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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