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HomeMy WebLinkAboutAgenda Packet 08/12/1997 *PUBLIC REVIEW COPY Please do not re ve from counter ATASCADERO CITY COUNCIL REGULAR MEETING AUGUST 12, 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 th item; discontinuance of consideration; authorization to enter into negotiations and Execute agreements pertaining to the item; adoption or approval; and, disapproval. Copies of he staff reports or other documentation relating to each item of business referred to on the genda 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 nswer any questions regarding the agenda. in complia ce 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 nor 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 S SSION: 1. CONFERENCE WITH LABOR NEGOTIATOR (G.C. Sec. 54957.6) Agency negotiator: Roy Hanley Employee organ zations: Mid-Management/Professional, Atascadero Fire Captains, Atascadero Fire ighters, Service Employees Intl. Union Local 620 7:00 P.M. - REGULARSESSION: (Please see Rules of Public Participation, back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COUNCIL COMMENTS 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 P Consent Calendar. 1. CITY COUNCIL MINUTES - April 22, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES - May 13, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 3. CITY COUNCIL MINUTES - June 5, 1997 (Joint SLO County City Councils) [Marcia Torgerson] (City Clerk's recommendation: Approve) 4. CITY COUNCIL MINUTES - July 8, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 5. CITY COUNCIL MINUTES - July 16, 1997 (Closed Session) [Marcia Torgerson] (City Clerk's recommendation: Approve) 6. CITY COUNCIL MINUTES - Jul 22 1997 Marcia Y � ! Torgerson] (City Clerk's recommendation: Approve) 7. CITY COUNCIL MINUTES - July 28, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) i 8. CITY TREASURER'S REPORT - June, 1997 [Rudy Hernandez] (City Treasurer's recommendation: Review & accept) 9. PAYMENT OF AUDITED BILLS AND PAYROLL FOR JUNE, 1997 [Rachelle Rickard] (Staff recommendation: Approve) <r 2 } 10. RESOLUTION N . 79-97 - Adopting the annual spending limit for Fiscal Year 1997/98 and amending the annual spending limits for Fiscal Years 1994/95, 1995/96 and 1996/97 [Rachel% Rickard] (Staff recomme dation: Adopt) 11. FINAL PARCEL VIAP 96017, 3255 ARDILLA RD. - Final approval to divide one 5.78 acre parcel into two parcels of 2.89 acres each for single-family residential use (Hjortland/Gear art/Wilson Surveys) [Steve DeCamp] (Planning Comn ission/Staff recommendation: Approve) 12. RESOLUTION NO. 81-97 - Authorizing the execution of an agreement with Bank of Santa Maria for an ATM in the Police Department lobby [Lt. Watton] FISCAL IMPACT None (Staff recommendation: Approve) 13. RESOLUTION NO. 80-97 - Authorizing the execution of an agreement with San Luis Obispo County for Animal Control Services [Lt. Watton] (Staff recomme dation: Adopt) 14. ORDINANCE No . 331 - Amending Chapter 2 of Title 11 (Subdivision Ordinance) of the Municipal C de delegating to the Planning Commission the authority to approve, conditionally ap rove or disapprove tentative tract and parcel maps [Steve DeCamp] (Staff recomme dation: Motion to waive reading in full and adopt on second reading by titleonly) 15. ORDINANCE NO. 332 - Adding Chapter 15 to Title 7 of the Municipal Code pertaining to en roachment permits [Steve DeCamp] (Staff recommendation: Motion to waive reading in full and adopt on second reading by titleonly) B. PUBLIC HEART GS: No items scheduled. C. REGULAR BUST ESS: No items scheduled. D. STATUS OF CITY COUNCIL REFERRALS: 1. TREE ORDINANCE/GUIDELINES REVISION PROCESS [Steve DeCamp] (Staff recommendation: Establish ad hoc advisory committee) 3 E. 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 4 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum: O Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). O Persons wishing to speak should step to the podium and state their name and address, for the official record. O All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. O No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. O A person may speak for five (5) minutes. O No one may speak eak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. O Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. O The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: O The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. O A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. O State law does not allow the Council to take action on issues not on the agenda; staff may be asked to follow up on such items. Agenda Item: A-1 Meeting Date. 8/12/97 ATASCADERO CITY COUNCIL APRIL 22, 1997 MINUTES 6:30 P.M. - CLOSED S SSION: CONFERENCE WITH L BOR NEGOTIATOR: Agency Negotiator: Ci:y Attorney Employee Organization Service Employees Intl. Union Local 620 Th E CLOSED SESSION ADJOURNED A T 6:55 P.M. 7:00 P.M. - REGULARSESSION: Mayor Johnson called the Regular Meeting to order at 7:00 p.m. and Councilman Lerno led the Pledge of Allegiance. ROLL CALL: Present: C uncilmembers, Clay, Lerno, Luna and Mayor Johnson Absent: C uncilman Carden Others Present: lVarcia M. Torgerson, City Clerk Staff Present: Robert Grogan, Interim City Manager; Roy Hanley, City Attorney; C ief Mike McCain, Fire Department; Gary Kaiser, Associate Planner; Li. Bill Watton, Acting Chief of Police; Cindy Holton, Deputy City C erk; Rachelle Rickard, Accountant; Capt. Fred Motlo, Fire D apartment • COUNCIL COMMENTS Councilman tuna shard a conversation he had with a young mother which is relevant to the Council's decision on CDBG monies and last year's discussion on rent stabilization. He suggested that, 1) the ity not discourage CDBG applications for affordable housing by giving the impression t at all the funds are going for economic development, and 2) that staff collect general re tal information to see if there is price gouging going on. Mayor Johnson noted it has come to his attention that members of the public have been engaging staff at North Coast Engineering for certain actions which have been charged back to the contractor involved. He expressed concern that Council members do not have the authority to direct staff and neither should the public. He 'requested that staff address this as a policy matter so that furnishing information is handled appropriately and on a "level playing field". CC 4/22/97 Page 1 i Mayor Johnson announced the Grand Jury selection process is under way and applications are due by May 16". Interested persons are encouraged to apply. In addition, the Mayor conveyed that Mike Arrambide has expressed an interest in applying for the Planning Commission, however he will be out of town until April 28', 3 days after the close of the recruitment. Mr. Arrambide's name was submitted for consideration in the recruitment. PROCLAMATIONS: The Mayor read the following proclamations: • "Volunteer Recognition Month", April 1997 - Proclamations (3) were accepted by Julia Donovan for AARP, by Casey Kassay for the CALL Program, and by a representative of RSVP. • "National Tourism Week", May 5-11, 1997 - Accepted by Jonni Biaggini of the SLO Co.` Visitors & Conference Bureau, who reviewed the contents of a countywide visitors survey, which includes information regarding the visitor to Atascadero. She presented the VCB's first "County Visitors Guide and Meeting Plan", which Councilman Luna suggested be placed at the Factory Outlet. Micki Ready added that the Chamber is working with the Factory Outlet management team at the tourist information center to do more marketing of Atascadero at that location. COMMUNITY FORUM: Rush Kolemaine, Box 1990, asked for clarification on the meeting scheduled for Thursday night regarding the Cuesta College north county site selection. Mayor Johnson responded that it is not a City Council meeting but Cuesta representatives are coming at the City's invitation to brief our public on the college, its site selection alternatives and the process involved. It is being jointly sponsored by Sen. O'Connell and Cuesta College. Art Gentry, 5525.Capistrano, conveyed that Falcon Cable Company has expressed interest in programming on the basis of renegotiating an extension of their franchise agreement with the City. Mayor Johnson noted the cable company has not come forward with a formal request to begin negotiations. Lindsay Hampton, 8402 Alta Vista, reminded everyone about the band concert to be held at the Lake Pavilion this Saturday at 3:00 p.m. Proceeds will go toward either the pur- chase of Stadium Park or the community band. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - February 11, 1997 [Marcia Torgerson] (City Clerk recommendation: Approve) 2. CITY COUNCIL MINUTES February 25, 1997 [Marcia Tor erson] (City Clerk recommendation: Approve) i 3. AGREEMENT BETWEEN CITY OF ATASCADERO AND ROY A. HANLEY FOR CITY ATTORNEY SERVICES (authorized 2/25/97) [Bob Grogan] (Staff recommendation: Ratify) CC 4/22/97 Page 2 l 4. TENTATIVE PARCEL MAP 96017, 3255 ARDILLA ROAD - 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 (Hjortland/Cannon Associates) [Steve DeCamp] (Planning Commission/Staff recommendation: Approve) 5. RESOLUTION ND. 25-97 - Declaring weeds a public nuisance and establishing procedures for the abatement of said nuisances [Mike McCain] (Staff recomme dation: Adopt) 6. RESOLUTION NO. 29-97 - Modifying and adopting fees for miscellaneous and special Polices rvices [Bill Watton] (Staff recomme dation: 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 Com- missioners, Pars & Recreation Commissioners and members of the Building & Construction B and of Appeals [Roy Hanley] (Staff recomme dation: Motion to waive reading of ordinance in full and adopt on second reading by title only) Councilman Luna pulled Items A-4 and A-6, and Councilman Clay pulled Item A-3. Motion: By Councilman Luna, seconded by Councilman Lerno to approve items A-1, 2, 5 and 7. Motion passed by 4:0 roll-call, with Councilman C rden absent. Re: Item A-3: Councilman Clay asked Roy Hanley to explain Art Montandon's role with the City. Mr. Hanley r sponded that Mr. Montandon is not involved with this contract but he is using Mr. Monta don as his assistant, which the contract authorizes him to do at his discretion, within the tudgeted amount for attorney services. More specifically, Mr. Montandon is familiar with several legal matters which have several years of history with which he has been involved in handling for the City as the former City Attorney. Motion: By Councilman Clay, seconded by Councilman Luna to ratify the agreement with Roy A. Hanley for City Attorney services. Motion passed by 4:0 roll-call, with Councilman Carden absent. Re: Item A-4: Counc Iman Luna asked what the status of the 30" blue oak tree is, and will it be saved. Gary aiser responded that no tree removals are associated with this subdivision (Councilman Luna was confusing this with another project) and noted the correct address should be 3225 Ardilla Road. ' Motion: B Councilman Luna, seconded by Councilman Clay to approve TPM 9 5017. Motion passed by 4:0 roll-call, with Councilman Carden absent. Re: Item A-6: Counci man Luna reported that the Traffic Committee had discussed the cost for parking tickets. He suggested the fines be brought in line with those of neighbor- ing communities. Staff was asked to bring back proposed fee changes for traffic-related items. Acting Chief atton responded to questions from Council. Motion: By Councilman Luna, seconded by Councilman Clay to adopt Res. No. 29-97. Motion passed by 4:0 roll-call vote, with Councilman Carden absent. CC 4/22/97 Page 3 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) Chief McCain provided staff report and responded to questions from Council. Lengthy related discussion ensued. Councilman Luna requested that the Council be provided with and review the state's Bates Bill, which primarily specifies minimum abatement require- ments for structure protection, and cited sections of the proposed ordinance as redundant and unclear in their definition of noxious weeds as they include native species. Chief McCain characterized the ordinance as "catch-all" in nature and is not interpreted as giving the Fire Chief authority to direct property owners to cut down native tree seedlings but to clear rubbish, trash, dry weeds, etc. He indicated that language to encourage the protec- tion of oak seedlings could be inserted, if so directed. Public Comment Rush Kolemaine, Box 1990, Atas., conveyed his concern over what he sees is a conflict between the City and state laws applicable to weed abatement in creekways. To follow the City's abatement ordinance would be trespassing and harming riparian vegetation in the creekway. He asked for clear language in the ordinance to guide homeowners in abating weeds within creekways running through their property. Motion: By Councilman Lerno, seconded by Councilman Clay to waive the reading of Ord. 328 in full and introduce it on first reading by title only. Motion failed by 2:2 roll-call vote, with Councilman Carden absent. The Fire Chief was directed to review the proposed ordinance with the City Attorney considering the concerns expressed, and to bring this item back to review the City's compliance with the Bates Bill. It was clarified that the weed abatement program can continue on schedule according to the adopted procedures. 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) e Rachelle Rickard provided staff report on this item and responded to questions from Council. Public Comment Micki Ready, Chamber of Commerce, conveyed that many businesses have expressed,that December is a difficult month for complying with the business License renewal expense and she asked that the Council consider July 1 as the annual renewal time. Motion: By Councilman Luna, seconded by Councilman Clay to adopt Res. No. 30-97, with an amendment to make October the month of renewal. Motion passed by 4:0 roll-call vote, with Councilman Carden absent. CC 4/22/97 Page 4 2. RESOLUTION NO. 31-97 - Relating to solid waste adjustment methodology [Councilman Lu a] (Councilmember recommendation: Adopt) Councilman Luna repo ed on this item and displayed an overhead (Exhibit A, attached) explaining the state's formula and that proposed by the SLO Integrated Waste Management Authority in order to achieve a 25% waste reduction by 1995 and 50% by the year 2000, as mandated by AB-939. He commented that, after trying both, he feels the IWMA's formula is more understandable, is population-based and is approximately the same as the state's. He noted that 4,tascadero has already achieved the 50% reduction and attributed it to the early establishment of the City's recycling program and the cooperation of the citizens of Atascadero. There was no public comment. Motion: By Councilman Luna, seconded by Councilman Lerno to adopt Res. No. 31-97. Motion passed by 4:0 roll-call vote, with Councilman C rden absent. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports v till be given, as felt necessary.): S.L.O. County Mayors Group - Mayor Johnson announced there will be a joint SLO County city councils meeting at 6:00 p.m. on June 5". Each city council with a quorum will have a vote on the agenda items at that meeting. There will be discussion on legislation regard- ing city revenue needs and restoration of revenues taken by the state. Mayor Settle (S.L.O. City) will be talking about the urban reserve line. Mayor Novak (Morro Bay) will be talking about the impact of the accelerated depreciation of Diablo Canyon on the city's and county school districts Mayor Reed (Grover Bch.) will be discussing a county-wide %2 C sales tax increase to be used for streets and highways. It is hoped that the seven cities and the county will ag ee to support it. Mayor Novak will also provide information on the public education gover ment (PEG) access on cable tv, as well as the Economic Vitality Corporation. IWMA staff will be discussing AB-939 waste diversion goals. S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Mayor Johnson reported that he attended SLO OG, where discussion took place on their staffing. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council - Councilman Clay commented on the Pavilion clean-up to be held at 8:00 a.m. on Saturday, May 3'd Councilman Lerno asked that the tree ordinance be placed on a Council agenda for review. Bob Grogan indicated a would review the subject and report back. Councilman Lerno noted a perceived concern on the part of some regarding what he is doing out in the field. He encouraged anyonE concerned to direct their questions to him. He expressed that he is discouraged with the time lapse on his requests for information from certain departments, when members of the public have gotten a quicker response. He does not appreciate nega- tive allegations toward him both at meetings and in the newspaper. Mayor Johnson reminc ed all of the Cuesta College meeting this Thursday at 7:00 p.m. and encouraged attendance. Mayor Johnson thanked the City Manager's office for the reports and information coming to the City Council. Mayor Johnson confirmed the Council consen- CC 4/22/97 Page 5 r us from the last meeting to schedule discussion of zoo funding at a regular meeting (May 13`h) rather than schedule a special meeting. City Clerk - Marcia Torgerson announced that the recruitment period to fill vacancies on various city commissions and committees is closing this Friday, and she asked for Council direction pertaining to setting up interviews. She noted there are 9 openings and she has received 11 applications. Mayor Johnson directed that the recruitment period be extended by one week, given that the next Council meeting is not for three weeks because of a fifth Tuesday this month. City Manager - Bob Grogan provided a legislative update: The property tax is still being focused on for support in order to shift it back to cities from the state. The sales tax proposal did not pass. He will continue to follow this legislation. The meeting adjourned at 8.42 p.m. MINUTES RECORDED BY: MARCIA M. TORGERSON, City Clerk PREPARED BY: CINDY L. HOLTON, Deputy City Clerk CC 4/22/97 Page 6 tr CITY COUNCIL MINUTES 4/22/97 Declarations EXHIBIT "A" ................................................................................................................. ........... indicates 1995 and indicates 1990 0 BCPI 147.2 0 FCPI 164.3 0 FSALES = 1911413 0 BSALES = 1802531 0 BPOP = 23902 0 FPOP = 25000 OBEMP = 1 0 FEMP ,= FPOP BPOP The State does it this way: W1 = (FEMP + FS ES BCPI)j ( FPOP BS ES FCPI )2 FRWI = + FIC I �BPOP 2 FWASTEGENERATIG14 = BCW FCWI + BRW FRWI FWASTEGENERATION = 0.99799 BCW + 1.022 BRW The SLO IWMA Sumiests the following: IWMAFWASTEGENE]UTION = (BRW -IF BCW) FPOP BPOP IWMAFWASTEGENEIZATION = 1.0459 BCW + 1.0459 BRW T DIVERSION = FWAS. EGENERATION — DISPOSAL IWMADIVERSION = WMAFWASTEGENERATION — DISPOSAL Agenda Item: A-2 Meeting Date: 5/13/97 ATASCADERO CITY COUNCIL MAY 13, 1997 MINUTES 6:30 P.M. CLOSED S SSION: CONFERENCE WITH L GAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation: Two (2) potential cases (City Attorney recomm ndation: Authorize settlement discussions by City Attorney) 7:00 P.M. REGULARSESSION: Mayor Johnson called the Regular Meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: C uncilmembers Carden, Clay, Lerno, Luna and Mayor Johnson Absent: None Others Present: Marcia M. Torgerson, City Clerk Staff Present: R Bert Grogan, Interim City Manager; Roy Hanley, City Attorney; Capt. Peter Gaw, Fire Department; Steve DeCamp, Acting Community D velopment Director; Lt. Bill Watton, Acting Chief of Police; Brady C erry, Community Services Director; John Neil, Asst. City Engineer; Cindy Holton, Deputy City Clerk; Claudia Collier, Zoo Curator; Rachelle Rickard, City Accountant COUNCIL COMMENTS Councilman Clay askec that the north county Cuesta College site selection be placed on the next City Council agenda for public discussion and consensus attitude. He feels the proposed north Paso Robles site is not the best place, and it should be more centrally located. He also enco raged that local individuals be hired to fill police officer positions. SPECIAL PRESENTATIONS: • Employee Public Service Recognition- Mayor Johnson issued recognition plaques to Rudy Hernandez (C ty Treasurer), Delma Mendes (Account Clerk II) and Brady Cherry (Community Servic s Director) for their exemplary services to the City. CC 5/13/97 Page 1 • Resolution No. 32-97 - Recognizing outgoing Atascadero High Head Football Coach Larry Welsh for his service to the community [Mike McCain] Mayor Johnson read Res. No. 32-97 and presented it to Larry Welsh, now the Head Coach at Cal Poly University. The Mayor noted Mr. Welsh's active involvement in the high school agriculture and other programs in addition to football. Mr. Welsh thanked the Council and City of Atascadero and accepted the award on behalf of all the coaches who worked in the program over the past 17 years. He also thanked the students, saying "a willing heart lightens work", and that Atascadero High has had a lot of wilting young people who accepted the work ethic asked of them. He congratulated the new head coach, thanked the parents in the community and encouraged their continued support of all of their children's endeavors. COMMUNITY FORUM Rush Kolemaine, Box 1990, Atascadero, asked for Council support of Councilman Clay's request to agendize the Cuesta north county site selection topic for the benefit of the public. He shared that the results of his research of the documentation of Cuesta's site selection effort showed there has been very little communication between Cuesta administration and City government. He conveyed that a committee has been formed in the community which will pursue revisiting the process and petition for a more centrally . located campus. Eric Greening, 7365 Valle, supported the comments of the previous speaker and said there are still further decisions to be made regarding the Cuesta plans, e.g. the EIR. He noted the concerns of CTAC about the traffic dangers and impacts. In addition, he commented that the revised draft EIR for raising the Salinas Dam is nearly ready for distribution, which will likely extend the public comment period into June, and he encouraged Council and staff participation in that process. Livia Kellerman, 5463 Honda, suggested a trolley system as an adjunct to the,regular bus route within the City, citing the success of a system in Ojai. Ray Jansen, 6655 Country Club Dr., regarding the decision on the north-county Cuesta College site, said that a decision that is not adequately or fairly made is not really a decision and should not be accepted. He reiterated the availability, at reduced cost, of two people's lobbies that the Quakers maintain in Sacramento and Washington, D.C., which he spoke of at the last City Council meeting. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - February 3, 1997 (Adjourned Meeting) [Marcia Torgerson] (City Clerk recommendation Approve) 2. FINAL PARCEL MAP 96014, 6600 LOMITAS Final consideration to subdivide one lot of eight (8) acres into two (2) lots of 3.00 and 4.46 acres for single-family residential use (Graves/Sholders) [Steve Decamp] (Planning Commission/Staff recommendation: Approve) CC 5/13/97 Page 2 l 3. TENTATIVE PARCEL MAP 96007, 8745/8775 COROMAR ROAD - Consideration to divide two lots of 1.05 and 1 .15 acres into four parcels of 0.50, 0.50, 0.51 and 0.55 acres for single-family residential use (Jackson/Shores/Sholders Surveys) [Steve DeCamp (Planning Comt7 ission/Staff recommendation: Approve) 4. RESOLUTION N 3. 34-97 - Authorizing and approving the borrowing of funds (not to exceed $1.2 Mi lion) for fiscal year 1997-98; the issuance and sale of a 1997-98 Tax and Revenue Anticipation Note (TRAN); and therefore participation in the California Communities Cash Flow Financing Program [Rachelle Rickard] (Staff recomme dation: Adopt) 5. RATIFICATION OF APPOINTMENT OF TWO MEMBERS-AT-LARGE TO THE ECONOMIC RO ND TABLE [Marcia Torgerson] (City Clerk recommendation: Ratify) 6. . RESOLUTION N . 35-97 - Approving the destruction of certain Police Department records, documents and papers [Bill Watton] (Staff recommendation: Adopt) Mayor Johnson announced that Item A-1 is continued to the next meeting, Councilman Lerno will abstain from voting on Item A-2, he noted that Item A-3 is a final parcel map (not tentative as listed), and Councilman Clay pulled Item A-6 or clarification. Motion: l3v Councilman Carden, seconded by Councilman Clay to approve Items A-2, 3, 4 and 5. Motion passed by 5:0 roll-call vote, 4:0 on It,m A-2, with Councilman Lerno abstaining. Councilman Clay askec what changes were being implemented. Acting Chief Watton indicated there are few changes; the actions authorized by proposed Res. No. 35-97 are intended to bring the PD's practices into compliance with Department of Justice guide- lines. Motion: By Councilman Clay, seconded by Councilman Luna to adopt Res. No. 35-97. Motion passed by 5:0 roll-call vote. B. PUBLIC HEARINGS: 1. APPEAL OF 4/1(97 PLANNING COMMISSION DECISION REGARDING TREE REMOVAL AT THE INTERSECTION OF EL CORTE AND ARCADE ROADS [Steve DeCamp] (Staff recommendation: Uphold appeal and approve tree removal request) Steve DeCamp provided staff report. He noted that the Planning Commission heard arguments for the removal of the tree and a staff recommendation for removal. However, the Commission believes additional information is necessary and, therefore, referred the tree removal request back to staff to explore alternative road alignments which might save the tree. The questions before the Council are, first, whether to hear the appeal and then whether or not it should be removed. Roy Hanley cited AMC Sec. 9-1.111(b), which CC 5/13/97 Page 3 governs appeals from the Planning Commission. He indicated his opinion that, as written, any aggrieved party may appeal any decision of the Planning Commission to the City Council as long as they follow the rules of procedure stated. Steve Decamp verified that the appeal was filed timely and according to the City's procedures. Councilman Luna expressed concern about permit streamlining, due to the imposition to the developer from the Commission's returning this item back to staff. Roy Hanley indicated there is a separate Planning Commission Rule which indicates that a Planning Commission inaction on permit streamlining matters automatically sends an appeal to the City Council. The affects of this are, 1) timely review by the City Council, and 2) neither the project opponent nor applicant are required to pay the appeal fee. The consensus of the City Council was to hear the appeal. Public Comment John Falkenstien, Cannon Associates, representing applicant Ray Bunnell, clarified the reasons for the appeal. Ray Bunnell, the applicant, noted that he looked at the tree and reviewed the options. He spoke with the corner property owner, who had expressed he was unaware that the sub- ject section of his property was in City right-of-way and that the tree might come out to accommodate road widening. William Zimmerman, Planning Commission, expressed the feeling that it is inappropriate that this hearing is being held. He feels the Planning Commission did not make a decision but requested additional information, thus the item is still pending at the Commission level. He said his concern is whether the road will be able to be built even if the tree is removed, given cost factors and the impact to the homes along the west side of the road. Eric Greening, 7365 Valle, suggested the construction to the east side be considered as a preferred option if the landowner is amenable and the cost of right of way is less than the cost of construction work on the west. He shared Commissioner Zimmerman's concerns about this item coming forward from the Commission, feeling it might lend to hasty decisions when it is appropriate for the Commission to request additional information on matters pending. e Ray Bunnell spoke again, saying the appeal meant no disrespect toward any members of the Commission, though he was concerned it might be received that way. The appeal was filed only because they had submitted all the information they felt they had to, short of buying right of way. John Neil commented on the road improvement requirements at the subject location, their affect on the tree in question and responded to questions from Council. Additional Council discussion ensued. Motion: By Councilman Carden, seconded by Councilman Lerno to uphold the appeal and approve the tree removal request. Motion passed by 4:1 roll-call vote, with Councilman Luna opposed. CC 5/13/97 Page 4 2. ZONE CHANGE 97001/ZONE CHANGE 96010/TENTATIVE TRACT MAP 96010, 5392 BARRENEA AVE. Consideration of a zone change application to modify the text of the Zoning Ordinance with respect to building setback requirements in the PD7 Overlay Zone and a proposal lo establish a Master Plan of Development for a particular site and subdivide that .68-acre site into six (6) lots for residential development consistent with the Master Plan (Norton/Cannon Associates) [Steve DeCamp] A. Ordinance No. 325 - Amending Section 9-3.151 of the Zoning Ordinance relative to building setback requirements (ZC 97001) (Planning, Commission/Staff recommendation: Motion to waive reading in full and introduce on first reading by title only) B. Ordinance No. 326 - Amending Map 6 of the official zoning maps by rezoning certain real properties at 5392 Barrenda Ave. From RMF/16 to RMF/16 (PD7) (ZC 960 0) (Planning, Commission/Staff recommendation: Motion to waive reading in full and introduce on first reading by title only) C. Tentative Tract Map 96010 (Planning, Commission/Staff recommendation: Approve based on Findings and Revised Conditions of Approval) Mayor Johnson stepped down from participating on this item, saying the applicant is a business client of his. Steve DeCamp provided staff report. Public Comment John Falkenstien, Canr on Associates, representing applicant Paul Norton, offered to respond to questions. There were no questions from the Council and no additional public comment. Motion: By Councilman Clay, seconded by Councilman Lerno to read Ord. 325 by title only and approve it on first reading. Motion passed by 4:0 r ll-call vote, with Mayor Johnson absent. Motion: By Councilman Lerno, seconded by Councilman Clay to read Ord. 326 b title only and approve it on first reading. Motion passed by 4:0 r ll-call vote, with Mayor Johnson absent. • Motion: By Councilman Lerno, seconded by Councilman Clay to approve T ntative Tract Map 96010, based on the Findings contained in the P anning Commission staff report dated 4/15/97 and the attached Revised Conditions of Approval. Motion passed by 4:0 roll-call vote, with Mayor Johnson absent. 3. ZONE CHANGE 96017/ROAD ABANDONMENT 96003/LOT LINE ADJUSTMENT 96008, VISTA 130NITA AVENUE ON SOUTH SIDE OF CHALK MOUNTAIN (Frederick/Cannon Associates) [Steve DeCamp] CC 5/13/97 Page 5 A. Ordinance No. 324 - Amending Map 19 of the official zoning maps by rezoning certain real property on Vista Bonita Ave. From RSF-Y(PD7) and RSF-Z(PD7) to RSF and RSF-Z (ZC 96017) (Planning Commission/Staff recommendation: Motion to waive reading in full and introduce on first reading by title only) B. Resolution No. 24-97 - Summarily vacating a portion of Vista Bonita Ave. Pursuant to Streets and Highways Code; Part 3, Public Streets, Highways and Service Easements Vacation Law; Chap. 4, Summary Vacation (RA #96003) (Planning Commission/Staff recommendation: Adopt) C. Lot Line Adjustment 96008 (Planning Commission/Staff recommendation: Approve, based on Findings and Conditions of Approval) Steve DeCamp provided staff report and responded to questions from Council. Public Comment John Falkenstien, Cannon Associates, representing applicant Mike Fredericks, reiterated the reasons for bringing this item before the Council and offered to respond to questions. There were no questions from the Council and no additional public comment. Motion: By Councilman Luna, seconded by Councilman Carden to read Ord. 324 by title only and approve it on first reading. Motion passed by 5:0 roll-call vote. Motion: By Councilman Luna, seconded by Councilman Carden to adopt Res. 24-97. Motion passed by 5:0 roll-call vote. Motion: By Councilman Luna, seconded by Councilman Carden to approve Lot Line Adjustment 96008 based on the Findings and Conditions of Approval contained in the Planning Commission staff report dated 4/15/97. Motion passed by 5:0 roll-call vote. 4. ORDINANCE NO. 329 - Providing for administrative citations, fines and hearing e procedures pursuant to Government Code Section 53069.4 [Roy Hanley] (City Attorney recommendation: Motion to waive reading in full and introduce on first reading by title only) Roy Hanley provided staff report. Public Comment Eric Greening, 7365 Valle, spoke in support of writing a policy that anyone made aware of a code violation be given a time period within which to effect a correction so as to guar- antee, in writing, the enforcement approach to be results-oriented rather than viewed as harassment, the goal being to achieve code compliance, not revenue through fines. CC 5/13/97 Page 6 l i n: B Luna, seconded b Councilman Carden Moto Councilman Lu y to waive the r ading of Ord. 329 in full and introduce on first reading by title only. o tion passed by 5:0 roll-call vote. Mayor Johnson took a poll of those in attendance to hear the next two agenda items. Given that the majoritV were present for the Light-the-Lake Project (C-2), he announced that the order of Items C-1 and C-2 will be reversed. COUNCIL RECESSED FOR A BREAK FROM 8:35 - 8:45 P.M. C. REGULAR BUSINESS: 2. ROTARY CLUB LAKE LIGHTING PROJECT [Brady Cherry] (Status Report: Provide direction) Brady Cherry provided staff report and responded to questions from Council. He invited residents to contact him to work together with the Rotary Club to address their concerns. He updated informatiop in the staff report saying that 21 of the 50 lights to be installed have been sponsored ty members/organizations in the community at a cost of $3,600 each. He added that he is pursuing with Asst. City Engineer John Neil an attempt to obtain outside grant funds to be used to improve the pedestrian path around the lake and will also seek the assistance of SLOCOG in this regard. Public Comment Kathy Thomas, 9520 Marchant Way, yielded her speaking time to the next speaker. Alan Thomas, 9520 M 3rchant Way, conveyed that anything done to change the nature or character of the lake n eds to be done very carefully and agreed upon by everyone. He expressed support for he Rotary Club and said any disagreement with the lighting project is not meant to criticize Rotary. He has submitted a petition bearing 50 signatures (25 just today, Exh. A attache ) of residents expressing their varied concerns about the project, and he expounded on his p rsonal concerns. He suggested the project be phased, the first phase being to install lights within the park, and then go back to the drawing board for more resident input, m re engineering, look at the budget and explore alternatives to seek resident support fora workable project. , Livia Kellerman, 5463 Honda, supported the comments of the previous speaker and expressed concern about having lights around the lake. She suggested an alternate style of lights. Eric Greening, 7365 Valle, supported the suggestions of the previous speaker for low lights and is opposed to staggered, sponsored lights due to pedestrian safety concerns. Ernie Porter, 9420 Ma chant, saying he is the longest resident at the lakeside, expressed opposition to the project. CC 5/13/97 Page 7 Alice Porter, 9420 Marchant (since 1943), expressed objection to the project and requested support for the maintenance of the view from her home. Bob Lilley, 14705 El Camino Real, Rotary member, noted that Rotary is not trying to force anything on the lakeside residents but is attempting to address a need viewed of benefit to the entire community and an open process has been conducted on this project. Wendy Pearce, 9155 Lakeview Dr., yielded her speaking time to the next speaker and indicated she shares his viewpoints. Richard Pearce, 9155 Lakeview Dr., noted he and his wife sent a letter to the City Council expressing their concerns about the project. He doesn't consider this a beautification project and feels the lights will spoil the natural beauty there. If installed, they should be confined to the park area. Steve Summer, Rotary member in charge of marketing the lighting project in the com- munity, attempted to respond to many of the points made by previous speakers. He noted that no tree removals have ever been considered by Rotary for positioning of lights. Kim Jeanes, 6280 San Anselmo, commented that a main issue she heard was that residents around the lake and persons opposed were not made aware of the project. She referenced numerous newspaper articles (posted on bulletin board at the back of the Rotunda Room for public view) which have appeared since the idea began to the present plan. She expressed support for the project. Rush Kolemaine, Box 1990, said this is the 41h appearance regarding the lake lighting project in the past two years. He pointed out that the lake does not belong to only those who reside around it. Ed Salas, 8200 Portola, said his property taxes indicate he does own his view of the lake, and he expressed objection to the project. Gretchen Strayenhagen, 9095 Lakeview, expressed support for lighting of the lake feeling it will heighten safety for all who use it. Wendy Pearce, 9155 Lakeview, responded to comments from previous speakers implying that those who live around it are selfish and feel they own the lake. She said the lakeside owners' feelings are opposite, that it belongs to everyone and there are many citizens who treasure the natural beauty of the lake. Barbie Butz, 3370 San Fernando Rd., Parks & Rec. Commissioner, confirmed the process that was gone through for this project, beginning two years ago. Area residents around the lake were canvassed by members of the Commission to seek their input, as well as seeking it through the public forum at meetings. The concept was advertised before any formal proposal was made. She said she is uncomfortable that the concerns are coming up now following what she feels has been a democratic process. Frank Hauck, 9545 Lakeview, expressed concern that there will be an increase in bugs that will be drawn to the additional lights and suggested perhaps bug zappers be installed with CC 5/13/97 Page 8 them. He suggested the lights be shut off earlier than 10 p.m. during winter, e.g. 8-8:30 p.m. Ernie Porter spoke aga n and indicated he has never felt he owned the lake. He objects to a light being placed in the middle of his property frontage. Clara Gilbreath, 9185 Lakeview, expressed objection to lights, period, feeling it will detract from the natural beautu of the lake. Mr. Williams, 8160 Sa ita Rosa Rd., supports the lighting project. George Beatie, 10025 EI Camino Real, Parks & Rec. Commissioner, reviewed the history of the proposed lighting project. He conveyed that the Commission was aware of the controversial nature of the proposal after interviewing residents and walkers around the lake, however, he recalled that no one attended the public hearing on the issue. He commented that it has come forward through a democratic process. Eric Greening spoke again, disagreed with the concept of bug zappers and feels traffic potentially generated by more lighting is of bigger concern. Livia Kellerman, 5463 onda, expressed concern about the rigid attitude of the Rotarians concerning the project because it will affect so many people. Alice Porter, said she attended the public meeting held on this proposal and recalled that most of the people there were in objection. She does not feel that lights will make the area safer. Alan Thomas spoke ag in, referencing that the minutes of the Parks & Rec. Commission reflect their recommended approval of the project with the condition that the Rotary Club and the City work out the details. Thus, he considers what is being done at this meeting an appropriate forum for working out those details. Richard Pearce spoke z gain and asked that the Council do away with extending the project beyond the park boun aries, except perhaps at the Santa Rosa end of the lake, in order to minimize the impact to residences. Frank Hauck spoke again and asked that an EIR be done. He commented that installing the , lights might subject the City to added liability. Ed Salas spoke again and asked if the road around the lake is part of the park and is Brady Cherry in charge of it. They Mayor responded that the road is under Mr. Cherry's purview as Community Service3 Director. Richard Pearce spoke again, and he commended Brady Cherry for the time he has taken and for his disposition toward the residents during their discussions on this project. City Clerk Marcia Torg rson, read into the record letters from the following citizens regarding the lightingproject: Steven LaSalle, 7505 Marchant Way (opposed—Exh. B, attached); Barbara Sc oenike, 7505 Marchant Way (opposed—Exh. C, attached); George CC 5/13/97 Page 9 Highland, 3057 S. Higuera St., SLO (in favor—Exh. D, attached); Jack & Shirley Montague, 9510 Marchant Way (opposed, except perhaps at south end of lake—Exh. E, attached). The floor was closed to the public and City Council members shared their individual views. Councilman Clay conveyed that Maggie Vandergon contacted him and expressed support for the project. There was no action taken to change the plan approval, however the consensus hope was expressed that Rotary and staff will be sensitive toward the residents around the lake and that the placement of the lights can ,be worked out coopera- tively, as well as some of the other issues of concern such as time lighting is proposed to occur and light wattage. 1. CONSIDERATION OF ZOO FUNDING [Brady Cherry) (Staff recommendation: Provide direction) Brady Cherry provided staff report. He reiterated the purpose of this item being under discussion is to address long-term financial support of the zoo, and he read the recommen- dation from the staff report. Lengthy discussion with Council ensued. Claudia Collier, Zoo Curator, commented on the standards required to maintain accreditation. Councilman Clay suggested efforts be focused on increased attendance through improved advertising and he offered suggestions. He encouraged that Donna Wallace be utilized for grant writing, due to her experience in that area. Councilman Lerno feels the revenue enhancement options provided by Mr. Cherry are on the right track, and he suggested that some of the developer fees be placed in the zoo fund, if possible. Motion: By Councilman Luna to continue the meeting beyond 11 p.m. Consensus was to do so. Public Comment Rush Kolemaine, Box 1990, had questions of Brady Cherry regarding private-public partnerships, to which Brady responded. Mr. Kolemaine encouraged Brady to continue exploring avenues of raising revenues but would like to see an earnest effort to evaluate what is needed by the Zoo Society so it might have a leg up on funding the zoo, e.g. corporate structure. Dawn Massighetti, 341 Foothill Blvd., SLO, indicated that she and three other Cal Poly students are doing an evaluation of the Paddock Zoo for a class. Over 100 persons have participated in a survey thus far, and others will be interviewed. A report will be complete in a few weeks and she invited questions. A copy of the report will be provided to Brady and Claudia Collier. She suggested that the City coordinate with various Cal Poly depart- ments to accomplish some of the desired goals at the zoo. CC 5/13/97 Page 10 Tami Smyda, 1545 Sar Miguel Rd., spoke in support of the zoo as an asset to the entire community and county, She would support an increase or tax to keep it open. Barbie Butz, President f the County Zoological Society, submitted statistics compiled by David Graham for theCouncil's information (Exh. F, attached). She invited the Council to attend a Society Board meeting to enlighten them as to the types of things the Society does. She noted that RG&E suggested some of the grant money the Society has received be used for the Board's education to help them help themselves. She added that additional signage is needed, which requires CalTrans approval. Lee Swam, 9065 Lakeview Dr., thanked the Council for their efforts in support of the zoo. As a representative of the Zoological Society to the Community Services Foundation, his focus is long-term zoo unding. He commented that a 3-5 year funding commitment will be necessary in fostering iunding efforts. He passed out a flyer produced by the boat and bicycle concessionaire it the lake, and noted other sources of public relations which pro- mote the zoo. He than ed the Council for their past support and expressed the hope for continued, long-terms pport. The consensus of the City Council was to support the proposed x.50 zoo admission fee increase. S aff was directed to study more closely some of the funding options mentioned, particularly as it pertains to the pros and cons of placing a measure on the ballot, an as essment on property and a contingency plan for privatization. It was agreed that shutting the zoo down should be a last resort. Staff was further directed to develop a statement for Council approval, as part of the budget process, which indicates a commitment of this Council in favor of long-term support of the ZOO. There was discussion r garding additional highway signage promoting the zoo. Brady Cherry noted that he will approach Senator O'Connell and Assemblyman Bordonaro regarding their assistance to gain approval of additional highway signage. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports 14 ill be given, as felt necessary.): S.L.O. County Mayors a3roup - Mayor Johnson announced the joint S.L.O. County city councils meeting scheduled for Thursday, June 5, 1997 at the Cliffs in Shell Beach. Economic Round Table - Mayor Johnson reported that Gregg Goodwin of the County Economic Vitality Corporation made a presentation to the ERT at its April 30th meeting. E. INDIVIDUAL DE ERMINATION AND/OR ACTION: City Council - Councilman Luna conveyed that he feels the City Council should have a back-up plan, given thE fact that Cuesta's selection of a north county site appears to be a done deal. He has bee in discussions with 3 professors at Cal Poly (all Atascadero residents) who deal with long-distance learning and telecommuting. They have consented to form the core of a c mmittee in order to hold Cuesta's feet to the fire in terms of their touting the new campus as a "high-tech" center. The idea is to draft a plan and gain the CC 5/13/97 Page 11 Council's political support toward establishing a long-distance learning facility here in Atascadero. Councilman Luna asked that the City Clerk add Councilman Lerno's suggestion to place some of the developer fees in the zoo fund on the list of Council requests. Councilman Carden expressed he feels the tree removal item on tonight's agenda should have been handled at the Planning Commission. o ncilman Clay asked that the Cuesta College site issue be laced on the next C u Council Y 9 P agenda. Discussion ensued, but there was no consensus to do so. The City Manager was directed to develop another communication, as was previously done, voicing the Council's continuing concerns about the location of the campus. City Clerk: Update on applications submitted for vacancies on commissions/committees and request to schedule interview session Marcia Torgerson referenced the list she provided to the Council indicating applications received for the various committee/commis- sion vacancies being recruited for. It was noted that openings on the Planning Commission and Citizens Transportation Advisory Committee are the most urgent to fill. Consensus was to conduct interviews prior to the next two Council meetings, beginning at 6:00 p.m. Mayor Johnson noted he received a request for the Council to appoint a member to an ad hoc CalTrans committee regarding the work to be done over the next three years on the Cuesta Grade. Councilman Luna offered to serve; by consensus he was appointed to the ad hoc committee. Mayor Johnson noted the Central Coast Commission on Senior Citizens is looking for a citizen representative, and he encouraged the Council to solicit interested persons. The Mayor asked that the City Manager provide a status report from the City Treasurer. F. STATUS OF CITY COUNCIL REFERRALS: 1. Tree Ordinance: Direct staff for agenda date - Steve DeCamp asked for guidance as to what the Council is looking for in terms of a report. After discussion, staff was asked to provide a copy of the tree ordinance to each Council member so as to determine which sections need more close review and possible revision. 2. Economic development incentives [Councilman Carden]- Steve DeCamp recommended that this item be referred to the Economic Round Table and perhaps for discussion with the Economic Vitality Corporation. Consensus was to direct staff to do so. 3. Weed Abatement/Bates Bill - Roy Hanley suggested, given the absence of the Fire Chief, that he be directed to write an opinion to respond to two particular questions asked at the last Council meeting and to allow him to acquire a model ordinance from CDF so it can be compared with the wording in the City's weed abatement ordinance. He expressed the opinion that the City's ordinance is in compliance with the Bates Bill. CC 5/13/97 Page 12 Councilman Luna notec his concern is that the Bates Bill deals with very high fire hazard severity zones, by thestate's definition. There are three such areas in Atascadero, and he believes those citizens need to be made aware. As well, he doesn't understand the re- quirement that people in the City on under 3 acres not in those severe areas are made to mow their entire lot. F a feels there is a problem with over-regulation in Atascadero. Related discussion ensued. Consensus was to direct the City Attorney to write an opinion and bring it back with a copy of the Bates Bill f r comparison, as he requested. THE MEETING ADJOURNED AT 12:25 A.M. MINUTES RECORDED E Y: MARCIA M. TORGERS N, City Clerk PREPARED BY: 0' . x4tZ9_71 CINDY L. HOLTON, Deputy City Clerk CC 5/13/97 Page 13 CITY COUNCIL MINUTES, BI13/97 ExhPagelof - O R n m R To the Rotary Club and City of Atascadero: MAY 141997 I am concerned about the current plan for installing lights around Atascadei o Lke. More review and input from lake/park users and local residents is needed bore CITY OF ATASCADERO completing any additional work on this project: CITY CLERK'S OFFICE Name(print) and Signature Address and Phone# Comments: 7, ;5j4 62.12 �t�I�GO(�c-SNA �.lvW cvocc.c� yoc� GrK�' No4d �- 5 z a 3y22 d ybtoa or ?2 1 c ��ft 1 �D � � 6sao ✓c�L�ol�y�.l�c� rzn /YLrG��> L�13�5C \ 1 6.7 �✓�2/'►� "L ���..� ,�3 �-'�• C-S\ . 9 3 LI 2 Z V3 cx>� c> ��Ct'n b U `c J i ek 1 CAU)C QA D 1 S ^/'U) -�1,� 3S s 5 Co L:-,A 2D A 0 Aq)�Sc CDGeo; C-q;�42Zr JG 1 Tr z o Z' /(lir l C om+ ML 2 t� 1 5�►rn' lQ 00 A10tc0-1'MjgJc #j3 Fze-t �(a��l�� P�'t�.bc'�•e�,v`�v��C�vice;� ,OY�lii b; Page_of CITY COUNCIL MINUTES, 5/13/97 —M+ Exh. "A",Page 2 of 3 u To the Rotary Club an I City of Atascadero: MAY I -41997 I am concerned about the current plan for installing lights around Atascad ake. More review and input from lake/park users and local residents is needed b for CITY OF ATASCADERO completing any additional work on this project: CITY CLERK'S OFFICE Name(print) and Signal ure Address and Phone# Comments: U VE NOT 4 ew c4 /Lm r �.- B-AA I w .. lei G•'AL//Al FElaA4 - 5-a 1-1,51,V4.9 /`{�� r GDcfC,O 6r/✓,t= 2<7���.� 1 ��3�Z� 9�I--�4�7 ,, , �� yogi �s�✓E /�j��, o�: s . L �� 9�3��� 07/ G�� Page—of— CITY COUNCIL MINUTES, 5/13/97 110 1 Q W 2 LS Exh. "A", Page 3 of 3 O L5 l� LS To the Rotary Club and City of Atascadero: MAY 141997 I am concerned about the current plan for installing lights around Atasca eroake. More review and input from lake/park users and local residents is needed )efo[e ITY OF ATASCADERO completing any additional work on this project: 11YCLERK!S0FRCE___W Name(print) and Signature Address and Phone# Comments: l�LGt_v9S3 RLS O [moo bf eS '13( Y3y-1 S-5-5- M JE LVA 5-7;�r/,PNs053 6?vim"A C'pvq�r PAs �����5 �ay�6 � 4;�q'e�f' - - �42 41 - i rod* 17 Page_of_ SENT BY: 5-12-97 11:44 KINKO'S TULSA- 1- 1 805 1234 ;# 3/ 3 I � lAY 1 3 1997 ITY OF ATASCADERO Stephen A LaSalle ET CLERK'S OFFICE 7w Mamhant Ave. CITY COUNCIL MINUTES, 5/13/9 Atmadem CA 93422 r Exh. B May 11 1991 Ataseadero City Coun it Dear Counci Members: This letter is to express my opposition to the installation of lights around Atascadero Lake Park. I have lived close to the lake for twelve years and enjoy the way it is now. Lights would detract from the rural feeling of the neighhood. I am very oppose to the City of Atascadero overspending money on electricity t support this dubious project. When I first moved to Plascadero the night skywas beautiful. The night skywas an additional pleasure which made 'ng in Atascadeo a delight. I have noticed a decline in the quality of the night sky which is dire ctly attributable to lighting. Please do not contribute the decline by approving those lights Sincerely, Stephen P. LaSalle SENT BY: 5-12-97 11:44 KINKO'S TULSA l-.l 805 1234 ;# 2/ 3 RR M EMAY 1 31997 ,,OF ATASCADERO CITY CLERK'S OFFICE May 11, 199I CITY COUNCIL MINUTES, 5/13/9 Exh. "C" Atascadero Clty Council Aiascadero,California Dear Council I am writing in regards to the plans to instal street lighting around the Atascadero Lake. i am very oppose to the Installation of street lights. it will ruin the country feel of the area but most of all the lights wi0 Impact the night sky. There is nothing more wonderful than to look up and see the stars. Thank you for addressing my concerns. Sincerely, "a"" /,-- o ujo-'e'A Barbara K.Schoenike 7505 Marehanl Ave. Alaseadero,CA 93422 CITY COUNCIL MINUTES, 5/L3/97 3057 S. Higuera St. , #155, Exh. "D" San Luis Obispo, CA 93401 . ,8 May 1997 D 0 R Q W 9 To: Atascadero City Council Members IMAY " 9 1997 From: George Highland CITY OFATASCADERO CITY CLERK'S OFFICE Subject: Agenda Item C 2, 5/13/97, Light the Lake project I regret that I am unable to appear tonight and make my opinion known in person. I will be several hundred miles out of state. It is my understanding that the Council has received a request to subject the Rotary 'Light the Lake' project to a new review. I find such request to be difficult to understand. The project came to the City Council roughly two years ago, first as a concept and then as a specific project. The cost was estimated somewhere around $200, 000, all of which is to be raised by the Rotary Club of Atascadero. The purpose of the project is to enhance the use of Atascadero Lake Park and the walking trails around the lake, and to provide additional safety for walkers. The previous Council, of which I was a member, unanimously appr ved the project. Selection of the standards and the light styles was made by a committee from Rotary, in consultation with the Parks and Recreation Commission and the Comunity Services Dept. A number of the lights ara already in place., I cannot understand how a small number of individuals, at this late date, can p ssibly justify a redesign of, or halt to, the project. The project went through the required procedures and was approved by the Council. The project is well designed, is supported by a g eat many residents and will benefit the community. Let u5 not get into a 'Los Osos Sewer' mode with this project. Sincerely, George Highland, Former Mayor & Council member P.S. Although I 11ow live in San Luis, I still own property and a home in the City of Atascadero. CITY COUNCIL MINUTES, 5/13/97 Q M Exh. "E", Page 1 of 2 ! D ly ! D 1/ MAY 13 1997 CITY OF ATASCADERO CITY CLERK'S OFFICE JY- ,.4 y v CITY COUNCIL MINUTES 5/13/97, Exh. "E", p.2 of _ � c 7 � � �"" ✓Ji'2c.G�'-�L .��tG> �aY��i� -fid ��� 7 Ilea �L e., 01 ,r V CITY COUNCIL MINUTES, 5/13/97 Exh. "F" Zoological Society:Note for D.Graham 3-23-97 Charles Paddock Zoo -- 1996 Zoo admissions Children 7, 820 Youth 26, 706 Adults 29, 368 Seniors 2, 534 Zo Society members (all ages) 7, 223 Members from Reciprocating Zoos 981 Total. 74 ,632 Zoological Society of San Luis Obispo County, a Non-Profit Corp 1996 Services and Attendance Record Number served Events Children Adults Birthday Parties 50 534 178 Outreach Programs 45 1, 794 1, 257 Zoo Tours 163 5, 270 1, 207 Special Events 6 900 610 Total 264 8,498 3,242 11,750 persons Other Zoological Society activities Open to the public four hours daily, five days a week, to schedule activities, answer questions, refer callers to the appropriate resources. Maintains a library of zoological and ecological education materials for the use of docents, zoo staff, and the public in organized educational activities Mails six bi-monthly newsletters to all members and boosters, selected media. Plans and provides the training program for zoo docents. One volunteer spends 4-6 hours/month assisting the zoo curator in managing the animal- inventory data base. Two volunteers assist the zoo curator in various activities such as-grant-writing�and publicity. A number of volunteers assist the zoo-keep6rs in mbintak)in tires 6x6ibits, preparing diet, etc. Many volunteers assist the zoo staff by being present atIftz "bruising," to help visitors, answer questions, and monitor safety issues which may need attention by zoo staff. One volunteer serves as "day captain" every week day to schedule activities and coordinate tours. REPORT TO CITY COUNCIL Meeting Date: 8/12/97 CITY OF ATASCAD RO Agenda Item: A-3 Through: Robert . Grogan, Interim City Manager From: Marcia M. Torgerson, City Clerk SUBJECT: Joint Meeting of City Councils of San Luis Obispo County minutes. RECOMMENDATION : Approve the minut s of the Joint Meeting of City Councils of San Luis Obispo County. DISCUSSION: These minutes were prepared by Sharon Jones, City Clerk, City of Pismo Beach. have also included fc r your review a copy of Resolution No. 97-01 that was adopted at this June 5, 1997 meeting (see page 3). Attachments: June 5, 1997 minutes Resolution No. R-97-01 MINUTES SPECIAL JOINT MEETING OF THE CITY COUNCILS OF THE CITIES OF ARROYO GRANDE, ATASCADEROr GROVER BEACH, MORRO BAY, PASO ROHLESj, PISMO -BEACH SAN LUIS OBISPO THURSDAY, JUNE 5, 1997 - 7:00 P.M. CLIFF'S HOTEL, 2757 SHELL BEACH ROAD PISMO BEACH, CALIFORNIA 1. . CALL TO ORDER: The meeting was hosted by the Cities of Arroyo Grande, Grover Beach and Pismo Beach. Mayor John Brown chaired the meeting and called the meeting to order at 7:05 p.m. 2. IlWOCATION: Pastor Ehrhardt Lang, First United Methodist Church, provided the invocation. 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: All Councilmembers were present as follows: A.K. "Pete" Dougall, . City of Arroyo Grande:. Mayor A Council- members Michael Lady, Michael Fuller, Thomas A. Runels and Steve Tolley City of Atascadero: Mayor Ray Johnson, Councilmembers Harold- L. Carden III, George Luna, Jerry L. Clay, Sr. , and Kenneth Lerno City of Grover Beach: Mayor Robert Reed, Councilmembers Dee Santos, Henry E. "Gene" Gates, Peter Keith and Ronald Arnoldsen City of. Morro Bay: Mayor Cathy Novak, Councilmembers Rodger Anderson, Dave Elliott, William Peirce and Janice Peters City of Paso Robles: Mayor Duane J. Picanco, Councilmembers Tom Baron, Walter J. Macklin, Lee Swanson and Christian E. Iversen City of PisM2 Beach: Mayor John C. Brown, Councilmembers Marian Mellow, Hal Halldin, Bill Rabenaldt and Mary Ann Reiss City of San Luis Obispo: Mayor Allen K. Settle, Council- members Bill Roalman, Dave Romero, Kathy Smith and Dodie Williams Minutes of Joint San Luis Obispo County Cities Meeting June 5, 1997 Page 2 City Staff Present: City Manager Robert Hunt, Arroyo Grande; Interim City Manager Robert Grogan, Atascadero; City Manager John Bahorski, Grover Beach; City Manager David Howell, Morro Bay; Interim City Manager James App, Paso Robles; City Manager Michael Fuson, Pismo Be h; City Administrative Officer John Dunn, San Luis Obispo; City Attorney David Hunt, Morro Bay & Pismo Beach; City Clerk Sharon Jones, Pismo Beach 5. L NEMS : Mayor John Brown introduced guests and invited them to speak. David Thompson, Senior Field Representative from the E1 Segundo office for U.S. Senator Barbara Boxer, noted that they have six offices within he State, and the primary responsible office for this area is in Fresno. The Northern California Director is Thomas Bohigian who is in the Fresno office. They are both available to meet directly o Federal issues. Liz Giffin, Field Representative from the Santa Barbara office for Congressman Walter Capps (22nd Congressional District) , noted that Congressman Capps was in Washington DC this evening: She stated that they have three offices, Santa Barbara, San Luis Obispo and Washington DC, ind anyone can meet with her when she is in town. She stated the t if there is ever a need with the Federal government, to please contact their local office. Lorraine uene , Field Representative from the San Luis Obispo office for State Senator Jack O'Connell (18th Senate District) , wished the Cities a productive meeting. She stated that should anyone ever need assistance with State matters to .call her at the San Luis Obispo office, as she does the Senator's calendar for appointments. Rock zierman, Field Representative from the San Luis Obispo office for State Assemblyman Tom Bordanaro (33rd Assembly District) , stated that he is willing to work with anyone on any issue. He noted that Tom was interested in the agenda items regarding tax restoration and PG&E's accelerated depreciation, and will assist where he can. Supervisor Harry Ovi t, San Luis Obispo County Supervisor, asked that he be allowed to speak on specific items as they come up on the agenda. 6. PUBLIC COMMENT PERI (No comments received for items not on the agenda) Minutes of Joint .San Luis Obispo County Cities Meeting June 5, 1997 Page 3 7. ACTION ITEMS: 7-A LEGISLATION REGARDING CITY REVENUE NEEDS AND RESTORATION OF REVENUES TAKEN BY THE STATE (Mayor Allen Settle, San Luis Obispo) Mayor Allen Settle, San Luis Obispo, reviewed the report and resolution in the packet,- beginning on page 7A-1. He stated that this issue is open for discussion and he hoped the cities would support the resolution. He noted that a revised resolution had been handed out this evening that deletes reference to the County of -San Luis Obispo because only the seven cities are voting on the resolution tonight. Brief discussion was held. Mayor Settle made a motion to approve Resolution No. R-97-01 as revised to delete reference to the County. The motion was seconded by Councilmember Williams. PUBLIC COMMENT: Bob Blair, Nipomo Community Services District Director, noted that. money was also taken from the special districts. Harry Ovitt, County Supervisor, was displeased that the County was eliminated from the resolution. He noted that we all have a common cause. He suggested an amendment to the resolution that the County of San Luis Obispo be included. He felt that this would be consistent with what the League of California Cities is doing at the State level to have Cities and Counties become partners. Discussion was held. pave Hunt, City Attorney, clarified . that because this is a joint meeting of the seven cities, technically, . we can't include the County as a voting body. He suggested an alternative to address Supervisor bvitt's.concerns by including all special districts, county and cities. 7-A ACTION(S) : On amended motion of Mayor Settle/Councilmember Williams, Resolution No. R-97-01, a resolution of the seven city councils in the County of San Luis Obispo was .adopted concerning the restoration of property taxes taken away by the State of California from 1992 through 1994, as amended to include all Cities of San Luis Obispo County, all special districts, and the County of San Luis Obispo. Motion passed unanimously by all cities (5-0) , except Paso Robles voted (4-1-0; Councilmember Baron opposed) . The County of San Luis Obispo was encouraged to adopt a similar resolution of the Board of Supervisors. Minutes of Joint San Luis Obispo County Cities Meeting June 5, 1997 Page 4 7-B URBAN RESERVE LIN (Mayor Allen Settle, San Luis Obispo) Mayor Settle, San Luis Obispo, presented report and asked that the cities support the establishment of a subcommittee of city and county represen atives to explore the possibility of a formal agreement with the County to coordinate land use consistencies for unincorporated urban development adjacent to but outside of established city urban reserve lines. Discussion was eld. Mayor Picanco, Paso Robles, didn't feel it would have any impact for Paso. Mayor Johnson, Atascadero, didn't see a problem with looking into it but it may be a mute point for their city. Councilmember Romero, San Luis Obispo, was not in favor of it a dquestioned whether it would be effective. Councilmember H 1ld' , Pismo Beach, felt that this might cause another agency o have control over Pismo's boundary, and he was opposed to it. rther discussion was held. Upon question, Mayor Settle commente that this subcommittee would be advisory only. PUBLIC COMMENT: George Layman, resident of the county, near Arroyo Grande, noted that they can't vote for people in the City but have a County Board member representing them. , He was not in favor of another group making decisions for them. Jerry Dagno, resident of the county since 1984, was strongly opposed to this and urged the cities to vote no. He stated that we already have an agency elected by the voters of SLO County and this is where the decision should stay. Bob Blair, Arroyo Grande, could not support this but was not for urban sprawl ei her. He felt that the people that live in. Nipomo like to live on acreage. ac line eder, ublic , Nipomo farmer, felt that if this subcommittee is formed, the should be welcomed to the meetings to give input, and theperty owners should be listened to. She felt that agriculturse is very important. Diane Hull, sap Luis Obispo, and Chair of the Edna Area Group, stated that the "green belt" proposal that has been discussed in the past was not well received. She was concerned over the City of San Luis Obispo having too much control over the County property owners outside the green belt but along the city limits. She felt it may sacrifice agriculture. She noted that Measure O was turned down by the voters to buy additional land around the city for open space. She reqUested that the Edna Area Group be included in this subcommittee. 1 Minutes of Joint San Luis Obispo County Cities Meeting June 5, 1997 Page 5 Beverly Chapman, Nipomo Community Network, had no formal recommendation from this bodybut, personally, she felt that we already have elected representatives. She felt that being only an advisory body is frustrating. Their group tries to influence decisions also, and she felt that any input at their meetings would be accepted and much appreciated, rather than this proposed advisory body based on cities. Ed Sauer, Nipomo, addressed the constitution and private property rights. He felt that this would put influence over them but they wouldn't have any influence over the cities. Doug Jones, Nipomo Community Services District Manager, stated that their land area takes up a lot of land. He was not for or against this but would like to see special districts included in the subcommittee. Supervisor Ovitt, San Luis Obispo County, didn't want the County eliminated from this subcommittee. He would strongly support cities, county and special districts be represented as well as private property owners. He also didn't want to forget LAFCO. Supervisor Ryan, San Luis Obispo County, felt that this was already being done in every city. He stated that the County has to represent the people outside the city limits. He felt the cities and the County could work together on a city-by-city basis, and he didn't see it as a county-wide issue. Mayor Settle stated that the purpose is to assure land use consistencies, and he felt that this could help promote agriculture preservation. He agreed that community services districts and land owners should be included. Discussion was held among the cities. Mayor Picanco, . had concerned with it. Mayor Johnson, Atascadero, felt that each city's concerns . could be broadly different and had mixed emotions on what this may accomplish. Mayor Dougall, Arroyo Grande, felt it was a city-by- city problem and could be better dealt with. Mayor Reed, Grover Beach, had a problem with another layer of bureaucracy. Mayor Novak, Morro Bay, agreed and felt it was unnecessary. After further discussion, a motion was made by Mayor Settle, seconded by Councilmember Gates, to establish a subcommittee of City representatives, County representatives, Special District representatives, and property owners, to explore the possibility of agreements with the County for land use consistencies with respect to unincorporated urban development adjacent to but outside of established city urban reserve lines. The motion failed on the following roll call votes: Arroyo Grande: unanimously opposed; Minutes of Joint San Luis Obispo County Cities Meeting June 5, 1997 Page 6 Atascadero: 4 ol posed, Councilmember Lerno supported the motion; Grover Beach: 3 )pposed, Councilmembers Gates and Keith supported; Morro Bay: unanimously opposed; Paso Robles: 4 opposed, Councilmember Iversen supported; Pismo Beach 3 supported, Councilmembers I.alldin and Rabenaldt opposed; San Luis Obispo: 3 supported, Councilmembers Roalman and Williams opposed. The motion failed--no fust er actions were brought forward. 7-C PG&E ACCELERATED DEPRECIATION OF DIABLO CANYON (Mayor Novak of Morro Bay introduced County Administrator Robert Hendrix to make a presentation) For the record, at 8:20 p.m. Councilmember Carden, Atascadero, stepped down for item 7-C due to a possible conflict of interest. At 8:35 p.m. Councilmembers Iversen and Baron and Mayor Picanco, Paso Robles also stepped down due to a possible conflict of interest. Bob Hendrix, County Administrator, reviewed a resolution concerning support of San Luis Obispo County and San Luis Coastal Schools efforts to obtain relief from the damaging loss of property tax revenue as an unintended consequence of electric utility• restructuring in California. He asked that each city take the resolution back to their city council to discuss and act on it at a later time. He further reviewed the negative effects that electric utility restructuring will have on our county. He noted that this area Will be effected greatly--$61.2 million will be lost over the remaining life of the nuclear plant. They have been working with the PUC, the local legislature and at the national level to try to get some relief. He urged every city's support of this resolution. He noted that this effects our county more than any other county in the State. For the record, at 8:35 p.m. Councilmembers Iverson, Baron and Mayor Picanco of Paso Robles stepped down from voting on this matter due to a possible conflict of interest. Mayor Novak, Mo ro Bay, stated that she would like to adopt this tonight. Discu sion was held. Mayor Settle motioned to approve the proposed r solution (No. R-97-02) ; motion was seconded by Councilmember G tes. Further discussion was held. Mayor Brown, Pismo Beach, felt that we should accept this for information purposes and send it back to each city council for action. PUBLIC COMMENT: Minutes of Joint San Luis Obispo County Cities Meeting June 5, 1997 Page 7 Bill Crockett, Arroyo Grande, Manager at Diablo Canyon Nuclear Power Plant, felt that deregulation was a great law. It will help the customers. He noted that there are different parts of this bill. This bill requires P.G.& E. to divest, allowing them to accelerate depreciation of the outstanding construction costs at Diablo. He felt that it had a lot of benefits. He stated that beginning this coming January, customers in California will have a choice to get electricity from suppliers. P.G.& E. rates will be reduced 10 percent for residents. He noted that there will be a $8.5 million savings per year for the residents in this county. He felt that we needed to look at the bigger picture and look at the total revenue that comes to this county. He felt that the County should be encouraged to continue to work with P.G.& E. to look for a legislative solution to this. They do not agree with the figures. that the County mentioned. He noted that the formula-to determine taxes will expire, and we don't know what the tax base will be. 7-C ACTION(S): After further discussion and on motion of Mayor Novak/Councilmember Santos, to have each city take a look at this resolution regarding loss of property tax revenue due to electric utility restructuring in California as soon as possible, and if in favor, approve it and pass a copy onto the Governor and Legislature. Motion passed unanimously by Arroyo Grande, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo (5-0) ; Atascadero motion passed (4-0-1, -Councilmember Carden stepped down) ; Paso Robles motion passed (4-0-1, Councilmember Iverson stepped down) . For the record, Mayor Picanco, Paso Robles, stated that they did not have a conflict on this item. Recess was held from 8:55 p.m. to 9:15 p.m. 7-D COUNTY WIDE SALES TAX (Mayor Reed of Grover Beach introduced City Manager John Bahorski to make presentation) John Bahorski, Grover Beach City Manager, reviewed the. agenda report. He referenced page 7-D-5 concerning alternatives. Discussion was held. Mayor Reed, Grover Beach, commented that this would only be an -advisory group. He hoped that every city would consider it. Mayor Novak, Morro Bay, did not want to limit ourselves to just a sales tax measure. She mentioned the possibility of a gas tax. Further discussion was held. Mayor Reed commented that we should limit this to transportation issues. Mayor Dougall, Arroyo Grande, felt that along with discussing options, we should review how we're spending the money that we get now. He felt that we were taxed enough. We also need to look at who will control this money. Councilmember Filler, Arroyo Grande, asked how the funds would be distributed and who would control the process. Councilmember Lady, 1" Minutes of Joint San Luis Obispo County Cities Meeting June 5, 1997 Page 8 Arroyo Grande, concurred with the Mayor. Mayor Johnson,. Atascadero, noted that they have a funding shortfall for roads in their city. He felt we should consider looking broader at all alternatives. lie had some suggestions for ways to reword the resolution. He had concerns with the distribution of the tax; however, he was n favor of forming a subcommittee. Councilmember Luna, Atascadero requested the resolution be modified to evaluate all alternatives Councilmember Carden, Atascadero, concurred but also requested t e distribution look at a mix of sales tax, point of sale, popula on and road miles. Mayor Picanco, Paso Robles, supported . a subcommittee to evaluate this but he also had some concerns about another tax. He was also concerned with the sales tax distribution Councilmember Macklin, Paso Robles, felt that it should be distributed as "point of need" and regional significance. Councilmember Baron stated that we should try to get back the one cent from the State. He felt this would help us more. We don't need more taxes on our people. Supervisor Harry Ovitt, County of San Luis Obispo felt the subcommittee should look at all the options of funding in terms of distribution and look at the political ramif'cations of getting a ballot measure passed. supervisor M' e R a , County of San Luis Obispo, felt this subcommittee sho ld go forward, assess all options and include the County. Cou ci member abena d , Pismo Beach, did not want to touch the transi nt occupancy tax (TOT) . This tax is very sacred. Councilmember H lldi , Pismo Beach, felt another way would be to have assessment districts. They have worked in Pismo. Mayor Picanco, Paso Robles, did not support an additional tax. He felt that we will chai ge ourselves into an economic downturn. Council- member Mellow, Fismo Beach, felt that a sales tax may not be the only way or the est way. We have to consider other sources. She agreed that getting back the one cent from the State would be the most desirable. Councilmember Gates, Grover Beach, stated that he did not support .1/2 cent sales tax. He felt that the best way to get the money a need is on our own. He also felt that the Governor may decide to take any additional taxes too. Council ember noldsen, Grover Beach, felt that TOT is another viable option to review. Councilmember Keith felt it was worth exploring even though he was fundamentally opposed to additional taxes. If our constituents decide that they want to take on an additional tax, then that's what they'll do. Mayor Reed commented that assessment districts are not feasible any more due to Prop. 218. He suggested some changes to the proposed resolution to address broader transportation issues. Councilmember Romero, San Luis Obispo, felt that every city needs more money, and we need to look at every option. He also had some rewording for the resolution. Mayor Settle, San Luis Obispo, felt we needed to clarify distribution of the tax and do this before it goes to the voters. Councilmember Roalman, San Luis Obispo, referenced page 7- D-8 of the packet. He felt that one approach would be to put the 1 Minutes of Joint San Luis Obispo County Cities Meeting June 5, 1997 Page 9 tax revenue generated into the general fund to be used for roads because a special tax takes a two-thirds vote. Councilmember Williams, San Luis Obispo, was willing to support a subcommittee. She was less inclined to support a general tax and felt that it should be a special tax. The distribution is a major issue. Further discussion was held. Mayor Novak, Morro Bay, supports formation of a committee to explore all options. Councilmember Peirce, Morro Bay, agreed with Peter Keith to ask the general public at the ballot. He also noted we need to educate the people, and it must be done at the County level. Councilmembers Anderson. Peters and Elliot concurred. Mayor Brown referenced the numbers on page 7-D-8. He noted that millions are needed to improve the streets and roads, and it's a serious problem. PUBLIC COMMENT: J. Frederick, Nipomo, felt the cause was important and had no objection to paying taxes. However, he would support the Mayor of Arroyo Grande's suggestion to seriously look at how you're spending your current dollars. Jerry Dagna, San Luis Obispo, felt that we would have a hard time convincing people to approve this in San Luis Obispo. He noted there is no doubt that the money is needed but the City builds bike lanes instead of repairing the roads. Bob Rose, concurred with some of the comments made regarding no more taxes. He noted that 43 percent of the people live in the County. He felt that a general tax was doomed to failure. He felt that the only tax that might pass would be a special tax but it has to have a sunset clause, not beyond five years. a Bob Blair, Arroyo Grande, was opposed to a gas tax. He stated that cities are already getting. the license share of DMV fees. He felt that too much money was spent on studies, and it should be put into asphalt. Diane Hull, resident of San Luis Obispo, stated that first, taxes were for roads--let's make them a priority in each budget. The roads should be right along with public safety. Let the taxpayers decide if they want to be taxed for non-necessities. She suggested looking into consolidating deferred maintenance into one bond issue to allow everyone to get current with a plan to stay current with maintenance. Minutes of Joint San Luis Obispo County Cities Meeting June 5, 1997 Page 10 Ed Sauer, Arroyc Grande, felt that we used to have the best roads in California b t the money got lost and the roads went to pot. George Layman, County resident, stated that every year property tax goes up and every year they take money from the engineering department. He felt the most important things in our cities were police, fire and roads. He felt it was time that the cities starting spending its money properly and go back to privatizing some things. Clifford Smith, Atascadero, felt that the public is saying that you need to look internally at the efficiency of your operations before you raise new taxes. He questioned the standards for general road maintenance. B. Chapman, Ni omo, stated that she would be in favor of any committee that would want to go to the State to get us back our taxes but she felt that it was a losing battle. George Kile, Arroyo Grande, felt we should do a time study on some of the personne . He would like to eliminate the bureaucracy by cutting on the top and the bottom. Ron DeCarli, Director of SLOCOG, stated that SLOCOG just completed a Street & Road Maintenance Needs Study showing a backlog of transportation reeds county wide totaling $52 to 140 million. This study helps to document the problem. We really need to look at all options. He oted future State and Federal funding is very limited. He no ed preliminary results from a public opinion poll showed up to 60 public support for a 1/2 cent sales tax increase for street and oad maintenance. He would like to see a steering committee developed to address the problem and look at funding solutions. Brief discussion was held. Upon question regarding SB 325 concerning nmet transit needs, he stated that currently there is $5.5 million per year--45 percent is going to streets and roads ` and the balance goes to public transit. 7-D ACTION(S) : After further discussion and on motion of Mayor Novak Ma or Ree , to form a subcommittee with a representative from the City Council and/or City Manager of each SLO County City, a member of the County Board of Supervisors, a representative from the County Administrator's Office and a member of SLOCOG staff to explore funding sources for needed road maintenance and rehabilitation. The subcommittee would be expected to present a recommendation within six months or by the next 7 Cities Meeting. Motion passed unanimously by Arroyo Grande, Atascadero, Morro Bay, Pismo Beach and San Luis Obispo (5-0) ; Paso Robles voted (4-0-1, Minutes of Joint San Luis Obispo County Cities Meeting June 5, 1997 Page 11 Councilmember Iversen absent) and Grover Beach voted (4-1-0, Councilmember Arnoldsen opposed). 8-A PIIBLIC-EDUCATION-GOVERNMENT (PEG) ACCESS ON CABLE TV (Mayor Novak, Morro Bay, introduced Jeannie Burlingame) Jeannie Burlingame, Morro Bay, addressed PEG access on Cable TV. She stated that Cities and the County would contract for management of PEG access channels. For Morro Bay, it's $100,000 for funding and this is not economically feasible. She handed out some flyers from Estero Community Access and a Conceptual Model for San Luis Obispo County-wide PEG Access as information. Harvey Levenson, Consortium member, felt that this was a "quality of life" issue. It's information for the community about the community. He stated that if you support it, it will happen. He asked for support of the concept at least. Jeannie.Burlingame asked cities to discuss the regional program and whether you support a regional PEG. She would like to see support for the .consortium and set up a meeting in July. She would like to have support of a draft MOU to get it going. Brief discussion was held. PIIBLIC COMMENT: Ellen Sterts, County Grant Administrator, stated that they are not allowed to put additional tax on small satellite dishes or the wireless systems. cities to allow this to Christopher Cocoroccio urged thehappen. He is currently working on a film to support the community. He felt that problems needed to be addressed through communication. He noted that there are 950 stations within the country., and PEG is a tool to help the community. He will be traveling to Washington D.C. next to gain support for this and if anyone has something to send along, to let him know. No action was taken on item 8-A--received as information only. 8-B E.V.C. - ECONOMIC VITALITY CORPORATION (Mayor Novak, Morro Bay, introduced Dr. Susan Cotler, Economic Vitality Corporation Chairperson Dr. Susan Cotler, Chair of the EVC Board of Directors, gave a brief overview of the function of EVC and gave a progress report. She reviewed their mission statement. She addressed revolving loans through CDBG funds. They do business attractions, regional Minutes of Joint San Luis Obispo County Cities Meeting June 5, 1997 Page 12 planning, i.e. a onomic development. She noted that cities get an excellent product for a low-cost fee. She stated that they have recently worked with the City of Grover Beach. She urged participation in the EVC through having a representative from each city. There are six to eight participating currently. She noted that the City Managers have a package of materials highlighting the EVC. She went through the material. Discussion was held. No action was taken on item 8-B--received as information only. 8-C AB 939 WASTE DIVERSION GOALS (Mayor Brown, Pismo Beach, introduced Mr. William Worrell, Manager of the Integrated Waste Management Authority "IWMA") Bill Worrell, IV addressed AB 939, California Integrated Waste Management Act ( L989) and reviewed a handout. Brief discussion was held. He noted that a resolution will be coming to each City to consider. No action was taken on item 8-C--received as information only. 9. ADJOURNMENT: There being no further business to come before the Cities, mayor John Brown adjo rned the meeting at 11:10 p.m. Respectfully submitted, Sharon Jones, City Clerk City of Pismo Beach l RESOLUTION NO. 97-01 RESOLUTION OF THE SEVEN CITY COUNCILS IN THE COUNTY OF SAN LUIS OBISPO CONCERNING THE RESTORATION OF PROPERTY TAXES TAKEN AWAY BY THE STATE OF CALIFORNIA FROM 1992 THROUGH 1994 WHEREAS, the property tax has been the principal support for local government finance in California since the creation of the State of California in 1850; and WHEREAS, the State of California, under the home rule concept, has historically left the property tax to California local governments to accomplish their responsibilities; and WHEREAS, the severe State recession of 1991 to 1994,and the shortage of State revenues, caused the State to solve their own financial problems by taking away property tax and other revenues from the cities and counties of California; and WHEREAS, these actions, combined with the recession itself,caused severe financial hardship among the cities and counties of California; and WHEREAS, on November of 1996 Proposition 218 was approved by the voters of the State of California which severely restricts the ability of local governments in California to raise necessary revenues; and WHEREAS, most cities and counties do not have the revenue necessary to continue current operations, fund an adequate capital facility budget,properly maintain streets and utility infrastructure, and set aside an adequate reserve level for emergencies and contingencies. WHEREAS, the Governor's recent proposal"to return$100 million to local government" is a very inadequate attempt to restore lost property taxes, and should be rejected for its inadequacy; NOW, THEREFORE, BE IT RESOLVED by the Councils of the seven cities of the County that restoration of previously lost property tax will assist the local governments of California in meeting their public service obligations to their citizens. BE IT FURTHER RESOLVED that the local governments in the State of California are the level of government closest to the people and, therefore, most attuned to their needs, and that creating jobs through local economic development efforts is necessary both for the communities of California as well as to the State itself. Joint City's Resolution No. 97-01 Page 2 THEREFORE, 3E IT FINALLY RESOLVED that local governments of San Luis Obispo County, includ'ag the Cities of San Luis Obispo County, all special districts, and the County of San Luis Ob spo urge our legislators and the Governor of the State of California to restore previously-taken-away property tax revenues to the local governments of California. PASSED AND ADOPTED by the City Councils of the Cities of San Luis Obispo County at a special joint meeti g held on the 5"day of June, 19A7. —A Ma or, City of Arroyo G de ATTEST: City Clerk / Jl Mayor, Cit of A scadero ATTEST: NA City Clerk Mayor, City of Grover Beach A EST: 1 4 _ City Clerk 1'� Mayor, City Morro Bay ATTEST: City Clerk Ma or, City of Paso Robles ATTEST: City Clerk Joint City's Resolution No. 97-01 Page 3 yor, City of P' o Beach ATT ty Clerk Mayor, City of gan Luis Obispo ATTEST: City Clerk j Item #A-4 Meeting Date: 8/12/97 ATASCADERO CITY COUNCIL 7/8/97 MINUTES 6:30 P.M. - CLOSEDSESSION: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Sec. 54956.9 and 54957 et eq) Names of cases: Ramirez v. Atascadero; McHale v. Atascadero; Greene v. Atascadero 2. CONFERENCE ITH REAL PROPERTY NEGOTIATOR (G.C. Sec. 54956.8) Property: 908111 Morro Road, Atascadero Negotiating parties: City of Atascadero and Jim & Audrey Hensley Under negotiation: Consideration of sale or trade of City-owned property for private propert adjacent to park land Property: Parc(I Map 16-86, Parcels 1,2,3 & 4, APN No.#029-105-023 Negotiating parties: City of Atascadero and Nellie Kennedy Under negotiati n: Consideration of sale or trade of City-owned property for private propertV adjacent to park land 3. CONFERENCE WITH LABOR NEGOTIATOR (G.C. Sec. 54957.6) Agency negotii1TH or: Roy Hanley Employee orgazations: Mid-Management/Professional, Atascadero Fire Captains, Atascadero Firghters, Service Employees Intl. Union Local 620 4. CONFERENCE LEGAL COUNSEL - CITY MANAGER RECRUITMENT (G.C. Sec. 54957) Mayor Johnson adjourned the Closed Session meeting at 7:15 p.m. to be continued at the end of the Regular Session. 7:00 P.M. - REGULARSESSION: Mayor Johnson called he meeting to order at 7:17 p.m. The pledge of allegiance was led by Mayor Johnson. ROLL CALL: Present C uncilmembers Carden, Clay, Lerno, Luna and Mayor Johnson Others Present: M 3rcia M. Torgerson, City Clerk Staff Present: Robert Grogan, Interim City Manager; Art Montandon, Assistant City A torney; Bill Watton, Acting Police Chief; Mike McCain, Fire Chief; St3ve DeCamp, Acting Community Development Director; Brady Cherry, Community Services Director; Valerie Humphrey, Staff A sistant. 3 COUNCIL COMMENTS Councilman Luna wanted to remind everyone that the public hearing for the Salinas Dam expansion is tomorrow, July 9, 1997. Councilman Carden announced that he has tickets for the Atascadero Wine Festival which is a benefit for the Charles Paddock Zoo. Councilman Clay, announced that at the next Council meeting (7/22/97) Ken Weathers and Bob Roos who will give a demonstration concerning the Salinas Dam expansion. Mayor Johnson announced that the Mayor of Paso Robles is requesting a North County Council meeting on Thursday, July 17, 1997 at 7:00 p.m. in the Library Conference Center in Paso Robles concerning the Salinas Dam expansion. Both Councilman Luna and Mayor Johnson stated that they will be out of town. Councilmembers Carden, Clay and Lerno stated they would be able to attend. Since there will be a quorum, Mayor Johnson asked the City Clerk to remind him to adjourn this meeting to the North County Council meeting, scheduled on Thursday, July 17, 1997 in Paso Robles. COMMUNITY FORUM Carol Nelson Selby, 8398 Alta Vista, Atascadero Youth Task Force, stated that she attends the Youth Task Force as the coordinator of the Peer Court. She wanted to make Council aware of the Task Force and its services (see Attachment A). She explained that it is a volunteer collaborative, coordinating activities and opportunities for the youth in Atascadero. She thanked Councilman Clay for attending their meetings and announced that their meetings are the first Tuesday of the month at 7:00 a.m. at the Youth Center. Councilman Carden stated that he used to be the City's official representative on the Atascadero Youth Task Force but has been unable to attend. Since Councilman Clay already attends, he would like to recommend that the Mayor appoint him. Mayor Johnson appointed Councilman Clay as the Council's official representative to the Atascadero Youth Task Force. MiMi Nash, 8360 Prado Lane, Project Manager for the Family Preservation Grant, explained how the program will evolve. She also shared that they have been distributing a questionnaire in Atascadero to help identify what activities, resources and services most youth and adults most want and need. She went on to explain their proposed programs which include low-cost counseling, activities, jobs and mentoring programs. Mayor Johnson asked that Ms. Nash forward a summary of their survey to the City of Atascadero. Councilman Carden commented that this is the grant that the two young gentlemen were referring to when they approached the Council about bicycles. He asked that the City Clerk contact them and let them know that it is the Youth Task Force that they need to address. Cheryl McGauley, 5780 Aquila, Atascadero Youth Task Force, stated that she supports previous speakers' comments. She is also a child advocate with the District Attorney's Office. She expressed her feeling that youth violence is a symptom of youth problems. CC 07/08/97 Page 2 Allan Thomas, 9520 archant Way,,commented on the lake lighting project. He thanked the Council for putting this item on their past agenda. He stated that he realizes that the Council took some criticism for doing so, but he thinks it was the right thing to do. He also shared that BradN Cherry has been working very hard to solve the problems within this issue. He wanted to encourage the City to continue to monitor this project and consider alternatives. Mr. Thomas expressed his feeling that the Rotary could be more flexible on this issue. He asked for an update on the progress of the lighting projects. Mr. Cherry responded thal he feels they have reached a stalemate. He went on to make a suggestion that the hc meowners be asked to chose where the lights would go on Marchant Way as lonC as they are between 130-145 feet apart. Mayor Johnson asked Mr. Cherry to see him off-line about setting up a meeting with the Rotary. --end of Community F rum-- A. CONSENT CALENDAR: 1. CITY TREASURER'S REPORT - May, 1997 [Rudy Hernandez] (City Treasurers recommendation: Review & accept) 2. PAYMENT OF AUDITED BILLS & PAYROLL - May, 1997 [Rachel% Rickard] (Staff recommendation: Approve) 3. ANNUAL ASSESSMENT CHARGES FOR STREET MAINTENANCE DISTRICTS [Brady Cherry] (Staff recommendation: Adopt) A. Resolution No. 50-97 - Aguila Ave. (Maint. Dist. #86-3) B. Resoluti n No. 51-97 - Cayucos Ave. (Maint. Dist. #86-4) C. Resoluti n No. 52-97 - Falda Ave. (Maint. Dist. #86-1) D. Resoluti)n No. 53-97 - Lobos Ave. (Maint. Dist. #83-1) E. Resoluti 3n No. 54-97 - Maleza Ave. (Maint. Dist. #83-3) F. Resoluti n No. 55-97 - Pinal/Escarpa Aves. (Maint. Dist. 86-2) G. Resoluti n No. 56-97 - Sonora/Pinal Aves. (Maint. Dist. 83-2) H. Resoluti n No. 58-97 - San Fernando Rd. (Maint. Dist. 84-1) 4. RESOLUTION O. 57-97 - Designating a no parking zone on the west side of Ramona Road t eginning at the intersection with Del Rio Road and continuing 250' to the south [ rady Cherry] (Traffic Commi tee/Staff recommendation: Adopt) 5. RESOLUTION O. 60-97 - Designating a 30-minute parking zone on the north side of Atascadero Mall at the Chamber of Commerce office [Brady Cherry] (Traffic Committee/Staff recommendation: Adopt) 6. RESOLUTION h O. 61-97 - Establishing a crosswalk at the intersection of Atas- cadero Avenue and Atascadero Mall [Brady Cherry] (Traffic Committee/Staff recommendation: Adopt) 7. FINAL TRACT AP 96013, 3425/3505 EL CAMINO REAL -Consideration of final tract map to subdivide two (2) lots, 8.94 acres total, into eight (8) lots of approximately one acre each for single family residential use (Verheyen/Nort n/Sholders Surveys) [Steve DeCamp] (Planning Commission/Staff recommendation: Accept) CC 07/08/97 Page 3 i Mayor Johnson announced that there was some confusion among some citizens based on what they read in the newspaper concerning the annual assessment charges for street maintenance districts. He explained that these charges are not new charges; this is an annual procedure. Mayor Johnson abstained from voting on Item A-7 because Norton Construction is a client. NO PUBLIC COMMENT MOTION: By Councilman Luna and seconded by Councilman Clay to approve Items A-1, 2, 3, 4, 5, 6 and 7. Motion passed 5.0 by a roll call vote (Item A-7 passed 4:0 with Mayor Johnson abstained). B. PUBLIC HEARINGS: 1. HEARING OF PROTESTS REGARDING PLACING SANITATION CHARGES ON THE 1997/98 PROPERTY TAXES [Brady Cherry] A. Resolution No. 59-97 - Adopting sanitation service charges to be added to the 1997/98 Property Tax bills [Valerie Humphrey] [Staff recommendation: Adopt] Brady Cherry introduced Valerie Humphrey, Staff Assistant, who gave a brief staff report. She explained that this is an annual public hearing is required to allow an opportunity for Council to receive protest from property owners regarding the placing of the sewer service charges on the property tax bills. Ms. Humphrey answered questions of the Council PUBLIC COMMENT Mary Jazwiecki, P.O. Box 547, voiced her objection of the placement of these charges on her property tax bill and the past increases. --end of public testimony— MOTION: By Councilman Luna and seconded by Councilman Carden to adopt Resolution No. 59-97. Motion passed 5.0 by a roll-call vote. C. REGULAR BUSINESS: No scheduled items. D. COMMITTEE REPORTS County Water Advisory Board/Nacimiento Water Purveyors Advisory Group Councilman Clay reported that they had an informal meeting as they did not have a quorum. He explained that there are some large corporations downstream, in Monterey County, that have filed a lawsuit concerning the Nacimiento water. North County Council Mayor Johnson reported that they will be meeting on July 17, 1997 to discuss the Salinas Reservoir Expansion Project. CC 07/08/97 Page 4 Integrated Waste Management Authority Councilman Luria reported that they meet tomorrow. He explained that our AB939 has dropped from 53% to 45%. He stated he will find out and report to Council. Also on their agenda is a proposal to get multi-family districts involved in recycling. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Councilman Ca den asked Mr. DeCamp for a list of contractors that were polled for up-front fees f r engineering plan checks and asked is it mandatory up-front payment or can they go through what our process used to be. Mr. DeCamp responded that the system we have had in place for one month is not optional. It is something that the Ad Hoc Development Review Committee(Richard Shannon, Dave Bewley, 'Steve Boneso and Bob Fisher) had suggested to us when that committee met several years ago. He explained the Council at the time desired some type of plan-check deposit. Mr. DeCamp stated that if the actual charges are less than the fee paid, a refund is issued. Councilman Clay expressed appreciation for the Atascadero Youth Task Force representatives coming to the meeting and informing the Council. Mayor Johnson adjourned the Regular Session at 8:17 p.m. to Closed Session in the City Manager's office. There was no action taken in Closed Session and Mayor Johnson adjourned the Closed Session at 11:33 p.m. to a Continued Closed Session meeting on Wednesday, July 16, 1997 at 4:00 p.m. in the City Manager's office. That meeting will be adjourned to the North County Couri cil Meeting, Thursday, July 17, 1997 at 7:00 p.m. at the Library Conference Center in Paso Robles. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerson, City Clerk ATTACHMENTS: Exhibit A - Atascadero Youth Task Force CC 07/08/97 Page 5 ATASCADERO YOUTH TASK FORCE Vision: A community committed to youth so that youth can be committed to the community Mission Statement: The Atascadero Youth Task Force recognizes the inherent capabilities of the community to provide service and support to youth. The Atascadero Youth Task Force will strive to facilitate open communication and develop ways to empower the community to identify issues and create opportunities and solutions. Goals for 1997 - 1998 Locate and/or develop the resources to implement the AYTF's mission. Identify and respond to health and safety issues that affect youth. Enhance the public perception of the positive role of youth in our community. Cultivate youth involvement in the community. Influence decision making that affects youth. Membership: The Atarca eroYout Task Force meets: on the first Tuesday of each month at 7.00 a.m. in the Atascadero Youth Center (Masonle/Printery Building). The Task Force is made up of community members representing the City of Atascadero, Ataseadero Unified School District, Atascadero Police Department, Atascadero Community Services, = County Drug&Alcohol Services, FOC, San Luis Obispo Prevention Alliance, CW, Atascadero Recreation Center Committee (ARCO), The Peer Court in Atascadero, Atascadero Chamber of Commerce and private citizens committed to the Task Force's mission and goals. Membership is open to anyone who shares the mission and goals of the Task Force. A copy of the Task Force Bylaws is available upon request. 19974998 Priorities: The Task Force is in the process of establishing objectives and priorities to accomplish its goals. Your input is welcomed. FAMILY PRE ER''VATION AND SUPPORT PROJECT Grant name and sour e: Family Preservation and Support Project Children's Services Network Supporting agencies: Atascadero Youth Task Force Mission statement: Formal statement to be developed. Working statement: Design a program to benefit families and youth. Original goals: Identify specific local areas of need and assess existing resources to meet them. Use information collected to develop appropriate targets/outcomes. Formulate a program that responds to information acquired during the assessment phase. Consider issues of sustainability so that the benefits continue after funding ends. Participate in the evaluation and documentation effort of the Children's Services Network. Activities: Information has been collected through personal interviews, through distribution of needs- assessment questionnaires, and by direct observation of on-going programs for youth. Number of youth se ed: None as yet. Overall objective for 1997-9$: To design and implement a systemic service delivery reform program, in collaboration with existing resources, which will provide families and youth easier access to private and public services. Current needs: None as yet. t Mommy and Me Project FUNDING This project is funded by a Center for Substance Abuse Prevention (CSAP)grant, administered through the San Luis Obispo County Drug and Alcohol Services and the San Luis Obispo Prevention Alliance(SLOPA). The budget for the project is $1,170. MISSION To address many of the problems facing pregnant and parenting teens that are known correlates of ATOD abuse, including: .isolation .loss of a social network .lack of transportation .lack of parenting and coping skills .subsequent pregnancies .dropping out of high school GOALS 1. Provide a support network and social bonds for the participants. 2. Increase awareness about ATOD abuse and its correlates with child abuse and maternal and infant health issues among participants. 3. Increase awareness of DUI issues. 4. Increase community support to ensure sustainability of this program through community outreach. SUPPORT AGENCIES Many individuals and agencies play a role in this project, including: AUSD local media AAUP youth SLO County Drug and Alcohol Services SLO County Health Services EOC Health Services/TAPP UC Berkeley Cooperative Extension City of Atascadero Recreation Dept. ' , FUTURE PLANS Feedback from participants shows the project to be very effective. The currant grant funding is through September 1997 and plans are to continue as long as funding permits. A collaboration with Mentor Alliance is desired so that each participant will have an opportunity to work with an additional caring adult. CUW,NT NEEDS Needs are for additional mentoring, help with child care, and assistance with transportation for the participants. t Atascadero Youth Recreation Center Funding Source: The City of Atascadero funds the maintenance and operation of Atascadero Youth Recreation Center. The Ci receives it's funds from rental fees paid by Atascadero Youth Recreation Center tei iants. The City of Atascadero also has received Community Development Block Grant Funds in excess of$100,000.00 toward the renovation of the Atascadero Youth Recreation Center building. The Atascadero Recreation Center Committee has pledged to commit $500,000 toward the renovation. Supporting_Agencies: City of Atascadero, Atasca ro Recreation Center Committee and the Atascadero Youth Task Force. Mission Statement: The Atascadero Youth Recr ation Center is intended to provide a safe, affordable, supervised location youth and adult recreational activities. Ah final Goals: To provide an location for a Teen Center. Alternatives: Due to the un-reinforced n ture of the Atascadero Youth Recreation Center building, the City of Atascadero has imited the use of the building for youth activities until after significant seismic improvements are completed. Some limited programming has been allowed, particule rly, the pre-existing tenants and the Friday Variety Night Program. Number of youth served: Attendance statistics have of been kept on the existing Goals for 1997/98: k 1. Continue to raise fur d for the necessary building improvements 2. Complete the CDBG unded first phase of the Electrical Renovation Project. 3. Complete the CDBG unded Asbestos Removal Project 4. Work with local groups and businesses to make minor capitol improvements 5. Maintain rental revenues to offset building maintenance costs Currents Needs: 1. Funds for the renova on costs Assistance with building and landscape maintenance Volunteers for the Fr.day Variety Night Program t TITLE: Atascadero Skate Park Funding Source: The Atascadero Recreation Center Committee provided the funds to build the Skate Park and continues to provide funding for the upkeep and maintenance of the facility. ARCC secured its fund through a Skate Park Sub-committee that conducted a variety of fund-raising efforts. Significant contributions to the Skate Park campaign came from the Atascadero Teachers Association, The SLO Co. Cement Masons Union and a variety of local Contractors. The City of Atascadero funds the supervision and operation of the Skate Park and receives a majority of it's funds from fees paid by the skaters. Several significant contributors have provide funds to provide free skating. These contributors include, Councilman George Luna, Senior Citizens United and Amigos de los Ninos. Supportina Agencies: City of Atascadero, Atascadero Recreation Center Committee, Atascadero Mwanis, North County Connection and the Atascadero Youth Task Force. Mission Statement: The Atascadero Skate Park is intended to provide a safe, affordable, supervised self- sustaining, alternative skating location for skateboarders and aggressive in-line skaters after school, week-ends and school holidays. Original Goals: To provide an alternative skating location with challenging ramps and obstacles for skateboarders and aggressive in-line skaters after school, week-ends and school holidays at no direct cost to the City of Atascadero. Alternatives: Due to the significant maintenance required on the wooden ramps, and the requests by the skaters, the installation of some concrete ramps has been proposed. A permanent unsupervised Skate Park has been discussed but due to cost and lack of an obvious location this idea is unlikely in the near future. Number of,youth served: First year operations statistic: Total Attendance- 3,762 Average Daily Attendance- 21 Total registered- over 400 Goals for 1997/98: 1. Complete landscaping around the Skate Park 2. Rebuild all wooden ramps 3. Provide at least two competition opportunities 4. Install one concrete ramp 5. Increase revenue to cover all staff costs 6. Remove stigma of the Jr. High fight location Currents Needs: 1. Adult Construction Committee 2. Adult Volunteers for supervision t PROJECT TITLE: THEPEER COURT in ATASCADERO CURRENT FUNDING: U.S. Dept of Justice grant to Atascadero Police Department SUPPORTING AGENCIE : Atascadero Police Department, Atascadero Unified School District, City of Atascadero, San Luis Obispo County Probation Department, San Luis Obispo County District Attorneys Office, The Municipal and Superior Courts in and for San Luis Obispo County MISSION STATEMENT: The Peer Court in Atascadero is both a juvenile diversion project and an instructional effort. The Peer Court endeavors to educate local teens who are first time offenders and their non-offending peers about the relationship between the political process and the legal system so that, as adults, they can understand the need for a rule of law, can participate in the process of making and changing laws and can live within the rule of law. ACTIVITIES: The Peer Court conducts sentencing hearings on a monthly basis in which teenagers, some of whom are volunteers and some of whom are serving as a term of probation, determine the conditions to be imposed upon teenaged first-time offenders who seek to be diverted from the Juvenile Justice system. These hearings are presided over by a Judge of the Superior Court. Student attorneys, student clerks and a student bailiff are supervised by mentor attorneys from the local bar. Once placed on diversion, the offenders are monitored for compliance and terms such as community service are supervised by volunteers from the community, mentors provided by the program and/or participating agencies. Family needs are assessed and an effort is made to educate family members regarding resources available in the community. The Peer Court presents an interactive curriculum at the sophomore level in which students learn about both the political process and the legal ` system. This unit includes extensive use of speakers from agencies and the community to tie abstract concepts to the"real world". STUDENTS SERVED: Since the end of 1994, the Peer Court has conducted forty-five hearings. Approximately 400 students have participated in the program. CONTACT: Carol J. Nelson-Selby, Coordinator(805) 461-5069 Lt. William Watton, Atascadero Police Dept. 461-5051 CURRENT NEEDS: Ongoing funding. Attorney and community service supervisors. Interim coordinator for 1997/98 (I will be on an academic exchange in Australia 12/97-12/98). GRANT PROJECT 1996 ATASCADERO YOUTH TASK FORCE DIANA BISTAGNE, PROJECT/SUPERVISOR INSTRUCTOR PROJECT: SELF AWARENESS/SELF DEFENSE FOR ATASCADERO JUNIOR HIGH SCHOOLGIRLS FUNDING SOURCE: CSAP GRANT- COMMUNITY PRIMARY PREVENTION PROJECT SUPPORTING GROUPS: SLOPA MISSION STATEMENT: INTRODUCTION OF 7TH AND 8TH GRADE GIRLS AT ATASCADERO JUNIOR HIGH SCHOOL, THROUGH A SPECIALIZED PROGRAM, TO THE BASIC PRINCIPALS OF PERSONAL SELF DEFENSE WITHING THE SCOPE OF FIVE, FORTY FIVE MINUTE CLASSES FOR EACH STUDENT. "GOATS: 'INCREASE SELF AWARENESS INCREASE ABILITY TO MAKE HEALTHY CHOICES DECREASE SUSCEPTIBILITY TO PEER PRESSURE PARTICIPATION IN PROGRAM OF AT LEAST 450 FEMALE STUDENTS ATTENDANCE WILL BE AVERAGE TO ABOVE AVERAGE DURING THE PROGRAM DURATION ACTIVITIES: INSTRUCTION IN SELF AWARENESS AND SELF DEFENSE WAS DONE DURING PHYSICAL EDUCATION CLASSES. INSTRUCTION LASTED FOR 5 DAYS, ONE FULL WEEK OF TIME DURING THE PHYSICAL EDUCATION CLASS TIME. STUDENTS PARTICIPATED IN SELF AWARENESS ROLE PLAYS, LEARNED PHYSICAL SKILLS, WERE INSTRUCTED IN DRUG AND ALCOHOL AWARENESS, AND DISCUSSED DATING, RAPE AWARENESS AND FRIENDSHIPS. HOW MANY SERVED: APPROXIMATE TOTAL: 900 GIRLS (APPROX. 450 SEVENTH GRADE GIRLS, APPROX. 450 EIGHTH GRADE GIRLS) PLANS FOR THE FUTURE: IN 1997, THE SITE COUNCIL AT ATASCADERO JUNIOR HIGH SCHOOL VOTED TO CONTINUE AND FUND THE PROGRAM FOR 1997. THEY ALSO VOTED TO EXPAND THE PROGRAM. THE GIRLS PROGRAM WAS INCREASED TO 7 DAYS, FROM 5 DAYS, AND A 5 DAY BOYS PROGRAM WAS ADDED. THE SITE COUNCIL VOTED 1N THE SPRING OF 1997 TO FUND THE PROGRAM AGAIN FOR 1998. THE PROGRAM WILL BE RUN AS IT WAS IN 1997. ` CURRENT NEEDS: THE ISSUES IN THESE CLASSES REVOLVE AROUND HEALTH AND SAFETY. THE YOUTH OF ` ATASCADERO CONTINUE TO NEED TO BE EXPOSED TO INFORMATION REGARDING THEIR PERSONAL SAFETY,CONFLICT RESOLUTION, ANTI VIOLENCE AWARENESS, CRITICAL THINKING SKILLS AND CONFIDENCE BUILDING FOR GOOD DECISION MAKING SKILLS. THE JUNIOR HIGH 1S INVESTING IN THIS ASPECT OF YOUTH DEVELOPMENT AND IT WOULD REINFORCE TRIOSE INVESTMENTS BY HAVING A FOLLOW UP CLASS IN HIGH SCHOOL. IT IS NEVER TOO EARLY TO BEGIN THIS INFORMATION. IT COULD EASILY BEGIN IN THE ELEMENTARY LEVELS. i I L >gztza,;4de�ca�l°u 74 a4 9&z" Pada Rd&Fd llout�i 7aa� �oace 6500 P444'4& 600%2ic�cendo�s Duce '4adc44'e ' 3422 P440 Rb&e4, 6-4 93446 (805) 461-760 (805) 237-3990 We have recently received the results of the county wide Alcohol/Drug Survey of 7th, 9th and 11th graders. We now know that they are accessing alcohol in homes and in public places in increasing numbers. We also know this puts our youth at risk of accidents, teen age pregnancy, delinquency and early addiction. It is urgent that parents and business owners be vigilant in insuring that amployeat check the ID's of young people seeking to purchase alcohol. It is also important that businesses are watch ul for adults who are purchasing alcohol for minors. By agreeing to prominently display 1his poster at your place of business you are helping increase awareness about the serious consequences of drinking and driving. You will also be helping to educate the community that it is illegal for anyone under the age of 21 to poss ss, purchase and consume alcohol. The Atascadero and Paso Robles Youth Task Forces are providing these posters through a grant from the Center for Substance Abuse Prevention which it administered by the SLO Prevention Alliance and County Drug and Alcohol Services. These posters feature fhi billboard designed by high school youth who worked with M. B. Hanrahan, an artist 0alizing in murals with a message. The billboard will appear at two loc tions on Highway 101 from late May through October. A public policy panel met in South nd North County and have issued public policy recommendations for our communities regarding youth and alcohol. Below are two which apply to businesses: The Policy Panel recommends th t any business that sells alcoholic beverages make clientele aware, by conspicuously posting clear and simple signs of the legal consequences of providing alcohol to minors, and of minors attempting to purchase alcohol. The Policy Panel recommends that local government commend and local media publicly recognize those businesses which make a concerted effort to stop access of alcohol to minors. Thank you for joining our communifl in the effort to increase awareness and prevent youth access to alcoholl 1tascadero Youth Task Force The Paso Robles Youth Task Force 7 �t�z�te�a�occtls 7aa� roue �aQa �o�-'llautl� 7ael �aue 6500 pae4ic4,4wgem 600 7& 4� Dawe 1*4 , &4 93422 ;Da4a Z'd&a, 93446 (805) 461-7606 (805)237-3990 Interesting Information from the SLOCO Alcohol/Drug Survey--1996 3. Percentage of Youths who indicated Using st.d..0 Substances in Last 6 Months by Grade Levet �:.:r CountCountU and Statewide Comparisons Lut{ Substance 7th Grade 9th Grade 11th Grade SLO % % -%:!CA c•.•rr C.wq SLO CA SLO CA - ^4110 CA - S.td% 11.1 5..l 37 1 31.4 1 71 1 77.1 1 64.7 1 63.7 aa.{ I Win. 37.9 1 al.d af.) 71.6 Sa.f 60.) ad.a l7y.x 30.7 aa.) )7 71 16. Cenerol sources of Alcohol for All Count4 Youths by Crode Level 17. Public Sources of Alcohol for All County Youths by / Crade Level E] 71a ALCOHOL•CENERAL SOURCES ® f" p 7,a ■ nl► 11A f71 f��g ALCOH6L-PUBLIC SOURCES 11„ Puut Not Pn tent u.s Puw Pl.aaat 17 37.3 ` 11.1 71.2 1..1 1a.7 11.7 11.7 17.7 la.l 1.1 1 11.1 H•w. Frl.•{ ►.rlr Arty 7.1 f.. Location Obtaining Alcohol C.....I..../Gu Gr.c.r7 Lywr 1•r 1,,,,,... Location Obtaining Alcohol DID YOU KNOW? The Law The penalty Minors may not even !q to buy alcohol. $250 fine and/or a maximum 36 hours of community service Minors may not possess alcohol in public. A maximum $1,000 fine and/or six months in county jail Minors may not purchase alcohol. Minors may not For the minor, a minimum $250 fine and/or 24-32 consume alcohol in an on-sale licensed premises. hours of community service; a maximum $1,000 fine and/or six months in county jail. No person may sell, furnish, or give alcohol to a For the seller or furnisher, a minimum $250 fine minor. No person may cause or permit this to occur. and/or 24-32 hours of community service; a maximum $1,000 fine and/or six months in county jail. ABC: First offense: a $750-$3,000 fine, license suspension, or probation. Second offense within three years: a mandatory license suspension. Third offense within three years: the license may be revoked. t Collaborative. �' Billboard Project (Atascadero and Paso Robles Youth Task Forces) FUNDING This project is funded by a Center for Substance Abuse Prevention (CSAP) grant, administered through the San Luis Obispo County Drug and Alcohol Services and the San Luis Obispo Prevention Alliance (SLOPA). The budget for the project is $13,100. The Atascaderc Youth Task Force provided $8,601, and $4,499 was contributed by the Paso Robles Youth Task Force. • MISSION To successfully collaborate with the Paso Robles Youth Task Force to involve North County youth, businesses, and other agencies in a project to raise awareness about the issues of DUI and youth access, thus affecting social norms. • GOALS 1 . To increase the awareness of North County residents and others who travel through or visit the area about the tragic consequences of DUI. 2. To educate the business community about DUI and the ways alcohol and tobacco advertising targets youth. To reduce opportunities for minors to access alcohol and other drugs by changing the environment and social norms throughout the North County. • SUPPORT AGENCIES Many individuals and agencies play some role in this project, including: Atascadero Unified School District Paso Robles Union School District SLO County Drug and Al ohol Services DUI Task Force Atascadero High School S DD Chambers of Commerce Paso Robles High School Peer Leadership • 1997 - 1998 This billboard will be posted through mid-November 1997. Posters will be distributed through the rest of 1997 (Mid-State Fair, Colony Days, etc.), or until they are gone. Data will be gathered through the end of 1997. - CURRENT NEEDS 1 . Identify who will coordinate the poster distribution and work with the youth who will distribute posters and information sheets to North County businesses throughout the summ r, keeping track of business name, location and contact person. . Identify who will be responsible for gathering the data needed to assess the success of this projec , including number of phone calls to the numbers listed on the billboard and poster and DUI statistics for the North County during the months of June through December. This,Grant was written and sponsored by the North County_COnnectipn_as a partnership with the Atascadero Youth flask Force. Susan Warren of the North County Connection and Geoff English of the Atascadero Youth Task Force co- chaired the grant with the help of youth leaders Elena Rodriquez & Andy Lanes. TRI-COUNTY REGIONAL TEAM Tobacco Control Community Linka_-c Project "I'llc Tri-County Regional Tear (TCRT), tobacco education nd use prevention, coniniunity linkage project invites api)llcations for Milli-grants of up to S5,000 to organize and conduct local arca anti-tobacco activities which address one ol-nioi-e of the three priorities established by the California DcparlillClll of I-ICalth SC:'\'icC s, TObaceo Control Section. 1'Ilese are: 1. Reduction of exposure to environmental tobacco smoke 2. Reduction of youth access to tobacco products. 3. Countering tobacco influences in elle coninnunity. The goal of the youth activities is to assist young people in becoining change ageIlts iIl ninking tobacco use unacceptable in the Region and III thcir- coIllniuIlities. We hope to empower high-risk youth to take a stand for a more positive and healthy lifestyle with their peers and in their community as a whole . We want to help the teen, understand the power of tobacco advertising and the dan,;ers of second-hand smoke .(ETS) , particularly to younger children and infants . . The main purpose is to provide a safe and comfortable venue for these high-risk teens to 'be willing to become educated on tobacco issues , engage in leadership shill buildir:ry events and become a new voice for healtlier living with their peers and families . The two high-risk groups we are targeting (skaters and teen moms) are historically seen as very negative influences in the community. They often miss the traditional prevention programs offered in the regular school setting because of their high risk placements . These two groups have 'a common 111:cur"d i.: that they both have activity time already schedluied (on a limit--o-di basis) at the "proposed" new community youtl center. Ide not only * hope to counteract the communities negative image of these children , but in fact have these young people be seen as a valued resource. We do especially hope these young people can begin to. believe they are valued and definitely have sore thing very worthwhile- to give to others . We are asking the skate group to become an ongoing asvisory group for their new skatepark and to encourage them to be repre- sented in the community groups at large including city council . We hope the teen mom project will encourage these young mothers to participate not only as a group, but also as individuals ill the local pre-schools , school district programs and P .T. S . P.. , all of which will help them become more supported , enlightened and happier new moms , who can teach other young moms & their friends about the dangers of ETS . i For more information: Contact Sue Warren, 461-6084 or Geoff English 461-5003 } i 2 to ? 2 O O v cD o n m to M n ao co rn cD to o co m T O C J O 6 N O V M U) N to Cp n to n CD O0 Co U) n to L U) z to to (D n rn rn rn CA rn rn rn rn CO rn rn 0) (D co CTI O QQ Q O U) +r U CO C (D V C) M MNU) mNm Nn r V to rO C O O (D 00 O 6 (D n `� r N4 CVNco V CV T w V V M N T C7 T �— U N � C C U � MC) O gTON ^ mOrnvcc) L' Coo 6 c6 6 V N Vr6r,: C6 7r- 1� O N OCl = nrnO (DvrnnrnoT (DCgnNCO NO0nm a T CA (D C7 CD CV (on00NrOv (nr A T T O = OOOO (DOOOOn n00 (DOTOOn O F-' N n n N 6 6 6 (D (b r V CC) (30 N O 00 6 c6 T C T (D U) U) V T T V r N (D V N m T (D T O to (7 to c! V (D O ..J N U) C) U) t� (D m N N co N U) cV (D O C cu� CU A Q ONN Vnco (DOV LO N0 U) V) 0 TT -� F- N O V V 6 (D V O q ': C\j In Crj Ci (O CV N V •. O U) V V CY) r M T I— O L Q = O O O O V O 0 0 0 (D V O O V N ';t O O T C Q 0) to to V N cf U) C 7 (D C 7 O V (D (rj CV T Ln co V N T T O to U = V CD T U) O 00 to T V r Cr In In (p O V) (� F— O T T *- N N N T T r CV Cp Crj r N N ce) V. r .0 O O = 00 U) NN U) O (DcoU) cc) r- C•) CANno (DN • j n OU) Nc) coC\jNOONC6C+) TC\jtri ^ r Cn C`') C) N T T N O O Q oo00c00000 (DC") 000NOo0 (D (� In 1f.. Q CV Cn N CY) Cl) N cu N Mme+ L C O U C C7 E mo in w _ _ (b a 0 � N N V ~ N N — N ca h (U U C d 7 7 C C Z c Q1 O CL O C O C N t U Q Q) .0 o c (tl a O 0 O O m - _Q cd cv o to L (u a� t U m t E E m3 � � 2 � c. co U) � d SOmmcn O o � � o c ozrwscwjo CD CD �-o �D �, o O = � 0 .rt 0 o' (n CD ca 3 n O m C O (n c .o. "C c O C CnN S > OOOOCnoo6a Cn 0 •-' -� y E - ► rvNWvrni-ncW s r- (7) �- i,� � C,) ornrntao O r+ O m N V V VUtN N >Vd m V -` CDN � � W D a nO "t Q Vf ('p j CO NVW cD D y O m m 0 M m m O C C Cn cD Ln O p N � W y m CO O C Q' SIMIN C 'Ty (A #.* y O y ..1 ..1 ..L -40oco Niw `-° C7 O O OD iT Cn Cn V W N J D n cr (O N NMI --� N - �* 'O m VNNW V WNCIt C fD O 10111111O 0 0 0 0 0 0 0 0 ? Co O y n n .+ Q rF F6 �3 , C -L `^ 0 W -.N Ooc) mQ.n? D Atascadero Unifed School District Drop-Out Prevention Program Diane 5tevenson, Coordinator Office(805)462-4392• FAX(805)462-8943 GRUB CLU15 AFTER SCHOOL 5UPPOKT PROGRAM Funding Source Center for 5ubrtance Abu e Prevention Grant through the San Luis Obispo Prevention Alliance Community Primary Prevention Project Supporting Agencies The Ata5cadero Unified 56 ool District a55i5ted in the following ways: • processed payroll or the facilitator • u5e of the Home conomic5 room • the Jr. High aided in the recruitment of participant! Statement of Purpose To provide biweekly meeting 5 serving up to 25 5tudent5 at Atascadero Junior High that will provide a positive and prodctive intervention and alternative to suspension in addition to decreasing discipline and a tendance problemg at school. Goals • The main goal is to encourage. prosocial development of the participants. Activitie! Various group activities were completed at biweekly meetings that included: • role playing • trust-building exercises • conflict resolution okill5 • goal Setting • art • !tory telling • cooking • problem solving Number f Participantci Approximately 24 eitudente. participated con5i5tently throughout the year Plans for the, 1997-9b h I Year There i5 a poSSibility that the.Junior High will fund the Grub Club Program in the 1997-98 School year. Current Needs There are no current needs at this time. E - t I SUBSTANCE ABUSE PREVENTION - EDUCATION Peer Helper Training September 6, 1996 Students Served Atascadero Junior High School 6 Oak Hills High School 6 Atascadero High School 34 (Leadership Class) 24 (Leadership II Peer Helpers) Total Students 70 Students Atzenda • Characteristics Often Found in Members of Chemically Dependent Families • General Strategies for Helping Children Living With Chemical Dependency • How Have Drugs/Alcohol Affect Your Life? • Progression of Chemical Dependency in Teens • Risk Factors • Strategies for Helping/Self-Helping Skills • Knowing When Your Friends Need Help • Expressing Care and Concern • Prevention Activities for Facilitating on Campus and Community Future Plans • Continue with "Big Hounds-Little Hounds" program in elementary schools. • Continue with "Students Against Destructive Decisions" (S.A.D.D.)school and community activities. Sustainability • Continue to train students in Leadership II classes for"Big Hounds-Little , Hounds"program. • Continue to facilitate S.A.D.D. activities. Grant • Commission for Substance Abuse Prevention (C-SAP) through San Luis Obispo County Drug and Alcohol Services. Agenda Item # A-5 Meeting Date: 8/12/97 ATASCADERO CITY COUNCIL JULY 16, 1997 MINUTES - CLOSED SESSION 4:00 P.M. - CLOSED S SSION: CONFERENCE WITH LEGAL COUNSEL - CITY MANAGER RECRUITMENT (G.C. Sec. 54957) The meeting was cal ed to order by Mayor Johnson at 4:30 p.m. ROLL CALL: Present: C uncilmembers Luna, Carden, Clay and Mayor Johnson Absent: C uncilmember Lerno Staff Present Robert Grogan, Interim City Manager; Roy Hanley, City Attorney The Closed Session was adjourned at 4:55 p.m. to Public Session. PUBLIC SESSION: The City Council unanimously voted (4:0) to approve Resolution No. 76-97 authorizing the execution of an agreement with Wade McKinney for City Manager services. The meeting was adjourned at 5:05 p.m. PREPARED BY: Robert F. Grogan, Interim City Manager/Deputy City Clerk I ITEM # A-6 Meeting Date: 8/12/97 ATASCADERO CITY COUNCIL JULY 22, 1997 MINUTES 6:30 P.M. CLOSED ESSION: 1. CONFERENCE I VITH LABOR NEGOTIATOR (G.C. Sec. 54957.6) Agency negoti` tor: Roy Hanley Employee organizations: Mid-Management/Professional, Atascadero Fire Captains, Atascadero Fir fighters, Service Employees Intl. Union Local 620 2. CONFERENCE WITH LEGAL COUNSEL - CITY MANAGER RECRUITMENT (G.C. Sec. 54957) 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Govt. Code Sec. 54957 et seq) Name of case: McHale v. City of Atascadero There was no action tken in Closed Session and the meeting was continued at 7.12 p.m. to after the Regular Session. 7:00 P.M. REGULAR SESSION Mayor Johnson called the meeting to order at 7:15 p.m. and Councilman Lerno led the Pledge of Allegiance. ROLL CALL: Present: C uncilmembers Carden, Clay, Lerno, Luna and Mayor Johnson Absent None. Others Present: IV arcia M. Torgerson, City Clerk Staff Present: R bert Grogan, Interim City Manager; Roy Hanley, City Attorney; ' Steve Decamp, Acting Community, Development Director; Brady C erry, Community Services Director; Mike McCain, Fire Chief; Bill Watton, Acting Chief of Police; John Neil, Assistant City Engineer; R chelle Rickard, City Accountant; Mark Markwort, Chief Wastewater Operations; Geoff English, Recreation Supervisor; and F ed Motlo, Fire Captain. COUNCIL COMMENTS Councilman Carden announced that he still has tickets for the Winemakers Dinner and Wine Festival this Friday and Saturday. All the proceeds go to the zoo. Councilman Clay announced that the Atascadero School District and the Atascadero Youth Task Force and nembers of the Atascadero City Recreation Department have met and have a target date of October 1, 1997 for getting a youth center started. PROCLAMATION: "National Night Out", August 5, 1997 [Police Department] Joy Butterfield, Support Services Technician, Atascadero Police Department accepted the Proclamation. Ms. Butterfield spoke briefly to explain "National Night Out." COMMUNITY FORUM Ray Jansen, 6655 Country Club Drive, read a letter to the editor he had written and recently submitted concerning his feelings about citizens' apathy towards government. Eric Greening, 7365 Valle, announced the Lake Nacimiento EIR will be released.8/1/97. He suggested that the City Council have this item on their 2"d meeting in August or 1$` meeting in September. Rush Kolemaine, P.O. Box 1990, expressed that, like Mr. Jansen, he is concerned with City employees' level of communication with the public. --end of Community Forum— REGULAR BUSINESS: Salinas Reservoir Expansion Project [Counciimember Clay] (Staff recommendation: Respond to Draft EIR and record concerns relative to effects on water supply and public safety [Roy Hanley] Roy Hanley, City Attorney, explained that the staff report for this item was prepared by Gary Kaiser, Assistant Planner. He asked the Council to discuss this issue and direct him as to what topics of concern they want addressed in a letter to the City of San Luis Obispo and what tone they would like in the letter. He assured the Council that he will make the July 25, 1997 deadline. Mr. Hanley introduced Mr. Bob Roos to give a brief presentation. Robert Roos, Homestead Road, Templeton, addressed downstream flow impacts. He went on to explain in detail the impacts, by percentage, the expansion would have on Atascadero (6.45% 58%) (see Attachment A). Councilman Luna stated that the City of Atascadero received a fax of a draft letter of the North County Council's response to this issue. He asked if Mr. Roos agreed with Section C. Mr. Roos responded that he has not seen it yet, but will read it and give his comments later. Ken Weathers, Atascadero Mutual Water Co., thanked George Highland for attending many water meetings. Also, he thanked Councilman Clay for his attendance. Mr. Weathers explained the history of Atascadero's water; from 1939, when E.G. Lewis formed the Atascadero Mutual Water Co., to the present. He also stated that Atascadero property owners also own the riparian water rights in perpetuity. Mr. Weathers explained that riparian water rights come before any appropriated water rights. He stated that the AMWC has focused their attention on the potential impact of the Salinas Reservoir Dam expansion to Atascadero's water resources and the potential impact from flooding on AMWC facilities. Mr. Weathers explained that the change in surface flow caused by the dam expansion will impact the recharging of our ground water. He stated the AMWC has 8 issues of concern and if they cumulate, there would be a significant impact on our water supply. He listed some of their concerns: Insufficient mitigation, alternative were not addressed adequately, .flood impact not analyzed, is there financial backing to pay for potential flood damage downstream. CC 07122/97 Paget Councilman Clay asked Mr. Weathers some questions and Council discussion ensued. Mr. Hanley explained about CEQA and the EIR process. He explained that instead of having an independeril consultant prepare the EIR, the City of San Luis Obispo has prepared their own. N r. Hanley stated that the EIR is only an informational document. He explained that if the C ty of San Luis Obispo adopts this EIR, it will not change how water law is going to apply t the situation. He stressed that CEQA requires the City of San Luis Obispo to consider alternatives and address possible mitigations, but it does not require them to adopt them. The Council asked questions of Mr. Hanley and discussion ensued. Councilman Carden as ed Mr. Weathers when the City of San Luis Obispo acquired their water rights. Mr. Weathers responded that Atascadero acquired their water rights in 1914 and San Luis Obispo acquired their water rights in approximately 1945. He explained that San Luis Obispo's water rights are in conjunction with the dam which was built during WWII to serve Camp San Luis Obispo. Mr. Weathers stated that the water rights were filed jointly between the Army and the City. Councilman Carden questioned whether the water rights granted during a time of national emergency versus a time of peace should even be considered valid today. Mr. Weathers responded by stating that he and the AMWC's water rights attorney have the opinion that the City of San Luis Obispo has a legitimate water right for the existing dam. George Highland, Secretary of the North County Water Task Force, expressed his concerns and referred o the documentation he submitted to Council before the meeting (see Attachment B). F a questioned whether those who prepared the EIR have a bias. Bob Roos, Homestead Road, Templeton, commented concerning the draft letter of the North County Council hat he felt it reflected his concerns. Roy Hanley added tot the discussion that he feels the Council should address the lack of information on what vyould happen in Atascadero if the dam failed, including a comparision between the potential damage if the current dam failed versus if the dam expansion failed. PUBLIC COMMENT Pat Mackie, Paso Robl s, expressed his feelings that the City should notify San Luis Obispo of all their concerns, not just a few. H.e also stated that he felt all issues should be addressed in the EIR otherwise, later in court, you will not be able to address it. Mr. Mackie also shared wi h the Council that whenever he comes to the Atascadero City Council meetings, it's always a pleasant experience. He went on to state that anytime that he needs to conta t the staff in Atascadero, especially the City Manager's office and the City Clerk's office, they have always treated him with the upmost respect and have immediately responded to my requests. Mayor Johnson thanked Mr. Mackie for the kind comments. Rush Kolemaine, P.O. Box 1990, asked questions of Mr. Ken Weathers. He also asked if the City has set aside inoney for possible litigation. Mayor Johnson responded that there is money in the City's udget for litigation. Mr. Kolemaine asked the Council to strongly express Atascadero's concerns to the City of San Luis Obispo. Eric Greening, 7365 V Ile, shared his concerns and stated that he feels the City needs to be ready for litigation. He recommended that Atascadero strongly request that the City of CC 07/22/97 Page 3 San Luis Obispo fund an independent structural engineering analysis of the dam by consultants to be chosen by the North County Cities and Communities Districts that are downstream for a second opinion on the potential risks of expansion. Doug Lewis, Atascadero, expressed his concerns of the Army Corps of Engineers' water rights and how the City of San Luis Obispo has acquired them. Bill Zimmerman, 6225 Lomitas Road, stated how important it is to take action. He said that there will be a reduction of water in Atascadero if this dam expansion takes place. He asked that the Council consider the long-term viability of Atascadero and submit strong comments to the City of San Luis Obispo. Pete Cagliero, Salinas Farmer, member of the Water Task Force, representing agriculture. He referred to the letter he gave to the City of San Luis Obispo (see Attachment Q. He has 3 times the number of wells that Atascadero has and San Luis Obispo is not addressing his concerns either. He stated that if the concerns about the safety of the dam expansion could all be met to everybody's satisfaction, and the water was shared with Atascadero, Templeton and Paso Robles, that would leave more ground water in the basin for agriculture; he could support that. He said that he felt the EIR was inaccurate. Mr. Cagliero stated that San Luis Obispo turned down State water because it would promote growth and yet they can take our water and that doesn't promote growth. He said that he would like the EIR to address using State water versus using Salinas water. Barbara Rose, 7200 Llano Road, recommended the City look into how San Luis Obispo acquired their water rights. She also stated that it seems as though the original dam was constructed hastily and suggested that we look into the safety of the existing dam, let alone an expansion. -- end of public testimony-- Mayor Johnson stated that he wanted the Council to, (1) review the draft letter from the North County Council, (2) see if there is consensus that Atascadero will participate in litigation, if necessary, and (3) compose our own letter. Councilman Luna offered suggested amendments to the North County Council letter. The Council agreed with his suggestions. MOTION: Moved b Councilman Clay and seconded b Councilman Carden Y Y Y , to approve the draft Paso Robles letter addressed to the City of San Luis Obispo with the following suggested amendments: 1. Change second sentence in Section V to read.• "Whatever the risk of flooding, if flooding does occur, the County and downstream cities will bear the financial risk rather than the federal government." 2. Include a sentence requiring the City of San Luis Obispo to be financially liable for damage resulting from flooding. Motion passed 5.0 by a roll-call vote. Mayor Johnson received consensus from the Council that they would participate in litigation on this issue, if necessary. Council also directed Roy Hanley to compose a letter to the City of San Luis Obispo expressing their concerns which include: Council would like to see addressed the worse- case scenario if the dam fails, San Luis Obispo needs to demonstrate their water rights, they need to identify inundation areas, an emergency response plan should the dam fail, CC 07/22/97 Page 4 impacts identified by AMWC need to be addressed and mitigated to insignificance in the final EIR, construction of original dam, recommend an independent engineer to get accurate figures, pressuring aquifers, lack of flushing and scouring of riverbed, who would pay for flood damage, deteriorating relationship between North County and the City of San Luis Obispo. There wa 3 consensus that the letter be signed by Mayor Johnson, Roy Hanley and Robert Grogan. Mayo Johnson called for a 10 minute recess at 9:95 p.m. Mayor Johnson re-op ned the meeting at 9:21 p.m. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - April 8, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES - June 24, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 3. RESOLUTION NO. 49-97 - Authorizing placement of annual payment for Assess- ment Dist. No. 10 (Santa Rosa, Area F) on the Property Taxes for fiscal year 1996- 97 [Brady Cherry] (Staff recommendation: Adopt) 4. RESOLUTION NO. 66-97 - Authorizing the execution of an agreement with PARC, Contractors Ine. for asbestos abatement at the Atascadero Youth Recreation Center [Brady Cherry] FISCAL IMPACT. $13,000 Council-authorized CDBG funds/$6,350 ARCC funds (Staff recommendation: Adopt) 5. RESOLUTION 140. 67-97 - Authorizing the execution of an agreement with Electricraft, Ind. for electrical improvements at the Atascadero Youth Recreation Center [Brady Cherry] FISCAL IMPACT. $20, 160 Council-authorized CDBG fundsl$1,662 ARCC funds (Staff recommendation: Adopt) 6. RESOLUTION 140. 72-97 - Amending Resolution No. 120-92, which authorizes road closures related to Farmer's Market [Brady Cherry] (Staff recommendation: Adopt) 7. STATUS REP RT ON GENERAL PLAN SAFETY ELEMENT UPDATE [Steve DeCamp] (Staff recommendation: Receive & file) 8. WASTEWATER TREATMENT FACILITY UPGRADE, STAGE 1 DESIGN FEE NEGOTIATION [Brady Cherry] FISCAL IMPACT. 1997-98 Wastewater Divn. Budget, anticipated @ 10-15% of anticipated $1,859,000 construction cost (Staff recomm ndation: Direct City Engineer to negotiate a reasonable fee for stage 1 engineering design) CC 07/22/97 Page 5 4 9. DECLARATION OF SURPLUS EQUIPMENT [Brady Cherry] FISCAL IMPACT.- Estimate $1;200 in auction revenues to wastewater facility improvement fund (Staff recommendation: Declare equipment as surplus) 10. RESOLUTION NO. 70-97 - Awarding a contract to Souza Construction, Inc. for the construction of the Minor Road Repair Projects, FY 1996/97 (Bid #97-01) [John Neil] FISCAL IMPACT.• Total expenditures, $135,213.4O/Total revenues $135,213.40 (Staff recommendation: Adopt) 11. RESOLUTION NO. 71-97 - Awarding a contract to NFL Construction, Inc. for the construction of the State Route 41/Atascadero Ave. Storm Drain Project (Bid #97- 07) [John Neil] FISCAL IMPACT.• Total expenditures, $935,684.90/Total revenues $935,684.90 (Staff recommendation: Adopt Res. No. 71-97/Revise adopted FY1997198 budget) 12. TENTATIVE PARCEL MAP 96008, 8805 OLD SANTA ROSA RD. - Consideration of final parcel map to divide one lot of 1.50 acres in size into two parcels of 0.76 and 0.74 acres each for single family residential use (Lanini/Wilson Land Surveys) [Steve DeCamp] (Planning Commission/Staff recommendation: Accept) Mayor Johnson announced that Item #A-1 1 is being pulled and continued. Councilman Carden stated that he would like to pull Item #A-10. Councilman Clay asked that Item #A-9 be pulled for clarification. MOTION: By Councilman Luna and seconded by Councilman Lerno to approve Items A-1,2,3,4,5,6,7,8, and 12. Motion passed 5.0 by a roll-call vote. RE: Item A-9: Councilman Clay asked how the auctions were run. Brady Cherry explained the process. MOTION: By Councilman Clay and seconded by Councilman Luna to approve Item A-9. Motion passed 5:0 by a roll-call vote. RE: Item A-10: Councilman Carden asked if signs was included in this bid. John Neil responded that signs was not part of this bid because it was prepared prior to the discussions regarding signs. Brady Cherry added that he and Brian Sword have priced some signs that the City can use on a number of upcoming projects. He explained that any project that will take more than 2 weeks to complete, the City will put up its own signs. The bigger projects coming up will have signs in the contract. MOTION: By Councilman Carden and seconded by Council Clay to approve Item A-10. Motion passed 5:0 by a roll-call vote. RE: Item A-11: Brady Cherry explained that this item is being pulled primarily because the project revenues that are listed in the staff report have been changed. Staff has decided to re-allocate different revenues from different sources than what we have stated in the report. He stated that they would be able to bring this back to Council on Monday, July 28, 1997, at 4:00 p.m. Councilman Carden stated that he will be out of town on that CC 07/22/97 Page 6 day. The rest of the Council stated that they would be able to attend. B. PUBLIC HEART GS: 1. HEARING OF PROTESTS REGARDING PLACING DELINQUENT SOLID WASTE CHARGES ON HE 1997/98 PROPERTY TAXES [Rachel% Rickard] A. Resoluti n No. 64-97 - Placing delinquent solid waste charges on the 1997/9E Property Tax bills FISCAL PACT.• Net additional $428.91 in franchise fee revenues [Staff recommendation: Adopt] Rachelle Rickard, City Accountant, gave a brief staff report. She explained that this is an annual process. Ms. Fickard stated that the City does receive a 5% collection fee for the administration. No Public Comment MOTION: By Councilman Luna and seconded by Councilman Lerno to adopt Resolution No. 64-97. Motion passed 5:0 by a roll-call vote. 2. HEARING OF O JECTIONS REGARDING PLACING WEED ABATEMENT CHARGES ON THE 1997/ 8 PROPERTY TAXES [Mike McCain] A. Resoluti n No. 65-97 Confirming the cost of weed abatement FISCAL PACT.- No direct impact [Staff recommendation: Adopt] Mike McCain, Fire Chief, gave a brief staff report. No Public Comment MOTION: By Councilman Carden and seconded by Councilman Luna to adopt Resolution No. 65-97. tion passed 5.0 by a roll-call vote. 3. ORDINANCE N . 331 - Amending Chapter 2 of Title 11 (Subdivision Ordinance) of the Municipal C de delegating to the Planning Commission the authority to approve, conditi nally approve or disapprove tentative tract and parcel maps [Steve DeCamp (Staff recomme dation: Motion to waive reading in full and introduce on first reading by titleonly) Steve DeCamp, Acting Community Development Director, gave a brief staff report and explained that this ordinance is part of the City's effort to streamline the permit process. He explained the history of Planning Commission actions and compared them to what this amendment of the Ata cadero Municipal Code would allow. CC 07/22/97 Page 7 Councilman Luna commented that he is very satisfied with the present process and does not intend to support this ordinance,''He explained that he feels it is the responsibility of the City Council to assure that land-use issues are in conformance with the General Plan and that does not mean delegating that responsibility to a non-elected body. Mr. DeCamp answered questions of Council. PUBLIC COMMENT Ursula Luna, P.O. Box 806, asked if a Councilmember appeals a tract map, does he have to step down because of conflict of interest. Also, she asked if a neighbor wants to appeal a tract map, how much would it cost. Mayor Johnson responded that the answer to her second question is $200.00 (for the citizen). Roy Hanley responded that his personal opinion is no, the Councilmember would not be required to step down. He explained that there is one appellate case, that has not been decertified by the State Supreme Court, that is interpreted to require that particular Councilmember to step down. --end of public testimony-- MOTION: By Councilman Carden and seconded by Councilman Lerno to waive reading in full and introduce Ordinance No. 331 on first reading by title only. Motion passed 4;1, with Councilmember Luna opposed. 4. ORDINANCE NO. 332- Adding Chapter 15 to Title 7 of the Municipal Code pertaining to encroachment permits !John Neill (Staff recommendation: Motion to waive reading in full and introduce on first reading by title only) John Neil, Assistant City Engineer, gave a brief staff report and explained that this ordinance defines the authority by which the City can control encroachments within the right-of-way. He then answered questions of Council. PUBLIC COMMENT Doug Lewis, Atascadero, asked why trees were not included in the encroachment ordinance. Mr. Neil answered that landscaping, trees and shrubbery are defined as encroachments and would be subject to the provisions of the ordinance. --end of public testimony-- Councilman Carden asked if the City has a master plan for coordinating utility projects. Mr. Neil responded no, but AMWC would like to enter into an MOU with the City. Councilmember Carden requested that the Council pursue, at a future meeting, developing MOU's by which capital improvements with all utilities and the school district are coordinated. MOTION: By Councilman Carden and seconded by Mayor Johnson to waive reading in full and introduce Ordinance No. 332 on first reading by title only. Motion passed 4:1, with Councilmember Lerno opposed. C. REGULAR BUSINESS: No scheduled items. CC 07/22/97 Page 8 D. COMMITTEE R PORTS (The following represent standing committees. Informative status reports v vill be given, as felt necessary): S.L.O. Council of Governments - Councilman Carden announced that the executive committee meets tomorrow. Economic Round Table - Mayor Johnson stated that they received a briefing from the State Hospital on anexpansion plan. Councilman Carden asked where the City stands on the annexation of that area. Steve DeCamp explained that the annexation is proceeding. Finance Committee - Councilman Luna announced that the committee needs to meet soon. Bob Grogan suggested August 4, 1997 at 4:00 p.m. Councilmembers Luna and Carden agreed. Air Pollution Control District - Councilmember Clay stated they will meet soon. Integrated Waste Man gement Authority - Councilmember Luna stated that they met 2 weeks ago. He explained that he promised to check into why Atascadero's diversion rate dropped from 53% to 5%. 3% of that is because the State changed the population base. The other 4% as because some of our waste was delivered to Paso Robles. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Clay askec that the Police Department work with the Golf Course concerning their frequent problems. He also announced that Atascadero is going to have a youth center and the City's going to have to bite the bullet and help out. Councilman Carden st ted that he's received several calls about the parking around the lake in the no-parking zone. Mayor Johnson asked that staff bring to Council the previous staff report and minutes regarding this issue. Mayor Johnson also asked about the status of setting a Planning Commission/City Council joint meeting. Bob Gr gan explained that he and Steve thought they should wait until the new manager is on board. It was decided that the meeting should be set in early fall. Mayor Johnson adjourned to continue the Closed Session at 70.08 p.m. Mayor Johnson adjourned the Closed Session at 70:77 p.m. to Monday, July 28, 7997 at 4:00 p.m. in e Club Room, 4' floor, Atascadero City Half. RECORDED AND PREP RED BY: Marcia M. Torgerson, City Clerk ATTACHMENTS: E hibit A - Bob Roos presentation E hibit B - George Highland documentation E hibit C - Pete Cagliero documentation CC 07/22/97 Page 9 a � *NPCE: D,y.�-�"th.e vo Mme of material ' i i A. B and C -,-- referencedXs attachm r Ytot he u -(-review o y 22, said ex is are.on file and av review int ity Clerk'Zf Office-" 7/22/97 Exhibit A, Page 1 of 22 (71 r N . O � C!) H N � o o o N . v� N . 0 EXHIBIT A Page 2 of 22 Atascadero City Council Minutes � On r) O N 0 O N t O O � W O O O �+ W N O EXHIBIT A - Page 3 ot 22 CITY OF ATASCADERO CITY COUNCIL MINUTES sh ♦♦♦ ♦♦♦ Crq �-' oul o CD N o O CD O �!- O O > 0 CITY OF ATASCADERO CITY COUNCIL MINUTES It rTl V J d O 0 CD Q C� o 4 CITY OF ATASCADERO CITY COUNCIL MINUTES v^t H q' V W � o O p►� O � Ch � N C'D cn a age b ot Z2 CITY OF ATASCADERO CITY COUNCIL MINUTES Aff O cn O 0 0 O dQ O CD i O v Q Cl 0 c o o 0 o. Q o. Q O EXHIBIT A - Page 7 ot 22 CITY OF ATASCADERO CITY COUNCIL MINUTES ;o to \O \D O to \D \o \0 00 0 00 CO 00 00 00 00 00 00 Oa J -1 J J J J J J C m to A w N ►- O \O 00 J o\ to A w N - O ID 00 J C\ t.n A. w tJ y w n V N a co c r 00 In -4 -A w J xL A I W C W \O J w 00 V+ N 00 00 A to N O \O to C\ w N C\ A A O N W J J --4,t!� 00 N A W \O \O -O (!� \o C J 00 J w N 00 10 X Cr/7 O tA m � O cn J 00 \D = O to N O\ -- N � w J \C G1 to C\ 41. •-• �"'� 00 J \D to J O\ O 00 O O O O C O to O O A to O W \0 0 0 0 J oo cs y C\ CD Vf 00 O\ N A �-- .- .•- N to to N N �7 \O r0 O •..• N W N 00 A w 00 N c\ J w — N l.n Go �7 N w N U J — 00 U N 00 00 A A N to Q\ In �-- O\ Ln co N L\ A OLA W 00 W t!� J J to 00 N A100 t0 t0 A O \0 U w 00 1 J w \p to < 1V i-r w - Oo .-• A to � r ro O J W 00 Vi r-- - O w w ., OC7 O O N A ON O W W t,Wj p 1 O N N Ow 0 0 0 c 0 0 to O t� J O A oo G\ 0 0 0 \0 0 CDt > d c n d r. to w w \D -- A to _ �� ►r W th N N �. �. .... -. N .- .r N O N N V O to �O `-• � "" � CJ � = 7.. j� f11N to A oo 00 o \.ctO O 00 w Oti - W \p J O\ 00 to N 00 00 A 00 N J 0o O 00 00 W N --J.C\ A 00 O \0 �. 00 A W O J J N A Oo to 00 \O C t� N %0.00 Go 00W �-- 00 w W \0 � P� A oo a A > C r l N y 7 00 00 O\ N �l A A v O O O\ r�...1{ N CD to it \O LA �o G\ .._ .-. y N ►�+ J O tt.A p 0 0 0 0 0 0 CD0 A 0000 O \ON Np WW O O 00 0 O 000 O ^ O A '-' N 00 A A vO O N 0o a 0o .- to A v ►� y A J N 00 A 00 U %0 O as �o N O\ O J 00 C\ to 00 --Q N Ct A yC7 O \O J O 00 to N 00 00 A ON N O A O\ -• - oo A N O\ A C\ O N < J \O w N J JtA 00 N A W \D \0 A w \o N �o O 001-4 W I O O\ �o �7 ^ y r> C N W W W A W N -• \p N 00 �• G\ 00N .•� A C A V� 00 w J �o 00 C\ to to 00 J A \o to cot/1 A O to 0 0 0 0 0 0 0 0 00 \O 00 O J to W O O D ONO 000 C\ _ fD ON A to W NO W '�! O. n p: NILAa\ O\ U w \D C% v n G 00O 00 to N 00 to C\ A A U 01 tD O w 0 0 0 O O O to O O -- J O O A D\ O o 0 \0 O D\ OC CD CD _ y G 00 0 0 0 0 0 0 to O A O O W \OD W O O O N O W "O 0 0 0 0 0 0 \O O O W O to a\ O O O W W O a 0 ^ A O\ O O\ 0 0 0 0 0 0 tJ C O\ Vt C\ O 00 in to O C o t..) 1a O v d t/1 O\ 00 0 O\ p 3 i L�N i EXHIBIT A - Page 8 of 22 CITY OF ATASCADERO CITY COUNCIL MINUTES 0 TABLE 3.4-14 ANALYSIS OF REDUCED FLOWS AT ATASCADERO' Reductions(AF) Estimated Flow(AF) Historic Historic- Historic- Raised Existing Dam Raised Dam Estimated Estimated Flow Existing Raised Dam 10,000 AFY 10,000 AFY Project Impact(%of Year (AF) Dam Dam Impact Demand Demand Impact Existing Flow) 72 2,660 716 716 0 1,944 1,944 0 0.00 73 60,300 8,948 15,750 6,802 51,35244,550 6,802 11.28 74 21,500 2,728 3,949 1,221 18,772 17,551 1,221 5.68 75 6,400 0 0 0 6,400 6,400 0 0.00 76 1,720 0 0 0 1,720 1,720 0 0.00 77 1,820 0 0 0 1,820 1,820 0 0.00 78 140,500 9,313 20,646 11,333 131,187 119,854 11,333 8.07 79 15,100 1,855 2,964 1,109 13,245 12,136 1,109 7.34 80 94,200 2,597 3,550 953 91,603 90,650 953 1.01 81 8,690 0 0 0 8,690 8,690 0 0.00 82 38,600 3,448 5,587 2,140 35,152 33,013 2,140 5.54 83 154,100 4,079 4,621 541 150,021 149,479 541 0.35 84 9,650 488 650 161 9,1629,001 161 1.67 85 3,370 0 0 0 3,370 3,370 0 0.00 86 35,600 3,150 6,385 3,235 32,450 29,215 3,235 9.09 87 2,100 0 0 0 2,100 2,100 0 0.00 88 2,100 0 0 0 2,100 2,100 0 0.00 89 1,700 0 0 0 1,700 1,700 0 0.00 90 1,042 0 0 0 1,042 1,042 0 0.00 91 8,884 0 0 0 8,884 8,884 01 0.00 92 16,330 0 0 0 16,330 16,330 0 0.00 93 57,245 13,255 31,013 17,758 43,9901 26,232 17,758 31.02 94 2,463 0 0 0 2,463 2,463 0 0.00 Average 29,829 2,1991 4,1671 1,968 27,630 25,663 1,968 3.52 ' Source: modeling based on estimated historic flow data developed using Morro Group methodology(Morro Group, 1991)(note: no gaging station data are available for Atascadero). W.wR0JM16B131D197EIR13-4TABS.XLS 5!8!97 3.4-44 `FiE - Page 9 ot 22- CITY OF ATASCADERO CITY COUNCIL MINUTES TABLE 3.4-15 ANALYSIS OF REDUCED FLOWS AT PASO ROBLES` Reductions(AF) Estimated Flow(AF) Historic Historic- Historic- Raised Existing Dam Raised Dam Estimated Estimated Flow Existing Raised Dam 10,000 AFY 10,000 AFY Project Impact(%of Year (AF) Dam Dam Impact Demand Demand Impact Existing Flow) 72 773 716 716 0 57 57 0 0.00 73 144,558 8,948 15,750 6,802 135,610 128,808 6,802 4.71 74 94,874 2,728 3,949 1,221 92,146 90,925 1,221 1.29 75 36,651 0 0 0 36,651 36,651 0 0.00 76 0 0 0 0 0 0 0 0.00 77 0 0 0 0 0 0 0 0.00 78 222,856 9,313 20,646 11,333 213,543 202,210 11,333 5.09 79 36,553 1,855 2,964 1,109 34,698 33,589 1,109 3.03 80 191,354 2,597 3,550 953 188,757 187,804 953 0.50 81 34,211 0 0 0 34,211 34,211 0 0.00 82 93,312 3,448 5,587 2,140 89,864 87,725 2,140 2.29 83 380,594 4,079 4,621 541 376,515 375,973 541 0.14 84 31,767 488 650 161 31,279 31,118 161 0.51 85 8,750 0 0 0 8,750 8,750 0 0.00 86 127,596 3,150 6,385 3,235 124,446 121,211 3,235 2.54 87 3,985 0 0 0 3,985 3,985 0 0.00 88 7,107 0 0 0 7,107 7,107 0 0.00 89 4,612 0 0 0 4,612 4,612 0 0.00 90 263 0 0 0 263 263 0 0.00 91 29,200 0 0 0 29,200 29,200 0 0.00 92 56,776 0 0 0 56,776 56,776 0 0.00 93 208,314 13,255 31,013 17,758 195,059 177,301 17,758 8.52 94 5,420 0 0 0 5,420 5,420 0 0.00 Average 74,7621 2,1991 4,1671 1,968 72,563 70,595 1,968 1.24 1 Source: modeling base i on historic gaging station flow data(USGS, 1995). W:TROJ%916B1310\97EIR1347A6 SALS 518197 3.4-45 EXHIBIT A - Page 10 of 2. CITY OF ATASCADERO CITY COUNCIL MINUTES ,r d d d d r o o o IDi i > (D N D Ul D 1 p ►-L-j 0 - r)n 1 o crq CD v c q C'� EXHIBIT - Page llot CITY OF ATASCADERO CITY COUNCIL MINUTES � Up oro Po O CD � cn 4rq (D r } i zAnibi a - rage 1L oz z, CITY OF ATASCADERO CITY COUNCIL MINUTES on O � nloll � O O age 13 of 2 CITY OF ATASCADERO CITY COUNCIL MINUTES v-N O I-1-Jo 00 �P W 0 o \ Oo 0 o N �' CIS N . \'o \-o Oo W W ul w a1*-N w i i i i i \ �1 Cal N O 10 W �+ N � 0 EXHIBIT A - Page 14 of 2: CITY OF ATASCADERO CITY COUNCIL MINUTES x �w ocn r N a cn crq cn Cn O D N 00 X d0 O CnD V CD CD CD w EXHIBIT A - Page 15 OF , CITY OF ATASCADERO CITY COUNCIL MINUTES o t0 ko \O \O t0 tO 00 00 00 00 00 00 00 00 00 00 J J -1 �1 J J J J J J O � 00- J O\ llA W N �-- O .O 00 J O" to A w N •--• O � i i i lD �Dt0 �0 tD tDV tD 00 00 00 00 00 00 00 00 GD 00 -] -] J J J J J J J At O (� 0% In A w N O %D 00 J O\ to A w N O t0 00 J CN to A w N m � o 1. 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C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p• 0 ..r �-.. N 00 - 00 w ..� N y A �• w _.. _. ._. N to w CD �+ tJ 00 O � -- to J to W O vt O C N � w �I c\ 00 p t W - A w O Oo w A J N � tD Oo p tD N A D\ D\ A 0o N to J O t0 w a 00 tD o A A O _ A _ w tJ J iT w oo C �7 ` tD A W J 0 0 0 0 0 0 O O to W O 60 V' � O O � 60 v' O O v 00 N W O O O O O Co O O O O• O W N A N N w N w vD A t0 A J 00 00 to N G1 iT O v ._. \o 0o O to A v .o 00 �0 00 to J a\ J N N A 'asw tD ^ to J CO v w J 'A VJi D1 V w W co A J � CN N w N ON 00 ... W c) w N O O w J p N N -� N to A C p �.] O "'11 O A J A J C C p 0 0 0 6 0 C O O p O 6 0 0 p 0 0 O. O O 0% 0\ \0 N O O O O O O O O O O O O O O O O O O O y nAnIZIT H - YdyC 10 VL G CITY OF ATASCADERO CITY COUNCIL MINUTES I co co co co co CD 0o CO co co 00 00 07 00 00 co J �! V V �! -! -, -4-1 (D Ln 4 W No co 0o V W Cn A W N -+ O (D Co 14 W U) A W N -► N (o (D O cD (D (D (D W 0o WW 00 0o W M W00 -J V -1 V v V v v W U) .P W N " O (D CO V 0) Cn 4h, W N -+ 0 (D OD -J W 01 -P. W N U) •P W -+ N W •? N W -P 4 W 4 .4 4 -+ N W 4 W v Cn CO W N a -+ O v -+ v j a 1 Cn Cn V -+ V cn J Co •A 4 N W N V co (D V -I -1 'moi V V co co (n v m 4 N (D (D O (D 4 -+ 4h. 4h. J 4 (o — 'C�" (D (D Co (D (D (o O Cn O O ()I N -. CD 0 N (n N O Ln O � - N N O) (o N N p. N N N O () W N CO N W D) (p W N V (n -� -� Ut -+ O N j O) 1 aD W �, O• �• N cn l� " Ln W -+ N 4 W N O N O) O 1 (.n 0) - (D v v N p LU m W 0) O O) Co 1 O CD O N W Cn -A (D — v — V o) N N O) -1 4 (D a O 1 (n (D N (D U) U) O W " (n (D W (n " G) 01 V (D N (o O) — CF) N O 00 (D V O W W O — " U) 00 a7 (n — " (n Cn (D N 00 N " (D 7 U) r 0• (n N << (D D_ O) N p ► N 1 N " 0) O -• N N A 00 Cu (n O O v (D N co J co U) (n (n 00 v 3 (D N (D -1 CO CO Cn N W W -gh. (n W 0 0 0 " (n cn W N M 4 M W N o v W V (n W W (n -P O M (D (n v W (D 0) M V W -+ O co C n CD Co CO CO 00 C0 CD 00 CD CO CO W CO CO 00 W CD 00 00 CO 00 CO 00 Co co 0 (D O cD (D cD (D (o cD (o CD (D co (D (D (o (D co (D (o co co (O (o co (D (D -1 -1 -4 -! J V -! �1 -1 V -! -J V �J -1 V -1 -! -1 �I v v V V v -1 -1 -! -! J V -! -I -! -I �l �I �I �! V �I �! -1 -I V -J -! V V -4 c c O m 3 3 � co co co N + -+ N N N co N N W co W N Co w W N W $v < O O I p co co (D W O (D -1 .A -1 " J -I O O O N 00 O N co V W p' CO 0) (D Cn W CO (n O CA CO CD U) 00 N — (n N W .A N 0) Co Co CO U) (n v v 4 W J " -1 -I CO (o N -� O) 4 (D U) 0) 0) O (D W 4 (D CD � O � "O C CD (D I < O � -0, W 4 -+ N W •A N W � � W A � �A -j N W -P W 1 A) O. a C2. � O a7 — — — 1 v (n W W N � --� CO v j � 4 ...i _a _a Cn 01 v -+ 4 N n n N J v U) -! 00 � A N W N v CO (D V v v v v V 00 CO (n -J W 4 O -« •+ (D (D O cD -? " 4�, 4 v � (D -+ (D (D (D (D (D (D O Cn O (D (n N c- 0 O O N N U) N O (n 0 P -A N N W cD N N A N N N O W W N Co N C O O O O O D CA m 0 N \ 3 � tD < < N O) cn (o A O = Q. CL O � (n 1 W J O (D •4 N V C (D (D - - - - - _ C2 CL v Co -co O (n -+ O O N " co -` O 33 `cr`< 33 O v — W 0 co 00 W Cn v cD O -1 r 0 r i i r r r j i r Q) r Cn O O r pi -w (n (n -+. 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Ocn Ln W NNI �i 0) W O) O) N O co � NNNa\ -4 r t i r r O r r 00 r CD co . . r 00 W (n I Co N 'W (n N 0 A O Co W N 0 0 0 0 V W CD,O W O -+ (D O W W Q) O (0 00 0 0 0- V V --, (D lb O O) V 0o O W A 4 �4 N 0 -+I N -4 -+ -+ 00 (D W O N -! — (o -N W O O o ,0 8-01-0-0 \0o ° .10-0 \0o \ 10-0 0\o 0\ 0�° 0 0 0 _0 CD 3 CD Q i CITY OF ATASCADERO CITY COUNCIL MINUTES o n CD o O Cl w00 0 p O � w Q0 N � � � O � � O CD O CDo > � CD It Page 18 o CITY OF ATASCADERO CITY COUNCIL MINUTES �y. Qu W W N C)*,\ 0 Cb . 00 N O `0 U-1 W 4� n W N 0 0 0 0 ul 0 0 0 0 O c� } EXHIBIT A - Page 19 0 CITY OF ATASCADERO CITY COUNCIL MINUTES C}i W W W N • � W � � o P KD o � Q rTl MMIBIT A - Page LU of li CITY OF ATASCADERO CITY COUNCIL MINUTES & r n I �r ,.(D op � r-t- �—► '� � r-t- cn � n Oft- p W O O P Q-Q H aq • cn � CD O `� cn O � a o 3 � � CITY OF ATASCADERO CITY COUNCIL MINUTES N N 0 N � Z3 � W rft* � ca� � ooa° • CITY OF ATASCADERO CITY COUNCIL MINUTES 3057 S. Higuera St. , Sp. 155, San Luis Obispo, CA 93401 . 1 . 10 July 97 Community Developm nt Dept. , 990 Palm St. , San Luis Obispo, CA 93401 . ATTDI: Glen Matteson, Associate Planner Dear Sir: I Would like to of fer the following comments regarding the Revised Draft Environmental. Impact Report for the Proposed Salinas Reservoir Expansion Project. Although I have been a resident of San Luis Obispo since last December, prior to that time I was a resident of Atascadero for 37 years and still own a home in that city. In addition, I have been a member of the City Planning Commission ( 1988-92) and twice a member of the City Council ( 1979-82, 1994-96) . I am currently a member of the North County Water Task Force. 1 . ES-15: All new oak acreages should be specified to be located in the North County. 2 . ES-19, Visual & Aesthetics: The inundated, dead trees should not be removed. The provide excellent cover for fish populations. David Highland, DFG Fishery Habitat Restoration progrem ( 805) 466-0341 , has done extensive habitat restoration at the lake over the past 5 years and should be consulted on this. 3. 2. 4-10: As a long-time fisherman at the lal:e, I find the loss of the White Oak launching facility and the proposed mitigation to be unacceptable. The current flarina facility has the capacity to launch 3 boats simultaneously and the White Oak two. A single launching ramp, with expanded vehicle parking, will create launching and retrieval congestion, at times of high usage, which do not currently exist. The proposed mitigation will not correct this problem. 4 . 3.5-22, par. 2: "many years" is too indefinite. Suggest a .figure --- 10 yrs, 20 yrs, 40 yrs? 5. ES-7 & following, Alternatives: There is no consideration of the availability of water, as demonstrated in a 1974 study (as per Fred Strong) , im the 7 Sisters & Los Osos Valley corridors. Why not? 6. 3.13-3: "Non-res ident ial growth should not out-pace residential growth" . The current jobs/housing ratio of 1 . 27 indicates this has not been enforced in the recent past. No mention is made of potential new jobs in the City due to proposed population growth. 0 Why not? Will such jobs increase maintain or increase the current ratio? � 1 nzmibil• is — rage z oz Gs CITY OF ATASCADERO CITY COUNCIL MINUTES 7. 3. 13-11 , Table 3. 13-1 : Population figures in this table include the population of Cal Poly. .A footnote states that Cal Poly has a separate water entitlemerit. If this is true, why include Cal Poly' s population a table which relates City water requirements to population projections? If one subtracts an estimated CP population ( 16M) from the 1997 City figure (45M) , one is talking of a water related City population of 29M. Thi s would project to a 2002 figure of 30.51.1 and a 2022 figure of only 37M. 8. ES-14, Plater Resources/Quality: Mitigation Measures: This recommended measure is not currently considered to be feasible" . This section needs to be revised to correct potential misinter- pretation by the public. While the statement is technically , correct, the Atascadero hearing (9 July) clearly demonstrated fosters a public interpretation that the City of SLO is unwilling to enter into a regional management agency. I know this interpretation is incorrect. Perhaps an additional statement, indicating the City's willingness to 'enter such an agency (if & when it is formed) , would eliminate the misinterpretation. 10. Analysis submitted by Bob Roos: The analyses submitted raise legitimate questions regarding the DEIR' s statistical methodology. PJoodward-Clyde needs to justify the methodology used and explain why they consider Roos ' methodology is not justified regarding the project impact on spill outflow. It is well-known that statistics are subject to multiple interpretations (I have over 40 years experience in statistical analyses) , so the credibility 0 and impartiality of the City' s "experts" must be firmly established. Sincerely, O George P. Iighland a ADERO P, NIGN�AP EXHIBIT B - Page 3 of 23 ��+il` linas Reservoir Expansion Project CITY OF COUNATASCIL MINUTES P � CITY COUNCIL MINUTES The Project This project will ins all a gate in the existing spillway of Santa Margarita Lake dam to raise the lake spi I elevation from the existing 1301'to 1320'..1 This will increase the storage capacitr of Santa Margarita Lake about 18,000 acre feet. 23,843 acre feet to 41,792 acre feet.'. Lake size will increase from 730 acres to 1195 acres.3 The City of San Luis Obispo has a permit to store 45,000 acre feet and to take up to 12.4 cubic feet per second from the reservoir'. 12.4 cubic feet per second equates to 8977.2 acre feet per year.' The pipeline system to the treatment facility has a limita ion of 9410 acre feet per year.' Water usage by the city of San Luis Obispo since 1980 has been as little as 490 acre feet/year (90-91) and as much as 7272 acre feet/year (83-84), the average use has been 4304 acre feet/year (1980-1996).' The safe annual yield from the combined operation of the Whale Rock and Salinas reservoirs is now estimated to be 7235 AFY, this project will increase that by 1650 AFY to 8885 AFY. Groundwater supplies the city with 500 AFY.' The City of San Luis Obispo has estimated they will need 11,596 AFY for their estimated buildout population by the year 2022? An analysis of reservoir operations should presume the city will eventually use somewhere near their permitted amount of water. Reservoir History Water flow into the reservoir has averaged 23,652 AFY. The low was 772 AFY in 76-77 and the high was 99,842 AFY in 82-83. Rainfall averaged 1,107.98 AFY. Livestream maintenance used an average of 2,183.79 AFY, losses from evaporation averaged 2,769.61 and city usage was an average of 4,477.39 AFY.10 Analysis This project will lesson the amount of water that flows in the Salinas river through Atascadero, Templ ton, Paso Robles and other downstream points. The question is how much of a reduction? The EIR calculates the average annual effect of this ' Section 2.4.2.1, page 2.4-3 2 Section 2.1, page 2.1-1 3 Section 3.2.1.1.2, page 3.2-1 4 Section 3.4.1.1, pace 3.4-1, One acre foot = 43,560 cubic feet or 325,851 gallons ' 12.4 cu ft X 60 se /min. X 1440 min./day X 365 days/yr. / 43,560 cu ft/ acre foot 8 Section 3.4.1.1, pa(le 3.4-1 ' Table 3.4-1, page .4-30 8 Section 2.2.2, page 2.2-1 9 Section 2.2.2, page 2.2-1 70 Table 3.4-2, page 3.4-32 Page 1 EXHIBIT B age 4 o CITY OF ATASCADERO Salinas Reservoir Expansion Project CITY COUNCIL MINUTES project in Spreckels to be 0.45%. Paso Robles - 1.24%, Atascadero - 3.52% and at the outlet of the dam - 6.45%.11 Drainage area for the Paso Robles gaging station = 390 square miles Drainage area for the Salinas Reservoir= 112 square miles 12 112/390 = 28.7% Relationship of Dam Outlet Flow to Downstream Flows.13 Year Rainfall Dam flow Atascadero -% of Paso Robles % of Paso AFY flow,AFY Dam flow flow,AFY Dam flow Robles14 # 72 7.69" 1,145 2,660 43% 773 148% 73 23.15" 20,356 60,300 34% 144,558 14% 74 17.42 9,209 21,500 43% 94,874 10% 75 12.79" 1,743 6,400 27% 36,651 5% 76 5.32" 867 1,720 50% 0 Undef 77 11.47" 528 1,820 29% 0 Undef 78 26.79" 69,286 140,500 49% 222,856 31% 79 13.95" 7,153 15,100 47% 36,553 20% 80 19.45" 52,365 94,200 56% 191,354 27% 81 12.31" 2,719 8,690 31% 34,211 8% 82 14.78" 15,6501 38,600 41% 93,312 17% 83 27.20" 94,264 154,100 61% 380,594 25% 0 84 9.35" 2,859 9,650 30% 31,767 9% 85 9.56" 1,929 3,370 57% 8,750 22% 18.03" 35,048 35,600 98% 127,596 27% 8.8" 2,044 2,100 97% 3,985 51% 13.70" 1,982 2,100 94% 7,107 28% r7.69" 1,588 1,700 93% 4,612 34% 90 8.30" 825 1,042 79% 263 314% 91 857 8,884 10% 29,200 3% 92 1,487 16,330 9% 56,776 3% 93 44,815 57,245 78% 208,314 22% 94 2,273 2,463 92% 5,420 42% Ave 12.33" 18,223 29,829 61% 74,762 24% The important question is: Does the raising of the spillway height and making the reservoir capable of storing an additional 18,000 acre feet matter to the north county? This table which shows that 61% of the Salinas river flow through Atascadero and 24% of the Salinas river flow through Paso Robles comes from the facility in question, and the fact that almost 30010 of the drainage basin could be t1 Tables 3.4-17, 15, 14, 13 12 Table 3.4-3, page 3.4-33 13 Tables 3.4-13, 14 & 15 74 Rainfall records from Historical data at Paso Robles City Water Works Page 2 EXHIBIT B - Page 5 of 23 CITY OF ATASCADERO Salinas Reservoir Expansion Project CITY COUNCIL MINUTES retained and divert d out of the basin suggests that this project could have serious consequences for the north county. • Calculation of the Average g So why do Tables 3 4.13, 14 & 15 say otherwise? A 6.45% flow reduction at the dam, 3.52% in Atas adero and 1.24% in Paso Robles do not seem to be significant impacts. There are several pieces to this puzzle. 1. The calculated a ect is an average. The years when there was no spill flow because it was a dry year are included as well as the years like 77-78 and 82-83 when there was 3. lot of flow. But what really is of interest is those years when there is a modes amount of flow. Or after several dry years and then one or two average ye s then another dry spell. 2. The next piece o F the puzzle is again associated with that average. Each of the tables has rows f numbers and the bottom row is the average of those numbers. One rould expect the project impact average to have been obtained by dividing average "Project Impact" by average "Historic Spill'just as was done for each of he years in question. But what actually was done was to add up the "Project Impact V numbers, including all the zeros for those dry years and divide by 24 The difference is illustrated below: At Dam Atascadero Paso Robles Project Impact Total/24 6.45% 3.52% 1.24% (EIR)15 Ave Project Impact 11.2% 6.6% 2.6% /Historic Spill 3. It is useful to t nk what this project is really about, increased usage of the water in the SaInas reservoir. And because that is the case it would be more illustrative to determine what would the ongoing effect of this project would be if the high usage were in effect for several years. To do that divide the "Project Impact AF" by the "Existing Dam 10,000 AFY Demand, Total Flow Below Dam". Doing th at would change the Project Impact in the years there was an impact to the following percentages: Year 73 1174 78 79 80 82 83 84 186 93 95 1 Ave EIR 33% 113% 16% 16% 2% 14% .6% 6% 9% 40% 6% 11.2% Alternat 60% 19% 19% 21% 2% 18% .6% 7% 10% 56% 7% 13.1% method Not much of diff brence most years but the numbers for 1973 and 1993 do vary quite a bit. 4. Another questionable aspect of the tables is the construction of the spread sheet that calcul ted what the flow reductions would be if the dam were raised and the city increased their usage to the permitted value. t5 Tables 3.4-13, 14, 15 Page 3 3 EM1811. B Page b of Z-.— CITY CITY OF ATASCADERO Salinas Reservoir Expansion Project CITY COUNCIL MINUTES Table 3-4.13 in the EIR made two cases; one with the existing spillway height and a city usage of 10,000 AFY, and one with the spillway height raised- again • with a city usage of 10,000. In the six years between 1986 and 1992, all dry years, the input to the reservoir in the form of rain and stream inflow was only 40,216 AF. This had to supply 60,000 AF to the city plus 8,786 AF to supply the live stream and 11,459 AF evaporated. Start = 40K In = 40K Out = 60K+ 9K+ 11K= 80K 40K+ 40K- 80K= 0 This simple calculation seems to indicate the reservoir would be empty at the start of the 92-93 year and of the 51,699 AF that went into the reservoir that year" all of it would have gone either to the city or to fill up the reservoir or to the live stream or lost to evaporation. But Table 3-4.13 says the next year 12,565 AF were spilled. A spread sheet for a raised dam and 10,000 AFY city usage was made using the historical values in Table 3-4.2 for Rainfall, Inflow, Live stream releases and Evaporation. The amount of water in storage at the end of year 70-71 was used as the starting point. This made it a simple number crunch to balance the inputs and outputs to calculate the year end storage levels. Using the Table 3- 4.2 values for evaporation and rainfall is considered to be a conservation assumption. The calculations did not agree with Table 3-4.2 and showed flow reductions at the dam from historical values of 34%. The volume of the spills decreased by 39%. To review: Average numbers for the impact of the flow reductions at the dam and we have gone from 6.45% to 11.2% then 13.1% and finally to 34%. Does it matter? A review of table defining the percentage of river flow at Atascadero and Paso Robles that was Salinas reservoir water seems to indicate that this project will negatively impact water resources in the North County. Mitigation Does the EIR state there would be negative impacts to the north county from this project? The following sections of the EIR state or suggest that it does. 3.4.1.2.1, Downstream Hydrology. "The river forms the western boundary of the Paso Robles Groundwater Basin and contributes substantial quantities of water to the aquifer." 3.4.2.2.3, "Ground Water Recharge. The primary potential impact of the proposed project on groundwater resources would be the potential reduction in 's Table 3.4-2, page 3.4-32 Page 4 CITY OF ATASCADERO Salinas Reservoir Expansion Project CITY COUNCIL MINUTES groundwater recharge in the downstream areas affected by the reduced annual flow." 3.4.1.3.1 Paso Robles Groundwater Basin. "Duringthe 1960's and early Y 70's, overdraft in the Paso Robles groundwater basin is estimated to have been over 30,000 acrefeet per year, and the water level in the aquifer had declined at an average or 0.9 feet per year over the previous 10-15 years. (DWR, 1979) In 1985 overdraft was estimated to have increased to 40,000 AFY(DWR 1991), and by 19 33 the basin was estimated to have a net annual overdraft of 57,621 AFY(Fu o-McClelland, 1993a)." 5.2 Unavoidable Adverse Significant Effects - Water Resources/QualitV "However the c ulative effects of the project when considered with the overall surface water diversions and groundwater withdrawals by all downstream users could be considei ed a significant environmental impact, especially with respect to groundwater c uantity and quality, riparian habitat, and instream fishery habitat." The EIR considers Operation Mitigation measures in Section 3.4.3.1.3 and is willing to consider potential. mitigation measure Water - 3: "Participation in a sin-wide management plan (that includes maintenance of minimum flows at designated locations) if the majority of downstream surface water and groundwater users agree to participate on an equal basis in order to enable the plan to be effective. The authority to require and implement such a basin-wide plan for I he Salinas River is not within the jurisdiction of the city, thus this potential mitig tion measure is not currently considered to be feasible."17 The city does not have authority to implement a basin-wide management plan but the mitigation meas are can still be implemented in at least one manner: Expand the live stream agre went. An example of what could be done is as follows: "When the live stream no longer exists 30% of the water volume contained above 1301' on the date the, live stream ceased to exist will be used to maintain a live stream until that water volume is exhausted or alive stream again exists due to rainfall. The manner of operation of the 30% water volume above 1301' may be modified by a basin Aride water management plan if one is established among the various water interE sts of the upper Salinas river-valley." 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O Cn V CO CD O � b W -+ (J1 N 0 N Cn Cn V 0 Cn rn (D 4h, rn A j �. �: ,0,,, to '�'' O W V O Cn Ut (Jl -1 A (n CO 1 1 1 1 1 1 (Jl 1 O A (n 1 -+ W (D 1 / 1 V CO (D ...a Cn 'j A -+ A V V CO O A V A A m (b (D (0 V (n " in m j N N A -CO O (D V w N (ND V O V (p Cn CS V a, 1 CO 1 1 1 1 1 1 N 1 O Cn 1 (D W C O1 1 1 V (.� (n (D > 1 V N CO A A 3 CO SU V CO Cp M N V p O (n E V (D C)1 O CD CA j ► .a 7 CD V (n W 0) O N O j (D - 1 1 1 1 1 I I O 1 1 A CO 1 (D W 1 1 1 CO (b 1 W s 1+ EXHIBIT B - Page 9 of 23 CITY OF ATASCADERO CITY COUNCIL MINUTES TABLE 3.4-14 ANALYSIS OF REDUCED FLOWS AT ATASCADERO` Reductions(AF) Estimated Flow(AF) Historic Histori - Historic- Raised Existing Dam Raised Dam Estimated Estimated Flow Existing Raised Dam 10,000 AFY 10,000 AFY Project Impact(%of Year (AF) Dam Dam Impact Demand Demand Impact Existing Flow) 72 2,660 16 716 0 1,944 1,944 0 0.00 73 60,300 8,948 15,750 6,802 51,352 44,550 6,802 11.28 t/ 74 21,500 2,M8 3,949 1,221 18,77217,551 1,221 5.68 75 6,400 0 0 0 6,400 6,400 0 0.00 76 1,720 0 0 0 1,720 1,720 0 0.00 77 1,820 0 0 0 1,820 1,820 0 0.00 78 140,500 9,313 20,646 11,333 131,187 119,854 11,333 8.07 79 15,100 1,855 2,964 1,109 13,245 12,136 1,109 7.34 80 94,200 2.597 3,550 953 91,603 90,650 953 1.01 81 8,690 0 01 0 8,690 8,690 0 0.00 82 381,600 3,448 5,587 2,140 35,152 33,013 2,140 5.54 83 154,100 4,079 4,621 5411 150,021 149,479 541 0.35 84 9,650 488 650 1611 9,162 9,001 161 1.67 85 3,370 0 0 0 3,370 3,370 0 0.00 86 35,600 3,150 6,385 3,235 32,450 29,215 3,235 9.09 87 2,100 0 0 0 2,100 2,100 0 0.00 88 21100 0 0 0 2,100 2,100 0 0.00 89 1,700 0 0 0 000 1,700 0 0.00 90 1,042 0 0 0 1,042 1,042 0 0.00 91 8,884 0 0 0 8,884 8,884 0 0.00 92 16,330 0 01 0 16,330 16,330 0 0.00 93 57,245 13,255 31,013 17,758 43,990 26,232 17,758 31.02 94 2,463 0 0 0 2,463 2,463 0 0.00 Average 29,829 2,199 4,167 1,968 27,6301 25,663 1,968 3.52 Source: modeling based on estimated historic flow data developed using Morro Group methodology(Morro Group, 1991)(note: no gaging station c ata are available for Atascadero). WAPROA916B131D197EIRZATABSALS 5/8 7 3.4-44 EXHIBIT B - Page. 10 of-'2; CITY OF ATASCADERO CITY COUNCIL MINUTES TABLE 3.4-15 ANALYSIS OF REDUCED FLOWS AT PASO ROBLES` Reductions(AF) Estimated Flow(AF) Historic Historic- Historic- Raised Existing Dam Raised Dam Estimated Estimated Flow Existing Raised Dam 10,000 AFY 10,000 AFY Project Impact(%of Year (AF) Dam Dam Impact Demand Demand Impact Existing Flow) 72 773 716 716 0 57 57 0 0.00 73 144,558 8,948 15,750 6,802 135,610 128,808 6,802 4.71 74 94,874 2,728 3,949 1,221 92,146 90,925 1,221 1.29 75 36,651 0 0 0 36,651 36,651 0 0.00 76 0 0 0 0 0 0 0 0.00 77 0 0 0 0 0 00.00 78 222,856 9,313 20,646 11,333 213,543 202,210 11,333 5.09 79 36,553 1,855 2,964 1,109 34,698 33,589 1,109 3.03 80 191,354 2,597 3,550 953 188,757 187,804 953 0.50 81 34,211 0 0 0 34,211 34,211 0 0.00 82 93,312 3,448 5,587 2,140 89,864 87,725 2,2401 2.29 83 380,594 4,079 4,621 541 376,515 375,973 541 0.14 84 31,767 488 650 161 31,279 31,118 161 0.51 85 8,750 0 0 0 8,750 8,750 0 0.00 86 127,596 3,150 6,385 3,235 124,446 121,211 3,235 2.54 87 3,985 0 0 0 3,985 3,985 0 0.00 88 7,107 0 . 0 0 7,107 7,107 0 0.00 89 4,612 0 0 0 4,612 4,612 0 0.00 90 263 0 0 0 263 263 0 0.00 91 29,200 0 0 0 0 29,200 29,200 0 0.00 92 56,776 0 0 0 56,776 56,776 0 0.00 93 208,314 13,255 31,013 17,758 195,059 177,301 17,758 8.32 t/ 94 5,420 0 0 0 5,420 5,420 0 0.00 Average 74,762 2,199 4,167 1,968 72,563 70,595 1,968 1.24 Source: modeling based on historic gaging station flow data(USGS, 1995). W:kPROM16B1310197EIR%3-4TABS.XLS 5097 3.4-45 a CITY OF AT..�ASCA)ERO mR.9 3. i QggR9 `�.g, ,/ A:ate ITY COUNCIL MINUTES Robert L. Roos. July�, 1997 2550 Homestead R . Templeton, CA 93465 805 466 656,1,- Glenn Matteson Planning Department City of San Luis Obispo 990 Palm San Luis Obispo, CA 93401 Re: Comments of raft EIR for Salinas Dam Expansion Project Dear Mr. Matteson I would like to offer the following comments on the downstream effects of the raising the spillway height of the Salinas Reservoir from it's present 1301' to 1320'. In my opinion there would be significant negative downstream effects to this project to the uppez reaches of the Salinas River valley. In Section 5.2 of the DEIR the statement is made that the average downstream flow reductions are relatively small compared to the overall historic flows in the Salinas River. I disagree and will make a case for my opinion. Tables 3.4-13, 14, 15 are spread sheets used to determine the yearly project impacts for the Dam outlet, Atascadero and Paso Robles. Yearly impacts were determined by dividing the reduction in spill flow to the historic flow for each year. The Average Project Impact is given as: • 6.4 %, 3.52% and 1.24%. Those values were calculated by adding the yearly averages and dividing by the number of years in the table. That certainly is one way of doing it but, if the "Average Estimated Project Impact (in AFY)" is divided by "Average Historic Total Flow (again ii AFY)", the percentages of impact are somewhat higher: • 11.2% 6.6% and 2.6%. But comparing project impact to historic flow is incorrect. The project impact was determined by comparing calculated river flows for two cases. Case one was the existing spillway h fight and a city usage of 10,000 AFY and the case two was for an identical city us ge with a raised dam. Therefore "Project Impact" should be divided by the case two flows. Doing so gives estimated Project Impacts of- U11% f1 .1% 7.1% and 2.7% However the conce is the loss of water volume in the river during the wet years when flushing of th a river takes place. It is illustrative to compare the percentage of reduction of spill flows from the reservoir for the two cases. From Table 3.4-13 The average "Project Impact" (2041 AF) divided by the average "Existing Dam, 10,000 AFY Demand - Spill(AF)" (13,302 AF) equals: Page 1 EXHIBIT b - rage 11 o CITY OF ATASCADERO CITY COUNCIL MINUTES • ' 15.3% That same method of calculating the "Project Impact V should be applied to Tables 3.4-13, 14 and 15. Doing so will increase the Estimated Project Impact for each year there was a spill. The table below illustrates the change in estimated impacts for spill flow below the dam: Case One Case Two Calculated Spill Calculated Spill Project Impact% Impact Existing Dam Raised Dam Case One less Calculated by Height, 10,000 Height, 10,000 Case Two Dividing Impact AF Demand AF Demand by Case One 73 11,000 4,198 6,802 62% 74 5,339 4,118 1,221 23% 78 58,436 47,103 11,333 19% 79 3,738 2,629 1,109 30% 80 47,914 46,961 953 2% 82 10,807 8,668 2,140 20% 83 89,075 88,534 541 0.6% 84 161 - 161 100% 86 11,145 7,910 3,235 29% 93 30,323 12,565 17,758 59% 95 51,302 47,577 3,725 7.3% Total 319,240 270,263 48,978 15.34% Ave / 24 13,302 11,261 2,041 15.34% Ave / 11 29,022 24,569 4,452 15.34% Sum of the Averages Divided by the 24 Years of Table 3.4-13' 14.63%1 Sum of the Averages Divided by the 11 Years a Spill Occurred 31.91% Pursuing this logic a step further, the major concern to the north county is the reduction is spill flow and not the reduction in total flow. This concern is based on "cleansing flow" and occasionally having massive amounts of water to increase the hydraulic " y pressure to recharge the basins to name but two. Therefor one could say with some justification that adding up the Impact percentages and dividing by only the years there was a spill provides a useful method of measuring overall impact. That method of determining overall all impact calculated a impact percentage of.- 31.91% f: 31.91% at the dam All of these methods of determining the percentage of impact use the data supplied in the D EIR and are mathematically correct, they are just different ways of comparing the data. P g However, in my opinion the methodology for determining impact is flawed because the assumed city usage, 10,000 AFY is from the cities two reservoirs.s. No estimates of Salinas reservoir use alone are given. The usage patterns of today and constraints placed on the model today may not be in use 50 years from now. This EIR review process must evaluate the highest possible use from the reservoir. Determining that number is difficult to do. Several maximum usage rates are possible; the estimated safe annual yield of the reservoir, 7100 AFY(a Page 2 1 EXHIBITB - Page 13 o CITY OF ATASCADERO CITY COUNCIL MINUTES difficult number todetermine), the maximum permitted value of 8977 AFY or the maximum pumping capacity of 9409 AFY are all possibilities. Enclosed please find spread sheets fort o assumed uses of 7,100 and 8977 AFY. For the 7100 AFY the "Average" P ercenta a of impact of the spill reductions at the P g P dam were calculate several ways: • Adding the impact percentages and dividing by the 25 years of the study- 21% • Dividing the sur i of the spill reductions by the sum of the historic flows - 19% • Dividing the sum of the spill reductions by the sum of the historic spills - 21% • Adding the impact percentages and dividing by the 13 years when a historic spill occurred - 9% • And for the 8977 AFY demand case the Average" percentage of impact of the spill reductions at the d,-LM were again calculated several ways: • Adding the imp ct percentages and dividing by the 25 years of the study - 30% • Dividing the sum of the spill reductions by the sum of the historic flows - 29% • Dividing the sum of the spill reductions by the sum of the historic spills - 33% • Adding the impact percentages and dividing by the 13 years when a historic spill occurred - E 8% In summary it can hown that the project impact can be calculated several ways with results that vary from 6% to 58% and they are all ways of expressing what the downstream e cts of the spill reductions would be. It is overly simplistic to take one value, such as 6.45%, and say there will be very little effect on the upper Salinas River because of this project. It is equally misleading to state the effects of this project are a 5 % reduction in downstream flows without understanding the basis for that number. I believe a thorougb evaluation of all the flow reduction data will lead any reasonable body to conclude there will be significant spill reductions because of this project and there will be negative impacts due to those downstream spill reductions. These ilegative impacts will be manifested by: • Lower recharge ates for the underground aquifers. At least one of which is already determi ied to be in an overdraft condition. (DEIR Section 3.4.1.3.1 Paso Robles Ba in) • Reduction in wa-.er quality due to lower cleansing rates for the Salinas River. The River recei es treated effluent from at least two municipal sewage plants as well as numerous non point source contaminants. • Increased pumping costs for wells that depend on the Salinas River as their source. • Increased pump ng costs for wells that pump from underground aquifers such as the Atascade o sub Basin and the Paso Robles Basin. • Property value r eductions due to less water availability as underground basins become increasi gly overdrafted. • Decreased dispersion of sand and gravel. This will decrease the replenishment of sand and graN el mines in the riverbed. Page 3 s EXHIBIT B - Page 14 of 2: CITY OF ATASCADERO CITY COUNCIL MINUTES • Changes to instream vegetation. Occasional floods disrupt vegetation growing in the river bed: If floods are decreased in intensity then vegetation will build up to more compact masses and alter later flood flows. Negative impacts require mitigation measures Section 3.4.3.1. P Q g 3 of the DEIR did consider operational mitigation measures and states the city was willing to consider potential mitigation measure Water 3: "Participation in a basin-wide management plan (that includes maintenance of minimum flows at designated locations) if the majority of downstream surface water and groundwater users agree to participate on an equal basis in order to enable the plan to be effective. The authority to require and implement such a basin-wide plan for the Salinas River is not within the jurisdiction of the city, thus this potential mitigation measure is not currently considered to be feasible." True, the city does not have authority to implement a basin-wide management plan but this mitigation measure can still be implemented by expanding the live stream agreement. An example of what could be done is as follows: "When the live stream no longer exists, 30%of the water volume contained above 1301'on the date the live stream ceased to exist will be used to maintain a live stream until that water volume is exhausted or a live stream again exists due to rainfall. The manner of operation of the 30% water volume above 1301' may be modified by a basin wide water management plan if one is established among the various water interests of the upper Salinas river valley." PP ,Y Example: If the reservoir level on the day the live stream ceased to exist was 33,843 AF then 30 % of the excess above 23,843 or 3,000 acre feet i (30% of 10,000 AF) would be released in an attempt to maintain the live stream. The release would cease once rain restored the live stream or all of the 3,000 AF had all been released. During years when the water volume does not exceed 23,843 acre feet then there would no change from the present live stream agreement. Because the north county would be receiving additional water during months when. the Salinas river would not normally be flowing the negative impacts of this project would be somewhat mitigated. The basis for the 30% is the average of the percentage reduction in spills for the 11 years spills occurred in Table 3.4-13, see page 2 of this letter. If 30 % spill reductions are to be expected because of this project then setting aside 30 % of the additional water as a mitigation measure seems appropriate. Because simply extending the live stream may not be the best way to mitigate the effects of this project if a basin wide water management plan is established among the various water interests of the upper Salinas river valley, then that plan may determine better mitigation measures and then they can be implemented using the 30% of the "new"water. Sincerely, Robert L. Roos Page 4 EXHIBIT B - Page 15 of CITY OF ATASCADERO - CITY COUNCIL MINUTES 0 a C A �O t0 t0 t0 t0 Oo 00 00 00 00 00 00 00 CO 00 J JJ J J J J J 00 J CN U d w N A � 0 Ln o t- CD ami Cn Dm C tJ N N 00 'n t0 O J i0 N -- w J 00 in to U 00 JA A ci w N y N W J tw cc Nn 00. 000 N A W 110tpp O tkAtD A C J ONO J W N Opo tN0 x O N cr S7 N cn m � LA O v .= O O�0 v NC\ :..• N N tin �.i O �O J A- Qj J T O co C OO C G U O C d tr 0 --• w C 0 0 Zj w b � = C\ f9 rn + Q- O O LA U N LA J 00 0)00 00 N LA I A t0 Cb N G1 v W -� N U to �• to 000 N Ct A O U A Cn W 00 W V� J t!� 00 N J 00 tp tp d p tp V� W C\ 00 J w h•O _ r W - O °° a `" U > a o r O O J w 00 v.-. yy _ [C] c wo N cN -A c `° w w w o po X N N O W O O C O O U O U J p a OO C\ 0 0 0 t0 O O ^> T S. ,moo oC y ,.. U W W ^ a y 0-4 - W N N N `- -- -- .-. 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O ami r� c9 �• � C W A J Q\ A U W N O W v O. 0O'-4 U p 00 VGi m U lJt O. fD N 00 N 00 U C\ a �1� lJn ,� d a to o w c o 0 0 0 o vt o o J o o a Ct o o O t0 o T 3 c C7 0 0 � e N J CD_ tN C v w 0 d W C\ -Al A L O W I-- to O 000 O O O O O O U O O O w tp W O O O bi N O w P1u+ o �0000000t0Ov, owo .- v, o`t000ww '' D\ O C% 0 0 0 0 0 0 tJ O C\ Vf GY O 00 In to O O O N 1a p tit �' v r:, �e EXHIBIT B - Page 16 of 2 CITY OF ATASCADERO CITY COUNCIL MINUTES � c (j t %0 %O %0 00 00 00 w 00 00 00 00 00 00 J --1 �1 �1 —i J -4 -] J J cy to A W N -, O tD oO J to O1 t, W N -- O t0 OO -1 C, I, a W N —. O 'C m , i •• m t0 tO 10 W O ti t0 V^ t0 00 00 00 00 00 00 00 GO 00 J J -1 J kJ J J J W O� lJt A W N -- O J W N�O 00 C\ In A w 00 �d Q\ IA n A W N •-- 4 A m m � o y N N w N N r.) 1.) N tJ tJ N N N N N N N N N r.) N (J IJ N N tJ N ^ • 00 tD O b %0 �O 00 A to O\ 00 \0 00 \0 tO \0 t0 tO 1�0 \D J 00 \D t0 tO 00 t0 `� m m rn \0 00 O N 00 00 �-- w J CO N J to Ili %0 00 O1 00 00 00 A W J 00 00 A lJtcoo CD O A cn Ct J rn tJ �:0 Q\ O\ -- A O\ :s a J v a �O W �O :.4A L, O% C\ w i0 v 5 C v O- 0- A O O c 0 0 0 0 0 0 0 0 c O 0 05 0 0 0 0 0 0 0 0 0 N D En O. O 5 pt NN N - N DW W 00 N N O N W N " t>. N W tJ J A N O C\ NO -4 UO "0 w A \0 J O 1AN �] N -c\ A tJ O N 9 (� O� O\ 00 lli w O\ W A O\ to A J O N w O1 tO A > LA �1 .-• 0\ W J A A LA O\ N 00 C7\ O vt A �^ 00 O A J D\ w CA A :11 a\ a\ �O b% w J A' 00 W O O\ ON C o0 tl1 O O 00 O O GD O O = H a z C A W tJt N w �- � ..• N to G'1 � � J tl� C\ C\ tl1 Ot N N Q\ tl� tJl to tl� w �• C�y] A 00 O\ I'D 0\ \O p0 O\ t.n LA --1 J to N -- N O. w O O --• J J �O J %D 00 tp C7\ 00 w t0 LA A J 00 J A O O A N O N 00 t0 00 00 J la 00 O tJt tD A tD �] �O a, N w L" A oo W �O N bo tD '.0 O A O t0 w 00 00 t j iD "D %'D •� /� %0 110 ON 0 0 O O O O O O O O O C O O O O O O O O O C A W O fA �] - O z,. 00 00 tm CD O C~ 00 %0 J W 00 N ` wlllh W N NcN A 00 Aunt) �O J 0% 00 0 w �D J tp A Ot W Po ON ON ZA W O v J N ,.,� D EA � O N J tl� N DO tJ J O O O\ %0 O Oo Ot �: ID O t0 A O O N C\ O O O '�' M %0 A •-- O O C 0 0 0 0 0 0 0 0 0 0 0 0 O O N � /��+ 0 A N kA A A Ot w O J D t9 r p W O W 0 0 0 0 0 0 (.,) O a �.1 O i.n �I 0 0 0 0 1-0 c7N O, O C O O O O O O ULA O N A O O O J A' O d0 •A• Fr\ O J C c 0 0 0 c 0 LA A LA O X 0 0 0 00 0 0 '71 n � y c `G W N w �D O c 0 O O O O O O aDi h� Ln CIDo- O y z < +� Z. �A %0 1.0 %C w O A �O �I Ja -4 O O N m O tJ w J w �1 ^ M Ot 00 G1 tD t!t w oo In .— O " w 00 In w N w A N ON t0 00 00 N > w O1 01 00 0otit ON O Oo 00 A J 00 w 0 t0 0 C\ tJ la O %r- t) O\ O\ 00 tJ t) I' w 00 111 W Jam. _1 IJ O •V' w W w b-+ W LA t0 O C O O O O O O O O O O O O O O c 0 0 0 0 0 0 p• O ►.+ �-+ N Do y N LA A V 0� tD W _ r N tJt W •_ .. co �+ N Do O J to w o - LA o o N to w v � 00 ^ n O W W .-, A 1E w 0 00 w A v N Ot %D 00 O t0 N A ON Ot '- A 00 N N a •tj• v - O A '0 w A O 110 O a p O w O J W J Z, _ W iJ J O\ W 00 O `=7 to 'A w J C O O O O O 0 0 LA 61 O 00 U O O 00 N O O ?;.• 00 N W O O O O O O O 0 0 0 O tO A tO A 00 O\ O J LA J 00 00 t0 lJl J D\ J N A c" w t0 ^ N O 00 O Vii W V A VA Q\ J W W N A J D N w N C1 W w F w > 0 J O O O C N O O N O N to A. p O O J O O O v O A J %D N O O O O O Cl O c O 0 0 0 0 0 0 0 c 0 0 0 0 0 0 Qt O\ tD 0 0 0 O O O O O CO O O i - age o ���/ CITY OF ATASCADERO � - ` v�: CITY COUNCIL MINUTES GI- , Revised Draft EIR Report for the Proposed Salinas Reservoir Expansion Project Permit 5882 for 45, AFY of storage with up to 12.4 CFS of direct diversion. Dam currently 730 acies plus additional 395 acres. Safety: Earthquake and Dam Failure Diminished Supply of Water Downstream Increase the water an ly of City 1650 AFY - pretty expensive project for the amount of increase to City. ES-1 6.45% base of dam, 3.52% Atascadero, 1.24% Paso Robles - seems to be a floating figure ES-5 Maximum possible annual incremental reduction in downstream flow 97,949 AF. PA" Not mitigatable since releasing more water downstream would not allow the project's goals to be met and further regulation of downstream users and management Practices is outside the purview of the City ES-7 Nacimiento req ested allocation by City 3380 AFY. ES-8 Transfer H2O via pipeline from Salinas to Whale Roche. This alternative, if feasible would reduce project ted inundation effects at Salinas since the storage capacity of Salinas Reservoir would NOT be expanded. ES-9 Raise spillway 9-10 would reduce inundation effects and downstream flow effects associated with the proposed project. ES-10 No Project Alternative would result in the least environmental effect however would not meet project goals of City's projected water supply de-f�t of approx. 3861 by 2022. ES-I I Table ES-1 Many flawed mitigation impact decisions. Everything can not be insignificant ES-14 Table ES-1 17,949 AF reduction in downstream flow. Is this amount picked up with the Nacimiento project Read whole Sig Impact then Recommended Mit Measures. Consider participation in a basin wide management plan. IMPORTANT WE CONSIDER SUCH A PLAN AT Somg POINT TO SHARE IN THE AMOUNT OF NEW BACKUP FROM THE LAKE. THE LOSS OF SPILL AND THE FILLING OF THE DAM DURING THE WET WINTER MONTHS WILL NOT ALLOW FILLING AND CLEANSING OF THE PASO ROBLES AQUIFER. MOST IMPORTANT. ES-15 Tree ordinance Apply to City and County? NOTE: 2:1 acreage ratio thought this as 4:1 ES-98 Aquatic Ec. CE lif Red Legged Frog- quite a few were found when the state H2O line rapture occurred. Neat item no mitigation measures for North Salinas watershed due to flow reductions in the winter months of the wet years. ES-19 Visual and Aesthetics dead trees in the inundation zone. They surely don't intend to leave dead trees in their new lake! EXHIBIT B - Page 18 of 2 CITY OF ATASCADERO CITY COUNCIL 'MINUTES ES-19 Traffic and Circulation- maybe workers could use existing camp areas. ES-20 Growth inducement: What is true rate of growth. is this another Floating 9 ES-21 Energy Use - Maybe use the idle hydroelect�vover facility would be wise at this time. ES-22 Cumulative Impacts: If the bottom line is according to paragraph 3, thea they mare the case of damage to the North County Can this really be considered insignificant??????? 1-2 Historically the dam was not to provide water to the City, o nly the Camp. Sait does not make it so. SEE APPENDIX F PERMIT 5881 "AUTHORIZES USE OF WATER WITHIN THE ARMY CANTONMENT AT CAMP SAN LUIS " There is no reference to the City H2O until the permit 5882 was filed by the City.READ ORDER REGARDING EXTENSION bF TIME WITH PROTEST FILED. (LAST LIRE ON PAGE) NEXT PAGE READ #6 CONSTRUCTION WORK SHALL BE COMPLETED ON OR BEFORE SEPT. 30, 1970 WITH APPLICATION OF THE WATER TO PROPOSED USE SHALL BE COMPLETED ON OR BEFORE DEC. 1, 1981.) Very important Point. #8 New Permit Condition. Why were the Cities not notified of this at the time. 8-7-95 Would seem to be another lobbying item slid thru and who is RJ signing for Anton???? 1-2 "Spillway gate not installed at the time of construction due to uncertainty regarding geologic and faulting conditions" 2.1-1 2.1 Why are we storing 17,949 more AF if only 1650 AF safe yield is needed 2.1-2"downstream water use is small in comparison with normal runoff in the Jan through April period and that It significant portion of this runoff should be available for storage and diversion by the City during average and wet years in the foreseeable future" Maybe stored for use by North County for drought years, 2.2-1 "protection of downstream water rights and users" Where is this addressed in book? 2.2.3 "Other water supply projects being considered" Why no mention of springs and supply on Los Oxon ValleyRoad Area that the City put a cap on . Talk to Fred Strong about this. 2.4.1 Approx, 4400 acres of ACOE land surrounding Feds to County or other LOCAL ENTITY Who nd was this done???? be t �ferred from 2.4.2"possibly grouting of the bedcrock foundation of the dam to seal cracks in the bedrock that might otherwise leak once the water level in the reservoir was raised" What do they mean POSSIBLY? 2.4-6 See Middle of page. IS CITY WILLING TO INSURE DOWNSTREAM OWNERS FOR EARTHQUAKE AND FLOOD DAMAGE - NOT CURRENTLY AVAILABLETO NO. CO EXCEPT AT EXCESSIVE OWNERS IN THE PRICES - THIS DAM WILL MAKE THE POSSIBILITY OF THESE TWO INSURANCES FOR AREA UNATTAINABLE. 2.4-6 Last paragraph - conditions of right abutment are not adequate to support the dam under a presently considered to be or higher - It is considered LIKELY (orrm raised not likely) thatthethe abutmme elevation r of can e reinforced sufficiently ns rock can be fly ing post-tensioned rock anchors, to provide adequate support tooth dam and spillway under the ANTICIPATED SEISMIC AND INCREASED RESERVOIR LOADING. Are you comfortable with that statement???. age 19 or 2- CITY OF ATASCADERO CITY COUNCIL MINUTES 2..4-9 Woodward -Cly a seem to be under the opinion the dam will be in a fall condition an of the time with th wet winter months adding to the needed for additional discharge. This is a faulty assnm tion if the C is wring dry anmmer, chances City using the H2O d the � are with no inflow dur mg that part of the season, the dam would not be full if the City is using the H2O as they state in their need for more AFY. 2.4-10 "There are virtually no easily developable slopeS-above the proposes new maximum reservoir lei rel of 1320 ft. (White Oaf$ o3 acres) "For this reason, it is not Practical to replace each facility, in kind, immediately above its existing location nor ARE THERE ANY REASONABLY FLAT SITES OF SUFFICIENT SIZE FOR RELOCATION OF RECREATIONAL FACI ITIES. Is Ger aware of this?? 2.4.3.3 White Oak Area- "For the � V�^ Purposes of the EIR, it is assumed that the existing septic tank would be cLeaned out and properly abandoned in place and a new septic tank would be installed W/O a leach field but be periodically pumped out and transported offsite for disposal of s waste (Is this acceptable practice with potable water?) 2.4.2.4. Who pays for Increased maintenance of inundated North Shore access road - County or City? 2.4.22 Assuming that ownership of the dam is transferred to local control, dam safety etc-(City or County local control.) 2.4-23 Increase the Potential volume of any catastrophic dam failure or accidental release y up to additional 77,949 AF or water - stating this is a very low probability event. pay for it. Where will these people be if it becomes a very high probable event i.e. insurance to 2.4.23 Downstream rel ares associated with the live stream agreement have averaged approx. 2336 AFY between 1972 and March 1996. Does this figures include the 18 times the dam has spilled" important point as that "spill" is needed for falling and cleansing PR Aquifer. 2.4.24 "when the reservoir is naintained at it constant level, the outflow over the spillway is equal to the inflow to t bte reservoir (except for evaporation, seepage and infiltration which are substantial - are th figures included in outflow/inflow) 2,5.1 An overview of t iLe alternatives which have been considered is presented in the Executive Summ - Harry, check on this. 3.2-3 lot Paragraph Fish teeth?) 2.d Par. 3 Faults should read 4. 3rd Par. The largest fault shown on the ap to have a 68 degree dip to the west, is exposed between the southern and centri I abutment struts. Here, the fault consists of a narrow zone of steeply east-dipping parallel shears and fractures etc. Scares me1111 3.2-4 Maybe have an engineer explain this - beyond me. 3.2-5/6/7and 8 Very important that you read and understand these pages. 3.2.13 (3.2.2.2. ) " Could be potentially susceptible to geologic hazards in the long term" etc. ( I assum this is supposed to be a long term dam) 3/2-13 Geologic ha2 ards are typically determined to have a significant impact when an unacceptable num r of people and facilities are exposed to the hazard in an identified hazard zone. In otlier words, when the level of risk to people and structures is perceived to be too igh, the threshold is exceeded. Local, state and fed gov policies and regulations for evelopment in hazard zones provide general definitions of what acceptable (key wo ) levels of risk are presently perceived to be " Now there is a disclaimer if I ever eard one- If YOU think that the North Co. might get flooded with a dam failure due toe Rrthquake did you as Supervisor exceed the level of acceptable risk - whatever that meanal1 zAnlnl•r is - rage cu CITY OF ATASCADERO CITY COUNCIL MINUTES 3.2-14 more of same - Harry better read 3.2-15 6 landslide possible areas 3.2.-16 to and including 23 READ (It would seem to make sense to drain the dam, deepen by excavation and make repairs to abutments and install concrete apron while dam is empty. would be more cost effective ) of course, it would not gyve the county the larger Park they desire or the City their"Nacimiento" - by the way, is this potentially larger lake to be a body contact as per Nacimiento?? 3.228 Why are we being given the approximate distance to dam in KM, it is approximately 0.62137 miles. This is not acceptable and another method of convolution. 3.3-9 How does reducing truck emission reduce particle mater from grading. 3.4-1 My point is addressed regarding sediment but only through be even more excessive 5 years later. 1992 so assume it will 3.4.2 Hydrology If the average annual inflow has be 21,105 AF with a maximum annual inflow in 68-69 (what has been the outflow to the City over these years -the most water the City has ever appropriated in a year from Salinas Reservoir is 7272 (3.4.1.2.2) There have been 27 occurrences of monthly inflow exceeding 10,000 AF 1 out of 2 years. These figures should prove interesting. 3.4-5 While water law limits diversion of surface water and direct pumping from the river alluvium, use of groundwater in the upper Salinas basin has not been adjudicated and is thus not constrained. Be vigilant that this does not happen. 3.4-5 There is evidence that withdrawals from the Paso Robles Groundwater basin may affect flow in the river, especially during late spring and summer when flows in the river are typically low (low like in non-existent) 3.4-6 Might want to talk to someone about water quality which will become a major factor with less water in the river/aquifer. 3.4-7 and 8 This information regarding the Paso Robles Groundwater Basin is essential to our whole area. Please read and note "this concentrated draft may lead to locally inadequate water supplies Fn PP ( gro-McClellan d 1993a F Read 3.4-8 However, the cumulative effect of this overdraft could be significant if allowed to continue over it period of 25 years or more. 3.4-16 Increased Evaporation - current calculated to be an average of 2770 AFY (797.5 Month) with an increase of surface area of the lake would reach at peak of 903 AF per month. 3.4-17 The reservoir level is also expected to fluctuates that it currently docs since the percentage of water in storage that is diverted by the City would decrease substantially (what if the City uses more proportionately) 3.4-18 Total City demand was set at 10,000 AFY for both model runs to simulate the total City demand under the worst case scenario - two modifications were made to the original file for the purposes of the EIR assessment: Why were these modificationsmade? 3.419 through 23 MUST READ. 4.2 Peak Discharge (Maximum water depths decrease rapidly below the canyon month due to the widening of the river channel. Atascadero maximum depth 20 to 25 feet and remain at that depth until San Ardo. (10 Feet) Raising the dam causes the peak to arrive sooner at locations below the canyon month. Bradley almost 1 hour earlier for peak water surface elevations. ..1 For a concrete arch dam such as Salinas Dam, it is reasonable and S EXHIBIT B - Page 21 of 2 CITY OF ATASCADERO CITY COUNCIL MINUTES conservative to ne that a failure will result in complete removal of the dam because three is little struodresistance to Compile failure once a portion of the dam fails. Also Failure will occur Ver,.7 quickly, between 0.1 and 0.3 hours according to OSS studies. i Preserve what rem "ns of the river. 18 spills (including year) in 65 years. Environmental Con rns Trees in inundated 5 acres Previous EIR: 400 mature Oak Trees Current EIR: 2470 Oak Trees 930 Girey Pine 469 Grey Pine INHERE DID THEY O- CUT? This exacting docut rient has too many errors, indicating a flawed system and document How can a study su posedly so exact in Nov. 1993 be so in error in May 1997? Buildout City SLO 5E,000 (2022) Jobs - Housing Balance zAnibiT b — rage GL oz L CITY OF ATASCADERO CITY COUNCIL MINUTES (o (D co (D co (D CD co CD co co co co co co co V J J V J J V V V (D C) W N 1 O cD Co V O Ln ? co N -+ O cD Co V W al W N -+ cD (D cD (D (D c0 (D CO 00 W CO W W W W W W V J J J V V V V M C) -P W N -1 O (D 00 J W Ci A CO N — O cD 00 J W Ln W N p W .01 1 (k) A W W IN -P. W � � -0. 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O W Cl N a) -+ N Cl Cl V O (D J n 3 (D (� O I O a) a) V (D (n C) C) -y co -N O p _a (D Q is O Q I (n a) � m co Cl O .P Ln W (D V CO a) N `G co O < .�« = N -L ' N j 1 vj 3 N W (Nn i O co +A. (D m s 1 N N (o (n " W �i N a) J co P O N -? W C) W W CD J W-p D V N V N C) (D Ln -+ , (n N O N �A --� Cf _ 'll (o CD V Ln CD N O -+ Ln (D W O C) W W lD D 1co 4 3 caca J N V co co 0) N V A A O p v cn( o W m cD a) -- .a p (D Iv O a) N O -+ (D :3 _ W (a J , cn , , O , 0o , (o co , , co co , CD CD C o W N -+ W -► 0) -j O -+ N -+ N O O CL U) c0 -+ 0o O J ;1- O O -1 O N V 00 Oo O O n - .A N a) (n W A.(o a) . O W -� a) N -• W O O 0 J V O W W N W � 0 04�-, (o co a) N O O O D . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O c W (D Q. EXHIBIT B - Page 23 of CITY OF ATASCADERO CITY COUNCIL MINUTES co co cD co (O co 00 co Co Co w 0o to co 0o 0o V V V -, -4 V v v v CD Ul 4N. W N -+ O co Co V W cn p.. 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V -+ V V O O O N CD O N c) V W _ Cn (n I (b O) (D (n W W (J7 -+ O Ul W CO Ul 00 N " Cn N CO -P- N a) (D (p 00 O V V -4- W V 1 V V Co (D N 1 (A A (D (n W O O (D W .p (D co �. = L i. c C D (D D O � 4 W - -` N W -P. N W .A � W -N � -Aj N (OD D WQ CL N W V v . . 1 Cn Cn V V NOC V V UI V C0 P, 4 N W N V 'COCV V V V V V -00 OD Cn V W A O(D D O (O �. A V .A O (D (D (D D (O O Cn O (D Lnj j N O n O � 4i N N MNN NN N M M Co cL N (n V O 0q DCA fD -o cO N CA Cn (O p 30 = (A 0- Q . 0 (n -+ W V O (D V N V (n CD (D C R CL C 114 CO , Co Co 1 O O N (O -a 3cr 0 `< 03 J O V O -+ i W Ul CO O 10 D c c D! c=: < 33W) o) ( _ CD CD W c ( - CO o N Ul W O Cn V W --+ UlO (O V n (D N CA � N (n (n V COD N = CND I (n 0)4 Cn C7) V (D Ul Cn cn -t (D 4 .+ Fn._ -P 0) CO i Cn O -N Cn i j Co (D V Co (A N ^ 0 n i -« = W �D � -n Q .L W "i co .s c (Y -' -a D CL�. O CLI O j CA W (D V W Ut W W (D V (D u cy I to A (o W p N A -co CO (D V A) 1l `G O `< cD cD 01 Cn V (D N Ul co (O co O O (n 4 N I 4 CO CO 4 1 O CO (D (A O (D V Co CA (D - W 4h. co D N V N V co co W N J c:0 W Ul (.n CD CP W (O 0) -j .a j (O -4 0 TI N \i 'N CO to co CO CO , = W II (n W N W Cn N OA O W W N (O O O CD X V W lb O W O (D O W W (3) O (D W O O j -, b O b) V W O W P .A. V N 0) O O n -0 j. N V W (D W O N V -j (D W O O ^' 3 0 -.-0 ,-0-0, 0 0 0 (D 3 m a 3 EXHIBIT C - Page 1• of 2 CITY OF ATASCADE CITY COUNCIL MIN CES [ PETE J. CAGL.IERO Cagliero Ranches Hay a Crain a Cattle July 21 , 1997 Glen Matteson Associate Planner Community Development Depar•tme.nt 990 Palm Avenue San Luis Obispo, CA. 93401 Dear Glen, We have important issues we feel need to be addressed concerning the EIR for the Salinas Reservoir Expansion Project . Concerns are : How is the Danz expansion going to effect our 18 wells along the Salinas River? Our reparian rights are before the cities rights . How does the city have the legal right to make an out of basin water tranfer? The City of SLO will be creating a hazard by raising the spillway . What emergency plan for evacuation do you have in place? Are you going to insure us against floors damage in the event the Dam breaks? We want to know how many homes , structures , pumps and water wells will be flooded . 'Row does the city plan to compensate us for our damage? All our wells along the Salinas River would be in the floodplain . All your figures are skewed in the report . We want the dam losses refigured again. . We don ' t want to see the EIH using averages of averages . There is many different ways to figura averages . Environmentally the City of Slo is very sensitive to their own needs . Drowning of all the hundreds of- mature Oak and Pine trees means nothing . The State Water project had to replace 10- 1 ratio. We want SLO to do the same , also monitor their success of growth to make sure they stay alive . This is the city of SLO responsibility . The loss of water to the north county will not allow enough cleansing of the underground aquifer . (Paso Robles ) We want you to address the River Contamination? . The City of SLO voted down. State Wacer two times , as that would be growth inducing . Now that your own facts show that in 2003 you need more WATER to provide for YOUR GROWTH, you want oursll Get State Wate� It ' s not too late . 76362 Vineyard Canyon Phone. (805) 467-9733 an Miguel, California 93451 FAX (805) 467-9733 CITY OF ATASCADERO CITY COUNCIL Mies PETE J. CAGUERO .err Cagliero Ranches Hay * Crain • Cattle We want the. EIR to address the use of State Water versus using our Salinas River Water . .If the safety issues can be met and the Dam expansion is allowed, we want you to add ess the sharing of the water with the 'North County- The cities of the North County are willing to share in the cost of the Dam expansi n. We want the EIR 'to address a plan for sharing of the water with the North County. San Luis Obispo needs to quit hiding behind the fact that the city of SLO has no control over the North County citie$ ; because the North County cities have publiclY said they are willing to cooperate with the city of SLO if the WATER i$ shared with all entices . We want all our questions answered in the revised EIR. Thank you very nuch. Sincerely, r' °'e Pete J. and Lorraine Cagliero 76362 Vineyard'Canyo Phone (805) 467-9733 San Miguel, California 9 451 FAX ($05) 467,9733 a ITEM #A -7 Meeting,Date: 8/12/97 ATASCADERO CITY COUNCIL JULY 28, 1997 MINUTES 4:00 P.M. REGULAR SESSION Mayor Johnson called the meeting to order at 4:04 p.m. ROLL CALL: Present: C ouncilmembers, Clay, Lerno, Luna and Mayor Johnson Absent: Councilmember Carden Others Present: Marcia M. Torgerson, City Clerk Staff Present: Fobert Grogan, Interim City Manager; Roy Hanley, City Attorney; rady Cherry, Community Services Director; John Neil, Assistant City Engineer; Rachelle Rickard, City Accountant. NO PUBLIC COMMENT REGULAR BUSINESS: 1 RESOLUTION NO. 71-97 Awarding a contract to NFL Construction, Inc. for the construction of the State Route 41/Atascadero Avenue Storm Drain Project (Bid No. 97-07) [John Neill (Cont'd from 7/22/97 meeting) (Staff recomm dation: Adopt resolution/Revise adopted FY 97/98 budget) John Neil', Assistant C ty Engineer, provided a staff report. He explained that this segment of the storm drain will provide the vital first link in completing this storm drain system. . Mr. Neil stated that st ff is not recommending award of Additive No. 1 due to the high unit costs. He then a swered questions of Council and Council discussion ensued. MOTION: By Councilmember Luna and seconded by Councilmember Clay to adopt Resolution No. 71-97. otion passed 4:0 by a roll-call vote. Councilmember Lerno sked that the Tree Ordinance be brought back soon to the Council for review. Mayor Johnson adjourned the meeting at 4:15 p.m. 1 REPORT TO CITY COUNCIL AGENDA ITEM: A-8 CITY OF ATASCADE RO Through Rudy He mandez, City Treasurer Meeting Date: 8-12-97 From: Rachelle Rickard,Accountant SUBJECT: Treasure 's Report-June, 1997 RECOMMENDATION... Council review and accept. Attachment: Treasurer's Report,June, 1997 1 CITY OFATASCADERO TREASURER'S REPORT FOR THE MONTH OF JUNE 1997(UNAUDITED) CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at June 1, 1997 $ 606,687 $ 8,073,392 $ 508,344 $ 9,188,423 Receipts 838,796 4,636 843,432 Disbursements (1,974,672) (1,500) (1,976,172) Transfers In 1,200,000 1,200,000 Transfers Out (1,200,000) (1,200,000) Balance per Banks at June 30, 1997 $ 670,811 $ 6,873,392 $ 511,480 8,055,683 Deposits in Transit 160,304 Outstanding Checks (287,362) Adjusted Treasurer's Balance $ 7,928,625 CITY F ATASCADERO Y City Treasurer 2 000002 CITY OFATASCADERO-JUNE 1997 L FUNDS-GENERAL ACCOUNT/INVESTMENT PAGE 1 OF 2 RESERVED UNRESERVED CASH(I) CASH(2) TOTALS POOLED CASH General Fund $ - $ 1,526,703 Gas Tax Fund 143,832 Development Fee Fund 799 Donations Fund 2,606 AD#4 Reserve Fund 46,427 Zoo Enterprise Fund (33,546) Camino Real Reserve Fund 8,609 92 Street Assessment Reserve Fi ind 2 94 CDBG Fund 8,906 95 CDBG Fund (6,434) Dial-A-Ride Fund 38,263 Wastewater Operations Fund 1,531,143 Lake Park Pavilion Fund (8,085) Recreation Fund (28,447) Tree Plant Fund 22,477 Tree Association Fund 0 Sidewalk Fund 42,045 Police Donations Fund 913 COPS Fast Grant Fund 149 Weed Abatement Fund 46,403 Supplemental Law Enforcement Fund (3,462) AD#3 Redemption Fund 12,595 AD#4 Redemption Fund 186,660 AD#5 Redemption Fund 0 Camino Real Redemption Fund (45,169) 92 Street Assessment Redemptic n Fund 92,758 AD#7 Fund Redemption Fund (41) 89 COP Debt Service Fund 133,157 Capital Projects Fund (14,609) Police Development Fees Fund 5,071 Fire Development Fees Fund 15,756 Parks&Rec Development Fees Fund 62,255 Drainage Development Fees Fund 219,069 Amapoa-Tecorida Fees Fund 118,706 Public Works Development Fee Fund 551,765 Street Maintenance Districts Fur d 46,565 TDA Non-Transit Fund 175,627 Sewer Facilities Fund 2,495,329 Camino Real Construction Fund 20,742 MLas Encinas Construction Fund 128 3-F Meadows Construction Fund 101 Santa Rosa AD#7 Construction Fund 1,377 Total Pooled Cash $ 303,218 $ 7,113,927 $ 7,417,145 CITY OF ATASCADERO-JUNE 1997 ALL FUNDS-GENERAL ACCOUNT/INVESTMENT PAGE 2 OF 2 RESERVED UNRESERVED CASH(1) CASH(2) TOTALS CASH WITH FISCAL AGENT Camino Real Reserve Fund $ 204,908 $ - 92 Street Assessment Reserve Fund 50,720 Wastewater Operations Fund 54,998 Camino Real Redemption Fund - 92 Street Assessment Redemption Fund - 89 COP Debt Service Fund 200,854 Total Cash With Fiscal Agent $ 511,480 $ - $ 511,480 Total of All Cash $ 7,928,625 4 000004 INVESTMENTS TIA IE DEPOSITS, CERTIFICATES OF DEPOSIT, SA V1 VGS AND LOCAL AGENCYIIWESTMENT FUND JUNE 1997 INVESTMENT INTEREST AMOUNT EARNINGS Orange County Investment Poo $ - $ 1,609 (6) Orange County Investment Pool - 51,206 (6) Local Agency Investment Fund 3) 5,845,616 134,903 Certificates of Deposit(see attached schedule) 1,027,776 25,098 TOTAL $ 6,873,392 212,816 Mid State Interest Received 9,790 TOTAL INTEREST RECEIVED $ 222,606 (5) Notes: (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) On July 2, 1996, the City received $ 1,200,000 in the form of a Tax Revenue Anticipation Note (IRAN). The City repaid this amount including $ 56,841 of interest (4.75%per annum) on June 25, 1997. The total rvpayment was $1,256,841. (4) June 1997 interest yields were as follows: Orange County Not available LAIF 5.634% Mid-State 2.43% (5) This is the actual amount deposited to City accounts and does not reflect interest amounts accrued but not received. Aso not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. Furthermore, with the exception of the Orange County Inve tment Pool,interest earnings are reported on a calendar year basis. (6) On December 6, 19 4, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a loss of 1,155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received 0 above is post-petition interest for the period from December 1, 1994 through July 20, 1995. 5 000005 CITY OF ATASCADERO SCHEDULE OF CERTIFICATES OF DEPOSIT June 1997 PURCHASE MATURITY YIELD YTD BANK DATE DATE RATE AMOUNT INTEREST Santa Lucia Bank 6/19/97 12/19/97 5.15% $ 36,776.00 $ 884.71 Atascadero Union Bank 6/26/97 12/23/97 4.75% $ 99,000.00 $ 2,480.15 Atascadero Great Western Bank 6/30/97 12/23/97 5.12% $ 99,000.00 $ 2,497.96 Atascadero Bank of Santa Maria 1/27/97 7/24/97 5.01% $ 99,000.00 $ 2,496.56 Templeton First Bank&Trust 2/26/97 7/26/97 5.48% $ 99,000.00 $ 2,216.51 Santa Maria Bank of America 1/31/97 7/30/97 4.40% $ 99,000.00 $ 2,184.96 Atascadero Los Padres Savings 2/13/97 8/12/97 5.00% $ 99,000.00 $ 2,488.80 Santa Maria Wells Fargo Bank 2/22/97 8/22/97 4.50% $ 99,000.00 $ 2,247.00 San Luis Obispo First Bank of SLO 2/19/97 8/19/97 5.40% $ 99,000.00 $ 2,633.24 San Luis Obispo ValliWide Bank 2/23/97 8/23/97 5.00% $ 99,000.00 $ 2,476.04 San Luis Obispo First Valley Bank 3/6/97 9/6/97 5.04% $ 99,000.00 $ 2,492.08 Santa Maria TOTAL $ 1,026,776.00 $ 25,098.01 6 000006 REPORT TO CITY COUNI AL MEETING DATE: 08112/97 CITY OF ATASCADERO AGENDA ITEM: A-9 From; Rachelle Rickard,Accountant SUBJECT: Payment of Au Jited Bills and Payroll for the month of June, 1997. RECOMMENDATION:Approve certified City accounts payable, payroll and payroll vendor checks for he month of June,1997. Attached for City Council review and approval are the following: Payroll Period End 06106/97 Ck.#30776-30910 $119,594.29 Period End 06/20/97 Ck.#30930-31084 $120,009.72 Special Payroll Dated 06/04/97 Ck.#30761-30765 $ 5,627.40 Dated 06/09/97 Ck.#30535 VOID $ (232.14) Payroll Vendors Dated 06/09/97 Ck.#30773-30775 $ 2,725.61 Dated 06/12/97 Ck.#30911-30929 $ 56,633.76 Dated 06/27/97 Ck.#31085-31104 $ 58,546.73 Dated 06/30/97 Ck.#31300-31306 $_33,176.41 Accounts Payable Dated 06/30/97 Ck.#57790-58680 $464,236.38 TOTAL AMOUNT $860,318.16 The undersigned certifies t iat the attached demands have been released for payment and that funds are available for these derT ands. Dated:July 25, 1997 (2y "Iev If I.-, Rachelle Rickaird,Accountant Approved by the City Cou cil at a meeting held August 12, 1997. 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D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D I O �►•� T 11 1-41 -1111-4111-i 1111 -I 1111111-11 -11111111 -1•-11 1 J 1t7D mm mmmmmmmmmmmmmmmmmmmmnmmmmmmmmrimmnmmmm l r Cl tiC t I ut7 C1 1--7 ty d 1.7 t70 ty ty t7 Cy 0t7 CC t7b Cl C ti ti ty ty C7 C t7 C7 t7 Ci C ty 0 ti l7 ti 1 # n nn M nnn0CSnnnn00C-)onm_nC7nnnn•CSnnnnnnnnnnnnnnn f = S 2= S T M-1mI T S S T S T i 2 M 3: 2: S S T S S S S l L T T T S'S z L T T T S 1 - T mm. mm mm m mmmm mmmmmmmmmmm�lmmmmnmmmmmmmmmml D-fm nn 1300n.n00n1)nn00n000000n000n0n0n000nnnnnI 1n 77. :7:777.777, 777,77777777•. 777,7, .777•.77•.7777•.77•.7•.77•. 1 DL7rJ 000019 REPORT TO THE CITY COUNCIL Meeting Date: 8/12/97 CITY OF ATASCADERO Agenda Item: A-10 Through: Bob Grogan, Interim City Manager From: Rach lle Rickard,Accountant SUBJECT: Adopting the fiscal year 1997.98 annual spending limit and amending the 1994-95, 1995-96 and 1996-97 annual spending limi s. RECOMMENDATION: Adopt Resolution#79-97 est blishing the annual spending limit for fiscal year 1997-98 and amending the 1994-95, 199 6 and 1996-97 annual spending limits. BACKGROUND: As part of the City's annual budget adoption process, The City's annual spending limit(Gann Limit) must be approved by the CoL ncil. Staff calculates the new limit based on the formula set forth in Proposition 111. ` As part of preparing the curre t calculation, it was discovered that the spending limit for the three previous fiscal years had bee i calculated incorrectly. Because each year's spending limit is based on the prior's year's limit, it is recommended that we amend the limits for these three fiscal years. This will increase our limit by 135,183. The limits were calculated asfollows: 1994-95 1995-96 1996-97 1997-98 A. Prior Year Spending Limit $ 6,294,619 $ 6,428,065 $ 6,941,025 $ 7,433,144 B. Population Factor 1.0140 1.0311 1.0231 1.0206 C. Inflation Factor 1.0071 1.0472 1.0467 1.0467 D. Adjustment Factor(B*C) 1.0212 1.0798 1.0709 1.0683 E. Total Adjustment W(D-1 ) 133,446 512,960 492,119 507,684 F. Current Year Limit(A+E) $ 6,428,065 $ 6,941,025 $ 7,433,144 $ 7,940,828 FISCAL IMPACT: None. 000020 S E - RESOLUTION NO. 79 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING THE FISCAL YEAR 1997-98 ANNUAL SPENDING LINIIT AND AMENDING THE ANNUAL SPENDING LIMITS FOR FISCAL YEARS 1994-95, 1995-96,AND 1996-97 WHEREAS, Proposition 111 revises the methodology used to calculate the Annual Spending Limit; and WHEREAS, the City of Atascadero must select the most appropriate criteria to be used in calculating the annual limit; and . WHEREAS, the Annual Spending Limit for each of the fiscal years 1994-95, 1995-96, and 1996-97 had been incorrectly calculated; THEREFORE BE IT RESOLVED by the City Council of the City of Atascadero SECTION 1. That the City of Atascadero elects to use the following criteria for fiscal year 1997-98 in establishing its new Annual Spending Limit: County Population and California Per Capita Income SECTION 2. That the revised Annual Spending Limits are calculated as follows: Fiscal Year Percentage Change New Limit 1994-95 2.12% $6,428,065 1995-96 7.98% $6,941,025 1996-97 7.09% $7,433,144 SECTION 3. That the annual spending limit for 1997-98 is calculated as follows: Fiscal Year Percentage Change New Limit 1997-98 6.83% $7,940,828 SECTION 4. Any judicial action or challenge must be commenced within 45 days of the effective date of this Resolution. s 000021 Resolution 79-)7, Page 2 SECTION 5. ocumentation used in determining the Annual Spending Limit is available to the public in the Finance Department, Administrative Building, 6500 Palma Avenue, Room 203, Atascadero, California. On motion byouncilman , and seconded by Councilman th.3 foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO MARCIA TORGERS N, City Clerk RAY JOHNSON, Mayor APPROVED AS TO ORM: ROY A. HANLEY, City Attorney 000022 l REPORT TO CITY C UNCIL CITY OF- ATASCADERO Agenda Item: A-11 Through: Robert F. Grogan Meeting Date: 08/12/97 Interin City Manager File Number: TPM 96017 vias_ Steven L. DeCamp Acting Community Development Director From: Gary Kaiser, Associate Planner G*M, SUBJECT: Consideration of Final Parcel Map 96017 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 and Amy Hj rtland/Kelly Gearhart) (Wilson Land Surveys/Cannon Associates) RECOMMENDATION: Accept Final Parcel Map 96017 . BACKGROUND: On April 22, 1997, the City Council considered the above-referenced map on their Consent Calendar. The City Council approved Tentative Parcel Map 96017 based on the Planning Commission' s recommendation and theFindingsand Revised Conditions of Approval. All condi- tions have, now ben met by the applicant and the final map is ready to record. Phi Attachments Parcel Map cc: John & Amy Hjortland Kelly Gearhart Ken Wilson John Falke stien 000023 CIomi OF tT-A SCADEn OATTACHM ENT C gjes. .". TENT PARCEL MAP*. TPM 496017 r"og.. a » COMMUNITY DEVELOPMENT fill, DEPARTMENT all ! :: ! m e . xt Ilil II � • 4 ;fie, x,,.Is All 6;1 N �� / [ \ t�. ,moi:\`y *}`" ►a 1 . IVk-1 / ".� /_ !%✓ /. _ '. �``tS 1� gyp.. a\ rl I I � -�.'.j \'.gyp\ 1•�. n • a`l L/ � r � ` 1�IN g 1_ — . 000024 REPORT TO CITY COUNCIL - MEETING DATE; 8/12/97 CITY OF ATASCA ERO AGENDA ITEM: A-12 Through: Bob Grogan, Interim City Manager From: Lt. Bill Watton, Acting Police Chief favi � •M SUBJECT: Placing an automatead bank teller machine in the Police lobby. RECOMMENDATION: Approve the attached agreement(contract)with Bank of Santa Maria, allowing them to place an ATM in the Police lobby. DISCUSSION: The bank of Santa Maria came to the Police Department with the request to place an automated teller machine in our lobby. This is an emerging trend as police lobbies are normally open 24 hours per day, 7 days per week, and they are a monitored, safe,to tion to bank. The ATM will be a small unit that will attach to the wall in the North East comer of the lobby. There will be no liability or responsibility for the City regardir g this machine or its patrons. The bank will install, maintain, and return the lobby to its original condition upon removal, at their expense. This contract will be for a minimum of one year, and month to month there after, with a 90 day notice. The Barik of Santa Maria stated that they do not charge any customer for the use of this machine (no transaction fee) however they do not control what other banks charge their customers for use of another bank's machine. This machine is not expected to disrupt police business, and may assist in some cases with paymeni of bail or fees. FISCAL IMPACT: None. 000025 July 17, 1997 William E. Watton, Acting Chief ATASCADERO POLICE DEPARTMENT 5505 El Camino Real Atascadero, California 93030 RE: Bank of Santa Maria ATM Dear Mr. Watton: This letter is intended to set forth the terms and conditions of a Space Lease Agreement between the City of Atascadero as Lessor ("City") and the Bank of Santa Maria as Lessee ("Bank"). 1. The City shall make available to the Bank space in the main lobby of the police department building located at 5505 El Camino Real, Atascadero, California for the installation of the automatic teller machine("ATM"). The space shall be located in the Northeast comer of the lobby and shall be installed attached to the wall. 2. There shall be no rent charge for use of the space. The term of this Lease shall be a period of one year commencing upon approval of the ATM location by the California State Department of Banking and the issuance of all other permits required for the installation and operation of the ATM. After the initial one (1) year term, the Lease shall continue from month to month, and shall be terminable on not less than ninety (90) days written notice from one party to the other. Either party may give such written notice of termination at any time after 9 months from the commencement day of this lease. 3. The City shall give the Bank and it's contractors access to the space and surrounding areas of the police department building for purposes of installing the ATM within five (5) days after the bank has obtained all necessary permits for the same. The Bank shall pay all costs associated with the installation of the ATM, including any alterations to the premises and shall hold the City free and harmless of any liability associated therewith. ' 4. Subject to the Bank making the necessary electrical connections to the City's electrical system in the building, the City shall supply the electricity necessary to operate the ATM and shall illuminate the area where it is located. 5. The Bank and it's representatives, including maintenance personnel and armed guard courier companies, shall have access to the premises during the City's regular business hours for purposes of servicing and maintaining the ATM, including replenishment of cash. During the Lease term, the Bank shall maintain the ATM and the area immediately surrounding 000m-% RESOLUTION NO. 81-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A ASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BANK OF SANTA MARIA FOR N ATM IN THE POLICE DEPARTMENT LOBBY The City Council of the City of Atascadero, California hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement (attached hereto as Exhibit "A") with Bank of Santa Maria for installation of an automatic teller machine ATM in the Police Department lobby. 2. The Interim City Manager is hereby authorized to make minor correct ons or modifications of a mathematical or clerical nature. PASSED ANC ADOPTED at a regular meeting of the City Council of the City of Atascadero held on he of , 1997. ATTEST: CITY OF ATASCADERO By: MARCIA M. TORGE SON, City Clerk RAY JOHNSON, Mayor APPROVED AS TO ORM: ROY A. HANLEY, City Attorney 000025.1 the same, which is subject to this Lease, in a neat and clean condition and shall make any repairs to the same necessary due to the installation or use of the ATM. 6. The City shall keep the area where the ATM is located available for access by the Banks customers during normal business hours. Subject to any applicable City signage ordinance, Bank shall be permitted to install a tasteful and appropriate sign on the exterior of the premises advertising the Bank's name and the location of the ATM. 7. The Bank shall be solely responsible for loss or damage to, or theft from the ATM and hereby releases the City from any such liability from theft or loss associated with the ATM. 8. The Bank shall maintain fire and casualty insurance adequate to cover any loss or damage to the ATM a d public liability insurance to cover any injuries to persons entering the City's premises for the purpose of using the ATM. A copy of the insurance policy will be. provided by the Bank to the City prior to the commencement of this lease. 9. The Ba shall defend, indemnify and hold the City free and harmless from any liability arising out of c r occasioned by the use by any third party of the ATM. Included within the Bank's obligations to defend and indemnify is the obligation to pay any attorneys fees or court costs reasonably incurred by the City in defending any actions commenced by third parties against the City arising out of the use of the ATM. If these terms and co iditions meet with your approval, please so indicate by obtaining the signature of the appror riate City official on the enclosed copy of this letter and return it to me. We will then seek the approval of the State Banking Department to install the ATM and will arrange with our contractor to obtain the necessary permits and coordinate the installation. If you have any questions regarding this, please do not hesitate to contact me. Sincerely, ®�iPates 4radle J� g Y The foregoing Lease Agreement is hereby approved. Dated: CITY OF ATASCADERO By: 000027 . ...........D............................ ................................................. .......... ................... ................................................................................................................................................................................................ . ..D..A..T.I E...(.M...M../.D..D...l.Y..Y..). ...... A ............ ..... .......... ......... 0 ... ............... PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ACQUISTAPACE INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOWAMik P 0 BOX 1099 COMPANIES AFFORDING COVERAGE Ev SANTA MARIA CA 93456 COMPANY A U S F & G INSURANCE COMPANY INSURED COMPANY BANK OF SANTA MARIA B COMPANY P.O. BOX 6090 C SANTA MARIA, CA. 93456-6090 COMPANY D ....... . I................ THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BEL HAVi'B'EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR I I DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LUU3IIJ7Y 30123957601 3/10/97 3/10/98 GENERAL AGGREGATE $1, 000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $1,000,000 CLAIMS MADEOCCUR PERSONAL&ADV INJURY $1,000,000 F OWNER'S&CONTRACTORS PROT EACH OCCURRENCE $1, 000,000 FIRE DAMAGE(Arty one fire) $ 50,000 MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: .... ...... EACH ACCIDENT $ AGGREGATE $ EXCESS UA13LITY EACH OCCURRENCE $ UMBRELLA A FORM AGGREGATE III OTHER THAN UMBRELLA FORM $ ....... . ......... WORKERS COMPENSATION AND STATUTORY LIMITS 09PLOYER-W UABE-ITY EACH ACCIDENT Is THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE.EACH EMPLOYEEI OTHER DESCRIPTION OF OPERATIONS/LOCATMMIVEHICLES/SPECUL ITEMS COVERAGE CONTINUOUS DURING CONSTRUCTION AND THEREAFTER ...................... . . ....... . . .... ... . .. .......... .... ........... .................................................... ........... ................................................ .... ...... .................. . ........................... ..... . .......... .. .. .. . ... ..................................................... .... ... .. . . . ..... .......................................................... . ......... ............ .. ......... T ........................ .................i........................ X­ LA 9k..". ... ...................... ........................... .. ........................................... .......X .......................................................................................................................... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF ATASCADERO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO M 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 5505 EL CAMINO REAL BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIAI34RrrY ATASCADERO, CA 93422 OF ANY AqNll UPON THE COMPANj._4AGEHIS OR REPRESENTATIVES. AUTHORIZE Rob RE A ..................%..:- ACO .... ......... ............. ................... WAR' . ............. 0L)uu;4b 4 REPORT TO CITY COUNCIL Meeting-Date: 8/12/97 CITY OF ATASCAD RO Agenda Item :A -13 Through: Robert V Grogan, Interim City Manager From: William Watton, Acting Police Chief SUBJECT: The City of A ascadero contracts every two years with the San Luis Obispo County Health Department, Division of Animal Regulation, for animal control services. The current contracl expired June 30, 1997. The proposed contract is for a two year period, expiring June 30, 1999. Annual costs may be adjusted to reflect County increases, not to exceed five percent per year. The City can modify its service levels each year. The attached esolution and draft contract sets an annual cost at $55,000 per year. The contract trice is the same as it has been during the last four years, with no proposed increases. This provides the full range of animal control services (Package "D"), there y freeing City police resources for law enforcement purposes. In the past ye rs, the City has allocated funds ($5,000) to the County's Spay- Neuter Trust Fund. he County is again asking that we participate in the assistance program with an amount that can be determined through the normal budget process. The spay/neuter program is not part of the contract service. RECOMMENDATION Adopt Resolution No. 80-97 and recommend the City Council accept the proposal offered by the Division of Animal Regulation for animal control services for the fiscal years 199 /98 and 1998/99. FISCAL IMPACT: The total contract amount is $55,000, but is billed on a quarterly basis at , $13,750. Should t e City decide to participate in the spay/neuter program, that undermined amount s usually a one time fee above the contract amount. Attachments: Draft Contract Draft Resolution No. 80-97 000029 4 1997-98 Proposed City Contract Packages PACKAGE A BASIC SERVICES/EMERGENCY SERVICES 1. SHELTER PROVISIONS/ANIMAL DISPOSAL The availability of a shelter to provide care for unlimited numbers of stray animals transported by citizens from the city incorporated ' boundaries. This shall include the administration necessary for surrender of animals at the shelter, the care of animals during the 72 hour hold period, and final disposal of animals through redemption, adoption, or destruction. 2. ANIMAL BITE INVESTIGATIONS/QUARANTINES The taking of animal bite reports and subsequent investigation and quarantine of bite animals . The keeping of such records and reporting of information to the State Department of Health Services . 3 . RABIES CONTROL/SUSPECT RABID ANIMAL HANDLING/TESTING The response to and attempted capture of suspect rabid wildlife and domestic animals. The destruction of such animals, proper laboratory preparation for rabies testing, transport of tissue to the County Public Health Department for testing, and proper disposal of remains when found to be positive. 4. EMERGENCY SERVICES The response to and attempted capture of injured domestic animals, transport of and medical aid to animals when` needed for stabilization and subsequent sheltering of animal as per provisions stated in shelter services. Response to potentially rabid wildlife and domestic pets when someone is on scene. Response to aggressive animals or animals that have bitten and the owner is not available. Hold animals relative to an arrest or accident . Emergency services shall be provided 24 hours a day, seven days a week. Response to four (4) emergency call outs per year that may fall outside stated criteria and approved by a Watch Commander, Contract Enforcement , Committee representative, or Chief of Police. CONTRACi19798CONTRACTAPD 1 of 10 Revision Date: 24 July 97 000030 4 PACKAGE B BASIC SERVICES/EMERGENCY SERVICES (A) PLUS CITY DESIGNATED PICK UP LOCATION (B) 5. PICK UP OF IMITED STRAY, DOMESTIC ANIMALS FROM ONE DESIGNATED LOCATION The pick up of UNLIMITED numbers of stray, domestic animals from one designate location within the contracting city. The city will be responsible for providing food, water, and cleaning the designated k nnels . PACKAGE C BASIC SERVICES/EMERGENCY SERVICES (A) PLUS CITY DESIGNATED PICK UP LOCATION (B) PLUS FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS : DOGS, CATS, OTHER, DOA' S 6 . FIELD PICK Ul OF UNLIMITED DOMESTIC ANIMALS The response to and pick up of UNLIMITED numbers of stray, confined, domestic animals. The transport and care of impounded animals at the shelter in the basic service package described above . Pick up shall include dogs, cats, other domestic animals during normal hours of operation, including domestic animals dead on arrival . PACKAGE D BASIC SERVICES/EMERGENCY SERVICES (A) PLUS CITY DESIGNATED PICK UP LOCATION (B) PLUS FIELD PICK UP OF DOMESTIC ANIMALS : DOGS, CATS, OTHER, DOA' S (C) PLUS CITIZEN COMPLA NTS : BARKING, LEASH LAW, CRUELTY INVESTIGATIONS NUISAN E ABATEMENT/HEARINGS & COURT PROCEEDINGS FIELDENFORCEMENT: PATROL REQUESTS, CITATIONS 7 . CITIZEN COMPLAINTS The processing of citizen complaints, response to complaints, maintaining dumulative records, and action taken on complaints . 8. NUISANCE ABA EMENT/HEARING & COURT PROCEEDINGS The recording, filing, investigation, office hearings, issuance of orders to ab te, and processing to court of nuisance abatements through city attorney' s offices. CONTRACT\9798CONTRACT.WPD 2 of 10 Revision Date: 24 Ju1V 97 000031 9 . FIELD ENFORCEMENT Processing and performing patrols within a specified area when requested by a citizen and issuance of citations for violations . 10 . COURT FILINGS & PROCEEDINGS Filing dangerous/vicious, cruelty or abandonment cases to court with approval of city attorney' s office. Collection of incident reports, photographs, etc. Court appearances and follow up related to these cases . Contract fees shall cover UNLIMITED response by Animal Services in the performance of services included within the contract package. Cities shall be billed for the contract fees on a quarterly basis . CDNTRAC719798CONTRACTNI'D 3 of 10 Revision Date: 24 July 97 0000432 t AGREEMENT FOR ANIMAL CONTROL SERVICES This Agreement is made and entered into this 1st day of July, 1997, by and between the County of San Luis Obispo, hereinafter referred to as "County" , and the City of Atascadero, hereinafter referred to as "City" . WITNESSETH• THAT WHEREAS, The City is desirous of contracting with the County for performance of the hereinafter described animal control services within its boundaries by the County of San Luis Obispo through the Division of Animal Services; and WHEREAS, the County is agreeable to providing such services in accordance with the provisions of the San Luis Obispo County Code Title 9 which provides for the licensing of dogs, the establishment of a public pound, and for the collection and care of stray, diseased and vicious animals; and WHEREAS, the Cou ty of San Luis Obispo has established Animal Services to enforce the ordinances of the County Code Title 9 within the unincorporated areas of the County; and WHEREAS, the City is desirous of contracting for said Animal Control services . NOW, THEREFORE, IT IS AGREED AS FOLLOWS : DEFINITIONS - Used throughout as follows: Aggressive m ans a dog attacking a human (not dog to dog or dog to livestock) and the human is in immediate danger of being injured. Household/Domestic Pets or Small Animals means but is not limited to cats, dogs, canaries, fish, hamsters, rabbits, turtles, reptiles and other kindred animals usually and ordinarily kept as household pe s . Injured domestic animal means life-threatening (not an abscess or other non emergent condition) to the animal requiring intervention by a veterinELrian. Livestock or Large Animals means horses, ponies, mules, cattle, goats, swine and all other domestic or domesticated animals other than household pets . Small Wildli e means racoons, possums, foxes and other similar sized wildlife . CONTRACTT9798CONTRACT.WPD Page 4 of 10 Revision Date: 24Jo1v97 000033 SERVICE PACKAGE OPTIONS: BASIC SERVICES/EMERGENCY SERVICES - are defined as follows : 1) The receipt of household pets delivered to the shelter or at drop off kennels . \ 2) Sheltering of all household pets received at the shelter in accordance with state regulations, local ordinances, and policies governing humane treatment of such animals. 3) Services for returning impounded animals to their owners, adoption of or humane destruction of animals received or brought to the shelter. 4) Investigation of all animal bites involving humans and the quarantine of biting animals pursuant to state regulations and local ordinances . 5) Investigations of exposures to rabid animals or suspect rabid animals at large and the quarantine or destruction of animals which were in contact with rabid animals . Emergency and after hour services for any of the following: 6) Severely injured/sick dogs or cats when legal owner unknown or unavailable . 7) Arrest hold animals . 8) Aggressive/Vicious dogs when legal owner unknown or unavailable and reporting party is standing by. 9) Bite dogs/cats when legal owner is unknown or unavailable and reporting party is standing by. 10) Potentially rabid animals including wildlife when reporting party remains on scene . ONE SITE PICK UP OF CONFINED STRAYS - defined as follows : Pick up on UNLIMITED confined strays from one designated location within the contracting city. FIELD SERVICES - defined as follows : Response of an Animal Control Officer during regular business hours to pick up any of the following within city limits on an UNLIMITED basis : 1) Confined stray animal pick up 2) Dead stray animal pick up 3) Owned animal pick up (fee paid by citizen) CONTRACT9798CONTRACT.WPO Page 5 of 10 Revision Date: 241u1y 97 000034 4) owned deal animal pick up (fee paid by citizen) 5) Euthanasi laof owned animals (fee paid by citizen) 6) Transportation to veterinarians of owned animal (fee paid by citizen) ADDITIONAL FULL SERVICES - Defined as follows : CITIZEN COMPLAINTS: The fielding, documentation of and response to complaints from citizens including, but not limited to: barking dogs, leash law violations, animal abandonment, and animal cruelty. NUISANCE ABATEMENT: All activities involved in the processing of nuisance abat.ement petitions, investigations, orders, hearings, including preparation for court proceedings when necessary. FIELD ENFORCEMENT: The addition of further field enforcement other than field pick up as described in "FIELD SERVICES" above, but not limited to: random patrol, patrol requests, ordinance violation citations, and agency assists . SERVICES TO BE PROVIDED BY COUNTY: Maintain an Animal Services Division - to provide management and supervision cf programs, to maintain records and statistics, and enforce licensing, as established in policy and approved by the Animal Services Contract Enforcement Advisory Committee as defined hereafter. Animal Shelter - maintain, or cause to maintain an animal shelter to provide for the care, housing, and disposal of animals impounded within the city or county or delivered by city or county residents . Specific Agreements - to provide pursuant to specific package contracts with each city. Operation Pe it Services - to provide Permit Services to all citizens of the county regardless of jurisdiction. Licensing - to provide Licensing to all citizens of the county regardless of jurisdiction. Humane Education - to provide humane education regarding responsible pet ownership, advantages of spay/neuter, rabies control info mation, regardless of jurisdiction. Performance Standards - County will provide measurable standards acceptable tc contracting city related to service response times, outcomes, and category of contacts . CONTRAC7\9798CONTRACTAPD Page 6 of 10 Revision Date: 24 July 97 000035 ANIMAL SERVICES CONTRACT ENFORCEMENT COMMITTEE - There shall be an Animal Services Contract Enforcement Committee whose responsibility it will be to review and recommend on all matters of Division policy regarding overall program administration, level and quality of service, budget, and ordinance development and amendments . This Committee shall be made up of : one representative from each city contracting with the County, one representative from the County' s Veterinarians' Association, one representative from the County Public Health Department, one representative of the Highway Patrol, one representative from Animal Services, one representative of the County Administrative Office, one representative from the Public Health Department Public Information Office, and one representative from the County Sheriff' s Department . The Committee shall receive staff support from Animal Services . COOPERATION - To facilitate the performance of the foregoing functions, it is hereby agreed that the County shall have the full cooperation and assistance from the City, its officers, agents, and employees . EMPLOYEE COMPENSATION AND LIABILITY - City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder, or any liability other than that provided in the Agreement . The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment . INDEMNIFICATION - Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to contract by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law. It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement. It is also understood and agreed that pursuant to Government Code 895 .4, County shall defend, indemnify and save harmless the City, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement except as otherwise provided by Statute. It is understood and agreed that neither County nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement . It is also understood and agreed that pursuant to Government Code Section 895 .4 , City shall defend, CONTRACT\9798CONTRACT.WPD Page 7 of 10 Revision Date: 24Ju1V97 000036 indemnify and save harmless the County, all officers and employees from all claims, suits or actions of every name, kind and description brought for on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City under connection with any work, authority or jurisdiction delegated to the City under this Agreement except as otherwise provided by Statute . EMPLOYEE STATUS - All persons employed in the performance of the services and fu ctions specified in paragraph 2 of this Agreement shall be County employees; no present City employee shall become a County employee by reason of this Agreement; and no person employed hereunder shall have any City pension, Civil Service, or any similar status or right For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein, every County officer and the employee engaged in their perform3.nce of any service hereunde shall, where necessary, be deemed an off icer or employee of City while performing the services for City. PROSECUTION - It shall be the duty of the City Attorney, exercising the discretion vested in his office, to prosecute violations of the City Animal Ordinance, and take appropriate legal action with respect to the abatement, of any public nuisance involving animals occurring within City' s corporate limits . TERM AND RENEWAL - This Agreement shall be effective on the 1st day of July, 1997, and shall terminate on the 30th day of June, 1999 . All fees, charges, and payments required by this agreement may be adjusted July 1st, 1998, of the two year duration of the contract . This adjustment shall be for any increase in County' s cost of providing services or froN changes required from revisions pending to Title 9 . The Division appropriation budget shall be used to determine percentage of ii1crease . This percentage shall not exceed five (5) percent for any Dne year of the contract period except for changes to ordinance through adoption of revisions to Title 9 . This contract is subject to cancellation by either party by notification in writing of the desire to terminate contract . Notification shall be required thirty (30) days in advance of the termination date . CITY NOTIFICATI - no later than May 1 of each year, each city shall be notified of proposed changes to current service level charges . The city shall notify the County no later than July 1 of their agreement to pay for basic services and other services in each subsection. Attachment A reflects the annual cost . COUNTY BILLING - County shall bill city quarterly for their contracted services . Bill _ng shall be submitted at the end of each quarter. City shall remit payment within thirty days of receipt of billing. MODIFICATION - ahis contract constitutes the entire understanding of the parties hereto and no changes, amendments or alterations shall be effective unlesE in writing and signed by both parties . CONTRACTT9798CONTRACT.WPD Page 8 of 10 Revision Date: 24 MY 97 00003"1 ORDINANCE CONFORMITY - City agrees to adopt animal control ordinances which conform to and are not in substantial conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City codes may be conducted with the County Division of Animal Service' s consultation before adoption. County Division of Animal Services may also make recommendations to City for changes or modifications to their City ordinance . BOOKS AND RECORDS - County agrees to keep such books and records and in such form and manner as County Auditor-Controller shall specify. Said books shall be open for examination by City at all reasonable times . NOTICES - Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to the County at : Animal Services P.O. Box 3760 San Luis Obispo, CA 93403-3760 and to the City at : City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 COMRAC119798CONTRACTMI'D Page 9 of 10 Revision Date: 24 July 97 000038 } IN WITNESSTHERE F, City of Atascadero resolution duly adopted by its City Council causes this Agreement to be signed by its mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed hereto attested by cle k of said: CITY OF ATASCADER By: Mayor ATTEST: By: City Clerk COUNTY OF SAN LUIS OBISPO By: Chairman, Board of Supervisors ATTEST: By: Board of Supervisors APPROVED AS TO FOIM AND LEGAL EFFECT: By: Co ty Counsel Date:- 7- CONTRACIA9798CONTIZACTAP0 U Page 10 of 10 Revision Date: 24 July 97 000039 fr SAN LUIS OBISPO COUNTY DIVISION OF ANIMAL SERVICES AGREEMENT FOR ANIMAL CONTROL SERVICES ATTACHMENT A Package A Package B Package C Package D Atascadero $27, 000 $42, 000 $47, 000 $55, 000 City of Atascadero agrees to contract for service level CONTRACT\9798COWRACTAPD Page 11 of 11 RevIslon Date: 24JUIV97 0000=10 RESOLUTION NO. 80 - 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL CONTROL SERVICES The City Cou cil of the City of Atascadero, California hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement with San Luis Obispo County to provide animal control services for the City of Atascadero. 2. The Int rim City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The City Accountant is hereby authorized to; appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 12th of August, 1997. ATTEST: CITY OF ATASCADERO By: MARCIA M. TORGE SON, City Clerk RAY JOHNSON, Mayor APPROVED AS TO F RM: ROY A. HANLEY, Ci y Attorney 000041 REPORT TO CITY COUNCIL Agenda Item: A-14 CITY OF ATASCADE O Through: Robert F. Grogan Meeting Date: 08/12/97* Interim City Manager File Number: Sub Ord. From: p; Steven L. DeCamp ,w Acting Community Development Director SUBJECT: Adoption of an ordinance amending Chapter 2 of Title 11 (Sub- division Ordinance) delegating to the Planning Commission the authority to approve, conditionally approve, or disapprove tentative tract and parcel map. RECOMMENDATION: Approval and ado tion of Ordinance No. 331 on second reading. BACKGROUND: On July 22, 1997 , the City Council conducted a public hearing on the above-referenced subject. The Council approved Ordinance No. 331 on first reading. /ph Attachment: Ordinance No 331 000042 ORDINANCE NO. 331 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 2 OF TITLE 11 (SUBDIVISION ORDINANCE) DELEGATING TO THE PLANNING COMMISSION THE AUTHORITY TO APPROVE, CONDITIONALLY APPROVE, OR DISAPPROVE TENTATIVE TRACT AND PARCEL MAPS WHEREAS, the Atascadero City Council is desirous of delegating authority to approve, conditionally approve, or disapprove tentative tract and parcel maps to the Planning Commission; and WHEREAS, the proposed Subdivision Ordinance amendment is consistent with Section 65100 et seq. of the California Government Code regarding the creation and functions of planning commissions; and WHEREAS, the proposed amendment is consistent with Section 2-9. 07. of the Atascadero Municipal Code concerning the powers, duties, and functions of the Planning Commission; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings. 1 . The proposal is consistent with the provisions and requirements of the California Government Code, the State Subdivision Map Act and the Atascadero Municipal Code. 2. The proposal will not result in any significant adverse environmental impacts. Section 2 . Subdivision Ordinance Text The Subdivision Ordinance text is hereby amended by the addition of the language shown on the attached Exhibit A. 000043 ORDINANCE NO. 3:31 PAGE 2 Section 3. Publication. The City C erk shall cause this ordinance to be published once within fif een (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code shall certify the adopting and posting of this ordinance and s all cause this ordinance and this certification together with p oof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in fu-11 force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following role call vote: AYES: NOES : ABSENT: DATE ADOPTED: By: RAY JOHNSON, Mayor ATTEST: MARCIA TORGERSO , City Clerk APPROVED AS TO ORM: ROY A HANLEY, City Attorney PREPARED BY: STEVEN L. DeCAM , Acting Director Community Development Department '000044 f EXHIBIT A Chapter 2 of Title 11 (Subdivision Ordinance) is hereby amended as follows: 11-4 . 110 Planning Commission action on tentative tract map. Within fifty days of the filing thereof, the Planning Commission shall, after a hearing and consideration of the tentative tract map, accompanying reports of applicant and staff, and public testimony, reeemmend approve, conditionally approve, or disapprove the maps and repert its dPFisiezns to the Geune; i if- disappreval of the- tap--i-s--reeemtended, the repert shall i the Pepert— shall eentain—a--eemsete—statement of the apprevair The approval or conditional approval of any tentative tract map shall not constitute an approval of any exception or deviation from any zoning regulations of the City nor shall it be deemed as an approval to proceed with any development in violation of any applicable provision of law. 11 ,�Getneil: ae-tien en tentative trae Gemm seen l crepe rt, the-Eeuneshall eens-i de-and greunds fer disappreval shall be stated. NOTE: Language to be deleted shown as st-'_'_e_threu h type. Language to be added shown as bold type 000045 *PORT TO CITY COUNCIL Meeting Date: 08/12/97 CITY OF ATASCADERO Agenda Item: A-15 Through: Robert Grogan, Interim City Manager From: John B. Neil, Assistant City Engineer SUB T: Adoption of an ordinance which adds Chapter 15 to Title 7 of the Municipal Code pertaining to encroachment permits. RECOMMENDATION: To waive reading in full and approve on second reading Ordinance No. 332, Encroachment Ordinance. DISCUSSION: At their July 22,;1997 meeting, the City Council conducted a public hearing on Ordinance No. 332 which Adds Chapter 15 to Title 7 of the Municipal Code pertaining to encroachment permits. The Council waived reading in full and approved,. n the first reading Ordinance No. 332. ANkirT HMEN ,, ttachment A, Ordinance N . 332 ENCROACH.R01 000046 ATTACHMENT A ENCROACHMENT ORDINANCE REPORT TO CITY COUNCIL AUGUST 12, 1997 ORDINANCE NO. 332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADDING CHAPTER 15 TO TITLE 7 OF THE MUNICIPAL CODE PERTAINING TO ENCROACHMENT PERMITS THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA DOES HEREBY FIND AND ORDAIN AS FOLLOWS: 1. FINDINGS. The City Council of the City of Atascadero, California does hereby find, determine and declare that: A. The intrusion of landscaping, obstructions, towers, poles, pole lines, pipes, fences, wires, cables, conduits, stands and buildings, mailboxes, entry monuments, and other structures and objects not specifically mentioned in this Section A, on, in, along, under, over or across a Public Place, Right of Way or Street (as the foregoing are hereinafter defined), including without limitations excavations on, in, along, under, over or across said Public Place, Right of Way or Street (collectively, hereinafter referred to as an "Encroachment") without proper design and regulation poses a threat to the health.- safety and general welfare of the public in the City of Atascadero. B. Regulation of design, permitted work and the issuance of a permit by the City for an Encroachment will protect the public from threats to its health,safety and general welfare through the control and extent of such Encroachments. C. Because regulation of Encroachments will add a burden to the City in that it will require staff time for review and consideration of applications for permits for Encroachments, inspections and code enforcement, the imposition of a fee which represents the reasonable cost to the City for a issuance of an Encroachment Permit is necessary. II. ADOPTION OF CHAPTER 15 OF TITLE 7 OF THE MUNI IPAL DE. A. The City Council of the City of Atascadero does hereby ordain that Chapter 15 shall be added to Title 7 of the Municipal Code as follows: 1 000047 TITLE 7 CHAPTER 15. ENCROACHMENT PERMITS 7-15.001 GENERAL PROVISIONS AND DEFINITION 7-15.001.1 Title and scope. 7-15.001.2 Definitions. 7-15.001.3 A plicability. 7-15.001.4 Exception. 7-15.001.5 Masculine to include the feminine. 7-15-001.6 C rdinance creating authority. 7-15.002 PERMITS 7-15.002.1 P rmit required. 7-15.002.2 P rmit application. 7-15.002.3 P rmit denial limitations and conditions. 7-15.002.4 Permit cancellation. 7-15.002.5 S andard conditions. 7-15.003 GENER L REQUIREMENTS - SAFETY. INSPECTION AND LIABILITY 7-15.003.1 Safety devices, lights and barricades. 7-15.003.2 Warning lights. 7-15.003.3 Safety device standards. 7-15.003.4 I spections as required by permit. 7-15.003.5 Ir spector on job. 7-15.003.6 Ir spection not to be obstructed. 7-15.003.7 Permittee liability. 7-15.003.8 Protection and repair of facilities and adjoining property. 7-15.003.9 I r terference with uti I ity. 7-15.003.10 Aids to visibility. _ 7-15.003.11 Liability insurance. 7-15.004 REQUIREMENTS - PERFORMANCE OF WORK 7-15.004.1 P-oof of right to use street. 7-15.004.2 C esign to accommodate drainage required by City. 7-15.004.3 Work specifications. 7-15.004.4 Work in accordance with plans. 7-15.004.5 P ompt completion of work/notice. 7-15.004.6 Noise, dust and debris. 2 000048 7-15.004.7 Changes. 7-15.004.8 Restoration of right-of-way. 7-15.004.9 Base and pavement thickness. 7-15.004.10 Seal or slurry. 7-15.004.11 Encroachment removal without replacement. 7-15.004.12 Road closure or interference_ with street use. 7-15.004.14 Records of installations. 7-15.004.15 Notice before commencing work. 7-15.004.16 Relocation of facilities. 7-15.004.17 Relocation where right-of-way improved. 7-15.004.8 Encroachment not a hazard. 7-15.004.19 Defective work and defects appearing after completion. 7-15.005 FEES AND COSTS 7-15.005.1 Issuance fee and other costs. 7-15.005.2 Deposit of fees. 7-15.005.3 Exemptions and waivers of fees. 7-15.005.4 Permit copy fee. 7-15.005.5 Charges for curbs, walks or surfaces. 7-15.005.6 Schedule of fees. 7-15.005.7 Permittee to pay for all costs. 7-15.005.8 Costs to be actual costs. 7-15.005.9 No fee when inspected by governmental agency. 7-15.005.10 Engineer inspection. 7-15.005.11 Deposit required. 7-15.005.12 Cash Deposit-General or special. 7-15.005.13 Return of deposit. 7-15.005.14 Certificate of deposit. 7-15.005.15 Additional Securities. 7-15.005.16 Acceptance of negotiable paper. 7-15.005.17 Expiration date of security. 7-15.005.18 Deposit-General. 7-15.005.19 Deposit-Specific. 7-15.005.20 Monthly billing of issuance fee. 7-15.005.21 Permits not issued if bill unpaid. 7-15.005.22 Issuance fee refunded. 7-15.005.23 Inspection fee refunded. 7-15.005.24 Plan check fee refunded. 7-15.006 CONSTRUCTION PERMITS 7-15.006.1 Provisions for construction permits. 3 0000. 9 t 7-15.006.2 P ans may be required. 7-15.006.3 A proved lines and grades for work. 7-15.006.4 C riveways. 7-15.006.5 hen a driveway not to be constructed. 7-15.006.6 Width of driveways. 7-15.006.7 Distance between driveways. 7-15.006.8 Driveway deviations. 7-15.006.9 Certificate of acceptance. 7-15.006.10 Cffers of dedication and lighting. 7-15.006.11 I vestigation of lighting. 7-15.006.12 A ditional stakes. 7-15.007 ADDITIONAL REQUIREMENTS 7-15.007.1 Cleanup. 7-15.007.2 Agreement to relocate. 7-15.008 LANDSCAPING 7-15.008.1 Requirements for planting. 715.008.2 Denial of planting permit. 715.009.3 Sight distance. 7-15.009.4 Plantings neat and orderly. 7-15.009 APPEAL AN VI LATI N 7-15.009.1 P-ovision for appeal. 7-15.009.2 T me of hearing. 7-15.009.3 City council action. 7-15.009.4 Violation. 7-15.010 PENALTIES TITLE 7 - Public Work CHAPTER 15 - ENCROACHMENT ON PUBLIC PROPERTY 7-15.001 GENERAL PROVISIONS AND DEFINITIONS. 7-15.001.1 Title and scope. This Chapter is knowr and may be cited as the "Encroachment Ordinance. The provisions of this Chapter shall operate as a supplement to all applicable State of California Code sections 4 000050 concerning encroachments on city streets. In the event of conflicting provisions between this Chapter, the Municipal Code of the City and the State of California Codes, the most restrictive shall prevail. 7-15.001.2 Definitions. The following words and phrases shall hereinafter apply in this Chapter. Any identified term used in any definition or generally in this Chapter shall have the meaning hereinafter described for that term: A. "Actual cost' means the amount required to be paid to the City or any agent of the City for work done by the City or its agent to correct, amend, re-do, or perform work on behalf of a Permittee by the City or its agent and shall include all administrative, construction, equipment, materials, interest, appreciation and/or depreciation, labor or other costs incurred by the City or its agent in performing such work. B. "Applicant" means any Person, firm, partnership, association, corporation, company, entity or organization of any kind who proposes to encroach upon a Public Place, Right of Way, Street, or private property if governed by this Chapter, and who has applied for a Permit for the proposed Encroachment pursuant to the provisions of this Chapter. C. "Base course" means that portion of the paved structural section located between the Pavement and the Native Soil. D. "Blanket Permit" means any Permit issued to a public agency, public utility, or state water agency which covers all Encroachments made by such entity in the City. E. "City" means the City of Atascadero. F. "City Council" means the City Council of the City of Atascadero. G. "Code" means the Municipal Code of the City unless otherwise defined in the text where it is used. H. "Department" means the Department of Public Works of the City. I. "Driveway" means that point of vehicular ingress or egress to private property where it meets the prescribed or legal Public Right of Way and shall include, but not be limited to, that portion of the said Right of Way between the private property line and curb, or between the private property line and the Right of Way Pavement if no curb exists. s 5 000051 J "Encroachment means and includes any landscaping, obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, mailbox, entry monument, or any structurE or object of any kind or character not particularly mentioned in this Chapter which is placed on, in, along, under, over or across a Public Place, Right of Way or Street, including any excavation on, in, along,under, over or across said Public Place, Right of Way or Street. This subsection does not apply to the temporary use of a Street for ordinary maintenance of any existing authorized or permitted Encroachment; nor to the suspension or stringing on existing pole line of additional cables, wires, transmission lines, conduits or service connections solely for temporary telephone or electric power purposes. K. "Encroachment Work" means the work of constructing, placing or installing an Encroachment. L. "Engineer" means the Director of Public Works and/or the City Engineer of the City, or the designee of either or both. M. "Excavation" means any opening in the surface of a Public Place, Right of Way or Street made in any manner whatsoever, except an opening into a lawful structure below the surfz ce of a Public Place, Right of Way or Street the top of which is flush with the adjoini g surface and so constructed as to permit frequent openings without injury or damage to the Public Place, Right of Way or Street. The term shall also include any ex avation on private property which removes or imperils the lateral support of a Public Place, Right of Way or Street. N. "Height' means that dimension measured in a vertical line from the level surface upon which an object stands to the highest protrusion of the object measured. O. "Landscaping" s used herein means any ornamental vegetation which will have no greater height t ian three (3) feet at maturity. P. "Native soil" mans material in its natural state. Q. "Newly Renovated Street" shall mean any Street which has been capped, overlaid, or sealed within the three (3) years immediately preceding the application for a Permit to Encroach. R. "Overhead Stru tures" means any improvement, other than franchise utility poles and their facilities, extending over a Public Place, Right of Way or Street, including canopies but excluding such projections from buildings as are so excepted and enumerated in the Uniform Building Code or other codes which may have been or may be adopted by the City. 6 000052 S. "Pavement" means the surfaced portion of a Right of Way or Street structural section which is composed of various size aggregates mixed with Portland cement and/or asphaltic compounds. T. "Permittee" means any Applicant to whom a Permit for an Encroachment is granted by the City. U. "Persons" means any individual, corporation, association, public or quasi-public agency and other legal entities. V. "Public" means all Persons as defined by this Chapter other than the City and includes the United States and the State of California. W. "Public Place" means any facility, Street, structure, Right of Way, Colony Road or other improvement owned and/or maintained by the City and used by the Public. X. "Right of Way" means any Colony Road, or any land or interest therein which, by deed, conveyance, agreement, dedication, usage or other process of law, has been reserved for, or dedicated to, the City for use by the Public and shall include, but not be limited to, slopes, walls, other roadway supports, roads, street systems, private or paper roads, and all other thoroughfares open to the Public. For purposes of this Ordinance a "paper road" shall mean a road or Colony Road which is unbuilt or partially unbuilt. Y. "Section" means a section of this code unless some other ordinance or statute is expressly cited. Z. "State" means the State of California. AA. "Street" means any highway street, way, sidewalk or other Public Place in the incorporated territory of the City, either owned by the City, used by the Public pursuant to prescriptive rights, or dedicated to the Public for the purpose of travel by vehicles or pedestrians including Colony Roads. "Street" includes all, or any part of, the entire width of Right of Way, and above and below the same, whether or not such entire area is actually used for Street purposes. BB. "Vehicle" means a vehicle or combination of vehicles as described in the California Vehicle Code. CC. "Vehicle Code" means the California Vehicle Code in effect at the time of issuance of the Permit. DD. "Width" means that distance across a Public Place, Right of Way, Colony Road or • 7 000053 Street measured at a right angle from one side of the Public Place, Right of Way or Street to the other side. EE. "Colony Road" eans all roads, streets, boulevards and lanes shown on the Map of the Atascadero Col Dny recorded with the San Luis Obispo County Recorder, Book 3AC. 7-15.001.3 Applicability. Unless the provisions or the context otherwise require, the general provisions, rules of construction, and defir itions contained herein shall govern the construction of this Chapter. 7-15.001.4 Exception. This Chapter shall not apply to: A. Any officer, ag nt or employee of the City. Work performed by any person under contract with, or at the request of, the City is exempt from the fee and security requirements o this Chapter. B. Any governme ital or quasi-governmental agency during an emergency, when such officer, agent, e ployee of such governmental or quasi-governmental agency is acting in the discharge of official duties. C. Any officer or employee of the Atascadero Mutual Water Company acting in the discharge of t eir designated duties. Outside contractors performing work for the Atascadero Mu ual Water Company shall not be exempt from the requirements of this Chapter. 7-15.001.5 Masculine to include the feminine. Any time the masculine "he", "him" or "his" are used they are deemed to include the feminine "She" or "her" or "hers" respectively. 7-15.001.6 Ordinance creating authority. Except as otherwise noted, the rules and regulations in this Chapter 15 shall be those established by Ordinance No. 332, adopted on July 22, 1997. 7-15.002. PERMITS 7-15.002.1 Permit required. 8 000054 Every Person except as otherwise provided in this Chapter shall obtain an Encroachment Permit from the Engineer before he or she: A. Places, makes, or causes to be made, changes or renews an Encroachment or an Excavation; provided, however, that an owner, lessee or person in control of private property under active agricultural use and immediately abutting the Right of Way may, without obtaining a permit, use the untraveled portion of the Right of Way abutting such private property for the growing and maintenance of agricultural crops and the burning of weeds so long as such use does not interfere with vehicular or pedestrian traffic or drainage of the Right of Way. Encroachments or Excavation for which Permits are not required pursuant to this Chapter are subject to removal under the procedure and penalties provided in Sections 1481 through 1485 of the Streets and Highways Code; B. Places, constructs or repairs any curb, gutter, Sidewalk, Driveway, Pavement, Base Course, retaining or garden wall, storm drain, culvert, pipe, conduit, cable or other work of similar nature in, over, along, across or through any Public Place, Right of Way or Street; C. Constructs, reconstructs or repairs any Street light, or Street lighting system in any Street which is open to the Public. This subsection does not apply if any agreement with the City exists for the construction, reconstruction or maintenance of such installation; D. Constructs, reconstructs, repairs or maintains any Overhead Structure or other appurtenant facility; E. Places or leaves any impediment to travel, including trash and/or debris, upon any Public Place, Right of Way or Street; F. Erects or maintains any post, sign, banner, pole, fence, guardrail, mailbox, wall, loading platform or any other structure on, over, under or within a Public Place, Right y of Way or Street; G. Landscapes or removes any landscaping within a Public Place, Right of Way or Street; H. Lights or builds a fire for the purpose of disposal of weeds, brush or debris on a Public Place, Right of Way or Street; I. Uses a Public Place, Right of Way or Street in any manner for purposes of subsurface exploration; 9 000055 4 J. Conducts land surveying operations or makes traffic counts in such a way that it is necessary to excavate on, or within a Public Place, Right of Way or Street, or in any way interferes ith the normal flow of traffic on a Street; K. Causes or permits water (other than water from natural sources) to flow onto, or upon, any Public Place, Right of Way or Street wherein the water is contained within the improved section by curbs or berms; Nothing in this chapter prohibits any Person from maintaining pursuant to any law, ordinance or permit, any pipe, cable, or conduit in any street, or from making such excavation as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or from making repairs, provided that the person performing such work applies for a Permit not later than the next business day after such work is commenced. 7-15.002.2 Permit application. A. Application for a Permit shall be made in writing to the Department, on the forms provided by the Department. An Applicant shall complete all information on the forms provided by tF e Department and any form not so completed may be rejected by the Engineer. B. On each appli ation, the Applicant or his duly authorized agent shall sign a statement on the Applicant's behalf that he agrees to preserve and save harmless the City and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons including death, or property happening or occurring as a proximate result of the Applicant's activities pursuant to the Permit for which the Applicant is applying. C. When required by the Engineer, the Applicant shall attach to, or enclose with, the application four (4) copies of a map, plat, sketch, diagram or similar exhibit which plainly show a y and all information necessary to locate, delineate, illustrate or identify the proposed Encroachment. 7-15.002.3 Permit Denial, Limitations and Conditions. A. The Engineer May refuse to issue a Permit under the following conditions: 1. When e finds that the proposed Encroachment is not in the best interest of the Public; 2. When ie finds that the proposed Encroachment will be detrimental to the health, safety or general welfare of the Public; 10 000056 3. When the Permit requested is for an Excavation in a Newly Renovated Street. Public agencies and public utilities shall determine alternate methods of making necessary repairs to the opening of aNewly Renovated Street. Exceptions may be made to denial of a Permit in the situations described above when: a. There is an emergency which endangers life or property, b. There is an interruption of essential utility service, C. Repairs must be made by a public agency or public utility to failed pipelines and conduits or when a new connection which could not have been anticipated must be made, d. Work is mandated by City, state, or federal legislation, e. Service is required for buildings or areas where no other reasonable means of providing services exists, f. Boring is not feasible due to technical engineering reasons, or g. Any other situation in which the Engineer has deemed Excavation to be in the best interest of the Public. B. The Engineer may attach such conditions to any application for a Permit as in the Engineer's sole discretion are reasonably necessary for the protection of the City and the Public including, but not limited to conditions to prevent undue interference with traffic, to limit the extent of any Encroachment made or placed, to require the Encroachment to be installed and operated in a manner which will preserve and protect the health, safety and welfare of the Public, to prevent interference with private property, users of the Public Place, Right of Way or Street or holders of other permits and, to enforce the requirements for and of other permits required to be issued for the Encroachment pursuant to the provisions of the Code. Additional security may be imposed to insure those conditions are met. C. If a Permit is issued to open any Newly Renovated Street, the Engineer may impose an additional fee or deposit as determined by the City Council for such opening. However, such fee or deposit may be waived by the City Council or its designated representative when a public agency or public utility can demonstrate to the satisfaction of the City Council that the excavation is occasioned by circumstances beyond its control. D. Each Permit shall specify the time the Permit becomes null and void and the Permit shall become null and void on the date so specified unless the Engineer extends the 11 00005'7 1 0 time. The Engineer may extend the time if, in his opinion, the work for which the Permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the Permittee. 7-15.002.4 Permit Cancellation. A. A Permit may be canceled by the Engineer who may issue an immediate stop work order and red tag the permitted Encroachment for any of the following reasons: 1. When permitted work is not started within the time specified in the Permit and/or i! started but not diligently prosecuted to completion; 2. Impendi ig failure, or failure on the part of the Permittee to comply with all of the requirements of the Permit; 3. Impending failure, or failure on the part of the Permittee to provide for Public safety; 4. For cau e as may be determined by the Engineer in his sole reasonable discreti n for Public health and safety reasons. B. Any repairs or other work undertaken by the City to restore, repair, complete or otherwise putt ie Public Place, Right of Way or Street in a safe and usable condition when a Permit has been canceled, a stop work order issued or a red tag posted shall be undertaken pursuant to a force account and the costs of such work shall be paid to the City by the Permittee. C. Action taken under this Section shall not constitute a bar to criminal proceedings provided for in this Chapter or otherwise permitted by the Code. 7-15.002.5 Standard Conditions. The following conditions shall be deemed a part of each Permit issued pursuant to this Chapter: A. All work performed under the Permit shall be in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. B. All work undel the Permit shall be performed by a contractor who posses a current Class A Generz I Engineering Contractor's license in the State of California. C. The State Stanc and Specifications or other specifications as specified by the Engineer 12 000058 E shall apply to all permits in the absence of specific City standards. s D. By accepting the Permit, the Permittee agrees to be bound by all the terms and conditions set forth in the Permit and in this Chapter. E. Blanket Permits, renewable annually, may be issued to any city, utility district or public utility, subject to compliance with all applicable provisions of this Chapter or of the Permit. The Engineer may revoke any such Blanket Permit if the Permittee fails to comply with any of the provisions of this Chapter or the Permit. The issuance of a Blanket Permit does not relieve the Permittee from making such reports of activity under the Blanket Permit as may be required by the Engineer or of the requirements for paying for inspection, repairs and other costs incurred by the Department due to the Permittee's activity under the Blanket Permit. Blanket Permits for Excavations shall be limited to utility trenches not exceeding two (2) feet in width, dug at a right angle to the centerline of the road, or an Excavation not exceeding thirty (30) square feet in area. No road may be closed when using the maximum length option. Two-way traffic shall be maintained at all times. F. Permits issued under the authority of this Chapter shall be non-transferable. G. Work performed without Permit; removal of work which poses a threat to the health, safety, or general welfare of the public. 1. Failure to obtain a Permit for an encroachment, as required by this Chapter, shall constitute a violation of this Chapter and subject a Person performing such work to all penalties hereof. 2. Whenever an Encroachment has been installed without a Permit as required by this Chapter and that work poses a threat to the health, safety and general welfare of the public, the Engineer may, at the Permittee's or owner's sole expense, remove the Encroachment. Whenever an Encroachment has been installed with a Permit as required by this Chapter and that Encroachment does not conform to the design and specification approved by the Permit, and that Encroachment poses a threat to the health, safety and general welfare of the public, the Engineer may, at the Permittee's or owner's sole expense, remove the Encroachment. H. The Permittee shall make the Permit available for inspection by the Engineer or his representative or by any peace officer or other person having responsibility for safety or maintenance of the Public, Public Place, Right of Way or Street. I. During the progress of the work, the Permittee shall maintain a sign at such work site 13 000059 bearing the narrie, address, telephone number of the Permittee and a twenty-four (24) hour emergency telephone number where assistance may be obtained throughout the duration of thework Permitted. This section shall not be applicable to utilities doing their own main enance, repairs or installation by their own employees. However, if a utility uses an outside contractor to do such work, the contractor must post a sign in accordance wit this section. J. All obligations, responsibilities and other requirements of the Permittee as described in this Chapter 5hall be binding on subsequent owners of the Encroachment. 7-15.003 WORK REQUIREMENTS - SAFETY, INSPECTION, AND LIABILITY 7-15.003.1 Safety devices, lights and barricades. In the conduct of the E icroachment Work, supplies and excavated material shall be properly placed and the Permit-.ee shall provide and maintain such safety devices including, but not limited to, lights, barri ades, signs, flags and watchmen, as are necessary to protect the Public and as approved by the Engineer or his designee. Any omission on the part of the Engineer to specify in the Permit at safety devices shall be provided by, or preventative action required of, the Permittee shall tiot excuse the Permittee from complying with all laws, regulations and ordinances relating to the protection of Persons or property under the circumstances. If the Engineer finds that suitable safeguards are not being provided, he may, immediately and without notice, maintain and relocate such safety devices or take such action as is deemed necessary, charging the Permittee in accordance with the schedule of charges as adopted by the City Council. 7-15.003.2 Warning lights. A Permittee making a y Excavation or leaving any obstruction which could be a hazard to persons using a Public Place, Right of Way or Street shall provide and maintain warning lights far enough away from 1he Excavation or obstruction to give adequate warning to such persons, and at not less than fifty-foot intervals along the Excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise the next day, until the work is completed and the Public Place, Right of Way or Street is made safe for use. 7-15.003.3 Safety device standards. All safety devices and onstruction practices shall conform to the requirements of the normal of Traffic Controls for Construction and Maintenance Work Zones issued by the California Department of Transp rtation and the California Vehicle Code, so far as such manuals and codes are applicable. 14 000080 } 7-15.003.4 Inspections as required in Permit. During the progress of the work and upon completion, the Permittee shall call for City inspections at the times required by the Permit under which the work is undertaken. The Engineer may revoke a Permit upon the failure of the Permittee to call for inspections as required by the Permit and may require supplemental tests if the City inspector is not notified at the proper times. 7-15.003.5 Inspector on job. If in the sole judgment of the Engineer it appears desirable to maintain an inspector to determine whether work is being done in compliance with the Permit, the Engineer shall assign an inspector and the Permittee shall reimburse the City for the cost of said inspector in accordance with the schedule of charges as adopted by the City Council as that schedule of fees may be amended from time to time. 7-15.003.6 Inspection not to be obstructed. No Person shall obstruct the Engineer or his designee from making any inspection authorized by this Chapter or in taking any sample or in making any test, or attempt to mislead or falsify the work or make misleading statements regarding the work being done subject to a Permit authorized by this Chapter. 7-15.003.7 Permittee liability. The Permittee shall investigate and be aware of all existing facilities lawfully within the Public Place, Right of Way or Street which are within the boundaries of his permitted activity. The Permittee shall not interfere with any existing Public or private facility without the consent of the City in the case of a Public facility or the owner of a private facility. If it becomes necessary to relocate an existing facility, relocation shall be done by Permittee under City direction, at Permittee's cost, if the facility is a Public one, or by the owner or the Permittee to the satisfaction of the owner if the facility is private. The cost of moving any facility shall be borne by the Permittee unless he makes other arrangements with the City or private owner of the facility, as the case may be, or unless the owner of a private facility is required by his franchise or agreement to move his facility without cost. 7-15.003.8 Protection and repair of facilities and adjoining property. The Permittee shall support and protect all Landscaping, trees and other facilities, including but not limited to structures, wires, cables, pipes, conduits, poles, and other apparatus, both aerial and underground. If such Landscaping, trees or facilities are (1) on adjoining private property the method of protection shall be one satisfactory to the owner of such improvements and the Engineer, and (2) on a Public Place, Right of Way 15 000061 t or Street the method of protection shall be one satisfactory to the Engineer. The owner of private property has the right to support or protect any of its facilities at the sole expense of the Permiltee. In case any of the Landscaping, trees or other facilities (public or private) should be damaged, they may be repaired by the private owner or the City at the expensE of the Permittee or, if authorized by the owner or the City, as the case may be, may be repaired by the Permittee under the supervision of the owner or the City, as the caSE may be. All expense of repairs to any damaged facilities shall be borne by the Perm ttee. In meeting the conditions of this Section 715.003.8, the Permittee or any other Person shall comply with all provisions of the City's Tree Ordinance, as amended from time to time. 7-15.003.9 Interference with utility. No Permittee shall interfere in any manner whatsoever with any property, any public utility otherwise gover ed by City, State or Federal statute, any facility owned by the Atascadero Mutual Water Company, or with any tree which is governed by the Tree Removal and Tree Relocation Ordinance (Municipal Codes 7-15.003.10 Aids to isibility. When the location or position of an Encroachment impairs visibility to vehicular traffic, the Engineer may require that the Encroachment be painted or equipped with reflectors or other aids to visibili y prescribed or authorized by the Public Utilities Commission of the State, or the Eng neer may require the Encroachment to be relocated at the sole expense of the Permittee. No Encroachment shall be maintained across any sidewalk area or shoulder of a Street. No Encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicula traffic. 7-15.003.11 Liability insurance. The Permittee shall maintain adequate public liability insurance, including, but not limited to motor vehicle insurance, to protect him and the City from any claims for damages for personal injury, including death, and for damage to property, which may arise from the Encroachment Work or other operations under the Permit, whether such Encroachment Work or other operations is done by the Applicant or by any agent or anyone directly or indirectly employed by him or his agent. The City shall be named as an additional insured and the policy shall be issued by a company authorized to do business in the State. The amount of insurance shall be as prescribed by the City by a resolution adopted bY the City Council. In the absence of such a resolution, the minimum liability shal be determined by the Engineer. This section shall not apply to any work done by utility companies or by the Atascadero Mutual Water Company by their own employees. However, if a utility company or the Atascadero Mutual Water 16 000062 Company uses an outside contractor to perform any work, the contractor must maintain adequate insurance in accordance with this section or the utility company must provide evidence that its own insurance policy cover the contractor and the City. 7-15.004 REQUIREMENTS - PERFORMANCE OF WORK 7-15.004.1 Proof of right to use street. Every Permit issued under this Chapter for activity or work in, along, on, over, across or under the Street shal I be granted subject to the right of the City or any other Person entitled thereto, to use that part of such Public Place, Right of Way or Street for any purpose for which such Public Place, Right of Way or Street may lawfully be used. Proof of the Applicant's right to use the Public Place, Right of Way or Street for the purposes set forth in the application shall be filed with the Engineer. 7-15.004.2 Design to accommodate drainage required by City. Each application for a Permit shall include, and each Permit issued pursuant to this Chapter shall, as appropriate, require, a design which shall: A. Accommodate a 25 year design storm B. Control erosion and sedimentation C. Preclude safety hazards, including but not limited to design for appropriate construction along and adjacent to the proposed project to preclude safety hazards; provided, however, the Engineer shall have the discretion to permit variations to the design of the project for which a Permit is to be issued as site conditions warrant. 7-15.004.3 Work specifications. All work, including that following revisions or that built according to the plans and specifications referred to in the Permit, shall be performed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings and, in addition, to any special requirements or specifications which are made a part of the Permit. In case of conflict between two specifications, the stricter specification shall apply. 7-15.004.4 Work in accordance with plans. All work shall be performed in accordance with the plans approved by the Engineer, as they may be amended from time to time. No work which is not consistent with the 17 000063 4 approved plans shall be approved upon final or intermediate inspection. All plans submitted as a part of the application for a Permit pursuant to this Chapter shall be signed by a California Registered Civil Engineer and any changes made to said plans must be signed by thedesign engineer prior to submittal to the City for final approval. 7-15.004.5 Prompt ompletion of work/notice. A. After work is co menced, the Permittee shall prosecute with diligence all work covered by the ermit. The Permittee shall promptly complete such work and restore the site o satisfactory condition so as not to obstruct the Public Place, Right of Way �Or Street or private property or Public travel more than is reasonably necessary. B. If the work subject to a Permit pursuant to this Chapter is not completed in a reasonable and diligent manner the Department shall notify the Permittee to complete the ame within a specified period of time. If the work is not completed wit in that time, the Department shall have full power to do the work or may c ntract for the performance of the work and the reasonable cost thereof, including administrative expense, shall be deducted from the deposit or other security made by the Permittee. If the Permittee has no deposit or other security, the Permittee will pay the City directly for the work performed. 7-15.004.6 Noise, c ust and debris. Each Permittee shall conduct and carry out Encroachment Work in such a manner as to avoid unnecessary nconvenience and annoyance to the Public and occupants of neighboring property. In the performance or the work, the Permittee shall take appropriate measures W reduce, to the fullest possible extent, noise, dust and unsightly debris. The Permittee shall be liable and shall hold City harmless from any liability or damages occurring to Persons or public or private property, real or personal, by reason of work done by the Permittee pursuant to a Permit issued pursuant to this Chapter. 7-15.004.7 Changes. No changes may be made in the location, dimensions, character or duration of the Encroachment or use as granted by the Permit except upon authorization by the Engineer. The Permittee seeking changes to the design or specifications of the work Permitted shall submit his request for the change, in writing, signed by his design engineer. 7-15.004.8 Restoration of Right of Way and/or Street. Upon completion of tie Encroachment Work authorized by a Permit, the Permittee 18 000064 shall restore the Right of Way or Street, including bridges and any other structure thereon, by replacing, repairing or rebuilding it in accordance with the specifications or any special requirement included in the Permit, but not less than to its original condition before the Encroachment Work was commenced and in all cases in good riding quality. The Permittee shall remove all obstructions, materials and debris upon the Right of Way and Street, and shal I do any other work necessary to restore the Right of Way and Street to a safe and usable condition, as directed by the Engineer. Where Excavation occurs within areas already paved, the Engineer may require temporary paving to be installed within four (4) hours after the Excavation area is backfilled. In the event that the Permittee fails to act promptly to restore the Right of Way and/or Street as provided in this section, or should the nature of any damage to the Right of Way or Street require restoration before the Permittee can be notified or can respond to notification, the Engineer may, at his option, make the necessary restorations and the Permittee shall reimburse the City in accordance with the schedule of charges as adopted by the City Council. 7-15.004.9 Base and Pavement thickness. Unless otherwise determined by the Engineer, where the Pavement or surface has been removed, the Permittee shall replace it to a thickness of no less than three (3) inches or match the surrounding Pavement thickness, whichever is greater or surface, and in no event, to a thickness less than that set forth in the approved plans filed for the Permit; the base course removed shall be replaced to a thickness of two (2) inches greater than that of the surrounding base course. Class two (2) base backfill shall be used in any case where a trench width is less than twenty-four (24) inches or the total depth of the excavation is less than two (2) feet. 7-15.004.10 Seal or slurry. When a Street surface has been treated with a seal or slurry prior to work under Permit, the seal and/or slurry shall be replaced upon the portion repaired, unless otherwise determined by the Engineer. 7-15.004.11 Encroachment removal without replacement. When an existing Encroachment is removed and not replaced, the entire Encroachment shall be removed from the Public Place, or Right of Way or Street and any disturbed surface or hole left after the removal shall be backfilled, compacted and restored to good or better condition, with a ridable surface where appropriate, unless the Engineer permits otherwise. 7-15.004.12 Road closure or interference with street use. All Encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the Public or unreasonably interfere with, or cause inconvenience to, the occupants of adjoining property. At no time 19 000065 t shall a Street be temporarily closed or the use thereof be denied to the Public, except by permission of the City Council or in the event the Council is unable to act in the time required by law, by the Engineer or his designee. 7-15.004.13 Records of installations. Every Person owning using, controlling or having an interest in any pipe, conduit, duct, tunnel, or other such similar structure under the surface of any Right of Way or Street for supplying or conveyin gas, electricity, communication facilities, waters, steam, ammonia or oil, or for any other purpose, shall file in the office of the Engineer within sixty (60) days after the complete installation, a corrected set of maps or atlas sheets drawn to a scale of not more than one (1) inch to fif y (50) feet showing the complete installation of all such substructures. The same is required on a map showing the location in detail of such substructures when such are abandoned. Maps and atlas sheets submitted periodically by public utilities shall cover the intent of this Section With respect to the public utility which has maps on file in the City. The Atascadero Mutual W ter Company is exempt from the requirements of this section. 7-15.004.14 Notice before commencing work. A. Before commencing any Encroachment Work authorized by any Permit issued pursuant to this Chapter, the Permittee shall notify the underground service alert ("USA")-r --- the City police and the Engineer of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform th a work. B. Before comm ncing any Encroachment Work authorized by any Permit issued pursuant to this Chapter, where adjoining or abutting private property has access to the Public Place, Right of Way or Street within one hundred (100) linear feet of the Encroachment Work, the Permittee may be required to give written notice at least forty-eight (48) hours prior to commencing any work to the property owner(s) and occupant(s) oft the dates and times of the Encroachment Work and shall post a notice of such impending work in.no less than one (1) conspicuous place on either side of the impending work at least forty-eight (48) hours prior to commencing such work. Such written notice and posted notice shall include the telephone number of the Permittee and his agent who will perform the work. 7-15.004.15 Relocat on of facilities. Unless specified by the Engineer, the Permittee shall make proper arrangements for, and bear the cost of, the relocation of any structure, publicly or privately owned facility, tree, or Landscaping, where s ch relocation is made necessary by the proposed work for which a Permit is issued. The ngineer may elect to do the necessary relocation at the Permittee's expense. The Engineer shall require the Permittee to obtain a Tree Removal Permit or Tree Relocation Permit pur uant to -. ;;;.;of the Municipal Code prior to, or simultaneously with the issuance of the En roachment Permit where the proposed work includes or affects a tree 20 000066 1 governed by said Code. 7-15.004.16 Relocation where right-of-way improved. Any Encroachment lying in the Right of Way, Street or on a Public Place shall be removed or relocated upon notice from the Engineer that the City is undertaking improvements in the area which necessitate the removal or relocation. Said notice shall specify the time within which the Encroachment shall be removed or relocated and the location where the Encroachment may be replaced if it is to be relocated. If such City improvements require relocation or removal of an Encroachment, the Permittee or Person who installed such Encroachment shall relocate or remove the Encroachment at his sole expense, except as provided by State statute. The Atascadero Mutual Water Company is exempt from the requirements of this section. If the Permittee fails to comply with the requirements set forth in the notice from the Engineer, the City may relocate the Encroachment at the expense of the Permittee in accordance with the schedule of charges as adopted by the City Council. In determining what is a reasonable time under this section, the Engineer shall take into consideration the nature of the Encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property to the owner, and other facts peculiar to the particular situation. The provisions of this Section apply to all Permittees, including public agencies and public utilities having authority to occupy City Rights of Way pursuant to a franchise or an express provision of the California Code. However, this Section shall not apply to public agencies and public utilities if such improvement is required due to the construction of a State freeway. 7-15.004.17 Encroachment not a hazard. The Engineer may require that evidence be submitted with the application to satisfy him that the proposed Encroachment will not create a hazard of any kind. 7-15.004.18 Defective work and defects appearing after completion. A. In case any part of a Public Place, Right of Way or Street should not be restored to the conditions required by this Chapter or the Permit or should develop defects after the completion of the work permitted hereby, for any reason other than natural wear of the surface, the Permittee shall immediately proceed to repair and restore the Encroachment upon written notice from the Engineer. The repair and restoration shall be to the satisfaction of the Engineer. The fact that the original work was subject to the inspection of, inspected by, or under the authority of, the Engineer as provided for in this Chapter shall not excuse the Permittee from its duty and obligation imposed by this Section. B. When the work was done pursuant to an exception permitted by this Chapter, the written notice shall be sent to the Person who actually installed the Encroachment and 21 000067 f Pr it shall be the r s onsibilit o such Person to make the repair an p y p d restoration. C. In case the PavE ment is not completely restored within the time limits set forth in the Engineer's notice to the responsible Person or Permittee, the City may do the work at the expense of the delinquent Person or Permittee and shall bill such Person or Permittee. 7-15.005 REQUIREMENTS - FEES AND COSTS 7-15.005.1 IssuancE fee and other costs. All applicants, except as otherwise provided in this Chapter, shall pay an issuance fee and all other costs and charge5 as established for the work permitted pursuant to this Chapter. 7-15.005.2 Deposit of fees. Issuance fees and char es for repairs, inspection, or engineering collected under the provisions of this Chapter shall be deposited in the respective funds from which the corresponding disbursements were made. 7-15.005.3 Exempti ns and waivers of fees. A. The followings iall be exempt from paying all fees: the United States, the State and all departments of he City, the Atascadero Mutual Water Company. Outside contractors performing wor< for the Atascadero Mutual Water Company shall not be exempt from the payment of fees. B. The Engineer may grant a Permit without an issuance fee if he finds that the work to be done has been requested by the City in connection with proposed public works. C. If the Engineer determines that the waiver of any part of the fees is necessary to promote the s fety of the Public or its general welfare he may waive all fees and deposits. D. In cases where the fee is waived, the Permittee shall be liable for the Actual Costs of any work requi ed to be done by the Department in restoring the Public Place, Right of Way or Street to be in as good a condition as before any such work was commenced. Furthermore, the Engineer may, in the future, require the delinquent deposit from any such Permittee if a bill rendered in accordance with this Chapter becomes delinquent. 7-15.005.4 Permit dopy fee. The fee for each true copy of a Permit to the Permittee shall be twenty-five cents per page. 22 00008 7-15.005.5 Schedule of Fees The schedule of fees or charges will be those recommended by the Engineer and adopted by the resolution of the City Council amended from time to time. Where work for which a Permit required by this Chapter is started or proceeded with, prior to obtaining the Permit, the specified fees shall be doubled, but the payment of such doubled fee shall not relieve any persons from fully complying with the requirements of this Chapter in the execution of the work nor from any other penalties prescribed in this Chapter. 7-15.005.6 Permittee to pay for all costs. The Permittee is liable for and shall pay for all the Engineer's departmental costs related to the Permit over and above the Permit issuance fee and including, but not limited to, the following: A. The Permit issuance fee if that has not otherwise been paid; B. Engineering, which includes design, inspection, survey, and tests; C. The cost of any inspection, transportation, or test made; D. The cost of repairing or restoring the Public Place, Right of Way or Street and all appurtenant facilities to the same or equal condition that they were before being cut or damaged as a result of the Permittee's activities; E. The cost of furnishing and/or maintaining any lights, barricades or warning devices; F. The cost of alteration, removal, replacement, and/or repair to traffic signals and devices, the removal and replacement of temporary and/or permanent traffic stripes and any other expense for traffic control; G. The cost of removing or remedying any hazardous condition; H. The cost of tree-trimming; I. Any other cost to the City caused by the Permittee's activity. 7-15.005.7 Costs to be Actual Costs. Except as otherwise provided herein, whenever in the provisions of this Chapter, any costs are to be charged to the Permittee and no other method for the calculation of such costs is specified, such costs shall be the Actual Costs including overhead and depreciation in accordance with current practice in charging for work performed for the Public and as defined in the Encroachment fee resolution as adopted by the City Council. 23 000069 } 7-15.005.8 No fee Avhen inspected by governmental agency. The Engineer may issue a Permit without any inspection fee or deposit for work which will be inspected by a qual fled governmental agency which will furnish evidence to the City to the effect that the wok will be inspected and will comply with the minimum standards required by the City. 7-15.005.9 Engineer inspection. If any Applicant receives a Permit pursuant to the provisions of this Chapter and a governmental agency fails to make the inspection or fails to file evidence as required by this Chapter, the Engineer may inspect the work and the Permittee shall pay the Actual Cost of such inspection to the City. 7-15.005.10 Deposit required. Unless exempted from this Chapter by law or by the Engineer, before obtaining a Permit each Applicant shall deposit with the Department a deposit which may be in the sole discretion of the City either cash a certified or cashier's check, a certificate of deposit pledged to the City, a letter of credit or a surety bond, in a form and for a term satisfactory to the City Attorney in a sum equal to one hundred and fifty percent (150%) of the Actual Cost of the work which would be required to restore the Public Place, Right of Way or Street to its original condition, or for correcting any condition occasioned by, or arising out of, any failure of the Permittee to co ply with any and all conditions of the Permit. Where the size and nature of the project warrant, the Engineer may require the additional deposit of One Thousand Dollars ($1,000) to indemnify and reimburse the City for work done by, or for, the City in correcting traffic hazards, unsafe conditions and any emergency condition occasioned by, or arising out of, t e doing of any work under any Permit issued to the Permittee. This section shall not applyto any work done by utility companies or by the Atascadero Mutual Water Company by their own employees. However, if a utility company or the Atascadero Mutual Water Compar y uses an outside contractor to perform any work, the contractor or the utility company must ile a deposit in accordance with this Section. 7-15.005.11 Cash de osit. A deposit may be in th 2 form of a special deposit to be maintained as security for a specific Permit issued to the A plicant or may be in the form of a general deposit to be maintained as a security for all of Me Permits issued to an Applicant. If an Applicant maintains a general deposit it shall be wit the understanding that he will pay all bills sent him by the Engineer for work described in this Chapter. The amount of the deposit shall be sufficient to cover all costs connected with 1 he Permits. An Applicant shall make a general deposit in an amount sufficient to cover on-going and anticipated Encroachments in the City, as determined in the i sole discretion of the Engineer. 7-15.005.12 Return of deposit. 24 0000'70 A. Any deposit required by the Engineer pursuant to this Chapter shall be payable to the City and filed or deposited with the Engineer prior to issuance of a Permit. Deposits returned to the Applicant shall be less any costs authorized to be deducted pursuant to this Chapter. B. Thirty (30) days after the satisfactory completion of all authorized work and fulfillment of all conditions of the Permit, the Engineer may release up to ninety percent (90%) of any deposit made pursuant to this Chapter, upon application of the Permittee if in the discretion of the Engineer the Applicant has completed the work subject to Permit hereunder in a manner which is consistent with the Permit and to the satisfaction of the Engineer. For any deposit so returned, the Engineer shall release the balance of said deposit to the Permittee prior to the expiration of a twenty-four(24) month period from the date of completion of work covered by such Permit. C. For Permits where the actual cost of work to the Permittee is Twenty-five Thousand Dollars ($25,000) or greater, the Permittee may establish with the Engineer, in the Engineer's sole discretion, a schedule of incremental milestones at each of which a partial release of the Permittee's deposit, as specified in such schedule, may be released by the Engineer if all work done in that increment and prior increments has met the conditions of the Permit to the satisfaction of the Engineer. D. The foregoing notwithstanding, the City may retain each deposit made for an Encroachment Permit, in whole or in part, in such amounts and for such period of time as is deemed necessary in the discretion of the Engineer to assure satisfactory completion of the work governed by a Permit granted pursuant to this Chapter. 7-15.005.13 Certificate of deposit. The Engineer may accept a certificate of deposit, in lieu of cash, made payable to order of the City to cover any deposit required by this Chapter. 7-15.005.14 Additional securities. The Engineer may require any type of security that has, in his opinion, become insufficient for protection of the Public interest, to be increased to such an amount as he has determined will be sufficient to protect the Public interest. 7-15.005.15 Acceptance of negotiable paper. The Engineer may, in his sole discretion, accept negotiable paper in payment of any Permit Fee (including engineering and inspection fees), deposit or other payment required by this Chapter. 7-15.005.16 Expiration date of security. 25 000071 4 No security or other form of indemnification is acceptable which bears an expiration date other than that deterrr ined by the City, but in no case shall such indemnification have an expiration date earliet than twenty-four (24) months from the date of completion of the Encroachment. 7-15.005.17 Deposit General If the Permittee maintains a general deposit with the City for the purposes of paying incidental fees due under the P rmit or any other fees which the Permittee may owe the City, the Engineer shall bill the ermittee monthly for all fees and costs chargeable under this Chapter and may deduct said z mounts from the general deposit so maintained with the City. When amounts are deducted from a deposit, the Permittee must restore the deposit to its original amount within fifteen 15) days. 7-15.005.18 Deposit Special In the event that an Ap licant maintains no account with the City, all fees and costs shall be payable on demand as hereinafter provided prior to issuance of the Permit, or if such fees or costs arise after issuance of the Permit, they shall be paid prior to the next inspection required pursuant to the Permit ssued hereunder. The Engineer shall bill for such fees and costs on a monthly basis. If, withi thirty (30) days after a bill has been sent, the Permittee does not pay the same in full, the Engineer shall cancel the Permit if he is unable to recover the amount due from any security the Permittee has filed pursuant to this Chapter. If the deposit or security is insufficient to pay the amount due, the City may enforce collection by any and legal means available to it. 7-15.005.19 Monthly billing of issuance fee. At the request of a Permittee who maintains with the Engineer adequate security as provided in this Chapter and to whom ten 0 0) or more Permits have been issued monthly, for three (3) consecutive months, the Engineer may waive the requirement covering prepayment of the issuance fees and bill 1he Permittee for issuance fees covering Permits issued subsequent to a such request. The Engineer may revoke such waiver at any time. 7-15.005.20 Permits iot issued if bill unpaid. The Engineer may elec not to issue further Permits to the Permittee and may hold any security provided by the Permi tee as long as any bill remains unpaid. 7-15.005.21 Issuance fee refunded. An issuance fee may be refunded when a Permit has been issued as the result of an error not made by the Permitte . 26 f 0000'72 7-15.005.22 Inspection fee refunded. All other provisions of this Chapter notwithstanding, fees deposited for any Permit issued pursuant to this Chapter may be refunded in whole or in part if such fees were erroneously collected or if the work was not constructed by the Permittee and no inspection requests were made. 7-15.005.23 Plan check fee refunded. If other refunds are in order, the plan check fee may be refunded also, provided that the plan check has not been made, or has been erroneously made, by the City. 7-15. 006. CONSTRUCTION PERMITS 7-15 .006.1 Provisions for construction Permits. The provisions of this Chapter apply to Permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, street surfaces, retaining walls, storm drains, culverts, street light or lighting system, or other appurtenant structures not included in any approved subdivision or parcel map or development permit (construction Work"). 7-15.006.2 Plans may be required. If in the opinion of the Engineer the Construction Work proposed to be done requires the making of plans or the setting of stakes, or both, the Engineer may require the application be accompanied by the necessary plans, which plans shall be prepared by a competent engineer to the satisfaction of the Engineer. 7-15.006.3 Certificate of acceptance. If the Engineer by survey or by inspection or by both ascertains that the Construction Work has been completed according to the requirements of the Permit issued therefor, and of all the provisions of this Chapter, he shall, if requested to do so by the Permittee, issue a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the Permit. 7-15.007 ADDITIONAL REQUIREMENTS. 7-15.007.1 Cleanup. As the work progresses, all Public Places, Rights of Way and Streets where an Encroachment is permitted shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris. All cleanup operations at the location shall be done on a daily basis and be accomplished at the expense of the Permittee. From time to time as may be ordered by the Engineer, and in any event immediately after completion of the work, the Permittee shall clean up and remove 27 0000'73 4 all materials, earth and debris of any kind. If the Permittee fails within twenty-four (24) hours after having been notif ed to do so by the Engineer or his designee, the work may be done by the Department and he Permittee charged in accordance with the schedule of charges adopted by the City Council. When a pole, guy-stub or similar timber is removed and not replaced,the entire length thereof shall be removed from the ground and the hole backfilled and compacted. 7-15.007.2 Agreem nt to relocate. Every application shal contain a statement, signed by the Applicant, that if any obstruction placed in the area for N vhich an Encroachment Permit is issued interferes with the future use of the Public Place, Riht of Way or Street by the Public, then the Applicant or his successors or assigns will at his wn or his successors' or assigns' expense remove or relocate such obstruction to a location satisfactory to the Engineer. The statement signed by the Applicant will not apply in cases when the Applicant has an easement superior to the Public use at the time of application arid can furnish evidence, when required, of such superior easement. Utilities operating urider franchises granted by the City shall relocate their facilities in accordance with the terms of such franchise. 7-15.008 LANDSCAPING 7-15.008.1 Requir ents for planting. The Applicant for a Pe mit to plant Landscaping in a Public Place, Right of Way or Street shall show in his application by sketch the proposed location and the kind of plants. No change shall be made in either the location or kind of Landscaping without amending the Permit. After planted and maintained for the term required in the Permit, Landscaping on a Public Place, Right of Way or Street shall become the property of the City. Any Permittee wishing to work on, remove or replac any tree shall comply with, and obtaining a Tree Planting or Tree Removal Permit as required by the Municipal Code §__, et sect. 7-15.008.2 Denial of planting permit. The City may refuse to issue a Permit authorizing Landscaping on a Public Place, Right of Way or Street when the location and/or the nature of the planting will be deleterious to the Public, will reduce sight distance, will unduly disturb the Public Street, Right of Way or Street, will pose a threat to the general health, safety and welfare of the motoring or pedestrian Public, or will in any vay impede construction or maintenance of facilities. 7-15.008.3 Sight distance. No Landscaping or fence or other structure shall be planted, erected or maintained on a Public Place, Right of Way or Street without a Permit, or in such manner which impedes, obstructs, denies ori pairs the sight distance for safe pedestrian or vehicular traffic. 28 0000'74 t 7-15.008.4 Plantings neat and orderly. The Permittee shall maintain Landscaping and fences or similar structures in a neat and orderly condition for so long as is required by the Permit. If the Encroachment is not so maintained, the Engineer may direct the Permittee to remove the Encroachment and restore the Public Place, Right of Way or Street to its former condition at the expense of the Permittee. 7-15.009 APPEAL AND VIOLATION 7-15.009.1 Provision for appeal. Any Person aggrieved by the refusal or revocation of a Permit may appeal to the City Council within thirty (30) days after the date of such action. The appeal shall be in the form of a written notice filed with the City Clerk and signed by the Applicant and shall be accompanied by the appeal fee as set forth in § ''of the Code. The notice shall have attached a copy of the application as filed with the Engineer, shall list and provide copies of all other items as have been filed, and shall state clearly and concisely the grounds upon which the Applicant relies in his appeal. 7-15.009.2 Time of hearing. Upon acceptance of an appeal filed pursuant to this Chapter, the City Clerk shall set the matter for hearing and shall notify the Applicant and the Engineer of the date and time. 7-15.009.3 City Council action. At the hearing of an appeal authorized by this Chapter, the Applicant shall establish to the satisfaction of the City Council that he is entitled to issuance of a Permit under this Chapter or to reinstatement of a Permit previously revoked or the appeal shall be denied. The Engineer may present his grounds for denial or revocation of the permit. The decision of the City Council is final. 7-15.009.4 Violation. Every Person who performs any work regulated by this Chapter, either without first obtaining a Permit therefor or having a valid Permit, fails or refuses to comply with any applicable provisions of this Chapter or with any condition of the Permit or performs work contrary to any of the general or special requirements or specifications of the Permit is deemed in violation of this Chapter. Each and every day in which there is a violation constitutes a separate offense. Violation of this Chapter is a misdemeanor. 7-15.010 PENALTIES A. Penalties for violation of this Chapter 7, Title 7 of this Code shall be as set forth in 29 0000'75 Chapter 3, Title I of this Code." B. A resolution establishing fees shall be brought to the City Council for adoption before this Ordinance takes effect. III. EXECUTION AND CERTIFICATION OFF THIS ORDINANCE. The Mayor is authorized to execute this Ordinance on behalf of the City and the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPR VED this _ day of , 19_. RAY JOHNSON, MA OR ATTEST: MARCIA M. TORGE SON, CITY CLERK APPROVED AS TO F RM: ROY HAN LEY INTERIM CITY ATTO ZNEY 30 0000,75 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss. CITY OF ATASCADERO ) I, Marcia M. Torgerson, City Clerk of the City of Atascadero, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1997. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1997, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARCIA M. TORGERSON, CITY CLERK 31 000077 MEETING AGENDA DAT8LL?,L9Z. REM!Dom,.... MIN 1�... ..{ ... fiv. .... l f..... ..1 k : $. \}v'd r, vgvv .Jt •.; +C ,Yv,.}: .F. vv}.,.¢v t�$.. .... ' }.4":• .<... `....:`•:•:$2. •ft1: �'�+-'..': '•`}`,`+,,F+,'.ds �`i•.':v < %�.f,r{�•rs"I :x,k?:t�:• ;}'•-}'-/ �': 'Y r` +`.-,+:ter' Yxa�.t}v •s•;'.,,:•ti'•` )<.•'':`'f:,�,u`S. .'{�.; i -+} .tom.ice+ •+ •.n• •�t,,. i of .vv �.. }. .•vi•i :+�x.•..% '}': y�:y+'!!R �f•:I.N'i^i{• f :�.• ?'$}4} :,•. }i }. •'.a°:`'3 'r%:-i----------------- ::$:-•r..n:fL?'f::}::c}}?:.:..:::.'-}#C.`}i`•':?> 'Rt:$Y.e:$ `;.}t%•Ss'?:, f:.}.,x.};•.;_';.-�-tw,'}.$r` •J•:3.: TO: ROBERr F. GROGAN, INTERIM CITY MANAGER FROM+STEVEN L. DECAMP, ACTING DIRECTOR SUBJECT: TREE RDINANCE/GUIDELINES REVISION PROCESS DATE: JULY 2% 1997 The City Council has requested suggestions from staff regarding procedures for reviewing and revising the City's Tree Ordinance and the Guidelines utilized for its implementation. Based on our past experiences with various other ad hoc and standing committees, I offer the following suggestions for your consideration and distribution W the Council. • Keep the 3ommittee relatively small. A committee consisting of five to seven members is much easier to accommodate in terms of agenda preparati n, obtaining quorums, dispute resolution, etc. • Members should represent "interest" groups. If we can identify and include various interest groups or constituencies, the approval process should be facilitated because no one will feel left out of the process. With the above in mind, I would recommend the establishment of an ad hoc advisory commitlee consisting of the following: One (1) C ty Council member. • One (1) P anning Commission member. • One (1) A qTA (Atascadero Native Tree Association) member. . • Two (2) a'-large members appointed by the City Council This committee ould receive staff support from the Community Development Department. Th committee would report their findings and recommendations directly to the Ci y Council at a public hearing. I believe that with an ad hoc committee as recommended above, the process of reviewing and revising the Tree Ordinance and its associated Guidelines can be accomplished in three to five months depending upon the meeting schedule for the committee. 0000'78