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ATASCADERO CITY COUNCIL
MEETING _
TUESDAY,JULY 28, 1998
City of Atascadero
6500 Palma Avenue,4"' floor
Atascadero, California
CLOSED SESSION 6:30 P.M.:
1) Conference with labor negotiator(Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager/Mayor
Employee organizations: Department Heads, 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.
REGULAR SESSION, 7:00 P.M.:
. PLEDGE OF ALLEGIANCE: Mayor Carden
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 make a 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.)
A. Economic Vitality Corporation
B. Nacimiento Water Project
PRESENTATIONS:
A. Proclamation"National Night Out 1998"—August 4, 1998
COMMUNITY FORUM:
(This portion of the meeting is reserved for persons wanting to address the Council on any.
matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to
five 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 Councilor 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 opportunityfor any member of the public to address the Council
concerning the item before action is taken.)
1. City Council/Planning Commission Joint Workshop Minutes—March 31, 1998— (City
Clerk recommendation: Approve) [Marcia Torgerson]
2. City Council Minutes—July 14, 1998—(City Clerk recommendation:Approve) [Marcia
Tor gersonJ
3. Garcia Road Bridge Replacement Project—Consultant Services Agreement for design of
project—Fiscal Impact: City matching funds of$17,920 (Staff recommendation:
Council authorize the Mayor to execute a Consultant Services Agreement with John L.
Wallace Associates for design of the Garcia Road Bridge Replacement Project) [Brady
Cherry]
4. Garcia Road Bridge Replacement Project— Federal Aid Program-Fiscal Impact:
Potential revenue of$71,680 (Staff recommendation: Council authorize the Mayor to
execute Federal Aid Program Supplement No. 004-R I) [Brady Cherry]
5. Acceptance of Final Tentative Parcel Map No. 98004 (AT98-054)— 9990 El Camino
Real (Hawkins)Fiscal Impact: None (Staff recommendation: Council accept Final
Parcel Map No. 98004) [Paul Saldana]
6. Albertson's Alcohol Beverage License—Fiscal Impact: None (Staff recommendation:
Council find that approval of the application serves the public convenience) [Paul
Saldana]
7. Atascadero Lake Park Pavilion and Charles Paddock Zoo - Food Concessions
Agreement-Fiscal Impact: Revenue of$40,000 over a 3 year period (Staff
recommendation: Council authorize the Mayor to enter into a three year agreement with
Bill Rabenaldt of Lake Park Rentals for the Atascadero Lake park Pavilion and Charles
Paddock Zoo Food concessions Agreement) [Brady Cherry]
2
B. PUBLIC HEARINGS:
1. Hearin of Ob ections—regarding the placement of weed abatement charges on the 1998-
99 property t roll—Fiscal Impact: None (Staff recommendation: Council adopt
Resolution No. 1998-028 confirming the cost of weed abatement) [Mike McCain]
C. MANAGEMENT REPORTS:
1. Local Guidelines for the Implementation of CEQA—Fiscal Impact: None (Staff
recommendation: Adopt Resolution No. 1998-032, rescinding Resolution No. 1-86 and
approving revised Local Guidelines for the Implementation of the California
Environmenta Quality Act) [Paul Saldana]
2. Information Bulletin
D. COMMITTEE REPORTS
(Thefollowing represent standing committees. Informative status reports will be given,
as felt necessa y):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
2. Finance Committee
3. Water Commii tees
A. SLO County Flood Control & Water Conservation District Water Resources
Advisory Committee
B. Nacim ento Water Purveyors' Contract Technical Advisory Committee
C. North ounty Water Task Force
4. Integrated Waste Management Authority
5. North County Council
6. Air Pollution Control District
7. County Mayor's Round Table
8. Economic Vitality Corporation, Board of Directors
9. City/ Schools Committee
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasure
3
F. ADJOURNMENT:
THE COUNCIL WILL ADJOURN TO THE REDEVELOPMENT AGENCY MEETING
IMMEDIATELY FOLLOWING THIS MEETING.
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
WELCOME 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 Chamberof City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff repo ts or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 208)and in the Information Office(Room 103),
available for public inspection during City Hall business hours.
In compliance with the mericans with Disabilities Act, if you need special assistance to participate in
a City meeting or other services offered by this City,please contact the City Manager's Office, (805)
461-5010,or the City 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 hearings are itemized on the Agenda. The Mayor will identify the subject, announce
when the public hearing 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 any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address
• Make yourstatement
• All comments should be made to the Mayor and Council
• All comments 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, and 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 MMUNITY FORUM",the Mayor will call for anyone from the audience
having business with the Council to:
• Please approach the podium and be recognized
• Give your r ame and address
• State the nature of your business
This is the time items n t on the Agenda may be 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 ippear 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.
,
�■ an Rim i
i9ia ® is
City Manager's Agenda Report
Wade G. McKinney
Economic Vitality Corporation
RECOMMENDATION:
Staff recommends Council appoint Board Member and Alternate to Economic Vitality
Corporation.
DISCUSSION:
Attached is a request rom the Economic Vitality Corporation for the City to appoint a Board
• Member and Altemat . Currently, Ray Johnson is the Atascadero Board Member and he has
gained a position on t ie Executive Committee. Hal Carden is currently the alternate.
FISCAL IMPAC None.
RESPONSIBLEDEPARTMENT: City Manager's Office
Letter from EVC dated Jul
ATTACHMENTS: y 8, 1998
000001
gF
8A IVED
AM SAW$ 51998
Economic vitality Corporation ITY MANAGER
of San Luis Obispo County July 8, 1998
Wade McKinney
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. McKinney,
The Economic Vitality Corporation Board of Director's respectfully request tnat`the'City of
Atascadero reappoint a council member, and an alternate, to serve a one-year term on the EVC
Board of Directors. The EVC Board of Directors annually reappoints one elected official from
each incorporated city and one county supervisor.
The fiscal year and term of office commences July 1, 1998 through June 30, 1999. Please
calendar this request at your earliest convenience. The next EVC Board meeting is scheduled for
Wednesday, July 22, 1998.
Sincerely,
r
Gregg win
•
FOUNDING SPONSORS:
City of Atascadero-County of San Luis Obispo-GST/Call America-Mid-State Bank-Pacific Gas&Electric Company-Seagate Software
P.O. Box 5257•San Luis Obispo■California 93403 ■ Phone: 805-782-9156•Fax: 805-781-6193
000002
CI* tY of At
From the Office of the City Manager
Date: 07/21/98
To: Councilmem ers
From: Wade G. McKinney, City Manager
Subject: Nacimi nto Water Project
Attached is a draft letter to the Paso Robles City Council as directed by Council. Paso
Robles on their own decision are again reviewing their action with regards to the
Nacimiento Water Project at their meeting of July 21, 1998. Attached is the staff report
given to the Paso kobles Council.
000003
CITY OF ATASCADERO
1918 19
CA►D1 - ADMINISTRATIVE OFFICES
July 20, 1998 ,
Mayor Duane Picanco
City of Paso Robles
1000 Spring St.
Paso Robles, CA 93446
Dear Mayor Picanco:
On behalf of the City Council, I wanted to take this opportunity to request your City's
reconsideration of your position on the revised Environmental Impact Report for the Nacimiento
Water project.
Your City has been a leader in ensuring that environmental review has adequately addressed all
of the issues that this project may impact, and certainly has been noted for its position when it
comes to future water supplies in the North County.
We would request your reconsideration of paying the additional share of the EIR costs for this
important project.
Very truly yours,
Harold L. Carden, III
Mayor
HLC:mmt
000004
6500,PALMA AVENUE . ATASCADERO, CA 93422
City Counc)1:(805)461-5086 City Manager:(805)461-5010 City CWk:(905)461-5074 City Attorney:(805)461-5010 City Fax:(805)461.0606
DATE: -7 AW IN AGENDA ITEM#
()APPROVED ()DENIED
()CONY'MED TO
TO: JAMES L.APP,CITY MANAGER _
FROM: JOIRi R.McCARTHY,DIREC'T'OR.OF PUBLIC W
SUBJECT: NAO MIENTO WATER PROJECT—COST OF VISED D EIR
DATE: JUL 21, 1998
Needs: For the City Council to clarify the City's position regarding ongoing Nacimiento
Water Project supplemental EIR analysis.
Facts: 1. The City Council considered the additional cost of the Nacimieuto Project
EIR process at the July 7, 1998,meeting,
2. The Council declined participation in the ,additional EIR costs but
indicated a commitment to continue consideration of the Nadmiento
Project and other water projects.
3. The Council declined participation as they determined the lead agency had
not adequately addressed public input and the consultant bad not
sufficiently analyzed project options and issues.
4. From their determination, the Council concluded that the supplemental
EIR costa were attributable to an incomplete effort.
5. The Council could not justify additional expenditures to rectify an
incomplete effort.
6. The increased cost associated with the revisions to the draft EIR is
$396,262. Paso Robles share of this cost based upon its level of
participation in the Project and assuming all current participants remain is
$103,402.
An*s
and
Conclusion: Theditional work involved in revising the Draft ETR includes an off-road
all alternative, preparation of revised project description, engineering
cervi , environmental work, update of the lake operations model, additional
cotltr administration and project coordination.
The City Council expressed their concern over the costs to revise the project EIR
for alternatives ghat should already have been evaluated Costs from County of
San Luis Obispo and Boyle Engineering amount to$198,850. This is fifty percent
(50%)of the total estimated cost.
000005
Policy -
Reference: Nose.
Fiscal
Impact Based upon current participation in the Project, the cost to the City will be
$103,402 fora Water Fund Reserves.
Options: A. For the City Council to authorize the mayor to respond to the County of
San Luis Obispo expressing the concerns that the proposed expenditures
are for evaluation of altematives that should have been addressed in the
initial environmental analysis, and request the Count)r re-cvaluate and
substantially reduce the costs.
B. Amend,modify,or reject the above options. • :s i
Attachments: (2)
1) Boyle Engineering Jame 22,1998,letter
2) Draft Amen No. l to Participation Apummt
C:11bW4genndsl0721-9MNacwater
UUU006
E3n5+LF El7C!/7e: �►nh eon�r�r�w-�r�r'7►
Suite C
973 Higuera Street 8051542.9840
San Luis Obispo, CA 3401 FAX 805/542-9990
John McCarthy June 22, 1998
City of El Paso de Robles
1000 Spring Street
Paso Robles,CA 93446
Nacimi nto Water Sum&Pro'ect-Revised Participation Agrgement
Dear John:
At the close of the Fe nrary 1998 public comment period on the Draft EIR,it was'evident that
public input called fo several material changes to the project description. For example,itis `
clear that an off-road flignment alternative to the Lake Nacimiento Road fright of way should be
examined. Othei corr merits dealing with updating the lake level impact information,with:they"
location of pump stations and other facilities proved to be constructive suggestions for how to*,
make this a better public works project.
As a result,a Revised Draft EIR is proposed to address these material changes.
County staff,the NPAC Executive Committee,and the consultant team have bebn working to
define the approach to preparing a Revised Draft EIR. Some additional engineering is needed,as
well as extended staff time and project management,to support the preparation of the Revised
Draft EIR.
Copies of the proposed consultant contract amendments are available from me or from Paul
Donnelly(781-4473)_ In summary,the additional costs associated with preparation of the
Revised Draft EER are:
Team Member Services Description Additional lrsL
Cost
Carollo Engineers Additional engineering services $16,000
and preparation of revised Project
Description
Ogden Environmental Additional environmental impact $145,399
assessment and preparation of
Revised Draft EIR
Boyle Engin ering Corp. Extended project management $81,650
services,update of the lake
operations model,and participate
in response to comments
000007
Page 2 June 22, 1998
(cont'd)
County Engineering Dept. Extended consultant contract $94,400
administration and other project
coordination
County Planning and Extended oversight of Revised 1 $22,900
Building Dept. Draft EIR preparation and
(Environmental Coord.) consultant contract manaSement
SUBTOTAL- $360,238
CONTINGENCY(l0%) $36,023.$0
TOTAL ADDITIONAL COST= $3969261.80
This additional cost exceeds the NPAC authorizntion dated February 1995. In order to move
forward with the environmental review process,the San Luis Obispo Flood Confirm and Water
Conservation District seeks to amend their participation Agreement with yoW,agqMy,.t,,AtWAqd .,.
isAmendmcntNo. 1 to that Agreement. ;,M1r�,.�. :J'�.w{. •ir;eipK
• •i •P' V '
Please review the attached Amendment and call me if you have any questions. Note,that the
final distribution of shared costs will depend on the level of participation in the Revised Draft
EIR' We ask that you proceed with executing the Amendment and return the signed
document to me by August 3,1998 or sooner. We will then take the Amendments along with
the consultant contract amendments to the Board of Supervisors far their approval.
If your agency elects not to execute this Amendment,please notify the San Luis Obispo County
Flood Control Water Conservation District,in writing,of your intentions. You will be officially
excluded from the Revised Draft EIR evaluation and dropped from consideration in this Project.
On behalf of the NPAC Executive Committee,I would like to communicate their support for
proceeding with the Revised Draft EIR and their continued support of this important ,
supplemental water project. "
Boyle,engineering Corporation
Christine M.Ferrara,PE
Project Manager
Enclosure: Amendment No. 1 to Participation Agreement
cc: Paul Donnelly
Nancy Rottman
' A supplemental table is included showing cost distribution to the four primary agencies only.
VTs30-3oo.o1/bc1PARTLTR.o0c 000008
AMENDMENT No. I f�1t
TO THEr.
NACIMIENTO PROJECT :Yt�
ENGINEERING FEASIBILITY REPORT AND ' 4r
ENVIRONMENTAL IMPACT REPORT
PARTICIPATION AGREEMENT
This AMENDMENT No. 1 executed this day of 1998,-to the
AGREEMENT made by and between the San Luis Obispo County Flood Control and Water
Conservation District ("District") and
("Agency") at San Luis Obispo, California on February 28,
1995.
WITNESSETH:
WHEREAS, District has had prepared and circulated a Draft Environmental Impact
Report CDEIRI for the Nacimiento Water Supply Project("PROJECT') in accordance with
the AGREEMENT and has received comments thereto;and
WHEREAS,District and Agency desire to revise and recirculate said DEIR based
upon those comments received; and
WHEREAS, doing so, causes expenditures to exceed the maximum amounts both
stated and tabulatec within the AGREEMENT;
NOW, THE FORE, in consideration of the mutual promises contained herein,
District and Agency 3gree to amend the AGREEMENT as follows:
Article 7 is hereby a ended by adding the following:
Q The Agency agrees to pay to District, the Agency's proportional
share of all reasonable costs and expenses associated with the revised and
recirculated DEIR incurred by the District under this Agreement, including District
staff time and overhead, and charges billed by the District's consultants (Boyle
Engineering Corporation, John Carollo Engineers and Ogden Environmental and
Energy Service ) for the District's Revised Fe2sibil4/EIR Reports (estimated at
an additional $ 60,238.00 plus a 10% contingency of $36,023.80 for a total of
000009
$396,261.80). Agency's proportional share is: Agency's requested annual
allocation of PROJECT water divided by the total requested annual allocation of
PROJECT water by all participating /Agencies, as listed in Exhibit B attached
hereto, muitiplied by the estimated additional cost as shown in said Exhibit B.
V e.
-. Z, �.
000010
IN WITNESSED WHEREOF,this AGREEMENT is hereby amended by the parties hereto,
upon the date writterl above.
SAN LUIS OBISPO OUNTY FLOOD CONTROL
AND WATER CON SERVATION DISTRICT;
Chairman of the Board of Supervisors
of the County of Sari Luis Obispo
d� r
ATTEST: ,���
FJL
0 It
County Clerk and -officio Clerk
of the Board of Sup rvisors of
the County of San L ils Obispo
Deputy Clerk
By:
Date
By:
Date
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHO M. JR.
County Counsel
By:
Deputy County Counsel
Dated:
000011
EXHIBIT 8
NACIMIENTO PARTICIPATION AGREEMENT
ESTIMATE OF COSTS TO PARTICIPATE IN
REVISED ENGINEERING FEASIBILITY REPORT AND ENVIRONMENTAL IMPACT REPORT
(REVISED FEASIBIUTYfE1R REPORTS)
Agency I Tota
Agency Agency Agency Agency Share Share of ! Contract
Amount Share of of Overhead/ Revised ! Cost
AFY Feasibility/ Contingencies Feasibility! I S
EIR Reports ay 20%max. EIR Re orfs
1. Ahmra de Chorro Mutual Water Co. 0 2,074.241 414.72 0.00 2.488.9fi•
2. Atascadero Mutual Water Company 3000 194,460.00 38,680.00 77,551.40 310 891.40
3. Cal CitieslLos Osos 300 19,446.00 I 3.888.00 7155.14 I 31089.14
4. Cal CWes/Edna Valley 50 3,241.00 648.001 129252 5.181.52
5.
Cdy of E1 Paso de Rabies 4000 259.280-00,1 51,640.00 103A01.86 414,621.86'
6. CV of Sart Luis Obispo 3380 219.091.60 43,804.80 87,374.58 350
j.270.98:
7• County Service Area No.9A Los Osos 300 19,446.00 3,888.00 7,755.14 31,089.14
8. County Service Area No.i OA Ca uoos 80 5,185.60 1,036.80 2,0G8.04 6,290x44
S. CSA Na.22 Property Owners 890 57,689.80 11,534.40 23.006.92: . i'';,92 291.12
10. East ftort Mutual Water Comp 01 1,036.60 0.00 ` ' C,=40
11. Edna Vallex Mutual Water Co an 955 61,903.10 12,376.80 24,687.20 88 967.10
4
12 Fiero Lane Water an 100 6,482.00, 1,296.00 585.04 10,393.04-
13.
0 393.0413. Morro Rode Mutual Water Company 44 2.852.08 570.241 1,137.42 4 559.7
I
14 Paso Robles Beach Water Association0 1,944.601 388.801 0.00' 2.333.4
15. San Luis Coestal lkrified School Disbict 55 3,565.10 712.601 11421.76 51699.68•;
16. Santa MaEgaft Ranch Mutual Water Co. 600 38,892.00 7776.00 15 510.28 178.28
i
17. Templeton Community Services Distiic t 1475 95,609.50 19,116.00 38129.44 15 654.84 t
18. Waterworks Dist No.S/Santa Margarita 100 6,482.001 1.296.00 2.585.041 10 383.114
19.San Luis Obispo County Flood Control 47,169.781 9495.84 0.00 56,665:62:
Total 15,329 1.050,000-00 210 000.00 396 i.80 1 656 61.801
Agency has submitted written notification officially withdrawing from further participation in Project
1 Al
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4PAGEXH.WK4 06/17/98
- 000012
SAN LUIS OBISPO COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Naci ento Water Su lyPrro ject
Distribution of Extra Costs For Revised Draft EiR
4 Primary Agencies Participating Only
Share of
Agency Amount Percents es $396 6'1.80
1 Afuero De Chorro Mutual Water Co. AFY
0.000%.•.i•-S �:'°;.. �< y, ,IwrH r-:.<..:>.a••>... ��r�:��:w• ��. i• %•„•: •_ .w:w:... ..�.�.. „� /0
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5 Citi of Paso Robles 4,000 AFY 33.741% $133,702.84
1.
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7 unly Service Area No..9-Los Osos 0 AFY 0.000% $0.00�
p<4n t. ......
..... a r +� .�.X:e....;,�..X. •«M••ew%wr�/gn%eexaX.O:gNo.:>'.n-.,3•'z'i �^'+AY47R✓'..' •�'>«o+`da��e•'.j«p:$..,.a,i0�•�•s•.es:.}:;wA.Pyy/i.ve?�JZT.�.�n:� •.'�.T>.:e$.L.�.5;� �<.'K«v�`'h1.'r:..','wtS]d:xfij�^.>•♦•.7'•, ...r♦o�•�]SY.r+.r��.r."a' 1;_
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9 Counfy Service Area No. 22-SLO Airport 0 AFY_ 01000% $0.00 ,
I:•::. s>>r<3�� .�, .. � ,.e '• r,�ly'< !.lSy�•.c!v>°�•�0+'�,�j��;:. ��A i,'�....��;•#li�Sk :7r yX .r :r �!�
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11 Edna Vly. Mutual Water Co. 0 AFY 0.000% $0.00
: <�a��V. ' ' ' , � y„ .ilN•�'v:�%n •Cv M'•� '"9v�f''A.`Y �y � ..t•tIN
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13 Morro Rock Mutual-Cayucos 0 AFY 0.000% $0.001
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17 C. Templeton Community Services District 1,475 AFY. :•..... <•H 'f2.442°!a $49,302.921
•: 's�}.•ra<r...w♦Y+nsw ax br••r�.rRi.•�r 7•�•::ti:t si✓:1.% mss.•°.••>••:'-•:s. "♦ 1 'k::.•.3, .: :•S.: Z�.n� :.•�
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Totals 11 856 AFY 100.000% S396,261.8011'
NACAMT.WK4 06/17/98
000013
"NATIONAL NIGHT OUT 1998"
August 4, 1998
f
WHEREAS, The National Association of Town Watch (NATIO is sponsoring a
unique, nationwide crime, drug and violence prevention program on August 4, 1998
called "National Night Out"; and
WHEREAS, The "15'h Annual National Night Out" provides a unique
opportunity for Atascadero to join forces with thousands of other communities across
the country in promoting cooperative, police-community crime and drug prevention
efforts; and
WHEREAS, Neighborhood Watch plays a vital role in assisting the
Atascadero Police Department through joint crime, drug and violence prevention
efforts in Atascaderb and is supporting "National Night Out 1998" locally; and
WHEREAS, It is essential that all citizens of Atascadero be aware of the
importance of crime prevention programs and the impact that their participation can
have on reducing crime, drugs and violence in Atascadero; and
WHEREAS, Police-community partnerships, neighborhood safety, awareness
and cooperation are important themes of the "National Night Out"program;
NOW, THEREFORE, The Atascadero City Council does hereby proclaim
Tuesday, August 4 1998 as National Night Out and encourages all citizens of
Atascadero to join Neighborhood Watch and the National Association of Town Watch
in supporting the " Yh Annual National Night Out".
Harold L. Carden, III, Mayor
City of Atascadero, CA
Dated: July 28, 1998
000014
ITEM NUMBER: A-1
DATE: 07/28/98
MINUTES
CITY OF ATASCADERO
CITY COUNCIL / PLANNING COMMISSION
JOINT WORKSHOP
Tuesday, March 31, 1998, 6:30 p.m.
City Hall, 4th floor
L CALL MEETING TO ORDER
Mayor Carden called the Joint Workshop to order at 6:34 p.m.
II. PLEDGE Of ALLEGIANCE: Commissioner Sauter
III. ROLL CALL.
Council Mem er Clay Commissioner Arrambide
Council Mem er Lerno Commissioner Clark
Council Mem er Luna Commissioner Eddings
Mayor Pro Te m Johnson Commissioner Fonzi
Mayor Cardet i Commissioner Hageman
Commissioner Sauter
Chairman Zimmerman
All were present excc pt Chairman Zimmerman due to illness.
IV. APPROVALOF AGENDA: Roll Call
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve the agenda.
Motion passed 11:0 by a roll-call vote.
V. COMMUNITY FORUM: None
000015
VI. WELCOME: Manager Wade McKinney
'City g Y
City Manager Wade McKinney reviewed the Shared Vision and Priorities lists from the City
Council's Strategic Planning Workshop of February 17 & 18, 1998. He explained that the City
needs to be prepared as an organization to answer questions of the community and include them
in the process. Mr. McKinney stated that during this workshop it was important to: 1)Listen, 2)
Be open and share ideas, 3) Problem solve, not blame and 4)Have fun.
VII. INTRODUCTION OF COUNCIL MEMBERS/COMMISSIONERS:
Mr. McKinney asked each Council Member/Commissioner to state:
1. Their name
2. How long they've been on the Council/Commission
3. How long they've lived in the community
4. One aspect of living in Atascadero you like
Each Council Member and Commissioner introduced themselves and gave a brief history of their
involvement in the community. They all agreed on the aspects of living in Atascadero they like;
friendly, community feeling, peaceful, quiet,no traffic, rural feeling with urban amenities, can
raise children in a safe environment,trees, hills, great quality of life and climate and low crime
rate.
VII. THE ROLL OF THE PLANNING COMMISSION IN LOCAL GOVERNMENT:
Community Development Director Paul Saldana
Advise City Council
General Plan—Basis of land use decisions—Amendments are allowed 4 times per year
Housing Element— 1994—review every 5 years
Land Use Element
Zoning
Redevelopment
Land Use Decisions
Conditional Use Permits
Variances
Subdivision of real property
"Appeal"Board
Staff decisions
Hearing Body (i.e. Noise)
JOINT CC/PC 03/31/98
Page 2 of 5 000016
VIII. . EXPECTATIONS AND NEEDS:
The Council/Commission was asked by Mr. McKinney and Mr. Saldana to separate and create
lists of the following:
What do you expect from the Council/Commission?
What do you need from the Council/Commission?
IX. PRESENTATION OF EXPECTATIONS AND NEEDS:
City Council: What are our expectations of the Planning Commission?
• Know the eneral Plan
• Know the City (socially/geographically)
• Do their homework
• Visit project sites and walk them
• Advise the Council rather than read the Council (don't shop for votes)
•
Understand that the Commission is an advisory body, not a policy body
• Should be a good cross-section of the community
•
Understand the Council's direction
• Be able to make unpopular decisions—take the heat. Don't bend to the roar of the
audience.
• Regular attendees
• Recognize they are ambassadors of the City
Planning Commission: What are our expectations of the City Council?
• Vision oft e community
•
Community involvement
• Good listeners
• Historical perspective of the community
• Open mindedness
•
Supportivc of the Planning Commission
•
Approachable—easy to access for the purpose of discussion
•
Commitment—not including serial discussions (violation of the Brown Act)
City Council: What do we need from the Planning Commission?
• When con sion about policy of the Council, seek clarification through
Chairman/ ayor. This may trigger a joint meeting.
• Complete roducts—no loose ends
• Identify is ues
• No surpris s, if critical of a policy/vote, give the Council a chance to review
• Respect each other—no personal attacks
JOINT CC/PC 03/31/98
Page 3 of 5 000017
Planning Commission: What do we need from the City Council?
• Clarify policy—set rules _
• Regular joint meetings
• Council's vision concerning elements of the General Plan
• Plan of action—Focusing on a few priorities
• Communication—system for interaction
• Trust between Council/Commission
X. DEVELOPMENT OF ISSUES: Wade McKinney and Paul Saldana
• How do we deal with unpopular decisions?
• What is enough homework?
• How does Commission ask Council to change rules?
• How do we clarify what the Council wants or find out why they are taking a specific
action?
• Should there be "Joint" Meetings? What would be the agenda, issues?
• What is the Council's vision,plan of action?
• How do we get more information on infrastructure, services, etc.?
• How do we improve communication between Commission and Council?
• Give feedback on support or lack thereof.
• Can Commission approach Council Members concerning thoughts on issues?
• How do we get"policy" information from Council?
XI. COMMUNITY DEVELOPMENT REPORT: Paul Saldana
Mr. Saldana reported that the following issues would be coming in front of the
Commission and/or Council this year:
• Update the local guidelines implementing CEQA
• Review and update of the Zoning Ordinance
• Review and update of the Subdivision Ordinance
• Review and possible update of special purpose ordinances
• Update of the Downtown Master Plan
• Adoption of 1997 Uniform Construction Code
• Adoption of a"permit streamlining" ordinance
• Development of a redevelopment plan
• EIR for the Lakes Project
• General Plan amendments
JOINT CC/PC 03/31/98
Page 4 of 5 000018
XII. ACTION PLANNING: Wade McKinney
ISSUE:
Co nication
GOAL:
Ability to work as a team
ACTION:
Period'c meetings of Mayor/Chairman
Joint meetings annually or on every 5th Tuesday
Clari how we can communicate informally
Social event
Attend each others meetings
CopieE of each others minutes
Community reports to Planning Commission
Joint briefing on specific issues
XIII. ADJOURNMENT:
Mayor Carden adjourfied the Joint Workshop at 9:07 p.m. to the City Council's next scheduled
regular meeting on April 14, 1998 and the Planning Commission's next scheduled regular
meeting on April 7, 1998.
MEETING PREPARED BY:
Marcia M. Torgerson City Clerk
JOINT CC/PC 03/31/98'
Page 5 of 5 000019
ITEM NUMBER: A—2
DATE: 07/28/98
MINUTES
ATASCADERO CITY COUNCIL
MEETING
TUESDAY,JULY 14, 1998
CLOSED SESSION, :30 P.M.:
1) Conference with labor negotiator(Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee organizations: Department Heads, Mid-Management/Professional,
Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union
Local 6 20,Atascadero Sergeants Service Orgn., Atascadero Police Officers
Assoc., Atascadero Public Safety Technicians Orgn.
2) Conference with legal counsel (Govt. Code Sec. 54956.9 (b))
Significant exposure to litigation.
Mayor Carden adjourned the Closed Session at 7:00 p.m. and City Attorney Roy Hanley stated
that the Council gave direction to Negotiator alternate Brady Cherry and City Attorney Roy
Hanley.
REGULAR SESSIO , 7:00 P.M.:
Mayor Carden called the Regular Session to order at 7:05 p.m. and Council Member Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna and Mayor Carden
Absent: Council Member Lemo
Others Present: City Clerk Marcia Torgerson
Staff Present: Community Services Director Brady Cherry, Chief of Police Dennis
Hegwood,Administrative Services Director Rachelle Rickard,
Community and Economic Development Director Paul Saldana, and City
Attorney Roy Hanley.
APPROVAL OF AG ENDA: Roll Call
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson
to approve the agenda.
Motion passed 4:0 by a roll-call vote.
000020
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Luna stated that Microsoft is getting into the real estate business and they have
a web site called Home Advisor which lists cities' rates of homes, schools, crime, arson, etc.
(see Exhibit A). He noted that the arson count was high and asked staff to write a press release
that would explain the dangers of arson fires and how the community can help the Police and
Fire Departments catch arsonists.
Council Member Luna also stated that the City of Paso Robles has refused to pay their portion of
the additional EIR fees for the Nacimiento project. He explained that the Paso Robles City
Council asked for the revised EIR and they should pay for it. Council Member Luna said that he
would like a letter from the Atascadero Council to be sent to them asking that they reconsider
their decision. He asked for consensus from Council.
Council Member Clay stated that he agreed with Council Member Luna concerning the arson
issue. He asked from what time period was the arson count taken. He asked the Fire Department
to verify that figure because, for example, if they are counting the Hwy. 41 fire, it was started
outside the city limits.
Mayor Carden gave direction to staff 1)Asked the Police and Fire Departments to create a
public awareness press release, 2) To write a diplomatic letter to Paso Robles concerning their
decision to not pay for the revised EIR of the Nacimiento project, and 3)Asked the Fire
.Department to follow-up on the arson research.
Mayor Carden stated that Atascadero has sent several letters to our legislators concerning the
repeal of the Vehicle License Fees. He said that he received a new proposal from the League of
California Cities and that they are requesting support. Their proposal offers a rebate of the
license fees to the citizens and would leave the current funding for the cities in place. He asked
staff to bring information on this issue back to Council. He would like Atascadero to give their
support before the vote is taken.
Mayor Carden also shared an article on Small Towns Institute. He asked that the City Manager
look into this information as it might be of some help to Atascadero,
Mayor Carden asked staff about literature he receives from a law firm. There was an article
about a proposed bond measure that was non-specific so it required only 50%plus one vote. He
asked staff to look into this process.
COMMUNITY FORUM:
Rush Kolemaine, P.O. Box 1990, expressed his concern about the Paso Robles City Council
voting against paying additional costs of the supplemental EIR for the Nacimiento Project. Mr.
Kolemaine explained that he had attended the Paso Robles Council meeting.
Council Member Luna stated that Paso Robles originally expressed their displeasure of the
routing of the pipeline and asked for alternatives to be reviewed. Therefore, there was a
CC 07/14/98
Page 2 of 5 000021
supplemental EIR nec ded to address the alternatives. Council Member Luna stated that Paso
Robles had to have known that a supplemental EIR would be required.
Mayor Carden closed the Community Forum period.
A. CONSENTCALENDAR: Roll Call
1. Citv Council Minutes—June 23, 1998— (City Clerk recommendation:Approve) [Marcia
Torgerson]
2. May 1998 Accounts Pa able and Payroll—Fiscal Impact: $769,126.42 (Staff
recommendation: Council review and approve) [Rachelle Rickard]
3. Treasurer's Report—_April 1998 —Fiscal Impact: None (Treasurer's recommendation:
Review and accept) [Rudy Hernandez]
4. Treasurer's Report—Mgy 1998 —Fiscal Impact: None (Treasurer's recommendation:
Review and accept) [Rudy Hernandez]
5. 1998 Annual 'Spending Limit—Gann Limit—Fiscal Impact: None (Limit is $8,493,672)
(Staff recommendation: Adopt Resolution No. 1998-031, establishing the annual
spending lim il for fiscal year 1998-99) [Rachelle Rickard]
6. Acceptance o Final Tract Ma — 13000 Atascadero Road/Eagle Creek
Fiscal Impact None (Staff recommendation: Council accept the Final Tract Map for
approved Tentative Tract Map #98001) [Paul Saldana]
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson
to approve Items #A-1,2,3, 4, 5 and 6.
Motion passed 4:0 by a roll-call vote.
B. PUBLIC HE RINGS: None
C. MANAGEMENT REPORTS:
1. Paloma Creek Park Concessionaire Agreement—Fiscal Impact: Approximately$2,300 in
revenue (Staf'recommendation: Council authorize the Mayor to execute an agreement
with Webb Food Services for food concessions at Paloma Creek Park) [Brady Cherry]
Community Services Director Brady Cherry gave the staff report and answered Council
questions.
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna
to authorize the Mayor to execute an agreement with Webb Food
Services for food concessions at Paloma Creek Park.
Motion passed 4:0 by a roll-call vote.
CC 07/14/98
Page 3 of 5 000022
2. Information Bulletin
D. COMMITTEE REPORTS
S.L.O. Council of Governments/S.L.O. Regional Transit Authori1y
Mayor Pro Tem Johnson stated that at the SLORTA meeting the analysis of the Fixed Route
Service was discussed. He also explained that at the SLOCOG meeting they discussed the
importance of consistency in the members of SLOCOG. They feel it takes a year to get broken
in but many Councils change their representatives annually. They will be sending a letter to the
cities recommending we keep the same representative for as long as possible.
Water Committees
Council Member Clay stated that water is the gold of the future and we must continue to look 50
years ahead.
Integrated Waste Management Authority
Council Member Luna stated that in response to Mr. Gauge's letter he gave the letter to the
IWMA and they responded. He explained with an overhead projection(see Exhibit B)that we
are mandated by the year 2000 to have a diversion rate in excess of 50%. Atascadero was 44%
last year. This year Atascadero is 53%. He noted that all other cities are not even in the 40%
range. He congratulated Atascadero for their recycling efforts. He asked the press or staff to
issue a press release on this issue.
Economic Vitalit�Co_rporation
Mayor Pro Tem Johnson stated that Paul Saldana gave a presentation at their annual planning
session and did a good job and was well received.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Luna asked if the two million dollars Atascadero is spending on the Sewer
Plant included Pump Station#5. Mr. Cherry responded that the City is planning to do some
upgrades to Pump Station#5.
Council Member Luna also asked when the sewer study would be coming back to the Council.
Mr. Cherry responded that staff is still working on the scope of work; it should be ready next
month.
Council Member Luna asked for an update on the collection of the delinquent sewer charges that
he had asked about at a previous meeting. Mr. Cherry stated that staff has identified those
entities that have not paid their sewer charges. Some have begun to pay the delinquent charges
and some have refused to pay them. The School District is currently negotiating with the City as
the amount they owe is quite large. Staff will be reviewing Atascadero's options with the City
Attorney and deciding which course to take with each entity.
CC 07/14/98
Page 4 of 5 000023
Council Member Clayasked Mayor Carden about the status with SLOCOG of the bike lanes on
Traffic Way. Mayor arden stated that Traffic Way was not part of the plan for bike lanes.
Council Member Clay asked that Atascadero consider continuing the bike lanes on Traffic Way.
Council Member Clayalso asked why the road coming out of the Atascadero State Hos ital-
Y g p
could not go across El Camino Real and become a northbound onramp for the 101 freeway. Mr.
Cherry stated that if that is the will of the Council then we should petition to have a project study
report prepared because that is the way to get the funding.
Mayor Pro Tem Johns n stated the Redevelopment Conference is at the end of August in
Monterey. Council Member Luna stated he is planning on going. Council Member Clay stated
he would like to go also.
City Attorney
Mr. Hanley asked when the Council would like his report on the proposed sexually-oriented
Ordinance amendments. Council stated that September would be fine.
F. ADJOURNMENT:
Mayor Carden adjourned the Regular Session at 7:50 p.m. to the Redevelopment Agency
meeting immediately following.
MINUTES RECORDED AND PREPARED BY:
Marcia M. Torgerso , City Clerk
Attachments: Exhibit A—Mircosoft Web Site (Luna)
Exhibit B—Waste Diversion Rate (Luna)
III
CC 07/14/98
Page 5 of 5 000024
Attachment: Exhibit A
Atascadero City Counctl
Meeting Date: July 14, 1998
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000025
Attachment: Exhibit B
Atascadero City Cou ictl
-- Meeting Date: July 14, 1998
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000026
ITEM NUMBER: A - 3
' DATE: 07/28/98
■ an Big
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15-79 -
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City Manager's Agenda Report
Wade G. McKin n ey
Garcia Road Bridge Replacement Project
RECOMMEND ION:
Council authorize the City Manager to execute an agreement with John L. Wallace&Associates
for the preliminary en gineering services required for the Garcia Road-Bridge Replacement
Project.
DISCUSSION:
TheJro'ect consists o the removal and replacement of an existing bridge on Garcia Road which
p
crosses a tributary of Graves Creek. The new crossing will be either a bridge or culvert to
replace the existing one-lane wooden bridge.
The primary funding ource for the project is the Federal Highway Bridge Replacement and
Rehabilitation(HBRR) Program administered by Federal Highway Administration
(FHA) and the California Department of Transportation(CalTrans).
The scope of the preli ninary engineering services were refined by staff to include only those
services required by t ie FHA for projects utilizing HBRR funds. The estimated hours for each
of the tasks and sub-t sks were reviewed for reasonableness and/or duplication of effort.
The consultant will perform the following preliminary engineering services for the City. All
aspects of the designare to conform to FHA requirements where applicable.
1. Review of rec' rd documentation.
2. Evaluation of alternative alignments and structure types.
3. Design of temporary crossings or staged construction plan.
4. Provide recommendations for design exceptions.
5. Determination of right-of-way requirements.
3. Preparation o a bridge hydraulic report.
00002'7
ITEM NUMBER: A - 3
DATE:_ 07/28/98
- - 0
4. Preparation of bridge construction and staged construction plans.
5. Preparation of technical specifications, special provisions, and contract and bidding
provisions and incorporating them into the format required by the FHA.
6. Bidding phase engineering and office support services.
FISCAL IMPACT:
Funding for the preliminary engineering services required for the Garcia Road Bridge
Replacement Project has been allocated in the FY 98-99 budget adopted by Council. The
following tables summarize the revenues and expenditures required for these services:
PRELIMINARY ENGINEERING REVENUES
HBRR Funds (Fund 500) $71,680
Streets & Bridges Fees (Fund 790) $17,920
TOTAL REVENUES $89,600
PRELIMINARY ENGINEERING EXPENDITURES
Preliminary Engineering(John L. Wallace& Assoc.) $89,600
TOTAL EXPENDITURES $89,600
ALTERNATIVES:
1. Do not execute the Consultant Services Agreement—This alternative was not recommended
because it would require Staff to negotiate a new design contract in the future at a possibly
less favorable fee. It could also result in the loss of the 80% funding now available from the
HBRR program.
RESPONSIBLE DEPARTMENT: Community Services Department
ATTACHMENTS: Attachment A- Copy of Consultant Services Agreement with John '
L. Wallace Associates 0
000028
ATTACHMENT A
CONSULTANT SERVICES AGREEMENT
FOR THE
ARCIA ROAD BRIDGE REPLACEMENT PROJECT
CITY OF ATASCADERO
THIS AGREEMENT i made and entered into by and between and between the City of
Atascadero, hereinafter referred to as "City", and John L. Wallace & Associates, hereinafter
referred to as "Consultant" in the City of Atascadero, County of San Luis Obispo, State of
California.
Witnesseth that for and in consideration of the mutual covenants herein contained, the
parties hereto understand and agree as follows:
Article 1 --Authorization
A. Consultant will perform the services under this Agreement upon receipt of the Notice to
Proceed issued by the City Manager.
B. The following exhibits are attached hereto, and incorporated herein, by reference as
though here fully set forth.
1. Exhibit A, Consultant proposal including Scope of Work and Fee Schedule
2. Exhibit B, Request for Proposal dated January 21, 1998
3. Exhibit C, Revised Project Schedule dated May 13, 1998
4. Exhibit D, Facsimile dated May 22, 1998
Article 2 - Responsibilities of Consultant
A. Consultant will provide civil engineering services for the City of Atascadero as
described herein and as outlined in Exhibits "A", „B„ „, C„ „and D„ excepting therefrom
"TASK 7. CONSTRUCTION PHASE SERVICES” per Exhibit "A".
B. In the performan e of Consultant's service under this Agreement, Consultant agrees that
he will maintain such coordination with City officials as may be requested and
desirable, including primary coordination with the Project Coordinator, herein
designated as the City Engineer.
C. Insofar as they may be applicable to the project contemplated by this Agreement,
Consultant shall render the services per Exhibits "A, "B", "C" and "D" excepting
therefrom "TASK.VII. CONSTRUCTION PHASE SERVICES” per Exhibit "A",
GARCIA ROAD BRIDGE REPLACEMENT
CONSULTANT SERVICES AGREEMENT Page 1 of 7 Pages
000029
commencing with receipt of a written Notice to Proceed signed by the Project
Coordinator and by the City Manager. -
Article 3 - Responsibilities of City
City shall cooperate with Consultant on all phases of the services covered by this
Agreement and will make available to him, as his needs indicate, all existing maps,
topographic maps, aerial photographs, soils reports, and other similar data in possession of
City covering the site as selected.
Article 4 - Fee and Provision for Payment
City will pay Consultant a fee of not to exceed SEVENTY EIGHT THOUSAND ONE
HUNDRED AND 00/100 DOLLARS ($78,100.00) for the services contracted under this
Agreement. Consultant shall submit monthly progress reports to City indicating the state-
of-completion of each task specified in Exhibit "A". Consultant shall be paid no Fater than
thirty (30) days following receipt by City of Consultant's progress report and invoice. Any
additional applicable hourly rate billings as authorized in Article 5 shall be based on the
Fee Schedule contained in Exhibit "A".
Article 5 - Payment for Extra Services or Changes
Any claim for payment for extra services or changes in the services will be paid by City
only upon certification by the City Manager that the claimed extra service or change was
authorized in advance by the Project Coordinator and the City Manager, and that the
service has been satisfactorily completed. Invoices for extra services which are approved
by the Project Coordinator and City Manager must be submitted by Consultant within thirty
(30) days of completion of such services and must be accompanied by a statement of
itemized costs covering said services.
Article 6 - Suspension or Termination of Agreement
A. If Consultant fails to comply with the conditions of the Agreement, City may, by written
notice of the Project Coordinator and the City Manager, suspend the Agreement and
withhold future payments pending corrective action by Consultant or a decision to
terminate the Agreement. After receipt of notice of suspension, Consultant may not
incur additional obligations of Agreement funds during the suspension unless
specifically authorized by the Project Coordinator and the City Manager.
B. Either party hereto shall have the right to terminate this Agreement upon giving ten (10)
days written notice of such termination of this project in its entirety, notwithstanding
any other fee provisions of this Agreement, based upon services accomplished by
Consultant prior to notice of such termination. Consultant shall be entitled to the
reasonable value of his services involved in the termination, as determined by City,
upon a finding which shall be final and conclusive as to the amount of fee due and
owing.
GARCIA ROAD BRIDGE REPLACEMENT
CONSULTANT SERVICES AGREEMENT Page 2 of 7 Pages
00003(
Article 7 - Time of Completion
- -
Consultant agrees to diligently pursue the services under this Agreement and to complete
the services as described in Exhibit "A" excepting only Task 7. CONSTRUCTION PHASE of
Exhibit "A" within 200 WORKING DAYS from receipt of the written Notice to Proceed
signed by the City Manager and the Project Coordinator.
Consultant further agrees that time is of the essence of this agreement and that following
Milestone Tasks and Deliveries itemized in EXHIBIT C will be completed as follows:
1. PRELIMINARY DESIGN, including delivery of the Location Hydraulic Study and the
Update of Geotechnical Criteria, on or before 25 working days after receipt of the
Notice to Proceed.
2. CONCEPTUAL DESIGN, including delivery of the Preliminary Alignment, the
Hydraulic Report and the Design Exception Fact Sheets, on or before 58 working days
after receipt of the Notice to Proceed.
3. Structure Type SE lection and Permit Applications, on or before 81 working days after
receipt of the No ice to Proceed.
4. Rights-of-Way acquisition recommendations, on or before 75 working days after receipt
of the Notice to Proceed.
5. 50% Submittal of PS&E, on or before 117 working days after receipt of the Notice to
Proceed.
6. 95% Submittal o PS&E, on or before 160 working days after receipt of the Notice to
Proceed.
7. 100% Submittal f PS&E, on or before 190 working days after receipt of the Notice to
Proceed.
8. Agencies Approval, on or before 200 working days after receipt of the Notice to
Proceed
Consultant shall not be responsible for any delay which is caused by City review, action or
inaction of City and r any state or federal agency, or acts of God, but shall be responsible
for delays that are caused by his own fault or negligence and for the delays of his
subcontractors.
Article 8 - Conflicts of Interest
GARCIA ROAD BRIDGE REPLACEMENT
CONSULTANT SERVICES AGREEMENT Page 3 of 7 Pages
000031.
No member, officer, or employee of City, during his or her tenure, or for one (1) year
thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds-
thereof.
Article 9 - Ownership of Data
The ownership of all data collected for use by Consultant under this Agreement, together
with working papers, drawings, and other materials necessary for a complete
understanding of the plans and necessary for the practical use of the plans shall be vested
in City. Ownership of original drawings and documents shall be vested in City.
Consultant may retain a copy of all work for his own use. In the event the City consents
to, allows, authorizes or approves of changes to any plans, specifications or other
construction documents prepared by Consultant, the City recognizes that such changes and
the results therof are not the responsibility of the Consultant.
Article 10 - Covenant Against Contingent Fees
Consultant warrants that he has not employed or retained any company or person, other
than a bona fide employee working solely for him, to solicit or secure this Agreement, and
that he has not paid or agreed to pay any company or person, other than bona fide
employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or
any other consideration contingent on or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to annul this
Agreement without liability or, in its discretion, to deduct from the contract price or
consideration or otherwise recover, the full amount of such fee, commission, percentage 0
fee, gift, or contingency.
Article 11 - Contract Personnel
The services to be done pursuant to this Agreement shall be done by John L. Wallace and
such other personnel in the employ or under the supervision of Consultant who shall be
approved by City. The City official who shall be vested with the right of approval of such
additional personnel or outside contracting parties shall be the City Manager. City reserves
the right to reject any of Consultant's personnel or proposed outside consultants, and City
reserves the right to request that acceptable replacement personnel be assigned to the
project.
Article 12 - Indemnity Clause
Consultant shall pay for defense, indemnify, and save harmless the City of Atascadero, its
officers, agents, and employees, from any and all claims, demands, damages, costs,
expenses, and liabilities arising out of this Agreement or occasioned by the negligent
performance or attempted negligent performance of the provisions hereof, including, but
not limited to, any negligent act or omission to act on the part of Consultant or his agents
or employees or independent contractors directly responsible to him, except that the
above shall not apply to the sole negligence or willful misconduct of City or City's agents,
GARCIA ROAD BRIDGE REPLACEMENT 0
CONSULTANT SERVICES AGREEMENT Page 4 of 7 Pages
000032
servants, or independent contractors who are directly responsible to City. This
indemnification provision shall apply even if there is concurrent or joint negligence of-
indemnitor and inderrinitee, and even if there is active or passive negligence by either or
both parties.
Article 13 - Insuranc
A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own
expense, prior to commencement of the work of this Agreement, professional liability
(errors and omissions) insurance, in a company authorized to issue such insurance in
the State of California, with limits of liability of not less than $1,000,000 to cover all
professional services rendered pursuant to this Agreement. Such insurance shall be
kept in force for one (1) year beyond the date of Notice of Completion of the project as
accepted by the City Council.
B. Automobile and ublic Liability Insurance. Consultant shall also maintain in full force
and effect for the duration of this Agreement, automobile insurance and public liability
insurance with an insurance carrier satisfactory to City, which insurance shall include
protection against claims arising from personal injury, including death resulting
therefrom, and damage to property resulting from any actual occurrence arising out of
the performance of this Agreement. The amounts of insurance shall be not less than the
following:
1. Single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage or a combination thereof in an amount
not less than $500,000.
The following en orsements must be attached to the policy or policies:
1 . If the insurance policy covers on an "accident" basis, it must be changed to
"occurrence".
2. The policy must cover personal injury as well as bodily injury.
3. Broad form pr perty damage liability must be afforded.
4. The City of At scadero, its officers, employees, and agents, shall be named as
insured under the policy, and the policy shall stipulate that the insurance will
operate as pri ary insurance and that no other insurance effected by City will be
called upon to contribute to a loss hereunder.
5. The policy shall contain contractual liability, either on a blanket basis or by
identifying this Agreement within a contractual liability endorsement.
6. The policy shall contain "cross-liability" such that each insured is covered as if
separate policies had been issued to each insured.
7. City shall be given thirty (30) days notice prior to cancellation or reduction in
coverage of the insurance.
GARCIA ROAD BRIDGE REPLACEMENT
CONSULTANT SERVICES AGREEMENT Page 5 of 7 Pages
000033
C. Workers Compensation Insurance. In accordance with the provisions of Section 3700
of the Labor Code, Consultant shall be insured against liability for workers ,_- - 9
compensation or undertake self-insurance. Consultant agrees to comply with such
provisions before commencing performance of any services under this Agreement.
D. Certificates of Insurance. Consultant shall submit to the City Manager all certificates
of insurance evidencing that Consultant has the insurance required by this Agreement
within ten ((10) days after receipt of Notice of Award. Said certificates shall state the
project number and that the policy shall not be assigned, canceled, or reduced in
coverage without thirty (30) days written notice to City, and that such insurance not
relieve or decrease the extent to which Consultant may be held responsible for
payment of damages resulting from any service or operation performed pursuant to this
Agreement. Consultant shall not perform any services under this Agreement until the
required insurance certificates have been submitted to City and approved by these
provisions, or fails or refuses to furnish City required proof that insurance has been
procured and is in force and paid for, City shall have the right, at its discretion, to
forthwith terminate this Agreement.
Article 14 - Status
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor, and in no event shall any of his personnel or subcontractors be
construed to be employees of City.
Article 15 - Non-Discrimination
Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of
September 24, 1965, and all other orders, regulations, and laws governing non-
discrimination in employment, including in particular, Section 122(a) of the State and
Local Fiscal Assistance Act of 1972.
Article 16 - Modification of Agreement
This Agreement may be further modified only by a written amendment signed by both
parties hereto.
GARCIA ROAD BRIDGE REPLACEMENT
CONSULTANT SERVICES AGREEMENT Page 6 of 7 Pages
000034
Article 17 - Law Go ernin - -
This Agreement shall be governed by the laws of the State of California.
Article 18 - Communications
Communications between the parties to this Agreement may be sent to the following
address:
CITY: CONSULTANT:
City of Atascadero John L. Wallace & Associates
6500 Palma Avenue 4115 Broad Street Suite B-5
Atascadero, CA 93 . 22 San Luis Obispo, CA 93401-7963
Attn: Steven J. Sylvester, City Engineer Attn: Brad R. Brechwald, Senior Engineer
ACCEPTED AND AC REED this the day of , 19— .
CITY: CONSULTANT:
City of Atascadero John L. Wallace & Associates
a municipal corporation
B B
Y y
Harold L. Carden III, Mayor (signature)
Attest:
(printed name)
Marcia M. Torgerson, City Clerk
(title)
Approved as to Content:
Steven J. Sylvester, City Engineer
Approved as to Form:
Roy A. Hanley, City Attorney
GARCIA ROAD BRIDGEREPLACEMENT
CONSULTANT SERVICE 5 AGREEMENT Page 7 of 7 Pages
000035
ITEM NUMBER: A - 4
DATE: 07/28/98
ra r®
1918 i p 1929
CADS
City Manag is Agenda Report
Wade G. McKin ey
Garcia Road Bridge Replacement Project
RECOMMENDA ION:
Council authorize the City Manager to execute Federal Aid Program Supplement Agreement No.
004-R1 for the Garcia Road Bridge Replacement Project.
DISCUSSION:
CalTrans, acting for the Federal Highway Administration, has authorized an increase in Highway
Bridge Replacement and Rehabilitation(HBRR) funding for preliminary engineering and right-
of-way related items r the Garcia Road Bridge Replacement Project. HBRR funding for
preliminary engineering and right-of-way related items has been increased from $32,000 to
$71,680.
FISCAL IMPACT:
Execution of the Program Supplement Agreement will increase the amount for Federal funds
available for reimburs ment. The City may request reimbursement of project expenses
associated with prefirrimary engineering and right-of-way related items up to 80% of their total
cost subject to a maximum reimbursement of$71,680.
ALTERNATIVE!'3:
1. Do not execute the Program SLipplement A reement- Invoices for reimbursement can not be
processed until the agreement is fully executed. The City could possibly loose 80% of the
funds required for preliminary engineering and right-of-way related items.
RESPONSIBLEDEPARTMENT: Community Services Department
ATTACHMENTS: Attachment A -'CalTrans letter dated June 18, 1998
Attachment B - Federal Aid Program Supplement Agreement No. 004
RI.
000036
`XTACHMENT A
STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY PETE WILSON,Governor
DEPARTMENT OF TRANSPORTATION
DESIGN AND LOCAL PROGRAMS
P.O.BOX 942874, MS#1
SACRAMENTO,CA 94274-0001
TDD(916)654-4014
(9161654-3151
Fax: (916) 654-2409
June 18, 1998
File: 05-SLO-0-ATAS
BROS-0079(018)
IN THE CITY OF ATASCADERO ON
GARCIA RD AT GRAVES CREEK, BR.
#49C-383
Mr. John B. Neil ; 'y
Assistant City Engineer
City of Atascadero
725 Creston Road, Suite B
Paso Robles, CA 93446
Dear Mr. Neil:
Enclosed are two originals of Program Supplement Areement No. 004-R
PP g
� 1 to Administering
Agency-State Agreement No. 05-5423 covering: Preliminary Engineering and Right of Way for the
above-referenced project.
Please sign both copies of this Agreement and return them to this office, Office of Local Programs-
MS 1. Alterations should not be made to the agreement language or funding. Attach your local
agency's certified authorizing resolution that clearly identifies the project and the official authorized to
execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification
by Caltrans.
Your prompt action is requested. No invoices for reimbursement can be processed until the
agreement is fully executed.
Sincerely,
vE , Chief
Office of ocal Programs
Project Implementation
Enclosure
cc: OLP AE Project Files
(05) DLAE-Jerald T. Gibbs "We'll Find a Way" AGTLP.^
o6a37
ATTACHMENT B
PROGRAM SUPPLEMENT NO. 004 Rev. 1
Date: June 05, 1998
to Location: 05-SLO-0-ATAS
AGENCY-STATE
AGREEMENT Project Number: BROS-0079(018)_
FOR FEDERAL-AID PROJECTS NO 05-5423 E.A. Number: 05-929516
This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered
into between the Local Agency and the State on 02/09/82 and is subject to all the terms and conditions thereof.This Program
Supplement is adopted in accordance with Paragraph 2 of Article H of the aforementioned Master Agreement under authority of
Resolution No. , approved by the Local Agency on (See copy attached).
The Local Agency further stipulates thal as a condition to payment of funds obligated to this project, it accepts and will comply
with the covenants or remarks setforth c n the following pages.
PROJECT TERMINI:
IN THE CITY OF ATASCADERO ON GARCIA RD AT GRAVES CREEK, BR. #49C-383
TYPE OF WORK: REPLACE BRIDGE; &APPROACHES LENGTH: 0.1 (MILES)
PROJECT CLASSIFICATION OR HASE(S) OF WORK
[XJ Preliminary Engineering [X] Right-Of-Way [ ] Construction
[ J Construction Engineering
timated Cost Federal Funds Matching Funds
117 $71,680.00 LOCAL OTHER
$89,600.00 $17,920.00 $0.00 $0.00
CITY OF ATASCADERO STATE OF CALIFORNIA
Department of Transportation
BY BY
Chief, Office of Local Programs
Date Project Implementation
Attest Date
Title
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Off ic r $71,680.00
Chapter Statutes It ear ram BC Fund Source o NT
135 1987 2660-101- 90(a)-20 87-88 20.30.010.300 C 224060 892-F 12,000.00
303 1995 2660-101- 90 20.30.010.300 C 224060 892-F 20,x•00
97-98 20.30.010.300 C 224060 892-F 39,680.00
282 1997 2660-101-890
000038
Program Supplement 05-5423-004-R1 ISTEA Page 1 of 2
05-SLO-0-ATAS 06/05/1998
BROS-0079(018)
SPECIAL COVENANTS OR REMARKS
1. This Revised Program Supplement supersedes Program Supplement
fully executed on 03/17/1988 .
2 , All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as required
for efficient operation of the completed improvements.
3 . The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal-Aid Project Agreement (PR-2) /Detail
Estimate or its modification (PR-2A) or the FNM-76, and accepts
any increases in Exchange Funds, State Matching funds, and\or
Local Agency Funds as shown on the Finance or Bid Letter or its
modification as prepared by the Office of Local Programs .
4. This Program Supplement will be revised at a later date to
include other phases of work.
5 . Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report
covering the allowability of cost payments for each individual
consultant or sub-contractor incurring over $25,000 on the
project. The audit report must state the applicable cost
principles utilized by the auditor in determining allowable costs
as referenced in CFR 49, part 18, Subpart C - 22, Allowable
Costs.
000039
Program Supplement 05-5423-004-R1 ISTEA Page 2 of 2
ITEM NUMBER: A-5
' DATE: 07/28/98
■
so Him
i s
107-9
- -
City Manager's Agenda Report
Wade G. McKi ney
Acceptance of Final Parcel Map AT 98-054
9990 El Camino Real (Hawkins)
RECOMMENDATION:
Staff recommends that Council accept the Final Parcel Map for approved Tentative Parcel Map
#98004 (AT 98-054).
DISCUSSION:
# 8004 was approved b the Planning Tentative Parcel Ma 9 pp y ng Commission at a Public Hearing
held on April 21, 1998. Since then, all Conditions of Approval have been satisfied and the Map
has been approved and signed by the City Engineer. The Final Parcel Map is therefore ready for
recordation.
FISCAL IMPACT: None.
RESPONSIBLEDEPARTMENT: Community Development Department
ATTACHMENTS: Attachment A - Approved Tentative Map
000040
ATTACHMENT A
APPROVED TENTATIVE PARCEL MAP -
TPM #98004
" CITY OF ATASCADERO .
COMMUNITY DEVELOPMENT DEPARTMENT
TENTATIVE PARCEL MAP N0. AT 98-054
LEGAL DESCRIPTION
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000041
ITEM NUMBER: A - 6
A DATE: 07/28/98
n a
oil a i i
1918 , 19 9]9] - —
City Manager Agenda Report
Wade G. McKinney
Albertson's Alcohol Beverage License
RECOMMENDATION:
Staff recommends:
The Council finds that approval of the application serves the public convenience.
DISCUSSION:
Albertsons Inc. has applied to the Department of Alcoholic Beverage Control for issuance of an
"off-sale general" liquor license for their new market location on El Camino Real.
Applicant: Albertsons Inc. ,
Location: 8080 El Camino Real
Zoning: CR(Commercial Retail)
Entitlement(s): CUP 97013 approved February 2, 1998
License Type: Off-Sale General
It was anticipated duri g the review of the Conditional Use Permit application for this project
that the proposed Albertsons market would contain a liquor department. Issuance of the
requested liquor license does not appear to present any significant planning issues. It appears
that public convenience would be served through issuance of this license.
FISCAL IMPACT:
None
RESPONSIBLEDEPARTMENT: Community Development
000042
ITEM NUMBER: A - 7
DATE: 07/28/98
■ rn ■.®
ieia ®
1979 --- -
CADF80�
City Manager Is Agenda Report
Wade G. McKinney
Atascadero Lake Park Pavilion and Charles Paddock Zoo
Food Concessions Agreement
RECOMMENDA ION:
Authorize the Mayor to enter into a three year agreement with Bill Rabenaldt of Lake Park
Rentals for the Atascadero Lake Park Pavilion and Charles Paddock Zoo Food Concessions
Agreement.
DISCUSSION:
BACKGROUND:
N.C.I. of Paso Robles, operator of the Back Porch Cafe at the Atascadero Lake Pavilion has
given notice that they are terminating their operations. As a result,the City of Atascadero has
solicited proposals to replace N.C.I.
In an effort to expand he business potential of the next concessionaire and to create a better
opportunity for success,the scope of the Food Concessions Agreement was increased to include
four areas:
1. Operation of the Pavilion Concession Stand
2. Preferred Caterer status at the Pavilion
3. Ice Cream/Soda Cart in the Park
4. Hot Dog/Food Cart in the Charles Paddock Zoo
Two proposals were submitted to our office by the deadline of Friday, July 10, 1998. The
proposals were submitted by:
Bill Rabenaldtwho currently operates the Lake Park Paddle Boat Concessions and;
John and Janet Baldwin,who currently operate the Santa Margarita KOA Campground.
000043
ITEM NUMBER: A - 7
DATE: 07/28/98
DISCUSSION:
On Thursday, July 16, the Parks and Recreation Commission voted unanimously to recommend
approval to the City Council for the Atascadero Lake Park Pavilion and Charles Paddock Zoo
Food Concessions Agreement to Bill Rabenaldt of Lake Park Rentals. The Parks and Recreation
Commission based their recommendation on a review of the proposals submitted and upon an
interview with the individual proposers.
In a graded comparison of the two business proposals, staff evaluated the following criteria:
1. Projected revenue to the City- Both proposals were judged to be roughly the same. A
financial comparison sheet is attached. Based upon the income generated from N.C.I., the
City should generate approximately$40,000.00 from the concessionaire over the course of
the contract.
2. Related Food Concessions experience- Lake Park Rentals was judged to have the most
related experience through their food concessions operation at Mooney Grove Park for the
County of Tulare. This operation is very similar to the Lake Park Concession operation. In
addition, our past contractual relationship with Lake Park Rentals has been very positive,
indicating the potential for a.successful partnership.
3. Tyke/Status of Business - Some preference is given to the business that are already located in
Atascadero. Lakeside Rentals is an established Atascadero business, in which we have a
vested interest in promoting.
4. Menu review- Both proposers have realistic, well suited menu's and business plans that
appear to staff to have a reasonable chance for success at Atascadero Lake Park.
A point value attributed to the grading of the above mentioned criteria was as follows:
Lake Park Rentals 35 points
John and Janet Baldwin 25 points
FISCAL IMPACT:
Awarding the Atascadero Lake.Park Food Concessions Agreement to Bill Rabenaldt of Lake
Park Rentals will result in approximately $40,000.00 revenue for the City.
RESPONSIBLE DEPARTMENT:
Community Services
ATTACHMENTS:
Contract No. 98401
Financial comparison sheets
000044
City of Atascadero
Contract #98041
AGREEMENT FOR SERVICES BY CONTRACTOR
FOOD SERVICE CONCESSION OPERATION
AUGUST 1, 1998-JULY 31, 2001
This agreement is made upon the date of execution, as set
forth below, by and between "Bill Rabenaldt" hereinafter referred
to as "Contractor", and the City of Atascadero, California, a
Municipal Corporation, 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 TE This agreement will become effective on the
date of execution set forth below, and will continue in
effect until terminated as provided herein.
1 . 02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor
agrees to perform or provide the services specified in
"Description of Services" attached hereto as "Exhibit A"
hereby incorporated herein.
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 the
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 . 03 RENT AND GROSS SALES RECEIPTS: In consideration for
the terms of this agreement, the Contractor will pay the
City a flat monthly rental payment and a percentage of the
total gross earnings monthly of all monies from sales
received by the Contractor from any use of the premises
described in Schedule B of this contract, except from the
sale of beer and wine . Monies received by the contractor
from catering opportunities on City premises are also
subject to the 150 of total gross earnings . Gross earnings
shall not include any sales or excise taxes imposed by any
governmental entity.
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
1
000045
City of Atascadero
Contract #_98041
Payment to the City of Atascadero of the monthly rent and
the percentage of gross earnings received shall 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, California (Attention:
Recreation Registration) .
Payments received from the tenth (10th) of each month to the
twenty-fifth (25th) of each month shall be considered
delinquent and assessed a ten percent (10%) penalty.
Payments received after the twenty-fifth (25th) of each
month shall be assessed an additional ten percent (10%)
penalty.
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 . 04 LOCATION: Premises of operations is the concession
facility located at Atascadero Lake Park Pavilion, 9315
Pismo Avenue, Atascadero, California, the Charles Paddock
Zoo is located at 9305 Pismo Avenue, Atascadero California.
1 . 05 SUBLEASE : 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 . 06 RECORDS AND ACCOUNTS: Contractor shall keep true and
accurate books and records showing all of 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 Contractor fails to provide
the required audit, the City shall contract to have an audit
performed at the Contractor' s expense.
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
2
000046
City of Atascadero
Contract #_98041
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 tenable
condition. Contractor agrees to accept said premises in the
present existing condition, "as is" and the 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 . SIGNS All signs, names or placards shall be
approved by the Department of Community Services prior to
installation. All signs must meet all requirements and
specifications as set forth by the City.
1 . 09. DAMAGE TO/DESTRUCTION OF PREMISES Should the subject
premises or the building and other improvements in which the
subject premises are situated be totally or partially
damaged or destroyed, the City shall promptly repair the
same, except that the City shall have the option to
terminate this Agreement if (a) the subject premises or the
building and improvements in which the promises are situated
cannot reasonably be expected to be restored under existing
law to substantially the same condition as existed prior to
such dama e or destruction within ninety (90) days from the
date that the insurance proceeds become available to the
City; or b) if the costs of such restoration would exceed
one-half 1/2) of the full insured value of the building and
other improvements in which the subject premises are
situated; or (c) if the damage or destruction results from a
casualty rot customarily insured against by a policy of
standard fire and extended coverage insurance having
vandalism and malicious mischief endorsements. Any notice
of termination given here shall be given to Contractor with
fifteen ( 5) days after City determines the period of time
required for and the estimated cost of such repair or
restoration.
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
3
00004'7
City of Atascadero
Contract #98041
2.00 OBLIGATIONS OF CONTRACTOR
2 . 01 MINIMUM 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: Hours of operation to be
established by Contractor upon mutual agreement with the
Director (or designee) of the Department of Community
Services.
2 . 03 PERMITS: Contractor is required to provide City, prior
to commencement of operation of concession, a copy of a City
Business License, A San Luis Obispo County Health Department
permit for food sales, and a Board of Equalization
Certificate.
2 . 04 TAXES: Contractor agrees to pay all lawful taxes,
assessments 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
Community Services throughout the term of this contract.
Contractor shall have a right to use the Pavilion kitchen
and all City owned appliances and equipment within the
kitchen area providing the kitchen has not been reserved for
use by the City of Atascadero and/or rented to another party
or company for use.
The City shall supply the Contractor, in writing, 30 days
prior notice when it has rented the kitchen to others and
for how long.
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
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
4
000048
City of Atascadero
Contract #98041
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 the
Pavilion Concession Stand throughout the duration of this
contract at contractor' s expense.
2 . 08 TOOLS AND INSTRUMENTALITIES: Contractor shall provide
all tools and instrumentalities to perform the services
under this agreement.
2 . 09 WO R'S COMPENSATION AND OTHER EMPLOYEE BENEFITS:
City and Contractor intend and agree that Contractor is an
independent contractor of City and agrees that Contractor
and Contractor' s employees and agents has no right to work-
er' s compensation and other employee benefit. 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 . Contractor agrees to hold harmless and indemnify
City for any and all claims arising out of any claim for
injury, disability, or death of any of Contractor and Con-
tractor' s employees or agents .
2 . 10 INDEMNIFICATION: Contractor hereby agrees to, and
shall, hold City, its elective and appointive boards, of-
ficers, 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 opera-
tions be by Contractor or by any one or more persons direct-
ly or indirectly employed by, or acting as agent for, Con-
tractor; 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
acceptance by City, or the deposit with City by
Contractor, of any of the insurance policies
hereinafter described.
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
5
000049
City of Atascadero
Contract #98041
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 Contractor or any agent or employee of Contractor
regardless of whether or not such insurance policies
shall have been determined to be applicable to any of
such damages or claims for damages.
2 . 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. Public 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 by 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 or any subcontractor' s operations under
this contract, whether such operations be by Contractor
or by anyone directly or indirectly employed by
Contractor, the amounts of such insurance shall be as
follows :
(1) Public Liability Insurance.
In an amount not less than $500,000 per injury,
including, but not limited to 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.
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
6
000050
City of Atascadero
Contract #98041
(3) Comprehensive Automobile Liability.
Bodily injury liability 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.
(4) Worker's Compensation insurance.
In the amounts required by law, if applicable.
b. PROOF OF INSURANCE .
Contractor shall furnish City, concurrently with the
execution hereof, with satisfactory proof of carriage
of the insurance required, and adequate legal assurance
that each carrier will give City at least thirty (30)
days' prior notice of the cancellation of any policy
during the effective period of this contract. The
certificate or policy of liability of insurance shall
name City as an additional insured with the Contractor.
2 . 12 CONTFACTORIS MAINTENANCE : Except as otherwise provided
in this A reement, Contractor, at its own cost and expense
agrees :
a. To maintain throughout the agreement term in good
sanitary order, condition, and repair, all portions of
the leased premises, including, without limitation,
(a) the interior of the subject premises, including
floo ing, exposed plumbing, lighting lamps and wiring,
paint and finish; (b) any windows; (c) the outside deck
area; (d) any personal property of the Contractor
situated in or upon the subject premises; (e) all
City owned kitchen appliances, including but not
limited to the stove, grill, dishwasher, ice machine,
refrigerator and freezer; (f) any heating, ventilating
or air conditioning equipment installed by Contractor
in oi upon the subject premises .
The City releases the Contractor of responsibility for
the kitchen area, the appliances or equipment at such
times as the City rents or loans the kitchen to anyone
other than the Contractor.
b. To notify the City promptly of any damage to the
subject premises or the building in which they are
situated resulting from or attributable to the
acts or omissions of the Contractor, its invitees
ATASCADERO LAKE, PARK
FOOD CONCESSIONS AGREEMENT
7
000051
City of Atascadero
Contract #98041
or its authorized representatives, and thereafter
promptly to repair all such damage at Contractor' s
sole cost and expense.
C. To provide janitorial services for the interior of
the subject premises .
Contractor waives the provisions of Section 1941
and 1942 of the California Civil Code with respect
to Contractor' s right to make repairs and to deduct
the expenses thereof from the monthly payment payable
by the Contractor.
2 . 13 UTILITIES: The City shall pay the reasonable costs for
the actual utilities, including water, gas, and heat,
light and power supplied to the subject premises .
Contractor shall make all arrangements for and pay the
charges when due for telephone service.
The suspension or interruption in utility service to
the leased premises for reasons beyond the ability or
control of the City shall not constitute a default by
City or entitle Contractor to any reduction or
abatement of the monthly payment due to the City.
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 space at
Atascadero Lake Park Pavilion for use by the Contractor
while performing the services described within this
contract.
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 :
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
8
000052
City of Atascadero
Contract #98041
(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 this
agreement
(5) End of the contract to which Contractor' s services were
necessary; or
(6) Assi nment of this agreement by Contractor without the
consent of the City.
4 . 03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR:
Should any party default in the performance of this agree-
ment or materially breach 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 TERMINATION: This Agreement shall terminate on July
31, 2001, unless extended as set forth in this Section. The
City, with the agreement of the Contractor, is authorized to
extend the term if 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.
4 . 05 REMOVAL OF ALTERATIONS: City, by giving written notice
to Contractor within thirty (30) days before the expiration
or termination of the agreement, may elect to require
Contractor, at its sole cost and expense, to remove the
alterations specified by City in its notice, and shall make
such repairs necessitated by the removal of said
alterations, and any damage resulting therefrom, as may be
necessary to restore the subject premises to good condition
and repair, excepting only reasonable wear and tear, before
the last ay of the lease term or within thirty (30) days of
the City' s notice. This stipulation will not affect any
improvements agreed to by the Director of Community
Services, as described in Section 1 . 07 of 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 o, all remedies now or hereafter allowed by law or
equity.
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
9
000053
City of Atascadero
Contract #98041
5. 02 NO WAIVER: The waiver of any breach by any party of
any provision of this agreement shall not constitute a con-
tinuing waiver or a waiver of any subsequent breach of this
agreement .
5. 03 ASSIGNMENT: This agreement is specifically not
assignable 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 as set forth in Section 4 . 03 .
5. 04 ATTORNEY 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 TIME 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 reason 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 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; pro-
vided, 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 dif-
ficult or impossible solely because of the financial , condi-
tion 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 deliv-
ered 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:
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
10
000054
City of Atascadero
Contract #98041
PARTY ADDRESS
A. CITY OF A ASCADERO 6500 Palma Avenue
Department of Atascadero, CA. 93422
Community Services (805) 461-5000
B. CONTRACTOR
Bill Rabe aldt 150 Hind Street
Beach Cycle Rentals Pismo Beach CA 93449
(805) 773-5518
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 interpretation of this agreement or any decision or
holding concerning 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 tc any assignment of this agreement or any interest
in this a reement.
5. 09 SEVERABILITY: Should any provision of this agreement
be held by a court of competent jurisdiction or by a legis-
lative or rule making act to be either invalid, void or
unenforceable, the remaining provisions of this agreement
shall remain in 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 tc 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
agreementE or representations respecting the subject matter
of this a reement 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 a reement.
5. 12 DUE AUTHORITY: The parties hereby represent that the
individuals executing this agreement are expressly
authorized to do so on and in behalf of the parties .
ATASCADERO LAK PARK
FOOD CONCESSIONS AGREEMENT
11
000055
City of Atascadero
Contract #98041
5. 13 CONSTRUCTION: The parties agree that each has had an
opportunity to have their counsel review this agreement and
that any rule 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 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.
Executed on July 28, 1998, at Atascadero, California.
Attest: CITY OF ATASCADERO
By:
Marcia M. Torgerson Harold L. Carden III
City Clerk Mayor
Approved as to form:
By:
Roy Hanley,
City Attorney
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
12
000056
City of Atascadero
Contract #98041
EXHIBIT A
PROFESSIONAL SERVICES TO BE
PERFORMED BY CONTRACTOR
Contractor shall provide consultation and professional management
services to City as follows :
The Contractor shall utilize said premises for the following
purposes :
A. Premises shall be used for the purpose of selling, but not
limited to, over-the counter items such as soft drinks,
candy, snacks, hot dogs, popcorn and cold sandwiches .
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 to the
satisfaction of the Department of Community Services, and
maintain said areas in 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 .
G. Beer and wine may be sold to be consumed on site in non
disposable containers only (eg. cans, paper cups, etc. ) . No
alcohol may be sold to be consumed off site. All state and
local laws regulating the sale of alcoholic beverages must
be strictl adhered to. Procedures must be established and
maintained to ensure that alcohol is not served or sold to
minors . Tae City may revoke this privilege of alcohol sales
if alcohol related problems occur related to sales from the
premises .
H. An Ice Cream Food Cart may be used in Atascadero Lake Park,
weather permitting.
I . A Food Cart will operated at the Charles Paddock Zoo. Menu
ATASCADERO LAKE PARK
FOOD CONCESSION3 AGREEMENT
13
00005'7
City of Atascadero
Contract #98041
items and operating hours are to be determined in mutual
agreement with the Charles Paddock Zoo Curator.
C:\WP51\CNTRCTS\PAVCONSLEA
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
14
000058
City of Atascadero
Contract #98041
EXHIBIT B
CONTRACTOR PAYMENT SCHEDULE
Contractor will, pay the City Annually:
YEAR FLAT FEE % OF GROSS
Aug 1, 1998-July 31, 1999 $150/Per Month 150
Aug 1, 1999-July 31, 2000 $175/Per Month 160
Aug 1, 2000-July 31, 2001 $200/Per Month 17%
C:\WP51\CNTRCTS\PAVC0NSLEA
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
14
000059
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000060 '
City of Atascadero
Department of Community Services
Pavilion Concessions
Income Report Summary
1995-1998
Month 1993 1996 1997 1998
January $ 957.03 $ 293.00 $ 209.39
February $ 27E.46 $ 449.18 $1,069.93 $ 115.60
March $ 35 .18 $ 602.54 $ 794.54 $ 243.35
April $ 60 .62 $ .852.51 $ 1,109.62 $ 130.48
May $ 43 .38 $ 724.21 $ 1,163.45 $ 212.35
June $ 1,11 .02 $ 792.69 $ 871.11
July $ 1,481.33 $ 865.28 $ 907.74
August $ 1,540.20 $ 1,126.05 $ 1,098.24
September $ 71 .57 $ 700.43 $ 510.08
October $ 796.10 $ 706.11 $ 424.69
November $ 77 .86 $ 489.53 $ 574.72
December 90 .83 605.30 687.06
Annual Total
City Income $ 8,99 .55 $ 8,870.86 $ 9,504.18 (15%)
THREE YEAR AVERA E (95-97) CITY INCOME (15%)- $ 9,124.86
000061
ITEM NUMBER: B - 1
DATE:_ 07/28/98
ieis ® is a
'I.
A CAI
City Manager's Agenda Report
Wade G. McKinney
Confirming the Cost of Weed Abatement
Resolution No. 1998-028
RECOMMENDATION:
Staff recommends the adoption of Resolution No. 1998-028, confirming the cost of weed
abatement.
DISCUSSION:
On April 28, 1998, Cc uncil adopted Resolution No. 1998-019, declaring vegetative growth
and/or refuse a public rluisance, and authorized the Fire Chief to proceed with the abatement
process. On May 8, 1998, notices were mailed to property owners, informing them of weed the
abatement requiremen s.
A public hearing reg a ing objections for parcels scheduled to be abated was held on April 28,
1998. At that meeting,the weed abatement contract was awarded to R& S Landscaping (Ryan
Packer), to abate parcels which were not in compliance by the property owners. Abatement work
began on June 8, 1998 and continued through July 13, 1998.
An itemized list of the weed abatement assessments were posted with the City Clerk and at Fire
Station#1 on July 23, 1998. A total of 156 parcels were abated.
FISCAL IMPACT:
No direct fiscal impac . The amount of$93,654.00 will be recovered through assessments placed
on property tax bills.
ALTERNATIVE
No alternative recommended.
RESPONSIBLEDEPARTMENT: Fire Department
ATTACHMENTS: Proposed Resolution No. 1998-028
Weed Abatement Assessments 1998
000062
i
RESOLUTION No.1998-028
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
CONFIRMING THE COST OF WEED ABATEMENT
WHEREAS, the Government Code of the State of California, Section 39500, et
seq., provides that cities may declare weeds a public nuisance for the purpose of Weed
Abatement; and
WHEREAS, the Atascadero City Fire Department did abate said nuisance within
the provision of the government Code,Section 39500,et seq.; and
WHEREAS, the cost of the work of abatement, including a 100% administrative
fee, as shown on the Preliminary Special Tax Listing for 1998/99 Tax Year was
submitted in accordance with Government Code Section 39574; and
WHEREAS, the Council of the City of Atascadero received the cost report and
held a hearing to receive objections of any property owners liable to be assessed for the
work of abatement.
NOW, THEREFORE, BE IT RESOLVED that the report of abatement cost is
confirmed as presented; and
BE IT FURTHER RESOLVED that the costs of abatement constitutes a special
assessment against the described parcels and shall be lien on the property in accordance
with Government Code Section 39577; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit to
the proper officials of the County a certified copy of the report for filing.
On motion by Council person and seconded by Council
person , the foregoing Resolution is hereby adopted in its entirety
on the following roll call vote:
AYES:
NOES: y
ABSENT:
ADOPTED:
000063
i
Resolution No.1995-028
Page 2
i
CITY OF ATASCA ERO
i
By:
HAROLD L. C 'RDEN III, Mayor
i
I
ATTEST:
MARCIA M. TORC ERSON,City Clerk
APPROVED AS TC FORM:
ROY A. HANLEY,City Attorney
APPROVED AS TC CONTENT:
MICHAEL P. McC IN, Fire Chief
i
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0000'75
ITEM NUMBER: C - 1
DATE: 07/28/98
1918 ! 19 8
City Manager's Agenda Report
Wade G. McKinney
Local Guidelines for the Implementation of the
California Environmental Quality Act
RECOMMENDATION:
The Planning Commission recommends the City Council adopt Resolution 1998-032 rescinding
Resolution No. 1-86 and approving revised Local Guidelines for the Implementation of the
California Environmental Quality Act.
DISCUSSION:
SS ON
Anal.
The California Environmental Quality Act (CEQA) requires that in addition to the State CEQA
Guidelines, each 'local agency must prepare and adopt local guidelines for CEQA
implementation. ThiE City last adopted local CEQA guidelines in January of 1986. Since that
date, numerous legislative revisions to the Act and judicial interpretations of both the Act and the
State Guidelines have occurred.
The Planning Commission reviewed and discussed revised draft local Guidelines at their meeting
of June 16 and again on July 7, 1998. At the conclusion of their July meeting, the Commission
adopted Resolution PC 1998-018 recommending that the City Council adopt the revised local
CEQA Guidelines.
Conclusion:
The attached revised l cal Guidelines for the Implementation of CEQA address the revisions that
have been made to CEQA and the State Guidelines. Adoption of the revised local guidelines will
bring the City into conformance with the State mandate for such locally adopted guidelines.
FISCAL IMPAC
None
0000'76
ITEM NUMBER: C - 1
DATE: 07/28/98
RESPONSIBLE DEPARTMENT: Community Development -
ATTACHMENTS: Draft Resolution 1998-032
City of Atascadero CEQA Guidelines
Resolution PC 1998-018
Planning Commission Minutes -June 16, 1998
0000'7'7
RESOLUTION NO. 1998-032
A RESOLUT101 i OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ADOPTING REVISED LOCAL GUIDELINES FOR THE EMPLEMENTATION
OF THEE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Section 21082 of the Public Resources Code requires that each agency adopt
local objectives, criteria, and procedures for the implementation of the California Environmental
Quality Act; and
WHEREAS, thD Planning Commission of the City of Atascadero, at its regularly
scheduled meetings on June 16, 1998 and July 7, 1998, studied, considered, and recommended
adoption of revised local Guidelines for the Implementation of the California Environmental
Quality Act; and
WHEREAS, th City Council has determined that it is in the best interest of the City to
enact these amendmen to the local CEQA Guidelines to protect the health, safety and welfare of
its citizens by ensuring compliance with State goals for environmental reporting and
documentation for projects proposed within the City; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA)have been adhered to;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby rescinds
Resolution No. 1-86.
BE IT FURTHER RESOLVED that the City Council hereby adopts the attached revised
local Guidelines for the Implementation of the California Environmental Quality Act.
On motion by and seconded by
following roll call vote: the foregoing resolution is hereby adopted in its entirety by the
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
HAROLD L. CARDEN III, Mayor
0000'78
RESOLUTION NO. 1998-032
PAGE 2
ATTEST:
MARCIA TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
0000'79
ITY O.F ATASCADERO
CEQA GUIDELINES
:0
FOUNDED
- I
1915 19 8
6500 PALMA AVENUE
ATASCADERO, CA 93422
July 1998
000080
CITY OF ATASCADERO
ENVIRONMENTAL QUALITY ACT GUIDELINES -
Table of Contents
Page
Chapter 1 - Purpose and Authority 1
Chapter 2 - Definitions 2
Chapter 3 - Public Participation 5
Chapter 4 - Activities Exempt From CEQA 5
Chapter 5 - Initial Review 8
Chapter 6 - Negative Declarations 10
Chapter 7 - Expanded Initial Studies 11
Chapter 8 - Environmental Impact Reports 12
Chapter 9 - Noticing 14
Chapter 10 - Appeals 14
Chapter 11 - Mitigation Monitoring 15
Chapter 12 - Interagency Review 15
City of Atascadero CEQA Guidelines
000081
CITY OF ATASCADERO
ENVIRONMENTAL QUALITY ACT GUIDELINES
CHAPTER 1 PURPOSE AND AUTHORITY
Section 1.0 The purpose of these Guidelines is to provide definitions,
procedures criteria and objectives for the implementation of the California
Environmental Quality Act(Public Resources Code Section 21000 et. seq., CEQA).
Section 1.1 These Guidelines are intended to facilitate City compliance with
CEQA and standardize procedures for the evaluation of projects and the
preparation of environmental documents when the City of Atascadero is the Lead,
Responsibl or Reviewing agency under CEQA.
Section 1.2These Guidelines are adopted by the City Council of the City of
Atascadero pursuant to Section 21082 of the Public Resources Code. These
Guidelines supplement the State CEQA Guidelines (California Code of Regulations,
Title 14. Natural Resources, Sections 15000 et seq.). The State CEQA Guidelines,
as they ma I be amended from time to time, including definitions and appendices,
are incorpo ated by reference herein as'though set forth in full. Where the State
CEQA Guidelines are more restrictive, the State Guidelines shall supersede any
inconsisteril provisions of these City Guidelines.
Section 1.3 The City shall comply with all mandatory provisions of the State
CEQA Guidelines applicable to local government agencies. Copies of the State
CEQA Guidelines and these City Guidelines shall be made available for inspection
in the Community Development Department during regular business hours.
Section 1.4 The State CEQA Guidelines encourage local governmental agencies
to reduce d-'ay and pap:;r%&ork by, among other things:
a) Integrating the CEQA process into early planning;
b) Iden ifying projects which fit within categorical or other exemptions and are
therefore exempt from CEQA processing;
c) Using initial studies to identify significant environmental issues and to narrow
the cope of EIR's;
d) Using a Negative Declaration when a project not otherwise exempt will not
have a significant effect on the environment;
e) Consulting with state and local responsible agencies before and during the
preparation of an EIR so that the document will meet the needs of all the
agencies which will use it;
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f) - Allowing applicants to revise projects to eliminate possible significant effects
on the environment, thereby enabling the project to qualify for a_Negative .
Declaration rather than an EIR;
g) Integrating CEQA requirements with other environmental review and
consultation requirements;
h) Emphasizing consultation before an EIR is prepared, rather than submitting
adverse comments on a completed document;
i) Combing environmental documents with other documents, such as general .
plans;
j) Eliminating repetitive discussions of the same issues by using EIR's on
programs, policies or plans and tiering from statements of broad scope to
those of narrower scope;
k) Preparing analytic., rather than encyclopedic EIR's;
1) Limiting discussion of insignificant issues to explain why they are not
significant;
m) Writing EIR's in plain language that is understandable by decision makers
and the public;
n Establishing and following a clear form
at for EIR's;
o) Emphasizing the portions of the EIR that are useful to decision-makers and
the public and reducing emphasis on background material;
p) Summarizing and incorporating publicly available information by reference;
and
q) Making comments on EIR's prepared by other agencies as specific as
possible.
CHAPTER 2 DEFINITIONS
Section 2.0 The following words and phrases, where not defined in the State
CEQA Guidelines, shall have the meaning ascribed to them in these definitions.
These definitions are intended to clarify the City process by supplementing
definitions used in the State CEQA Guidelines:
"Applicant" shall mean the person, entity, or public agency that proposes a
project.
"Approval" means a decision by the decision making body or other
authorized body or officer of the City which commits the City to a definite
course of action with regard to a particular project. With regard to any
project to be undertaken directly by the City, approval shall be deemed to
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occu on the date when the decision making body adopts a motion or
resol tion determining to proceed with the project, which in no event_shall be
later than the date of adoption of plans and specifications. As to private
projects, approval shall be deemed to have occurred upon the earliest
commitment to provide service or the issuance by the City of a discretionary
contract, subsidy, or other form of financial assistance, lease, permit,
license, certificate, or other entitlement for use of the project. The mere
acqu sition of land by the City shall not, in and of itself, be deemed to
constitute approval of a project.
For purposes of these Guidelines, all environmental documents must be
completed as of the time of project approval.
"Categorical Exemption" means an exception from the requirement of
preparing a Negative Declaration or an EIR, based on a finding by the
Secretary for Resources that the class of projects does not have a
significant effect on the environment.
"CE A" shall mean the California Environmental Quality Act, found in
Public Resources Code Sections 21000 et seq.
"Cit means the City of Atascadero, California
"Decision Making Body" means the body within the City, i.e., City Council
or Panning Commission, with final approval authority over the particular
project. (See "Approval')
"Discretionary Project" means a project for which approval requires the
exercise of independent judgment, deliberation, or decision-making on the
part of the City.
"Environmental Coordinator" is the Community Development Director, or
his/her designee, to make environmental determinations and
recor imenclations, manage the environmental review process and review
envir nmental documents submitted to the City by federal, state, or local
age n ies.
"Environmental Impact Report" or "EIR" shall mean an Environmental
Impact Report as defined in Article 20 of the State CEQA Guidelines, unless
otherwise specified, shall also mean an Addendum to an EIR, Supplement
to an EIR, a Program EIR, Subsequent EIR, or Master EIR.
"Expanded Initial Study shall mean an in-depth analysis of specific
envir nmental issues, conducted by qualified and recognized experts in the
field( ) of study, for the purpose of determining whether a proposed project
qualifies for a Negative Declaration or should be subject to the preparation
of an Environmental Impact Report.
"Initial Study" means a preliminary analysis conducted by the City to
determine whether an EIR or a Negative Declaration must be prepared or to
ident fy the significant environmental effects to be analyzed in an EIR.
City of Atascadero -3- CEQA Guidelines 000084
"Mitigated Negative Declaration" means a Negative Declaration_prepared .
for a Project when the Initial Study has identified potentially significant
effects on the environment, but (1) revisions in the project plans or
proposals made by, or agreed to by, the applicant before the proposed
Negative Declaration and Initial Study are released for public review would
avoid the effects or mitigate the effects to a point where clearly no significant
effect on the environment would occur, and (2) there is no substantial
evidence in light of the whole record before the public agency that the
project, as revised, may have a significant effect on the environment.
"Negative Declaration" means a written statement by the City briefly
describing the reasons that a proposed project, not exempt from CEQA, will
not have a significant effect on the environment and, therefore, does not
require the preparation of an EIR.
The "next available City Council meeting" shall be the first City Council
meeting which has available space on the agenda and which allows for
sufficient time for the Environmental Coordinator to analyze the issues,
prepare the appropriate reports and exhibits, and publish and give the
notices required by these Guidelines.
"Notice of Completion" means a brief report filed with the Office of
Planning and Research by the City when it is the Lead Agency as soon as it
has completed a Draft EIR and is prepared to send out copies for review.
"Notice of Determination" means a brief notice to be filed by the City when
it approves or determines to carry out a project which is subject to the
requirements of CEQA.
"Notice of Exemption" means a brief notice which may be filed by the City
when it has approved or determined to carry out a project, and it has
determined that the project is exempt from the requirements of CEQA. Such
a notice may also be filed by an applicant where such a determination has
been made by a public agency which must approve the project.
"Notice of Preparation" means a brief notice sent by a Lead Agency to
notify the Responsible Agencies and Trustee Agencies that the Lead
Agency plans to prepare an EIR for a project. The purpose of this notice is
to solicit guidance from such agencies as to the scope and content of the
environmental information to be included in the EIR.
"Project" means the whole of an action or activity which may cause either a
direct physical change in the environment, or a reasonably foreseeable
indirect change in the environment, and is any of the following:
a) A discretionary activity directly undertaken by the City including but
not limited to public works construction and related activities, clearing
or grading of land, or improvements to existing public structures.
City of Atascadero _ -4- CEQA Guidelines 000085
) A discretionary activity involving the issuance to a person of a lease,
permit, license, certificate, or other entitlement for use by one or
more public agencies, or which is supported, in whole or in part,
through contracts, grants, subsidies, loans or other forms of
assistance by the City.
) A discretionary project proposed to be carried out or approved by
public agencies, including but not limited to the enactment and
amendment of local General Plans or elements thereof, the
enactment or amendment of zoning ordinances, the issuance of
variances, the issuance of conditional use permits, and the approval
of tentative subdivision maps.
The presence of any real degree of control over the manner in which a
project is completed makes it a discretionary project.
The term project refers to the activity which is being approved and which
may be subject to several discretionary approvals by governmental
agencies. The term project does not mean each separate governmental
approval.
"Sig rifficant effect" generally means a substantial or potentially substantial
adverse change in the physical environment. The definition of "significant
effect" must remain flexible because the significance of an activity may vary
with he physical setting of the project.
"State CEQA Guidelines" shall mean California Code of Regulations, Title
14. Natural Resources, Section 15000 et seq.
CHAPTER 3 PUBLIC PARTICIPATION
Section 3.0 The Environmental Coordinator shall take prudent action necessary
to ensure that the City environmental review process for all projects is open to
public participation.
Section 3.1 Upon request, the Environmental Coordinator or designee will meet
and confer with any person to discuss the status and progress of the environmental
review process for any project.
Section 3.2 During the environmental review process, any person may submit
information of an environmental nature which is germane to the project under
review for consideration by the Environmental Coordinator.
CHAPTER 4 ACTIVITIES EXEMPT FROM CEQA
Section 4.0 CEQA applies to discretionary projects proposed to be carried out or
approved by public agencies. If the proposed activity does not come within the
definition of"project", it is exempt from CEQA review.
City of Atascadero -5- CEQA Guidelines 000086
"Project" does not include:
a) Anything specifically exempted below or by State law.
b) Proposals for legislation to be enacted by the State Legislature.
c) Continuing administrative or maintenance activities, such as purchases for
supplies, personnel-related actions, general policy and procedure making,
feasibility or planning studies.
d) The submittal of proposals to a vote of the people.
e) The creation of government funding mechanisms or other government fiscal
activities which do not involve any commitment to any specific project which
may have a potentially significant physical impact on the environment.
Section 4.1 A ministerial project is exempt from CEQA review. This is a project
undertaken or approved by the City upon a given set of facts, in a prescribed
manner, and in obedience to statute, ordinance, regulation or other legal mandate.
A ministerial project is one in which the City officer or employee has no power to
exercise personal judgment or opinion as to the method in which the project will be
carried out. CEQA review would be irrelevant for a ministerial project, because the
City must act in a preordained way regardless of environmental impacts. The
decision whether a proposed project is ministerial in nature may involve or require,
to some extent, interpretation of the language of the legal mandate, and should be
made on a case-by-case basis. Ministerial projects include, but are not limited to:
a) Issuance of business licenses;
b) Approval of final subdivision maps and final parcel maps;
c) Approval of individual utility service connections and disconnections;
d) Issuance of licenses;
e) Issuance of a permit to do street work;
f) Issuance of building permits where the City does not retain significant
discretionary power to modify or shape the project.
Where a project involves an approval that contains elements of both a ministerial
and discretionary nature, the project will be deemed to be discretionary nature, the
project will be deemed to be discretionary and subject to the requirements of
CEQA.
Section 4.2 CEQA and the State CEQA Guidelines exempt certain activities and
provide that local agencies shall further identify and describe certain exemptions.
The requirements of CEQA and the obligation to prepare an EIR, a Negative
Declaration or Mitigated Negative Declaration do not apply to the exempt activities
which are set forth in CEQA, the State Guidelines and this Chapter.
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00008'7
Section 4.3 If, in the judgment of Staff, a proposed activity is exempt, Staff
should prepare a preliminary Notice of Exemption. The preliminary ,Notice of
Exemption shall be retained at City Hall as a public record.
Section 4.4 Where it can be seen with absolute certainty that there is no
possibility that the activity in question may have a significant effect on the
environment, the activity is exempt.
Section 4.5 The following types of emergency projects are exempt:
a) Work in a disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Section 8550 of the Government
Code.
b) Emergency repairs to public service facilities necessary to maintain service.
c) Specific actions necessary to prevent or mitigate an emergency.
d) Projects undertaken within one year of damage to maintain, repair, or
restore an existing public highway, street or road within the existing right-of-
way, except for a highway designated as an official state scenic highway.
Section 4.6 A project which involves only feasibility or planning studies for
possible future actions which the City has not yet approved, adopted or funded is
exempt.
Section 4.7 The State Guidelines establish certain classes of categorical
exemptions. These apply to classes of projects which have been legislatively
determined not to have a significant effect on the environment and which, therefore,
are exempt.
Class 1 Existing Facilities.
The operation, repair, maintenance or minor alteration of existing public or
private structures, facilities, equipment or other property of every kind, which
involves negligible or no expansion of use beyond that previously existing.
(State Guidelines Section 15301.)
Class 2 Replacement or Reconstruction.
Replacement or reconstruction of existing facilities, structures, or other
property where the new facility or structure will be located on the same site
as tie replaced or reconstructed facility or structure and will have
subs 6antially the same purpose and capacity as the replaced or
reconstructed facility or structure. (State Guidelines Section 15302.)
Class 3 New Construction or Conversion of Small Structures.
Con truction of limited numbers of small new facilities ors structures uctures and
insta lation of small, new equipment or facilities in small structures, and the
conv rsion of existing small structures from one use to another where only
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000088
- minor modifications are made in the exterior of the structure. This
exemption includes structures built for both residential and commercial uses.
(The maximum number of structures allowable under this exemption is set
forth in State Guidelines Section 15303.)
Class 4 Minor Alterations to Land.
Minor alterations in the condition of land, water, and/or vegetation which do
not involve removal of mature or scenic trees. (State Guidelines Section
15304.)
Class 5 Minor Alterations in Land Use Limitations.
Minor alterations in land use limitations in areas with an average slope of
less than 20% which do not result in any changes in land use or density.
(State Guidelines Section 15305.)
Class 6 Information Collection.
Basic data collection, research, experimental management, and resource
evaluation activities which do not result in a serious or major disturbance to
an environmental resource (State Guidelines Section 15306.)
Class 7 Actions by Regulatory Agencies for Protection of Natural
Resources.
Actions taken by regulatory agencies as authorized by state law or local
ordinance to assure the maintenance, restoration, or enhancement of a
natural resource where the regulatory process involves procedures for
protection of the environment. (State Guidelines Section 15307.)
Class 8 Actions By Regulatory Agencies for Protection of the Environment.
Actions taken by regulatory agencies, as authorized by state or local
ordinance, to assure the maintenance, restoration, enhancement or
protection of the environment where the regulatory process involves
procedures for protection of the environment. (State Guidelines Section
15308.)
Class 9 Inspection.
Inspection activities, including but not limited to inquiries into the
performance of an operation and examinations of the quality, health or
safety of a project. (State Guidelines Section 15309.)
CHAPTER 5 INITIAL REVIEW
Section 5.0 Any project undertaken or to be approved by the City which may be 0
subject to CEQA shall first be reviewed by the Environmental Coordinator to
determine:
City of Atascadero -8- CEQA Guidelines 000089
a) -Whe her or not it is a project;
b) Whe her or not it is a project statutorily or categorically exempt from CEQA,
or:
c) Whe her or not it is a project where it can be seen with certainty that there is
no possibility that it may have a significant effect on the environment.
Statutory exemptions are defined in Article 18 of the State CEQA Guidelines.
Categorical exemptions are those listed in Article 19 of the State CEQA Guidelines.
General Rul Exemptions are defined in section 15061(b)(3) of the State CEQA
Guidelines. If it is determined that the activity is exempt, the Environmental
Coordinator may prepare and file a Notice of Exemption with the County Clerk.
Section 5.1 Any applicant may waive the determination as to whether there is' a
potentially significant effect on the environment and voluntarily agree to the
preparationof an EIR. A written waiver shall accompany a request for preparation
of an EIR wi hout an environmental determination.
Section 5.If ' is determined that the activity is not exempt and the applicant has not
waived the r ght to an environmental determination, the Environmental Coordinator
shall request, and the applicant shall supply, data and information sufficient to
conduct an nitial Study pursuant to the State CEQA Guidelines. A fee may be
charged for he preparation of the Initial Study, the amount of which will be set by
ordinance of the City Council. Failure of the applicant to supply sufficient
information or fees required is a ground for disapproval of the project.
Section 5.3 Based upon the Initial Study, the Environmental Coordinator shall
take one of the following actions:
a) If there is no substantial evidence that a project, not otherwise exempt, may
have a significant effect on the environment, or if revisions in a project have
been made by or agreed to by the applicant to a point where clearly no
significant effects on the environment would occur and there is no
substantial evidence that the project as revised may have a significant effect
on the environment, a draft Negative Declaration shall be issued.
b) If the Initial Study indicates that additional in-depth or more detailed
information is necessary to clarify a project's potential environmental
impacts, or if additional analysis would, in the opinion of the Environmental
Coordinator, result in the development of feasible mitigation measures for
potentially significant impacts posed by the project, an Expanded Initial
Study shall be prepared.
c) If the Initial Study reveals substantial evidence.that any aspect of a project,
eithe individually or cumulatively, may cause a significant effect on the
environment, an Environmental Impact Report shall be prepared.
Section 5.4 When an applicant fails to provide the information
required pursuant
q
to the State EQA Guidelines and these Guidelines, the Environmental Coordinator
may return he project to the applicant without an environmental determination.
City of Atascadero -9- CEQA Guidelines 000090
Written notice of this action by the Environmental Coordinator shall be given to the
applicant and any person who requested notice concerning the project.
CHAPTER 6 NEGATIVE DECLARATIONS
Section 6.0 When a proposed Negative Declaration is to be prepared, the
following procedures and those procedures which are mandatory in CEQA and
Article 6 of the State CEQA Guidelines shall be followed.
Section 6.1 A proposed Negative Declaration shall be prepared by the
Environmental Coordinator, or by a consultant under contract to the City.
Section 6.2 Where the identification of mitigation measures enables an applicant
to modify a project during the Initial Study to mitigate all potentially significant
impacts, a Negative Declaration incorporating those mitigation measures into the
project description shall be prepared.
Section 6.3 All mitigation measures forming the basis of a finding of no
significant impact must be accepted by the applicant and incorporated into the
project description before a draft Negative Declaration is found adequate.
Section 6.4 Upon completion of the draft Negative Declaration, the document
shall be posted for public review and the project shall be processed on the basis of
the draft Negative Declaration. No final action shall be taken on a project until
completion of the public review period required by CEQA.
Section 6.5 Upon request, each member of the Planning Commission and/or City
Council and any other person or agency shall be sent a copy of the draft Negative
Declaration. The Environmental Coordinator may charge a fee which is reasonably
related to the costs of providing this service, the amount of which will be set by
ordinance of the City Council
Section 6.6 Any person may submit comments, either orally or in writing, in
response to a draft Negative Declaration. All comments on a project which raise
environmental issues shall be forwarded to the Environmental Coordinator for
review and response. The Environmental Coordinator shall respond to all written
comments provided that:
a) The comments raise environmental issues; and,
b) Sufficient time to prepare adequate responses and include them in the
project staff report(s) is available prior to the scheduled public hearing or
date of approval of the permit or project.
c) Comments that do not raise environmental issues will be acknowledged but
not necessarily responded to in the Final Negative Declaration.
When no public hearing is required for the project, the Environmental Coordinator's
written responses shall be forwarded to the person submitting the comments, the
applicant, and the project decision maker(s).
City of Atascadero - 10- CEQA Guidelines 000091
Section 6.7 If the Environmental Coordinator determines that the facts or-basis of .
written or oral comments raise important environmental issues which have not been
appropriately addressed in the proposed Negative Declaration, the Environmental
Coordinator shall do any or all of the following, as necessary:
a) Identify feasible mitigation measures or project changes that would mitigate
any new significant environmental impacts identified in the comments.
b) Revise the proposed Negative Declaration to respond to the comments.
c) Withdraw the draft Negative Declaration pending further analysis.
d) Recommend the preparation of an EIR.
Section 6.8 Prior to making a recommendation to the City Council on a project for
which a Negative Declaration has been prepared, an advisory body, including the
Planning Commission, shall consider the draft Negative Declaration, together with
any comments received during the public comment period.
Section 6.9 Prior to making a decision to carry out or approve a project for which
a draft Negative Declaration has been prepared, the decision maker(s) shall
consider the. draft Negative Declaration together with any comments received
during the public review process. The decision maker(s) shall find the Negative
Declaration to be adequate if it is found, on the basis of the Initial Study and all
comments received during the public comment period, that there is no substantial
evidence that the project will have a significant effect on the environment.
CHAPTER 7 EXPANDED INITIAL STUDIES
Section 7.0 Whenever the Environmental Coordinator determines that the
preparation of an Expanded Initial Study is required, the Environmental Coordinator
shall notify the project applicant and request that the applicant agree to processing
of the Expa ided Initial Study pursuant to these guidelines. If the applicant does not
agree to process an Expanded Initial Study for the project, the Environmental
Coordinator may deem the application incomplete and return it to the applicant.
When an E panded Initial Study is required, the procedures in this article shall be
followed.
Section 7.1 The Environmental Coordinator shall require, and the applicant shall
provide, information sufficient to describe the project, the project's purpose and
objectives, and the project location. Failure of the applicant to supply sufficient
information to process the Expanded Initial Study may result in disapproval of the
proposed p oject. In addition to information required from the applicant by the
Environmental Coordinator, an applicant may submit additional information in any
format to aid in the preparation of the Expanded Initial Study. The Environmental
Coordinator shall determine how and to what extent the applicant's information
should be used. The Environmental Coordinator shall not endorse any information
prepared by or under contract to the applicant without first conducting sufficient
independent analysis to determine that the information is complete, accurate, and
City of Atascadero - 11 - CEQA Guidelines
000092
can be presented to the public without.question as to any actual or perceived
conflict of interest on the part of the author of the information. - -
Section 7.2 At the Environmental Coordinator's discretion, an Expanded Initial
Study shall be prepared by an outside consultant under contract to the City or
directly by the City. The applicant shall be liable for all consultant costs related to
the preparation of the Expanded Initial Study.
Section 7.3 When the Expanded Initial Study is to be prepared by a consultant,
an estimate for the cost of the preparation of the Expanded Initial Study will be
secured by the Environmental Coordinator from consultants determined by the
Environmental Coordinator to be qualified. Expanded Initial Study consultant
contracts shall not be awarded to consultants that have any other involvement in
the same project. The Environmental Coordinator shall be satisfied that any
consultant preparing an Expanded Initial Study can provide an independent,
objective and unbiased document.
Section 7.4 Costs estimated for the Environmental Coordinator's processing of
the Expanded Initial Study shall be included in the fees required of the applicant,
the amount of which shall be set by an Ordinance of the City Council. Additional
fees shall be required if additional information is determined to be necessary by the
Environmental Coordinator.
Section 7.5 On all projects undertaken by the City for which an Expanded Initial
Study is required, the Environmental Coordinator will determine who should prepare
the Expanded Initial Study, after conferring with the Director of the City Department
carrying out the project.
Section 7.6 The Environmental Coordinator shall negotiate any contracts or
purchase requisitions for the preparation of an Expanded Initial Study. Unless
otherwise authorized by purchase requisition, all such contracts shall be approved
by the City Council
Section 7.7 Based upon the results of the Expanded Initial Study, the
Environmental Coordinator shall take one of the following actions:
a) Prepare and issue a proposed Negative Declaration; or,
b) Prepare and issue a draft Mitigated Negative Declaration; or,
c) Recommend the preparation of an Environmental Impact Report.
CHAPTER 8 ENVIRONMENTAL IMPACT REPORTS
Section 8.0 Whenever the Environmental Coordinator determines that there is
substantial evidence that any aspect of a project, either individually or cumulatively,
may cause a significant effect on the environment, regardless of whether the overall
effect of the project is adverse or beneficial, the Environmental Coordinator shall
notify the project applicant and request that the applicant agree to processing an
EIR pursuant to these Guidelines. If the applicant does not agree to process an
City of Atascadero - 12- CEQA Guidelines
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EIR for the project, the Environmental Coordinator shall recommend to the Planning
Commission and/or City Council that the project be disapproved.
Section 8.1 When an EIR is required, the procedures in this Article and those
procedures which are mandatory in Article 7 of the State CEQA Guidelines shall be
followed.
Section 8.2 The Environmental Coordinator shall require, and the applicant shall
provide, information sufficient to describe the project, the project's purpose and
objectives, and the project location. In addition to information required from the
applicant by the Environmental Coordinator, an applicant may submit additional
information in any format to aid in the preparation of the draft EIR. The
Environmental Coordinator shall determine how and to what extent the applicant's
information should be used. The Environmental Coordinator shall not endorse any
information prepared by or under contract to the applicant without first conducting
sufficient independent analysis to determine that the information is complete,
accurate, arid can be presented to the public without question as to any actual or
perceived conflict of interest on the part of the author of the information.
Section 8.3 At the Environmental Coordinator's discretion, an EIR, EIR
Addendum, Supplement or similar document shall be prepared by an outside
consultant under contract to the City or directly by the City. The applicant shall be
liable for all consultant costs related to the preparation of the EIR.
Section 8.4 An estimate for the cost of the preparation of the EIR will be secured
by the Environmental Coordinator from consultants determined by the
Environmental Coordinator to be qualified. EIR consultant contracts shall not be
awarded to consultants that have any other involvement in the same project. The
Environmental Coordinator shall be satisfied that any consultant preparing an EIR
can provide an independent, objective and unbiased document.
Section 8.5 Costs estimated for the Environmental Coordinator's processing of
the EIR sha I be included in the fees required of the applicant, the amount of which
shall be set by ordinance of the City Council. Additional fees shall be required if
additional i iformation is determined to be necessary by the Environmental
Coordinator Failure of the applicant to supply sufficient information to process the
EIR or fees equired are grounds for disapproval of the project.
Section 8.6 On all projects undertaken by the City for which an EIR is required,
the Environmental Coordinator will determine who should prepare the EIR, after
conferring with the Director of the City Department carrying out the project.
Section 8.7 The Environmental Coordinator shall negotiate any contracts or
purchase requisitions for the preparation of an EIR. Unless otherwise authorized by
purchase re juisition, all such contracts shall be approved by the City Council.
Section 8.8 The content of an EIR shall be governed by the requirements of the
State CEQA Guidelines.
Section 8.9 The final EIR shall be presented to the decision-maker(s) at a public
hearing. Prior to final approval of the project, the decision-maker(s) shall certify that
City of Atascadero - 13- CEQA Guidelines 000094
the final EIR has been completed in compliance with CEQA and the State CEQA
Guidelines and that the decision-maker(s) have reviewed and considered_the
information contained in the final EIR prior to approval of the project.
Section 8.10 The Environmental Coordinator shall provide the decision-maker(s)
with recommended Findings pursuant to CEQA and the State CEQA Guidelines.
Prior to approval of the project, the decision maker(s) shall adopt Findings required
by CEQA and the State CEQA Guidelines.
CHAPTER 9 NOTICING
Section 9.0 The Environmental Coordinator shall cause public notice of all
proposed actions requiring such notice to be given as required by CEQA and the
State CEQA Guidelines.
Section 9.1 After a decision to certify as adequate a Negative Declaration for a
project has been made, the Environmental Coordinator shall file a Notice of
Determination on behalf of the lead agency pursuant to the State CEQA Guidelines.
Section 9.2 After a decision to certify a final EIR has been made, the
Environmental Coordinator shall file a Notice of Determination with the County Clerk
which shall contain the information required in State CEQA Guidelines.
CHAPTER10 APPEALS
Section 10.0 Any person may appeal the determination of the Environmental
Coordinator that a project is exempt or non-exempt from the provision of CEQA, the
State Guidelines, and these Guidelines. Appeals shall be made to the decision-
making body which has final authority for approval or disapproval of the specific
type of project. Appeals shall be filed, in writing, with the Environmental
Coordinator, no later than thirty-five (35) days following the date upon which the
Notice of Exemption is filed. Immediately upon receipt of such an appeal, the
Environmental Coordinator shall notify the applicant and the appellant of the date at
which the decision-making body will consider the appeal.
Section 10.1 Any person may appeal the determination of the Environmental
Coordinator that a project will not have a significant affect on the environment and
that a Negative Declaration will be prepared, or that a project may have a significant
affect on the environment and that an Environmental Impact Report will be required.
Appeals shall be made to the decision-making body which has final authority for
approval or disapproval of the specific type of project. Appeals shall be filed, in
writing, with the Environmental Coordinator no later than twenty-one (21) days
following:
a) The date of posting of the Negative Declaration.
b) Mailing of written notice to the applicant that an EIR is required.
City of Atascadero - 14- CEQA Guidelines
000095
Immediately upon receipt of such an appeal, the Environmental Coordinator shall
notify theapplicant and the appellant of the date at which the decision-making body
will consider the appeal.
No final decision to approve or disapprove a project shall be made prior to a final
decision on the appeal.
CHAPTER 11 MITIGATION MONITORING
Section 11.0 The Environmental Coordinator shall conduct mitigation monitoring
and reporting pursuant to CEQA and the State CEQA Guidelines.
Section 11.1 Costs incurred by Environmental Coordinator for mitigation
monitoring shall be included in the fees required of the applicant, the amount of
which shall be set by ordinance of the City Council. Additional fees beyond the
original amount shall be required if additional monitoring is determined to be
necessary b the Environmental Coordinator.
CHAPTER 12 INTERAGENCY REVIEW
Section 12.c From time to time, other agencies may send copies of proposed
Negative Declarations or draft EIR's to the City for review and comment. Any
agency or C ty Department subject to these Guidelines shall forward copies of such
documents to the Environmental Coordinator immediately upon receipt. The
Environmental Coordinator shall determine whether the City is a Responsible or
Reviewing agency for the project in question, and shall coordinate the appropriate
City response to the draft Negative Declaration or draft EIR.
City of Atascadero - 15- CEQA Guidelines
000096
RESOLUTION NO. PC 1998-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF _
ATASCADERO RECOMMENDING THAT THE CITY COUNCIL ADOPT REVISED
LOCAL GUIDELINES FOR THE IMPLEMENTATION OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Planning Commission of the City of Atascadero, at its regularly
scheduled meetings on June lb, 1998 and July 7; 1998, studied and considered revised local
Guidelines for the Implementation of the California Environmental Quality Act; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact these amendments to the local CEQA Guidelines to protect the health, safety and
welfare of its citizens by ensuring compliance with State goals for environmental reporting and
documentation for projects proposed within the City; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA)have been adhered to;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Atascadero, in a regular session assembled on July 7, 1998, resolved to recommend that the City
Council adopt the attached revised local Guidelines for the Implementation of the California
Environmental Quality Act.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner Eddings and seconded by Commissioner Arrambide the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Commissioners Eddings, Clark, Arrambide, and Sauter
NOES: Commissioners Hageman and Fonzi
ABSENT: Commissioner Zimmerman
ADOPTED: July 7, 1998
CITY OF ATASCADERO
X4Ircam:.
L SA Vice-Chairman
Attes
P'AUIL M. SALDANA
Community Development Director
00009'7
MINUTES EXCERPTS
JUNE 16; 1998
Planning Commission Meeting -June 16, 1998
Page Five of Eight
B. PUBLIC HEARINGS - None
C. STAFF ANNOUNCEMENTS & REPORTS
Consideration of rev sed local Guidelines for the Implementation of the California
Environmental Quali y Act (CEQA). (Staff recommendation: Approve
Resolution No. PC 1 98-18 recommending that the City Council adopt revised
local Guidelines fort a implementation of the California Environmental Quality
Act.)
STAFF RECOMMENDATION: (Steve DeCamp)
Staff recommends that the Commission:
Approve Resolution i PC 1998-18 recommending that the City Council adopt revised
local Guidelines for a Implementation of the California Environmental Quality Act.
1. Consideration of revised local Guidelines for the Implementation of the California
Environmental Quality Act (CEQA). (Staff recommendation: Approve Resolution
No. PC 1998-18 recommending that the City Council adopts revised local
Guidelines fol,the Implementation of the California Environmental Quality Act.)
Steve DeCamp provided the staff report explaining the State requirements for the
adoption of local guidelines and responded to questions and suggestions from the
Commission.
Commissioner Hae an—asked Steve to clarify 104 h) and i). She said she has
problems with Section 104; she urged that the City include as much background
material as possible so that the public and the decision makers have all the information
available. She stated that the whole purpose of CEQA was to encourage local
governmental agencies to give the public an opportunity to comment and to make sure
that actions carefullyconsider all the relevant information and to avoid or reduce
potential harm to the environment when it's feasible. It seems to her that 104 is saying
"let's just make thiseasy". Commissioner Hageman compared the City's Guidelines
with the State Guidelines; stating that she didn't think that the intent of 104 was going
to serve the City; she feels that the City needs to be a little more careful in its'
consideration of CE A. Discussion continued on comparison of State and suggested
City Guidelines.
000098
MINUTES EXCERPTS
JUNE 16 , 1998
Planning Commission Meeting -June 16, 1998
Page Six of Eight
Chairman Zimmerman - had questions regarding Sections 605, 200, 104 k), m) and q).
He suggested that the definition "Approval"was perhaps too wordy and asked for
clarification of Section 301:
Commissioner Clark - said that with regards to Section 803, he wasn't clear on the
process for picking consultant's. Steve explained the process.
Commissioner Clark asked Gary about the CEQA conference he had attended in Santa
Barbara. Gary said that the purpose was to keep the Cities up to date before the State
posts changes; to keep them informed on judicial decisions and possible changes due
to the court rulings.
Commissioner Fonzi - said she had problems with some of the ufuzzym language and
that some of the terms seem rather subjective. She felt that 104 k) should be more
clear and that 104 q) should include the location of where the documents can be
accessed by the public. She also would like the words "significant" or"insignificant"
defined in the definitions section and would like to see Section 405 strengthened by
additional wording or clarification. In Section 606, Commissioner Fonzi said it would be
her preference that the Environmental Coordinator respond to "all" written comments.
There was discussion between the Commissioner's on whether this document was
"user friendly".
Steve stated that the comments and questions raised by the Commission have been
worthy. Staff will take the document back and address these issues and then bring it
back for Commission's reconsideration.
TESTIMONY:
Rush Kolmaine - expressed his appreciation to the members of the Commission for
diligence in doing their homework, and agreed with the Commission on the changes
they had suggested.
. . . . .end of public testimony. . . . .
2. Discussion of the Zoning Ordinance Update.
Paul Saldana led the discussion, informing the Commission that there will be a study
session on the Zoning Ordinance Update on the 5 h Tuesday of this month (June 30,
000099
ITEM NUMBER: C - 2
DATE:_ 07/28/98
fila ® 1 97
City Manager's Agenda Report
Wade G. McKinney
Information Bulletin
A. AUGUST 4T "NIGHT OUT"
The Police Department will be participating in this national event. Between the hours of 7:00
p.m. and 10:00 p.m., Tuesday August 4t',the department will be conducting a"spot the burglar"
contest. People are encouraged to stay outside with their porch lights on and be neighborly. The
Police Department will have some suspicious looking characters around town and encourage
citizens to call a speci al number as they spot these individuals. The people with the most
accurate information will receive prizes. Community Services Technician Joy Butterfield is
coordinating the activities.
(See attached News Release and Rules for"Spot the Burglar" Contest)
B. EMPLOYEF UPDATE
James Riggio P/Time Reserve Firefighter Resigned 07/01/98
Javier Guillen P/Time Reserve Firefighter Resigned 07/01/98
Karl Krauss P/Time Reserve Firefighter Resigned 07/01/98
Sarah Halderman P/Time Scorekeeper Hired 06/29/98
Alan Lanier P/Time Reserve Firefighter Hired 07/06/98
Katie Lawrence P/Time Lifeguard Resigned 07/07/98
Justine McIntire P/Time Lifeguard Resigned 07/07/98
Jodi Balaris P/Time Lifeguard Inactive/Separated 07/07/98
Hollie Franklin P/Time Lifeguard Inactive/Separated 07/07/98
Jeffrey Haffler P/Time Lifeguard Inactive/Separated 07/07/98
Katie Loftus P/Time Lifeguard Inactive/Separated 07/07/98
Erica Mclaughlin P/Time Lifeguard Inactive/Separated 07/07/98
Doug McLaughlin P/Time Lifeguard Inactive/Separated 07/07/98
James Mettier P/Time Recreation Leader Inactive/Separated 07/07/98
Joey Pulsifer P/Time Recreation Leader Inactive/Separated 07/07/98
Brett Witzel P/Time Scorekeeper Resigned 07/07/98
Scottie Dean P/Time Recreation Leader Hired 07/08/98
000100
POLICE SERVICES
CITY OE ATASCADERO
ril>F_RS.)R,ELEASE
NATIONAL NIGHT OUT--'AUGUST 4TH
ATASCADERO TO JOIN C><'ll'IES NATIONWIDE FOR=
"AMERICA'$NIGHT•OUT AGAINST CRIME"
On Tuesday, August 4h,neighborhoods throughout Atascadero are being invited to join
forces with thousands of communities nationwide for the"15'Annual National Night
Out"(NNO)crime/chug prevention event_National Night Out,which is sponsored by the.
National Association of Town Watch(NATW)and co-sponsored locally by Atascadero
Police Department,will involve over 9,000 communities from all 50 states,U.S.
territories,Canadian cities and military bases around the world: In all,over 30 million
people are expected to participate in `America's Night Out Against.Crime' on August 4 .
Once again this year, S.C.Johiason Wax is the lead"national corporate sponsor.NNO '98
is also supported in part by the:U.S.Department of Justice, Bureau of Justice Assistance.
National Night Out is designed to:(1)Heighten cz•ime and drug prevention awareness; (2)
Generate support for, and participation in,local antierime efforts; (3)Strengthen
neighborhood.spirit and police community partnerships; and(4) Send a message to
criminals letting them know neighborhoods are organized and fighting back.
From 7 to 10 p.m. on August 4'b;residents in neighborhoods-flaroughout Atascadero and .
across the nation are asked to lock their doors,turn on outside lights and'spend the
evening outside with neighbors and police.Many neighborhoods throughout Atascadero-
will be hosting a variety of special events sueh'as block parties,visits from police,
flashlight walks and a"Spot the Burglar Contest", for which there will be prizes. .
National Project Coordinator Matt Peskin said,"The National Night Out program is an
outstanding campaign to help build neighborhood unity and'strengthen police-community
partnerships. On August 4h,,we invite neighborhoods nationwide to join forces with us to .
Give Crime&Drugs a Going Away Party.„
For more information about Night Out in Atascadero,call Joy Butterfield at the'
Atascadero Police Department at 461405 Ulf your neighborhood would like to
participate by having a block party or in the"Spot the Burglar"Contest,let Joy know by
phone,so your area can be included.
5505 EL CANWO REAL • POST OFFICE SOX 911 •.ATASCADEDO, CA 93423
Cameral Duane SWMI-SWI • rldministratim Services:461-5053 0 Whteh Commander:461-5055 I n Wigations:461-MM • PAX, 4W3702
Nel"ohborhood
by Joy Putterfield, Crime Prevention
Ataocadero Police Department
PO Pox 911, Ataecadero, CA 93423
Rules for "5 of the Bur [ar" Contest
National bight Out' Aueuet 4, 1998" 7-10 p.m.
Suspicious activity to watch for:
1. Strangers loitering in front of homes or businesses, seemingly without purpose in the
neighborhood.
2. Unknown vehicles parki g or making slow, repetitive passes through your area.
3. Unusual loading of personal property into vehicles.
4. Unusual sounds or not es.
a. Removing of vehicle parts or license plates while parked on the street.
OP. persons going door to door looking into vehicles or homes.
7. Business transactions from cars.
b. Loitering, especially L hind Lushes or near sohvols.
If you oce any of the above listed activity going on, call 466-9117
to report suspicious activity for the contest.
Give location of activity correctly and what activity is-going on.
Give accurate clothing d scription and physical description of subject.
Give accurate vehicle description and/or license plate number.
Correct callers will be entered into a drawing to be done at the end of the evening.
Winnere will be notified by phone.
Among the prizes will be Emergency Beacons from response Technologies.
000102