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HomeMy WebLinkAboutAgenda Packet 09/12/1995 i " PUBLIC REVIEW COPY Muss da rrat mouse from counter AGENDA ATASCADERO CiTY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6540 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM Tuesday, September 12, 1995 i, :00 P.M. I This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Counci has expressed its intent to discuss and act on each item. in addition to any action id ratified in the brief general description of each item, the action that may be taken shall in Jude: A referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy ormisof the item;discontinuance of consider,tion;authorization to enter into negotiations:`a7J execute agreements pertaining to the item, adoption or approval,• and, disapproval. Copies of the staff;,reports or other documentation relating to eac item of business referred to on the agenda are on file in the office of the City Clerk (Rom 248) and in the Information Office (Room 103), available for public inspection during City Mail business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans:with Disabilities Act, if you need'Special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office ((805) 461-5010) or the City Clerk's Office ` (805) 461-5074)• Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can;be made to provide accessibility to the meeting or service. RULES OF PUBLIC PARTICIPATION: PLEASE SEE @A GK PAG C RD ALL TOO R E PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL COMMENTS PRESENTATIONS: o Presentations to the contributors to the City County tennis court i additions at Heilmann Park i COMMUNITY FORUM: Please see "Rules of Public Participation" (Back Page) o City Attorney: Status report on the adult books ore (verbal) P A. CONSENT CALENDAR: Al/matters listed under Item A, Consent Calendar, are t 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. CITY 'COUNCIL MINUTES - August 8, 1995 Staff & City Clerk's recommendation: Approve 2 CITY COUNCIL MINUTES - August 16, 1995 (Adjourned Meeting) Staff & City Clerk's recommendation: Approve 3. CITY COUNCIL MINUTES - August 22, 1995 Staff & City Clerk's recommendation: Approve 4 CITY COUNCIL MINUTES - August 29, 1995 (Adjourned Meeting) Staff & City Clerk's recommendation: Approve 5. APPROVAL OF WARRANTS FOR THE MONTH OF AUGUST,` 1995 Staff recommendation: Approve 6 RESOLUTION NO. 84-95 - Approving ado�iol of the FY 1995/9.6 Budget Staff recommendation: Adopt 7. RESOLUTION NO. t6-95 - Authorizing the execution of'a contract with A-Jay Excavating to construct Amapoa/Tecorida interim>drainage improvements Staff recommendation; Adopt 8. FINAL TRACT MAP 91006, 8005 & 8425 AMAPOA AVE. - Creation of seven< {7} parcels ranging in size from 3,095 sq. ft. to 4,810 sq. ft. for single-family residential use (Miller/Montanaro) (cont'd from 8/29/95) Staff recommendation Approve I 9. CITY COUNCIL APPROVAL OF EXCUSED ABSENCES (Councilmernber Carden)' Mayor's recommendation: Approve B. PUBLIC HEARINGS: 1. RESOLUTION NO. 15-95 - Adopting the;Economic'Development Element of the Atascadero General Plan Staff recommendation: Adopt C. REGULAR BUSINESS: 1. REQUEST FOR A WAIVER OF AMAPOA/TECORIDA DRAINAGE IMPACT FEES FOR THE RESIDENCE AT 8300 COROMAR AVE. Staff recommendation: Deny request 2 } F 2. FORMATION OF 'LINDA VISTA AVENUE ASSESSMENT'DISTRICT Staff recommendation: Provide direction 3. RESOLUTION NO. 85-95 - Supporting the formation of a re gional water agency to represent North S.L.O. County and the City of San L is Obispo on water' resource issues of regional concern Staff recommendation: Adopt 4. DESIGNATION OF CITY COUNCIL MEMBER VOTING DELEGATE FOR LEAGUE OF CA CITIES ANNUAL CONFERENCE Staff recommendation.: Select a delegate D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O.'Regional Tr nsit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round Table 5. Finance Committee 6. Air Pollution Control District 7. Upper Salinas Riv. Coordinated Resource Mgmt. anc Planning Committee 8. North County Council 9. Integrated Waste Management Authority E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council 2. City Attorney 3. City Clerk: Schedule dates for interview of applicants fo City Treasurer and Consortium for Community Media 4. City Treasurer 5. City Manager 3 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum: o Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during: the Community Forum.period (see below). o Persons wishing to speak should step to the podium and state their name and address, for the official record. o All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. 0 No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. o A'person may speak for five (5) minutes. O No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. O Council Members may question any speaker, the speaker may respond but, after the allotted time has expired, may not initiate`further discussion. o The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: o The Community Forum period is provided to receivecommentsfrom the public on matters other than scheduled agenda items. O A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension, O State law does not allow the Council`to take action on issues not on the agenda; staff may be asked to follow up on such items. f Agenda Item: A-1 Meeting Date: 9/12/95 ATASCADERO CITY COUNCIL AUGUST 8, 1995 E 4 MINUTES CLOSED SESSION: The City met in Closed Session at 6:30 p.m. for purposes of dicussions pertaining to: 1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 9085 Morro Road Negotiating Parties: Brown / City of Atascac ero Under negotiation: Price and terms of paymint Closed Session was adjourned at 6:45 p.m. The City Attorney no ed that the Council . had authorized the City Manager to obtain an appraisal and negotiate. F REGULAR SESSION: The Mayor called the meeting to order at 7:00 p.m. Councilpe+n Johnson led the Pledge of Allegiance. ROLL CALL: E Present: Councilmembers Bewley, Carden, J hnson, Luna and Mayor Highland { Absent: None e Also Present: Muriel "Micki" Korba, City Treasurer nd Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Steve De�amp, City Planner; Art Montandon, City Attorney; Brady ICherry, Director of Community Services; Brad Whitty, Finonce Director; Mike McCain, Fire Chief; Bud McHale, Pol ce Chief; Lt. John Barlow, Police Department and John 1eil, City Engineer CC 08/08/95 Page 1 R f PRESENTATIONS: O Recognition to City Employees with 15Y ears of service Mayor Highland presented City watches to the following employees: Bud McHale, Sandi Bartelt, Valerie Humphrey, Debbie Cini, Mike McCain and Roland Snow. Also recognized, but not present, were Peter Gaw, Ken Dahlen, Bill White, Bill Swift and Frank Cardinelli. 0 Ceramic Mural at Pavilion: Request for conceptual approval (Linda Wargo, Atascadero State Hospital) Chief McHale introduced Linda Wargo, who shared details of the proposed Wetlands Sidewalk Mural Project for the Atascadero Lake Park Pavilion and requested conceptual approval. Brief Council questions followed. Discussion also ensued about the lack of a formal "art in public places" policy. The City Council gave conceptual approval for the proposed project and staff was requested to develop a draft policy to take before the Parks & Recreation Commission. o Special Presentation to Brian Sword, Streets Supervisor Captain Fred Motlo, representing the Atascadero Fire Firefighters Association, paid special tribute to Brian Sword, Streets Supervisor. COMMUNITY FORUM: The following Atascadero citizens and business owners protested the adult book/video store proposed for the downtown: Hans Drexler, Tom Austin, John Cole, Trey Littlejohn, Anna Hartig, Larry Clark, David Frye and David Lowe. Also speaking out against the proposed adult business was Paso Robles resident Regina Foster. Staff responded to questions regarding the current business license application. It The City Council directed staff to provide an agendized bi-monthly update to keep the public informed. Terry Ann Willingham, 980 Parkhill Road in Santa Margarita, appealed to the Council regarding her termination of employment at the Charles Paddock Zoo. The Mayor mentioned that this is a personnel matter and may not be taken up for discussion and/or action at a public meeting. A. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: CC 08/08/95 Page 2 1. CITY COUNCIL MINUTES - July 25, 1995 • City Clerk recommendation: Approve 2. GENERAL PLAN CONFORMITY REPORT - Consideration of Planning Commission report regarding the acquisition of certain real',property in the City of Atascadero by the County of San Luis Obispo in order to expand the branch library Staff recommendation: Information only, no action required 3. RESOLUTION NO. 78-95 - Authorizing award of Bid #95-04 for EI Camino Real and State Hospital entrance signal and lighting project Staff recommendation: Adopt 4. RESOLUTION NO. 79-95 - Authorizing the execution of an agreement with North County Septic Service for septage dewatering concession Staff recommendation: Adopt 5. RESOLUTION NO. 80-95 - Authorizing the execution of a cooperative agreement with CalTrans for maintenance of signal preemption equipment at Del Rio Rd. and Hwy. 101 Staff recommendation: Adopt Councilman Luna pulled Items #A-3 and 4. • MOTION: B Councilman Johnson seconded b Councilman Luna to Y Y approve the Consent Calendar, Items #A-1', 2 and 5; motion carried 5:0 by roll call vote. Re: 3. RESOLUTION NO. 78-95 - Authorizing award of Bid #95-04 for EI Camino Real and State Hospital entrance signal and lighting project Staff recommendation: Adopt Councilman Luna asked if the State was contributing financially to the project. John Neil reported that the primary funding source is State Highway Account grant monies. MOTION: By Councilman Luna, seconded by Councilman Carden to adopt Resolution No. 78-95; motion passed 5:0 by'roll call vote. Re: 4. RESOLUTION NO. 79-95 - Authorizing the execution of an agreement with North County Septic Service for septage dewatering concession Staff recommendation: Adopt Councilman Luna asked if a Regional Water Quality Control Board (RWQCB) permit is necessary and if there is any liability to the City. Brady Cherry replied that a permit is required and that the RWQCB has approved the use. Art Montandon explained that • the only liability the City might incur would be risk of accepting additional septage and CC 08/08/95 Page 3 the possibility of contamination. MOTION: BY Councilman Luna, seconded by Councilman Bewley to approve; motion passed 5:0 by roll call vote. B. PUBLIC HEARINGS: 1. RESOLUTION NO. 15-95 - Adopting the Economic Development Element of the Atascadero General Plan (GPA 94006) Staff recommendation: Adopt Steve DeCamp presented the staff report and summarized changes to the Element. He clarified that there had been no change to the technical appendix. Individual Council comments followed. Councilman Luna emphasized that, because statewide policies can and will change, the document should be dated and have a basic end goal. He stressed the need to identify who the "customer" is: developer or taxpayer. He noted that his biggest complaint is language that provides for "corporate welfare" (tax abatements or other government hand-outs to business). Councilman Luna asserted that direct taxpayer support to business is wrong and he won't support it. He stressed that if the City is going to "give away the store", then a policy for direct and verifiable taxpayer pay- back should be adopted as well. He spoke in favor of developing cooperative polices in the North County that will avoid competition with other communities for tax dollars f and concentrating on improving economic infrastructure. Councilman Johnson spoke in support of a formal recommendation by the Economic Round Table to include language in Section E-4 clarifying that improvements should occur at the U.S. 101/41 interchanging and to develop and maintain an inventory of industrial property. He commented that he is concerned about the lack of infrastructure in the City and noted that incentives should be used with wisdom and care. He disagreed that the document "gives away the store" and noted that every project has to come back for approval before it can go forward. Councilman Carden asked what happened with the technical comments he submitted previously regarding incentives. Steve DeCamp reported that the Planning Commission felt it would be more appropriate for those comments to be addressed as part of an overall strategic economic planning process. Councilman Carden spoke in favor of adopting the Economic Element and, in addition, pursuing the implementation of a re-development authority. speculated that, given the financial status of City, the City will not be able to hire a full-time economic development director and contended that the Council has the potential to take on the task. Councilman Luna agreed and stated that it is about time that the Council pick a project area and get started. He added that one of the key elements in the document he can support is re-development of the downtown. CC 08/08/95 Page 4 Councilman Carden mentioned that he would like to see language' added that would . allow for a North County branch of Cuesta College or other higher education institution. Discussion ensued. Councilman Luna recommendedthat other research, like the western launch pad, and support services might also be included. Public Comments: Rush Kolemaine, Potrero Road resident, mentioned that he would have liked to have heard or seen other ways to enhance City revenues. He noted that he supports re- development and the addition of language pertaining to institutions of higher learning. Mr. Kolemaine urged adoption the Economic Element. Micki Ready, Manager of the Chamber of Commerce, commented that the Planning Commission did a good job of incorporating most of the Chamber's suggestions, but asked that those recommendations not included be reconsidered. She summarized them as follows: Prioritize basic community goals, continue the promotion of the Alternate A Highway 41 realignment and core of the downtown, create an economic develop corporation headed by an economic development' director and add "contractors" to Section 3 on Page X-3. Jim Edwards, Planning Commissioner, spoke in favor of adopting and emphasized that though the document may not be perfect, it is breathable and can come back for periodic updates. • DougLewis Tunit r " as resident, remarked that he does not like the word, customer and the attitude that's implied. He also asked what the City's cost was for the consultant's economic study. Andy Takata reported that the Palmer/Koert report cost $30,000 and was paid for by grant monies from the State. ---End of Public Testimony--- Brief discussion ensued regarding establishing priorities. Steve Decamp indicated that the document will be reviewed and updated every five years and confirmed that the document would have to come back for approval anytime there is a change. There was general agreement that it would not be appropriate to prioritize goals and objectives in the Element. By mutual agreement, the following revisions were approved. 1. Change the word, "customer to "consumer". 2. Add Item #7 to Section F relative to other institutions of higher learning, and/or research and support services. 3. Add the two recommendations of the Economic Round Table relative to industrial inventory (to be added as Section F-6 on Page X-8) and CC 08/08/95 Page 5 101/41 interchange improvements (Section E-4, Page X-6). The Mayor 1 - r •1 .m. The meeting was resumed at 9:22 y called a 0 minute break at 9. O p g p.m. 2. ORDINANCE NO. 289 - Amending Zoning Ordinance text to allow "offices" in the downtown pedestrian retail overlay zone (ZC 95004) Staff recommendation: (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only Steve provided the staff report and recommendation. There were no questions or comments from the Council or public. MOTION: By Councilman Luna, seconded by Councilman Bewley to waive the reading in full of Ordinance No. 289: motion passed unanimously. MOTION: By Councilman Luna, seconded by Councilman Bewley to introduce Ordinance No. 289 on first reading by title only; motion passed unanimously. 3. BUSINESS IMPROVEMENT ASSOCIATION (BIA)REQUEST-Consider extension of January 1990 Agreement and October 1990 Amendment #1 for City's continued payment of property taxes and maintenance on BIA public parking lot Staff recommendation: Review & provide direction Brad Whitty provided an overview of the BIA request and requested direction. He reported that the City has paid $29,740 to date towards improving the parking lot, including approximately $500 per year in property taxes. If the property were deeded to the City, he said, the City would save the cost of the property taxes paid each year. Responding to Council inquiry,the Finance Director reported that periodic and minimal landscape maintenance costs average 51 ,000 per year. Andy Takata noted that the BIA presently attempting to raise $30,000 for parking at the Carlton Hotel and they want to use the property as collateral for acquiring the loan. The Finance Director clarified that fees collected by the City on behalf of the BIA are remitted in full to the BIA. There was no public testimony. There was consensus to extend the provisions of the present agreement. Andy Takata noted that staff will bring the contract renewal back in the future. i CC 08/08/95 Page 6 4. CONSIDERATION OF APPLICATIONS FILED BY THE ATASCADERO MUTUAL • WATER COMPANY (AMWC) - Conditional use permit, variance and road abandonment for the relocation and upgrade of existing pump facilities located near the intersection of San Gabriel and San Marcos Roads A. Resolution No. 10-95 - Summarily vacating an unimproved portion of San Marcos Road right-of-way Staff recommendation: Approve Steve DeCamp, City Planner, provided the staff report and recommendation to approve the negative declaration, conditional use permit, variance and road abandonment. Brief Council questions followed. Public Comments: Ken Weathers, General Manager of the Atascadero Mutual Water';Company, provided background about the objectives of the pump booster station upgrade and spoke in favor of staff's recommendation. Councilman Luna commented that the street is not a City-accepted road and suggested that the Water Company meet with staff and endeavor to bring it up to City standards. Steven Ward, 10012 San Marcos Road, spoke in opposition commenting that the Water Company told him seventeen years ago that the booster station would be temporary. He shared concern about the number of trees lost, landscaping needs, weed abatement, broken pipes and noise. Mr. Ward submitted 'a letter (see Exhibit "A") written by his attorney outlining additional concerns regarding issues of liability, potential loss of property value, noise levels and the proposed size of the structure. He urged the City Council to take no action until legal counsel can negotiate a resolution outside of the courts. He said that he could support a compromise which would include improvements to the existing building instead of a new, large industrial building, and added that the Water Company should bear some of the burden of costs for improving the road. ---End of Public Testimony--- Art Montandon noted that he had received a copy of the letter submitted by Mr. Ward and summarized the concerns as already articulated. He explained that a great deal of staff time and legal work has been dedicated to this matter to date. In addition, the City Attorney reported that the Water Company has argued that they have a right to build any where in the City easements due to the rights created many years ago when the Colony was established, including exemption from City zoning laws as supported by State Law. The Water Company, he stated, argues that they already have the legal right to proceed without Council approval. i CC 08/08/95 Page 7 Referring to the letter submitted by Mr. Ward, Councilman Luna asked if there was a way to reach an amicable resolution. The City Attorney noted that there have been negotiations and some compromises have been reached on both sides. Expanding, Ken Weathers clarified that the proposed structure is not a large industrial building and explained that community input and consensus had been achieved in the design. Addressing noise, Mr. Weathers reported that the building was designed pursuant to the City's Noise Element and predicted that noise levels will be reduced with the new station. In addition, he stated that new pipes will be installed thereby eliminating problems associated with leaky and/or broken pipes. He also commented that the Water Company does not need the road abandonment and suggested that a contractual agreement be arranged. Steve DeCamp responded to Council inquiry regarding the right-of-way and road abandonment. He confirmed that the City already owns the property where the preferred alignment is proposed. The City Attorney advised that consideration be given to a subsequent abandonment which would result in the granting of a utility easement to the Water Company for those portions that would be abandoned. He commented that the Water Company would maintain control and the City would no longer have ownership. He added that this proposal would not affect Mr. Ward's tax situation. MOTION: By Councilman Carden, seconded by Councilman Johnson to approve the Negative Declaration; motion passed 5:0 by roll call vote. MOTION: By Councilman Carden, seconded by Councilman Johnson to approve the Variance; motion passed 5:0 by roll call vote. MOTION: By Councilman Carden, seconded by Councilman Johnson to approve the Conditional Use Permit; motion passed 5:0 by roll call vote. By mutual agreement, the City Council took no action on the road abandonment and directed staff to re-examine the issue. C. REGULAR BUSINESS: 1. DISCUSSION ON THE COUNTY/CITY TAX EXCHANGE AGREEMENTS ON ANNEXATIONS Staff recommendation: Review & provide direction Mayor Highland reported that mayors and managers countywide have discussed the evolving state of County-City tax exchange agreements relative to annexations and object to present policy that places the negotiations regarding tax exchange between the county and city at the tail end of the process. He explained that the thirty-day process places the city into a position whereby they must agree, or the annexation CC 08/08/95 Page 8 dies. The Mayor said that there is general support for moving the tax agreement • period far earlier in the LAFCO process and noted that this matter is the primary agenda item for the Joint Cities Meeting scheduled for September 28th. He added that he would like to see the Council take a formal position, by resolution, on the issue before the Joint meeting. Discussion ensued. The City Council directed staff to contact the League of California Cities to determine what, if any, position the League has adopted. 2. MILLHOLLIN MINE - Status Report Staff recommendation: Receive report Art Montandon provided the status report and responded to brief Council inquiry about present operations. Public Comments: Tom Torgerson, 6200 Llano, indicated that he desired to give his five-minute allotment to his wife, Marcia Torgerson, who read a prepared statement (see Exhibit "B") relative to pending litigation and urging resolution. Chuck Greenberg, 11655 Cenegal Road, also read a prepared statement requesting that the matter be resolved (see Exhibit "C"). Daphne Fahsing, 5105 Llano Road, read a prepared statement arguing. that a step mine has no place in a residential neighborhood (see Exhibit "D"). ---End of Public Testimony--- The City Attorney apprised the Council of the legal status of the litigation and clarified that the State Bar does not permit him to discuss the case with the petitioners, in this case, the neighbors. Responding to inquiry from members of the Council, Mr. Montandon explained that the Interim Operations Agreement with the County allowed the City some control about operations, but explained that during the course of the litigation the agreement has expired. He confirmed that the mine is continuing to operation without a permit and the reclamation plan approved by the County is the only document that allows any control. At 11:00 p.m., the Council by motion duly moved and seconded, unanimously agreed to extend the meeting beyond the hour of eleven o'clock. The Mayor allowed additional testimony by the public. The Mayor allowed for additional testimony from the public. Marcia Torgerson stated that the reclamation plan in place states that the County will not remove more than 7,000 cubic yards per year and urged the City Council to enforceit. Daphne Fahsing urged the Council to take a stand. CC 08/08/95 Page 9 Individual Council comments followed. Mayor Highland stated that he wants to see resolution. Councilman Luna suggested that until a development agreement is reached between the City and Mr. Millhollin, the City should enforce the 7,000 cubic yards per year limitation and indicated he would like this matter to come back for action. By consensus, the City Council directed the CityAttorney to re-open negotiations with legal counsels and seek resolution. 3. CABLE CONSORTIUM COMMITTEE Staff recommendation: Provide direction Andy Takata reported that there has been interest by the public to represent Atascadero on the Consortium for Community Media and requested direction. Mayor Highland spoke in favor of appointing a member of the public because it will save staff time. Brad Whitty responded to Council inquiry about scheduled meetings. Councilman Luna expressed concern that there may not be enough time to advertise and interview before meetings begin in late September. Public Comments: Rush Kolemaine commented that he has the expertise needed to serve on the Consortium and spoke in favor of opening up the matter for public participation. ---End of Public Testimony--- By mutual concurrence, the City Council directed the City Clerk to open a recruitment, advertise and solicit applications from members of the public interested in serving. 4. RESOLUTION NO. 75-95 - Supporting request that CalTrans retain the temporary Curbaril Bridge structure following the completion of the Hwy. 41 Realignment Project (Cont'd from 7/25/95) Staff recommendation: Adopt Councilman Carden, original sponsor of the resolution, reported that there is no longer a need to move forward. He explained that initially the Council of Governments (COG) was planning to consider requesting CalTrans to retain the temporary bridge on Hwy. 41 at Curbaril and he believed Atascadero should have some input prior to COG's adoption of any position. COG, he explained, is no longer moving forward on the matter and suggested that the Council take no action on the proposed resolution. Councilman Luna spoke in favor of adopting the resolution and stated that the City loses nothing by requesting that the bridge stay in place until the Highway 41 realignment and bridge project is completed. Councilman Johnson proposed that the Council table the matter until the project is underway. CC 08/08/95 Page 10 By consensus, the City Council agreed to take no action now and table the matter . until after construction begins. Public Comments: Jim Edwards, Citizens Transportation Advisory Committee (CTAC) representative, reported that the resolution was defeated on a 5 to 3 vote by CTAC and expressed approval for taking no action. The resolution, he added, serves no purpose because CalTrans has already indicated that the bridge will not be removed until after there is a replacement bridge. ---End of Public Testimony--- 5. ORDINANCE NO. 291 -Amending Atascadero Municipal Code Sections 2-9.02 and 2-9.08 re: terms of office for members of the Planning Commission City Clerk recommendation: (1) Motion to adopt on second reading by title only MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt on Ordinance No. 291 on second reading by title only; motion passed 5:0 by roll call vote. 6. ORDINANCE NO. 292 -Amending Atascadero Municipal Code Section 2-13.03 ire: terms of office for members of the Parks & Recreation',,Commission City Clerk recommendation: (1) Motion to adopt on sec nd reading by title only MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt on Ordinance No. 292 on second reading by title only; motion passed 5:0 by roll call vote. D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Councilman Carden reported on the meeting of August 2, 1995. 2. City/School Committee - The City Manager reported that the next meeting would be in September. 3. Economic Round Table - Councilman Johnson reported that the Round Table had met in a special workshop on August 4th. There will be no regular meeting on the 16th, he said. 4. North County Council - Mayor Highland reported that the Executive • Committee meets on August 24th and commented that they are putting CC 08/08/95 Page 11 together a position regarding water resource management in the North County. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Johnson requested that staff bring back the administrative decision appeal process and related fee for study by the Council. Councilman Luna spoke in support and commented that the process should not be costly to the applicant. The City Manager noted that the appeal fee is established by resolution and took direction to bring the matter back sometime in September. 2. City Clerk Lee Price reported that the City will sponsor a test claim with the State Commission on State Mandates for cost reimbursement of the "Special Notice to Voters" being sent out this month informing voters that the municipal election date has changed from June to November. The City Clerk requested that the Council select dates to interview applicants for City Treasurer and for the City's Planning Commission. The City Council agreed to meet at 5:30 p.m. on Wednesday, August 16th to interview candidates for City Treasurer. In addition, they agreed to meet at 7:00 p.m. on Tuesday, August 29th for purposes of interviewing applicants for the Planning Commission. 3. City Treasurer Micki Korba reported that the City Treasurer's Report for July will be on the next regular agenda. 4. City Manager Andy Takata reviewed items slated for the next agenda and reported that staff had recently met with School District representatives and members of the public regarding juvenile loitering and related problems. THE MEETING WAS ADJOURNED AT 11:59 P.M. THE CITY COUNCIL WILL MEET ON WEDNESDAY, AUGUST 16, 1995, 4TH FLOOR CLUB ROOM, FOR THE PURPOSE OF INTERVIEWING APPLICANTS FOR CITY TREASURER FOR CONDUCTING THE FY 1995/96 BUDGET HEARING. 0 CC 08/08/95 Page 12 MINUTES RECOR ED AND PREPARED BY: LEE RICE, City Clerk Attachments: Exhibit A (Ogle & Merzon) Exhibit B (Torgerson) Exhibit C (Greenberg) Exhibit D (Fahsing) CC 08/08/95 Page 13 R LAW OFFICES `=` OGLE & MERZON A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION . CHARLES E.OGLE* 770 M O R R O B A Y BOULEVARD FAX:(805)772-7713 JAMES B.MERTON MORRO BAY,CALIFORNIA 93443-0720 MAIL TO: POST OFFICE BOX 720 CHARLES G.KIRSCHNER (805)772-7353 •PROBATE 772-8703 CHARLES P.OGLE M VMOP0t10WLL.(D.PORATON . July 28, 1995 Mr. Ken Weathers, General Manager Atascadero Mutual Water Company P.O. Box 6075 Atascadero, CA 93423 Mr. Gary Kaiser, Associate Planner Community Development Department City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Re: San Gabriel Booster Station; Stephen and Mary Ward Gentlemen: This firm has been retained by Stephen and Mary Ward to address the Atascadero Mutual Water Company's plan to replace the existing pump booster station at San Gabriel Road. As I am sure both of you are aware, my clients own property adjoining the existing booster station. They feel that the existing station is a nuisance due to noise output and poor visual quality. My clients contend that the new station could present a commensurately greater nuisance in both respects. The Wards are further concerned that the proposed abandonment of a portion of the San Marcos Road right of way, and the resulting addition of land area to their lot, could trigger a reassessment by the County Assessor and a loss of Proposition 13 tax protection. The Wards see even the slightest chance of such loss as unacceptable. My clients are appreciative of the AMWC's efforts to date to improve the visual quality of the proposed structure. Their previous concerns over the height of the structure and the "industrial" appearance have been ameliorated somewhat by the new stucco/tile roof design, and the lowering of the floor below grade. They remain concerned, however, about the overall size of the structure. They feel that the structure should be built to house only two pumps, and that a second pump station be built someplace else to house the two additional proposed pumps. Mr. Weathers Mr. Kaiser July 28, 1995 Page 2 As it stands, the Wards and their neighbors are bearing the burden of a giant pump house to benefit other neighborhoods which will themselves suffer no impact. On the question of noise, it appears that the AMWC and the City assume that the new structure will constitute an improvement over the current noise level. Obviously, this is a convenient assumption, as it allows the AMWC to avoid the cost of an environmental impact report and any required mitigation. From the Ward's perspective, however, this assumption should not be made, and no negative declaration contemplated, without an engineers' opinion regarding noise levels. The property tax issue could be resolved if the AMWC agreed to expand its offer to indemnify to include any increased property tax liability incurred by the Wards (and 'anyone else entitled to the Wards' Proposition 13 protection) as a result of this project. In sum, the Wards feel that the City should require the AMWC to show why it is not feasible to build two smaller pump stations • rather than the currently proposed large station. If it is established that the large station is necessary, it should not be contemplated without an engineer's opinion regarding noise levels. Finally, as between themselves and the AMWC, the Wards insist upon the expanded indemnity as aforestated.'; I invite either of you to contact me if you have any questions or concerns. Sincerely, X � CHARLES P. OGLE • CPO:mn Z:\CLD:N1'KZ\WARD.STEIWEgT-KA1.001 MARCIA MCCLURE TORGERSON 6200 Llano Road Atascadero, CA 93422 805-466-7980 August 8, 1995 Atascadero City Council iM — 8 RE: Millhollin Mine CITY OF ATASCADERO CITY CLERK'S OFFICE Councilmen: I would like to thank you, Mr. Mayor, for putting this issue on your agenda. I would like to comment on the City Attorney's report in front of you tonight. Up until the day the City decided to sign the Interim Operations Agreement (IOA) with the Millhollins, I felt the City was attempting to protect the neighborhood from the potential unlimited expansion of this Mine. In my opinion, when the City signed that agreement, allowing the removal of more than twice the amount of rock that the existing reclamation plan allows, you decided that the threat of a lawsuit from the Millhollins was more important than fulfilling your lead agency responsibilities. It was at that point that I felt you had left the neighborhood "out in the cold." Many of the neighbors felt that since the City was no longer looking • out for their best interests, then we had to protect ourselves. The City Attorney refers in his report to motions that were filed three times challenging our lawsuit. He fails to mention to you that the first two motions were denied by the Court. I am submitting for the record the judge's ruling on the first two motions (which is page one of the attached documents). As you can see, the judge denied the City's and Millhollin's motions because he felt there was sufficient evidence for our first cause of action and in the second cause of action, the judge states that the Court agreed with us, the neighborhood, in that the IOA is in fact a "reclamation plan" because SMARA makes no reference to IOA's. Which means that the IOA did not comply with the Public Resources Code. The judge goes on to state that the City also failed to certify the IOA to the director (the State) as required by the Public Resources Code. The third motion by the City and Millhollins was successful only because our original pleading was in reference to the Interim Operations Agreement. By the time the third motion was heard by the judge (7 months after our initial filing), the IOA had expired and therefore, the judge assumed that the Mine was no longer operating. Of course, as we all know, the Mine is continuing to operate after the IOA. That is why we have filed a new petition; to clarify to the judge that our pleading is to the operation of the Mine totally, not just with an IOA. Concerning the restraining order we requested, again the judge ruled that since the IOA had expired, a restraining order was not 1 necessary. 'Here again, he was assuming that the Mine is not operating without an IOA, which is incorrect. Concerning the comments the City Attorney made in his report about me personally, 1 am deeply concerned. First of all, as you read that paragraph, you come to the conclusion that I was lying to you when 1 spoke at your July 25, 1995 meeting. In researching my claim that the State Mining and Geology Board advised the neighborhood concerning the filing of our lawsuit, the City Attorney didn't bother to come to me to ask me who I had spoken to. Instead, he had a staff member call the State and came up with the answer that no one at the State office would make such a statement. If the City Attorney had just come to me, I could have saved him and the City a lot of effort. I would have been glad to explain my comments, if he had only bothered to ask. Since he did not ask, I feel I must now waste your time defending myself because of his comments. For the record, I and others in the neighborhood have spoken to several people at the State Department of Mining and Geology from approximately November 1993 to the present; Pam Ciccerelli, legal department, Tim Kustic, compliance department, and others. They all advised us, the neighborhood, on steps we should take towards the lead agency to encourage you to fulfill your responsibility to the neighborhood. They all advised us that if after pressuring the lead agency, the neighborhood felt that the lead agency had failed to take appropriate enforcement action, then our remaining recourse is in the Courts. Tim Kustic, Principal Compliance Engineer, sent a letter to the City, dated February 18, 1994, which is page two of the attached documents, reminding you of your lead agency responsibilities. You also might be interested to know that earlier this year, the City Attorney and Mr. Millhollin s attorneyclaimed in court that we the neighborhood, had violated 9 , procedure by not filing a formal complaint with the State before ever filing a lawsuit. They claimed this was grounds for a dismissal. The judge denied their request, but I pursued the issue because I would have thought in all the conversations I had had with the State, they would surely have instructed us to file a formal complaint if it was required by law. So, I called the State Mining and Geology Board. For the first time, I was forwarded to the head' of the department, Executive Officer, John G. Parrish, Ph.D. He told me that if we had been unable to get the lead agency to resolve the problems, then our remaining recourse was to have filed the lawsuit. He also told me we were not required to file a formal complaint with the State before filing a lawsuit. I asked him to'send me a letter to verify his statement. His letter, dated March 22, 1995, is pages three and four of the attached documents. In his letter, he summarized all of ;the advice he had given me over the telephone. His summary of the situation shows what a complex issue this is. I would like to read the last paragraph that will reveal to you, in black and white, the truthfulness of my comments to you at your last meeting and my comments to you tonight: • 2 "Other than the inquiries to the Department and the Board regarding Procedures and information that you made in the past, you are not required to file any formal complaint with the State Mining and Geology Board. The issue to which you and your neighbors are addressing is one of operations, not reclamation, and therefore belongs in the sphere of lead agency responsibility. if the lead agency fails to act in this case, or believes it is prohibited by law from taking action in this case, then your recourse is directly to the Courts.n I think it is a terrible thing that a private citizen who speaks at a public meeting can be attacked publicly by a City representative because he either doesn't believe her or does not like what she said. I guess he thought my comments made him look bad. I think his false accusations make him look worse. A City Attorney should not attempt to intimidate the public for the purpose of suppressing the truth. What concerns me most about these false accusations from the City Attorney, is that if this portion of his report is false, how do you know if other portions of his report were also improperly researched? I would like to ask that in the future, if the City Attorney has any doubts regarding the accuracy of any comments I might publicly make, I hope that you will make sure that he will come to me first to verify the information before publicly making false accusations regarding my honesty. The real issue here, which the attorneys keep trying to divert from, is that we have a reclamation plan that was incomplete even by 1976's standards. Mining standards have grown significantly since then, so this reclamation plan does not come near meeting today's standards. Herein lies the Catch-22. The Millhollins have an incomplete reclamation plan, but because it was approved by the State in 1980, it is valid. In the mean time, the City has allowed a residential neighborhood to develop around the Mine. For approximately 40 years, the Mine operated without any complaints. Now, the County has expanded the operation to at least 4 times what the neighborhood was used to. Please remember that we all moved out there knowing the mine was there. Up until approximately 1992, no one complained about the operation because it did not bother them. It was only when the County decided to expand their operations that the problems started. The current mining operation is not compatible with the neighborhood. As the State Board has explained to me repeatedly, the only way to resolve this issue, if the lead agency is not willing to strongly pursue an amended reclamation plan, is in the Courts. The reclamation plan needs to be amended to current standards if the Mine is going to continue to operate. The development plan that the Millhollins have submitted calls for the mining of an additional 120,000 cu. yds. of rock. They say that the mine will be closed and the removal will be considered grading. Well, not according to SMARA. Mr. Millhollin not only plans on removing the 120,000 cu. yds of rock, but he also plans on selling it to the County. That's mining. So, do not be fooled by a proposed development plan. Don't be fooled into believing that there will not be 3 any more mining. Because to achieve that subdivision, there will be an enormous amount of mining for many years to come which is all the more reason for an amendment to the reclamation plan to bring it up to current standards. • In the past, you the lead agency, have interpreted that the Mllhollin reclamation plan allows for 7,000 cu. yds. of rock to be removed yearly. If you enforce that immediately and work towards resolving this matter, you will be taking the appropriate steps under SMARA that are required of a lead agency. You should not make the neighborhood do your job. The City and the neighborhood should be working together. Did you know that since June of 1993, which was the date that the City started trying to pressure the Millhollins for an amended reclamation plan, the County has removed approximately 35,000 cu. yds. of rock? The longer this goes on, the more damage that is occurring on the site that will require more and more extensive restoration. The neighborhood has been ready to go to trial on this issue since last November. Due to the City's and Millhollin's numerous motions, continuances and delays in court, we do not even have a trial date yet. It seems as though both the City and the Millhollins do not want a judge to preside over this issue. If we all want to settle this issue and we can not agree among ourselves, then why not set a trial date, let a judge rule on the issue, and be done with it? Why should we all spend thousands of dollars on delay tactics from which only the attorneys will profit? Sincerely, Marcia McClure Torgerson /m Attachments i 4 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO DATE: March 16, 1995 DEPARTMENT NO. : VII PRESENT: HON. CHARLES A. PICCUTA JUDGE M. Graves, DEPUTY CLERK • None, BAILIFF Not Reported, REPORTER TITLE COUNSEL SANTA LUCIA NEIGHBORS ASSOCIATION, Kate M. Neiswender A California Corporation. , PLAINTIFFS) VS. John Belsher CITY OF ATASCADERO, ET AL. , Arthur Montandon DEFENDANTS) ACTION NO. : CV76423 PROCEEDINGS: Ruling on Submitted Matter The above entitled matter having been heretofor ordered to stand submitted, the Court now rules as follows: The gist of the first cause of action in that in the disguise of an enforcement action, the 'City has allowed the expansion of quarry operations:; without compliance with CEQA protocol. This states a cause of action sufficient to overcome"the'demurrer. �- The second cause.:of action alleges: (1) .tha,t.the,Interim_Operations Agreement is in fact a "reclamation :plan" (The, Gourt .agrees ,4SMARA makes no reference �� at the' IOA does"no* comply • to an "interim operations agreement . (IOA.) (2) Th with Pub. Res. Code §2772 and 2773 and (3) that City, failed to`1cer't ths�IOA to the director as requiredby Pub. Res. Code n§27,74(c)_, ,- These allegations state a;cause.of;.action.:.under :CCP $n108tif f Cet r;to overcome the deinu ,' . Until the City complies with S2774(c) ,, the director is , deprived•, of. e opportunity to determine whether the-lead agencyhie. appiov6d a reclamation plan which is not consistent"withtSMARA. In overruling the demurrers to the first cause of action, the court found the specific reference in S2774(c) to CEQA significant. Respondent and Real Party shall file their returns within 10 days (CRC 325(e) ] . This minute order shall -serve as the courts formal order. The Clerk shall give notice. Under penalty of perjury, I hereby certify that I am not a party to this action, that I deposited in the United States mail at San Luis Obispo, California, first class mail, postage prepaid, in a sealed envelope, a copy of the foregoing Minute Order addressed as set forth below. Ms. Kate M. Neiswender Mr. John Belsher 1575 Spinnaker Dr. , Ste. 206 1012 Pacific St. , Ste. A-1 Ventura, CA 93001 San Luis Obispo, CA 93401 Mr. Arthur r. Montandon Mr. John Paul Daly City Attorney, City of Atascadero County Counsel's Office 6500 Palma Ave. Room 386 County Government Center Atascadero, CA 93422 San Luis Obispo, CA 93408 • LARRY REINER, Exe tive Officer/Clerk of the Court C by , Deputy Dated: 3�� '/ F h H—;:1.'i—'`i4 F H I 1'l:11h 1 D:t:I I Y I IF H I R-CHIPr-M 1 IFI 1,1I.H Ti 4h1—t1H1h HeJ4•/ Hle- _ !TATE OF CAUFORNIA•THE REEOURCE>s AGENCY ME WILSON.Owemor CEPARTMENT OF CONSERVATION �i10E Of MINE RECt.AMATION 1 K is a WK 0"87 WE asrr�na,CA •iEtf-ii29 nta 323-1194 Q (��C. 'T�iooerriw�lotticrw 0 ve%k@ for Ow Dom! Fedi ry 18, 1994 past sss-s`ae 1 Gary Kaiser, Associate Planner Atasoadero Community Development 6600 Palma Avenue Atascadero, CA 93422 RE: California Mine IDI 91-40-0001, Millhollin Quarry Dear Mr. Kaiser: The Department or Conservation (Department) has received the enclosed letter regarding the above-referenced surface mining operation located in the City of Atascadero. since the primary implementation and enforcement of the Surface Mining and Reclamation Act (SMARA) is the lead agency's responsibility, the enclosed letter is being forward to the City or Atascadero for investigation of the complaint. From pervious correspondence, our office realizes the limitations • of the previously approved reclamation plan for this operation. However, production in excess of .:tho«appr��►8d,amount:,is ,a t clear violation;.ot the approvsd `reclamation plant'. . Tho leas ago=y should 'determine``'i'!``Rtha operator .had. violated the approved reclamation plan. °Zr 'soy, appropriat's onforcement• actions may be warranted. - As you may be aware, the Department's Office of Mine Reclamation acts as an enforcement backstop if lead agencies neglect their SMARA responsibilities. SMARA section 2774.4 allows for the state Mining and Geology Board (Board) to assume lead agency SMARA responsibilities, except permitting, for no less than three (3) years if the Board determines a lead agency has failed to take appropriate enforcement actions. If the Department initiates- enforcement actions, the lead agency would automatically be referred to the Board for possible takeover of SMARA duties. Ir you have questions regarding lead agencies responsibilities, please contact our Office at (916) 323-9198. Sincerely, Tim Xustia Principal Compliance Engineer Enclo Enclosure NATE OF CALIFORNIA -THE RESOURCES AGENCY PETE WILSON, Govemof DEPARTMENT OF CONSERVATION STATE MINING AND GEOLOGY BOARD 801 K Street, MS 24-05 Sacramento, California 95814-3528 DeWayne Holmdahl, Chairman Bob Grunwald, Vice Chairman TELEPHONE: (916) 322-1082 Sands Figuers TDD LINE: (916) 324-2555 Alvin Franks Raymond Krauss Julie Mann Robert Munro Sheila M.Murphy Lee Thibadeau March 22, 1995 Marcia McClure Torgerson 6200 Llano Road Atascadero, California 93422 Re: California Mine ID #91-40-0001, Millhollin Quarry Dear Ms Torgerson: Thank you for your letter of February 20th regarding the operations of the above referenced mine. The delay in responding was because of my waiting for the results of a • field inspection of the Millhollin Quarry that occurred about two weeks ago. Mr. Tim Kustic, Principal Compliance Engineer for the Department of Conservation's Office of Mine Reclamation, recently toured the Millhollin facilities and spoke with several individuals with the City of Atascadero, lead agency for this mine operation. Mr. Kustic expressed some of your concerns and those of your neighbors to the City officials regarding the operation of the Millhollin Quarry. The City officials seem well aware of their responsibilities as lead agency in seeing that theIvlillhollin Quarry is in compliance with the Surface Mining and Reclamation Act (SMARA). Mr. Kustic reports that the mine site itself is exceptionally clean, and that the City's inspections are quite thorough. Although the quarry's current reclamation plan is feeble by today's standards for those plans, its plan is valid and the operation is in compliance with the original plan. The vested status of the quarry exempts it from being subject to local conditional use/mining permits. These permits govern the actual, daily operation of the mine, and the issuance and enforcement of use permits are solely the province of the lead agency. It is my understanding that recent mining operations at the mine site have substantially increased, and that this expanded activity is causing an annoyance to those nearby; however, Millhollin Quarry 4 • Page 2 because this irritant is the result of operations -- and not a change in the reclamation:,, requirements -- it is up to the lead agency to manage the issue. The City of Atascadero has little recourse under SMARA.because of the vested status. of the mine. Its only courses of action are negotiation with the mine operator,or legal I estraining actions through the Courts. �The courses of action by the citizenry are either direct negotiation with the mine operator, community pressure on the City;officials, or action through the Courts. From my understanding of the situation, the City has decided to negotiate with the mine operator for best terms. You and your neighbors have determined that previous negotiations have not yielded the results you desired, and so have decided to take action in the Courts. Other than the inquiries to the Department and the Board regardingprocedures and information that you made in the past, you are not required to file any formal complaint with the State Mining and Geology Board. The issue to which you and your neighbors are addressing is one of operations, not reclamation, and therefore,belongs in the,sphere of lead agency responsibility. If the"lead agency,.fails to act in this case, or believes it is prohibited by law from taking action in this case, then your recourse is directly to the Courts. Sincerely, Jo G. Parrish, Ph. D. E ecutive Officer • MAYOR HIGHLAND, MEMBERS OF THE CITY COUNCIL, I WOULD LIKE TO MAKE A FEW BRIEF COMMENTS IN REGARD TO THE MILHOLLIN QUARRY, AND WHAT I FEEL ARE MISREPRESENTATIONS OF THE NEIGHBORHOODS ATTITUDE BY THE CITY ATTORNEY . I FIND IT EXTREMELY DISTURBING, THAT THE CITY ATTORNEY STATES IN HIS REPORT THAT THE NEIGHBORS FILED SUIT AGAINST THE CITY OF ATASCADERO BECAUSE `THE CITY HAD NOT DONE ENOUGH, FAST ENOUGH'ABOUT THE QUARRY OPERATION. WE FELT THAN AND STILL FEEL NOW THAT WE HAVE LEGITIMATE CONCERNS ABOUT THIS ONGOING MINING OPERATION IN A RESIDENTIAL AREA. • THE NEIGHBORS FILED SUIT TO DEMAND THAT THE CITY AS LEAD AGENCY ACT TO ENFORCE ENVIRONMENTAL LAWS TO PROTECT THE NEIGHBORHOOD AND STOP THE DAMAGE TO THIS AREA. WE FEEL THIS DAMAGE IS STILL CONTINUING TODAY. UNLIKE THE CITY ATTORNEY, THE NEIGHBORS FEEL THAT THEY HAVE BEEN EXTREMELY PATIENT ABOUT THIS MATTER. THIS IS DEMONSTRATED IW BY THE FACT THAT MR. HIGHLAND IS NOW THE THIRD MAYOR THAT WE HAVE SPOKEN BEFORE AT THESE CITY COUNCIL MEETINGS. THE NEIGHBORS FILED SUIT ONLY AS A LAST RESORT AFTER REQUESTING 30 DAYS TO STUDY THE INTERIM OPERATING AGREEMENT THAT THE CITY COUNCIL ITSELF HAD RECEIVED ONLY 24 HOURS BEFORE:AS YOU KNOW THAT REQUEST WAS DENIED. BY CONTRAST, THE QUARRY OPERATION HAS BEEN GRANTED NUMEROUS EXTENSIONS BY THE CITY AND INDEED THE CITY HAS NOT ENFORCED THE TIMETABLE IN ITS OWN INTERIM OPERATIONAL AGREEMENT. WE DO NOT FEEL OUR POSITION IS UNREASONABLE WE DO FEEL THAT WE HAVE BEEN SUBJECTED TO EVERY CONCEIVABLE LEGAL DELAYING TACTIC OVER THE LAST NINE MONTHS WHILE THE MINING OPERATIONS PROCEED AND WE WATCH THE DAMAGE TO THIS AREA CONTINUE. RECLAMATION OF THIS AREA, IF IT DOES TAKE PLACE WILL ONLY BE MADE MORE COMPLICATED AS MORE AND MORE MATERIAL IS REMOVED FROM THIS SITE ON A DAILY BASIS. IN CLOSING, I MUST REPEAT THAT A LAWSUIT AGAINST THE CITY WAS NOT SOMETHING THAT THE NEIGHBORS TOOK LIGHTLY OR IN ANY WAY WISHED TO DO. IT WAS OBVIOUS TO ALL OF US THAT A LAWSUIT WAS OUR ONLY REMAINING OPTION. ALL OF THE NEIGHBORS WOULD LIKE NOTHING MORE THAN TO HAVE THIS MATTER RESOLVED AS QUICKLY AS POSSIBLE. Re: Millhollin Mine Daphne Fahsing, 5105 Llano Rd. August 8,1995 • I ' d like to comment on a few points in Mr. Montandon' s report to your council . Mr. Montandon states that the opponents of the quarry feel the City has not done enough fast enough. . . . Until the formation of the Interim Operations Agreement the City did seem to be making the effort to try to satisfy all parties. However, a main contention was the removal of "the mountain" , and that has not been resolved, and the City has since done nothing to "address the concerns of the citizens, " as Mr. Montandon claims in his report. By allowing the County to remove dirt in a way which makes it now necessary to take the mountain down (because if you've been out to the site recently you've seen that it is a dangerous situation) you have betrayed the neighborhood and the entire city. Since Santa Lucia Neighbors filed suit, Mr. Montandon has worked diligently with Mr. Millhollin's attorney to ensure that . his many delaying actions are approved and supported, in detriment to the welfare of the Paradise Valley environment. Mr. Millhollin' s attorney has applied numerous delaying tactics, which the City has supported, while the quarry remains in operation. Once the Interim Operations Agreement expired, without the agreed-upon requirements being completed by the Millhollins, no further operations should have been allowed until litigation is resolved. That would have stopped the delaying actions, and the lawsuit could have proceeded. Instead, Mr. Millhollin 's attorney has filed yet another appeal, for delay of the EIR determination. The argument is not valid that people knew the mine was there and shouldn't have moved there if they didn ' t like it. The fact is, the people were there before the quarry operations expanded to an unacceptable degree. It has become, plain and simple, a strip mine - and a strip mine has no place within a residential neighborhood or inside City more. . . . . . . . . . . . . . Millhollin Mine - Daphne Fahsing page 2 limits . I have no objection to a development taking its place. I do object to the removal of the top of the mountain, because I believe it will change the climate on both sides of the hill . It also sets a precedent for anybody else who wants to claim special privileges for developments in similarly sensitive areas. The mountain will now have to come down because of the way material has been removed over the last few months . Mr. Millhollin doesn ' t live here - we do. Why has he been allowed to do this? 0000000 • Agenda item: A-2 Meeting Date: 9/12/95 s ATASCADERO CITY COUNCIL f ADJOURNED MEETING AUGUST 16, 1995 MINUTES 3 The Mayor called the meeting to order at 5:30 p.m. in the Club Rom. The Pledge of Allegiance and Roll Call were dispensed until 7:00 p.m. All members of Council were present. The City Manager, City Clerk and City Treasurer were Iso present. 1. CONSIDER APPLICANTS FOR CITY TREASURER The City Council interviewed the following applicants for City Treasurer: George Schroff, Kenyon Trengrove, Garry Halstead and John Grden In the Club Room. Following the interviews, the City Council by ballot selected Garr Halstead to serve as City Treasurer. The City Clerk reported that, pursuant �o State Law, the appointment could not be confirmed until after the Elected City Tref surer's resignation becomes effective on September 1, 1995. At 7.03 p.m., the Council convened in the Rotunda. The Mayr led the Pledge of Allegiance. ROLL CALL: c Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland f Absent: None F Also Present: Muriel "Micki" Korba, City Treasurer $nd Lee Price, City Clerk i Staff Present: Andy Takata, City Manager Art Montanoon, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Mike McCain, Fire Chief; Bud McHale, Police Chief; Steve Sylvester, ity Engineer; John SPCC 08/16/95 . Page 1 � Neil, Assistant City Engineer; Claudia Collier, Zoo Curator; Geoff English, Recreation Supervisor, Paula Anton, Recreation Supervisor; Brian Sword, Streets Supervisor; and Mark Markwort, Chief of Waste Water Operations 2. URGENCYORDINANCE NO. 293 - Prohibiting uses in conflict with pending zoning proposal concerning location of adult businesses and further prohibiting location of adult businesses within a specific distance of public parks, churches and children's schools and the downtown zone, pending consideration of proposed ordinances by the City Council City Attorney's Recommendation: Place on the agenda (will require 4/5 vote) and adopt City Attorney Art Montandon requested that the City Council add the urgency ordinance to the agenda and explain that a 4/5 vote is required to do so. He reported that the City does not have an ordinance regulating adult businesses and there is an adult business is attempting to locate in the downtown. He explained that there is a fear that these types of businesses tend to locate in one area and noted that the urgency ordinance provides for a 45-day moratorium. MOTION: By Councilman Carden, seconded by Councilman Bewley to consider and act on Urgency Ordinance No. 293, motion passed unanimously by roll call vote. The City Attorney summarized the criteria for adopting the urgency ordinance including and explained that it is possible to extend it, if necessary. He reported that staff is working on a permanent ordinance to regulate adult businesses and noted that the first draft of that ordinance is the exhibit attached to the urgency ordinance being considered. He added that he is still receiving input from the public and noted that the Planning Commission will hold a public hearing on the matter before it comes back to the City Council for public hearing. The City Attorney responded to brief questions from the Council. Public Comments: The following individuals spoke in favor of the ordinance and in opposition to the proposed adult bookstore: Tony Ranalette, owner of the Virginia Plaza; Susan Macari, owner of Naturally Country; Regina Foster of Paso Robles; Trey Little, Pastor of the Christ Chapel; and Atascadero residents Bonita Borgeson, M'Lee Zalvidar, and Tom Austin. Gary Kirkland, 4620 Portola Road, contending that pornography is defined differently SPCC 08/16/95 Page 2 for different people and opposed this type of regulation. John Cole, 8710 Sierra Vista, asked what citizens can legally do to oppose the adult business. Andy Takata explained that citizens can meet with the Police Chief and the City Attorney to learn more about their lawful rights. Councilman Johnson urged residents and business owners to take wise steps in dealing with the issues and suggested that the community organize in a unified effort. MOTION: By Councilman Luna, Councilman Bewley to adopt Urgency Ordinance No. 293; motion passed unanimously by roll call vote. 3. BUDGET STUDY SESSION At 8:00 p.m., the City Manager and Finance Director presented the proposed budget for fiscal year 1995-96. Andy Takata recommended that the Council adopt the budget and noted that the newly-formed Citizens Task Force for Economic Recovery would be making formal recommendations to the Council regarding the City's financial status in the ensuing months. The City Manager also reportedthat the proposed budget does not include any recommended amounts for community agency funding and suggested that the Council adopt a specific dollar amount for community groups with direction about how it is to be dispersed. The City Council reviewed the budget by department. Formal direction given to staff included. 1) The City Council unanimously agreed to waive health benefits for members of the City Council for the fiscal year and directed staff to remove the allocation $4,800 from the City Council departmental budget. 2) The City Council directed staff to proceed with installation of "Routes-to-School" signs. Andy Takata reported that the City contracts annually with the Chamber of Commerce and the San Luis Obispo County Visitors & Conference Bureau (VCB). He noted that the budget erroneously reflects the VCB request as $4,100 and clarified that it is, in fact, $5,550. Public Comments: Jonni Biaggini, Executive Director of the SLO County Visitors Conference Bureau, requested annual funding in the amount of $5,550 explaining that the figure is based on bed tax collections for fiscal year 1993-94. She clarified' that the formula, established in 1986 with all the cities in the county is calculated as a percentage of SPCC 08/16/95 Page 3 i the bed tax collected in each municipality two years prior to the year being funded. Ms. Biaggini also requested that the City Council approve a one-time fee of $1,000 . for the City's share of conducting a countywide visitors survey and highlighted the projected benefits of the study. Micki Ready, Manager of the Chamber of Commerce, commented that she will be presenting the Chamber's Annual Report to the City Council in the next few weeks and spoke in favor of continued funding support. Leo Korba, 10905 Santa Ana Road, recommended that the City conduct their own utility costs surveys, prepare cash flow statements and look into interest earnings for some of accounts. Rush Kolemaine, member of the Citizens Task Force for Economic Recovery, speculated that it may take months to implement recommendations by the Task Force and suggested that, given the financial condition of the City, the Council be prepared to evaluate service levels. He also spoke in favor of expanding and promoting tourism in Atascadero and urged approval of both funding requests by the VCB. Shirley Moore, Treasurer of the Zoological Society of San Luis Obispo County, explained that the Zoo Board will soon meet to allocate a budget for the next fiscal year and noted that financial support is expected to be approved for the Charles Paddock Zoo. She summarized recent accomplishments at the Zoo. ---End of Public Testimony--- By consensus, the Council approved both requests by the Visitors and Conference Bureau in the amount of $5,550 and $1,000, In addition, the Council directed staff to solicit requests from those community groups funded in the 94-95 fiscal year totalling $10, 155 and bring back a recommendation as a separate item for approval. The City Manager noted that the revised budget will be brought back for formal approval on September 12, 1995. Councilman Carden announced that he would be absent for the Planning Commission interviews scheduled for August 29th and for the Joint Cities Meeting set for September 27th. Councilman Johnson indicated that he, also, would not be attending the Joint Cities Meeting. THE MEETING WAS ADJOURNED AT 10:20 P.M. THE NEXT MEETING WILL BE AUGUST 22, 1995 AT 7:00 P.M. SPCC 08/16/95 Page 4 i Agenda item: A-3 Mejeting Date: ,9/12/95 ATASCADERO CITY COUNCIL s August 22, 1995 I Minutes F Mayor 'Highland called the meeting to order at 7:04 p.m. a0d led the Pledge of Allegiance. ROLL CALL: I �ohnson, Present: Councilmembers Bewley, Carden, Luna and Mayor Highland f E Absent: None E Also Present: Micki Korba, City Treasurer I Staff Present: Brady Cherry, Community Services Director; Doug Davidson, Senior Planner; Art Montandon, City Attorney; Brad Whitty, Finance Director; Sgt. John Barlow, Police Dept.; Cindy Wilkins, Deputy City Clrk CITY COUNCIL COMMENTS: "s r Highland asked the City Attorney for an update on the proposed adult bookstore. Art Montandon indicated the escrow for the proposed-book store property is expected to close tomorrow. He indicated that the business license application is the only document the City has received to date; staff-is awaiting the business owner's response regarding various items, such as the proposed number of video booths. Staff continues to work on a permanent ordinance and expects to come back before the Council with a request to extend the recently-adopted 45-day interim urgency ordinance to a time needed to process a permanent onje. Art added that he has contacted attorneys for the National Law Center for Childreii and Families, a non- profit organization, one of whom has indicated she is willing to come to Atascadero to meet with community members, Council and staff. She would, however, request reimbursement for travel costs. He anticipates her visit couldtake place the week after next. PRESENTATIONS: B O Presentation of former Curbaril Bridge dedication plaque�to City i i Capt. Lloyd Hatfield, 1 Lt. Jon Rempe and Cdt. Chris Hunter of the National Guard's "Bravo Company presented to Mayor Highland the missing.Salinas River Curbaril Bridge plaque, which had been removed during the demolition of the bridge following its failure from March 1995 rains. The restored plaque was then presented to the Historical Society's Mike and Ron Lindsay for placement in the Atascadero Museum. It was noted that the Guardsmen had sandblasted the plaque to remove its original, lead-based paint. COMMUNITY FORUM: Mayor Highland asked that any public comments to be made which concern the proposed adult book store be 1) submitted after any other public comments, and 2) 'held to new information only. Marj Mackey of the Historical Society read from a transcript she is writing on a history of the Atascadero Museum, in which she notes the historical location of the museum in the tower Rotunda Room. She spoke in support of retaining that use, should others be considered, and extended the Society's invitation to Councilman Carden to tour the museum with the Curator and members to see how worthwhile it is there. A. CONSENT CALENDAR: 1. CITY TREASURER'S REPORT - June 1995 Treasurer's recommendation Accept 2. APPROVAL OF WARRANTS FOR THE MONTH OF JULY,-1995 Staff recommendation: Approve 3. ACCEPTANCE OF WEST FRONT STREET OVERLAY IMPROVEMENTS Staff recommendation: Approve 4. ACCEPTANCE OF RECLAIMED WATER EXTRACTION WELLS, PHASE 1 IMPROVEMENTS Staff recommendation Approve 5. RESOLUTION NO. 81-95 - Endorsing the application to the California Depart- ment of Aging for designation of S.L.O. County as a planning and service area Staff recommendation: Adopt Councilman Highland pulled Item #5 for input by the County's representative on the subject. Motion: Councilman Johnson, seconded by Councilman Luna to approve Consent Items Al-4; motion carried unanimously by voice vote. Re: Item A-5: Robert Grayson, SLO County Administrative Analyst, clarified the County's purpose in wishing to form its own county agency on aging, which is outlined in a letter authored by Supvr. Blakely, dated 8/10/95, in the agenda packet. CCMin8/22 Page 2 Motion: Councilman Luna, seconded by Councilman Bewley, to adopt Res. No. 81-95; motion carried unanimously by roll-call vote. B. PUBLIC HEARINGS: 1. AMENDMENT TO THE CITY'S PORTION OF THE S.L.O. COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT (Site acquisition by Loaves & Fishes) Staff recommendation: Approve Doug Davidson provided staff report. Councilman Johnson commended all those who made this project possible. There was no public comment. Motion: Councilman Johnson, seconded by Councilman Carden, to approve the Amendment to the City's portion of the SLO County CDBG Final Statement, as shown in staff's report; motion carried unanimously by roll-cal/ vote. C. REGULAR BUSINESS: 1. POLICY PERTAINING TO THE NAMING OF PUBLIC BUILDINGS, PARKS & • FACILITIES IN THE CITY Staff/Parks & Recreation Commission recommendation: Approve Brady Cherry provided staff report, noting an amended staff recommendation that the Council adopt the proposed policy developed by the Parks & Recreation Commission, as presented, and to omit staff's original recommendation to exclude ball fields. Public Comment Eric Gobler, 9110 Atascadero Ave., thanked Brady Cherry, City staff and the Parks & Rec. Commission for their work on this sensitive and emotional issue, however expressed disagreement with the draft policy and amended staffreport. He spoke in support of naming facilities after people, and of naming Paloma Creek Ball Field #3 after the late Jared Cunningham. Sarah Gronstrand, 7620 Del Rio Rd., feels it is extremely important to consider an individual's work for and contributions to the City which have made it possible to have organizations that are used by and are of benefit to all its citizens. Lee Cunningham, Jared's dad, suggested perhaps the Council fears there will be an avalanche of requests for memorials. He asked that this be viewed as an opportunity • rather than a stumbling block. CCMin8/22 Page 3 Jerry Tamalier, Varsity Basketball Coach, AHS, spoke in support of a commemoration of Jared at Field #3, should the naming of the field not be approved. Vic Smart, 8930 Palomar, Parks & Rec. Commissioner, noted the time that the Commission spent on developing the proposed policy to include an option for the placement of plaques, trees or other perpetual memorials. Their rationale was that naming an entire facility after one young person might preclude the possibility of doing the same for someone else later on. Also speaking in support of naming Field #3 after Jared were Mario Perez, represent- ing Little League, Mark Miranda, resident, and Michael Lara, 9005 Caleta. Michael expressed he feels there are two issues: the need for a policy and the people of the community supporting one of their peers, the latter of which should be the main issue here. --- End of public testimony --- Council discussion ensued. Their consensus was that, in the interest of developing a fair policy for all concerned, it would not set a good precedent to name an entire facility after one individual. Motion: By Councilman Carden, seconded by Councilman Bewley, that the Council adopt the proposed policy for the naming of public buildings, parks and other public facilities in the City of • Atascadero, as submitted; motion carried unanimously by roll-call vote. Motion: By Mayor Highland, seconded by Councilman Carden, to specifically name Paloma Creek Field #3 "Memorial Field" and establish a monument to be used for memorializing names, placing Jared Cunningham's name first; motion carried unanimously by roll-call vote. Councilman Luna requested that a biography of the individuals being honored be included with the plaque or monument. Special Announcement: Tim Arnhart of the Fire Department announced the State Firemen's Muster Championship to be hosted by Atascadero this weekend and extended the Fire Department's invitation to the City Council to attend, noting Atascadero does currently hold a state record. • Council recessed for a 90-minute break CCMin8122 Page 4- 2.. LEASE AGREEMENTS FOR TENANTS OF THE ATASCADERO YOUTH RECREA- TION CENTER BUILDING Staff/Parks & Recreation Commission recommendation: Approve Brady Cherry provided staff report and responded to questions from the Council. Councilman Luna inquired as to how the plans for development of a skate park in the area adjacent to the recreation center building fit in with the leaseagreements. Brady responded that the tenants have been informed. The plan does call for a specific setback from the Karate studio's entrance, and the area now used for parking will be affected. However, the lessee understands they have no exclusive parking rights on the site. It is hoped that the initial concrete pad can be poured by the first of the year, depending upon fundraising efforts. In response to query by Councilman Johnson, Brady noted that, pending a successful fundraising structure would eventual)effort by ARCC, a new addition to the existing y replace what is now the karate studio's office. This would likely trigger a termination of their lease following sufficient notice by the City. Public Comment Leon Korba asked if Ken Yu Kan could terminate their lease. Art Montandon responded that the tenants could request termination at any time. . Motion: By Councilman Johnson, seconded by Councilman Carden, to approve the proposed lease agreements for tenants of the Atascadero Youth Recreation Center, as presented;motion carried unanimously by roll-cal/ vote. 3. AGREEMENT WITH TRAVIS DEVELOPMENT CORP. TO ADVANCE MO $ FOR DOWNTOWN PARKING LOT Staff recommendation: Approve Art Montandon provided staff report. He noted correction that the agreement should be with "Travis Development Corporation/Carlton Square, Ltd. Liability Company" Public Comment Charles Andes, Travis Development Corp./Carlton Square, reported that the interior project demolition is 50% complete. Work on a conditional use permit to allow for work on the exterior and roof of the building is under way. The project is roughly 11 days ahead of schedule. Motion: By Councilman Carden, seconded by Councilman Johnson, to adopt Resolution No. 83-95, including the necessary amendment noted by Mr. Montandon; motion carried 4:0 by roll-call vote. CCMin8/22 Page 5 - Councilman Bewley stepped down from voting due to potential conflict of interest. • 4. REPORT REGARDING REQUEST OF NORMA E. SCOTT FOR FEE WAIVERS (re: 8800 Pueblo Ave.) Staff recommendation: Approve Art Montandon provided staff report. Mayor Highland noted that he has been in contact with Ms. Scott. He also copied her letter of request to Mike Ryan, AUSD Board, to ask for the Board's consideration, from whom there has not yet been a response. Art recommended that, should the Council opt for setting up a procedure for relief through the use a note, support documentation should be required in the form of 1) a medical professional's verification as to the existence of the illness, and 2) a statement regarding the economic condition of the requesting party. The Council's consensus was to take no action. Staff was directed to explore other options to assist Ms. Scott with perhaps reducing the cost of constructing her new home. Art Montandon indicated he will give the letter of request to the volunteers of his wife's non-profit clinic, The Response Team for the Chemically Injured, to obtain • their assistance. 5. ORDINANCE NO. 289 - Amending Zoning Ordinance text to allow "offices" in the downtown pedestrian retail overlay zone (ZC 95004) Staff recommendation: (1) Motion to adopt on second reading by title only Mayor Highland introduced this item. There were no staff or public comments. Motion: By Councilman Luna, seconded by Councilman Carden to adopt Ordinance No. 289 on second reading by title only; motion carried unanimously by roll-call vote. D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group - Mayor Highland reported that this group meets next week. 2. North County Council - Mayor Highland announced that the 'NCC meets Thursday, 8/24, at 7 p.m. in Templeton. A position paper will be presented on water management. CCMin8/22 Page 6_ E. INDIVIDUAL DETERMINATION AND/OR ACTION: • 1 . City Council Mayor Highland indicated he would like to get the Council's consensus to direct staff to complete the EIR for the South Atascadero General Plan change and expansion of the sewer district. 2. City Attorney - Art Montandon reported that, as part of the City's normal processing, City Council appointees' qualifications are verified. So far, staff has been unable to verify that the recent appointee to the City Treasurer position is a registered voter and is a resident of the City, both of which are required by State law. In the event the verification is not made, he asked if 1) the Council would like to have this item placed on the next regular agenda in the event another appointment is necessary, and 2) should staff readvertise to seek further applications to the position. He clarified that the office will not be officially vacated until Sept. 1 st, andMicki Korba has the option of extending her term; the Council has 30 days from the time the position is vacated to make an appointment. Micki indicated she would be willing to extend her term to this item on the next agenda to Oct. 1 st, rf necessary. Staff was directed to place h g make a decision on how to proceed. Councilman Johnson asked that steps be taken to assure that a screening procedure is followed in verifying applicants' qualifications in the future. 3. City Manager: Joint meeting with City Councils in SLO County (suggest Wednesday, September 27, 1995) Mayor Highland indicated that the mayor's group consensus at their recent meeting iwas to limit the meeting to 3 hours. Several items are suggested to be on the agenda, the primary one being the proposal on the City/C''ounty tax splits. F. ADJOURNMENT: The meeting adjourned at 9:17 p.m. to 7:00 p.m. on Tuesday, August 29, 1995, 4th Floor Club Room, for the purpose of conducting interviews of applicants to the Planning Commission. Said meeting is open to the public. MINUTES RECORDED AND PREPARED BY: CINDY WILKINS, Deputy City Clerk CCMin8/22 Page 7- p i Agenda Item: A-4 Meeing Date: 9/12/95 E e ATASCADERO CITY COUNCIL ADJOURNED MEETING b E AUGUST 29, 1995 4 MINUTES f R The meeting was called to order at 7:00 p.m. in the Club Room. I The Mayor led the Pledge of Allegiance. N ROLL CALL: I Present: Councilmembers Bewley, Johnson, Luna and Mayor Highland r Absent: Councilmember Carden Also Present: Lee Price, City Clerk and Micki Korba, ity Treasurer Staff Present: Brady Cherry, Assistant City Maager/Director of Community Services; Steve Decamp, City Planner; Roy Hanley, Deputy City Attorney; Bud Mcale, Police Chief; Steve Sylvester, City Engineer and John tl, Assistant City Engineer E k 1. ACCEPTANCE OF FINAL TRACT MAP 91006 - 8005 8025 AMAPOA AVENUE - Division of two existing lots into seven parcelsr nging in size from 3,095 sq. ft. to 4,810 sq. ft. for single-family residential use. (Miller/Montanaro) Staff recommendation: Appfeve Continue Steve DeCamp reported that the applicant's final map is incomplete and requested continuance. p SPCC 08/29/95 Page 1 E i Public Comments: David Montanaro, applicant, requested that the project be conditionally denied so that the project could proceed. He reported that he and his partner, Warren Miller (also present), were concerned that they may lose the necessary funding if the project is further delayed. The Deputy City Attorney advised that he was uncomfortable recommending in favor of Mr. Montanaro's request. He explained that the final map has not yet been submitted to the City Engineer for his approval and recommended that the matter be put over. The City Engineer reported that, although the map lines aren't anticipated to change, the drainage calculations have not yet been finalized. He reiterated that there are sensitive drainage issues in the Amapoa-Tecorida area. MOTION: By Councilman Luna, seconded by Councilman Bewley to continue the matter to the next regular meeting on September 12, 1995 motion passed 4:0. 2. CONSIDER APPLICANTS FOR THE CITY'S PLANNING COMMISSION A. INTERVIEWS B. RESOLUTION NO. 82-95 -Appointing three members of the public to the City's Planning Commission The Ci Planning Commission: City Council interviewed the following applicants for the g William Zimmerman, Alice Weaver, Michael Sauter, Richard Randise, Jennifer Hageman, Patrick Dempsey, Douglas Byles, Dennis Bryant and Paul Bross. Following . the interviews, the City Council selected by ballot William Zimmerman, Jennifer Hageman and Michael Sauter. MOTION: By Councilman Luna, seconded by Councilman Bewley to appoint William Zimmerman and Jennifer Hageman to terms of 4 years, five months, and to appoint Michael Sauter to the unexpired term of 3 years, five months; motion passed unanimously. MOTION: By Councilman Bewley, seconded by Councilman Johnson to adopt Resolution No. 82-95 formalizing the appointments; motion passed unanimously. SPCC 08/29/95 Page 2 3. DISCUSSION OF CITY TREASURER APPOINTMENT Staff recommendation: Provide staff direction Brady Cherry and Lee Price provided background and the staff report. It was confirmed that Garry Halstead was not qualified to be appointed as the City Treasurer because he did not meet the minimum requirements of being a resident of the City and a registered voter. It was noted that the Elected City Treasurer had extended her resignation effective date from September 1 to October 1 , 1995. The Deputy City Attorney explained that the Council cannot lawfully make an appointment until after the effective date of the resignation and provided the following options: 1) select one of the other applicants previously interviewed, 2) re-open the recruitment and solicit additional applications, or 3) call a special election. Public Comments: Garry Halstead stated that he is registered to vote and receives mail in Atascadero. He indicated that he did not believe that the City Council could require residency for an appointed position. George Schroff, 8740 El Camino Real, urged the City Council to consider calling a special election to fill the vacancy. ---End of Public Testimony--- The City Clerk responded to brief questions about the projected costs for a special election. By consensus, the City Council directed the City Clerk to re-open the recruitment, re- advertise and schedule interviews before the 30th of October. The City Clerk took direction from Council to implement methods for verifying minumum requirements. THE MEETING WAS ADJOURNED AT 9:00 P.M. THE NEXT MEETING WILL BE TUESDAY, SEPTEMBER 12, 1995 AT 7:00 P.M. 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C Ck ! m i i9 tl ^ �= E C C C C C C C C C C C Q CC C C C C C Q Q Q C C C C C C i I ! ! _ D- F - i= UCLi Ct u 2 ¢.D LJ iL L Lu H., LL C 6 ^u Lt 0 Irk H !LLI U > 0_ :L C C = 3 ` - a. C J C r - - - - LL L9: i .Z - C C - i- L' Z F Y :i 4- C C C C LL LL 1 IX Z C C om- C r.! - tr C C- CC Crf <-C TaL 3Li' cc mCC ¢ > V,MV, m v"In En cr G,. F- . �� >> 3333 fT�PPPPPPt3�PPT `o:PPPPPPPPPPPPP _ — — X' !fn v Mr h p/' n #.;M!'_• •r M N Y• M M iMi it �C: xxm m . v= SSty LrE � `;E=6i L� 4 SL•i Eis >r•u� 6Gm56i ES Y 6-- m '"C Ct: N m CL? IL NC.Pm ^iMC L,-r- N•= P r �r c cCc i t. c. c-C c c s M N •r K r k N' K v M K M 55 .�aEE S C E-->y SS>;'Si' EsSSECaES6 mm'O' .: 5 LC i:,_ a 000008 t REPORT TO CITY COUNCIL Agenda It m: A-6 CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting D te: 9/12/95 From: Brad Whitty, Finance Direct r SUBJECT: Adopting the FY 1995-96 Budget. RECOMMENDATION: Adoption of Resolution 84-95, ap�roving the FY 1995-96 City Budget. `s BACKGROUNDIANALYSIS: Council received a copy of the proposed budget ano reviewed it at a special public hearing on August 16th. Adopting the attached resolution will establish the City' s budget for both operations and capital improvements, for all funds, and willthereby replace the interim budget adopted by Council at their Ju�y 11, 1995 meeting. Changes that were created from the budgot hearing as well as corrections of errors have been distribut*d to you under separate cover. F Total expected revenues are forecasted at $12,832242 while expenditures are $14,374,267. The $1,542,025 outto is primarily due to capital projects that were placed on hold fter the Orange County debacle last year. a The General Fund' s revenues versus expenditures ale balanced but - there is little room for error in the projections The $90,000 contingency reserve is only 1.4% of expenditures. ! The amount should be a minimum $400,000 or 5% of expenditure#. This minimum is the only way the going concern issues will be removed from audit reports, our credit standing increased, andireturn to the road of sustained financial recovery. Therefore, the challenge that lays ahead for the 'itizens, council, and staff is to commit to and secure, tht $400,000 minimum contingency reserve by June 30, 1996. Tho Citizen' s Task Force recommendations will need to be executed quickly once those meetings draw to a close. FISCAL IMPACT R There are no lay-offs or service reductions shownjin the 1995-96 budget. These actions as well as revenue enhancements will be under review by the Citizens Task Force that will 'warrant further action by mid-year review. a:adoption #45 000009 RESOLUTION NO. 84-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A BUDGET FOR THE 1995-96 FISCAL YEAR AND APPROPRIATING FUNDS THEREOF BE IT RESOLVED by the Atascadero City Council as follows: Section One: Pursuant to provisions of the Government Code, a budget is hereby approved, per the attached Exhibit A entitled "Revenues, Appropriations, and Projected Changes in Fund Balance", and as may be amended by City Council for the City of Atascadero for Fiscal Year 1995-96; Section Two: The City Manager or his designee, may transfer appropriations within, but not between, each of the departmental appropriations, as required to achieve the orderly and efficient functioning of the City; and Section Three: The Council, from time to time, by resolution may approve additional appropriations, as they deem necessary. On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby adapted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney OW010 /1 T'T17 Y"F nc ;i FPn EXHIBIT "A" a P ,7^.,.Tit^. C- APnT17-)nn Tf T ATr,I T nl,T CC /�ATT'� T1Pn TL'`-7-t7n ru AAT/^'Fc TAT T1TTT) AT•�_T1/v L' r Std,. L y L._, .,i _. T ,_, PnL _.L. FT CC-A I. t'E�.�.P l s ESTI%AATF._D T1R-' '.L, T' j �'D $F , . PA.T.1 nF F.NTD, AT AA�n'C L• l! { .t L'ilN; tv Al /, Inr lT i T L•�^ I.TO L /Zn /C1C F__.D n�1E , y / 7_, I2_E><F.% L1 FP:.v>.,ES ,, >,,,: : - not n I AnP1ny nine / .cn ; nnni is 67c nro 6 6770 mn�c nn2 .as Tax _ 30 , n r' 1 rro nTo nC n A n 1_ cC Ann hP�f1F y . O1 O13 ? lJ ,,^, 1 n > ?.c � ra t .�rL.8 t 1 1 F ; ,,�,O_ L.F,,,O . S?f n, So 1 n� C 16" 1n D / C Aoo \ An n/�/,1 f, A ,�O 1 .,' 1 il? 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Excavating to construct the Amapoa/Tecorida Interim Drainage Improvements. 4 DISCUSSION: At their meeting of 06/27/95, Council directed Staff to implement in�erim measures to help reduce the flooding potential in the Amapoa/Tecorida basin prior to the onset of the 95/96 winter rains. Subsequently, the City Engineer directed the preparation of plans and specifications for the replacement of certain culverts and the remodeling of the adjacent existing drainage channel at Atascadero Avenue, and for the replacement te a driveway culvert at 7525 Morro Road (Highway 41). The completed plans divide tho work into a Base Bid (Atascadero Avenue) and an Additive No. 1 (Morro Road). c In accordance with Section 7 of the City Procurement and Purchaoing Manual, and in accordance with the Municipal Code Section 2, Chapter 3A, the Ciiy Engineer solicited informal quotations from six engineering contractors who regularly perform work in and for the City. Five contractors responded to the solicitation. A copy of the letter requesting quotations and an itemized Bid Summary are included f�r reference as Attachments A and B. r The bids have been checked for completeness and accuracy. The City Engineer finds 4 the lowest responsible bidder to be A. J. Excavating with a bid of$128,628.01 for the Base Bid and $ 4,000 for Additive No. 1 - a total of $ 32,628.01. t E E F E Report to City Council Meeting Date: 09/12/95 Page 2 FISCAL IMPACT: The projected fiscal impact is as follows: Construction Bid $32,628.01 Contingencies @ 10% 3.262.80 Subtotal $34,890.81 Contract Administration, Staking and Construction inspection @ 12% 4.187.00 Tota[ $39,077.81 The work will be funded from the Amapoa/Tecorida Drainage Impact Fee Fund. ATTACHMENTS: Attachment A - Letter requesting bids Attachment B - Itemized Bid Summary Attachment C - Resolution 86-95 NARDK93104A.SRP 000013 ' —� Attachment A Amapoa/Tecorida Interim Drainage 9/12/ 95 CITY OF ATASCADERO 1918 2 [ 1979 \A' CA"D DEPARTMENT of PUBLIC WORKS August 17, 1995 R. Baker Construction P.O. Box 419 Arroyo Grande, CA 93420 Subject: Amapoa/Tecorida Interim Drainage Improvements Dear Sir: The City of Atascadero is seeking quotations for the subject project under Section Seven "Informal Bidding Procedures" of the PUBLIC WORKS CONSTRUCTION BIDDING PROCEDURES portion of the City Procurement and Purchasing Manual. The quotation will consist of two parts, a Base Quotation and Additive No. 1 . Any combination of the Base Quotation and Additive No. 1 may be awarded. The contractor submitting the lowest quotation responsive will p q be required to enter into a Construction Agreement with the City. The Base Quotation is for the removal of existing culverts under Atascadero Avenue and replacing them with three 30" corrugated plastic pipe (CPP) culverts. Improvements to the drainage channel adjacent to the culverts, construction of concrete headwalls, and placement of rip-rap is also included in the scope of work for the Base Quotation. Additive No. 1 is for the removal and replacement of an existing culvert under a private drive approach at 7525 Morro Road (Highway 41). The City is currently in the process of obtaining a CalTrans Encroachment Permit for this work. The Engineer's Estimate for the Base Quotation is $ 20,600, and for the Base Quotation plus Additive No. 1 is $ 24,500. If you wish to receive a quotation package, please contact the undersigned at (805) 239- 3127. The quotation package contains copies of a Construction Agreement, a Quotation Sheet (Exhibit A of the Construction Agreement), a Contractor's Licencing Statement and a Worker's Compensation Certificate. It also contains a Project Description, a set of Construction Notes, a set of the project Technical Specifications and separate plan sheets for the Base Quotation and for Additive No. 1. 6500 PALMA AVENUE ATASCADERO, CA 93422 (ministration/Engineering:(805)461-5020 w--• 000014 z; August 17, 1995 Page 2 All quotations must be delivered to the undersigned at 725 Creston Road, Suite B, Paso Robles, CA by 5:00 p.m. Friday, September 1, 1995. Very truly yours, John B. Neil Assistant City Engineer cc: Andrew J Takata, City Manager 93104€rm.ata 000015 O o m V m ua w N D Cl C)1 O -i D D 2 _T7 S tNn DCA(O ZY d -i �" -� O� �° C) a n -� m m m O a Cu � n m D x G D a a r - N m r m v s N d < O m CL C'n CD O p O D m j C A G cn mN m d � m < o t0 0 V a N n a < CD m m -i z m :LI m p = o (') z 0 CL s 0 m m _... 3 -1 I m S c tll O D a a Z Z c o CD to O w -n O m > m x r m 8� in D C') D CA m � 4 D W O N o CDa) C) CLo © O m Q j P+ O C� 0 n3i pD 0 0 n D °' p D < a 0 p c (D O D CD O f �mO ... 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O O o N a 00 00 °' 0) m °o p D < a 0 N m c O a D m o m c m ('n N v Z W o 1 C, 2 c 0 0 -+ C) a p - 0 N D N _ Z -1 r r (n m (n 0 n m r m r m 'r (/1 T D T T -< p T D (11 cn T > 3 z b �- rn ? rn co z rn v W v ON rn o O O O O 0 O 0 ED 0 O O C) X > z 0 0 o m o 0 0 0 o m 0 O cn o W 0 o 0 0 0 0 �. O m 0)0 3 = DCA ;o a) n — 0 w m a D rn rn N N ' r N l0 W r .p O 9 NN O O In rn N V W rn m rn rD rn m E N O O N O N oo O 0 W p N0 Z1 O V o o V O (D O 0 w LS O 0 0 0 0 z c to 0 0 0 0 o c o a c o 0 0 0 m 0 cz z D m Xm m z m � o z n D r v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 o c o 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �- CO z_ O D m -4 Z O m m (0 0 O w co a 0 v D con 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 0 0 0 0 0 0 0 0 0 0 0 o c m c 0 0 0 0 0 0 0 0 0 0 0 C Z m D O G7 m 'D N 0 O O O O O O O O 0 0 O o O (� .O-w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m N 000017 i RESOLUTION NO. 86 - 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH A. J. EXCAVATING INCORPORATED FOR AMAPOA/TECORIDA INTERIM DRAINAGE IMPROVEMENTS The City Council of the City of Atascadero, California hereby resolves as follows: 1. The City Manager is hereby authorized to execute an.;agreement with A. J. Excavating Incorporated for $ 32,628.01. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. 4. The City Engineer is hereby authorized to approve contract change orders up to 10% of the contract amount. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 12th of September, 1995. On motion by Councilperson , and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: 000018 Resolution 86-95 Page Two ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P HIGHLAND, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: STEVEN J. SYLVESTER ARTHER R. MONTANDON City Engineer City Attorney 000019 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda lItem: -i--a-8 Through Andrew J Takata Meeting Date: 994,4495 9/12/95 City Manager File N#mber: TTM 91006 From: Steven DeCamp, City Planner E SUBJECT: Acceptance of Final Tract Map #91006 for the creation of seven (7) parcels ranging in _size from 3, 095 square feet to 4,810 square feet. Each of the newly-created lots will be for single-family residential use. The site is located at 8005 and 8025 Amapoa Avenue (Warren Miller/David Montanaro) . h RECOMMENDATION: r Acceptance of Final Tract Map #91006. BACKGROUND: On April 28, 1992, the City Council conducted a p' blic hearing on the above-referenced map and its ' accompanyi#g Zone Change. Council concurred with the Planning Commission' secommendation to approve TTM #91006 subject to the Findings 4nd the Revised Conditions of Approval. All conditions have been Icompleted by the applicant. E Ph\ Attachment: Location Map cc: Warren Miller David Montanaro i i p 000020 f � , t . o D � w O n ri G� N r a Cl) a w. .ems Ob m o 100 4i lb ti QI 1 Q Y C O ti Ot0 -' Y• •s y� �p Z Z � n s N • D n n �r , O D C .- Z 000021• 9 REPORT TO CITY COUNCIL Meeting Date: 09/12/95 CITY OF ATASCADERO Agenda Item : A-9 Through: George P. Highland, Mayor From: Lee Price, City Clerk ^ i v I SUBJECT: City Council approval of excused absences (Councilman Carden) RECOMMENDATION: Excuse Councilman Carden's absences from the September 12th and September 26th regular City Council meetings. i BACKGROUND: Councilman Carden will be out of the state on business on September 12th. He will be in the state, but out of town, on business September 26th. Government Code Section 36513 stipulates that "if a cit} councilman absents himself without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he attended, his of,Fice becomes vacant and shalt be filled as any other vacancy". Permission to excuse the absences is hereby recommended. i 1 000022 E p�p 6 s RXFORT TO CITY COUNCIL CITY OF ATASCADERO Item Nod B-1 Through: Andy Takata, City Manager MeetingjDate: 9-12-95 File �0: GPA 94-006 From: Steven L. DeCamp, City Planner { T• Adoption of the "Economic Development Element" of �he City's General Plan. RX ION Staff recommends that the City Council adopt Resolotion 15-95 amending the City' s General Plan by adoption of an! Economic Development Element. KGROUND• E On August 8, 1995, the City Council held a public iearing on the draft Economic Development Element as presented ani recommended for adoption by the Planning Commission. At then nclusion of your hearing, staff was directed to modify the drat document by the inclusion of new language suggested by the Eco omit Round Table and by the Council. Because these suggested additions did not constitute substantial revisions of the draft document, it was not referred back to the Planning Commission f{ r further consideration. The draft Economic Development Element has been revised per your direction and is now ready for adoption. As indic ted at your previous hearing, the technical appendices are notrecommended for adoption as part of the General Plan and are, herefore, not attached to the draft Element at this time. ATTACHMENT: Resolution No. 15-95 E k F k f E 000023 ATTACHMENT A DRAFT RESOLUTION NO. 15-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT OF THE GENERAL PLAN BY ADOPTION OF AN ECONOMIC DEVELOPMENT ELEMENT (GPA 94-006; City of Atascadero) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City's General Plan which was adopted to guide the City' s growth and development would benefit from the addition of an Economic Development Element; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearings on the subject amendmentwhich began on February 21, 1995 and concluded on June 20, 1995 and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council oftheCity of Atascadero finds as follows: 1 . The proposed General Pian Economic Development Element recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2 . The adoption of the proposed General Plan Economic Development Element will not have a significant adverse affect on the environment . The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment 94-006 as follows : 1 . Amendment to the General Plan text by adoption of an Economic Development Element as shown in the attached Exhibit A. 000024 Resolution No. 15-95 psi 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES : NOES : ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: GEORGE P . HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, City Planner • 000025 I ��,bGl�UH�i11 a lrn III /��, IIIiI'III i fl II�;II II I(�i�i,I �r IIIA.I.I,�6�Ilhildhl � � I I I I ''ll II1 I I 'i I I UII IIIlIA II II III I'lll' �; II I I III III �lii �I I` I I II III Ii IIII Ii 1 CITY OF ATASCADERO GENERAL PLAN T! — I�III� � I VIII IIII �I ' I l I I��I �` I,I I�(��I I �ISI��I ��NPOR Ia, F I EQUNOMIC, iVELOPMENT • CITY OF ATASCADERO GENERAL PLAN ECONOMIC DEVELOPMENT ELEMENT ADOPTED BY THE CITY COUNCIL SEPTEMBER 12, 1995 00002'7 ECONOMIC DEVELOPMENT ELEMENT CITY COUNCIL George P . Highland Mayor Ray Johnson Mayor Pro Tem Harold L. Carden III R. David Bewley George Luna PLANNING COMMISSION Robert Johnson Chairman Roger Miller . Vice-Chairman Chris Bonnema Sid Bowen Jim Edwards Mike Messer Donna Wallace STAFF Andrew J. Takata City Manager Henry Engen Community Development Director Steven L. DeCamp City Planner Douglas Davidson Senior Planner Gary Kaiser Assistant Planner 000028 ECONOMIC DEVELOPMENT ELEMENT TABLE OF CONTENTS PAGE A. BASIC COMMUNITY GOALS X-1 B. MUNICIPAL POLICIES TO PROMOTE AND SUSTAIN ECONOMIC DEVELOPMENT GOALS X-2 C. PROMOTION OF SPECIFIC ECONOMIC DEVELOPMENT PROJECTS X-4 D. OVERALL SUPPORT FOR RETAIL AND SERVICE COMMERCIAL BUSINESSES X-4 E. DOWNTOWN CORE AREA X-5 F. SUPPORT THE DEVELOPMENT OF INDUSTRIAL LAND AND PROFESSIONAL PARKS X-7 TECHNICAL APPENDICES • BUSINESS CLIMATE ASSESSMENT MARKET ANALYSIS OF RETAIL, TOURISM, AND INDUSTRIAL BUSINESS OPPORTUNITIES PROMOTION OF ENTREPRENEURSHIP, BUSINESS DEVELOPMENT, AND JOB GROWTH 000029 • X. ECONOMIC DEVELOPME14T ELEMENT During most of the twentieth century communities and their political leadership have taken a laissez-faire attitude toward business development within their communities. The attitude has been that cities would provide basic public services and that businesses would operate independently within the framework of these services to provide necessary goods and services to local residents . While this basic policy paradigm has worked well during most of the century, changes in the national and international economy have made it necessary for communities to develop a more pro-active attitude in support of existing businesses, entrepreneurs and local industry. The development in this century of modern transportation and communication technologies have changed the way goods and services are manufactured, distributed and purchased. The continued rapid development of these technologies and increasing competition between communities regionally, nationally and even internationally no longer guarantees that individual communities can maintain their economic position without significant effort and attention to the business community. In large part, because of state-wide tax policies, communities that lose their economic base as a result of the competition for retail sales, commercial services and industry, will be penalized. The penalty will be shortage of revenue for necessary public services, the possibility of high local unemployment, vacancies in commercial and industrial buildings, and a general reduction in the quality of life. A. BASIC COMMUNITY GOALS The City of Atascadero shall act to promote the economic health and vitality of its businesses to insure the creation of jobs, the promotion of entrepreneurial efforts, and to generate adequate tax revenue for public services . Toward this end the following goals, though not prioritized, are basic to the maintenance of the overall quality of the local economy: 1 . Protection and promotion of the overall commercial service and retail business sectors of the local economy to promote local patronage, strong performance in satisfying local demand for goods and services, and the creation of entry level jobs. 2 . Promotion of the downtown core area to preserve its historic function as the City' s commercial center, to improve the community' s entertainment and recreation attractions, and to X-1 000030 promote tourism and the traveler industry as a growth industry in the community. • 3 . Recruitment of new commercial services and business enterprises which will broaden the City' s economic base, improve the local availability of goods and services, and improve and promote the economic viability of existing businesses . 4 . Support for the development of industrial areas that lead to the recruitment or development of high technology, emerging technology, and professional service businesses that will provide the community with a base of moderate and high salary career-oriented jobs . 5 . To provide the resources from business activity and increasing tax revenues to support the community' s high level of environmental, social, and educational quality, and to maintain and improve the City' s infrastructure. B. MUNICIPAL POLICIES TO PROMOTE AND SUSTAIN ECONOMIC DEVELOPMENT GOALS Changes in national and international economy have made it necessary for communities to develop a more pro-active attitude in support of existing businesses, entrepreneurs, and local industry. The following policies are hereby adopted by the City Council of the City of Atascadero as part of the General Plan to improve the local economy: 1 . DEVELOPMENT OF A LOCAL ECONOMIC DEVELOPMENT COMMISSION (a) Duties The Economic Development Commission will be organized, • directed, and responsible to the City Council. The Commission will replace the current Economic Round Table. The commissioners will meet monthly to discuss progress in meeting economic development goals, to formulate economic development strategies, and to direct staff activities . The Commission will be responsible for periodic reports to the City Council summarizing the state of the local economy. (b) Staff The Commission should be staffed by an economic development professional or executive director. 2 . DEVELOPMENT OF A PRO-BUSINESS COMMUNITY IMAGE The business license office is the one arm of the City that has annual interaction with all businesses in the community X-2 000031 promote tourism and the traveler industry as a growth industry in the community. 3 . Recruitment of new commercial services and business enterprises which will broaden the City' s economic base, improve the local availability of goods and services, and improve and promote the economic viability of existing businesses . 4 . Support for the development of industrial areas that lead to the recruitment or development of high technology, emerging technology, and professional service businesses that will provide the community with a base of moderate and high salary career-oriented jobs . 5 . To provide the resources from business activity and increasing tax revenues to support the community' s high level of environmental, social, and educational quality, and to maintain and improve the City' s infrastructure. B. MUNICIPAL POLICIES TO PROMOTE AND SUSTAIN ECONOMIC DEVELOPMENT GOALS Changes in national and international economy have made it necessary for communities to develop a more pro-active attitude in support of existing businesses, entrepreneurs, and local industry. The following policies are hereby adopted by the City Council of the City of Atascadero as part of the General Plan to improve the local economy: 1 . DEVELOPMENT OF A LOCAL ECONOMIC DEVELOPMENT COMMISSION (a) Duties The Economic Development Commission will be organized, directed, and responsible to the City Council'. The Commission will replace the current Economic Round Table. The commissioners will meet monthly to discuss progress in meeting economic development goals, to formulate economic development strategies, and to direct staff activities . The Commission will be responsible for periodic reports to the City Council summarizing the state of the local economy. (b) Staff The Commission should be staffed by an economic development professional or executive director. 2 . DEVELOPMENT OF A PRO-BUSINESS COMMUNITY IMAGE The business license office is the one arm of the City that has annual interaction with all businesses in the community X-2 000031 and especially with new businesses . The office should be oriented for the following services : (a) providing information to businesses (especially new businesses or start-ups) on local resources businesses can access to support their success; (b) maintaining data on businesses that is useful for economic development purposes; and (c) interacting with businesses in a positive, customer oriented manner. 3. DEVELOPMENT OF A CONSUMER ORIENTED ATTITUDE BY ALL DEPARTMENTS OF THE CITY In differing degrees, the staff in other departments of the city interact with businesses and community residents . Staff in every department should emphasize a consumer oriented attitude. A priority should be placed on assisting businesses and business development as problem solvers, rather than regulators . 4 . IMPLEMENTATION OF A REDEVELOPMENT AGENCY A redevelopment agency is a powerful economic development tool that the City shall use. Areas such as the downtown and industrial areas will need long-term community support to become economically successful . The City shall use the redevelopment mechanism to promote its economic success and obtain funding for economic development programs . 5 . SUPPORT AND PROMOTION OF THE CITY' S INDUSTRIAL AREAS Development of the City' s industrial areas will benefit from active promotion.. Industries to be attracted should include those that will improve the City' s economic base and support and/or augment existing businesses. Promotion of industrial areas can be accomplished by the Economic Development Commission. A Redevelopment Agency can acquire and assemble land and provide beneficial infrastructure improvements to enhance the marketability of the land. 6 . SUPPORT AND PARTNERSHIP WITH OTHER CITY ECONOMIC AND BUSINESS ORGANIZATIONS The City' s economic development program will be most successful when it operates as a team effort and is inclusive of City staff, the Chamber of Commerce, the Business Improvement Association (BIA) and other organizations interested in assisting the community' s businesses . The Economic Development Commission should also X-3 00003210 form close ties with county-wide organizations such as the Private Industry Council, the San Luis Obispo Visitor and • Conference Bureau and the County' s Economic Vitality Corporation. C. PROMOTION OF SPECIFIC ECONOMIC DEVELOPMENT PROJECTS The City of Atascadero will promote specific economic development projects that should have immediate benefit to the, City such as sales tax generators . These projects should have high economic development priority and support . The City may take the following actions to promote the development of these projects . 1 . SITE SELECTION The City shall identify sites for those projects that the community feels are best suited for development . Within the context of available resources and in partnership with owners, qualified developers and builders, the City shall support the preparation of proposed sites for immediate development for the purposes specified by providing as much assistance as fiscally prudent for preparing environmental studies, and constructing needed infrastructure improvements . 2 . RECRUITMENT • The City' s Economic Development Commission and staff shall formulate targeted recruitment strategies for those projects using the marketing information in the technical reports attached to this Element as well as other directories and resources . The recruitment strategy should include financing assistance. D. OVERALL SUPPORT FOR RETAIL AND SERVICE COMMERCIAL BUSINESSES The City shall participate in programs to promote the overall health and performance of the retail and service business sectors of the local economy. 1 . RECRUITMENT The Economic Development Commission shall prepare a marketing and recruitment plan that targets businesses that offer goods where demand is not satisfied locally. In addition, the Commission shall recruit those businesses whose goods and services satisfy a regional market as a means of bolstering the local economy and improving shopping opportunities . 0 X-4 000033 (a) Chain Store Retailers The recruitment effort should make use of retail chain store directories to target those chain stores that fit best with available site locations and market demand for specific goods . (b) Independent Retailers This recruitment effort should target successful regional independent retailers that might be interested in locating a second or additional store in Atascadero. Independent retailers will often need financial incentives to relocate. The recruitment effort may be able to assist in obtaining or provide information on grants, low interest loans, rental write-downs, or other incentives to targeted businesses . The business recruitment effort may benefit from a partnership or cooperative effort with private business incubators in recruiting and locating new business enterprises. 2 . PREPARE A RETAIL, SERVICE COMMERCIAL, AND OFFICE SPACE INVENTORY OF ATASCADERO This inventory would be a valuable planning tool for the Economic Development Commission, Redevelopment Agency, and other City departments . Such an inventory can also be made . available for distribution as part of a marketing or promotion program. This inventory shall be maintained and updated as necessary to retain its utility as a planning tool . 3. ENCOURAGE IN-FILL DEVELOPMENT OF RETAIL INVENTORY Within the boundaries of approved commercial zones, the City should encourage in-fill, redevelopment, recruitment of new stores to fill vacancies, and the formation of clusters of synergistic stores . 4 . SUPPORT THE LOCAL PURCHASE OF GOODS AND SERVICES BY THE CITY The City shall establish a policy and procedures for giving preference to local suppliers of those goods and services required for the operation of the City. To facilitate this policy direction, the City shall maintain a list of local providers of goods and services, and shall actively recruit additions to the list . E. DOWNTOWN CORE AREA valuable to The revitalization of the downtown care area is v a X-5 000034 development of a healthy tourism industry in the community and is a way of preserving the historic social, cultural, , and commercial • core of the City. Economic development and redevelopment projects within the downtown core area shall be undertaken in conformance with the policies contained in the Downtown Element of the City' s General Plan. 1 . RE-AFFIRM A VISION STATEMENT FOR THE DOWNTOWN CORE AREA Invite the BIA, downtown businesses, property owners, and the Chamber of Commerce to assist in affirming a vision statement for the downtown core that emphasizes the development of business, specialty retail, restaurants, and tourist attractions as part of any overall plan to recreate the downtown as an entertainment center. 2 . DEVELOP TOURIST ATTRACTIONS IN OR NEAR THE DOWNTOWN CORE AREA Develop a plan to finance and operate the Atascadero Recreation Center and Stadium Park Amphitheater projects to utilize these facilities as tourist attraction. Consider leasing both facilities to for-profit business operators . 3 . SUPPORT REDEVELOPMENT OF THE DOWNTOWN CORE Continue to provide support for the redevelopment, where practicable, of buildings of historic significance within • the downtown core for use as restaurants, specialty retail stores, art galleries, second floor residential occupancies, and other appropriate mix of uses . 4 . SUPPORT CIRCULATION IMPROVEMENTS IN AND AROUND THE DOWNTOWN The City shall continue to support those transportation and circulation improvements, such as the Lewis Avenue Bridge and the Highway 41 extension and ramp improvements at the US Highway 101 interchange, to assure the continued viability of downtown core businesses and tourism attractions . 5 . REDEVELOP THE JUNIOR HIGH SCHOOL SITE In conformance with the Downtown Element of the General Plan, the City, the Redevelopment Agency, and, the Atascadero Unified School District shall explore alternative land uses for the property currently occupied by the Junior High School . Uses compatible with the downtown core might include retail, services, offices, institutional, open space, and residential, or some mix of such suitable uses . • X-6 000035 6. CREATE A REVOLVING LOAN FUND TO ASSIST BUSINESS DEVELOPMENT IN THE CORE AREA. Use a revolving loan fund (possibly capitalized with Community Development Block Grant funds) to provide low-interest loans and first year rental discounts as incentives for targeted retail or service businesses . F. SUPPORT THE DEVELOPMENT OF INDUSTRIAL LAND AND PROFESSIONAL PARKS The City shall actively support the development of all of the industrially-zoned land in the City, including support for modern business/professional parks with emphasis on the recruitment of high technology businesses . Efforts should be made to act in partnership with California Polytechnic State University research, and similar training programs, including business incubators, to promote the development of commercial applications of basic research as businesses in these parks . Development of other industrial land for light manufacturing and other appropriate uses shall be supported. 1 . REMOVE RETAIL USES AS ALLOWABLE USES IN THE INDUSTRIAL PARK ZONE Allowing retail sales as a principal use in industrial zones decreases the already limited amount of space available for base or industrial uses . The Zoning Ordinance shall be . amended to provide for permitted uses which are consistent with the purpose of these zones as defined in the Land Use Element. Retail sales which are incidental or subordinate to industrial or manufacturing uses may, however, be allowed. 2 . TAKE STEPS TO PREPARE THE AREA FOR EXPEDITED DEVELOPMENT (a) Site Plan Work in partnership with developers to create a conceptual site plan for the industrial/professional parks . (b) Utilities and Environmental Studies Construct necessary sewer lines to serve the areas and prepare the necessary environmental studies to address significant environmental impacts, so that individual projects can receive quick approval under a negative declaration, or tiered Environmental Impact Report (EIR) , determination. X-7 • 000036 (c) Negotiate Purchase Agreement Options . Negotiate an option price with the respective owners of the properties in the area zoned for industrial/professional park development . 4 . DEVELOP AN AGGRESSIVE RECRUITMENT PLAN Prepare an aggressive recruitment plan for targeting industries listed in the market analysis . The marketing plan should emphasize rapid land use and building permit processing and specific quality of life aspects of the Atascadero area that will attract individual corporate managers and Chief Executive Officers . 5 . SUPPORT DEVELOPMENT OF INCUBATOR FACILITIES Support the creation of incubator facilities within the industrially-zoned lands and/or professional parks . These projects might be joint efforts with developers to promote university research-oriented commercial business applications . 6. PREPARE AN INDUSTRIAL SPACE INVENTORY OF ATASCADERO This inventory would be a valuable planning tool for the • Economic Development Commission, Redevelopment Agency, and other City departments . Such an inventory can also be made available for distribution as part of a marketing or promotion program. This inventory shall be maintained and updated as necessary to retain its utility as planning tool . 7 . SUPPORT DEVELOPMENT OF EDUCATIONAL/RESEARCH FACILITIES Areas suitable for professional parks may also prove to be suitable for the development of educational facilities . Where appropriate within industrial/professional park zones, the City shall also support the establishment of educational and/or research facilities . Such facilities could include institutions such as a branch college campus, or other research or industrial support facilities . 00003'7 i REPORT TO CITY COUNCIL Meeting Date: 08/22195 CITY OF ATASCADERO Agenda Item: c-1 I Through: Andrew J Takata, City Manager Via: Steve Sylvester, City Enginee % From: John Neil, Assistant City Engineer i SUBJECT: s Request for a waiver of Amapoa/Tecorida Drainage Impact Fees ford the construction of an addition to the residence at 8300 Coromar Avenue (Eckles). RECOMMENDATION: E Staff recommends that the City Council deny the request for a waivor of Amapoa/Tecorida Drainage Impact Fees. DISCUSSION: Council adopted Ordinance No. 117 on February 24, 1986. Thep rpose of the ordinance is to impose and collect a fee on the e constructionof new rexpanded residential an non-residential projects within the Amapoa/Tecorida e rea in order to construct public facilities to mitigate drainage problems caused by n�w development. A Development Fee Task Force appointed by the Council reviewed the cost of capital improvements required to offset the impacts of new development. The`Task Force found the costs to be reasonable for the level of service provided anfd that the method of levying fees was equitable. E F Resolution 9-86 was adopted by Council on February 24, 1986 alto ed for the implementation of the fees pursuant to Ordinance 117. Resolution No. 98-86 amended certain portions of Resolution No. 9-86 to specifically address additions, accessory uses and large single family, residential lots. The residence at 8300 Coromar Avenue is included in the Amapoa/f ecorida fee assessment boundary. Storm water run-off from this residence flow$ along Coromar and San Andres Avenues eventually discharging into the existing culverts under Highway 101 at Marchant Avenue. These culverts have been identified in the Amapoa/Tecorida Master Drainage Study as having inadequate capocity to handle peak flows from the fully developed basin during a 10-year storm evont. The creation of additional impervious area on the parcel through the construction Of an addition will increase the flows to these undersized facilities. i 000038 The amount of the fee can only be altered pursuant to an agreement approved by the Council (Chapter 9, Section 3-9.09-Municipal Code). The subject residence does not qualify for any of the exceptions allowed by Chapter 9, Section 3-9.10 of the Municipal Code. FISCAL IMPACT: Granting the request for a waiver of fees for the subject residence will result in a loss of revenue in the amount of$535.68 for the Amapoa/Tecorida Drainage Impact Fee fund. Granting a waiver of fees for this residence could possibly result in additional requests for waivers and/or refunds. Granting waivers would reduce revenues while granting refunds would reduce the existing fund balance. ATTACHMENTS: Attachment A - Letter dated July 15, 1995 from Timothy C. Eckles requesting a waiver of A/T fees. Attachment B Exhibit showing the location of the Eckles residence in the Amapoa/Tecorida fee assessment area Attachment C - Ordinance No. 117 enacting a fee for the Amapoa/Tecorida /Teconda drainage area Attachment D - Resolution No. 9-86 relating to the implementation of Amapoa/Tecorida Development Impact Fees pursuant to Ordinance No. 117. Attachment E - Resolution No. 98-86 amending certain sections of Resolution No. 9-86. N:UBN\ECKLES.RPT 000039 Dfty ,.1Ut. 2 '0 1995 ATTACHMENT A COMMUNI DEVELOMMENT Honorable Mayor George Highland July 15, 1995 I am a property owner and resident of an original Atascadero Colony home since 1985. I recently paid for approved building plans including a fee for Amapoa - Tecorida Drainage. Those fees more than doubled the cost of my permit, (see attached) . I have consulted City Engineer John Neil and 'City Manager Andy Takata. They both formally describe my parcel as within the Amapoa Tecorida Drainage. It was suggested by both of these gentlemen to appeal to the city council. The majority of water or drainage onto my property is retained by responsible landscaping and percolation. My property is 1 .2 miles from Amapoa and Tecorida streets. Drainage off of 'my property initially pools at the south east corner of Coromar and Curbaril against the freeway. A culvert system brings it north along freeway 101 climbing out of several approximately fifty foot depression(s) on both sides of Curbaril at Coromar, the north termination of Coromar at Marchant and Marchant at the south end of Azucena. Finally at the north end of Azucena and Marchant a Portion of this drainage feeds into an existing open creek eventually passing into the Tecorida area. More of the drainage would successfully drain directly into Atascadero Creek but the culvert at Morro Road and Marchant at freeway 101 is undersized since the 1954 construction of the freeway. The distance from Azucena to Morro Road and Marchant is one tenth of a mile. This area was formerly impacted with a building, moratorium under County jurisdiction. Quite obviously it is 'a wet land area. Shortly after Atascadero incorporated the moratorium was lifted. As I write this letter new construction is continuing on Tecorida. Foundations of new homes must consequently be ,built up directly compounding the problem with their runoff on to older existing properties on Amapoa and Tecorida streets. The existing problems of Amapoa and Tecorida are not fairly* or adequately mitigated with the present resolution. It in fact adversely and unfairly impacts my pending and future building plans. I have gone to great lengths and expense in maintaining my properties appeal as one of the original colony homes. I respectfully ask that you would consider the following request for present or future Amapoa - Tecorida assessment on my property. Reconsider joining of my property into Amapoa - Tecorida Flood Basin. Scale back assessment of my properties actual drainage impact on Amapoa - Tecorida Flood Basin. Waive or reduce my current or future Amapoa - Tecorida drainage fees. R �7AWS Respectfully,Timothy C Eckles 8300 Coromar Rd. , Atascadero JU461-0656 CfiY Of?0 000040 • 1 1 - � ',' �.� �� ♦ ,��� � � ♦yrs '�� ��� ��� 11111��� �,��`���� ���� •�� ATTACHMENT C r • ORDINANCE NO. 117 , AN ORDINANCE OF THE CITY OF ATASCA,DERO ADDING CHAPTER 9 TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODE ENACTING A FEE FOR THE AMAPOA - TECORIDA DRAINAGE AREA WHEREAS ,historically, the Amapoa - Tecorida area in the City of Atascadero has been subject to flooding and flooding problems during rainy seasons; and WHEREAS , residential and non-residential development in the Amapoa - Tecorida area have a great impact on drainage/run-off in the area; and WHEREAS , a mechanism is necessaryto provide improvements as a result of incrasedresidentialPandlnonnresiden- tial development in the Amapoa - Tecorida area such that the im- pact of new development will be borne equitably ', by that new devel- opment, and WHEREAS , The City of Atascadero as a general law city in the State of California has the power to impose valid regulatory fees pur-suant to the California Constitution, Article XI, Section 7; and WHEREAS , A Development Fee Task Force Cit has carefully evaluated the costs attributabledtoytheeimpactCcil ofnnew development in the Amapoa - Tecorida area as documented in their 1986 report to the City Council; and WHEREAS , The Development Fee Task Force has recommended that fees be levied which do not exceed the reasonable cost of providinthe necessary services . g PART 1 .. Chapter 9 is added to Title 3 of the Atasca ero Municipal Code to read as follows - CHAPTER 9 AMAPOA - TECORIDA DRAINAGE FEE Sections : Title of Section: 3-9. 01 Title 3-9 . 02 Purpose and Intent 3-9 . 03De_i�• r_itior_s 3- 9 . 04 Stand � Standards for Fees 000042 3-9 . 05 Issuance of Regulations and Setting- of Fees 3-9.06 Adjustment to Fees • 3-9 . 07 Limitations on Use 3-9 . 08 Payment of Fee 3-9 . 09 Alternative Payment 3-9 . 10 Exceptions 3-9 . 11 Construction Prohibited 3-9. 12 Refund of Fee 3-9 . 13 Effective Date 3-9. 14 Severability Section 3-9 . 01 : TITLE: This Chapter shall be known and may be cited at the "Amapoa - Tecorida Drainage Fee Ordinance. " Section 3-9. 02:PURPOSE AND INTENT: The purpose of this Chapter is to impose and collect a fee on the construction and occupancy of new or expanded residential and non-residential projects within that area of the City of Atascadero known as the Amapoa - Tecorida area, which fees shall be imposed for the sole purpose of constructing public facilities to mitigate drainage problems due to the impact of new development in the Amapoa - Tecorida area. Section 3-9. 03 : DEFINITIONS: In addition to the definitions contained in Section 3-7 . 03 of this Title , the following terms shall have the following meanings when used in this Chapter. (a) "New Development" shall include all residential , commer- cial, or non-residential development in the Amapoa - Tecorida area. (b) "Capital Improvements" are any public facilities includ- ing drainage channels , culverts , and the like Funded through the City' s Amapoa - Tecorida Drainage Impact Fee budget. (c) "Costs of Capital Improvements" includes all costs re- lated to acquisition, construction, repair, and financing but does not include costs of routine maintenance. (d) "Amapoa - Tecorida Drainage Area" shall mean that area as set forth in the official map filed in the Engineering Depart- ment of the City of Atascadero , a copy of v-ihich is attached to this Ordinance as Exhibit A and made a part hereo*. -2- 000043 Section 3-9 . 04 : STANDARDS FOR FEES : Any fees imposed pursuant to this Chapter shall bear a reason- able relationship to the costs associated with the capital improve- ments which need is generated by such development in the Amapoa- Tecorida Area. Section 3-9. 05 : ISSUANCE OF REGULATIONS AND SETTING OF FEES : The City Council shall from time to time by resolution, issue regulations and set fees for the administration of this Chapter. Section 3-9. 06 : ADJUST?•ANT TO FEES.: The rates upon which the fees are based may be adjusted as of July 1 of each year to reflect changes in building costs as deter= mined in the revised Consumer Price Index for all Urban Consumers for Los Angeles-Long Beach, California Area, for all items (1967- 100) , as published by the United States Department of Labor, Bureau of Labor Statistics for the period between the year immediately preceeding July 1 of each year. In calculating any increase , the most current index available immediately preceeding July 1 of each year shall be used. In the event that the index is unavailable , is no longer published,g p e or is calculated on a significantly diff g y different nt basis following the date of -the enactment of this Ordinance the r most comprehensive official index published which most closely ap- proximates the rate of inflation shall be substituted in place of the aforesaid index. Section 3-9 . 07 : LIMITATIONS ON USE : (a) All fees collected pursuant to this Ordinance shall be placed in a capital outlay fund described as the Amapoa - Tecorida Drainage Impact Fee fund and used only to pay for costs of capital improvements as defined herein. The capital outlay fund shall be divided into as many sub-funds as shall be necessary to separately assess and collect fees for single-family residential development , multi-family residential development, and commercial/industrial development. (b) The amount of fees collected pursuant to this Ordinance shall be limited to that portion of the cost which is reasonably attributable to the impact generated by new development in the Amapoa - Tecorida Drainage area. Section 3-9 . 08 : PAYHENT OF FEE : Any applicant for a building permit For neva development in the Amapoa - Tecorida Drainage area shall pay a development fee in con- -3- i 000044 �unction with payment of the building permit fee. The fee shall e payable at the Building Division, City Fall , Atascadero , Califor- mia, prior to the issuance of a building permit. The fee for a mobile home space shall be paid prior to the issuance of the first permit for the construction of such space or if such construction is performed without a permit , at the time the construction is commenced. Section 3-0 . 09 : ALTERNATE PAY11ENT: The amount of the payment of a Development Impact Fee and the timing thereof, can only be altered pursuant to an agreement ap- proved by the Council of the City of Atascadero. Section 3-09 . 10 : EXCEPTIONS : There is excepted from the fee imposed by this Chapter the following: (a) The construction of a building, structure , or mobile home which is a replacement for a building or mobile home being demol- ished or moved from .that parcel of land. The exception shall equal but not exceed the fee which would be payable hereunder , if the building or mobile home is a replacement or new construction. If the fee imposed on the replacement or new construction exceeds the amount of this exception, such excess shall be paid pursuant to r this Chapter; 9 (b) When imposition of such tee would be in violation of. the Constitution of the laws of the State of California, County of San Luis Obispo , or the City of Atascadero; (c) A condominium project converting an existing multi-family building into condominiums where no new dwellings are added or created, and no new building permit -fees are sought for any addi- tional construction; (d) Any rebuilding of a structure destroyed or damaged by fire , explosion, act of God, or other accident or catastrophe which rebuilding does not increase the original gross building area. If such increase does occur, the increase shall be subject to the fee as imposed by this Chapter; (e) Any rebuilding of a historical building recognized, ac- knowledged, and designated as such by the City Planning Commission or City Council of this City; (f) The constuction of any building by the City of Atasca- dero , or the United States or any department or agency thereo , -4- 0000,45 or by the State of California or any department ,` agency, or political subdivision thereof, or any residential or non-residen- tial development where the City Council finds there are specific over-riding fiscal, economic , social or environmental factors bene- fiting the City which, in the sole judgment of the City Council , would justify the approval of such development without the payment of the fee provided by this Chapter. Section 3-9. 11 : CONSTRUCTION PROHIBITED: It is unlawful for any person to erect , construct, enlarge , alter, repair, move , improve, make, put together, or convert any building or structure of the City, or attempt to do so , or cause the same to be done, without first paying the fee imposed by this Chapter. Section 3-9 . 12: REFUND OF FEE: If the building permit approval is vacated or voided, and if the applicant so requests in writing, there shall be a refund of the entire fee as set forth in this Chapter. Section 3-9. 13 : EFFECTIVE DATE : The fees imposed by this Chapter shall be applicable with re- spect to building permits for construction activities applied for on or after thrity (30) days from the passage of this Ordinance. Section 3-9 . 14 : SEVERABILITY: If any section, sub-section, sentence, clause , or phrase of this Ordinance is for any reason held to be invalid or unconstitu- tional by the decision of a Court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Chapter. PART 2 . The City Clerk shall cause this Ordinance to be published in the Atascadero News ,; a newspaper of general circulation, printed, published, and circulated in this City , once within fifteen (15) days after its passage , in accor- dance with government code Section 36933 ; shall certify_ the adop- tion of this Ordinance; and shall cause this Ordinance and certifi- cation to be entered into the Book of Ordinances of this City . i 000046 On motion by Council Member Molina and seconded by Council Member MacKey t e follow- ing Ordinance is hereby adopted in its entirety on the following • roll call vote: ADOPTED: 2/24/86 AYES Councilmembers Handshy, Mackey, rolina & Mavor Nelson NOES Councilwoman Morris ABSENT Pone ATTEST- , i ROBERT M; ONES , City Clerk ROLFE NEL N , Mayor APPROVED AS TO FORM: APPROVED AS To CONTENT: ROBERT M. JONES , City Attorney MICT9 L SHELTON, C ty i-Ianager -6- 000047 �—' ATTACHMENT D RESOLUTION NO. 9-86 A RESOLUTION OF THE COUNCIL. OF THE CITY OF ATASCADERO RELATING TO THE IMPLEMENTATION. OF THE AMAPOA-TECORIDA DEVELOPMENT IMPACT FEE PURSUANT TO ORDINANCE NO. 117 WHEREAS , the City Council of the City of Ataseadero has adopted Ordinance No. 117 known as the Amapoa-Tecorida Development Impact Fee Ordinance, and WHEREAS, Section 3-9.04 and 3-9 .06 of Ordinance No. 117 provides for the adoption of a fee schedule required to be paid by developers in the specified area. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The following fee schedule shall be effective 30 days after passage of said Ordinance. a) The development or construction of residential or non- residential buildings, and the person causing such to be constructed shall pay a fee in the amount of : Commercial & Multifamily: $3 ,343 per cubic feet per second of runoff based on 3 cfs per acre;, and Single Family: $2,996 per cubic feet per second of runoff, based on 1. 8 cfs per acre. The Development Impact Fee Report is hereby identified and incorporated as a part of this resolution. b) All developments which were previously conditioned for deposits pursuant to Resolution No. 42-85 shall pay this fee as meeting the obligation of contribution to the future drainage improvements and will be, payable upon notice after passage. Appropriate credits may be applied as determined by the Director of Public Works. On motion by Councilman Molina and seconded by COIJnCl wnwp Mackey the foregoing resolution is hereby adopted in itstsentire y y t e following vote: AYES: Councilmembers Handshy, Mackey., Molina Mayor Nelson NOES: Councilwcman Norris ABSENT: None DATE ADOPTED: 2/24/86 000048 (Res . No. 9-'86) ATTEST:� . rj ROBERT M. .:JONES ROLFE IELSON, Mayor l City Clerk, APPROVED AS TO CONTENT APPROVED AS TO FORM -2iEbd PAUL M. SENSIBAUG ROBERT M. HONES Director of Public Works City Attorney City Engineer 2 000049 ATTACHMENT E RESOLUTION NO.. 98-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CERTAIN SECTIONS OF RESOLUTION NO. 9-86 RELATING TO THE AMAPOA- TECORIDA DEVELOPMENT IMPACT FEE WHEREAS, the City Council of the City of Atascadero has adopted Ordinance No. 117 known as the Amapoa-Tecorida Development Impact Fee Ordinance, and WHEREAS, Section 3-9.04 and 3-9.06 of Ordinance No. 117 provides for the adoption of a fee schedule required to be paid by developers in the specified area. NOW THEREFORE, BE IT RESOLVED THAT: 1. The following fee schedule shall be effective 30 days after passage of said Ordinance. a) The development or construction of residential or non- residential buildings, and the person causing such to be constructed, shall pay a fee in the amount of: • Commercial and Multifamily: $3,343 per cubic feet per second of runoff based on 3 cfs per acre, and Single Family: $2,996 per cubic feet per second of runoff, based on 1. 8 cfs per acre, on lots one acre or less. b) The development or construction of residential or non- residential additions or accessory uses to- existing buildings, and the person causing such to be constructed, shall pay a fee in the amount of: Commercial and Multifamily: $0 .58 per sq.ft. of building addition or accessory use, or the square footage that exceeds 40% coverage of the square feet of land area whichever er is less. If the addition or accessory use Plus the existing building (s) does not exceed 40% coverage , then no fee ($0) is the minimum fee charged. For the purpose of this Resolution negative fee calculation means no fee ($0) . Single Family: $2. 48 per sq.ft. of building addition or - accessory use, or the square footage that exceeds 5% coverage (based on one acre maximum land area) of the 1 � square feet of land area, whichever is less. If the addition or accessory use plus the existing building (s) does not exceed 5% coverage, then no fee ($0) is the minimum fee charged. For the purpose of this resolution 000050 (RES. NO. 98-86) a negative fee calculation means no fee ($0) . c) The development or construction of residential or non- residential buildings on lots exceeding one acre, and the person causing such to be constructed, shall pay a fee in the amount of: Commercial and MultiFamily: Same as 1(a) Single Family: $2,996 per cubic feet per second of runoff based on 1.8 cfs per acre, for the first acre only, plus $2. 48 per sq.ft. of building area that exceeds 5% of one acre of land area (2178 sq.ft. ) . If, the total land coverage is less than 5% of one acre, then only the first acre fee will be charged. The Development Impact Fee is hereby identified and incorporated as a part of this resolution. d) All developments which were previously conditioned for deposits pursuant to Resolution No. 42-85 shall pay this fee as meeting the obligation of contribution to the future drainage improvements and will be payable upon notice after passage. Appropriate credits may be applied as determined by the Director of Public Works. On motion byCOUNCILMAN HANDSITY and seconded by COUNCILWOMAN BORGT the foregoing resolution is hereby adopted in its entirety by the following vote: AYES : COUNCILP•IEMBERS BORGESON, HANDSITY AND MAYOR PRO TEM NiOLINA NOES: NONE ABSENT: COUNCILWOMAN NORRIS AND M4AYOR MACKEY DATE' ADOPTED: 9/8/86 (EXCUSED) ATTEST: BOYD C« SHARITZGEOP(_t MOLINA City Clerk Mayor Pro Tem APPROVED AS TO CONTENT APPROVED AS TO FORM 7 PAUL M. SENSIBAUGH ROBERT M—. -JONES Director of Public Works/ City Engineer City Attorney 2 000051 REPORT TO CITY COUNCIL Meeting Date. 09/1.295 CITY OF ATASCADERO Agenda Item: C-2 Through: Andrew J Takata, City Manager Via: Steve Sylvester, City Engineer From: John Neil, Assistant City Engineer f SUBJECT: Formation of Linda Vista Avenue Assessment District k s RECOMMENDATION: k Authorize staff to prepare a preliminary cost estimate, establish preliminary assessment area boundaries, estimate the assessment spread, and hold a community meeting to review costs with the effected property owners. DISCUSSION: The property owners along Linda Vista Avenue have informally petitioned the City to initiate the formation of an assessment district to construct the road `hand drainage improvements necessary to have Linda Vista Avenue accepted into the City maintained system. Prior to initiating formal assessment district formation proceedings, $tall is recommendingthat the residents be made aware of the costs associated with the required road improvements and formation of the district. In order to establish these costs, a site analysis should be performed in order to determine the Ilevel of improvement necessary to improve the road to current City Standards. In addition, to determine the assessment spread, preliminary assessment area bo ndaries will need to be established. Assessment district formation costs will be based on the Las Encinas and 3-F Meadows districts. Staff further recommends that in order to fully inform the residents wishing to create the assessment district, a community meeting should be held to revi�w costs and the various funding mechanisms available. FISCAL IMPACT: The cost for performing the above preliminary site analysis and resgarch is estimated to be approximately $2,400 and would normally be funded through t1le General Fund. E 000052 f ATTACHMENTS: Attachment A - Petition from Linda Vista Avenue property owners Attachment B - Location map N:UBN195147.RPT 000053 EXHIBIT A LINDA VISTA ASSESSMENT DISTRICT MEETING DATE: 09/12/95 d 6-30-95 . Andy Takata RECEIVED City Manager 65000 Palma Avenue _ 1 IggS Atascadero, California 93422 Dear Mr. Takata, IATASCADERO CITY MANAGER' We the undersigned residents of Linda Vista Avenue would like to petition the city of Atascadero to assume responsibility for the maintenance of part or all of Linda Vista Avenue, which is currently unpaved and subject to yearly erosion. Please initiate the process which will assess the cost of necessary upgrades to meet city standards. A written estimate of these costs can be sent to Maria Valentino at her address listed below. Please advise if additional actions are necessary on our part at this time to facilitate this request. Si nature Print Name, Address, Phone Number Jana 5y ss -4, -q'3 c 000054 EXHIBIT B LINDA VISTA ASSESSMENT DISTRICT �y MEETING DATE: 09/12/95 �G • �L D � � SANTA LU IA A E. F 0 E EL G IST A N �9 F SITE o -- VENUE d VE -z' EL F, SAN CL EN E �c 0 D 000055 5 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-3 From: Andrew J. Takata, City Managers < Meting Date: 9/12/95 h SUBJECT: Resolution supporting the North County Council Flolicy statement in support of the formation of a regional water agency l to represent North San Luis Obispo County and the City of San Luis Obispo on water resource issues. RECOMMENDATION: That the City Council adopt Resolution No. 85-95, with attached Exhibit A. F BACKGROUND: I Mayor Highland has asked that this item be placed on the Council's agenda as a result of recent discussions by the Executive Committee of the North County Council. The Executive Committee asked that their policy statement pertaining1to water resources issues be endorsed by resolutions of the Cities of Atascadero� Paso Robles, the Atascadero Mutual Water Company Board and the Templeton Cpmmunity Services District Board. r AJT:cw V F h E G E i i V { 000056 RESOLUTION NO. 85-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUPPORTING THE POLICY STATEMENT OF THE EXECUTIVE COMMITTEE OF THE NORTH COUNTY COUNCIL IN SUPPORT OF THE FORMATION OF A REGIONAL WATER AGENCY TO REPRESENT NORTH SAN LUIS OBISPO COUNTY AND THE CITY OF SAN LUIS OBISPO ON WATER RESOURCE ISSUES WHEREAS,There are limited existing water resources in North San Luis Obispo County, thereby necessitating careful management and maximization for the benefit of all users; WHEREAS, The water users in the City of San Luis Obispo and North San Luis Obispo County can no longer afford to pursue water resources separately; and WHEREAS, Joint cooperation in the areas of water storage, transmission and usage would be of benefit for all water users in the City of San Luis Obispo and North San Luis Obispo County;' NOW, THEREFORE, The City Council of the City of Atascadero hereby resolves to endorse and support the policy statement of the Executive Committee of the North County Council as reflected in Exhibit A, attached hereto. ON MOTION BY Councilmember , seconded by Councilmember _ the foregoing resolution is hereby adopted on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO: ATTEST: GEORGE P. HIGHLAND, Mayor LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 0U0457 "EXHIBIT A" • CITY OF ATASCADERO RESOLUTION NO. 85-95 PAGE 1 OF 2 It is of utmost importance that the limited water resources in North San Luis Obispo County be carefully managed for the benefit Of all citizens to maximize the available water. The time has past where factions of the water users in the City of San Luis Obispo and North SLO- County can afford to separately pursue use of our precious water resources . It is now time for all water users to unite for the future welfare of all of the Countv. We realize that only joint cooperative efforts in the area of water storage, transmission and usage, will be successful in maximizing our resources for future generations . We are now at a crossroads. Water resources can continue to be managed in a shortsighted, fractious way, or we can agree to journey together for the benefit of all. A regional water agency representing both the North County and San' Luis Obispo representatives is believed to be the effective tool for undertaking such management. To that end, the following proposals are being recommended for consideration for the North County Council. A. WATER MANAGEMENT - A NEW REGIONAL APPROACH *Consider the creation of a regional water management group. *Group would represent municipal agencies, districts, agricultural reps and other down stream users. *Group's primary focus is to look at all water resources on a regional basis. *All water resources including but not limited >to, Nacimiento Water and Salinas Basin Water resources may be considered as combined, coordinated resources for San Luis Obispo and the North County. *A coordinated approach to maximizing the use of these water sources would enhance the available water to all, and result in reduced costs to all. 000058 "EXHIBIT A" CITY OF ATASCADERO RESOLUTION NO. 85-95 PAGE 2 OF 2 B. WATER RIGHTS - COOPERATE FOR BETTER SOLUTIONS • *Salinas Dam water stored above the existing spillway elevation will be re-evaluated and an allocation strategy defined for the benefit of all. *The "Live Stream" agreement may be enhanced by considering additional waters from other sources, similar to Hacimiento . *Riparian rights will be protected. *Present water allocations and/or appropriations may be revised to reflect water sharing on a regional basis . C. SUGGESTED ACTION ELEMENTS Now is the t, e to combine the Salinas Dam Project, and the Nacimierto Project, along with Salinas River considerations. San Luis Obispo and the North County must be willing to work together on a compromise water allocation strategy regarding the Salinas Dam. North County and San Luis Obispo City must be willing to assume costs and liabilities for a shared water use approach. Combining the projects creates multiple opportunities for current and future water strategies and significantly- multiplies our options . • 1. Immediately obtain political concurrence of this strategy to join together for mutual regional water solutions , rather than fighting over precious water resources . 2 . After political concurrence, at a committee level, have the North County Council and SLO City begin meeting to jointly outline a strategy for joining the Salinas Dam Project and Nacimiento Project. 3 . Direct technical and elected representatives to meet and develop a listing of combined projects for consideration of the NCC and SLO. 4 . NCC and SLO jointly will prioritize the potential projects and set a course for immediate action on the alternatives while concurrently the formation of the regional agency will be pursued. 000059 REPORT TO CITY COUNCIL Meeting Date: 09112195 CITY OF ATASCADERO Agenda Item C-4 Through: Andrew J. Takata, City Manager E From: Lee Price, City Clerk k SUBJECT: Selection of a voting delegate for the League of Califgrnia Cities Annual Conference October 22-24, 1995. I RECOMMENDATION: V Select one member of the City Council who plans on attending the Conference to serve as the voting delegate. E s E p f f X E 19€ i E f q I f 4 fX` 000060. 1 MEETING AGENDA ■-r DATE-9,/j2/-u r-A IMMW ■■NE League of California Cities r ■MMS AUG - 4M BOWEL- CITY OF ATADE SCA� Ry'0 CITY CLERK'S OFFICE July 27, 1995 SECOND NOTICE - FAX NUMBER CORRECTED To: The Honorable Mayor and City Council From: Mary Andrews,Council Member,Chico and League President Re: Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Sunday, October 22 through Tuesday, October 24, 1995 in San Francisco. One very important aspect of the Annual Conference is the General Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Business Meeting on Tuesday, October 24,at 9:30 a.m. at the Moscone Convention Center. To expedite the conduct of business at this important policy-making meeting,each city council should designate a voting representative and an alternate who will be present at the Business Meeting. League Bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed"Voting Delegate Form." If the mayor or a member of the city council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the city council will not have a registered delegate at the Conference but will be represented by other city officials,one of these officials should be designated the voting delegate or alternate. Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time(not later than Friday,September 29, 1995), so that proper records may be established for the Conference. [Note: Fax number on form has been corrected.] The voting delegate may pick up the city's voting card at the designated Voting Card Table located in the League Registration Area. The voting procedures to be followed at this Conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at(916) 658-8236. 000061 CONFERENCE REGISTRATION OFFICE HEADQUARTERS SOUTHERN CALIFORNIA OFFICE BOX 1519,LAFAYETTE,CA 94549 1400 K STREET,SACRAMENTO,CA 95814 602 EAST HUNTINGTON DR.,SUITE C (510)283-2113 916 658-8200 MONROVIA,CA 91016 FAX(510)283-7833 FAX 916 658-8240 (818)305-1315 FAX(818)305-1345 F d 1. ATASCADERO CITY: LEAGUE OF CALIFORNIA CITIES 1995 ANNUAL CONFERENCE VOTING DELEGATE FORM 1. VOTING DELEGATE: (NAME) (TITLE) . 2. VOTING ALTERNATE: (NAME) 1. (TITLE) ATTEST: (NAME) (TITLE Please Return To: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 FAX: 916/658-8240 Not Later Than Friday, September 29,x]995 to L:y,o1icy\ac=\%,ote&1.1tr { 000 o