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Agenda Packet 02/24/1998
ITEM NUMBER: A-1 DATE: . 2-10-98 City Manager's Agenda Report Wade G. Mc inney Memorandums of Understanding for Atascadero Sergeants Service Organization (ASSO) Atascadero Police Officers Association (APOA) Atasca ero Public Safety Technicians Organization (APSTO) for Fiscal Year 1997-98 RECOMMEND TION: Staff recommends C ty Council approve Memorandums of Understanding authorizing salaries and benefits for the abov -named employee groups through the end of this fiscal year. BACKGROUND: The Atascadero SerE eants Service Organization represents the classification of Police Sergeants and currently has five members. The Atascadero Police Officers Association represents the classification of Police Officers and currently covers twe ty-one members. The Atascadero Public Safety Technicians Organization represents the classification of Support Services Lead Tec cian and Support Services Technician. Currently there are eight full-time members. DISCUSSION: The attached Memerandums of Understanding reflect changes for the APOA, ASSO, and APSTO. The medical insurance provider had initially proposed a 5% increase to the premium rates. The bargaining units voted to decrease their medical benefit to keep the monthly premium at a minimum. This tesulted in a 1% overall increase in the medical insurance premium effective November 1, 1997. ")001}91 , ITEM NUMBER: A-2 DATE: 2-10-98 FISCAL IMPACT: Total increased costs for all these three units for the current fiscal year is approximately $1,740.00. RESPONSIBLE DEPARTMENT: Administration-City Manager Attachments: Memorandum of Understanding APOA Memorandum of Understanding- ASSO Memorandum of Understanding- APSTO `?a003J2 A.S.S.O. MOU FY1997/98 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND ATASCAbERO SERGEANTS SERVICE ORGANIZATION (POLICE SERGEANTS' BARGAINING UNIT) This Memorandum of Understanding is made and entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as "City",and the Atascadero Sergeants Service Organization, hereinafter referred to as "Association", pursuant to California Govemm nt Code Sections 3500 et seq.; City of Atascadero Municipal Code Title 2, Chapter 2, Section -2.01 through 2.2-13, inclusive; and City of Atascadero Resolution No.. 12-80, dated July 14, 980, and subsequent amendments thereto. The parties have met c ind conferred in good faith regarding employment terms and conditions for members of the Po ice Sergeants' Bargaining Unit as recognized by the City of Atascadero on July 11, 1981, and iaving reached agreement as hereinafter set forth, shall submit this Memorandum to the C ty Council with the joint recommendation that the Council resolve to adopt its terms and co iditions and take such other or additional action as may be necessary to implement its provisior s. Section 1.0 Purpose. It is the purpose, of this Memorandum of Understanding, hereinafter referred to as "MOU", to prorr ote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding reached between the parties as a result of good f aith negotiations on the matters set forth herein. Section 2.0 Full Understanding, Modifications and Waiver. This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum. Section 3.0 Salaries. 3.1 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis for comparison in future negotiations. 3.2 Movement between steps shall be at twelve month intervals and subject to satisfactory performance. 1 "13500;3.3 A.S.S.O. —MOU FY1997/98 3.3 The parties agree that future Cost of Living Allowances and health benefits for bargaining units that negotiate, shall be equal to all other,City employees. Unit employees shall receive any increases in benefits to COLA, health benefits and leave accruals in an amount at least equal to that which is received by other bargaining units. The cost of these additional benefits shall be calculated in a manner to provide accurate comparison with the other bargaining unit. Section 4.0 Health Care Benefits. 4.1 Effective July 1, 1997, the City shall pay a total of$408.53 per month toward the cost of all medical, dental, vision and life insurance benefit premiums for each unit member employee and dependents for the term of this agreement. For fiscal year 1997198 the City shall pay for increased costs to medical, dental, vision and life insurance premiums for employee and fifty percent(50%) of increased costs for dependents based upon HMO plan costs. 4.2 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, any remaining amount of the City contribution toward the premiums for the premiums coverage shall be paid to the employee as an addition to his/her regular pay. 4.3 The Medical Insurance Committee may recommend changes in the level of service and service providers to the City during the term of the agreement. For recommended changes, each recognized bargaining unit shall have authority to vote on a pro-rated basis. The ratio shall be based on the number of unit employees to the number of employees eligible for health benefits. 4.4 The City shall continue to provide a term life insurance coverage for each employee in a total amount of Twenty Thousand ($20,000) Dollars during the term of this agreement. 4.5 The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total amount of One thousand ($1,000) Dollars per dependent during the term of this agreement. 4.6 Flexible Benefits Plan. The City shall develop and make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective January, 1992. The plan will enable an employee to, on a voluntary basis, cover additional out of pocket expenses for insurance and 2 ')00004 A.S.S.O. —MOU FY1997/98 dependent care through pretax payroll dollars. Section 5.0 Retirement 5.1 The City will continue to provide the 2% @ 50 formula (Section 21252.0 of the Government Code) and to pay the employee contribution of nine (9%) percent towards the PERS. 5.2 The City agrees to request a valuation by June 1996, for Level Four(4) of the 1959 Survivor's Benefit for Sworn Safety Employees. If the increased benefit is agreed to by all sworn safety units, the employees shall pay the increased monthly cost of the benefit. Section 6.0 Education Incentive 6.1 Employees int the classification of Sergeant who possess a P.O.S.T. Advanced Certificate will receive two and one-half percent (2 %%) per month as additional pay to their base salarY. 6.2 Employees int a classification of Sergeant who possess a P.O.S.T. Supervisory . Certificate will receive two and one-half percent (2 %%)per month as additional pay to their base salart, in addition to 6.1 above. 6.3 Tuition ReimbL rsement: The City shall reimburse an employee up to$400.00 per fiscal year for ooks, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade. Section 7.0 Overtime. 7.1 Overtime shall toe compensated at the rate of time and one-half pay for hours worked in excess of 40 hours in each workweek. Paid time off shall be considered time worked for overtime compensation. Briefing time pursuant to Section 13 shall not be considered time worked for overtime calculation purposes. 7.2 Overtime work which is less than one (1) hour increment in a work shift shall be compensation for in the following manner: 1 to 15 minutes overtime compensation -0 16 to 30 minutes, overtime compensation - 1/2 hour 31 to 45 minutes, overtime compensation- 3/4 hour 3 A.S.S.O. —MOU FY1997/98 . 46 to 60 minutes, overtime compensation - 1 hour 7.4 -Any overtime increments worked over one (1) hour shall be compensated as in the above-referenced increments. Compensatory time in lieu of overtime shall be computed at a time and one-half rate of the base salary and shall be granted to employees at the mutual convenience of the Police Department and the employee and subject to the accumulation provisions as defined by City Resolution No. 12-80 dated July 14, 1980, Personnel Rules and Regulations. Employees may not accumulate and have current credit for more than sixty-four(64) hours of compensatory time off and holiday hours as provided for in Section 9.0. 7.5 It is further agreed, however, that overtime will not be paid for hours traveling, studying, or evening classes, etc., when an employee is attending an out-of-town school. 7.6 Employees called back to work for hours not contiguous to a scheduled shift shall be. compensated a minimum of two hours of overtime for each call back period. Section 8.0 Sick Leave 8.1.1 Sick'Leave Incentive Eligibility-to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave: b. The sick leave pay-off will occur during the next 12- month period (December 1 - November 30) after an employee has accumulated and maintained 48 days on the books. C. In the event one employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, is shall not count against the 48 days accumulation for eligibility to receive the incentive pay-off. 8.1.2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days), 8.1.3 The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. 8.2 An employee may use a maximum of forty (40) hours sick leave per fiscal year, for the care of dependents who are ill, injured or pregnant and who are living in the employee's household. 4 A.S.S.O. —MOU FYI 997/98 Section 9.0 Holidays. 9.1 City agrees that ssociation members shall continue to receive one (1) holiday as provided for by Gity Resolution No, 52-82 dated November 8, 1982, to be known as a "floating holiday". Said floating holiday shall be eight(8) hours per year credited on January 1st of each year and must be utilized within the calendar year. Employee may take such holida at his/her choice of time consistent with the scheduling needs of the City and subject to approval of the Chief of Police. There shall be no accumulation of floating holiday. 9.2 Martin Luther Ki g Birthday shall be recognized City Holiday for employees covered by this MOU. 9.3 Employees covered by this MOU shall be allowed to accrue holiday hours prior to required payoff. Employees may not accumulate and have a current credit of more than sixty-four(E 4) hours of holiday hours and compensatory time off as provided for in Section 7.0. Section 10.0 Probationary Period The probationar r period for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve months in then w classification. Section 11.0 Standby Compensation. 11.1 Employees may be placed on standby status by the Chief of Police. Standby duty shall not be considered as hours worked for the purpose of computing overtime. 11.2 Compensation for police sergeants on standby assignments shall be at the rate of two (2) hours straight time compensation for every four(4) hours of actual time in standby assignment, pro rates for more or less than four hours. Minimum compensation will be for one (1) hour of straight time Employees responding to work from standby shall receive a minimum of two hour pay at straight time. Employees working in excess of one hour and my minutes once called back, shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes, or two hours straight time, whichever is greater. 11.3 Employees on s andby status provide the Police Dispatcher with a telephone number where he/she cz n be reached directly; and be able to respond to the predetermined duty assignmen within twenty minutes from the time of notification. Section 12.0 Acting Duly Pay 5 A.S.S.O. —MOU FY1997/98 Employees in the classification of Police Sergeant who are assigned to work as Acting Lieutenant shall receive out of classification pay after working ten (10) cumulative shifts as Acting Lieutenant in any fiscal year. All other provisions of the Personnel Rules and Regulations regarding payment of out of classification pay remain unchanged. Section 13.0 Work Schedule 13.1 Shift employees (excluding administrative and investigative personnel) shall work consecutive hours within a work shift. A one-half (1/2) hour lunch period may be taken during-the shift if the work load permits and as authorized and scheduled by the shift supervisor. Employees shall be considered to be on-duty during the lunch period and shall answer calls as assigned. 13.2 In addition to the work schedules called for above, shift sergeants will report to work at least fifteen minutes prior to the beginning,of their shift to allow for a briefing period. Each member of the bargaining unit will receive $25.00 per pay period as compensation for time spent in shift change-over briefing. 13.3 In general, employees shall be scheduled to work consecutive days on and consecutive days off. Work schedules changes (e.g. 5/8; 4/10; 3/12; 9/80) require a 30 day notice by the City or the Association. Either party may request a change in work schedules by written notification at least thirty (30) days in advance of proposed change. Once proposed schedules are agreed to, the Police Chief will make a recommendation to the City Manager for final approval. Exceptions shall be made for: 1) Employee volunteering for special assignments or other schedules. 2) Employees needing schedule adjustments to allow for military leave. 3) Employees needing schedule adjustments to accommodate schooling. 4) Emergencies. 5) Special events. 6) Training. 6 `)G®00c8 A.S:S.O. —MOU FY1997/98 Section 14.0 Uniform Provisions. 14.1 The City shall provide an initial uniform issue for new hires and, an annual uniform allowance of Si -hundred Dollars ($600) for all eligible employees. . 14.2 The City will ma e a lump sum payment, subject to the appropriate payroll taxes annually, in July, of the uniform allowance provided for a section 14.1 above. Said payment shall b made no later than the second pay day in July. 14.3 The City shall make available to all unit employees a bullet proof vest. Vests shall be replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees alre dy owning vest shall continue to use them until repair or refurbishment becomes necessary, as determined by the Chief of Police. . 14.4 Rain boots The City shall comply with the requirements of CAUOSHA as it relates to providing rain gear including rain boots. Section 15.0 Management Rights. The authority of the City includes, but is not limited to the exclusive right to determine the standards o service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for"just cause", relieve i s employees from duty because of lack of work or for other legitimate reason; maintaiii the efficiency of governmental operations; determine the methods, staffing and per onnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emer encies; exercise complete control and discretion over its organizations and the technol gy of performing.its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage, hours and other terms of employment. Section 16.0 Peaceful Performance. 16.1 During the life..of this agreement no work stoppage, strikes, slowdowns or picketing shall be caused or sanctioned by the Atascadero Sergeants Service Organization, and no lockouts sha I be made by the City of Atascadero. 16.2 In the event that any employees covered by this agreement, individually or collectively, Violate the provisions of this article and the Atascadero Sergeants Service Organization 7 . ')o0009 A.S.S.O. —MOU FY1997/98 fails to exercise good faith in halting the work interruption, the Association and the employees involved shall be deemed in violation of this article and the City shall be entitled to seek all remedies available to it under applicable law. Section 17.0 Provisions of Law. 17.1 This MOU is subject to all current applicable federal, state and local laws, regulations . and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this MOU. 17.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. Section 18.0 Applicability of Personnel Rules and Regulations. It is agreed and understood that in all other respects as specifically enumerated by the MOU, the rules, regulations and conditions of employment of the City of Atascadero as established by Atascadero Municipal Code, Title 2, Chapter 2, inclusive, Resolution 12- 80, dated July 14, 1980, Resolution No. 31-81 dated October 12, 1981, Resolution No. 52-82 dated November 8, 1982, shall remain in full force and effect. Section 19.0 Renegotiations 19.1 If either party wants to negotiate a successor Agreement, such party shall serve written notice upon the other party between March 15th and April 15th of the final year of this MOU. 19.2 If a.party request negotiations pursuant to the above section, such party shall also* . submit initial proposals in writing for a successor Agreement no later than April 15th of the final year of this MOU. 19.3 If either party fulfills the requirements of the above sections, then negotiations shall begin no later than May 1st of the final year of this MOU. - Section 20.0 Term of Agreement 8 1)f9010110 A.S.S.O. -MOU FY1997/98 Unless specifically provided otherwise, the provisions of this MOU shall go into effect July 1, 1997, and shall remain in effect, unless modified by mutual agreement, until midnight June 0, 1998. DATE: ATASCADERO SERGEANTS SERVICE CITY OF ATASCADERO ORGANIZATION 9 A0011. A.P.O.A.—M.O.U. FY 1997/99 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND A TASCADERO POLICE OFFICERS ASSOCIATION (POLICE OFFICERS' BARGAINING UNIT) This Memorandum of Und standing is made and entered into between the Employee.Relations Officer of the City of Atascader , hereinafter referred to as "City", and the Atascadero Police Officers Association, hereinafter ref arred to.as "Association", pursuant to California Government Code Sections 3500 et seq.; City of Atas dero Municipal Code Title 2, Chapter 2, Section 2-2.01 through 2.2-13, inclusive and City of Atascadero Resolution No. 12-80, dated July 14, 1980, and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms and conditions for members of the Police Officers' Bargaining Unit as recognized by the City of Atascadero on July 11, 1981, and having reached greement as hereinafter set forth, shall submit this Memorandum to the City Council,with the joint reco mendation that the Council resolve to adopt its terms and conditions and take such other or addition I action as may be necessary to implement its provisions. Section 1.0 Purpose It is the purpose of this Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provic a for continuity of operation in employment through harmonious relations, cooperation and u iderstanding between Management and the employees covered by the provisions of this NIOU and to set forth the understanding reached between the parties as a result of good faith iegotiations on the matters set forth herein. Section 2.0 Full Understanding, Modifications and Waiver. This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with the Memorandum. Section 3.0 Salaries 3.1. Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis of comparison in future negotiations. 3.2 Newly hired employees shall normally be placed at Step A. Advanced step hiring may be approved by the Cily Manager. 3.3 Movement between steps shall be at twelve month intervals and subject to satisfactory. performance. 3.4 The parties agree that future Cost of Living Allowances and health benefits for bargaining units that negotiate, shall be equal to all other City employees. Unit employees shall receive any increases in benefits to COLA, health benefits and leave accruals in an amount at least equal to that which is received by other bargaining units. The cost of 1 '�13L3 A.P.O.A.—M.O.U. FY 1997/98 these additional benefits shall be calculated in a manner to provide accurate-comparison with the other bargaining unit. 0 Section 4.0 Health Care Benefits. 4.1 Effective July 1, 1997 the City shall pay a total of $408.53 per month toward the cost of all medical dental, life insurance and vision benefit premiums for each unit member employee and dependents for the term of this agreement. For fiscal year 1997/98 the City shall pay for increased costs to medical, dental, vision and life insurance premiums for employee and fifty percent (50%) of increased costs for dependents based upon HMO plan costs. 4.2 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, any remaining amount of the City contribution toward the premiums for coverage shall be paid to the employee as an addition to his/her regular pay. 4.3 The City shall continue to provide term life insurance coverage for each employee in a total amount of Twenty Thousand ($20,000.00) Dollars during the term of this agreement. 4.4 The City shall maintain a term life insurance policy for each eligible dependent enrolled in health coverage in a total amount of One thousand ($1,000) Dollars per dependent during the term of this agreement. 4.5 The Medical Insurance Committee may recommend changes in the level of service and service providers to the City during the term of the agreement. For.recommended changes, each recognized bargaining unit shall have authority to vote on a pro-rated basis. The ratio shall be based on the number of unit employees to the number of employees eligible for health benefits. 4.6 Flexible Benefits Plan. The City shall develop and make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective, January, 1992. The plan will enable an employee to, on a voluntary basis, cover additional out of pocket expenses for insurances and dependent care through pretax payroll dollars. Section 5.0 Retirement 5.1 The City will continue to provide the 2% @ 50 formula (Section 21252.01 of the Government Code) and to pay the employee contribution of nine (9%) percent towards the PERS. 5.2 The City agrees to request a valuation by June 1996, for Level Four (4) of the 1959 Survivor's Benefit for Sworn Safety Employees. If the increased benefit is agreed to by all sworn safety units, the employees shall pay the increased monthly cost of the benefit. Section 6.0 Education Incentive 6.1 Employees in the classification of Police Officer who possess a P.O.S.T. Intermediate Certificate will receive two and one-half percent(2 %Z%) per month as additional pay to their base salary. 6.2 Employees in the classification of Police Officer who possess a P.O.S.T. Advanced Certificate will receive two and one-half percent (2 %i%) per month as additional pay to their base salary, in4o addition to 6.1 above. 2 ')0.00 4 A.P.O.A.—M.O.U. FY 1997/98 6.3 Tuition Reimbursement: The City shall reimburse an employee up to $400.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional traini ig, providing the coursework is job-related, and the employee received a passing grade. Section 7.0 Overtime. 7.1 Overtime, except training time, shall be compensated at the rate of time and one-half pay for hours worked in excess of 40 hours in each work week. Paid time off shall be considered time worked for overtim compensation. Briefing time pursuant to Section 13 shall not be considered time worked for ovE rtime calculation purposes. 7.2 Each unit employee shall work up to 4 hours training time in a four (4) work week period at straight time pay for Department-wide training and meetings. 7.3 Overtime work which is less than a one (1) hour increment in a work shift shall be compensated for in the following anner: 1 to 15 minutes, overtime compensation - 0 16 to 30 mir utes, overtime compensation- 1/2 hour 31 to 45 mir utes, overtime compensation- 3/4 hour 46 to 60 mi utes, overtime compensation - 1 hour 7.4 Any overtime increments worked over one (1) hour shall be compensated as in the, above referenced increments. Compensatory time in lieu of overtime shall be computed at a rate one- half rate of the bas a salary and shall be granted to employees at the mutual convenience of the Police Department and the employee. Employees may not accumulate and have current credit for more than sixty-four (64) hours of compensatory time earned and holiday hours as provided for in Section 9.0. 7.5 It is further agreed, however, that overtime will not be paid for hours traveling, studying, or evening classes, etc., when an employees is attending an out-of-town school. Overtime as the result of Department-wide training and meets authorized by the Chief of Police will be compensated at st aight time up to four(4) hours per month (see 7.2). Overtime beyond four (4) hours per month for this purpose will be compensated at time and one-half (1-1/2) of the hourly rate. 7.6 Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call back period. Section 8.0 Sick Leave 8.1.1 Sick Leave Incentive Eligibility-to be eligible for this benefit an employee must: a. Have ac umulated 48 days of sick leave. b. The sick pave pay-off will occur during the next 12- mon i period (December 1 - November 30) after 3 "?0€,0'15 A.P.O.A. -M.O.U. FY 1997/98 an employee has accumulated and maintained 48 days on the books. c. In the event one employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 48 days accumulation for eligibility to receive the incentive pay-off. 8.1.2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days). 8.1.3 The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. 8.2 An employee may use a maximum of forty (40) hours sick leave per fiscal year, for the care of dependents who are ill, injured or pregnant and who are living in the employee's household. Section 9.0 Holidays 9.1 City agrees that Association members shall continue to receive one (1) holiday as provided for by City Resolution No. 52-82 dated November 8, 1982, to be known as a "floating holiday". Said floating holiday shall be one (1) day per year credited on January 1st of each year and must be utilized within the calendar year . Employee may take such holiday of his/her choice of time consistent with the scheduling needs of the City and subject to approval of the Police Chief. There shall be no accumulation of floating holiday. 9.2 Martin Luther King Birthday shall be a recognized City Holiday for employees covered by this MOU. 9.3 Employees covered by this MOU shall be allowed to accrue holiday hours prior to required payoff. Employees may not accumulate and have current credit of more than sixty-four (64) hours of holiday hours and compensatory time off as provided for in Section 7.0. Section 10.0 Probationary Period. The probationary period for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve months in the new classification. Section 11.0 Standby Compensation. 11.1 Employees may be placed on standby status by the Chief of Police. Standby duty shall not be considered as hours worked for the purpose of computing overtime. Three types of standby may be assigned: 1. Weekend standby shall require that an employee be on standby status from 5:00 p.m. Friday evening to 8:00 a.m. Monday morning. In the event of a holiday weekend, theme extra pay(s) will be added to the standby duty time. Employees assigned weekend standby shall be paid a flat fee of$40.00 per weekend assigned. 4 ')000,116 A.P.O.A.—M.O.U. FY 1997/98 2. Full weeks andby shall require that the employee be on standby status for the weekend as per No. above and be on standby status during the week during all non-work hours. Employees assigned shall be paid a flat$50.00 per week assigned. 3. Court time or equivalent) standby shall be compensated at the rate of two (2) hours straight time compensation for every four(4) hours of actual time in standby assignment, prorated for more or less than four hours. Minimum compensation will be for one (1) hour of stra ght time. 4. Employees responding to work from standby shall receive a minimum of two hours pay at straight I ime. Employees working in excess of one hour and twenty minutes once called back shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes, or two hours straight time, whichever is greater. 11.2 Employees on standby status must provide the Police Dispatcher with a telephone number where he/she can be reached directly; and be able to respond to the predetermined duty assignment within twenty minutes from the time of notification. Section 12.0 Special Assignment Pay. 12.1 Employees in the classification of Police Officer assigned to act in the capacity of Field Training Officer shall be compensated at the rate of $150.00 per month. Compensation shall be provided only for h urs actually spent serving in the capacity of Field Training Officer. 12.2 Compensation shall be provided only when the assignment has been specifically authorized by the Chief of Police or designee. Section 13.0 Work Sched le 13.1 In general, employees shall be scheduled to work consecutive days on and consecutive days off. Work schedules changes (e.g. 5/8; 4/10; 3/12; 9/80) require a 30 day notice by the City or the Bargaining Uni . Either party may request a change in work schedules by written notification at least thirty (30) Jays in advance of proposed change. Once proposed schedules are agreed to, the Police Ch of will make a recommendation to the City Manager for final approval. Exceptions shall be made for: 1) Employee olunteering for special assignments or other schedules. 2) Employees needing schedule adjustments for military leave. 3) Employees needing schedule adjustments to accommodate schooling. 4) Emergencies. 5) Special events. 6) Training. 13.2 Shift employees ( xcluding administrative and investigative personnel) shall work consecutive 5 A.P.O.A.—M.O.U. FY 1997/98 hours within a work shift. A one-half (1/2) hour lunch period may be taken during the shift if the work load permits and as authorized and scheduled by the shift supervisor. Employees shall be considered to be on-duty during the lunch period and shall answer calls as assigned. 13.3 In addition to the work schedules called for above, employees assigned as Acting Watch Commander will report to work at least fifteen minutes prior,to the beginning of their shift to allow for a briefing period. Each employee so assigned will receive $1.00 per hour for the shift as compensation for time spent in shift change-over briefing. Section 14.0 Uniform Provisions. 14.1 The City shall provide an initial uniform issue for new hires and, an annual uniform allowance of Six-hundred Dollars ($600) for all eligible employees. 14.2 The City will make a lump sum payment, subject to the appropriate payroll taxes annually, in July, of the uniform allowance provided for in section 14.1, above. Said payment shall be no later than-the second pay day in July. 14.3 The City shall make available to all unit employees a bullet proof vest. Employees requesting a vest shall certify that they will wear the vest at all times, except in extreme climatic conditions. 14.4 Vests shall be replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees already owning a vest shall continue to use them until repair or refurbishment becomes necessary, as determined by the Chief of Police. 14.5 Rain boots - The City shall comply with the requirements of CAUOSHA as it relates to providing rain gear including rain boots. Section 15.0 Management Rights. The authority of the City includes, but is not limited to the exclusive right to determine the standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for "just cause'; relieve its employees from duty because of lack of work or for other legitimate reason; maintain the efficiency of governmental operations; determine the methods, staffing and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organizations and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their. representatives from consulting or raising grievances over the consequences or impact that decisions on these matter may have on wage, hours and other terms of employment. Section 16.0 Peaceful Performance. 16.1 During the life of this agreement no work stoppage, strikes, slowdowns or picketing shall be caused or sanctioned by the Atascadero Police Officers Association, and no lockouts shall be made by the City of Atascadero. 16.2 In the event that any employees covered by this agreement, individually or collectively, violate the provisions of this article and the Atascadero Police Officers Association fails to exercise good faith in halting the work interruption, the Association and the employees.involved shall be 6 A.P.O.A. —M.O.U. FY 1997/98 deemed in violation of this article and the City shall be entitle to seek all remedies available to it under applicable law. Section 17.0 Provisions of -aw. 17.1 This MOU is subject to all current 'applicable federal, state and local laws, regulations and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this MOU. 17.2 If any part or provi ion of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. Section 18.0 Applicability of Personnel Rules and Regulations. It is agreed and understood that in all other respects except as specifically enumerated by the MOU, the rules, regulations and conditions of employment of the City of Atascadero as established by Ata cadero Municipal Code, Title 2, Chapter 2, inclusive, Resolution No. 12-80, dated July 14, 1980, Resolution No. 31-81, Resolution No. 52-82 dated November 8, 1982, shall remain in full force and effect. Section 19.0 Renegotiatio s 19.1 If either party wants to negotiate a successor Agreement, such party shall serve written notice upon the other party between March 15 and April 15 of the final year of this MOU. 19.2 If a party requests negotiations pursuant to the above section, such party shall also submit initial proposals in writing for a successor Agreement no later than April 15th of the final year of this MOU. 19.3 If either party fulfils the requirements of the above sections, then negotiations shall begin no later than 1 May of the final year of this MOU. Section 20.0 Term of Agreement Unless specifically provided otherwise, the provisions of this MOU shall go into effect July 1, 1997, and shall reinain in effect, unless modified by mutual agreement, until midnight June 30, 1998. DATE: ATASCADERO POLICE OFFICERS CITY OF ATASCADERO 7 A.P.S.T.O. — MOU FY 1997/98 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND ATASCADERO PUBLIC SAFETY TECHNICIANS ORGANIZATION PUBLIC SAFETY TECHNICIANS UNIT SECTION 1 PREAMB E This Memorandum of Understanding is entered into between the authorized representatives of City of Atascadero, hereinafter referred to as "City", and of Atascadero Pu lic Safety Technicians Organization, hereinafter referred to as "Association". Souch Memorandum of Understanding was developed pursuant to California GovE mment Code 3500, et sec., City of Atascadero Municipal Code Title 2, Chapter 2, Sec ion 2.2.01 through 2-2.13, inclusive, and the City of Atascadero Resolution No. 12-80, dated July 1980, and subsequent amendments thereto. SECTION 2 PURPOSE It is the purpose, of the Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding between management and employees covered by the provisions of this MOU and to set forth the understanding reached betwe an the parties as a result of good faith negotiations on matters set forth herein. SECTION 3 RECOGNITION Pursuant to California Government Code 3500, et seq., City of Atascadero Municipal Code, Title 2, Chapter 2, Section 2-2.01 through 2-2.13, inclusive, and the City of Atascadero Resolution No. 12-80, dated July 1980, and subsequent amendments thereto, the Cily hereby recognizes Association as the bargaining representative for purpose of representing regular and probationary employees, occupying the classifications f Support Services Technician and Support Services Lead Technician in the Public Safety Technician Unit with respect to their wages, hours and other terms and conditions of employment. SECTION 4 FULL UDERSTANDING, MODIFICATIONS, WAIVER. 4.1 This MOU setl forth the full and entire understanding of the parties regarding the matters set foi th herein. Any other prior or existing understanding or agreement by the parties, wheth Dr formal or informal, regarding any such matters, are hereby suspended or terminated n their entirety. If any provisions of any other City resolutions are in 1 A.P.S.T.O: — MOU . FY 1997/98 conflict with this Memorandum, the terms and conditions of this MOU shall prevail. 4.2 No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and.executed in writing by both parties hereto and, if required, approved and implemented by the City Council. 4.3 The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. SECTION 5 SALARY AND RETIREMENT 5.1 Salaries in effect on June 30, 1994, shall be increased of 0.9% (nine tenths of a percent) in the form of nineteen (19) hours furlough for the fiscal year. Nineteen (19) hours furlough will be added each fiscal year to be used within the fiscal year, until the City's financial situation is such that the 0.9% can be added to base salary. 5.2 Overtime: Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call back period. 5.3 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total S compensation" and will be the basis of comparison in future negotiations. 5.4 Newly hired employees shall normally be placed at Step A. Advanced step hiring may be approved by the City Manager upon request by the Department Head. 5.5 Movement between steps will be at twelve month intervals and subject to satisfactory performance. 5.6 Pay on Promotion. An employee who is promoted shall receive a salary increase of at least one Step (5%). Therefore, the employee shall be placed on Step A, or that a step which produces at least one step salary (5%) increase. 5.7 Standby Compensation: Court time (or equivalent) standby shall be compensated at the rate of two (2)hours straight time compensation for every four(4) hours of actual time in standby assignment, prorated for more or less than four hours. Minimum compensation will be for one (1) hour of straight time. Employees responding to work from standby:shall receive a minimum of two hours pay at straight time. Employees working in excess of one hour and twenty minutes once called back shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes, or two hours straight time, whichever is greater. 5.9 The City shall contact P.E.R.S. for the purpose of requesting a valuation of the 2% c@'D55 retirement benefit, for miscellaneous members., The increased cost for the 2 '�UU£;22 . A.P.S.T.O. —MOU FY 1997/98 benefit shall be paid by the employee. The valuation shall be done prior to April 1, 1998 for consideration during the next contract negotiation process. It is recognized that the request is dependent upon P.E.R.S. ability to provide the valuation, due to the conversion in their computer system. 5.10 The parties aS iree that future Cost of Living Allowances and health benefits for bargaining un ts that negotiate, shall be equal to all other City employees. Unit employees sh ill receive any increases in benefits to COLA, health benefits and leave accruals in an amount at least equal to that which is received by other bargaining units. The cost of these additional benefits shall be calculated in a manner to provide accurate comparison with the other bargaining unit. SECTION 6 INSURANCE PROGRAMS 6.1 Health Insurance 6.1.1 Effective July 1, 1997, the City shall pay a total of$408.53 per month toward the cosof all medical, dental, life insurance and vision benefit premiums for the employ a and dependents for the term of this agreement. For fiscal year 199619 the City shall pay for increased costs to medical, dental, vision and life insuran a premiums for employee and fifty percent (50%) of increased costs for dependants based upon HMO plan costs. 6.1.2 The Me Jical Insurance Committee may recommend changes in the level of service and service providers to the City during the term of the agreement. For recomrr ended changes, each recognized bargaining unit shall have authority to vote or a pro-rated basis. The ratio shall be based on the number of unit employees to the number of employees eligible for health benefits. 6.1.3 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, the remaining amount of the City contribution toward premiums for coverage shall be paid to the employee as an addition to his/her regular pay. 6.2 Flexible Benet ts Plan The City shall.,levelop and make available to employees covered by this MOU a Flexible Benet t Plan, in compliance with applicable Internal Revenue Code provisions, effective Janu ry, 1992. The plan will enable an employee to, on a voluntary basis, cover addition I out of pocket expenses for insurances and dependent care through pretax payroll ollars. 6.3 Term Life Insu ance 3 ' 0003 A.P.S.T.O. — MOU - FY 1997/98 6.3.1 City shall maintain a term life insurance policy for each unit employee, in the amount of Twenty Thousand dollars($20,000.). 6.3.2 City shall maintain a term life insurance policy for each eligible dependent enrolled in the health coverage unit employee , in an amount of One Thousand dollars ($1,000.00) per dependent. 6.4 State Disability Insurance 6.4.1 City shall continue to provide State Disability Insurance as a payroll deduction of each employee. State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. SECTION 7 SICK LEAVE INCENTIVE 7.1 Eligibility-to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur during the next 12 month period (December 1 - November 30) after an employee has accumulated and maintained 48 days on the books. C. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 48 says accumulation for eligibility to receive the incentive pay-off. 7.2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days). 7.3 The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. SECTION 8 VACATIONS, HOLIDAYS AND COMPENSATION TIME 8.1 Vacation leave shall be credited, computed and used as specified by Section 9.0, Employee Benefits, of Resolution No. 12-80, dated July 14, 1980. 8.2 It is agreed and understood that the taking of vacation shall be as scheduled by the Department Head subject to the needs of the City. i 4 �0UUw A.P.S.T.O. — MOU FY 1997198 8.3 Holidays shall be observed in accordance with Section 9.4, Employees Benefits, of Resolution No. 2-80 dated July 14, 1980. 8.3.1 The Birthday (Floating) as noted in Resolution No. 52-82, Section 5, Subparagraph K, dated NovembE r 8, 1982 shall be credited to the employee on January 1 of each year and must be uti ized within the calendar year, to be scheduled as any normal leave with pay procedure. There shall be no accumulation of floating holidays. 8.4 Martin Luther K ng Birthday shall be recognized City holiday for employees covered by this MOU. 8.5 Employees shall be allowed to accrue sixty-four(64) hours of holiday hours and/or "compensatory ime" hours prior to required payoff. All hours in excess of the six-four (64) hours will a compensated as part of the paycheck in which the time is earned. 8.6 Employees in a permanent part-time position who are scheduled to work on a City recognized holi Jay shall be allowed to accrue worked hours of holiday time up to eight (8) hours. SECTION 9 GENERAL BENEFITS. 9.1 It is agreed that overtime, compensatory time off (CTO), retirement, leaves and other benefits and c nditions of employment shall be as specified by City Resolutions No. 12-80, 31-81 mid 52-82 and the Atascadero Municipal Code Title 2, Chapter 2, .inclusive. Pregnancy leave shall be provided in accordance with State Law. 9.2 The City shall amend the Public Employee Retirement System (PERS) to provide for the Post Retirement Survivor Allowance for employees covered by this MOU. 9.3 The City shall continue to pay the employees contribution of seven percent (7%) towards the Pu lic Employees Retirement System (PERS). 9.4 The City agrees to add grandparents to the list of family members for whom the employee is all wed to take bereavement leave. 9.5 An employee may use a maximum of forty (40) hours sick leave per fiscal year, for the care of dependents who are ill, injured or pregnant and who are living in the employee's household. 9.6 Tuition Reimbursement: The City shall reimburse an employee up to $400.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the empl yee received a passing grade. 5 A.P.S.T.O. —MOU • FY 1997/98 SECTION 10 TRAINING ASSIGNMENT PAY Employees in the classification of Support Services Technician assigned to act as a trainer of a newly hired employee shall be compensated at the rate of$50.00 per month. Compensation shall be provided only when the assignment has been specifically authorized by the Chief of Police or his designee and shall be paid only for hours actually spent service in the capacity of.a trainer. SECTION 11 PROBATIONARY PERIOD The probationary period for newly hired employees shall be twelve months. The probationary period for employees promoted to a higher classification shall be six months in the new classification. The City shall have the option of granting a newly hired employee regular status at any time after nine (9) months of service. SECTION 12 SHIFT CHANGES The City shall give employees reasonable notice of routine shift changes. Emergency shift changes shall be made on an as needed basis. SECTION 13 GRIEVANCE PROCEDURE Employees shall be entitled to utilize the grievance procedure as outline in Section 6.0 • of Resolution No. 12-80. SECTION 14 CONTRACTING OUT The City will give reasonable notice to the Association if it intends to contract out the functions currently performed by employees within the Unit. Upon request, the City will meet with the Association to explain the reason for the decision to contract out and to solicit Association views on the proposal. Nothing in this section shall be construed to limit the rights of the City Council to contract out work at its sole discretion. SECTION 15 MANAGEMENT RIGHTS The authority of the City includes, but is not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; and promotion; direct it employees; take disciplinary action for"just cause'; relieve employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, staffing and personnel by which governmental operations are to be conducted; determine the content of job classifications;.take all necessary actions to carry out is mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or . 6 A.P.S.T.O. — MOU FY 1997/98 raising grievan es over the consequences or impact that decisions on these matters may have on w ge, hours and other terms of employment. SECTION 16 PROVI ONS OF LAW 16.1 This MOU is su ject to all current applicable federal, state and local laws, regulations and resolutions Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate rev sions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this Agreement. . 16.2 If any part of p vision of this MOU is in conflict or inconsistent with such applicable provisions of fe eral, state or local laws, or regulations, or is otherwise held to be invalid or unen rceable by any tribunal or competent jurisdiction, such part shall be suspended an superseded by such applicable law or regulations and the remainder of this MOU shall of be effected. SECTION 17 APPLICABILITY OF OTHER RULES AND REGULATIONS It is agreed that all provisions of any existing or prior, understandings or personnel policies, customs, practices and actions not specially included in Atascadero Municipal Code, Title 2, Chapter 2, inclusive, and associated rules and regulations adopted by the City Council of the City of the City of Atascadero, shall be superseded by the provisions of this MOU. SECTION 18 PEACE UL PERFORMANCE CLAUSE 18.1 The parties to i his MOU recognize and acknowledge that the services performed by the City employee covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Atascadero. Association agrees that under no circumstances will the Association recommend, encourage, cause or promote its members to initiate, participate in, nor will any member of the bargaining unit take part in, any stri e, sitdown, stay-in, sickout, slow-down, of picketing (hereinafter collectively refrred to as "work-stoppage) in any office or department of the City, nor to curtail any wor or restrict any production, or interfere with any operation of the_City. In the event of a such work stoppage by any member of the bargaining unit, the City shall not be re uired to negotiate on the merits of any dispute which may have risen to such work sto page until said work stoppage has ceased. 18.2 In the event of any work stoppage, during the term of this MOU, whether by the Association or by any member of the bargaining unit, the Association by its officers, shall immediat ly declare in writing and publicize that such work stoppage is illegal and unauthorized, nd further direct its members in writing to cease the said conduct and resume work. opies of such written notices shall be served upon the City. If in the event of any w rk stoppage the Association promptly and in good faith performs the 7 ').U©U27 A.P.S.T.O. — MOU FY 1997/98 obligations of this paragraph, and providing the Association has not otherwise authorized, permitted or encouraged such work stoppage, the Association shall not be liable for any damages caused by the violation of this provision. However,the City shall have the right to discipline, up to and including discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress, including damages, against any such employees. SECTION 19 IMPLEMENTATION 19.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon parties either in whole or in part unless and until said City Council: a) acts, by a majority vote, formally to approve and.adopt said MOU, b) and acts in a timely manner to appropriate funds necessary to implement the provisions of this MOU which require funding. 19.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the actions necessary for timely implementation of this MOU, either party may request the renewal of the meet and confer process. SECTION 20 TERM OF AGREEMENT 20.1 This MOU shall be effective as of 0001 a.m.;July 1, 1997, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1998. 20.2 If either party wants to renegotiate a successor agreement, such party shall service upon the other during the period March 1 st to April 1 st of the last year of this Agreement, its written request to reopen the Agreement as well as its written proposals to amend this Agreement. Upon receipt of such written notice and receipt of the proposals, negotiations shall begin no later than thirty (30) days after such receipt or May 1 st, whichever is later. Date: ATASCADERO PUBLIC SAFETY CITY OF ATASCADERO TECHNICIANS ORGANIZATION 8 `�U001:8 ITEM NUMBER: A - 2 DATE: 02/10/98 r. 1918 ■ 18 97 d City Mana er's Agenda Report Wade G. McKinney Amend Text of Zoning Ordinance Relative to Access Requirements at the Eagle Creek Golf Course (9100 Santa Barbara Road; Gearhart) RECOMMEND, ION: Council approve and adopt Ordinance 338 on second reading. DISCUSSION: Background: On Janu iry_27, 1998,the Council held a public hearing on the above-referenced Zone Change applicat'im to eliminate an existing zoning requirement that access to the Eagle Creek Golf Course be :aken only from Santa Barbara Road. After some discussion,there was a consensus among the Council that indeed access to the golf course from Atascadero Road would be preferable from the standpoint of safety and aesthetics. Recognizing that the proved Master Plan of Development for the site allows for the future addition of tennis and wim club facilities,however, concerns were raised that potential added traffic in the future ma y not be safely accommodated on Atascadero Road. To ensure such an event does not arise,the Council agreed to re-word the zoning requirement relative to access rather than simply el' inate it. Under the revised Ordinance, a traffic study would be required prior to the addition o any other recreational uses on the site. Then, if the traffic study reveals such additional uses could have significant traffic impacts,the additional uses must be approved by the Council upon recommendation of the Planning Commission. Conclusion: When tht project currently under construction is complete,the golf course and driving range will occi py 100% of the available recreational land on the site. Adding tennis and/or swimming facil ties to the site would-therefore require that the golf course and/or driving range be eliminated or reduced in size. While that substitution of recreational uses would be proportionate in terms of area, it may not be proportionate in terms of traffic on and off the site. The revised Ordinance recognizes this and ensures traffic impacts associated with any such substitution of recreational uses are addressed. Upon adoption of Ordinance 338 and passage of the 30-day referendum period,the new Ordinance will be effective and the developer of the site can secure an encroac ent permit to connect the golf course parking lot to Atascadero Road. ATTACHMENT: Ordinance 338 1)00®29 ORDINANCE 'NO. 338 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 9-3.652 OF THE ATASCADERO MUNICIPAL CODE (ZONING ORDINANCE) By MODIFYING ACCESS REQUIREMENTS FOR NONRESIDENTIAL USES ON PROPERTY AFFECTED BY PLANNED DEVELOPMENT OVERLAY ZONE NO. 8 (TRACT 2049, EAGLE CREEK PROJECT) (ZC 97012: Gearhart) WHEREAS, the proposed Zoning Ordinance amendment is consistent with the. General Plan in effect at the' time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code .concerning zoning regulations; 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 WHEREAS, the Atascadero Planning Commission held a public hearing on December 2, 1997 and has recommended approval of Zone Change 97012. NOW, THEREFORE, the Council of the City of- Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is consistent with General Plan goals and policies in effect at the time of application acceptance. 2. The proposal is compatible with surrounding land uses and zoning requirements in effect at the time of application acceptance. 3. The proposal will not have significant adverse environmental effects. The Negative Declaration prepared for Tract 2049 and adopted by the Council on April 9, 1991 has been considered and found adequate pursuant to the requirements of the California Environmental Quality Act (CEQA) . `)00030 Ordinance No. 338 Page 2 4. Modification of the development standard hereby being amended promotes safe, orderly and harmonious development and is therefore warranted. 5. Modi ication of development standard hereby being amen ed will enhance the opportunity to best utilize the special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the subject Zoning Ordinance amen ent cannot be reasonably achieved through existing development standards. Section 2 Zoning Ordinance. The Zoning Ordinance of the City of Atascadero, being Title 9 of the Atascadero Municipal Code (AMC) , is hereby amended to modify Subsection 9-3.652 (e) , as shown on the attached `Exhibit A.' All other subsections within AMC Section 9-3. 652, however, shall remain in effect. 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 Cod shall certify the adopting and posting of this ordinance and Ishall cause this ordinance and this certification together with roof of posting to be entered into the Book of Ordinances of the City. Section 4i Effective Date. This ordinance shall go into effect and be in full force and effect at 12:0 a.m. on the 31st day after its passage. On motion by and seconded by the foregoing Ordinance is approved by the following roll. call vote: �i30031 Ordinance No. 338 Page 3 AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Harold L. Carden, III, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Director Community Development Department ')OOC3ti EXHIBIT A, PAGE. 1 OF 2 ORDINANCE NO. 338 9-3. 652. Establishment of Planned Development Overlay Zone No. 8 (PD8) . Plan ed Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps (Section 9-1 .102) . The following deve opment standards are established: (a) A Ma ter Plan of Development shall be approved prior to any development of the site. Said Master Plan shall be processed in the same manner as a Conditional Use Perm -t except that that Master Plan may be submitted and brocessed in the same manner set forth for the processing of a tentative map. (b) In approving a Master Plan of Development for the site the uses allowed shall be .limited to: 1 . Single Family Dwellings 2. Residential Accessory Uses (See Section 9- 6. 106) 3. Crop Production and Grazing 4 . Farm Animal Raising (See Section 9-6.111) 5. Home Occupation (See Section 9-6.105) 6. Temporary Dwelling (See Section 9-6. 176) 7 . Agricultural Accessory Uses (See Section 9- 6. 109) 8 . Outdoor recreation services,. limited to a golf course and/or Tennis and Swim Club (See Section 9-6. 123) 9. Pipelines (c) No uses shall be established, or expanded, unless . approved pursuant to a Master Plan, following ;a public hearing. EXHIBIT A, PAGE -2 OF 2 ORDINANCE NO. 338 (d) The grove of Oak Trees located on the slope between the top of the knoll and the intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a Master Plan, or Tentative Map, efforts shall be made to place this extreme western portion of the property into open space easement, or otherwise ensure its preservation. (e) Access to the golf course and related uses from Atascadero Road has been approved. Any substantial expansion of recreational uses beyond the approved nine-hole golf course and driving range (i.e. , tennis, swimming, etc. ) shall require preparation of a traffic study. If the traffic study reveals such an expansion could have significant impacts related to traffic, such expansion shall be approved by the City Council upon recommendation of the Planning Commission. (f) Residential uses shall be subject to Appearance Review. , W0034 ITEM NUMBER: A - 3 DATE: 02/10/98 n ■ ■■ ■ ■ (AD�� City Attorney s Agenda Report Roy A. Hanley Sidewalk Maintenance and Repair Ordinance RECOMMEND ION: Waive the reading of Ordinance 342 in full and introduce for second reading by title only. DISCUSSION: No new information. Backmund: The Streets and Highways Code of the State of California already provides that the adjoining property owners are responsible for maintenance of existing sidewalks. This ordinance would clarify the procedures already in place in the City of Atascadero to enforce the Streets and Highways Code. This ordinance will not require the construction of sidewalks in any location where sidewalks are of already required by the.City of Atascadero. This is not a change in policy. Anal The Streets and Highways Code of the State of California set forth procedures for cities to follow in re uiring adjoining land owners to repair sidewalks. This is a public safety issue. The City, in lie past, has simply followed the procedures set forth in the Streets and Highways Code. This process has proved to be cumbersome, and has proved to be confusing to members of the publ' The purpose of this proposed ordinance is to codify, in the Municipal Code, the procedureE set forth in the Streets and Highways Code requiring the abutting property owners to maintain a isting sidewalks. This procedure would allow the City to follow the due process requirements of notice, including the required posting. This procedure would allow the City to clearly recoup costs, if any, of the failure of the property owner to repair the sidewalk after notice. An additional benefit to the City would be the creation of a procedure for requiring the sidewalks to be repaired. This will provide an additional defense to the City in the event that someone is injured by a defective sidewalk. The City would be free to have an administrative policy for examination of sidevralks, temporary repair, and notice to the abutting property owners. So long as the City reas nably inspected sidewalks, and reasonably effectuated temporary repair, ')430035 ITEM NUMBER: A - 3 DATE: 02/10/98 the effective use of the sidewalk repair ordinance will provide a defense to the City in any trip and fall litigation. . Conclusion: This item does not change current City policy. The item will clarify City procedures, and make it easier to administratively handle sidewalk repair in a manner that most benefits the City in future potential litigation. FISCAL IMPACT: None. ALTERNATIVES: The City of Atascadero is not required to implement these Municipal Code sections. The Streets and Highways Code already provides for such procedures. PREPARED BY: City Attorney Roy A. Hanley ATTACHMENTS: Ordinance Number 342 W0036 ORDINANCE NO. 342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SIDEWALK AND STREET EDGE MAINTENANCE AND IMPROVEMENT ORDINANCE SECTION 1. Purpose. The provisions codified in this chapter are adopted to implement and supplement the Streets and Highwa s Code as it exists as of the adoption of the ordinance from which this section derives and s it may be amended from time to time. SECTION 2. Applicability. Except as specifical y excluded by the Streets and Highways Code, or this chapter, the provisions of this che pter shall apply to any work on streets and sidewalks within the public right of way within t e incorporated area of the city. SECTION 3. Defini Jons. Whenever any words or phrases used in this chapter are not defined in this section but are defined in the Streets and Highways Code such definitions are incorporated in this chapter and shall apply as though set forth in full in this chapter. The following words and phrases shall have the mear ings respectively ascribed to them: i (a) "Any single lot or parcel of land" means any lot or parcel of property or any group of contiguou lots or parcels of real property which serve one residence or one business or industrial establishment, regardless of the fact that the several lots or parcels are owned by, or un Jer lease to, different persons. (b) "City Puis Works Department Standard Specifications and Drawings" means the city's standard ans and specifications that are on file in the office of the Director of Public Works and re used for construction of such items including but not limited to concrete curbs, gu ers, driveways and sidewalks, street paving, streetlights, water, storm drains and s Bwer lines and tree wells. Periodic revisions are made on these Standard Specifications and Drawings from time to time as the need arises and copies are available for purcha a from the office of the Director of Public Works. (c) "Permit means the encroachment permit required for construction or reconstruction of p blic improvements and/or encroachment work authorized by the Atascadero Municip I Code. "Public improvements" includes but is not necessarily limited to concrete curbs, utters, driveways and sidewalks, street paving, street lights, storm drains, and sewer lir es and tree wells. Provisions of the encroachment ordinance provide for fees contained t ierein. (d) "Streets and Highways Code" means the provisions of the California Streets and Highways Code, Division Seven, and such amendments and additions as may have been made to those provisions. (e) "Width ol Driveway" means the width of such driveway at the top of the curb and not the width of such driveway at street or gutter level. ')0003► CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 2 .SECTION 4. Maintenance of Sidewalk and Y Streeted9 a Maintenance b AbuttingOwners. • The owners of lots or portions of lots fronting on any portion of a public street or place, when the street or place is improved, shall maintain all items including but not limited to trees, sidewalks, parkways, curbs and gutters and driveways located in public rights of way in a condition that will not endanger persons or property or will not interfere with the public convenience in the use of those works pursuant to this chapter and Chapter 22, of Part 3, Division 7 of the Streets and Highways Code. SECTIONS. 5.01. Notice to Repair. When any portion of a sidewalk is out of repair or pending reconstruction.and in condition to endanger persons or property or in condition'to interfere with the public convenience is hereby declared a nuisance as defined in Atascadero Municipal Code section 9-8.106. The superintendent of streets may notify the owner or person in possession of the property fronting on that portion of such sidewalk to repair the sidewalk according to the city's Standard Specifications and Drawings. 5.02. Service of Notice. Notice to repair any portion of a sidewalk may be given by delivering a written notice personally to the owner or to the person in possession of the property out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his/her last known address as the same appears on the last equalized assessment rolls in the records of the county clerk. 5.03. Posting of Notice. The postal card shall contain a notice to repair the property out of repair, and the superintendent of streets shall immediately upon the mailing of the notice, cause a copy of it printed on a card not less than eight (8) inches by ten (10) inches in size to be posted in a conspicuous place on the property. 5.04. Contents of Notice. The notice shall specify: 1)what work is required to be done; 2) how it is to be done; 3) what materials shall be used in the repair and shall further specify; 4) that if the repair is not diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost shall be an obligation of abutting property owners so notified and such cost may be a lien on the property. In lieu of posting a copy of the mailed notice on the property, the superintendent of streets may, not less than seven (7) days nor more than ten (10) after mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked ".Second Notice" to the person to whom the first postal card was addressed. The second notice shall contain the material required by this ordinance, but shall not extend the time for commencing repairs. ',fi003S CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 3 SECTION 6. Repair b Street Superintendent. p Y p If the repair is not commenced and prosecuted to completion with due diligence, as required by the noti e, the superintendent of streets may forthwith repair the sidewalk. Upon the written re( uest of the owner of the property facing the sidewalk or the private roadway so out of repair, as ascertained from the last equalized assessment role of the city, or as shown int ie records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have the power to prescribe the form of the written request. The cost of the repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pLirsuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted. SECTION 7. Notice Report, and Hearing. 7.01. Upon he completion of repair, the superintendent of streets shall cause notice of the cost o repair to be given in the manner specified in this ordinance for the giving of the first not ce to repair, which notice shall specify the day, hour and place where the City Council sha I hear and pass upon a report by the superintendent of streets of the cost of repair, togett er with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of repair and any other interested person. 7.02. Upon the completion of repair, the superintendent of streets shall prepare and file with the City Clerk a report specifying the repairs which have been made, the cost of the repairs, a des ription of the real property or properties in front of which repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 7.03. Uponhe day and hour fixed for the hearing, the City Council shall hear and pass upon the rep rt of the superintendent of streets, together with any objections or protests which mayle raised by any of the property owners liable to be assessed for the work of making suct repair and any other interested persons. There upon the City Council may make such revision, correction or modifications in the report as it may deem just, after which, by motion c r resolution, the report as submitted, or as revised, corrected or modified, shall be cc nfirmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all reports, protests and objections that may be made shall be final and cc nclusive. SECTION 8. Assessment, Notice of Lien, Recordation. 8.01. The cost of repair may be assessed by the City Council against the parcel or parcels of property ronting upon the sidewalk upon which such repair was made. Such cost so assessed, if not paid within five (5) days after its confirmation by the City Council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property fort a amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. ' ')0003q CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 4 8.02. The superintendent of streets may file in the office of the county recorder of San Luis Obispo County, a certificate.in the form prescribed by Streets and Highways Code Section 5626 as it exists today, or as modified in the future. Alternatively the superintendent may pursue recovery of the assessed costs, which are hereby declared a personal obligation of the abutting owner, in a civil court of competent jurisdiction. 8.03. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. SECTION 9. Collection With Regular Taxes. As an alternative method of collection of the amount of the lien, the City Council, after confirmation of the report,of the superintendent of streets, may order the Notice of Lien to be turned over to the assessor and the tax collector, where upon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. The Notice of Lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county Board of Equalization. SECTION 10. Alternative Procedure: M This chapter constitutes a separate and alternate procedure for performing the work specified herein. It is not the exclusive method of the city to require repairs or for collection of the cost of those repairs. The enforcement officer may, at the request of the superintendent of streets, initiate and complete proceedings to abate such nuisances as provided for in Municipal Code section 9-8.107. SECTION 11. Severability. The city of Atascadero intends that each provision of this ordinance be severable from the other. If any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance is declared unconstitutional or void by a court of competent jurisdiction, the voided part is severable and this City Council would have adopted the remainder of this ordinance without the voided part, and the remainder shall be in full force and effect. SECTION 12. Criminal Penalties and Additional Legal Relief. 12.01. It is unlawful for any person to fail or refuse to comply with a notice of repair sent by the superintendent of streets. Any person who fails to comply with the notice and finish repairs within sixty (60) days of the mailing of a first notice to repair is guilty of a misdemeanor and may be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the county jail, or both, in the discretion of the court. -)nQ0-4J CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 5 12.02 Not iing herein shall prevail or restrict the city from taking such other lawful action as is necessa . to prevent or remedy any violation or non-compliance. Such other lawful actions shall ii iclude, but not be limited to, an action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this ordinance are cumulative and independently available to the city and the city shall be authorized to pursue any and all remedies set forth in this Ordinance to the full extent allowed by law. ADOPTED AND APPROVED this day of ' 1998. Harold L. Carden, III, Mayor ATTEST: Marcia M. Torgerso , City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney -)00041 ITEM NUMBER: B - 1 DATE: 02/10/98 a ■ ■t■ 1 ■ 18 8 ■ 197 City Mana er's Agenda Report Wade G. McKi ney General Plan Amendment#97009, Zone Change#97008 and Tentative Parcel Map #97004 (7930 Santa Rosa Road; Gearhart) RECOMMENDA IONS: The Planning Commission recommends: Council adopt Resolution No. 1998-003 denying General Plan Amendment#97009(thereby denying all three appli ations). DISCUSSION: The Planning Commission held a Public Hearing regarding the subject applications at its regular meeting of January 20 1998. Following public testimony,the Commission made findings that the proposed General Plan Amendment,Zone Change and Tentative Parcel Map would not be in character with the ne0lborhood and its orderly development. Based on this finding,the Commission recommended denial of the applications and took no action on the Negative Declaration. The Planning Commission Staff Report is attached for Council's information. Background: The sub ect site is approximately 1.08 acres, is vacant, gently sloped and zoned Public. There is no m' imam lot size in the Public zone, except for parcels intended for single family residential use here the minimum lot size is two and one-half(2.5) acres. Single family residences are conditionally allowed in the Public zone by Conditional Use Permit..The Public zoning allowable uses include: Broadcasting studios, libraries and museums, offices,public assembly and entertainment, schools,temporary events,temporary or seasonal retail sales, outdoor recreation se ices and indoor recreational services. Conditionally allowed uses include_: Animal hospitals, caretaker residence, cemeteries, churches, collection station, funeral services, health care services, residential care, skilled nursing facility,transit stations and terminals,utility service centers, mini storage facilities,vehicle and equipment storage, and recreational vehicle park. The site is located on a south side of Santa Rosa Road about 500 feet southeast of Highway 41. Properties adjacent and to the west towards Highway 41 are zoned Public and developed with two churches and a P &E substation. Properties adjacent and to the east are zoned RSF-Z (Residential Single Family,Low Density)and developed with single family residences. The minimum parcel size the RSF-Z zone ranges from one and one-half(1.5) acres to two and one- ')00042 ITEM NUMBER: B - 1 DATE: 02/10/98 half(2.5)acres based on specific performance standards. However, several of the existing parcels are smaller than the minimum size. Properties across Santa Rosa Road are zoned RSF-X (Residential Single Family, High Density)and are also developed primarily with single family residences. The minimum parcel size in the RSF-X'zone is one-half(1/2)acre. Analysis: The applicant has requested a rezoning of the property from Public to RSF-X which would allow the 1.08 acre lot to be split into two(2)parcels of 0.5 and 0.58 acres each. At the January 20, 1998 Planning Commission meeting, staff recommended that the Commission consider expanding the study area to include the two parcels to the east of the subject property, thereby rezoning a total of three parcels to RSF-X. The result would still be the creation of one additional parcel since the other two properties are less than one acre and would not qualify for subdivision under the proposed zoning. Staff determined that since the parcels across the street from the subject property are predominantly one-half acre in size, a finding could be made that rezoning the three parcels to RFS-X would be in character with the residential neighborhood. Public testimony did not support the Staff recommendation and the Commission concurred deciding to deny the request based on the more rural atmosphere of the immediate neighborhood on the south side of Santa Rosa Road where parcel sizes are larger than one-half acre. FISCAL IMPACT: The fiscal impact of denying the proposed project would result in no fiscal impact. Approval of the project could have a minor positive impact as density is increased and street improvements installed ALTERNATIVES: 1. Approve the project. The City Council, following the Public Hearing, could approve the General Plan Amendment, Zone Change and Tentative Parcel Map. The Planning Commission found through their deliberations that the project was not in character with the surrounding neighborhood and the request should be denied. Approval would require: a. Council find the project would not have significant adverse effects on the environment and that the Negative Declaration prepared for the project is therefore adequate under the requirements of the California Environmental Quality Act(CEQA). b. Council adopt Resolution No. 1998-008 amending the Land Use Map by changing the Land Use designation of the subject property from Public to Low Density Single Family; and C. Council adopt Ordinance No. 344 ,read by title only and approve on first reading, changing the zoning of the subject property from Public to RSF-Z(Residential Single Family, Low Density). ')00043 ITEM NUMBER: B - 1 DATE: 02/10/98 d. Counci adopt Resolution No. 1998-010 thereby denying Tentative Parcel Map #97004 RESPONSIBLEDEPARTMENT: Community Development ATTACHMENT Attachj nent A - January 20, 1998 Staff Report Attac ent B January 20, 1998 Planning Commission Minutes AttacM nent C - Resolution No. 1998-003 Denying General Plan Amendment#97009 Attachi nent D - Negative Declaration Attachment E - Resolution No. 1998-008 Changing the Land Use Designation from Public to Low Density Single Family Attachment F - Ordinance No. 344 Amending the Official City Zoning Map from Public to RSF-Z Attachment G - Conditions of approval Attach ent H - Resolution No. 1998-010 Denying Tentative Parcel Map . #97004 i ')00®44. ATTACHMENT A ITEM NUMBER: B • 2 DATE: 01/20/98 aN i 191a & 1979 Planning Commission Staff Report General Plan Amendment#97009, Zone Change#97008 and Tentative Parcel Map #97004 (7930 Santa Rosa Road; Gearhart) SUBJECT: Consideration of General Plan Amendment, Zone.Change and Tentative Parcel Map applications to change the land use and zoning to allow the existing parcel to be subdivided. RECOMN[ENDATION(S): Staff recommends that the Commission: 1. Find the project would not have significant adverse effects on the environment and that the Negative Declaration prepared for the project is therefore adequate under the requirements of the California Environmental Quality Act(CEQA); and 2. Recommend to the City Council that General flan Amendment#97009 be approved through the adoption of Resolution No. 1998-007; and 3. Recommend to the City Council that Zone Change#97008 be approved through the adoption of Ordinance No. 343; and 4. Approve Tentative Parcel Map#97004 based on the Findings for Approval contained in Attachment H and the Conditions of Approval contained in Attachment L SITUATION AND FACTS: 1. Applicant: ..........................................Kelly Gearhart 2. Representative: ...........................:.....Cannon Associates 3. Project Address: .................................7930-Santa Rosa Road 4. Existing General Plan Designation: . ......Public 4 5. Proposed General Plan Designation ............High Density Single Family 6. Existing Zoning: ..................................Public 1)00045 ITEM NUMBER: B• 2 DATE: 01/20/98 i7. Proposed Zoning: ................................Residential Single Family(RSF-X) 8. Site Area .......................:..................1.08 acres 9.. Existing Use ............ ....... ............ .Vacant 8. Environmen al Status: Negative Declaration posted December 30,-1997 DISCUSSION: Analysis: The subject roperty consists of one vacant lot located on the south side of Santa Rosa Road approximately 5 0 feet southeast of Highway 41 (Attachments A and B). Adjacent properties toward Me way 41 are zoned Public and developed with churches and a PG&E substation. Properties to the east are zoned RSF-Z and developed with single family residences, and properties across Santa Rosa Road are zoned RSF-X and are predominantly developed for single family residentia I use. The purpose of the Public zone is to provide for suitable locations and standards for the maintenance and devel pment of public and quasi-public facilities and services. Staff feels this is an appropriate zoning or the churches and the PG&E substation. Single family residences are conditionally allowed i ri the Public zone; however,the minimum lot size for single family residence use is 2.5 a es. The applicant could therefore build one residence on the site by Conditional Use Pe ' but would not be able to subdivide under the current zoning. A zone change to RSF-X would allow the applicant's 1.08 acre site to be subdivided and a single family residence built on eact of the two V2 acre parcels. Staff recommends that the Planning Commission consider expanding the study area to include the two parcels to the east of the subject property,.thereby rezoning a total of three parcels to RSF-X (Attachment Q. This would essentially pull the RSF-X zoning from the other side of Santa Rosa Road to include these hree parcels instead of just one. The net result of the General Plan and Zoning Changes would still be that one additional parcel could be created;the other two parcels are less than one acre ind therefore would not be eligible for a lot split under the proposed zoning. Conclusion: The proposed General Plan Amendment, Zoning Amendment and the Tentative Parcel Map applications are consistent with surrounding land uses and will not have a significant environmental impact. ALTERNATIVES: L Deny the requested General Plan Amendment. Under this scenario;the subject property would have to be in accordance with uses allowable under the Public zoning, which may include one(1) single family residence but not two (2). This alternative is not )00€0,' 6 ITEM NUMBER: B . 2 DATE: 01/20/98 recommended since two single family residences are more in character with the • neighborhood and would enable any necessary road improvements to be completed. 2. Amend the General Plan and.Zoning Map to include only the subject site. This alternative is not recommended since spot zoning is discouraged in the Zoning Ordinance. PREPARED BY: Kelly Heffernon, Assistant Planner ATTACHMENTS: ' Attachment A - Location Map (General Plan) Attachment B - Location Map(Zoning Plan) Attachment C - Tentative Parcel Map Attachment D Expanded Study Area Attachment E - Negative Declaration Attachment F - Draft Resolution 1998 -007 Attachment G - Draft Ordinance 343 Attachment H - Findings for Approval Attachment I - Conditions of Approval ')000117 CITY • . • • • • • • • co Dx. � AFAFA ,lip > . 99 s 'r , - 1 •, ��� , llaw 04 .�� . ►� o • o s o�I �►i�i� INA- � I CITY OF ATASCADERO ATTACHMENT C "k _ r.:�•:it1e TENTATIVE PARCEL MAP -COMMUNITY DEVELOPMENT 49.7004 DEPARTMENT tis � �\�, \\•` � Ns \ , Yx Ile NNI ,, top �sf Ila a . , � X00050 �1 'k i i l ATTACHMENT �. CIT OAF �.TASCADELP-9 I Oita.• V Is ENVIRONMENTAL C V DRDMATOR / CaM � NEGATIVE DECLARATION COWAUN1'IY DEVELOPIYIENT DEPT. 6500 P.A VA AVE. ATASCADERO. CA 93422 (805) 461-5035 APPLICANT: KELLY GEA HART. 6205 ALCA TARA • ATASCADERO, CA 93422 PROJECT TITLE:* 'GENERAL PLAN AMENDMENT 4970091 ZONE. CHANGE #97008 AND TENTATIVE PARCEL MAP 497004_. , PROJECT LOCATION: : 7930 SANTA ROSA ROAD PROJECT DESCRIPTION: ZONE CHANGE FROM P - CPUBLIC) .TO .RSF-X PRESIDENTIAL SINGLE FAMILY), GENERAL PLAN AMENDMENT FROM PUBLIC TO HIG: DENSITY SINGLE FAMILY, AND .TENTATIVE PARCEL MAP TO DIVID THE 1. 08 ACT�E SITE INTO.'0 . 5 AND 0 . 58 * ACRES. FINDINGS: .. 1. The project does not have the potential to degrade the environment 2. The project will not apbleve short tern=to the disadvantage of long-term environmental goals: 3. The project does not have Impacts which are.Individually limited. but comuiative-!y considerable. 4. The project will not a Luse substantial adverse effects on human beings either dfr�ly or indire=ly._ DETER'11 iATION: :. ]Based on the above flrurl n .'and the Information contai=ned in the initial study (made a part hereof by refer- ence and on file in the Co=murity Development Department). it has been determined that the above project Will not have an adverse Impact on the.environment. STEVEN L. DECAMP CITY PLANNER ' ? : Date Posted: DECEMBER 3 , 1997 Adopted: . CDD 11-Bf1 f ')00052•. ATTACHMENT .F RESOLUTION NO. 1998-007 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 7930 SANTA ROSA ROAD FROM PUBLIC TO HIGH DENSITY SINGLE FAMILY, AND CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 7900 AND 7920 SANTA ROSA ROAD FROM LOW DENSITY SINGLE FAMILY TO HIGH DENSITY SINGLE FAMILY (GENERAL PLAN AMENDMENT 97009) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared in the 19701s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on January 20, 1998; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The proposed General Plan Amendment is consistent with the goals and policies of the General Plan. 2. The proposed General Plan Amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of' Atascadero does resolve to approve General Plan Amendment GPA #97009 as follows: 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . w0053 Resolution No. 1998-007 Page2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: _ AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. TORG RSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director X00054 fi .�,�• off'�6i",,. 1 • ATTACHMENT G ORDINANCE NO. 343 AN ORDrGTIE C OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDIOFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPE TY AT 7930 SANTA ROSA ROAD FROM P (PUBLIC) TO RSF-X (RESID NTIAL SINGLE FAMILY) , AND REZONING CERTAIN REAL PROPERTY T 7900 AND 7920 SANTA ROSA ROAD FROM RSF-Z TO RSF-X (ZONE CHANGE 97008) . WHEREAS the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by 3ection 65860 of the California Government Code; and WHEREAS the proposed amendment is in conformance with Section 6580D et seq of the California Government Code concerning z ning regulations; and WHEREAS the proposed amendment will not result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the Calif rnia Environmental Quality Act; and WHEREAS the Atascadero Planning Commission held a public heari g on January 20, 1998 and has recommended approval of Zone Change 97008. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning designations 2. The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. The City' s official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference: Ordinance No. 343 Page 2 Assessor' s Parcel Map Numbers 054-151-029, 054-151-030 and 054-1.51-042; Lot 16, Block 13, Atascadero Colony. 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 Councilmember and seconded by Councilmember the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk W0057 Ordinance No 343 Page 3 APPROVED AS rO FORM: ROY A. HANLE , City Attorney PREPARED BY: . STEVEN L. DECAMP, Acting Community Development Director Ab ")00058 1 - .SAVE ATTACHMENT H - indings for Approval Tentative ParceL Map 97004 7930 Santa Rosa Road (Geazhart/Cannon Assoc. ) January 20, 199 ENVIRONMENTAL F LADING: The proposed project will not have a significant impact on the environment. Tae Negative- Declaration prepared for the project is adequate. MAP FINDINGS- 1. The propos d subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3 . The site is physically suitable for the type of development proposed. 4 . The site is physically suitable for the density of the . development proposed. 5. The design of .the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems 8 . The road improvement conditions imposed are necessary to ensure co pliance with the Circulation Element of the General Plan, to ensure . the health, safety, and convenience of the puhlic traveling on and along Santa Rosa Road, .and are an essential- prerequisite to orderly development of the surrounds g area `)00060 ATTACHMENT I - Conditions of Approval Tentative Parcel Map #97004 7930 Santa Rosa Road (Gearhart/Cannon Assoc. ) �. January 20, 1998 CONDITIONS OF APPROVAL: 1 . All Public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the _City Engineer. 2. The applicant shall enter into a Plan Check/Inspection agreement with the City. Prior to recordation of the parcel map, all outstanding plan check/inspection fees shall be paid. 3. The applicant shall obtain an encroachment permit for the public -improvements prior to the issuance of building permits. 4. All public improvements or improvements in the public right- of-way shall 'be secured with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are accepted as complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based -on an engineer' s estimate submitted by the project engineer and. approved by the City Engineer. The estimate shall be based on City standard unit prices. The Guarantees posted for this project shall be approved by the City Attorney. 5. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the Santa Rosa Road property frontage. 6. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 7. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement.. 8. The applicant shall construct all drainage facilities' to City of Atascadero Standards. Each improvement shall be designed so as to not increase the rate of flow of water onto adjacent properties. 9. The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and 1 1)000ujl approval by the /city Engineer prior to the issuance of -a building permit. 10. The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the city Engineez prior to recordation of the parcel map. Road improvements plans shall conform to the requirements of Section 2 "P eparation of Plans" of the .City Standard Specifications. R-value ,testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction -.of the City Engineer. Road improvements shall includ , but not be limited to the following: A. Santa Rosa Road shall be improved from centerline to the property frontage in conformance with City Standard Drawing No. 403 (Rural Collector) contiguous to the entire property frontage, or as approved by the City Engineer. The improvements may require the overlaying of the exi ting pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. B. A 5' wi e offer of dedication shall be provided along the entire Santa Rosa Avenue property frontage. The offer of dedication shall be recorded prior to, or in conjunction with, the parcel map. C. The applicant shall demonstrate that the location of all .driveways required to access the newly created parcels will provide the minimum site distance required by City Standard Drawing No. . 409 for Rural Collector roadways assuming a 45 mile per hour (mph) design speed. The applicarit shall construct the improvements required to mitigate any- site distance deficiencies . 11 . The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. he applicant shall install all final property corners and ttreet monuments, or bond for them, prior to acceptance of the improvements. 12. The applicant shall acquire title or interest in .any off-site land that may be required to allow for the construction of the improvements The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall 'also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 13. The applicant shall provide notice either on the parcel map nt recorded on concurrently with or. or by a separate instrument , y . .. prior to the recordation of the parcel map that there are requirements for off-site and on-site improvements and that 1)00062 construction of the improvements shall be required prior to issuance of building permits or other grants of approval for development of .the parcels. 14 . The applicant shall pay all sewer annexation. fees, prior to the recordation of the parcel map. 15. The applicant shall submit*a written statement from a registered civil engineer that all work has been completed and is in full compliance with the plans accepted by the City Engineer and the Uniform Building- Code (UBC) prior to the final inspection. 16. The applicant shall submit written certification that all survey monuments have been set as shown on the parcel map prior to the final inspection. . 17 . All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 18 . A Mylar copy and a blue line print of the as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection. 19. Individual reflectorized .address signs shall be installed at the intersection of the street and accessway for each lot. 20. This tentative map approval shall expire two .(2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to. the expiration date. " 1)00063 ATTACHMENT B Planning Commission Meeting - January 20, 1998 Page Five of El even B. 2. GENEFAL PLAN AMENDMENT 9.7009/ZONE CHANGE 97008/ TENTATIVE PARCEL MAP 97004 : Consideration of applications filed by Kelly Gearhart (Cannon Associates) to change the Land Use designation of c rtain real property from "Public" to "High Density Single Family" with a corresponding Zone Change from P. . to R F-X which would allow the property to be sub- divi ed into two parcels for residential use. Subject site is located at 7930 Santa Rosa Road. STAFF RECOMMENDATION: (Kelly Heffernon) Staff recommends that the Commission: 1 . Find the project would not have significant adverse effects on the environment and that the Negative Declaration prepared for the project is therefore adequate under the requiremerits of the .California Environmental Quality Act (CEQA) . 2. Recommend to the City Council that General Plan Amendment #97009 be approved through the adoption of Resolution No. 1998-007 . 3. Recommend to the City Council that Zone Change #97008 be approved through the adoption of Ordinance No. 343. 4. Approve Tentative Parcel Map #97004 based on the Findings for Approval contained in Attachment H and the Conditions of Approval contained in Attachment I . Kelly Heffernon provided the staff report and responded to questions from the Commission. Commissioner Zimmerman - asked if it was correct that the existing driveway goes with this property. Kelly said that was correct. He inquired whether the lots in the expanded study area could be divid d if the existing houses were removed? Kelly stated that th y could not be divided because they did not contain the re uired acreage. Commissioner Zimmerman asked why we' re considering making a flag lot as opposed to, having two (2) lots that come out on 'Santa Rosa? He also wanted to know if creating one m re lot would allow for a PD application in the future? Gary iaid that it was usually safest, particularly on collector roads, to limit the number of encroachments on to that busy street; t is design would have the church and the two (2) residences sha ing the same driveway, which would be a safer situation. Ga y continued, stating that a PD would not be ')00064 Planning Commission Meeting - January 20, 1998 Page Six of Eleven allowed in this proposed one-half acre zone. Commissioner Zimmerman was concerned with the ingress or egress to the existing church and the properties in back of the property in question if the proposed flag lot was created. Gary said it was his understanding that the easement pre-dates the parcel map and will continue in effect as it always was as far as maintenance and access restrictions and other provisions. Commissioner Clark - wondered if it wouldn' t still be considered spot zoning when only changing the zoning of 3 lots. He wanted to know what type of boundary defines the difference between each zone.- Gary explained that "spot zoning" is typically zoning in the middle of nowhere; where you would have an Industrial parcel in the middle of° a residential area which would be spot zoning at its extreme. Commissioner Clark said he thought this was selective zoning and was concerned that this applicant was being given an advantage that other people on the sameside of Santa Rosa didn' t have. Commissioner Sauter - felt that instead of changing the zoning and creating two (2) one-half acre parcels which would allow the construction of two residences, it would be more in character with the neighborhood to grant a Conditional Use Permit allowing the applicant to build one residence in the existing Public zone, or extend the RSF-Z zone to this property which would also allow the construction of one residence. Gary said when you subdivide, there is a requirement to improve your street frontage to City _ Standards and eliminate any hazards. There is an existing vertical curve problem at this location which could be corrected by a subdivision but would not be corrected by the construction of a single-family home. Chairman Hageman - asked under what conditions could the City require road improvements for the construction of a single-family home. Gary said that if it was a drastic situation, i.e. , where the applicant wanted to build a new driveway and there were horrendous site distance problems, our. Engineers would probably make them correct it. Commissioner Arrambide - asked if that vertical curve would be mitigated to some extent. John answered that the applicant was required to prove that there was adequate site distance at any driveways created by this subdivision. The design speed for that particular roadway is 45 mph, which is a fairly significant sight distance, so he may or may not have to do work to that vertical curve; that' s something that would be analyzed in the plan review process. W00165 Planning :Commission Meeting - January 20, 1998 Page Seven. of Eleven TESTIMONY: John Falkensti n, applicant' s representative - informed the Commissioners tHat his applicant did not have any issue with the staff report; that he was here to answer any questions the Planning Commission may have. Commissioner Zimmerman - Wanted to know why the applicant was requesting a flag lot instead of two lots facing Santa Rosa, and also inquired if the driveway that extends past the second resi- dence to the church would be closed. John stated that the primary reason for this design is that it avoids another access point on to Santa Rosa Road. Another reason for this particular design is that the land contours are .suitable for residences that would face the northwest. Constructing the, residences in line with these contours would have the least impact on grading and impact on the site. Mr. Falkenstien explained that the driveway that leads to the church would not be closed. The church has an easement over the property and a legal right to use it, and that use will continue. That particular church does have alternative access on Morro Road, . so they do have two (2) access points, but there will be no change in their situation as a result of this subdivision. Mary Hicky, said she lived next door to the proposed project at 7950 Santa Rosa Road - Mrs. Hicky read a prepared statement and a letter from a ixeighbor in opposition to the zone change (attached hereto as Exhibits "A" . and "B") . John 5ti icevi h, 7925 Santa Rosa Road - spoke in opposition to the project saying that the constructionof one house only on the existing lot w uld allow for the view of the hills and preserve the rural feeling that Atascadero has; however, allowing the construction o two homes would dramatically change the character of the neighborhood. Jacquelyn Fadley, 9490 Avenal - was confused by the use of the term "high density". She stated that because of the 'site dis- tance on Santa Rosa Road she would oppose the construction of two homes on the e isting lot. Chris Gilbert, 8275 San Gabriel Road expressed concern that a zone change se --s precedence and may start "a domino effect". He -thought that the confusion over the term "high density" could have been avoi ed by sending public notices to more people and by including a small list of .zoning definitions so that people could see that "high density single family" didn' t actually mean condominiums a d apartments. `)®®066 Planning Commission Meeting - January 20, 1998 Page Eight of Eleven Joan O'Keefe, 9985 Old Morro Road East - thought that the staff report was confusing and was opposed to the zone change because it was not in character with the neighborhood. She felt that staff was trying to justify an action by bringing in the other two parcels. Tim Hickey, 7950 Santa Rosa Road - wanted to go on record saying that his quality of life would be immediately impacted by this project. He feels that there should have been more notification and said that he was concerned with the way this has been handled to this point. Richard Summers, 5340 Magnolia - said he would like some clarifi- cation; that he was confused about the adjacent properties being rezoned to conform with the property that is being split. Gary explained that the applicant owns a 1-acre parcel that' s zoned Public, which he can build one house on with a use permit -but, he wants to build two (2) . He wants to change the zoning to RSF-X, which allows one house on one-half acre. The other two parcels are currently zoned residential but with a 1&i to 2 &- acre minimum (RSF-Z) , so 'staff recommended to include all three parcels in the rezone which brings the adjoining parcels into conformance as they are less than an acre. . . end of public testimony . . . . Commissioner Zimmerman - said that the owners of the two parcels included in the expanded study area have stated that they don' t want their property rezoned. If we' re rezoning .them just to do something for the subject property, that "creates a problem in my mine". He asked if there was anything to gain or any detriment for the two property owners included in this rezone other than bringing- the lots in to conformity? Gary said that at the present time there "isn' t anything on the books" that would affect them either way. Commissioner Zimmerman commented that if they don' t want to be rezoned and there' s nothing in it for them and there' s no harm to them, he' s not sure why we should go ahead and change their zoning. He said that some of the neighbors had expressed concern that if we allow the zoning to "creep" across the street to . rezone these three lots that it will also creep up the hill behind these properties; is that a possibility. Gary, said that "yes, it' s possible for the General Plan to change in the future". Commissioner Zimmerman said that his biggest concern,. at the moment, . was that it made "very poor planning sense" to create a lot where people are zipping back and forth through your front yard. `70006'7 Planning Commission Meeting - January 20, 1998 Page Nine of Eleven Commissioner Sauter -said that the only positive thing about this project waLs the possibility of road improvements. His recommendation was that the subject property be rezoned to RSF-Z, which would allow for the construction of one house, or leave the property zoned as Public, which will allow the construction of one house thro gh the conditional use permit process. It seems to him that re oning the three properties to RSF-X is the very "spot zoning" hat we're trying to avoid; it sets a precedence for a type of iomino zoning. Chairman Hageman - said several of the speakers had-not received notification o this project and inquired whether the City followed legal hearing requirements for noticing. Gary said that we followed all the noticing requirements by printing a notice in the local paper and by sending out notices. Sometimes the notices are returned because of ownership changes or they get lost, but we , do follow all the requirements. Chairman Hageman said she had a couple of problems with this project. She stated that it seems ludicrous to drag two property owners "kicking and screaming" into a rezone that they don' t want. just so the appearance of spot zoning for another person is mitigated. She' s not sure she can make all the findings for creating a flag lot that are in the ordinance. It seems like we' re forcing this piece of property to do something it' s not met to do. One house through a conditional use permit under it' s current zoning or rezoning it tc the RSF-Z, she could support, but cannot support the applicati n for the RSF-X zoning. Commissioner Clark - agrees with Commissioner Sauter and Chair- man Hageman t at this property should only be allowed to have one house and not split to allow for the construction of two. ' He has a problem with bringing the zone change across the street and imposing it or. other landowners. He also doesn' t think that the subdivision request is in character with the neighborhood. Commissioner Arrambide - feels that the dominant use in. that part of Santa Rosa Road is a more commercial application even though the churches are not in a commercial zone. The project as proposed creates a "mini buffer" - a transition -from what I am seeing as a m re commercial application. He said he didn'.t see that it was a blatant miss-application of zoning. I believe there is much miss-information or lack of 'information regarding this project and the related zone changes that perhaps could be mitigated if here could be more enlightened discussion. k `):3®0 8 Planning Commission Meeting - January 20, 1998 Page Ten of Eleven ACTION: Recommend that the project application, in its' present form, be denied and that there be a recommendation that applicant- return with a request to a rezone of RSF-Z or a request for a conditional use permit under the same Public zone. Motion: Sauter Second: Zimmerman AYES: Sauter, Zimmerman, Clark, Hageman NOES: Arrambide ABSENT: Wallace MOTION PASSED: 4 :1 At this point Chairman Hageman opened continued item B.3 for public comment for anyone that might not be able to attend the next Planning Commission meeting of February. 3, 1998. TESTIMONY: None INDIVIDUAL COMMENT " Plann Commission: Commissione Clark — said he appreciated Co issioner Sauter' s view point and omments he made on the 1 item._ Chairman-Hageman - 1 ed staff to the conditional use permit staff report on Albert s to th Commission as soon as possible for their review. Commissioner Zimmerman - oncur with Chairman Hageman' s suggestion that the C ission get e Albertson' s information as quickly as possible He also wanted remind staff that he had requested that w agendize a chance to cuss things that .the Commissionca o; but certainly not on the lbertson' s night. He thanked aff for its help with questions h had today and said he ally appreciated the great job the seb ary had done with t minutes. C firman Hageman -. said she like the new format of the ag as; that it was a' good format. �)O®CG9 EXHIBIT "A" Concerning - �"=W pplication / Kelly Gearhart (Cannon) 930 Santa Rosa Road in the City of Atascadero, San Luis Obispo County, ' State of California (LOt 16, Block. 13, Atascadero Colony - Assessor ' s Parcel 054-151-042) . Hello, Ladies and Gentlemen: Based on this notice of public hearing that came to my household on Sat. Jan. 10th, 1998, and more importantly the fact that I bought my house and moved from a high density family condo project situation that I dreaded, • and purposly moved to wide open space, so much that I signed a 30 year contract, that I wake up for, that I put my life savings into, and live day to day for. . . I was naturally concerned. On Tuesday, January 12th, I called Mr. DeCamp, the person who signed the notice of public hearing, and had made recommendations pertaining to the proposed project. . . and his secretary informed me that DeCamp felt uncomfortable and didn'tnwant to talk to me In because it is a conflict of interest for him to do so. . . . . And .based on the -fact that I was headed to work that evening and was leaving for and extended vacation Wed. morning, I began going door to door, . getting signatures opposing ,"High Density Single Family Housing" , in our neighborhood. i� woYt�S As I went door to door acquiring these names, as well as talking to my friends in the area, I became aware that Kelly Gearhart is known as a "High Density" developer, which is shown over and over. Here is the letter that I received from Mr. DeCamp. It ' s a "Flyer. " It ' s folded into 3 sections and sealed with an address label. . • not on city stationary, not on any stationary, just a piece of informal recycled paper. The notice of change, inside, is confusing and twisted: I ' d like to site, in the first paragraph, the "High Density Single Family" phrase. I had talked to Kelly, at the City of Atascadero, representing herself on behalf of Mr. DeCamp, and she said that it means one house per half acre. BUT, that ' s not what the letter says, and that ' s not what "High Density" implies. After that phone conversation, and finding out that nobody else in the neighborhood had been informed, I took it upon myself to inform my neighbors of the impending project. I continued getting signatures, and invited my neighbors to attend this meeting as well as trying to educate myself to the terms of the notice. The language in the second paragraph is confusing and seems to be contradictor No :;matter how many times I read and re=read this paragraph, I still shake my head. As many of, us, who have read this paragraph, there seems to be equally as many interpretations of its meaning. We cut our vacation short, because of the above information and returned home Sunday to follow up on this situation. Still we hadn ' t gotten any elaboration from the city explaining, exactly, in laymans terms, the intentions of Mr.Gearhart. Monday Evening, - Martin Luther King, Jr. 's Day, a City holiday, my husband and I realized that we knew someone with the city. . . Gary Kaiser. So we called Gary at home, interrupting his family time and he )000=70 took some time to explain some of the "City Lingo" to us . However Gary explained it, _is STILL not how it reads, literally, in the letter. It is important to say 2 homes instead of "High Density" family dwellings - ,it is important to define, RSF-X, and particularily the "X" , as in my mind that represents an algebraic term an undetermined number, a variable. If RMF 16 means residential multi family - 16 units to the property allowed, then RSF-X seems to mean residential single family with "X" units. Why doesn ' t it say RSF-2? On another note, Kelly Gearhart may be trying to rezone my property to RSF-X, along with his. Aside from no desire to subdivide my lot, I ' d never be able to take advantage of it anyhow, based on the size of my lot. This zone change, per , Gary' s description is to change his "Public" lot to one house per half acre. My house is presently zoned RSF-Z, which is one house per one to two-and-a-half acre parcel ' s. We propose, instead of changing my house to fit Mr. Gearharts proposal and jump Santa Rosa Road with a half acre parcel precident, that Mr. Gearhart should be granted a zone change from Public to RSF-Z, and keep the lot sizes on this- "City Block" , if you will, within the General Plan of the city. There are 20ish: acres of publio land west of and attached to our lots and I don't want to setaa precedent of rezoning to half acre lots. The General Plan does not go along with it. Mr. Gearhart ' s requested varience will begin to impose 1/2 acre parcels on this city block if he is allowed to jump Santa Rosa Road. He can cite the housing down from his house on E1 Parque Street - and/or the few .half acre lots on San Gabriel Road, but this housing was grandfathered in to the General Plan when the city was incorporated. ` When the lot next door -had a posted sign of intent to build, I called the city and was informed that one single family, 2, 400 square foot residential home, a spec. house, is scheduled. 17don ' t think anybody would have a problem with a nice single family home going in there; one that followed the pattern of our neighborhood. But the house never went up. Why? When did Mr. Gearhart change? And why no notice to the rest of the neighborhood? It seems to me that the city, and/or Mr. Gearhart should be responsible to send out a letter making clear the intent. . . . And certainly with more notice. Not_t.o-mentiD-n-tha-t--the-zoning-lines have--already--been--set and agreed :to_, Again, I .have a list of signatures here that close to .50 of my neighbors have signed opposing, in your words, "High Density" housing. If Mr. Gearhart means 2 houses, then a notice to all of , these concerned citizens should be sent, mans describing, in la g lay mans exactly what Mr. Gearhart intends to do whis this lot, including a definition and elaboration of the "P" zoning, and a vote being postponed so that these people can have complete information. I prefer that he gets the "use permit" or even that his property be rezoned in accordance with the neighborhood, adapting our existing zoning at RSF-Z which I take to mean one house per 1 22 acres. That goes along with the un3form of this neighborhood making even LESS environmental impact `_,1 - -.f I would like to thank you for letting me speak before you tonight and thank you for the notice that we did get. (/U aj 100071 U/I; , * Changing t e zoni:zg of my house - that I ' d not be able to take advantage 3f the subdivision based on the lot size. I ' d like to know th tax implications of this. * What is th projection of what these homes are going to sell for? * Define the size of these 2 homes.- 100072 omes. 1VV0 / 2 NOTICE OF PUBLIC HEARING A public hearing will be held before the Planning Commission of -the City of Atascadero to consider theapplicationof Kelly Gearhart (Cannon) for General Plan Amendment 97009, Zone Change 97008 and Tentative Parcel Map 97004. The project proposes changing the Land Use designation of certain real property from "Public to "High Density Single Family" and the corresponding Zone Change from P t ` RS F-X. The Community Development Director has recommended that a finding be made that the project, if approved, would not have a significant allvprse effect on the environment. A Negative Declaration has been prepared. iQr°� The subject site is located at 7930 Santa Rosa Road in the City of Atascadero, San Luis Obispo County, State of California (Lot 16, Block. 13, Atascadero Colony - Assessor's Parcel # 054-151-042) . Said public hearing will be held before the Planning Commission on Tuesday, January 20, 1998 at 7:00 pm in the Rotunda Room of the City Administration Building, 6500 Palma Avenue, Atascadero. Any interested person may attend this meeting and express any comments and/or concerns they may have regarding the project and/or the recommended environmental determin tion. Dated: " January 8, 1998 eve DeCamp, Acti g Director Community Development Department City of Atascadero -)000'73 To: The City of Atascadero Community Development 6500 Palma Avenue Atascadero, - California 93422 Attn: Mr. Steve DeCamp, Acting Director Community Development Department City DE Atascadero RE: Varienca application / Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. DeCamp and to Whom it may Concern: This a statement in o pposition to the var�6e application, as noted above, which would enable high density housing to proliferate our neighbor ood. NAME ADDRESS C% 9s7) y�7S G 71400 Z; 7�- i00 Re VC __j To: The City of Atascadero Community Development 6500 Palma Avenue Atascadero, California 93422 Attn: Mr. Steve DeCamp, Acting Director Community Development Department City of Atascadero RE: V:a=!B4i-6e ftpplication / Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. DeCamp and to Whom it may Concern: This a statement in opposition to the Zax-i-ance application, as noted above, which would enable high density housing to proliferate our neighborhood. NAME ADDRESS R<�Vfil Ci W001,75 To: The Cit of Atascadero Communi y Development 6500 Pa ma Avenue Atascadero, California 93422 Attn: Mr. S eve DeCamp, Acting Director Community Development Department C1 CIf Atascadero RE: '. VaT4snT6e application / Kelly Gearhart (Cannon) 7930 Sa to Rosa Road, Atascadero, CA 93422 To Mr. DeCamr and to Whom it may Concern: This a statement in opposition to the vie ,application, as noted above, which would enable high density housing to proliferate our neighborhood. NAME ADDRESS G f U-i S2 S- S N6PS P,z-- -� 4&-� P tyl/3PEFte Y /<44--�T `8 2 7 SS -Yl f-04-e7 / 46 I)OOOVG To: The City of Atascadero Community Development 6500 Palma Avenue Atascadero, California 93422 Attn: Mr. Steve DeCamp, Acting Director Community Development Department City of Atascadero RE: ,t; \Japplication/Kelly Gearhart (Cannon) .7930 Santa Rosa Road, Atascadero, CA 93422 To Mr. DeCamp and to Whom it my Concern: This is a statement in opposition 'ti - the ver anee application, as noted above, to re-des.ignate certain real property from "Public" to "High Density Single Family" and the corresponding Zone Change from "P" to "RSF-X" . CY K6 Ckz - 7 i IM0077 , To: The City of Atascadero CommunityDevelopment 6500 Palma Avenue Atascade o, California 93422 Attn : Mr. Steve DeCamp, Acting Director Community Development Department City of Atascadero RE: V'a application/Kelly Gearhart (Cannon) 7930 Santa Rosa Road, Atascadero, CA 93422 ' To Mr. DeCamp and to Whom it my Concern: This is a statement in opposition Win- the �e application, ,as noted above, to re-designate certain real property from "Public"_ to "High Density Single Family" and the corresponding -one Cha ge fr " 11 to "RSF-X" . X)0078 iEXHIBIT "B" II O - 378 Ot -- -- MCC G� _ cam" i4..�- • _ ._ _ __ J / XO�' 1972- GJ-e..74P- :--. - - --- F --- - -- - - __ - - -- _. - --- - ------ 9z�-- 1)000179 ATTACHMENT C RESOLUTION NO. 1998-003 A RZSOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DENYING AN AMENDMENT TO THE LAND USE MAP TO CHANGE THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 7930 SANTA .ROSA ROAD FROM PUBLIC TO HIGH DENSITY SINGLE FAMILY (GENERAL PLAN AMENDMENT 97009) WHEREAS, General Plan Amendment #97009 was denied by the Planning Commission following a Public Hearing held January 20, 1998; and WHEREAS, another Public Hearing was held before the City Council on February 10, 1998 to consider said Planning Commission action; and WHEREAS, t the February 10, 1998 Public Hearing, the Council found as follows: 1 . The proposed General Plan Amendment is inconsistent .with the goals .and policies of the General Plan. 2. The proposed. General Plan Amendment would be Inco sistent with the character of the immediate. neighborhood or contrary to its orderly development. NOW, THEREFORE, the Council of the City of Atascadero does hereby deny Ge eral Plan Amendment #97009. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: 1)00080 Resolution No. 1998-003 Page 2 DATE ADOPTED: CITY OF ATASCADERO, CA HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director 1)0006 . i ATTACHMENT D CI TI OF ATASCADER O ,lits+ rA it ;,;,;, �„�, ED ONMEN , TAL COORDMATO � A ,' NEGATIVE DECLARATION COAC IU=DEVELOPMENT D EPT. 6500 PALIMA AVE. ATASCADERO. CA 93422 (805) 461-5035 APPLICANT: KELLY GEARH RT 6205 ALCANT RA ATASCADERO, CA 93422 PROJECT TITLE: GENERAL PLAN AMENDMENT 497009, ZONE CHANGE #97008 AND TENTATIVE PARCEL MAP #97004 PROJECT LOCATION: 793 SANTA ROSA ROAD PROJECT DESCRIPTION: ,ONE CHANGE FROM P (PUBLIC) TO .RSF-X (RESIDENTIAL SINGLE FAMILY), GENERAL PLAN AMENDMENT FROM PUBLIC TO HIGH ENSITY SINGLE FAMILY, AND TENTATIVE PARCEL MAP TO DIVIDE HE 1 . 08 ACR.E SITE INTO 0 . 5 AND 0. 58 ACRES . FINDINGS: 1. The project does not have the potential to degrade the environment 2. The project will not act ieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited. but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERNMATION: Based on the above Endings. and the information contained in the Initial study (made a part hereof by refer- ence and on Ele in the Communi Development Department). it has been determined that the above project will not have an adverse impact o a the environment STEVEN L. DECAMP CITY PLANNER : ? Date Posted: DECEMBER 30 1997 DIS Adopted:- cm 11-89 `)06082 ATTACHMENT E RESOLUTION NO. 1998-008 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 7930 SANTA ROSA ROAD FROM PUBLIC TO LOW DENSITY SINGLE FAMILY (GENERAL PLAN AMENDMENT 97009) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared in the 19701s, adopted in 1980, and amended in 1992 to guide the City's general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on January 20, 1998; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as , follows: 1 . The proposed General Plan Amendment is consistent with the goals and policies of the General Plan. 2. The proposed General Plan Amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA #97009 as follows: 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A Resolution No. 1998-008 Page 2 • On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA HAROLD L CARDEN III, Mayor ATTEST: MARCIA M. TORG RSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director . i -)00084 ATTACHMENT F ORDINANCE NO. 344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 7930 SANTA ROSA ROAD FROM P (PUBLIC) TO RSF-Z (RESIDENTIAL SINGLE FAMILY) (ZONE CHANGE 97008) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not result in a significant adverse effect on the environment - the Negative Declaration.prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on January 20, 1998 and has recommended approval of Zone Change 97008 . NOW, THEREFORE, the Council of the City of Atascadero does -ordain as follows : Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning designations. 2. The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts . The Negative Declaration prepared for the project is adequate. Section 2 . Zoning Map. The City' s official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit�A`which is hereby made a part of this ordinance by reference: Ordinance No. 344 Page 2 Assessor' s Parcel Map Number 054-151-042, Ptn. lot 16, Block 13, Atascadero Colony. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascad ro 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 Councilmember and seconded by Councilmember the foregoing ordinance is hereby adopted in its entirety on the following roll -call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. T RGERSON, City Clerk 1)00086 I Ordinance No. 344 Page 3 APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director • 1)0008'7 j a•-�i•�. �� �� �► 11 �1.���► III w / ILI flit, � � 1 ♦ 1 ATTACHMENT G TENTATIVE PARCEL MAP. 9700� 7930 SANTA ROSA ROAD FEBRUARY 10;' 1998 CONDITIONS OF APPROVAL: 1. All Public .improvements' shall be constructed in _'conformance with the City of Atascadero- Engineering Department .Standard Specifications and Drawings or as. directed :by: the..City Engineer: ; 2. The, applicant shall enter into a Plan Check/Inspection agreement with the• City.. , Prior to recordation of the parcel map, all outstanding plan check/inspection, fees shall be paid. : 3. The applicant shall obtain 'an encroachment permit for the public. improvements prior to the- issuance ,of building permits. 4. All -public improvements or improvements in the public right- of-way shall 'be secured with a 100W Performance Guarantee and a 50$ Labor and Materials Guarantee until the improvements ,are accepted as complete by the City Engineer.. .Prior tothe final inspection of the improvements, and before , the• other. . guarantees mentioned in this condition are -released, a 101% 'Maintenance Guarantee shall be• posted to cover, the.. improvements for a period of .1. year .from. the date of .the.- final inspection. The .guarantee. amounts shall be based :on an engineer's. estimate submitted by the proj ect -engineer' and. approved by, the City Engineer. :The estimate shall be based on .City standard unit prices.. The Guarantees posted. for this project shall be, approved'bg_the .City Attorney: 5. A six (6) foot Public Utility Easement (PUE) -shall be provided contiguous to the Santa Rosa Road property. frontage: 6. The. applicant shall be responsible for the relocation "and/or alteration- of existing--.utilities.. Z. The applicant shall install .all new utilities-. '(water,' gas, electric, cable TV and telephone) underground. Utilities ' shall be extended to the property- line•. frontage- of each lot or its public utility easement. 8. The applicant shall construct all drainage facilities. to City of_Atascadero Standards- Each:-improvement, shall. ,be designed so as .to- not increase the. rate. o.f flow ,of water. onto adjacent properties.- 9 roperties:9. The applicant shall submit a grading and drainage- plan,• prepared by a registered. civil engineer, for 'review and' . ') 0989 approval by the /city Engineer prior to the issuance of -a _ building permit. 10. The applicant shall 'submit road improvement plans prepared by a registered civil engineer for review and approval by the city Engineer prior to recordation of- the parcel map. Road , improvements plans shall conform to the requirements of Section 2 "Preparation- of •Plans". of the -City Standard Specification . R-value -testing. shall be done,. and the pavement section designed by, a registered civil engineer to the satisfaction %of the City' Engineer. Road Improvements shall include but not be limited. to the following: A.' Santa R sa Road shall be 'improved .from centerline tothe property frontage .in conformance with City Standard Drawing ITo. 403 (Rural Collector) contiguous to the entire pioperty frontage, oras approved by the City. Engineer The improvements -may 'require the overlaying of the exising pavement to remedy an inadequate structural section Ir to' .remedy a deteriorated paving surface. Transiti ns . shall be constructed where required .to achieve a smooth join with existing improvements.. iB. A -5' wi offer of dedication shall be. provided along the entire S nta Rosa Avenue. property. frontage. The , offer of dedication shall be recorded prior' to, or, in. conjunction with, the parcel map. . C. ' The applicant shall "demonstrate- that 'the location of'-all ' driveways required to access the newly created parcels will pro ide ,the minimum site: distance required by City Standard' Drawing No. .409 .for Rural .Collector .roadways assuming a 45 mile per hour (mph) .design speed.: The applican shall• construct the improvements required .to mitigate -any- site distance deficiencies. 11. The applicant. shall monument all property corners for construction control and shall promptly replace them if disturbed. The applicant shall install all final property corners andstreet monuments, or bond. for. them, prior' to acceptance' of the improvements:. 12. The applicant shall acquire title or interest in •any off"-site land .that may be- required. to allow for the construction of the improvements.. The applicant shall.-bear-- all costs: associated with the nece. sary acquisitions The applicant- shall also gain concurrence from all adjacent property owners whose ingress or eg ess .is .affected by .these-improvements. 13. The applicant shall' provide •notice ' either* on the parcel map or by a separate instrument recorded. on, concurrently with, or,. prior to the zecordation of the' parcel map that there- .are requirements or off-site and on-siteimprovements and that W0090 construction of the improvements shall be required prior' .to issuance of building permits or other. grants of approval- for development of -the parcels: 14. -The applicant shall pay all sewer annexation fees,. prior to the recordation of the parcel map. 15, The applicant shall submit *a written statement -from .a registered civil engineer that all work has been completed and is in .full compliance with the 'plans accepted by ,the City Engineer and the Uniform .Building- Code .-(UBC), prior to the final inspection; 16-. The applicant shall `submit'-written certification that 'all survey monuments have been set as shown on the -parcel map prior to the final inspection. . . 17. All existing and proposed utility, pipeline, open space, or : other easements are to be shown on the- parcel map. If there are building or other restrictions related .to the easements, they shad be noted on thefinal_ map- _. 18. A Mylar copy and a blue aline print of the as-built - improvement plans, signed.by the registered engineer "who prepared the plans, shall be -provided to the City- Engineer .prior to the final inspection. 19. , Individual-`reflectorized .address signs shall be installed at the intersection of the street and accessway for -each` lot. : '20. This tentative map approval shall expire two .(2)- years from the date ,of ,final approval unless an extension of time is_ granted pursuant to .a written request received prior to. the expiration date - 100007. ATTACHMENT- H RESOLUTION NO. 1998-010 A; SOLUTION OF THE COUNCIL OF THE CITY OF ATASCADE DENYING A TENTATIVE PARCEL MAP TO SUBDIVIDE RESI ENTIAL PROPERTY AT 7930 SANTA ROSA ROAD (TPM #97004) WHEREAS, Kelly Gearhart has applied for a Tentative Parcel Map application to divide a 1 .08 acre lot located at 7930 Santa Rosa Road into two (2) new parcels of 0.5 and 0.58 acres as shown on Exhibit "A" and WHEREAS, the site is located in the Public (P) zoning district which conditionally allows one single family residence per two and one-half (2 .5) acres thereby not allowing the proposed subdivision and density; and WHEREAS, Tentative Parcel Map #97004 was denied by the Planning Commission following a Public Hearing held January 20, 1998; and WHEREAS, another Public Hearing was held before the City Council on February 10, 1998 to consider said Planning Commission action; and WHEREAS, ELt the February 10, 1998 Public Hearing, the Council found ELS follows: 1 . The proposed subdivision is inconsistent with the goals and policies of the General Plan. 2. The proposed- Tentative Parcel Map would be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. NOW, THEREFORE, the Council of the City of Atascadero does hereby deny Tentative Parcel Map #97004 . On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: r ABSENT.. W0092 Resolution No. 1998-010 Page 2 DATE ADOPTED: CITY OF ATASCADERO, CA HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DeCAMP, Acting Community Development Director 100093 EXHIBIT A Resolution No. 1998-101 Tentative Parcel Map #97004 February 10, 1998 30 J. 1Z .. 1T7�f dt _sac ✓*'"1 4F 70©`94 ITEM NUMBER: C - 1 DATE: 02/10/98 ■ all o n ie e City Mana er's Agenda Report Wade G. McKinney 997-98 MID YEAR BUDGET REVIEW RECOMMENDATION: Staff recommends adopting Resolution 1998-009 Amending the 1997-98 Budget (Resolution-62-97) DISCUSSION: Background The Annual Operati g Budget was approved by the City Council on June 24, 1997. Since the budget w is approved, there has been many changes to the City organization. The new City Manager started in August, an Acting Finance Director, Police Chief and Co munity Development Director were appointed and several capital projects were added. As the organization has dealt with these changes, some budget adjustments are needed. Initially City Staff intended to present a financial strategy tc Council as part of the mid year budget process. However, as the strategy is being developed it is difficult to correlate the basic assumptions used in the budget with 1hose that would be proposed in the financial strategy. Therefore, Staff has disengaged the mid year review from the financial strategy. The strategy will be presented to Council and will be the basis of the 1998-99 Annual Operating B dget. Financial Status General Fund reven jes are up by approximately $272,000 from the previous year. This is primarily du to a $118,000 increase in property taxes and a $99,400 increase in sales tax over the previous year. Most other major revenues are up, with the exceptionof construction permits, which is down slightly. General Fund expenditures are currently right on target. Through December 31 , 1997 the City has expended 48.40/6 of its General fund operating appropriations and 45.2% of General Fund total appropriations. Revenues and appropriations for other funds including the Gas Tax, Wastewater and Impact Fees Funds appear to be coming in as budgeted. ')00095 ITEM NUMBER: C - 1 DATE: 02/10/98 General Fund Staff is anticipating $160,915 increase in budgeted General Fund Revenues primarily due to a $100,000 increase in projected interest income. As the General Fund's cash position is has been better than expected, interest income for the first half of the year exceeds the budgeted figure by $36,650. Staff is also proposing a $155,480 increase in budgeted General Fund Expenditures to deal with the changes to the organization. This represents an increase of less than 2%. The additional expenses include $58,195 for maintenance and repairs (including mandatory elevator upgrades, pavilion deck repairs, and general maintenance at City Hall). Also included in the increase is $57,155 in AB3229 grant expenditures and a $50,000 contingency fund. This fund is to be used at the City Manager's discretion for emergency repairs or other unbudgeted items that arise during the remainder of the fiscal year. The adjustments to personnel cost are primarily a result of a flaw in the system to distribute the workers compensation costs given to the City by the risk management agency. This problem caused the personnel costs to be under funded. This error has been corrected and funds have been transferred to cover the expense. However, had this problem been avoided the need for any budget adjustment would have been significantly reduced. The current proposed budget adjustments leave an annual budgeted reserve of $299,375. Special Funding Requests The adopted budget did not include funding for Civic/Non-Profit Agency Organizations. The Council directed that Special Funding Requests be reconsidered at mid-year budget review. The requests were as follows: Friends of the Library $ 35,000 Humane Society Spay/Neuter 5,000 Literacy Council 3,300 Business Improvement Association 10,000 Total $ 53,300 Although each of these requests is important, Staff recommends that these requests not be funded at this time. City Staff is optimistic about the financial condition, but it is essential to have a financial strategy in place before extending into these areas. Staff is in the process of assessing organizational needs, deferred maintenance costs, unfunded liabilities and other necessary future costs. Other Funds The adopted budget did not include the Community Development Block Grant Fund. An adjustment is proposed to budget for this fund. The adjustments include revenues equal to all CDBG funds remaining at June 30, 1997 ($424,570) and ')00096 ITEM NUMBER: C - 1 DATE: 02/10/98 • appropriations equ I to the remaining funds for each project ($424,570). (The Council has approvE d the projects as part of each year's CDBG cycle.) Other major changes include changes made to the capital projects schedule. Changes include the addition of the Azucena Drainage Project, a LED Traffic Light Replacement Project, the Lake Park Spillway Project, and several grant funded projects. Several adjustments are proposed in order complete the projects with funds available. FISCAL IMPACT The proposed adjustments increase General Fund Revenues by $160,915 ,and General Fund Appr priations by $155,480. Revenues for other funds are to be increased by $483, 70 and appropriations by $575,065. ALTERNATIVES: Council has the option to add or delete any budget item. This will decrease or increase the remain ng reserve balance at June 30, 1998 by the amount adjusted. RESPONSIBLE DEPARTMENT: Finance . ATTACH EMENT."31: Resolution 1998-009 Revenue and Expense Summary- December 31 , 1997 Mid Year Budget Adjustments 1)00 9 7 RESOLUTION NO. 1998-009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,CALIFORNIA AMENDING 1997-98 FISCAL YEAR BUDGET RESOLUTION 62-97 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero that the Fiscal Year 1997-98 Budget is amended as follows: SECTION 1. The revenue and appropriation amounts for each fund are adjusted by the amounts shown in Exhibit A,made a part of this resolution. SECTION 2. These changes are effective immediately upon adoption of this resolution. On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: CITY OF ATASCADERO By: HAROLD L. CARDEN,III Mayor ATTEST: MARCIA M.TORGERSON, City Clerk APPROVED AS TO FORM: ROY A.HANLEY, City Attorney EXHIBIT A 1997-98 1997-98 Adopted Adjusted Budget Adjustments Budget REVENUES Taxes $ 5,315,800 $ 5,315,800 Permits&Fees 256,400 (45,000) 211,400 Intergovermental 1,241,823 68,215 1,310,038 Charges for Servicc s 838,650 - 838,650 Fines&Forfeitures 51,820 51,820 Revenues from Use of Money 25,000 100,000 125,000 Other Revenues 114,985 37,700 152,685 Total revenues $ 7,844,478 $ 160,915 $ 8,005,393 EXPENSES BY DEP kRTMENT City Council $ 25,390 $ 6,550 $ 31,940 City Clerk 51,210 4,300 55,510 City Treasurer 4,300 (260) 4,040 Legal and Code E rcement 123,920 14,310 138,230 City Manager 149,570 41,030 190,600 Personnel and Reci uitment 59,490 2,650 62,140 Finance 189,080 1,610 190,690 Risk Management 278,470 4,980 283,450 Non-Departmental 600,280 (12,190) 588,090 Police 2,307,420 25,700 2,333,120 Police-Grants&S ial 267,703 (9,385) 258,318 Fire 1,353,925 13,880 1,367,805 Weed Abatement 40,000 100 40,100 Comm.Development Admin. 148,530 (31,520) 117,010 Planning 238,970 (16,460) 222,510 Building 173,130 (220) 172,910 Engineering 140,650 140,650 Comm. Services A Jmin. 95,120 (3,150) 91,970 Recreation 351,320 (2,480) 348,840 Parks 306,320 13,280 319,600 Lake Pavilion 83,400 6,425 89,825 Zoo 337,770 700 338,470 Building Maintena nce, 176,570 45,630 222,200 Reserves&Contingencies 323,000 50,000 373,000 Transfers Out 18,000 18,000 Total expenses $ 7,843,538 $ 155,480 $ 7,999,018 Page 1 of 3 W0099 I EXHIBIT A 1997-98 1997-98 0 Adopted Adjusted Budget Adjustments Budget GAS TAX FUND Revenues $ 470,000 $ 49,860 $ 519,860 Expenditures 476,070 190,140 666,210 COMMUNITY DEVELOPMENT BLOCK GRANT FUND Revenues - 424,570 424,570 Expenditures - 424,570 424,570 TRANSIT/DIAL-A-RIDE Revenues 439,610 15,000 454,610 Expenditures 439,610 15,000 454,610 WASTEWATER OPERATIONS&FACILITIES Revenues 1,584,220 - 1,584,220 Expenditures 2,282,040 10,000 2,292,040 CAPITAL PROJECTS FUND Revenues 1,480,910 (6,360) 1,474,550 10 Expenditures 1,504,160 (50,085) 1,454,075 LOCAL TRANSPORTATION FUND-NON TRANSIT - Revenues 95,080 - 95,080 Expenditures 224,690 8,500 233,190 SIDEWALK IN LIEU FEES Revenues 2,500 - 2,500 Expenditures 36,850 - 36,850 AMAPOA/TECORIDA DRAINAGE FUND Revenues 20,000 - 20,000 Expenditures 146,510 21,000 167,510 GROWTH MITIGATION-STREETS&BRIDGES IMPACT FEES Revenues 75,000 - 75,000 Expenditures 628,790 (11,800) 616,990 GROWTH MITIGATION-DRAINAGE IMPACT FEES Revenues 41,500 - 41,500 Expenditures 305,440 (32,260) 273,180 Page 2 of 3 ')00100 EXHIBIT A 1997-98 1997-98 Adopted Adjusted Budget Adjustments Budget POLICE IMPACT FEES Revenues 21,000 - 21,000 Expenditures 21,000 - 21,000 FIRE IMPACT FEES Revenues 46,500 - 46,500 Expenditures 35,680 - 35,680 PARKS&RECREATION IMPACT FEES Revenues 75,500 - 75,500 Expenditures 37,400 - 37,400 STREET MAINTENANCE DISTRICTS FUND Revenues 3,600 - 3,600 Expenditures - - - TREE PLANTING FUND Revenues - - - Expenditures 2,000 - 2,000 Page 3 of 3 "'UC31aI 0 Q ry ry W 75 W � CY) � 06 W w ry U w • '>OOY02 e e e o e e e e e e e e e e e e e e e t9 tp 01 N 00 et O N P• M 0� 01 00 O 0! r M t0 �!'� j Q ti ul 0D (a .0O h co 0) co O ti N et Ln t` M ti co Z tG Lf! 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W I-- t/ Q 0O W F- g x In w a W D 0 0 0 Fw00 0- W N N N W C7 � p a O0 6s 6s ca (a to N , z LU � c Q c 0 0 0 o 0 (D F w N N N a O O p • m Z m m p U) LL ai m LL. > N a E Z Z m W v m L c LL Z J w o GG .iW w a, _ �w w� w Z g M N N F row O O a � 0 8 8 8 c " m y N « y�a U gQ 8y ep 8N N S 5 O O O GW 5 N O O Ell M y M its � F m N N M N N $$ K A Q 5p 8 $ 8 8 E s O 1� O O 1q O 01 N p N N A N p 5N$ N N i n � $ N 0 $f p gN Q y� 4 S2 M N g 8 LL of 25 2S S 25 9 g o — �€ y �i 9 � m LL O f 0 Y y y N m ' ��y■ P N M1 lm�! h N 98 N 99 O N .l yO O~ O R N '- Y N V O N ♦ P N f 1� A lh N m 111 �- �- t'1 a) ' � O � Zddd"' g � �j c W W 0 F— m c 0 _Y o ° ,? > m ca > CL _ a- o cLi . o. ti N ° 0 a n a) 3 _ WE E _rn c oo > E s > U) o 3 m ca ° ca 3 _0 0 m c c U ami o 'c `� � co c cn a 3 ca n co E oE m 3 .� E v, c a) o CL ca 0 N cc ca w ° O c a o 3 3 o > a O a) 0 a) Y c 0 O 0 m (Do) Co c m m )CIO f0 O a) >+ a) E- a) ° t. E o m c ca r- 0)o 0 w ca 0)) E aU ac) a>i -° I c cu o w c`a c E a ca d Q r. - ca E v a) 0 0 3 E o w m ° m 0 0 0 c - w ca � w az voi c a) co ° CL a) .: m 0 E 0 a) n c c m ° ca m a) 0 aci c r a CL -° ca > 0 0 ON 00 ° a, 0cc w .� cu m 3 L_ m a) O a = o o ca o 0 0 3 a a) 3 o c CO c �c c) o m 0 O .cam 0 v c 0 � ° Y - 61), ` a3 i C W U) Y O ca O N � N _0 c O V a) z C) W U .� 0 co > 'O OO. > .Oc 0 ,cam. O` (a 0 O 'O W ca to �. n — c J O 1 1a) 0 C > C C O co ° �, a (D 3 as 3 ns vi Cl) cu > o 0 w Y H w .� 0 Co ca F.. 3 v) a) C �, 3 Q w ats c = rn O C� o 0 a a cc c H a a o 0 c .ca c W ° _ o. rn ca w " 0 °) 0 E —� e? -c 'm o Q _ w ° 0 n3 0 «' ° � o 0 ..� .m d OC � - R. c c v1 z t F o a ° X z 0 } y cu o c O Q c M c 0 0 c o O �. O N N O "' z 0 = — O = c O J V c C.)) > aEi o 3 w a) N x o cc o Z Co Q c o J >. H ° w o o Co m a� ao) E U m Q f= ° n w a) Z a a y N CL n w a 0 ° o Q w o f z � . 0, o0. m w m Q 3 U a 0 V ac 0) o Co 3 �.. � � . a a) a N � a Z Q m Q w -a L 3 w cU n 0 a, 0 3 Z � a°i 9 a) 0 J o ° m = 0c } = mom ; N n O J > 2 a z LL 0 0 3 Q 3 w m N a) � w 0 c 3 J m L) o � z j c a 0 = w Q 5 m 4)) a) m Ca V m m Co O w S a) w 2E cn 2 Vas o ° M 'o � E omo V N m N ca N H > c Q Q ° LL a. � a) n v c 0 c c Q Q c im c 0 to 0 to c z N r y O a) Q O H m ° 0 0 0 -0 J r Y :c > �' Q � 0 'X Q U m U N a a. v7 U U ca W CO H o o 1) 30128 ITEM NUMBER: ■ ■ " DATE: 02/10/98 MRS Y9 a a CADF,� City Manager's Agenda Report Wade G. McKi iney Information Bulletin A. EMPLOYEE UPDATE Nathan Moore P/Time Reserve Firefighter Resigned 01/05/98 Steve Marquez F/Time Police Officer Separation 01/21/98 Cody White P/Time Service Worker Hired 01/27/98 Dennis Hegwood F/Time Police Chief Hired 02/02/98 700129 .