HomeMy WebLinkAboutAgenda Packet 10/26/1999 AGENDA
ATASCADERO CITY COUNCIL MEETING
TUESDAY, OCTOBER 26, 1999, 7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REDEVELOPMENT AGENCY, 6:30 P.M.
CLOSED SESSION: (Immediately following Redevelopment Agency Meeting)
1. Conference with legal counsel [Govt. Code §54956.9]
Existing litigation:
Atascadero Unified School District v City of Atascadero
2. Conference with legal counsel [Govt. Code §54956.9]
Potential litigation:
Plaintiff. City of Atascadero
Real party in interest: Dan Mackey
Threatened litigation:
Pacas v City of Atascadero
3. Performance Review: City Manager (Govt. Code § 54957.6)
REGULAR SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Mayor Johnson
ROLL CALL: Mayor Johnson
Mayor Pro Tem Arrambide
Council Member Clay
Council Member Luna
[Vacancy]
APPROVAL OF AGENDA: Roll Call
• ADMINISTRATION OF OATH OF OFFICE:
City Clerk Marcia McClure Torgerson will administer the Oath of Office to new Council
Member Wendy Scalise.
PRESENTATIONS:
1. Proclamation declaring October 24-31, 1999, "Pornography Awareness Week." •
COMMUNITY FORUM:
(This portion of the meeting is reserved for persons wanting to address the Council on any
matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to
five minutes. Please state your name and address for the record before making your
presentation. The Council may take action to direct the staff to place a matter of business on a
future agenda.)
COUNCIL ANNOUNCEMENT AND REPORTS:
(On their own initiative, Council Members may make a brief announcement or a brief report on
their own activities. Council Members may ask a question for clarification, make a referral to
staff or take action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
A. CONSENT CALENDAR: Roll Call
(All items on the consent calendar are considered to be routine and non-controversial by
City staff and will be approved by one motion if no member of the Council or public
wishes to comment or ask questions. If comment or discussion is desired by anyone, the
item will be removed from the consent calendar and will be considered in the listed
sequence with an opportunity for any member of the public to address the Council
concerning the item before action is taken.)
1. City Council Minutes— September 28, 1999
■ City Clerk recommendation: Council approve the City Council minutes of September
28, 1999 [Marcia McClure Torgerson]
2. City Council Minutes—October 12, 1999
■ City Clerk recommendation: Council approve the City Council minutes of October
12, 1999 [Marcia McClure Torgerson]
3. El Centro Oaks—Zone Change 97005 (8605 El Centro Road—Andrew Charnley/Frank
Henderson)
■ Fiscal Impact: None
■ Staff recommendation: Council introduce for second reading by title only Ordinance
No. 366, approving Zone Change 97005, changing the zoning of the site from RSF-X
to RMF-16 (PD-7) [Community Development Department]
4. No Parking Zone on Larga Avenue
■ Fiscal Impact: Approximately$1,000.00 from Street Division funds.
■ Staff recommendation: Council approve Resolution No. 1999-064, establishing a No
Park Zone on Larga Avenue. [Community Services Department]
•
2
5. 3-way Stop Intersection at Traffic Way, Carrizo and Santa Cruz Road
■ FiscalImpact: $400.00 from Street Division funds
■ Staff recommendation: Council adopt Resolution No. 1999-063, establishing a three-
way stop at the intersection of Traffic Way, Carrizo Road and Santa Cruz Road.
[Community Services Department]
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
L State Hospital Expansion—Consideration of reviewing options
■ Fiscal Impact: None. Future studies would identify both costs and benefits to the
community.
■ Staff recommendation: Council request the State to consider expansion of the
Atascadero State Hospital. [City Manager's Office]
2. Community Survey— Second phase/random sample survey
■ Fiscal Impact: $16,765.00, included in City budget
■ Staff recommendation: Council authorize the City Manager to enter a contract with
Godbe Communications to perform a Community Survey [City Manager's Office]
3. Local Option Sales Tax Program—Appointment to Regional Steering Committee
■ Fiscal Impact: Staff and Council time.
. Staff recommendation: Council appoint member to Regional Steering Committee.
[City Manager's Office]
4. Atascadaero State Hospital / Chalk Mountain Golf Course San Luis Obispo County
Annexation Agreement (ANX 99001)
■ Fiscal Impact: Positive
■ Staff recommendation: Council approve the annexation, sharing agreement and
consent to annex property agreement with San Luis Obispo County. [Community
Development Department]
5. Information Bulletin
D. COMMITTEE REPORTS:
(The following represent standing committees. Informative status reports will be given,
as felt necessary):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
2. Finance Committee
3. Water Committees:
a. SLO County Flood Control & Water Conservation District Water Resources
Advisory Committee
b. Nacimiento Water Purveyors' contract Technical Advisory Committee
C. North County Water forum
4. Integrated Waste Management Authority
5. North County Council
6. Air Pollution Control District
7. County Mayor's Round Table
8. Economic Vitality Corporation, Board of Directors
9. City/ Schools Committee
10. Economic Opportunity Commission •
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
F. ADJOURNMENT:
THE NEXT CITY COUNCIL REGULAR SESSION IS SCHEDULED ON NOVEMBER
9, 1999, AT 7:00 P.M.
•
Please note: Should anyone challenge any proposed development entitlement listed on this
Agenda in court, that person may be limited to raising those issues addressed at the public
hearing described in this notice, or in written correspondence delivered to the City Council at or
prior to this public hearing.
4
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
• GENERAL INFORMATION
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 208), and in the Information Office(Room 103),
available for public inspection during City Hall business hours. An agenda packet is also available for
public review at the Atascadero Library, 6850 Morro Road.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
a City meeting or other services offered by this City, please contact the City Manager's Office, (805)
461-5010, or the City Clerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting
or time when services are needed will assist the City staff in assuring that reasonable arrangements can
be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject,
staff will give their report, and the Council will ask questions of staff. The Mayor will announce when
the public comment period is open and will request anyone interested to address the Council regarding
the matter being considered to step up to,the podium. If you wish to speak for, against or comment in
any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address
• Make your statement
• All comments should be made to the Mayor and Council
• All comments limited to 5 minutes (unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity
to do so, and no one may speak more than twice on any item.
The Mayor will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM",the Mayor will call for anyone from the audience
having business with the Council to:
• Please approach the podium and be recognized
• Give your name and address
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30
minutes will be allowed for Community Forum(unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager ten days
preceding the Council meeting. Should you have a matter you wish to bring before the Council, please
mail or bring a written communication to the City Manager's office in City Hall prior to the deadline.
"PORNOGRAPHYAWARENESS WEEK"
October 24— October 31, 1999
WHEREAS, The United States Supreme Court has repeatedly ruled that
obscenity is not protected speech under the First Amendment; and
WHEREAS, Pornography inflicts tremendous suffering and damage to
individuals,families, children, business districts, communities and our nation; and j
WHEREAS, In this era of escalating violence, pornography features and
promotes sadomasochism, rape and incest; and
WHEREAS, There are state and federal obscenity laws on the books to
protect public safety, public morality and public health; and
WHEREAS, The exploitative depiction of men, women and children through
pornographic imagery contributes to the rise in incidents of rape, child molestation,
spousal abuse, serial rape, murders and other similar tragedies; and
WHEREAS, There is an increasing concern over the unrestricted access of
pornography to patrons in public libraries and students in public schools libraries;
and
WHEREAS, Public morality is the business of the entire community and an
awareness that pornography is damaging our moral environment must engender
motivation by all citizens to support efforts to ensure that Atascadero has
constitutionally valid anti pornography laws;
NOW, BE IT THEREFORE RESOLVED, That I, Ray Johnson, Mayor of
the City of Atascadero, do hereby proclaim the week of October 24 through October
31, 1999 as "PORNOGRAPHYA WARENESS WEEK".��
Ray Jo ns n, May r
City o Atascader , CA
October 26 1999
000001
ITEM NUMBER: A-1
DATE: 10/26/99
MINUTES
ATASCADERO CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 28, 1999, 7:00 P.M.
REDEVELOPMENT AGENCY, 6:30 P.M.
CLOSED SESSION: (Immediately following Redevelopment Agency Meeting)
1. Conference with legal counsel [Govt. Code §54956.9]
Existing litigation: Atascadero Unified School District v City of Atascadero
2. Performance Review: City Manager(Govt. Code § 54957.6)
3. Conference with labor negotiator(Govt. Code § 54957.6)
Agency Negotiator: City Manager
Employee organizations: Atascadero Firefighters and Department Heads
City Attorney Roy Hanley announced there was no reportable action taken.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the meeting to order at 7:04 p.m. and Council Member Clay led the Pledge
of Allegiance.
ROLL CALL:
Present: Council Members Clay,Johnson, Luna, and Mayor Johnson
Absent: (Ken Lerno resigned September 21, 1999)
Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham.
Staff Present: City Manager Wade McKinney, Police Lieutenant John Couch, Fire Chief
Mike McCain, Community Services Director Brady Cherry, Community
and Economic Director Paul Saldana, Community Services Manager
Geoff English, Administrative Services Director Rachelle Rickard, City
Attorney Roy Hanley, Assistant City Engineer John Neil, Chief of
Wastewater Operations Mark Markwort, and Principal Planner Warren
Frace.
000002
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve to agenda.
Motion passed 4:0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring October 3 —9, 1999, `'Fire Prevention Week"
Mayor Johnson read the Proclamation and presented it to Fire Chief Mike McCain.
2. Proclamation declaring October 1999, "Domestic Violence Awareness Month"
Mayor Johnson read the Proclamation.
3. Presentation of Certificates of Recognition—John Jamar, Ellie Ameday and
Esther Moore—Police Department RSVP Volunteers.
Police Lt. John Couch presented Certificates of Recognition to RSVP volunteers.
COMMUNITY FORUM:
Raymond K. Jansen, 6655 Country Club Drive, read a portion of a letter written to the editor
about his concerns with the attitude of City Hall, State and Federal offices, and its effect on our
communities.
Richard Molin, 4200 Portola Road, thanked the Council for the newsletter he received. He
suggested that future newsletters might include actions taken at Council meetings.
Eric Greening, 6600 Lewis Ave., announced there will be a Public Forum on the Salinas Dam
Project, Monday, October 4, 1999, at the Paso Robles City Hall from 7:00—9:00 p.m.
Linda Parker, 4825 Navidad, stated that she has lived in Atascadero for 15 years. She said she is
opposed to updating the General Plan at the cost of$350,000. She stated she does not want to
see Atascadero turn into a place like the places people move here to get away from.
Bonita Borgeson, 4780 Del Rio Road, offered an apology to City Manager Wade McKinney for
her comments at the last meeting. She also apologized to Fire Chief Mike McCain for her
comments. She congratulated Brady Cherry on his new position and thanked Mr. McKinney for
recommending him, as Mr. Cherry is a very fine person.
Bob Sparling, 7500 San Palo Road, stated that he appreciates the number of volunteers we have
in our community.
Rush Kolemaine, P.O. Box 1990, stated he would like the citizens of this community to pay
attention to their government.
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Mayor Johnson closed the Public Comment period.
City Attorney Roy Hanley stated he wanted to share with the Council a conversation he had
concerning the museum. He reported that he had suggested the City use the museum as a
reception area, stating that he was responsible for that"rumor."
COUNCIL ANNOUNCEMENT AND REPORTS:
Council Member Luna thanked Council Member Lerno for his service on the Council. He also
asked that the August 10, 1999, approvals on the Mackey project be revisited by the Council.
Mayor Johnson asked for a status report on this item. Mr. McKinney explained the votes of
August 10th meeting as follows: General Plan Amendment, passed; Environmental documents,
passed; Ordinance, initially approved, however it did not pass on the second reading. He stated
that that General Plan amendment portion would require a Public Hearing and Public Notice.
Mr. Hanley affirmed that it would be necessary. Mayor Johnson requested that staff review the
issue and bring it back with a recommendation.
Council Member Clay thanked Bonita Borgeson for apologizing and stated that he supports our
staff.
1. Council Vacancy
■ Alternatives:
1. Hold Special Election
2. Appoint new Council Member
3. Adjourn to a meeting within 30 days to make a choice between 1 or 2
above.
City Manager Wade McKinney stated the three options available to the Council as listed.
City Clerk Marcia Torgerson explained that the next election would be March 7, 2000 and filing
period would begin November 15, 1999. She stated that the elected Council Member would then
take office in April and reapply in July if he/she wished to run for the November 2000 election.
She reported that the County Clerk's Office gave her an estimated cost for a special election of
$11,500.
Mayor Johnson stated that he would like the Council to decide tonight whether they are going to
call an election or appoint someone to the vacancy.
Council Member Luna stated that his first preference is what the voters decide. He expressed
concern for the fact that the Council is changing the General Plan with three, sometimes two,
votes. He stated that this is an excellent opportunity to have a referendum on this view of the
future of Atascadero. He also expressed concern for appointing a new member, unless it was the
runner up of the last election, who had votes almost equal to that of the Mayor. He asked the
City Clerk to state the qualifications for applicants.
City Clerk Marcia Torgerson stated that applicants must be residents of the city of Atascadero
and a registered voter. City Attorney Roy Hanley commented that the City Council is free to
determine its own method of selection. Council Member Luna asked if applicants would be
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asked to disclose conflicts of interest. City Clerk Marcia Torgerson replied that included in the
draft application in front of the Council is a question asking the applicants to describe any
potential issues that might restrict them from voting. She explained that the Council could
require that they actually fill out the Disclosure of Economic Interests, form 700. •
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, suggested to the Council they could appoint anyone who has
previously run for City Council or any former Council Member.
Eric Greening, 6600 Lewis Ave., stated he feels an election would be the best alternative. He
explained it would give the public the ability to make the decision. He said that the School
District may be facing a special ballot measure in relation to the means by which its elected and
asked if it would be possible to consolidate to reduce expenditures for a special election.
Richard Mullin, 4300 Portola Road, stated that the public spoke at the last election and the
Council should appoint the runner up in the last election.
Robert Nimmo, 7375 Bella Vista Road, stated that he feels taking applications for an
appointment is the best alternative. He said that the Council should appoint someone who would
vote similarly to former Council Member Ken Lerno.
John Goers, 5200 Dolores, stated he supports the appointment of the runner up at the last
election. His second choice would be an election. He said that if the Council appoints someone,
they should agree to appoint only someone they could all support, a moderate.
Geraldine Brasher, 3202 Monterey Road, stated that she supports appointing the runner up from •
the last election, but would like to see the Council hold a special election.
Alan Thomas, 9520 Marchant Way, said that he feels the Council should appoint a new Council
Member.
Linda Parker, 4825 Navidad, stated she supports the appointment of the runner up from the last
election.
Dorothy McNeil, 8765 Sierra Vista, stated that Mr. Nimmo was worried about having only four
votes on the Council because when he was on the Council it was discovered that he had conflicts
of interest that were not reported.
Gary Pallett, 4255 San Benito, stated he supports the appointment of the runner up from the last
election. He commented that the appointee will be deciding the vote on updating the General
Plan.
Raymond Jansen, 6655 Country Club Drive, stated he agrees with Mr. Nimmo that we should be
fair to the constituents and supports appointing the runner up from the last election.
Bonita Borgeson, 4780 Del Rio Road, stated she supports appointing the runner up from the last
election. She also stated she supports a special election so the General Plan update would be
voted on by the five Council Members voted into office by the people.
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Steve LaSalle, 7505 Marchant, stated the he has noticed a mean spiritedness in the Council over
the past 10 years. He stated that he supports appointing the runner up from the last election.
Stu Thompson, 7455 Bella Vista, stated he supports a special election.
Mary Pallett, 4320 Del Rio Road, stated that he would be in favor of appointing someone who
has moderate views.
John McGoff, 9192 Maple St., stated he favors appointing the runner up from the last election.
He suggested that as a second possibility, a special election be held.
Mayor Johnson closed the Public Comment period.
Mayor Pro Tem Arrambide stated that he would be in favor of an appointment. Council Member
Clay stated that he would also support the method of appointment.
Council Member Luna stated that he would like to see someone appointed who has a recent
demonstrated constituency like former Commissioner Hageman.
Mayor Johnson stated that he would like to see an announcement made, application collected,
and set a date for appointing a new Council Member. Council Member Luna commented that he
would like to also have interviews and have all applicants complete FPPC forms. Council
Member Clay stated that the Council is overstepping their bounds by requiring candidates to fill
out the FPPC forms prior to being appointed.
There was a Council consensus to direct staff to advertise for the vacancy, accepting
applications through Friday, October 8, 1999, and bring the item back to the Council in a
special meeting on Wednesday, October 13, 1999, at 6:00 p.m.
CORRESPONDENCE:
1. Atascadero Unified School District Strategic Planning
■ Staff recommendation: Council appoint a representative to serve on the
Atascadero Unified School District Strategic Planning Committee.
Mayor Johnson announced that Mayor Pro Tem Arrambide has offered to serve on this
Committee.
There was Council consensus to appoint Mayor Pro Tem Arrambide to serve on the
Atascadero Unified School District Strategic Planning Committee.
A. CONSENT CALENDAR
1. Adoption of Building Regulations
■ Fiscal Impact: a minor increase in review and construction permit fees
■ Staff recommendation: Council introduce for second reading, waiving reading in
full, Ordinance 4360, adopting the 1997-98 Model Building Codes [Community
Development Department]
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MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to introduce for second reading,waiving reading in
full, Ordinance#360, adopting the 1997-98 Model Building
Codes.
Motion passed 4:0 by a roll-call vote.
Mayor Johnson called a recess at 8:30 p.m.
Mayor Johnson called the meeting to order at 8:36 p.m.
B. PUBLIC HEARINGS:
1. General Plan Amendment#99001, Zoning Map Change #99001 and Tentative Parcel
Map#99003 — 8930 Junipero Ave. (Bunyea)
■ Fiscal Impact: None
■ Planning Commission recommendation: Council adopt Resolution No. 1999-054,
denying the request for GPA 499001, ZC 499001 and TPM 499003 [Community
Development Department]
Principal Planner Warren Frace gave the staff report and answered questions of Council.
There was lengthy discussion concerning the lot sizes in the area including the non-conforming
lots.
PUBLIC COMMENT
John Bunyea, 8930 Junipero, the applicant, stated staff's maps are inaccurate. He showed the
Council current parcel maps showing many more lot splits. He explained to the Council that his
proposal is compatible to the neighborhood and he feels they should approve his proposal.
John McGoff, 9192 Maple St., asked the Council to look at the request in the context of the
entire community and the General Plan.
Sharon Balsden, 6980 Riverview Lane, spoke in favor of this project and others like it as she
wants to assure there will be homes for her children when they grow up.
Alissa Anderson, stated she supports this project as it is compatible with the neighborhood.
Sandra Shaffer, 8903 Junipero, stated she is opposed to this project and agrees with the City
staff.
Milton Wallace, 8934 Junipero, said he has a problem with the Zone Change. He agrees with
staff that continuous lot splits are not what the community wants.
John Bunyea, 8930 Junipero, the applicant, stated that a precedent has already been set on
Palomar and other areas. He submitted a statement, signed by 30 of his neighbors, which
expressed no opposition to the division of John Bunyea's lot(see Attachment A).
Mayor Johnson closed the Public Comment period.
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MOTION: By Council Member Luna to adopt Resolution No. 1999-054, denying
the request for GPA#99001, AC #99001.
The motion failed due to the lack of a second
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Arrambide to send the item back to staff for review.
Motion passed 3:1 by a roll-call vote. (Luna opposed)
Mayor Johnson stated his "yes" vote was reserved due to the fact that he is not sure of the future
status of the General Plan.
2. Zone Change #99008 —Auto Dealers/Sales Lots Code Text Amendments (Staff Initiated)
■ Fiscal Impact: None
■ Planning Commission recommendation: Council introduce on first reading by title
-only, Ordinance No. 364, amending zoning code text associated with auto dealers
and sales lots [Community Development Department]
Community and Economic Development Director Paul Saldafia gave the staff report and
answered questions of Council.
There was no Public Comment.
MOTION: By Council Member Clay and seconded by Mayor Johnson to
. introduce on first reading by title only, Ordinance No. 364,
amending zoning code text associated with auto dealers and
sales lots as amended: Land Use Descriptions (page 74)
striking the words "for motorcycles or moped dealers only";
and Zoning Text (page 61) striking the words "(over 1 ton)"
and inserting the word "commercial" between the words
"heavy" and "trucks."
Motion passed 4:0 by a roll-call vote.
3. Atascadero State Hospital / Chalk Mountain Golf Course Annexation—Pre-zoning and
_ Initiation of Annexation - ANX 99001 /ZC 99009
■ Fiscal Impact: Will generate positive revenue
■ Planning Commission recommendations: Council:
1. Adopt Resolution No. 1999-056, adopting a Class 19 categorical exemption from
CEQA and initiating an application to LAFCo for annexation of the Atascadero
State Hospital and Chalk Mountain Golf Course Territory;
2. Introduce for first reading by title only, Ordinance No. 365,for the pre-zoning of
the Annexation Territory to 606±acres to the P (Public) District and 278±acres
to the L (Recreation) District on the City Zoning Map[Community Development
Department]
Principal Planner Warren Frace gave the staff report and answered questions of Council.
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PUBLIC COMMENT
Alan Thomas, 9520 Marchant Way, asked if the maintenance on this property will be continued
by San Luis Obispo County. Mr. Frace confirmed that the County will still own and maintain .
the property.
Mayor Johnson closed the Public Comment period.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Clay to adopt Resolution No. 1999-056, adopting a
Class 19 categorical exemption from CEQA and initiating an
application to LAFCo for annexation of the Atascadero State
Hospital and Chalk Mountain Golf Course Territory with the
following amendments:
1) On the first page of the Resolution, in the paragraph
referring the the Exhibits, remove the word "uninhabited"
and replace it with the word "inhabited."
2) Delete the final "Whereas" sentence located on page 2.
Motion passed 4:0 by a roll-call vote.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Clay to introduce for first reading by title only,
Ordinance No. 365, for the pre-zoning of the Annexation
Territory to 606± acres to the P (Public) District and 278±
acres to the L (Recreation) District on the City Zoning Map.
Motion passed 4:0 by aroll-call vote.
C. MANAGEMENT REPORTS:
1. Li htine in Atascadero Lake Park—Requested by the Atascadero Rotary Club
■ Fiscal Impact: approximately S1,250 annually for additional electrical service
■ Staff recommendation: Council.-
].
ouncil:1. Adopt proposed Negative Declaration of environmental impact;
2. Approve a modified request by the Atascadero Rotary Club to install thirteen
additional decorative lamp posts and the relocation of six standard street lights in
Atascadero Lake Park. [Community Services Department]
Community Services Director Brady Cherry gave the staff report and answered questions of
Council.
Council Member Luna asked if a light will be going in by the women's restroom if this item is
approved. Mr. Cherry said that there would. Council Member Luna suggested this area be
master planned, and if we wish to change the color of the lights, consult with the Rotary and
neighborhood first. Mr. Cherry explained that the staff did not recommend a color change,
however the Parks and Recreation Commission did. Council Member Luna thanked Geoff
English for his efforts.
Mayor Pro Tem Arrambide stated he encourages the neighbors of the park to give suggestions, •
but he strongly believes the park belongs to the entire community.
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Council Member Clay stated that he agrees with Mayor Pro Tem Arrambide.
Mayor Johnson states that he agrees with staff on the "color" issue.
Mayor Pro Tem Arrambide expressed concern for the brightness of the lights.
PUBLIC COMMENT
William Zimmerman, 6225 Lomitas, stated he does not like the color of the existing light poles.
Barbara Combs, corner of Lakeview and Portola, stated she is concerned about the potential for
crime if the lights are going to be turned off at midnight. She explained that now, the lights are
on all night and it deters crime.
Alan Thomas, 9520 Marchant Way, stated he supports the proposal because it is the result of a
team effort and compromise. He said he agrees with the previous speaker that the lights should
be left on all night. He also prefers a dark color for the light poles.
Sandy Clark, 9215 Lakeview Drive, stated she is concerned with the lights glaring into her house
that reflect off the water.
Mayor Johnson closed the Public Comment period.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Clay to adopt proposed Negative Declaration of
environmental impact.
Motion passed 4:0 by a roll-call vote.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Clay to approve a modified request by the Atascadero
Rotary Club to install thirteen additional decorative lamp
posts and the relocation of six standard street lights in
Atascadero Lake Park with the following amendment:
1) Delete the second recommendation given by the Parks and
Recreation Commission on the Staff Report.
Motion passed 4:0 by a roll-call vote.
2. Chamber of Commerce—Review options for shared position with City of Atascadero
■ Fiscal Impact: $30,000 annually.
■ Staff recommendation: Council review options for shared position with Chamber of
Commerce and provide staff direction. [Community Development Department]
Mayor Johnson announced that this item was pulled.
3. Wastewater Treatment Facility— Stage I Upgrade
■ Fiscal Impact: $1,560,1 00from the Wastewater Fund
■ Staff recommendation: Council authorize the Mayor to execute an agreement with
James C. Cushman, Inc. To construct the improvements required to upgrade the
wastewater treatment facility. [Community Services Department]
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Community Services Director Brady Cherry gave the staff report and answered questions of
Council.
There was no Public Comment.
MOTION: B Council Member Luna and seconded b Council Member
Y Y
Clay to authorize the Mayor to execute an agreement with
James C. Cushman, Inc. to construct the improvements
required to upgrade the wastewater treatment facility.
Motion passed 4:0 by a roll-call vote.
4. Information Bulletin
D. COMMITTEE REPORTS:
Air Pollution Control District
Mayor Pro Tem Arrambide announced that they will be having a workshop on Thursday night at
7:00 p.m. in the 4th Floor Rotunda of the Atascadero City Administration Building. The
Workshop concerns Rule 501 (backyard burning).
Economic Vitality Corporation, Board of Directors
Mayor Johnson reported that they are still looking for a building.
City/ Schools Committee
Mayor Johnson announced that last night there was a meeting which the Police Chief and Fire
Chief attending regarding the safety in schools.
Economic Opportunity Commission
Mayor Pro Tem Arrambide reported that there was a restructuring of the organizational chart.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
F. ADJOURNMENT:
Mayor Johnson adjourned the meeting at 11:00 p.m. to the next Regular Session scheduled on
October 12, 1999, at 7:00 p.m.
CC 09/28/99 00(}011
Page 10 of 11
MEETING RECORDED BY:
s
City Clerk, Marcia McClure Torgerson
MINUTES PREPARED BY:
Deputy City Clerk, Melanie Whaley
ATTACHMENTS: A- Signed statement by various neighbors of John Bunyea
supporting the division of his lot.
i -
CC 09/28/99
Page 11 of 11 0000512
Attachment: A
Atascadero City Council
Meeting Date: 9/28/99
We as neighbors of John Bunyea do not have any objections
to the city Planning Department in allowing him to 'create
two one-half acre lots out of the 1 .08 acre located at 8930
Junipero.
Name Address
• e
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J
S �3�
Tz/z
CGSr�t
0 Avz 000013
We as neighbors of John Bunyea do not have any objections
to the city Planning Department in allowing him to create
two one-half acre lots out of the 1 .08 acre located at 8930
Junipero.
Name
7 Address
E
f��--�--
ITEM NUMBER: A-2
DATE: 10/26/99
MINUTES
ATASCADERO CITY COUNCIL MEETING
TUESDAY, OCTOBER 12, 19999 7:00 P.M.
REDEVELOPMENT AGENCY, 6:30 P.M.
CLOSED SESSION: (Immediately following Redevelopment Agency Meeting)
1. Performance Review: City Manager(Govt. Code § 54957.6)
Mayor Johnson announced the Closed Session will be continued to the next Council Meeting on
October 26, 1999.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the meeting to order at 7:01 p.m. and Council Member Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Arrambide, Clay, Luna and Mayor Johnson
Absent: Council Member Lerno (resigned 09/21/99)
Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham
Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood,
Community Services Director Brady Cherry, Community and Economic
Director Paul Saldana, City Attorney Roy Hanley, Assistant City Engineer
John Neil, Chief of Wastewater Operations Mark Markwort, and Principal
Planner Warren Frace, Contract Planner Doug Davidson.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Vice Chairman
Arrambide to approve the agenda.
Motion passed 4:0 by a roll-call vote.
1
00015
PRESENTATIONS:
1. Proclamation declaring October 1999, "Crime Prevention Month"
Mayor Johnson presented the Proclamation to Police Chief Hegwood.
2. Proclamation declaring October 23-31, 1999,"Red Ribbon Week"
Mayor Johnson presented the Proclamation to Police Chief Hegwood.
3. Battalion Chief Stone will introduce newly appointed firefighter Casey Bryson.
Battalion Chief Stone introduced Casey Bryson to the Council.
COMMUNITY FORUM: None
COUNCIL ANNOUNCEMENT AND REPORTS: None
A. CONSENT CALENDAR:
1. City Council Minutes— September 14, 1999
■ City Clerk recommendation: Council approve the City Council minutes of September
14, 1999 [Marcia McClure Torgerson]
2. Atascadero State Hospital/Chalk Mountain Golf Course Annexation—Pre-zoning and
Initiation of Annexation - ANX 99001 /ZC 99009
■ Fiscal Impact: Will generate positive revenue
■ Staff recommendation: Council introduce for second reading by title only, Ordinance
No. 365,for the pre-zoning of the Annexation Territory to 606±acres to the P
(Public) District and 278±acres to the L (Recreation) District on the City Zoning
Map[Community Development Department]
3. Zone Change#99008 —Auto Dealers/Sales Lots Code Text Amendments (Staff Initiated)
■ Fiscal Impact: None
■ Staff recommendation: Council introduce for second reading by title only, Ordinance
No. 364, amending zoning code text associated with auto dealers and sales lots
[Community Development Department]
4. Memorandum of Understanding—Atascadero Firefighters Bargaining Unit
■ Fiscal Impact: Included in FY 1999-2000 budget
■ Staff recommendation: Council approve the Memorandum of Understanding
authorizing salaries and benefits for the Atascadero Firefighters Bargaining Unit for
Fiscal Year 1999-2000. [City Manager's Office]
Mayor Pro Tem Arrambide pulled Item#A-1. Rush Kolemaine pulled Item#A-3.
CC 10/12/99
Page 2 000016
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Items #A-2 and 4.
Motion passed 4:0 by a roll-call vote.
RE: Item #A-1: Mayor Pro Tem Arrambide asked that a correction be made to page 13, 6 1
paragraph, changing the word "prosperous"to "preposterous."
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Item #A-1 as amended above.
Motion passed 4:0 by a roll-call vote.
RE: Item #A-3: City Clerk Marcia McClure Torgerson noted that the word "commercial" needs
to be added to the Ordinance under the section"Sales Lots", inserted between the words "heavy"
and "trucks."
Rush Kolemaine, P.O. Box 1990, asked the Council or City Manager to explain the changes to
the public. Mr. Saldana replied that the auto dealership will require a condition of use permit in
the future.
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Item 9A-3 as amended above..
Motion passed 4:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. General Plan Text Amendment#99009—Sewer Service Extensions for Failed Septic
Systems beyond the USL
■ Fiscal Impact: None
■ Planning Commission recommendation: Council adopt Resolution No. 1999-061,
adopting the Statutory CEQA Exemption Section 15061.b.3 and approve General
Plan Text Amendment 99009. [Community Development Department]
Principal Planner Warren Frace gave the staff report and answered questions of Council.
Council Member Luna asked if the sewer is extended without being specified as not being
growth inducing, would an environmental finding or a negative declaration be necessary. Mr.
Frace explained that because the extension of sewer services would not actually create additional
growth, the statutory exemption will still apply. He stated that if additional or future actions are
taken, they would be subject to environmental reviews.
Council Member Clay asked about the effect of the line on lot size. Mr. Frace responded saying
that the sewer line will not effect the minimum lot size. Council Member Clay stated that he did
not agree with Council Member Luna's comment about much of Atascadero's soil not being
good enough for septic systems.
There was no public comment.
Council Member Luna stated that he would like to see 4-C (page 66) changed to read "...and
where no increase in density or neighborhood character will result."
CC 10/12/99
Page 3 000017
Council Member Clay stated that he would not be able to support the change.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Arrambide to adopt Resolution No. 1999-061, adopting the
Statutory CEQA Exemption Section 15061.b.3 and approve
General Plan Text Amendment 99009.
Motion passed 3:1 by a roll-call vote. (Luna opposed)
2. Colima Road Sewer Line Extension Authorization
■ Fiscal Impact: Minimal
■ Staff recommendation: Council adopt Resolution No. 1999-062, adopting the
Statutory CEQA Exemption Section 15061.b.3 and approving the extension of sewer
service and initiation of a project engineering study. [Community Development
Department]
Principal Planner Warren Frace.gave the staff report and answered questions of Council.
PUBLIC COMMENT
Jennifer Eickemeyer, Colima Road, stated that she feels Mr. Frace explained the situation well.
She asked the Council to support the staff recommendation. Council Member Clay asked if she
had ever had her system replaced. She replied that they have had it pumped and are extremely
careful during the winter.
Douglas Barrett, 4696 San Anselmo Road, stated that he and many of his neighbors want the
Council to extend the City's sewer service to Colima Road.
Tammy Jordan, Colima Road, stated she has concerns of the financial issue. She said that she
doesn't have a septic problem. She feels the drainage problem in her neighborhood is a result of
natural runoff.
Mayor Johnson closed the Public Comment period.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Luna to adopt Resolution No. 1999-062, adopting the
Statutory CEAQ Exemption Section 15061.b.3 and approving
the extension of sewer service and initiation of a project
engineering study.
Motion passed 4:0 by a roll-call vote.
CC 10/12/99
PaUOU�1
Page 4
3. El Centro Oaks—General Plan Amendment 97005, Zone Change 97005 and Tentative
Tract Map 99008 (8605 El Centro Road-Andrew Charnley/Frank Henderson)
■ Fiscal Impact: Increased property tax base
■ Planning Commission recommendations: Council:
1. Adopt Resolution No. 1999-057, certifying the Negative Declaration;
2. Adopt Resolution No. 1999-058, approving General Plan Amendment 97005,
changing the land use designation and zoning of the site from High Density Single
Family to High Density Multiple Family;
3. Introduce for first reading by title only Ordinance No. 366, approving Zone
Change 97005, changing the zoning of the site from RSF-X to RMF-16 (PD-7);
4. Adopt Resolution No. 1999-059, approving Vesting Tract Map 99008 based on
the Findings and Conditions of Approval. [Community Development Department]
Community and Economic Development Director Paul Saldafia explained to the Council that
Doug Davidson is a contract planner at the expense of the Applicant and is of no cost to the City.
Contract Planner Doug Davidson gave the staff report and answered questions of Council.
Council Member Luna asked about the possibility that any of the housing would be low or
moderate income housing. Mr. Davidson stated that these homes would be market driven and
not affordable housing.
Council Member Clay reported that he spoke with Jim Patterson,stating that he would be
interested in helping mitigating some of the oaks.
Council Member Luna requested to seea map showing the size of the neighboring lots. Mr.
Davidson presented a vicinity map which showed the average size of the lots to be
approximately 20,000 square feet.
PUBLIC COMMENT
Tim Roberts, Civil Engineer, representing the Applicant, Andrew Charnley. He explained in
detail some of the specific aspects of this project. He also explained that there is a pre-existing
drainage problem in this neighborhood. He stated he has been given permission to offer, above
and beyond what is required of them, $15,000 towards improvement of the drainage issue.
Council Member Clay asked if their company will oversee the drainage work. Mr. Roberts
confirmed that they would. Council Member Clay asked about the oak tree issue. Mr. Roberts
replied that they would be possible to incorporate the Council's ideas and work with the staff to
plant younger trees to replace others. He stated that Mr. Charnley would like to propose a six-
foot vinyl fence. He asked for a change to #34 to allow a Homeowner's Association or common
maintenance agreement that is acceptable and reviewed by Atascadero's City Attorney or
Council. He gave the Council a copy of a memorandum from Stephen Orosz, Traffic Engineer
to John Neil, Assistant City Engineer (see Attachment A).
John McGoff, 9192 Maple St., asked the Council to remember that development is a privilege,
not a right. He stated that he does not question the integrity of the Applicant but he does
question the process.
Mark Barlow, 8500 El Dorado, stated that the project is not consistent with the Housing Element.
He suggested that all lot sizes fall between 8,000 and 20,000, no trees be removed if possible,
CC 10/12/99
Page 5 000019
buffer zones between adjacent neighbors, preservation of view corridors, and habitat
maintenance and protection (see Attachment B).
Connie Barlow, 8500 El Dorado, asked for the Council to consider a reduced number of homes
on this site. 0
Rick Randicci, 8850 El Centro, stated that the neighborhood as a whole has difficulty with the
density issue. He clarified that the drainage issue is only meant to be dealt with on El Centro
where there is a dead end.
Tim Roberts, Civil Engineer, representing Applicant Andrew Charnley, stated that the project
has been reduced from 25 to 19 homes. He also stated that the drainage issue will take place
under the stipulations of the City Engineering Division. Mayor Pro Tem Arrambide asked how
much of the problem will be solved with the allotted $15,000 and what it would take to resolve
the issue on La Lina. Mr. Roberts stated that $15,000 is more than adequate to make
improvements on El Centro and contribute towards the storm drain system on La Lina. Assistant
City Engineer John Neil explained the flow of the water in the neighborhood. City Attorney Roy
Hanley clarified that the drainage problem is currently in existence and will not be the result of
the development of the project.
Mayor Johnson closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Arrambide to adopt Resolution No. 1999-057, certifying the
Negative Declaration.
Motion passed 4:0 by a roll-call vote.
Council Member Luna stated that he would not support the motion, but he appreciates Mr.
Charnley efforts in the drainage issue. He stated that he would like to tackle the problem of
providing low to moderate income housing by incorporating it in to projects like these.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Arrambide to adopt Resolution No. 1999-058, approving
General Plan Amendment 97005, changing the land use
designation and zoning of the site from High Density Single
Family to High Density Multiple Family.
Motion passed 3:1 by a roll-call vote. (Luna opposed)
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Arrambide to introduce for first reading by title only
Ordinance No. 366, approving Zone Change 97005, changing
the zoning of the site from RSF-X to RMF-16 (PD-7).
Motion passed 3:1 by a roll-call vote. (Luna opposed)
CC 10/12/99
Page 6
0u0oti�
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Arrambide to adopt Resolution No. 1999-059, approving
Vesting Tract Map 99008 based on the Findings and
Conditions of Approval with the following amendments:
1) Condition 16 b: Striking "403 (Rural Collector)" to
read "405 (Local)."
2) Condition 31: Striking"Exterior" and adding, "Solid six-
feet tall vinyl." At the end of the second sentence, after the
word "dwellings", add, "as approved by the Community
Development Department."
3) Condition 33: Adding at the end of first sentence, "to
incorporate Live Oaks where necessary."
4) Condition 34: Adding at the end of the first sentence, "or
similar entity."
Motion passed 3:1 by a roll-call vote. (Luna opposed)
The Council directed the City Attorney to make himself available to the Applicant in regards to
the drainage issue.
C. MANAGEMENT REPORTS:
1. Information Bulletin
D. COMMITTEE REPORTS:
S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Mayor Johnson reported that Cal-Trans is pushing state-wide policy requiring concrete median
barriers, and as addressed before, we would like to keep our landscaped medians. He mentioned
that STIP funds are coming up in the near future.
Air Pollution Control District
Mayor Pro Tem Arrambide announced that their Community Forum on backyard burning had
very little public participation and urged the public to get involved.
City/ Schools Committee
Mayor Johnson stated that the School District and parents are pushing a student pledge against
gun violence for an observation on October 21, 1999.
Economic Opportunity Commission
Mayor Pro Tem Arrambide reported that they are still looking for space in the North County for
health services for teens.
CC 10/12/99
Page 7 0000 1
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Luna stated that the State Controller suggested redistribution of sales tax,
gradually switching over to per capita rather than point of sale.
Council Member Clay asked about getting stop lights at San Gabriel and Highway 41. Mr.
Cherry responded a warrants analysis was done recently. He stated that the issue of a traffic
signal at that location did not meet the criteria of the warrants analysis.
Mayor Johnson announced that the State has raised the maximum allowance of six homecare
occupants to eight per house.
Mayor Johnson also asked City Clerk Marcia Torgerson to participate in obtaining questions
from the public tomorrow night on 3 X 5 index cards at the candidate forum, and they will
choose eleven of those to interview the candidates. Mr. McKinney commented that eleven
questions may be an extensive number.
F. ADJOURNMENT:
Mayor Johnson adjourned the meeting at 9:22 p.m. to a special meeting on October 13, 1999 at
6:00 p.m.
MEETING RECORDED BY:
Marcia McClure Torgerson, City Clerk
MINUTES PREPARED BY:
Melanie Whaley, Deputy City Clerk
ATTACHMENTS: A- Memorandum from Stephen A. Orosz, P.E., Traffic
Engineer for Penfield and Smith to Mr. John Neil, Assistant
City Engineer concerning El Centro Oaks and prepared on
October 12, 1999.
B- Map of proposed Alternative for El Centro project prepared
by Mark Barlow, 8500 El Dorado.
CC 10/12/99
Page 8 000022
- - - Attachment: A
Atascadero.City Council
Meeting Date: 10/12/99
MEMORANDUM
TO: Mr. John Neal, City of Atascadero
FROM: Stephen A. Orosz, P.F.
Traffic Engineer
SUBJECT: El Centro Oaks
W.O. 13,211.01
DATE: October 12, 1999
The memo has been prepared to respond to the memorandum received from the City Police
Department. generally lied
While the thoughts expressed in the memo are very logical and could cinityh app
the right circumstances, the traffic patterns and volumes in the vicinity of the project
under im rovements identified. The shift in travel patterns as a
do not warrant the extraordinary p estion would redirect traffic to Casada/Plata Lane,
result of the Police Department's cade
et to
However, any person living on Arcade Road would have to travel egoe living near g
the regional circulation system {E1 Camino Real). Likewise, any
from the regional circulation
Casada/Plata Lane would need to travel a great distance tog and collector roadways
system to get to their home. The hierarchy of`cta d th t secondary
developed for
Y the majority of the traffic Department, a
arterial streets to carry beds. in the case described by the Police Dep 4
carry smaller volumes at lower SpRoad 1
si nificant portion of traffic would be added to El
uCvistual observations and technical no:
g propos ear
Based o
exist with the project as prop ear to be any traffic problems that warrant this drastic
calculations, there does not app
change in circulation patterns.
Secondly the writer of the memo did not undersea th the t`Potential(y Significant"
the reason for the f category,analysisa
Sec Y.
was the Initial Study. When an item is checked
een
detailed technical analysis is required. After th ctechn al
fact as foundanalysis has bthat could completed, the
analysis would describe that there was no impact,
iti ated to a less than significant level, or that
the project would c
m is prepared for this project found that therereate an impact was
g
would be significant. The technical analys
no technical basis for a significant impact determination.
ing sight
nce
A resident in the area contacted me who felt n EltCam n R al at tan lhte Casadaa intersection. I
problem that is caused by parked vehicles
n the necessary
imtsdiscussed with him that the City has the ability to sa concemknow aindhibit ping l can be r solvedlno'w,
to provide adequate sight distance. if this issue i
there is no nexus to attach a mitigation measure to the project. The construction of the
project would not change the sight distance.
�L��tDU1�f h
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Atascadero City Council
j Meeffng Date: 16/12/99
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ITEM NUMBER: A-3
DATE: 10/26/99
s
1918 A 19 9
Atascadero City Council
Staff Report Community Development Department
Zone Change 97005
(8605 El Centro Road: Andrew Charnley/Frank Henderson)
RECOMMENDATION:
Staff recommends Council introduce for second reading, by title only, Ordinance No. 366,
approving Zone Change 97005, changing the zoning of the site from RSF-X to RMF-16 (PD-7).
DISCUSSION:
• On October 12, 1999, the City Council conducted a Public Hearing to consider amendment of the
zoning map from High Density Single Family Residential (RSF-X) to High Density Multiple
Family Residential (RMF-16) and adopting Planned Development Overlay Zone No. 7 for
property at 8605 El Centro Road. There were no changes made by the City Council to the
Ordinance during its first reading and it is ready for final adoption as attached.
FISCAL IMPACT: None
ATTACHMENTS: Ordinance No. 366
000025
ORDINANCE NO. 366
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
APPROVING ZONE CHANGE #97005 THEREBY AMENDING THE ZONING MAP
FROM HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RSF-X) TO HIGH
DENSITY MULTIPLE FAMILY RESIDENTIAL (RMF-16) AND ADOPTING
PLANNED DEVELOPMENT OVERLAY ZONE NO. 7
FOR PROPERTY AT 8605 EL CENTRO ROAD
(El Centro Oaks: Andrew Charnley))
WHEREAS, the Planning Commission, at a Public Hearing held on July 20, 1999,
studied and considered Zone Change#97005,after first studying and considering the Mitigated
Negative Declaration prepared for the project, and
WHEREAS, on July 20, 1999,the Planning Commission recommended denial of a zone
change associated with a 20-lot project; 19 lots for single family residential use and one lot for a
park/detention basin;
WHEREAS, the Planning Commission held a public hearing on a revised project on
September 21, 1999 and recommended approval of the 16-lot project; 15 lots for single family
use and one lot for a park/detention basin;
WHEREAS, on September 21, 1999, the Planning Commission recommended approval
of the zone change; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA)have been adhered to; and
WHEREAS,a timely and properly noticed Public Hearing upon the Zone Change
application was held by the City Council, at which hearing evidence, oral and documentary,was
admitted on behalf of said Zoning amendment.
NOW, THEREFORE, the City Council does ordain as follows:
Section 1. Findings for approval of zoning map change.
1. The zone change is consistent with General Plan policies and all other applicable
ordinances and policies of the City.
2. The zone change will not, in itself,result in significant environmental impacts. The
Mitigated Negative Declaration prepared for the zone change and for the project has
been certified as adequate, in accordance with California environmental laws.
•
000026
Ordinance no. 366
Page 2 of 3
Section 2. Zoning map change.
The Official Zoning Map of the City of Atascadero on file in the Community
Development Department is hereby amended as shown on the attached Exhibit A, which is made
part of this ordinance by reference.
Section 3. Findings for Planned Development approval.
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of an area and will have a beneficial
effect on the area.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards.
4. Proposed plans offer certain,redeeming features to compensate for requested
modifications.
Section 4. Zoning text change.
The Zoning Ordinance, Title 9 of the Municipal Code, is hereby amended by the addition
of Planned Development overlay zone no. 7, as shown on Exhibit B, made a part of this
ordinance by reference.
Section 5. Publication.
A summary of this ordinance, approved by the City Attorney, together with the ayes and
noes, shall be published at least five days prior to its final passage in the Atascadero News, a
newspaper published and circulated in said City, and the same shall go into effect at the
expiration of thirty (3 0) days after its said final passage. A copy of the full text of this ordinance
shall be on file in the City Clerk's Office on and after the date following introduction and
passage to print and shall be available to any interested member of the public.
Section 6. Effective Date.
This ordinance shall be effective at 12:01 a.m. on the 31St day after its final passage.
On motion by , and seconded by the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
0000217
Ordinance no. 366
Page 3 of 3
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By:
Ray Johnson, Mayor
Attest:
Marcia M. Torgerson, City Clerk
Approved as to form:
Roy A. Hanley, City Attorney
0000 .8
EXHIBIT B
Zoning Map-
Ordinance No. 366
i ZC 97005 -8605 Ci Centro Road
n ? .
RSF-X
(Z:1S'NGi '.P.CP S m)
I
C F
OV0049
ITEM NUMBER: A-4
DATE: 10/26/99
a via MA
:,
iaia p ie e
Atascadero City Council
Staff Report Community Services Department
No Parking Zone on Larga Avenue
RECOMMENDATION:
Staff recommends Council approve Resolution No. 1999-064, establishing a No Parking Zone on
Larga Avenue.
DISCUSSION:
• The residents in this neighborhood have .submitted a petition requesting the posting of No
Parking signs. Due to limited on-campus parking, students park on neighboring residential
streets, at times blocking driveways and narrowing the travel lanes.
Staff has visited the area and agrees that eliminating on-street parking will improve the situation.
FISCAL IMPACT:
The cost of posting is approximately $1000.00 to be paid out of currently budgeted funds.
ATTACHMENTS: Resolution No. 1999-064
•
000030
RESOLUTION NO. 1999-064
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO •
DESIGNATING A NO PARKING ZONE ON LARGA AVENUE
WHEREAS, Section 4-2.1101, et. seq., of the Atascadero Municipal Code allows
the City Traffic Engineer to designate "No Parking" areas, and to place and maintain
appropriate signs or markings indicating the same;and
WHEREAS, staff has studied the traffic problems at this location and has
determined that establishing a "No Parking" zone as shown on the attached Exhibit A
will improve the situation.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the
City Traffic Engineer to place and maintain appropriate signs or markings as indicated on
attached"Exhibit A".
On motion by Councilman , and seconded by Councilman ,
the foregoing resolution is hereby adopted in its entirety on the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON RAY JOHNSON
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLEY
City Attorney
ob RESOLUTION NO. 1999-064
EXHIBIT A
z
y
p
C
OJ,
000032
ITEM NUMBER: A-5
DATE: 10/26/99
. ;ilii, i'® i
1913 ° p 19 8
Atascadero City Council
Staff Report - Community Services Department
3-Way Stop Intersection at
Traffic Way, Carrizo and Santa Cruz Road
RECOMMENDATION:
Staff recommends Council approve Resolution No. 1999-063, establishing a three-way stop at
the intersection of Traffic Way, Carrizo Road and Santa Cruz Road.
DISCUSSION.
Traffic Way terminates at the intersection with Santa Cruz and Carrizo Road. Motorists
traveling north on Traffic Way frequently are unaware that the paved road ends, loosing control
as they enter Santa Cruz Road.
i
Residents have documented at least 13 accidents since 1995. In addition to the property damage
caused by the vehicles, residents are concerned for the safety of children playing in their own
front yards.
The Director of Community Services and the Chief of Police met with residents on site and
conclude that by requiring vehicles to stop at all legs of this intersection, safety will be greatly
improved.
FISCAL IMPACT:
The cost of posting is approximately $400.00 to be paid out of currently budgeted funds.
ATTACHMENTS: Resolution No. 1999-063
000033
RESOLUTION NO. 1999-063
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A 3-WAY STOP INTERSECTION ON TRAFFIC WAY AT
CARRIZO AND SANTA CRUZ ROADS
WHEREAS, Section 4-2.801, et. seq., of the Atascadero Municipal Code allows
the City Traffic Engineer to determine the location of STOP intersections, and to place
and maintain appropriate signs or markings indicating the same;and
WHEREAS, staff has studied the traffic problems at this location and has
determined that installation of a stop sign as shown on the attached Exhibit A will
improve the situation.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the
City Traffic Engineer to place and maintain appropriate signs or markings as indicated on
attached"Exhibit A".
On motion by Councilman , and seconded by Councilman ,
the foregoing resolution is hereby adopted in its entirety on the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON RAY JOHNSON
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLEY
City Attorney
•
000034
RESOLUTION NO. 1999-063
EXHIBIT A
SANTA CRUZ TRAFFIC WAY
000
•
O
U
UNIMPROVED
. PROPOSED STOP
0000;35
ITEM NUMBER: C- 1
DATE: 10/26/99
Iola N-79 '
Atascadero City Council
Staff Report - City Manager's Office
State Hospital Expansion
RECOMMENDATION:
Staff recommends Council request the State to consider expansion of the Atascadero State
Hospital.
DISCUSSION:
The California Department of Mental Health is currently reviewing potential sites for a 1,500 bed
facility. They have not considered the expansion of the Atascadero site at this time. They have
concentrated their search on new sites and are currently preparing environmental reviews of two
sites. The attached project description explains in more detail the State's plan.
The local Hospital provides a variety of social, community and economic benefits to our area.
The jobs provided by the hospital are career level jobs consistent with the goals identified by the
Council in the City's strategic planning effort. There may be an opportunity in this project to at
least have the site reviewed for potential expansion. This action is not an endorsement or
approval of the project, but a request for more information
FISCAL IMPACT:
No impact for this action. Future studies would identify both costs and benefits to the
community.
RESPONSIBLE DEPARTMENT: City Manager's Office
ATTACHMENT: Dept. Of Mental Health Project Description
000036
/00009
e..L..oP4N,A MCS o. PROJECT DESCRIPTION
M ENTA i LTH •
The Department of Mental Health is proposing to build a 1,500-bed facility on land adjacent to an existing
state prison. With an annual budget of$120-125 million and 1,500 new jobs,the mental health hospital
represents a significant economic opportunity for the local area. While ensuring community safety,the
facility will provide jobs at all levels–professional,administrative,clerical and support services.
k
• The Department of Mental Health (DMH) is required by the 1998199 California State Budget Act to
initiate the process of siting a new mental health treatment facility. The Act directs that a secured
1,500-bed psychiatric hospital be built for sexual offenders who have completed their prison sentence.
• DMH is responsible for the operation of four state hospitals: Atascadero, Metropolitan, Napa and
Patton.
• Since the inception of the Sexually Violent Predator Law in 1996, the number of patients referred to
the DMH for treatment has sharply increased. Existing DMH hospitals will be at capacity in 2002.
Therefore,a new facility is needed to accommodate the growing number of patients.
� ' rea" nenFailit � _ -
The facility's design, physical characteristics, and security enhancements will ensure that patients are
contained within the facility and that public safety is maintained. Items critical to the required design of
this facility are:
• The one-million square-foot facility will be constructed as a secure two-story mental health facility,
occupying approximately 100 to 200 acres.
• Three units will surround a service core,with each unit housing 500 beds.
• The mental health treatment program will be operated by the Department of Mental Health.
• The Department of Corrections will provide the perimeter security.
• The objective of the DMH is to construct and operate a secure psychiatric treatment facility in a safe
environment that protects the public,the staff and the patients.
0—
cd! - t AS
u
While the Environmental Impact Report is being prepared,the Department of Mental Health will keep the
local community informed about plans for the new mental health treatment facility. Open houses,along
with the environmental review and planning processes,will provide an opportunity for the public to
participate in the location and design of the new facility. The Department of Mental Health encourages
feedback from community members.
000037
g, k16%__
OALI.ORNIA _ MLNTo.4000
ECONOMIC BENEFITS
M E NTA LTH
The State of California is planning to build a 1,500-bed psychiatric hospital for repeat sexual offenders
who have completed their prison sentence and have been committed for extended treatment. The
maximum-security facility will have significant economic benefits for the community in which it is
located.
• The$100-125 million annual budget will stimulate new economic activity.,
• The hospital will provide 1,500 jobs with excellent benefits at every wage and skill level.
• Hundreds of millions of dollars in local economic activity will be generated every year through
newly created jobs that enable increased spending on local goods and services.
• Every effort will be made to employ local residents.
• No previous state employment is required for most job categories.
_ -cT._ 3�i. ":-!'{ C .�. i' :T""g .__3{_�furrZSY'¢�'�8s"; .3...3ta?luiaa�..a�iH.iFsFi. ._ -�•s ��_ __
When fully occupied,the mental health facility will require approximately 1,500 employees at all levels.
It is expected that an annual budget of approximately$100- 125 million will be authorized. New jobs '
bring economic benefits to the local community. Increased wages translate into increased purchase of
products and services in the local community. This will, in turn,stimulate other sectors of the local
economy. The economic impact generated by this facility on the local community could be as great as
$200 million.
Existing state hospitals have been at their locations for over 50 years and have not lowered local property
values. In fact,development around the hospitals has generated additional development,adding to the
positive economic benefits.
LW
NeW.Wt4Pua1 .o�al�. ab
The mental health facility will have a positive economic impact on the community.
1,500 jobs that will stimulate other sectors of the local economy.
The Department of Mental Health(DMH)intends to make the majority of hires on the"open"
basis,which means that persons meeting the minimum qualifications for the positions are eligible
to apply for and compete in a competitive examination. Therefore,the majority of the new jobs
created by this new facility will be available to non-state employees.
•. The DMH will make every effort to provide local residents the opportunity to,apply for the new
jobs. The DMH will:
- advertise extensively in local publications - post information on the DMH
- address local civic groups and other Internet Web Page
community groups - contact all recognized professional
- set up training sites to assist individuals in employment organizations
completing a state application and review - run local public service radio and
examination process television announcements to
provide a toll free telephone jobs line broaden the recruitment pool
0000;38
".o - � H
SECURITY
MENTA -. LU TH
The State of California is planning to build a 1,500-bed psychiatric hospital for repeat sexual offenders
who have completed their prison sentence and have been committed for extended treatment.The
maximum-security facility combines internal and external security with community oversight to meet the
community's needs.
• A state-of-the-art security system,run by the California Department of Corrections,will surround
the hospital.
• The Departments of Mental Health and Corrections have recommended the following external
security measures:
- a lethal electrified fence - perimeter guard towers
two razor-wire fences - interior and exterior perimeter patrol
bordering a no-man's-land roads
Communities with an existing state hospital have not experienced any increase in crime due to the
hospital.
_T
t
Measures , : - ta
The California Department of Corrections(CDC)will be responsible for external security. Working in
close cooperation with the Department of Mental Health(DMH)staff,Correctional Peace Officers will
operate sallyports to control entry and exit from the facility,observation towers, and perimeter patrols.
Internal security will be the responsibility of DMH. All employees are provided extensive training and
supervision to ensure compliance with essential security policies and procedures. In addition,numerous
internal security measures exist in a maximum-security setting:
• Census counts-Maintenance of a patient • Uniforms and photo identification of all patients
count system is an essential part of hospital • All employees have photo identification badges to
administration. The count accurately reflects the enter and exit the security area
presence of all patients that are currently • Random shakedowns
committed to the hospital. A physical count by • Metal detectors
unit employees of all patients at specified and • On-going escape risk assessments
unspecified times is required. • Lockable units-Enable internal lock down in
• Control of contraband emergency situations
x
Commun�fy'Safey Assulr __ _ _
Consistent with policy and procedures,all patients at the facilities are constantly and directly supervised.
Physical restraints are fastened on the patient's wrists and ankles when off grounds for administrative
reasons,such as court visits or specialized medical treatment and hospitalization.Peace officers will
always accompany staff and supervise patients when escorting them off-grounds.
Patients will not be involved in off-grounds work activities.
The treatment facility will have a Citizens Advisory Board,whose members will be appointed by the
Governor and whose role is to ensure community involvement.
0000,439
PLANNTNG PJIV
ROCESS
The State of California is planning to build a 1,500-bed psychiatric hospital for repeat sexual offenders
who have completed their
p prison sentence and have been committed for extended treatment.The
maximum-security facility involves a thorough Planning process that incorporates feedback from the
community.
✓a-i
Before the mental h
ealth facility can be appoved the protect must be reviewed in'accordance with' '
California Environmental Quality Pict. The'California Department of Mental Health,as the lead
t
for the environmental review pxocess has determined that an environmental ntnpact report(EIR)Wille
Prepared and available for public review and comment.
The environmental im
pact report'desen'bes the project's Physical setting and evaluates the pra�ect's „M r
potential impact in the following areas. y. i
• biological cultural 4
• visual . _ - �
• - population and housing
land use r "
dyy+ C ' • geology
air quality;,.
•
hazards and hazy 'ni iiiteriats
h m ? public utiilities and services
• traffic and circulation L
aPr
The purpose of the environmental impact report is to identify x
• significant effects on the environment � Y
• alternatives to the proposed project that reduce or avoid significant effects
• the manner in which significantmitigated effects can be mitigated or avoided
Y.
Maed t
Notice of Preparation(NOP)Issued—May of 1999
• The NOP will provide public notification that the EIR will be prepared for the proposed project. ..
• Public agencies are required to respond within 30 da s withwyX v
y specific comments on scope and contentL:
of information to be included in�tbe Draft
Preparation of Draft EIR—S rin and Summer of 1999 .
P g
Release of Draft EIR for Public Review and Comment=Fall of 1999 f y
• Agencies and general public will have a minimum of 45 days to submit comments on the Draft BIR
and environmental issues associated with the proposed project.
Preparation of Final EIR Winter:of 1999-2000
• The Final EIR will include responses to public comments on the Draft EIR and corrections and
revisions to the text of the DraftEIIL r '
:
Certification of the EIR bythe StateSpring
d
Decrsion by the SWe wYetk to approve the p protect S ring of2000 Y x
; .
ITEM NUMBER: C-2
DATE: 10/26/99
i sig Cm �
Y
tells t e
Atascadero City Council
Staff Report City Manager's Office
Community Survey
RECOMMENDATION:
Staff recommends Council authorize City Manager to enter into a contract with Godbe
Communications to perform a community survey.
`DISCUSSION:
The City Council directed staff to implement a community survey program during the Strategic
Planning process. In the first phase of the project the City sent out a form requesting community
members to identify their top priorities. The responses were generally categorized in 43 areas, as
seem on the attached survey results.
The next step in the process is to conduct a scientific survey to determine community opinion on
these priority areas. City staff have reviewed three firms with experience in community surveys
(see attached spreadsheet). Staff is recommending the low bid from Godbe Research. The bids
received were as follows:
Godbe Research - $16,765.00
Harbicht Research,Inc. - $17,200.00
Applied Survey Research- $17,500.00
FISCAL IMPACT:
The survey will cost$16,765 which is included in the City's budget
RESPONSIBLE DEPARTMENT: City Manager's Office
ATTACHMENT: Community Survey Results June 1999
0000.11
CITY OF ATASCADERO
sis ® ire •
COMMUNITY SURVEY RESULTS JUNE 1999
BACKGROUND SUMMARY OF"CATEGORIES"
The City Council authorized the Community Survey to CATU
ES,
_99 S �E �'SPONS
determine priorities for the next two years. The 10,195 Roads/Bridges 612
of surveys were mailed to every residence in May 1999. Downtown 491
The Survey was not sent to businesses or post office Growth 405
boxes. However, if any resident phoned City Hall, a Carlton Hotel 326
survey was provided. The Survey was also available on Public Safety 264
the City's web page. Beautification/Code Enforcement 253
/
ThisTrak/Signs Striping 238. survey is intended to develop a list of issues Youth Center/Activities 222
important to Atascadero residents. The City will then General Plan 197
follow up with a scientific survey to determine the parks and Trails 171
priorities and what is to be done about the issues. Big Box Stores 162
SURVEY PARTICIPATION Council Politics 153
Retail Stores 133
Participation in this survey has been very high: Jobs 102
City Organization 100
♦ 10,195 surveys were mailed out. Developers 100
By June 15, 1999,we received 1,379 replies: This Schools 89
response is especially notable since this was an Too Many Car Lots 76
"open-ended" survey instrument (it did not provide Special Events 73
predetermined "check-off' answers), so it required Redevelopment 59
extra thought and effort on the part of respondents to Tree Preservation 54
complete the survey. Restaurants 47
Public Swimming Pool 46
SURVEY RESULTS Sidewalks 45
Sewer 44
A Caveat-Not a Scientific Survey Public Transit 33
Rent Control/Affordable Housing 31
It is important to stress that this is not a "scientific Open Space ;1
survey," and great caution should be used in interpreting Water 28
the results. Nonetheless,we believe the results are useful Library 27
- especially when viewed in conjunction with the other Bike Lanes 27
forms of feedback the Council will receive in this Lake 25
process - in gaining additional insight into the concerns Tourism 24
of our community. Fast Food Restaurants 23
Homeless Issues 20
But There Are "Categories"
Performing Arts/Cultural Events 20
Since these are "open-ended"responses, it is not possible Senior Activities 20
to provide a simple, analytical summary of the results. Drainage 17
Nonetheless, clear categories emerged. The following is Air Quality 16
a summary of the top "categories," presented in order of Median 16
the most common responses: Falcon Cable 15
Refuse Rates 7 •
Technology 6
Grants/Other Funds 1
000042
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ITEM NUMBER: C-3
DATE: 10/26/99
• ■ air �
.i
tats a to e
Atascadero City Council
Staff Report- City Manager's Office
Local Option Sales Tax Program
RECOMMENDATION:
Staff recommends Council appoint member to Regional Steering Committee.
DISCUSSION:
State Constitutional Amendment 3 would have provided a local option to implement a sales tax
for transportation purposes. The measure did not pass the Assembly, but some version is
expected to be passed this coming year.
SLOCOG has decided to begin a detailed evaluation of the potential legislation and develop the
underlying planning documents. Attached is a staff report describing their proposal.
FISCAL IMPACT:
Staff and Council time. Total cost and time commitment unknown at this time.
RESPONSIBLE DEPARTMENT: City Manager's Office
ATTACHMENT: SLOCOG staff report
000044
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
STAFF REPORT
MEETING DATE:' October 6, 1999
SUBJECT: Status of Proposed Transportation Funding Legislation:' SCA 3 (Local
Option Sales Taz),AS 1155(Sales Tax Expenditure Pians), SB 315
(1`ransportation.Bond Measure}and AB 1012 (Transportation Project
Delivery)
SUMMARY
During 1999, four bills (SCA 3, AB 1155, SB 315, & AB 1012) moved through the State legislative
process that, if enacted into law, will ultimately have a significant impact on the transportation funding.
The most important of these bills, SCA 3, would amend the State constitution to allow a majority vote
approval for a "one-time 1,12 per cent increase in the local sales tax for transportation purposes. It
was approved in the Senate by the required 2/3rds vote, but failed in the Assembly. It is staffs
understanding that SCA 3 will be resubmitted for consideration by the Legislature in January, 2000, a
compromise may be worked out allowing SCA 3 to be placed on the November, 2000 ballot. If not,
there is a strong chance that a statewide initiative will be pursued by supporters of SCA 3 to achieve
its purposes. In any event, the SLOCOG Board should act now to prepare for the possible enactment
into law of SCA 3 or placement of a similar initiative on the November, 2000 ballot.
The discussion section of this staff report describes the major provisions of SCA 3, and the three
other bills noted above that were approved by both houses of the legislature. These bills include: AB
1155, the companion bill to SCA 3 setting the requirements for development of an expenditure plan;
SB 315, a possible $8 billion bond measure proposed by Senator Burton; and AB 1012, which enacts
into law various actions designed to speed up the transportation project delivery process. The
discussion section of this staff report summarizes each bill, their current status, and their potential
impact on the SLO Region.
RECOMMENDATIONS
Staff: Proceed with establishing a steering committee to guide survey and expenditure plan
development, and consider a consultant contract for a public opinion poll in November.
Executive Committee: Support Staff Recommendation.
TTAC: Support Staff Recommendation
CTAC:Support Staff Recommendation
DISCUSSION
SCA 3 (Sales Tax for Transportation Purposes): This proposed Constitutional Amendment would
extend the existing Y2 cent sales tax for transportation purposes an additional 20 years in 18 counties
(with 85% of the state's population), and authorize a Y2 cent sales tax increase for the remaining 41
counties (with approximately 15% of the state's population). To be eligible to use this new revenue
source, the measure would need to be approved by a majority of voters statewide and a majority of
the voters in SanLuis Obispo County. An Expenditure Plan describing how the funding is to be used
would have to be approved by the County Board of Supervisors and the City Councils from a majority
of the Cities representing a majority:of the population on or before June 1, '2000. The;sales tax
measure and the expenditure plan would also have to be approved by a majority of the voters in the
county
A-1-1
000015
On September 7" SCA 3 failed passage in the Assembly by a 46 to 29 vote with five Republicans
abstaining. It still has a chance of being approved in January if a compromise with Republicans on
various related issues can be reached. Without a compromise, the required two-thirds vote approval
of the bill is unlikely. In this case there will likely be an effort by supporters of SCA 3 to gather the
necessarysignatures to lace the proposition before the voters as a citizen initiative.
9 P
If either action _results ;,in a constitutional amendment being on the November 2000 ballot, an
expenditure 'plan (required by'AB1155) needs to be' developed, and approved by the Board .of
Supervisors, and a majority of,the'cities with a majority of the populationon or before June 1, 2000.
authorized staff to distribute an Request for Proposals its last meeting the SLOCOG Board a als RFP
Ati q p
9 (RFP)
for a consultant to conduct a public opinion survey, with a contract to be awarded at the October
meeting. Staff subsequently attended a statewide SCA 3 Workshop and shared the input with the
Executive Committee. The workshop attendees, staff, and the Executive Committee recommend that
action continue to be pursued. The Executive Committee further recommended scheduling the
consultant contract award for the November meeting. Expeditious pursuit of the public pinion poll is
believed necessary to adequately frame an expenditure plan by the June 1, statutory deadline.
Your board in September.authorized -formation of a-Steering Committee consisting of an elected
official from each member agency and the chief administrative officer sitting as an alternate and
supporting staff. The Steering Committee would work with staff and the consultant to develop,
analyze, and recommend an expenditure plan. To further advise staff, the Committee, and your
Board, staff and the consultant will hold meetings with various special interest groups to brief them on
options being considered and seek their input in the process (including: environmental organizations,
chambers of commerce, business associations, etc) . This was done in the 1989 public opinion poll
process to help assure that the concerns and needs of these groups were addressed. The Executive
Committee strongly concurred with moving forward with the steering committee and the initial
meetings.
Following is a tentative schedule of the major activities that would be carried out:
September 1999 Request for Proposals (RFP) for public opinion survey distributed
October 1999 Initial meeting of Steering Committee
November 3, 1999 Consultant contract approved by SLOCOG Board
Nov. - Dec. 1999 Public opinion survey developed, conducted and analyzed
Dec. - Feb. 2000 Draft Expenditure Plan prepared
March 8, 2000 SLOCOG holds public hearing on Expenditure Plan
March-May 2000 Plan presented to Cities and County for adoption
June 1, 2000 Adopted Plan submitted to State as required
AB1155 (Sales Tax Expenditure Plans): This is the companion bill to SCA 3, which defines the
required contents of, and approval procedures for the expenditure plan to be funded. It states that a
county may adopt an expenditure plan on or prior to the date of submission of SCA 3 to the statewide
electorate. In addition, a draft of the plan must be available for public review and comment on or before
April 30, 2000. The draft countywide expenditure plan and the final countywide expenditure plan
presented to the voters shall include the following:
• The total estimated cost of the plan and each project contained in the plan.
• The location of proposed projects geographically represented on maps.
• An itemization of all expenditure plan costs, by percentage, for each of the following categories:
1. Expansion and widening of interchanges on state highways.
2. Expansion of public transit.
3. Expansion of local streets and roads.
4. Maintenance, rehabilitation, & operations of state highways.
5. Maintenance, rehabilitation & operations of local streets and roads
6. Maintenance, rehabilitation, and operations of public transit.
A-1-2 0006-:16
7. Transportation Enhancement activities as defined in Title 23 of the United States Code.
8. Planning and research.
9. Bicycle and pedestrian facilities.
10. Other categories.
SB315 (Transportation Bond Measure) SB315 originally authorized four $2 billion dollar bond
measures ($8b) for transportation in 2002, 2004, 2006, and 2008. The measure was approved by the
Senate and modified in the Assembly striking any reference to specific dollars. It has since been sent to
Conference Committee to develop a final bill for action. Republicans have opposed the bill on the
grounds that its debt financing results in an additional $5.7 billion in interest costs (based on repayment
over 25 years at 5.5% interest). They have since championed an alternative referred to as the 20/20
Vision Plan. This proposal would dedicate the sales tax on fuels to transportation, raising approximately
$800 million per year. This revenue is currently dedicated to the General Fund. Many observers
believe some form of deal will be worked out between the Republicans and Democrats on this bill, the
20/20 Vision Plan, and SCA 3. Should such a deal be developed, an expenditure plan will be
necessary.
AB1012 (Transportation Project Delivery). This bill has passed both houses and is expected to be
signed into .law by the Governor. It provides new funding options for development work on
transportation projects, creates a new loan opportunity for large projects and places timely use of funds
requirements on Regional Surface Transportation Program funds. The local implications of this bill are
fully covered in Agenda Item A-3.
A-1-3 06 Go
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ITEM NUMBER: C-4
'11911111 NMI DATE: 10/26/99
1918 1g 9
moo/
Atascadero City Council
Staff Report Community Development Department
Atascadero State Hospital/ Chalk Mountain Golf Course Annexation
San Luis Obispo County Annexation Agreement
ANX 99001
RECOMMENDATION:
Staff recommends Council approve the annexation, tax sharing agreement and consent to annex
property agreement with San Luis Obispo County.
DISCUSSION:
On September 28, 1999 the City Council adopted Resolution 1999-056 initiating an application
to LAFCo for the annexation of the Atascadero State Hospital / Chalk Mountain Golf Course
Territory. One requirement of the annexation application was to acquire San Luis Obispo
County's consent to annexation for the Golf Course and Regional Park properties and to
negotiate a tax sharing agreement with the County. The attached agreement provides annexation
consent contingent on the City agreeing to the following: (1) the County will be protected from
any future City fees or taxes resulting from annexation, (2) all future sewer charges be consistent
with the November 3, 1992 agreement, and (3) the County will not lose any per capita revenues
resulting from the addition of the patients to the City's population base with an agreed cap. The
per capita revenues that concern the County are primarily transportation funds. The City will
still receive subvention funds in the amount of approximately $60,000 annually from the
Hospital population.
As a result of a lengthy negotiation process with the County, staff believes this agreement to be
fair and equable for both the City and County.
FISCAL IMPACT: Positive
ATTACHMENT: Consent to Annexation Agreement
000050
CONSENT TO ANNEXATION
COUNTY OWNED REAL PROPERTY INTO THE CITY OF ATASCADERO
THIS AGREEMENT is made and entered into this day of ,
1999, by and between the County of San Luis Obispo, a public entity in the State of California,
herein referred to as "County," and the City of Atascadero, a Political Corporation, and one of
the cities of the County of San Luis Obispo, State of California,herein referred to as the "City."
WITNESSETH
Whereas, County is the owner of certain real property, commonly known as the Chalk
Mountain Golf Course and Heilmann Regional Park, that property being in the unincorporated
area of the County of San Luis Obispo, State of California, as shown and described in Exhibit
"A," attached hereto and incorporated herein and hereinafter referred to as "Premises;" and
Whereas, the Chalk Mountain Golf.Course and Heilmann Regional Park are adjacent to
the jurisdictional boundaries of the City of Atascadero; and
Whereas, the Atascadero State Hospital premises are adjacent to the County's property in .
the unincorporated area of the County of San Luis Obispo and on the opposite side of the
abutment of County's premises to the City boundary; and
Whereas the Cit of Atascadero has re uested consent from the Count of San Luis
Y q Y
Obispo for the annexation of said County owned premises; and
Whereas, the City of Atascadero has filed an application with Local Agency Formation
Commission to annex the Atascadero State Hospital site; and
Whereas, concurrent annexation of the County owned premises are necessary to avoid the
creation of an unincorporated island in that current law requires city boundaries to be contiguous
with certain limited exceptions that do not apply in these circumstances; and
Whereas, the consent of all property owners involved in the proposed annexation will
allow the change of organization to be completed without conducting an authority protest
hearing; and
Whereas, the County of San Luis Obispo is willing to consent to said annexation upon the
following terms and conditions.
NOW THEREFORE, it is agreed to as follows:
1. That these County owned premises shall be exempt from any future City, City
controlled district, or redevelopment agency fees, surcharges, assessments, special assessments
or any other tax or charges levied on the premises.
0000bi
2 That this consent to said annexation shall have no financial impact on the park
and golf course beyond what is currently in place.
3. That any and all current and future sewer charges and services be consistent with
that Agreement for Grant of Easement for Sewer Improvements Across Chalk Mountain Golf
Course executed between the County of San Luis Obispo and the City of Atascadero on
November 3, 1992, or as said agreement may be subsequently amended.
4. That the City agrees to hold the County harmless and make the County whole
with regards to the transfer of any per capita Transportation Development Act/Local
Transportation Funds (TDA/LTF) revenues resulting from said annexation and the addition of
patients/inmates at the hospital to the city's population base. In complying with this provision
the City will, commencing with the 2000-2001 fiscal year, pay to the County, by December 31
of each fiscal year, an amount not to exceed $29,000 based upon the additional amount of
TDA/LTF received by the City, and transferred from the County allocation, as a result of the'
annexation. Said amount may be proportionately lower in future years only if total TDA/LTF
revenues received by the City are less than the total amount received during the 2000 - 2001 base
year.
AGREED TO ON THE DAY AND YEAR SET FORTH ABOVE.
CITY OF ATASCADERO COUNTY OF SAN LUIS OBISPO
BY: BY:
Chairman, Board of Supervisors
AUTHORIZED BY CITY COUNCIL ACTION AUTHORIZED BY BOARD ACTION
19 , 19
ATTEST
By:
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT
JAMES B. LINDHOLM, JR.
County Counsel
By:
Assistant County Counsel
Date:
0000.5
EXHIBIT "A"
SECTION 1
Those portions of Lots 3 and 4 of George Story's Subdivision of the Rancho Atascadero made in
1893, in the County of San Luis Obispo, State of California, according to the map thereof on file
in the office of the County Recorder of said county, described as follows:
Beginning at a point in the northeast line of Lot 5, in Block 7 of Eaglet No. 2 according to the
map thereof in Book 2, page 38 of maps, San Luis Obispo County Records, said point bears
South 34° 34'East 20 feet from the most northerly corner of said Lot 5; thence from said point of
beginning North 34° 34' West 1220 feet to the most northerly corner of Lot 1, in Block 7 of said
Eaglet No. 2; thence along the northerly and easterly line of said Eaglet No. 2 and Eaglet No. 1
according to the map in Book 2, page 25 of Maps, San Luis Obispo County Records, by the
following courses and distance:
North 55' 26'East 949.5 feet; thence northerly by left curve tangent to last course, radius 193.2
feet a distance of 400 feet; thence North 64° 34'West 400 feet; thence westerly by left curve,
radius 966.1 feet, a distance of 500 feet; thence South 84° 38' West 600 feet; thence North 1° 25'
West 600 feet; thence North 22' 31'West 390.7 feet; thence North 5' 21'West 600 feet; thence
South 49° 11'West 490 feet, more of less, to the south corner of Lot 56, Block 2 of the
Resubdivision of Lots 1, 2 and 3, Block 5 of Eaglet No. 1 and Block 2 Eaglet No. 2, per map in
Book 2, page 56 of Maps, San Luis Obispo County Records; thence on the easterly line of said
lot, by a left curve of radius 115.5 feet, a distance of 171 feet; thence North 88° 40' West 50.00
feet; thence North 21° West 81.6 feet to the most southerly corner of Lot 6, Block 1 of said
Eaglet No. 2; thence North 66' 15' East 274.9 feet; thence North 79' East 200 feet; thence North
69' 23'East 320.8 feet; thence North 87' 50'East 100 feet to the most easterly corner of Lot 10,
Block 1 of said Eaglet No. 2; thence along the northeasterly line of said Block 1 of Eaglet No. 2,
North 36° 10' West 1867.0 feet to the most southerly corner of the parcel of land conveyed to E.
C. Ten Brook by deed recorded February 25, 1926 in Book 11, page 207 of Official Records;
thence along the southeasterly line of said Ten Brook property, and along the southeasterly line of
the parcel of land conveyed to E. C. Ten Brook by deed recorded March 9, 1931 in Book 109,
page 4 of Official Records, North 39° 22'East 1841.5 feet to the westerly line of the right of way
of the Souther Pacific Railroad Company; thence along said last named line southerly and easterly
2700 feet, more or less, to a point from which a 3/4 inch iron pipe monument with brass cap
marked"California Office Architecture & Construction" bears South 2° 10'East 45 feet, more or
less; thence South 2° 10'East 45 feet, more of less, to said iron pipe monument; thence South 2°
10'East 4159.56 feet, at 487.53 feet, 1006.24 feet, 1288.97 feet, 1663.31 feet, 1751.07 feet,
2633.42 feet, 3150.05 feet, 3397.70 feet, 3836.59 feet and 4159.56 feet iron pipe monuments as
above described; thence South 55' 21'West 294.5 feet to the point of beginning.
Lots 11, 12, 13, 19, 23 and 24 of A.D.S. Addition No. 1, in the County of San Luis Obispo, State
of California, according to the map thereof filed in Book 5, page 1 of Maps, in the office of the
County Recorder of said County.
000053
Excepting therefrom those portions thereof included within the lines of La Linia Avenue, Pino
Solo Avenue, El Bordo Avenue and the alley adjoining said lots as shown on said map.
Lots 20, 21 and 22 of A.D.S. Addition No.1, in the County of San Luis Obispo, State of
California, as per map thereof filed in Book 5, page 1 of Maps, in the office of the County
Recorder os said County.
Excepting therefrom those portions thereof included within the lines of El Bordo Avenue and the
alley adjoining said lots as shown on said map.
Those portions of La Linia Avenue, Pino Solo Avenue, El Bordo Avenue, and Los Lomas
Avenue and the alley adjoining Lots 11, 12, 13, 19, 20, 21, 22, 23 and 24 of A.D.S. Addition No.
1, in the County of San Luis Obispo, State of California, according to the map thereof files in
Book 5, page 1 of Maps in the office of the County Recorder of said County.
EXCEPTING AND RESERVING from all of the above described property all deposits of
minerals, including oil and gas, lying below the depth of 500 feet, without however, the right to
drill or mine through the surface thereof.
000054
EXHIBIT "A"
42 ACRE PORTION OF SECTION 1
That portion of Lots 3 and 4 of George Story's Subdivison of the Rancho Atascadero made in
1893 in the County of San Luis Obispo, State of California described as follows:
Beginning at a point on the westerly line of the Southern Pacific Railroad Company right-of-way
marked by'/z inch by 24 inch iron pipe tin-capped L.S.3877 from which a 3/4 inch iron pipe
monument with brass cap marked"California Office Architecture and Construction";
Bears South 02° 10'East, 45 feet more or less;
Thence South 02° 10'East, 45 feet to said iron pipe monument;
Thence South 02° 10'East, continuing along last said line marked at the following distances from
the first iron pipe by similar iron pipe monuments, 487.53 feet, 1,006.24 feet, 1,288.97 feet,
1,663.31 feet, 1,751.07 feet, 2,633.42 feet, 3,150.05 feet, 3,397.70 feet, 3,836.59 feet and ending
at 4,159.56 feet;
Thence the following courses and distances, the terminus of which are marked by a 'h inch by 24
inch iron pin capped L.S.3877;
Thence North 55' 21' East, 400.00 feet;
Thence North 00° 11' 14" East, 2,467.69 feet;
Thence North 66' 12' 17" East, 279.79 feet;
Thence North 19° 39'43" West 283.66 feet;
Thence North 10° 02'03" West, 213.05 feet;
Thence North 03' 00'43" West, 332.78 feet;
Thence North 01' 03'23" West, 355 feet more or less to the westerly line of said Southern
Pacific Railroad Company right-of-way;
Thence northerly to the point of beginning containing 42 acres more or less.
EXCEPTING AND RESERVING all mineral deposits, as defined in Section 6407 of the Public
Resources Code, together with the right to prospect for, mine and remove such deposits.
000055
EXHIBIT "A"
SECTION 2
Lots 2, 3, 4, 5, 8, 9 of Tract No. 5, in the County of San Luis Obispo, State of California, as per
map recorded in Book 5, Page 24 of Maps in the Office of the County Recorder of said County,
and a portion of Lots 6 and 7 of said Tract 5 described as follows:
The Northerly portion of Lot 6 beginning at a point 136.90 feet from the centerline of Los
Lomas Avenue along the line separating Lots 6 and 7, thence Westerly 153.11 feet along a
line S 80° OTE to a point 163.05 feet from the centerline of Los Lomas Avenue along the
line separating Lots 5 and 6, thence Northerly along that line to Los Lomas Avenue,
thence Easterly along the southerly line to Los Lomas Avenue to the line separating Lots 6
and 7, thence Southerly along that line to the point of beginning, and,
The Northerly portion of Lot 7 beginning at a point 136.90 feet from the centerline of Los
Lomas Avenue along the line separating Lots 6 and 7, thence Easterly 179.01 feet along a
line S 64° 59' 38" E to a point of intersection of Lots 8 and 9, thence Northeasterly along
a line N 50° 34'E to the Southerly line of Los Lomas Avenue, thence Westerly along Los
Lomas Avenue to a point on the line which separates Lots 6 and 7, thence Southerly along
the line N 9° 53' E to the point of beginning.
EXCEPT therefrom those portions of said lots included within the lines of Las Lomas Avenue,El
Bordo Avenue and El Dorado Avenue, as shown on said map.
ALSO EXCEPT therefrom all oil,gas, minerals and other hydrocarbon substances in, under or
upon said land, as reserved by Mabel H. Gnesa, in Deed recorded August 17, 1970 in Book 1579,
Page 175 of Official Records.
0000bv
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ITEM NUMBER: C-5
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DATE: 10/26/99
511 011 NA
1918 ®
197-9
Atascadero City Council
City Manager's Office
Information Bulletin
A. Neighborhood Watch Organizational Meeting
The City Council, in its strategic plan has identified emergency preparedness as an important
issue facing the community.
The Police Department has identified the Neighborhood Watch program as an effective method
of establishing relationships with the community and providing a means of communication
between neighborhood groups and City departments. In line with the Community Action
Partnership (CAP) philosophy the Police Department is restructuring the Neighborhood Watch
program to facilitate participation by other City departments when discussing specific concerns
of neighborhood groups.
The Police Department will be conducting a Neighborhood Watch organizational meeting at the
Lake Park Pavilion on Wednesday,November 3, 1999,at 7:00 PM. We encourage the public to
attend, this meeting, participate in Neighborhood Watch and help keep Atascadero a safe and
enjoyable place to live and work.
Topics of discussion will include emergency preparedness including Year 2000, crime
prevention and how to organize neighborhood groups. Citizens will be recruited to act as Block
Contacts and given materials to direct them in their efforts to organize their neighborhoods.
Additionally, attendees will be informed how City departments are available to be represented at
Neighborhood Watch meetings to facilitate discussion of issues specific to their neighborhoods.
B. Employee Update
Jessica Sanford, Intern III Resigned 10/1/99
Edith Stock Zoo Cashier Resigned 10/6/99
Nicholas Napoli Service Worker Separated 10/8/99
Jennifer Adge Intern II Hired 10/13/99
Jill Coons Temp. Clerical Asst. Hired 10/18/99
000058
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