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Home My WebLink AboutAgenda Packet 04/23/1996 * PUBLIC REVIEW COPY Please of Lem-y-& ATASCADERO CITY COUNCIL from c nt r REGULAR MEETING APRIL 23, 1996 CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM 7:00 P.M. George Ray George Harold David Luna Johnson GHighland Carden Bewley This agenda is prepared and posted pursuant to the requirements of Government code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include: A referral to staff with specific requests for information;continuance;specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are an file in the office of the City Clerk (Room 2081 and in the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior.to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. INTERVIEW SESSION - 6:00 P.M. W Floor Club Rm.): A. Interview applicants to the City's Building & Construction Board of Appeals (City Clerk recommendation: Conduct interviews) B. Resolution No. 27-96 - Appointing two members of the public to the Board of Appeals (City Clerk recommendation: Adopt) CLOSED SESSION - 6:30 P.M. K' Floor Club Rm.): 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of case: Santa Lucia Neighbors Association v. City of Atascadero 2. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: City Manager Employee organizations: Management; Mid-Management/Professional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees Intl. Union; Confidential Employees REGULAR SESSION - 7:00 P.M.: (Please see Rules of Public Participation, back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL SPECIAL PRESENTATIONS: • Proclaim "Volunteer Recognition Day April 23, 1996 • Proclaim "Day of Prayer", May 2, 1996 • Proclaim May, 1996, "Water Awareness Month" COMMUNITY FORUM: • Millhollin Mine Update 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 - March 26, 1996 (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES - April 9, 1996. (City Clerk's recommendation: Approve) 3. CITY TREASURER'S REPORT - February, 1996 (City Treasurer's recommendation: Review & accept) 4. CITY TREASURER'S REPORT - March, 1996 (City Treasurer's recommendation: Review & accept) 5. APPROVAL OF WARRANTS FOR THE MONTH OF MARCH, 1996 (Staff recommendation: Approve) 6. RESOLUTION NO. 26-96 - Declaring weeds a public nuisance and commencing abatement proceedings (Staff recommendation: Adopt) 7. RESOLUTION NO. 30-96 - Supporting and endorsing the Regional Water Management Mission Statement (Mayor's recommendation: Adopt) 8. RESOLUTION NO. 31-96 - Authorizing the execution of an agreement with A-Jay Excavating, Inc., to construct the reclaimed water extraction well, Phase II (Staff recommendation: Adopt) B. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENT, 3425/3505 EL CAMINO REAL A. Resolution No. 16-96 - Approving an amendment to the Land Use Map by redesignating certain real property at 3425/3505 EI Camino Real from Suburban Residential to Moderate Density Single-Family Residential and including the site within the Urban Services Line (Planning Commission recommendation: Adopt) 2 B. Ordinance No. 302 - Amending the official City zoning map by rezoning certain real property at 3425/3505 EI Camino Real from RS (Residential Suburban) to RSF-Y (Residential Single-Family Moderate Density) (ZC 95009/Verheyen) (Planning Commission recommendation: Motion to waive reading and introduce on first reading, by title only) C. REGULAR BUSINESS: 1. RESOLUTION NO. 28-96 - Authorizing an agreement to assign causes of action for the collection of unpaid tipping fees (would authorize IWMA to initiate litigation against the City of EI Paso de Robles on behalf of the City of Atascadero) (Staff recommendation: Review, consider & direct staff as appropriate) 2. DISCUSSION OF METHOD OF SELECTING CITY TREASURER (City Clerk recommendation: Provide direction) 3. ORDINANCE NO. 303 - Amending the official Zoning Ordinance text to create a new land use description of "mini-storage", designate "mini-storage facilities", "vehicle and equipment storage" and "recreational vehicle parks" as conditional uses in the Public zone and to revise the side setback requirements of the Public zone (Planning Commission recommendation: Motion to adopt on 2id reading, by title only) 4. ORDINANCE NO. 304 - Amending Chapter 13 to Title 6 of the Atascadero Municipal Code relating to the removal of weeds, rubbish and similar materials (Staff recommendation: Motion to adopt on 2nd reading by title only) 5. FINANCE DIRECTOR'S REPORT - Year-to-date ending March 31, 1996 (Staff recommendation: Approve) D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round Table 5. Finance Committee 6. Air Pollution Control District 7. North County Council 8. Ad Hoc Regional Water Management Committee 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 3 PUBLIC NOT/CE The City Council will adjourn to 7:00 p.m. Thursday, April 25, 1996, Embassy Suites, San Luis Obispo to meet jointly with the City Councils of the Cities of Paso Robles, San Luis Obispo, Morro Bay, Pismo Beach, Arroyo Grande and Grover Beach for the purpose of discussing issues of mutual concern. 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 agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). O Persons wishing to speak should step to the podium and state their name and address, for the official record. O All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. O No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. O A person may speak for five (5) minutes. O No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. O Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. O The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: O The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. O A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. O State law does not allow the Council to take action on issues not on the agenda; staff may be asked to follow up on such items. REPORT TO CITY COUNCIL Meeti g Dater 04/23/96 CITY OF ATASCADERO Agenda Item : 6:0 Interview Session Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: City's Building and Construction Board of Appeals RECOMMENDATION 1. Interview two candidates for the General Contractor position on the Board of Appeals 2. Adopt Resolution No. 27-96 appointing two members to the Board of Appeals BACKGROUND: The City's Building and Construction Board of Appeal consists of five members: two general contractors, one architect or structural engineer, one specialty contractor and one member-at-large. Two terms have expired; one general contractor and the architect/structural engineer. The City Clerk conducted a recruitment and solicited members of the public who are also qualified because of their profession to serve. Robert S. Fisher, who has served on the Board of Appeals for the past four years submitted his application. He is the architect/structural engineer member. Because there were 110 other applicants and Mr. Fisher remains qualified and capable of serving, the City Council unanimously agreed at their meeting of April the 9' to waive the interview process and appoint him. Two candidates have applied for the general contractor vacancy. John Vial, General Contractor and Lecturer, has served on the Appeals Board since 1988 and is willing to continue serving. Robert Reichek, local builder and real estate broker has also applied for the general contractor position: DISCUSSION: Following the interviews of Mr. Reichek and Mr. Vial, the City Council will be asked to select, by ballot, one candidate for the general contrac or member on the Board. Adoption of Resolution No. 27-96 will formalize the appoi tments. The two members will serve four year terms expiring on April 1, 2000. i Attachments: 3 Applications Ordinance No. 44 Resolution No. 27-96 , Ilk E; Please return to: r a s ��p CITY CLERK c~ie�a tn""is> r PR'p1 2 9199' E L R3 6500 Palma Avenue = • Room 208 �"""N'")t % Atascadero, CA 93422 I w CdIY G i+1�SCOFF ' CITY CI_t„RK S OFF"' F CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City. Mininum qualifications are subject to verification. Please fill out and attach the Supplemental auestioarraire for the advisory body you are applying for. NAME: :�Ef►�7 _ �I RESIDENTIAL ADDRESS: 4T,&gn Ayywuo Home Phone:AL4, -7134 MAILING ADDRESS (if differentia Work Phone: ,4 L,(4 POW Are you a resident of the City ofA scadero? �E How Long? I L �eA fz Are you a registered voter? Yes,/ No Social Security No. r5Ej 76 61-7 g- OCCUPATION: Z/-w T-I5eT EMPLOYMENT: Present or last employer's name, address and phone number: i M lw E7 O Position held and length of employment: 4J2z:1k1:o-,&T (.,� !J54'r, L-%ZC-)0r,0 10'x' 11V W esu EDUCATION: RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: 4.-tG��.,o ,�f2o►0.1tI✓LT _ L-I�-4-1'�'�'►d TH��-.17,oN�- This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application Page 2 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: i OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: ,{ �ow�r�►"►� �Q�� a� /�-t,,o�a�� - i�i�i'� -rte �i"tL A-V TP How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment -oK Other (specify): Giry Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: LDate: I CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE BUILDING & CONSTRUCTION BOARD OF APPEALS 1. Please indicate which position you are applying for: ❑ General Contractor ❑ Specialty Contractor Design Professional ❑ Member-at-Large 2. Please explain why you would like to serve as a member of the Board. 'bvi 1,rJ'!N o_p�i��T t't1��nj'S A►��' B►a!L{�'�„�-�. z 1?I'2�la 5 3 What qualities, experience and expertise would you bring to the Board? 1.©-r �,✓��u!'f�G'C�IZ,6.t. f3t7�10-�v�y �e..i►Dy S 4. What do you think is the purpose of the Uniform Building Code? �v�L�Z• �Fi.1�y'{')a ,'D,T.,�o �p-��c`T y t�►r�t��uA.t.rf�€5 � �r�tdss�flcr3 +��a�� haT��laL s Supplemental Application Board of Appeals Page 2 5. What is the difference between shall and may as it applies in the Uniform Building Code? U ,( tj it �uli-c.. i5 1Z>✓C1��4.�0 N11►-1 �s Gow�'TTeo ?_U H��*� f�✓L40 1�/�`r l✓�i 17 •1 �D:JS TO - 6. If there is additional information you would like to share about yourself, please use the following space provided (optional). I hereby certify that the foregoing information is true and correct. Signature: Date: / Iz�1 L - Please return to: i mix. �l CITY CLERK r i Tsui �•• rA v--, lFA pp6500 Palma AvenuePI1 0�1/` ` Room 208 MY Atascadero, Atascadero, CA 93422 _ _ Ci CITY Ci_criKi AOf CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City. Mininum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: �tak.1�� 1C.�1E1� RESIDENTIAL ADDRESS: l�• 1iC, co,�,q Home Phone: MAILING ADDRESS (if different): Work Phone: s,K,t_ Are you a resident of the City of Atascadero? How Long? 9sq�- tT_tiQs b-d Are you a registered voter? Yes, No I Social Security No. OCCUPATION: 60 ,Dipa-) K&. g-myncy— EMPLOYMENT: Present or last employer's name, address and phone number: scut _ e tip,o.�cn1 Lot Position held and length of employment: . r EDUCATION: -SA,,, f>i e&a UC–eA 1'Q r,6,4-- RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: f,A, Le5nssm. (g,Xusolue V"AGCt6tL g. � ��'ayn'n�f t�srr .elft r A.; SPNZ,1� ht�rA6c'e -"NAb(T Nft r r-9.0Nt�u+�1°.(t This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application Page 2 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: �e Fa?� tQ�tat�.i►t1�CC-mrEV- bf- - COMB' -TY C-l. C.4jts- excan'de P'lz iet- ci`Cf a kwum R^4 2La eQ yec twk,-Dl CAI- QOL,? ea., SpnVTS i Gopt� tltto1i��'I�. �1 I' i`1 S stem s ► P. (aQ�4LAA tow fuceA-e- OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: C 1 How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): 5 �c Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalt . rjury, the inf rmation on this application and attached supplement are true and cor ct Signature: Dater=f �/ CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE BUILDING & CONSTRUCTION BOARD OF APPEALS 1. Please indicate which position you are applying for: &f General Contractor ❑ Specialty Contractor ❑ Design Professional ❑ Member-at-Large 2. Please explain why you would like to serve as aC member of the Board. CaT4 R � -r M47 4c-�l( C TtdE (CLJ'k os�+uy.�asib`f `O-lJ2A V'%q e-7k VV—Z.70 5r--- Sal Q'b-r0C 11 7p"�itr-'-f7 L�.9Yr f1.L F Yk4T�i X1.7 Pte'("r .� mss. 3 What qualities, experience and expertise would you bring to the Board? l�4 A C �1trf Elk b1 BA`isT Q �i Q 7$ o M o �TtP%QQa-cam P*,-,t> V6Q.X> ung rt4-oc-L a9- Gam` s�L�`jeA ��pi9�D AcD Q2s�P��'cN �e��17�l�Car -Irk Lb 94zc)�ri -D Q-&0*9 c ZATc en3 � VILATEQ A-w' D Qf-,,/ko--,(2 AT key eXP64vekXGs "AP.-4 Atq to 4. What do you think is the purpose of the Uniform Building Code? T12 ild�►.9c, d c_� �c�.•.�T� �...9� 'r'�AE 20 aye.:. L- pgzl� C—Aj?.C-Ae—. Supplemental Application Board of Appeals Page 2 5. What is the difference between shall and may as it applies in the Uniform Building Code? `�N i1 t L" ��, N enc R R, �srv-o..� � � � Q.�b�x Qc►�4,�`c4't iV 4 l Q.a'Jrh A03 Q;!te-ls AS -VD -y J16�►\c ,.-M e00,, 6. If there is additional information you would like to share about yourself, please use the following space provided (optional). �21S2 b6F..j byD a�5A1 uC�►w2 �� c 3 I hereby certify that th oreg g infor ation is true d co ct. Signature: Date: - ROBERT.S.__REICHEK EDUCATION: CALIFORNIA POLYTECHNIC STATE UNIVERSITY San Luis Obispo, Califomia B.S. Construction Management: 1990 Honors/Activities: Outstanding College Students of America 1989; Dean's List, three quarters; Intercollegiate football and track letterman; Army ROTC; Pi Kappa Alpha. EXPERIENCE: REICORP CONSTRUCTION & INVESTMENTS San Luis Obispo, Califomia General Manager/Owner. Managed multi-million dollar commercial and residential construction company. Coordinated corporate operations, estimated, financed and scheduled projects, developed client base and supervised design staff. Acted as broker in property acquisition and land development projects. 1990 - 1995. SAVORINGS RESTAURANT Morro Bay, Califomia Owner. Created joint venture to purchase and operate 60 seat waterfront restaurant. Coordinated business operations, prepared feasibility analysis and market study, established bank and vendor credit lines, directed creation of menu, theme and decor. 1993 - 1995. VANIR CONSTRUCTION MANAGEMENT Sacramento, Califomia Construction Manager. Supervised construction of $16 million Atascadero State Hospital remodeling project.. Created and monitored Priavera-based CPM schedule Represented State of Califomia in transactions involving the prime contractor and s and federal regulatory agencies. 1989 - 1990. DAY CONSTRUCTION San Luis Obispo, California Design Consultant/Proiect Manager Estimated and designed projects as commissioned salesperson for residential remodeling company. Involved in marketing campaign employing market research, direct mail, print media, telemarketing and group presentations. Named top salesman 1986-89, resulting in promotion to construction manager. 1985 - 1989. ' PARROTPHENALIA San Luis Obispo, Califomia Owner. Operated retail exotic bird store. Controlled purchasing, accounting, sales, public relations and other business functions. Sold company for 300% of acquisition cost. 1983 - 1985. COMMERCIAL CONSTRUCTION CORPORATION Miami, Florida Assistant Project Supervisor Assisted on large-scale commercial projects for family- owned construction business. Supported project supervisor, prepared job logs, created daily material and labor schedules and performed clerical functions. 1980 - 1981. ACCREDITATIONS General Contractor, CA.; Real Estate Broker, CA.; Mortgage Broker, CA.; National AND Association of Mortgage Brokers; Association of General Contractors, Board AFFILIATIONS: Member, Habitat intemational. HEALTHCARE FACILMES Project: of patient areas and construction Other projects in the program at Atascadero State Hospital of a 40.000-square-loot addition. Atascadero include security Location: The$11 million project will be improvements, support areas, and Atascadero, California completed in early 1992. emergency electrical systems. Client: The Heating and Air Conditioning California Department of project involves construction of Mental Health $9.6 million in HVAC systems for Architect: Gagner , ers.Fong and Chan Architects, new and renovated spaces. Bobobrov:�% Thomas&Associates Construction of the systems is scheduled to be completed in May Construction Cost: $21 million s Atascadero State Hospital theCompletion: 1992 provides treatment for mentally 1990. disordered criminal offenders who Another major element of the are committed by the Courts and construction program at equire a maximum level of Atascadero is a$5 million Office security. Building Addition. The 45,000- The$29 million construction square-foot structure houses program consists of seven related offices and patient treatment renovation and addition projects at rooms. the 900-bed facility. The projects T ne Warehouse Expansion'project represent a phased approach to involves renovation of storage developing a unified maximum space and construction of a security facility within the 10,000-square-foot addition over VANIR Atascadero State Hospital. The the existing warehouse. The$1.2 Vanir Construction Manaaement,In-. largest of the projects,Ward million project is scheduled to 555 Capitol Mall.Suite 350 Remodeling, involves remodeling break ground in June 1990. Sacramento,Calitomia 95814 ` , �`'" ,Y,,�„'-,''�-• �/'3'�C :,a..:.:x -.,,,iia,'#-'i�"R%'uT��'�''^"'��+"2G` ..�'��; - � I , 11-10. 4unday,March 15,1992,Santa Marfa Times in �,..- .� ! � i ...•tie t r 1lmeslKaren Whito Planning a campaign to distribute brochures In the local executive director; VTC teacher Llsa Granada; and area are, from lett, Bob Reichek, owner, Relcorp Vocational Training Center clients Doug McLain, Chito remodeling; Kirk D. Spry, Vocational Training Center Silva and Rosemary Boberg. Reicorp J enablin the disabled By Karen White "I'm surprised at all the work that's delivery of the brochures. Senior Times Writer getting done. . .and they are so enthusias- Reichek added that he thought it would A group of clients at the Vocational tic," explained Bob Reichek, Reicorp man- be effective to deliver the brochures "in an Training Center in Santa Maria are learn- ager. old-fashioned.hand way"at every door. ing Elie joy of working for wages as they "Look, they are even staying on the The workers are being supervised at all distribute brochures for Reicorp Remodel- sidewalks." he added,as the workers went times and are wearing bright blue Reicorp ing of Arroyo Grande. door-to-door with his brochures as the T-shirts for easy identification.The T-shirts A group from the VTC's Day Training project started on Wednesday. also are designed to encourage team spirit. and Activity Center (DTAC) has taken on The youths started in Pioneer Village, The business owner said he would en- the project as one of its work components, getting their initial experiences in an area courage other businesses to consider the explained Kirk Spry, executive director at without through traffic. the center. Reichek said he got the idea alter being VTC for specific one-of-a-kind jobs. A team-approach is used as the six- involved in Special Olympics and realizing Spry stressed that the group involved in member group canvasses Santa Maria resi- the potential of the developmentally disa- this project is just one of several involved dential areas, supervised by their regular bled. in different programs within the center. teachers. He said that as a businessman, wurking The DTAC program is designed so The on-foot distribution program also is with the Vocational center is great, "they clients can develop general skills. There serving as a physical fitness component for make it easy."He said the VTC ran tests to also ace client groups who work "full time•' the DTAC group- establish a piece rate he is paying for at the center. AsPentagonan gypsy moths threatening forests i Terry IGTON cr b —A tear- two banes,sat In a wg elch4 room.ful Terry Cox described for Con- • the back of the hearing room. grew Thursday how the Defense The well-publicized case of Ter- Department took away lter quad- ry and Andrew Cox of St. Peters- WASHINGTON (AP) — The announcing the department rtplegic husband's military burg. Fla.. prompted. Congress government is declaring war will spend $14.4 million on health insurance, forcing her to last year to change a provision in on the Asian gypsy moth in the eradication afforts. sell her home and declare bank- military health care insurance Pacific Northwest In efforts to The Asian moth is similar to ruptcy. that affects 9.100 disabled veter- ho 4 off the kind n( fore=t the Fnrnnean evncv moth. _ — A. u• i i- ..� �+k'•� ? "� r._ '' t ti,� �.. -iv .xx i I.:. , z-etl:.". ? '�" " acationers ge �i t a boost wit . rvs t ea��trauel club r L MV £antral an(bSouth America- The-executive merica , Ffscaiini The•executivedirector. ;ramTribune axeapesW.6 broker and remodel. ,rt ing contractor with Reicorl) obert Reichek says he plans yr .-Palls the smaller trips"getout :•;k a of-the-house"events.These will brica travel as a social lu be wine tours,trips to baseball. lth the right lubrication he games and maybe even walks olid he can get 400 to 600 Cen- the beach. residents on buses, _ "Peoplelike to gettogether and planes.Well,not all at arounda reason,' Reichek saici� .�--; e time,but in smaller Bridge,line dancin&ojl paj;j,. Nof travel'lovers.: ing,business,books-_.- e other catch phrase of the Why not travel? To find out more about the"' executive director of the Cen ' -' CCTC or the mixei;.eall :oast Travel Club"We.will go, <. togethex'" bersm.theSorSo-year-0Id� _ Y have been meeting bi-month-' the library to share travel ex noes l2elchek mtetldS t0 Photo courtesy of ROUert REIChek ? i Tjr. ..y�st �+'r �r,x. "FNi.-. s€ ;�_, �' S•!_ .. ..: -. things up,introducing dues_ `r lalfAKMGFI;m R Wrtx eichek of..the-Centrat Coast Travel non-profit organization and ,° u x members yes,to arc�elfa while gcfiding strip in Guatemala :'s something that this area �S'on�Onto Sedona,Ariz: 161chek promises to fill 50 , badly,°'he said "Ifs away of 471N)Arid Ii�c3vs . Tg1keep the rooms,'a hotel-might pronuse people,bringingpeo- prices downy Volume,of course, : freemeals He Learned such + gethen>, and thie barter•system If tricks while leading tours ep organized by Re- _W shortdrive to the uis mpo.fo ad wenn a,".� oast;'�rauet Club, pmixerItwillbeheldfroll> j Wednesday,.March 2T spanso rrig a £ ..- food'D 'music and a re- , for$25 to join the club At l `' gularlybe$35: ;�� + '. . e`Foral>Yr oa Marsh cheksaidthatmembers-will discounts on personal tray, Mrtiisday,.March 27th„6 l0. working with local travel ' ” • ),low�ost professionally led., h C'omptfihentaM Hors d'oeuvres *No Host Bay :. tours the char ce.to panccf'h < " ` ZOZ LLve Remote*Prizes '. in local and state events,a newsletter.and ,'�b `r ve Musk liV sr . x '` �< 'x` K T"r8Ve1 Presentations; 'Il lie leading some of"the � - )limSplf;_Stich.aS a 14iay d�sooumts on al4 persongtavel x 6catin'g1Adventurous low cost fessonai kd•CCTC-towi'F " ` } A.Called Springtime Ill the s Fun local&state-"Getout of-thee House es." 'Ibrabout$199,he'Il 4., ,evrnljust for CCTC membeis u onto an Amtrak train for: 546-4809 day trek to the Grand Founded irr 1991 Non-Proftt Corgi 41;j_" For More i'nformatfon Please return to: IF M 19 flex � 121996 4 � CITY CLERK �; lain'. • rara} i 6500 Palma Avenue - Room 208 ' Atascadero, CA 93422 d C11Y(IF HTASCADERO CITY CLERK'S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE &COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City. Mininum qualifications are subject to verification. Please fill out and attach the Suppimnental Questionnaire for the advisory body you are applying for. NAME: John M. Vial RESIDENTIAL ADDRESS: 6000 Llano Road, Atascadero, CA 93422 Home Phone: 466-3153 MAILING ADDRESS (if different): same Work Phone: 461-1642 Are you a resident of the City of Atascadero? Yes How Long? 20 yrs. Are you a registered voter? Yes x No Social Security No. 5 -64-4999 OCCUPATION: General Contractor/Lecturer EMPLOYMENT: Present or last employer's name, address and phone number: The Timbersmith (self employed) Cal Poly, San Luis Obispo, CA 756-1323 Position held and length of employment: Geral Contractor (23 years) Lecturer (2 years) EDUCATION: A.A. Stagg Sr. High School, Stockton CA. , Diploma Received Cal Poly SLO, B.S. Industrial Technology, M.A. Industrial Arts U.C. Santa Barbara, PhD Educational Administration RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: Calif. Vocational, Comumity College and Secondary Credentials; Calif. State Contractors Licenses B-1, C-6, 8, 10, 33, 36. This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application Page 2 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: i i Current Member Atascadero City Board of Appeals, North County Contractors Association j f past board member and president, Rotary board member, past president and treasurer, j member Epsilon Pi Tau (I.T, professional fraternity) , scoutmaster and committee chairman, Troop 104, Boy Scouts of America. OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: Currently serving as member of City of Atascadero Building and Construction Board of Appeals How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): T cue Price e Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date: 3/11/96 I CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE BUILDING & CONSTRUCTION BOARD OF APPEALS 1. Please indicate which position you are applying for: a General Contractor ❑ Specialty Contractor ❑ Design Professional ❑ Member-at-Large 2. Please explain why you would like to serve as a member of the Board. To support our city and building department. To render fair and honest input to the board. 3 What qualities, experience and expertise would you bring to the Board? (see application) 4. What do you think is the purpose of the Uniform Building Code? To provide guidelines to the construction industry for the purpose of protecting the health and safety of the public. Supplemental Application Board of Appeals Page 2. 5. What is the difference between shall and may as it applies in the Uniform Building Code? "shall" implies that there are no exceptions, and 'Yna.y" implies that there could be some exceptions. 6. If there is additional information you would like to share about yourself, please use the following space provided (optional). None I hereby certify that the fo g ng inf 'rm ation is true and correct. Signature: Date: 3-12-96 .J� ORDINANCE NO. 44 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTIONS 8.04.230 AND 8.04.130 OF TITLE 8 OF THE ATASCADERO MUNICIPAL CODE RELATING TO BUILDINGS AND CONSTRUCTION AND ESTABLISHING A BOARD OF APPEALS The Council of the City of Atascadero ordains as follows : Section 1. Section 8.04.120 and 8.04.130 of Title 8 of the Atascadero Municipal Code are amended to read as follows: Section 8.04.120. Board of appeals established. In order to conduct hearings to determine the suitability of al- ternate materials and methods of installation, and to provide for rea- sonable interpretations of the provisions of this Code, there is here- by established a Board of Appeals. The Board shall consist of five (5) members, two (2) of whom shall be general contractors , one (1) one whom shall be an architect or structural engineer , one (1) of whom shall be a specialty contractor, all of whom shall be qualified by experience and training, and one (1) of whom shall be a member of the public who is not one of the foregoing. Members of the Board of Appeals shall be appointed by and serve at the pleasure of the City Council. The Building Official of the City shall serve as secretary ex-officio to the Board. In order to be eligible for appointment to the Board, the person shall live within the City. Terms of initial appointment shall be for a term of two (2) years for two (2) members , for a term of four (4) years for three (3) members with four (4) year terms for subsequent appointments. Each member of the Board shall be required to comply with the applicable provisions of the Political Reform Act of 1974, California Government Code Section 81000 , et seq. The Board shall adopt reasonable rules and regulations, subject to approval and adoption by the City Council, for conducting its business which shall conform to the requirements of the Ralph M. Brown Act, California Government Code Section 54950 , et. seq. , and shall render all decisions and findings in writing with a copy to the appellant. Section 8.04.130. Appeal procedure. Any person aggrieved by a decision of the Planning Department re- lated to any manner within the purview of this title, shall have the right to appeal the decision. The appeal shall be filed with the Building official within fifteen (15) business days after the render- ing of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing. Ordinance No. 44 - Board of Appeals 1 The secretary of the Board shall set the time and place for a hearing on the appeal, and notice of the hearing shall- be published in a newspaper of general ciculation and shall be given to the appellant by mailing it to him, postage prepaid, at his last known address, at least ten (10) calendar days prior to the date set for hearing. Any written reports to be made to the Board shall be filed with the Secretary of the Board and shall be made available to the Board and to the public no less than three (3) working days prior to the date set for the hearing. Any Department Head shall have the right to be heard on any matter coming before the Board. The decision of the Board on the appeal shall not become final until ten (10) working days after the Board has made its determination in order to allow time for an appeal to be made to the Council from the Board' s decision. Any party aggrieved by the determination of the Board shall have the right to appeal its determination to the Council. Such appeals must be filed with the City Clerk within ten (10) working days after the Board has made its determination. The Council shall set appeal fees to the Appeals Board and to the City Council by resolution. There shall be no charge for city- initiated appeals. Section 2. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atas- cadero News , a newspaper of general circulation, printed, published and circulated in this City in accordance with Section 36933 of the Government Code; shall certify the adoption and posting of this ordin- ance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after passage and shall termination three (3) years from its effective date on December 10 , 1981. The foregoing ordinance was introduced on October 26 , 1981, and adopted and ordered published on November 9 , 1981, by the following vote: AYES • Councilmen Highland, Mackey, Nelson, Stover, and Mayor Wilkins NOES: None ABSENT: None ROBERT J. WILKINS, JR. , Mayor iV 2 Ordinance No. 44 - Board of Appeals i ATTEST: Q MURRXY L/ ARDEN, City Clerk APPROVED AS O FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MU7Y WARDEN, City Manager 3 RESOLUTION NO. 27-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPOINTING TWO (2) MEMBERS TO THE CITY OF ATASCADERO'S BUILDING & CONSTRUCTION BOARD OF APPEALS WHEREAS, the City Council has adopted Ordinance No. 44 establishing the City Building & Construction Board of Appeals; and WHEREAS, the Board consists of five members, two of whom shall be general contractors, one whom shall be an architect or structural engineer, one of whom shall be a specialty contractor and one of whom shall be a member of the public-at large; and WHEREAS, two terms have expired on the Board of Appeals leaving one vacancy to be filled by a General Contractor and one vacancy to be filled by an architect or structural engineer; and WHEREAS, public advertisements soliciting interest in appointment to the Board of Appeals have been published and posted; and WHEREAS, the City Clerk did receive two (2) applications for the General Contractor position and one (1) application for the architect or structural engineer position; and WHEREAS, on April 9, 1996 the City Council did waive the interview process for the architect/structural engineer position and agree to appoint Robert S. Fisher to the Board of Appeals; and WHEREAS, the City Council did, on April 23, 1995, interview two candidates for the General Contractor position on the Board of Appeals and did then vote for specific nominations. NOW, THEREFORE, the City Council of the City of Atascadero does resolve to appoint the following citizens to a four (4) year term each expiring on April 1, 2000. as the General Contractor member. Robert S. Fisher as the Architect/Structural Engineer member. On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: Resolution No. 27-96 Page Two AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk By: GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R: MONTANDON, City Attorney I Atascadero Day of Prayer May 2, 1996 WHEREAS, May 2nd, 1996, is the Kiwanis Day of Prayer; and WHEREAS, In keeping with the objectives of Kiwanis International "to give primacy to the human and spiritual rather than the material values of life", Atascadero Kiwanis is sponsoring an interdnominational community-wide Prayer Breakfast on May 2nd, 1996 fro; 6:45 - 8:00 a, m. at the Atascadero Lake Pavilion; and WHEREAS, this event will bring together the many eligious con- gregations and the civic leaders for a nationally recogniz d day; NOW, THEREFORE, The Council of the City of Atasc deco hereby proclaims May 2nd, 1996 to be: "Day of Prayer I ----------------------------- y GEORGE P. HIGHLAND, Mayor City of Atascadero, California . Agenda Item: A-1 Meeting Date: 04/23/96 ATASCADERO CITY COUNCIL MARCH 26, 1996 MINUTES CLOSED SESSION: The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to: 1. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: City Manager Employee organizations: Management; Mid-Management/Professional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees Intl. Union; Confidential Employees 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION • Significant exposure to litigation: One (1) case Closed Session was adjourned at 7.05 p.m. There were no announcements. REGULAR SESSION: The Mayor called the meeting to order at 7:09 p.m. Councilperson Johnson led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner; Art Montandon, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Lt. John Barlow, Police Department and John Neil, Assistant • City Engineer CC 3/26/96 1j Page 1 1 t • PROCLAMATIONS: • "Month of the Child", April 1996 The Mayor proclaimed April the "Month of the Child". • "Teen Pregnancy Prevention Month", April 1996 t The Mayor read and presented the proclamation to Barbara Newsom, EOC Case Manager for the Teen Academic Program. Ms. Newsom announced that a workshop will be conducted on April the 17t''. COUNCIL COMMENTS: Eric Greening, 7365 Valle, commented that he would like to see the committee meetings for the Salinas River Conservation and Resource Management Plan moved to a night other than Tuesday, because they conflict with the City Council meetings. He also requested that the City Council consider holding a future meeting or workshop with constituents to discuss policies and/or guidelines for planned unit developments (PUDs). A. CONSENT CALENDAR: • The Mayor read the Consent Calendar as follows and announced that at the request of staff, Item #3 would be continued to a future meeting. 1. APPROVAL OF WARRANTS - February, 1996 (Staff recommendation: Approve) 2. BRIDGE DESIGN CONSULTANT SELECTION COMMITTEE FOR THE GARCIA AND SANTA LUCIA/LLANO BRIDGES (Staff recommendation: Make recommended appointments) 3. RESOLUTION NO. 23-96 - Authorizing contract with Xerox Corp. for an operating lease of photocopying equipment (Staff recommendation: Adopt) 4. RESOLUTION NO. 20-96 - Authorizing Memorandum of Understanding with the San Luis Obispo County Narcotics Task Force for effectively enforcing the controlled substance laws of the State of California (Staff recommendation: Adopt) 5. RESOLUTION NO. 21-96 Authorizing retirement of Police Department canine, Rommel (Staff recommendation: Adopt) CC 3/26/96 Page 2 6. RESOLUTION NO. 22-96 - Appointing a youth representative to the Parks & Recreation Commission (Staff recommendation: Adopt) Councilman Luna pulled Item #4 for questions. MOTION: By Councilman Bewley, seconded by Councilman Johnson to approve the Consent Calendar Items#1 , 2, 5 and 6; motion carried 5:0 by roll call vote. Re: Item #A-4. RESOLUTION NO. 20-96 - Authorizing Memorandum of Understanding with the San Luis Obispo County Narcotics Task Force for effectively enforcing the controlled substance laws of the State of California (Staff recommendation: Adopt) Councilman Luna asked what cost the City incurs to participate. Lt. Barlow reported that the City's cost is the cost of one officer, or $32,000, and explained that the Task Force reimburses the City for the cost. Responding to additional inquiry, Lt. Barlow also noted that the Police Chief serves on the Board and revenues as a result of any forfeitures are equally dispersed to all ten member agencies. MOTION: By Councilman Luna, seconded by COUNCILMAN CARDEN to adopt Resolution No. 20-96, motion passed 5:0 by roil caU vote. B. PUBLIC HEARINGS: None scheduled. C. REGULAR BUSINESS: 1. REPORT FROM S.L.O. COUNCIL OF GOVERNMENTS ON LAFCO ISSUES (S.L.O.C.O.G. recommendation: Accept report) Councilman Carden, Council representative and COG Vice President, reported that the LafCO issue will be on the COG's next agenda and requested Council input prior to the meeting. Mayor Highland commented that this item has been discussed at the county-wide mayor's group and will be discussed by the seven city councils at the joint meeting scheduled for April 25th. He explained that there is consensus amongst the mayors that there is a conflict of interest in having the County Administrative Office serving as the chairperson of LafCO. In addition, he continued, there is concern about how long annexations are taking to finalize and about the process by which the County and the annexing city negotiate the tax re- distribution. The Mayor concluded that a sub-committee is developing a standard • formula for tax re-distribution which could be applied equally to all annexations. Ron DeCarli, COG Executive Director, summarized the "white paper" included in CC 3/26/96 Page 3 the staff report and outlined the recommendations brought forward by the consultant. He suggested that the seven councils may wish to discuss these recommendations at the joint meeting on the 25th of April Council received the report, briefly discussed the recommendations set forth in the "white paper" concluded that most of the recommendations are already being implemented. 2. FINAL DRAFT S.L.O. COUNCIL OF GOVERNMENTS NEO TRADITIONAL PLANNING "MODEL" ORDINANCE SLOCOG Staff recommendation: Endorse as implementation tool for design op tions) Ron DeCarli provided background information and explained that COG staff was recommending that a consultant be hired to prepare a generalized model ordinance which would provide a neo-traditional planning tool to be used voluntarily by cities. Mr. DeCarli described various built-in incentives and noted that the ordinance would re-evaluate current design standards as they relate to residential and commercial development. He recognized that the ordinance may not be applicable to all jurisdictions, but some portions may be useful to cities. He indicated that the ordinance was intended to be a resource tool and noted that COG staff is willing to work with individual jurisdictions as they review it and determine its' applicability. Steve DeCamp observed that Atascadero's PD-7 Overlay Zone utilizes many of the guidelines in the model ordinance and noted that when the Downtown Master Plan was adopted, many of the neo-traditional concepts were incorporated. He suggested that the model ordinance, as presented, would provide a good opportunity at the Planning Commission level for creative input and comparison with present planned unit development ordinances. Councilman Luna commented that the model ordinance may be applicable to some of the mini-malls in the City and expressed interest in taking advantage of COG's offer of assistance. Councilman Carden expressed concern about the precedent that an endorsement would present and about increasing involvement by the COG. He speculated that if the model ordinance is endorsed, potential for mediating planning issues will follow. He also remarked that he opposes adoption of any guidelines that dictate how people must build their homes. Mayor Highland agreed and added that he sees little that would benefit Atascadero that hasn't already been adopted. Councilman Johnson voiced concern that incentives involving an increase in density may not be in conformance with the City's General Plan. CC 3/26/96 Page 4 Public Comments: Lindsay Hampton, 8402 Alta Vista, commented that she opposes a 5 to 7'/z% reduction in development impact fees during this time of fiscal crisis. ---end of public testimony--- By mutual consent, the City Council: 1) agreed to receive and accept the model ordinance as a resource tool only, and 2) directed the delegate to vote against endorsing the ordinance at the up-coming COG meeting. 3. ORDINANCE NO. 299 - Amending Map 23 of the official zoning maps by rezoning certain real properties at 9244-9248 San Rafael Rd. from RMF/10 to RMF/10 (PD7) (ZC 94007 - O'Reilly/Vaughan) (Planning Commission recommendation: Motion to adopt on second reading by title only) MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt Ordinance No. 299 on second reading; motion passed 3:2 (Bewley and Carden voting in opposition). Councilmembers Bewley and Carden clarified that their "No" vote reflected opposition to the Planning Commission's recommendation to eliminate one lot and noted concurrence with all other Conditions of Approval. 4. ORDINANCE NO. 301 - Amending the official zoning maps by rezoning certain real property at 6625 Navajoa Ave. from CP (Commercial Professional) to RMF 10 (PD#7) (ZC 95-010; Gearhart) (Planning Commission recommendation: Motion to adopt on second reading by title only) MOTION: By Councilman Luna, seconded by Councilman Carden to adopt Ordinance No. 301 on second reading; motion passed 5:0 by roll call vote. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports were given, as follows.): 1. Economic Round Table - Councilman Johnson reported that at the meeting of March 20', the Round Table received a status report on the Carlton Hotel. The developer, he noted, reported that the project is at a temporary stand-still but is still moving ahead pending long-term financing. 2. Finance Committee - Councilman Luna reported that the Finance Committee is awaiting the Mid-Year Budget Review. CC 3/26/96 Page 5 3. Air Pollution Control District - Mayor Highland reported that the APCD will meet Wednesday, March 27'. 4. North County Council - Mayor Highland announced that the Executive Committee meeting had been re-scheduled for April 18t', at which time it is planned that the water policy statement drafted by the Ad Hoc Water Regional Management Committee will be reviewed. He added that the statement will then be taken to the individual jurisdictions. 5. Ad Hoc Regional Water Management Committee - Mayor Highland reported that the committee will meet Thursday, April 4t''. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Johnson recognized local Boy Scouts in attendance. Councilman Bewley asked when the revised skateboard ordinance would come forward now that the skate park is open. The City Manager noted that staff is working on a draft. Councilman Bewley also announced that he will be absent from the meeting of April 9, 1996. Mayor Highland suggested that the skate park's name reflect that it is for in-line skaters as well. He also proposed signage indicating that when a lawsuit is filed, the park will close. This matter was referred to staff. 2. City Manager Andy Takata praised staff in the Community Services Department for efforts in carrying out several events over the past weekend, including the grand opening of the skate park. He also expressed appreciation to members of the City Council who contributed funds to the skate park. The City Manager also reported that the Board of Supervisors had approved a new, five-year contract with San Luis Ambulance for emergency response and explained that the City will be reimbursed approximately $70,000 per year for emergency response costs. At 8.20 p.m., the City Council adjourned the meeting. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, APRIL 9, 1996 AT 7:00 P.M. CC 3/26/96 Page 6 _ / 1 MINS C M�AW PARED BY: LEE PRICE, C.M.0 CITY CLERK • CC 3126/96 Page 7 Agenda Item: A-2 • Meeting Date: 04/23/96 ATASCADERO CITY COUNCIL APRIL 9, 1996 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Johnson, Luna and Mayor Highland Absent: Councilmember Bewley (excused) Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk • Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner; Doug Davidson, Senior Planner; Art Montandon, City Attorney; Geoff English, Recreation Supervisor; Brad Whitty, Finance Director and Sgt. Cynthia Reid, Police Department PRESENTATIONS: Proclaim April 1996 as "Public Schools Month The Mayor read and presented the proclamation to Mike McCain, who accepted on behalf of the local Masons. Millhollin Mine Update Steve DeCamp provided status on work currently being done on the amended reclamation plan and draft operations agreement. He explained that the matter will be brought forward in a few weeks. A. CONSENT CALENDAR: . 1. CITY COUNCIL MINUTES - March 12, 1996 (City Clerk's recommendation: Approve) CC 04/09/96 Page 1 • 2. RESOLUTION NO. 24-96 - Authorizing the execution of a Master Card Agreement with Mid-State Bank (Staff Recommendation: Adopt) 3. TENTATIVE TRACT MAP 21-89, 8555 EL CORTE - Reconsideration of a previously approved tentative tract map to include modification of the proposed lot configuration and the Conditions of Approval (Chalk Mountain Village Assoc./Bunnell) (Staff Recommendation: Approve) Councilman Luna pulled Item #2 for questions. MOTION: By Councilman Luna, seconded by Councilman Johnson to approve Items #A-1 & A-3 on the Consent Calendar; motion passed 4:0 by roll call vote. Re: Item #A-2. RESOLUTION NO. 24-96 - Authorizing the execution of a Master Card Agreement with Mid-State Bank (Staff Recommendation: Adopt) Councilman Luna asked staff to justify why the City needs to have a credit card • and requested the interest rate. Brad Whiny explained that because the card is paid off monthly, there are no interest charges accrued. He reported that the cards are used primarily by the department heads for travel, lodging and meals. MOTION: By Councilman Luna, seconded by Councilman Carden to adopt Resolution No. 24-96; motion passed 4:0 by roil call vote. B. PUBLIC HEARINGS: 1. 1996 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) - Consideration of CDBG allocation for Atascadero as part of the SLO County Consolidated Plan (Staff Recommendation: Approve) Doug Davidson, Senior Planner, provided the staff report and recommendations. He summarized the CDBG program and this year's applications. Dana Lilley, SLO County Planning CDBG Coordinator, was present to respond to questions. Paulo Hernandez was also on hand to provide Spanish translation services. Mr. Davidson explained that the County Consolidated Plan will 'go to the Board of Supervisors for final approval in two weeks. Council questions and comments followed. • Councilman Luna commented that while he does not support Application #8 (Program Administrator/Economic Development Manager), he could support the CC 04/09/96 Page 2 revolving loan fund (Application #7) if the Council receives an outline in writing of how the funds will be administered. Councilman Carden concurred and suggested that a follow-up agenda item be brought back before implementation that would establish various criteria. Mayor Highland mentioned that he feels that the emphasis should be on the downtown core. Councilman Johnson commented that he would not like to preclude other viable businesses simply because they are not in the downtown area. He explained that he supports approval of the Economic Development Manager position and spoke in favor of moving forward. Public Comments: Virginia Powers, 7505 Carmelita, encouraged the City Council to approve the Youth Center funding request, as recommended. Roberta Fonzi, 7880 Sinaloa, spoke in opposition to approving funds for the revolving loan fund and the Economic Development Manager. She observed that the CDBG program is to promote the upgrade of community housing. Mike Piwowarski , representing the EOC and its' application for Senior Home Repair Program (#15), summarized the numerous home repairs provided and spoke in support of funding. He reported that that other local jurisdictions and the County have approved funding. Alfred Fonzi, 7880 Sinaloa, shared concern that the Council may be giving public funds to private business if they approve #10 (Innovative Development Center) and voiced disapproval of allocating any portion of the City's grant to hire an Economic Development Manager. He suggested that the Council go back to the original purpose of the grant program. Leonard Brodders, representing Peoples' Self Help Housing, spoke in favor of approving Application #12 (Oak Leaf Homes) and expressed concern that the Council may be voting to approve a half-million dollars over the next four years if it approves funding the revolving loan fund. He stressed that the CDBG program is for housing. Sheree Ricketts, 7465 Sycamore Road, asked the City Council to approve the allocation for the Youth Center, as recommended by staff. Michael Blank, attorney for California Rural Legal Assistance, asserted that the Council is not awarding any money for purposes of affordable housing and proclaimed that the City is not following its own Housing Element. He explained that the Peoples' Self Help Housing project application has been before the Council for three years and no monies have been approved. Mayor Highland reported that the funds have to be spent by 1997 and asked the speaker if the project could be • ready by then. The speaker commented that he does not represent Peoples Self- Help and added that his understanding was that the money has only to be CC 04/09/96 Page 3 i t i appropriated. Doug Davidson clarified that there is some flexibility of about 6 months. A representative from the California Rural Legal Assistance spoke in support of the Peoples' Self Help Housing proposal Vicki Walker, Alcantara resident, commented that she would like to see more low income housing available in the City of Atascadero. i Terry Lynn Hardy, Lenore Vass and Rachel Sackbe spoke in support of Application #16 (Fire Safety at California Manor) and submitted a revised funding request breaking the project down into two phases; Phase I totaling $82,971 and Phase II costing $55,314 (on file in the City Clerk's Office). Deana Reynolds, Robin Renfro, Charles Prim, Victoria Randall, Alexa Adams and Wade Welsh spoke in support of Application #3 (Recreation Access Project (RAP)). Barbara Newsom, 5185 Atajo, spoke in support of the Teen Academic Program { (#18) and encouraged re-consideration. Stan Cherry, 5350 El Verado, spoke in support of Application #10 (Innovative Development Center) and urged approval. Dwight Huffman 5943 Traffic Way, explained that Application #10 is a non-profit, not private, enterprise and submitted a statement of support signed for four individuals (see Exhibit A). RaeBelle Gambs, 7460 Encinal Avenue, submitted a prepared statement advocating the funding of four housing programs. In addition, she commented that the Fire Exhaust System (Application #6) should be paid for out of the Fire Department or General Fund budget. David Low, resident and owner of the Casitas Motel at 5323 EI Camino Real, spoke in favor of his application (#14) for frontage improvements and encouraged the Council to support low-income housing. Joan O'Keefe, 9985 Old Morro Road East, commented that she was opposed to 1 funding the position of Economic Development Manager and stated that she considers it an abuse of the intended funds. She urged compassion to those who need affordable housing and suggested that staff work closely with applicants so that their requests meet the criteria and requirements of the CDBG program. Rush Kolemaine, 4850 Potrero Road, summarized his prepared statement (see Exhibit B). ---end of public testimony--- CC 04/09/96 Page 4 • The mayor called a recess at 8:55 p.m. At 9:07, the meeting reconvened. Councilman Luna suggested that the City Council recommend to the Board of Supervisors that they, because of regional benefit, include on the list of Special Urban Projects Applications #2 (Tot Lot Replacement Project) and #5 (Charles Paddock Zoo Aviary ADA Improvements) in addition to the Womens' Resource Center (#1 1), as recommended by staff. Councilmembers Luna and Johnson requested that, in the future, staff set the annual public hearing and allocation process earlier to allow ample time for review and consideration. Councilman Johnson commented that, as the chairman of the Economic Round Table, he supports the Economic Development Manager position. He also explained that he could support some minimal allocation to the Senior Home Repair Program. Councilman Johnson recommended to staff that they convey to applicants requesting a large sum of money to consider phasing their projects and project applications. Councilman Luna concurred with Councilman Johnson's recommendation to allocate some funds to the Senior Home Repair Program. • The following actions were taken: MOTION: By Councilman Carden, seconded by Councilman Luna to add Items #5 & 2 (in addition to the North County Womens' Resource Center #11) to the list of Special Urban Projects; motion passed 4:0. MOTION: By Councilman Luna to debit the revolving loan fund ($100,000) by $20,000 and allocate the $20,000 to the Senior Home Repair Program. Discussion on the motion: Brief debate ensued regarding the amount to be allocated. Motion amended: Councilman Luna amended his motion by changing the amount from $20,000 to $15,000; motion seconded by Councilman Johnson; motion passed 4:0. MOTION: By Councilman Luna, seconded by Councilman Carden to approve Items 1, 3, 4, 6, 10, as recommended by staff; motion passed 4:0. • MOTION: By Councilman Carden, seconded by Councilman Johnson to CC 04/09/96 Page 5 • approve Item #7 at 85,000 and Item #8 at 47,415 with staff direction to come back with proof that the projects will meet the necessary criteria; motion passed 3.1 (Luna). There was consensus that the Revolving Loan Fund shall be for the core business area, consistent with General Plan, with non-exclusive priority. 2. GENERAL PLAN AMENDMENT 95009/ZONE CHANGE 95011/CONDITIONAL USE PERMIT 95007, 1200-1800 EL CAMINO REAL (Christ Chapel/Levitz) A. Resolution No. 17-96 - Approving an amendment to the Land Use Map by including the properties designated Public from 1200 to 1800 EI Camino Real (Planning commission Recommendation: Adopt) B. Ordinance No. 303 - Amending the official Zoning Ordinance text to create a new land use description of "mini-storage", designate "mini- storage facilities", "vehicle and equipment storage" and "recreational vehicle parks" as conditional uses in the Public Zone and to revise the side setback requirements of the Public Zone (Planning Commission Recommendation: Motion to waive reading and introduce on first reading, by title only) • (Planning Commission Recommendation: Approve, subject to revised Conditions of Approval) Doug provided the staff report and recommendations to approve. Council questions and comments followed. Public Comments: Applicants Jerry Levitz and Marvin Souza spoke in support of the proposed project and outlined their vision for the project. Representing the applicants, John Faulkenstien of Canon Associates, availed him self for questions and requested approval. Richard Shannon, local real estate agent marketing the property on behalf of Christ Chapel, spoke in support and encouraged approval. Councilman Luna asked who would pay the costs of the wastewater pump station. Doug Davidson explained that the costs would be borne by the developer, who would enter into a reimbursement agreement similar to that of others, like the Factory Outlet. Jack Stinchfield, co-applicant (Elks Lodge of Atascadero), spoke in favor of the project and requested flexibility regarding the sewer system. He explained that full • installation of the sewer would require a pump station and burden the Elks with excessive costs to install the line. He requested that hook-up to the RV Park be CC 04/09/96 Page 6 deferred. • Lloyd Conner, 1375 El Camino Real, spoke in opposition to the application for a mini-storage facility so close to a residential neighborhood. The City Clerk read a statement of opposition to the zone change sent in by Mary Boysdorfer of 1325 San Ramon Road. Jerry Levitz spoke for a second time and addressed some of the concerns expressed. ---end of public testimony--- Doug Davidson clarified that the Conditions of Approval require sewer only to the mini storage site. MOTION: By Councilman Carden, seconded by Councilman Johnson to approve Resolution No. 17-96; motion passed 4:0 by roll call vote. MOTION: By Councilman Carden, seconded by Councilman Johnson to waive the reading in full and introduce Ordinance No. 303 on first ready by title only; motion passed 4:0 by roll call vote. MOTION: By Councilman Carden, seconded by Councilman Johnson to approve Conditional Use Permit 95007; motion passed 4:0 by roll call vote. 3. ORDINANCE NO. 304 - Amending Chapter 13 to Title 6 of the Atascadero Municipal code relating to the removal of weeds, rubbish and similar materials (Staff Recommendation: Motion to waive reading and introduce on first reading, by title only) Mike McCain summarized the primary revisions to the weed abatement policy and recommended adoption. Council questions and comments followed. Mayor Highland indicated support for revisions made to the letter to property owners. Councilman Luna requested clarification of language relevant to the destruction of weeds by burning. Chief McCain advised that it is unlawful) to burn standing grass and explained that property owners may burn trimmings pursuant to adopted burn regulations. There was no public comment. MOTION: By Councilman Johnson, seconded by Councilman Carden to CC 04/09/96 Page 7 1 waive the reading in full and introduce Ordinance No. 304 on first reading; motion passed 4:0 by roll call vote. 4. RESOLUTION NO. 13-96 - Approving the Solid Waste Franchise Agreement between the City and Atascadero Waste Alternatives, Inc. (formerly Wil-Mar Disposal, Inc.) (Staff Recommendation: Adopt) Brad Whitty provided the staff report and recommendation to adopt. He summarized the primary revisions to the franchise agreement and outlined rate increases as proposed by Atascadero Waste Alternatives, Inc. (formerly Wil-Mar Disposal Company, Inc.). Council questions followed. Andy Takata noted that the county of San Luis Obispo has increased their franchise fee from zero to ten percent. He noted that the City's franchise fee is recommended to remain at 5%. Public Comments: Michele Velasco, Recylcing Coordinator for Atascadero Waste Alternatives, provided an update on the recycling program. • David Smith, CPA representing Atascadero Waste Alternative, Inc., responded to inquiries regarding prudency review for capital investments and equipment costs associated with recycling and green waste pick-up. William Zimmerman, 6225 Lomitas Road, expressed concern about the rate increase and pointed out that there is no competition for the service. A Tiberon Circle resident also shared concern regarding the rate increase and requested clarification about an additional pay period. David Smith explained the new rate structure and schedule. He explained that there is a 9.59% overall increase in the cost for service. ---end of public testimony--- MOTION: By Councilman Carden, seconded by Councilman Johnson to adopt Resolution No. 13-96, motion passed 4:0 by roll call vote. C. REGULAR BUSINESS: 1. REPORT ON YOUTH CENTER SEISMIC RETROFIT FINANCING/FUNDRAISING PLAN (Staff Recommendation: Review and provide direction CC 04/09/96 Page 8 t Geoff English provided the staff report and summarized the building renovation funding plan. Staff is requesting endorsement of the plan as presented, he noted. Councilman Carden commented that he is still very suspect of the costs and asked if any other bids had been obtained other than that of the architect's. Geoff English reported that no other bids had been received and pointed out that historically the community comes forward with donations of labor and some materials for construction in projects like this. Councilman Carden indicated concern that actual costs will be higher than those proposed. Councilman Johnson agreed and pointed out that inflation will also drive up the costs over the number of years it will take to do the improvements. Geoff English suggested that some of the funds could be put aside in a Certificate of Deposit to help off-set inflation costs. MOTION: By Councilman Luna, seconded by Councilman Johnson to continue the meeting past 11 :00 p.m., motion carried unanimously. Public Comments: Rush Kolemaine, 4850 Potrero Road, speculated that the plan will not fulfill the needs of the community, but commented that he hopes that the City can accomplish it sooner than projected. Rick Mathews, 6950 Navarette Avenue, President of the Atascadero Recreation Center Committee (ARCC), urged the endorsement of the plan. He asserted that it provides a vehicle for fund-raising and the provision of a youth center. Joan O'Keefe asked how much of the City's funds have a ,§pent on the Youth Center to-date. Andy Takata added that the City spent for the escrow. Geoff English noted that the budget is presently balanced and clarified that the revenues are covering the expenditures. Ms. O'Keefe spoke in favor of the plan and mentioned that she supports continued efforts. Marj Mackey, 5504-A Tunitas Avenue, voiced support for renovating the building for the purpose of use as a Youth Center. She announced that she has sent for and received the necessary paperwork to apply to put the building on the National Register and pointed out that it meets the requirement. She requested permission to pursue by filing the documentation. Also speaking in favor of the plan for renovation and urging approval were Vallie Mathews, George Beatie, Susan Warren and Barbie Butz. • ---end of public testimony--- CC 04/09/96 Page 9 . Councilman Johnson indicated that his main concern is that the costs not be under-estimated. Councilman Luna emphasized that grant monies are an important part of the fund-raising efforts and proposed that City staff get together with Marj Mackey to pursue the application process for placing the building on the National Register. MOTION: By Mayor Highland, seconded by Councilman Luna to endorse and support the financing/fundraising plan; motion passed unanimously. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports were given, as follows): 1. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group - Mayor Highland reported that the County Water Advisory Group had met the previous week to review proposed revisions to the Agriculture and Open Space Element of the County General Plan as it relates to water. He also reported that the Nacimiento Water Purveyors Advisory Group met the same day. 2. Air Pollution Control District - Mayor Highland reported that the APCD would • meet the following day. 3. North County Council - Mayor Highland announced that the Executive Committee would meet on Thursday, April 181h 4. Ad Hoc Regional Water Management Committee - Mayor Highland reported that this group has adopted a Regional Water Management Mission Statement, which is on the agenda for the North County Council Executive Committee meeting on April 18`h. He noted that the ad hoc committee will also seek approval from the City Councils of Paso Robles and Atascadero, Templeton Community Services District and Atascadero Mutual Water Company. 5. Integrated Waste Management Authority - Councilman Luna reported that the IWMA had recently received a grant for the recycled oil program. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Highland announced that all seven cities in the County would be meeting on April the 25`h and requested that staff bring back for discussion the appointive versus elected City Treasurer on the next agenda. CC 04/09/96 Page 10 2. City Clerk: Update on Building & Construction Board of Appeals Recruitment The City Clerk reported that two terms have expired on the Board of Appeals and noted that one vacancy is for a general contractor member, while the other is for a structural engineer or architect. She indicated that there were two applicants seeking appointment as the general contractor member and the incumbent, Robert Fisher, has re-applied for the architect's position. The City Council agreed to: 1) waive the interview and re-appoint Bob Fisher to the Board of Appeals, and 2) interview candidates John Vial incumbent) and Robert Reichek at 6.00 p.m. on Tuesday, April 23'd just prior to the regular meeting. 2. City Manager Andy provided an overview of the next meeting's agenda. The meeting was adjourned at 11:31 p.m. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, APRIL 23, 1996 AT 6:00 P.M. MINUTES RECORDE2ANPREPARED BY: LEE PRICE, C.M.0 CITY CLERK Attachments: Exhibit A (innovative Development Center) Exhibit B (Kolemaine) Exhibit C (Gambs) CC 04/09/96 Page 11 CC4/9/96 EXHIBIT A Innovation Development Center "APlace for Success:" Notes for City Council Meeting of April 9th discussing allocation of CDBG grant funds received from HUD. Chairman of the Board of Directors of Innovation Development Center, Richard S. Lane : "We support this method of leveraging of Federal funds to improve the economic climate of Atascadero. We commend the City of Atascadero for it' s foresight and support of economic development and assistance for small business here. ", Director, Innovation Development Center, John Himes: "I strongly believe in the concept of a business incubator and believe that it will be a positive force in the economic development of Atascadero. " Director and Volunteer CEO, Innovation Development Center, Dwight Huffman: "We believe in the concept of a business incubator and its benefits to Atascadero by assisting small businesses to succeed. It should be noted that the CDBG funds are Federal funds and not City funds. " Shaku Daswani Huffman, Manager, Innovation Development Center: "By approving this grant, Atascadero remains a leader of economic development on the Central Coast since we have learned that almost every city in San Luis Obispo and Santa Barbara Counties is starting discussion of developing their own business incubator. We will provide the City with the stipulated reports in a timely manner. " 5943 Traffic Way, Atascadero, CA 93422 (805) '461 -1053 dhuffman@sionet.org • 411 CC4/9/96 - EXHIBIT B ` R. S_ KQ[emaine/P.o.sm 1990/At o/CA 93423-19W (805)468.8200 t egenoc@aa.com e TO- Atascadero City Council DATE_ 09 April 1996 SUBJ: 1996 CDBG Grant Applications / Gentlemen_ With reference to the staff recommendations provided you in their report on the above, 11 would like to make the following observations Ll A.. Requests#8 and#9.- The 9:The staff recommends, among other recommendations, Council approve a City application for funding in the amount of only $47,415 for "Econ DevdAdmin" (Request#8) for sic months funding i. for a City Economic Development Manager, including administration of tho CDBG program_ Staff later in it's report states that (a) this,request is similar, if not identical to Request #9 for $11.6,000 4 submitted by myself on behalf of the creation of an economic development capability within the City government,. and (b) further alleges that "other revenue sources will have to be found because administration and personnel is limited to 20%of the total[CDBG]grant.'"' Both of these statements leave much to be desired in a search for accuracy and clarity. For all it matters, precisely speaking, (a)the staff-generated application for$47,415 was generated as a duplication of my own application, first submitted in the CDBG cycle of two years ago, and(b).the proposed program fully complies with HUD guidelines: with regard to use of funds; including a $22,000 set-aside,for administration purposes. (see Application p.3) In simplest terms, the staff has clearly misunderstood the nature of the function as regards establishment of an Economic Development capability within the City._ As referenced in application Request #9,. the $116,000 (an increase from the $87,000 recommended;in 1994) meets national objectives as defined under s570.205 describing "eligible planning,, urban environmental design and policy-planning-management-capacity building activities" (Application p.4(a): federal wording) and is therefore exempt from the staffs perceived 20% limitation as defined under s570.206:As further stated in Request#9, "Specific planning activities would consist of data gathering, studies,;analysis, preparation-of plans and identification of actions,with initial emphasis on: comprehensive plans[s570.205(a)(1)], functional plans for economic development;[670.205(a)(3)(in1],-and other plans and studies [s570.205(a)(4)] including • strategic and action programs to implement plans, including but not limited tothe development of codes, ordinances and regulations. [s570.205(a)(4)(v)] and poicgplanning-manoagement-capacily building activities as provided.under[s570.205(a)(6)(1 through 5,inclusive)] ` Supplemental to this program,.,based on the results of the above, this program expects to seek additional CDBG and otherfunding: in future years to furfill° needs identified. as meeting CDBG requirements described undeirs570.208_7- The staffs error with this regard might be attributed to theAct that it'd members are unfamiliar' with the nature of municipal economic development, an activity never previously undertaken in the City of Atascadero, or a failure-to review the job description requirementt submitted through the City's Economic Task Force,but in either event, the City has needed this viltaal capability for several years, CDBG funding is available for this activity, and a continued failuree to sdequstely fund the . necessary staffing for this position can only prolong the City's current fiscal dilemma_ Accordingly, while I support the City staff application for the $47,415 in CDBG funding as i being better than a poke in the eye with a sharp stick, the full year(and subsequent annual available: funding for up to three years)funding of$116,000 would be preferable, and a wiser policy decision for the Council_ (Continued) n m - _ n -a, fy3^✓'�rF-Yom".,. `"doh, .qo` - -City COUXICK . . 09 April 1996, Page Two (Continued)'d Q B_ Request#7r. The staffs recommendations to, establish a revolving loan fund of $100,000, increasing eventually to$400,000 over the next four years, does parallel:a similar program undertaken by SLO County government and tentatively approved by the Board of Supervisors only this morning at about 11:30 am.. The Supervisors expressed &concern, which.I share;_.. this loan program meet federal guidelines requiring the establishment of at lust one job for a low income:person for each $35,000 loaned For their$100,000 in CDBG funds,the EVC proposes to create a total of seven(7)jobs,.an, unexplained number of positions: The supervisors have requested better explanation of this number and l type of jobs, plus a-clear and specific.-report on the actual results from their program.While I am wholeheartedly supportive of the:program in concept,I also expect to see such explanation of goals together with measurable results reported publicly and regularly_ For this reason,I feet t incumbent on the City to process loans;or establish criteria for County' processing, within parameters. that clearly define: the City's goals and"expectations, and CITY priorities, (as opposedto those of the County's EVC) if processing: isdone for the Atascadero Economic Development Commission by the County- EI C. Request#10- With regard to the third major grant application aimed toward economic rehabilitation of` Atascadero,Request#10, I have a personal misgivings with regard to the,extent tax money is provided to support a private enterprise. To the extent the-support for the HuSman private incubator activity meets with City goals expressed within the City's Economic Development Element, and provides a public/pnvate partnership effort supportive of these stated policies,I support this application of CDBG funds_ However,.to the extent this worthwhile endeavor is not directed toward specific objectives, as would be defined by a City Economic.Development Commission.and approved.by the City Council, I can not concur with any blanket endorsement of this enterprise, and.would.prefer to see some better •and'clearer linkage with this type of program with the Revolving Loan Fund to be provided in the above Request P. D. Q. Requests#1, #4 and#6 These requests, respectively requesting,'CDBG funds for City Hall,.Youth. Center and Fire Department building improvements totalling $ 65,660,.appear to stretch the,envelope of allowable or desirable.uses,for CDBCr funds, and do not appear to be worthy of City Council approval for these purposes_ Notwithstanding each of these may well be-worthwhile:projects;,their connection to real federal goals are clearly questionable, if not specious. Given the urgency of the City's other fiscall needs at this time]would recommend other funding sources be sought for.these_ Resec1-9 tfull P Y, I R_ S.K lemaine r 1 �� CC4/9/96 EXHIBIT C Apri 16, 1996 ayor George Highland City of Atascadero Dear Mayor Highland, This letter addresses agenda item B. 1., 1996 allocation of $248.600 in CDBG funds for the 7 projects recommended by the Planning Dept. To qualify for the CDBG program a project must: (1 ) benefit low income persons, (2) eliminate slums or blight, or (3) relieve urgent health / welfare threats to the community when other funds are not avai/a61e. I understand that only a portion of the total funds can be spent on projects that do not benefit low income persons. The 7 recommended projects appear to meet criteria -w2 or 03 fairly easily, and, if you really stretch it some meet 101. None of the projects provide direct visible housing benefit to a clearly identifiable group of low income families in the community. The 7 projects deviate significantly from recent policies, goals, and priorities established by the city. As an example, in its Housing Element of the General Plan Update (Resolution No. 04- 94), the City states that the primary focus of the Regional Housing Needs Plan is to provide ficient housing for low income persons because 56% of future housing needs are designated q�forlow to ver to income families ( . VI-9). Over 70% of these low income households are y � p overpaying the percentage of their income devoted to housing (p. V1-13). In response to low income housing needs, the City explicitly gives high priority to the use of its share of CDBG funds to: (a) rehabilitation of existing housing, (b) economic development/infrastructure improvements, (c) downpayment assistance, (d) land acquisition, and (e) special needs housing for the elderly (p. VI-54). To achieve these goals, the city proposes to work with for-profit and not-for-profit organizations and agencies to construct new units,convert existing units (p. VI-32), or rehabilitate existing units (p. VI-46) for low and moderate income families. I acknowledge that not all of the CDBG funds will be devoted to producing direct visible housing; however a responsible approach would be to use at least 50% of the annual CDBG funds to effect tangible housing relief for low income families. I strongly encourage you to consider 4 proposals which do provide housing benefits to identifiable groups of low income persons. These are: (1 ) Empire Apartments Access and Expansion, (2) Atascadero Casitas Motel Street Front Improvements, (3) Oak Leaf Homes Homeownership Program, and (4) Lost Oak Assisted Housing. Respectfully, Qae8elle Gambs 7460 Encinal Ave. Atascadero, CA Copies: members of Atascadero City Council REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda. Item: 3 Through: Rudy Hernandez; Uity Treasurer Meeting Date: 4/23/96 From: Brad Whitty, Finance Director SUBJECT: Treasurer' s Report - February, 1996 RECOMMENDATION: Council review and accept. Attachment: Treasurer's Report, February, 1996 f 000001 CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF FEBRUARY, 1996 GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN. BALANCE $588,092 5,477,879 544,445 $6,610,416 RECEIPTS669,226 0 0 669,226 DISBURSEMENTS (1,184,280) 0 (60,304) (1,244,584) TRANSFERS IN 300,000 0 300,000 TRANSFERS OUT (300,000) 0 (300,000) OTHERS 0 0 0 U ENDING BALANCE 373,038 5,177,879 484,141 6,035,058 DEPOSITS IN TRANSIT 31,545 CHECKS OUTSTANDING (190,532) ADJUSTMENTS 0 ADJUSTED TREASURER'S BALANCE $5,876,071 CITY OF ATASCADERO NANDEZ T 00000; ALL FUNDS-GENERAL ACCOUNTANVESTMENT RESERVED UNRESERVED CASH (1) CASH(2) FUNDS General Fund Pooled Cash 35,000 $436,836 Gas Tax Fund Pooled Cash 53,475 Development Fee Pooled Cash 37,632 Donations Pooled Cash 2,328 AD.#4-Reserve Pooled Cash 44,200 0 Zoo Enterprise Pooled Cash (25,896) Camino Real Reserve 12,818 92 St.AD.Resrv.Pooled Cash 2 Payroll Trust Pooled Cash 14,899 TRAN Repayment Pooled Cash 561,812 94 CDBG Pooled Cash 28,639 93 STBG-688 Pooled Cash 4,972 95 CDBG Block Grant 15,511 93 EDBG-268 Pooled Cash 15 COPS Fast Grant Pooled Cash (9,677) Dial-A-Ride Pooled Cash 59,881 Wastewater Fund Pooled Cash 739,473 Lake Park Pavil.Pooled Cash (23,142) Aquatics Pooled Cash (15,687) Recreation Pooled Cash (33,797) Tree Plant Fund Pooled Cash 32,911 Tree Assn.Fund Pooled Cash 22 Sidewalk Trust Pooled Cash 43,227 Emergency Services Pooled Cash (14,539) Police Training Pooled Cash (912) Weed Abatement Pooled Cash 35,318 AD.93 Redemptn.Pooled Cash 11,325 AD.#4 Redemptn.Pooled Cash 21,959 AD.#5 Redempta.Pooled Cash 56 Camino Real Redempt.Pooled Cash 47,273 92 Street AD.Redemptn.Pooled Cash 28,016 Santa Rosa AD.#7 (938) 89 COP Debt Svc.Pooled Cash 56,608 Capital Project Pooled Cash (146,783) Pol.Dev.Fees Pooled Cash 7,150 Fire Dev.Fees Pooled Cash 32,820 P&R Dev.Fees Pooled Cash 41,135 Drain.Dev.Fees Pooled Cash 428,090 Amapoa-Tec.Fee Pooled Cash 210,881 Public Works Pooled Cash 456,930 St.Main.Dist.Pooled Cash 43,702 TDA Non-Transit Pooled Cash 61,454 Sewer Facilities Capital 1,950,345 Camino Real Const.Pooled Cash 17,030 Las Enemas Const.Pooled Cash 17,350 3-F Meadows Const.Pooled Cash 14,085 Santa Rosa A.D.#7 Pooled Cash 58,121 TOTAL ALL FUNDS $819,644 $4,572,286 CASH WITH FISCAL AGENT Camino Real Resr.Cash 199,890 92 St.A.D.Resvr.Cash 45,957 Wastewater Fund Cash 41,868 Camino Real Redem.Cash 33 92 St.AD.Redm.Cash 3 89 COP Debt Serv.Cash 196,390 TOTAL WITH FISCAL AGENT $484,141 TOTAL OF ALL CASH $5,876,071 00000;3 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND February 29,1996 INTE:4EST TIME DEPOSITS: AMOUNT RECEIVED Orange County Investment Pool/TRAM $ -0- $1, 609 (6) Orange County Investment Pool -0- 51, 206 (6) Santa Lucia Bank C.D. 35, 000 0 Local Agency Investment Fund - Reg. 4, 509, 254 210, 156 Local Agency Investment Fund - TRAN 633, 625 (3) TOTAL TIME DEPOSITS $5, 177, 879 262, 971 Mid-State Interest Received 7, 281 TOTAL INTEREST RECEIVED $270, 252 (5) Notes: (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay a $1, 210, 000. The City must set aside $633, 625 in January and will again in June to repay the TRAM due on July 3, 1996 (4) February, 1996 interest yields were as follows: Orange County Not available LAIF 5. 64% Mid-State 2 .42% (5) This is actual amount deposited to City accounts and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. (6) On December 6 t 1994, Orange County filed a Chapter 9 bankruptcy with the courts . The City recognized a receivable of $1, 155, 283.04 against the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. 0000011 • REPORT TO CITY COUNCIL CITY OF ATASCADERO - Agenda. Item: Through: Rudy Hernandez, City Treasurer Meeting Date: 4/23/96 From: Brad Whitty, Finance Director SUBJECT: Treasurer's Report - March, 1996 RECOb lENDATION Council review and accept. Attachment: Treasurer's Report, March, 1996 000005 CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF MARCH 1996 GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN, BALANCE $373,038 5,177,879 484,141 $6,035,058 RECEIPTS 530,781 0 0 530,781 DISBURSEMENTS (809,284) 0 0 (809,284) TRANSFERS IN 150,000 0 150,000 TRANSFERS OUT (150,000) 0 (150,000) OTHERS 0 0 0 0 ENDING BALANCE 244,535 5,027,879 484,141 5,756,555 DEPOSITS IN TRANSIT 73,652 CHECKS OUTSTANDING (143,272) ADJUSTMENTS* (5,843) ADJUSTED TREASURER'S BALANCE $5,681,092 O ATASCADERO R Y HE City,T rer * COPS Fast Grant funds received at bank but not recorded on books. 000006 ALL FUNDS-GENERAL ACCOUNT/INVESTMENT RESERVED UNRESERVED CASH (1) A� SH(2) FUNDS General Fund Pooled Cash 35,000 $346,380 Gas Tax Fund Pooled Cash 54,620 Development Fee Pooled Cash 5,625 Donations Pooled Cash 2,794 A.D.#4-Reserve Pooled Cash 44,200 Zoo Enterprise Pooled Cash (35,277) Camino Real Reserve 0 12,818 92 St.A.D.Resrv.Pooled Cash 2 Payroll Trust Pooled Cash 29,571 TRAN Repayment Pooled Cash 561,812 94 CDBG Pooled Cash 28,639 93 STBG-688 Pooled Cash 3,913 95 CDBG Pooled Cash 15,421 93 EDBG-268 Pooled Cash 15 COPS Fast Grant Pooled Cash (13,118) Dial-A-Ride Pooled Cash 36,192 Wastewater Fund Pooled Cash 694,299 Lake Park Pavil.Pooled Cash (21,786) Aquatics Pooled Cash (15,846) Recreation Pooled Cash (38,845) Tree Plant Fund Pooled Cash 32,911 Tree Assn.Fund Pooled Cash 22 Sidewalk Trust Pooled Cash 43,227 Emergency Services Pooled Cash (17,550) Police Training Pooled Cash (2,236) Weed Abatement Pooled Cash 36,004 A.D.#3 Redemptn.Pooled Cash 11,755 A.D.#4 Redemptn.Pooled Cash 18,359 A.D.#5 Redemptn.Pooled Cash 56 Camino Real Redempt.Pooled Cash 47,273 92 Street A.D.Redemptn.Pooled Cash 28,284 Santa Ana A.D.#7 (938) 89 COP Debt Svc.Pooled Cash 56,608 Capital Project Pooled Cash (158,160) Pol.Dev.Fees Pooled Cash 10,037 Fire Dev.Fees Pooled Cash 41,761 P&R Dev.Fees Pooled Cash 58,044 Drain.Dev.Fees Pooled Cash 436,029 Amapoa-Tec.Fee Pooled Cash 219,095 Public Works Pooled Cash 471,887 St.Main.Dist.Pooled Cash 43,713 TDA Non-Transit Pooled Cash 61,454 Sewer Facilities Capital 1,906,315 Camino Real Const.Pooled Cash 17,016 Las Encinas Const.Pooled Cash 17,350 3-F Meadows Const.Pooled Cash 14,085 Santa Rosa A.D.#7 Pooled Cash 58,121 TOTAL ALL FUNDS $803,922 $4,393,029 CASH WITH FISCAL AGENT Camino Real Resr.Cash 199,890 92 St.A.D.Resvr.Cash 45,957 Wastewater Fund Cash 41,868 Camino Real Redem.Cash 33 92 St.A.D.Redm.Cash 3 89 COP Debt Serv.Cash 196,390 TOTAL WITH FISCAL AGENT $484,141 TOTAL OF ALL CASH $5,681,092 000001; INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND March 31,1996 INTEREST TIME DEPOSITS: AMOUNT RECEIVED Orange County Investment Pool/TRAN $ -0- $1, 609 (6) Orange County Investment Pool -0- 51, 206 (6) Santa Lucia Bank C.D. 35, 000 0 Local Agency Investment Fund - Reg. 4, 359, 254 210, 156 Local Agency Investment Fund - TRAN 633, 625 (3) TOTAL TIME DEPOSITS $5, 027, 879 262, 971 Mid-State Interest Received 7, 281 TOTAL INTEREST RECEIVED $270, 252 Notes: (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay a $1,210, 000. The City must set aside $633, 625 in January and will again in June to repay the TRAN due on July 3, 1996 (4) March, 1996 interest yields were as follows: Orange County Not available LAIF 5. 64% Mid-State 2 . 42% (5) This is actual amount deposited to City accounts and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. (6) On December 6th 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a receivable of $1, 155, 283. 04 against the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. U0000s REPORT TO CITY COUNCIL MeetingDate: 04/23/96 CITY OF ATASCADERn Agend Item: S Through: Andy "Ta.ka.t.a , City Manager From: Bradford Whitty, Finance Director SUBJECT-. Payment of Audited Dills and Payroll for the month 9a.rch, 1996 , RECOMMENDATION Approve certified City accounts payable, payroll axid payroll vendor checks for the month of March, 1996 _ Attached , for City Council_ review and approval . are the fol lowing: A, Payroll Period End 03/01r'96 Ck . #25072-25209 126, 662 , 50 Period End 03/15/96 Ck . #25236-25374 12 t 596 , 57 l B, Special Payroll Dated Ck . ® C, Payroll Vendors Dated 03/08/96 C.k, »25217-25233 55 ,986. 56 Dated 03/22_./96 Ck, #25380-25396 C Dated 03/31/96 nk c7-1 -55-7c D. Accounts Payable_ Dated '03/31/9h Cl: , «52665-5371 339 - 201 2. The undersigned certifies that the a.tta.ched demand, have been relea-sed for payment in the tota-1 amount. of $734, 310.84 and that funds are available for these demands . 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O f It :N 1 14 1 1 D vD 14 sA if .4 1 .0 1 r 13 r-N W I 3 -1 1 1 11 rJ 1 N 1 mOoOo- IN 1 O O .03 11 0 1 O 1 .4 IN JMWN 4.Z C* I c 0 Ch 1.1) -S It Y 1 I MC4 C*0C4 C* 0O CA 1 7 'A 7 0 It I 1 r I1 104'40000000 1 �A It N I N I C4C400Cl0 -JO o 1 m ro u I 1 I v O tt I I I It I I I A 11 I I 1 9 n I 1 1 0 110 1 0 1000000000 I C ' 11 O I 0 f 0 0 0 0 0 0 0 0 O 17 it I 1 I cr 11 n C4 1 C4 i I Z 11 C4 1 C4 1 1 D 11 +7 1 3 1 r?`J r N C4 1 .rr ' - 11 I•J f rJ i •7J O 0 0 0 IN 1 It O 1 0 1 d3C4JODCDNJI- AC, I D n r I I IMC4@OC4 *0 7)01 1 9 n I I i O 11 J 1 -4 1 "'-10000000 f r 11 N 1 !`J 1 C4C400C*0 -400 1 7 1t I I 1 t DDD_DD_ D_ DDD f .7 • o00000000ln D D D D D D D D D I P-4 .. .7.77i):7 •:) .7•:)•7 1 Ql 7v7v7G1v7v7v7v7v7 I � ' rnrnrnrnrnrnrnrnrn 1 r•• zzzzzzzzzln rnrnrnrnrnrnrnrnrn I cr 77 77 77 77 " 73 77 77 77 I �-'• ' DDDDDD DDD I O :7�4 V r*irn rrrirli v rnrn rrn rnrn 1 r G) vvvvvvvv 1 cern ==xzS = SS = 1 rn:''1rnr*trnr*lrnrnrn I D xxxxxxxxx i DCJ 0600I i i i REPORT TO CITY COUNCIL Agenda Item: /V,6 CITY OF ATASCADERO Date: April 23, 1996 Through: Andy Takata, City Manager From: Michael P. McCain, Fire Chief SUBJECT: Resolution No. 26-96 - Weed Abatement Program RECOMMENDATIONS: Recommend adoption of Resolution No. 26-96, declaring weeds a public nuisance and commencing proceedings for the abatement of said nuisances. BACKGROUND: City Ordinance No. 61 addresses the abatement of wee s, rubbish, and similar materials which constitute a fire hazard. Adoption of Resolution No. 26-96 is the first step in this annual program which requires Council action. The attached "Exhibit A" contains parcels which appeared to require weed abatement at the time of the first inspection by the lqre Department. Owners of those parcels will receive written notice of the abatement requirements. FISCAL IMPACT: Costs involved in administering this program are recove ed through the administrative fee charged to parcels abated by the City Con actor. ENCLOSURES: Proposed Resolution No. 26-96 Exhibit A Notice printed in Atasca.dero News 00001'7 RESOLUTION NO. 26-96 j RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO j DECLARING WEEDS A PUBLIC NUISANCE AND ESTABLISHING PROCEDURES FOR THE ABATEMENT OF SAID NUISANCES The City Council of the City of Atascadero, County of San Luis Obispo, State of California,DO HEREBY RESOLVE as follows: SECTION L That weeds growing or potentially could grow, and rubbish, refuse and dirt upon public nuisance and are hereby declared to be such, for the reason that such. weeds upon maturity will bear wingy or downy seeds,will attain such a large growth as me a fire menace when , will be otherwise noxious or dangerous, or will to become �'Y ' l could constitute $, stubble, brush, litter or other constitute or potentially �'y f P� y flammable material thereby creating a hazard to public health. The City Council of the City of Atascadero finds and declares that weeds on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of City and State law, provided, that upon any second and any subsequent occurrence of such nuisance on the same parcel orarcels within the samecalendaryear, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll. SECTION 2. A description of the parcels of lots of private property upon which, or in front of which, said nuisances exist, according to the official Assessment Map of said City of Atascadero, shall be posted annually in the office of the City Clerk and referred to as Exhibit A. 0 SECTION 3. The City Clerk is hereby ordered and directed to mail written notice of the proposed abatement to all persons owning property described in accordance with Section 6-13.04 of the Atascadero Municipal Code, Ordinance No. 61. SECTION 4. Pursuant to Section 6-13.06 of the Atascadero Municipal Code, the City Council shall hear and consider all objections or protests to the required removal of said noxious or dangerous weeds, or other combustible material. The City Clerk shall post a copy of the public hearing notice in accordance with the Ralph M. Brown Act. On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll-call voter AYES: NOES: ABSENT: ADOPTED 00001s , Resolution No. 26-96 Page Two ATTEST: CITY OF ATAiSCADERO LEE PRICE, City Clerk By:GEORGE P. MGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON,City Attorney 000019 NOTICE INVITING SEALED BIDS CITY OF ATASCADERO Notice is hereby given that sealed bids will be received at the office of the City Clerk, Administration Building, 6500 Palma, Atascadero, California, until 2:00 p.m. on May 8th, 1996, and will be opened and read for the public project hereinafter described. This contract is to begin June 5, 1996 and end July 17, 1996. The project shall consist of destroying noxious or dangerous weeds, or other flammable material found upon or in certain lots and lands in the City of Atascadero, and the removal of tree branches, rubbish, refuse and other waste materials as required by weed abatement regulations. All bids shall be submitted on forms furnished by the Atascadero City Fire Department, 6005 Lewis Avenue, Atascadero, CA 94322. MICHAEL P. McCAIN FIRE CHIEF OUOU�;O REPORT TO CITY COUNCIL Meeting Date:-04/23/96 CITY OF ATASCADERO Agenda Item ': A-7 i Through: Andy Takata, City Manager From: George Highland, Mayor SUBJECT: Resolution No. 30-96 supporting and endorsing the Regional Water Management Mission Statement. MAYOR'S RECOMMENDATION: Adopt Resolution No. 30-96 supporting and endorsing t e Regional Water Management Mission Statement. BACKGROUND: The Ad Hoc Regional Water Management Committee is a sub-committee of the North County Council and was formed to address mutual issues of concern regarding water resources in the North County. The Ad Hoc Committee has :)een meeting on a regular basis and has developed the Regional Water Management M ssion Statement. DISCUSSION: The Ad Hoc Committee plans to take the Mission ,Statement to the Executive Committee of the North County Council at their meeting on April the 18t' and is seeking their endorsement. The Cities of EI Paso de Robles and Atascadero, the Atascadero Mutual Water Company and the Templeton Communitj Services District will also be asked to take formal action to endorse and support the Regional Water Management Mission Statement. Attachments: Resolution No. 30-96 l i j I i 000022 RESOLUTION NO. 30-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ! ATASCADERO, CALIFORNIA, SUPPORTING AND ENDORSING THE REGIONAL WATER MANAGEMENT MISSION STATEMENT WHEREAS, the Executive Committee of the North County Council has appointed an Ad ;Hoc Regional Water Management Committee to address issues of regional water resource management; and WHEREAS, the Ad Hoc Regional Water Management Committee has developed a Mission Statement outlining their purpose; and WHEREAS, the City Council of the City of Atascadero is deeply concerned about the protection and preservation of water resources in the North County. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Atascadero does hereby endorse and support the following Regional Water Management ` Mission Statement developed by the Ad Hoc Regional Water Management Committee of the North County Council: REGIONAL WATER MANAGMENT MISSION STATEMENT • Support the establishment of a regional organization to provide for regional water resources management. • Support the development of the Nacimiento Pipeline Project as the primary project capable of serving the future needs of the urban communities. • Support the County Water Resources Advisory Committee in the study of the groundwater basins, particularly the Paso Robles Basin and its sub-basins, to better quantify available yield and demand on those basins. + Pursue additional studies and research to identify opportunities for additional regional water development, including but not limited to groundwater, recharge, water reuse, wheeling, transfers and marketing, • Support and pursue groundwater resources in the County for irrigated cropland uses, agricultural and rural uses; expanding urban development should rely primarily on reservoir and imported water resources where available. • The above shall in no way adversely impact legal water rights. OUOU2;3 Resolution No. 30-96 Page Two On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney OU001.. REPORT TO CITY COUNCIL Meeting Date:04/23/96 CITY OF ATASCADERO Agenda Item: -8 Through: Andrew J Takata, City Manager Via: Steven J Sylvester, City Engineer'-J From: John B Neil, Assistant City Engineer SUBJECT: Bid Award Reclaimed Water Extraction Well Project, Phase 2 Bid No. 96-02 RECOMMENDATION: Staff recommends the City Council adopt Resolution 31-96 awarding a contract to construct the Reclaimed Water Extraction Well Project, Phase 2 to JAY EXCAVATING, INC. DISCUSSION: Bids were solicited to provide a well pump at an existing extraction ell. Bids for the project were opened on April 16, 1996. The project is identified in the City's 1990 Sewer Master Plan and is a part of the Department of Public Works Year Capital- Improvement Plan: This phase of the work involves supplying and installing a pump at a existing extraction well constructed in Phase 1, together with the necessary piping to connect the well output to the existing reclaimed water system and also provi Jes the electrical supply and metering for this well pump and for two future extraction wells. It is anticipated that the water recovered by this well,and the future xtraction wells, will provide a high quality reclaimed water without excessive suspended solids and algae, which can be distributed without disinfection. This complies with a Reqional Water Quality Control Board recommendation for protecting the ground wa er supply and for providing a high quality reclaimed water to the golf course and other potential users. The Bid Summary prepared by the City Clerk and the itemized Bid Summary are included for reference along with an excerpt from the adopted 5-Year Capital Improvement Program. The bids have been checked for completeness and accuracy. The C ty Engineer finds the lowest responsible bidder to be A-JAY EXCAVATING, INC with bid of $100,936.00. The Engineer's Cost Estimate for the project was $15 ,000. 000025 Meeting Date: 04/23/96 Page 2 FISCAL IMPACT: The projected fiscal impact is as follows: Construction Bid $100,936.00 Contingencies @ 10°1° 10.093.60 Subtotal $111,029.60 Survey, construction staking, construction observation $ 11,500.00 TOTAL ESTIMATED COST $122,529.60 ATTACHMENTS: Attachment A Project Bid Summary Attachment B itemized Bid Summary Attachment C - Resolution No. 31-96 Attachment D - Excerpt from 5-Year CIP 93110RPT.ATA 000026 BID SUMMARY TO: Steve Sylvester, City Engineer North Coast Engineering FROM: Lee Price City Clerk/q BID NO.: 96-02 OPENED : 04/16/96 2:00 p.m. PROJECT: Reclaimed Water Extraction Well - Phase II (11) bids were received and opened today, as follows: Bidder Bid Amount A-Jay Excavating, Inc. 100,936.00 P.O. Box 554 Atascadero, CA 93423 Sansone Company, Inc. 102,712.50 1710-21 Fiero Lane San Luis Obispo, CA 93401 Dennis O'Brien 118,575.00 7210 Sycamore Road Atascadero, CA 93422 Whitaker Contractors, Inc. 119,560.00 P.O. Box 910 Santa Margarita, CA 93453 R. Burke Corporation 129,633.00 P.O. Box 957 San Luis Obispo, CA 93406 Tierra Contracting 129,760.00 P.O. Box 1717 Goleta, CA 93116 Wysong Construction Co. 130,625.50 8720-B EI Camino Real Atascadero, CA 93422 00002'7 Bid No. 96-02 Bid Results Page 2 Bidder Bid Amount Dechance Construction Co., Inc. 134,821 .00 P.O. Box 275 Arroyo Grande, CA 93421 R. Baker, Inc. 153,409.00 P.O. Box 419 Arroyo Grande, CA 93421 Spiess Construction Co., Inc. 163,794.00 P.O. Box 2849 Santa Maria, CA 93457 John Madonna Construction 173,525.00 P.O. Box.5310 San Luis Obispo, CA 93403 000028 RESOLUTION NO. 31-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH A-JAY EXCAVATING, INC. FOR THE RECLAIMED WATER EXTRACTION WELL PROJECT, PHASE 2 WHEREAS, the Reclaimed Water Extraction Well Project is idenfitifed in the 5-year Capital Improvement Plan and the current capital budget adopted by the City Council of the City of Atascadero, California; and WHEREAS, on April 15, 1996 sealed bids were publically opened for the Reclaimed xtraction Well Project, Phase 2 and A-JAY EXCAVATING, INC. was found to be the lowest responsible bidder; and WHEREAS, the public interest and general welfare will be served by construction of the Reclaimed Water Extraction Well Project, Phase 2. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Atascadero, California hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with A-JAY EXCAVATING, INC. in the amount of$ 100,936.00 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. 4. The City Engineer is hereby authorized to execute change orders 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 th of ' 19 AYES: NOES: ABSENT: ADOPTED: UUO0;( !) ATTACHMENT I'D" i SOURCE B Category H: WASTE WATER PROJECTS PROJECTS WITH FUNDING FY 93-94 FY 94-95 FY 95-96 FY 96-97 FY 97-98 TOTALS W 6 H- 101 EL 13ORDO FORCE MAIN/G.SEWER $354,400 $O $0 $0 S0 W 6 H- 102 REMOTE ALARM MONITORS 50,000 0 0 0 0 W 6 H- 103 LIFT STA#5 UPGRADE 0 0 418.000 0 W 6 H- 104 RECLAMATION FACILITIES 0 420,000 0 0 0 W 6 H- 105 WWTP FAC UPGRO PHI/PH2 200,000 1,000,000 1,000,000 0 0 W 2 H- 106 CEASE&DESIST AREA G 30,000 312,500 0 0 0 W 6 H- 107 PUMP STA#1 UPGRADE 100,000 0 0 0 0 W 6 H- 114 STATION#5 POND PAVING 0 0 0 250,000 0 W CENTRAL ALARM MONITOR COMPLETE FY 92-93 w RECLAMATION STUDY COMPLETE FY 92-93 W WWTP MAPPING COMPLETE FY 92-93 TOTAL $734,400 $1,732,500 $1,000.000 $668,000 $0 $4.134,900 DISTRIBUTION OF FUNDING WASTEWATER FUND $1,945,000 $1,710,600 $503,100 $28,100 (5114,900) ANNUAL INCOME(ESTIMATED) 500,000 525,000 525,000 525,000 525,000 TOTAL ANNUAL PROJECTS (734,400) (1,732,500) (1,000,000) (668.000) O ($4,134,900) WASTEWATER FUND FORWARD $1,710,600 $503,100 $28,100 ($114,900) $410,100 PROJECTS WITHOUT FUNDING 4 H- 110 WW PLANT EXPANSION ($1,440,000) TOTAL OF UNASSIGNED PROJECTS ($1,440,000) l ri I FIVE YEAR CAPITAL IMPROVEMENTS PLAN FY93/94 THROUGH FY 97/98 0 "'031$ PAGi] 00 0 0 0 0 0 0 o O o 0 0 0 0 0 Gh w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 pQ 0 0 O Cl) N Q O L O O O O O 1- Q O V O to O R Q O O O <D Q O N(0 Ol 1l M O Q U U M Q N O V (O r '- 0) N r N N 01 w Lo Q , Q c O M t- a O O N U 0) " 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W O o 0 0 0 0 o n o 0 0 0 0 0 0 X O 0 o 0 0 M 0 0 0 v O q0 0 0 0 0 0 0 0 0 O O c0 Q CO O O N O le N O N (B m co N O GO r r N N cc D t0 C a WOO O O O O O O O O O O O O 0 000 OO OoU O c0 R Oi 1n OONO NM Q M O M O M w rD- aJ NtD t0D) GD t- r r 01 t0- N r Nlh GD '- Om W (V< N m C O a O e n o m N O U �- _m N O o 0 0 0 0 0 o 0 o 0 0 0 0 0 w O O w O O O O O` O O M N (ON O 0 0 O UoO o � O d N N : Dn (a N 0i CC � 0) N coQ 0 Z C O U (o CO C r Z C) ti .. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w o 0 0 0 0 0 0 0 o in 0 0 0 0 0 �n U o 0 0 of 0 0 0 to' 0 n " o to 0 o ri Q O O O O N r` O O O O M 0 N t'.♦� N O O O N Q O O M N O m i() N 1� _ V r d O !9 O �M N r r N O Q0 O C) ~ (� EJ �c O Z O O` U (D Q o 0 0 0 0 0 0 0 0 0 o 0 0 o O O O O N O O O Un O N O O O O O } N U- tq U Oo 00 o Q o o uoi o 0 o N toD v Z r 7 a o 0 0 N v M 0 N N (V J o (o ro CN (A , F LLJ cu co W U) (n 92 w0 0 0 (�- O o o O o 0 0 0 0 0 0 (, o o o o o o o 0 o 0 00 o 09 rn O O v O O O M O O N N O O O NZ OO 0f� 0O0M0 (DOO OW) Cl) w N O cclc c0 N O ID ( M W Q Nn0 - - - O O H N C (My H N w ICT M 0 m = Q U a � v V t J L L 0 0 0 + 0 0 0 0 0 0 0 0 0 0 0 w o 0 0 0 0 0 0 0) N 0 0 0 o 0 0 w X O U o o ri �? o 0 o �i o 0 o 0 o 0 o p O o o (D (D o 0 0 o n o r m cc Ll (o (D Q Z Z UU) CN Z O (a z v a J J w J w w w J J J J w w w w X LLI Fw 'IT- Z o 0 0 0 o Q O ¢ N n l0) n M r N 0 < ° UJ m E o om0 a m 0 W L co w U m Q m ¢ U F N l0 _ac d 0 Z E - z w a c 0 a m E G D Z5 Y y n ¢ o T n C7 U Z m a n E c n U F ii x o a d D O E L of LD E 5 o CO° E w N FL @ LG _ (n 0 U N U 0 OU E a ° c a a c _@p 0m C) a c w w w (n r ¢ LL W W Cl ~ O m ItO (J O 000032 'M C O O O �[3 O O O O o o O O O O o i0 V-- O W O O O n O O O U0 O O O O O O O N O _ 0 O W lh N O O O N O O p O O O cr USm O in O O 0 N <o N V 1n O O r,-) (y n c7 m -o N c0 n cD N V N in l7 O (V j Q t- a- M OD ! v .- ri q r of .- C4 w N U N co c o 69 d O to a 0) ~ U r` c O N � 0 0 0 W) c) 0 o U') 0 0 0 0 0 0 0 U X Ur W 0 0 0 r> o 0 o N U 0 0 0 0 0 0 U O - C7 co O O O m w N N O O O to C MO N m O N O O N O W n W O1 d n l") cD N (7 LLi M CO N N (y Cj o d 0 j oa 0 0 0 0 0 0 0 0 o 0 0 o 0 o 0 0 as w o 0 0 U0 0 00 0 0 0 0 0 0 0 0 LO C N 0 o 0 0 4d o 0 6 o of ri ui vi o o L6m 0 � w O N n N N fo N N (p O a m 0 v iO co i0 v n co v In v_ w 0'0 m 0) o V C N J v' �o ri N v M ' cEE CD o rn o U U 20 0 0 0 0 0 0 0 o o 0 0 0 o o w o 0 o m o 0 0 0 0 m m9 a o 0 tiiD7 W F, mONb0 Nn W) to N 1N Q C ca IM O — O w 1n cn 7 N co Z O �' U 00 y N ca zh m 0 � r I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C3 w o 0 0 0 0 0 0 0 o 0 0 0 0 0 m o U o M 0 0 0 0 0 n co 0 0 0 0 0 0 o C o 0 so o n co 0 0 0 m N v in n i0 o to a w Of CD J o ao ui tO v v ri m C Q N F- CCF) in Z w fl- C — Q0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '1 w 0 0 0 0 0 0 o n m o 0 0 0 o U� o in U O U FrOo. w o N O N a — c0 v 1n 1� O Z w 'mm � LL O c0 N LLI W � apo j � Z - ate ,^ O 0 O 0 O O 0 0 O 0 O O 0 0 O O V = W O O O O O O O O O O O O O O O O o o 00 w oo o 0 o o w 0 0 0 a iO ao m o n <o m o N v 0 o o m c+� (n d O O v N c0 Octc0 N O N cc L'I N_ 0 0 (p N c Q Ci Q N N M N W U r o O _ a� ~ U a nr- M1) _ otoM w U 0) Q W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 O O co 0 VI O O 0 0 0 O 0 x N U O O 1n N 0 O In O f� O) N N Q O O O u� co v n co m n n n Z L LL O W Q co cc � N N In Z :3m J a N of w O CO O cu D U Q d U) !4 w Q LL Q Q Q LL LL LL LL Q Q Q Q XJ J W J W W W J J J J W W W W W N t.. 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Takata Meeting ate: 04/23/96 City Manager File Number: GPA 95006 ZC95009 via: � �Steven L. DeCamp, City Planner From:.VA) Doug Davidson, Senior Planner SUBJECT Consideration of a General Plan Amendment to include the subject property within the Urban Services Line (USL), chane the Land Use designation from Suburban Residential. to Moderate Density Single Family Residential, and change the Zoning Map from Residential Suburban (RS) to RSF-Y (Residential Single Family) RECOMMENDATION 1. Resolution 16-96 - Approve attached Resolution amending the a Land Use Map by redesignating certain real property at 3425/ 3505 E1 Camino Real from Suburban Residential to Moderate Density Single Family Residential and incl ding the site within the Urban Services Line. 2 . Ordinance 302 Read by title only and approve on first reading amending the Official City Zoning Map by rezoning certain real property at 3425/3505 El Camind Real from RS (Residential Suburban) to RSF-Y (Residential Single Family Moderate Density) . BACKGROUND: On March 19, 1996 and April 2, 1996, the Planning Commission con- ducted public hearings on the above-referenced applications (see the attached minutes excerpts) . After discussion, the Planning Commission recommended approval of the General Plat Amendment and Zone Change requests. Attachments : Resolution 16-96 Ordinance 302 Planning Commission Staff Report April 2, 1996 Minutes Excerpts - March 19, 1996 Minutes Excerpts - April 2, 1996 000035 RESOLUTION NO. 16-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY REDESIGNATING CERTAIN :REAL PROPERTY AT 3425/3505' EL CAMINO REAL FROM SUBURBAN RESIDENTIAL TO MODERATE DENSITY SINGLE FAMILY RESIDENTIAL AND INCLUDING THE SITE WITHIN THE URBAN SERVICES LINE (GPA 195006: VERHEYEN) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan,_ which was prepared in the 1970 ' s, adopted in 1980, and amended in 1992 to guide the City s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on March 19, 1996; 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 amendment recommended by the' Planning Commission is consistent with the goals and policies of the General Plan. 2 The proposed General Plan amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adequate. 3 . The proposed extension of the Urban Services Line will not overburden the City' s sewer plant or collection system and will not adversely affect sewer service to other priority areas, specifically cease and desist locations . THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA #95006 as follows: 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . 000036 Resolution No. 16-96 Page 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: DATE ADOPTED: CITY OF ATASCADERO, CA GEORGE P. HIGHLANID, Mayor ATTEST: i LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 000037 p =a v d-g eu � ! nti ORDINANCE NO. 302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF' ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING! CERTAIN REAL PROPERTY AT 3425/3505 EL CAMINO REAL FROM RS (RESIDENTIAL SUBURBAN) TO RSF-Y (RESIDENTIAL SINGLE FAMILY MODERATE DENSITY) (ZONE CHANGE 95009 - VERHEYEN) 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 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 March 19, 1996 and has recommended approval of Zone Change 95009 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings. 1 . The proposal is compatible with the surrounding land use and zoning designations. 2 . The proposal is consistent with the General Plan Land Use Element. 3 . The proposal will not result in any significant adverse environmental impacts; the Negative Declaration prepared for the project is adequate. Section 2 . Zoning Map. The City' s Official Zoning Map is hereby amended to reclassify the parcel listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Assessor' s Parcel Map #s 049-163-029 and 032 Parcel 3 of P.M. CO 69-32 and Lot 101, Block 19 00003` l Ordinance No. 302 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, 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 000040 ORDINANCE NO. 3o2- EXHIBIT A Page of 3 \ T �y• \ avE ��V► ►�d�'PGON �J 7� \ �Ayp V `Q<— 1!^� FRO ' `A� • � M � �'� /ASF y �� r•� ++ �•� TAS LLQ,---1 � I � I � � yia r'G►YVC , � I � � 41 NO J cy -t i lot ao I I a i Ai VfMA0 A;COP� - New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged 0000,}1 MINUTES EXCERPTS CITY OF ATASCADERO PLANNINQ C MMI I N 4/2/96 ACTION MINUTES SUBJECT: B. HEARINGS APPEARANCES, AND REPORTS 1. GENERAL PLAN AMENDMENT 95005/ZONE CHANGE 95009: Reconsideration of a General Plan Amendment to include the subject property within the Urban Services Line (USL) , change the Land Use designation from Suburban Residential to Moderate Density Single Family Residen- tial, and change the Zoning Map from Residential Suburban (RS) to RSF-Y (Residential Single Family) . Subject property is located at 3425/3505 E1 Camino Real. (William and Martha Verheyen) (Peters Engineering) . STAFF RECOMMENDATION: (Davidson) Staff recommends the following actions : 1. Find the Negative Declaration prepared for the project adequate under the provisions of the California Environmental Quality Act; and, 2 . Approve Resolution #16-96, including the subject property within the USL and changing the Land Use designation from Suburban Residential to Moderate Density Single Family Residential (Attachment G) ; and, 3 . Approve Ordinance #302, changing the Zoning Designation of the subject property from RS to RSF-Y as contained in Attachment H. TESTIMONY: Joan 0' Kee e, 9985 Old Morro Road East, spoke against approval of the General Plan Amendment and submitted a written statement, which is attached to the minutes . Denny Peters, Peters Engineering, the applicant' s representative expressed that this is the most nonconforming parcel in the area. The project represents the right kind of planning and a neighboring lot is doing the same kind of project. Commissioner Johnson expressed that we need the right kind of planning. He expressed the following concerns : 1) the study area should be of the whole area and not limited to one large lot; 2) the City' s Waste Water Treating Facility is approaching capacity; and 3) the Commission should look to the future and plan for impacts . This piecemeal approach is not the way to go. (page 3 of 8) 000011") Planning Commission Meeting, April Z, 1996 Commissioner Bowen expressed that "piecemeal approach" to development relative to CEQA generally applies to boundary zones where you are pushing out from the edge of a developed community into areas that are undeveloped. In this instance, however, the character of the neighborhood is consistent with the character of what the applicants want to do with their property. The only real issue is an issue of engineering (i.e. , whether the sewer system is capable of handling it at this moment) . He reminded that the Commission' s charter is to recommend and the Council decides how to utilize resources. Commissioner Wallace expressed that she reconsidered her second to the motion at the last meeting which determined the negative declaration to be inadequate. She agreed that the study area should be expanded. In this case, we are not talking about leap-frogging, '; just extending. ACTION: Find the Negative Declaration prepared for the project adequate under the provisions of the California Environmental Quality Act. Motion: Wallace Second: Bowen AYES: Wallace, Bowen, Sauter, Edwards NOES : Hageman, Johnson, Zimmerman ABSENT: None MOTION PASSED: 4-3 ACTION: Approve Resolution #16-96, including the subject property within the USL and changing the Land Use designation from Suburban Residential to Moderate Density Single Family Residential (Attachment G) . Motion: Wallace Second: Bowen AYES : Wallace, Bowen, Sauter, Edwards NOES : Hageman, Johnson, Zimmerman ABSENT: None MOTION PASSED: 4-3 (Page 4 of 8) 000043 ITEM :—B . 1 M E M O R A N D U M DATE: April 2, 1996 TO: Planning Commission FROM: Doug Davidson, Senior Planner SUBJECT: General Plan Amendment 95006/Zone Change 95009 On March 19, 1996, the Planning Commission held a public hearing on the above-referenced item. After taking public testimony, the Commission voted unanimously (6:0) that the Negative Declaration prepared for the project was inadequate. The Commission was concerned about fostering a piecemeal approach to extending the boundaries of the Urban Services Line - further environmental review should be conducted on the impacts of future sewer service in the area around the subject site. The major uncertainties were the growth inducement impacts of extending the sewer and the capacity of the sewer treatment plant and collection system. After the hearing was closed, the Commission decided to reconsider its prior determination and schedule a new public hearing. Staff has mailed notices to the neighborhood and other concerned parties advising them of this action. The recommendation for project approval from Planning staff and the Chief of Wastewater Operations remains unchanged. Attachments : Staff report 000044 CITY OF ATASCADERO Item: B . 2 STAFF REPORT FOR: Planning Commission Meeting Date: March 19, 1996 BY:;l,',�oug Davidson, Senior Planner File No: GPA 95006/ZC 95009 SUBJECT: Consideration of a General Plan Amendment to include the subject property within the Urban Services Line (USL) , change the Land Use designation from Suburban Residential to Moderate Density Single Family Residential, and change the Zoning Map from , Residential Suburban (RS) to RSF-Y (Residential Single Family) . RECOMMENDATION• The Commission should make the following recommendations to the City Council: 1. Find the Negative Declaration prepared for the project to be adequate under the provisions of the California Environmental Quality Act; and , 2. Approve Resolution #16-96, including the subject property within the USL and changing the 'Land Use designation from Suburban Residential to 'Moderate Density Single Family Residential (Attach. G) ; and, 3. Approve Ordinance #302, changing the Zoning designation of the subject property from RS to RSF-Yi,as contained in Attachment H. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . . .William and Martha Verheyen 2. Representative. . . . . . . . . . . . . . . . . . . . . . . . .Peters Engineering 3. Project Address. . . . . . . . . . . . . . . . . .3425/3505 E1 Camino Real 4. Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.94 acres 5. Zoning. . . . . . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban.) 6. General Plan Designation. . . . . . . . . . . . .Suburbian Residential 7. Existing Use. . . . . . . . . . . . . . . . . .Single Family Residence ( 1) 8. Environmental Status. . . . . . . . . . . . . . . . .Negative Declaration 1 000045 ANALYSIS• The analysis will focus on the potential impacts of extending the USL and the implications of future one acre lots on the surrounding land use pattern. The proposed extension of sewer service would not "leapfrog" into surrounding areas - the USL would be extended northerly from its current limit to include the subject property. According to the Chief of Wastewater Operations, the extension of sewer service to this site will not overburden the city' s sewer plant or collection system. Nor will the extension of sewer affect the serving of priority areas, particularly cease and desist areas. These are the two findings required by the General Plan in order to extend the USL. In conjunction with the USL extension, the applicant is requesting that the site's density be increased from Residential Suburban to Moderate Density Single Family Residential (RSF-Y) . This property would then become the dividing line between the RS zone to the north and the RSF-Y zone to the south on El Camino Real and San Anselmo Road. With sewer available, the RSF-Y zone allows for one acre parcels, as opposed to the current minimum lot size in the RS zone of 2 and 1/2 acres. The two existing parcels are eligible for three 2 1/2 acre lots under the current zoning, as opposed to 8 one acre lots under the proposed zoning. The applicant has prepared a preliminary tentative map (Attachment D) portraying the planned subdivision. The surrounding properties are characterized by similar one acre residential parcels, both those inside and outside the USL (see Attachment C) . In addition to the adjacent property to the south discussed below, the five acre parcel to the east was subdivided into one acre lots in 1995. The 5.24 acre parcel to the south (formerly Lot 101) was the subject of an identical application in 1994. General Plan Amendment 94005 and Zone Change 94006, approved in March, 1995 extended the USL and changed the designation on this parcel from RS to RSF-Y. The approval of Tentative Tract Map 95002 in September, 1995 followed up these actions with a subdivision of 5 one acre lots. The inclusion of adjacent Lot 101 within the USL was logical, in part, because the lot was historically included in the Sewer Improvement District and the parcel shared a half-developed cul- de-sac with 4 neighboring one acre lots. Conversely, taken alone, the action proposed to the Commission tonight, could be seen as a piecemeal approach to land use planning; a lot-by-lot extension of urban services and higher density. If the parcels to the north of the subject site on E1 Camino Real were still undivided, staff would recommend that the USL remain at its 2 0000,}6 current boundary until a comprehensive area study analyzes the growth inducement potential of expanding urban services. However, as Attachment C shows, the creation of one, acre parcels on the subject site will be compatible with the surrounding area. In fact, with the exception of three parcels (two immediately east of the site) , the entire block, between El Camino Real and Colima, from San Anselmo to San Benito, has been subdivided to parcels one acre in size or less. Related to addressing the piecemeal planning question, and in light of the large number of one acre parcels in the area, staff also explored the possibility of enlarging the study area of this General Plan Amendment to include the entire block as referenced above. Staff chose to review only the subject application and not enlarge the study area in order to minimize thei, environmental and land use consequences of extending the USL. By',, addressing only the parcel at hand, the impacts of moderate density residential development on future sewer service and the community' s land use pattern are substantially lessened. A designation of moderate density would have a minor effect on the creation of new parcels, with or without sewer availability - only three parcels in the area appear eligible for subdividing. The extension of the USL in the area, however, could have significant implications on the existing sewer infrastructure. Most importantly, however, is the growth inducementllimpact of a large expansion of the USL and RSF-Y zone. The area north to Del Rio and beyond could then be subjected to pressure for higher density and the associated increase in City services. The Rochelle EIR and approved General Plan Amendment for the so-named 100 acre property on the north end of town was conditioned to provide a comprehensive environmental study of the City' s northeast quadrant if sewer service was extended to the property. CONCLUSIONS• The northeast quadrant, specifically the east side of El Camino Real from San Anselmo north to Santa Cruz, has longbeen a topic of discussion. The established pattern of commercial land uses directly across El Camino Real from suburban residential uses has resulted in several applications for increased residential density and some consideration of commercial land uses on the east side of El Camino Real. This anticipated conversion to higher uses has never taken place, however, due to the residential rental market supply, commercial marketing and economic considerations, the historically defined nature of the area, and other reasons. The site' s location and topography are appropriate for this density and upon this zone change and ultimate subdivision, the original, rectangular (204 ' X 1, 0001 ) Colony lots fronting on El Camino Real between San Anselmo and San Benito will be entirely divided, mostly into one acre parcels, for single family development. 3 0000,}7 Attachment D, the preliminary parcel map, shows a subdivision which takes the topography and the surrounding development pattern into account. One acre parcels on the subject site are compatible with the neighborhood and would maintain the staff recommendation contained in the General Plan Update of "no increase in density in this area above the Moderate Single Family Residential designation. " ATTACHMENTS: Attachment A - General Plan Land Use Map Attachment B - Zoning Map Attachment C - Assessor's Parcel Map Attachment D - Conceptual Tentative Map Attachment E - Supplemental Development Statement Attachment F - Negative Declaration Attachment G - Draft Resolution Attachment H - Draft Ordinance 4 0000,18 �itW„1 � � � ' " � 1 1 . 1 1 • $�3 � - �/r. tea• - � - �� b lop 5N I „�. ow ,�� ...�. .�. \\.� ATTACHMENT B Clli OF ATASCADERO Sc ZONING MAP J17 � COMMUNITY DEVELOPMENT GPA 95006/zc 95001 DEPARTMENT ve 00A A&A , o \ rA�HCuii,tit--�t`� • vE Ori, � f SILIA00 T� �-� L c M�NO a EA�osil / 1 Ic t"ti S OA,41 aa,a Sf P A VENAO 0*0 Apilli RR 000050 ATTACHMENT C CITY OF AZASCADERO ASSIESSOR ' S PARCEL MAP GPA'' 95006/ZC 95009 COMMUNITY DEVELOPMENT DEPARTMENT i CITY OF ATASCADERO 49—h :�!�! :o 'r: :51 ." •` taa ss, n F '„ . (i� s• iii ®.... ® j Ieaa®t 13 r Nir Q ro 0 iIts— t h � i rar ta• Q,t a (� tlfft n QQ n 2 Q sr a • rt/re s tI MY 0 .r.�y, •nom. O \c3. 1. I@ pit 161 "� �� :Y ,ei 'r � 163 4. t + 132 ns r.e to z�J (zaj `s.' ® �' a(ul . � � ( rA2t i 7T.e �. F � "^ •... y S. 2 w •It• j1�j .:C/1 • f.rrK r 37 1 K � e sn�n' n. i ..... ... ... - PTN. 9 q a p "i772 t 51 a S�oS !1K \ NO ass- aS�s k' ,6 ObQ " I a • a r O O .... 3 • ' . rK A Crry OF ATASCAOERO r.c Cowry MMOP Sk<9 W.I1 l CAM/NO San Lrls OMape,Calif ti gEgC�+ •,,, ti^se• ® -'Qr •� (OLD H/�HWg y f/O a < t ? t f Pln.AlOscodsro Coiony,RA1.Sk,AC.3,Pq.21 EL CAMIN0N4 REAL Ammendmonf Ir 1oA/ascodero,itM.Sk.AC.3 I Pq.21A / CITY OF ATASCAOERO .•...ee O Assessors MOP Sk.49—Pq.15 County of Son Luis Obispo.Collf. C n� .f 2 1 i=- • �alt 000051 ATTACHMENT D CITY OF �' •• :� ATASCADERO CONCEPTUAL TRACT MAP' r.«..1Na sw Ia•-. r COMMUNITY DEVELOPMENT GPA 95006/zC 95009 DEPARTMENT :ice. • wwn.� va�.mp• nv mt-ew Is•u... ctln n ww.xa. VO '0?l3OvO5dle s••ea a rs =�. vro se•»7 r4 b ae-•t nrx aa-u.l•ou m w•ralq v.w. .n•.ae, — wwa vro •NIA 1 IIM-y&jElpmw3MAi83dOZld M3A3Hd3A ;+awn a• ver '•�•'•s :taw •ar I dvn 30NVHO"3NOZ — 950-5'91-6b0 :r. 00 GL0—CqL_6,,0 o —__ _ -�, 1 1 ",=-------- -- -01 , gas �----------- --- f -------------- 5 L ! 1 —vo i 'S7 v: b 000052 ATTACHMENT E ir-*terSENG1NEER1NU'% DEVELOP. STATEMENT CIVIL ENGINEERING HYDROLOGY PLANNING GPA 9 5 0 0 6/Z C 95009 September 27, 1995 Community Development Department City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 RE: Application for General Plan and Zoning Change for Verheyen Property: APN 049-163-029 and 049-163-032 Attn: Planning Department Attached to this letter are the necessary application forms, application fees, and supplemental information for the above referenced project. William and Martha Verheyen have owned and paid taxes on the property in question for many years. They now wish to subdivide the property into one (1) acre parcels and either develop the project or sell the project with an approved tentative map. To accomplish this task, the Verheyens will need a General Plan Change and a Zoning Change for their property. The current land use designation for the site is RS and will need to change to RSF-Y. The property will also need to be included into the urban services line, which'is currently along the southeastern border of this property. Preliminary planning has shown that this property can be subdivided into nine(9) one-acre lots while meeting all city requirement. A Zone Change Map is included in this package that illustrates the proposed subdivision. It is our understanding that a very similar project hasbeen approved for the property immediately to the southeast of this site. With that approval and with the other properties in the area all near one-acre in size, this property now represents the most non-conforming piece in the vicinity. It is the intention of this application to clearly define the proposed development and to justify the requested changes. If you have any questions or require further information, please do not hesitate to call. Sincerely, T PETERS ENGINEERING Denny Peters, P.E. attachments 9483 EI Camino Real, Atascadero. CA 93422 Tel (805) 462-2826 Fax(605) 462-2833 000053 ( ATTACHMENT E (CONT . ) ENVIRONMENTAL SETTING 1. PROJECT SITE The property for the proposed development consists of two parcels totaling approximately 8.94 acres. The site is located on the east side of El Camino Real between San Anselmo Avenue and San Benito Road. The site generally slopes down from the northeast to the southwest toward El Camino Real, with slopes ranging from 5 percent to 15 percent. Each lot, as preliminarily shown on the attached Zone Change Map, will contain an appropriate building envelope with acceptable slopes. Native grasses cover the site in varying densities with only a few trees sprinkled throughout the property. The existing trees do not interfere with the proposed access roadway or potential building sites and should not be affected by the proposed development. A few-domestic animals (horses) are currently corralled on the property but no abundant native wildlife is apparent. A small drainage swale traverses the property from the northeast to the southwest_ The watershed area draining to this swale is only a few acres in area and will not produce massive storm flows. The development of this site, especially the access roadway, must consider this drainage pattern. According to the United States Department of Agriculture Soil Conservation Service Soil Survey of San Luis Obispo County, the native soils in the region are Oceano Loamy Sand and Arnold Loamy Sand. Although these soils are suitable for roads and building improvements, there is a medium to rapid storm runoff and erosion hazard potential. Future development of this site must take drainage and erosion conditions into account. This site and the proposed development can be serviced by city sewer and Atascadero Mutual Water Company water. Power, telephone, and all other contemporary services (cable) will also be available. A single-family home exists in the northeast corner of the property. This home is owned and occupied by the proposed developers, William and Martha Verheyen. This home will remain and will receive new lot lines in the subdivision of the entire property. This site does not represent a historical or cultural location. This site is on a hillside and does present a moderate scenic view of the adjacent hills and mountains. It is expected that the homes for this proposed development will be confined to single story structures to help maintain views from uphill locations. 2. SURROUNDING PROPERTIES Although this property is adjacent to El Camino Real, it is generally located in a residential region and surrounded by single-family homes. Along the northwest boundary of this site are four homes. Two single-family homes exist on two separate lots (parcels 1 & 2) that were originally parts of Lot 100 (parcel 3) of this property. These homes front El Camino Real and access to the Verheyen's home is along the northern side of these lots. The areas immediately northeast and southeast of this site are currently vacant but single-family homes exist within a few hundred feet of the property borders. El Camino Real is adjacent to this propertyon the southwest border. Commercial developments, the Chapel of the Roses and the Colony Park commercial plaza, exist along the opposing side of 000054 i { - ATTACHMENT E (CONT . ) El Camino Real adjacent to this site. The nearest commercial developmentJ along the same side of El Camino Real (as this site) is at the corner of San Anselmo Avenue and El Camino Real, approximately one-quarter of a mile to the southeast. No substantial commercial developments exist along this side of El Camino Real to the north. Like this site, the surrounding areas are on hillsides and contain moderate scenic views. The development of this site will not impact surrounding property views. There are no historical or cultural concerns for the areas surrounding this site. ENVIRONMENTAL EFFECTS 1. Existing Drainage Swale: As previously mentioned, a small drainage Swale traverses through this site from the northeast to the southwest. This drainage pattern is not represented as a 'Blue Line Stream" on the USGS 7 1/2 minute map for this area. Development of this site must take this feature into account. 8. Existing slope: The site has slopes that range from 5%to 15%. All preliminary building locations contain areas that slope below city requirements and are suitable for construction. The access road will be constructed with a slope of 10%-12%, which is within city standards. 13. Existing Trees: Sparse trees exist throughout the site, some native oaks and some varietals. The development of the site, the proposed building locations and access road, will not adversely impact these trees or require removal. ADDITIONAL INFORMATION A. Development Alternatives: Due to the existing land use in the area of this property, especially along the same side of El Camino Real, no other development other than single-family residences have been proposed or considered. Commercial development of this site makes no sense given there are no other commercial developments adjacent to or within the near vicinity of this property. A Multi-family residential development could be constructed on this site but there is no buffer from the large one-acre estate type homes that surround this property. The five-acre parcel immediately adjacent to this property on the southeast has recently received approval for subdividing into one-acre parcels. This, along with the majority of the other parcels in the area in the one-acre range, makes this property the most nonconforming piece in the block. Subdividing this property into one-acre parcels will bring this area into conformance and reflect a "better planned" community. B. Zone Change Map: A preliminary layout of the proposed subdivision of this property is presented in the attached Zone Change Map. This drawing illustrates the potential of this property and shows how the existing structure(s) will be incorporated into the development. A city standard roadway and cul-de-sac are shown to provide access to the proposed lots. This is a similar design as the approved development to the southeast of this site and would reflect a 1 uniform development for the region. 000055 ATTACHMENT F GPA 95006/ZC 95009 CITY OF ATASCADERO ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035 APPLICANT: WILLIAM AND MARTHA VERHEYEN PETERS ENGINEERING 3425 EL CAMINO REAL 9483 EL CAMINO REAL ATASCADERO, CA 93422 ATASCADERO, CA 93422 PROJECT TITLE: GENERAL PLAN AMENDMENT 95006/ZONE CHANGE 95009 PROJECT LOCATION: 3425/3505 E L CAMINO REAL PROJECT DESCRIPTION: CONSIDERATION OF A GENERAL PLAN AMENDMENT TO INCLUDE THE SUBJECT PROPERTY WITHIN THE URBAN SERVICE LINE AND CHANGE THE GENERAL PLAN LAND USE MAP (WITH A CORRESPONDING ZONE CHANGE) FROM SUBURBAN RESIDENTIAL TO MODERATE DENSITY SINGLE FAMILY RESIDENTIAL. 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 beings 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. STEVEN L. DECAMP CITY PLANNER Date Posted: FEBRUARY 27, 1996 Date Adopted: CDD 1I-89 UUUU56 Attachment G ! GPA 95006 RESOLUTION NO. 16-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO TOE LAND USE MAP BY REDESIGNATING CERTAIN REAL PROPERTY AT 34253505 EL CAMINO REAL FROM SUBURBAN RESIDENTIAL TO MODERATE DENSITY SINGLE FAMILY RESIDENTIAL AND INCLUDING THE SITE WITHIN THE URBAN SERVICES LINE (GPA #95006: VERHEYEN) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared in the 1970' s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment; on March 19, 1996; 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 amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2. The proposed General Plan amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adequate. 3. The proposed extension of the Urban Services Line will not overburden the City' s sewer plant or collection system and will not adversely affect sewer service to other priority areas, specifically cease and desist locations. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA #950016 as follows: 1. Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . 000057 Resolution No. 16-96 Page 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: DATE ADOPTED: CITY OF ATASCADERO, CA GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVE DECAMP, City Planner 000ob8 L 'N bobw �RAI1 all ARM ELM di as r 1 ATTACHMENT H ZC 95009 i ORDINANCE NO. 302 s AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 3425/3505 EL CAMINO REAL FROM RS (RESIDENTIAL SUBURBAN) TO RSF-Y (RESIDENTIAL SINGLE FAMILY MODERATE DENSITY) (ZONE CHANGE 95009 - VERHEYEN) 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 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 March 19, 1996 and has recommended approval of Zone Change 95009. NOW, THEREFORE, the Council of the Cit of City Atas cadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning designations. 2. The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts; the Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. The City' s Official Zoning Map is hereby amended to reclassify the parcel listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Assessor' s Parcel Map #s 049-163-029 and 032 Parcel 3 of P.M. CO 69-32 and Lot 101, Block 19 000060 3 Ordinance No. 302 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 Lull force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Councilperson and seconded nded b Councilperson Y P , the foregoing ordinance is hereby a in adopted p ted its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVE DECAMP, City Planner 000061 ORDINANCE NO. 3v2 EXHIBIT A Page of xJA f4 O \ j-0 � �'� /ASF' / ab.� l•f . r •, ANQ o l / ( ILC♦ �`� . ,► ry"I .LL. I i LOBOS �o EAyOS I � 1 ' r , SAN aoA0 R S 1 , S W ,/j I pow d ~� I I - OAID i pcop� -p . RS ice , New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged 000062 !MINUTES EXCERPTS Planning Commission Meeting -- March 19, 1996 SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 2 . GENERAL PLAN AMENDMENT- 95006/ZONE CHANGE 95009: Application by William and Martha Verheyen to include the subject property within the Urban Services Line (USL) , change the Land Use designation from Suburban Residential to Moderate Density Single Family Residential, and change the Zoning Map from Residential Suburban (RS) to Residential Single 'Family (RSF-Y) . Subject site is located at 3425/3505 E1 Camino. STAFF RECOMMENDATION: (Davidson) Staff recommends the following actions: 1 . Find the Negative Declaration prepared for the project adequate under the provisions of the California Environmental Quality Act; and, 2 . Approve Resolution 116-96, including the subject property within the USL and changing the Land Use designation from Suburban Residential to Moderate Density Single Family Residential (Attachment G) ; and, 3. Approve Ordinance 1302, changing the Zoning Designation of the subject property from RS to RSF-Y as contained in Attachment H. TESTIMONY: Denny Peters, of Peters Engineering, represented the applicant and indicated that he was satisfied with the staff report; as written. He answered questions the Commission had. Cathy Robertson, 11385 MacHoff Drive, is concerned about health concerns. Mr. Robertson, 11385 MacHoff Drive, is concerned about sewer hookups being made available to all in the area. ACTION: Find the Negative Declaration prepared for the project inadequate under the provisions of the California Environmental Quality Act. Motion: Johnson Second: Wallace AYES: Johnson, Wallace, Bowen, Hageman, Zimmerman, Edwards (Page 5 of 11) OU0063 Planning Commission Meeting -- March 19, 1996 NOES: None ABSENT: Sauter Motion Passed: 6-0 RECOMMENDATION: Commissioner Bowen recommended re-notice and re- agenda of the item for reconsideration at the next meeting (April 2, 1996) . Mr. DeCamp advised the Commission that an option, at this point, would be for one of the members of the prevailing side on the vote regarding the Negative Declaration request reconsideration of the issue. At that point, staff would re-notice and re-agenda the item. Barring any specific direction from the Commission regarding augmentation of the Negative Declaration, the staff would bring the item back for further discussion as it stands . ACTION: After a great deal of discussion, the following motion was made: Staff should request a legal opinion of the validity of their interpretation of CEQA relative to this particular case. Motion: Johnson Second: Zimmerman AYES: Johnson, Zimmerman, Wallace NOES: Bowen, Hageman, Edwards ABSENT: Sauter Motion Failed Concensus of the Commission is to reconsider this item. Mr. DeCamp indicated that staff will re-notice and re-agenda this item for the next meeting. (Page 6 of 11) 000064 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Via: Andrew J. Takata, City Man er From: Arther R. Montandon, City Attorney Meeting Date: 4/23/96 SUBJECT: Integrated Waste Management Authority v. City of el Paso de Robles, assignment of cause of action for the collection of unpaid tipping fees. RECOMMENDATION: Review the attached material and consider adopting the proposed resolution assigning Atascadero's cause of action and tipping fees, BACKGROUND: The attached letter and agreement was received from the County Counsel representing the Integrated Waste ManagementAuthority (IWMA). The letter requests that the City Council favorably consider authorizing t e execution of the attached agreement. This agreement assigns the City of Atascadero's cause of action and tipping fees to the IWMA. The cause of action would be against the City of Paso Robles for "unpaid" tipping fees. As you know, there has been a longstanding dispute as to whether Paso Robles should distribute a portion of the tipping fees it collects at its landfill to the IWMA. This agreement, if approved, would assign Atascadero's cause of action against Paso Robles, authorize the IWMA to pursue litigation and settle on b half of Atascadero, assign any proceeds of the litigation to the IWMA and provide ; tat the IWMA shall indemnify Atascadero. If the City Council chooses not to assign its rights, the IWMA could still, with a majority vote of its membership, file suit. ARM:ch 000065 OFFICE OF THE ASSISTANT COUNTY COUNSEL �^ JACA:CRAWFORD f COUNTY OF SAN LUIS OBISPO -- - CHIEF DEPUTYR.WYATT CASH COUNTY GOVERNMENT CENTER,ROOM 388 SAN LUIS OBISPO, CA 93408 `'tl DEPUTIES TELEPHONE 781-5400.7813401 - - JOHN PAUL DALY FAX 781-4221 JON M.JENKINS (AREA CODE 805) 1" JAMES B.ORTON JAMES B.LINDHOLM,JR. r WARREN R.JENSEN COUNTY COUNSEL MARY A.TOEPKERAYMOND A.BIERNG March 26, 1996 PAS N.STEVENSN KATHY BOUCHARD j TIMOTHY MCNULTY ANN CATHERINE DUGGAN 7 - David R. Hunt, Esq. 4 ' ' Jeffrey G. Jorgensen, Esq. City Attorney of Morro B;Qi G_ , 4. City Attorney of San Luis Obispo and Pismo Beach ' �' Post Office Box 8100 738 Higuera Street, Suite H San Luis Obispo, CA93403-8190 San Luis Obispo, CA 93401 Roger C. Lyon, .Jr., q. �Arth Es r e R. M n o tandon, Esq. Lyon & Carmel City Attorney of Atascadero City Attorney of Arroyo Grande c/o Office of City Attorney 1104 Palm Street 110 East Cook Street Post Office Box 922 Santa Maria, CA 93454 San Luis Obispo, CA 93406 James F. Rupp, Esq. City Attorney of Grover Beach T- 220 West Seventh Street Post Office Box 1426 Oxnard, CA 93032-1426 Re: San Luis Obispo County Integrated Waste Management Authority v. City of EI Paso de Robles; Assignment of Causes of Action for the Collection of Unpaid Tipping Fe Dear CitpMdrneys: The San Luis Obispo County Integrated Waste Management Authority (IWMA) met in closed session on March 13, 1996, with regard to the outstanding dispute between the IWMA and the City of Paso Robles regarding unpaid tipping fees. The IWMA Board considered its efforts since last June to amicably resolve the dispute with Paso Robles and considered its most recent request to Paso Robles to either settle the dispute or agree to some form of binding arbitration. In view of the lack of a positive response to any of the settlement offers made by the IWMA or any agreement to submit to binding arbitration, the IWMA Board directed its staff to retain counsel for the purpose of proceeding with litigation to collect the unpaid fees. The IWMA Board also directed me to, forward to the City Attorneys a proposed assignment agreement to enable the IWMA to pursue the litigation on behalf of its member jurisdictions. 000066 David R. Hunt, Esq. Jeffrey G. Jorgensen, Esq. Roger C. Lyon, Jr., Esq. Arther R. Montandon, Esq. James F. Rupp, Esq. Re: San Luis Obispo County Integrated Waste Mgmt Authority v. City of EI Paso de Robles March 26, 1996 Enclosed for your review is an Agreement assigning all causes of action pertaining to the collection of the unpaid tipping fees to the IWMA. ;The Agreement provides that the IWMA will indemnify its member jurisdictions with regard to the litigation to collect the unpaid tipping fees. Please review the enclosed assignment Agreement and, if acceptable, schedule it for approval by your jurisdiction at your earliest convenience. Your ongoing assistance and cooperation with regard to this matter are appreciated. If you have any questions or if I can otherwise be of assistance to you, please let me know. Very truly yours, JAMES B. LINDHOLM, JR. County Counsel^ By: Ra mon . Biering Deputy County Counsel RAB:mja Enclosure cc: Bill Worrell (w/enclosure) 1005mja6.ltr PWASTE -2- 0U00f;`i RESOLUTION NO. 28-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY (IWMA) AND THE CITIES OF ARROYO GRANDE, GROVER BEACH, MORRO BAY, PISMO BEACH AND SAN LUIS OBISPO, AND THE COUNTY OF SAN LUIS OBISPO FOR THE ASSIGNMENT OF CAUSES OF ACTION FOR THE COLLECTION OF UNPAID TIPPING FEES The City Council of the City of Atascadero, California hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with Integrated Waste Management Authority (IWMA), the cities of Arroyo Grande, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo, and the County of San Luis Obispo for the assignment of causes of action for the collection of unpaid tipping fees. 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 of , 1996. ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000068 ASSIGNMENT OF CAUSES OF ACTION FOR THE COLLECTION OF UNPAID TIPPING FEES THIS ASSIGNMENT is made and entered into by and between the SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY (hereinafter referred to as the "IWMA") and the cities of ARROYO GRANDE, ATASCADERO, GROVER BEACH, MORRO BAY, PISMO BEACH, and SAN LUIS OBISPO (hereinafter collectively referred to as the "CITIES") and the COUNTY OF SAN LUIS OBISPO (hereinafter referred to as the "COUNTY"). WHEREAS, the California Legislature enacted the California Integrated Waste Management Act of 1989, commonly referred to as Assembly Bill 939; and WHEREAS, Assembly Bill 939 mandates that certain solid waste planning and management be undertaken by the County of San Luis Obispo andthe cities located within said County; and WHEREAS, the CITIES and the COUNTY entered into a memorandum of agreement dated October 3, 1990, which provided, among other things, that the CITIES and the COUNTY would collectively pursue a County-wide approach to the problems of solid waste management and implementation of the requirements mandated by Assembly Bill 939, that the necessary ordinances and:resolutions would be adopted by the CITIES and the COUNTY to levy a tipping fee surcharge equivalent to $1.00 per ton at all public landfills in the County of San Luis Obispo, and that the tipping fee surcharge would be apportioned among all of the residents of the County of San Luis Obispo in an equitable manner; and 000069 WHEREAS, on July 16, 1991, the COUNTY and the City of Paso Robles entered into an agreement to increase the above-referenced $1.00 per ton tipping fee to $3.00 per ton commencing November 15, 1991; and WHEREAS, on July 16, 1991, the City Council of the City of Paso Robles adopted Resolution No. 91-91 approving the agreement increasing the tipping fee and authorized the Mayor of the City to execute said agreement on behalf of the City; and WHEREAS, the City of Paso Robles did collect the tipping fees as required by the above-referenced memoranda of agreement and did pay the tipping fees to the County Auditor-Controller as required by said agreements until 1992; and WHEREAS, in 1992 the City of Paso Robles discontinued paying the tipping fees collected in accordance with the above-referenced memoranda of agreement and, since that time, has failed and refused to pay any further tipping fees as required by the agreements; and WHEREAS, the CITIES and the COUNTY wish to collectively assign to the IWMA all rights to recover the unpaid tipping fees from the City of Paso Robles as set forth in this Assignment Agreement. NOW, THEREFORE, it is agreed as follows: 1. The undersigned CITIES and COUNTY hereby irrevocably assign to the IWMA all of their right, title, and interest in and to any causes of action against the City of Paso Robles in connection with the failure and refusal by Paso Robles to collect and pay tipping fees as required by the memoranda of agreement referenced above. In addition, the IWMA hereby acquires the full power to prosecute, -2- 000U7a i compromise,mise settle reassign, and give a release in full or partial P 9 , settlement of the 9 P causes of action. 2. In consideration for this assignment, the IWMA agrees to indemnify the CITIES and the COUNTY as set forth herein and agrees that any funds recovered by the IWMA will be utilized by the IWMA for the benefit of its memberjurisdictions. 3. Time is of the essence of this Assignment. 4. This Assignment and each of its provisions shall be binding on and shall inure to the benefit of the respective successors and assigns of the!parties to this Assignment. 5. If any term or provision of this Assignment or any application thereof shall be held invalid or unenforceable, the remainder of this Assignment shall not be affected thereby, but shall remain valid and enforceable. 6. This Assignment shall be governed by and construed in accordance with the laws of California. 7. In acting in accordance with this Assignment, the IWMA shall indemnify, defend, and hold the CITIES and the COUNTY harmless against any and all claims, demands, losses, costs, liability, damages and expenses of any nature, including attorneys' fees and costs, that the CITIES and COUNTY jointly or severally incur or suffer, which arise, result from, or relate to any legal challenges regarding the collection, disbursement, use, and recovery of the tipping fees referenced above. -3- ODUU;1 S 8. This Assignment may be executed in one or more counterparts, each of which shall be deemed an original. CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk APPROVED AS TO-FORM AND LEGAL EFFECT: By: City Attorney CITY OF ATASCADERO By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: -4- 000072 CITY OF GROVER BEACH By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney CITY OF MORRO BAY By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney CITY OF PISMO BEACH By: Date: Mayor Resolution No. Clerk -5- 000073 APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney CITY OF SAN LUIS OBISPO By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney COUNTY OF SAN LUIS OBISPO By: Date: Chairperson Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel -6- U0UU74 INTEGRATED WASTE MANAGEMENT AUTHORITY By: APPROVED AS TO FORM AND LEGAL EFFECT: By: IWMA Counsel RAB/0979mjae.agr/PWASTE -7- O0UU' REPORT TO CITY COUNCIL Meeting Date: 04/23/96 CITY OF ATASCADERO Agenda Item : C-7_ Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: City Treasurer Position RECOMMENDATION: Discuss method for selection of the City Treasurer and provide direction ar appropriate. BACKGROUND: The California Government Code §36501 vests the governor nt of a general law city in a City Council of five members, a City Clerk, a City Treasurer, a chief of police, a fire chief and such subordinate officers or employees as are provided by law. The City Treasurer and City Clerk are to be elected unless the elect rs vote to make the positions appointive (GC§36508). The City's Treasurer is elected by the voters of Atascadero every four years. -Ordinance No. 49 of the Atasc dero Municipal Code outlines the Treasurer's role and is attached for your review. In addition, an excerpt from the California Municipal Treasurers Association Har dbood has been included to demonstrate the typical duties of an elected City Treasurer. A few months ago, some members of the City Council ex ressed an interest in proposing a ballot measure for this year's election that would sk the voters if the Office of City Treasurer shall be appointive. Staff was directed, at that time, to come back at a later date with information, including a time-lifle, and a discussion relative to the method preferred for selecting the City Treasurer. As a historical note, many will recall that in 1980 two ba lot measures were initiated by the City Council at that time asking the voters if the positions of City Clerk and City Treasurer shall be appointive. Both measures failed (58% of the electors voted "No when asked the question for the Clerk, 59% voted "No ' for Treasurer). DISCUSSION: Elections Code §9222 states that the Council "may submit to the voters, without a petition, a proposition for the repeal, amendment, ore lactment of any ordinance, to be voted upon at any succeeding regular or special city election...." Report to City Council Page 2 - OUOU'76; Report to City Council Page 2 A majority vote is required to adopt the measure. If approved, the ordinance would become effective in thirty days from the date of the election. To place a measure on the ballot, a few steps are required: • The City Council shall consider the adoption of a resolution setting forth the exact form of any question at a regular or special City Council meeting. • The City Attorney, pursuant to direction from the City Council, shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall not exceed 500 words in length. • Arguments for and against the measure may be submitted to the City Clerk for publication in the Sample Ballot which goes to all registered voters. The City Council, or any member or members of the Council authorized by the Council, any individual voter, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against the measure. No argument may exceed 300 words in length. The City Clerk shall set a reasonable deadline. (Note: if more than one argument "for and/or "against" is submitted, the.City Clerk shall select the final arguments giving- preference and priority to the arguments of the following, in the order named: 1) City Council, 2) Individual voter, or bona fide association of citizens, or combination of, 3) bona fide associations of citizens, 4) individual voters (pursuant to EL§9287)). • Rebuttals (one "for" and one "against) of not more than 250 words each may also be filed and published. The County has set a deadline of August 9th, 1996 to receive from the cities copies of their adopted resolutions requesting consolidation, naming those offices to be voted upon and setting forth the full text of any ballot measure, the impartial analysis prepared by the City Attorney and the primary and rebuttal arguments. To meet this deadline, it is suggested that if the Council would like to move forward on this matter, the process be initiated not later than the first meeting in June. With direction, staff can agendize the item and bring back the necessary report and resolution. 000077 Report to City Council Page 3 FISCAL ANALYSIS: A request for a formal estimate of costs has been forwarded to the County Clerk-Recorder and has not yet been received by the City Clerk at the time the agenda was published. However, based upon past costs, we can assume that it would cost approximately $2,000 to add the question to the ballot. This is, of course, in addition to the regular election costs of approximately,$15,000. Attachments: Chapter 7 of the AMC re: City Treasurer Excerpt from the Calif. Municipal Treasurers Assn. Handbook (0000,78 2-7.01-2-7.03 CHAPTER 7. CITY TREASURER Sec. 2-7.01 . Creation and functions. (a) The office of the City Treasurer is confirmed as provided in Section 36501 and 36502 of the Government Code of the State. The City Treasurer shall perform such duties as are prescribed by Sections 41001 through 41007 of the Govern- ment Code of the State. The City Treasurer shall perform such other duties consistent with this Code as may be required of him by the Council. (b) The principal functions of the City Treasurer shall be to receive and safely keep all public funds coming into his hands as treasurer, and to comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his possession. (Ord. 49 § 2-5.201, 1982) Sec. 2-7.02. Deputies.The City Treasurer may appoint deputies for whose acts he and his bondsmen are responsible, but in doing so, shall not incur any indebtedness or liability on behalf of the City except as authorized by the City Council. (Ord. 49 § 2-5.202, 1982) Sec. 2-7.03. Compensation. The City Treasurer shall receive such compensation and expense allowance as the Council shall from time to time determine by resolution or ordinance. Such compensation shall be a proper charge against such funds of the City as the Council shall designate. (Ord. 49 § 2-5.203, 1982) 74 0000179 2-7.04-2-7.05 Sec. 2-7.04. Coordination with Director of Finance. The City Treasurer shall coordinate his activities with the Director of Finance to assure availability of funds in response to demands for payment against City financial resources. The City Treasurer shall not withhold making available funds to the Finance Director for payment of materials, equipment, goods or services duly authorized by the Council through the adopted budget or by Council approval by ordinance, resolution or motion when requests for such funds are duly authorized and presented by the Director of Finance. (Ord. 49 § 2-5.2041 1982) Sec. 2-7.05. Investment policy. In addition to the requirements, duties and obligations imposed upon the City Treasurer by the State Government Code concerning the investment of City moneys, the City Treasurer shall attempt to secure the maximum rate of return on invested uncommitted City funds consistent with assuring availability of funds to meet the City's financial obligations and consistent with statutory investment limitations. In order to assure compliance with this requirement, the City Treasurer shall closely coordinate the investment of funds with the Director of Finance to assure the ability of the City to meet its obligations. (Ord. 49 § 2-5.205, 1982) 75 000080 Excerpts from the California Municipal Treasurers Assn. Handbook CITY TREASURER is General Nature of the Office Duties The duties of the City Treasurer in California's general law cities are set forth in the statutes. For the most part, the Treasurers or those discharging the treasury function in chartered cities will have the same types of duties as City Treasurers in general law cities. Secitons 41001 through 41005 of the Government Code set forth the primary statutory duties of general law City Treasurers. These duties are: to receive and safely keep all money coming into the treasury (GC §41001), to comply with all laws governing the depositing and securing of public funds (GC §41001), to pay money only on warrants signed by legally designated persons (GC §41003), and to submit a monthly written report and accounting of receipts, disbursements and fund balances to the City Clerk and the City Council (GC §41004). In addition, the City Treasurer is required to perform such duties relating to the collection of city taxes and license fees as are prescribed by ordinance (GC §41005). Tenure and Conditions of Office In general law cities, the City Treasurer is one of the officers in whom the government of the city is vested along with the Council, the City Clerk, the Police Chief and the Fire Chief (GC §36501). The office of City Treasurer in general law cities is an elective office with a four (4)-year term (GC §36503). An elective City Treasurer, like other elective officers of general law cities, must be an elector of the City at the time he or she assumes office and must be a registered voter when his or her nomination papers are issued (GC §36502). An elective City Treasurer must continue to be a city resident and elector throughout his or her term or the office becomes vacant. Upon assuming office, the City Treasurer, like other officers of the city, must take and file with the City Clerk the constitutional oath of office (GC §36507). In addition, the Treasurer must execute a bond to the city prior to entering upon the office in an amount recommended by the City Attorney and fixed by the City Council by resolution. The amount of the bond may changed during a City Treasurer's term of office (GC §36518). The City Treasurer is authorized to appoint his own deputies, who hold office at his pleasure, unless the City has a civil service system or merit system that would apply to the Treasurer's deputies. The deputies receive such compensation as is provided by the legislative body (GC §41007). The City Treasurer and his bondsman are responsible for the acts of his deputies (GC §41006). In event of vacancy of vacancy in the office of City Treasurer, the City should immediately investigate, in light of general agency principles, both the status of deputies appointed by the Treasurer and the coverage of the Treasurer's bond for those deputies. O(J()O 1 Excerpt, Calif. Municipal Treasurers Assn. Handbook, cont'd Elective City Treasurers are responsible to, and removable by, the voters of the City. They may lose their office either by a failure to be re-elected or as the result of a recall initiated by petition of the citizens during the term (GC §27000, et seq). If an elective officer performs his statutory duties, he need not perform any duties required by ordinance of the City Council unless such ordinance-imposed duties relate to the "collection of city taxes and license fees" (GC §41005). Elective status confers on the elected City Treasurer the possibility of a much greater degree of independence from the City Council and City Manager. So long as the elective officer performs his statutory duties and the few duties which the council can by ordinance require him to perform, there is no basis upon which he may be removed from public office other than recall or the occurrence of one of the events set forth in GC §1770. Uv0Ub'A REPORT TO CITY COUNCIL Agenda tem: 01 -3 CITY OF ATASCADERO Through: Andrew J. Takata Meeting Date: 04/23/96 City Manager File Number: ZC 95011 Via: # Steven L Decamp, City Planner From: .P Doug Davidson, Senior Planner SUBJECT: Adoption of an ordinance amending the Official Zoning Ordinance ,,text to create a new land use description of Mini-storage", designate "Mini-storage Facilities", "Vehicle and Equipment Storage" , and "Recreational Vehicle Parks" as conditional uses in the Public zone and to revise the side setback requirements of the Public zone. RECOMMENDATION: Approval and adoption of Ordinance No. 303 on seco d reading. BACKGROUND/ANALYSISz On April 9, 1996, the City Council conducted a pu lic hearing on the above-referenced subject. The Council approved Ordinance No. 303 on first reading. /Ph Attachment: Ordinance No. 303 000083 ORDINANCE NO. 303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO CREATE A NEW LAND USE DESCRIPTION OF "MINI-STORAGE", DESIGNATE "MINI-STORAGE FACILITIES", "VEHICLE AND EQUIPMENT STORAGE", AND "RECREATIONAL VEHICLE PARKS" AS CONDITIONAL USES IN THE PUBLIC ZONE AND TO REVISE THE SIDE 'SETBACK REQUIREMENTS OF THE PUBLIC ZONE (Zone Change 95011) _ 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 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 isadequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on March 19, 1996 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' l . 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 9-3.701 is hereby amended by the addition of a new land use description for "Mini-storage facilities as shown in Exhibit A and made a part hereof by reference Zoning Ordinance Section 9-3.502 . is hereby amended by the addition of conditional land uses (p) "Mini-storage facilities" , (q) "Vehicle equipment and storage" and (r) "Recreational Vehicle Parks" as shown in Exhibit B attached hereto and made a part hereof by reference. 0000811 ordinance No. Page 2 Zoning Ordinance Section 9-4 . 107 (b and c) is 'hereby amended to add the "P" zone to subsection "b" and delete the "P" zone from subsection "c" as shown in Exhibit C and made a part hereof by reference. 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 000085 EXHIBIT A ORDINANCE 303 _ _ _ _ _ relling,drakoing,—crrrd alleying e£ feErei:i&-and ReRferrees et l manufaesure ef eastingsF Ferreus and , and—�nsu-lzrt ed--wsTe asra--eaba* and by edryeebeehive-eek n l l ,� ,� u r Minina: develep -and nen �� mineral-s-(e)Eeept-- .gels), er S.&urface mines extracting crushed and broken stone', d__-mensisr-stere-er sand and gravel, or mineral resources. 4-See-azse 16tene and Gue Gtene Pr-ed'dela-S") . Mini-storage: Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. Mobilehome Developments : mo des Mmobilehome parks and mobilehome subdivisions. -in-ani a=e —tee t od-where- �e eE-mer b• � �, l „trare � f�� t� CC `Peedpaney.� iad - �eles #=he-rei�3 g-andleasing o - human f 9h pFe;-ided tha�� sdeh spaees are-neliaded �n-th �,,m a, Ln- z_ e-TMS=Deme-pa-riE- Mobilehome Dwellina: A- vehicle without self-propulsion designed and equipped as a dwelling unit to be used with a foundation. Multiple Family Dwellings: Includes a building, or portion of a building, used and/or designed as a residence for two or more families living independently of each other (includes duplexes, triplexes and apartments) . Offices : Establishments engaged in performing a service in °'a professional office including. ezgz ree s g, arehi�=-ee-amu a-1 and se-;oiees, real estate-ageneies, 12-en eemffieEelal edueatiena L r , aeeeiantlng,, aiadlt , andt small 1 11 000087 EXHIBIT B i ADOPTED JUNE 27, 1983 ORDINANCE 303 P (Public) Zone 9-3. 421. Purpose: This zone is established to provide suitable locations and standard for the maintenance and development of public and quasi-public facilities and services. 9. 3. 422. Allowable Uses: The following uses shall be allowed in the Public .Zone. The establishment of allowable uses shall be as provided by Section 9-2. 107 (Plot Plans) and Section 9-2. 108 (Precise Plans) : (a) Broadcasting studios (b) Libraries and museums (c) Offices (City, County, State or Federal Government or public utilities) (d) Temporary Offices (See Section 9-6. 176) (e) Public assembly and entertainment (f) Schools (See Section 9-6. 125) (g) Temporary events (See Section 9-6. 177) (h) Temporary or seasonal retail sales (See Section 9- 6. 174) (i) Outdoor recreation services 9-3. 423. Conditional Uses: The following uses may be allowed in the Public Zone. The establishment of conditional uses shall be as provided by Section 9-2. 109 (Conditional Use Permits) : (a) Animal hospitals (See Section 9-6. 110) (b) Caretaker residence (See Section 9-6. 104) (c) Cemeteries (d) Churches and related activities (See Section 9-6. 121) (e) Collection station (f) Funeral services 3-55 000088 EXHIBIT B CCONT. ) ORDINANCE 303 (g) Health care services (h) Membership organizations (i) Residential care ( j ) Schools - business and vocational (See Section 9-6 . 125 ) (k) Single family residences ( 1) Skilled nursing facility (See Section 9-6 . 134) (m) Social and service organizations (n) Transit stations and terminals (o) Utility service centers (p) Mini storage facilities (q) . Vehicle and equipment storage (See Section 9-6 . 183) (Where all areas of use are within a building) (r) Recreational Vehicle Park (See Section 9-6 . 180) (Only when clearly subordinate and incidental to an allowable use or an approved conditional use. ) 9-3 .424 . Lot Size: There shall be no minimum lot size in the Public Zone, except for parcels intended for single family resi- dential use where the minimum lot size shall be 2 1/2 acres . 000689 EXHIBIT-C- ORDINANCE 303 4-6 ADOPTED JUNE 27, 1983 block are recorded as part of a land division map, deed restriction, or other enforceable restriction; and (iii) The side setback shall not be eliminated or reduced on the street side of a corner lot; and (iv) Side setbacks opposite the zero setback property line are not less than twice the. minimum required by this Section. �, (b) CN, CP, CR, CS, CT, CPK, IP, and I Zones: No side L7 U� P ZON E setbacks are required. Ground floor residential uses are subject to the setback requirements of Subsection (a) of this Section. LS and P Zones: A minimum 5 foot side setback is )EZETE "p" ZnUF required. 9-4. 108 . Rear Setbacks: The rear setback is measured at right angles to the rear property line to form a setback line parallel to the rear property line. (a) A, RS, RSF, LSF, and RMF Zones and Permitted Ground Floor Residential Uses in Commercial and Industrial Zones: All residential uses except for second story dwellings over commercial and industrial uses shall have a minimum rear setback of 10 feet, except as follows : (1) Accessory Buildings: A rear setback except for the portion of the rear yard adjacent to the street of a corner lot adjacent to a key lot, may be used for an accessory building no greater than 12 feet i height, provided the accessory building is not used for human habitation or the keeping of animals, and is closer than three feet to a side or rear property line or alley. (b) CN, CP, CR, CS, CT, CPK, IP, and I Zones: No rear setback is required in Commercial or Industrial Zones, except as follows : (1) Adjacent to an Alley: The rear setback shall be a minimum of a five feet, except where the alley provides vehicular access to the interior of the 000090 REPORT TO CITY COUNCIL Ageni La Item: C CITY OF ATASCADERO Date: April 23, 1996 Through: Andy Takata, City Manager From: Michael P. McCain, Fire Chief SUBJECT: Ordinance #304 Revision to the City's weed abatement policy RECOMMENDATIONS: Adopt Ordinance #304 on second reading. BACKGROUND/DISCUSSION: The City .Council introduced Ordinance No. 304 at their r gulag meeting on April 9, 1996. The Ordinance is before you for a second reading and adoption. The effective date will be Friday, May 24, 1996. FINANCIAL IMPACT: No significant impact to existing weed abatement budget. ENCLOSURES: Ordinance No. 304 000091 ORDINANCE NO. 304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 13 TO TITLE 6 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE REMOVAL OF WEEDS,RUBBISH,AND SIMILAR MATERIALS The Council of the CiU ofAtascadero ordains asfollows: Section 1. Chapter 13 of Title 6 is added to the Atascadero Municipal Code to read as follows: 6-13.01. Chapter 13. Removal of Weeds, Rubbish,and Similar Materials. Whenever the Fire Chief or his authorized representatives shall find weeds, rubbish, , or similar material upon any property, lands, or lots in the City, which in his opinion is or may become a fire hazard he shall cause to be given to the owner of said property a notice ubb tc remove sue wee s, rish, , or other material which may constitute a&-a hazard in the manner hereinafter provi e in this part. 6-13.02. Definitions The following words and phrases, when.used in this part, shall be defined as follows unless otherwise indicated: (a) "Council" shall mean the City Council of the City. (b) "his" " " shall mean waste matter, Ts�,' litter,trash,ref�e, debris, rubbis , fil �.`;.gr trees, tin cans, paper, waste material of every kind, or other unsanitary substance, object, or condition which is, or when dry may become, a fire hazard, or which is or may become a menace to health, safety, or welfare, or which is offensive to the senses. (c) "City" shall mean the City of Atascadero. (d) "Fire Chief' shall mean the Fire Chief-of toe Coy ^r his o authorized representative F , v. 01 (e) "Property"sh mean and me ude lands, and le lots, (f) "Street" includes public streets, alleys, parkways, sidewalks, and areas between sidewalks and curbs. (g) "Weeds" shall mean any of the following; (1) Weeds which, when mature, bear seeds of a downy or wingy nature; s (2) Sagebrush, chaparral,and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property; 000092 Ordinance No. 304 Page 2 (3) Weeds which are otherwise noxious or dangerous; (4) Poison oak and poison ivy of which the conditions are such as to constitute a menace to public health; and (5) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard. dr (�) 6-13.03. Weeds and Debris a Public Nuisance The City Council may declare, by resolution in accordance with Sections 39561- 5 of the Government Code, that all weeds that are, or may become, a Oro bazar upon or in front of private property to the center line of adjoining streets in the City, are public nuisances. Also, it shall be unlawful for any property owner in the City to cause or permit any . , combustible, debris, or similar material to be or remain on any real property in the city or on portions of streets adjoining such real property to the center line of such streets. It shall be the duty of every such person to remove and diestroy such weeds and/or debris. P��t«, .,; ,,, i.,,1„ rt1,;« t� sh llr�vv-arricn.�n oo� the nom mz pnrmsgSion of the FireChief is f t bt a 4411h nom . L 6-13.04 Notice to Destroy or Remove Weeds and Debris In the event the person or persons owning, occupying, renting, managing, or controlling any real property in the City shall fail to remove therefrom and from the portions of streets adjoining such property all weeds and s sin accordance with the provisions of this part, it shall be the duty of the Fire Chief or his authorized representatives to notify such person or persons to remove the same. ., 0US15. N84 l 4 0v.t „f tl, AY OR OF ifi 4 4 f 4 L, tl, A an .,lto...,.,tiye t, posting atiee of tl,o .,1„t:.,4, —Rad ,.t: 4 t-h@ .....,,,tet:Hg w OR @bier-tiells IA411 be heafd, the Xld City Council may direct the City Clerk, in accordance with Section 39567.1 of t1eNGovernment Code, to mail written notice of the proposed abatement to all persons owning property described in the resolution. The City Clerk shall cause such written notice to be mailed to each person to wham such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Such notice shall be mailed at least fourteen (14) days prior to the time fixed for hearing objections by the City Council. 6-13.05 Form of Notice The Notice shall be substantially in the following form: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT 000093 Ordinance No. 304 Page 3 Notice is hereby given on the day of 19 , the City Council passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were may be upon or in front of property on this street, in the City of Atascadero, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk. All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held when their objections will be heard and given due consideration. Dated this day of 19 Fire Chief City of Atascadero 6-13.06. Hearin of f Objections. At the time stated in the notices, the council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, debris, and similar materials. At the conclusion of the hearing, the Council shall allow or overrule any objections. At that time, the City acquires jurisdiction to proceed and perform the work of abatement. The decision of the Council is final. 6-13.07. Order to Abate Nuisance If objections have not been made or after the Council has disposed of those made, it shall order the Fire Chief to abate the nuisance. 6-13.08. Destruction and Removal of Weeds and Dehr-is RM by City In the event the person or persons owning, occupying, renting, managing, or controlling real property in the City shall fail to remove or destroy weeds and E1e4-is in accordance with provisions of this ordinance within ten (10) calendar days after the hearing of objections an order to abate nuisance, it shall be the duty of the Fire Chief and his deputies, assistants, employees, contracting agent, or other representatives to destroy or remove such weeds and desefie, and they, and each of them, are hereby expressly authorized to enter upon private property for such purpose, and it shall be unlawful for any person to interfere, hinder, or refuse to allow them to enter upon private property for such purpose and to destroy or remove weeds and Elehiis fbMI � in accordance with the provisions of this part. Any person owning, occupying,'renting, managing, leasing, or controlling real property in the City shall have the right to destroy or remove weeds and Elehr-is refuse, or have the same destroyed or removed at his own 00009,1 Ordinance No. 304 Page 4 expense, at any time prior to the arrival of the Fire Chief his authorized representatives for such purpose. 6-13.09. Account and Report of Cost of Abatement The Fire Chief shall keep an account of the cost of abatement e* f w in fent of each separate lot or parcel of land. He shall submit such itemized written report, showing such cost, to the Council for confirmation. Such report shall refer to each separate lot or parcel of land by description sufficiently reasonable to identify the same, together with the expense proposed to be assessed against it, which shall include charges sufficient to Me@tpayfa the administrative costs of the program. 6-13.10 Notice of Report and Hearing The City Clerk shall post a copy of such report and assessment!list on or near the door of the Council meeting room, together with the notice of the filing thereof and of the time and place when and where it will be submitted to the Council for hearing and confirmation. The posting shall be for at least five (5) calendar days prior to the submission of the Council. 6-13.11 Hearing of Report: Modification,• Confirmation of Report At the time and place fixed for receiving and considering the report, the Council shall hear the same, together with any protests or objections of the property owners liable to be assessed for the abatement. Upon the conclusion of such hearing, the Council shall then confirm the report by motion and the amount thereof shall constitute a lien on the property assessed until paid. The confirmation of the assessment by the Council shall be final and conclusive. 6-13.12. Report to Assessor and Tax Collector; Filing Copy of Report with County Auditor A certified copy of the report shall be filed with the County Auditor on or before August 10th of each year for entry of such assessments on the County tax roll. In the event the report cannot be prepared in time for the County Auditor to enter the assessment on the next immediate tax roll, the certified copy may be filed with the County Auditor an zn before August 10th of the succeeding year. 6-13.13 Collection of Assessment; Penalties and Procedures for Foreclosure The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes., Section 2. 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 this City in accordance with Section 36933 of the Government Code; shall certify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. 00009 Ordinance No. 304 Page 5 Ordinance No. 304 Section 3. 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 and seconded by the foregoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: MICHAEL P. McCAIN, Fire Chief u�UU:i6 Agenda Item: C-5 Mee ing Date: 4/23/96 * .NOTICE: THE STAFF REPORT FOR THIS TEM WAS NOT AVAILABLE AT THE TIME OF AGEN A PREPARATION AND WILL BE DISTRIBUTED SEPARAT LY. 00009'7