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AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA DOOM
July 26, 1994
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 identified in the brief
general description of each item, the action that may be taken shall include: A referral to
staff with specific requests for information; continuance, specific direction to staff
concerning the policy ormission of the item;discontinuance of consideration;authorization
to enter into negotiations and execute agreements pertaining to the item, adoption or
approval,• and, disapproval
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the
information Office (Room 103), available for public inspection during City Hall business
hours. The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a City meeting or other services offered by this City,please'`contact the City
Manager's Office ((805) 461-5010) or the City Clerk's Office ((805) 461;,5074). Notifica-
tion at least 48 hours prior to the meeting or time when services are needed will assist the
City staff in assuring that reasonable arrangements can be made to provide accessibility
to the meeting or service.
RULES OF PUBLIC PARTICIPATION:
* Members of the audience may speak on any item on the agenda.
* A person may speak for five (5) minutes.
* No one may speak for a second time until everyone wishing to speak has had
an opportunity to do so.
* No one may speak more than twice on any item.
* Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
* The floor will then be closed to public participation and open for Council
discussion.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CITY COUNCIL COMMENTS
COMMUNITY FORUM:
The City Council values and encourages exchange of ideas and comments from
you, the citizen. The Community Forum period is provided to receive comments from
the public on matters other than scheduled agenda items. To increase the effective-
ness of Community Forum, the following rules will be enforced:
* A maximum of 30minutes will be allowed for Community Forum, unless
Council authorizes an extension.
* All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
* No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports will be given, as felt necessary.):
1 . S.L.O. Council of Governments •
2. S.L.O. Regional Transit Authority
3. City/School Committee
4. Traffic Committee
5. County Water Advisory Board
6. Economic Round Table
7. Colony Roads Committee
8. Liability Claims Review & Finance Committee
9. Nacimiento Water Purveyors Advisory Group
10. Highway 41 Realignment Community Advisory Committee
B. CONSENT CALENDAR:
All matters listed under Item B, 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 - June 28, 1994
2. CITY COUNCIL MINUTES - July 8, 1994 (Special Meeting)
2
3. CITY COUNCIL MINUTES - July 12, 1994
4. CITY TREASURER'S REPORT - June, 1994
5. RESOLUTION NO. 43-94 Placing the annual payment for Assessment District
#7 (Santa Rosa Rd.) on the Property Taxes for Fiscal Year 1994-95
6. RESOLUTION NO. 73-94 - Designating a street name (Cole Court) to serve a
five-lot subdivision located at 8625 Portola Road (Tract 21 53)
7. RESOLUTION NO. 75-94 - Adopting the Fiscal Year 1994-95 annual spending
limit
8. AUTHORIZE CITY CLERK TO EXTEND RECRUITMENTS FOR PARKS &
RECREATION COMMISSION AND COMMUNITY SERVICES FOUNDATION
BOARD OF DIRECTORS (Verbal)
C. PUBLIC HEARINGS:
1. RESOLUTION NO. 72-94 - Confirming the cost of weed abatement
2. NORTH COUNTY WOMEN'S SHELTER: Annual grantee performance report for
Community Development Block Grant
D. REGULAR BUSINESS:
1. MAGDALENA AND MAGNOLIA AVENUES: Consideration of neighborhood sur-
vey and recommendation on ending streets in cul-de-sac as part of Hwy. 41
realignment
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
F. CLOSED SESSION:
The City Council will adjourn to a Closed Session for the following purpose:
1) Conference with Legal Counsel - Consideration as to whether the City
should initiate litigation
3
Agenda Item: B-1
Meeling Date: 7/26/94
ATASCADERO CITY COUNCIL
JUNE 28, 1994
MINUTES
The Mayor called the meeting to order at 7:00 p.m. and led the Pl� dge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Highland, Luna and
Mayor Nimmo
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City
Clerk
Staff Present: Andy Takata, City Manager; Henry Engen, Community
Development Director; Art Montand n, City Attorney;
Brady Cherry, Director of Communi y Services; Russ
Scotten, Interim Finance Director; Mike cCain, Fire Chief;
Lt. Bill Watton, Police Department and John Neil, Assistant
City Engineer
CITY COUNCIL REORGANIZATION:
o Resolution No. 61-94 - Reciting the fact of the Regular Municipal
Election held 6/7/94 and declaring the result
I
MOTION: By Councilman Luna, seconded by Mayor Bewley to adopt
Resolution No. 61-94; motion carried unanimously by roll call
vo te.
City Council Comments:
Councilwoman Borgeson expressed appreciation to those who had Isupported her over
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Page 1
the past eight years and indicated that it had been an honor to serve the City of
Atascadero.
Mayor Nimmo highlighted major accomplishments made during his four-year tenure
on the City Council and communicated gratitude to City Manager Andy Takata for his
support. He thanked Lee Price, City Clerk; Cindy Wilkins, Secretary to the City
Manager and Alicia Lara, Personnel Coordinator. The Mayor also commended Micki
Korba, City Treasurer, for her many contributions.
Mayor Nimmo commented that while he did not always share the same land use
opinions of those held by Councilman Luna, he respected his fellow councilmember
for representing well his constituency and for always remaining a gentleman.
O Administration of Oath of -Office to City Clerk Lee Price, City Treasurer
Micki Korba and newly-elected Councilmembers Hal Carden and Ray
Johnson
City Attorney Art Montandon administered Oaths of Office to Micki Korba, City
Treasurer and Lee Price, City Clerk. The City Clerk then swore in councilmembers
Harold Lee Carden, III and Ray Johnson.
O Council Appointment of Mayor and Mayor Pro Tempore
MOTION: By Councilman Carden, seconded by Councilman Johnson to
nominate Dave Bewley as Mayor; motion carried unanimously.
MOTION: By Councilman Johnson, seconded by Councilman Luna to
nominate Councilman Highland as Mayor ProTem; motion carried
unanimously.
Councilmembers Carden and Johnson provided brief, introductory comments.
O Presentations to outgoing Councilmembers Bonita Borgeson and Robert
Nimmo
Mayor Bewley presented a plaque of appreciation to Bonita Borgeson. Geraldine
Brasher bestowed upon Mrs. Borgeson a corsage and thanked her for serving the
community.
Mayor Bewley presented a plague of appreciation to Bob Nimmo.
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Page 2
Council Comments:
Councilman Luna extended gratitude to Bob Nimmo and Bonita 'Borgeson for their
public service.
The Mayor called a break at 7: 18 p.m. The meeting was reconvened at 7:40 p.m.
PRESENTATIONS:
o Introduction of Brad Whitty, Finance Director
Andy Takata introduced Brad Whitty, recently hired as the City's Finance Director.
Mr. Whitty, currently with the City of Guadalupe, will join City staff on July 15, 1994.
o Atascadero Chamber of Commerce - Annual Report'
Micki Ready, Executive Manager of the Atascadero Chamber of Commerce, presented
a summary of the Chamber's Semi-Annual Report of Activities. She highlighted
Chamber accomplishments and goals, and provided an overview of revenue sources
and projected expenditures. In addition, Ms. Ready summarized monthly calls and
visits and explained that the Chamber's membership is growing by 6 to 8 new
members per month. In closing, she reported that she had recently been honored by
being the recipient of a $670.00 scholarship towards furthering her professional
education. The City Council received the report; there was no action.
COMMUNITY FORUM:
Lanny Dugar, 8330 Santa Rosa Road, welcomed the new councilmembers and
requested that they review circumstances regarding the formation of the Santa Rosa
Road Sewer Assessment District.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports were given, as follows.):
1. Highway 41 Realignment Community Advisory Committee - Henry Engen
reported that the committee has been meeting monthly and that he
would begin regular updates to the City Council. The meetings, he
noted, began in February and Dr. Tim O'Keefe had been appointed
committee chairman. He said that the emphasis has';,ibeen on the design
of the Stadium Park bridge and explained that the committee is seeking
a design that will be compatible with the community',;character. He also
mentioned that a sound barrier survey has been conducted and cul-de-
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Page 3
sac options for Magdelena and Magnolia had been discussed. Mr. Engen
reported that staff was suggesting a mail survey of the residents to seek
the preferred design solution. It was noted that this matter will come
back for Council direction at the next meeting.
B. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - June 14, 1994
2. CITY TREASURER'S REPORT - May, 1994
3. FINAL PARCEL MAP 93002, 7406 SANTA YSABEL AVE. - Subdivision of a
0.42-acre site into four (4) separate parcels with the provision that, through
zoning, each parcel be developed in strict conformance with an approved
Master Plan of Development for the site. (Gearhart)
4. RESOLUTION NO. 45-94 - Placing the annual payment for Assessment District
No. 3 (Marchant Way) on the Property Taxes for the 1994-95 Fiscal Year
5. ESTABLISHING ANNUAL ASSESSMENTS FOR MAINTENANCE OF CERTAIN
IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT
ACT OF 1911 (STREETS & HIGHWAYS CODE SEC. 5830) FOR STREET
MAINTENANCE DISTRICTS:
A. Resolution No. 47-94 - Aguila Ave. (Dist. No. 86-3)
B. Resolution No. 48-94 - Pinal-Escarpa (Dist. No. 86-2)
C. Resolution No. 49-94 - Cayucos Ave. (Dist. No. 86-4)
D. Resolution No. 50-94 - Falda Ave. (Dist. No. 86-1 )
E. Resolution No. 51-94 - Lobos Ave. (Dist. No. 83-1 )
F. Resolution No. 52-94 - Sonora-Pinal Ave. (Dist. No. 83-2)
G. Resolution No. 53-94 - Maleza Ave. (Dist. No. 83-3)
H. Resolution No. 54-94 - San Fernando Rd. (Dist. No. 84-1)
6. RESOLUTION NO. 58-94 - Amending Resolution No. 29-91 , authorizing the
application for State licensing of the school-age childcare program
7. RESOLUTION NO. 59-94 - Approving an Interim Budget for the 1994/95 Fiscal
Year and appropriating funds thereof
8. RESOLUTION NO. 60-94 - Adopting a policy for the financial recovery of costs
of emergency responses, pursuant to Government Code Section 53150, et seq.
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Page 4
9. ATASCADERO W. MALL LANDSCAPING PROJECT
There were no comments from the Council or public.
MOTION: By Councilman Luna, seconded by Councilman Highland to
approve the Consent Calendar Items #B-1 through 9; motion
carried 5:0 by roll call Vote. (Note: Councilmembes Johnson and Carden
abstained on Item #B-1: Minutes of June 14, 1994).
C. PUBLIC HEARINGS - None scheduled.
D. REGULAR BUSINESS:
1. REPORT ON TRAFFIC SAFETY SIGNAGE, LAS ENCINAS (Verbal)
John Neil provided a brief staff report and highlighted options proposed by the
consulting design engineering firm, Penfield-Smith.
Brief Council discussion followed. Staff was directed to bring back specific
recommendations for modifying the present signage at the next meeting.
2. FASHION OUTLET CENTER (Golden West Development)
• A. Request to extend construction completion deadline:
q P
B. Notice of Transfer of Ownership
Mayor Bewley announced that because of a potential conflict ofinterest, he would
step down from deliberations on this item. Mayor ProTem Highland took the gavel
and Art Montandon delivered the staff report. The City Attorney noted that it was
prudent to approve the construction completion deadline rather than risk costly
litigation. He mentioned that the developers were present and available for
questioning. There were no comments from the Council or public.
MOTION: By Councilman Carden, seconded by Councilman Johnson to
adopt Resolution No. 62-94, authorizing the approval of the
requested modification and transfer of ownership; motion carried
4:0.
Mayor Bewley returned to the dias.
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Page 5
3. ATASCADERO ELKS LODGE #2733 REQUEST FOR PROPOSED "BEERFEST"
ON SEPTEMBER 17, 1994, ATASCADERO LAKE PARK
Brady Cherry provided the staff report and recommendation to approve. He presented
an overview of the proposed event and noted that John Himes, representing the Elks
Lodge, was present and available to respond to questions.
Councilman Johnson mentioned that he had received a note from a member of the
public concerned about the use of alcohol in the Park and the message that may be
sent out to the youth. He encouraged adequate patrol and security and asked the City
Attorney to comment upon the potential liability. Art Montandon advised that the use
of City facilities requires certain levels of insurance to cover events and reassured the
Council that there would be adequate insurance to cover any incidents.
Councilman Carden inquired who would be financially responsible for security. Mr.
Cherry reported that the Elks Lodge would be accountable for all costs associated
with security and added that staff would review security precautions and confer with
the Police Department in an effort to advise the Elks. There was consensus to
support the request.
4. SAN LUIS OBISPO COUNTY ARTS COUNCIL - Request for letter of support for
National Endowment for the Arts (NEA) funding application
Andy Takata introduced Lyndon Thomson, Executive Director of the SLO County Arts
Council, who provided an explanation of the funding request. She indicated that it
she would not know if they are to receive the grant until April of 1995 and clarified
that matching funds would not, therefore, be needed until July of 1995.
Discussion ensued. The City Manager explained that, due to the uncertainty of the
budget, staff could not recommend making a financial commitment at this time. He
suggested that the Council send a letter in support of the grant application and state
that matching funds would be contingent upon available resources.
Public Comments:
Eric Greening, 7365 Valle, urged the Council to make the investment in the Arts as
it is a prudent public safety venture. Young people, he added, who express in the arts
rarely become kids at risk.
-End of Public Testimony---
There was consensus to support the grant if the City is financially able to do
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Page 6
tl
so and staff was directed to draft a letter of support to the Arts Council.
5. SCHEDULE DATE FOR JOINT MEETING WITH PASO ROBLES CITY COUNCIL -
Suggest August 11 , 1994
Andy Takata reported that the Joint Meeting with the Paso Robley City Council was
being proposed for Thursday, August 11 , 1994 at the Lake Park Pavilion. He noted
that the three items for discussion included economic development, solid waste and
the Salinas River Dam expansion project. By mutual consent, staff was directed to
notice the joint meeting for August 11, 1994.
6. SCHEDULE HEARING ON CHICAGO GRADE LANDFILL ISSUES
Andy Takata suggested that the City Council agree to schedule a hearing on the
Chicago Grade landfill issues on August 23, 1994.
Public Comments:
Pat Johnson, Chicago Grade Landfill, urged the Council to have an open meeting
regarding the land fill issue on July 12, 1994.
Mayor Nimmo proposed that July 12th was too soon, in light of the fact that Wil-Mar
cannot yet, because of pending legal matters, participate. Councilman Luna agreed.
Councilman Johnson inquired whether or not public testimony would be received at
the Joint Meeting with the City of Paso Robles. The City Attorney indicated that the
public comments will be taken at that time and noted that there would be an
opportunity for both Councils to discuss the matter at that time.
Leo Korba, 10905 Santa Ana Road, asked what happens if the City has to bear the
clean up costs associated with the eventual close of the Chicago Grade Landfill. The
City Attorney reported that he had received a memo from Chicago Grade suggesting
that the City may have some financial responsibilities to that end. He advised that
after careful review of the memo and consideration of other documentation, he was
of the opinion that the City would not be financial liable.
---End of Public Testimony---
There was consensus to set the matter for public hearing on,August 11, 1994.
7. ORDINANCE NO. 279 - Establishing special assessment use charge for
Atascadero Street Improvement Project No. 1992 (Las Encinas and 3-F
Meadows)
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. Page 7
(Recommend motion to adopt on second reading by title only)
MOTION: By Councilman Luna, seconded by Councilman Carden to adopt
Ordinance No. 279 on second reading; motion carried 5:0 by roll
call.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilman Highland announced that he would be on vacation July 4 through August
2, 1994.
2. City Clerk
Lee Price announced that she was presently accepting applications for the Planning
Commission, Parks & Recreation Commission, Traffic Committee and Community
Services Foundation Board of Directors.
3. City Manager
Andy Takata provided an overview of the next meeting's agenda.
F. CLOSED SESSION:
The City Council adjourned to a Closed Session at 8:40 p.m. for the following
purpose:
1) Conference with Legal Counsel - Anticipated Litigation:
Significant Exposure to Litigation: One case
Closed Session was adjourned at 8:55 p.m. The City Attorney announced that the
City Council had discussed a matter of anticipated litigation and no decisions were
made regarding settlement.
THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
JULY 12, 1994 AT 7:00 P.M.
MINUTES RECORDED AND PREPARED BY:
LEE PRICE, City Clerk
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Page 8
Agenda Item: B-2
Meet ng Date: 7/28/94
ATASCADERO CITY COUNCIL
SPECIAL MEETI G'
_. _ _ ..... ..... ...........
JULY 8, 1994
MINUTES
The Mayor called the meeting to order at 1 :30 p.m.
I
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Luna and Mayor
Nimmo
Absent: Councilmember Highland (vacation)
Also Present: Muriel "Micki" Korba, City Treasurer a�d Lee Price, City
Clerk
Staff Present: Andy Takata, City Manager and Henry ngen, Community
Development Director
PURPOSE OF THE MEETING:
The City Council met in a Special Meeting to consider a request y Judy Young on
behalf of California Manor/Vintage Days Services to have the City o Atascadero apply
for federal assistance for their proposed Congregate Housing Ser ices Program.
ACTION:
I
3
Henry Engen provided an overview of the grant application packet submitted by Judy
Young. He explained that Ms. Young was asking the City to be the lead applicant for
Community Development Block Grant funding to pay for dinners and enhanced care
for senior residents living at California Manor. He noted that in the future this project
would compete for CDBG monies as had been made available for tt e Masonic Temple
and the Carlton Hotel project this year. In addition, Mr. Engen reported that the City
SPCC 07/08/94
Page 1
had a potential financial liability of $65,225 plus other costs associated with the
preparation of financial audits and potential responsibilities for meeting 50% of any
unpaid fees.
The City Manager reported that while Ms. Young had indicated that California
Manor/Vintage Days Services would cover the applicant's costs, there had not been
adequate time to get a legal binding agreement to that end. He advised the Council
against making a financial commitment at this time because of the uncertainty of the
City's budget.
The Mayor and other members of Council mentioned that they had received calls from
citizens urging the Council not to approve the request. Mayor Bewley stated that the
City can not afford to meet the projected financial contributions relating to this grant
application.
The City Council unanimously agreed to take no action on the request.
THE MEETING WAS ADJOURNED AT 1:46 P.M.
MINUTES PREPARED BY:
LEE PRICE, City Clerk
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Page 2
Agenda Item: B-3
Meet ng Date: 7/26/94
ATASCADERO CITY COUNCIL
i
JULY 12, 1994
MINUTES
The Mayor called the meeting to order at 7:OO p.m. Councilpers n Johnson led the
Pledge of Allegiance.
ROLL CALL:
I
Present: Councilmembers Carden,Johnson, LunE and Mayor Bewley
Absent: Councilmember Highland
Also Present: Muriel "Micki" Korba, City Treasurer �nd Lee Price, City
Clerk
Staff Present: Andy Takata, City Manager; Henry Engen, Community
Development Director; Art Montand n, City Attorney;
Brady Cherry, Director of Communi y Servi-ces; Russ
Scotten, Interim Finance Director; Mike cCain, Fire Chief;
Bud McHale, Police Chief and John eil, Assistant City
Engineer
COUNCIL COMMENTS:
O Confirm City Council Committee Assignments (May )r Bewley)
Mayor Bewley indicated that the Council Committee assignments pad been made and
noted that a list of the appointments was included in the agenda packet.
PRESENTATIONS: I
O Plaque of Appreciation to Harold Lee Carden, 111 - Planning Commissioner
Mayor Bewley presented a plaque to Hal Carden and extended grat tude for his service
on the City's Planning Commission.
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Page 1
O Tom Walters, Wil-Mar Disposal, Inc., of California Redemption Value
Refund (from Curbside Recycling Program).
Tom Walters, Wil Mar Disposal, Inc., provided copies of the City of Atascadero
Recycling Update dated July 1994 (see Exhibit "A"). Michele Velasco presented a
check to the Mayor for $5,239.45, representing California Redemption Value refunds.
COMMUNITY FORUM:
Lanny Dugar, 8330 Santa Rosa, described a situation that occurred at the Atascadero
Lake Park on July 4, 1994. He reported that he was offering free pony rides when
he was asked to leave by event organizers. He complained that he was then ordered
to leave by security guards who used abusive language and who also threatened him
with deadly force. Mr. Dugar asked the Council to consider controlling security
guards with weapons in the parks.
Connie King, San Luis Obispo YMCA representative, introduced herself and mentioned
that she had been working with Brady Cherry and the Community Services Depart-
ment in an effort to develop a community-wide recreational needs assessment. She
commented that she hoped that the "Y" could unite with the City in a joint venture
to develop programs.
Ray Jansen, 6655 Country Club Drive, spoke regarding social philosophy and asked
what is the soul of community life. He suggested that it is high time that society to
support and strengthen a social contract that guarantees that every person has a place
in society and a right to be there.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports were given, as follows.):
1. S.L.O. Council of Governments(C0G)/Regional Transit
Authority(SLORTA) Councilman Carden reported that SLORTA would
meet July 13, 1994 at 9:00 a.m. in San Luis Obispo.
2. Economic Round Table - Councilman Johnson announced that the round
table would meet Wednesday, July 20 at 7:30 p.m. at City Hall.
3. Highway 41 Realignment Community Advisory Committee -Henry Engen
noted that staff would schedule results of a neighborhood survey
regarding cul-de-sac design options for Magdelena and Magnolia Avenues
for Council consideration July 26th. The Committee's next meeting, he
added, is July 14th.
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Page 2
B. CONSENT CALENDAR:
1. RESOLUTION NO. 42-94 - Placing the Annual Payment for Assessment District
No. 8 (South San Gabriel) on the Property Taxes for the 1994-95 Fiscal Year
2. RESOLUTION NO. 67-94 - Recommending Continuation of Current Developer
Fee Schedule
3. RESOLUTION NO. 68-94 - Annual Ratification of the San Luis Obispo Council
of Governments Joint Powers Agreement for Fiscal Year 1994-95
4. FINAL APPROVAL OF THE AGREEMENT TO CONVEY REAL PROPERTY AND
THE JOINT OCCUPANCY AGREEMENT RELATING TO THE ACQUISITION OF
THE MASONIC TEMPLE
5. PAYMENT OF BILLS AND AUDITED PAYROLL FOR JUNE 11994
There were no questions or comments from the City Council or from the public.
MOTION: By Councilman Luna, seconded by Councilman Carden to approve
the Consent Calendar; motion carried 4:0 by 'roH ca// vote.
C. PUBLIC HEARINGS:
1. RESOLUTION NO. 63-94 - Authorizing Placement of Delinquent Solid Waste
Charges on Property Taxes for Fiscal Year 1994-95
Russ Scotten provided the staff report and recommendation to approve.
Public Comments:
George Zidbeck, 1869 San Fernando Road, indicated that he was';'upset that City and
County governments are joining forces to collect fees for a private agency and
complained that the costs are too high.
Robert Carsley, 1215 Camino del Roble, complained that there are no limits on what
services tenants can order and yet the landlord is responsible for the bill. He asserted
that part of his delinquent bill is from a former tenant.
Michele Velasco, Wil-Mar Disposal, explained the billing process and emphasized that
arrangements can be made for payment. Wil-Mar, she said, was willing to work with
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Page 3
year are substantially less than they were last year. Councilman Johnson inquired if
Wil-Mar notifies owners when a tenant is behind. Ms. Velasco indicated that they do
try, but noted that it isn't always clear if services are contracted by a tenant or
owner.
Mr. Carsley asserted that he has never heard from Wil-Mar.
Renee Silberman, 9210 Lucinda, remarked that many homeowners will be affected
and asked Wil-Mar to make an effort to contact an owner when a tenant is late.
Councilman Luna commented that the authorizing ordinance does not specify that
property owners will be notified if tenants are late paying their bill and asked Michele
Velasco how owners are notified of delinquency. Ms. Velasco reiterated that Wil-Mar
tries to contact owners when fees become delinquent, but pointed out that many
times there is no communication unless the delinquent party contacts Wil-Mar.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt
Resolution No. 63-94; motion passed 4:0 by ro// ca// vote.
2. RESOLUTION NO. 64-94 - Authorizing Placement of Annual Sewer Service
Charges on Property Taxes for Fiscal Year 1994-95
HenryEngen provided the staff report and recommendation to approve. There were
no questions or comments.
MOTION: By Councilman Carden, seconded by Councilman Luna to adopt
Resolution No. 64-94; motion passed 4:0 by roH ca// vote.
3. RESOLUTION NO. 65-94 - General Plan Amendment to Extend Urban Services
Line to Include the Neighborhood Commercial Zoned Corner at EI Camino Real
and Viejo Camino (City-initiated)
4. RESOLUTION NO. 66-94 - General Plan Amendment to Extend Urban Services
Line to Include the Neighborhood Commercial Zoned Corner at EI Camino Real
and Del Rio (City-initiated)
Henry presented the staff report and recommendations for both items, #C-3 & C-4.
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Page 4
Public Comments:
Jim Edwards, 2800 EI Camino Real, p ointed out that, if approved,',Resolution No. 66-
94 would not make sewer accessible to the east side of EI Camino Real sourtherly of
the subject site. Henry Engen clarified that the extension of the Urban Services Line
does not allow for hook-up in Suburban Residential and clarified that there will be
urban standards on one side of street and rural on the other.
---End of Public Testimony---
Councilman Luna asked if there was potential for requiring an Environmental Impact
Report (EIR) for any proposed major expansion of the Urban Service Line. Henry
Engen reported that an EIR would be required to change large areas from Suburban
Residential (2 1/2 acre lot-standards) to higher density. He explained that the former
City Council had not been interested in making a change in the density in the EI
Camino Real/Del Rio Road area. Councilman Johnson inquired '!whether staff was
concerned about capacity. Henry Engen advised that there wags not a substantial
number of new lots that could be created in the northeast quadrant if the Urban
Service Line were to include the whole area.
Responding to inquiry from Councilman Carden, Henry Engen reported that extending
the Urban Service Line to include Suburban Residential areas mandates a change in
the present zoning and clarified that such a change could be done provided there were
also a General Plan text change. He also noted that, under the current General Plan,
it would not be possible for someone to tie into the sewer even if they chose to if
they are outside the Urban Service Line.
MOTION: By Councilman Luna, seconded by Councilman Carden to adopt
Resolution No. 65-94; motion passed 4:0 by ro// ca// vote.
MOTION: By Councilman Luna, seconded by Councilman Carden to adopt
Resolution No. 66-94; motion passed 4:0 by ro// ca// vote.
D. REGULAR BUSINESS:
1. LAS ENCINAS TRAFFIC SAFETY SIGNAGE - Recommended Revisions
John Neil provided background and recommendation to approve changes to the
existing signage in conformance with a modified version of the Level #1
recommendations made by Penfield & Smith (design engineer), as set forth in the staff
report. Using overhead transparencies, he illustrated the proposed revisions.
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Page 5
Councilman Johnson asked what the accident history was in the Las Encinas area.
Chief McHale remarked that there has been a very light history of accidents.
Councilman Luna noted that Penfield & Smith \n/as not recommending a reduction in
the number of signs but recognized that it may be desirable to accept a lesser level
of safety in order to protect the visual aesthetics of the neighborhood. He asked the
City Attorney if this statement was essentially releasing them from any liability. Art
Montandon explained that it did and noted that the City would be considered liable in
an incident if it could be determined that the road design was a trap to the unwary
driver or if the City had been put on notice that there existed dangerous conditions.
Accident history, he added, puts the City "on notice". Mr. Montandon advised that
the liability for the City is quite low based upon the accident history and the signs that
are proposed to remain.
Councilman Johnson observed that it was difficult to envision how the area will look,
based upon the maps. He suggested that staff set up a demonstration to give the
neighbors and members of the City Council an opportunity to see it, provide input and
reach a reasonable compromise. Councilman Luna asked the City Manager if this was
possible. Andy Takata indicated that staff could produce demonstration corners as
outlined in staff's recommendation.
Public Comments:
Ron Lindsay, 8505 San Gregorio Road, spoke on behalf of residents in the Las Encinas
assessment district. He noted that the Chandler Ranch assessment district was to be
the model for assessment districts and pointed-out there are hardly any signs in that
area. He suggested that the Council give consideration to removing all the signs and
simply placing one sign stating, "Winding Road - next 2.2 miles".
---End of Public Testimony---
There was consensus to approve the staff recommendation as proposed. In
addition, staff was directed to set up demonstration corners and meet with the
residents.
2. DEVELOPMENT REVIEW ADVISORY COMMITTEE -Consideration of Communi-
cations from the Planning Commission and Building and Construction Board of
Appeals
Henry Engen provided the staff report and asked for Council direction regarding the
establishment of an Ad Hoc Development Review Committee. Councilman Luna
inquired about how much staff time this type of committee might require. Mr. Engen
suggested that approximately four meetings might be sufficient, adding that a year's
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I
worth of monthly meetings would start cutting into a lot of staff time. He
recommended that staff walk the committee through the permit process, review
problems and propose recommendations for streamlining the process. He emphasized
that a clear purpose, input regarding membership and guidelines for reporting back to
Council needed to be outlined.
Councilman Johnson commented that it would be advantageous to evaluate all
departments and services eventually. For now, he added, it appears timely to look at
the building process and explained that he would prefer the committee narrow its'
focus to just that subject. Councilman Luna agreed.
Mayor Bewley suggested that membership include five to seven members appointed
by the Council. Specifically, he proposed that the committee include one member of
the Board of Appeals, one- Planning Commissioner, a Council representative and two
at-large citizens. He emphasized that the purpose should be to improve procedures.
Public Comments:
Jim Edwards, Vice-Chairman of the Planning Commission, explained the Planning
Commission's position and noted that they were in support of a seven-member body.
He stated that the proposed scope of the committee would be to review the permit
and building processes as well as how these affect economic viability. Suggested
membership, he continued, consisted of one or two members of the Planning
Commission, a member of the Board of Appeals and a member of the Parks &
Recreation Commission. He stated that he did- not envision a codncilmember on the
ad hoc committee and was hoping that it maintain a "stand-alone" stance to remain
objective. Mr. Edwards also mentioned that the direction of the committee should be
left up to committee and proposed that the focus be formulated after the
appointments are made.
---End of Public Testimony---
Councilman Johnson asserted that the focus should be determined by the Council and
a councilmember should serve on the committee. Councilman Luna agreed and
pointed out that the taxpayers are the customers and they should be represented. He
indicated that he could support no more than a constrained review'of the development
process with a goal to seek improvement.
Councilman Carden recommended that the chairpersons of the Planning Commission
and the Board of Appeals meet with members of staff and develop a specific charter,
time-lines and recommended list of members. Once done, he suggested, the matter
could come back for two formal actions: 1 ) membership composition and 2) defined
CC 07/12/94
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committee purpose.
The City Manager asked for additional direction regarding the types of people the
Council would like to serve as members-at-large. Mayor Bewley implied that there
should be citizen representatives who actually use the system; i.e., developers,
architects and builders. The Mayor also volunteered to represent the Council on the
committee.
There was Council concurrence that the Mayor would meet with staff and the
Chairpersons of the Planning Commission and the Board of Appeals to design the
committee and make recommendations for membership.
3. RETAINING THE EXISTING CURBARIL BRIDGE - Response from County Board
of Supervisor
Henry Engen requested direction from the City Council to propose to San Luis Obispo
County staff that an agreement be entered into to equally share the maintenance
costs associated with the Curbaril Bridge. He pointed out that two-thirds of the bridge
is located in the unincorporated areas of the County. The City Manager added that
emergency access to the unincorporated areas is for mutual aid (fire and police
services).
Councilman Luna pointed out that Supervisor Blakely had responded favorably to
taking the matter to the Board of Supervisors. He declared that he would not like to
see City staff involve County staff at this time when Supervisor Blakely has availed
himself to take it to the Board and suggested that the Mayor, on behalf of the City
Council, respond to the specific questions set forth in Supervisor Blakely's letter and
ask him to work with County staff.
There was consensus to direct staff to draft a letter to Supervisor Blakely for
the Mayor's signature, as proposed by Councilman Luna.
4. RESOLUTION NO. 70-94 - Authorizing the Execution of an Agreement with
Arthur Blankenship to Maintain Open Space (APN #56-352-004/Santa Rosa
Road)
Art Montandon provided the staff report and recommendation to adopt Resolution No.
70-94 authorizing the execution of an agreement with Art & Betty Blankenship. The
City Attorney mentioned that Mr. & Mrs. Blankenship have asked that they be allowed
to pay off the amount at any time and indicated that this provision could easily be
added to the contract.
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e
Public Comments:
i
Art Blankenship, 8300 Santa Rosa Road, indicated that he was requesting the addition
of a provision allowing for early pay-off, as outlined by the City',Attorney. He also
noted that he had agreed that the property will be maintained as a ranch but reiterated
earlier comments that the land is a flood zone area and is unsuitable for development.
Mr. Blankenship proclaimed that it was not fair to assess him for sewer when the land
is a flood zone and not useful as a home site.
Councilman Johnson asked the City Attorney for the rationale behind the fifteen-year
provision. Mr. Montandon explained that it represents the same time-frame for
payment on the property tax rolls. Councilman Luna commented that he had been
opposed to the 15 year provision and had asked that it be deleted. Mr. Blankenship
argued that he had originally proposed that the property never be assessed unless a
building permit is issued and reiterated that the land is not suitable for a home.
Lanny Dugar, 8330 S. Rosa Road, spoke in support of Mr. Blankenship's position. He
urged the Council to be aware of how the situation came about and how the
Blankenship's were ultimately included in the assessment district.'' He argued that the
Blankenships should not have to participate in the district because they are not
receiving a benefit from the sewer. Mr. Dugar implored the Council to do anything
possible to relieve the Blankenship's of the burden of the district':.
Eric Greening, 7365 Valle, spoke in favor of the initial intentions of Mr. Blankenship.
He emphasized that the agreement puts economic pressure on the parcel and asked
the Council to relieve the Blankenships from participation. Mr. Greening also
commented that the City lacks a coherent, overall policy for forming assessment
districts and suggested that consistent ground rules be established.
Rita Fernandez, Mountain View resident, also spoke in favor of the Blankenship's
request to be removed from the district.
---End of Public Testimony---
Responding to inquiry from Councilman Carden and Councilman Johnson, Henry
Engen reported that the land does, in fact, constantly flood butadded that while it
may be costly, every lot is build-able with the right engineering. He stated that there
is an assumption that the parcel is a build=able lot because it is accessible to sewer
and noted that the lot is included, as directed by the City Council, in the district and
is part of the formula.
Councilman Luna asserted that the agreement essentially forces the Blankenships to
CC 07/12/94
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develop the lot. He contented that the agreement offers an opportunity to give the
community the enjoyment of farmland/open space until the sale of, or development
of, the property. He reiterated that he was not in favor of the fifteen years provision.
Mayor Bewley proclaimed that he would not support the agreement and reiterated that
he had voted against the matter before. He stated the land should be assessed like
all the other lots in the district.
MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt
Resolution No. 70-94 as amended by deleting provision #5(a);
motion failed 2:2 (Councilman Carden/Mayor Bewley voting in
opposition). No action.
MOTION: By Councilman Carden, seconded by Councilman Luna to adopt
Resolution No. 70-94; motion carried 3:1 (Mayor Bewley voting
in opposition). (Note: The adoption included approval of amending the
agreement to include a provision allowing the Blankenships to pay off the
assessment at an earlier date, if so desired).
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Clerk
The City Clerk mentioned that applications were being accepted for the Planning
Commission, Parks & Recreation Commission, Traffic Committee and Community
Services Foundation Board of Directors until Friday, July 15th at 5:00 p.m. and
encouraged anyone interested to apply.
2. City Treasurer
Micki Korba reported that a $1 ,300,000 Tax and Revenue Anticipation Note (TRANS)
the following day and added that this would afford the City operating capital.
3. City Manager
Andy Takata provided an overview of the agenda for the meeting of July 26, 1994
and announced that reporter Steve Whitely was leaving the Country News and taking
a position with the Telegram-Tribune.
F. CLOSED SESSION:
The Mayor adjourned to Closed Session at 9:02 p.m. for the following purposes:
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Page 10
1) LIABILITY CLAIMS:
Claimant: Rex Hendrix, Betty Hendrix and Darlene Frederick
Agency: City of Atascadero
2) CONFERENCE WITH LABOR NEGOTIATOR
Negotiator: City Manager
Employee Organizations: Service Employees International Union,
Atascadero Police Officers Association, Atascadero Sergeant's
Service Organization, Atascadero Safety Technicians Organization
and Mid-Management Bargaining Unit
At 9:50 p.m., Closed Session was adjourned. The City Attorney announced that the
City Council gave no authority to settle Item #1 . In addition, he reported that on-
going labor negotiations with the associations listed above wereconducted.
THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
JULY 26, 1994 AT 7:00 P.M.
MINUTES RECORD"ND PREPARED BY:
G
OEE4 RICE, Ci ' Clerk
Attachment: Exhibit "A" - (Wil-Mar Disposal, Inc.)
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Page 11
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EXHIBIT "A"
Page 1
City of Atascadero
Recycling Update
July 1994
Since August 1993 , Wil -Mar Disposal has promoted the Recycling
Program through diverse awareness activities . We have purchased a
cute , fuzzy "Roo" costume and educational coloring books to use in
conjunction with classroom presentations and events that the
Atascadero Recycling Committee participate in .
We have expanded the Recycling Program
* Over 50 commercial cardboard accounts collected 1 to 3
times per week
* Averaging over 16 tons of recyclables per month
* Expansion of used motor oil drop-off
* Sorting commingled recyclables and baling commodities
* Continue saturation of recycling bins
* Increase green waste collection
Enclosed is the monthly California Redemption Value (CRV) from 7 / 93
- 6 / 94 for Aluminum, Glass and PET . The formula used to determine
the rebate is the total CRV minus Sorting Cost paid to SLOCO
Recycles and minus the Special Event Costs .
It is our hope that by changing the methods of handling our
recyclables it will allow us to maintain rates while meeting the
requirements of California State Law AB 939 .
Y
P
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EXHIBIT "A"
Page 32
Atascadero CRV 7/93 to 6/94
Commodity: Commodity: Commodity:
Y
Glass Aluminum PET
7/93 1,072.78 7/93 765.41 7./93 663.35
8/93 956.46 8/93 682.42 8':/93 591.42
9/93 1,169.10 9/93 834.11 9;/93 722.92
10/93 1,140.81 10/93 813.96 10/93 705.41
11/93 1,099.73 11/93 784.65 11;/93 709.30
12/93 1,467.10 12/93 1,046.76 12/93 946.24
1/94 1,033.46 1/94 726.11 1/94 656.38
2/94 923.60 2/94 648.92 2;/94 586.61
3/94 1,059.80 3/94 985.73 3/94 531.15
4/94 832.39 4/94 774.21 4/94 417.18
5/94 1,187.19 5/94 1,104.22 5/94 595.01
6/94 1,085.72 6/94 833.31 6/94 647.72
Total $13,028.14 Total $9,999.81 Total $7,772.69
Sort Costs Costs of Recycle Events
Sept. 1993 2,357.00
7/93 1,688.82 March 1994 2,582.27
8/93 1,505.70 -- -
9/93 1,804.44 Total $4,939.27
10/93 1,795.92
11/93 1,731.24
12/93 2,309.58
1/94 1,602.30
2/94 1,431.78
3/94 1,741.22
4/94 1,182.73
5/94 2,109.70
6/94 1,718.49
Total $20,621.92
Total CRV $30,800.64
Less: Sort Costs - $20,621.92
Net CRV $10,178.72
Recycle Event Costs - $4,939.27
Cash Retained $5,239.45
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item B-4
From: Micki Korba, City Treasurer Meeting Date: 7/26/94
SUBJECT: Treasurer' s Report - June, 1994
RECOMMENDATION•
Council review and accept.
Attachment: Treasurer's Report, June 1994
6
s
3
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B
001)(Mi
CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH OF JUNE, 1994 (Unaudited)
GENERAL FISCAL
ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN. TREASURER'S $ 93,052. $8, 138,492. $596,862. $8,828,406.
BALANCE
RECEIPTS 873,252. 138,289. 130,588. 1, 142, 129.
DISBURSEMENTS <1,321, 021.> -0- -0- <1,321, 021.
TRANSFERS IN 900, 000 -0- -0- 900, 000.
TRANSFERS OUT -0- <900, 000.> -0- <900, 000.>
OTHER -0- -0- -0- -0-
BALANCE $545,283. $7,376,781. $727,450. $8,649,514.
DEPOSITS IN -0-
TRANSIT
CHECKS OUTSTANDING <229,364.>
ADJUSTMENTS -0-
ADJUSTED TREASURER'S BALANCE $8,420, 150.
CITY OF ATASCADERO
MURIEL C. KORBA
City Treasurer
a:treas-rpt #40
Y
ALL FUNDS - GENERAL ACCOUNTIINVESTMENTS
RESERVED UNRESERVED
CASH ( 1) CASH';,, (2)
FUNDS
General Fund Pooled Cash $ $ 318,438.
Ws Tax Fund Pooled Cash 70, 733.
evelopment Fee Pooled Cash 83.
A.D. #4 - Reserve Pooled Cash 49,712.
Zoo Enterprise Pooled Cash < 105, 041.>
Payroll Trust Pooled Cash < 57,403.>
TRAN Repayment Pooled Cash 2,069, 806. (3)
Donations Pooled Cash 3, 055.
CDBG Economic Grant <2450.>
Dial-A-Ride Pooled Cash <106,720.>
WasteWater Fund Pooled Cash 1,7741563.
Lake Park Pavil. Pooled Cash < 21786.>
Aquatics Pooled Cash < 11029.>
Recreation Pooled Cash < 13,953.>
Tree Plant Fund Pooled Cash 311649.
Tree Assn Fund Pooled Cash 1, 897.
Sidewalk Trust Pooled Cash 45, 194.
Emergency Services Pooled Cash 5,326.
Police Training Pooled Cash < 3,543.>
Weed Abatement Pooled Cash 29,578.
A.D. #3Redemptn. Pooled Cash 9, 116.
A.D. #4 Redemptn. Pooled Cash 73, 852.
A.D. #5 Redemptn. Pooled Cash 44,468.
Camino Real Redm Pooled Cash -0-
92 Street A.D. Redemptn Pooled Cash 61,963.
89 COP Debt Svc Pooled Cash <121, 165>
apital Project Pooled Cash < 265,267.>
9 COP Const. Pooled Cash < 17,436.>
ol. Dev. Fees Pooled Cash < 119317.>
Fire Dev. Fees Pooled Cash 2471883.
P&R Dev. Fees Pooled Cash < 169,496 .>
Drain. Dev. Fees Pooled Cash 412,981.
Amapoa-Tec. Fee Pooled Cash 223, 844 .
Public Works Pooled Cash 417;457.
St. Main. Dist. Pooled Cash 46,224.
TDA Non-Transit Pooled Cash 202, 988.
Sewer Facilities Capital 1,788, 192.
Camino Real Const. Pooled Cash 521} 356.
Las Encinas Const. Pooled Cash 141,501.
3F Meadows Const. Pooled Cash 97; 013.
Santa Rosa A.D. #7 Pooled Cash 8,434.
TOTAL ALL FUNDS 2, 196,186. $5,496,514.
CASH WITH FISCAL AGENT
Camino Real Resr Cash $ 202, 864.
92 St. A.D. Resv Cash 45,565.
Wastewater Fund Cash 71, 025.
Camino Real Redm. Cash 79, 097.
92 St. A.D. Redm. Cash 3,464.
89 COP Debt Svc. Cash 325,435.
is TOTAL WITH FISCAL AGENT $ 727,450.
TOTAL RESTRICTED AND
UNRESTRICTED CASH $8,420, 150. 41001)01
INVESTMENTS
TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS, AND
LOCAL AGENCY INVESTMENT FUND
630/94
INTEREST
TIME DEPOSITS: AMOUNT RECEIVED (4 )
Orange County Investment Pool/IRAN $2, 069, 806 . $ 51,537 .
Orange County Investment Pool 5,300, 089 . 519, 144.
Local Agency Investment Fund 6 , 886. 1,986.
TOTAL TIME DEPOSITS $7,376,781. 572,667.
Mid-State Interest Received 5, 121.
TOTAL INTEREST RECEIVED $577,788. (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 $2, 000, 000. (plus interest $69, 806 TRAM (Tax
Revenue and Anticipation Note) , which is due in July, 1994 from this
Fund.
(4 ) June, 1994 interest yields were as follows:
Orange County 7.46%
LAIF 4.62%
Mid-State 2.05%
(5 ) This is actual amount deposited to City accounts through June 30,
1994, 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.
REPORT TO CITY COUNCIL Meetin Date: 7-26-94
CITY OF ATASCADERO Agenda Item: B-5
Through: Andrew J. Takata, City Manager
1 =
Via: Henry Engen, Director of Community Dev lopment f ,
From: Valerie Humphrey, Engineering DivisionjAl
SUBJECT:
Ii
Assessment District #7 - Santa Rosa Road
RECOMMENDATION:
Staff recommends that Council adopt Resolution No. 43-94 for
the placement of the annual assessment charge for District 7 on the
property taxes for Fiscal Year 1994-95.
BACKGROUND:
Assessment District No. 7 was formed this y' ar to provide
sanitary sewer service to a Cease and Desist Area on Santa Rosa
Road, Mountain View and Lakeview Drives.
I
After construction each parcel was assessed $8 , 434. 37 for the
cost of the sewer service extension. At that time residents were
given the option to pay the assessment up front or to make payments
for a period of 15 years at 5% interest. During the pre-payment
period six residents chose to pay the assessment in full and one
resident paid $7, 000 of the total. This charg is the first
installment on that assessment.
FISCAL IMPACT•
This District was funded by monies borr wed from the
Wastewater Facilities Account. Funds received from these annual
assessments will go towards repayment of that loan
Attachment:
Resolution No. 43-94 s
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RESOLUTION NO. 43-94
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT
NO. 7 (SANTA ROSA ROAD) ON THE PROPERTY TAXES FOR
FISCAL YEAR 1994-95
WHEREAS, Assessment District No. 7 was formed by Resolution
No. 132-93 on March 8, 1994; and
WHEREAS, funds expended for the improvement from the
Wastewater Facilities Account must be repaid through the levying of
assessments against all benefitting property owners.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero, as follows:
Section 1. The foregoing recitals are true and correct and
this Council so finds and determines.
Section 2 . The adoption of this resolution authorizes the
collection of the assessment for the fiscal year commencing on the
1st day of July 1994 and ending on the 30th day of June, 1995, said
assessments as listed on attached Exhibit A.
Section 3 . The City Clerk is hereby ordered and directed to
file a certified copy of the assessment roll with the County
Auditor, together with a certified copy of this Resolution upon its
adoption.
Section 5. The City Clerk is hereby ordered and directed to
file a certified copy of the assessment roll with the County Tax
Collector, together with a certified copy of this Resolution upon
its adoption.
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:
DATE:
Resolution No. 43-94
• page two
ATTEST• CITY OF ATASCADERO
LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON
City Attorney
APPROVED AS TO CONTENT:
• HENRY ENGEN
Director of Community Development
•
REVISED 7/22/94
Exhibit A
Resolution No. 43-94 •
ASSESSMENT DISTRICT #7
056-322-016 $828.58
056-322-019 828.58
056-322-020 828.58
056-322-021 828.58
056-322-027 828.58
056-322-026 828.58
056-322-007 828.58
056-322-006 828.58
056-322-032 828.58
056-321-006 828.58
056-321-007 828.58
056-321-021 828.58 •
056-321-020 828 .58
056-321-010 828 .58
056-261-051 828.58
056-261-058 828.58
056-261-059 828.58
056-261-062 828.58
056-261-055 828.58
056-261-054 828. 58
056-261-004 828.58
056-351-004 -0-
r
0(1000
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-6
Through: Henry Engen, A, Meeting Date July 26, 1994
Community Development
Director
From: Doug Davidson, Senior Planner File No: Cole Court
SUBJECT:
Consideration of a new road name, Cole Court, to s rve a five (5)
lot subdivision located at 8625 Portola Ave.
RECOMMENDATION•
Staff recommends that the name Cole Court be appro ed for the
cul-de-sac to serve Tract 2153.
BACKGROUND:
Tentative Tract Map 93004 (Tract 2153) was approved by the City
Council on April 26, 1994. The applicant and his engineer are in
the process of meeting the conditions
and recordin the tract
map. Condition #22 requires a road name to be est lished for
the cul-de-sac which will serve the subdivision.
According to a longstanding City policy, road names are to be of
Spanish orgin or in honor of a deceased person of historical
importance. Staff believes that a broad view of this this policy
can support the name Cole Court. Furthermore, the Fstreet name
does have a nice "ring" to it and is simple to pron unce and
spell. The Police and Fire Departments agree that he name does
not conflict with any existing street names and wil not hinder
emergency access in any way.
ATTACHMENTS: Letter of request
Resolution No. 73-94
I
'- -'ESTLAND
K1`,-5iGINEERDVG COMPANY
CONSULTING CIVIL EA'GINEERING&SURVEYING
75 ZACA LANE, SUITE 100 • SAN LUIS OBISPO, CA 93401
TELEPHONE: (805) 541-2394 • FAX:(805) 541-2439
Judy 5, 1994
Planning Department
City of Atascadero
5500 Palma Ave
Atascadero CA 93422
RE: mTT��T nm 71 S1 Dr1Ai C'C!1
tlL• 11\!1\.1 G1JJ - I nXTV0n
ROAD NAME
Dear Sirs:
Per Conditions #22 of the Conditions of Approval for Tract 2153,
we are hereby submitting a request to begin the process of naming
the road in Tract 2153.
We are requesting approval of the name "Cole" for the
cul-de-sac. We have chosen "Court" according to the County
ordinance for road naming, the street being a cul-de-sac under
200 feet in length. We are aware that this is not in strict
conformance with the City policy for road names, however we are
requesting an exception for first to . honor the son Mr . Boneso
lost last year and also that it is our intent to name the road
such that is it easily understood and spelled by future property
owners, local residents and emergency services personnel.
Further, as this road name is a requirement of the map, we are
requesting an exception from the standard fee for road naming in
the City, or at least a substantial reduction in fees.
Please let me know what further information you will need, if
any, to process this request, or if you have any questions,
please call me at 541-2394.
J li4eC fat t�ane
cc: Steve Boneso
hi r
JUL
..)V_MUNfTY DE%fE1.nPMENT
RESOLUTION NO. 73-94
is RESOLUTION OF THE ATASCADERO CITY COUNCIL DESIGNATING
A STREET NAME (COLE COURT) TO SERVE TRACT 2153
OFF OF PORTOLA ROAD
WHEREAS, Government Code Section 34091 . 1 establishes authority
for cities to designate or change the name of city '';,streets; and
WHEREAS, The Fire Department and Police Department have
reviewed the proposed road name and determined that it will facili-
tate emergency access and not conflict with any existing street
names; and
WHEREAS, Condition #22 of Tentative Tract Map „'„93004 requires
a new road name for the cul-de-sac serving the subdivision; and
WHEREAS, the City Council held a public hearing on July 26,
1994, to consider this matter.
NOW, THEREFORE, the Atascadero City Council does resolve,
declare, determine and order as follows :
Section 1 .
• The City Council finds that the granting of the request will
contribute to an orderly system for street naming.
Section 2 .
The City Council. of the City of Atascadero hereby approves the
request and establishes the street name of Cole Court as
indicated in attached Exhibit "A" .
Section 3 .
The City Clerk is directed to transmit a certified copy of
this resolution to the Board of Supervisors of San Luis Obispo
County.
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:
DATE ADOPTED:
Resolution No. 73-94
Page 2
CITY OF ATASCADERO, CA
R. DAVID BEWLEY, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
a
HENRY ENGEN
Community Development Director
I
RESOL6TION NO . 73-94
CITY OF ATA5CADERO EXH I B I T A
F m all COLE'' COURT ROAD NAME
°" COMMUNITY DEVELOPMENT (TRACT 2 1 5 3)
° DEPARTMENT
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REPORT TO CITY COUNCIL Agenda Ite B-7
CITY OF ATASCADERO
Through: Andy Takata, Cit Manager Meeting Dat : 7/26/94
Y 9 9
From: Russ Scotten, Interim Finance Director
SUBJECT: Adopting FY 1994-95 Annual Spending Limit.
RECOMMENDATION: Council adopt Resolution No. 75-94 establishing
a new annual spending limit for the City of Atascad ro.
BACKGROUND:
As part of the annual budget adoption process, the City' s FY
1994-95 -Annual Spending Limit, or the so-called "Gann Limit" must
be approved by Council. Staff has calculated the new limit based
on the formula set forth in Proposition 111 (approved by the
voters in June, 1990) . The methodology used is recommended by
the California League of Cities.
As a result of staff 's calculations, the limit will increase
to just under 4 percent, (3.58%) or an increase of 225,347.
(from $6,294,619 to $6,519,966) .
Based on the revenue projections for FY 1994-95, including
"excludable" items (i.e. , the General Fund' s portioa of debt
service on the C.O.P. bonds ) we expect to have a cu bion of
almost $1,415, 000. The table below sets forth the axact amounts.
FY 1994-95 SPENDING LIMIT
Proceeds from taxes $5,203,300
Less: Exclusions (Debt Service) (98,000)
Appropriations subject to limitation $5, 105,300
a I
New Spending Limit 6,519,966
Amount Under Limit 1,414,666
i
3
s
i
RESOLUTION NO. 75-94
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO ADOPTING THE FISCAL YEAR 1994-95
ANNUAL SPENDING LIMIT
WHEREAS, Proposition 111 revises the methodology used to
calculate the Annual Spending Limit; and
WHEREAS, the City of Atascadero must select the most
appropriate criteria to be used in calculating that new limit;
THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero:
Section 1. That the City of Atascadero elects to use the
following criteria for fiscal year 1994-95, in establishing its
new Annual Spending Limit:
County Population and California Per Capita Income.
Section 2. That the Annual Spending Limit is calculated as
follows:
FISCAL YEAR CURRENT LIMIT PERCENT CHANGE NEW LIMIT
1994-95 $6,294,619 0.358% $6,519,966
Section 3. That any judicial action or challenge must be
commenced within 45 days of the effective date of this
Resolution.
Section 4 . Documentation used in determining the Annual
Spending Limit is available to the public in the Office of the
Finance Director, Administration Building, Room 203, 6500 Palma
Avenue, Atascadero, California.
On motion by Councilmember , and seconded by
Councilmember , the foregoing resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADEAO
By
R. DAVID BEWLEY, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTIER R. MONTANDON, City Attorney
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-1
Through: Andy Takata, City Manager Meeting Dat : 7/26/94
From: Michael P. McCain, Fire Chief
SUBJECT:
a) Resolution No. 72-94- Confirming the cost of weed abatement.
b) Public hearing - Provides an opportunity for pr perty owners
assessed to voice objections. Any charges not paid prior to this
hearing or adjusted by Council as a result of the hearing will be
forwarded to the County Tax Collector for inclusion in the regular
property tax bill.
RECOMMENDATION:
It is my recommendation the administrative fee for w ed abatement
charges be set at 100%, and fees as shown on the a tachments be
accepted.
BACKGROUND:
On 4/26/94 Council adopted a resolution declaring that all noxious or
dangerous weeds or other flammable material that create a fire hazard
constitute a public nuisance and authorized the Fire Chief to proceed
with abatement. During the period from April 27 to May 10, notices
were mailed to property owners informing them of weed abatement
requirements.
A public hearing regarding appeals was held on 5/24/ 4. The weed
abatement contract was awarded at that meeting to rett's Tractor
Service to abate parcels which were not abated by property owners.
Abatement work began on June 6 and continued through my 19.
An itemized list of weed abatement assessments was p sted with the
City Clerk and at the Fire Station on 7/22/94. A total f 162 parcels
were abated.
I '
FISCAL IMPACT
No direct fiscal impact - $35,940.00 will be recovered through assess-
ments placed on property tax bills. II
def'; • ► y f-,
s
RESOLUTION NO. 72-94
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO CONFIRMING THE COST OF WEED
ABATEMENT
WHEREAS, the Government Code of the State of California,
Section 39500, et seq., provides that cities may declare weeds a public
nuisance for the purpose of Weed Abatement; and
WHEREAS, the Atascadero City Fire Department did abate said
nuisance within the provision of the government Code, Section 39500,
et seq.; and
WHEREAS, the cost of the work of abatement as shown on
Preliminary Special Tax Listing for 1994-95 Tax Year was submitted in
accordance with Government Code Section 39574; and
WHEREAS, the Council of the City of Atascadero received the
cost report and held a hearing to receive objections of any property
owners liable to be assessed for the work of abatement.
NOW, THEREFORE, BE IT RESOLVED that the report of
abatement cost is confirmed as presented; and
BE IT FURTHER RESOLVED that the costs of abatement
constitutes a special assessment against the described parcels and
shall be lien on the property in accordance with Government Code
Section 39577; and
BE IT FURTHER RESOLVED that the City is hereby directed to
transmit to the proper officials of the County a certified copy of the
report for filing.
On motion by Councilperson and seconded by
Councilperson , the foregoing Resolution is hereby adopted
in its entirety e Bret on the following
roll
Ycall vote:
AYES:
NOES:
ABSENT:
ADOPTED:
Resolution No. 72-94
Page 2
•
CITY OF ATASCADERO
By:
R. DAVID BEWLEY, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
i
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
MICHAEL P. MCCAIN, Fire Chief
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Y
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-2
Through: Andrew J. Takata Meeting Date: 07/26/94
City Manager
From: Henry Engen JA4E
Community Development Director
SUBJECT:
1993 Community Development Block Grant, Annual Performance Report.
RECOMMENDATION•
City staff recommends that the Council hold the public hearing and
accept comments and/or questions from interested parties .
i
i
BACKGROUND:
i
In 1993, the City of Atascadero applied for, and �fas awarded, a
Community Development Block Grant (CDBG) for the a quisition and
rehabilitation of a domestic violence emergency shelter. According
to the regulations that govern the CDBG Program, each year the City
must submit to the State Department of Housing and Community
Development an "Annual Grantee Performance Report. " This perform-
ance report is used to assess the degree to which the grantee has
completed the various activities, and whether the activities are
being completed in a timely fashion, are within budget, and are in
accordance with overall CDBG Program goals and objectives as
identified in the Grant Agreement.
I
This year' s report has been prepared by the City� s consultant,
Peoples ' Self-Help Housing Corporation. Grantees a e required to
hold at least one ( 1 ) noticed public hearing regarding the Grantee
Performance Report prior to submitting the report to the State, and
must allow interested parties to comment on the grantee ' s perform-
ance to date. A copy of the report must be included in the CDBG
Public Information file, along with a copy of the nice of public
hearing and the minutes of the meeting. The meetin has been duly
noticed, and there will be no fiscal impact on the ity.
f
i
HE :ph
cc: Peoples ' Self-Help Housing Corporation
9
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: D-1
e
Through: Andrew J. Takata Meeting D te: 07/26/94
City Manager
From: Henry Engenv
Community Development Director
SUBJECT:
Magnolia and Magdalena Avenues - Consideration of neighborhood
survey and recommendation on ending streets in cul-de-sacs as part
of Highway 41 realignment.
3
RECOMMENDATION•
Direct staff to forward a request to Caltrans to end these two (2 )
neighborhood streets in cul-de-sacs instead of connecting them as
part of the Highway 41 realignment.
BACKGROUND:
At the City Council ' s meeting of June 28th, staff rported on the
Highway 41 Community Advisory Committee' s recommendation to not
link these two (2 ) streets as part of the Highway 4 realignment.
Council also supported surveying the neighbors on Magdalena as to
their opinion on the matter. The neighbors on Magnolia had raised
the issue through submittal of a petition on support of separate
turnarounds instead of connecting it with Magdalena . The City' s
Police and Fire Departments are in support of the proposal, with
the City Engineer noting that it exceeds the standard for cul-de-
sac length. The environmental coordinator supports t is refinement
to the plans contained in Caltrans ' Environmental Impact Report, in
that it would avoid filling a ravine while saving some thirty-four
( 34) trees .
s
I
NEIGHBORHOOD SURVEY:
9
The enclosed neighborhood survey was submitted to some twenty
property owners on Magdalena Avenue . In respo se, thirteen
endorsed the cul-de-sac, one endorsed the loop, and there was one
"no opinion" for a total of fifteen responses .
HE :ph
Encl : June 30, 1994 - Magdalena Avenue Survey
I
c
I
it , CITY OF ATASCADERO
_ 1918 A a �" Bi 1979 F-' DEPARTMENT
COMMUNITY DEVELOPMENT DE
June 30, 1994
�v
Dear Magdalena Avenue Homeowner:
As you are aware, Caltrans is actively preparing plans for the
realignment of Highway 41 . Part of that project ' s conceptional
design from t:.e Environmk ental 7. taact epOrt _S for ilaCi101ia to be
connected to .Magdalena ( see attached E=R proposal sketch) . The
purpose of this cuestionnaire letter is to see if :you would prefer
ending your street in a cui-de-sac (as shown in the attached
Alternative sketch) .
For your background information, the citizen ' s on Magnolia have
cetitioned For the cul-de-sac sol .t-on. The City' s Route 4_
Community Advisory Committee supports that approach recognizing
that many trees would be saved since the ravine Mould not have to
be filled. The City Council would be able to request this chance
but would like to hear from the property owners first . So, we
:could appreciate your letting us know how you feel by returning t` e
attached cuestionnaire.
Please ca'_l me at 40'1-D09? _� you 1-ave any cues tions .
Henry Engen, Communi'1v Development Director
City of Atascadero
cc: Andy Takata, City :Manager.
Route 11 CO?LTT?L'.^.' ty AdV'_SOry C0nM4ttec
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MAGDALENA AVENUE QUESTIONNAIRE
Name:
Address:
Please check one box only:
❑ I prefer the EIR Proposal (Magnolia-Magdalena Loop) .
❑ I prefer the Alternative (Cul-De-Sac) .
(� No Opinion
U Other (Please Explain)
6500 PALMA AVENUE • ATASCADERO, CA 93422
Budding Permits:(805)461-5040 Planning:(805)461-5035 Enforcement:(805)461-5034 Director:(805)461-5097 Citv Fax:(805)461-0606
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