HomeMy WebLinkAboutResolution 2004-008 RESOLUTION NO. 2004-008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
CONTINUING PROCLAMATION OF EXISTENCE OF A LOCAL
EMERGENCY AND AUTHORIZING EMERGENCY CONTRACTING
PROCEDURES
(by City Council of Atascadero acting through its Mayor)
WHEREAS, Atascadero Municipal Code Title 4 Chapter 4, Emergency
Organization and Functions, empowers the Director of Emergency Services to proclaim
the existence or threatened existence of a local emergency when said city is affected or
likely to be affected by a public calamity and the City Council is not is session; and
WHEREAS, the Director of Emergency Services of the City of Atascadero did
find;
That conditions of extreme peril to the safety of persons and property have arisen
within said city, caused by earthquake; and
That the City Council of the City of Atascadero is not in session (and cannot be
immediately be called into session);
WHEREAS, the Director of Emergency Services did, based upon those findings,
delare a local emergency pursuant to local, State, and Federal Law, on December 23,
2003; and
WHEREAS, the City Council convened for an emergency meeting pursuant to
State Law at the earliest possible time and within 7 days of such proclamation on
December 24, 2003, which meeting was duly noticed pursuant to the emergency
meeting procedures contained in the Ralph M. Brown Act; and
WHEREAS, The City Council also ratified and authorized the use of emergency
contracting powers by the City Manager; and
WHEREAS, The City Council revisited the issues and proclaimed the
continuation of the emergency and re directed the City Manager to take direct and
immediate action to restore public facilities on January 13, 2004; and
WHEREAS, The City Council is required to revisist those resolutions within at
least 21 days for them to remain in force, and
WHEREAS, the conditions of extreme peril to the safety of persons and property,
and the conditions authorizing the use of emergency contracting powers by the City
Manager did and still exist within Atascadero, caused by earthquake and subsequent
after shocks.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that:
1. The Resolutions proclaiming an emergency and authorizing and direct the City
Manager to take direct and immediate action to restore public buildings and services are
hereby continued in full force and effect; and
2. A local emergency now and still exists throughout the City of Atascadero; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of
said local emergency the powers, functions, and duties of the emergency organization
of this city shall be those prescribed by state law, by ordinances, and resolutions of this
city, as approved by the City Council
This resolution was unanimously adopted by the City Council of the City of Atascadero
at the special meeting held for that purpose on January 27, 2004 at 8930 Morro Rd.
Atascadero, California, and the Mayor was dire ted to execute it.
Dated: D By:
Dr. Ge `rge Luna, Mayor
City Of Atascadero
RESOLUTION NO. 2004-009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, REPEALING RESOLUTION NO. 1998-014 AND UPDATING
THE AUTHORIZATION OF CERTAIN CITY REPRESENTATIVES TO
EXECUTE STATE OFFICE OF EMERGENCY SERVICES DOCUMENTS
FOR CERTAIN FINANCIAL ASSISTANCE
WHEREAS, The City Council of the City of Atascadero must designate certain City
representatives to execute assurances and agreements pursuant to the laws of the State
of California, Office of Emergency Services; and
WHEREAS, the City Council of the City of Atascadero adopted Resolution No.
1998-014 authorizing certain City representatives to execute State Office of Emergency
Services documents for certain financial assistance; and
NOW, THEREFORE, BE IT RESOLVED, the City of Atascadero Resolution No.
1998-014 is now repealed, and the following named individuals shown on the attached
OES Form 130, are hereby authorized to execute for, and on behalf of, the City of
Atascadero, a public entity established under the laws of the State of California,
applications and documents for purposes of obtaining certain federal financial assistance
under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1988 and/or state financial assistance under the Natural Disaster
Assistance Act.
On motion by Council Member Clay and seconded by Council Member O'Malley,
the foregoing resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
NOES: None
ABSENT: None
DATE ADOPTED: January 27, 2004
ATTEST: ClT OF ATASCADERO
MARCIA MCCLURE TORGER N, C.M.C. bR. GE GE LUNA
City Clerk Mayor
APPROVED ASTO ORM:
o7,�-,�
RO HANLE
City rney
State of California
OFFICE OF
EMERGENCY SERVICES
P.A. No.:
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
BE IT RESOLVED BY THE City Council OF THE City of Atascadero
(Governing Body) (Name of Applicant)
THAT City Manager OR
(Title of Authorized Agent)
Director of Administrative Services OR
(Title of Authorized Agent)
Deputy Director of Administrative Services
(Title of Authorized Agent)
is hereby authorized to execute for and in behalf of the City of Atascadero ,
a public entity established under the laws of the State of California,this application and to file it in the Office of
Emergency Services for the purpose of obtaining certain federal financial assistance under P.L.93-288 as amended
by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance
under the Natural Disaster Assistance Act.
THAT the_City of Atascadero a public entity established under the laws of the
State of California,hereby authorizes its agent(s)to provide to the State Office of Emergency Services for all matters
pertaining to such state disaster assistance the assurances and agreements required.
Passed and approved this 27th day of January 2004
George Luna,Mayor
(Name and Title)
Wendy Scalise,Mayor Pro Tem
(Name and Title)
Jerry Clay,Sr.,Council Member
(Name and Title)
Tom OMalley,Council Member
(Name and Title)
Becky Pacas,Council Member
(Name and Title)
CERTIFICATION
I,_Marcia McClure Toreerson duly appointed and City Clerk of
(Name) ("title)
the City of Atascadero do hereby certify that the above is a true and correct copy of a
resolution passed and approved by the City Council of the Cit} of Atascadero on
the
(Governing body) (Name of Applicant)
27`h, day of January ,2004.
Date: February 2,2004
Atascadero City Clerk
(Official Position
(Signature)
DES Form 130(10/97)DAD Form
RESOLUTION NO. 2004-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO GRANTING APPEAL 2003-0002 APPROVING A TREE
REMOVAL PERMIT TO ALLOW THE REMOVAL OF TEN NATIVE
OAK TREES LOCATED AT 8270 TOLOSO ROAD
(TRP 2003-0039/MESSER)
WHEREAS, an appeal of the Planning Commission's action to deny an application for
Tree Removal Permit 2003-0039 has been received from Mike Messer, 9265 Carmelita Avenue,
Atascadero, California 93422; and,
WHEREAS, Tree Removal Permit 2003-0039 requested the removal of native trees
located at 8270 Toloso Road; and,
WHEREAS, the proposed project site is located within the Rural Estates land use
designation of the City of Atascadero's General Plan; and,
WHEREAS, the proposed project site is located in the Residential Suburban zoning
district; and,
WHEREAS; the Planning Commission reviewed the proposed Tree Removal application
on September 16, 2003, at 7:00 p.m. in the Rotunda Room of City Hall located at 6500 Palma
Avenue and considered testimony and reports from staff, the applicant, and the public; and,
WHEREAS, the Planning Commission determined that the necessary findings for native
tree removal could not be made as the project was designed and directed the applicant to revise
the proposed development to preserve additional native trees on the project site, and
WHEREAS, the Planning Commission reviewed the revised proposal for Tree Removal
application on October 7, 2003, at 7:00 p.m. in the Rotunda Room of City Hall located at 6500
Palma Avenue and considered testimony and reports from staff, the applicant, and the public;
and,
WHEREAS, the Planning Commission determined that the necessary findings for native
tree removal could not be made based on the revised project design and thereby adopted
Resolution 2003-0091, denying TRP 2003-0039, and
WHEREAS, the applicant, Mike Messer, has filed an appeal of the Planning
Commission's action to deny Tree Removal Permit 2003-0039, and
WHEREAS, the City Council reviewed the appeal of the Planning Commission action
on November 25, 2003, at 7:00 p.m. in the Rotunda Room of City Hall located at 6500 Palma
Avenue and considered testimony and reports from staff, the appellant, and the public; and,
City of Atascadero
Resolution No.2004-010
Page 2 of 7
WHEREAS, the City Council directed the appellant to revise the proposed development
to preserve additional native trees on the project site, and;
WHEREAS, the City Council reviewed the revisions submitted by the appellant on
February 10, 2004, at 7:00 p.m. in the Lake Pavilion located at 9315 Pismo Street and considered
testimony and reports from staff, the appellant, and the public; and.
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Approval of Tree Removal Permit. The City
Council finds as follows:
The tree is obstructing proposed improvements that cannot be
reasonably designed to avoid the need for tree removal, as certified
by a report from the Site Planner and determined by the Community
Development Department based on the following factors:
1. Early consultation with the City;
2. Consideration of practical design alternatives;
3. Provision of cost comparisons (from applicant) for
practical design alternatives;
4. If saving tree eliminates all reasonable uses of the
property; or
5. If saving the tree requires the removal of more desirable
trees.
SECTION 2. Approval. The City Council hereby approves Tree Removal Permit 2003-
0039 subject to the following Conditions and Exhibits:
Exhibit A: Tree Mitigation Table
Exhibit B: Conditions Of Approval
Exhibit C: Tree Protection Plan
Exhibit D: Site Plan
City of Atascadero
Resolution No.2004-010
Page 3 of 7
On motion by Council Member Scalise, and seconded by Council Member Clay the foregoing
Resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members Clay, Pacas and Scalise
NOES: Council Member O'Malley and Mayor Luna
ABSENT: None
ABSTAIN: None
ADOPTED: February 10, 2004
CIT OF ATASCADERO, CA
Dr. orge Luna, Mayor
ATTEST:
MW14"
Marcia McClure Torgerson, City Clerk
APPROVED AS TO FORM:
L a. $4:'� —
Roy . anley, City Attorn
City of Atascadero
Resolution No.2004-010
Page 4 of 7
Exhibit A:Tree Mitigation Table
Tree Mitigation Table 1
Eleecjeen Naffw Trees(kx*=) Deciduous Nobwe Tkm(inches) Tatals
cfbh noses doh nodes
1 124d-es Lie 03k 1 nr dies w ite c�
2 5 ind-es
3 8-indles
4 14•indies
5 10 irxhes
6 21Ard-es
7 12 irdhes
8 8-ird-es
9 12 indies
TOM 12 indies Rid 1134ndies 12544 dms
Tree Fuld Payrrgrt: $ 100.00 Tree Fixed Payrft: $ 1,883.33 $ 1,983.33
City of Atascadero
Resolution No.2004-010
Page 5 of 7
EXHIBIT B: Conditions of Approval for TRP 2003-0039
Conditions of Approval Timing Responsibility Mitigation Measure
TRP 2003-0039 /Monitoring
PR:Prior to Removal PS:Planning Services
BL:Business License BS:Building Services
BP:Building Permit FD:Fire Department
TO:Temporary Occupancy PD:Police Depadment
F0:Final Occupancy CE:City Engineer
WW:Wastewater
CA:City Attorney
Planning Services
1. The applicant shall pay$1,983.33 into the tree fund as FO PS
mitigation for the tree removal as shown in Exhibit A of the
City Council Resolution approving this project. Should the
number of necessary tree removals be decreased or
increased through project alteration,the total fee shall be
recalculated based on the requirements set forth in the
Atascadero Native Tree Ordinance.Any additional removal
request for trees in excess of 24"dbh will require Planning
Commission approval.
2. No tree removals shall be allowed prior to the issuance of an BP PS
approval letter.
3. All underground utilities shall be routed within the proposed BP PS
driveway.
4. Native trees with greater than 50%dripline encroachment BP PS
shall require a mitigation deposit consistent with fee
requirements set forth in the Atascadero Native Tree
Ordinance. Deposits shall be refunded once a certified
arborist establishes a high chance of survivability for such
impacted trees.
5. A Pre-construction meeting shall be required prior to BP PS
building permit issuance.
6. Monitoring of construction activities by a certified arborist
shall be required throughout the entirety of the project.
7. Prior to building permit final,a letter from the certified project
arborist certifying construction activity in relation to on-site
trees shall be required.
8. All development shall be consistent with the City Council BP PS
approved site plan of February 10,2004 shown in Exhibit D
and the tree protection report shown in Exhibit C.
City of Ataf3cadero
Resolution No. 2004-010
Page 6 of 7
EXHIBIT Q Tree Protection Plan for TRIP 2003-0039
TWE UP.—WR(
TECTION,rRLSFRYAJJ0N.AND OVAL
PLEPORT:
8270'rolo-o Rd,Atasc.
A
This is a wooded parcel with'some 270 trees, The proposed site disturbance requires less
than 5%of forest impact.This represents a preservation of over 95%of existing forest.
To accommodate the new construction.a maximum of 10 trees will be rcuovcd.A list of
these trees are included(see #1-10). A list of trees close to disturbance areas which may
be impacted,are identified for implementation of tree protection mitigation measures(see
#A-U).All trees in Close proximity will be pruned and will be monitored by Art
Tonneson,Arborist or by his authorized representative to the standards of the
intemational Society of Arboriculture.
0 Tree protection measures shall be in place and prior W issuance of
building/construction permits for this project.
0 Tree fencing shalt consist of minimum 4-foot high chain link,snow or safi!ty fence
staked at the drip line or at the line of encroachment shown for each tree or group
of trees.
0 Trees to be removed shall be identified with pink or red flagging.
U A tree removal permit shall be posted and visible from the street.
Cl, All existing tree,;shall remain unless other wise noted.
Ll Low branches in danger of being torn form trees shall be pruned prior to the start
of any heavy equipment work.
13 Any roots two inch or greater in diameter that are encountered during excavation
shall be clean cut by hand and scaled with an approved tree sea].
U Velicles and stockpiled material shall be stored mrl:sile the drip line of the trees to
remain.
El The Precise Grading Plan shall identify tree protection fencing around the drip line
of each existing on-site tree and/or native shrub mass within 20 feet of
construction activity.
U Grading and excavation and grading work shall be consistent with the City of
Atawadero Tree Ordinance. Special precautions when working around native
trees include:
1. All existing trees outside of the limits of work shall remain.
2. Earthwork shall not exceed the limits of the project area.
3. All trees within the area of work shall be fenced for protection with
4-foot chain link,snow,or safety fencing placed per the approved
tree protection or grading. Fencing shall remain in place until
completion of all construction activities.
CI The deve4oper shall contract with a certified arbodst during aU phases of project
implementation. The certified arborists"be responsible for monitoring the
project during all phases of Construction through project completion,as follawc
A)A written agreement between the arborist and the developer outlining a
arborist monitoring schedule fbr each construction phase through final
inspection
8)As specified by the arborist report.
a)Prunc alt hw%in active developtnent arms to be
saved for structural strength and crown cleaning by a
licensed and Certified arborist;
In locations Where paving is to occur within the tree canopy,. No
grading or trenching is allowed within the fenced protected area;
Any roots that are 4 inches in diameter or larger am not to be,cut
until inspected and approved by die on-site arborist.
C)Upon PMjm Completion and prior to final occupancy a final status
report shall be prepared by the project arborist codifying that the tree
protection plan was implemented,the trees designated for protection were
protected during coasUuction,and the cot strucdon-related tree protection
measures are no longer required for tree protection.
Signed Date /:L1rs*X<7—.:7
Certified Arborist'License#199
City of Atascadero
Resolution No. 2004-010
Page 7of7
EXHIBIT D: Site Plan for TRP 2003-0039
- gAa�ar, ,S
Y.—
( I ('mv
i..._ _.._
----------- \Y y )
�
I C r r.f v�'Y'•'1? i C� \ aw��+ �� �,,.�r.,r. c..n:.w,e�
o
q.9�NY
! M
1
mbar,tY'»Nm
1lY�l / I. � 0.1a�.'O k.1AYAMR
lj n.r..hT WA !Y .wu i £� I eaPMK�A
I I C � f4ar9T.1Y �
P/A F.a5l-6EP�aW
CC ..«.a .f"r'r'""1 � �L,- inr.sra,• _.. -- rm..,.j
Os Af4iC.jjj1 B02o I1 �
e
I ra �5 � � � �•.ea ! ��eta (C � ' _,ate"� ,
JjI.JJ t •.
, I
t-
III , Artaxrw•�JQv�f w
fn Fawsr ri"rn
ri I r as evice m nn
.11YY�YI7
r � u
i '+-'i-� .,y4 ✓ Z4 X:9UER'A Sari
..1 / � 'amR`• „� �_.� t> •)� / ;�wsr.�u,Pxnr2'crii
,