HomeMy WebLinkAboutAgenda Packet 05/12/1998 *PUBLIC REVIEW COPY
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ATASCADERO CITY COUNCIL
MEETING
TUESDAY,MAY 12, 1998
City of Atascadero
6500 Palma Avenue,4'floor
Atascadero, California
CLOSED°SESSION 6:00 P.M.:
1) Confer nce with legal counsel—existing litigation(Govt. Code Sec. 54956.9 (a)
Name of case:Barlow v. City of Atascadero
2) Confer nce with legal counsel-anticipated litigation—Colony Roads _
Signifi ant exposure to litigation pursuant to Govt. Code Sec. 54956.9 (b)
3) Confer nce with labor negotiator(Govt. Code Sec. 54957.6)
Agenc Negotiator: City Manager
Employee organizations: Department Heads, Mid-Management/Professional,
Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union
Local 20, Atascadero Sergeants Service Orgn., Atascadero Police Officers
Assoc. Atascadero Public Safety Technicians'Orgn.
4) Conference with negotiator over real property(Govt. Code Sec. 54956:8)
Negotiator: City Manager
Properly location: 6500 Palma Ave.
REGULAR SESSION,7:00 P.M:
PLEDGE-OF-ALLE IANCE: Council Member Luna
ROLL CALL: Mayor Carden
Mayor Pro Tem Johnson
Council Member Clay
Council Member Lerno
Council Member Luna
APPROVAL OF AGENDA: Roll Call
COUNCIL ANNOUNCEMENTS AND REPORTS:
(On their own initiative, Council Members may makea brief announcement or a brief report on
their own activities. Council Members may ask a question for clarification, make a referral to
staff or take action to have staff place a matter of business on a future agenda. No formal action
by the Council will be taken unless an item is identified on the Agenda.)
PRESENTATIONS:
A. Proclamation: "May 1998—Water Awareness Month"
COMMUNITY FORUM:
(This portion of the meeting ispersons wanting to address the
Council on any
matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to
f ve minutes. Please state your name and address for the record before making your
presentation. The Council may take action to direct the staff to place a matter of business on a
future agenda)
A. CONSENT CALENDAR: Roll Call
(All items on the consent calendar are considered to be routine and non-controversial by
City staff and will be approved by one motion if no member of the Council or public
wishes to comment or ask questions. If comment or discussion is desired by anyone, the
item will be removed from'the consent calendar and will be considered in the listed
sequence with an opportunity for any member of the public to address the Council
concerning the item before action is taken)
1. City Council Minutes—April 14, 1998 (City Clerk's recommendation:Approve)
2. ' City Council Minutes—April 28, 1998 (City Clerk's recommendation Approve)
3. Parking Ordinance for Vehicles for Sale—Fiscal Impact:Minor increase in revenues
from the collection of fines (City Attorney Recommendation: Waive reading of
Ordinance No. 346 and introduce for second reading by title only) [Roy Hanley]
4. Paloma Creek Park Concessionaire Agreement—Fiscal Impact: $2,00043;000 revenue
annually (Staff recommendation: Approve execution of agreement with Trinda Robbins
of Paloma Creek Mini-Mart for food concessions at Paloma Creek Park) [Brady Cherry]
5. State Route 41 Relinquishment—Fiscal Impact: Lump-sum payment from State to City
of$318,000 (Staff recommendation: Authorize, by Minute Order, the Mayor to enter into
a Cooperative Agreement with CalTrans for relinquishment of a portion of State Route
41 (Post Mile 15.8 to Post Mile 17.1)[Brady Cherry]
2
B. PUBLIC HE NGS:
1. Zone Chane#98001 —Planned Development Overlay Zone No. 8 (Gearhart/Cannon
Associates) iscal Impact:None (Staff recommendation.: Waive reading of Ordinance
No. 348 and i troduee for first reading by title only) [Paul Saldana]
C. MANAGEMENT REPORTS:
1. Wastewater`T eatment Facili -Design of Upgrade Improvements, Stage 1 Fiscal
Impact; $156,860(previously budgeted) (Staff recommendation: Adopt Resolution No.
1998-002 auti,orizing the Mayor to enter into an agreement with Brown and Caldwell to
design the-imrovements for the first stage of the wastewater treatment facility upgrade)
[BradyCherr J
2. Public Art Do iation to the Charles Paddock Zoo-Fiscal Impact: None (Parks and
Recreation Cc mmission recommendation and the Public Arts Committee: Authorize the
execution ofal agreement with Artist John D. Olt to accept the donation of a sculpture
for the Charle v Paddock Zoo) [Brady Cherry]
3. Re uest to Name the Skate Park in Honor of George Beatie`-Fiscal Impact: None (Staff
recommendation: Approve Resolution No. 1998-021, naming the Skate Park "The
Atascadero Gorge Beatie Skate Park') [Brady Cherry]
4. Fiscal Impact. odel-Fiscal Impact: A savings of approximately$2,000 (Staff
recommendati n: Authorize the City Manager to accept offer of Midland Pacific
Building Corporation to finance a repair/update of the City's Fiscal Impact Model)[Paul
SaldanaJ
5. Initiation of Redevelopment A enc =Fiscal Impact: None (Staff recommendation;
Receive and fa e report and direct staff to complete establishment of Agency)[Paul
SaldanaJ
6. Citv Enizineer ng Services Alternatives—Fiscal Impact: None (Staff recommendation:
Authorize the City Manager to recruit for a Public Works Director/City Engineer
position to begin work in the 1998-99 Fiscal year) [Wade McKinney]
7.- Information B alletin
D. CITY ATTORNEY REPORTS (None submitted)
E. COMMITTEE REPORTS
(The followin represent standing committees. Informative status reports will be given,
as felt necess ):
1. S.L.O. Counc' of Governments/S.L.O. Regional Transit Authority
2. Finance Committee
3. Economic Roitnd Table
3
4. Water Committees
A. SLOCounty Flood Control& Water Conservation District Water Resources
Advisory Committee
B. Nacimiento Water Purveyors' Contract Technical Advisory Committee
C. North County Water Task Force
5. Integrated Waste Management Authority
6. North County Council
7. .Air Pollution Control District
8. County Mayor's Round Table
9. Economic Vitality Corporation, Board of Directors
10. City/Schools'Committee
F. INDIVIDUAL DETERMINATION AND/OR ACTION;
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
G. ADJOURNMENT:
THE COUNCIL WILL ADJOURN TO THE NEXT SCHEDULED REGULAR MEETING ON
MAY 26 1998.
Please note: Should anyone challenge any proposed development;entitlement listed on this
Agenda in court, that person may be limited to raising those issues addressed at the public
hearing described in this notice, or in written correspondence delivered to the'City Council at or
prior to this public hearing.
4
City of Atascadero
WELi 70ME TO THE ATASCADERO CITY COUNCIL MEETING
GENERAL INFORMATION
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber'of City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff repo or other documentation relating to each item of business referred to on the
Agenda are on file in th office of the City Clerk(Room 208)and in the Information Office(Room 103),
available for public ins ection during City Hall business hours.,
In compliance with the mericans with Disabilities Act,if you need special assistance to participate in
a City meeting or othe services offered by this City,please contact the City Manager's Office,(805)
461-5010,or the City,C erk's Office,(805)461-5074. Notification at least 48 hours prior to the meeting
or time when services are needed will assist the City staff in assuring that reasonable arrangements can
be made to provide acc ssibility to the meeting or service.
TO SPEAK AT PUBLIC HEARINGS
Scheduled public hearit gs are itemized on the Agenda. The Mayor will identify the subject,announce
when the public hearinE is open and request anyone interested to address the Council regarding the
matter being considered. If you wish to speak for,against or comment in anyway:
• You must a 3proach the podium and be recognized by the Mayor
• ' Give your name and address
• Make yourstatement
• All comme is should be made to the Mayor and Council
• All comms is limited to 5 minutes(unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity
to do so, an I no one may speak more than twice on any item,
The Mayor will announce when the hearing is closed,and thereafter,no further public comments will be
heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS
Under Agenda item,"C 3MMUNITY FORUM",the Mayor will call for anyone from the audience
having business with the Council to:
• Please appr ach the podium and be recognized
•
Give your r ame and address
• State the nature of your business
This is the time items not on the Agenda may brought to the Council's attention. A maximum of 30
minutes will be allowed for Community Forum(unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to ppear on the Agenda must be in the Office of the City Manager ten days
preceding the Council meeting. Should you have a matter you wish to bring before the Council,please
mail or bring a written communication to the City Manager's office in City Hall prior to the deadline.
"Water Awareness Month
May, 1998
WHEREAS, water is an essential natural resource; and
WHEREAS, the recent years of above average rainfall will most
certainly be followed by years of drought; and
WHEREAS, the City of Atascadero supports the Atascadero
Mutual Water 'ompany's efforts to provide residents with a safe,
dependable supply,of affordable water; and
WHEREAS, during the month of May, the City of Atascadero joins
• with the Atascadero Mutual Water Company and the California Water
Awareness Campaign in calling on each citizen to be a responsible
water user by protecting our water resources from pollution, by using
water efficiently ;and by getting involved;
NOW, TH6REFORE, I, Harold L. Carden III do hereby proclaim
May, 1998, as ' "WATER AWARENESS MONTH", in the City of
Atascadero and urge all citizens to recognize the value, importance and
fragility of our water resources and encourage everyone to use water
wisely, it a woy of life.
HAROLD L. CARDEN, III,Mayor
City of Atascadero, CA
Dated: May 12, 1998
i �
f
ITEM NUMBER: A - 1_
DATE: 05/12/98_
MINUTES
i
ATASCADERO CITY COUNCIL
MEETING
TUESDAY,APRIL 14, 1998
CLOSED SESSION, 6:30 P.M.:
t
1) Conference with labor negotiator(Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee organizations: Mid-Management/Professional, Atascadero Fire Captains,
Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Sergeants
Service Orgn.,',Atascadero Police Officers Assoc., Atascadero Public Safety Technicians
Orgn.
2) Conference with legal counsel—Anticipated litigation—Colony Roads
Significant exposure to litigation pursuant to Govt. Code Sec. 54956.9 (b)
Mayor Carden adjourned the Closed Session at 7:05 p.m. and City Attorney Roy Hanley
announced that no action was taken in Closed Session.
REGULAR SESSION, 7:00 P.M.:
Mayor Carden called the Regular Session to order at 7:10 .m. and Council Member Clay led
g P y
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden
Y y
Absent: None
Staff Present: City Manager Wade McKinney, Fire Chief Mike McCain, Community
Services Director Brady Cherry, Community Development Director Paul
,Saldana, Acting Finance Director Rachelle Rickard, Lt. Bill Watton, Chief
Wastewater Operator Mark Markwort, Finance Technician Valerie
kumphrey, Assistant City Engineer John Neil, and City Attorney Roy
Hanley.
Others Present: !City Clerk Marcia Torgerson
APPROVAL OF AGENDA:
MOTION: Council Member Clay and seconded b Council
By y y Member Luna to
approve the agenda.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Luna stated that the General Plan mentions that a fund has been established
pursuant to State Law to be put towards the undergrounding of utility lines in the Business •
Districts. He suggested that it would be appropriate to use this fund to underground the utility
lines at the Bonnema Brewing Co. City Manager Wade McKinney responded that he is looking
into this issue with PG&E. He stated that this fund was used during the Morro Road project but
he is not sure of the status of the fund at this time. Mr. McKinney said that he will bring
information back to the Council as to the status of the fund and what steps are necessary to target
the Bonnema Brewing Co.
PRESENTATIONS:
A. Proclamation: "April 1998—Alcohol Awareness Month"
Sue Warren, a representative of the North County Connection, accepted the Proclamation.
B. Proclamation: "April 24, 1998—Special Olympic's Day"
C. Presentation to Donald Reaber for an act of bravery above and beyond the call of duty.
Mayor Carden presented a plaque to Mr. Reaber.
COMMUNITY FORUM:
Raymond Jansen, 6655 Country Club Drive, spoke concerning his view of general principles.
Bill Zimmerman, 6225 Lomitas Road, expressed his appreciation for the City's support for him
during his illness.
A. CONSENT CALENDAR: Roll Call
1. City Treasurer's Report—February 1998—Fiscal Impact: None (City Treasurer's
recommendation: Review and approve)
2. Zone Change#97012—3705-3905 El Camino Real (City of Atascadero)—Fiscal Impact:
None (Staff recommendation: Adopt Ordinance No. 345 approving Zone Change
#97012, waive the reading in full and introduce for second reading by title only) [Paul
Saldana]
3. Parking Ordinance for Vehicles for Sale-Fiscal Impact: Minor increase in revenues .
from the collection offines (City Attorney Recommendation: Waive reading of
Ordinance No. 346 and introduce for second reading by title only) [Roy Hanley]
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4. Southern Pacific Transportation Company Pipeline Crossing Agreement—Fascallmpact.
$1,125.00 (Staff recommendation: Authorize the City Manager to execute a Pipeline
Crossing Agreement with the Southern Pacific Transportation Company and to make the
necessary appropriation and liability insurance arrangements required to complete the
Agreement) [Brady Cherry]
5. Road AbandoWent No. 98001 —La Linia Avenue east of El Corte Road (Chalk
Mountain Village Association)—Fiscal Impact: None (Staff recommendation: Approve
Resolution No.' 1998-017 approving Road Abandonment No. 98001) [Paul Saldana]
6. Annual Claim Lor Transportation Development Act Funds—Fiscal Impact: $538,770.00
(Staff recommendation: Approve Resolution No. 1998-016 authorizing the filing of a
claim for 199 7-98 Transportation Development Act Funds) [Brady Cherry]
7. State Master Agreement—Sets out the requirements and conditions to be met before
Federal funds can be authorized and distributed—Fiscal Impact: By not entering into the
State Master Agreement, the City will lose a significant source of funding for capital
projects (Staff recommendation: Authorize the City Manager, by minute order, the
execution of State Master Agreement No. 05-5423.) [Brady Cherry]
8. Acceptance of'final parcel Map—Finalize the subdivision of an 8.74 acre site into two
(2) parcels of 4.74 and 4.0 acres (9060 San Rafael Road: Drexler)—Fiscal Impact: None
(Staff recommendation: Accept Final Parcel Map for approved Tentative Parcel Map
#97007) [Paul;Saldana]
Mayor Pro Tem Johnson pulled Item 4A-3
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Items #A-1,2, 4, 5, 6, 7, and 8.
'Motion passed 5:0 by a roll-call vote.
RE: Item #A-3: Mayor Pro Tem Johnson expressed his concerns with the proposed Ordinance
as to some specific wording. The other Council Members also stated their similar concerns. The
Council discussed sending the proposed Ordinance back to staff for revision.
PUBLIC.COMMENT
Rush Kolemaine, Box' 1190, stated that he is opposed to the proposed Ordinance as written and
that he has similar concerns as the Council.
Mayor Carden closed the public comment period
City Attorney Roy Hanley handed out to the Council and shared with the public via overhead
projector, suggested wording that the Council could consider as amendments to the proposed
Ordinance.
Council Member Cla stated that he is concerned about the wording in the proposed Ordinance
that relates to private property.
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There was lengthy Council discussion on potential amendments to the proposed Ordinance.
MOTION: By Mayor Carden and seconded by Council Member Luna to adopt
Ordinance No. 346 with the following amendments:
1. Add, "WHEREAS, The City Council finds that when the
Police Department, is reasonably aware that a vehicle has been
parked for purpose of sale and is not simply parked for other
legitimate purpose, it should be able to require the vehicle to be
moved."
2. Replace (c) 2)with, "If the vehicle is not moved within 24
hours, a citation will be issued. The maximum penalty for a
first violation of this ordinance is 75 dollars. The maximum
penalty for a second violation within a twelve month period is
250 dollars. The maximum penalty for a third violation within
a twelve month period is 500 dollars."
3. Replace (c) 3)with, "If the vehicle is found on a city street in
violation of section (c) 2) a second time within 30 days, the
vehicle may be impounded and towed at the owner's expense."
Motion passed 3:2 by a roll-call vote. (Clay and Lerno opposed)
B. PUBLIC HEARINGS:
1. 1998 Community Development Block Grant (CDBG) Allocation—Fiscal Impact:
S225,227.00 (Staff recommendation: Direct staff to forward to the County Board of
Supervisors allocation recommendations for the 1998 CDBG) [Rachelle Rickard]
Wade McKinney gave the staff report.
Mayor Carden asked for clarification concerning the Kelly Gearhart application. Mr. McKinney
explained that due to Council Member Lerno's conflict on this item, he may step down and the
balance of the Council may vote on the application. Then, Council Member Lerno may re join
the Council for the balance of the public hearing.
Council Member Lerno stepped down on this item due to a conflict of interest.
Acting Finance Director Rachelle Rickard explained to the Council.that the Kelly Gearhart
application for CDBG funding is not eligible. CDBG regulations do not allow a private
individual to purchase land with CDBG funds.
PUBLIC COMMENT -None
MOTION: By Council Member Luna and seconded by Council Member Clay to
deny Kelly Gearhart's application for CDBG funding.
Motion passed 4:0 by a roll-call vote. (Lerno abstained)
Rachelle Rickard explained the CDBG process and answered questions of Council. Ms. Rickard
P p
asked Dana Lilley of the County Planning Department to help answer the Council's questions.
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Dana Lilley, County Planning Department, explained the requirements of HUD.
Mayor Pro Tem Johnson suggested that they allocate $20,000 to EVC instead of allocating those
funds to the Paloma Plark Access Bridge Project.
Council Member Lerno stated he supports the Paloma Park Access Bridge Project.
Council Member Clay also stated he supports the Paloma Park Access Bridge Project.
PUBLIC COMMENT
Susan Warren,North County Connection, 8600 Atascadero Ave., requested the Council consider
funding their application.
Sue Guerrero, 1 Quail Ridge, a volunteer staff member for Friday Variety Night. She spoke in
support of Friday Variety Night receiving funding for their application.
Lacey Gray, 5325 Cabrillo, 13 years old, spoke in support of the Friday Variety Night.
Michela Vargas, 5365 Capistrano, 12 years old, spoke in support of the Friday Variety Night.
Tamara Straub, Atasdadero resident, spoke in support of the Friday Variety Night.
Delinda Redding, 218 Via La Pas, San Luis Obispo, Director of the Friday Variety Night at the
Masonic Temple, explained the services offered by the Friday Variety Night. She asked the
Council to re-considet their application.
Wes Redding, 218 Vii La Pas, San Luis Obispo, spoke in support of the Friday Variety Night.
He explained how well the organization operates and how much they offer the youth.
Mayor Carden closed the public comment period
Council discussion ensued with suggestions from individual Council Members for adjustments to
the staffs' recommendations.
Mayor Carden stated that he supports the funding of the revolving loan plan with the Economic
Vitality Corporation to ensure a sound future for the youth of the community.
Council Member Luna asked for clarification of the revolving loan fund. Mr. McKinney
explained that the revolving loan fund does still have $100,000 that is not committed.
MOTION: By Mayor Pro Tem Johnson and seconded by Mayor Carden to
approve the staff recommendations with the following amendments:
1. Do not fund the City of Atascadero—Community Services
Department's Paloma Park Access Bridge Project.
2. Fund $20,000 to the Economic Vitality Corporation.
3. Fund $4,000 to Community Services Foundation's Youth
Activity Scholarships—Low Income Youth.
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4. Fund $3,300 to Youth Network—Friday Variety Night's
Special Events/Activities.
Motion passed 3:2 by a roll-call vote. (Lerno c& Luna opposed)
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson
to approve the balance of staffs recommendations.
Motion passed 4:1 by a roll-call vote. (Lerno opposed)
Council Member Clay stated that, for the record, he does not remember ever complaining about
the traffic on Viejo Camino.
Mayor Carden called a 10-minute recess at 8:50 p.m.
Mayor Carden called the Regular Session back to order at 9:00 p.m.
C. MANAGEMENT REPORTS:
1. Landmark Tree Designation—Intersection of Arcade and El Corte Roads/Chalk
Mountain Village—Fiscal Impact: None (Staff recommendation: Approve Resolution
No. 1998-018 designating a 30 inch diameter Blue Oak tree located in the El Corte Road
right-of-way as a landmark tree) [Paul Saldana]
Paul Saldana gave the staff report and answered questions of Council.
PUBLIC COMMENT
Dan Scarry, 722 Buchon, San Luis Obispo, Chalk Mountain Village Associates, stated he
supports this item and will answer any questions the Council might have.
Mayor Carden closed the public comment period
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Resolution No. 1998-018.
Motion passed unanimously by a voice vote.
2. Economic Investment Strategy—Fiscal Impact: Will increase revenue as new businesses
locate (Staff recommendation: Adopt the Economic Investment Strategy) [Paul
Saldana]
Paul Saldana gave the staff report. The Council asked questions, expressed their concerns and
made suggestions for modifications to the strategy.
Mayor Pro Tem Johnson suggested some changes to the wage criteria in the proposed strategy.
In particular, he asked that it state that entry-level jobs will be full-time employment with
starting wages and benefits equal to the County average as set forth in the Private Industry
Council Annual Report.
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Council Member Lunastated he cannot support this item because of his
pp concern about using tax-
payers dollars to recruit things like more fast-food restaurants with minimum wage jobs. He then
pointed out specific language in this item that was of concern to him.
PUBLIC COMMENT
Bill Zimmerman, 6225 Lomitas Road, commended the Council for beginning to work on this
issue. He stated that this strategy is not appropriate for Atascadero. He expressed his concern of
the lack of public inptt on this issue.
Rush Kolemaine, P.O'. Box 1990, read a prepared statement into the record that expressed his
support to this issue and Item#C-3. (See Attachment A)
Gregg Goodwin, President of the EVC, spoke in support of the recommendations of staff.
Mayor Carden closed the public comment period.
Mayor Carden,Council Member Clay and Council Member Lerno expressed their support of this
strategy.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Lerno
to adopt the Economic Investment Strategy with the following
amendment:
Include, "Entry-level jobs will be full-time employment with starting
wages and benefits equal to the County average as set forth in the
Private Industry Council Annual Report."
Motion passed 4:1 by a roll-call vote. (Luna opposed)
3. Downtown Mister Plan Report—Fiscal Impact: Increased investment an the downtown
area could result in additional revenues to the City (Staff recommendations: Receive
and file report and provide policy direction to stafJ) [Paul Saldana]
Paul Saldana gave the staff report. The Council asked questions and made suggestions for
revisions.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, stated that he feels the boundaries for the Downtown are not
well known by the public. He also noted that the majority of our businesses are not in the
Downtown.
Bill Zimmerman, 6225 Lomitas Road, stated that he agrees that the Downtown needs
improvement and encourages the Council to involve the Planning Commission and the
community in the pro,eess.
Mayor Carden closed the public comment period
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MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay
to initiate the General Plan Amendment process to study the
Downtown Master Plan.
Motion passed 5:0 by a roll-call vote.
4. Alamo Avenue Sewer Assessment District—Set date and time for a public hearing—
Fiscal Impact: $45,641.79 (Staff recommendation: Establish June 9, 1998 at 7:00 p.m.
or later for a public hearing to allow the formation of a sewer assessment district to
repay the City for costs incurred for the installation of the sewer along a portion of
Alamo Avenue) [Brady Cherry]
Brady Cherry gave the staff report and answered questions of the Council.
PUBLIC COMMENT
Greg Hagopian, 4790 Alamo Ave, stated that the property owners were not noticed in advance
for the neighborhood meeting. He said he supports Alternative#2.
Ernie French, 4700 Alamo, spoke for his neighbor Mike Ferguson and himself. They also
support Alternative #2.
Mayor Carden closed the public comment period.
Mayor Carden asked City Attorney Roy Hanley to clarify Proposition 218's effect on this issue.
The Council discussed at length all of the alternatives suggested by staff.
MOTION: By Council Member Luna and seconded by Council Member Lerno to
approve staffs recommendation of Alternative 94, "Establish a
unique extension or connection fee, for this particular portion of
sewer, that includes the cost of construction."
Motion passed 5:0 by a roll-call vote.
5. Information Bulletin
D. CITY ATTORNEY REPORTS (None submitted)
E. COMMITTEE REPORTS
Water Committees
Council Member Clay stated that the County Water Plan is near completion.
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North County Council]
Mayor Carden stated that they met last Thursday and decided to continue on an as-needed basis.
They are appointing an executive committee which will meet and discuss items of mutual
concern. Mr. Carden announced that he appointed himself as the delegate and Mayor Pro Tem
Johnson as his alternate.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Carden asked the Council their opinions regarding Proclamations. He asked that when
someone comes to the',City Manager's office requesting a proclamation that they be directed to
seek out a sponsor from the Council. The majority of the Council did not feel the current process
needed to be changed.'
Mayor Carden asked the Council their opinions regarding the City putting up poles for event
banners across El Camino Real. There was consensus that the City could coordinate such an
action but the community organizations would also need to be involved.
G. ADJOURNMENT:
Mayor Carden adjourned the Regular Session of 10:52 p.m to the next scheduled Regular
Session on April 28, 1998.
MINUTES RECORDED AND PREPARED BY:
Marcia M. Torgerson, City Clerk
ATTACHMENTS: Attachment A: Prepared statement—Rush Kolemaine
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ATTACHMENT A
Atascadero CIty Council
Meeting date: 4/14/98
R. S. Kolemaine /P.O. Box 1990/Atascadero CA 93423-1990/FAX/Fone (805)466-8200/elfenix@aol.com
14 April 98
ATASCADERO CITY COUNCIL
6500 Palma Avenue
Arascadero CA 93422
REF: Council Agenda Items C-2, C-3, 04/14/98
Gentlemen:
With regard to the above two agenda items, I wish to here offer my support for these
items, with certain reservations as noted below.
Both of these items will represent a worthy effort by the Council to begin.to establish
realistic and necessary efforts and processes, which have been notably and regretfully
missing in City of Atascadero history, to adapt our city and city government to the realities of
the times and world within which we now and in the future will exist.
Item C-2, especially follows in the shadow of the City's General Plan Economic
Element on which I labored at length in 1993-94, finally opening the door to a more
productive response to any future applications to establish desirable business and industry in
our city. I have discussed the "Economic Investment Strategy" with our Community
Development Director and am pleased to see this well-considered proposal finally before
any City Council.
If I have any caveats at this time, they are limited to the expressed concern for "new
revenues to the City". While this is certainly a necessary and worthwhile goal, I hope that
the City's important gains from indirect revenues through potential greater private payroll,
expenditures and local investment is also recognized in supporting this strategy.
With regard to Item C-3, I hope the Council will note the near-failure of the current
Downtown Master Plan of 1990 for not having been continually updated and revised as
condition changes required, and the need to re-visit and update this plan or to possibly start
again from scratch to provide the business community with an improved and more realistic
version on which they might hereafter rely.
Resp tfully,
S7Kolem2ne
cc
ITEM NUMBER: A - 2
MEETING DATE: 05/12/98
MINUTES
ATASCADERO CITY COUNCIL
MEETING
TUESDAY, APRIL 28, 1998
CLOSED SESSION 6:30 P.M.:
1) Conference with legal counsel - Anticipated litigation - Colony Roads
Significant exposure to litigation pursuant to Govt. Code Sec. 54956.9 (b) I`
City Clerk Marcia Torgerson announced that the Closed Session was cancelled and would be
continued to the next City Council meeting as there is not a quorum.
REGULAR SESSION, 7:00 P.M.:
Mayor Carden calledl'ithe Regular Session to order at 7:04 p.m. and Council Member Lerno led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Lerno, Luna and Mayor Carden
Absent: Mayor Pro Tem Johnson
Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief
Mike McCain, Community Services Director Brady Cherry, Acting
(Finance Director Rachelle Rickard, Community Development Director
jPaul Saldana, Recreation Supervisor Geoff English and City Attorney Roy
Hanley.
Others Present: City Clerk Marcia Torgerson
APPROVAL OF AGIENDA:
MOTION: By Council Member Luna and seconded by Council Member Clay to
/approve the agenda.
Motion passed 4.0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay announced the Better than Spaghetti dinner for the open house at the
Junior High on April �0, 1998.
Mayor Carden thanked City Manager Wade McKinney for sending Planning Commissioner
Sauter a thank you letter for his leadership at the City Council/Planning Commission Workshop.
PRESENTATIONS•
A. Proclamation: "April 1998 - Volunteer Recognition Month"
Recreation Supervisor Geoff English accepted the Proclamation on behalf of all volunteers.
B. Proclamation: "April 1998 - Public Schools Month"
Fire Chief Mike McCain accepted the Proclamation on behalf of the Masons.
COMMUNITY FORUM:
Michael Kovacs, south Atascadero, asked questions concerning the CDBG process.
Police Chief Dennis Hegwood announced his promotion of Sergeant John Couch to the rank of
lieutenant.
Lt. John Couch stated that he looks forward to working with the community and the other
members of the department.
Mayor Carden closed the Community Forum.
y �
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes - March 24, 1998 (City Clerk's recommendation:Approve)
2. City Treasurer's Report - March 1998 (City Treasurer's recommendation: Review and
accept)
3. March 1998 Accounts Payable & Payroll - Fiscal Impact: $871,546.07 (Staff
recommendation: Review and approve)
4. Parking Ordinance for Vehicles for Sale - Fiscal Impact:Minor increase in revenues
from the collection of fines (City Attorney Recommendation: Waive reading of
Ordinance No. 346 and introduce for second reading by title only) [Roy Hanley]
5. Weed Abatement Program - Declaring vegetative growth and/or refuse a public nuisance-
Fiscal Impact: None (Staff recommendation: Approve Resolution No. 1998-019) [Mike
McCain]
6. Purchase of a GMC C2500 Pickup Truck - Through the State Cooperative bid process - •
Fiscal Impact: $18,657 plus a 1% State service fee (Staff recommendation: Approve
Resolution No. 1998-020) [Brady Cherry]
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Page 2 of 5
Mayor Carden pulled) and tabled Item #A-4 until the next Council meeting. Council Member
Lerno pulled Item #A-3 and #A-6.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Item #A-1, 2, and 5.
Motion passed 4:0 by a roll-call vote.
RE: Item #A-3: Council Member Lerno asked for clarification of the monies paid this last
month to North Coast Engineering ($34,000). Wade McKinney explained that there are several
projects that make up the $34,000. He stated that staff is currently conducting a review of our
engineering costs. Mr. McKinney said that they expect that review to be before the City Council
in May 1998. He explained that a significant portion of the fees are reimbursed to the City from
contractors and/or grant monies that cover some of the road improvements.
MOTION: By Council Member Clay and seconded by Council Member Luna to
approve Item #A-3
Motion passed 4:0 by a roll-call vote.
RE: Item #A-6: Council Member Lerno asked for clarification of the memo from Wade
McKinney regarding this item (see Attachment A). Mr. McKinney explained the Council's
options from purchasing a truck through the State to purchasing a truck from Atascadero Ford.
Mr. McKinney stated that his recommendation is that there is value in purchasing locally both
our time and energy in dealing with the vehicle, we receive the City's portion of the sales tax, we
do not have to travel to pick up the vehicle, warranty work can be done in town, and it's a year
newer vehicle. Therefore, he recommends the Council deny Resolution No. 1998-020 and
purchase the truck locally.
MOTION: By Council Member Clay and seconded by Council Member Lerno to
deny Item #A-6.
Motion passed 4:0 by a roll-call vote.
B. PUBLIC HEkRINGS: (None submitted)
C. MANAGEMENT REPORTS:
1. Public Hearing Noticing Requirements - A review of State and local public hearing
noticing requirements for planning projects and entitlements - Fiscal Impact: Minor
increase in postage costs. (Staff recommendation: Direct, by minute order, an increase
in the radius for public hearing notices within the Residential Suburban Zoning District)
[Paul Saldana/
Community Development Director Paul Saldana gave the staff report and answered questions of
the Council.
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Page 3 of 5
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, expressed his support of this item. He stated that he would like
to see agricultural areas included in this policy.
1
Mayor Carden closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member Clay to
direct, by Minute Order, an increase in the radius for public hearing
notices within the RS Zoning District.
Motion passed 4:0 by a roll-call note.
2. City of Atascadero Media Guidelines - Fiscal Impact: None (Staff recommendation:
Receive and file) [Wade McKinney]
City Manager Wade McKinney gave the staff report.
There was Council consensus that they approved of the Media Guidelines and asked that the
Council be included in training.
3. Information Bulletin
D. CITY ATTORNEY REPORTS (None submitted)
E. COMMITTEE REPORTS None.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Clay commented on how much he enjoyed the community concert which
benefited the.REC program.
Mayor Carden reminded staff about the road improvement sign near the high school that is still
out.
City Treasurer
City Treasurer Rudy Hernandez stated that he has prepared a draft Investment Policy. It is
currently being reviewed by staff. He asked that the Finance Committee review the Investment
Policy. It will then be placed on the Council's agenda for approval..
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Page 4 of 5
G. ADJOURNMENT:
Mayor Carden adjourned the Regular Session at 7:50 p.m. until the next scheduled meeting on
May 12, 1998.
MINUTES RECORDED AND PREPARED BY:
Marcia M. Torgerson, City Clerk
ATTACHMENT A: Memo from Wade McKinney to Public, Council Members and Staff
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Page 5 of 5
ATTACHMENT #A
Atascadero City Council
Minutes 4/28/98
C19ty of
Atascadero
From the Office of the City Manager
Date: April 27,1998
To: Public,Council Members and Staff
From: Wade G. McKinney,City Manager
Subject: City Council Agenda Item A6 purchase of pickup
Unfortunately, I did not realize until after the staff report was prepared that we
had not provided an opportunity for our local dealership to bid on our vehicle
purchase. I have reviewed the proposed pickup purchase with the owner of our
local Atascadero auto dealership. Where possible, I prefer buying locally. Our
purchase supports the local economy,sets an example to the community about
the importance of local purchasing and makes follow-up or warranty work more
convenient (less expensive)for the City.
Atascadero Ford did not participate in the State bid that we used in the staff
report. They have contacted Ford Motor.Corporation and have offered a
similarly equipped 1999 vehicle (one year newer) for$21,279. This is$1,083
higher than the State bid. The City would receive a portion of the sales taxes
paid if the vehicle was purchased from Atascadero Ford (approximately $210).
The State bid vehicle would be delivered in Fresno creating delivery expenses
either through transportation or city staff traveling to Fresno. Additionally,all
warranty work would be done in Atascadero providing the City with time and
money savings to the operating budget. All told,there is likely no significant cost
difference in the two options.
Should Council wish to consider purchasing the vehicle from Atascadero Ford,
they must first make a finding that the total cost of purchasing,including
purchase price, sales taxes, delivery costs and ongoing warranty work will result
in the lowest responsible bid.
ITEM NUMBER: A - 3
DATE: 05/12/98
Isis ® I9 e
City Attorney's Agenda Report
Roy A. Hanley
Ordinance No. 346
Parking Ordinance for Vehicles For Sale
RECOMMENDATION:
Waive the reading of Ordinance No. 346 and introduce for second reading by title only: An
Ordinance of the City Council of the City of Atascadero Adding Section 4-2.1306 of the
Atascadero Municipal'Code Pertaining to the Parking of Vehicles for Sale.
DISCUSSION:
• Background: This item came on for second reading at the council meeting held April 14, 1998.
' Government Code section 36934 requires that when ordinances are altered they shall be passed
only at a regularly scheduled or adjourned meeting held at least five days after alteration. After
considering the matter, staff came to the collective conclusion that this ordinance had been
altered within the meaning of Government Code 36934 and therefore brings this item back for a
second reading as alteired.
FISCAL IMPAC'':
There will be a minor fiscal impact from the collection of fines for violations of this ordinance.
ALTERNATIVE$:
Reasonable alternatives include declining to pass the ordinance,the City is not required to have
such an ordinance.
ATTACHMENTS: Ordinance No. 346
100000 .
ORDINANCE NO. 346
AN ORDINANCE OF THE CITY OF ATASCADERO ADDING SECTION 4-2.1306
FORBIDDING THE PARKING OF VEHICLES FOR THE PURPOSE OF DISPLAYING
FOR SALE IN CERTAIN LOCATIONS
WHEREAS, The City Council finds that an ordinance prohibiting the parking of
vehicles for the purpose of displaying such vehicle for sale is in the best interests of the
City in preserving the health, safety and commerce of the City;
WHEREAS, the City Council finds that when the Police Department is reasonably
aware that a vehicle has been parked for purpose of sale and is not simply parked for
other legitimate purpose, it should be able to require the vehicle to be moved.
NOW, THEREFORE, the City Council of the City of Atascadero does ordain as
follows: Section 4-2.1306 of the Atascadero Municipal Code is added to read:
4-2.1306 Parking vehicles for certain purposes prohibited.
No person shall park any vehicle including but not limited to boats and motor homes,
(a) On any public or private street located within the city limits for the purpose
of displaying such vehicle thereon for sale unless the property is duly licensed
and zoned by the City to transact that type of business at that location.
(b) Subsection (a) of this section shall not prohibit persons from parking
vehicles on private residential property belonging to the owner of the vehicle nor
on the public street immediately adjacent to said private residential property.
(c) Violation of this section shall result in the following:
1) Issuance of a warning by the Police Department to remove the vehicle
-within 24 hours.
2) If the vehicle is not moved within 24 hours, a citation will be issued.
The maximum penalty for a first violation of this ordinance is 75 dollars.
The maximum penalty for a second violation within a twelve-month
period is 250 dollars. The maximum penalty for a third violation within a
twelve-month period is 500 dollars.
3) If the vehicle is found on a city street in violation of section (c) 2) a
second time within 30 days, the vehicle may be impounded and towed at
the owner's expense.
(d) Vehicles towed under this section will not be released to the owner until
such time as the costs of towing and impounding the vehicle are paid in fall.
900002
(e) The parking or placing of any vehicle with a sign or other advertising device
thereon or proximate thereto indicating such vehicle is for sale shall
constitute prima facie evidence that such vehicle was parked or placed for
the purpose of displaying same for sale.
The foregoing ordinance was approved and adopted at a meeting of the City Council
held on 51998, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
BY:
Marcia M. Torrgerson, City Clerk
BY: BY:
Harold J. Carden, III Wade G. McKinney, City Manager
APPROVED AS TO FORM:
BY:
Roy A:Hanley, City Attorney
000003
it
ITEM NUMBER: A - 4
DATE: 05/12/98
i ■i i ® SII
1918 ® 1919 8
Ci Mana enort
's Agenda Re
Cit g p
Wade G. McKi ney
Paloma Creek Park Concessionaire Agreement
RECOMMEND TION:
Authorize the City Manager to execute an Agreement with Trinda Robbins of Paloma Creek
Mini-Mart for food concessions at Paloma Creek Park.
DISCUSSION:
The Community Serv�lces Department has had an Agreement with Adele's Catering to provide a
snack bar at Paloma Creek Park for the past three years. The City received twenty two percent of
the concessionaire's goss sales. Prior to this contract arrangement, the Community Services
Department operated fhe snack bar. The private concessionaire method has been a benefit to the
Community Services Department. The Department still generates revenue from this service
without concerns and costs associated with managing part-time employees. However, Adele and.
Joe Dillard, who man ged the snack bar, are moving out of the area and will no longer be able to
maintain this busines�
Community Services Department staff have solicited for proposals for the Paloma Concession
operation and received three proposals. Proposals were submitted by:
Provider Location % of gross Rating
Paloma Creek Mini art Atascadero 24 30
Webb Food Services California Valley 25 25
Richard and Diane Moberg Paso Robles 20 5
Copies of the proposals are attached.
i
Staff is recommending the selection of Paloma Creek Drive-through Mini-Mart based on the
results of a graded evaluation to determine the most suitable provider. In addition,the
owner/operator of the Paloma Creek Drive-through Mini-Mart, Trinda Robbins, is a former
concessionaire for theCity of Atascadero. Mrs. Robbins previously operated Pop's Tackle and
Atascadero Lake Parboat rentals.
000004
ITEM NUMBER: A - 4
DATE: 05/12/98
Staff also feels that the concessionaire will be able to take advantage of the Paloma Creek Drive-
through Mini-Mart to provide stock and other benefits when needed. Due to the seasonal nature
of activities at Paloma Creek Park, it is difficult to maintain a viable year-round business. The
close proximity of the "mother" business could be a valuable benefit and increase the likelihood
of financial success for concessionaire, which may correspond to a longer term relationship with
the City.
FISCAL IMPACT:
Approval of the Concessions Agreement with Paloma Creek Drive-through Mini Mart will not
significantly change the amount of revenue generated by food concessions at Paloma Creek Park.
Adele's Catering paid the City 22% of gross sales. The 24%proposed by Trinda Robbins may
slightly increase the $2,300.00 generated at Paloma last fiscal year.
ALTERNATIVES:
The City Council may wish to forgo the use of the graded evaluation process and select the
proposal with the highest percentage of gross receipts to be returned to the City. In this case, the
Proposal with the highest percent of gross receipts is Webb Food Services of California Valley.
RESPONSIBLE DEPARTMENT:
Community Services Department
ATTACHMENTS:
Agreement.
000005
City of Atascadero
Contract#98018
CONTRACT FOR SERVICES
PALOMA CREEK PARK
FOOD AND DRINK CONCESSION
OPERATION
THIS AGREEMENT is made upon the date of execution, as set
forth below, by land between Trinda Robbins hereinafter referred
to as "Contractor", and the City of Atascadero, California, a
Municipal CorpoCration, hereinafter referred to as "City. " The
parties hereto, in consideration of the mutual covenants contained
herein, hereby agree to the following terms and conditions:
1.00 GENERAL PROVISIONS
1. 01 TERM: This agreement will become effective on the date
of execution s.et forth below, and will continue in effect
until terminated as provided herein.
1.02 LOCATION: Premises of Operations is the concession
facility located at Paloma Creek Park, 11665 Viejo Camino,
Atascadero, California
1 . 03 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor
agrees to perform or provide services, as specified within
this contract and in "Description of Services" attached hereto
as "Exhibit A" .
Contractor ', shall determine the method, details and means of
performing ',the above-referenced services.
Contractor ';may, at Contractor' s own expense, employ such
assistants 'as Contractor deems necessary to perform services
required of Contractor by this agreement. City may not
control, direct or supervise Contractor's assistants or
employees in the performance of those services.
1 .04. SUBLFIASE: Contractor shall not sublease or otherwise
convey any ';interest of any sort granted by this agreement to
any person 'or persons whatsoever without prior written
consent and approval by the City.
1 .05 COMPENSATION: In consideration for with the terms of
this contract, Contractor agrees to pay the sum of 24%
of the total gross earnings monthly of all monies received
PALOMA CREEK PARK FOOD AND DRINK 1
CONCESSION OPERATION AGREEMENT
900006
City of Atascadero
Contract#98018
by the Contractor from the use of the premises depicted in
this contract. Gross earnings shall not include any sales
or excise taxes imposed by any governmental entity.
Payment to the City of Atascadero of the percentage gross
earnings received shall be made by the tenth (10th) day of
each month. Payments are required to be submitted to the
City of Atascadero, Department of Community Services, Room
107, Atascadero, Ca. 93422 (Attn: Paula Anton) .
Failure by the Contractor to tender payment to the City
within thirty (30) days of any payment so due, shall be
sufficient cause for the City to terminate this agreement.
1.06 RECORDS AND ACCOUNTS: Contractor shall keep true and
accurate books and records showing all its business
transactions in separate records of account for the
concession operation, in a manner acceptable to the City.
The City shall have the right through its representatives,
and at all reasonable times, to inspect such books and
records, including State of California sales tax records.
The City may require Contractor, at his expense, to have his
records and accounts audited by an auditor acceptable to the
City and shall present said audit to the Director of
Administrative Services within thirty (30) days after the
completion of the audit. If Contractors fails to provide
the required audit, the City shall contract to have an audit
performed at the Contractor' s expense.
1 . 07 CONDITIONS OF PREMISES: The taking of possession of
the subject premises by Contractor shall, in itself,
constitute acknowledgment that the premises are in good and
tenantable condition. Contractor agrees to accept said
premises in the present existing condition, "as is" and the
City shall not be obligated to make any alterations,
additions, or betterments thereto.
Contractor may construct or modify the said premises with
prior written approval by the Director (or designee) of the
Department of Community Services. Any plans for such
construction, if applicable shall be submitted to the City
for approval. Such construction or modification shall be
without cost to the City.
1 . 08 SIGNAGE: All signs, names or placards shall be
approved by the Department of Community Services prior to
PALOMA CREEK PARK FOOD AND DRINK 2
CONCESSION OPERATION AGREEMENT
W0007
City of Atascadero
Contract#98018
installation. All signs will meet all requirements and
specifications as set forth by City.
2.00 OBLIGATIONS OF CONTRACTOR
2.01 MINI" AMOUNT OF SERVICE BY CONTRACTOR: Contractor
agrees to devote the hours necessary to perform the services
set forth ' in this agreement in an efficient and effective
manner. Contractor may represent, perform services for and be
employed by additional individuals or entities, in Con-
tractor's sole discretion, as long as the performance of these
extra-contractual services does not interfere with or presents
a conflict 'with City' s business.
2 .02 HOURS ',OF OPERATION: Contractor is authorized to
operate the concession on a daily basis. Hours of
operation to be established by Contractor upon mutual
agreement with the Director (or designee) of the Department
of Community Services, but as a minimum during all adult
softball spring, summer and fall Leagues.
The City will not restrict individuals, organizations, or
clubs, with a confirmed usage permit for Paloma Creek Park
sports fields, from providing similar concessions during
their special event, provided that the concessions are
specifically for participants of the said special event, and
provided that the concession has been authorized by the
Department of Community Services, and a County of San Luis
Obispo Health Department permit has been obtained.
At any time should an occurrence necessitate the closure of
Paloma Cre!k Park to the general public, the Contractor shall
have no recourse by law to the City for losses incurred.
2 .03 PERMITS: Contractor is required to provide City, prior
to -commencbment of operation of concession, a copy of a City
Business License, a San Luis Obispo County Health Department
permit, and a Board of Equalization Certificate.
2. 04 TAXES: Contractor agrees to pay all lawful taxes,
assessment or charges which may be levied by government
entities.
2.05 EQUIPMENT: Contractor, at his own expense, shall
completely equip the concession, and keep all equipment in a
first class manner to the satisfaction of the Department of
PALOMA CREEK PARK FOOD AND DRINK 3
CONCESSION OPERATION AGREEMENT
City of Atascadero
Contract#98018
Community Services throughout the term of this contract.
2 .06 QUALITY OF SERVICE / CONTROLLED RATES AND CHARGES: The
City has the right to inspect and schedule the prices and
rates of goods sold upon the subject premises. The City
reserves the right to prohibit the sale of any item which it
deems objectionable or beyond the scope of merchandise
deemed necessary for proper service to the public.
Contractor shall post rates and prices of all items in
such places as designated by the City.
2.07 SECURITY / COMMUNICATIONS: The Contractor agrees to
provide telephone and security alarm services to concession
throughout the duration of this contract at Contractors
expense.
2. 08 TOOLS AND INSTRUMENTALITIES: Contractor shall provide
all tools and instrumentalities to perform the services under
this agreement.
2. 09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS:
City and Contractor intend and agree that Contractor is an
independent contractor of City and agrees that Contractor has
no right to worker's compensation and other employee benefits.
If. any worker insurance protection is desired, Contractor
agrees to provide worker's compensation and other employee
benefits, where required by law, for Contractor' s employees
and agents.
2 .10 IDENTIFICATION: Contractor hereby agrees to, and shall,
hold City, its elective and appointive boards, officers,
agents and employees, harmless and shall defend the same from
any liability for damage or claims for damage, or suits or
actions at law or in equity which may allegedly arise from
Contractor' s or any of Contractor' s employees' or agents'
operations under this agreement, whether such operations be by
Contractor or by any one or more persons directly or
indirectly employed by, or acting as agent for, Contractor;
provided as follows:
a. That the City does not, and shall not, waive any rights
against Contractor which it may have by reason of the
aforesaid hold-harmless agreement, because of the accep-
tance by City, or the deposit with City by Contractor,
of any of the insurance policies hereinafter described.
PALOMA CREEK PARK FOOD AND DRINK 4
CONCESSION OPERATION AGREEMENT
f)00009
City of Atascadero
Contract#98018
b. That the aforesaid hold-harmless agreement by Contractor
shall ', apply to all damages and claims for damages of
every '; kind suffered, or alleged to have been suffered,
by reason of any of the aforesaid operations of Contrac-
tor or any agent or employee of Contractor regardless of
whether or not such insurance policies snail have been
determined to be applicable to any of such damages or
claims for damages.
202 . 11 INSURANCE: Contractor shall not commence work under
this contract until s/he shall have obtained all insurance
required under this section and such insurance shall have been
approved by City as to form, amount and carrier:
a. Publics Liability and Property Damage Insurance:
Contractor shall take out and maintain during the life
of this contract such public liability and property
damage insurance as shall protect City, its elective and
appointive boards, officers, agents and employees and
Contractor and any agents and employees performing work
covered under this contract from claims for damages for
personal injury, including death, as well as from claims
for property damage which may arise from Contractor's
operation or anyone directly or indirectly employed by
Contractor. The amounts of such insurance shall be as
follow:
1 . Public Liability Insurance: In an amount not less
than $500,000 per injury, including death to any
one person and, subject to the same limit for each
person, in an amount not less than $1,000,000 on
account of any one occurrence;
2.. Property Damage Insurance: In an amount of not
less than $50,000 for damage to the property of
each person on account of any one occurrence.
3. Comprehensive Automobile Liability: Bodily injury
iability coverage of $500,000 for each person in
any one accident and $1,000,000 for injuries
Sustained by two or more persons in any one
accident. Property damage liability of $50,000
for each accident.
b. PROOF 'OF INSURANCE: Contractor shall furnish City,
concurrently with the execution hereof, with copies of
all required insurance policies, and adequate legal
PALOMA CREEK PARK FOOD AND DRINK 5
CONCESSION OPERATION AGREEMENT
")0000
City of Atascadero
Contract#98018
assurance that each carrier will give the City at least
thirty (30) days prior notice of cancellation of any
policy during the period of this contract.
All insurance policies shall name the City as
additional insured with the Contractor.
3.00 OBLIGATIONS OF CITY
3.01 COOPERATION: City agrees to comply with all reasonable
requests of Contractor necessary to the performance of
Contractor' s duties under this agreement.
3. 02 PLACE OF WORK: City agrees to furnish concession
facility at Paloma Creek Park for use by the Contractor while
performing the services described in this agreement.
3.03 UTILITIES: City agrees to pay for electric, gas,
disposal and water utility fees associated with the
concession operation.
4 .00 TERMINATION OF AGREEMENT
4 .01 TERMINATION ON NOTICE: Notwithstanding any other pro-
vision of this agreement, any party hereto may terminate
this agreement, at any time, without cause by giving at
least thirty (30) days prior written notice to the other
parties to this agreement.
4 .02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This
agreement shall terminate automatically on the occurrence of
any of the following events:
(1) Bankruptcy or insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4} -- -The end of the thirty (30) days as set forth in
Section 4 .01;
(5) End of the contract to which Contractor's services were
necessary; or
(6) Assignment of this agreement by Contractor without the
consent of the City.
PALOMA CREEK PARK FOOD AND DRINK 6
CONCESSION OPERATION AGREEMENT
City of Atascadero
Contract#98018
4.03 TERMgNATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR:
Should any ';party default in the performance of this agreement
or materially breach of any of its provisions, a non-
breaching party, at their option, may terminate this agree-
ment, immediately, by giving written notice of termination
to the breaching party.
4 .04 TEFUONATION: This Agreement shall terminate on 4/31/99,
unless extsnded as set forth in this Section. The City, with
the agreement of the Contractor, is authorized to extend the
term of this Agreement beyond the termination date, as needed,
under the : same terms and conditions set forth in this
Agreement. 'Any such extension shall be in writing and be an
amendment to this Agreement.
5.00 MISCELLANEOUS
5. 01 RE DIES: The remedies set forth in this agreement
shall not be exclusive but shall be cumulative with, and in
addition to, all remedies now or hereafter allowed by law or
equity.
5.02 NO W4IVER: The waiver of any breach by any party of any
provision of this agreement shall not constitute a continuing
waiver or al waiver of any subsequent breach of this agreement.
5.03 ASSIGNMENT: This agreement is specifically not assign-
able by Contractor to any person or entity. Any assignment or
attempt to : assign by Contractor, whether it be voluntary or
involuntary, by operation of law or otherwise, is void and is
a material '',breach of this agreement giving rise to a right to
terminate a's��set forth in Section 4 .03.
5. 04 ATTOENEY FEES: In the event of any controversy, claim
or dispute' between the parties hereto, arising out of or
relating to this agreement, or the breach thereof, the pre-
vailing party shall be entitled, in addition to other such
relief as may be granted, to a reasonable sum as and for
attorney fees.
5. 05 TIMET` FOR PERFORMANCE: Except as otherwise expressly
provided for in this agreement, should the performance of any
act required by this agreement to be performed by either party
be prevented or delayed by any act of God, strike, lockout,
labor trouble, ' inability to secure materials, or any other
cause except financial inability not the fault of the party
required to: perform the act, the time for performance of the
PALOMA CREEK PARK FOOD AND DRINK 7
CONCESSION OPERATION AGREEMENT
_)00012
City of Atascadero
Contract#98018
act will be extended for a period of time equivalent to the
period of delay and performance of the act during the period
of delay will be excused; provided, however, that nothing
contained in this Section shall exclude the prompt payment by
- either party as required by this agreement or the performance
of any act rendered difficult or impossible solely because of
the financial condition of the party required to perform the
act.
5.06 NOTICES: Except as otherwise expressly provided by law,
any and all notices or other communications required or
permitted by this agreement or by law to be served on or given
to any party to this agreement shall be in writing and shall
be deemed duly served and given when personally delivered or
in lieu of such personal service when deposited in the United
States mail, first-class postage prepaid to the following
address for each respective party:
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue, Rm 107
DPT OF COMMUNITY SERVICES Atascadero, CA 93422
(461-5000)
B. TRINDA ROBBINS 9170 SAN DIEGO WAY
Paloma Creek Mini-Mart Atascadero CA 93422
(805) 466-6008
5. 07 GOVERNING LAW: This agreement and all matters relating
to this agreement shall be governed by the laws of the State
of California in force at the time any need for the inter-
pretation of this agreement or any decision or holding con-
cerning this agreement arises.
5.08 BINDING EFFECT: This agreement shall be binding on and .
shall- inure to the benefit of the heirs, executors; ad-
ministrators, successors and assigns of the parties hereto,
but nothing in this Section shall be construed as a consent by
City to any assignment of this agreement or any interest in
this agreement.
5.09 SEVERABILITY: Should any provision of this agreement be
held by a court of competent jurisdiction or by a legislative
or rule-making act to be either invalid, void or unen-
forceable, the remaining provisions of this agreement shall
remain in
PALOMA CREEK PARK FOOD AND DRINK 8
CONCESSION OPERATION AGREEMENT
100013
City of Atascadero
Contract#98018
full force ',and effect, unimpaired by the holding, legislation
or rule.
5.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes
the sole aNd entire agreement between the parties with respect
to the subject matter hereof. This agreement correctly sets
forth the obligations of the parties hereto to each other as
of the date of this agreement. All agreements or
representatlions respecting the subject matter of this
agreement not expressly set forth or referred to in this
agreement are null and void.
5. 11 TIME* Time is expressly declared to be of the essence
of this agreement.
5.12 DUE �,UTHORITY: The parties hereby represent that the
individualO executing this agreement are expressly authorized
to do so on:' and in behalf of the parties.
5.13 CONSTRUCTION: The parties agree that each has had an
opportunity to have their counsel review this agreement and
that any rule of construction to the effect that ambiguities
are to be resolved against the drafting shall not apply in the
interpretation of this agreement or .any amendments or exhibits
thereto. The captions of the sections are for convenience and
reference only, and reference only, and are not intended to be
construed to define or limit the provisions to which they
relate.
5.14 AMENDMENTS: Amendments to this agreement shall be made
only with the mutual written consent of all of the parties to
this agreement.
PALOMA CREEK PARK FOOD AND DRINK 9
CONCESSION OPERATION AGREEMENT
100014
City of Atascadero
Contract#98018
Executed on May 12, 1998, at Atascadero, California.
Attest: CITY OF ATASCADERO
By:
Marcia M. Torgerson Wade McKinney
City Clerk City Manager
Approved as to form:
By:
Roy Hanley Trinda Robbins
City Attorney Contractor
Approved as to content:
Brady Cherry, Director
Department of Community Services
PALOMA CREEK PARK FOOD AND DRINK 10
CONCESSION OPERATION AGREEMENT
000015
City of Atascadero
Contract#98018
EXHIBIT A
PROFESSIONAL SERVICES TO BE
PERFORMED BY THE CONTRACTOR
The Contractor Ishall utilize said premises for the following
purposes:
A. Premises shall be used for the purpose of selling over-the-
counter items such as soft drinks, candy, snacks, hot dogs,
popcorn and cold sandwiches. NO ALCOHOLIC BEVERAGES-MAY BE
SOLD.
B. Furnish and install at his own expense, all necessary
equipment required for proper service to the general public.
C. The storage and service thereof shall be' in an area approved
by the Director of Community Services.
D. Furnish and maintain proper facilities, equipment and
devices for the concession as herein provided.
E. Operate the facility in a business-like manner and to the
satisfaction of the Department of Community Services, subject
to the maintenance of said areas of conformance with the
highest standards of health and safety for patrons of said
operation. )
F. All items to be sold shall be approved by the Department of
Community Services.
PALOMA CREEK PARK FOOD AND DRINK i l
CONCESSION OPERATION"AGREEMENT
900016
ITEM NUMBER: A - 5
II
DATE: 05/12/98
: I
iais ® 0_79
City g g p Mana � rs Agenda Report
Wade G. McKin ey
STATE ROUTE 41 RELINQUISHMENT
RECOMMENDATIONS:
Staff recommends that Council authorize, by minute order, the Mayor to enter into a
Cooperative Agreement with CalTrans for relinquishment to the City of a portion of
State Route 41 (Post bile 15.8 to Post Mile 17.1).
DISCUSSION:
Attachment B shows the portion of State Route 41 which,is to be relinquished to the
City. The relinquishment is required due to the realignment of State Route 41.
Consistent with the provisions of the Streets and Highways Code, the State is
obligated to bring the rielinquished portion of the highway into a state of good repair
and the City is obligated to accept it. The City will acquire ownership, operation,
liability and maintenance responsibilities upon relinquishment of the highway by the
California Transportation Commission.
Staff has evaluated then portion of State Route 41 to be relinquished and has
determined the improvements required to bring it into a state of good repair. Staff
was directed to negotiate a reasonable lump sum payment for these improvements in
lieu of having,CalTran:s perform the work. The negotiations to date have resulted in a
$318,000 lump sum payment from the State to the City.
Staff was concerned that activities associated with the construction of the Highway 41
realignment project would damage the portion of State Route 41 to be relinquished.
CalTrans has agreed to review the condition of roadway with the City before
construction operations begin and again prior to completion of the project. The
inspections will be used to determine the extent of any construction-related damage
(see Attachment D). CalTrans has agreed that construction-related damage will be
repaired either by Calt rans' maintenance forces or by the contractor for the
realignment project vii'contract change order before the roadway is relinquished to
the City.
90401'7
I
ITEM NUMBER: A - 5
DATE: 05/12/98
FISCAL IMPACT:
The City will receive revenue in the form of a$318,000 lump sum payment from the
State. The City will incur maintenance, operation and liability costs typical of a City
maintained street in a state of good repair.
ALTERNATIVES:
1. Take no action. The State will construct the improvements they feel are necessary to bring the
highway into a state of good repair. The highway will still be relinquished to the City. The City
may have the ability to protest whether the highway is in a state of good repair.
RESPONSIBLE DEPARTMENT: Community Services
ATTACHMENTS:
Attachment A - Cooperative Agreement
Attachment B - Location Map
Attachment C - Correspondence related to negotiations between staff and CalTrans
Attachment D - Letter from CalTrans regarding construction related damages
Attachment A
State Route 41 Relinquishment
Cooperative Agreement
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON is between
the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as "STATE, " and
CITY OF ATASCADERO
a body politic and a municipal
corporation of the State of
California, referred to herein
as "CITY"
RECITALS
0
(1) STATE and CITY, pursuant to Streets and Highways Code Section 73
are authorized to enter into a Cooperative Agreement providing for
relinquishment to CIT1Y of a portion of State Highway within CITY.
(2) STATE desires to relinquish to CITY that portion of Route 41,
between Post Mile 15 !i. 8 and Post Mile 17 . 1 and CITY is willing to accept
relinquishment . Said relinquishment shall occur at the completion of STATEEIs
project of the Route 41 realignment .
(3) STATE and CITY have reached an understanding on the work necessary
to place the State highway in a state of good repair and have agreed to the
amount of $318, 000 as the cost to perform such work.
(4) STATE is willing to make a lump sum payment, from the 1996 STIP
Program, to CITY to satisfy STATE' s obligation to place the relinquished
highway in a state of', good repair.
(5) CITY is willing to accept a lump sum payment as STATE' s total
responsibility to place the highway in a state of good repair for the purpose
of relinquishing highway to CITY.
(6) Relinquishment will occur upon approval by the California
-aansportation Commission of a Resolution of Relinquishment and recording of
id resolution in the County Recorders Office .
(7) The parties fhereto desire to define herein the terms and conditions
under which relinquishment is to be accomplished.
Page 1 of 4
' District Agreement #05-CA-0089
SECTION I
LOCAL AGENCY AGREES:
c
(1) Execution of this Agreement constitutes CITY' s waiver of the ninety
(90) days ' notice of "Intention to Relinquish" requirement contained in
Section 73 of the Streets and Highways Code.
(2) To accept relinquishment of that portion of State Highway Route
41 described in RECITALS, Article (2) upon receipt of lump sum payment from
STATE and approved by the California. Transportation Commission .sof a
Resolution of Relinquishment and recording of said resolution in the County
Recorders Office.
(3) Upon the adoption, filing and recording of the Resolution of
Relinquishment by the California Transportation Commission, and upon CITY' s
receipt of STATE' s payment, to accept ownership, maintenance, operation and
liability of the relinquished highway.
(4) Payment of STATE' s final contribution of $318 , 000 to CITY fully
meets STATE ' s responsibility to place the State highway in a state of good
repair and CITY shall accept relinquishment and all rights, title and
interest in, without any additional cost to STATE.
SECTION II
STATE AGREES•
(1) To make a lump sum payment, after allocation of funds and approval
of the resolution of relinquishment by the California Transportation
Commission and deletion of this portion of Route 41 from the State Highway
System, of $318, 000 to CITY, which figure represents STATE' s final and only
payment toward the cost of placing highway in a state of good tepair for the
purpose of relinquishment .
(2) To transfer to CITY, upon relinquishment, all records and files for
the relinquished section of highway, including, but not limited to, plans,
survey data and right of way information.
1)0000
Page 2 of 4
t
District Agreement #05-CA-0089Ik AV,
lk Ar
!
4
10-P
SECTION III
l
IT IS MUTUALLY AGREED. '
(1) All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and the
allocation of resources by the California Transportation Commission.
(2) Neither STATE nor any officer or employee thereof is responsible
for any damage or liability occurring by reason of anything done or omitted
to be done by CITY under or in connection with any work, authority or
jurisdiction delegated''; to CITY under this Agreement . It is understood and
agreed that, pursuant : to Government Code Section 895 .4 , CITY shall fully
defend, indemnify and slave harmless the State of California, all officers and
employees from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined in Government
Code Section 810 . 8) occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority or jurisdiction
delegated to CITY under this Agreement .
(3) No alteration of the terms of this Agreement shall be valid unless
e in writing and signed by the parties hereto and no oral understanding
or agreement not incorporated herein shall be binding on any of the parties
hereto.
000021
Page 3 of 4
CUP T
District Agreement #05-CA-0089
(4) This Agreement shall terminate upon recording in the County
Recorders Office of the relinquishment resolution for this portion of Route
41, or on December 31, 2000, whichever is earlier in time .
STATE OF CALIFORNIA CITY OF ATASCADERO
Department of Transportation 6500 Palma Avenue
Atascadero CA 93422
JAMES W. VAN LOBEN SELS
Director of Transportation
By By
Kenneth G. Nelson Mayor
District Director
Date : Date:
Approved as to form & procedure Attest :
By By
Attorney, Department of City Clerk
Transportation
Certified as to form & procedure Approved as to from & procedure
By By
Accounting Administrator City Attorney
Certified as to funds Approved as to content
By By
R. L. Baldridge City Engineer
Budget Manager
Approved:
By
Bart Bohn
District Director
District 6 Central Region
Date :
f-)00022
Page 4 of 4
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Attachment C _
State Route 41 Relinquishment
Correspondence.
CITY OF ATASCADERO
• • • DEPARTMENT OF PUBLIC WORKS
,ai• ■ 1979 6500 PALMA AVENUE,ATASCADERO,CA 93422
Telephone:(805)461-5020 • Fax:(805)461-7615
October 6, 1997
Department of Transportation - District 5
P.O. Box 8114
San Luis Obispo, CA 93403-8114
Attn: Jim Alessi
Subject: State Route 41 Realignment
5-SLO-41-15.8/17.1
Dear Mr. Alessi:
We are in receipt of the letter dated July 15, 1997 from Mr. Steve Price to Mayor Ray
Johnson regarding a possible lump sum payment from CalTrans for the rehabilitation of the
portion of State Route 41 which is scheduled to be relinquished to the City.
The City requested that certain items of work be completed by CalTrans prior to
relinquishment. The items of work are outlined in a memorandum to Henry Engen dated
May 24, 1994 (copy attached). The proposed lump sum figure of $211,000 offered by
CalTrans for this work is based on an estimate prepared by B. Rodgers of CalTrans dated
November 16, 1994.
After review of Mr. Rodgers estimate, it is our opinion that the proposed $211,000 lump
sum payment will not be sufficient to bring the relinquished portion of State Route-41 into
a state of good repair. The estimates did not include funds for: contingencies; the
preparation of plans, specifications and engineering; or construction engineering. The unit
price per ton for asphalt concrete used in Mr. Rodgers estimate ($32) is significantly lower
than the unit price for asphalt concrete on several projects recently awarded by the City
($45).
In addition to the above, there has been significant erosion along the bank of Atascadero
Creek bank near the Southern Pacific Railroad (SPRR) undercrossing. If left unchecked, the
creek will continue to erode at this location posing a significant threat to Capistrano
Avenue. An estimate for the work required to stabilize the stream bank is included in the
segment for the SPRR undercrossing.
� 00024
Jim Alessi_
October 6, 1997
Page 2
The following table summarizes the additional funds the City feels are required to bring the
portion of State Route 41 to be relinquished into a state of good repair. More detailed
estimates for each segment are enclosed.
Segment ,Description CalTrans' City Difference
Estimate Estimate
PM 15.96 to 16.22 EI Camino Real, $26,872.00 $39,581.00 $12,709.00
Morro Rd to
We: Mall
PM 16.22 to 16.57 West Mall $64,162.00 $104,242.00 $40,080.00
PM 16.60 to 17.22 Capistrano Ave $49,365.00 $85,753.00 $36,388.00
PM 17.22 to 17.24 SFRR underpass $2,778.00 $75,099.00 $72,321.00
PM 17.24 to 18.32 Sycamore Ave $67,590.00 $113,091.00 $45,501.00
ADDITIONAL FUNDING REQUIRED =$206,999.00
We look forward to working with you on this project. If you have any question regarding
the above, don't hesitate to contact us.
Res ectfully your
g
John B. Neil
Assistant City Engineer
J B N/tas -
9312701 ATA
1)00®ti5
•J\ ✓ ' - <J
STATE OF CALIFORNIA—BUSINESS, TRANSPC—."TION AND HOUSING AGENCY PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
50 HIGUERA STREET
SAN LUIS OBISPO, CA 934o1 .5415
TELEPHONE: (805) 549-3111 7 r '-
TDD (805) 549-3259 F r'
2 1997 July 15, 1997
5-SLO-41-15 . 8/17. 1
5-SLO-41-17 . 1/19 . 7
Atascadero Bypass
05-234-345201
05-234-309001
Ray Johnson, Mayor -
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mayor Johnson:
Caltrans is continuing with development of the project for the
Route 41 realignment in and near the City of Atascadero. We
would like to bring you up to date on the relinquishment of the
existing Route 41, particularly the existing Salinas River
Bridge. We also need City concurrence with the relinquishment
plans so we can move forward with the project .
Since the initiation of the design phase, Caltrans -had numerous
conversations with Henry Engen, past Community Development
Director, concerning relinquishment of Route 41 within the City
limits . Prior to Mr. Engen' s retirement, Caltrans and the City
agreed in principle to the City receiving a lump sum payment of
$261, 000 from Caltrans (See Attached Memo) . The City can use the
money as they see fit to rehabilitate Route 41. This figure was
based on the cost of rehabilitating specific locations within the
City limits . The figure included $50, 000, which was Caltrans '
cost to remove the . existing Salinas River Bridge if the City were
to choose to keep the bridge . Since then, the March 1995 storms
damaged the bridge and it was subsequently removed. The
relinquishment cost is revised to $211, 000 to reflect the removal
of the bridge . With the departure of Mr. Engen and Andy Takata,
this agreement to the payment was never formalized. ke request
confirmation in writing that the payment of $211, 000 is
acceptable to the City.
The ACROW bridge, which was placed after the collapse of the
original Salinas River Bridge, will be removed and placed in the
statewide inventory for use in future emergencies. Our plans
specifies the removal of the single bridge pier along with
partial removal of both bridge abutments . If the City desires to
keep the bridge pier and abutments for some future use, please
submit in writing your request .
9000 26
J
Ray Johnson
July 15, 1997
Page 2
Our current schedule is to complete design in March 1998,
advertise in August 1998 and start construction in November 1998 .
Please submit any request you may have by September 15, 1997 .
This will give us enough time to incorporate your requests in our
plans . If we do, not hear from you by September 2, then we will
assume that you 'concur and we will proceed accordingly.
If you have any questions or comments please call James Alessi, _
Project Manager, ', at 549-3330 .
Sincerely,
Ste Price
Design Office Chef
Attachment
700®�"�
3TATr. QF CALIFORNIA BUSINESS, TF" 9PORTATION AND HOUSING AGENC" PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
�.0. BOX 8114
KN LUIS OBISPO, CA 93403-8114
EPHONE: (805) 549-3111 ry
rDD (805) 549-3259
January 25, 1995
5-SLO-41-15. 8/17. 1
Route 41 Realignment
05-225-2-345201
Mr. Henry Engen
Community Development Director
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. Engen:
On September 6, 1994 we received a letter from Andrew Takata
(attached) stating that the City is interested in exploring the
possibility of receiving a lump-sum payment for the
relinquishment of a portion of Route 41 in the City of
Atascadero. Mr. Takata requested an estimate of the amount of
funding that would be available from Caltrans.
In deriving the lump-sum payment for the relinquishment of the
existing Route 41, we have reviewed the memorandum from May 24 ,
1994 from John Neil, Assistant City Engineer (attached) regarding
the improvements the City would like to have addressed. These
improvements are listed below with the estimated cost:
A. E1 Camino Real between Morro Road and West Mall.
- Remove and Replace 325 ' curb and gutter.
- Remove and Replace 30 ' of broken sidewalk.
- Construct 2 wheel chair ramps at Century Plaza entrance
across from Denny' s.
- Place 0. 08 ' open graded AC from Morro Road to West Mall.
- Atascadero Cr Br #49-24 is not on the current state seismic
list to be upgraded and therefore no seismic upgrades will
be performed.
- Total estimate = $26,900.
D000`c3
B. West Mall from El Camino Real to Capistrano Avenue.
- Cold plane AC" from gutters (0.2 ' max, 6' wide) from El
Camino to Capistrano.
- Place 0. 08 ' open graded AC from E1 Camino to Capistrano.
- Remove & replace 180 ' curb & gutter from El Camino to Palma.
- Replace 2 D.T. ' s at Palma and West Mall intersection.
- Remove & replace approximately 240 ' curb & gutter and
sidewalk (includes driveway) from Palma to Lewis by the City
Administration building.
- Replace 1 D.I. at Lewis and West Mall intersection. -
- Place 105 ' curb & gutter & 10 ' sidewalk (includes driveways)
by the Jr High School on the right side along West Mall
adjacent to Lewis Avenue.
- Replace broken curb & gutter 101 on either side of the 7
trees on the'iright side between Lewis and Capistrano.
- Construct 1 wheel chair ramp at Olmeda and West Mall
intersectionland 1 across from olmeda by the school track.
- Replace 3 D. T. ' s near the bridge at West Mall and
Capistrano.
- Atascadero Cr Br n 49-100 is not on the current state
seismic listto be upgraded and therefore no seismic
upgrades will be performed.
- Total estimate = $64,200 .
C. Capistrano Avenue.
- Place 0. 15 ' Dense Graded AC overlay with shoulder backing.
- Cold Plane (0 . 151 max) along concrete gutter.
- Install D. I. ' at Capistrano and Ensenada Ave intersection.
- Cold -Plane 0* 15 ' AC at railroad underpass.
—Clean storm drains at railroad underpass.
- Total estimate = $52,100 .
D. Sycamore Avenue.
- Place 0. 15 ' Dense Graded AC overlay with shoulder backing.
- Place D.I. approximately 5001 south of railroad underpass.
- Total estimate = $67, 600 .
DOOO'Z9
I
E. Curbaril Bridge.
- Salinas River Br m49-102 is not on the current state seismic
list to be upgraded and therefore no seismic upgrades will
be performed.
- Caltrans will remove the AC road approaches to the bridge
and place barricades at each end to prohibit vehicles from
crossing and construct pathways as part of Caltrans contract
work.
- Caltrans will provide the as-built drawings and copies of
all the bridge inspection reports.
- Caltrans to contribute $50,000 to the City for any upgrades-
they wish to perform to the structure after it has been
relinquished.
F. Summary.
- Proposed lump-sum relinquishment payment $260 ,800 .
We were asked to provide a recommendation to prevent the future
failure of the curb and gutters due to the street trees along the
Jr High School. One alternative is to move the curb and gutter
in 21 from its existing location. This would reduce the paved
width from 40 ' to 381 . This still 'allows for a 12 ' lane and a 6 '
shoulder in the east bound direction.
r
After you have had a chance to review the above estimate, please
let Jim Alessi or myself know if you wish to further discuss
having the City perform the relinquishment work.
Sin 77ly,
Ron. raemer
Project Engineer
A
+)00030
cort�.
' "•" "•'
�9�$ CITY
OF
is ATASCAD
E R p
DEPARTMENT OF PUBLIC WORKS
�HoR MN uX
DATE: May 24 , 1994
TO: HenryEngen, Community mmunity Development Director
FROM: JohnlNeil, Assistant City Engineerjp,,,f
SUBJECT: Hwy 41 Relinquishment
We have reviewed the existing Highwa
Prior
acceptance by ehe Cit y 41 improvements.
by Caltrans: y, the following items should be addressedo
A. E1 Camino Real between Morro Road
and West Mall
1 • Replace the failed curb,
to Celntur Plaza. gutter and sidewalk adjacent
eliminatethe ponding which ishe cessary currently Occurring
to
this area. currently occurring in
2 . Chip seal and replace pavement stripingand
marking.
B. West Mall from E1 Camino Real to Capistrano
Avenue
1. Mill all A. C. from the gutter.
2 . Chip seal and replace pavement stripingand d marking.
3 . Repair all failed curb &
recommendation for gutter. Provide a
preventing future failure of curb
and gutter due to street trees.
4 • Replace D. I. 's at Palma Avenue and West
with City Standard D. I. 's Mall Avenue
5 . Reconstruct 200' of pavement north ofLewis Avenue
the south bound lane. in
6. Replace the three D.I. ''s near the bridge over
Atascaaero Creek with City Standard D. I. ,s,
1)fl6033
Henry Engen
May 24 , 1994
Page 2 -
7 • Perform any seismic upgrades
the bridge over Atascadero Creek. Performraquired for
maintenance work which may be required. l
brige
deck and overlay. Repair all dag
railing. edconcretebridge
$ • Provide as-built drawings of the bridge over Atasca
Creek. Provide copies of all bridge dero
reports. g inspection
C. Capistrano Avenue
1. Repair all failed areas in the pavement.
2 . Mill A.C. paving under rail road and
overlay. g
overcrossin
3 • Clean storm drains under rail road overcrossing.
4 • Reconstruct/realign levee wall at
rail road
overcrossing to minimize accident
Potential .
D. Sycamore Avenue
1. Extend and construct headwall at the cross culvert
approximately 5001 south of the rail road overcrossing.
2 . Complete the overlay of Sycamore Avenue. Provide
shoulder backing. Provide pavement widening
etc. as required to improve Sycamore Avenue tosCitying,
Standard 403 - Rural Collector Section.
E. Curbaril Bridge
1. Sandblast and paint
2 . Provide pedestrian railing
3 . Repair all collision damage
4 • Perform any seismic upgrades which may be required.
q red.
5. Install barricades at =each end of the bridge which
allow only pedestrian/equestrian access.
1000;3"
Henry Engen
May 24, 1994
Page 3 i
6. Provide as-built drawings and copies of all bridge
inspection reports
7. Remove the A.C. bridge approaches. Construct
decomposed granite approaches.
Please call if': You have any questions regarding the above.
JBN/dmv
HNY4I.ATA
'10003.3
AY 1-86 ikl 8:30 AM LANDSCAPE ARCHITECTURE FAX 110. 805 542 4746 P. 2
'T STATE OF CAUFORNIASSUSINESS,TRANSPORTATION AND HOUSING AGENCY PETE WILSON,Gommor
9312
DEPARTMENT OF TRANSPORTATION
50 HIGUERA STREET C OOP
SAN LUIS O:SPO.(805)CA-311 1�f413
TELEPiiONE:(806)649-3117
TM(805)5494269
INTERNET h2p:/Mww.dot.ca,govtdisM
April 24, 1998
05-3090U1
SLO-41-15.8/19.7
Bridge Replacement
And Realignment
John B.Neil,Assistant City Engineer
City of Atascadero
Public Works Department
5500 Palma Avenue
Atascadero,CA 93422
Dear Mr. Neil:
Thank you for your letter of March 18, 1998 regarding the Cooperative Agreement for the
Route 41 Relinquishment. We understand your concern of addressing potential damage to the
existing Route 41 due to construction activities.
The Cooperative Agreement sent to you for your signature on February 25, 1998,establishes
an agreed upon lump sum payment of$318,000 to the City in order to satisfy the State's
obligation to place the relinquished highway in a state of good repair.
Please be assured that Caltrans will still own and maintain the existing highway throughout
the construction period. Should there be significant damages to the existing Route 41 due to
the construction of the new highway,these damages will be addressed either by Caltrans
Maintenance forces or under the construction contract for the new highway.
In order to document the condition of the highway to be relinquished,we will videotape the
existing route prior to the beginning of Construction,and will again video tape the route a few
months prior to the end of construction.
I look forward to receiving the signed Cooperative Agreement from you soon. If you have
any further questions or comments,please feel free to call me at 549-3123.
Sincerely,
�
4 r Kathy DiGrazia
Project Manager
MAY-01-1998 07:19 P.02
®403,1
ITEM NUMBER: B - 1
DATE: 05/12/98
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City Manager's Agenda Report
Wade G. McKin ey
Zone Change #98001
Planned Development Overlay Zone No. 8
(Gearhart/Cannon Associates)
RECOMMENDATIONS:
The Planning Commission recommends that Council:
1. Find the Negative Declaration adopted when the Eagle Creek Project was originally
approved adequate for the current project and satisfies the requirements of the California
Environmentat Quality Act(CEQA); and
2. Introduce Ordinance 348 for first reading by title only, approving Zone Change#98001.
DISCUSSION:
Background: In March of 1991, the Planning Commission held public hearings and
recommended that the City Council approve General Plan Amendment, Zone Change and
Tentative Tract Map applications for what became known as the Eagle Creek Project. The
approval allowed for the subdivision of a 24-acre site into twelve (12) single family residential
lots and two (2) larger)lots for recreational use. On April 9, 1991,the City.Council concurred
with the recommenda#on of the Planning Commission and approved the project. The final map
has since been recorded and construction of the homes and golf course is now underway.
A new planned development overlay zone was established to "lock-in" development of the entire
site, in accordance with the approved Master Plan of Development. The Master Plan of
Development, which �pplies only to the subject site, is now codified in Section 9-3.152 of the
Zoning Ordinance as Planned Development Overlay Zone No. 8 (PD8 Overlay).
Earlier this year, Public Hearings were held by the Planning Commission and City Council to
consider an amendment to the Master Plan of Development for Eagle Creek Project with respect
to access requirements. The Council concurred with the recommendation of the Planning
Commission and access to recreational uses is now allowed from Atascadero Road rather than
Santa Barbara Road.
100035
ITEM NUMBER: B 1
DATE: 05/12/98
On April 21, 1998, the Planning Commission held a Public Hearing to consider a Master Plan
amendment request in conjunction with a Tentative Tract Map to divide one of the twelve (12)
residential lots into two (2) parcels, each of one-half acre (net). After some discussion regarding
septic suitability and off-street parking, the Planning Commission unanimously approved the
Tentative Map and recommend approval of the Zone Change (Attachment D). The Planning
Commission's approval of the Tentative Map is contingent on the Council's approval of the
Zone Change.
Analysis: The Master Plan of Development approved for the PD8 Overlay zone limits the
number of residential lots within the Eagle Creek Project to twelve (12)with a minimum lot size
of one-half acre. The applicant now proposes to change the Master Plan to allow thirteen (13)
residential lots, but does not propose to modify the half-acre lot size requirement.
The original application for the Eagle Creek Project included tennis and swim club facilities in
addition to the golf course and fifteen(15) residential lots. This was the project evaluated during
environmental review and discussed during the Public Hearing process. Because the percolation
tests presented at that time showed septic suitability for only twelve (12) lots, the project was
approved with a condition that the number of residential lots be reduced from fifteen (15) to
twelve (12).
Of the twelve (12) residential lots which now exist, seven (7) are one-half acre and four (4) are
somewhere between one-half acre and two-thirds of an acre. Lot 1, however, is a full acre.
Recently, the applicant has done additional percolation tests on Lot 1 and has demonstrated to
staff s satisfaction that two (2) suitable septic system areas exist (including an expansion.area for
each). Therefore, the applicant proposes to subdivide Lot 1 into two (2) new parcels of one-half
acre each.
Prior to approval of the Eagle Creek Project, the site was zoned for commercial tourist use.
Residents in the area supported the Eagle Creek Project and there was no negative testimony
presented during the hearing process. The Eagle Creek Project was approved unanimously at
both the Planning Commission and City Council levels. Zoning was established for the southern
gateway into the City that ensured most of the site would remain in visually pleasing open space
and that portions of the site not in open space would be developed with uses compatible with the
surrounding residential area.
The applicant now seeks to construct a thirteenth residence on the site, but does not propose to
expand the portion of the overall site dedicated to residential use nor does he propose to modify
the half-acre lot size requirement. The only reason the number of residential lots was reduced
from fifteen (15) to twelve (12) was because only twelve (12) suitable septic areas were
demonstrated at that time. Now that it has been demonstrated that two (2) suitable septic areas
exist on Lot 1, the division will meet the original requirements of the development. All of the
public improvements necessary to serve the thirteenth (13th) lot are existing and the proposal
does not raise any new environmental concerns or planning issues.
Conclusions: The proposed Zone Change is consistent with applicable General Plan and Zoning
programs, with the exception of the need to amend the Master Plan of Development for Planned
900036
ITEM NUMBER: B -
1
DATE: 05/12/98
Development Overlay;Zone No. 8, and would facilitate a subdivision the Planning Commission
has already approved.' If the requested Zone Change is approved,the Eagle Creek Project would
consist of thirteen(13) residential lots consistent in size, shape and orientation.
ALTERNATIVES:
The City Council could deny this application in which case the Planning Commission's approval
of the Tentative Tract Map would be null and void. Denial of the application would not further
any General Plan goals or zoning policies and is therefore not recommended. Another alternative
would be for the Council to approve the requested Zone Change with conditions. Considering
that all other provisions of the PD8 Overlay would remain applicable to the site, as would the
CC&Rs recorded for the project, conditions do not appear necessary.
FISCAL IMPACT:
The recommended nmdification of zoning standards would allow the subdivision of one
residential lot and thebrefore the construction of one additional home. The fiscal effects of this
would be negligible.
RESPONSIBLE DEPARTMENT: Community Development Department
• ATTACHMENTS:
Attachment A -- Location Map (General Plan)
Attachment B -- Location Map (zoning)
Attachment C -- Existing Master Plan of Development
Attachment D -- Resolution Recommending Approval of Zone Change
Attachment E -- Ordinance 348
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CITY OF AT-ASCADERO
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100040
ATTACHMENT D
RESOLUTION OF PLANNING
COMMISSION
ZC #98001
RESOLUTION NO. PC 1998-012
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO
APPROVING A TENTATIVE TRACT MAP
TO SUBDIVIDE RESIDENTIAL PROPERTY AT
105 EAGLE CREEK COURT
(TTM#98001: Gearhart/Cannon Associates)
WHEREAS, Kelly Gearhart has filed a Tentative Tract Map application to divide ac
existing one-acre lot intq two (2) new parcels each of one-half acre located at 105 Eagle Creek
Court; and
WHEREAS, the proposed project is in conformance with the Land Use Element of the
City of Atascadero's General Plan and all other applicable General Plan policies; and
WHEREAS, the site is located in a High Density Single Family area wherein the zoning of
the site allows for the uses and densities proposed; and
WHEREAS; the Planning Commission of the City of Atascadero conducted a public
hearing on the proposed'',Tentative Tract Map application on April 21, 1998;
NOW, THEREFORE, the Planning Commission of the City of Atascadero finds that the
proposed project, as conditioned, will not have potentially significant environmental effects. The
Negative Declaration prepared for the Eagle Creek project when originally approved complies
with the requirements of the California Environmental Quality Act (CEQA) and is hereby
approved as adequate.
BE IT FURTHER RESOLVED that the Planning Commission finds as follows:
1. The proposed subdivision, as conditioned, is consistent with the General Plan and
applicable zoning requirements.
2. The design and improvement of the proposed subdivision is consistent with the
General Plan and applicable zoning requirements.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substant;ally and unavoidely injure fish and wildlife or
their habitat.
6. The design of the subdivision will not conflict with easements acquired by the
public at large for access through, or the use of property within, the proposed
subdivision; or substantially equivalent alternative easements are provided.
7. The proposed subdivision design and type of improvements proposed will not
:cause serious public health problems.
BE IT FURTHER RESOLVED, that the Planning Commission of the City of Atascadero
does hereby approve Tentative Tract Map#98001 for the division of a 1-acre.lot located at 105
Eagle Creek Court into two (2) parcels of 0.5 acres as shown on Exhibit A subject to the
Conditions of Approval shown in Exhibit B.
On motion byCommi ssi oner Eddi ngsand seconded byCommi ssi oner Clark , the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Commissioners Eddings, Clark, Hageman, Sauter, Arrambide, Fonzi , Zimmerman
NOES: None
ABSENT: None
ADOPTED: April 2], ]998
CITY OF ATASCADERO, CA
WILLIAM ZRVUERMAN, Planning Commission Chair
ATTEST:
PAUL M. SALDANA, Director
Community Development Department
')000112
EXHIBIT B
Resolution No. PC. 1998-012
Conditions of Approval for Tentative Tract Map #98001
April 21, 1998
(Page 1 of 2)
CONDITIONS OF APXROVAL:
1. This approval shall not be deemed final nor effective until the City Council has approved a
zone change to amend the Master Plan of Development attached to Planned Development
Overlay Zone No. 8 to show thirteen(13)residential lots rather than twelve (12). If the
Council fails to approve such a zone change, this tentative tract map approval shall be
considered null and void as it would not be in conformance with the zoning of the site.
Enigmeering Division Conditions:
2. The applicant shad enter into an Plan Check/Inspection agreement with-the City. .Prior to
recordation of the final map, all outstanding plan check/inspection fees shall be paid.
3. A preliminary soils report shall be prepared for the property by a registered soils engineer.
The report shall determine the presence of expansive soil or other soil problems which
exist on the site and shall make recommendations regarding grading of the site. A final
report prepared by a registered soils engineer shall be submitted prior to the ficial
inspection of any 1 improvements. The report shall certify that the grading was inspected
and found to be in conformance with the recommendations contained in the preliminary
soils report. The'final map shall state that a soils report has been prepared for the project.
The statement shall provide the date the report was prepared along with the name and
address of the soils engineer or geologist who prepared the report.
4. The applicant shall be responsible for the relocation and/or alteration of existing utilities.
5. The applicant shall install all new utilities(water, gas, electric, cable TV and telephone)
underground. Utilities shall be extended to the property line frontage of each lot or its
public utility easement.
6. Any utility trenching in existing streets shall be overlayed to restore a smooth riding
surface as required by.the City Engineer-.
7. The applicant shall monument all property corners for construction control and shall
promptly replace'them if disturbed.
8. The applicant shall submit a grading and drainage plan, prepared by a registered civil
engineer,for review and acceptance by the City Engineer prior to the issuance of building
permits.
9000=13
r
9. Thea applicant shall submit a written statement •
pp e t from a registered civil engineer that all
work has been completed and is in full compliance with the approved plans and the
Uniform Building Code(UBC)prior to the final inspection.
10. The applicant shall submit written.certification that all survey monuments have been set as
shown on the final map prior to the final inspection
11. All existing and proposed utility, pipeline, open space, or other easements are to be shown
on the final map. If there are building or other restrictions related to the easements, they
shall be noted on the map.
12. A black line clear Mylar(0.4 mil) copy and a blue line print of the final map shall be
provided to the City upon recordation.
13. A final map in substantial conformance with the approved tentative map and in compliance
with all conditions set forth in the City of Atascadero Subdivision Ordinance and the
Subdivision Map Act shall be submitted to the City Engineer for acceptance. A recently
updated title report shall be submitted for review in conjunction with the final map. -
14. Approval of this tentative map shall expire two years from the date of final approval unless
an extension of time is granted pursuant to a written request prior to the expiration date.
c:\data\wp\map\tm9801c.doc
9000114
it
ATTACHMENT E
DRAFT ORDINANCE 348
ZC #98001
ORDINANCE NO. 348
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO P�MENDING THE MASTER PLAN OF DEVELOPMENT APPROVED
PURSUANT TO PLANNED DEVELOPMENT ZONE NO. 8
RELATIVE TO THE NUMBER OF HOMES
(tC 98001: Gearhart/Cannon Associates)
WHEREAS, the proposed Zoning amendment is consistent with the
General Plan in '';effect at the time of application acceptance, as
required by Section 65860 of the California Government Code; and
WHEREAS, the proposed .amendment is in conformance with Section
65800 et seq. of the California Government Code concerning zoning
regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared when the Eagle Creek Project (Tract 2049) was originally
approved is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on Apri1; 21, 1998 and has recommended approval of Zone
Change #98001.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. ', Council Findings.
1 . The proposal is consistent with General Plan goals and
policies in effect at the time of application
acceptance.
2. The proposal is compatible with surrounding land uses
and zoning requirements in effect at the time of
application acceptance.
3. The proposal will not have significant adverse
environmental effects. The Negative Declaration
prepared for Tract 2049 and adopted by the Council on
April '9, 1991 has been reconsidered and found adequate
pursuant to the requirements of the California
Environmental Quality Act (CEQA) .
0000=15
Ordinance No. 348
Page 2
4 . Modification of the development standard hereby being
amended promotes safe, orderly and harmonious
development and is therefore warranted.
5. Modification of development standard hereby being
amended will enhance the opportunity to best utilize the
special characteristics of an area and will have a
beneficial effect on the area.
6. Benefits derived from the subject Zoning Ordinance
amendment cannot be reasonably achieved through existing
development standards.
Section 2. Zoning Ordinance.
The Master Plan of Development formerly approved pursuant to
the requirements of Planned Development Overlay Zone No. 8
(Ordinance 221 adopted on April 23, 1991) is hereby superseded and
replaced by another Master Plan of Development, as shown on the
attached `Exhibit A. '
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved by
the following roll call vote:
I)OOCS11-
Ordinance No. 34
Page 3
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Harold L. Carden, III, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk'
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
`)0001T
EXHIBIT A
ORDINANCE NO. 348
Revised Master Plan of Development for
Planned Development Overlay Zone No. 8
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1000-IS
ITEM NUMBER: C - 1
DATE: 05/12/98
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City Manager Is Agenda Report
Wade G. McKinney
Wastewater Treatment Facility
Design of Upgrade Improvements, Stage 1
RECOMMENDATION:
Staff recommends th4 Council adopt Resolution No. 1998-002 authorizing the Mayor to enter into
an agreement with Brown and Caldwell to design the improvements for the first stage of the
wastewater treatment facility upgrade.
REPORT-IN-BRhEF:
In July 1997, Council Ic irected staff to negotiate with Brown and Caldwell to establish a reasonable
fee for the engineering'i services required to design the improvements for the first stage of the
wastewater treatment Jcility upgrade. The first stage improvements include: the construction of an
effluent distribution pi eline;the excavation of the existing infiltration basins; construction of a
sludge dredging systet�I ; and construction of four sludge drying beds. The first stage improvements
will increase the hydrajulic and aeration capacity of the treatment facility,provide an improved
solids management system and allow treated wastewater to flow by gravity to the infiltration basins
(currently wastewater is pumped to these basins). Upon completion of the first stage
improvements,the City will be in a good position to submit an application for a revised discharge
permit to the Regional Water Quality Control Board. The application will request an increase in
the allowable volume�f treated wastewater that can be discharged from the treatment facility. If the
treatment facility can demonstrate its ability to handle increased flows without violations, it may
never be necessary to construct the second and third stage improvements identified in Brown and
Caldwell's preliminary design study for the treatment facility upgrade.
The scope of services vas refined by staff to include only those design services required for the first
stage improvements. The estimated hours for each of the tasks and sub-tasks were reviewed for
reasonableness and/or duplication of effort.
DISCUSSION:
The followingprovides background information that leads u to staff's recommendation to hire
p g p
Brown and Caldwell to design the improvements for the first stage of the wastewater treatment
facility upgrade:
000049
ITEM NUMBER: C - 1
DATE: 05/12/98
November 1983 -the wastewater treatment facility goes on line. The design capacity of the
facility is 1.4 mgd(million gallons per day)
November 1985 a report entitled Capacity Analysis and Evaluation of the ACSD Wastewater
Treatment and Collection System is prepared by John L. Wallace&Associates. The report
concludes that 100 percent of the treatment facility capacity could be committed in four years. The
report states that by adding additional aeration equipment the plant could expand its treatment
capacity from 1.4 mgd to 1.8 mgd. The report further states that to increase capacity beyond 1.8
mgd,major capital expenditures would be required for improved solids handling.
August 1986-the Regional Water Quality Control Board(RWQCB)requests that the City submit
a contingency plan to address the excessive solids that were accumulating around the inlet structure
to the facultative pond. The City responds by retaining John L. Wallace&Associates to review the
situation and recommend a course of action. Their report concludes that the excessive solids should
be dredged from the facultative pond and placed in one of the existing infiltration basins to dry.
The RWQCB indicates that discharge of untreated solids into an infiltration basin is technically a
violation of waste discharge requirements. They indicate that placing the solids in the infiltration
basin will only be acceptable as an emergency measure and not for the routine deposit of dredged
solids. The City also has John L. Wallace and Associates recommend the improvements required
to increase plant capacity to 1.85 mgd. They report that the original designers envisioned some
plant modifications including the installation of a primary clarifier to remove settleable solids and
grit, additional aerators in the oxidation basin, and the addition of a dissolved air floatation system
to assist in the removal of suspended solids in the effluent. The report also covers long-term
solutions to solids handling, oxidation basin and facultative pond upgrade options and methods of
lowering effluent suspended solids.
April 1987 - solids are dredged from the facultative pond and deposited in the first infiltration
basin. Although the RWQCB has requested that the City to develop a better alternative for
handling solids,they will continue to be dredged from the facultative pond and deposited in the first
infiltration basin on a yearly basis.
July 1988.--the RWQCB issues Order No. 88-84, Waste Discharge Requirements and Water
Reclamation Requirements for the City of Atascadero, San Luis Obispo County. The Order
requires the City to prepare several reports by specific dates. The reports are to contain
recommendations for flood protection, sludge and septage management and salt management. In
response,the City awards a contract to John Wallace&Associates and Kennedy/Jenks/Chilton to
prepare the reports ordered by the RWQCB. In addition to the information requested by the
RWQCB,the City requests that the report include recommendations for the improvements required
to expand treatment facility capacity to 2.4 mgd. The recommended improvements for treatment
facility expansion include sludge handling, septic receiving,reclamation,and other facilities.
March 1989 -the City receives several warnings from the RWQCB regarding odor complaints.
July 1989 -the RWQCB issues Cleanup or Abatement Order No. 89-89. The long-range plan for
the wastewater treatment facility is completed by Kennedy/Jenks/Chilton and John Wallace&
Associates. The recommended improvements are in two stages. The first stage improvements are
000050
ITEM NUMBER: C - 1
DATE: 05/12/98
intended to correct the Oroblem which prompted the issuance of Order No. 89-89 (these
improvements were implemented by Wastewater Staff immediately after the Order was issued).
The second stage improvements are those required to meet the wastewater treatment needs of the
City into the year 2000:. These improvements are estimated to cost$1,850,000. The second stage
of this plan is never implemented.
March 1991 -Kennedy/Jenks is hired to update and prepare an amendment to the long-range plan.
The recommended improvements of the amended plan are also in two stages. The first stage
improvements are estimated to cost$2,000,000,the second stage improvements $1,400,000. The
most pressing issue facing the operation of the treatment facility is meeting water reclamation
requirements. The problem in meeting these requirements stems from an excessive level of
suspended caused by algae. Although an integral part of the treatment process, algae routinely
causes the City to violate its suspended solids requirements for reclaimed water. The algae also
makes it difficult to disiinfect the reclaimed water. The City utilizes chlorine gas to disinfect
reclaimed water. The chlorination system has outlived its useful life. An upgrade to the
chlorination system is not included in the Kennedy/Jenks' long-range plan. It is estimated that to
upgrade the chlorination system to meet current safety standards will cost in excess of$250,000. It
is determined that development of an extraction well to eliminate the drawing of reclaimed water
directly from the treatment ponds will meet the requirements of the RWQCB, eliminate the need
for disinfection, eliminate the need to remove suspended solids, and provide the City with an
additional source of income. The yearly removal of accumulated solids from the facultative pond is
effective and odors are';under control. Remaining issues facing the treatment facility, aside from
those related to water reclamation, are solids handling, septage receiving, and treatment capacity
expansion.
January 1992 - the City enters into a contract with John Carollo Engineers to conduct a
hydrogeologic study to determine if it is feasible to extract reclaimed water from beneath the
infiltration basins. The study determines that water from the infiltration basins creates a localized
mound of groundwater. Four potential extraction well locations are used to compute potential
draw-downs and zones of influence from pumping. It is determined that four extraction wells
might be feasible if located a short distance east of the infiltration basins. The wells are expected to
produce between 50 arid 200 gpm. During the summer months,the Golf Course typically requires
521 gpm. It is decided;that one extraction well will be developed and utilized for one year before
subsequent wells are developed.
July 1992 - the RWQCB issues Cease and Desist Order No. 92-68 which requires the City to
submit a plan for maintaining consistent compliance with effluent limitations including a time
schedule for completion of facility upgrades including the sewering of several areas identified in
Cease and Desist Order No. 81-60. Order No. 92-68 is also in response to the City's lack of
progress on the sludge jand septage management plan and salts management plan required by Cease
and Desist Order No. $8-84. City staff completes a septage management plan and a salts
management plan and submits them to the RWQCB.
November 1994 -the City Council appoints five members to a committee to select a design
consultant for the wastewater treatment facility upgrade.
900051
ITEM NUMBER: C - 1
DATE: 05/12/98
March 1995 - Extraction Well No. 1 (EW#1)is developed. It is determined that EW#1 had a
potential yield of 800 gpm.
August 1996 - the City begins the delivery of water from EW#1 to the Chalk Mountain Golf
Course at a rate of 650 gpm.
February 1996 -the average daily discharge from the treatment facility is 1.4 mgd(the facility's
design capacity). The treatment facility has a permit from the RWQCB to treat and discharge 1.67
mgd. Consistent with the provisions of its discharge permit,the City has been noting on its
monthly reports to the RWQCB that the treatment facility may be operating at its permitted
capacity within four years. The City enters into a contract with Brown and Caldwell Engineers to
prepare a preliminary design report for upgrading the wastewater treatment facility.
May 1997 -the preliminary design report by Brown and Caldwell for the treatment facility upgrade
is completed. The recommended improvements are in three stages. The first stage improvements
will increase the hydraulic and aeration capacity of the treatment facility,provide an improved
solids management system and allow treated wastewater to flow by gravity to the infiltration
basins. The first stage improvements are estimated to cost approximately$2,000,000. The second
stage improvements include a screening system, flow measurement, additional pumping systems,
additional aerators, intermediate sedimentation tank; and a septage handling system. The third
stage improvements include additional sedimentation tanks,sludge thickeners, aerobic digester and
biosolids storage tank, and additional sludge drying beds. The second and third stage
improvements are estimated to have a combined cost of approximately $4,000,000.
FISCAL IMPACT:
The fiscal impact for the consultant services required to design the first stage improvements for the
wastewater treatment facility is$156,860,previously budgeted.
The following tables summarize the project design revenues and anticipated design expenditures for
the Stage 1-improvements. PROJECT DESIGN REVENUES
Wastewater Facilities Fund(Fund 1790) $156,860
TOTAL DESIGN REVENUES $156,860
PROJECT DESIGN EXPENDITURES
Plans, specifications,estimates $142,650
Geotechnical engineering $6,210
Surveying $8,000
TOTAL DESIGN EXPENDITURES $156,860
900052
ITEM NUMBER: C - 1
DATE: 05/12/98
ALTERNATIVES:
No project -currently the wastewater treatment plant is operating near its design capacity
of 1.4 million gallons per day(average dry weather flow). Deficiencies in the existing
facility have been identified by the RWQCB. If there is a lack of progress in correcting
the deficiencies already identified the City may be subject to fines or other punitive
measures that the RWQCB may employ to insure compliance with state and federal
laws.
Delay Project,-delaying correction of identified deficiencies could result in actions against
the City by the RWQCB as outlined in the no project alternative.
Ultimate project-the various stages of the project identified in the Preliminary Design
Report could be combined which would accelerate the upgrade and expansion of the
treatment facility. Combining the various stages would require that the City finance the
project as opposed to paying for the improvements as the need is demonstrated and as
funds become available.
RESPONSIBLE DEPARTMENT: Community Services
ATTACHMENTS: Attachment A-Consultant Services Agreement
(To be distributed upon receipt from consultant)
Attachment B -Resolution No. 1998-002
1)00053
ITEM NUMBER: C - 1
DATE: 05/12/98
RESOLUTION NO. 1998-002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO,CALIFORNIA,ENTERING INTO AN AGREEMENT WITH
BROWN AND CALDWELL
FOR THE DESIGN OF THE WASTEWATER TREATMENT FACILITY
UPGRADE IMPROVEMENTS,STAGE 1
WHEREAS,the Wastewater Treatment Facility Upgrade Improvements are identified in the current
capital budget adopted by the city council of the City of Atascadero, California; and
WHEREAS, a reasonable fee for the design services required for the Wastewater Treatment Facility
Upgrade Improvements, Stage 1 was negotiated by the City Engineer; and
WHEREAS,the public interest and general welfare will be served by design and Construction of the
Wastewater Treatment Facility Upgrade Improvements,Stage 1.
NOW,THERFORE,the City council of the City of Atascadero does resolve as follows:
1. The Mayor is hereby authorized t execute an agreement with Brown and Caldwell for design of
the Wastewater Treatment Facility Upgrade Improvements, Stage 1 with a total fee not to
exceed$156,860.
2. The City Manager is hereby authorized to make minor corrections or modifications of a
mathematical or clerical nature.
3. The finance director is hereby Authorized to appropriate $156,860 of Wastewater Facilities
fund,release and expend monies from the Wastewater Facilities Fund and issue warrants to
comply with the terms of this agreement.
On a motion by Council person seconded by Council
person
the foregoing Resolution is hereby adopted in its entirety on the following roll call
vote.
AYES:
NOES:
900054
ITEM NUMBER: C - 1
DATE: 05/12/98
Resolution No. 1998-002
Page 2
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By
MARCIA M. TORGERSON HAROLD L. CARDEN,III
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLEY
City Attorney
' 00055
ITEM NUMBER: C — 2
DATE: 05/12/98
iais ® 997e
City Manager's A` Report
ana Agenda p
Wade G. McKin ey
Pudic Art Donation to the Charles Paddock Zoo
RECOMMENDAiTION:
The Parks and Recreation Commission and the Public Arts Committee recommend the
authorization of the Mayor to execute an agreement with artist John D. Olt to accept the donation
of a sculpture for the Charles Paddock Zoo.
SUMMARY:
In 1995, the City Council adopted the Arts in Public Places Policy in order to formalize and
• encourage the donatiokr of pieces of art for placement at City facilities. San Miguel Artist John
D. Olt submitted the first application to place art at a City facility since the adoption of the Arts
in Public Places Policy.
On Thursday, February 19,the Parks and Recreation Commission appointed twelve (12)
applicants to the Atas�!adero Arts in Public Places Committee. A list of the appointees is
attached. The Commission also selected five (5)of the Public Arts Committee members to
review an application(submitted by John D. Olt to place a sculpture "A Show of Hands" in the
Charles Paddock Zoo.; The Commission also selected Parks and Recreation Commissioner Dan
Davis to direct the rev iew panel.
The Public Afts Committee review panel for the John Olt sculpture met on Thursday, March 4,
1998 and unanimously approved the following recommendation:
The Public Arts Como!littee recommends acceptance of the "A Show of Hands" for placement in
the identified location)within the Charles Paddock Zoo. The Public Arts Committee also
recommends that the City prepare an agreement with the artist that will allow the City to relocate
the sculpture in the event that the Zoo Master Plan or the Zoo Curator identifies a more
appropriate place for the sculpture. In addition,the Public Arts Committee recommends that the
City include within thle agreement, a provision for long-term maintenance of"A Show of Hands"
and a provision to remove the piece in the event that the sculpture is damaged.
is
On Thursday, March 9, 1998, the Parks and Recreation Commission unanimously approved the
Public Arts Committ4pe after Claudia Collier, Zoo Curator met with the artist and successfully
determined a suitable�ocation for the donated sculpture, "A Show of Hands."
9000,56
ITEM NUMBER: C - 2
DATE: 05/12/98
FISCAL IMPACT:
There will be no financial impacts on the above recommended actions.
I
ALTERNATIVES:
The City may deny the request to place the piece, eliminating any potential liability or additional
maintenance arising out of the acceptance of the sculpture.
RESPONSIBLE DEPARTMENT:
Community Services Department
ATTACHMENTS:
Public Arts Committee Roster •
Arts in Public Places Policy
Mr. John D. Olt's application
•
00005'7
CITY OF ATASCADERO
PUBLIC ARTS COMMITTEE
FRANCES ALRICH REY HERNANDEZ JR
5790 San Pedro Avenue P O Box 2466
Atascadero CA 93422 Paso Robles CA 93446
461-1074 237-7908
GEORGE ASDEL URSULA LUNA
8355 San Francisco'Avenue 10600 San Marcos Road
Atascadero CA 93422 Atascadero CA 93422
466-0464 466-2946
SUSAN J BEATIC JOE RAMIREZ
10025 El Camino Real Unit 8 6205 Santa Ynez
Atascadero, CA 93422 Atascadero CA 93422
466-5389 466-3895
JULIE DUNN RITA ROBINSON
9150 Carmelita Avenue 6255 Lomitas Road
Atascadero CA 93422 Atascadero CA 93.422
462-0969 462-1887
JOY GREENBERG LINDA WARGO
11655 Cenegal Road 4860 Seperado Avenue
Atascadero CA 93422 Atascadero CA 93422
461-9434-- 466-9129
LINDSAY HAMILTON
8402 Alta Vista Avenue
Atascadero CA 93422
461-9268
4/29/98
1)00058
CITY OF ATASMERO
COMMUNITY SERVICES DEPARTMENT
r
POLICY ON THE NAMING OF PUBLIC BUILDINGS, PARKS,
AND OTHER PUBLIC FACILITIES
I . PURPOSE
To establish a uniform policy for naming public buildings,
parks and other facilities.
II . POLICY
A. Public buildings will be named by their function. For
instance, a city hall will be called a city hall, and a
recreation building will be called a recreation
building.
B. Public facilities will be named by their location in- the
City, either by proximity to a geographical feature,
location in an identified area in the City (such as a
street, neighborhood, subdivision, etc. ) .
C. The name of a park or recreation facility should, if
possible, have geographic, botanical, zoological,
agricultural, or historical significance generally
recognized and known through the City or local area.
D. A public building, park, or other city facility should
not be named after a person, unless one or more of the
following exceptions apply:
1 . The facility was acquired by means of a substantial
gift or donation of funds by an individual; family
or corporation. Consent of the donor to naming the
facility will be required.
2 . The individual made :a substantial contribution in
terms of volunteer services providing a -broad
public benefit to the residents of the City of
Atascadero.
3.. The individual has been deceased for more than two
years and, in the opinion of the Parks and
Recreation Commission and City Council, the
person's contribution to the aspect of the City,
which the facility represents, was of such value to
the City that the person's memory should be honored
by the naming of the facility.
" 00059
4. The facility can be named after a government fund
or grant if the circumstances are deemed
appropriate by the Parks and Recreation Commission
and the City Council.
E. In addition to the naming of public facilities by using
the criteria established above, the City can provide for
the recognition of individuals, either deceased or
living, by the placement of memorial objects (symbols) ;
such ',as, living trees, public benches, rocks, memorial
flagpoles, sculptures, etc. , in public facilities. The
placement and identification of these ' recognition
symbols will be at the discretion of the Parks and
Recreation Commission and the City Council on a case-by-
case basis.
C:\PRCOM\NAMINGPOL
November 1, 1995
OVO(;O
6270 Hawk Ridge Place
San Miguel, CA 93451
. (805) :467_3901
January ..15, 1998.
Mr. Brady Cherry
Director of Community Services
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. Cherry,
Enclosed is my. Art in Public Places Program Proposal application.
It is my intent to donate my sculpture, "A Show of Hands" to the
City of Atascadero at the Charles Paddock Zoo. This piece was
created with the Zoo in mind. "A Show of Hands" is 24" high,
16" wide, and 12" deep and is carved .from California native hard
stone.
I propose a pedestal be built on top of a concrete foundation
which is 18" x 18" x 4" thick, reenforced with i" Rebar, and flush
with the ground. The pedestal would be built with standard concrete
blocks, two at a time, to a height of. 3211, not including the mortar
in between. The .top would be a 16" x 16" x 2" patio block drilled
in the center to receive a " pin for reenforcement for the % sculpture.
I will do all the work and pay all costs of the pedestal. All work
would be completed at the convenience of the Zoo.
I would appreciate the return of the photos for my records.
i cerely,
J hn D. Olt, Sculptor
..:
ART IN PUBLIC PLACES PROGRAM
PROPOSAL APPLICATION
PROJECT NAME_ ZOO 5 C ec.Cc Y�
PROJECT LOCATION/ADDRESS [,���/.�,� Q �oC„ •ZOO
DEVELOPER- WORK PHONE
PROPERTY OWNER WORK PHONE
ARTIST jof 1"/7
ADDRESS At2GUk �ld d
CITY/STATE �O A,/ UeC ZIP .>> S� PHONE 7l0 7-S901
TITLE OF ARTWORK h .�`'JOGt) OLS�G15
MEDIA A411!/e el-G'h- ri7 i2 hcL d ::5yqe
DESCRIPTION OF ARTWORK
APPROXIMATE WEIGHT v�D� L,f�S. DEVIENSIONS�`l.�'� G(l Ilo I�./,?
APPROXIMATE COST 110176
LOCATION OF IDENTIFICATION PLAQUE
DESCRIPTION OF FOUNDATION 4 28 a&del)e�z cletz�er
DATE OF INSTALLATION'
SITE LO CATION - e e', LL LI ZQ&AZe2f'
DISTANCE BETWEEN PUBLIC STREET&ARTWORK &&M-//4 ZOO /'OGf" -
LANDSCAPE PLANS
SPECIAL PROBLEMS
DEDICATION PLANS
dbTTACH ARTIST'S BACKGROUND INFORMATION AND AN ARTIST'S RENDERING DEPICTING SEVERAL
WS OF THE ARTWORK AS'jLOCATED ON THE SITE PLAN,INCLUDING THE SURROUNDING BUILDING AND
JRADE ELEVATIONS AND BUILDING FACADES. ALSO INCLUDE ONE OR MORE OF THE FOLLOWING
FORMATS:
---1. 8"X 10"PHOTOGRAPHS OR 35MM SLIDES DEPICTING SEVERAL VIEWS OF THE ARTWgbbo.,,
2. A MODEL OF THE ARTWORK.
3_ A r.RAPATr nR ARTNT TT.T.TT�TRATTnN T)FPT'TTNr.CF.VF.RAT.ViF.WC nF THF ARTWnRTC
JOHN D. OLT
6270 Hawk Ridge Place
San Miguel, CA 93451
RE'SU"•?E
:,DUCATION:
1953 - BFA, Dayton Art Institute, Dayton, OH
1954 - Apprentice to sculptor Robert Koepnick, Dayton, CH
1955 - Apprentice to sculptor Amos Massolini, . bronze foundry,
Antioch College, Yellow Springs, - OH
PUBLIC WORKS
7 - Carved marble piece, permanent collection, Dayton Art
Institute Museum, Dayton, OH
1997 - Bronze .piece, Kettering Hospital, Dayton, OH
1997 - Bronze piece, Kettering 'Home, Dayton, CH
1995 - Bronze plaque of Paderewski, Paso Robles Public . Library,
Paso Robles , CA
1979 - 48' x 8' wood relief, Orthopedic Hospital, Los Angeles, CA
1955 - 2 large stone figures, West Milton High School, CH
1954 - Kettering Fountain, Kettering Park, Dayton, OH
To be installed: Limestone carving, Charles Paddock Zoo, Atascadero
PRIVATE COLLECTIONS:
Dayton, Cincinnati, Toledo, OH
Detroit, MI
New York City and Scarsdale, NY
Atlanta, GA
Los Angeles, Beverly Hills, Sierra?Madre, Palm Desert, CA
Paris , France; Hannover, Germany; . Bristol, England
Cal Poly Professor Dr. Bernard Troy, San Luis Obispo, CA
Mr. Arne Nybak, Curator, San Luis Obispo Art Center, CA
Attorney Robert Saperstein, Santa Barbara, CA
Painter Robert Schaar, Laguna Beach, CA
EXHIBI TI Ori S:
997 - One person juried show,. Dayton Visual Arts. Center,
Dayton, OH
1997 - Group juried show, Charles Paddock Zoo, Atascadero, CA
. 1996 - Juried show, Agora Gallery, Soho, New York
1995 - Juried show, The Art Center, Ft. Walton Beach, FL
1988 - Group show, Ventures Gallery, Santa Fe & Taos , nM
1987 - Group show, Magadini Gallery, Scottsdale , AZ
1966- One person invitational show, Prys •Gallery, Los Olivos, CA
1985 One person invitational show, San 1•uis Obispo Art Center, CA
1965 - Two person invitational show, Ramon Lopez Gallery, Sierra
Madre, CA
1954-1959 ,,,ilmington College, Dayton Art-Institute, Cincinnati. Art
Museum, International Sculpture Show-Philadelphia, Detroit
Art Museum, New York Gallery Show, Wilmington -Art Zuseum-
1•rilmington, OH
CURRENT GALLERY AFFILIATIONS:
Schaar Gallery, Laguna Beach, CA
Van Gogh's Ear, Cambria, CA
Lawrence Gallery, Sheridan, . OR
' 00.003
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_ �--
ITEM NUMBER: C - 3
DATE: 05/12/98
n
101 979i
• .
City Manager'sg' 1�Agenda Report
Wade G. McKinney
Request to Na�" gl a the Atascadero Skate Park in Honor of George Beatie
RECOMMENDATION:
Approve Resolution No. 1998-021, naming the Skate Park the Atascadero/George Beatie Skate
Park.
DISCUSSION:
On Thursday, April 16), Parks and Recreation Commission voted to recommend approval to the
City Council of a request by the Atascadero Recreation Center Committee and the Community
• Services Department o name the recently built Skate Park in honor of George Beatie.
George Beatie was instrumental in the development of the Skate Park. He spent countless hours
researching insuranceissues and laws related to Skateboarding. He helped organize both skaters
and their parents in an' effort to raise funds for the Skate Park. George Beatie almost single-
handedly shepherded the Skate Park through the political process until formal approval. In
addition, George hasontinued to support the Skate Park and has remained an advocate for
Atascadero skaters. Simply put, the Atascadero Skate Park may not have been built without
George Beatie.
In addition_ to his involvement in the Skate Park, George Beatie has demonstrated a lifetime of
volunteer commitment to Atascadero. He has been a very active Parks and Recreation
Commissioner, conduIbted the Atascadero Community Band and presided over the Zoological
Society. George has been active in the Atascadero Recreation Center Committee and has been
one of the driving fomes behind the R.E.C. teen program. George Beatie's efforts to make
Atascadero a better place are deserving of lasting recognition. Naming of the Skate Park after
George seems an appropriate way to recognize his service to his community.
The naming request by the Atascadero Recreation Center Committee meets the criteria
established in the City's Facility Naming Policy,previously adopted by the City Council. The
. Policy allows for the flaming of public facilities at the discretion of the Parks and Recreation
Commission with appioval of the City Council when the individual has made a substantial
contribution in terms pf volunteer services, as required in section D.2 of the City's Facility
Naming policy. A copy of the City's Policy on the Naming of Public Buildings, Parks, and other
Facilities is enclosed.
1)000 ;5
ITEM NUMBER: C - 3
DATE: 05/12/98
FINANCIAL IMPACTS: None.
RESPONSIBLE DEPARTMENT:
Community Services Department
ATTACHMENTS:
City's Policy on the Naming of Public Buildings, Parks, and other Facilities
Resolution No. 1998-021
�)000f;r;
CITY OF ATASCADERO
COMMUNITY SERVICES DEPARTMENT
POLICE' ON THE NAMING OF PUBLIC BUILDINGS,' PARKS,
AND OTHER PUBLIC FACILITIES
I PURPOSE
To establish a uniform policy for naming public buildings,
parks and ';other facilities.
II . POLICY
A. Public buildings will be named by their function. For
instance, a city hall will be called a city hall, and a
recreation building will be called a recreation
building.
B. Public facilities will be named by their location in the
City,', either by proximity to a geographical feature,
location in an identified area in the City (such as a
street, neighborhood, subdivision, etc. ) .
C. The name of a park or recreation facility should, if
possible, have geographic, botanical, zoological,
agricultural, or historical significance generally
recognized and known through the City or local area.
D. A public building, park, or other city facility should
not be named after a person, unless one or more of the
following exceptions apply:
1 . The facility was acquired by means of a substantial
,gift or donation of funds by an individual, family
or corporation. Consent of the donor to naming the
facility will be required.
2 . The individual made a substantial contribution in
terms of volunteer services providing a - broad
public benefit to the residents of the City of
Atascadero.
3. The individual has been deceased for more than two
years and, in the opinion of the Parks and
;Recreation Commission and City Council, the
person' s contribution to the aspect of the City,
which the facility represents, was of such value to
the City that the person' s memory should be honored
by the naming of the facility.
4 . The facility can be named after a government fund
or grant if the circumstances are deemed
appropriate by the Parks and Recreation Commission
and the City Council.
E. In addition to the naming .of public facilities by using
the criteria established above, the City, can .provide for
the recognition of individuals, either deceased or
living, by the placement of memorial objects (symbols) ;
such as, living trees, public benches, rocks, memorial
flagpoles, sculptures, etc. , in public facilities. The
placement and identification of these recognition
symbols will be at the discretion of the Parks and
Recreation Commission and the City Council on a case-by-
case basis.
C:\PRCOM\NAMINGPOL
November 11 1995
1®®068
Y
RESOLUTION NO. 1998-021
RESOLUTION OF THE CITY COUNCIL
OJF THE CITY OF ATASCADERO, CALIFORNIA,
NAMING THE SKATE PARK,
THE ATASCADERO/GEORGE BEATIE SKATE PARK
IN HONOR OF ATASCADERO RESIDENT, GEORGE BEATIE
WHEREAS, George Beatie has been a resident of Atascadero for twenty-two
years and has volunteered countless hours for many community services projects and
organizations, and;
WHEREAS, George Beatie has demonstrated his commitment to Atascadero as
Parks and Recreation Commissioner, Community Band Conductor, Zoological Society
President, and Recreation Center Committee Board member and;
WHEREAS, George Beatie was the main driving force behind the development of
the Skate Park, and;
NOW, THEREFORE be it resolved, that the Atascadero City Council hereby
adopt the name of Atascadero/George Beatie Skate Park, in recognition for his selfless
service to Atascadero.
PASSED AND ADOPTED at the regular meeting of the City Council of the City
of Atascadero, held on the 12th day of May, 1998.
ATTEST: CITY OF ATASCADERO, CALIFORNIA
By
Marcia Torgerson� City Clerk Harold L Carden, III, Mayor
W0069
ITEM NUMBER: C - 4
DATE: 05/12/98
■IAA A,®
tail 1-97-9
CAI
City Manager Is Agenda Report
Wade G. McKin'pey
Fiscal Impact Model
RECOMMENDAtION:
Staff recommends that Council authorize the City Manager to accept offer of Midland Pacific
Building Corporation t:o finance a repair/update the City's Fiscal Impact Model.
DISCUSSION:
A Draft Environmental Impact Report (EIR) has been prepared for the Lakes Project, a proposal
to create 122 residential lots, a 2.9-acre commercial lot and approximately 50 acres of open space
at 3900 Traffic Way (Davis Ranch). The purpose of the EIR is to disclose what effects the Lakes
Project might have on,the environment and identify project alternatives and mitigation measures
available to avoid or educe those effects to acceptable levels. This information that will come
from the EIR process is essential for the City's review of the Lakes Project.
A fiscal study to determine the fiscal effects such a project could have on the City is also an
essential component of the City's review. In 1991, the City acquired a computer program called
the "fiscal impact model." The fiscal impact model is used to present information to decision-
makers as to how the City's general fund might be effected by the projects that were being
proposed. The model;tracks a project's fiscal effect over time and produces graphs that showed
general fund revenues (fees and taxes) and costs (providing service) in a format that made that
information easily accessible to interested parties.
Since the fiscal impact model was acquired in 1991, there have been software changes in City
Hall that make it impossible to run the fiscal impact model. Even,if it were possible to run the
model, the basic assumptions built into the model are outdated to the extent that such modeling
would be of little valine today. The applicant for the Lakes project, Midland Pacific Building
Corporation, was preg,ented with this problem and soon discovered that there were two options
available. One option is very similar to the EIR process. The City would select a consultant to
conduct a fiscal stud at the applicant's expense. The other option would be for the City to
repair and update the existing fiscal impact model and resurrect the software necessary to run it.
The firm that wrote the fiscal impact model originally has indicated a willingness to complete lete the
update and the applicant has agreed to the preliminary cost estimates. According to a
representative of that Firm, once the model and software are updated it would be possible for staff
'1000`10
ITEM NUMBER: C - 4
DATE: 05/12/98
to update the model annually without the need for outside services. An updated model would ,
satisfy the current need for fiscal information on the Lakes Project, and would be useful to the
City for future projects.
FISCAL IMPACT:
Updating the fiscal impact model as recommended would save the City approximately
$2,000.00.
ALTERNATIVE:
The City Council could not accept the offer by Midland Pacific to repair and update the model.
Midland Pacific would still be required to conduct a fiscal study. This alternative would mean
the City's model would continue to be unavailable for use.
RESPONSIBLE DEPARTMENT: Community Development Department
,)000'71
ITEM NUMBER:
C - 5
DATE: 05/12/98
R MA Rimn
1 8 ! 19 9
City Mana er's Agenda Report
Wade G. Mc Ki ey
Initiation of Redevelopment Agency
RECOMMENDATION:
Staff recommends: C�ty Council receive and file report. Direct Staff to complete establishment
of the Community Redevelopment Agency and set Tuesday May 26, 1998 as the date for the
Community Redevelopment Agency Board of Directors meeting.
DISCUSSION:
Back round: The Community Redevelopment Agency of the City of Atascadero the
"Agency") was created in 1986 (Ordinance 130), pursuant to the California Health & Safety
Code. The use of redevelopment authority has been discussed numerous times by the City
Council. Most recently as part of the 1998 Strategic Planning session, the Council requested that
staff initiate the estabishment of the redevelopment authority. This report provides an update of
the activities that have taken place and actions that will be required to activate the Agency.
Analysis:
Formation of Agen4
Under California Community redevelopment Law, the Agency is a public corporate body that
must be incorporated prior to proceeding with the formation of a redevelopment project. The
City has met the initial requirements of declaring the need for the agency and establishing the
Agency by Ordinance. In order to complete the establishment of the Agency, a number of
actions are necessary, including the adoption of by-laws, agency operating procedures, budget
and accounting system to track revenues and expenditures, appointment of officers, and selection
of legal counsel. All�y.
f these actions must be taken by the City Council, acting as the Board of
Directors of the Agen, As a public body, the Agency operates in the same manner and fashion
as the City Council and must adhere to state meeting requirements, including the Brown Act, as
well as specific requireements found in the redevelopment law.
Creation of Redevelopment Project Area
Once the Agency is established and operational, they must adopt a redevelopment project area to
implement redevelopment activities in the community. A redevelopment project area is a
designated portion othe city that is blighted at the time the project is adopted. The City
completed a prelimin blight analysis in April of 1996. The preliminary analysis consisted of
'200072
ITEM NUMBER: C - 5
DATE: 05/12/98
327 parcels along the El Camino Real Corridor, Downtown and the Traffic Way Industrial Area.
The preliminary analysis made several recommendations, including
• Conducting a more thorough analysis of the blight characteristics in downtown, specifically
in the area of building code deficiencies, assessed valuations and comparison of lease rates
and crime statistics
• Increasing the area of analysis to ensure that it is large enough to generate sufficient tax
increment to support redevelopment activities.
• Have preliminary conversations with School and County officials regarding the designation
of the project area.
• Consultation with legal counsel knowledgeable in the provisions of redevelopment law to
help determine the area meets the legal definition of blight so if could be defended, if
challenged.
Based on the preliminary analysis, more work is needed to establish the boundaries of a
redevelopment project area. Procedurally, the Agency would be the lead in the establishment of
the redevelopment project area. The following actions are required in the creation of the project
area:
1. Designate a"survey area" and begin collecting blight documentation. (Agency)
2. Meet with County & School Districts to discuss scope of redevelopment project. (Agency)
3. Prepare Preliminary Redevelopment Plan that designates one or more project area(s).
(Agency & Planning Commission)
4. Review preliminary plan with taxing entities. (Agency& County/Districts)
5. Begin preparation of environmental review for redevelopment plan. (Agency)
6. Prepare Final Redevelopment Plan. (Agency & Planning Commission)
7. Prepare Agency Report to City Council, which contains Agency's justification for adoption
of the Redevelopment Plan. (Agency & City Council)
8. City Council receives Agency's Report and holds public hearings to consider Plan adoption
and adopts the Plan by ordinance. (City Council)
9. Prepare and adopt a 5-year implementation plan. (Agency)
Conclusion: As the report indicates, there are several actions that are required both to complete
the establishment of the Agency and the creation of the, redevelopment project area. It is
anticipated that the procedural establishment of the Agency can be completed within the next
month. The creation of the project, at a minimum, could be created in 8 months. Several actions
involved in the creation of the project area is established by redevelopment law, and the time
would be further impacted by whatever time constraints placed on staff, if the project is done in-
house, or by consultants, if it is contracted out.
FISCAL IMPACT: None.
f)000'73
ITEM NUMBER: C - 5
DATE: 05/12/98
ALTERNATIVE$:
Should the Council not desire to activate the Agency at this time, the alternative would be to
receive and file this report and take no further action.
RESPONSIBLE DEPARTMENT: Community Development
i
10007
ITEM NUMBER: C - 6
DATE: 05/12/98
■ r.6 �:® f 'ail
iais ® i9�e
CADS
City Manager's e� Agenda enda Re ort
ana g p
Wade G. McKinney
City Engineering Services Alternatives
RECOMMENDATIONS:
City Staff recommends that the City Council authorize the City Manager to recruit for a Public
Works Director/City Engineer position to begin work in the 1998-99 Fiscal Year.
DISCUSSION:
Background. The City has contracted with North Coast Engineering (NCE) for engineering
services since 1992.NCE provides a wider range of services than is typical for a contract City
Engineer because the City has no public works staff. While the Director of Community Services
oversees the public works functions,NCE essentially provides the majority of the administrative
and engineering duties. NCE also works through the Community Development Department on
plan check and inspection services. The relationship has generally worked well; City staff is
pleased with the quality of work. However, there has been some concern from the public and
staff regarding the cot of the service,the availability of someone to talk with and the timeliness
of work.
Analysis. City staff las been critically reviewing all areas of the operation evaluating service
levels, cost and customer service. There are several areas of concern in the public works area.
The Public Works Department was essentially eliminated when the City was faced with the
severe financial probl'iems of the early 1990's. Other City departments have been required to
assume the duties and!responsibilities. While this system has been generally effective, it is not
an efficient way to provide service to the community. City staff does not have the expertise to
effectively manage the contract. Staff believes much of the work done by the contractor could be
done more efficientlyr in-house at a reduced cost.
The average cost for NCE is $35,000 per month based upon actual invoices for a 20-month
period from 6/15/96 to 2/15/98. This includes approximately $145,000 annually from the
General Fund. In 1996-97 the City spent$91,662 for development review services rendered by
. NCE. During the safe time period Developers reimbursed$64,924 or 71% of these services.
Capital improvement project design, inspection and contract administration services performed
by NCE are funded through specific capital improvement project budgets which may be
composed of several funding sources such as development impact fees, grants, and other
dedicated funding sources.
7000'75
ITEM NUMBER: C - 6
DATE: 05/12/98
Community Services has absorbed the bulk of the public works responsibilities with the
Community Services Director providing engineering-related services including: investigate and
respond to citizen requests; investigate and respond to claims; oversee Street Maintenance and
Wastewater Divisions; and prepare the annual capital improvement budget. The Community
Services Director also provides day to day direction to the City Engineer(NCE). Recently these
responsibilities have required nearly a full time commitment, especially with the winter storms.
The Council has established customer service and community development areas requiring
special emphasis in their strategic plan. Staff's research indicates progress can be made on these
goals by bringing some engineering services in-house. A Public Works Director and/or City
Engineer on staff would provide more efficiencies, and better customer service at a reduced
price. Some engineering service will still need to be provided by contract.
Staff is recommending recreating a public works department. The department would assume
responsibilities for engineering services, project administration, Public Works Operations -
(including Streets Maintenance and Wastewater Operations) and oversee contracted engineering
services. The department would include Public Works Director/City Engineer position, a Public
Works Technician and the employees assigned to the current streets and wastewater departments.
An additional engineering position may be needed. The department would continue to be
supported by some contract engineering services.
•
Customer service to both the public and City staff will improve, as the public works department
will be more conveniently located. Routing time and hourly costs will be lessened. Costs to the
City for plan check services should be reduced, as the hourly rate is less for the in-house staff.
Depending upon the workload of a Public Works/City Engineer position, General Fund costs
should remain relatively constant for administrative engineering services. The existing
engineering funding sources would absorb all costs.
The Public Works Director/City Engineer total compensation is anticipated to in a range from
$6,470 to $8,093 per month. While staff believes the best solution is a combined
engineer/director position, many cities have a Public Works Director who is not the City
Engineer. Finding a qualified individual to perform both functions depends upon the current
candidate pool. If the City were unable to find a qualified applicant, staff would then recruit for
a Public Works Director and a separate engineer position. Funding for both positions would also
be absorbed by the existing engineering funding sources. The staff is seeking City Council
authorization to do this automatically if recruitment of a Public Works Director/City Engineer is
not successful. Total compensation for the Public Works Technician is anticipated to be
approximately $3,222 per month at top step.
The following table depicts total costs associated with the proposed Public Works Department.
The table includes an engineering assistant that is not proposed at this time. The position is
included to allow Council to compare costs even if additional staff were required. .
'1000'76.
ITEM NUMBER: C - 6
DATE: 05/12/98
iMonthly Annually
Personnel Costs(1) $16,275 $195,300
Public Works ,Director/City Engineer 8,093 97,116
Public Works Technician 3,222 38,667
Assistant Eng Meer(2) 4,960 59,521
Operating Costs 1,000 12,000
Total Costs 17,275 207,300
Current Costs 35,000 420,000
Funding from other sources(3) 6,950 83,400
Funds Remaining $24,675 $296,100
1. Assume top step salary.
2. Assistant Engineer is an option that is not planned at this time.
3. Funding from other sources includes wastewater and gas tax.
FISCAL IMPACT:
No additional funding is required. Hiring a Public Works Director/City Engineer is anticipated
to cost no more than $97,116 per year, total compensation(E Step). All funding would come
from existing engineering funding sources.
ALTERNATIVES:
No action. Continue to maintain existing services using a consultant. North Coast Engineering is
doing a competent jolt for the City in the absence of a Public Works Department. NCE has
expertise in a wide array of fields available to the City, however, costs will continue to be higher
than necessary and there will be no improvement to customer service.
Hire a City Engineer to report to the Community Services Director. The Community Services
Director would continue to provide direction for public works operations and engineering
services. This expands the role of an already overextended Community Services Director. This
scenario would improve customer service and lower costs.
RESPONSIBLE DEPARTMENT:
Community Services Department
000077
ITEM NUMBER: C - 7
■ '° °'' DATE:_ 05/12/98
iaia ® to s I'il
City Manager's Agenda Report
Wade G. McKiney
Information Bulletin
A. GENERAL PLAN AMENDMENT REQUESTS
The City of Atascadeio accepts applications for amendment of the General Plan and its various
Elements twice a yeah—on April 1 and October 1. Pursuant to a Council Resolution, the General
Plan Amendments are to be included on the Consent Calendar following the filing period.
However, this has caused confusion as it requires the Council to vote on the consent Calendar.
The Council directed that the information be included in this information bulletin. The following
General Plan amendment requests were received prior to the April 1, 1998 submittal deadline:
♦ GPA 98001
Location: Atascadero Ave. between San Gabriel and San Rafael Roads
Current GP Designation: Moderate Density Single Family
Proposed GP Designation: High Density Single Family
Applicant: Michael Baumberger
♦ GPA 98002
Location: 3900 Traffic Way
Current GP Designation: Suburban Single Family
Proposed GP Designation: Moderate Density Single Family
Applicant: Ann Shores
♦ GPA 98003
Location: - Traffic Way between Potrero and Chico Roads
Current GP Designation: Suburban Single Family
Proposed GP Designation: Industrial
Applicant: Dan Mackey
B. EMPLOYE>a UPDATE
Chris Pontius P/Time Site Director Hired 04/20/98
100078