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HomeMy WebLinkAboutAgenda Packet 12/12/1989 LEE DAYKA-- --- - _- DEPUTY CITY CLERK k A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA # FOURTH FLOOR, ROTUNDA ROOM ` DECEMBER 12 , 1989 * 6:00 P.M._(*) " nrc 3_ RULES OF PUBLIC PARTICIPATION: �g * 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 Comment: Proclamation: Endorsing the concepts of "Human Responsibilities for Peace s4` and Sustainable Development" = ' (*) THE COUNCIL WILL 'ADJOURN TO A CLOSED SESSION FOR THE PURPOSE OF DISCUSSINGINSTRUCTIONS TO THE CITY'S NEGOTIATOR RE-: PUR- CHASE AND/OR SALE OF REAL PROPERTY. 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, }x a 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 & staff. A. CONSENT CALENDAR: 4 All matters listed under Item 'A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 .be reviewed and acted upon separately after the adoption of the Con- sent on sent Calendar. 1. NOVEMBER 28, 1989 CITY COUNCIL MINUTES 2. NOVEMBER 30, 1989 SPECIAL MEETING COUNCIL MINUTES 3. FINAL PARCEL MAP 37-87, 8430 SANTA ROSA ROAD (Messer/Cuesta Engineering) 4. PROCEDURES FOR THE SELECTION OF COrdISSION, BOARD AND COM- MITTEE MEMBERS B. HEARINGS/APPEARANCES : 1 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 5550 TRAFFIC WAY ( "The Oaks") (Cont' d from - 10/30, 11/14 & re 11/28/89--Public hearing closed) 2. PROPOSED ADOPTION OF MODEL CODES AND TITLE 8 BUILDING REGULATIONS A. Ordinance No. 199 (See agenda packet for complete Ordinance title) (FIRST READING: Motion to (1) waive reading of ordi- nance in, full and approve by title only - Voice vote; (2) motion to approve `Ord. No. 199 on first reading- Roll call) 3. 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 Commission •y (FIRST READING: Motion to (1) waive reading of ordi- y A 11 nance in full and approve by title only Voice vote; (2) motion to approve Ord. No. 200 on first reading- - Roll call) 4. TAPE RECORDING OF CITY COUNCIL MEETINGS A. Ordinance No. 201 - Repealing Section; 2-1 . 19 of thef, Atascadero Municipal - Code, which regulated the -recor- dation of City Council meetings x (FIRST READING: Motion to (1) waive reading of ordi- nance in full and approve by title only - Voice vote; E (2) motion to approve Ord. No. 201onfirst reading- Roll call) C. REGULAR BUSINESS : 1. HERITAGE TREE REMOVAL, 8250 LOS 'OSOS ROAD - REQUEST FOR RE- CONSIDERATION (Denied 11/28/89) (Councilwoman Mackey) 2. - DRAINAGE IMPROVEMENTS A. Graves Creek Project B. Resident Petition re: Alegre Avenue 3. DOWNTOWN STREET LIGHTING PROJECT (Councilman Lilley) 4. CALTRANS ADVISORY COMMITTEE f' 5. SALES TAX SUPPLEMENTAL FUNDING - SELECTION OF TWO TASK FORCE MEMBERS (Councilwoman Borgeson) 6. RESOLUTION NO. 84-89 - WASTE REDUCTION AND MANAGEMENT RESO- LUTION (Atascadero Recycling Committee) D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee 2. North Coastal Transit • 3. S.L.O. Area Coordinating Council ' 4 . Traffic Committee -5. Solid/Hazardous Waste Mgmt. Committee 3�,.:�,'x.'.ws (Committee Reports, cont'd) : 6. Recycling Committee (See Item C-6) 7. -Economic Opportunity Commission 8 . Finance Committee _ 9. B.I.A. 10. Downtown Steering Committee k 11 . Interim Growth Management Committee 12 . General Plan Subcommittee 2. City Attorneys 3. City Clerk M 4. City Treasurer 5. City Manager Y }:E PLEASE NOTE THAT THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, JANUARY 8th, ,1990. } a 4 0 i P R O C L A M A T I O N • ENDORSING THE CONCEPTS OF HUMAN RESPONSIBILITIES FOR PEACE AND SUSTAINABLE DEVELOPMENT WHEREAS, the following condensed version of an original draft by the University for Peace in Costa Rica and the Govern- ment of Costa Rica is being circulated worldwide to local civic, environmental, educational, religious and governmental organiza- tions in an effort to create a popular global dedication to living in concert with each other and the planet: CHAPTER I - THE UNITY OF THE WORLD Article 1 Everything that exists is part of an un- folding, interdependent universe. Therefore, the development of all human cultures is an integral part of the universe. Article 2: Life on earth is diverse, and each manifes- tation of life depends upon a system of natural resources that nature provides. Human beings have the choice to use these life- giving resources for the well-being of themselves and future generations, or to destroy it for all. CHAPTER II - THE UNITY OF THE HUMAN FAMILY Article 3: Each unique human being belongs inseparably to the human family, and each depends upon others for existence, well-being and development and is the beneficiary of fundamental and inalienable rights. Article 4: Each human being has the same basic needs • and the right to seek the fullest potential of personal achieve- ment. CHAPTER III - HUMAN CHOICES AND RESPONSIBILITIES Article 5: Altruism, compassion and love are intrinsic qualities of all human beings. The development of these quali- ties nurtures responsibility, which is an inherent aspect of every relationship in which human beings are involved. Article 6: Of all living beings, humans have the unique capacity consciously to protect or to damage the quality and conditions of life on earth. Article 7: At this critical point in history, human choices are crucial--the earth's survival is threatened by war and aggression, abuse of the environment and excessive consump- tion. Conduct that leads to peace and sustainable development is the responsibility of individuals acting together. CHAPTER IV - A REORIENTATION TOWARD PEACE AND SUSTAINABLE DEVELOPMENT Article 8: Governments and international agencies at all levels have the responsibility to promote peace and sustain- ability by administering collective solutions to problems in a manner consistent with the protection of human rights and the - preservation of the environment. NOW, THEREFORE, the City of Atascadero wholeheartedly en- dorses the concepts of Human Responsibilities for Peace and sustainable Development and urges every resident in the community to support these desirable and attainable goals. ROLLIN DEXTER, Mayor City of Atascadero, CA December 12, 1989 6655 Country Club Drive • Atascadero, CA 93422 December 5, 1989 Ray Windsor, City Manager Administration Building - Atascadero Dear Mr. Windsor: On. behalf of the County Chapter of Beyond War Foun- dation I want to take this opportunity to invite the City Council of Atascadero, as well as religious, frater- nal, service, educational and other political bodies over the County, to join us in an action which can also be a gesture of response to the wonderful commitments to free- dom being made by the peoples of Europe. The action we seek is a formal endorsement of the enclosed Declaration of Human Responsibilities for Peace and Sustainable Development. a term, ustaina a e- ve opmen , refers to thelong-term use of our ecosystem in ways to make life itself sustainable on our planet. ) Jointly framed by the University of Peace and the leaders of the government of Costa Rica, the Declaration came to -our attention through the International Headquarters of the Beyond War Foundation at Palo Alto. Copies have been • distributed to all its chapters. Our goal in this matter is to increase the conscious- ness and to strengthen the social conscience of citizens regarding the responsibilities which arise from humanity and political freedom. The first objective will be to present this Declaration in the County's newspapers in mid-January, with the names of all endorsing bodies, giving recognition to those which contributed to the costa Subsequent objectives are to continue the publicity drive in various ways into the Spring or until every citizen in our County has been invited to consider the social commit- ments we think are necessary to carry humanity beyond war. Contributions should be designated thus: Declaration Publicity, and the name of Vickie Bookless (who is our County BW Finance Chairperson) , 890 Del Rio, SLO 93401, along with the statement of endorsement; or to Ray at the address: above. Ray' s telephone number is 466-4733. All formal endorsements received will be forwarded together to the University of Peace for their information, and to express our appreciation for having framed such a noble statement of our obligations to life on Earth. Si ely your f ease, and K. Jans Milton Baer MEETING AGENDA L)ATE...__..12LU ITEM#I A-1 • ATASCADERO CITY COUNCIL MINUTES NOVEMBER 2B, 1989 The regular meeting of the Atascadero City Council was called to order at 7:00 p .m. by Mayor Dexter followed by the Pledge of Allegiance led by Mike Hicks, Fire Chief. ROLL CALL: Present : Councilmembers Shiers, Mackey, Borgeson, Lilley and Mayor Dexter Staff Present : Ray Windsor , City Manager ; Arther Montandon, City Attorney; Henry Engen, Community Development Director ; Andy Takata, Director of Parks, Recreation and Zoo and Lee Dayka, Deputy City Clerk • Absent : Boyd Sharitz , City Clerk COUNCIL COMMENT: Councilwoman Borgeson stated she was pleased with the progress on the Traffic Way Ballfield . She further announced that she had received many calls from the public regarding the poor alignment at Hotel Park Road and Capistrano Avenue. In addition, Ms. Borgeson reported that others had made favorable comments about the additional landscaping provided by the movie company during the shooting of "My Blue Heaven" and proposed that the City budget monies toward the improvement of landscaping around City Hall . PUBLIC COMMENTS: Mrs. Gail Mudgett , 3125 Ardilla Road , read the attached statement (Exhibit A) regarding the proper noticing of City legislative meetings. Dolores Berry, 6955 Balboa Road , read a statement prepared by her husband , James A. Berry (Exhibit B) , urging enforcement of all ordinances with particular reference to Zoning Ordinance 9-4. 148 . (Drainage) . Mrs. Berry stressed immediate attention be given to her and her husband ' s appeals to correct multiple violations in their area and stated that she hoped legal action would not be necessary. 1 0 • A. CONSENT CALENDAR: 1 . NOVEMBER 14, 1989 CITY COUNCIL MINUTES 2. TENTATIVE PARCEL MAP 20-88, 10450 MORRO ROAD - Consideration of Planning Commission recommendation to deny proposed lot split of 33. 13 ac . into two lots of 28.0 and 5. 13 acres (Evans/Stewart ) Ray Windsor , City Manager , requested that a correction be made to Page 3 of the Minutes of November 28 (reference made to attorney Elizabeth Scott-Graham) . MOTION: By Mayor Dexter and seconded by Councilwoman Mackey to approve the Consent Calendar , Minutes amended; passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 5550 TRAFFIC WAY ( "The Oaks" ) (Cont ' d from 10/30 and 11/14/89) Public Comments • Linda Wolfrank , 5561 Tunitas, spoke in opposition of the tree removal , stating that landscaping at "The Oaks" had not yet been completed . Doug Lewis, P.O. Box 1017 in Atascadero, also opposed the request . Council discussion followed . Councilwoman Borgeson observed the tree may only need pruning . Councilwoman Mackey suggested waiting to decide on the tree removal until after the landscaping had been brought into conformity. Councilman Lilley declared that the Council could not hold the tree hostage for compliance with prior conditions. He additionally questioned the liability problem of the tree and asked that the matter be referred to Public Works. MOTION: By Councilwoman Borgeson to direct staff to see that the subject site is in conformance with the Landscape Plan and ask the landlord to prune the tree. Motion died for lack of second . MOTION: By Councilwoman Mackey and seconded by Councilwoman Borgeson to continue the item one additional meeting and direct staff to review the CC&R ' s; passed • unanimously. 2 2. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 8250 LOS OSOS ROAD Henry Engen gave staff report indicating the appropriate marking had been made and recommended approval with a 2: 1 replacement . The applicant was not present . Council discussion followed with Councilman Lilley and Mayor Dexter supporting the request . • Councilwoman Mackey stated that she believed there was more going on here than what was shown. Councilwoman Borgeson disagreed that there was a danger to animals. She further requested that Lisa Schicker , City Arborist , be present at City Council meetings when tree removal requests are being heard. Henry Engen responded to Council questions regarding whether another homesite would be allowed on this property. Public Comments George Luna, 10600 San Marcos and speaking as an individual , stated that if allowed , the tree would survive us all . Dolores Berry, of Atascadero , spoke in support of tree protection and thanked the Council for its ' serious consideration of this request . MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to deny the request to remove a heritage tree at 8250 Los Osos Road ; passed 3:2 with Councilman Lilley and Mayor Dexter opposing . 3. TENTATIVE PARCEL MAP 16-89 , 9350 SANTA CRUZ - Subdivision of one parcel containing approx . 9.63 ac . into two lots of 4.0 ac . and 5.63 ac . (Lobo Investments/Volbrecht Surveys) (Con 'd from 10/10, 10/30 and 11/14/89 Council Meetings) A. City Attorney ' s response to Elizabeth Scott-Graham ' s letter of October 17, 1989 City Attorney, Art Montandon, read a portion of his November 22, 1989 memo to the City Manager which stated that the environmental review is legally adequate, that there is little, if any, evidence to overturn City staff ' s determination and that the City Council may approve this project . Lengthy Council discussion followed regarding fire service response time to the area. Councilwoman Borgeson stated that this was an irresponsible lot split which would provide inadequate safety to future residents. Councilman Lilley stated that the Council cannot deny simply because the property is out of the City ' s current emergency response area. He reiterated 3 that the General Plan allows construction outside the five-minute response time and that other requests of this type have been granted . Public Comments: Gail Mudgett stated that a geological report is needed. Robert Nimmo, 7375 Bella Vista Road, stated that it is the City's responsibility to provide municipal services and that that obligation is not currently being met. Phillip Baldner , civil engineer for Volbrecht Surveys (representing applicant ) and a resident on Mananita Avenue in Atascadero , referred to the sewage problems on his street as an example of a cumulative affect problem. He spoke in support of the project and urged the Council to make a decision stating emergency response time is not an issue and that there is not a single finding to warrant denial . Further discussion ensued on the issues of City growth and public safety. MOTION: By Mayor Dexter and seconded by Councilman Lilley to approve TPM 16-89 according to the recommendations of the Planning Commission; passed 3:2 with Councilmembers Borgeson and Shiers voting in opposition. Mayor Dexter called a recess at 8:35 p.m. The meeting reconvened at 8:48 p .m. 4. TENTATIVE PARCEL MAP 7-89, 7000 SAN PALO ROAD— Reconsideration of proposed subdivision of one 7.0 ac . parcel into four lots of 1 .55, 1 .60, 1 .65 and 2.2 acres (McNamara/Cuesta Engineering ) (Reference 7/11 and 10/30/89 Council Meetings) Councilman Lilley announced that he had a conflict of interest and excused himself from discussion and action. Henry Engen gave staff report explaining proposed revisions. Council discussion followed with respect to setbacks. Public Comments : Attorney Roger Picquet , representing Thomas McNamara, submitted his letter of November 28, 1989 to the City Council (Exhibit C) asking that they note the significant compromise on the part of , the applicant and vote favorably for approval . John Faulkenstein, of Cuesta Engineering , explained the intent of 4 3: the revised setbacks and availed himself for further questioning . MOTION: By Mayor Dexter and seconded by Councilwoman Mackey to - approve the Appeal of TPM 7-89 with revised Conditions of Approval ; passed unanimously 4:0 (Councilman Lilley excused ) . Mr . Picquet thanked the Council for reconsideration. C. REGULAR BUSINESS: 1. ATTORNEY SERVICES CONTRACT — ART MONTANDON The City Manager presented the Draft Attorney Services Contract { making special note of Page 4, Section 3: Termination of Contract; which dictates a sixty-day notice requirement . Mr . Windsor answered additional questions from the Council regarding the Contract . MOTION: By Councilwoman Mackey and seconded by Councilman Lilley to approve the Attorney Services Contact ; passed unanimously by roll call vote. Mayor Dexter welcomed Mr . Montandon to the City staff. 2. CONSULTANT SERVICES RECOMMENDATION - FIRE MASTER PLAN Chief Hicks gave staff report with recommendation to authorize the City Manager to enter into an agreement with Hunt Research Corporation for the purpose of developing a city fire and emergency medical master plan. He noted that Hunt was not the lowest bidder , but had come in as the second to the lowest and explained that it was the firm' s qualifications that the selection committee was most impressed with . The Fire Chief further announced the estimated date of completion as March of 1990. Councilmembers Shiers and Mackey supported the selection, expressing that Hunt Research is local and well-qualified to prepare such a plan. Public Comment: Alan Filmore, 7453 Balboa and representing the lowest bidder , disclosed his disappointment at not being interviewed . He reported that he was also local and well acquainted with the particular needs of this community. Mayor Dexter replied that he would personally contact Mr . Filmore at another time to discuss the matter. a: 5 ' v MOTION: By Councilman Shiers and seconded Councilwoman Mackey to authorize the City Manager to enter into an agreement with Hunt Research Corporation for the purpose of developing a city fire and emergency medical master plan, in an amount not to exceed $19,900; passed unanimously by roll call vote. 3. CONSIDERATION OF REQUEST BY GEORGE HIGHLAND TO AMEND ORDINANCE NO. 101 RE: PLANNING COMMISSIONER TERMS George Highland, 7275 Carmelita Avenue and appearing on his own behalf, presented his proposal for changes to Ordinance 101 . He briefly explained the three major modifications: 1 ) a designated staggering of terms, 2) delaying appointment dates from August until September and 3) removing the requirement of resignation prior to running for public office. Mr . Highland commented that he believed the changes would provide more continuity to the Commission and asked that the Council refer the proposal to staff for legal perusal . Brief Council discussion followed with Mayor Dexter expressing his support of the request. Public Comments: Mike Arrambide, representing the Atascadero Chamber of Commerce, spoke in support of the concept . Robert Nimmo asked that the Council follow the precedent set by other legislative bodies and not ask commissioners to step down if they seek higher office. Barbara Reiter , 10150 San Marcos Road, spoke in support of the staggered appointments. John Himes, 210 Carmelita Avenue, commended the proposal stating that she believed it was well-thought out and urged the Council to adopt the revised ordinance. Councilman Lilley expressed his support of creating more continuity within the Commission and stated he felt the revisions were appropriate. The Council agreed to refer the concept to the City Attorney to draft in ordinance form. D. REQUEST TO SET SPECIAL MEETING, RECOMMENDED TO BE HELD AT 3:00 P.M. THURSDAY, NOVEMBER 30, 1989, 4TH FLOOR CLUB ROOM, r FOR THE FOLLOWING: t 1. Discussion of land disposition (sale and/or purchase) 6 resulting from appraisals by Dennis E. Green, Inc. (Closed Session) (Verbal) 2. Status of land sale at San Benito & Highway 101 (surplus property and proceed with appraisal (Closed Session) (Verbal ) 3. Request to reaffirm city-owned lot on Sycamore Rd. as surplus property and proceed with appraisal (Open Session) 4. Status of management, mid-management and and confidential employee agreements for 1989-1990 (Closed Session) The Council agreed to set the meeting as above with the time being changed from 3:00 to 3:45 p .m. at the request of Councilman Shiers. D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : A. Committee Reports 1 . City/School Committee - Mayor Dexter announced meeting date of November 29 1989 at 1 :00 p .m. 2. North Coastal Transit - Mayor Dexter stated there was no report . 3. S.L.O. area Coordinating Council - Councilwoman Borgeson announced an important workshop/meeting a'! set for December 6, 1989 in the Board of Supervisors Room of the County Government Center . 4. Traffic Committee - Councilwoman Mackey announced .k meeting date of November 29, 1989. 5. Solid/Hazardous Waste Management Committee- Councilwoman Mackey announced meeting date of November 29, 1989. 6. Recycling Committee - Councilwoman Mackey announced meeting date of November 29, 1989. 4 7. Economic Opportunity Commission - Mayor Dexter stated a meeting date was still to be set . 8. Finance Committee - Nothing to report. 9. B. I .A. - Nothing to report . 10. Downtown Steering Committee - Nothing to report . il . Interim Growth Management Committee - Nothing to report . 12. General Plan -- Sub Committee - Mayor Dexter announced that the Study Session was held November 21 , 1989 and that the Council is now awaiting the draft for public hearing . The. City Manager 7 : 3 0 reported that the Drainage Plan was not discussed at the session. Public Comment: Whitey Thorpe, of Atascadero , expressed his concern regarding the "nothing to report" reports of various City Council committees. Mayor Dexter responded that committees meet at varying times and reports are given following those meetings. 2. CITY ATTORNEY Mr. Montandon thanked the Council again for his appointment and announced that he and his family had officially moved to Atascadero . 3. CITY CLERK Absent due to illness. 4. CITY TREASURER Absent. 5. CITY MANAGER Mr . Windsor announced that , following tradition, there would be only one City Council meeting in the month of December , that date being December 12, 1989. He proposed that the Council meet at 6:00 p .m. to allow enough time to hear all matters. He further advised that all hearing items be heard after 7:00 p.m. THE MEETING WAS ADJOURNED AT 9:47 P.M. TO AN OPEN SESSION ON NOVEMBER 28, 1989 AT 3:45 P.M. TO BE ADJOURNED TO A CLOSED SESSION IMMEDIATELY FOLLOWING. >>M I NU7`E�S R60RDED AND PREPARED BY: ,LEE DAYKA,' DEPUTY CITY CLERK Attachments: Exhibit A (Mudgett ) Exhibit B (Berry) Exhibit C (Picquet ) 8 Gail Lee Mudgett 3125 Ardilla Road Atascadero, Calif 93422 November 28, 1989 Ladies and Gentlemen of the Atascadero City Council: I shall read the statement I prepared for the meeting held on November 21, but which I did not read. Since it was not completely read by our Mayor I shall read it now, because it is more than ever pertinent! The point I wish to make is that we not only must abide by our General Plan, but we must also have a firm understanding of the California Brown Act, for both are absolutely essential for coping with ©ur public business and the implementing work of our public officials. I shall read my 21st statement: Quote: When I heard about the combined meeting, I checked the City Library for the Agenda, which should have been on display bn the table set aside for City Affairs. I checked again today and it was still not there! I was able to get a copy of the. January 1, 2989 copy of The Brown Act. 54954.2 says: At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda con- taining a brief general description of each item of business to be transacted or discussed at the meeting. 54954.1 also states: The legislative body of any district which is subject to the pro- visions of this chapter shall sive mailed notice of every regular meeting, and any special meeting which is called at least one week prior to the date set for the meeting, to any owner of property located within the district who has filed a written request for such notice with the legislative body. There is no way the public can have any involvement without such fair notice. Such notices should be posted In more than two places in Atascadero. In all fairness this combined meeting should be adjourned to a time when the public shall be given full notice and full time for study and preparation Thank you, Gail Lee Mudatett r 2 At that 21st meeting Mayor Dexter denied three times that there had been any intention to have an unposted meeting of our legislative bodies, our City Council and our Planning Commission. Mayor Dexter further protested that it was an adjourned meeting and only a study session. Was he infer- rine that there was no need of posting the meeting and the agenda? Contact had been made with the City Clerk's office and the City Library to check if the meeting was posted. It had not been. Following that meeting contact was made with the Atascadero 'News and the Telegram-Tribune news- papers. There had been no posting. In addition to the four places that were not posted I wish to call attention to the limited amount of space afforded by the Ken Beck ?call. I shall call attention to the Brown Act, the essential law which protects the public's right to know their business, to participate with and to over- see and work with their public servants, their elected officials. Since the November 21st meeing was a regular session for the Planning Com- mission, Section 5494.2 requires that the place, time, and the agenda be posted 72 hours before a regular meeting, and that no action shall be taken on any item not appearing on the posted agenda. For adjourned meetings Section 54955 the requirements for notice are the same as for special meetings. In addition, the copy of the order of adjour- ment must be posted withn 24 hours after the adjournment, at or near the door of the place where the meeting was held. Special meetings, such as study sessions, written notice must be sent to each local newspaper of general circulation, or to radio, or televions stations, which has requested the notice in writing. (Section 54952.3) Excellent statements from citizens were read during that 21st meeting_. Excellent ideas were advanced in the agenda. None should be lost. That agenda and statements should be repeated at a well notified meeting. Thank you, Gail Leeud M gett 1 µ. MY NAME IS JAMES A ,*ERRY. I HAVE A RESIDENCE& 6955 BALBOA. HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL, MEMBERS OF THE PLANNING COMMISSION: FIRST, MAY I WISH YOU THE GREATEST SUCCESS IN THE IMPLEMENTATION OF YOUR FINDINGS AND RECOMMENDATIONS THAT YOU WILL ARRIVE AT IN THIS AND FUTURE STUDY SESSIONS. - I MOST SINCERELY HOPE THAT YOU ADDRESS THE BURDENSOME ISSUES THAT CONFRONT YOU AND THIS CITY WITH THE OPENESS AND UNDERSTANDING THAT THE PEOPLE OF THIS COMMUNITY EXPECT THEIR OFFICIALS TO HAVE. IT IS MY FERVENT HOPE THAT YOU ti"JILL VOTE FOR CHANGES THAT REFLECT THE WISHES OF THE MAJORITY OF THE RESIDENTS OF THIS CITY. . IT IS MY FERVENT HOPE THAT YOU WILL TURN A DEAF EAR TO THE CON- STANT SUPPLICATIONS OF THOSE WHO WOULD HAVE YOU SET ASIDE THOSE GOVrRN- ING SECTIONS OF LAW THAT PROTECT US FROM THE MANY PIT-FALLS OF UNREGU- LATED ACTIVITY. I ASK YOU TO SEE THAT ALL SECTIONS OF THE CITY ORDINANCES ARE ADHERED T0, WITHOUT EXCEPTION: AND IN MY PARTICULAR CASE, I ONCE AGAIN COME BEFORE YOU AND ASK YOU TO ONCE AGAIN REVIEW TITLE 99 ZONING REGULATIONS; PARTICULARLY 9-4.148: DRAINAGE: I WILL NOT BURDEN YOU WITH ENDLESS QUOTES FROM THE GENERAL PLAN OR OTHER PERTINENT RULES AND GOVERNING REGULATIONS. YOU ARE ALL FULLY Al 7ARE OF THEM. I WOULD ONLY ASK OF YOU TO HEAR THE PLEA OF ONE CITIZEN, t'JHO, IN RIGHTEOUS ANGER COMES BEFORE YOU FOR REDRESS OF A GREVIOUS WRONG BEING PERPETUATED UPON HIM AND HIS FAMILY. . . . . . .A VIOLATION SO GRAVE AS TO THREATEN THE VERY HOME I LIVE IN AND TO MAKE UNBEARABLE FUTURE EXISTANCE WITHIN ITS PROTECTIVE WALLS. MY PROPERTY IS LITERALLY BEING PUT UNDER SEIGE BY NEW DEVELOPMENT, NOT ONLY NEXT DOOR TO MINE: BUT BY DEVELOPMENT THAT HAS BEEN GOING ON SINCE THE ADOPTION OF THE GENERAL PLAN AND TITLE 9 ZONING REGULATIONS BY THIS CITY IN ABY AREA. IN A DEVELOPING AREA OF OVER 200 ACRES OR MORE, MY PROPERTY, AND MINE ALONE HAS BEEN SELECTED TO BEAR THE BRUNT OF ALL THIS ADDITIONAL RUN OFF. . . .WITNESS THIS MAP WHICH TELLS IN GRAPHIC TER14S WHAT LIES IN STORE FOR ME. BUILDING AND INSTALLING LARGER DRAIN PIPES OFF THE PROPERTY AND UNDER GRAVES CREEK, WHICH LAUGHINGLY, HAS BEEN SUGGESTED; NOR 'JILL CALLING MY FROPERTY A "WATERCOURSE" CHANGE ONE IOTA THE DISASTOROUS FLOW OF WATER ILLEGALLY DIRECTED ACROSS MY PROPERTY. I ASK YOU T09 ONCE AGAIN. REVIFW..OUR APPEALS AND CORRECT THE MULTIPLE VIOLATIONS COMMITTED BY9 NOT ONLY THE OVER ZEALOUS DEVELOPER BUT BY THE INDIFFERENCE AND$ IN SOME CASES$ ILLEGAL ACTIVITY OF OFFICIALS AND STAFF WHO CHOSE NOT TO ENFORCE THOSE LA1.7S THROUGH NEGLECT OR IGNORANCE. I ASK YOU TO ADOPT A DRAINAGE PLANT THAT PROTECTS ALL CITIZENS OF OUR CITY FROM SUCH TERROR. THANK YOU. 44 i LAW OFFICES LYON & PICQUET ROGER LYON* 1104 PALM STREET TELEP(805) 54H NE 60 ROGER PICOUET POST OFFICE. BOX 922 TELECOPIER TIMOTHY J.CARMEL SAN LUIS OBISPO,CALIFORNIA 93406 (805)543-3857 *A uW CORPORAnON November 28, 1989 C E' I V de iz F,)f v 2, a 1 City Council City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 Re: Tentative Parcel Map 7-89 (7000 San Palo) ; McNamara Dear Honorable Mayor and Council: The staff report for this item on tonight' s agenda (B-4) accurately represents the status of this application. Mr. McNamara has responded to issues raised by both the Planning Commission and Council by making modifications to the original application which result in a better project for all concerned. In addition, the ap- plicant is agreeable to the revised conditions set forth in the draft resolution of approval. The net effect of the discussions that have ensued since this matter was last before you is a revised tentative parcel map application with many of the characteristics of a much more rigorous process (e.g. a planned development or conditional use permit) . Mr. McNamara has agreed to the proposed revised condi- tions because he recognizes that, among other things, they are designed to enhance the ultimate development of these particular lots as well as ensure maximum compatibility with surrounding Properties and uses. As currently configured, this application meets or exceeds all established standards. These standards are not mere guidelines but are, in fact, the law of the State of California and the City of Atascadero. The applicant has taken the earlier comments of concern and "fine-tuned" this application to fully and fairly address the merits of those concerns. We respectfully request that t City Council City of Atascadero November 28, 1989 Page 2 you act favorably on this application by granting approval with conditions attached as recommended by staff. Sincerely, LYON PIC Roger icque RP:ar MEETlNG, AGENDA DATE 1 12/89 ITEM# A-2,......�.�„ • ATASCADERO CITY COUNCIL SPECIAL MEETING MINUTES NOVEMBER 30p 1989 Meetingwas called to order at 3:47 p .m. Mayor Dexter led the � Pledge of Allegiance. ROLL CALL: Councilmembers Lilley, Borgeson, Mackey, Shiers and Mayor Dexter STAFF PRESENT: Henry Engen, Community Development Director ; Ray Windsor , City Manager ; Art Montandon, City Attorney, Mark Joseph, Director of Administrative Services and Lee Dayka, Deputy City Clerk • The City Manager announced that certain facts and circumstances indicating a need for emergency City Council action had arisen within 72 hours prior to the meeting and requested that the Council place the matter on the agenda. MOTIONS By Councilman Lilley and seconded by Councilwoman Borgeson to add the emergency item to the agenda; passed unanimously by roll call vote. Mr. Windsor presented an offer made by Warner Bros. Studios with i respect to the pathways created in Sunken Gardens for the purpose , of filming "My Blue Heaven He explained that the movie company xll offered to donate $2,000 to the Downtown Lighting Program if the City allowed the company to leave the pathways. Council discussion followed with the general consensus that the pathways were a welcome change to the area. Henry Engen, Community Development Director, noted that the curbcuts to the pathways may not meet Code and may create a risk factor. He indicated that the Engineering Division would need to make a determination. 1 • MOTION: By Councilman Lilley, assuming present handicap access meets Code, to leave the pathways as they are and add a - path running from East to West Mall at the junction of the fountain; seconded by Councilwoman Mackey; passed unanimously by roll call vote. 1 . REQUEST TO REAFFIRM CITY-OWNED LOT ON SYCAMORE RD. AS SURPLUS PROPERTY AND PROCEED WITH APPRAISAL. A. REPORT FROM ENGINEERING RE: BRIDGE EASEMENT STATUS (Gary Sims) Henry Engen announced that Mr . Sims was not in attendance due a death in the family. He gave staff report indicating that the City ' s concern was to maintain an alternate accessway to the area during construction of the Sycamore Bridge. He further noted construction on the bridge was to start approximately June of 9 PP Y 1990. Councilwoman Borgeson spoke in favor of designating the lot for a community mini-park . Councilwoman Mackey commented on the small size of the lot . Councilman Shiers asked Mr . Engen what the • zoning was and whether the lot was a buildable one. Further Council discussion ensued regarding the use of the lot as a community park and the consensus was that the matter should be turned over to Parks & Recreation for their input as to whether there was a need or desire for a mini-park in this location. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to refer the matter back to the Parks, Recreation and Zoo Commission for their recommendation; passed unanimously by roll call vote. At 4: 15 p .m. Mayor Dexter adjourned to a Closed Session for the purpose of discussing labor and real property negotiations. The City Attorney, quoting the Brown Act , clarified by reading the following list of items to be addressed : The City Council will recess to Closed Session for the following: 1 . To meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; and 2 i 2. To give instructions to the City's negotiator, pursuant to Government Code Section 54956.8, regarding the following real property transactions: A. Sale of City owned property. Lots 28,29, 33, 34, 336, 37, 38, 39, 40 and 41 of Atascadero Colony Amendment 6. B. Purchase of property owned by William P. Guidry, et al. , described as lots 4, 59 29, 309 31 and Block JC. C. Purchase of property owned by Gene and Clara Mumford described as lots 1 , 2, 33 and 32 of Block JC. D. Purchase of property owned by E.L. Brown described as lot 3 of Block JC. E. Purchase of property owned by George and Dorothy Bench described as Parcel 3 of T.M. at 88-307. F. Purchase of property owned by W.L. O'Reilly trust, et al . , described as lots 1 , 2 and 3 of portion of Block YA, MINUTES RECORDED AND PREPARED BY: LEE DAYKA, DEPUTY &ITY CLERK 3 rp 3 • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-3 Through : Ray Windsor, , City Manager, Meeting Date .' 12/ 12/89 File No. .- TPM 37-87 From: Henry Engen , Community Development Director, SUBJECT: Request by Don Messer (Cuesta Engineering) for- acceptance of Final Parcel Map 37-87 at: 8430 Sang Rosa Road. RECOMMENDATION : The required conditions liave been complied wi i:ii and the -Final map i s recommended for- approval . • t BACKGROUND : On Apr-i1 26 , 19881 the City Council approve(: Tentative Parcel Map 37-87 , subject to c.:er•tairr conditions and in concur•r•ence with I_he recommendation of the Planning Commission . HE :ps cc : Don Messer, Cuesta Engi neer•i ng s x: EXHIBIT A LOCATION MAP , CITY O F AAS CA �1 � y DERO 8430 Santa Rosa Road _ t TPM: 37-87 O( , C "'HT1 1�1 '1�1UNlTY DEVELOPMENT (Messer/Cuesta Eng DEPARTMENT J CT Cq,ST R SITE: 8430 SANTA ROSA RD. �C TPM: 37-87 Messer/Cuesta r, P Z V Z \eat\ VIEW IS R S i � I � I \, \ �•''Q��'\ I I \ a , a \ • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-4 From: Ray Windsor, City Manager Meeting Date: 12/12/89 SUBJECT: Procedure for the selection of commission, board and com- mittee members RECOMMENDATION: • Mayor Dexter and Councilmember Borgeson, acting as a sub- committee of the City Council to review the issue of how best to select commission, board and committee members, are recommending that Resolution No. 35-81 be reaffirmed by the Council and util- ized from this point forward. RW:cw • M E M O R A N D U M To: Mayor Dexter Councilperson Borgeson + From: Ray Windsor, City Manager Subject: Committee Board and Commission Appointments Date: November 13, 1989 Following up on prior Council direction, we are forwarding a copy of Resolution No. 35-81 to you for your review and modification, s if desired.'` Please let me know if you would like to meet as a committee to discuss the subject further. Otherwise, I will just wait to receive your input. RW:cw Attachment: Res. 35-81 i RESOLUTION NO. 35-81 RESOLUTION ADOPTING PROCEDURES FOR THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS The Council of the City of Atascadero hereby resolves as follows: Section 1. Purpose. The purpose of this resolution is to establish procedures for the City Council to follow in recruiting, selecting and appointing members to the standing committees, commissions or boards created pursuant to statute or by action of the City Council. Section 2. Recruitment and Eligibility. Announcements of openings for any committees,, Commissions ssi ons or boards to which members are appointed by the City Council will be through the local news media. All electors of the City of Atascadero, over the age of 18, and meeting any announced additional criteria as established by the City Council shall be eligible to apply. Section 3. Interviews. All candidates meeting the criteria established in Section 2 will be interviewed by the City Council during a properly noticed meeting. Section 4. Selection. a. Council members will vote for the candidate (s) of their choice by placing their name and circling the name of their selection (s) on a ballot form provided by the City Clerk. Candidates ' names will be placed in alphabetical order on the ballot form. b. After the City Council has had an opportunity to make its individual determination, the City Clerk will col- lect the ballots and will announce first the Council member 's name and second the name (s) of the candidate (s) of that Council member ' s choice (s) . C. The candidate or candidates receiving a majority of the votes of the Council members present shall be appointed. In the event that no candidate or candidates receive a majority vote or in the event of a tie vote, then a run- off ballot or ballots will be cast, following the proce- dure of sub-paragraph a. above,, until a majority is reached. The run-off candidates will consist of all candidates receiving at least two (2) votes and if no candidates have received at least two (2) votes, then those receiving at least one (1) vote will participate in the run-off balloting. This procedure shall be con- tinued until a majority vote is cast. Resolution No. , C*ission Selection Procedu ro On motion by Councilman Mackey , and seconded by Councilman Nelson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilman Highland, Makey, Nelson, Stover and Mayor Wilkins NOES None ABSENT: None ADOPTED: November 9, 1981 ROBERT J. WILgINS, JR. , Mayor 1 ATTEST: { CRAY /L. WARDEN, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney T =t 4'p - k 2 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item B-1 Through: Ray Windsor, City Manager Meeting Date: 12/12/89 File No: Tree Removal From: Henry Engen, Community Development Director . SUBJECT Continued consideration of request to remove a heritage tree at 5550 Traffic Way ( "The Oaks") . BACKGROUND : S` At the November 28, 1989 meeting, the City Council considered this tree removal request pending a report back on compliance of the project' s landscaping with the original project plans. staff has confirmed that the landscaping to the rear has expired. Further, the CC&Rs were reviewed with the City Attorney with the • finding they do not provide a means for required restoration of the landscaping. However, a letter will be going to the Oaks management advising of their violation of the Zoning Ordinance and requesting that it be brought back into conformance. ACTION REQUESTED: - A decision needs to be made relative to the tree removal request. p HE• s • Attachment: Staff Report i cc: "The Oaks" Management REPORT TO CITY COUNCIL 0 9 CITY OF ATASCADERO Agenda Item: -B-3- B-1 Thmugh: Ray Windsor,City Manager Meeting Date: 10410/89, 11114/89 & 11/28/89 Via: Henry Engen,Community Development Director W File No: Fmm: Lisa R. Schieker,City Arboristl SUBJECr Consideration of a request to remove one heritage tree,20" ( rw iWm f* or Coast Live Oak,by Homermn Homeowner's Associadan,(managed by EMU&,Associates) 7w Oaks"5550 Traffic Way. RECOMMENDATION: Approval of the tree removal as recommended by the enborist, Chuck Scove]l, vbh a tree to one replacement. Please see additional comments in the analysis section of report. BACKGROUND: The tree ordinance specifies that nagve trees 20"or greater in diameter are deemed heritage on and cannot be removed unless approved by the City tail fol n ft public hearing. Vwwwwffolk, or coast live oak is a native California evergreen tree species graving in California coastal ranges and lov hills and valleys in Oak voodlanod and Oak grassland plan communides and m semi-moist canyons usually belov 3000 fee* Live oeks typically have a broad crown and a short frank which divides fro numerous massive branches. It is a relntiv*fast gmving oak, adding 2-4 feet per year under good conditbra. Itis a strong foliage and farm tree which begins to achieve good character between,20-25 yearn. It can reach heights of 39 feet(with a spread of 42 feet and a dbh of 18" in tmty yearn (Lem and Doa rley,California Native Shrubs end Trees). The coast gine oak is rmistam to heel ad cold, drought and heavy rain seasons,gm"Uy or hard-packed soils and repels many insect pest that destroy other trees; therefore it is one of the most valuable of tress from a ntmral landscape vievpohnt. The tree has high vildlife value, providing food and shelter to may brads and rremmals. As vith most oaks,it provides shade and relief from hot summer temperatmaes and cleans and fibers aur air through phobaynthesis. This tree Is located approximately five feet away from the edge of one of the condominium buildings and is located on a vegetated sloping back porton of the lot There are other oaks graving on this slope end the area does not appear to be used by the residents. The tree vas photographed and discussions were held with Randy Rossi,the arborist Chuck Scovell and the property manager,Richard WMhoft regarding the condition of this tree. ANALYSIS: This vas a difficult twee to make a emendation for removal, because at first glance, ft tree did not look in danger of felbg,dying or presenft a hazard to the public,as the erborist had stated. The canopy is alive and veli,and the cambivrn 0 fug. Hovever, this oak is quite large and does have two large limbs which hang over one of the residential condominiums on the site. There has been major branch breakage villin the year, and there is evidence of insect infestation and some begun rot(most old trees will eventtauy get this). Although insect nor An necessuDy make a tree favi, they are signs that the tree is under win mss. My mein concern would be for the safety of the children who live in the complex who 4Ehplaying on the edge of the asphalt parr area adjacent to where to large limb fell last year. I think flat is the concern of omeoviam as veli,and their prime ream for asking for the removel of the tree. They aro also concerned about a limb falling on and damaging the mof. It is difficult for=z ID Ra int when,if and how an oak limb is gong lo fall Cb ma*conditions can influence the "when" - oftentimes hot, humid and vhrdless summer days as yell as the obvious heavy vet snowfall days an times b vetch for breakage. There are also physical signs io look for vhich might help b predict, (such as did brancles or stress fractures in me barb,but than aro not evident in this tree. ('lie only vay is possibly no a stress fracture would be is get up in the tree (either by bucket or by climbing up io examine closely and even than they may not be evident}. Although I do riot pemnally see any imminent danger fmm this tree, the manager of this pmperty, Richud Willhoit and the consulting arborist are con- =wd about the potential damage and danger b the residents and their pmperty; therefore I feel compelled to defer 1D their request Because of the heritage sWus of this tree and the porticulm described above,I vould ask for the oration of the apphcuft and recommend the follovtng: a. Upon Chuck Scovell's recommendation,request that a three to one replacement for this use be made. The property slopes behind the condominium and there are some fir.rrr trzh*�vhich are doing yell back there; this vould be an ideal site for sreplacements. A fev planling guidelines we Usied here m aid the applicants vith replacements that vM have a good chance urvivell: 1. Choose three healthy IS gallon size 4-nWE 2. Inspect the trees for encircles mots(roots that wrap around the pot lave a pomr chance of straightening out and gmving iight in the gam). 3. When planting,make sure that the mots have been untangled,straightened and lessened as much as possible. 4. Plant in a hole ax least twice as big as the pot,and use the native soils in the hole. S. Pmvide the tree vith a deep vaiering-meaning a sloe,gradual and long vaiering (which encourages mot growth ID anchor the tree). Provide one deep vatting in We spring and toxo in the summer. U drip inigftn is used, do long, slov vaaierings applying 10-20 gallons over a tine-four hour period. 6. Pmiect the young tees fmm gnat ng anime -especially deer(vith velded vire fencing-I can pmvide some specs)until they are at least four feet in height. b. If the applicant are vi'ffing,ask if they allov the city to receive a slice of the trunk io record the age of this tree. (These shcea to taken io the zoo or the corporation yard for iemnone stomas unto the information can be recorded.) They can then be disruded or used for"stepping stones"along pathvaya in public areas. C. Request that the applicant pmvAe evidence of the planting (through receipts or photographs) and a one-year's follow up Ah photographs or on-site inspection}on the health and status of than plantings. AaGhmM: Permit application Location Map sits plan f ULII • ��♦ �� � �s^moi• �� ♦ 1111l11111 11l111�:� _ _=_�� � �''•�' � . : /oma �►, �����1��� l . �� 82 M Mplm ON I LL a JL rn os CL ` 1 1�'� � t�� ♦ 1�/. 1 I . r 1 1 i - � i I�• ' � rL _gyp.._ , _ >a It CD --�"'_. .. ... _ moi. -: .... L i i -• 1 09 •sa tiw�l�c wy ° M• �I1I IWlil FILL111 8 associates L~'4• PLANNING ... .... sa .rtinsJ-d•,Pwram.1 r.rww.. w►wr—w�ws+•..s�ur .r.•r+ '644-1,44_. -� _ SER f 1999 COMMUNITY DEVELOPMENT DEPARTMENTT, kX" PLANNING DIVISION film .n,r:� CGt�ll�hlii� � �'CRuirirT 6500 Palma Ave.' IF =• In P.D. Box 747 pTasCADERfll i Atascadero , CA 93423 (805) 466-8000 _ E APPLICATION ' FORM y g Please type or print in ink Owner: gent rvri �►tOcc�r�.rr/�s A : . G'fiue,Kfc owe A " Address: 'LrZ SO 712x��« k���.., Address: ;, A�t,as�,cS.CtN► Gr Phone #• Phone #: App 1 icant: Sc" e- ! Address: ' Phone #: Project Description: -/6 to i tJ-n 1A Existing Use: / _ Project Address: Wa �F Y a c �z q Legal Description: Lot(s) ; B ock ; Tract Assessors Parcel No(s) : _�. �-� _ & Kk 43 . M I/We consent to the filing of this application and declare that this appl-ication _and related documents are true and correct. " (NOTE: The signature of the property owner is required on the app ication before it will be accepted for processing. ) Owner V Agent Y . 4 _ Date D For Staff ,.^ Use Only Fee: Receipt #: Tree Removal Permit Application i5 151 -a,iiry I\ Supplemental Information' , w 1918 ® �JB.w �. 1979 1 � a t 3 CADS , IN �g ' (Please type or print in ink) t T ; Reason for Removal : '' • _ d a! c o f- ry 3- x y LY Number of Trees to be Removed: �` � •,-' ' 3 r.. „ Specify the size (measured 4 ' above ground level ) , 'species (bothiiAs' „ common and botanical name) ' and condition of each tree to be removed: ray � „a 3r . ` S• a xar y?'�' .. .. _ +. .. - - . -�. .,s- ,:. '. dry MYab'� • Specify the size and species of the trees proposed to replace _ f` those intended for removal : Y� 3. (} >. . � 5. Please prepare a "Plot Plan" showing all improvements on your, ` E property, ' trees to be removed, trees to remain, and the proposed locati of replacement trees as per the attached example. x s caner st m Ar r i ^�./ •7 tai « y . a, wf% Y Certificate Numbery ri Date Date ..�',k*ePvXz' nzp++f].:. *,nW��r f� `}�✓Kiyy"t:"N. .H 5. t 4 S '1'N „;iP �..�``^G ,,x�i:r' • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B_2 Through: Ray Windsor, City Manager Meeting Date: 12/12/89 From: Henry Engen, Community Development Director Bob Fielding, Chief Building Official SUBJECT: Proposed adoption of Model Codes and Title 8, Building Regula- r tions . RECOMMENDATION• Following public hearing: (1) read by title only and (2) adopt, on first reading, Ordinance No. 199 . BACKGROUND : The State Building Standards Law, Health and Safety Code Section 18941 . 5 requires that the State Building Standards Commission adopt and publish editions of the State' s technical building codes in their entirety once every three years . The State Building Code (Title 24) has now incorporated the following model codes: 1988 Uniform Housing Code 1988 Uniform Plumbing Code 1988 Uniform Building Code 1988 Uniform Mechanical Code 1987 National Electrical Code In accordance with State Law, the authority having jurisdiction must adopt the published model codes within six (6) months of adoption by the State. The State regulations became effective July 1, 1989 . In addition to referencing the aforementioned current model codes, the following changes have been made to Title 8 Building Regulations : • 1 . Clarified design professionalmembershipon the Board of Appeals (Section 8-1 . 104 (a) ) . 2 . Requires fire sprinkler requirement for 5000 square foot buildings (currently 10,000 square feet) (Section 8-8 . 108) . 3 . Adds new chapter 11 covering building conservation. HE :BF:ph Enclosures : Ordinance No. 199 Title 8 cc: Mr. Dave Baker, North County Contractor' s Association f i � ------ = deleted text CAPITALS = NEW LANGUAGE ORDINANCE NO. -46� 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 ADMINIS- TRATIVE CODE, 4.9-8-5- 1988 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM BUILDING CODE, INCLUDING APPENDIX CHAPTERS 7, 321 35, 38, 57 AND 70, 1988 1988 EDITION, AND THE 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, 19$5. 1988 EDITION, AND THE IAPMO INSTALLATION STANDARDS, _1.9.8.5).. 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, 148-5- 1988 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIA- TION OF PLUMBING AND MECHANICAL OFFICIALS AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1-"51r- 1988 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SIGN CODE, -1-9-&S- 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-C, III-D, IV-A, V-A AND VI-A, VI-B,-1-9a5- 198a EDITION, AND THE UNIFORM FIRE CODE STANDARDS, -19A& 1988 EDITION, PUBLISHED BY THE WESTERN FIRE CHIEFS ASSOCIA- TION AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM HOUSING CODE, 448ri- 1988 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, 485- 1988 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, ALL AS AMENDED. Section 1_ This amendment has been evaluated in accordance with the California Environmental Quality Act and this City' s environmental impact procedures guidelines and the project has been determined to be categorically exempt (Class 8 Exemption) . Section 2 . Title 8 (Building Regulations) of the Atascadero Municipal Code is amended to read as contained in the attached Exhibit A, which is hereby made apart of this ordinance by reference. Ordinance No. 199 Section 3. Penalty Provisions . It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this Title and the technical codes . 1 Penalties for violation of this Title shall be as set forth in Chapter 3 of Title 1 of this code. Section 4 . 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 certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 5 . 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 and seconded by the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: Rollin Dexter, Mayor City of Atascadero, California ATTEST: x BOYD C. SHARITZ, City Clerk s i APPROVED AS TO CONTENT: RAY WINDSOR, City Manager r APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney PREPARED BY: - rk HENRY ENGEN Community Development Director Y, z i TITLE 8 - BUILDING REGULATIONS INDEX CHAPTER 1 . ADMINISTRATIVE CODE 1-5 18-1 . 101 Adoption of Uniform Administrative Code. . . . . . 1 8-1 . 102 Modification of Certain Parts of the Uniform Administrative Code. . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 8-1 . 103 Addition to Section (104 ( f) ) Uniform Administrative Code. . . . . . . . . . . . . . . . . . . . . . . . . . 2 8-1 .104 Establishment of Board of Appeals. . . . . . . . . . . . 2-3 w' 8-1.105 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-4 8-1 .106 Exempted Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8-1 . 107 Permits Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-5 8-1 . 108 Expiration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 CHAPTER 2 . BUILDING CODE 6-7 8-2 .101 Adoption of Uniform Building Code. . . . . . . . . . . . 6 8-2 . 102 Deletion of Certain Parts of the Uniform Building Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8-2. 103 Grading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-7 8-2 .104 Parapets . 7 CHAPTER 3 . ELECTRICAL CODE 8 8-3 . 101 Adoption of National Electrical Code. . . . . . . . . 8 8-3-102 Deletion of Certain Parts of the National Electrical Code. . . . . . . . . . . . .. . . . . . 8 8-3 . 103 Addition of Certain Parts of the national Electrical Code. . . . . . . . . . . . . . . . . . . . . 8 CHAPTER 4 - PLUMBING CODE 9-18 8-4 . 101 Adoption of Uniform Plumbing Code. . . . . . . . . . . . 9 8-4 . 102 Deletion of Certain Parts of the Uniform Plumbing Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8-4 . 103 Use of Plastic Pipe in Water Systems. . . . . . . . . 9 8-4 . 104 Building Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8-4 . 105 Private sewage Disposal Systems . . . . . . . . . . . . . . 10-18 CHAPTER 5 . MECHANICAL CODE 19-20 8-5 . 101 Adoption of Uniform Mechanical Code. . . . . . . . . . 19 8-5 .102 Deletion of Certain Parts of the Uniform Mechanical Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8-5 . 103 Installation of Liquefied Petroleum Gas-burning Appliances . . . . . . . . . . . . . . . . . . . . . . 19-20 CHAPTER 6 - SWIMMING POOL, SPA AND HOT TUB CODE 21 8-6 . 101 Adoption of Uniform Swimming Pool, Spa and Hot Tub Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8-6 .102 Deletion of Certain Parts of the Uniform Swimming Pool, Spa and Hot Tub Code. . . .. . . . . . 21 ' 8-6 . 103 Swimming Pool Defined. . . . . . . . . . . . . . . . . . . . . . . : 21 _ �, » " 0 • Building Regulations Index CHAPTER 7 . SIGN CODE 22 8-7 . 101 Adoption of Uniform Sign Code. . . . . . . . . . . . . . . . 22 8-7 . 102 Deletion of Certain Parts of the Uniform Sign Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 CHAPTER 8. FIRE CODE 23-25 8-8. 101 Adoption of Uniform Fire Code. . . . . . . . . . . . . . . . 23 8-8 . 102 Deletion of Certain Parts of the Uniform � r Fire Code. . . . . . . . . . . . . . . . . . . . . . . . . . . 23 8-8.103 Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 8-8 . 104 Alarm Signal Defined. . . . . . . . . . . . . . . . . . . . . . . . . 23-24 8-8 .105 Establishment of Limits of Districts in Storage of Explosives and Blasting Agents Prohibited. . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . 24 8-8 . 106 Establishment of Limits of Districts in Which Storage of Explosives and Blasting Agents is Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . 24 8-8. 107 Establishment of Limits in which Storage of Liquified Petroleum Gases is restricted. . . 24 8-8. 108 Automatic Fire Extinguishing Systems. . . . . . . . . 24-25 8-8 .109 Fire Retardant Roofing Materials Required. . . . 25 8-8. 110 Fire Apparatus Access Roads - Turning Radius. 25 8-8 . 111 Fire Apparatus Access Roads - Grade. . . . . . . . . . 25 CHAPTER 9 . HOUSING CODE 26-27 8-9 . 101 Adoption of Uniform Housing Code. . . . . . . . . . . . . 26 8-9 .102 Deletion of Certain Parts of the Uniform Housing Code. . . . . . . . . . . . . . . . . . . . . • • . . . . . . . . . 26 8-9 . 103 References to Building Code. . . . . . . . . . . . . . . . . . 26 8-9 . 104 Appeals Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8-9 . 105 Time Limits for Appeals . . . . . . . . . . . . . . . . . . . . . . 26-27 CHAPTER 10. DANGEROUS BUILDINGS CODE 28-29 8-10. 101 Adoption of Uniform Code for the Abatement of Dangerous Buildings. . . . . . . . . . . . . 28 8-10. 102 As an Alternative. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8-10 . 103 Deletion of Certain Parts of the Uniform Code for the Abatement of Dangerous Buildings . . . . . 28 8-10 . 104 References to Building Code. . . . . . . . .. . . . . . . . . 28 8-10. 105 Appeals Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8-10. 106 Time Limit For Appeals . .. . . . . . . . . . . . . . . . . . . . . 29 CHAPTER 11 . BUILDING CONSERVATION CODE 30 8-11 . 101 Adoption of Uniform Cade for Building _ Conservation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 APPENDIX FEE SCHEDULE IA-3A 2 x TITLE 8 - BUILDING REGULATIONS Chapter 1 . Administrative Code 8-1 .101. Adoption of Uniform Administrative Code. Certain r. documents marked and designated as the "Uniform Administrative Code" , 1988 Edition, published by the International Conference of Building Officials, are hereby adopted for establishing adminis- trative, organizational and enforcement rules and regulations for technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment. Each and all of the regulations, provisions, conditions and terms of such "Uniform Administrative Code" , 1988 Edition, published by the International Conference of Building Officials, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-1 . 102 . Modification of Certain Parts of the Uniform Administrative Code. The following portions of the "Uniform Administrative Code" , 1988 Edition, are hereby deleted: (a) Section 204 (Board of Appeals) (b) Section 304 (b) (Permit Fees) (c) Section 304(c) (Plan Review Fees) (d) Section 304 (d) ( 2) (Fee) Change reference to" . . . .Tables Nos . 3-A through 3-H11 to read " . . .the resolution of the City Council establishing fees . " (e) Section 305 (h) (Reinspections) Change reference to '' . . . .Tables Nos . 3-A through 3-H11 to read " . . the resolution of the City Council establishing fees . ,, ( f) Table No. 3-A (Building Permit Fees) (g) Table No. 3-B (Electrical Permit Fees) (h) Table No. 3-C (Mechanical Permit Fees) ( i) Table No. 3-D (Plumbing Permit Fees) -1- 0 (j ) Table No. 3-E (Grading Permit Fees) (k) Table No. 3-F (Grading Plan Review Fees) 8-1 . 103. The Following shall Be Added To Section 104( f) Uniform Administrative Code: 1. When proposed use is other than originally designed and/or intended as determined by the Building Official, railroad cars, cabooses, shipping containers and similar assemblies, etc. , may not be moved into or relocated within the City limits without his prior approval . 2 . Railroad cars, cabooses, shipping containers and similar assemblies, etc. , do not qualify as conventional construe- tion; therefore, all design/engineering work, plans, calculations, etc. , must be accomplished by a California licensed architect or engineer. 8-1 .104 . Establishment of Board of Appeals . In order to conduct hearings to determine the suitability of alternate materials and methods of installation and to provide for reasonable interpreta- tions of the provisions of this Title, a Board of Appeals is hereby established. The Board of Appeals shall also make inter- pretations of and hear appeals pursuant to the Housing and Dangerous Building Codes . (a) Membership. The Board of Appeals shall consist of five (5) members, two ( 2) of whom shall be general contrac- tors, one ( 1 ) of whom shall be a structural engineer, or architect OR OTHER LICENSED PROFESSIONAL IN THE BUILDING DESIGN FIELD, one ( 1) of whom shall be a 4 specialty contractor, all whom shall be qualified by experience and training, and one (1) of whom shall be a member of the public who is not one of the foregoing. Members of the Board of Appeals shall be appointed by and serve at the pleasure of the City Council . Each member shall comply with applicable provisions of the Political Reform Act of 1974, California Government Section 81000, et seq. The Building Official shall serve as Secretary to the Board of Appeals . (b) Eligibility. A person shall live within the City to be eligible for appointment to the Board of Appeals . (c) Term. Terms of initial _appointment shall be a term of two (2) years for two (2) members and four (4) years for three (3) members . Subsequent appointments shall be for a term of four (4 ) years . -2- (d) Rules and Regulations. The Board of Appeals shall adopt reasonable rules and regulations, subject to approval by the City Council, for conducting its business. The Board shall render all decisions and findings in writing with a copy to the appellant. (e) Appeal Procedure. Any person aggrieved by a decision of the Building Division related to any manner within the purview to this Title shall have the right to appeal the decision. The appeal shall be filed with the Building Official within fourteen (14) days after the rendering of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing. The Secretary of the Board shall set the time and place for a hearing on the appeal, and notice of the hearing shall be published in a newspaper of general circula- tion and shall be given to the appellant by nailing it to him, postage prepaid, at his last known address, at least ten (10) calendar days prior to the date set for ihearing. Any written reports to be made to the Board shall be filed with the Secretary of the Board and shall be made available to the Board and to the public no less than three (3) working days prior to the date set for the hearing. Any Department Head shall have the right to be heard on any matter coming before the Board. The decision of the Board on the appeal shall not become final until fourteen ( 14) days after the Board has made its determination in order to allow time for an appeal to be made to the Council from the Board' s decision. Any party aggrieved by the determination of the Board shall have the right to appeal its determination to the Council. Such appeals must be filed with the City Clerk within fourteen ( 14) days after the Board has made its determination. The Council shall set appeal fees by resolution. There shall be no charge for City-initiated appeals . 8-1 .105. Fees . Fees for permits, plan review, reinspections, special inspections, appeals and other activities of this Title shall be established by resolution of the City Council. The determination of value or valuation under any of the provisions of this Title shall be made by the Building Official . The value -3- r i to be used in computing the building permit and building permit plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air- conditioning, elevators, fire-extinguishing systems and any other permanent equipment. a-1 . 106 . Exempted Work. The following shall be added to Sec . 301(b) . r 115 . Sign Permits . The following signs shall not require a - sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsi- bility of its erection and maintenance, and its compliance with the provisions of this code or any other law or ordinance regulating the same. A. The changing of the advertising copy or message on a painted or printed sign only. Except for theater marquees and similar signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exception. B. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign per- mit unless a structural change is made. C. Signs less than six (6) feet above grade. 6. Swimming Pool, Spa, and Hot Tub Permits . No permit shall be required in the case of any repair work in- cluding: The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any trap; drainpipe; or soil, waste or vent pipe be or become defective and it becomes necessary to remove and re- place the same with new material in any part or parts, the same shall be considered as such new work and a permit shall be procured and inspection made as here- inbefore provided. No permit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. ,, a-1 . 107 . Permits Required. Section 301 (a) shall be revised to read as follows : -4- "Permits Required. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any _building or structure, including a swimming pool, spa or hot tub, or make any installation, alteration, repair, replacement, or remodel any building, service equipment, including swimming pool, spa and hot tub equipment, regu- lated by this Title, except as specified in Subsection (b) of this Section, or cause the same to be done without first obtaining a separate, appropriate permit for each building, structure or service equipment from the Building Official . " Grading and/or waste disposal system permits for residential sites shall not be issued separately from the residence per- mit without the specific approval of the Building Official . 8-1 . 108 . Expiration. Section 302(d)` shall be revised to read as follows: 302(d) : Every permit issued by the Administrative Authority under the provisions of this code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such per- mit is suspended or abandoned at any time after the work is commenced for a period of 180 days . Failure to request and receive a recorded inspection by the Administrative Author- ity within the 180 day period constitutes a condition of suspension or abandonment. . . . . . . . . . . . . . . . . . . . . . . . . . . . -5- • { =� �. �=� ,� �: :, . TM TITLE 8 - BUILDING REGULATIONS Chapter 2 . Building Code 8-2 . 101. Adoption of Uniform Building Code. Certain documents marked and designated as the "Uniform Building Code" , including Appendix Chapter 7 - Part 1 (Covered Mall Buildings) , Chapter 32 (Re-roofing) , Chapter 35 (Sound Transmission) , Chapter 38 (Basement Pipe Inlets) , Chapter 49 (Patio Covers) , Chapter 55 (Membrane Structures) , Chapter 57 (Regulations Governing Fallout Shelters) and Chapter: 70 (Excavation and Grading) , 1988 Edition, and as the Uniform Building Code Standards" , 1988 Edition, pub- lished by the International Conference of Building Officials, are hereby adopted for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and mainten- ance of all buildings or structures. Each and all of the regulations, provisions, conditions, and terms of such "Uniform Building Code" , 1988 Edition, and the "Uniform Building Code Standards" , 1988 Edition, published by the International Confer- ence of Building Officials, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-2 .102. Deletion of Certain Parts of the Uniform Building Code. The following portions of the "Uniform Building Code" , 1988 Edition are hereby deleted: (a) Chapter 1 (Title, Scope and General ) , including Sections 101-107 (b) Chapter 2 (Organization and Enforcement) , including Sections 201-205 (c) Chapter 3 (Permits and Inspections) , including Sections 301-307 and Table No. 3-A 8-2 . 103. Grading . Fills. Section 7010(a) is hereby amended to read as follows : "General . Unless otherwise recommended in an approved soils engineering report, fills shall conform to the provisions of -6- this Section, except that lots located outside the Urban Services Line may exceed the 50 cubic yard limitation for a fill when approved by the Building Official and when in _compliance with the following: ( 1) All other limitations established by Subsection 9 of Section 7003; and (2) The lot is a minimum of 21 acres; and (3) The location and extent of the fill is clearly k' delineated on grading plans . " x 8-2 . 104. Parapets. Section 1709 (A) of the Uniform Building Code is hereby amended by adding a new exception 5 to read as follows : 115. Exterior walls which, due to location on property, are required to be of one- or two-hour fire-resistive construc- tion, may terminate at the roof sheathing, deck or slab, provided: A. Where the roof-ceiling framing elements are parallel to such walls, such framing and elements supporting such framing shall be of not less than one-hour fire- resistive construction for a width of five feet from the wall . B. When roof-ceiling framing elements are perpendicular to the wall, the entire span of such framing and elements supporting such framing shall be of not less than one- hour fire-resistive construction. C. Opening in the roof shall not be located within five feet of the exterior wall . D. The entire roof shall be provided with a fire-retardant roof covering. " 1 -7- ' TITLE 8 - BUILDING REGULATIONS Chapter 3 . Electrical Code 8-3.101. Adoption of National Electrical Code. Certain docu- ments marked an designated as the "National Electrical Code" , 1987 Edition, published by the National Fire Protection Associa- tion, are hereby adopted for safeguarding persons and property from hazards arising from the use of electricity. Each and all of the regulations, provisions, conditions, and terms of such "National Electrical Code" , 1987 Edition, published by the National Fire Protection Association, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter. 8-3 . 102 . Deletion of Certain Parts of the National Electrical Code. The following portions of the "National Electrical Code" , 1987 Edition are hereby deleted: (a) Article 310, and all related references . 8-3 . 103. Adoption of Certain Parts of the National Electrical Code. The following portions of the "National Electrical Code" , 1981 Edition are hereby adopted: (a) Article 310, and all related references. -8- TITLE 8 - BUILDING REGULATIONS Chapter 4 . Plumbing Code 8-4 . 101. Adoption of Uniform Plumbing Code. Certain documents marked and designated as the "Uniform Plumbing Code" ' including all appendices, 1988 Edition, published by the International Association of Plumbing and Mechanical Officials, and as "IAPMO _ Installation Standards" , 1988 Edition, published by the Interna- tional Association of Plumbing and Mechanical Officials, are `- hereby adopted for regulating the erection, installation, altera- tion, addition, repair, relocation, replacement, maintenance orx use of any plumbing system. Each and all of the regulations, provisions, conditions, and terms of such "Uniform Plumbing Code" , 1988 Edition, and "IAPMO Installation Standards" , 1988 Edition, published by the International Association of Plumbing and Mechanical Officials, and the International Association of E Building Officials, on file in the Building Division are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-4 .102 . Deletion of Certain Parts of the Uniform Plumbing Code. The following portions of the "Uniform Plumbing Code, " 1988 Edition, are hereby deleted: (a) Part 1 (Administration) , including Sections 10. 1-10 . 5 and 20 . 1-20. 14 (b) Table I-1, entitled "Location of Sewage Disposal >, System" (c) Section I-4 (Percolation Tests) (d) Section I-8 (Cesspools) (e) Table I-4, entitled "Design Criteria of 5 Typical Soils" (f) Table I-5 8-4 . 103. Use of Plastic Pipe in Water Systems. PB, PVC and CPVC, as well as any other plastic pipe, shall not be used for hot and cold water distribution systems . Any reference to the approved use of such materials is hereby deleted. -9- 8-4. 104. Building Sewers . The following requirements shall apply to building sewers and related drainage piping. Any ref- erence to different standards in Table 4-3 or Chapter 11 of the x Uniform Plumbing Code d is hereby deleted. (a) All building sewers shall be constructed ducted with pipe of internal diameter not less than four 4 inches unless a pipe of internal al diameter not less than three {3 } inches is deemed suitable by the Building Official. (b) A clean-out shall be placed in every building sewer within five (5) of each building, at all changes in alignment or grade in excess of twenty-two and one-half (221) degrees, within five (5) feet of the junction with the public sewer, and at intervals not to exceed one hundred (100) feet in straight runs. The clean-out shall be made by inserting a "Y" fitting in the line and fitting the clean-out in the "Y" branch in an approved manner. In the case of a clean-out near the junction of the public sewer, the "Y" branch shall be extended to a depth of not more than two (2) feet, nor less than one foot below the surface of the ground be- fore the clean-out is installed. (c) Drainage piping serving fixtures located at an eleva- tion of less than one foot above- the nearest upstream manhole cover in the main sewer serving said fixtures shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located less than one foot above the nearest upstream manhole cover. } 8-4 . 105. Private Sewage Disposal Systems . The design, instal- ation, operation and maintenance of private sewage disposal systems shall be in conformance with Appendix I of the Uniform Plumbing Code and with standards specified in this Section. Where specific standards are not provided within this Title or where the Administrative Authority determines that higher re- quirements are necessary to maintain a safe and sanitary condition, the "Manual of Septic Tank Practice" (published by the United States Department of Health, Education and Welfare) , the "Design Manual - Onsite Wastewater Treatment and Disposal Sys- tems" (published by the United States Environmental Protection Agency) , "Guidelines for Mound Systems" (State Water Resources Control Board) , "Guidelines for Evapotranspiration Systems (State .. ,` Water Resources Control Board) , and the "Water Quality Control Plan, Central Coast Basin" (adopted by the Regional water Quality -10- Control Board of the Central Coast Region) shall be used as guidelines by the Administrative Authority. (a) Percolation Test. An on-site investigation shall be made in order to determine the suitability of a partic- cular site for a private sewage disposal system and to provide the data necessary to design a private sewage disposal system. A percolation test shall be required prior to issuance of a permit for all new or enlarged private sewage disposal systems. The following perco- lation " test procedure shall be used in performing percolation tests, except that other accepted test pro- cedures may be used when approved by the Administrative Authority. (1) Number and Location of Test Holes . A minimum of Three separate test holes space uniformly through and located in the immediate vicinity of the pro- posed leach field site shall be made. (2) Type of Test Holes . The test hole shall have horizontal dimensions between 4 and 12 inches and vertical sides to the depth of the absorption trench. (3) Preparation of Test Hole. Smeared soil surfaces shall be removed from the sides and bottom of the test hole to provide a natural soil interface. All loose material shall be removed from the test hole. Two inches of coarse sand or fine gravel shall be added to the test hole to protect the bottom from scouring and sediment. (4) Soil Saturation and Swelling. The test hole is to be carefully filled to a depth of one foot above the gravel or sand with clear water which is to be kept in the hole for at least four hours but Pref- erably overnight. This step may be omitted in sandy soils containing little or no clay. (5) Measurement of Percolation Rate: The percolation rate shall be determined twenty-four hours after water is first added to the test holes; except, in sandy soils containing little or no clay, the per- colation rate shall be determined after the water from one filling of the test hole has completely seeped away. (i) If water remains in the test hole after the overnight swelling period, adjust the depth to approximately six inches over the gravel -11- or sand and, from a fixed reference point, measure the drop in water level over a thirty minute period to calculate the percolation rate. (ii) If no water remains in the test hole after the overnight swelling period, add clear water to bring the depth of water in the test hole to approximately six inches over the gravel or sand. From a fixed reference point, measure the drop in water level at approximately thirty minute intervals over four hours refilling six inches over the gravel or sand as necessary. The drop that occurs during the final thirty minute period is used to calculate the percolation rate. The drops during prior periods provide infor- mation for possible modification of the test procedure to suit local conditions . (iii) In sandy soils (or in other soils in which the first six inches of water seeps away in less than thirty minutes after the overnight swelling period) , the time interval between measurements shall be taken as ten minutes and the test shall run for one hour with the drop during the final ten minutes being used to calculate the percolation rate. (6) Deep Boring: A soil boring, to a minimum depth of ten ( 10) feet below the bottom of the absorption trench, shall be made in order to determine the presence of bedrock and/or ground water. (b) General Design Standards . The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate does not exceed 60 minutes per inch. (1) Determination of Size of Absorption Area . The absorption area, measured in lineal feet of absorption trench, shall be calculated as set forth in this Section. Tables 4-1 (Absorption Area Requirements) and 4-2 (Standard Trench Adjustment Factors) , included in this Subsection, shall be referred to as necessary. (absorption area per bedroom) X no. of bedrooms) X (standard (width of trench, in feet) trench adjustment ;, factor) _f -12- TABLE 4-1 . Absorption Area Requirements . r Percolation Rate Absorption Area Per Bedroom (Minutes/Inch) (Square Feet) 0- 9 150 10 165 11-15 190 ' 16-20 215 21-25 230 26-30 250 31-35 270 36-40 285 ` 41-45 300 46-50 315 51-60 330 1 4 TABLE 4-2 . Standard Trench Adjustment Factor r Depth of Gravel Below Pipe Trench Width (in inches) (in Inches) 12 18 24 30 36 42 48 54 60 12 .75 .78 .80 .82 .83 .85 . 86 .87 .87 18 .60 .64 .66 .69 .71 .73 .75 .77 .78 24 . 50 .54 .57 .60 .62 .64 .66 .68 .70 30 .43 .47 . 50 .53 . 55 . 58 . 60 .62 .64 36 .37 .41 .44 .47 . 50 . 52 . 54 . 56 . 58 42 .33 .37 .40 .43 .45 .48 . 50 . 52 . 54 48 .30 .33 .36 .39 .42 .44 .46 .48 . 50 1 . For trenches not shown in Table 4-2, the standard trench adjustment factor may be computed as follows: W + 2 W + 1 + 2D Where W = width of trench (in feet) D = depth of gravel below pipe ( in feet) (2) Location of Private Sewage Disposal Systems : The minimum distance between components of a private sewage disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation) . Where physical limitations -13- ,.r 0 on a site preclude conformance with distance separation requirements, the Administrative Authority may approve a lesser separation when the design is prepared by a registered engineer competent in sanitary engineering and when adequate substantiating data is submitted with the design. The Administrative Authority shall not approve a separation less than that set forth in the "Water Quality Control Plan - Central Coast Region" unless the Regional Water Quality Control ' Board or its designated representatives have previously approved the design. TABLE 4-3 . Horizontal Distance Separation (in feet) 70 Building Septic Leach Field Seepage " Sewer Tank or Seepage Pit Bed Buildings or structures, 2 5 8 8 including porches, steps, breezeways, patios, and carports whether covered or not (2) Property Line Clear 5 5 10 (3) Water Supply Well 50 50 100 150 Streams, when shown 71 50 50 100 100 minute USGS Map and when a defined channel with definite bed and banks exists Swales, ephemeral draws 50 50 50 50 or other natural water- courses with drainage i g areas larger than 10 acres Trees 10 -- 10 Seepage Pits -- 5 5 12 Leach Field or -- 5 6 5 Seepage Bed (4) On-site domestic 1 -- 5 5 5 water service line -14- a Distribution Box -- -- 5 5 (5) Pressure Public Water 10 10 10 10 Main (6) (6) Sloping ground, cuts, -- -- 15 15 or other embankments (7 ) (7) Reservoirs, including 200 200 200 200 ponds, lakes, tanks, basins, etc. for storage, regulation and control of water, recreation, power, flood control or drinking Springs 100 100 100 100 (1) Distance separation shall be increased to twenty (20) feet when building or structure is located on a downward slope below a leach field, see pagebed or seepage pit. (2) See Section 315 (c) of Uniform Plumbing Code. (3) Distance separation may be reduced to twenty-five ( 25) feet when the drainage piping is constructed of materials approved for use within a building. (4) See Section 1108 of Uniform Plumbing Code. (5) For parallel construction or crossings, approval by the Health Department shall be required. (6) Distance is measured as horizontal distance to daylight. This distance may be reduced where it is demonstrated that favorable geologic conditions and soil permeability exist based on a report and analysis prepared by a licensed geologist or soils engineer. (7) Distance is measured at spillway elevation. 1 TABLE 4-4 . Vertical Distance Separation (in feet) Leach Field or Seepage Seepage bed Pit Ground water 5 10 Bedrock 10 4 1 . Distance is measured from bottom of trench or pit. (3) Additional Standards : (i) Existing legal building sites which are served by an individual on-site well may be approved for private sewage disposal system } -15- only if the site is one acre or larger in size. (ii) Private sewage disposal systems proposed to be installed on slopes of 20; or more shall be designed by and have their installation inspected and certified by a registered civil engineer. The design shall minimize grading disruption associated with access for installation and maintenance. Such systems shall be prohibited on slopes of 30% or more, unless approved by both the Administrative Authority and the Regional Water Quality Control Board. (iii) When the percolation rate exceeds 30 minutes/inch, a private sewage disposal system shall be designed, inspected, and certified to work by a registered civil engineer. u ( iv) When the percolation rate exceeds 60 minutes/inch, a private sewage disposal system using soil absorption shall not be allowed. (v) When the percolation rate exceeds 30 minutes/inch, a private sewage disposal system using a seepage pit shall not be allowed. (vi) Expansion area shall be provided on all building sites, shall be identified on all plans submitted for private sewage disposal systems, and shall remain available for system expansion. If areas reserved for system expansion are not accessible for future installation, then the expansion area shall be installed with the original system. {c) Special Design Standards . The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate ex- ceeds 60 minutes per inch. Designs for alternate types of private sewage disposal systems shall be by regis- tered engineers competent in sanitary engineering and may be approved by the Administrative Authority when the design engineer submits adequate substantiation data with the design. — (1) Determination of Size of Disposal Field. The size -16- of the disposal field shall be determined by the design engineer using methods of accepted engineering practice including manuals and documents specified in _this Chapter. (2) Location of Private Sewage Disposal System . The minimum distance between components of a private sewage disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Dis- tance Separation) using the column entitled "Leach w, r Field or Seepage Bed. " t4} (3) Additional Standards : (i) When private sewage disposal systems are de- _ signed pursuant to Subsection (c) of the Section, the design engineer shall provide the owner with information on the location, design, operation and maintenance of the pri- vate sewage disposal system. (ii) Existing legal building sites which are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one acre or larger in size. ( iii) Expansion area shall be provided on all building sites, shall be identified on all plans submitted for private sewage disposal systems, and shall remain available for sys- tem expansion. If areas reserved for system expansion are not accessible for future in- stallation, then the expansion area shall be installed with the original system. (d) Replacement of Existing Private Sewage Disposal System. Where an existing private sewage disposal system has failed, the replacement system shall be designed in conformance with this Chapter and shall be designed, inspected and certified to work by a registered engi- neer competent in sanitary engineering. In the event that the replacement system cannot be designed to con- form with this Chapter, the Administrative Authority may approve a system designed to lesser standards when it is designed, inspected, and certified to work by a registered engineer competent in sanitary engineering. (1) A private sewage disposal system shall not be re- placed by another system if sewers are available. -17- ( 2) The Administrative Authority shall not approve a replacement system which does not conform with prohibitions set forth in the "Water Quality Con- trol Plan - Central coast Basin" unless the Regional Water Quality Control Board or its desig- nated representatives has previously approved the design. The Administrative Authority may author- ize a temporary means of sewage disposal pending such approval. F .. F i}: TITLE 8 - BUILDING REGULATIONS Chapter 5 . Mechanical Code 8-5 . 101. Adoption of Uniform Mechanical Code. Certain documents marked and designated as the "Uniform Mechanical Code" , including all appendices, 1988 Edition, published by the International Association of Plumbing and Mechanical Officials, are hereby adopted for regulating and controlling the design, construction, installation, quality of materials, location, operation and main- tenance or use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances. Each and all of the regulation, provisions, condi- tions and terms of such "Uniform Mechanical Code" , 1988 Edition, published by the International Association of Plumbing and Me- chanical Officials and the International Conference of Building Officials, on file in the Building Division, are hereby referred to and made apart hereof, as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-5 . 102. Deletion of Certain Parts of the Uniform Mechanical Code. The following portions of the "Uniform Mechanical Code, " 1988 Edition, are hereby deleted: (a) Chapter 1 (Title, Scope and General) , including Sec- tions 101-107 (b) Chapter 2 (Organization and Enforcement) , including Sections 201-204 (c) Chapter 3 (Permits and Inspections) , including Sections 301-306 and Table No. 3-A (d) Chapter 5 (Heating, Ventilation and Cooling) Section 509 . A 120 volt receptacle shall be located within 25 feet of the equipment for service and maintenance purposes . 8-5 . 103. Installation of Liquefied Petroleum Gas-burning Appliances. The following shall be added to the last paragraph of Section 504 (Installation) : .__ -19- E . . . . "When appliances so fueled are located in underfloor or attic areas, provision shall be made to drain the appliance _ to the outside of the building. " LPG lines are prohibited under concrete slabs . p -20- TITLE 8 - BUILDING REGULATIONS Chapter 6 . Swimming Pool, Spa and Hot Tub Code 8-6 . 101. Adoption of Uniform Swimming Pool, Spa and Hot Tub .Code. Certain documents marked and designated as the "Uniform Swimming Pool, Spa and Hot Tub Code" , 1988 Edition, published by the International Association of Plumbing and Mechanical Officials, are hereby adopted for regulating the erection, insta- llation, alteration, addition, repair, relocation, replacement, maintenance or use of any swimming pool, spa or hot tub plumbing system. Each and all of the regulations, provisions, conditions, and terms of such "Uniform Swimming Pool, Spa and Hot Tub Code", 1985 Edition, published by the International Association of Plumbing and Mechanical Officials, on file in the Building Divi- sion, are hereby referred to and made a part hereof as if fully set out in this Chapter. 8-6 .102 . Deletion of Certain Parts of the Uniform Swimming Pool, Spa and Hot Tub Code. The following portions of the "Uniform Swimming Pool, Spa and Hot Tub Code", 1988 Edition, are hereby deleted: (a) Part 1 (Administration) including Section 1 .0-1 .9 and 1 .11-1 . 18 8-6 . 103. Swimming Pool Defined. The definition of a swimming pool in Section 102 of the "Uniform Swimming Pool, Spa and Hot Tub Code" , 1988 Edition, shall be revised to read as follows : "Swimming Pool - Any constructed or prefabricated pool used for swimming or bathing. " -21- TITLE 8 - BUILDING REGULATIONS Chapter 7 . Sign Code ,•ate g r 8-7 .101. Adoption of Uniform Sign Code. Certain documents narked and esignated as the "Uniform Sign Code, " 1988 Edition, published by the International Conference of Building Officials, are hereby adopted for regulating the design, quality of materi- als, construction, location, electrification, and maintenance of },N all signs an sign structures . Each and all of the regulations, , provisions, conditions and terms of such "Uniform Sign Code" , 1988 Edition, published by the International Conference of Build- ing officials, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this °. Chapter, except as otherwise provided in this Chapter. _ 8-7 .102. Deletion of Certain Parts of the Uniform Sign Code . The following portions of the "Uniform Sign Code" , 1988 Edition, are hereby deleted: t (a) Chapter 1 (Title, Scope and Enforcement) , including Sections 101-103 (b) Chapter 3 (Permits, Fees and Inspections) , including Sections 301-306 (c) Section 1401 (Temporary Signs - General) -22- • TITLE 8 - BUILDING REGULATIONS Chapter 8. Fire Code 8-8. 101 . Adoption of Uniform Fire Code. Certain documents marked and designated as the "Uniform Fire Code" , including ; Appendix Chapter I-A (Life Safety Requirements for Existing ' z Buildings OTHER THAN HIGH RISE) , Chapter-1 S-I-C (Stairway Identification) , Chapter II-A (Suppression and Control of Hazardous Fire Areas) , Chapter II-B (Protection of Flammable or Combustible Liquids in Tanks in Locations That May Be Flooded Chapter II-D (Rifle Ranges) , II-E (HAZARDOUS MATERIALS MANAGEMENT = PLAN AND HAZARDOUS MATERIALS INVENTORY STATEMENT) ,Chapter III-A (FIRE-FLOW REQUIREMENTS FOR BUILDINGS) , III-B (FIRE HYDRANT LOCATION AND DISTRIBUTION) , 1._1-•X111-C (Test Procedures for Fire Extinguishing Systems, STANDPIPES AND COMBINATION SYSTEMS) , Chapter III-D (Basement Pipe Inlets) , _(ri re r Chapter IV-A (Interior Floor Finish) , Chapter V-A (NATIONALLY RECOGNIZED STANDARDS OF GOOD PRACTICE) , VI-A (HAZARDOUS MATERIALS CLASSIFICATIONS) , V-A VI-B (Emergency Relief Venting for Fire Exposure for Aboveground Tanks) , --1-95.2.. -Sc � err, and the "Uniform Fire Code Standards" , 1988 Edition, are hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Each and all of the regulations, provisions, . conditions, and terms of such "Uniform Fire Code", 1988 Edition, and the "Uniform Fire Code Standards" , 1988 Edition, published by the Western Fire Chiefs Association and the International Confer- ence of Building Officials, on file in the Building Division are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. r 8-8. 102. Deletion of Certain Parts of the Uniform Fire Code . The following portions of the "Uniform Fire Code" , 1988 Edition, are hereby deleted: (a) Section 2 .302 (Board of Appeals) 8-8 . 103. Board of Appeals. In order to provide for interpreta- pretation of the provisions of the Chapter and to hear approvals provided for hereunder, the Board of Appeals established pursuant ito Section 8-1 . 104 shall govern. __Procedures specified by Section 8-1 . 104 (Gc (e) shall be followed. -23- ' 8-8. 104 . Alarm Signal Defined. The definition of an alarm sig- nal in ARTICLE 14 SECTION 14 . 1021shall be revised as follows: " (c) Alarm Signal is an audible or visual signal, or both, indicating the existing of an emergency fire condition. Audible devices may be bells, horns, chimes, speakers or similar devices but no au 'm audible alarm shall conflict with the response of emergency vehicles or civil r defense systems. Under no circumstances shall sirens Y2 of wail, yelp or hi-lo soundings be used. All devices p ' shall be approved by the Police and Fire Chiefs . " 8-8 . 105. Establishment of Limits of Districts in Which Storage , of Flammable or Combustible Liquids in Outside Aboveground Tanks is Prohibited. The limits referred to in Section 79 .501 of the Uniform Fire Code in which the storage of flammable or combusti- ble liquids is prohibited are hereby established as the City Limits of the City of Atascadero. This section shall not apply to storage of flammable or combustible liquids in aboveground vaults as approved by the Fire Department. 5 8-8. 106. Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is Prohibited. The limits referred to in Section 77 . 106 (B) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as the City Limits of the City of Atasca- dero. i 8-8 . 107. Establishment of Limits in Which Storage of Liquified q Petroleum Gases is Restricted. The limits referred to in Section 82 . 105JAJ (b) of the Uniform Fire Code, in which storage of liquified Petroleum gas is restricted, are hereby established as the City Limits of the City of At ascadero. 8-8. 108 . Automatic Fire Extinguishing Systems . Section 10.306 (a) shall be revised to read as follows : *-f Section 1-{3-.-308(-A-}- 10.306(a) where required. An automatic fire extinguishing system shall be installed: g g Y 1 . In all new buildings or structures having a total floor area of 1(-,-GO-G- 5,000 square feet of gross area or more. 2 . IN ALL EXISTING BUILDINGS OF LESSTHAT5, 000 SQUARE FEET WHICH UNDERGO ADDITION SUFFICIENT TO MAKE THE TOTAL GREATER THAN 5,000 SQUARE FEET. -24 3 . In all existing buildings or structures with a total floor area exceeding =1=G=,-G&& 5 ,000 square feet which undergo ANY addition. 44-x- emeess �a-1- £-1-tx33� -4- 3 . In the occupancies and locations as set forth in this section. For purpose of this section, the total floor area shall be computed without regard to area separation walls and floors of less than 4-hour fire resistive construction as defined in the Uniform Building Code. For special provisions on hazardous chemicals and magnesium, and calcium carbide, Sections 10 .301 and 45 . 209 and Articles 48, 491, and 80. 8-8. 109. Fire Retardant Roofing Materials Required. Roof cover- ings for all new buildings and for any re-roofing of existing buildings shall be no less than Class C, regardless of building type or occupancy. Any reference to the approved use of roofing materials with less than a class C rating is hereby deleted. 8-8. 110 . FIRE APPARATUS ACCESS ROADS - TURNING RADIUS. SECTION 10. 207 (G) SHALL BE REVISED TO READ AS FOLLOWS: SECTION 10. 207 (G) TURNING RADIUS. THE TURNING RADIUS OF A FIRE APPARATUS ACCESS ROAD SHALL BE AT LEAST 28 FEET INSIDE RADIUS AND 48 FEET OUTSIDE RADIUS. 8-8 . 111 . FIRE APPARATUS ACCESS ROADS - GRADE . SECTION 10. 207 (1) SHALL BE REVISED TO READ AS FOLLOWS: SECTION 10. 207 (J) GRADE. THE GRADIENT FOR A FIRE APPARATUS ACCESS ROAD SHALL NOT EXCEED 20; AT ANY POINT ALONG ITS LENGTH. 25 � s • TITLE 8 - BUILDING REGULATIONS Chapter 9 . Housing Code 8-9 . 101. Adoption of Uniform Housing Code. Certain documents marked and designated as the "Uniform Housing Code" , 1988 Edi- tion, published by the International Conference of Building Officials, are Hereby adopted for regulating the use and occu- pancy, location and maintenance of residential buildings and structures . Each and all of the regulations , provisions, conditions and terms of such "Uniform Housing Code" , 1988 Edi- tion, published by the International Conference of Building Officials , on file in the Building Division, are Hereby referred to acid made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-9 . 102. Deletion of Certain Parts of the Uniform Housing Code . The following portions of the "Uniform Housing Code" , 1988 Edition, are hereby deleted: ( a) Section 203 (Housing Advisory and Appeals Board) 8-9 . 103 . References to Building Code. References made in Chapters 1 , 2 and 3 of the "Uniform Housing Code" , 1988 Edition, to various administrative sections and chapters of the Building Code shall meati the corresponding sections and chapters of Chap- ter 1 of this Title. 8-9 . 104. Appeals Board. In order to provide for interpretation of the provisions of this Chapter and to hear appeals provided for Hereunder, the Board of Appeals established pursuant to Sec- tion 8-1 . 103 shall govern. References to the Housing Advisory and Appeals Board in the Uniform Housing Code shall mean the Board of Appeals established pursuant to Section 8-1 . 104 . Pro- cedures specified by Section 8-1 . 104 ( c) shall be followed except where additional procedures are required by this Chapter. 8-9 . 105 . Time Limits for Appeals . The following portions of the "Uniform Housing Code" , 1988 Edition, are modified as specified: (a) Section 110i (b) (5 ) is amended to change the appeal time from 1130 days" to 1114 days . " -26- a (b) The last paragraph of Section 1201 (a) is amended to read as follows : "The appeal shall be filed within 14 days from the date of service of such notice or action of the Building Official . " -27- TITLE 8 - BUILDINGS REGULATIONS Chapter 10 . Dangerous Buildings Code 8-10 . 101. Adoption of Uniform Code for the Abatement of Dangerous Buildings. Certain documents marked and designated as the "Uniform Code for the Abatement of Dangerous Buildings" , 1988 Edition, published by the International Conference of Building Officials, are hereby adopted for regulating the repair, vacation or demolition of buildings or structures which may endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants . Each and all of the regula- tions, provisions, conditions and terms of such "Uniform Code for the Abatement of Dangerous Buildings" , 1988 Edition, published by the International Conference of Building Officials, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter. 8-10 . 102 . The following is added to Section 202 . As an alterna- tive, if the judgement of the Building Official or other employee or official of this jurisdiction as designated by the governing body, may institute alio other appropriate action to prevent, re- strain, correct or abate the violation. 8-10 . 103 . Deletion of Certain Farts of the Uniform Code for the Abatement o Dangerous Buildings. The following portions of the "Uniform Code foF the Abatement of Dangerous Buildings" , 1988 Edition, are hereby deleted: (a) Section 205 (Appeals Board) 8-10 . 104 . References to Buildinu_ Code . References made in Chauters 1 and 2 of the "Uniform Code for the Abatement of Dan- gerous Buildings" , 1988 Edition, to various administrative h sections and capters of the Building Code shall meati the corres- ponding sections and chapters of Chapter 1 of this Title. 8-10 . 105. Appeals Board. In order to provide for interpretation of the provisions of this Chapter and to Bear appeals provided for hereunder, the Board of Appeals established pursuant to Section 8-1 . 104 shall govern. Procedures specified by Section 8-1 . 103 (c) shall be followed except where additional procedures are required by this Chapter. -28- 8-10 . 106. Time Limit for Appeals . The following portions of the "Uniform Code for the Abatement of Dangerous Buildings" , 1988 Edition, are modified as specified: (a) section 401 (b) ( 5) is amended to change the appeal time from 1130 days". to 1114 days . " (b) The last paragraph of Section 501 ( x) is amended to read as follows: "The appeal shall be filed within 14 days from the date of service of such notice or action of the Building Official . " -29- TITLE 8 - BUILDING REGULATIONS CHAPTER 11 . CONSERVATION CODE 8-11 . 101 . ADOPTION OF UNIFORM CODE FOR BUILDING CONSERVATION . CERTAIN DOCUMENTS MARKED AND DESIGNATED AS THE "UNIFORM CODE FOR BUILDING CONSERVATION" , INCLUDING ALL APPENDICES; LATEST EDITION PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS ARE HEREBY ADOPTED TO ESTABLISH LIFE-SAFETY REQUIREMENTS FOR ALL EXISTING BUILDINGS THAT UNDERGO ALTERATION OR A CHANGE IN USE. ITS ' PROVISIONS OFFER ALTERNATIVE METHODS OF ACHIEVING SAFETY SO THAT THE INVENTORY OF EXISTING BUILDINGS CAN BE PRESERVED. EACH AND ALL OF THE REGULATIONS . PROVISIONS . CONDITIONS . AND TERMS OF SUCH "UNIFORM CODE FOR BUILDING CONSERVATION" , LATEST EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, ON FILE IN THE BUILDING DIVISION. ARE HEREBY REFERRED TO AND MADE A PART HEREOF AS IF FULLY SET OUT IN THIS CHAPTER, EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER. • -30- RESOLUTION NO. 5-85 A RESOLUTION OF THE ATASCADERO CITY COUNCIL ESTABLISHING FEES FOR PERMITS AND OTHER ACTIVITIES UNDERTAKEN PURSUANT TO BUILDING AND CONSTRUCTION REGULATIONS WHEREAS, the Government Code provides that fees may be collected to cover the costs of administering permit, plan review and inspection activities; and WHEREAS, it is appropriate to establish fees and deposits which cover the cost of providing the services requested; and WHEREAS, the International Conference of Building Officials has prepared standardized fee schedules which are in widespread use, based on their experience with permit, plan review and inspection activities : and WHEREAS, the City council field a public hearing to consider this matter on February 12 , 1985 . NOW, THEREFORE, the Atascadero City Council does resolve to establish the following fee schedule for building and construction services . Table 1 Building, Electrical, Mechanical , Plumbing, Retaining Wall and Solar Permits Valuation* Permit Fee As determined by Building Official Valuation X . 012 utilizing "Building Valuation Data" (Minimum fee=930 . 00) from Building Standards Table 2 Grading Permits includes Plan Check Volume Permit Fee 49 cubic yards or less 0 .00 50 cubic yards to 999 cubic _yards 50 . 00 1 , 000 cubic yards to 4 , 999 cubic yards 9100 . 00 5, 000 cubic yards or more X130 .00 + 127 . 00 for each additional 10, 000 cubic vards or fraction thereof . A copy of any contract may be required by the Building Official to verify valuation lA Resolution No. 5-85 Table 3 Sign Permits Includes Plan Check Valuation* Permit Fee Valuation of sign ( including any valuation X . 00987 electrical) Table 4 Swimming Pool, Spas; and Hot Tub Permits Includes Plan Check Valuation* Permit Fee Valuation of project cost ( including Valuation X .00876 electrical, mechanical & plumbing) Table 5 Miscellaneous Fees Structural plan check Total permit fee (per Table 1 ) X . 237 Self-certified plan check (The Building Total permit fee Official may waive city structural plan (per Table i ) where plans are certified by a registered X . 08 architect, building designer, or engineer thereby limiting plan review to affected City departments . ) Demolition (exclude Fire Department drills) $ 30. 00 Compliance Survey $100 .00 Building Relocation $350. 00 Temporary Dwelling ( including mobile home) $ 35 . 00 Mobile Home $200 Inspection for which no fee is indicated 20 .00/hr (portal-to-portal) Re-inspection (per Administrative Code $ 20. 00feach Section) Inspections outside normal business hours $ 3O. 00fhr (portal-to portal ) Replacement of Inspection Record Card $ 10 . 00 Replacement of Job Copy of Approved Plans $ 15 . 00 A copy of any contract may be required by the Building Official to verify valuation 2A Resolution No. 5-85 Cross-Connection Actual Cost ( $225 . 00 deposit less $25 . 00 to be retained by City for its cost, with unused portion of cost billed by Health Department to be returned to the permittee) Driveway Encroachment $ 20 . 00 Appeal To Board of Appeals $ 50.00 To City Council $ 50 . 00 Investigation Fee (for work commenced Equal to permit without permit) fee required by this Resolution NOW, THEREFORE, the Council of the City of Atascadero does further resolve to rescind Resolution No. 40-83 establishing the City' s Building and Construction fee schedule. On motion by Molina and seconded by Handshy the foregoing resolution is Hereby adopted in its entirety on the following roil call vote: AYES: Councilman Molina and Handshy, Councilwoman Norris and Mackey NOES: None ABSENT: None ADOPTED: February 12, 1985 ROLFE NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: RALPH H. DOWELL, JR. , Acting City Manager 3A 0 MEETING AGENDA DATE 12Z12/8 ITEM A B-3 KENGRAND City of Atascadero November 30, 1989 To: Ray Windsor, City Manager From: Arther R. Montandon, City Attorney Subject: Ordinance Revising Terms of Planning Commissioners RegQmme_n at; n: That the City Council review, consider, introduce, and adopt the proposed ordinance. ackgz : The City Council favorably considered a request by Planning Commissioner George Highland to change the Planning Commissioners ' terms of office. Upon Council direction given at the November 28, 1989 meeting, this ordinance is submitted for consideration and adoption. The existing and proposed terms are depicted on the attached diagram submitted by Commissioner Highland. • Respectfully submitted, ARTHER R. MONTANDON City Attorney ARM: f r Attachments • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, 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 COMMISSION The City Council of the City of Atascadero, California, does ordain as follows: &C't;_on__i . Section 2-9.02 of the Atascadero Municipal Code is amended to read as follows: Sec._.2-gA— Me la rs.-.-Ap-pointment: Terms of Office. The City Council shall appoint the members of the Planning Commission. Three (3) members have been appointed for terms which shall expire August 1, 1990, and four (4) members have been appointed for terms which shall expire August 1, 1992. These terms shall be extended to September 1 of the respective years. Commencing September 1, 1990, one (1) member shall be appointed for a three (3) year term, which shall expire September 1, 1993, and two (2) members shall be appointed for four (4) year terms, which shall expire • September 1, 1994. Commencing September 1, 1992, two (2) members shall be appointed for three (3) year terms, which shall expire September 1, 1995, and two (2) members shall be appointed for four (4) year terms, which shall expire September 1, 1996. Thereafter, all terms shall be for four (4) years and shall expire four (4) years after September 1st of the date of appointment, except those appointments made after the commencement of the term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. Section 2. Section 2-9.03 of the Atascadero Municipal Code is amended to read as follows: Sec . 2-9.03 . Absence from Meetings. Absence of a member of the Planning Commission from three (3) consecutive meetings, or from four (4) meetings during a calendar year, without formal consent of the Planning Commission noted in its official minutes, shall be reported by the Planning Director to the City Council for consideration of removal from office. Section 3 . Section 2-9.04 of the Atascadero Municipal Code is amended to read as follows: ORDINANCE NO. 200 Page 2 Sec. 2-9.04 . Members: R moval from Office. A member of the Planning Commission serves at the pleasure of the City Council and may be removed from office, with or without cause, by a majority vote of all the members of the City Council. Section 2 . 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 certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 3 . 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 and seconded by the foregoing ordinance is approved by the following roll call vote: Ayes: Noes: Absent: Date Adopted: By ROLLIN DEXTER, Mayor City of Atascadero, California Approved as to form: ARTHER R. MO TANDO , City Attorney Approved as to content: RAY WINDSOR, City Manager ARM: fr ORD: 3 MEETING AGENDA DAT 12 ?,a9 ITEM 0 H-4 • MEHORUM City of Atascadero November 21, 1989 To: Ray Windsor, City Manager From: Arther R. Montandon, City Attorney Subject: Tape Recording of City Council Meetings Reco.mm_en at i On: Ask the City Council to review, discuss if desired, introduce, and adopt the proposed ordinance which would repeal AMC Section 2-1 .19 regulating recordation of City Council meetings. Back"aurLd: Dr. George Luna questioned the validity of AMC Section 2-1.19 at the City Council ' s November 11 , 1989 meeting. The Council requested that it be reviewed. niG - KGs, n: AMC Section 2-1 .19 requires that four hours prior notice be given of a citizen's intent to record a City Council meeting. This ordinance conflicts, to some extent, with • Government Code Section 54953 .5. The state law allows recordation of City Council meetings unless such recording causes disruption of the meeting. The City' s ordinance could be redrafted to preserve some notice requirement, but in light of the confusion it may cause and the desire of the City Council to allow recordation whenever possible, I have recommended repeal of AMC Section 2-1 .19. An ordinance is attached for City Council ' s review, discussion, introduction, and adoption. I remain at your disposal to answer your questions and respond to your concerns. Respectfully submitted, ARTNER R. MONTA :D:ON City Attorney ARM: f r Attachment • ORDINANCE NO. ,� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY • OF ATASCADERO, CALIFORNIA, REPEALING SECTION 2-1.19 OF THE ATASCADERO MUNICIPAL CODE, WHICH REGULATED THE RECORDATION OF CITY COUNCIL MEETINGS The City Council of the City of Atascadero, California, does ordain as follows: S_ec-ti_o l. Section 2-1 .19 of the Atascadero Municipal Code is hereby repealed. &z Ton . . 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 certification together with proof of posting to be entered into the Book of Ordinances of the City. Sjec'tijoa.j . 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 and seconded by • -- - - - the foregoing ordinance is approved by the following roll call vote: Ayes: Noes: Absent: Date Adopted: By ROLLIN DEXTER, Mayor Approved as to form: City of Atascadero, California ARTHER R. MO TAND N, City Attorney Approved as to content: RAY WINDSOR, City Manager • ARM: f r ORD: 2 MEETING AGENDA • • DATE 12/12/89 ITEM# C-1 • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B•2 Through: Ray Windsor, City Manager Meeting Date: 11/28/89 via: Henry Engen, Community Development Director From: Lisa Schicker, City Arborist SUBJECT: - - Consideration of a request to remove Dile heritage tree, a 36" dbh Quercus lobata from a field used for grazing animals, by Daryl Sliah at 8250 Los OSos Road. RECOMMENDATION: Based on arborists ' reports and current ordinance, approve removal subject to 2 : 1 replacement. Please see additional com- • L1ei1t5 . BACKGROUND: The tree ordinance specifies that live native trees 20" or greater dbh are deemed Heritage trees and cannot be removed unless approved by the City Council following a public hearing. Iii addition to previous comments I have made about Quercus lobata (valley oak) , these trees, especially in their older age, provide an ecological niche and habitat for numerous species of wildlife. This tree in particular has become the main acorn "granary" for a family group of acorn woodpeckers, one of the only gregarious species of woodpeckers in North America (Koenig and Mumme, The Population Ecology of Cooperatively Breeding Acorn Woodpeckers, 1987 ) . This particular tree (on the Sligh' s property) has thousands of storage holes along its trunk that were created by the acorn woodpeckers over many years; they use this tree to store acorns for winter and spring feeding. This tree was inspected by arborists D.O. Denney ( for the Slighs) , Jack Brazeal ( for the City); Randy Rossi and myself on separate occasions . Photographs of the tree are provided in Denney' s report. There are no other Quercus lobata on the property, and there are over 100 Quercus dougalsii (blue oak) on site . ANALYSIS : • It is not disputed that this tree is over 60 dead, as both arborists state. Based on this fact, the wording of the current ordinance and the owner' s request, this tree permit may be issued. • Therefore, I recommend the following: If Mr. Sligh is not willing to save this tree, and still wishes to have it removed, ask for a two to one replacement ( 15 gallon Quercus lobata) on site. If Mr. Sligh still wants to use this land for grazing, these young trees will need to be protected with fencing for a few years until they get tall enough to avoid being browsed. The following guidelines should assist Mr. Sligh with the planting of these replacement oaks : 1 . Choose 2 , 15 gallon size Quercus lobata. 2 . Inspect the trees for encircling roots (roots that wrap around the pot have a poorer chance of straightening out and growing right in the ground. 3 . When planting, Blake sure that the roots have been untangled, straightened and loosened as much as possible. 4 . Plant in a Bole at least twice as big as the pot, and use native soils in the Bole. 5 . Provide the tree with deep watering - meaning a slow, gradual and long watering (which encourages downward root • growth to anchor the tree) . Provide one deep watering in late spring and two in the summer. If drip irrigation is used, do long, slow waterings applying 10-20 gallons over a three-four hour period. 6 . Protect the young trees from grazing animals with some kind of fencing - welded wire fencing of at least 4 feet in height (I can provide some specs if needed) . In either case, we should also acknowledge that this site has a very valuable stand of blue oaks (over a hundred) in this field as well . Because Mr. Sligh is intending to irrigate his new landscape, it would be important to note that oaks can decline or die as a result of root rot fungus from overwatering, and it would be advisable for him to avoid watering those areas . Attachments : Application Site Piaci Arborists ' reports and photographs cc Daryl Sligh 0 'Bill I M1 ' ' �; IQ 9,9 COMMUNITY DEVELOPMENT DEPARTMENT 1 18 a N 1979 C PLANNING DIVISION 6500 Palma Ave. P.O. Box 747 Atascadero, CA 93423 (805) 466-8000 APPLICATION , - FORM Please type or print in ink Owner: DARYL SLIGH Agent: n.n_ DENNEY Address: 8250 IAS OSOS RD. Address: P.O. BOX 3090 ATASCADERO, CA, 93422 PASO ROBLES. CA, 93446 Phone #: (805) 466-1381 Phone #: Applicant: DARYL SLIGH U6 Cc�rrt.f?cr 3 Address: 8250 LOS OSOS RD. ATASCADERO, CA. 93422 Phone #: (805) 466-1381 < Project Description: REMO�TAT. OF DYING TREE__FOR SAFETY RF.ASnN-, SjTM AS FALLEN LIMBS AND BRANCHES ENDAAGEiRING PEOPLE, ANIMALS, AND P,Q. & E. POWER LINES THAT ARE WITHIN THE IMMEDIATE AREA OF THE DYING TREE. Existing Use: FIELD USED FOR GRA_7.TNQ ANIMAT.S. Project Address: 8250 IAS OSOS RD. Legal Description: Lot (s) 18 ; Block 37 ; Tract 126 Assessors Parcel No(s) : 0-%. 481.- + I/We consent to the filing of this application and declare that this application and related documents are true and correct. (NOTE: The signature of the property owner is required on the application before it will be accepted for processing. ) Owner Agent 0/04/A9 l O - 2- Date -Date Date For Staff Use Only Fee: Receipt #: Tree Removal Permit Application via Supplemental Information 198 M! G; 1979 (Please type or print in ink) Reason for Removal : nam -fir« A,.p. '1607, de-.c`_ Gft4c allies Number of Trees to be Removed : o n Ci) Specify the size (measured 4 ' above ground level ) , species (both common and botanical name) and condition of each tree to be removed: S;-Z-e- 'SpecIes C oftc1*1410- 1 " Cz)1 j= L'a i�bOr (00 <o c�t�ad 2• � �i)brGli I c�a� q 3. 4• 5. Specify the size and species of the trees proposed to replace those intended for removal : , 1 • Reath &-- w% 4-6 -C _r.l St 2. 3. 4. 5. Please prepare a "Plot Plan" showing all improvements on your property, trees to be removed , trees to remain, and the proposed location of replacement trees as per the attached example. Z 0 Z Owner Arborist Certificate Number in'znLusq %C — 2- — P9' Date Date N 4R r .. 3 T«. . C•r cn 1 rQE� _• t REM �BE O Ep T,y iN A SRF 500 " t LLD* 8 a y� 8250 LOS OSO S ROAD 9C AMERICAN SOCIETY OF CONSULTING ARBORISTS FIELD REPORT CASE LOCATION 8250 Los Osos Road CITY AYacradPrn, r;; OWNER NAME Darrell S1iQh ADDRESS 8250 Los Osos Road CITY Atasradero, rA RES. PHONE ( 805 ) 466-1381 BUS. PHONE ( 805 ) 239-2550 AGENT NAME ADDRESS CITY RES. PHONE ( ) BUS. PHONE ( ) DAMAGE or ACCIDENT DATE TYPE OF DAMAGE INSPECTION DATE WEATHER TEMP. ' '(' 04`9•.. D. 0. Denney Certified Arborist #391 P.O. Box 3090 Paso Robles, CA 93447 Number Size Species Condition 1 36" White Oak Poor, 40% dead (Quercus lobata) Recommendation: Removal Attach All correspondence Ilene xrapbs: Remember to data, designate direction lacing camera, ex .111, each plwto and number accordingly. a el y I it .fir .' .. .• '. ! «� CC" ►r y,:s. ,ipr r�,a'�." - '>+c.Lice i — AF` ti� Ac' .'1' ?' V �n7 SvtPIr�A�Y grid Iteconuneodatlonst -�- �e_C �'r t1i. �YIPt— iS C.L?G�CP(L)p�--_L�r"' FBF JACK BRAZEAL TREE CONSULTANT _STERN �;- CHAPTER 4531 SKIPJACK LANE PASO ROBLES, CA 93446 t WCISA #163 •�'' (805) 227-6140 9RB0RXS� i October 25, 1989 Lisa Schieker, City Arborist Community Development Department City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Certified Arborist Review for: Tree Removal Request by Darrell Sligh 8250 Los Osos Road Atascadero, California 93422 This report is to give a second opinion of the tree removal request, by Mr. Sligh, for the City of Atascadero. The tree requested for removal is a thirty-six inch diameter Valley Oak (Quercus lobata. ) The tree is located in a group of Blue Oaks of various diameters, mostly eighteen to twenty- four inches. This thirty-six inch diameter Valley Oak ap- pears to be the only Valley Oak in the immediate area. j The condition of this Valley Oak is declining and is forty ' to sixty percent dead. This tree could be safety pruned and retained for an undetermined life expectancy, extremes would be five to twenty years. My opinion is that, due to the present condition of this tree and the short life expectancy and the presence of many other healthy oak trees in the immediate area, this old and declining Valley Oak be allowed removal . i - 2y -91 ck Brazeal, Arborist Date i i • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-2(A) From: Ray Windsor, City Manager Meeting Date: =2/12/89 SUBJECT: Graves Creek Project RECOMMENDATION: • In light of the request by Mr. and Mrs . Berry for consider- ation of a storm drain along Balboa from the southerly extension of the Dovica tract, Council needs to give direction to staff on the appropriateness of our suggested improvements so that this matter can be expedited. BACKGROUND: The attached data has been excerpted from the packet which was provided for your November 21st joint meeting with the Plan- ning Commission. RW: cw • • •DATEMEETIN �iGENQ� i I M E M O R A N D U M TO: City Council FROM: Henry Engen, Community Development Director RE: General Plan Language Regarding Flood Control and Drainage System Plan Language DATE: November 6, 1989 BACKGROUND: The attached legal opinion has been received in response to our request for same on the issue of the General Plan' s language indicating that a "systematic study of the Colony shall be made and a comprehensive flood control and drainage system shall be designed" . ANALYSIS: Although a detailed workro ram would have to be designed to p g g generate accurate estimates of the cost of doing such a pian, a ball park figure of 1100, 000 would not be unreasonable. Hereto- fore, the engineering staff has prepared drainage plans for the Amapoa-Tecorida sub-basin area and for the San Jacinto sub-basin area. The former led to special fees to pay for planned improve- ments and the latter is on the shelf due to cost implications of implementation. On private projects where applicants are af- fecting drainage (whether roads or building construction) , applicant' s engineers are required to submit, for staff review and approval, analyses showing that proposed improvements would accommodate drainage resulting therefrom. In effect then, comprehensive designs have been done for specific problem drainage basins in the built-up area of the City with individual projects being required to do sub-basin analyses for the design of such features as culverts, etc . It would be my opinion that pursuit of a City-wide detailed drainage master plan is not a high priority item. In fact, the probability is that even with such a plan it would not provide the detail some people would expect without driving the costs to an astronomical level . • This issue has arisen from RS (Suburban Residential) locations but the General Plan fp. 491 states the following for Suburban Services Areas : "Services to be provided are similar to the Urban Services Area, except for the exclusion of sewers and drainage. " The attached memorandum from Gary Sims evaluates our drainage situation and offers suggestions for thoughtfully dealing with the problem. Should, however, the Council wish to pursue an RFP and generate firm cost figures for such a plan, it would take probably three to four months to go through such a process . This is a manor effort that is not in this year' s budget. Alternatively, the General Plan Update provides a timely opportunity to re-think the language within the General Plan and to clarify the lang- uage accordingly. RECOMMENDATIONS: That the Citv Council schedule a study session with the Planning Commission to discuss this issue on Tuesday, November 21 , 1989 , at 7 :30 p.m. HE :ph Enclosure : Gary Sims , Memorandum of November 6 , 1989 Legal opinion of October 19 , 1989 Request for Opinion - October 11 , 1989 CC : Planninct Commission Ray Windsor, City Manager Gary Sims , Sr. Civil Engineer Steve DeCamp, City Planner Bob Fielding, Chief Building Official. MEMORANDUM TO: Henry Engen November 6, 1989 VIA: FROM: Gary Sims SUBJECT: General Plan — Drainage Master Plan Recently you requested comments concerning the usefulness of contracting for the preparation of a drainage system master Plan. I have the following comments . General Comments 1 . Most of the land area within the boundaries of the City is characterized by steep, localized ravines with only . a few major creeks . Most of our drainage facilities are small culverts with small upstream drainage areas . Most of the ravines remain fairly steep all of the way to the receiving creeks, resulting in few flat flood plains . Thus, there are few large scale basins to be addressed by a master plan. 2 . The creeks, Atascadero Creek, Graves Creek, Paloma Creek and the major tributaries, are characterized by relatively steep, well defined channels . The flood levels in these channels have already been addressed by the FEMA neaps . The detailed bridge hydrology studies for three sites along Atascadero Creek, one site on Graves Creek, and one site on a tributary to Graves Creek, have demonstrated that these flood estimates are fairly accurate up to and including the 100 year flood predictions . 3. Development within these flood prone areas is usually not feasible because the flood waters are generally confined to the creek channels . Where projects are Proposed within a major flood plain, a detailed study will be required to address the particular characteristics of the project . Rural Drainage Improvements and Conflicts 1 . Most of the rural drainage facilities include small diameter culverts beneath roads . These culverts typically drain a very small area . 2 . It will rarely be feasible to construct urban style storm drain systems, directing flow parallel to the roads, for two reasons. First, the rural roads typically run across steep slopes, resulting in frequent changes in road grade . Second, the density of the development is too low to make storm drain systems economically feasible . Diverting water from historic drainage swales is usually not economically merited. 3 . Most of the conflicts between property owners and between the City and property owners results from development within these historic drainage swales and attempts to limit the flow within these swales . It is not likely that a master plan will be able to foresee or address these conflicts . Urban Drainage Improvements and Conflicts 1 . Currently, the City has control of, or maintenance responsibility for, few of the large drainage swales or drainage culverts within the urban areas . The City ' s responsibilities have been largely restricted to maintaining small culverts beneath the roadways . 2 . Implementing subsurface storm drain systems to current design standards within the urban areas would be extremely expensive . It is likely that this could only be accomplished through the formation of assessment districts . It doesn' t appear that this level of expense would be merited except in a few cases where open channels adjacent roadways could be replaced with underground storm drains, i .e . , along La Linia. 3. Because of the typically steep slopes within the City, most of the roads are fairly well drained. 4. One area that could use a drainage master plan is the densely populated Sinaloa, Santa Ysabel , and Sombrilla region. This area is characterized by a maze of surface flow accommodations with no thought to downstream impacts or comprehensive street improvements . Drainage Policy General plan statements concerning drainage policy would be beneficial and some guidelines are definitely needed. Included below are some of the potential issues . Perhaps a few of these items would be better addressed by City ordinance . 1 . Building or filling within surface flow and watercourse swales should be prohibited unless the drainage impacts can be mitigated. Most of the conflicts between the City and landowners concerning drainage result from Past developrientL within drainage swales . It is likely that most of the negative impacts can be mitigated if the requirement for mitigation is identified. Mitigation might include the identification of formal drainage easements or constructing improvements so as to allow future increased flows within the swales . 2. Actively pursue a policy of identifying and documenting useful drainage easements in conjunction with new development . 3. Actively pursue a policy of identifying and restoring drainage courses that have been filled in. There are many street culverts in the City that now discharge well below the ground surface because of downstream filling. 4. Grade new developments to drain 50 and 100 year flood waters to the streets and maintain street flood routes to the watercourses. Identify low lying developments along these overflow routes that require diking or protection. 5 . The responsibility for the maintenance of drainage swales, easements and facilities should be clearly delineated. A frequent dilemma is whether or not City crews should work on private property to clear the approaches to street culverts . 6 . Within the constraints provided by the State Department of Fish and Game, the City should have the authority to conduct stream bed and stream bank maintenance operations necessary to maintain open flood channels. 7 . Clearly delineate those watercourses that are intended to be left in a natural riparian state . Because of the rapid advance of development it may already be too late for this . It would be useful in dictating how drainage swales are to be maintained. Enclosures : GC : END M E M O R A N D U M TO: Ray Windsor, City Manager November 2, 1989 VIA: Henry Engen, Community Development Director FROM: Doug Davidson, Associate Planner SUBJECT: Tract 1057 (Dovica) The meeting in your office on November 1, 1989 revealed that Tract 1057 encompasses many planning and engineering issues. The conditions of approval for Tract 1057 were established by the Planning Commission on September 7, 1982. A brief history of how the City has reacted to changes in State law and recent court decisions will show that indeed, the decision on the subject subdivision would be quite different were it proposed today. Since 1982 the City has established development standards and environmental guidelines by the adoption of a Zoning Ordinance, Subdivision Ordinance, and CEQA Guidelines. Zoning Ordinance In 1982 the City was still operating under the County Zoning Ordinance. This set a minimum lot size of 2. 50 acres for properties in the western part of the City, such as Dovica' s. The City Zoning Ordinance adopted on June 27, 1983 established a minimum lot size for this area of 2. 50 to 10 acres depending on certain performance standards, such as slope, access, and soils suitability. In other words, lots with steep slopes and poor percolation rates have a much higher minimum lot size than level lots with good soils tests. Under the current criteria the minimum lot size for the Dovica Tract is 3. 40 acres. Thus, what was an eleven (11) lot subdivision in 1982 would be an eight (8) lot (maximum) subdivision in 1989. Subdivision Ordinance In addition to lot size, the design criteria for subdivisions has also been greatly modified since 1982. Prior to the adoption of the City Subdivision Ordinance on February 9, 1988, the City relied on an antiquated County Ordinance. The current Ordinance requires special findings to approve the creation of flag lots (Flag lots are lots situated behind another lot and having access to a street by the narrow or "flag" portion of the lot) . The Planning Commission has scrutinized each request for subdivisions of this type. A quick look at Tract 1057 (see attached) shows it to contain two flag lots. Although this is more subjective than the lot size criteria, it is safe to assume that the lot layout • of Tract 1051 would be different under current standards. Environmental Review - State Law, Court Cases, and City Policies In light of our meeting yesterday, the environmental review process is the fundamental aspect of your inquiry. The California Environmental Quality Act (CEQA) became law in 1972. The law has evolved over the years, and consequently, the City has become more stringent in its environmental determinations. The most noticeable City reaction has been the adoption of Resolution 1-86 on January 13, 1986, which adopted City guidelines for the implementation of CEQA. A common practice in 1982, and for several years thereafter, was to condition projects, such as Tract 1057, to provide grading and drainage plans. The policy of the City Engineer was to allow bonding of required drainage, road, and other improvements. Hence the current Dovica situation; a map has recorded, legal buildable lots have been created, residential construction is underway, and the drainage problem identified seven years ago (see Map conditions #10 And #15) is still not mitigated. Based upon this and other similar situations, it became clear to the Planning Division that drainage and road improvements needed to be completed before the map recorded and construction commenced. Likewise, to determine what drainage improvements are required necessitated the submittal of drainage plans during the project review. How can the Community Development Department issue an environmental determination if it does not have all the necessary information? The Engineering Division a4sa now operates under these guidelines and procedures. n ,� Although this environmental review policy was entrenched by 1988, a California Court of Appeal decision in 1988 firmly reinforced it. You do not need to be a land use attorney to realize the significance of Sundstrom v. County of Mendocino for review of development projects (see attached McCutchen Update) . In summary, the court found that "determining mitigation measures after, rather than prior to, the adoption of the negative declaration conflicted with CEQA' s policy requiring review at the earliest feasible stage in the planning process. " Furthermore, the court determined that "reliance on a future study improperly removed review of the studies from the CEQA process, precluding public scrutiny and review by other agencies. " Conclusions This overview documents that procedures have changed regarding the processing and approvals of subdivisions since 1982. An 11 lot subdivision of two and one-half acres each could not even be considered today because the minimum lot size in this location is 3. 4 acres. Thus, under the current Zoning Ordinance a maximum of . eight parcels could be allowed. Furthermore, the flag lot standards of the Subdivision Ordinance would probably further • reduce the number of lots and could change the lot layout. Finally, the environmental review procedures have been strengthened through adoption of City guidelines for the implementation of CEQA. These procedures call for review of grading and drainage plans as a part of the initial application with the necessary improvements being completed prior to final approval. DD:dd Attachments: Tract 1057 (Location Map) Tract 1057 (Tract Map) Tract 1057 (Conditions of Approval) McCutchen Update • • I EXHIBIT A — LOCATION MAP ,�. :,•. :• . . y CITY OF ATASCADERO TENT. MAP AT: 8203250 •P�� , ARD I LLA & BALBOA ROA uv ...• �.::.-7 COMMUNITY DEVELOPMENT DOVICA/CENTRAL COAST c Go DEPARTMENT SITE: ARD I LLA 8 BALBOA ROAD.) _ —'— s M^ TA ' S ' P A it I/ R S cl f �L S o►o �w►� /Lf f � / '� i j.� R S / �Fy lo S � wa / R S .v L(FH) NX L EXHIBIT B TENTATIVE Mi- �� •'•• CITY OF ATASCADERO TENT, MAP AT: $20325 ARDI LLA & BALBOA ROADS low COMMUNITY DEVELOPMENT DOVICA/CENTRAL COAST ENG 010. DEPARTMENT r e 1 I '``\ C f' •• TYPICAL srenW 1 37 WIMITY MAP JI I. � !I: i !1 i\ `\• 1. C� .•'�/ •a•` � .• AA�waF AOAO a , ♦•Iti I'•i Y '+'f t 1 1 ` \ �_... __ _ Kra ') - '`\\ ,: i � i i � I � � � i • •• ` ' �~'!w•��w�...w prRCRS CfRTif/CATf• • � `!Y'.I� t I i � � ii r` � �, �^ ,, ` 0�0 /L'Grl...3►..w�r.... •, �A •i a\e.``�; '•• P`•::....-••'• ilI!',i' / /`w�• ; .fig •air y •. �F�� ;, �frw^akfR7 CfRT/f/C�7Y• . .� � a,p '�{��?�\ a' `,� 'f. � _• - I fly •r.........,.�._„rw.gr�1�a, �' 7.1 �1' i C•.�°�/. '�1 to �\�s4e � •:•�; �:-.+• Y aM'r �` �: �_••MN�•�'�� % /, . '^�""""' � '� }R'•�r.. 1. �tl �• , «� r. TENTATIVE MAPS :,• • �.r aR•w i — _ _ TRACT NQ 057 _ L •' I T IMCAi.ilCTTOR •a:,°• AWVATf ACCftJ Y _•,'\ _' `` w°!r•�b4�sa� -1 . �•r�•a•.11lar.r.wr//•1� • \ •' "tai •, /.n. .♦ " • •• •' � �'I '•fL+l�'�•Af^�1..'i.�:'.n.y a..tip��. 'yW,�Ii a � :L..Ar.•\Y Jr.• EXHIBIT D - Conditions of Approval Tentative Tract Map AT 820325 Ardilla & Balboa Roads Dovica/Central Coast Engineering September 7, 1982 Conditions of Approval 1. Private sewage disposal systems will be an acceptable method of sewage disposal if reports, tests, and design are acceptable. All tests, reports and designs shall conform to methods and guidelines prescribed by the Manual of Septic Tank Practice and other applicable City ordinances. The following shall appear as a Note on the Final Map: "Appropriate soils reports including a percolation test, a test to determine the presence of ground water, and a log of a soil boring to a minimum depth of ten (10) feet shall be submitted to the Atascadero Planning Department prior to the issuance of a building permit on each lot. Where soils reports indicate that conventional soil absorption systems are not acceptable, City approval of plans for an alternative private sewage disposal system, designed by a Registered Civil Engineer, shall be required. Depending upon the system, more restrictive requirements may be imposed" 2. Water shall be obtained from the Atascadero Mutual water Company and water lines shall exist at the frontage of all parcels prior to filing of the Final Map. 3. Other utilities available to the area not already in place shall be extended underground to the front of each parcel prior to recordation of the Final Map. Any utility easements are to be shown on the Final Map. 4. Drainage and erosion control plans, prepared by a Registered Civil Engineer, shall be submitted for review and approval by the Planning and Public Works Departments prior to issuance of building ;permits in conjunction with the installation of private driveways. A Note to this effect shall be placed on the Final Map. 5. Plan and profile drawings of proposed individual driveways shall be submitted for approval by the Public Works and Planning Departments in order to determine average grade and appropriate improvement .requirements at the time of building permits. If average dope exceeds 12%, paved improvement would be a requirement at the time of application for a building permit. Otherwise, an all-weather surface would be required similarly. In no event will driveways be allowed which exceed 20% in slope. Driveways shall be improved to a minimum width of twelve (12) feet with a minimum vertical 0 s clearance of fourteen (14) feet. In the event any portion of the driveway shall be shared, improvement of that shared portion shall be a requirement made in conjunction with the first building permit. Notes to these effects shall appear on the Final Map. 6. The common access easement serving Parcels 3, 4, 5 and 6 � shall be paved with a minimum 2" AC on adequate base prior to recordation of the Final Map. a. The easement may be reduced to 25 feet in width but shall have adequate width to accommodate 16 feet of paving and any utilities. b. Parcels 4 and 5 shall take access from the common easement only. A Note shall be provided on the Final Map to indicate that these parcels are prohibited from having individual driveways on Balboa Road. 7. Ardilla Road along the entire property frontage shall be constructed to City standards with a twenty (20) foot paved section (22 feet where drainage control berms are provided) along Ardilla and with three (3) feet of graded shoulder on each side of paving. a. Improvements are to be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. b. Improvement drawings, including improvements to control drainage and erosion within the road right-of-way, shall be submitted to the Public Works Department for review and approval prior to recordation of the Final Map. C. Any dedications necessary along Ardilla shall be made in conjunction with acceptance of the road. 8. The applicant shall upgrade the existing fire hydrant on Ardilla. The size, type and manner of installation of hydrant will be as required by the F.:.re Chief. A letter from the Fire Chief certifying the installation of required fire hydrant shall be submitted to the Planning Department prior to recordation of the Final Map, unless deferred, in which case the letter shall be- submitted prior to final inspection and acceptance of the roads. a. The applicant shall contribute to a partial reimbursement for the hydrant installed on Graves Creek Road in conjunction with Parcel Map AT 80-109. The amount of the reimbursement shall be determined by the Planning Department. • 9. The existing concrete slab located on proposed Parcel 9 i • shall be removed prior to recordation of the Final Map. 10. A drainage plan to resolve the drainage and ponding problems along the property frontage on Graves Creek Road shall be submitted to the Public Works Department for r3view and . approval and any required improvements shall be installed prior to recordation of the Final Map. a. Improvements are to be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. 11. All drainage swales shall be indicated on the Final Map. 12. Effort shall be made to minimize grading that would be disruptive to the natural topography and removal of existing, mature trees. The following shall appear as a note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appropriate permit and compliance with applicable City ordinances. 13. All pipeline and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building restrictions. A Note so stating such restrictions shall appear on the Final Map. 14. Roof materials for all structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 15. Improvements required by Conditions 6, 7, 8, and 10 may be deferred for a period not to exceed three years by entering into an agreement. Any such agreement shall include a bond, certificate of deposit or similar improvement guarantee acceptable to the Public Works Department. 16. Prior to recordation of the Final Map, the applicant shall pay for a portion of the City Capital Improvement Program for the reconstruction of Balboa Road; said funding participation to be in the amount of $5, 689.46. 17. A Final Map in compliance with all conditions set forth herein shall be ' submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or licensed . land surveyor shall submit a letter certifying that the monuments have been set prior to recordation of the Final Map. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Parcel Map. 18. Approval of this Tentative Tract Map shall expire two years from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. i �y f R it - -NIcCutchtm '� T _ September 24 , 1988 I.C"al "ICN- lopili nts of imhOrtanL:, �O O!i1-dl!tniis Court of Appeal Tightens Requirements for CEOA Review, Limits Use of Negative Declarations A condition common to many development project approvals is additional environmental review, to be undertaken after an Environmental Impact Report or negative declaration is adopted for the project . A recent California Court of Appeal case has limited the situations in which this kind of subsequent review may take the place of environmental review during the CEQA process . In addition, the case narrows those situations in which a negative declaration may be 11serl in l i o,r of an EIR. Under this case, the absence of evidence of adverse environmental impact may no longer be enough to justify adopting a negative declaration. Instead, an EIR is likely to be required unless there is adequate information showing that a development project will not have a significant effect on the environment. In Sundstrom v County of Mendocino, 202 Cal . App. 3d 296 (1988) , a developer sought to build a motel and restaurant in a small town on the northern California coast . The proposed development included a private sewage treatment plant. The County issued a use permit for the treatment plant, adopting a negative declaration under CEQA. A neighbor challenged the approval, claiming that the negative declaration was adopted improperly. The Court of Appeal agreed, finding that the County had violated CEQA. Among other procedural issues, the court looked at two County actions requiring environmental review after the County' s adoption of the negative declaration. First, the court rejected the County' s approach to handling possible hydrological problems associated with the project. Rather than addressing these concerns as part of the CEQA process, the County required that the applicant conduct additional hydrological studies as a condition to the use permit. These studies were to be approved by the Planning Commission and its staff and were to provide a basis for establishing mitigation measures for the project. The court found that determining mitigation measures after, rather than prior to, the adoption of the negative declaration conflicted with CEQA' s policy requiring environmental review at the earliest feasible stage in the planning process . The court also found that this reliance on a future study improperly removedreview of the studies from the CEQA process, precluding public scrutiny and review by other agencies. to Francisca SanJose Walnut Creek Washington,D.C. Shanghai nrt-e Embarcadero Ccnicr market finR t' ,err.suite 15(") 18ii 01%inpic lk,ulenard.lhird Floor 'MOX Ward Otticc lkulding,Suite 6S0 Rui lin Building-suite 2001 San Francisco,California 9+111 55 South Market Strect hist Office 1k)x V 14:;i Wnn.,Nhania menue,NAV 205 Mao Ming w,tnh Road T..- phone(t 15)393-2(RN) %an („L%(adilornia 95113 Wilnur Crnrk.Caihf)rnia 9-11% Vashington.D.C.2(")bi Shanghai.People's Republic o(China hina Tiler i-4081-,U TAG '10 phonl.-o08)9 i--8.4(X) 'Ickphonc(115)93--8tn") Ickphonc(202)62S-+'N)O Telcphonc 33(,201 f,simile W.11 and III Facsimile GI,11 and III I-ac.,mile G1.II and 111 Facsinuic GI.If And 111 1Hc\:0181 VACSII CN (.115);93-2286 008)94--HSM 014;)9in-2i90 (202)028-4912 hcNimilcGI,11and III 33(,-#(,l Second, the court examined the degree to which the anticipated exercise of another public agency' s regulatory authority may excuse the lead agency from making its own inquiry of environmental effect. The court found the County' s condition that a sludge disposal plan be approved by the Regional Water Quality Control Board and the Department of Public Health an unacceptable substitute for the County' s ' review of the plan under CEQA. While the court agreed that a condition requiring compliance with the environmental regulations of other agencies is a reasonable mitigation measure where the lead agency has "meaningful information" justifying an expectation of compliance, it rejected this approach where, as in this case, there was no basis for such an expectation. In addition to these pronouncements on CEQA procedure, the court found that an inadequate initial review of potential environmental impact will make an EIR rather than a negative deularc2t.lor1 wu.Le llktr'ly to be rCt ai.LCu. 'lite cuuLL Le1LCltllt:G that an EIR is required when there is substantial evidence that a project may have a significant impact on the environment, and that this standard is met if it can be "fairly argued" that a project may have such an effect. The court stated that while the "fair argument" must generally be based on substantial evidence, this requirement should be eased if the administrative record is not adequate. According to the court, an agency should not be able to "hide" behind its failure to investigate potential environmental effects . The court indicated that in the absence of substantial evidence showing why adverse impacts will not occur, a fair argument that they might occur need not be based upon substantial evidence. The court applied this approach in addressing, among other issues, potential changes in vegetation resulting from the project. The neighbor challenging the adoption of the negative declaration claimed that a significant environmental impact might result. Although indicating that this charge was not supported by substantial evidence, the court pointed to the fact that it was not controverted in the record and, thus, amounted to a fair argument. In light of this decision, those concerned with the level of environmental review given a development project Chn�tlti I-n amzra 4-u:} *1— "—nco of ...� a o f s.. ti . ......� .. 4 a. �. V �..:V a a V�,: V L j+V L�:l l D i adverse environmental effects may not be enough to support a decision to adopt a negative declaration. There may also need to be substantial affirmative evidence in the record that significant impacts will not result . For further information, contact Daniel J. Curtin, Jr. , Stephen L. Kostka, M. Thomas Jacobson or Jennifer S. Rosenberg of McCutchen' s Walnut Creek office at (415) 937-8000. M E M O R A N D U M To: City Council 1�� From: Ray Windsor, City Manager l U Subject: Graves Creek Drainage Date: November 7 , 1989 I am referencing communications from Mr. « Mrs . Berry and Fred Frank, as part of this particular subject , in order to maintain as complete a record as possible in our ongoing attempts to find some amicable and feasible solution to this issue. The Berry' s be-lieve that the answer lies in a storm drain, which is addressed elsewhere by Gary Sims . In the absence of such an improvement, Mr. & Mrs . Berry are stipulating to conditions which are impos- sible to guarantee under any reasonable circumstances . For Council ' s information, the City presently has two Drainage Funds : Amapoa-Tecorida, which has accumulated fees to date of $130 , 000 , and Miscellaneous Drainage Projects , which is expected to have approximately $200 , 000 in accumulated fees by June 30, 1990 . From this latter fund, Council has already budgeted $94 , 248 for the San Andres project, which would leave about 6107 , 000 for other miscellaneous drainage projects , including Graves Creek. we estimate that the Graves Creek project, as proposed by staff, should not exceed $20, 000 . RW: cw ( f:GrvsCrkD) Attachment i . erry "955 c:. .ta:-cadero, C:: :�e: tcr�ber 11, 19£9 To aom It May Concern City of Ataocadera .R7-: Drainage clan For ;ur Akrea; Balboa is a. , Ardil?a Rd., Grav% ) Creed: The fo1lc-.-*Ln- M.ainto mu-,t be inc?u, c:l in t?-e Prai;iage Plan. They must be in 1writing and are not negotiau? 1. The -!lan vra?l be oaf a .:r fcop? Mr. F. F. Frank Hidden Springs Tree Farm November 1 , 1989 3202 Monterey Road, Atascadero, CA 93422 Subject: Culvert installation across Graves Creek Road from the property of James A. Berry Dear Mr. Frank, in your letter of October 11 , 1989 you requested accommodation with 12 requirements in consideration of providing the City with a drainage easement. This letter is a response to the twelfth and final request which is as follows : "An additional culvert across Graves Creek Road on the drainage south of the Balboa intersection, as discussed in the letter from Engineer Paul Sensibaugh of September 14th, shall be replaced by an adequately sized culvert no later than January 1991 . " As you are aware, it was our intent to install the additional culverts this year as part cf our drainage improvements program. We have since been thwarted in our efforts because of uncertainty over the road right-of-way location and disputes concerning the nature of upstream improvements . We would like to comply with your request but the outcome of current negotiations and investi- gations is uncertain. Despite these limitations , we can commit ourselves to pursuing the following course of action: 1 . The City will hire a registered surveyor to clearly delineate the alignment of Graves Creek road within the project area. 2 . Following the survey and prior to culvert installation, a meeting will be proposed between the upstream prop- erty owner, yourself and the City staff . At that meeting, we will attempt to identify culvert locations that will be acreeable to all of the involved parties . • Mr. F.F. Frank November 1 , 1989 3 . If there is sufficient room within the right-of-way to install a culvert headwall without compromising traffic safety, the City will install the culverts across Graves Creek Road. if there is insufficient room, then the outcome is uncertain for two reasons : First, the Berrys may or may not consent to the granting of an easement to allow the installation; second, it is not guaranteed that the City Council would pursue condemna- tion of a drainage easement. We hope that the steps proposed in this letter will demonstrate our intent to proceed with these drainage improvements within the limits of our authority. We share your belief that a drainage problem exists across Graves Creek Road and appreciate your as- sistance in completing the improvements necessary to eliminate the problem. Sincerely, RAY WINDSOR City Manager GS : RW/cw ( f : Frank. 2 ) c : Don Leib, Superintendent of Public Works Henry Engen, Director of Community Development 2 HIDDEN SPRINGS TREE FARM 3202 Monterey Road Atascadero, CA 93422 October 11, 1989 Gary R. Sims Senior Civil Engineer Dept. of Public Works City of Atascadero 6500 Palma Ave Atascadero, CA 093422 Dear Gary, RE: Graves Creek Road Culvert Thank you for meeting with me to discuss the conditions of our agreement for installation of culverts across my parents property. We are anxious to get this long delayed project finished. As I suggested, we are most concerned that the drainage is installed before heavy rains occur, since the reputation of our tree farm would be severely tarnished if our customers had to walk through mud while. choosing a tree. My parents will agree to provide the needed right of way subject to the following conditions. ** Purchase 50 ft permanent right-of-way across I1-D for $1.95 per sq. ft (This is the city's appraised value of lot 11 plus a l% per month inflator) . ** Additional 5 ft working right-of-way plus creek reservation would be provided free of cost. ** Large pine trees to be removed will be cut into 18" lengths and stacked at site. All trees, limbs and other debris associated with construction will be cleaned up and hauled away upon completion. ** Woods chips or similar mulch will be used to cover at a depth of 1" all disturbed soil. ** Fence will be replaced. ** Any trees damaged or removed outside the working right- of-way shall be purchased at $25 each. • I ** The 104 trees within the working right-of-way ri ht-of- shall be Y purchased at $12 each. (An independent registered professional forester has estimated the value of the trees within the proposed right-of-way based on selling price and years to maturity. ) ** Any pipes cut, removed or damaged will be repaired in kind and a 3" valve installed on the main line to allow for use during construction. ** All work on the above culvert installation shall be done in conformance with currently accepted engineering practices. ** The outfall of the culvert shall be protected with rip rap placed in a manner that will ensure minimum stream disturbance, and minimize harm to adjacent sycamore tree roots. ** Small willows and debris which obstruct the channel of the creek shall be removed for a distance of 50 ft. from the culvert outfall. ** An additional culvert across Graves Creek Road on the drainage south of the Balboa intersection, as discussed in the letter from Engineer Paul Sensibaugh of September 14th, shall be replaced by an adequately sized culvert no later than January 1991. I hope we can proceed quickly on this matter. If you have any questions please contact me at 466-2220. Sincerely, F. F. Frank • . IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE DRAINAGE EASEMENT ---------------------------------------------------------------- THIS OFFER TO DEDICATE, made the day of November, 1989, by FRED H. FRANK and WANDA M. FRANK, hereinafter termed Offerors: WHEREAS, said Offerors desire to make an offer to dedicate, irrevocably, to the public, an easement, for drainage purposes, which offer may be accepted at any time by any governmental entity which has the power to establish, construct and maintain drainage facilities. NOW, THEREFORE, said Offerors covenant and promise as follows: 1 . That said offerors are the owners of the following interest described below: That portion of lots 11C, 11D and Graves Creek Reservation Number Four in Block 17 of the Map of the Atascadero Colony as shown on that plat filed for record in Book 3AC of- Maps at Page 17 in the Office of the Recorder, County of San Luis Obispo, State of California, said portion being a strip of land 15 feet wide lying northerly of the following described line.. 2 . That said Offerors do hereby irrevocably and in perpetuity offer to such governmental entity a dedication of a public easement for drainage purposes and incidental uses upon- the following described property: Beginning at- the northwesterly corner of said Lot 11D; thence- along the northerly boundary of said Lot 11D South 73- 09' East a distance of- 140 .00 feet; Thence departing said boundary South 43 09' East a distance of 50 feet more or less to the easterly boundary_ of said Lot 11D, said point also being on the westerly boundary of said Graves Creek Reservation Number 4; Thence- South 73 09' East a distance of 37 feet. The side. lines of- the 15- fbot easement are to be lengthened or shortened to meet at angle- points-.. 3. That said Offerors agree that said offer of dedication shall be irrevocable. and that such a government entity may, at any time in the- future, accept said offer of- dedication. P=age- -- 1 4 . That said Offerors agree that this irrevocable and perpetual Offer to Dedicate is and shall be binding on their heirs, legatees, successors and assignees. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offerors on the day and year first above written. FRED H. FRANK WANDA M. FRANK (Notarized Signatures Required) Page - 2 • MEMORA1',4DUM TO. Ray Windsor November 3, 1989 VIA- Henry Engen FROM: Gary Sims SUBJECTs Drainage across Lot owned by james A. and Dolores Berry LOCATION: Balboa and Graves Creek Road APPLICAN0 During the recent California Council of Civil Engineers & Land Surveyors course on drainage law a number of concepts directly applicable to the Berrys" case were discussed. These concepts address whether or not the City has incurred increased liability by allowing improvements related to Tract 1057 to be constructed without mitigating all of the downstream impacts. The improvements installed or proposed to be installed that would notentially increase the downstream flow include the following. 1 . The number of lots within the Tract 1057 boundary was increased from five to eleven, resulting in a net increase of six lots. All of the six additional lots do not drain to the water course across the Berrys' property. it appears that there is an increas he -londinc.-j and eros:..on prot-lems at the road already S- rropet-tv can be considered as a "w,_-:kterC0LA1'_Se, as oppo�_si�d to w t e 'Ll.i at. has es.-caped -rofn a watercourse. Thr-- QUE"Et"i.on of h It rez.�sonableneE;s" test. T . he actions- C'1+ Upper and 1.ower I andowriers- potentia] liability if a court subsequently finds that the upstream developer, or the public agency approving the upstream � development, acted unreasonably. In the City` s case there are two aspects to this. Is the City acting reasonably in installing or permitting to be installed culverts upstream and downstream from the Berrys` property? Does the City have liability for allowing increased flow to the Berrys' property as the result of permitting development of the upstream watershed? In response to the firuestion it would be hard to sustain a position that installing cu] verts beneath streets, within an existing watercourse, is acting unreasonably. It could be argued that by upsizing one of the culverts upstream from the Berrys' site we decreased the detention characteristics of �he road cross1ng but on the other hand street culverts are neither designed or intended to serve as detention structures. The public has an interest in preserving streets by installing adequate culverts. They are installed to convey the water beneath the street, thereby avoiding traffic hazards and street damage., The second question is more difficult to answer because it involves CEMA as well as drainage law. In the past, increasing the flow in an existing water course as the result of upstream development clearly would not have resulted in liability to the developer or the permitting agency. On the other hand, according to CEQA, off site negative impacts must be considered for mitigation. In issuing the negative declaration for this project the off site drainage impacts were presumably identified as the contribution to existing flooding and erosion along Graves Creek road because of the lack of adequate culvert capacity beneath the road. The flooding across Graves Creek road was considered significant . The mitigating actions are to install additional cu3verts beneath Graves Creek road. Presumably, the small increase in the potential peak magnitude of flows, or in the e4treme case, of flood waters, flowing across Berrys' propert-v resulting from the creation of additional lcts upstream was not considered significant. installing culverts to relieve the overflow across Graves Creek road will decrease flooding along the frontage of the Berrys' property, the roadway, the Hidden Springs Tree Farm, and the parcel adjacent to the Berrys' to the south. if this project were to be reviewed today, it is likely that the end result would be the same, i . e. , the mitigating action would be to install culverts across Graves Creek road. The timing of the installation of improvements and the method of implementation would be different. 1. The improvements would be required to be installed before recording the final map. 2. The City would attempt to have the developer coordinate all of the construction activities and easement acquisition rather than have the Director of Public: Works serve as a "middle man" or negotiator. As a course of action to complete the Tract 1057 project and to mitigate the identified significant impacts we recommend the following course of action. 1. Continue with the current negotiations with Mr. Fra&.--. to obtain a drainage easement for the culverts to be installed by Larry Roberts. Assist Mr. Roberts in achieving his goal of installing thE two 24 inch culverts as designed bv Central Coast Engineering. 2. Hire a registered surveyor to clEarly delineate the alignment of Graves C-eek road within the project area. This is in response to tweats by the Berrys" that they will initiate litigation if any road work is done along their frontage on Graves Creek road. 3. Following the survey and prior to culvert installation, propose a meeting between the upstream property owner, yourself and the City staff . At that meeting we will attempt to identify culvert locations that will be agreeable to all of the involved parties. 4. if there is sufficient room within the right of way to install culvert headwalls, in front of the Berrys' parcel , without compromising traffic safety, the City should install the culverts across Graves Creek Road. if there is insufficient room then the outcome is uncertain for two reasons. First, the Berrie may or may not consent to the granting of an easement to allow the installation. Second, it is not guaranteed that the City Council would pursue condemnation of a. drainage easement. WE are aurrently pursuing tasks I and 2. it is likely that Mr. Ronerts' culverts will be installed in the near future and a meeting has been scheduled with Volbrecht Surveys to initiate the surveying of the 5. c?.'.: Creek road right of way. Enclosures: Cc, END MEETING AGENDA DAT I2 12 89 ITEM# C-2(B) • PETITION THE UNDERSIGNED RESIDENTS OF ALEGRE AVENUE RESPECTFULLY REQUEST THE CITY COUNCIL TO INITIATE WHATEVER REMEDIAL STEPS ARE NECESSARY TO ASSURE THAT CONDITIONS #3 AND #4 OF TENTATIVE TRACT MAP 4-87 ARE CARRIED OUT IN ACCORDANCE WITH COUNCIL'S STIPULATIONS APPROVING THE FINAL MAP. A COPY OF SAID CONDITIONS ARE ATTACHED HERETO. A MAJOR STORM THIS YEAR OR IN THE FUTURE COULD HAVE DIRE CONSEQUENCES FOR SEVERAL PROPERTIES LOCATED ON ALEGRE AVENUE. SINCERELY: NAME AnnRFRS 7 '1 2. 1 3. 4. � � 5. 7. 8. 9- &�I, 10. EXHIBIT D - Tentative Tract Map 4-87 Conditions of Approval R E V I S E D - April 7, 1987 and May 12, 1987 • CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual eater Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. Grading, drainage, and erosion control plans, prepared by a regis- tered civil engineer , shall be submitted for review and approval by the Community Development and Public Works Departments prior to recording the final map. 4. Drainage work and facilities shall be constructed to City stand- ards prior to recording a final map. 5. Prior to recording the final map a soils investigation (as re- quired by the Map Act) shall be submitted, recommending corrective action which will prevent structural damage to each structure pro- posed to be constructed in the area where soils problems may exist. The date of such reports, the name of the engineer making the report, and the location where the reports are on file shall • be noted on the final map. 6. Road improvement plans prepared by a registered civil engineer must be submitted to and approved by the Public Works Department prior to recording the final map. 7. Construction of road improvements shall be completed prior to re- cording the final map, and shall include paving of the entire road and cul-de-sac as shown on the tentative map. 8. Construct an Atascadero City standard cul-de-sac at the terminus of the new road serving the tract. 9. Road improvements shall be to the following standards: City-accepted road: : 1. 20 foot wide AC traveled way 2. 24 foot wide road bed 3. Minimum 110 foot centerline radius 4. 40 foot wide right-of-way • Tentative Tract Map 0 87 (Michael Hawkins/Cuesta E 0 ngineering) 10. All road grading shall be completed prior to recording the fina?. map. . 11. An irrevocable offer of dedication to the City of Atascadero for the following right-of-way for future road purposes shall be made and noted on the final map: Street name: Atascadero Avenue Limits: Property frontage Minimum width: Thirty (30) feet from centerline Street name: Unnamed Limits: From Atascadero Avenue to terminus of cul-de-sac Minimum width: 40 foot right-of-way with 48 foot cul-de-sac radius and 20 foot corner rounding at intersection 12. Install all street signs, traffic delineation devices, warning and regulatory signs, guardrail, barricades, and other similar devices where required by the Public Works Director. Signs shall be in conformance with the Public Works Department standards and the rent State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 13. The applicant shall deposit with the Director of Public Works $3,982.00, which shall be utilized for future implementation of the sidewalk route to school plan serving Santa Rosa Elementary School. 14. An offer of dedication to the public for the Public Utilities Easement shall 'be made. 15. All offers of dedication shall be completed and recorded prior to or simultaneously to recording the final map. 16. A City standard fire hydrant shall be installed at the frontage of proposed lot #3 prior to recording the final map. 17. The fire hydrant located at the intersection of Portola Road and Atascadero Avenue shall be upgraded to City standards. 18 . A name for the future road shall be selected and presented to the Planning Commission for approval. Said name shall then appear on the road on the final map. 19. Obtain an encroachment permit from the City of Atascadero. Sign an Inspection Agreement guaranteeing that the work will be done and inspections paid for, prior to issuance of a building permit, and construct improvements as directed by the Encroachment Permit, prior to recording the final map. 2 Tentative Tract Map 4-87 (Michael Hawkins/Cuest Engineering) 20. Plan and profile drawings of proposed individual driveways, drive- way easements and private roads shall be submitted for approval by the Community Development and Public Works Departments in order to • determine average grade and appropriate improvement requirements. This shall appear as a note on the final map. 21. Wastewater disposal shall be by connection to the public sewer. 22. Obtain sewer connection permits from the Public Works Department prior to hooking up to the public sewer. 23. Offer a 15 foot wide drainage easement along rear lot lines of Lot 1 through 5. Said easement will be consented to but rejected without prejudice by the City. 24. Provide a $500 downstream improvement fee as a contribution toward the required downstream drainage improvements. 25. Grading and drainage plans prepared by a registered civil engineer must be submitted to and approved by the Community Development and Public Works Departments prior to recording the final map. 26 . All utilities (including cable TV, telephone, and electricity) ex- tended to each of the new lots shall be installed underground. Said utilities shall be installed prior to recording the final map. 27. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submit- ted for - review in conjunction with the processing of the final map. C. A preliminary guarantee shall be submitted for review in con- junction with the processing of the final map. 28. Approval of this tentative parcel map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 29. A twenty-five foot side setback shall be established for Lots 5 and 10 along Atascadero Avenue. Said setback shall be delineated on the final map. 3 r% ► , r r: i \ i -� •� cxWaiT Q �. l..0�,7►-�iOv� A Zov�rv�� ir S f . r—. 1 R!M F • rPD , SN { _ ORTE 4yf -z--` _ F zit F rr �� . _, Cf( N �'� �`OObO --r_. Sao .\ e' S aL Nt a L F� ,rr cP \ 0 �. ,a y♦/ �O ° a+ ♦ tf C044, • i r W 1` f ! � � of CT - iT � N -t / / c cr ' \ 451gpEgo A G �\ pt ` ,� r AVE i ' P 9 Z4 0 �l-�'asGttc��rc Svc. \ F i o, 000 4.) S F 1 r � '"moo rvE^i / L( `'.tr R S .- \r+ev 0 '6,, r 040 !T r /o►�O`E� ` )/ CxN-►6lT _8 � ,.,•.,�,-� - __��.-pro+ - - S y- \ 2 ~ 1 _- "--��" • - i� yam_ .` ` 'w AV ATJLADCA ~�O� A ~ 's' A vE/v £ It M1 of a �.•�R��uia• amu• �$� � M � 3 �� �aa:rw-v rew✓e wl a44 pq t��,\p� � Y�♦ � � n •� jT9a1s C�N • Za T^\2 �o� Mike Hawkins April 21 , 1989 c/o Chalk Mountain Liquor, 9990 E1 Camino Real , Atascadero, CA 93422 Subject : Tract 1489, Alegre Street Drainage Dear Mr. Hawkins, We have received a complaint concerning the street drainage at 8545 Alegre from the occupant, Mr. Joe Milne. From a cursory inspection of the site, it also appears that the residence at 8525 Alegre has the potential of flooding during a significant rainfall event. It appears that surface runoff flows directly down Alegre across the two residences mentioned above . A condition of the subdivision was that grading, drainage and erosion control plans for the project be submitted to the City for review, prior to the recordation of the final map. We have no record of having received these plans at the City and thus have difficulty in assessing compliance or implementing remedial actions . The City Council has not accepted Alegre into the City maintained roadway system and it is doubtful that it will be accepted until such basic items as drainage are resolved. As there is no discernable drainage scheme constructed for the development it is our opinion that the developer and the design engineer are ultimately responsible for identifying and implementing solutions to the drainage problems in a manner that is acceptable to the residents. Until the City accepts the road we will defer to you to respond to the residents and to implement a solution that provides positive control of the drainage . We request that you contact Mr. Milne as soon as possible because he would like to landscape his front yard. His yard is currently subject to inundation and erosion from street runoff. If you have any questions concerning this matter please contact me at PH 466-8000. Sincerely, Gary R. Sims Senior Engineer CC : John R. Falkenstien Joe Milne Mike Bewsey PAUL. RGAD ( ►QC t v12N .,UESTA ENGINEERING Ch2� 7401-B El Camino Real/P.O. Box 2066 Atascadero, California 93423 /�j¢ s • (805)466-6827 !� June 22, 1989 Clyde A. Strickland 8540 Alegre Avenue Atascadero, CA 93422 Subject: Drainage - Tract 1489 Dear Clyde: Alegre Avenue was designed and constructed in accordance with all City of Atascadero and County of San Luis Obispo Standards in effect at that time. The design was approved by the City of Atascadero Public Works Department. All construction of Alegre Avenue was inspected by the City Public Works Department. A final inspection was held and all work was accepted as com- plete by the City. The topography of Tract 1489 consisted of a gentle ridge in its natural state with drainage leaving the property at its southwesterly boundary. Run-off from the property travels both southerly and northerly separated by the nat- ural ridge. Alegre Avenue was designed and constructed on this ridge with very little alternation of the natural topography. The owners of the subdivision chose to sell .the lots vacant rather than build on them. It is the pol icy of the Ci ty not to al l ow any gradi ng on the 1 ots wi th- out associated building permits. Therefore, the lots were left in their nat- ural condition. Each of the lots was purchased vacant with the natural drainage patterns read- ily apparent. Each new owner/builder was therefore responsible to accept whatever run-off that came upon his lot and to design and build accordingly. Each owner/builder is also responsible to discharge run-off from his property at its natural point so as not to adversely affect his neighbor. . It is my understanding that the City Building Department did not require grad- ing and drainage plans with any of the 10 lots during the building permit pro- cess. In my opinion, it is the responsibility of the Building Department to see that the responsibilities of the builders with regards to drainage are met. I believe that any drainage problems you may have with run-off from your neigh- bor's property should be discussed with your builder or the City Building Depart- ment. Sincerel , 6hn a 1 kens i en R.C.E. 33760 Exp. 6/30/90 cc: Mike Bewsey Mike Hawkins Eric Michielssen Gary Sims - City of Atascadero MEETING AGENDA 1)ATE12L1ZLa9 ITEM# C-4 • M E M O R A N D U M To: Citv Council From: Ray Windsor, City Manager Subject: CaiTrans Advisory Committee Date: November 27 , 1989 At your December 12 , 1989 meeting, we will ask that you select an advisory committee to work with CalTrans on Highway 41 widening and rehab, as described in Henry' s memo dated November 15 , 1589 . Also attached are copies of CalTrans minutes and a letter from • Henry Hammer regarding this subject. We are forwarding this to you early in order to allow time for name consideration . RW: cw Attachments ; : Caltrans ; c: Henry Engen • ADMINISTRATION BUILDING 8500 PALMA AVENUE aseadei® POLICE DEPARTMENT ATASCADERO. CALIFORNIA 93422 PHONE: (805) 466-8000 "4INCORPORATED;�;� 6500 PALMA AVENUE ATASCADERO. CALIFORNIA 93422 CITY COUNCIL PHONE: (805( 466.8600 CITY CLERK CITY TREASURER CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT - FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO.CALIFORNIA 93422 PHONE: (805( 466.2141 PARKS AND RECREATION DEPARTMENT November 21 , 1989 Mr. Gary Ruggerone, Chief Environmental California Department of Transportation P .O. Box 8114 San Luis Obispo, Com+ 93403-8114 Dear Gary, 'raving just received the attached memo from Henry Engen with respect to the 3 Bridges. Project on Highway 41 ,a_ would like to reinforce the comment made by Henri in expressing tle City' s tallowingr re-pr i appreciation for us to be part o= the p_ _ _o, _ct review. • should also point out that this subject was presented to our :general Plan Update Subcommittee , consisting of twc members of the City Council and Planning Commission, as an informational item, an which time it was suggested that - write to you regard- ing notification an any planned project within the City limits . The point raised concerned notice on Negative Declarations and Categorical Exemptions and whether or not the City was automati- cally a part of the distribution of such notices . Perhaps you would be good enough to clarify this and to confirm that we will continue to receive such notice in the future. Again, I want to thank you for the courtesy extended to us on the 3 Bridges Project . Hopefully, cooperation at this stage of the process will help to eliminate problems down the road. Si cerely, ' INDSCR G� City Manager RW: cw c : Henry Engen • City Council ?lanning Commission Thomas L. Pollock, District Director M E M O R A N D U M TO: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director RE: Proposed New Highway 41 Project: 3 Bridges area to San Gabriel DATE: November 15, 1989 BACKGROUND: On November 7 , 1989 I attended a meeting at the request of CalTrans to discuss a road widening and rehabilitation project that they are contemplating. This project is from the 3 Bridges area to San Gabriel Road on Highway 41 and involves rehabilitating the pavement and, per their standards, they should add 8 foot shoulders . This would take out at least 30 large trees and could dramatically alter the character of this natural area. The attached minutes reflect the discussion which occurred. I urged that ( 1 ) a Negative Declaration procedure be employed involving the community, ( 2 ) that projects between San Gabriel and 101 proceed on schedule for traffic signalization, and that this one be separated therefrom to take a slow course involving community participation. This was accepted and they are seeking names of people who could work on a CalTrans advisory committee from the local area ( I expressed appreciation for their early consultation on this matter) . ADVISORY COMMITTEE CANDIDATES: I would request that Council be approached with respect to submitting a list of individuals to CalTrans whom they would endorse to participate in this process . From the staff level, I would suggest Lisa Schicker, City Arborist, and Gary Sims , Senior Civil Engineer. i found Henry Hammer to be sensitive to our concerns . Even though he does not live in the area, I would endorse his being appointed as a County-Wide environmental representative. Other candidate names that conte to mind would be Randy Rossi (once he unburdens himself of the Community Development Director tasks in San Luis Obispo) , and Tim O' Keefe, who is interested in community planning, teaches forestry at Cal Poly, and lives in the neighborhood. • Please let me know if I can be of anv assistance in this process . • RECORD OF MEET I Na OR Cc:MRSAT I ON MEMORANDUM To: File From: J.M. Alessi Date: November 7, 1989 File: SLO-41-13.4/16.0 Pavement Rehab. Atascadero Subject: Meeting to Discuss Removal of Trees Where Held: Conference Room A Initiated By: Aileen Loe Participants: Names Titles - District 05 Dyer Campbell Dep. Dist. Dir. Special Projects Marty Nicholson Chief Project Studies Gary Ruggerone Chief Environmental Aileen Loe Environmental Jim Mullis Environmental Ray Scott Environmental Jim Alessi Pre-STIP Ron Alanis Project Reports Laurie Barton Project Reports Greg Albright Landscape Architect Dennis Reeves Landscape Architect Names Titles - Not District 05 Eric Wier S.L.O. Co. Env. Coordinator Office Henry Engen City of Atascadero Henry Hammer "Life on Planet Earth member NOTES AND REMARKS ----------------------------------------------------------------- ----------------------------------------------------------------- Preliminary study has revealed that the removal of 30 trees may be necessary in order to provide room for 8 foot shoulders that are being added as part of the SL0 41 rehabilitation project. Adding shoulders from PM 13.4 to PM 14. 1 is needed to conform to roadway width standards as set by CALTRANS and the Federal Highway Administration. This meeting was held to determine which course of action will be taken in gaining environmental approval for the project, as well as how the State can mitigate the tree removal. It was first brought to our attention by Henry Engen that this portion of SLO 41 may be on a list of roadways which are eligible for the National Register of Historic Roadways. Its status must be determined before proceeding any further with the project. • 0 It was determined that public input will be necessary prior to the tree removal. Henry Engen stated that any work the City of Atascadero performs involving tree removal requires a Negative Declaration (ND) . The FHWA feels this roadway project is categorically exempt so it's up to the State to decide whether an ND will be required. Furthermore they would not like to see the shoulder widening delayed for an extended period of time due to safety conditions that exist because the adjacent portions of roadway are already or are soon to be 40 feet wide. The District 05 Environmental Department had decided in an earlier meeting to provide an ND for the entire stretch of Route 41 from Hwy 1 to Hwy 101. This project was to be included along with future projects under the same environmental document. This idea would delay this project for several years. It was then proposed to separate the .7 mile section of this project with major environmental concerns from the rest of the rehabilitation job. This strategy would allow us to proceed with the upgrades through the more urbanized section of roadway (PM 14.1/16.0) under a categorical exemption as this area would not require the removal of trees. A lengthy delay in widening the narrow section of roadway was anticipated as a result of re-scheduling the .7 mile portion of this project to coincide with the schedules of future projects westerly along Route 41. In order to minimize this delay the District Environmental Department will provide an ND for the .7 mile section (PM 13.4/14. 1) separate from the future jobs along Route 41. The future projects along Route 41 will be addressed during public meetings. The methods used to acquire this ND could later be used on future jobs along Route 41 requiring similar environmental documents. It was suggested by Henry Hammer, that as a form of mitigation, we use a receivership program which would provide a sort of "bank" of oak trees with similar characteristics and age of those trees that will be removed. The District Environmental Department agreed that this is an excellent form of mitigation and cited past experiences with this method. Henry Engen mentioned that the City of Atascadero has an existing receivership program. It was agreed that an advisory committee be formed to represent the communities concerns. The committee will work with CALTRANS to develop an appropriate solution. The City of Atascadero will provide a list of candidates to the advisory committee. Marty Nicholson would like to see the list balanced with environmentalists as well as engineer/construction types. The new Atascadero library was suggested as being a good meeting place for these advisory meetings. It was requested to provide drawings depicting what is planned and showing alternatives for each tree effected by the widening. • • Nov 14 , 1989 Mr. Henry Engen Community Development Director NOV 2 01981 6500 Palma Ave. Atascadero, CA 93422 rn.r. " '•�;T'' r�VttUr,`6 �;� Subject: Highway 41 (west ) CALTRANS Advisory Committee Candidates Dear Henry, In accordance with our discussion at the meeting at CALTRANS on Nov. 7 , I have a list of recommendations for the advisory committee. I have taker, the liberty to suggest a few more people than I think may be needed in order to have alternates for members who may be unable to attend meetings from time to time and to provide a more regional base to group. Ursula Luna 4662946 PO Box 806 Atascadero, CA 93423 Joan O'Keefe 466 8781 9985 Old Morro Road East Atascadero, CA 93422 Peter Boonisar 466 5577 5212 Magdalena Ave , Atascadero, CA 93422 Steve Lasalle 461 3559 PO Bos 962 Atascadero, CA 93423 Jim Patterson 438 5516 or 466 3449 9312 N. Santa Margarita Rd. Atascadero, CA 93422 Iry McMillan 238 5935 Linne Rd. Paso Robles , CA John Beccia 438 5855 Star Rt. , Boy: 235 Santa Margarita, CA 93453 I have spoken with each of these volunteers about the Nov. 7tm meeting and asked if they would be willing to help with this advisory committee. John Beccia has been in the hospital this week and has not formally agreed but he has been working with me and Iry McMillan to create a Native Tree and Habitat Ordinance for the county so I am sure that he is interested (and I assume that his stay in the hospital will be temporary) . 2 While all• of my recommendations would consider themselves "environmentalists" , they represent a broad cross section 'of the community and not just a special interest group. If you would like more information about any of these people, please contact me or contact them directly. I have not attempted to suggest "engineer / construction types" as suggested by Marty Nicholson since I believed you would be in a better position the know them. I have assumed that Lisa Shickler (Atascadero Urban Forester) would be on your list. I am, of course, interested in working on the advisory committee myself. If I can be of any further assistance in getting this committee functioning, please let me know. Sincerely, Henry Hammer 528 4052 1517 Nipomo Ave . Los Osos , CA 93402 Copies Gary Ruggerone Chief Environmental , CALTRANS Ursula Luna Joan O'Keefe Peter Boonisar Steve Lasalle Jim Patterson Iry McMillan John Beccia 0 • STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Govemor DEPARTMENT OF TRANSPORTATION . P.O. BOX 8114 SAN LUIS OBISPO, CA 93403-8114 F Co E I V F �t TDD (805) 549-3259 CITE` NIGR. November 27, 1989 Mr. Ray Windsor , City Manager City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 Dear Ray: The City of Atascadero has always been included on the distribution list for Negative Declarations and Environmental Impact Reports that are prepared by Caltrans for projects within the Atascadero city limits. Categorical Exemptions are usually for very minor maintenance and operation improvement projects and are not normally distributed to local agencies. The City Public Works Engineer, however, is normally consulted on all projects. Caltrans will continue to distribute appropriate Negative Declarations and Environmental Impact Reports to the City of Atascadero. If requested by the City of Atascadero, Categorical Exemptions, for projects within the city limits, would be distributed to the city, as part of our normal distribution process. If you have any questions or need any further information, please contact me at 549-3182 . Sincerely; Ganem Gary Ruggerone Environmental Planning Branch MEETING AGENDA afi7E_ ITEM I# • ATASCADERO RECYCLING COMMITTEE STATUS REPORT December 6, 1989 TOS Mayor Dexter, Councilwoman Borgeson, Councilman Lilley, Councilwoman Mackey, Councilman Shiers. Since our first meeting in July, the Committee has embarked on a program of educating ourselves on the unique characteristics of the Atascadero solid waste system. We have been reviewing current legislation governing solid waste management and evaluating existing recycling programs underway in other communities. Several professionals from the solid waste industry have addressed our Committee and brought us up-to-date on their involvement in recycling and related programs. These professionals include= Tom Martin of San Luis Garbage, Jim Rosa of Wil Mar Disposal and Nancy Wood of ECOSLO. The Committee has also evaluated- recycling valuatedrecycling programs currently operating in Atascadero in order to determine our most immediate recycling options. The Committee has prepared a draft ordinance which offically establishes the Atascadero Recycling Committee and defines its duties and rules of operation. This draft ordinance is currently awaiting review by the City Attorney. • The Committee's most resent accomplishment is the preparation of the City of Atascadero Waste Reduction and. Management Resolution. This Resolution acknowledges the seriousness of the solid waste crisis and the importance of proper solid waste management. It establishes goals and principles to govern solid waste management programs and lists several activities to accomplish these goals:.. It sets the stage for the adoption and implementation of future programs. We present this Resolution to the City Council for your consideration. Accompanying the Resolution, for your information, is a summary packet of current legislation affecting recycling. The Recycling Committee is enthusiastic and motivated. We have been working hard to prepare ourselves for the important tasks that lie ahead. We have established the following immediate goalst Conduct an Informational Survey= Establish a Data Base; Develop a Public Awareness and Education Program; Prepare a Source Reduction and Recycling Plan; Draft a City Recycling and Purchasing Resolution. With the Council's support and encouragement, we will embark on these activities. Respectfully submitted, Atascadero Recycling Committee David Crouch, Craig Dingman, Bill Gibbs, Marge Mackey James Patterson, Renee' Silberman, Michelle 'Velasco, Ron Vilarino • RESOLUTION NO. 84-89 0 CITY OF ATASCADERO WASTE REDUCTION AND MANAGEMENT RESOLUTION WHEREAS, the City of Atascadero recognizes the importance of • preserving limited and increasingly valuable landfill space, conserving natural resources and protecting the environment; and WHEREAS, reducing, reusing, recycling and composting of wastes as part of a comprehensive waste management system can contribute significantly to acheiviny these envi- ronmental goals; and WHEREAS, substantial energy savings and economic benefits can be realized through the implementation of a compre- pensive waste management program; and WHEREAS, AB 939 requires local governments to divert 25% of solid waste from landfills through source reduction, recycling and composting by 1995 and another 25% by the year 2000; and, WHEREAS, AB 2020 has established a network of recycling centers throughout the state that have made recycling more feasible; NOW, THEREFORE, BE IT RESOLVED THAT the City of Atascadero hereby establishes the following goals and principles to govern local solid waste management activities= • 1. Solid wastes should be managed as important recoverable resources that can contribute to the local economy when reused and recycled; 2. Landfills should be managed not only to minimize environmental concerns but also as a resource to be conserved ; 3. The heirarchy of integrated waste management should be applied wherever possible to foster solid waste options in the following order of priorities: reduce consumption, reuse as much as possible, recycle or compost materials from wastes, recover energy values from wastes, then properly landfill the rest; not less A. Landfill wastes should be reduced by than 25% by 1995; 5. The City shall work to stabizize and expand markets for recyclables and reduce its solid waste production by buying recycled an recyclable materials and products, by encouraging local business and industry to use recycled recyclable products, and by supporting appropriate state and federal market legislation and programs; 6. Community awareness and education of the importance of resource conservation and wise resource util- ization is essential to the success of a compre- • hensive waste management program. RESOLUTION NO. 84-*(Cont'd) FURTHER, BE IT RESOLVED THAT the City of Atascadero hereby will . pursue the following activities to implement the goals and principles adopted above: 1 . Conduct an informational survey of residents and businesses on current solid waste practices; 2. Evaluate waste composition studies to identify recyclable materials; 3. Establish a Recycling Committee to evaluate current solid waste management practices, initiate programs and make recommendations to the City Council; 4. Prepare, adopt and submit to the County a Source Reduction and Recycling Plan consistent with State requirements; 5. Develop and support ongoing education programs that convey the seriousness of the solid waste crisis, promote responsible consumer habits and encourage recycling; 6. Direct all City Department to participate in a comprehensive recycling program; 7. Implement a procurement policy favoring the purchase of products containing recycled and recyclable materials; 8. Designate an appropriate staff person to coordinate the various solid waste management programs; 9. Develop a Waste Reduction Strategy with specific initiative, budget and timing; 10. Review existing solid waste management procedures and contracts to identify changes needed to foster recycling; 11. Coordinate collection and proper disposal of toxic and hazardous wastes within the City; 12. Adopt a model zoning ordinance to facilitate siting of recycling facilities. ON 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: CITY OF ATASCADERO ROLLIN DEXTER, Mayor ATTEST: APPROVED AS TO FORM; BOYD C. SHARITZ, City Clerk ARTHUR R. MONTANDON, City Attorney 0 NEW CAUFORNIA LAWS AFFECTING RECYCLING (Laws enacted through 1989 legislation) • Prepared by the California Waste Management Board • October 2, 1989 Note: This summary was prepared as a courtesy to the individuals receiving our Quarterly Report on California's Recycling Markets and to other interested individuals. - Every effort has been made to accurately summarize the major bills (now laws) affecting recycling in California. However, . in our attempt to be concise, some important sections of certain bills may have been left out. If you desire a copy of a particular law, we suggest you call the State Capitol Bill Room at (916) 445-2323. If you have questions about how a particular law will be implemented, we suggest you call the state department that is responsible for implementing the law. For all laws relating to the California Beverage Container Recycling and Litter Abatement Act ( "AB 2020" ) , call the Department of Conservation's Division of Recycling at (916) 323-4636. For all other laws included in this summary, call the California Waste Management Board's Resource Conservation Division at (916) 324-6944. AB 4 (Fastin) ; Chapter 1094; Recycled Products Procurement State and Local Agencies This law -- titled the State Assistance for Recycling (STAR) Markets Act of 1989 -- requires- increased procurement of recycled products: by state agencies, the Legislature, and local agencies. Major provisions of the law are as follows: State Agencies and the Legislature 1. ' Establishes procurement goals for recycled paper products, as follows: a. 35% of total expenditures by January 1, 1992 b. 40% of total expenditures by January 1, 1994 c. 50% of total expenditures by January 1, 1996. 2. Requires a 5 percent purchase price preference be extended to suppliers of recycled paper products. (Note: this price preference was already in effect prior to passage of AB 4. ) 3. Requires purchase preferences be extended to the following recycled products: compost & co-compost printed on recycled paper 0 products, glass, oil, plastics, solvents and paint, and tires, providing that: a. the product meets applicable standards b. the product can be substituted for a comparable non-recycled product, and C. the product costs no more than a comparable non- recycled product. (Note: purchase preferences for compost and co-compost products were in effect prior to passage of AB 4; all the remaining recycled products were added by AB 4. 1 4. Establishes procurement goals for recycled products overall, as follows: a. 10% of State purchases by January 1, 1991 b. 20% of State purchases by January 1, 1993 C. 40% of State purchases by January 1, 1995. 5. Requires the director of the Department of General Services -- in consultation with- the California Waste Management Board -- to review existing procurement specifications, and to eliminate discrimination against the procurement of recycled products whenever quality of the recycled product is functionally equal to the same product manufactured with virgin resources. 6. Requires the Department of General Services to report annually to the Legislature on the States ' progress towards meeting the recycled products procurement goals established by this law. Local and State Public Agencies ,, 1. Requires all local and state public agencies to - -�, � - --, purchase recycled products ( those that apply for State purchases) instead of non-recycled products -- fitness and quality being equal -- whenever available at no P a'"'`' ' more than the total cost of non-recycled paper products. 2. Allows all local public agencies to extend a purchase price preference to -recycled productsrand allows those agencies to define the amount of this preference. (Note: former law did not allow for price preferences to be extended to non-paper recycled products and restricted to 5% the price preference that local agencies could extend to recycled paper products. ) AB 888 (LaFollette) , Chapter 809; Household Hazardous Waste Plans This law requires that county solid waste management plans (CoSWMPs) be revised to identify a program for the collection, 2 recycling, and disposal of household hazardous waste, . thereby mandating such programs by counties and cities. The existing Advisory Committee on Household Hazardous Waste Management increases in membership to include a representative of used oil recyclers. AB 939 (Sher) , Chapter 1095; California Integrated Solid Waste Management Act See separate summary. AB 940 (Sher) , Chapter 812; Mobile Beverage Container Redemption Units This law requires the Department of Conservation (DOC) to establish pilot mobile buyback programs for CA redemption value beverage containers. The programs will be conducted in the Counties of San Luis Obispo, San Joaquin, Santa Barbara, and Solano, commencing July 1, 1990. The DOC is required to report the conclusions drawn from the pilot programs to the Governor and the Legislature by July 1, 1991, AB 1001 Sher) , Chapter 1342; California Beverage Container Recycling and Litter Reduction Act Amendments This law enacts numerous amendments to the California Beverage Container Recycling and Litter Reduction Act (created by AB 2020 in* 1986) . Significant among the amendments are: 1. Appropriates expenditures from the Redemption Account for litter abatement and recycling activities and grants with statewide private nonprofit entities, and for advertising and promotion contracts with recycling centers. 2. Appropriates expenditures from the Redemption Account for convenience incentive payments to certified recyclers. 3. Requires the Department of Conservation to recalculate the scrap value and processing fee of each beverage container type included in the State program annually, on or before October 1, commencing October 1, 1991. 4. Increases civil penalties for violations of the California Beverage Container Recycling and Litter Reduction Act. 3 i AB 1020 (Hansen) , Chapter 776; Beverage Containers/Curbside Recycling Programs iThis law creates new reporting requirements for curbside recycling programs -- as defined -- that collect CA redemption value beverage containers but which do not pay the redemption value or redemption bonus for such containers. AB 1041 (LaPollette), Chapter 498; Plastics Study and Report This law requires the California Waste Management Board (CWMB) to submit a report of specified content on the use; disposal, and recyclability of plastic not subject to the Beverage- Container Recycling and Litter Reduction Act to the Governor and the Legislature on or before January 1, 1991. No additional funding is projected; the work will be performed by existing staff. AB 1305 (Killea) , Chapter 1093; Recycled Newsprint Purchasing This law requires that all commercial consumers of newsprint ensure that at least 25% of their newsprint consumption consists of recycled-content newsprint, beginning Jan. 1, 1991. Recycled- content newsprint is defined as that containing at least 40% post-consumer wastepaper. Mandated consumption percentages shall increase incrementally until they reach 50% by January 1, 2000 . The law requires every commercial consumer of newsprint to certify to the California Waste Management Board (CWMB) the total number of tons of newsprint used and the number of tons of recycled-content newsprint used during each calendar year. Commercial consumers of newsprint will not be held subject to the recycled-content consumption requirements if they are able to certify that any of the following conditions for recycled-content newsprint existed during any reporting period: 1. it was not available in sufficient amounts, 2. it was not available at a comparable price to that for non-recycled newsprint, 3. it failed to meet quality standards established -by this law, or 4. it was not available within a reasonable period of time. The law also requires the CWMB to survey the use of all recycled- content papers in California ( including papers other than newsprint) after January 1, 1994, and report its findings to the Legislature on or before July 1, 1994. 4 • AB 1306 (Killea) , Chapter 1092; State Recycled Paving Materials Procurement This law requires the Department of Transportation (CalTrans) in consultation with the California Waste Management Board (CWMB) to modify all bid specifications for paving and other related materials used in state contracts, so that the maximum use of recycled materials is encouraged without compromising quality standards for highway construction. The law does not establish minimum percentages or goals for the use of these recycled materials. AB 1308 (Killea) , Chapter 1091; Recycling Equipment: Bank and Corporation Tax—Crime its This law provides for bank and corporation tax credits of 40% for the cost of equipment used to manufacture finished recycled products. The recycled products must be composed of at least 50% secondary waste materials, at least 10% of which is post-consumer waste generated from within California. Eligible equipment must be purchased between January 1, 1989 and January 1, 1994 . The tax credits will be applied over three tax years, with a $250,000 maximum credit allowable. The tax credit program will be administered by the California Waste Management Board (CWMB) and will sunset on December 1, 1994. AB 1570 (Sher) , Chapter 1226; State Used Oil Procurement and Oil Container Labeling This law requires all state agencies purchasing motor oil and their contractors to purchase motor oil and industrial oil containing the greatest percentage of recycled oil, providing the recycled oil: 1. is available within a reasonable period of time 2. is able to meet reasonable performance standards, and 3. is available at no greater cost than comparable virgin oil products. The law requires that manufacturers of oil containers intended for sale in California do one of the following: 1. Label the container to a. inform consumers that used motor oil is a hazardous waste and should be disposed of properly, and b. provide the number of a toll-free hotline (operated by the California Waste Management 5 Board) which identifies facilities that accept used motor oil . 2. Provide signs or other written materials to retailers appropriate for informing consumers of the information that would otherwise be contained on the label described above. AB 1843 (W. Brown) , Chapter 974; Tire Disposal and Recycling This law enacts a major environmental regulatory program to control the disposal of used tires. For the first time, tire stockpiles are required to be registered and permitted. The law establishes a disposal fee of twenty-five cents ( $0.25) per tire, effective July 1, 1990, paid by each person who leaves tires for disposal with a new or used tire dealer. The majority of the fee proceeds are available to affected industries in the form of grants and loans for developing alternative uses for used tires, and for reducing tire stockpiling and landfilling. The fee assessment provisions of the law become inoperative on June 30, 1999, and will be repealed as of January 1, 2000 unless extended by further legislation. In addition, the law requires the California Waste Management Board (CWMB) to adopt emergency regulations which establish procedures for permitting landfills and waste tire facilities which would be authorized to accept waste tires. The CWMB is • required to report annually to the Legislature the volume of used tires diverted from landfills, and is also required to complete a Legislative report by December 1, 1991, regarding an assessment of the feasibility of utilizing waste tires as fuel supplements. For the purposes of initial implementation the bill, one million dollars ($1, 000,000) will be transferred from the Environmental License Plate Fund (ELPF) as a loan to the recycling fund. This money will be repaid to the ELPF by July 1, 1991, with interest, by the CWMB. AB 2295 (Cortese) , Chapter 1247; Regulation of Sewage Sludge as Fertilizer This law exempts application (land spreading) of agricultural products derived from municipal sewage sludge from the requirement that "a finding of public need and necessity" precede such application. The law also exempts these products from the requirement that their application be in conformance with County Solid Waste Management Plans. This law does not exempt agricultural products derived from municipal sewage sludge from the definition of a solid waste nor 6 the requirement that the application site be permitted as a solid waste facility. Furthermore, application of these products will require a determination by the California. Waste Management Board . that such application does not pose a threat to public health, safety, or to the environment. SB 432 (Alquist) , Chapter 654; Recycling Equipment: Personal Tax Credits This law is virtually identical to AB 1308, except that it applies to personal tax credits as opposed to Bank and Corporation tax credits. SB 926 (Rogers) , Chapter 865; Beverage Containers/Redemption -value Identification This law requires distributors of beverages packaged in CA redemption value containers to separately identify the amount of any minimum redemption value on any invoice submitted to a dealer (retailer) . The law also requires dealers to separately identify the amount of any minimum redemption value in all advertising. SB 1221 (Hart) , Chapter 1339; Beverage Containers/Minimum Redemption Value This law amends the California Beverage Container Recycling and Litter Reduction Act regarding the minimum redemption value of CA redemption value containers. The most significant changes are as follows: 1. Increases the per-container payment by beverage distributors into the Redemption Account from 1 cent/container to 2 cents/container (and from 1 cent/container to 4 cents/container for containers 24 fluid ounces or more) , effective November 1, 1989. 2. Increases the redemption value of CA redemption value beverage containers from 1 cent/container to 5 cents per two containers (or 2 cents per single container) , and from 1 cent/container to 5 cents/container for containers 24 fluid ounces or more, effective January 1, 1990. 3. Repeals existing provisions allowing certified recycling centers to retain the redemption bonus (created by unredeemed beverage containers) . 7 SB 1322 (Bergeson) , Chapter 1096; State Recycling Programs See separate summary. SB 1475_ (Rogers) , Chapter 1287; "Junk Dealers" & Recyclers: Access to Information This law requires all "junk dealers" ( those buying and selling used machinery, scrap metals, used furniture, etc. ) and recyclers (as defined) to keep a written record of all sales and purchases made during the course of business. All junk dealers and recyclers are required to allow, during normal business hours, periodic inspections of their premises and to allow review of their business records by specified officers or officer appointees. Violation of the record-keeping requirement or refusal to allow inspection of the premises constitutes a misdemeanor and is punishable by specified fines and prison terms. This law gives law enforcement agencies specific rights to place a "hold" (up to 90 days) on property at a junk dealer 's or recycler 's premises that is suspected of being stolen. If evidence is provided confirming that the property has been stolen, the law enforcement agency can authorize release of the property to the victimized owner. 8 AB 939 Authors: Sher, Eastin, Killea This bill establishes the California Integrated Solid Waste Management Act that establishes state-mandated local integrated waste management programs. The Act includes: 1. The replacement of the current part-time California Waste Management Board with a.six-member full-time California Integrated Waste Management Board consisting of: • one member appointed by the Governor with private sector experiences in the solid waste industry; • one member appointed by the Governor who has been an official of a nonprofit organization promoting recycling and protection of water quality; • two public members appointed by the Governor; • two public members, one each appointed by the Senate Rules Committee and the Speaker of the Assembly. • 2. Each county will establish a task force to coordinate city source reduction and recycling activities and to prepare a countywide siting element. I By July 1, 1991, each city must prepare, adopt, and submit to the county a source reduction and recycling plan to include the following components: • a waste characterization study; • a source reduction component; • a recycling component; • a composting component; • a solid waste capacity component; • a public information component; • a funding component: • a special waste component; • a household hazardous waste component. printed on recycled paper 4. -Eac*ounty will prepare a countywide sol . plan specifying areas for disposal or transformation sites needed for the ensuing 1& years,,to provide for residual wastes which cannot be diverted through source reduction, recycling and composting. 5. Each count will prepare. adopt and submit to the State Y P P areP Board an integrated waste management plan which includes the city plans for source reduction and recycling, and the countywide siting plan. 6. Cities and counties are required by January 1, 1995 to divert 25 percent of solid waste from landfills through source reduction, recycling and composting. By January 1. 2000 a 50 percent reduction is to be attained where feasible. 7. The Board must approve or disapprove a plan within 120 days of receipt. If a plan is disapproved, the local jurisdiction must make corrections within 120 days. The Board may impose administrative civil penalties up to $10,000 daily for failure to submit an adequate plan. 8. The preparation and implementation of local plans are to be funded`by fees imposed by local jurisdictions on generators of solid waste. 9. The Board will adopt minimum standards for solid waste handling and disposal to protect air, waste and land. 10. The existing comprehensive system of permits, inspection and site cleanup and maintenance for all solid waste facilities in the state will be strengthened. 11. Funding for programs of the new Board (including those in SB 1322) will be accomplished through a landfill surcharge set at SO:- cents 0'cents per ton beginning January 1, 1990, and increasing to a maximum to $1 per ton after January 1, 1991. SB 1322 Author: Bergeson (R) This bill establishes a comprehensive set of state programs designed to increase recycling and encourage the development of markets for recyclable materials. The new programs include: 1. The creation of a Source Reduction Advisory Committee comprised of seven members, appointed by the Governor and the legislative leadership, which will meet and develop recommendations to the Integrated Waste Management Board, the Governor and Legislature by July 1991 on how to reduce wastei generated in the state. r 2. The creation of a Recycling Market Development Commission that will make annual recommendations to the Governor and the Legislature on how to develop markets for recyclable materials in the state. 3. A state program that would authorize local governments to establish "market development zones" that would provide fiscal and regulatory incentives to stimulate private investments in • recycling infrastructures. 4. A high-grade paper recycling program that would require state agencies to purchase 25% of high grade papers be made from recycled paper. The requirement would increase to 30% in 1994, 35% in 1997, and 40% in the year 2000. 5. A compost market program requiring the Department of General Services, Caltrans and the Department of Forestry and Fire Protection to begin using compost in lieu of other commercial fertilizers for various landscaping, park and recreational projects. 6. A plastic recycling program requiring the Department of General Services to establish procurement practices and specifications for the purchase of recycled plastic products. 7. A retreaded fire program requiring the Department of General Services to begin using retreaded tires on state vehicles except emergency vehicles. printed on recycled paper 8. A Oycled lead-acid battery program ree.uiring all lead-acid batteries purchased by state agencies be recycled batteries. 9. A technical assistance program which requires the Integrated . Waste Management Board to provide assistance to local agencies to help them plan and enforce the new programs and laws, and to provide waste reduction evaluations for government and business offices. 10. An"bffice paper recovery program which requires the Integrated Waste Management Board to initiate a program to collect office paper used by state and local agencies. 11. A Los Angeles County pilot litter program which provides up to $1 million to the Integrated Waste Management Board to initiate a litter cleanup program in the County of Los Angeles. 12. A research and development program to identify, develop and refine processes and technologies that will assist state and local governments in their resource management and waste reduction programs. 13. Requires the Integrated Waste Management Board to submit a comprehensive report to the Legislature and Governor that reflects progress in the new programs. A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM ' DECEMBER 12 , 1989 ` 6:00 P.M. (*) 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 Comment: Proclamation: Endorsing the concepts of "Human Responsibilities for Peace and Sustainable Development" (*) THE COUNCIL WILL ADJOURN TO A CLOSED SESSION FOR THE PURPOSE OF DISCUSSING INSTRUCTIONS TO THE CITY'S NEGOTIATOR RE: PUR- CHASE AND/OR SALE OF REAL PROPERTY. 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 a Community Forum, the following rules will be enforced: 14 * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. t d . * 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 & staff. A. CONSENT CALENDAR: 4 ,'. All matters listed under Item A, Consent Calendar, are considered ' to be routine, and will be enacted by one motion in the form g listed below. There will be no separate discussion on these p. items . A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. NOVEMBER 28, 1989 CITY COUNCIL MINUTES ° 2. NOVEMBER 30, 1989 SPECIAL MEETING COUNCIL MINUTES 3. FINAL PARCEL MAP 37-87 , 8430 SANTA ROSA ROAD (Messer/Cuesta Engineering) 4 . -' PROCEDURES FOR THE SELECTION OF COMMISSION, BOARD AND COM- MITTEE MEMBERS B. HEARINGS/APPEARANCES : 1 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 5550 TRAFFIC WAY ( "The Oaks" ) (Cont' d from 10/30, 11/14 & 11/28/89--Public hearing closed) 2. PROPOSED ADOPTION OF MODEL CODES AND TITLE 8 BUILDING REGULATIONS A. Ordinance No. 199 - (See agenda packet for complete Ordinance title) (FIRST READING: Motion to ( 1) waive reading of ordi- nance in full and approve by title only - Voice vote; (2) motion to approve Ord. No. 199 on first reading- Roll call) 3. 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 Commission "(FIRST READING: Motion to ( 1) waive reading of ordi ;:a nance in full and approve by title only - Voice 'vote; (2) motion to approve Ord. No. 200 on first reading- Roll call) 4. TAPE RECORDING OF CITY COUNCIL MEETINGS A. Ordinance No. 201 - Repealing Section 2-1 . 19 of the Atascadero Municipal Code, which regulated the recor- dation of City Council meetingsrx (FIRST READING: Motion to ( 1) waive reading of ordi- nance in full and approve by title only Voice vote; (2) motion to approve Ord. No. 201 on first reading- Roll call) ' C. REGULAR BUSINESS : 1. HERITAGE TREE REMOVAL, 8250 LOS OSOS ROAD - REQUEST FOR RE- CONSIDERATION (Denied 11/28/89) (Councilwoman Mackey) 2_ DRAINAGE IMPROVEMENTS A. Graves Creek Project B. Resident Petition re: Alegre Avenue 3. DOWNTOWN STREET LIGHTING PROJECT (Councilman Lilley) 4. CALTRANS ADVISORY COMMITTEE 5. SALES TAX SUPPLEMENTAL FUNDING - SELECTION OF TWO TASK FORCE MEMBERS (Councilwoman Borgeson) 6. RESOLUTION NO. 84-89 - WASTE REDUCTION AND MANAGEMENT RESO- LUTION (Atascadero Recycling Committee) D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council : A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee 2 . North Coastal Transit 3 . S.L.O. Area Coordinating Council ' 4 . Traffic Committee 5 . Solid/Hazardous Waste Mgmt. Committee ,r A 3 s x • (Committee Reports, cont'd) : ' 6. Recycling Committee (See Item C-6) 7 . Economic Opportunity Commission 8 . Finance Committee 9. B.I.A. tJ'e 10 . Downtown Steering Committee , 11 . Interim Growth Management Committee 12 . General Plan Subcommittee ' ° 2. City Attorney 3. City Clerk $° 4 . City Treasurer 5. City Manager ` x' PLEASE NOTE THAT THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, JANUARY dth, 1990. ,t Al.Y tx e is 4 ,_ its� f Y : r A .G N Y} A .ATA CADZRO CITY-COUNCIL ADJOURNED REGULARATASCADE-RO ADMINISTRATION BUILDING . ' ' FOURTH FLOOR CLUB 80014 ER 30,1 IM. a 3:45 P.M. 1 Call to Qrc�er. Roll' Call . , o rea it C — a l6t�0n Sy ;rig �.� plus prcape y, and-,proceed with a praisae,l.. A. Repot from ngineerin re: btld4e e , emellt`. us (Gary $in1s). , Quscil tc .: add our to oloa+�d se ion A. To 3natr�z� City negc►t a br rez purq ase.'an4/f r; sale of real proper"IC B. To,">3nstruct City' s*tne��g@v l�ayto�r 'rep�;¢, ey ����a �a�e} a}� ► i,}�� �»� y�� . .k. (Management, i.L+� �2 liAi�f, .. is {r Oy and-,goof identiA ,0.41 fir, agreements} ' , a 1. ... .. ..i .; 4 .. t n 1 int f _ A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM NOVEMBER 28, 1989 7:00 P.M. 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 thar. 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 Comment 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& staff. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1 . NOVEMBER 14, 1989 CITY COUNCIL MINUTES 2 . TENTATIVE PARCEL MAP 20-88, 10450 MORRO ROAD - Consideration of Planning Commission recommendation to deny proposed lot split of 33 . 13 ac . into two lots of 28 . 0 and 5 . 13 acres (Evans/Stewart) B. HEARINGS/APPEARANCES : 1 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 5550 TRAFFIC WAY ( "The Oaks" ) (Cont' d from 10/30 and 11/14/89 ) 2. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 8250 LOS OSOS ROAD 3. TENTATIVE PARCEL MAP 16-89, 9350 SANTA CRUZ - Subdivision of one parcel containing approx. 9 . 63 ac . into two lots of 4 . 0 ac . and 5 . 63 ac . (Lobo Investments/Volbrecht Surveys ) (Cont' d from 10/10, 10/30 and 11/14/89) A. City Attorney' s response to Elizabeth Scott-Graham' s letter of Oct. 27 , 1989 4 . TENTATIVE PARCEL MAP 7-89, 7000 SAN PALO ROAD - Reconsidera- tion of proposed subdivision of one 7 .0 ac. parcel into four dots of 1. 55 , 1 .60, 1 . 65 and 2 . 2 acres (McNamara/Cuesta En- gineering) (Reference 7/11 and 10/30/89 Council Meetings) C. REGULAR BUSINESS: 1. ATTORNEY SERVICES CONTRACT - ART MONTANDON 2. CONSULTANT SERVICES RECOMMENDATION - FIRE MASTER PLAN 3. CONSIDERATION OF REQUEST BY GEORGE HIGHLAND TO AMEND ORDI- NANCE NO. 101 RE: PLANNING COMMISSIONER TERMS 4. REQUEST TO SET SPECIAL MEETING, RECOMMENDED TO BE HELD AT 3 :00 P.M. THURSDAY, NOVEMBER 30, 1989, 4TH FLOOR CLUB ROOM, FOR THE FOLLOWING: 2 ti A. DISCUSSION OF LAND DISPOSITION (SALE AND/OR PURCHASE) RESULTING FROM APPRAISALS BY DENNIS E . GREEN, INC. (Closed Session) (Verbal ) B. STATUS OF LAND SALE AT SAN BENITO & HIGHWAY 101 (SUR- PLUS PROPERTY) (Closed Session) (Verbal ) C. REQUEST TO REAFFIRM CITY-OWNED LOT ON SYCAMORE RD. AS SURPLUS PROPERTY AND PROCEED WITH APPRAISAL (Open Ses- sion) D. STATUS OF MANAGEMENT, MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEE AGREEMENTS FOR 1989-1990 (Closed Session) D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S .L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee (Nothing to report) 5 . Solid/Hazardous Waste Mgmt. Committee (Nothing to report) 6 . Recycling Committee (Nothing to report) 7 . Economic Opportunity Commission (Nothing to re- port) 8 . Finance Committee (Nothing to report) 9 . B. I .A. (Nothing to report) 10 . Downtown Steering Committee (Nothing to report) 11 . Interim Growth Management Committee (Nothing to report) 12 . General Plan Subcommittee (Nothing to report) 2. City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager COUNCIL WILL ADJOURN TO A CLOSED SESSION ON THURSDAY, NOVEMBER 30 , 1989 AT 3:00 P.M. , 4TH FLOOR CLUB RM. FOR DISCUSSION RE: 1 . TO INSTRUCT CITY' S NEGOTIATOR RE: PURCHASE AND SALE OF REAL PROPERTY BY CITY; 2. TO INSTRUCT CITY' S NEGOTIATOR RE: EMPLOYEE NEGOTIATIONS 3 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM NOVEMBER 14, 1989 7 :00 P.M. 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 Comment 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 & staff. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. OCTOBER 30, 1989 CITY COUNCIL MINUTES 2. CERTIFICATION OF NEGATIVE DECLARATION FOR PAVILION PROJECT 3 . RESOLUTION NO. 82-89 - AUTHORIZE INSTALLATION OF STOP SIGNS ON CAPISTRANO AT THE HOTEL PARK PROJECT 4 . RESOLUTION NO. 83-89 - AUTHORIZE INSTALLATION OF STOP INTER- SECTIONS ON LIGA AVE. AT AMARGON AVE. AND ON LIGA AVE. AT ARENA AVE. 5. NOTICE OF COMPLETION FOR THE CITY ADMINISTRATION BUILDING RENOVATION - PHASE IIC 6. POLICE CAR PURCHASE (3) - FISCAL YEAR 1989-90 7. APPROVAL OF S.L.O. AREA COORDINATING COUNCIL JOINT POWERS AGREEMENT (Cont' d from 8/8/89 meeting) 8. ACCEPTANCE OF FINAL PARCEL MAP 23-85, 5495 TRAFFIC WAY - To allow the creation of two lots where three existed in the IP ( Industrial Park) Zone (Carroll/Stewart) 9 . ACCEPTANCE OF FINAL TRACT MAP 12-88, 6805 SANTA LUCIA ROAD- To convert an approved, but not yet constructed, 9-unit apartment complex into residential condominiums (Anderson/ Messer/Cuesta Engineering) 10. REQUEST AUTHORIZATION TO UTILIZE JOHN L. WALLACE & ASSOCI- ATES FOR SELECTED CITY ENGINEER SERVICES B. HEARINGS/APPEARANCES : 1. TENTATIVE PARCEL MAP 16-89, 9350 SANTA CRUZ - Subdivision of one parcel containing approx. 9 .63 ac. into two lots of 4 .0 ac. and 5 . 63 ac. (Lobo Investments/Volbrecht Surveys) (Cont' d from 10/10/89 and 10/30/89) 2. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 12550 SANTA ANA ( Sandel) (Cont' d from 10/30/89) 3. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 5550 TRAFFIC WAY ( "The Oaks" ) (Cont' d from 10/30/89) 2 4. ZONE CHANGE 8-89 - 7715/7745 SINALOA ROAD A. Ordinance No. 198 - Amending Map 17 of the official zoning maps by rezoning certain real property at 7715/ 7745 Sinaloa from RMF/16 to RMF/16 (PD7 ) (Jones/Cuesta Engineering) (FIRST READING: Recommend ( 1) motion to waive reading of ordinance in full and approve by title only - Voice vote; ( 2) motion to approve Ord. No. 198 on first reading - Roll call) C. REGULAR BUSINESS : 1. POLICE FACILITY PROJECT - BID RESULTS AND RECOMMENDATIONS 2. CONSIDERATION OF REVISION TO CONTRACT: SAN ANDRES DRAINAGE PROJECT 3. RESPONSE TO COUNCIL' S REQUEST TO REVIEW DEVELOPER FEE RATES 4 . REQUEST TO SET JOINT MEETING WITH PLANNING COMMISSION AT ITS MEETING OF NOVEMBER 21, 1989, TO DISCUSS GENERAL PLAN MAT- TERS D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : A. Confirmation of City Attorney Appointment (Verbal) B. Consideration of revisions to Zoning and Subdivision Ordinance (Councilman Shiers) C. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S.L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee ( See Items A-3 & 4 ) 5 . Solid/Hazardous Waste Mgmt. Committee (See report in agenda packet) 6 . Recycling Committee ( See report in agenda packet) 7 . Economic Opportunity Commission (Nothing to re- port) S . Finance Committee (Nothing to report) 9 . B. I.A. (Nothing to report) 10 . Downtown Steering Committee (Nothing to report) 3 11 . Interim Growth Management Committee (Nothing to report) 12 . General Plan Subcommittee (Nothing to report) 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager COUNCIL WILL ADJOURN TO A JOINT SESSION WITH THE CITY PLANNING COMMISSION AT THE COMMISSION' S NEXT REGULAR MEETING ON TUESDAY, NOVEMBER 21, 1989, 7 :00 P.M. IN THE FOURTH FLOOR ROTUNDA ROOM, FOR THE PURPOSE OF DISCUSSION REGARDING GENERAL PLAN MATTERS. 4 A G E N D A ATASCADERO CITY COUNCIL ADJOURNED REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM OCTOBER 30, 1989 7 :00 P.M. 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 Comment: - PROCLAMATION: "NATIONAL HOSPICE MONTH" , November 1989 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 & staff. f A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. OCTOBER 10, 1989 CITY COUNCIL MINUTES 2. CITY TREASURER' S REPORT - SEPTEMBER 1989 3 . FINANCE DIRECTOR' S REPORT - SEPTEMBER 1989 4 . TENTATIVE PARCEL MAP 17-89, 7550 CORTEZ - Subdivision of one parcel containing 6 . 25 ac . into four lots of 1 .5 ac . , 1 . 5 ac . , 1 . 58 ac . and 1 . 66 ac . (Barrett/Twin Cities Engineering) 5 . REQUEST FOR ONE-YEAR TIME EXTENSION OF TENTATIVE PARCEL MAP 23-87, 13900 LOS ALTOS ROAD (Vaughan) 6. AUTHORIZATION TO PURCHASE VEHICLES (Public Works Dept. ) 7 . AWARD CONTRACT FOR BACKHOE ATTACHMENT AND HYDRAULIC SCRAPER (Parks Divn. ) 8. RESOLUTION NO. 76-89 - ESTABLISHING ANNUAL DISADVANTAGED BUSINESS ENTERPRISES (DBE) POLICY AND LIAISON OFFICER 9 . NOTICE OF COMPLETION FOR THE ATASCADERO ADMINISTRATION BLDG. RENOVATION, PHASE IIC 10. AUTHORIZE CITY MANAGER TO SUBMIT REQUEST TO THE STATE FOR REDUCED CENTREX SERVICE CHARGES B. HEARINGS/APPEARANCES : 1. TENTATIVE PARCEL MAP 7-89, 7000 SAN PALO ROAD - Reconsidera- tion of proposed subdivision of one 7 .0 ac . parcel into four lots of 1 . 55 , 1 . 60, 1 . 65 and 2 . 2 acres (McNamara/Cuesta Eng- ineering) (Reference July 11 , 1989 City Council Meeting) (Applicant requests continuance) 2. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 12550 SANTA ANA ( Sandel) 3 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 3550 TRAFFIC WAY ( "The Oaks" ) 2 4 . TENTATIVE PARCEL MAP 16-89, 9350 SANTA CRUZ - Subdivision of one parcel containing approx. 9 . 63 ac . into two lots of 4 . 0 ac . and 5 . 63 ac . (Lobo Investments/Volbrecht Surveys) (Cont' d from 10/10/89 meeting) C. REGULAR BUSINESS : 1 . RESPONSE TO JOHN MCNEIL' S COMPLAINT RE: GRADING FEE VIOLA- TIONS (Verbal) 2. RESPONSE TO QUESTIONS RAISED BY STEVE LaSALLE RE: PLANNING COMMISSIONER SELECTION: A. Does Council desire to reconsider its appointment? B. Status of Resolution 35-81 and direction to staff D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (verbal report) 2 . North Coastal Transit (Nothing to report) 3 . S .L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee (Nothing to report) 5 . Solid/Hazardous Waste Mgmt. Committee (Nothing to report) 6 . Recycling Committee (Nothing to report) 7 . Economic Opportunity Commission (Nothing to re- port) 8 . Finance Committee (Nothing to report) 9 . B.I.A. (Nothing to report) 10 . Downtown Steering Committee ( See report in agenda packet) 11 . Interim Growth Management Committee (Nothing to report) 12 . General Plan Subcommittee (Nothing to report) 2 . City Attorney 3 . City Clerk 4. City Treasurer 5 . City Manager 3 f * NOTE : THE COUNCIL WILL MEET IN CLOSED SESSION AT 6 :30 P.M. IN THE 4TH FLOOR CLUB ROOM FOR THE PURPOSE OF DISCUSSION REGARDING PERSONNEL AND WORKERS COMPENSATION MATTERS. A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM OCTOBER 10, 1989 7 .00 P.M. 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 Comment: - PROCLAMATION: "FIRE PREVENTION WEEK" , October 8-14 , 1989 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 & staff. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1 . SEPTEMBER 26, 1989 CITY COUNCIL MINUTES 2. REQUEST FOR A ONE-YEAR TIME EXTENSION FOR TENTATIVE PARCEL MAP 26-87, 11300 VIEJO CAMINO (Yamabe & Horn Eng. /Vanden- Berghe Development) 3 . TENTATIVE PARCEL MAP 16-89, 9350 SANTA CRUZ - Subdivision of one parcel containing approx. 9 . 63 ac . into two lots of 4 .0 ac . and 5 . 63 ac . (Lobo Investments/Pace) 4. ACCEPTANCE OF FINAL PARCEL MAP 43-87, 8500 EL DORADO - Sub- division of 5 . 02 ac. into four parcels, three containing 20, 000 sq. ft. ea. , and one parcel of 3 . 64 ac . (Lindsey/Eng- ineering Development Associates ) 5 . APPROVAL OF CONTRACT FOR ENGINEERING TECHNICIAN, DAVID BRAGG 6 . AWARD OF BID FOR PLANNING DIVISION UTILITY VEHICLE TO PETE JOHNSON CHEVROLET 7 . ACCEPTANCE OF RECENTLY CONSTRUCTED ROADS INTO THE CITY- MAINTAINED ROAD SYSTEM: A. RESOLUTION NO. 64-89 - ACCEPTING ALEGRE AVENUE B. RESOLUTION NO. 81-89 - ACCEPTING RAYAR ROAD 8. RESOLUTION NO. 77-89 - DESIGNATING A STOP INTERSECTION ON SIERRA VISTA AT MONITA AVENUE 9 . RECOMMENDATION FOR ESTABLISHMENT OF STOP INTERSECTIONS: A. RESOLUTION NO. 78-89 - DESIGNATING A STOP INTERSECTION ON LAUREL AVENUE AT SANTA LUCIA AVENUE B. RESOLUTION NO. 79-89 - DESIGNATING STOP INTERSECTION ON CENEGAL AVENUE AT LAUREL AVENUE 2 s B. HEARINGS/APPEARANCES : 1. APPEAL BY TURKO SEMMES OF INVESTIGATION FEE CHARGED FOR GRADING WITHOUT A PERMIT AT 12070 SAN MARCOS ROAD C. REGULAR BUSINESS: 1. SALARY ADJUSTMENTS AS A RESULT OF THE FY88-89 WAGE AND CLASSIFICATION STUDY: A. RESOLUTION NO. 73-89 - ADDING & DELETING VARIOUS JOB CLASSIFICATIONS AND ADOPTING A SALARY/CLASSIFICATION SCHEDULE FOR VARIOUS MANAGEMENT, MID-MANAGEMENT/PRO- FESSIONAL, CONFIDENTIAL AND ATASCADERO PUBLIC SAFETY TECHNICIANS ORGANIZATION (APSTO) EMPLOYEES B. RESOLUTION NO. 74-89 - AMENDING THE EMPLOYMENT AGREE- MENT BETWEEN THE CITY OF ATASCADERO AND RAY WINDSOR, CITY MANAGER C. RESOLUTION NO. 75-89 - APPROVING NEW SALARIES FOR CITY CLERK AND CITY TREASURER 2. HAZARDOUS WASTE PILOT PROGRAM FUNDING 3 . SELECT DATE FOR CITY ATTORNEY INTERVIEWS (Verbal) 4 . RESCHEDULE 2ND MEETING IN OCTOBER DUE TO LEAGUE CONFERENCE ATTENDANCE (Verbal) D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S .L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee ( See Items A-8 & 9 (A/B) ) 5 . Solid/Hazardous Waste Mgmt. Committee ( See Item C-2 ) 6 . Recycling Committee (Nothing to report) 7 . Economic Opportunity Commission (Nothing to re- port) 8 . Finance Committee (Nothing to report) 9 . B. I .A. (Nothing to report) 3 10 . Downtown Steering Committee (Nothing to report) 11 . Interim Growth Management Committee (Nothing to report) 12 . General Plan Subcommittee (Nothing to report) 2 . City Attorney 3 . City Clerk 4. City Treasurer 5 . City Manager 4 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM SEPTEMBER 26 , 1989 7:00 P.M. 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 Comment: - Introduction of Assistant Finance Director, Rudy Hernandez - Proclamation: "Mental Illness Awareness Week" , October 1-7 , 1989 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 & staff . 1. PRESENTATION BY WARNER BROS. RE: FILMING SCHEDULE A. CONSENT CALENDAR: All matters listed under _Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. SEPTEMBER 12, 1989 CITY COUNCIL MINUTES 2. FINANCE DIRECTOR' S REPORT - JULY 1989 3. FINANCE DIRECTOR' S REPORT - AUGUST 1989 4. CITY TREASURER'S REPORT - JULY 1989 5. CITY TREASURER' S REPORT - AUGUST 1989 6. REQUEST BY THE CITY OF SAN LUIS OBISPO FOR SUPPORT IN ASKING LEAGUE OF CALIFORNIA CITIES TO SPONSOR LEGISLATION ENABLING CITY-SPONSORED BUSINESS SIGN PROGRAMS ALONG STATE HIGHWAYS 7. RESOLUTION NO. 71-89 - PROCLAIMING THE MONTHS OF SEPTEMBER, OCTOBER, NOVEMBER & DECEMBER AS "GOOD NEIGHBOR" MONTHS (United Way/Neighbors Helping Neighbors) 8. FIRE, EMERGENCY MEDICAL AND HAZARDOUS MATERIAL MASTER PLAN REQUEST FOR PROPOSALS 9. AWARD OF BIDS - RESURFACING PROJECT 10. ELIMINATION OF CROSSWALK AT ARCADE & EL CAMINO REAL 11. AUTHORIZE AMENDMENT TO AUDITOR' S CONTRACT TO REFLECT IN- CREASED COMPENSATION ($2,000) FOR SANITATION DISTRICT AUDIT 12. RESOLUTION NO. 72-89 - APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM FOR THE ATASCADERO LAKE PAVILION. B. HEARINGS/APPEARANCES : 1. APPEAL BY TOM VAUGHAN OF PLANNING COMMISSION DENIAL OF TEN- TATIVE PARCEL MAP 23-88 - PROPOSED DIVISION OF TWO LOTS OF 18.78 ACRES INTO 4 PARCELS OF 4 .5 ACRES EACH ( 10750 Santa Ana Rd. ) 2 C. REGULAR BUSINESS : 1. DOWNTOWN PARKING LOT AGREEMENTS (3) (City of Atascadero w/: B. I .A. /J. Stinchfield/D. Smith) (Cont'd from 8/22/89 & 9/12/89) 2. CERTIFICATES OF PARTICIPATION FINANCING: A. RESOLUTION NO. 68-89 - AUTHORIZATING THE ISSUANCE OF $2,000,000 IN CERTIFICATES OF PARTICIPATION B. RESOLUTION NO. 70-89 - AMENDING THE BUDGET TO RECEIVE THE PROCEEDS FROM THE CERTIFICATES OF PARTICIPATION 3. ECONOMIC DEVELOPMENT COMMITTEE D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council : A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S .L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee (See Item A-10) 5 . Solid/Hazardous Waste Mgmt. Committee (Nothing to report) 6 . Recycling Committee (Nothing to report) 7 . Economic Opportunity Commission (Nothing to re- port) 8 . Finance Committee (See Item C-2) 9 . B. I .A. (See Item C-1 ) 10 . Downtown Steering Committee (Nothing to report) 11 . Interim Growth Management Committee (Nothing to report) 12 . General Plan Subcommittee (Nothing to report) 2. City Attorney 3. City Clerk 4 . City Treasurer 5. City Manager ** COUNCIL WILL ADJOURN TO A CLOSED SESSION IN THE 4TH FLOOR CLUB ROOM FOR DISCUSSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) , SIGNIFICANT EXPOSURE TO LITIGATION; SAID MEETING WILL ADJOURN TO A CLOSED SESSION ON WEDNESDAY, SEPTEMBER 27, 3 1989 AT 3:00 P.M. , ROOM 207, FOR DISCUSSION CONCERNING EM- PLOYEE SALARIES AND BENEFITS PURSUANT TO GOVERNMENT CODE SECTION- 54957 .6. 4 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM SEPTEMBER 12, 1989 7 :00 P.M. 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 Comment 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 & staff. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. AUGUST 22, 1989 CITY COUNCIL MINUTES 2 . TENTATIVE PARCEL MAP 10-89, 12500 SANTA ANA ROAD - Request to allow the subdivision of 10 . 51 acres into two lots of approx. 5 . 26 ac . each. (Master Mortgage Co. /Volbrecht Surveys) 3 . TENTATIVE PARCEL MAP 11-89, 805 EL CAMINO REAL - Request to divide one parcel containing 102 . 9 ac . into two lots con- taining 10 . 3 ac. and 92 . 6 ac . (Rochelle/Webb) 4 . TENTATIVE TRACT MAP 14-87 , 9505 EL CAMINO REAL - Request for a one-year time extension for TTM 14-87 to August 11 , 1990 (Hendrix/Westland Engineering) 5. TENTATIVE TRACT MAP 15-89, 5900 BAJADA - Request to consider amendment to a previously approved condominium tract map to allow an addition to Unit #1 (Low/Cuesta Engineering) 6. FINAL PARCEL MAP 17-88, 11200 SANTA ANA ROAD - Acceptance of Final Parcel Map 17-88, subdividing three parcels totaling 17 . 20 acres into four parcels of 4 . 3 ac . each (Kamm & Dohan Partnership) 7 . RESOLUTION NO. 63-89 - INSTALLATION OF STOP SIGN ON AMAPOA AVE. AT PORTOLA ROAD 8. RESOLUTION NO. 64-89 - ACCEPTANCE OF ALEGRE AVE. INTO THE CITY-MAINTAINED SYSTEM 9. PROPOSED RESOLUTIONS FOR THE LEAGUE OF CA CITIES ANNUAL CONFERENCE: A. RESOLUTION NO. 65-89 - PETITIONING THE LEAGUE OF CA CITIES FOR THE INTRODUCTION OF STATE LEGISLATION TO ALLOW STATUTE CITIES TO DETERMINE AND ESTABLISH SPEED LIMITS ON ROADWAYS WITHIN THEIR CITY LIMITS B. RESOLUTION N0. 66-89 - PETITIONING THE LEAGUE OF CA CITIES FOR THE INTRODUCTION OF STATE LEGISLATION TO REQUIRE THE CALIFORNIA DEPT. OF TRANSPORTATION TO 2 PROVIDE CERTAIN MINIMUM PARTICIPATION FOR THE COSTS OF STATE HIGHWAY INTERCHANGES 10. AWARD LAND APPRAISAL CONTRACT TO DENNIS GREENE, M.A.I. (Formerly awarded to Robert Harrison, M.A.I . ) 11. AUTHORIZATION TO PURCHASE (3) POLICE CARS AS PER F.Y. 1989- 90 BUDGET 12. RESOLUTION NO. 69-89 - RENEWAL OF ANNUAL CONTRACT WITH CO- OPERATIVE PERSONNEL SERVICES B. HEARINGS/APPEARANCES : 1. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 7100 CRISTOBAL (Mayhew - Digger Pine) 2. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 9210 LAS LOMAS (Brown - Digger Pine) C. REGULAR BUSINESS 1. RESPONSE TO GEORGE HIGHLAND' S QUESTIONS OF 8/22/89 RE: THE HIRING OF A CITY FORESTER/ARBORIST 2. STATUS REPORT ON CERTIFICATES OF PARTICIPATION FINANCING- IMPLEMENTATION ( Finance Committee) 3 . GROWTH MANAGEMENT COMMITTEE: A. RESOLUTION NO. 67-89 - CONCERNING THE IMPACT OF THE PROPOSED S.L.O. COUNTY GROWTH MANAGEMENT SYSTEM ON THE CITY OF ATASCADERO B. FISCAL ANALYSIS STUDY/PLANNING MODEL 4 . AWARD BIDS FOR SAN ANDRES STORM SEWER PROJECT (Results ver- bal) 5. RESOLUTION NO. 62-89 - REDUCTION OF SPEED LIMIT ON A PORTION OF SANTA LUCIA AVENUE 6. STATUS ON AIR POLLUTION POLICY - MOTOR VEHICLE INSPECTION PROGRAM 7 . DOWNTOWN PARKING LOT AGREEMENTS (3) (City of Atascadero w/ : B. I .A./J. Stinchfield/D. Smith) (Cont' d from 8/22/89) 8. ATASCADERO LAKE PAVILION REPLACEMENT - STEERING COMMITTEE SELECTION 3 D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: A. Committee Reports (The following represents ad hoc or standing commitees. Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S .L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee (See Items A-7 , 8 & C-5) 5 . Solid/Hazardous Waste Mgmt. Committee (Report in agenda packet) 6 . Recycling Committee (Report in agenda packet) 7 . Economic Opportunity Commission (Verbal report) 8 . Finance Committee (See Item C-2) 9 . B.I .A. ( See Item C-7 ) 10 . Downtown Steering Committee (H. Engen - Verbal) 11 . Interim Growth Management Committee (See Item C-3 ) 12 . General Plan Subcommittee (H. Engen - Verbal) 2. City Attorney 3. City Clerk 4. City Treasurer 5 . City Manager ** NOTE : COUNCIL WILL ADJOURN TO A CLOSED SESSION ON WEDNESDAY, SEPTEMBER 13, 1989 AT 3:00 P.M. IN THE CITY MANAGER'S OFFICE, ROOM 207, FOR DISCUSSION CONCERNING EMPLOYEE SALARIES AND BENEFITS PURSUANT TO GOVERNMENT CODE SECTION 54957.6. 4 * NOTE: THE COUNCIL WILL MEET IN OPEN SESSION COMMENCING AT 6:00 P.M. FOR THE PURPOSE OF RECEIVING THE FINAL CON- STRUCTION DOCUMENTS FOR THE POLICE FACILITY, FOLLOWED BY AUTHORIZING BID OF THE PROJECT. A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM AUGUST 22, 1989 7:00 P.M. 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 Comment: - Certificate of Recognition to Richard Perce, Rotary Inter- national Exchange Student to Curitaba, Brazil 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 & staff. * Any person desiring to submit written statements to the Council may do so by forwarding nine (9 ) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. AUGUST 8, 1989 CITY COUNCIL MINUTES 2. AUGUST 11, 1989 SPECIAL COUNCIL MINUTES 3. TENTATIVE PARCEL MAP 12-89, 10785 EL CAMINO REAL - Subdivi- sion of one parcel containing approx. 10 .0 ac. into four lots : Lots 1 & 2 will contain 2 .0 ac. , Lot 3 will contain 1 .0 ac. and Lot 4 will contain 5 .0 ac . (Columbo/Lewis ) 4. REQUEST BY PETERSON DEVELOPMENT COMPANY (STEVE DEVENCENZI) FOR A ONE YEAR TIME EXTENSION OF TENTATIVE PARCEL MAP 13-87, 8519 EL DORADO ROAD 5. APPROVE ANNUAL AGREEMENT WITH S.L.O. COUNTY VISITOR'S & CONFERENCE BUREAU 6. APPROVE CONTRACT WITH BECKER & BELL, INC. , TO CREATE, REVIEW AND REVISE THE ATASCADERO CITY PERSONNEL RULES & REGULATIONS 7 . AWARD FOR APPRAISAL OF PROPERTIES LOCATED ALONG MORRO ROAD AND ATASCADERO LAKE TO ROBERT H. HARRISON, M.A.I. B. HEARINGS/APPEARANCES : 1. CONSIDERATION OF APPEAL BY LARRY VON DOLLEN OF PLANNING COMMISSION' S REQUIREMENT FOR AN OPEN SPACE EASEMENT ON TPM 3-89, 4200 OBISPO ROAD (Volbrecht Surveys) 2 •�r 2. CONSIDERATION OF EXTENSION OF ORDINANCE NO. 196, WHICH CRE- ATED, ON AN URGENCY BASIS, A COMMERCIAL RETAIL-DOWNTOWN ZONING DISTRICT (Requires a 4/5 vote of Council) : A. ORDINANCE NO. 197 - An urgency ordinance of the City of Atascadero amending Title 9 Zoning Regulations by ex- tending ordinance No. 196 for 22 months and 15 days (FIRST & FINAL READING: Recommend (1) motion to waive reading of ordinance in full and approve by title only - Voice vote; (2) motion to approve Urgency Ord. No. 197 on first & final reading - Roll call) C. REGULAR BUSINESS: 1. DOWNTOWN PARKING LOT AGREEMENTS (3) (City of Atascadero w/: B. I .R./J. Stinchfield/D. Smith) 2. RESOLUTION NO. 59-89 - PROPOSED POLICY FOR ROADWAY CON- STRUCTION WITHIN COLONY ROAD ALIGNMENTS/TREE PRESERVATION CONFLICTS 3 . AGREEMENT WITH RECREATION SYSTEMS, INC. , ARCHITECT FOR THE ATASCADERO LAKE PAVILION PROJECT D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : A. Direct staff to develop a formal procedure for inter- viewing and selecting members of City Boards and Commissions (Mayor Dexter) B. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Verbal report) 3 . S.L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee (Report in agenda packet) 5 . Solid/Hazardous Waste Mgmt. Committee (Nothing to report) 6 . Recycling Committee (Report in agenda packet) 7 . Economic Opportunity Commission (Nothing to re- port) 8 . Finance Committee (Nothing to report) 9 . B.I.A. (See Item C-1) 10 . Downtown Steering Committee (H. Engen - Verbal ) 3 11 . Interim Growth Management Committee (H. Engen- Verbal) 12 . General Plan Subcommittee (H. Engen - Verbal) 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager ** NOTE: COUNCIL WILL ADJOURN TO A CLOSED SESSION ON WEDNESDAY, AUGUST 23, 1989 AT 3:00 P.M. IN ROOM 304 FOR THE PUR- POSE OF DISCUSSION CONCERNING EMPLOYEE SALARIES AND BENEFITS PURSUANT TO GOVERNMENT CODE SECTION 54957.6. 4 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM AUGUST 8, 1989 7:00 P.M. RULES OF PUBLIC PARTICIPATION: * Members of the audience mayspeak 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 Comment 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 & staff. * Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 : 00 p.m. on ,the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. JULY 25 1989 CITY COUNCIL MINUTES 2. S.L.O. AREA COORDINATING COUNCIL JOINT POWERS AGREEMENT 3. RESOLUTION NO. 60-89 - DESIGNATING A STOP INTERSECTION ON ALAMO AVE AT BARRENDA AVE. 4. RESOLUTION NO. 61-89 - REDUCTION OF SPEED LIMIT ON SAN ANDRES AVE BETWEEN SANTA LUCIA RD. AND SANTA YNEZ AVE. 5 . APPLICATION TO PRESENT A LATE CLAIM - VIDA RICIOLI (Recom- mend Denial) 6. CERTIFICATE OF ACCEPTANCE - ATASCADERO LAKE OZONATION PROD- ECT B. REGULAR BUSINESS 1. RESOLUTION NO. 58-89 - DESIGNATING PINE MOUNTAIN STADIUM AS A HISTORIC SITE AND ENDORSING EFFORTS TO PURCHASE SAME 2. ATASCADERO LAKE/PAVILION MASTER PLAN - PROPOSED AD HOC COM- MITTEE 3. POLICE FACILITY STATUS AND PRESENTATION OF FINAL PLANS August 22, 6 :00 p.m. 4. SET CLOSED SESSION FOR EMPLOYEE NEGOTIATIONS (Mid-Manage- ment/Professional Employees) C. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council: A. Committee Reports (The following represents ad hoc or standing commitees. Informative status reports will be given, as felt necessary. ): 2 1. City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S.L.O. Area Coordinating Council (See Item A-2) 4 . Traffic Committee (See Items A-3 & 4) 5 . Solid/Hazardous Waste Mgmt. Committee (Verbal Re- port) 6 . Economic Opportunity Commission (Nothing to re- port) 7 . Finance Committee (Nothing to report) 8. B.I .A. (Nothing to report) 9 . Downtown Steering Committee (Nothing to report) 10. Interim Growth Management Committee (Henry Engen- Verbal) 2. City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager ** NOTE: COUNCIL WILL ADJOURN TO FRIDAY, AUGUST 11, 1989 AT 2:00 P.M. IN ROOM 304 FOR THE PURPOSE OF INTERVIEWING :APPLI- CANTS TO A VACANCY ON THE CITY PLANNINGCOMMISSION. 3 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM JULY 25, 1989 7:00 P.M. 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 Comment 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 & staff. * Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. JULY 11, 1989 CITY COUNCIL MINUTES 2. FINANCE DIRECTOR'S REPORT - JUNE 1989 3. CITY TREASURER'S REPORT - JUNE 1989 4. TENTATIVE PARCEL MAP 21-88, 8400 ATASCADERO AVE. (Watson/ Cuesta Engineering) 5. TENTATIVE PARCEL MAP 08-87, 8660/8700 COROMAR (Silverstein/ Barbieri / Volbrecht Surveys) 6. FINAL TRACT MAP 8-88, 9180 SANTA LUCIA RD. (Key/Morris Cuesta Engineering) B. HEARINGS/APPEARANCES: 1. CONSIDERATION OF A REQUEST TO REMOVE A HERITAGE TREE, 5405 OLMEDA (Pearson) 2. APPEAL BY THOMAS McNAMARA OF PLANNING COMMISSION DENIAL OF THE PROPOSED DIVISION OF A 7.0 AC. LOT INTO FOUR LOTS RANG- ING' FROM 1.55 TO 2.20 AC. IN AN RSF-Z ZONE AT 7000 SAN PALO (Tentative Parcel Map 7-89) (Cont'd from 7/11/89) 3. RESOLUTION NO. 54-89 CONFIRMING THE COSTS OF WEED ABATE- MENT ** BREAK ** 4. CONSIDERATION OF PLANNING COMMISSION'S RECOMMENDATION FOR THE CITY COUNCIL TO ADOPT--ON AN URGENCY BASIS FOLLOWING PUBLIC HEARING--A CR-D COMMERCIAL RETAIL-DOWNTOWN ZONING DISTRICT (Requires a 4/5 vote of Council) (.Cont'd from 7/11/89) 2 C. REGULAR BUSINESS: 1. CONSIDERATION OF AMENDMENT TO CITY ATTORNEY'S CONTRACT (Verbal) 2. RESOLUTION NO. 55-89 - ADOPTING THE FY1989-90 PROPOSITION 4 SPENDING LIMIT 3. RESOLUTION NO. 56-89 - ADOPTING THE FY1989-90 BUDGET AND APPROPRIATING FUNDS THEREOF 4. AWARD SANTA ROSA/EL CAMINO REAL SIGNAL BID & AUTHORIZE CON- TRACT . 5. SELECTION OF ARCHITECT - ATASCADERO LAKE PAVILION 6. SELECT DATE FOR INTERVIEW OF APPLICANTS TO PLANNING COMMIS- SION VACANCY D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S.L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee (Nothing to report) 5 . Solid/Hazardous Waste Mgmt. Committee(Nothing to report) 6 . Economic Opportunity Commission (Nothing to re- port) 7 . Finance Committee (Nothing to report) 8. B.I.A. (Nothing to report) 9 . Downtown Steering Committee (Nothing to report) B. Request to consider adoption of a Growth Control Ordi- nance (Borgeson) - 2. City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager 3 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM JULY 11, 1989 7:00 P.M. 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 Comment: - Certificate of Appreciation to CYA Workers for Creek Cleanup 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 & staff. * Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. JUNE 27, 1989 CITY COUNCIL MINUTES 2. RESOLUTION NO. 42-89 - SUPPORTING JULY 1989 AS PARRS & REC- REATION MONTH 3. PROPOSED TIME EXTENSION FOR TENTATIVE PARCEL MAP 12-87, 5192 PORTOLA RD. (Janis/Twin Cities Engineering) 4. STATUS REPORT ON DOWNTOWN MASTER PLAN/PROPOSED SIGNAGE FOR "CLASSIC AUTO DEALERS & MUSEUMS" B. HEARINGS/APPEARANCES: 1. TENTATIVE PARCEL MAP 4-89, 7445 CORTEZ AVE. - PROPOSED SUB- DIVISION OF 8.26 AC. INTO FOUR LOTS, WITH THREE LOTS AT 1.5 AC. EACH AND ONE LOT AT 3.76 AC. (Larson/Cuesta Engineering) (Cont'd from 6/27/89) 2. HERITAGE TREE REMOVAL REQUEST FOR THE CONSTRUCTION OF EN- CHANTO RD. (Barnes) (Cont'd from 6/27/89) 3. APPEAL BY DON & JOYCE KLINE OF PLANNING COMMISSION APPROVAL OF C.U.P. 3-89 AUTHORIZING ESTABLISHMENT OF A CHURCH IN AN RS ZONE AT 5400 SAN ANSELMO *** BREAK *** 4. APPEAL BY THOMAS McNAMARA OF PLANNING COMMISSION DENIAL OF THE PROPOSED DIVISION OF A 7.0 AC. LOT INTO FOUR LOTS RANG- ING FROM 1.55 TO 2.20 AC. IN AN RSF-Z ZONE AT 7000 SAN PALO (Tentative Parcel Map 7-89) 2 5. CONSIDERATION OF PLANNING COMMISSION' S RECOMMENDATION FOR THE CITY COUNCIL TO ADOPT--ON AN URGENCY BASIS FOLLOWING PUBLIC HEARING--A CR-D COMMERCIAL RETAIL-DOWNTOWN ZONING DISTRICT (Requires a 4/5 vote of Council) C. REGULAR BUSINESS: 1. SET MEETING DATE FOR CLOSED SESSION FOR INSTRUCTIONS TO STAFF AND NEGOTIATOR ON BARGAINING POSITION RE: SALARY STUDY (Negotiator suggests 3 :00 p.m. , July 19, 20 & 21) (Cont' d from 6/27/89) D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council: A. Committee Reports (The following represents ad hoc or standing commitees. Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S.L.O. Area Coordinating Council (Verbal report) 4 . Traffic Committee (Nothing to report) 5 . Solid/Hazardous Waste Mgmt. Committee (Verbal re- port) 6 . Economic Opportunity Commission (Nothing to re- port) 7 . Finance Committee (Nothing to report) 8 . B.I.A. (Nothing to report) 9 . Downtown Steering Committee (See Item A-4) 2. City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager * COUNCIL WILL ADJOURN TO WEDNESDAY, JULY 12, 1989, AT 3 :00 P.M. IN THE FOURTH FLOOR CLUB ROOM FOR DISCUSSION OF DEPART- MENT OPERATING BUDGETS. 3 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM JUNE 27, 1989 7 :00 P.M. 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 Comment: - Certificate of Appreciation to CYA Workers for Creek Cleanup - City Council Reorganization: A. Selection of Mayor B. Mayor Pro Tem Consideration 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 & staff. Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 : 00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: ` All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. JUNE 13, 1989 CITY COUNCIL MINUTES 2. CITY TREASURER' S REPORT - MAY 1989 3 . CITY FINANCE DIRECTOR'S REPORT MAY 1989 4 . RESOLUTION No. 44-89 - ADOPTING STANDARDS OF BEHAVIOR FOR COUNCIL AS THE POLICY-MAKING TEAM OF THE CITY OF ATASCADERO 5 . ACCEPTANCE OF FINAL PARCEL MAP 16-88,, 12405 SANTA ANA RD. (First Nationwide Network Mortgage/Volbrecht Surveys) 5 . TENTATIVE PARCEL MAP 4-89, 7445 CORTEZ AVE. (Larson/Cuesta Engineering) 7 AUTHORIZATION FOR STOP SIGNS AT "T" INTERSECTION OF CAYUCOS AND VALDEZ AVENUES: A. Resolution No. 45-89 - Designating a stop intersection on Cayucos Ave. at Valdez Ave. B. Resolution No. 53-89 Designating a stop intersection on Valdez Ave. at Cayucos Ave. 8. RESOLUTION NO. 51-89 - ESTABLISHMENT OF A BUS LOADING ZONE AT 5570 Eh CAMINO REAL 9. RESOLUTION NO. 50-89 -- ACCEPTANCE OF THE STREETS IMPROVED BY ASSESSMENT DISTRICT NO. 5 - CHANDLER RANCH 10. RESOLUTION No. 47-89 PLACING ANNUAL ASSESSMENT CHARGES FOR ASSESSMENT DISTRICT No 3 ON THE PROPERTY TAXES FOR FY89/90 2 d 11 . RESOLUTION NO. 49-89 - PLACING ANNUAL ASSESSMENT CHARGES FOR ASSESSMENT DISTRICT NO. 4 ON THE PROPERTY TAXES FOR FY89/90 12. RESOLUTION NO. 48-89 - PLACING ANNUAL ASSESSMENT CHARGES FOR ASSESSMENT DISTRICT NO. 5 ON THE PROPERTY TAXES FOR FY89/90 13. REQUEST FROM AT&T FOR EASEMENT ACROSS CREEK RESERVATION 14 . AFFIRM HEARING DATES FOR BUDGET REVIEW (Cont'd from 6/13/89) 15 . RESOLUTION NO. 52-89 - APPROVING INTERIM BUDGETS FOR FY89/90 B. HEARINGS/APPEARANCES : 1. HERITAGE TREE REMOVAL REQUEST FOR THE CONSTRUCTION OF EN- CHANTO RD. AND A PORTION OF CORRIENTE RD (Barnes) 2 . HERITAGE TREE REMOVAL REQUEST, 4750 DOLORES AVE. (Deering) 3 . RESOLUTION NO. 46-89 - ADOPTING RTAS. SANITATION DISTRICT SERVICE CHARGES TO BE ADDED TO THE 1989-90 PROPERTY TAX BILL xriir�r BREAKix C. REGULAR BUSINESS : 1. PROPOSED ORDINANCE PROHIBITING THE CONSUMPTION/POSSESSION OF ALCOHOLIC BEVERAGES IN CITY PARKS 2 . 10TH ANNIVERSARY CELEBRATION 3 . RESOLUTION NO. 43-89 - ADOPTING COUNCIL POLICY RELATING TO PROPOSED DEVELOPMENT PROJECTS REVIEW 4 . SET MEETING DATE FOR CLOSED SESSION RE: GUIDELINES FOR WAGE AND CLASSIFICATION STUDY IMPLEMENTATION (Verbal) D. INDIVIDUAL DETERMINATION AND/OR ACTION 1 . City Council: A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports Will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 North Coastal Transit (Nothing to report) 3 . S .L.O. Area Coordinating Council (Nothing to report) 3 4 . Traffic Committee (Nothing to report) 5 . Solid/Hazardous Waste Mgmt. Committee (Nothing to report) 6 . Economic Opportunity Commission (See report in agenda packet) 7 . Finance Committee (Nothing to report) 8 . B.I.A. (Nothing to report) - 9 . Downtown Steering Committee (Nothing to report) Z . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager 4 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM JUNE 13, 1989 7 :00 P.M. 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 Comment 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 & staff . * Any person desiring to submit written statements to the Council may do so by forwarding nine (9 ) copies to the City Clerk by 5 : 00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. MAY 23, 1989 CITY COUNCIL MINUTES 2. MAY 30, 1989 SPECIAL COUNCIL MEETING MINUTES 3. AUTHORIZATION FOR JUNE 17, 1989, POLICE DEPARTMENT AUCTION OF UNCLAIMED PROPERTY 4. RESOLUTION NO. 41-89 - ANNEXATION OF LOT 6, BLOCK FA, DUL ZURA AVE. INTO SEWER MAINTENANCE DISTRICT NO. 1 (Nicholas) 5. ADOPTION OF ANNUAL ASSESSMENT CHARGES FOR STREET MAINTENANCE DISTRICTS: A. Resolution No. 33-89 (Dist. 83-1, Lobos Ln. ) B. Resolution No. 34-89 (Dist. 83-2, Sonora/Pinal) C. Resolution No. 35-89 (Dist. 83-3, Malaza Ave. ) D. Resolution No. 36-89 (Dist. 84-1, San Fernando) E. Resolution No. 37-89 (Dist. 86-1, Falda Ave. ) F. Resolution No. 38-89 (Dist. 86-2, Pinal/Escarpa Aves . ) G. Resolution No. 39-89 (Dist. 86-3, Aguila Ave. ) H. Resolution No. 40-89 (Dist. 86-4, Cayucos Ave. ) B. HEARINGS/APPEARANCES : 1. APPEAL OF GRADING PERMIT INVESTIGATION FEE - TENTATIVE TRACT MAP NO. 37-87, 8430 SANTA ROSA ROAD (Messer) (Cont' d from 5/23/89) 2. APPEAL BY HARKNESS/SINGER OF PLANNING COMMISSION'S DENIAL OF VARIANCE REQUEST, 5405 BAJADA AVE. 3. RESOLUTION NO. 27-89 - CENTURY PLAZA SEWER EASEMENT ABANDON- MENT *** BREAK *** 2 C. REGULAR BUSINESS : 1. REQUEST FOR CHANGE TO THE ZONING ORDINANCE TEXT TO ADD "CLASSIC AUTO DEALERS & MUSEUMS" AS A PERMITTED FREEWAY SIGN (American Classics) (Cont' d from 5/23/89) 2. ZONE CHANGE 17-88 - Danish Care Center (Cont'd from 4/25/89 & 5/23/89) A. Ordinance No. 194 - Amending the official Zoning Ordi- nance text regarding maximum population density allowed for group quarters (ZC 17-88 : Danish Care Center) ( 2ND READING: Recommend ( 1) motion for adoption of Ord. No. 194 - Roll call) 3. CONSIDERATION OF PLANNING COMMISSION' S RECOMMENDATION RE: GENERAL PLAN CYCLE 2-89 4. ESTABLISHMENT OF CHARLES PADDOCK ZOO ENTRANCE FEES FOR SEVEN DAYS PER WEEK DURING SUMMER MONTHS 5 . ESTABLISH HEARING DATES FOR BUDGET REVIEW 6 . RECYCLING COMMITTEE SELECTION 7. SAN GABRIEL SCHOOL TRAFFIC MEETING REPORT (Verbal) 8. CITY'S TEN-YEAR ANNIVERSARY (Verbal) D. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . City Council: A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (See 5/24 Minutes in agenda packet) 2 . North Coastal Transit (Nothing to report) 3 . S.L.O. Area Coordinating Council (Nothing to re- port) 4 . Traffic Committee (Nothing to report) 5 . Solid/Hazardous Waste Mgmt. Committee (See report in agenda packet) 6 . Economic Opportunity Commission (Nothing to re- port) 7 . Finance Committee (Nothing to report) 8 . B. I.A. (Nothing to report) 9. Downtown Steering Committee (Nothing to report) 3 • • , . B. (1) Direct City Clerk to recruit for applicants to fill Planning Commission vacancy created by resignation of Mike Tobey, and (2) direct staff to schedule appropri- ate recognition of service. C. Status of Parks & Recreation Commission vacancy 2 . City Attorney 3 . City Clerk 4. City Treasurer 5 . City Manager COUNCIL WILL ADJOURN TO A CLOSED SESSION AT 1 :00 P.M. ON WEDNESDAY, JUNE 14 , 1989 , IN THE CLUB ROOM TO MEET WITH THE SALARY CLASSIFICATION & COMPENSATION CONSULTANT.. 4 A G E N D A CITY COUNCIL Special Meeting Tuesday, May 30, 1989 3 : 00 p.m. City Manager' s Office Rm. 207 Call to order Roll Call 1. ACCEPTANCE OF FINAL TRACT MAP 42-87, 6875 TECORIDA (Wood- glen Development/Cuesta Engineering) (Cont' d from 5/23/89) Adjournment .1k A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM MAY 23, 1989 7 :00 P.M. 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 Comment * Commendation to Citizen Karl Taborski * Proclamations (3) : - "Kiwanis Club Week" , May 21-27, 1989 - "Public Works Week" , May 21-27, 1989 - "National Flag Day", June 14, 1989 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 & staff . * Any person desiring to submit written statements to the Council may do so by forwarding nine (9 ) copies to the City Clerk by 5 : 00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1 . MAY 9, 1989 CITY COUNCIL MINUTES 2 . FINANCE DIRECTOR' S, REPORT - APRIL, 1989 3 . CITY TREASURER'S REPORT - APRIL, 1989 4. CLAIM OF JIMMY WOODALL (Recommend Denial) 5 . AWARD BID FOR WEED ABATEMENT SERVICES TO YOUNG BROTHERS CONSTRUCTION CO. 6 . RESOLUTION NO. 32-89 - APPROVING VARIOUS YEAR-END BUDGET ADJUSTMENTS 7 . RESOLUTION NO. 31-89 AUTHORIZING FINGERPRINTING FOR EM- PLOYMENT, LICENSING AND CERTIFICATION 8. AMENDED CONTRACT WITH BECKER & BELL FOR EMPLOYEE RELATIONS SERVICES 9. CONTRACT WITH G.A. LASTER, ATTORNEY, FOR BOND COUNSEL SER- VICES 10. ACCEPTANCE OF FINAL PARCEL MAP 14-88, 5050 PORTOLA ROAD (Davin/Cuesta Engineering) 11. ACCEPTANCE OF FINAL TRACT MAP 42-87, 6760 EL CAMINO REAL (Woodglen Development, Ltd. /Cuesta Engineering) B. HEARINGS/APPEARANCES : 1. APPEAL OF GRADING PERMIT INVESTIGATION FEE - TENTATIVE TRACT NO. 37-87 , 8430 SANTA ROSA ROAD (Messer) 2 2 . ZONE CHANGE 17-88 - Danish Care Center (Cont' d from 4/25/89 ) A. Ordinance No . 194 - Amending the official Zoning Ordi- nance text regarding maximum population density allowed for group quarters ( ZC 17-88 : Danish Care Center) ( 1ST READING: Recommend ( 1 ) motion to waive reading of ordinance in full and approve by title only - Voice vote; (2) motion to approve Ord. No. 194 on first read- ing - Roll call) 3 . WEED ABATEMENT PUBLIC HEARING *** BREAK *** C. REGULAR BUSINESS : 1. REQUEST FOR CHANGE TO THE ZONING ORDINANCE TEXT TO ADD "CLASSIC AUTO DEALERS & MUSEUMS" AS A PERMITTED FREEWAY SIGN (American Classics) 2. PROPOSED SKATEBOARD ORDINANCE 3. FEMA - REQUEST FOR COUNCIL REPRESENTATIVE APPOINTMENT 4 . HOUSEHOLD HAZARDOUS WASTES - PROGRAM COST DISTRIBUTION 5 . MARCHANT WAY SEWER LATERALS TO UNCONNECTED PARCELS 6. SET DATE FOR PAVILION ARCHITECT INTERVIEWS (Verbal) 7 . SET DATE FOR MEETING WITH CLASSIFICATION & COMPENSATION CONSULTANT (Verbal) D. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . City Council : A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S.L.O. Area Coordinating Council (See report in agenda packet) 4 . Traffic Committee (Nothing to report) 5 . Solid/Hazardous Waste Mgmt. Committee (See Item C-5 ) 3 6 . Economic Opportunity Commission (Nothing to re- port 7 . Finance Committee (Nothing to report) 8 . Business Improvement Association (Nothing to re- port) 9 . Downtown Steering Committee (Verbal report) 2 . City Attorney: A. Request closed session for matters of personnel O 3 . City Clerk 4 . City Treasurer 5 . City Manager ( *) ADJOURNMENT 4 i .1 v � AGEN1) ATASCAD RQ CITE* COUNCZL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR# ROTUNbA ROOM MAY 91 119.69 \ 7 :00 P'.M. RULES OF PUBLIC FAUXCIPATION: Members of the, audience may speak on` any item ren, theagenda. A person May speak—for five C . minutes * No one may speak" fora second" time until everyone, wrishing to speak has ,load an opportuhity to do so. No one may. speak yore than twice ,cant artyit . * ' Council kiobers ,may question anyspea er; the s e " er,.May respond, but, ,after the allotted time has expired, May ,nPt., initiate further discussion. The floor will then be close to public partici pati a1�d open 'for CoUnoil discussion. Call' to order " Pledge of Allegiance Roll Call City Council Comment k .. r OMM ITY, 1 i.�itux: The City Council values and, encourages exchange of •ideas and comments from you, the citizen. The :public Comment Period ,is provided, to receive, comments from- the public on matte're other than ,stheduled agenda items. To increase the effectiveness ,,,of Community Forum, the following' rules will. "be ,onforcedk . A maximum of 3d minute$ will be allowed for Co unity meas Council authorizes an •extenaioxt. All remar s shah 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, ions e staff. , Any person ',desiring ' to submit w r1tten statements-- to Council ,may do so by forwarding nine (3) .copies to the, City clerk by ;5:00 p•,m, con the; Wednesday,:preceding ;the council , Meeting., , , A. CONSENT" CALENDAR All matters listed user Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form h listed below. There' will be no separate discussion an j obese items .-' A member of the Council or public may, by request, -have any item removed from the Consent Calendar, which shall then, be revie +ed' and acted upon separately *fter'the .adoption of the on- sent Calendar. 1. APRIL` 25, `198W CIT' ` COUNCIL MINUTES 2. APRIL 1.3, 1989- JOINT CITY CCQNCXL/PLANNING COMMISSION/PARKS & RECREATION, COMMISSIOWMINUTES' 3 E�-LVTION No. 30-►89' - AMMORIZING d3TA1►LATZQN CSF A 60TOP SIGN CSN CASCADA (,RL CENTRO) AT ARCS: l < 4. RESOLUTIONNO. 29'89 '•» .AuVHCSRIEING INSTALLATION OF A STOP SfW CN C-A,RS A AT Y` FICO ; 5. RES6LUT1rm NO.' 28-89 - AUTHORIZING INSTALLATION OF A STOP SIGN 'CSN VE AT ; ILLA 6 ACCEPTANCE OF FINAL TRACT M", 19-88 5,900 Bajada Avenin: (Low/Guests Engineering) ? TIMS-'EXTENSION FOR TNNTATIVRI PARCEL, MAF 9-87 - 900O Atas- caderc Avenue 8. CAPITAL ,IMPROVEMENTS AT ATASCADERO LIBRARY 9. ASBESTOS CXANG9 ORDER AMOUNT - CITY HALL RVNOVATION PROJECT 10. ESTARLXSHMEXT Or A RECYCLING COMMITTEE 11. RXQUZST FOR. PROPOSALS-- PAL6MA CREEK FARE CONCESSION/1 B HBARINGB jAPPEARAI+tCES 1. HERITAGE TREE REAL REQUEST - 78001 Balboa Road (Cont d' from 4/25/89) 2 FLOOD HAZARD PREVENTION ORDINANCE (City of Atascadero) A. ordinance No. 1 3 - Adding Chapter 5 to Article 7 of t e city o Atascadero 'Municipal Cade relating to flood damage prevention ( 2N}1 READING. Recommend ' motion for " adoption 'of Ord. No. 193 - Roll call) (Cont'd from '4/25/89) 2 fi 3. RESOLUTION 26-89 CENTURY PLAZA SEWER 'ABANDOWMENT Set Pu ic-, Hearing *** ,BREAK *�r* C. REGULAR BUSINESS 1. SELECTION OF A MANAGING UNDERWRITER FOR LONG-TERM FINANCING 2. SLOACC - REGIONAL TRANSIT AUTHORITY DISCUSSION 3. PROPOSAL TO DONATE A BRONZE SCULPTURE TO ATASCADZRO .LAXEj CHARLES PADDOCK ZOO BY SUSAN BEATIF 4. FEASIBILITY of ATASCADERO LAKE BOAT CONCESSION D. INDIVIDUAL DETERMIZ+UTION/AND OR ACTION: s,. City council: A. Committee Reports (The following represents ad hoc or standing c©mmitees. Informative status reports will be given, ,as felt necessary. ) : 1 . City/School 'Commttee ,(Nothing to report) 2 . North Coastal Transit (Nothing to report) 3. S.L.O. Area Coordinating Council (See Item C-2) 4 . Traffic Committee (Report in agenda packet) 5. Solid/Razardous haste Mgmt., Committee (Report in agenda packet) 6 . Economic opportunity , Commission (Nothing ,' to, re- port) 7 . . Finance Committee (See ltem. 0-1) S . Business improvement Association (Nothing to report) ` 9. Downtown Steering Committee (verbal report) B. Signage re: Location ` of ' Churches/Schools ` (Mayor Bor- " gestin - verbal) '2. City ;Attorney 3. City Clerk 4 . City Treasurer 5. City Manager 3 A G E N D A CITY COUNCIL PLANNING COMMISSION ' PARKS & RECREATION COMMISSION Joint Meeting Thursday, April 13 , 1989 7 :UD p.m. 4th Floor Rotunda Room Call to Order Pledge of Allegiance Roll Call 1. PARKS & RECREATION ELEMENT OF THE GENERAL PLAN (Draft prepared by Parks & Recreation Department - Previously distributed) 2. APPEARANCE REVIEW PROCESS DISCUSSION 3. PUBLIC COMMENT 4. ADJOURNMENT A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM APRIL 11, 1989 7:00 P.M. 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 Comment: * PROCLAMATIONS: - "California Earthquake Preparedness Month" , April 1989 "National Library Week" , April 9-15, 1989 "Tri Counties Small Business Opportunities Day", April 30, 1989 COMMITTEE REPORTS: (The following represents ad hoc or standing committees . Infor- mative status reports will be given, as felt necessary. ) 1 . City/School Committee 7 . Finance Committee 2 . North Coastal Transit (Police Fac . , Lake 3 . S.L.O. Area Coordinating Acquis . & Pavilion) Council 8 . Business Improvement 4 . Traffic Committee Association 5 . Solid/Hazardous Waste Mgmt. 9 . Downtown Steering Committee Committee 6 . Economic Opportunity Commission COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Public Comment 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 or staff . * Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. MARCH 28, 1989 CITY COUNCIL MINUTES 2. RESOLUTION NO. 21-89 - ADOPTING THE S.L.O. COUNTY & INCOR- PORATED CITIES HAZARDOUS WASTE MANAGEMENT PLAN B. HEARINGS/APPEARANCES: 1. TENTATIVE PARCEL MAP 24-88 - 8005 San Gabriel Rd. (Kenney/ Stewart) : Request to subdivide two existing lots of 9 .35 ac. total into three parcels containing 2 .50, 2 . 50 and 4 .35 ac. each 2. TENTATIVE TRACT MAP 1-89 - 8625 Atascadero Ave. (Iverson/ Central Coast Engineering) : Request to subdivide 13 .9 ac. into twenty-one (21) parcels of approximately 1/2 ac. each. The request includes establishment of two new City standard roads to serve the subdivision: via Tortuga and Calle Refugio. BREAK 2 C. REGULAR BUSINESS: 1. TREE ORDINANCE REVISION: REFERRAL TO PLANNING COMMISSION (Cont'd from 3/28/89) 2. FUNDING COMMUNITY AGENCY REQUESTS 3. SENATOR ROBBINS REQUEST FOR COUNCIL LETTER OF ENDORSEMENT SB 103 D. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . City Council: A. Summary of sub-committee meetings (Mayor Borgeson) 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager: A. League of CA Cities Annual Workshop & Quarterly Meet- ing, Friday, May 5, 1989, Solvang COUNCIL WILL ADJOURN TO A JOINT MEETING WITH THE CITY' S PLANNING AND PARKS & RECREATION COMMISSIONS ON THURSDAY, APRIL 13, 1989, AT 7 :00 P.M. IN THE FOURTH FLOOR ROTUNDA ROOM FOR DISCUSSION REGARDING THE GENERAL PLAN. SAID MEETING IS OPEN TO THE PUBLIC. 3 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM FEBRUARY 28, 1989 7.00 P.M. RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item an 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 Comment * Introduction of new Public works Department employees: Jon Everett, Custodian Danny Hiilstock, Engineering Technician II David Bragg, Engineering Aide Trainee COMMITTEE REPORTS: (The following represents ad hoc or standing committees. Infor- mative status reports will be given, as felt necessary. ) 1 . City/School Committee 7 . Finance Committee 2 . North Coastal Transit (Police Fac., Lake 3 . S:L.O. Area Coordinating Acquis. & Pavilion) Council 8 . Business Improvement 4 . Traffic Committee Association 5 . Solid/Hazardous Waste Mgmt. 9 . Downtown Steering Committee Committee 6 . Economic Opportunity Commission COMMUNITY FORUM• The City Council values and encourages exchange of ideas and comments from you, the citizen. The Public Comment 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 or staff. Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 : 00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Consent Calendar. 1 . FEBRUARY 14, 1989 CITY COUNCIL MINUTES 2. CITY TREASURER'S REPORT - JANUARY 1989 3. CITY FINANCE DIRECTOR'S REPORT - JANUARY 1989 4 . APPROVAL OF PROPOSED DIAL-A-RIDE AGREEMENT WITH COMMUNITY TRANSIT SERVICES 5. APPROVAL OF PROPOSED SICK LEAVE BANK POLICY 6 . AUTHORIZATION FOR PURCHASE AND INSTALLATION OF HOME RUN FENCE ON PALOMA CREEK PARK YOUTH FIELD #3 7 . ANNUAL SPRING CITY-WIDE CLEAN-UP/BEAUTIFICATION DAY - April 22, 1989 S. REQUEST TO INITIATE CONSIDERATION OF FLOOD DAMAGE PREVENTION ORDINANCE 2 1 9. RESOLUTION NO. 15-89 - AUTHORIZING GRANT FUND APPLICATION FOR THE URBAN STREAM GRANT PROGRAM (Atascadero Creek Devel- opment Project) B. HEARINGS/APPEARANCES: 1. PRESENTATION OF FRANCHISE FEE BY FALCON CABLE CORPORATION (Verbal) 2. LAKE PAVILION DISCUSSION: RESTORATION VS. REPLACEMENT 3. GRANT REQUEST BY A.F.A.R. FOR SPAY/NEUTER PROGRAM 4. FY87-88 FINANCIAL AUDIT AND RELATED FINDINGS (Brad Hair) 5. REPORT ON HOTEL PARK PRECISE PLAN CONDITION (#17 RE: ROAD ABANDONMENT) (5805 Capistrano —Hotel Park) (Continued from 2/14/89) 6. RESOLUTION NO. 13-89 - NOTICE OF INTENT TO CONSIDER VACATING A PORTION OF SAN ANDRES AVE. RIGHT-OF-WAY AT 7005 ATASCADERO AVENUE BREAK '�** C. NEW BUSINESS: 1. REPEAL DEVELOPMENT FEE RESOLUTIONS AND ORDINANCES: A. Resolution No. 16-89 - Repealing Resolution No. ' s 64- 85 , 10-86 , 11-86 and 44-88 B. Ordinance No. 191 - Repealing Ordinance No. ' s 111 , 118 and 119 ( 1ST READING: Recommend ( 1 ) motion to waive reading of ordinance in full and approve by title only - Voice vote; ( 2) motion to approve Ord. No. 191 on first read- ing - Roll call ) 2 . RESOLUTION NO. 14-89 - AMENDING RESOLUTION NO. 33-88, EX- PANDING THE LIST OF CERTIFIED ARBORISTS AUTHORIZED TO PREPARE TREE PROTECTION PLANS IN THE CITY OF ATASCADERO 3 . REQUEST FOR COUNCIL REPRESENTATIVE AT CHAMBER BOARD MEETINGS 3 D. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 City Council 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager 4 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM FEBRUARY 14, 1989 7 :00 P.M. 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 spear: 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 Comment: Presentation of Plaque of Appreciation to outgoing Parks & Recreation Commissioner, Michael Lara Introduction of new Director of Parks & Recreation, Andrew Takata COMMITTEE REPORTS: !The following represents Ad Hoc or Standing Committees . Informative status reports will be given, as felt necessary. ) ? . City/School Committee 7 . Finance Committee 2 . North Coastal Transit ( Police Fac . , Lahe 3 . S .L.O. Area Coordinating Acquis . & Pavilion) Council S . Business Improvement 4 . Traffic Committee Association 5 . Solid/Hazardous waste Mgmt . 9 . Downtown Steering Committee Committee 6 . Economic Opportunity Commission COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Public Comment 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 or staff Any person; desiring to submit written statements to the Council may do so by forwarding nine ( 9) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceding the Council :Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent `Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these ""ems . A member cf the Council or public may, by request , have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1 . JANUARY 24, 1989 CITY COUNCIL MINUTES 2 . JANUARY 25, 1989 JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES 3 . JANUARY 31, 1989 CITY COUNCIL STUDY SESSION MINUTES 4 AWARD OF DID FOR WASTEWATER TREATMENT PLANT MEAL BUILDING AND SLAB TO NORTON CONSTRUCTION 5. AWARD OF RID FOR DIAL-A-RIDE CONTRACT TO COMMUNITY TRANSIT SERVICES 6. RESOLUTION NO. 8-89 ESTABLISHMENT OF A 4-WAY STOP INTER- SECTION, ATASCADERO AVE. @ SANTA YNEZ 7 RESOLUTION NO. ' S 9-89 & 10-89 - DESIGNATING NO PARKING ZONES ON BOTH SIDES OF NAVARETTE, FROM SAN ANDRES TO 200 ' WESTERLY 8. REQUEST FOR TIME EXTENSION ON TENTATIVE PARCEL MAP 29-86- G990 El . Camino Peal (HAWKINS) 9. ACCEPTANCE OF FINAL PARCEL MAP 34-87 - 5450 Santa Fe Road (Hill/Tartaglia-Hughes) 10. AWARD OF CONTRACT FOR CITY HALL HEATING, VENTILATING & AIR- CONDITIONING TO R.P. RICHARDS CONSTRUCTION CO. 11. CITY MANAGER ABSENCE FROM MARCH 14, 1989 COUNCIL MEETING 12. RESOLUTION NO. 11-89 - ADOPTING MID-YEAR ADJUSTMENTS TO BUD- GET APPROPRIATIONS (1988-89) 13. ADOPT FIVE YEAR CAPITAL IMPROVEMENT PLAN DATED FEB. 9, 1989 B. HEARINGS/APPEARANCES: 1 . ATASCADERO ROADS - Presentation by Michael Petersen, Counsel for Wells Fargo 2. APPEAL BY DON MESSER OF DENIAL OF GRADING PERMIT ( 5805 Capistrano - Hotel Park) (Continued from 3/24/89 ) BREAK C. UNFINISHED BUSINESS: 1. ANTI-LOITERING ORDINANCE - PROPOSAL (Cont' d from 11/8/88 & 1/:'4/89 ) A. ordinance No. 189 - Adding Chapter 6 to Title 5 of the Atascadero Municipal Code relating to loitering by minors during certain hours (2ND READING: Recommend motion for adoption of Ord. No. 189 - Roll call) 2 GENERAL PLAN AMENDMENT 1B-89/ZONE CHANGE 1-89 - 5575 Capistrano/5505 El Camino Peal/9801 West Front Road (Cont ' d from 1/24/89 ) A. Ordinance No. 187 - Amending Maps 6 & 19 of the Offi- cial Zoning Maps by rezoning certain real properties from their current designations to "P" (Public) ( ZC 1- 89 : City of Atascadero) ( _ND READING: Recommend motion for adoption of Ord. 2qc . 187 Poll call) 3. REQUEST FOR PARTIAL ABANDONMENT - SEWER EASEMENT (Century Plaza) - Resolution No. 7-89 (Cont' d from 1/10 & 1/24/89 ) 3 4. ADOPTION OF CHANGES TO ORDINANCE #'135, THE CITY'S "EMERGENCY ORGANIZATION ORDINANCE" (Cont' d from 1/24/89) A. Ordinance No. 190 Amending Chapter 4 of Title 4 of the Atascadero Municipal Code relating to Emergency Organizations and Functions (2ND READING: Recommend motion for adoption of Ord. No 190 - Roll call ) D. NEW BUSINESS 1. STATE HOSPITAL ANNEXATION E. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . City Council 2 . City Attorney 3 City Clerk 4 . City Treasurer City Manager 4 A G E N D A ATASCADERO CITY COUNCIL SPECIAL STUDY SESSION Atascadero Administration Building Fourth Floor, Club Room Tuesday, January 31, 1989 5 :00 p.m. 1. DISCUSSION AND REAFFIRMATION OF CAPITAL IMPROVEMENT PRIORITIES, THEIR FINANCING AND DIRECTION TO PROCEED 2. CONFIRM MEETING FOR MID-YEAR BUDGET UPDATE REVIEW (Thursday, February 9, 1989, 5:00 p.m. ?) ` A G E N D A JOINT CITY COUNCIL/PLANNING COMMISSION MEETING Wednesday, January 25, 1989 7:30 p.m. Rotunda Room (Fourth Floor) Administration Building Atascadero, California Call to Order Pledge of Allegiance Roll Call Public Comment A. WORKING SESSION 1. ZONE CHANGE 15-88. TREE ORDINANCE REVISIONS. Request initiated by the City Council to consider pro- posed amendments to the City' s Tree Ordinance. Adjournment ' 1 A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM JANUARY 24, 1989 7.00 P.M. RULES Ol _ 1 * Menem.. agenda. A Al* No w _ ing to spe C� :c/ � �: _- ' '�;:_ * No _ Cou, G E: G1,4..::- -� _ �'- �-- may res i y not in * The _ !ion and open for Council discussion. Call to Order _ ALL Pledge of Allegiance Roll Call City Council Comment ** Introduction of New Employees: - Danny Hillstock, Engineering Technician II (Public Works) - Gary Simms, Senior Civil Engineer (Public Works) COMMITTEE REPORTS: (The following represents Ad Hoc or Standing Committees. Informative status reports will be given, as felt necessary. ) - 1. City/School Committee 6. Economic Opportunity 2. North Coastal Transit Commission 3 . S.L.O. Area Coordinating 7 . Finance Committee Council (Police Fac. , Lake ' 4. Traffic Committee Acquis. & Pavilion) 5 . Solid/Hazardous Waste Mgmt. 8. Business Improvement Committee Association P COMMUNITY FORUM: AJ O C.O#I l 6-.- s The City Council values and encourages exchange of ideas and comments from you, the citizen. The Public Comment 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 or staff. * Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion 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 be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. JANUARY 10, 1989 CITY COUNCIL MINUTES r 2. DECEMBER 13, 1988 CITY COUNCIL MINUTES (Cont'd from 1/10/89) 3. FINANCE DEPARTMENT REPORT - DECEMBER 1988 4. CITY TREASURER'S REPORT - DECEMBER 1988 5. COUNCIL CONFIRMATION OF NEW PARKS & RECREATION DIRECTOR, ANDREW TAKATA 6. ACCEPTANCE OF FINAL TRACT MAP 820325:1 Ardilla & Balboa Roads: Lots 14-17 & 33 of Block 24 (Dovica/Central Coast Engineering) 7. ACCEPTANCE OF FINAL PARCEL. MAP 31-86 - 10955 San Marcos Rd. (Morris/Stewart) 8. ACCEPTANCE OF FINAL TRACT MAP 15-88 - 8425 Amapoa Ave. (Carr/North Coast Engineering) 2 9. RESOLUTION NO. 5-89 - FIRE ENGINE REPLACEMENT 10. NEW PROPERTY INSURANCE PROGRAMS 11. RENEWAL OF BLUE SHIELD MEDICAL, DENTAL AND LIFE INSURANCE B. HEARINGS/APPEARANCES: 1. GENERAL PLAN AMENDMENT 1B-89/ZONE CHANGE 1-89 - 5575 Capistrano/5505 E1 Camino Real/9801 West Front Road A. Resolution No. 3-89 - Approving amendments to the Land Use Map or the Land Use Element of the City' s General Plan (GP 1B-89 : City of Atascadero) (Recommend adoption) Q B. Ordinance No. 187 - Amending Maps 6 & 19 of the Offi- cial Zoning Maps by rezoning certain real properties from their current designations to "P" (Public) ( ZC 1- 89 : City of Atascadero) a�� ( 1ST READING: Recomme 4.,; �� nly - Voice nd (1) motion to waive reading of L `" "T y vote; (2)nmotionce in ftolapproveand pOrd. No.rove by t187�onofirst read- ing - Roll call) 2. GENERAL PLAN CONFORMITY REPORT 3-88 7"1j1 ' • �O + 3. APPEAL BY DON MESSER OF DENIAL OF GRADING PERMIT (5805 Capistrano - Hotel Park) (Applicant requests continuance) C. UNFINISHED BUSINESS: AV C Q 1. STORM DAMAGE CLEAN-UP S ' 2. ORDINANCE NO. 183 - AMENDING ORDINANCE NO. 119 RELATING TO o DEVELOPMENT IMPACT FEES (Cont'd from 12/13/88 & 1/10/89) (2ND READING: Recommend motion for adoption of Ord. No. Jr•+ ? 183 - Roll call) ** BREAK ** 3. ANTI-LOITERING ORDINANCE PROPOSAL (Cont'd from 11/8/88) ® A. Ordinance No. 189 - Adding Chapter 6 to Title 5 Of the Atascadero Municipal Code yelating to loitering by minors during certain hours // )Ow (1ST READING: Recommend (1) motion to waive reading ading of ordinance in full and approve by title only vote; (2) motion to approve Ord. No. 189 on first read- ing - Roll call) 3 a 4. REQUEST FOR PARTIAL ABANDONMENT - SEWER., EASEMENT (Century c;0 Plaza) (Cont' d from 1/10/89) FAD. 14M+ d DO E� - At r,�4 G o 1P00XL1_0; 1 D. NEW BUSINESS: 1. ADOPTION OF CHANGES TO ORDINANCE ##135, THE CITY' S -EMERGENCY ORGANIZATION ORDINANCE- O ----- A. Resolution No. 6-89 - ' Signature Resolution' , author- izing certain signatures on the various required applications and documents submitted to the Federal Emergency Management Agency (F.E.M.A. ) . (Recommend Adoption) B. Ordinance No. 190 - Amending Chapter 4 of Title 4 of d the Atasca ero Municipal Code relating to Emergency Organizations and Functions (1ST READING: Recommend ( 1) motion to waive reading of ordinance in full and approve by title only - Voice vote; (2) motion to approve Ord. No. 190 on first read- ing - Roll call) 2. HEATING, VENTILATING AND AIR CONDITIONING.r- CITY HALL E. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . City Council: Downtown Master Plan RFP & Steering Committee 2 . City Attorney Komm S'7 �hJ 6 CA M+r! 11'1' 3 . City Clerk 4 . City Treasurer 5. City Manager ** COUNCIL WILL ADJOURN TO)AN OPEN SESSION ON TUESDAY JANUARY 31, 1989, AT 5 :00 F.M. IN THE ROTUNDA ROOM FOR DISCUSSION OF FINANCING ALTERNATIVES FOR VARIOUS CITY PROJECTS AND DIREC- " TION TO PROCEED.: 4 J A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM JANUARY 10, 1989 7 .00 P.M. 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 Comment ** PROCLAMATION: "NATIONAL VOLUNTEER BLOOD DONOR MONTH" January 1989 COMMITTEE REPORTS: (The following represents Ad Hoc or Standing Committees . Informative status reports will be given, as felt necessary. ) 1 . City/School Committee 7 . Police Facility 2 . North Coastal Transit Committee 3 . S .L.O. Area Coordinating 8 . Atas . Lake Acquisition Council Committee 4 . Traffic Committee 9 . Business Improvement 5 . Solid/Hazardous Waste Mgmt. Assoc . Committee 10 . Pavilion Committee 6 . Economic Opportunity Commission 11 . 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LETTER CONFIRMING COUNCILMEMBER MACKEY'S CONTINUING TO SERVE ON COUNTY SOLID WASTE COMMITTEE & APPOINTMENT TO COUNTY HAZARDOUS WASTE COMMITTEE 12. ABSENCE OF COUNCILMEMBER DEXTER ON MAY 23, 1989 B. HEARINGS/APPEARANCES: 1. ORDINANCE NO. 184 - ZONE CHANGE 14-88, CLARIFYING THE 1/2 ACRE MINIMUM LOT SIZE STANDARD FOR LSF-X AND RSF-X SINGLE FAMILY RESIDENTIAL DISTRICTS ( Second & final reading, by title only) (Cont' d from 12/13/88) 2. ORDINANCE NO. 183 - AMENDING ORDINANCE NO. 119 RELATING TO DEVELOPMENT IMPACT FEES ( Second & final reading, by title only) (Cont' d from 12/13/88) 3. RESOLUTION NO. 1-89 - GENERAL PLAN AMENDMENT 1A-89, 10785 Sr 10857 EL CAMINO REAL - REQUEST AMENDMENT OF THE LAND USE MAP OF THE GENERAL PLAN TO EXPAND THE URBAN SERVICES LINE (Estate of Maria Colombo/Glen Lewis) 4 . TREE REMOVAL REQUEST: 9582 LAUREL ROAD (Precise Plan 40-88) BREAK C. UNFINISHED BUSINESS : 1. DOWNTOWN MASTER PLAN AND TASK FORCE ( see Item D-5) D. NEW BUSINESS: 1. ABANDON EASEMENT - CENTURY PLAZA 2. REQUEST FOR INITIATION OF ZONING ORDINANCE TEXT AMENDMENT- DANISH CARE CENTER 3. APPROVAL OF PROPOSED CRITERIUM BICYCLE RACE - MAY 7, 1989 4 . SEPTIC FAILURE, 5201 JUAREZ - REQUEST FOR RELIEF (Carrick) 5 . STATUS REPORT OF VARIOUS PROJECTS AND REQUEST FOR STUDY SESSIONS 3 fi '107 JNIXHVd NMOZNMOa 30 NOIIISIl1bDV 3gUISSOd 30 NOISSf1DSIa 2103 NOISS3S a3S0'IO v OZ Nufiorciv aaim 'IIONl100 buTouPuTJ PUP uoTgaz -TgTaoiad qoa Coad :9j uoTssas Apngs .ao; gsanbaH •2 :.zabeuaW d�To ` S jainspeal AlTo NiaTo AgTo ' Aaujoggv dgTO ' Z ITounoo AgTO ' t NOIZOV HO aNV/NOiivKimaL3a uvfialAIQNI •3