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Agenda Packet 07/22/1997
PUBLIC NOTICE ATASCADERO CITY COUNCIL ADDENDUM TO AGENDA THE FOLLOWING ITEM IS HEREBY ADDED TO THE ATASCADERO CITY COUNCIL CLOSED SESSION AGENDA FOR JULY 22, 1997: 6:30 P.M. - CLOSED SESSION 3) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Govt. Code Sec. 54957 et seq) Name of case: McHale v. City of Atascadero Posted: 7/18/97 ��/1� ►.� . MARCIA M. TORGERSON City Clerk *PUB JC REVIEW COPY III do not V# from gM ATASCADERO CITY COUNCIL ' REGULAR MEETING JULY 22, 1997 CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA RO M'' 7:00 P.M. George Harold r Ray Jerry Ken Luna Carden Johnson Clay Lerno 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 refarra to staff with specific requests for information; continuance;specific direction to staff concer ' the policy or mission of the item; discontinuance of consideration; authorization t9 enter into negotiations and execute agreements pertaining to the item; adoption or proval; and, disapproval. Copies of the staff reports or other documentation relating to each it of business referred to on the agenda are on file in the office of the City Clerk (Room 2G8) and in the Information Office (Room 103), available for public inspection during City Hail birsiness 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, f805) 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. 6:30 P.M. - CLOSED SESSION: CONFERENCE;WITH LABOR NEGOTIATOR (G.C. Sec. 54957;6) Agency negotiator: Roy Hanley Employee organizations: Mid-Management/Professional, Atascade o Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620 2. CONFERENCE WITH LEGAL COUNSEL -CITY MANAGER RECRUITMENT (G.C. Sec. 54957) 7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Participa back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COUNCIL,COMMENTS PROCLAMATION:• "National Night Out", August 5, 1997. [Police Department] COMMUNITY FORUM REGULAR BUSINESS: 'Salinas Reservoir'Expansion Project [Councilmember Clay] (Staff recommendation: Respond to Draft EIR and record concerns relative to effects on water supply and public safety [Roy Hanley]) A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion on these items.` A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar:;,: 1. CITY COUNCIL MINUTES - April 8, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES June 24, 1997 [Marcia Torgerson] (City Clerk's recommendation; Approve) 3. RESOLUTION NO. 49=97 - Authorizing placement of annual payment for Assess- ment Dist. No. 10 (Santa Rosa, Area F) on the Property Taxes for fiscal year 1996- 97 [Brady Cherry) (Staff recommendation: Adopt) 4. RESOLUTION NO. 66-97 -Authorizing the execution of an agreement with PARC, Contractors Inc. for asbestos abatement at the Atascadero Youth Recreation Center [Brady Cherry] FISCAL IMPACT.• $13,000 Council-authorized CDBG funds/56,350 ARCC funds (Staff recommendation: Adopt) 2 5. RESOLUTION NO. 67-97 - Authorizing the execution of an agreement with Electricraft, Inc. for electrical improvements at the Atascadero Youth Recreation Center '[Brady Cherry] FISCAL IMPACT. $20,160 Council-authorized CDBG fundsl$1,662 ARCC funds (Staff recommendation: Adopt) 6. RESOLUTION NO. 72-97 - Amending Resolution No. 120-92, whi h authorizes road closures related to Farmer's Market [Brady Cherry]' (Staff recommendation: Adopt) 7. STATUS REPORT ON GENERAL PLAN SAFETY ELEMENT UPDATE [Steve DeCamp] (Staff recommendation: Receive & file) 8. WASTEWATER TREATMENT FACILITY UPGRADE,STAGE 1 DESIGN FEE NEGOTIATIONS [Brady Cherry] FISCAL IMPACT.• 1997-98 Wastewater Divn. Budget, an ticipa tec f @`10-15% of anticipated $1,859,000 construction cost (Staff recommendation: Direct City Engineer to negotiate a reasor7able fee for stage 1 engineering design) 9. DECLARATION OF SURPLUS EQUIPMENT [Brady Cherry] FISCAL IMPACT. Estimate $1,200 in auction revenues to waste ater facility improvement fund (Staff recommendation Declare equipment as surplus) 10. RESOLUTION NO. 70-97 - Awarding a contract to Souza Constru tion, Inc. for the construction of the Minor Road Repair Projects, FY 1996/97 (Bid 97-01) [John Neil) FISCAL IMPACT.• Total expenditures, $135,213.40/Total revenu s $135,213.40 (Staff recommendation: Adopt) 11. RESOLUTION NO. 71-97 - Awarding a contract to NFL Construct on, Inc. for the construction of the State Route 41/Atascadero Ave. Storm Dram Project (Bid #97- 07) [John Neil) FISCAL IMPACT.• Total expenditures, $935,684.90/Total revenu 9s $935,684.90' (Staff recommendation: Adopt Res. No. 71-97/Revise adopted F 1997/98 budget) 3 12. TENTATIVE PARCEL MAP 96008, 8805 OLD SANTA ROSA RD. - Consideration of final parcel map to divide one lot of 1.50 acres in size into two parcels of 0.76 and 0.74 acres each for single family residential use [Steve DeCamp] (Planning Commission/Staff recommendation Accept) B. PUBLIC HEARINGS: 1. HEARING OF PROTESTS REGARDINGPLACING DELINQUENT SOLID WASTE CHARGES ON THE 1997/98 PROPERTY TAXES [Rachelle Rickard] A. Resolution No. 64-97 - Placing delinquent solid waste charges on the 1997/98 Property Tax bills FISCAL IMPACT:• Net additional $428.91 in franchise fee revenues [Staff recommendation: Adopt] 2. HEARING`OF OBJECTIONS`REGARDING PLACING WEED ABATEMENT CHARGES ON THE 1997/98 PROPERTY TAXES [Mike McCain] A. Resolution No. 65-97 - Confirming the cost of weed abatement FISCAL IMPACT.• No direct impact [Staff recommendation: Adopt] 3. ORDINANCE NO. 331 - Amending Chapter'2 of Title 11 (Subdivision Ordinance) of the Municipal. Code delegating to the Planning Commission the authority to approve, conditionally approve or disapprove tentative tract and parcel maps [Steve DeCamp] (Staff recommendation: Motion to waive reading in full and introduce on first reading by title'.only) 4. ORDINANCE NO. 332- Adding Chapter 15 to Title 7 of the Municipal Code pertaining to encroachment permits [John Neil) (Staff recommendation: Motion to waive reading in full and introduce on first reading by title only) C. REGULAR BUSINESS: No scheduled items. 4 D. COMMITTEE REPORTS (The following represent standing commit ees. Informative status reports will be given, as felt necessary.). 1. S.L.O. County Mayors Group 2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 3. City/School Committee 4. County Water Advisory Board/Nacimiento Water Purveyors Advis ry Group 5. Economic Round Table 6. Finance Committee 7. Air Pollution ControlDistrict 8. North County Council 9. Ad Hoc Regional Water Management Committee 10. 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 5 RULES OF PUBLIC PARTICIPATION: I' 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 Membersofthe 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 Mot 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. 0 All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. 0 No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. 0 A person may speak for five (5) minutes. 0 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. 0 Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. 0 The ''floor will then be closed to public participation and open' for Council discussion.' COMMUNITY FORUM: 0 The Community Forum period is 'provided to receive comments from the public on matters other than scheduled agenda items. 0 A maximum of 30 minutes will be 'allowed for Community Forum,> unless Council authorizes an extension. 0 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. "NATIONAL NIGHT OUT 1997" August 5, 1997 WHEREAS, The National Association of Town Watch (NATW) is syonsonng a unique, nationwide crime, dnV and violence prevention program on August 5, 1997 called National Nyht out and WHEREAS, The„140`Annual National Nght Out"provides a unique off rtunity for Atascadero to join forces with thousands of other communities across the country in yromotih,qcooperative, yohce- community crime and drug prevention e f forts; and wHEREAs, Neyhborhood Watch plays a vital role in assisting the AtZC94 ero police Department through joint crime, drug and violence prevention of forts in Atascadero and is supfo find „National Nyht Out 1997" local and /'f WHEREAS, I t essential e is sent al.than all citizens. o Atascadero be aware o t importance o Crim f f p f prevention programs and the impact that their fartic" ation can have on reducing crime, drugs and violence I n Atascadero; and WHEREAS Police-communi artner hi ne' hborhood s e awarene and cooperation are s s tYp p g �tY f important themes of the `Na ttonal Nyht out ro�am f - NOW, THEREFORE, The Atascadero city Council does hereby yroclaim Tuesday, August s, 1997 as National Night out and encourages all citizens o f Ataseadero to join Neighb rhood Watch and the National Association of Town Watch in supporting the "14th Annual National Nyht I)ut". RAY JOHNSON, Mayor City of Atascadero CA Dated: July 22, 1997 REPORT TO CITY COUNCIL . CITY OF ATASCADERO Agenda It(an: Special Presentation Through:h: Rob rt Grogan,n r Meetins Dat-e: July 22, 1997 Interim City. Manager Via: m ' � Steve D eCa p, City.. Planner. From: Gary Kaiser, Associate Planner File o: Salinas Dam SUBJECT: I Proposal to increase the capacity of the Salinas R servoir (aka Santa Margarita Lake) and divert additional water for domestic use in the City of San Luis Obispo RECOMMENDATION: The Council .should respond to the Draft Environmental Impact � Report (DEIR prepared ed for the project and go on record with its concerns relative to the project' s effects on Atas adero' s water supply and public safety. . DISCUSSION• A Draft Environmental Impact Report (DEIR) has been prepared for the City of San Luis Obispo' s proposal to nearly double the capacity of the Salinas Reservoir (aka Santa Margarita Lake) by installing an operable gate in the spillway of the existing dam. The project would raise the peak water elevation i the Reservoir approximately nineteen (19) feet. Most of the project' s impacts do not directly affect Atascadero. Mitigating biological and recreational resources 1 st to inundation, for example, will undoubtedly be the subject of controversy in themselves. Although individual members of the Council may wish to comment on the project as ,prix to citizens, a formal response from the City should pertain to th se aspects of the project that will affect-Atascadero-directly. To wits 1 . Less Water. The project will reduce surface flows in the Salinas River, and lower groundwater levels' in the vicinity of Atascadero.- The extent to which water levels will actually drop, however, may be in question. The DEIR states that surface flows and groundwater levels near Atascadero will be reduced by approximately 3.52% and from 0.14 to 0.46 feet, respectively. Although the DEIR concedes this 'reduction would constitute a significant effect when viewed in combination with the demands of other downstream water users, it concludes that the project' s contribution to potential water supply problems is insignificant. The above figures were calculated as "annual average effects." The usefulness of these figures is questionable as they seem to oversimplify the issue and underestimate the effects of the project in and immediately after periods of consecutive dry years. The DEIR states that "the largest project-related effects on downstream flows would occur in wet years following drought periods when the reservoir had below average storage (Page ;3.4-19) This is Iprecisely the time when Atascadero needs the water the most. The Atascadero Mutual Water Company, very much concerned with the project and having similar concerns about the methodology used in the DEIR, plans to respond. 2. Increased Risk of Upset. In the event that seismic activity or some other such occurrence causes the dam ,to fail at a time when the reservoir is filled to capacity, more of Atascadero will be inundated and that flooding will occur more rapidly. The DEIR estimates water levels would be "4-feet or less higher in the vicinity of Atascadero and that the flood waters would reach Atascadero 42 minutes faster than they would should such an event occur at the reservoir' s current capacity (Pages 3.4-26 & Figure 4-6 respectively) . The DEIR states that such an event "would likely inundate stretches of the Southern Pacific railroad downstream from the canyon, as well as impact homes in residential neighborhoods in Atascadero (Page 3.4-26) ." As shown by Appendix A, Figures A-3 & A-4, the entire River Gardens area would be inundated as would the entire area in the vicinity of the Wranglerette Arena. In addition, Atascadero Creek would swell below the railroad overpass and flood the entire area between Traffic Way and the proposed Highway 41 alignment, north of the junior high school. By the time the Council considers this staff report, they will have attended a- joint -meeting with the Paso Robles City Council. Since the deadline for DEIR comments is not until July 25, 1997, the Council should be able to incorporate any new concerns that may be `identified during that meeting into their response as well as any stemming from their scheduled July 22, 1997 discussion. �genda Item: A-1 Meeting Date: 7/22/97 ATASCADERO CITY COUNCIL APRIL 8, 1997 MINUTES Mayor Johnson called the meeting to order at 7:04 p.m. and Councilmar Clay led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson Absent: None Others Present: Marcia M. Torgerson, City Clerk Staff Present: Robert Grogan, Interim City Manager; Roy Hanley, ity Attorney; Steve Decamp, Acting Community Development D rector; Lt. Bill Watton, Acting Chief of Police; Brady Cherry, Community Services Director; Cindy Halton, Deputy City Clerk; Kelly He fernon, Admin- istrative Analyst; Geoff English, Recreation Coordinator PROCLAMATIONS: The Mayor read the following proclamations: • "Atascadero State Hospital Volunteer Recognition Day", April 16, 1 97 -'Although not present at the time of issuance, the proclamation was later accepted (under Community Forum) by Larry Kessinger of Atascadero State Hospital. • "Electrical Safety Month", May 1997 (SLO County Labor Manageme t Cooperation Committee) - Accepted by Ron Nabors, President of local 639, Intl. 3rotherhood of Electrical Workers. • "California Earthquake Preparedness Month", April 1997 - No one fo mally accepted the proclamation, however Actin Police Chief Watton announced that blic information P 9 p regarding earthquake preparedness is available at the once and fire stations, as well as g 9 q P p p , at City Hall. • "National Library Week", April 13-19, 1997 - No one present to accept. COMMUNITY FORUM; . Raymond Jansen, 6655 Country Club Dr., Atas., proclaimed that he is a idealist and shared that he will duplicate copies of newsletters put out by two Quaker Organizations— the Friends Committee on Legislation in Sacramento and the Friends Committee on National Legislation in Washington--and make them available at 50 per page to anyone interested. He invited the Counciltoconsidersubscribing. CC 4/8/97 Page 1 Joan O'Keefe, 9985 Old Morro Rd. East, read a prepared statement (Exhibit A, attached) taking issue with comments made during an oral presentation by City Attorney Roy Hanley at the March 251h City Council meeting concerning enforcement of the Tree Ordinance. Eric Greening, 7365 Valle Ave., (1) shared the concerns of the previous speaker, (2) encouraged that the City Council take a strong lobbying position to encourage the County's restoration of an 18% cut in the library operating budget which occurred approximately . four years ago due to the fiscal emergency in the state at that particular time (3) noting that the revised Draft-EIR on the Salinas Dam raising by the City of San Luis Obispo is likely to be made publicly available soon, he encouraged that the issue of earthquake safety of a higher dam be closely scrutinized in the interest of public safety; (4) announced that tomorrow evening Dan Verden of the Bicycle Federation of America will be giving a presentation on bicycle- and pedestrian-friendly communities at the SLO Vets.Hall, 6:00 p.m. (5) on Friday, Stan Claussen, Planning Director of Aspen, CO, will be visiting,San Luis Obispo and giving a speech at Cal Poly at 8:10 a.m. on the topic of how the downtown was made more pedestrian-friendly and how downtown parking & access, multi-modal and regional transportation planning issues were addressed. Larry Kessinger of Atascadero State Hospital thanked the Council for proclaiming April 16' "ASH Volunteer Recognition Day" and formally accepted it from the Mayor. CITY COUNCIL COMMENTS Mayor Johnson expressed the City Council's condolences to City Treasurer Rudy Hernandez, whose mother passed away on Friday, April 41h Mayor Johnson announced a meeting is scheduled for 6:00 p.m. on April 171''regarding compliance with the Americans with Disabilities Act, to be held'in the 41 Floor Rotunda Rm. Additional information is available from Brady Cherry.` Mayor Johnson announced a meeting is scheduled for 7:00 p.m. on April 24t1' regarding the site selection for a north county campus of Cuesta College, to be held in the 4" Floor Rotunda Rm. It is being co-sponsored by;Cuesta College, Sen.Jack O'Connell and the City of Atascadero. The public is encouraged to attend and participate in the discussion. Mayor Johnson asked City Attorney Roy Hanley to make a brief presentation on how to -process the consent calendar. Mr. Hanley did so, noting that the voting procedure the City has been using is correct, according to Govt. Code Sec. 87102.5 (which sets out the rules for declaring conflicts of interest and removal from a vote). Related discussion ensued. Councilman Luna suggested, and the full Council concurred, that there be a policy among the Council;members that they individually should state a potential conflict on consent calendar items and, therefore, will not vote on them. Should such items be pulled for separate discussion, the member with the potential conflict will step down from the dais so as not to participate in the discussion and vote. Staff-was reminded to list the names of applicants.on all items. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - January 28, 1997 (Marcia Torgerson] (City Clerk recommendation: Approve) 2. CITY TREASURER'S REPORT - January, 1997 CRudy Hernandez] (City Treasurer's recommendation Review & accept) CC 4/8/97 Page 2 3. CITY TREASURER'S REPORT - February, 1997 [Rudy Hernandez] (City Treasurer's recommendation: Review & accept) 4. TENTATIVE TRACT MAP 95001, 8805 ATASCADERO AVE. - Consideration of final tract map to divide two existing parcels into five lots of one-half acre each (net) for single-family residential use [Steve DeCamp] (Staff recommendation: Approve) 5. TENTATIVE PARCEL MAP 96015, 5075 TRAFFIC WAY - Consideration of application for the creation of five airspace condominium units within three industrial buildings currently under construction (Gearhart/Cannon Associates) [Steve DeCamp] (Planning Commission/Staff recommendation: Approve) 6. AWARD OF BID FOR PURCHASE OF ELECTRICAL CONTROLLER FOR WASTEWATER PUMPING STATION NO. 3 [Mark Markwort] (Staff recommendation: Award bid) 7. RESOLUTION NO. 22-97 - Approving a Memorandum of Understanding with the Atascadero Unified School District for the Atascadero Family Preservation Project [Brady Cherry] (Staff recommendation: Adopt) Councilman Lerno pulled Item A-5, Councilman Clay pulled Item A-4 and(Rush Kolemaine pulled Item A-6 for separate discussion. Motion: By Councilman Luna, seconded by Councilman Clay, to approve Items A-1,2, 3 and 7. Motion passed by 5:0 roll-call vote. Re: Item A-4: Steve DeCamp provided a brief overview of this item. There was no public comment. Motion: By Councilman Carden, seconded by Councilman Luna to approve Item A-4. Motion passed by 5:0 roll-call vote. Re: Item A-5: Councilman Lerno stated he has a conflict of interest on this item. There was no public comment. Motion: By Councilman Carden, seconded by Councilman Clay, to approve Item A-5. Motion passed by 4:0 roll-call vote, with Councilman Lerno abstaining- Re: Item A-6: Brady Cherry provided a brief overview of this item. Public Comment Rush Kolemaine, Box 1990, Atascadero, expressed concern about items such as this which appear with little information as to cost for the benefit of the public. It was clarified that the complete agenda packet is available at the public library, Room 107 of City Hall, as well as the City Clerk's Office. The City Manager was asked by Mayor Johnson to take under advisement the expressed concerns as to what information appears on the face of the agenda. CC 4/8/97 Page 3 Motion: By Councilman Clay, seconded by Councilman Carden, to approve Item A-6. Motion passed by 5:0 roll-call vote. B. PUBLIC HEARINGS: 1. 1997 COMMUNITY DEVELOPMENT BLOCK GRANT [Steve DeCamp] (Staff recommendation: Recommend specific 1997 CDBG allocations to be included in the County Consolidated Plan) Steve DeCamp introduced Kelly Heffernon, who has been overseeing the current cycle of the CDBG program and provided the staff report. He noted that Dana Lilley of the County was available to assist in the presentation. Council questions and discussion followed the staff report. Councilman Luna asked for evidence of how the Economic Vitality Corporation has benefitted the low- and moderate-income people of Atascadero since the City's award of $85,000, plus administration fees, to the EVC revolving loan fund last year. Susan Cotler, EVC Board President, provided a status report. She indicated the EVC Loan Committee will review a $150,000 application which has been submitted. She reviewed the major goals of the EVC, which are business retention, expansion and the attraction of new businesses. She noted there is an obligation for businesses to repay borrowed funds within a 3-year timeframe, so the funds remain available for other business opportunities within the City. She urged Council's support and consideration of the requested funds and responded to additional questions. Lengthy staff and Council discussion ensued, including the topic of the CDBG funds allocated for the Carlton Hotel project. Councilman Luna asked for a report on how last year's award to the EOC was spent. Jim McNamara, EOC Program Director, provided a status report. He conveyed that about $7,000 has been used to date, and he expects the total of the $16,000 allocated last year by the Council for senior housing to be expended within the contract year (October '96 to October '97). Councilman Clay commented that he is aware that the individual(s) attempting to purchase the Carlton Hotel are concerned that the City may not be supportive of the project, given the problems encountered with the previous developer. Steve DeCamp commented that the Carlton Hotel is, personally, his first priority for construction in the City, and his department staff have consistently provided a high level of support toward a successful project. He reiterated staff's reasons for not recommending funding in this CDBG cycle were that there was no clear indication of a viable purchaser or project, so it was simply not a competitive application. Several Councilmembers voiced that they continue to support a viable Carlton project. Public Comment Jose Lemos, Director of FORSA Federation, an advocacy group for affordable housing throughout the county, expressed a concern he continually hears about the need for a focus on the production of jobs which provide upward mobility and livable wages. He encouraged the Council to monitor the use of the funds which become more precious every year to assure their benefit to low-income persons. Leon Korba, Santa Ana Rd., commented on questions that he feels should be clearly answered relating to (1) the 20% of administrative costs on CDBG grants and what per- CC 4/8/97 Page 4 centage of loan funds remain, and (2) what investigations are done on the organizations who are awarded funds to ensure they are used as intended. Janice Casaca, 8075 San Marcos, representing the Tot Lot Committee, asked for Council support of the full amount of their application and outlined their fundraising efforts to date. Linda Lawhorn, 2763 Saddleback, Paso Robles, spoke in support of the Tot Lot Committee application, noting her family uses the Lake Park frequently. She added that she has a child with special needs and that there are no play areas in the north county which accom- modate such children, which the Tot Lot-planned play area will do. Susan Macari, representing the BIA, spoke in support of the EVC's application. She noted the number of vacant buildings in the City's downtown area, the attitude''of the BIA for business retention and the need for a strong sales tax revenue base. Nicole Johnson read a letter on behalf of Linda Stewart, Director of Ataseadero Coop Pre- School, in support of the Tot Lot Committee application. Cheryl Fraggione, Moms Club President, spoke in support of the Tot Lot Committee request. Rush Kolemaine, Box 1990, asked how the Fire Dept. qualifies for the funds requested by them, to which Fire Engineer Steve Knuckles responded. He reported that the funds will be used for asbestos removal and the separation of the fire apparatus and medical clean-up area away from the firefighters' living quarters. An emergency exit from'the living quarters is also planned. Mr. Kolemaine expressed opposition to the use of these';grant funds for the needs expressed. Dale Magee, 6920 Serra Ave., spoke in support of the Fire Department's;full request for $76,000 and that the difference between what is being requested and what staff is recommending be taken from the EVC allotment. Dana Lilley, County Planning & Building/CDBG staff contact, expressed he has been working with City staff to bring closure to the problems encountered with the Carlton funding and that the County supports the project. He reviewed how disbursements from HUD for the various grant awards are handled and responded to questions from Council. He added that he has been working closely with City staff on the current','CDBG applica- tions and staff's recommendations are true. Eric Greening, 7365 Valle, suggested that the City assure that it is included in the reporting loop on how grant money is to be used and then how it was actually spent, as most grant sources generally require. He feels the delay in the creation of jobs from last year's EVC grant award is surprizing and that if no other source is available to draw from to fund the Fire Dept.'s request, the money should come from the EVC's allotment. Kendra Parker, 4242 Shadow Canyon Rd., Templeton, spoke in support of the Tot Lot request. Brief Council discussion followed the public comments. Motion: Councilman Carden, seconded by Councilman Luna,;to approve staff funding recommendations for applications 1, 3, 6, 7, 8, 9, 10 and 11, with 20% administration fee. Motion passed by 5:4 roll-call vote. CC 4/8/97 Page 5 -- COUNCIL RECESSED FOR A BREAK FROM 9:10-9:20 P.M. — C. REGULAR BUSINESS: 1. RESOLUTION NO. 21-97 - Authorizing the execution of an agreement between the City and Beach Cycle Rentals for boat & equipment rentals at Atascadero Lake Park [Brady Cherry] (Parks & Rec. Commission recommendation: Adopt) Brady Cherry provided staff report and responded to questions from Council. Public Comment Eric Greening, 7365 Valle, asked if we know what the price of the proposed concessions will be and if some of the current fleet could be retained and offered at reduced rates so as not to price out low-income persons. Brady responded that, to be successful, the rentals will need to be at market-based prices but supported Mr. Greening's suggestion and said that staff could offer some of the older paddle boats to be offered for reduced rental rates. Motion: By Councilman Carden, seconded by Councilman Lerno, to adopt Resolution No. 21-97. Motion passed by 5:0 ro/%ca// vote. 2. NOTIFICATION OF PROPOSED SOLID WASTE RATE INCREASE, EFFECTIVE MAY 1, 1997 [Bob Grogan] (Staff recommendation: Information only) Bob Grogan provided a brief overview, noting this is an information item only and requires no action by the Council Public Comment Mike Hoover, General Manager of Chicago Grade Landfill, conveyed that the City comprises 2/3 of their revenue and the landfill is interested in keeping the lines of communication open and in the continuation of the present arrangement. This represents a cost of living adjustment (COLA) and there is no merit increase proposed. Daphne Fahsig, 5105 Llano Rd., asked if there can be some consideration for those who do not put out much volume, e.g. base the rate on pick up instead of a set amount per week. Mayor Johnson responded that this is an information item only and the rate structure is not under consideration at this time. 3. AMENDMENTS TO METHOD OF APPOINTMENT OF CITY BOARDMEMBERS & COMMISSIONERS [Roy Hanley] A. Ordinance No. 327 - Amending Sections 2-9.01, 2-12.01 and 2-13.03 of the Atascadero Municipal Code to provide a method of appointment of Planning Commissioners, Parks & Recreation Commissioners and members of the Building & Construction Board of Appeals (Staff recommendation: Motion to waive reading of ordinance in full and introduce on first reading, by title only) CC 4/8/97 Page 6 B. Resolution No. 23-97 - Amending the appointment process for City boards & commissions (Staff recommendation: Adopt) Roy Hanley provided staff report and responded to questions from Council Public Comment Rush Kolemaine, Box 1990, expressed appreciation for the efforts to reform the appoint- ment process. He asked whether the Council intends to have the City Clerk recruit at specific times of the year or will a list be developed in advance of anticipated vacancies. Marcia Torgerson responded that past practice has been to notify applicants from the previous recruitment to ascertain their interest in being considered for appointment to vacancies, but advertisements have been done announcing the vacancies and current applications have been required. Eric Greening, 7365 Valle, expressed the opinion that there is no need to make a change in the current procedures. Joan O'Keefe, 9985 Old Morro Rd., supported the comments of the previous speaker. Ray Jansen, 6655 Country Club Dr., expressed opposition to a change in the procedure. Dorothy McNeil, 8765 Sierra Vista, read a prepared statement (Exhibit B attached) summarizing her investigation of how past recruitments for various City positions have en handled and reflecting support for a democratic selection process. Leon Korba, Santa Ana Rd., asked if the Council could nominate individuals for appointed positions if they are not able to make a selection through the voting process. Roy Hanley responded that nominations could be made concurrent with submitted applications—they. would not have to come after review of applicants. Geri Brasher, 3202 Monterey Rd., spoke in support of maintaining the current process of appointment, in the interest of democracy. Barbie Butz, 3370 San Fernando Rd., a Parks & Recreation Commissioner, expressed the opinion that the interview process is good for everyone, whether applicants are considered by application or nomination Additional Council discussion followed. Motion: By Councilman Carden, seconded by Councilman Lerno to introduce Ord. No. 327 on first reading, by title only, with the following amendment to Section 3 [added language in italics]: "...and may continue to serve by resolution of the City Council after the expiration of the stated term until such time as the City Council selects a successor." Motion passed by 4:1 roll-call, with Councilman Luna opposed. It was noted that the Council's intent in the stated language of Section 3 is that, on the expiration of a term an individual would be considered, if they so chose, to remain after the expiration of their term until the reappointment process is complete. CC 4/8/97 Page 7 Motion: By Councilman Lerno, seconded by Councilman Carden, to adopt Res. No. 23-97. Motion passed by 4:1 roll-call vote, with Councilman Luna opposed. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Meets tomorrow. Mayor Johnson will sit in for Hal Carden. There was discussion on SLOCOG's discussing a possible change in meeting days. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group - Councilman Clay reported that the paper has been reporting the topics under discussion by the board. The issue of body contact at Lake Nacimiento will hopefully be resolved. Economic Round Table - Ken Lerno indicated that Chris Bonnema has accepted his nomination to the ERT. Air Pollution Control District - Councilman Clay reported that the main issue under discussion is the APCD's attempt to separate itself from the County Health Dept. Further recommendations are pending. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council - Councilman Luna requested that the Council write a letter over the Mayor's signature to the Board of Supervisors requesting a restoration of the 18% in library funds (mentioned by Eric Greening under Community Forum). The Mayor directed the City Manager to draft such a letter. Councilman Carden announced he will be unable to attend the Council's April 16th and April 22nd meetings. Councilman Luna indicated he would be interested in hearing Councilman Carden's opinions on the Pavilion funding issues. Roy Hanley suggested Councilman Carden could write a statement to be shared at the April 16th workshop. Councilman Carden indicated that he would prefer to read the information which may come from the workshop, which might modify any recommendations he may have prior to the workshop. Mayor Johnson conveyed that he and Councilman Clay attended the League of CA Cities Channel Counties meeting last Friday, where there was suggestion that the cities pass a resolution relating to solid waste adjustment methodology. Councilman Luna noted that the IWMA passed a resolution requesting the state to change the methodology. The Mayor recommended that the City place a similar resolution on the Council's agenda for considera- tion. Mayor Johnson asked that the City's computer system be checked to assure that there will be no problems at the year 2000, as will be an apparent problem with some computer systems. Mayor Johnson noted a problem of waste bin theft is being experienced in the City. Chief Watton said this is a recent problem. Staff was asked to check with Waste Alternatives concerning the availability of replacement bins. CC 4/8/97 Page 8 City Clerk - Marcia Torgerson noted the meeting schedule she prepared, which is available to all who are interested. Staff has a goal of producing the Council agenda one week in advance of the meeting. She also has prepared a follow-up chart, per Council direction, for agenda items or Council direction at meetings and asked for the Council's input in order to keep the list up to date. City Manager - Bob Grogan reported that the Assembly Local Government Committee approved returning the 1992-93 property taxes, which were lost, back to cities. It goes next before the Senate Appropriations Committee. He asked for Councilsupport of that legislation, and the Mayor directed that he prepare a letter over his signature. Mr. Grogan indicated he will find out what the legislation might mean in terms of annual revenue to the City. F. STATUS OF CITY COUNCIL REFERRALS: 1. General Plan Economic Development Element - "Development Incentives" (Hal Carden) Handout. Bob Grogan reported that information on this file will be distributed to the Council and will be put on an agenda when Councilman Carden returns from his vacation. 2. Zoo/Pavilion workshop scheduled for Wednesday, April 16, 1997';at 6:00 p.m (Brady Cherry) (Staff recommendation: to continue Pavilion review to another date) Brady Cherry commented that it had been previously suggested at a Council meeting that the Zoo and Pavilion workshops be combined. Staff questions whether this would be wise, due to the complex issues and anticipated public input on both subjects.' Council consen- sus was to conduct separate workshops, with the Pavilion subject as scheduled on the 16th G. ADJOURNMENT: The City Council adjourned at 10:50 p.m. to a workshop at 6:00 p.m. on Wednesday, April 16, 1997, for purposes of(1) review of the Pavilion, (2) to award a public works contract for the Traffic Way and El Camino Real Bikeway Projects and (3) to approve two tree removals in connection with the El Camino Real Bikeway Project. Said meeting shall be held in the Rotunda Room (4th Floor) of the City Administration Building, 6500 Palma Avenue, and is open to the public. MINUTES RECORDED BY: MARCIA M. TORGERSON, City Clerk PREPARED BY: e - X 4 CINDY L. HOLTON, Deputy City Clerk CC 4/8/97 Page 9 ATASCADERO CITY COUNCIL MINUTES, 4/8/97, EXHIBIT "A" (PAGE 1 OF 3) Mayor Johnson, Councilmen 4-8-97 At the last CC meeting in March an oral presentation was made by Roy Hanley, city attorney regarding enforcement of the tree ordinance. Based on the presentation the editor of the Atas News wrote an article which appeared on the front page. No doubt most people who read the article assumed the information was The Truth. I have listened twice to the tape of that presentation. Some of what Mr. Hanley said was just plain incorrect, other comments were what I would call distortions - not quite wrong but taking advantage of the public, including the Council ' s , lack of information. At the end of the presentation Councilman Clay said "wasn' t the complaint he, meaning Mr. Gearhart, removed 100 trees, he could have removed 200 . He was fined $1080 for starting too soon. So basically everything is okay. " I can understand how Councilman Clay drew that conclusion, that' s what he heard. Quoting portions of Mr. Hanley' s presentation: A certain individual took over a portion of an approved project. The project already had a mitigated neg dec . . . . I am not sure of the motivation but the developer started early. . . . the property was red tagged . . . . .they all met in the field . . .the developer has his permit in place. (quoting) Steve, please interrupt me if my numbers are incorrect. As permitted the Ardilla Rd. extension would have allowed him to destroy approximately 200 trees . Is that correct? (no audible comment) The developer felt if he realigned the road within the easement already existing he could save approximately 100 of those trees and he requested of staff they cut him a little leeway in terms of for instance , say there was a tree he could tear down . .that he might be able to save if they would cut him a little leeway as to when he ATASCADERO CITY COUNCIL MINUTES, 4/8/97, EXHIBIT "A" (PAGE 2 OF 3) Put up his orange barriers . . .or how long they were exposed he thought he could save a significant number of trees . The facts are, and I've written letters to the editor regarding this, I ' ve spoke to staff and to the council, are that for this portion of the Project, 960 feet of The Project, 80 trees were to be destroyed. Mr. Gearhart did not save 100 trees but he probably did not remove all of the 80 trees identified because he found that sometimes it costs less to keep a tree in place. Its called a saved tree although it has been impacted by the construction. Mr. Hanley said the developer requested staff cut him a little leeway as to when he put up the orange barrier or how long the tree was exposed. Well this deal was cut after the trees were cut down. A city employee, who has no arborist training viewed the area from the rough cut road on a ThursdayFriday.or ay. This was a very cursory; view, the area was not walked. On Saturday with no one from the city on site the trees came down . Later it was noted by some individuals, one ' a certified arborist . that the orange fencing had been put in place after the grading. The tread marks were a dead giveaway. So staff did not begin any real monitoring until I and some other people raised a fuss . As for the large penalty. Mr Hanley sortof ''' distinguished between his role as city prosecutor and investigative fees which are administered by staff . Mr. Gearhart paid what is called an investigative fee for starting work without the appropriate permit in place. The Uniform Administrative Code states the investigation fee shall be equal to the amount of the permit fee. A grading permit is apparently $540. ATASCADERO CITY COUNCIL MINUTES, 4/8/97, EXHIBIT "A" (PAGE 3 OF 3) 0 Separate and a part from that fee was a decision to prosecute. This plan was going to be pursued because Mr. Gearhart has a history of ignoring city building laws . Additional fees hadn' t been a deterrent. Mr. Gearhart paid his dole September 1996 . As for $1080 being 4 x' s as large as any penalty, I have copy of letter addressed to Ken Lerno, Jay Miller and Kelly Gearhart, "We are in receipt of your under protest letter of April 20 1995 contesting the extra payment of $3, 564 . 16 for grading without permits at these locations . I also understand that Mr. Gearhart paid considerably more than $3500 for work done with out permits on his Paloma Creek project. Business must be great if he can make a profit and still pay these double fees . If staff and the C.C. are to have credibility its important that the public is not deceived. We have a right to know what is going on. It is especially important that the information be correct when these presentations are not open to the public . Joan O' Keefe ATASCADERO CITY COUNCIL MINUTES, 4/8/97, EXHIBIT B PAGE 1 OF 2 APRIL 8, 1997 To : ATASCADERO CITY COUNCIL From: DOROTHY F. MC NEIL Recently I called the city clerk's office. to request information about the process used in city appointments in the past . Were there public interviews ; could the public ask questions ; were all applicants interviewed or was a screening; to narrow the field used; if so, who screened? I received a call from the city clerk who said I could check the council minutes, and she would help direct me to the minutes I needed. It is now 1997. Reverse the last two numbers and it ' s 1979, the year of incorporation. The July 9 minutes said the new council discussed forming a planning commission and approved '17 rather than 5 members. The record says , "Council felt that commissioners should be selected from the community at large and every effor# should be made to provide a cross section of community interests ."(My italics. ) Council met July 17 to interview 25 of 28 applicants.!: Three did not show. We have always had plenty of applicants for planning positions. If there is a scarcity now, the actions of this council may well be the cause . For example : Early this year council directed staff to bring back,-a proposal to change the appointment method of all commissions and boards. There would be one appointment by each council member, no appli- cations or interviews. BUT the proposal brought back by staff was entirely different . It provides for a new ordinance which makes future changes done by resolution only, not by ordinance which requires hearings. Two : Council may conduct interviews, and if held they will be in public. Three :_ Council may add additional criteria at, any meeting for applicants to meet. Four--Council may nominate at any regular meeting and, with a majority vote, appoint . No application or interview needed. Now council may appear to be democratic, but it has retained the right to act autocratically. Who authorized these changes? It was not done in public . Certainly staff would not initiate them. ATASCADERO CITY COUNCIL �Uff 'E§, 4/8/97, EXHIBIT B To COUNCIL from MCNEIL I recently received a letter from City Attorney Roy Hanley about city appointment methods. He stated that the last three city attorneys were appointed in three different ways. Jeff Jorgeson was interviewed in public and the public could also ask questions. Art Montandon was interviewed in public but no public questions H hired, this Council decided no were allowed. . When Mr. Hanley was ire , interviews would be necessary. The city has gone from public participation, to public observation, th to public shut-out ... In addition the Goal Setting meeting of e P g Council had no public notice or agenda--a clear violation of the Brown Act , intentional or unintentional . And we now have a majority on the council who are afraid to get a politically incorrect planning commission. Bob Nimmo told this council that "having a commission out of sync (with council) is costly to developers who are waiting to get projects approved. " Every council majority since 1979 has been dominated by business and development interests, and those major- ities have appointed the planning commissions. Genetlemen, look at yourselves. A contractor, a realtor, a repre- sentative of big business, and a man who stands shoulder to shoulder with Nimmo on wanting a rubber-stamp planning commission. If this city is hanging by the ropes financially, it is not for want of a business/developer oriented council or commission. Perhaps it is because you and previous councils have ignored that healthy "cross section of community interests" and ideas. Maybe you have become so inbred that you have become near-sighted. Too much inbreeding in animals produces a weakened species, prone to disease and often highly irritable. This city needs to turn away from the inbreeding effects of secret government . It needs to let the fresh air and ideas of democracy blow through the planning commission and the council in order to revitalize the city. Gentlemen, it is dangerous to be afraid of democracy. ITEM A #2 Meeting,Date: 7/22/97 ATASCADERO CITY COUNCIL JUNE 24,_1997 MINUTES 5:30 P.M. BUDGET REVIEW SESSION Called to order at 5:30 p.m. ROLL CALL: Present: Councilmembers Luna, Carden, Clay, Lerno and M yor Johnson .Absent: None. Others Present: Marcia M. Torgerson, City Clerk Staff Present: Robert Grogan, Interim City Manager; Roy Hanley, ity Attorney; Lt. Bill Watton, Acting Police Chief; Brady Cherry, Con imunity Services Director; Rachelle Rickard, Accountant; John Neil, Ssistant City Engineer; Alicia Lara, Personnel Analyst; Brian Sword, Streets Supervisor; Claudia Collier, Zoo Manager; Bill White, Parks Supervisor Mayor Johnson expressed his appreciation that the budget is in front of the Council in June as requested. Bob Grogan started his report with a brief overview, a history of Atasca ero's budgets in the past, and a summary of the current proposed budget. He explained that the capital projects proposed are funded from impact fees, grants and improvemeni district revenues which have been accumulated over a period of years. He stated that he felt it was time to make the improvements and that the accumulated funds<will allow forsubstantial improvements. Mr. Grogan went on to say that they include road, drainage, bridge and other public improvement projects. Mr. Grogan then stated that another very important program is the upda ing of the City's financial management system which is 7 years old and has never been updated. He also explained that the proposed police budget includes 3 additional police of icers and funding for the police chief; the proposed Community and Economic Developmer t Department budget includes funding for the director; the proposed Community Servi es budget includes 4 full-time maintenance workers. He stated that the proposed budget projects a $200,000 general fund reserve. He recommended re-paying an additional $100,000 to wastewater this year: Bob Hossli, Financial Consultant, reviewed the City's revenues. He stat d that his main message to the Council was that the revenue estimates are conservative. Revenue estimates were achieved with the individual departments involved in the process. CG 6/24/97 Rachelle Rickard, Accountant, reviewed some accounting changes. She explained that some funds have been included in with the general fund, i.e. recreation.fund, weed abatement fund, COPS fast grant fund, Lake Pavilion fund, Zoo fund, etc. She reassured the Council that this will not affect her ability to track revenues and expenditures, however, it will greatly simplify accounting procedures. Mayor Johnson asked the Councilmembers who are part of the Finance Committeefor comments. Councilman Luna expressed his thanks to staff and his pleasure with this proposed budget. Councilman Lerno agreed that this proposed budget is much easier to read than last year's budget and thanked the Finance Committee and the staff. Councilman Carden asked Rachelle to go over the increase in equity the City has achieved and what that means.` Rachelle explained that in June 1995 the City had a negative $790,000 unreserved fund balance. She went on to explain that the City is now projecting at the end of June 1997 a $200,000 positive unreserved fund balance, which is a,$900,000 turn-around in 2 years. Councilman Carden also asked Rachelle about future audits as compared to past audits concerning`the City being an ongoing concern. Rachelle responded by stating that the 1996 audit might list Atascadero as a going concern because one year of positive history does not make a"trend. She concluded by saying that, in her opinion, the 1997 audit will not list Atascadero as,a going concern. Mayor Johnson asked some questions of staff. He asked that the items recommended to be reviewed at mid-year budget not be lost. Councilman Luna asked for an explanation of the Stadium Park issue. Rachelle stated that the general fund never borrowed from the Wastewater fund as originally thought. Councilman' Luna also asked if services will be affected by this budgets Bob Grogan answered that if anything, some departments will be enhanced with equipment, etc. Councilman Clay asked for clarification of how much tax revenues Atascadero receives and where it goes. He explained that he understands that for every dollar of property taxes`paid'by the public, Atascadero gets $.18 which goes towards our police protection. He also stated that he understands that Atascadero get $.01 of the $.0725 per dollar of State sales tax which goes towards our fire department. And lastly, he stated that he understands that the $500,000 of gas tax received by Atascadero annually goes towards road maintenance. Bob Grogan and Rachelle Rickard responded that, yes, you could look at it that way. PUBLIC COMMENT Rush Kolemaine, P.O. Box 1990, expressed his pleasure with this proposed budget. He also questioned the labeling of grant funds as "other" funds. Sarah Gronstrand, 7620 Del Rio Road, spoke on behalf of Friends of the Library (see Exhibit A). She asked the Council to pledge money for the library even though the City Manager is not recommending doing so, She explained that when the first pledge was made for $35,000, the City manager at the time was directed by Council to contact the County and make arrangements for continuous additions, but that hasn't been done: CC 6124197 Page 2 Eric Greening, 7365 Valle, stated he agreed with Ms. Gronstrand that Atascadero should support the library. He also shared his concern that the Cuesta Grade construction will affect building revenues in Atascadero. Mayor Johnson asked for an explanation of the difference between contingencies and reserves. Rachelle explained that contingencies are set aside for unforeseen purposes. Reserves are an ongoing equity reserve of the general fund. Bob Grogan explained that the contingency fund cannot be touched without prior approval from the Council. Leo Korba, 10905 Santa Ana Road, expressed his pleasure with the proposed budget; well done and on time. Ellen Baer, Friends of the Library, expressed her support of Sarah Granstrand's comments. Grenda Ernst, Carmelita Ave, stated she feels the City should supportthe library and pledge to their fund drive. Gail Pierce, 4635 Viscano, Friends of the Library, stated that she agreed with the previous speakers that the library is important to the community. Bonita Borgeson, 4780 Del Rio Road, Friends of the Library, told the Council that fundraising is draining and asked that the Council renew their inspiration by pledging for the expansion of the library. Andrea Ritter, 10900 Portola Road, Friends of the Library, expressed his agreement with the previous speakers. He asked that the Council support the library. Jonnie Biaggini, SLO County Visitors and Conference Bureau, stated she wanted to thank the staff for this budget. She feels that tourism helped Atascadero improve its finances. She went on to state that she feels that the TOT will go up next year and help even more. --end of public testimony-- Mayor Johnson expressed that the Council as a whole is very supportive of the library and asked that staff make sure the Council addresses this issue at mid-year. Councilman Luna asked what the ERAF funds for Atascadero would be. Bob Grogan explained that there is a possibility that it will be based on a per capita basis; but it's more likely that it will be on the basis of what individual cities lost at a 10-year pay-off. He stated that Atascadero lost an estimated $480,000. Councilman Carden proposed pledging to the library based on financial criteria, i.e. an $800,00 reserve balance, etc. Mayor Johnson agreed with Councilman'.;Carden but suggested that the issue be brought back at mid-year review. There was consensus of the Council for staff to build a program as suggested by Councilman Carden to bring back at mid-year budget review concerning pledging to the library expansion. CC 6/24/97 Page 3 i Mayor Johnson stated that he appreciated all the hard work that went into this budget and that he is extremely pleased that this proposed budget will be approved before July 1, 1997. Mayor Johnson called for a recess at 6:36 p.m. 7:00 P.M. - REGULAR SESSION: CALL TO ORDER - 7:02 p.m. PLEDGE OF ALLEGIANCE - Councilman Luna COUNCIL COMMENTS Councilman Luna asked that the City send a letter to the County Board of Supervisors thanking them for their donation to the Zoo. Mayor Johnson said it has already been done; a letter was sent to each Supervisor. Councilman Clay announced that the Mormon Church would like to do a community service project, 7/19/97 (100-200 hours). Brady Cherry stated if Councilman Clay would give him a name and number, he would be glad to contact them and advise them on the needs of the community. Councilman Clay said the person to contact was Mr. Tony Thompson. SPECIAL PRESENTATIONS: • Presentation of service recognition plaques to outgoing Planning Commissioners Jim Edwards, Sid Bowen and outgoing Parks & Recreation Commissioner Vic Smart Jim Edwards and Vic Smart received their plaques. Sid Bowen was unable to attend this meeting. COMMUNITY FORUM Eric Greening, 7365 Valle, stated that concerning the Salinas River Dam expansion, the City Council needs to put this item on next agenda, 7/8/97 if they want to respond. The public review period will be closing on 7/25/97. He urged the Council to set this item on their next agenda so that their desires could be forwarded in a timely manner.. Also, he told the Council that the public hearing on this issue in Atascadero will be Wednesday, July 9th. at 7:00 p.m. at the Lake Pavilion. Roy Hanley asked that it be on 7/22/97 meeting to give him time to prepare a Report for Council. Council would not have to take action; Council could give direction to staff to take a position and have that position delivered to the appropriate agencies. Mayor Johnson asked that the Salinas River Dam Expansion be placed on the 7/22/97 Council agenda. CC 6/24/97 Page 4 A: CONSENT CALENDAR: 1. REJECTION OF BIDS FOR THE STATE ROUTE 41/ATASCADERO AVE. STORM DRAIN PROJECT (Bid No. 97-02) [John Neill (Staff recommendation: Reject all bids/Re-advertise project w/revised scope of work) 2. RESOLUTION NO. 62-97 - Adopting a budget for the 1997-98 Fiscal Year and delegating to the City Manager authority to implement same [Rochelle Rickard/Robert Grogan] (Staff recommendation: Adopt) 3. RESOLUTION NO. 63-97 - Conveying the City's support of an "east-west" division of the 805 area code, with the west retaining the existing 805 area code [Robert Grogan] (Staff recommendation: Adopt) Motion: By Councilman Luna, seconded by Councilman Carden to approve items Al, A2, and A3. (Motion passed by a 5:0 vote.) B. PUBLIC HEARINGS: [None scheduled] C. REGULAR BUSINESS: 1. PG&E ACCELERATED DEPRECIATION OF DIABLO CANYON - Referred at the 6/5/97 Special Joint Meeting of the City Councils of San Luis Obispo County for action by individual cities [Presentation by PG&E representatives] (Staff recommendation: Provide direction) Councilman Carden stepped down due to a potential conflict of interest as he works for PG&E. Bob Grogan explained that the purpose of having this on the agenda was for PG&E to give a presentation to Council as they were unable to do so at the Joint City,'Councils' meeting. Mr. Pat Mullin, PG&E, submitted a letter from Dennis Hennessy, PG&E, which suggested some amended language to the resolution that was presented at the Joint City Councils' meeting (see Exhibit B). He explained that PG&E did not have a chance prior to that meeting to review the resolution and, therefore, were unable to comment on the document at that time. CC 6/24/97 Page 5 Councilman Luna mentioned that Mayor Novak of Morro Bay asked that the Mayors meet before making any changes. Mr. Mullin agreed with that request and then answered additional questions from the Council. PUBLIC COMMENT Leo Korba, 10905 Santa Ana Road, stated the taxes that are paid by PG&E for the Diablo Canyon Plant represents about 16% of SLO County's revenue which is very significant. --end of public testimony-- There was consensus of the Council that this item be returned to the Council's agenda after the Mayor's meeting in August, 1997. 2. SENATOR O'CONNELL REQUEST FOR SUPPORT OF $500,000 AUGMENTATION IN THE STATE BUDGET FOR THE CALL BOX PROGRAM IN S.L.O. COUNTY [Robert Grogan] (Staff recommendation: Review & provide direction) Bob Grogan explained that SLOCOG has approved this item and Mr. Peter Rodgers of SLOCOG is here to answer questions and/or make a presentation. Since Mr. Rodgers was not present at this time, Councilman Carden, who is also the chairman of SLOCOG, explained that Senator O'Connell is attempting to raise funds to help kick-start this program. Even though our previous council voted against this in the past, there were enough City Council's in the County who voted in favor of this program and therefore, it's in effect. Councilman Carden answered questions of the Council PUBLIC COMMENT Peter Rodgers, SLOCOG, arrived and gave a brief report. Councilman Luna asked how many people have cellular phones and therefore won't use these call boxes. Mr. Rodgers stated that as of now, 15% of the public have cellular phones and that figure will probably go up to 20-23% in the future. Eric Greening, 7365 Valle, stated his support for the call box program but expressed concerns about the funding process involved. --end public testimony— Councilman Carden stated that he hates to see the taxpayer dollar wasted. He explained that he fought this item before the program was implemented and feels that delaying these things only costs more. Motion: By Councilman Carden, seconded by Councilman Luna to have the Mayor sign the letter submitted by Senator O'Connell. (Motion passed by a 5:0 vote.) CC 6/24/97 Page 6 D. COMMITTEE REPORTS 1. Economic Round Table - Bob Grogan explained that Bob Lilley, Assistant SLO County Agriculture Commissioner gave a presentation concerning the wine and grape industry and the impact it will have on the local economy. E. INDIVIDUAL DETERMINATION AND/OR ACTION: None. Mayor Johnson adjourned the meeting to Closed Session at 7,•50 p.m. CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATOR (G.C. Sec. 54957.6) Agency negotiator: Roy Hanley Employee organizations: Mid-Management/Professional, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620 SPECIAL CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - CITY MANAGER RECRUITMENT (G.C. Sec. 54957) Roy Hanley, City Attorney, announced that there was no action taken on the items in closed session and Mayor Johnson adjourned at 9:15 p.m. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerson City Clerk Attachments: Exhibit A - Prepared statement - Sarah Gronstrand Exhibit B - Letter from Dennis Hennessy, PG&E CC 6/24/97 Page 7 In April,Marjorie Conner, a board member of Friends of the Library,and I, met with Mr. Groggan to talk about the library. At Mr. Groggan's suggestion we wrote him a letter outlining our needs. Our letter contained our request for the same amount of funding from the City which we received in 1990. Last week I received a letter from Mr. Groggan in which he stated that he was very supportive of the library but, and I quote, "We were not able to recommend funding this year because of severe budget constraints and continuing uncertainties of state funding." I am asking you to reconsider the decision`not recommend funding°for the library. We are not asking for money now. We are asking for a pledge. You know that we are a City/County library. The County specifications are that the City pay half of any capitol improvements. In this case, the total improvement will cost 2 million dollars, making the City's share 1 million. We,Friends of the Library,pledged to help raise the City's half of the needed funds. We have raised about$500,000 and we need to raise $500,000 more. And we need your help and your support. As you know, our City has grown considerably in the last few years. The library's capacity, however, has not kept pace with the City's growth nor with library usage. When our library was dedicated in 1988 we had 5244 patrons. As of January 1, 1997,we had almost 16,000 active patrons. These 16,000 patrons do not all live in Atascadero. Our library is one of the three regional libraries in the San Luis Obispo library system, and is, therefore, a magnet for the surrounding areas. The current library structure simply does not have space to accommodate the demands made on it. W, jTbc Friends of the Library take our commitment to the library expansion very seriously, and our efforts have been successful and impressive. And it is reasonable to expect that the City will participate with us in this endeavor. We invite you to participate now by pledging funding for the library expansion. Pacific Gas and Electric Company Los Padres Division Dennis Hennessy 4325 S.Higuera Street Manager June 18, 1997 P.O.sox 8592 San Luis Obispo,CA 93406-8592 805/546-3864 Mayor Ray Johnson FellCity of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mayor Johnson and Council Members: Thank you for the opportunity to submit this letter regarding the Council's consideration of a resolution supporting the County and Coastal Schools efforts to obtain relief from damaging loss of property tax revenue as an unintended consequence of electric industry restructuring. I understand this item originated at the request of the county administrator at the Joint Cities meeting. Following a number of questions and discussion,the June 5, Joi � g item failed to pass at that meeting. If the City is interested in adopting a resolution on this issue, I would like to submit the following information and recommendations for the council's consideration. First, it is important to look at the larger and more critical issue of making Diablo Canyon Power Plant cost competitive so that it has the best chance to continue to operate in a fully competitive environment. Last summer,the California legislature passed and the Governor signed into law legislation(AB 1890)which requires that the California electric utility industry become fully competitive, and mandated an electric rate decrease for all residential and small commercial customers starting January 1998. PG&E's recently adopted rate structure for Diablo Canyon is designed to comply with AB 1890. A component of this includes the accelerated depreciation of the plant,which allows the outstanding capital costs to be recovered by 2002. Although this will impact property tax payments, after the year 2000, no one can project what the total amount of these impacts will be since the State Board of Equalization's formula for property tax valuation is scheduled to be renewed or revised at that time. On the other hand, only if the plant is competitive and able to operate will it be able to continue to provide the local benefits of being the largest single property tax provider,with an annual payroll in excess of$100 million and employment for over 1600 residents. Mayor Ray Johnson June 18, 1997, Page 2 During the past year and a half, PG&E, the County, Senator O'Connell and Assemblyman Bordonaro have been meeting to address the impacts associated with accelerated depreciation of Diablo Canyon. Since PG&E and the County have enjoyed a beneficial relationship, it is in our collective best interest to find a mutually agreeable legislative solution which helps Diablo Canyon continue to provide economic benefits to the County while at the same time mitigating the impacts of electric industry restructuring on County property tax revenues. In light of this information, I would appreciate that the council consider including the following amendments to the resolution: Add the following to the "whereas"clauses: "WHEREAS, electric industry restructuring will provide County citizens, businesses, schools, hospitals and agriculture with the ability to choose their energy suppliers and to obtain competitively priced electricity; and" "WHEREAS, AB 1890 will provide County residential and small commercial customers a reduction in their electric rates beginning January 1, 1998, and" Revise the Resolution to read as follows: "...that these cities do support the significant competitive benefits of customer choice and lower electricity prices resulting from electric industry restructuring, including the efforts to make Diablo Canyon Power Plant competitive so that it can continue to operate and provide jobs and economic benefits to the County; and that these cities also support the effort of San Luis Coastal Schools and San Luis Obispo County to protect the community from a serious and damaging loss of tax revenue as a result of electric industry restructuring." PG&E is committed to continuing to enhance the social and economic viability of the communities we serve. I appreciate the council's consideration of this matter. S' erely, Dennis Hennessy REPORT TO CITY COUNCIL AGENDA ITEM: A-3 CITY OF ATASCADERO MEETING DTE: 7-22-97 Through: Robert Grogan, Interim City Manager vias Brady Cherry, Community Services Director From: Valerie Humphrey, Staff Assistant SUBJECT. Addition of annual assessment charges to the 15 97-98 property taxes) RECOMMENDATION: It is recommended that Council adopt attached resolution No. 49-97 providingfor placement of these -charges on the property taxes BACKGROUND: On July 11 1997 a; Public Hearing was held ' oncerning the formation of a sewer assessment district for West Santa Rosa Road. At that Hearing residents were allowed to protest the terms of this` District. At the conclusion of the Public Hearing, Council adopted Resolution No. 12-96 approving formation of this assessment district. DISCUSSION: This charge represents the second installment of a 15 year assessment. FISCAL IMPACT: The City will bill $3,632.10 which will be ' applied to the total" due the :Wastewater Fund for this district. Attachments Resolution No. 49-97 000001 RESOLUTION NO. 49-97 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT NO. 10 (SANTA ROSA - AREA F) ON THE PROPERTY TAXES FOR ,FISCAL YEAR 1996-97 WHEREAS, the Regional Water Quality Control Board issued Cease and Desist Order 81-60 which included a portion o the area specified as Assessment District No. 10;" and WHEREAS, on June 8, '1992' the Regional Water Quality Control Board issued Cease and Desist Order No. 92-68 reconfirming their requirements that the remaining areas be provided with sewer service, by ,specific deadlines; and WHEREAS, those properties included in this Assessment District which are not in a designated Cease and Desist Area are included in this district due tothe fact that sewer service has been provided to these properties through sewer main extension; and WHEREAS', Resolution No. 12-96 allows for;the repayment of funds expended for the construction of these improvements at 5% interest over a period of 15 years. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero as follows: Section 1. The above recitals are true and correct Section 2 The adoption of this resolution authorizes the collection of the assessments for the fiscal year commencing on the 1st day of July 1997 and ending on the 30th day of June, 1998, said assessments as listed on attached Exhibit K. Section 3 The City Clerk is hereby ordered an directed to file a certified copy of the assessment roll with the County Tax Collector, together with a certified copy of this Resolution upon its adoption. On,motion by Councilmember and seconded by Councilmember , the foregoing resolution is adopted; in its entirety, on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: 000002 Resolution No. - 49-97 page two ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor APPROVED AS TO FORM: ROY A. HANLEY, City Attorney 000003 Resolution No. 49-97 EXHIBIT A EXHIBIT A ANNUAL ASSESSMENT - DISTRICT NO. 10 054-151-043 $726.42 054-151-041 $726.42 054-151-049 $726.42 054-151-047 $726.42 054-151-048 $726.42 TOTAL $3,632. 10 000004 REPORT'TO CITY COUNCIL: ITEM:` A- 40 DATE: 7j(22/97 FROM: BRADY CHERRY, DIRECTOR OF COMMUNr1Y SERVICES THROUGH: ROBERT GROGAN, INTERIM CrIY MANAGE SUBJECT: ASBESTOS ABATEMENT AT THE ATASCADERO YOUTH RECF EALTION CENTER RECOMMENDATION: Adopt Resolution #;66-97, authorizing the Mayor to execute an agreement between the City of Atascadero and Professional Asbestos Rem val Corporation, for the abatement of asbestos at the Atascadero Youth Recreation Center . DISCUSSION: On June 26, 1997, 'bids for the abatement and removal of asbe tos at the Atascadero Youth Recreation Center were opened and shown oi i the attached Bid Summary. The work to be completed primarily includes the removal of asbestos from the basement area, however, some asbestos removal or abatement will also include the Dining Room floors, Karate Studio walls, second floor walls and the,Gym roof: The removal of the asbestos from the Atascadero Youth Recrealion Center is the first physical project to be completed as part of the building renovation. Previously, the City Council authorized the use of Community Development Block Grant funds for both the Asbestos Removal and the first phase of the Electrical - Improvements. Prior to the approval of these projects, the City Council authorized the use of Architectural Plans for the Americans with Disabiliti s Act improvements and the Seismic Reinforcement requirements. Tliese plans, which also included the Asbestos Removal'and Mechanical Systems drawings, have been completed and were used as the basis for the bids received on e attached summary. Two bids were received for the Atascadero Youth Recreation Center Asbestos Removal Project. The "Lowest Responsible Bidder" for this prof ct is PARC, Contractors Inc. of Fresno: The company has eleven years eiq,erience in the asbestos removal business and has considerable experience with public facilities and governmental agencies. Local'references have been provided. FINANCIAI,IMPACTS: The City Council authorized $13,000.00 of Community Block C rant (C.D.B.G.) Funds for the Atascadero Youth Recreation Center Asbestos Re moval Project. The low bid of$19,350.00 is significantly above the amount of C.D. 3.G. funds approved. The Atascadera Recreation Center Committee (A.R. .C.) has voted to fund the remaining balance of$6,350.00. 0►00005 RESOLUTION NUMBER 66-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PARC, CONTRACTORS INC. (PROFESSIONAL ASBESTOS REMOVAL CORPORATION) FOR ASBESTOSABATEMENT AT THE ATASCADERO YOUTH RECREATION CENTER The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an/ agreement with Professional Asbestos Removal Corporation ,for the removal and abatement of Asbestos at the Atascadero Youth Recreation Center. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The City Accountant is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of; the City of Atascadero, held on the 22nd of July, 1997. ATTEST CITY OF ATASCADERO MARCIA M. TORGERSON City Clerk RAY JOHNSON, Mayor APPROVED AS TO FORM:` ROY A. HANLEY, City Attorney C:\WP51lcITYCOUN\RESOL66.97 000006 BID SUMMARY TO: Brady Cherry, Community Services Director FROM: Marcia M. Torgerson City Clerk BID NO.: 97-06 OPENED : 06/27/97 3:00 p.m. PROJECT: Asbestos Abatement - Atascadero Youth Center (2) bids were received and opened today, as follows: Bidder Base Bid APC Contractors, Inc. 4606 N. Bendel Ave. $27,870.00 Fresno, CA 93722 PARC 2706 S. Railroad Ave. $19,350.00 Fresno, CA 93725 Attachments: 2 bids 00000l REPORT TO CITY COUNCIL: ITEM: A-5 DATE: 7/22/97 FROM: BRADY CHERRY, DIRECTOR OF COMMUNnysERvicEs THROUGH: ROBERT GROGAN, INTERIM CITY MANAGE SUBJECT: PHASE ONE OF THE ATASCADERO YOUTH RECREATION CE R ELECTRICAL IMPROVEMENTS RECOMMENDATION: Adopt Resolution # 67-97, authorizing the Mayor to execute an agreement between the City of Atascadero and,Electricraft, Inc., for the first phase of Electrical Improvements at the Atascadero Youth Recreation C ' ter . DISCUSSION: On June 6, 1997, bids for the;first phase of the electrical improvements at the Atascadero Youth Recreation Center were opened and shown on the attached Bid Summary. The work to be completed primarilyincludes the replacement o un-safe and outdated electrical panels in the Atascadero Youth Recreation Center. The City Council has authorized the use of Community Development.Blc ck Grant funds for this project. Previously, the City Council authorized the use of Architectural Plans for the Americans with Disabilities Act improvements and the eismic Reinforcement requirements. These plans, which also included the Asbestos Removal and Mechanical Systems drawings, have been completed and were used as the basis for the bids received on the attached summary. Two bids were received for the first phase of the Atascadero Yo th Recreation Center Electrical Improvement Project. The "Lowest Responsible Bidder for this project is Electrieraft, Inc. of San Luis Obispo. Local references have been provided. FINANCIAL IMPACTS: The City Council authorized $20,160.00 of Community Block Grant (C.D.B.G.) Funds for the Atascadero Youth Recreation Center Asbestos Re oval Project. The low bid of$21,822.00 is slightly above the amount of C.D.B.G. Funds approved. The Atascadero Recreation Center Committee (A.R.C.C,) has vo ed to fund the remaining balance of$1,662.00. 000008 RESOLUTION NUMBER 67-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ELECTRICRAFT, INC. FOR ELECTRICAL I14PROVEWNTS AT THE ATASCADERO YOUTH RECREATION CENTER . The City Council of the City of Atascadero, California,: hereby resolves as .follows 1 The Mayor is hereby authorized to execute an agreement withProfessionalAsbestosRemoval Corporation for the removal and abatement of Asbestos at the`Atascadero Youth Recreation Center. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The City Accountant is hereby authori.zed to- appropriate - funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of: Atascadero, held on the 22nd of July, 1997. ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON City Clerk RAY JOHNSON, Mayor APPROVED AS TO FORM: ROY A. HANLEY, City Attorney C:\WP51\CITYCOUN\RESOL67.97 000009 . BID SUMMARY TO: Brady Cherry, Community Services Director FROM: Marcia M. Torgerson City Clerk BID NO.: 97-05 OPENED : 06/06/97 3:00 p.m. PROJECT: Electrical Improvements - Atascadero Recreation Center (2) bids were received and opened today, as follows: Bidder Base Bid Alternate Number Electricraft Inc. $21,822.00 $2,111 .00 (Jon Treder) P.O. Box 4258 SLO 93403 544-8224 FAX-544-0208 Southwest Electric $28,500.00 $8,500.00 (Steve McManus) 7925 Marchant Ave.a t A Atascadero 93422 466-9696 FAX-466-3288 Attachments: 2 bids • 000010 REPORT TO CITY COUNCIL AGENDA IT : A-6 CITY OF ATASCADERO -MEETING DTE: 7-22-97 Through: Robert Grogan,; interim City Manager Via: Brady Cherry,' Community Services Diracfor From: Valerie Humphrey, Staff Assistant SUBJECT: Modification of street closure times for North County Farmer's Market. R]jCOMMENDATION: Traffic Committee recommends that Council idopt attached Resolution No. 72-97 BACKGROUND Resolution No. 120"--92 sets the terms for operation of the North County Farmer's Market. Currently road closure is allowed from 2:30 until 6:00. DISCUSSION: The vendors are requesting an additional 15 minutes of road closure time to be used for set up. Thisrequestis only for those dates when school is not in. session. The Traffic Committee has reviewed this request and agrees that the additional time would not create a traffic problem. Attachments: Resolution No. 72-97 000011 RESOLUTION NO. 72-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING RESOLUTION NO. 120-92 WHICH AUTHORLZES ROAD CLOSURES_ RELATEDTO FARMER'S MARKET' WHEREAS, the North County Farmer's Market Association has, pursuant to Resolution No. 94-92, been operating a Farmer's Market in downtown Atascadero and WHEREAS, Resolution No. 120-92 allows for closure of East Mall between El Camino Real and Palma Avenue on Wednesdays between the hours of 2:30 P.M. and 7,.,'30 P.M. ; and WHEREAS, the North County Farmer's Market Association, is requesting an extension in hours to allow closure between the hours of 2:15 to 7:30, during periods when school is, not in session: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero that Resolution No. 120-92 is modified as stated - above. On motion by Councilman ,seconded by Councilman , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: - ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor APPROVED AS TO FORM: ' ROY A. HANLEY, City Attorney 000012 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda It A-7 Through: Robert Grogan,_ Meeting Date: July 22, 1997 Interim City Manager Via: 411 Steve, DeCamp, City, Planner Ga4� From: Gary Kaiser, Associate Planner File No: GPA #97003 SUBJECT: Status Report - Safety Element Update. RECOMMENDATION Receive and file. DISCUSSION: Resolution No. 32-96 was adopted by the City Council on May 14, 1996. The Resolution authorized the Mayor and City Clerk to execute a joint powers agreement with the county, and other cities in the county, for the cooperative preparation of Safety Element Updates. Pursuant to the agreement, a consultant has been r tained (Fugro- West, Inc.) to prepare a county-wide technical stu y and City= specific "issues and policies" reports, the latter of which will be considered by the cities as individual Safety Element Update documents In addition, the consultant is prepari g an Environmental Impact Report (EIR). for the project and the Landscape Architecture program at Cal Poly is preparing maps using their geographic information system (GIS) . Late last summer, an initial "kick-off" meeting waE held to begin work on the project. Staff from the, county and pa ticipating ' cities agreed -to assist the consultant by providinc information and identifying safety-related issues unique to th ir-respective jurisdictions. A database of existing safety conditions and initial GIS mapping should be complete later this month, and administrative drafts of the update documents are expected by the end of Au ust. It is anticipated that public review drafts of both the afety Element documents and the EIR will be available in October but it will probably be the first of the year before final documents are ready for adoption. 000013 CObMNTARY The Safety Element is the only General Plan Element that has not been updated since the General Plan was first adopted back' in- 1980. Hence, it is in dire need of an update ,and' the current information presented in state-of-the-art form will indeed be useful. The cooperative, inter-jurisdictional approach described above may not be the most expedient way to update the Safety Element but it is certainly cost effective. Considering the cost of the update is on the order of $110, 000, the City's contribution of $9,304 .88 (already paid) ,was indeed reasonable. 000014 REPORT TO COUNCIL Meefi ig Date: 7-23-97 CITY OF ATASCADERO Ag Item: A-8 THROUGH: Bob Grogan,City Manager VIA: Brady Cherry,Director of Community Services FROM: Mark Markwort, Chief of Wastewater Operations SUBJECT: Wastewater Treatment Facility upgrade, Stage 1 design fee negotiations RECO DATION: Staff recommends that Council direct the City Engineer to negotiate with Brow i and Cald to establish a reasonable fee for engineering design services for Stage 1 of the upgrade of the Wastewater Treatment Facility, as outlined in the May 1997 Preliminary Design Report: BACKGROUND: Having been selected by a Consultant Selection Committee appointed by City' until,awn and Caldwell completed a PEdhnLn=DesignReporL Wastewater Treatment Facilit LUD=&in May of; this year.With the Wastewater Treatment Facility presently operating at it's desgri,capacity of 1.4 million gallons per day,it is prudent to continue with the upgrade process. DISCUSSION: The Preliminary Design Report maps out an upgrade process that is divided in three stages. Stage 1 , calls for the installation of additional aerators,modification of the effluent disch,-rge system, construction of sludge drying bads,construction of an administration/laboratory building, construction of an additional reclaimed water extractionwell, and the purchase and installatic n of a sludge dredging system. Stage 1 of the treatment facility upgrade will increase the City's daily tn atment capacity by approximately 400,000 gallons. Stage 2 of the upgrade plan is anticipated to be riecessary by the year 2007. FISCAL IMPACT: This design project is part of the Wastewater Division's FY 1997-98 budget. Construction of Stage 1 ofthe upgrade plan is anticipated to cost$1,859,000 and design costs are anticipated at 10 to 15 percent of the construction cost. Account Number 790-84309-0900 000015 REPORT TO COUNCIL Meetir Meet' g Date: 7-22-97 CITY OF ATASCADERO Agen Item: A-9 THROUGH: Bob Grogan,City Manager VIA: Brady Cherry,Director of Community Services FROM: Mark Markwort, Chief of Wastewater Operations SUBJECT: Declaration of surplus equipment RECON04ENDATION: Staff recommends that Council declare the following equipment as being surplu 1) 1 110 HP Waukesha, 6 cyl.Natural Gas Engine. Model F8 7GU Sera No. 296113 2) 1 110 HP Waukesha, 6 cyl.Natural Gas Engine. Model F8 7GU Ser. No. 296114 3) 1 -Randolph Right-Angle Drive. Model F100,Ratio 2:3, Ser. No. 96,324 4) 1 Randolph Right-Angle Drive. Model F100,Ratio 2:3, Ser No. 96325 BACKGROUND: The equipment listed above was put into service in 1977 and was used to trans er wastewater effluent from a wastewater treatment facility located on Traffic Way to percolation poni Is located at the site of the present wastewater treatment facility. In 1983 the 'treatment facilities n Traffic Way were abandoned and this equipment has been unused since that time. DISCUSSION: To sell this equipment, Council must first declare it as being surplus. Once this ei juipment has been declared surplus,the Wastewater Division will advertise for offers. FISCAL IlVIPACT: It is estimated that this equipment can be auctioned for approximately$1200.00 which will be added to the wastewater facility improvement fund. 000016 • REPORT TO CITY COUNCIL Meeting Date: 07/22/97 CITY OF ATASCADERO Agenda Item: A-10 THROUGH: Robert F. Grogan, Interim City Manager FROM: John B. Neil, Assistant City Engineer VIA: �teven J. Sylvester, City Engineer Bid award of the Minor Road Repair Projects - FY 96/97 RECOMMEN A�TIO_N: 1. Adopt Resolution No. 70-97 awarding a contract to construct the Minor Road Repair Projects- FY 96/97 to Souza Construction, Inc. including dditive No. 1. DISCUSSION: Design of the minor road repair project has been completed and adverb ed forbid. Bids were received and publicly opened on July 10, 1997. A bid summary prepared by the City Clerk and the itemized bid summa are included in this report for reference. -The low base bid was submitted by Souza Co struction, Inc. in the amount of $106,053.00. The base bid is the basis of award for the contract. The bids have been checked for completeness and accuracy. Staff finds Souza Construction, Inc. to be the lowest responsible bidder. Additive No. 1 was for the replacement of the existing decomposed gra ite walkway along the frontage of the Atascadero State Hospital with concrete. The existing decomposed granite walkway is prone to erosion and is an ongoing maintenance pro lem. Staff is recommending the award of Additive No. 1 in the amount of $10,010.00. FISCAL IMPACT: PROJECT EXPENDITURES Construction (Base Bid + Additive No. 1) $116,063.00 Contingencies @ 5% $5,803.15 Soils testing @ 1.5% $ ,740.95 000017 Construction engineering and surveying @ 10% $11,606.30 TOTAL EXPENDITURES $135,213.40 PROJECT REVENUES Streets and Bridges fees (Fund 705) $119,851.75 FEMA Storm Damage funds (Fund 500) $2,688.00 UrbanState Highway Account funds for storm $12,673.65 dam4ge projects (Fund 500) TOTAL REVENUES $135,213.40 ATTACHMENTS• Attachment A, Resolution 70-97 Attachment B, Bid Summary Attachment C, Itemized Bid Summary J 96137AWD.ATA 000018-- RESOLUTION NO. 70-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AWARDING A CONTRACT TO SOUZA CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE MINOR ROAD REPAIR PROJECTS - FY 96/97 CITY OF ATASCADERO BID NO. 97-01 WHEREAS, the various components of the minor road repair projects are identified in the current capital budget adopted by the City Council of the City of Atascadero, California; and WHEREAS, on July 10, 1997 sealed bids were publicly opened for the Minor Road Repair Projects - FY 96/97 and Souza Construction, Inc. was found to be the lowest responsible bidder; and WHEREAS, the public interest and general welfare will be served by construction of the Minor Road Repair Projects - FY 96/97. NOW, THEREFORE, the City Council of the City of Atascadero does resolve as follows: 1. The Mayor is hereby authorized to execute an agreement with Souza Construction, Inc. for the construction of the Minor Road 11.Repair Projects in the total amount of $116,063.00 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The City Engineer is hereby authorized to approve contract change orders up to 5% of the contract amount. 4. The Finance Director is hereby authorized to appropriate, release and expend $119,851.75 of Streets and Bridges fees (Fund 705); $2,688.00 of FEMA storm damage funds (Fund 500); $12,673.65 of Urban State Highway Account storm damage funds (Fund 500); and issue the necessary warrants to comply with the terms of this agreement. 5. The San Luis Obispo Council of Governments is hereby authorized to release • $12,673.65 of Urban State Highway Account funds for storm damage projects for the construction of the Minor Road Repair Projects, FY 96/97. 000019 Page 2 Resolution No. 70-97 Minor Road Repair Projects - FY 96/97 Contract Award On a motion by Councilperson seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia M. Torgerson Ray Johnson City Clerk Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: Roy Hanley Steven J. Sylvester Interim City Attorney City Engineer 000020 BID SUMMARY TO: John Neil, Assistant City Engineer FROM: Marcia M. Torgerson City Clerk BID NO.: 97-01 OPENED : 07/10/97 2:00 p.m. PROJECT: Minor Road Repair Project (3) bids were received and opened today, as follows: Bidder Base Bid Additive No. 1 Total Souza Construction, Inc. $106,053.00 $10,010.00 $116,063.00 P.O. Box 3903 San Luis Obispo, CA 93403 Madonna Construction Co. $109,159.70 $9,100.00 $118,259.70 P.O. Box 3910 San Luis Obispo, CA 93403 Whitaker Contractors, Inc. $155,975.00 $10,692.50 $166,667.50 P.O. Box 910 Santa Margarita, CA 93453 Attachments: 3 bids D � JUL ! 4 1997 PUBLIC WORKS CITY Or'ATASCADERO 000021 _ W O _U 0 O K N a J LLJ 0 CLW U W a I- z w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Lq Ln 0 0 0 0 0 0 0 0 LC) 00 00 '-TN � 00 CV 0 0 0 LO r N Q a N O 00 'IT (0 LO CO r N i- M O Ln N M LO I1- O CO O r O U M J O O 00 Cl) 00 O O CO N r LO N ao 00 r LO r- O CD CO p M r F< r r - M M N - r M LO Ococo i co r4. ,`'+ CO EA O CD O C p .` M O r N O U m 2' w O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cjj ZL X Co U O O r 0 0 0 0 0 0 0 0 0 (A N N O O r-:Q (D O 2 0.' M N r N M l0 M I- LOO M V � O r r N M V ¢ Z m t0 m N a N N Qm ¢ c0c Z r m O ¢ CU d U) UI O O O LO O O O O to 0 0 0 0 0 0 0 0 O O O C U O O O 'T O O O O CN 0 0 0 0 0 0 0 0 O ti 00 V �t CA O O O O 'd' O O O O C) O U) LO CA O 0) Q a ti Iq � O O co 00 O O O N r 0 co N LO O LO Oct r V V OO N O O Ln M tT N O r N r r r N O C M r M r r M r r N Ch O O 00 Z O o CL ce)cn C9 U (M Q w LO M M r 0 0 0 0 LO 0 0 0 0 0 0 0 0 O X U) U V � d. M 0 0 0 0 V 0 0 0 0 0 0 0 O O CO r r 00 O O Cl) CO M O C� O r r r r N 'cf N W 0 m J a V N Cl) N N N W C Q p O O H r 0 C C. U) ZE w O O O O O O O O O O O O O O O O O O O O WO O O O O O O O O O O O O O O O O O O O N Com. (fl CO O O CO CO O C) O L7 CO to FN_ LO Cl) O_ M- Q N N CA m N CD N N (D N W CO N LO co (n N CU M J 1� r- 0 O co to O 0 I- N v N 00 I- N r O O O a Q O CD Q r CD M r N - � r �T (0 O O O N LO O 1` O :3 M a.M O 613� = m to C�j Mn Mn CD C- M QLO O N O O O LO 0 0 0 0 0 0 0 LO O O O >- O X U LO O CO V O O r 0 0 0 O O M r (0 O M 'V' O LL U o .N co O O Ln r- O CV v 00 0 0 0 0 r- O O 0 v Z f0 m J a V M N CO N N Q O - m D C/) dcn O Z LL LL Z LL Qa LL LL Z QQ ¢ QQ LL LL LL LL LL LL w F- Cn Cn F- J ((j J Cn F- W W J J J J U) Cn IL y w N F- O d 'V' f- 0 0 LO N O U) N O O Ln � r W O N Q N co C M (OD r N M CO CV CV r 0 ^ - N CV N r r N r N Q v ¢ U c7 O m o O 0 O U Z w o J �2 U co0 ¢ o o 0 0 FQ- U U v CN_. 0 rn O LL _ m ¢ 0 N Q O m N N N0 Z Z CU N N — __ __ —_ __ c G O FT- r' N c6 w C N 0- U m v > co ui ui (i 0) m M z >Q", CLwOQ U m ami aaQa W O F- F- m cd N c E CO (4 fn !A 0) m O U) a o c c 0 �' v % o > m W a O � mV mU � Ytn > :? > g Lia L`L) m m > tn W m � � aoi OQ U w U U ( - - F- F- F- F- 4 H N O � Q w o o mUUUUU7a�ivv 'ma Lo Lo co La pS OM U LL m ¢ U U ¢ a. ¢ Q a Q w ¢ ¢ a a a a. a (L I D N M W r N M V u1 w n w 0 � � � � r � � .n- � H co 000022 REPORT TO CITY COUNCIL Meeting Date: 07/22/97 CITY OF ATASCADERfl Agenda Item: A-11 THROUGH: Robert F. Grogan, Interim City Manager FROM: John B. Neil, Assistant City Engineer VIA: Otever! J Sylvester, City Engineer SUBIECT Bid award of the State Route'41/Atascadero Avenue Storm Drain Project RECOMMENDATION: 1. Adopt Resolution No 71-97 awarding a contract to construct the State Route '41/Atascadero Avenue Storm Drain Project to NFL Construction, Inc. 2. Revise the adopted FY 97/98 budget DISCUSSION: Design of the storm drain project has been completed and advertised foi bid as authorized by Council. Bids were received and publicly opened on July 11, 1997. A bid summary prepared by the City Clerk and the itemized bid summaly are included in this report for reference. The low base bid was submitted by NFL Cons ruction, Inc. in the amount of$803,163.00. The base bid is the basis of award for the cont act. Additive No. 1 was for the construction of an overlay on Atascadero Avenue after con truction of the storm drain. Due to funding constraints staff is not recommending award of Additive No 1 in the amount of $40,560.00. The bids have been checked'for completeness and accuracy. Staff finds NFL'Construction., Inc.to be the lowest responsible bidder. The project is for the construction of a storm drain along Atascadero Av nue from Atascadero Creek to Morro Road(State Route 41). The storm drain then continues along Morro Road to Curbaril Avenue. This segment of the storm drain would provide the vital first link in completing a storm drain system which would significantly reduce the flooding potential in the Amapoa/Tecorida basin. The project would complete Phase 1 and a portion of Phase 2 of the storm drain identified in the Amapoa/Tecorida Master Drainage Study presented to Council on April 25,_1995. 000023 Council, at their dune 27, 1995 meeting, established construction of the Phase 1 portion of the storm drain as the priority project highest ect to reduce flooding g p y p � g potential-within the Amapoa/Tecorida drainage basin. Basedon Council's direction, staff has completed the design, advertised for bid, and secured over $400,000 in outside funding to complete the project. Staff is recommending that the adopted FY 97/98 budget be revised in order to proceed with construction of the project. If the project is not awarded, the City may loose $400,000 in outside funds ($300,000 of CalTrans Minor Project"A" Funds and $100,000 of Regional State Highway Account Funds). These funds may not be available in the future for construction of the project. The proposed changes to the adopted FY 97/98 budget are, as follows. 1. Reallocate $80,000.00 in Urban Area State Highway Account funds,(Fund 500) towards construction of the project. The original project for these funds was repair of the Corona Road slope failure. Since the budget was adopted, nearly $60,000 in FEMA storm damage repair funds have become available for the repair of Corona Road. Based on surveys'of the site, staff feels repairs to Corona Road could be completed within the $60,000 allotted by FEMA. 2. Reallocate $31,950.00 in Drainage Impact Fees (Fund 700) towards construction of the project. These funds were originally'allocated for miscellaneous repair projects as directed by the Community Services Director. These miscellaneous projects can normally be accomplished by City maintenance forces. 3. Reallocate $93,734.90 in Streets and Bridges Fees (Fund 705)towards construction of the,project'. $50,000.00 was originally allocated for miscellaneous repair projects as directed by the Community Services Director. These miscellaneous projects can normally be accomplished by City maintenance forces. $20,000.00 was originally allocated for the widening of Santa Lucia Road at Lomitas. This project could be postponed until funding becomes available. The remaining $23,734.90 is from the approximately $26,000 remaining in unallocated Streets and Bridges Fees. FISCAL IMPACT: PROJECT EXPENDITURES Construction (base bid only) $803,163.00 Contingencies @ 5% $40,158.15 Soils testing@ 1.5% $12,047.45 000024 Construction engineering and surveying @ 10% $80,316.30 TOTAL EXPENDITURES $935,684.90 PROJECT REVENUES CalTrans' Minor Project "A" funds (Fund 500) $30101000.00 Regional State Highway Account funds for the State $100,000.00 Route 41/Atascadero Avenue storm drain (Fund 500) Urban State Highway Account funds for storm $80,000.00 damage projects (Fund 500) Amapoa/Tecorida Drainage Fees (Fund 701) $146,506.00 Drainage Impact Fees (Fund 700) $215,444.00' Streets and Bridges Fees (Fund 705) $93,734.90 TOTAL REVENUES $93,'51684.90 ATTACHMENTS: Attachment A, Resolution 71-97 Attachment B, Bid Summary Attachment C, Itemized Bid Summary 93104AWD.ATA 000025 RESOLUTION NO. 71-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AWARDING A CONTRACT TO NFL CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE STATE ROUTE 41/ATASCADERO AVENUE STORM DRAIN PROJECT CITY OF ATASCADERO BID NO. 97-07 WHEREAS, the State Route 41/Atascadero Avenue Storm Drain Project is identified in the current capital budget adopted by the City Council of the City of Atascadero, California; and WHEREAS, on July 11, 1997 sealed bids were publicly opened for the State Route 41/Atascadero Avenue Storm Drain Project and NFL Construction, Inc. was found to be the lowest responsible bidder; and WHEREAS, the public interest and general welfare will be served by construction of the • State Route 41/Atascadero Avenue Storm Drain Project. NOW, THEREFORE, the City Council of the City of Atascadero does resolve as follows: 1. The Mayor is hereby authorized to execute an agreement with NFL Construction, Inc. for the construction of the State Route 41/Atascadero Avenue Storm Drain Project in the total amount of $803,163.00 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The City Engineer is hereby authorized to approve contract change orders up to 5% of the contract amount. 4. The Finance Director is hereby authorized to appropriate, release and expend: $300,000 of CalTrans' Minor Project "A" funds (Fund 500); $100,000.00 of Regional State Highway Account funds; $80,000.00 of Urban State Highway Account funds (Fund 500); $146,506.00 of Amapoa/Tecorida Fees (Fund 701); $215,444.00 of Drainage Impact Fees (Fund 700); $93,734.90 of Streets and Bridges fees (Fund 705) and issue the necessary warrants to comply with the terms of this agreement. 000026 Page 2 Resolution No. 71-97 State Route 41/Atascadero Avenue Storm Drain Project Contract Award 5. The San Luis Obispo Council of Governments is hereby authorized to release $100,000.00 of Regional State Highway Account funds and $80,000.00 of Urban State Highway Account funds for the construction of the State Route 41/Atascadero Avenue Storm Drain Project. 6. CalTrans is hereby authorized to release $300,000.00 of Minor Project "A" funds for construction of the State Route 41/Atascadero Avenue Storm Drain Project under their cooperative agreement with the City. On a motion by Councilperson seconded by Councilperson the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia M. Torgerson Ray Johnson City Clerk Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: Roy Hanley Steven J. Sylvester Interim City Attorney City Engineer 000027 BID SUMMARY TO: John Neil, Assistant City Engineer FROM: Marcia M. Torgerson City Clerk BID NO.: 97-07 OPENED : 07/11/97 2:00 p.m. PROJECT: State Route 41/Atascadero Ave. Storm Drain Project (3) bids were received and opened today, as follows: Bidder Base Bid Additive No. 1 Total NFL Construction 1532 Ranchero Dr. $803,163.00 $40,560.00 $843,723.00 Oceanside, CA 92057 Whitaker Contractors, Inc. P.O. Box 910 $847,628.50 $43,160.00 $890,788.50 Santa Margarita, CA 93453 Granite Construction P.O. Box 50085 $945,628.00 $26,000.00 $971,628.00 Watsonville, CA 95077 Attachments: 3 bids JUL 1 4 199; CITY OF RT SCADER0 J028 N W 0 U O O a J W FQ � O W U of a H z D O O O O O O O O O O O O O O O O O O O O 0 O O O O O O O O co U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 O o 0 0 N 0 0 0 V O r 0 sM cM V LO V LO M O c0 LO O N O )C) 0 0 (0 O O v co O O O N N O N O tt V O) Nr� V N O N t` m O a O 00 N O O CO M CO V (0 M () CO O) r r O N O CO N CO N O CO V• CO O c0 _ MV' n Cn O CO MO O (A 00 00 n 00 r L M NOV c) --t no (O Q O ° (° �n M ^ b ao ULO O 0) a) w o rn C= o Zp OI.O 9 W 0 0000000000000000000Ln0 .t00 0 00000000000000000000000rnroo (n o m Z U XO -aU, 0 O N CO M Cn O 0 00 N 0 0 0 h 0 r V' M O V' 0 (M CO Cl p - R m O a <! 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Q .� c F' ti t9 o 0 o rn rn 0 O p c c c c Z4 Q Q m � 3 � w > > U o J - - _ c c1' U z Z m m m m m � , Z i o , 0 a 'o 5 5 0 :200 O� n p c m (° 0 ' � m o ai ai ai m m v m co >. 0 0 in in in CO CO COU o_ a a n ?3 U) ~ o 0 0 o U U m 2 c c c c c 1- o '"a) .c *.F c c m N rn N 0 0 0 o O m c w (n CO U 0) a) w 2 r Q z0 (ntn (ntnaaU- � o 0 c c c c c � 0 c oWEFTE � w 0Q o0 � CO a CO M N M CO <O U U co C om " -Oi -=i '37 CO _� m :Ci m N N ca N m 0 Z r ZO m > > U U w u u G a) H E- F- a o CL j 0 w b 2 2 c c ? 2 > °� 2 U UO cai (°� (ai (ai +O H w N 0 N to to N N N N O O y N N N N N N N O �O. N f0 CO CO N CO Ca OJ O to m c a c c c c c 0 0 C a c c c c c a E c cL d QQ cL O- cL c 3 O Q o 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 o 0 y o N 0 0 N N N �- Q 0 LL OODUUUUUUwoUUUUUUUUmSL) wW ofOfofof coa w o W '- N I7 v if) O n CO T {h W 000029 REPORT TO CITY COUNCIL ATASCADER0 Acfenda Item: - 11 2 Through: Robert F. Grogan Meeting Date: 07/22/97 Interim City Manager File Number: TPM 96008 Via: Steven L. DeCamp Acting Community Development Director From: k Kelly Heffernon, Assistant Planner SUBJECT Consideration of Final Parcel Map 96008 to divide o e lot of 1.50 acres in size, into two (2) parcels of 0.76 and 0.74 acres each for single family residential use. Subject site is located at 8805 Old Santa Rosa Road (Roland and Eloise Lanini/Wilson La dl Surveys) RECOMMENDATION: Accept Final Parcel Map 96008. BACKGROUND: On December 3, 1996, the City Council considered the above- referenced -map on their Consent Calendar. The City Council approved Tentative Parcel Map 96008 based on the Planning Commis- sion' s recommendation and the Findings and Revised Conditions of Approval. All conditions have now been met by the applicant and the final map is ready to record.' Ph\ Attachment: Parcel Map cc: Roland & Eloise Lanini Ken Wilson 000030 . ... ATTACHMENT HCl i�c Cir Al-Al CAD COMMUNITY DEVELOPMENT TENTATIVE PARCEL MAR DEPARTMENT TPM 96008 rn� 'A < IC al _a �• a_aoo s • 'All, . f UK • f•S l� `� r� .���•�Lt!• ��� �`� �. See �� L{� r~O • G4 OA- .'�•�• t lW �1•rSii t.+� is Y dam, P. 21 O • A. s v: r oop REPORT TO CITY COUNCIL Meeting Date: 7-22-97 CITY OF ATASCADERO Agenda Ite : B-1 Through: Bob Grogan, Interim City Manager From: Rachelle Rickard, Accountant SUBJECT; Placing Delinquent Solid Waste Charges on the Property Tax Rolf for FN 1997-98. RECOMMENDATION: Adoption of Resolution No. 64-97 as may be amended, placing delinqu Brit solid waste" charges on the FY 1997-98 Property Tax Roll. BACKGROUND: Council_adopted Ordinance No. 269 on May 11, 1993, which allows the City to place delinquent solidwaste bills on the property tax roll, provided that: 1) The charges were over 60 days delinquent 2) The charges were assessed only after a Public Hearing, and 3) Each affected property owner had received written notice en days prior to the hearings. Each of these accounts is a minimum of sixty days delinquent and noti es have been mailed to the property owners prior to this scheduled meeting. DISCUSSION: The total amount of outstanding bills to be placed on the tax rolls is $8,578.32. Council has the discretion to remove individual accounts from the listing in Resolution No. 64-97, based on circumstances presented at the hearing. However, Council's decision to remove an individual account would not necessarily preclude Atascadeo Waste Alternatives from pursuing other means of collection. Atascadero Waste Altern tives representatives will be present to respond to individual questions. It should be noted that some accounts may have been paid in full or resolved in some other manner prior to the hearing. Atascadero Waste Alternatives is tracking these accounts and will be able to report any accounts that should be removed from the listing for that reason. FISCAL IMPACT: The total $8,578.32 will net the City an additional $428.91 infranchise fee revenues. 000032 RESOLUTION NO. 64-97 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO PLACING DELINQUENT SOLID WASTE CHARGES ON THE 1997-98 PROPERTY TAX ROLL WHEREAS, Government Code Sections 38790.1 25831 allows cities to place delinquent solid waste bills onto the annual property tax roll, under certain conditions; and WHEREAS, the City Council adopted Ordinance 269 on May 11, 1993, applying the provisions of said Government Code to the City of Atascadero; and WHEREAS, all property owners with delinquent solid waste fees of at least sixty (60) days were duly notified in writing that their delinquent fees would be placed on the FY 1`997-98 property tax rolls, after a public hearing scheduled for July 22, 1997; and WHEREAS, Council has duly held a public hearing concerning the placement' of delinquent solid waste fees on the FY 1997-98 property tax rolls; and WHEREAS, at said hearing the attached report marked "Exhibit A" containing the delinquent fees by Assessor's Parcel Number was duly received by said Council; and WHEREAS, at said public hearing , opportunity was given for filing objections and protests in presentation of testimony or other evidence concerning same; and WHEREAS, it is in the public interest that this body confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the Cityof Atascadero as follows: Section 1 . That the recitals set forth above are true, correct and valid. Section 2. That Council hereby determines and confirms the, report containing delinquent fees as set forth in "Exhibit A", which is hereby expressly incorporated herein by reference as though here fully set forth, and hereby further determines and confirms that each delinquent fee set forth in said report is true and accurate and is in fact owed. Section 3. That the fees are so confirmed, determined, and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such fees shall be collected at the time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case delinquency is provided for such taxes. Section 4. The City Clerk shall file'a certified copy of this resolution and said "Exhibit A with the County Auditor upon its adoption. 000033 Resolution No. 64-97 Page 2 Section 5. This resolution shall take effect immediately upon adoption by a majority vote of Council. On motion by Councilman seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following roll call vote. AYES: NOES: ABSENT: ADOPTED: ATTEST: MARCIA M. TORGERSON City Clerk By: RAY JOHNSON Mayor APPROVED AS TO FORM: ROY A. HANLEY, City Attorney • 000034 - REPORT TO CITY COUNCIL Agenda Item: B-2 CITY OF ATASCADERO Date: my 22, 19917 Through: Bob Grogan, Interim City Manager From: Michael P. McCain, Fire Chief SUBJECT: „1. Public Hearing - Objection regarding placing weed abatement charges on the 1997 / 98 property taxes. aj Resolution No. 65-97 Confirming the cost of weed abatement. RECOMMENDATIONS: Adopt BACKGROUND: On April 22, 1997, Council adopted Resolution No. 25-97 authorizing the Fire Chief to proceed with abatement on declared noxious or dangerous weeds and other flammable materials that create a fire hazard-or constitute a` public nuisance. On May 7, 1997, notices were mailed to property owners informing them of weed abatement requirements. A public hearing regarding appeals,for parcels scheduled to be abated was held on May 27, 1997. The weed abatement contract was awarded at that meeting to Jack R. Bridwell to abate parcels which were not abated by property owners. Abatement work began on June 4, 1997 and continued through July 16, 1997. An itemized list of weed abatement assessments was posted wi the City Clerk and at the Fire Station on July 17, 1996. A total of* parcels were abated. FISCAL IMPACT: No direct fiscal impact. The amount of * will be re overed through assessments placed on property tax bills. * To be included in an amended report once abatement process is complete. 000035 RESOLUTION No. 65-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONFIRMING THE COST OF WEED ABATEMENT. WHEREAS, the Government Code of the State of California,Section 39500, et seq., provides that cities may declare weeds a public nuisance for the purpose of Weed Abatement and WHEREAS, the Atascadero City Fire Department did abate said nuisance within the provision of the government Code,Section 39500,et seq. and WHEREAS, the cost of the work of abatement, including a 100% administrative fee, as shown;on the Preliminary Special Tax Listing for 1997/98 Tax Year was submitted in 'accordance with Government Code Section 39574; and WHEREAS, the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE, BE IT RESOLVED That the report of abatement cost is confirmed as presented;and BE IT FURTHER RESOLVED that the costs of abatement constitutes a special assessment against the described parcels and shall be lien on the property in accordance with Government Code Section 39577; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit to the proper officials of the County a certified copy of the report for filing. On motion by Council person and seconded by Council person the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: 000036 Resolution No. 65-97 Page 2 CITY OF ATASCADERO By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney APPROVED AS TO CONTENT: MICHAEL P. McCAIN, Fire Chief 00003'7 PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that the Atascadero City Council will hold a public hearing on July 22, 1997, at 7:00 p.m. in the Rotunda Room, Administration Building, 6500 Palma Avenue, Atascadero, California, for the purpose of receiving objections of any property owners assessed during the annual weed abatement program. Any property owner affected thereby may make protests in writing or in person at said public hearing. The list of charges to property owners affected will be available in the Office of the City Clerk, Room 208, Administration Building, 6500 Palma Avenue and at the Fire Department, 6005 Lewis Avenue, on Friday, July 17, 1997. Any charges not paid prior to this hearing or adjusted by City Council as a result of the hearing will be forwarded to the County Tax Collector for inclusion in the regular property tax bill. Payments may be made at the Fire Department at the above listed address between the hours of 8:00 a.m. - 12:30 p.m. and 1:30 p.m. - 4:30 p.m. daily. Dated: July 3, 1997 MARCIA M. TORGERSON, City Clerk 000038 REPORT TO CITY COUNCIL Agenda ItOM: B-2 (AMENDED) CITY OF ATASCADERO Date: July 22, 1997 Through: Bob Grogan, Interim City Manager From: Michael P. McCain, Fire Chief SUBJECT: 1. Public Hearing Objection regarding placing weed abateme t charges on the 1997 / 98 property taxes, a) Resolution No. 65-97 Confirming the cost of weed abatement. RECOMMENDATIONS: Adopt BACKGROUND: On April 22, 1997, Council adopted Resolution No. 25-97 authorizing the Fire Chief to proceed with abatement on declare noxious or dangerous weeds and d p other flammable materials that create a fire hazard or constitute a public nuisance. On May 7, 1997, notices were mailed to property owners informing them of weed abatement requirements. A public hearing regarding appeals for parcels scheduled to be abated was held on May 27, 1997. The weed abatement contract was awarded at that meeting to Jack R. Bridwell to abate parcels which were not abated by property owners. Abatement work began on June 4, 1997 and continued through July 16, 1997. An itemized list of weed abatement assessments was posted wi h the City Clerk and at the Fire Station on July 17, 1996. A total of 140 parcels were abated. FISCAL IMPACT: No direct fiscal impact. The amount of $42,176.40 will be re overed through assessments placed on property tax bills. 000035 ' O O O in C7 n IO Q n- In t o In IC-) 0 Q O Cl ?> N N N N N N N N N N IV N N N N N N '0 co Co co t� Q w w Q 00 00 00 m 00 00 Oo 00 Oo r ► ► r � O ! 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O O W W II I N N N CJI W co N O -ts, W W O O O O O O O O O O o O O O cnO w — C) O rn CD I � I� Iw �� IO cIOIN �� It CO CJI 0 v n � CD Z c cr N ro G 00 PO CO CO 11 rJ O M CO v W W CO W O � CA CA N N Cb O CA C'n N O C� O Cb C� N O O O O O O O O O O O O O Cl O O O O O O O O O O O O O O 40 o D 00 CO (D � Im I0) I� (D - oo I,o I( I00 .co 0) O) U) IV N W 1911 U) W N C70 C!) U7 •Cb W r F O O O O O O O O O O O O O O O O O O O O O O O O O O O O CD ma D 00 '~ N D (D N N CD 7 N � .� W ~ CO CO d�, .A W W W CO -p -1 CO CO 11 CO ~ N N -N .A. C) 0) N N •P O N N CA N p cc::)) O O O O O O O O O Cl O Cl O O O O O O O O O O O O O O O EA N V O O O O O O O O O O b O O O O O O O O O O O O O O O O O EA A N CO CO A CO W CO W P -1 CO CO �l CO P O C� Cb Cb � 4 m w 4A6 -P w .PP O O O O O O O O 0 O O O O O O I REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-3 Through: Robert Grogan, Interim City Manager Meeting Date: 7-22-97 From: Steven L. DeCamp, Acting Director File No: Sub Ord SUBJECT: Amendment of the Subdivision_ Ordinance delegating linal authority to approve, disapprove, or conditionally approve tE ntative tract and parcelmapsto the Planning Commission. RECObVENDATION Waive reading in full and approve on first reading by title only Draft Ordinance No. 331 . BACKGROUND: ThCaliforniaThe Ca Government. Code empowers the City Council to authorize the Planning Commission to act on its behalf on virtually all types of planning applications. The City Council can not, for example, delegate approval or disapproval of, General Plan and Zoning Ordinance adoptions or amendments, however. In the past, the City Council has delegated to the Planning Commission authority to grant final approval on conditional use permits and variances. Currently, however, the Co ission' s action on tentative subdivision maps is advisory only. Because the Commission' s action on tentative maps is only advisory, - applicants for subdivisions' are required to wait an additional three (3) weeks after Commission action for affirmation by the City Council. Delegating final authority for approval of such .maps would, therefore, result in EL three week time saving for applicants. Delegation of approval authority for subdivision MELPS' to the Planning Commission would not affect the Council' s ability to _ review such decisions on appeal. The Council' s current policy is to have final action on 'tentative tract and parcel maps appear on the "Consent Calendar" portion of the agenda. Modifications of the Planning Commission's recommended action or recommended Conditions of Approval have only been allowed too cur after the filing of an appeal, and subsequent public hearing on the issue. The recommended delegation of authority to the Planning Commission need not affect this policy in any; way. 000039 9 J - FISCAL IMPACT• There will be a minimal cost saving through elimination of preparation and reproduction of duplicative staff reports ATTACHMENTS Draft Ordinance No 331 000040 ORDINANCE NO. 331 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 2 OF TITLE 11 (SUBDIVISION ORDINANCE) DELEGATING TO THE PLANNING COMMISSION THE AUTHORITY TO APPROVE, CONDITIONALLY APPROVE, OR DISAPPROVE TENTATIVE TRACT AND PARCEL MAPS WHEREAS, the Atascadero City Council is desirous of delegating authority to approve, conditionally approve, or disapprove tentative tract and parcel maps to the Planning Commission; and WHEREAS, the proposed Subdivision Ordinance amendment is consistent with Section 65100 et seq. of the California Government Code regarding the creation and functions of planning commissions; and WHEREAS, the proposed amendment is consistent with Section 2-9. 07 . of the Atascadero Municipal Code concerning the powers, . duties, and functions of the Planning Commission; and WHEREAS, the proposed amendment will not have 'a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings . 1 . The proposal is consistent with the provisions and requirements of the California Government Code, the State Subdivision Map Act and the Atascadero Municipal Code. 2 . The proposal will not result in any significant adverse environmental impacts. Section 2 . Subdivision Ordinance Text. The Subdivision Ordinance text is hereby amended by the addition of the language shown on the attached Exhibit A. 000041 ORDINANCE NO. 331 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 posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following role call vote: AYES : NOES : ABSENT: DATE ADOPTED: By: RAY JOHNSON, Mayor ATTEST: MARCIA TORGERSON, City Clerk APPROVED AS TO FORM: ROY A HANLEY, City Attorney PREPARED BY: STEVEN L. DeCAMP, Acting Director Community Development Department 000042 EXHIBIT A Chapter 2 of Title 11 (Subdivision Ordinance) is 'hereby amended as follows: 11-4 . 110 Planning Commission action on tentative tract map. Within fifty days of the filing thereof, the Planning Commission shall, after a hearing and consideration of the tentative tract map, accompanying reports of applicant and staff, and public testimony, reeemmend appreval eenditielapprevtell, e approve, conditionally � ' siens }approve, or disapprove the map.r and ,,} x-eeemmanded, t � + 1....11 d3�pp r6�—ef �iT• _.. _=-= - ��e•r�xxurr eent ain-s t a tefftents-e€-the reas ens-=ems-di s app reval. —I f eend-itienal appr-eval ei—a- map is reeeRuftended, the epe r t shall l , �p + ...., the r ee�-ta-i-n—a— lute--�-t��m��+�ef� The approval or ' conditional approval of any tentative tract map shall not constitute an approval of any exception or deviation from any zoning regulations of the City nor shall it be deemed as an approval to proceed with any : development in violation of any applicable provision of ';, law. 31-4 . 111 Geuneil aetien en tentative tragi} Within thirty days-cif-its reeei_pt e th Ping rc-vnTMuTMiissien's-repert, tic-Deane l shall eei:sdcr and appneve,eenditied-appr-eve, of disapp-reve the tentat-ire-tra,et map. if the- fftap-is diseppreved, green s fer disappr-e••al shall be stated. NOTE: Language to be deleted shown as st__'-:_threu h type. Language to be added shown as bold type 000043 PORT TO CITY COUNCIL Meeting Date: 07/22/97 CITY OF'ATASCADEPO Agenda Item: B-4- Through: Robert Grogan, Interim City Manager Via: teven J. Sylvester, City Engineer From: ohn B. Neil, Assistant City Engineer Encroachment Ordinance RECOMMENDATION: To waive-reading in full and approve on first reading the attached draft encroachment ordinance. (Ordinance No. 332) DISCUSSION: general terms, the purpose of an encroachment ordinance is to protect the:public's investment in the qVIty's roadway system. Safety of the traveling public and permittees in City rights-of-way is the primary concern. An encroachment ordinance defines the authority by which the City can control encroachments within the City right-of-way. Without such an ordinance, the necessary statutory authority does not exist to,__ effectively regulate activitieswithin the right-of-way. An encroachment is typically defined as any tower, pole, pole line, pipe, pipe ine, fence, billboard, stand or building, or any structure or object of any kind or character, or special event which is in, under, or over any portion of the right-of-way. Encroachment permits are issued under the authority of an encroachment ordir ance. An encroachment permit is a permissive authority to enter the right-of-way and to construct approved facilities or conduct ,specified activities. An encroachment permit is a valid contract when accepted by the permittee. Acceptance is acknowledged when any of the specified acts or work is performed under the permit. An encroachment permit is not a property right. An encroachment permit should be obtained for all proposed activities for pia ement of encroachments within, under, or over the City right-of-way. Some examples of work which sh uld require an encroachment permit are utilities, excavations,advertising, planting or trimming vegetation, surveys, *aiI boxes, driveways and special events. The draft encroachment ordinance was circulated to contractors, utilities, cons iltants and other, interested parties on April 14, 1997. Two responses were received and are in luded as attachments to 000044 'I .this staff report.. The ordinance originally circulated on April 14, 1997 was modified to addresses the comments of both The Gas Company and the Atascadero Mutual Water Company. The modifications have been reviewed* and approved by the City Attorney. FISCAL IMPACT: The City currently issues encroachmentp Man.ermits for work within the right-of-way. Y ht-of-wa of the administrative duties required by the ordinance are currently being performed by staff. Therefore adoption of the ordinance should not result in any increase in administrative costs. A cost savings on future capital improvement projects could be realized if the City has the authority to order the removal of i encroachments. 1 ATTACHMENTS:' Attachment A, Draft Encroachment Ordinance Attachment B, Letter from The Gas Company dated April 24, 1997 Attachment C, Letter from Atascadero Mutual Water Company dated April 25, 1997 ENCROACHRPT 000045 ATTACHMENT A ENCROACHMENT ORDINANCE REPORT TO CITY COUNCIL JULY 22, 1997 ORDINANCE NO. 332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADDING CHAPTER 15 TO TITLE 7 OF THE MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA DOES HEREBY FIND AND ORDAIN AS FOLLOWS: I. FINDINGS. The City Council of the City of Atascadero, California does hereby find, determine and declare that: A. The intrusion of landscaping, obstructions, towers, poles, pole lines, pipes, fences, wires, cables, conduits, stands and buildings,'; mailboxes, entry monuments, and other structures and objects not specifically mentioned in this Section A, on, in, along, under, over or across a Public Place, Right of Way or Street (as the foregoing are hereinafter defined), including without limitations excavations on, in, along, under, over or across said Public Place, Right of Way or Street (collectively, hereinafter referred to as an "Encroachment") without proper design and regulation poses a threat to the health,;safety and general welfare of the public in the City of Atascadero. B. Regulation of design, permitted work and the issuance of a permit by the City for an Encroachment will protect the public from threats to its health, safety and general welfare through the control and extent of such Encroachments. C. Because regulation of Encroachments will add a burden to the City in that it will require staff time for review and consideration of applications for permits for Encroachments, inspections and code enforcement, the imposition of a fee which represents the reasonable cost to the City for a issuance of an Encroachment Permit is necessary. II. ADOPTION OF CHAPTER 15 OF TITLE 7 OF THE MUNICIPAL CODE. A. The City Council of the City of Atascadero does hereby ordain that Chapter 15 shall be added to Title 7 of the Municipal Code as follows:. 1 000046 TITLE 7 CHAPTER 15. ENCROACHMENT PERMITS 7-15.001 GENERAL PROVISIONS AND DEFINITIONS 7-15.001.1 Title and scope. 7-15.001.2 Definitions. 7-15.001.3 Applicability. 7-15.001.4 Exception. 7-15.001.5 Masculine to include the feminine. 7-15-001.6 Ordinance creating authority. 7-15.002 PERMITS 7-15.002.1 Permit required. 7-15.002.2 Permit application. 7-15.002.3 Permit denial limitations and conditions. 7-15.002.4 Permit cancellation. 7-15.002.5 Standard conditions. 7-15.003 GENERAL REQUIREMENTS - SAFETY INSPECTION AND LIABILITY 7-15.003.1 Safety devices, lights and barricades. 7-15.003.2 Warning lights. 7-15.003.3 Safety device standards. 7-15.003.4 Inspections as required by permit. 7-15.003.5 Inspector on job. 7-15.003.6 Inspection not to be obstructed. 7-15.003.7 Permittee liability. 7-15.003.8 Protection and repair of facilities and adjoining property. 7-15.003.9 Interference with utility. 7-15.003.10 Aids to visibility. 7-15.003.11 Liability insurance. 7-15.004 REQUIREMENTS - PERFORMANCE OF WORK 7-15.004.1 Proof of right to use street. 7-15.004.2 Design to accommodate drainage required by City. 7-15.004.3 Work specifications. 7-15.004.4 Work in accordance with plans. 7-15.004.5 Prompt completion of work/notice. 7-15.004.6 Noise, dust and debris. 2 00004'7 • 7-15.004.7 Changes. 7-15.004.8 Restoration of right-of-way. 7-15.004.9 Base and pavement thickness. 7-15.004.10 Seal or slurry. 7-15.004.11 Encroachment removal without replacement. 7-15.004.12 Road closure or interference with street use. 7-15.004.14 Records of installations. 7-15.004.15 Notice before commencing work. 7-15.004.16 Relocation of facilities. 7-15.004.17 Relocation where right-of-way improved. 7-15.004.8 Encroachment not a hazard. 7-15.004.19 Defective work and defects appearing after completion. 7-15.005 FEES AND COSTS 7-15.005.1 Issuance fee and other costs. 7-15.005.2 Deposit of fees. 7-15.005.3 Exemptions and waivers of fees. 7-15.005.4 Permit copy fee. 7-15.005.5 Charges for curbs, walks or surfaces. 7-15.005.6 Schedule of fees. 7-15.005.7 Permittee to pay for all costs. 7-15.005.8 Costs to be actual costs. 7-15.005.9 No fee when inspected by governmental agency. 7-15.005.10 Engineer inspection. 7-15.005.11 Deposit required. 7-15.005.12 Cash Deposit-General or special. 7-15.005.13 Return of deposit. 7-15.005.14 Certificate of deposit. 7-15.005.15 Additional Securities. 7-15.005.16 Acceptance of negotiable paper. 7-15.005.17 Expiration date of security. 7-15.005.18 Deposit-General. 7-15.005.19 Deposit-Specific. 7-15.005.20 Monthly billing of issuance fee. 7-15.005.21 Permits not issued if bill unpaid. 7-15.005.22 Issuance fee refunded. 7-15.005.23 Inspection fee refunded. 7-15.005.24 Plan check fee refunded. 7-15.006 CONSTRUCTION PERMITS 7-15.006.1 Provisions for construction permits. 3 000048 7-15.006.2 Plans may be required. 7-15.006.3 Approved lines and grades for work. 7-15.006.4 Driveways. 7-15.006.5 When a driveway not to be constructed. 7-15.006.6 Width of driveways. 7-15.006.7 Distance between driveways. 7-15.006.8 Driveway deviations. 7-15.006.9 Certificate of acceptance. 7-15.006.10 Offers of dedication and lighting. 7-15.006.11 Investigation of lighting. 7-15.006.12 Additional stakes. 7-15.007 ADDITIONAL REQUIREMENTS 7-15.007.1 Cleanup. 7-15.007.2 Agreement to relocate. 7-15.008 LANDSCAPING 7-15.008.1 Requirements for planting. 715.008.2 Denial of planting permit. 715.009.3 Sight distance. 7-15.009.4 Plantings neat and orderly. 7-15.009 APPEAL AND VIOLATION 7-15.009.1 Provision for appeal. 7-15.009.2 Time of hearing. 7-15.009.3 City council action. 7-15.009.4 Violation. 7-15.010 PENALTIES TITLE 7 - Public Works CHAPTER 15 - ENCROACHMENT ON PUBLIC PROPERTY 7-15.001 GENERAL PROVISIONS AND DEFINITIONS. 7-15.001.1 Title and scope. This Chapter is known and may be cited as the "Encroachment Ordinance." The provisions of this Chapter shall operate as a supplement to all applicable State of California Code sections • 4 000049 I • concerning encroachments on city streets. In the event of conflicting provisions between this Chapter, the Municipal Code of the City and the State of California Codes, the most restrictive shall prevail. 7-15.001.2 Definitions. The following words and phrases shall hereinafter apply in this Chapter. Any identified term used in any definition or generally in this Chapter shall have the meaning hereinafter described for that term: A. "Actual cost" means the amount required to be paid to the City or any agent of the City for work done by the City or its agent to correct, amend, re-do, or perform work on behalf of a Permittee by the City or its agent and shall include all administrative, construction, equipment, materials, interest, appreciation and/or depreciation, labor or other costs incurred by the City or its agent in performing such°work. B. "Applicant" means any Person, firm, partnership, association, corporation, company, entity or organization of any kind who proposes to encroach upon a'Public Place, Right of Way, Street, or private property if governed by this Chapter, and who has applied for a Permit for the proposed Encroachment pursuant to the provisions of this Chapter. C. "Base course" means that portion of the paved structural section located between the Pavement and the Native Soil. D. "Blanket Permit" means any Permit issued to a public agency, public utility, muttial water eornpat� or state water agency which covers all Encroachments made by such entity in the City. E. "City" means the City of Atascadero. F. "City Council" means the City Council of the City of Atascadero. G. "Code" means the Municipal Code of the City unless otherwise defined in the text where it is used. H. "Department" means the Department of Public Works of the City.'; I. "Driveway" means that point of vehicular ingress or egress to private property where it meets the prescribed or legal Public Right of Way and shall include, but not be limited to, that portion of the said Right of Way between the private property line and curb, or between the private property line and the Right of Way Pavement if no curb exists. 5 000050 i J. "Encroachment" means and includes any landscaping, obstruction, tower, pole, pole i line, pipe, fence, wire, cable, conduit, stand or building, mailbox, entry monument, or any structure or object of any kind or character not particularly mentioned in this Chapter which is placed on, in, along, under, over or across a Public Place, Right of Way or Street, including any excavation on, in, along,under, over or across said Public Place, Right of Way or Street. This subsection does not apply to the temporary use of a Street for ordinary maintenance of any existing authorized or permitted Encroachment; nor to the suspension or stringing on existing pole line of additional cables, wires, transmission lines, conduits or service connections solely for temporary telephone or electric power purposes. K. "Encroachment Work" means the work of constructing, placing or installing an Encroachment. L. "Engineer" means the Director of Public Works and/or the City Engineer of the City, or the designee of either or both. M. "Excavation" means any opening in the surface of a Public Place, Right of Way or Street made in any manner whatsoever, except an opening into a lawful structure below the surface of a Public Place, Right of Way or Street the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the Public Place, Right of Way or Street. The term shall also include any excavation on private property which removes or imperils the lateral support of a Public Place, Right of Way or Street. N. "Height" means that dimension measured in a vertical line from the level surface upon which an object stands to the highest protrusion of the object measured. O. "Landscaping" as used herein means any ornamental vegetation which will have no greater height than three (3) feet at maturity. P. "Native soil" means material in its natural state. Q. "Newly Renovated Street" shall mean any Street which has been capped, overlaid, or sealed within the three (3) years immediately preceding the application for a Permit to Encroach. R. "Overhead Structures" means any improvement, other than franchise utility poles and their facilities, extending over a Public Place, Right of Way or Street, including canopies but excluding such projections from buildings as are so excepted and enumerated in the Uniform Building Code or other codes which may have been or may be adopted by the City. 6 000051 S. "Pavement" means the surfaced portion of a Right of Way or Street structural section which is composed of various size aggregates mixed with Portland cement and/or asphaltic compounds. T. "Permittee" means any Applicant to whom a Permit for an Encroachment is granted by the City. U. "Persons" means any individual, corporation, association, public or quasi-public agency and other legal entities. V. "Public" means all Persons as defined by this Chapter other than the City and includes the United States and the State of California. W. "Public Place" means any facility, Street, structure, Right of Way, Colony Road or other improvement owned and/or maintained by the City and used by the Public. X. "Right of Way" means any Colony Road, or any land or interesttherein which, by deed, conveyance, agreement, dedication, usage or other process of law, has been reserved for, or dedicated to,.the City for use by the Public and shall include, but not be limited to, slopes, walls, other roadway supports, roads, street systems, private or paper roads, and all other thoroughfares open to the Public. For purposes of this • Ordinance a "paper road" shall mean a road or Colony Road which is unbuilt or partially unbuilt. Y. "Section" means a section of this code unless some other ordinance or statute is expressly cited. Z. "State" means the State of California. AA. "Street" means any highway street, way, sidewalk or other Public Place in the incorporated territory of the City, either owned by the City, used by the Public pursuant to prescriptive rights, or dedicated to the Public for the purpose of travel by vehicles or pedestrians including Colony Roads. "Street" includes all, or any part of, the entire width of Right of Way, and above and below the same, whether or not such entire area is actually used for Street purposes. BB. "Vehicle" means a vehicle or combination of vehicles as described in the California Vehicle Code. CC. "Vehicle Code" means the California Vehicle Code in effect at the time of issuance of the Permit. . DD. "Width" means that distance across a Public Place, Right of Way, Colony Road or 7 000052 Street measured at a right angle from one side of the Public Place, Right of Way or Street to the other side. EE. "Colony Road" means all roads, streets, boulevards and lanes shown on the Map of the Atascadero Colony recorded with the San Luis Obispo County Recorder, Book 3AC. 7-15.001.3 Applicability. Unless the provisions or the context otherwise require, the general provisions, rules of construction, and definitions contained herein shall govern the construction of this Chapter. 7-15.001.4 Exception. This Chapter shall not apply to: A. Any officer, agent or employee of the City. Work performed by any person under contract with, or at the request of, the City is exempt from the fee and security requirements of this Chapter. B. Any governmental or quasi-governmental agency during an emergency, when such officer, agent; employee of such governmental or quasi-governmental agency is acting in the discharge of official duties. C. Anyoffloyee ofthe Atascadero Mutual Water:!Company acting �n tithe dischar a of their desr nafed dunes s C>utside contract+�rs �rforrmn work foihe g �,.. w.,._ g r Atascadero Mutual Water Company shah not be exemp yfrorr the requirements;of lhis ..o . .. .., .. . . Chapter. 7-15.001.5 Masculine to include the feminine. Any time the masculine "he", "him" or "his" are used they are deemed to include the feminine "She" or "her" or "hers" respectively. 7-15.001.6 Ordinance creating authority. Except as otherwise noted, the rules and regulations in this Chapter 15 shall be those established by Ordinance No. , adopted on 1991. 7-15.002. PERMITS 7-15.002.1 Permit required. • 8 000053 Every Person except as otherwise provided in this Chapter shall obtain an Encroachment Permit from the Engineer before he or she: A. Places, makes, or causes to be made, changes or renews an Encroachment or an Excavation; provided, however, that an owner, lessee or person in control of private property under active agricultural use and immediately abutting the Right of Way may, without obtaining a permit, use the untraveled portion of the Right of Way abutting such private property for the growing and maintenance of agricultural crops and the burning of weeds so long as such use does not interfere with vehicular or pedestrian traffic or drainage of the Right of Way. Encroachments or Excavation for which Permits are not required pursuant to this Chapter are subject to removal under the procedure and penalties provided in Sections 1481 through 1485 of the Streets and Highways Code; B. Places, constructs or repairs any curb, gutter, Sidewalk, Driveway, Pavement, Base Course, retaining or garden wall, storm drain, culvert, pipe, conduit, cable or other work of similar nature in, over, along, across or through any Public Place, Right of Way or Street; C. Constructs, reconstructs or repairs any Street light, or Street lighting system in any Street which is open to the Public. This subsection does not apply if any agreement with the City exists for the construction, reconstruction or maintenance of such installation; D. Constructs, reconstructs, repairs or maintains any Overhead Structure or other appurtenant facility; E. Places or leaves any impediment to travel, including trash and/or debris, upon any Public Place, Right of Way or Street; F. Erects or maintains any post, sign, banner, pole, fence, guardrail, mailbox, wall, loading platform or any other structure on, over, under or within a Public Place, Right of Way or Street; G. Landscapes or removes any landscaping within a Public Place, Right of Way or Street; H. Lights or builds a fire for the purpose of disposal of weeds, brush or debris on a Public Place, Right of Way or Street; I. Uses a Public Place, Right of Way or Street in any manner for purposes of subsurface exploration; 9 000054 J. Conducts land-surveying operations or makes traffic counts in such a way that it is necessary to excavate on, or within a Public Place, Right of Way or Street, or in any way interferes with the normal flow of traffic on a Street; K. Causes or permits water (other than water from natural sources) to flow onto, or upon, any Public Place, Right of Way or Street wherein the water is contained-within the improved section by curbs or berms; Nothing in this chapter prohibits any Person from maintaining pursuant to any law, ordinance or permit, any pipe, cable, or conduit in any street, or from making such excavation as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or from making repairs, provided that the person performing such work applies for a Permit not later than the next business day after such work is commenced. 7-15.002.2 Permit application. A. Application for a Permit shall be made in writing to the Department, on the forms provided by the Department. An Applicant shall complete all information on the forms provided by the Department and any form not so completed may be rejected by the Engineer. B. On each application, the Applicant or his duly authorized agent shall sign a statement on the Applicant's behalf that he agrees to preserve and save harmless the City and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons including death, or property happening or occurring as a proximate result of the Applicant's activities pursuant to the Permit for which the Applicant is applying. C. When required by the Engineer, the Applicant shall attach to, or enclose with, the application four (4) copies of a map, plat, sketch, diagram or similar exhibit which plainly show any and all information necessary to locate, delineate, illustrate or identify the proposed Encroachment. 7-15.002.3 Permit Denial, Limitations and Conditions. A. The Engineer may refuse to issue a Permit under the following conditions: 1. When he finds that the proposed Encroachment is not in the best interest of the Public; 2. When he finds that the proposed Encroachment will be detrimental to the health, safety or general welfare of the Public; 10 000055 . 3. When the Permit requested is for an Excavation in a Newly Renovated Street. Public agencies and public utilities shall determine alternate':methods of making necessary repairs to the opening of a Newly Renovated Street. Exceptions may be made to denial of a Permit in the situations described above when: a. There is an emergency which endangers life or property, b. There is an interruption of essential utility service, C. Repairs must be made by a public agency or public utility to failed pipelines and conduits or when a new connection which could not have been anticipated must be made, d. Work is mandated by City, state, or federal legislation, e. Service is required for buildings or areas,where no other reasonable means of providing services exists, f. Boring is not feasible due to technical engineering reasons, or g. Any other situation in which the Engineer has deemed Excavation to be . in the best interest of the Public. B. The Engineer may attach such conditions to any application for';'a Permit as in the Engineer's sole discretion are reasonably necessary for the protection of the City and the Public including, but not limited to conditions to prevent undue interference with traffic, to limit the extent of any Encroachment made or placed, to require the Encroachment to be installed and operated in a manner which will preserve and protect the health, safety and welfare of the Public, to prevent interference with private property, users of the Public Place, Right of Way or Street or holders of other permits and, to enforce the requirements for and of other permits required to be issued for the Encroachment pursuant to the provisions of the Code. Additional security may be imposed to insure those conditions are met. C. If a Permit is issued to open any Newly Renovated Street, the Engineer may impose an additional fee or deposit as determined by the City Council for such opening. However, such fee or deposit may be waived by the City Council or its designated representative when a public agency or public utility can demonstrate to the satisfaction of the City Council that the excavation is occasioned by circumstances beyond its control. D. Each Permit shall specify the time the Permit becomes null and void and the Permit . shall become null and void on the date so specified unless the Engineer extends the 11 000056 time. The Engineer may extend the time if, in his opinion, the work for which the Permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the Permittee. 7-15.002.4 Permit Cancellation. A. A Permit may be canceled by the Engineer who may issue an immediate stop work order and red tag the permitted Encroachment for any of the following reasons: 1. When permitted work is not started within the time specified in the Permit and/or is started but not diligently prosecuted to completion; 2. Impending failure, or failure on the part of the Permittee to comply with all of the requirements of the Permit; 3. Impending failure, or failure on the part of the Permittee to provide for Public safety; 4. For cause as may be determined by the Engineer in his sole reasonable discretion for Public health and safety reasons. B. Any repairs or other work undertaken by the City to restore, repair, complete or otherwise put the Public Place, Right of Way or Street in a safe and usable condition when a Permit has been canceled, a stop work order issued or a red tag posted shall be undertaken pursuant to a force account and the costs of such work shall be paid to the City by the Permittee. C. Action taken under this Section shall not constitute a bar to criminal proceedings provided for in this Chapter or otherwise permitted by the Code. 7-15.002.5 Standard Conditions. The following conditions shall be deemed a part of each Permit issued pursuant to this Chapter: A. All work performed under the Permit shall be in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. B. All work under the Permit shall be performed by a contractor who posses a current Class A General Engineering Contractor's license in the State of California. C. The State Standard Specifications or other specifications as specified by the Engineer 12 00005'7 shall apply to all permits in the absence of specific City standards; D. By accepting the Permit, the Permittee agrees to be bound by all the terms and conditions set forth in the Permit and in this Chapter. E. Blanket Permits, renewable annually, may be issued to any city, utility district or mutual water , public utility or metropolitan water distriet, subject to compliance with all applicable provisions of this Chapter or of the Permit. The Engineer may revoke any such Blanket Permit if the Permittee fails to comply with any of the provisions of this Chapter or the Permit. The issuance of a Blanket Permit does not relieve the Permittee from making such reports of activity under the Blanket Permit as may be required by the Engineer or of the requirements for paying for inspection, repairs and other costs incurred by the Department due to the Permittee's activity under the Blanket Permit. Blanket Permits for Excavations shall be limited to utility trenches not exceeding two (2) feet in width, dug at a right angle to the centerline of the road, or an Excavation not exceeding thirty (30) square feet in area. No road may be closed when using the maximum length option. Two-way traffic shall be maintained at all times. F. Permits issued under the authority of this Chapter shall be non-transferable. G. Work performed without Permit; removal of work which poses a threat to the health, safety, or general welfare of the public. 1 . Failure to obtain a Permit for an encroachment, as required by this Chapter, shall constitute a violation of this Chapter and subject a Person performing such work to all penalties hereof. 2. Whenever an Encroachment has been installed without a Permit as required by this Chapter and that work poses a threat to the health, 'safety and general welfare of the public, the Engineer may, at the Permittee's or owner's sole expense, remove the Encroachment. Whenever an Encroachment has been installed with a Permit as required by this Chapter and that Encroachment does not conform to the design and specification approved by the Permit, and that Encroachment poses a threat to the health, safety and general welfare of the public, the Engineer may, at the Permittee's or owner's sole expense, remove the Encroachment. H. The Permittee shall make the Permit available for inspection by the Engineer or his representative or by any peace officer or other person having responsibility for safety or maintenance of the Public, Public Place, Right of Way or Street. I. During the progress of the work, the Permittee shall maintain a sign at such work site 13 000058 bearing the name, address, telephone number of the Permittee and a twenty-four (24) hour emergency telephone number where assistance may be obtained throughout the duration of the work Permitted. This section shall not be applicable to utilities doing their own maintenance, repairs or installation by their own employees., However, if a utility uses an outside contractor to do such work, the contractor must post a sign in accordance with this section. J. All obligations, responsibilities and other requirements of the Permittee as described in this Chapter shall be binding on subsequent owners of the Encroachment. 7-15.003 WORK REQUIREMENTS - SAFETY, INSPECTION, AND LIABILITY 7-15.003.1 Safety devices, lights and barricades. In the conduct of the Encroachment Work, supplies and excavated material shall be properly placedandthe Permittee shall provide and maintain such safety devices including, but not limited to, lights, barricades, signs, flags and watchmen, as are necessary to protect the Public and as approved by the Engineer or his designee. Any omission on the part of the Engineer to specify in the Permit what safety devices shall be provided by, or preventative action required of, the Permittee shall not excuse the Permittee from complying with all laws, regulations and ordinances relating to the protection of Persons or property under the circumstances. If the Engineer finds that suitable safeguards are not being provided, he may, immediately and without notice, maintain and relocate such safety devices or take such action as is deemed necessary, charging the Permittee in accordance with the schedule of charges as adopted by the City Council. 7-15.003.2 Warning lights. A Permittee making any Excavation or leaving any obstruction which could be a hazard to persons using a Public Place, Right of Way or Street shall provide and maintain warning lights far enough away from the Excavation or obstruction to give adequate warning to such persons, and at not less than fifty-foot intervals along the Excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise the next day, until the work is completed and the Public Place, Right of Way or Street is made safe for use. 7-15.003.3 Safety device standards. All safety devices and construction practices shall conform to the requirements of the normal of Traffic Controls for Construction and Maintenance Work Zones issued by the California Department of Transportation and the California Vehicle Code, so far as such manuals and codes are applicable. 14 000059 7-15.003.4 Inspections as required in Permit. During the progress of the work and upon completion, the Permittee; shall call for City inspections at the times required by the Permit under which the work is undertaken. The Engineer may revoke a Permit upon the failure of the Permittee to call for inspections as required by the Permit and may require supplemental tests if the City inspector is not notified at the proper times. 7-15.003.5 Inspector on job. If in the sole judgment of the Engineer it appears desirable to maintain an inspector to determine whether work is being done in compliance with the Permit,', the Engineer shall assign an inspector and the Permittee shall reimburse the City for the cost of said inspector in accordance with the schedule of charges as adopted by the City Council as that schedule of fees may be amended from time to time. 7-15.003.6 Inspection not to be obstructed. No Person shall obstruct the Engineer or his designee from making any inspection authorized by this Chapter or in taking any sample or in making any test, or attempt to mislead or falsify the work or make misleading statements regarding the work being donellsubject to a Permit • authorized by this Chapter. 7-15.003.7 Permittee liability. The Permittee shall investigate and be aware of all existing facilities lawfully within the Public Place, Right of Way or Street which are within the boundaries of his permitted activity. The Permittee shall not interfere with any existing Public or private facility without the consent of the City in the case of a Public facility or the owner of a private facility. If it becomes necessary to relocate an existing facility, relocation shall be done by Permittee under City direction, at Permittee's cost, if the facility is a Public one, or by the owner or the Permittee to the satisfaction of the owner if the facility is private. The cost of moving any facility shall be borne by the Permittee unless he makes other arrangements with the City or private owner of the facility, as the case may be, or unless the owner of a private facility is required by his franchise or agreement to move his facility without cost. 7-15.003.8 Protection and repair of facilities and adjoining property.; The Permittee shall support and protect all Landscaping, trees and other facilities, including but not limited to structures, wires, cables, pipes, conduits, poles, and other apparatus, both aerial and underground. If such Landscaping, trees or facilities are (1) on adjoining private property the method of protection shall be one satisfactory to the owner of such improvements and the Engineer, and (2) on a Public Place, flight of Way 15 00006+0 or Street the method of protection shall be one satisfactory to the Engineer. The owner of private property has the right to support or protect any of its facilities at the sole expense of the Permittee. In case any of the Landscaping, trees or other facilities (public or private) should be damaged, they may be repaired by the private owner or the City at the expense of the Permittee or, if authorized by the owner or the City, as the case may be, may be repaired by the Permittee under the supervision of the owner or the City, as the case may be. All expense of repairs to any damaged facilities shall be borne by the Permittee. In meeting the conditions of this Section 715.003.8, the Permittee or any other Person shall comply with all provisions of the City's Tree Ordinance, as amended from time to time. 7-15.003.9 Interference with utility. No Permittee shall interfere in any manner whatsoever with any property, any public utility otherwise governed by City, State or Federal statute, any fac�ned, bythe Atascadero wiutual Water Company, or with any tree which is governed by the Tree Removal and Tree Relocation Ordinance (Municipal Codes 7-15.003.10 Aids to visibility. When the location or position of an Encroachment impairs visibility to vehicular traffic, the Engineer may require that the Encroachment be painted or equipped with reflectors . or other aids to visibility prescribed or authorized by the Public Utilities Commission of the State, or the Engineer may require the Encroachment to be relocated at the sole expense of the Permittee. No Encroachment shall be maintained across any sidewalk area or shoulder of a Street. No Encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic. 7-15.003.11 Liability insurance. The Permittee shall maintain adequate public liability insurance, including, but not limited to motor vehicle insurance, to protect him and the City from any claims for damages for personal injury, including death, and for damage to property, which may arise from the Encroachment Work or other operations under the Permit, whether such Encroachment Work or other operations is done by the Applicant or by any agent or anyone directly or indirectly employed by him or his agent. The City shall be named as an additional insured and the policy shall be issued by a company authorized to do business in the State. The amount of insurance shall be as prescribed by the City by a resolution adopted by the City Council. In the absence of such a resolution, the minimum liability shall be determined by the Engineer. This section shall not apply to any work done by utility companies qt$ by their own employees. However, if a utility company orYthAcaderoVlttualater 16 000061 Cornpanuses an outside contractor to perform any work, the contractor must maintain adequate insurance in accordance with this section or the utility company must provide evidence that its own insurance policy cover the contractor and the City. 7-15.004 REQUIREMENTS - PERFORMANCE OF WORK 7-15.004.1 Proof of right to use street. Every Permit issued under this Chapter for activity or work in, along, on, over, across or under the Street shall be granted subject to the right of the City or any other Person entitled thereto, to use that part of such Public Place, Right of Way or Street for any purpose for which such Public Place, Right of Way or Street may lawfully be used. Proof of the Applicant's right to use the Public Place, Right of Way or Street for the purposes set forth in the application shall be filed with the Engineer. 7-15.004.2 Design to accommodate drainage required by City. Each application for a Permit shall include, and each Permit issued pursuant to this Chapter shall, as appropriate, require, a design which shall: A. Accommodate a 25 year design storm B. Control erosion and sedimentation C. Preclude safety hazards, including but not limited to design for appropriate construction along and adjacent to the proposed project to preclude safety hazards; provided, however, the Engineer shall have the discretion to permit variations to the design of the project for which a Permit is to be issued as site conditions warrant. 7-15.004.3 Work specifications. All work, including that following revisions or that built according to the plans and specifications referred to in the Permit, shall be performed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings and, in addition, to any special requirements or specifications which are made a part of the Permit. In case of conflict between two specifications, the stricter specification shall apply. 7-15.004.4 Work in accordance with plans. All work shall be performed in accordance with the plans approved by the Engineer, as they may be amended from time to time. No work which is not consistent with the 17 000062 approved plans shall be approved upon final or intermediate inspection. All plans submitted as a part of the application for a Permit pursuant to this Chapter shall be signed by a California Registered Civil Engineer and any changes made to said plans must be signed by the design engineer prior to submittal to the City for final approval. 7-15.004.5 Prompt completion of work/notice. A. After work is commenced, the Permittee shall prosecute with diligence all work covered by the Permit. The Permittee shall promptly complete such work and restore the site to satisfactory condition so as not to obstruct the Public Place, Right of Way or Street or private property or Public travel more than is reasonably necessary. B. If the work subject to a Permit pursuant to this Chapter is not completed in a reasonable and diligent manner the Department shall notify the Permittee to complete the same within a specified period of time. If the work is not completed within that time, the Department shall have full power to do the work or may contract for the performance of the work and the reasonable cost thereof, including administrative expense, shall be deducted from the deposit or other security made by the Permittee. If the Permittee has no deposit or other security, the Permittee will pay the City directly for the work performed. 7-15.004.6 Noise dust and debris. Each Permittee shall conduct and carry out Encroachment Work in such a manner as to avoid unnecessary inconvenience and annoyance to the Public and occupants of neighboring property. In the performance or the work, the Permittee shall take appropriate measures to reduce, to the fullest possible extent, noise, dust and unsightly debris. The Permittee shall be liable and shall hold City harmless from any liability or damages occurring to Persons or public or private property, real or personal, by reason of work done by the Permittee pursuant to a Permit issued pursuant to this Chapter. 7-15.004.7 Changes. No changes may be made in the location, dimensions, character or duration of the Encroachment or use as granted by the Permit except upon authorization by the Engineer. The Permittee seeking changes to the design or specifications of the work Permitted shall submit his request for the change, in writing, signed by his design engineer. 7-15.004.8 Restoration of Right of Way and/or Street. Upon completion of the Encroachment Work authorized by a Permit, the Permittee 18 000063 shall restore the Right of Way or Street, including bridges and any other structure thereon, by replacing, repairing or rebuilding it in accordance with the specifications or any special requirement included in the Permit, but not less than to its original condition before the Encroachment Work was commenced and in all cases in good riding quality. The Permittee shall remove all obstructions, materials and debris upon the Right of Way and Street, and shal I do any other work necessary to restore the Right of Way and Street to a safe and usable condition, as directed by the Engineer. Where Excavation occurs within areas already paved, the Engineer may require temporary paving to be installed within four (4) hours after the Excavation area is backfilled. In the event that the Permittee fails to act promptly to restore the Right of Way and/or Street as provided in this section, or should the nature of any damage to the Right of Way or Street require restoration before the Permittee can be notified or can respond to notification, the Engineer may, at his option, make the necessary restorations and the Permittee shall reimburse the City in accordance with the schedule of charges as adopted by the City Council. 7-15.004.9 Base and Pavement thickness. Unless otherwise determined by the Engineer, where the Pavement or surface has been removed, the Permittee shall replace it to a thickness of no less than throe (3) inches or match the surrounding Pavement thickness, whichever is greater or surface, and in • no event, to a thickness less than that set forth in the approved plans filed for the Permit; the base course removed shall be replaced to a thickness of two (2) inches greater than that of the surrounding base course. Class two (2) base backfill shall be used in any case where a trench width is less than twenty-four (24) inches or the total depth of the excavation is less than two (2) feet. 7-15.004.10 Seal or slurry. When a Street surface has been treated with a seal or slurry prior to work under Permit, the seal and/or slurry shall be replaced upon the portion repaired, unless otherwise determined by the Engineer. 7-15.004.11 Encroachment removal without replacement. When an existing Encroachment is removed and not replaced, the entire Encroachment shall be removed from the Public Place, or Right of Way or Street and any disturbed surface or hole left after the removal shall be backfilled, compacted and restored to good or better condition, with a ridable surface where appropriate, unless the Engineer permits otherwise. 7-15.004.12 Road closure or interference with street use. . All Encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the Public or unreasonably interfere with, or cause inconvenience to, the occupants of adjoining property. At no time 19 000064 shall a Street be temporarily closed or the use thereof be denied to the Public, except by . permission of the City Council or in the event the Council is unable to act in the time required by law, by the Engineer or his designee. 7-15.004.13 Records of installations. Every Person owning, using, controlling or having an interest in any pipe, conduit, duct, tunnel, or other such similar structure under the surface of any Right of Way or Street for supplying or conveying gas, electricity, communication facilities, waters, steam, ammonia or oil, or for any other purpose, shall file in the office of the Engineer within sixty (60) days after the complete installation, a corrected set of maps or atlas sheets drawn to a scale of not more than one (1) inch to fifty (50) feet showing the complete installation of all such substructures. The same is required on a map showing the location in detail of such substructures when such are abandoned. Maps and atlas sheets submitted periodically by public utilities shall cover the intent of this Section with respect to the public utility which has maps on file in the City. The Atascader©`Mutual Water Company is exempt;from the requirements of this section.: 7-15.004.14 Notice before commencing work. A. Before commencing any Encroachment Work authorized by any Permit issued pursuant to this Chapter, the Permittee shall notify the underground service alert ("USA")--- -- the City police and"the Engineer of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work. B. Before commencing any Encroachment Work authorized by any Permit issued pursuant to this Chapter, where adjoining or abutting private property has access to the Public Place, Right of Way or Street within one hundred (100) linear feet of the Encroachment Work, the Permittee may be required to give written notice at least forty-eight (48) hours prior to commencing any work to the property owner(s) and occupant(s) of the dates and times of the Encroachment Work and shall post a notice of such impending work in no less than one (1) conspicuous place on either side of the impending work at least forty-eight (48) hours prior to commencing such work. Such written notice and posted notice shall include the telephone number of the Permittee and his agent who will perform the work. 7-15.004.15 Relocation of facilities. Unless specified by the Engineer, the Permittee shall make proper arrangements for, and bear the cost of, the relocation of any structure, publicly or privately owned facility, tree, or Landscaping, where such relocation is made necessary by the proposed work for which a Permit is issued. The Engineer may elect to do the necessary relocation at the Permittee's expense. The Engineer shall require the Permittee to obtain a Tree Removal Permit or Tree Relocation Permit pursuant to §_ . of the Municipal Code prior to, or simultaneously with the issuance of the Encroachment Permit where the proposed work includes or affects a tree 20 000065 governed by said Code. 7-15.004.16 Relocation where right-of-way improved. Any Encroachment lying in the Right of Way, Street or on a Public Place shall be removed or relocated upon notice from the Engineer that the City is undertaking improvements in the area which necessitate the removal or relocation. Said notice shall specify the time within which the Encroachment shall be removed or relocated and the location where the Encroachment may be replaced if it is to be relocated. If such City improvements require relocation or removal of an Encroachment, the Permittee or Person who installed such Encroachment shall relocate or remove the Encroachment at his sole expense, except as provided by State statute. TheAtascadero Ivlutua) Water Company is exempt fromthe6requT�remert� of thesection If the Permittee fails to comply with the requirements set forth in the notice from the Engineer, the City may relocate the Encroachment at the expense of the Permittee in accordance with the schedule of charges as adopted by the City Council. In determining what is a reasonable time under this section, the Engineer shall take into consideration the nature of the Encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property to the owner, and other facts peculiar to the particular situation. The provisions of this Section apply to all Permittees, including public agencies and public utilities having authority to occupy City Rights of Way pursuant to a franchise or an express provision of the California Code. However, this Section shall not apply to public agencies and public utilities if such improvement is required due to the construction of a State freeway. 7-15.004.17 Encroachment not a hazard. The Engineer may require that evidence be submitted with the application to satisfy him that the proposed Encroachment will not create a hazard of any kind. 7-15.004.18 Defective work and defects appearing after completion. A. In case any part of a Public Place, Right of Way or Street should not be restored to the conditions required by this Chapter or the Permit or should develop defects after the completion of the work permitted hereby, for any reason other than natural wear of the surface, the Permittee shall immediately proceed to repairand restore the Encroachment upon written notice from the Engineer. The repair and restoration shall be to the satisfaction of the Engineer. The fact that the original work was subject to the inspection of, inspected by, or under the authority of, the Engineer as provided for in this Chapter shall not excuse the Permittee from its duty and obligation imposed by this Section. B. When the work was doner pu suant to an exception permitted by this Chapter, the written notice shall be sent to the Person who actually installed the Encroachment and 21 000066 it shall be the responsibility of such Person to make the repair and restoration. C. In case the Pavement is not completely restored within the time limits set forth in the Engineer's notice to the responsible Person or Permittee, the City may do the work at the expense of the delinquent Person or Permittee and shall bill such Person or Permittee. 7-15.005 REQUIREMENTS - FEES AND COSTS 7-15.005.1 Issuance fee and other costs. All applicants, except as otherwise provided in this Chapter, shall pay an issuance fee and all other costs and charges as established for the work permitted pursuant to this Chapter. 7-15.005.2 Deposit of fees. Issuance fees and charges for repairs, inspection, or engineering collected under the provisions of this Chapter shall be deposited in the respective funds from which the corresponding disbursements were made. 7-15.005.3 Exemptions and waivers of fees. A. The followingshall be exempt from paying all fees: the United States the State and all P PY g , departments of the City, the Atascadero Mutual Water Company„ Ou ide contractors �_... ,...a perFormmg work for the Ataseadero Mufual Water Company^shall not be pty the:payme't of fees: B. The Engineer may grant a Permit without an issuance fee if he finds that the work to be done has been requested by the City in connection with proposed public works. C. If the Engineer determines that the waiver of any part of the fees is necessary to promote the safety of the Public or its general welfare he may waive all fees and deposits. D. In cases where the fee is waived, the Permittee shall be liable for the Actual Costs of any work required to be done by the Department in restoring the Public Place, Right of Way or Street to be in as good a condition as before any such work was commenced. Furthermore, the Engineer may, in the future, require the delinquent deposit from any such Permittee if a bill rendered in accordance with this Chapter becomes delinquent. 7-15.005.4 Permit copy fee. The fee for each true co of a Permit to the Permittee shall be twenty-five cents per page. copy Y p p g 22 00006'7 7-15.005.5 Schedule of Fees The schedule of fees or charges will be those recommended by the Engineer and adopted by the resolution of the City Council amended from time to time. Where work for which a Permit required by this Chapter is started or proceeded with, prior to obtaining the Permit, the specified fees shall be doubled, but the payment of such doubled fee shall not relieve any persons from fully complying with the requirements of this Chapter in the execution of the work nor from any other penalties prescribed in this Chapter. 7-15.005.6 Permittee to pay for all costs. The Permittee is liable for and shall pay for all the Engineer's departmental costs related to the Permit over and above the Permit issuance fee and including, but not limited to, the following: A. The Permit issuance fee if that has not otherwise been paid; B. Engineering, which includes design, inspection, survey, and tests; ' C. The cost of any inspection, transportation, or test made; D. The cost of repairing or restoring the Public Place, Right of Way or Street and all . appurtenant facilities to the same or equal condition that they were before being cut or damaged as a result of the Permittee's activities; E. The cost of furnishing and/or maintaining any lights, barricades or warning devices; F. The cost of alteration, removal, replacement, and/or repair to traffic signals and devices, the removal and replacement of temporary and/or permanent traffic stripes and any other expense for traffic control; G. The cost of removing or remedying any hazardous condition; H. The cost of tree-trimming; I. Any other cost to the City caused by the Permittee's activity. 7-15.005.7 Costs to be Actual Costs. Except as otherwise provided herein, whenever in the provisions of this Chapter, any costs are to be charged to the Permittee and no other method for the calculation of such costs is specified, such costs shall be the Actual Costs including overhead and depreciation in accordance with current practice in charging for work performed for the Public and as defined in the Encroachment fee resolution as adopted by the City Council. 7-15.005.8 No fee when inspected by governmental agency. 23 000068 The Engineer may issue a Permit without any inspection fee or deposit for work which will be inspected by a qualified governmental agency which will furnish evidence to the City to the effect that the work will be inspected and will comply with the minimum standards required by the City. 7-15.005.9 Engineer inspection. If any Applicant receives a Permit pursuant to the provisions of this Chapter and a governmental agency fails to make the inspection or fails to file evidence as required by this Chapter, the Engineer may inspect the work and the Permittee shall pay the Actual Cost of such inspection to the City. 7-15.005.10 Deposit required. Unless exempted from this Chapter by law or by the Engineer, before obtaining a Permit each Applicant shall deposit with the Department a deposit which may be in the sole discretion of the City either cash, a certified or cashier's check, a certificate of deposit pledged to the City, a letter of credit or a surety bond, in a form and for a term satisfactory to the City Attorney in a sum equal to one hundred and fifty percent (150%) of the Actual Cost of the work which would be required to restore the Public Place, Right of Way or Street to its original condition, or for correcting any condition occasioned by, or arising out of, any failure i of the Permittee to comply with any and all conditions of the Permit. Where the size and nature of the project warrant, the Engineer may require the additional deposit of One Thousand Dollars ($1,000) to indemnify and reimburse the City for work done by, or for, the City in correcting traffic hazards, unsafe conditions and any emergency condition occasioned by, or arising out of, the doing of any work under any Permit issued to the Permittee. This section shall not apply to any work done by utility companies or.=bythe£Atascadero Mutuat Water:CompanyEby their own employees. However, if a utility company or,theAtascadero Nlutua! Water Campany;uses an outside contractor to perform any work, the contractor or the utility company must file a deposit in accordance with this Section. 7-15.005.11 Cash deposit. A deposit may be in the form of a special deposit to be maintained as security for a specific Permit issued to the Applicant or may be in the form of a general deposit to be maintained as a security for all of the Permits issued to an Applicant. If an Applicant maintains a general deposit it shall be with the understanding that he will pay all bills sent him by the Engineer for work described in this Chapter. The amount of the deposit shall be sufficient to cover all costs connected with the Permits. An Applicant shall make a general deposit in an amount sufficient to cover on-going and anticipated Encroachments in the City, as determined in the sole discretion of the Engineer. 7-15.005.12 Return of deposit. 24 000069 A. Any deposit required by the Engineer pursuant to this Chapter shall be payable to the City and filed or deposited with the Engineer prior to issuance'of a Permit. Deposits returned to the Applicant shall be less any costs authorized to be deducted pursuant to this Chapter. B. Thirty (30) days after the satisfactory completion of all authorized work and fulfillment of all conditions of the Permit, the Engineer may release up to ninety percent (90%) of any deposit made pursuant to this Chapter, upon application of the Permittee if in the discretion of the Engineer the Applicant has completed the worksubject to Permit hereunder in a manner which is consistent with the Permit and to the satisfaction of the Engineer. For any deposit so returned, the Engineer shall release the balance of said deposit to the Permittee prior to the expiration of a twenty-four (24) month period from the date of completion of work covered by such Permit. C. For Permits where the actual cost of work to the Permittee is Twenty-five Thousand Dollars ($25,000) or greater, the Permittee may establish with the Engineer, in the Engineer's sole discretion, a schedule of incremental milestones at each of which a partial release of the Permittee's deposit, as specified in such schedule, may be released by the Engineer if all work done in that increment and prior increments has met the conditions of the Permit to the satisfaction of the Engineer!: D. The foregoing notwithstanding, the City may retain each deposit made for an Encroachment Permit, in whole or in part, in such amounts and for such period of time as is deemed necessary in the discretion of the Engineer to assure satisfactory completion of the work governed by a Permit granted pursuant to this Chapter. 7-15.005.13 Certificate of deposit. The Engineer may accept a certificate of deposit, in lieu of cash, made payable to order of the City to cover any deposit required by this Chapter. 7-15.005.14 Additional securities. The Engineer may require any type of security that has, in his opinion, become insufficient for protection of the Public interest, to be increased to such an amount as he has determined will be sufficient to protect the Public interest. 7-15.005.15 Acceptance of negotiable paper. The Engineer may, in his sole discretion, accept negotiable paper in payment of any Permit Fee (including engineering and inspection fees), deposit or other payment required by this Chapter. 7-15.005.16 .Expiration date of security. y 25 0000'70 No security or other form of indemnification is acceptable which bears an expiration date other than that determined by the City, but in no case shall such indemnification have an expiration date earlier than twenty-four (24) months from the date of completion of the Encroachment. 7-15.005.17 Deposit-General If the Permittee maintains a general deposit with the City for the purposes of paying incidental fees due under the Permit or any other fees which the Permittee may owe the City, the Engineer shall bill the Permittee monthly for all fees and costs chargeable under this Chapter and may deduct said amounts from the general deposit so maintained with the City. When amounts are deducted from a deposit, the Permittee must restore the deposit to its original amount within fifteen (15) days. 7-15.005.18 Deposit-Special. In the event that an Applicant maintains no account with the City, all fees and costs shall be payable on demand as hereinafter provided prior to issuance of the Permit, or if such fees or costs arise after issuance of the Permit, they shall be paid prior to the next inspection required pursuant to the Permit issued hereunder. The Engineer shall bill for such fees and costs on a monthly basis. If, within thirty (30) days after a bill has been sent, the Permittee does not pay the same in full, the Engineer shall cancel the Permit if he is unable to recover the amount due from any security the Permittee has filed pursuant to this Chapter. If the deposit or security is insufficient to pay the amount due, the City may enforce collection by any and legal means available to it. 7-15.005.19 Monthly billing of issuance fee. At the request of a Permittee who maintains with the Engineer adequate security as provided in this Chapter and to whom ten (10) or more Permits have been issued monthly, for three (3) consecutive months, the Engineer may waive the requirement covering prepayment of the issuance fees and bill the Permittee for issuance fees covering Permits issued subsequent to such request. The Engineer may revoke such waiver at any time. 7-15.005.20 Permits not issued if bill unpaid. The Engineer may elect not to issue further Permits to the Permittee and may hold any security provided by the Permittee as long as any bill remains unpaid. 7-15.005.21 Issuance fee refunded. An issuance fee may be refunded when a Permit has been issued as the result of an error not made by the Permittee. 7-15.005.22 Inspection fee refunded. 26 0000'71, All other provisions of this Chapter notwithstanding, fees deposited for,any Permit issued pursuant to this Chapter may be refunded in whole or in part if such fees were erroneously collected or if the work was not constructed by the Permittee and no inspection requests were made. 7-15.005.23 Plan check fee refunded. If other refunds are in order, the plan check fee may be refunded also, provided that the plan check has not been made, or has been erroneously made, by the City. 7-15. 006. CONSTRUCTION PERMITS 7-15 .006.1 Provisions for construction Permits. The provisions of this Chapter apply to Permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, street surfaces, retaining walls, storm drains, culverts, street light or lighting system, or other appurtenant structures not included in any approved subdivision or parcel map or development permit (construction Work"). 7-15.006.2 Plans may be required. If in the opinion of the Engineer the Construction Work proposed to be done requires the making of plans or the setting of stakes, or both, the Engineer may require the application be accompanied by the necessary plans, which plans shall be prepared by a competent engineer to the satisfaction of the Engineer. 7-15.006.3 Certificate of acceptance. If the Engineer by survey or by inspection or by both ascertains that the Construction Work has been completed according to the requirements of the Permit issued therefor, and of all the provisions of this Chapter, he shall, if requested to do so by the Permittee,, issue a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the Permit. 7-15.007 ADDITIONAL REQUIREMENTS. 7-15.007.1 Cleanup. As the work progresses, all Public Places, Rights of Way and Streets where an Encroachment is permitted shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris. All cleanup operations at the location shall be done on a daily basis and be accomplished at the expense of the Permittee. From time to time as may be ordered by the Engineer, and in any event immediately after completion of the work, the Permittee shall clean up and remove all materials, earth and debris of any kind. If the Permittee fails within twenty-four (24) hours 27 000072 after having been notified to do so by the Engineer or his designee, the work may be done by the Department and the Permittee charged in accordance with the schedule of charges adopted by the City Council. When a pole, guy-stub or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted. 7-15.007.2 Agreement to relocate. Every application shall contain a statement, signed by the Applicant, that if any obstruction placed in the area for which an Encroachment Permit is issued interferes with the future use of the Public Place, Right of Way or Street by the Public, then the Applicant or his successors or assigns will at his own or his successors' or assigns' expense remove or relocate such obstruction to a location satisfactory to the Engrneer. The stem tientgned VAIe Applrcnt uuill{not apply inFcasesitihenthe Applicant has aneaserent superior fQhePublr use4tth time,of appl�catron and can furnish evidence, when required, of such superior easement, Utilities operating under franchises granted by the City shall relocate their facilities in accordance with the terms of such franchise. 7-15.008 LANDSCAPING 7-15.008.1 Requirements for planting. The Applicant for a Permit to plant Landscaping in a Public Place, Right of Way or Street shall show in his application by sketch the proposed location and the kind of plants. No change shall be made in either the location or kind of Landscaping without amending the Permit. After planted and maintained for the term required in the Permit, Landscaping on a Public Place, Right of Way or Street shall become the property of the City. Any Permittee wishing to work on, remove or replace any tree shall comply with, and obtaining a Tree Planting or Tree Removal Permit as required by the Municipal Code §_ et sec. 7-15.008.2 Denial of planting permit. The City may refuse to issue a Permit authorizing Landscaping on a Public Place, Right of Way or Street when the location and/or the nature of the planting will be deleterious to the Public, will reduce sight distance, will unduly disturb the Public Street, Right of Way or Street, will pose a threat to the general health, safety and welfare of the motoring or pedestrian Public, or will in any way impede construction or maintenance of facilities. 7-15.008.3 Sight distance. No Landscaping or fence or other structure shall be planted, erected or maintained on a Public Place, Right of Way or Street without a Permit, or in such manner which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic. 7-15.008.4 Plantings neat and orderly. 28 0000'73 The Permittee shall maintain Landscaping and fences or similar structures in a neat and orderly condition for so long as is required by the Permit. If the Encroachment is not so maintained, the Engineer may direct the Permittee to remove the Encroachment and restore the Public Place, Right of Way or Street to its former condition at the expense of the Permittee. 7-15.009 APPEAL AND VIOLATION 7-15.009.1 Provision for appeal. Any Person aggrieved by the refusal or revocation of a Permit may appeal to the City Council within thirty (30) days after the date of such action. The appeal shall be in the form of a written notice filed with the City Clerk and signed by the Applicant and shall be accompanied by the appeal fee as set forth in,§ of the Code. The notice shall have attached a copy of the application as filed with the Engineer, shall list and provide copies of all other items as have been filed, and shall state clearly and concisely the grounds upon which the Applicant relies in his appeal. 7-15.009.2 Time of hearing. Upon acceptance of an appeal filed pursuant to this Chapter, the City Clerk shall set the matter for hearing and shall notify the Applicant and the Engineer of the date and time. 7-15.009.3 City Council action. At the hearing of an appeal authorized by this Chapter, the Applicant shall establish to the satisfaction of the City Council that he is entitled to issuance of a Permit under this Chapter or to reinstatement of a Permit previously revoked or the appeal shall be denied. The Engineer may present his grounds for denial or revocation of the permit. The decision of the City Council is final. 7-15.009.4 Violation. Every Person who performs any work regulated by this Chapter, either without first obtaining a Permit therefor or having a valid Permit, fails or refuses to comply with any applicable provisions of this Chapter or with any condition of the Permit or performs work contrary to any of the general or special requirements or specifications of the Permit is deemed in violation of this Chapter. Each and every day in which there is a violation constitutes a separate offense. Violation of this Chapter is a misdemeanor. 7-15.010 PENALTIES A. Penalties for violation at on of this Chapter 7, Title 7 of this Code shall:be as set forth in Chapter 3, Title I of this Code." 29 0000'74 B A resolution establishing fees shall be brought to the City Council for adoption before this Ordinance takes effect. III. EXECUTION AND CERTIFICATION OF THIS ORDINANCE. The Mayor is authorized to execute this Ordinance on behalf of the City and the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this _day of , 19—. RAY JOHNSON, MAYOR ATTEST: MARCIA M. TORGERSON, CITY CLERK APPROVED AS TO FORM: ROY HAN LEY INTERIM CITY ATTORNEY 30 0000'75 STATE OF-CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss. CITY OF ATASCADERO ) I, Marcia M. Torgerson, City Clerk of the City of Atascadero, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1997. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1997, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARCIA M. TORGERSON, CITY CLERK 31 000076 ATTACHMENT B The Gas Compa"�'- ENCROACHMENT ORDINANCE REPORT TO CITY COUNCIL JULY 22, 1997 April 24, 1997 City of Atascadero Department of Public Works Southern California 6500 Palma Avenue Gas Company Atascadero, California 93422 Asa Industrial w,,, Sart Luis Obispo,(. n+*P.,tio??: T,Tr. John T?.'�?il Assistant City Engineer 9390/-7609 Dear Mr.Neil: RE: Draft Encroachment Ordinance Thank you for the opportunity to review the City of Atascadero draft Encroachment Ordinance. I find the proposal, with the following recommended alteration, to be completely acceptable and extremely comprehensive. It is obvious you have put a lot of thought and research into this document and would like to commend you on this effoi-t. One change that would allow us, as a public utility, the flexibility to conduct our routine maintenance and basic service installation activities with our valued customers of the City in a manner consistent with our past record is: 7-15.004.14 Notice before commencing work- part B. Change the wording in the forth line of the section from "the Permittee shall give written notice..... "to"the Permittee may be required to give written notice......" This change will allow conditions to be placed on the Permittee by the City at the time of issuance of a permit with considerations toward the scope of a project, previous history wih Permittee. etc. Again, let me thank you for allowing us the opportunity to review this proposal. If 1 can be of any assistance to you in the future, please call meat(805)781-2424. Sincerely, y J�l Ronald P. Stewart District Operations Manager Od L,� P�pt;cr°ai,-<<s ; 0000'x'7 ATTACHMENT C ENCROACHMENT ORDINANCE rREPORT TO CITY COUNCIL JULY 22, 1997 5005 EL CAMINO REAL • P.O. BOX 6075 • ATASCADERO, CA 93423 • (805)466-2428 ATASCADERO MUTUAL WATER COMPANY ESTABLISHED 1913 April 25, 1997 North Coast Engineering, Inc. E5T 725 Creston Road, Suite B Paso Robles, Ca. 93446 Attn: John Neal Subject: Proposed City of Atascadero Encroachment Ordinance Dear John, Atascadero Mutual Water Company (AMWC) and the City of Atascadero share many common interests that require close cooperation and coordination. Our history has been one of cooperation that has benefited the community as a whole. We applaud your effort to set standards that would contribute to the health, safety, and welfare of our community. Toward this end we would encourage progress and offer to assist and participate in this process. It appears that your specific Ordinance is an exact duplicate of the Ordinance proposed by the City in 1991. As your records may indicate, AMWC had several meetings with then City Manager Ray Windsor and Public Works Director Greg Luke. One of the conclusions of those meetings was that the relationship between AMWC and the City of Atascadero relative to a proposed Encroachment Ordinance was unique because of the "superior easement" that AMWC enjoys. This "superior easement" was established by E.G. Lewis, is supported by California case law, and is recognized by the County of San Luis Obispo, Cal Trans, and in the past by the City of Atascadero. The authority for the proposed Ordinance relative to AMWC is put into doubt because of AMWC's "superior easement". From June 1991 until December 1991, the City and AMWC worked together to develop a "Protocol" letter or "Memo of Understanding" (MOU) that would define the relationship between AMWC and the City. The Company was to be exempt from the Ordinance except where referred to by the MOU. For some reason the City stopped work on the proposed Ordinance and the MOU some time after December 1991. AMWC supports the health, safety, and welfare aspects of the proposed Ordinance just as we did in 1991. The Company also supports many of the details in the Ordinance iand welcomes the effort to improve standards, communication, and coordination. For these reasons we would encourage the City to continue in this direction and support the following specific goals: 0000,8 1.) Coordination of capital improvement projects. 2.) Cooperation in planning and execution of improvements. 3.) Improve traffic closure coordination. 4.) Provide'for safe traffic control. 5.) Address emergency repair provisions. 6.) Insure public involvement in some facility design and development. 7.) Define inspection of `public' improvements. 8.) Clarify construction and compaction standards. Although we support the previous goals in the proposed Ordinance, we have the same concerns about the Ordinance that we had in 1991. These concerns include but are not limited to: 1. Authority of city over AMWC in some of the areas proposed by the Ordinance. 2. Responsibility for relocating existing water facilities. 3. Issues of public liability insurance, warrantees, bonds, deposits, etc. 4. Imposition of fees. 5. There are references to exemptions for superior easements, public utilities, and governmental agencies that may have been meant to include AMWC. AMWC is neither a public utility nor is it a governmental agency and it is not clear what portions of the proposed Ordinance is intended to apply to AMWC. 6. A relocation agreement could subvert AMWC present easement rights. AMWC has been given only nine days to review and submit comments on this proposed Ordinance. This is not sufficient time for review and definitely does not provide for an exchange of ideas by staff before public hearings begin. We would suggest that the meeting on the Ordinance be delayed until some of these issues can be addressed at the staff level. We suggest that City staff and AMWC staff meet to discuss some of the issues at the soonest possible date. AMWC feels that with improved communication and a team effort, a better document can be developed. We look forward to hearing from you. Sincerely, Wk Ken Wea hers General Manager cc: Robert Grogan, City Manager 000079