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AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
Tuesday, August 8, 1995
7:00 P.M.
NOTICE: The City Council will meet in Closed Session at 6:30 p.m on Tuesday,
August 8, 1995, for purposes of discussion pertaining to:
1) CONFERENCE WITH REAL PROPERTY NEGOT ATOR
Property: 9085 Morro Road
Negotiating Parties: Brown / City of Atascade o
Under negotiation: Price and terms of payme t
This agenda is prepared and posted pursuant to the requirements of Go emment Code
Section 54954.2. By listing a topic on this agenda, the City Council ha expressed its
intent to discuss and act on each item. in addition to any action identif ed in the brief
general description of each item, the action that may be taken shall includ A referral to
staff with specific requests for information, continuance; specific direction to staff
concerning the policy ormission of the item;discontinuance of consideratio •authorization
to enter into negotiations and execute agreements pertaining to the iter; 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 08) and in the
Information Office (Room 103), available for public inspection during City Hall business
hours. The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need speci assistance to
participate in a City meeting or other services offered by this City,please c ntact the City
Manager's Office f(805) 461-5010) or the City Clerk's Office ((80-17 461-5074).
Notification at least 48 hours prior to the meeting or time when services are needed will
assist the City staff in assuring that reasonable arrangements can be m We 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
PRESENTATIONS:
o Recognition to City Employees with 15 years of service
o Ceramic Mural at Pavilion: Request for conceptual approval (Linda
Wargo, Atascadero State Hospital)
COMMUNITY FORUM: Please see "Rules of Public Participation" (Back Page)
A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are
considered to be routine, and will be enacted by one motion in the form listed
below. There will be no separate discussion on these items. A member of the
Council or public may, by request, have any item removed from the Consent
Calendar, which shall then be reviewed and acted upon separately after the
adoption of the Consent Calendar.
1. CITY COUNCIL MINUTES - July 25, 1995
City Clerk recommendation Approve
2. GENERAL PLAN CONFORMITY REPORT - Consideration of Planning
Commission report regarding the acquisition of certain real property in the City
of Atascadero by the County of San Luis Obispo in order to expand the branch
library
Staff recommendation:. Information only, no action required
3. RESOLUTION NO. 78-95 -Authorizing award of Bid #95-04 for El Camino Real
and State Hospital entrance signal andlighting project
Staff recommendation Adopt
4. RESOLUTION NO. 79-95 - Authorizing the execution of an agreement with
North County Septic Service for septage dewatering concession
Staff recommendation: Adopt
5. RESOLUTION NO. 80-95 Authorizing the execution of a cooperative
agreement with CalTrans for maintenance of signal preemption equipment at
Del Rio Rd. and Hwy. 104
Staff recommendation: Adopt
B. PUBLIC HEARINGS:
1. RESOLUTION NO. 15-95 -Adopting the Economic Development Element of the
Atascadero General Plan (GPA 94006)
Staff recommendation: Adopt
2. ORDINANCE NO. 289 - Amending Zoning Ordinance text to allow "offices" in
the downtown pedestrian retail overlay zone (ZC 95004)
Staff recommendation: (I) motion to waive reading in full and read by title
only, and (2) motion to introduce on first reading by title only
2
3. BUSINESS IMPROVEMENT ASSOCIATION REQUEST - Consider extension of
January 1990 Agreement and October 1990 Amendment #1 for City's
continued payment of property taxes and maintenance on BIA public parking
lot
Staff recommendation: Review & provide direction
4. CONSIDERATION OF APPLICATIONS FILED BY THE ATASCADERO MUTUAL
WATER COMPANY (AMWC) - Conditional use permit, variance and road
abandonment for the relocation and upgrade of existing pump facilities located
near the intersection of San Gabriel and San Marcos Roads
A. Resolution No. 10-95 - Summarily vacating an unimproved portion of
San Marcos Road right-of-way
Staff recommendation: Approve
C. REGULAR BUSINESS:
1. DISCUSSION ON THE COUNTY/CITY TAX EXCHANGE AGREEMENTS ON
ANNEXATIONS
Staff recommendation: Review & provide direction
2. MILLHOLLIN MINE - Status Report
Staff recommendation: Receive report
3. CABLE CONSORTIUM COMMITTEE
Staff recommendation: Provide direction
4. RESOLUTION NO. 75-95 - Supporting request that CalTrans retain the
temporary Curbaril Bridge structure following the completion of the Hwy. 41
Realignment Project (Cont'd from 7/25/95)
Staff recommendation: Adopt
5. ORDINANCE NO. 291 - Amending Atascadero Municipal Code Sections 2-9.02
and 2-9.08 re: terms of office for members of the Planning .:Commission
City Clerk recommendation: (1) Motion to adopt on sem reading by title
only
6. ORDINANCE NO. 292 - Amending Atascadero Municipal Code Section 2-13.03
re: terms of office for members of the Parks & Recreation Commission
City Clerk recommendation: (1) Motion to adopt on second reading by title
only
D. COMMITTEE REPORTS (The following represent ad hoc or standing
iscommittees. Informative status reports will be given, as felt necessary.):
1 . S.L.O. Council of Governments/S.L.O. Regional Transit Authority
ty
3
2. City/School Committee
3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
4. Economic Round Table
5. Finance Committee
6. Air Pollution Control District
7. Upper Salinas Riv. Coordinated Resource Mgmt. and Planning Committee
8. North County Council
9. Integrated Waste Management Authority
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
F. ADJOURNMENT:
The Council will adjourn to 7.00 p.m. on Wednesday,August 16, 1995,
4th Floor Club Room, for the purpose of conducting the FY 1995/96
Budget Hearing. Said meeting is open to the public.
4
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 ag nda, in the order
the item(s) are addressed by the Council, as directed by the Vlayor. Items not
on the agenda should be submitted during the Community Forum period (see
below).
o Persons wishing to speakshouldstep 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 for a second time until everyone wishing to speak has had
an opportunity to do so, and no one may speak more than tivice 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 C iscussion.
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 allowedfor 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 upon such items.
�.
M E M O R A N D U M
TO: City Manager Andy Takata, Mayor George Highland
and Council Members
FROM: Chief of Police
SUBJ: Community Mural Project Committee
DATE: July 27, 1995
As the ceramic mural project at the Atasca ero Police
Department is being completed, the Mural Projet Committee
wishes to propose another similar installat on at the
Atascadero Pavilion.
Council may recall that this committee is comprised of Linda
Wargo, Director of the Arts in Mental Health Program at
A.S.H. , Janine Kirkpatrick, professional artist and teacher,
and myself. (It should be noted that Linda and I also serve
on the Community Mural Committee. )
The proposed Pavilion project will include artwork completed
by students of the San Gabriel School, and as in the police
project, patients at A.S.H. will manufacture the ceramic
tile and transfer the children's artwork onto the glazed
• tile.
We are suggesting that the ceramic artwork be professionally
installed flush into the walkway leading to the front doors
of the Pavilion. Linda and Janine will closely supervise
and coordinate this project along with the 3an Gabriel
Principal, Dan Mosinich.
As with the police mural, funding will be rovided by
various service clubs as well as Chevron Corporation.
Our committee requests conceptual approval of this project
at this time so that work may begin upon the opening of the
school year in September.
Thank you. . .
T-��
RICHA D H. MCHALE
r
WETLANDS SIDEWALK MURAL PROJECT FOR THE ATASCADERO
LAKE PAVILION
The "Wetlands Sidewalk Project" is an art project to be designed
by the third grade children of San Gabriel School, rendered into
ceramic tile by the patients at Atascadero State Hospital, and
installed in front of the Lake Pavilion in cement.
In a 15 week art program the children at San Gabriel School will
focus their attention on Atascadero Lake as a wetland. They will use
direct experience and observation to do art projects within the
following areas: The Living Sky, The Edge of the Lake, The Surface of
the Lake, and In the Depths of the Lake. The art program will
dovetail into San Gabriel's 3rd grade curriculum including the
Community and Creeks.
The children will paint cattails and tule, draw turtles and
dragonflies, print fish and trees and sculpt ducks and geese. They
will do watercolors of clouds and weather and cast animal prints.
They will press woven cattails into clay and experience tile making.
During site visits to the lake the children will formalize the shape of
the sidewalk mural and work on its content and the relationships
within the physical boundaries set up in my preliminary drawing.
The basic area to be used in Phase I includes a strip up the center
of the walkway in front of the Lake Pavilion corresponding to level
numbers 5-9 in the drawing with a larger space to be used in level 5
and 6. Phase II would involve a 3' wide walkway of ceramic 'tiles
set in cement following the lines of the wooden garden border
already in place on both sides of the present cement walkway. The
tile walkway would expand on the theme of the Edge of the Lake and
serve to lead people around the pavilion to the lake itself and to
other-artwork on the lakefront and on the back stucco wall of the
Pavilion.
In Phase III a wall mural could be designed for the back of the
Pavilion. It would represent the Surface of the Lake. It would be
seen from areas across the lake and serve as a draw to the porch
area of the Pavilion. Next to this, in Phase IV another school could be
involved in designing a tile walkway in front of the stone benches.
The theme of this walkway would be the Depths of the Lake.
In presenting the sidewalk project to the children I will identify
as much life in each area as I can through first hand observation or
photographs. The Living Sky includes birds, butterflies, bats, flying
bugs, dragonflies, mosquitoes, and Mayflies as well as clouds, sun,
moon and stars; basically all the natural action in the sky.
The Edge includes all the life that depends on the lake and lives at
or near its edge, from plants growing in 2'of water to the reeds and
grasses in shallow water to the willows and big trees growing on dry
land and absorbing the lake water with their deep roots". Also living
on the edge are insects, turtles, raccoons, frogs, tadpoles, fish, birds
nests and fledglings etc..
The Surface includes the insects that dwell on the surface or just
below including water striders, ducks, geese, duckweed,,and
backswimmers. Also involved is the character of the water surface
itself. The Depths include the fish, crayfish, caddiswon s, snails,
algae, roundworms, ciliates, diatoms and other microscopic creatures.
With the help of the classroom teachers relationships between
the life forms of these areas within the wetland will give us ideas for
artwork as well. Once the children have produced a body of artwork
then we will all work on how to put it together in the designated
ground areas. The result will be children's artwork at its best:
informed, beautiful and surprising.
The patients at Atascadero State Hospital will render the
children's artwork into ceramic tiles preserving the innocence of the
children's work. They have demonstrated their ability to do this in
. the the mural project for the Police Department.
I feel confident that Phase I could be accomplished in one year
with Phase Il completed within another 6 months. I would be
willing to commit to working with San Gabriel School for 15 weeks in
the fall of `95 and Atascadero State Hospital for the length of the
project.
Agenda Item: A-1
Meeting Date: 8/08/95-
ATASCADERO CITY COUNCIL
JULY 25, 1995
MINUTES
REGULAR SESSION:
The Mayor called the meeting to order at 7:02 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Jo inson, Luna and
Mayor Highland
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City
. Clerk
Staff Present: Andy Takata, City Manager;Art Montan on, City Attorney,
Brady Cherry, Director of Community Services; Brad
Whitty, Finance Director; Mike McCairi, Fire Chief; Jeff
Fredericks, Police Sergeant; John Nil, Assistant City
Engineer; Doug Davidson, Senior Planner and Fred Motlo,
Fire Captain
COUNCIL COMMENTS:
Councilman Johnson read a prepared statement sharing communitV concern regarding
a recently submitted business license application for an adult book store in the
downtown (see Exhibit "A"). Councilman Luna voiced disapproval for the type of
business being proposed because it is not in keeping with what the Downtown Master
Plan envisions for Atascadero. He requested that the City Attorr ey cooperate with
citizens groups organizing to oppose it. Councilman Carden also expressed
displeasure and asked staff to promptly bring forward a study session relative to
redevelopment for the downtown.
Councilman Carden suggested that the Community Services Director Kook into
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establishing corporate sponsorships for exhibits at the Charles Paddock Zoo. He
added that this may be a viable option for raising funds needed for continued
maintenance and expansion.
COMMUNITY FORUM:
Ray Jansen, 6655 Country Club Drive, read his most recent letter to the editor of
Atascadero News announcing the "Peace Lantern Ceremony" on August 6th at 7:00
p.m. at the Lake Park.
Eric Greening, 7365 Valle, commented that he agreed with City Council remarks
regarding the proposed adult book store. He noted that this type of business does not
go into a thriving community and proposed that the fact that an application such as
this has been filed should be considered a "wake-up call". He suggested that City
staff conduct research to determine whether there are cities that have successfully
repelled this kind of business with similar odds and look at strategies and methods
used.
Jim Brenton, 11165 Santa Lucia, spoke regarding continued operations at the
Millhollin Mine beyond the expiration date of the Interim Operations Agreement
entered into with the County of San Luis Obispo. The City Attorney provided a status
report on related pending litigation and advised that any complaints about operations
are still to be directed to the Community Development Department, who is the lead
agency under the State Mining and Reclamation Act (SMARA) or the State Mining
Board. Mr. Montandon explained that the purpose of the Interim Operations
Agreement was to develop standards for operations and provide a mechanism for
enforcement. He reiterated that the mine has a legal vested right to operate and
explained that the City is not liable for activities on the property, which is private.
Marcia Torgerson, 6200 Llano Road, read a prepared statement voicing concern about
continued operations at the Millhollin Mine (see Exhibit B) and asked that the matter
be placed on the City Council agenda as soon as possible. In addition, Ms. Torgerson
said that the State Mining Board recently inspected the mine and approved it. She
emphasized that the County was given prior notice of the inspection and made sure
that the right equipment was there for the inspection. The equipment, she stressed,
is not usually at the site, was brought onto the site for the inspection and was then
removed the following day. Ms. Torgerson also reported that it was the State Mining
Board who advised the neighbors to file a lawsuit because it was the only way to
solve the problem.
Dorothy Flaherty, 12100 Cenegal Road, read a prepared statement sharing concern
regarding the Millhollin Mine (see Exhibit Q.
Barbara Rose, LLano Road resident, asserted that she has not seen any work
completed towards an approved reclamation plan for the Millhollin Mine and observed
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that mining operations are on-going.
Tom Austin, 10708 EI Camino Real, requested that the City look into the legal aspects
of the proposed adult book store. He reported that he personably had done some
research regarding secondary effects of sexually oriented businesses and offered to
provide the City Attorney with information he has gathered from the American Family
Association.
Mayor Highland encouraged a concerted community effort to let the applicant for the
adult bookstore know that his business is not welcomed in Atascadero. He asked
staff to pursue recommendations made by the public and Council'.
---End of Public Testimony---
A. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - June 27, 1995
City Clerk recommendation: Approve
2. CITY COUNCIL MINUTES - July 11 , 1995
City Clerk recommendation: Approve
3. CITY TREASURER'S REPORT - May, 1995
City Treasurer recommendation: Review & accept
4. FINAL PARCEL MAP 94003, 8505 GRAVES CREEK - Division of an existing
parcel of approximately 6.0 acres into two (2) parcels containing 2.89 acres
(gross) and 3.09 acres (gross)
Staff recommendation: Approve
5. RESOLUTION NO. 68-95 - Authorizing construction contract with Whitaker
Engineering Contractors for the Santa Rosa Sewer Extension Project (Bid No.
95-01)
Staff recommendation: Adopt
6. RESOLUTION NO. 69-95 - Authorizing construction contract with Whitaker
Engineering Contractors for the San Gabriel Rd. Sewer Project (Bid No. 95-03)
Staff recommendation: Adopt
7. RESOLUTION NO. 73-95 - Approving the application for funds under the
Transportation Enhancement Activities (TEA) Grant Program
Staff recommendation: Adopt
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8. APPROVAL OF WARRANTS FOR THE MONTH OF JUNE 1995
Staff recommendation: Approve
Councilman Johnson pulled Item #1 to abstain due to absence. Councilman Carden
pulled Items #2 and 7 for commentary.
MOTION: By Councilman Johnson, seconded by Councilman Luna to
approve the Consent Calendar Items #3, 4, 5, 6 and 8; motion
passed 5.0 by roll call vote.
MOTION: By Councilman Luna,seconded by Councilman Bewley to approve
Item #1 [City Council Minutes]; motion passed 4:0 (Johnson
abstained).
Re: Item #2. CITY COUNCIL MINUTES - July 11, 1995
City Clerk recommendation: Approve
Councilman Carden clarified a request he made of the Economic Round Table on Page
12 of the Minutes. The Clerk noted that she would make the amendment.
MOTION: By Councilman Carden, seconded by Councilman Luna to approve
the Minutes, as amended; motion passed 5:0 by roll call.
Re: Item #7. RESOLUTION NO. 73-95 - Approving the application for funds
under the Transportation Enhancement Activities (TEA) Grant
Program
Staff recommendation: Adopt
Councilman Carden asked for clarification of the City's total share of costs and
expressed concern about allocating Tree Fund monies as the funding source for the
local match when the expenditure is not authorized in the adopted Tree Fund
Expenditure Policy. Andy Takata advised that staff is requesting approval of the TEA
Grant Program application and explained that consideration of funding sources for the
City's match and related costs in the amount of $20,700 will be brought back in the
future.
MOTION: By Councilman Carden, seconded by Councilman Luna to adopt
Resolution No. 73-95; motion passed 5:0 by roll call vote.
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B. PUBLIC HEARINGS:
•
1. RESOLUTION NO. 76-95 - Confirming the cost of weed abatement
Staff recommendation: Adopt
The Fire Chief provided the staff report and recommendations. There were no
questions or comments from the Council or public.
MOTION: By Councilman Carden, seconded by Councilman Bewley to
approve Resolution No. 76-95; motion passed 5:0 by roll call.
2. ANNUAL GRANTEE PERFORMANCE REPORT FOR 1993 STATE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
Staff recommendation: Receive public comment
Doug Davidson provided a brief staff report and introduced Don [Jana, Peoples' Self
Help Housing, who presented status on the North County Womens' Shelter, the
recipient project.
Public Comments:
Eileen Allan, Director of the North County Womens' Resource venter and Shelter,
expressed gratitude and summarized services offered.
---End of Public Testimony---
The public hearing was held; there was no Council action.
C. REGULAR BUSINESS:
1. CITY SPONSORSHIP OF USDA EMERGENCY WATERSHED PROTECTION
PROJECTS TO OBTAIN GRANTS TO RESTORE FLOOD DAMAGED AREAS
Staff recommendation: Approve
Brady Cherry provided the staff report and recommendations. He responded to
questions regarding funding sources for local matching funds for three projects
proposed for sponsorship.
Mayor Highland inquired as to whether or not there were time Constraints. Brady
Cherry advised that there were none, but emphasized that staff recommends that
construction be completed before the Fall rains. Mayor Highland expressed concern
relative to the postponement of the budget hearings and proposed.that these matters
may best be tabled until after the budget is adopted. Brady Cherry requested
conceptual approval and noted that the agreements necessary to proceed could be
brought back to the Council at a future date.
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Councilman Johnson noted that the three projects were indeed worthwhile. He asked
staff whether or not there had been discussion fvith the residents within the project
areas. Brady Cherry reported that the Carmelita Avenue homeowners have been
contacted and are in support. The residents on Curvado Circle, he explained, have not
yet been asked if they are willing to help financially participate with the local match
and added that staff has been researching grant monies as a funding source.
Public Comments:
Conrad Langille, 5550 Traffic Way, noted that he and a partner have accepted an
offer on the Curvado Circle home owned presently by Paula Lewis of Atascadero. He
explained that he would be happy to talk with the neighbors to determine if they will
participate and reported that, if not, he and his partner will contribute the needed
share.
Eric Greening encouraged the City Council to maintain E.G. Lewis' vision relative to
the creek reservation.
---End of Public Testimony---
There was consensus to proceed with Projects #1 and 2. The Council directed staff
to contact the property owners on Curvado Circle to establish willingness to
participate in meeting the local match and was further directed to bring back relevant
agreements after the Fiscal Year 1995-96 budget is adopted.
2. ORDINANCE NO. 291 - Amending Atascadero Municipal Code Sections 2-9.02
and 2-9.08 re: terms of office for members of the Planning Commission
City Clerk recommendation: (1) Motion to waive reading in full and read by title
only, and (2) motion to introduce on first reading by title only
The City Clerk presented the staff report and recommendation.
Public Comments:
Bob Johnson, Chairman of the Planning Commission, reported that a consensus of the
Planning Commission agrees that it would be preferable to postpone the selection of
a chair and vice-chair for about two months after new members are seated. He
suggested that Section 2-9.08 of the ordinance be amended to read, "annually
pursuant to adopted rules...".
---End of Public Testimony---
Brief Council discussion ensued. There was mutual agreement that given the fact that
the terms on the Planning Commission are staggered, there would be no need to
postpone the selection of the chair and vice-chair. The City Attorney advised that the
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ordinance, as written, gives some latitude if it is necessary.
MOTION: By Councilman Luna, seconded by Councilman Johnson to waive
the reading in full of Ordinance No. 291 ; motion passed 5:0.
MOTION: By Councilman Luna, seconded by Councilman Johnson to
introduce Ordinance No. 291 on first reading; motion passed 5:0.
3. ORDINANCE NO. 292 -Amending Atascadero Municipal Code Section 2-13.03
re: terms of office for members of the Parks & Recreation Commission
City Clerk recommendation: (1) Motion to waive reading in mull and read by title
only, and (2) motion to introduce on first reading by title only
The City Clerk provided the brief staff report. There were no comments or questions
from members of the Council or public.
MOTION: By Councilman Johnson, seconded by Councilman Luna to waive
the reading in full of Ordinance No. 292; motion passed
unanimously.
MOTION: By Councilman Johnson, seconded by Councilman Luna to
introduce Ordinance No. 292 on first reading; motion passed
unanimously.
4. Request that CalTrans retain the temporary Curbaril Bridge structure following
the completion of the Highway 41 Realignment Project (Cont'd from 7/11/95)
Staff recommendation: Provide staff direction
John Neil, Assistant City Engineer, provided the report. Council discussion ensued.
Councilman Johnson commented that although he does not support requesting
permanent retention of the temporary bridge, he would like to see the bridge remain
in place until the new one is finished. Councilman Luna agreed.
Councilman Bewley expressed apprehension about supporting the resolution, as
drafted, if it will jeopardize acquisition of the permanent bridge. Mayor Highland
stated that he could not support adoption of the resolution as written.
Public Comments:
Eric greening, 5th district representative on the Citizens Transportation Advisory
Committee (CTAC), urged the City Council to request that the temporary bridge be
retained as long as possible; but preferably throughout the phasing of the entire
realignment project, including interchange.
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---End of Public Testimony---
Councilman Luna suggested that the resolution be amended by changing the word,
"following" [the completion of] to "until" [the completion of]. Mayor Highland spoke
in favor the amendment as proposed emphasizing that the change in wording does not
imply desire to keep two bridges permanently. Councilman Johnson recommended
that staff consult with CalTrans to make sure that the intent of the proposed
resolution is clear and that the realignment and new bridge project will not be
jeopardized by this action.
By mutual consent, the Council agreed to amend the resolution as proposed and
directed staff to consult with CalTans to make sure the intent is clear. The matter will
come back at the next regular meeting.
D. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports were given, as follows.):
1. Economic Round Table - Councilman Johnson reported on the meeting
of July 19th and mentioned that the Round Table would be meeting in
a special workshop on August 4th to develop strategies for downtown
revitalization.
2. Air Pollution Control District - Mayor Highland reported that the APCD
would meet on Wednesday, July 26th to discuss landfill tipping fees.
3. North County Council - Mayor Highland announced that the Executive
Committee would be meeting on Thursday, July 27 to receive a report
on the Salinas Dam Transfer Agreement.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Highland requested a concise staff report regarding the status of operations at
the Millhollin Mine.
Councilman Luna asked staff to bring back a status report on the Citizens' Task Force
for Economic Recovery. Brad Whitty reported that the committee would be meeting
for the second time on Monday, July 31st at 7:00 p.m.
Councilman Carden requested that a discretionary fund be set up for stipends waived
by City officials and asked staff to negotiate with the Managing Director of the
Chamber of Commerce for extended hours at the Chamber of Commerce during peak
tourist seasons.
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2. City Attorney
Art Montandon announced the premier showing of the movie, ":SAFE" in San Luis
Obispo July 29th and mentioned that he is endeavoring to obtain credits for the City
of Atascadero.
3. City Clerk
Lee Price provided an update on current recruitments and suggested that the
Councilmembers check their calendars for interview dates. Applications are being
accepted for City Treasurer, Planning Commission and Board of Directors for the
Community Services Foundation, she said.
4. City Treasurer
Micki Korba remarked on a recent segment of the television show, "60 Minutes"
regarding derivatives and investments; spoke in favor of the City maintaining an
elected treasurer versus an appointed one and reported that $52,000 in interest
earnings are yet to be received from the Orange County Investment Pool.
5. City Manager
Andy Takata announced that the Council Budget Study Session originally scheduled
for Wednesday, August 2nd has been moved to Wednesday, August 16th.
THE MEETING WAS ADJOURNED AT 8:42 P.M. THE NEXT REGULAR MEETING OF
THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, AUGUST 8, 1995 AT 7:00
P.M.
MINUT S, RECO.-f DE AND PREPARED BY:
r,
f
LEE ICE, City Clerk
Attachments: Exhibit A (Johnson)
Exhibit B (Torgerson)
Exhibit C (Flaherty)
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EXHIBIT A
Atascadero
Adult Book Store Issue
7/25/95
1. Share the community's concern over the introduction of Adult Book
Store in the community.
2. Several misconceptions:
a That some official in the city invited the business. (The press says the
prospective owner claims customers have requested it.)
b. That somehow we aren't aware that an adult book store sells what
most of us would call pornography. Believe me, we know.
c. That somehow our city attorney is reluctant to face Mr. Diamond down
because he lost an early law suite to him. Actually Santa Maria engaged
a specialist to hear the case against Mr. Diamond in that city.
d. That all we have to do is take a firm stand and the supreme court will
consider a case against this type of problem.
3. My research, which includes having specific legal research done by the
Rutherford Institute shows:
a We have the authority to zone this type of business into or out of
specific areas but we can't totally exclude this type of business, nor
can we apply the rule retroactively.
b. We can enact set back type ordinances - keeping such businesses away
from schools, churches, etc. (Again not retroactively.)
c. Any emergency action we take now will not apply to this applicant.
d. The rule of law that discusses "community standards" is broadly
applied and probably can't be interpreted as narrowly as we might
desire.
e. That the applicant can be required to have a back ground check. Our
codes already require that, and it is being applied in this case.
f. The consensus of all the attorney's I have talked to is there is no legal
obstacle we can put up to keep the applicant out of town.
g. It has been suggested that we need to stand tough and fight this all the
way to the supreme court. The consensus of the attorney's I have
spoken to agree that unless some new data were presented as to the
alleged harm of such a store, the court probably would not agree to
hear the case. All of our arguments have been heard before the court
and they have ruled in favor of "free expression." Even if we agreed to
incur the great expense of going to the supreme court it would take
several years to get there- not a short term solution.
h. There are legal courses of action the citizens can take such as on site
picketing, etc.
4. Some concerns have been expressed that we didn't have a more adequate
ordnance in place. I can't speak for previous councils who discussed the
issue. There are some issues the citizens must be aware of:
• Steering the business to a section of town designating one area of town
the "obscenity area" is fraught with problems. Who wants to volunteer
their neighborhood for this store?
• That most of the ordinances I have been told about have set back
distances that may not have applied to this location.
• Never-the-less we need to address some ordnance that will apply to
other applicants - or this applicant if this deal falls through.
5. I would challenge the community at large to come together to express
the community's concern in any way the law allows.
• I would suggest that further research might be done beyond what
we've been able to do.
• That we band together to speak with one voice - and not fragmented
voices.
• That we demonstrate our level of community morality by ensuring that
if the store opens here, it will not be supported. That it will be a
money loser out of the chute.
6. This is a wake up call for the community. These types of businesses tend
to show up in areas that are deteriorating- where prices are low enough
to make them attractive to these types businesses. We must with
dispatch get moving on the rehabilitation of down town - and seriously
pursue redevelopment. The only positive aspect of this event is that it
helps define blight in down town.
• I will continue to put my energies into seeing our down town rehabed
- and become an area we can be proud of once again.
• I would challenge all the property owners to join the city's effort to
enhance, not besmirch the down town area. (I understand the
applicant in this case may not have been up front with the current
owner on his intentions.)
7. I would like staff to bring back to the council the following:
a. A list of alternatives and suggestion on an ordnance that will give the
maximum control allowed under the law of such businesses.
b. That we ensure that these types of businesses don't group together,
that they be set back from schools, churches and residences.
c. That should this business come to town, that we have a firm
understanding with the police department that all relevant laws are
strictly enforced.
d. That city staff and the city attorney provide the community group any
guidance needed to explore fully all legal alternatives. That staff work
with outside legal entities that might assist us in this issue.
8. I would challenge the community to use this issue to bring consensus in
things we want that will enhance the community rather than letting the
market forces drag into town what they will, like the family cat dragging
home a dead skunk.
Ray Johnson
City Council Person
MARCIA MCCLURE TORGERSON
6200 Llano Road
Atascadero, CA 93422
805-466-7980
July 25, 1995 CC 7/25/95
EXHIBIT B
Atascadero City Council
Re: Millhollin Mine
Gentlemen:
I would like to re-fresh your memory on some of the history of the City's
involvement in the Millhollin Mine issue.
* In 1992 the City of Atascadero applied for and acquired lead agency status in
regards to the Millhollin Mine. During 1992 and 1993 the City worked very
hard at getting Mr. Millhollin to file an ar�ended reclamation plan. The City set
several deadlines, all of which Mr. Millhollin basically ignored.
• By the end of 1993, after the County ignored neighborhood concerns and
expanded its operation, the City and Mr. Millhollin agreed on ;a 90-day
moratorium in an attempt to negotiate some sort of settlement to the conflict.
• That moratorium went on until September 1994 when the City, as a result of
pressure from the County and Legal pressure from the Millhollin's, agreed to
sign the Interim Operations Agreement which stipulated that the mine could
operate from October, 1 , 1994 through May 30, 1995.
May 30th. has come and gone and the County has still been operating the mine
through June and July and I assume will continue indefinitely.
I don't understand why the City keeps changing its position on this matter. First,
the City told Mr. Millhollin that he had to file an amended reclamation plan. Then,
due to Mr. Millhollin threatening to sue, the City agrees to let him open the mine
temporarily (from October 1994 through May 1995). Now, there is no amended
reclamation plan nor a signed agreement and the City is allowing the mine to
continue to operate anyway!
Why did the City work so hard, from 1992-1994, to protect the neighborhood of
the mine, only to turn its back on the same neighborhood now? Mr. Mayor,
please place this issue on the Council's agenda as soon as possible. As lead
agency, you have a responsibility to the citizens of Atascadero to address this
issue and let them know where you stand.
Sincerely,
C ,
Marcia McClure T
u e orgerson
/m
e
CC 7/25/95
EXHIBIT C
July 25, 1995
To: Atascadero City Council
I am speaking to you tonight because I am also concerned about
the future of my neighborhood. I live across Graves Creek from
the Millhollin Mine. As my neighbors have reported to you, the
Mine is still operating even though the Agreement you signed with
Mr. Millhollin expired May 30, 1995 .
In that now expired agreement, it said that the County workers in
the Mine would not need to worry about dust control because they
would be working during the rainy season. Now, they are still
working, not during the rainy season, and are doing nothing to
control the dust generated from their work. I'm sure there is a
law that the City could enforce in regards to dust control .
Dust control is only one of many issues involving the Mine' s
operation that the City needs to address . Please put the
Millhollin Mine on your agenda so that you can protect my
neighborhood from the negative impacts of the Mine.
Dorothy Fla erty
12100 Cenegal
Atascadero
466-4484
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item:
Through: Andy Takata, Meeting Date: I Lugust 8, 1995
City Manager
From:,,p Doug Davidson, Senior Planner File: GPC 95001
SUBJECT:
General Plan Conformity Report and Finding for the acquisition of
certain real property in the City of Atascadero by the County of
San Luis Obispo to provide for the expansion of th Atascadero
library.
RECOMMENDATION:
Receive Planning Commission Finding that acquisition of the
subject property (see attachment) is in conformance with the
City' s General Plan.
BACKGROUND:
On July 18, 1995 the Planning Commission determine that the
acquisition of property at 6907/6925 Atascadero Av by the
County of San Luis Obispo to allow for an expansion of the
Atascadero library is in conformance with the General Plan. This
is brought to the Council as an informational item- no action is
required to be taken. The California Government C de requires
that the "planning agency" report as to conformity with the
General Plan prior to acquisition of property by a county within
the corporate limits of a city.
Attachment: Planning Commission staff report
cc: Curt Sorg, County Property Manager
000001
CITY OF ATASCADERO Item: q. 2
STAFF RZPORT
FOR: Planning Commission MEETING DATE: 7-18-95
BY: , p Steven L. DeCamp, City Planner FILE NO: GPCR 95-1
O SCT:
Consideration of a General Plan Conformity Report and Finding for
the acquisition of certain real property within the City of
Atascadero by the County of San Luis Obispo.
RXQQHV§NDATION:
Staff recommends that the Commission find that the acquisition of
certain real property (AP#'s 030-282-018 and 030-282-032) by San
Luis Obispo County is in conformance with the Atascadero General
Plan.
SITUATION AND FACTS:
1 . Applicant . . . . . . . . . . . . . . . . . .San Luis Obispo County
2 . Representative. . . . . . . . . . . . . . .Curtis Sorg, County Property
Manager
3 . Project Address. . . .. . . . . . . . .6907 Atascadero Ave.
6925 Atascadero Ave.
4 . General Plan Designation. . . . .L (Library)
5. Zoning District. . . . . . . . . . . . . .Public
BACKGROUND
The California Government Code, in Section 65402 . (a) and (b)
provides, in pertinent part, as follows:
(a) If a general plan or part thereof has been adopted, no real
property shall be acquired by dedication or otherwise for street,
square, park or other purpose, and no real property shall be disposed
of, no street shall be vacated or abandoned, and no public building or
structure shall be constructed or authorized, if the adopted general
plan or part thereof applies thereto, until the location, purpose and
extent of such acquisition or disposition, such street vacation or
abandonment, or such public building or structure have been submitted
I
II
000002
STAFF R$PORT July 18, 1995
GPCR 95-1 Page 2
to and reported upon by the planning agency as to conformity with said
adopted general plan or part thereof.
(b) A county shall not acquire real property for any of the purposes
specified in paragraph (a), nor dispose of any real property, nor
construct of authorize a public building or structure, in another
county or within the corporate limits of a city, if such city or other
county has adopted a general plan or part thereof and such:general plan
or part thereof is applicable thereto . . .until the location, purpose
and extent of such acquisition. . . [has] been submitted to •and reported
upon by the planning agency having jurisdiction, as to conformity with
said adopted general plan or part thereof.
SYSIS:
The Land Use Element of the General Plan contains only a single
reference to the County Library. Page II-27 contains the
following language:
"The County Library originally operated out of the
Administration Building. The new County Branch Library is
located at the northwest corner of Highway 41 and Atascadero
Avenue . The site should be expanded to provide for library
expansion and off-street parking. "
Based on this one reference, the County' s acquisition of
additional parcels to expand the library is clearly in
conformance with the City' s General Plan. Indeed, one of the two
affected parcels is designated L (Library) on the General Plan
Land Use map. The second parcel can also be interpreted to carry
the same designation because of its size and adjacency to the
other "L" designated parcels .
FINDING:
Acquisition of the property referenced above appears to be in
conformance with the policies of the Land Use Element of the
General Plan.
ATTACHMENTS: Exhibit A - Location Map
000003
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RUG-02-1995 11:46 FROM NORTH CORST ENG.INC TO 4617615 P.03
REPORT TO CITY COUNCIL
Meed Bate: =:1d/qS
CITY OF ATASCADERO Agen fa Item: —3
Through: Andrea-J. Takata, City Manager
From: i5teven J. Sylvester, City Engineer
SUS:
Bid Award for El Camino Real and State Hospital Entrance Signal and Lighting project
RECOMMENDATION-
Staff recommends the City Council adopt Resolution 78-95 authorizing the execution of
a contract with Lee Wilson Electric Company to construct the El Camir o Real and State
Hospital Entrance Signal and Lighting Project. The contract amount wi I be$77,443.00.
DL.,,FCUSSION:
Bids were solicited to provide a traffic signal and associated lighting at the
entrance/exit from the State Hospital. Plans and Specifications were prepared by
Associated Traffic Engineering. The project is shown in the current(Jule 14, 1994)
5-Year Capital Improven-*nt Pian as Project A-1 27 "ECR Hospital Sig l".
The work involves the signalization of the intersection with improved intersection
lighting.
The bids have been checked for completeness and accuracy. The City Engineer finds
the lowest responsible bidder to be Lee Wilson Electric Company with a bid of
$77,443.00. The Engineer's Estimate for the project was$78,000.00.
The Bid Summary prepared by the City Clerk and the itemized Bid Sun imary are
included for reference as Attachments A and B.
FISCAL IMPACT:
The prolected fiscal impact to the City is:
Construction Bid $ 77,4a 00
Contingencies @ 10% 7.744.30
Subtotal $ 85,187.30
000005
Report to City Council
Meeting Date: 07!25!94
Page 2
Contract Administration, Construction Staking,
Soils Testing. Inspection at 14% of Construction Bid 10.842.02
Total $96,029.32
The funding sources are a State Highway Account grant of$87,500.00 and City Fund
705"Road and Bridge Development Fees"for the remaining $8,529.32.
ATTACHMENTS:
Attachment A-Project Bid Summary
Attachment B-Itemized Bid Summary
000006.
RUG-02-1995 11:46 FROM NORTH COAST ENG,INC TO ! 4617615 P.02
RESOLUTION NO.78 -95
• RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO,CALIFORNIA,AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
LEE WILSON ELECTRIC COMPANY
FOR THE
EL CAMINO REAL AND STATE HOSPITAL ENTRANCE SIGNAL
AND LIGHTING PROJECT
The City Council of the City of Atascadero, California hereby resolves as follows:
1. The Mayor is hereby authorized to execute an agreement with
in the amount of$77,443.00.
2. The City Manager is hereby authorized to make mirror corrections or
modifications of a mathematical or clerical nature.
3. The Finance Director is hereby authorized to appropriate funds, if
necessary; release and expend funds; and issue warrants to comply with the
terms of this agreement.
4. The City Engineer is hereby authorized to execute changed Qrdere up to 10%
of the bid amount.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Atascadero held on the 8th of August, 1995.
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
LEE PRICE, City Clerk GEORGE P HIGHLAND, Mayor
APPROVED AS TO FORM:
ARTHER R MONTANDON, City Attorney
9414005.ata
000007
HUG—Ud-1y95 11;47 FROM NORTH COAST ENGsINC TO 4617615 P.05
BID SUMMARY
TO: Steve Sylvester, City Engineer
North Coast
,,Engineering
FROM: Lee Price /j�
City Clerk t�
BID NO.: 95-04
OPENED : 712$195 2:00 p.m.
PROJECT: EL CAMINO REAL&HOSPITAL ENTRANCE TRAFFIC SIGNALS AND LIGHTING
PROJECT
Two (2) bids were received and opened today, as follows:
Contractor Total Bid
Lee Wilson Electric Company $77,443.00
P.O_ Box 250
Arroyo Grande, CA 93421
Safety Electric Corporation 84,993.00
4957 E. Lansing Way
Fresno, CA 93727
Attachments: 2 Bids
c: Valerie Humphrey, Engineering Department
#TTACH M -- T
000008
HUU-02-19y5 11:48 FROM NORTH COAST ENG: INC TO 4617615 P.06
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000009
REPORT TO COUNCIL Meeting ate: 8-8-95
CITY OF ATASCADERO Agenda tem: l�- 7
THROUGH: Andy Takata, City Manager
VIA: Brady Cherry, Director of Community Servi es
FROM: Mark Markwort, Chief of Wastewater Operations
SUBJECT:
Award of Contract for Septage Dewatering Cone scion.
RECOMMENDATION•
Staff recommends approval of Resolution No. 79 95 authorizing
the execution of an Agreement with North county Septic Service
for the establishment of a Septage Dewatering Service
Concession Operation at the City's Wastewater Treatment
Facility.
BACKGROUND:
Approximately one-half of the residences in ktascadero are
connected to the City's municipal sewer system the remainder
rely upon on-site septic systems. Most sanitation engineers
recommend that the solids (septage) be removed from septic
tanks every 3 to 5 years.
Prior to 1989 the City accepted septage at it's wastewater
treatment facility. However, after the occurrence of a
treatment pond upset the City was compelled toIshut down it's
septage receiving station. With no other wastewater treatment
facility in San Luis Obispo County willing to accept septage,
land application within the county or disposal at the Santa
Maria Wastewater Treatment Facility were the only remaining
options. In October of 1994, the last septage land application
site in San Luis Obispo County closed.
DISCUSSION•
A component of the City's wastewater treatment facility
upgrade plan is a $175, 000 renovation of the e isting septage
receiving facility. After reviewing a video tape, observing a
demonstration of dewatering equipment in operation and after
receiving a proposal for the establishment of a privately
owned septage dewatering facility in Atascade o; it has been
concluded that the establishment of a septage dewatering
operation at the City's wastewater treatment facility could
save the City the cost of renovating it's deficient septage
receiving station as well as generating revenue for the City.
0000io
FISCAL IMPACT•
Space rental and process water treatment fees are based upon
total septage delivered to the facility. Process water
treatment fees are set at $2.80/1000 gallons and space rental
fees are $5.00/1000 gallons for a total of $7 .80/1000 gallons.
With an anticipated volume of 3500 gallons/day, income from
this operation could gross the City nearly $10, 000/year.
Attachments:
A) Resolution No. 79-95
B) Contract Document including a proposal submitted by
Dennis Ryan RCE on behalf of North County Septic Service.
C) Letter from Air Pollution Control District, County of San
Luis Obispo indicating their willingness to issue Start
Up Authorization.
000011
ATTACHMENT "A"
46 R$80LIITION NO. 79--95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIF.ORNIA, AUTHORIZING THE
EXECUTION OV AN AGREEMENT WITH NORTH COUNTY
SEPTIC SERVICE
FOR
SEPTAGE DEWATERING SERVICE CONCESSION OPERR�TION
ATASCADERO WASTEWATER TREATMIINT. FACILITY
JULY 1, 1993 - DECEMBER 31, 1995
The City Council of the City of Atascadero, California hereby
resolves as follows:
1. The. Mayor is hereby authorized to execute an
agreement with North County Septic Service for
a septage dewaterin4%.service operation at
Atascadero's Wastewater Treatment Facility.
2. The City Manager is hereby authorized to make
minor corrections or modifications of a
mathematical or clerical nature.
• 3 . The Finance Director in hereby authorized to
receive fees for space rental and wastewater
treatment according to the terms of the
agreement.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Atascadero held on the of
, 1995.
ATTEST: CITY OF ATASCADERO
LEE PRICE By.
GEORGE P HIGHLAND
City Clerk Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON
City Attorney
000012
ATTACI- NT ""B"
Contract No.
AGREEMENT FOR SERVICES BY CONTRACTOR
SEPTAGE DEWATERING SERVICE CONCESSION OPERATION
JULY 1, 1995 - DECEMBER 31, 1995
This agreement is made upon the date of execution, as set
forth below, by aild between "North County Septic Service"
hereinafter referred to as "Contractor", and the City of
Atascadero, California, a 'Municipal Corporation, hereinafter
referred to as "City." The parties hereto, in consideration of the
mutual covenants contained herein, hereby agree to the following
terms and conditions:
1:00 GENERAL PROVXSIONS
1.01 TERM: This agreement will become effective on the
date of execution set forth below, and will continue in
effect until terminated as °provided herein.
1.02 SERVXCBS To BE PERFORMED BY CONTRACTOR: Contractor
agrees to perform or provide the services specified in
"Description of Services" attached hereto as "Exhibit All
hereby incorporated .herein.
Contractor shall use the equipment, process, method,
details and means of performing the above-referenced
services described in Attachment A,, based upon the REO
Enterprises proposal of February 27, 1995, submitted on
behalf of North County Septio Service, by Dennis Ryan,
RCE 32143, owner of REO. Enterprises.
Contractor may, at Contractor's own expense, employ such
assistants as Contractor deems necessary to perform the
services required of Contractor by this agreement. City
may not control, direct of supervise Contractor's
assistants or employees in the performance of those
services.
1.03 8PACF RENTAL AND PRWESS WATER TREATMENT PEEK: In
consideration of this agreement, space rental and process
water treatment fees are based upon total septage
delivered to storage or process equipment. Process water
treatment fees shall be $2.80/1000 gallons and space
rental fees shall be $5.00/1000 gallons for a total of
$7.80/1000 gallons.
Payment to the City of Atascadero shall be received by
the fifteenth (15th) of each month. Payments are required
to be submitted to the City of Atascadero, Department of
Public Works, Room 308, Atascadero, California.
000013
Payments received from the tenth (10th) of each month to
the twenty-fifth (25th) of each month shall be considered
delinquent and assessed a ten percent (10%) penalty.
Failure by the Contractor to tender payment to the City
within thirty (30) days of any payment so due, shall be
sufficient cause for the City to terminate this
agreement.
1. 04 LOCATION: Premises of operations is the Wastewater
Treatment Facility located at 8005 Gabarda Road,
Atascadero California.
1. 05 SUBLEASE: Contractor shall not sublease or otherwise
convey any interest of any sort granted by this agreement
to any person or persons whatsoever without prior written
consent and approval by the City.
1. 06 RECORDS AND ACCOUNTS: Contractor shall keep true and
accurate books and records showing all of its business
transactions in separate records of account for the
septage storage/dewatering operation, in a manner
acceptable to the City. The City shall have the right,
through its representatives, and at all reasonable times,
to inspect such books and records.
The City may require Contractor, at his expense, to have
his records and accounts audited by an auditor acceptable
to the City and shall present said audit to the Director
of Finance within thirty (30) days after the completion
of the audit. If Contractor fails to provide the required
audit, the City shall contract to have an audit performed
at the Contractor' s expense.
1. 07 CONDITIONS OF PREMISES: The taking of possession of
the subject premises by Contractor shall, in itself,
constitute acknowledgement that the premises are in good
and tenantable condition. Contractor agrees to accept
said premises in the present existing condition, "as is" .
Contractor may construct or modify the said premises with
prior written approval by the Director (or designee) of
Public Works. Any plans for such construction, if
applicable shall be submitted to the City for approval.
Such construction or modification shall be without cost
to the City.
1. 08 SIGNAGE: All signs, names or placards, shall be
approved by the City prior to installation. All signs
must meet all requirements and specifications as set
forth by the City.
000014
1. 09 DAMAGE TOZDESTRUCTION OF PREMISES: Should the
subject premises or any City property be totally or
partially damaged or destroyed, the City shall promptly
repair the same, except that the City shall have the
option to terminate this Agreement if (a) the subject
premises or equipment cannot reasonably be expected to be
restored under existing law to substantially the same
condition as existed prior to such damage or destruction
within (90) days from the date that the insurance
proceeds become available to the City; or (b) if the
costs of such restoration would exceed one-half (1/2) of
the full insured value of the premises or equipment
necessary for the operation of the septage
storage/dewatering operation; or (c) if the damage or
destruction results from a casualty not customarily
insured against by a policy of standard fire and extended
coverage insurance having vandalism and malicious
mischief endorsements. Any notice of termination given
here shall be given to Contractor within fifteen (15)
days after City determines that period of time required
for and the estimated cost of such repair or restoration.
2. 00 OBLIGATIONS OF CONTRACTOR
2 . 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor
agrees to devote the hours necessary to perform the
services set forth in this agreement in an efficient and
effective manner. Contractor may represent, perform
services for and be employed by additional individuals or
entities, in Contractor's sole discretion, so long as the
performance of these extra-contractual services does not
interfere with or present a conflict with City's
business.
2 . 02 HOURS OF OPERATION: Hours of operation to be
established by Contractor upon mutual agreement with the
Director (or designee) of the Department of Public Works.
Weekday hours available for delivery and dewatering are
from 8: 00 am. to 3 : 00 pm. daily. Weekend hours available
for delivery and dewatering are from 9:00 am. to 11: 00
am.
2 . 03 PERMITS: Contractor is required to provide City,
prior to commencement of operation, a copy of a City
Business License.
Contractor agrees to obtain all permits required by
government entities, to lawfully collect and dispose of
septage.
2 . 04 TAXES: Contractor agrees to pay all lawful taxes,
assessments or charges which may be levied by government
entities. 0
000015
2 . 05 EQUIPMENT: Contractor, at his own expense, shall
. completely equip the concession and keep all equipment in
a first class manner to the satisfaction of tho Director
(or designee) of Public Works throughout the term of this
contract.
2 . 06 TOOLS AND INSTRUMENTALITIES: Contractor shall
provide all tools and instrumentalities to perform the
services under this agreement.
2 . 07 WORKER'S COMPENSATION AND OTHER EMPLOYEE ,BENEFITS:
City and Contractor intend and agree that Contractor is
an independent contractor of the City and agrees that
Contractor and Contractor's employees and agents has no
right to worker's compensation and otheremployee
benefits. If any worker insurance protection is desired,
Contractor agrees to provide worker's compensation and
other employee benefits, where required by law, for
Contractor' s employees and agents. Contractor agrees to
hold harmless and indemnify City for any and all claims
arising out of any claim for injury, disability, or death
of any contractor and Contractor's employees or agents.
2 . 08 INDEMNIFICATION: Contractor hereby agrees to, and
shall, hold City, its selective and appointive boards,
officers, agents and employees, harmless and shall defend
the same from any liability for damage or claims for
damage, or suits or actions at law or inequity'; which may
allegedly arise from Contractor's or any of Contractor' s
employees' or agents ' operations under this agreement,
whether such operations by Contractor or by any one or
more persons directly or indirectly employed by, or
acting as agent for, Contractor; provided as follows:
a. That the City does not, and shall not, waive
any rights against Contractor which it may
have by reason of the aforesaid hold-harmless
agreement, because of the acceptance by City,
or the deposit with City by Contractor, of any
of the insurance policies hereinafter
described.
b. That the aforesaid hold-harmless agreement by
Contractor shall apply to all damages' and
claims for damages of every kind suffered, or
alleged to have been suffered, by reason of
any of the aforesaid operations of Contractor
or any agent or employee of Contractor
regardless of whether or not such insurance
policies shall have been determined to be
applicable to any of such damages or claims
for damages.
000016
2 . 09 INSURANCE: Contractor shall not commence work under
this contract until s/he shall have obtained all
insurance required under this section and such insurance
shall have been approved by City as to form, amount and
carrier:
a. Public Liability and Property Damage
Insurance. Contractor shall take out and
maintain during the life of this contract such
public liability and property damage insurance
as shall protect City, its elective and
appointive boards, officers, agents and
employees, and Contractor and any agents and
employees performing work covered by this
contract from claims for damages for personal
injury, including death, as well as from
claims for property damage which may arise
from Contractor's or any subcontractor' s
operations under this contract, whether such
operations be by Contractor or by anyone
directly or indirectly employed by Contractor,
the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance.
In an amount not less than $500, 000
per injury, including, but not
limited to death to any one person
and, subject to the same limit for
each person, in an amount not less
than $1, 000, 000 on account of any
one occurrence;
(2) Property Damage Insurance.
In an amount of not less than
$50, 000 for damage to the property
of each person on account of any one
occurrence.
(3) Comprehensive Automobile Liability.
Bodily injury liability coverage of
$500, 000 for each person in any one
accident and $1, 000, 000 for injuries
sustained by two or more persons in
any one accident.- Property damage
liability of $50, 000 for each
accident.
(4) Worker' s Compensation Insurance.
In the amounts required by law, if
applicable.
00001'7
b. PROOF OF INSURANCE.
Contractor shall furnish City, concurrently
with the execution hereof, with satisfactory
proof of carriage of the insurance required,
and adequate legal assurance that each carrier
will give City at least thirty (30) days'
prior notice of the cancellation of any policy
during the effective period of this contract.
The certificate or policy of liability of
insurance shall name City as an additional
insured with the Contractor.
2 . 10 CONTRACTOR'S MAINTENANCE: Except as otherwise
provided in this Agreement, Contractor, at its own cost
and expense agrees:
a. To maintain throughout the agreement term in
good sanitary order, condition, and repair,
all portions of the leased premises,
including, without limitation, (a) the storage
tank area; (b) the area around the drain
inlet, including the concrete apron; (c) any
personal property of the Contractor situated
upon the subject premises; (d) any ventilating
or gas scrubbing equipment installed by the
Contractor upon the subject premises.
b. To notify the City promptly of any damage to
the subject premises resulting from or
attributable to the acts or omissions of the
Contractor, its invitees or its authorized
representatives, and thereafter promptly to
repair all such damage at contractor's sole
cost and expense.
Contractor waives the provisions of Section
1941 and 1942 of the California Civil Code
with respect to Contractor' s right to make
repairs and to deduct the expenses thereof
from the monthly payment payable by : the
Contractor.
2 . 11 UTILITIES: Contractor shall provide for his/her own
dewatering process water and power requirements at no
cost to the City. Water for site cleanup operations will
be provided at the discretion the Wastewater Treatment
Facility Supervisor.
3. 00 OBLIGATIONS OF CITY
3 . 01 COOPERATION: City agrees to comply with all
reasonable requests of Contractor necessary to the
performance of Contractor' s duties under this agreement.
000018'
3 . 02 PLACE OF WORK: City agrees to furnish space at the
City's Wastewater Treatment Plant for use by the
Contractor while performing the services described within
this contract.
4 . 00 TERMINATION OF AGREEMENT
4 .01 TERMINATION ON NOTICE: Notwithstanding any other
provision of this agreement, any party hereto may
terminate this agreement, at any time, without cause by
giving at least fourteen (14) days prior written notice
to the other parties to this agreement.
4 . 02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This
agreement shall terminate automatically on the occurrence
of any of the following events:
(1) Bankruptcy of insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4) The end of the fourteen (14) days as set forth
in this agreement;
(5) End of the contract to which Contractor's
services were necessary; or
(6) Assignment of this agreement by Contractor
without the consent of the City.
4 . 03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR:
Should any party default in the performance of this
agreement or materially breach any of its provisions, a
nonbreaching party, at their option, may terminate this
agreement, immediately, by giving written notice of
termination to the breaching party.
4 .04 TERMINATION: This Agreement shall terminate on
December 31, 1995, unless extended as set forth in this
Section. The City, with the agreement of the contractor,
is authorized to extend the term if this Agreement beyond
the termination date, as needed, under the same terms and
conditions set forth in this Agreement. Any such
extension shall be in writing and be an amendment to this
Agreement.
4 .05 REMOVAL OF ALTERATIONS: City, by giving written
notice to contractor within fourteen (14) days before the
expiration or termination of the agreement, may elect to
require Contractor, at its sole cost and expense, to
remove the alterations specified by City in its notice,
and shall make such repairs necessitated by the removal
of said alterations, and any damage resulting therefrom,
as may be necessary to restore the subject premises to
good condition and repair, excepting only reasonable wear
and tear, before the last day of the lease term or within
fourteen (14) days of the City' s notice. This stipulation
000019
will not affect any improvements agreed to by the
Director of Public Works, as described in Section 1. 07 of
this agreement.
5. 00 MISCELLANEOUS
5. 01 REMEDIES: The remedies set forth in this agreement
shall not be exclusive but shall be cumulative with, and
in addition to, all remedies now or hereafter allowed by
law or equity.
5. 02 NO WAIVER: The waiver of any breach by any party of
any provision of this agreement shall not constitute a
continuing waiver of any subsequent breachof this
agreement.
5. 03 ASSIGNMENT: This agreement is specifically not
assignable by Contractor to any person or entity. Any
assignment or attempt to assign by Contractor, whether it
be voluntary or involuntary, by operation of law or
otherwise, is void and is a material breach of this
agreement giving rise to a right to terminate as set
forth in Section 4. 03 .
5. 04 ATTORNEY FEES: In the event of any controversy,
claim or dispute between the parties hereto, arising out
of or relating to this agreement, or the breach thereof,
the prevailing party shall be entitled, in addition to
other such relief as may be granted, to a reasonable sum
as and for attorney fees.
5. 05 TIME FOR PERFORMANCE: Except as otherwiseexpressly
provided for in this agreement, should the performance of
any act required by this agreement to be performed by
either party be prevented or delayed by reason by any act
of God, strike, lockout, labor trouble, inability to
secure materials, or any other cause except financial
inability not the fault of the party required to perform
the act, the time for performance of the act will be
extended for a period of time equivalent to the period of
delay and performance of the act during the 'period of
delay will be excused; provided, however, that nothing
contained in this Section shall exclude the prompt
payment by either party as required by this agreement or
the performance of any act rendered difficult or
impossible solely because of the financial condition of
the party required to perform the act.
5. 06 NOTICES: Except as otherwise expressly provided by
law, any and all notices or other communications required
or permitted by this agreement or by law to be served on
or given to any party to this agreement shall be in
• writing and shall be deemed duly served and given when
personally delivered or in lieu of such personal service
000020
when deposited in the United States mail, first-class
postage prepaid to the following address for each
respective party:
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue
Department of Atascadero, CA. 93422
Public Works Attention: Chief of Wastewater
Operations
(805) 461-7607
B. NORTH COUNTY SEPTIC SERVICE P.O. Box 2282
Paso Robles, CA. 93447
Attention: Winston Bullard
(805) 239-3838
5. 07 GOVERNING LAW: This agreement and all matters
relating to this agreement shall be governed by the laws
of the State of California in force at the time any need
for the interpretation of this agreement or any decision
or holding concerning this agreement arises.
5. 08 BINDING EFFECT: This agreement shall be binding on
and shall inure to the benefit of the heirs, executors,
administrators, successors and assigns of the parties
hereto, but nothing in this Section shall be construed as i
a consent by City to any assignment of this agreement or
any interest in this agreement.
5. 09 SEVERABILITY: Should any provision of this agreement
be held by a court of competent jurisdiction or by a
legislative or rule making act to be either invalid, void
or unenforceable, the remaining provisions of this
agreement shall remain in full force and effect,
unimpaired by the holding, legislation or rule.
5. 10 SOLE AND ENTIRE AGREEMENT: This Agreement
constitutes the sole and entire agreement between the
parties with respect to the subject matter hereof. This
agreement correctly sets forth the obligations of the
parties hereto to each other as of the date of this
agreement. All agreements or representations respecting
the subject matter of this agreement not expressly set
forth or referred to in this agreement are null and void.
5. 11 TIME: Time is expressly declared to be of the
essence of this agreement.
5. 12 DUE AUTHORITY: The parties hereby represent that the
individuals executing this agreement are expressly
authorized to do so on and in behalf of the parties.
000021
5. 13 CONSTRUCTION: The parties agree that each has had an
opportunity to have their counsel review this agreement
and that any rule to the effect that ambiguities are to
be resolved against the drafting shall not apply in the
interpretation of this agreement or any amendments or
exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to
be construed to define or limit the provisions to which
they relate.
5. 14 AMENDMENTS: Amendments to this agreement shall be
made only with the mutual written consent of all of the
parties to this agreement.
Executed on 1995, at Atascadero, California.
Attest: City of 'Atascadero
By:
LEE PRICE GEORGE P. HIGHLAND
City Clerk Mayor
Approved as to form:
By:
ARTHER R. MONTANDON WENSTON BULLARD
City Attorney Owner: North County
Septic Service
000022
EXHIBIT A
PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR
Contractor shall provide professional services to the City and
shall utilize said premises for the following purposes:
A. Premises shall be used for the purpose of collecting,
storing and dewatering domestic septage.
B. Furnish and install and maintain at his own expense, all
necessary equipment and proper facilities required for
proper service to local septage haulers.
C. Storage and service thereof shall be in an area approved
by the Director of Public Works (or designee) .
E. Operate the facility in a business-like manner to the
satisfaction of the Department of Public Works, and
maintain said areas in conformance with the highest
standards of health and safety for patrons, surrounding
residences and city employees.
F. All services provided on premises shall be approved by
the Department of Public Works.
G. All services provided on premises shall be rendered in
conformance to all standards set forth by applicable
governmental regulatory agencies.
H. Concession shall not cause nuisance complaints, shall not
cause the City to violate discharge requirements or
disrupt normal treatment facility operations.
I. Discharged process water must meet all requirements of
Section 7-9 of the City Municipal Code.
J. Raw septage may be stored in two 20,000 gallon watertight
tanks for accumulation of septage between dewatering
operations.
K. Dewatering equipment will be delivered to the premises
and dewatering accomplished approximately once per week.
L. Immediately following dewatering, Septage Solids shall be
promptly removed from the premises and shall be disposed
of in conformance to all applicable regulatory standards.
M. Contractor agrees to collect discharge water samples and
have analyzed by a State Certified Laboratory, at
contractors expense, any/all sampling deemed necessary by
the Director of Public Works (or designee) .
000023
ATTACHMENT "Cfl TEL No .:805781 .035 Mag 31,95 16:57 No .011 P-01
AIR POLWTION
CONTROL DISTRICT
MUNTY OF SAN LUG OBISPO
May 31, 1995
17ko ds Ryan
Xw Eaterpisw
1953 CadW Avenue,Suite C
McKixtlgy Acl CA 95521
FAX(707)8394012
Dear Mr.Ityan:
I havo nwiewed the pwposcd opom lan of Ndrth Cmmty Septic and DcwdAft at ft
Atam dero sewage tree moat plant. hosed on t*i omutba that we receivc d and duo to tho
request for prompt actlaq the Air Pollution C 6A Dbtrlct would be prepared to tasue a Start
Up Authorh atio n on the fint day of equipwat glom An Air Pollution Camtrrrl Dietdot
Permit to operate may be required;we wM make a V&final d atiorx latex after evaluating
addidal infoonmian. Ifit is determincd that a Pan*to required„ttxe anoW oprrating ft
would be$340,and a cine-time Gaily evaluation and pmmit issmove fee of epproximat*5400
would be oharged. An appliaaticin for err Anthorny to QmtrVct and Permit to operate to
ondosrA. Ifyou have any quwdons,feel to to cell me at(805)781.5912,
Sinwroly,
OQ& O . �..
i�eau Carlsam
Air Pollution Control Engwneer
cc: MaikMarkworC Cky Of Mw4doo by FAX 461-7615
North County Septh and mwa efiiing
t!'1�IOII9EF.R�Ur{AN1WlSiV.[i'k�81RRi1.1]�iC
2158 Slurs Way,Stills B•Son Lull Obispo,CA 83401 to 806-781-504 • FAX;005-781.1035
+�pTnkd an+�Crclo��pa►
000024
Ohio 0'?--1`-+'3`�' 15:20 FROM ?-IORTH z=FIAST EtAG.INC TO 4610606 P.02
REPORT TO CITY COUNCIL Meeting Date: 08/08195
CITY OF ATASCADI RO Agenda Item:
Through: Andrew J Takata, City Manager
From: WSteven J Sylvester, City Engineer
§UB.IECT•
California Department of Transportation Cooperative Agreement for aintenance of
Signal Preemption Equipment.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution 80-95 authorizing the City
Manager to execute a CalTrans Cooperative Agreement (Attachment A) on behalf of
the City.
DIS►CU5sI0N:
CalTrans permits the installation of City owned Signal Preemption E uipment with their
traffic signal equipment, but does not allow the City access to the CalTrans signal
controller hones to maintain the equipment. CalTrans maintains the City equipment
under a Cooperative Agreement, with a separate Cooperative Agreement required for
each intersection. City owned equipment is presently maintained by CalTrans under
two Cooperative Agreements one at EI Camino Real and Marro Rood (Highway 49)
and the other at El Camino Real and West Mall.
New CalTrans traffic signals were installed at Del Rio Road and Hig way 101 as part of
the Camino Real Assessment District improvements. City owned Tr affic Preemption
Equipment was included in the installation. The subject Cooperative Agreement
(Attachment A) is required to provide maintenance for this new equipment.
FISCAL IMPACT:
CalTrans will provide maintenance for the equipment at Del Rio Road and will charge
the City under the same Fee Schedule as the two existing Agreemerits. There are no
charges made until maintenance is requested. The agreement also requires that the
City provide CalTrans with a Detector module and a discriminator module to be held
until used for necessary maintenance. The cost of the two modules is approximately
$2,680- The maintenance charges and the cost of the modules will be paid from Street
Maintainence funds.
ATTACHMENTS:
Attachment A- Cooperative Agreement
Attachment 13- Resolution No. 80-95
000025
RESOLUTION NO. 80-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE ON
EXECUTION OF A COOPERATIVE AGREEMENT WITH
THE CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION
FOR
MAINTENANCE OF SIGNAL PREEMPTION EQUIPMENT AT
DEL RIO ROAD AND HIGHWAY 101
The City Council of the City of Atascadero, California hereby resolves as
follows:
1 . The Mayor is hereby authorized to execute an agreement with the
California State Department of Transportation for maintenance of signal
preemption equipment at Del Rio Road and Highway 101 .
2. The City Manager is hereby authorized to make minor corrections or
modifications of a mathematical or clerical nature.
3. The Finance Director is hereby authorized to appropriate funds, if
necessary; release and expend funds; and issue warrants to comply with
the terms of this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Atascadero held on the 8th day of August, 1995.
ATTEST: CITY OF ATASCADERO
By:
LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
000026
i
05-SLO-101-48 . 3
05-280-936081
Signal Preemption
District Agreement #05-CA-031
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation,
referred to herein as "STATE" and
CITY OF ATASCADERO
a body politic and a municipal
corporation of the State of
California, referred to herein
as "CITY"
RECITALS
(1) STATE and CITY, pursuant to Streets and Highways Code Section 130,
are authorized to enter into a Cooperative Agreement for 'improvements to and
maintenance of State highways within CITY.
(2) Highway improvements were made, via an Encroachment Permit,
consisting of the installation of emergency fire preemption equipment at the
ontersection of Route 101 ramps at Del Rio Road (PM 48 . 3) in the City of
tascadero, in the County of San Luis Obispo, referred to herein as
"PROJECT" .
(3) STATE and CITY desire to specify herein the terms and conditions
under which PROJECT is to be maintained.
SECTION I
CITY AGREES:
(1) To provide STATE with the following spare parts at the Caltrans
San Luis Obispo Maintenance Station: One (1) Optical Detector and one (1)
Discriminator Module. CITY shall replace spare parts upon notification by
STATE of the need for replacement.
(2) To reimburse STATE for 100% of the cost of maintenance and
operation of said preemption equipment.
SECTION II
STATE AGREES:
(1) To maintain and operate the signal preemption equipment as
nstalled, at CITY expense. Said maintenance shall include preemption
operational timing.
Page 1 of 3
00002'7
r
District Agreement #05-CA-031
SECTION III
IT IS MUTUALLY AGREED:
(1) All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and the
allocation of resources by the California Transportation Commission.
(2) The cost of any maintenance referred to herein shall include all
direct and indirect costs (functional and administrative overhead assessment)
attributable to such work, applied in accordance with STATE ' s standard
accounting procedures .
(3) Either party may terminate this Agreement upon thirty (30) days
written notice to the other. CITY shall pay all costs incurred by STATE
which are reimbursable under this Agreement up to and including the date of
termination.
(4) Neither STATE nor any officer or employee thereof is responsible
for any damage or liability occurring by reason of anything done or omitted
to be done by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this Agreement . It is understood and
agreed that, pursuant to Government Code Section 895 .4, CITY shall fully
defend, indemnify and save harmless the State of California, all officers and
employees from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined in Government
Code Section 810 . 8 occurring by reason of anything done or omitted to be done
by CITY under or in connection with any work, authority or jurisdiction*
delegated to CITY under this Agreement.
(5) Neither CITY nor any officer or employee thereof is responsible for
any damage or liability occurring by reason of anything done or omitted to
be done by STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement . It is understood and
agreed that, pursuant to Government Code Section 895 .4 STATE shall fully
indemnify and save harmless CITY from all claims, suits or actions of every
name, kind and description brought for or on account of injury (as defined
in Government Code Section 810 . 8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work, authority
or jurisdiction delegated to STATE under this Agreement .
Page 2 of 3
000028
a
District Agreement ##05-CA-031
(6) This Agreement shall remain in effect until terminated or modified,
in writing, by mutual agreement.
•
STATE OF CALIFORNIA CITY OF ATASCADERO
Department of Transportation 6500 Palma Ave
Atascadero CA 93422
JAMES W. VAN LOBEN SELS
Director of Transportation
By
Mayor
Date.
By
Kenneth G. Nelson
District Director ATTEST:
By
Date : City Clerk
Date .
Approved as to Form & Procedure
Approved as to Content
By
• Attorney, Department of By
Transportation Public Works Director
Date: Date:
Certified as to Funds & Approved as to Form
Procedure
By '� - A
CiXy Attor y
By
Accounting Administrator
Date:
Date:
Certified as to funds
By
Kathleen M. Copeland
Budget Manager
Date :
Page 3 of 3 000029
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: _
Through: Andy Takata, Meeting Date: ugust 8, 1995
City Manager
From: Steven L. DeCamp, City Planner Fie: GPA 94006
SUBJECT:
Consideration of the Economic Development Element of the General
Plan.
RECOMMENDATION
Resolution No. 15-95 - Approve attached Resolution 'mending the
General Plan by adoption of an Economic Development Element.
BACKGROUND:
The Planning Commission has held a series of hearin s on the
draft Economic Development Element of the City's General Plan.
This series of hearings has resulted in the version of the
Element attached to this report as contained in Resolution 15-95.
•
Attachments: Resolution 15-95
I
I
1
l
I
r
1
000030
RZSOLUTION NO. 15-95
A AZSOLUTION OF TH$ COUNCIL OF THE CITY OF ATASCADERO
APPROVING AN AKKNDDZNT OF THE GENERAL PLAN
BY ADOPTION OF AN $CONOMIC DEVELOPMENT ELEMENT
(GPA 94-006; City of Atascadero)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the City' s General Plan which was adopted to guide
the City' s general growth would benefit from the addition of an
Economic Development Element; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearings on the subject amendment which began
on February 21, 1995 and concluded on June 20, 1995; and
WHEREAS, Government Code Section 65356 provides that a
General Plan be amended by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as
follows :
1 . The proposed General Plan Economic Development Element
recommended by the Planning Commission is consistent
with the goals and policies of the General Plan.
2 . The adoption of the proposed General Plan Economic
Development Element will not have a significant adverse
affect on the environment . The Negative Declaration
prepared for the project is adequate.
THEREFORE, the Council of the City of Atascadero does
resolve to approve General Plan Amendment 94-006 as follows:
1 . Amendment to the General Plan text by adoption of an
Economic Development Element as shown in the attached
Exhibit A.
0001031.
0
Msolution No. 15-95
lap 2
•
On motion by and seconded by
the foregoing resolution is hereby
adopted in its entirety by the following roll call 'vote:
AYES :
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
By: GEORGE P. HIGHLAND,Mayor
ATTEST:
LEE PRICE City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DeCAMP, City Planner
00.0032
EXHIBIT A
. i
CITY OF ATASCADERO 0
UENERAL PLAN
� il.!, Til i Ii�Illl:, I�I' i III ul , 'I�I�I `'
�Y �
DRAFT
ECOISOMIC DEVELOPMENT ELEMENT
JUNE 20, 1995
000033
l
CITY OF ATASCADERO
GENERAL PLAN
ECONOMIC DEVELOPMENT
ELEMENT
DRAFT
RECOMMENDED BY
PLANNING COMMISSION
NNE 20, 1995
000034
ECONOMIC DEVELOPMENT ELEMENT
TABLE OF CONTENTS PAGE
A. BASIC COMMUNITY GOALS X-1
B. MUNICIPAL POLICIES TO PROMOTE AND
SUSTAIN ECONOMIC DEVELOPMENT GOALS X-2
C. PROMOTION OF SPECIFIC ECONOMIC
DEVELOPMENT PROJECTS X-4
D. OVERALL SUPPORT FOR RETAIL AND
SERVICE COMMERCIAL BUSINESSES X-4
E. DOWNTOWN CORE AREA X-5
F. SUPPORT THE DEVELOPMENT OF INDUSTRIAL LAND
AND PROFESSIONAL PARKS X-7
TECHNICAL APPENDICES
BUSINESS CLIMATE ASSESSMENT
MARKET ANALYSIS OF RETAIL, TOURISM, AND
INDUSTRIAL BUSINESS OPPORTUNITIES
PROMOTION OF ENTREPRENEURSHIP, BUSINESS
DEVELOPMENT, AND JOB GROWTH
000035
i
X. ECONOMIC DEVEWPMENT ELEMENT
During most of the twentieth century communities and their
political leadership have taken a laissez-faire attitude toward
business development within their communities . The attitude has
been that cities would provide basic public services and that
businesses would operate independently within the framework of
these services to provide necessary goods and services to local
residents . While this basic policy paradigm has worked well
during most of the century, changes in the national and
international economy have made it necessary for communities to
develop a more pro-active attitude in support of existing
businesses, entrepreneurs and local industry.
The development in this century of modern transportation and
communication technologies have changed the way goads and
services are manufactured, distributed and purchased. The
continued rapid development of these technologies and increasing
competition between communities regionally, nationally and even
internationally no longer guarantees that individual communities
can maintain their economic position without significant effort
and attention to the business community. In large 'part, because
of state-wide tax policies, communities that lose their economic
base as a result of the competition for retail sales, commercial
services and industry, will be penalized. The penalty will be
shortage of revenue for necessary public services, the
possibility of high local unemployment, vacancies in commercial
and industrial buildings, and a general reduction in the quality
of life .
A. BASIC COMMUNITY GOALS
The City of Atascadero shall act to promote the economic health
and vitality of its businesses to insure the creation of jobs,
the promotion of entrepreneurial efforts, and to generate
adequate tax revenue for public services . Toward this end the
following goals, though not prioritized, are basic to the
maintenance of the overall quality of the local economy:
1 . Protection and promotion of the overall commercial service
and retail business sectors of the local economy to promote
local patronage, strong performance in satisfying local
demand for goods and services, and the creation of entry
level jobs .
2 . Promotion of the downtown core area to preserve its historic
function as the City' s commercial center, to improve the
community' s entertainment and recreation attractions, and to
X-1
000036
promote tourism and the traveler industry as a growth
industry in the community.
3 . Recruitment of new commercial services and business
enterprises which will broaden the City' s economic base,
improve the local availability of goods and services, and
improve and promote the economic viability of existing
businesses .
4 . Support for the development of industrial areas that lead to
the recruitment or development of high technology, emerging
technology, and professional service businesses that will
provide the community with a base of moderate and high
salary career-oriented jobs .
5 . To provide the resources from business activity and
increasing tax revenues to support the community' s high
level of environmental, social, and educational quality, and
to maintain and improve the City' s infrastructure.
B. MUNICIPAL POLICIES TO PROMOTE AND SUSTAIN ECONOMIC
DEVELOPMENT GOALS
Changes in national and international economy have made it
necessary for communities to develop a more pro-active -attitude
in support of existing businesses, entrepreneurs, and local
industry. The following policies are hereby adopted by the City
Council of the City of Atascadero as part of the General Plan to
improve the local economy:
1 . DEVELOPMENT OF A LOCAL ECONOMIC DEVELOPMENT COMMISSION
(a) Duties
The Economic Development Commission will be organized,
directed, and responsible to the City Council . The
Commission will replace the current Economic Round Table.
The commissioners will meet monthly to discuss progress in
meeting economic development goals, to formulate economic
development strategies, and to direct staff activities . The
Commission be responsible for periodic reports to the City
Council summarizing the state of the local economy.
(b) Staff
The Commission should be staffed by an economic development
professional or executive director.
2 . DEVELOPMENT OF A PRO-BUSINESS COMMUNITY IMAGE
The business license office is the one arm of the City that
has annual interaction with all businesses in the community
X-2
00003'7
I
and especially with new businesses . The office should be
oriented for the following services:
(a) providing information to businesses (especially new
businesses or start-ups) on local resources businesses
can access to support their success;
(b) maintaining data on businesses that is useful for
economic development purposes; and
(c) interacting with businesses in a positive, customer
oriented manner.
3 . DEVELOPMENT OF A CUSTOMER ORIENTED ATTITUDE BY ALL
DEPARTMENTS OF THE CITY
In differing degrees, the staff in other departments of the
city interact with businesses and community residents . Staff
in every department should emphasize a customer oriented
attitude. A priority should be placed on assisting
businesses and business development as problem solvers,
rather than regulators .
4 . IMPLEMENTATION OF A REDEVELOPMENT AGENCY
A redevelopment agency is a powerful economic development
tool that the City shall use. Areas such as the downtown
and industrial areas will need long-term community support
to become economically successful . The City shall use the
redevelopment mechanism to promote its economic success and
obtain funding for economic development programs .
5 . SUPPORT AND PROMOTION OF THE CITY' S INDUSTRIAL AREAS
Development of the City' s industrial areas will benefit from
active promotion. Industries to be attracted should include
those that will improve the City' s economic base and support
and/or augment existing businesses . Promotion of industrial
areas can be accomplished by the Economic Development
Commission. A Redevelopment Agency can acquire and assemble
land, and provide beneficial infrastructure improvements to
enhance the marketability of the land.
6 . SUPPORT AND PARTNERSHIP WITH OTHER CITY ECONOMIC AND
BUSINESS ORGANIZATIONS
The City' s economic development program will be most
successful when it operates as a team effort and is
inclusive of City staff, the Chamber of Commerce, the
Business Improvement Association (BIA) and other
organizations interested in assisting the community' s
businesses . The Economic Development Commission should also
• X-3
000038
form close ties with county-wide organizations such as the
Private Industry Council, the San Luis Obispo Visitor and
Conference Bureau and the County' s Economic Vitality
Corporation.
C. PROMOTION OF SPECIFIC ECONOMIC DEVELOPMENT PROJECTS
The City of Atascadero will promote specific economic development
projects that should have immediate benefit to the City such as
sales tax generators. These projects should have high economic
development priority and support . The City may take the
following actions to promote the development of these projects .
1 . SITE SELECTION
The City shall identify sites for those projects that the
community feels are best suited for development.
Within the context of available resources and in partnership
with owners, qualified developers and builders, the City
shall support the preparation of proposed sites for
immediate development for the purposes specified by
providing as much assistance as fiscally prudent for
preparing environmental studies, and constructing needed
infrastructure improvements .
2 . RECRUITMENT
The City' s Economic Development Commission and staff shall i
formulate targeted recruitment strategies for those projects
using the marketing information in the technical reports
attached to this Element as well as other directories and
resources . The recruitment strategy should include
financing assistance.
D. OVERALL SUPPORT FOR RETAIL AND SERVICE COMMERCIAL BUSINESSES
The City shall participate in programs to promote the overall
health and performance of the retail and service business sectors
of the local economy.
1 . RECRUITMENT
The Economic Development Commission shall prepare a
marketing and recruitment plan that targets businesses that
offer goods where demand is not satisfied locally. In
addition, the Commission shall recruit those businesses
whose goods and services satisfy a regional market as a
means of bolstering the local economy and improving shopping
opportunities .
X-4
000039
(a) Chain Store Retailers
The recruitment effort should make use of retail chain store
directories to target those chain stores that ;fit best with
available site locations and market demand for specific
goods.
(b) Independent Retailers
This recruitment effort should target successful regional
independent retailers that might be interested in locating a
second or additional store in Atascadero. Independent
retailers will often need financial incentives to relocate.
The recruitment effort may be able to assist in obtaining or
provide information on grants, low interest loans, rental
write-downs, or other incentives to targeted businesses .
The business recruitment effort may benefit from a
partnership or cooperative effort with private business
incubators in recruiting and locating new business
enterprises .
2 . PREPARE A RETAIL, SERVICE COMMERCIAL, AND OFFICE SPACE
INVENTORY OF ATASCADERO
This inventory would be a valuable planning tool for the
Economic Development Commission, Redevelopment Agency, and
other City departments . Such an inventory can also be made
available for distribution as part of a marketing or
promotion program. This inventory shall be maintained and
updated as necessary to retain its utility as 'a planning
tool .
3 . ENCOURAGE IN-FILL DEVELOPMENT OF RETAIL INVENTORY
Within the boundaries of approved commercial zones, the City
should encourage in-fill, redevelopment, recruitment of new
stores to fill vacancies, and the formation of clusters of
synergistic stores.
4 . SUPPORT THE LOCAL PURCHASE OF GOODS AND SERVIQES BY THE CITY
The City shall establish a policy and procedures for giving
preference to local suppliers of those goods and services
required for the operation of the City. To facilitate this
policy direction, the City shall maintain a list of local
providers of goods and services, and shall actively recruit
additions to the list .
E. DOWNTOWN CORE AREA
The revitalization of the downtown core area is vital to
X-5
000040
development of a healthy tourism industry in the community and is
a way of preserving the historic social, cultural, and commercial
core of the City. Economic development and redevelopment
projects within the downtown core area shall be undertaken in
conformance with the policies contained in the Downtown Element
of the City' s General Plan.
1 . RE-AFFIRM A VISION STATEMENT FOR THE DOWNTOWN CORE AREA
Invite the BIA, downtown businesses, property owners, and
the Chamber of Commerce to assist in affirming a vision
statement for the downtown core that emphasizes the
development of business, specialty retail, restaurants, and
tourist attractions as part of any overall plan to recreate
the downtown as an entertainment center.
2 . DEVELOP TOURIST ATTRACTIONS IN OR NEAR THE DOWNTOWN CORE
AREA
Develop a plan to finance and operate the Atascadero
Recreation Center and Stadium Park Amphitheater projects to
utilize these facilities as tourist attraction. Consider
leasing both facilities to for-profit business operators .
3 . SUPPORT REDEVELOPMENT OF THE DOWNTOWN CORE
Continue to provide support for the redevelopment, where
practicable, of buildings of historic significance within
the downtown core for use as restaurants, specialty retail
stores, art galleries, second floor residential occupancies,
and other appropriate mix of uses .
4 . SUPPORT CIRCULATION IMPROVEMENTS IN AND AROUND THE DOWNTOWN
The City shall continue to support those transportation and
circulation improvements, such as the Lewis Avenue Bridge
and the Highway 41 extension and ramp improvements, to
assure the continued viability of downtown core businesses
and tourism attractions .
5. REDEVELOP THE JUNIOR HIGH SCHOOL SITE
In conformance with the Downtown Element of the General
Plan, the City, the Redevelopment Agency, and the Atascadero
Unified School District shall explore alternative land uses
for the property currently occupied by the Junior High
School . Uses compatible with the downtown core might
include retail, services, offices, institutional, open
space, and residential, or some mix of such suitable uses .
X-6
000041
6 . CREATE A REVOLVING LOAN FUND TO ASSIST BUSINES'S DEVELOPMENT
IN THE CORE AREA.
Use a revolving loan fund (possibly capitalized with
Community Development Block Grant funds) to provide
low-interest loans and first year rental discounts as
incentives for targeted retail or service businesses .
F. SUPPORT THE DEVELOPMENT OF INDUSTRIAL LAND AND PROFESSIONAL
PARKS
The City shall actively support the development of all of the
industrially-zoned land in the City, including support for
modern business/professional parks with emphasis on the
recruitment of high technology businesses. Efforts should be
made to act in partnership with California Polytechnic State
University research, and similar training programs, including
business incubators, to promote the development of commercial
applications of basic research as businesses in these parks .
Development of other industrial land for light manufacturing and
other appropriate uses shall be supported.
1 . REMOVE RETAIL USES AS ALLOWABLE USES IN THE
INDUSTRIAL PARK ZONE
Allowing retail sales as a principal use in industrial zones
decreases the already limited amount of space available for
. base or industrial uses . The Zoning Ordinance shall be
amended to provide for permitted uses which are consistent
with the purpose of these zones as defined in the Land Use
Element . Retail sales which are incidental or subordinate
to industrial or manufacturing uses may, however, be
allowed.
2 . TAKE STEPS TO PREPARE THE AREA FOR EXPEDITED DEVELOPMENT
(a) Site Plan
Work in partnership with developers to create a conceptual
site plan for the industrial/professional parks.
(b) Utilities and Environmental Studies
Construct necessary sewer lines to serve the areas and
prepare the necessary environmental studies to address
significant environmental impacts, so that individual
projects can receive quick approval under a negative
declaration, or tiered Environmental Impact Report (EIR) ,
determination.
. X-7
000042
(c) Negotiate Purchase Agreement Options .
Negotiate an option price with the respective owners of the
properties in the area zoned for industrial/professional
park development .
4 . DEVELOP AN AGGRESSIVE RECRUITMENT PLAN
Prepare an aggressive recruitment plan for targeting
industries listed in the market analysis . The marketing
plan should emphasize rapid land use and building permit
processing and specific quality of life aspects of the
Atascadero area that will attract individual corporate
managers and Chief Executive Officers .
5 . SUPPORT DEVELOPMENT OF INCUBATOR FACILITIES
Support the creation of incubator facilities within the
industrially-zoned lands and/or professional parks . These
projects might be joint efforts with developers to promote
university research-oriented commercial business
applications .
X-8 •
000043
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item;
Through: Andy Takata, Meeting Date: ugust 8, 1995
City Manager
From: ,Doug Davidson, Senior Planner File: ZC 95004
SUBJECT:
Consideration of a request to amend the text of the Zoning
Ordinance to allow "offices" as an allowable use in the
Pedestrian Retail Overlay Zone of the downtown.
RECOMMENDATION:
i
Ordinance No. 289 - Read by title only and approve cn first
reading amending the text of the Zoning Ordinance r lating to the
downtown Pedestrian Retail Overlay zone.
BACKGROUND:
On July 5, 1995, the Planning Commission held a pub is hearing
and subsequently recommended approval of Zone Text hange 95004
on a 7:0 vote.
Attachments: Planning Commission staff report
(includes Ordinance No. 289)
000044
CITY OF ATASCADERO Item: B• 3
STAFF REPORT
FOR: Planning Commission Meeting Date: July 5, 1995
BY: Doug Davidson, Senior Planner File No: ZC 95004
SUBJECT:
Consideration of an request to amend the text of the Zoning
Ordinance to designate "offices" as an allowable use in the
Pedestrian Retail Overlay Zone of the downtown.
RECOMMENDATION:
Staff recommends that the Planning Commission forward Zone Change
95004 for approval to the City Council subject to the Findings
contained in Draft Ordinance 289 in Attachment D.
SITUATION AND FACTS:
1. Applicant. . . . . . . . . . .. . . . . . . . . . . . . . . . . .City of Atascadero
2. Environmental Status. . . . . . . . . . . . . . . . .Negative Declaration
posted June 13, 1995
BACKGROUND: .
On March 28, 1995, the City Council initiated a zone text change
on behalf of the Economic Round Table to allow "offices" as
primary permitted use in the Pedestrian Retail Overlay zone in
the downtown. The Economic Round Table request was made after a
presentation by Dwight and Shaku Huffman on their efforts to
obtain a business license at 5493 Traffic Way. The Huffmans had
to include a retail component in their business in order to
acquire a timely business license. This zone of the downtown is
slated primarily for small scale retail - "offices" currently
require a Conditional Use Permit.
ANALYSIS:
The Pedestrian Commercial zone is "the primary pedestrian-
oriented retail, office, and service commercial district in the
downtown area (Page 22 Downtown Master Plan) . The Pedestrian
Retail Overlay zone, a section of the underlying Pedestrian
Commercial zone, contains the "greatest potential for
reinforcement as the primary retail area and intensification of
retail uses is important" (Page 27 Downtown Master Plan) .
1
000045
I
• Allowing "offices" as a primary use in this zone doesn't exactly
further this premise, however, given the number of vacancies and
the lack of pedestrian retail activity at this time, it seems
proper. Offices, either on the first or second floor, do not
expressly conflict with the policies of the Downtown Plan and
will become another valid land use to generate new business in
the Downtown. This is particularly true in the case of the
Innovation Development Center, the business incubator concept of
the Huffmans. This is a unique and appropriate land use in the
downtown - one which combines retail, training, service, and
office.
ATTACHMENTS:
Attachment A - Location - Downtown Pedestrian Retail
Overlay zone
Attachment B - List of Uses - Downtown Pedestrian
Retail Overlay zone
Attachment C - Negative Declaration
Attachment D - Draft Ordinance 289
2
000046
ATTACHMENT A
CITY OF ATASCADERO
LOCATION MAP
49i
COMMUNITY DEVELOPMENT ZONE CHANGE 95004
DEPARTMENT
lAyf
( FH
® � 1
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-•� �� 1111 1
s +_�
1
000047
ATTACHMENT B
CITY OF ATASCADERO
R 1p
LIST OF USES
COMMUNITY DEVELOPMENT
�o DEPARTMENT ZONE CHANGE 95004
ADOPTED JUNE 27, 1983
PR (Pedestrian Retail) Overlay Zone
9-3.501. Purpose: The Pedestrian Retail Overlay Zone identifies
that area within the Downtown General Plan designation that has the
greatest potential for reinforcement as the City's primary retail
shopping area. For these reasons, ground floor uses within the PR
Overlay Zone will be limited to encourage supportive retail and
pedestrian oriented service uses.
9-3.502. Allowable Uses: The following uses shall be allowed in
the Pedestrian Retail Overlay Zone. The establishment of allowed
uses shall be as provided by Section 9-2.107 (Plot flans) and
Section 9-2.108 (Precise Plans) :
(a) Furniture, home furnishings and equipment
(b) General merchandise stores
(c) Personal services
(d) Utility offices
(e) Hardware
(f) Eating and drinking places (exclusive of drive through
facilities)
(g) Residences (second floor only)
9-3.503. Conditional Uses: The following uses may be allowed in
the Pedestrian Commercial Zone. The establishment of conditional
uses shall be as provided by Section 9-2.109 (Conditional Use
Permits) :
(a) Amusement services
(b) Public assembly and entertainment
(c) Libraries and museums
(d) Retirement hotel (second floor use only)
(e) Offices
(f) Temporary events
9-3.504. Development Standards: Setbacks, minimum lot size,
parking requirements, and sign regulations shall be the same as for
the Pedestrian Commercial zone.
3-57
000048
CITY OF ATASCADERO EXHIBIT A
R P QA
�4 "' COMMUNITY DEVELOPMENT ORDINANCE t a g
DEPARTMENT
ADOPTED JUNE 27, 1983
PR (Pedestrian Retail) Overlay Zone
9-3.501. Purpose: The Pedestrian Retail Overlay Zone identifies
that area within the Downtown General Plan designation that has the
greatest potential for reinforcement as the City's primary retail
shopping area. For these reasons, ground floor uses within the PR
Overlay Zone will be limited to encourage supportive retail and
pedestrian oriented service uses.
9-3.502. Allowable Uses: The following uses shall be allowed in
the Pedestrian Retail Overlay Zone. The establishment of allowed
uses shall be as provided by Section 9-2.107 (Plot Plans) and
Section 9-2.108 (Precise Plans) :
(a) Furniture, home furnishings and equipment
(b) General merchandise stores
(c) Personal services
(d) Utility offices
(e) Hardware
(f) Eating and drinking places (exclusive of drive through
facilities)
(g) Residences (second floor only)
9-3.503. Conditional Uses: The following uses may be allowed in
the Pedestrian Commercial Zone. The establishment of conditional
uses shall be as provided by The
9-2.109 (Conditional Use
Permits) :
(a) Amusement services
(b) Public assembly and entertainment
(c) Libraries and museums
(d) Retirement hotel (second floor use only)
(e) Offices'
(f) Temporary events
9-3.504. Development Standards: Setbacks, minimum lot size,
parking requirements, and sign regulations shall be the same as for
the Pedestrian Commercial zone.
3-57
000049
ATTACHMENT C
ZONE CHANGE 95004
CITY OF ATASCADERO
uw ts�
ENVIRONMENTAL COORDINATOR
NEGATIVE DECLARATION
COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO. CA 93422 (805) 461-5035
APPLICANT: CITY OF AT A S C A D E R O
PROJECT TITLE: ZONE CHANGE 95004
PROJECT LOCATION: DOWNTOWN PEDESTRIAN RETAIL OVERLAY ZONE.
PROJECT DESCRIPTION:
AMENDMENT OF THE ZONING ORDINANCE TEXT TO DESIGNATE "OFFICES" AS AN
ALLOWABLE USE IN THE DOWNTOWN PEDESTRIAN RETAIL OVERLAY ZONE.
FINDINGS:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited,but comulatively considerable.
4. The project will not cause substantial adverse effects on human being$either directly or indirectly.
DETERNIINATION:
Based on the above findings, and the information contained in the initial study(made a part hereof by refer-
ence and on file in the Community Development Department), it has been determined that the above project
will not have an adverse impact on the environment.
Henry Engen
Community Development Director
Date Posted: --�u N E i3 1) l99S
Date Adopted: ,7u L y 2 S, i`I S
CDD 11-88
000050
i
ATTACHMENT D
ZONE CHANGE 95004
ORDINANCE NO. 289 ,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO DESIGNATE
"OFFICES" AS AN ALLOWABLE USE IN THE DOWNTOWN PEDESTRIAN RETAIL
OVERLAY ZONE
(Zone Change 95004)
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 the Economic Round Table 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 July 5, 1995 and has recommended that the proposed
amendment 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 9-3.502. is hereby amended by the
addition of allowed land use (h) "Offices" as shown in Exhibit A
attached hereto and made a part hereof by reference. (Note: In
conjunction with this, Section 9-3.503 (e) is hereby deleted. )
000051
• Ordinance No. 289
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:
GEORGE P. HIGHLAND, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO CONTENT:
ANDY TAKATA, City Manager
000052
ATTACHMENT D (CONT.
Ordinance No. 289
Page 3
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DeCAMP, City Planner
000053
0*N APq ScgO QE CT1'a 11�
e o D wn o
A BUSINESS IMPROVEMENT ASSOCIATION
® P. O. BOX 1607 j • ATASCADERO, CALIFORNIA 93
RECEIVED
j
June 9,1995 M_�
Mr.Andy Takata
City Manager
City of Atascadero
Dear Mr. Takata:
As we have recently discussed in your office,the BIA requests that the City of Atascadero renew
our agreement that the city will continue to pay the property taxes and mainter ance on the BIA
public parking lot located near the intersection of Palma and Traffic Way.
We feel that this renewal will be to our mutual advantage and will continue to erve the public.
If possible,this renewal should be valid for five years,with a renewal option.
Yours Truly,
H.D.(Dwight uffrnan
President,BIA
000054
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No: 66-
Through: Andy Takata, City Manager Meeting Date: �ugust 8, 1995
Via: Steven L. DeCamp, City Planner
File N�. : CUP #94004
VAR #95001
From: Gary Kaiser, Associate Planner(�W RA #95001
SUBJECT:
Consideration of conditional use permit, variance and road
abandonment applications filed by the Atascadero Mu ual Water
Company (AMWC) for the relocation and upgrade of ex sting pump
facilities located near the intersection of San Gab iel and San
Marcos Roads.
REC IMMENDATION
I
Per the recommendation of the Planning Commission, the City
Council should:
1. Find the Negative Declaration prepared foi the project
be found adequate under the requirements of
California's Environmental Quality Act (C QA) ;
2. Approve Variance #95001 on the Findings and Conditions
contained in Attachment A;
3• Approve Conditional Use Permit #94004 bas !d on the
Findings and conditions contained in Attachment A;
4. Approve Resolution #10-95 (Attachment A) , thereby
abandoning a portion of unimproved San Ma os Road
right-of-way, based on the Findings and c ditions
contained therein.
BACKGROUND-
On December 13, 1994, the Council found that a minor realignment
of a portion of the unimproved right-of-way for San Marcos Road
would be consistent with the General Plan and indeed appropriate
given the safety problems that would result from buildout of the
existing right-of-way near its junction with San Gab iel Road.
Since the preferred alignment for San Marcos Road is across City
property, the Council agreed that the AMWC project s ould be
accepted and processed as a conditional use permit a'
plication
whether accompanied by a road abandonment applicatio to realign
said right-of-way or not.
q
0000555
Upon review of the conditional use permit application, it became
clear that there would be no way to situate the proposed new
building on the site without some flexibility from typical
building setback requirements. In addition, although the road
abandonment is not necessary for this project to be approved,
staff felt it would be cleaner to go ahead and abandon the
unnecessary portion of right-of-way now. The subject conditional
use permit application was therefore joined by variance and road
abandonment applications.
On April 4, 1995 the Planning Commission considered these
applications. Although AMWC thought that a consensus was reached
at a neighborhood meeting held prior to the Planning Commission
hearing, public testimony was received indicating displeasure
with the size, placement and design of the building. In
addition, staff felt the proposed building would be too close to
San Gabriel Road. The Commission continued their April 4, 1995
discussion to allow AMWC to once again meet with neighbors and
reconsider matters of design and placement.
Following another neighborhood meeting and further plan revisions
the matter was rescheduled for the Commission' s July 5, 1995
agenda and, absent any public testimony, the Commission made a
unanimous recommendation to the Council that the project be
approved. While the Planning Commission was discussing the next
agenda item that night, however, Mr. Steven Ward (who lives
adjacent to the site) appeared and his letter opposing the
project was received by staff (Attachment B) . AMWC has since
responded to Mr. Ward (Attachment C) . Although numerous project
alternatives have been explored over the past several months,
neither staff nor AMWC know how the project could be modified in
manner that satisfies Mr. Ward.
ATTACHMENTS:
Attachment A - July 5, 1995 staff report (includes 4/4/95
staff report)
Attachment B - Minutes of Planning Commission Hearings
Attachment C - Letter from Steven Ward
Attachment D - Letter from AMWC to Steven Ward
cc: Mr. Ken Weathers
Mr. Steven C. Ward
GK:RA95001/VAR95001/CUP94004.cc
000056•
H I IIA(;NMtN I A
JULY 5, 1995 STAFF REPORT
CUP 494004; VAR 495001 &
RA 495001
M E M O R A N D U M
DATE: July 5, 1995
TO: Planning Commission
(f-=>A
FROM: Gary Kaiser, Associate Planner
RE: Proposed Booster Station Upgrade @ 7000 San Gabriel Road
CUP #94004; RA #95001; & VAR #95001
(Atascadero Mutual Water Company)
RECOMMENDATION•
The Planning Commission should make the following recommendations
to the City Council:
1. That Findings be made by the Council that no significant
environmental effects would result from project approval
and that the Negative Declaration prepared for the
project (Attachment C) is adequate under the requirements
of California' s Environmental Quality Act (CEQA) ;
2 . That Road Abandonment #95001 be approved based on the
Findings and Conditions contained in the Draft Resolution
(Attachment C) ;
3. That Variance #95001 be approved based on the Findings
and Conditions contained in Attachment C; '
4. That Conditional Use Permit #94004 be approved based on
the Findings contained in Attachment C and subject to the
revised Conditions of Approval contained in Attachment B.
DISCUSSION•
The Planning Commission will recall their consideration of this
project at their regular meeting of April 4, 1995. Both the staff
report and minutes of that hearing are attached hereto for
reference (Attachment C) . To recap, the Commission received
testimony from the Atascadero Mutual Water Company (AMWC) regarding
the need for facility upgrades and a building to house not only the
larger pumps necessary now but additional pumps necessary in the
future. Public testimony was also received from: neighborhood
residents who expressed concerns regarding the design of the
proposed building and its proximity to San Gabriel Road. Following
public testimony and ensuing discussion, the Commission voted to
continue the matter while representatives of AMWC met with
neighborhood residents to try to ameliorate their concerns .
00005'7
Although AMWC had held a neighborhood meeting prior to the
Commission' s April 4, 1995 hearing and attempted to design the
proposed building based on what they thought was a consensus
reached, evidently there was either no consensus reached or it was
a different group of neighbors who attended the April 4, 1995
hearing. In any case, another neighborhood meeting was held on May
25, 1995 and the most recent design emerged (Attachment A) .
The revised plan now being presented to the Commission shows the
building pushed much farther from the San Gabriel Road right-of-way
and lowered somewhat (approximately 3 feet) through the
establishment of a finish floor elevation lower than the adjacent
grade on the uphill side of the building. In addition, the
building is now proposed to have stucco exterior rather than split-
face block. The combination of these three changes moots previous
safety concerns and, in staff' s opinion, maximizes neighborhood
compatibility to the extent feasible.
Now that a twenty (20) foot setback from the existing San Gabriel
Road right-of-way is proposed, there is no longer a need for a
variance from front yard setback requirements (although a variance
is still necessary from normal rear yard setback requirements) .
In conclusion, staff' s recommendation on this matter remains the
same as provided in the April 4, 1995 staff report except that a
revised set of Conditions of Approval (Attachment B) is being
recommended with respect to the Conditional Use Permit application
so that changes in the design of the project are reflected.
Attachments:
Attachment A -- Revised Site Plan & Building Elevations
Attachment B -- Revised Conditions of Approval (for CUP)
Attachment C -- April 4, 1995 staff report
GK:cup94004.pc2
000058
I
r
CITY OF ATA.SCADERO ATTACMENT A
REVIS D SITE PLAN/ELEVATIONS
t _• r" � ° _ CUP 494004; RA #95001 &
left
COMMUNITY DEVELOPMENT VAR #9 5 0 01
DEPARTMENT
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000059
ATTACHMENT B - Revised Conditions of Approval
Conditional Use Permit #94004
7000 San Gabriel Road (Atascadero Mutual Water Company)
July 5, 1995
CONDITIONS OF APPROVAL:
1. This conditional use permit approval allows for the
Atascadero Mutual Water Company' s relocation and upgrade of
existing pump facilities located at 7000 San Gabriel Road.
The approved use shall be established in conformance with,
and shall maintain conformance with, all applicable
provisions of the Atascadero Municipal Code. Any expansion
or substantial modification of the project shall be subject
to the approval of the Planning Commission.
2. A building permit shall be obtained for the project and a
final inspection received. All ordinary requirements of the
City Building Division that are necessary to secure and
final such a building permit shall be met Prior to the
issuance of said building permit, the associated Variance
application (VAR #95001) shall have been approved and
effective (i.e. , no successful or unresolved appeals exist) .
3. The size, style and placement of the proposed building shall
be in substantial conformance with Attachment B (Revised
Site Plan & Building Elevations) .
4. The site shall be landscaped in accordance with Attachment B
(Revised Site Plan & Building Elevations) prior to the final
inspection. Landscaping and irrigation details shall be
shown on building permit plans.
5. This Conditional Use Permit shall be subject to
reconsideration, and possibly rescinded or re-approved with
different conditions, if the Planning Commission or
Community Development Department staff find the site is not
being properly maintained or the building, landscaping or
other site improvements otherwise fall out of conformance
with this approval.
6. This Conditional Use Permit approval shall expire one ( 1)
year from the date of final approval, unless:
a. Substantial site work toward establishing the
authorized use has been performed, as defined in
Section 9-2. 114 of the Zoning Ordinance; or
b. The project is completed, as defined in Section 9-2. 115
of the Zoning Ordinance; or
(Page 1 of 2)
000060
1
C. An extension has been granted, as defined in Section 9-
2. 118 of the Zoning Ordinance; or
d. A building moratorium is imposed on the project site.
i
GK:cup94004.co2 (Page 2 of 2 )
000061
ATTACHMENT C
APRIL 5, 1995 STAFF REPORT
CUP #94004; RA #95001 &
CITY OF ATASCADERO VAR #95001
STAFF REPORT 0
FOR: Planning Commission Meeting Date: April 4, 1995
BY: Gary Kaiser, Associate Planner File No: CUP #94004;
VAR #95001 & RA #95001
SUBJECT:
Consideration of conditional use permit, variance and road
abandonment applications filed by the Atascadero Mutual Water
Company for the relocation and upgrade of existing pump
facilities located near the intersection of San Gabriel and San
Marcos Roads.
RECOMMENDATION:
The Planning Commission should make the following recommendations
to the City Council:
1. That the Negative Declaration prepared for the project
be found adequate under the requirements of
California' s Environmental Quality Act (CEQA) ;
2 . That Road Abandonment #95001 be approved based on
Findings and Conditions contained in the Draft
Resolution (Attachment G) ;
3. That Variance #95001 be approved based on the Findings
and Conditions contained in Attachment H;
4 . That Conditional Use Permit #94004 be approved based on
the Findings contained in Attachment I and subject to
the Conditions of Approval contained in Attachment J;
SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . .Atascadero Mutual Water Company
2. Representative. . . . . . . . . . . .Joe Elkins, Architect
3. Project Address. . . . . . . . . . .7000 San Gabriel Road
4 . Legal Description. . . . . . . . .Park Res. "A" & ptn. of San
Marcos Road, Amendment D, A.C.
5. Site Area. . . . . . . . . . . . . . . . . 0.25 acres (approx. )
6 . Zoning. . . . . . . . . . . . . . . . . . . .Residential Suburban (RS )
1
000062
7. General Plan . . . . . . . . . . . . .Suburban SFR/Collector Road
8. Existing Use. . . . . . . . . . . . . .Above-ground pump facilities
9. Environmental Status. . . . . .Negative Declaration posted
January 17, 1995,
ANALYSIS:
The Atascadero Mutual Water Company (AMWC) presently owns and
operates existing above-ground pumps and related devices within a
portion of the otherwise unimproved right-of-way for San Marcos
Road just south of its junction with San Gabriel Road. Located
between this "paper" portion of San Marcos Road and improved San
Gabriel Road lies a small "Park Reservation" owned by the City of
Atascadero. The "Park Reservation" and affected right-of-way
together constitute the project site, occupying roughly one-
quarter of an acre at 7000 San Gabriel Road (Attachments A & B) .
Based on studies prepared by AMWC, the existing pumps are
outdated and insufficiently sized to accommodate future water
supply needs in the large area served by the pumps. In addition,
the existing pumps are noisy at times and somewhat unsightly due
to inadequate screening. In light of all this, AMWC proposes to
remove existing pump facilities and construct a new 18' X 25'
building on the "City' s side" of what is now unimproved San
Marcos Road right-of-way to house the upgraded pumps needed
(Attachment C) .
The new building, to be constructed of tan split-face block and a
removable brown-trimmed tile roof, is intended to ( 1) screen the
pumps and associated above-ground facilities in a manner that is
architecturally compatible with the surrounding residential
neighborhood and (2) to soundproof pump operations, or at least
reduce noise from present conditions. The location of the
proposed building is flexible provided it situated such that
San Marcos Road can still be built at some future date. AMWC' s
original plan was to locate the building closer to the centerline
of San Marcos Road right-of-way (Attachment D) , but plans were
changed in an effort to mitigate concerns of a contiguous
property owner who feared, and perhaps still fears, that the
building would be too imposing.
In addition to the new pump house building, PG&E has indicated
that the new pumps will require placement of a pad-mounted
transformer (which AMWC agrees should also be appropriately
screened) . Although proposed and alternate locations for the
necessary transformer are shown on proposed plans, its location
is totally flexible. Staff feels the alternate location is
preferable to the proposed location, as it would be less likely
to impede future widening of San Gabriel Road.
2
000063
Conditional Use Permit
The proposed use is defined by the Zoning Ordinance as a "utility
facility, " which is listed as a conditional use within the RS
(Residential Suburban) zone. Since the project constitutes a
substantial change from the existing nonconforming use, an
approved conditional use permit is necessary.
Road Abandonment
Both the existing and proposed pump facilities are located within
the unimproved right-of-way for San Marcos Road. Whether the
proposed upgrade occurs or not, the pump facilities will
complicate the future construction of a road in this location.
At the same time, the General Plan' s Circulation Element calls
for the eventual construction of San Marcos Road from San Gabriel
Road south to its junction with Sierra Vista Road. Realizing
that the presentfhistoric alignment of San Marcos Road at its
connection with San Gabriel Road is less than ideal due to the
angle at which the right-of-way intersects with San Gabriel Road,
and also realizing that a superior alignment for San Marcos Road
can be established through the adjacent "Park Reservation"
property already owned by the City, AMWC proposes to abandon the
current right-of-way. The City Council has already found such a
realignment of San Marcos Road appropriate (Attachment E) .
The site plan provided by AMWC shows such an alternate alignment
for San Marcos Road. The new alignment provides for a shorter
connection to San Gabriel and could be constructed in accordance
with City standards related to geometry, slope and width. It
should be noted, however, that a vertical curve, or "sag, " in
existing San Gabriel Road limits sight distance along that
street. Thus, if and when this portion of San Marcos Road is
built, some improvements to San Gabriel Road will probably be
required. These San Gabriel Road improvements would be necessary
whether San Marcos is built in its present right-of-way or the
proposed, superior location. The proposed project would not
worsen existing deficiencies along San Gabriel Road nor would it
substantively increase the cost of bringing both streets up to
City Standards at some future date.
Variance
Upon abandonment of the existing San Marcos Road right-of-way,
contiguous parcels (the City' s Park Reservation to the east and
Parcel A, PM 22-79 to the west) could be merged with the
abandoned right-of-way such that the centerline of what is now
the right-of-way would become the common property line. Once
this occurs, AMWC facilities would be situated entirely on City
property. The City' s lot would increase in size as would the
contiguous privately-owned residential lot.
3
000064
Even with the abandonment -- which deepens the City' s lot -- it
is not possible to construct the size building necessary and
40 comply with the normal RS zone building setback standards. The
required front, side and rear setbacks are twenty (20) feet, ten
( 10) feet and five (5) feet, respectively. Based on proposed
plans, the new building would comply with side and rear setbacks
but would be located a mere four (4) feet from the existing San
Gabriel Road right-of-way. However, in order for San Gabriel
Road to be constructed to City Collector Standards, an additional
five (5) feet of right of way adjacent to the City' s Park
Reservation will be necessary. This would push San Gabriel Road
dangerously close to the booster station building. Staff is
therefore recommending the original design -- to slide the
building as close to the centerline of the existing San Marcos
Road right-of-way as possible -- be approved. This original-
proposed building location makes for a safe situation upon
ultimate buildout of streets in the area, but still requires a
variance from typical RS-zone setback requirements (front and
rear in this case) .
Environmental Review
An Initial Study has been conducted for the project and it was
found that the redesigned project may be unsafe due to the
proximity of the new building to San Gabriel Road. The original
design, on the other hand, does not have such a potentially
significant impact on public safety. Thus, the original location
proposed for the new building is environmentally superior.
Provided no buildings are located at least thirty (30) feet from
the centerline of the San Gabriel Road right-of-way, no
potentially significant effects would result.
CONCLUSIONS•
In staff ' s opinion, there is no question the existing pumps must
be upgraded to ensure an adequate and reliable water supply to
the substantial area served by the pumps (most of Ardilla, San
Gabriel and Portola Roads, and all of the 3F Meadows, Summit
Hills and Old Morro Road areas) . Moreover, staff feels the
proposed building is necessary to eliminate existing aesthetic
and noise-related problems and decrease threats that these vital
water supply facilities are vandalized or otherwise damaged.
Although it may be a long time before San Gabriel and San Marcos
Roads are built-out to their full width, the originally planned
location for the building is preferred because it situates the
building a safe distance from the respective rights-of-way for
these roads. The proposed building is architecturally compatible
with the surrounding residential neighborhood and should not be
unduly imposing. On the contrary, staff feels the project would
have a positive net affect on the aesthetics of the site and
therefore neighborhood compatibility.
4
000005 r
ATTACHMENTS:
Attachment A —Location Map (Zoning)
Attachment B - Redesigned Site Plan
Attachment C - Original Site Plan
Attachment D - December 13, 1994 Staff Report to Council
Attachment E - December 13, 1994 Council minutes
Attachment F - Negative Declaration
Attachment G - Draft Resolution No. 10-95
Attachment H - Findings & Conditions for Variance Approval
Attachment I - Findings for CUP Approval
Attachment J - Conditions of CUP Approval
GK:RA95001/VAR95001/CUP94004.sr
5
000066
ATTACHMENT A
LOCATION MAP (ZONING)
CITY OF ATASCADERO RA #95001; VAR #95001 ; AND
a .Off is CUP 094004
7000 SAN GABRIEL ROAD
COMMUNITY DEVELOPMENT
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REDESIGNED SITE PLAN
CITY OF ATASCADERO RA #95001; VAR #95001; AND
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ORIGINAL SITE PLAN
CITY OF ATASCADERO RA 495001; VAR 095001 ; AND
CWP #94004
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000069 �I.
ATTACHMENT D
12/ 13/94 STAFF REPORT
RA 495001; VAR 495001; AND
CUP #94004
REPORT TO CITY COUNCIL 7000 SAN GABRIEL ROAD
CITY OF ATASCADERO Agenda Item: C-2
Through: Andrew J. Takata, City Manager Meeting Date: 12/13/94
From: Henry Engen, Community Development Director 4
SUBJECT:
San Gabriel Booster Station - Consideration of a request by the
Atascadero Mutual Water Company to conceptually approve a future
realignment of San Marcos Road across City property.
RECOMMENDATION•
That the City Council find that such a realignment of San Marcos
across City property is appropriate, and accept for processing, as
a Conditional Use Permit, the San Gabriel Booster Station upgrade
proposal.
BACKGROUND:
The City has received the attached communication from the Atasca-
dero Mutual Water Company seeking direction to allow them to
upgrade the San Gabriel Booster Station. The City is also in
receipt of a Conditional Use Permit Application on the project
which is located in the present right-of-way of San Marcos Road at
F San Gabriel Road next to a City "Park Reserve" .
ANALYSIS:
This project involves an unusual combination of facts to replace a
utility facility building in the San Marcos right-of-way. The
ownership of Atascadero Colony Roads has been the subject of
considerable legal investigation over the past several years. What
is .certain, is that the project is needed for public safety and
service to the citizens of the community, and the type of facility
being proposed requires a Conditional Use Permit by the Planning
Commission. Towards this end, an application has been submitted
and the Water Company has held a meeting with the neighbors to
review their proposal prior to it being considered by the Planning
Commission next year.
It so happens that the location of the existing booster station is
within an unconnected paper link of San Marcos Road. The City's
Circulation Element identifies completing this link as a priority
level III (meaning 10 - 20 years in the future) . The text of the
000070 n
r,
Circulation Element goes on to state, under Program 7. 6: "Extend
San Marcos Road west of San Gabriel Road within its' established
right-of-way. " It would be fair to say that the ,specificity of
this statement leads to the need for a creative interpretation of
the General Plan. The applicants show an alternative alignment of
San Marcos to provide for a perpendicular intersection with San
Gabriel Road, which links up with the northerly segment of San
Marcos. The City Engineer agrees that this would be a safer
alignment then that provided in E. G. Lewis' plat. '
This matter is being brought to the City Council before being
considered by the Planning Commission because action by the Com-
mission requires a finding that the project is consistent with the
General Plan. In staff's opinion, that finding can be made
provided the City Council is comfortable with the concept of
committing to the alternative road alignment across the City's
small park reservation. Favorable action by both the City Council
and Planning Commission on this proposed project would provide a
positive General Plan conformity basis for the future connection of
both links of San Marcos Road and, probably, the formal abandonment
of the bypassed paper road.
He:ph
Encl: Atascadero Mutual Water Company Letter —:11/21/94
Land Use Application - 11/2/94
Circulation Element - Location Map
cc: Ken Weathers, Atascadero Mutual Water Company General Manager
Joe Elkins, Architect
000071
5005 EL CAMINO REAL • P.O. BOX 6075 • ATASCADERO, CA 93423 • (805)466-2428
ATASCADERO MUTUAL WATER COMPANY
November 21, 1994 ESTABLISHED 1913
•
!{ 2€i -1 7,4
Henry Engen,
Community Development Director,
City of Atascadero
6500 Palma Ave . ,
Atascadero, Ca. 93422
Subject : San Gabriel Booster Station.
Dear Henry,
I have attached a copy of a letter dated August 4, 1994 which
summarizes AMWC' s position on the San Gabriel Booster Station
upgrade.
Subsequent to that letter AMWC staff met with City staff and
attorney. As a result of that meeting we have prepared and
submitted a "Planning Division Application Form" to the City for
this project .
It is our understanding that the City Council needs to take i
action recognizing that the proposed alternative alignment would
satisfy the City' s requirements in the event of a future
extension of San Marcos Road. Such a finding would result in the
conclusion that -AMWC' s proposed improvements to the San Gabriel
Booster Station within the San Marcos ROW would not interfere
with the future extension of San Marcos Road. AMWC therefore
desires a finding that the City would not object to the
facilities being constructed in the portion of the San Marcos ROW
indicated on the plans .
Would you please take whatever action is necessary to complete
these findings and schedule the necessary action the City Council
must take .
Sin ely,
Ken Weathers,
General Manager
CC : ,.-'Andy Takata
Steve Adamski
Joe Elkins
0000'72
45=005EL
CAMINO REAL P.O. BOX 6075 ATASCADERO,CA 93423 (805)466-2428
ATASCADERO MUTUAL WATER COMPANY
August 4, 1994 ESTABLISHED 1913
Henry Engen,
Community Development Director,
City of Atascadero
6500 Palma Ave. ,
Atascadero, Ca. 93422
Subject : San Gabriel Booster Station.
Dear Henry,
Atascadero Mutual Water Company (AMWC) is planning to expand it's
San Gabriel Booster Station. The station is presently at
capacity and is in need of immediate upgrade.
AMWC previously submitted a preliminary plan to the City to
identify concerns and the necessary planning process . The City' s
Road Circulation Plan identified a potential conflict between a
future road extension and the proposed AMWC improvements. '
Further engineering on the part of AMWC provided an alternate
route for a future road extension that would use the present
R.O.W. and other City land. The alternative would be preferable
to the present R.O.W. alignment and would not interfere with AMWC.
planned improvement .
AMWC would like to proceed with the design of it' s proposed
improvements using it' s existing easements on the subject San
Marcos Road R.O.W. AMWC has obtained a legal opinion concerning
that R.O.W. which indicates that AMWC has a right to construct
the improvements if such placement will not substantially
interfere with the current or expected uses of the ` San Marcos
Road R.O.W. It appears from our previous engineering work and
communication with City staff that these improvements will not
interfere with the use of San Marcos Road -as a roadway.
We would appreciate your direction on processing this application
and obtaining formal recognition from the City that the AMWC
improvements would not substantially interfere with the City' s
possible future road extension.
Sinc rely,
en ea hers,
General Manager
CC : Steve Adamski
Joe Elkins
0000'73
A 141,
5005 EL CAMINO REAL • P.O. BOX 6075 • ATASCADERO, CA 93423 (805) 466-2428
I
ATASCADEROM-UTUAL WATER, CDAIIE)ANY
November 2 , 1994 _" ;ES7SL'ISHEO 1913
Community Development Department,
City of Atascadero
Atascadero, Ca. 93422
Subject : Supplemental Information
Land Use Application - San Gabriel Booster Station.
Gentlemen,
The following information is supplemental to the enclosed land
use application for Atascadero Mutual Water Company' s (AMWC) San
Gabriel Booster Station.
AMWC previously submitted a preliminary plan to the City to
identify City concerns and the necessary planning process . The
City' s Road Circulation Plan identified a potential conflict
between a future extension of San Marcos Road and the proposed
AMWC improvements . Further engineering on the part of AMWC
provided an alternate route for a future road extension that
would use the present San Marcos R.O.W. and "Park Reserve 'A'" .
The alternative route would be preferable to the present R.O.W.
alignment and would not interfere with AMWC' s planned
improvement . Our conclusion from this past correspondence is
that the proposed Booster Station upgrade can be completed
without interfering with future road circulation plans or
adjoining property owner' s access .
A title commitment or report is not included in this application
because AMWC is proposing improvements in this area based upon
it' s 1914 recorded easements . AMWC does not hold fee simple
title to this parcel . A legal opinion on this issue was provided
by AMWC' s Counsel August 2, 1994 to Atascadero' s Community
Development Department. Atascadero' s Counsel, Mary Redus Gayle
issued an opinion on Sept, 23 , 1994 . In addition, Ken Weathers
met with Andy Takata and Archer R. Montandon on Oct . 10, 1994 and
discussed this subject . We believe the application responds to
all of the City' s requests and concurs with the City of
Atascadero' s legal opinion and comments .
Sinc e ,
Ken Weat ers,
General Manager .
CC : Steve Adamski
Joe Elkins
0000'74
CITY OF ATA.SCADERO
,�. ENVIRONMENTAL COORDINATOR
ENVIRONMENTAL INFORMATION FORM
COMMUN1W DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO. CA 93422 (805) 461-5035
Please type or print clearly ire ink Incomplete forms will be rehuned-
GENERAL WMRMA'nQN
Applicant WT Okr- v t C n
Address: P�� E35K 66)17,c�
ci;5 H'Z- :tp•.1 ((,?
Phone #: SCP "�tt,l
Project Address: - FEE=n-I- Kt,.N-17 Sr 'rllr yyiribq
Assessor's Parcel#: 'Afo Ktk z7�s 2—, k-z, ti G-w.
Legal Description: ' (')i1 AozC;•, 1�4 ,0 Z.o `+
List and describe any other permits or public agency(Federal, State or local) approvals required for
this project: F59M T t54-2;4
Proposed Use of Site: _ A.� 929�tt C:j — W NTW M=faM Sa}"Ct ba
PROJECT DESCR=ON:
1. Site area (in acres): 1kC=1F-- QWb#-Yt
2. Square footage of buildings: 3:2,;6, AgTt�o s-ykmy
3. Square footage of parking areas: d.t A-.
4. Number of on-site parking spaces: &)-HA
5. Describe proposed scheduling: -M 1t5;p- $lll a - 1 -Ajr�" A $V
6. Describe associated projects: 1` . A.
7. If residential, include the number of units, schedule of unit sizes, anticipated sale prices or rents.
d a [licipated household size.
8, c ercial, indicate the type (neighborhood. regional. etc.), and square footage of sales areas.
9• Ind , indicate type. estimated employment per shift. and products/byproducts produced.
10. institutional. Indicate major functions, estimated employment per shift. estimated occupancy. and
community benefits to be derived from the project
000075
• 0
i-
EY=NMENTtti. SE=Qr
1. Describe the project site as it exists before the project. including information on topography. soil
stability. plants and animals. availability of utilities. and any cultural. historical or scenic aspects.
Describe any existing structures on the site. and the use of the structures. cilrj+ dTili`i�
2. Describe the surrounding properties. including information on plants and animals. and any cultural.
historical. or scenic aspects. Indicate the type of land use (residential. commercial, etc.). intensity of
development. and scale of development(building height. setback. etc.). �Pr C'-R� --r"tr-p'--)'
Are the following SgteBeffects of your project? Provide a written response to each item checked"YES".
YES �I52
1. Change in eadsting features of any stream. swale. drainage pattern.
or substantial alteration to c3dsting topography? ❑ -�T
2. Change in scenic views or vistas from existing residential areas. ❑
public lands. or roads?
3. Change in pattern.scale.or character of the general area of the ❑ �/
project? !�
4. Significant amounts of solid waste or litter? ❑
5. Change in dust, ash. smoke.fumes. or oders in vicinity? ❑
6. Change in stream or ground water quality or quantity? ❑
7. Substantial change in eadsting noise or vibration levels? ❑
8. Is the site on filled land or on slopes of 100/6 or more? 0-
9. Use or disposal of hazardous materials? ❑
10. Substantial change in demand for municipal services? ❑
11. Substantial increase in fossil fuel consumption? ❑
12. Is the project related to a larger project or series of projects? ❑
13. Removal of. or grading within the dripline of mature trees? ❑
009f 77G
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AdMT)DITIONAL INFORMATION
qW
Discuss in detail the other development alternatives that were considered for this site or project. Explain
why each of the alternatives was rejected. i�ctsTM,!e o,5p t1 iz"C#IK -e� -5�1Tv-
Provide any additional information that you believe will be beneficial in the analysis of the potential environ-
mental affects of your project. Such additional supporting data may include:
Maps glMFLiE- Avpmw� cr -97M4al, lk.vt�z�
Ta istj 's vW&P 'V�> (t
Photographs PCW-(" "WITIM fAII-4"
Charts
Drainage Studies
Soils Reports
Geologic Reports
Archaeological Reports
Traffic Studies
CERTIFICATION
I hereby certify that the statements furnished above. and in the attached exhibits.present the data and
information required for this initial evaluation.to the best of my ability, and that the facts. statements.and
information presented are true and correct to the best of my knowledge and belief.
Signa Date
r
mo 11149
000017
P, ".
CITY OF ATASCADERO
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"" COMMUNITY DEVELOPMENT
DEPARTMENT
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000078
CITY OF ATASCADERO
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000079 ���
ATTACHMENT E
12/ 13/94 COUNCIL MINUTES
RA 095001 ; VAR #95001; AND
CUP #94004
_ 7000 SAN GABRIEL ROAD
A . .' CITY OF ATASCADERO
1918 A �' f, 1979
OFFICE of the CITY CLERK
MINUTE ORDER
TO: Henry Engen, Community Development Director
DATE OF MEETING: December 13, 1994
COUNCILMEMBERS PRESENT: Carden, Highland, Johnson, Luna and Mayor Bewley
COUNCILMEMBERS ABSENT : None
SUBJECT: REGULAR BUSINESS ITEM #C-2 - SAN GABRIEL BOOSTER
STATION - Consideration of a request by the Atascadero Mutual
Water company to conceptually approve a future realignment of
San Marcos Road across City property.
Staff Recommendation: Staff recommends that the City Council find that such
a realignment of San Marcos across City property is appropriate, and accept for
processing, as a Conditional Use Permit, the San Gabriel Booster Station
upgrade proposal.
ACT/ON: By consensus, the City Council agreed to support staff's
recommendation.
CERTIFICATION
1, Lee Price, City Clerk of the City of Atascadero, California, do hereby certify
that the foregoing is ::t true. " /1
Dated: December 16, 1994 Cr—C
LEE PRICE, City Clerk
City of Atascadero
6500 PALMA AVENUE ATASCADERO,CA 93422 • (805) 461-5074 000080 r,
NEGATIVE DECLARATION
CITY OFATASCADERO RA (UP0
494004R 495001; ANC
• •■ a 7000 SAN GABRIEL ROAD
COMMUNITY DEVELOPMENT
DEPARTMENT
CITY OF ATASCADERO
ENVIRONMENTAL COORDINATOR
NEGATIVE DECLARATION
CON fUNM DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO.CA 93422 (805)461-5035
j
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APPLICANT: TAScA.flt;20 MOT+ I- LATER �►�Pj4M Y
Sco S E L CAM k*oD �t9g-L
hao, C.A
PROJECT TITLE: Cv 1��'R�-ood- � �a2wa.�cE��Srao( '� �d N►�.�'�Soo I
PROJECT LOCATION: 700 o
PROJECT DESCRIPTION: izr.Locs�.rE
.i�,l-nE-S ; Got��T4vc �E�v 1$` X Z5BLDG `m +tpuSE O PGRA-DVD
t��t'll� �C.IUTI�S � tF$11�.11�CtJ uti1lM1��OJE� 5� 6`s�}'t2GDS �-lro�-lT--Of-may
FINDINGS: (�CIPTGt, PtoD�G-`-( �wC� �E1�Pr2� �t2riTSw l� 5. GoalaZ L (�
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited.but comulratively►considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERMINATION:
Based on the above findings.and the information contained in the initial study(made a part hereof by refer-
ence and on file in the Community Development Department).it has been determined that the above project
will not have an adverse impact on the environment.
Henry Engen
Community Development Director
Date Posted: Mpek. t'7) (q5
Date Adopted:
CW 1J-W _.
000081 n=
P, I.
,r
ATTACHMENT G
- -- RESOLUTION
RA 495001 ; VAR 495001; ANC
CUP 494004
7000 SAN GABRIEL ROAD
i
RESOLUTION NO. 10-95
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO SUMMARILY
VACATING A PORTION OF A ROAD PURSUANT TO STREETS AND HIGHWAYS
CODE; PART 3, PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS
VACATION LAW; CHAPTER 4, SUMMARY VACATION; 8330
(BEING A PORTION OF SAN MARCOS ROAD)
WHEREAS, Streets and Highways Code 8330 permits summary
vacation of a street or highway by adoption of a resolution of
summary vacation; and
WHEREAS, this portion of San Marcos Road, as shown on the
attached Exhibit, has been determined to be superseded by
relocation and has been impassable for vehicular travel for at
least five consecutive years and no public money was expended for
its maintenance during that time; and
WHEREAS, the vacation of this portion of San Marcos Road, now
superseded by relocation will not work to cut off access to any
person's property which, prior to the relocation, adjoined the
street or highway to be vacated; and
WHEREAS, the vacation of this portion of San Marcos Road will
not affect any in-place, in-use public utility facility or will not
terminate a public service easement; and
WHEREAS, pursuant to Government Code 65402, the City Planning
Commission has recommended to the Council its ' finding that
vacation of this portion of San Marcos Road is in conformance with
the City' s General Plan; and
WHEREAS, pursuant to Streets and Highways Code 2381, the City
Planning Commission has recommended to the Council its ' finding
that this portion of San Marcos Road is not suitable or useful as
a non-motorized transportation facility.
NOW, THEREFORE, it is hereby resolved as follows:
1. Based upon the findings, the Council now finds and declares
the above-described road portion superseded by relocation to
be unusable as a non-motorized transportation facility.
2. Based upon the above findings, the Council now finds and
declares the proposed vacation of this road portion superseded
by relocation to be in conformance with the City' s General
Plan.
000082.
Resolution No. 10-95
Page Two
3. The Council now summarily vacates, pursuant to Streets and
Highways Code, Part 3, Chapter 4, 8330, that portion of San
Marcos Road shown on the attached Exhibit, subject to the
following conditions of approval:
a. The property owners shall indemnify and "hold harmless"
the City from claims that may arise from the abandonment
procedure. This agreement shall be reviewed and found
acceptable by the City Attorney.
b. Lot mergers shall be completed to merge the abandoned
road portion with adjacent lands in such a manner that no
new parcels are created as a result of the abandonment
procedure.
C. All conditions of approval must be completed prior to or
in conjunction with the recording of the abandonment
resolution and/or lot merger documents.
4. That from and after the date this resolution is recorded with
the County Recorder, the road portion shown on the attached
Exhibit shall no longer be or constitute a street or highway.
. 5. The City Clerk shall cause a certified copy of this Resolution
of Summary Vacation, attested by him/her under seal, to be
recorded without acknowledgment, certificate of
acknowledgment, or further proof in the office of the County
Recorder.
On motion by and seconded by
the motion was approved by the following roll call Grote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By:
GEORGE P. HIGHLAND, Mayor
City of Atascadero, California
ATTEST:
Lee Price, City Clerk
000083
Resolution No. 10-95
Page Three
APPROVED AS TO CONTENT:
Andrew J. Takata, City Manager
APPROVED AS TO FORM:
Arther R. Montandon, City Attorney
PREPARED BY:
Steven L. DeCamp, City Planner
000084
i
EXHIOIT A
CITY OF ATASCADERO RESOLUTION 10-95
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DEPARTMENT
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ATTACHMENT H - Findings and Conditions for Approval
Variance #95001
7000 San Gabriel Road (Atascadero Mutual Water Company)
April 4, 1995
FINDINGS•
1. The variance authorized does not constitute a grant of
special privileges inconsistent with the limitations upon
other properties in the vicinity and zoning district in
which such property is situated; and
2. There are special circumstances applicable to the property,
including size, shape, topography, location and
surroundings, and because of these circumstances, strict
application of Zoning Ordinance building setback
requirements would deprive the property of privileges
enjoyed by other property in the vicinity and in the same
zoning district; and
3. The variance does not authorize a use which is not otherwise
authorized in the zoning district; and
4. The granting of the variance does not, under the
circumstances and conditions applied in this particular
case, adversely affect the health or safety of persons, is
not materially detrimental to the public welfare, nor would
it be injurious to nearby property or improvements.
CONDITIONS OF APPROVAL:
1. This variance is approved to facilitate the Atascadero
Mutual Water Company's placement of a new building to house
upgraded pump facilities at 7000 San Gabriel Road. The
variance allows flexibility from building setback standards
contained in the Zoning Ordinance only; all other provisions
of the Atascadero Municipal Code, including but not limited
to the Uniform Building Code, shall still apply to the
project.
2. The building for which this variance is approved shall be
located at least thirty (30) feet from the centerline of the
existing San Gabriel Road right-of-way.
GK:pc\var95001.fin
000086
i
ATTACHMENT I - Findings for Approval
Conditional Use Permit #94004
7000 San Gabriel Road (Atascadero Mutual Water Company)
April 4, 1995
ENVIRONMENTAL FINDING:
The proposed project will not have a significant effect on the
environment. The Negative Declaration prepared for the project
is adequate.
FINDINGS•
1. The proposed project is consistent with the General Plan.
2. The proposed project, as conditioned, satisfies all
applicable provisions of the Zoning Ordinance., A Variance
(VAR #95001) has been approved with respect to building
setback requirements.
3. The establishment, and subsequent operation and conduct of
the use will not, because of circumstances and'' conditions
applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or persons
residing or working in the neighborhood of the use, or be
detrimental or injurious to property or improvements in the
vicinity of the use.
4. The proposed project will not be inconsistent with the
character of the immediate neighborhood or contrary to its
orderly development.
5. The proposed project will not generate a volume of traffic
beyond the safe capacity of all roads providing access to
the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic
volume of the surrounding neighborhood that world result
from full development in accordance with the Land Use
Element.
6. The proposed project is consistent with the City' s
Appearance Review Guidelines.
GK:pc\cup94004.fin
000081
i
ATTACHMENT J - Conditions of Approval
Conditional Use Permit #94004
7000 San Gabriel Road (Atascadero Mutual Water Company)
April 4, 1995
CONDITIONS OF APPROVAL:
I. This conditional use permit approval allows for the
Atascadero Mutual Water Company's relocation and upgrade of
existing pump facilities located at 7000 San Gabriel. A
Road Abandonment (RA #95001) and Variance (VAR #95001) have
also been approved to abandon certain unimproved portions of
San Marcos Road and allow flexibility from building setback
requirements contained in the Zoning Ordinance,
respectively. The approved use shall be established in
conformance with, and shall maintain conformance with, all
applicable provisions of the Atascadero Municipal Code. Any
expansion or substantial modification of the project shall
be subject to the approval of the Planning Commission.
2. A building permit shall be obtained for the project and a
final inspection received. All ordinary requirements of the
City Building Division that are necessary to secure and
final such a building permit shall be met.
3. The size and style of the proposed building shall be in
substantial conformance with architectural elevations and
notes shown on Attachment B (Site Plan) .
4. The pad-mounted transformer shall be screened with a wall
constructed of the same material as the proposed pump house
building (see Attachment B) .
5. Both the proposed pump house building and the pad-mounted
transformer shall be located at least thirty (30) feet from
the centerline of San Gabriel Road. Neither building shall
be placed in a manner that impedes the safe buildout of San
Gabriel and San Marcos Roads in the future, as determined by
the City Engineer.
6. As proposed (see Attachments B & C) , new trees and shrubs
shall be planted to screen structures from public view (San
Gabriel and San Marcos Roads) and from the adjacent property
to the west (Parcel A, PM 22-79) .
7. This Conditional Use Permit approval shall expire one ( 1)
year from the date of final approval, unless:
a. Substantial site work toward establishing the
authorized use has been performed, as defined in
Section 9-2. 114 of the Zoning Ordinance; or
(Page 1 of 2 )
000088
b. The project is completed, as defined in Section 9-2. 115
of the Zoning Ordinance; or
C. An extension has been granted, as defined in Section 9-
2. 118 of the Zoning Ordinance; or
d. A building moratorium is imposed on the project site.
GK:pc\cup94004.con (Page 2 of 2)
000089
t.
ATTACHMENT B
PLANNING COMMISSION MINUT
CUP 494004; VAR 495001; &
RA #95001
CITY OF ATASCADERO
PLANNING COMMISSION
4/4/95 0
ACTION MINUTES
SUBJECT: B. HEARINGS, APPEARANCES AND REPORTS
1. CONDITIONAL USE PERMIT #94004/VARIANCE #95001 AND ROAD
ABANDONMENT #95001•
Applications filed by the Atascadero Mutual Water
Company for the relocation and upgrade of existing pump
facilities located near the intersection of San Gabriel
and San Marcos Roads. (N. Joe Elkins)
STAFF
RECOMMENDATION: (Kaiser)
It
The Planning Commission should make the following recommendations to
the City Council :
I . That the Negative Declaration prepared for the project
is adequate under the requirements of California' s
Environmental Quality Act (CEQA) ;
2 . That Road Abandonment #95001 be approved based on
Findings and Conditions contained in the Draft
Resolution (Attachment G) ;
3 . That Variance #95001 be approved based on the Findings
and Conditions contained in Attachment H;
4 . That Conditional Use Permit #94004 be approved based on
the Findings contained in Attachment I and subject to
the Conditions of Anproval, as amended, contained in
Attachment J.
TESTIMONY:
Ken Weathers, representing the Atascadero Mutual Water Company,
elaborated on the staff report and answered questions and concerns
from the Commissioners .
Steven Ward, 10012 San Marcos Road, expressed a number of concerns as
the owner of the property on which. the current facility sits . He
expressed concerns about the lack of landscape maintenance provided by
the Water Company; in fact, he and his wife have been maintaining both
the landscaping and the building (including painting the building) for
the last 16 years .
(Page 3 of S)
000090
i
•
Planning Commission Meeting, April 4, 1995
Susan Dawson, San Gabriel Road, expressed concerns about having such
a large building so close to the road, both for aesthetics and safety.
Mary Ward, 10012 San Marcos Road, reiterated what her husband Steven
expressed about the lack of maintenance to the property and the
vibrations caused by the pumping station currently.
Harald Johansson also expressed concerns about having such a large
building on this property.
LauraLee Ramos expressed concerns about the impact on the environment .
ACTION: Motion to table until the May 16 meeting.
Motion: Edwards
Second: Johnson
AYES: Edwards, Johnson, Wallace, Messer, Miller, Bonnema,
Bowen
NOES: None
ABSENT: None J
(Page 4 of 5
g )
000091
CITY OF ATASCADERO
PLANNING COMMISSION
7/5/95
ACTION MINUTES
SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS
1. CONDITIONAL USE PERMIT 94004; ROAD ABANDONMENT 95001;
& VARIANCE 95001: Applications filed by the Atascadero
Mutual Water Company to relocate and upgrade existing
pump facilities . The project would result in the
abandonment of a portion of San Marcos Road right-of-
way and the construction of a -new 450 square foot
building to house upgraded pump facilities located
closer to property lines than normally allowed within
the Residential Suburban (RS) zone. Subject site is
located at 7000 San Gabriel Road.
STAFF
RECOMMENDATION:
The Planning , Commission should make the following
recommendations to the City Council :
1. That Findings be made by the Council that no
significant environmental effects would result from
project approval and that the Negative Declaration
prepared for the project (Attachment C) is adequate
under the requirements of California' s Environmental
Quality Act (CEQA) ;
2 . That Road Abandonment #95001 be approved based on the
Findings and Conditions contained, in the Draft
Resolution (Attachment C) ;
3 . That Variance #95001 be approved- based on the Findings
and Conditions contained in Attachment C;
4 . That Conditional Use Permit #94004 be approved based on
the Findings contained in Attachment C and subject to
the revised Conditions of Approval contained in
Attachment B.
TESTIMONY:
Ken Weathers, Applicant ' s Representative, offered to answer any
questions the Commission or the public might have .
(Page 3 of 9)
000092
Planning Commission Meeting, July 5, 1995
ACTION: Recommend that Findings be made by the Council that no
significant environmental effects would result from
project approval and that the Negative Declaration
prepared for the project (Attachment , C) is adequate
under the requirements of California 's Environmental
Quality Act (CEQA)
Motion: Edwards
Second: Wallace
AYES : Edwards, Wallace, Messer, Bowen, Johnson
NOES : None
ABSENT: Bonnema, Miller
ACTION: Recommend that Road Abandonment #95001 be approved
based on the Findings and Conditions contained in the
Draft Resolution (Attachment C) .
Motion: Edwards
Second: Wallace
AYES : Edwards, Wallace, Messer, Bowen, Johnson
NOES : None
ABSENT: Bonnema, Miller
ACTION: Recommend that Variance #95001 be approved based on the
Findings and Conditions contained in Attachment C.
Motion: Edwards
Second: Bowen
AYES : Edwards, Bowen, Wallace, Messer, Johnson
NOES : None
ABSENT: Bonnema, Miller
i (Page 4 of 9)
000093
Planning Commission Meeting, July 5, 1995
ACTION: Recommend that Conditional Use Permit #94004 be
approved based on the Findings contained in Attachment
C and subject to the revised Conditions of Approval
contained in Attachment B.
Motion: Edwards
Second: Bowen
AYES: Edwards, Bowen, Wallace, Messer, Johnson
NOES: None
ABSENT: Bonnema, Miller
2 . CONDITIONAL USE PERMIT 95002:
Application filed by Lee Swam, Steven Kagel retchen
Strandhagen to allow two (2) existing s ' le family
residences to be used as bed & breakf establish-
ments . Subject site is located at 065 and 9095
( Lakeview Drive.
STAFF
RECOMMENDATION:
The Plann g Commission shou
1 . Find th Negative D aration prepared for the project
adequate under a requirements of California' s
Environmen 1 lity Act (CEQA) and that the project
would not ha significant effect on the environment;
2 . Approve it al Use Permit #95002 based on the
Findin contain in Attachment E and subject to the
Condi on of Appr al contained in Attachment F.
TESTIMONY:
Ed Saloz' s 1 ter was read into the recor by Gary Kaiser. Mr. Saloz
was not su ortive of this Conditional Use ermit.
Lee Sw , 9065 Lakeview, who is one of the licants, offered to
answer any questions and expressed appreciation the Commission' s
(Page 5 of 9 )
000094
LETTER FROM- STEVE WARD
r-Up , u94004; VAR 495001; &
RA 495001
fC.�-ty c�D 7•S• 9 j A F r'c--12
vU i oN RaNCT
Atascadero Planning Commission
RE: Public Hearing, Atascadero Mutual Water Company proposed
expansion of San Gabriel Pump Station.
Dear Commissioners:
At your last meeting on this subject on Tuesday April 5, 1995, 1 made a
presentation that conveyed to you my concerns. As a result you
recommended that the water company and I seek to compromise some of
these issues. Some basic differences remain unresolved and Atascadero
Mutual Water Company maintains that the expansion must'; go forward. 1
am not convinced that other alternatives have been explored:
I am impacted by loss of property value, personal liability exposure,
possible tax liability issues.
It has been necessary for me to obtain legal council, and now I must take
the position of making it clear to you i am against this expansion project
and will take appropriate legal action.
Ak C',
Stephen C. Ward
000095
{
ATTACHMENT D
LETTER FROM AMWC
CUP 494004; VAR 495001
RA #95001
5005 EL CAMINO REAL • P.0. BOX 6075 • ATASCA[
AWTASCA DER 0 MUTUAL WATER COMPANY
ESTABLISHED 1913
July 17, 1995
Mr. Stephen Ward
10012 San Marcos Rd.
Atascadero, Ca. 93422
Dear Mr. Ward,
We are in receipt of a letter that you sent to the Atascadero
Planning Commission concerning the San Gabriel Booster Station
Upgrade .
In that letter you stated that "basic differences remain
unresolved" , and you were "not convinced that other alternatives
have been explored" . You identified impacts of loss. of property
value, personal liability exposure, and possible tax liability
issues .
As you know, we organized meetings with area property owners on
two occasions seeking input on this project. In addition, there
have been two Planning Commission meetings and one City Council
meeting on this project .
Many alternatives have been explored and the present proposal is
the best possible consensus of nearby property owners ideas,
alternatives, and the engineering needs.
Your concerns have been addressed by AMWC except for the
"possible tax liability" issue which has not been brought up
until this date . Most recently we forwarded you proposed
language for an indemnification agreement and asked for your
approval or input but have not received a response. Additionaly
you were not present at the Planning Commission meeting of July
5th to express the possible "unresolved differences" .
We do not know what your concerns are at this point . If you can
idenfity these we would be happy to try to resolve them.
S ' cerly,
"nather
General Manager t
�c : Atas Planning Dept . (Gary Kaiser)
CaMMulv,;Y oEVE,ep,.��,,;-
000096
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Age ida Item: C-1
From: Andrew J. Takata, City Managed Meeting Date: 8/8/95
SUBJECT: Discussion on the County/City tax exchange agreemer is on annexations
RECOMMENDATION:
That the City Council discuss this topic and, if necessary, provide staff direction.
BACKGROUND:
Mayor Highland has asked that this item be placed on the Council's agenda as a result
of recent discussions by the county mayors group.`It has also been discussed by the
city managers group.
AJT:cw
00009'7
THE EVOLVING STATE OF COUNTY-CITY TAX EXCHANGE AGREEMENTS
Recommended Action
That San Luis Obispo County cities enter into negotiations with the County of San Luis
Obispo to establish a consistent, predictable, and equitable countywide property tax
exchange policy at the earliest possible time.
Background: Straws in the Wind
As a prerequisite to any annexation, Revenue and Taxation Code Section 99 requires the
affected jurisdictions to negotiate an exchange of property tax revenue. Such negotiations
are triggered by a Local Agency Formation Commission approving a"Notice to Commence
Negotiations for the Exchange of Property Tax Revenue and Annual Tax Increment". A 30
dayperiod is allowed to complete such negotiations.
For many years, San Luis Obispo County policy was to use a-'"standard property tax
exchange formula" in determining the appropriate share of taxes for the County and the
annexing city. Under this formula, the County retains all of its existing property tax base
while the annexing city gets a share of the new increment equivalent to its average percent
` "take" of property tax in already annexed areas. In the City of San Luis Obispo, for
example, the City's average property tax share is approximately 14%. On the whole, this
policy has worked well, and has been perceived as predictable and equitable. However, a
slow evolution -- if not a total abandonment of the policy -- appears to be underway.
In,recent years, as the County's fiscal environment has changed, County government has
been asking for"something more" than the standard property tax exchange agreement. For
example,in the late 1980s the City of Paso Robles agreed to a higher than usual allocation
of tax increment to the County in exchange for an agreement that would facilitate significant
commercial development in an expansion area. In 1992 the City of San Luis Obispo entered
into a similar agreement to facilitate.our "Broad Street annexation"
The Broad Street`annexation was fairly unique, in that much of the area was already
developed, and the County was receiving sales tax revenue from an existing supermarket.
Initially, the County asked that all of the existing sales tax base be"passed through" to`them.
The City, however, pointed out that the annexation would relieve the County of certain
service provision requirements '-- and instead `place'new demands on the City -- and
consequently the negotiated agreement should be based on a concept of"fiscal neutrality"
and not "revenue neutrality". Ultimately, both parties agreed to a pass through of 50% of
the existing sales tax,which only amounted to $21,000 annually. More importantly, the pass
through was accommodated by adjusting the property tax allocation, and not through a
direct sharing of sales tax revenues.
In 1994, evidence of a further departure from past practice -- perhaps, even a total
000098
i
abandonment of past practice -- became apparent as a part of what is known in San Luis
Obispo as the "TK Annexation". Few annexations could be more routine,. The TK property
is located on the corner of Tank Farm Road and South Higuera Street, and is only 22 acres
in size. With the exception of a recently developed mini storage warehouse on 3.5 acres,
the area is vacant. Both the County and City general plans support the eventual annexation
of the land into the City. The County was providing virtually no services to the area while
in county jurisdiction, nor were they expected to be impacted in any way by the future
development of the property in the City. At the time of annexation, and still today, there
are no development permits approved for the property.
When the "30-day negotiation clock" began ticking, City staff was confident that the County
would follow past practice for such a routine annexation and therefore use the standard
property tax exchange formula. We were wrong. Instead, the County explained that like
counties throughout the state, they had suffered significant revenue reductions in recent
years, and therefore needed to be rigorous in their protection of current revenues, and in
their search for new revenues. As such, the County stated that they wished to negotiate for
potential sales tax from future anticipated development in the TK annexation area.
The City refused to negotiate such a precedent setting agreement. Instead, we told the
County that its interest in"potential sales tax"represented an entirely new countywide policy
relative to property tax exchange agreements. We argued that the County should pursue
this interest in a much broader forum, which included-representatives of all other cities.
Conversely, we stated that attempting to extract such a concession "by holding the TK
annexation hostage at the eleventh hour"would clearly be viewed as a strong arm tactic not
only by our city, but by all other cities, and as such would poison the atmosphere for a
broader and more constructive dialogue on local 'government finance and annexation
exchange policies.
Starting the dialogue --- then stopping
This issue was raised by SLO City officials during a January 1995 meeting of SLO County
Mayors. The Mayors agreed to refer the issue to the city managers for discussion with the
County CAO. The city managers met with the County CAO in February 1995. During this
meeting, the CAO confirmed that the County wished to abandon the previous "standard
property tax exchange formula", in light of the County's financial circumstances. He
indicated that this was a trend statewide, and one that was being encouraged by the
California State Association of Counties. However, Mr. Hendricks agreed to facilitate a
more formal countywide dialogue on the matter. To our knowledge, there has been no
progress on this matter since that time.
Why should cities proactively pursue this dialogue now?
The short answer is: The County is in the position of strength on this issue.
First, there is nothing in State law which establishes a formula that a County must follow
0 in negotiating a tax exchange. In essence, what the law requires is that both jurisdictions
000099
reach a negotiated agreement. Of course, if a County is perceived as being "unreasonable",
there is always legal recourse -- an expensive and uncertain proposition, at best.
time n h County's side... and all he pressure is on the City. B the time an
Second, t o Is o the Cou y t p ty y
annexation reaches the LaFCO stage, it has already been through the rigors of local
government review and community debate. Community consensus may finally have been
reached, with controversy replaced by excitement and high expectations for "what is to
come". Alas, the annexation proceeds to LaFCO....whereupon the City has 30 days to reach
agreement with the County, or the annexation dies! Hardly a position of strength.
And, finally, cities have the most to lose financially... and the stakes can be very high. For
the City, the financial implications of the TK Annexation are relatively insignificant. This
is not true of several much larger annexation areas; areas where our major commercial,
industrial, and residential expansions are to take place. Other cities undoubtedly have
similar plans, or will some day. We should not wait until our moment of greatest
weakness... when the 30-day clock starts ticking... to negotiate tax exchange in these areas.
Chances are, we will give up more than.necessary for all of the above stated reasons.
Therefore, we believe that we should insist upon entering into a dialogue with the County
at the earliest possible time to negotiate a new countywide property tax exchange
agreement. In doing so,we must recognize that we may have to agree to some compromises
and changes to past practice. However, if these compromises are reasonable, then we
should gain important benefits from the standpoint of consistency and predictability... and
by avoiding 11th hour power plays that are very difficult to defend against.
In formulating our position, we may wish to consider the concept of "fiscal neutrality
instead of the County's preference for "revenue neutrality", or even revenue enhancement.
Fiscal neutrality essentially means that the County should not "lose" in an annexation-'-but
neither should they gain. The standard tax exchange formula assures that the County will
retain its existing property tax base. With regard to sales tax, if for example the County is
deriving $75,000 in sales tax from an area, but is relieved of$50,000 is service provision as
a result of annexation, then the added pass through of property tax to them would be
$25,000. This would be the calculation under"fiscal neutrality". Under"revenue neutrality",
the County would get the entire $75,000. Obviously, there are a number of other
alternatives which we should discuss. What is most important, however, is that cities
develop a strategy.and proceed to discussions with the County in the very near future.
KH:kk
H:\ADMIN\KCH\C0UNTY2.TAX
00.0100
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-2
Through: Andrew J. Takata, City Manager Meeting Date; 8/8/95
From: Arther R. Montandon, City Attorney
SUBJECT: Millhollin Quarry
RECOMMENDATION:
That the City Council receive this brief report.
BACKGROUND:
The City Council requested a brief report on the Millhollin Quarr This report will
involve two aspects of this matter: One, the City's efforts to ensue mine operations
are not creating a nuisance, and foster closure and residential reuse of this property;
two, the litigation.
DISCUSSION:
1 . City Efforts
Attached is a brief outline history of the Millhollin Quarry prep red by Associate
Planner Gary Kaiser. This outline includes the substantial effort on the part of City
officials and employees to address the concerns of the citizen impacted by the
quarry's operation.
Since 1991, the City has gained dead agency status, obtaine revised financial
assurances and brought the nuisance activities associated with m ne operations into
control. In addition, Mr. and Mrs. Millhollin have submitted a residential reuse
development application which would result in the mine's closure,the site's regrading
to match natural surrounding topographical contours, and reu-se of the land for
residential uses.
The opponents of the quarry existence and operation appear to feel that the City has
not done enough fast enough and have file suit.
As set forth below, this suit has been costly to all and has yet to N ield the results the
quarry's opponents seek.
1 0003 +.
2. - The Litigation
The quarry's opponents, incorporated as the Santa Lucia Neighbors Association
(SLNA), filed suit against the City and Mr. Millhollin in November, 1994, claiming that
the City's action to approve an Interim Operations Agreement (I.O.A.) to be violative'
of the California Environmental Quality Act (CEQA), the State Mining and Reclamation
Act (SMARA) and resulted in a compensable taking of real property.
Motions were filed challenging the adequacy of the pleading three times. The last
motion resulted in a court order requiring rewrite of the suit by the SLNA. Another
motion to dismiss the suit has been filed by the City but has yet to be heard by the
court. The SLNA has also sought an injunction stopping quarry operation This was
denied by the court.
Mrs. Torgerson stated at the July 25 1995, City Council meeting that the State
Mining Board recommended the neighbors file a lawsuit. City staff have called the
Board's staff and asked if this was true. The Senior Compliance Engineer who has
worked on this quarry issue for the State adamantly stated he did not make such a
recommendation and doubted anyone else in the department would make such a
statement.
3. Quarry Status
The quarry still operates, and the IOA has expired. Mr. Millhollin and county staff
have stated their intent to operate within the quidelines of the IOA to minimize
neighborhood complaints. City staff have not formally or informally agreed to these
statements under my advice. City staff would react if the quarry's operations created
the nuisance activity of 1993.
SUMMARY
The parties to this litigation have spent, in my estimation, well over $25,000 in
attorney fees and costs, which would have been better spent addressing the closure
and reuse of the quarry site. Staff is now'trying to focus its efforts on this task,
which, quite frankly, has always been staff's goal.
ARM:cw
Attachment: Brief history of Millhollin Quarry, 8/1/95
2
Upp102
BRIEF HISTORY OF MILLHOLLIN QUARRY -- August 1, 1995
1945: Quarry established (prior to SMARA)
1980: County Approves Reclamation Plan (no "permit to
mine" required)
1991: Heightened public pressure for City to regulate
Quarry
April 1992: Council adopts Ordinance 242 Re mining & reclamation
June 1992: Atascadero certified by State Mining & Geology
Board as lead agency under SMARA
June 1993: Final Inspection Report (by Sierra-Pacific)
presented to City Council. . .Salinas River Pit
closed; Millhollin' s Rec. Plan & financial
assurances deemed inadequate; timeframe established
for Millhollin Quarry compliance
Sept. 1993: Revised Rec. Plan and financial assurances
received. . . Rec. Plan unacceptable, financial
assurances routed to State for review
Dec. 1993: Council grants add'1 time for Rec. Plan
preparation; financial assurances deemed
unapproved; Quarry to remain closed in interim;
City Attorney to report back Re legal options
March 1994: Council receives status report/legal options. . .
financial assurances approved; Council agrees to
continued negotiations with additional caveat for
Interim Operational Plan to address neighborhood
concerns
May 1994: Draft Operational Plan received but placed on hold
for public input
June 1994: First neighborhood meeting held
Sept. 1994: Second neighborhood meeting held
Sept. 1994: Interim Operational Agreement approved by Council
Nov. 1994: Writ of Mandate filed against City, Millhollins and
County by Santa Lucia Neighbors Assn.
March 1995: Closure & Residential Re-use Plan (current
tentative tract map application) deemed complete;
draft Initial Study sent to applicant for
consideration prior to environmental determination
000103
June 1995: Interim Operational Agreement expired; Superior
Court throws out CEQA and SMARA claims and denies
request for preliminary injunction
June 1995: Applicant notified of environmental determination
. . . notwithstanding additional info. provided, EIR
would be required for proposed closure plan.
June 1995: EIR determination appealed; applicant requests to
suspend appeal hearing until the September 12, 1995
Council agenda to allow EIR scope/cost to be
explored.
000104
MEET
I G AGENDA
DAT ITEMW
MEMORANDUM
To: City Council Date: 6/27/95
From: Andrew.J. Takata, City Manager
Subject: SLO County Cable/Telecommunication Consortium
As you are aware, since joining the SLO County Cable/T lecommunications
Consortium, I have appointed Brad Whitty, Finance Director, as the City's
representative to that committee. Subsequently, Councilmember Luna has suggested
the possibility of appointing a citizen that has contacted him tha has considerable
knowledge of the cable industry, in the place of a staff member.
In addition, 1 have also had a member of the public ,express interest in being
appointed. You have received a copy of a memorandum fro Rush Kolemaine
requesting appointment to the Consortium.
If the Council wishes to assign a member of the public to this committee staff
9 p ,
suggests that the Council consider either interviewing those intere ted, since there is
more than one, or maintain staff representation on the Consortium. Currently, to my
understanding, the members of the Consortium are involved from the staff level.
If you desire that this matter be placed on the agenda, please do not hesitate to call
me.
000105
REPORT TO CITY COUNCILi
CITY OF ATASCADERO Agenda Item
Meeting Datet 8/8195
Through: Andrew J. Takata, City Manager
Via: Steve Sylvester, City Engineer
From: John Neil, Assistant Cit En ineer
SUBJECT:
Curbaril bridge over the Salinas River
RECOMMENDATION:
Adopt Resolution No. 75-95 as amended by Council July 25, 1995.
DISCUSSION:
At the July 25, 1995 Council meeting, Council discussed Resolution 4o. 75-95 which
requested that CalTrans retain the temporary bridge on Curbaril Ave iue over the
Salinas River"following" the completion of the Highway 41 Realignment Project.
Since CalTrans had indicated that retaining the bridge in-place follov�ling completion of
the Highway 41 Realignment Project may jeopardize Federal funding for the project,
and since there would be considerable capital costs and maintenance costs associated
with retaining the bridge, the resolution was amended. Specifically, Resolution No. 75-
95 was amended to indicate that the City would like to have the temp rary bridge
remain in-place "until" the completion of the Highway 41 project.
Council directed staff to review the amended resolution with CalTran to assess the
Possible ramifications of its adoption. Jim Alessi, CalTrans' Project h anager for the
Highway 41 Realignment Project, indicated that adoption Resolution 4o. 75-95 as
ammended would not jeopardize the Federal funding for the Highway 41 Realignment
Project.
FISCAL IMPACT:
The temporary bridge on Curbaril Avenue over the Salinas River is owned and
maintained by CalTrans. There will be no costs incurred by the City f r keeping the
temporary bridge in-place until the completion of the Highway 41 Rea ignment Project.
ATTACHMENTS:
Attachment A - Resolution 75-95 as ammended by Counci� on July 25, 1995
N:WBNICURBARIL.R02
00010r
RESOLUTION NO. 75-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
SUPPORTING REQUEST THAT CALTRANS RETAIN THE
TEMPORARY CURBARIL BRIDGE STRUCTURE FOLLOWING THE COMPLETION OF
THE HIGHWAY 41 REALIGNMENT PROJECT
WHEREAS, Extraordinary rainfall in early 1995 rendered the permanent bridge
crossing on Curbaril Ave. over the Salinas River inoperable; and
WHEREAS, Due to the health and safety hazards posed by the lack of
emergency access in the absence of said bridge, a temporary bridge was put in place
by CalTrans; and
WHEREAS, The City of Atascadero is desirous of maintaining the best possible
emergency, bicycle, pedestrian and equestrian access across the Salinas River at the
Curbaril Bridge location;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero to request that CalTrans retain the temporary Curbaril Bridge structure
until the completion of the Highway 41 realignment project.
ON MOTION BY Councilmember , seconded by Councilmember
the foregoing resolution is hereby adopted on the following roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO:
ATTEST: GEORGE P. HIGHLAND, Mayor
LEE PRICE, City Clerk
APPROVED AS TO FORM:
10
ARTHER R. MONTANDON, City Attorney 000107
REPORT TO CITY COUNCIL Meeti g Date: 08/08/95
CITY OF ATASCADERO Agenda Item : C->
Through: Andy Takata, City Manager
From: tee Price, City Clerk
SUBJECT:
Ordinance No. 291 amending the Atascadero Municipal Code as it relates to
Planning Commissioner Terms.
RECOMMENDATION:
Adopt Ordinance No. 291 on second reading.
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000108
REPORT TO CITY COUNCIL Meeting Date: 07/25/95
CITY OF ATASCADERO Agenda Item : C-2
Through: Andy Takata, City Manager
From: Lee Price, City Clerk
SUBJECT:
Ordinance No. 291 amending the Atascadero Municipal Code as it relates to
Planning Commissioner Terms.
RECOMMENDATION:
(1) Waive the reading in full of Ordinance No. 291 .
(2) Introduce on first reading Ordinance No. 291.
BACKGROUND:
At the meeting of June 13, 1995, the City Council requested that staff bring
back an ordinance changing the expiration dates for Planning Commission members.
This is a result of the Council's recent decision to move the City's municipal election
from the date of the statewide primary (formerly in June, now in March) to the
statewide general election held in November.
DISCUSSION:
Planning Commissioners are appointed by the City Council for terms of four
years. If adopted, this ordinance will extend (for one time only) terms for five months
each, as follows:
Commissioner: Current Expiration Extended Expiration
Date: Date:
Jim Edwards 9-1-96 2-1-97
Sid Bowen 9-1-96 2-1-97
Donna Wallace 9-1-97 2-1-98
Roger Miller 9-1-98 2-1-99
Robert Johnson 9-1-98 2-1-99
(To be appointed) 9-1-99 2-1-00
(To be appointed) 9-1-99 2-1-00
Attachment: Draft Ordinance No. 291
000109
. ORDINANCE NO. 291
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF A►TASCADERO
AMENDING THE ATASCADERO MUNICIPAL CODE
AS IT RELATES TO PLANNING COMMISSIONER TERMS
The City Council of the City of Atascadero does ordain as follows:
Section 1 . Section 2-9.23 of the Atascadero Municipal Code is hereby
amended to read as follows:
Section 2-9.02 Members: Appointment: Terms of Office.
The City Council shall appoint members of the Planning
Commission.. by a majority vote of the entire Council. Two (2)
members shall be appointed for terms commencing September 1,
1995 and expiring on February 1, 2000. T,Fee (3) two (2) members
have been appointed for terms which she# expire Atigust 1, 1990
September 1, 1996, and few (4+ one (1) members have has been
appointed for a terms which sMR expires August 1 , 1992 September
1, 1997 and two (2) members have been appointed for terms which
expire September 1, 1998. These terms shall be extended to
Seef February 1st of the 1997, 1998 and 1999, respectively
fie• Gemmeneing September 1 , 1990,
,
1993, and two (2) members shall h appointed fOr fesur (4) y
tangs hieh shall-expire-SeptembeF ,�94. Gemmeneing
SeptembeF i 1992, L eFS ..hall be ., .,rote, fee thFe.. (2
VeaF teFms, whieh shall e)CpFe veptei beF 1, 1996, and +.a (24
mem he, hall hem appointed fOF fn.. (II) year to ffnS •wihie+h shall xpiFe
SeptembeF 1, . Thereafter, all terms shall be for four (4) years
and shall expire feUF (4) years after Sept.,.-r•h.,r on February 1 st of the
except those appointments made after the
commencement of the term to fill a vacancy or removal, in which case
the term of office shall be for the balance of the unexpired term.
Vacancies on the Commission occurring other than by expiration of
term shall be filled in the manner established by resolution for
appointments. All members shall serve at the pleasure of the City
Council.
Section 2. Section 2-9.08 of the Atascadero Municipal Code is hereby
amended to read as follows:
�. Section 2-9.08. Organization.
As of est February 1st annually, or as soon thereafter as is
000110
Ordinance No. 291
Page 2
feasible, the Planning Commission shall elect a chairman and a vice
chairman from among its members. The chairman shall preside over
meetings, appoint appropriate committees, sign resolutions and direct
the affairs of the Commission. In the absence of the chairman, the
duties of this office shall be performed by the vice chairman The
Commission shall conduct meetings pursuant to adopted rules for the
transaction of business, shall keep a public record of its resolutions,
transactions, findings, and determinations and shall hold regularly
scheduled meetings in the Rotunda Room, fourth floor, Administration
Build, 6500 Palma Avenue, Atascadero, every first and third Tuesday
evening at 7;3800 p.m., and on such other days, at such other times,
as may be designated in order for a special meeting. When the day
for any regular meeting of the Planning Commission falls on a legal
holiday, the meeting shall not be held on such holiday but should be
held at the same hour on the next succeeding day thereafter which is
not a holiday, or at such other time as shall be determined and noticed
by the Planning Commission.
Section 3. The Cit Clerk shall cause this ordinance to be published once •
Y
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. This ordinance shall go into effect and be in full force and effect
at 12:01 a.m. on the 31 st 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:
000111
Ordinance No. 291
Page 3
ADOPTED: CITY OF ATA"SCADERO
ATTEST: By:
GEORGE P. HIGHLAND, Mayor
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
APPROVED AS TO CONTENT:
STEVEN L. DE CAMP, City Planner
'10
REPORT TO CITY COUNCIL Meeth ig Date: 08/08/95
CITY OF ATASCADERO Agenda Item : C-
6
Through: Andy Takata, City Manager
From: Lee Price, City Clerk i
SUBJECT:
Ordinance No. 292 amending the Atascadero Municipal Cpde as it relates to
Parks & Recreation Commissioner Terms.
RECOMMENDATION:
Adopt Ordinance No. 292 on second reading.
l
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00011.3
REPORT TO CITY COUNCIL Meeting Date: 07/25/95
CITY OF ATASCADERO Agenda Item : C-3
Through: Andy Takata, City Manager
From: Lee Price, City Clerk
SUBJECT:
Ordinance No. 292 amending the Atascadero Municipal Code as it relates to
Parks & Recreation Commissioner Terms.
RECOMMENDATION.
(1) Waive the reading in full of Ordinance No. 292.
(2) Introduce on first reading Ordinance No. 292.
BACKGROUND:
At the meeting of June 13, 1995, the City Council requested that staff bring
back an ordinance changing the expiration dates for both Planning and Parks &
Recreation Commission members. This is a result of the Council's recent decision to
move the City's municipal election from the date of the statewide primary (formerly
in June, now in March) to the statewide general election held in November.
DISCUSSION:
In early 1995, the City Council adopted Ordinance No. 282 amending terms of
the Parks & Recreation Commission. This action staggered the terms and resulted in
making the expiration dates consistent with those of the Planning Commission. If
adopted, Ordinance No. 292 will extend all current Parks & Recreation Commissioner
terms by five months.
Attachment: Draft Ordinance No. 292
OODJL14
ORDINANCE NO. 292
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF A►TASCADERO
AMENDING THE ATASCADERO MUNICIPAL CODE
AS IT RELATES TO PARKS AND RECREATION COMMISSIONER TERMS
The City Council of the City of Atascadero does ordain as follows:
Section 1 . Section 2-13.03 of the Atascadero Municipal Code is hereby
amended to read as follows:
Section 2-13.03 Members: Appointment: Terms of Office.
The City Council shall appoint members of the Parks and
Recreation Commission by a majority vote of the entire Council.
There shall be seven (7) regular members of the Commission.
Commencing SeptembeF February 1, 19967, one member shall be
appointed to a three (3) year term, which shall expire September
February 1, 1999; and two (2) members shall be appointed to a four
(4) year term each, which shall expire SeptembeF February 1, 2000.
Commencing StembeF February 1, 1998, two (2) :members shall be
appointed to a three year term each, which shall expire SeptembeF
February 1 , 2001; and two (2) members shall be appointed to a four
year term each, which shall expire 6eptembeF February 1 , 2002.
Thereafter, all terms shall be for four (4) years and shall expire #eta (4)
, on February
1st, except those appointments made after the commencement of the
term to fill a vacancy or removal, in which case the :'term of office
shall be for the balance of the unexpired term. Vacancies on the
Commission occurring other than by expiration of term shall be filled
in the manner established by resolution for appointments. All
members shall serve at the pleasure of the City Council.
Section 2. Section 2-13.06 of the Atascadero Municipal Code is hereby
amended to read as follows:
Section 2-13.06. Organization.
As of August February 1st annually, or as soon thereafter as is
feasible, the members of the Commission shall electa chairman and a
vice chairman, who shall hold office for one (1) year. The chairman
shall preside over meetings, appoint appropriate committees, sign
resolutions, and direct the affairs of the Commission:. In the absence
of the chairman, the duties of this office shall be performed by the
vice chairman.
000115
Ordinance No. 292
Page 2
Section 3. 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. This ordinance shall go into effect and be in full force and effect
at 12:01 a.m. on the 31 st 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:
ATTEST: GEORGE P. HIGHLAND, Mayor
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
APPROVED AS TO CONTENT:
BRADY CHERRY, Community Services Director