HomeMy WebLinkAboutAgenda Packet 04/22/1997 *PUBLIC REVIEW COPY
Please do not remove
from counter
ATASCADERO CITY COUNCIL
REGULAR MEETING
APRIL 22, 1997
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM
7:00 P.M.
George Harold Ray Jerry Ken
Luna Carden Johnson Clay Lerno
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,
disappro val.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the
Information Office (Room 103), available for public inspection during City Hall business hours.
The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need special assistance
to participate in a City meeting or other services offered by this City, please contact the City
Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. 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.
6:30 P.M. - CLOSED SESSION:
CONFERENCE WITH LABOR NEGOTIATOR:
Agency Negotiator: City Attorney
Employee Organization: Service Employees Intl. Union Local 620
7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Participation, back page)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
COUNCIL COMMENTS
PROCLAMATIONS: "Volunteer Recognition Month", April 1997
COMMUNITY FORUM
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 - February 11, 1997 [Marcia Torgerson]
(City Clerk recommendation: Approve)
2. CITY COUNCIL MINUTES - February 25, 1997 [Marcia Torgerson]
(City Clerk recommendation: Approve)
3. AGREEMENT BETWEEN CITY OF ATASCADERO AND ROY A. HANLEY FOR CITY
ATTORNEY SERVICES (authorized 2/25/97) [Bob Grogan]
(Staff recommendation: Ratify)
4. TENTATIVE PARCEL MAP 96017 AD - Consideration f a
3255 ARDILLA ROAD Co 0
tentative parcel map application to divide an existing 5.78-acre lot into two (2)
parcels of 2.89 acres each for single family residential use (Hjortland/Cannon
Associates) [Steve DeCamp]
(Planning Commission/Staff recommendation: Approve)
5. RESOLUTION NO. 25-97 - Declaring weeds a public nuisance and establishing
procedures for the abatement of said nuisances [Mike McCain]
(Staff recommendation: Adopt)
6. RESOLUTION NO. 29-97 - Modifying and adopting fees for miscellaneous and
special Police services [Bill Watton]
(Staff recommendation: Adopt)
7. ORDINANCE NO. 327 - Amending Sections 2-9.01, 2-12.01 and 2-13.03 of the
Atascadero Municipal Code to provide a method of appointment of Planning
Commissioners, Parks & Recreation Commissioners and members of the Building &
Construction Board of Appeals [Roy Hanley]
(Staff recommendation: Motion to waive reading of ordinance in full and adopt on
second reading by title only)
2
B. PUBLIC HEARINGS:
1. ORDINANCE NO. 328 - Amending Chapter 13 to Title 6 of the Atascadero Municipal
Code relating to the removal of weeds, rubbish and similar materials [Mike McCain]
(Staff recommendation: Motion to waive reading in full and introduce on first
reading by title only)
C. REGULAR BUSINESS:
1. RESOLUTION NO. 30-97 - Approving the consolidation of the Business License
renewal season to once per year in December [Brady Cherry]
(Staff recommendation: Adopt)
2. RESOLUTION NO. 31-97 - Relating to solid waste adjustment methodology
[Councilman Luna]
(Councilmember recommendation: Adopt)
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
1. S.L.O. County Mayors Group
2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
3. City/School Committee
4. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
5. Economic Round Table
6. Finance Committee
7. Air Pollution Control District
8. North County Council
9. Ad Hoc Regional Water Management Committee
10. 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
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.
`volunteer Recognition Month"
April, 1997
WHEREAS, one of our community`s greatest resources is its volunteers, who each year
contribute thousands o f hours to the City o f Atascadero, its st4 and citizens; a
WHEREAS, These volunteersgive freely of their time, enemy and ahilx , and ash only for
smile and a thank-you for their countless hours of service; and
WHEREAS, Their work is of the hf hest quality and br�htens the lives of others each day,
providing imtaluable assistance at city Hall, at the charles Paddocl� zoo, the P'C lice Facility and
throughout the Cq o f Atascadero; and
WHEREAS, volunteer services have become increasinjly valued,given t tefiscal constraints of
the city during recent years; and
WHEREAS,
The Nation is observing National volunteer Month throw t April, 1997;
NOW, THEREFORE, I Ray Johnson, Mayor of the City of Atascadero, do hereby proclaim
the month of Ayril, 1997 as
"volunteer Recognition Month"
and take great pleasure in expressing sincere gratitude and appreciation for the 4 ckcation, seWess and
compassfonate contributions made by volunteers of filiated with the R.S.V.P, A. .R.P. and c.A.L.L.
Programs.
RAY JOHNSON, May,r
cify of Atascadero, call ornia
April 22, 1997
"NATIONAL TOURISM WEEK,,
May 5-11, 1996
WHEREAS, The travel and tourism industry supports the vital interests 0.San Luis Obispo Count
contributing to our employment, economic yrosperq, international trade and relut ons,yeace, undrdan ftg
andgaadwill; and
WHEREAS, Travel and tourism ranks as San Luis Obispo County`s la gest:industry in terms of
revenuesgenerated; and
WHEREAS, 3.5 million visitors to San Luis Obispo County contribute $787,250,000 to the
local economy in 1994; and
wHEREAs, Those visitors yrovided Jobs for 10,672 citizens anally to San Luis Obispo Coumy;
and
WHEREAs, As eo le throughout the world become more aware o the cultural and
p p ug f : vutsta�d
recreational resources available in so Luis Obispo County and the united state, travel and tourism will
become an Increasingly imyortat aspect in the lives of our citizens; and
WHEREAS, Given these laudable contributions to the economics, social and cultural well-beim of
the citizens o f Atascadero, it is fitting that we recognize the importance o f travel wd tourism;
NOW, THEREFORE, i RAY Johnson, Mayor,of the City o f Atascadar, do hereby yroclaim the
week of May 4-10, 1997 as'"Atascadero Tourism Week" and call uyon the yec ple of our City to observe`
this week with appropriate ceremonies and activities,
RAY JOHNSON,Mayor
City of Atascadero, CA
Dated: Ap4122, 1997
EEMLV2_2/97 � -1
ATASCADERO CITY COUNCIL -- ff #
FEBRUARY 11, 1997
MINUTES
6:00 P.M. - SPECIAL SESSION:
Mayor Johnson called the Special Session mid-year FY 1996-97 bud t review to order at
6:02 p.m. As a result of the Council not receiving the information foi this special session
until this morning, the Council agreed to continue the item: They decided to take public
comment but continued discussion of the item to February 25, 1997, et 6:00 p.m.
Public Comment
Rush Kolemaine, P.O. Box 1990, expressed his appreciation to the C uncil for recognizing
the tardiness of submission of this report and its effect on the Counci and the public. He
went on to encourage all citizens to take a look at how the City is spending its funds.
Eric Greening, 7365 Valle, asked for clarification of the Mayor's co ments about public
comment on this issue. Mayor Johnson explained that the Council wi i not close this item
to public comment until the end of the public comment portion of this item at the February
25, 1997, meeting. Mr. Greening went on to say that he agreed with ontinuing the item.
Leon Korba, 10905 Santa Ana Road, commented on his concerns of if the `Council is
going to be able to address priorities for future spending. Mayor Johnson 'responded that
the Goal Setting Session scheduled for tomorrow has been postponed due to the
facilitator's mother being in the hospital. It should,be re-scheduled soon.
Mayor Johnson closed the meeting to public comment on this issue, the ,Special Session
mid-year FY 1996-97 budget review, until'February 25, 1997, whero the item has been
- continued.
Andy Takata, City Manager, reported that he had, as part of his report 'tonight, figures
regarding Stadium Park. He asked if the Council would like him to eview those figures
tonight. The Council agreed and Mr. Takata reviewed his handout f figures (Exhibit A,-
attached). Discussion ensued regarding paying back the WastewatEr fund and the high
interest paid concerning Stadium Park. Councilman Luna asked wher the TEA grant was
first available. Art Montandon, Deputy City Attorney, ;responded th t due to procedural
steps the funding cycle was pushed back as a result of the need for a second appraisal.
There was more discussion of the timing of the TEA grant, funding cycles, appraisals, etc.
Councilman Clay asked if everything was done in a timely manner. Mr. Takata and Mr.
Montandon responded by explaining the procedures the City was requi ed to follow.
Pu blic Comment
Joan O'Keefe, 9985 Old Morro Road East, addressed Councilm n Luna's question
concerning the Ardilla project and expressed surprise at Mr, De Carrip's comments that the
City had received some funds from that project. She went on to st to that she recently
had been in contact with Staff and had been told that there had been 60 mitigation on that
project.
CC 2111/97
Page l
Marge Mackey, Tunitas St., remarked that ANTA has planted a lot of trees all over the
City that have not cost the City anything, using volunteer labor.
Eric Greening, 7365 Valle, revealed that the City was looking into the TEA grant as early
as 1992. Mr. Greening also expressed concern as to how much tree removal mitigation is
really taking place. He went on to advise that tree removal mitigation is more than just
complying with our City's Tree Ordinance, it's a compliance to CEQA requirements to
mitigate negative declarations.
Mayor Johnson closed the public comment portion of this item, Stadium Park discussion_
Councilman Luna asked for an explanation of the special legal expenses noted on page 1.
Roy Hanley, Acting City Attorney, responded by explaining that Art Montandon is serving
temporarily as Deputy City Attorney until this Council resolves who the permanent City
Attorney will be. His work is not part of the special legal services. Mr. Hanley continued
by stating that there are only three items currently in the special litigation budget and they
are Orange County, the Carlton Hotel and the administrative appeal filed by the Police
Chief.
Mayor Johnsonannounced that this item, Special Session mid-year FY 1996-97 budget
review, will be continued to February 25, 1997, at 6:00 p.m.
THIS SPECIAL SESSION WAS ADJOURNED AT 6:50 P.M.
TO RECESS UNTIL REGULAR MEET/NG AT 7.*00 P.M.
7:00 P.M. - REGULAR
SESSION:
Mayor Johnson called the Regular Session to order at 7:05 p.m. and Mayor Johnson led
the Pledge of Allegiance.
ROLL CALL:
Present: Council members Carden, Clay, Lerno, Luna and Mayor Johnson
Absent: None.
Others Present: Marcia M. Torgerson, City Clerk; Rudy Hernandez, City Treasurer
Staff Present: Andy Takata, City Manager; Robert Grogan, Interim City Manager;
Brady Cherry, Community Services Director; Roy Hanley, Acting City
`Attorney, Art Montandon, Deputy City Attorney; Steve De Camp,
Acting Community Development Director Lt. Bill Watton, Acting
Chief of Police; Mike McCain,;Fire Chief, John Neil, Asst. City
Engineer; City Holton, Deputy City Clerk.
CC 2/1119?
Pap 2
PRESENTATION:
• Mayor Johnson presented Andy Takata, City Manager, with a plaque of appreciation for his
service to the community as the Community Services Director, Assistant City Manager and
City Manager.
Mr. Takata expressed his thanks for the opportunity he has had in Atascadero. In addition,
he stated that this move will be good for his family and for the City Council as they will
have this opportunity to choose someone to lead them to the next millennium.
COUNCIL COMMENTS:
Councilman Clay thanked Rudy and Andy for the Stadium Park update. He asked of Steve
De Camp, the details of the Tree Ordinance as it relates to planting versus paying into the
fund. Mr. De Camp explained that it costs the property owner less to plant trees than to
pay into the fund.
Mayor Johnson commented that he was planning on having Cuesta College come and brief
our community on their north county plans. Councilman Luna supported his comments.
Councilman Luna stated his request for the Council to pressure our legislators and the
League to set up a sales tax shift proposal. Further, he would like to see this on the
agenda so that a resolution in support could be considered.
Mayor Johnson added that he thought the Council had done something like that before so
isStaff could refer to prior actions for guidance.
COMMUNITY FORUM
Eric Greening, 7365 Valle, expressed agreement with Lon Allan in relation to the function
of the planning commission. He also remarked that he valued the input of the planning
commission. Also, regarding the Goal Setting Session, he urged the Council to notice the
meeting to the public.
Joan O'Keefe, 9985 Old Morro Road East, spoke concerning conflict of interest. She had
noticed that both Councilman Lerno and Councilman Clay have stepped down from voting
but no reason has been given. As an example, Ms. O'Keefe related that a couple of weeks
ago Supervisor Ryan stepped down and he informed the audience why. She went on to
state that she was interested as to why Councilman Lerno and Councilman Clay have
stepped down. Mayor Johnson responded by stating that the Council has asked the City
Clerk to review this issue. Furthermore, he explained that he planned on asking the City
Clerk and the City Attorney to work together on a set of guidelines to bring to the Council
assuring that the Council is following all the rules. Councilman Lerno responded by stating
that he's not always sure if he's required to step down. Therefore, as a conservative
measure, he has stepped down whenever there was any doubt. Councilman Clay
expressed that he has done the same.
Geraldine Brasher, 3202 Monterey Road, addressed the subject of individual appointments
to the planning commission. She stated, as a former planning commissioner, that she felt
. it was important to maintain diversity in the planning commission.
CC 2/11/97
Page 3
Leon Korba, 10905 Santa Ana Road, expressed that, concerning the planning commission
appointments, he felt they do a lot of research that the Council is unable to do because of
time constraints. The Council can still overturn any decisions the planning commission
might make.
Dorothy McNeil, 8766 Sierra Vista Road, commented that appointing planning
commissioners does not allow for public applications and public interviews. She said she
felt that was a vital part of the process.
Raymond K. Jansen, 6655 Country Club Drive, read a prepared statement expressing his
philosophy concerning attitudes as they effect the our relationships with others.
Mayor Johnson closed the community forum portion of the meeting. He then stated an
oversight on his part to welcome Bob Grogan, Interim City Manager.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - December 10, 1996
(City Clerk's recommendation: Approve)
2. TENTATIVE PARCEL MAP 96012, 6060 SAN GABRIEL ROAD - Consider
application to divide an 8.46 acre original Colony lot into two (2) new parcels of
4.32 and 4.14 acres for single-family residential use (Rede)/Sholders)
(Planning Commission/Staff recommendation: Approve)
Councilman Luna pulled Item A-1.
Motion: By Councilman Luna, seconded by Councilman Carden to approve
Item A-2.
Motion passed 5:0 by roll-call vote.
RE: Item A-1: Councilman Luna asked that the minutes be corrected on page 7, where it
says Senator Montoya's bill, it should be Senator Mountjoy. He indicated he may not have
enunciated clearly.
Motion: By Councilman Luna, seconded by Councilman Carden to approve
Item A-1 with the above-mentioned corrections.
Motion passes unanimously by roll-call vote.
B. PUBLIC HEARINGS: None scheduled.
C. REGULAR BUSINESS:
1. RESOLUTION NO. 17-97 - Authorizing an agreement between the City and David
M. Griffiths & Associates, Ltd. for executive recruitment services
(Staff recommendation: Adopt)
CC 2/11/97
Page 4
Andy Takata provided staff report and explained the differences between the firms being
considered. Mr. Takata and Bob Grogan, Interim City Manager, then answered Council
questions.
• Public Comment - None.
Motion: By Councilman Luna, seconded by Councilman Lerno to adopt
Resolution No. 17-97 authorizing an agreement between the City and
David M. Griffiths & Associates, Ltd. for executive recruitment
services.
Motion passed unanimously by a roll-call vote.
2. RESOLUTION NO. 14-97 - Authorizing City Manager to enter into agreement for
City Attorney services
(Staff recommendation: Adopt, or provide direction)
Andy Takata, City Manager, related that he was aware that some of the council members
were unable to review all the proposals as the Staff report was late. If that's the case, he
wanted to request that the item be continued.
Council consensus was to continue this item to the next meeting, February 25,
1997.
3. ECONOMIC VITALITY CORPORATION
A. Resolution No. 15-97 - Authorizingthe execution of an agreement with the
9
Economic Vitality Corporation of S.L.O. County to administer the City's
Revolving Loan Fund Block Grant
(Staff recommendation: Adopt)
B. Resolution No. 16-97 - Authorizing the execution of an agreement with the
Economic Vitality Corporation of S.L.O. County to provide Economic
Development Services
(Staff recommendation: Adopt)
Andy Takata, City Manager, provided staff report.
Gregg Goodwin, president of the Economic Vitality Corporation, answered numerous
Council questions. The main topic of questions were concerning the $15,000.00 fee for
service and how it was developed. Mr. Goodwin explained it was based on population.
Councilman Luna asked that the Council turn to page 40 of the Staff report, the contract.
He recommended that Section #3 should read, "Said report shall include a detailed
breakdown of all activities benefiting the City of Atascadero."
Mr. Goodwin stated he had no problem with that wording. He also responded to
Councilman Clay's question of how the EVC would work with our Chamber of Commerce.
•
CC 2/11/97
Page 5
Public Comment
Rush Kolemaine, P.O. Box 1990, explained that he was the only person in the history of
Atascadero that came to the City Council with a suggestion on how to create economic
development capability within city government. He expressed his concern that this
agreement would not address the specific needs of Atascadero but the county as a whole.
Mr. Goodwin responded by stating that the EVC will serve all cities equally.
Micki Ready, Atascadero Chamber of Commerce, reported that she had not had a chance
to meet with Mr. Goodwin, but that she did have some reservations. She then requested
that the Council continue this item so that the Chamber could have some time to meet
with the EVC and go over their concerns.
Mayor Johnson asked Mr. Takata where the $15,000.00 for the development agreement
would be coming from and Mr. Takata answered it would be coming from CDBG funds.
Leon Korba, 10905 Santa Ana Road, expressed concern over lack of details in these
agreements.
Geraldine Brasher, 3202 Monterey Road, asked if EVC doesn't perform to our satisfaction,
how soon could we get out of the contract. Roy Hanley, Acting City Attorney, responded
that it's an annual contract. Mr. Goodwin added that there's a 30-day clause in the
contract.
Gary Kirkland, 4620 Portola Road, voiced his concerns of accepting federal grant money
which would put the federal government in greater debt than it already is.
Rush Kolemaine, P.O. Box 1990, stated he agreed with Micki Ready's request to continue
this item to give the business community some time to review these agreements.
Raymond Jansen, 6655 Country Club Drive, commented that he was concerned that
Atascadero will get left out.
Public comment closed.
Mayor Johnson stated that this is not a new issue. It started with the ERT of which the
Chamber is a member. We even have an economic element of our General Plan. Lengthy
Council discussion ensued.
Mayor Johnson said that he would open this item again to public comment against his
better judgment.
Public Comment
Rush Kolemaine, P.O. Box 1990, stressed letting the public have input in this process.
Micki Ready, Chamber of Commerce, apologized for the confusion. She explained that her
problem is with the formula.
Public comment closed. •
CC 2/11/97
Page 6
Motion: By Councilman Carden, seconded by Councilman Luna to adopt
Resolution No. 15-97 authorizing the execution of an agreement with
the Economic Vitality Corporation of S.L.O. County to administer the
City's Revolving Loan Fund Block Grant.
Motion passes unanimously by a rol%call vote.
Motion: By Councilman Carden, seconded by Councilman Luna to adopt
Resolution No. 16-97 authorizing the execution of the agreement with
the Economic Vitality Corporation of S.L.O. County to provide
Economic Development Services with the following amendments:
A 30-day clause, a flat fee instead of formula and on page 40,
section 3 adding "Said report shall include a detailed
breakdown of all activities benefiting the City of Atascadero."
Motion passes unanimously by a roll-call vote.
Mayor Johnson called for a 10 minute recess.
4. AMERICANS WITH DISABILITIES ACT
A. Resolution No. 11-97 - Approving the reallocation of $5,000 in the 1995-96
CDBG funds for preparation of Americans with Disability Act (ADA) reports
(Staff recommendation: Adopt)
B. Resolution No. 12-97 - Authorizing the execution of an agreement with
Phillips Metsh Sweeney Moore Architects for preparation of the City of
Atascadero's Self-Evaluation and Transition Plan Reports
(Staff recommendation: Adopt)
Brady Cherry, Community Services Director, provided staff report and answered Council
questions. Roy Hanley, Acting City Attorney, also responded to Council questions.
Mayor Johnson confirmed with Mr. Cherry that the Council doesn't have a choice in this
matter. Mr. Cherry agreed and added that this study is a federal requirement.
Public Comment
Don Sheer, SLO CO Access, spoke in favor of allocating the additional $5,000 for the
transition plan. He stated that he appreciated the City's attempts at compliance and that
SLO CO Access would like to work with the City in getting this done.
Paul Wolf, vice-chair of SLO CO Access, consulting architect on the ADA explained that
the ADA is a civil rights law, not a building law.
Janice Casaka, Tot Lot Committee, came to show support of access to all public facilities
for everyone.
Public comment closed.
•
CC 2/11/97
Page 7
Motion: By Councilman Luna, seconded by Councilman Carden to adopt
Resolution No. 11-97 approving the reallocation of $5,000 in the
1995-96 CDBG funds for reparation of Americans with Disability Act
(ADA) reports. .
Motion passed unanimously by at roll-call vote.
Motion: By Councilman Luna, seconded by Councilman Carden to adopt
Resolution No. 12-97 authorizing the execution of an agreement with
Phillips Metsh Sweeney Moore Architects for preparation of the City
of Atascadero's Self-Evaluation and Transition Plan Reports.
Motion passed unanimously by a roll-call vote.
5. GRAVES CREEK RECONSTRUCTION PROJECT
(Staff recommendation: Approve revised scope of work)
John Neil, assistant City Engineer, provided staff report, explaining that this project would
be paid for out of the developer impact fees fund and not the general fund. He answered
Council questions.
Public Comment
Fred Frank, 3615 Ardilla, spoke for the Frank family and the Hidden Springs Tree Farm.
He expressed support for the staff's recommendation to narrow the scope of the project
and focus on drainage. Mr. Frank wanted to go on record as requesting that the Council
support the full remediation of the drainage problem which has affected his property.
Becky Elwood, 7720 Graves Creek Road, voiced support for staff's decision to address the
drainage problems on Graves Creek Road.
Craig Dobbs, 7755 Graves Creek Road, also expressed support for the revised scope of
work recommended by staff. Mr. Dobbs also asked for a stop sign on Graves Creek Road.
Mayor Johnson suggested that he submit that request to the Traffic Committee for review.
Public comment closed.
Motion: By Councilman Luna, seconded by Councilman Lerno to approve the
revised scope of work on Graves Creek Road reconstruction project.
Motion passed unanimously by a roll-call vote.
6. MEMBERSHIP OF THE AD HOC DEVELOPMENT REVIEW COMMITTEE
(Staff recommendation: Reaffirm membership & make appointments to two
vacancies)
Steve DeCamp, Acting Community Development Director, provided staff report and
answered Council questions. Discussion ensued concerning whether this is an ad hoc
committee or a standing committee. Roy Hanley, City Attorney, added that if it is a
standing committee it must comply with the Brown Act and notice its meetings, etc.
Councilman Lerno offered to fill the Council member vacancy.
CC 2/11/97
Page 8
Public Comment - None.
Mayor Johnson received Council consensus to appoint Councilman Lerno to fill that
position. Council directed staff to review member list, check with existing members to see
if they want to continue, and fill any vacancies as before, i.e. if the Board of Appeals
position is vacant, have the Board of Appeals appoint a new representative.
7. ORDINANCE NO. 319 - Amending Map 23 of the official zoning maps by rezoning
certain real property at 10920 EI Camino Real from RMF/16 to RMF/16 (PD7)
(ZC 96011 : Nichols/Charnley/Sholders)
(Planning Commission/Staff recommendation: Motion to waive reading in full and
adopt on second reading by title only)
Councilman Clay announced that he was stepping down on this item because of a conflict
of interest. There is a good possibility that when this development is completed, he would
be listing the homes.
Steve DeCamp, Acting Community Development Director, provided staff report.
Public Comment - None.
Motion: By Councilman Carden, seconded by Councilman Lerno to
waive reading in full and adopt on second reading by title only
Ordinance No. 319.
• Motion passed 4:0 by roll-call vote.
8. ORDINANCE NO. 320 - Adding Section 4-2.1011 to the Atascadero Municipal
Code, prohibiting skateboard and rollerblade cruising
(Staff/City Attorney's recommendation: Motion to waive reading in full and adopt
on second reading by title only)
Mayor Johnson stated that this ordinance now includes the changes that were requested
by the Council. Roy Hanley, City Attorney, confirmed that statement.
Public Comment - None.
Motion: By Councilman Luna, seconded by Councilman Lerno to adopt
Ordinance No. 320.
Motion passed 5:0 by roll-call vote.
9. ORDINANCE NO. 321 - Providing for the regulation of newsracks and repealing
sections inconsistent therewith.
(City Attorney's recommendation: Motion to waive reading in full and adopt on
second reading by title only)
No Council questions or comments.
CC 2/11/97
Page 9
Public Comment - None.
Motion: By Councilman Luna, seconded by Councilman Carden to
adopt Ordinance No. 321 .
Motion passes unanimously by a roll-call vote.
D. COMMITTEE REPORTS
1 . S.L.O. County Mayors Group: Mayor Johnson announced that the Mayors will be
meeting with Tom Bordonaro and Jack O'Connell on the 21 st. and bringing to their
attention several items including funding mandates.
2. S.L.O. Council of Governments: Councilman Carden stated that Atascadero is due
to receive $100,000.00 for the 41/101 drainage project. That will fully fund the
$700,000.00 project.
3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group:
Councilman Clay reported that the unclaimed Nacimiento water was discussed.
4. Finance Committee: Councilman Luna announced that they met last Wednesday to
go over the mid-year budget review.
5. Ad Hoc Regional Water Management Committee: Councilman Clay reported that
Santa Maria request for taking State water and running it through their system and
then redistribute it and sell to the Nipomo basin was discussed. Also, well testing
techniques were reviewed. .
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council: Mayor Johnson commented on the memorandum distributed by the City
Clerk regarding conflicts of interest. He asked the City Clerk and City Attorney review this
together and come back with some guidelines on the reporting of conflicts and the correct
method of handling it.
Councilman Clay asked if the Council could receive their agenda packets earlier for review.
Andy Takata, City Manager, responded that it was being worked on and that Bob Grogan,
Interim City Manager, would be implementing a new schedule for agenda completion.
City Clerk: Marcia Torgerson, City Clerk, asked for authorization to recruit for a City
representative on the Citizens' Transportation Advisory Committee.
City Manager: Andy Takata, City Manager, clarified that the Goal Setting Session was
postponed due to the consultant's father-in-law's sudden, grave medical condition. The
session will be re-scheduled soon.
Mr. Takata also explained that there were several personnel issues pending and since he
was leaving in 3 days, Bob Grogan would be handling those issues.
In conclusion, Mr. Takata expressed his opinion of the future of Atascadero.
CC 2/11/97
Page 10
The meeting was adjourned by Mayor Johnson
at 10:02 p.m. to closed session.
F. CLOSED SESSION: (Called to order at 10:05 p.m.)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
An exit interview was held of Andy Takata.
The closed session was adjourned by Mayor Johnson
at 10:50 p.m. to the meeting of February 25, 1997, at 6:00 p.m.
MINUTES RECORDED BY:
MARCIA M. TORGERSON, City Clerk
. ATTACHMENTS: Exhibit A - Schedule of Stadium Park Costs
CC 2/11/97
Page 11
City of Atascadero
Schedule of Stadium Park Costs
Funding Uses Amount
Principal Due $248,500.00
Interest 7/6/93-7/5/94 24,850.00
Interest 7/6/94-7/5/95 24,850.00
Interest 7/6/95-12/5/95 10,354.15 (5 mos.)
Interest 12/5/95-12/31/95 1,794.78 (26 days)
Interest 1/1/96-1/31/96 2,070.83
Interest 2/1/96-2/14/96 1.104.48
Subtotal (principal and interest) $313,524.24
Add: Taxes for FY 1993/94 651.84
Subtotal-Amount to be paid to purchase Stadium Park $314,176.08
Misc. Notes: Payee: Laskin &Graham Trust Account. Date paid: 2/14/96, Check No. 52662
Other Costs Related to Acquiring Stadium Park
Appraisal services $ 2,500.00
Legal services 1,807.65
TEA Consultant cost 2.850.00
Subtotal $ 7.157.65
Total Cost $321,333.73
Funding Sources
Transportation Enhancement Activities(TEA)Grant $124,000.00
Donation from Atascadero Land Preservation Society 15,000.00
Donation from Atascadero Native Tree Association 14,000.00
Wastewater Fund loan 168.333.73
Total Funding Sources $321,333.73
Misc. Notes: 1. TEA Grant was received on 4/4/96 in the amount of$124,000.
2. Donations from Atascadero Land Preservation Society were received on 2/29/96 in
the amount of$10,000, and on 6/27/96 in the amount of$5,000 (total $15,000).
3. On 6/30/96, a transfer was made from the Tree Plant Fund (#301) to the General
Fund to help cover cost of Stadium Park.
1
Agenda Item: A-2
Meoting Date: 4/22/97
s
ATASCADERO CITY COUNCIL
FEBRUARY 25, 1997
MINUTES
6:00 P.M. - SPECIAL SESSION:
MID-YEAR FY1996/97 BUDGET REVIEW
Bob Grogan, Interim City Manager, conveyed that the Mid-Year Budget deport before the
Council had been reviewed by the Finance Committee. City Treasurer Oudy Hernandez
provided an overview of the report, fund by fund, saying its purpose is �o 1) provide
Council, public and staff with mid-year budget status, 2) revisit budget issues which were
discussed during the budget process hearing, and 3) to perhaps give staff direction in terms
of next year's budget. Staff responded to questions from Council during the review, and
Council direction was given on various aspects of the format of the budget document.
Staff was asked to develop a routine accounting of fixed assets, in particular the computer
and telecommunications equipment of the former City Manager in order'to determine its
disposition for optimum use.
Mayor Johnson emphasized the goal of producing a signed budget by July 1 st this year.
Bob Grogan concurred and said that he plans to develop a budget calendar next week,
distribute forms to staff and prepare for as many study sessions as the Council feels are
needed.
Councilman Carden reiterated a request by Council for a monthly cash flow report.
Motion: By Councilman Carden, seconded by Councilman Luna, to transfer
50% of the Contingency Funds into Reserve. Mot�on passed by 5:0
roll-call vote.
Rudy Hernandez announced that, not reflected in his staff report, the emergency Police
Reserve Fund was not acted on during this budget year but is expected to receive approx-
imately $30,000 in revenues and pay out $30,000. He would like to recommend an
adjustment be included to reflect this fund as part of the mid-year budget. Council
concurred with this recommendation.
The Council recessed for a break from 7:10 to 7.16 p.In.
7:00 P.M. - REGULAR SESSION:
Mayor Johnson called the Regular Session to order at 7:16 p.m. and Councilman Clay led
the Pledge of Allegiance.
CC 2/25/97
Page 1
ROLL CALL:
Present: Councilmembers Carden Clay, Lerno Luna and Mayor Johnson
Absent: None
Others Present: Marcia M. Torgerson, City Clerk; Rudy Hernandez, City Treasurer
Staff Present: Robert Grogan, Interim City Manager; Brady Cherry; Community
Services Director; Roy Hanley, Deputy City Attorney; Steve DeCamp,
Acting Community Development Director; Lt. Bill Watton, Acting Chief
of Police; Mike McCain, fire Chief; John Neil, Asst. City Engineer;
Cindy Holton, Deputy City Clerk
COUNCIL COMMENTS:
Mayor Johnson conveyed that press releases had been issued announcing that the City
Accountant position has been accepted by Rachelle Rickard, and that a public forum to
discuss the topic of permit streamlining will be held from 6-7:30 p.m. on March 5"' at the
Lake Pavilion. In addition, he announced that the City Council will be in an all-day planning
session tomorrow with a consultant facilitator in the Club Room, beginning at 8:30 a.m.
No action will be taken and the session is open to the public he invited comments from the
public under the Community Forum tonight.
Councilman Luna referred to A.M.C. Sec. 2-4.18, Relations with Council, and expressed
concerns about what could occur at the planning session tomorrow. He expressed concern
that some consensus will be formed by the City Council and the City Manager may feel
pressure or the need to carry out some of the goals that might be discussed. Mayor
Johnson noted Councilman Luna's concern and expressed that the issue will be addressed
at the start of Wednesday's work session.
Councilman Carden reiterated his request of staff to provide him with information as to
what steps are necessary to form an assessment district. Councilman Luna added that he
has received calls asking for information as to how to bring their road up to standards for
acceptance into the City-maintained system. Brady Cherry suggested comments or ques-
tions regarding street maintenance district formation be directed to either him or John Neil,
who set up neighborhood meetings to inform citizens of the process. He asked that
Council consider whether the City should take on additional long-term road maintenance.
Bob Grogan recommended that he be directed to draft a letter over the Mayor's signature
to express the City's opposition to SB 147, which relates to the above subject and would
adversely affect cities. Consensus was to direct Mr. Grogan to draft such a letter.
Mayor Johnson noted a request of the Historical Society to serve alcoholic beverages at a
Chamber Mixer in the museum on June 19t''. The issue will be brought before the Council
for a policy determination.
COMMUNITY FORUM
Eric Greening, 7365 Valle, shared Councilman Luna's concern about the Council planning
session. He questioned the absence of a written agenda for the meeting. Mayor Johnson
CC 2/25/97
Page 2
responded that Council discussion on any direction to be taken must take place in a public
forum.
Don Duckworth, facilitator for tomorrow's Council planning session, responded that the
agenda is very open and there is no preconceived direction or ideas by the Council. He
surmised that, given the transition of the City organization, they will probably be talking
about Council priorities for the coming six months, then goal processes for the ensuing 12-
18 month period. He supposed the priorities might be the kinds of direction that the
Interim City Manager can take and guidance for budget preparation. Mr. Duckworth will
prepare a report after tomorrow's session, which the Council will have the prerogative of
considering in public session for approval or to provide modifications. This is a typical
process which has taken place in a number of communities.
Leon Korba, Santa Ana Rd., asked what the status is of increasing the City's population
through annexation of the State Hospital and, thereby, receiving more revenue. Steve
DeCamp summarized the status of the City's application to LAFCO, which he noted is a
function of law, occurs in steps and is not a rapid process. Mr. Korba also asked how
widespread notice of tomorrow's Council planning session is. Bob Grogan responded that
the Council originally scheduled the session at their January 28th meeting.
A. CONSENT CALENDAR:
1. APPROVAL OF WARRANTS - January 1997
(Staff recommendation: Approve)
• 2. GENERAL PLAN CONFORMITY REPORT 97-1 - Consider finding County's disposition
of certain real property to be in conformance with City's General Plan [Steve
DeCamp]
(Planning Commission/Staff recommendation: Find to be in conformance w/General
Plan)
Councilman Carden pulled Item A-1 for discussion.
Motion: By Councilman Carden, seconded by. Councilman Luna to approve
Item A-2. Motion passed unanimously by roll-call vote.
Re: Item A-1: Councilman Carden asked if electronic transfers are included in the City's
warrants. The City Treasurer was not present; Mr. Grogan will find out and report back to
the Council.
Motion: By Councilman Carden, seconded by Councilman Lerno to approve
Item A-1 . Motion passed unanimously by roll-call vote.
B. PUBLIC HEARINGS:
1. GENERAL PLAN AMENDMENT 96007/ZC 96012, 4055 EL CAMINO REAL
[Steve DeCamp]
(continued, next page)
CC 2/25/97
Page 3
A. Resolution No. 09-97 - Approving an amendment to the land use map by
changing the land use designation of certain real property at 4055 EI Camino is
Real from Retail Commercial to High Density Single Family Residential
(Planning Commission/Staff recommendation: Adopt)
B. Ordinance No. 321 - Amending the official City zoning map by rezoning
certain real property at 4055 EI Camino Real from CR (Commercial Retail) to
LSF-X (Limited Single Family High Density Residential)
(Planning Commission/Staff recommendation: Motion to waive reading in full
and introduce on first reading, by title only)
Steve DeCamp, Acting Community Development Director, provided staff report. He noted
the number of the ordinance should be corrected to 322 (as opposed to 321 as shown on
the staff report).
Public Comment:
Alan Volbrecht, agent for the applicant, offered to respond to questions. There were none.
Motion: By Councilman Carden, seconded by Councilman Lerno to adopt
Resolution No. 09-97. Motion passed unanimously by roll-call vote.
Motion: By Councilman Carden, seconded by Councilman Lerno to waive the
reading of Ordinance No. 322 in full and introduce it on first reading
by title only. Motion passed unanimously by roll-call vote.
C. REGULAR BUSINESS:
1. WORKSHOP ON ATASCADERO DIAL-A-RIDE PROGRAM: Presentation of report by
Nelson/Nygaard, SLOCOG Consultants [Brady Cherry]
(Staff recommendation: Review & provide direction)
Brady Cherry, Community Services Director, provided staff report and responded to
questions from Council. Related discussion ensued.
Public Comment
Rush Kolemaine, Box 1990 Atascadero, pointed out that he personally circulated a transit
needs petition and his Municipal Transit Review report is his contribution to the City as a
private citizen.
Eric Greening, Valle Ave., complimented Mr. Kolemaine for his initiative on this subject. He
encouraged a broader look at transit needs be considered for possible opportunities to
coordinate with SLORTA service.
Council consensus was to schedule a transit workshop/hearing for 6:00 p.m. on
Wednesday, March 19, 1997.
(continued, next page)
CC 2/25/97
Page 4
Councilman Carden asked the Council to consider: In the event that the City Council opts
to go to a fixed route system, he has been trying to propose through SLOCOG and SLORTA
a regional transit system, rather than each City having its own fixed route system. He
proposes the possibility of selling the yard and assets and allow SLORTA to run the
system, which he believes would, overall, save the taxpayer money.
2. RESOLUTION NO. 14-97 - Authorizing City Manager to enter into agreement for City
Attorney services (Cont'd from 2/11/97) [Bob Grogan]
(Staff recommendation: Adopt, or provide direction)
Bob Grogan, Interim City Manager, provided staff report, which was prepared for the last
regular Council meeting by former City Manager Andy Takata.
Mayor Johnson indicated he had done a matrix review of all the proposals submitted, and it
was clear to him that the expenses of the outside firms were a "dark hole", over-
expanding. He noted that one of the critical issues for the Council to consider is cost
control of the legal aspect. Councilmembers Luna and Carden agreed and expressed
support for Roy Hanley's proposal and satisfaction with his services to date. There was no
public comment.
Motion: By Councilman Luna, seconded by Councilman Clay to adopt
Resolution No. 14-97. Motion passed by unanimous ro/%ca// vote.
Staff was further directed to negotiate a contract with Roy Hanley based on the
proposal of 56,000 per month for unlimited hours, $95 per hour for litigation
services, and to bring it back for formal Council ratification at a future meeting.
D. COMMITTEE REPORTS:
1. S.L.O. County Mayors Group: Mayor Johnson announced that a joint councils
meeting is scheduled for 6:00 p.m. on April 17, 1997, at the Cliffs Restaurant in
Shell Beach. A quorum of our City Council will be needed to have a vote at that
meeting. Senator O'Connell reported at the last Mayors meeting on the CHP
helicopter program dedication. The helicopter has been offered for general region-
wide law enforcement/medical emergency use on a back-up basis, when available.
Sen. O'Connell also had discussed SB 147 and encouraged cities to convey their
comments about the perceived ramifications. Atascadero is scheduled to host the
March Mayors meeting.
2. North County Council: Mayor Johnson reported that he will be meeting with Paso
Robles Mayor Duane Picanco and Supervisors Ovitt and Ryan on Friday, March 7tn,
to discuss working together on north county issues of mutual concern.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council: Councilman Carden thanked Bob Grogan for his involvement in State
legislative issues which impact the City, an area which has been lacking in the past. He
also asked staff to schedule a review of Community Services Director Brady Cherry's job
CC 2/25/97
Page 5
description at hire versus current, increased responsibilities. Brady was commended for his
handling of additional job duties.
Councilman Lerno expressed his need for more time to review and digest the budget. He
asked the citizens of Atascadero to realize there is a lack of money and problems are
addressed with bandaids. He emphasized that difficult decisions and certain cut-backs will
need to be made and presented a list of items which he believes need to be seriously
looked at: Privatize the zoo; obtain a proposal from the County for the cost of contract
law enforcement with Sheriff's Dept.; investigate the privatization of the City's wastewater
treatment facility; investigate contract with CDF for fire services. He noted he does not
want to do any of these things and they may not result in the best solutions, but they
should be investigated as back-up.
Ray Johnson noted that all cities in the county are suffering financially, as is Atascadero,
and our problems are tied to a break-down of funding mechanisms and not solely the
problems encountered with Orange County.
Jerry Clay congratulated Roy Hanley on his appointment as City Attorney. Referring to
Councilman Lerno's concerns, he conveyed to the public that all of the 70% property tax
revenue that the City receives goes to the Police Department, and of the sales tax, the City
receives 10 of every dollar spent, the majority of which goes to the Fire Department; these
are the City's two largest sources of revenue.
Councilman Carden asked staff to bring a copy of the Economic Development Element to
Wednesday's goal-setting session, as it includes some proposed business development
incentives.
City Attorney: Roy Hanley announced that he will be bringing a report to the Council
within the next couple of months on how the City handles its tort (claims) defense. Claims
currently go through a JPA and costs are spread over three years, which makes things look
better than they actually are. He feels this is an avenue of cost control which should be
closely evaluated.
The meeting adjourned at 8.38 p.m. to
8:30 a.m. Wednesday, February 26"', in the Club Room
for the purpose of conducting a Council Goal-Setting Workshop
MINUTES RECORDED BY:
MARCIA M. TORGERSON, City Clerk
PREPARED BY:
CINDY L. HO ON, Deputy City Clerk
CC 2/25/97
Page 6
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-3
From: Robert F. Grogan, Interim City Manager Meeting Da%: 4/22/97
SUBJECT: Agreement for City Attorney Services
RECOMMENDATION:
Ratify the attached agreement with Roy A. Hanley (Contract No. 97009).
BACKGROUND:
On February 25, 1997, the City Council adopted Resolution No. 14-97, authorizing
the execution of an agreement with Roy A. Hanley for City Attorney services.
Staff was directed to negotiate the contract and bring it back for formal ratification.
Said contract is attached.
000001
(CONTRACT NO. 97009)
EMPLOYMENT AGREEMENT
This Agreement, made and entered into this 1st. day of March, 1997, by and
between the City of Atascadero, (hereinafter called Atascadero), and Roy A. Hanley,
(hereinafter called Hanley).
RECITAL
1. Atascadero desires to employ the services of Hanley as City Attorney.
2. It is the desire of Atascadero to receive and retain the services of Hanley and
to provide for terminating his services at such time as he may be unable to fully discharge
his duties or when he or Atascadero may otherwise desire to terminate his employ.
3. Hanley desires to accept the employment as City Attorney.
Now, therefore, in consideration of the mutual covenants herein contained, the
parties agree as follows:
4. Atascadero hereby contracts with Roy A. Hanley to serve as City Attorney.
Hanley agrees to perform the functions and duties of the position, and any additional
duties that may be assigned from time to time. A general description of the duties and
responsibilities of City Attorney are set forth in the Municipal Code and incorporated herein
by this reference.
Legal services shall include preparation and review of ordinances, resolutions,
agreements and contracts; legal research and provision of advice to the City Council, City
Manager and other designated City Staff; attendance at City Council meetings, rendering
of legal opinions to the City, attendance at staff meetings and agenda review meetings;
1
{ 0OW2
handling of code enforcement administratively and through criminal process; and such
other legal services as may be directed by the City Council or City Manager.
Legal services will not include matters in which Hanley has a conflict of interest that
precludes Hanley from representing the City. Where Hanley has such a conflict or deems
the City would be better served by outside counsel, Hanley shall, following consultation
with the City Manager, provide the City Council with a recommendation. First preference
will be given to using any Deputy City Attorney appointed by Hanley to avoid cost to
Atascadero.
5. This Agreement shall remain in effect indefinitely until terminated as provided
for in this Agreement. Atascadero may terminate this Agreement, without cause, at any
time, upon thirty (30) days written notice. Hanley may terminate this Agreement, without
• cause, at any time, upon thirty (30) days written notice.
6. Hanley shall serve as City Attorney as an independent contractor. Hanley shall
provide services of himself, and a named Deputy, who shall also serve at the will of the
City Attorney, for the flat rate of six thousand dollars ($6,000.00) per month for all non-
litigation services. Hanley, and any of his deputies or employees, shall bill for litigation
at the rate of ninety-five dollars ($95.00) per hour plus actual costs. 'There shall be no
markup of costs incurred in litigation.
Hanley shall bill for litigation services and report on regular City Attorney services
on a monthly basis. Each bill and report shall indicate the date of work done, the work
accomplished, and the time spent. There shall be no charge for overhead costs, and no
charge for telephone service, facsimile charges, regular postage and routine copying of
2
00 P03
documents. There shall be no charge for costs except actual litigation costs such as
witness fees, deposition-costs and other costs not directly paid by Atascadero.
7. Hanley may engage in outside activities in a private legal practice. There is no
limit on time spent by Hanley and any appointed Deputy performing services pursuant to
the monthly retainer Agreement, but Hanley and any appointed Deputy are not full-time
employees and are free to engage in other activities without seeking to obtain approval
from Atascadero.
8. Hanley shall comply with all local and state requirements regarding conflicts of
interest and shall avoid personal involvement in situations which are inconsistent or
incompatible with the position of City Attorney.
9. Atascadero may set such other terms and conditions of employment as it may
determine from time to time, relating to the performance of Hanley, provided such terms
and conditions are not inconsistent with or in conflict with provisions of this Agreement or
any state or local law.
10. Although Hanley is an independent contractor, and not an employee,
Atascadero shall provide for the defense of Hanley in any action or proceeding alleging
an act or omission within the scope of his employment by Atascadero in conformance with
with state law.
11. This Agreement constitutes the entire agreement of the parties.
12. This Agreement shall become effective commencing March 1, 1997.
13. If any provision, or any portion, hereof, is held unconstitutional, invalid, or
•
3
0000O4
unenforceable, the remainder of the Agreement, or portion thereof, shall be deemed as
severable, shall not be effected and shall remain in full force and effect.
DATED: March MI 1997 :ge
R ERT GROGAN, i r
DATED: March , 1997
R A. HALE , City Attorney
4
000005
i
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-4
Through: Robert F. Grogan Meeting Date: 04/22/97
Interim City Manager
File Number: TPM 96017
Via: Steven L. DeCamp
Acting Community Development Director
From: Gary Kaiser, Associate Planner
SUBJECT:
Consideration of a tentative parcel map application to divide an
existing 5.78-acre lot into two (2) parcels of 2 .89 acres each for
single family residential use. Subject site is located at 3255
Ardilla Road. (John & Amy Hjortland/Cannon Associates)
RECOMMENDATION:
Approve Tentative Parcel Map 96017 in accordance with the Planning
Commission' s recommendation.
BACKGROUND:
The Planning Commission conducted a public hearing on the above-
referenced tentative parcel map request on April 1, 1997. After
discussion (see attached minutes excerpts) , the Planning Commission
voted unanimously to approve Tentative Parcel Map 960117 in accord-
ance with the Findings contained in the staff report;, dated April
1, 1997 and the attached Revised Conditions of Approval.
/ph
Attachments : Planning Commission Staff Report - April 1, 1997
Minutes Excerpts - April 1, 1997
Revised Conditions of Approval April 1, 1997
000005
CITY OF ATASCADERO Item: B. 1
STAFF REPORT
FOR: Planning Commission Meeting Date: April 1, 1997
BY: Gary Kaiser, Associate PlannerGO-2-1 File No: TPM #96017
SUBJECT:
Consideration of a tentative parcel map application to divide an
existing 5.78-acre lot into two (2) parcels of 2.89 acres for
single 'family residential use.
RECOMMENDATION
Staff recommends:
1. That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) ; and
2. That Tentative Parcel Map #96017 be approved based on the
Findings for Approval contained in Attachment E and the
Conditions of Approval contained in Attachment F.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . .. . . ..John & Amy Hjortland
2. Representative. . . . . . . . . . . . . .Cannon Associates
3. Project Address. . . . . . . . . . . . .3255 Ardilla Road
4. Site Area. . . . . . . . . . . . . . . . . . .5.78 acres
5. General Plan Designation. . . .Suburban Single Family
6. Zoning. . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban)
7. Existing Use. . . . . . . . . . . . . . . .Single Family Residence
8. Environmental Status. . . . . . . .Draft Negative Declaration
posted February 11, 1997
B. ANALYSIS•
The project site is located on the east side of Ardilla Road,
approximately 1,500 feet south of its intersection with Balboa
Road (Attachments A & B) . The applicant wishes to subdivide this
site into two (2) parcels of 2.89 acres._
1
O00007
General Plan/Zoning
The site is within a Suburban Single Family area, as designated
by the General Plan Land Use Map, and is presently zoned
Residential Suburban (RS) . The minimum lot size ranges in this
zone from 2.5 to 10 acres, depending on the characteristics of
the site proposed to be divided. For this site, the figure is
calculated as follows:
Lot Size Factor
Distance from Center (8 - 10, 000 ' ) 0.25
Septic Suitability (49 - 50 min/inch) 1. 00
Average Slope (0 - 10%) 0.50
Access Condition (City-Standard Road) 0.40
General Neighborhood Character (3.37 x 0.2 ) 0.67
Minimum Lot Size. . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. 82 acres
At 2. 89 acres, the proposed parcels comply with minimum lot size
requirements.
Site Suitability
The site ' s entire Ardilla Road frontage has recently been
constructed to City Standards. At present, this newly-
constructed section of roadway only serves the existing residence
on proposed Parcel 1. Looking at the proposed new lot (Parcel 2)
from that lot' s extreme northerly street frontage, it is clear
that a driveway and residence can be constructed on proposed
Parcel 2 without the need for tree removals or significant
grading. If a driveway is proposed along the southerly frontage
of that lot, however, grading and tree removals would likely be
required. If the project is approved, staff would therefore
recommend a condition restricting access to that northerly street
frontage.
From Ardilla Road, the site slopes downward at 10% or less and
lends itself well to the type and density of development
proposed. Percolation tests have been provided which confirm
that the proposed new parcel is well-suited for a conventional
septic/leachfield system.
Environmental Review
An Initial Study has been prepared which reveals no evidence that
the project could have a significant adverse effect on the
environment. Staff has therefore prepared a draft Negative
Declaration for the project.
2
000008
CONCLUSIONS:
The proposed7
ro 'ect is consistent with the General Plan and
P
satisfies all applicable Zoning and Subdivision Ordinance
requirements. Furthermore, there is no evidence that project
approval could have significant adverse environmental effects and
the project does indeed seem consistent with the neighborhood in
which it is located.
ATTACHMENTS:
Attachment A -- Location Map (General Plan)
Attachment B -- Location Map (zoning)
Attachment C -- Tentative Parcel Map
Attachment D -- Negative Declaration
Attachment E -- Findings for Approval
Attachment F -- Conditions of Approval
c:\data\wp\map\tpm96017.sr
3
000009
ATTACHMENT A
LOCATION MAP (GEN. PLAN)
CITY OF ATASCADERO
tii yI TPM 496017
COMMUNITY DEVELOPMENT
. DEPARTMENT
f9 ARIA
QIP
O 9L
BAI.BOA
N� _ DL A__
SITE ��•
qp
d
JQN Oi
RNAN
cFegO
4
RQ4p
000010
ATTACHMENT B
CITY OF ATASCADERO LOCATION MAP (ZONING)
TPM #96017
1970-7
' C"AD COMMUNITY DEVELOPMENT
DEPARTMENT
c i
r
�,a,cop
G,
1
Or
Q-
c97 t
L
�1.g0/► IL
S IT Gi' RS
4;p0
OJOQ1i
CI ATTACHMENT C
r � TY OF ATASCADERO TENT. PARCEL MAP
TPM #96017
- ' COMMUNITY DEVELOPMENT
DEPARTMENT
z - '
FF ■ u 9 i o a3 �
9R Z >7 as ■ - z - ppss !�y !
' �a : i e •� I s8n � ej� tl.
Iia S!:¢.
0 7 i is u9 i i 9 5 ! az
3
71
N111
,,J; �' �/��,'/� / � I ��I'IIT i',,`�,gPseli t'`•��•i of i� 2
i
<� %� la`I' ��% I'i'\!\\,\•• ,til
•V/ / ISI , � �,• # '�1},
•i / / / a
1
I �
1-
M
L_
000012
ATTACHMENT D
CITY OF ATASCADENEGATIVE DECLARATION
RO TPM 096017
1179-7
COMMUNITY DEVELOPMENT
DEPARTMENT
CITY OF ATASC_ADERC
ENVIRONMENTAL COORDINATOR,
NEGATIVE DECLARATION
CONMIUL=DEVELOPMENT DEPT. 6500 PALAA AVE. ATASCADERO, CA 93422 (805) 461-5035
APPLICANT: �oElay �LToR-iL.v�iti!p .
PROJECT TITLE: T�1�T�TiJ� l�rfR c-�'L C�10.� ��d l-7
PROJECT LOCATION:
PROJECT DESCRIPTION: b1J�oe S. - kcaE. L T lNTO 7-w0(Z.
'`rkQ C EL S CJ;: '2.a C5 S F-Z J SF.
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 comulative!y considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERU(INATION: :
Based on the above fln�, and the information contained in the Initial study(made apart 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: Z-i 1— q?
Date Adopted:
000013
ATTACHMENT E - Findings for Approval
Tentative Parcel Map #96017
3255 Ardilla Road (Hjortland/Cannon Associates)
April 1, 1997
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
meets California Environmental Quality Act (CEQA) requirements
and is adequate.
MAP FINDINGS•
1. The proposed subdivision is consistent with applicable
General and Specific Plans.
2. The design and/or improvement of the proposed subdivision is
consistent with applicable General and Specific Plans.
3. The site is physically suitable for the type of development
proposed.
4. The site is physically suitable for the density of the
development proposed.
5. The design of the subdivision, and/or the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat.
6. The design of the subdivision, and the type of the
improvements, will not conflict with easements acquired by
the public at large for access through or the use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
7. The proposed subdivision design, and/or the type of
improvements proposed, will not cause serious public health
problems.
c:\data\wp\map\TPM96017.fin
000014
ATTACHMENT F -- Conditions of Approval
Tentative Parcel Map #96017
3255 Ardilla Road (Hjortland/Cannon Associates)
April 1, 1997
CONDITIONS OF APPROVAL:
1. The driveway serving Parcel 2 shall connect to Ardilla Road
within one hundred ( 100) feet of the northerly property line
of Parcel 2, and the driveway and all other improvements on
Parcel 2 shall be designed to avoid the need for tree
removals.
Engineering Division Conditions:
2. All public improvements shall be constructed in accordance
with the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
3. The applicant shall enter into an Plan Check/Inspection
agreement with the City. Prior to recordation of the map,
all outstanding plan check/inspection fees shall be paid.
4. An encroachment permit shall be obtained from the City
Engineering Department prior to the issuance of building
permits.
5. A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations regarding
grading of the proposed site. A final soils report shall be
submitted by the soils engineer prior to the final
inspection and shall certify that all grading was inspected
and appro,�ed and that all work done is in accordance with
the plans and the preliminary report.
The parcel map shall state that a soils report has been
prepared for the project. The statement shall provide the
date the report was prepared along with the name and address
of the soils engineer or geologist who prepared the report.
6. A six (6 ) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
7. The applicant shall be responsible for the relocation and/or
alteration of existing utilities.
8. The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground. Utilities
shall be extended to the property line frontage of each lot
or its public utility easement.
000015
9. The applicant shall overlay any utility trenching in
• existing streets to restore a smooth riding surface as
required by the City Engineer.
10. The applicant shall construct all drainage facilities to
City of Atascadero Standards. Each improvement shall be
designed so as to not increase the rate of flow of water
onto adjacent properties.
11. A public drainage easement shall be provided to encompass
the 18" CMP which discharges from two (2) drop inlets on
Ardilla Road onto Parcel 2. The easement shall be shown on
the parcel map.
12. The applicant shall submit a Drainage Acceptance Agreement
for the storm water which discharges onto Parcel 2 from the
existing 24" and 18" storm drains for review and approval by
the City Engineer. A recorded copy of the Drainage
Acceptance Agreement shall be submitted prior to recording
the parcel map.
13. The applicant shall submit a grading and drainage plan,
prepared by a registered civil engineer, for review and
approval by the City Engineer prior to the recordation of
the parcel map.
14. A sedimentation/erosion control plan addressing interim
erosion control measures to be used during construction
shall be submitted for review and approval by the City
Engineer if development is to occur between October 15 and
April 15. The sedimentation/erosion control plan shall be
prepared by a registered civil engineer.
15. Slope easements shall be provided on the east side of the
right-of-way as needed to accommodate cut or fill slopes.
16. The applicant shall monument all property corners for
construction control and shall promptly replace them if
disturbed. The applicant shall install all final property
corners, or bond for them, prior to recording the parcel
map.
17. Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration date.
c:\data\wp\map\tpm96017.con
000016
MINUTES EXCERPTS
CITY OF ATASCADERO
PLANNING COMMISSION_
04/01/97 - 9
ACTION MINUTES
SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS
1. TENTATIVE PARCEL MAP #96017 :
Consideration of a tentative parcel map application
to divide an existing 5.78-acre lot into two (2)
parcels of 2 . 89 acres each for single family resi-
dential use. Subject site is located at 3255
Ardilla Road (Hjortland/Cannon Associates) .
STAFF RECOMMENDATION: (Gary Kaiser)
Staff recommends the following actions :
1 . That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) ; and
2 . That Tentative Parcel Map #96017 be approved based on the
Findings for Approval contained in Attachment E and the
Conditions of Approval contained in Attachment F.
Gary Kaiser provided the staff report. He stated that John Neil
recommended amending Condition #13 as follows :
"13 . The applicant shall submit a grading and drainage plan,
prepared by a registered civil engineer, for review and
approval by the City Engineer prior to the issuance of
building permits. "
TESTIMONY•
John Falkenstien, applicant' s representative - Asked John Neil if
the preparation of a Preliminary Soils Report which is required in
Condition #5 could be subject to the discretion of the Building
Official . John Neil explained that the wording of that condition
comes right from the City' s Subdivision Ordinance. An interpre-
tation of the Ordinance by the City Engineer and the Community
Development Director is that there' s really no flexibility in that
requirement - a new parcel needs a Soils Report to be prepared.
. . . . . . . end of public comment. . . . . .
Commissioner Sauter stated that he lived on San Fernando Road and
wasn' t sure whether his property was close enough to the subject
property to create a possible conflict of interest; however, out of
an excess of caution he chose to refrain from voting on this
matter. .
-4-
000017
Planning Commission Meeting - April 1, 1997
Page Five of Six
ACTION: That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) .
Motion: Wallace
Second: Zimmerman --
AYES : Wallace, Zimmerman, Johnson, Hageman
NOES : None
ABSENT: [Two seats vacant]
MOTION PASSED: 4:0
ACTION: That Tentative Parcel Map #96017 be approved based on the
Findings for Approval contained in Attachment E and the
Conditions of Approval, as amended, contained in Attach-
ment F.
Motion: Wallace
Second: Zimmerman
• AYES : Wallace, Zimmerman, Johnson, Hageman
NOES : None
ABSENT: [Two seats vacant]
MOTION PASSED: 4:0
000018
CITY OF ATASCADERO
PLANNING COMMISSION
ACTION MINUTES
City Administration Building
April 1, 1997 7 : 00 p.m.
COMMISSIONERS PRESENT: Wallace, Sauter, Zimmerman, Johnson,
Hageman
COMMISSIONERS ABSENT: [Two seats vacant]
STAFF PRESENT: Doug Davidson, Senior Planner; Gary
Kaiser, Associate Planner; John Neil,
Assistant City Engineer
SUBJECT: PUBLIC COMMENT
TESTIMONY: None
000019
CITY OF ATASCADERO
PLANNING COMMISSION
04/01/97
ACTION MINUTES
SUBJECT: A. CONSENT CALENDAR
1 . Approval of minutes of the regular Planning
Commission meeting of March 4, 1997 .
2 . Tree removal request of one (1) 30" dbh Blue Oak
Tree for grading and site improvements per Tract
1831 . Subject site is located at the intersection
of El Corte Road and Arcade Road.
3 . Reconsideration of Conditional Use Permit 95003 for
the expansion of the Berean Baptist Church.
Subject site is located at 9325 El Bordo Avenue.
STAFF
RECOMMENDATION: Approve
Commissioner Zimmerman asked that Item A.2 be pulled from the
Consent Calendar for discussion.
ACTION: Approve Items A. 1 and A. 3 of the Consent
Calendar.
Motion: Johnson
Second: Wallace
MOTION PASSED: Unanimous
Commissioner Zimmerman wanted to make sure the road was indeed
going to be widened before this beautiful tree was removed. He
said he could support the tree removal only if the road widening
was definitely going to take place and there was no way to accomp-
lish that without removing the tree.
John Neil suggested that we add a condition of approval to the tree
removal that would protect the tree in the interim:
"The tree shall not be removed until an Encroachment Permit is
issued to the applicant for construction of road improvements
at the intersection of E1 Corte Road and Arcade Road. "
John explained that prior to the issuance of an Encroachment Per-
mit, the applicant will be required to have plans approved by the
-2-
000020
City Engineer which will show construction details .
Commissioner Johnson said that he wasn' t convinced that the tree
actually needed to -be removed. He feels that there are engineering
solutions that could be applied that would avoid this tree' s
removal . He explained that Blue Oaks are very slow growing trees,
and this particular 30" inch tree is very old and should be given
more consideration. He doesn' t feel that Blue Oaks should be
removed without exhausting every engineering possibility.
Commissioner Wallace asked Commissioner Johnson if he could support
the tree removal with the additional condition as suggested by John
Neil. Commissioner Johnson responded that he had a problem with
Finding 2 . He feels that the proposed improvements could be
reasonably designed to avoid the need for tree removal .
Discussion continued regarding the Findings and Conditions of
Approval, right-of-way encroachments, and the possibility of not
widening the road at all. Commissioner Zimmerman stated that he
would like to hear from the applicant' s representative.
John Falkenstien, Cannon Associates - confirmed that the existing
paving on the opposite side of the tree is already outside the
right-of-way so it' s not possible to widen the road to meet the
conditions of approval without acquiring right-of-ways from the
various property owners . He stated that the tree was in the the
center of the road right-of-way. From his perspective, the road
must either stay as is or if the road has to be widened "the tree
has to go. "
Chairman Hageman asked John Neil if it would be possible for the
road to be narrower through the section that involves the tree.
John responded that the standard imposed on the project as a con-
dition of approval is basically minimum Fire Access Standards .
After more discussion, the Commission decided to refer the tree
removal request back to staff for a better analysis of alterna-
tives .
ACTION: Direct staff to explore alternative road alignments which
meet the conditions of approval for Tract 1831 while not
removing the Blue Oak tree.
Motion: Johnson
Second: Zimmerman
AYES: Johnson, Zimmerman, Wallace, Sauter, Hageman
NOES : None
ABSENT: [Two seats vacant]
MOTION PASSED: 5:0
-3-
000021
CITY OF ATASCADERO
PLANNING COMMISSION
04/01/97
ACTION MINUTES
SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS
1. TENTATIVE PARCEL MAP #96017 :
Consideration of a tentative parcel map application
to divide an existing 5 .78-acre lot into two (2)
parcels of 2 . 89 acres each for single family resi-
dential use. Subject site is located at 3255
Ardilla Road (Hjortland/Cannon Associates) .
STAFF RECOMMENDATION: (Gary Kaiser)
Staff recommends the following actions :
1 . That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) ; and
2 . That Tentative Parcel Map #96017 be approved based on the
Findings for Approval contained in Attachment E and the
Conditions of Approval contained in Attachment F.
• Gary Kaiser provided the staff report. He stated that John Neil
recommended amending Condition #13 as follows :
"13 . The applicant shall submit a grading and drainage plan,
prepared by a registered civil engineer, for review and
approval by the City Engineer prior to the issuance of
building permits . "
TESTIMONY•
John Falkenstien, applicant' s representative - Asked John Neil if
the preparation of a Preliminary Soils Report which is required in
Condition #5 could be subject to the discretion of the Building
Official. John Neil explained that the wording of that condition
comes right from the City' s Subdivision Ordinance. An interpre-
tation of the Ordinance by the City Engineer and the Community
Development Director is that there' s really no flexibility in that
requirement - a new parcel needs a Soils Report to be prepared.
. . . . . . .end of public comment. . . . . .
Commissioner Sauter stated that he lived on San Fernando Road and
wasn' t sure whether his property was close enough to the subject
property to create a possible conflict of interest; however, out of
an excess of caution he chose to refrain from voting on this
matter.
-4-
000022
Planning Commission Meeting - April 1, 1997
Page Five of Six
ACTIO That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) .
Motion: Wallace
Second: Zimmerman
AYES: Wallace, Zimmerman, Johnson, Hageman
NOES: None
ABSENT: [Two seats vacant]
MOTION PASSED: 4:0
ACTION: That Tentative Parcel Map #96017 be approved based on the
Findings for Approval contained in Attachment E and the
Conditions of Approval, as amended, contained in Attach-
ment F.
Motion: Wallace
Second: Zimmerman
AYES: Wallace, Zimmerman, Johnson, Hageman
NOES: None
ABSENT: [Two seats vacant]
MOTION PASSED: 4:0
•
000023
CITY OF ATASCADERO
PLANNING COMMISSION
04/01/97
ACTION MINUTES
SUBJECT: C. INDIVIDUAL COMMENT
Planning Commission:
Commissioner Johnson - announced that he was being assigned to work
in Santa Cruz for approximately six months and wanted to try to
maintain his place on the Planning Commission. He stated that he
might miss a few meetings but that he would make every attempt to
attend.
Commissioner Zimmerman - would like staff to check in to the
possibility of obtaining some sort if I.D. or business card for the
Planning Commissioners so that when they go out to visit the
various project sites, they have identification to present to the
public, if necessary.
City Planner: - Doug stated that staff would look in to Commis-
sioner Zimmerman' s identification request. He informed the
. Commission that their agenda packets for the next meeting of April
15, 1997, would be delivered to their residences on Friday to
assure that they have ample time for review.
Economic Round Table: - Chairman Hageman stated the Robert Grogan,
Interim City Manager, was the speaker - giving some of his views on
direction for the City and some of the things the City could do to
help it' s economic problems.
MEETING ADJOURNED: 7 :45 P.M.
Minutes Prepared By:
Patricia Hicks
Administrative Secretary
•
-6-
000024
ATTACHMENT F -- Conditions of Approval
Tentative Parcel Map #96017
3255 Ardilla Road (Hjortland/Cannon Associates)
As revised by the Planning Commission @ April 1, 1997 Hearing
CONDITIONS OF APPROVAL:
1. The driveway serving Parcel 2 shall connect to Ardilla Road
within one hundred (100) feet of the northerly property line
of Parcel 2, and the driveway and all other improvements on
Parcel 2 shall be designed to avoid the need for tree
removals.
Engineering Division Conditions:
2. All public improvements shall be constructed in accordance
with the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
3. The applicant shall enter into an Plan Check/Inspection
agreement with the City. Prior to recordation of the map,
all outstanding plan check/inspection fees shall be paid.
4. An encroachment permit shall be obtained from the City
Engineering Department prior to the issuance of building
permits.
5. A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations regarding
grading of the proposed site. A final soils report shall be
submitted by the soils engineer prior to the final
inspection and shall certify that all grading was inspected
and approved and that all work done is in accordance with
the plans and the preliminary report.
The parcel map shall state that a soils report has been
prepared for the project. The statement shall provide the
date the' report was prepared along with the name and address
of the soils engineer or geologist who prepared the report.
6.. A six (6) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
7. The applicant shall be responsible for the relocation and/or
alteration of existing utilities.
8. The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground. Utilities
shall be extended to the property 1=ne frontage cf each lot
or its public utility easement.
090025
9. The applicant shall overlay any utility trenching in
existing streets to restore a smooth riding surface as
required by the City Engineer.
10. The applicant shall construct all drainage facilities to
City of Atascadero Standards. Each improvement shall be
designed so as to not increase the rate of flow of water
onto adjacent properties.
11. A public drainage easement shall be provided to encompass
the 18" CMP which discharges from two (2) drop inlets on
Ardilla Road onto Parcel 2. The easement shall be shown on
the parcel map.
12. The applicant shall submit a Drainage Acceptance Agreement
for the storm water which discharges onto Parcel 2 from the
existing 24" and 18" storm drains for review and approval by
the City Engineer. A recorded copy of the Drainage
Acceptance Agreement shall be submitted prior to recording
the parcel map.
13. The applicant shall submit a grading and drainage plan,
prepared by a registered civil engineer, for review and
approval by the City Engineer prior to the r „rant: ..., of
the pareel map issuance of building permits.
14. A sedimentation/erosion control plan addressing interim
erosion control measures to be used during construction
shall be submitted for review and approval by the City
Engineer if development is to occur between October 15 and
April 15. The sedimentation/erosion control plan shall be
prepared by a registered civil engineer.
15. Slope easements shall be provided on the east side of the
right-of-way as needed to accommodate cut or fill slopes.
16. The applicant shall monument all property corners for
construction control and shall promptly replace them if
disturbed. The applicant shall install all final property
corners, or bond for them, prior to recording the parcel
map.
1,7. Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration date.
c:\data\wp\map\tpm96017.co2
000026
REPORT TO CITY COUNCIL Agenda Item: A-5
CITY OF ATASCADERO Date: Aprff 22, 1997
Through: Robert F. Grogan, Interim City Manager
From: Michael P. McCain, Fire Chief
SUBJECT:
Resolution No. 25-97 - Weed Abatement Program
RECOMMENDATIONS:
Recommend adoption of Resolution No. 25-97, declaring eeds a public
nuisance and commencing proceedings for the abatement of sad, nuisances.
BACKGROUND:
City Ordinance No 304 addresses the abatement of weeds, rubbish, and
similar materials which constitute a fire hazard. Adoption of Resolution No.
25-97 is the first step in this annual program which requireA council action.
The attached "Exhibit A" contains parcels which appeared` o require weed
abatement at the time of the first inspection by the Fire Department. Owners
of those parcels will.receive written notice of the abatement reqi firements.
FISCAL IMPACT:
Costs involved in administering this 'program are recover d through the
administrative fee charged to parcels abated by the City Contractor.
ENCLOSURES:
Proposed Resolution No. 25-97
Exhibit A
News Release: Inviting sealed bids
00002'7
RESOLUTION NO. 25-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A.TA.SCADERO
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 1. 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 to became afire menace when
dry, will be otherwise noxious or dangerous,or will constitute or potentially could constitute dry
grass, stubble,brush,litter or other flammable material thereby creating a hazard to public health.
The City Council of the City of Atascadero finds and declares that weeds on specifiedparcels 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 or parcels within the same
calendar year,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,
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. 304.
SECTION 4. Pursuant to Section 6-13.06 of the Atascadero Municipal Code, the City Council
shall I 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 vote:
AYES:
NOES:
ABSENT:
ADOPTED:
000028
Resolution No. 25-97
Page Two
ATTEST: CITY OF ATASCADERO
By:
MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
O00029
. 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 7th, 1997, and will be opened and read
for the public project hereinafter described.
This contract is to begin June 4, 1997 and end July 16, 1997. 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
000031
REPORT TO CITY COUNCIL Meeting Date: April 22, 1997
CITY OF ATASCADERO Agenda Item: A-6
Through: Robert Grogan, Acting City Manager
From: William E. Watton, Acting Police Chief
SUBJECT: Consideration of increasing police department fees in accordance with fees adopted
by other law enforcement agencies in our area.
RECOMMENDATION: In an effort to bring our fees more in line with other police agencies in
this county, as well as to insure that our City is generating adequate and appropriate revenues, it
is recommended that the City adopt the attached Resolution No. 29-97 which amends our
current fee structure.
BACKGROUND: It has been nearly five years since the police department's fees were revised.
We have contacted other agencies, both inside and outside of our county, and it appears that
some of our fees are relatively low in comparison to others as well as the fact that we don't
charge for some services that other agencies do charge for. The following agencies in this county
were surveyed: Arroyo Grande P.D., Cal Poly P.D., Grover Beach P.D., Morro Bay P.D., Pismo
Beach P.D., Paso Robles, P.D., San Luis Obispo P.D., and San Luis Obispo Sheriffs Office. The
following agencies outside of our county were surveyed: Lompoc P.D., Oxnard P.D., Santa
Barbara P.D., Santa Barbara Sheriffs Office, Santa Maria P.D., Santa Paula P.D., Simi Valley
P.D., Ventura P.D., and Ventura Sheriffs Office. The charges on the attached sheet include the
average fees assessed for agencies other than Atascadero who do, in fact, charge for a specific
service.
Based upon the results of these surveys, it appears that our fees should be revised.
FISCAL IMPACT: Adoption of the attached fee schedule would increase the revenues to the
General Fund. Collection of the funds would incur little, if any, additional expense.
WEW:ww
Attachments: Summary of Survey Regarding Fees Collected by Law Enforcement Agencies
Resolution No. 29-97
000032
Service Avera eg Fees SLO County Average Atascadero Current Atascadero Recommended
All Agencies
Alarms $40.00 on 4"' $33.00 on 4`s $25.00 on 4`h $25.00 on 4`h
3ackground
Clearance
,Visas,etc.) $13.53 $14.50 $10.00 $15.00
Citation
3ignoff $8.17 $8.75 0 $10.00
DUI Cost (varies-per hr. plus charges up to$500) $175.00 non-injury $175.00
Recovery $400.00 injury $400.00
Fingerprinting $9.47 $10.00 $10.00 $10.00
Juvenile Record
Sealing (only 3 agencies charging $92.00 avg.) 0 0
Photographs $15.88+cost $14.00+cost $10.00+cost $10.00+cost
Report Copies $22.43 $21.58 $10.00 $20.00
Subpoenas Duces
recum $15.00 $15.00 $15.00 $15.00
Vehicle Release $49.00 $59.00 0 $50.00
Vehicle Repo $15.00 $15.00 $15.00 $15.00
VIN
Verification $10.00 $10.00 $10.00 $10.00
•
000033
RESOLUTION NO. 29-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
. ATASCADERO, CALIFORNIA, MODIFYING AND ADOPTING
FEES FOR MISCELLANEOUS AND SPECIAL POLICE SERVICES
BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. Current fees previously adopted by the
Atascadero City Council for miscellaneous and special police
services are hereby modified as indicated in Exhibit A.
SECTION 2. New fees for police services are hereby
adopted as indicated in Exhibit A.
SECTION 3 . These new fees as set forth and
described in Exhibit A shall become effective immediately
upon City Council adoption.
On motion by Councilperson and seconded by
Councilperson , the foregoing Resolution is
hereby adopted in its entirety on the following roll call
vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY A. HANLEY, Acting City Attorney
APPROVED AS TO CONTENT:
WILLIAM E. WATTON, Acting Police Chief
000034
RESOLUTION NO. 29-97
EXHIBIT A
SPECIAL AND MISCELLANEOUS POLICE FEES
service Fee
Alarms $25.00 for fourth alarm
(and in keeping with
alarm ordinance)
Background Clearance Letters $15.00
Citation Signoff $10.00
Daily Log Copies $ 1.50 per page
DUI Cost Recovery $175.00 non-injury
(traffic collisions0 $400.00 injury
Fingerprinting $10. 00
Photographs $10.00 + cost
Report Copies $20. 00
Subpoena Duces Tecum $15.00
Vehicle Release $50. 00
Vehicle Repossession $15.00
VIN Verification $10. 00
O00035
i
EETING AGENDA
AT 4 2 .2Z rrEM# a-
ORDINANCE NO. 327
AN ORDINANCE OF THE CITY OF ATASCADERIO
AMENDING SECTIONS 2-9.02,2-12.01, AND 2-13.03 P
THE ATASCADERO MUNICIPAL CODE REGARDING
APPOINTMENT OF PLANNING COMMISSIONERS, !
RECREATION COMMISSIONERS, AND MEMBERS Or
THE BOARD OF BUILDING APPEALS
WHEREAS:
1. Members of the. Planning Commission, the Parks and Recreation
Commission, and the Board of Building Appeals serve at the pleasure pf the City Council;
2. The City Council has previously set by resolution the Oethod of selecting
members to all boards and commissions of the City of Atascadero;
I
3. Members of the above-mentioned commissions' and board serve
staggered terms with defined termination dates;
4. It is not always possible to select a new appointee by t e termination date
stated in the Municipal Code; and IIII
3
5. The method of selection should be changeable withotit a new ordinance.
NOW THEREFORE, The City Council of the City of Atascadero does ordain as
follows: I
SECTION 1. PURPOSE.
i
The intent and purpose of this ordinance is to allow members of board and commissions
to serve until the end of the specified term, or the appointment of a su cessor, whichever
event is the last to occur, and to provide that future amendments to the inethod of selection
may be made by resolution only. I
SECTION 2. PLANNING COMMISSION
3
Section 2-9.02 of the Atascadero Municipal Code is amended so that 1he last sentence of
said section shall read as follows: " All members shall serve at the pleasure of the City
Council and may continue to serve after expiration of the stated term, with the approval of
the City Council, until such time as the City Council selects a successor."
I
1 � I
000036
SECTION 3. BUILDING BOARD OF APPEALS
Section 2-12.01 (a) of the Atascadero Municipal Code is amended so that the second to
last sentence of said section shall read as follows: "Members of the board of Appeals shall
be appointed in the manner established by resolution for appointments, shall serve at the
pleasure of the City Council, and may continue to serve after expiration of the stated term,
with the approval of the City Council, until such time as the City Council selects a
successor."
SECTION 4. PARKS AND RECREATION COMMISSION
Section 2-13.03 of the Atascadero Municipal Code is amended so that the last two
sentences shall read as follows: " Vacancies on the commission shall be filled in the
manner established by resolution for appointments. All members shall serve at the
pleasure of the City Council and may continue to serve after expiration of the stated term,
with the approval of the City Council, until such time as the City Council selects a
successor."
SECTION 5.. SEVERABILITY.
If any section, subsection or clause of this ordinance shall be deemed to be
unconstitutional or,otherwise invalid, the validity of the remaining section, subsection and
clauses shall not be effected thereby.
SECTION 6. CONFLICTING ORDINANCE REPEALED
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
SECTION 7. EFFECTIVE DATE
This ordinance takes effect at 12:01 a.m. on the 31 st day after it is adopted. Within fifteen
(15) days after this ordinance is adopted, the City Clerk shall cause it to be published once
in a newspaper of general circulation published and circulated in the City of Atascadero.
SECTION 8. HISTORY
This ordinance was introduced at a regular meeting of the City Council of the City of
Atascadero on April 8, 1997, and adopted by the following vote as an ordinance of the City
of Atascadero at a regular meeting of the City Council on April 22, 1997.
AYES: Councilmembers:
2
00003'7
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
By:
Ray Johnson
Mayor of the City of Atascadero
Attest: Approved as to Form:
Marcia Torgerson, City Clerk Roy A. Hanley, City Attorney
seclectZord
3
000038
MEETING/22/9� AGENDA
ITEM B-1
M �....,,_.,,
i
ORDINANCE NO. 328
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF A,TASCADERO
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 City of Atascadero ordains as follows
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, refuse, or similar material upon any property, lands, or lots in the City, which in
his opinion is or may become a fire hazard or a health and safety hazard,he shall cause to
be given to the owner of said property a notice to remove such weeds, rubbish, refuse,or
other material which may constitute a hazard in the manner hereinafter:provided 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) "Refuse" shall mean waste matter, appliances, abandoned automobiles,
junk, litter, trash, debris, rubbish, dirt, dry grass, dead" 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 welf4e, or which is
offensive to the senses.
(c) "City" shall mean the City of Atascadero
(d) "Fire Chief' shall mean the Fire Chief or authorized representative of the
Fire Chief.
(e) "Property" shall mean and include lands, lots, drainage structures, drainage
ways, and/or drainage easements.
(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;
(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;
000039
Ordinance No. 328
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.
(h) "Drainage" -- any ditch, culvert, and/or pipe used as a means of public
drainage or drainage control.
6-13.03 Weeds and Debris a Public Nuisance
The City Council may declare, by resolution in accordance with Sections 39561-
39700 of the Government Code, that all weeds and refuse that are, or may become, a
hazard 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 refuse, 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 destroy such weeds
and/or debris. The City Council may also declare weeds as seasonal and recurring
nuisances.
6"13.04 Weed Cutting Requirements
The Fire Chief has established'th( folovving requuemertts
Cuttingof weeds shall be to a height of inches ar Ies
Parcels°smaller thari3 acres::
Parcels smaller than three acres shall be completelyJm awed dffno crows)ewe s
Where terrain, rocks, etc make it impractical #�nmow rRmpleeyle�
requirements: will be, SQ nroaciside clarance��startin fro he��dge �er e
improved roadway, 50' perimeter cuts and firebreaks��t�ss cu 1�0'�cle� ce
around structures,and��t� dn�ewy uts;c►��ea�e de �`. `"`, �`� ��
Parcels larger than o equal to 3 acresR
Parces'3 acre�orlarger f ae aneffia�m� arrY noxitu wti .
�p , rn ��cnum�sregturernei.ls �t� f} x
from�the edge�`of th�mpru�red;roa a eke a� � e
cuts}�I,QQcle�ran aro�� nYc yes � '�e� o � a " cle
lfumr°es ?and agricul� ds grog
Fenced pasre�ur �tigrn cin o
exeMt*
Agriculfuralildmustb es trine. ncu n
abatement
I?rainae��Dche�san �Ct�l�rts
control �hal� �e cle wed andrnan aineµz���.u�m �, da . c��r�s �t
e"gine ted_�.ow of eater
000040
Ordinance No. 328
Page 3
6-13.05 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 refuse in 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.
The City Council may direct the City Clerk, in accordance with Section 39567.1
of the Government 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 whom 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.
6-13.06 Form of Notice
The Notice shall be substantially in the following form:
NOTICE TO DESTROY WEEDS AND REMOVE
RUBBISH, REFUSE, AND DIRT
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
000041
Ordinance No. 328
Page 4
6-13.07 Hearing of 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.
6-13.08 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.
6-13.09 Destruction and Removal of Weeds and Refuse 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 refuse 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 refuse, 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 refuse 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
refuse, or have the same destroyed or removed at his own expense, at any time prior to
the arrival of the Fire Chief his authorized representatives for such purpose.
6-13.10 Account and Report of Cost of Abatement
The Fire Chief shall keep an account of the cost of abatement for 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 pay for the
administrative costs of the program.
6-13.11 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.
6-13.12 Hearin 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
000042
Ordinance No. 328
Page 5
iowners 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.
6-13.13 Report to Assessor and Tax Collector; FilingCopyof Report with Count
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 anytime before August 10th of the succeeding year.
6-13.14 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.
000043
Ordinance No. 328
Page 6
•
Ordinance No. 328
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:
ADOPTED:
CITY OF ATASCADERO
By: RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A.HANLEY, City Attorney
PREPARED BY:
MICHAEL P. McCAIN, Fire Chief
000044
rn_ran_+rare 'n ic' =,a i n• •rr rl*j: •-
FROM 04-07-97 11:04AM TO 4662007 2313 P.1/1
PUBLIC NOTICE
NOTICE OF PUBLIC FEARING
Notice is hereby given that the Aumadero City Council will hold a public
hearing ort the 22rA day of April 1997 at 7:00 p.m. in the Romda Room,
Administration Building, 6500 Palma Avenue, AtawA&ro, California, for
the purpose of amending Ordina=No. 304 of the City Council of the City
of Atasc4daro Chapter 13 to Title 6 of the Atascadero Municipal Code
relating to the removal of weeds, rubbish, and similar materials.
Dated: April 7, 1997
MARCIA M. TORGF.RSO
City Clerk
i
000045
i
REPORT TO CITY COUNCIL DATE: 4/22/97
CITY OF ATASCADERO AGENDA ITEM: C41
Through: Robert Grogan,Interim City Manager
From: Brady Cherry, Director of Community Services
SUBJECT: Consolidation of the two current business license renewal seasons to one season
only in December of each year.
9 I
RECOMMENDATION: Adopt Resolution No. 30-97 approving the consolidation of business
license renewal season to once annually in December. !
BACKGROUND: Currently, the City of Atascadero has two renewal seaso ris, December and
June. In a survey of California cities, responses indicate that most cities have one season for
business license renewals. When the City originally established business licensing. Two
renewal seasons were apparently created to spread the workload out.
i
DISCUSSION: Staff believes it would be in the best interest of the City and'the business
community to have only one season for business license renewals. The chane would simplify
the renewal process and clarify for everyone when business licenses are due. lIn addition, the
building permit process will be simplified by having one expiration date on t1Re contractor
licenses.
i
Since the business license renewal functions have been absorbed into the Community Services
Department,there is a concern that the June renewal period will occur at one f the busiest times
of the year for the Recreation Registration Office.. Such an impact is anticipated to adversely
affect the customer service quality of both functions. By dropping the June tenewal period,this
concern is also eliminated.
F
Currently, one of the two seasons overlap two fiscal years due to the June renewal period. By
eliminating the June season, all renewal revenues will be accounted for in an Osily identifiable
fiscal year.
The consolidation will be accomplished by pro-rating fees due in June for six months through
December. Businesses will then be added to the new annual renewal cycle i December. Any
shortfall to the B.I.A. can be "bridged" by a loan from the City if needed.
FISCAL IMPACT:
Approximately$1,000 to convert the computer's billing system to single,yearly renewal basis.
There will also be some staff time involved in pro-rating the fees for an annul renewal.
I
j o00046
.RESOLUTION NO. 30.97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, TO APPROVE THE
CONSOLIDATION OF BUSINESS LICENSE
RENEWAL SEASON TO ONCE ANNUALLY IN DECEMBER
The City Council of the City of Atascadero, California hereby resolves as follows:
1. The Department of Community Services is hereby authorized to consolidate
the Business License renewal seasons to once annually each December.
2. The City Manager is authorized to make any necessary procedural changes to
implement the changes to consolidate the renewal billings annually.
3. The Finance Department is hereby authorized to appropriate funds not to
exceed $1,000.00 to comply with the implementation of the Annual Business
License Renewal process.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of
Atascadero held on the 22nd of April, 1997.
ATTEST: CITY OF ATASCADERO
MARCIA TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY HANLEY, City Attorney
00004'7
i�
I
I
REPORT TO CITY COUNCIL I
CITY OF ATASCADERO Agenda lt�m: C-2
I
From: Robert F. Grogan, Interim City Manager Meeting Date: 4/22797
I
SUBJECT: Resolution No. 31-97, relating to solid waste adjustm nt methodology
!
RECOMMENDATION:
i
Adopt Resolution No. 31-97.
i
BACKGROUND:
Councilman Luna requested that this item be placed on the Co ncil's agenda for
consideration and will provide a report.
RFG:ch
!
!
I
i
I
!
,
i
I
i
I
1,
000048
RESOLUTION NO. 31-97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA
RELATING TO SOLID WASTE ADJUSTMENT METHODOLOGY
WHEREAS, AB 939 requires that each jurisdiction divert 50% of its waste from
landfills by the year 2000; and
WHEREAS, The California Integrated Waste Management Board (CIWMB) has
adopted a Waste Adjustment Method codified in the California Code of Regulations, Title
14, Division 7, Chapter 9, Article 9, Section 18797.3; and
WHEREAS, The CIWMB Waste Adjustment Method is used to adjust the waste
generated in 1990 to reflect conditions in the current year considering sales tax, em-
ployment and inflation, with population a minor factor, and is a critical component to
calculating diversion rates and a Jurisdiction's compliance with the 25% and 50%
diversion mandates of AB 939; and
WHEREAS, Other states use population-only based adjustment methods to calculate
diversion rates and, if applied in California, would significantly increase the diversion rate of
many California Jurisdictions; and
WHEREAS, The Jurisdictions in California are diverse and should be given the
flexibility to select an adjustment method which most closely fits the local situation;
NOW, THEREFORE, BE 1T RESOLVED by the City of Atascadero that the League of
California Cities is hereby urged to support legislation amending the California Code of
Regulations to allow Jurisdictions to select a population-only based waste adjustment
method, or at their option the current CIWMB Waste Adjustment Method.
ON MOTION BY Councilmember seconded by Councilmember
the foregoing resolution is hereby adopted in its entirety on the following
roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO
ATTEST: RAY JOHNSON, Mayor
MARCIA M. TORGERSON,•City Clerk
APPROVED AS TO CONTENT: '
ROY A. HANLEY, Deputy City Attorney
000049
RESOLUTION#
-RESOLUTION OF THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
TO SUPPORT REVISED SOLID WASTE MANAGEMENT
POLICIES ADOPTED BY THE REGIONAL COUNCIL
WHEREAS, the Southern California Association of Governments (SCAG) is a
Joint Powers Agency established under California Government code Section 6502 et seq.;
WHEREAS, under federal and state law, SCAG is designated as a Council of
Governments (COG), a Regional Transportation Planning Agency (RTPA), and a
Metropolitan Planning Organization (MPO);
WHEREAS, the Integrated Solid Waste Management Chapter of the Regional
Comprehensive Plan and Guide suggest the elimination of unnecessary duplication in solid
waste programs carried out by local governments. And;
WHEREAS, promote waste management practices for waste prevention,
recycling and composting, and safe/disposal or transformation;
WHEREAS, the local jurisdiction are requested to support the revised integrated
waste management polices of SCAG as described below.
WHEREAS, Support state legislation that retains the AB 939 25 percent diversion
mandate for year 1995.
WHEREAS, Support SCAG initiating a legislative change to AB 939 that makes the
50 percent diversion mandate for year 2000 now a goal and extend the 50 percent diversion
mandate to year 2010.
WHEREAS, Initiate and/or support state legislation that establishes 1990 or 1995
data as the base year for the balance of AB 939 waste diversion targets and give credit to cities
and counties that have met or exceeded their year 1995 25 percent diversion mandate.
WHEREAS, cities and counties should have the option to use 1990 or 1995 as the
base year. The subsequent target should be credited by anything not sent to the landfill as
residual solid waste. Any waste that is transformed or composted should not be considered as
residual solid waste.
WHEREAS, Encourage cities and counties to continue to implement their Source
SReduction and Recycling Elements.
000050
THEREFORE, NOW BE TT RESOLVED that the Regional Council of the
Southern California Association of Government supports the Revised Solid Waste
Management Policies
Richard Kelly, SCAG President
Mayor, Palm Desert
000051
Go1C
� 4
cityof
s
0 antuiS OBISPOo
IN\ OFFICE OF THE CITY COUNCIL
O
990 Palm Street San Luis Obispo, CA 93401-3249■805/781-7119■ FAX 805/781-7109
March 6, 1997
TO: MEMBERS OF CHANNEL COUNTIES DIVISION
League of California Cities
AB 939 requires that each jurisdiction divert 50% of its waste from landfills by the year 2000.
Although it is relatively easy to measure waste deposited at a landfill, it is much more difficult to
determine total waste generated by a jurisdiction. Most states use a population based figure to
assist in this waste generated calculation. However, the California Integrated Waste Management
Authority (IWMA)Board has developed a complicated formula which considers sales tax,
employment and inflation, with population being a rather minor factor in the equation.
The San Luis Obispo County IWMA has found that this formula results in a significant under-
reporting of waste diversion by approximately 7% in San Luis Obispo County as compared to the
more commonly used formula based on population. A survey shows similar under-reporting for
jurisdictions throughout the state. If the formula is not changed, by the year 2000 it is quite likely
that many, if not most, of the jurisdictions throughout California will be unable to meet the
mandated waste diversion goals. This may subject them to fines or other penalties.
It would appear that the most effective way to achieve a more favorable waste diversion formula
would be through the efforts of the state League of California Cities organization. Therefore,
your Channel Counties Resolutions Committee has prepared the attached draft resolution for
consideration at the April 4, 1997 Channel Counties Quarterly meeting.
If you have questions or concerns, please contact Councilman Dave Romero, 990 Palm Street,
San Luis Obispo, CA 93401 (Phone 805/781-7415, FAX 805/781-7415).
Very truly yours,
Dave Romero
Resolutions Committee
DR:ss
Enclosures
1) Comparison of Adjustment Methods Tables
2) Draft Resolution
000052
The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities.
Telecommunications Device for the Deaf(805)781-7410
0
ff-A-diustment Metho&
Diversion Rate Table
IV'►rMA . CIWMB PROPOSED
JURISDICTIONS METHOD METHOD
Arroyo Grande 21% 28%
Atascadero 50% 53
Grover B each /0° °
3 8 43 /o
Morro Bay 29% 35%
Pismo Beach 36% 37%
San Luis Obispo 33% 39%
San Luis Obispo 9%, I7%
L(Lounty
,[Avera* e 26% 33%
000053
COMPARISON OF ADJUSTMENT METHODS BY-JURISDICTION
Jurisdiction CIWMB Population Difference
ALIFORNIA -0.7% 9.4% 9.6°
Los Angeles --7.8% 3.4% 11.2%
San Francisco -1.4% 4.9% 6.3%
San Diego 0:4% 8.6% 8:2%
Berkeley -1.9% 2.7% 4.7%
Fresno .. 3.9% 15.5% 11.6%.
.Arcata 4.0%° 8.5% 4.6%
Brawley 3.2% 17.1% 13.9%
Commerce -10.7% 2.0% 12.7%
Industry 0.6% 12.4% 11.8%
4ammoth Lakes 3.5% °
18.1 /° 14. /°
6
Grass Valley 5.9% 8.8% 2.9%
Anaheim -2.5% . 12.1 % 14.6%
Irvine 6.8%. 12.9%. 6.2%
Folsom 26.5% 37.5% 11.0%,
Sacramento -1.5% 8.0% 9.5%
San Bernardino -1.8% 14:9% 16.7%
Carlsbad 1.8% 8.4% 6.6%
Santa Barbara -2.4% . 5.8% 8.2%'
Sierra County .-4.2% 12.3%
jWba City 5.9% 27.2% 21.3%
-10/22/96
000054
A RESOLUTION OF THE CHANNEL COUNTIES DIVISION
OF THE LEAGUE OF CALIFORNIA CITIES RELATING
TO SOLID WASTE ADJUSTMENT METHODOLOGY
WHEREAS, AB 939 requires that each jurisdiction divert 50%of its waste from landfills by the year
2000; and
WHEREAS,the California Integrated Waste Management Board(CIWMB)has adopted a Waste
Adjustment Method codified in the California Code of Regulations, Title 14,Division 7, Chapter 9,
Article 9, Section 18797.3;and
WHEREAS,the CIWMB Waste Adjustment Method is used to adjust the waste generated in 1990
to reflect conditions in the current year considering sales tax, employment and inflation,with population
a minor factor, and is a critical component to calculating diversion rates and a Jurisdiction's compliance
with the 25%and 501/o diversion mandates of AB 939; and
WHEREAS, other States use population only based adjustment methods to calculate diversion
rates and if applied in California would significant increase the diversion rate of many California
Jurisdictions;and
WHEREAS,the Jurisdictions in California are diverse and should be given the flexibility to select
an adjustment method which most closely fits the local situation;
NOW, THEREFORE,BE IT RESOLVED by the Channel Counties Division that the League of
California Cities is hereby urged to support legislation amending the California code of Regulations to
allow Jurisdictions to select a population only based waste adjustment method, or at their option the
current CIWMB Waste Adjustment method;and
BE IT FURTHER RESOLVED by the Channel Counties Division that the individual cities in the
Channel Counties Division are hereby urged to adopt their own resolutions in support of this
alternative.adjustment method,in a form similar to Attachment 1.
Upon motion of , seconded by , and on the
following roll call vote:
Ayes:
Noes:
Absent:
000055