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Agenda Packet 02/14/1992
# R IC REVIEW CflP'Y # B=L DD NOT REMOVE _ * NOTICE: THE COUNCIL WILL MEET IN A-SPECIAL SESSI014 AT 6:00 P.M. , 4TH FLOOR, FOR THE PURPOSE OF CONDUCTINGIINTERVIEWS OF APPLICANTS TO THE CITY'S TRAFFIC COMMITTEE AND COMMUNITY SERVICES FOUNDATION, WHICH ARE OPEN TO THE PUBLIC. MEM- BER APPOINTMENTS WILL FOLLOW: A. RESOLUTION NO. 37-92 - APPOINTING ONE MEMBER TO THE CITY OF ATASCADERO'S TRAFFIC COMMITTEE B. RESOLUTION NO. 38-92 - APPOINTING THREE MEMBERS-AT- LARGE TO THE ATASCADERO `COMMUNITY SERVICES FOUNDA- TION, INC. , BOARD OF DIRECTORS I A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM APRIL 14, 1992 i 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shalt include: A referrdl to staff with specific requests for information; continuance; specific direction to staff;concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or !approval; and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on fte in the office of the City CLerk (Room 208) and in ,the Information Office (Room 103), available for public inspection during City Hall business liours. The City Clerk will answer any questions regarding the agenda. P 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 gontact 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 wild ssist the City staff in assuring that reasonable arrangements can be made to provide accesO bitity to the meeting or services I 6 RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item on the agenda. A person may, speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council °Members may question any speaker; the, speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comments Proclamations: • "Month of the Child", April 1992 • "Community Services Month", April 1992 • "Public Schools Week", April 20-26, 1992 • "Atascadero Crime Victims' Rights Week", April 26-May 2, 1992 "National Volunteers Week", April 26-May 2, 1992 "S.H.O.E. Walk Day", May 3, 1992 COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be: enforced: A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. No person shall be ,permitted to make slanderous, profane or personal remarks against any Council Member, commissions and staff. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees Informative status reports will be given, as felt necessary. ) 1. S.L.O. Area Coordinating Council/North Coastal Transit 2 Solid/Hazardous Waste Management Committee 3 Recycling Committee 4. Economic Opportunity Commission 5 City/School Committee 6. Traffic Committee 7. County Water Advisory Board 8. Economic Round Table (See Item D-2) 9. B.I.A. 10. Colony Roads Committee B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are consid- ered to be routine, and will be enacted by one motipn in the form listed below. There will be no separate discussion, on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then 6e reviewed and acted upon separately after the adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES - FEBRUARY 25, `1992 2. CITY COUNCIL MINUTES - MARCH 10, 1992 3. CITY COUNCIL MINUTES - MARCH 24, 1992 4. RESOLUTION NO. 33-92 —RELATIVE TO PUBLICATIONj 'OF CITY ORDI- NANCES 5. RESOLUTION NO. 34-92 - OPPOSING NEW STATE MANDATE REQUIRING PROOF OF WORKERS' COMPENSATION PRIOR TO ISSUING BUSINESS LICENSES 6. GENERAL PLAN CONFORMITY REPORT STATE WATER PROJECT, NORTH COUNTY EXTENSION (Cont'd from 3/10/92) 7. SEWER EXTENSION REIMBURSEMENT AGREEMENT 8. RESOLUTION : NO. 35-92 - APPROVING THE APPLICA*ION FOR GRANT FUNDS FOR THE URBAN FORESTRY GRANTPROGRAMUNDER THE CALIFOR- NIA WILDLIFE, COASTAL AND PARK LAND CONSERVATI6N BOND ACT OF 1988 FOR THE EL CAMINO REAL NATIVE TREE PLANTING PROJECT 9. RESOLUTION NO. 36-92 - AUTHORIZING THE EXECUTION OF AN AGREE- MENT WITH THE CALIFORNIA STATE OFFICE OF ,ADMINISTRATIVE HEARINGS TO PROVIDE HEARINGSERVICES 10. ' ACCEPTANCE OF FINAL PARCEL MAP 19-89, 7675 SELLA- VISTA Subdivision of' one lot containing 6.5 acres into two lots of 2.83 & 3.72 acres (Gearhart) C. HEARINGS: None 3 t 3 D. REGULAR BUSINESS 1. COLONY ROADS STATUS REPORT - ASSISTANT CITY ATTORNEY 2. ECONOMIC ROUND TABLE REPORTTO CITY COUNCIL - REQUEST FOR ENDORSEMENT OF STATUS REPORT & RECOMMENDATIONS (Cont'd from 3/10/92) 3. SURFACE MINING, & RECLAMATION ACT - AUTHORIZATION TO APPLY FOR LEAD AGENCY STATUS ORDINANCE INTRODUCTION 4. DOWNTOWN STREET IDENTIFICATION SIGNS AND SUPPORT POLES AWARD BIDS 5. PROPOSED COUNCIL ' POLICY REGARDING LEGAL OPINION REQUESTS (Cont'd from 3/24/92) E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTICE: THE CITY COUNCIL WILL ADJOURN TO A CLOSED SESSION FOR THE PURPOSE OF DISCUSSION'REGARDING: (1) TWO MATTERS OF PENDING LITIGATION ENTITLED, 'O'REEFE v. CITY OF ATASCADERO AND CITY OF ATASCADERO v. FLUITT (Session held pursuant to Section 54956.9 of the Govern- ment Code); 2) TWO MATTERS OF POTENTIAL LITIGATION (Session held pur- suant to Section 549569(a) of the Government Code) . 4 P R O C L A M A T I O N "Month of the Child" April, 1992 WHEREAS, Quality child care is a growing concern to more and more Americans; and WHEREAS, Community Partners in Child Care and other local organizations, in conjunction with the National Association for the Education of Young Children, is celebrating April as "Month of the Child"; and WHEREAS, By calling. attention to the need for quality child care for all young children and families within our community, these groups hope to improve the quality, and availability of such services; and WHEREAS, The quality of services is primarily determined by the individual teachers and caregivers who perform this valuable work; and WHEREAS, The work of early childhood professionals is not fully understood and is under-appreciated; and child dHeginQuality rservices provide as fora goobnig forchildrens sondgrowth nd develo basis NOW, THEREFORE, I Alden Shiers, Mayor of the City Council of the City of Atascadero do hereby proclaim April, 1992, as "Month- of the Child in Atascadero and urge all citizens to recognize the valuable contributions of early childhood teachers and caregivers and to actively support the need for more and better child care- within our community. ALDEN F. SHIERS, Mayor City of Atascadero, CA April 14, 1992 ����a�Hl�uiill�IiIIIIII�� �1�1I���I111) city of sAn luis oBispo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 March 23, 1992 -- - tfn M E M 0 R A N D U M CITY MGR TO: Cities in SLO County School Districts in SLO County FROM: City Councilperson Penny Rappa COMMUNITY PARTNERS AND CHILD CARE SUBJECT: MONTH OF THE CHILD — 1992 It's that time of year again and I am pleased to ask for your support in promoting quality child care in our communities. Last year we requested that you adopt a proclamation encouraging active participation in developing ideas and programs to enhance the quality of life for these young children--they are our future. Community Partners, in conjunction with the National Association for the Education of Young Children, will celebrate April as Month of the Child. Will you join in this task by adopting the attached sample proclamation, displaying it at your City Hall or appropriate location during the month of April? I would appreciate receiving a signed copy of your proclamation.. Thank you for your continued support in this important and worthwhile project. /ss Attachment Apt*11 1992 o ' ,i. Month of th6,Y oung Child KID'S NIGI-TT AT SLO FARMER'S MARKET i'. "BUBBLE DAY IN THE PARK" TI-IURSDAY,APRIL 2nd " WEDNESDAY,APRIL 81h 6:00 P.M.-8:00 P.M. 10:30 A.M.-11:30 A.M. •Aclivitity booths are free(Garden St,area) * Craver Heights-Arroyo Grande • Egg hunt(Mission Placa) • Stother Park-Arroyo Grande 1:00 P.M.6:00 P.M City Park-Morro nay • free addmission al the Children's Museum: ' South nay Park-Los Os©s/Daywood Santa Rosa Parc-SLO CHILDR WS DAY IN TIIE MISSION PLAZA Laguna Lake Park-SLO SATURDAY,APRIL 4 th Cow to blow bubbles with your friends! 10:00 A.M.-4-00 P.M. for information call 542-0510 •Entertainment,Activities and fun• for all ages 10:00 A.M.-3:00 P.M. KID'S DAY AT COT'TSCIIALKS •Tree addmision at the Children's Museum• SATURDAY,APRIL I 1 th 10:00 A.M.-12:00 NOON EVERY WEEK IS SPECIAL * FREE activities and games• FOR CHILDREN AT THE LIBRARY for information call 544-4322 Contact your local library for the storytime schedule CAL POLY'S CIiILDREN'S WALL OF ART HOLIDAY EGG HUNT ALL MONTH FRIDAY,APRIL 17 th 7 A.M.-7 P.M. 4:00 P.M. University Union Meadow Park-SIA for information call 781-7303 Other special celebrations April 6. 12:00 P.M-1:30 P.M. Community Partners in Child Care monthly meeting"Child Care in City/County Government"by Supervisor David Blakely and SLO Vice Mayor Penny Rappa. SLO Public library,Community Room.5444355. April 7, 7:45 A.M.-9:00 A.M. SLOCAP monthly meeting wlih speclal j msentatlon to honor the late Judge Fredman by Judge tietrnda-Mulvaney.Sierra Vista Hospital,Auditorium. 543-6216. April 9, 6:30 P.M.-8:00 P.M. Worthy Wage Day,SLO ARYC and the Early Childhood Director's Group during a Joint meeting the video"Seattle's Worthy Wage Campaign"will be shown followed by a discussion.SLO Public Library,Community Room..543-7732 ext.274. April 13, 8:00 A.M.-10:00 A.M.Commission on Children and Youth monthly meeting.County Covemmenl Center Room 461. April 24, 12:00 P.M.- I:00 P.M. SLO Chamber of Commerce Brown Dag presentation"Child Cate and Small Business".Chamber's office. 781-2670. April 27 6:30 P.M.-7:30 P.M. SLO Recreation sponsors"Pre School Ages and Stages"by Parent's Support Network.Civic Center. Free sign up call 781-7303. April 27, 7:00 P.M.-9:00 P.M. Central Coast infant Project preseiit"Pre Academic Skills For School Success"by Theresa Turner. Rancho RI Chorro.543-7732 ext 302. May 2, 8:00 A.M.-3:30 P.M. Tri-County Association for the Irducation of Young Children present"Wonderscience",a haat-day workshop.Arroyo Grande Assembly olGod Church.For registration information call 5444355. FOC-Child Care Resource Connections Children s Toy Lending library,call for hours 54443551466-3444, cantl.tr'no•4A9•tnA,rArt rntrerrVrrIll nrA0t:rnnry"Ohl Arnn 9Ancn,t 0 PROCLAMATION April, 1992 COMMUNITY SERVICES MONTH W-HEREAS, AFrit is designated as Ccmaunity Services Month; and WHEREAS, most citizens of California's cities take advantage of the Community Services system; and WRERZAS, a suitable and positive experience is vital to good physical and mental health and enhance the quality of life for all Feopla; and WHEREAS, all citizens can enjoy self-renewal in the use of Community Services, i.e. libraries, arts programs, recreation., museums, green spaces, and park facilities; and WHEREAS, all citizens can fulfill their potential through: _he varied individual and group opportunities provided by Comiauniti services programs; and WHEREAS, this City .recognizes that the efforts of the professional ::Ommll11 -ity Services workers have enhanced the services available to City residents; NOW, THEREFORE, the City Council of the City of Atascadero does hereby proclaim .he. month of April_ as CODUIUNITY SERVICES MONTH, and urges all citizens to enjoy their City Community Services pr-grams and to remember those who have contributed to enhance them. ��r`�' "--•'H Lam' ��1 i1 d A;DBD F- SHIERS, Mayor— City of Atascaderx), California April 14, 1992. P R O C L A M A T I O N "Public Schools Week April 20-26, 1992 WHEREAS, The California Masons have declared the week of April 20-26, 1992, to be "Public Schools Week" in Atascadero; and WHEREAS, The Masons understand the necessity for a strong public schools system, as indicated in their observance of the theme: "PUBLIC EDUCATION TODAY IS AMERICA'SBLUEPRINT FOR TOMORROW"; NOW, THEREFORE, the City Council of the City of Atascadero is pleased to join the California Masons in proclaiming April 20-26, 1992, as "Public Schools Week FURTHERMORE, The City Council wishes to take this opportunity to extend its gratitude to the Atascadero Unified School District and teaching staff for their ongoing efforts in promoting the education and welfare of Atascadero' s youth. t F ALDEN F. SHIERS, Mayor City of Atascadero, CA April 14, 1992 P R O C L A M A T I O N "Crime Victims' Rights Week" April 26 - May 2, 1992 WHEREAS, Crime victims and their advocates across the nation have made tremendous strides toward balancing the scales of justice in our criminal justice system; and WHEREAS, The road to victim justice has been paved over the past two decades with the commitment, perseverance and spirit of millions of survivors who proudly carry the banner of justice in our nation; and WHEREAS, The thirty-five million Americans who are victimized by crime each year need and deserve quality programs and services to help them recover from the devastating effects of crime; and WHEREAS, To fight the continuing threat of crime and vic- timization, all Americans must join together, committing their individual and collective resources to crime prevention and victim services; and WHEREAS, The North County Women' s Resource Center has joined forces with other victim service programs, criminal justice officials and concerned citizens throughout California to observe 1992 National Crime Victims' Rights Week; NOW, THEREFORE, the City Council of the City of Atascadero proclaims April 26-May 2, 1992, as "National Crime Victims' Rights Week ALDEN F. SHIERS, Mayor City of Atascadero, CA April 14, 1992 a0C;OUNTY WO lt � tip, 9 �1 O P.O. BOX 2155 2 8 NM ATASCADERO,CA 93423 oFATascnoERo (805)461-1338 C17Y KS OFFICE QFSOURCE CtiNt'a City Council City of Atascadero 6500 Palma Atascadero, CA 93422 April 26 to May 2 , 1992, has been proclaimed National Crime Victims' Rights Week, We are asking that you proclaim that week as Atascadero Crime Victims' Rights Week in support and recognition of local victims . This agency and the victims we serve appreciate the continued support that the City of Atascadero and its residents provide , A sample proclamation is attached. If you have any questions please call me at 461-1338 . Barbara MacGregor v Director P R O C L A M A T I O N "NATIONAL VOLUNTEER WEEK" April 26 - May 2, 1992 WHEREAS, the spirit of volunteerism and compassion for others is a vital part of the national character; and WHEREAS, the individual volunteer does indeed make a difference to the quality of life in our community; and WHEREAS, volunteers have provided invaluable assistance at City Hall, at the Charles Paddock Zoo, the Police Facility, and throughout the City of Atascadero; and WHEREAS, the week of April 26 - May 2, 1992 has been designated National Volunteer Week; NOW, THEREFORE, I, Alden Shiers, Mayor of the City of Atascadero, do hereby proclaim April 26 through May 2, 1992 to be "National. Volunteer Week" in Atascadero. ALDEN F. SHIERS, Mayer City of Atascadero, CA April 14, 1942 P R O C L A M A T I O N "S.H.O.E. WALK DAY" May 3, 1992 WHEREAS, The number of citizens in need of emergency assis- tance in the North County has increased significantly in the past two years; and WHEREAS, Atascadero Loaves and Fishes, Paso Robles Loaves and Fishes and the North County Women's Shelter are effectively serving those persons in need; and WHEREAS, The S.H.0.E. Walk will provide an opportunity for interested persons to contribute to these organizations through a ten kilometer walk, beginning at Lake Park at 1:00 p.m. , Sunday, May 3rd; NOW, THEREFORE, the City Council of the City of Atascadero does hereby proclaim Sunday, May 3, 1992, as "S.H_.O.E. (Stopping Hunger with Our Efforts), Walk Day" in Atascadero and encouragescitizens to participate: in the walk. ALDEN F. SHIERS, Mayor City of Atascadero, CA April 14, 1992 REPORT TO CITY COUNCIL Meeting Date: 4/14/92- CITY OF ATASCADERO Special Session-Interviews(A) Through: Ray Windsor, City Manager From Lee Raboin, City Cler✓ SUBJECT: Interviews for Traffic Committee applicants. RECOMMENDATION: To interview the candidates, complete the selection process and adopt Resolution No. 37-92 appointing one member-at-large to the City' s Traffic Committee. BACKGROUND: Due to an expiring term, there is one citizen vacancy on the Traffic Committee. The City Clerk has recruited for interested applicants and has received response from the following residents: Norman Rogers, Jerry Ferguson, Ray Jansen and Cindy Campbell. Norman Rogers will not be present for the interviews as he has had long-standing out-of-state family vacation plans. Attachments: Ordinance No. 112 4 Applications Resolution No. 37-92 i ORDINANCE NO. 112 - AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING CHAPTER 3 OF TITLE 4 OF THE ATASCADERO MUNICIPAL CODE ESTABLISHING AN ADVISORY TRAFFIC COMMITTEE The Council of the City of Atascadero ordains as follows : Section 1 . Chapter 3 of Title 4 of the Atascadero Municipal Code is amended to read as follows , commencing with Section 4 - 3. 209: TITLE 4 4 - 3. 209. Traffic Committee. The City Council may establish an advisory Traffic Committee to serve without compensation, consisting of the Director of Public [forks , who shall be the chairman, the Chief of Police, the Planning Director, one councilperson, and two (2) citizens that reside within the City limits . 4 - 3 . 210. Term. (a) The two (2) citizens shall be appointed by council to term of two (2) years , except for the initial year in which there will be one two-year term appointment , and one one-year appointment . Each succeeding year one new member shall be appointed by Council to a two- year term to replace the member whose term has expired. No citizen shall serve two consecutive two-year terms . (b) The councilperson shall be designated by Council to a one-year term. A councilperson may serve as many consecutive terms as Council desires but shall be designated on an annual basis . (c) The terms of the Director of Public :corks , the Police Chief, and the Planning Director shall be for the duration of, and concurrent with, their respective service in office. 4 - 3 . 211 . Duties and Rules . (a) It shall be the duty of the Traffic Committee to recommend to Council or to the City ;Manager a means for imnrovinc, traffic or safety conditions through appropriate signing, pavement marking, parking changes or other related methods . The committee shall study related matters as requested by Council and suggest the most practicable means for coordinating the activities of all officers and agencies of this City having authority with respect to the administration and l enforcement of traffic regulations . ' 0 (b) The committee shall meet as necessary at a convenient time and place designated by the committee. -1- i _ e (c) The Chairman shall appoint one member to serve as secretary to record all official actions or recommendations . (d) Matters shall be decided by a majority vote of those members present. Four members shall constitute a quorum. (e) The committee shall not attempt to ursurp the powers of elected or appointed officials designated by ordinance to protect the health, safety and welfare of the general public. Section 2. Publication. The City Clerk shall cause this ordinance to be published twice within thirty (30) days after its passage in the Atascadero News , a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933 ; shall certify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 3. Effective Date_ This ordinance shall go into effect and be in tull torce and e ect at 12: 01 a.m. on October 10th , 1955 . The foregoing ordinance was introduced on August 26, 19x5 , and adopted at a regular meeting of the City Council held on September 9 , 1955 . On motion by an andsh � , and seconded by { Council- Mackey the toregoing ordinance is hereby adopted in its entirety on the tollowing role call vote: AYES : Councilmembers Handshy, Mackey, Molina &, Norris and Mayor *Nelson NOES : NONE ABSENT: NONE ADOPTED: 9/9/85 ATTEST: CITY OF ATASCADERO, CALIFORNIA: �j ROBERT M. JONES , City Clerk ROLFE NELtON, Mayor APP?:OVED AS TO FOR11: APPROVED AS TO CONTENT: 000002 ROBERT7 . JONES , Interim City Attorney MICHAEL SS LIT , `ity, Manager Please return to: CITY CLERK 1. 6500 Palma Avenue Room83'p7U� Atascadero CA 93422 AtaseadCORPORATED JULY Z.1979 R E t; EIla nn i.:.J 3 A P P L I C A T I O N F:iASCADERO GJW CLERK CITY OF ATASCADERO TRAFFIC COMMITTEE Name: Address: 6655 Country (`lab nriye, AtagcAdPrn Telephone: 466-4233 Occupation: Teacher., uRtired Please give a summary of your education, experiences and/or reasons for wishing to serve on the Atascadero Traffic Committee: I h. Id Bachelor of Scienc and Mister of Science De�rpps from the University of Southern California A realdent of Atas- _eadero for the past five and- one-half- Which follo�ts & period of residence in Wales United Kin&dom for fourteen years* - My.. pno fesstonal experience aonsists of treaty-one vears of teaching and seven years work in public safety. Ever since the years in public safety I have been a stro.. advocate of a traffic mana�e- meat which represents ae aordinated influence of Engineering.En or meat, and Educatioul. In addition to that, Society needs a e71-in forme& electorate committed to the principle of observance of _th,e law. Presently. I serve oa the Re.cvcling Committee plus some other volunteer work and believe I can handle the stated. commitment of one meeting as month kith the Traffic Committee. I hereby certify. that the foregoing is correct , and that I am a regis ed voter in th ity of Atascadero . ' K1�4February 3, 1992 ( signature) (date) �UUii3 Please return to: _ f��� � Z'CITY CLERK //� 6500 Palma Avenue Room 1.0'PIN Atascadero �' E C r- IV ED CA 93422 Atascade�® • INCORPORATED JULY 2.1979 r V U�Owwm i'.Tj�';C'1'0ER0 A P P L I C A T I O N CITY OF ATASCADERO TRAFFIC COMMITTEE Name: Address: g��"�"J �[sl�► -9 Q�G�"�C �C� tkomel ' Teleohone: WOIZ41 7S6-(0(058 occupation: A�MltJ15T R- Please give a summary of your education, experiences and/or reasons for wishing to serve on the Atascadero Traffic Committee: I hereby certify that the foregoing is correct , and that I am a regi ter vo r the C ty o Atascadero . • ignature) (date) Attachment to Application/Traffic Committee Cindy S. Campbell In my current position as Parking Administrator with the Public Safety Department at Cal Poly, one of my responsibilities is to ensure the existence of proper painting and signage for traffic and parking areas on campus . While my organization' s function is primarily that of parking related enforcement , we have a sense of responsibility to approach traffic safety from a proactive point of view. My program staff are also responsible for monitoring traffic flow and parking lot usage as well as enforcing all applicable Cal Poly and California Vehicle Code sections on campus . I serve as a member of the University' s Public Safety/Parking and Traffic Sub-committee. This committee deals with issues relating to the campus parking and traffic master plan, City and regional bus subsidy and service, Van pooling programs , air quality management and other various traffic related issues . I am also a member of the California Public Parking Association, and currently in my second year of service on the Association' s legislative committee. My employment background is not that of a certified traffic engineer , but rather through practical application and experience. My family and I have been residents of the city of Atascadero for the past 5 years . We left our native residence of San Luis Obispo for the family oriented community atmosphere that Atascadero has to offer. It is my desire to serve my community by being a member of the advisory Traffic Committee. Please return to: CITY CLERK C 6500 Palma Av nue Room 4-6-'27 Atascadero, CA 93422 tascade�® - INCORPORATED JULY 2.1979 RECEIVED A P P L I C A T I O N FEB 12 1992 CITY OF ATASCADERO TRAFFIC COMMITTEE CITY MGR. Name: Address: Telephone: �lo�, -' g�0 .� Occupation: `Nis/C12 a�+'�' CEi2 Please give a summary of your education, experiences and/or reasons for wishing to serve on the Atascadero Traffic Commit ee: 31 -A. w 7749-oL-C-P :''! ;Cl ;,,v ,4�,.z„�..c'r2,�Ta.J. Cf�c�Reid i6fTy e 7W/AEFLa &-1-74- ,1-js ,�N:�> 'qsro Gi %E1 I S C) 0,+J 77VE EE. r Z' A�uL4 244 2)X- Vi.,U 6 /?C (2/251 /A"/13 /4VIC Sa"s'/51 7- I hereby certify that the foregoing is correct , and that I am a re ' stered vat r the City of Atascadero . /a. - g� sig e ) (date) UUQU()G F1 Please return to: 1618011 CITY CLERK 6500 Palma Avenue ���pT RO Room 208 O ERK pFFl ` Atascadero, CA 93422 A P P L I C A T I O N CITY OF ATASCADERO TRAFFIC COMMITTEE Name: Norm Rogers Address; 8 Quail Ridge Drive Telephone: 466-6663H/756-71960 Occupation: Media Specialist Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Traffic Committee. I earned a B.A. degree in Public Relationsfrom Cal State, San Jose and complete coursework for a Masters in Telecommunicaitons & Film At- - San Diego State. I am a returned Peace Corps Volunteer, worked with the U.S. Information, U.S. Agency for International Development, • a Head Start project in the East Los Angelesarea and the Sousson Foundation as a volunteer. For the past five years I have been TV coordinator at Cal Poly. Prior to that, I worked as a freelance writer/producer of television documentaries . I want to become more involved with community affairs in Atascadero. Because I have traveled ext6nsively irr the U.S. and abroad, there have been lots of chances to observe different ways of dealing with traffic problems. I am also concerned about Atascadero maintaining its unique and charming character. I hereby certify that the foregoing is correct, and that I am a resident of the City of Ata adero. '4 Signature: Date: ° ��' %� RESOLUTION NO. 37-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPOINTING ONE (1) MEMBER TO THE CITY OF ATASCADERO'S TRAFFIC COMMITTEE WHEREAS, the City Council has adopted Ordinance No. 112 esta- blishing the City Traffic Committee; and WHEREAS, due to an expiring term, one ( 1) vacancy has occurred on the Traffic Committee; and WHEREAS, public advertisements soliciting interest in appoint- ment to the Traffic Committee have been published and posted; and WHEREAS, the City Clerk did receive four (4) applications for consideration; and WHEREAS, the City Council did, on April 14, 1992, interview and consider four (4) candidates for appointment to the Traffic Committee and did then vote for specific nominations. NOW, THEREFORE, the City Council does resolve to appoint the following citizen to the Traffic Committee: April 14, 1994. for a two (2) year term expiring On a motion by Councilmember , seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO LEE RABOIN, City Clerk By:ALDEN SHIERS, Mayor APPROVED AS TO CONTENT: • ART MONTANDON, City Attorney REPORT TO CITY COUNCIL Meeting Date: 4/14/92- CITY OF ATASCADERO Special Session-Interviews(B) Through: Ray Windsor, City Manager From Lee Raboin, City Clerk SUBJECT: Interviews for the Atascadero Community Services Foundation, Inc. Board of Directors. RECOMMENDATION• To interview the candidates, complete the selection process and adopt Resolution No. 38-92 appointing three members-at-large to the Atascadero Community Services Foundation, Inc. Board of Directors. BACKGROUND: The Articles of Incorporation for the Atascadero Community Services Foundation, Inc. calls for three members of the public on the Board of Directors. The City Clerk has held an open, continuous recruitment and six individuals have responded: Harold (Hal) Carden Irene Bishop Gregg Cobarr Barbara Reiter Ronald Nordeen Sandra Schaefer ANALYSIS: Pursuant to Resolution No. 89-91, term lengths shall be staggered, as follows: ♦ One director for a term of one year ♦ One director for a term of two years ♦ One director for a term of three years After the initial terms of the Directors named by the City Council, the Directors appointed shall serve a three (3) year term. Attachments: Resolution No. 89-91 6 Applications Resolution No. 37-92 000009 RESOLUTION NO. 89-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DECLARING THE NEED FOR A NON-PROFIT CORPORATION FOR COMMUNITY SERVICES AND AUTHORIZING ITS INCORPORATION AS A TAX-EXEMPT ENTITY THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY FIND AND RESOLVE AS FOLLOWS: I. FINDINGS A. There presently exists in the City of Atascadero a need for -education about, and additions and improvements to, the Atascadero Zoo, public parks and recreation facilities, cultural opportunities and other community services (hereafter, collectively, "Community - Services" . B. The responsibility for providing the needed education about, and additions and improvements to, Community Services presents a burden on the finances and physical resources of the City which can be alleviated by the establishment of a non-profit, tax-exempt corporation to ( which the public will be encouraged to make contributions for Community Services. II. RESOLVED A. That it is in the best interest of the health safety and general welfare of the public for there to be established a non-profit corporation to encourage participation in, and to accept tax-exempt contributions to, the Community Services. B. That the City Council does hereby authorize the City Attorney's office to proceed with the incorporation of a non-profit, tax-exempt corporation, to be known as the ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. , to be organized in substantial conformity with the Articles of Incorporation attached hereto as Exhibit A and the By- laws attached hereto as Exhibit B, both of which are incorporated herein by this reference Page 1 000010 III. AUTHORIZED SIGNATURE AND CERTIFICATION ( The Mayor is authorized to execute this Resolution and the City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of September, 1991. AL EN SHIERS, MAYOR ATT �-T.' ? `M.. /U LEE RABOIN, CITY CLERK APPROVED AS TO FORM: - MAkY 9EDUSXGAYLE, ASSISTANT CITY ATTORNEY Page 2 00001 CERTIFICATION I, LEE RABOIN, CITY CLERK OF THE CITY OF ATASCADERO, HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Atascadero, California at a regular meeting thereof, held on the 10th day of September, 1991, upon motion made by Councilmember Lilley and seconded by Councilmember Dexter and upon the following vote of the City Council: AYES: Mayor Shiers, Councilmembers Lilley, Dexter and Borgeson NOES: None ABSENT: None ABSEW : rc-O-Upcil ember Nimmo ^j1 L E RABOI , CITY CLERK Page 3 000 1 O EXHIBIT "A" ARTICLES OF INCORPORATION OF ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. I. The name of this corporation is ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. II. A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. B. This corporation is formed exclusively for public and charitable purposes, including the following: to lessen the burdens of government of the City of Atascadero by promoting public welfare and education through the acceptance of . contributions for use in the Atascadero Zoo, public City parks, public City recreational and cultural facilities, and other public facilities. III. The name and address in the State of California of this corporation's initial agent for service of process is: Ray Windsor City Manager City of Atascadero 6500 Palma Avenue Atascadero, California 93422 IV. A. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501 (c) (3) of the Internal Revenue Code. B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. 1 EXHIBIT "Aa 000013 EXHIBIT "B" BYLAWS FOR THE REGULATION OF THE ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. I. NAME AND ADDRESS SECTION A. NAME OF ASSOCIATION. The name of this "Corporation" shall be the "ATASCADERO COMMUNITY SERVICES FOUNDATION, INC.", a nonprofit organization incorporated under the laws of the State of California. SECTION B. PRINCIPAL EXECUTIVE OFFICE. The address of the principal executive office of the Atascadero Community Services Foundation, Inc. , shall be located at Atascadero City Hall, 6500 Palma Avenue, Atascadero, California 93422, or at such other place as the Board of Directors hereafter may designate. The City of Atascadero is hereinafter referred to as, the "City". II. PURPOSES AND LIMITATIONS SECTION A. GENERAL PURPOSES. The general purpose of ' the corporation shall be to assist in maintaining, enhancing, and promoting the Atascadero Zoo, Atascadero public parks, recreation and cultural facilities, and other public facilities which serve the general public, to familiarize the public with those public facilities and their contribution to the growth and welfare of the United States, the State of California, the County of San Luis Obispo and the City, and to accumulate and manage such facilities for the public benefit to the following ends: 1. Personnel - To recruit, train, encourage and recognize volunteers as docents, guides, hosts, staff support in maintenance, displays and public functions under the supervision of the City Director of Community Services, as appropriate; 2 . Publicity - To establish a group to promote on-going use of the public facilities to promote educational, recreational and historical values and to plan and develop special events; 3 . Funding - To encourage donations, grants and corporate gifts for expansion, preservation, improvement and maintenance of the Atascadero Zoo, Atascadero public parks, recreational and cultural facilities, and other public facilities in pursuit of the Corporation's goals. 1 EXHIBIT "B" 0000+14 CSECTION A. OTHER PURPOSES. The Corporation may engage in such further and other purposes as may be permitted by law, provided however, that such purposes are authorized and approved by the Board of Directors, are in furtherance of the Corporation's public charitable purposes, and are of the type permitted to be performed under Section 501(c) of the Internal Revenue Code of 1986. III. MEMBERS MEMBERS PROHIBITED. The Corporation shall not have any members. EFFECT OF PROHIBITION. Any action which would otherwise require approval by a majority of all members or approval by the members shall require only approval by a majority of the Board of Directors. IV. DIRECTORS AND BOARD OF DIRECTORS MEETINGS SECTION A. NUMBER AND REQUIRED DIRECTORS. (1) The number of Directors of the Atascadero Community Services Foundation, Inc. shall be not less than seven (7) and not more than nine (9) . The number of authorized Directors shall be specified by the Atascadero "City Council" and may be changed by City Council annually at the time the Annual Report (as hereinafter defined) is submitted for City Council review. The Directors shall serve without pay. (2) Four (4) Members of the Board shall be those persons holding the positions of City Director of Community Services, City Director of Community Development, City Director of Administrative Services, and President of the San Luis Obispo County Zoological Society, or persons serving in like capacities as those capacities may be renamed from time to time, and as those persons may be selected or elected from time to time. The term of each individual serving in one of the four (4) above- named capacities shall be co-extensive with the term each such person serves in the capacity so noted. Any person succeeding to the title of one of the four (4) above-named capacities shall automatically become a Director of the Corporation. 2 EXHIBIT "B" 000015 SECTION B. APPOINTMENT OF DIRECTORS. All Directors not required by Section IV.A (1) , above, shall be appointed by the City Council, as follows: (1) In the event that the City Council initially authorizes seven (7) members to the Board of Directors, the three (3) Directors named initially by the City Council to fill the seats not designated in Section IV.A(1) , above, shall be appointed for staggered terms with one (1) Director appointed for a period of three (3) years, one (1) Director appointed for a period of two (2) years and a third appointed for a period of one (1) year. (2) In the event that the City Council initially authorizes nine (9) members of the Board of Directors, the four (4) Directors named initially by the City Council to fill the seats not designated in Section IV.A(1) , above, shall be appointed for staggered terms with three (3) Directors appointed for a period of three (3) years, and two (2) Directors appointed- for a period of two (2) years. (3) In the event that the City Council changes the number of authorized Directors at any time permitted by these By- laws, the newly created positions shall be filled for full terms of three (3) years each. (4) The term of each person named for a staggered term pursuant to Subsection (1) or Subsection (2) , above, shall be specified in the action of the City Council so naming each of those Directors. (5) After the initial terms of the Directors named by the City Council pursuant to Subsection (1) or Subsection (2) , above, the Directors appointed by the City Council shall serve a three (3) year term. (6) Directors appointed by the City Council pursuant to this Section IV.B may be reappointed by the City Council at the expiration of their terms, without limitation. SECTION C. EX-OFFICIO DIRECTOR. The City Manager of the City of Atascadero shall serve as an Ex-officio Director. Said Ex-officio Director shall have no voting power but may serve otherwise in all capacities as a Director and may participate in deliberations and discussions at all meetings of the Directors as a member of the Board. The Ex-officio Director shall be a permanent member of the Board and shall not be a Director additional to the number of Directors authorized pursuant to 3 EXHIBIT "B" 000016 Section IV, above. Any person succeeding to the capacity of City Manager shall automatically become an Ex-officio , Director of the Corporation. SECTION D. PLACE OF MEETINGS. Meetings of the Board of Directors shall be held at any place within or without the State of California, which has been stated in the notice of the meeting, or if ;not stated in the notice, or if there is no notice, at Atascadero City Hall, 6500 Palma, Atascadero, California, 93422, or at such other place as may be designated for Directors' meetings, from time to time, by resolution of the Board of Directors. SECTION E. REGULAR MEETINGS. Regular meetings of the Board of Directors shall be on the day and at the hour or at such other day and time as may be determined by the Board of Directors. No notice need be given in connection with such regular meetings, except that notice shall be given to each Director of any resolution of the Board changing the regular-- - meeting date or time. SECTION F. QUORUM REQUIRED FOR ACTION AT MEETINGS. A majority of the authorized number of Directors present at a meeting shall constitute a "quorum" of the Board of Directors for • the transaction of business. For purposes of determining a f quorum, the Ex-officio Director shall not be counted. SECTION G. SPECIAL MEETINGS. Meetings other than regular meetings of the Board may be called by the President, and shall be called by the President upon the request of any two Directors requesting a special meeting. SECTION H. REMOVAL OF DIRECTORS. A Director appointed pursuant to Section IV.B, above, may be removed by action taken by a majority of the City Council or by a vote of the majority of the Directors then in office subject to approval in writing by the City Council. SECTION I. VACANCIES. A vacancy on the Board of Directors shall exist upon the occurrence of any of the following: (1) The death or resignation of any Director. (2) The suspension or termination of any Director pursuant to the provisions of Section IV,.H, above. (3) An increase in the authorized number of Directors without appointment by the City Council. I i 4 EXHIBIT "B" 0000-1'7 1 (4) The failure of the City Council to appoint the full number of authorized Directors to the Board. A reduction of the authorized number of Directors shall not operate to remove any Director prior to the expiration of his or her term of office. V. FINANCING SECTION A. SOLICITATION OF FUNDS. The Corporation's primary source of funds shall be through solicitation of funds from the general public through gifts, bequests, trusts, or other devices and conducting special fundraising events. SECTION B. BUDGETING. The Board of Directors shall prepare and submit to the City Council, for approval, an annual operating budget for the Corporation. VI. INDEMNIFICATION OF DIRECTORS OFFICERS AND OTHER CORPORATE AGENTS { SECTION A. INDEMNIFICATION. The Atascadero Community Services Foundation, - Inc. shall, to the maximum extent permitted by California law, indemnify each of its Directors and Officers and the City of Atascadero, its Council and its officers and agents, against any expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with any proceedings arising by reason of the fact any such person is or was a Director or Officer of the Atascadero Community Services Foundation, Inc. SECTION B. NON-EXCLUSIVITY. The right of indemnification or advancement of expenses provided herein shall not be deemed exclusive of any other rights which any Director or Officer of the Corporation, or any other person seeking indemnification or advancement of expenses may have, whether by law or under any agreement, insurance policy, vote of disinterested Directors, or otherwise. VII. OFFICERS SECTION A. OFFICERS. The Atascadero Community Services Foundation, Inc. , shall have a President, a Vice- President, Secretary, Treasurer and such other Officers as may be t, 5 EXHIBIT uBn 000018 designated by the Board of Directors. The Treasurer shall be the Atascadero Director of Administrative services. All other Officers shall be elected by the Board of Directors for a term of one (1) year. Only Members of the Board of Directors shall be eligible to serve as Officers of the Corporation. Officers shall have the powers and duties as specified below, together with such other duties as may be specified from time to time by resolution of the Board of Directors. The Officers of the corporation shall serve without pay. Powers and Duties of the President. (1) To act as the Chief Executive Officer (2) To exercise general supervision over all the affairs of the Corporation. (3) To nominate members to committees necessary to carryout the executive functions. (4) To propose activities in the best interest of the Corporation. (5) To propose policies and legislation of the Board of Directors. (6) To propose the budget of the Board of Directors in conjunction with the Treasurer. (7) To administer regulations and By-laws. Powers and Duties of the First Vice President. (1) To assist the President in carrying out the executive functions. (2) To have the power and authority of the President when the President is absent. Powers and Duties of the Treasurer. (1) To maintain all the financial books and records of the Corporation consistent with generally accepted accounting principles. (2) To make regular financial reports to the Board of Directors at regular business meetings. i 6 EXHIBIT "B" 000019 (3) To sign all disbursements of the Corporation which shall also be cosigned by the President or First Vice-President. (4) To be responsible for the collection and disbursement of the Corporation funds. Powers and Duties of the Secretary. (1) To keep permanent comprehensive records of the Corporation's action. (2) To record the minutes at each and every meeting, and to prepare the said minutes for presentations and approval at the next regularly scheduled meeting. (3) To handle any correspondence at the request of the Board of Directors or committee members. (4) To be responsible to the President for all letters and notices necessary for promotion and execution of the function of the Corporation and may include a newsletter/bulletin. SECTION A. LIMITED AUTHORITY OF OFFICERS. No Officer of the Atascadero Community Services Foundation, Inc. shall have any power or authority, outside of the normal day-to- day business of the Corporation, to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable in connection with any transaction unless so authorized by the Board of Directors. VIII. AMENDMENTS New By-laws may be adopted or these By-laws may be amended or repealed by a majority of the Board of Directors. IX. FISCAL YEAR The "fiscal year" of the Corporation shall be the sane as that of the City. 7 EXHIBIT "B" Uli004, ) ANNUAL REPORTS SECTION A. The Board shall cause an "'Annual Report"' to be sent to the City Council and the Directors within 120 days after the end of the corporation's fiscal year. The Annual Report shall contain the following information for the fiscal year, in such detail as is necessary to clearly explain the fiscal transactions and status of the Corporation for that fiscal year: (a) The assets and liabilities, of the Corporation as of the beginning and the end of the fiscal year. (b) The principal changes in assets and liabilities within the fiscal year. (c) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes. (d) The expenses or disbursements of the Corporation for both general and restricted purposes. (e) Any information required by Section IX.B. , below. The Annual Report shall be accompanied by an audit report of independent accountants or, if there is no such audit report as permitted by this Section IX.A, by the certificate of the Treasurer of the Corporation that such statements were prepared without independent audit from the Corporation's books and records. If the Corporation receives less than $25, 000 in gross receipts during a fiscal year an Annual Report must still be furnished to the City Council and to all Directors but no audit report need be prepared by an independent accountant for such a fiscal year. SECTION B. As part of the Annual Report to the City Council, the Corporation shall annually prepare and mail or deliver to the City Council and furnish to each Director, a statement of any transaction or indemnification of the following kind within 120 days after the end of the Corporation's fiscal year: (1) Any transaction (i) in which the Corporation, its parent, or its subsidiary was a party, (ii) in which an "interested person" had a direct or indirect material financial interest, and (iii) which involved more than $50, 000, or was one of a number of transactions by the same interested person which, in the aggregate, totalled 8 EXHIBIT "B" more titan $50,000. For this purpose, an "'interested personO shall be any Director or officer of the Corporation, its parent, or one of its subsidiaries; provided, however, that mere common directorship held by a Director or Officer of the Corporation, its parent, or one of its subsidiaries with another non-related entity or person with whom the Corporation contracts shall not be considered an interested party. The above-required statement shall ' include a brief description of the transaction, the names of interested persons involved, their relationship to the Corporation, the nature of their interest in the transaction and, if practicable, the amount of that interest, provided that if the transaction was with a partnership in which the interested person . is a partner, only the interest of the partnership need be stated. (2) Any indemnifications or advances aggregating more than $10,000 paid during the fiscal year to any Officer or Director of the Corporation under Section VI.A, above. IN WITNESS WHEREOF, these By-laws have been executed as of this day of 1991. PRESIDENT SECRETARY 9 EXHIBIT "Bn 000022 Please return to: CITY CLERK - 6 6500 Palma Avenue Room 208 slum Atascadero, CA 93422 A P P L I C A T I O N CITY OF ATASCADERO ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. / BOARD OF DIRECTORS Name: 11,40040 �EZ- Address: 3b�S rgitl �AI A)7n Telephone:Lea54U -211 Occupation: 'v'PE,�tlk50; Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Community Services Foundation ` Board of Directors. �SG� /�JTiAC'�/Er7 I hereby certify that the foregoing is correct, and that I am a resident of the Ci y f ascadero. Signature: Date: ?114-9- V 000023 Harold L. Carden, III 5355 San Jacinto Avenue Atascadero, CA 93422 March 5, 1992 City Clerk's Office Room 208 City Hall 6500 Palma Avenue Atascadero, CA 93422 Attn: Lee Rabbin Dear Ms. Rabbin: Attached is a copy of my resume for your consideration to serve as a member of the Board of Directors for the Atascadero Community Services Foundation, Incorporated. The resume provides a summary of my education and experience which, I believe, you will find compatible with the needs of the board. I have lived in the community of Atascadero four years now and feel it is time to become involved in the activities of that community. In the past, job travel has limited my ability to provide dependable time and effort to community service. Present conditions provide the stability I believe necessary to be a dependable contributor and not a burden to the organizations to which I would participate. The activities which the Community Services Foundation will support, the zoo, public parks, recreational and cultural facilities, are the fabric around which a community grows. They are the most used and, I believe, most taken for granted. It is in support of the quality of life added, and by the level of effort required to maintain and expand these facilities, that I submit my name for consideration as a member of the Board of Directors of ACSF, Inc. Sincerely, 4444", Hal Carden, III 000024 HAROLD L. CARDEN, III 5355 San Jacinto Avenue Atascadero, California 93422 (805) 466-2111 (Home) (805) 545-6625 (Work) Voter Registration - Atascadero Homeowner Birth Date: 9/29/52 SUMMARY Over 18 years of increasing responsibility and experience in the areas of planning, budget management, cost control and project management, in the pulp and paper, petro chemical and utility industries. Proven ability to reduce costs, motivate employees and increase department operating efficiency. Experienced in use of latest management tools. BUSINESS EXPERIENCE Pacific Gas & Electric Co. Nov. 1986 to Present Cost & Scheduling Supervisor/Controls Manager. Present position includes the administrative, technical and career development responsibility for a department twenty-five management and three bargaining unit employees. irectly responsible for the development and maintenance of a $3 ,500,000 partment budget. Department is responsible for the development, tracking and analysis of a $100,000, 000 capital budget and a $60,000,000 M&O budget. Major Accomplishments: o Developed and implemented a staffing concept which improved project coordination and reduced head count by 15 consultants, resulting in an annual savings of $800, 000 per year to PG&E. Fluor Constructors 1981 to 1986 Administrator of Project Controls Administration/Manager of Projects. This position included the administrative, technical and development responsi- bilities for a group of eight cost/controls supervisors. Directly supervised all planning, estimating and cost functions. Major Accomplishments: o Developed and implemented a complete management control system for the fledgling maintenance division of"Fluor Corporation. o Responsible for staffing this new division. Responsible for client and corporate cash flow, budget prep and analysis. 0000245 i Resume of Harold L. Carden, III BUSINESS EXPERIENCE continued Scott Paper Co. 1974 to 1981 Chairman of Engineering Standards Committee and Planning Administrator: The position included the administrative and technical responsibility for the development and implementation of engineering and construction standards and procedures, planning and scheduling of all major capital projects as well as long range corporate strategic planning. EDUCATION Graduate Studies - Drexel University, Philadelphia, PA - Finance (Risk Analysis in Capital Budgeting) Undergraduate - Drexel University, Philadelphia, PA - B.S. Management Science ADDITIONAL BACKGROUND Member Board of Directors - Hydrogen Resources Corp. of New Jersey 1978- 1980, a non-profit organization for research and development of hydrogen fuel cells for state transportation. Founder of Organizational Research & Development Corp. - an organization to provide assistance for small business startup. Student Member of the Drexel University Tenure Review Committee. REFERENCES AVAILABLE UPON REQUEST I 0000-; 6 BelljI Please return to: CITY CLERK 6500 Palma Avenue -CITY OF CLERKS OFFiCCe- 1 Room 208 Atascadero, CA 93422 A P P L I C A T I O N CITY OF ATASCADERO ATASCADEAO COMMUNITY SERVICES FOUNDATION, INC. BOARD OF DIRECTORS Name• Irene T. Bishop Address: 7151 Serena Ct. , Atascadero, CA 93422 Telephone: 466-4370 Occupation: Laboratory Technician Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Community Services Foundation Board of Directors. I have a B.S. degree in Biology and have worked in both laboratory and office situations over the years. I have owned property here since 1976 and have lived here since 1983, and I have been involved in the community continuously since then. I have served as Church Bookkeeper for the United Methodist Church of Atascadero, have been past Secretary of the Atascadero Historical Society and am currently President of the Atascadero Community Band. I have finally completed construction of my dream home, and I plan to spend the rest of my life here. I love this community, and I wish to be a part of its development in the years to come. I think serving on this Board of Directors would be an exciting opportunity toward that goal. Thank you for your consideration. I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. Signature: /6� Date: 0000OZ1i MAR s Ws2 Please return to: TY OF ATASCADERO CITY CLERK WCLERK'SOFFICE 6500 Palma Avenue Room 208 Atascadero, CA 93422 A P P L I C A T I O N CITY OF ATASCADERO ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. BOARD OF DIRECTORS Name: ��� G � ©13.+'4 ✓Z.,�2.,, Address• '?560 6-14z--1-1-,VA CC) u R-7— Telephone: �S�9 Occupation: 5POMWASff/10 A1,}J .r-EnNG- Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Community Services Foundation Board of Directors. I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. Signature: Date: 000028 March 17, 1992 Dear City Council Members, As part of the application for a position on the Board of Directors of the newly formed Atascadero Community Services Foundation, Inc. you requested reasons for my wanting to serve on the Foundation Board of Directors. I am happy to address that first and my resume follows. Throughout my life, 'my contributions to the community in which I have lived has been very important to me. I truly believe that it is each individual's responsibility to serve humanity to the best of one's ability. It is only through this service that we not only enhance our own life, but enable humanity to prosper in a more enriched environment. I have chosen to live with my wife and raise our two children, ages 5 and 3, in a small rural community because it will enable them to appreciate the real values that life has to offer and will continuously remind me of how important are even the simplest, but most precious elements of life. The natural beauty that abounds throughout the surrounding area of Atascadero is a constant reminder that the basic but important qualities of life are to be appreciated and upheld in their highest form at all time. • To me, one of the most important of these elements of life is the appreciation of arts and culture. I have been very fortunate in my lifetime to be able to pursue my interests in the arts and culture, not only through my own work, but to study and enjoy the finest examples of almost every area of the arts and cultural activities. The amount that my life has been enhanced as a result of my exposure to arts and culture throughout the world is absolutely immeasurable. I can only say that I am extremely thankful for what I have experienced during my lifetime in these areas. I hope that my greatest contributions as a Board member of the Foundation will be to help provide greater opportunities within the Atascasdero area for the cultural enrichment of the lives of children and adults within our community. In the eight years that I have lived in the North County and of that, three years in Atascadero, the one element that I have always felt needed much greater attention and which I still feel needs to make enormous strides, is the development of arts and cultural activities within our community. Hopefully, my work as a Board member of the Foundation will touch the lives of both children and adults in the Atascadero area for many generations to come. • Sincerely, Gregg Cobarr 0 9560 Gallina Court Atascadero, CA 93422-1710 Phone (805) 466-6569 Fax (805) 466-8457 I. Education California Institute of the Arts - Master of Fine Arts Film and Television Production Brooks Institute of Photography - Bachelor of Arts Photography and Cinematography UC Santa Barbara - Art, Music and Literature Study Group in Europe II. Business Experience Present Owner of Cobarr Creative Marketing - a sponsorship and fundraising agency dealing in the areas of events, festivals, arts, sports, entertainment, cause and non-profit sponsorships, with past and present National, Regional and local clients such as: a waterfront harbor festival, a 4th of July beach event, a Jazz Festival, the American Music Awards, a Women's Shelter program, a public radio station and a recreational park Past A. Los Angeles - Independent marketing and promotions projects in the entertainment industry - over 200 projects for CBS Records; 150 projects for Twentieth-Century Fox, Film/TV; plus MCA/Universal, Capitol Records, Columbia Pictures, RCA B. SLO County - Owner and Creative Director of Regional Advertising Agency with clients such as Mazda dealerships, Computerland franchisees, radio stations, financial services company, a multi- million dollar farm supply company III. Cultural Organization and Non-Profit Volunteer /Projects A. Century City Cultural Commission, Advisory Council - responsible for formulating a cultural master plan for the Westside of Los Angeles, writing and obtaining a grant from the National Endowment for the Arts; planning, then implementing on-going performing arts and arts education events in Century City, including acting as Chairman of the Festival of Learning and Knowledge (FOLK Festival) 0 000030 (Gregg Cobarr coni, page 2) and Chairman of the Education Committee of the CenturyCity Y Cultural Commission; the "Armand Hammer Awards Luncheon" was initiated as a major fundraising event, businesses were invited and an award to the business leader who made the greatest contribution to the arts was given B. "Concerts in, the Park", Paso Robles - as Board Member of ACORN (A Community Organization Recognizing Need), created the concept, planned and implemented a sponsored, bi-weekly, family summer music series - "Concerts in the Park", in Downtown Paso Robles (Concerts in the Park is in it's 6th year); I also developed the sponsorships and fundraising C. Centennial Park, Paso Robles - as a Board Member of ACORN, spearheaded the campaign to raise 1.1 million dollars within the community of Paso Robles for a desperately needed community and recreation center; produced the fund raising video (arranged for Gov. George Deukmajian to appear in it), spoke on TV and radio, met with community leaders and groups on the importance of the project; the money was raised within eight months, Centennial Park was built within two years and is continuing to be a vital part of the community D. Extravaganza '89 - Harder Stadium, UCSB - Directed all of the marketing, advertising, sponsorships, graphic materials, including logo design, and produced the TV commercial for the most successful large scale free event in the history of UCSB E. Cuesta College Friends of The Library, Board of Directors - direct all fundraising activities towards business, create all endowment programs, help direct library business and marketing strategies as Chairman of the Business Committee F. Morro Bay Harbor Festival - Sponsorship Director - identified all potential sponsors, developed all the corporate and media sponsorship packages, negotiated all the sponsorships and wrote all the sponsorship contracts; increased sponsorship money by 110% over previous year 0000;31 S193 SANTA LUCIA NATIONAL BANFO March 4, 1992 City of Atascadero City Council RE: Atascadero community services Foundation Board of Directors Dear Council: Gregg Cobarr would like to serve on the Atascadero Community Services Foundation Board of Directors and asked that I write a letter of recommendation for him. I have known Gregg for about four years and have found him to be a trustworthy, sincere and ethical individual. He shows concern for his community, his family and does a good job when he takes on any challenge. I think he would be ideal for your board. He works well with people and is willing to take on responsibility. He has indicated in conversations how well he likes our community and I am sure he will work hard to keep this a great place to live and even make it better. Sincerely, SANTA LUCIA NATIONAL BANK Stanley R. Cherry� President SRC:cf 0001o.42 (805) 466-7087 * P.O. BOX 6047 * 7480 EL CAMINO REAL • ATASCADERO, CA 93423 - 9- 10 W MAR 2 l 1992 Please return to: • CITY CLERK CITY OF ATASCADERO 6500 Palma Avenue CITY CLERK'S OFFICE Room 208 Atascadero, CA 93422 A P P L I C A T I O N CITY OF ATASCADERO ATASCADERO COMUNITY SERVICES FOUNDATION, INC. BOARD OF DIRECTORS Name• J3 Ae,6,q,e4 Address: Telephone:_ ('Szs) y /, Occupation: l,y2F,/73�4 Z. Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Community Services Foundation Board of Directors. _ 04 P,467— G�A yN2\j' M i i ESS- _ -ILI 5c vAC;+ o'z /�7[-72— � 7� �7 PJB s1 S, ✓ � i3�2iCL v� ,G�Y CdcJRrGi t, --- V775 n"It. (1 9 7,2 —1973) <1 /7-Y �m���f� Lou r7/✓� � meg©L o6y l/ fAeoL - 4 �./� Y � \ 4/ 3 /�� ✓! �Ltv J /l�L �' V � Q Z / /Vtld Y �:i , i��Fi FA�T� rii t iS [gt�i� �l cD 1 L L Lk,F 1-0 x41=L� `T j jF tom- y4 )c)l,5 b 4 i ID N Ell T 4C C'©MmurtrrY, I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. : Si nature g rDate: 0000.:j Please return to: 0 0WR CITY CLERK APR 6500 Palma Avenue Room 208 Atascadero, CA 93422 C11Y OF CITY EO MODEMFICE A P P L I C A T I O N CITY OF ATASCADERO ATASCADERO COMUNITY SERVICES FOUNDATION, INC. BOARD OF DIRECTORS Name C N Address: �/ 7 Gl C� �i/P_ [� /`� y /V G fJ c� e dZ Telephone: � ^5 �cJ fid(( ''��-/��'� Occupation: 0-� Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Community Services Foundation Board of Directors. Ae Ci 32 ' ;,v 4,- ft`'j0 tlL Ce*- JZ — �rN V� 1 G(!`.(,v"L,L A J ��•"`^'G�iI J� �x�'Lejit/�J 1�-� �+��� � '. J I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. Signature:: g � Date: 7 Please return to: . CITY CLERK .q'J ,�'� ' 6500 Palma Avenue APR Room 208 __i Atascadero, CA 93422pF''" OFFI; A P P L I C A T I O N CITY OF ATASCADERO ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. BOARD OF DIRECTORS Name: Sandra L. Schaefer Address: 7856 Cortez Ave: , Atascadero Telephone Yhm) 466-4230/(wk) 466-2203 Occupation:Financial Planner IDS Financial Services, American Please give a summary of your education, experience and reasons for Express wishing to serve on the Atascadero Community Services Foundation Board of Directors. EDUCATION: Bachelor of Arts , C.S.U.L.A. , Major in Sociology, Minor in Music; post-graduate studies to complete Calif. F1PmPntary Teaching Credential. EXPERIENCE: Elementary teacher, 3 yrs. full time ! 68-' 71 ; sub- atitute teacher 172- 179 (Riverside, Calif. ) ; Self-employed as wallpaper hanger, consultant ' 80-189 (S.L.O. County) ; Clothing Mates Clothing 189- 191 (S.L.O. ) ;Personal Financial Planner, IDS Financial Services , opened office in Atascadero 1 -92 . As a resident of Atascaderofor almost 12 years I have enjoyed working and living in a community that offers a lot of extras. My en have one through the school system, one has already graduated, and my son is currently a junior at the high sc oo . My interest in serving on the Board of Directors of the Foundation comes from my involvment in a variety of community activities, from my children' s sports to my involvment with the zoo as a docent. As a new member of the Atascadero Chamber o ommerce, my intention is to be involved in the community as a whole. I am very interested in working within the business community, the sc oo s, an e cultural and recreational services to make the most of what Atascadero has to offer as a whole. Being a member of the Board of Directors for the Community Services Foundation would allow me to draw upon my previous experiences and my current activities within the community to contribute to the fullfilment of the purposes of the Foundation. I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. 17 Signatur Date: UtiUU;�s RESOLUTION NO. 38-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPOINTING THREE MEMBERS-AT-LARGE TO THE ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. BOARD OF DIRECTORS WHEREAS, the City Council adopted Resolution No. 89-91 on September 10, 1991 establishing the Atascadero Community Services Foundation, Inc. , a non-profit corporation; and WHEREAS, the Articles of Incorporation set forth the number of required Board of Directors to include three members of the public- at-large; and WHEREAS, public advertisements soliciting interest in appointment to the Board of Directors have been published and posted; and WHEREAS, the City Clerk did receive seven (7) applications for consideration; and WHEREAS, the City Council did, on April 14, 1992, interview and consider seven (7) candidates for appointment to the Board of Directors and did then vote for specific nominations. NOW, THEREFORE, the City Council of the City of Atascadero does resolve to appoint the following citizens to the Atascadero Community Services Foundation, Inc. Board of Directors: for a one (1) year term expiring April 14, 1993. April 14, 1994. for a two (2) year term expiring for a three (3) year term expiring April 14, 1995. On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: 0460 .16 Resolution No. 38-92 Page 2 ADOPTED: ATTEST: CITY OF ATASCADERO LEE RABOIN, City Clerk By•ALDEN SHIERS, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney i Agenda Item: B-1- Meeting Date: 4/14/92 ATASCADERO CITY COUNCIL FEBRUARY 25, 1992 MINUTES The Mayor called a special open session to order at 6: 15 p.m. for purposes of receiving the auditor' s report for fiscal year 1990-91 and to review mid-year budget adjustments. Present were council- members Borgeson, Nimmo, Dexter and Mayor Shiers. (Councilman Lilley - absent, budget session, only) . Formal roll call and the Pledge of Allegiance were deferred to the onset of the regular session. FY199O-91 FINANCIAL AUDIT REPORT: Fred L. Glenn of the accounting firm Glenn, Burdette, Phillips & Bryson, was present and provided an overview of the City' s financial audit. He described the report as accurate and reliable and mentioned that most of the recommendations for internal control had already been corrected or implemented. Mr. Glenn, responding to inquiry from Councilwoman Borgeson, indicated that he was comfortable with the City' s debt service. Mayor Shiers observed that journal adjustments had decreased. The City Manager pointed out that while the fund balance had dropped during fiscal year 1990-91, a key factor to consider was that significant one-time expenditures for improvements had been completed. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter to accept the City' s Audited Financial Reports for the fiscal year ending June 30, 1991; motion passed 4: 0 by roll call vote. MID-YEAR BUDGET ADJUSTMENTS: Mark Joseph, Administrative Services Director, presented the staff report and noted that if the mid-year budget adjustments were approved as recommended, staff would bring back a resolution for formal action by the Council at the next regular meeting. He mentioned that staff was asking Council to drop Item #8, adjustments for animal control services, because the joint program with the City of Paso Robles would not be realized this fiscal year. Because of this, he reported, the City would continue to receive services from the County. He explained that $45, 000 had is CCO2/25/92 Page 1 000038 been budgeted for animal control services for the year and projected that actual costs would range between $60-65,000. An adjustment, he noted, would be requested at year-end. Greg Luke, Public Works Director, provided an explanation of why additional appropriations for engineering plan checking was needed. He reported that staff' s goal was to move closer to a full-cost recovery fee and proposed that he bring back a resolution modifying engineering fees at the next meeting. Discussion followed regarding the Public Works Director' s request to increase the minor road improvement budget by $100,000 in order to correct a variety of historic drainage conditions. (Councilman Nimmo, because some of the proposed improvements might involve streets adjacent to property in which he has a financial interest, stepped down from the discussion. ) Mark Joseph pointed out that there would be an ample allocation from gas tax dollars to address the drainage problems. . The City Manager added that the major areas have been identified and mentioned that many, significant repairs could be achieved. In addition, he emphasized that staff was not asking for an additional appropriation, but rather a re-allocation of funds. Councilwoman Borgeson shared concern for a drainage problem recently experienced on Mercedes Avenue and asked what the status on it was. Greg Luke estimated that it would cost $10-15,000 to remedy that particular situation and added that most of the other projects identified would also be in that range. Councilwoman Borgeson indicated that she would like to know what areas have been identified. Mr. Windsor remarked that staff would provide Council with a list. (Councilman Nimmo re-joined the Council for further deliberations) . Councilwoman Borgeson, referring to Item #12, additional support for the City Attorney' s Office, asked for an accounting of costs for each attorney. She explained that although she was not worried about Art Montandon' s fees, she did have some concerns about the costs associated with special counsel. Mark Joseph remarked that he would provide such a breakdown. Councilman Nimmo stated that he presumed at budget time staff would have some specific recommendations for tighter control over legal costs. Mr. Windsor, on a related issued, reported that Councilman Lilley had shared concern for a recent request for legal opinion and would be bringing the matter to the attention of the Council under "Individual Determination" . CCO2/25/92 Page 2 0000;;9 Councilman Nimmo asked the Public Works Director if some engineering plan checking was currently being down in-house. Mr. Luke responded that staff does do some small commercial projects. Councilman Nimmo asked if the Folkins & Folkins fueling station project was done by an outside consultant or in-house by staff. The Public Works Director replied that the project had been checked b a former member r of staff. Acting Fire Chief, Mike McCain, provided an overview of his memo to Council dated January 28, 1992 recommending a short term answer for vehicle re lace p merit. Recognizing the state of the. budget, Chief McCain reported that it would not be feasible to purchase another 125 000 $ piece of equipment this year or even next year. He Y Y proposed, instead, that the present brush engine be upgraded to current safety standards and alterations be made to the rescue unit. These improvements, he projected, could be as low as $6- 10, 000. Mark Joseph summarized preliminary FY91-92 year-end projections and highlighted the "good news" and the "bad news Mr. Windsor pointed out that revenue nue from sales taxes were down ..and summarized three viable options, as follows: 1 ) delete/defer some capital expenditures, 2) reduce current expenditure levels by 7 to 10 percent and 3) pursue supplemental revenue enhancements. Councilwoman Borgeson noted that interest rates on investments had also fallen. At 7:02 p.m. , Mayor Shiers closed the discussion and called a short break. No action was taken. At 7: 15 p.m. , the mayor called the regular meeting to order and Councilman Dexter led the Pledge of Allegiance. The Clerk called the role. ROLL CALL: Present: Councilmembers Nimmo, Lilley, Borgeson, Dexter and Mayor Shiers Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk CCO2/25/92 Page 3 0000,40 Staff Present: Ray Windsor, City Manager; Henry Engen,- Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Greg Luke, Public Works Director; Bud McHale, Police Chief and Mike McCain, Acting Fire Chief • Presentation of Stork Pins to Firefighters (Acting Chief McCain) Acting Fire Chief, Mike McCain presented firefighters Scott Satterthwaite, Keith Aggson and Jerry Pickard with "Stork Pins" in recognition of their emergency attention to a woman in labor. He described the incident and reported that the men were trained by Atascadero paramedics Kurt Stone and Fred Motlo. Congratulations were extended. PROCLAMATION: • American Red Cross, S.L.O. County Chapter, 1175th Birthday Celebration", March 11, 1992 Mayor Shiers read the proclamation and presented it to Jeannie Nix, Executive Director of the San Luis Obispo County Chapter of the American Red Cross. COMMUNITY FORUM: Russ Kolemaine, 4580 Potrero Road, read a prepared statement (see Exhibit A) and presented a petition (on file with the City Clerk) to the Council objecting to a "no-smoking" ban citywide. Eric Greening, 7365 Valle, spoke in support of a smoking ban and protecting the health of the public. James Patterson, member of the Atascadero Native Tree Association, announced events scheduled for Arbor Day, March 7, 1992. Randolph Lawrence, Atascadero resident and physician, stated that there was well-documented evidence of the negative results of second-hand smoking and urged Council to work together with the community in setting a good example for the young people. Micki Korba, City Treasurer, mentioned that many of the signatures on the petition presented by Mr. Kolemaine were not area residents. She pointed out that a petition in favor of a smoking ban submitted in November of 1991 was signed only by Atascadero residents. Gloria Pears, of Atascadero, voiced opposition to a smoking ban. CCO2/25/92 Page 4 0000,11 A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows) : 1. S.L.O. Area Coordinating Council (SLOACC) & S.L.O. Regional Transit Authority (SLORTA) - Councilwoman Borgeson reported that SLOACC had directed staff to explore transit funding formulas and looked at the draft Rail Improvement Feasibility Study. She also reported that SLORTA had approved a new budget. Mayor Shiers remarked that he had received calls in support of an Amtrak rail stop in Paso Robles. 2. Solid/Hazardous Waste Management Committee - Councilman Nimmo reported that Greg Luke would be representing Atascadero at the next meeting to be held on Thursday, February 27, 1992. 3. Recycling Committee - Mayor Shiers reported that the committee had met and formed sub-committees. He indicated that an informational brochure would be updated soon and explained that new members were to be appointed later in this meeting (see Item #D-3) . 4. Economic Opportunity Commission - Councilman Dexter announced the next meeting to be Thursday, February 27, 1992 and the topic of discussion would be the homeless shelter. 5. City/School Committee - Councilman Dexter reported that the committee had met on the 20th of February. The City Manager stated that the major topic for discussion was the homeless and reported that Supervisor David Blakely would be establishing a North County Task Force to address the problem. In addition, Mr. Windsor noted that the committee had discussed traffic situations near schools. Councilwoman Borgeson asked when the School District would be removing old chicken coops near the new San Benito Elementary School. Andy Takata reported that this location was owned by the School District and was the designated site for a new junior high school. He added that he would look into the question. 6. County Water Advisory Board - Councilwoman Borgeson reported that she had attended the last meeting at which delegates looked at advisory measures for the "State Water" project. This matter, she announced, would soon CCO2/25/92 Page 5 000042 be before the Board of Supervisors. 7 . Economic Round Table - Councilman Lilley remarked that the round table had met and finalized a presentation to the Council set for the first meeting in March. 8. Colony Roads Committee - The City Manager reported that the committee had met on the 20th of February. The base data, he explained, has been compiled and the next step will be to determine how costs will be shared among the jurisdictions. He stated that he and Mary Gayle, Assistant City Attorney, were endeavoring to set a meeting with County officials in early March. B. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. CONSOLIDATED TREASURER'S REPORT - JANUARY, 1992 2. RENEWAL OF RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) CONTRACT 3. 1991 SAFETY AUDIT (Informational) 4. CADET FIREFIGHTER PROGRAM MOTION: By Councilman Dexter, seconded by Councilman Nimmo to approve the Consent Calendar; motion carried 5:0 by roll call vote. C. HEARINGS• Mayor Shiers moved Item #C-2 up. 2. URGENCY ORDINANCE NO. 239 - Consideration of Urgency Ordinance to permit public animal hospitals as an allowable use in the CT Tourist Commercial Zone (4/5 vote required) (Recommend motion to waive reading in full and approve on single reading, by title only) Mayor Shiers announced that due to negative response from the public to the site chosen for an animal shelter, staff was recommending that the matter be removed from the agenda and, further, that Council take no action on the urgency ordinance. He assured the public that before anything more is done on this matter, a full public hearing would be held. Councilman Nimmo emphasized that the site would no longer be considered. Councilwoman Borgeson thanked the Homeowners' Association for sponsoring an informative meeting on the topic and CCO2/25/92 Page 6 000043 • commended staff for presenting the City' s rationale behind the proposal. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to remove the item from the agenda; motion carried unanimously by voice vote. 1. FACTORY OUTLET RETAIL CENTER - Public Hearing to consider cer- tification of Final Environmental Impact Report and approval of proposed 89,067 sq. ft. Factory Outlet Shopping Center at 2100 E1 Camino Real (southwest corner of Del Rio Rd. & E1 Camino Real--Netanel, Inc./Golden West Development) A. Ordinance No. 240 - Amending Map 4 of the Official Zoning Maps by rezoning certain real property at 2100 El Camino Real from CN to CPK (PD1) (Commercial Park Planned Devel- opment No. 1) (Zone Change 09-91 - Camino Real Fashion Outlet/Golden West) (Recommend motion to waive reading in full and approve on first reading, by title only) B. Tentative Parcel Map 07-91 - Combining five (5) lots into two (2) lots (6.96 ac, center and gas station site) C. Conditional Use Permit 04-91 - Approving the Camino Real Fashion Outlet Center Henry Engen introduced the item and turned the presentation over to Doug Davidson, Senior Planner. Also present was David Foote of Site and Environmental Design (SEDES) , who prepared the Environ- mental Impact Report (EIR) on the proposed project. Mr. Davidson reported that the impacts identified by the EIR could be mitigated or reduced significantly and staff was recommending approval of the project. He added that the proposed factory outlet will provide economic benefit to the City and meet its, fair share of public improvements. Council questions followed regarding traffic and signalization on the overpass. Councilwoman Borgeson voiced concerns about sewering the project and asked staff if the area property owners were notified about the proposed extension of the sewer line. Mr. Engen reported that owners of lots within a 300 foot radius were notified and ads were placed in the newspaper for public hearings before the Planning Commission and City Council. He explained that the General Plan calls for sewer service for commercial zoning on the west side of El Camino Real and indicated that the Urban Service Area includes all the subject property south to the existing mortuary. This area, he continued, would have a forced main sewer line and the project would not provide direct sewer hook-up for intervening properties. Councilwoman Borgeson remarked that initially the CCO2/25/92 Page 7 00004,1 project was proposed to have a septic system and stated that she • did not feel the sewer now proposed was adequately addressed in the EIR. Discussion ensued regarding traffic at the intersection of San Anselmo and El Camino Real. David Foote advised that existing traffic conditions do not warrant any improvements. Councilwoman Borgeson disagreed stating that the factory outlet would have an adverse effect on the entire corridor. Greg Luke, Public Works Director, explained the recommendations regarding traffic signals. He reported that the proposed signal at Del Rio Road and E1 Camino Real would be installed concurrent with construction of the factory outlet. As an alternative to the widening of the bridge overpass on Del Rio, two additional signals would be required, he reported, but deferred to allow occupancy with his concurrence. He explained that the process to install these signals would be lengthy because they are in CalTrans' right- of-way and the State had not indicated any willingness to accelerate the process. Councilwoman Borgeson opposed the recommendation to defer the signals. The mayor asked the Acting Fire Chief to comment on whether there was sufficient water to serve the area. Mike McCain reported that the original test indicated that there was a problem, however it was determined that a numerical error had been made and he had since issued a second opinion that there was adequate water to serve in case of fire. Public Comments: Applicant Richard Shannon of Golden West Developers spoke in support of the project and addressed concerns relating to traffic and sewer. Ray Johnson, President of the Atascadero Chamber of Commerce and member of the Atascadero Economic Round Table, urged approval of the fashion outlet because it would induce business in the downtown. Bill Mazzacane, Executive Manager of the Atascadero Chamber of Commerce also spoke favorably about the project. Eric Michielssen, Chairperson of the Chamber' s Tourism Committee, indicated that he believed the outlet center would lure new consumers to the downtown. He added that he was speaking on behalf of the owners of the Carlton Hotel and thrift store who agree that the project would provide great additional shoppers and tourists to the area. CCO2/25/92 • Page 8 0000145 Eric Greening expressed support and offered two suggestions. He proposed that the parking lot include appropriate parking for tour buses and mentioned that he would prefer to see impervious materials around the drip lines of the oak trees. In addition, he commented that he would like to see a good restaurant on the site. Madeline Kinney, 2405 E1 Camino Real, asked why it was that she could not hook into the sewer line when it would, in fact, go right across her property. The Community Development Director explained that in order for the east side of E1 Camino Real to be served by sewer, the General Plan would have to be amended to include that area in the Urban Services Line. Because it is not now in the Urban Services Line, he clarified, it cannot be served. The Public Works Director provided additional details about the proposed sewer line. Doug Lewis, Tunitas Avenue resident, inquired about the heights of the towers. Mr. Davidson reported that the proposed towers did exceed height limitations but would not be inhabitable. Approval was similar to the architectural design of the existing Santa Lucia National Bank, he said. Randolph Lawrence, 4600 Obispo Road, shared his concern for traffic congestion at peak times and asked if there were plans for widening E1 Camino Real south of Del Rio Road to include a left-hand turn lane. The Public Works Director indicated that the three signals would be interconnected and would operate in conjunction with each other to avoid bottlenecking. In addition, he reported that the City would be requiring an eight-foot turn lane into the outlet center with a bike lane that will tape off to the south. Marianne Butler, 4900 Del Rio Road, voiced apprehension about increased traffic due to the outlet center and the two new schools. Jan Bewley, 12090 San Marcos Road, spoke in support of the project and cautioned the Council against trying to solve all the traffic ills of the City through this one application. John Cole, 8710 Sierra Vista Road, favored the project and asked if the City would share any fiscal responsibility. Greg Luke remarked that the City is not putting any funds into the project. Yehuda Netanel, president of California Factory Stores, addressed some of the public' s comments. He advised that the parking lot was designed to include parking for three buses. He noted that traffic figures proposed are the worst-case scenario for a Saturday afternoon and stated that this would not conflict with school- related traffic. He projected the outlet center would gross 20-25 million dollars per year and provided additional points in support of the project. CCO2/25/92 Page 9 60001-16 ---End of Public Testimony--- 0 Individual Council comments followed. Councilman Nimmo indicated that the fashion outlet would be a key to unlock the downtown and provide revitalization for the City' s economy. He commended the applicant, his representative and staff for their work on the project. Councilman Dexter also expressed support, but mentioned that he would have liked to see the project be larger than what was proposed. Councilman Lilley indicated that he had been in favor of the project from the onset and believed the land use and CEQA impacts had been adequately addressed. Councilwoman Borgeson voiced opposition to the project and stated that her reasons centered around the conditions of approval. She voiced disapproval with not requiring the bridge to be widened and for allowing two of the three signals to be deferred. She indicated that she did not believe all the impacts had been addressed and shared concern about the negative effect the fashion outlet would have on downtown businesses, especially the clothing stores. In addition, Councilwoman Borgeson relayed that many of the neighbors were against the project. Mayor Shiers indicated that while he had some of the same concerns as Councilwoman Borgeson, he would support the project because of the positive benefits it would have on the City. Mentioning the delays in getting the signal at the intersection of Morro Road and Atascadero Avenue, the mayor asserted that he wanted to see all three lights installed as soon as possible. He also remarked that he believed the summary of projected costs to the City had been underestimated by as much as twenty percent, but proclaimed that the project still had potential to bring a substantial net worth to the City. MOTION: By Councilman Lilley, seconded by Councilman Nimmo that the Final Environmental Impact Report be certified as an adequate document under the provisions of CEQA and that Zone Change 09-91 be approved based on the Findings found in Ordinance No. 240; motion carried 4: 1 (Councilwoman Borgeson opposing) . MOTION: By Councilman Nimmo, seconded by Councilman Lilley that Tentative Parcel Map 07-91 be approved based on the Findings for Approval in Attachment "Q" and Conditions of Approval in Attachment "S"; motion carried 4: 1 (Councilwoman Borgeson opposing) . CCO2/25/92 Page 10 0000,117 . MOTION: By Councilman Nimmo, seconded by Councilman Lilley that. Conditional Use Permit 04-91 be approved based on the Findings for Approval in Attachment "R" and the Conditions of Approval in the revised Attachment "S"; motion carried 4: 1 (Councilwoman Borgeson opposing) . Mayor Shiers called a break at 9:40 p.m. The meeting was reconvened at 9:55 p.m. D. REGULAR BUSINESS: 1. TENTATIVE PARCEL MAP 91-009, 9300 CORRIENTE - FINDINGS FOR DENIAL OF PROPOSED DIVISION OF 8.21 ACRE PARCEL INTO TWO 4.1 ACRE LOTS (Young/Cuesta Engineering) (Cont'd from 2/11/92) The City Attorney requested a two-week continuance of this item to allow him time to review the record and draft the findings in proper form. He advised that since the public hearing had been closed, no further public input should be received. MOTION: By Councilman Dexter, seconded by Councilman Lilley to continue the matter; motion unanimously carried by voice vote. (Matter calendared for March 10, 1`992. ) 2. PROPOSED RENEWAL OF DAVE TRANSPORTATION SERVICES, INC. , DIAL- A-RIDE CONTRACT 0 Greg Luke provided the brief staff report and recommended approval of the contract renewal. Councilwoman Borgeson mentioned that the Area Council would be reviewing the Short-Range Transit Plan for Dial-A-Ride and asked if it would be more appropriate to wait until after this has been completed. The Public Works Director reported that two studies were being conducted: the Short-Range Transit Plan and the Performance Audit; he recommended against waiting on this matter. Councilwoman Borgeson asked who reviewed mileage logs. Mr. Luke replied that this task was assigned to the Finance Department. Councilwoman Borgeson asserted that the City needs to make sure contract provision #28 is being adhered to. MOTION: By Councilwoman Borgeson, seconded by Councilman Nimmo to approve the proposed Amendment No. 2 to the Agreement for Provision of Dial-A-Ride Services with Dave Transporta- tion Services, Inc. ; motion carried 5:0 by roll call vote. • CCO2/25/92 Page 11 000048 3. RESOLUTION NO. 21-92 - APPOINTMENT OF NEW MEMBERS TO THE • RECYCLING COMMITTEE Mayor Shiers reported that five citizens had expressed interest in serving on the Recycling Committee and asked for a motion to adopt Resolution No. 21-92 making the appointments official. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter to waive the interviewing procedure for new committee members and approve Resolution No. 21-92 appointing the following citizens to the Recycling Committee for a term of two years each: Patricia Frank, Joyce Lew, Sandye Tillson, Michael Hordeski and Susan Marsh. Motion carried unanimously. 4. D.A.R.E. PROGRAM - DONATION OF VINTAGE CAR Police Chief, Bud McHale, provided the details of a proposal from Del McCulley on behalf of the Mid-State Muscle Cars Club for the donation of a reconditioned vintage sedan. The car, he explained, would be marked and equipped for use as a Police/D.A.R.E. public relations vehicle for use at special events. He noted maintenance costs would be minimal. MOTION: By Councilman Lilley, seconded by Mayor Shiers to approve the donation of a vintage Police Car/D.A.R.E. vehicle to the City; motion unanimously carried by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Lilley shared concern regarding a recent request for legal opinion from Planning Commission Chairperson George Luna. He indicated that he believed it inappropriate for staff or any appointed board member to make such a request without Council consent and asserted that the Council must retain and regain control over rising legal costs. Mr. Windsor reported that while he did not have administrative control over the City Attorney, the Council had allowed him to make certain determinations on requests for legal opinions. He proposed that Council may prefer to review requests made by a board/ commission member, or from the public but suggested that, where staff is concerned, it continue to leave some discretion to him, or a subcommittee, because it may not always be in the best interest to wait. Councilwoman Borgeson commented that the procedure should come back as an agenda item. Council concurred. CCO2/25/92 . Page 12 00001-19 Councilwoman Borgeson remarked that she, at the last meeting, had 0 mentioned a letter from David Duncan regarding a denied request to carry a hand gun and had expected to see the matter on the agenda. The City Manager indicated that the item would be scheduled for the next meeting. 2. City Treasurer Micki Korba, City Treasurer, reported on her recent attendance at a series of financial workshops held at Los Angeles City Hall. She stated that she had listened to encouraging comments from State Treasurer Kathleen Brown regarding the economy of the state. In addition, she reported that the overall message seemed to be that it is no longer business as usual, but rather the time has come for change and reform. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 10:20 P.M. THE NEXT REGULAR MEETING OF THE ATASCADERO CITY COUNCIL WILL BE ON TUESDAY, MARCH 10, 1992 AT 7:00 P.M. MINUT TCORRDE7AND PREPARED BY: LEe RABOIN, ditY Clerk Attachment: Exhibit A (Kolemaine) CCO2/25/92 Page 13 CCO2/25/92 EXHIBIT A > > > > > > > > > > > > > > > > > > > > > RSK < < < < < < < < < < < < < < < < < < < Russell S.Kolemaine/P.0.Box 1990/Atascadero/CA 93423/(805)466-8200(voice/FA)Q City Council CITY OF ATASCADERO ATTN: Alden Shiers, Mayor 6500 Palma Avenue Atascadero CA 93422 25 February 1992 SUBJECT: Business smoking ban Sir: On January 28, a motion was passed by City Council directing City staff to draft a revised smoking ordinance that would meld two options presented to Council, to be presented for passage to the City Council.The wording of these two options was as follows: '3.Adopt a prohibition less stringent than San Luis Obispo, (e.g.,allow smoking in bars,phasing out smoking in restaurants, etc.) 4.Adopt a policy to encourage reduced public smoking based on voluntary compliance through continued education.' Comments made by some council members at the time indicate a clear intention to "phase out smoking in restaurants, etc within a period of only a few months after passage of such an ordinance. Proponents of this ban have indicated that the term "etc"would eventually include all Atascadero business locations, indoors and out, not just restaurants, regardless of (a) effective existing smoking policies already established by business owners, (b) the private property rights of individually-owned small businesses, and (c) the fact that over 30% of licensed Atascadero businesses are operated out of private residences; among other matters relevant to this issue. Because of the threatened business disruptions this proposed ordinance would entail, the undersigned Atascadero citizens and business owners formed an ad hoc committee to demonstrate the true degree of public support, or lack thereof, for such an ordinance, and to offer City Council an alternative means to address the perceived problems of those attempting to exercise their control over private business premises in the name of"imminent public health concerns". Accordingly, starting February 3, this committee drafted and began circulation of the advisorypetition here submitted. Our petition calls upon the City Council to support the existing efforts of business owners to regulate smoking on their own privately-owned premises and to balance the interests of all their customers, smokers and non-smokers alike. The committee is pro-business, nota pro smoking' committee. The members of the committee and most petition signers fully support the broad goal of reduced smoking in America, and the Council instruction stated in Option#4,above. 0 (Continued) UUU()SO ATASCADERO CITY COUNCIL 25 February 1992 Page Two The committee, and those who helped gather signatures, also support the need to give fair warning to non-smoking persons regarding the smoking policies in effect on business premises, and therefore endorse the recommended revision to Atascadero City Code Title 6, Chapter 6, which is also attached here. As of this date, only three weeks after release, 2695 individuals of voting age have signed this and a similar petition, not circulated by the committee, also here included. The numbers of Atascadero residents agreeing with the aim of reducing further interference with businesses in this community totals 1325 adults, of whom 526 indicate they are non-smokers. Another 1005 persons, including 365 non-smokers living in other communities (Templeton, Santa Margarita, Paso Robles, etc)who regularly trade in Atascadero, and whose trade is vital to a healthy business environment, have indicated their support through this petition, the only viable means available to them for expressing their concerns to our City Council. An additional 107 persons,, 40 non-smokers, addresses uncertain, have also signed this, while an additional 200 have signed the supportive petitions circulated by others and included here. Of the 2495 signers who indicated their smoking preferences, 931 or 37.2%are non-smokers. We would like to point out these numbers are significantly greater than the purported 860 persons who signed a previous petition circulated by supporters of a smoking ban in all"public" places, irrespective of ownership or existing private regulation policies. Therefore,we herewith respectfully request the City Council give due regard to this • expression of broader public support for continued self-regulation of smoking by business owners before considering further changes to existing municipal smoking regulations. Thank you, T�akry aster ay 8451 El Camino al Xck Hathawa 575 P C o eal S. o ertame P.O. Box 1990 —� tt e 6901 El Camino Real • anjy �4 6645ro Road (ENCL) uvU0 1 > > > > > > > > > > > > > > > > > > > > RSK < < < < < < < < < < < < < < < < < < < Russell S.Kofemaine/P.O.Box 1990/Ataseadero/CA 93423/(805)466-8200(Voice/FA)Q RECOMMENDED REVISIONS OF ATASCADERO CITY CODE,TITLE 6,CHAPTER 6 DISCUSSION DRAFT ONLY [Text in bold face indicates suggested new language. S4kethFough indicates suggested deletions. ] Sec. 6-6.02 Purpose. (c) For the purpose of protecting the health and welfare of the public in privately-owned indoor business premises accessible or otherwise open to the general public, it is necessary to provide fair warning regarding smoking policies in effect on such premises. Sec. 6-6.05 Posting of signs. (a) Signs which designate the "no smoking" areas in City-owned, operated, leased or managed buildings, structures and indoor facilities designated by this chapter shall be conspicuously posted in every room, building, facility or other place so covered by this chapter The manner of such posting shall be at the discretion of the City Manager and/or his designee. The City Manager and/or his designee shall determine the manner for posting such signs on the basis of clarity, sufficiency and conspicuousness [are-appafe-at] in communicating the intent of this chapter. (b) Signs which designate smoldng policies in privately-owned and operated indoor business premises accessible to the public designated by this chapter shall be conspicuously posted by the business owner or manager outside and near the entrance(s) of the premises to provide fair warning regarding smoldng policies in effect on such premises.The business owner or manager shall determine the manner for posting on the basis of clarity, sufficiency and conspicuousness in communicating the intent of this chapter. Depending on the policy in force, wording of such signs should state: (1) SMOKING NOT PERMITTED ANYWHERE IN THESE BUSINESS PREMISES SE PROHIBE FUMAR EN TODO ESTE NEGOCIO (2) SMOKING IS PERMITTED ONLY IN DESIGNATED AREAS OF THESE BUSINESS PREMISES SE PERMITE FUMAR UNICAMENTE EN CIERTOS PARTES DE ESTE NEGOCIO (3) SMOKING IS PERMITTED ANYWHERE IN THESE BUSINESS PREMISES SE PERMITE FUMAR EN TODO ESTE NEGOCIO [No other changes recommended] Agenda Item: B-Z- Meeting Date: 4/14/92 ATASCADERO CITY COUNCIL MARCS 10, 1992 MINUTES The Mayor called the meeting to order at 7: 10 p.m. Councilperson Dexter led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Nimmo, Borgeson, Dexter and Mayor Shiers Absent: Lilley Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Greg Luke, Public Works Director; Andy Takata, Director of Community Services Department and Lt. Bill Watton, Police Department City Attorney, Art Montandon, reported that the City Council had met in Closed Session prior to the regular meeting for the purpose of discussions related to pending matters of litigation entitled, City v. Fluitt, Citv V. Guidry, O'Keefe v. City and Pesenti v. City. In addition, he reported that there had also been discus- sions regarding matters of possible and potential litigation. COUNCIL COMMENTS: Mayor Shiers mentioned that he had attended the City's Arbor Day Ceremony on March 7, 1992 and reported that one thousand oak seedlings had been given out to members of the community. PROCLAMATION: Mayor Shiers read the proclamation for "Camp Fire Birthday Week", 3/15 - 3/21/92. Local Camp Fire Girls accepted the proclamation and presented candy to members of Council and staff. CC03/10/92 Page 1 COMMUNITY FORUM: Atascadero resident DorothySmith commented that she h , had received a Notice of Filing with her recent telephone bill for an additional tax of five cents per month. She indicated that she would like to see the facilities underground and asked that a committee look into this matter. She added that she was also opposed to toll charges for calls to San Luis Obispo. City Manager, Ray Windsor, mentioned that the next, major project for undergrounding will be Morro Road. Greg Luke, Public 'Works Director, announced that the City would be hosting an informal, drop-in meeting regarding the Circulation element on March 11, 1992 from 4:00 until 8:00 p.m. in the Rotunda. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows) : 1. Solid/Hazardous Waste Management Committee - Councilman Nimmo reported that he had attended a lengthy meeting the previous week but because he had not come prepared with his notes, he would give a report at the next meeting. 2. Recycling Committee - Mayor Shiers reported that the committee was updating its' brochure on recycling issues. 3. Economic Opportunity Commission - Councilman Dexter explained that the commission had met and continued discussions relating to the homeless shelter. 4. City/School Committee - Councilman Dexter announced that the next meeting would be April 23, 1992 at 1:30 p.m. 5. County Water Advisory Board - Councilwoman Borgeson indicated that the board had met and taken a look at the State Water Pipeline Extension. She added that the Council would discuss later in the meeting the project and whether it was consistent with the City's General Plan (See Item #D-5) . 6. Economic Round Table - The City Manager mentioned that the Round Table had planned on presenting a formal status report to the Council under Regular Business this evening, but explained that he would be requesting, on Councilman Lilley' s behalf, that the matter be continued for a full Council (See Item #D-2) . 7. Colony Roads Committee - Mr. Windsor reported that the committee would have a status report next month. CC03/10/92 Page 2 B. CONSENT CALENDAR: The mayor read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - JANUARY 28, 1992 2. RESOLUTION NO. 22-92 - REAPPOINTING JOHN VIAL TO THE BUILDING & CONSTRUCTION BOARD OF APPEALS 3. TENTATIVE TRACT MAP 14-89,8625 ATASCADERO AVE. - Request for time extension for the subdivision of a portion of two exist- ing lots, 13.9 ac. total, into 23 parcels of one-half ac. each (Iverson/Central Coast Engineering) 4. RESOLUTION NO. 24-92 - MAKING THE FIRST AMENDMENT TO RESOLU- TION 48-91, THE ANNUAL APPROPRIATIONS RESOLUTION FOR FISCAL YEAR 1991-92 5. GUN PERMIT APPEAL PROCEDURE 6. RESOLUTION NO. 27-92 - APPROVING A LEASE/PURCHASE AGREEMENT WITH VALLEY BANK LEASING FOR FIRE TRUCK/PHOTOCOPIER 7 . RESOLUTION NO. 23-92 - ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION Mark Joseph, Administrative Services Director, pulled Item #B-6. Councilman Nimmo pulled Item #B-4. Councilwoman Borgeson pulled Item #B-5. The City Clerk made a minor correction to Item #B-1, Minutes of the City Council meeting of January 28, 1992. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to approve the Consent Calendar Items #B-2, 3 and 7; motion carried 4:0 by roll call vote. Re: Item #B-4. RESOLUTION NO. 24-92 - MAKING THE FIRST AMENDMENT TO RESOLUTION 48-91, THE ANNUAL APPROPRIATIONS RESOLUTION FOR FISCAL YEAR 1991-92 Councilman Nimmo indicated that the resolution involves drainage improvements on Montecito Avenue which may be beneficial to property in which he has financial interest and stepped down. Councilwoman Borgeson referred to an excerpt from Planning Commission Minutes dated February 18, 1992 regarding drainage problems at the Folkins & Folkins project on the corner of E1 CC03/10/92 Page 3 Camino Real and Montecito. She voiced apprehension about approving City funds for rectifying a drainage problem at that location. The City Manager recommended that this one specific item be removed from the resolution in order to allow staff to provide Council with a full, written report on the matter before a decision on the appropriation is made. MOTION: By Councilman Dexter, seconded by Mayor Shiers to remove the item; motion unanimously carried. (Item identified as Minor Road Improvement Project #3 - Montecito at E1 Camino Real, two inlets and pipe) With this item removed, Councilman Nimmo returned and participated in discussions regarding the larger issue. Discussion ensued about reserve funds. The City Manager pointed out that there had been a large jump in expenditures due to one- time capital improvements, but emphasized that once completed, the City could begin to build its, reserves back up. Councilwoman Borgeson asked for a commitment from staff to the Council that any surplus funds go into the reserve. Councilwoman Borgeson asked the Administrative Services Director what percentage of costs are in personnel. Mark Joseph replied that it was seventy percent overall. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to adopt Resolution No. 24-92 approving mid-year revenue and appropriation adjustments for FY91-92, with the exception of the one item pulled; motion carried 4:0 by roll call vote. Re: Item #B-5. GUN PERMIT APPEAL PROCEDURE Councilwoman Borgeson stated she had pulled this item to allow Atascadero resident David Duncan the opportunity to speak on the matter. Public Comment: David Duncan, 8885 Marchant, explained that he had applied for a permit to carry a concealed fire arm and the application had been denied. He stated that the police chief had provided him with no significant cause for issuance and debated the issue. He summarized his personal background and gun expertise, gave an explanation of why he wanted to carry the gun and asked for reconsideration. In addition, Mr. Duncan urged the Council to set up criteria by which the police chief must follow when assessing CC03/10/92 Page 4 gun permit applications. Councilwoman Borgeson recognized that the Council had no authority in the matter, but suggested that applicants be required to qualify as to their training and/or expertise. Councilman Dexter commented that there was no question regarding Mr. Duncan' s abilities but stated that he was opposed to anyone carrying a weapon in a concealed fashion. He added that the Council should let the police chief handle the matter. Councilman Nimmo asserted that the Council should not change the policy because the Police Department is the law enforcement agency. No action was taken. Re: Item #B-6. RESOLUTION NO. 27-92 - APPROVING A LEASE/PURCHASE AGREEMENT WITH VALLEY BANK LEASING FOR FIRE TRUCK/PHOTOCOPIER Mark Joseph mentioned that he had pulled the item to revise Exhibit "A" by removing the Canon copier. He stated that the City would only be financing the Fire-Bann rescue vehicle. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter to approve Resolution No. 27-92 approving a lease purchase agreement with Valley Bank Leasing; motion carried 4:0 by roll call vote. C. HEARINGS: 1. ORDINANCE NO. 241 - AMENDING THE OFFICIAL ZONING MAPS TO CONFORM WITH THE LAND USE MAP OF THE REVISED GENERAL PLAN (Zone Change 01-92, City of Atascadero) (Recommend motion to waive reading in full and approve on first reading, by title only) Henry Engen provided the staff report and recommendation. He noted that this was a follow-up action to make land use changes as a result of the newly adopted General Plan. Councilman Dexter reported that he had received a phone call from resident Darlene Frederick who was opposed to zoning changes at property located at Santa Barbara Road and El Camino Real. Mr. Engen noted that the zoning at that location was Neighborhood Commercial and confirmed that it was not being changed. Councilman Dexter stated that he would suggest to her that she contact staff for clarification. CC03/10/92 Page 5 Public Comments: Jim Grinnell, developer, spoke in opposition to the zoning for property behind the Super 8 Motel and the A&W Restaurant located on Morro Road. He provided an overview of the history of the property and what land use plans were being proposed. He urged the Council to designate the area as Commercial Retail or Commercial Tourist rather than Commercial/Professional. In addition, Mr. Grinnell mentioned that he understood that new street names were required to be Spanish but wondered if there would be any allowances made; the name he wished to* use was not Spanish, but chosen to coordinate with the theme of the development. George King, Director of Operations for Mr. Grinnell, explained further the 1150 ' s" theme restaurant and night club being proposed for the site. Darlene Frederick Hutchinson, 9350 Santa Barbara Road, requested that her property not be subject to a zoning change. Mr. Engen identified the parcel on an overhead map and reiterated that there was no proposed change in zoning. The zoning, he added, has been on the property since the original General Plan was adopted. Councilman Nimmo asked the Community Development Director questions regarding Mr. Grinnell's property. Mr. Engen reported that the zone change had been made to reflect a different project proposed for the site. He stated that the Tourist Commercial zoning suggested by Mr. Grinnell would also make sense and suggested Council go ahead with the map and the Council could direct the matter to be brought back in the first cycle of General Plan Amendments in April. Mr. Grinnell asked if it would be alright to ask for the street name "Memory Lane" even though it is not a Spanish name. Brief discussion followed. The City Manager suggested that Mr. Grinnell make his request in writing to the Community Development Department. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to waive the reading of Ordinance No. 241 in full; motion passed unanimously. MOTION: By Councilman Dexter, seconded by Mayor Shiers to approve Ordinance No. 241 on first reading, by title only; motion carried 4:0. There was consensus to initiate considertion of a General Plan Amendment to change the land use designation from Office to Tourist Commerical. CC03/10/92 Page 6 2. RESOLUTION NO. 25-92 - ADOPTING MODIFIED ENGINEERING SERVICES FEES Greg Luke provided the staff report and recommendation to adopt Resolution No. 25-92 modifying engineering fees. He explained that current fees charged are not coming close to the cost of plan checking and proposed that the City recover contract plan checking fees by charging the applicant for that cost. Public Comments: John Falkenstien, Cuesta Engineering, referred to his letter to the Council dated March 10, 1992 and asked that the process of plan checking be changed. He suggested that a process guideline be written before fees are adopted and urged Council to allow staff to do plan checking in-house, rather than outside. He stated that he agreed with the theory behind modifying the fees but urged Council to take good care of the citizens' hard-earned money. Whitey Thorpe, 8025 Santa Ynez, spoke in opposition to increased fees and asserted if staff cannot do the job, they should be replaced. ----End of Public Testimony---- Councilwoman Borgeson remarked that other cities are already relying on full cost recovery and said she was in support of charging any extra costs to the developer. Councilman Nimmo opposed the increase in fees because of the 19% reduction in permits and in light of the economic dislocation in the City and County. He contended that before fees are raised, staff must be sure it has an efficient system. Councilman Dexter agreed staff should look into increased efficiency and stated that there is never a good time to raise fees. He indicated he was in favor of the new fees and suggested that the fees be reviewed in six or twelve months. Mayor Shiers commented that it was prudent to increase fees and correct inefficiencies. He added that the proposed fees were not out of line with what other cities in the County are charging. Councilwoman Borgeson asked the Public Works Director to clarify if the new fees would have an impact on single-family residences. Mr. Luke replied that these would not fall into the "direct cost" category, however, some small multi-family projects would. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter to adopt Resolution No. 25-92 modifying fees to be CCO3/1O/92 Page 7 charged for engineering services; motion carried 3: 1 with Councilman Nimmo voting in opposition. D. REGULAR BUSINESS: 1. TENTATIVE PARCEL MAP 91-009, 9300 CORRIENTE - FINDINGS FOR DENIAL OF PROPOSED DIVISION OF 8.21 ACRE PARCEL INTO TWO 4.1 ACRE LOTS (Young/Cuesta Engineering) (Cont'd from 2/11 and 2/25/92) Mayor Shiers announced that the public hearing had been closed on this matter and the Council would not be taking any further public testimony. Henry Engen provided the background and Findings for Denial. The City Attorney referred to a letter to the Council received earlier in the day from John W. Belsher of Sinsheimer, Schiebelhut & Baggett, law firm representing the applicants, Andrew and Traci Young. He advised the Council that the letter should not be considered in their decision because it was not received in context of the hearing. He reported that he had spoken at length with Mr. Belsher earlier in the day and noted he was present. Mr. Montandon explained that the attorney wanted to state his objection for not being able to speak to the issue and had agreed not to debate the Findings for Denial. Public Comment: John Belsher, attorney speaking on behalf of the Youngs, indicated that he objected to the City' s position that there should not be any comment allowed with respect to the proposed Findings. He remarked that the Findings had been drafted after the fact and were not before the Council during the public hearing. Continuing, the attorney contended that the letter delivered to the Council did not contain any new evidence, but simply challenged the sufficiency and accuracy of the Findings. Mr. Belsher stated that Brown Act gives anyone the right to speak to any item on the agenda. In conclu- sion, he said the Council should be concerned about fairness and the legal sufficiency of the Findings. Mr. Montandon acknowledged the he fact that the Brown Act provides that an person can speak on Y P p an item on the agenda, but indicated Y g , that to allow testimony now on this item would contradict the integrity of the public hearing because others affected would not have the opportunity to speak or rebut evidence. He added that to allow evidence outside of the context of the hearing could violate those affected b the decisions 's due Y u process in that proceeding. He noted that, in his opinion,n, the due process right outweighs the provisions of the he Brown Act and as such advised that no further evidence be accepted. CC03/10/92 Page 8 Councilman Nimmo remarked that the applicants had met all the requirements of the City and had gotten a positive response from staff based on facts. He stated that the Council, on a 4: 1 vote, had then instructed staff to come back with Findings for Denial. This action, he asserted, destroys public confidence in the City Council. Mayor Shiers, commented that the public hearing had been held and the Council had not disregarded facts. MOTION: By Councilwoman Borgeson, seconded by Mayor Shiers to adopt the Findings for Denial of proposed Tentative Parcel Map 91-009 at 9300 Corriente Road; motion passed 3:1 with Councilman Nimmo opposed. 2. ECONOMIC ROUND TABLE - REPORT TO THE CITY COUNCIL/REQUEST FOR ENDORSEMENT OF STATUS REPORT AND RECOMMENDATIONS By consensus, this item was continued until a full Council could be present. Mayor Shiers called a recess at 8:45 p.m. At 9:05 p.m. , the meeting was reconvened. 3. RESOLUTION NO. 26-92 - ADOPTING ENGINEERING STANDARDS (Cont'd from 12/10/91) Greg Luke introduced Steve Sylvester of North Coast Engineering who presented the final edition of the Engineering Department Standard Specifications and Drawings. He reported that comments had been received and incorporated into the final draft where appropriate. He thanked the Public Works Director and staff members Kathy Stewart and Mark Markwort, John Falkenstien of Cuesta Engineering and the San Luis Obispo County Engineering Department. There were no comments from the public. Individual councilmembers praised the work and final product. MOTION: By Councilman Nimmo, seconded by Mayor Shiers to adopt Resolution No. 26-92 establishing uniform Engineering Standards throughout the City of Atascadero; motion carried 4:0 by roll call vote. 4. SANTA ROSA/LAKEVIEW SEWER - AUTHORIZATION TO PROCEED Greg Luke provided the staff report and recommendation to approve funding of the construction of a Wastewater Collection System for Cease and Desist Area "F" . He mentioned that former Council action had been to direct staff to develop a conceptual plan for the CC03/10/92 Page 9 Council' s final concurrence. He highlighted the repayment method and noted that staff would be coming back with a repayment agreement for approval. Council questions followed. Mr. Luke confirmed that the sewer would serve twenty-six lots, including the two on Santa Rosa that are City-owned. He clarified that staff would eventually come back with a plan for Cease &Desist Areas "I" and "G", confirming that only when those areas are completed will the City meet mandates imposed by the Regional Water Quality Control Board. Discussion ensued regarding the two City-owned lots on Santa Rosa, near the Lake. Mr. Luke reported that by sewering the lots, it would make them more valuable. He explained that the Assistant City Attorney' s completed research had revealed that deed restrictions limit the trade of the properties for other property around the Lake Park. If conditions are not followed he added, the lots would then resort back to the County ownership. The City Manager pointed out that disposal can be only based upon the City's need for, or ability to, acquire other property adjacent to the Park. The Public Works Director answered additional questions about Areas "G" and "I" . Mr. Engen also noted that, up until the new General Plan was adopted, there had been a land use conflict with the Regional Water Quality Control Board. This, P he reported, had been taken care of. Public Comment: Mike Messer, 7305 San Gabriel, spoke in support of the recommen- dation and indicated that he wouldP c artii ate in the cost. P ----End of Public Testimony---- Councilwoman Borgeson indicated that she hoped the City would start with improvements to Area "G" because it would be less expensive. She voiced objection to sewering the two City-owned lots because she did not believe the City should either sell or trade the lots. She mentioned a citizen initiative that had been started by repre- sentatives from the local American Association of University Women (AAUW) asking that the Council leave certain City-owned lots in Open Space. The group was told, she reported, that this matter would be taken care of in the General Plan. Mr. Windsor interjected that the matter had been referred to staff and would be factored into the April sequence of General Plan amendments. He clarified that the issue had involved the lots adjacent to the lake and not the two lots on Santa Rosa based upon previous Council discussion and direction. CC03/10/92 Page 10 Councilman Nimmo observed that it would be hard to sewer the area without also doing the two City-owned lots on Santa Rosa. The City, he continued, may want to use the lots in the future for recreational purposes and may need additional public restrooms at that location. Mayor Shiers indicated that he shared Councilwoman Borgeson's view that the City should keep the lots for the public' s use and not dispose of them. He noted that he did, however, support the recommendation to sewer the lots. Councilman Dexter agreed. Councilwoman Borgeson shared concern that future Council' s may see the sewering of the lots as an incentive to sell. The City Manager proposed, if it is the desire of the Council, that the two lots be designated as Open Space in the first cycle of the General Plan amendments. By consensus, Council directed staff to include the two City-owned lots on Santa Rosa in the first cycle of General Plan amendments for designation as Open Space. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to approve funding for the construction of a Wastewater Collection system for Cease and Desist Area "F"; motion carried 4:0 by roll call vote. 5. GENERAL PLAN CONFORMITY REPORT - STATE WATER PROJECT, NORTH COUNTY EXTENSION Henry Engen provided background and introduced George Gibson, Hydraulic Engineer for San Luis Obispo County. Mr. Gibson explained that although the "State Water" project is controversial, the Council was only being asked to determine whether or not the underground pipeline to carry the water (no matter what the source) would be consistent with the City' s General Plan. He mentioned that the Final Environmental Impact Report (EIR) had become available just that day and it was currently being distributed. He added that the County Board of Supervisors would make the final determination on the project. Councilwoman Borgeson shared concern about a buried pipeline next to the railroad tracks. In addition, she indicated that she felt rushed and would be more comfortable waiting until the Council had a chance to review the EIR. Mr. Gibson reported that the County Engineering Department felt it necessary to have a conformity report from the City before the Board begins its' hearings later in the month. Councilman Nimmo stated he had a problem with okaying the pipeline in any zone in any part of the City because he, too, felt rushed. CCO3/1O/92 Page 11 Public Comments: Eric Greening, 7365 Valle, urged the Council to table the matter until the EIR was available and has been properly evaluated. ----End of Public Testimony---- Councilwoman Borgeson declared that she could not make a General Plan conformity finding without benefit of an EIR. Mayor Shiers concurred. MOTION: By Councilwoman Borgeson, seconded by Mayor Shiers that the Council find that there is not General Plan conformity findings that can be found for the North County Extension of the Coastal Branch of the State Water Project. I Discussion on the motion: Councilman Nimmo suggested that the matter simply be deferred. The City Manager advised that Council delay action until it has had an opportunity to review the EIR. Vote on the motion: 2:2 (Councilmembers Dexter and Nimmo opposed) . MOTION: By Councilman Dexter, seconded by Councilman Nimmo to postpone the item until the Council has had an opportunity to review the EIR and established criteria; motion carried 3: 1* (with Councilwoman Borgeson voting in opposition) . Discussion: Councilwoman Borgeson mentioned that the Board of Supervisors would be looking at this matter on March 25, 1992. Brief discussion ensued. Mr. Windsor indicated that as soon as the City receives the EIR, it would be distributed to Council. *Councilwoman Borgeson stated she had reconsidered her vote on the previous motion and changed it to a "yes" . The matter will be back to the full Council on April 14, 1992. ---At 10: 00 p.m. Councilwoman Borgeson asked to be excused.-- 6. ORDINANCE NO. 240 - AMENDING MAP 4 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 2100 EL CAMINO REAL FROM CN to CPK (PD1) (Commercial Park Planned Development No. 1) (Zone Change 09-91 - Camino Real Fashion Outlet/Golden West) (Recommend motion to waive reading in full and adopt on second CC03/10/92 Page 12 reading, by title only) (Cont'd from 2/25/92) MOTION: By Councilman Dexter, seconded by Councilman Nimmo to adopt Ordinance No. 240 on second reading; motion carried 3:0 7. ORDINANCE NO. 238 - AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ATASCADERO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (Recommend motion to waive reading in full and approve on second reading, by title only.) (Cont'd from 2/11/92) MOTION: By Councilman Dexter, seconded by Councilman Nimmo to adopt Ordinance No. 238 on second reading; motion carried 3:0 8. REQUEST FOR NUISANCE ABATEMENT HEARING The City Manager provided background and the current status on a complaint regarding excessive noise. He asked Council agree to hold a nuisance abatement hearing on April 28, 1992. He mentioned that if the nuisance is abated in the meantime, the hearing will be deleted. Public Comments: Russ Kolemaine, 4580 Potrero Road, asked staff how the time line for the hearing would overlap with the proposed revisions to the Noise Ordinance. Mr. Engen replied that the Planning Commission would hold a public hearing on the matter on March 17, 1992. ----End of Public Testimony---- There was consensus to place the nuisance abatement hearing on the agenda for the April 28, 1992 meeting. 9. LETTER FROM BOARD OF SUPERVISORS RE: JOINT MEETINGS The City Manager referred to a letter dated February 24, 1992 from Laurence Laurent, Chairman of the County of Board of Supervisors thanking the Council for attending a joint meeting of city councils and the Board. Mr. Windsor mentioned that Mr. Laurent suggests that a steering committee be formulated to keep discussions on- going. Following brief discussion, Council agreed that it was their desire to continue dialogue through the Mayors/Managers meetings. CC03/10/92 Page 13 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Shiers mentioned that he would absent during the next regular meeting. etin . 2. City Clerk The City Clerk reported that she had received response from several members of the pdblic to advertisements soliciting interest in serving on the City's Traffic Committee and the newly-formed Board of Directors for the Atascadero Community Services Foundation, Inc. She suggested that Council agree to meet in an early session for interviews prior to the next meeting. Mr. Windsor recommended waiting until the 14th April for a full Council. THERE BEING NO FURTHER BUSINESS, IT WAS MOVED, SECONDED AND CARRIED TO ADJOURN THE MEETING AT 10:10 P.M. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE ON TUESDAY, MARCH 28, 1992 AT 7:00 P.M. MINUT S RECORDED AND PREPARED BY: LEE RABOIN, Cit Clerk CC03/10/92 Page 14 Agenda Item: B-3 Meeting Date: 4/14/92 ATASCADERO CITY COUNCIL MARCH 24, 1992 MINUTES Robert Nimmo, Mayor ProTem, called the meeting to order at 7:00 p.m. Councilperson Dexter led the Pledge of Allegiance. ROLL CALL- Present: Councilmembers Borgeson, Dexter, Lilley (7:05 p.m. ) and Mayor ProTem Nimmo Absent: Mayor Shiers Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative . Services Director; Greg Luke, Public Works Director and Lt. Bill Watton, Police Department Presentation: California Parks & Recreation Society Agency Show- case Award (Parks & Recreation Commission) Tom Bench, Chairman of the Parks & Recreation Commission, presented to the Council the Showcase Award received for the City' s Atascadero Lake Park/Charles Paddock Zoo Brochure. COMMUNITY FORUM: Barbara MacGregor, Executive Director of the North County's Womens' Shelter, requested Council approval of a grant application, under the 1992 Federal Emergency Shelter Grant Program, for the North County Womens ' Shelter. She indicated that application criteria called for formal approval by the local jurisdiction and reported that the application needed to be submitted right away. City Attorney, Art Montandon, advised the Council that if they believed the need for action had arose within the last seventy-two hours, it could place the matter on the agenda with a unanimous • CCO3/24/92 Page 1 000054 vote. MOTION: By Councilman Dexter, seconded by Councilman Lilley to • place the matter on the agenda as an urgency item; motion carried 4:0. Mayor ProTem Nimmo stated that the matter would be the first under Regular Business. Howard Marohn, 9265 Barranco Heights, complimented the Council and staff for the planning, construction and dedication of the Lake Park Pavilion. A Council candidate, Mr. Marohn also suggested that staff provide an orientation and tour of facilities for the three new councilmembers elected at the June election. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows) : 1. S.L.O. Area Coordinating Council/North Coastal Transit - Councilwoman Borgeson reported that SLOACC had met in special session on March 18, 1992 to revise its 1991-92 Priorities and Overall Work Program and approve the 1991- 92 Solid Waste Management Budget Amendment and Source Reduction and Recycling Elements. She reported that the North Coastal Transit Authority had discussed and were considering a different meeting time to allow more adequate time and attention to the agenda. 2. Solid/Hazardous Waste Management Committee - Mayor ProTem Nimmo reported that the committee had met on March 5th and received a recommendation to hire an additional County employee to provide education and raise public awareness about AB939 and solid waste issues. He indicated that he was in support of the concept but had voiced opposition to hiring a permanent employee and had suggested that the position be a contract one. 3. Economic Opportunity Commission - Councilman Dexter reported that the next meeting was tentatively set for either April 16th or April 23rd. He noted that the major concern is currently with developing a regional program for the homeless and explained that he had participated in a meeting hosted by Supervisor Blakely regarding this issue. 4. City/School Committee - Councilman Dexter mentioned that the next meeting would be on April 23, 1992. 5. Traffic Committee - Councilman Dexter announced that the committee had referred three items for formal action (see Consent Calendar Items #B-7, 8 and 9) . CC03/24/92 Page 2 • !, 0000: 5 . 6. County Water Advisory Board - Councilwoman Borgeson reported that Board of Supervisors would be discussing "State Water" on March 25, 1992 and urged all to give input. She noted that Atascadero Mutual Water Company will have the ultimate decision about whether or not Atascadero will subscribe. 7 . Economic Round Table - The City Manager reported that the Round Table met on March 18, 1992. He explained that the City Council would receive a formal status report on April 14, 1992. 8. Colony Roads Committee - Mr. Windsor indicated that this committee would have a report on April 14, 1992. B. CONSENT CALENDAR: The Mayor ProTem read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - JANUARY 28 (Cont'd from 3/10/92) & FEBRUARY 11, 1992 2. TENTATIVE PARCEL MAP 92-001, 9025 LA PAZ - Request to divide a 10.51 acre lot into three parcels of 3.01, 3.21 and 4.29 acres each for single family residential use (Burton/Stewart) 3. CONSOLIDATED TREASURER'S REPORT - FEBRUARY, 1992 4. INTERVIEWS FOR TRAFFIC COMMITTEE AND ATASCADERO COMMUNITY SERVICES FOUNDATION BOARD OF DIRECTORS (6 p.m. , 4/14/92) 5. LAS ENCINAS I - REQUEST AUTHORIZATION FOR PRELIMINARY ENGI- NEERING STUDY FOR THE FORMATION OF AN ASSESSMENT DISTRICT 6. RESOLUTION NO. 31-92 - APPROVING SUPPORT FOR SAN LUIS OBISPO COUNTY HEALTH DEPARTMENT REDESIGNATION AS THE LOCAL ENFORCEMENT AGENCY, PURSUANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 7 . RESOLUTION NO. 28-92 - DESIGNATING A STOP INTERSECTION ON CAYUCOS AVENUE AT LOBOS AVENUE 8. RESOLUTION NO. 29-92 - DESIGNATING A STOP INTERSECTION ON SAN BENITO AVENUE AT DEL RIO ROAD 9. RESOLUTION NO. 30-92 - DESIGNATING A STOP INTERSECTION ON MONTECITO AVENUE AT EAST FRONT ROAD Councilwoman Borgeson pulled item #B-8 for discussion. The City CC03/24/92 Page 3 000056 Treasurer pulled item #B-3 for a correction. MOTION: By Councilman Lilley, seconded by Councilman Dexter to approve the Consent Calendar, less items #B-3 and #B-8; motion carried 4:0 by roll call vote. Re: Item #3. CONSOLIDATED TREASURER'S REPORT - FEBRUARY, 1992 Micki Korba provided corrections to the Treasurer's certification. MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson to approve Consent Calendar item #B-3, as amended; motion carried unanimously. Re: Item #8. RESOLUTION NO. 29-92 - DESIGNATING A STOP INTERSECTION ON SAN BENITO AVENUE AT DEL RIO ROAD Councilwoman Borgeson indicated that she had some concerns about polluting emissions from school buses and cement trucks at the intersection. She asked the Public Works Director whether or not school buses would, in fact, be using this route. Mr. Luke responded by explaining that the matter had come before the Traffic Committee as a request from Dr. Avina, Atascadero School District Superintendent. The committee, he continued, agreed that a traffic study was warranted for the area but recognized that the stop is immediately necessary at the intersection. He added that the School District has agreed to conducting the study and urged the Council to go ahead with the four-way stop. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter to approve Resolution No. 29-92; motion unanimously passed. C. HEARINGS: None scheduled. D. REGULAR BUSINESS• SPECIAL ADDED ITEM - NORTH COUNTY WOMENSI SHELTER GRANT APPLICATION Barbara MacGregor submitted a breakdown of how grant funds would be used, if approved (See Exhibit A) . Mayor ProTem Nimmo asked her if the City would be obligated financially in any way by giving approval for the grant application. Ms. MacGregor indicated that it would not. MOTION: By Councilman Lilley, seconded by Councilman Dexter to approve Resolution No. 32-92; motion carried 4:0 by roll call vote. CCO3f24/92 Page 4 00005'7 1. DOWNTOWN CAPITAL IMPROVEMENT PROJECT MODIFICATION (Streets,_ drainage, sidewalks, et al) Greg Luke provided the staff report recommending that the Council approve a comprehensive Downtown Street Improvement Program. If approved, funds would be transferred from the Gas Tax Fund. In addition, the Public Works Director suggested postponing a demon- stration project recently approved for the intersection at Entrada and Palma Avenues because the downtown area is in need of drainage and street improvements. Ray Windsor, City Manager, added that costs for the demonstration project have grown and suggested that it be set aside in order to do the drainage project in the downtown. Councilman Dexter voiced support. Councilwoman Borgeson indicated that she had not voted for the demonstration project in the first place and was very much in favor of completing the necessary improvements. Councilman Lilley concurred with the recommendation. There were no comments from the public. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to augment the budget of $100,000 to $300,000 for Downtown Street Overlay and to hold the demonstration project in abeyance until some future date; motion carried 4:0 by roll call vote. 2. REQUEST TO HOLD CARNIVAL AT PALOMA CREEK PARK, 416-4/19/92 (B&B Amusements) Andy Takata, Director of Community Services, provided the staff report. He introduced Shawn Merten, of B&B Amusements, who spoke in support of the request. Mr. Merten suggested that the City give consideration to holding a carnival each year as an annual community fund-raiser. He outlined a smaller-scaled event for the current year and stated that he wanted to prove to the City that B&B can do a good job. Councilman Dexter referred to a letter dated March 23, 1992 to the City Council from pastors of three area churches , who expressed opposition to carnival. The concerns, he reported, were about damage to the park, inadequate parking and the fact that the dates chosen would fall during Holy Week. He suggested that staff look at other sites that would present less problems. Mr. Merten responded to Councilman Dexter's concerns. He advised that B&B Amusements have never had any difficulties in other parks and added that they carry general liability and property damage . CC03/24/92 Page 5 00008 insurance. He emphasized that the company preferred a city park atmosphere and wanted to offer a quality event. Mr. Merten addressed the issue of parking and suggested that arrangements could be made for off-site parking with a shuttle service. In addition, B&B' s representative, mentioned that each year a carnival is held somewhere during Easter Week and provides organized entertainment for children during the school break. He reported that the carnival would open later on Easter Sunday. Public Comment: Eric Greening, 7365 Valle, asked if there was a noticing require- ment if an alternative site was chosen. Henry Engen reported that temporary events are allowed in all zones and are subject to site planning and do not require advanced public notice. ---End of Public Testimony--- Mayor ProTem Nimmo stated that he believed the carnival needed more coordination and planning. He suggested that the City not commit to the event this year, but rather look to 1993. Councilwoman Borgeson referred to the Minutes of the February 10, 1992 meeting of the Parks & Recreation Commission. She indicated support for their consensus to wait until next year. Councilman Lilley encouraged Mr. Merten and B&B Amusements to work with the City for the future because it would benefit the community. Councilman Dexter concurred. By consensus, staff was directed to continue working with Mr. Merten and B&B Amusements with a view toward working out a solution for 1993. 3. ORDINANCE NO. 241 - AMENDING THE OFFICIAL ZONING MAPS TO CON- FORM WITH THE LAND USE MAP OF THE REVISED GENERAL PLAN (ZC 01- 92, City of Atascadero) (Recommend motion to waive reading in full and adopt on second reading, by title only) (Cont'd from 3/10/92) MOTION: By Councilman Dexter, seconded by Councilman Lilley to approve and adopt Ordinance No. 241 on second reading; motion carried 4:0 by roll call vote. 4. COUNCIL POLICY REGARDING REQUESTS FOR LEGAL OPINIONS - REQUEST HOLD FOR FULL COUNCIL (April 14th) (Verbal) The City Manager reported that this item had been scheduled at the request of Councilman Lilley. Due to the mayor's absence, Mr. Windsor requested that the matter be held for a full Council. CCO3/24/92 Page 6 000059t MOTION: By Councilman Lilley, seconded by Councilman Dexter to continue the matter until April 14, 1992; motion unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Lilley commended Ray Windsor, Andy Takata and members of staff for the dedication ceremonies and activities at the Lake Park Pavilion. The Council applauded staff. 2. City Manager Mr. Windsor extended an apology to Art Montandon because his name had been left off the program for the Pavilion Grand Opening. He explained that the City Attorney had donated his time to put together the non-profit status of the Friends of the Lake Pavilion, participated in fund-raising efforts and worked along with other department heads to make the Pavilion a reality. THE MEETING WAS ADJOURNED AT 7:55 P.M. THE NEXT MEETING WILL BE ON TUESDAY, APRIL 14, 1992. THE CITY COUNCIL WILL MEET AT 6:00 P.M. FOR THE PURPOSE OF INTERVIEWING APPLICANTS TO THE CITY'S TRAFFIC COMMITTEE AND ATASCADERO COMMUNITY SERVICES FOUNDATION BOARD OF DIRECTORS PRIOR TO THE REGULAR MEETING. SAID INTERVIEWS ARE OPEN TO THE PUBLIC. MINUTES ORDED AND PREPARED BY: LEE IN, City lerk Attachment: Exhibit A (North County Womens' Shelter) CC03/24/92 Page 7 0kjU060 NORTH COUNTY WOMENS' SHELTER CC3/24/92 EXHIBIT A 1992 FEDERAL EMERGENCY SHELTER GRANT PROGRAM TOTAL GRANT REQUEST: $58,220 Essential services Counseling & supervision 10,500 Transportation 1,2-00 Operating costs Rent 25,000 Liability insurance 3,000 Utilities 5,000 Food 5,000 _Maintenance 1,700 Linens 400 Homeless prevention Rent 5,000 Administration 1,420 U v ki REPORT TO CITY COUNCIL Meeting Date: 4/14/92- CITY OF ATASCADERO Agenda Item # B-4 Through: Ray Windsor, City Manager From Lee Raboin, City Clerk SUBJECT: Alternative methods for publishing City ordinances. RECOMMENDATION• Adopt Resolution No. 33-92 designating the City Clerk as the official responsible for preparing and publishing summaries of City ordinances. BACKGROUND: Each and every ordinance passed by the City Council must be published in the local newspaper once within fifteen days of its ' adoption. A single publication will cost the City a minimum of $60.00 and the cost rises if the ordinance is longer than two or three pages. Recently, the City paid over $1,200 for publishing a twenty-three page ordinance. The Government Code allows the City Clerk, on behalf of the City Council, to publish a synopsis of a proposed ordinance or proposed amendment to an ordinance. The summary is published in the newspaper after it has been introduced and at least five (5) days prior to City Council adoption on second reading. In addition, a certified copy of the full text is posted in the office of the City Clerk for interested citizens to read and respond to. The summary is published again within fifteen (15) days after adoption with the Council Members' vote added. The ordinance effective date is still thirty (30) days after passage. FISCAL ANALYSIS• Costs can be cut considerably if the alternative publication methods are implemented when an ordinance exceeds two pages. Attachments: Resolution No. 33-92 Sample Synopsis • 000062 RESOLUTION NO. 33-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • ATASCADERO, CALIFORNIA, RELATIVE TO PUBLICATION OF CITY ORDINANCES WHEREAS, Government Code Section 36933 provides for alternative methods of publishing city ordinances; and WHEREAS, the alternative methods provide more flexibility to the City and will result in a savings in publication costs; and WHEREAS, the law requires the City Council to designate a City official to make the decision as to which alternative is appropriate and to carry .out that decision. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. As required by subsection c(1) and c(2) of Section 36933 of the California Government Code, the City Council designates the City Clerk as the official responsible for preparing and publishing summaries of proposed ordinances or proposed amendments to existing ordinances. SECTION 2. A summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the office of the City Clerk at least five (5) days (or such other time as is permitted or required by Section 36933 of the Government Code) prior to the City Council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within fifteen ( 15) days (or such other time as is permitted or required by Section 36933 of the Government Code) after adoption of the ordinance or amendment, the City Council shall publish a summary of the ordinance or amendment and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of such adopted ordinance or amendment, along with the names of those City Council members voting for and against the ordinance or amendment. SECTION 3. If the City Clerk determines that it is not feasible to prepare a fair and adequate summary of the proposed or adopted ordinance or amendment, a display advertisement of at least one-quarter page in a newspaper of general circulation in the City shall be published at least five (5) days (or such other time as is permitted or required by Section 36933 of the Government Code) prior to the City Council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within fifteen ( 15) days (or such other time as is permitted or required by Section 36933 of the Government Code) after adoption of the ordinance or amendment, a display advertisement of at least one- 000063 Resolution No. 33-92 Page Two quarter page shall be published. The advertisement shall indicate the general nature of and provide information about, the proposed or adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of such ordinance or amendment. SECTION 4. The provisions of this resolution are alternatives to the publication provisions of subsection (a) of Section 36933 of the Government Code. The alternatives may be employed at the discretion of the City Clerk or the City Council. On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO LEE RABOIN, Cit Clerk By. Y ALDEN SHIERS, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000064 Sample for Synopsis of an Ordinance_ ORDINANCE (Title of Ordinance) On , the Atascadero City Council voted to introduce an Ordinance which establishes. . . (brief explanation, one sentence) The primary provision(s) of the Ordinance is(are) as follows: (briefly list provision(s) of the Ordinance) The City Council must vote again to approve the Ordinance before it can take effect. That action is tentatively scheduled for at a regular meeting to begin at 7:00 p.m. in the Rotunda on the fourth floor of the City Administration Building, 6500 Palma Avenue, Atascadero. Copies of the complete Ordinance are available in the City Clerk' s Office, Room 208 of the City Administration Building, 6500 Palma Avenue, Atascadero. For more information contact the Department at 461- LEE RABOIN, City Clerk UUUU��;� REPORT TO CITY COUNCIL Agenda Item: B-5 CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 4/14/92 From: Mark Joseph, Administrative Services Director �fA SUBJECT: Opposing new State Mandates -- Requiring Proof of Worker's Compensation Insurance. RECOMMENDATION: Council adoption of Resolution 34-92, opposing AB 1576, which obligates the City to require proof of worker' s compensation insurance prior to issuing a business license. BACKGROUND: The State recently passed AB 1576, which requires Cities to be responsible for assuring local businesses have proof of worker's compensation insurance. Absent such proof, the City could not issue a business license or renew an existing one. A copy of the State notice is attached. This new law poses a number of problems for the City. First, it represents more governmental regulation of small businesses at a time when even the Governor acknowledges less red tape is in order. Second, it transfers liability from the State to the City, in the event a local business is uninsured and an accident occurs. Third, it is an administrative burden on staff at a time when we are experiencing an acute budgetary shortfall. Specifically, we will need to prepare and distribute new paperwork, set up tracking systems to determine compliance, purchase filing cabinets to store the certificates, and so on. Fourth, to the extent the State has determined it is not a reimbursable mandate (under SB 90) , it is strictly a local expense. Fifth, to the extent that a local business merchant is otherwise eligible for a license, the failure to show proof of insurance only delays issuing the license, resulting in lost revenues for the City. Adoption of Resolution 34-92 (originally prepared by the City of Blythe) will allow us the ability to formally register our opposition to the new law. FISCAL IMPACT Adoption of the resolution will have no negative fiscal impact. 000066 RESOLUTION NO. 34-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO OPPOSING THE REQUIREMENT THAT LOCAL AGENCIES PERFORM THE POLICING DUTIES OF THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS WHEREAS, the City Council of the City of Atascadero agrees that all employers should provide workers compensation insurance; and WHEREAS, the State Department of Industrial Relations is the appropriate agency to verify compliance with the law in this regards; and WHEREAS, Licensing agencies within the State of California are now required, under AB1576, to obtain Certificates of Insurance on all businesses licensed within their jurisdiction but not all businesses in the State obtain a business license, being exempted by various laws, and some local jurisdictions do not impose license fees; and WHEREAS, the laws that require local agencies to obtain proof of workers compensation have now made local agencies liable for ALL INDUSTRIAL INJURIES TO ALL WORKERS within their jurisdiction; and WHEREAS, this law has increased the cost to local agencies significantly and the State has determined that it is not required to reimburse local agencies for this mandated increased cost, including the cost of any litigation for which the agency is now held liable, and WHEREAS, this law is an unjust, costly, imposition placed on local agencies by the State thereby reducing the States liability, passing its responsibility on to local agencies at a time when local agencies are reducing staff and experiencing revenue shortfalls, and increased expenses, some of which are due to State legislation, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATASCADERO, that it opposes this legislation and urges all business licensing agencies to pass resolutions recommending the repeal of AB1576 as it relates to local responsibility to enforce the State Department of Industrial Relations' obligations. UU00tr"1 On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ALDEN F. SHIERS, MAYOR ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON City Attorney �livl,i,ito . REPORT TO CITY COUNCIL CITY OF ATASCADERO ITSK: B-6 Through: Ray Windsor, City Manager Mtg. Date: 4/14/92 From: Henry Engen, Community Dev. Director le File No: GPCR 92-01 SUBJECT: Requested General Plan conformity findings for the North County Extension of the Coastal Branch of the State Water Project (con- tinued from 3/10/92 meeting) . RECOMMENDATION: While formal response on this issue is essentially moot, staff recommends forwarding the attached draft letter relative to the need for more detailed environmental mitigation measures should the North County Branch of the State Water Project pass through Atasca- dero along the alignment proposed. BACKGROUND: On March 10, 1992, the City Council reviewed this issue (see attached staff report) and continued the matter to allow for receipt of the Environmental Impact Report on the North County Branch. Upon receipt, these two documents were made available at the Council's reading desk for review. The level of detail provided for in the EIR is not location specific (the attached excerpt pertaining to the City Land Use Policies is illustrative) . In addition, since the location of such a line would be conditioned on the Atascadero Mutual Water Company and/or Templeton Unified Services District contracting for water, the probability of this project is problematic at this point. Were the Templeton Services District to reject State Water, the general alignment proposed would be largely unnecessary and, it is possible that the water line would not pass through the City. GENERAL PLAN CONFORMITY VS. ENVIRONMENTAL IMPACTS: Clearly, the City's General Plan recites the fact that the State Water Project is one of several possible sources that may be pursued for additional water resource development by the Atascadero Mutual Water Company. However, should that course be chosen by the Water Company, the specific pipeline alignment would need to receive more detailed review and refinement to conform with the City's General Plan policies relative to environmental protection. • HE:ps 000069 Enclosures: Draft Letter: County Engineer State Water Project Coastal Branch (Phase II) Local • Distribution Lines and Facilities Final Environmental Impact Report Excerpt Staff Report - 3/10/92 • 0000'70 April 15, 1992 Mr. Clinton Milne County Engineer San Luis Obispo County Engineering Department County Government Center, Room 207 San Luis Obispo, CA 93408 SUBJECT: General Plan Conformity Report: Proposed North County Coastal Branch, State Water -Project Dear Clint: At their April 14th meeting, the City Council continued consideration of your request for a General Plan conformity report (see attached staff report) . Action of the Council was to confirm that consideration of State Water as a supplementary source for the community is consistent with the General Plan at the discretion of the Atascadero Mutual Water Company. However, in the event that a pipeline alignment as proposed through the City were to materialize, the City would re- quire more detailed plans with the objective of effectively mitigating environmental impacts that are identified. Sincerely, Ray Windsor City Manager RW:HE:ps Enclosure: April 14, 1992 Staff Report 000071 �i�0✓��.— �oA_ ological-and arc aeo ogical resources suggested in the EIR inc u es an onsi r onstruction monitoring program Most of the significant impacts can be gene y 101 h er'zed as short-term, since they are associated with the construction phase the oject. a long-term operational impacts of the project involve the Water Trea t Plant at Polonio ass and the two hydroelectric facilities. These permanent a e-ground acilities wo require a determination of conformity with the General Plan the County Planning Co "on. .11.2.2 Shandon- arrizo Planning Area Much of the northeastern on of the community of Shando is located within the Flood Hazard (FH) Combining Desi ation of the Shandon- Planning Area. It appears that the Shandon pipeline may artially constructed thin the flood plain of San Juan ek. Mitigations contained in S tion 4.2 (Water esources) would make the project consistent with the intent of the FH mbining signation. Table 4.11-1 shows the levant land use issues affecting the Sh n P ning Area. .11.2.3 Salinas River Planning A The North County pipeline would s in proximi to the Salinas River, Yerba Buena Creek, and Santa Margarita Cre , all of which are esignated with a Flood Hazard ,ombming Designation. Ma vegetation extends wi these watercourses, and tree rotection mitigation mea s to preserve native trees, ch as oaks, willows, and ycamores, may be neces Such mitigations are described the biological resources j ection of the EIR(S 'on 4.4). Mitigations would also be requir to address impacts to r ultural resources, cultural resources, water resources (flooding), d traffic impacts. Sable 4.11-2 di s ys the relevant policies for the Salinas River plan ' area. Pipeline onstruction ' ood prone areas has the potential to increase backwater ooding if the ipeline ex nds above ground where it could obstruct debris, thus caus water to aPkup. urying the pipeline at a sufficient depth to avoid scour should min .ze this tcn and make the project potentially consistent with FH policies. Near Yerb uena r , the pipeline would be buried within the ROW of El Camino Real, thus avoi 'ng . rference with the creek. 4,11,2.4 City of Atascadero The North County pipeline also passes through the City of Atascadero. A matrix showing the potential consistency or inconsistency of the proposed project with City policies is provided in Table 4.11-3. All policy references are from the Atascadero General Plan. Land Uwe Policy 6: High priority is placed upon public and private open space as a land use element. This includes the protection and preservation of scenic areas, watercourses, hazard lands, hilltops, etc. that add much to the quality of the rural atmosphere in Ata-xadero. Comment: Since the proposed pipeline would be buried or attached to existing bridges, no substantial long-term visual impact is expected to occur. Therefore, the project is potentially consistent with this policy. Land Use Policy 12: A program shall be developed to encourage the preservation of trees, watersheds, and natural slopes and other natural amenities from abuse and destruction resulting from poor design and development practices. 0000'72 4.11-24 W c U ° , � 212 _o .0 0 0 o o C �o RX z y H � oV ESO 5 � o c0 _ '•cav, � .c `+ � a baR •�+ U U ° V o 4-4 zw U RE2 Nc , 0 SE cc .C" Zca Eli � Gy W � � 3 y N � 6> Q Q n � m ��•° N � �Q Gn ea3U E zO�v' 85 z u b O Z 0 e� cn E V l [�1 aw :3 Z � c �o z 0 z o L a g o� v A � e WD U 0000 73 4.11-ZS ro nment: With mitigations described in the biological resources section of the EJR, the project would be potentially consistent with a tree preservation program. Qpen Space Princigles Policy 2: The long term protection of the environment shall be the guiding criterion in Atascadero public policy decisions. Open Space Principles Policy 3: Scenic and sensitive lands shall be protected from destruction,overuse, and misuse. Comment: The City of Atascadero would be responsible for permitting for the installation of the pipeline within city limits. Therefore, provisions to restore the ground to pre-construction conditions would be under the city's control. Mitigations to address the potential loss of native vegetation are contained in the biological resources section of the EIR. The project would be potentially consistent with the Open Space principles. Atascadero Creek bisects the community on a west-to-east line,running along the southern portion of the Central Business District and the administrative-civic center complex. Portions of the Creek Reserve already are in public ownership. Natural vegetation and scenic quality are abundant along both creeks. Creek Policy Proposal 4: Land disturbance shall be minimized within at least 50 feet of water courses, except for that maintenance such as brush clearing which shall protect adjacent properties from flood hazards. Other minor exceptions could be made for harvesting sand and gravel and for low intensity recreational uses, such as trails and picnic areas. Channelization of creeks with concrete shall be prohibited Comment: Land disturbance as a consequence of pipeline construction may occur when crossing streambeds. Mitigations to address vegetation loss and streambed damage would be necessary to make the project consistent with Creek Policy 4. Creek Policy Proposal_I The Salinas River and its watershed recharge at least some of the riverbed wellfields of the Atascadero Mutual Water Company. The unimpeded flow of the river and its tributaries must be assured. Agricultural and recreational land uses shah be maintained the full length of the river's flood plain as it passes through the Colony. Building permits shall be denied in the potential inundation areas. Comment: The proposed pipeline would not need a building permit. However, the city would require grading permits. Agricultural and recreational uses would not be altered as a consequence of the project. .5 Estero, Planning Area Table 4.11-4 i the land uses and potential policy issues wi stero Planning Area. These policies d uses apply to the majority o roposed Chorro Valley. Pipeline. The potential impac ' olve geologic sto address geology, seismicity, and soils within areas of GSA overly . 'ti ns are also necessary to address issues associated with visual,biological,cul ultural resources. 4.11.2.6- City of* Bay A ma wing the potential consistency or inconsistency of the propos ect with owing policies of the City of Morro Bay is provided in Table 4.11-5. 4.11-29 , 000074 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-5 Through: Ray Windsor, City Manager Mtg. Date: 3/10/92 From: Henry Engen, Community Dev. Dir. , File No: GPCR 92-01 SUBJECT: Requested General Plan Conformity Finding for the North County Extension of the Coastal Branch of the State Water Project. RECOMMENDATION: That the Council find the North County Extension of the Coastal Branch of the State Water Project to be in conformance with the Atascadero General Plan subject to the following considerations: 1. The specific route of the pipeline right-of-way should be subject to Planning Commission review and comment; and 2. Future beneficial use of the surface of the pipeline right-of- way should be subject to Planning Commission review and comment. BACKGROUND• On March 3, 1992, the Planning Commission conducted a public hearing on this subject. On a 3:2:2 vote (Commissioner Waage and Chairperson Luna dissenting, and Commissioners Lochridge and Hanauer absent) , the Commission made the above recommendation. There was considerable discussion and debate on this subject. Both Chairperson Luna and Commissioner Waage expressed concern that without having had the opportunity to review the EIR on the project, how would they know if the mitigation measures are consistent with the General Plan; they did not have adequate information in which to make the necessary Finding. Commissioner Highland noted that this was an exercise in futility since the applicant, the San Luis Obispo Flood Control and Water Conservation District, had the authority to override any decision the Commission or Council were to make. George Gibson, Hydraulic Engineer for SLO County, asked the Commission to focus on whether the concept of a pipeline project is in conformance with the General Plan; that specifics of the project was not the issue of this hearing. Eric Greening provided a background on the process of the EIR on this project noting that a hearing for certification on the Final EIR is scheduled for the Board of Supervisors on March 25th. He urged that the matter be tabled until such time that full 0000,75 information on the EIR is made available to the Commission and Council. Fred Frank expressed concern that the Commission is being pressured into making a decision without knowing the facts on the EIR. He noted that the project will cost $2 million for Atascadero residents and asked how the project conforms to the General Plan. He asked several questions such as whether the project will promote the City's economic well being; will it promote stable growth; will it engender periodic water rationing; will the project offer less costly water, etc. Discussion revolved on the project versus the concept of a pipeline. Options offered the Commission included: approving staff recommendation; rejecting the recommendation; take no action; or table the matter due to lack of information. Comments were also expressed by Dorothy McNeil and Dale Cradduck in that this hearing represented the cart being put before the horse; the Commission should not make a decision without knowing all the pertinent information. Commissioners Highland, Kudlac and Johnson discussed their feelings that the issue the Commission was being asked to vote on only involved the concept of a pipeline project being in conformance with the General Plan. Overall, the Commission expressed serious reservations about the State Water Project itself. HE:ps Attachment: Staff Report dated March 3, 1992 0000'76 CITY OF ATASCADERO Item: B-4 STAFF REPORT FOR: Planning Commission Meeting Date: 3-3-92 BY:�iOSteven L. DeCamp, City Planner File No: GPCR 92-1 SUBJECT: Requested General Plan Conformity Finding for the North County Extension of the Coastal Branch of the State Water Project . RECOMMENDATION: Staff recommends that the Commission find the North County Extension of the Coastal Branch of the State Water Project to be in conformance with the Atascadero General Plan subject to the following considerations: 1 . The specific route of the pipeline right-of-way should be subject to Planning Commission review and comment; and 2 . Future beneficial use of the surface of the pipeline right-of-way should be subject to Planning Commission review and comment . SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .SLO County Flood Control and Water Conservation District 2 . Representative. . . . . . . . . . . . . . .Clint Milne, County Engineer 4 . General Plan Designation. . . . .Various 5 . Zoning District . . . . . . . . . . . . . .Various 8 . Environmental Status . . . . . . . . .EIR in process BACKGROUND: The California Government Code, in Section 65402 . (c) provides as follows : A local agency shall not acquire real property for any of the purposes specified in paragraph (a) [. . .street, square, park, or other public purpose. . .] nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan of part 0000'7'7 General Plan Conformity Report 2 RE: State Water Project March 3, 1992 thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure has been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city. The San Luis Obispo County Flood Control and Water Conservation District is a "local agency" as defined by the Government Code section quoted above. As such, they are required to seek a General Plan Conformity determination for the North County Extension of the Coastal Branch of the State Water Project for that portion of the project which is proposed to pass through the City of Atascadero. ANALYSIS: Attached to this report is a brief description of the proposed project (see Exhibit A) . The only reference to the State Water Project found in the City' s General Plan is located on page 18 of the Land Use Element . This reference simply indicates that the State Water Project may provide additional water supplies to meet the City' s growing needs . The proposed project is, therefore, in conformance with that General Plan reference. There are obviously significant environmental concerns relative to both the construction of the pipeline through Atascadero and the ultimate delivery of water through that pipeline. These concerns, however, should be addressed within the Draft Environmental Impact Report and are not germane to the current question of General Plan conformity. There are, however, questions regarding the acquisition and future use of the pipeline right-of-way which remain unanswered at this time. If the District is going to obtain the right-of- way in fee, appropriate future use of the surface should be assured (ie. , bicycle path, walking trail, etc. ) . If an easement only is to be obtained, future use of the surface may still be negotiable and should be considered. . 0000'78 General Plan Conformity Report 3 RE: State water Project March 3, 1992 CONCLUSIONS: The consideration of the conformity of the proposed pipeline route stops short of addressing the environmental consequences of pipeline construction. In addition, the much larger questions relative to the anticipated positive and/or negative affects of the availability of State water are not appropriately answered at this juncture. The proposed pipeline route does not contravene any General Plan policies . The construction of such a pipeline is, in fact, suggested by the General Plan reference noted earlier. The "Finding" of General Plan conformity must, however, be tempered with future consideration of the specific pipeline route right- of-way and future uses of that right-of-way. ATTACHMENTS : Exhibit A - Request for Conformity Finding 000079 ENGINEERINGS LUIS OBISPO COURT9 DEPARTMENT COUNTY GOVERNMENT CENTER • ROOM 207 • SAN LUIS OBISPO, CALIFORNIA 93408 CLINTON MILNE PHONE (805) 549-5252 FAX(805) 546-1229 County Engineer GLEN L.PRIDDY DEPUTY COUNTY ENGINEER D NOEL KING ROADS SPECIAL DISTRICTS ADMINSTRATOR TRANSIT �L)y �± p FLOOD CONTROL L li (] '9�z Y WATER CONSERVATION COUNTY SURVEYOR February 6, 1992 COMMUNITY DEVELOPMENT SPECIAL DISTRICTS City of Atascadero, Planning Commission GO Henry Engen, Community Development Director 65 Palma Avenue Atascadero, CA 93422 Subject: Request for General Plan Conformity Determination Pursuant to Government Code Section 65402(c);--Local Projects Facilities, Coastal Branch of the Sate Water Project. Dear Honorable Planning Commissioners: The San Luis Obispo County Flood Control and Water Conservation District is proposing to take action to approve or disapprove the North County Extension of the Coastal Branch of the State Water Project. Your staff has received a copy of the E.I.R. on this project.The Final E.I.R. is to be presented to your agency on or about March 10, 1992. The purpose of this letter is to request that your Commission find that the North County Extension is in conformity with the City of Atascadero General Plan, as more particularly described in Government Code Section 65402(c). We request that the Planning Commission hearing on this determination be concluded by March 17, 1992. Thank you for your courtesy. Sincerely, CLINTON MILNE County Engineer Igg\sloplan.ltr.cmc Attachments: Project Description Project Map 000080 LOCAL DISTRIBUTION LINES AND FACILITIES COASTAL BRANCH STATE WATER PROJECT GENERAL OVERVIEW The proposed project includes the construction and operation of local water distribution pipelines and support facilities. These facilities would be located throughout San Luis Obispo County. Local pipelines would be constructed by various agencies that construct for an entitlement with the San Luis Obispo County Flood Control and Water Conservation District. The District may act as lead agency for pipelines serving various agencies and would act jointly with the Central Coast Water Authority in the construction and operation of additional facilities, if the Authority elects to participate in these facilities. The main cities and communities expected to be served by the local facilities are Shandon, Atascadero, Templeton, Paso Robles, Santa Margarita, Morro Bay, Cayucos, Los Osos, City of San Luis Obispo, Arroyo Grande, Grover City, Oceano, Pismo Beach and Nipomo. Cuesta College, the California Mens Colony and the County Operational Center are also expected to be served. Final decisions regarding which communities will be served will be made by the appropriate jurisdictions. The availability of SWP supplies to these areas may, in part, bridge the gap between demand and supply of water resources in San Luis Obispo County. As noted above, construction of the proposed pipelines would be undertaken by the various jurisdictions serviced by each pipeline, unless other arrangements are made. These distribution pipelines would be extended from the main SWP Coastal Branch pipeline. The pipelines would be laid in trenches at a depth of approximately 4 feet and the construction corridor would be approximately 50 feet wide. The pipelines would be aligned to avoid to the maximum extent feasible, sensitive environmental resources. The major proposed pipelines are the North County and Chorro Valley Lines. Minor lines are the Shandon, San Luis Obispo, County Club Area, Lopez, Arroyo Grande alternative, and Nipomo pipelines. A proposed water treatment facility would be constructed at Polonio Pass, approximately 10 miles northeast of Shandon near the borders of San Luis Obispo, Monterey and Kern counties. The plant would treat all State Water Project water before it continues through the Coastal Branch. The capacity of this facility would be a maximum of 82 million gallons per day, and the plant would include water treatment units, water storage tanks, backwash recovery, sludge drying beds and related facilities. This regional plant would preclude the need for numerous individual plant throughout San Luis Obispo and Santa Barbara counties, and would be jointly operated by the SLOFCWCD and the Santa Barbara Water Purveyor's Agency. To hydroelectric plants would be constructed to generate electricity from the energy expended by SWP. The Chorro Valley Plant, to be operated by participates in the Chorro Valley pipeline project, would be located in Chorro Valley, approximately 1,000 feet southeast of the Chorro Reservoir. A similar plant would be located within the City of San Luis Obispo's Reservoir site near Cuesta Park. The plants would include additional facilities such as elevated transformer containers and associated utility cables and poles. 000081 NORTH COUNTY PIPELINE Construction of the North County pipeline would have significant impacts on several environmental resources. Geology and soils would be effected in terms of the potential for landslides, ground shaking, and liquefaction. Nitrous oxides and particulate matter generated during construction activity would likely exceed thresholds of significance for air quality. Significant biological impacts would include effects upon oak woodlands, wetlands, and the American Badger, and water quality changes resulting from pipeline rupture could impact sensitive fish species. Significant traffic impacts would occur with respect to vehicle delays at the intersection of Highway 41 and the railroad crossing in Atascadero. Numerous cultural resources have been identified along the pipeline route, and local agricultural resources would be affected in terms of safety of cattle grazing in the pipeline alignment and disturbance of pasture land. Significant noise impacts would occur in Atascadero and Templeton during construction of the pipeline. As noted above, impacts of all resources except air quality could be mitigated to insignificant levels. Igg\stattach.cmc 000082 PASO ROBLFS •r i D E R 0 B LIE S !� yg � GI W t / empleton J tw. war... rtuntw• � w. — NORTH COUNTY PIPELINE E • ,,P AS U 1 N po ? � luundew� .aero t� .w ►.r t;w 7� r ATASCADERO ° ws , weK.t d � •� � Www V MY 'Mu STATE WATER PROJECT COASTAL BRANCH M .. PHASE 11 PIPELINE. rrw —�� SLO COUNTY t...r N LOCAL DISTRIBUTION :r SCALE WATER PIPELINE 1 •—•— SERVICE DISTRICT 2000i[ET BOUNDARY F I G U R E NORTH COUNTY PIPELINE, NORTHERN SECTION E4ERCE (ATASCADERO TO PASO ROBLES) 2.3-3 O(i008 3 REPORT TO CITY COUNCIL Meeting Date: 4-14-92 CITY OF ATASCADERO Agenda Item: B-7 Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works(4- SUBJECT: Sewer Extension Reimbursement Agreement RECOMMENDATION• Council approve the attached Agreement providing for reimbursement of funds expended by Mr. Jacobs for the construction of a public sewer main. DISCUSSION: Mr. Harold Jacobs has completed a sewer extension from 9260 to 9355 Mountain View Drive. This project involved the installation • of 385 feet of 8 inch diameter sewer, one manhole, one cleanout and 6 services. During construction four out of the six benefiting property owners reimbursed Mr. Jacobs for the construction costs.. At this time the applicant is requesting the execution of a reimbursement agreement to recover costs from the remaining two properties. Cost recovery is provided for in Ordinance 181, Chapter 8 "Mainline Extension" : "The City may approve a refund agreement with persons who have paid more than their proportional cost of the sewer service extension. . The agreement shall provide for reimbursement of the excess cost borne by said persons at such time within fifteen (15) years as money is paid to the City for service from said sewer extension. The City shall require the applicant to file and have approved by the City Engineer a reimbursement map showing the method and amount of cost spread to each future connector to the sewer extension. " FISCAL IMPACT: There is no cost to the City associated with this action. UU0084 DEPARTMENT OF PUBLIC WORKS - WASTEWATER DIVISION SEWER EXTENSION REIMBURSEMENT AGREEMENT WHEREAS, chapter 7-5.001 of Ordinance No. 181 of the City of Atascadero provides for reimbursement of funds expended in the construction of an approved sewer extension; NOW, THEREFORE, THIS AGREEMENT, made and entered into this day of , 1991 by and between Harold Jacobs, 671 Mentone, Grover City, California, in the County of San Luis Obispo, State of California, hereinafter referred to as "Applicant" and the City of Atascadero, a municipal corporation located in the County of San Luis Obispo, State of California, hereinafter referred to as " City"; WITNESSETH: In consideration of the mutual promises, agreements, covenants and conditions set forth herein, and in consideration of the final approval of said sewer extension, the parties hereto do hereby mutually covenant and agree as follows: 1. That the recitals set forth hereinabove are true, correct and valid. 2. That in the construction of an approved sewer extension, • Applicant has expended funds in the amount of $36, 623 . 3 . That Applicant is entitled to a refund of a portion of said expenditures at such time within fifteen (15) years following the date of the execution of this Agreement as additional connections are made to said sewer extension, from the following parcels: APN 56-321-15 $6, 103 .83 APN 56-321-17 $6, 103 .83 The amount to be paid by this parcel upon connection shall be the amounts listed above which is the total expenditure divided between 6 benefitting parcels. (Four of which have paid during construction. ) 4. The City will collect the amounts specified in Section 3 from the owners of the real property listed in said section, at such times within fifteen (15) years following the date of execution of this Agreement as a permit is issued for connection of said real property to said sewer extension. 000085 0 5. In accordance with Section 7-3.003 of City Ordinance No. 181, all improved parcels specified in Section 3 of the Agreement will be required to abandon on-site disposal systems and connect to the public sewer within twenty- four (24) months after said public sewer is available. 6. All reimbursement fees and sewer connection permit fees are to be paid at the time of connection. 7. All monies collected in accordance with Item 4, above, will be refunded to Applicant, except that any such refund shall be reduced -by the total of: a. Any outstanding sewer service charges. 8. Neither party to this Agreement shall assign or transfer this Agreement or any interest therein without the prior written consent of the other party. 9. Applicant further agrees to defend, indemnify and save harmless the City of Atascadero, and their officers, agents and employees from any and all liability„ claims, demands, costs, expenses, causes of action, damages and judgements, of whatsoever kind and nature and to whomsoever occurring arising out of this Agreement or occasioned by the performance or attempted performance hereof, including but not limited to any act or omission to act on the part of the Applicant or his agents or employees or independent contractors directly responsible to Applicant. 10. This Agreement shall be binding on the heirs, assigns, transferee, executors, successors, administrators, and trustees of the parties hereto. IN WITNESS WHEREOF Applicant and City have executed this Agreement on the day and year first hereinabove set forth. APPLICANT ATTEST: LEE RABOIN, City Clerk ALDEN SHIERS, Mayor APPROVED AS TO FORM: APPROVED S O CONTENT: ART R MON DON, 'ty Attorney GREG LUKE, Public Works Dir. YJv11vt46 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-8 Through: Ray Windsor, City Manager Meeting Date: 4/14/92 Via: Greg Luke, Public Works Director From: Kelly Heffernon, Administrative Analyst SUBJECT: Application for the Urban Forestry Grant Program. RECOMMENDATION: That Council adopt Resolution No. 35-92 approving the application for grant funds for the E1 Camino Real native tree planting project. BACKGROUND: The Urban Forestry Grant Program provides funding for tree planting projects for the purpose of shading concrete, asphalt or buildings on public property. Successful applicants must enter into an agreement with the Director of Forestry and Fire Protection to complete the project within 18 months of project award and allow for periodic inspection. Resolution No. 35-92 authorizes the E1 Camino Real native tree planting project and allows the Director of Community Services to sign legal documents. The grant program assesses each project proposal in its ability to satisfy several goals: 1. Plant large growing, environmentally tolerant and high quality trees in appropriate places to provide shade and other human benefits. 2. Require a commitment to long-term tree maintenance during their useful life to ensure healthy long-term survival and safety. 3 . Promote proper tree planting techniques and improve tree maintenance practices. 4. Incorporate community involvement/participation/education and stewardship into every project. 5. Increase statewide public awareness of the benefits of urban forests and long-term management through public outreach programs. . 6. encourage projects that will inspire similar projects by leveraging community resources. 000087 All proposals are further evaluated based on specific rating criteria. Each criteria has been assigned a multiplier used to determine a project's final rank. Last year 25 of the total 101 applicants received financial assistance. Another 25% of the total were immediately disqualified based on either incomplete applications or ineligible projects. The program is expected to be more competitive this year. DISCUSSION• The Native Tree Association formed a subcommittee to work on a project proposal that would best satisfy the program's rating criteria. The selected project site is the east side of the E1 Camino Real right of way from San Anselmo Ave. north to Del Rio Rd. Although it can be argued that other sections of E1 Camino Real are in dominant need of shade trees, the intent behind selecting the north end is three fold. First, the area is void of existing sidewalks, thereby allowing a much simpler and less costly planting process. Second, there is little existing vegetation along that segment of the E1 Camino Real corridor. Third, development such as the Factory Outlet will impact traffic along El Camino Real creating a need for shade trees; it is anticipated that the trees will be sufficiently established to provide shade for vehicular and pedestrian traffic by the time such development is complete. The grant program assigns a high rating for citizen involvement and cooperative relationships. To date the Native Tree Association, Kiwanis, California Conservation Corps. , California Youth Authority and the Atascadero High School Environmental Club have indicated support for the project in the form of labor. All organizations have agreed to submit a letter of intent to this effect. Council will note that Andy Takata has been called out as project administrator. The reasoning behind this selection is 1) his responsibility for the Street Division and therefore ability to oversee the long-term maintenance of these street trees, 2) his name recognition and 3) his previous experience in managing grants such as this one. It is anticipated that I will be the contact for the day to day responsibility for the project. The application deadline is May 1, 1992 . FISCAL IMPACT: $633 , 000 is available through this program for the purchase of trees and educational materials. All other planting materials and maintenance must be furnished through other means. The maximum grant request is $40, 000 and the minimum request is $1,000. The City is requesting a grant of $1,800. Staff recommends that planting and maintenance costs be provided through the tree fund. Those costs are estimated to be approximately $2 , 000. The tree • replacement fund currently stands at approximately $29,000. UU00S8 RESOLUTION NO. 35-92 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN FORESTRY GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARR LAND CONSERVATION BOND ACT OF 1988 for the following project: El Camino Real native tree planting. WHEREAS, the people of the State of california have enacted the California Wildlife, Coastal, and Park Land Conservation Act of 1988, which provides funds to the State of California and its political subdivisions for urban forestry programs; and WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program, and WHEREAS, said procedures established by the State Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California to carry out a tree planting project; NOW, THEREFORE, BE IT RESOLVED that the City Council: 1. Approved the filing of an application for the Urban Forestry Program under the California Wildlife, Coastal, and Park Land Conservation Bond Act of 1988, state grant assistance for the above project; and 2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and 3 . Certifies that funds under the jurisdiction of City Council are available to begin the project. 4. Certifies that said applicant will expend grant funds prior to June 30, 1994. 5. Appoints Andy Takata, Director of Community Services, as the agent of the El Camino Real tree planting project to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which 0 may be necessary for the completion of the aforementioned project. 'on b Councilmember seconded b On mote y y Councilmember the foregoing resolution is hereby adopted the day of 1992 in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE RABOIN, City Clerk ALDEN SHIERS, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-9 Via: Ray Windsor, City Manager Meeting Date: 4/14/92 From: Arther R. Montandon, City Attorney SUBJECT: Authorization to retain State Office of Administrative Hearings RECOMMENDATION• Adopt proposed Resolution No. 36-92 authorizing execution of con- tract for administrative hearing officer services. DISCUSSION: Under recent amendments to the State law, certain City employees are allowed hearings on disability issues. We could also use hear- ing officer services in other personnel situations. As such, it is recommended that we authorize execution of this agreement. No use of the services provided under the terms of said agreement will occur without Council authorization. FISCAL IMPACT• Cost of Hearing: 1. Filing - $44. 00 2. Judge - $113.00 Hour 3. Reporter - $ 57.00 Hour ARM:cw Attachment: Resolution No. 36-92 0UUU_4f RESOLUTION NO. 36-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA STATE OFFICE OF ADMINISTRATIVE HEARINGS TO PROVIDE HEARING SERVICES, PURSUANT TO G.C. SECTION 27727 The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The City Manager is hereby authorized to execute an agreement with: State of California, Office of Administrative Hearings to provide hearing services, pursuant to Government Code Sec- tion 27727, and all other agreements or documents required to effectuate the terms of agreement. 2. The City Manager is hereby authorized to make minor correc- tions or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to: appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 14th of April, 1992. CITY OF ATASCADERO By: LEE RABOIN, City Clerk ALDEN F. SHIERS, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON City Attorney 0000,��; OAH-22A (Rev. 10/87) AGREEMENT 092007 THIS AGREEMENT, made and entered into this day of 1992, at Sacramento, County of Sacramento, State of California, by and between the State of California, hereinafter called STATE, through its duly appointed Director of the Office of Administra- tive Hearings, and the City of Atascadero, hereinafter called CITY. WITNESSETH: WHEREAS, the services of the Office of Administrative Hearings, Department of General Services, may be needed by CITY for conducting hearings and issuing proposed decisions; and WHEREAS, State has the authority to contract with CITY for the rendering of hearing services pursuant to Government Code Section 27727, and is amenable to the furnishing of such services when required personnel are available by State, NOW THEREFORE, IT IS MUTUALLY AGREED between the parties hereto as follows: 1 . Upon request of CITY, State will furnish the services of Administrative Law Judges, Hearing Reporters, and other staff per- sonnel to CITY for the purpose of conducting hearings under the authority of Government Code Section 27727, provided State personnel Ware available and the assignment of such personnel for hearings may e adjusted to the scheduled hearings of State. 2 . In consideration of the performance of such services by State, CITY agrees to pay to State the cost of rendering such services, which shall be computed in accordance with effective rates as of the time the services are performed. State agrees to submit invoices in triplicate for services which are rendered hereunder. 3 . This Agreement commences effective the date of first above written and shall continue in full force and effect until either party shall notify in writing the other party of its determination to terminate the Agreement, which termination shall occur sixty ( 60) days after the mailing of such notice. IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties hereto, the day and year first above written. CITY OF ATASCADERO By Title OFFICE OF ADMINISTRATIVE HEARINGS By Tit e REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-10 Through: Ray Windsor, City Manager Meeting Date: 4/14/92 File No: TPM 19-89 From: Henry Engen, Community Development DirectorlAW SUBJECT: Acceptance of final Parcel Map 19-89 (subdivision of one lot con- taining 6.5 acres into two lots of 2.83 acres and 3.72 acres at 7675 Bella Vista) (Kelly Gearhart) . RECOMMENDATION: Acceptance of Final Parcel Map 19-89. BACKGROUND: • On August 28, 1990, the City Council tentatively approved this map, subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. All conditions of approval have now been complied with by the applicant. HE:ps cc: Kelly Gearhart OuU094 1 ' `f'1 ■ � ��� s::: -;��� fj `�� � ♦ 'moi �r� � �� .moi �•-�♦ • ��' ♦ .,� �i Vii__•,,�_ . ,;..,s�.y ••, low m PIP WN AP- FOAM v � W-MA 1` y A l.i REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-2 By: Ray Windsor, City Manager Meeting Date: -3/4"2- From: ate: 3f4"2-From: Atascadero .Economic Round Table 4/14/92 SUBJECT: Report to the City Council: Request for endorsement of status report and recommendations RECOMMENDATION: Following review and discussion, (a) accept the Status and Recom- mendations Report of the Economic Round Table, and (b) direct the Round Table to undertake an evaluation of the feasibility and desirability of implementing redevelopment as a planning and financing tool for the revitalization of selected areas of the community. BACKGROUND: At the September 24, 1991 meeting of the City Council, the Economic Round Table reported on the status of their progress towards ful- filling the mission statement approved by the Council when the Economic Round Table was established. At the conclusion of that presentation, it was the consensus of the Council to request a written report for further evaluation. It .is the intent of the Economic Round Table to be assured that the City Council is in agreement with the direction that they are proposing, which draws heavily on Council-adopted plans. This direction is contained in the attached Economic Round Table statement, entitled "Status and Recommendations" . HE:cw Enclosure: Economic Round Table Report r�, .cel .kjl' Recommendations for the city council: 1 . That the city place top priority riorit on developing downtown Atascadero following the general outline of the Downtown Master Plan. a. That open solicitation be sent to local restaurant owners and other interested people to establish one or more dinner houses in the downtown area. b. That a redevelopment area as set forth in the DeWeerd Report on Redevelopment in Atascadero (3/14/91) be explored further in order to facilitate the revitalization of downtown and the corridor to the new outlet center location. That the possibility of expanding the area South to Curbaril along the El Camino/Santa Ysabel corridor be investigated. c. That the Lewis Avenue bridge project be moved along to enhance traffic flow downtown and improve access to businesses there. d. That the city continue to support the downtown awning program, and other enhancements to existing businesses. e. That additional parking be developed in the downtown area to • support projected usage growth. That means of subsidizing this project be studied (e.g. Block Grants, etc.) 2. That the city enhance existing businesses by: a. Reviewing and approving a new sign ordinance, using the Chamber of Commerce draft as a starting point. b. Carefully considering the economic impact of restrictive regulations on local businesses prior to implementation. c. Assisting the Chamber of Commerce and the BIA in promoting and supporting new activities planned to draw people into town. 3. That the city pursue the development of a "Craftsman's Park" incubator project to encourage local business start-ups and expansions that will hire local craftsmen who are in abundance in this area. 0 -0vtfiINI"s, QIkJO AIV 4. That the city pursue a specific plan for a traveller destination/ recreation center adjacent to Hiway 101 that is compatible with the city's image and general plan, in order to bring in business that has a lower impact on the city's infrastructure. 5. That the city help develop an Atascadero Outlook brochure to market the economic potential in Atascadero. This brochure would high-light key elements of the general plan, the Downtown Master Plan as well as on going development. The Chamber of Commerce could do much of the work, with the council and staff providing guidance. 6. That the city update the commercial study of 1987 that shows the current and potential uses of commercially zoned property in order to promote available commercial property in accordance with the general plan. 7. That the city council provide feed back to the Economic Round Table to provide guidance for the next phase of work. The following efforts have been taken toward Business Enhancement and Retention: a. Visited and evaluated the Bakersfield Small Business Development Center (SBDCV) and worked with Cuesta College staff in preliminary attempts to establish a Development Center in San Luis Obispo County. b. Worked with the Atascadero School District in establishing an education concept called the "Academy" which involves teaching high school students business related topics on site at a business, and allowing the students to work and learn in the business environment in a team approach with the business and the schools. The first academy effort will be with the local banks. c. Through the Chamber of Commerce, working to increase the number of practical business training seminars provided for local owners and business managers, to enhance their business skills and to help ensure their viability. Memorandum for Economic Round Table Members February 18, 1992 - Subj: Status and Recommendations From: Sub-committee chairmen As requested by the Round Table, the chairmen of the ERT sub-committees met to discuss recommendations to forward to the city council. Enclosed are the recommendations we recommend along with a status report of efforts already taken place. Much of what has gone on has had a consensus building affect. After the council agrees with the recommendations, more specific efforts can be taken to build consensus across the community to gain support for the recommendations. Mike Kirkwood Jack Stinchfield Ray Johnson • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-3 Through: Ray Windsor, City Manager Mtg. Date: 4-Tl-47-92 Via: Henry Engen, Community Development Director From: Gary Kaiser, Associate Planner� File No. : SMARA SUBJECT: Assuming lead agency responsibilities and associated regulatory control over surface mining operations RECOMMENDATION• Staff recommends that the City of Atascadero assume lead agency responsibilities for surface mining operations within its jurisdiction through certification by the State Mining and Geology Board (Board) . In order to accomplish this, Council must: (1) adopt a new ordinance relative to surface mining and reclamation activities; and (2) direct staff to develop a work schedule, which may involve obtaining the services of a consultant, for performing annual inspections of existing mining operations and ensuring that adequate financial assurances exist for the reclamation of all mined lands. BACKGROUND: Recent amendments to the State Surface Mining and Reclamation Act (CA PRC Section 2710 et seq. -- SMARA) require local lead agencies to ( 1) conduct annual inspections of all surface mining operations within their jurisdiction for conformance with applicable state and local requirements, and (2) ensure that adequate financial assurances exist to guarantee reclamation of mined lands. The inspections, which are required this year and every year hereafter, are to be prepared on a state-issued form. When staff sought to obtain the necessary forms, we were informed by the Board that Atascadero was not a "certified" lead agency authorized to perform the newly required inspections. In fact, we were told that the City of Atascadero has no authority whatsoever to implement the provisions of SMARA, regardless of existing Zoning Ordinance language addressing surface mining and reclamation activities, until such time as we become certified. The Board went on to state that, although there are two mines now located within our incorporated jurisdiction, lead agency status remained with the County. The County has made it clear that they would rather not regulate mines within our City Limits, even though they were the agency that had approved the original entitlements for these two operations prior to incorporation. OU0100 The two (2) surface mining operations within the City of Atascadero are: the Salinas Sand Company operation on Atascadero Mutual Water Company property within and adjacent to the Salinas River channel; and the so-called Millhollin Pit located in the 11500 block of Santa Lucia Road. Due to the provisions of SMARA, and the current vesting of responsibility with the County, the City' s regulatory powers are extremely limited with respect to these mining operations. There have been several citizen complaints relative to both mining sites and, in order to effectively respond, the City would have to be designated lead agency under SMARA through certification by the Board. Assuming Lead Agency Status Board certification is granted by our transmitting an adopted local ordinance (regulating surface mining and reclamation activities in accordance with SMARA) to the Board for review and approval. On January 30, 1992, relevant pages of the Zoning Ordinance were forwarded to the Board for preliminary review. Six (6) weeks later, after receiving no response from the Board, staff inquired as to the status of that review. Apparently our existing Zoning Ordinance language confused Board staff with respect to the modifications/amendments necessary for "approvability. " Alternatively, the Board suggested we consider adopting a model ordinance on the subject, which is fully up-to-date with SMARA regulations. Such an ordinance has been attached hereto for review and introduction. SMARA Implementation -- Consultant Needed Once certified by the Board, the City's immediate responsibilities under SMARA would be two-fold. The City would be obligated to: ( 1) inspect each of the surface mining operations within its jurisdiction for SMARA compliance and conformance to all applicable local requirements and approvals, and (2) ensure that adequate financial assurances exist, in a form payable to and approved by both the City and State Geologist, to guarantee site reclamation. Both of these duties will require time and expertise beyond that currently available in house. It is anticipated, therefore, that a consultant would have to be retained by the City to perform required inspections, recognizing that SMARA regulations permit the costs associated with such outside expertise to be charged to the respective mine owners. (ii01 Fiscal Impact: According to an October 3, 1990 letter from James A. Anderson, Chairman of the State Mining and Geology Board, lead agencies are authorized to charge mining operations for their costs of administering SMARA. In fact, SMARA Section 2774(b) states that "the operator shall be solely responsible for the reasonable cost of the inspection (emphasis added) . " Thus, the direct cost of the required inspections, plus a reasonable administrative fee, is the responsibility of the "applicants. " It is anticipated that inspections will be conducted and reports generated following a process similar to that currently used for Environmental Impact Report (EIR) preparation. CONCLUSIONS• The City presently has very little control over existing surface mining activities within its jurisdiction, and has no authority to act on new applications or amendments to existing entitlements. Moreover, without obtaining lead agency status, the City is impotent to respond to citizen complaints and/or other legitimate concerns about a specific mine operation. Once in control, new regulatory responsibilities should have no substantive fiscal impacts. . Staff feels that Atascadero residents (and the natural environment) would be best served, and best represented, by the City assuming lead agency responsibilities under SMARA. Attachment -- Draft Ordinance 242 CC:RW/HE-gvk.smara ORDINANCE NO. 242 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO ADDING CHAPTER '9 TO 'TITLE 5 OF THE ATASCADERO MUNICIPAL CODE ADOPTING SURFACE MINING AND RECLAMATION PLAN REGULATIONS The City Council of the City of Atascadero does ordain as follows: Section 1. Chapter 9 is hereby added to Title 5 of the Atascadero Municipal Code to read as follows: CHAPTER 9 - SURFACE MINING AND RECLAMATION PLAN REGULATIONS 5-9.01. Purpose and Intent. The City of Atascadero recognizes that the extraction of minerals is essential to the continued economic well-being of the City and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the envi- ronment and to protect the public health and safety. The City also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation oper- ations and the specifications therefore may vary accordingly. The purpose and intent of this Section is to regulate surface mining operations as authorized by California' s Surface Mining and Reclamation Act (SMARA) of 1975 (P.R.C. Sec. 2710 et seq. ) , as amended, hereinafter referred to as SMARA; P.R.C. Section 2207; and the California Code of Regulations adopted pursuant thereto (14 Cal. Admin. , C. Sec. 3500 et seq. ) , to ensure that: a. The adverse effects of surface mining operations will be prevented or minimized and that the reclamation of mined lands will provide for the beneficial, sus- tainable long-term productive use of the mined and reclaimed lands; and b. The production and conservation of minerals will be encouraged while eliminating hazards to public health and safety and avoiding or minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to biological resources, flooding, erosion, degradation of scenic quality, and noise pollution. Ordinance No. 242 Page Two 5-9.02. Definitions. For the purpose of this chapter, certain words and phrases shall be defined as follows: (1) Haul Road: A road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation. (2) Idle: To curtail for a period of one year or more surface mining operations by more than 90 percent of the operation' s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. (SMARA, Sec. 2727.1) (3) Minerals: Any naturally occurring chemical element or compound, or groups of elements and compounds formed from inorganic processes and organic substances, including but not limited to coal, peat, bituminous rock, but excluding geothermal resources, natural gas, and petroleum. (State Regulations, Sec. 3501) For the purpose of this chapter, minerals shall also include but not be limited to sand, gravel, cinders, diatomaceous earth, shale, limestone, . flagstone, decorative stone, and rip-rap. (4 ) Operator: Any person who is engaged in surface mining operations or who contracts with others to conduct opera- tions on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation. (5) Overburden: Soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations. (SMARA, Sec. 2732) (6 ) Person: Any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof. (State Regulations, Sec. 3501) (7) Surface Mining Operations: All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to: (a) In-place distillation or retorting or leaching. Ordinance No. 242 Page Three (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. (SMARA, Sec. 2735) Surface mining operations shall also include the creation of borrow pits, streambed skimming, segregation and stockpiling of mined materials (and recovery of same) . (State Regula- tions, Sec. 3501) (S) Reclamation: The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, recoiling, revegetation, soil compaction, stabilization, or other measures. (SMARA, Sec. 2733) 5-9-03. Incorporation of SMARA and State Regulations. The provisions of the California Surface Mining and Reclamation Act of 1975 (P.R.C. Sec. 2710 et seq. ) , P.R.C. Section 2207, and the California's Code of Regulations implementing the Act (14 Cal. Admin. , Sec. 3500 et seq. ) , hereinafter referred to as the State Regulations, as either may be amended from time to time, are made a part of this Chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than conflicting State (or City) provisions, this Chapter shall prevail. 5-9.04. Applicability ( 1) Requirements for Use Permit. Unless exempted by provisions of this chapter, an approved use permit as provided under AMC Section 9-6.160 shall be required for all surface mining operations in all zoning districts in which surface mining is allowed; and shall be required for the expansion or substantial change of operation of any surface mine for which such expansion or changes have not been thereby approved, including any operation which meets the definition of a "non-conforming use" pursuant to AMC Title 9, Chapter 7, Non-Conforming Uses. Ordinance No. 242 • Page Four (2 ) Requirements for Reclamation Plans. A Reclamation Plan shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, as well as for those portions of existing surface mining operations conducted after January 1, 1976, unless a Reclamation Plan was approved by the County prior to that date and the person submitting that plan has accepted responsibility for carrying out the plan. Nothing in this chapter shall be construed as requiring the filing of a Reclamation Plan for, or the reclamation of, mined lands on which surface mining operations were conducted legally and in compliance with all applicable County regulations prior to January 1, 1976. (3) Exemptions. A Reclamation Plan shall not be required for any of the following activities: (a) Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster. (SMARA, Sec. 2714(a) ) (b) Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in . total amounts of less than 1,000 cubic yards in any one location of one acre or less. (SMARA, Sec. 2714(b) ) (c) Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. (SMARA, Sec. 2714(c) ) (d) Such other surface mining operations which the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances. (SMARA, Sec. 2714(d) ) 5-9.05. Contents of Applications for Use Permits for Surface_ Mining Operations and Reclamation Plans. (1) In addition to the Conditional Use Permit (CUP) application required in AMC Section 9-6. 160, all applications for CUP's for surface mining operations shall contain a Surface Mining Application Supplement. As many copies of the CUP and Sur- face Mining Application Supplement may be required shall be submitted to the Community Development Department (Depart- ment) . (2 ) As many copies of a Reclamation Plan Application as may be required shall be submitted in conjunction with all applica- tions for CUP' s for Surface Mining Operations. For surface • Ordinance No. 242 Page Five mining operations that are exempt from a CUP pursuant to this chapter, the Reclamation Plan application shall include information concerning the mining operation that is required for processing the Reclamation Plan. (3) Application shall include the necessary environmental review forms and information prescribed by the Department. (4) The Department will review the application package for com- pleteness and shall, within 30 days after receipt, either accept the application as complete for the purpose of initiating permit processing or return the application as incomplete with an explanation of where the application is deficient. Resubmittal of the revised application shall start a new review timeframe. 5-9.06. Processing. (1) Within thirty (30) days of acceptance of an application for a Conditional Use Permit for surface mining operations and/or a Reclamation Plan as complete, the Department shall notify the State Geologist of the filing of the applica- tion(s) . (SMARA, Sec. 2774 (e) ) . Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Department shall also notify the State Department of Transportation that the application has been received (SMARA, Sec. 2770.5) . (2) The Department shall process the application(s) through environmental review pursuant to the California Environmen- tal Quality Act (CEQA) and the City's Environmental Review Guidelines. (3) Subsequent to the appropriate environmental review, the Department shall prepare a staff report with recommendations for consideration by the Planning Commission. (4) The Planning Commission shall hold at least one noticed public hearing on the Conditional Use Permit and/or Reclama- tion Plan. (5) Prior to final approval of a Reclamation Plan, financial assurances (as provided in this chapter) , or any amendments to a Reclamation Plan, the Planning Commission shall certify to the State Geologist that the Reclamation Plan complies with the applicable requirements of the State Regulations and submit the plan, assurances, or amendments to the State Ordinance No. 242 Page Six Geologist for review (SMARA, Sec. 2774(c) ) . The Planning Commission may conceptually approve the Reclamation Plan before submittal to the State Geologist. If a Conditional Use Permit is being processed concurrently with the Reclama- tion Plan, the Planning Commission may also conceptually approve the CUP at this time. However, the Planning Commis- sion may defer action on the CUP until taking final action on the Reclamation Plan. If necessary to comply with permit processing deadlines, the Planning Commission may condition- ally approve the CUP with the condition that the Department shall not issue the Conditional Use Permit for the mining operation until financial assurances have been approved by the State Geologist and final action has been taken on the Reclamation Plan. The State Geologist shall have 45 days to prepare written comments on the Reclamation Plan, if the State Geologist so chooses (SMARA, Sec. 2774(d) ) . The Planning Commission shall evaluate written comments received from the State Geologist during the 45-day comment period. Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Planning Commis- sion's approval. In particular, when the Planning Commission's position is at variance with the recommenda- tions and objections raised in the State Geologist's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted (SMARA, Sec. 2774(d) ) . Copies of any written comments received and responses prepared by the Planning Commission shall be promptly forwarded to the operator. (6) The Planning Commission shall then take final action to approve, conditionally approve, or deny the Conditional Use Permit and/or Reclamation Plan. The Planning Commission' s action shall be final, subject to appeal to the Board of Supervisors as provided in this Title. (7) If a project has proceeded to review by the City Council, the Council may, at its discretion, assume duties assigned to the Planning Commission under this chapter or delegate specific related tasks back to the Planning Commission. ( 8) The Department shall forward a copy of each approved Condi- tional Use Permit for mining operations and/or approved Reclamation Plan to the State Geologist. (9) Annual Reports - Surface mining operators shall forward an annual status report to the State Geologist and the City Community Development Department on a date established by Ordinance No. 242 Page Seven the State Geologist upon forms furnished by the State Mining and Geology Board (P.R.C. Sec. 2207 (a) - (g) ) . 5-9.07. Performance Standards for Reclamation Plans. (1) All new or revised Reclamation Plans shall conform to minimum statewide performance standards required pursuant to SMARA Sec. 2773(b) , as adopted by the State Mining and Geology Board, including but not limited to wildlife habi- tat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage, and waste management. (2) The City of Atascadero may impose additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of City-wide performance standards. 59.08. Phasing of Reclamation. Phasing of Reclamation - (See also, Sec. , 5-9. 12, Interim Management Plans for Idle Mining Operations) - Reclamation activities shall be phased with respect to the phasing of the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance (SMARA, Sec. 2777 (f) ) . Interim reclamation may also be required for mined lands that have been disturbed and will be disturbed again in future operations. Rec- lamation may be done on an annual basis, or in stages compatible with continuing operations, or on completion of all excavation, removal, or fill as approved by the City. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include: the beginning and expected ending dates for each phase; all reclamation activities required; criteria for measuring completion of specific reclamation activities; and estimated costs as provided in Sec. 5-9.10 (Financial Assur- ances) . The reclamation schedule shall require City approval. 5-9.09. Findings for ARproval. In addition to the findings for approval of Conditional Use Permits contained in AMC Section 9-2. 109 of this Code, approval of use permits for surface mining operations shall include a finding that the project complies with the provisions of State Regulations. For Reclamation Plans, the following findings shall be required: • ( 1) That the Reclamation Plan complies with Sections 2772, 2773, and 2773. 1 of SMARA and any other applicable provisions; Ordinance No. 242 Page Eight (2) That the Reclamation Plan complies with applicable requirements of the State Regulations (14 Cal. Admin. , Sec. 3500 et seq. ) . (3) That the Reclamation Plan and potential use of reclaimed land pursuant to the Plan are consistent with this chapter and the City's General Plan and any applicable resource plan or element. (4 ) That, through the Reclamation Plan, all significant adverse impacts on lands to be reclaimed as a result of the surface mining operations are mitigated to the maximum extent feasible. (5) That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with and blends in with the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbances to resource values. (6 ) That the Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan. (7 ) That a written response to the State Geologist has been prepared, describing the disposition of major issues raised by the State Geologist. Where the City' s position is at variance with the recommendations and objections raised by the State Geologist, said response shall address, in detail, why specific comments and suggestions were not accepted. (SMARA, Sec. 2772(4) ) . 5-9.10. Financial Assurances for Reclamation Plans. ( 1) In order to ensure that reclamation will proceed in accor- dance with the approved Reclamation Plan, the City shall require as a condition of approval one or more forms of security which will be released upon satisfactory performance. The applicant may post security in the form of a corporate surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, a certificate of time deposit as part of an approved trust fund, or other method acceptable to the City and the State Geologist as specified in statewide regulations adopted by the Mining and Geology Board. Financial assurances shall be made payable to the City of Atascadero and the State Geologist (SMARA, Sec. 2773.1(a) (4) ) . Ordinance No. 242 Page Nine (2) Financial assurances will be required to ensure compliance with elements of the Reclamation Plan including but not limited to revegetation and landscaping requirements; restoration of aquatic or wildlife habitat; protection of archaeological sites; restoration of water bodies and water quality; slope stability and erosion and drainage control, disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the Plan shall be monitored by the Department. (3) The amount of the financial assurances shall be based upon the estimated costs of reclamation for each year or phase stipulated in the Reclamation Plan, including any maintenance of reclaimed areas as may be required. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator and approved by the Community Development Director. Financial assurances may be based upon estimates including but not necessarily limited to the volume of earth moved (cubic yards) for each year or phase of reclamation. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or • wildlife habitat, and any other applicable element of the Reclamation Plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. (4) In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by an operator and, consequently, the City or State may need to contract with a third-party commercial company for mobilization and reclamation of the site. (5) Where reclamation is accomplished in annual increments, the amount of financial assurances required for any one year shall be adjusted annually and shall be adequate to cover the full estimated costs for reclamation of any land projected to be in a disturbed condition from mining operations by the end of the following year. The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the Reclamation Plan. Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be subject to further disturbance and Ordinance No. 242 Page Ten upon the operator filing additional financial assurances for the succeeding year. Financial assurances for all subse- quent years of the operation shall be handled in the same manner. (6) Financial assurances for reclamation that is accomplished in multiple-year phases shall be handled in the same manner as described for annual reclamation. 5.9-11. Inspections. The Community Development Department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Sec. 5-9.06, to determine whether the surface mining operation is in compliance with the approved Conditional Use Permit and/or Reclamation Plan, and the State Regulations (SMARA, Sec. 2774(b) ) . In no event shall less than one inspection be conducted in any calendar year. Said inspec- tions may be made by a state-registered geologist, state- registered civil engineer, state-licensed landscape architect, state-registered forester, or other qualified specialists, as selected by the Community Development Department. All inspections shall be conducted using a form provided by the State Mining and Geology Board. The Community Development Department shall notify the State Geologist within thirty (30) days of completion of the inspection that the inspection has been conducted and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection, including a City administrative fee of 15% of the consultant' s costs. 5-9.12. Interim Management Plans. (1) Within 90 days of a surface mining operation becoming idle, as defined in this chapter, the operator shall submit t( the Department an interim management plan (SMARA, Sec. 2770 h . The interim management plan shall fully comply with the requirements of SMARA, Sec. 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the Conditional Use Permit and/or Reclamation Plan. The interim management plan shall be processed as an amendment to the Reclamation Plan and shall not be consid- ered a project for the purposes of environmental review (SMARA, Sec. 2770(h) ) . (2) Financial assurances for idle operations shall be continued as addressed in the reclamation plan or as otherwise approved through the idle mine' s interim management plan. Ordinance No. 242 Page Eleven (3) Within 60 days of receipt of the interim management plan, or a longer period mutually agreed upon by the Department and the operator, the Planning Commission shall review and approve or deny the plan in accordance with this chapter. The operator shall have thirty (30) days or a longer period mutually agreed upon by the operator and the Department to submit a revised plan. The Planning Commission shall approve or deny the revised interim management plan within sixty (60)days of receipt. If the Planning Commission denies the revised interim management plan, the operator may appeal that action to the Board of Supervisors. (4 ) The interim management plan may remain in effect for a period not to exceed five years, at which time the Planning Commission may renew the plan for another period not to exceed five years or require the surface mining operator to commence reclamation in accordance with its approved Recla- mation Plan. 5-9.13. Time Limit for Commencement of Use Permit's for Surface Mining Operations. The time limit for commencing a surface mining operation that is permitted pursuant to this Section shall be as provided in AMC Section 9-2. 113, Conditional Use Permits. 5-9.14. Violations and Penalties If the Department, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable permit and/or the Reclamation Plan, the City shall follow the procedures set forth in SMARA, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of AMC Section 9-2. 119 for revocation and/or abandonment of a Conditional Use Permit which are not preempted by SMARA. 5-9.16. Fees The City shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the State Regulations, including but not limited to processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Ordinance No. 242 Page Twelve Section 2. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certifi-cation together with proof of posting to be entered into the Book of Ordinances of the City. Section 3. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by Councilperson and seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By ALDEN SHIERS, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney PREPARED BY: HENRY ENGEN Community Development Director REPORT TO CITY COUNCIL AGENDA ITEM: D-4 - CITY OF ATASCADERO THROUGH: Ray Windsor, City Manager Mtg. Date: 4/14/92 VIA: Henry Engen, Community Development Director,, Andrew J. Takata, Community Services DirectorCADE;— FROM: Robert B. Malone, Assistant Planner SUBJECT: Downtown Street Identification Signs and Support Poles ACTION REQUESTED: Award two bids and authorize installation of 21 downtown street identification signs. BACKGROUND: The City Council, at their October 22, 1991 meeting, considered the recommendation of the Interim Downtown Sign Committee to provide traditionally designed street signs in the downtown. The Council • directed that Request for Proposals (RFP) be initiated for 21 street signs. The street sign RFP is composed of two elements: ( 1) the street identification sign blade and (2) the support pole. Of the dozen notices sent out for bid (Bid No. 91-019) , the City received two complete responses from the bid opening on February 4, 1992. One of the bids is for the sign blades and the other is for the support poles. Both bids must be awarded to complete the project. Bid responses included one from Safe Signs, located in Atascadero, for the street identification signs and one from North County Lighting, located in Paso Robles, for the support poles. Both of these contractors were used to develop the initial project cost estimate and pole design. These two bid quotes are sufficient, pending Council action, to complete the RFP process, award contracts, and complete the street sign project. DISCUSSION: The Downtown Master Plan discusses the need for public improvements that will improve the visual image and provide pedestrian amenities. While there is not a specific reference to upgrading the street identification signs in the Master Plan's Urban Design Plan, this proposal is consistent with the plan' s intent to provide public improvements that are in keeping with the historic character P g of the downtown. The sign is composed of two attached street identification sign ODU103 blades (see Attachment A) and a ten foot high pole (see Attachment B) . The 21 signs are proposed at all intersections within the downtown proper (see Attachment C) . The specification drawings submitted with the bids (see Attachment D) match the conceptual drawings prepared by staff. The quote (including tax and delivery) on the bids for 21 support poles from North Coast Lighting is $5,350.90 and for 42 sign blades from Safe Sign is $5, 187.83. The following table indicates the total project cost established from the bids and the previous estimate: Project Cost Sign Blades (42 @ 115. 17 ea. ) . . . .$5, 187.83 Poles (21 @ 237.58 ea. ) . . . . . . . 5,350.90 Pole Cap (21 @ 22.00 ea. ) . . . . . . . 462.00 10% Contingency . . . . . . . . . . . 1, 100.00 Total Cost . . . . . . . . . . . . $12,100.73 Previous Estimate Sign Blades (42 @ 106.50 ea. ) . . . .$4,473.00 Poles (21 @ 246.20 ea. ) . . . . . . . 5, 170.20 10% Contingency . . . . . . . . . . . . 950. 00 Total Cost . . . . . . . . . . . . $10,593.20 The project cost is higher than the estimate due to increase in the sign blade cost and the pole caps. Installation can be provided by the Community Service Department street crew at an approximate in- house cost of $100.00 per sign and fitted into their normal work schedule. FISCAL ANALYSIS: Although the project has been developed mid-year and is not included in the fiscal 1991-92 budget, the funding for the project should not greatly impact the general fund. The appropriate funding source for this project is the State allocated Gas Tax fund. The Finance Department has indicated the Downtown Improvements account (Acct. No. 500-88016-0900) would most likely be used for this project. Attachments: A - Proposed Street Identification Sign Blade B - Support Pole and Street Furniture C - Downtown Sign Location Map D - Bid Response forms and Specification Sheet cc: Susan Macari, BIA Chairperson John Himes, BIA Liaison 060104 Sfj.'.. xti � ,,,.L �;(".._.� �.�� ��. ,1;!�r�`. ►xf.��'T4'�+e.. I ,i,�,�Y`"i� 4.��' `..,i Sk �� -I�'��D' �C'VrJ'��ry ���Y_.�N,,`ir'i,�7 +t: �t ✓'.' `Y 1,��A. , `3}4 L Qi.ii ) �. � 2' 1 1r r,..y+.�1j +1 in:•$ Fa��.Ct.r �. 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'^VVjp4'W,<„'L",C t'.t`�yj..rt�t't�fi�''�i.�. �=,'«�. .Ys,,.�,w:':�.. �,,ir :C�,,,��0'.`�.-..'^.rr."y - �.jya�-� —+.sem—.�.�.G..�._._ -.�.L.'a:a.,_'�� ..,A'a`'.'�r5!+e+r.ne�s�'^.r�FC-'^�arRk;�v�..1e►:'�'•rc+`"��"� .'�`r�tP:.�: G °M'�+�I��..`J�T..et�� ..+:�'*`� CITY OF ATASCADERO ATTACHMENT B COMMUNITY DEVELOPMENT PROPOSED STREET FURNITURE DEPARTMENT EXISTING STREET LIGHT � ► SUPPORT POLE CAP It l STREET IDENTIFICATION SIGN BLADE EXISTING TRAFFIC SAFETY SIGN Ijl L! SUPPORT POLE J ' i1 it I ,4 LIGHTED BOLLARD TRADITIONAL STYLED REFUSE CONTAINER .1 WOOD & IRON BENCH I _ I4 ED 060106 0, CITY OF ATASCADERO ATTACHMENT C .t. I IM � COMMUNITY DEVELOPMENT DOWNTOWN SIGN LbCAT I ON MAP DEPARTMENT 1 _. _. -A I. _ . L Downtown t Boundary P Ma LEGEND "mmm � Downtown Boundary O STREET IDENTIFICATION SIGN LOCATION 000107 ATTACHMENT D BID RESPONSE FOJ2U - SIGNS) City of Atascadero BID RESPONSE FORM Page 1 of 2 - Requester or Bid #92-01 STREET IDENTIFICATION SIGNS a d/or SUPPORT POLES In response to your bid invitation and in accordance with your conditions, and specifications. we agree to furnish and deliver designated quantity of identical support poles and/or street identification signs, for the bid- price quoted below. I I I IShippingl i Total Purchase Qtyl Unitl Description I Cost i Costs I Tax I Price _ SUPPORT POLES 1 ea Pole "1VA 12 ea Poles 'V/1-)} + $ + 21 ea Poles $-44Z11 + $ + = $ � STREET IDENTIFICATION SIGNS Thickness 1 ea 1/ 16" Sign $ 320.40+ $ inc. + $ 23.23 = $ 343.63 24 ea 1/16" Signs $ i36. 6 * $ : _ + _x-62 = $3,515.06 42 ea 1/ 16" Signs $-115.17+ $ inc- 4* $350-69= $ S,1R7.8 1 ea 1/8" Sign $340.70 + $ inc. a. $ 24.70= $ 365.40 24 ea 1/8" Signs $152 18 + $ inr + $ 264.79= $ 3.917.11 42 ea 1/8" Signs $13a 9 + $__ c. * $398_58= $ C;.Figs-46 1 ea 1/4" Sign $352.18 + $ inc. + $ 25.53 $ 377.71 24 ea 1/4" Signs $174.65 + $_ina. + $ 303.89= $41495.49 42 ea 1/4" Signs $153.16 + $ inc. + $ 466.37= $6,899.09 To the CITY PURCHASING AGENTt In compliance with the above invitation for bid . and subject to all the conditions thereof, the undersigned offers , and agrees, if this bid be accepted within 60 days from the date of the opening , to furnish any or all of the items upon which prices are quoted , at the price set opposite each item, delivered at the, point as specified and , unless otherwise specified within fifteen days after receipt of order . Discount of /. will be allowed for payment within 30 days from date of delivery. (Payment is required within 30 days. ) Bidder SIGNS IMPORTANT INSTRUCTIONS TO BIDDER � r/ Bids must be sealed and By C L`f addressed to : (authorized signature) CITY OF ATASCADERO City Clerk Title Owner 6500 Palma Avenue Address 3250 El Camino Real B-2 Atascadero, California 93422 _Atascadero, Ca. 93422 Bid #92-01 ,2/4/92,2:00 pm Date: Feb. 3rd, 1992 060108 ATTACHMENT D BID RESPONSE FORM (POLES) City of Atascadero , HID RESPONSE FORM Page 1 of 2 Request for Bid #901 STREET IDENTIFICATION SIGNS and/or SUPPORT PO In response to your bid invitation and in accordance with your conditions, and specifications, we agree to furnish and deliver designated quantity of identical support poles and/or street identification signs , fbr the bid price quoted below. I i I IShippingl I Total Purchase Qtvl Unitl Description I Cost I1Costs I Tax I Price SUPPORT POLES 237. 58 65.00 17. 22 = + $ $ 319.80 12 ea" Poles 237. 58 $2 _9R96r $PPD + $211b..69= S 505:776_5 21 ea Po l es 2 37. 58 $43Bg.18 $PPD_ + $.361-2= $-5350- 90- STREET IDENTIFICATION SIGNS Thickness 1 ea 1/16" Sign $ + $ + $ _ $ 24 ea 1/16" Signs $ + $ + $ _ $ 42 ea 1/16" Signs $ + $ r- ; $ 1 ea 1/8" Sign $ + $ + $ _ $ 24 ea 1/8" Signs $ + $ + $ _ $ 42 ea 1/8" Signs $ + $ + $ $ 1 ea 1/4" Sign $ + $ + $ _ $ 24 ; ea 1%4" Signs $ + * + $ $ •42 ea 1/4" Signs $ + $ + $ To the CITY PURCHASING AGENT: In compliance with the above invitation for bid, and' subject to all the -conditions thereof, the' undersigned- offers, and agrees, if this bid be accepted within 60 " days .from the date of the opening , to furnish any or all of the items upon which prices are quoted , at the price set opposite each item, delivered at the, point as specified and , unless otherwise specified within fifteen days after receipt of order . Discount of % will be allowed for payment within 30 days from date of delivery. Bidder -NUR H gOUNTY LIGHTING IMPORTANT INSTRUCTIONS TO BIDDER'. JIM GIBSON Bids must be sealed and By addressed to: (a t riled signature) CITY OF ATASCADERO CO-OWNER City Clerk Title 6500 Palma Avenue Address 840 13TH ST "G" PASO ROBLES Atascadero , California 93422 Bid #92-01 ,2/4/92,2:00 pm Date: 1724A2 DELIVERY: aPPROXIMATE 3-4 WEEKS FROM DATE OF !ORDER 0(1010q ATTACHMENT D CITY OF ATASCADERO `-.,.,., E ,;,. BID SPECIFICATION SHEETS - COMMUNITY DEVELOPMENT DEPARTMENT X394-10' 1' --394 L 8' 394—7' i 1 1 1'v 1 r.. --394-G' (7 rr SI ' 394-5' . 1 i �4„1'• 1 , J. SCALE ANCHORAGE I EA.HEX ItE1' SbPPUED. S EA. ^B15E.OPENIIq OF WIA.3.3 SEI SCREWS i OSS I EA. MSX LOCAYA M UPPLIED AI —-/ fw (ACA4WSIi67. / N i BASE IOR 1 -cwsr ALLWWN L&EL/M5 M7fM/IMG B.R. SiBNS , &'U-%^N11EO SrEEL ' ` SUPPUFO 1 ANCM7R BOLT. For uvoUl 1 -{— owrxur” ro ms-ftr '!. ((�� IO SEl SCREW i 3 " j .LEYEL SURFACE { � ::• jaw Vs Elva.. Mum Lfw. 1 •1••• LOCAL FBosr Elva 0# LOCAL ftp. !t'w�.;N,•r.'�•w COOP• CD 181/4� -CASTr'ALUMINUN FLUtED BASE WKH AEMOVABLE 000AG(15 FLUTES AROUND O O BASE'3'0U•-1,125#WALL ALUMINUM TU81N6 G I fit _WELDED t0 BASE. �--�-Ayg"•DIA, Hattovcr�^ ,,.� EIGHT 5 6'7' 9;10' I IM16Y'E WI TH .Ir R 1 FRO AND BASE ASSEMBLY OP TO OUTLET Uv(A 10 i REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-5 Via: Ray Windsor, City Man er Meeting Date: 4/14/92 From: Arther R. Montandon, City Attorney SUBJECT: Proposed City Council policy regarding City Attorney opinions (cont'd from 3/24/92) RECOMMENDATION: That the City Council review, comment and consider adoption of the attached proposed policy. • BACKGROUND: Members of the City Council have, at a previous City Council meet- ing, expressed concern regarding the cost associated with requiring the City Attorney to respond to every request for a legal opinion. The Council did recognize the need to respond to the relevant legal inquiries of the public, appointed officials, individual elected officials and City employees. Competent legal guidance is essen- tial to the proper functioning of city government. Conversely, to provide legal advice to each and every inquiry would not only be very costly but an inefficient use of city funds. This is particu- larly true given the present financial constraints faced by the City. In order to provide cost-effective legal advice, the City Council asked that a policy regarding requests for legal advice be drafted for consideration by the Council. This proposed policy is offered for Council consideration. If adopted, it will guide staff and Council in determining when the City Attorney should respond to legal inquiries. ARM:cw 00011.1 City Council Policy Date: April 14, 1992 Subject: Requests for Legal Advice Purpose: To provide for the cost-effective use of the legal ser- vices of the City Attorney, recognizing the need for legal advice and the economic constraints faced by the City. Policy: The City Attorney shall obtain City Council approval to respond to requests for opinion where the total time to respond will take more than one billable hour and/or said request is initiated from outside Council or staff. In addition, the City Council shall continue to approve the utilization of special counsel services for long-term projects or non-personal injury litigation. This policy shall not be applicable to confidential matters or mat- ters that, due to their nature, require an immediate response, in which case the Mayor and/or City Manager shall give authorization. • 2 0001.12 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: From: Ray Windsor, City Manager Meeting Date: 1/28/92 SUBJECT: City Attorney Opinions RECOMMENDATION: Request Council review this report and provide direction to staff. BACKGROUND: The present policy with respect to requests for legal advice was established by Council at the end of 1988, which essentially left the discretion for such requests in my hands. Council acknow- ledged this more from the standpoint of the convenience factor in having someone able to respond in a timely fashion to needed legal opinions, even though from a control standpoint the City Attorney is ultimately accountable to the Council and not the City Manager. The policy has worked reasonably well up until the last year when, because of a number of factors, extraordinary legal opinions were being asked for in ever-increasing numbers. Yet, it must also be noted that even routine legal requests have been proliferating. Combined, this situation has created additional burdens on Art Montandon, requiring supplemental legal assistance and, of course, our overall costs have grown disproportionately to costs in other areas of our operations. At this point, I would ask that Council provide direction as to whether or not they desire to see me continue to play any role with respect to requests for legal opinions or would prefer to sub- stitute some other mechanism short of bringing every' request before the Council at a regular meeting. RW:cw Attachments: Chapter 5, Atas. Municipal Code 2-5.01 -2-5.02 } CHAPTER S. CITY ATTORNEY Sec. 2-5.01 . Creation. (a) The office of the City Attorney is established. It shall consist of the City Attorney and such assistants as may be authorized -by the Council. The City Attorney shall administer the office and be responsible for the successful performance of its functions. He shall serve under the direct supervision and control of the Council as its legal advisor. (b) The Council may retain or employ other attorneys, assistants, or special counsel as may be needed to take charge of any litigation or legal matters or to assist the City Attorney therein. (Ord. 1 l § 1 , 1979) Sec. 2-5.02. Functions. The functions of the office of the City Attorney shall be to: (a) Advise the Council and all City officers in all mat- • ters of law pertaining to their offices; (b) Furnish legal service at all meetings of the Council, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the Council or by any of the boards and commissions or officers of the City; (c) Prepare and/or approve all ordinances, resolutions, agreements, contracts, and other legal instruments as shall be required for the proper conduct of the business of the City and approve the form of all contracts and agreements and bonds given to the City; (d) Prosecute on behalf of the people misdemeanor and infraction cases for violation of City ordinances when so di- rected to perform this function by resolution of the Council; and 69 2-5.02 (e) Perform such other legal duties as may be required by the Council or as may be,,necessary to complete the per- formance of the foregoing functions. (Ord. 11 § 2, 1979) i 70