Loading...
HomeMy WebLinkAboutMinutes 010990 APPROVED AS READ l/23/9O ATASCADERO CITY COUNCIL MINUTES JANUARY qn 89qO The regular meeting of the Atascadero City Council was called to order at 7:02 p .m. by Mayor Dexter . The Pledge of Allegiance was led by Art Montandon. ROLL CALL: Present : Councilmembers Shiers, Lilley, Borgeson, Mackey and Mayor Dexter Staff Present : Ray Windsor , City Manager ; Henry Engen, Community Development Director ; Mark Joseph , Administrative Services Director ; Bud McHale, Police Chief; Andy Takata, Director of Parks, Recreation and Zoo ; Arther Montandon, City Attorney; Boyd Sharitz , City Clerk and Lee Dayha, Deputy City Clerk COUNCIL COMMENTS: Councilwoman Borgeson reported that she had received some positive comments from the public regarding the noticing and enforcement of burning regulations. Councilwoman Mackey announced that the 25th Anniversary of the Atascadero Historical Society would be celebrated on Thursday, January 11th from 1 :00 to 4:00 p .m. during an Open House in the City Museum. She extended an invitation to all . Mayor Dexter wished all a Happy New Year and invited public participation at the meetings. He reminded everyone to maintain dignity and decorum. Andy Takata introduced Michael Walsh as the newly hired custodian. COMMENTS :PUBLIC George Highland , 7275 Carmelita, urged the commercial public to conserve water , Miles Wemp , 3600 Traffic Way, stated that while he was in support of the Tree Ordinance, he felt that there should be a provision CC1/9/90 1 ` for giving permission to cut down trees when they are obviously dead . Mayor Dexter explained that the Tree Ordinance is currently being rewritten and that a public hearing will be conducted on its ' completion. Doug Lewis, P.O. Box 1017 in Atascadero , asked Council to allow a burn day to allow the public to dispose of tree prunings before the predicted storm makes the area too wet for burning . Brief discussion followed regarding the need for a chipper and Councilwoman Borgeson asked that the Council put this on the agenda for a future meeting . Irene Bishop , 7151 Serena Road and representing the Atascadero Community Band , announced a fund raising concert on Tuesday, January 30, 1990 at 7:00 p .m. in the San Gabriel School Auditorium. Karen Coniglio , 7600 Graves Creek Road and representing a group of homeowners, spoke regarding their letter of November 14, 1989 addressed to Henry Engen regarding resident concerns about Atascadero roads. She stated that the letter was distributed to the Planning Commission without the second page and presented a copy of the entire letter to each member of the Council (see Exhibit A) . A. CONSENT CALENDAR: 1 . DECEMBER 12, 1989 CITY COUNCIL MINUTES 2. NOVEMBER 21 , 1989 JOINT PLANNING COMMISSION/CITY COUNCIL MINUTES 3. CITY TREASURER'S REPORTS — OCTOBER AND NOVEMBER, 1989 4. FINANCE DIRECTOR'S REPORTS — OCTOBER AND NOVEMBER, 1989 5. RESOLUTION NO. 2-90 — RATIFYING THE REVISED JOINT EXERCISE OF POWERS AGREEMENT FOR CENTRAL CAST CITIES SELF—INSURANCE FUND 6. RESOLUTION NO. 2-90 — RENEWING THE CITY'S ELIGIBILITY N THE FEDERAL SURPLUS PROPERTY PROGRAM 7. RESOLUTION N0. 3-90 — AUTHORIZING THE FILING OF ANNUAL CLAIM FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS 8. TENTATIVE PARCEL MAP n-89, 10955 SAN MARCOS RD.— Consideration of Planning Commission recommendation to deny CCl/9/90 2 request to subdivide 20.52 ac . into two lots of 4.52 ac . and 16.0 ac . (Highfill/Stewart ) 9. RESOLUTION NO. 4-90 - ESTABLISHING A MONUMENT WELL STANDARD FOR THE CONSTRUCTION OF MONUMENT WELLS 10. S.L.O. COUNTY REGIONAL TRANSIT AUTHORITY JOINT POWERS AGREEMENT 11 . RESOLUTION NO. 5-90 - ADOPTING BY-LAWS FOR THE CITY'S RECYCLING COMMITTEE 12. MEMBERSHIP IN S.L.O. COUNTY FILM COMMISSION Councilwoman Borgeson pulled item #7 for discussion. MOTION: By Councilman Shiers and seconded by Councilwoman Mackey to approve the Consent Calendar with the exception of item #7 regarding TDA funds; passed unanimously by roll call vote. Councilwoman Borgeson asked for a report from Mark Joseph , who explained that this is the Council ' s annual authorization for the allocation of funds. He reported that there was a surplus in the Dial-a-Ride program and that the excess funds would be used for street overlay programs. Councilwoman Borgeson stated that during budget review time, the Council should look at this matter and consider Saturday service for Dial-A-Ride. MOTION: By Councilwoman Borgeson and seconded by Councilman Lilley to approve Resolution 3-90 authorizing the filing of annual claim for Transportation Development Act Funds; passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1 . PROPOSED ADOPTION OF MODEL CODES AND TITLE 8 BUILDING REGULATIONS: A. Ordinance No. 199 - AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 8 (BUILDING REGULATIONS) TO THE ATASCADERO MUNICIPAL CODE AND ADOPTING BY REFERENCE, THE UNIFORM CODE FOR BUILDING CONSERVATION INCLUDING ALL APPENDICES (LATEST PRINTING) , THE UNIFORM ADMINISTRATIVE CODE, 1985 1988 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS1 THE UNIFORM BUILDING CODE, INCLUDING APPENDIX CHAPTERS 7, 32, 350 389 57 AND 700 1985 1988 EDITION, AND THE CCl/9/90 3 0 UNIFORM BUILDING CODE STANDARDS, ALL PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL ELECTRICAL CODE, 1987 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM PLUMBING CODE, INCLUDING ALL APPENDICES, 1985 1988 EDITION, AND THE IAPMO INSTALLATION STANDARDS, 1985 1988 EDITION, ALL PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND THE INTERNATIONAL ASSOCIATION OF BUILDING OFFICIALS; THE UNIFORM MECHANICAL CODE, INCLUDING ALL APPENDICES, 1985 1988 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1985 1988 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SIGN CODE, 1985 1988 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM FIRE CODE, INCLUDING APPENDIX CHAPTERS I-A, I-B, I-C, II-A, II-B, II-D, II-E, III-A, III-D, IV-A, V- AND VI-A, VI- B, 1985 1988 EDITION, AND THE UNIFORM FIRE CODE STANDARDS, 1985 1988 EDITION, PUBLISHED BY THE WESTERN FIRE CHIEFS ASSOCIATION AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM HOUSING CODE, 1985 1988 EDITION, PUBLISHED BY THE CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, 1985 1988 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, ALL AS AMENDED. (SECOND READINGS Recommend motion for adoption Ord. No. 199 Roll Call Vote) There was no discussion. MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to approve Ordinance No . 199 on second reading by Title only; passed unanimously by roll call vote. MOTION: By Councilman Lilley and seconded by Councilwoman Mackey to adopt Ordinance No . 199; passed unanimously by roll call vote. 2. REVISIONS TO TERMS OF PLANNING COMMISSIONERS A. Ordinance No. 200 - Amending Sections 2-9.02, 2-9.03 and 2-9.04 of the Atascadero Municipal Code revising the terms of office of the Planning Commissioners (SECOND READING: Recommend motion for adoption of Ord. No. 200 - Roll call ) CC1/9/90 4 There was no discussion. MOTION: By Councilman Shiers and seconded by Mayor Dexter to adopt Ordinance No . 200; passed unanimously by roll call vote. 3. TAPE RECORDING OF CITY COUNCIL MEETINGS A. Ordinance No. 201 - Repealing Section 2-1 . 19 of the Atascadero Municipal Code, which regulated the recordation of Council meetings (SECOND READING: Recommend motion for adoption of Ord. No. 201 - Roll call ) There was no discussion. MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to waive the reading and adopt by title only Ordinance No . 201 ; passed unanimously by roll call . 4. ZONE CHANGE 12-89, 2025 EL CAMINO REAL (Folkins & Folkins, Inc . ) A. Ordinance No. 202 - Amending Map 4 of the official zoning maps by rezoning certain real property at 1950/2000/2025 E1 Camino Real from CN to CT (FIRST READING: Motion to ( 1 ) waive reading of ordinance in full and approve by title only - Voice vote; (2) motion to approve Ord. No. EQ9 on first reading - Roll call ) Henry Engen gave staff report summarizing the request of Folkins & Folkins to change the zoning from Commercial Neighborhood to Commercial Tourist . He stated that the owners had originally requested a Conditional Use Permit to operate a cardlock gas station/mini-mart on the property, but had been turned down by the Planning Commission. The applicants were then encouraged to pursue the zone change. Mr . Engen reported that the General Plan identifies the area as Retail Commercial which could be Commercial Neighborhood , Commercial Tourist or Commercial Retail zoning and still be consistent with the Plan. He stated that the Council was only looking at a zoning change and that the site plan and follow-up were not the present issue. Based on the Findings of Approval in the Draft Ordinance, Mr . Engen recommended to waive the reading of the full ordinance, approve by title only and introduce on CCI/9/90 5 first reading . Mr . Engen responded to Councilwoman Borgeson ' s questions regarding other CT zoned areas in Atascadero stating that there were approximately 60 acres in that zone and summarized their locations. Councilwoman Mackey asked , if the Council were to approve the zone change, what kind of review process the project would follow. Mr . Engen explained that a precise plan would be filed , neighbors would be notified and an appeal opportunity would be provided . Further Council discussion followed regarding CT and Commercial Neighborhood zoned acreage. COMMENTS:PUBLIC Dan Folkins, applicant , spoke in favor of the proposed project . He gave a brief background . on his family business and elaborated on the service they wish to provide to the community. He stated that the location was ideal for freeway access and that trucks would be able to fuel up within a five minute period . He emphasized that the proposed use is not a truck stop and that the mini-mart would not sell alcoholic beverages. Robert Nimmo , 7375 Bella Vista, urged the Council to take a look at the allowable uses under CT zoning. Ardean Werner , 4999 Del Rio Road , asked the Council to consider the additional traffic generated following completion of the new elementary school . Terry O ' Farrell , 4840 Del Rio Road , spoke in opposition to the project stating that the neighborhood does not need an additional gas station/mini-mart and made reference to those already in existence. He said that it would make more sense to put this type of project in an area that is already zoned Commercial Tourist . Geraldine Brasher , 3202 Monterey Road and a member of the Planning Commission, stated that she had voted against this project because she felt that the City needs to take a serious look at the uses in CT before further decisions are made. Martin Kudlac , 4740 Del Rio Road and representing homeowners , living in the area of the proposed zone change, presented a petition opposing the project (see Exhibit B) . He stated that CC1/9/90 6 if the property in question is changed to CT and a cardlock fueling facility is installed , it will have a definite impact on the safety and lives of both children and adults because of increased traffic created by large diesel trucks stopping for fuel . Mr . Kudlac debated the proposed fueling times. He further voiced the concerns of area residents by explaining to the Council that they were not against a project of this nature, but felt that the proposed property was not the right place for it . Brad Folkins, 852 Sunshine Court in Santa Maria, addressed issues brought forward by Mr . Kudlac stating that he did not foresee a large increase of big rig usage and reiterated short fueling times. He indicated that the original request was to rezone .65 acres and that it was the Planning Commission who recommended rezoning the additional lots. Randolph Lawrence, 4600 Obispo Road , opposed the proposed project because of the increase in traffic it would create. Further Council discussion followed . Henry Engen answered Council questions regarding the General Plan revision and whether or not it would reflect a change of this type. Councilman Lilley stated that he would be very uncomfortable voting for a zone change or any other modifications for this zoning until it has had a full public hearing . It was the consensus of the Council that staff needs to give a comprehensive review of allowable uses in each of the designated commercial zones, clarify the descriptions of those uses, hold public hearings and work more closely with applicants to ensure development consistent with those zones. Dan Folkins addressed the Council once more describing his company ' s original intent . He explained that they had wanted to put in a commercial fueling system only but City staff had advised that , because of the CN zoning , they provide more of a service to the community. Mr . Folkins reiterated that Folkins & Folkins is a small business, has spent a lot money to get this project going and expressed disappointment stating that now they did not know what they could do with the property. Mayor Dexter responded to Mr . Folkins stating that the City would be willing to work with him in trying to find a location for his service in Atascadero. He then asked the Community Development Director what could be appropriate zoning be for this type of service to which Mr . Engen replied Service Commercial . CC1/9/90 7 MOTION: By Councilman Lilley and seconded by Councilwoman Borgeson to deny the zone change request of Folkins & Folkins at 2025 El Camino Real ; passed unanimously by roll call vote. Mayor Dexter asked the Community Development Director to begin the process of examining the uses, particularly in the commercial zones. Mr . Engen stated that this has been identified as the key issue in the General Plan rewrite and that the revision of the Zoning Ordinance should be the City ' s number one priority project following the General Plan adoption. Mayor Dexter recognized the need for a cardlock station and asked the Folkins not to give up on the City. He stated that a suitable area could be found for such a outlet . Councilman Lilley asked the City Attorney whether the Council needed to direct staff to prepare findings consistent with the denial . Mr . Montandon stated that because the Council had a legislative act before them, there was no need to prepare findings; those are normally appropriate for quasi-judicial acts ' such as conditional use permits and variances. Mayor Dexter called for a recess at 8:40 p .m. The meeting was reconvened at 8:50 p .m. 5. ZONE CHANGE 3_89 (City of Atascadero) A. Ordinance No. 203 - Amending the official Zoning Ordinance Text relative to non-conforming uses of land (FIRST READING: Motion to ( 8 ) waive reading of ordinance in full and approve by title only - Voice *^otmeN (2) motion to approve Ord. No. 203 an first reading - Roll call The Community Development Director gave staff report with recommendation to approve. Mr . Engen indicated that the applicant , Mr . L. Kent Williams, was seeking to build an additional storage building on a single family residential lot which already contains two single family dwellings (which are non-conforming ) . He stated that the current Zoning Ordinance does not permit the expansion of nonconforming uses and explained that the proposed amendment to the Zoning Text would allow for consideration by Conditional Use Permit on a case-by-case basis before the Planning Commission for unusual situations such as this. Greg Peterson, 6599 San Gabriel Road and representing the CC1/9/90 8 applicant , addressed the Council and stated that he was hoping to be the builder of the storage building . Mr . Peterson urged the Council to approve the ordinance and allow the property to be put to good use. Steve LaSalle, resident of Atascadero , asked , what kind of impact this amendment would have on some of the historical colony houses in the City. He wondered whether it would ease some of the restrictions placed on them while allowing them to stay within the architectural integrity of their building period . Mr . Engen responded that if the historical building is a non-conforming one, a conforming expansion could be allowed . MOTION: By Councilwoman Borgeson and seconded by Councilman Lilley to waive reading of Ord. No . 203 in full and approve by title only; passed unanimously. MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to approve Ord . No . 203 on first reading ; passed unanimously by roll call vote. C. REGULAR BUSINESS: 1 . PRELIMINARY REVIEW OF GENERAL PLAN AMENDMENT APPLICATIONS SUBMITTED FOR ANALYSIS AND ACTION IN THE FIRST CYCLE OF 1990 The Community Development Director stated that the Planning Commission had reviewed four General Plan Amendment applications. On the advice of the City Manager , Mr . Engen described each proposed amendment individually. Mr . Engen gave staff report with recommendations for the following : GP 1A-90 - The property, 10060 Atascadero Avenue, is located outside the Urban Services Line. The applicants are seeking to go from Suburban Single Family to High Density Single Family. The Planning Commission concurred with staff recommendation to refer this to the General Plan Update and not proceed as a separate matter at this time. GP 1B-90 - Property at 9110 Santa Barbara Road was described as a 23.5 ac . site currently designated Retail Commercial in the General Plan. The applicant is seeking a rezoning to 11 .0 acres of Recreation, 11 .0 acres of High Density Single Family and the remaining 1 .5 acres to be left as Retail Commercial . The Planning Commission concurred with staff to look at this request CC1/9/90 9 �l as a separate General Plan application outside of the General Plan rewrite. Mr . Engen responded to Council questions regarding homesites, drainage and the Agricultural Preserve adjacent to the property. The Community Development Director further stated that testimony had been taken at the General Plan neighborhood meetings from people concerned about permitted uses. Staff has encouraged the applicant to move forward in this direction rather than with an RV park because it is more compatible with the objectives of those forums. Mr . Engen additionally reported that environmental analysis and further study are needed. Mr . Engen reiterated that the Council was not considering at this time approval of the requests, only to give staff direction to proceed with studies and environmental review. He added that public hearings would also be held before the Council was asked to take action. GP 1C-90 - This request involves 62 acres at 11600 El Camino Real where the applicant is proposing a factory outlet and entertainment center . Mr . Engen indicated that this is a unique request : A zoning change from Suburban Single - Family to an undetermined General Plan and Planned Development category that would guarantee the kind of project that is being proposed . The Community Development Director reported that the recommendation of the Planning Commission is to give separate analysis to this project because it does not lend itself to making a judgment as part of the General Plan Update. He added that the project would need to go through an environmental review process, that the study area would be enlarged to allow analysis of both sides of E1 Camino Real and that the Urban Services Line would need to be expanded . GP ID-90 This request , initiated by Planning Commissioner George Luna, is to amend the text of the General Plan with regard to language on creek setbacks. It was noted that at one time, under creek policy proposals in the General Plan, access to any recreational use of the creek shall be assured by establishing building setbacks of no less than 50 feet from the bank of the creek . Mr . Engen explained that this language was deleted in 1982 or 1983 and that the Planning Commissioner is proposing to initiate a General Plan amendment to consider adding language that relates to the creek setbacks. Council concluded to take action on GP 1A-90, GP 1H-90 and GP 1C- 90 as one and discuss GP 1D-90 separately. CCI/9/90 10 ` MOTION: By Councilwoman Mackey and seconded by Councilman Lilley to approve the Planning Commission recommendations for GP 1A-90, GP 1B-90 and GP 1C-90; passed unanimously. Council continued with discussion of GP 1D-90 regarding creek setbacks. Mr . Engen clarified by stating that the request is to establish specific creekway building setback standards in the General Plan and give the Planning Commission latitude to look at additional solutions and the parallel zoning action to implement a setback strategy. Councilman Lilley asked if the Council was being asked to vote to restore the language that existed at one time. Mr . Engen responded that the Council was being asked to start the study process to bring back language that deals with appropriate setbacks along the creekway. Council discussion followed regarding creek protection and the proposed 50 foot setback and determination of such . Councilman Lilley suggested adoption of an interim ordinance that would require building permits for any structure within 50 feet of the creek to be subject to Conditional Use Permit until a specific creekway plan is finalized and adopted . Councilwoman Borgeson opposed the CUP process, stating that it was very discretionary. She supported establishing a 50 foot creekway building setback in the General Plan with exceptions only if public benefit can be shown. Mayor Dexter supported establishing a setback that would protect the creek but opposed a rigid standard without means for adjustment , such as a CUP. Lengthy Council debate followed. The City Attorney interjected by stating that the Council seems to be in agreement that something needs to be done now to protect the creekbed until it can be studied further . He observed that the Council did not want a moratorium for construction and that some exceptions should be made. Mr . Montandon reminded the Council that what they had before them was a policy review of a proposed General Plan amendment and advised that anything done quickly should be done as an emergency ordinance; one that could be brought back in a short period of time that would address all their concerns. Mr . Montandon suggested to the Council that they direct staff to prepare an interim emergency ordinance that would CC1/9/90 11 �1 require a strict CUP standard and that it be effective immediately upon first reading . Councilwoman Borgeson asked the City Attorney if a requirement of an emergency ordinance was to show protection of health, safety and welfare of the public . Mr . Montandon stated that those findings could be made as the creek is an aesthetic and natural resource of the City. Mr . Montandon added that an Urgency Ordinance would require a 4/5 vote of the Council to approve. Councilman Shiers stated that he would like to see any exceptions to the setback be very strict in order to protect the creek . He expressed his concerns with the CUP process and implied that there may be other ways of imposing stricter conditions on what type of development would be allowed close to the creek . Mayor Dexter clarified that there were two things before the Council : 1 ) the development of the Creekway Plan and 2) the emergency ordinance to be implemented in the interim. Henry Engen supported establishing a interim setback by developing the interim ordinance and to initiate GP 1D-90 as a study item that would carefully evaluate this issue. Further discussion ensued regarding the concept of the interim ordinance. Mayor Dexter expressed support of the such an ordinance. Councilwoman Borgeson opposed such an ordinance and to the CUP process. Councilwoman Mackey stated that she felt the Council should take a fast-track action. George Luna addressed the Council clarifying that the 50 foot setback is a minimum standard . He stated that there is no proposal to put specific setbacks in the General Plan and explained that the proposed amendment is two fold : To give clear policy by establishing minimum setbacks in a creek ordinance and in the interim, protect the creeks and their banks as mandated in other sections of the General Plan. He stated that a CUP process, unless it establishes building setbacks, could not be consistent with the General Plan. Mr . Luna, quoting from the Planning Commissioner ' s handbook , stated that amendments should only be made when in the public interest and every commissioner or councilperson should be able to make the following four findings: ( 1 ) is the amendment in the public interest , (2) does the amendment advance community goals, (3) if the amendment creates a ripple affect necessitating other changes to the plan, are those related changes being considered at the same time and (4) will the amendment necessitate changes in zoning or other ordinances and are those changes to be CC1/9/90 12 ` considered in a reasonable time. To support his statements in favor of the proposed amendment , Commissioner Luna read portions of the Land Use Element pertaining to long term protection of environment and areas of open space available for recreation, including the banks and beds of Atascadero and Graves Creek . Additionally, Mr . Luna read excerpts from an October 1988 memo from former City Attorney Jeff Jorgenson, a portion of the Santa Cruz General Plan and the Government Code to further sustain his proposal . He urged the Council to fulfill the twelve-year old process to protect the City creeks. PUBLIC : Lee Rush , 7475 Carmelita, opposed the creek setbacks and stated that he owns a portion of the creek and does not want the City to tell him what he can do with his land . Mr . Rush indicated as a member of the Atascadero Homeowner ' s Association, he was not polled for his feelings on this issue. Tim O ' Keefe, 9985 Old Morro Road East , read portions of a prepared statement and resolution (Exhibit C) submitted to the Council by the Board of the Atascadero Homeowners ` Association. He spoke supporting immediate restoration of the sentence, "Access to and recreational use of the creek shall be assured by establishing the building setback of not less than 50 feet from the bank of the creek . " back into the General Plan. He stated that the Board also supports a creek ordinance that would establish specific creek setbacks. Sarah Gronstrand , 7620 Del Rio Road , stated that she is a member of the Atascadero Homeowners ` Association. She announced that the group at-large has not heard any of the discussion and that the resolution has not been presented to them. She declared that the 50 foot setback is absurd and illogical . , look Mike Arrambide, 7243 Del Rio Road, voiced the need to oo at case law and the property rights of those that would be affected by an arbitrary setback of this size. He stated that property owners who would be losing rights to use their property would be given an opportunity to prevail in court , in terms of having the City buy that property. Bob Nimmo , urged the Council to provide adequate public notice and give ample opportunity for public input . CC1/9/90 13 �� 0 �NNv Larry Sherwin, 2755 Campo Road and creekside property owner , spoke out strongly against public access to the creek . He urged the Council to give adequate public notice before adopting an emergency ordinance stressing that he was in support of creek preservation but was against taking private property to do so . Bill Conlin, 10700 Santa Lucia, applauded the efforts to preserve the creeks but opposed the 50 foot setback standard . Mr . Conlin explained that his home is very close to the creek and that he currently is involved in what has been a long , costly process to expand his residence. He stated that a setback of this kind would make a definite impact on his family. He asked the Council to consider approving projects on a conditional basis. Celia Moss, 8040 Coromar , supported the comments of Mr . Nimmo and urged the Council to take action now. She stated that an urgency ordinance would not be locked in concrete, that it would have a time limit and would allow public testimony before the Council voted on it . Ellen Heinz , 7555 Carmelite, sympathized with problems of homeowners and supported the preservation of the creeks. Virginia Powers, 7505 Carmelita, commented that no specific action has been taken on the creek setbacks in a long time and urged the Council to consider the General Plan petition before them (see Exhibit D) indicating that signatures represented citizens from all parts of the City. She added that she would like to see more publicity next time the Council looks at this issue. Don Hardick , 7205 Carmelita Avenue, asserted that he did not feel anyone was proposing confiscation of land or that the City was going to force anyone to accept a walkpath across their land without compensation for it . He supported preservation of the creeks and asked the Council to take action now. Ursula Luna, resident of Atascadero , urged the Council to reinstate the minimum 50 foot setback standard to assure the protection of the creeks until the creek ordinance is written. She stated that it may be appropriate to allow exceptions. She asked the Council to delay no further and to treat this precious resource with respect and responsibility. Joan O 'Keefe, 9985 Old Morro Road East , identified herself as one of the members of the Atascadero Homeowners ' Committee that drafted the Creekway Resolution. Ms. O ' Keefe referred to discussions with Randy Rossi over the legality of 50 foot CC1/9/90 14 setbacks and identified reasons for creating them. She asked the Council to take into consideration the unique rural character of Atascadero and what will be of benefit to the community versus a few individuals. Steve LaSalle of Atascadero supported the reimposition of the 50 foot setback as proposed by the Homeowners ' Association Board . Dorothy Bench, 7503 Carmelita, stated that she believed very strongly in creek preservation but opposed the blanket 50 foot setback . She further declared that each parcel should be judged on an individual basis to be fair to property owners. Ms. Bench asserted that she believed the ordinance was deleted because it was illegal and told the Council that they cannot take people ' s property. COUNCIL DISCUSSION: Mayor Dexter closed public discussion and asked the Council for some definitive action. Further Council discussion ensued regarding the emergency ordinance. Mayor Dexter clarified that the Council would not be adopting an ordinance now, but would be referring to staff to draft . He further stated that ample time would be allowed for public input . The City Manager advised that an appropriate target date for looking at a draft urgency ordinance would be February 13, 1990. Henry Engen clarified for the Council that the Planning Commiss�ion recommended GP 1D-90 to proceed as a separate action from the General Plan Update and did not discuss an emergency ordinance. He advised that if the Council wished to move faster , they should go with the urgency ordinance. seconded b C MOTION: By Councilwoman Mackey and y Councilman Lilley to refer the matter to the City Attorney and the Community Development Director to prepare an urgency ordinance to be brought back to the Council at the first Council meeting in February regarding the creekway; passed unanimously. It was the consensus of the Council to proceed with GP 1D-90 as a separate hearing item. The City Clerk asked the Mayor to entertain a motion to extend the meeting past 11 :00 p .m. CC1/9/90 15 ' MOTIONm By Councilwoman Mackey and seconded by Councilwoman Borgeson to extend the meeting past 11 :00; passed unanimously. 2~ CODE VIOLATIONS - LEGAL SERVICES The City Attorney gave his report with his recommendation to adopt the proposed Code Enforcement Policy and allow the retention of Roy Hanley, Attorney at Law, as the City Prosecutor . Brief Council discussion ensued supporting code enforcement . Councilman Shiers stated that many people are concerned about the backlog and that he felt the policy should get some publicity to let the public know that the Council is doing something about it . By common consensus, the Code Enforcement Policy was adopted . The City Manager advised that no vote was necessary to retain the services of Mr . Hanley, as the City Attorney ' s contract allows him to do so . 3. SELECT CITY REPRESENTATIVE TO THE COUNTY WATER RESOURCES ADVISORY COMMITTEE Mayor Dexter appointed Councilwoman Borgeson to the committee. Ms. Borgeson accepted and the City Manager volunteered to be an alternate. INDIVIDUAL : 8 . CITY/SCHOOL COMMITTEE - Mayor Dexter reported that the next meeting was to be January 18, 1990. ^ 2~ NORTH COASTAL TRANSIT - No report . 3~ S.L.O. AREA COORDINATING Council - Councilwoman Borgeson announced the next meeting would be on January 10, 1990 from 1 :30 to 4:30 p .m. in the San Luis Obispo County Board of Supervisors Chambers to continue discussion of community transit needs. ep. TRAFFIC COMMITTEE - Councilwoman Mackey reported there had been no meeting . 5~ SOLID/HAZARDOUS WASTE MANAGEMENT COMMITTEE - Councilwoman Mackey gave her report and announced May 19, 1990 as Household Hazardous Waste Clean-up Day. 6. RECYCLING COMMITTEE - Councilwoman Mackey gave her report . CC1/9/90 16 � 7. ECONOMIC OPPORTUNITY COMMISSION — Mayor Dexter gave his report . B. FINANCE COMMITTEE — Mayor Dexter gave his report . 9. BUSINESS IMPROVEMENT ASSOCIATION — No report . 10. DOWNTOWN STEERING COMMITTEE — Report given by HE. 11 . INTERIM GROWTH MANAGEMENT COMMITTEE — No report . 12. GENERAL PLAN SUBCOMMITTEE — Mr . Engen reported . Chief Bud McHale announced that the Police Department was currently operating a radar survey and that the public may notice this equipment being used . There were no additional reports from the Council , City Attorney, City Manager , City Clerk or City Treasurer . THE MEETING WAS ADJOURNED AT 11x10 P.M. UNTIL THE NEXT REGULAR MEETING OF THE CITY COUNCIL ON JANUARY 239 1990. MINUTES RECORDED BY: ez BOYD C. SHARITZ, CITY CLERK MINUTES PREP RED BYs DAY , DEP TY CITY CLERK Attachments: Exhibit A (Letter and Petition re: City Roads) Exhibit B (Petition Against Zone Change at 2025 El Camino Real ) Exhibit C (Atascadero Homeowners ' ) Exhibit D (Petition for Creek Setbacks) CC1/9/90 17 A November 14. 1989 9985 Old Morro Rd. East Atascadero, Ca 93422 Dear Mr. Engen; In our previous correspondence to you we addressed illegal grading on Vista and 10955 San Marcos. We would like to bring to your attention additional examples of illegal grading that are taking place in western Atascadero. (1) How was it that road construction was started on Ardilla, a hillside of majestic oaks, without plans, permits and environmental review? Some 130 trees are tagged for removal to accomodate about 10 lots. How many more trees will be removed to accomodate driveways, building sites, septic and leach lines? How many lot splits can we expect from these 10 lots? How will the drainage problem be handled? (2) Why was construction allowed on Corriente Road without plans, permits and an environmental review? Deep cuts were required to construct the road on the steep oak covered slopes. Additional extensive cut and fill will be required if this road is to be completed. 3) How can a rough first cut for the continuation of San Marcos Road be made, by a major developer, without required plans, permits and an environmental review^ This is a beautiful. dense oak and laurel forest located on a steep hillside. It is blatantly obvious that many trees and other vegetation have been removed. Some four hundred additional trees have been marked for removal. This is the only site where a work stop order has been posted. All colony roads, constructed in recent years in Atascadero, appear to have been built without plans, permits and environmental reviews. The cumulative effect of all of these projects is of massive proportion. Surely, by now, the City is cognizant of the subsequent problems this Tack of planning and noncompliance with state and city laws creates for its citizens. We can't undo the past. but the future is forever and action can now be taken to mitigate the damages done. An illegal cut is not sufficient justification to continue an outlaw project in its present direction. There is still time to consider alternatives, for example, cluster housing. Environmental crimes have been committed. When is the city going to take these violations seriously? The enormous profits that can be made by illegal grading for development far out weigh the financial penalties assessed to the violator. The public expects its city officials and employees to enforce the state and city laws thereby protecting their health, safety and welfare. i As in our previous correspondence we would again appreciate a written response to the questions we have asked. In addition, pursuant to Section 150702 of Title 14 of the Cal Administrative Code we would like to be informed of all-Environmental Determinations made on roads in Atascadero. c Ray Windsor RESIDENTS CONCERNED ABOUT ATASCADERO ROADS NAME ADDRESS t �•ti —�"'�'•{.L`sJC.�C �.�lrs,.) �� + �-�Gl�� �"�Q:.l'r.4,t�l-f •'1- �- r� ; Lc';tC�'IL czn, IdS4r �iMz�a 7 057c�,z, . ✓ AQP_ i 10�� _� y jc c,'�-�j�'iTsS.�:tr, I,----- 1 r J � � r1z1C_ � ! Q 5 -:241: 7 AR7-CA 9 O� 142 p+ /066p >, ce� 2 RESIDENTS CONCERNED ABOUT ATASCADERO ROADS NAME / ADDRESS ....2 t �r X 55 5 C-7 K',4 LJes C' 7 �,S d C1 7,57C C �� �r c k �'L %�/q( ,•, �6 ��'l :'L ....1-:Z ++ -j 75CG L*-r^c i.+-t� rc�z�i° /ZC/ A �c+-f.,•r��G�/f��"� ��'" y 1-`J S � �G-'rit"'l< /�CIS _ � 2.?S�dt.,.,,� - yewr- V / r RESIDENTS CONCERNED ABOUT ATASCADERO ROADS NAME ADDRESS 4 • On Januar 9, 1990_ at 7 :00 pm,_the Atascader_o_City C_ou_ncil_w_i1_1 — either approve or not approve a zone change from commercial neighborhood—(CN)—t ocommercial tourist (CT) . The property --q u e-s t-ion -i--s--t h-e---s o u-t h/east--c-o m e-r--o f--E 1-C-a m-i n o--Rea 1--- and Del Rio Road in the city of Atascadero . If the zone _ change to commercial tourist is passed, it would allow -^ - - the�firm--of---F"o�kins--&--Folkns��---t�uil-d-a dieseT�gas--fi'ueling"""--� _ar.d----L.oc.k___S_ys-t-em_,---____.__—.__r _. By—freely -signing this petition, you are against this zone change to commercial tourist (CT) and the building 4�—`-``�-o-f ai�ieseTyga"s�Card-Cock"-fueling cen�eT-"at--lriie above _Name (print) _---- Signature Address Date G / 2. �iZO14LZ �. z4sic�/--- 3 4 . --- 5 , 6. y ? $ titin _ 9. �' r� / __.(. 1 L,.�, . `1`y�S' 0 A?iso-:Io 12 13 14 .� 5 . - FFs i ©'FA12 - C , - iJ74 Zone change petition cont . Name (print) Signature Address Date 16. --- 18,- Nice-i , lL .szev —�_ � _ - - - yDs--• d_,P � - ddsf— 6-9� 19. DL�-S2e-zu/-C20. � I 21 . 22. 23. 24. 25 . 26. 27 28. 29. 30. 31 . 32. CREEKS chem cif c-)ur A)c7-r ehaiwiog natural rte:c�urc�e�: had hoo1n dem.rropeed. . . !he- Ic?__ cit ms1 -ere mi had c?c-currad un for App, ncL-+e?. " .7r alere. w7d ,w- rh nye- n)a,(in.7 no Prorem_r. ,/vie Alichemnor i"Them 0-valirp, cit Most people like creeks and take them for granted. Unfortunately creeks are in danger of becoming memories of the past. Ninety-five percent of California' s urban creeksite habitat is lost and over one-half of the remaining five percent is in great jeopardy of disappearing. Californians are discovering that the once sparkling stream , they enjoyed no longer exist. How could this loss have occurred under our noses with a minimum of protest? Urbanization and agricultural uses have been oblivious to the fact that streambanks are not stable and that the ecosystem which supports the stream and its bank is a delicate one . In its natural state a stream adapts to the periodic flooding that occurs . A creek needs room to change and modify its course and banks . When man builds in the natural flood area he interferes with nature's self- correcting actions. Urbanization increases flood discharges causing greater quantities of water to fill streams in a shorter period of time. The lagtime to fill a creek may change from hours to minutes, increasing probability of erosion and flooding. Because of the decrease in lagtime , even a minor cloudburst will greatly increase the probability of a major flood. Accompanying this runoff are pollutants from the roads and parking lots . When floods and erosion threaten buildings in the floodplain, the creek is rechanneled by man, culverted, filled with concrete or paved over. In addition to the increased flood discharges creeks have been used as sewage and garbage disposal sites . Overgrazing of livestock on or near the banks of creeks has caused severe erosion, and animal wastes have polluted the waters . Siltation, runoff from pesticides and herbicides , rerouting streams for irrigation purposes and damming for stockponds have all added to the disappearance or change of the streams in California. In the name of cost-effective flood control , the Army Corps of Engineers has cemented the banks and put up fences to accommodate development. These are "old-fashioned flood control techniques that are ugly and often don't work very well . 11" For example, the Los Angeles River, "which was one of the Army Corps ' first big projects in the 19301s, is in its current incarnation essentially 50 miles of concrete. trough. Only about two miles of banks near Griffith Park are exposed enough to support life . Along its journey the river picks up runoff from about 200 storm drains, and many people regard it as nothing more than a sewer. "2 In spite of these costly flood control efforts California' s chief flood forecaster rates the Los Angeles River basin as having the highest potential for a major flood disaster. Another example is the San Lorenzo River in Santa Cruz . In the 1960' s the Army Corps built a flood control project . "Large cement levees were installed to raise the banks and the riverbed was excavated below its natural level to carry flood flows, . . . an ugly drainage ditch running through the center of the town. "L Fortunately, today there is a new awareness . "when small towns turn into larger ones and to cities, people feel a need to recognize the wilderness past we are all a part of . Water is one of the main means by which we try to touch base with our past. *2 People are responding with simple outrage to a desecration of their neighborhood. Today "there are almost 300 projects around the state to preserve or restore urban streams" , done with "a new awareness of the value of streams and their significance in human lives . *2 The City of Santa Cruz is presently developing "a new, environmentally sound flood control plan. Eventually. . . many of the cement banks will be planted with native shrubs and trees , which not only will look nicer but will cool the edges of the water, provide shade for fish, and encourage insects , which are an important part of the food chain. In the end. . . the project may cost as much as 20 or 30 million dollars over the next decade . "' San Luis Obispo spent many years restoring a portion of its downtown creek and developing a plaza. After hiring architects , holding a city election, bit by bit purchase of land, securing of easements and land dedications, and countless hours of volunteer work by citizens, the plaza and creek restoration in a critical part of the downtown became a reality. Unfortunately in earlier years the creek had been considered a throwaway commodity and two and one-half blocks of downtown business were built right over the creek. This encroachment has in turn greatly increased flood damage to adjacent properties . Boulder Colorado provides an example of how to avoid destruction of creeks and streams and prevent the exorbitant cost of restoration. Boulder has been working on its pian for the past 22 years . Here is its secret: preserve the flora and fauna through the acquisition of open space, and 0 - 0 prevent incompatible development in the floodplain and beyond, reserving it for recreational use . Creeksite preservation is cost-effective. Restoration is almost cost-prohibitive. Engineering solutions in the past have proven unsatisfactory and have led to the need for expensive restoration. Through land use regulations and acquisition of land for recreational use, creeksites will provide the greatest public benefit with the least cost. E. G. Lewis planned the City of Atascadero with great foresight . He reserved approximately one-fourth of the entire estate for parks , as well as "the banks of all streams for fifty feet on both sides , and an acre surrounding all springs . "3 He established open space creek reservations for all creeks . The original maps , recorded in 1914 , show them extending beyond the banks of Atascadero Creek. Additionally he required a setback of not less than . twenty-five feet from property lines abutting the creek reservations . Unfortunately, after the E . G. Lewis bankruptcy the creek reservations were sold into private ownership, as was the rest of the parkland. This marked the beginning of a great loss of _ a vision of preservation of community rights and values . * t . . .the attitude of the people and the courts continue to move in the direction of favoring protection of the community interest rather than the interest of the individual developer. . . Attitudes about the extent of local regulation of land subdivision that is allowable have changed markedly over the past few years . ,'7 0 The subsequent General Plans continued to incorporate many environmental values and even today the General Plan reflects respect for natural resources . However, city government failed to incorporate these values into local ordinances. Furthermore,some of these values have been totally deleted through General Plan amendments . In addition, most environmental elements have been ignored in the decision making process to accommodate private property rights at the expense of community rights . The 1967 General Plan states "of import to the plan and to the economy of the community are the acquisition of creek reservations"4 . The 1977 General Plan addresses the acquisition of creek reservations or easement rights and is still part of today' s General Plan. No comprehensive plan to establish this goal has been developed. In many instances the opportunity to secure "easements, parkland and open space dedications . . . through the subdivision and development process"5 has been lost . The 1977 General Plan also stated "Access to and recreational use of the creeks should be assured by establishing building setbacks of not less than 50 feet from the bank of the creek. "6 This minimum 50 foot setback was deleted in 1983 by Resolution 17-83 to facilitate a lot split in the southern Atascadero Creek Reservation No. 6 . The requirement to establish specific setbacks along the banks was never acted upon. No setbacks have been established, leaving our creeks subject to development and abuse What has happened to E . G. Lewis ' s dream? Creek reservations have been subdivided to facilitate development along the creeks . Lot line adjustments have been granted, satisfying requirements for further subdivision. Homes have been constructed within the 100 year floodplains and within the creek reservation areas . Homes and apartments have been constructed at the creekbanks . Creekbanks have been stabilized with concrete and metal . Banks have been eroded by livestock. In areas along the streams there is an acrid smell of sewage and in various places the creek and the creekbed have been used as dumpsites . Tributaries that just a few years ago supported life have been confined in culverts , buried and built upon. The signs of destructive human impact are leaving their mark on our local creeks. However, Atascadero is very fortunate that our creeks have so far escaped the massive destruction common to other urban creeks , and the community has escaped serious flood damage. Many areas are still beautiful .The streambanks, supported by natural riparian vegetation, have been allowed to change with the flow and ebb of the waterlevel . Majestic oaks, sycamores , walnuts and cottonwoods still line the banks . Erosion and development along the banks are still confined to certain areas . How fortunate we are ! But if we are to preserve this delicate and diverse environment we must now assume responsibility for this unique ecological treasure in our community. NOTES 1 . Ken Schwartz, address to Atascadero Homeowner' s Association, March 23 , 1989 . 2 . Pollock, Sarah, Urban Creek Restoration, The Museum of California 12 , No. 6 ( 1989 ) . 3 . Atascadero California, published by The Atascadero Press (1923 ) . 4. Atascadero General Plan ( 1967 ) . 5 . Atascadero General Plan (1980) . 6 . Atascadero General Plan ( 1977) . 7 . Yearwood, Richard M. , Land Subdivision Regulation, Praeger Publishers ( 1971 ) CREEKWAY RESOLUTION WHEREAS, the Atascadero Homeowner' s Association, as well as other community organizations , have demonstrated strong support for the utilization and protection of our creekways , and WHEREAS , these unique and valuable assets were recognized by the founder of Atascadero, E. G. Lewis, and WHEREAS, these resources still offer great opportunities for recreation, open space and enhancement of the downtown business area. NOW, THEREFORE BE IT RESOLVED that the Board of the Atascadero Homeowner' s Association: 1 . supports the objective to maintain and restore Atascadero' s creeks and their adjacent riparian woodlands as a natural environment in which native plants and animals thrive . seeks long term protection of the Atascadero creeks and their woodlands through responsible land stewardship . � . wishes to further the understanding of this diverse and delicate environment. in the hope that with knowledge comes respect, and with respect comes responsibility. 4 . promotes land use compatible with its streamside environment , BE IT FURTHER RESOLVED that the Board of the Atascadero Homeowner' Association: 5 . supports immediate restoration of the following sentence back into the Atascadero General Plan: "Access to and recreational use of the creeks shall be assured by establishing building setbacks of not less than 50 feet from the bank of the creek.. 6 . opposes "harvesting sand and gravel" in Atascadero creeks and wishes this provision to be deleted from the General Plan. 7 . opposes future incompatible construction within the 10� year floodplain. BE IT FURTHER RESOLVED that the Board of the Atascadero Homeowner' s Association supports a creek ordinance based on the requirements and the guidelines in the Atascadero General Plan by: 8 . establishing specific setbacks . 9 . minimizing land disturbance within at least 50 feet of water courses . 10 . prohibiting channelization of the creeks . ll . assuring that existing primary tributaries and, where feasible, minor tributaries be left in open space to provide runoff . 12 .protecting creek reserves until they may be acquired for parks, recreational use and open space . BE IT FURTHER RESOLVED that the Board of the Atascadero Homeowner' s Association: 13 . petitions the City Council to develop a comprehensive creekway inventory and long term acquisition and management plan to be incorporated into the General Plan and the Zoning Ordinance, and 14 . to establish linear parks with walkways along the bank of the creeks wherever possible, and 15 . that these actions be undertaken to coincide with the update of the Atascadero General Plan. Celia s, Pr iden n , `7lsry i Fran-kiin,•Frank St en Lasalle William Lewis l Ursula LunaD McNei oro h JoaO' Keefe------- - � 1 Creek study committee for the Board of the Atascadero Homeowner' s Association. CAIl u {. We pvnf 'P,Carr,�ort Crud# Setbac6 p I 2, &M&W 40hach MVVMWLfA Attt be ee#ab LASd atOng the 6arke Of 60A iVIM6 to buuw the wda&KvVted na&102t P 4 Ad e#ftM6. ACM" #O acrd i rreewat onat Me of the cmAA Aa"tt be ae`actraed 6� AV .,�._ ,�¢.t-1 t�2:. _ �I���5 C�cx,�rorc... �s•2 �3 5c_ L4 . ,. �_ to , R.co, L2 ' - _.�.... J T r kOLc 91066 as � ;J '' .� � �� a - �•�� Vic. i�IAI) �ePLmt'1 at GteA.Satbad p 2, liia-1144 iaha&AquLumnfA AAaU be e&6&U eyed di m 6WA4 04 60A ' cnedae to tneu�ae#Jae nisi eal r idaC o4af/le Vie. Aaxrds -to ental s j nec�a tionett''awe a�Ate cue6 daatt be"&vwd 6v eeta6W.e &* &LUA t V 4etkc6 41 ,.�,.. .__.._ .__._:tl:k'Q __w-� 7�Q-y Ce3��LyN.�-•C,�v,��f�?�c(s�s�z It 57-3 _�.4CI�r.C��-..CL.�'3/!.7'F::f-ri-�_.._)._....._.._..._..�� �1�1a —'�-s ?�_--�'°'�� Si...c_ •l-�A_. r70'50u .. . ,1 Q OIL - Z -ata d _.. aL �. We euppnAt A l•Ptm Awdmmt on tAeA ScaEbadce, : "hang2, a�cc ee#abGieltec� e bm�ke o�C bath !' cxeelre tv Aneune Ae ad n&-&npW naaEuMt PEOW 4 the 4#JC M6. Access A& and !'I neewaGona uee of Ae cheeks .shalt be a uxed by eafaht*h"dm eartbadw ct AA LLL ES V SIS CA lot -,fT I'V4 ...... Ir ' G fDeeuppont PtmcreaxGaet oK Cruxk.Sebaadeep 12. er 6ad6e 466 be atom the &P&6 611A crceehe o in"the manteuupt d natirxat Am o4 the ami m".: Acce"#o and �' mcuafimaL uee a the cm*6 AAaU be aAavted byfid. Alzvmdi��e ee#a�L+•�+� beei.IsLlrig eel6adk0 � ._.� _ � ' sc►. s _..__.._ _ , -7 a so sa n-4aL ez (.(:#use SrM CA2 12 77op ~ 02' old - 75 0 0 fi i 74Q6 -- - ____ ._._�.._.._.... '? Ltd. 1 � we 41 Amon sefb ie,00 ? 2. BuifdrirW eetback xeVtA merle AAaU be ee"UA4 d atwM t4a &WAA of 60A weeks Jo AnMm Ae wt&eteWwpt®d na*uwt f.IOW 04 Ad elir M6. Acmes tV and mewat gnat Uhe 01 Ae cue AWI be&&MV ed bV eetu6t4ALag &aAdL-v Aetbadts 61 not.tese it"'30 fret 14M tithe' y�. .,...,.__._._._.._._._..__.� • V 4t OP"If f.__ ZV� Ile c Zp �lLjvC.F- /�-�rG�. •___.._.___.�:/� "�S :rs: i S ���-'=.E'_�u,:.-_r.r---�13r 3 7 jo t , c.T ' - � ja n —_-- ^ tG:114_.C'"i We, Adf t \ fp at ./LEA dam' ., ` 2. Bu,Ldum aectback x e tints.efeaLC be atowg,Ae 60Aa &PA c" to btjt a#lee w na*vwt 1ie sGrsans.' Awe" #o and mcowai,anai UAe of 444 CMAA A&W 6e aewod 6v`ea# U44 Lei bad eebbadu i i i 't