HomeMy WebLinkAboutAgenda Packet 12/12/2000 r man, AGENDA
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, DECEMBER 12, 2000
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 - Existing litigation(G.C. Sec. 54956.9(a))
Name of case: Terrill Graham v. City of Atascadero
REGULAR SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Council Mayor Johnson
ROLL CALL: Mayor Johnson
Mayor Pro Tem Arrambide
Council Member Clay
Council Member Luna
Council Member Scalise
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Special Recognition for Atascadero Citizen, Cyndi Allen.
CITY COUNCIL REORGANIZATION:
1. Reciting the Fact of the General Municipal Election—held on November 7, 2000
(City Clerk's recommendation: Adopt Draft Resolution, reciting the fact of the
General Municipal Election held on November 7, 2000, declaring the result and such
other matters as provided by law.) [Marcia McClure Torgerson]
2. Administration of Oaths of Office—Newly-elected Council Members George Luna, Jerry
Clay and Wendy Scalise will be sworn in by the City Clerk
3. Council Appointment of Mavor—The City Clerk will accept nominations from the
Council Members
4. Council Appointment of Mayor Pro Tem—The new Mayor will accept nominations from
the Council Members
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 b c to dre dered in hCouncd
the
sequence with an opportunity for any member of p
concerning the item before action is taken.)
1. City Treasurer's Report—May 2000
■ Fiscal Impact: None
staff recommendation: Council review and accept report. [City
■ City Treasurer and
Treasurer]
2. City Treasurer's Report—June 2000
■ Fiscal Impact: None
staff recommendation: Council review and accept report. [City
■ City Treasurer and
Treasurer]
2
3. Authorization to Purchase Equipment-Turf Sweeper
■ Fiscal Impact: $20,913.75 (Funds available in FY 2000-01 Budget)
• Staff recommendation: Council authorize the purchase of a turf sweeper from H.V.
Carter Company, Inc. [Public Works]
4. Acceptance of Phase 1 of Final Tract Map 98013 / Tract 2317 — 3900 Traffic Way
(Shores/Wilson Survey/RTC)
■ Fiscal Impact: Negligible: City already maintains Traffic Way
■ Staff recommendation: Council accept Phase 1 of Final Tract Map 99013 / Tract
2317 including the dedication of Traffic Way for public acceptance. [Community &
Economic Development]
5. 1999 Local Law Enforcement Block Grants Program
■ Fiscal Impact: None
■ Staff recommendation: Council authorize the Police Department to purchase
specialized police supplies and equipment allocated under the 1999 Local Law
Enforcement Block Grants Program (LLEBG). [Police]
6. 2000 Local Law Enforcement Block Grants Program
■ Fiscal Impact: None
■ Staff recommendation: Council authorize the Police Department to purchase
specialized police supplies and equipment allocated under the 2000 Local Law
Enforcement Block Grants Program (LLEBG). [Police]
7. After-School Recreation Programs for Teens—Agreement with San Luis Obispo County
■ Fiscal Impact:None
• Staff recommendation: Council authorize the Mayor to sign an agreement with the
County of San Luis Obispo Department of Social Services to fund and expand the
Recreation, Education and Community (R.E.C.) program for teens, located on the
campus ofAtascadero Junior High School. [Community Services]
B. PUBLIC HEARINGS: Nafw
1. Open/Hazard Abatement Burning—Amending the City's Burning Ordinance
■ Fiscal Impact: Minimal for public education programs and inspections
■ Staff recommendation: Council adopt, on first reading by title only, the draft
Ordinance amending Chapter 7, Section 5 of the Atascadero Municipal Code relating
to Backyard Burning [Fire]
C. MANAGEMENT REPORTS:
1. General Plan Update 2001 Work Program
■ Fiscal Impact: $18,2000.00
■ Staff recommendation: Council:
1. Direct staff to complete the public involvement process and General Plan Update
as described in Table 1; and
• 2. Authorize the City Manager to execute a revised General Plan contract as
described in Table 2. [Community& Economic Development]
2. Sewer System Master Plan-Authorization to execute an agreement
■ Fiscal Impact: S99,222.00 (Funds available in FY 2000-01 Budget)
■ Staff recommendation: Council authorize the Mayor to execute an agreement with
Brown and Caldwell to develop a Sewer System Master Plan at a maximum cost of
$99,222.00 and make the necessary appropriations. [Public Works)
3. Community Code Enforcement Pilot Program-Grant Application
Fiscal Impact: None
■ Staff recommendation: Council adopt draft Resolution authorizing the submittal of a
grant application for participation in the Community Code Enforcement Pilot
Program. [Community& Economic Development]
4. Information Bulletin
D. ATTORNEY REPORTS:
1. California Sportfishing Protection Alliance—and Lorraine Scarpace Request for Money
■ Fiscal Impact: Staff recommendation: None. Potential impact: $24,089.82
■ City Attorney recommendation: Council deny requests from the California
Sporyiishing Protection Alliance and Lorraine Scarpace for reimbursement of costs
associated with their completed efforts to challenge the State Water Resources
Control Board decision extending the time for the,City of San Luis'Obispo to exercise
its rights in the Salinas River Dam. [City Attorney]
E. 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
11. North County Homeless Coalition
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
4
G. ADJOURNMENT:
00 THE NEXT CITY COUNCIL MEETING WILL BE A REGULAR SESSION
SCHEDULED ON JANUARY 09,2001,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.
I, Barbara J. Patton, the Deputy City Clerk of the City of Atascadero, declare under the
penalty of perjury that the foregoing agenda for the December 12, 2000 Regular Session of
the Atascadero City Council was posted on December 6, 2000 at Atascadero City Hall, 6500
Palma Ave., Atascadero, CA 93422 and was available for public review in the City Clerk's
office at that location.
Signed this 6t' day of December, 2000 at Atascadero, California.
C/
iarlbara A. Ptatto6/, Deputy City Clerk
City of Atascadero
•
5
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
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 311) 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. Contracts, Resolutions and Ordinances will be allocated a number once they are
approved by the City Council. The minutes of this meeting will reflect these numbers.
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(not required)
• 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.
DATE: 12/12/2000
1978 p ] 79 8.
Atascadero City Council
Marcia McClure Torgerson, City Clerk
Reciting the Fact of the General Municipal Election
Held on November 7, 2000
RECOMMENDATION:
Council adopt the Draft Resolution, reciting the fact of the General Municipal Election held on
November 7, 2000, declaring the result and such other matters as provided by law.
DISCUSSION:
The General Municipal Election was held on November 7, 2000. California Elections Code
§10262 states that the City Council shall meet to declare the result of the election upon
certification of results by the County Election Department. The California Elections Code
§10262 & 10264 also states that the Council shall adopt a resolution reciting the fact of the
election, including a statement of the results.
FISCAL IMPACT: None.
ATTACHMENTS: Draft Resolution
(Draft Resolution will be distributed on the night of this meeting as
the certified results of the election will not be released by the
County until after the preparation of this agenda.)
G�1
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 7,2000, DECLARING THE RESULT
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of
Atascadero, California, on Tuesday,November 7, 2000, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by
law; that voting precincts were properly established; that election officers were appointed and
that in all respects the election was held and conducted and the votes were cast, received and
canvassed and the returns made and declared in time, form and manner as required by the
provisions of the Elections Code of the State of California for the holding of elections in general
law cities; and
WHEREAS, pursuant to Resolution No. 2000-018 adopted June 13, 2000, the County
Election Department canvassed the returns of the election and has certified the results to this City
Council, the results are received, attached and made a part hereof as"Exhibit A".
• NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the whole number of ballots cast in the precincts except absent voter
ballots was 7,073.
That the whole number of absent voter ballots cast in the City was 4,568 making a total
of 11,641 ballots cast in the City.
SECTION 2. That the names of persons voted for at the election for Member of the City
Council are as follows:
David Graham, Wendy Scalise, Ann Ketcherside, George Luna, Jerry L. Clay, Sr., Bonita
Borgeson, David P. Bentz.
SECTION 3. That the number of votes given at each precinct and the number of votes
given in the City to each of the persons above named for the respective offices for which the
persons were candidates were as listed in Exhibit"A" attached.
SECTION 4. The City Council does declare and determine that: George Luna was
elected as Member of the City Council for the full term of.four years; Jerry L. Clay, Sr. was
elected as Member of the City Council for the full term of four years; and Wendy Scalise was
elected as Member of the City Council for the full term of four years.
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a
statement of the result of.the election, showing: (1) The whole number of ballots cast in the City;
(2) The names of the persons voted for; (3) For what office each person was voted for; (4) The
number of votes given at each precinct to each person; (5) The total number of votes given to
each person.
SECTION 6. That the City Clerk shall immediately make and deliver to each of the
persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the
City Clerk shall also administer to each person elected the Oath of Office prescribed in the
Constitution of the State of California and shall have them subscribe to it and file it in the office
of the City Clerk. Each and all of the persons so elected shall then be inducted into the
respective office to which they have been elected.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
On Motion by Council Member and seconded by Council Member ,
the foregoing Resolution was adopted on the following roll-call vote:
AYES:
NOES:.
ABSENT:
ADOPTED:
CITY OF ATASCADERO:
ATTEST: Ray Johnson, Mayor
Marcia McClure Torgerson, City Clerk
Draft Resolution _
Exhibit A
CERTIFICATE OF THE COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST
NOVEMBER 7, 2000 CONSOLIDATED GENERAL ELECTION
CITY OF ATASCADERO
STATE OF CALIFORNIA )
.ss
COUNTY OF SAN LUIS OBISPO )
I,JULIE L.RODEWALD, County Clerk-Recorder of the County of San Luis Obispo, do
hereby certify that pursuant.to law I did canvass the returns of the votes cast at the above referenced
election in the City of Atascadero on November 7, 2000, and that a photocopy.of the Statement of
Votes Cast to which this certificate is attached, shows the number of votes cast-,in said city for each
candidate for the Office of Member of the City Council and that the totals shown for each candidate
for the Office of Member of the City Council in said city and in each of the respective precincts
• therein, are full, true and correct.
WITNESS m hand and Official Seal this da of November, 2000.
Y o�� Y ,
L
JU IE . RODEWALD, County Clerk-Recorder
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DATE: 12-12! 21000
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City Treasurer's Agenda Report
David Graham
Treasurer's Report - May 2000
RECOMMENDATION:
City Treasurer and Staff recommend that Council review and accept the May 2000
Treasurer's Report
REPORT IN BRIEF:
Cash and Investments
Checking $ 601,548
Money Market Accounts 3,390
Certificates of Deposit 3,007,092
Government Securities 1,233,435
Corporate Paper 475,772
LAIF 7,920,091
Cash with Fiscal Agents 145,486
Cash in Banks at May 31, 2000 $ 13,386,814
Deposits in Transit -
Outstanding Checks (191,001)
Cash and Investments at May 31, 2000 $ 13,195,813
FISCAL IMPACT: None
RESPONSIBLE DEPARTMENT: Finance
ATTACHMENTS: Cash and Investments Activity Summary
Investment Report
Graphs:
Investment by Type
Investment by Maturity
02
Investment by Holding Agency G
Page 1 of 9
CITY OF ATASCADERO
TREASURER'S REPORT
• CASH&INVESTMENTS ACTIVITYSUMMARY
FOR THE MONTH OF MAY 2000
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
May 1,2000 $ 848,123 $ 12,377,860 $ 144,792 $ 13,370,775
Receipts 1,218,707 593 694 1,219,994
Disbursements (1,203,955) (1,203,955)
Transfers In 1,198,816 1,460,143 2,658,959
Transfers Out (1,460,143) (1,198,816) (2,658,959)
Balance per Banks at
May 31, 2000 $ 601,548 $ 12,639,780 $ 145,486 13,386,814
• Deposits in Transit
Outstanding Checks (191,001)
Adjusted Treasurer's Balance $ 13,195,813
•
6,03
Page 2 of 9
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City of Atascadero
Investments by Type
May 2000
Government Securities
10% Corporate
Certificates of Deposit Paper Cash with
4%
24% Fiscal Agent
1
°/0
Other
0%
LAIF
61%
Investment May 2000
LAIF $ 7,920,091
Certificates of Deposit 3,007,092
Government Securities 1,233,435
Corporate Paper 475,772
Cash with Fiscal Agent 145,486
Other 3,390
$ 12,785,266
i
G 0 8
Page 7 of 9
City of Atascadero
Investments by Maturity
• May 2000
One Month to One Year
Within 14%
One Month One to Five Years
1% 21%
u�
•
On Demand
63%
Investment May 2000
On Demand $ 7,923,481
Within One Month 529,427
One Month to One Year 1,480,556
One to Five Years 2,706,317 "
$ 12,639,780
•
G�9
Page 8 of 9
City of Atascadero
Investments by Holding Company
May 2000
Wexford Clearing Services Riverway
12% Trust
3% Bank of
Penson Financial Corp.
New York
21% 1% City of
Atascadero
1%
E
•
•
State of California
62%
Investment May 2000
State of California $ 7,920,091
Penson Financial Corp. 2,712,277
Wexford Clearing Services 1,486,802
Riverway Trust 378,740
Bank of New York 139,748
City of Atascadero 147,608
$ 12,785,266
Page 9 of 9
ITEM NUMBER: A - 2
' DATE: 12-12-2000
1918 19 9
City Treasurer's Agenda Report
David Graham
Treasurer's Report - June 2000
RECOMMENDATION:
City Treasurer and Staff recommend that Council review and accept the June 2000
Treasurer's Report
REPORT IN BRIEF:
Cash and Investments
Checking $ 802,596
Money Market Accounts 3,402
Certificates of Deposit 2,720,836
Government Securities 990,455
Corporate Paper 475,773
LAIF 8,060,091
Cash with Fiscal Agents 146,217
Cash in Banks at June 30, 2000 $ 13,199,370
Deposits in Transit -
Outstanding Checks (266,422)
Cash and Investments at June 30, 2000 $ 12,932,948
FISCAL IMPACT: None
RESPONSIBLE DEPARTMENT: Finance
ATTACHMENTS: Cash and Investments Activity Summary
Investment Report
Graphs:
i Investment by Type
Investment by Maturity
Investment by Holding Agency
Page 1 of 9
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITYSUMMARY •
FOR THE MONTH OF JUNE 2000
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
June 1, 2000 $ 601,548 $ 12,639,780 $ 145,486 $ 13,386,814
Receipts 956,954 10,777 731 968,462
Disbursements (1,155,906) (1,155,906)
Transfers In 600,000 200,000 800,000
Transfers Out (200,000) (600,000) (800,000)
Balance per Banks at
June 30,2000 $ 802,596 $ 12,250,557 $ 146,217 13,199,370
Deposits in Transit •
Outstanding Checks (266,422)
Adjusted Treasurer's Balance $ 12,932,948
•
C32
Page 2 of 9
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City of Atascadero
Investments by Type
• June 2000
Government Securities
Certificates of Deposit 8% Corporate Paper
22% 4%
Cash with
Fiscal Agent
1%
h
10 s '
Other
LAIF
65%
Investment June 2000
LAIF $ 8,060,091
Certificates of Deposit 2,720,836
Government Securities 990,455
Corporate Paper 475,773
Cash with Fiscal Agent 146,217
Other 3,402
$ 12,396,774
•
C17
Page 7 of 9
City of Atascadero
Investments by Maturity
June 2000 •
One Month to One Year
Within One Month 12% One to Five Years
0% 22%
On Demand •
66%
Investment June 2000
On Demand $ 8,063,493
Within One Month -
One Month to One Year 1,480,747
One to Five Years 21706,317
$ 12,250,557
•
01
Page 8 of 9
City of Atascadero
Investments by Holding Company
• June 2000
Gibraltor Securities Riverway
Trust
11% Bank of
0
Penson Financial Corp. /0 New York
City
20% a 1% Ct Of
# Atascadero
•
State of California
65%
Investment June 2000
State of California $ 8,060,091
Penson Financial Corp. 2,469,309
Gibraitor Securities 1,296,803
Riverway Trust 282,293
Bank of New York 140,396
City of Atascadero 147,882
$ 12,396,774
01
Page 9 of 9
ITEM NUMBER: A-3
a ii a'® ®M j DATE: 12/12/2000
iaia s i9�e
Atascadero City Council
Staff Report - Public Works Department
Authorization To Purchase Equipment
RECOMMENDATION:
Council authorize the purchase of a Turf Sweeper from H.V. Carter Company, Inc.
DISCUSSION:
Turf Sweepers are used to pick up grass clippings, debris and leaves. The parks and facilities of
Atascadero have large turf areas and many trees. Currently City crews use a machine loaned by
the Atascadero Unified School District, which has proven to be mechanically unreliable. The
Sweeper will help keep the parks clean and pleasant for the publics use.
Bids for the purchase were advertised, and specification packets were provided to seven vendors.
Two bids were received, of these, only one meets our needs and the bid specifications.
FISCAL IMPACT:
The low bid for this project is $20,913.75. This is a budgeted project and funds are available in
the 2000/01 budget.
ATTACHMENTS: Bid Summary Sheet
Cf 2 0
Cl'*ty o Atascadero
Office of the City Clerk
BID SUMMARY
TO: Steve Kahn,Public Works
FROM: Marcia McClure Torgerson, City Clerk
BID NO.: 2000-11
OPENED: 11/17/00, 2:00 p.m.
PROJECT: Purchase of Turf Sweeper
(2)Bids were received and opened today, as follows:
Bidder Base Bid
H.V. Carter Company,Inc.
Leroy Ball, Branch Manager $20,913.75
6678 Avenue 304,#A
Visalia, CA 93291
C. R. Jaeschke, Inc.
Power Equipment $ 3,216.43
7817 Ostrow Street
San Diego, CA 92111-3602
Attachments: 2 bids
•
ITEM NUMBER: A-4
"s e e® IM DATE: 12/12/2000
i
X3
Atascadero City Council
Staff Report— Community Development Department
Acceptance of Phase 1 of Final Tract Map 98013 /Tract 2317
3900 Traffic Way
(Shores / Wilson Survey / RTC)
RECOMMENDATION:
Council accept Phase 1 of Final Tract Map 98013 /Tract 2317 including the dedication of
Traffic Way for public acceptance.
DISCUSSION:
Tentative Tract Map 98013 was approved by the City Council on November 9, 1999 in
conjunction with General Plan Amendment 98002 and Zone Change 98004 (Davis Property
Cluster Subdivision). The tentative map approval allowed the subdivision of 39.9± acres into 36
single-family lots, 3 industrial lots, 1 parkland lot and 1 open space lot as shown on Attachment
1. The tentative map approval allows for the recording of phased final maps. This acceptance is
for the first phase Final Map consisting 25.7± acres, which will create 13 single-family lots, 3
industrial lots and a portion of Traffic Way.
Pursuant to California Government Code Section 66440 the approving legislative body (City
Council) can not deny a final map that is consistent with an approved tentative map. Staff has
determined that the Final Map is consistent with Tentative Tract Map approval 98013, and all
conditions of approval imposed by the City Council have been satisfied. The Final Map includes
the dedication of Traffic Way, an arterial street for public acceptance.
FISCAL IMPACT: Negligible: City already maintains Traffic Way
ATTACHMENTS: Attachment l: Approved Tentative Tract Map 98013
Attachment 2: General Plan/Zoning Map
022
ITEM NUMBER: A-4
DATE: 12/12/2000
Attachment 1
Approved Tentative Tract Map 98013/Tract 2317
Shores/Wilson Survey/RTC
u
' Final Map
\5 I Phase 1
\ r
d.
I ? "4
� I 7
I 1•�` IS I� �y
1
i 4i •}
� \r
!tt I I
I ► , ` c
y 4�0 \�
Gla
ITEM NUMBER:
DATE: 12-12-00
Attachment 2
General Plan/Zoning Map
Shores/Wilson Survey/RTC
e.
a a
Future Park Site
� P
s 3
_r
€ €
x �
&T€ why
4
Project Site
024
ITEM NUMBER: A-5
s' N'® i DATE: 12/12/2000
ia�s A 1975
Atascadero City Council
Staff Report - Police Department
1999 Local Law Enforcement Block Grants Program
RECOMMENDATION:
Council authorize the Police Department to purchase specialized police supplies and equipment
allocated under the 1999 Local Law Enforcement Block Grants (LLEBG) Program.
DISCUSSION:
Background: The Bureau of Justice Assistance has awarded the City of Atascadero $19,328
under the 1999 Local Law Enforcement Block Grants Program. The purpose of the LLEBG
• Program is to reduce crime and improve public safety. The funds can be used for procuring
equipment, technology and other material directly related to basic law enforcement functions.
One of the grant requirements was to assemble an advisory board to approve the proposed
purchases. The board was assembled on 11/21/00 and was comprised of representatives of the
following: the local police department, prosecutor, court system, school system and a local non-
profit community groups. The advisory board concurred that specialized police equipment
including Communication Equipment upgrades, Tactical Team Equipment, Investigative
Equipment, specialized Police Supplies, and funding the Citizen's Academy were appropriate
uses of these grant funds. The communications equipment upgrades will be used in addition to
other grant funds from other sources to improve/upgrade the radio communication capabilities of
our system. Including the computer aided dispatch system.
FISCAL IMPACT:
None. (The City's required 10% match of funds will be easily met through the ongoing purchase
of specialized police equipment.)
ATTACHMENTS: Proposed Budget Items List
G 2 5
ATASCADERO POLICE DEPARTMENT
MEMORANDUM
To: Wade G. McKinney, City Manager
From: Dennis J. Hegwood, Chief of Police
Subject: Proposed Budget Items for the 1999/2000 and 2000/2001 LLEBG Funds
Date: December 4, 2000
1999/2000 LLEBG
Total Funds Available: $19,328
Tactical Team Equipment $ 6,595
Communication System Upgrades $ 4,320
CLETS Upgrade $ 603
Investigative Equipment $ 1,960
Electric Door Lock Replacement $ 1,700
Ballistic Shield $ 1,650 •
Portable Radios $ 2000
Citizens Academy $ 500
Total $ 19,328
2000/2001 LLEBG
Total Funds Available: $17,813
Telephone Logger-Recorder System $ 12,333
County Message Switch Upgrade $ 5,000
Total $ 17,333
G 2 6
ITEM NUMBER: A-6
all 1,111 a'm j DATE: 12/12/2000
i9ia a ts�e
• SCADF,�//
City Manager's Agenda Report
Wade G. McKinney
2000 Local Law Enforcement Block Grants Program
RECOMMENDATION:
Council authorize the Police Department to purchase specialized police supplies and equipment
allocated under the 2000 Local Law Enforcement Block Grants (LLEBG) Program.
DISCUSSION:
Background: The Bureau of Justice Assistance has awarded the City of Atascadero $17,813
under the 2000 Local Law Enforcement Block Grants Program. The purpose of the LLEBG
Program is to reduce crime and improve public safety. The funds can be used for procuring
equipment,technology and other material directly related to basic law enforcement functions.
One of the grant requirements was to assemble an advisory board to approve the proposed
purchases. The board was assembled on 11/21/00 and was comprised of representatives of the
following: the local police department, prosecutor, court system, school system and a local non-
profit community groups. The advisory board concurred that specialized police equipment
including Tactical Team Equipment, Communication System Upgrade, Investigative Equipment,
Specialized Equipment, Special Event Overtime, Portable Radios, and funding the Citizen's
Academy were appropriate uses of these grant funds. The communications equipment upgrades
will be used in addition to other grant funds from other sources to improve/upgrade the radio
communication capabilities of our system. Including the computer aided dispatch system.
FISCAL IMPACT:
None. (The City's required 10% match of funds will be easily met through the ongoing purchase
of specialized police equipment.)
ATTACHMENTS: Proposed Budget Items List
0 2'7
ATASCADERO POLICE DEPARTMENT
MEMORANDUM
To: Wade G. McKinney, City Manager
From: Dennis J. Hegwood, Chief of Police
Subject: Proposed Budget Items for the 1999/2000 and 2000/2001 LLEBG Funds
Date: December 4, 2000
1999/2000 LLEBG
Total Funds Available: $19,328
Tactical Team Equipment $ 6,595
Communication System Upgrades $ 4,320
CLETS Upgrade $ 603
Investigative Equipment $ 1,960
Electric Door Lock Replacement $ 1,700
Ballistic Shield $ 1,650
Portable Radios $ 2000 ,
Citizens Academy $ 500
Total 19,328
2000/2001 LLEBG
Total Funds Available: $17,813
Telephone Logger-Recorder System $ 12,333
County Message Switch Upgrade $ 5,000
Total $ 17,333
•
ITEM NUMBER: A-7
DATE: 12/12/2000
1918' ® 1979
i
��.SrADE�j
Atascadero City Council
Staff Report— Community Services Department
Agreement With The County Of San Luis Obispo
To Provide After-School Recreation Programs For Teens
RECOMMENDATION:
Council authorize the Mayor to sign an agreement with the County of San Luis Obispo
Department of Social Services to fund and expand the Recreation, Educatioh and Community
(R.E.C.) Program, a free After-School Program for teens, located on the campus of Atascadero
Junior High School.
DISCUSSION:
The City of Atascadero, Department of Community Services currently conducts the Recreation,
Education and Community (R.E.C.) program, a free After-School Program for teens, on the
campus of Atascadero Junior High School. This program provides free directed and supervised
activities for Atascadero teens, and has been jointly funded by the City of Atascadero and the
Atascadero Unified School District for approximately four years. Both the School District and
the City have contributed six thousand dollars to fund R.E.C. for the past two fiscal years.
The City and the School District have several goals in providing the R.E.C. program, some of
which include:
■ To increase school youth resiliency and potential for long-term success by providing
effective after-school programs that promote critical development assets.
■ To provide a safe, accessible and affordable environment for these programs.
■ To increase school success with after-school support and the integration of challenging,
positive experience into the learning process.
■ To strengthen positive connections between youth and community through the integration of
the public, private and non-profit sectors of the community including the' arts, recreation,
higher education and business.
. To promote self-confidence, competency, and leadership through regular youth community
services.
■ To improve the overall health of youth through prevention programming addressing gang and
violent activity, substance abuse, and overall heath issues.
Ci
ITEM NUMBER: A-7
DATE: 12/12/2000
■ To limit the number of juvenile contacts with Law Enforcement during the after-school
hours, a time when a majority of juvenile crimes occur.
The County of San Luis Obispo, Department of Social Services (DSS) also desires the outcomes
mentioned above and has offered to provide forty thousand dollars in funding- for the R.E.C.
program during the fiscal year 2000-2001. County DSS staff who participate on the Atascadero
Youth Task Force sought these funds from the County of San Luis Obispo in order to expand the
R.E.C. program which may potentially increase the number of CalWORKS participants who
work. By providing safe directed activities for teens after school, some Atascadero Ca1WORKS
participants may have additional incentive to work, as an adequate and dependable supply of
childcare and after-school programs contribute to increased work productivity for parents as well
as decreased tardiness and absenteeism. The City of Atascadero is not obligated under the terms
of this agreement to verify any of the specifically stated desired outcomes.
Staff is recommending that the City Council authorize this agreement between the City of
Atascadero and the County of San Luis Obispo Department of Social Services which will allow
for the expansion of the R.E.C. program.
FISCAL IMPACT:
Approval of the proposed Agreement with the County of Sari Luis Obispo, Department of Social
Services will provide the City of Atascadero with forty thousand dollars during Fiscal Year
2000/2001, for the expressed purpose of providing after-school recreation programs for teens.
ALTERNATIVES: None
ATTACHMENTS:
Attachment #1- Draft Contract between the City of Atascadero and the County of San Luis
Obispo Department of Social Services
C30
Contract#C037 2000
• SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES
CONTRACT FOR AN AFTER SCHOOL PROGRAM
This contract is entered into this day of , 2000, by and
between the County of San Luis Obispo (hereinafter referred to as"County") and the City.of
Atascadero (hereinafter referred to as"Contractor").
WITNESSETH
WHEREAS, the County of San Luis Obispo has need for activities and programs in the
North County area, served by the Atascadero Unified School District that has one Junior High
School serving approximately 900 adolescents, to keep Junior High School students involved and
engaged during the after school hours; and
WHEREAS, the after-school program called R.E.C. (Recreation, Education and
Community) will include key components that will focus on assisting these students to improve
performance in core academic subjects, address safety and at-risk factors such as gang and drug
involvement, offer a variety of opportunities and choices in a supervised setting, including sports
and recreation, enrichment activities, homework and computer clubs, arts and crafts, leadership
and community service; and
WHEREAS, the R.E.C. program will build supportive environments where students can
thrive, develop and maximize their personal assets. The program will focus on academic
performance, development of social and interpersonal skill, and opportunities to develop civic
skills, to become socially responsible, and to experience their own capacity to make a difference
through community service; and
WHEREAS, Contractor is specifically trained, experienced, expert and competent to
perform such special services; and
WHEREAS, the Contractors outcomes include:
• To increase school youth resiliency and potential for long term success by
providing effective after-school programs that promote critical development assets.
• To provide a safe, accessible and affordable environment for these programs.
• To increase school success with after-school support and the integration of
challenging, positive experience into the learning process.
• To strengthen positive connections between youth and community through the
integration of the public, private and non-profit sectors of the community including
the arts, recreation, higher education and business.
•
1
031
Contract 9C037 2000
• To promote self-confidence, competency, and leadership through regular youth •
community services and service learning.
• To improve the overall health of youth through prevention programming
addressing gang and violent activity, substance abuse, and overall heath issues, and
WHEREAS,the County desires the following ancillary outcomes which include:
• To increase the number of CaIWORKs participants who work. (Employment will
be stimulated because the REC program will provide a necessary service that will
allow additional Ca1WORKs participants to be able to enter or remain in the work
force.)
• To increase the earnings of Ca1WORKs participants in Northern San Luis Obispo
County.
• Participants employed in non-subsidized jobs will continue to be self-sufficient.
• To increase work force productivity. (An adequate and dependable supply of
childcare and after-school programs contributes to increased work productivity for
parents as well as decreased tardiness and absenteeism.)
NOW, THEREFORE, the parties mutually agree as follows: .
1. Scope of Service. Pursuant to this Contract, Contractor shall provide to the
County, the following special services:
a. The Contractor will serve as the fiscal agent and program manager.
b. Students will be reached through already established relationships with
Atascadero Junior High School and the Contractor, and through
distribution of flyers, direct mailings to AJHS students. (The County will
assist in the identification of Ca1WORKs participants.)
C. The REC program will serve approximately 20 to 50 North County Junior
High School aged students every weekday afternoon throughout the school
year.
d. The REC program will begin immediately upon release of students from
Atascadero Junior High School until 5:00p.m.
e. Transportation will be made available, as needed, to all participating
students, using the most appropriate, effective and efficient method of
2
•
032
Contract#C037 2000
transportation possible, including but not limited to standard Atascadero
• Unified School District School bus routes,purchasing CCAT bus system
passes, Dial-A-Ride, or the use of a passenger van provided by the
Contractor.
£ The program staff will facilitate a group meeting and "hangout" time,then
students will choose from a variety of program options designed to both
enrich and challenge. Some options will be offered to all, some will be
available by personal choice, some will require a once a week commitment.
(1) Drop-in Game Room. An area will be set aside every day with a
variety of board and computer games.
(2) Video Lounge Room. An area will be set aside every day of the
program for a TV/VCR to play a variety of movies selected by
REC Program staff.
(3) Special Interest Clubs such as a chess club,computer club, science
club and others will be conducted once a week by Atascadero Jr.
High School teachers and staff.
g. The Contractor, with parent and community volunteers will offer a variety
• of recreation and intra-mural sport activities, including:
(1) Soccer
(2) Volleyball
(3) Kick-ball
(4) Jump-rope
(5) Basketball
h. Opportunities for leadership development and activity planning will be
expanded through group work and low initiative, trust building, and
teamwork experiences.
(1) The students participating will have an ongoing opportunity to
request and implement various program ideas, while developing
cooperation, communication, and teamwork skills.
• 3
033
Contract#C037 2000
i:_ Community Services projects will be coordinated by REC Program staff to •
allow student to participate in a variety of community clean-up and
beautification efforts.
j. The Chamber of Commerce and the business community will be
approached to provide after school mentors and learning experiences from
the working world, giving students contact with and the opportunity to
learn about the myriad of possibilities within their own communities.
k. Both parent and student advisory committees will be established to assure
achieving both outreach and feedback/evaluation goals. These groups will
play three key roles:
(1) To help design the formats and to disseminate information to the
broader community with an emphasis on the targeted population.
(2) To participate in the ongoing planning process.
(3) To play a role in obtaining feedback and implementing continuous
improvement.
1. In addition, feedback will be directly sought from the broader community
by employing the strategies used for a needs assessment, i.e., surveys and •
small focus groups with both parent and students.
(1) These will be conducted annually in conjunction with special events
held as part of the various program components.
(2) This will assure diversity of perspectives overseeing and assessing
both the success and the need for change in the program.
2. Compensation. County shall pay to Contractor as compensation in full for start up
expenses and all services performed by Contractor pursuant to this Contract, not to exceed the
sum of$40,000 (forty thousand dollars), within ten(10) days after receipt of an itemized
statement from Contractor required by paragraph 3 herein, which has been previously approved
by an appropriate representative of the County department for whom contractor is directly
working.
3. Billing. Contractor shall submit to the County, on a monthly basis, a detailed
statement of services performed during that preceding period, including the number of hours of
work performed. Billings shall be submitted to Gladys Kintz, Fiscal Officer, Department of Social
Services, P. O. Box 8119, San Luis Obispo, CA 93403-8119.
4
•
034
Contract 4C037 2000
• 4. Term of Contract. This contract shall commence on July 1, 2000, and shall
terminate on June 30, 2001, unless said work is completed on a date prior thereto or unless
terminated earlier as provided herein. Termination of the Contract may be effectuated by the
Department Head without the need for action, approval or ratification of the Board of
Supervisors.
5. Termination of Contract for Convenience of Either Party. Either party may
terminate this contract at any time by giving to the other party thirty(30) days written notice of
such termination. Termination shall have no effect upon the rights and obligations of the parties
arising out of any transaction occurring prior to the effective date of such termination. Contractor
shall be paid for all work satisfactorily completed prior to the effective date of said termination.
6. Termination of Contract for Cause. If Contractor fails to perform Contractor's
duties to the satisfaction of the County or if Contractor fails to fulfill in a timely and professional
manner Contractor's obligations under this Contract or if Contractor shall violate any of the terms
or provisions of this Contract or if Contractor, Contractor's agents or employees fail to exercise
good behavior either during or outside of working hours that is of such a nature as to bring
discredit upon the County, then County shall have the right to terminate this Contract effective
immediately upon the County giving written notice thereof to the Contractor. ,Termination shall
have no effect upon the rights and obligations of the parties arising out of any transaction
occurring prior to the effective date of such termination. Contractor shall be paid for all work
satisfactorily completed prior to the effective date of such termination. If County's termination of
• Contractor for cause is defective for any reason, including but not limited to County's reliance on
erroneous facts concerning Contractor's performance, or any defect in notice thereof, County's
maximum liability shall not exceed the amount payable to Contractor under paragraph 2 above. i
7. Equal Employment Opportunity. During the performance of this contract, the
Contractor agrees that it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin, and hereby promise to comply with the
provision on contractor agreements contained in Presidential Executive Order Number 11246.
8. Entire Agreement and Modification. This Contract supersedes all previous
contracts and constitutes the entire understanding of the parties hereto. Contractor shall be
entitled to no other benefits than those specified herein. No changes, amendments or alterations
shall be effective unless in writing and signed by both parties. Contractor specifically
acknowledges that in entering into and executing this Contract, Contractor relies solely upon the
provisions contained in this Contract and no others.
9. Non-Assignment of Contract. Inasmuch as this Contract is intended to secure the
specialized services of the Contractor, Contractor may not assign,transfer, delegate or sublet any
interest therein without the prior written consent of County and any such assignment, transfer,
delegation or sublease without the County's prior written consent shall be considered null and
void.
•
5
035
Contract#C037 2000
10. Covenant. This Contract has been executed and delivered in the State of •
California and the validity, enforceability and interpretation of any of the clauses of this Contract
shall be determined and governed by the laws of the State of California. All duties and obligations
of the parties created hereunder are performable in San Luis Obispo County and such County
shall be the venue for any action or proceeding that may be brought or arise out of, in connection
with or by reason of this Contract.
11. Enforceability. If any term, covenant, condition or provision of this agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
12. Employment Status. Contractor shall, during the entire term of the Contract, be
construed to be an independent Contractor and nothing in this Contract is intended nor shall be
construed to create an employer-employee relationship, a joint venture relationship, or to allow
County to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Contract;provided always however that
the services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services.
Contractor understands and agrees that Contractor's personnel are not and will not be
eligible for membership in or any benefits from any County group plan for hospital, surgical or
medical insurance or for membership in any County retirement program or for paid vacation, paid •
sick leave or other leave, with or without pay or for any other benefit which accrues to a County
employee.
13. Warranty of Contractor. Contractor warrants that Contractor and each of the
personnel employed or otherwise retained by Contractor are properly certified and licensed under
the laws and regulations of the State of California to provide the special services herein agreed to.
14. Indemnification. Contractor shall defend, indemnify and save harmless the County
of San Luis Obispo, its officers, agents and employees, from any and all claims, demands,
damages, costs, expenses,judgments or liability arising out of this contract or attempted
performance of the provisions.hereof, including but not limited to those predicated upon theories
of violation of statute, ordinance, or regulation, professional malpractice, negligence, or
recklessness including negligent or reckless operation of motor vehicles or other equipment,
furnishing of defective or dangerous products or completed operations, premises liability,
violation of civil rights and also including any adverse determination made by the Internal
Revenue Service or the State Franchise Tax Board with respect to Contractor's "independent
contractor" status that would establish a liability for failure to make social security and income tax
withholding payments, or any act or omission to act, whether or not it be willful, intentional or
actively or passively negligent on the part of Contractor or his agents, employees or other
independent contractors directly responsible to Contractor;providing further that the foregoing
6 •
036
Contract#C037 2000
• shall apply to any wrongful acts or any active or passively negligent acts or omissions to act,
committed jointly or concurrently by Contractor or Contractor's agents, employees or other
independent contractors and the County, its agents, employees or independent contractors.
Nothing contained in the foregoing indemnity provision shall be construed to require
indemnification for claims, demands, damages, costs, expenses or judgments resulting solely from
the negligence or willful misconduct of the County.
15. Insurance. Contractor shall obtain and maintain for the entire term of Contract and
Contractor shall not perform any work under this Contract until after he has obtained commercial
general public liability insurance, in companies acceptable to the County, authorized to issue such
insurance in the State of California. Said insurance shall consist of the following:
a. Liability Insurance: Contractor shall maintain in full force and effect, for
the period covered by this Contract, commercial liability insurance. This
commercial general and automobile liability insurance shall include, but not
be limited to, protection against claims arising from bodily and personal
injury, including death resulting therefrom and damage;to property,
resulting from any act or occurrence arising out of Contractor's operation
in the performance of this Contract, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total
amount of$1,000,000 (one million dollars).
The following endorsements must be attached to the policy:
(1) If the insurance policy covers an "accident" basis, it must be
changed to "occurrence."
(2) The policy must cover personal injury as well as bodily injury.
(3) Blanket contractual liability must be afforded and the policy must
contain a cross liability or severability of interest endorsement.
(4) The County of San Luis Obispo, its officers, employees and agents
shall be named as additional insured under the policy, and the policy
shall provide that the insurance will operate as primary insurance
and that no other insurance effected by the County will be called
upon to contribute to a loss hereunder.
b. Workers' Compensation Insurance: In accordance with the provisions of
Section 3700 of the Labor Code, Contractor, if Contractor has any
employees, is required to be insured against liability for workers'
•
7
037
Contract#C037 2000
compensation or to undertake self-insurance. Contractor agreed to comply
with such provisions before commencing the performance of the work of
this Contract.
C. The following requirements apply to all insurance to be provided by
Contractor:
(1) A certificate of insurance shall be furnished to County prior to
commencement of work. Upon request by the County, Contractor
shall provide a certified copy of any insurance policy to the County
within ten(10) working days.
(2) Certificates and policies shall state that the policies cannot be
canceled or reduced in coverage or changed in any other material
aspect without thirty(30) days prior written notice to the County.
Both the insurance company and Contractor shall have a 100%
responsibility and liability to provide the notice to County.
(3) Approval of the insurance by County shall not relieve or decrease
the extent to which the Contractor may be held responsible for
payment of damages from Contractor's services or operations
pursuant to this Contract.
d. If Contractor fails or refuses torocure or maintain the insurance required
P q
by this paragraph or fails or refuses to furnish County with required proof
that insurance has been procured and is in force and paid for, County shall
have the right, at County's election,to forthwith terminate this Contract.
16. Records:
a. Contractor shall keep complete and accurate records for the services
performed pursuant to this Contract and any records required by law or
government regulation and shall make such records available to County
upon request.
b. Contractor shall assure the confidentiality of any records that are required
by law to be so maintained.
C. Contractor shall prepare and forward such additional or supplementary
records as County may reasonably request.
17. Accounting. Contractor shall maintain accounting records in accordance with
generally accepted accounting principles. The Contractor shall obtain the services of a qualified
bookkeeper or accountant to ensure that accounting records meet this requirement. •
8
Contract#C037 2000
• Contractor shall maintain acceptable books of accounts which include,but are not limited
to, a general ledger, cash receipts journal, cash disbursements journal, general journal and payroll
journal.
Contractor shall record costs in a cost accounting system, which clearly identifies the
source of all costs. Contract costs shall not be co-mingled with other project costs, but shall be
directly traceable to contract billings to the County.
The use of worksheets to produce billings shall be kept to a minimum. If worksheets are
used to produce billings, all entries should be documented and clearly traceable to the
Contractor's cost accounting records.
All accounting records and supporting documentation shall be retained for a minimum of
five (5) years or until any audit findings are resolved, whichever;is later. Contractor shall
safeguard the accounting records and supporting documentation.
Contractor shall make accounting records and supporting documentation available on
demand to the County for inspection and audit. Disallowed costs shall be repaid to the County.
The County may require having the Contractor's accounting records audited, at Contractor's
expense, by an accountant licensed by the State of California. The audit shall be presented to the
County Auditor-Controller within thirty(30) days after completion of the audit.
• 18. Notices. Any notice required to be given pursuant to the terms and provisions
hereof shall be in writing and shall be sent by first class mail to the County at:
Lee Collins, Director
Department of Social Services
P0Box 8119
San Luis Obispo, CA 93403-8119
(805) 781-1825
and to the Contractor:
Geoff English, City of Atascadero
City of Atascadero
6500 Palma Avenue
Atascadero CA 93422
19. Performance Reports. Written reports shall be submitted monthly by Contractor
to County by the 10th dayof each month succeeding the month within which the report is
concerned. The report shall describe the objectives to the services being provided and a means to
measure them, plus any problems anticipated in performing said work in the future. Reports are
to be submitted to Grace Conklin, Department of Social Services, P.O. Box 8119, San Luis
• Obispo, CA 93403-8119.
9 03g
Contract#C037 2000
22. Confidentiality. Contractor shall participate in this contract for purposes directly •
connected with the administration of public social services. Contractor shall assure the
confidentiality of any client records that are required by law to be so maintained. Contractor
understands that any breach of Welfare and Institutions Code Sections 827 and 10850 may be a
criminal misdemeanor. Contractor will not permit access to any client records by any person
under Contractor's supervision until he/she has received training in confidentiality and has signed
an oath to protect confidentiality of client records and juvenile court proceedings.
•
•
10
040
Contract#C037 2000
IN WITNESS WHEREOF, County and Contractor have executed this Contract on the
day and year first hereinabove set forth.
COUNTY OF SAN LUIS OBISPO CONTRACTOR
By: By:
Chairman of the Board of Supervisors
Title:
ATTEST: By:
Title:
By:
Clerk of the Board of Supervisors
By:
Deputy Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By: ✓ G' (�
�Depu4y County C unsel
Dated:
(g.WCMMA\ContractCityofAtascadero2000.wpd)
•
11 041
ITEM NUMBER: B-1
DATE: 12/12/2000
5
1918 A 1 9
4W
Atascadero City Council
Staff Report - Fire Department
Open / Hazard Abatement Burning
RECOMMENDATION:
Council adopt, on first reading by title only,the draft Ordinance, amending Chapter 7, Section 5
of the Atascadero Municipal Code relating to Backyard Burning.
DISCUSSION:
In January, Council reviewed the San Luis Obispo County Air Pollution Control District's
(APCD) changes to Backyard Burning. APCD's Rules 501 and 502 are intended to significantly
reduce backyard and developmental burning in those places that still allow burning. APCD's
ultimate goal is to protect public health, enhance visibility, and improve air quality. After
reviewing APCD's Rules 501 and 502, Council determined that, although we support clean air,
green waste, and alternative programs, such as chipping, composting etc., that due to
Atascadero's extreme fire hazard and green waste conditions, it would be difficult to eliminate all
burning in the City. Therefore, Council directed staff to enter into a Memorandum of
Understanding (MOU) with APCD, noting the following:
A. The City continues to regulate burning in Atascadero and redirect the
program from beautification to the prevention of fire hazards. Exceptions
would include, Hazard Reduction, Fire Fighting Training, Disease or Pest
Prevention, Agricultural Operations and Developmental.
B. The City of Atascadero will determine compliance requirements.
C. Review, analyze and improve the current green waste program and
contract. Potentially make the green waste pick-up program weekly.
Consider establishing and maintaining predetermined green waste drop off
sites throughout the city.
042
ITEM NUMBER: B-1
DATE: 12/12/2000
D. Prepare a public information/education program encouraging the use of
the green waste program and appropriate burning.
E. Provide community base training on composting or mulching and on-site
recycling.
Currently, the green waste collection program (subject to change), picks up every other week 1
yard of material. Material types include grass clippings, leaves, twigs, and branches not
exceeding 3" in diameter, bundles of branches (no longer than 3' in length and 12" in
diameter.
In order to obtain hazard reduction burning approval, the property must produce more waste than
can be collected on an annual basis.
FISCAL IMPACT: Minimal for: Public Education Programs Inspections
ALTERNATIVES: Discontinue Burning
Adopt APCD's Rule 501 and 502
ATTACHMENTS: Draft Ordinance-Open/Hazard Abatement Burning
APCD's 501 & 502
APCD's Letter of Support
043
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO AMENDING CHAPTER 7 TO TITLE 5 OF
THE ATASCADERO MUI:TICIPAL CODE P,-ELATL;TG T O THE
BACKYARD BURNING
dine City Couincll of the Ci�y of r�-�tascadero, Caiinvrnia, does ordain as
follows:
CHAPTER 7
Section 5. , _ a, . .a.v_ .1 w.,.._
OpEiV HAZARD ABA TEIVENT BURNING
5-7.01 Purpose.
Controlled open burning of natural waste from shrubbery and trees grown on
.r
property is necessary within the
City to reduce the amountofavailable fuel which can be burned during
• wildfires.
Bu ning in the City causes the emission of smoke., gas and other components
of combustion which under certain atmospheric and meteorological
condition--, contaminate and pollute the atmosphere to an extent that is
detrimental to the health, safety and welfare of the inhabitants of the City,
and that unless regulated in the manner in this chapter provided, such
emission of smoke, gas and other air contaminants and pollutants will
continue to interfere with and endanger the comfort, health, welfare and
safety of such inhabitants of the City. (Ord. 213 § 1 (part), 1991)
•
1of5 044
5-7.02 Burning limitations.
The C.Lof 4tascadero�c 0 /I�naard Abatement Burning wi_11 be limited
to the follow
To reduce health hazards from the. resultant smoke from controlled burning;
the following restrictions shall apply:
(a) Burning shall be limited to natural wastes from shrubbery
and trees grown on property
that
are of the size and quantity that cannot be practically
disposed of through the city's green waste collection
program., cannot be disposed of h,w any other means, and
are considered a fire hazard.
(h) Material_ to be burned shall he free of household rubbish
lumber, rubber, plastics, tar, paint, creosote,
hydrocarbons or any man-made waste. Shrubbery and •
tree prunings shall be dry and reasonably free of dirt and
surface moisture. A minimum of three (3) weeks from
the time of cutting will be required for drying.
(c) Burning of grass, weeds or pilled leaves shall not be
allowed at any time.
(d) No burning will be allowed if measurable rain has fallen
within the previous five (5) days.
(e) Burning may take place ems} on permissive burn days as
established by the California Air Resources Board and
the San Luis Obispo County Air Pollution Control
District, and or the Atascadero Fire Chief. The. City of
Atascadero Fire Department shall maintain a telephone
tine to disseminate this information on a daily basis. No
persons shall conduct a controlled open burning
operation on a non-permissive burn day. (Ord. 21.3 § 1
(part), 199 1) •
2 of 045
• 5-7.03 Exceptions.
1) The instruction ofpublic employees in the methods of fighting fires.
?l Disease or�n.est prevention, where there is an immediate needf nr and
no reasonable alternative to burning. Permit Required.
3) Property used for industrial pyrposes for the purpose �f instruction of
employees in methods of fighting fire.
4) Fires authorized for a 'icultural burning or disnnsnl ofagrcult?!ral
waste, as defined in Rule 105, Subsection A.3, and pursuant to Rule
502.
5) Fires permitted when related to the Esse of farm equipment ill.
agricultural operations. Permit Required.
6) Ani, other fire authori,7ed in writing by the Air Pollution Vontrol
Officer for the performance of o ficial duty o fa y publico official if
such RermLc cion is given fnr the piirno-ve of ril ht-of-way clearing by a
• public entity or utility, levee, reservoir, and ditch maintenance, or the
prevention of a,f're hn?ard which fire is in the opinion ofsuch
official, necessary. Such authorization shall be predicated upon
,guidelines for meteorningical data promulgated by the Air Resources
Board of the State of California establishing the conditions of
burning.
7) Fires used only for cooking o,food for human beings or for
recreational purposes. Such fires shall not include the burning o
petroleum wastes, tires, tor, tarpaper rubber or plastics or any other
hi"hlX pollutingmaterials.
$1 A. fire i f it can be demonstrated that nothing but carbon dioxide,
nitrogen dioxide or water vapor is emitted under all operatin
conditions.
9 Use of ac&Cres to save life or valuable propert,,pursiiant to the
Public Resources Code, Section 4426.
1 0) The abatement of fires pursuant to Chapter 2 (commencing with
• Section 13055) of Part I of Division 12 o f the Health and SafeV Code.
3 of 046
11) Burning of standing grass or brush. Permit required.
5-7.04 Allowable conditions.
To reduce the hard of wildfires or structure fires due to escaped controlled
burns, the following restrictions shall apply:
(a) Burning may take dace only between the hours of 10:00 a.m. to
4:00 p.m.
(b) Piles of Shrubbery and tree pruning
s shall be no larger than four
(4) feet high and six (6) feet in diameter. A maximum of five
(5) such piles may be burned at one time.
(c) Accelerants (e.g., flammable liquids) shall not be used to start
fires in burn piles.
(d) A responsible adult shall tend burn piles at all times and a
functioning water hose capable of extinguishing the fire(s) shall
be available at all times. •
(e) Burn piles shall be located a minimum of fifty (50) feet from
the property line of neighboring residences and a minimum of
thirty (30) feet from any structure, including wooden fences, on
the same property.
(f) At least fifteen(15) feet of clearance to mineral soil shall be
provided between burn piles and any vegetation or other
combustible material, including but not limited to grass, weeds,
trees, shrubs, and wood piles. (Ord. 213 § 1 (part), 1991)
•
4of5 047
• 5-7.05 Orders of the Fire Chief. _
Due to hazardous weather conditions or threat to public safety,
setae open burning requirements may be canceled or
be temporarily revised at any time by the Fire Chief or his authorized
representative. Failure to follow the lawful orders of the Fire Chief, or a
delegate.thereof, is a violation of this section. (Ord. 213 § 1 (part), 199 1)
5-7.06 Violation: Penalty.
Any person who violates any provision of this chapter or fails to comply
therewith, or violates or fails to comply with any order or regulation made
thereunder, shall be guilty of a misdemeanor and upon conviction thereof
shall be punished as set forth in Title 1, Chapter 3 of this code. Each separate
day, or any portion thereof, during which any violation of this chnntPr occurs
r---
or continues shall constitute a separate offense and upon conviction thereof,
shall be punishable as herein provided. (Ord. 213 § 1 (part), 1991)
•
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SLOAPCD 501 GENERAL BURNING PROVISIONS Page 1 of 4
SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT
REGULATION V •
BURNING PROVISIONS; LIMITATIONS AND PROHIBITIONS
RULE 501. GENERAL BURNING PROVISIONS(Adopted 8/2/76; Revised 7/5/77, 1/10/89,and 1/26/2000)
A. APPLICABILITY.The provisions of this Rule shall apply within the boundaries of San Luis Obispo County to
any person who participates in non-agricultural open burning or developmental burning or who burns green
waste material in an open outdoor fire.
B. DEFINITIONS. For the purposes of this Rule, the following definitions shall apply:
1. "Backyard Burning": The burning of green waste material by occupants of one and two family dwellings.
This type of burning is also known as dooryard or green waste burning.
2. "Burn Barrel":Any equipment, article, machine, contrivance, structure or part of a'structure, other than a
multiple chamber incinerator, used to dispose of combustible material by burning..
3. "Developmental Burning": The open burning of wood waste from trees, vines or bushes on property being
developed for commercial or residential use.
4. "Green Waste Material": Any grass clippings,leaves, weeds, plant prunings, shrubbery, tree trimmings or
branches, Christmas trees or clean yard waste.
5. "Household Rubbish": Any paper, paper products, food waste or trash normally accumulated by a family
in the course of ordinary day-to-day living.
6. "No-Burn Day": Any day on which agricultural burning is prohibited by the California Air Resources Board
(ARB) or the San Luis Obispo County Air Pollution Control District(District). The District may declare any
permissive burn day designated by the ARB to be a no-burn day if necessary to maintain suitable air
quality.
7. "Open Outdoor Fire": Any combustion of combustible material of any type outdoors, in the open, not in
any enclosure, where the products of combustion are not directed through a flue.
8. "Permissive Burn Day": Any day on which the ARB or the District does not prohibit burning of agricultural
wastes.
9. "Smoke Sensitive Sites": Schools, day care centers, parks, hospitals, nursing homes and other public or
private health care facilities.
10. "Urban Reserve Line (URL)":A boundary separating urban/suburban land uses and rural land uses. The •
urban reserve line defines growth areas around urban centers in which the county, or the county and
affected city, will actively coordinate plans, policies and standards relating to building construction, 049
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SLOAPCD 501 GENERAL BURNING PROVISIONS Page 2 of 4
subdivision development, land use and zoning regulations, street and highway construction, public utility
systems, and other matters related to the orderly development of urban areas.
• 11. "Village Reserve Line (VRL)": A boundary which distinguishes developed areas from the surrounding
rural countryside. Village reserve lines are established for: Black Lake, California Valley,
Callender/Garrett, Creston, Garden Farms, Heritage Village, Los Berros, Los Ranchos/Edna, Oak
Shores, Palo Mesa, Pozo, San Simeon Acres, Whitley Gardens and Woodlands.
C. EXEMPTIONS
1. The following are exempt from Section D, General Requirements:
a. A fire set by or permitted by a public officer, if such fire has been authorized in writing by the Air
Pollution Control Officer(APCO) and is in the performance of the official duty of such public officer,
and such fire, in the opinion of such public officer, is necessary for any of the following:
1. The prevention of a fire hazard which cannot be abated by any other reasonable means.
2. The instruction of public employees in the methods of fighting fires.
3. Disease or pest prevention, where there is an immediate need for and no reasonable
alternative to burning.
b. Fires permitted by the APCO on property used for industrial purposes for the purpose of instruction
of employees in methods of fighting fire.
c. Fires authorized for agricultural burning for disposal of agricultural waste, as defined in Rule 105,
Subsection A.3, and pursuant to Rule 502.
d. Fires permitted by the APCO related to the use of farm equipment in agricultural operations.
e. Any other fire authorized in writing by the APCO for the performance of official duty of any public
official, if such permission is given for the purpose of right-of-way clearing by a public entity or
utility, levee, reservoir, and ditch maintenance, or the prevention of a fire hazard, which fire is, in
the opinion of such official, necessary. Such authorization shall be predicated upon guidelines for
meteorological data promulgated by the Air Resources Board of the State of California establishing
the conditions of burning.
f. Fires used only for cooking of food for human beings or for recreational purposes. Such fires shall
not include the burning of petroleum wastes, tires, tar, tar paper, rubber or plastics or any other
highly polluting materials.
g. Any fire if it can be demonstrated that nothing but carbon dioxide, nitrogen dioxide or water vapor
is emitted under all operating conditions.
h. Use of backfires to save life or valuable property pursuant to the Public.Resources Code, Section
4426.
i. The abatement of fires pursuant to Chapter 2, (commencing with Section 13055) of Part 1 of
Division 12 of the Health and Safety Code.
2. Any person conducting backyard burning in the areas of the county that are not specifically defined in
Subsection F.1 is exempt from the requirements of Subsection F.1.
D. GENERAL REQUIREMENTS. No person shall ignite, cause to be ignited, permit to be ignited, or suffer, allow
or maintain any open outdoor fire within the District unless otherwise specified in Section C, E or F, or
• Subsection G.3.
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E. DEVELOPMENTAL BURNING REQUIREMENTS. Effective February 25, 2000, developmental burning shall
be prohibited within San Luis Obispo County except as provided in Subsection E.1.
1. Developmental burning of tree stumps and other wood waste grown on the property be allowed with •
P Y ma Y
prior APCO approval and a burn permit issued by the District, provided there are no technically feasible
alternatives to burning as determined by a District inspection and review.
F. GREEN WASTE BURNING REQUIREMENTS
1. The backyard burning of green waste material in an open outdoor fire shall be prohibited according to the
following compliance schedule:
Compliance Schedule
a. Effective January 26, 2000, backyard burning shall be prohibited within the Urban Reserve Lines
for Baywood Park, Cayucos, Los Osos, Morro Bay, Paso Robles, Pismo Beach, and San Luis
Obispo, and within the Village Reserve Lines for Black Lake, Heritage Ranch, Los Ranchos/Edna,
Oak Shores, and Woodlands. ,
b. Effective May 1, 2000, backyard burning shall be prohibited within the Urban Reserve Lines for
Arroyo Grande, Cambria, Grover Beach, Oceano, and Santa Margarita.
c. Effective May 1, 2001, backyard burning shall be prohibited within the Urban Reserve Lines for
Atascadero, Avila Beach, San Miguel, Shandon, and Templeton, and within the Village Reserve
Lines for Creston, Garden Farms, San Simeon Acres, and Whitley Gardens.
1. Prior to May 1, 2001, District staff shall return to the Air Pollution Control Board (Board) with
a staff report detailing the effectiveness of alternatives to backyard burning in the areas
designated in Subsection F.1.c. The Board shall conduct a duly noticed public hearing to
consider the staff report and public testimony and determine whether the date specified in
Subsection F.1.c should become effective or be extended.
2. Prior to May 1, 2001, a special burn permit issued by the Air Pollution Control District shall
be required in order to burn within 1,000 feet of the outer boundary of a smoke sensitive
site.
d. Effective May 1, 2002, backyard burning shall be prohibited within the Urban Reserve Lines for
Nipomo, and within the Village Reserve Lines for Callender/Garrett, Los Berros, and Palo Mesa.
1. Prior to May 1, 2002, District staff shall return to the Board with a staff report detailing the
effectiveness of alternatives to backyard burning in the areas designated in Subsection
F.1.d. The Board shall conduct a duly noticed public hearing to consider the staff report and
public testimony and determine whether the date specified in Subsection F.1.d should
become effective or be extended.
2. Prior to May 1, 2002, a special burn permit issued by the Air Pollution Control District shall
be required in order to burn within 1,000 feet of the outer boundary of a smoke sensitive
site.
2. Backyard burning of green waste material in an open outdoor fire by occupants of one or two family
dwellings is allowed in all other areas not specified in Subsection F.1, at designated times throughout the
year subject to strict control by fire protection agencies, with the following restrictions: •
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a. The green waste material to be burned must be dry as specified in Subsection F.2.e and must
have originated on the property where the fire is located.
• b. No person shall conduct open outdoor burning on days designated as no-burn days by the ARB or
the District. The ARB will declare each day as a permissive burn day or a no-burn day. The APCO
may prohibit burning, even if it has already been declared as a,permissive burn day, in order to
avoid a significant degradation of the air quality.
c. Effective January 26, 2000, the burning of household rubbish, grass clippings, piled leaves, piled
pine needles or products containing rubber, plastic, tar, creosote or hydrocarbons in an open
outdoor fire is prohibited.
d. On permissive burn days, burning may take place only between the hours of 10:00 a.m. and 4:00
p.m.
e. Drying Times: Material should be dry and reasonably free of surface moisture. A minimum of three
(3)weeks from the time of cutting will be required for prunings and small branches; six(6) weeks
for trees and large branches.
f. No burning shall be allowed if measurable rain has fallen within five (5) days immediately prior to
the proposed burn.
g. Piles of shrubbery and tree prunings shall be no larger than four(4)feet high and six(6) feet in
diameter..
h. Accelerants or flammable liquids shall not be used to start fires in burn piles. Commercially
available starter fluid or lighter fluid is allowed.
i. Burning piles shall be tended by a responsible adult at all times and a functioning water hose
capable of extinguishing the fire shall be available at all times.
j. Burn piles shall be located a minimum of fifty (50) feet from the property line of neighboring
• residences and a minimum of thirty (30)feet from any structure, including wooden fences, on the
same property.
k. At least fifteen (15) feet of clearance to mineral soil shall be provided between burn piles and any
vegetation or other combustible material, including but not limited to grass, weeds, trees, shrubs,
and wood piles.
1. No person shall cause a nuisance by allowing smoke or flying ash produced while burning to
impact neighboring residences and property.
3. The cost of putting out any fire in violation of the terms of this Rule may be imposed on the person
responsible for setting and/or maintaining the fire.
G. BURN BARREL REQUIREMENTS
1. Effective January 26, 2000, burning of green waste or products containing rubber, plastic, tar, creosote or
hydrocarbons in burn barrels is prohibited.
2. Effective January 26, 2000, burning in burn barrels is prohibited inside all areas defined by Urban
Reserve Lines or Village Reserve Lines.
3. Effective January 26, 2000, outside of the URLs and VRLs, burning in burn barrels shall be confined to
• the burning of household rubbish by occupants of one or two-family dwellings. Burn Barrels must have a
permit issued by California Department of Forestry (CDF).
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SLOAPCD 502 AGRICULTURAL BURNING Page 1 of 5
SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT
•
RULE 502.AGRICULTURAL BURNING (Adopted 8/2/76;Revised 7/5/77 and 1/10/89)
A.
1. No person shall set, permit, cause to be set, or allow, or maintain any open outdoor fire for the purpose of
agricultural burning, unless he has a valid agricultural burning permit issued by a designated agency.
2. No permittee shall conduct agricultural burning unless such burning is in compliance with all State laws or
regulations, applicable fire code provisions, and the provisions of this Rule.
3. The Agricultural Commissioner may authorize agricultural burning by a permittee for the purpose of
disease and pest prevention related to an agricultural operation. Such authorization shall be in writing to
the Control Officer and the permit issuing agency.
B. It shall be unlawful for any person (including, but not limited to, permittees)to conduct burning of
agricultural waste unless such person complies with each of the following:
1. Agricultural burning shall take place only on days permitted by public fire protection agencies and the Air
Resources Board.
2. The following materials shall not be burned in agricultural burning: shop wastes, fencing materials,
construction or demolition debris, oil filters, tires, tar paper, plastic except for liners of paper sacks,
buildings, wastes resulting from conversion of farm land to non-agricultural purposes, or anything not
conforming to the definitions of agricultural waste, range improvement burning, forest management
burning, or wildland vegetation management burning.
C. PREPARATION OF MATERIALS
1. Agricultural waste and forest debris shall be reasonably free of dirt and soil, and shall be reasonably free
of visible surface moisture.
2. Agricultural waste and forest debris shall be arranged so as to burn with a minimum of smoke, or shall be
loosely piled or wind-rowed to allow maximum drying prior to burning. Forest debris is to be so prepared
unless contrary to good silvicultural practice.
3. Range improvement or wildland vegetation management burning: Brush to be burned shall be brush
treated at least six months prior to the burn unless brush treatment will cause irrecoverable damage
expense or brush treatment is technically unfeasible. •
For the purposes of this Subsection, "technical unfeasibility" shall mean: 053
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a. that the burn site cannot be reached by treatment equipment or methods; or
• b. that there are unavoidable physical obstacles; or
c. that brush treatment may cause erosion because of slope or soil type; or
d. trees intended to be saved would be destroyed because of brush treatment;
or(e) an insignificant reduction of air contaminants would be achieved by
brush treatment.
Unwanted trees of over six inches in diameter shall be felled and dried for minimum
periods specified below in Subsection D.1 of this Rule. If the burn is to be done
primarily for improvement of land for wildlife and game habitat, the permit applicant
must file with the District a statement from the Department of Fish and Game
certifying that the burn is desirable and proper.
D. DRYING TIMES
1. Except as provided in Subsection C.3 of this Rule, any materials to be burned as agricultural waste, or in
range improvement burning, or wildland vegetation management burning, must be dried prior to burning
for the minimum periods listed below:
-Six (6) weeks for trees and large branches;
-Three (3) weeks for prunings and small branches;
• -Ten (10)days for wastes from field crops.
These periods shall be the time between day of dying or cutting and the day of burning.
2. Any material to be burned in forest management burning must be dried prior to burning for the minimum
periods specified by the permit issuing agency.
E. REGULATION OF TOTAL TONNAGE. Range improvement and wildland vegetation management burning
shall be limited to 2,000 acres for a single burn on any one day; provided, however, that the designated agency
having jurisdiction may increase this acreage to establish perimeter for fire control.
F. TIME LIMITS. Burning of agricultural waste, forest management burning, or wildland vegetation management
burning, may commence at any time after the announcement of a burn-day by the Air Resources Board, but in
no case shall it commence before sunrise. No additional waste or other material for burning, or ignition fuel, shall
be ignited or added to any fire after two hours before sunset for any agricultural burning unless required for
safety reasons by a designated fire control agency.
G.WIND DIRECTION. No person shall ignite an agricultural burn if, at the time of ignition, the wind direction is
toward a populated area within two and one-half(2%2) miles of the burn site, except in the case of threatened
imminent and substantial economic loss. Such threatened economic loss shall be certified in writing by the
Agricultural Commissioner.
• H. IGNITION DEVICES AND METHODS
1. The materials to be burned shall be ignited only by the use of ignition devices approved by the Air C 5 4
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SLOAPCD 502 AGRICULTURAL BURNING Page 3 of 5
Pollution Control Officer. Tires, tar paper, plastics, dirty oils, or similar materials shall not be used. Ignition
devices must comply with the provisions of Rule 401.
2. Agricultural burns shall be ignited as rapidly as practicable within applicable fire control restrictions. •
I. PERMISSIVE BURN OR NO-BURN DAYS. No person shall conduct agricultural burning on days designated
as no-burn days by the State Air Resources Board, except as provided below in Subsection J of this Rule. The
State Air Resources Board will designate each day as a permissive burn or no-burn day.
1. Upon request from a permittee through a designated agency, made seven days in advance of a specific
range improvement burn, wildland vegetation management, or forest management burn below 6,000 feet
(MSL), a permissive burn or no-burn notice will be issued by the State Air Resources Board up to 48
hours prior to the date of the scheduled burn. Without further request, a daily notice will continue to be
issued until a permissive burn notice is issued.
2. A permissive burn or no-burn advisory outlook will be available up to 72 hours in advance of burns
specified in Subsection 1.1 of this Rule.
J.AGRICULTURAL BURNING ON A NO-BURN DAY. No person shall conduct agricultural burning on a no-
burn day except as follows:
1. The Control Officer may, by special permit, authorize agricultural burning by a permittee on days
designated as no-burn days because the denial of such permit would threaten imminent and substantial
economic loss. In authorizing such a burn, the amount of acreage to be burned in any one day shall be
limited by the Control Officer and such burning shall be authorized only when downwind metropolitan •
areas are forecasted by the Air Resources Board to achieve the ambient air quality standards.
2. A permittee desiring to burn on a no-burn day shall obtain a special permit from the Control Officer. No
special permit will be granted unless the Agricultural Commissioner certifies in writing that denial would
threaten imminent and substantial economic loss. Written certification by the Agricultural Commissioner
may follow verbal certification.
3. A permittee may conduct range improvement burning on a no-burn day during the period January 1 to
May 31, of each calendar year, provided that more than 50%of the land being burned has been brush
treated. If the burn is to be done primarily for the improvement of land for wildlife or game habitat, the
Department of Fish and Game may specify the amount of brush treatment required.
4. Notwithstanding the provisions in Subsection 3 of this Section, the Control Officer may prohibit range
improvement burning during the period designated for this burning if, in the opinion of the Air Resources
Board, such prohibition is required for the maintenance of suitable air quality.
5. A permittee may burn empty paper sacks or containers which contained pesticides or other toxic
substances, provided that:
a. the sacks or containers do not consist of any plastics except liners of paper sacks, and
b. the sacks or containers are emptied and burned on the property on which the pesticides or •
other substances were applied, and
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c. the materials burned satisfy the definition of agricultural wastes as specified in Subsection
A.3 of Rule 105.
• Burningconforming to this Subsection may be conducted on no-burn days.
9 Y Y
K. RESTRICTIONS ON TOTAL TONNAGE. No permittee shall conduct, or cause to be conducted, any
agricultural burning in violation of the Control Officer's restrictions when the Control Officer has restricted use of
the permittee's permit as stated hereinafter in this Section K. All agricultural burning permits will be issued with
sequential numbers. The Control Officer may restrict agricultural burning to odd or even numbered permits on
specified days. The goal of this option is to ensure that a major portion of the total tonnage of agricultural
materials is not ignited at one time.
L.WILDLIFE AND GAME HABITAT. No person shall be granted an agricultural burning permit for range
improvement burning where such burning is primarily for improvement of land for wildlife and game habitat,
unless he has first filed with the Control Officer a statement from the.Department of Fish and Game certifying
that the burn is desirable and proper for the improvement of land for wildlife and game habitat.
M.AUTHORIZATION FOR AGRICULTURAL BURNING. No person shall be granted an;agricultural burning
permit for a range improvement, forest management, or wildland vegetation management burn which involves
material from more than five (5) acres, unless he has first filed an application for permit to burn from the
designated agency at least 14 days prior to the intended burn date. A copy of this application will be sent
promptly to the Control Officer by the designated agency.
• N. BURN REPORTS. A permittee or applicant for an agricultural burning permit shall supply all information
requested on the agricultural burning permit form or by the agency issuing the permit and shall make reports of
dates of burning and type and amount of wastes burned as required by the Control Officer.
0. EXCEPTIONS. The following areas are exempted from the provisions of this Rule. These exemptions apply
to the burning of agricultural wastes only and do not apply to range improvement, forest management burning,
or wildland vegetation management burning.
1. Burning of agricultural wastes at 4,000 feet or more above mean sea level.
2. Burning of agricultural wastes at 2,000 feet or more above mean sea level, in that portion of the District
located south of 35 40' N. latitude, east of 120 7.5'W longitude, and north of 35 00' N. latitude.
,P. REVOCATION. The issuing designated agency or the Control Officer may revoke an agricultural burning
permit if it is found that the permit conditions, any State or Federal laws, or the provisions of this Rule have been
violated. The designated agency or the Control Officer shall notify the permit holder in writing of the revocation
and the reasons therefore. Service of the notification of revocation may be by personal delivery or certified mail.
In the case of service by mail, service shall be deemed complete at the time of deposit of the notification in the
United States post office, or a mail box, sub-post office, substation, or mail chute, or other like facility.
• Q.APPEAL.Within ten (10) days after service of notice of revocation specified in Subsection P above, the
permit holder may petition the Hearing Board in writing for a public hearing. The Hearing Board, after notice and
a public hearing held within 30 days after filing the petition, may sustain or reverse the decision of the Control G 5 6
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SLOAPCD 502 AGRICULTURAL BURNING Page 5 of 5
Officer or the designated agency.
R.WILDLAND VEGETATION MANAGEMENT BURNING-INFORMATION REQUIRED. For all burning of •
acreages greater than 100 acres total which meets the definition of"wildland vegetation management burning",
regardless of whether.such burning also meets another definition in Rule 105 or Regulation V,the following
information shall be supplied to the District for review and approval in advance of such burning:
1. Location and specific objectives of the burn project;
2. Acreage or tonnage, type and arrangement of vegetation;
3. ;Directions and distances to nearby sensitive receptor areas;
4. Fuel condition, combustion, and meteorological prescription elements developed for project;
5. Projected schedule and duration of project ignition, combustion, and burndown;
6. Specifications for monitoring and verifying critical project parameters; and
7. Specifications for disseminating project information.
•
•
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AIR POLLUTION
CONTROL DISTRICT
{ COUNTY OF SAN LUIS OBISPO
November 22, 2000
Chief Mike McCain
Atascadero Fire Department
6005 Lewis Ave.
Atascadero, CA 93422
SUBJECT: City of Atascadero Open/Hazard Abatement Burning
Dear Chief McCain:
Thank you for the information on the draft Resolution amending the City of Atascadero's ordinance and
program on Open/Hazard Abatement Burning. The District firmly supports your efforts in revising the
City's program. We also recognize the City of Atascadero's leadership role in addressing alternatives to
burning greenwaste and issues in fire hazard reduction. We encourage the City in its efforts to protect
public heath and safety.
District staff is available to meet with you and your staff to discuss details of implementation of the
City's program and its interface with our Rule. We also have resources to help develop ideas and to
implement a program for public education and information, should you care to call on us for that.
We would encourage representatives from the City to continue to attend and contribute to and benefit
. from the current on-going effort to address developing north county greenwaste alternatives(North
County Workgroup). District staff will continue to send information regarding the scheduled meetings
and minutes of the North County Workgroup to you for your information.
We look forward to working with the City under this program. If you have any questions or if we may be
of further help,please contact me at(805) 781-5912.
Very truly yours,
ROBERT W. CARR
Air Pollution Control Officer
• h:tenfoice\Caren\word\kbdir\rulest500\atasspt.doc
3433 Roberto Court • San Luis Obispo, CA 93401 • 805-781-5912 • FAX: 805-781-1002 e 5 3
cleanair@sloapcd.dst.ca.us www.sloapcd.dst.ca.us
printed on mgcled paper
ITEM NUMBER: C-1
■ w ® i DATE: 12/12/2000
,SCADF,Rp//
Atascadero City Council
Staff Report - Community Development Department
General Plan Update
2001 Work Program
tascadero
Planning Our Future
RECOMMENDATIONS:
Council:
1. Direct staff to complete the public involvement process and General Plan Update as
described in Table 1; and,
2. Authorize the City Manager to execute a revised General Plan contract as described in
Table 2.
DISCUSSION:
Background: When the General Plan Update process began last year, it was envisioned as a
focused clean-up and consolidation effort that would occur primarily at a staff level. The
associated work program and timeline targeted the end of 2000 for completion of the process.
Early in the process, it became apparent to staff that additional community involvement and
input would be necessary to develop a plan that would best reflect the ideals of the citizens of
Atascadero. Staff coordinated a series of nine neighborhood and community meetings to solicit
community input through the first part of the year. At the conclusion of the community
involvement process, staff determined that too many issues remained unresolved and that more
time would be required to reach consensus on the plan.
Cot 09
ITEM NUMBER: C-1
DATE: 12/12/2000
Discussion:
Revised Timeline
With the beginning of the new year, it is staff's intent to wrap-up the public involvement phase
of the process and develop alternative land use plans for public review. The following timeline
identifies recommended target milestones for completion of the General Plan Update. The
timeline provides four separate community events that will create a forum to discuss General
Plan issues and allow the public to provide input on the development of alternative land use
plans. A preferred land use alternative would be selected by March which would allow for a
draft General Plan to be completed in Spring 2001.
Table 1: Revised Timeline
Target Date Task
January 17, 2001 Townhall Meeting: General Plan Issues
January 31, 2001 Community Design Charette Workshops
February 15, 2001 Open House: Public Review of Alternatives
February 28, 2001 Council Workshop: Presentation of Alternatives
April 2001 Administrative Draft General Plan
May 2001 Administrative Draft EIR
Revised Budget
The original project contract was approved by the Council for $125,000 which was to be phased
over fiscal years 99-00 and 00-01. Currently, less than 10% of original contract budget has
be used to date, since the majority of the public involvement and mapping work has been done
in-house by staff. The following scope and budget incorporates the changes in the revised
timeline. There are two changes to the scope that result in an increase in the original approved
project budget.
• Change l: Tasks.1.4, 1.5, and 1.5: Background/Public Involvement
These tasks have been revised to include the new public outreach
program with a net increase of$1,200 over the original budget.
• Change 2: Task 4.2.a.: Traffic Analysis
The traffic analysis task has been revised to include a traffic model
and circulation element update. The model will allow the City to
060
ITEM NUMBER: C-1
DATE: 12/12/2000
predict development impact on the circulation system and
recommend mitigations.
The total budget amendment will increase the General Plan scope by $18,200. Of that amount,
$1,200 will be from the General Fund while the remaining $17,000 will be shifted from the Road
and Bridge Account.
Table 2: Proposed Contract Amendment
Double underlined tasks have been revised from the original contract
Phase 1 Background Work
Initial Meetings $1,000
Document Review $3,500
1.2 Re-affirm Goals $500
1.3 Working Paper $3,000
1.4 Project Coordination $3,000 **
1.5 Public Outreach/Townhall Meeting $1,200 **
1.6 Issues and Options Report $8,000 **
Total Phase 1 $20,200
Phase 2 Housing Element
2.1 Housing Element Coordination $1,000
2.2 Housing Element Research $14,000
2.3 Housing Background Report $5,000
2.4 Housing Element $10,000
Total Phase 2 $30,000
Phase 3 Land Use Element Update
3.1 Land Use Analysis $6,000
3.2 Land Use Element $2,000
3.3 Land Use Amendments $5,000
3.4 Land Use Diagram $2,000
3.5 Draft General Plan $4,000
Total Phase 3 $19,000
Phase 4 Environmental Impact Report
4.1 EIR Scope $1,000
4.2 Document Preparation $7,000
a. Traffic Study $37,000 **
b. Administrative Draft.EIR $20,000
c. Draft EIR $5,000
d. Final EIR $2,000
Total Phase 4 $72,000
•
061
ITEM NUMBER: C-1
DATE: 12/12/2000 "
Phase 5 Public Hearings
5.1 Public Hearings (2 PC/2 CC) $3,000
5.2 Final General Plan $4,000
Total Phase 5 $7,000
Total Project Cost $148,200
Conclusion:
Approval of the revised timeline and contract amendment will allow staff to begin an intensive
effort in January to complete the General Plan Update effort. The proposed work scope is
intended to result in approval hearings for the updated General Plan in the Summer of 2001.
FISCAL IMPACT:
The total budget amendment will increase the General Plan scope by $18,200 from the following
sources:
General Fund $1,200
Road and Bridge Account $17,000
Total $18,200
ATTACHMENTS: None
062
ITEM NUMBER: C-2
DATE: 12/12/2000
.gigolo a
i9Ys is
Atascadero City Council
Staff Report - Public Works Department
Sewer System Master Plan
RECOMMENDATION:
Council authorize the Mayor to execute an agreement with Brown and Caldwell, to develop a
Sewer System Master Plan at a maximum cost of $99,222 and make the necessary the
appropriations.
DISCUSSION:
The development of a Sewer Master Plan will provide the city with clear direction for providing
wastewater collection service. The Master Plan will be used to develop informed land use
decisions based on the ability to provide public sewer service to a particular property or area of
the City. The study will identify those areas of the city that can be reasonably served by the
public sewer using common design principles and construction methods.
Currently there is no comprehensive long-range plan that includes all of the properties that could
reasonably be served by the public sewer system. The lack of a comprehensive plan is leading to
the piece-meal expansion of the USL and the subsequent piece-meal development of the
wastewater collection system. The lack of a comprehensive plan makes it difficult, if not
impossible,to establish the true cost of expanding the USL.
The finished product will include a digital map and model of the existing wastewater collection
system and a digital map and model of proposed future wastewater collection facilities. Both of
these models will be linked to and overlaid on the City's GIS base map. A report detailing all
aspects of the project will also be generated.
In accordance with Section Four of the Public Works Bidding Procedures of the City's
procurement policy, Request for Qualifications were sent to 10 engineering consultant firms.
Two well-known firms responded with proposals. A consultant selection team composed of the
City's Director of Public Work, the City's Chief of Wastewater Operations and the City of San
Luis Obispo's Director of Utilities independently reviewed and ranked the proposals. Although
all three selection team members agreed that both firms were qualified to develop the Sewer
Master Plan, Brown and Caldwell was ranked higher than John Carollo Engineers by two, of the
three, team members. Consistent with City procurement policies, the award a contract to Brown
0063
ITEM NUMBER: C-2
DATE: 12/12/2000
and Caldwell requires Council approval.
Although the consultant selection process was qualification based, submitting consultants were
required to provide proposed fees for each phase of the work in a not-to-exceed form. Brown and
Caldwell's proposed fee for this work was $99,222 which is within the amount allocated for the
generation of a Sewer Master Plan in this years budget. A detailed breakdown of fees for this
work is included in this report for reference.
FISCAL IMPACT: $99,222.00, To be funded from the FY 2000-2001 Wastewater
Division Budget
ALTERNATIVES:
1. Authorize the Mayor to execute an agreement with Brown and Caldwell.
2. Do not authorize the Mayor to execute an agreement — A Sewer Master Plan will not be
generated at this time.
3. Direct Staff to negotiate a contract with John Carollo Engineers.
•
ATTACHMENTS: Attachment A— Detailed Breakdown of Fees
064
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ITEM NUMBER: C-3
DATE: 12/12/2000
i1918 1979
Atascadero City Council
Staff Report - Community & Economic Development
Community Code Enforcement Pilot Program
RECOMMENDATION:
Council adopt draft Resolution authorizing the submittal of a grant application for participation
in the Community Code Enforcement Pilot Program.
DISCUSSION:
Background: Assembly Bill 1382 (Lowenthal) established the Community Code Enforcement
Pilot Program. The Pilot program was established to make funds available to cities to establish
programs at the local level to reduce the incidence of substandard housing through the use of
creative and coordinate techniques. The program provides financial assistance to communities
such as Atascadero who have an interdepartmental approach at the local government level.
Approximately $2.25 million in funding is available, with grants ranging in size from $150,000
to $450,000. The California Department of Housing and Community Development has solicited
a notice of availability of funding with a December 18, 2000 deadline. Grants will be distributed
in a competitive basis.
Analysis: The City Council has established code enforcement as a priority item during this fiscal
year. Staff has established an interdepartmental team approach to investigate and resolve code
enforcement matters. The action plan developed for the code enforcement program calls for the
establishment of a program similar in nature to the project description under this Pilot Program,
specifically that it uses a creative and coordinate technique on an interdepartmental level and
involves local residents in the activity. The City has also been participating in a county-wide
task force to address multi jurisdictional enforcement cases.
The grant funding must be used to create a three-year pilot program and can be used for the
salary and related costs of a code enforcement office for the program and other costs. The City is
required to provide and fund at least one city planner, health official and/or comparable specialist
for at least 20 hours per week during the three year duration. Currently, the code enforcement
program utilizes resources from the Community Development, Police and Fire Departments, and
will add a full-time position to expand the City's efforts.
666
ITEM NUMBER: C-3
DATE: 12/12/2000
Securingfunding from this program would allow the City to increase its activity in the code
tY
enforcement area and provide a full time effort during this three year period. All costs associated
with the program will be part of the grant application, with the City's contribution being equal to
the staff resources already in place and directed at code enforcement efforts.
Because the City has a pre-established team, works on an interdepartmental and interagency
level, and has identified the most common enforcement issues, the City's grant application
should fair well during the competition. Should a grant not be secured, the City would continue
along the with the approach established in the action plan.
FISCAL IMPACT:
No fiscal impact. The City currently provides the services required by the grant.
ALTERNATIVES:
The Council may choose to not authorize the submission of a grant application. Staff would
continue with the implementation of the neighborhood preservation program as contained in the
action plan.
ATTACHMENTS:
1. Draft Resolution
067
DRAFT RESOLUTION
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AUTHORIZING THE SUBMITTAL OF A GRANT
APPLICATION, THE INCURRING OF AN OBLIGATION, THE
EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO SECURE
A CEIP GRANT FROM THE STATE OF CALIFORNIA.
WHEREAS, The City of Atascadero (herein referred to as "City") is a public entity
established under the laws of California and empowered to enter into an agreement to receive
State funds to promote code enforcement efforts and to commit to providing annual matching
funds or reserves.
WHEREAS, The California Department of Housing and Community Development
(hereinafter referred to as the "State") is authorized to make grants to assist with code
enforcement efforts.
WHEREAS, The City wishes to obtain from the State a grant for assisting with code
enforcement activities and intends to offer matching funds and resources as identified in its
application.
• IT IS NOW RESOLVED THAT:
1. The City may submit to the State an application for a CEIP grant for use in the City.
2. If the application is approved, the City is hereby authorized to incur an obligation to
provide matching funds or resources in any amount not less from the amount approved by
the State and to enter into a grant agreement with the State for the purposes set forth in
the application and approved by the State to govern and secure the match obligation, the
performance obligation, and the state funding commitment.
3. The City is further authorized to request amendments, including, but not limited to
funding increases in amounts up to amounts approved by the State, and to execute any
and all documents required by the State to govern and secure these amendments.
4. The City authorizes Wade. G. McKinney to execute in the name of the City, the
application and the agreement, and other instruments necessary or required by the State
for the making and securing of the grant, and any amendments thereto.
On Motion by Council Member and seconded by Council Member ,
the foregoing Resolution was adopted on the following roll-call vote:
• AYES:
NOES: G
ITEM NUMBER: C-4
DATE: 12/12/2000
if (d r;®
i9is ®
57-9
Atascadero City Council
City Manager's Office
Information Bulletin
A. Employee Update
James Haas Skatepark Attendant Terminated 10/27/2000
Nancy Bryner Zoo Cashier Separated 10/1/2000
Alison Melendez Lifeguard Separated 10/1/2000
Julianne Parsley Recreation Leader Separated 10/1/2000
Melissa Norton Rec Leader/Scorekeeper Separated 10/1/2000
David Barnick Rec Leader/Scorekeeper Separated 10/1/2000
Joe Pat Baldwin Recreation Leader Separated 10/1/2000
Michele Dyck Reserve Firefighter Resigned 10/22/2000
Amy Hjortland Program Coordinator Hired 11/8/2000
Cindy Bitto Temporary Accountant Hired 11/20/2000
Cole Mathews Rec Leader- Skatepark Hired 11/13/2000
Chancey Calhoun Rec Leader— Skatepark Hired 11/13/2000
Patsy West Associate Civil Engineer Hired 11/20/2000
Robert Eckrote Senior Officer Promoted 1014/2000
Marcia Torgerson Executive Assistant Promoted 11/4/2000
Jamie Heltsley Associate Planner Promoted 11/4/2000
670
ITEM NUMBER: D- 1
DATE: 12/12/2000
• 191 1979
Atascadero City Council
City Attorney Report
California Sportfishing Protection Alliance
and Lorraine Scarpace Request for Money
RECOMMENDATION:
City Council deny requests from the California Sportfishing Protection Alliance and Lorraine
Scarpace for reimbursement of costs associated with their completed efforts to challenge the
State Water Resources Control Board decision extending the time for the City of San Luis
Obispo to exercise its rights in the Salinas River Dam.
• DISCUSSION:
Background: The City of Atascadero has received requests (totaling $24,089.82) for money
from Lorraine M. Scarpace and from the California Sportfishing Alliance. The Alliance has
requested $5,734.75 and Ms. Scarpace has requested $18,355.07. Copies of their requests
together with a copy of a supporting letter from Life On Planet Earth are attached.
The City of San Luis Obispo is seeking to expand the Salinas River Dam, based upon previously
obtained but not used water rights. There are three areas of law that relate to the expansion of the
dam. Those areas are; (1) The environmental documents evaluating the impacts of the proposed
project. (2) The relative priority of water rights involved between the City of San Luis Obispo's
appropriative water right, the Atascadero Mutual Water Company's riparian water right, the City
of Paso Robles appropriative water right, and perhaps a California Sportfishing Protection
Alliance claim under the public trust doctrine or other common law water right. (3) The
extension of time granted to the City of San Luis Obispo to make effective use of its
appropriative right to water out of the Salinas River Dam.
The City of San Luis Obispo has held appropriative rights to water in the Salinas Dam for many
years. San Luis Obispo has not fully used that appropriative right. In 1928 the California
Constitution was changed to require all water to be used in a reasonable beneficial manner. This
doctrine has been applied to require diligence in the utilization of appropriative water rights.
Municipalities, such as San Luis Obispo, have higher priorities in the use of water and a less
stringent standard of diligence in the construction of diversion works. The State Water
Resources Control Board has granted an extension of time to San Luis Obispo to construct its
G'7 1
ITEM NUMBER: D- 1
DATE: 12/12/2000
diversion works [expand the dam]. The Alliance and Ms. Scarpace initiated and followed
through with legal action in an attempt to block the efforts of San Luis Obispo. While they share
some of the same underlying issues as the North County Public Agencies there are many areas
that are potential conflicts. We have not attempted to evaluate the various conflicts as the
Atascadero Mutual Water Company is the lead agency in Atascadero regarding water issues.
The City of Atascadero, AMWC, Templeton Community Services District and the City of Paso
Robles have cooperatively monitored, studied and opposed this action for many months. The
City of San Luis Obispo recently certified an Environmental Impact Report and approved the
project for expansion of the dam. As the lead agency, the Atascadero Mutual Water Company
has retained counsel to represent its interests in opposing the environmental documents and will
continue to monitor the water law issues as well. The City of Paso Robles, which operates the
water system in their area, has retained counsel for similar purposes. The time to file a petition
for writ of mandate over the environmental documents will expire early in December. The City
of Atascadero is in contact with the Assistant City Attorney for Paso Robles and with both the
water law and the environmental attorneys for AMWC. AMWC believes and we concur that the
real fight on the project is still ahead of us. While action by the State Water Resources Control
Board could have improved our position we did not expect it.
The request before the City Council seeks two types of money. First, the request seeks what the
requesters term as "reimbursement" for expenses they incurred in a recent hearing before the
State Water Resources Control Board as described above. The Alliance seeks money for
described expenses of $5,734.75. Ms. Scarpace requests money for described expenses of
$6,355.07 and asks for $12,000.00 for her to challenge the recent State Water Resources Control
Board decision in Superior Court. The decision they both refer to has to do with extending the
time within which San Luis Obispo must make effective use of its water rights. Extensions of
time such as this are routinely approved and such extensions are difficult to overturn at best. The
extension of time, although conditioned, did not approve the expansion and did not approve the
environmental documents. The extension of time is likewise not a determination that the rights
claimed by the City of San Luis Obispo may be exercised. It has yet to be determined that San
Luis Obispo can exercise those rights without impacting the prior and superior rights held by the
Atascadero Mutual Water Company.
A previous City Council of the City of Atascadero did authorize the expenditure of up to
$50,000.00 dollars of general fund money to help the City of Paso Robles and the Atascadero
Mutual Water Company fight the expansion of the Salinas River dam. None of that money has
been spent to date. The money is general fund money and there is no legal compulsion that it be
spent at all. The City Council is free to spend the money on the currently designated purpose, but
is also legally free to hold it, or, for that matter, to spend it on something entirely different and
unrelated. The authorization to spend money does not create an enterprise fund, does not create a
legal obligation on behalf of staff to spend the money, and creates no enforceable legal
expectations in anyone else to receive any of the funds.
The City Attorney recommends against giving the money as requested for the following reasons: •
G 7 2
ITEM NUMBER: D- 1
DATE: 12/12/2000
(1) GIFT OF PUBLIC FUND ISSUES. The Alliance and Ms. Scarpace were not hired
by the City of Atascadero to do any of the things they seek reimbursement for. There is no
evidence to suggest that they wouldn't have done these acts in support of their own motivations
anyway. The State Constitution forbids a gift of public funds. Describing the requests for
$5,734.75 for the Alliance and $6,355.07 for Ms. Scarpace as "reimbursement" does not change
the fundamental fact that the request is for money to be given to them for expenses they incurred
on their own. The City Attorney has not done research to see if there is a way to characterize the
grant as other than a gift of public funds. If the City Council decides that it would like to grant
the money if legally permissible, then such research should be conducted.
(2) NO UNIFORMITY OF INTEREST. Ms. Scarpace is the attorney of record for the
California Sportfishing Protection Alliance. It is possible that at some point in time the interests
of the Alliance will become adverse to that of the Atascadero Mutual Water Company and or the
City of Atascadero. For instance, there may come a time where the Alliance wishes to have water
company pumping from river wells ended or curtailed under the public trust doctrine or other law
in order to protect the threatened steelhead resources cited by the Alliance in their letter of
November 2, 2000. The Atascadero Mutual Water Company would certainly oppose that, and the
City of Atascadero would be free to make such a policy decision as well. If the City of
Atascadero chooses to spend $12,000.00 for the services of Ms. Scarpace in the future, it may do
so without violating the provisions of State Constitution forbidding gifts of public funds. It must
understand, however, that Ms. Scarpace works for the Alliance and not for the City. It would be a
conflict of interest for her to take a position adverse to the Alliance and improper for her to
refuse their direction on how to handle the proposed action.
(3) POOR LIKELIHOOD OF SUCCESS IN PROPOSED CHALLENGE TO
RECENT DECISION OF STATE WATER RESOURCES.CONTROL BOARD. The City
Attorney has contacted the attorneys for the Atascadero Mutual Water Company and the City of
Paso Robles. Neither of those entities is prepared to join in the challenge to the described
decision. Each of those entities is prepared to challenge the sufficiency of the environmental
documents and to protect the priority of North County water rights. The City Attorney of
Atascadero joins in their assessment of the relative merits of the potential litigation and advises
that the money Atascadero wishes to spend supporting the efforts of the Mutual Water Company
and the City of Paso Robles would be better spent supporting future efforts to challenge the
recently certified environmental documents and helping the Mutual Water Company preserve the
priority of its riparian rights in the Salinas River.
FISCAL IMPACT:
Other than the obvious, there is no additional fiscal analysis of the request.
ALTERNATIVES: G'7 3
The City Council may choose to direct the City Attorney to research the gift of public funds
issues if it wants to grant the request for reimbursement. The City Council may legally support
ITEM NUMBER: D- 1
DATE: 12/12/2000
efforts to ask for a reconsideration of the Water Board decision as this is for an identifiable •
public purpose and for future services. The City Council is also free to partially grant the
requests instead of denying them in the entirety as recommended. The City Attorney feels that
these are not the preferred alternatives for the reasons described above. The preferred alternative
recommended by the City Attorney is to have the City Attorney join with counsel for the
Atascadero Mutual Water Company and the City of Paso Robles either representing the City as a
co-parry to anticipated litigation or by way of filing friend of the court briefs and otherwise
supporting their efforts by contributing to costs of suit and retention of experts. This can be
handled without the City incurring any attorney fees. If the City of Atascadero just contributes to
the costs of the other two entities mentioned and appears as a friend of the court, the City will not
be exposed to a judgment for costs nor for attorney fees should the litigation prove fruitless.
Under these circumstances the City would not consider the activity "litigation" and would
therefore not be entitled to bill extra for the time spent supporting the other lawyers. This is
consistent with the way we have handled litigation with outside counsel in the past.
ATTACHMENTS: 1. November 2, 2000 letter from the California Sportfishing
Protection Alliance
2. October 30, 2000 letter from Lorraine Scarpace;
3. October 25, 2000 letter from Life on Planet Earth;
4. September 14, 1999 City Council minutes, concerning the
allocation of funds for support of water efforts. •
07 4
Attachment: 13
Atascadero City Council
Meeting Date: 12-12-2000 NOV 11
2000
California Sportfishing Protection All iancgTy 0F ASCP- ;_.^;C
• P.O. Box 1790 CITY
Graeagle, CA 96103
Atascadero City Council November 2, 2000
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Re: Salinas Reservoir
Dear Honorable Council Members:
I have reviewed the letter of October 30, 2000 by Ms.
Lorraine Scarpose to the City Council requesting
reimbursement. I worked with Ms. Scarpose at the subject
hearing before the State Water Resources Control Board
representing the California Sportfishing Protection Alliance.
I also prepared the formal protest against the City of San
Luis Obispo in 1991. I also worked with Ms. Scarpose
representing the California Sportfishing Protection Alliance
in preparing for the subject hearing.
Had the CSPA not filed its formal protest against the
• petition for extension of time, the matter would not have
been heard by the SWRCB and a hearing would not have been
held. Consequently, though the specific interest of the CSPA
is the southern steelhead resources of the Salinas River
below Salinas Dam, flows for the threatened steelhead
resources would result in additional water flowing down the
river for beneficial conjunctive uses (steelhead and
downstream water rights) . I believe the CSPA significantly
helped the City to protect its interests.
In the event the City Council approves reimbursement of
the CSPA expenses, please make the check out to:
California Sportfishing Protection Alliance
c/o Ray Cole, Treasurer
2874 Calariva Drive
Stockton, CA 95204
Please find enclosed the CSPA Salinas Dam Expenses.
Please note that the CSPA is making the same request to the
Paso Robles City Council. Consequently the costs could be
shared.
Please schedule this matter on the Council agenda in
conjunction with Ms. Scarpose's request for reimbursement.
Ms. Scarpose will represent the interest of the CSPA at any
• scheduled Council meeting.
G '7 5
Thank you for theopportunityfor the City Council to
consider this request. •
Respectfully Submitted
Robert J. Baiocchi, Consultant
Representing: California Sportfishing
Protection Alliance
P.O. Box 1790
Graeagle, CA 6103
cc: Lorraine Scarpose, Esquire
P.O. Box 1981
Paso Robles, CA 93447
•
G7f
Salinas Dam Expenses
•
Copying Cost. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .$100.00
Paper. . . . .3 cases @•#30.40. . . . . . . . . . . . . . . . . . . .$ 90.00
Travel Cost. . .800 miles @20cents. . . . . . . . . . . . . . .$160.00
Motel Cost. . . .2 nights @ 69.55. . . . . . . . . . . . . . . . .$139. 10
Postage Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .$159.65
Telephone Cost. . .estimated. . . . . . . . . . . . . . . . . . . .$100.00
Cost of Subpeona - 2 state Witnesses. . . . . . . . . . .$250.00
Hearing Consulting Cost. .148 Hours @ $32.00
*Pre-Hearing 120 Hours
**Hearing 24 Hours
***Workshop 4 Hours
Total . . . . . . . . . . 148 Hours. . . . . . . . . . . . . . . . .$4,736.00
Grand Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,734.75
*Pre-Hearing: Submittal, Exhibits, Research, Review
Testimony, Consult with Witnesses, Consult With Attorney
**Hearing:
Assist Ms. Scarpose, Cross-Examination, Hearing Adviser, etc.
. ***SWRCB Workshop;
Consult with Attorney, Presentation, Etc.
G 7 7
r t
LORRAINE M. SCARPACE RECEIVE P
ATTORNEY AT LAW
Post Office Box 1981 OCT 3 1 2000
Paso Robles, California 93447 CITY OF ATASCALEE-Po
(805) 239-1568 CITY MANAGER'S OFFICE .
October 30, 2000 Attachment: 2
Atascadero City Council
Meeting Date: 12-12-2000
Atascadero City Council
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
REFERENCE: SALINAS RFSSERvnTR
Dear Council Members:
The North County has made some progress in obtaining mitigation measures to offset the impacts
of raising the height of the Salinas Reservoir. However, the water war is not over, and the next
battle must be fought in the Superior Court to challenge the decision of the State Water
Resources Control Board (SWRCB) to extend time to the City of San Luis Obispo to raise the
height of the dam. If the lawsuit is not pursued, the opportunity to challenge the decision of the
SWRCB will be lost.
I represented the California Sportfishing Protection Alliance (CSPA), the organization that filed
a l )� b
the original Protest against the City of San Luis Obispo, in the SWRCB proceedings. CSPA did
not pay me for the costs that I incurred in the SWRCB proceedings. CSPA relies upon the local
community to pay for such costs. To date, I have not been reimbursed for my costs.
In April 1999, I commenced representing CSPA in the SWRCB proceedings to prevent the
SWRCB from dismissing the CSPA Protest against the expansion of the Salinas Dam. If I had
not taken immediate action to prevent the dismissal of the Protest, the City of Paso Robles would
not have been able to participate in the SWRCB proceedings to protect North County water
riahts in the Salinas River.
At this juncture, I am requesting the Cities of Atascadero and Paso Robles to reimburse me for
the expenses that I incurred in the proceedings before the SWRCB. To date, my expenses total
$6,355.07, and are expected to increase to about $7,000 if a hearing is held on my Motion for
Reconsideration. An itemized expense statement is attached hereto. These expenditures
contributed to providing a good administrative record of evidence and legal arguments for a
judicial review of the SWRCB decision.
If the Cities of Atascadero and Paso Robles would like me to challenge the SWRCB decision in
the Superior Court on behalf of CSPA, I will need an additional $12,000 to do so. I will need
these funds by the following dates in order to pursue the Superior Court action: $7,000
reimbursement for SWRCB proceeding expenses, plus $6,000 for the original and one copy of
the administrative record, and Superior Court filing fee expenses, by November 30, 2000; and
$6,000 for anticipated litigation costs by December 28, 2000.
G78
Atascadero City Council
• City of Atascadero
October 30, 2000
Page Two
If costs of suit are recovered by me in this action, or if actual litigation costs are less than
anticipate, the recovered costs or excess amount, as the case may be, will be reimbursed to the
cities that contributed the same.
Please put this matter on your agenda as soon as possible.
I hope that the North County cities will contribute their share of these costs, and that you will
follow through with your commitment to protect North County water rights in the Salinas River.
Thank you for your consideration of this matter.
Sincerel ,
Lorraine Scarpace
LS:jms
Enclosure
•
G7
SALINAS DAM EXPENSES
•
4/20/99 Kinko's - copies 10.46
4/22/99 Staples - copies 41.31
4/23/99 Staples - copies 4.19
4/24/99 Staples - copies 6.18
5/6/99 U.S. Postal Service - postage 21.25
4/27/99 City of San Luis Obispo - Salinas Dam EIR 121.50
5/6/99 American Girl - typing 142.00
5/6/99 Staples - copies 9.44
5/6/99 Staples - copies 18.10
5/10/99 Staples - copies 8.71
5/11/99 Staples - copies 13.72
5/12/99 Just Your Type - typing 20.00
4/12/99 City of San Luis Obispo - EIR Salinas Dam 100.00
5/10/99 City of San Luis Obispo - EIR Salinas Dam 37.00
5/12/99 U.S. Postal Service - postage 17.00
5/13/99 Staples - copies 13.03
5/14/99 U.S. Postal Service - postage 6.98
5/14/99 City of San Luis Obispo - copies 5.00
5/14/99 Kinko's - copies 3.35
5/19/99 American Girl - typing 11.15
5/19/99 Staples - copies 22.76
5/20/99 American Girl - typing 5.60
5/20/99 Poor Richard's Press
- binding copies (Russian River Staff Report) 3.66
5/21/99 U.S. Postal Service - postage 6.40
5/21/99 Staples - copies 23.81
7/30/99 Staples - copies 12.78
8/1/99 Staples - copies 12.07
8/2/99 Staples - copies 5.95
8/7/99 Staples - copies 13.70
8/8/99 Kinko's - copies 15.13
8/11/99 Kinko's - copies 10.30
8/12/99 Staples - copies 6.11
8/12/99 U.S. Postal Service - postage 5.94
8/20/99 Blueprinter - copies 19.89
8/28/99 Staples - copies 12.34
8/28/99 U.S. Postal Service - postage 5.29
8/30/99 American Girl - typing 5.75
9/2/99 U.S. Postal Service - postage 14.10
9/4/99 American Girl - typing 38.80
9/4/99 Staples - copies 4.13
9/4/99 U.S. Postal Service - postage 21.03
9/6/99 Kinko's - copies 11.58
9/19/99 Kinko's - copies 12.21
C8O
9/22/99 Staples - copies 23.23
• 9/24/99 American Girl - typing 22.70
9/25/99 Staples - copies 19.84
9/27/99 Staples - copies 12.16
9/27/99 U.S. Postal Service - postage 15.75
9/27/99 U.S. Postal Service - postage 7.8I
9/30/99 American Girl - typing 22.30
10/1/99 Staples - copies 115.62
10/1/99 American Girl - typing 29.30
10/2/99 Staples - copies/exhibits 151.45
10/2/99 U.S. Postal Service - postage/exhibits 116.00
10/4/99 U.S. Postal Service - postage 18.72
10/4/99 Poor Richard's Press - copies 3.70
10/4/99 U.S. Postal Service - posiage 3.20
10/3/99 Staples - copies/exhibits 99.85
10/5/99 Staples - copies 5.07
10/7/99 Statewide Legal Supp. Services - serve subpoenas 635.00
10/7/99 American Girl - typing 8.40
10/8/99 Staples - copies 9.42
10/11/99 Mail Boxes Etc. - copies/photos/exhibits 62.54
10/10/99 Leon Chaulet, Engineer - partial payment on report 500.00
10/12/99 Staples - copies/exhibits 121.21
10/12/99 American Girl typing/opening statement 104.50
10/14/99 Wilkins Creative Printing - copies 4.34
10/15/99 Leon Chaulett, Engineer - hearing appearance 1,600.00
12/20/99 American Girl - typing/closing brief 122.00
12/20/99 Staples - copies/closing brief 12.74
12/20/99 U.S. Postal Service - postage 22.90
12/22/99 Poor Richard's Press - copies 7.73
1/10/00 American Girl - typing/reply brief 56.40
1/10/00 Staples - copies/reply brief 4.68
1/10/00 U.S. Postal Service - postage/reply brief 19.60
Travel Exenses
10/12/99 Gas 50.00
10/12/99 Parking - State Garage 13.50
10/12/99 Motel - Days Inn, Sacramento 69.55
10/13/99 Parking - State Parking Garage 15.00
10/13/99 Motel - Shilo Inn, Firebaugh, California 51.75
10/17/99 Motel - Days Inn, Sacramento 69.55
10/18/99 Parking - State Garage 16.50
10/18/99 Motel - Shilo Inn, Firebaugh, California 57.75
10/18/99 Gas 50.00
c81
•
SALINAS DAM EXPENSES
7/29/00 Staples - copies 15.15
8/15/00 Poor Richard's Press - copies 10.06
8/22/00 American Girl - typing 87.10
8/22/00 Staples - copies 241.76
8/23/00 U.S. Postal Service - postage 76.55
8/24/00 American Girl - typing 6.60
8/24/00 U.S. Postal Service - postaoe 11.75
8/25/00 American Girl - typing 23.70
9/1/00 Staples - copies 3.20
9/2/00 Staples - copies 14.23
9/18/00 American Girl - typing 147.60
9/18/00 Staples - copies 12.23
9/18/00 U.S. Postal Service - postage 21.80
9/20/00 Kinkos - copies 8.07
9/21/00 Sunwest Aviation - travel to SWRCB workshop 215.00
9/21/00 Sunwest Aviation - travel from SWRCB workshop 150.00
10/16/00 American Girl - typing & fax 55.80
10/16/00 Staples - copies 3.00
Subtotal $ 1,103.61
10/18/99 Subtotal 5.251.46
r
6 355.07
•
082
Attachment: 3
Atascadero City Council
eetinDatRECEIVED
: E12-12-2000
ur
e bIx on � Cl C IVSD
0,r,p o poft CE'i 0X 1T3 NOV 0 3 2000
`tr
CITY OF ATASCADERO
/nobles, a oy-nia 93 � CITY CLERK'S OFFICE
at the..
=�
Oct. 25, 2000
g th
gar Atascadero City Council members,
e The North County opposition is gradually chipping awayat the city of San Luis Obispo's
water appropriation rights from the Salinas Dam. The State Water Resources Control Board has
now ruled that the expanded reservoir cannot contribute to the overdraft of the Paso Robles
Groundwater Basin. Additionally, the cost of the seismic retrofit for the expanded dam will be 11
million dollars more than the city of San Luis Obispo had anticipated, and the project is now
estimated to cost 31 million dollars instead of 20 million. Hence, the San Luis Obispo rate payers
will have to pay more money for less water. Yet, in spite of this news, there is still much more work to
be done.
The struggle for the future of our lifeline, the Salinas River, is far from over and must be
continued in our courts of law. As of Oct. 19th, 2000, the State Water Resources Control Board
granted San Luis Obispo the time extension they needed in order to pursue the possible
enlargement of the Salinas Dam, so it is urgent that we keep our united efforts strong.
We have won some significant mitigations, thanks largely to the timely actions taken by
attorney, Lorraine Scarpace. The fact remains that we would have had no hearing, and no voice if
Lorraine hadn't stepped in to prevent the dismissal of the CSPA protest in May of 1999. She did this
at her own expense because she felt there was no other alternative. Had she tried to seek funding
at that time, getting on a agenda and getting funding approved would surely have exhausted the
timeline given for a legal response. As a public-spirited citizen, she has never sought compensation
for her hundreds of hours devoted to this project, nor is she seeking compensation for her time now.
However, her out of pocket expenses have mounted steadily, and this has put her in a position
where she simply cannot continue unless she is reimbursed for what she has personally spent to
this point. Any future opportunity to continue the CSPA protest through to it's final administrative
remedy could be lost, if action is not taken. It is important to note that none of the cities from the
North County would have any legal standing opposing the Salinas Dam expansion without the
CSPA protest..
We thank you for supporting the CSPA protest, and for budgeting money to contest San Luis
Obispo's plans, but we now urge your council to use some of that budgeted money to reimburse
Lorraine for expenses that have now reached close to $7000. This amount is needed immediately
just to complete the present administrative proceedings before the State Water Resources Control
Board. Additional funding would also be required to take any further court action, if needed, after a
decision is rendered at this stage.
We hope that the cities of the North County will collaborate and divide the cost of Lorraine's
expenses fairly between them, and that you as the City Council will take the initiative, and stand up
for the North county's water rights by funding these court actions taken on our behalf.
THANK YOU!
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