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HomeMy WebLinkAboutAgenda Packet 09/26/1995 " 'PUBLIC REVIEW COPY-" AGENDA frar � ATASCADERO CITY COUNCIL REGULAR`MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM Tuesday, September 26, 1995 7:00 P-m• This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to;discuss and act on each item. In addition to any action identi red in the brief general description of each item, the action that may be taken shall inclu : A referral to staff with specific requests ,for information; continuance; specific di 5ction to staff concerning the policy ormission of the item,discontinuance of consideratio ;authorization to enter into negotiations and execute agreements pertaining to the it , adoption or approval; and, disapproval. Copies of the staff reports or other"documentation relating to each it m of business referred to on the agenda are on file in the office of the City Clerk (Room 08)and in the Information Office (Room 103), available for public inspection during City Ha# business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need specii 1 assistance to participate in a City meeting or other services offered by this City,please c ontact the City Manager's Office, (8051 461-5010, or the City Clerk's Office, (8 5) 461-5074. Notification at least 48 hours prior to the meeting or time when services gre needed will assist the City staff in assuring that reasonable arrangements can be ade to provide accessibility to the meeting or service. INTERVIEWS (Open) - 6:00 P.M. (4th Floor Club Rm.): A Interview candidates for the Consortium for Community Media B. Select,'by ballot, one C. Resolution No. 88-95 - Formalizing the appointment CLOSED'SESSION 6:45 P.M. (4th Floor Club Rm.) CONFERENCE WITH LEGAL'COUNSEL - EXISTING LITIGA ION Names of Cases 1) Santa Lucia Neighbors Assoc v. Citv of Atascadero 2) Thompson v. City of Atascadero 3) City of Atascadero v. Orange Count REGULAR SESSION - 7:00 P.M.: (RULES OF PUBLIC PARTICIPATION PLEASE SEE BACK PAGE) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL COMMENTS PRESENTATIONS: o Recognition to organizers of Tuesday Night at the Lake summer events o Recognition to outgoing Planning Commissioners COMMUNITY FORUM: Please see "Rules of Pub I c Participation" (Back Page) o City Attorney: Status report on the adult book store (verbal) A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A`member of the Council or public may, ,by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. CITY'COUNCIL MINUTES - September 12, 1995 Staff & City Clerk's recommendation: Approve 2. CITY TREASURER'S REPORT - July, 1995 Staff & City :Treasurer's recommendation: Accept 3. CITY TREASURER'S REPORT -August, 1995'' Staff & City Treasurer's recommendation: Accept 4,` FINAL TRACT MAP 92002, 5100 SAN ANSELMO - Subdivision of one 5.3-acre parcel into four residential lots containing approximately 1.0 acres each and one lot containing approximately 1 .5 acres. '(Gearhart/Wilson Land Surveys) Staff recommendation: Approve 5. 'FRIENDS OF THE LIBRARY REQUEST FOR PAYMENT FROM DESIGNATED GENERAL 'FUND RESERVES Staff recommendation: Review &provide direction B. PUBLIC HEARINGS: 1. URGENCY ORDINANCE NO. 294 - Prohibiting uses in conflict with zoning; proposal concerning location of adult` businesses, and further prohibiting' location of adult businesses within a specified distance of public parks, churches and schools and within the downtown, pending:consideration of proposed ordinances by the City Council City Attorney's recommendation: Motion to introduce and adopt on first and only reading, by title only. (Requires 4/5 vote) ► 2 2. ORDINANCE NO 295 Adopting trip reduction measures in accordance with Government Code Sections 65089 & 65089.3 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 3. APPEAL OF STAFF DETERMINATION THAT AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED PRIOR TO CONSIDERATION OF THE PROPOSED; CLOSURE&RESIDENTIAL RE-USE PLAN FOR THE MILLH LLIN QUARRY SITE Staff recommendation: Consider project merits and den K appeal 4. APPEAL BY RICHARD SHANNON OF CONDITION 15(a),O TENTATIVE TRACT MAP 95002, 3555 'EL CAMINO REAL. As appro ed by the Planning` Commission on August 15 1995, Condition 15(a) req fres construction of curb, gutter and sidewalk in order to subdivide a five-acre, parcel into five one acre lots Staff recommendation: Deny C. REGULAR BUSINESS: 1. REQUEST TO NAME EXPANDED ATASCADERO BRANCH LIBRARY AND CHILDREN'S WING IN HONOR OF MAJOR DONORS Staff recommendation: Endorse request 2. RESOLUTION NO. 92-95 - Authorizing an agreement w h the USDA Natural Resources Conservation Service for City sponsorship of 'E ergency Watershed Protection projects Staff recommendation: Adopt 3. RESOLUTION NO. 90-95 - Supporting the League of Calif c rnia Cities' resolution on sales tax redistribution to increase the amount rece ved ,by cities to 2% (without increasing the sales tax to the public) Staff recommendation: Adopt D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1 . S.L.Q. Council of Governments/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water PurveyoIrs,Advisory Group 4. Economic Round Table 5. Finance Committee 6. Air Pollution Control District 7. Upper Salinas Riv. Coordinated Resource Mgmt. anti Planning'Committee 8. North County Council 9. Integrated Waste Management Authority I i 3 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council 2. City Attorney 3 City Clerk 4. City Treasurer 5. City Manager: Discussion on October 24, 1995, City' Council meeting conflict with League of California Cities Annual Conference i 4 RULES OF PUBLIC PARTICIPATION: The City Counc t welcomes and encourages your ideas and comments as a cidzi n. To increase the effectiveness of your participation, please f ilianke ,yourself with the follow ng rales of decorum,- O Members of the audience may speak on any item on thea jenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should ble submitted during the Community Forum period (see below), o Persons wishing to speak should step to the podium'and st to their name and address, for the official i record. o All remarks shall be addressed to Council, as a whole, and n t to any individual member thereof. V o No person shall be permitted to make slanderous, profane r 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 wishin 3 to speak has had an opportunity to do so, and no one may speak more than wise 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 receive comments from 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. REPORT TO CITY COUNCIL Meeting Date: 09/26/95 CITY OF ATASCADERO 6:00 p.m. Interview Session Through: Andrew J. Takata, City Manager From: Lee Price, City Clerk. t /` eJ SUBJECT: Selection of a citizen representative to the Consortium for Community Media Task Force. RECOMMENDATION: 1) Interview and consider four (4) candidates. 2) Select, by ballot, one member of the public to serve. 3) Adopt Resolution No. 88-95 formalizing the appointment. BACKGROUND: In May of this year the City joined the Consortium for Community Media, a coordinated effort by governmental agencies,educational institutions and others in the public and private sector of the County to pursue a county-wide communications plan by collectively taking advantage of emerging technologies. While the primary focus is on access to cable television, other technologies such as the Internet and video- conferencing will be explored to enhance distance learning/training, promote community activities and cover meetings and events. Atascadero is participating two ways: (1) as a contributing member who has made a financial commitment to the initial planning phase; and (2) as a Task Force member. Members of the Task Force will participate in the workings of the group during the two-year period to ensure that the objectives of the Consortium are being met and will report back to theirs organizations. On August 8, 1995, the City Council agreed to appoint a member of the public to represent Atascadero on the Consortium Task Force and directed the City Clerk to open a recruitment. The following four members of the public returned applications: Michael Hordeski Hal Johnston R.S. Kolemaine Harvey Levenson Report to City Council Meeting Date: 9/26/95 0 Page 2 6:00 p.m. Interview Session DISCUSSION: The Memorandum of Understanding expires on June 30, 1997. It is, therefore, being recommended that the representative serve until that date. If, for any reason the MOU is extended and/or work continues at the Task Force level, the City Council may wish to extend the representative's term of service. Section 2 of the resolution provides for re-appointment. It is noted that Michael Hordeski will not be available to be interviewed. He has submitted a letter noting the reason for absence and is requesting that he still be considered. A copy of his letter is attached to his application. Attachments: Interview Schedule Four (4) Applications Resolution No. 88-95 - Formalizing the appointment Memorandum of Understanding - Consortium for Community Media Resolution No. 02-95 - Selection Policy INTERVIEW SCHEDULE ::.>:<ttS�E3FTlttlR [ 1111T :::I [E Tuesday, September 26, 1994 Club Room 6:00 Hal Johnston 6:15 Rush Kolemaine 6:30 Harvey Levenson ,SEP 7 I 1995 's.r w s ■ Please return to: } Sig q R" p 1979 CITY OF ATASCADERO CITY CLERK � 1lS�D CITY CLERKS OFFICE 6500 Palma Avenue Fci=aff+ 5d#l.• «; >`"«<; ".>.';`: ::: ' �b Room 207 ir3teFtrerirl3afCfeixe< :`: <:.;::><:s �v ....................::..::............... Atascadero, CA 93422 CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident',of the City (exception: teen representatives need not be registered voters/. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. j / NAME: _ Aa/ <✓D Ljn S A Home Phone: -41al— ��59 ADDRESS: 7 9e Work Phone: ;5L' Are you a resident of the City of Atascadero? T60 How Long? 7 , EMPLOYMENT: Present oor' last employer (or school, if app'licable) 1 EDUCATION: 9S 445,6 G; � l�/✓e/5.77� RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: a,,- / �/� SGPL �6%!�� L''�rT^�e='fD� .r/ � /�i ci.✓.r ' a � .� �/�tlr INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGGANIIZATIONS: AlilkeW 61-7 c _ �'/ iD' a, alp rnit� G�jrr� ✓��` Ol�r d�n�� Sfiv[y�ic5 . OTHER CITY COMMISSIONS, OMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: �7GiSf/ '✓� z" ��� Gt How did you learn about this vacancy? Newspaper Ad / Community Group Word of Mouth Library City Hall Place of Employment Other (specify): This application and supplement are"public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic interest,pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. t, CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE CONSORTIUM FOR COMMUNITY MEDIA - CITIZEN REPRESENTATIVE 1. Please explain why you would like to serve on the Consortium for Community Media. Cl rt Lc ✓��� o� 7yir<<S t� c9 C CSG r ' ;5 4,, ✓lcl ` 2. Do you have any experience with the use of community-wide communications media (e.g. the PEG provisions of cable franchises, electronic bulletin boards, the Internet, World Wide Web, video conferencing?, Please explain. 10, T �/ int �L_� C l!�5.5"5Cd.ry od C2 led e,,, V &12 1 �0.5'�v J/G� 3. Do you have ar r experience with (or special knowledge about) the formation or implementation of community-wide communications policy? (e.g. cable franchises with PEG provisions, //S''L))ONET, the Internet, /video conferencing). Please describe. A ' '/CGl ! !/-��-�✓ ��� 2 `ia�') 1 [JTZ Supplemental Application _ Consortium for Community Media - Citizen Representative Page 2 4. Are you familiar with the goals and objectives of the Consoritum for Community Media? Please explain. //"/ 5. How would you see your role as a member of the Consortium? i a6. If there is additional information you would like to share aboutourself, lease use the Y P following space provided (optional). I hereby certify that the foregoing information is true and correct. Signature: G Date: _ � o.1 a ■ SEP — 5 PA .9.sq Please return "up to: CITY GF ATASCAUtK CITY CLERK ��Q; 6500 Palma Avenue ::« :.;.:>?' Room 207 .:. Atascadero. CA 93422 CITY OF ATASCADERO v BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City/exception: teen representatives need not be registered voters/. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. R. S. Kolemaine 466-8200 NAME: Home Phone: ADDRESS: P. O. Box 1990 (4580 Potrero) Work Phone: (same) Are you a resident of the City of Atascadero? Yes How Long? 4 yrs. EMPLOYMENT: Present or last employer (or school, if applicable) Retired, self employed EDUCATION: Univ. of Oregon, L.A.C.C., Mexico City College: AA+; Haard Knox U: PhD • RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: (See supplemental application) INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: . Member, NFLCP/Alliance for Community Media. OTHER CITY COMMISSIONS,COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: (See also supplemental application.) How did you learn bout this vacancy? Newspaper Ad Community Group Word of Mouth A Library City Hall Place of Employment Other (specify): This application and supplement are"public documents" and are available for review upon request'. Applicants are advised they may be requested to file a Statement of Economic Interest,pursuant to the Fair Political Practices'regulations. Information will be provided by the City Clerk. CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE CONSORTIUM FOR COMMUNITY MEDIA-CITIZEN REPRESENTATIVE 1. Please explain why you would like to serve on the Consortium for Community Media. In America of the 1880s,the 1920s,and again in the tern, a fate that the City, citizens and commerce of 1950s, communities by-passed by rail line expansion, Atascadero can ill afford paved roads and multi-lane freeways all became with- As a citizen of my city, I would like to be able to ered, impoverished or moribund as more modern trans- share my own unique experience and knowledge in the portation links isolated their citizens and commerce field of community media in helping to establish the from an increasingly more sophisticated and wealthier various capabilities of modem telecommunications outside world. locally to the advantage of my city and neighbors, as The imminent growth of the so-called "information proposed and envisioned within the MOU creating the superhighway" of the 1990s exactly parallels this pat- Consortium. 2. Do you have any experience with the use of community-wide communications media (e.g.the PEG provisions of cable franchises, electronic bulletin boards,the Intemet, Worid Wide Web, video conferencing ?Please explain. 1975/6 - Los Angeles CA: Developed, produced and crews,individual program promotion,etc. co-ordinated remote location production of programs for Governmental agencies included (city) Police, SoCal Cycling Assn., Schwinn Bicycle Corp. U.S. Planning,Recreation&Parks,Environmental Services, Olympic Cycling Team,LA Cancer Society and City of Cable Communications, Office of Nbad Assns., City L.A.with Theta Cable and Times Cable. Clerk; (county)Health, Elections; (metropolitan service [5 "special"length programs] district) Solid Waste Mgmnt.; various individual city, 1979 - Portland OR Created, produced and directed county, state and federally elected and appointed first live inter-active weekly programming in Oregon officials. with Liberty Cable using volunteer student studio crews. [approx. 400+ hrs./450 wks total] [52 hrs/weeks] 1987/90 - Portland OR With co-worker, assisted in 1982/90 - Portland OR Created, produced, directed, design, implementation and promotion of metropolitan taped, edited and appeared on-camera on both weekly area (four county) computer software based system for and frequent special community affairs programs public lost pet recovery resulting in substantial savings designed to inform and involve district and city-wide to county animal regulation agencies, increased animal audience regarding local, city, county and regional recovery and reduced pet euthanasias. issues or proposals using Rogers Fast Portland Cable, 1987 - Present: Subscriber to and frequent user of Rogers East Multnomah Cable, Liberty/TCI Cable, computer on-line services (Compuserve, AOL, interconnected and/or adjoining cable systems in SLONET),with Internet and WWW capabilities. Clackamas,Washington and Clark(WA)counties. 1993 - Atascadero: Provided six popular on-line files Co-ordination of programming required assistance regarding sightseeing on Central Coast for Compuserve to community-based organizations, governmental "California Forum" Touring and Central CA forum agencies; recruitment and training of citizen volunteer libraries. 3. Do you have any experience with (or special knowledge about)the formation or implementation of community-wide communications policy? (e.g.cable franchises with PEG provisions, SLO NET,the Intemet, video teleconferencing). Please describe. 1979/80-Portland OR Participated as consultant with elected) member of founding Portland Cable Access city Blue Ribbon Task Force of representatives from board of directors, a public non-profit corporation cre- approx. 75 private and public organizations in develop- ated to establish citywide public access. ing parameters and policies for issuance of RFP for As board member, created and served on sub- granting Portland east side cable franchise (220,000+ committee charged with drafting PCA Operating Rules pass-by system.) Subsequently, during city council re- and Policies, later copied in numerous other cities view of proposals from 7 MSOs and drafting of city across USA. Also provided overview and approval of winner's franchise contract, acted as consultant with setting up and equipping three PCA studio facilities, various individual members and officials. acquisition of video production and cablecasting equip- 1981/83 - Portland OR Served as (only publicly (SEE. 116followmg) Supplemental Application Consortium for Community Media-Citizen Representative Page 2 • 4. Are you familiar with the goals and objectives of the Consortium for Community Media?Please explain. As stated in the MOU establishing the Consortium, sources available in the county to help establish it represents a joint effort by governmental and educa- short term applications, tional institutions in SLO County to collectively and (3)determine a way to implement PEG access quickly take advantage of emerging technologies not cable TV, always available to individual institutions or jurisdic- (4)pilot one or more short term demonstration tions to harness these in cost-effective ways. projects,and As envisioned, the Contnbuting Members and Task (5)determine the Task Force structure and,if Force member organizations will attempt to: necessary,that of a future organization to (1)create an integrated 2-3 year video com- succeed it munication plan, The tern of the consortium is limited to two years,with (2)inventory existing telecommunication re- a possible replacement subsequently by another body. 5. How would you see your role as a member of the Consortium ? As a representative for the City Council of the City members of the Council, City staff and members of the of Atascadero I anticipate a primary need to act as an public at large regarding bendits and potential for this observer, reporting to the Council regarding medium. Consortium discussions, debate, and decisions (if any) Similarly, I expect to inform myself regarding all that could affect the residents of Atascadero and to seek technical and legal developments in the areas of Council approvals as necessary in the event of any ethernet and teleconferencing possibilities as could decisions that.could affect the city are required. appear,and share my recommendations,if any,with the As an experienced and knowledgeable access Council in these areas. "agent" of sorts, I anticipate the need to also educate 6. If there is additional information you would like to share about yourself, please use the following space provided (optional). Q.113(cont-) with smaller cities in Oregon and elsewhere with regard ment for a 5 public (only) access channel operation, to franchise terms, franchise',renewal and PEG access establishment of public training and certification pro- provisions within the Cable Act of 1984. grams. As an independent video producer, assisted numer- Also as a board member and subsequently for several ous non-profit organizations in developing staff training years, appeared before the city's Cable Regulatory and production capabilities suitable to their Commission and City Council with regard to franchise organization goals and capabilities together with access compliance and contract problems with the MSO. or staff training and public relations video production Under similar responsibility, consulted on occasion on a for-hire basis. I hereby certify that the foregoing information is true and correct. J Signature: Date: U L AUG 1 1995 1 �i9zs,q� _ � is a Please return to: CITY CLERK ('t!D ti9V CITt O AlAS(;ADERO * 11; QtT�Y.Ql-F.RK'S OFFICE I 6500 Palma Avenue Fiif: Room 7 20 f'"ferir e3virr <>»> <': >:>:> ..........:....:€Yaf lT...a,,:...........:::.:::.::::::._ Atascadero, CA 93422 _.................. _.... CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City (exception: teen representatives need not be registered voters). Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: NAME: (1f�21/CY �' L�yc .�>v Home Phone: %W- 3795 ADDRESS: 1000',R0,( 32,3 C2r?cv /3603or120)lf171f 9392-3 Work Phone: 7'-6 Are you a resident of the City of Atascadero? How Long? EMPLOYMENT: Present or last employer (or school, if applicable) Olff- A67 , A�SrdK- r OC T• /4j of CAPmc. ' v 7 de EDUCATION: iii•A. - rjNrVf�zs7tr-y d F`,T7t �J"i3v28N At f SoV7-N Dig- TA ,77*i2r VAWVt 1i7 R•S. — 114cY i.v.(T/7Z 6 6t,/t*c1L0 `f A•A•,r- New )a2� C',7� '��taN/7� �otc�� RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: AlfjtV C[T t�Ffl-11-4VIWY, JCA Adyl Vto, tr; /�p 7r10 ?'2 /Y *,1772 5-b(-6 / V INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: -S eu- U/79(r eyyc 64 J?r7 OTHER CITY COMMISSIONS,COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: How did you learn about this vacancy? Newspaper Ad Community Group Word of Mouth Libr ry City Hall Place of Employment. Other (specify): L-(1,44 -:A 0121 GVIJcf L This application and supplement are"public documents" and are available for review upon request.,Applicants are advised they may be requested to file a Statement of Economic Interest,pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. i CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE CONSORTIUM FOR COMMUNITY MEDIA - CITIZEN REPRESENTATIVE . 1. Please explain why you would like to serve on the Consortium for Community Media. /f�2� ��u.tir�K T�Cl /f;??,CC40M i�vun s t� lhw- /(Wecsc i r n Rt,( *7&n f-d7T a F -),V- 0i7- . SC< c�N jovc 9� (PFS Cbz 7a � � (W6 2. Do you have any experience with the use of community-wide communications media (e.g. the PEG provisions of cable franchises, electronic bulletin boards, the Internet, World Wide Web, video conferencing? Please explain. R9_X10E-4_ AViNG tnPk-oiOuC# ntJ Of'VffLde1WC OLOW OiIA,<_ RF.Pr, Z �1YI V� 5�+6 /aJ7�2Nt'T + Gl9/tl.►� �thO� �� ��C1?i�x+Gd' ` 3. Do you have any experience with (or special knowledge about)the formation or implementation of community-wide communications policy? (e.g. cable franchises with PEG provisions, SLONET, the Internet, video conferencing). Please describe. /K S — SE` joki{ +1 195) C e aM---_jb 6�at6F GVNA — (FiyGLD W Supplemental Application C Consortium for Community Media - Citizen Representative Page 2 • 4. Are you familiar with the goals and objectives of the Consoritum for Community Media? Please explain. y _ r J-7D Me«o s' ft lcFe,>N«� GirI3 C 6- Al)12ev� lyyi-- MIR)'t frT IT 7V 1//c,Tc /��o,J�1�1'd,9� ��✓Tf�i2 n/r G*q-- (.00-rA/W 6 5. How would you see your role as a member of the Consortium? is 7?JCW,fl0&atV �n � f�vca)l- , IT OgOL O /9,OP14 f.F �'iTyr O�s��cd �f ir/CCvom i� IJ4 6. If there is additional information you would like to share about yourself, please use the following space provided (optional). EG 9)AI "JW I hereby certify tha th foregoin inf r ation is true and correct. Signature: Date: — i---- Harvey R. Levenson, _ _Wxi Z. so Ex l3ox 323 �--tai:VA_ Atascadero,CA 93,123 (805)166-3745 Specialist in: Comn nuiica Hon Literacy Media Printing ToJinology June 4, 1995 Mr. George Luna City Council City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear George: Thank you for the 5/23/95 memorandum copy: "Consideration of extending the Falcon Cable Franchise Agreement" for the City of Atascadero. Memorandum items (1 - 5) are merely rudimentary bargaining "chips" for the extension of the franchise. While each is warranted conceptually, there is no provision for Falcon's follow through (with the exception of item 1) to ensure that provisions 2 - 5 will be implemented in a manner convenient to city government and to the citizens of Atascadero: In other words,will Falcon provide the hardware and software necessary as . part of its contractual obligation? Will Falcon provide public access training for citizens and the staffing necessary to keep public access going? Will Falcon provide an ongoing public relations campaign informing the citizens.of Atascadero about their public access opportunities, and how public access can improve intra-city communication and quality of life? Will Falcon provide access to SLONET(coming to Atascadero soon) for any household desiring access to the Internet. Better yet,will Falcon pick up the cost of SLONET subscriptions ($10 per month) for Atascadero schools, hospitals, government offices, and non-profit organizations? Will Falcon provide services for special interest groups such as minorities, senior citizens, health groups, etc.? What about the televising of commuity sports such as some high school games and youth sports sponsored by the city? What about cultural activities from the high school and other city groups? And, will Falcon establish a schedule to wire all households in Atascadero? As far as I know, wiring is not available in all areas within the city limits. These are only some questions that may be worthwhile exploring. Underlying a 10 to 15 year exclusive franchise should be the premise that the cable company (Falcon or any other) is committed to the concept of community communication and the improvement of the quality of life for all citizens of the city. It should be philosophically committed to the notion that television has never come close to its potential as a medium to improve education, citizenship, human relations, employment skills, creative expression, and other quality of life issues. The company's commitment should be to work toward these goals, while still providing the popular services of movies, sports, news, and general entertainment programming. These are some thoughts that you may wish to put before City Council. My experience comes from assisting the City of Pittsburgh (Pennsylvania) develop its cable franchise e I C urge Luna, Page 2 Request for Proposals (RFP) and community communication policies. Actually, this work was the basis of my Ph. D. dissertation at the University of Pittsburgh. Additionally, I have at my disposal the Pittsburgh RFP and one from the City of McCandless, a small city adjacent to Pittsburgh. I also have the proposals offered to Pittsburgh from four major cable companies. These materials are.late 1970s - early 1980s vintage, but the concepts included are timeless and.have become the paradigm for cable franchising since then. These materials are voluminous but I would be glad to share them with you if you believe that they may be helpful. Sin r ly, ey R. Levenson i CURRICULUM VITAE PERSONAL Harvey R. Levenson Married,two children P. O. Box 323 U. S. Citizen Atascadero, CA 93423 Excellent health Phone: (805)466-3745 FAX: (805) 466-8770 EDUCATION Ph. D.,Rhetoric and Communication,Department of Speech and Theatre Arts,University of Pittsburgh, Pittsburgh, PA. M. S.,Printing Management and Journalism,Department of Journalism and Mass Communication, South Dakota State University, Brookings, SD. B. S.,Printing, School of Graphic Arts and Photography, Rochester Institute of Technology, Rochester, NY. A.A. S.,Graphic Arts and Advertising Technology, New York City Community College (now New York City Technical College), Brooklyn, NY. PROFESSIONAL Professor and Department Head Graphic Communication Department California Polytechnic State University San Luis Obispo,CA 93407 August, 1983 -present Founder Organizational Communication Services(OCS) P. O. Box 323 Atascadero, CA 93423 January, 1984-present (A service for conducting organizational communication research in the printing and publishing industry) Associate Professor and Chair Division of Graphics,Design,and Communication La Roche College 9000 Babcock Boulevard Pittsburgh,PA 15237 January, 1976 - June, 1983 1 Associate Director Technical Services Department Graphic Arts Technical Foundation 4615 Forbes Avenue Pittsburgh,PA 15213 August, 1968 -December, 1975 Various positions in graphic communication and advertising media planning and preparation in New York City. 1961 - 1965 ACHIEVEMENTS AND PHILOSOPHY California Polytechnic State University: August 1983 - Present At Cal Poly I was hired to nurture and continue the development of an already well established program having national prominence as one of the two largest and best programs of its kind in the nation. My perspective on leading a department now having over 47 years of successful education and professional placement of its students is to pursue change cautiously and thoughtfully. I maintain the perspective that changes made in curriculum, laboratories, and staffing should not jeopardize the foundation and philosophy • of a department that has risen to national prominence, but should add to the department's ability to build on its reputation in the years ahead. Philosophically,I believe that a university is the place for individuals to experience ideal conditions. It should be the mission of a university to pursue ideal conditions in programs, research, and laboratories. This is a philosophy that I hope to keep in the forefront of any educational or research institution I am affiliated with. I realize,however,that there are frequently obstacles standing in the way of achieving ideal conditions. Another philosophy I believe in is that the pursuit of ideal conditions is a dynamic process requiring on-going change. Therefore,change and the experiments, trials, successes and failures that go with it,must become the rule,not the exception, and require the support of faculty and staff participating in the pursuit of ideals. My accomplishments at Cal Poly fall into six categories: (1)industry and professional relations, (2)laboratory improvements, (3)planning, (4)faculty development, (5) student relationships,and(6) budget management. In industry and professional relations,I have extended the Graphic Communication Department's reach to all major national associations and foundations in the graphic communication profession. This has resulted in joint programs with such groups in the form of seminars, workshops, conferences, research,testing and other farms of activities associated with development needs of the profession. Examples of programs conducted in the Graphic Communication Department include: Cal Poly/California Newspaper Publishers Association seminar, Cal Poly/Graphic Arts Technical Foundation programs in Orientation to the Graphic Arts, Paper and Ink, and Web Printing, and a Cal Poly/National Paper Trades Association seminar. 2 My outreach has extended to the U. S.Department of Education, the U. S. Government Printing Office, and The White House. Through these offices of the federal government I • have been involved in programs to reduce illiteracy and apathy towards print media in the nation. For my work in this area I was appointed chair of the Academic Advisory Council to the Public Printer of the United States,chair of the Graphic Arts Literacy Alliance,I led a news conference on illiteracy for former U. S. Secretary of Education Dr. Lauro Cavazos, I received an official and formal acknowledgement from Mrs. Barbara Bush,former First Lady of the United States, for my work on literacy issues, I received a Distinguished Service Award from the U. S. Government Printing Office, the highest award given to a private citizen for work that supports the missions of the federal government,and I was personally invited to The White House by former President and Mrs. Bush to participate in a National Literacy Honors program. In the area of laboratory improvement,I have completed and supported faculty negotiations with equipment and supply manufacturers for contributions of over$9 million in state-of-the-art technology for the department's laboratories. Major contributors include companies such as Eastman Kodak,E. I. DuPont Co., 3M,AGFA Corp., Rockwell International,Xerox Corp.,Heidelberg USA,Hell Graphic Systems, Scitex Corp.,Gerber Scientific Corp.,Apple Computer,AM International,Alphatype Corp., and the Compugraphic Corp. Under the Graphic Communication Department's "Partners in Education"program with industry,established in 1986,the department spends very little of its operating budget for expendable supplies because most supplies are donated. Plans for the near future include constructing a Newspaper and Publication Education and Research Building with funds contributed by industry. In planning, I have instituted a 10-year long range planning process to guide the Graphic Communication Department's direction through the 1990s. Part of the plan was to establish a$1 million endowment fund that would assist in carrying out some of the plan's • objectives,thus ensuring the continued growth and development of the department. The endowment is well underway. In faculty development I have encouraged and supported faculty participation in national and international conferences, seminars and workshops, and I have encouraged faculty proposals for assigned time and sabbaticals. I have also encouraged faculty research and presentations at seminars,workshops and conferences. My department faculty are often found traveling around the country and even the world pursuing development opportunities to make them better professors. Many of these opportunities have resulted from grants provided by private corporations and professional associations. Another faculty development program I implemented is the"faculty retreat." In this program, faculty members visit a major company's customer service,testing or research facility to spend one or two days of intensive sharing of information. Such retreats,fully funded by the companies, have been held with the Eastman Kodak Company,the DuPont Company, and with the AGFA Corporation. Presently,retreats are being planned with the Gans Ink Company, and with the Heidelberg USA. In student relationships,I have encouraged an air of scholarship and intellectual pursuit among the students. I have done this by establishing and maintaining rigorous, but achievable, standards of performance. I have encouraged valid research and clear, intelligent presentations in classes. I have also instituted a student research and scholarship group (TAGA student chapter)having the purpose of discussing science and research in the students' field of study. Through this group the students also publish their own scholarly journal of student work. 3 In budget management,I developed a system for monitoring the department's total budget . on a weekly basis. This involves a reporting system that simply displays initial,or adjusted, budget allocations, and present "bottom-line" expenditures for all budget categories. Each week's report is shared with the entire faculty and staff, thus providing everyone with a simple,yet clear,understanding of over-and under-expenditures. This procedure makes each faculty and staff member feel responsible for budget management, and has resulted in tighter control and balanced budgets, without having to request end-of- year supplements from the university. A general goal that I have established for the Graphic Communication Department is to enhance the validity of graphic communication as an academic discipline''and profession. This is achievable through continued excellence in teaching,research,faculty presentations at seminars and conferences,increased participation in professional consulting and through participation on department,college, and university committees. I actively support each of these activities and also participate in them. For the work I have done to improve academic conditions and standards at Cal Poly and to establish a standard for graphic communication education nationally,I received the Graphic Arts Technical Foundation "Award of Excellence"in 1986. This is an annual award given to the individual who has made the most significant contribution to education in the field during the previous year. In 19871 also received a Cal Poly award for Meritorious Performance and Professional Promise. This award is given for distinguished service to the university and for dedication to the university's mission. La Roche College: January, 1976 - June, 1983 La Roche College is a"four-year"college offering the baccalaureate and masters degree in liberal arts and professional areas. I was hired by La Roche College to establish programs that would result in viable and meaningful career opportunities for its graduates. My major contribution to La Roche was the development of three such programs: one in Graphic Arts,one in Graphic Design,and the third in Communication. The success of these programs is evident as graduates of the Graphics,Design, and Communication Division of the college are employed by many companies in Pennsylvania and in other states. The Division, and particularly the Graphic Arts major,has gained prominence. One indication of this is the large number of out-of-state applicants to the program relative to other programs at the college. Achieving national exposure involved: (1):keeping professional journals abreast of what we were doing; (2) solicitations of contributions of equipment and supplies from the national graphic arts profession; (3) attending national conferences,expositions and workshops which provided the opportunity to speak personally with industry leaders about La Roche College programs; (4)participating in speaking engagements for industry groups around the country; (5)maintaining active memberships in national professional and academic organizations. The Communication program was developed between 1981 and 1983. Much of my time in developing the program was spent forming its philosophy, structure,and course guides. While the program serves many communication disciplines,its focus is on organizational, interpersonal,corporate, and mass communication. Due to the interdisciplinary nature of this program it required close coordination with faculty and chairs of other divisions prior . to its acceptance by the Academic Senate. 4 During my years at La Roche College,my teaching responsibilities spanned four academic areas: Graphic Arts, Communication,Administration and Management, and Human Resources Management(HRM). The focus of my last course development at La Roche was in Communication and HRM. HRM is a graduate program at La Roche and I devoted much time to the ongoing development of a graduate course: Organizational Communication. Although I chaired the Graphics,Design,and Communication Division,my main concern as an academician and division chair was to ensure that students received a high quality education that does justice to their professional and academic development while also meeting the liberal arts missions,objectives,and goals of the College. This was achieved by teaching each course from a position of strength which means that all faculty members in the division remained current in the developments, structure, and research in the fields which were taught. I am also sensitive to the importance of communication skills in all areas, and I believe that my students at La Roche would attest to the fact that the importance of clear writing and articulate speaking was emphasized in each of my courses. This philosophy was pervasive in all courses in the division which I chaired. I would bring this philosophy to any position which I may hold. As Chair of the Graphics,Design, and Communication Division,I was responsible for a staff of full-time and adjunct faculty members, and all hiring, scheduling,purchasing and budget management of the division. In the Communication area,which was new, I developed a qualified faculty of full-time and part-time teachers,planned the development of a laboratory, and I established an advisory committee of educators and professionals to monitor the program's direction. Graphic Arts Technical Foundation (GATF): 1968-1976 Between 1968 and 1976 I was involved in administration,technical services,education, and research for GATE GATF is a leader in graphic arts research and education in printing,publishing,and other graphic communication fields. As such,the standards for research,education, and professional development at GATF are parallel to those of major industry associations,research organizations,and academic institutions. I was an Associate Director at GATF and responsible for managing the activities of a staff of professionals at the Foundation's headquarters and in other cities. These activities included program and publication development,professional development, scheduling of technical auditing and testing,and technical report preparation. I was also responsible for designing,coordinating, and conducting technical audits and for performing technical consulting for GATF member organizations in North America and abroad. An outcome of GATF's research,consulting,product evaluations, and testing is published papers and textbooks, and professional seminars and workshops. While at GATF I published six papers and one textbook. I also was the architect of several seminars and workshops on a variety of subjects and was responsible for coordinating and presenting them. These educational programs were designed for professionals on the management and technical levels of the graphic arts, and ranged in length from one day to three days. These programs were also conducted throughout North America and abroad. 5 Summary . I believe that my accomplishments as an academic chair and department head result from pursuing just and professional relationships with faculty and staff, and in striving to maintain clear channels of upward and downward communication. Personally, I subscribe to an administration and management philosophy which includes: (1) Management by "exception," i.e.,allowing decisions to be made at the lowest appropriate level. (2)Emphasizing the importance of complete staff work. (3) Supporting and promoting the concept of academic freedom. (4) Focusing on outcomes achieved through acceptable processes. (5)Helping individuals to maximize their strengths and minimize;their weaknesses. (6) Surrounding myself with highly qualified staff and delegating;,responsibility and authority. (7)Maintaining open channels of upward and downward communication, and telephone communication. (8) Maintaining an "open door" policy whenever possible for students,faculty and staff members. (9) Encouraging an atmosphere of no secrets and no surprises. (10) Complimenting the individual when tasks are accomplished as planned and looking first to "system" breakdowns when they are not. (11) Maintaining sound management controls in achieving balanced budgets. I believe that my record as a professor, scholar,researcher, and administrator, and particularly my service to the universities and other organizations I have been affiliated with,is an indication of my commitment to excellence in education,management, technology,human resource development and training. i 6 PUBLICATIONS, PAPERS, BOOKS, ARTICLES, LETTERS Levenson,Harvey R., "Endowing Graphic Arts Education," GATFWorld, Pittsburgh, . PA, Janaury/February, 1995, pp. 5-6. Levenson,Harvey R.,Complete Dictionary of Graphic Arts and Desktop Publishing Terminology: With an Overview of on Industry Growth and Technology, Summa Books, Thousand Oaks, CA, 1994, 271 pp. Levenson,Harvey R., "Graphic Arts Laboratory in the Year 2000," GATFWorld, Graphic Arts Technical Foundation, Pittsburgh, PA, July/August, 1994, pp. 4-5. Levenson,Harvey R., "Electronic-Digital Photography," 1994 Technology Forecast, Graphic Arts Technical Foundation, Pittsburgh, PA, 1994,pp. 10-12. Levenson,Harvey R., "Multimedia," 1994 Technology Forecast. Graphic Arts Technical Foundation, Pittsburgh, PA, 1994, pp. 14-16. Levenson,Harvey R. and Megan R. Sullivan, "Color Electronic Prepress Systems: Developer/User Survey,"TAGA Proceedings,Technical Association of the Graphic Arts, Rochester, NY, 1992. Levenson,Harvey R.,Edit., "Literacy and Print Media," Graphic Arts Literacy Alliance, Pittsburgh, PA, 1991. Levenson,Harvey R. and Jack Simich, "What Every Student Should Know About Illiteracy in the United States," (Prepared for the national professional press and for publications aimed at high school students),March, 1990. . Levenson,Harvey R., "Functional Illiteracy is Slowing America Down," (Published Interview), Print &Graphics,January, 1990. Levenson,Harvey R., "Literacy is the Cornerstone of our Freedom," San Luis Obispo County (California)Telegram-Tribune,December 13, 1989. Levenson,Harvey R., "Erase Illiteracy...Here's Your Chance to Make a Difference," Image World.Rochester Institute of Technology, 12/89. Levenson,Harvey R., "The Power of Print in America," Printing Impressions. 4/89. Levenson,Harvey R., "The Role That Printing Printing Plays in Society," (Letter, reprinted as an article under different titles in several publications including: "Print as a Medium Must Be the Message," Graphic Communications World, 1/25/88; "The Printing Industry's Image," Printing Journal, 2/88; "Attracting the Nation's Youth to the Printing Industry," Journal of Forms Mana eg ment, May-July, 1988),Printing Impressions.9/87. Levenson,Harvey R., "The Case of Miscommunication," Inplant Reproductions & Electronic Publishing, 1/87. Apfelberg,Herschel; DeJidas, Lloyd, and Harvey Levenson, "Preventive Quality Control: Sheetfed and Web Pressrooms," Technical Services Report•Graphic Arts Technical Foundation, Pittsburgh,PA, 1986. 7 Levenson,Harvey R., "The Gravure Industry Sets an Example,"Gravure Bulletin,The Gravure Association of America, No. 2, Summer, 1985. Levenson,Harvey R., "From McLuhan to Wilkens: Bridging the Technologies of Design, Print, and Telecommunications at Cal Poly," The P=ress Bulletin.July/August, 1985. Levenson,Harvey R., "Technological Transitions in Graphic Communications:A Historical Perspective,"Printed Letters(a monograph), Vol. 1,No. 3,Printing Industries of America,Arlington, VA, 1985. Levenson,Harvey R., (Contributing author), "Education and Training in the Graphic Arts- -1985-1990: The GATF Manpower Study," (Book),Techno-Economic Forecast 26, Graphic Arts Technical Foundation,Pittsburgh,PA, 1985. Hanks,William; Levenson,Harvey R. and Terry Pickett, "Citizen Involvement in Government Decision Making,"presented at the International Communication Association (ICA)Annual Conference, Boston, 1982. Levenson,Harvey R., "In Search of a Unity of Theory Between Behaviorism and Psychological Phenomenology for Explaining Human Behavior,"Working Pa a in Rhetoric and Communicati n, Vol I,No. 1,Department of Speech and Theatre Arts, University of Pittsburgh, Pittsburgh,PA, Winter, 1979. Benevento,Frank; Levenson, Harvey R., and Daniel Makuta,Art and Copy Preparation: An Introduction to Phototypesetting,Graphic Arts Technical Foundation,Pittsburgh,PA, (Library of Congress Catalog Card Number: 74-81523 ISBN 0-88362-066-5), 1974. Levenson,Harvey R., "Multi-Color Overlay System: A New Copy Preparation Approach for the Artist,"Technical Services Report,No. 19,Graphic Arts Technical Foundation, Pittsburgh, PA, September, 1974. DeJidas,Lloyd and Harvey R. Levenson,"Maintaining Production With Substitute Materials,"Technical Services ReportNo. 18,Graphic Arts Technical Foundation, Pittsburgh, PA, July, 1974. Levenson,Harvey R., "Sheet-Fed Printing of Lightweight Papers," Technical Services Report, Vol. 5, No. 3, Graphic Arts Technical Foundation,Pittsburgh, PA, October, 1972, (reprinted in Printing Management Magazine,April, 1973). Levenson,Harvey R., 'Preventive Quality Control: Sheet-Fed Pressroom," Technical Services Report, Vol. 4, No. 4,Graphic Arts Technical Foundation,Pittsburgh,PA, August, 1971. Levenson,Harvey R., "GATF Reviews Solutions to Paper Generated Hickies," Technical Services Report Vol. 3, No. 3, Graphic Arts Technical Foundation, Pittsburgh,PA, November, 1970. Levenson,Harvey R., 'Removal of Moisture from Compressed Air Supplies," Technical Services Report, Vol. 3, No. 1, Graphic Arts Technical Foundation, Pittsburgh, PA, June, 1970. 8 TELEVISION APPEARANCES AND RADIO PRESENTATIONS KCBX-Radio, San Luis Obispo,CA: Participated in a program dealing with adult illiteracy locally and nationally. FYI-QUBE-TV,Warner Cable Corporation,Pittsburgh,PA: Represented Pittsburgh Council on Higher Education (PCHE) to discuss the subject of telecourses via cable television. Black Horizons,WQED-TV,Pittsburgh,PA: Participated on panel to discuss minority involvement in the City of Pittsburgh's cable television franchising process. Campus Connections,KDKA-TV,Pittsburgh,PA: Moderated a program on Graphic Arts and Graphic Design Education at La Roche College. PROFESSIONAL, TECHNICAL, EDUCATIONAL ASSOCIATION MEMBERSHIPS AND APPOINTMENTS (Past and Present) Danforth Foundation-Faculty Associate Graphic Arts Technical Foundation Education Department Steering Committee Pittsburgh Advertising Club Pittsburgh Radio and Television Club Printing Industries Association of Western Pennsylvania Speech Communication Association Technical Association of the Pulp and Paper Industry Technical Association of the Graphic Arts,formerly on Board of Directors Technical Association of the Graphic Arts,former Chair of Student Chapters Committee Technical Association of the Graphic Arts,former Chair of Electronic Pre-Press Committee Technical Association of the Graphic Arts,Chair of Local Committee for 30th Anniversary Conference, 1978 Women in Graphics,Pittsburgh-founding member Gravure Association of America San Luis Obispo Literacy Council, Board of Directors Academic Advisory Council of the U. S. Government Printing Office, Chair Printing-Expo(professional exposition),chair Graphic Arts Literacy Alliance,Chairman of the Board 9 . PRESENTATIONS AND SPEAKING ENGAGEMENTS (1980 - Present) I participated in over 80 speaking engagements in printing and communication-related areas. This includes seminars, workshops,paper presentations, and conference talks. A list of these activities is available upon request. CURRICULUM DEVELOPMENT As a Department Head at Cal Poly, I am in charge of overseeing all aspects of curriculum development. I have led curriculum reform since 1983 and,together with the faculty,most recently completed the development of a 19941996 curriculum. I have directed the faculty in developing a minor to support the curricular needs of other departments in the College of Liberal Arts. PROJECTS AND RESEARCH As a Department Head at Cal Poly, I oversee all senior projects (required of Cal Poly students) and most other student research in my department. I have assumed this responsibility in order to be acquainted with the topics under study and to have input into the scholarship and overall quality of the research taking place. To this end I have developed criteria for students to follow in executing scholarly research methods and project reports. A number of senior projects produced by my students have been presented at professional conferences and published in journals. • ADVISING As a Department Head at Cal Poly,I consider myself an advisor to all Graphic Communication Department students,and I personally advise the StudentTAGA (Technical Association of the Graphic Arts) Research and Scholarship Committee. The committee's purpose is to address,via discussion and writing,current research and scholarly activities in the graphic communication profession. Another aspect of my advising responsibility is to oversee,along with a faculty advisor, a student managed and operated printing and publishing company. Called University Graphic Systems (UGS),this organization employs approximately 70 students and produces a campus daily newspaper and other printing required by some of the university's departments. Through UGS, Cal Poly is the only university in the nation that produces a daily newspaper, sometimes in full color,entirely on-campus and by students. The students control as much as$500,000 in real money each year. While UGS does not interfere with the department's academic program, it provides the student employees with practical experience in running a business with all of its financial,management,personal, and production problems. OTHER ACTIVITIES Some other teaching-related activities I have influenced include bringing to campus visitors and guest lecturers from the profession to meet with faculty and classes. I have also encouraged faculty symposia and special lectures by faculty, and I developed and 10 implemented a Distinguished Scholar Lecture Series. Additionally,I have prepared and submitted a position paper supporting foreign language study for all majors at Cal Poly. I have also offered the Graphic Communication Department as a resource and possible participant in international programs that the university is involved in,i.e.,the London Study Program, the Bechtel Indonesian Technology Development Program,and the International Agricultural Development Program. I am now also pursuing faculty and student exchange possibilities with universities in England, Sweden, China, and Russia. Under my direction,faculty and students have participated in tours of the Italian printing and publishing industry sponsored by the Italian Trade Commission,and the European Study Program sponsored by Heidelberg West. MEETINGS, CONFERENCES, WORKSHOPS, EXPOSITIONS (1980 - Present) I have attended over 100 communication-related meetings,conferences,workshops,and expositions. A list of these activities are available upon request. MAJOR CONSULTING PROJECTS Kearney,Bistline&Cohoon,Expert Witness regarding color transparency quality related to the print quality of a travel booklet for a national account. Base-Line Graphic Arts Products,Auburn,WA, Strategic decision consultation on develo- pment and marketing of new product lines. The Knowledge Company, Silver Spring, MD,Evaluation of Professional Graphic Arts Credentials for Foreign Nationals (retained twice for two separate assignments). Treasure Chest Advertising Company,Glendora, CA,Inplant Training Program for . Classroom and On-site Training. Scientific Games,Inc., Atlanta,GA,Feasibility Study on the Acquisition of a 15 Station Press for Printing "Scratch-Off'Lottery Tickets. Compage, Inc., San Francisco, CA,Development of International Printing Standards for Apple Computer Company. Coastal Dining Club,Grover City, CA and The Image Factory,Santa Maria, CA, Feasibility Study on the Acquisition of Haagen Printing Company. The Coca-Cola Company,Atlanta,GA,Analysis of Annual Report Production. Mike Roberts Color Productions,Oakland, CA,Technical and Communication Audit. Ad/Vent Grafx (subsidiary of Southwest Bell),Dallas,TX,Market Opportunity Study. 11 Honors and Awards Danforth Foundation Faculty Associate. Graphic Arts Technical Foundation "Award of Excellence." U. S. Government Printing Office "Distinguished Service Award." San Luis Obispo(Calif.)Economic Opportunity Commission "Board Member of the Year." California Polytechnic State University"Meritorious Performance and Professional Promise Award." Technical Association of the Graphic Arts has established an annual student research award entitled: 11,000 Harvey R.Levenson Student Paper Award." Selected to moderate a news conference on literacy for Dr.Lauro Cavazos when he was Secretary of the United States Department of Education. Acknowledged by Mrs.Barbara Bush,former"First Lady of the United States," for supporting the nation's literacy efforts. Invited to The White House by former President George Bush to participate in the National Literacy Honors Program. UNIVERSITY COMMITTEES Cal Poly College Strategic Planning Committee President's Cabinet Committee for Resources and Development Western Association of Schools and Colleges(WASC)Accreditation Committee International Agricultural Development Program Committee Academic Senate General Width and Breadth,Technology Subcommittee Search Committee for Upward Bound Program Director University Logo Committee Instructional Department Head Council Search Committee for Dean, School of Professional Studies and Education Academic Senate Long Range Planning Committee Academic Senate General Education and Breadth Committee 12 A University Commencement Speaker Selection Committee As Department Head I sit on all department administrative committees including Curriculum,Budgets,Laboratory Development,Fund Raising,Faculty and Staff Development, Industry Relations, Staffing and Productivity, and Recruiting. La Roche College Chair of Committee on Quality Undergraduate Education(QUE) Search committees for Academic Dean,Humanities faculty,Administration and Management faculty,Graphics,Design,and Communication faculty, Natural Sciences faculty Pittsburgh Council on Higher Education (PCHE)Television Consortium Human Resources Management(HRM)Graduate Program Steering Committee President's Planning Commission Acting Chair for Communication Program Steering Committee Curriculum Review Committee Student Honors Committee COMMUNITY SERVICE San Luis Obispo (County), CA Atascadero Babe Ruth League,Development of program for 14 Year Old State Tournament hosted by Atascadero, July 21 - 27, 1995. Coordinating the development of an "electronic university" for the City of Paso Robles, CA. Board of Directors member of the Atascadero Sox semi-pro baseball team. Presentation to various service clubs,e.g., Kiwanis, Rotary,Lions, ALTRUSA, on Literacy in the United States, California,and San Luis Obispo County. Advisor to the local Mozart Festival on matters pertaining to the publication and printing of brochures and other literature needed for the Festival. Den Leader,Atascadero, CA, Cub Scout Pack 153. Board of Directors member, San Luis Obispo Literacy Council. Coordinator and coach,Monterey Road Elementary School and Atascadero Junior High School, Atascadero, CA, Chess Team. 13 Sponsor, Atascadero,CA, Youth Little League. . Statistician and Photographer,Atascadero, CA, Youth Football. Chair,Fund Raising Committee, Atascadero, CA, Boy Scout Troop 153. Council Member,Monterey Road Elementary School Site Council,Atascadero, CA. Pittsburgh, PA Advisor in the Development of Women In Graphics, a Pittsburgh organization to enhance the status of local women in the graphic arts and related fields. Presented a position paper for a City Council public hearing regarding a cable television ordinance for the City of Pittsburgh. Assisted the Bureau of Cable Communication, City of Pittsburgh, in reviewing Requests For Proposals(RFP) and other documents related to the City of Pittsburgh cable television franchise. Advisor to individuals and groups wanting to develop community communication television programming. Advisor to the Town Council,Town of McCandless regarding the renegotiating of its cable television franchise. Member of the Pittsburgh Council on Higher Education Television Consortium and Chair of its Needs Analysis subcommittee which surveyed citizen interests in telecourses. Coordinator of Professional Explorer Post which focussed on careers in graphic arts, graphic design, architecture, and communication. 14 f t 'gin I t Ess E, e; 1979n 0 Please return to: *,is- CITY CLERK 6500 Palma Avenue f( tiffrG;#':, Room 207 Er#teiievK t3aE �xie,;;>;: ;:<:;;:<.;;:;;• .......:........ Atascadero, CA 93422 CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City (exception: teen representatives need not be registered voters). Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. II �11 NAME: /'(rCgC e- I F Ytcwje-:; Home Phone: ADDRESS: 22 b m ,.p-ze;"a x 61>0i Work Phone: Are you a resident of the City of Atascadero? Yes How Long? EMPLOYMENT: Present or last employer (or school, if applicable) EDUCATION: RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: R�rs�cred /ro�eSSreaa� �a9/4ccr Co•�tro� Sys�t�•rs �a /7cc•^i� I 61M the llut ZTZfTr�'e n fl. ', fln gital encoding and have been a member of the Board of Standards o� f�elns�`rr, c 2fa21i, �ociez/J, 6-V Since /99'/ INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: instructor, J Atasuadezu, U ) PC OTRERCITY CdMM SSIRS&K-P)MIWtfS6A&RA-RODS PREVIOUSLY OR CURRENTLY SERVING ON: Chairperson of Atascadero Recycling Committee How did you learn about this vacancy? Newspaper Ad Community Group Word of Mouth Library City Hall Place of Employment Other (specify): lVr?w �r c6 r�rc/e This application and supplement are"public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest,pursuant to the Fair Political Practices';regulations. Information will be provided by the City Clerk. CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE CONSORTIUM FOR COMMUNITY MEDIA - CITIZEN REPRESENTATIVE 1. Please explain why you would like to serve on the Consortium for Community Media. I believe I can help the city of At n ormation needs in the future. I am familar with the historical, regulatory and technical e ec nologies in question and I understand the advantages and disadvantages of their implementations fornnmm„nit* In ormat on systems. 2. Do you have any experience with the use of community-wide communications media (e.g. the PEG provisions of cable franchises, electronic bulletin boards, the Internet, World Wide Web, video conferencing? Please explain. Afar Pyj arian^a inrl:t�.Sa' a6 widg PaRge of Gempqtep system documentation, design, system analysis, proposals, supervision, tpgt i ng„. test equipment Dior ' instrumentation design and application consultant for wide • variety of applications including commisn i rat i nn syztom documentation consultant. 3. Do you have any experience with (or special knowledge about) the formation or implementation of community-wide communications policy? (e.g. cable franchises with PEG provisions, SLONET, the Internet, video conferencing). Please describe. my W012C ng evaluations and analysis have been in the following areas: Analog Telephone Signal Concepts . Private Branch ExchengpG —�sY oa and'Sync ronous Transmission . Voice Communications . Switching Techniques , Connectivity Considerations . Computer Netwnrk umPun—EtS I rac er s cs . Protocols , Modems-to-Network Connections Multiplexers . Multiplexing Methods . FBM . Network and Designing Communication Networks . Evaluating Network Needs . Network Profiles . Needs Assessments . Network —Ta-G-aaeiegy-�� no ogy Baseband Network Technology . Novell Netware . Broadband Network Technology . Packet Technology C, _ Supplemental Application Consortium for Community Media - Citizen Representative Page 2 4. Are you familiar with the goals and objectives of the Consoritum for Community Media? Please explain. es of the Memoradium of Understanding e o5jecTives as well as some 5. How would you see your role as a member of the Consortium? s vity' fttJ -s amarsing agog tQ th-9 b9Et_ 9f my ab l °t yz 6. If there is additional information you would like to share about yourself, please use the following space provided (optional). I am the author of 24 boons on computers, data communications ons. . ome o ese are -scheduled to be translated into other languages including 2 Chinese editions. I hereby certify that the foregoing information is true and correct. Signature: ;� Date: • rwln. 1 n . , -11-1— . QI,G 1 To: Lee Price, City Clerk City of Atascadem Fax: 461-0606 September 14, 1995 Michael Hordeski 2250 Monterey Road City Council Atascadero, CA 93422 D City of Atascadero � :@, 6500 Palma Avenue SEP I 3 Atascadero, CA 93422-4299 CITY OF ATASCADERO CITY CLERK'S OFFICE Dear City Council• I have submitted an application to serve on the Consortium for Community Media. I will be in Ohio during the week of September 25 to 29, however I still wish to be considered for this position since I think I have much to offer. Sincerely, Michael Hordeski, P.E.-► 11 i a RESOLUTION NO. 88-95 40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPOINTING ONE MEMBER OF THE PUBLIC TO SERVE ON THE CONSORTIUM FOR COMMUNITY MEDIA TASK FORCE WHEREAS, on May 23, 1995, the City Council of the City of Atascadero approved a Memorandum of Understanding with the Consortium for Community Media; and WHEREAS, the Consortium for Community Media is a coordinated effort by governmental agencies, educational institutions and others in the public and private sector of San Luis Obispo County established for the purpose of pursing a county- wide communications plan by collectively taking advantage of emerging technologies; and WHEREAS, as a contributing member of the Consortium,the City of Atascadero desires to be represented on the Task Force by a member of the public who has expertise-in the area of communications and technology; and WHEREAS, the City Clerk conducted a recruitment and solicited applications from members of the public interested in serving on the Consortium Task Force; and WHEREAS, the City Clerk did receive four(4) applications for consideration; and WHEREAS, the City Council did, on September 26, 1995, interview and consider the candidates for appointment to the Consortium TaskForce and did then vote for specific nominations. NOW, THEREFORE, the City Council of the City of Atascadero does hereby resolve: Section 1 . Appointment. The City Council appoints the following citizen to serve as Atascadero's representative on the Consortium Task Force until the Memorandum of Understanding expires on June 30, 1997: Resolution No. 88-95 Page Two Section 2. Re-appointment. The appointment may be extended by the City Council for a period of two years. On motion by Councilperson and seconded by Councilperson the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney r ONTRACT NO. 95015 • MEMORANDUM OF UNDERSTANDING Consortium for Community Media 1995-1997 HISTORY Cable TV access channels typically provide community-oriented programming, such as local news, public announcements, distance education and government meetings. They are usually programmed by individuals or local organizations, on either',;public, education or government channels (PEG). Under the 1984 Cable Act, local franchising authorities could require that cable operators set aside channels for PEG use. In addition, franchising authorities could require cable operators to provide services, facilities and equipment to support the use of these channels. For the most part, cable franchises within San Luis Obispo'County have not contained PEG provisions until recently. Over the years, there has been interest in PEG, but there was no sustained, coordinated effort to put PEG into place for the San Luis Obispo County community. The County of San Luis Obispo recently signed two cable franchise renewals with PEG provisions, and is interested in helping to coordinate a joint effort of all the County communities around this issue. Since cable TV is only one means of solving some of the communication issues shared by County communities, other communication technologies, such as phone, Internet access, wireless and others would also be examined as part of a joint effort. We often read about the "convergence of technologies" and about the wonders the future will bring. As we each prepare our organization for the future, being able to take advantage of these technological opportunities quickly will benefit all our citizenry. A joint effort of the governmental and educational institutions in the County, as well as the public and private sectors, opens new opportunities for us. Collectively, we can take advantage of the emerging technologies that are not available to individual institutions and harness the power of the technology in cost-affective ways. Such an effort will also strengthen coordinated, Country-wide communications to address challenges that do not recognize jurisdictional and organizational boundaries. In November 1994, the County initiated an investigation of what our resources and options might be. Three meetings were convened with representatives from the governmental and educational communities, as well as the public and private sectors, to identify resources in the County and to.discuss shared communications needs and the potential benefits of creating joint solutions. A variety of communication tools including cable';TV, satellite and microwave communications, Internet access and video conferencing were discussed as potential vehicles to address unmet information needs of the San Luis Obispo County • citizenry. There was a strong interest in forming a task force to pursue a Country-wide communications plan to address these common needs. Of particular interest were the enhancement of: ,t 1. Distance learning for continuing education, staff development and expanded use of existing facilities • 2. Coverage of governmentteducation meetings and community events 3. General public information which includes everything from meeting agendas, pet adoptions to tourism All cities and the County were contacted to participate in the Consortium. Pismo Beach declined to be involved at this time. PURPOSE To form a task force comprised of members of the governmental and educational communities as well as the public and private sectors entrusted with planning for a San Luis Obispo County Consortium for Community Media. TERM The term of this agreement is from May 15, 1995 through June 30, 1997, to allow for adequate time to create a planning document, pilot activities, establish a long-term infrastructure, if necessary, and to seek State and Federal grant opportunities. This term is broken down into the initial Planning Phase which will last approximately six to eight months. Financial commitments for this phase is made by this memorandum. Future financial and phase designations will be determined. PARTICIPANTS Members of the task force will enter into this agreement at different levels and are listed. in the table on the next page: Contributing Members are those organizations that are making a financial commitment to the effort at least for the initial planning phase of six to eight.months, as outlined under the section titled Financial Considerations. Contributing members have control of the end product since they have made a financial contribution, though there is the understanding that the Consortium will attempt to do the best job possible with the resources available. These members may or may not choose to be actively involved in the task force itself, but will be kept informed of its activities. Task Force Members are those individuals who will actively participate in the workings of the group during the two year period. This is the core group who will ensure that the objectives of the task force are met and report back to their organizations as well as to the Contributing Members. 2 Friends of the Task Force are individuals and organizations that are willing to assist the • task force on a limited basis. This may occasionally take one of many forms including, but not limited to in-kind services, labor or financial resources. MEMBERSHIP CATEGORIES CONTRIBUTING MEMBERS Arroyo Grande Paso Robles Atascadero San Luis Obispo Grover Beach San Luis Obispo County Morro Bay TASK FORCE Arroyo Grande Atascadero State Hospital Atascadero Atascadero Unified School District Grover Beach California Polytechnic University Morro Bay California Specialized Training Institute Paso Robles County Office of Education San Luis Obispo Cuesta College San Luis Obispo County Lucia Mar Unified School District —Library San Luis Coastal Unified School District —Information Services SLONET —Franchise Administration Templeton Unified School District Association of Directors, Artists, Producers and Technicians (ADAPT) FRIENDS Arroyo Grande Community Hospital Pacific Bell California Men's Colony Pacific Coast Wireless Falcon Cable Paso Robles Public Schools General Hospital SLOCOG KCET Sonic Cable Television Please note: The list may change due during the life of the Consortium;and even prior to the signing of the MOU. OBJECTIVES • 1. To create an integrated two� oto thre., year video communication plan that will incorporate the use of technology now available, including: 3 a. Cable TV: A textual interactive bulletin board system Selected coverage of meetings and events Distance education and training b. SLONET/Internet: Increase community access and create opportunities for information providers C. Phone: Video conferencing, distance learning and other applications d. Instructional Fixed Television Service: Private channels owned by educational institutions for distance learning, video conferencing, etc. 2. To conduct an inventory of resources available in the County to help establish short term applications 3. To determine the best way of implementing cable TV public access in addition to its educational and governmental applications 4. To pilot one or more short term activities to demonstrate the potential of the technology 5. To determine the structure of organization of the task force and, if found necessary, the organization that is formed beyond the life of the task force FINANCIAL CONSIDERATIONS As part of the planning process, the task force will explore a variety of ways to fund activities including grants, partnerships and others. Meetings will be held in public facilities at little or no cost. The only cost presently proposed is the expense to support a community access consultant/facilitator to assist the task force. The consultant will be supported through the initial planning phase through funds provided by the Cities and the County based on the number of cable TV subscribers in each community. Schuler & Associates, the consulting firm that worked with the group in November, estimates this additional work for the initial planning stage to cost approximately $18,000. The deliverables forthe initial planning phase are as follows: i. Inventory tool 2. Report on telecommunications resources in the County 3. Report: Recommendations for Implementation of County-wide Interactive Bulletin Board System 4. Draft: Distance Learning Background Paper 5. Draft: Governmental Applications Background Paper 4 If we chose to continue through the two year period, an additional $44,000 will be needed for consulting fees. It is the intention of the task force to look for this additional financial support from grants, private partners and task force members in addition to the cities and County. Future contributions will be brought to the table in the form of monetary contributions as well as in-kind services. The following chart lists each jurisdiction's financial commitment for consulting services for the initial planning phasse. The financial commitment jurisdictions are making now is only to the initial planning phase and not for the entire two year project and does not include any equipment expenditures or other implementation costs. # C ABLE ABLE OF TOTAL COST PER JURISDICTION SUBSCRIBERS (To nearest JURISDICTION (To nearest 500) whole number Initial Planning without Pismo) Phase Arroyo Grande 4,500 8 $1,440 Atascadero 5,500 10 ` $1,800 Grover Beach 3,500 1 7 $1,260 Morro Bay 4,000 ( 8 $1,440 Paso Robles 5,500 10 , 51,800 San Luis Obispo ! 12,000 ( 22 $3,960 San Luis Obispo 18,500 35 $6,300 County T Future expenditures will be proposed by the task force and brought t4 the appropriate decision making bodies for approval For the financial agreements made under this MOU, the County of San Luis Obispo will take the responsibility to contract for services and/or equipment. The County will bill parties for their individual contributions. Payment is due to the County within 30 days of the date of the invoice. Late payments will be assessed a ten percent late charge on the outstanding balance and also pay to the County interest on the outstanding balance at a rate of one and one-half percent per month. The first phase payment, as specified in this MOU, will be invoiced after July 1, 1995. Future phase payments schedules will be determined during the initial planning phase. EXIT CLAUSE Any member of the Consortium can discontinue their involvement at any time by submitting a request in writing to: Community Access Consortium, San Luis'; Obispo County _5 { Engineering Department, County Government Center Room 207, San Luis Obispo, CA 93408. Those members committed financially can exit with the understanding that the financial commitments they have made need to be fulfilled on the agreed to payment schedule. LATE ENTRY It is in the best interest of the Consortium to have as many financial participants as possible for the success of the project. Therefore, if a jurisdiction or other entity chooses not to enter into the Consortium at the beginning, but decides to join later in-the process, a method of compensating the Consortium for prior work will be a condition of entry if the type of organization has counterparts in the Consortium that have made contributions, financial and otherwise. These additional funds will be applied to future Consortium activities. MEMORANDUM OF UNDERSTANDING The undersigned hereby agrees to become a participant in the Consortium for Community Media and to join with other participants in accomplishing the purposes and objectives of the Consortium as set forth herein. PARTICIPANT: By Title Havor ProTem Organization city of Atascadero Attest: GEE PR±E/ . C1tYxC1erk File: Community Access m\common\cabiety\mou6.wpd(cmc) b ., r RESOLUTION NO. 02-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING REVISED PROCEDURES FOR THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS WHEREAS, the Atascadero City Council recognizes that citizen participation in local government plays an important and active role in the City of Atascadero; and WHEREAS, the Atascadero City Council has established committees, commissions and boards to assist in the conduct of municipal affairs; and WHEREAS, the Atascadero City Council did adopt Resolution No. 35-81 on November 9, 1981 establishing selection procedures for committees, commissions and boards; and WHEREAS, the Atascadero City Council desires to update and revise said selection procedures. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1 . Purpose. The purpose of this resolution is to revise established procedures for the Council to follow in recruiting, selecting and appointing members to City committees, commissions and boards created pursuant to statute or by action of the City Council. Appointments and replacements will be made pursuant to the provisions of Government Code Section 54970 et seq., and the following. SECTION 2. Recruitment and Eligibility. Announcements of openings for any committee, commission or board to which members are appointed by the City Council will be coordinated by the City Clerk. Any person desiring to be considered for appointment to any City committee, commission or board shall complete an application provided by the City Clerk. Applications are accepted year-round and shall remain on file for a period of six months from the date received. Applicants may be considered for future vacancies, for the specific committee, commission or board for which they applied, should a vacancy occur during the six month period. All applicants shall be residents and registered voters of the City of Atascadero over the age of 18, and meeting any announced additional criteria as established by the City Council shall be eligible to apply. All appointees are subject to financial disclosure, pursuant to the Political Reform Act. SECTION 3. Interviews. All candidates meeting the criteria established in Section 2 may be interviewed by the City Council during a properly noticed meeting. Interviews will be open to the public. Resolution No. 02-95 1 Page Two I SECTION 4. Selection. a. Council members will vote for the candidate(s) of their choice by placing their name and circling the name of their selection(s) on a ballot form provided by the City Clerk. Candidates' names will be placed in alphabetical order on the ballot form. b. After the City Council has had an opportunity to make its individual determination, the City Clerk will collect the ballots and will announce first the Councilmember's name and second the name(s) of the candidate(s) of that Councilmember's choice(s). Results of each individual Councilmember vote will be a matter of public record. C. The candidate or candidates receiving a majority of the votes of the Councilmembers present shall be appointed. In the event that no candidate or candidates receive a majority vote or in the event of a tie vote, then a run-off ballot or ballots will be cast, following the procedure of sub-paragraph a. above, until a majority is reached. The run-off candidates will consist of all candidates receiving at least two (2) votes and if not more than one of the candidates have received at least two (2) votes, then all those receiving at least one (1) vote will participate in the run-off balloting. This procedure shall be continued until a majority vote is cast. On motion by Councilperson Luna and seconded by Councilperson Johnson,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmember Carden, Highland, Johnson, Luna and Mayor Bewley NOES: None ABSENT: None ADOPTED: January 10, 1995 ATTEST: CITY OF ATASCADERO r rr� r By: 1A LEE PRICE, City Clerk DAVID BEWLEY, Ma or r Resolution No. 02-95 Page 3 APPROVED AS TO FORM: ARTHER R. MONTAN ON, City Attorney " • • Agenda Item: A-1 Meeting Date: 09/26/95 ATASCADERO CITY COUNCIL SEPTEMBER 12, 1995 MINUTES The Mayor called the meeting to order at 7:05 p.m. Councilperson Bewley led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Johnson, Luna and Mayor Highland Absent: Councilmember Carden Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata City Manager; Art Montand n , City Attorney; Roy Hanley, Deputy City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Bud McHale, Police Chief; Steve DeCamp City Planner and John Neil, Assistant City Engineer PRESENTATIONS: O Presentations to the contributors to the City/County tennis court additions at Heilmann Park The Mayor presented plaques to Mike Cannon of Cannon Associates and David Graham representing the Chalk Mountain Tennis Association. Also recognized, but unable to be present, was John Dallaire of A-J Excavating, Incorporated. Tim Gallagher, San Luis Obispo County Parks Department, reported that the County had contributed $225,000 to build the tennis courts and explained that the project became a reality because of local contributions in construction and on-going maintenance. He announced that a Grand Opening celebration is scheduled for early October and invited all to attend. Mayor Highland expressed appreciation to the County. CC 9/12/95 Page 1 CITY MANAGER'S COMMENTS: Andy Takata requested that the Council add a Closed Session to the end of the regular agenda. He noted that the matter relates to the Orange County Investment Pool and because of the late notice, would require a 4/5 vote by the Council to add. MOTION: By Councilman Luna, seconded by Councilman Johnson to add a Closed Session to the agenda; motion passed 4:0. CITY ATTORNEY'S COMMENTS: Status report on the adult book store (verbal) Art Montandon reported that he and his wife are involved in negotiations regarding a property purchase within 300 feet of the proposed bookstore and because of State Fair Political Practice Commission regulations he can no longer participate in this matter. He noted that the Deputy City Attorney, Roy Hanley, will assist in this regard from this time forward. Steve DeCamp provided the status report and indicated that the owner of the proposed bookstore has filed an incomplete application for a business license and has not responded to staff's request for additional information. He explained that staff has had discussions with the owner regarding renovations and changes to the structure but confirmed that a building permit application has not yet been submitted. Councilman Johnson requested that staff ensure that the public is notified when a date is selected for the attorney from the National Law Center for Children & Families to come to Atascadero to meet with members of the community. 0 COMMUNITY FORUM: Daphne Fahsing, 5105 Llano Road, read a prepared statement protesting continued operations at the Millhollin Mine (see Exhibit "A"). Susan Johanssen, Santa Ynez Avenue resident, spoke in opposition to the proposed bookstore. Jim Brenton, 11645 Santa Lucia, read a prepared statement regarding continued operations at the Millhollin Mine (See Exhibit "B"). Tom Austin, 10780 EI Camino Real, urged the City Council to extend Urgency Ordinance No. 293 regulating adult businesses and suggested that it be revised to include language requiring that any employee present on the premises is responsible for compliance. Responding to Council inquiry, the Deputy City Attorney explained that the pending application for an adult bookstore is exempted from the ordinance but clarified that if, for any reason, the proposed bookstore at that location does not go in, the CC 9/12/95 Page 2 ordinance would preclude any other application for an adult business at that site. Council and staff discussion followed relative to the Millhollin Mine. The City Attorney noted that the owner's appeal of staff's determination that an Environmental Impact Report (EIR) is required prior to consideration of the proposed closure and residential re-use plan for the quarry site is scheduled for the City Council meeting of September 26, 1995. He explained that two continuances have been requested to date and indicated that if the owner asks for another one, the Council has the discretion to deny or grant it. The Mayor asserted that he will not support another request for continuance. Councilman Luna asked the City Attorney if he was familiar with the appellant court decision referred to in Mr. Brenton's testimony (Hansen v. Board of Supervisors). Art Montandon indicated that the case has been de-certified and is currently at the Supreme Court of California and is not at this time law that can be relied upon. Councilman Luna requested staff to bring back at the next meeting, in addition to the appeal of the EIR, all options available regarding long-term treatment of the site. The Councilman Luna also spoke in support of a mining moratorium until some resolution is agreed upon about whether there will be a reclamation plan, a subdivision agreement or an EIR. The City Attorney reported that the City has never acted officially to stop the operations at the mine; Mr. Millhollin voluntarily agreed in the past to stop mining at that location. He advised that if the City Council decides to exercise its lead agency authority and, after hearing, determines that operations at the mine violate some law or permit the City has jurisdiction over, it could not be done within two weeks. If Council does make such a determination, he continued, the owner has the option of appealing to the State, at which time the City's order would be vacated. He explained that the State would hear it within sixty to ninety days and stressed that his concern was that the State has already indicated that the mine has a vested right and operates in compliance with its valid reclamation plan. Mr. Montandon further reported that a development plan and agreement would provide the City with the authority to go beyond what a reclamation plan can do and ask for reclamation through grading and other processes to reclaim the whole site, even those portions excavated in the 30's, 40's and 50's before the State Mining and Reclamation Act (SMARA) was adopted. Councilman Luna asked how much material per year is allowed to be removed under the existing reclamation plan. Art Montandon explained that the existing reclamation plan does not have a limit on the amount. He clarified that when Mr. Millhollin submitted his reclamation plan to the County in 1980, a figure of an average of 7,000 cubic yards per year was apparently estimated as what had been removed up and until that time. Councilman Johnson expressed interest in exploring options regarding the best CC 9/12/95 Page 3 possible treatment of the site. Councilman Luna requested that staff prepare, at minimum, an update about what has transpired to date regarding settlement of the legal issue. Art Montandon summarized the status and indicated that he would bring forward a full report in Closed Session at the next meeting. He stated that staff will also prepare a list of options, including a future evidence hearing. A. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 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 adoption of the FY1995/96 Budget Staff recommendation: Adopt 7. RESOLUTION NO. 86-95 - 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 & 8025 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 9. CITY COUNCIL APPROVAL OF EXCUSED ABSENCES (Councilmember Carden) Mayor's recommendation: Approve Councilman Johnson pulled Item #A-6. MOTION: By Councilman Luna, seconded by Councilman Bewley to approve the Consent Calendar, with exception of Item #A-6; motion carried 4:0 by roll call vote. CC 9/12/95 Page 4 Re: #6. RESOLUTION NO. 84-95 - Approving adoption of the FY1995/96 Budget • Staff recommendation: Adopt Councilman Johnson requested clarification of the amount approved for the San Luis Obispo Visitors & Conference Bureau. The City Manager noted that the budget should reflect $5,550 (instead of $4,100 as indicated in the budget document) plus $1 ,000 and requested that the budget be approved with that revision. MOTION: By Councilman Johnson, seconded by Councilman Bewley to approve the budget, as revised; motion passed 4:0 by roll call vote. B. PUBLIC HEARINGS: 1. RESOLUTION NO. 15-95 -Adopting the Economic Development Element of the Atascadero General Plan Staff recommendation: Adopt Steve DeCamp provided the staff report and recommendation to approve. He summarized changes in the document reflective of Council direction given August 8, 1995. There were no questions from the Council Public Comments: Rush Kolemaine, 4580 Potrero, mentioned that one change was necessary and pointed out that on page X-3, the words "customer oriented" should say "consumer oriented". He spoke in support of adoption but emphasized that the budget, as adopted, no longer includes $50,000 for the position of Economic Developer. He cautioned that the economic policy is moot until the money is appropriated and urged the Council to direct the City Manager to make the funds a', priority. He also recommended that staff share the element with members of the Citizens Task Force for Economic Recovery to help them recognize future expectations. ---End of Public Testimony--- MOTION: By Councilman Johnson, seconded by Councilman Bewley to adopt Resolution No. 15-95, as revised. Discussion on the motion: Councilman Luna asserted that he will vote in opposition to adoption because the element includes the fatal flaw of endorsing handouts by government. He commented that development should be encouraged to come for the right reasons and not because of give-aways. Vote on the motion: Motion to adopt passed 3:1 (Luna voting in opposition). • CC 9/12/95 Page 5 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 John Neil provided the staff report and recommended denial of the fee waiver. Public Comments: Tim Eckles, 8300 Coromar, spoke in support of his request. He pointed out that he lives 1 .2 miles from the wetlands of Amapoa and explained that he doubted the minuscule runoff from his property will impact the area significantly. He explained that he is attempting to restore and maintain one of Atascadero's original Colony homes and reported that the drainage impact fees double his permit fees. Council questions to staff followed. John Neil described how the fees are calculated and provided a status report on the drainage impact fund. He explained that the fees collected are not sufficient to solve drainage problems in the lower Amapoa/Tecorida area. Mayor Highland noted that the drainage impact fee was established on the rationale that all uphill development above Morro Road bears some responsibility for drainage 'down in the area. Councilman Johnson commented that, short of restructuring, he could not see how the Council can approve a fee waiver. Responding to inquiry from Councilman Bewley, John Neil reported that there have not been other requests for fees waivers. Staff also confirmed that Mr. Eckles was not required to pay a fee to appeal. Tim Eckles remarked that, while he understands staff's recommendation, the ordinance is inconsistently administered and represents merely a "finger in the dike" resolution. MOTION: By Councilman Bewley, seconded by Councilman Johnson to deny the appeal; motion carried 4:0 by roll call vote. 2. FORMATION OF LINDA VISTA AVENUE ASSESSMENT DISTRICT Staff recommendation: Provide direction John Neil provided the staff report and recommendation to authorize preliminary proceedings to form the district. He explained that a petition signed by seven property owners has been submitted in favor of establishing the assessment district and indicated that estimated preliminary costs will cover the cost of sending out notices, conducting a community meeting, site checks, review of earth/drainage cost, and preparing the cost estimate for the district. CC 9/12/95 Page 6 Councilman Luna asked if a letter would be mailed out to property owners to find out who approves of the district formation. John Neil indicated that this is the first step and stated that if there isn't at least 60% majority in favor, staff will not proceed. Mayor Highland speculated that it will be an expensive project. John Neil agreed and noted that the initial estimate is approximately $10,000 per parcel. Mayor Highland suggested that staff include a statement about approximate costs in the letter to property owners. Public Comments: Lindsay Hampton, 8402 Alta Vista, pointed out that the petition reflects only four households and commented that there are only six lots that have direct access. Neighboring residents take access by other streets, she said. Mrs. Hampton commented that she was opposed to the City spending moneyto study the issue when there isn't any extra money to pay for it. John Atherstone, 8330 Linda Vista, spoke in favor of forming the district and emphasized that large vehicles (including fire trucks, garbage trucks, tow trucks) must travel the road to provide services. He indicated that residents;have attempted to maintain the road themselves with little success and want to seethe road improved. James Vess, 8325 Linda Vista, also spoke in support and urged the Council to find out what it will cost to improve the road. Mrs. Mario Lopez, 8336 Linda Vista, also spoke in favor of forming the assessment district. ---End of Public Testimony--- John Neil reiterated that the first step will be to send out a letter to all property owners. If the majority of the neighborhood is not in favor, staff will not proceed. He also pointed out that only those residents who have direct access via Linda Vista will be polled and clarified that residents who gain access by another route will not be included in the district. By Council consensus, staff was authorized to begin preliminary preparations as recommended and directed to proceed with determining property owner interest. 3. RESOLUTION NO. 85-95 - Supporting the formation of a regional water agency to represent North S.L.O. County and the City of San Luis Obispo on water resource issues of regional concern Staff recommendation: Adopt II CC 9/12/95 Page 7 Mayor Highland reported that he had requested that this item be placed on the agenda as a result of last month's North County Council Executive Committee meeting. The • Mayor clarified that the policy statement supports the formation of a regional water agency to represent the North County on water resource issues and spoke in favor of adoption. He requested that, if approved, a copy of the resolution and policy be forwarded to the San Luis Obispo City Council for consideration at their meeting of September 19, 1995. Councilman Luna voiced concern that the policy statement does not point out that the City of Atascadero is unique in that the water purveyor is a separate entity and commented that he would be more comfortable if the Atascadero Mutual Water Company was referred to in the second paragraph of Section A of the policy. He added that they deserve a vote. Mayor Highland explained that the Water Company will be included precisely because they supply Atascadero with its water. He added that all entities will have representation once a regional water agency is formed. Public Comments: Eric Greening, 7365 Valle, commented that he agrees with the theory behind the resolution, but does however have one problem with it as worded. He suggested that the word "agency" be replaced with the word "planning group" and argued that all interested parties need to be at table to define projects. ---End of Public Testimony--- It was agreed that endorsement of the policy statement was one of the first steps and that the verbiage can be clarified as part of document adoption during thb agency formation. MOTION: By Councilman Luna, Councilman Johnson to adopt Resolution No. 85-95; motion carried unanimously. 4. DESIGNATION OF CITY COUNCIL MEMBER VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Staff recommendation: Select a delegate The City Clerk provided a brief report. Council appointed Councilmember Ray Johnson as the voting delegate. 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 the County Water Advisory Board CC 9/12/95 Page 8 met on September 6, 1995 and announced that the Nacimiento Water . Purveyors Advisory Group would be meeting on September 14, 1995. 2. Economic Round Table -Councilman Johnson reported that the Round Table meets on Wednesday, September 20, 1995 at 7:00 a.m. 3 Air Pollution Control District - Mayor Highland reported that the September meeting has been canceled. The District will meet on October 2, 1995. 4. North County Council - Mayor Highland reported that the Executive Committee will meet on Thursday, September 28, 1995 at the Lake Park Pavilion. 5. Integrated Waste Management Authority - Councilman Luna announced that the Authority will meet on September 13, 1995. He also noted that Kelly Heffernon is now serving as Vice President of the technical committee. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Johnson reported that he had received some letters regarding drainage on Atascadero Avenue and EI Centro. The City Manager indicated that staff has communicated with both property owners and are seeking to resolve the problems. 2. City Attorney Art Montandon noted that the added Closed Session item is for the purposes of discussing potential litigation regarding the Orange County Investment Pool. 3. City Clerk: Schedule dates for interview of applicants for City Treasurer and Consortium for Community Media The City Clerk provided a status report on recruitments for City Treasurer and for a citizen representative on the Consortium for Community Media Task Force. The City Council agreed to meet at 6.00 p.m. on Tuesday, September 26, 1995 for purposes of interviewing candidates for the Consortium for Community Media Task Force. In addition, the City Council agreed to meet, at a time to be later decided, before the regular meeting on Tuesday, October 10, 1995 for purposes of interviewing candidates for City Treasurer. • CC 9/12/95 Page 9 4. City Treasurer Micki Korba reported that she hopes to have City Treasurer Reports forand • August soon and clarified that the delay is because of year-end closing of the books. The Mayor adjourned the meeting to Closed Session at 9:15 p.m. CLOSED SESSION: The City Council met in a Closed Session to discussion potential litigation regarding the Orange County Investment Pool. Closed Session was adjourned at approximately 9:15 p.m. The City Council gave direction to the City Manager regarding litigation. THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, SEPTEMBER 26, 1995 AT 6:00 P.M. MINUTES RECORDED AND PREPARED BY: UE RICE, City Clerk Attachments: Exhibit "A" (Brenton) Exhibit "B" (Fahsing) CC 9/12/95 • Page 10 PUBLIC COMMENT cc 09/12/95 EXHIBIT "A" Tuesday, September 12, 1995 SUBJECT: MILLHOLLIN MINE Jim Brenton, 11465 Santa Lucia Road, Atascadero, CA Gentlemen, It was July 11, 1995 that I first talked to you regarding the continued operation of the Millhollin mine, past the expiration date of the Interim Operations Agreement May 30, 1995, three and one half(3 1/2) months ago. During that public comment session I was informed by the City Attorney "that there was nothing that could be done because Mr. Millhollin has vested rights to mine at the location." The question of vested rights may be true, however tonight I hope to provide a path of action which will protect Mr. Millhollin's historical vested rights to mine plus legal support for the action I will be recommending the Council take. Atascadero is not the only community in the State of California where mine owner's have tried to expand or increase their operation to remove more material then they had historically been removing from their mine locations. Nevada County in the State of California has a mine owned by the Hansen Brothers. Like the Millhollin mine, the Hansen Brothers mine has gained its historical vested rights by being in operation and establishing an amount of material which it had been removing from the mine prior to the enacting of S.M.A.R.A. (State Mining & Reclamation Act) in 1975. In the Hansen Brothers mine, the vested rights amounted to 1,300 cubic yards per year. For the Millhollin mine, if we use the figures on the 1950 Reclamation plan which shows 67,000 cubic yards removed since 1945, then the historical vested rights for the mine would be approximately 2,000 cubic yards per year. Like the Millhollin mine did in 1991, the Hansen Brothers mine also tried to expand and increase the amount of material to be removed from the mine. • The County Board of Supervisors voted to limit the amount of material which could be removed to the historical vested right without the filing of -1- ^ r PUBLIC COMMENT a new reclamation plan and use permit. This action by the Nevada County Board of Supervisors, limiting the amount of material to be removed to the historical vested rights has been upheld by the local count, plus the Third District Appellate court. It is my recommendation that the Council vote as soon as possible to limit the amount of material being removed from the mine to the historical vested right of approximately 2,000 cubic yards per year. This action may not make all parties as happy as they would like , however it does accomplish the following: 1. Protect Mr. Millhollin's vested right to mine at the location. 2. Establishes an amount that the neighbors were use to seeing removed from the mine when most of them bought their present homes. 3. Allows you to deal with other important matters for Atascadero. 4. Gives Mr. Millhollin the ability to plan the future of the location. ^ Does he want to mine under his historical vested rights requirements. ^ Does he want to stop mining and become a developer, which would require compliance with all city regulations. ^ Does he want to mine and increase the amount of material to be removed by filing a new approved reclamation plan and use permit. -2- CC 09/12/95 EXHIBIT "B" Public Comment, Tuesday, Sept . 12,1995 • Subject : Millhollin Mine Daphne Fahsing, 5105 Llano Rd. I hope you've had a chance to read the letters I put in your box yesterday concerning the Millhollin Mine. A staff History of the Millhollin Quarry dated August 1,1995, .=states that Mr. Millhollin has appealed the EIR determination and requests to suspend the appeal hearing until the Sept. 12 Council agenda. However, it is not on tonight ' s agenda, and I'; understand that Mr. Millhollin has again appealed for another extension, and he has been granted that extension. If the City truly wants to settle this litigation, why is Mr. *Millhollin granted extension after extension and • delay after delay? It ' s doing nothing but costing everybody a lot of money, and the mine continues to operate; the mountain continues to be destroyed - which is what Mr. Millhollin really wants . And this is especially aggravating because we were forced into this lawsuit when the Council refused to give us a 30-day extension before the Interim Agreement was signed. I ' d like to repeat what I said in my statement to the Council on August 8,1995: "Once the Interim Operations Agreement expired (at the end of May) , 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 delayingactions, and the lawsuit could have proceeded. " I can' t help wondering, if this public eyesore was in a more noticeable location, for instance facing the ,freeway where all who passed could see this blight on our landscape, • more . . . . . . . . . . Daphne Fahsing, Millhollin Mine - page 2 would not the Council have found a way to stop it? You did close the mine for several months in 1994; you could do it again as Mr. Millhollin has continually "thumbed his nose" at you (to use an old expression) and ignored everything you 've asked him to do. I hope you won 't allow him to bluff his way out of the EIR as well . 0000000 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-2 Through: Micki Korba, City Treasurer Meeting Date: 9/26/95 From: Brad Whitty, Finance Director SUBJECT: Treasurer' s Report - July, 1995 RECOMMENDATION• Council review and accept. Attachment: Treasurer' s Report, July, 1995 II 000001 CITY OF ATASCADERO TREASURER'S REPORT • FOR THE MONTH OF JULY (Unaudited) GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN. BALANCE $351,592 5,892,722 644,921 $6,889,235 RECEIPTS 2,130, 133 2, 130, 133 DISBURSEMENTS <2, 197, 176> <132,902> <2,330,078> TRANSFERS IN 1,360,000 1,064,720 -0- 2,424,720 TRANSFERS OUT <1,000,000> <1,360,000> -0- 2,360, 000 OTHER -0- -0- -0- -0- BALANCE $644,549 5,597,442 512,019 6,754,010 DEPOSITS IN 13, 824 TRANSIT CHECKS OUTSTANDING <268,425> ADJUSTMENTS <347> ADJUSTED TREASURER'S BALANCE $6,499,062 CITY OF ATASCADERO MURIEL C. KORBA City Treasurer a:treas-rpt #40 000002 ALL FUNDS - GENERAL ACCOUNTLINVESTMENTS RESERVED UNRESERVED FUNDS CASH ( 1) CASH (2) General Fund Pooled Cash $ $ 686,380 Was Tax Fund Pooled Cash 11, 114 evelopment Fee Pooled Cash 21,009 Donations Pooled Cash 3,272 A.D. #4 - Reserve Pooled Cash 41, 109 Zoo Enterprise Pooled Cash < 8,790> 92 St.A.D. Resrv. Pooled Cash 45 Payroll Trust Pooled Cash 23,978> TRAN Repayment Pooled Cash 366 94CDBG Pooled Cash <18, 129> 93 STBG-688 Pool Cash 30,187 93 EDBG-268 Pool Cash 974 Dial-A-Ride Pooled Cash 90,220 Wastewater Fund Pooled Cash 1,470,417 Lake Park Pavil. Pooled Cash < 16,339> Aquatics Pooled Cash < 7,281> Recreation Pooled Cash < 58,744> Tree Plant Fund Pooled Cash 29,683 Tree Assn Fund Pooled Cash < 261> Sidewalk Trust Pooled Cash 40,876 Emergency Services Pooled Cash 2,825 Police Training Pooled Cash < 3013> Weed Abatement Pooled Cash 31,685 A.D. #3Redemptn. Pooled Cash 7,729 A.D. #4 Redemptn. Pooled Cash 59,880 A.D. #5 Redemptn. Pooled Cash <2,905> Camino Real Redm Pooled Cash 149,628 S2 Street A.D. Redemptn Pooled Cash 101,963 anta Rosa AD #7 <107> 89 COP Debt Svc Pooled Cash < 54160> Capital Project Pooled Cash < 8028> ' 89 COP Const. Pooled Cash -0- Pol. Dev. Fees Pooled Cash 7,300 Fire Dev. Fees Pooled Cash 29,865 P&R Dev. Fees Pooled Cash 56,846 Drain. Dev. Fees Pooled Cash 315,649 Amapoa-Tec. Fee Pooled Cash 217,809 Public Works Pooled Cash <11306> St. Main. Dist. Pooled Cash 40,507 TDA Non-Transit Pooled Cash 27,632 Sewer Facilities Capital 21069,071 Camino Real Const. Pooled Cash 165,714 Las Encinas Const. Pooled Cash 116,083 3F Meadows Const. Pooled Cash 95,209 Santa Rosa A.D. #7 Pooled Cash 49,081 TOTAL ALL FUNDS 406,744 $5,580,299 CASH WITH FISCAL AGENT Camino Real Resr Cash $ 202,766 92 St. A.D. Resv Cash 45,685 Wastewater Fund Cash 66,223 20amino Real Redm. Cash 33 St. A.D. Redm. Cash 115 9 COP Debt Svc. Cash 197, 197 TOTAL WITH FISCAL AGENT $ 512,019 TOTAL RESTRICTED CASH UNRESTRICTED CASH $6,449,062 0O0003 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 7/31/95 INTEREST TIME DEPOSITS: AMOUNT RECEIVED Orange County Investment Pool/TRAN $ -0- $ 29,354 (6) Orange County Investment Pool -0- 115,021 Local Agency Investment Fund - Reg. 4,532,722 31,760 Local Agency Investment Fund - TRAN 1,360,000(3) TOTAL TIME DEPOSITS $5,892,722 176, 135 Mid-State Interest Received 8,563 TOTAL INTEREST RECEIVED $184,698(5) Notes: ( 1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay the $1,210,000. Tax Revenue Anticipation Note (TRAM) from this fund including $56,518 interest at 4.75% per annum by June, 1996. (4) July, 1995 interest yields were as follows: Orange County Not available LAIF 5.99% Mid-State 2.55% (5) This is actual amount deposited to City accounts through July 31, 1995 and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. (6) On December 6th, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a loss of $1, 155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. 000004 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item'• A-3 Through: Micki Korba, City Treasurer Meeting Date: 9/26/95 From: Brad Whitty, Finance Director SUBJECT: Treasurer' s Report - August, 1995 RECOMMENDATION• Council review and accept. Attachment: Treasurer's Report, August, 1995 000005 CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF AUGUST (Unaudited) GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN. BALANCE $644,549 5,597,442 512,019 $6,754,010 RECEIPTS 674,782 -0- 674,782 DISBURSEMENTS <1,704,901> -0- <1,704,901> TRANSFERS IN 650,000 -0- -0- 650, 000 TRANSFERS OUT -0- <650,000> -0- <650,000> OTHER -0- -0- -0- -0- BALANCE $264,430 4,947,442 512,019 $5,723,891 DEPOSITS IN 21,233 TRANSIT CHECKS OUTSTANDING <1901010> ADJUSTMENTS -0- ADJUSTED TREASURER'S BALANCE $5,555, 114 CITY OF ATASCADERO MURIEL C. KORBA City Treasurer a:treas-rpt #49 000006 ALL FUNDS - GENERAL ACCOUNT I INVESTMENTS RESERVED UNRESERVED FUNDS CASH (1) CASH (2) General Fund Pooled Cash $ $ 618,615 sas Tax Fund Pooled Cash 34,290 evelopment Fee Pooled Cash 211 Donations Pooled Cash 2,795 A.D. #4 - Reserve Pooled Cash 42, 109 Zoo Enterprise Pooled Cash < 12017> Camino Real Reserve <4,685> 92 St.A.D. Resrv. Pooled Cash 45 Payroll Trust Pooled Cash < 6394> TRAN Repayment Pooled Cash 366 94 CDBG Pooled Cash < 4800> 93 STBG-688 Pool Cash 31,694 93 EDBG-268 Pool Cash 975 Dial-A-Ride Pooled Cash 78,357 WasteWater Fund Pooled Cash 1,432,889 Lake Park Pavil. Pooled Cash < 16906> Aquatics Pooled Cash < 15,095> Recreation Pooled Cash < 70648> Tree Plant Fund Pooled Cash 29,683 Tree Assn Fund Pooled Cash < 261> Sidewalk Trust Pooled Cash 40,876 Emergency Services Pooled Cash 3,533 Police Training Pooled Cash < 4494> Weed Abatement Pooled Cash 5,498 A.D. #3Redemptn. Pooled Cash 7,729 A.D. #4 Redemptn. Pooled Cash <9, 183> 4 .D. #5 Redemptn. Pooled Cash <2,905> amino Real Redm Pooled Cash 23,598 2 Street A.D. Redemptn Pooled Cash 32,843 Santa Rosa AD #7 <107> 89 COP Debt Svc Pooled Cash <54, 160> Capital Project Pooled Cash < 18926> ' 89 COP Const. Pooled Cash -0- Pol. Dev. Fees Pooled Cash 9,630 Fire Dev. Fees Pooled Cash 36,021 P&R Dev. Fees Pooled Cash 70,437 Drain. Dev. Fees Pooled Cash 322,056 Amapoa-Tec. Fee Pooled Cash 218,673 Public Works Pooled Cash < 613> St. Main. Dist. Pooled Cash 40,507 TDA Non-Transit Pooled Cash 27,632 Sewer Facilities Capital 2,067,054 Camino Real Const. Pooled Cash 11,200 Las Encinas Const. Pooled Cash 14,243 3F Meadows Const. Pooled Cash 11,649 Santa Rosa A.D. #7 Pooled Cash 49,081 TOTAL ALL FUNDS 138,846 $4,904,249 CASH WITH FISCAL AGENT Camino Real Resr Cash $ 202,766 92 St. A.D. Resv Cash 45,685 Wastewater Fund Cash 66,223 41mi.no Real Redm. Cash 33 St. A.D. Redm. Cash 115 89 COP Debt Svc. Cash 197,197 TOTAL WITH FISCAL AGENT $ 512,019 TOTAL RESTRICTED CASH UNRESTRICTED CASH $5,555r114 000006.1 TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 8/31/95 INTEREST TIME DEPOSITS: AMOUNT RECEIVED Orange County Investment Pool/TRAM $ -0- $ 1,609 (6) Orange County Investment Pool -0- 51,206 Local Agency Investment Fund - Reg. 4,532,722 64,720 Local Agency Investment Fund - TRAN 350,000 (3) TOTAL TIME DEPOSITS $4,947,442 117,535 Mid-State Interest Received 2,422 TOTAL INTEREST RECEIVED $119,957(5) Notes: ( 1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay the $1,210,000. Tax Revenue Anticipation Note (TRAM) from this fund including $56,518 interest at 4.75% per annum by June, 1996. (4) August, 1995 interest yields were as follows: LAIF 5.91% • Mid-State 2.53% (5) This is actual amount deposited to City accounts through August 31, 1995 and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent accounts, which are used for bond retirement purposes. (6) On December 6th, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a loss of $1, 155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. 000006.2 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-4 • Through: Andrew J. Takata Meeting Date: 09/26/95 City Manager File Number: TTM 92002 From: Steven DeCamp City Planner SUBJECT: Acceptance of Final Tract Map #92002 to subdivide one (1) parcel containing 5 . 3 acres into four (4) residential lots containing approximately 1 . 0 acres each and one lot containing approximately 1.5 acres . Subject site is located at 5100 San Anselmo Road. (Kelly Gearhart) (Wilson Land Surveys) . RECOMMENDATION• Acceptance of Final Tract Map #92002 . BACKGROUND: On February. 23, 1993, the City Council considered the above- referenced tract map on its ' Consent Agenda. The City Council agreed with the Planning Commission' s recommendation and approved Tentative Tract Map #92002 in accordance with the Findings and the Revised Conditions of Approval. All conditions have been completed by the applicant. /Ph Attachment: Location Map cc: Kelly Gearhart Ken Wilson 000007 1 r y '. 1i. 1 � ir �g Agenda Item: A-5 Meeting Date: 9/26/95 * .NOTICE: THE STAFF REPORT FOR THIS ITEM WAS NOT AVAILABLE AT THE TIME OF AGENDA PREPARATION AND WILL BE DISTRIBUTED SEPARATELY. 000009 REPORT TO CITY COUNCIL CITY OF ATASCADERO ITEM: B-1 THROUGH: Andrew J. Takata, City Manager FROM: Roy A. Hanley, Deputy City Attorney DATE: September 19, 1995 SUBJECT: Interim urgency ordinance relating to adult businesses RECOMMENDATION: That the City Council, by a 4/5 vote extend the period of .the interim, urgency ordinance an additional four (4) months. (Adopt Urgency Ordinance No. 294) BACKGROUND: The City Council, Community Development Department and the Deputy City Attorney have been working towards the adoption of a City ordinance which will constitutionally regulate the location of defined adult businesses within the City. The City currently has no permanent ordinance. The City Council, Community Development Department, Deputy City Attorney, and staff have received and acquired information both significant in amount and content to assist the City Council in making this legislative decision. This decision is difficult because of two conflicting City Council concerns. A significant segment of the community has objected to the location of any adult businesses within the City limits, citing numerous studies to support their conclusion that these businesses increase crime, lower property values, and degrade the quality of life in the City. However, the City Council is faced with a framework of constitutional law which requires that a reasonable avenue of expression be left open for legal adult materials. Staff's task is, therefore, to help the City Council balance those interests and enact an ordinance that serves the City's needs and is constitutional as well as enforceable. It would serve no useful purpose to enact an unconstitutional or unenforceable ordinance. Pursuant to appropriate findings on August 16, 1995 this Council approved Ordinance Number 293 as an urgency ordinance of the City Council of the City of Atascadero. The ordinance became effective upon an affirmative vote of 4/5 of the Council, and remains effective through September 30, 1995. The ordinance may be extended, upon appropriate findings, up to an additional ten (10) months and fifteen (15) days. 1 000010 Since the adoption of the ordinance on August 16, 1995 Roy A. Hanley was appointed Deputy City Attorney. At the most recent meeting of the City Council, Arther Montandon, City Attorney, declared a conflict in regards to the proposed ordinance. Since that date, additional studies have been received and additional efforts made to advise City Council on the most appropriate constitutional method of regulating adult businesses in the City of Atascadero. Available for the City, and the public, at the City Clerk's office is a copy of the Adult Use overlay District Background Studies prepared for the City of Pleasant Hill, June, 1995. These studies are in addition to the information cited to the Council in any previous reports and at any previous City Council meeting. These studies further indicate that adult businesses do in fact have secondary impacts on cities, including, without limitation, increase in crime, lower property values, and degradation of the environment of the community. Review of the appropriate case law demonstrates that the City's authority to adopt land use regulations on adult businesses is limited. The City may limit adult businesses to certain portions of the City and prohibit these businesses within a specified distance from certain specified uses. A city may not adopt regulations that effectively eliminate all potential locations for adult businesses or restrict them to merely a handful of locations. All analysis of adult business ordinances must begin with the lead United States Supreme Court case City of Renton vs. Playtime Theaters, (1986) 475 U.S. 41. The Renton case has become the standard for determining the constitutionality of adult business ordinances. In Renton, the United States Supreme Court approved an ordinance that provided at least five percent (5%) of a city's entire land area be available for adult businesses. The Renton case specifically approves each of the two (2) main methods available to cities for restricting businesses: (1) The red light district method wherein the City requires all of the adult businesses to be located in a certain district; (2) The dispersal method wherein the City requires that adult businesses be separated from other businesses by certain distances and from other adult businesses by certain distances. The City is free to choose whichever method it feels best serves the interests of the City. The use of zoning regulations to regulate adult businesses is legally permissible if: (A) The ordinance contains clear and valid definitions; (B) The ordinance is based on evidence of adverse secondary effects of such businesses; 2 000011 (C) The ordinance does not operate as a prior restraint on freedom of speech; (D) Sufficient area in the City, along the lines outlined above, is left available for location of these businesses. The proposed permanent ordinance contains definitions relating to adult businesses that have been recognized by several Courts. The standards we have chosen are the most strict standards available under current constitutional law. A proper purpose for regulating adult businesses must be based upon evidence. Preventing a "skid row" effect is a proper purpose for zoning regulation. The evidence cited in previous reports and City Council meetings, the Adult Use Overlay District Background Studies from the City of Pleasant Hill, dated June 1995, and the materials we have obtained from the City of Santa Maria in regards to the statewide survey conducted by that City in preparation for enactment of its ordinance, all provide adequate evidence of the adverse secondary effects of adult businesses. We know that we must not limit the available space to significantly less than five percent (5%) of the City. Several things need to happen before the City can adequately choose between the alternative methods of zoning adult businesses and the appropriate locations for adult businesses. Staff will need time to have the zoning ordinance placed before the Planning Commission for proper review. This would require an extension of the urgency ordinance. Staff should also conduct a letter writing campaign and personal follow-ups in the community of Atascadero to obtain local information about where adult businesses might appropriately. locate in the City. Letters should be sent to the School District, the Chamber of Commerce, the local Board of Realtors, Churches listed in the yellow pages, the American Civil Liberties ' Union, and any other interested parties. The City staff has arranged for a visit from Janet M. LaRue on October 26, 1995. Janet M. LaRue is an attorney for the National Law Center for Children and Families. Staff wants to make it clear, at this point and throughout, that Janet M. LaRue's role for the City is to help the City draft a well documented constitutional and enforceable ordinance. Mrs. LaRue has extensive knowledge in the area of sexually oriented business law and has co-authored a comprehensive legal manual on the subject. The meeting that is scheduled should not be a City Council meeting, but should be a fact finding meeting of staff. The public should' be allowed to attend so that they can supply information to the City in relation to appropriate locations, and so the public is made aware of the continuing efforts of the City in balancing the City's interest in regulation with the constitutional right of adult businesses to exist and customers of adult businesses to have reasonable access to them. Staff has been directed to, and will continue to keep the 3 000012 citizens in the community adequately informed of the efforts being taken to draft the ordinance. Staff feels that they can accomplish the fact finding procedure within the four (4) month period. If, in fact, staff is unable to do so, Government Code Section 65858 would allow for a further extension of up to an additional six (6) months and fifteen (15) days (for a total extended period of ten (10) months and fifteen (15) days) of the interim urgency ordinance. The City Council is faced with a difficult legislative decision. The Council must adopt regulations on adult businesses within constitutional restraints. The Council cannot ban all adult businesses. It is going to be a difficult process to establish the most appropriate locations where such businesses can be allowed. The City's predominant concern is the secondary effects of the adult businesses. The City cannot regulate the content of legal adult materials. The ordinance will be designed to prevent crime, protect the City's retail trade, maintain property values and protect and preserve the quality of the City's neighborhoods, commercial districts, and the quality of our rural life. Staff can do so only within the constraints of the Constitution. The First Amendment, however, does not require the City to establish adult businesses. The City has to make sure that adequate space is available for adult business if, fending for themselves in the real estate market on an equal footing with other • prospective purchasers and lessees, someone chooses to establish such a business. The community must arrive at a solution that makes some areas available for adult businesses and their patrons, while at the same time preserving the quality of life -in the community at large by preventing those businesses from locating in other areas. This is the purpose of zoning laws. DATED: September 19, 1995 0, d,�1, RO A. HANLEY� DEPUTY CITY AT ORNEY 4 000013 ORDINANCE NO. 294 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, PROHIBITING USES IN CONFLICT WITH ZONING PROPOSAL CONCERNING LOCATION OF ADULT BUSINESSES, AND FURTHER PROHIBITING LOCATION OF ADULT BUSINESSES WITHIN A SPECIFIED DISTANCE OF PUBLIC PARKS, CHURCHES AND SCHOOLS AND WITHIN THE DOWNTOWN, PENDING CONSIDERATION OF PROPOSED ORDINANCES BY THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF ATASCADERO, STATE OF CALIFORNIA, HEREBY FINDS AS FOLLOWS: WHEREAS, on August 16, 1995, the City Council properly adopted Ordinance No. 293 an urgency ordinance of the City of Atascadero, which ordinance remains effective through September 30, 1995; and WHEREAS, on September 19, 1995 through the Deputy City Attorney,the City Council issued a written report describing the measures taken to alleviate the threat to the public health, safety, or welfare that led to the adoption of this ordinance; and WHEREAS, there remains a current and immediate threat to the public health, safety, or welfare from the secondary effects of inappropriate location of adult businesses in the City, which would be alleviated by immediate, interim adoption of the proposed zoning ordinance extending the requirements of Ordinance No. 293 that adult businesses be dispersed by at least 1000 feet from public parks, churches and children's schools and be excluded from downtown. In the absence of an interim, urgency ordinance, approval of additional subdivisions, rezoning, land use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety or welfare, particularly the safety of children in the vicinity of parks. WHEREAS, the City of Atascadero has gathered and is gathering evidence regarding appropriate location of adult businesses; and WHEREAS, the City Attorney has prepared a proposed zoning ordinance with findings, based on a staff report, written comments from the public and numerous studies which have been available for public review in the City Attorney's office, concerning location of adult businesses; these documents are hereby incorporated by reference into these findings; and WHEREAS, The basis for the proposed zoning ordinance is to regulate the location of adult businesses to avoid potential adverse secondary effects of inappropriate locations as shown by the evidence gathered, including increased crime, a "skid row" effect and decreased property values, while providing reasonable 000014 ORDINANCE NO. 294 (Urgency) Page 2 of 4 alternative avenues of communication for those wishing to deliver and receive adult messages; and WHEREAS, The City Council has received a status report and public comment on the regulation of adult businesses. Concerned members of the public testified that location of adult businesses in close proximity to public parks, churches and children's schools and within downtown would result in adverse secondary impacts. The City Council was urged to immediately adopt an interim ordinance on an urgency basis to provide for appropriate location of adult businesses and to protect the health, safety and welfare of its citizens; and WHEREAS, Government Code Section 65858 allows the City Council upon four-fifths vote to adopt an urgency measure prohibiting any uses which may be in conflict with a contemplated zoning proposal that the City Council, Planning Commission or Community Development Department intends to study within a reasonable time; and WHEREAS, There is a current and immediate threat to the public health, safety or welfare from the secondary effects of inappropriate location of adult businesses in the City which would be alleviated by immediate, interim adoption of the proposed zoning ordinance and the addition of a requirement that adult businesses be dispersed by at least 1000 feet from public parks, churches and children's schools and be excluded from downtown. In the absence of an interim, urgency ordinance, approval of additional subdivisions, rezonings, land-use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety or welfare, particularly the safety of children in the vicinity of parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS: SECTION 1. INTERIM PROHIBITIONS. (a) During the effective period of this ordinance, no person shall establish an adult bookstore, adult cabaret, adult hotel or motel, adult motion picture theater, or other adult business, as those terms are defined in the proposed zoning ordinance relating to adult businesses, except as permitted in the proposed ordinance. This ordinance is attached hereto as "Exhibit A" and these definitions incorporated herein. (b) During the effective period of this ordinance, no person shall establish an adult bookstore, adult cabaret, adult hotel or motel, adult motion picture theater, or other adult business, as those terms are defined in the proposed zoning ordinance 000015 ORDINANCE NO. 294 (Urgency) Page 3 of 4 relating to adult businesses, within one thousand (1000) feet of a;public park, church or children's school or within the Downtown Master Plan area. SECTION 2. EFFECTIVE DATE AND EXPIRATION. This is an urgency ordinance adopted pursuant to Government Code Section 65858, to be effective immediately upon adoption by four-fifthsaffirmative vote of the City Council. This ordinance shall remain in effect up to and including January 26, 1996, and shall expire as of January 26, 1996, unless extended by further action of the City Council pursuant to Government Code Section 65858. SECTION 3. WRITTEN REPORT. At least ten days prior to January 25, 1996, the City Council shall issue a written report describing the measures taken to alleviate the threat to the public health, safety or welfare that led to the adoption of this ordinance. SECTION 4. PUBLICATION. Within fifteen days of the adoption of this ordinance, the City Clerk shall cause • this ordinance to be published in a newspaper of general circulation, published and circulated in the City. SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW NOT REQUIRED; FILING OF NOTICE OF EXEMPTION BY CLERK AUTHORIZED AND DIRECTED. This ordinance is exempt from review under the California Environmental Quality Act. It can be seen with certainty that there is no possibility that the proposed, interim ordinance will have any significant effect on the environment because it will prohibit establishment of specified land uses while' it is effective. 0 4 Cal. Code of Regs. §15061 (b)(3), 15270.) To the extent that such uses would otherwise have adverse environmental effects, adoption of the ordinance is a procedure for protection of the environment. (14 Cal. Code of Regs. §15308.) The City Clerk is hereby authorized and directed to file a Notice of Exemption with the County Clerk in regard to this ordinance. SECTION 6. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance is declared by a court of competent jurisdiction in the form of a final • determination to be void, this City Council finds that said voided part is severable, and 000016 ORDINANCE NO. 294 (Urgency) Page 4 of 4 • that this City Council would have adopted the remainder of this ordinance without the severed and voided part, and that the remainder of this ordinance shall remain in full force and effect. INTRODUCED at a regular meeting of the Atascadero City Council held this 26th day of September, 1995, and PASSED AND ADOPTED at a regular meeting held September 26, 1995, by the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: GEORGE P. HIGHLAND, Mayor LEE PRICE, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, Deputy City Attorney • 00001'7 Exhibit A to Urgency Ord. No. 294 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADDING PROVISIONS TO THE ZONING ORDINANCE RELATING TO ADULT BUSINESSES WHEREAS, The City Council of Atascadero intends in the adoption of the following ordinance to rely in part on the opinion of the United States Supreme Court in City of Renton v. Playtime Theaters, Inc., 106 S. Ct. 925, 89 L Ed. 2d 29 (1986), to regulate the location of adult businesses in the City out of concern for the adverse secondary effects these businesses have or would have on Atascadero's neighbor- hoods and quality of urban life; WHEREAS, The City Council intends at the same time to provide reasonable alternative avenues of communication for these businesses; WHEREAS, The City Council has relied on the reported experiences and studies of other communities in adopting the following regulations, and as a result of these reports makes the following findings of fact: 1 . Experience of other communities, such as Detroit, Michigan; Phoenix, Arizona; San Jose, California; Minneapolis, Minnesota; St. Paul, Minnesota; Indianapolis, Indiana;Whittier, California; Novato, California; Renton, Washington; Los Angeles County, California and other jurisdictions demonstrates that uncontrolled location, particularly concentration of adult businesses degrades the quality of the areas in which they are located and causes a blighting or "skid-row" effect. This skid-row effect will have an increased impact on Atascadero because of its relatively small size and the concentrated nature of its commercial development; 2. A reasonable regulation of the location and concentration of adult businesses and display of adult materials will preserve the quality of urban life and property values for the residents and visitors of Atascadero and will protect residents and visitors' from the adverse secondary effects associated with these businesses, while providing reasonable opportunities for those who wish to patronize these businesses to do so in the City of Atascadero. NOW THEREFORE, The Zoning Ordinance of the City of Atascadero is hereby amended to read as follows: SECTION 1. Section 9-6 (Standards) is amended by the addition of the attached Exhibit A. 000018 ORDINANCE NO. _ Exhibit A to Urgency Ord. No. 294 , cont'd Page 2 of _ 1 SECTION 2. Severability. 1 If any provision or clause of this Chapter or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses or applications of this Chapter which can be implemented without the invalid provision, clause or application. SECTION 3. This ordinance shall take effect thirty (30) days after its adoption. INTRODUCED at a regular meeting of the City Council held this _ day of _ 1995, and PASSED AND ADOPTED at a regular meeting held 1995 by the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: GEORGE P. HIGHLAND, Mayor LEE PRICE, City Clerk 000019 ORDINANCE NO. EXHIBIT A i DRAFT Title 9 (Zoning Ordinance) of the Atascadero Municipal Code is amended by the addition of the following: 9-6 . 107 . Adult Businesses . The purpose of this section is to provide reasonable, uniform regulations to prevent problems of blight, deterioration, and other adverse secondary effects associated with the concentration of adult businesses, while permitting the location of adult businesses in specified locations . 9-6 . 108 Definitions 9-6 . 109 Permitted Locations 976 . 110 Exterior Display 9-6 . 111 Persons Responsible 9-6 . 108 . Definitions . (a) _ Adult Bookstore. A building or portion thereof used by a business devoting more than 25% of the total floor area used for display, sale or rental to display, sale or rental of books, magazines, other printed material, photographs, audiotapes, videotapes, films, or other forms of visual or audio representations which are (1) distinguished by their emphasis on specified sexu-al activities or specified anatomical areas or (2) defined as obscene matter or harmful matter by California Penal Code Sections 311 or 313, or their respective successor sections . An adult bookstore is an adult business . (b) Adult Cabaret . A building of area used for presentation, exhibitions or other features or entertainment, a substantial portion of the total presentation time of which is characterized by an emphasis on specified anatomical areas or specified sexual activities, including but not limited to strippers and topless or bottomless employees, for observation by customers or patrons . An 'adult cabaret is an adult business . (c) Adult Hotel or Motel . A hotel or motel or similar commercial establishment offering public accommodations for consideration which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions, a substantial portion of the total I 000020 ORDINANCE NO_ EXHIBIT A Page 2 presentation time of which is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities . An adult hotel or motel is an adult business . (d) Adult Motion Picture Theater. A building or area, open or enclosed, regularly used for presentation of motion pictures, slides or similar audio or visual presentations characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by customers or patrons. Use is regular when the specified presentations constitute a substantial portion of all presentations made or constitute a substantial part of the theater' s . revenues . An adult motion picture theater is an adult business . (e) Establish. With reference to an adult bookstore, adult motion picture theater, adult cabaret, or other adult business: (1) Opening or commencement of operation as a new business . (2) Conversion of an existing business to an adult business . (3) Addition of an adult business to, an existing business, whether or not adult, if the addition results in enlarging the place of business . For purposes of this paragraph, enlargement means an increase in the size of the building or area in which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot . (f) Other Adult Business . Any other business or commercial establishment not otherwise defined herein: (1) In which the establishment provides entertainment to patrons, a substantial portion of the total presentation time of which is characterized by an emphasis on depicting specified sexual activities or specified anatomical areas; or (2) Which devotes more than twenty-five percent (250) of the total area used for display and sale of its stock in trade to items, instruments, and/or paraphernalia characterized by an emphasis on depicting, describing or relating to specified sexual activities . 000021 ORDINANCE NO. EXHIBIT A 41 Page 3 (g) Soecified Anatomical Areas . (1) Less than completely and opaquely covered human genitals, pubic regions, buttock, and female breasts below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (h) Specified Sexual Activities . (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation., sexual intercourse or sodomy; (3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast . .-6. 109 . Permitted Locations . (a) Zones . Adult businesses may be established only in the CS (Commercial Service) and I (Industrial) zones . (b) Dispersion Requirements . (1) Dispersion from other uses . No adult business shall be established within one thousand feet (10001 ) of the following uses: a. Children' s schools or preschools . b . Public parks C. Churches (2) Dispersion between businesses . No adult business shall be established within one thousand feet (1000' ) of any other adult business whether inside or outside the City. (3) Measurement of Dispersion. The distances specified in this section shall be a straight line, measured without regard to intervening structures, from the nearest point on the lot where the adult business is to be located to the nearest lot line of the other adult business or other specified uses . (c) Prohibition with Downtown. No adult business shall be established within Downtown Zone 1 (Pedestrian Commercial Zone) , Downtown Zone 2 (Downtown Commercial Zone) , Downtown 3 (Restaurant and Entertainment Zone) , or Downtown 4 (Commercial Zone.) . 000022 ORDINANCE NO. EXHIBIT A Page 4 9-6 . 110 . Exterior Display . (a) Performance Standards . No adult business shall be conducted so as to permit observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public property or way outside the building or area of the business . This provision shall apply to any display, decoration, sign, show window, or other opening. (b) Other Standards . Adult businesses shall comply with other development, performance, design, and signage requirements of the CS and I zone in which they are located. 9-6 . 111 . Persons Responsible. The owners, operators and managers of premises which constitute an adult business under this section are responsible for compliance with this section. 000023 REPORT TO CITY COUNCIL Meeting Date: 9/26/95 CITY OF ATASCADERO Agenda Item: A-5 Through: Andy Takata, City Manager From: Bradford Whitty, Finance Director SUBJECT: Request for disbursement of $35,000 General Fund Reserve, designated for Atascadero Library Expansion. RECOMMENDATION• Staff recommends Council review the request and provide direction with disbursement of the funds. BACKGROUND: The City Council in 1990, set aside $35,000 of General Fund Reserves to help pay for the future expansion of the Atascadero Library. The motion carried with the stipulation that the monies would be made available when the County of San Luis Obispo made matching funds available. (See Attachment A) The county recently purchased an adjoining parcel for the expansion of the library. The county expended, approximately $150,000 for the adjacent parcel. Therefore, the County feels that it has met the requirement that was stipulated in 1990. DISCUSSION: The Friends of the Library are now requesting the funds held by the City of Atascadero. (See attachment B) These funds are not appropriated for the 1995-96 fiscal year. Because the General Fund does not have a large enough reserve to absorb this expenditure, the disbursement of this money will have to be charged against the $87,500 contingency established in the 1995-96 budget. ' FISCAL IMPACT: The General Fund will occur an additional. $35,000 in expenditure that will need to be offset by the contingency account. The contingency account will be drawn down from $87,500 to $52,500 by approval of this request. 000009 Attachment A apportunity to review the request. Citv Hail - There was brief Council discussion on the buiidi'lg renovation andthe City Manager indicated that he did not ye-, have any QldnS Or estimate of cost for seismic repairs to address the new Un-reinforced Masonry Building Standards. Additionally, it was noted that once the Police Department moved out of City !all , stat` would be requesting a re-organization of deparmental offices. Radio Reoeater Station - The City Manager indicated that the Fire Chief and the Police Chief had reviewed this matter and would be coming Sack to Council with an additional report on this request . Aerial Equipment - 55'_ Snorkel - The Fire Chief urged Council to give serious consideration to this unfunded request. Community Agency Requests_: Aooeal - Peter Gaw, representing the San Luis Obispo County Youth Symphony , appealed to the Council to grant he group ' s request t for funding in the amount of $500. Council previously had not approved any donation. MOTION: By Councilwoman Borgeson and seconded by Councilman Dexter to reconsider the request; motion carried unanimously. MOTION: Sy Councilman Nimma and seconded by Cauncilman ,Shiers to approve the request for funds in the amount or 8250.00; motion passed 5:0. Friends of the Library - Discussion ensued regarding the Friends of the Library request for funds in the amount of s35,000 to be placed into a building fund for constructionof an the ends to the present library. ' Sarah Gronstrand , representing e of the Library , was present and responded to questions from Council . MOTION: By Councilwoman Sorgeson and seconded by Councilman Shiers to reconsider the request of the Friends of the Library; motion carried . Discussion followed. ma MOTION: to Councipledgelman to reserve and s35,000seconded theCouncilman build�ing to pledge BUDGET 6/25/90 - 7/5/90 Page 10 0.00009, 1 f Attachment A (Cont. ) / t fund for the library and that the reservation of that amount and additional amounts in the future be contingent upon reacning an agreement with the County of San Luis Obispo for matching funds for the project ; motion carried 5:0 by rail call vote. Council directed the City Manager to contact the County to begin those discussions. After a short break , the City Manager pointed out that Council would be asked to adopt a resolution approving the new budget at N� their regular meeting scheduled for July 10, 1990. Sycamore Bridoe Construction Award : The City Manager explained that staff had not met the necessary noticing requirements and asked that the matter of awarding the bid far construction of the Sycamore Bridge be deleted from their agenda. MOTION: By Councilman Dexter and seconded by Councilman Nimmo to adjourn to closed session for the purpose of discussions relating to employee salary negotiations and status of acquisition of real property ( lots adjacent to Lake Park) ; motion unanimously' passed . THE OPEN SESSION WAS ADJOURNED �AT APPROXIMATELY 7:10 P.M. MOTION: By Councilman Dexter and seconded by Councilwoman Bargeson to go back into open session; motion carried . No action was taken. MOTION: By Councilman Nimmo and seconded by Councilman Shiers to adjourn; motion unanimously passed. MEETING ADJOURNED AT 7:80 P.M. MINUTES RE RDED PREPARED BY.: LEE DA KA, CI TY CLERIC Attachment : Exhibit A (Staff Report — Mark Joseph) BUDGET 6/25/90 - 7/5/90 Page 11 i 000009,2. Attachment B Friends of the Library of Atascadero RECEIVED ■; S.S X.91 P.O. Bax 561 _ ,�A Atascadero, CA 93423 ATASCADERO CITY MANAGER July 17, 1995 Dear Pr. Takata : We , members of the .-tascadero Friends of the Library, are asking you to convey to the members of the Council our reouest to honor the pledge given us for 535,000. . s you know, the pledge was dependent upon the County' s matching the x35,000 pledged by the Council. The County' s rule in this respect is very clear. The 50-50 match of funds involves the total sum needed for a given project. In any case, (.he library yirector, fir. Reynolds, advanced 2150,000 needed for the purchase of the land needed for the library expansion_. are asking the Council to honor the pledge because it will help us in our fund raising. Sincerely, , Sarah uronstrand, '.resident 000009,3 From: ROY A. HANLEY 8054342703 To: 10/13.+"95 13:37 F. Me REFORT TO CITY COUNCIL 9/26/95 CITY OF ATA93CADER0 #B-1 '171ROVrn; Andrew J. Taka La, City Manager FROM; Roy* A. Hanl.ey, D&puty City Attorney DATE: SOPtrmbor. 19, 1495 MMMLAQ-T; Interim urgency ardiliance relating to adult businesses UC NDATION; That the City Council, by a 4/5 vote extend the period of the interim, urgency ordinance an additional four (4 ) Months, MCx D The City Council , Commwnity Development Department and the Deputy City Attorney have been working towards the adoption of a City ordinance which will constitutionally regulate the location of defined adult businesses within the City. The City Currently has no permanent ordinance. The City Council, Community Development Department, Deputy City Attorney, and staff have received and acquired information both significant in amount and content to assist the City Council in making this legislative decision. This decision is difficult becauseof two conflicting City Council. concerns. A significant segment of the community has objected to the location of any adult businesses within the City limits, citing numerous studies to support thein conclusion that these businesses increase crime, lower property values, and degrade the quality of life in the City. However, the City Council is faced with a framework of constitutional law which requires that a reasonable avenue of expression be left open for legal adult materials. Staft's task is, thereforc, to help the City Council balance those interests and enact an ordinance that serves the City's needs and is constitutional as well as enforceable. it would serve no useful Purpose to enact an unconstitutional or unenforceable ordinance. Pursuant to appropriate findings on August 16, 1995 this Council approved Ordinance Number 293 as an urgency ordinance of the City Council of the City of Atascadero. The ordinance became effective upon an affirmative vote of 4/5 of the Council., and remains effective through September 30, 1995. The ordinance may be extended, upon appropriate findings, up to an additional ten (10) months and fifteen (15) days. Z r �M From: BOY A. HANLEY 8054342703 To' i.61•ao = . •••••• • Since the adoption of the ordin6nce on August 16, 1995 Roy A. Hanley was appointed Deputy City Attorney. At the most recent meeting of the city Council, Arther Montandon, City Attorney, declared a conflict in regards to the proposed ordinance. Since that date, additional studies have been received and additional efforts made to advise City Council on the most appropriate constitutional, method of regulating adult businesses in the City of Atascadero. Available for the City, and the public, at the City Clerk's office is a copy of the Adult Use overlay District Background Studies prepared for the city of Pleasant Hill, June, 1995. These studies are in addition to the information Cited to the Council in any previous reports and at any previous City Council meeting. These studies further indicate that adult businesses do in fact have secondary impacts on cities, including, without limitation, increase in crime, lower property values, and degradation of the environment of the community. Review of the appropriate case law demonstrates that the City's aUt:hority to adopt land use regulations on adult businesses is limited. The City may limit adult businesses to certain portions of the City and prohibit these businesses within a specified distance from certain specified uses. A city may not adopt regulations that effectively eliminate all potential locations for adult businesses or restrict them to merely a handful of locations. All analysis of adult business ordinances must begin with the lead United States Supreme Court case Cityog Renton vs. Playtime • Theaters, (2986) 475 U.S. 41. The Renton case has become the standard, for determining the constitutionality of adult business ordinances. Tn Renton, the United Mates supreme :Court approved an ordinance that. provided at least five percent (5%) of a city's entire land area be available for adult businesses. The Renton case specifically approves each of the two (2) main methods available to cities for restricting businesses: (1) The red light district method wherein the City requires all of the adult businesses to be located in a certain district; (2) Tho dispersal method wherein the City requires that adult businesses be separaLed from other businesses by certain distances and from other adult businesses by certain distances. The City is free to choose whichever method it feels best serves the interests of th" City. The use of zoning reyulations to regulate adultbusinesses is legally permiswible if: (A) The ordinance contains clear and valid definitions; (8) The ordinance is based on evidence of adverse secondary effects of such businesses; 2 From: ROY A. HANLEY 8054342703 TO: iNrl:i a 1S�s� r. nva i (C) The ordinance doers nuL operate as a prior restraint on freedom of spaeCn; (D) Sufficient area in the City, along the lines outlined above, is left available for location of these businesses. The proposed permanent ordinance contains definitions relating to adult businesses that have been recognized by several Courts. The standards we have chosen are the most strict standards available under current conaLitutioncal law. A proper purpose foic regulating adult businesses must be based upon evidence. Preventing a "skid row" effect is a proper purpose far zoning regulation. Ttie evidence cited in previous reports and city council meetings, the Adult Use Overlay District Background Studies from the city of Pleasant Hill, dated June 1995, and the materials we have obtained from the City of Santa Maria in regards to the statewide survey conducted by that City in preparation for enactment of its ordinance, all provide adequate evidence of the adverse secondary effects of adult businesses. we know that we must not limit the available space to significantly less than five percent (5$) of the City. Several, things need to happen before the Ci Ly Q*n adequately choose, between the alternative methods of zoning adult businesses and the appropriate locations for adult businesses. staff will need time to have the zoning ordinance placed before the Planning commission for proper . review. Irhis would require an extension of the urgency ordinance. staff should also conauct a letter writing campaign and personal follow-ups in the cuittuivalLy of Atascadero to obtain local information about where adult businesses might appropriately locate in the city. Letters should be sent to the School District, the Chamber of Commerce, the local Board of Realtors, Churcnes listed in the yellow pages, the American civil Liberties 'Union, and any other interested parties. The city staff has arranged for a visit from Janet M. LaRue on October 26, 1993. Janet M. LaRue is an attorney for the National Law center for children and Families. Staff wants to make it clear, at this paint and throughout, that Janet M. LjaRue's role for the City is to help the City draft a well documented constitutional and enforceable ordinance. Mrs. uaiRue has extensive knowledge in the area of sexually oriented business law and has co-authored a comprehensive legal manual on the subject. The meeting that is scheduled should not be a city council meeting, but should be a fact finding meeting of staff. The public should be allowed to attend so that they can supply information to the city in relation to appropriate locations, and so the public is made aware of the continuing efforts of the city in balancing the City`s interest in regulation with the constitutional right of adult businesses to exist and customers of adult businesses to have reasonable access to them. staff has been directed to, and will continue to keep the 3 From: BOY A. HANLEY 8054342703 To: juzj zm i;j;im r. wwx citizens in the community adequately inforMed of the efforts being taken to draft the ordinance, st&ff reels that they can accomplish the fact finding procedure within the four (4) month period. If, in fact, staff is unable to do so, Government Code section 65858 would allow for a further extension of up to an additional six (6) months and fifteen (15) days (for a total extended period of ten (10) months and fifteen (15) days) of the interim urgency ordinance. The City Council is faced with a difficult legislative decision. The Council must adopt regulations on adult businesses within constitutional restraints. The Council cannot ban all adult businesses. It is going to be a difficult process to establish the most appropriate locations where such businesses can be allowed. The City's predominant concern is the secondary effects of the adult businesses. The City cannot regulate the content of legal adult materials. The ordinance will be designed to prevent crime, protect the City's retail trade, maintain property values and protect and preserve the quality of the city's neighborhoods, commercial districts, and the quality of our rural life. Staff can do so only within the constraints of the constitution. The first Amandment, however, does not requirethe City to establish adult businesses. The City has to make sure that adequate space is available for adult business if, fending for • themselves in the real estate market on an equal footing with other prospective purchasers and lessees, someone chooses to establish such a business. The community must arrive at a solution that makes some areas available for adult businesses and their patrons, while at the same time preserving the equality of life in the community at large by preventing those businesses from locating in other areas. This is the purpose of zoning laws, DATED: September ig, 1995 TROY A. HANLEY; UEFUT_Y CITY'— ATTORNEY ITY—ATTORNEY 4 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B- 2 From: Andrew J. Takata, City Manager Meeting Date: 9/26/95 SUBJECT: Trip Reduction Ordinance (TRO) adoption per Congestion Management Program requirements. RECOMMENDATION: That the City Council introduce Ordinance No. 295 and adopt it ',on first reading by title only. BACKGROUND: The San Luis Obispo Council of Governments (SLOCOG) is the designated Congestion Management Agency (CMA) for the region. State law section 65089 requires that each local jurisdiction in the region adopt a TRO in order to continue receiving certain transportation revenues. The region's adopted 1994 Congestion Management Plan (CMP) specifies how the region will accomplish this requirement. SLOCOG is required to determine compliance with these provisions by December, 1995. In May, 1995 the San Luis Obispo Air Pollution Control District (APCD) adopted Rule 901, the employer-based TRO that is integrated into the CMP to serve as the region's ordinance. Each jurisdiction may now adopt Rule 901 to meet the CMP requirements. DISCUSSION: The APCD has adopted an employer-based trip reduction rule that requires employers of 100 or more employees to conduct an annual commuter survey and appoint an Employee Transportation Coordinator. The survey will provide a certain ratio of people to cars, or Average Vehicle Ridership (AVR) of the people that travel to work between the hours of 6:00 a.m. and 10:00 a.m. Based on the AVR survey, employers may be required to submit a plan to increase carpooling, transit usage, bicycling or other alternative transportation modes. Since this regionwide trip reduction ordinance is now in place, each jurisdiction may rafity Rule 901 by local ordinance. (Jurisdictions have always',had the option of developing their own ordinance for their city.) Prior to the APCD's approval of Rule 901 , each jurisdiction was required to develop a local ordinance in order to retain certain gas tax and Surface Transportation Program funds. The attached ordinance has been crafted to meet the compliance requirements for the CMP. 000024. FISCAL IMPACT: Since Rule 901 is regionwide, funded with vehicle registration fees and staffed by the Air District, ratification by our City Council will have little budgetary impact, if any, for the purposes of complying with the CMP. AJT:cw Attachments: Ord. No. 295 Letter from Ron DeCarli, dated 8/11/95 APCD Rule 901 2 0000zs San Luis ,Obispo Council of Governments Arroyo Grande Regional Transportation Planning Agency � Beach Metropolitan Planning Organization PasasooRoUlesrro$ay Pismo Beach Congestion Management Agency San Luis Obispo San Lui::Obispo Counh RECEIVED August 11, 1995 Andrew Takata ATASC.-J^S RO € ..fi City Manager City of Atascadero 6500 Palma Ave. Atascadero;.CA 93422 Re: Trip Reduction and Traver. Demand -Ordinance Adoption Requirement 'of the 1994 Congestion`Management Program (CMP). Dear'Mr. Takata:' The attached CMP Transportation Demand Ordinance was, approved • by the Council of Governments as-a--model for member agency, adoption. If_adopted by your'City; this model ordinance'would confirm the'provisions of the _Air Pollution Control District's Rule 901 as .an ordinance in .your jurisdiction to meet the requirements of state law. State GoVernrfiehti Code Section-:65089.3(a),(2),(2), requires that- each._jurisdiction adopt;a"trip, reduction and travel demand ordinance in order to continue receiving certain transportation funds.y- ` The model ordinance is recommended for-ado ption in order to meet the minimum requirements. - of the,CMP,law'and.provide.uniformity-among jurisdictions within',the county. - SLOCOG ,is scheduled to conduct a •conformity, review-in November; 1995 to determine compliance with state requirements. We suggest that you schedule this ordinance before your City Council as soon as possible: Please do'not-hesitate to contact Us if you have questions or,.would'like our staff, or APCD'staff , present at=your:Citjr Council meeting. Sincerely,,' Ronal L. De Carli - Executive Director. • cmp\trp-kr 000026 1150 Osos St.Suite 202, San Luis Obispo, CA, 93401 ♦ Tel.(805)781-4219 ♦ Fax. (805) 7&1-5703 ORDINANCE NO. 295 AN ORDINANCE OF THE CITY COUNCIL • OF THE CITY OF ATASCADERO ADOPTING TRIP REDUCTION MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 & 65089.3 WHEREAS, In June 1990 California voters passed Proposition 111 which increased the gas tax and created Congestion Management Agencies with certain requirements for receiving increased transportation revenues; and WHEREAS, The San Luis Obispo Council of Governments (SLOCOG) was designated the Congestion Management Agency and required to develop a Congestion Management Program (CMP) including a Trip Reduction and Travel Demand Element; and WHEREAS, The Trip Reduction and Travel Demand Element must promote alternative transportation methods, such as carpools, vanpools, transit bicycles, walking, park-and-ride lots, parking management programs; and WHEREAS, The County and every city in the county is required by state law to adopt a Transportation Demand Management Ordinance as an important element of the Congestion Management Program to improve both congestion and air quality; and WHEREAS, SLOCOG must annually determine whether the County and Cities within the County are conforming to the CMP, including the requirement to adopt and implement a TDM Ordinance; and WHEREAS, The adopted CMP for the San Luis Obispo region allows each jurisdiction to ratify an existing Employer-based Trip Reduction Ordinance adopted by the Air Pollution Control District (APCD) to comply with the provisions of the Congestion Management Program; and WHEREAS, This ordinance is intended to comply with the CMP's requirements for a TDM Ordinance; and WHEREAS, The APCD adopted an employer-based trip reduction rule known as Rule 901 on May 24, 1995; and WHEREAS, The requirements of the APCD (Rule 901) Trip Reduction Ordinance are separate from this ordinance, and fully administered by the Air District; NOW, THEREFORE, The City Council of the City of Atascadero ordains as follows: The provisions of Rule 901, as adopted by the Air Pollution Control District • 0000217 Ordinance No. 295 Page 2 of 2 on May 24, 1995, a copy of which is attached hereto and incorporated by reference as Exhibit A, shall hereby become an ordinance of this jurisdiction. INTRODUCED AND FIRST READ, at a duly called meeting of the Atascadero City Council held on , 1995. PASSED AND ADOPTED this day of , 1995 by the following 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 000028 RULE 901. COMMUTE ALTERNATIVES RULE A. PURPOSE The purpose of this rule is to improve ambient air quality by reducing air pollutant emissions that result from employee commute trips,and trips attracted to worksites with 100 or more employees. B. APPLICABILITY The rule applies to all public and private employers with 100 or more employees. The effective dates for determining progress toward achieving average vehicle ridership (AVR) goals are given in Table 1: TABLE 1 Aetii Employers-of 100 or IVfore:. Employees Conduct baseline AVR survey 1995 Demonstrate 1.25 AVR 1997 Demonstrate 1.33 AVR 1998 Demonstrate 1.41 AVR 1999 Demonstrate 1.50 AVR 2000 C. DEFINITIONS For the purpose of this Rule, the following definitions apply: AIR POLLUTION CONTROL OFFICER(APCD): The Air Pollution Control Officer of the San Luis Obispo County Air Pollution Control District(District)or the designee thereof. APCD HEARING BOARD: Five member Board appointed by the Air Pollution Control Board of San Luis Obispo County pursuant to Division 26, Part 1, Chapter 8, Article 1, of the California Health and Safety Code with the powers and duties prescribed for Hearing Boards in Chapter 8, Division 26, of the California Health and Safety Code. APPLICABLE EMPLOYEE POPULATION: The applicable employee population is all employees who report to a worksite weekdays between 6:00 a.m. and 10:00 a.m. and all employees who are telecommuting (i.e. working from home or a telecommuting center) or who have a scheduled day off during the week as part of a compressed work week schedule. AVERAGE VEHICLE RIDERSHIP CALCULATIONS: AVR for worksite(s) shall be calculated by dividing the number of employee days summed over the survey week by the number of vehicle trips • summed over the survey week. San Luis Obispo County APCD I Proposed Rule 901 (3-29-95) 000029 ATTRACTED VEHICLE TRIP: Any vehicle trip, other than an employee vehicle trip, attracted to the . site by the nature of that site's business. These may include: shopping, medical, business meetings, church, etc. BUSPOOL: A vehicle occupied by sixteen (16) or more people traveling together between their residence and their worksite or other destination. Employees who work for different employers, as well as non-employed people, are included within this definition. CARPOOL: A vehicle occupied by two(2)to six(6)people traveling together between their residence and their worksite or other destination. Employees who work for different employers, as well non- employed people, are included within this definition. COMMUTE ALTERNATIVES: Rideshare modes and other trip reduction options for reducing employee commute trips, including, but not limited to: carpools, vanpools, public transit, buspools, commuter shuttle, bicycling, walking,compressed work weeks,telecommuting, or other alternatives as approved by the APCO. COMMUTE TRIP: The trip made by an employee from home to the work s . The commute trip may include stops between home and the worksite. COMPRESSED WORK WEEK: A regular full-time work schedule that eliminates at least one round- trip commute trip(both home-to-work and work-to-home) at least once every two(2)weeks. Examples include, but are not limited to, working three twelve hour days (3/36) or four ten-hour days (4/40) within a one week period; or eight nine-hour days and one eight hour day (9/80) within a two week period. DISABLED EMPLOYEE: An employee with a physical impairment that prevents the employee from traveling to the work site by means other that a single-occupant vehicle, and who has been issued a disabled person placard or plate from the Department of Motor Vehicles. EMPLOYEE: Any person employed by a person(s), firm, business, educational institution, non-profit agency, or corporation, government or other entity. The term excludes the following as defined else where in this rule: seasonal employees; temporary employees; volunteers; field personnel; and field construction workers. EMPLOYEE DAY: Each day of the survey week that an employee starts to work during the peak period. Notes: Employees telecommuting or who are off due to a compressed work week schedule are counted toward the total employee days. Employees on vacation, sick leave, jury duty, or other time off, and employees reporting to a different worksite or an off-site work related activity are not counted toward the total employee days. EMPLOYEE TRANSPORTATION COORDINATOR(ETC): An employee, other individual, or entity, appointed by an employer to develop, market, administer, and monitor the Employer Trip Reduction Plan on a full or part time basis. EMPLOYER: Employer means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity that employs persons. Several subsidiaries or units that occupy the same worksite and report to a common governing board or governing entity or that function as one corporate unit are considered to be one employer. San Luis Obispo County APCD 2 Proposed Rule 901 (3-29-95) 000030 FIELD AGRICULTURAL WORKER: An employee who reports for work to a temporary field agricultural site. FIELD CONSTRUCTION WORKER: An employee who reports directly to work at a construction site. FIELD PERSONNEL: Employees who spend 20%or less of their work time at the work site and who do not report to the work site during the peak period for pick-up and dispatch of an employer-provided vehicle. INDEPENDENT CONTRACTOR An individual who enters into a direct written contract or agreement with an employer to perform certain services. The period of the contract or agreement is at least ninety (90)continuous days,or is open-ended. MULTI-SITE EMPLOYER: Any affected employer who has more than one worksite where at least 50 or more employees report. MULTI-TENANT WORKSITE: Any commercial building, industrial park, shopping center, or mixed use development whether in separate or common ownership, which contains more than one employer as determined by the APCO. NOTICE TO REGISTER: A notice, sent by the District to all employers that have been identified as potentially subject to this rule. The notice will request information that will allow the District to determine if the employer will be required to comply with this rule. PEAK PERIOD: 6:00 A.M. through 10:00 a.m., Monday through Friday, inclusive. RIDESHARING: A cooperative effort of two or more people traveling together for the purpose of eliminating a vehicle trip. Utilization of carpools, vanpools, buspools, taxipouls, and public transportation are all forms of ridesharing. SEASONAL EMPLOYEE: A person who is employed for less than a continuous.ninety (90) day period. TELECOMMUTING: A system of working at home, off site,or at a telecommuting center, for a full workday that eliminates the trip to work or reduces travel distance by 50%or more. TEMPORARY EMPLOYEE: Any person employed for less than 90 days, or by an employment service that reports to a worksite other than the employment service worksite under a contractual arrangement with the temporary employer. TRANSPORTATION MANAGEMENT ASSOCIATION (TMA): A TMA provides commute alternatives program support or management to its members. TMA's generally operate within a defined geographic area(industrial park, multi-tenant office building, central business district, shopping center, etc.). TMA's operate as not-for-profit associations and are cooperatively managed by the members, managed by a director appointed by the association members, or, at a multi-tenant worksite, may be managed by on-site building management. After receiving APCO approval, a TMA may be permitted to represent its members in the development and implementation of a trip reduction plan. Members may be allowed full or partial trip reduction credit for purchasing services from the TMA/TMO, upon approval of the APCO. A partial list of services a TMA may offer includes: San Luis Obispo County APCD 3 Proposed Rule 901 (3-29-9sj 000031 1. AVR survey and calculation services • 2. trip reduction plan development, implementation, marketing and administration 3. emergency/guaranteed ride home service 4. vanpool program 5. carpool matching service 6. incentive program 7.. trip reduction plan library S. child-care or child-care referral services 9. any other services the members may designate TRANSPORTATION MANAGEMENT ORGANIZATION (TMO): A TMO is a for profit, private enterprise providing all of the services included in the TMA definition above. A TMO would not be confined to a single geographic area but could solicit business throughout the county and could do business with one employer or a group of employers in an area. TRIP REDUCTION PLAN (TRP): A TRP is a document submitted to the APCO for review and approval which details trip reduction options and supporting strategies,the implementation schedule and budget the employer will use to achieve the reduction in single occupant vehicle trips required to meet the AVR goals established by the District. VANPOOL: A vehicle occupied by seven (7) to fifteen (15) people traveling together between their residence and their worksite or destination for the majority of the total trip distance. Employees who work for different employers,as well as non-employed people are included within this definition as long as they are in the vehicle for the majority of the total trip distance. VEHICLE/EMPLOYEE RATIO(VER): VER is the number of vehicles used by employees who report to the work site from 6:00 a.m. to 10:00 a.m., Monday through Friday, divided by the number of those employees averaged over the survey week, as calculated from data gathered from the AVR Survey. VER is the reciprocal of AVR. The District will accept AVR calculated by this method. VEHICLE TRIP: A vehicle trip is based on the means of transportation used for the greatest distance of an employee's home-to-work commute trip for employees who start work during the peak period. Each vehicle trip to the worksite shall be calculated as shown in Table 2: San Luis Obispo County APCD 4 Proposed Rule 901 (3-29-95) 000032 Table 2 3TRIP MODE : NUM BER_OF'yEMCLE'"TRIPS COTII�ITED Single-occupant vehicle I vehicle trip Motorcycle,moped,motorized scooter,or l vehicle trip motor bike Carpool 1 vehicle trip divided by the number of people in the carpool Vanpool 1 vehicle trip divided by the number of people in the vanpool Public Transit 0 vehicle trip Buspool 0 vehicle trip Walking and other non-motorized 0 vehicle trip transportation modes Telecommuting 0 vehicle trip on days employee telecommutes for the entire day Compressed Work Schedule 0 vehicle trip on employee's compressed day(s)off Zero Emission Vehicle(ZEV) 0 vehicle trip VOLUNTEER: A person who does not receive any wages for work activity at the work site. WORKSITE: A structure, building, portion of a building, or grouping of buildings that are in actual physical contact or separated solely by a private or public roadway or other private or public right-of- way, and that are occupied by the same employer. WORKSITE EMPLOYEE THRESHOLD: 100 employees at a single worksite, on an average daily basis, for a 90-day period provided at least 50 employees are normally scheduled to report to the worksite on a daily basis during the peak commute period. D. ADMINISTRATIVE REOUIREM[ENTS Requirements for All Employers of 100 or More Emplovees All employers of 100 or more employees shall comply with the following minimum administrative requirements: a. Respond to the Notice to Register which shall be sent or delivered to the employer, provide all information requested, and return that information within 20 business days of receiving the Notice. San Luis Obispo County APCD 5 Proposed Rule 901 (3-29-95) 000033 All employers of 100 or more employees with 50 or more employees reporting to the worksite • within the peak period must also complete the following requirements: b. Appoint an employee to act as Employee Transportation Coordinator (ETC). That employee will and send that employee to District sponsored ETC training. C. Conduct an annual Average Vehicle Ridership (AVR) survey in accordance with the schedule in Table 1. (Surveys are to be conducted using the methodologies described in Section G below and the results submitted to the District for review.) Requirements for Employers Who Achieve AVR Targets in Table 1 Employers who achieve the applicable AVR target shown in Table 1 shall be notified by the District that they have no additional requirements, beyond maintenance of their existing program, until the next scheduled AVR survey. Requirements for Emplovers Who Fail to Achieve AVR Targets in Table 1_ Employers who fail to meet the applicable AVR targets in Table 1 will be required to develop a trip reduction plan designed to achieve the AVR target for the upcoming year, and submit the plan to the District for review and approval. Trip reduction plans shall be prepared according to the following process: a. After the District reviews the AVR survey results, affected employers will receive a Plan Preparation Notice stating the requirement to prepare and submit a trip reduction • plan to the District. b. Employers shall develop and submit the plan to the District within 90 days of the date of receipt of the Plan Preparation Notice. Plan forms will be provided by the District. C. The District will evaluate the plan based on its consistency with employee responses to the AVR survey, financial commitment to implementing appropriate supporting strategies, and staff commitment to marketing the trip plan to employees. d. The employer shall implement all trip reduction options and supporting strategies committed to in the approved trip reduction plan. e. The employer shall conduct the next scheduled AVR survey as shown in Table 1 and submit the results to the District for review. E. VOLUNTARY PARTICIPATION PROGRAM This rule applies to all employers of 100 or more employees. However, all of the supporting services, training, and materials associated with this rule are applicable and available to employers of fewer than 100 employees, as well as multi-tenant worksites and other types of development. To encourage voluntary participation in the program by smaller employers, multi-tenant worksites, and other employment situations the District will implement the following: 1. Develop outreach programs to encourage employers of fewer than 100 employees, and multi- tenant worksites, to participate in the annual AVR survey, and develop a commute alternatives program. 2. Provide ETC training, AVR survey processing, consultation on program development, and • participation in the District's ETC network will be offered at no Charge to all participants. 3. Encourage participation in the trip trading program described in Section F. San Luis Obispo County APD 6 Proposed Rule 901 ( -29-95) 000034 4. Work cooperatively with TMA's and the Rideshare Office to provide a broader base of assistance to employers in developing and implementing an effective program. . F. TRIP TRADING MARKET The District will develop a program which allows Trip Reduction Credits (TRCs) to be earned by businesses that have exceeded the applicable AVR goal. Employers not affected by this rule may participate in the TRC program,provided they comply with all the requirements for affected employers listed below. 1. Businesses can apply for, and earn, one TRC for each trip reduced beyond those required to achieve the applicable AVR goal. Each TRC will have a life span of one year from the date the APCD issues the TRC Certificate. 2. Businesses of 100 or more employees, that purchase TRCs,can use them on a 1-for-1 basis to lower the number of employee commute trips they would otherwise have to reduce to achieve their applicable AVR goal for a given year. 3. TRCs issued by the District can be bought and sold on an open market by all participants in the Commute Alternatives Program, but all transactions, as described in Section F.2, must be approved by the District. TRC Applicant Responsibilities: a. The Applicant must conduct a Verifiable AVR Survey as described in Section C (Definitions). The AVR survey methodology used by the Applicant must be verified by the APCD. The number of TRCs earned by the.Applicant will be determined by the APCD through review of the verified survey results. b. Any employer requesting to bank TRCs earned shall enter into an agreement with the APCD to maintain its Commute Alternative Program for the life of the TRC. If the employer terminates the Commute Alternative program prior to the expiration date of the earned TRCs,said TRCs shall cease to have value. The employer shall reimburse all purchasers of said TRCs the pro-rated purchase price of the voided TRCs, and the TRCs will be cancelled. C. Employers with less than 100 employees who voluntarily participate in the Commute Alternatives Program and who earn and sell TRCs, shall comply with all program requirements as they apply to regulated employers. TRC Purchaser's Responsibilities: a. Employers who do not meet the applicable AVR goal (as shown in Table 1) may purchase TRCs io offset all or part of the trip reduction strategies they would otherwise have to implement to reach their AVR target. The Buyer's Commute Alternatives Plan must provide details on the amount of the TRCs purchased, the seller, the life span of the TRCs,and whatever supplemental strategies, if any, are to be implemented by the buyer. The Buyer shall maintain the approved program for the life of the TRCs purchased. b. An employer who has purchased TRCs from a company that discontinues its CAR program prior to the expiration date of the TRCs; shall be notified by the APCD that such TRCs are null and void. Within 30 days of receiving such notice, the Buyer shall consult with APCD staff to determine if additional trip reduction options and San Luis Obispo County APCD 7 Proposed Rule 901 (3-29-95) 000035 supporting strategies must be implemented to meet the applicable AVR target. The buyer shall be reimbursed by the seller the pro-rated amount of purchase for voided TRCs. APCD's Responsibilities: APCD will be responsible for general oversight of the Trip Trading Market, including determination of credits earned and banked by applicants for TRCs. a. The APCD will act as "banker" for the Commute Trip Trading Market, tracking TRC's as they are earned, sold/bought, expended or expired. b. The APCD shall receive and maintain records of all TRC transactions, including issuance of the TRC Certificates for each transaction. C. The APCD shall publish a list each quarter of TRCs bought and sold the previous quarter, and the amount of TRCs still available on the open market. d. APCD will provide TRC Applicants and Buyers with technical expertise in all phases of the Commute Trip Trading Market. G. SURVEY REPORTING,BAQ<UIREMENTS Employers must conduct an annual, verifiable Average Vehicle RidershipSurvey to establish whether the performance objectives stated in Table 1 have been achieved. The employee AVR Survey must be conducted not more than 120 days prior to the applicable survey or plan submittal deadline, but must be completed at least 60 days prior to the deadline. To the extent possible, surveying should not be conducted during the period from mid-June to mid-September, during Rideshare Week,.or during the period between Thanksgiving and New Years Day.- AVR ay:AVR for the worksite(s) shall be calculated by dividing the number-of employee days summed over the survey week by the number of vehicle trips summed over the survey week. The AVR calculation requires that a five-consecutive-weekday average be used. An averaging period shall be selected which does not contain a holiday. The sum of the applicable employee population each weekday in the selected averaging period is divided by the total number of vehicles driven by these employees to the worksite during the same averaging period. Employers with multiple worksites may, after receiving approval from the APCO, opt to calculate AVR as a combined average of the AVR of each worksite. In exercising this option the employer must insure that the criteria for conducting the Verifiable AVR Survey is met. The AVR survey will utilize a survey control sheet which identifies: all employees who report within the survey window; all employees who received a survey form; all employees who returned a survey form; and,an explanation for each survey form not returned. This data will'.be used to verify employee participation and survey response rate. In submitting the results of the completed survey to the District within the required time frame, the Employer shall identify the sampling method used (Applicable Employee Population or Random Sample) and provide a tally showing the survey response rate, including the number of surveys distributed, the number of surveys completed and returned, and the number of non-respondents. Both the Applicable Employee Population Survey, and Random Sample Survey methodologies prepared by • the APCO, and described in detail in the Employee Transportation Coordinator(ETC) Handbook. San Luis Obispo County APCD 8 Proposed Rule 901 (3-29-95) 000036 H. RECORDKEEPING Employers affected by this rule shall maintain and retain records, files and documentation to establish compliance. Retention of such documentation shall occur for not less than three(3)years from the date of initial Notice to Register date, or the adoption date of the most current trip reduction plan. This documentation shall be made available for audit and inspection as described in Section I(Audits). I. AUDITS The District may audit the records of any regulated employer, or business selling and/or buying trips on the Trip Trading Market, to verify employment, AVR, plan implementation or provision of any measure in an approved plan. I DELEGATION TO LOCAL JURISDICTIONS Rule 901 may be implemented by employers and at multi-tenant worksites through a locally adopted commute alternatives ordinance. Local jurisdictions may be delegated responsibility for implementation of this rule by the APCO if the following criteria are met: 1. The local jurisdiction submits a plan to the APCO that demonstrates adequate resources to adopt, implement,monitor, and enforce an employer-based commute alternatives ordinance, and the District approves the plan. 2. The local jurisdiction adopts a commute alternatives ordinance that includes, at a minimum, all provisions contained in this rule. 3. The local jurisdiction's commute alternatives ordinance includes provisions to-submit annual progress reports to the APCO containing the following information: a. list of employers, multi-tenant worksites, and others subject to the local ordinance. b. summary of results of all AVR surveys. C. number of employer plans required and the number of plans approved/disapproved. d. total costs of program and average cost per employee. e. number and type of enforcement actions during preceding year. f. anticipated program modifications for the coming year. A local jurisdiction, in lieu of meeting the above requirements, may provide a demonstration that the final year 2000 performance objectives are currently achieved on an aggregate basis for all applicable work sites within its jurisdiction. Such demonstration must utilize methodology approved by the APCO and a commitment and plan to repeat the demonstration once every three(3)years. Failure of the local jurisdiction to comply with the requirements of this section may result in suspension, or revocation of District delegated authority. K. EXEMPTIONS Any employer subject to a local ordinance which requires the provision of trip reduction measures by that employer is eligible for exemption from the requirements of this Rule. • San Luis Obispo County APCD 9 Proposed Rue 901 (3-29-95) 00003'7 1. The APCO shall determine if the requirements of a local ordinance are at least as effective as this rule in increasing AVR at the employer's worksite, and shall notify employers in the jurisdictions in which such ordinances have been adopted. 2. In the event that the local ordinance under which the employerqualified for exemption is amended so that it is no longer as effective as this Rule in increasing AVR, or in the event that the local ordinance under which the employer qualified for the exemption is rescinded, the exemption is void. The APCO shall notify the employer that the exemption is void and the employer must submit a plan to the APCO which meets the requirements of this rule within 120 calendar days of the date of receipt of the notification of the voided exemption. L. ALTERNATIVE COMPLL4dNCE OPTION At the option of the employer, the Commute Alternatives Plan may include an alternative emission reduction program that demonstrates that the measures included in such program will achieve emission reductions equal to or greater than those that would have been realized if the performance objectives were achieved, and that these alternative measures are not required by any other federal, State, or local control measure or regulatory requirement. Such an alternative emission reduction,program shall include an update or progress monitoring report to be submitted at least every two years. M. COMPLIANCE CRITERIA If the employer complies with all provisions of Rule 901, and fully implements all measures of an approved commute alternatives plan, and still fails to meet the AVR targets in Table 1, such failure is not a violation of this Rule. District staff will provide assistance and expertise to affected employers on program development, administration, and monitoring. The focus of District support will be on corrective action and prevention of potential non-compliance situations to help employers remain in compliance with this rule. There will be six separate and distinct criteria for judging compliance with this rule: 1. Timely and accurate response to the Notice to Register and Notice of P[an Preparation. 2. Appointment of an Employee Transportation Coordinator or an APCO-approved alternate. 3. Conducting an annual, verifiable AVR Survey to monitor progress toward the applicable AVR target, and submitting the results to the APCO within the required time frame. 4. Full implementation of all trip reduction options and strategies' described in the approved commute alternatives plan(if applicable). 5. Making available for audit and/or inspection by the APCO or his designee, upon request, evidence or supporting documentation pertaining to all trip reduction options and supporting strategies and activities implemented at a given worksite. 6. Timely reporting of all required information to the APCO. N. VIOLATION Failure to comply with any provision of this rule constitutes a violation of this rule, except if the employer complies with all applicable requirements and fails to meet the AVR performance objective, such failure shall not constitute a violation. Employers of fewer than 100 employees, who participate voluntarily in the Commute Alternatives Program, and who do not intend to sell TRC's on the Trip Trading Market, are exempt the provisions of this rule. San Luis Obispo County APCD 10 Proposed Rule 901 (3-29-95) 000038 O. PENALTIES Facilities found to be not in compliance with this rule will be given the opportunity to come into compliance before issuance of a Notice of Violation(NOV)or other enforcement action by the District. When it is determined that a business is in non-compliance, a letter from the APCO will be sent to the employer describing the deficiency,suggested corrective action to be taken, and recommended measures to prevent further occurrences. The employer will have thirty (30) days from receipt of the letter to respond in writing describing the circumstances of the situation, that the deficiency has been corrected, or to describe any extenuating circumstances preventing correction of the deficiency. If the deficiency remains after the prescribed time period, and if agreement on appropriate action has not been reached, a Notice of Violation may be issued. If an NOV is issued for a deficiency, then the Penalty Schedule shall apply. P. FEES There will be no filing fees for the initial submission and APCD review of Commute Alternatives Plans. There will also be no fee for resubmitting a plan that has been revised to reflect District comments on the initial submission. There will be a $200.00 filing fee charged for each subsequent resubmittal required if the first revision to the trip reduction plan is disapproved by the District. Q. EMPLOYEE NOTIFICATION An employer shall facilitate the participation of employees and employee organizations in the development and implementation of Commute Alternatives Programs by providing the following information to its employees at the times specified below: 1. Information explaining the requirements and applicability of this rule to the employer and its worksite(s) within 30 days of responding to the Notice to Register. This information will be provided by the APCO as part of the Notice To Register packet. 2. The content of the proposed commute options, supporting strategies, and implementation schedule of the Commute Alternatives Plan, if required, at least 30 calendar days prior submitting the Plan to the APCO. 3. Identification of the Employee Transportation Coordinator(ETC)and/or the Employer Program Manager within the organization to whom comments and suggestions can be submitted and questions addressed. 4. Notification may be provided through employee bulletins, notices posted on bulletin boards, articles in any newsletter generally circulated or provided to employees,or any other reasonable means to assure that employees have adequate opportunity for input in the development of the commute alternatives options and strategies, and are informed about the full range of such options and strategies available at the worksite. R. COLLECTIVE BARGAINING DISCLAIMER Nothing contained in this rule shall be construed to abrogate any existing collective bargaining agreement(s) between the employer and employees. San Luis Obispo County APCD . t t Proposed Rule 901 (3-29-95) 000039 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-3 Through: Andrew J. Takata, City Manager Date: Sept. 26, 1995 Via: /Steven L. Decamp, City Planner From:��¢"tGary Kaiser, Associate Planner File No. : TTM #94005 SUBJECT: Appeal of the Environmental Coordinator' s determination that an Environmental Impact Report (EIR) is required prior to consideration of the proposed Closure & Residential' Re-Use Plan for the Millhollin Quarry site. RECOMMENDATION• A Finding should be made by the Council that the project, if approved, may have a significant effect on the environment. Upon such grounds, the appeal should be denied. BAC [GROUND: The Council has been provided with much background information regarding the Millhollin Quarry in connection with previous agendas. Most recently, the Council received a report from the City Attorney which outlined the quarry' s history and recapped the City' s efforts to foster a mutually agreeable plan to phase out mining operations in exchange for reclamation and suitable re-use of the quarry site (Attachment A) . Absent a compelling need to reiterate the quarry' s rather long history, this staff report will focus on the matter at hand -- the project and whether or not its approval could possibly result in significant environmental effects. Application History A Closure and Residential Re-Use Plan for the Millhollin Quarry site were first received by the Community Development Department on December 2, 1994 (Attachment B) . On December 221 1994, this application was determined incomplete for a variety ' of reasons, not the least important of which were obvious inconsistencies with the General Plan, Zoning Ordinance and Subdivision Ordinance and lack of a preliminary grading and drainage plan ' (Attachment C) . The project was revised and the application was resubmitted in more or less its present form on January 25, 1995 (Attachment D) . 1 000040 By March 2, 1995 the application had been determined complete and environmental review of the project had begun. By this date, a Initial Study had been prepared by staff which staff suggested the applicant review and advise as to whether he wished an environmental determination be made based on that information or whether he wished to modify the project in hopes of changing the Initial Study results (Attachment E) . In response to this March 2, 1995 letter, the applicant began what became a 3-month process of providing additional information about the project (wildlife study, traffic analysis, visual assessment, etc. ) but did not substantially change the project to the point where no potentially significant effects could result from its approval. Actually, the fact that it was agreed that such studies were needed in the first place suggests that the project indeed does have the potential for significant effects. By June 5, 1995 it became clear that no further changes in the project would be made nor would any project alternatives be provided that could moot the need for EIR preparation (i.e. , allow a Finding to be made that the project could not possibly have a significant effect on the environment) . A letter was therefore sent to the applicant on that date indicating that, regardless of how much additional information was provided, preparation of an EIR would indeed be required (Attachment F) . ANALYSIS• Proiect Description The proposed Closure and Residential Re-Use Plan (Attachment D) consists of a tentative tract map application accompanied by a development agreement. The Plan seeks to establish a "sunset date" when mining operations would cease and the site would be left safe, visually unoffensive and prepared for residential re- use. Prior to this "sunset date, " however, an additional 100, 000 to 120, 000 cubic yards of material is proposed to be removed from the site resulting in a lowering of the ridgeline by as much as fifty (50) feet. Once this substantial modification of the existing landform is completed, the two (2) existing parcels which comprise the site would be subdivided into six (6) lots ranging in size from 4.47 acres to 4.87 acres and a City-Standard cul-de-sac would be constructed from the existing quarry entrance up to and along the newly lowered ridgeline. Four (4) of the newly created lots would gain access from the proposed new cul-de-sac, with the remaining two (2) lots having access directly from Santa Lucia Road. Of the six (6) lots proposed, three (3) would have building sites located on the ridge. 2 000041 A Development Agreement accompanies the tentative map application for two reasons: to rid time limits imposed by the Subdivision Map Act and establish and make binding any appropriate phasing schedules, operational parameters and/or monitoring programs. Whereas tentative map approval would normally expire if a final map was not recorded within five (5) years of tentative map approval, a Development Agreement would allow the tentative map expiration date to be tied to completion of agreed ;upon improvements. Thus, the proposed earthwork could be spread-out over time (beyond 5 years) . Although the phasing of such earthwork over time could reduce neighborhood impacts it does not reduce all project impacts to a level of insignificance. EIR Determination The State of California has adopted Guidelines for the Implementation of the California Environmental Ouality Act which have the effect of law and are binding on all public agencies within the State. Section 15064 of the Guidelines provides general criteria to guide Lead Agencies in determining the significance of environmental effects and, correspondingly, whether or nor an EIR should be required. Subsection (g) (1) of this Section reads as follows: "If the Lead Agency finds there is substantial evidence in the record that the project may have a significant effect on the environment, the Lead Agency shall prepare an EIR. Said another way, if the Lead Agency is presented with a fair argument that a project may have a significant effect on the environment, the Lead Agency shalt prepare an EIR even though it may also be presented with other substantial evidence that the project wilt not have a significant effect." Subsection (h) of this same Guidelines Section goes on to read: "In marginal cases where it is not clear whether there is substantial evidence that a project may have a significant effect on the environment, the Lead Agency shall be guided by the following factors: (1) If there is serious public controversy over the environmental effects of a project, the Lead Agency shalt consider the effect or effects subject to the controversy to be significant and shalt prepare an EIR." Subsection (h) also states: (2) "If there is disagreement between experts over the significance of an effect on the environment, the Lead Agency shall treat the effect as significant and shall prepare an EIR." Having considered the magnitude of the project, the significance of potential environmental effects and the history of public controversy, there is no question in staff' s mind that an EIR should be prepared (see Initial Study -- Attachment E) . 3 000042 CONCLUSIONS: Based on the Initial Study and other information available it is clear that a "fair argument" can easily be made that the project may have a significant effect on the environment. This being the case, the City as Lead Agency has little choice but to require EIR preparation. CEQA notwithstanding, staff does not feel the Planning Commission, Council nor public in general would have the information necessary to make an informed decision on the project without benefit of an EIR. ATTACHMENTS: Attachment A -- August 8, 1995 staff report Attachment B -- Originally Proposed Project Attachment C -- Incompleteness (Rejection) of Original Project Attachment D -- Revised Project now Proposed Attachment E -- Letter of Completeness/Initial Study Attachment F --Letter Explaining EIR Determination cc: Mr. Glenn Millhollin John W. Belsher, Esq. GK:\ttm94005\eirapeel.cc 4 000043 ATTACHMENT A. 8/8/95 STAFF REPORT" EIR APPEAL -- TTM 494005 REPORT,TOCITY._COUNCIL ----� �—z- rr. - C1TY_OF ATASGADERO `' r , r Agenda Item G-2 Through : Andrew J. Takata, City Manager Meeting Date: 8/8/95 From: ; Arther R. Montandon, City Attorney - SUBJECT:- Millhollin Quarry I RECOMMENDATION That the City Council receive this brief report. r BACKGROUND: The City Council requested a brief report q p rt on the Millhollin Quarry. . This report will I involve two aspects of this matter: One, the City's efforts to ensure mine operations are not creating a nuisance, and foster closure and residential reuse of this property; two, the litigation. DISCUSSION: 1 City Efforts Attached is a brief outline history of the Millhollin Quarryprepared b Associate Y \ Planner Gary Kaiser. This outline includes the substantial effort on the part of City _ officials and employees.-to address the concerns of the citizens impacted by the quarry's'operation. :,,.- Since 1991, the City has gained lead agency status, Jobtained revised financial assurances and brought the nuisance activities associated with mine operations into control. In addition, Mr. and Mrs. Millhollin have submitted a residential reuse development application which would result in the mine's closure, the site's regrading to match natural surrounding topographical contours, and reuse of the land for -� residential uses. The opponents of the quarry existence and operation appear to feel that the City has not done enough fast enough and have file suit. As set forth below, this suit has been costly to all and has yet to yield the results the quarry's opponents seek. 1 000044 4y',�F3 1 dr 7 4 ri 4e + F k k- s cq 2 The Litigation > , t 4V r 3 s Y 1 Z YF Z �t` ?rim tit `sk The equarry's opponents, incorporate d as. theSanta Lucia Neighbors Association (SLNA), filed suit against the City and<Mr. Millhollin m November, 1994, claiming that „4 the City's` action to, approve an intenm< Operations Agreement (I.O.A.)to be'Violative . _ . of the California Environmental Quality Act(CEQA),the State Mining and Reclamation " Act .(SMARA) and resulted in a compensable taking of real property. Motions were filed challenging the adequacy of the pleading three times. .The last motion resulted in a court order,requiring rewrite of the suit by the SLNA.' Another•, motion to dismiss the suit has been filed by the City but has yet to be heard by the''' , * court. The SLNA has also'soughtan'injunction stopping quarry operation. This was denied by the court. w x ' . Mrs. Torgerson stated at,the July 25, 1995, City Council meeting that the State A. Mining Board recommended the neighbors file a lawsuit.:City'staff have called they Board's staff and asked if this was true. -The Senior Compliance Engineer"who has worked on this`quarry issue for the State adamantly stated he'did not make such a recommendation and doubted anyone else in the department would make such a statement. 3. : Quarry Status The quarry still operates, and the IOA has expired. Mr. Millhollin and county staff have stated their intent to operate within, the quidelines of the IOA to minimize neighborhood complaints-. City,staff have not formally or informally agreed to these statements under my advice City staff would react if the quarry's operations created , �? the nuisance activity of 1993 y - SUMMARYJ The parties to this litigation have spent, in my estimation, well over $25,000 in < attorney fees and costs, which would have been better spent addressing the closure and reuse of the quarry site. Staff is now trying to focus its efforts on this task, which, quite frankly,_ has always been staff'sgoal ARM:cw Attachment: Brief history of Millhollin Quarry, 8/1/95, k.: _ - • - 2 .. � 000045 BRIEF HISTORY OF MILLHOLLIN QUARRY -- August 1 1995 1945: Quarry established (prior to SMARA) 1 1980: County Approves Reclamation Plan (no "permit to mine" required) 1991: Heightened public pressure for City to regulate Quarry April 1992: Council adopts Ordinance 242 Re mining & reclamation June 1992: Atascadero certified by State Mining & Geology Board as lead agency under SMARA June 1993: Final Inspection Report (by Sierra-Pacific) presented to City Council. . .Salinas River Pit closed; Millhollin's Rec. Plan & financial assurances deemed inadequate; timeframe established for Millhollin Quarry compliance Sept. 1993: Revised Rec. Plan and financialassurances received. . . Rec. Plan unacceptable, financial assurances routed to State for review ' Dec. 1993: Council grants add'1 time for Rec. Plan preparation; financial assurances deemed unapproved; Quarry to remain closed in interim; City Attorney to report back Re legal 'options March 1994: Council receives status report/legal options. . . financial assurances approved; Council agrees to continued negotiations with additional caveat for Interim Operational Plan to address neighborhood concerns May 1994: Draft Operational Plan received but placed on hold for public input June 1994: First neighborhood meeting held Sept. 1994: Second neighborhood meeting held Sept. 1994: Interim Operational Agreement approved by Council Nov. 1994: Writ of Mandate filed against City, Millhollins and County by Santa Lucia Neighbors Assn. March 1995: Closure & Residential Re-use Plan' (current tentative tract map application) deemed complete; draft Initial Study sent to applicant for consideration prior to environmental determination 000046 �► .sa. June 1995: Interim Operational Agreement expired; Superior Court throws out CEQA and SMARA claims and denies request for preliminary injunction June 1995: Applicant notified of environmental determination . . . notwithstanding additional info. provided, EIR would be required for proposed closure plan. June 1995: EIR determination appealed; applicant requests to suspend appeal hearing until the September 12, 1995 Council agenda to allow EIR scope/cost to be explored. 00004'7 ATTACHMENT B ORIGINAL PROPOSAL CITY OF ATASCADERO EIR APPEAL -- TTM 494005 COMMUNITY DEVELOPMENT DEPARTMENT j. t PO ei �/ t � t / / • /" /� If 4 If (I _ !! jIt IQ If 10 u>(1(��� /• •/ 00, 000048 ATTACHMENT C INCOMPLETENESS LETTER i EIR APPEAL -- TTM 494005 i CITY OF ATASCADERO 19"t YaS 1� ��i'^. 6! 1978 COMMUNITY DEVELOPMENT DEPARTMENT CAA�D' o , December 21, 1994 ' Mr. Tom Vaughan Vaughan Surveys 1101 Riverside Avenue Paso Robles, California 93446 SUBJECT: Determination of Completeness Tentative Tract Map #94005 11600 Santa Lucia Road (Millhollin) Dear Tom: This is to inform you that the above-referenced tentative tract map application, received by this office on December 2, 1994, has been determined incomplete for the following reasons: 1. DENSITY/MINIMUM LOT SIZE -- The minimum lot size within the residential suburban (RS) zone ranges from 2.5 to 10 acres depending on site-specific performance standards related to remoteness; septic suitability; average slope; access condition; and general neighborhood character. Using the formula prescribed by the City's Zoning -Ordinance, .the minimum lot size for the subject site is determined as follows: Criteria Lot Size Factor Distance from community core (12,000'- 14,000 ' ) . . . . . . . . .0.40 Septic suitability (unknown) . . . . . . . . . . . . . . .from 0.50 to 1.50 Average. slope (over 40%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.25 Access condition (City accepted road) . . . . . . . . . . . . . . . . . .'.0.40 General neighborhood character (3.62 x 0.2) . . . . . . . . . . . . .0.72 Total: From 4.27 to 5.27 6500 PALMA AVENUE ATASCADERO, CA 93422 Building Permits:(805)461-5040 Planning:(805)461-5035 Enfomement(SOS)461-5034 Director.(805)461-5097 City Fax:(805)461.0606 000049 Absent percolation tests results, a precise minimum lot size for the site cannot be determined. Based on information . available so far, however, we know that the minimum lot size will be between 4.27 acres and. 5.27 acres. Thus, at least four of the five parcels being proposed will not comply with minimum lot size/density requirements. 2. AVERAGE SLOPE -- The City's General Plan prohibits the creation of new parcels having an average slope of 30% or more, unless (1) such a lot contains a sufficient "building envelope" wherein slopes are less than 20% or (2) the creation of such a lot offers public dedications pr easements which would have a direct benefit to City residents. Please clarify how the project complies with this General Plan policy. 3. PERCOLATION TESTING/SEWAGE DISPOSAL -- Both the ',City's General Plan and Subdivision Ordinance require that percolation tests be done on each of the proposed parcels. Moreover, the General Plan prohibits the creation of new parcels which would require unconventional septic systems or leachfields located on slopes exceeding 30%. Please provide the required percolation test results and demonstrate that each lot complies with this General Plan requirement. 4 . FLAG LOT STANDARDS - The Subdivision Ordinance requires that the rear lot (Lot 4) own the accessway in fee and that other parcels (Lots 1, 2 & 3) have an access and utility easement over the accessway. The accessway must be at least twenty-four (24 ) feet wide and may not be counted towards meeting the minimum lot size. The proposed subdivision must therefore be redesigned (and acreage figures modified) accordingly. 5 . VESTING TENTATIVE MAPS -- For vesting tentative maps, the Subdivision Ordinance requires that the following information be provided: a site plan for each lot showing proposed locations for all improvements; preliminary floor plans and architectural elevations for all structures; septic system design details (including 100% expansion area) ; and detailed grading and drainage plans encompassing all on- and off-site improvements. The grading and drainage plan (which will be necessary for environmental review purposes whether the map remains "vesting" or not) must be prepared by a registered civil engineer and must _show details- at two-foot contour intervals. 6 . SOILS/GEOLOGY REPORTS -- The Subdivision Ordinance and State Subdivision Map Act require that site-specific soils and . geology reports be provided. Although the soils and geology reports prepared for Tract 2012, which were provided, may serve to reduce the costs of preparing the site-specific analyses required, they alone are not sufficient_ _ 000050 7 . TREES -- All trees on the site must be shown on the aforementioned grading and drainage .plan .along with a tree protection and replacement plan. .� i 8. EASEMENTS -- All existing and proposed easements for utilities, drainage, open space, etcetera, must be shown on the tentative map. i 9 . TIMING OF IMPROVEMENTS/SMARA COMPLIANCE -- As required by the Subdivision Ordinance, please provide a. statement of proposed improvements and landscape modifications, including the estimated time of completion of the improvements and landscape modifications in relation to subdivision of the j subject property. This "statement" must satisfy the requirements of the Surface Mining and Reclamation Act (SMARA) as it pertains to reclamation plan amendments. 10. SUBDIVISION EXCEPTIONS Chapter 11 of the Subdivision Ordinance provides for exceptions to Subdivision Ordinance standards. If you are indeed seeking an exception to Subdivision Ordinance requirements pleas specify in writing which standards you are proposing not to meet and provide your rationale as to why the standards ought not apply. In addition to the findings that must be made in order to approve any subdivision exception (see Section 11-11.002 of the Subdivision Ordinance), you should be aware that most of the application materials required by -the Subdivision Ordinance are either required by state law or are necessary for environmental review of the project. Although the Subdivision Ordinance provides for exceptions to its requirements and standards, the General Plan does not. The basic issues raised above pertaining to minimum lot size/density, average slope and sewage disposal must therefore be resolved. We i have discussed these matters at length with previous representatives of the applicant. It is unfortunate that similar preliminary discussions with you were not possible, as basic design flaws could have probably been avoided. Upon resolution of these matters, and resubmittal of this application, you will be notified that your application has been accepted as complete. If we are not in receipt of a resubmittal within ninety (90) days from the date of this letter, your ' application will be deemed withdrawn and returned to you with a letter explaining the procedures for refiling. Any unused portion of your application fee will also be returned at that time. Please return twenty-four (24) copies of the revised tentative tract map and grading and drainage pian, and an 8 1/2" X 11" reduced transparency of each revised plan, along with your resubmittal. 000051 . c In the meantime, please feel free to contact me if you have any questions regarding this matter. • Sincerely, Gary Raiser Associate Planner s cc: Mr. Glenn Millhollin 8758 E. Barstow Clovis, California 93615 GK:TTM94005.inc D000:)2 ATTACHMENT D CURRENT PROPOSAL CITY OF ATASCADERO E I R APPEAL -- TTM 494005 . flat d is COMMUNITY DEVELOPMENT DEPARTMENT • :91L -ON dVn LJVMl NLLVLN3l _ 1 ssow ��ro�o. �N 401E"!r1.,O MI � ,f>•>'•�.- wwr wL 401540W GNV'37.'MOMqj f rw,ular �Yi +.au•r+ i,s 9»OVY9 SSVN Nt1ld77MD� � t?!da! r G P _ _ 'ac it t \ i r Uit 1Ajtf 1! t if ! t f �. / ;j f iT/�� fit oeeo a Bose®�e000a , � ` c� i++f��/f. �l ;t•,�� � � � , l"llt'i P. it fib to�[��� i1�����63i•� � �[.,� / �// i/� � /! — —� zi 3t �} a Si(( ftSl 1114 W - if uj in - SdE is; IM`, Jill .+ 1 i Elis "fe g 91, # i 't' '1 III' •f �f f3� f✓S}�•�TS !` 't�1 1 1 i' i I 111,1!I I t,r 1 I• � . 0 ;3 t E i•=i oet•rc !* '''I /i; llr!old 111 ti 11 tpt �tlf t 4�i .d " ;,l/ii�rti �l j z�!�l�i it►!!i:y�+f�tl�� C o� .I' zj�.`,.ap�'"}f�}����;�f!'._''g8�� i j� /e•, ��lrii�li�,1,'r / ' v fi+tfi E ]cz •i■ �qs.IR �f�� 43 al.d>�„aa'�-'.'„L'a*b^—aaaa-!: 'ua: '•:��S%�1/!/i,'� , i Y=Y 1 - 2000053 A 1 1 ACNMtN1 `-r_ COMPLETENESS/ INITIAL STUDY EIR APPEAL -- TTM #94005 , a CITY 4F ATASCA �DER ® 111 79 A COMMUNITY DEVELOPMENT DEPARTMENT \. sCAD , March 2, 1995 Mr. Tom Vaughan Vaughan Surveys 1101 Riverside Avenue Paso Robles, California 93446 SUBJECT: Tentative Tract Map #94005 -- 11600 Santa Lucia Road Closure and Residential Re-use Plan @ Millhollin Quarry Dear Tom: This is to confirm that the above-referenced Tentative Tract Map Wpplication, revised and resubmitted to this office on January 25, 1995, has been deemed complete. Assuming you will provide the additional full-size plans as promised, the minimum application requirements generically required by the Subdivision. Ordinance will have been provided. The second phase of application processing -- environmental review of the project pursuant to California' s Environmental Quality Act (CEQA) -- begins with an Initial Study. The Initial Study helps to identify the project' s potential effects on various components of the environment. Once the project's effects are identified, a decision must be made as to whether such effects, either individually or cumulatively, are potentially significant. If it is found that the project, or some aspect of the project, may cause a significant effect on the environment an Environmental Impact Report (EIR) must be prepared. If, however, it is found that the project has no potentially significant effects on the environment, or if it is found that mitigation measures can be incorporated into the project which effectively reduce potentially significant effects to a level of insignificance, a Negative Declaration may be prepared in lieu of an EIR. Having reviewed the subject closure and residential re-use plan and all information available and pertinent thereto, we have repared a draft Initial Study. Please review the draft Initial Study and provide and comments you may have. 6.500 PALMA AVENUE • ATASCADERO, CA 93422 Building Permits:(805)461-5040 Planning-1805)461-5035 Enforcement(8051461-50.34 Director.(805)461-5097 City Fax:1805)461.0606 000054 in the event you wish to incorporate mitigation measures into the design/operation of the project to avoid or reduce the project ' s environmental effects, and/or if you wish to provide additional 0 information to articulate why identified effects are not Potentially significant, please advise as soon as possible. Likewise, if you feel an EIR should be prepared for the project (perhaps you feel an EIR would increase the likelihood and/or timeliness of project approval and avoid having to conduct subsequent environmental review prior to the issuance of individual permits) please so indicate. If we receive nothing from you by the end of this month that indicates we should do otherwise, the Environmental Coordinator will make a determination as to the type of environmental document required for the project based on the findings of this Initial Study and any comments we receive from other responsible/trustee agencies in the meantime. We understand that the application in question includes a request to enter into a development agreement with the City, that the City Council ' s consideration of such an agris legislative in nature and that State-mandated timeframes At respect to the City having to act on the application within a certain period of time (i.e. , Permit Streamlining Act) do not apply. Nevertheless, I believe you recognize the importance of keeping the ball rolling and preparing the application for action as soon Possible. Thank you once again for your continued cooperation in this matter. Please don't hesitate to contact me if you have any questions or if I can be any assistance to you. Sincerely, Gary Kaiser Associate Planner Enclosure: Draft Initial Study cc: Glenn Millhoilin, applicant John Belsher, applicant's attorney Andy Takata, City Manager Art Montandon, City Attorney Henry Engen, Community Development Director Michael F. Byrne, Director, Department of Conservation James A. Anderson, Chairman, State Mining and Geology Board Tim Kustic, Principal Compliance Engineer, Office of Mine Reporting and Reclamation Compliance GK:doc-cega. in2 00005;; i CITY Ge ATASCADERO -" n ar►° ENVIRONMENTAL COORDINATOR MTIAL STUDY COMMUNrTY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO,CA93422 (805)461-5035 I. BACKGROUND: 1. Proposal Title: 11600 1.,1 C-%a, z7pro — I 2. File Number(s): ZZ1'1 A- C4005 «-DSv AND RESI DENS tPrl. ��-us�- �- 3. Brief Description of Proposal: — 5EE pr1�C�f€� `�t2o3EE�-T D ESQ-��e� II. ENVIRONMENTAL IMPACTS: (Explanations of all "yes" and "maybe" answers are provided on attached sheets.) YES MAYBE NO 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? El ❑ b. Disruptions,displacements,compaction or overcovering of the soil. c. Change in topography ground surface relief features? ❑ ❑ Po�P y or d. The destruction,covering or modification of any unique geologic or physical ❑ r( (— features? U t=1 e. Any increase in wind or water erosion of soils,either on or off the site? ❑ Ef— ❑ f. Changes in siltation,deposition or erosion which may modify the channel of a ❑ ❑ river or stream or the bed of any lake? g. Exposure of people or property to geological hazards such as earthquakes, ❑ ❑ 2— landslides,mudslides,ground failure,or similar hazards? L--% 5EE Got�r'1�"N^Ae`1 *- t�4) WJE'• 2. Air. Will the proposal result in a. Substantial air emissions or deterioration of ambient air quality? ❑ ❑ b. The creation of objectionable odors? ❑ c. Alteration of air movement,moisture,temperature,or any change in climate, ❑ ❑ either locally or regionally? • 000ob ; YES MAYBE NO 3. Water. Will the proposal result in: a. Changes in currents,or the course or direction of water movements? ❑ ❑ b. Changes in absorption rates,drainage patterns,or the rate and amount of ❑ ❑ surface runoff? c. Alterations to the course or flow of flood water? ❑ ❑ E2- d. Change in the amount of surface water in any water body? ❑ 12-- ❑ e. Discharge into surface waters or in any alteration of surface water quality, ❑ ❑ including but not limited to,temperature,dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? ❑ ` - ' g. Change in the quantity of ground waters,either through direct additions ❑ ❑ or withdrawals,or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public ❑ ❑ ( y� water supplies? 1=1 i. Exposure of people or property to water related hazards such as flooding? ❑ ❑ 4. Plant Life. Will the proposal result in: a. Change in the diversity of species,or number of any species of plants(in- ❑ ❑ cluding trees,shrubs,grass,crops,aquatic plants)? b. Reduction of the numbers of any unique, ❑ ❑ rare,or endangered species of plants? c. Introduction of new species of plants into an area,or in a barrier to the normal ❑ E?-- ❑ replenishment of existing species? d. Reduction in acreage of any agricultural crop? ❑ ❑ 5. Animal Life. Will the proposal result in: a. Change in the diversity of species,or numbers of any species of animals(birds, land animals including reptiles,fish and shellfish,benthic organisms,or in- ❑ ❑ �—y sects)? L� b. Reduction of the numbers of any unique,rare,or endangered species of ❑ ❑ animals? c. Introduction of new species of animals into an area,or result in a barrier to the ❑ ❑ migration or movement of animals? 6. amiss. Will the proposal result in: a. Increases in existing noise levels? ❑ ❑ b. Exposure of people to severe noise? ❑ ❑ 7. Light and Glare. Will the proposal produce new light or glare? ❑ ❑ • 000057 �. YES MAYBE NO 8. i. nom. Will the proposal result in a substantial alteration of the present or �-�/❑ ❑ planned land use of an area? u 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? ❑ ❑ b. Substantial depletion of any nonrenewable natural resource? ❑ u 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances(including,but not limited to,oil,pesticides,chemicals or radiation)in the event of an accident ❑ r'y ❑ or upset conditions? L� b. Possible interference with an emergency response plan or an emergency ❑ ❑ (-"y evacuation plan? U ll. Population. Will the proposal alter the location,distribution,density,or growth ❑ ❑ rate of the human population of an area? 12. Wig. Will the proposal affect existing housing,or create a demand for ❑ ❑ (-�� additional housing? l� 13. Transportation/Circulation. Will the proposal result in: a. Generation.of substantial additional vehicular movements? ❑ ❑ b. Effects on existing parking facilities or demand for new parking? ❑ ❑ u - c. Substantial impact upon existing transportation systems? ❑�- ❑ d. Alterations to present patterns of circulation or movement of people and/or ❑ ❑ 2— goods? e. Alterations to waterborne, rail or air traffic? ❑ ❑ El- f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? ❑ ❑ 14. Public Services. Will the proposal have an effect upon,or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? ❑ ❑ b. Police protection? ❑ ❑ c. Schools? ❑ ❑ d. Parks or other recreational facilities? ❑ ❑ e. Maintenance of public facilities,including roads? ❑ ❑ f. Other governmental services? ❑ ❑ 000058 YES MAYBE NO 15. Energy. Will the proposal result in: ET- a. Use of substantial amounts of fuel or energy? existing sources of energy,or require the b. Substantial increase in demand upon e g $y development of new sources of energy? 16. Utilities.. Will the proposal result in a need for new systems,or substantial alterations to the following utilities: �✓� a. Power or natural gas? ❑ ❑ `— b. Communications systems? ❑ ❑ c. Water? ❑ ❑ d. Sewer or septic tanks? � ❑ e. Storm water drainage? ❑ f. Solid waste and disposal? ❑ ❑ 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard(excluding mental ❑ 2— health)? b. Exposure of people to potential health ❑ ❑ hazards? 18. Aesthetica_. Will the proposal result in the obstruction of any scenic vista or view open to the public,or will the proposal result in the creation of an ❑ a aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of ❑ ❑ existing recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric ❑ Ej� ❑ archaeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric ❑ ❑ Er or historic building,structure,or object? c. Does the proposal have the potential to cause a physical change which would El ❑ affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential ❑ ❑ impact area? 000059 ( ' S MAYBE NO 21. MMandat=F•Ln_din_b of Significance a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major ❑ ❑ periods of California history or prehistory? b. Does the project have the potential to achieve short-term,to the disadvantage of long-term,environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief,definitive period of time while long- ❑ �,/ ❑ term impacts will endure well into the future.) �✓�" c. Does the project have impacts which are individually limited,but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small,but where the effect of the total of those impacts on the environment is significant.) ❑ ❑ d. Does the project have environmental effects which will cause substantial ❑ ❑ adverse effects on human beings,either directly or indirectly? lIL DEI RMINATION On the basis of this initial study: I find that the proposed project COULD NOT have a significant effect on the ❑ environment,and a NEGATIVE DECLARATION will be prepared. . I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project,and a ❑ NEGATIVE DECLARATION will be prepared. I find the proposed project MAY have a significant effect on the environment, ❑� and an ENVIRONMENTAL IMPACT REPORT is required. Date: Z. Z+ 95 CTr�NT4't.-- ST-may PCZES'J��2€D> 6 2 4 S GTa:T�it_ STvfly RItSt�iNtori7 t'�lrE> enry Engen Community De elopment Di tor/ Environmental Coordinator ATTACI-INffiNTS: Explanations Location Map Project Map Environmental Information Form mD so 000060 INITIAL STUDY -- ENVIRONMENTAL CHECKLIST RESPONSES AND COMMENTS Closure and Residential Re-use Plan for Millhollin Quarry Tentative Tract Map #94005 11600 Santa Lucia Road (Millhollin/Vaughan Surveys ) Comments for all "yes" and "maybe" responses on attached Initial Study Checklist; some "no" responses are also explained, as deemed appropriate. 1. (a) no A project-specific geotechnical report has been prepared by Purcell, Rhoades & Associates (Geotechnical Reconnaissance Study, January 31, 1995) . The report concludes that "the proposed grading and residential development at the subject property are feasible from a geotechnical engineering standpoint provided that prudent engineering practices are followed during construction. " Therefore, no potentially significant effects are anticipated. 1. (b,c) yes A substantial amount grading is proposed in order to prepare the site for the development proposed. It is estimated that from 100, 000 to 120, 000 cubic yards of material would be removed resulting' in a lowered ridgeline in the location of the existing quarry scar and recontoured transitions to blend disturbed areas into the surrounding hillside. A City-standard cul-de-sac is also proposed to serve four (4) of the proposed (6) residential lots. The project would therefore result in a disruption, displacement, compaction and/or overcovering of the soil and would result in a change in topography/ground surface relief features. Although this site is unique inasmuch as there is an existing mining scar proposed to be recontoured and reclaimed , the amount of grading proposed is far greater than that typically associated with residential development in this City and could have significant environmental effects. 1. (e) maybe The project has the potential to result in increased soil erosion between now and project completion because of the potential presence of uncompacted and unprotected earth. Erosion could also occur following completion of the project if finished slopes are not revegetated or otherwise protected and/or if storm water is allowed to be concentrated and conveyed to erodible areas. Detailed improvement plans for the proposed cul-de-sac have not been received nor have detailed grading and drainage plans for the development of individual residential lots. Correspondingly, no erosion and sedimentation control plan has been provided. The i possibility of the project causing significant erosion remains . 000061 1. (g) • See response to item #1(a) above. 2 . (a) maybe The timing of project completion has not been established. That is, it is not known at this time whether the substantial amount of earthwork associated with the project and described above would occur within the next couple years or spread out over the next decade. Although a shorter, more intensive timeframe for project completion would probably have a greater effect on air quality (at least in the short term) , the removal of this much material around and from the site may indeed have a significant 1 effect on ambient air quality. The project has been referred to 1 the SLO County Air Pollution Control District (APCD) for review i and comment. ! 2. (c) maybe Public comments have been received in the past expressing a concern that the lowering of the existing ridgeline could alter the micro-climate of the area. Whether or not there would be a discernible difference in the micro-climate of the area upon project completion is not known, however, this is not considered a potentially significant effect. 3. (b) yes The development of the proposed new road and buildout; of each of the proposed residential lots would result in increased impervious surfaces, thereby modifying absorption rates and the amount/rate of storm runoff from the site. Due to the above- mentioned lack of detailed plans, it is not known whether on- or off-site drainage improvements will be necessary to accommodate increased flows. This effect, therefore, remains potentially significant. 3. (d) maybe As mentioned in #3(b) above, is not known whether on-site retention would be necessary. If so, there could be additional standing water on the site during some unknown part of the year. The effects of drainage alterations and surface runoff have already been deemed potentially significant. 3. (e) maybe Although runoff from the site would ultimately be discharged into Graves Creek, it is not thought that significant changes in water quality would result. The project has been referred to the Regional Water Quality Control Board for review and comment. i 000062 4 . (a) yes The project would result in the removal of approximately fifty- five (55) native trees, some of which are already dead. Assuming the removal of trees will be mitigated as prescribed by the City' s Tree Ordinance, this is not thought to be a potentially significant impact on the environment. 4. (c) maybe Details have not been provided with respect to the type of landscaping proposed. Therefore, there remains a potential that new plant species would be introduced to the area and/or that the project would act as a barrier to the normal replenishment of existing plant species. Certain landscape treatments are preferable over others and it is conceivable that unsound landscape plans- would -have a--significant adverse effect on the environment. 5. (c) maybe The project (individual residential uses) could introduce new species of animals into the area and the project may result in a barrier to the migration or movement of animals. The project has been referred to the CA Department of Fish and Game for review and comment. 6 . (a) maybe . The project may increase existing noise levels during construction, depending on the time and rate at which earthwork occurs . After completion, however, the project would result in a reduction of existing noise levels as use of the site for mining purposes would end. Noise associated with the project would not be severe but perhaps significant. 7. maybe The project would result in the construction of six (6) single family residences, three (3) of which would be situated in prominent locations along the ridge. Outdoor lighting associated. with these residential uses may increase light and glare in the area. This effect is not potentially significant. 8. yes The project would obviously result in a substantial alteration of present land use by converting use of the site from an active surface mine to residential. Considering the site is designated for residential use by the City' s General Plan, and also considering the substantial public opposition to the existing mining use, this change is in concept considered a benefit. 000063 Although the proposed change in present land use is generally a benefit, there are specific General Plan policies with which the • project may or may not comply. In addition, the project (as presently designed) may or may not meet Subdivision and Zoning Ordinance requirements with respect to minimum lot size and overall density. Finally, there is presently uncertainty as to whether or not California' s Surface Mining and Reclamation Act (SMARA) applies to the project and, if so, what additional information and/or design changes may be required. Following is a summary of these issues: Average Slope The General Plan states: "new lots averaging 30% or more slope shall not be permitted;.-provided that exceptions may be permitted when the following conditions apply: ( 1) Such a lot contains a "building envelope" with less than 20% average slope which includes building foot, tint, access drives, leachfield, etc. , or (2) The creat of such a lot offers public dedications or easements which would have direct public benefit to City residents. " (Land Use Element, 'Page II-10) At present, each of the proposed lots have an average slope in excess of thirty (30) percent and, with the possible exception of one ( 1 ) of the six (6) lots proposed, they do not have contiguous • areas sufficient to contain buildings, leachfi.eids and access drives on slopes are less than twenty (20) percent. The intent of this General Plan policy is to limit the amount of grading required for the development of new residential lots. As a matter of practice, staff looks at the natural (or existing) slope of a given site when ascertaining consistency with this particular General Plan policy, as opposed to what the site could look like after grading has occurred. In this very unique case, where the site presently contains a relatively large mining scar which must be re-graded for reclamation purposes, the applicant hopes the Planning Commission and City Council will interpret this General Plan policy in such a manner that allows for the project. That is, the site would only comply with this General Plan policy if the topography of the site after grading has occurred is considered in lieu of the existing site condition. Approving a. project potentially inconsistent with the General Plan could result in significant effects, as could changing the General Plan with respect to this policy. Likewise, if this General Plan policy is interpreted such .that a City-wide precedent is established that circumvents the intent of the General Plan (i.e. , allows every subdivision to be evaluated based on its post-grading condition) , a significant effect could result. If, however, the General Plan can be interpreted in a manner that allows for the project without setting a City-wide precedent (i.e. , the uniqueness of the particular case is the 000064 basis for the General Plan consistency Finding) there would not be a potentially significant effect. Sewage Disposal • The General Plan also states: "Preference shall be given to conventional septic systems and new lots shall not be created which would require mound, evapotranspiration or evapotranspiration/infiltration sewage disposal systems. " (Land Use Element, Page II-10) "New lots shall not be permitted where . . . private sewage disposal systems would be required on slopes of more than 30%. " (Land Use Element, Page II-37) Most of the site slopes well-An excess of thirty (30) percent and there is not sufficient information available at this point to confirm that flatter areas are suitable for conventionally designed septic system placement. Once again, a potentially significant effects exists until General Plan consistency can be established. Minimum Lot Size/Density The Subdivision Ordinance requires that percolation tests be performed on each of the proposed lots before applications for subdivisions not served by public sewer are accepted as complete. However, the Ordinance allows for exceptions to this requirement where certain Findings can be made. The only way to make the necessary General Plan conformity Finding, and therefore approve the exception request, is to impose a condition that requires that percolation tests be performed prior to the recordation of the final map and that lots then be reconfigured or eliminated accordingly. The subject tentative tract map application, which includes such an exception request, has been drawn with the assumption that "best case" (faster than 20 minutes per. inch) percolation tests will ultimately be produced. The possibility exists that the project would be approved without a condition that percolation tests be provided and any necessary tentative map revisions be made and re-approved prior to final map recordation. Even if such conditions are imposed, it is possible that tentative map approval conveys rights to the applicant that restrict the City' s ability to impose such conditions which necessitate a substantial re-design of the project and/or the elimination of tentatively-approved lots. This aspect of the project has been referred to the City Attorney for review and comment. Until this matter has been resolved there remains a potentially significant effect. 000065 t\ Surface Mining and Reclamation Act (SMARA) • It has yet to be determined whether the proposed closure and residential re-use plan constituters a substantial amendment of the existing 1980 Reclamation Plan or is otherwise subject to SMARA requirements. If so, SMARA may require that additional information be provided, that the project be modified and/or that different procedures be followed for approval. The project has been referred to the State Department of Conservationfor review and comment. Until questions of SMARA compliance are resolved a potentially significant effect is thought to exist. 9 . (a) maybe As evidenced by the record, the quantity of material that may be removed under the 1980 Reclamation Plan, and the rate, at which the material may be removed under the-- 1980 Reclamation Plan, has yet to be established. In addition, the 1980 Reclamation Plan does not specify a sunset date upon which the quarry use would/must cease. As mentioned above, the timing of project completion has yet to be determined; rather, the question of timing will be the subject of public debate during hearings scheduled to consider action on the project. Depending on what is ultimately decided in this regard, there may be an increase in the rate at which natural resources are removed from the site. This could have significant effects on the environment. 9 . (b) maybe Since the total amount of material that may be removed from the site over the lifetime of the mine under the 1980 Reclamation Plan has not been established, it is difficult to tell whether the project would authorize an additional depletion of nonrenewable resources. Although the project involves the removal of a substantial amount of material, the project does not have the potential to deplete mineral resources to a significant extent. 10. (a) maybe Heavy equipment containing hazardous materials would be used during project construction. Therefore, the risk of a spill in the event of an accident would be present. This risk is not unusually high, and this is not considered a potentially significant effect of project approval. 13. (a) maybe As mentioned above, the timing of material removal has not been established. Although the six ( 6) residential uses to ultimately . be established on the site would not add significant vehicular movements, there is a potential that substantial additional 000066 r i vehicular movements could be associated with project construction. If so, significant effects could result. • 13. (c) maybe See response to item #13 (a) above. In addition, if the project is approved there is a good chance that Santa Lucia Road (at least across the project' s frontage on that street) would have to be improved. On the surface, this would seem to be a beneficial aspect of the project. However, no preliminary plans have been provided for such road improvements and the environmental effects of such road improvements remain unknown. Road improvements may have a significant effect on the environment. 13. (f) maybe Although the six (6) residential lots proposed would not increase traffic hazards to a significant degree, continued and/or increased heavy equipment on public streets exporting material proposed to be exported from the site could. 14. (e) maybe The project would result in the construction and dedication of a new public street, but this is not a potentially significant effect. 16. (d) yes The project would result in the placement of individual septic/leachfield systems on each of the six (6) proposed residential lots. Since no proposal to change aforementioned General Plan policies relative to sewage disposal have been made, and since the project must be found consistent with the General Plan if approved, the systems would be located on slopes of 30% or flatter and would be conventional in design. This is therefore not thought to be a potentially significant effect. (NOTE: See response to #8 above) . 16 . (e) maybe As mentioned above, detailed plans have not been provided with respect to grading and drainage. New drainage systems and/or substantial alterations to existing drainage systems may be required. As long as this issue remains unaddressed so too does the potentially significant effect. 17 . (a,b) maybe The project ' s potential to significantly increase safety hazards seems to be limited to truck traffic associated with construction (material export) , as discussed above. 00006'7 i 18 . maybe The project would significantly alter the topography of the site by recontouring the existing mining scar such that finished slopes are safe and blended to appear natural. This is considered a beneficial effect of the project from an aesthetic standpoint. Nonetheless, it is possible that alternatives exist which accomplish these goals without having to remove so much material and/or disturb as much area. Such options will undoubtedly be discussed at the hearing, but as long as the project remains substantially/conceptually the same this effect is thought to be beneficial. According to plans, three (3) of the six (6) residences would be situated in prominent locations along the ridge. Although proposed recontouring and revegetation of existing scarred areas is not thought to have- a potentially significant adverse visual effect, the placement of structures along the ridgeline could. 20. maybe The site has already been disturbed to the point that archaeological resources, if indeed present prior to the commencement of mining, have already been destroyed. Although the project proposes to disturb new areas, the site is not representative of areas where such resources are likely to be found. No potentially significant effects related to archaeological resources are therefore anticipated. 21. (b) maybe Limiting the intensity of construction (i.e. , the amount of material the can be removed over a given time) may meet short- term goals with respect to traffic safety, noise, dust, etc. , but would prolong project completion and the ultimate reclamation of the potentially unsafe, erodible and visually displeasing condition of the property. When the project is completed, the site' s mineral resources will no longer be available to the County of San Luis Obispo for the purposes of road maintenance. This may increase the cost of public works projects within the County, cause an intensification of use at other mineral sources and/or worsen air quality and traffic due to the County having to transport the material over longer distances. Thus, the project basically proposes to shift the adverse effects of surface mining from this location to other locations. This effect could be significant. 21. (c) yes Potential impacts identified and discussed throughout this Initial Study are individually limited but cumulatively considerable; cumulative effects of project approval are potentially significant. 000066 21. (d) maybe The extent to which the project creates or worsens traffic safety i is unclear at this time but potentially significant. GK:ttm94005.is 000069 ATTACHMENT F EIR DETERMINATION LETTER EIR APPEAL -- TTM 494005 • CITY OF ATASCADERO 191X 41 .. 197* COMMUNITY DEVELOPMENT DEPARTMENT CAD June 5, 1995 Mr. Tom Vaughan Vaughan Surveys 1101 Riverside Avenue Paso Robles, California 93446 SUBJECT: Tentative Tract Map #94005 11600 Santa Lucia Road (Millhallin) Environmental r nmeatal Determinatioa Dear Tom: On March 2, 1995, you were informed that the above-referenced tentative tract map application had been accepted for processing and that environmental review of the project pursuant California's Environmental Quality Act (CEQA) would`'comm eace. Attached to that letter was a draft Initial Study indicating*that Project approval could have significant environmental effects. Since the mailing of this March 2, 1995 letter and attached Initial Study, you or other representatives of Mr. Miilhollin have provided additional information regarding the project's potential effects on wildlife, traffic, visual quality and water quality. In addition to these items, a revised "conceptual mass grading, drainage and erosion plan" was received from your office on May 15, 1995. Although the revised conceptual grading plan does clarify a discrepancy between the tentative map and previous conceptual plan (by Omni Design Group) with respect to proposed road and building site locations, the revised plan does not Provide more-detailed grading and drainage information nor does it resolve the General Plan consistency question (see Initial Study for elaboration) . It is our understanding that all project alternatives you plan on providing have been provided, all project changes you plan on making have been made and all additional information you plan on producing has been produced. We are therefore advancing to the next step in the review process -- preparation of the appropriate environmental document for the project. t 6500 PALMA AVENUE • ATASCADERO, CA 93422 000070 Budding rmnioe(am 613010 Planning:(809 K1-wn Eniorcwwnt(M K1-5034 01 emr.=51 46130lf Gtr far(SM 46149 it a Pursuant to CEQA, the determination as to whether or not an EIR is required for a given project is based on the so-called "fair argument" test. That is, if a "fair argument" can be made on the basis of "substantial evidence" in the record that the p may have a significant effect on the environmerit an EIR issect required, regardless of whether there is also "substantial . evidence" that the project would not have a significant effect on the environment. Conversely, a Negative Declaration is authorized when the Lead Agency determines that no "substantial evidence", exists supporting a "fair argument" of significant effect. The Environmental Coordinator has reviewed the Initial Study materials shared with you in March together with other information in the record, including materials you've provided since March, and has found that known project impacts (some impacts are still unknown due to insufficient information and are therefore also potentially significant)'remain cumulatively considerable and that the project may indeed result in significant effects on the environment. Given the above CEQA mandates, an Environmental Impact Report (EIR) must therefore be prepared prior to consideration of project approval by either the Planning Commission or City Council.. Fortunately, CEQA allows (and in fact encourages) , preparation of focussed -EIRs whereby analysis is focussed on impacts which are thought to be potentially significant while giving only cursory treatment to less-than-significant impacts. In addition, CEQA allows for independent review and analysis of information provided by project proponents. These two allowances combined, which we agree should be utilized to the extent possible, should substantially reduce the cost of EIR preparation. The next step will be to meet in order to refine the project description and establish a work scope for the EIR. This will enable circulation of a Notice of Preparation (NOP) and selection of a consultant to begin preparation of the document. Please contact me at your earliest convenience to set-up such a meeting. Sincerely, Gary Raiser Associate Planner cc: Glenn Millhollin, applicant John Belsher, applicant's attorney DeWayne Holmdahl, State Mining and Geology Board Tim Rustic, Reclamation Compliance Unit Andy Takata, City Manager Art Montandon, City Attorney 0000' 1 DEPORT TO CITY COUNCIL . CITY OF ATASCADERO Agenda Item: B-3 From: Arther R. Montanton, City Attorney Meeting Date: 9/26/95 SUBJECT: Millhollin Mine RECOMMENDATION: That the City Council take no enforcement action at this time. DISCUSSION: The City Council requested a memorandum setting forth its legal option, as an enforcement agency, against the operation of the Millhollin Mine. Attached is a memorandum I prepared in February, 1994, which sets forth these options. The current situation makes the pursuit of nuisance and declaring the need for a revised reclamation plan more difficult today. • A nuisance action would be more difficult because the mine is operated better today that it was when the attached memorandum was written. Pursuit of the adequacy of the reclamation plan is made more problematic by the position of the Executive Officer of the State Mining and GeologyBoard. This position was articulated in a March 22, 1995, letter to Mrs. Torgerson (attached). He states in Paragraph 4: "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. " As stated in my memorandum at the bottom of page 6, any action the City Council takes regarding the reclamation plan is appealable to the State Board. Thus, even if the City determines the plan inadequate, the state would probably overturn the decision. ARM:cw Attach.: 2/7/94 City Attorney memo to City Council 3/22/95 Letter from J. Parrish, State Dept. of Conservation, to M. • Torgerson 0000711 i MEMORANDUM To: Mayor and City Council Dater 2/7/94 From: Arther R. Montandon, City Attorney Subject: Millhollin Mine Background: On December 14, 1993, the City Council requested a memorandum which will set forth the City's legal options regarding the issues surrounding the Millhollin surface mining operation. The mine is located on 11400 Santa Lucia Road within Atascadero. It is owned by Glen and Darlene Millhollin and operated by informal agreement by the County of San Luis Obispo. On December 14, 1993, the City Council met to discuss the mine owner's request for additional time to prepare a revised reclamation plan. At that meeting, after much public testimony and Council discussion, the City Council directed staff to work with the County and the Millhollins regarding the issues raised by the citizens impacted by • the mining operation. In addition, this report was requested. City staff requested and received many documents from the County and the State. We are still seeking some documents. Historical development of the Millhollin Mine: Based upon the information acquired, the following is a brief historical chronology of the Millhollin Mine. Reference is made, where possible, to the source of this information. The Millhollin Mine started operation in 1945 and has operated intermittently ever since. It has produced the following quantities of material (shale, red rock): 1945-50 100 cubic yards 1951-76 50,000 tons 1977-80 20,000 cubic yards 1980-91 ? 1992 12,299 cubic yards 1993 20,809 cubic yards (Source: 1980 Certification of Vested Rights, 1992, 1993, S.L.O. County purchase orders) • 0000,71,Z. E The mine had no land use or other approval for operation until '1980. In 1975, the • Surface Mining and Reclamation Act (SMARA) was enacted by the State Legislature. . This Act, Public Resources Code Section 2710, et seq, both protects and provides regulation of surface mines such as Millhollin's. The county adopted a series of ordinances to implement SMARA. The first was Ordinance No. 1918, effective January 3, 1979. This ordinance was amended by Ordinance No. 1999, effective March 4, 1980. The County staff (Engineering Department) prepared a reclamation plan for the Millhollin Mine. The application was signed by the mine's owner on Saturday, March 28, 1980. The reclamation plan was approved Tuesday, March 31 , 1980, by a one paragraph document signed by the then-County Engineer, which stated: "Reclamation plans have been prepared by the San Luis Obispo County Engineering Department. The reclamation plans have been reviewed by the County Engineer according to the provisions set in County Ordinance 22.81 .075." It should be noted this document makes no reference to the Millhollin Mine or its application. In addition, Ordinance 22.81 .075 had been repealed on the date of this approval. Though the County retained authority over zoning matters until July, 1980, it • continued to retain jurisdiction as lead agency under SMARA until 1992, when the City took over this responsibility. Pursuant to the City's authority as lead agency, a compliance study was commissioned and completed by Sierra-Pacific Groundwater Consultants, Inc., in 1992-93. The report, on pages 6-13, set forth a list of both technical and substantive defects in the reclamation plan. The report concludes on p. 20: "The Millhollin reclamation plan, and lead agency procedures undertaken to approve the plan in 1980, would be considered unacceptable by 1992 SMARA and CEQA standards. In fact, the plan would have been deemed unacceptable by 1980 standards had it been subject to the state review in accordance with SMARA and CEQA.... The S.L.O. approval process was further blighted by failure to conduct even a single public hearing." Over the past years, the City Council and staff have received many complaints about the manner in which the mine is operated. Code enforcement complaints were filed which led to removal of inoperative vehicles, the obtainment of a business license by the Millhollins and written assurances from the County that it is the exclusive operator of the mine. 2 0000'71..1 f On December 14, 1993, the City Council considered the adequacy of the financial assurances and a request by Mr. Millhollin for more time to submit a revised reclamation plan. At that meeting, it was my opinion, based on the state guidelines regarding financial assurances, that we did not give proper notice to Mr. Millhollin regarding the City's concerns. (I believe the State has since accepted the financial assurances.) The City Council then voted to approve Mr. Millhollin's request provided the mining stop. Mr. Millhollin agreed but the County representative could not agree. € The mine finally ceased operation at the end of December, 1993. I Legal Options: The City has five Legal options. Some will not necessarily achieve the City's goal in these proceedings, which is to provide for closure of the mining operation and the jreclamation necessary to return the site to usable, aesthetically compatible land. I realize Council members may disagree as to when "closure" is desired or what "usable, aesthetically compatible land" should be. Despite the shortcomings of some of these options, all are discussed. 1 . Permit Revokation Members of the public have asked the City to essentially revoke the Millhollin Mine's authorization to operate. This mine has none and does not have to have one if it is a mine with a "vested right" to operate. Public Resources Code Section 2776 states in applicable part: • "No person who has obtained a vested right to conduct surface mining operations prior to January 1 , 1976, shall be required to secure a permit pursuant to this chapter.... A person shall be deemed to have vested rights if prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if the permit or other attOWization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. I can find no evidence that the Millhollin Mine had aP ermit or any approval until 1980. Though the County's ordinances required an approved reclamation plan, no permit was required or ever obtained. As such, there is no permit to revoke and this option is not viable. 2. Public Nuisance Abatement The City has police power authority to declare what activities or uses constitute a nuisance and to enact regulations designed to eliminate or reduce the 3 000071. 1-/ i 1 t occurrence of a nuisance in an effort to protect the general welfare (Cal. Const. Art. XI, Section 7). The City has adopted such laws in Atascadero Municipal Code Sections 9-8.106 through 9-8.107. Civil Code Section 370 defines nuisance as being "anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property". A public nuisance is one that affects an entire community or neighborhood, or any considerable number of persons at the same time (Civil Code Section 3480). SMARA does not limit a City's ability to declare, prohibit or abate a nuisance (Public Resources Code Section 2715). The City's Code requires a 30-day notice to abate the nuisance. After that, if the property owners have not stopped the nuisance activity, an abatement notice is served and a hearing set within 15 days before the City Council. If the City Council finds that a nuisance exists, it may order abatement within a reasonable time not less than 30 days. A court action seeking an injunction then can be filed. The court will not order the mine shut down unless it poses a serious threat to health, safety or property. Since the mine is an established operation, possibly with vested rights, the best we can hope for is that the court will order it to be operated in a manner more compatible to the surrounding residents. This probable result . would be no more beneficial than a negotiated operational agreement between the City, County and the Millhollins, as discussed below. 3. Business License Requirements In 1992, the City pursued a code enforcement action against the Millhollin Mine for not having a valid business license. The City required Mr. Millhollin to remove inoperable vehicles and allow the mine to undergo SMARA inspection. Both of these conditions were fulfilled. The County then claimed to be the operator and, as such, was exempt from the business license requirement. Mr. Millhollin received a business license as a lessor of commercial real property. In December, 1993, it was discovered that Mr. Millhollin had contracted to operate a bulldozer to "knock down" the rock. As such, he became a mine operator outside the scope of his current business license. This was the basis of Mr. Takata's January 3, 1994, letter to the County stating no more material shall be removed. If the City enforced this requirement, impact to the mining operation would be minimal, if any. Either Mr. Millhollin would cease contracting for a bulldozer, I 4 F I i 0000 71, i which the County could then do, or he could simply apply for a new business license. The City has no basis to deny this new license. 4. Legislate/Enforce Zoning Laws SMARA does not limit the power of the City to regulate use of buildings, structures and land as between industry, business, residences, open space and other purposes. As such, the City may enact or enforce its laws to minimize the impact of the mining operations to the surrounding residents. As stated above, this may be more easily achieved by an operational agreement by and between the City, County and the Millhollins. 5. Challenge the Validity and Adequacy of the Existing Reclamation Plan A reclamation plan is required of a surface mining operation even if it has a vested right to operate without a permit, under State law (Public Resources Code Section 2770), under the County ordinances in effect in 1979 and 1980 (S.L.O. County Code Sections 22.81 .070 and 22.81 .050, respectively) and the City's Code (A.M.C. Section 5-9.03, subd. (2)). The County approved a reclamation plan on March 31 , 1980. The validity of this approved plan can be challenged as invalid or inadequate upon the following grounds: 1 . Approved in non-compliance with the applicable County • ordinance. (a) The plan should have been filed with the Planning Department(S.L.O. County Code Section 22.81 .050, subd. A (2)). (b) T plication does not contain all the requirements of State law (S.L.O. County Code Section 22.81 .050, subd. b, see Sierra-Pacific Groundwater Consultants, Inc. Report 1992, 1993, pgs. 6-12 and Public Resources Code Sections 2772-3). (c) The application did not receive planning review (S.L.O. County Code Section 22.81 .050, subd. d). (d) None of the required findings were made (S.L.O. County Code Section 22.81 .050, subd. d). (e) State geologist was not notified of filing of reclamation plan application (S.L.O. County Code Section 22.81 .050, subd. c). 5 0000'71.6 2. Approved in non-compliance with State laws. (a) A public hearing was required (Public Resources Code Section 2774). (b) As stated above, the application did not include all required information (e.g., proposed date of termination of mining activity, maximum depth, anticipated quantity of material to be extract- ed)(Public Resources Code Section 2772). (c) Approved without environmental review. (d) Other deficiencies listed in the Sierra'-Pacific Groundwater Consultants, Inc., Report 1993 & 1994, pgs. 6-12. 3. Vested rights have expired or were not perfected. (a) County did not certify that the vested rights existed and arguably expired pursuant to Public Resources Code Section 2770, subd. (B)). (b) The use has expired or there has been a substantial change in operation which would require a permit to operate (Public Resources Code Section 2776). The City's Code would require a use permit (A.M.C. Section 5-9.04, subd. (1)). (c) Research the land use legality of the mine's operation from 1945 to the present. A use,; cannot obtain a vested right to operate if it operated originally in violation of land use laws. If the City chose to pursue this alternative, SMARA requires compliance with the procedures set forth in Public Resources Code Section 2774.1 . This section requires 30-day notice of violation. The lead agency may then order compliance. The Millhollins shall be provided a hearing before the City Council. While the hearing is pending, the order cannot go into effect. Also, while applications are being processed, enforcement actions cannot be commenced. Finally, the Millhollins may appeal to the State Board (Public Resources Code Sections 2774.1 and 2770). • 6 i j 0000 71,7 1.7 Though the City may pursue an injunction for non-compliance with SMARA, it must • demonstrate an imminent and substantial endangerment to the public health or environment (Public Resources Code Section 2774.2, subd. (d)). Recommendation: That the City pursue an interim operational agreement with the County, City and the Millhollins regarding the operation of the mine during the good faith pursuit of an amended reclamation plan and development plan for the site. The agreement should be considered only after public input. According to State law, the reclamation plan and development plan would have public review. This recommendation, if pursued with earnest diligence, would accomplish much if not more than the above-referenced enforcement actions. These legal options could be reserved in the operations agreement and pursued later if the recommended approach fails. ARM:cw 7 • 000071—S' STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor DEPARTMENT OF CONSERVATION STATE MINING AND GEOLOGY BOARD 8 K Street, MS 24-05 S mento, California 95814-3528 DeWayne Holmdahl, Chairman Bob Grunwald, Vice Chairman TELEPHONE: 1916) 322 Sands Figuers TDD LINE: (916) 324-2555555 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 ED #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 the Millhollin 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, 0000 '(1. Millhollin Quarry Page 2 4 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 I f the mine. Its only courses of action are negotiation with the mine operator, or legal restraining 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 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 taldng action in this case, then your recourse is directly to the Courts. Sincerely, 7o G. Parrish, Ph. D. E ecutive Officer 000071 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-4 Through: Steve Decamp, Meeting Date: September 26, 1995 City Planner From: Doug Davidson, Senior Planner File No: TTM 95002 SUBJECT: Consideration of an appeal by Richard Shannon (Representative Cannon Associates) of Condition #15a. of Tentative Tract Map 95002, as approved by the Planning Commission on August 15, 1995. Condition #15a requires the construction of curb, gutter, and sidewalk in order to subdivide a five acre piece of property into five one acre lots for residential development. RECOMMENDATION: Deny the appeal based on the attached Findings for Denial. BACKGROUND: The subject site is located at 3555 E1 Camino Real -- the property which was included within the Urban Services and changed from Suburban Residential to Moderate Density Single Family Residential on March 14, 1995 (Resolution 11-95) . Tentative Tract Map 95002 was approved by the Planning Commission on August 15, 1995. Condition #15a requires the construction of curb', gutter, and sidewalk along the El Camino Real frontage of the property. This requirement is per City Standard 407 (see attachment) . Condition #15 was the focus of discussion at the Planning Commission hearing. Condition #15d was revised to reflect a rural (v. urban) cul-de-sac, as approved by the Fire Marshal. After hearing testimony from the applicant arguing that full frontage requirements along E1 Camino Real were not appropriate in this case, the Planning Commission voted to maintain the public improvements as contained in Condition #15a. `"' The attached memo from the Assistant City Engineer summarizes the reasons for the improvements required in Condition #15a. El Camino Real is designated as the major arterial in the Circulation Element of the General Plana As stated'; on Page III- 13, "the Circulation Plan shall serve as a guide to identify, schedule, fund, and impleme -t roadway improvements as development occurs in the future, and as a standard against which to evaluate future development and roadway improvement plans. " The City' s Road and Engineering Standards are the method to implement the appropriate street improvements. "Exceptions to the adopted standards should be kept to a minimum and evaluated on a case-by- 000072 case basis" (Circulation Element III-15) . Staff does not believe that this situation calls for an exception. The east side of E1 Camino Real from San Anselmo to Santa Cruz Rd. has been the subject of a continuing debate over what is the proper scale and type of land use. Specific projects, such as the Factory Outlet and Rochelle General Plan Amendment, and the clear dichotomy (commercial retail on one side - suburban residential on the other) between existing land uses on this stretch of El Camino Real, have led many to believe that the east side of E1 Camino Real may be suitable for higher level of development. Commercial or multiple family development certainly calls for a fully developed street section. This argument about future development could be attacked as conjecture, and besides, the appellant agrees that full frontage improvements are necessary upon commercial development. Staff maintains that a convincing case can be made for requiring curb, gutter, and sidewalk on the residential subdivision. The Circulation Element policies cited above would seem to refute the appellant' s claim that the requirement isnot consistent with the General Plan. The statement is correct that " concrete curb, gutter, and sidewalk does not preserve the rural character of residential neighborhoods." This project, as conditioned, conforms to this philosophy - the new road/cul-de-sac serving the subdivision (and the adjacent four-lot subdivision) is not required to contain curb, gutter, and sidewalk. (Note: The change from "urban" to "rural" cul-de-sac made at the Planning Commission in Condition #15d related to radius of the cul-de-sac only - curb, gutter, and sidewalk are not required in either instance. ) It is the arterial function of E1 Camino Real that demands the complete frontage improvement. Finally, as the Assistant City Engineer states, E1 Camino Real is the vital link in the pedestrian and bikeway path system as envisioned by the Circulation Element. "This route is the highest priority bike route in Atascadero, as it serves the primary commercial corridor, provides access to various schools and other generators, and also serves Caltrans park-and-ride facilities. (Page III-28) " CONCLUSIONS: Each piece of frontage developed is one less to be obtained as E1 Camino Real develops to its full extent. No further subdivision of this property can occur under existing zoning, and furthermore, even if the parcels were rezoned at a later date to High Density Single Family, they could not satisfy the one-half acre net lot size requirement. Thus, the time to require the improvement is now; the time the new lots are created. It has been legally established in California that subdividing is a "privilege" , not a right. Gaining that privilege should come with improving the property to the standard foreseen by the City' s General Plan. 0000'73 ATTACHMENTS: Letter of Appeal dated August 28, 1995 Response to Appeal from Assistant City Engineer Section Drawing - City Standard 407 Findings for Denial Staff Report to Planning Commission Revised Conditions of Approval 8/15/95 Planning Commission Minutes 8/15/95 000074 P _ ID Mh Ifni t F (.ANNON, PF .AFd1wI w t, N41 kk1AY, AIA, ni(P I:)AN11 t ri }11)1+.HIN:CIN, i ASSbr: IArES ( • WMIffY Cain FI(pf1?truly,Inc August 28, 1995 1 I N c M r I., City Council (Il ANNI W. City of Atascadero 6500 Palma .)URV1 YOR1% Atascadero, CA Subject: Appeal of Conditions of Approval TTM 95002, 3555 El Camino Real, Shannon Honorable Council, This letter shall serve as formal notice of Appeal of the Conditions of Approval of Tentative Tract Map 95002 as adopted by the Planning Commission on August 15, 1995. The subject of t6 appeal is the language included in Condition 15a. Condition 15a. refers to improvements on El Camino Real constructed to conform to City Standard 407. City Standard 407 includes concrete curb, gutter, and sidewalk. We hereby request that curb, gutter, and sidewalk be specifically excepted from Condition 15a. The applicant does not object to the street widening specified in City Standard 407. The applicant proposes to construct an asphalt dike per City Standard 418 in place of the concrete curb and gutter and a gravel walkway in place of concrete sidewalk. It is the applicant's opinion that concrete curb, gutter, and sidewalk is not in character with the"moderate" density, one acre lot zoning and is not consistent with the goal of the general plan to preserve the rural character of residential neighborhoods. There is potential for properties on the east side of El Camino Real to be rezoned for uses compatible with arterial frontage. Curb, gutter, and sidewalk would be appropriate at the time these uses are established. Thank you for your consideration of our appeal. Sincerel , 464 PA- il: '.Iftll I mo ' SAN 1 i, 1)fsf•.i•„ ( n John Falkenstien P.E. Ir 1116•Jr19 41401 proj9407111appeal AUG 140) ':O4AtAUNITY DEVEI OP!VPN'•,_ 0000'75 B CITY OF ATASCADERO 1918 9 d, DEPARTMENT of PUBLIC WORKS MEMORANDUM DATE: September 5, 1995 TO: Doug Davidson, Senior Planner FROM: John Neil, Assistant City Engineer-Ve+J SUBJECT: Tract 2198, EI Camino Real, Shannon Appeal of Condition 15a We are in receipt of the letter from Cannon Associates dated August 28, 1995 regarding the appeal of Condition of Approval 15a for Tract 2198. EI Camino Real is designated as a major arterial roadway in the Circulation Element of the General Plan. Construction of EI Camino Real to the City Standard arterial section would require the construction of curb, gutter and sidewalk. Furthermore, the bikeways and pedestrian paths section of the Circulation.Element recommends that a continuous system of pedestrian routes to school be established with EI Camino Real being identified as one of the key routes to be developed. The west side of El Camino Real immediately opposite the project site is constructed with curb, gutter and sidewalk. On the east side of El Camino Real the curb, gutter and sidewalk ends approximately 1000' to the south near San Anselmo Avenue. It seems logical to assume, considering the policies established in the Circulation Element, that curb, gutter and sidewalk will be continued along the east side of El Camino Real either by private developers or through the City's capital improvement program. Since this particular parcel can subdivide no further under the current zoning, this will be the last opportunity to have these improvements constructed without the use of City funds. The applicant states that concrete curb, gutter and sidewalk is not in character with the goal of the general plan which is to preserve the rural character of residential neighborhoods. Considering the Circulation Element is a key component of the General Plan, construction of curb, gutter and sidewalk along this portion of El Camino Real does not seem as though it would be "out of character". iPlease call if you have any questions regarding the above. 9214391.ata 6500 PALMA AVENUE • ATASCADERO,CA 93422 Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 FAX:(805),461-7615 0000'76 REVISIONS APPROVALS DESCRIPTIONS BY I DATE 1APPROVED COUNCIL RESOLUTION NO. 26-92 3 10 92 MINIMUM R/W: 100' R/W loo, R a 50' 50' 10' t-8 8 5 12 12 J5' 12' SIDE PARK BIKE TRAFFIC TRAFFIC TRAFFIC TRAFFIC BIKE PARK SIDE WALK LANE LANE LANE LANE LANE LANE WALK oz 2" MIN. TYPE N o 2' "B" A.C. (TYP) 2% 2 l I r cr, I go TYPE "A" 6" MIN. CLASS II CURB do GUTTER AGG. BASE DRAWN BY: CITY OF ATASCADERO R.A.L. ENGINEERING DEPARTMENT DRAWING N DESIGNED BY: s.i.s. TYPICAL SECTIONS D TE: 407 2/27/92 FIK NAME: ARTERIAL A 07.DWG 0000'x'7 Findings for Denial of Appeal of Condition #15a. • Tentative Tract Map #95002 3555 El Camino Real (Shannon/Cannon) September 26, 1995 FINDINGS• 1. Eliminating the requirement to construct curb, ,gutter, and sidewalk on El Camino Real is not consistent with the General Plan, specifically the Circulation Element. 2. Eliminating the requirement to construct curb, gutter, and sidewalk on E1 Camino Real is not consistent with the City' s adopted Engineering Standard Specifications and Drawings, specifically Standard 407. 000078 CITY OF ATASCADERO Item: B . 1 STAFF REPORT FOR: Planning Commission Meeting Date: August 15, 1995 BY:DP Doug Davidson, Senior Planner File No: TPM #95002 SUBJECT: Consideration of a tentative tract map application to divide a 5.24 acre lot into five (5) parcels of one acre each for single family residential use. RECOMMENDATION• Staff recommends the following actions: 1. That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) ; and 2. That Tentative Tract Map #95002 be approved based on the Findings for Approval contained in Attachment G and the Conditions of Approval contained in Attachment H. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Richard Shannon 2. Representative. . . . . . . . . . . . . . .Cannon Associates 3. Project Address. . . . . . . . . . . . . .3555 E1 Camino Real 4 . Site Area. . . . . . . . . . . . . . . . . . . .5.24 acres (gross) 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Res. Single Family, one acre minimum lot size) 7. General Plan Designation. . . . .Mod. Density Single Family 8. Existing Use. . . . . . . . . . . . . . . . .Vacant 9. Environmental Status. . . . . . . . .Negative Declaration posted July 25, 1995 1 0000'79 B. ANALYSIS• On March 14, 1995, the City Council approved Ordinance No. 284 (and Resolution 11-95) changing the Zoning map on the subject property from Residential Suburban (RS) to Moderate': Density Single Family Residential (RSF-Y) . This amendment to the City' s land use map reduced the minimum lot size of the subject property from two and one-half acres to one acre, and also included the property within the Urban Services Line (USL) in order to provide sewer service. The RSF-Y zone allows for one acre lots with sewer and one and one-half acre lots when sewer is not available. These minimum lot sizes are gross acreage. As mentioned above, the General Plan Amendment included the site within the Urban Services Line for sewer service. The issues of an appropriate City land use pattern and neighborhood compatibility in light of one acre parcels was largely discussed during the General Plan amendment. The site' s historical annexation into the sewer district, the completion of the half road cul-de-sac with the adjacent subdivision, and the number of one acre lots in the area, all point to the suitability of one acre lots with sewer in this location. Thus, the issue before the Planning Commission at this time is basically one of zoning requirements and subdivision design. . The offer of dedication and road construction will supplement the existing offer and road constructed for the adjacent County subdivision in 1976, resulting in a City standard local road and Cul-de-Sac. No flag lots would be created - all lots (new and existing) would have direct access to the new public street'. Improvements to El Camino Real across the property frontage are also necessary. The City' s Road Standards take into account emergency access, and with the installation of one fire hydrant at the end of the Cul-de-Sac, the tract map layout meets the requirements of the Fire Department. The fundamental considerations in subdivision design are contained in Chapter 8 of the Subdivision Ordinance (Section 11- 8. 101) as follows: "The layout of streets and lots within a subdivision shall be consistent with the densities and types of uses authorized by the General Plan, specific plans, and zoning. The subdivision design shall also recognize the physical conditions of the site, such as slope soil types, and adjacent land use, which may further limit uses of the property. The subdivider must simultaneously consider such factors as terrain, solar exposure, development objectives, and options available under these regulations in order to design a subdivision which best meets the needs of those who will occupy it as well as the community as a whole. " i 2 000080 The proposed subdivision does recognize the site conditions and • the characteristics of surrounding properties. As contained in Attachment E, the applicant did evaluate alternative lot and street layouts. Staff agrees that the best option has been selected. While, proposed lots #4 and #5 exceed the 3: 1 depth to width criterium, their shape and street frontage would prevent a deep lot subdivision, even if the area were rezoned to allow one- half acre lots in the future. CONCLUSIONS• The project is consistent with the City' s General Plan and, with conditions of approval recommended herein, satisfies applicable Zoning/Subdivision requirements. Upon review of the site and its surroundings, staff has found no indication that potentially significant environmental effects could result from project approval and has found the project consistent with the character of the neighborhood in which it is located. ATTACHMENTS: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (Zoning) Attachment C -- Tentative Tract Map Attachment D -- Prelim. Grading/Drainage Plan Attachment E -- Alternative Designs Attachment F -- Negative Declaration Attachment G -- Findings for Approval Attachment H -- Conditions of Approval 3 000081 e e e ,va Qoe 9pO' OR PTA 1,qg o ffsit ��� � 0� � —l� � e�slier- Mir ■1 y ,ter �►�JL. ATTACHMENT B CITY OF ATASCADERO ZONING MAP COMMUNITY DEVELOPMENT TTM 95002 DEPARTMENT z Z — o !` a a ' \ N 7 \v AVE W cll AMAi\(a0N > > > / p !! O R ° � ! ATfT S r A14Q ANQUIIIA�I I & , OST' ►ve ILLA C�AYt,C� r j MINO CN c , 5 hwy i ROAp I j , ! \ W / I RO t h/ tia A ^ VENAO °A° — M I f i ARiCOP ? . r r r 1 0 00 ATTACHMENT C CITY OF ATA5CADERO TTM 95002 TENTATIVE MAP R m t n COMMUNITY DEVELOPMENT DEPARTMENT 12/8W OW 'IL 101 •�� �� Int All .1� ° q o� sc d b 9 0`) t; tk7S i D F b8� W itE F N fib r r` OJ t7 d6 -tl 4 CL p y or w N �„ SSS �'` - � q: es: a Hill d a OV ♦ ti �� «7t dL 1 i • T W � za o l3 000084 ATTACHMENT D TTM 95002 CITY OF ATASCADERO ' GRADING/DRAINAGE PLAN COMMUNITY DEVELOPMENT . DEPARTMENT _ <_ \ \ - � ! /J »! : 22 � . j / q < Z= / / l, § � Li � �/! &| pew q % [ 14Tl % | § \� . � f \ / . ■ § ( � � • | !�� _ § � . K ■ �z 2 . \ \ } cli § w / \to _! ■. . _ | s ■x| ! | §|� /�/ § §■ K |�� | � k ( ' %% i � - ' _— ��---- ` =�t�� � yJ � Ay � _ J . . 000085 ATTACHMENT E TTM 95002 TENTATIVE TRACT 2198 - ADDITIONAL INFORMATION A number of alternatives for subdivision of the project property were considered. Those options are described in the following paragraphs. One alternative considered proposed that the access to the new lots be created along the northwest property line rather than the southeast line as shown on the,tentative map. Access along this property line follows the terrain more naturally. A cul-de-sac shared between the project property and the 5-acre lot adjacent to the north could be proposed at a length sufficient to serve all five lots directly. The adjacent property, however, is currently in the RS zone and is not included within the Urban Services Line and cannot be provided with sewer service. Therefore, while the subdivision layout seemed logical in terms of terrain, it did not appear likely that the adjacent property would be able to subdivide and complete the shared cul-de-sac in the foreseeable future. We also considered extending the existing cul-de-sac so that all five lots were square to the street and all had direct public road access. This alternative would require the applicant to obtain road right-of-way from neighboring properties and would affect existing homes and other improvements. Various lot line configurations involving maintaining and improving the existing cul-de-sac were explored. The proposed tentative map is the one alternative that does not create any flag lots or shared easements. Lots 4 and 5 of the proposed map are deeper than the • allowable 3:1, however, their shape and likely building areas would inhibit if not totally preclude future subdivision should the properties be rezoned to half acre lots. The one- acre lots as proposed, once fully developed with homes, will have limited area for access to a second home site. 000086 ATTACHMENT F TTM 95002 CITY OF ATASCADERO ENVIRONMENTAL COORDINATOR try tll� NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805)461-5035 APPLICANT: 507C _<Ati' 3-12-z 5z-0 f C �4 .3 Li of PROJECT TITLE: -r_Fit,'t-A f 1 v r r -)c t m/A P Seg' 2— PROJECT LOCATION: 35 -S!5 EL c int iA1 G /Z1=.� PROJECT DESCRIPTION: S✓6 P,v l,5 nc A) o c 4 5 -7y FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but comulattvely considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERBUNATION: - Based on the above findings, and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department). it has been determined that the above project will not have an adverse impact on the environment +Ieruy Engen 5-t-Fu T D-c-'�4M P, C 1 fy E-eMM-.-4+y Dei rtaent D&eeter Date Posted: -7 /Z S/'-7.5 Date Adopted: 000087 ATTACHMENT G - Findings for Approval Tentative Tract Map #95002 3555 El Camino Real (Shannon/Cannon) August 15, 1995 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS• 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental- damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems. 000088. ATTACHMENT H -- Conditions of Approval Tentative Tract Map #95002 3555 El Camino Real (Shannon/Cannon) August 15, 1995 CONDITIONS OF APPROVAL: Fire Department Conditions 1. Prior to the recordation of the Parcel Map, a new fire hydrant shall be installed in the Cul-de-Sac portion of the new street as shown on the Tentative Map. The precise type and location of said fire hydrant shall be as approved by the Fire Marshall and City Engineer. Engineering Division Conditions 2. All improvements shall be constructed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 3. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the map, all outstanding Plan Check/Inspection fees shall be paid. is 4. An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. 5. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all work done is in accordance with the plans and the preliminary report. A separate document shall be recorded in conjunction with the final map stating that a soils report has been prepared. The document shall state the date of the report along with the names and addresses of . the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created lots. 6. All improvements within the right-of-way shall be covered with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% 1 000089 Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer' s estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices. The Guarantees posted for this project shall be approved by the City Attorney. 7 . A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to all street frontages. 8. All existing and proposed utility, pipeline, open space, scenic or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 9. The relocation and/or alteration of existing utilities shall be the responsibility of the developer. 10. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 11. Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface as required by the City Engineer. 12. Drainage facilities shall be constructed to City of Atascadero Standards. Each improvement shall be designed so as to not increase the rate of flow of water onto adjacent properties. Drainage shall cross lot lines only where a private drainage easement has been provided. Drainage from off-site areas shall be conveyed across the project site in private drainage easement. 13. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the recordation of the final map. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 14. A sedimentation/erosion control plan addressing interim erosion control measures to be used during construction shall be submitted for review and approval by the City Engineer prior to the recording of the final map. The sedimentation/erosion control plan shall be prepared by a registered civil engineer. 2 000090 15. Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the Is City Engineer prior to recordation of the final map. Road improvement plans shall conform to the requirements of the City Standard specifications, Section 2-Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: a. E1 Camino Real shall be improved from centerline to the property frontage in conformance with city Standard 407 (Arterial) contiguous to the entire property frontage, or as approved by the City Engineer. The improvements shall exclude construction of the raised median. The improvements may require the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. b. The on-site street shall fully improved to City Std 401 (Rural Local, Type B) . C. A 25 ' offer of dedication shall be provided for the on- site street. The offer of dedication shall be in addition to the existing 25' offer of dedication per CO-76-411. The offer of dedication shall be recorded prior to, or in conjunction with, the recordation• of the final map. d. The on-site street cul-de-sac shall be fully improved to City Standard 415 .(Typical Cul-de-Sac, urban), e. Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut or fill slopes. 16. All property corners shall be monumented for construction control and shall be promptly replaced if disturbed. All final property corners and street monuments shall be installed, or bonded for, prior to acceptance of the improvements. 17. A black line clear Mylar (0.4 mil) copy and a blue line print of the tract map shall be provided to the City upon recordation. 3 000091 18. A Mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans shall be provided to the City Engineer prior to the final inspection. A certification shall be included that all survey monuments have been set as shown on the tract map. 19 . A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the city Engineer for approval. A recently updated title report shall be submitted for review in conjunction with filing the final map. 20. The applicant shall acquire title or interest in any off- site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress if affected by these improvements. 21. All. work shall be completed, or bonded, prior to recordation of the final map. The applicant shall enter into a Subdivision Agreement with the City if the work if to be bonded. The Subdivision Agreement shall be submitted for review and approval by the City Attorney and the City Engineer. The Subdivision Agreement shall be recorded in . conjunction with, the final map. 22. Sewer annexation fees shall be paid prior to the recordation of the final map. Planning Division Conditions 23. A street name in conformance with the City' s street naming policies shall be reviewed by the Community Development Department, as well as the public safety departments, and shall be shown on the final map. 24. This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. 4 000092 REVISED CONDITIONS OF APPROVAL ATTACHMENT H -- Conditions of Approval Tentative Tract Map #95002 3555 El Camino Real (Shannon/Cannon) August 15, 1995 Revised by the Planning Commission August 15, 1995 CONDITIONS OF APPROVAL: Fire Department Conditions 1. Prior to the recordation of the Parcel Map, a new fire hydrant shall be installed in the Cul-de-Sac portion of the new street as shown on the Tentative Map. The precise type and location of said fire hydrant shall be as approved by the Fire Marshall and City Engineer. Engineering Division Conditions 2. All improvements shall be constructed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 3. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the map, all outstanding Plan Check/Inspection fees shall be paid. 4. An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. 5. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all work done is in accordance with the plans and the preliminary report. A separate document shall be recorded in conjunction with the final map stating that a soils report has been prepared. The document shall state the date of the report along with the names and addresses of the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created lots. 6. All improvements within the right-of-way shall be covered with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other 1 1)00093 guarantees mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the 10 improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer' s estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices. The Guarantees posted for this project shall be approved by the City Attorney. 7. A six (6 ) foot Public Utility Easement (PUE) shall be provided contiguous to all street frontages. 8. All existing and proposed utility, pipeline, open space, scenic or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 9. The relocation and/or alteration of existing utilities shall be the responsibility of the developer. 10. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. ' Utilities shall be extended to the property line frontage of each lot or its public utility easement. 11. Any utility trenching in existing streets shall be overlayed • to restore a smooth riding surface as required by the City Engineer. 12. Drainage facilities shall be constructed to City of Atascadero Standards. Each improvement shall be designed so as to not increase the rate of flow of water onto adjacent properties. Drainage shall cross lot lines only where a private drainage easement has been provided. Drainage from off-site areas shall be conveyed across the project site in private drainage easement. 13. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the recordation of the final map. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 14. A sedimentation/erosion control plan addressing interim erosion control measures to be used during construction shall be submitted for review and approval by the City Engineer prior to the recording of the final map. The sedimentation/erosion control plan shall be prepared by a registered civil engineer. 2 000094 15. Road improvement plans prepared by a registered civil . engineer shall be submitted for review and approval by the City Engineer prior to recordation of the final map. Road improvement plans shall conform to the requirements of the City Standard specifications, Section 2-Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: a. E1 Camino Real shall be improved from centerline to the property frontage in conformance with city Standard 407 (Arterial) contiguous to the entire property frontage, or as approved by the City Engineer. The improvements shall exclude construction of the raised median. The improvements may require the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. b. The on-site street shall fully improved to City Std 401 (Rural Local, Type B) . C. A 25' offer of dedication shall be provided for the on- site street. The offer of dedication shall be in addition to the existing 25' offer of dedication per CO-76-411. The offer of dedication shall be recorded prior to, or in conjunction with, the recordation of the final map. d. The on-site street cul-de-sac shall be fully improved to City Standard 415 (Typical Cul-de-Sac, aFban rural), as approved by the Fire Marshal. e. Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut or fill slopes. 16. All property corners shall be monumented for construction control and shall be promptly replaced if disturbed. All final property corners and street monuments shall be installed, or bonded for, prior to acceptance of the improvements. 17. A black line clear Mylar (0.4 mil) copy and a blue line print of the tract map shall be provided to the City upon recordation. 3 000095 18. A Mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans shall be provided to the City Engineer prior to the final inspection. A certification shall be included that all survey monuments have been set as shown on the tract map. 19 . A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the city Engineer for approval. A recently updated title report shall be submitted for review in conjunction with filing the final map. 20. The applicant shall acquire title or interest in any off- site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress if affected by these improvements. 21. All work shall be completed, or bonded, prior to recordation of the final map. The applicant shall enter into a Subdivision Agreement with the City if the work if to be bonded. The Subdivision Agreement shall be submitted for review and approval by the City Attorney and the City Engineer. The Subdivision Agreement shall be recorded •in conjunction with, the final map. 22. Sewer annexation fees shall be paid prior to the recordation of the final map. Planning Division Conditions 23. A street name in conformance with the City' s street naming policies shall be reviewed by the Community Development Department, as well as the public safety departments, and shall be shown on the final map. 24. This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. • 4 000096 MINUTES EXCERPTS CITY OF ATASCADERO PLANNING COMMISSION 8/15/95 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 1. TENTATIVE TRACT MAP #95002: Application filed by Richard Shannon (Cannon Associates) for the division of one 5 .24 acre parcel into five (5) parcels of one acre each for single-family residential use. Subject site is located at 3555 El Camino Real. STAFF RECOMMENDATION: The Planning Commission should: 1 . Find that the Negative Declaration prepared for the project is adequate under the requirements of California' s Environmental Quality Act (CEQA) and; 2 . Approve the Tentative Tract Map #95002 based on the Findings for Approval contained in Attachment G and the Conditions of Approval contained in Attachment H. TESTIMONY: John Falkenstein, of Cannon Associates, expressed the applicant' s concerns regarding the Conditions of Approval. Concerns: 1) Concrete curb, gutter and sidewalks along E1 Camino Real (15a) ; 2) Urban vs . Rural standard for culdesacs (15 .d. ) . Mr. Falkenstein also expressed some concerns about depositing funds in an account for later use. His concerns were how much initial money would be required, plus contingencies and inflation factors which could be prohibitive. Richard Shannon, 5070 San Benito, indicated that he could do the work himself for less than the City can do it. So, he would prefer to do the work now, even though he doesn' t feel it is appropriate right now. He expressed that the widening of E1 Camino Real should be sufficient right now. Rush Kolmeine, P. 0. Box 1990, spoke regarding the idea of depositing funds for future road improvements and possible flooding. As long as the road improvements are done at some point, he generally supported the project. Richard Hart, 3450 E1 Camino Real, (owner of Chapel of the Roses) . Expressed concern about residential zoning being in such proximity to commercial zoning because of the noise that already affects his business. (Page 3 of 5) . 00009'7 Planning Commission Meeting -- August 15; 1995 • ACTION: 1 . Find that the Negative Declaration prepared for the project is adequate under the requirements of California' s Environmental Quality Act (CEQA) and; Motion: Wallace Second: Bonnema AYES: Wallace, Bonnema, Bowen, Edwards NOES: None ABSENT: Johnson, Messer 2 . Approve the Tentative Tract Map #95002 based on the Findings for Approval contained in Attachment G and the Conditions of Approval contained in Attachment H as modified. Motion: Wallace Second: Bonnema AYES: Wallace, Bonnema, Bowen, Edwards NOES: None ABSENT: Johnson, Messer (Page 4 of 5) 000098 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 From: Andrew J. Takata, City Manager Meeting Date: 9/26/95 SUBJECT: Request from Friends of the Library to name the expanded library and the adjoining new children's wing after major donors RECOMMENDATION: Endorse the request of the Friends of the Library. BACKGROUND: Attached, you will find a Fetter from Sarah Gronstrand, President of the Friends of the Library, in which they are requesting support from the City Council to name the expanded library The Martin Polin Library and the children's wing of the expanded library The Gordon T. and Beatrice Davis Children's Library. As you are aware, this library is operated by the county. Attached is a request from Brian Reynolds, Library Director, to Duane Leib, Director of General Services concerning what steps might be necessary to accomplish the desired naming. Recently, the City Council adopted a policy regarding the naming of public facilities after individuals. Section D of the policy states that a "public building, park or other city facility should not be named after a person, unless one or more of the following exceptions apply: 1) The facility was acquired by means of a substantial gift or donation of funds by an individual, family or corporation. Consent of the donor for naming the facility will be required. ..." This exception would allow for Council approval of the naming of the library expansion and children's wing in accordance with the Friends' request, as it would be in compliance with the City's adopted requirements. AJT:cw 000099 Friends of the Library of Atascadero Aub 14M ■' P.O. Box 561 Atascadero, CA 93423 CITY OF ATASCADERD 1 8 19 a CITY CLERK'S OFFICE UA_JD �/ C August 14, 1995 Mr. Andy Takata , City i-lana ;er 6500 Palma Ave. Atescadero, Ca. 92422 Dear Mr. 'Takata: We, members of the Atascadero Friends of the Library Board, are asking the Council Members to join us in honoring our most valued library supporters. lair. urian Reynolds, County Library Director, sent you a copy of our letter to him de— tailing our reasons for the request. As we stated in our letter to Mr. Reynolds, we wish to honor Pyr. Martin Polin by naming the expanded library "THE MARTIN POLIIr LIBRARY IN A'nL`SCADERO. " °lie wish to honor Mr. and Pers. Gordon T. Davi's____b__y_ having the Children ' s being of the expanded library named "GORDON M AND BEATRICE-DAVIS CHILDREN 'S LIBRARY. " We believe the Council Members will agree that this is a timely and appropriate gesture. Sine ly Yours, arch Gronstrand, President i 000100 San Luis Obispo City-County Library �. p y y Liby P.O. Box 8107, San Luis Obispo, CA 93403-8107 995 Palm Street (805) 781-5991 Library Administration (805) 781-5784 3 August 1995 RECEIVED Duane Leib Director, General Services Dept . Court House Dear Duane: ATASCADERO CITY MANAGER Some time ago the Friends of the Atascadero Library asked me if they could: 1) honor Martin Polin by naming the new, expanded facility after him in honor of the monetary support he has given; and 2) name the new Children' s "wing" in the new facility after the Davis family. I told Sarah Gronstrand, President of the Friends, that I was not opposed to the idea. I also asked Sarah to contact Mr. Polin and Mr. /Mrs . Davis for their permission. Those permissions are enclosed. I then told Sarah that I would send you a request to see what steps might be taken to accomplish this . At about the time this all developed I talked with George Rosenberger to see what he thought/was there a precedent, etc. He said some "naming" had been done in County parks and with the Paddock Zoo . Please research the steps needed to move forward on this project and advise me what I should do next . I am assuming that there will be no opposition from the Board of Supervisors and/or the community-at-large in Atascadero but I certainly don' t know that to be the case . That is one reason I am copying this letter to Supervisor Blakely--in an attempt to cover the bases . Please feel free to delegate this task to someone in your Department with whom I can work. I look forward to hearing from you soon. Thanks ! Sincerely, 7 J � &r an A. ty , 1Jno � Library Direct'Q�f cc: Honorable David Blakely Supervisor, District 5 enclosures UUUlUl f Gordon T. DnuiS P.O 6OX 2400 ATASCAOERO CALIFORNIA 93423 TE_EPHONE 18051 466-2665 X�w 12 t � II // IvV /j 1 � L' 0001()2 s�99� . July 25, 19915 • '�- Dear Brian, ' I am sorry about the delay. As I told You, Martin Polin phoned from Australia- to tell me how pleased he is to have the library named in his honor. Fie is send- ing a note to this effect. Beatrice Davis phoned to expresti her pleasure in having the Children ' s Wing named in their honor I do Nave her letter. P. ;. thought you'd li<<e to know that "'The Library Book Fund" received ;$680.00 so tar. ©Hmk.Us. 000104 Friends of the Library of Ataseadero P.O. Box 561 9 s Atascadero, CA 93423 xais � a July 10, 1995 Dear Brian, We, the Atascadero Friends of. the Library Board, wish to suggest a way to honor our most valued supporters. In 1983 attorney Martin Polin who maintains offices in San Luis Obispo but is a resident of Tasmania, Australia, donated a lot to the city of Atascadero, specifying that it be used as a building site for a new library. At the time of the donation Mr. Polin' s accountant told us that Mr. Polin read about the Friends efforts to fund a library. He decided to help because he considered libraries very important. Had Mr. Polin not donated the land we think that our library would not have been built when it was. The then Supervisor Jeff Jorgensen used the gift of land as a reason for the Board of Supervisors to establish a $200,000 building fund for a library in Atascadero. The city of Atascadero received $140, 000 credit for the lot towards the 50-50 matching funds required. Mr. Polin attended the dedication of the library in 1988 and sent a check for $300.00. We kept in touch with Mr. Polin primarily through our newsletters. Perhaps it was a coincidence that in October 1993, following the September newsletter in which we wrote about the need to expand our library, Mr. Polin offered the County a lot on Morro Road. Mr. Polin's accountant told us that Mr. Polin specified that the lot be used for the Atascadero Library. The lot appraised at $300,000 initiated the much needed plans for the library expansion. 000105 Page 2 Atascadero Friends . Mr. Polin' s gifts were important not only in making a library in Atascadero possible but in enriching the lives of the many people who use the library facilities. We hope you will agree that it is most appropriate for all of us to honor Mr. Polin for his generosity by naming the expanded library "THE MARTIN POLIN LIBRARY IN ATASCADERO. " Mr. and Mrs. Gordon T. and Beatrice Davis became involved with the Atascadero Friends of the Library in the early eighties when we started serious fund raising. Their first gift was for $5,000.00. This was followed by many other gifts, the largest of which, $100, 000, was given to the Friends in July 1989 with the stipulation that these funds be used to build a Children's Wing when the expansion of the Atascadero library takes place. The original sum, of $100,000 has now grown to more than $195,000. Mr. and Mrs. Davis have continued to be staunch supporters of the library, contributing to our many fund raisers. The idea of a Children' s Wing, very popular with our patrons, was not a possibility until we received Mr. and Mrs. Davis ' s gift of $100,000 . As in the case of Mr. Polin, Mr. and Mrs. Davis have been wonderful supporters of our library. We do hope that they will be honored by having the Children's Wing of the expanded library named "GORDON T. AND BEATRICE DAVIS CHILDREN'S LIBRARY" . Sincerely, Sarah Gronstrand, President 000106 Agenda Item: C-2 Meeting Date: 9/26/95 * NOTICE: THE STAFF REPORT F THIS M WAS NOT AVAILABLE AT THE TIME OF DA PREPARATION, PENDING RECEIPT OF THE S EC REEMENTS FROM THE NATURAL RESOU CONSERVA N SERVICE IN SACRAMENTO,A ILL BE DISTRIBUTED S ATELY. 00010'7 f REPORT TO CITY COUNCIL AGENDA ITEM: C CITY OF ATASCADERO DATE: 09-26-95 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director Department of Community Services SUBJECT: AUTHORIZATION OF AGREEMENTS WITH USDA NATURAL RESOURCES CONSERVATION SERVICE FOR CITY SPONSORSHIP OF EMERGENCY WATERSHED PROTECTION PROJECTS RECOMMENDATION• It is recommended by Staff that the City Council approve Resolution No. 92-95 - Authorizing a Project Agreement for the Curvado Circle Homes Emergency Watershed Protection (EWP) Project. It is further recommended that the City Council approve Resolution No. 93-95 - Authorizing the City Manager and City Attorney to execute a similar agreement for the Atascadero Mutual Water Company Well Protection Project as soon as it is received from the USDA Natural • Resources Conservation Service. BACKGROUND: At the City Council meeting of July 25, 1995, the City Council gave conceptual approval for City sponsorship of three USDA Emergency Watershed Protection Projects known as: 1) Curvado Circle Homes Protection; 2) Atascadero Mutual Water Company Well Protection; and 3) Carmelita Avenue Homes Protection. Staff has since obtained the necessary land rights and real property assurances necessary to proceed with the Curvado Circle Project and the Atascadero Mutual Water Company Project. The Agreement relating to the Curvado Circle Project is attached and is ready for City Council approval. The Agreement for the Atascadero Mutual Water Company Project is forthcoming from USDA, and Staff is requesting authorization from the City Council':for the City Manager and City Attorney to approve it without waiting to bring it back for action at a future Council meeting. The Grants have been approved by USDA to pay for 75% of the construction for correcting the hazardous situations at each project site. The City has commitments that the affected property owners will bear the costs of the required 25% match requirement. Exact project costs will not be known until the projects are bid. Property owners have agreed to sign agreements prior to public bid of the projects committing to providing the stipulated match requirements. • T Staff has applied for the necessary permits for the EWP projects. Public bid on the projects will . begin as soon as possible by the Natural Resources Conservation Service under Federal guidelines. C:\CrrYCOUN\SEP2695.RPT • • r . RESOLUTION NUMBER 92-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE TO OBTAIN GRANT FUNDING FOR THE CURVADO CIRCLE HOMES EMERGENCY WATERSHED PROTECTION PROJECT The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with the United States Department of Agriculture Natural Resources Conservation Service for City Sponsorship of the Curvado Circle Homes Protection EWP Project. 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the 26th of September , 1995. ATTEST: CITY OF ATASCAD'ERO LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney C:RESOL92.95 • RESOLUTION NUMBER 93-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE TO OBTAIN GRANT FUNDING FOR THE ATASCADERO MUTUAL WATER COMPANY WELL PROTECTION PROJECT The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with the United States Department of Agriculture Natural Resources Conservation Service for City Sponsorship of the Atascadero Mutual Water Company Well Protection EWP Project. 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the 26th of September , 1995. ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney C:RESOL93.95 t STATE: California EWP PROJECT: Curvado Circle Homes Protection, DSR 01-95-2705 • UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT - FEDERAL CONTRACT THIS AGREEMENT is between the City of Atascadero, called the Sponsor, and the Natural Resources Conservation Service, United States Department of Agriculture, called the Service. NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and the Service do hereby agree as follows: A. It is agreed that the following described work is to be performed at an estimated cost of $30, 300. 00. Stabilizing an erosive hillside located off Curvado Circle in the City of Atascadero, San Luis Obispo County, California. B. The Sponsor will: 1. Administer their actions under this agreement, in accordance with 7 CFR 3015, OMB Circulars A-102 , A-87, A-128, and other • rules referenced in 7 CFR 3015. 2 . Provide 25 percent of the cost of performing the works of restoration described in Section A. This cost is estimated to be $7 , 575. 00. 3 . Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in obtaining, adequate land and water rights, permits and licenses needed for the works of restoration described in Section A. 4 . Designate an individual to serve as liaison between the Sponsor and the Service, with authority and responsibility for reviewing and approving changes in the work described in Section A. Furnish such information in writing to the State Administrative Officer. 5. Review and approve the plan for the work described in Section A. 6 . Provide certification (sign SCS-ADS-78) that real property rights have been obtained for installation of, planned measures. • 7 . Upon acceptance of the work by the Service from the Contractor, assume responsibility for operation and maintenance. { C Page 2 of 4 . 8 . Comply with the special provisions contained in Attachment A to this agreement. 9 . Upon completion of emergency protection measures and the elimination of the threat, the Sponsor will take action, if needed, to bring the measures up to reasonable standards by other means and/or authority. Unless the measures are brought up to reasonable standards, the Sponsor will not be eligible for future fundings under the emergency watershed protection program. C. The Service will: 1. Provide 75 percent of the cost of performing the works of restoration described in Section A. This cost to the Service is estimated to be $22 , 725. 00. 2 . Contract for the performance of the works of restoration described in Section A in accordance with Federal Acquisition Regulations. 3 . Make changes in the work described in Section A as mutually agreed upon with the Sponsor, and modify the contract accordingly. 4 . Provide authorized technical services, including but not limited to obtaining basic information; preparation of • contracts, drawings, designs, and specifications; contract administration; and quality control during installation. 5. Arrange for and conduct final inspection of the completed works of restoration with the Sponsor to determine whether all work has been performed in accordance with contractual requirements. Accept work from Contractor and notify the Sponsor of acceptance; and turn over the accepted works to the Sponsor. D. It is mutually agreed: 1. No Member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 2 . In the event of default, any additional funds required to ensure completion of the job will be provided in the same ratio as construction funds are contributed by the parties under the terms of this agreement; and any excess costs collected from the defaulting contractor or their surety are to be prorated between the Sponsor and the Service under the same ratio as construction funds are contributed under the • terms of this agreement. t Page 3 of 4 3 . Additional funds, properly allocable as construction costs as determined by the Service, required as the result of a contractor's claim are to be provided in the same ratio as construction funds are contributed under the terms of this agreement. 4 . The furnishing of financial and other assistance by the Service is contingent on the availability of funds appropriated by Congress from which payment may be made and shall not obligate the Service upon failure of the Congress to so appropriate. 5. The Service may terminate this agreement in whole or in part if it determines that the Sponsor has failed to comply with any of the conditions of this agreement. The Service shall promptly notify the Sponsor in writing of the termination and reasons for the termination, together with the effective date. Payments made by or recoveries made by the Service under this termination shall be in accord with the legal rights and liabilities of the Service and the Sponsor. 6. This agreement may be temporarily suspended by the Service if it determines that corrective action by the Sponsor is needed to meet the provisions of this agreement. Further, the Service may suspend this agreement when it is evident that a termination is pending. 7 . Activities conducted under this agreement will be in compliance with the nondiscrimination provisions as contained in Titles VI and VII of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987 (Public Law 100-259) and other nondiscrimination statutes, namely Section 504 of the Rehabilitation Act of 1973 , Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and in accordance with regulations of the Secretary of Agriculture (7 CFR-15, Subparts A and B) which provide that no person in the United States shall, on the grounds of race, color, national origin, age, sex, religion, marital status, or handicap/disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial and/or technical assistance from the Department of Agriculture or any agency thereof. • Page 4 of 4 • 8 . This agreement is effective the date it is fully executed. CITY OF ATASCADERO This action authorized at an official meeting of the Sponsor on the BY: day of , 1995, at , TITLE: California DATE: (Attest Signature) UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE BY: TITLE: Contracting Officer DATE: • AUTHORITY: Public Law 95-334 ATTACHMENT: Special Provisions, Attachment A i • ATTACHMENT A - SPECIAL PROVISIONS` The signatories agree to comply with the following special provisions which are hereby attached to this agreement . I . Drug-Free Workplace By signing this agreement, the sponsors are providing the certification set out below. If it is later determined that the sponsors knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the Service, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act . Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act ( 21 U.S .C. 812 ) and as further defined by regulation ( 21 CFR 1308 . 11 through 1308 . 15 ) ; Conviction means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal druq statute means a Federal or non-Federal criminal • statute involving the manufacturing, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: ( i) All direct charge employees ; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, ( iii ) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee ' s payroll . This definition does not include workers not on the payroll of the grantee (e.g. , volunteers , even if used to meet a matching requirements; consultants or independent contractors not on the grantees ' payroll; or employees of subrecipients or subcontractors in covered workplaces) . Certification: A. The sponsors certify that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee ' s workplace and specifying the actions that will be taken against employees for violation of such prohibition; i (b) Establishing an ongoing drug-free awareness program to inform employees about-- ( 1 ) The danger of drug abuse in the workplace; ( 2 ) The grantee ' s policy of maintaining a drug-free workplace; ( 3 ) Any available drug counseling, rehabilitation, and employee assistance programs ; and (4 ) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c ) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a) ; (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- ( 1 ) Abide by the terms of the statement; and (2 ) Notifying the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such a conviction; • (e) Notifying the Service in writing, within ten calendar days after receiving notice under paragraph (d) (2 ) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices . Notice shall include the identification number(s ) of each affected grant; ( f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d) (2 ) , with respect to any employee who is so convicted -- ( 1 ) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 , as amended; or (2 ) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; i (g ) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a) , (b) , (c) , (d) , (e ) and ( f ) . (h) Agencies shall keep the original of all disclosure reports in the official files of the agency. B . The sponsors may provide a list of the site (s ) for the performance of work done in connection with a specific project or other agreement. II. Certification Regardinq Lobbying (7 CFR 3018)_ (Applicable if this agreement exceeds $100,000) - The sponsors certify to the best of their knowledge and belief, that: ( 1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the sponsors , to any person for influencing or attempting to influence an officer or employee of an agency, Member of Congress , and officer or employer of Congress , or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal , amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2 ) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress , in connection with this Federal contract, grant,. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions . ( 3 ) The sponsors shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts , subgrants, and contracts under grants , loans , and cooperative agreements ) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31 , U . S . Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100 , 000 for each such failure. III . Certification Regarding Debarment, Suspension, and other Responsibility Matters - Primary Covered Transactions, (7 CFR 3017? ( 1 ) The sponsors certify to the best of its knowledge and belief, that it and its principals : (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records , making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local ) with commission of any of the offenses enumerated in paragraph ( 1 ) (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal has one or more public transactions (Federal, State or local) terminated for cause or default. ( 2 ) Where the primary sponsor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. IV. Clean Air and Water Certification (Applicable if this agreement exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S .C. 1857c-8(c) ( 1 ) or the Federal Water Pollution Control Act (33 U. S.C. 1319 (c) ) and is listed by EPA, or is not otherwise exempt. ) The project sponsoring organization(s ) signatory to this agreement certifies as follows : (a) Any facility to be utilized in the performance of this proposed agreement is , is not , listed on the Environmental Protection Agency List of Violating Facilities . (b) To promptly notify the State Administrative Officer prior to the signing of this agreement • by SCS, of the receipt of any communication from the Director, Office of Federal Activities, U . S . Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of the agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities . (c ) To include substantially this certification, including this subparagraph (c) , in every nonexempt subagreement. CLEAN AIR AND WATER CLAUSE (Applicable only if the agreement exceeds $100, 000, or a facility to be used has been the subject of a conviction under the Clean Air Act ( 42 U . S .C. 1857c-8(c) ( 1 ) or the Federal Water Pollution Control Act ( 33 U . S .C . ( 1319 (c) ) and is listed by EPA or the agreement is not otherwise exempt. ) A. The project sponsoring organization(s ) signatory to this agreement agrees as follows : ( 1 ) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, • et seq. , as amended by Public Law 91-604 ) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq. , as amended by Public Law 92-500) , respectively, relating to inspection, monitoring, entry, reports, and information, as - well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the signing of this agreement by SCS . (2 ) That no portion of the work required by this agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this agreement was signed by SCS unless and until the EPA eliminates the name of such facility or facilities from such listing. ( 3 ) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. ( 4 ) To insert the substance of the provisions of this clause in any nonexempt subagreement, including • this subparagraph A. (4 ) . B. The terms used in this clause have the following meanings : ( 1 ) The term "Air Act" means the Clean Air Act, as amended (42 U.S .C. 1857 et seq. , as amended by Public Law 91-604 ) . ( 2 ) The term "Water Act" means Federal Water Pollution Control Act, as amended ( 33 U.S .C. 1251 et seq. , as amended by Public Law 92-500 ) . ( 3 ) The term "clean air standards" means any enforceable rules, regulations , guidelines, standards , limitations, orders , controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110 (d) of the Clean Air Act (42 U.S.C. 1857c-5 (d) ) , and approved implementation procedure or plan under section 111 (c) or section 111(d) , respectively, of the Air Act ( 42 U. S .C. 1857c-6 (c) or (d) ) , or an approved implementation procedure under section 112 (d) of the Air Act (42 U.S.C. • 1857c-7 (d) ) . (4 ) The term "clean water standards" means any enforceable limitation, control, condition, prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342 ) , or by a local government to ensure compliance with pertreatment regulations as required by section 307 of the Water Act (3 U. S .C. 1317 ) . ( 5 ) The term "compliance" means compliance with clean air or water standards . Compliance shall also mean compliance with the scheduled or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or any air or water pollution control issued pursuant thereto. • ( 6 ) The term " facility" means any building, plant, installation, structure, mine, vessel or other • floating craft, location or site of operations , owned leased, or supervised by a sponsor, to be utilized in the performance of an agreement or subagreement. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities , Environmental Protection Agency, determines that independent facilities are collocated in one geographical area. V. Assurances and Compliance As a condition of the grant or cooperative agreement, the recipient assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws , regulations , Executive Orders and other generally applicable requirements ,,tnr�O. � including those set out in 7 CFR 3015, 3016, 3017 and 3018 which hereby are incorporated in this agreement by reference, and such other statutory provisions as are specifically set forth herein. VI . Examination of Records Give the Service or the Comptroller General, through any authorized • representative, access to and the right to examine all records, books , papers , or documents related to this agreement. Retain all records related to this agreement for a period of three years after completion of the terms of this agreement in accordance with the applicable OMB Circular. _F1 -17',' -IF AT�� ;-.,A IDER, # United States Natural 2121-C Second Street, Suite 102 Agriculture Conservation (916) 757-820-0 Departrriant of Resources Davis, CA 95616 Service Subja&.,, EWP-Approved Projects Date: June 13, 1995 To, Margy Lindquist,-Aai*.P DC, File Code.- 390 Paso Robles As reque*t.­d for your information, the following EW"r projects have been approved for funding for the amounts indicated. Project/DSR Sponsor Approved funding amount • Curvadfo Circle City of Atascadero $40,000 DSR No. 2705-95-01 Huer Hucro River San Luis Obispo Co $100,000 DSR No. 2705-95-02 Flood Control & WCD Atascadero Creek City of Atascadero $75,000 Carmelita Avenue DSR No. 2705-95-03 San 'Bernardo Creek San Luis Obispo Co. $50,000 DSR No. 2705-95-04 See C .a.ayon Creek San Luis Obispo Co. $32,000 No. 2705-95--05 Flood Control & WCD Atascadero Mutual City of Atascadero $145,000 Water W, oil Prot. DSR.NJ. 2705-95-06 Van Gordun Creek Cambria Community $65,000 Treatment Ponds Serviccs District DSR No. 2705-95-07 Funds are not actually obligated until a signed project agreement is in. place. No work should be stafttd prior to a fully signed projwt agreement. SLP-14-95 THU 10: 18 ATASCADER0 CITY FAX 140. 4617615 P. 08 VJ s CI 'T' Y OF AT .ASCADERO DEPARTMENT of PUBLIC WORDS September 14, 1995 United States Department of Agriculture Soil Conserva�tipn Service 3121-C Second atreht Davis, CA 95616 Subj*Gt: Curvado Cirols Homes Protection DSR 01-95-2705 Gentlomen; X hhve made an examination of the real property instruments and f ilex relating to the land rights ftCgUired for the subJect project. These instruments were found to provide adequate title, right, permi.esi4n and authority for the purpQ56 of which the property was acquired. sincerely, A,rther k. Xont radon, City Attorney • 6500 PALMA AVENUE • ATASCADERO,CA 99422 �a";n:etr.f:�nlPng►neering:(805)461•SU3U w—te .alerirealmegf:(SOS)461.6077 FAX:(805)661.761e V.g.Wp.nn��etotA rtcuttur. Fart bQ4 - Exhibits SCS-ADS-71 Soil Con�cry an Ssrvig# S•It 604, 7 ASSURANCES RELATING TO REAL PROPERTY ACQUISITION A. PURPOSE—This form Is to be used by sponsor(s)to provide the assurances to the Soil Conservation Service of the U.S.Department of Agriculture which b required in connection with the installation of project measures which Involve Federal financial assistance furnished by the Soil Conservation Service. R. PROJECT MEASURES COVERED-- Name of project CURVADO CIRCLE HOME PROTECTION Identity of Improvement or dcvelopmrnt RESTORATION OF HILLSIDE WHICH ERODED Location CURVADO CIRCLR ATASCADFRO. CA C. REAL PROPERTY ACQUISITION ASSURANCE • This assurmcc Is applicable If reap property interests were acquired for the installation of project mck4ures, and/or If persons, businesses, or farm operaliop= were displaced as a t'esuit of Such installation; and this assurance was not previously provided for In the watershed, project measure, or tither type of pian. If this harts Uce was not previbibly provided,the undersigned sponsors)"."hereby assures they have compiled, to the extent practicable under State law.with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Pollcics Act(42 U.S.C.46014655).as Implemented IA 7 C.F.R.Part 21.Any exceptions taken from the real proprtty sagW%Idon requirements under the authorityof 42 U.S.C. 463S because of State law have been or is hereby furnfshed to the Soil Conservation Service along with the opinion of the Chief Legal Officer of the Mate containing a full dfs=lon of the facts and law famished. D. ASSURANCE OF ADEQUACY OF REAL PROPERTY R[OHTS— • The undersigned spomor(a) hereby that adequate y eq real property party tights and Interests, water rights if apDticable,pc::nits and llcenses rcgWred by Federal.State,and local law.ordina6ce or regulation,,and related actions have been taken to obtain the legal right to install,operate,meintt A,and inspect the above-t[mribed project raemures, except for structures or Improvements that ltry to be removed, relocated, modified, or salvaged before and/or during the Installation process, This assurance is given with the knowledge that sponsof(s)are responsible for any excess coats or other const• quenecs In the event the real property rights are found to be Inadequate during the Installation process. Furthermore,this assurance Is supported by as attorney's opinion attached hereto that certifies an examination of aha rest property Instrumen u i files was made and they were found to provide adequate title. right, per- mission and authority for the urpose(s) for which the property was acquired, (398-VI-14rapit. July 1986) 604-15 rare auk - rxniaLC9 + 604.7 jf. @Ay of the resj property rights or intefesu were obtained by condemnation (eminent dornain) proceedings. .sponsor(s) further Usttre and WCc to prOsacuta the proccedlnes to d anal conclusion and pay such damages ss awxrdt� • by the court. CITY OF ATASCADERO This action authorized iN orSpginser) at act official meeting �^ - t— � on Titre: �� � .ti� dstyof . 19 . . Data; .�.. .t�`,►=.�. ..- at State of Attests MW .• ... ;or spoawr�fes' This awon auth*iud at an ofiielat meeting By: - an • .A- iy - Tltja; _: �_. —�.�.� .�. day of Date: at &w of Attest& QMame) . 604 -1. (390-VI-NLWU, .July 1988) SEP-13-85 WED 14:33 ATASCADERO CITY FAX NO, 4617615 P.02 CITY OF ATASCA* DER J DUARThIENT of PUBLIC WORKS Date: l PalRmiT To uNTE$ AMD CONSTRUCT Mr, Stever Sylvoigter, city FrngineaEr City of Ataseadero 6500 Pal-Mi A,VG nue ° Atagoaderr , CA 93422 Dear Mr. lvester t Perm e ssion is hereby granted the city Of Atascaderv, or its authariagent, to Qntor uparn my property located at 4765 curvado A enus in the city of Atascadero, identified aS APN 028- 291-009, or the purpaas of installing erosion control measures. This permission is granted in consideration of the benefits • wh i,oh may accrue to my property. Sincarely Conrad LBILL F. PIPPIN ACCEPTED: s evm�n Sylvan sr, City Sng neer 6500 PALMA A V EN U E • ATASCAD ERQ,CA 93422 AQminit. 11onlHa0lntednml 03) FARC 1005)447-7415 CITY OF ATASCADERO • >►s � !s7 DEPARTMENT of PUBLIC WORKS Date: PERMIT TO ENTER AND CONSTRUCT Mr. Steven Sylvester, City Engineer City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear 'Mr. Sylvester: Permission is hereby granted the City of Atasgadero, or its authorized agent, to enter upon my property located along the Atascadero Creek Channel, upstream from the confluence with the Salinas Raver, for the purpose of installing erosion control measures. This permission is granted in consideration of the benefits which may accrue to my property. sincerely, Atascadero Mutual Water Company 5005 El Camino Real Atascadero, CA 93422 ACCEPTED: Steven J. Sylvester, City Engineer • 6500 PALMA AVENUE • ATASCADERO, CA 93122 Adnilnistration/Engineering:(805)461-5020 lVastewaterTrealment:(805)461-5077 FAX:(805)461-7615 8EP-14-95 THU 10:14 ATASCADER0 CITY FAX N0, 4617615 P. 02 CITY O F ATASCADERO DEPARTMENT of PUBLIC WORKS Septenber 14, 1995 United states Department of Agriculture Soil Conservation service 3121-C Second Street Davis, CA 93616 Subject: Atascaderb Mutual Waiver Company Well protection - DSR 06-95-2705 Gentlemen: • I have made an examination of the real property instruments and files relat4n1j to the land rights acquired for the subject project, These instruments were found to provide adequate title, right, pormiesion and authority for the purpose Of which the property was acquired. Tn addition, the appropriate Fish. & Game permit has been applied for and tentative approval has been received. Sincerely, A4Mr i2. rite don City AttQrney • 6500 PALMA AVENUE • ATASCAQERO,CA 93422 Adju;nmtrationMngineeriag:(805).161.1010 Wactq-a1erTrea1gtettt!(805)453-5077 FAX;1805)361.7613 ` P•n�entil��rieuri„r. Part 604 — Exhibits Sall anotrYetfae w a 604,7 ASSURANCES RELATING TO REAL PROPERTY ACQUISITION A. AU"OSR—•TI&form is to be used by sponsor(s)to provide the auurances to the$4 Cons"ation Service • of the U.S.Department at Agrteutture We%is raqutred In connection with the Installation of project mea;sures which involve Federal Ananeial assistame fwnMwd bar The 9911 CoasMt<tiaa Scf*e. E. PROOCT hUMURM COVERED f Nate ofpeojeot ATASCADERO MUTUAL WATER COMPANY WELL PROTECT2 ON ldcutityofimprovmentordeyflopmmt t,L510EA�40N nF CREEK Location ATASCADERO CREEK UPSTREAM OF SALIVAS RIVER r„ . C. REAL PROPERTY ACQUISMON ASSUkMC'E•W • This a suraaes b applltablo If ttal property interests were aequired for the InstlrUglon of project MrknArn, and/or If putts, businesses, or farm operations Were displaced as a result pf such installation; and this a s= w a WM Biot preriouRly provided for in the,+wsate AW, prolta mcauro, or other typo or plan. If this ossuraaee wu not previous y provided,the undersigned spaasor(t)ha*by eluent they have compiled, to the extent practicable under Suite Uw.with the requirements of the Uniform Rt loeatlon Asdstance and Real Property Acquisition Policies Act(42 U.S.C.4dQ140S),as Implemented in 7 G.P.R.Part 21.My exceptions taken mein the rant property Ngtdsidon requirements under the authority of 42 VJX.4M btoauso of$tato law have been or is hereby furnished to the Sof!Conservation Service along with the oplalett of the chifaf Lssal Off M*(the State oonts+s4bo•AM discunlon of the tacu ad law humishsd. ri. ASSCsLOM Gif ADEQUACY OF MAL PROPEMEY >ftH' KM— • The, undersl ed an sponsor(s) hereby esstues that aulequste reef property rights +wd irltorasu, vruaR rtdhtx it 4kppH_4Ab1#,permit.t lod bosttsti required by Fed"*State,and 10061 law.;ordinatsce to replatiott,and related a lege.belt ukaa to obtain t1w lesel dight to Insall,opt etc,atfiat►ln,snd Inspect the 1h0vo"d0$CT project malum, cimept fm stmanm or Improvements $Mt owe to be removed, relooatad, modified, or salvaged Mori sa&or durInS the tostalta,tlon proeM, Thla auurance Is given with the knowledge that sponsor(s)w respomivic ror gay exam coats or other ooitte;, quenam In the cvcat the ansa property rights are hound to be itut;doquatr during the lnstailati6n process. F/ttthermore,this as wizaa is supported by an attoracyN opinion mtaehed hereto That certifies an exunination Ot the real h►gdrarty ia:trumev" aw t lilts vru spade And they were fond to vtovide adequate,title.right, p-r- adstion and authority for ttta tctpQse(sj for WhIch 010 prop"y wes a qulrsd, (29041—NEWPR. Jpiy ;.968) ISgri-1,$ Nst t bu4 — MML64cM 804.7 Jr. amy of the ran! PTOPCAY ri%ht$ ar lntarasu wars abWned by condemnation (cminant danxain) pmattdinp. .30011 r(s) f'urthw usure a4d&pm to prosecute tbo;g0Cq in[,t to&Raal conatu oon and pay i=h d uuRps u aw%tdv by tba spurt, CITY OF ATASCADERO This action tuthorfited ('=a at S ' � t4t 4k10LYlClall meclia� tilt at State of AUM ami) Mjs action auto*rirad at Lu affldal utudo8 $t�tP of 6Q4�LM • (390—yr--N . duly 1988) REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C- 3 From: Andrew J. Takata, City Manager Meeting Date: 9/26/95 SUBJECT: Resolution supporting the League of California Cities' resolution on sales tax redistribution to increase the amount received by cities to 2%. RECOMMENDATION: That the City Council iadopt Resolution No. 90-95. BACKGROUND: The City Council is being requested by the City of Covina to support a resolution which seeks to redistribute 1 % sales tax from the State to cities. A similar resolution was adopted by the Los Angeles Division of the League of California Cities on August 3, 1995. As the attached letter explains, the he resolution directs the League to initiate legislative actions, either through the State legislature or through a ballot initiative, to change the percentage split to 4% for the State and 2% to cities, which would double the sales taxes cities in California now receive. AJT:cw 000108 COGr V �'y CITY O F C O V I n A -sL �'gLIF0R�1Q' 125 East College Street • Covina, California 91723-2199 RECEIVED August 31, 1995 : sir ,+G E R; i Mr. Andrew J. Takata —---- City Manager City of Atascadero 650v 1'ul,L a Avenue Atascadero,CA 93422 Dear Mr. Takata: We are writing you to request the City of Atascadero's support for the attached resolution which was adopted by the Los Angeles Division of the League of California Cities on August 3, 1995. As you are aware, Division-sponsored resolutions are being forwarded to the League's General Resolutions Committee on October 23, 1995, and then to the General Assembly on October 24, 1995. The subject resolution seeks to redistribute 1% sales tax from the State to cities. The State currently gets 5% and cities get 1% of the sales taxes paid on each dollar throughout California. The resolution directs the League to initiate legislative actions, either through -the State legislature or through a ballot initiative, to change the percentage split to 4% for the State and 2% to cities. If the shift in sales taxes is accomplished, it would mean that the amount of sales taxes cities now receive would double. In essence, the resolution seeks to shift money from the State to cities using an existing tax mechanism and an existing allocation method. The resolution is relatively simple and in "terms of complexity" stands in sharp contrast to a number of efforts underway on government restructuring, constitutional revision, and modification of the taxation system. Consequently, the proposed resolution should not be compared to these activities. The issue for this resolution is not the structure of government, the constitution, or the taxation system -- it is how much money different agencies receive. We believe cities and counties are getting a disproportionately small share of available revenues. For example, the City of Covina, located in eastern Los Angeles County with a population of 44,000, will receive about $19.8 million in general fund revenue during this next fiscal year from over a dozen sources, including an 8.25% utility users tax. Of this total, sales tax revenue is about $5.7 million. The State will get five times this amount or about $28.5 million — all from Covina transactions. The amount of sales tax revenue going to the State exceeds the City's total general fund revenue from over a dozen sources! And while Covina's budget has been reduced in recent years like a number of other cities and counties throughout California, the State's budget continues to increase, from $53.083 billion in fiscal year 1993-1994 to $57.508 billion in fiscal year 1995-1996, an increase of 8.3%. 000109 Page 2of2. As most city administrators throughout California know, part of the problem here is that property tax revenue and other funds have been lost due to State takeaways. A recent Los Angeles Times article put the amount of property tax revenue taken away by the State at $3.9 billion. Although many would agree that schools need more funding, it is unlikely that many would agree it should be taken out of the pockets of cities and counties since we have been heavily impacted by numerous State and Federal mandates as well as increased demands for Police, Fire, Public Works, Community Development, Parks and Recreation, and Library services amid continuing recession in many parts of the state. Adding to the plight and dismay of cities is the outcome of Proposition 172. Proposition 172 was approved by voters in November 1993 and increased statewide sales taxes a half percent to augment public safety funding, funding for police and fire services, for example. While it appeared that this measure would offset losses in property tax revenue, most cities only receive a small fraction of the money collected from this Proposition due to the formula used to apportion these funds. For example, Los Angeles County received $370 million so far for 1994- 1995 from Proposition 172, yet has allocated only about $35 million to cities in Los Angeles County, less than 10% of the revenues. Of the funds allocated to cities, Covina received $213,000, an amount far less than a half percent sales tax. If these funds were allocated using the formula used to allocate other sales tax revenues, Covina would have received over $2.5 million. We all know what is at stake regarding the financing of local government services. The true impacts of the recession and the need for increased government revenues have been pushed down to the local level by the State. To save many essential services that are now being threatened, we need to form a unified voice to effect the same changes at the State level that we have been forced to make as cities and counties. Through this resolution we are seeking a shift of an estimated $2.8 billion from the State to cities and counties. This amounts to less than a 5% cut in the State's fiscal year 1995-1996 budget. This is not an unreasonable reduction considering the kinds of drastic cuts being made this year by many cities and counties throughout California. We are not seeking a battle with the State over revenue. We simply feel that many local services that are now being jeopardized represent a higher taxpayer priority (e.g., Police and Fire) than other services provided by the State. This is the issue we wish to bring forward with this resolution. We ask that your City Council adopt the attached supporting resolution and either FAX it or mail it to the City of Covina by October 18, 1995. FAX to Covina's City Manager, Mr. Fran Delach at 818/858-5556, or mail it to him at 125 E. College Street, Covina,CA 91723. Following receipt of your supporting resolution, Covina will mail you a lapel pin that is now being produced to promote this effort. If you have any questions about this resolution feel free to call either of us at 818/858-7212. Thank you, Ait Z4woL o s ary Francis M. Mayor City Manager TMO'L/FMD:CAK 000110 RESOLUTION NO. 90-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AT ASCADERO SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2% WHEREAS, The State receives five times as much sales tax revenue as cities throughout California; and WHEREAS, The sales tax revenue retained by the State from individual cities often exceeds the general fund budgets of those cities where the sales tax revenue originates; and WHEREAS, Cities provide services that directly benefit the quality of life in hundreds of communities throughout California; and WHEREAS, The public benefits of cities' services include the maintenance of property values, reduced risk to health and safety caused by crime, fires, medical emergencies, poor sanitation, and poor building and road construction; and WHEREAS, Cities' services provide important cultural and economic benefits through parks and recreation programs, library and senior programs, removal of blight from inner cities and older neighborhoods,and through business attraction efforts that provide jobs; and WHEREAS, The State has acted to reduce the amount of revenue received by cities in recent years forcing many cities throughout California to augment their revenues by imposing local assessments, fees or taxes -- or to make cuts in essential services; and WHEREAS, Because cities receive only a small fraction of the money collected through voter-approved Proposition 172 (Public Safety Augmentation Fund), public safety services like police and fire services face drastic financial reductions in many cities throughout California in light of State takeaways and State-imposed mandates; and WHEREAS, Many taxpayers object to paying additional taxes for what they view as diminishing local services caused by these factors, especially while the demand for police services, for example, continues to increase due to rising crime; and WHEREAS, On August 3, 1995, the Los Angeles County Division of the League of California Cities adopted a resolution which seeks legislative action that would result in a more equitable distribution of sales tax revenue by shifting 1 % sales tax revenue from the State to cities; and WHEREAS, The League's resolution will help cities provide essential local services without adding more burden to taxpayers; and 000111 Resolution No. 90-95 Page 2 of 2 WHEREAS, On October 24, 1995, the General Assembly of the League of California Cities will vote on this important resolution; NOW, THEREFORE, The City Council of the City of Atascadero hereby resolves to support the League of California Cities' resolution to Redistribute Sales Taxes so that the total received by cities is 2% of the amount paid per dollar on taxable sales. 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 0 000112 ADOPTED RESOLUTION OF THE LOS ANGELES COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES --ADOPTED AUGUST 3, 1995-- RESOLUTION TO REDISTRIBUTE SALES TAXES WHEREAS, cities throughout California receive 1% of the sales taxes paid on each dollar within their jurisdictions; and WHEREAS, the State receives 5% of the sales taxes paid on each dollar in each city throughout California; and WHEREAS, the State has reduced the amount of funding to cities in recent years; and WHEREAS, costs of operating cities have increased in recent years due to a variety of factors, including increases in crime and increases in the number of mandates cities must comply with; and WHEREAS, voters throughout the State are weary of paying additional taxes, fees, and assessments for what they view as diminishing local services; and WHEREAS, the above circumstances have led to drastic cuts in the areas of Police, Fire, Library, Parks and Recreation, and Street Maintenance services M by many cities throughout California; and WHEREAS, the effects of such cuts, and continued erosion of services in these areas will result in increased crime, reduced property values, reduced sales tax revenues, and increased costs to manage cities; and WHEREAS, the voters throughout California seem to consider such local government services a higher priority than many services provided by the State that are funded with sales tax revenue, now, therefore, be it RESOLVED, that the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League will sponsor legislation or sponsor a ballot initiative effort that will redistribute sales taxes received by the State such that the State's share is 4% and the cities' share is 2% of the sales taxes paid per dollar; and,be it further RESOLVED, that the amount of sales tax revenue to be redistributed shall be allocated to cities using the same method as is currently being used to distribute the existing 1% share per dollar cities receive. 000113 INFORMATION & SOURCES • Statewide Tax Rate The statewide sales tax breaks down as follows according to the State Board of Equalization. [Legal references were obtained from Mr. John Waid, Senior Legal Counsel, State Board of Equalization (telephone 916/324-3828). Taxable sales information is available from the Statistics Section, Planning and Research Division, State Board of Equalization (telephone 916/445-0840)]. STATEWIDE SALES TAX BREAKDOWN Percents received by Agencies .........:......:.:..:......:::{.:::..;:...... State Government 5.00% R & T Code 6051 & 6051.3 Count - Health & Welfare .50% R & T Code 6051.2 & 6201.2; W & 1 17600 Count - Public Safety* .50% Prop 172 added to State Constitution Cities and Counties# 1.00% R & T Code 7202(a) Counties - Transportation .25% R & T Code 7202 d e Total 7.25/, Notes: 'About 10% of the amount apportioned to counties is allocated to cities, except in Alameda County. #Apportioned by place of sale. Do cities receive 1% or 1.25%? The Bradley-Burns Uniform Local Sales and Use Law (Taxation and Revenue 7200 et seq.), does establish the rate for cities and counties at 1.25 percent. But, according to Mr. John Waid, Senior Legal Counsel, State Board of Equalization;, .25 percent is reserved for county transportation programs and goes to counties. This is pursuant to sections 7202(d)(e). Hence, cities do not receive 1.25 percent, but 1% in non- restricted general funds. Health and Welfare Realignment Program The amount designated for county health and social service programs of $1.6 billion (according to Western City, August 1995, p. 4), mostly goes only to counties, according to the Sandy Rogerson, Supervisor of Health and Welfare Program, Apportionment Unit of the State Controller's Office (916/322-5089). This is for the Health and Welfare Realignment Program which was approved and went into effect in 1991. This program is codified in Welfare & Institutions Code, Sections 17600 - 17609.15. Only seven cities statewide receive any funds for this program (San Francisco, Berkeley, Pasadena, Long Beach, and a Tri-City group). . -- OVER -- 000114 Public Safety Funds These funds were voter approved through Prop 172 in November of 1993 and amount to a .5% sales tax. They are designated for counties and cities that were subject to the property tax shift and are apportioned to counties based on their percentage of statewide taxable sales. Counties allocate funds to cities based on a formula established in Government Code Sections 30052-30054. According to Mr. Lyman Jeung, Principal Accountant of the LA County Auditor's Office (telephone 213/974-8362), and as stated in the Code, there is a limit on how much cities can receive from Prop 172 revenue -- 50% of the amount shifted in property taxes after deducting vehicle registration fee revenue. For example, if a city lost $1 million in property tax revenue but received $200,000 in vehicle registration fee revenue, then the city could receive no more than $400,000 in Prop 172 revenue (1,000,000 - 200,000 = 800,000 ' .50 = 400,000). LA County received $370 million in fiscal year 94-95 (less 1 month) and retained $335 million; cities in LA County were apportioned about $35 million -- less than 10% of the total apportioned to LA County by the State. Mr. Lyman says that counties lost a greater share of property tax revenue during the shift and this is why counties receive a larger share of sales tax revenue from this source. According to Ms. Kwong- McGee at the State Controller's Office (916/324-8365), a number of cities are now complaining how little funding they actually receive -- in some cases counties are retaining up to 95% of these revenues. As an example of what this has meant to cities consider the following example. Prop 172 ushered in a 1/2 cent or .5% sales tax. A 1% sales tax results in $5.7 million to the City of Covina (population 44,000) when it is apportioned based on place of sale. Yet, the 1/2 cent sales tax imposed by Prop 172 resulted in only $213,000 to Covina last year. This has to do with the formula set forth in Government Code Section 30054. If this allocation formula was changed to return the funds based on place of sale, Covina's revenue designated for public safety services would increase by over $2.5 million per year. i 000115