luis Ambulance Services, Inc. for First Responder Services. i BACKGROUND: Beginning in the late 1980's, the San Luis Obispo County Fire Chiefs A sociation has been meeting with representatives of the San Luis Obispo County Board of Supervisors to resolve concerns pertaining to Ambulance j Performance Standards and cost recovery for the First Responder Fire units ! within San Luis Obispo County. In January of 1991, the Cities and County agreed to farm the Ambulance Performance Operations Committee (APOC). The committee is composed of two (2) City Managers, two (2) City Fire Chiefs, the County Health Officer, the Director of Emergency Medical Services Agency and a representative from the County Administrative staff. The committee is an advisory body to the Board of Supervisors. One of the pr~inlay purposes of this committee was for the development of a County Ambulance Agreement which included performance standards and cost recovery for the First Responder Fire Agencies. On March 26 1996 the County Board of Supervisors a roved .the agreement O ty P PP presented by (APOC), which provided that the San Luis i�Ambulance Service shall make certain payments to the City in exchamge for a general assignment of the City's Right to Bill persons for certain services provided by it's Fire Department in connection with emergency calls for medical assistance. 00001'7 i It should be noted that funding the First Responder contribution of $330,800 to the involved Cities will be accomplished by modest increases to the rate structure. The amount of the increase is dependent upon the type, location and time of day. Specific components will be increased by the following dollar amounts: Base rate $75.00, Mileage rate $4.50, Oxygen $5.00 and Standby Costs $20.00. Fiscal Impact: The San Luis Ambulance Service, Inc. shall pay the City of Atascadero a total of $70,500 annually as follows: Four (4) equal quarterly installments, due and payable to the City no later than the last business day of the second month of the following quarter. For example, payment for the quarter April 1, 1996 through June 30, 1996 is due and payable no later than August 30, 1996. Enclosures: Resolution # 43-96 Agreement for Assignment of Billing Rights 000018 RESOLUTION NO. 43-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN LUIS AMBULANCE SERVICE, INC. FOR FIRST RESPONDER SERVICES The City Council of the City of Atascadero, California hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with San Luis Ambulance Service, Inc. for First Responder Services. PASSES AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 11th of June, 1996. ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON,City Attorney 000019 AGREEMENT FOR ASSIGNMENT OF BILLING RIGHTS FOR FIRST RESPONDER SERVICES This Agreement for Assignment of Billing Rights for First Responder Services ("Agreement"),by and between the City of Atascadero,a municipal corporation("City') and San Luis Ambulance Service,Inc.,a California corporation("SLAS")is entered into on the date set forth below. Collectively,the parties to this agreement are referred to as "the parties". RECITALS Whereas, SLAS is party to a March 26, 1996 agreement with the County of San Luis Obispo to provide ambulance services within the County of San Luis Obispo, Whereas, Article 4 of the March 26, 1996 agreement with the County of San Luis Obispo provides that SLAS shall make certain payments to the City in exchange for a general assignment of the City's rights to bill persons for certain services provided by its fire department in connection with emergency calls for medical assistance; Whereas,City's fire department meets minimum Advanced Life Support Services requirements and/or EMT-D qualifications as set forth by the County of San Luis Obispo's Emergency Medical Service Agency; and Whereas,Article 4 of the March 25, 1996 agreement with the County of San Luis Obispo requires that the parties to this Agreement enter into a separate written agreement providing for assignment of the City's rights to bill persons for these services; NOW,THEREFORE, IN CONSIDERATION OF THE PROVISIONS SET FORTH BELOW,THE PARTIES AGREE AS FOLLOWS: 1. Definitions: The parties hereby incorporate by reference all definitions set forth in Article 1 of the March 26, 1996 agreement between SLAS and the County of San Luis Obispo. 2. Assiganent: City hereby assigns its rights to SLAS to directly bill and collect from persons for first-response emergency medical services provided by its fire department in connection with emergency calls for medical assistance. First-response emergency medical services provided by the City's fire department include,but are not limited to, providing initial stabilization and trained on-scene assistance,assistance en route to medical facilities as required,and extrication and rescue services. 3. Payment for Assi In consideration of the assignment set forth in paragraph 2 above,SLAS shall pay to City a total of$70,500 annually as follows: four equal quarterly installments,due and payable to the City not later than the last business day of the second month of the quarter next following the quarter for which payment is due. For example,payment for the quarter April 1,1996 through June 30, 1996 is due and payable not later than August 30, 1996. 4. Annual Adjustment to Pa=nts: Annual payments to the City shall be increased annually,effective on January 1 of each calendar year during the term of this Agreement. The increase,if any,shall be equal to the percentage increase of the Los Angeles-Long Beach-Anaheim Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics, to a maximum increase of five percent. In the event the Bureau of Labor Statistics shall discontinue publication of its Consumer Price 0000'10 index information, the parties shall agree on an alternative methods by which annual adjustments shall be calculated. 5. Indemnification: SLAS shall defend,indemnify, save and hold harmless the City and its officers and employees from any and all claims,costs and liability(including without limitation, attorneys' fees)for any damages, sickness, death,or injury to person(s) or property,including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or connected with the operations or services of SLAS or its agents, servants,employees or subcontractors, save misconduct of the city or its officers or employees. 6. Term: The term of the Agreement shall be five years,commencing April 1, 1996 and ending on March 31,2001. Unless this Agreement is terminated by either party pursuant to this Agreement,the term of this agreement shall be automatically extended for a period not to exceed twelve months. During this extension period,the Agreement shall remain in full force and effect as to all terms and conditions as applicable during the original five year period of the Agreement. If the Agreement is extended as provided,SLAS shall continue to make payments as set forth above,and City shall continue to assign its rights to directly bill and collect from persons for emergency services rendered by its fire department. 7. Early termination: This Agreement may be terminated by either party,in its sole discretion,upon one hundred eighty days' advance written notice to the other party. This Agreement may be terminated immediately upon written mutual agreement of the parties. Furthermore,City may terminate this Agreement immediately should the County of San Luis Obispo terminate its Manch 26, 1996 agreement with SLAS as provided in Section 7.3 of that agreement. 8. Modification: This Agreement may be modified or amended only by a written document executed by the City and SLAS. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided for in this Agreement, no other understanding or representation,oral or otherwise,regarding the subject matter of this Agreement, shall bind or a affect either of the parties. Executed and entered into this 11th day of June, 1996. City of Atascadero San Luis Ambulance Service, Inc. By: By: George P. Highland, Mayor Frank Kelton City of Atascadero President and CEO ATTEST: APPROVED AS TO FORM: By: By: Lee Price,City Clerk Arther R. Montandon City of Atascadero City Attorney 000021 1 � REPORT TO CITY COUNCIL Meeting Date: 06/11/94 CITY OF ATASCADERO Agenda Item: A-6' Through: Andrew J Takata, City Manager Via: Steven J Sylvester, City Engineer From: John B Neil, Assistant City Engineer SUBJECT: Acceptance of Improvements El Camino Real and State Hospital Entrance Signal and Lighting Project RECOMMENDATION: Staff recommends that the City Council accept the improvements;as complete and r authorize the payment of the retention. DISCUSSION: This project is Item A-127 in the City 5-Year Capital Improvements Plan. The $77,443 construction contract was awarded to Lee Wilson Electric Company by Council at their meeting of August 8, 1995 with the adoption of Resolution 78-95.; The anticipated expenditure at that time was $96,029.32; including construction, construction i contingencies, contract administration, testing, staking and inspection. FISCAL IMPACT: The available funding for the project identified in the 5-Year Capital Improvement Plan was a State Highway Account grant for$87,500 and $12,500 of Developer Impact Fees for a total of$100,000. The total expenditures for this project, asaof May 16, 1996 are: Design $ 8,619.03 Plan Checking 8VO-00 Pacific Gas and Electric 105.50 Construction 77,443:00 Administration, testing, staking and inspection 5,328.50 Totaling $ 92,$66.03 i I ATTACHMENTS: Attachment A- Notice of Completion 000023 RECORDING REQUESTED BY: (and when recorded, mail to:) City Clerk 4 CITY OF ATASCADERO 6500 Palma Avenue • Atascadero, CA.93422 {{ NOTICE OF COMPLETION NO TRANSFER OF PROPERTY Notice is hereby given pursuant to Civil Code Section 3093: 1 The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422 4. The nature of the interest of the owner is in fee. 5. A work of improvement on the property hereinafter described was completed on May 15, 1996. 6. The work done was EI Camino Real and State Hospital Signal and Lighting Project 7. The name of the contractor who performed such work of improvement was Lee Wilson Electric Company. The date contract was entered into was September 6, 1995. 8. The property on which said work of improvement was completed was in the City of Atascadero, County of San Luis Obispo, State of California, and is described as follows: The intersection of El Camino Real, San Raphael Avenue and the entrance to the Atascadero State Hospital. 9. The street address of said property is: None l Dated: ANDREW J. TAKATA, City Manager City of Atascadero VERIFICATION I, the undersigned, say that I am the City Manager, declarant of the foregoing Notice of Completion; 1 have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at the City of Atascadero, California. ANDREW ). TAKATA, City Manager City of Atascadero I 000024 REPORT TO CITY COUNCIL Agenda Item: C-1 • CITY OF ATASCADERO i Through: Andrew J. Takata MeetingDate: 06/11/96 City Manager File Number: ZC 95007 Via: Steven L. DeCamp, City Planner From: 0A Gary Kaiser, Associate Planner SUBJECT: Adoption of an ordinance amending the official CityZoning Map No. 19 by rezoning all that real property located between Old Santa Rosa Road, West Frontage Road, Atascadero Avenue and Portola Road presently zoned Residential Single Family with a one acre minimum lot size (RSF-Y) to Residential Single Family with a one-half acre minimum lot size (RSF-K) . RECOMMENDATION• • Approval and adoption of Ordinance No. 305 on second reading. BACKGROUND/ANALYSIS: On May 28, 1996, the City Council conducted a public',, hearing on the above-referenced subject. The Council approved Ordinance No. 305 on first reading. /Ph Attachment: Ordinance No. 305 000O28 ORDINANCE NO. 305 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING OFFICIAL ZONING MAP NO. 19 BY REZONING ALL THAT REAL PROPERTY LOCATED BETWEEN OLD SANTA ROSA ROAD, WEST FRONTAGE ROAD, ATASCADERO AVENUE AND PORTOLA ROAD PRESENTLY ZONED RESIDENTIAL SINGLE FAMILY WITH A ONE ACRE MINIMUM LOT SIZE (RSF- Y) TO RESIDENTIAL SINGLE FAMILY WITH A ONE-HALF ACRE MINIMUM LOT SIZE (RSF-X) (ZC #95007: LANINI) WHEREAS, the proposed Zoning Map amendment is consistent with the General Plan, as amended by Resolution No. 29-96, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverse effect on the environment and the Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on May 7, 1996 and has recommended approval of Zone Change #95007. NOW, THEREFORE, the Council of the City of Atascadero does • ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning designations. 2. The proposal is consistent with the goals and policies of the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts; .the Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Official Zoning Map No. 19 is hereby amended as shown by the attached "Exhibit A, " which is hereby made a part of this ordinance by reference. 000029 Ordinance No. 305 Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and positing of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances- of the City. Section 4. Effective Date. This ordinance shall go into effect and be in :full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Councilperson and seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the ;following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk 000030 ORDINANCE NO. 30�, EXHIBIT A Page -W ti0_ � ��� O� P• / V r \ Y P <v \ Q vQ Is V CN 40 Y . • /...: . » .. / Fes/ � � �, irk '�� / t. i. \ •: FROM: (RSF—Y) \ T0 : "RSF—X" KEY: New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged Uv00