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AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
CiTY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
September 27, 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 hat 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 includs: A referral to
staff with specific requests for information; continuance; specific dirOction to staff
concerning the policy or mission 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 Hail 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: PLEASE SEE BACK PAGE
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CITY COUNCIL COMMENTS
o Proclamation: "Domestic Violence AwarenessMonth"(North County Women's
Resource Center)
COMMUNITY FORUM: Please see "Ru/es of Pubic Participation" (Back Page)
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A. 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 - August 9, 1994 (Cont'd from 9/13/94)
2. CITY COUNCIL MINUTES August 23, 1994 (Cont'd from 9/13/94)
3. CITY COUNCIL MINUTES - August 25, 1994 (EI Paso de Robles/Atascadero
Councils Joint Meeting) (Cont'd from 9/13/94)
4. CITY COUNCIL MINUTES - August 30, 1994 (Special Meeting) (Cont'd from
9/13/94)
5. CITY COUNCIL MINUTES - September 8, 1994 (Special Meeting)
6. CITY COUNCIL MINUTES - September 13, 1994
7. CITY TREASURER'S REPORT - July, 1994
8. TENTATIVE PARCEL MAP 94001, 8500 PORTOLA ROAD - Consideration of
a tentative parcel map application to divide an existing 1.35-acre (gross) lot into
two parcels of 0.54 and 0.68 acres (net) for single family residential use
(Maxson/Wilson Land Surveys)
9. TENTATIVE PARCEL MAP 93001, 4805 &5205 CARRIZO ROAD-Acceptance
of final parcel map to subdivide two existing lots containing 10.75 acres into
four parcels containing 2.63 acres, 2.64, 2.68 and 2.77 acres (Hawkins/Wilson
Land Surveys)
10. RESOLUTION NO. 104-94 - CalTrans seismic projects and impact on local
projects
B. PUBLIC HEARINGS:
1. MILLHOLLIN QUARRY - Status of financial assurances and revised reclamation
plan, pursuant to 12/14/94 Council action
2. RESOLUTION NO. 103-94 - Entering into a public extension reimbursement
agreement with In-N-Out Burger Corporation
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3. REQUEST TO AMEND THE ZONING TEXT TO ALLOW "BUSINESS AND VOCA-
TIONAL SCHOOLS" IN THE COMMERCIAL PROFESSIONAL ZONE (John
Shahan):
A. Ordinance No. 281 - Amending the official Zoning Ordinance text to
allow "business and vocational schools" in the Commercial Professional
(CP) Zones
(Recommend (1) motion to waive reading in full and read by title only,
and (2) motion to introduce on first reading by title only)
C. REGULAR BUSINESS:
1. DESIGNATE COUNCIL VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE
D. 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/S.L.O. Regional Transit Authority
2. City/School Committee
3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
4. Economic Round Table
5. Finance Committee
6. Highway 41 Realignment Community Advisory Comrnittee
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Attorney
3, City Clerk
4. City Treasurer
5. City Manager
F. CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
Name of case: Hart v. City
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RULES OF PUBLIC PARTICIPATION:
The City Council welcomes and encourages your ideas and
comments .as a citizen. To increase the effectiveness of your
participation, please familiarize yourself with the following rules of
decorum:
o Members of the audience may speak on any item on the agenda, in the order
the item(s) are addressed by the Council, as directed by the Mayor. Items not
on the agenda should be submitted during the Community Forum period (see
below).
o Persons wishing to speak should step to the podium and state their name and
address, for the official record.
o All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
o No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
o A person may speak for five (5) minutes.
o No one may speak eak for a second time until everyone wishing to speak has had
an opportunity to do so, and no one may speak more than twice on any item.
o Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
o The floor will then be closed to public participation and open for Council
discussion.
COMMUNITY FORUM:
o The Community Forum period is provided to 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.
'Domestic Violence Awareness Moi ith-
October, 1994
WHEREAS, Every 13 seconds in the United States, an incident of violence occurs against
a woman by her partner, recognizing that men can also be victims o f dom stir violence; and
WHEREAS, Most people ftel he�less, a f raid, embarrassed andquilq after ter someone in their
family beats them, emotions that often foster the belief that violence will never happen again, keeping
victims from taking any action; and
WHEREAS, Domestic violence affects not only the couple involved but also any children who
witness it, making it imperative that we take steps to stop the violence so hat future generations
will not grow up to be victims or batterers; and
WHEREAS, Domestic violence not only endangers family members t also permeates and
threatens all levels of society in epidemic proportions; and
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WHEREAS, The District Attorneys Victim/Witness Assistance enter, The Womews
shelter Program, Inc. of San Luis obispo county and the North County omen's shelter offer a
variety of services to victims of domestic violence and their children; and
WHEREAS, A collaboration of efforts by several local agencies, including the Bar
Association, has resulted in the successful implementation of a Temporary Restraining order Clinic
for Domestic violence victims; and
WHEREAS, By learning more about domestic violence and the se i ices available to our
citizens, we are taking active steps to protect ourselves from violence and joi i with others to make
San Luis obispo county a safer place to live.
NOW, THEREFORE, The City Council of the City of Atascadero joins with Governor Pete
Wilson in recognizing October 1994 as "Domestic Violence Awareness Month-.
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R. DAVID BEWLEY, Mayor
City of Atascadero, Ca�ornia
September 27, 1994
4µCOUNTY WO
4 p MFtis
P.O. BOX 2155 ATASCADERO,CA 93423 (805)461-13
CURCE C'EN���
September 19, 1994
Dave Bewley, Mayor
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mayor Bewley:
I am writing to request that the City of Atascadero join Governor Pete Wilson
in proclaiming October 1994 as "Domestic Violence Awareness.Month."
The Board of Supervisors for San Luis Obispo County is also adopting a
resolution designating October 1994 as "Domestic Violence Awareness Month."
(see attached) .
A similar resolution adopted by the City of Atascadero would be most
appreciated.
Sincerely,
Eileen Allan
Director
Agenda Item: A-1
Meeti g Date: 09/13/94
ATASCADERO CITY COUNCIL
AUGUST 9, 1994
MINUTES
I
The Mayor called the meeting to order at 7:00 p.m. The Pl�dge of Allegiance
followed.
ROLL CALL:
Present: Councilmembers Carden, Highland, J hnson, Luna and
Mayor Bewley
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer
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Staff Present: Andy Takata, City Manager; Henry ngen, Community
Development Director; Art Montandon, ity Attorney; Brad
Whitty, Finance Director; Lt. Bill Watton, Police
Department, Mark Markwort, Chief Waste Water
Operations; and Kelly Heffernon, Administrative Analyst
COUNCIL COMMENTS:
Mayor Bewley welcomed Councilman Highland back from vacati �n.
COMMUNITY FORUM:
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Ray Jansen, 6655 Country Club Drive, continued comments from previous meetings
encouraging youth participation in the improvement of the Masonic Temple as a
recreation center. He called for a fund-raising effort that would empower the youth
to raise a dollar a month per donor in groups of twenty-five child en interconnected
with adult leaders and groups citywide that would raise money fo the youth center.
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€!Y
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - July 26, 1994
2. RESOLUTION NO. 77-94 - Designating a stop sign on Atascadero Mall at
Atascadero Avenue
3. RESOLUTION NO. 78-94 - Designating a stop sign on La Canada at Del Rio
4. TENTATIVE PARCEL MAP 11-90 , 8065 AMAPOA -Acceptance of Final Parcel
Map to subdivide one lot into four (4) airspace condominiums and a common
area (Shutt)
5. TENTATIVE PARCEL MAP 12-90, 8045 AMAPOA - Acceptance of final Parcel
Map to convert an existing four-unit project into airspace condominiums (Shutt)
6. SCHEDULE DATES FOR INTERVIEWING APPLICANTS TO THE PLANNING
COMMISSION AND TRAFFIC COMMITTEE
7. RESOLUTION NO. 82-92 -Adopting increased stipend for the elected City Clerk
MOTION: By Councilman Luna, seconded by Councilman Highland to
approve the Consent Calendar Items #B-1 through 7, with
correction to Council Minutes of July 26, 1994 relative to
councilmembers present; motion carried unanimously.
B. PUBLIC HEARINGS:
1. SOLID WASTE PLANNING (AB 939)
A. Resolution No. 80-94 - Adopting the Source Reduction and Recycling
Element (Cont'd 2/22/94)
B. Resolution No. 81-94 - Adopting the Household Hazardous Waste
Element (Cont'd 2/22/94)
C. Resolution No. 79-94 - Adopting the Nondisposal Facility Element
(Staff recommends continuation of Items A & B to the 8/23/94 City Council
meeting)
Henry Engen presented the staff report and background for preparation of these
documents mandated by AB 939. He recommended that the public hearing on
Resolution Nos. 80-94 and 81-94 be postponed until after the joint meeting with the
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Paso Robles City Council, together with allowing the City Attorney to further review
some issues regarding the environmental impact report (EIR). Resolution No. 79-94,
he concluded, was recommended for action.
Mr. Engen noted that Ruth Abbey, BBA Consultants, Steve Dewencenzi of the San
Luis Obispo Council of Governments (COG) and Kelly Heffernon who served on the
Solid Waste Technical Advisory Committee, were present and avpilable to respond to
questions. Discussion ensued regarding Item #C-1(C), proposed Resolution No. 79-
94.
Steve Devencenzi, Solid Waste Planner with COG, updated the 'City Council on the
status of the plan in other jurisdictions. He noted that the Board of Supervisors had
adopted the document that morning. He complimented the city's'efforts, through the
city's Recycling Committee and emphasized that the plan was a''menu for programs
that could be selected at the future discretion of the City. Hie confirmed staff's
previous indication that adopting the plan does not commit the City to join the
countywide joint powers agreement (JPA); although, he added, that would be
welcomed by COG. He noted that other arrangements, including a North County JPA,
would also be available for plan implementation.
Councilman Luna questioned whether the City's cost, as reflected';in Exhibit "B", were
derived from countywide averages or from North County data. He was assured that
the information was based on the North County waste shed, therefore, it did not
reflect the higher cost for South County problems.
Mayor Bewley then opened the meeting to the public; there were no public comments.
Following discussion, Council concurred to continue Resolution Nos. 80-94 and 81-94
to a future date following the re-scheduled joint City Council meeting with the City of
Paso Robles. (Note: At the conclusion of the meeting, the joint session was tentatively set for August
25, 1994).
MOTION: By Councilman Luna, seconded by Councilman Johnson to
approve Resolution No. 79-94 adopting the Nondisposal Facility
Element; motion carried unanimously.
C. REGULAR BUSINESS:
1. GENERAL PLAN STUDY SESSION - To review the Urban Services Line policies
and possible initiation of amendments to the Land Use Element
Henry Engen presented the staff report noting that Council had requested, at their last
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meeting, a discussion of the Urban Service Line (USL) with a view to possibly
initiating amendments to the City's General Plan. Included in the agenda packet were 40
excerpts of the City's General Plan pertaining to USL policies together with General
Plan maps and excerpts from the Final EIR relative to possibly expanding the USL.
Discussion and questions followed regarding land use implications of adjusting the
USL, attendant costs, environmental impact possibilities and consultant costs,
together with the ability of the sewer system to be expanded.
Public Comments:
Leo Korba, 10905 Santa Ana Road, questioned the direction that Council may be
giving to staff with respect to high and low density development. He wondered
whether the Atascadero State Hospital is being considered as part of the long range
plan and encouraged contemplation of the Highway 41 bridge as part of the update.
---End of Public Testimony---
MOTION: By Councilman Carden, seconded by Mayor Bewley to initiate and
expedite a General Plan update which would incorporate the south
end specific plan area in the USL and review for potential
commercial development property lying between Highway 101
and EI Camino Real; to expand the USL in the north portion of El
Camino Real to include at a minimum those properties directly
facing EI Camino Real and potentially look at expanding further to
the east in that area; look at expanding the USL west of Highway
101 on Del Rio Road; potentially re-zoning that area directly east
of El Camino Real in the area of Santa Ysabel for long-range
planning; and to consider condensing the number of commercial
designations; to change the current Neighborhood/Commercial on
EI Camino Real to Commercial/Retail language. Motion carried on
a roll call vote 3:2 (Councilmembers Highland and Luna).
Councilmembers Johnson and Highland indicated that he would like to see clarification
of the various components of the motion and the cost implications associated with
each phase. Henry Engen reported that staff would prepare an environmental analysis
and solicit requests for proposals regarding each component.
Councilman Luna raised the need for neighborhood meetings to inform the public of
what is being proposed. Mayor Bewley indicated support. Councilman Johnson
remarked that the first step is to find out what the proposal will cost. Councilman
Luna agreed.
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MOTION: By Councilman Carden, seconded by Councilman Johnson to
delete the Santa Ysabel study area; motion carried 5:0 by ro//ca//
vote.
Henry Engen clarified that staff's direction is to prepare an environmental review of
the proposed General Plan amendment offered, including: 1) looking into consolidating
some of the commercial designations, 2) expanding the USL to Santa Barbara Road
at the south end of town and to designate the 62 acres that is in for a General Plan
Amendment now as commercial, 3) to expand the USL along EI'Camino Real up to
and including anything that fronts EI Camino Real within the 'USL (including the
Rochelle property), 4) look at expanding Del Rio Road on the west:'side of the freeway
(Hemingway property) and 5) look at what the land uses might be with that change.
Although staff would prepare the environmental analysis, he added, it would be
necessary to contract for preparation of the EIR.
Councilman Luna asked that these costs be included as part of';the budget. Andy
Takata indicated that he would meet with staff and work up some preliminary figures
to include in the budget. He pointed out that the City Council will have to authorize,
before expenditure of any funds, the contract for the consultant to prepare the EIR.
D. COMMITTEE REPORTS:
• Andy Takata summarized the changes associated with relocating and consolidating
the committee reports to the end of the Council's agenda.
1. S.L.O. Council of Governments (COG)/Regional Transit Authority (SLORTA) -
Councilman Carden reported that there had been a comm ndation for Robert
P. Nimmo at the last meeting for his services on that body;. He noted that he
had proposed that COG staff look into certifying the population of Paso Robles,
Templeton and Atascadero as containing 50,000 people and thereby providing
localities eligibility for hundreds of thousand of dollars more in transportation
project assistance. -
E. INDIVIDUAL DETERMINATION/AND OR ACTION:
1. City Council
Mayor Bewley appointed Councilman Carden as the representatives to the Air Pollution
Control District (APCD) and Councilman Highland as the alternate.
Councilman Carden indicated that he would be on vacation for most of the month of
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September.
2. City Manager
er
Andy Takata noted that the Council meeting of August 23, 1994 would begin at 6:00
p.m. to consider the City's budget.
F. ADJOURNMENT:
The City Manager indicated that the City of Paso Robles had requested, due to the
death of Paso Robles City Councilmember Steve Martin's mother and pending funeral
arrangements, that the planned joint meeting of the city councils be rescheduled.
Staff, he added, was seeking to re-schedule that meeting for Thursday, August 25,
1994. He recommended that the public hearings relating to the solid waste planning
matters (C-1 (A) & (B)) continued earlier be conducted on that same date, immediately
following the joint study session and the City Council concurred.
THE MEETING WAS ADJOURNED AT 8:38 P.M. THE NEXT MEETING WILL BE
TUESDAY, AUGUST 23, 1994 AT 6:00 P.M.
MINUTES RECORDED BY:
Ake��
HENRY ENGEN, V-OMMUNfrY DEVELOPMENT DIRECTOR
MINUTES PREPARED BY:
LEE PWI �E, City Clerk
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Agenda Item: A-2
Meeting Date: 09/13/94
ATASCADERO CITY COUNCIL
AUGUST 23, 1994
MINUTES
0
The Mayor called the meeting to order at 7:00 p.m. Councilpeison Carden led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Carden, Highland, Johnson, Luna and
Mayor Bewley
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer 3nd Lee Price, City
Clerk i
Staff Present: Andy Takata, City Manager; Henry Engen, Community
Development Director; Art Montand n, City Attorney;
Brady Cherry, Director of Commun ty Services; Brad
Whitty, Finance Director and Lt. J hn Barlow, Police
Department
COUNCIL COMMENTS:
Councilman Carden made the following motion:
MOTION: By Councilman Carden, seconded by Councilman Johnson to
appoint a Council committee to research and estimate staff time
and cost to prepare an environmental impact report relating to
Council action of last meeting regarding initiating a General Plan
amendment that would possibly expand the Urban Service Line.
Discussion on the motion: Councilman Luna asked I he City Attorney to
advise if this matter could be acted upon when it is not on the agenda.
Art Montandon commented that as long as the Council did not make
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specific appointments, it would be permissible. Councilman Highland
indicated that he did not believe it was necessary to form a Council
committee for this purpose because it is the responsibility of the staff to
prepare such estimates. Councilman Luna agreed. Mayor Bewley stated
that he supported the idea of forming a Council sub-committee to meet
with staff before any money is spent. The City Attorney asked staff if
they had begun to compile the information. Mr. Engen answered
affirmatively and noted that discussions have begun with the EIR
consultant. The City Manager reported that he will work with staff and
bring back cost information for each component of the action.
The motion was withdrawn by the maker and the second. By mutual
consent, the City Council directed staff to bring back the pertinent
information.
The Mayor and members of the Council individually expressed appreciation to the
Atascadero Fire Department, the Police Department, all City departments, other
emergency service agencies and the community at-large for their responses during the
Highway 41 fire.
Councilman Luna announced that plans for restoration and re-vegetation would be
presented at the Santa Margarita Grammar School on Wednesday, August 24, 1994
at 7:30 p.m. He also shared that strategies for rebuilding and opportunities for
networking with other fire victims would be offered at the same location on Sunday,
August 28, 1994 at 1 :00 p.m. Councilman Luna suggested that staff review with the
councilmembers certain sections regarding information and communication
management in the City's Emergency Plan for greater clarity.
Councilman Highland proposed that an expression of appreciation to all firefighters
statewide be placed in the State Firefighters Association magazine.
Mayos Bewley reported that staff was requesting the addition of an urgency matter.
to the Regular Business agenda. -
MOTION: By Councilman Highland, seconded by Councilman Luna to add
Regular Business Item #C-5, Resolution No. 87-94 proclaiming the
existence of a local emergency; motion passed 5:0 by roll call.
PROCLAMATION:
Mayor Bewley read the proclamation entitled, "Celebrating Escuela del Rio's 20th
Anniversary" and presented it to Shari Fontane, Executive Director of Escuela del Rio.
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Councilman Johnson remarked that the school's program offers a wide scope of
. services and is a valued asset to the community.
COMMUNITY FORUM:
Eric Greening, 7365 Valle, suggested a Council policy be adopted whereby staff
cannot be directed to do any substantial work at a priority level without full
responsibility for telling staff what can and what cannot be done: He also expressed
appreciation to emergency service personnel for protecting the City during the
Highway 41 Fire.
Rosemary Dallion, representing the Long Term Care Ombudsman Services of San Luis
Obispo, asked to address the Council regarding their community funding request.
Mayor Bewley invited her to speak during the public hearing portion of Item #C-1 .
(See page 4).
Michael Kovacs, 1439 Mesa Road, welcomed new councilmemb'ers and asked what
is the action plan for maintaining Atascadero as the #1 place in America to live.
A. CONSENT CALENDAR:
1. RESOLUTION NO. 84-94 - Authorizing approval of a letter agreement for
special district administration
2. APPROVE PAYMENT OF AUDITED BILLS AND PAYROLL FOR THE MONTH OF
JULY, 1994
3. TENTATIVE PARCEL MAP 06-91, 6905 ATASCADERO AVE. - Acceptance of
final parcel map to create a four-unit residential condominium project
(Bock/EMK)
4. TENTATIVE TRACT MAP 93004, 8625 PORTOLA RD. - Acceptance of final-
tract
inaltract map to subdivide one parcel containing approx. 3.2 ac. info five lots
containing approx. 25,000 sq. ft. each for construction of single family
residences (Boneso/Westland Engineering)
Mayor Bewley pulled Item #A-4 noting that he had a potential conflict of interest and
would step down from taking any action on this item.
MOTION: By Councilmember Highland, seconded by Councilmember Luna
to approve Consent Calendar Items #A-1 , 2 & 3; motion carried
unanimously by roll call vote.
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Mayor Bewley stepped down. Mayor ProTem Highland called for a motion on Item
#A-4.
MOTION: By Councilman Carden, seconded by Councilman Johnson to
approve Consent Calendar Item #A-4, Tentative Tract Map
93005; motion carried 4:1.
The Mayor returned to his seat.
B. PUBLIC HEARINGS: None Scheduled.
C. REGULAR BUSINESS:
1. COMMUNITY AND NON-DEPARTMENTAL GROUP FUNDING REQUESTS -
Request for staff direction
Brad Whitty, Finance Director, provided introductory remarks. City Treasurer Micki
Korba read a prepared statement (see Exhibit "A") requesting a delay in taking action
on community agency funding requests. The City Manager explained that no formal
action is being requested at this time and mentioned that staff was seeking direction
from the Council about what to include in this year's budget. Mr. Takata noted that
the entire budget package will be reviewed on August 30, 1994 in a special study
session. .
Public Comments:
Rosemary Dallion, Long Term Care Ombudsman Services of San Luis Obispo County,
spoke in support of a donation to the agency and submitted a letter from Gari D.
Cave, Program Coordinator (see Exhibit "B").
Eileen Allan, Director of North County Womens' Resource Center and Shelter,
expressed appreciation to the Council for its' past support. She also provided an-
overview of services and a status report on the shelter. Mrs. Allan urged1he Council
to grant continued support.
Biz Steinberg, Executive Director of the Economic Opportunity Commission (EOC),
voiced appreciation for past support of EOC programs and asked for funding support
for a new program to provide women over the age of 40 years with medical care
services.
George Schroff, 8740 EI Camino Real #B, spoke in favor of assisting the San Luis
Obispo Homeless Shelter.
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Martha Nichols, Senior Nutrition Program, thanked the City Council for past support
and endorsed staff's recommendationfor fundingthis . She 'outlined the various
year. a sous
II, . programs including the Meals-on-Wheel food service program and expressed gratitude
to the many citizens from Atascadero who volunteer their time to deliver daily meals
to the elderly.
---End of Public Testimony---
Councilman Luna asserted that he was very grateful to all the volunteers and agencies
for providing services that help the City of Atascadero. He added that he hopes that
Council will be able to fund as many requests as possible.
Councilman Johnson commented that the City of Atascadero reaches out to help
others and vowed that the Council will continue to look for ways to strengthen the
City's financial resources so that it can continue to provide some level of assistance.
By consensus, the City Council continued the discussion until the budget study
session scheduled for Tuesday, August 30, 1994.
2. RESOLUTION NO. 71-94 - Establishing Authorized Positions and Salary
Schedule for Fiscal Year 1994/95
By consensus, the City Council continued this matter 'to the meeting of
September 13, 1994, when it is anticipated that the 1994-95 budget will be
adopted.
3. AD HOC DEVELOPMENT REVIEW COMMITTEE - Consideration of Council
subcommittee's recommendations (Cont'd from 7/12/94)
Henry Engen provided the staff report and overview of the ';ad hoc committee
recommendations.
Councilmember Luna asked the City Attorney to comment on what impact the "Brown
Act" will have on such an ad-hoc committee. Art Montandon advised that all
committees created by formal action of the Council are subject to the Brown Act
provisions. Councilmember Luna asked staff if there will be a tour of the Planning
Department and, if so, how the tour will be conducted in accordance with the Brown
Act. Mr. Engen reported that a tour was planned. The City Attorney explained that
this tour must be noticed and advised that the public can attend it and any meetings
of the committee. He clarified that although the public is, invited, it may not
necessarily participate in the discussions.
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Councilman Luna remarked that while the names nominated for membership on the •
committee are worthy, they are almost exclusively pro-development. He said that he
has some serious concerns about the outcome and had hoped for more balance. For
these reasons, he concluded, he will not support the proposed composition of the
committee.
There were no comments from the public.
MOTION: By Councilman Highland, seconded by Councilman Johnson to
appoint the committee as proposed; motion passed 4:1 (Luna).
Councilman Highland asked if another motion was needed to approve the committee's
purpose. The City Attorney indicated that the previous motion implies support unless
the Council wishes otherwise. There was no further action.
4. POTENTIAL SKATEBOARD PARK - Status report/Request for direction by
Community Services Director
Brady Cherry provided background and the staff report. He recommended that the
Council remain open on the concept and appeal to the community for help raising
funds and providing volunteer services. He highlighted several current recreational
projects that involve private sector funding to accomplish.
Councilman Johnson complimented skateboard park sub-committee member George
Beatie and others for their hard work. He asked staff if there are recreational
programs that can be replaced rather than continuing to adding new programs. Brady
Cherry reported that his staff is looking at recreation service levels, are reviewing
programs and have made some decisions to eliminate unsuccessful ones. He noted
that it is easier to allocate in-kind staff support instead of funds for start-up costs of
new programs.
Councilman Johnson remarked that while he is philosophically in favor of the
skateboard park concept, he is financially unable to support it at this time.
Councilman Luna asked questions regarding park start-up costs. Brady Cherry
summarized the materials for construction needed. Councilman Luna pointed out that
skateboarders have asked the City, in the past, to provide this before. He indicated
that it may now be time to involve the community and seek their monetary support.
Art Montandon provide legal advice regarding liability. He provided an overview of
recently adopted State Law and suggested that the City Council may want to consider
an ordinance requiring safety gear and on-site signage. Mr. Montandon clarified that
CC 08/23/94
Page 6
such an ordinance would provide additional and significant protection (although not
immunity) for the City. Councilman Luna proposed that staff be instructed to draft
such an ordinance and bring it back for Council consideration. Councilman Johnson
agreed.
By consensus, the City Council directed staff to draft an ordinance that
supports new State statutes. The Council agreed to support the park concept
with the help of the community. (No funding approved).
5. RESOLUTION NO. 87-94 - Proclaiming the Existence of a Local
Emergency.
Andy Takata provided the introduction and background. He explained that the
resolution must be adopted within seven (7) days of the calling of the emergency.
MOTION: By Councilman Highland, seconded by Councilman Luna to adopt
Resolution No. 87-94; motion passed 5:0 by roll call.
D. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports will be given, as felt necessary.):
1. Highway 41 Realignment Community Advisory Committee - Henry Engen
reported that the committee had met on August 18, 1994. Caltrans
representatives presented alternative sketches for three sound walls and
a garden wall concept is being considered. He explained that meetings
are being planned with residents of various surrounding neighborhoods.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilman Highland reported that he had received communications from someone
who claims that they were refused an application for annexation. He stated that he
was not aware of any Council authorizing that kind of action and indicated to the
public that all citizens are afforded the right of applying for processes allowed for by
City ordinances.
Councilman Carden remarked that his support for initiating a General Plan amendment
expanding the Urban Service Line is to improve the financial credibility of the City.
He commented that the City is a business and the number one priority must be to
generate income. He challenged the staff to find the most efficient ways to allow the
City to give businesses outside of this community and within the community the
CC 08/23/94
Page 7
signal that the City is willing to assist, is not willing to subsidize, is willing to work .
with businesses, rather than deter business, and that it is realistically going to pursue
those activities that will build a sound financial base.
Councilman Luna emphasized that an equally important challenge is the preservation
of Atascadero's most valuable asset: the rural character of the community. He noted
that he while it is important to enhance the economic climate, it is best to provide for
balance.
2. City Clerk
Lee Price asked the City Council to schedule a date for interviewing applicants for the
Parks & Recreation Commission and the Community Services Foundation Board of
Directors. The Council agreed to meet in a special session on Thursday, September
8, 1994 commencing at 4:30 p.m.
3. City Treasurer
Micki Korba urged quarterly meetings of the Finance Committee. Councilman Luna
reported that Wednesday afternoons during the Fall Quarter are preferable.
4. City Manager
Andy Takata announced that the Budget Study Session would follow the Planning
Commission interviews on Tuesday, August 30, 1994 at approximately 8:00 p.m.
He also mentioned that the League of California Cities Annual Conference is scheduled
for October 23-25 and asked councilmembers to let staff know if they will be
attending so that necessary arrangements can be made. The City Clerk noted that a
voting delegate will need to be chosen by the Council at their meeting of September
27, 1994.
At 8:40 p.m., the Mayor adjourned to Closed Session.
F. CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATOR
The City Council met in Closed Session for purposes of meeting with the City's Labor
Negotiator:
Negotiator: City Manager
Employee Organizations: Service Employees International Union; Atascadero
Police Officers Association; Atascadero Sergeants Service Organization;
Atascadero Safety Technicians Organization;Mid-Management Bargaining Unit.
CC 08/23/94
Page 8 i
The City Council adjourned Closed Session at 9:20 p.m. The City Manager
Is announced that the City Council gave the labor negotiator direction regarding labor
nego tia tions.
THE CITY COUNCIL WILL MEET IN A SPECIAL JOINT MEETING WITH THE PASO
ROBLES CITY COUNCIL AT 7:00 P.M. ON THURSDAY, AUGUST 25, 1994, TO
DISCUSS: 1) ECONOMIC DEVELOPMENT IN THE NORTH COUNTY, 2) SOLID
WASTE ISSUES AND PLANNING, AND 3) PROPOSED EXPANSION OF THE SALINAS
RIVER DAM. SAID MEETING WILL BE HELD AT THE ATASCADERO LAKE PARK.
PAVILION, 9315 PISMO STREET, ATASCADERO, AND IS OPEN, TO THE PUBLIC.
MINUTES RECORDED AND PREPARED BY:
LEE PRICE, City Clerk
Attachments: Exhibit "A" - Korba
Exhibit "B" - Ombudsman
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Page 9
8/23/94 EXHIBIT 'A'
MAYOR BEWLEY AND COUNCILMEMBERS
AS THE ELECTED TREASURER, ANSWERABLE TO THE VOTERS OF ATASCADERO, I MUST
COMMENT ON THE REQUESTS FOR COMMUNITY FUNDING THAT YOU ARE BEING ASKED TO
VOTE ON AT THIS TIME.
I BELIEVE IT IS MY RESPONSIBILITY TO ASK YOU ALL TO LOOK AT THE PRESENT
FINANCIAL CONDITION OF OUR CITY AND WHAT CAN BE CONSIDERED "PRUDENT"
MANAGEMENT. 2 1/Z YEARS AGO, I SENT AN URGENT MEMO TO THE THEN COUNCIL
MEMBERS WARNING THAT OUR EXPENDITURES WERE EXCEEDING OUR REVENUES. WE
ARE LUCKY TO EVEN BE OPERATING NOW AS A CITY- LUCKY THAT WE MANAGED TO
FLOAT 3 ANNUAL TRANS THAT ALLOWED US TO HAVE OPERATING FUNDS, BUT THESE
ARE BORROWED MONIES. WE ARE IN A STATE OF FLUX. WE HAVE JUST HAD A MA-
JOR EMERGENCY. WE DO NOT HAVE OUR '93-'94 AUDIT REPORT , HAVE NOT YET
ADOPTED A BUDGET FOR '94-'95, AND JUST RECENTLY RECEIVED OUR '92-'93 AUDIT
REPORT. DOES ANYONE REMEMBER THE '92-'93 AUDIT REPORT? WE ALSO CANNOT
BE SURE WHAT STATE ACTION MAY=AIT_US.
THE FINANCE COMMITTEE DID NOT MEET PRIOR TO LETTERS BEING SENT OUT
INVITING APPLICATIONS FOR COMMUNITY FUNDING. IF WE HAD, I WOULD HAVE
RECOMMENDED THAT ANY REQUESTS BE DEFERRED UNTIL WE COULD BETTER ESTABLISH
THE STATE OF OUR FINANCIAL CONDITION. HOW LONG CAN WE "ROB PETER TO PAY
PAUL"?
SINCE I DO NOT CONSIDER IT "PRUDENT" FINANCIAL MANAGEMENT TO MAKE
DONATIONS WITH BORROWED FUNDS, I WOULD ASK THE COUNCIL TO DEFER ANY
COMMUNITY GRANTS--EXCEPT 2 THAT GIVE US IN KIND-MORE THAN WE GIVE IN
CASH (A.A.R.P. & C.O.C.). MIDYEAR OR JANUARY, WE WILL HAVE A BETTER
IDEA AND OVERVIEW OF OUR TOTAL FINANCIAL PICTURE. .AMOUNTS SUCH AS
$4,000, $5,000, AND $10,000 ADD UP TO A NOT INSIGNIFICANT FIGURE. .
PAGE TWO
EXHIBIT 'A'
WE NEED A RESERVE FUND, AN ESTABLISHED CONTINGENCY FUND. ' I COULD
NAME
OTHER THINGS, BUT WE CAN'T KEEP OPERATING BY THE SKIN OF OUR TEETH OR
SEAT OF OUR PANTS AND DO WISHFUL THINKING. WE NEED TO FACE FACTS; TO
WAIT, EVALUATE, ESTABLISH PRIORITIES, AND SEE HOW THE OUTLET CENTER HELPS
US. WE NEED TO LOOK AT EFFICIENT OPERATIONS AND VERY IMPORTANTLY PRESERVE
AND PROTECT OUR EXISTING ASSETS--ONE VERY IMPORTANT ONE BEING THE CONTINU-
ATION OF OUR ZOO WHICH BRINGS PEOPLE TO ATASCADERO.
WE ARE DEFINITELY ON THE MAP NATIONWIDE WITH ALL THE PUBLICITY OF THE
FIRE.
MY REQUEST TO WAIT MAY NOT BE POLITICALLY RIGHT BUT IT ';IS FINANCIALLY
WISE, REALISTIC AND PRACTICAL. ALSO, IT MAY WELL BE TIMES-UNTIL WE ARE
IN A MORE FAVORABLE FINANCIAL CONDITION - TO EXPECT PEOPLE AND GROUPS TO
BE MORE RESOURCEFUL AND OBTAIN FUNDING FROM PRIVATE SOURCES---SUCH AS
. CHURCHES AND CLUBS OR OTHER ORGANIZATIONS TO FILL THE GAP.
I WISH WE COULD FUND ALL REASONABLE REQUESTS,WHETHER IT IS FOR CHILDREN,
SENIORS, ANIMALS OR JUST PLAIN COMMUNITY BETTERMENT, BUT 'JUGGLING FUNDS
BACK AND FORTH, BORROWING, ETC. , IS NOT A RATIONAL SOLUTION.
LET'S TRY TO MAKE THIS CITY FINANCIALLY VIABLE AND INDEPENDENT. THEN,
WE CAN AFFORD CONSIDERATION OF OTHER NEEDS.
IF ANYONE HAS ANY QUESTIONS OR NEEDS FURTHER EXPLANATION, PLEASE
FEEL FREE TO CONTACT ME!
MURIEL "MICKI" KORBA
t'
EXHIBIT 'B"
LONG TERM CARE
OMBUDSMAN SERVICES
OF SAN LUIS OBISPO COUNTY
520 PINEY WAY
MORRO BAY,CALIFORNIA 93442
TELEPHONE (805) 772-3059
I a
AUG Z Z 1994
August 22, 1994 CITY OF ATASCADERO
CITY CLERK'S OFFICE
Dear Mr. Scotten and Members of the Atascadero City Council:
The Long Term Care Ombudsman Program of San Luis Obispo County is
requesting financial aid for the 94/95 Fiscal Year. Atascadero is the most heavily
served town in our County with Residential Care Facilities, Skilled Nursing Facilities,
and Developmentally Disabled Adult Facilities including Adult Day Care. We
acknowledge your funding participation on the back of our brochures even though we
have never received your support (We keep expecting that to be corrected with each
year's application).
The Ombudsman Program is Mandated to respond to any abuse complaint in
a D.D.A. facility, investigate, confirm, gather information, resolve if possible or report to
the proper Agency and report findings and conclusions to Sacramento. Our Mandate
for Skilled Nursing and Residential Care facilities is to accept, confirm, investigate and
resolve complaints while ensuring that resident's rights are met and that they are
getting the services to which they are entitled. An Ombudsman MUST be present for
any Durable Power of Attorney for Health Care or any Transfer of Property to be
signed. We work cooperatively with local law enforcement, state licensing, the
Attorney General's office and Adult Protective Services, facility staff, and the families
of residents.
Ombudsman aim to establish a rapport with the residents of long-term
.(*a
wou-.0,J0,0
JAREA cy-00*0
AGENCY
ONAGING A NON-PROFIT UnfMey
TAX-EXEMPT AGENCY
;EXHIBIT "B",
(Skilled Nursing and Residential Care) facilities, so that each can voice concerns or
complaints, trusting that confidentiality and anonymity are assured. The safety of all
residents is monitored and attention is given to each resident's rights being upheld.
In the past 4 years our program has averaged 10.5 volunteers':in the field,
visiting facilities each week. This year the number has increased to 25 and another
10 are scheduled to begin training in the Fall. Currently, 910 hours',of
Complaint Investigation and 25 hours of Community Education are being reported to
Sacramento per month. This represents an increase of approximately 250%
over last year. In Atascadero facilities for the elderly there are 210 residents served
and D.D.A. and Adult Day Care total another 711. This figure comprises 56% of the
County population in long-term care facilities. A 32% "turn-over' average is
experienced annually, which translates to 407 more served. Additionally, the
Ombudsman office assists families and concerned loved ones by providing:
Counseling, Guidance, Placement Assistance and Community Education
Presentations. During this past year , Ombudsmen have also given In-Service
Sessions at facilities throughout the county including Atascadero's Facilities.
Program needs, along with the number of volunteers and responsibilities have
increased. Therefore, this year we are requesting $1000 to help with our added
expenses. As with any Mandated program, we lost funds this year, $6000. This grant
will represent just over 1 % of our total annual costs.
4
` EXHIBIT 'B'
Funds received will be used for: reimbursement of volunteer mileage costs, printing,
and postage incurred in mailing the myriad literature provided free upon request.
Included in this category are: Durable Power of Attorney for Health Care forms, asset
protection guidelines, listings of Residential Care, Skilled Nursing, and locked and
Aizheimers Facilities, How to Choose a Nursing Home brochures, checklists, and
much more printed matter.
We are proud that the Cities in which we live and work help our Program. One
helps that doesn't have a single facility in their town. We would like to include you, our
most served town, in that pride of home. Thank you for your consideration.
Respectfully Sub itted,
02)
Geri D. ave
Program rdin
E
E
I
Agenda Item: A-3
Meet ng Date: 09/13/94
JOINT CITY COUNCIL MEETING
CITIES OF EL PASO de ROBLES AND ATASCAD RO
AUGUST 25, 1994
MINUTES
F
i
i
Atascadero Mayor Dave Bewley called the meeting to order at 7: 4 p.m. Paso Robles
Mayor Walt Macklin led the Pledge of Allegiance. Paso Robles City Councilman Duane
Picanco led the invocation.
ROLL CALL:
Present: Atascadero City Councilmembers Carden, Highland,
Johnson, Luna and Mayor Bewley
Paso Robles City Councilmembers Picanco, Martin,
Heggarty and Mayor Macklin
Absent: Paso Robles City Councilman Chris Iversen
Also Present: Muriel "Micki" Korba, Atascadero Cit Treasurer and Lee
Price, Atascadero City Clerk y
Atascadero City
i
Staff Present: Andy Takata, City Manager; Henry ' ngen, Community
Development Director; Art Montandon, City Attorney;-
Brady Cherry, Director of Community Services and Brad
Whitty, Finance Director
Paso Robles City
Staff Present: Jim App, Assistant City Manager; John McCarthy, Public
Works Director; Mike Compton, Director of Administrative
Services and Bob Lata, Directoi of Community
Development E
i
i
Joint Cities
8/25/94
Page 1
CITY COUNCIL COMMENTS:
Mayor Macklin provided the introduction and presented an overview.. He explained
how the joint meeting was called and why the three topics selected were chosen for
study. Mayor Bewley also expressed words of welcome and appreciation to the City
of Paso Robles.
Councilman Luna shared concern over the fact that one-third of the North County area
was not being represented and yet had every right to be. He made the following
motion:
MOTION: By Councilman Luna to include [County Board of] Supervisors
[David] Blakely and [Harry] Ovitt to participate in the discussions
this evening. The motion failed for lack of second.
COMMUNITY FORUM:
Rush Kolemaine, P.O. Box 1990 in Atascadero, suggested that future joint cities
agendas include topics like tourism and tourist promotion.
Eric Greening, 7365 Valle in Atascadero, mentioned that he was disappointed that
there had not been a second to Councilmember Luna's motion. He noted that the
issues on the agenda affect all areas in the North County and encouraged the councils
to include the Board of Supervisors.
Councilman Picanco explained that he had not seconded Councilmember Luna's
motion because the meeting is preliminary in nature. He suggested that if the two
councils agreed to including the Supervisors Blakely and Ovitt, then they must also
include representatives from the Templeton Community Services District, Creston,
Shandon, San Miguel and others. He clarified that he did not object to future
participation by others. Councilman Heggarty added that it is difficult to get all parties
together at one time.
Bill Engles, President of the Templeton Community Services District, commented that
while he had not expected to be invited to the forum, he was nevertheless
disappointed that there had not been a second to Councilmember Luna's motion to
include Supervisors Blakely and Ovitt.
PURPOSE OF THE JOINT MEETING:
The City Councils of the Cities of EI Paso de Robles and Atascadero met in a joint
session to discuss Economic Development in the North County, Solid Waste Issues
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8/25/94
Page 2
& Planning and the Proposed Expansion of Salinas River Dam.
• MEETING HIGHLIGHTS:
1. ECONOMIC DEVELOPMENT IN THE NORTH COUNTY
Henry Engen, Atascadero Community Development Director, reported that the City's
Economic Round Table, formed to advise the City Council on economic development
policy, supports the concept of an economic forum in the North County for the
purpose of exploring areas of mutual concern to the two cities.
Councilmember Martin agreed with this recommendation and suggested that the cities
form a regional economic management team. Councilman Johnson concurred but
added that the economic interests of the entire North County must be considered.
Mayor Macklin mentioned some successful projects in the City of Paso Robles and
encouraged more regional efforts to entice business. He spoke in favor of putting
together a committee to explore the issues.
Public Comments:
David Blakely, County Board of Supervisor (District #5), remarked that economic
development is a regional issue and requires a regional approach. He noted that
programs relating to business retention and enhancement are already being organized
by the County Economic Advisory Committee. Supervisor Blakely also mentioned that
the County has acquired Community Development Block Grant funding for economic
development. These funds, he concluded, are earmarked for conducting a survey and
providing start-up monies and urged use of the Advisory Committee's resources and
planning on a regional basis.
Harry Ovitt, County Board of Supervisor (District #1) urged the cities not to ignore the
North County agricultural industries because they are the basis for';economic stimulus.
He encouraged the cities to consider other venues and look at the needs of the entire_
North County. He mentioned that he has been the County representative on the
Economic Advisory Committee and suggested that the councilrnembers review the
documents that have already been prepared. In closing, Supervisor Ovitt emphasized
that cooperative efforts are necessary to achieve the main goals of economic
development: Job retention and business enhancement.
Patrick J. Mackie, 2940 Union Road in Paso Robles, noted that past efforts to
consolidate animal regulation efforts in the North County failed because of inadequate
planning. He spoke in support of a regional effort for economic development and
urged good planning to make it successful
Joint Cities
8/25/94
. Page 3
Mary Whittlesey, San Luis Obispo County Solid Waste Coordinator, commented that
recycling programs and the coordination of recycling market development zones •
provide an important link to economic development. She encouraged members of the
City Councils to contact her for more information.
Eric Greening, 7365 Valle in Atascadero, advocated business retention and tourism
promotion. He emphasized the importance of promoting the arts and local cultural
events.
Regina Foster, Paso Robles resident, spoke out against proposed plans for drag racing
near the Paso Robles Airport. She asserted that this kind of activity should not be
conducted so close to a residential area and expressed concern for noise and air
pollution.
Lindsay Hampton, 8402 Alta Vista in Atascadero, announced that on September 18,
1994 at 7:00 p.m., the Atascadero Land Preservation Society was sponsoring "A
Night with the Marx Bros.", a benefit fund-raiser for the acquisition of Stadium Park
in Atascadero. She mentioned she had tickets.
Allan Weaver, 11190 Santa Lucia Road in Atascadero, remarked that economic
development is certainly needed in the North County.
---End of Public Testimony---
Councilmember Luna recommended that the economic committees representing both
cities meet with the County Economic Advisory Committee in a cooperative effort to
formulate specific ideas for enhancing the economic climate in the North County.
Councilmember Martin declared that there is no political entity representing the North
County and spoke favorably for creating such a body. Councilmember Highland
agreed suggesting that a group be formed representing incorporated cities,
unincorporated areas north of the Grade(including the Templeton Community Services--
District, Creston, Shandon and San Miguel), representatives from County supervisorial
districts and local advisory committees for each of the subjects discussed.
Councilmember Martin proposed the adoption, by both cities, of a resolution of intent
to pursue the formation of a North County organization to address issues of common
interest. Councilmember Highland asked if this resolution would include a provision
adding the North County representatives on the Board of Supervisors. Councilmember
Martin answered affirmatively.
Councilmember Picanco commented that the discussion was deviating from the
Joint Cities
8/25/94
Page 4
agenda and mentioned that there were other topics yet to study''. Councilman Luna
• agreed and suggested that focus be on any direction that might be given to such an
advisory body, if so formed. Councilmember Heggarty spoke in favor of collective
confrontation on the issues and asserted that united efforts will enhance the total
North County. Councilmember Luna contended that first it must be determined just
where the two councils are coming from on the issues.
2. SOLID WASTE ISSUES AND PLANNING
John McCarthy, Public Works Director for the City of Paso Robles', provided pertinent
background on local landfill issues.
Councilmember Luna commented that he was concerned with negative impacts on the
City of Atascadero (environmental, economic and traffic) as a result of the hauling of
trash from outside the County to Chicago Grade Landfill.
Councilmember Picanco noted that there had not been any complaints by the City of
Paso Robles or by the County of San Luis Obispo when San Miguel Garbage Company
was hauling their trash to Chicago Grade Landfill.
Mayor Bewley proclaimed that if Wil-Mar Disposal continues to'',:take trash to Paso
Robles, the City of Atascadero should have an agreement with the City of Paso Robles
to establish rates and provide fee protection for Atascadero citizens.
Mayor Macklin remarked that residential and commercial rate schedules are derived
from cost-accounting and noted that rates will be different for each city. He
suggested that the Atascadero City Council work with the waste hauler to pass
through savings resulting from Wil-Mar's decision to take the garbage to Paso Robles.
Councilmember Highland asserted that he is firmly against government-operated
entities competing with private enterprise.
Councilmember Carden also suggested that a joint powers agreement be prepared
specifying that rates will be reviewed and fees will not be raised'' without the City of
Atascadero's input. He noted that he was opposed to using tax payers dollars to
make a profit.
Councilmember Johnson explained that the City of Atascadero cannot direct Wil-Mar
Disposal where to take the City's trash. He inquired about the capacity of both
landfills and expressed concern about what liability the City of Atascadero may have
in the [eventual] closing costs of the Chicago Grade Landfill.
Joint Cities
. 8/25/94
Page 5
John McCarthy summarized factors associated with the Paso Robles Landfill (including
recycling rate, compaction rate and equipment). Mike Compton provided information
relating to the long-term capacity and replacement of the Paso Robles Landfill. He
noted that the City of Paso Robles has set aside funding for State-approved closure
(and post-closure), as well as has plans to expand the current site and acquire
property for another site. Mr. McCarthy stated that the financial records are open for
public purview and reported that fees are among the lowest in the State.
Councilmember Martin remarked that Atascadero certainly has a viable concern and
there is a need to have a long-term agreement in place providing for a fair rate
structure.
Councilmember Highland indicated that any agreement drafted should prohibit a city
from withdrawing.
Councilmember Heggarty remarked that he could support a joint powers agreement
and provided background about why the City of Paso Robles has not signed on with
the County/Cities' Joint Powers Agreement for solid waste. He explained that the
Paso Robles City Council was looking to protect its' city and had made an economic
decision in order to meet state mandates for waste reduction. He urged Atascadero
to research thoroughly the possible closure of the Chicago Grade Landfill.
Mayor Bewley called for a 10-minute break.
Public Comments:
Chuck Pritchard, 9765 Carrisa Hwy in Carrisa Plains, reported that he was a member
off the Executive Committee of the Resource Conservation & Development (RCD)
Association (encompassing five counties). He spoke in favor of reducing the solid
waste by recycling construction lumber, trees, branches, paper and cloth and not
putting these items into the landfill. He noted that the RCD meets quarterly and
addresses issues relating to eliminating waste, recycling and economic development.
He encouraged those interested to contact him for more information.
Supervisor David Blakely, Santa Margarita resident, invited all to the Days of the Dons
on September 17, 1994. He noted that he was concerned about the future of the
Chicago Grade Landfill and stated that it would be a shame to lose such an important
resource. Supervisor Blakely mentioned that it has become almost impossible to site
new landfill areas. He also explained that he was concerned about the cities
consolidation of waste and a guarantee that there would not only be short-term
savings, but long-term savings as well. Long term savings, he continued, are
somewhat diminished if there is not competition from another landfill. He commented
Joint Cities
8/25/94 •
Page 6
that he hoped that if the City of Paso Robles sees a profitat the landfill and
subsequently subsidizes other City programs with those profits, that it will also return
some of those profits to the City of Atascadero to do the same. In addition,
Supervisor Blakely indicated that it would be appropriate for a resolution as proposed
by Councilmember Martin to be adequately reviewed by the public before it is
adopted. He also requested that the residents in the unincorporated areas of the
North County be represented by the inclusion of their elected supervisors. He pledged
his support to both cities to help resolve some of the solid waste issues and indicated
that he hoped that both cities would join the countywide joint (powers authority to
deal with solid waste issues on a countywide basis. Supervisor Blakely continued by
saying that if the cities decline to do so, he recommends a joint powers authority
between the two cities that includes representatives from the Board of Supervisors.
Patricia Johnson, owner Chicago Grade Landfill, commented that:she was distressed
about some of the information that has been released by the City of Paso Robles
regarding its' landfill. She asked, "How can Paso Robles take care of trash cheaper
than anyone else?"
Pat Mackie, 2940 Union Road in Paso Robles, questioned the legality of Atascadero
and Paso Robles entering into an joint powers agreement regarding solid waste
separately from the countywide JPA. He recommended that both cities take a time
out and resolve the issues it has with the County. He asserted that, meanwhile, Paso
Robles should stop collecting the $3.00 tipping fee and return if to the residents.
• Don Crainer, Paso Robles resident (east, just off Highway 46), stated that he knew
J 9
the landfill was there when he bought his property (1/2 mile from landfill) but noted
that it has grown. He invited members of both city councils to come see the view he
now has from his home.
Ron DeCarli, Executive Director the San Luis Obispo Council of Governments (COG),
provided an overview of the regional effort to form a countywide',consolidated waste
management program. He reported that COG is recommending that Atascadero and
Paso Robles join the countywide JPA, but stated that if the :two cities are not
comfortable in doing so, it has been recommended that the cities enter into a
memorandum of agreement with the County Integrated Waste Management Authority
to address public education, household hazardous waste and other countywide
programs. He also noted that COG proposes that if a new authority is created, that
input be received from all entities and fees for the North County, go to the authority
to address the tipping fee conflict.
Shirley Crainer (wife of Don) mentioned the increases in dumping costs over the years
and asked what kind of controls the City of Paso Robles has ',implanted to know
Joint Cities
8/25/94
Page 7
what's being brought into the landfill.
Regina Foster, Paso Robles resident, stated she did not understand why Atascadero
is closing the Chicago Grade Landfill and wondered why both cities can't have their
own dump.
Ron DeCarli, speaking again briefly offered COG staff assistance with any advisory
committee that's put together to address this issue.
Supervisor Blakely cautioned both cities that environmental safeguards to protect the
health and safety of the public must be met by both the privately-owned and the
publicly-owned landfill. Mayor Macklin inquired about how set-aside funds are
safeguarded against poor investments. Supervisor Blakely deferred to Gere Sibbach,
County Auditor-Controller.
Mr. Sibbach reported that closure trust funds are placed with a trustee (bank). Mrs.
Johnson (Chicago Grade Landfill) confirmed that she has a written agreement with
Santa Barbara Bank & Trust. Monies set aside by the previous owner, Sanifill, were
placed into that trust fund. Mr. Sibbach indicated that his role is to monitor and
analyze the rates charged. He offered the services of his office to the Councils.
---End of Public Testimony---
Discussion ensued regarding the status of Paso Robles' reluctance to enter into the
countywide JPA for solid waste management. Councilman Luna expressed concern
that there may be duplication of efforts. Councilmember Martin indicated that their
staff had a difficult time negotiating changes in the proposed language of the JPA and
the Council felt it was being dictated to by the County. Mayor Macklin advised that
the City of Paso Robles has not rejected the whole plan or its' concept and noted that
it may indeed be cheaper to go with the JPA for certain reasons. Councilmember
Johnson stated that he, too, would hate to see double work and mentioned that he
would like to be apprised of what exactly the impact will be to the North County with
regard to the JPA, associated costs, projected staffing, etc.
Supervisor Ovitt remarked that he served as chairman of the Solid Waste Task Force
and Committee and reported that many hours have been spent drafting the JPA. He
stated that the advisory groups considered all jurisdictions, including the fact that
Paso Robles has their own landfill. The rate structure, he noted, was part of the
presentation and committee members have bent over backwards to protect individual
communities. Supervisor Ovitt concluded by recommending that the City of Paso
Robles re-review and consider the countywide solid waste management JPA.
Joint Cities
8/25/94
Page 8
Mayor Bewley reiterated that the City of Atascadero has no control over where Wil-
Mar Disposal takes the city's garbage. He asserted that Atascadero's City Council
must protect its' citizens and urged the creation of an agreement with Paso Robles to
establish rates. Mayor-Bewley added that Atascadero's City Council does not have
any problem with the proposed countywide JPA and mentioned that he would like to
see Paso Robles meet with the county again in an effort to resolve the issue. If this
cannot be done, he added, then he would support a joint effort between the two
North County cities. Responding to an earlier comment from ';the public, Mayor
Bewley reported that the Atascadero City Council is not closing the Chicago Grade
Landfill.
Councilmember Luna asked Andy Takata for information regarding the City of
Atascadero's contract with Wil-Mar Disposal. Mr. Takata noted that the contract will
not be up for renewal for five years and confirmed that although the City Council can
inform Wil-Mar of its' preference,the City cannot dictate where the trash hauler takes
the garbage.
Councilmember Luna stated that he supported Mayor Bewley's suggestion that Paso
Robles first attempt to work out an agreement with COG regarding the countywide
JPA and secondly to direct staff at both cities to get together and work out a mutual
agreement.
Councilmember Picanco commented that he did not object to: reconsidering the
countywide JPA, but was not sure if it would do any good.
3. PROPOSED EXPANSION OF THE SALINAS RIVER D:AM
John McCarthy outlined background issues relating to the Salina$ Dam Project.
Councilmember Highland protested the plan commenting that it was the ultimate in
hypocrisy for the City of San Luis Obispo to diligently protect trees in its' city limits
but propose a project that destroys thousands of trees in the North County.
Councilmember Luna agreed and stated that he opposed the raising of the Salinas
Dam.
Councilmember Picanco suggested that this topic warrants the participation from San
Miguel and Templeton and proposed that further joint discussions should be planned
to receive input from other North County jurisdictions.
Councilmember Martin recommended that each council move forward by putting their
position on the record. Councilmember Johnson agreed and pointed out that the
Atascadero Mutual Water Company opposes the project as proposed. He stated that
Joint Cities
• 8/25/94
Page 9
}
he cannot support the project if the Water Company objects. John McCarthy
confirmed that Ken Weathers of the Atascadero Mutual Water Company has already 40
Director's written
forwarded the Board of Direct opposition to the Board of Supervisors.
Ken Weathers, Atascadero Mutual Water Company, reported that the Board of
e of
water as Ion as it does
affect
Directors position is to support efficient use 9
Atascadero's water source. The Board, he continued, opposes the Salinas River Dam
Expansion Project because it impacts the water supply and clarified that it is on this
point only nl that it objects and impacts.
not because of other environmental p
Councilmember Carden expressed concern for the seismic safety of the dam and was
will direct)
expansion wi
ex a Y
distressed about the engineering plans. He said believes thep
impact the residents.
Public Comments:
Chuck Pritchard spoke representing the Upper Salinas/Las Tablas Resource RCD and
the Salinas River Coordinated Resource Management & Planning (CRMP). He outlined
the efforts of the groups and extended an open invitation to attend their meetings.
Mr. Pritchard noted that the groups had a number of questions relating to permits,
structural security, safety considerations and construction of the dam. He remarked
that he was opposed to the destruction of trees and immediate riparian habitat.
Eric Greening, 7365 Valle in Atascadero, recommended to councilmembers that they .
attend the RCD and CRMP meetings and defined the groups as action oriented. He
voiced concerns about the environment impact report (EIR) and its' proposed
mitigations and mentioned that the missing ingredient seemed to be public information
and scrutiny. He urged the councils to prepare and jointly participate in challenging
the final certification of the EIR.
Joe Kelly, Rancho La Asuncion, spoke in opposition to the project.
Gere Sibbach, 8500 Carmelita in Atascadero, called for strong action in opposition to
the project and stated that it will do irreparable damage to the environment and
recreational opportunities.
Pat Mackie of Paso also urged assertive action to oppose.
Bill Engles, Templeton Community Services District, shared concerns for public safety
and suggested that, if the project goes through, there will need to be a warning
system devised to notify down river residents. He expressed opposition to spending
County funds to study what may benefit the City of San Luis Obispo.
Joint Cities
8/25/94
Page 10
Debbie Sullivan, 6750 York Mountain Road, stated that the EIR is':a flawed document
and suggested that all concerned read it.
Nicholas Ferravanto, 5195 Stockdale Road in Paso Robles, mentioned that he serves
on the Citizens Rights Coalition of Paso Robles. He remarked thlat he was opposed
to the project. In addition, he mentioned that he supported coordination of efforts
between the two cities.
John Moss, Utilities Director of San Luis Obispo, encouraged Fall to read the EIR
carefully and comment upon it. He reported that mitigation measures were being
reconsidered as a result of responses to the EIR. Mr. Moss emphasized that there is
a benefit to the County-at-large because of the proposed acquislition of over 4,000
acres of County property which includes open space and low-intensity recreation. He
then provided other comments in support of the expansion highlighting aspects of the
property acquisition agreement and the live-stream agreement. He also reported that
an in-depth analysis on water flows is being conducted and that staff is working with
the Atascadero Mutual Water Company and other water agencies in this study. Mr.
Moss implored all to look at the project on a factual basis and not an emotional one.
Mr. Moss then responded to lengthy questions from members of both city councils.
Councilmember Picanco asked Mr. Moss what position the City ,of San Luis Obispo
initially took. Mr. Moss reported that staff's recommendation to their council was to
slow down, look at all the mitigations pursuant to the National Environmental
. Protection Act. Councilmember Picanco inquired as to what role the County has. Mr.
Moss reported that the County has the same opportunity as others to comment on the
EIR. Councilmember Luna asked how the EIR can be certified without specifying
mitigations. Mr. Moss reported that a notice of determination would be filed and a
public hearing held. Councilmember Luna also inquired about whether or not a
transfer agreement was still being pursued with the County. Mr. Moss noted that
language was being revised. To Councilmember Heggarty's inquiry, Mr. Moss
reported that Nacimiento water is the first source of water for San Luis Obispo and
is needed now. He added that Salinas River water is the next needed source.
Pete Cagliero, 76362 Vineyard Canyon in San Miguel, proclaimed that as a North
County rancher he is violently opposed to the project. He urged a united front in
opposition from the North County.
Tom Mora, Atascadero farmer (Santa Rita - Jack Creek near Templeton), also voiced
strong opposition to the project.
Earl Croft, rural Paso Robles resident, congratulated the city councils for meeting
together. He indicated that he was also opposed to the proposed expansion project
Joint Cities
• 8/25/94
Page 11
and emphasized the importance of the Salinas River to the North County describing
it as the "lifeblood". i
John Tannehill, 3010 Vineyard Canyon Road in San Miguel, stated that he was a
member of the Salinas River CRMP and was opposed to the project. He indicated that
he was, however, pessimistic and feels that "its' a done deal". He stressed that it will
take a strong and united effort to fight the project.
Frank Platz, Atascadero Mutual Water Company Board of Directors, pointed out that
the City of San Luis Obispo contends that the live-stream concept will remain but
proclaimed that it will affect the City of Atascadero.
---End of Public Testimony---
Councilmember Martin read the proposed resolution of intent to pursue the formation
of a North County organization to advise county, state and federal governments and
regulatory agencies regarding issues of common interest. He suggested that the
resolution be taken back to the individual councils for immediate adoption.
Councilmember Luna remarked that he would prefer to know who will be included,
what the costs will be and who will host future joint meetings. Mayor Macklin
thanked the City of Atascadero for hosting this evening's meeting and announced that
Paso Robles would host the next one.
Co
uncilmembers Luna and Martin spoke in favor of adopting, by resolution, a joint
opposition to the Salinas River project. There was consensus by members of both
councils to act on such a resolution as soon as possible and it was suggested that the
language be sent to other advisory groups for action, as well.
Mayor Bewley extended appreciation to all and adjourned the joint meeting at 11:04
P.M.
B. ATASCADERO CITY COUNCIL - CONTINUED PUBLIC HEARING ITEMS
At 11 :10 p.m., the Atascadero City Council convened continued public hearings on
the following items:
1. RESOLUTION NO. 80-94 - Adopting the Source Reduction & Recycling
Element
2. RESOLUTION NO. 81-94 - Adopting the Household Hazardous Waste
Element
Joint Cities
8/25/94 •
Page 12
Henry Engen provided the brief staff report and recommendation';to approve.
MOTION: By Councilmember Carden,seconded by Councilmember Highland,
to adopt Resolution Nos. 80-94 and 81-94; motion carried 5:0 by
roll call vote.
Mayor Bewley adjourned the meeting at 11 :12 p.m. The next meeting of the
Atascadero City Council will be Tuesday, August 30, 1994 at 4:30 p.m. for purposes
of interviewing candidates for the Planning Commission and conducting a study of the
Fiscal Year 1994-95 Budget.
MINUTES RECORDED AND PREPARED BY:
LEE PRICE, City Clerk
Joint Cities
8/25/94
iPage 13
Agenda Item: A-4
Meejing Date: 09/13/94
ATASCADERO CITY COUNCIL
MINUTES
AUGUST 30, 1994
The Mayor called the special meeting to order at 4:40 p.m. in the Club Room, 4th
Floor, City Administration Building. Present were Councilmembe s Carden, Highland,
Johnson, Luna and Mayor Nimmo. Also present were Andy Takata, City Manager,
Henry Engen, Community Development Director, Micki Korba, Ci y Treasurer and Lee
Price, City Clerk.
PURPOSE OF MEETING:
The City Council met to interview thirteen applicants forhe City's Planning
Commission and to review and study the proposed budget for Fiscal Year 1994-94.
I
MEETING HIGHLIGHTS:
1. PLANNING COMMISSION INTERVIEWS AND APPOINTM ANTS
The City Council interviewed the following thirteen applicants: Rush Kolemaine, Paula
Ingram, Patrick Dempsey, Allan Weaver, Rita Fernandez, Sid Bowen, Alfred Clark,
Michael Messer, George Schroff, Thomas Jespersen, Robert Jo inson, Roger Miller
and Timothy O'Keefe. Following the interviews, the City Council Inade their selection
by ballot. Commissioner Robert Johnson was re-appointed tc a four-year term.
Former Planning Commissioner Roger Miller was also selected t servel.sa four-year
term. Applicant Michael Messer was chosen to serve the remaining one-year of the
term left vacant following the death of Commissioner Jim Berger. Upon motion duly
made and seconded, Resolution No. 89-94 was adopted formalizing the appointments.
2. FISCAL YEAR 1994-95 BUDGET STUDY SESSION
City Manager Andy Takata presented the overall budget messageland recommended
adoption. He suggested that the City Council conduct another study session at a later
date (possibly October or November) to look at the Capital Improvement Plan (CIP),
SPCC 08/30/94
Page 1
consider other revenue source enhancements and review existing service levels.
Department Heads present included Brad Whitty, Finance Director; Brady Cherry,
Community Services Director; Henry Engen, Community Development Director; Mike
McCain, Fire Chief and Bud McHale, Police Chief. Other staff present included Bill
White, Paula Anton, Tom Jamason, Brian Sword, Mark Markwort and Valerie
Humphrey. Individual departmental budgets were reviewed, as follows:
Police Department:
Chief McHale reported that the department is understaffed and emergency dispatch
equipment is in serious need of updating. The City Manager mentioned that these
items will need to be addressed when the Council studies service levels. Chief
McHale also noted that despite the fact that the department paid approximately
$19,000 this past year in booking fees, the proposed budget line item amount is
$10,000.
Leo Korba, 10905 Santa Ana Road, asked why not be realistic and put enough money
into the Police Department's budget to cover the cost of booking fees.
Fire Department:
Chief McCain noted that the Fire Department was in need of equipment replacement
and indicated that his first priority would be, if funding was available, a replacement
for the brush truck. The Fire Chief provided an overview of programs and pointed out
that the weed abatement program is very cost-effective.
Community Development Department:
Henry Engen provided an overview of staffing levels and proposed additions to the
Wastewater Operations Budget. In addition, he presented a status report on the Dial-
A-Ride program. Councilman Luna suggested that contracting for engineering services
be reviewed at the proposed future budget study session.
Community Services Department:
Brady Cherry stressed that the Recreation and Zoo Divisions are providing revenue for
the City. He explained that although he was anticipating a balanced budget for the
zoo, some assets are presently being sold. He added that he is negotiating with the
San Luis Obispo County Zoological Society for a $50,000 subsidy, but was not
certain if this amount could be secured. Lengthy discussion ensued regarding the zoo
including ways to enhance usage. Staff emphasized that there are legal and moral
SPCC 08/30/94
Page 2
obligations associated with caring for the animals and maintaining its' accreditation
status. The City Manager pointed out that no exhibit expansions are planned and
advised that it may be necessary to look at eliminating some of';the exhibits to cut
costs.
Lindsay Hampton, 8402 Alta Vista, commented that zoo admission fees are very
modest and suggested that consideration be given to increasing ahem. Councilman
Johnson recommended that staff prepare a review of rates with other comparable
zoos.
Dialogue regarding street maintenance followed. Brian Sword, Streets Supervisor,
responded to questions regarding deteriorated streets and i, the City's street
maintenance program. He explained that there are several 'streets that need
reconstruction and street overlay projects have been postponed for,four years because
of budgetary restraints. Delayed repair, he added, presents severe drainage problems
in some areas.
Councilman Luna noted that recent additions of streets into the City-maintained
system has increased the burden and asserted that a program for 'street maintenance
must be adopted with a clear time-line informing citizens when they can expect their
streets to be re-surfaced.
Councilman Highland asserted that it appears that the City is losing sight of the three
driving forces behind the City's incorporation in 1979: Police services, fire services
and road maintenance.
Discussion ensued regarding recreation programs. Councilman Luna remarked that he
was not supportive of subsidizing revenue neutral programs with General Fund
monies, especially in light of the needs in the Police and Fire '°Departments. He
suggested that this area be studied in-depth. Andy Takata emphasized that programs
must be evaluated in terms of not only if they produce revenue, but if they are
effective in other ways. He noted that many youth programs provide appropriate
activities for children who may otherwise become involved in criminal activities and
some programs, like swimming lessons, provide necessary public safety services.
Finance Department:
Brad Whitty answered brief questions regarding the accounting software maintenance
and liability insurance.
SPCC 08/30/94
Page 3
Community Group and Non-Departmental Funding:
Councilman Johnson suggested that the Council consider awarding any funding until
projections come through at mid-year. Councilman Luna spoke in favor of approving
staff's recommendation of approximately $10,000. He added that one-half of the
proposed figure is for the North County Womens' Shelter and pointed out that this
program may be responsible for diverting some of the Police Department costs.
By consensus, the City Council approved community group funding as proposed by
staff.
Councilman Luna suggested that staff approach the Atascadero Chamber of
Commerce and the San Luis Obispo County Visitors' & Conference Bureau to seek a
commitment to promote the zoo. Andy Takata reported that the Chamber was
already doing that and indicated that he would follow-up with the Visitors' Bureau.
Councilman Luna proposed that an additional $100 be awarded to the Long-Term Care
Ombudsman Services Program of San Luis Obispo County. By mutual consent, the
City Council approved the amount of $100 for the Long-Term Care Ombudsman
program.
Andy Takata mentioned that formal adoption of the budget was scheduled for the
Regular City Council meeting of September 13, 1994.
AT 10:45 P.M., THE SPECIAL MEETING WAS ADJOURNED. THE NEXT MEETING
OF THE ATASCADERO CITY COUNCIL WILL BE THURSDAY, SEPTEMBER 8, 1994
FOR PURPOSES OF INTERVIEWING APPLICANTS FOR THE COMMUNITY SERVICES
FOUNDATION BOARD OF DIRECTORS AND FOR THE PARKS & RECREATION
COMMISSION. SAID SPECIAL MEETING WILL CONVENE AT 4:30 P.M. IN THE CLUB
ROOM.
MINUTES RECORDED AND PREPARED BY:
LEE PRICE, City Clerk
SPCC 08/30/94
Page 4
Agenda Item: A-5
Meeting Date: 09/27/94
ATASCADERO CITY COUNCIL °
MINUTES
SEPTEMBER 8, 1994
Mayor Bewley called the meeting to order at 4:45 p.m. Present we a Councilmembers
Carden, Highland,Johnson, Luna and Mayor Bewley. Also present were Andy Takata,
City Manager; Brady Cherry, Director of Community Services and Cindy Wilkins,
Secretary to the City Manager/Deputy City Clerk.
i
PURPOSE OF MEETING: The City Council met to interview and onsider applicants
to the Atascadero Community Services Foundation Board of Directors and the City's
Parks & Recreation Commission.
MEETING HIGHLIGHTS:
1. ATASCADERO COMMUNITY SERVICES FOUNDATION BO RD OF DIRECTORS
Motion: By Councilman Luna, seconded by Councilman Highland, to
consider the two candidates not present for interview, John
McNeil and Karen Lewis; passed unanimous/y,
The City Council interviewed the following applicants: Barbara Baranek, George
Beatie, Steve Knuckles and Carol Bruns. Because of prior commitments, applicants
Karen Lewis and John McNeil were not present (written communications on file).
Due to the diverse caliber of the candidates, the City Council co sensus was to 1)
have staff bring back, at the next regular Council meeting, amended by-laws for
consideration, including increasing the Board's membership to tw�lve, and 2) at that
time adopt the confirming resolution appointing all those who applied, with the
exception of George Beatie, who indicated he would gladly acced to other qualified
candidates due to his numerous community/committee involvements.
2. CITY OF ATASCADERO PARKS & RECREATION COMMIS ION
The City Council interviewed the following candidates: Tom Bench, Jerrie Dahlen,
Dan Davis, David Graham, John Harris, Paul Hood, Ken Meyer, Joanne Peters, Albert
Smith and Pete Stanke. Candidates Diana Cooper and Steve Alvarez were not present
for the interviews.
i
Motion: By Councilman Luna, seconded by Councilman Johnson, to
consider the no-show applicants in deciding the appointments;
motion passed unanimously.
By ballot, the City Council made their selection.
Motion: By Councilman Highland, seconded by Councilman Johnson, to
adopt Resolution No. 96-94, appointing Jerrie Dahlen, Paul Hood,
Joanne Peters and Dan Davis to four-year terms as specified;
motion passed unanimously.
At 8:15 the meeting was adjourned to 6:00 p.m., Tuesday, September 13, 1994 for
the purpose of interviewing applicants for the City's Traffic Committee. The Regular
City Council meeting will follow at 7:00 p.m.
MINUTES RECORDED BY:
CINDY WILKINS, Secretary to the
City Manager/Deputy City Clerk
MINUTES PREP ED BY:
L PRICE, City Clerk
I
Agenda Item: A-6
Meeting Date: 09/27/94
ATASCAQERO CITY COUNCIL
SEPTEMBER 13, 1994
MINUTES
SPECIAL MEETING:
The City Council met at 6:00 p.m. for the purpose of interviewing applicants for the
City's Traffic Committee. The following candidates were interviewed: Jerry
Ferguson, George Trigueiro, Chuck Bishop and Ed Goshorn. Not present was
applicant Paula Ingram.
MOTION: By Councilman Luna, seconded by Councilman Highland to
consider all applicants, present or not motion passed
unanimously.
Following the interviews, the City Council made their selection b ballot.
MOTION: By Councilman Luna, seconded by Councilma Johnson to adopt
Resolution No. 94-94 appointing Jerry Fergusonand Chuck Bishop
to serve a two-year terms each on the TrafficCommittee; motion
carried 4:0 by roll call vote.
REGULAR MEETING: j
The Mayor called the regular meeting to order at 7:02 p.m. Couricilperson Johnson
led the Pledge of Allegiance. Formal Roll Call followed.
ROLL CALL:
Present: Councilmembers Highland, Johnson, Luna and Mayor
Bewley
Absent: Councilmember Carden
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City
Clerk
CC 09/13/94
Page. 1
Staff Present: Andy Takata, City Manager; Henry Engen, Community
Development Director; Art Montandon, City Attorney;'
Brady Cherry, Director of Community Services; Brad
Whitty, Finance Director; Mike McCain, Fire Chief; Lt. John
Barlow, Police Department and Steve Sylvester, City
Engineer
PROCLAMATION:
Mayor Bewley read the proclamation establishing September, 1994 as "U.S.
Constitution Observance Month" and presented it to Chief McCain.
PRESENTATION:
Marj Mackey, on behalf of the Atascadero Land Preservation Society, presented a
check for $2,000 to the City towards the purchase of Stadium Park. Mrs. Mackey
also invited all to "A Night with the Marx Bros." at the Century Cinemas on
September 18, 1994. Proceeds, she added, would benefit Stadium Park.
COMMUNITY FORUM:
Clifford Smith, representing the North County Committee to Supervisor Ovitt, asked
Council to join them, the City of EI Paso de Robles, the Templeton Advisory Group
and others in a position of opposition to the highway design standards policy
proposed in the Salinas River area plan update.'
Eric Greening, 7365 Valle,-questioned whether or not it is appropriate for the
Atascadero City Council to take a position on the plan. If it does, he recommended,
it should do so only with reference to the proposed widening of Highway 101 .
---End of Public Testimony---
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - August 9, 1994
2. CITY COUNCIL MINUTES - August 23, 1994
3. CITY COUNCIL -MINUTES - August 25, 1994 (EI Paso de Robles/Atascadero
Councils Joint Meeting)
4. CITY COUNCIL MINUTES - August 30, 1994 (Special Meeting)
CC 09/13/94
Page 2
5. APPROVE PAYMENT OF AUDITED BILLS AND PAYROLL FOR THE MONTH OF
• AUGUST, 1994
6. RESOLUTION NO. 71-94-Establishing authorized positions and salary schedule
for Fiscal Year 1994-95 (cont'd from 8/23/94)
7. FISCAL YEAR 1994-95 BUDGET
A. Resolution No. 85-94 - Adopting FY 1994-95 Budget
B. Resolution No. 99-94 - Authorizing approval of a '2% franchise fee
between Atascadero's Wastewater Enterprise Fund and the City's
General Fund
C. FY 1994-95 Community and Non-Departmental group funding requests
8. RESOLUTION NO. 76-94 - Accepting those roads within the Las Encinas
Assessment District into the City system of maintained roads
9. RESOLUTION NO. 88-94 - Authorizing the execution of a rnewal agreement
with Cooperative Personnel Services for testing services
10. RESOLUTION NO. 90-94 - Establishing 15 mph speed limit'';on Marchant Way
between Santa Rosa Rd. and Pismo Ave.
11. RESOLUTION NO. 91-94 - Authorizing removal of crosswalk on El Camino Real
at Solano Ave.
12. RESOLUTION NO. 92-94 - Designating a no-parking zone on Dei Ria Rd. at the
intersection with EI Camino Real
13. RESOLUTION NO. 94-94 - Confirming appointments to the City Traffic
Committee
14. RESOLUTION NO. 97-94 - Awarding a contract to A-Jay Excavating, Inc. for
the construction of the slope rehabilitation projects (Bid #914-04)
15. RESOLUTION NO. 98-94 - Awarding a contract to A.J. Dian!, Construction, Inc.
for the construction of the West Front Street Overlay Project (Bid #94-05)
16. RESOLUTION NO. 100-94 - A joint resolution of the City Councils of the Cities
of Atascadero and EI Paso de Robles opposing the proposed Salinas Reservoir
Expansion Project
CC 09/13/94
• Page 3
17. RESOLUTION NO. 101-94 - A resolution of the intent of the City Councils of
the Cities of Atascadero and EI Paso de Robles to pursue the formation of a ,
North County organization to advise County, State and Federal governments
and regulatory agencies regarding issues of common interest
18. RESOLUTION NO. 102-94 - Air Pollution Control District membership
Councilman Luna pulled Items #A-1 through 4 (Minutes) noting that he had not had
an opportunity to review them. Councilman Highland made a correction to Item #A-1
and A-3.
MOTION: By Councilman Luna, seconded by Councilman Highland to
approve the Consent Calendar Items #A-5 through 18; motion
carried 4:0 by roll call vote.
B. PUBLIC HEARINGS: None scheduled.
C. REGULAR BUSINESS:
1. RESOLUTION NO. 74-94 - Amending the Tree Standards & Guidelines of the
City's Tree Protection Ordinance to include Tree Fund Expenditure Policies
Henry g p re Engen provided the staff ort and recommendation to approve. Councilman •
p
Johnson asked for an explanation of the apparent low priority given for street tree
planting. Mr. Engen mentioned that the majority of the Atascadero Native Tree
Association believes that tree replacement funds should be used, ideally, for habitat
replacement rather than street tree replacement.
Public Comments:
Eric Greening voiced support for the staff recommendation suggesting that the policy
will benefit the City economically as well as ensure that the community character and
biological integrity is retained.
Jim Patterson, Atascadero Native Tree Association board member, provided
background relating to the street tree planting project on El Camino Real. He pointed
out that costs associated with maintaining this project have come from Native Tree
Association funds rather than the Tree Fund. Tree Fund monies, he added, are more
appropriately spent for habitat replacement and/or protection. He clarified that while
the policy does not prohibit street tree replacement, it is just not a priority.
CC 09/13/94
Page 4
MOTION: By Councilman Luna, seconded by Councilman'Highland to adopt
Resolution No. 74-94; motion carried unanimously.
Councilman Luna expressed appreciation to members of the Atascadero Native Tree
Association and pointed out they each volunteer many hours to the community.
2. PROPOSED FISCAL YEAR 1994/95 CITY FACILITIES USAGE
A. Resolution No. 93-94 - Adopting revised City facilities policies,
procedures and fees document
B. Proposed FY1994-95 facility usage fee waiver requests by non-profit
organizations
Brady Cherry provided the staff report and recommended approval. He then
responded to several questions regarding classifications and non-profit status.
Public Comments:
Marj Mackey wondered whether or not the Atascadero Historical':Society would be
required to file an application for a fee waiver for use of the Lower Rotunda for the
Museum. Brady Cherry indicated that this would not be necessary because the
Society already has a lease agreement with the City.
i
Hoyt Chambless, U.S. Amateur Ball Room Dance Association, reported that his group
had not received an application for a fee waiver. He noted that this organization is
not making any money and asked if it was too late to pick up an application. Brady
Cherry noted that the Association is still on the City's Fist and no change is being
recommended.
Irene Bishop, President of the Atascadero Community Band, asked for verification that
the Band was still categorized as a Class A organization. Brady Cherry answered
affirmatively.
Rush Kolemaine, Box 1990 in Atascadero, congratulated staff for bringing some sense
to the policy. He asked staff to verify the definition of "non-profit". Brady Cherry
replied, "incorporated with the State of California as a non-profit organization".
---End of Public Testimony---
MOTION: By Councilman Highland, seconded by Councilman Luna to adopt
Resolution No. 93-94; motion carried 4:0 by rpll call vote.
CC 09/13/94
• Page 5
- - i
MOTION: By Councilman Highland, seconded by Councilman Luna to
approve the facility usage fee waiver policy; motion passed
unanimously.
D. 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/S.L.O. Regional Transit Authority -
Councilman Highland reported on behalf of Councilman Carden on the
meeting of September 7, 1994. Councilman Carden, he noted, was
recommending that the City Council draft and send a resolution to the
Caltrans urging the State to secure short-term notes for the purpose of
funding seismic retrofit projects and protect local infrastructure
improvements throughout the State. Staff was directed to bring back
more information for Council review.
2. City/School Committee - Councilman Johnson reported on the meeting
of August 24, 1994. Discussion included the prospects of looking into
joint ventures/services to reduce costs, methods of enhancing
communications during times of local emergency and efforts to achieve
more progress with "Routes to School" projects.
3. County Water Advisory Board - Councilman Highland indicated that the
Board met the first week of September. i
4. Economic Round Table - The City Manager mentioned that the round
table would meet on Wednesday, September 21 st.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilman Highland indicated that he has received a number of complaints regarding
the placing of promotional flyers upon windshields and the resulting litter. Andy
Takata noted that he would have the Compliance Official look into the matter.
Councilman Highland requested that the City Council review the Salinas River Plan
update and determine if it is appropriate to take a position on it. Discussion ensued.
Public Comments:
Doug Lewis, Tunitas Avenue resident, spoke in favor of looking at trip generation to
CC 09/13/94
Page 6
Twin Cities Hospital and several other aspects of the plan.
---End of Public Testimony---
By consensus, staff was directed to bring back for Council review the portions
pertinent to Atascadero of the proposed Salinas River Plan update. It was agreed
that this study session should be conducted with a full Council at the first meeting of
October.
2. City Clerk
Lee Price reported that copies of her Annual Report relating to the League of California
Cities Environmental Quality Policy 'Committee upon which she serves have been
made available.
3. City Manager
Andy Takata provided an overview of the next City Council agenda and reminded
Councilmembers to let staff know if they will attend the League of California Cities
Annual Conference October 23-25.
F. ADJOURN:
iThe meeting was adjourned at 8:02 p.m.
THE NEXT CITY COUNCIL MEETING WILL BE TUESDAY, SEPTEMBER 13, 1994 AT
7:00 P.M.
MINUTES RECORDED AND PREPARED BY:
LE - ICE, City erk
CC 09/13/94
Page 7
•
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-7
si.v
Through: Micki Rorba, City Treasurer Meeting Date: 9/27/94
From: Brad Whitty, Finance Director
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SUBJECT: Treasurer's Report —July, 1994
RECOMMENDATION
Council review and accept.
Attachment: Treasurer's Report, July, 1994
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CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH OF JULY, 1994 (Unaudited)
GENERAL FISCAL
ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN. TREASURER'S $545,283. $7,376,781. $727,450. $8,649,514.
BALANCE
RECEIPTS 885,068. 1,313,177. 914. 2,199,159.
DISBURSEMENTS < 989,655.> <2,094,806.> <129,940.><3,214,401.>
TRANSFERS IN -0- -0- -0- -0-
TRANSFERS OUT -0- -0- -0- -0-
OTHER -0- -0- -0- -0-
BALANCE $440,696. $6,595,152. $598,424. $7,634,272.
DEPOSITS IN -0-
TRANSIT
CHECKS OUTSTANDING <249,029.>
ADJUSTMENTS <98.>
ADJUSTED TREASURER'S BALANCE $7,385, 145.
CITY OF ATASCADERO
MURIEL C. KORBA
City Treasurer
a:treas-rpt #40
ALL FUNDS - GENERAL ACCOUNTfINVESTMENTS
RESERVED UNRESERVED
CASE (1) CASH (2)
FUNDS
ASK.-neral Fund Pooled Cash $ $1,426,,270. (3)
'Was Tax Fund Pooled Cash 80,854.
Development Fee Pooled Cash 12x069.
A.D. #4 - Reserve Pooled Cash 49,712.
Zoo Enterprise Pooled Cash < 93x541.>
Payroll Trust Pooled Cash < 25r459.>
TRAN Repayment Pooled Cash -0-
Donations Pooled Cash 3,055.
CDBG Economic Grant -0-
93 STBG-699 Pool Cash 262~750.
93 EDBG-268 Pool Cash <4,260.>
Dial-A-Ride Pooled Cash <42,862.>
Wastewater Fund Pooled Cash 1,753,964.
Lake Park Pavil. Pooled Cash < 23,043.>
Aquatics Pooled Cash < 8,804.>
Recreation Pooled Cash < 321602.>
Tree Plant Fund Pooled Cash 30+918.
Tree Assn Fund Pooled Cash 11911.
Sidewalk Trust Pooled Cash 45, 194.
Emergency Services Pooled Cash 91045.
Police Training Pooled Cash < 3,665.>
Weed Abatement Pooled Cash 281376.
A.D. #3Redemptn. Pooled Cash 9,331.
A.D. #4 Redemptn. Pooled Cash 74,912.
A.D. #5 Redemptn. Pooled Cash 44,468.
Camino Real Redm Pooled Cash <2,056.>
02 Street A.D. Redemptn Pooled Cash 62,528.
9 COP Debt Svc Pooled Cash < 29,665.>
Capital Project Pooled Cash < 1881062.>
189 COP Const. Pooled Cash < 17436.>
Pol. Dev. Fees Pooled Cash < 146817.>
Fire Dev. Fees Pooled Cash 42,081.
P&R Dev. Fees Pooled Cash < 184„496.>
Drain. Dev. Fees Pooled Cash 410,658.
Amapoa-Tec. Fee Pooled Cash 225',, 037.
Public Works Pooled Cash 415,690.
St. Main. Dist. Pooled Cash 46,,224.
TDA Non-Transit Pooled Cash 1310,683.
Sewer Facilities Capital 1,766,397.
Camino Real Const. Pooled Cash 3771,436.
Las Encinas Const. Pooled Cash 122,913.
3F Meadows Const. Pooled Cash 70„458.
Santa Rosa A.D. #7 Pooled Cash 40,737.
TOTAL ALL FUNDS 249,867. $6,536,854.
CASH WITH FISCAL AGENT
Camino Real Resr Cash $ 203,427.
92 St. A.D. Resv Cash 45,691.
Wastewater Fund Cash 70,297.
Camino Real Redm. Cash 79,322.
2 St. A.D. Redm. Cash 3,464.
9 COP Debt Svc. Cash 196,223.
TOTAL WITH FISCAL AGENT $ 598,424.
TOTAL RESTRICTED AND
UNRESTRICTED CASH $7,385,145. 0(F;003
INVESTMENTS
TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS, AND
LOCAL AGENCY INVESTMENT FUND
7/31/94 •
INTEREST
TIME DEPOSITS: AMOUNT RECEIVED (4)
Orange County Investment Pool/TRAM $ 25,000. $ -0-
Orange County Investment Pool 6,563,266. -0-
Local Agency Investment Fund 6.886• 76•
TOTAL TIME DEPOSITS $6,595,152. 76.
Mid-State Interest Received 572•
TOTAL INTEREST RECEIVED $ 648. (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 $1,300,000. Tax Revenue Anticipation Note
(TRAN) from this fund including $59,634 interest at 4.60% per annum by
July, 1995.
(4) July, 1994 interest yields were as follows:
Orange County 7.39%
LAIF 4. 82%
Mid-State 1.92%
(5) This is actual amount deposited to City accounts through July 31,
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.
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda tem: A-8
Through: Andrew J. Takata Meeting Date: 09/27/94
City Manager L
File Numlber: TPM 94001
From: Henry Engen A40111111,
Community Development Director
I
SUBJECT:
Consideration of a tentative parcel map applicatio' to divide an
existing 1 . 35-acre (gross) lot into two (2 ) parce s of 0.54 and
0. 68 acres (net) for single family residential use. Subject site
is located at 8500 Portola Road (Marlin Maxs n/Wilson Land
, Surveys) .
E
RECOMMENDATION:
Per the Planning Commission' s recommendation, app` ove Tentative
Parcel Map 94001 based on the Findings contained in the attached
staff report and the Revised Conditions of Approval .
E
BACKGROUND:
On September 6, 1994, the Planning Commission con ucted a public
hearing on the above-referenced map. After discussion (see
attached minutes excerpts) , the Planning Commission recommended
approval of Tentative Parcel Map 94001 in accordance with staff' s
recommendations .
HE:ph
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Attachments : Staff Report - September 6, 1994
Planning Commission Minutes Excerpt - 9/6/94
Revised Conditions of Approval
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CITY OF ATASCADERO Item: B . 1
STAFF REPORT
FOR: _ Planning Commission Meeting Date: SEPTEMBEg 6,-19`94
BY: Gary Kaiser, Associate Planner(SAOi File No: TPM #94001
SUBJECT:
Consideration of a tentative parcel map application to divide an
existing 1.35-acre (gross) lot into two (2) parcels of 0.54 and
0.68 acres (net) 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);
2. That a Subdivision Exception be granted, based on the
Findings contained in Attachment E, relative to the extent
of required accessway improvement; and
3. That Tentative Parcel Map #94001 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. . . . . . . . . . . . . . . . . . . .Marlin Maxson
2. Representative. . . . . . . . . . . . . . .Wilson Land Surveys
3. Project Address. . . . . . . . . . . . . .8500 Portola Road
; 4. Legal Description. . . . . . . . . .Ptn. of Lot 4, Blk 12, A.C.
5. Site Area. . . . . . . . . . . . . . . . . . . . 1.35 acres (gross)
6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-X (Res. Single Family,
half-acre minimum lot size)
7. General Plan Designation. . . . .High Density Single Family
8. Existing Use. . . . . . . . . . . . . . . . .Single family residence
9. Environmental Status. . . . . . . . .Negative Declaration
posted July 26, 1994
1
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B. ANALYSIS:
The project site is located on the south side of Partola Road
roughly 600 feet west of its junction with Atascadero Avenue
(Attachments A & B) . The site is 1.35 acres in size and is
currently improved with a single family residence and two
accessory storage buildings. The applicant wishes' to subdivide
this site into two (2) parcels, one to contain the', existing
residence and another to be developed for single family
residential use at some future date (Attachment C)
The average slope of the site is less than five (5) percent and
no native trees, riparian habitat or other vegetation of critical
importance exists. Future grading impacts are therefore not
thought potentially significant. Sewage disposal is also not
thought to be an issue, as sewer service is readily available to
bothofthe proposed parcels (see existing sewer line and
easement shown on tentative map along westerly property line) .
Finally, the site is of sufficient acreage to where minimum lot
size requirements (i.e. , density) would be met -- both of the
proposed lots have a net area exceeding one-half acre.
Innocuous as it seems from the standpoint of density, landform
modification and sewage disposal, the project raises questions of
land-use and drainage that warrant consideration. The fact that
the project would result in the creation of a flag '' lot also
warrants discussion in light of Subdivision Ordinance language
that establishes specific Findings and criteria for flag lot
subdivisions.
Land Use/Zoning Consistences
As noted above, the site is within the RSF-X zone, '.wherein a
minimum lot size of one-half acre (net) is required for all
newly-created parcels. The net acreage of proposed Parcel 1,
after subtracting the recommended 10-foot offer of '';dedication
along Portola Road, is 0.68 acres. The net acreage of proposed
Parcel 2, after subtracting the accessway, is 0.54 '' acres. Both
of the proposed lots therefore meet acreage/density requirements.
Although zoning requirements related to minimum lot size would be
met, approval of the tentative map would result in ', ( 1) a storage
shed. on Parcel 1 that does not meet building setback requirements
and (2 ) a storage shed on Parcel 2 that is not allowed. The
reason the storage shed on proposed Parcel 2 is not allowed is
that storage is not an allowed principal use in th.Ls residential
zone (absent a residential use on the lot, the storage shed
cannot be considered accessory) . To address this zoning problem,
staff recommends that a condition of approval be il*posed that
both storage sheds be demolished or relocated to conform to
zoning requirements prior to Parcel Map recordation}.
2
000007
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Drainage
As noted above, the site is not particularly steep nor is
riparian vegetation typically associated with wetland areas
present. Nevertheless, there is a drainage swale that traverses
the property which conveys storm runoff to a culvert underneath
Portola Road. Based on engineered drainage information provided
by the applicant, the 18" culvert is not sufficiently sized to
accommodate a 100-year storm event. As a result, a backwater
condition would exist on the site during such a storm and a
portion of the site would be inundated (Attachment D) .
The floor elevation within the existing residence is at least two
feet above the determined high water mark and would therefore not
be subject to flood damage. Likewise, there is adequate area on
proposed Parcel 2 for a residence to be built outside areas
subject to- flooding. To ensure that current and future owners of
both lots are aware of potential flooding conditions, and to
ensure that the future construction of a residence on proposed
Parcel 2 is not located within the portion of the lot potentially
affected by flood waters, staff recommends that this flooding
potential be referenced on the Parcel Map and that areas of
potential inundation and flood elevations be outlined and marked
on a separate document recorded simultaneously with the
recordation of the Parcel Map (this recordation is required by
Section .11-6. 002(R) of the Subdivision Ordinance) .
Mandatory Flag Lot Findings/Neighborhood Consistency •
Proposed Parcel 2 is "predominantly situated behind another lot"
and is therefore defined by the Subdivision Ordinance as a flag
lot. Section 11-8.209 of the Subdivision Ordinance establishes
specific Findings that must be made in approving flag lots. One
required Finding is that the subdivision is consistent with the
character of the neighborhood in which it located. As shown by
one of the' Location Maps attached to this report (Attachment B) ,
there are numerous flag lots in the project area. Based on the
prevalence, of flag lots in this neighborhood, staff feels-the
proposed lots are indeed consistent with the neighborhood.
The other required Findings for flag lot approval -- that the
proposed flag lot is justified by topographic conditions and that
the construction of a standard street is infeasible -- should
also be rather easy to make. First, a subdivision design where
both new lots have equal frontage on Portola Road and share a
property line that is straight would result in excessively deep
and narrow lots with limited side yard areas. Such a design
would result in a new lot line that does not recognize site
topography as well as the proposed design. The proposed flag lot
design allows the new lot line to generally follow the
aforementioned drainage swale, as encouraged by the Subdivision
Ordinance (Sec. 11-8. 101 and Sec. 11-8.201) .
3
000008
With respect to the latter finding, the Engineering and Fire
Departments agree that there is little need for a "through
street" in the future, and that improvements beyond that
recommended herein -- normal single family driveway standards --
are not warranted. This is especially true given the fact that
one of the proposed lots is already developed with ',access
directly to Portola Road. Perhaps the strongest argument as to
the infeasibility of a City standard street (and/or the
construction of a road wider than that required for single family
use) is the amount of unnecessary site disturbance,; increased
impervious surface and neighborhood incompatibility that would
result.
(NOTE: Whatever the width and surfacing requirements are within
the accessway, there will have to be provisions for cross-
drainage so that the driveway does not act as a dam or otherwise
add to ponding conditions on the adjacent lot to the east. A
condition of approval has been included in Attachment H to serve
as a reminder of this during building permit review. )
Flag Lot Criteria/Subdivision Exception
Once it is established that mandatory Findings can ,be made,
"approvable" flag lot subdivisions should adhere to certain other
criteria, as follows (from Section 11-8.209 of the 'Subdivision
Ordinance) :
iA. The accessway serving the flag tot(s) shall not be included in the determination of
required lot area for any lot.
; B. The original tot shall have frontage on a dedicated street of at least the minimum length
required by these regulations for the zone in which it is located, plus the accessway
required to potential rear tots.
C. The accessway to the rear shalt be at least twenty (20) feet wide (developed to City
Standards) for residential zones, except where the accessway is more than one hundred fifty
(150) feet long it shall be at least twenty-four (24) feet wide with twenty (20) feet of
pavement. For all other zones, the accessway shall be at least thirty (30) feet wide with
a paved roadway at least twenty-four (24) feet wide.
D. Each lot shall have yards as required by the zoning regulations, including a ten (10) foot
setback along any accessway, whether easement or lot line.
E. The lot furthest from the street shalt own the accessway in fee. Other lots using the
accessway shalt have an access and utility easement over it.
F. Lots utilizing the accessway of a flag tot may be required to enter ';into a road maintenance
agreement to insure perpetual maintenance and repair of the accessway.
G. A reftectorized house numbering master sign shalt be located at the intersection of the
street and accessway, and individual reftectorized address signs shall be placed on the
right hand side of the driveway to each individual tot.
Conditions of Approval contained in Attachment H are adequate to
ensure proper address identification; otherwise, the project as
proposed satisfies all of these criteria. As discussed above,
however, staff feels that requiring the construction of a twenty
(20) foot paved road within the proposed accessway,' to serve only
4
0000{fin
one single family residence, is unjustified in this particular
case. Staff is therefore recommending that a Subdivision
Exception be granted and that no driveway improvements beyond
that required for single family residences in general be
required.
Environmental Review
It is clear from information provided that project approval would
not result in significant vegetation removal or grading.
Furthermore, it is staff' s opinion that drainage/land use
concerns discussed above are adequately addressed (mitigated) by
recommended conditions of approval. Upon completion of an
Initial Study, staff finds no substantial evidence that the
subject tentative parcel map application could have a significant
effect on the environment. A Negative Declaration has therefore
been ;prepared and posted (Attachment F) .
Review of Other Agencies
According to the Fire Department, a new fire hydrant is needed to
serve the proposed lots. A condition requiring placement of a
new fire hydrant somewhere along the site' s Portola Road frontage
is therefore recommended.
Recommended conditions of approval received from the Engineering
Divisiop call for a 10-foot offer of dedication and road
improvements along Portola Road to bring this section of Portola
Road, up to City Standards. Improvement of the abutting City
street(s) , if necessary to conform to City Standards, is a
standard requirement of subdivisions.
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 Parcel Map
Attachment D -- Potential Inundation Area
Attachment E -- Findings for Subdivision Exception
Attachment F -- Negative Declaration
Attachment G -- Findings for Approval
Attachment H -- Conditions of Approval
5
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CITY OF ATASCADERO ATTACHMENT B
LOCATION MAP (ZONING)
TPM #94001
COMMUNITY DEVELOPMENT
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CITY OF ATASCADERO ATTACHMENT C
TENTATIVE PARCEL MAP
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CITY OF ATASCADERO ATTACHMENT D
POTENTIAL INUNDATION ARE,
Orth n TPM #94001
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ATTACHMENT E - Findings for Subdivision Exception
• Tentative Parcel Map #94001
8500 Portola Road (Maxson/Wilson)
August 16, 1994
SUBDIVISION EXCEPTION FINDINGS:
The following Findings are made to avoid having to ''require the
subdivider and/or future owners of property affected by the
subject subdivision to construct improvements within the
accessway of proposed Parcel 2 beyond those normally required for
single family use:
1. The property to be divided is of such size or 'shape, or is
affected by such topographic conditions, that 'Iit is
-impossible, impractical or undesirable, in they particular
case, to conform to the strict application of '';the
regulations codified in the Subdivision Ordinance.
2. The cost to the subdivider of strict or literal compliance
with the regulations is not the sole reason for granting the
modification.
3. The modification will not be detrimental to the public
health, safety and welfare, or be injurious to other
properties in the vicinity.
4. Granting the modification is in accord with the intent and
purposes of the Subdivision Ordinance, and is 'consistent
with the General Plan and with all applicable ''specific plans
or other plans of the City.
TPM94001.exc
•
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CITY OF ATASCADERO ATTACHMENT F
NEGATIVE DECLARATION
« P o TPM #94001
1e7 COMMUNITY DEVELOPMENT
DEPARTMENT
CITY OF ATASCADERO
ENVIRONMENTAL COORDINATOR
NEGATIVE DECLARATION
CONCALNr1Y DEVF.WP.',NP DEPT. 6500 PAL-IAA AVE. ATASCADERO. C4 93422 (805)481-5035
APPLICANT: MAP-1:%r4 1-` "SOH
BSoo Poe.IoLA, Va rD
A cSc A��Zo�
CA 9-{'Zz
PROJECT TITLE: -ri\lIs- PAC-L
PROJECT LOCATION: $Soo PoiZ�LLA R,,-)LVD
PROJECT DESCRIPTION: 5,wa&J�04 1 .22 - AccV-0 C b, ) Lo-r IW-,)TO
Two i?#vMCEL 5 aF o.9'i- htJT O.64J, ALIZES .
FWDIYGS:
1. The project does aoc have the potential to degrade the environment.
2. The project will act achieve short-term to the disadvantage of long-te=environmental goals.
3. The project does not have impacts which are individually limited.but comulatively considerable.
4. The project will act cause substantial adve_me effects on human beings either directly or indLrec:ly.
D ETERMMATION:
Based on the above 9ndiags.and the information contained in:he 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 act have an adverse impact on the ettvtronment.
Henry Engen
Community Development Director
Date Posted: Z6 l ► t111-
Date Adopted:
C'30 1!•eY
ATTACHMENT G - Findings for Approval
Tentative Parcel Map #94001
8500 Portola Road (Maxson/Wilson)
August 16, 1994
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.
FLAG LOT FINDINGS:
1. The subdivision is consistent with the character of the
immediate neighborhood.
2. The installation of a standard street, either 'alone or in
conjunction with neighboring properties, is not feasible.
3. The flag lot is justified by topographical conditions.
000017
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ATTACHMENT H -- Conditions of Approval
Tentative Parcel Map #94001
8500 Portola Road (Maxson/Wilson)
August 16, 1994
CONDITIONS OF APPROVAL:
Planning Division Conditions
1. The two (2) existing storage sheds on the property shall be
demolished or relocated such that, following Parcel Map
recordation, no structures exist within the sewer easement
and Zoning requirements relative to building setbacks and
use are satisfied. Said demolition or relocation shall be
completed prior to the recordation of the Parcel Map.
2. Pians submitted for a building permit on proposed Parcel 2
shall include a grading and drainage plan prepared by a
registered civil engineer. Said plans shall be reviewed to
ensure that driveway improvements do not exacerbate ponding
on the adjacent property to the east potentially associated
with existing backwater conditions caused by the existing
18" culvert under Portola Road not being sized to
accommodate a 100-year storm event (see Attachment D) .
3. Immediately upon issuance of a building permit on proposed
Parcel 2, and prior to the start of flammable construction,
a reflectorized address identification sign shall be
installed in the location where the driveway connects to the
public right-of-way. Said address identification sign shall
be constructed in accordance with City Standards.
4. In lieu of the construction of a City Standard concrete
sidewalk (see Condition #17) , the applicant shall pay $25. 00
per lineal foot of property frontage along Portola Road for
the future construction of walkways as part of the "walk to
school plan. "
Fire Department Conditions
5. Prior to the recordation of the Parcel Map, a new fire
hydrant shall be installed along Portola Road. The precise
type and location of said fire hydrant shall be as approved
by the Fire Marshall and City Engineer.
Engineering Division Conditions
6. 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.
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7. The applicant shall enter into an Plan Check/inspection
agreement with the City. Prior to final inspection of the
improvements all outstanding plan check/inspection fees
shall be paid.
8. An encroachment permit shall be obtained from' the City
Engineering Department prior to the start of construction.
A pre-construction conference shall be held prior to
issuance of the encroachment permit.
9. A 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. Said soils report shall be submitted to
the City Engineer for review and approval by the soils
engineer prior to recordation of the Parcel Mep. The fact
• that-a soils report has been prepared shall be noted on the
Parcel Map and any soils problems that exist $hall also be
noted.
10. All improvements within the public 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%
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.
The applicant shall submit a Notice of Completion to the
City Engineering Department after final inspection of the
improvements for verification by the City. The Performance
and Materials Guarantees will be released 35 days after the
Notice of Completion is filed by the applicant. A copy of
the recorded Notice of Completion shall be submitted to the
City.
11. A six (6) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
12. All existing and proposed utility, pipeline, open space,
scenic or other easements are to be shown on the Parcel Map.
If there are building or other restrictions related to the
easements, they shall be noted on the Parcel Map.
13. All relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
2
00001,9
E
s
I
14. 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
parcel or its public utility easement.
15. Any utility trenching in existing streets shall be overlayed
to restore a smooth riding surface as required by the City
Engineer.
16. Drainage facilities shall be constructed to City of
Atascadero Standards.
All areas within the project boundaries which are subject to
inundation during the 100-year storm event shall be shown on
the grading and drainage plan. In addition, all areas
subject to inundation during a 100-year storm event shall be
-outlined and marked on a separate document and recorded
simultaneously with the Parcel Map.
17. Prior to recording of the Parcel Map, road improvement plans
prepared by a registered civil engineer shall be submitted
for review and approval by the City Engineer. 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. Portola Road shall be improved to a half-width
Collector Section (City Std 406) contiguous to the
property frontage exclusive of the curb, gutter
and sidewalk. The total pavement width of Portola
Road shall be 20' from centerline to edge of
pavement or face of A.C. dike, or as approved by
the City Engineer. The improvements may require
overlaying the existing pavement to remedy
excessive cross slopes or grade breaks, 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. Slope easements shall be provided as needed to
accommodate cut or fill slopes.
C. A 10' offer of dedication shall be provided along
Portola Road contiguous to the property frontage.
Said offer of dedication shall be recorded prior
to or in conjunction with the recordation of the
Parcel Map.
3
'000020
18. 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.
19. A blackline clear Mylar (0.4 mil) copy and a blue line print
of the Parcel Map shall be provided to the City upon
recordation.
20. 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 Parcel
Map.
21. A Parcel 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 preliminary subdivision guarantee, title report and tax
bond certificate shall be submitted for review in
conjunction with the filing of the Parcel Map.'',
22. 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 is affected by ',these
improvements.
23. All work shall be completed or bonded for prior to recording
the Parcel Map. The applicant shall enter into a deferred
improvement agreement with the City if the work is to be
bonded. The agreement shall be fully executed prior to
recording the Parcel Map. All improvements shall be
completed within one year of the recordation of the Parcel
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.
tpm94001.con
4
000021
MINUTES EXCERPTS
CITY OF ATASCADERO
PLANNING COMMISSION
9/6/94
ACTION MINUTES
SUBJECT: B.1. TENTATIVE PARCEL MAP #94001:
Application submitted by Marlin Maxson (Wilson Land Surveys)
to divide an existing 1 . 35-acre (gross) lot into two (2)
parcels of 0 . 54 and 0 . 68 acres (net) for single-family
residential use. (Subject site is located at 8500 Portola
Road) .
(Kaiser)
� )
STAFF RECOMMENDATION: (Ka
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) ;
2 . That a Subdivision Exception be granted, based on the
Findings contained in Attachment E, relative to the
extent of required accessway improvements; and
3 . That Tentative Parcel Map #94001 be approved based on
the Findings for Approval contained in Attachment G and
the Conditions of Approval contained in Attachment H.
TESTIMONY:
Ken Wilson, of Wilson Land Surveys and representative of the
applicant, requested the Commission to waive three conditions : a)
Road Improvements (Condition #17) ; b) In Lieu Fee for Sidewalks
(Condition #4) ; c) Fire Hydrant requirement (Condition #5)
explained why the applicant feels these waivers are justified.
Nessio Felli, 8320 Portola Road, Atascadero. Mr. Felli wanted to know
if sidewalks are required on Portola and expressed that neither he nor
the other neighbors want sidewalks on this rural road. At Chairman
Johnson' s request, Mr. Decamp explained that this area provides for
a "side walk area" (i .e . , a space sufficient for safe walking along
the side of the road) , because this area is very heavily utilized by
children walking to and from school and is included in the General
Plan' s Route To School Plan. Mr . Felli was concerned that
notification of these actions be communicated to those impacted by a
change . Mr. Felli also mentioned that the 35 mph sign was never
replaced Mr.
er throad Fell i agreed waspaved,
vthhere eventhoughoh be a a safe called
place hfor
times .
people, especially children, to walk.
(Page 3 of 8)
000022
Planning Commission - Action Minutes, 9/6/94
Item B.1. , cont'd
i
Regarding the road improvement conditions, John Shahan commented that
if it will be 15 to 20 years before another parcel along Portola is
required to widen the road, it might be more prudent ''to wait to apply
asphalt . He has applied asphalt in his own projects and has found
that with daily traffic and weather, within just a few years the
asphalt deteriorates and requires re-surfacing. It would seem to be
a benefit to the City and to allpeople concerned that a small fee
should be charged (that would go into some type of an interest-bearing
account) to those people in the district where the road is to be
developed or widened. Then, when the time comes, it can all be done
at once and sufficient funds would be available. Also, the fire
hydrant condition for this particular project would benefit at least
half of the existing parcels in that area. Consequently, it seems as
though it would be more equitable to assess all those parcels with a
small fee rather than make this one applicant pay', for the entire
hydrant .
ACTION: Approve staff recommendations numbers: 1 and 2 .
Motion: Miller
Second: Wallace
AYES: Miller, Wallace, Bonnema, Edwards, Messer, Johnson
NOES : Lochridge
ABSENT: None
ACTION: Approve staff recommendation number 3'Iwith amendments
to Attachment H, Condition #17 and Condition #25 (see
attached) .
Motion: Miller
Second: Messer
AYES: Miller, Messer, Wallace, Bonnema, Edwards, Johnson
NOES : Lochridge
ABSENT: None
Commissioner Lochridge asked that the record reflect the fact that his
no vote on was based on the understanding that he was voting on the
entire staff recommendation package, rather than just Recommendation
#3 . He requested that the items be taken in order. Chairman Johnson
indicated that it was too late to take the items inorder since the
voting was already completed for Recommendation #3 .
(Page 4 of 8)
0O YOZ3
r
I
ATTACHMENT H -- Revised Conditions of Approval
Tentative Parcel Map #94001
8500 Portola Road (Maxson/Wilson)
Revised by Planning Commission at hearing held September 6, 1994
CONDITIONS OF APPROVAL:
Planning Division Conditions
1. The two (2) existing storage sheds on the property shall be
demolished or relocated such that, following Parcel Map
recordation, no structures exist within the sewer easement
and Zoning requirements relative to building setbacks and
use are satisfied. Said demolition or relocation shall be
completed prior to the Tecordation of the Parcel Map.
2. Plans submitted for a building permit on proposed Parcel 2
shall include a grading and drainage plan prepared by a
registered civil engineer. Said plans shall be reviewed to
ensure that driveway improvements do not exacerbate ponding
on the adjacent property to the east potentially associated
with existing backwater conditions caused by the existing
18" culvert under Portola Road not being sized to
accommodate a 100-year storm event (see Attachment D) .
3. Immediately upon issuance of a building permit on proposed
Parcel 2, and prior to the start of flammable construction,
a reflectorized address identification sign shall be
installed in the location where the driveway connects to the
public right-of-way. Said address identification sign shall
be constructed in accordance with City Standards.
4 . In lieu of the construction of a City Standard concrete
sidewalk (see Condition #17) , the applicant shall pay $25.00
per lineal foot of property frontage along Portola Road for
the future construction of walkways as part of the "walk to
school plan. "
Fire Department Conditions
5. Prior to the recordation of the Parcel Map, a new fire
hydrant shall be installed along Portola Road. The precise
type and location of said fire hydrant shall be as approved
by the Fire Marshall and City Engineer.
Engineering Division Conditions
6. 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.
o(I o �
7. The applicant shall enter into an Plan Check/Inspection
• agreement with the City. Prior to final inspection of the
improvements all outstanding plan check/inspection fees
shall be paid.
8. An encroachment permit shall be obtained fromtthe City
Engineering Department prior to the start of construction.
A pre-construction conference shall be held prior to
issuance of the encroachment permit.
9. A 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. Said soils report shall be submitted to
the City Engineer for review and approval by the soils
engineer prior to recordation of the Parcel Matp. The fact
that- a soils report has been prepared shall be noted on the
Parcel Map and any soils problems that exist shall also be
noted.
10. All improvements within the public 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%
Maintenance Guarantee shall be posted to cover the
S 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.
The applicant shall submit a Notice of Completion to the
City Engineering Department after final inspection of the
improvements for verification by the City. The Performance
and Materials Guarantees will be released 35 days after the
Notice of Completion is filed by the applicant. A copy of
the recorded Notice of Completion shall be submitted to the
City.
11. A six (6 ) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
12. All existing and proposed utility, pipeline, open space,
scenic or other easements are to be shown on the Parcel Map.
If there are building or other restrictions related to the
easements, they shall be noted on the Parcel Map.
13. All relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
R
00 001.5
14. 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
parcel or its public utility easement.
15. Any utility trenching in existing streets shall be overlayed
to restore a smooth riding surface as required by the City
Engineer.
16. Drainage facilities shall be constructed to City of
Atascadero Standards.
All areas within the project boundaries which are subject to
inundation during the 100-year storm event shall be shown on
the grading and drainage plan. In addition, all areas
subject to inundation during a 100-year storm event shall be
outlined and marked on a separate document and recorded
simultaneously with the Parcel Map.
17. Prior to recording of the Parcel Map,
pEepaEed b a Eeg-ist-eEed e-ivil engineeE shall be submitted
fer Eeview and appreval -the-E'
ifevement—plans shall eenferm to-the EequiEements of the
c1 It aEd Speeifle�tens,Seetie 2 - nr a+, e
Plans.—R-value testing shall be dere, and the pavement
seetien designed-by- a meg-isteEed el v it engineer te the
sad-isfaet-ren-ef the-Ei-ty Engineer. Read -i m' o n c shat- •
i-ne-ludey but be-limited-te the fe , =--
ccs—iPeEtelco—Read shall be—impEeved te—a half--'idid'c-h
Gel l eeter S eetieR (Cly-Std-4 0 6 ) e ent geen s-te the
pEepeEty fE-entage-eiEelusive-ef the ems-gutter
and sidewalk. The tetal pavement width of "eFte,
Read shall be 201 fE-em eenterlrite--te edge-ef
pavement eE €aee-ef A.G. dike y er as appreved�
the City En+g-i-neeE a The impEevements may
everlaylFig the eNiStiRg pavement-te-rremedy
meessive-eiess-slepes er grade-bFeaksremedy-air
iRadequate-struetural-seezien er to remedy -a
de-teEier-aced paviAgsu€aee. TEaasitiens-7 'lbe
eenst rueted where -ed-te-aehieve a.-smeet-h
dein with existiag .
b. Slope easements shall be provided as needed to
accommodate cut or fill slopes.
C. A 10 ' offer of dedication shall be provided along
Portola Road contiguous to the property frontage.
Said offer of dedication shall be recorded prior
to or in conjunction with the recordation of the
Parcel Map.
18. 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.
19. A blackline clear Mylar (0.4 mil) copy and a blue line print
of the Parcel Map shall be provided to the City upon
recordation.
20. 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 Parcel
Map.
21. A Parcel 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 preliminary subdivision guarantee, title report and tax
bond certificate shall be submitted for review' in
conjunction with the filing of the Parcel Map. ',
22. 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 is affected by these
improvements.
23. All work shall be completed or bonded for prior to recording
the Parcel Map. The applicant shall enter into a deferred
improvement agreement with the City if the work is to- be
bonded. The agreement shall be fully executed prior to
recording the Parcel Map. All improvements shall be
completed within one year of the recordation of the Parcel
Map.
24 . This tentative map approval shall expire two (Z ) years from
the date of final approval unless an extension'' of time is
granted pursuant to a written request receive& prior to the
expiration date.
25. Prior to Parcel Map recordation, all sewer annexation fees
shall be paid.
tpm94001.co2
000027
REPORT TO CITY COUNCIL I
CITY OF ATASCADERO Agenda tem: A-9
Through: Andrew Takata Meeting Date: 09/27/94
City Manager
File NU� ber: TPM 93001
From: Henry Engen Af/
Community Development Director
SUBJECT: j
s
Acceptance of Final Parcel Map #93001 to subdividejtwo (2) exist-
ing lots containing 10.75 acres into four (4) parc is containing
2 .63 acres, 2. 64 acres, 2. 68 acres, and 2.77 acres Subject site
is located at 4805 and 5205 Carrizo Road. (Richard Hawkins/
Wilson Land Surveys)
RECOMMENDATION:
Acceptance of Final Parcel Map 93001.
I
i
BACKGROUND:
i
On July 27, 1993, the Atascadero City Council cons0ered the
above-referenced map on its' Consent Calendar. Council concurred
with the Planning Commission's recommendations to approve TPM
93001 in accordance with the Findings and Conditions of Approval.
All conditions have been completed by the applicant.
HE:ph
Attachment: General Plan Map
cc: Richard Hawkins
Ken Wilson
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QCI0`'r ;
EXHIBIT A
CITY OF ATASCADERO TPM 93-001
its "- COMMUNITY DEVELOPMENT General Pian Map
DEPARTMENT
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Oq,T- 9 27 4 fT'Es f A-10
RESOLUTION NO. 104-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
REGARDING CALTRANS'S SEISMIC PROJECTS AND
IMPACT NO LOCAL PROJECTS
WHEREAS, The Northridge earthquake in January again emphasized the need
for seismic safety in California; and
WHEREAS, In reacting to those concerns Proposition 1A, ra $2 billion bond
measure, was presented for voter approval at the June 1994 election; and
WHEREAS, Said measure failed to pass; and
WHEREAS, It then appeared that the State, in reacting to those seismic
concerns and the election results, would devote available financial resources in its
transportation system to concentrate virtually all of its efforts on seismic retrofit
projects; and
WHEREAS, Had such been done, most of the effort would have been
concentrated in the Los Angeles and San Francisco Bay areas of the State; and
WHEREAS, Many much-needed transportation projects throughout the State
would have been delayed for a number of years; and
WHEREAS, Such concentration of activity on only seismic retrofit projects
would have had a very adverse impact on transportation safety and convenience to
the travelling public in much of the State, as well as a very significant adverse impact
on the economy of much of the State in this recession-ridden period.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero, as follows:
1 . The Council requests that the State resolve the matter of seismic safety
funding from sources of revenue that will not jeopardize the funding and
timing of other much needed transportation projects, and particularly
those which are cooperative projects involving Federal, State and local
governments.
2. The Council recommends that the State establish a dedicated short-term
financing mechanism for seismic retrofitting of structures, even if that
financing mechanism results in the State returning to the 10-year seismic
retrofitting program.
3. The Council strongly urges the State to give fair and equitable treatment
of transportation facilities throughout the State so that local economies
are not aggravated any further in these recession ridden times.
000030
i
Resolution No. 104-94, cont'd
4. The Council recommends establishing a reliable funding source to
address the long-term transportation funding needs in California.
The foregoing resolution is hereby adopted on the following vote:
AYES:
NOES:
ABSENT: Carden
ADOPTED:
CITY OF ATASCADERO:
R. DAVID BEWLEY, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
O00032
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda item: B-1
Through: And Takata C'
Andy , ity Manager Mtg Date: 9/27/9:i
Via: Henry Engen, Community Development Director W
From: Gary Kaiser, Associate PlannerG10421 ile No. : SMARA
I� SUBJECT:
Millhollin Quarry -- Consideration of proposed Inte im Operational
Agreement to re-open the subject quarry P . � q ry based on ew operational
parameters that minimize neighborhood
impacts tsanda
g p new conceptual
plan for the ultimate reclamation/reuse of theY ua r property.
q P P
Y
RECOMMENDATION•
Staff recommends the City Council enter into an Agreement with Mr.
Millhollin and the County of San Luis Obispo, but that the format
and terms of the agreement be modified from the County's proposal
as reflected in the Draft Agreement contained in Attachment G.
BACKGROUND:
s
The Millhollin Quarry was established at its preset location in
the 11600 block of Santa Lucia Road back in the year 1945.
Pursuant to requirements of the Surface Mining and Peclamation Act
(SMARA) , a reclamation plan was approved for the q arry in 1980.
This reclamation plan, approved by the Count Engineering
Department without benefit of CEQA and its public noticing
requirements or State Geologist review for conformance with mining
and reclamation standards, remains operative today.
In the early 1990' s, use of the quarry by the Coun y of San Luis
Obispo increased rather dramatically. This increased use of the
quarry triggered numerous citizen complaints and questions that, ,
based on the 1980 reclamation plan, were difficult to answer. In
addition to reclamation plan vagueness, the City' s efforts to
respond to citizen complaints were further frustrated by the fact
that the City of Atascadero was not recognized by the State as
having lead agency status pursuant to SMARA. I n response to
citizen complaints and an internal desire to g in regulatory
control over the quarry, the City sought to , assume lead agency
status through certification by the State Mining and Geology Board
(Attachment A) .
0
Once lead agency status was secured, the City required an
inspection of the quarry for compliance with applicable State and
local requirements. On June 8, 1993, the inspection report was
presented to the City Council (Attachment B) . Based on the
inspection report, the Council found the quar y to be in
substantial compliance with its approved reclamation plan, but
0(1003`'
determined the reclamation pian to be inadequate. The Council
allowed continued use of the quarry but established a deadline for
submittal of a revised reclamation plan.
On September 8, 1993, just before the 3-month deadline established
by the Council in June, a revised reclamation plan was received
from Mr. Millhollin. Although the plan did propose to recontour
the face of the quarry, it also proposed to chop up to sixty (60)
feet off the top of the ridge to create three large, flat pad
areas. Mr. Millhollin was informed that the application was
incomplete and that, based on staff' s preliminary review, an
Environmental Impact Report (EIR) would be required.
On December 14, 1993, the Council considered Mr. Millhollin' s
request for additional time to prepare another more sensitive
reclamation plan (Attachment C) . An additional three months was
granted -by the Council with the informal agreement that the quarry
would remain closed in the interim.
On March 8, 1994, the Council was provided a status report on
progress made since the Council' s December 14, 1993 meeting
(Attachment D) . By this time, Mr. Millhollin had retained design
professionals to explore options for site reclamation/reuse and
several alternative schemes were being reviewed by staff. The
Council once again agreed to continued negotiations, with the
understanding that the quarry would remain closed, but warned that
no proposal to re-open the quarry would be approved unless it
incorporated neighborhood input and was reasonably responsive to
neighborhood concerns.
On May 24, 1994, an Interim Operational p 1 Plan was received from the
County Engineering Department (Attachment E) . However, staff was
directed by Mr. Millhollin and his representatives not to begin
processing this proposal because they were unsure as to whether
such a short-term operational proposal should be presented
separately from revised long-term plans.
On June 22, 1994, the first neighborhood meeting was held. Neither .
the Interim Operational Plan nor long-range plans for site
reclamation/reuse were presented at this hearing. Mr. Millhollin' s
representatives wanted to use this meeting to hear first hand from
neighborhood residents and reaffirm their understanding of
neighborhood concerns.
On September 16, 1994, another neighborhood meeting was held. This
time, neighborhood residents were presented with the County' s
proposed Interim Operational Plan and latest conceptual long-term
plan for the property. Following presentation of these plans, the
remainder of this meeting was dedicated to a question and answer
period. With Mr. Millhollin, Mr. Millhollin' s consultants, the
County Engineering Department, the City Attorney, and City Planning
Division all present, the meeting provided a good primer for
neighborhood residents with respect to understanding what is now
being proposed.
000'033
DISCUSSION•
Notwithstanding displeasure expressed by neighborhood d residents and
staff, it is Mr. Millhollin's contention that the establishment of
the quarry back in 1945 and the approval of a reclamation plan for
the quarry in 1980 have conferred a vested right to operate the
quarry. While the amount of material that can be ''extracted from
the quarry under this alleged vested right is unclear, it is
readily apparent that appropriate restrictions pertaining to day-
to-day quarry operations do not exist under the 1980 plan.
Moreover, the 1980 reclamation plan fails to establish a
discernable sunset date for the ultimate closure of' the quarry and
does not provide for reclamation of the quarry property in a manner
that would be desirous under today' s standards.
When Mr. Millhollin agreed to cease quarry operations back in
Decemberof1993, he did so without waiving what he feels are
vested rights to operate. Although substantialprogress has since
been made with respect to the preparation of revised long- and
short-term plans for the quarry, he no longer agrees that quarry
operations should remain closed during the interim period while
revised plans are being completed, reviewed and approved.
Based on several meetings and conversations with Mr. Millhollin and
his legal counsel, staff is convinced that only through some sort
of interim operational agreement -- to allow proceeds from the
quarry to be used by Mr. Millhollin to fund the, completion of
revised long-term plans required by the City -- can litigation be
avoided.
The Proposed Operational Plan
The operational plan proposed by the County Engineering Department
speaks to the total amount of material allowed to be removed from
the quarry over a year's time and offers a typical '':scenario as to
the amount of material to be removed each day. Irk addition, the
plan proposes to ( 1) limit the operation to between the hours of
8: 00 am to 5:00 pm; (2) remove equipment from the quarry site,
during idle periods; and (3) muffle equipment motors and back-up
alarms. The plan also states that truck drivers would be
instructed not to drive in excess of 30 MPH (less than posted speed
limit) , that traffic warning signs would be installed to warn
motorists of trucking activity and that additional "No Trespassing"
signs would placed on the site to further deter trespassers.
The Conceptual Long-Range Plan
One of the reasons the City has required that the 1980 reclamation
plan be revised has to do with the condition of the property after
mining. Albeit vague, the plan generally indicates ';the hill would
consist of a linear series of steep cut slopes and flat benches.
h
00'0034
Since the quarry has been closed for negotiations, several
alternative plans for a more sensitive reclamation/reuse scheme for 40
the property were being reviewed by staff. Creative as these
alternatives may have been, none of the options agreeable to all
parties were particularly impressive to staff until the emergence
of the most recent conceptual drawings prepared by Omni Design
Group (Attachment F) . This conceptual plan shows slopes laid back
and benched, as required for safety reasons, but shows that this
can be accomplished in a more natural-appearing and potentially
reusable manner.
While the conceptual plan prepared by Omni Design Group may be
refined and modified during formal application review, it
represents a basic landform configuration that staff feels could
ultimately be approved. It is certainly superior to the existing
reclamation plan for the quarry and any other mutually agreeable
alternative prepared so far.
Neighborhood Input
Comments and concerns expressed by neighborhood residents regarding
the quarry in general have been communicated to the Council in past
staff reports (see Attachments for reiteration) . Wishing, really,
that the quarry would just go away, neighbors have expressed
concerns ranging from truck traffic associated with the quarry
being a threat to public health and safety through environmental
degradation, noise, dust, drainage/erosion, and aesthetics to how
modifications of the ridgeline may affect local climatic
conditions.
In regards to the particulars of the Interim Operational Agreement,
it seems neighborhood concerns are divided. For example, some
residents would like to see the site reclaimed (material removed)
as soon as possible, while others seem almost disinterested in when
the ultimate reclamation/closure occurs provided the amount of
material removed each day/year is minimized. Others yet feel the
City should refuse any agreement to re-open the quarry and pursue
the legal fight over whether or not vested rights do in fact exist
and to what extent. One thing the neighbors seem to agree on, if
such an agreement is to be approved, is that measures to protect
public safety ought to be required to the maximum extent possible
and made enforceable.
Staff has been assured that neighborhood residents will be well-
represented at the hearing, so there is little need for an
exhaustive staff interpretation herein. Suffice it to say that the
Draft Agreement prepared by staff has been modified from the
County' s proposal in response to neighborhood concerns, but only to
the extent that the County and Mr. Millhollin will likely agree to.
•
000035
P
The Draft Agreement
The Draft Agreement was prepared by staff using the operational
plan received from the County Engineering Department', as a skeleton.
The format has been changed so that it's enforceable, and specific
language has modified/added to ensure that neighborhood concerns
are addressed to the extent mutually agreeable.
Until the Agreement is actually signed, essentially all of the
requirements and operational parameters are open to negotiation.
That is, specific operational provisions are, for ;the most part,
contained in the Agreement to appease neighborhood '.residents, not
because they are necessary to comply with some legal or technical
requirement. The Council should carefully consider the terms of
the Draft Agreement and, in light of testimony received from the
public, County, Mr. Millhollin and City Attorney, feel free to make
any changes they want provided the County and Mr. Millhollin agree
to the final product. Within limits, the crux' of the staff
recommendation will be that an agreement of some sort be reached.
CONCLUSION:
The 1980 reclamation plan, under which Mr. Millhol�lin claims to
have a vested right to operate the quarry, does '4not limit the
amount of material extracted per day nor does it include
operational parameters that address the hours/days' of operation,
. dust, noise, traffic safety, security, etcetera. Moreover, the
existing reclamation plan does not provide for site :reclamation in
manner desirous to the City nor does it establish a sunset date for
the ultimate closure of the quarry.
The proposed Agreement would establish these much-needed
operational parameters and would establish caps as to the
hours/days of operation and the amount of material'; allowed to be
removed in any given day. Moreover the Agreement affords Mr.
Millhollin the time and funding source necessary to complete and
file revised reclamation plans, as desired by the City, without
having to dispute questions of vested rights in court.
Attachments:
Attachment A -- April 14, 1992 staff report
Attachment B -- June 8, 1993 staff report
Attachment C -- December 14, 1993 staff report
Attachment D -- March 8, 1994 staff report
Attachment E -- Operational plan proposed by the County
Attachment F -- Conceptual plan for site reclamation
Attachment G -- Draft Agreement
• CC:gvk\mil-iop.cc
000036
ATTACHMENT A
4/ 14/92 STAFF REPORT
INTERIM OPERATIONAL AGR ' MT
REPORT TO CITY COUNCIL -
CITY OF ATASCADERO
Agenda item: D-30
Through: Ray Windsor, City Manager Mtg. Date: 4/14/92
Via: Henry Engen, Community Development Directory
From: Gary Kaiser, Associate Planner 64- File No. : SMARA
SUBJECT:
Assuming lead agency responsibilities and associated regulatory
control over surface mining operations
RECOMMENDATION:
Staff recommends that the City of Atascadero assume lead agency
responsibilities for surface mining operations within its
jurisdiction through certification by the State Mining and Geology
Board (Board) . In order to accomplish this, Council must: (1)
adopt a new ordinance relative to surface mining and reclamation
activities; and (2) direct staff to develop a work schedule, which
may involve obtaining the services of a consultant, for performing
annual inspections of existing mining operations and ensuring that
adequate financial assurances exist for the reclamation of all
mined lands.
BACKGROUND:
Recent amendments to the State Surface Mining and Reclamation Act
(CA PRC Section 2710 et seq. -- SMARA) require local lead agencies
to ( 1) conduct annual inspections of all surface mining operations
within their jurisdiction for conformance with applicable state and
local requirements, and (2) ensure that adequate financial
assurances exist to guarantee reclamation of mined lands. The
inspections, which are required this year and every year hereafter,
are to be prepared on a .state-issued form.
When staff sought to obtain the necessary forms, we were informed
by the Board that Atascadero was not a "certified" lead agency
authorized to perform the newly required inspections. In fact, we
were told that the City of Atascadero has no authority whatsoever
to implement the provisions of SMARA, regardless of existing Zoning
Ordinance language addressing surface mining and reclamation
activities, until such time as we become certified. The Board went
on to state that, although there are two mines now located within
our incorporated jurisdiction, lead agency status remained with the
County. The County has made it clear that they would rather not
regulate mines within our City Limits, even though they were the
agency that had approved the original entitlements for these two
operations prior to incorporation.
The two (2) surface miningoperations P within the Ata Cit ', of
City' scadero
are: the Salinas Sand Company operation on Atascaderp Mutual Water
Company property within and adjacent acent to the Salinas 4iver channel;
located in the 11500 block
and the so-called Millhollin Pit of
Santa Lucia Road. Due to the provisions of SMARA, and the current
vesting of responsibility with the County, the City's regulatory
powers are extremely limited with respect to ,these mining
operations.
There have been several citizen complaints relative to both mining
sites and, in order to effectively respond, the City';would have to
be designated lead agency under SMARA through certification by the
Board.
Assumina Lead Agency Status
Board certification is granted by our transmitting an '';adopted local
ordinance (regulating surface mining and reclamation ''activities in
accordance with SMARA) to the Board for review and approval.
On January 30, 1992, relevant pages of the Zoning Ordinance were
forwarded to the Board for preliminary review. Six (6) weeks
later, after receiving no response from the Board, staff inquired
as to the status of that review. Apparently our existing Zoning
Ordinance language confused Board staff with respect to the
modifications/amendments necessary for "approvability. ,,
Alternatively, the Board suggested we consider adopting a model
ordinance on the subject, which is fully up-to-date with SMARA
regulations. Such an ordinance has been attached hereto for review
and introduction.
SMARA Im lementation -- Consultant
- o Needed
Once
certified rtified b
y the Boa
rd, the City's immediate responsibilities SMARA would be two-fold.
The Cit would be obligated to:
Y i
inspect each of the surface mining operations :, withinits
jurisdiction for SMARA compliance and conformance to all applicable
local requirements and approvals, and (2) ensure that adequate
financial assurances exist, in a form payable to and approved by
both the City and State Geologist, to guarantee site ;!reclamation.
Both of these duties will require time and expertise beyond that
currently available in house. It is anticipated, therefore, that
a consultant would have to be retained by the City to perform
required inspections, recognizing that SMARA regulations permit the
costs associated with such outside expertise to be charged to the
respective mine owners.
Fiscal Impact_:
According to an October 3, 1990 letter from James A. Anderson,
Chairman of the State Mining and Geology Board, lead agencies are
authorized to charge mining operations for their costs of
administering SMARA. In fact, SMARA Section 2774(b) states that
"the operator shall be solely responsible for the reasonable cost
of the inspection (emphasis added) ."
Thus, the direct cost of the required inspections, plus a
reasonable administrative fee, is the responsibility of the
"applicants. " It is anticipated that inspections will be conducted
and reports generated following
Report similar o that
currently
used for Environmental Imp p ro
CONCLUSIONS:
The City presently has very little control over existing surface
mining activities within its jurisdiction, and has no authority to
act on new applications or amendments to existing entitlements.
Moreover, without obtaining lead agency status, the City is
impotent to respond to citizen complaints and/or other legitimate
ion. Once in control, new
concerns about a specific mine operat
no substantive fiscal
regulatory responsibilities should have
impacts.
Staff feels that Atascadero residents (and the natural environment)
would be best served, and best repthe C
resented, by y
assuming
lead agency responsibilities under SMARA.
Attachment -- Draft Ordinance 242
CC:RW/HE-gvk.smara
0000,39
(Amwft
I
ATTACHMENT B
6/8/93 STAFF REPORT
INTERIM OPERATIONAL AGR 'h
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-1
i •
Through: Ray Windsor, City Manager Mtg. ate: 6/8/93
Via: Henry Engen, Community Development DirectOrJA
From: Gary Raiser, Associate Planner BAR-" File No. : SHAM
SUBJECT:
Public hearing to consider the results of recent ;surface mine
inspections and provide direction to staff with' respect to
reporting inspection results to mine operators and the State.
RECOMMENDATIONS FOR REQUIRED INSPECTIONS:
Based on information contained. in Report of Results: Mined Land
Reclamation and Compliance, the Council should authorize staff to
finalize this year' s surface mine inspections and thereby:
1. Order the termination of mining activities on Atascadero
Mutual Water Company property (Salinas River Sand Pit) until
such time as a new surface mining permit (CUP) and Reclamation
Plan are approved per current requirements;
2. Allow continued exclusive use of the Santa Lucia Road mine
(Millhollin Pit) by the County of San Luis gbispo on the
condition that good faith efforts be made to have financial
assurances for site reclamation, and a revised Reclamation
Plan, approved in a timely manner. If financial assurances
are not approved within six (6) weeks of this hearing, and/or
if a revised Reclamation Plan is not submitted'; for approval
within three (3) months of this hearing, an order to cease
mining activities shall be issued. Both financial assurances
and the revised Reclamation Plan shall be reviewed under
current CEQA and SMARA requirements -- including',an assessment
of truck traffic and related impacts on circulation.
3. Admonish the County of San Luis Obispo as to the seriousness
of unsafe vehicle operations associated with their use of the
Santa Lucia Road mine (Millhollin Pit) .
PROLOGUE:
The purpose of this hearing is to: ( 1) gather general information
regarding mining activities and (2) authorize staff to finalize
required mine inspections. This item has not been: noticed as a
nuisance abatement hearing nor does it involve the approval or re-
approval of existing entitlements to conduct surface mining
activities.
000010
BACKGROUND:
The staff report prepared for the Council's April 14, 1992 meeting
(assuming lead agencies responsibilities and regulatory control
over surface mining operations) and memorandum to Council dated
August 7, 1992 (progress report on mine regulation) are attached
hereto and provide the background necessary for consideration of
this matter (Attachments A & B) .
Since distribution of the August 7, 1992 memorandum to Council, the
consulting firm of Sierra-Pacific Groundwater Consultants, Inc. was
selected to perform inspections of the two (2) mining operations
within the City and present inspection results in the form of a
draft report containing the following:
* Adequacy of existing Reclamation Plans;
* The degree to which the mining operations are in
conformance with existing Reclamation Plans and
applicable State and local requirements;
* The degree to which the existing Reclamation Plans and
mining operations conform to current mining and
reclamation standards;
* The estimated cost of site reclamation and the adequacy
of existing financial assurances for reclamation, if any;
* Recommendations for improving mining operations,
Reclamation Plans and/or streamlining future inspections.
On January 4, 1993, the draft report was made available for public
review and comment. After considering comments received, a final
report was prepared, entitled Report of Results: Mined Land
Reclamation and Compliance (transmitted to Council under separate
cover) . The final report provides the City with technical
information regarding mining activities in the City and facilitates
completion of the City' s first series of mine inspections (required
annually) .
ANALYSIS•
The Surface Mining and Reclamation Act (SMARA) requires lead
agencies to conduct annual inspections of surface mining operations
within their jurisdiction to ensure that mining activities are in
conformance with approved Reclamation Plans. The required
inspections and review of financial assurances for reclamation of
mined land are exempt from California Environmental Quality Act
(CEQA) requirements and do not require public hearings. Although
a public hearing is not required for the current task (completing
inspections) , it is felt that public input is necessary for the
Council to be made fully aware of mining issues. This is the
rationale for staff' s decision to present the Report of Results to
the Council at a noticed public hearing.
000041
Summary of Findings
• The consultant has found that both of the existing Reclamation
Plans for the two mines in Atascadero were approved by the County
in error -- neither was subject to environmental review, State
review nor public hearings, yet all of these things were required
at that time of original approval (1980) . In addition to these
procedural flaws, both of the approved Reclamation Plans are
fraught with technical oversights.
With respect to the required inspections, the consultant has found
the Salinas River (Mutual Water Company) mine to not be in
conformance with the approved Reclamation Plan. Generally, the
Salinas River Reclamation Plan relies on seasonal rains to reclaim
the site (fill the hole) naturally, yet on the date of inspection
a large depression was observed in the river channel indicating not
only that planned Reclamation was not working but that adverse
effects on stream flows and associated lateral erosio6 could result
from continued mining. The Santa Lucia Road mine (Millhollin Pit) ,
however, was found to be in substantial conformance with the
approved Reclamation Plan (however inadequate) . ' While in
substantial conformance with approved plans, the:: mine lacks
adequate financial assurances for reclamation.
Public Comment on Draft Report/Neighborhood Concerns'';
Although the final report responds to many of the comments
received, copies of actual written comments are not included in the
S report. Therefore, copies of three (3) letters received from the
public in regards to the Santa Lucia Road mine have been attached
hereto (Attachment C) . In addition to these letters, :a form letter
regarding this mine was circulated among neighborhood residents.
Thirty-three (33) people' signed and submitted this form, letter,
with several people adding comments of their own. A copy of the
form letter is contained in Attachment 'D.
These comments indicate a general discontent with the existence of
the Santa Lucia Road mine and that testimony to thit effect will
likely be received at the hearing. Generally; these comments are
an expression of the public's understandable frustration towards
the County and the fact that Reclamation Plan approval was granted
without due process (public hearings, environmental review, etc. ) .
SMARA Section 2774.1 (d) states:
"If the lead agency or the State Geologist determines that the
surface mine is not in compliance with this chapter, so that
the surface mine presents an imminent and substantial
endangerment to the public health or the environment, the lead
agency or the Attorney general, on behalf of the State
geologist, may seek an order from a court ;of competent
jurisdiction enjoining that operation."
i
000, 942,9 2,
SMARA Section 2715 includes the following language:
"No provision of this chapter or any ruling, requirement, or
policy of the Board is a limitation on any of the following;
(a) On the police power of any city or county or on the
power of any city or county to declare, prohibit
and abate nuisances. "
In response to public concerns, therefore, and realizing that the
Santa Lucia Road mine is a vested operation which is not up for re-
approval by virtue of the required inspections, the Council may
want to advise the public of the City's nuisance abatement process.
At a noticed public hearing, the Council, with City Attorney
present, could consider the legal ramifications of mine closure
based on public nuisance Findings.
CONCLUSIONS:
Upon f iling. inspection results with the State, the City would have
satisfied its first lead agency responsibility under SMARA. With
the availability of the Report of Results, the City can continue
efforts towards resolving mining-related problems which exist as a
result of poor planning practices of the past. Likewise, the City
is prepared to act on new mining/reclamation proposals, if and when
received, with knowledge of State requirements and in a manner that
ensures due process for its citizenry. .
Again, the inspections are not to confirm that existing Reclamation
Plans are adequate nor are they to reassess the appropriateness of
surface mining from a land use perspective. The inspections are
solely to ascertain whether mining activities are being conducted
in accordance with existing, approved Reclamation Plans.
Notwithstanding the fact that Reclamation Plans for both of the
City' s mining operations are inadequate; it has been found that one
mining operation (Millhollin Pit) is in substantial conformance
with its Reclamation Plan and one (Salinas River Sand Pit) is not.
Further, it has been found that continued use of the mine found not
to be in conformance (Salinas River Sand Pit) could have
detrimental effects to other properties and should therefore be
prohibited.
i
As far as long-term resolution of noted problems at the Santa Lucia i
Road site, staff feels the City should seek cooperation from the
County (mine operator) and Mr. Millhollin (property owner) in
establishing a workable timeframe for having a new/revised
Reclamation Plan approved that meets current SMARA, CEQA and
procedural requirements. In reviewing such a new/revised
Reclamation Plan for this mine, a "sunset dater should be
established for the eventual cessation of mining activities as ( 1)
eternal mining is fundamentally unrealistic and (2) mining will
continue to be an increasingly incompatible land use amid suburban
residential buildout of the surrounding area.
0000,13
Whereas immediate mine closure would solve problems associated with
traffic, noise and dust, and would protect the site ',from further
' disturbance, it does not appear to be the best long-term solution
for site reclamation. The existing scar in the hillside could
remain an eyesore with potential health and safety hazard
unsuitable for practically any reuse whatsoever. In staff' s
opinion, the preferred approach would be to have a well-conceived
new/revised Reclamation Plan developed that allows interim use of
the mine while working towards an acceptable end product for the
site and surrounding area.
Attachments:
Attachment A - Staff Report dated April 14, 1992
Attachment B - Memorandum dated August 7, 1992
Attachment C - Public Comments Received
Attachment D - Form Letter Received
Separate Cover: Report of Results: Mined Land ReQlamation and
Compliance, Sierra-Pacific Groundwater
Consultants, Inc. , May, 12 1993. ''
CC:RW/HE-gvk.smara2
0000=141
I
ATTACHMENT C
12/ 14/93 STAFF REPORT
INTERIM OPERATIONAL AGR 'MT
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: -2 0
Through: Andy Takata, City Manager Mtg. Date: 12 14 93
Via: Henry Engen, Community Development Director 4
From: Gary Kaiser, Associate Planner C':�9'1 File No. : SMARA
SUBJECT:
Millhollin Quarry -- Consideration of request for additional time
to modify proposed Reclamation Plan.
BACKGROUND:
Mr. Glenn Millhollin is requesting additional time to prepare, and
submit for approval, a revised Reclamation Plan for the existing
mining operation located in the 11000 block of Santa Lucia Road
(aka Millhollin Pit, Santa Lucia Road Quarry) . In addition, staff
is requesting Council direction regarding the approval or
disapproval of existing financial assurances for reclamation of the
subject site in light of comments recently received from the State
Department of Conservation.
RECOMMENDATION•
Staff recommends the following:
1. That existing financial assurances for the subject mining
operation be determined unapproved based on comments received
from the State Department of Conservation (Attachment A) ;
2. That Mr. Millhollin be informed of the unapproved status of
financial assurances and ordered to terminate all mining
activities on the subject property until such time as
financial assurances are approved by both the City and State;
3 . That Mr. Millhollin be granted an additional 3 months to
submit for approval a revised Reclamation Plan subject to the
following conditions:
a. That said revised Plan be prepared in accordance
with applicable State and local codes, regulations
and policies, as determined by the City and State
Department of Conservation; and
b. That Mr. Millhollin be responsible for the standard
cost of CEQA compliance (direct cost of a City-
selected consultant to prepare environmental
documentation plus administrative processing fees
equal to 15 percent of the direct cost) .
Alternatives to Recommendation #3:
4 . The Council could reaffirm the determinations and timeframes
. established by staff in a letter to Mr. Millhollin dated
October 6, 1993 (Attachment D) .
5 . The Council could direct staff to prepare a report that
provides legal options available to the City to order or
otherwise cause the termination of mining activities at or
associated with the subject quarry location.
DISCUSSION•
On June 8, 1993 the Council took action to require Mr. Millhollin
to ( 1) have financial assurances approved within six weeks of the
hearing date and (2) submit a revised Reclamation Plan for approval
within three months of the hearing date. The amount of the
financial assurances was to be consistent with the amount specified
in the Report of Results document prepared by the consulting firm
of Sierra-Pacific Groundwater Consultants and the revised
Reclamation Plan was to be prepared and reviewed in accordance with
current Surface Mining and Reclamation Act (SMARA) requirements and
subject to current requirements of the California 'Environmental
Quality Act (CEQA) .
Financial Assurances
Financial assurances, in the exact amount recommended by Sierra-
Pacific, were received from Mr. Millhollin on June ',18, 1993. As
required by SMARA, the State Department of Conservation was
notified of the financial assurance submittal and allowed an
opportunity to review and comment on their amount and form.
On August 20, 1993 a letter was received from the Stare (Attachment
A) indicating that additional information regarding reclamation
cost estimates would be necessary to consider the financial
assurances complete. In addition, a subtle SMARA amendment which
took effect in January of 1993 now requires that thelassurances be
made payable to "City of Atascadero or Department of Conservation"
rather than "City of Atascadero or State Geologist. ''
Pursuant to SMARA, the lead agency need only "evaluate" such
written comments from the State and "provide a written response
describing the disposition of the major issues :raised (Sec.
2774 (d) ) . " Where the lead agency does not opt to modify financial
assurances as a result of State comments, such a written response
must include an explanation as to why changes are felt unnecessary.
Although financial assurances for the Millhollin Quarry do not
necessarily have to be modified under SMARA, staff feels they
should be. Staff remains confident in the expertise of Sierra-
Pacific and the accuracy of their cost estimate. At the same time,
it seems the City would have little to lose by ', securing the
blessing of another impartial body. At the very least, the form of r
0000116
the assurances ( "payees" ) should be changed to reflect the
aforementioned SMARA amendment in the case that State assistance is
requested for the forfeiture of reclamation monies. Finally, the
existing financial assurances ($11,888. 00) should not be exchanged
for assurances of a lesser amount unless advised to do so by the
City Attorney (see Attachment B) .
Prohibition on Mining Activities until Financial Assurances are
Approved
SMARA Section 2770(d) prohibits the continuation of surface mining
activities until financial assurances are approved by the lead
agency. So, if the Council agrees that existing financial
assurances ought to be deemed unapproved until comments from the
State are addressed there appears to be not only the authority but
the mandate to order temporary closure of the mine. As of now, no
response has been sent to the State or Mr. Millhollin concerning
the final approval/disapproval of the financial assurances in light
of the State' s letter.
The Revised Reclamation Plan
On September 8, 1993, just before the 3-month deadline imposed by
the Council, a revised Reclamation Plan application was received
from Mr. Millhollin. Attachment C shows a graphic representation
of the proposed final landform condition.
Staff ' s response to the Revised Reclamation Plan submittal was
that, based on the lack of filing fees/application forms and the
Plan' s apparent inconsistencies with the General Plan, the
application is incomplete (Attachment D) . Further, staff conveyed
to Mr. Millhollin the determination that the "project" could indeed
have a significant effect on the environment and that an
Environmental Impact Report (EIR) would therefore be required. In _
response to staff's response, a letter from Mr. Millhollin' s
attorney was received requesting additional time to work on the
revised Plan in an effort to avoid or substantially reduce the cost
of CEQA compliance (Attachment E) .
Whereas the 1980 Reclamation Plan was (and still is) to terrace the 1
hillside in a series of steep cut slopes and benches (much like the i
Highway 101 cut south of the San Anselmo overpass) , the revised
Reclamation Plan is basically to chop up to sixty (60) feet off the
top of the hill and create three flat pad areas. Having previously
criticized the 1980 Plan as inadequate, staff feels the revised
plan is also inadequate and problematic in concept as it conflicts
with policies that call for the retention and preservation of
natural landforms. In addition, the revised Plan proposes the
introduction of on-site processing (screening) and a substantial
increase in the area to be affected by mining activities. Thus,
the Plan would constitute an "expansion of a nonconforming use"
which is generally not allowed by zoning.
CONCLUSION•
As mentioned above, staff feels that both the existing Reclamation
Plan and the proposed revised Reclamation Plan are inadequate and
undesired not only because of potential General Plain and zoning
conflicts but because of appearance concerns and the potential
effects of continued mining ( 17 more years are proposed) and
expanded mining on the environment and general public welfare.
Essentially, staff feels that another Reclamation Plan concept must
be pursued which would leave the site in a more natural state upon
cessation of mining. Alternatively, another Recl';amation Plan
concept could be developed which includes another "end use" for the
site that is allowable with respect to the General Plan and zoning
(three residences, for example, are not allowed under the present
RS zoning of the site nor is the destruction of natural hillside
topography through excessive grading; a subdivision of the site to
allow three residences would also probably not be allowed based on
General Plan policies related to minimum lot size, average slope, !
leachfield design, etcetera) . Finally, staff feels that
alternatives must be available to make feasible/reasonable a more
timely implementation of final site reclamation.
i
It is true that exploration of a reasonable range of project
alternatives would be required during environmental review of the
currently-proposed Reclamation Plan revision. However, it seems
that the chances of ending up with a good project arehigher where
the initial proposal for the project is basically 'a good idea.
History indicates that the CEQA process typically results in a
"tweaking" (or mitigation) of a proposed project to reduce adverse
effects; seldom does the CEQA process result in a 'complete re-
evaluation of project goals. Although CEQA is critical to the j
planning process it should not be considered a substitute for good t
site planning.
Alternatives to Recommendation #3
The effect of the first alternative ( #4) to recommendation #3 would
require, at Mr. Millhollin' s expense, the immediate preparation of
an Environmental Impact Report (EIR) on the revised Reclamation
Plan submitted to the City on September 8, 1993 (see' Attachment D
for timeframes and "or elses" ) . This alternative is- not
recommended because of reasons mentioned in the preceding
paragraph, although it is probably preferred over alternative #5.
The second alternative ( #5) -- to forget about pursuing a revised
Reclamation Plan and proceed immediately with efforts '..to force mine
closure -- is not recommended for reasons explained in prior staff
reports. Basically, there are two kinds of problems associated
with the mining operation. These problems are either operational
( noise, dust, traffic, increased site disturbance, etc. ) or they
exist by virtue of the existing physical condition of the property
(aesthetic eyesore, attractive nuisance, etc. ) . If the mining
operation were made inactive the latter problems could, and
probably would, persist. As evidenced by the letter from Mr.
Millhollin' s attorney, there is also a possibility that legal
action could ensue.
Attachments: Attachment A -- Letter from State
Attachment B -- Proposed Revised Cost Estimate
Attachment C -- Proposed Revised Reclamation Plan
Attachment D -- Staff Response to Revised Rec. Plan
Attachment E -- Letter from Millhollin' s Attorney
cc: Glenn Millhollin, landowner
Dane Ikeda, landowner' s attorney
Charles Moore, County Engineering Dept. (mine operator)
Mr. Dennis O'Bryant, Department of Conservation, Office of
Mine Reporting and Reclamation Compliance
Ms. Dorothy Flaherty, concerned citizen
Ms. Daphne Fahsing, concerned citizen
Mr. Chuck Greenberg, concerned citizen
CC:gvk\smara-ext.reqcc
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t
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ATTACHMENT D
3/8/94 STAFF REPORT
INTERIM OPERATIONAL AGR'P
REPORT TO CITY COUNCIL
. CITY OF ATASCADERO Agenda Item: D-1
Through: Andy Takata, City Manager Mtg. ',; Date: 3/8/94_
Via: Henry Engen, Community Development DirectorW
From: Gary Kaiser, Associate Planner C-Aej File No. : SMARA
SUBJECT:
Millhollin Quarry -- Status of Financial Assurances= and Revised
Reclamation Plan pursuant to December 14, 1993 Council Action.
RECOMMENDATION•
Staff recommends:
1. That revised financial assurances for site reclamation be
approved.
2. That negotiations continue between the City, County and Mr.
Millhollin to develop an acceptable short-and long-term plan
for the property and that staff keep ' the Council posted on
progress in this regard.
DISCUSSION•
On December 14, 1993, the Council took action to allow Glenn
Millhollin an additional three (3) months to negotiate with City
and County staff and present a revised Reclamation Plan, plan of
operations, agreement or other "tool" to resolve noted problems
associated with both operation of the mine as well as
reclamation/reuse of the site. In addition, the Council ruled that
required financial assurances for the quarry could not be approved
because comments received from the State,Department of ';Conservation
had identified deficiencies as to their form and supporting
documentation. It was agreed that the mine would remain closed
during the negotiation process and that deficiencies in the
financial assurances would be resolved within hin 60 days.
By February 1, 1994 a revised financial assurance : package was
received from Mr. Millhollin and forwarded to the State for review.
A revised cost breakdown was included as was an updated cross
section of the mine. The total amount of the assurance remains
consistent with that recommended by the Report of Results document
prepared on behalf of the City by Sierra-Pacific'; Groundwater
Consultants and new CD' s were provided which are made payable to
the proper parties. By February 18, 1994 the State ::had reviewed
and approved the revised package.
Since the Council' s hearing last December staff has met and spoken
with Mr. Millhollin and his representatives (Omni Design/JPA
Group) , hired subsequent to the previous Council hearing, on ( .
several occasions. There is now a fairly good understanding among
all parties not only of the problems associated with the mine but
of General Plan/Zoning provisions that affect, and to a large
extent limit, the range of alternative solutions. An updated
topographic survey has been completed for the mine site and
contiguous properties owned by Mr. Millhollin and the consultants
are currently evaluating physical opportunities/limitations
present. It is anticipated that, prior to the development of a
preferred alternative, neighborhood input will be sought to ensure
their feedback and concerns are incorporated into the solution as
well.
CONCLUSION:
The development of a mutually acceptable long-term plan for the
quarry site has, and continues to be, a rather tedious and slow-
moving process. This is unfortunate, of course, but the good faith
steps taken lately on the part of Mr. Millhollin seem to warrant
continued cooperation by the City. Deficiencies in the financial
assurances have been corrected and a professional and qualified
design team has been retained to develop workable alternatives for
site restoration.
cc: Glenn Millhollin, landowner
Dale Ikeda, landowner' s attorney
Charles Moore, County Engineering Dept.
Mr. Dennis O'Bryant, Department of Conservation, Office of
Mine Reporting and Reclamation Compliance
Ms. Dorothy Flaherty, concerned citizen
Ms. Daphne Fahsing, concerned citizen
Ms. Marcia Torgerson, concerned citizen
Mr. Chuck Greenberg, concerned citizen
t,
CC:gvk\stat-394
\, •
0(mmil
ATTkCHMENT E
PROPOSED OPERATIONAL PLAN
INTIERIM OPERATIONAL AGR'MT
ENGINE
S
flO LUIS OBISPO COUHTY DEPARTmr-iN
COUNTY GOVERNMENT CENTER - ROOM 207 - SAN LUIS OBISPO, CALIFORNIA 93408
I
CLINTON MILNE PHONE (805) 781-5252 - FAX(805) 781-1229 -
COUNTY ENGINEER ......�"�`
GLEN L.PRIOOY
COUNTY ENGINEER
ENGINEERING SERVICES
30A05
NOEL KING TRANSIT
DEPUTY COUNTY ENGINEER
ADMINISTRATION �A
MAY
f ,� FL000 CONTROL
M jl WATER CONSERVATION
May 20, 1994 - COUNTY SURVEYOR
INA '. SPECIAL DISTRICTS
CADER0 CI iY IY1;
Andrew Takata, City Manager
City of Atascadero
6500 Palma Ave
Atascadero CA 93422
Subject: Millhollin Mine
Dear Andrew:
Enclosed is our proposed operational plan for the Millhollin Mine.
I think most of the neighborhood concerns are addressed in the plan alnd I have discussed
the plan with Glenn Millhollin and I will be sending him a copy.
We are anxious to start working the mine again as we have been delaying some of our
graveling projects pending the resolution of this controversy. From aur last meeting, it is
apparent that the three months suspension of operations requested by the City needed to
be extended beyond March 25. 1 hope we can again resume work byy,July 1, 1994, as our
delayed gravel projects are creating disgruntled drivers and residents;.
If you have questions about the operation plan, please call or if you want to meet and
discuss it, we will be available any time.
Sincerely,
DANIEL P. BECK-
Road Maintenance Engineer
Attachment
cc: Glenn Millhollin w/attachments
8758 E. Barstow
Clovis CA 93612
File: Quant'
m:\shidey\dpb\mllhd.ltr , .
OPERATION PLAN FOR MILLHOLLIN MINE
Resident concerns about the operation of the Millhollin Mine, including dka ount of material
dust, equipment
mined, starting time, equipment noise, number of trucks, speedo ,
left at the mine, traffic at the mine site while operating are ail being addressed in this
Operation Plan.
Generally, we mine during the rainy season,
October to May, so that the mined material
is wet and the gravel roads on which the materialthe mis laced are ne and theeoad site, and the
t. This aids our
operation in that dust nuisance is cut down, both
water needed for compaction of the gravel is reduced.
We use the gravel for resurfacing gravel roads, replacementshoulder gravel along
paved roads and replacement of washed out mate from
m storm runoff.
AMQUN-I
To accomplish these activities, the County needs approximately 20,000 cubic yards of
material per year in the area that hauling from this mine is economically feasible.
WORK TIME
Our normal winter work day is 8:00 a.m. to 4:30 p.m. Hauling would
s aand Iobout n ger haul
and end around 3:15-3:30 p.m. If we hire trucks (we usually hire lr9rt
projects) we have to provide 8 hours of work. We can start could hauling mit work at thet wouls d
have to work until 5:00 P.M. Considering the above, w
between the hours of 8:00 a.m. to 5:00 P.M.
NUMBER OF TRIPa
The County has in its fleet, trucks with 5, 10 and 17 cubic yard cap ccities. a fa er we e,
hall material the more economical it becomes to use larger capacity
haul approximately 90°Jo of the gravel in 10 C.Y./o wi h 10 C.Y. capacity and 60% with
d 17 C.Y. capacitty trucks. The
breakdown of the 90% hauling is approximately 40%
17 C.Y. capacity trucks. Using these estimates and 20,000 C.Y.'s per year production, the
000 C.Y.) = 400 loads, 10 C.Y.
number of truck trips for each size would be, 5 C.Y. (2,
(7,200 C.Y.) =720 loads, and 17 C.Y. (10,800 C.Y.) = 635 loads, for a total of 1,755 trips.
There are about 142 working days for the period of October
through
monMay, so
this wot d
uld
average 12 trips per day if all hauling were confined to these 1,000
unrealistic to examis
ine trips in this manner. Most of our gravel�prole ts range in ut four 10 C Ya rucks
to 1,500 C.Y. volume (1 mile of roadway) and we would typically p
and two 17 C.Y. trucks hauling an average of four loads per day, for a total of 300}hauling
Y. and
24 trips per day. These jobs would typically be a weeks work. Therefore,
would take place 14 weeks out of the seven months or about 27% of the year.
000():33
I
material and push it to the
In addition to the trucking, we hire a large dozer to mine the rn approximately
loading zone. The dozer pushes approximately 1,000 C.Y. per day alnd app Y
7,000 C.Y. per time. Therefore, the hired dozer would workn, the the
eb it three
ings ee in times
small dozer to
r
approximately seven days each
lolme. On ose material mined by the large dozer. This is done on
clear benches and bring do
an as-needed basis which is usually twice for each time the large dozer works, or
approximately six times per year.
aAFET
All truck drivers will be instructed to observe a 30 MPH speed limit o � nta Lucia where
be placed at the
the posted speed limit is 35 and 40 MPH. Truck traffic warning signs The quarry site is now
quarry site at Santa Lucia to advise mottorisis not n uof kse9 Additional No Trespassing signs
fenced and the gate locked when the
q RY
will be erected to hopefully keep out those now trespassing.
EQUIPMEN N
Restricting normal operating hours from 8:00 a.m. to 5:00 p.m. should s piece compints
of
R 9 partially
of noise. The back up alarmt � aints and does loader will ehave the loudest warning signal. All
• equipment has caused the most p
equipment motors are muffled and should create no excessive noise.
FQt 11PMENT AT MINE SITE ',
No equipment will be left at the mine site during idle periods (idle does not mean overnight
or weekends).
File: Quant'/Millhollin
m: leanneWMmilholin.rpt
00005,1
ATTACHMENT F
CONCEPTUAL PLAN
CITY OF ATASCADERO INTERIM OPERATIONAL AGR'M1
F IT n
"" COMMUNITY DEVELOPMENT
DEPARTMENT
I
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0055
ATTACHMENT G
DRAFT AGREEMENT
INTERIM OPERATIONAL AGR 'Ml
DRAFT AGREEMENT
TO BE DISTRIBUTED UNDER SEPARATE COVER
PRIOR TO THE HEARING DATE
000101 C
SEP-21-1994 09=41 FROM NORTH CORST ENG9INC TO HIHS ruts WKb r.ue-
REPORT TO CITY COUNCIL Meeting Da t 9-27-24
CITY OF .ATASCADERO Agenda It s B-2
Through: Andrew Takata, City Manager
Via: Henry Engen, Community Development Direct or
From: Steve Sylvester, city Engine
SIISJEC�:
In-N-Out Burger sewer Reimbursement ,Agreement
RECOMMENDATION! k
f
Adopt Resolution No. 103-94 authorizing the execution of a Public
Extension Reimbursement Agreement between the City of AtascaderO
and the In--N-Out Burger corporation for construction of a public
sewer service extension.
DISCUSSION:
In order to develop the property located at 6000 ',54n Anselmo Road
(APH 049-022-044) , In-N-Out Burger Corporation opt d to construct
a public sewer extension described as follows:
1. Construction of approximately 600 feet of a inch gravity
sewer main
2. Construction of a sewage pump station
3. Construction of approximately 1400 feet f 4 inch sewer
force main.
The actual routing and location of these improvemebts is shown on
attached Exhibit A.
All elements of the public sewer extension were constructed in
conformance with City Standards. Staff has reviewed the subject
improvements and found them to be in substantial conformance with
the plans approved'by the City Engineer.
R
Staff has reviewed the reimbursement proration area map submitted
by the applicant (attached Exhibit B) and found that: the properties
within the proposed boundaries have the ability to connect to the
sanitary sewer facilities and, therefore, derive bedefit from their
construction.
Staff has reviewed the proposed method of reimbur ement submitted
by the applicant and found that fees will, be fairl apportioned on
00005'7
the basis of the benefits conferred on the properties within the
reimbursement proration area. Documentation verifying the actual
cost of constructing the sanitary sewer extension has been
submitted by the applicant and reviewed by Staff.
FISCAL IMPACT
Reimbursements for the public sewer service extension will be
collected by the city at the time of Applicant. The City will receive a 2 connectionadministration
the App
fee from
the
each reimbursement collected.
Normal maintenance costs
associated
with a Sewage lift ststion,
sewer gravity main and sewer
ATTACH14fMS'
Attachment A, San Anselmo Sewer Improvements
Attachment B, Reimbursement Proration Area
Attachment C, Public Extension Reimbur$ement Agreement with
supporting engineering, inspection and construction
invoices
IN•N-OUT.RPT
TOTAL P.03
0()0058
a
RESOLUTION NO. 103-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ENTERING INTOE A
PUBLIC EXTENSION REIMBURSEMENT AGREEMENT WITH
IN-N-OUT BURGER CORPORATION
WHEREAS, in order to develop the property located at 6000 San
Anselmo Road within the City of Atascadero (APN 6149-022-044) the
In-N-Out Burger Corporation opted to construct 'a public sewer
service extension; and,
WHEREAS, the public sewer service extension was : constructed in
conformance with City Standards and in substantial conformance
with the plans approved by the City Engineer; and,
WHEREAS, the properties located within the boundaries of the
reimbursement proration area can be connected to, ', and will derive
benefit from, the sewer service extension; and,
WHEREAS, the proposed method of reimbursement will fairly
apportion fees on the basis of the benefits conferred on the
properties within the reimbursement proration area; and,
WHEREAS, documentation verifying the actual cost of constructing
the sanitary sewer extension has been submitted to the City by
the applicant.
NOW, THEREFORE, the City Council of the City of ', Atascadero does
resolve that the Mayor is hereby authorized to execute a Public
Extension Reimbursement Agreement with IM-N-Out Burger
Corporation for the construction of approximately 600 feet of 8
inch gravity sewer main, a sewage pump station,', approximately
1400 feet of 4 inch sewer force main and appurtenances.
On a motion by Councilperson seconded by
Councilperson the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
000059
Resolution 103-94
Page Two
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE PRICE R. DAVID BEWLEY
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ARTHER R. MONTANDON STEVEN J. SYLVESTER
City Attorney City Engineer
000 '610
FXHIBIT
A
p San Anselmo Sewer Improvements
2 Sewer improvements
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000062
PUBLIC EXTENSION REIMBURSEMENT AGREEMENT''BETWEEN
THE CITY OF ATASCADERO
AND THE IN-N-OUT BURGER CORPORATION
FOR CONSTRUCTION OF
THE SAN ANSELMO SEWER IMPROVEMENTS
THIS AGREEMENT is made this day of , 199_, in San Luis Obispo
County, California, by and between the City of Atascadero, California, hereinafter referred to
as "City", and the In-N-Out Burger Corporation, hereinafter referred to as "Applicant" with
reference to the following recitals.
A. Applicant has developed certain property within the boundaries of the City,
commonly referred to as Assessors Parcel Number 049-022-044, as shown on
. Exhibit A, and herein referred to as The Property; and
B. In order to develop The Property, Applicant opted to construct a public
service extension along San Palo Street and El Camino Real to serve The
Property. Said service extension is described as follows:'
Approximately 600 feet of 8 inch gravity sewer
Sewage pump station
Bored and sleeved freeway crossing
Approximately 1400 feet of 4 inch sewer force main
C. Said public service extension is to be shown on a map attached hereto as Exhibit
B.
D. The Applicant's costs descriptions in constructing the public service extension
are described as follows:
1
000063
* Gravity * LS & Forcemain Total
Description Portion Portion
Engineering Costs $4,235 $34,265 $38,500
Permit Costs 110 890 11000
Construction Costs: 19,633
Gravity Sewer (11%) 19,633
L.S & Force Main (89%) 153,333 153,333 .
Other Costs (City Admin. Fees) 489 3,847 L 43
36
Total Project Costs $24,467 $192,335 $216,802
* Note: These costs were broken out separately to accommodate future connections to the lift
station and force main which do not tie directly into the gravity main.
E. Applicant has agreed to dedicate, or has dedicated the public service extension
to the City;
F. The public service extension will serve adjacent land owners within the area of
proration, as shown in Exhibit C, as provided in the rules and regulations of the
City.
G. The City will reimburse Applicant on a prorated basis for part of Applicant's
costs in constructing the public service extension from adjacent land owners as
herein provided. The total reimbursement to the Applicant shall not exceed
$166,937.
NOW, THEREFORE, in consideration of the mutual conveyance contained herein,
Applicant and City agree as follows:
1. Term.
The term of this agreement shall be for 15 years from the date it is approved by
the City Council of City.
2. Rate, of Reimbursement,
During the term of this Agreement, the City will reimburse Applicant for his
costs in constructing the public service extension on a prorated basis from
2 •
000064
adjacent land owners pursuant to the proration methodology described in Exhibit
D. The City will collect said prorated amount from each adjacent land owner
before permitting said owner to connect to the public service extension.
3. Administrative Costs,
Two percent (2%) of all monies collected pursuant to this''agreement shall
accrue to the City as administrative fee.
4. Additional_Reimbursement Areas,
4.1 The City may also make or permit connections to said public service
extensions for serve private property outside of the'area of proration as
determined by the City engineer; provided that reimbursements shall be
paid to the Applicant, until the service area has an estimated average
daily wastewater flow of 5000 gallons per day.
5. Conditions of Reimbursement
City's obligation to reimburse Applicant is conditioned on the following:
5.1 Applicant providing City with an engineer's certification that extensions
are constructed in substantial conformance with thie plans and the
standard improvement specification and drawingsubmitted to the City.
5.2 The utility line extension has been inspected and approved by the City.
5.3 Applicable easements have been offered and accepted by the City.
5.4 Applicant providing the City with a detailed accounting, satisfactory to
the City, of the amounts expended for the construction and installation
of the public service extension.
5.5 Applicant has provided the City with a maintenance bond, letter of
credit or other financial security satisfactory to th'e City ("Maintenance
Guarantee") in a sum equal to ten percent (10%) of the cost of
constructing the public service extension, or such,agreement satisfactory
to the City whereby the Contractor and/or its surety will repair or
replace to the satisfaction of the City, any and all such work that may
3
000065
prove defective in workmanship or materials for a one year period,
ordinary wear and tear excepted, together with any other work which .
may be damaged or displaced in so doing.
(. obligation of City.
If, for any reason, the reimbursement fee is or becomes legally uncollectible,
the City shall not be responsible in any way for collecting the reimbursement
fee and/or reimbursing the Applicant for the costs of the public service
extensicn. Reimbursements shall be made only when the City collects money
from the owners of properties whose buildings are to be connected to the public
sewer and which will contribute flow to the San Palo Avenue Wastewater
Pumping Station, notwithstanding any provision of any law, this code or the
reimbursement agreement.
7. RUMML avment.
The City shall make payment to Applicant at
In-N-Out Burger Corporation .
Attention Raymund Villanueva
Development Supervisor
4199 Campus Drive Suite 9000
Irvine, California 92715
This address may be changed at any time by Applicant by receipt of written
notice to the City.
g, Succe¢cer'c and HeiM.
This Agreement shall be binding on and shall enure to the benefit of the heirs,
executors, administrators, successors, and assigns of the parties hereto.
9. Sp .rahili v,
Shall any provision of this Agreement be held by a court of competent
jurisdiction to be either invalid, void, or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect unimpaired by
the court ruling.
4 •
000066
• 10. Captions.
The captions of the Sections of this Agreement are for convenience and
reference only. They shall not be construed to define or limit the provisions to
which they relate.
11. Indemnity.
Applicant agrees to save, indemnify and hold harmless, the City of Atascadero,
its officers, employees and agents, from all liabilities, judgments, costs and
expenses, due to any and all activities related to the implementation of the rights
and privileges granted in this agreement, except for liabilities,judgements, costs
and expenses due to the City's negligence.
5
000067
IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the
day approved by the City Council of the City of Atascadero.
AGREED.
Date:
APPLICANT
Approved by the City of Atascadero City Council on this day of
199
Mayor, City of Atascadero
ATTESTED
City Clerk
APPROVED AS TO FORM:
City Attorney
mIp:231.01.02/IN-N-OUT
6
EXHIBIT A.
V
N San Anselmo Sewer Improvements
Applicant property
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EXHMIT B
N San Anselmo Sewer Improvements
• Sewer improvements
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SAN ANSELMO SEWER IMPROVEMENTF5)70
COVER SHEET
EXHIBIT C
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000071
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EXHIBIT D
San Anselmo Sewer Improvements
Reimbursement Proration Methodology
Reimbursements for the San Anselmo Sewer Improvement Project shall be based on a
proration of estimated wastewater flow contributions. If the proposed connection ties directly
into the gravity sewer as shown on Exhibit B, a pro rata share of the cost will be included with
the lift station/forcemain cost. Average daily wastewater flow (ADF) shall be used as the
basis for the calculations.
The sewer improvements shall be assumed to provide service to an ultimate ADF from the
reimbursement area of 5,000 gallons per day (gpd).
For the purposes of calculating the ADF from existing improved properties the City shall be
provided with the most recent water use data for the months of February and March. This
data shall be supplied to the City by the party requesting connection to the sewer system.
Future uses without established wastewater flowrates, shall be assumed to have flowrates
according to the attached table. Uses which are not on the table shall be based on estimated
flowrates as determined by the City Engineer.
Example calculation: Assume a service station with a convenience store will be connected
directly into the gravity sewer.
1. Total project cost:
Gravity Sewer $ 247467.00
Lift Station/Forcemain $192$ 35.00
2. Ultimate wastewater flow: 5,000 gpd
3. New flow contribution: 480 gpd
4. Reimbursement amount:
[24,467 + 192,3351 * 480/5000 = $20,812.99
5. 2% Administration fee to the City: $416.26
6. Amount reimbursed to the Applicant: $20,396.73
10 is
0110[1'72
WASTEWATER FLOWRATES
LAND USE AVERAGE DAILY PLOW
• BANKS/S & L 480
BARS 360
CARWASH 1800
CHURCHES/MTG HALLS
<150 SEATS 319 . 20
150 TO 250 638. 40
> 250 SEATS 720
COMMERCIAL UNIT 240
FUNERAL HOME 2160
GAS STATION 480
GROCERY STORE
>10,000 SQ FT 1920
GYMNASIUM 2400
LAUNDRY 2160
MOTEL (PER ROOM) 79.20
OFFICE UNIT 240
REST HOME - PER BED 84
RESTAURANTS:
< 40 SEATS 960
41-60 SEATS 1440
61-100 SEATS 1920
> 100 SEATS 2400
SCHOOLS - PER STUDENT 12
THEATER 960
VETERINARIANS 720
APARTMENT UNIT 180
MOBILEHOME SPACE 144
SENIOR APARTMENT PER UNIT 84
CONDOMINIUM 180
SINGLE FAMILY RESIDENCE 240
11
000 0,x':3
REPORT TO CITY COUNCIL Agenda tem: B-3
CITY OF ATASCADERO �
Meeting ate: 09/27/94
Through: Andrew J. Takata
City Manager File Number: ZC 94002
From: Henry Engen
Community Development Director
SUBJECT:
Consideration of a request to ch a gde the text of the vocational schools"' s onthe
ing
Ordinance to allow business
Commercial Professional (CP) zone. (SSS Properties Partnership)
RECOMMENDATION•
Staff recommends the following actions as rec mmended by the
Planning Commission:
(1) Approval of Zone Change 94002 as follows: 1
(a) Motion to waive reading in full, and rea by title only;
and I€
(b) Motion to introduce on first reading bi title only.
BACKGROUND:
On September 6, 1994, the Planning Commission co ducted a public
hearing on the above-referenced zone change requ st. After dis-
cussion (see theatvt edlnutes recommended approval. of thePlanning
1Change
Commission, on a 7 : 0
vote,
94002 .
HE:ph
cc: John Shahan
Attachments : Ordinance No. 281
planning Commission Staff Report 9/6/94
- 9/6/94
Minutes Excerpts �
E
000(r14
ORDINANCE NO. 281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO ALLOW "BUSINESS
AND VOCATIONAL SCHOOLS" IN THE COMMERCIAL PROFESSIONAL (CP) ZONES
(Zone Change 94002)
WHEREAS, the proposed zoning text amendment proposes
standards that are consistent with the General Plan as required
by Section .65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq of the California Government Code concerning
zoning regulations; and
WHEREAS, the City Council has approved a request submitted
by an interested and concerned member of the community to
initiate the subject text amendment; and
WHEREAS, the proposed amendment does not have a potential to
result in a significant adverse effect on the environment and the
Negative Declaration prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on September 6, 1994 and has recommended that the
itoposed ameudmt; t be incorporated into the City Zoning
Ordinance.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is consistent with the General Plan, and
compatible with the stated purpose of the Zoning
Ordinance.
2. The proposal will not result in any significant adverse
environmental impacts.
Section 2. Ordinance Text.
Zoning Ordinance Section 9-3.212. is hereby amended by the
addition of allowed land use (z) "Business and vocational
schools" as shown in Exhibit A attached hereto and made a part
hereof by reference.
000075
. Ordinance No. 281
Page 2
Section 3. Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in 'the Atascadero
News, a newspaper of general circulation, printed, 'published and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4. Effective Date.
This ordinance shall go into effect and be in '';full force and
effect at 12:01 a.m. on the 31st day after its passage.
On motion by Councilperson and
seconded by Councilperson , the foregoing
ordinance is hereby adopted in its entirety on the 'following roll
call vote:
AYES:
• NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
R. DAVID BEWIEY, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO CONTENT:
ANDY TAKATA, City Manager
00 i t;
Ordinance No. 281
Page 3
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
00 00,71-7
EXHIBIT "A"
ORDINANCE NO. 281
ADOPTED JUNE 27, 1983
CP (COMMERCIAL PROFESSIONAL) ZONE
9-3 . 211. Purpose: This zone is established to provide for of-
fices and limited retail shopping and personal service facilities
along arterials and major collectors. The CommercialProfessional
Zone is situated to serve streets with higher traffic', volumes. while
also serving to provide a compatible transition between such streets
and adjacent single family residential areas.
9-3 . 212. Allowable Uses: The following uses shall be allowed in
the Commercial Professional Zone. The establishment of allowable uses
shall be as provided by Section 9-2.107 (Plot Plans) and Section 9-2.
108 (Precise Plans) :
(a) Food and beverage retail sales, where areas of use are less
than 2500 square feet per store
(b) Roadside stands (See Section 9-6.116)
(c) Temporary or seasonal retail sales (See Section 9-6.174)
(d) General merchandise stores, where areas of use are less than
2500 square feet per store
(e) Accessory storage (See Section 9-6.103)
(f) Personal services, where areas of use are less than 2500
square feet per store
(g) Utility transmission facilities
(h) Collection stations (See Section 9-6.130)
(i) Eating and drinking places
(j) Libraries and museums
(k) Broadcast studios
(1) Building materials and hardware, where areas 'of use are less
than 2500 square feet per store (See Section '9-6.165)
(m) Furniture, home furnishings and equipment, where areas of use
are less than 2500 square feet
(n) Mail order and vending
(o) Financial services
• (p) Health care services
(q) Temporary offices (See Section 9-6.176)
ADOPTED JUNE 27, 1983
(r) Light repair services
(s) Horticultural specialties (See Section 9-6 .116)
(t) Business support services, where all areas of use are located
within a building
(u) Social and service organizations
(v) Offices
(w) Bed and Breakfast
(x) Schools (See Section 9-6 .125)
(y) Utility service center
(z) Business and vocational schools
9-3.213. Conditional Uses: The following uses may be allowed in
the Commercial Professinal Zone. The establishment of conditional
uses shall be as provided by Section 9-2.109 (Conditional Use Permit) :
(a) Caretaker' s residence (See Section 9-6.104)
(b) Churches and related activities (See Section 9-6 .121)
(c) Pipelines .
(d) Food and beverage retail sales, where areas of use are
greater than 2500 square feet per store
(e) General merchandise stores, where areas of use are greater
than 2500 square feet per store
(f) Personal services, where areas of use are greater than 2500
feet per store
(g) Building materials and hardware, where areas of use are
greater than 2500 square feet per store (See Section 9-6.165)
(h) Furniture, home furnishings and equipment, where areas of use
are greater than 2500 square feet per store
9-3.214. Lot Size: There shall be no minimum lot size in the
Commercial Professional Zone.
i
3-26 0000,79 ��=
CITY OF ATASCADERO Item: B . 2
STAFF REPORT ',
FOR: Planning Commission Meeting Date: September 6, 1994
BY:J)q Doug Davidson, Senior Planner File No: ZC 94002
SUBJECT:
A request to initiate a change to the Zoning Ordinance and amend
the text to allow "business and vocational schools' in the
Commercial Professional (CP) zone.
RECOMMENDATION:
Staff recommends that the Planning Commission:
1. Initiate Zone Change 94002.
2. Approve Zone Change 94002, subject to the Findings contained
in Draft Ordinance 281 in Attachment F.
SITUATION AND FACTS:
. 1. Applicant. . . . . . . . . . . . . . . . . . . . .SSS Properties Partnership
2. Representative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .John Shahan
3. Environmental Status. . . . . . . . . . . . . . . . .Negative Declaration
posted August 16, 1994
BACKGROUND:
The City Council or Planning Commission may initiate a Zoning
Ordinance text amendment on behalf of private property owners in
Atascadero. This is unlike Zoning Map amendments which may be
initiated directly by property owners. In this case, SSS
Properties Partnership, has requested a Zoning Ordinance text
amendment to include "business and vocational schools" as an
allowed use in the Commercial Professional (CP) zone. Thus, this
Planning Commission action has two components. First, to decide
if the request is worthy of study as a possible amendment, and if
so, to then decide if the Zoning Ordinance should be changed
accordingly.
The following analysis will start by looking at the land use
definition of "business and vocational schools" and proceed to
examine how such schools would fit within the CP zone.
1
00t)0so
i
ANALYSIS•
Schools under the Zoning Ordinance are divided into educational
establishments (preschool, elementary, secondary, and university)
and "business and vocational schools. " Business and vocational
schools are defined as follows (Section 9-3.701)
Business and secretarial schools; vocational schools
offering specialized trade and commercial courses;
specialized non-degree granting schools, such as: music
schools; dramatic schools; language schools; driver
education schools; ballet and other dance studios; and
establishments furnishing educational courses by mail.
In turn, the Commercial Professional zone (Section 9-3.211) is:
established to provide for offices and limited retail
shopping and personal service facilities along arterials and
major collectors. The Commercial Professional zone is
situated to serve streets with higher traffic volumes while
also serving to provide compatible transition between such
streets and adjacent single family residential areas.
Staff ' s usual reaction to requests such as this is to recommend
listing of new uses as Conditional Uses. In this manner, the
specifics of a certain site can be reviewed by the Planning
Commission via the Conditional Use Permit process. In this case,
however, the request to list "business and vocational schools" as
an allowed use seems warranted. "Business and vocational
schools" -contain many characteristics similar to offices and
other allowed uses in the CP zones (see Attachment C) . Indeed,
the CP zone allows other schools, social and service
organizations, business support services, health care, and small
scale retail.
The subject application is limited to the general question of
whether or not "business and vocational schools" are suitable in
CP zones. The applicant has provided a test case, however, for
the proposed scenario. SSS Properties is proposing to locate a
dance school at 8865 Morro Road. As stated above, "business and
vocational schools" is a broad land use definition ranging from
secretarial and trade courses to language, drama, and dance
instruction. Dance and music schools could have a greater impact
on their surroundings due to noise generation. Each allowed use
in any zone must comply with all pertinent development standards
and secure a business license. For instance, if a proposed dance
school cannot meet the required parking needs ( 1 space per 200
square feet of floor area) a business license would not issued.
Likewise, the operation of a "business and vocational school" may
not exceed the maximum decibel levels established by the Noise
Ordinance. •
2
000081
i
Finally, in addition to examining the nature of "business and
vocational schools" and the CP uses, the CP zones should be
viewed with an eye toward potential future "business and
vocational schools" (Attachments A and B) . The Morro
Road/Highway 41 corridor is the predominant area designated for
commercial professional land uses. Attachment A also depicts CP
zones on the east side of El Camino Real from Junipero to Pueblo
and on the west side of El Camino centered on Pueblo. Attachment
B shows the other CP zones on both sides of E1 Camino Real just
south of San Anselmo Road. These areas are currently developed
with office and small scale retail projects. Business and
vocational schools seem to be an appropriate land use in the CP
zone, if all development standards, such as parking:, are
satisfied.
CONCLUSIONS•
"Business and vocational schools" are an appropriate land use in
CP zones. They complement the other allowed uses and will be a
compatible use in the areas that are zoned Commercial
Professional. Even with status as an allowed use, j"business and
vocational schools" must meet all development standards of the
Zoning and Noise Ordinances.
ATTACHMENTS:
Attachment A - Location Map (CP Zones)
Attachment B - Location Map (CP Zones)
Attachment C - Commercial Professional Land Uses
Attachment D - Supplemental Statement
Attachment E - Negative Declaration
Attachment F - Draft Ordinance
3
ATTACHMENT A
CITY OF ATASCADERO LOCATION MAP (CP ZONES)
ZONE CHANGE 94002
f * A
• "" COMMUNITY DEVELOPMENT
DEPARTMENT
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ATTACHMENT C
ADOPTED JUPIE 27, 1983 ZONE CHANGE 94002
CP (COMMERCIAL PROFESSIONAL) ZONE
9-3. 211. Purpose: This zone is established to provide for of-
fices and limited retail shopping and personal service facilities
along arterials and major collectors. The Commercial Professional
Zone is situated to serve streets with higher traffic volumes while
also serving to provide a compatible transition between such streets
and adjacent single family -residential areas.
9-3 . 212. Allowable Uses: The following uses shall be allowed in
the Commercial Professional Zone. The establishment of allowable uses
shall be as provided by Section 9-2.107 (Plot Plans) and Section 9-2.
108 (Precise Plans) :
(a) Food and beverage retail sales, where areas of use are less
than 2500 square feet per store
(b) Roadside stands (See Section 9-6.116)
(c) Temporary or seasonal retail sales (See Section 9-6.174)
(d) General merchandise stores, where areas of use are less than
2500 square feet per store
(e) Accessory storage (See Section 9-6.103)
(f) Personal services, where areas of use are less than 2500
square feet per store
(g) Utility transmission facilities
(h) Collection stations (See Section 9-6.130)
(i) Eating and drinking places
(j) Libraries and museums
(k) Broadcast studios
(1) Building materials and hardware, where areas of use are less
than 2500 square feet per store (See Section 9-6.165)
(m) Furniture, home furnishings and equipment, where areas of use
are less than 2500 square feet
(n) Mail order and vending
(o) Financial services
(p) Health care services i
(q) Temporary offices (See Section 9-6.176)
3-25
J
ATTACHMENT C (CONT .
ADOPTED JUNE 27, 1983
(r) Light repair services
(s) Horticultural See specialties Section 9-6. 110
P ( )
(t) Business support services, where all areas of ';use are located
within a building
(u) Social and service organizations
(v) Offices
(w) Bed and Breakfast
(x) Schools (See Section 9-6.125)
(y) Utility service center
9-3. 213 . Conditional Uses: The following uses may be allowed in
the Commercial Professinal Zone. The establishment of '',conditional
uses shall be as provided by Section 9-2.109 (Conditional Use Permit) :
(a) Caretaker ' s residence (See Section 9-6.104)
(b) Churches and related activities (See Section 5-6 .121)
• (c) Pipelines
(d) Food and beverage retail sales, where areas of use are
greater than 2500 square feet per store
(e) General merchandise stores, where areas of use are greater
than 2500 square feet per store
(f) Personal services, where areas of use are greater than 2500
feet per store
(g) Building materials and hardware, where areas of use are
greater than 2500 square feet per store (See Section 9-6.165)
(h) Furniture, home furnishings and equipment, where areas of use
are greater than 2500 square feet per store
9-3. 214. Lot Size: There shall be no minimum lot size in the
Commercial Professional Zone.
3-26 000081;
ATTACHMENT D
ZONE CHANGE 94002
July 6 , 1994
City of Atascadero
Planning Division
6500 Palma Ave .
Atascadero , Ca . 93422
Dear Staff ,
As property manager for 8865 Morro Road in Atascadero , and at
the owners request , I am writing this letter to express to you
our desire to have the text changed within the current conditional
use guidelines to allow a Dance Studio and related performing arts
activities to be allowed under the Commercial Professional zoning
within which the subject property is located .
Given the current allowable uses for the C .P. zoning , of which
you are well aware , it is our opinion that a Dance Studio or Per-
forming Arts Center would not create any additional impacts upon
the existing improvements or upon other properties lying within
the immediate neighborhood of the subject property , over and above
those impacts created by uses currently allowed under the C .P .
zoning . .
In addition , because of the subject properties close proximity
to the City Zoo , Lake , and Ball Park , which are recreational in
use , it seems reasonable to allow other appropriate recreational
related activities at the subject property .
We sincerely hope that by establishing a safe , viable , and
convenient location for businesses in the performing arts to pro-
vide their services and express their talents in behalf of the
people who live within our community , that many people of all
ages will find those services to have a very positive and pro-
ductive impact in their lives .
Thankyou for your serious zonsiueration of our request .
�z
min
i
/ /
john 4 . ahan
1 I
i
0000.8
ATTACHMENT E
CITY O ' ATASCADERp
w�• ENVIRONMENTAL COORDINATOR
NEGATIVE DECLARATION
COlti ML-NM 0EVEL,0PXVM DE?r 6500 PALMA AVE. ATASGD
ERO. Cil 93422 (805) 46I-5035
APPLICANT: Ci' y OF AlA SCA x>e/z o SSS PROPERfiF_5 jpty .
? 0.
-PAC-E A f�'6ov
PROJECT TITLE: 2-owe (zgAN C F
PROJECT LOCdTION: 63- 96S M O klz o X p
PROJECT DESCRIPTION: To iNCLu p.r_` B�SiA1F_SS A V-D V p CA-t(0,41 k4 L ScNbOLS
T4s 4N .444cvvc'j> VSE iAJ Tlt/_ C0-AAA1lJ='RC1A4- PIIO,�FSSiO �(/!� L �,� '>
20N S OF -tmE_ y f ZONiN &- cbRD11Uj4/VC E .
F=, LNGS:
I- The project does not have the potential to degrade the environment
2 The project wiII not achieve short-term to the disadvantage of long•ter=e---& n==al goals.
• 3. The project does not haves which
impar' are .rd3viduaIIy limited.but cgmulattvely considerable.
4. The project WM not cause substantial adverse effects on human beings elt!'=directly or Indirectly.
DETERXDEATION:
Based an the above findings.and the lnforaatioa contained in the initial study(made a part hereof by refer-
err and on Me is the Community Development Depar==4. it has been determined that the above project
7AU not have as adverse impact on the environment.
He=y Engen
Community Development Director
Date Posted: AUGUST 17 , 1994
Date Adopted:
1
Coo l I•rY
000088
7
MINUTES EXCERPTS
CITY OF ATASCADERO
PLANNING COMMISSION
9/6/94
ACTION MINUTES
SUBJECT: B.2 . ZONE CHANGE #94002 :
Application submitted by SSS Properties Partnership (John
Shahan) to initiate a change to the Zoning Ordinance and
amend the text to allow "business and vocational schools" -in
the Commercial Professional (CP) zone.
STAFF RECOMMENDATION: (Davidson)
Staff recommends that the Planning Commission:
1 . Initiate Zone Change 94002 .
2 . Approve Zone Change 94002, subject to the Findings
contained in Draft Ordinance 281 in Attachment F.
TESTIMONY:
Dorothy Smith, 8795 Morro Road, is delighted to have these people for
neighbors . She has wanted to see the arts grow in this community
because they are a source for bringing money into the community and •
tourism. They represent a giant size improvement . She also suggested
that the Commission consider, at some point in the future, artist ' s
live-work places . She is a craftmaker and wants to develop a Craft-
Maker' s Village, which would have both living and work spaces . She
expressed that she wants to have this type of accommodation carefully
designed so that they meet the ecology and safety of the community.
Gail Day, part owner of the building on the other side of the parcel
in question. There are six professional offices and all tenants in
the building are, very much, in favor of the school going into the
building next door. There is a walkway where the children and anyone
going to the mini-market can cut across through the parking lot and
avoid having to walk on Morro Road.
Diana Bacon indicated the Dance School owner, Bruce Trice, wishes to
provide the school as an offering back to the community that supported
him for so many years . A focus of what he is doing is to provide an
outlet for children and young people and older people to have a place
to dance and pursue the arts. He will be providing the location for
not only dance, but also for the other areas of the arts, such as
drama and voice . He is already included in Colony Days activities,
Children' s Day activities and he hopes to give back a lot of what has
been given to him over the years .
(Page 5 of 8)
Q000159
r
Planning Commission - Action Minutes, 9/6/94
Item B.2 (cont'd) ,
ACTION: Approve staff recommendations to initiate Zone Change
94002 .
Motion: Lochridge
Second: Miller
AYES : Lochridge, Miller, Wallace, Bonnema, Edwards, Messer,
Johnson
NOES : None
ABSENT: None
ACTION: Recommend approval . of Zone Change 94''002 to the City
Council, subject to the Findings contained in Draft
Ordinance 281 in Attachment F.
Motion: Edwards
Second: Bonnema
AYES : Edwards, Bonnema, Wallace, Lochridge, Miller,
• Messer, Johnson
NOES : None
ABSENT: None
(Page 6 of 8)
000090
r' MEETING AGENDA
a =` DATE 9LI z ITEM# c...,..i,,..,,,,
League of California Cities
=OIL 1400 K STREET SACRAMENTO,CA 95814 • (916)4445790 D
7A.;CA
Califomia CitiesWork Together �,.D
CITJuly 11, 1994 CIT
f
i
To: The Honorable Mayor and City Council
From: Don Benninghoven, Executive Director
Re: Designation of Voting Delegate for League Annual C1
nference
I
This year's League Annual Conference is scheduled for Sunday, October 23 through
Tuesday, October 25, 1994 in Long Beach. One very important aspect of the Annual
Conference is the General Business Meeting when the membership lakes action on
conference resolutions. Annual Conference resolutions guide cities and the League in
our efforts to improve the quality, responsiveness and vitality of loca government in
California. It is important that all cities be represented at the Busi ess Meeting on
Tuesday, October 25, at 9:30 a.m, at the Long Beach Convention Ce ter.
To expedite the conduct of business at this important policy-making meeting, each city
council should designate a voting representative and an alternate who will be present at
the Business Meeting. League Bylaws provide that each city'is entitled to one vote in
matters affecting municipal or League policy. A voting card will be 'ven to the city
official designated by the city council on the enclosed "Voting Deleg ite Form." If the
mayor or a member of the city council is in attendance at the Confe ence, it is expected
that one of these officials will be designated as the voting delegate. However, if the city
council will not have a registered delegate at the Conference but will be represented by
other city officials, one of these officials should be designated the vo ing delegate or
alternate.
Please complete and return the enclosed "Voting Delegate Form" to the Sacramento
office of the League at the earliest possible time (not later than Friday, September 30,
1994), so that proper records may be established for the Conference.1 The voting
delegate may pick up the city's voting card at the designated Voting Ord Table located
in the League Registration Area.
The voting procedures to be followed at this Conference are printed on the reverse side
of this memo.
Your help in returning the attached "Voting Delegate Form" as soon as possible is
appreciated. If you have any questions, please call Lorraine Okabe at (916) 444-5790,
ext. 236.
0000:91
League of California Cities
�nnnal Conference Voti^a Procedures
1. Each member city has a right to cast one vote on matters pertaining to League
policy.
2. To cast the city's vote a city official must have eo or her Possession the city's
voting card and be registered with the Credentials
3, Prior to the Annual Conference, each city should designate a votivdelfor
ate use by aan
nd
alternate and return the Voting Delegate Form to the League
Credentials Committee.
4, The voting delegate or alternate may pickup the city's voting card at the voting card
desk in the conference registration area
5. Free exchange of the voting card between the voting delegate and alternate'is
permitted.
tin
6. If neither the voting delegate nor alternate is able to attend the B from
the
the voting delegate or alternate may pass the voting card to another
same city by appearing in person before a representative Of exchanges the redent als b
Cthe ommittee to make the exchange. Prior to the Business Meeting,
ess
made at the "Voting Card" table in the Leaguet Regdtionb� e front the
Meeting, exchanges may be made at the Vo g in
meeting room.
7. Qualification of an initiative resolution is judged in part by to the records validity the signatures-
only
ignal ass
Only the signatures of city officials,who, according
Committee,are authorized to use the city's voting card and who have left a sample
Committee register will be approved.
of their signature on the Credential-
8.
In case of dispute, the Credentials Committee will determine the right of a city
official to vote at the Business Meeting.
I„\policy\acres\voteproc
()()0 092
i