HomeMy WebLinkAboutAgenda Packet 03/09/1999 *PUBLIC REVIEW COPY
Please do not remove
from counter
ATASCADERO CITY COUNCIL
MEETING
TUESDAY, MARCH 09, 1999
City of Atascadero
6500 Palma Avenue, 4th floor
Atascadero, California
CLOSED SESSION, 6:30 P.M.:
1. Conference with legal counsel - Pending litigation(Govt. Code Sec. 54956.9 (a))
Nam 10 of case: Escobedo v. City of Atascadero
REGULAR SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Council Member Luna
ROLL CALL: Mayor Johnson
Mayor Pro Tem Arrambide
Council Member Clay
Council Member Lerno
Council Member Luna
APPROVAL OF AGENDA: Roll Call
t
PRESENTATIONS:
1. Proclamation declaring Saturday, March 27`h "Zoopendous Charles Paddock Zoo Day."
2. Proclamation declaring March 18, 1999 "Absolutely Incredible Kid Day."
3. Proclamation declaring March 10, 1999 "Arbor Day."
4. Fire ChiefcCain to present to Council the "1998 Training Officer of the Year",
Battalion Chief Kurt Stone.
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.)
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)
The following are action items:
1. Consideration of rescission and/or reaffirmation of removal of Planning
Commission member Jennifer Hageman.
2. In the event previous removal is reaffirmed, consider confirmation of previous
Planning Commission appointment made January 12, 1999.
A. CONSENT CALENDAR: Roll Call
(All items on the consent calendar are considered to be routine and non-controversial by
City staff and will be approved by one motion if no member of the Council or public
wishes to comment or ask questions. If comment or discussion is.desired by anyone, the
item will be removed from the consent calendar and will be considered in the listed
sequence with an opportunity for any member of the public to address the Council
concerning the item before action is taken)
1. City Council Minutes - February 9, 1999 - (City Clerk recommendation: Approve the
City Council minutes of February 9, 1999) [Marcia McClure Torgerson]
2. City Council Minutes - February 23, 1999 - (City Clerk recommendation: Approve the
City Council minutes of February 23, 1999) [Marcia McClure Torgerson]
3. Road Abandonment - Consideration of a request to abandon a portion of the San Palo
Road right-of-way (Gearhart: 6000 San Palo Road) -Fiscal Impact Unknown (Planning
Commission recommendations: 1. Council find the project would not have a significant
effect on the environment and that the Negative Declaration prepared for the project is
therefore adequate under the requirements of the CEQA and, 2. Council adopt Resolution
No. 1999-016 approving Road Abandonment #98004) (Staff recommendation: Council
authorize staff to negotiate with property owner regarding purchase of abandoned
property) [Paul SaldanaJ
4. Revisions to the Atascadero Lake Park and Pavilion Food Concessions Agreement-
regarding the sale of alcoholic beverages - Fiscal Impact: None (Staff Recommendation:
Council authorize the City Manager to execute a revised agreement with Lakeside Cafe
& Catering Company striking the requirement for the concessionaire to sell alcohol in
non-disposable containers only, with the ability of the City to re-invoke the clause upon
recommendation of the Police Department) [Brady Cherry]
B. PUBLIC HEARINGS: None
2
C. MANAGEMENT REPORTS:
1. Lease Agreement with the Atascadero Unified School District (AUSD) - agreement to
• lease the third(floor of City Administration Building - Fiscal Impact: Revenue of$3,523
per month plus proportionate share of utilities and janitorial services (Staff
recommendation: Council authorize the Mayor to execute lease agreement with the
Atascadero Unified School District) [Wade McKinney]
2. Community S rve 1999 - soliciting opinions from the citizens of Atascadero -Fiscal
Impact: approximately$10150.00 ( ff recommendations: 1. Council authorize the
Sta
City Manager to distribute by mail and make available at various locations throughout
the city, a Community Survey soliciting opinions from the citizens of Atascadero
regarding things they would like the City to accomplish over the next year, 2. Council
authorize the City Manager to schedule a Community Workshop, hosted by the City
Council, to be eld on a date and at a location identified by the Council to provide the
community with a public forum to directly share their opinions with the Council regarding
things they wo 41d like the City to accomplish over the next year, and 3. Council
authorize the c ppropriation of a maximum of$12,000 from unallocated reserves for this
project.) [Wad McKinney]
3. Information Bulletin
D. ATTORNEY'REPORTS:
1. Lakes Partnersnin Contribution Contract- Donation of$250,000 for recreational facilities
in Atascadero Fiscal Impact: Revenue of$250,000 (City Attorney recommendation:
Council authorize the Mayor to enter into the donation contract with the Lakes
Partnership) /Roy Hanley]
E. COMMITTEE REPORTS
(The following represent standing committees. Informative status reports will be given,
as felt necessary.):
1. S.L.O. Counc4 of Governments/S.L.Q. Regional Transit Authority
1. Finance Committee
3. Water Committees
A. SLO County Flood Control & Water Conservation District Water Resources
Advis ry Committee
B. Nacim ento Water Purveyors' Contract Technical Advisory Committee
C. North County Water Forum
4. Integrated Waste Management Authority
5. North County ouncil
6. Air Pollution Control District
• 7. County Mayor's Round Table
4. Economic Vitality Corporation, Board of Directors
5. City/ Schools Committee
10. Economic Opportunity Commission
. I 3
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
G. ADJOURNMENT:
THE CITY COUNCIL WILL ADJOURN TO THE NEXT REGULAR SESSION
SCHEDULED ON MARCH 23, 1999.
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
WEL60ME TO THEATASCADERO CITY COUNCIL MEETING
GENERAL INFORMATION
The City Council meets�,n regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 208), and in the Information Office(Room 103),
available for public inspection during City Hall business hours. An agenda packet is also available for
public review at the Atascadero Library, 6850 Morro Road.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
a City meeting or other services offered by this City,please contact the City Manager's Office,(805)
461-5010,or the City Cl rk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting
or time when services ar needed will assist the City staff in assuring that reasonable arrangements can
be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audienc may speak on any item on the agenda. The Mayor will identify the subject,
staff will give their repot, and the Council will ask questions of staff. The Mayor will announce when
the public comment period is open and will request anyone interested to address the Council regarding
the matter being considered to step up to the podium. If you wish to speak for,against or comment in
any way:
• You must af i iproach the podium and be recognized by the Mayor
• Give your name and address
• Make your statement
• All comments should be made to the Mayor and Council
• All commeis 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 public comment period is closed, and thereafter, no further public
comments will be heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY 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 name and address
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30
minutes will be allowedl,for Community Forum(unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters toppear 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.
Zoopendous Charles Paddock Zoo Day
March 27, 1999
WHEREAS, The City Council of the City of Atascadero would like to celebrate and
support the success of the Charles Paddock Zoo;and
WHEREAS, the Charles Paddock Zoo has been serving the residents and visitors as a
resource for entertainment, education and research since 1955; and
WHEREAS, The Charles Paddock Zoo will celebrate it's 44th Birthday this year;and
WHEREAS, the Charles Paddock Zoo is a primary tourist destination in San Luis
Obispo County and ani important link in economic development; and
WHEREAS, April is National Zoo and Aquarium Month recognizing the importance of
zoos as sources of conservation education;and
WHEREAS, ICKJG Radio 98.1 will be broadcasting from the Charles Paddock Zoo on
Saturday, March 27th between 2 &4 PM; and
WHEREAS, zoos are constantly evolving, changing and improving. The Charles
• Paddock Zoo continues to build upon its historical role in the community and is making strides
to meet the needs of the future; and
WHEREAS, There are several new animal exhibits at the zoo;and
WHEREAS, The new African crested porcupine exhibit will be completed;and
WHEREAS, The new walk-through aviary renovation is nearing completion; and
WHEREAS, The Charles Paddock Zoo and the City Council would like to thank all the
many loyal supporters;and
NOW, THEREFORE, I, the Mayor of the City of Atascadero, California, do hereby
officially proclaim March 27, 1999, to be
Zoopendous Charles Paddock Zoo Day
in the City of AtascOdero, California and declare the Charles Paddock Zoo FREE on the
27th day of March in the year one thousand nine hundred ninety-nine.
• II
Ray Johnson, Mayor
Atascadero City Council
Date: March 9,1999 000001
• Absolutely Incredible Kid Day
March 18, 1999
WHEREAS, Camp Fire Boys and Girls, the national organization, will sponsor
Absolutely Incredible Cid Day on March 18, 1999; and
WHEREAS, Camp Fire Boys and Girls has issued a call to action, asking every adult in
America to write a letter to a child or children on March 18, 1999;and
WHEREAS, Camp Fire Boys and Girls has established the goal that every child receive a
letter on March 18, 1999;and
WHEREAS, �amp Fire Council of the Central Coast Inc. in the City of Atascadero,
California teaches boy and girls self-reliance, good citizenship and leadership; and
WHEREAS, through contemporary programs and by speaking out on issues affecting
youth and their famili0s, Camp Fire Boys and Girls helps youth cope with their changing world;
and
WHEREAS, in Camp Fire the choices and opportunities are inclusive to boys and girls;
and l
WHEREAS, Camp Fire Boys and Girls is commended for the valuable programs offered
to young people in the City of Atascadero, California and throughout the nation, and for the
many services these young people perform for their communities through Camp Fire;
NOW, THE�FORE, I, the Mayor of the City of Atascadero, California, do hereby
officially proclaim March 18, 1999, to be
Absolutely Incredible Kid Day
in the City of Atascadero, California and declare the children of Atascadero as
absolutely incredible kids this 9th day of March in the year one thousand nine hundred
ninety-nine.
Ray Johnson, Mayor
or
Atascadero City Council
Date: March 9,1999
000002
i rr
. "ARBOR DAY
March 10, 1999
WHEREAS, the Council of the City of Atascadero is proud of the City s street, park and
home garden trees, ajnd recognizes the importance of tree care and preservation, and the
contribution of such to a cleaner and healthier environment; and
WHEREAS, i� 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day be sOI t aside for the planting of trees;and
WHEREAS,Arbor Day is now observed throughout the United States and in three other
nations;and
WHEREAS, ees can reduce the erosion of our topsoil by wind and water, cut heating
and cooling costs, moerate the temperature, absorb_noise, clean our air and waterways, produce
oxygen and provide habitat for wildlife, and
WHEREAS, trees in our City increase property values, enhance the economic vitality of
business areas, and beautify our community;and
WHEREAS,f tascadero has been recognized as Tree City USA for the past nine years by
the National Arbor ay Foundation, has received special growth awards for environmental
improvement and ma agement of our trees, and desires to continue its tree-planting ways.
NOW, THEREFORE, I Ray Johnson, Mayor of the City of Atascadero, do hereby
proclaim March 10, 199 as
ARBOR DAY
and urge all residents to recognize the importance trees have in brightening our lives and
protecting our environment, and I urge all citizens to plant trees to promote the well-being of
this and future generations.
RAYJOHNSON,MAYOR
I ,
City of Atascadero, California
March 9, 1999
000003
ITEM NUMBER: A - 1
DATE: 03/09/99
MINUTES
ATASCADERO CITY COUNCIL
MEETING
TUESDAY, FEBRUARY 9, 1999
REGULAR SESSION, 7:00
P.M.:
Mayor Johnson called the Regular Session to order at 7:00 p.m. and Council Member Clay led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Arrambide, Clay, Lerno, Luna and Mayor Johnson
Absent: Tone
Others Present: City Clerk Marcia Torgerson
Staff Present: City Manager Wade McKinney, Police Lt. Bill Watton,Fire Chief
Mike McCain, Community Services Director Brady Cherry,
Administrative Services Director Rachelle Rickard, Community and
Economic Development Director Paul Saldana,Associate Planner Judy
Lautner, Assistant City Engineer John Neil and City Attorney Roy Hanley
APPROVAL OF AGENDA:
Council Member Luna asked that the agenda be amended to include the recognition of former
Planning Commissioner Jennifer Hageman.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve the agenda as amended above.
otion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation: (Proclaiming February 23, 1999 "Spay Day USA"
Nancy Fisk,North County Humane Society representative, accepted the Proclamation.
000004
2. Recognition of Former Parks and Recreation Commissioners, Jerrie Dahlen, Dan Davis
and Joanne Peters.
Mayor Johnson presented Dan Davis and Joanne Peters a plaque thanking them for their service •
to Atascadero on the Parks and Recreation Commission. Jerrie Dahlen was not present.
Parks and Recreation Commission Vice Chairman Paul Hood also thanked them for their service.
3. Recognition of Former Planning Commissioners Jennifer Hageman and Michael Sauter.
Mayor Johnson presented Jennifer Hageman a plaque thanking her for her service to Atascadero
on the Planning Commission. Michael Sauter was not present.
COMMUNITY FORUM:
Robert Huot, 3850 Ardilla Road,thanked the Council for awarding Jennifer Hageman with a
plaque as she served the community well.
Paul Ricketts, 4475 Sycamore, stated that the perception to the public is that four out of the five
Council Members have interest and/or friendships with developers, builders, realtors, etc. and
that they are voting in favor of those interests.
Judy Murphy, 9320 Santa Clara Road, stated that the lights at the Eagle Creek Golf Course are
still in violation of the City's light ordinance. She asked the Council to review the complaint
form she has filed with the City today and stated she would like this issue resolved. (see
Attachment A)
Dorothy McNeil, 8765 Sierra Vista Road, stated that a new appointee to the Planning
Commission seemed to be unaware of the governmental process associated with her position on
the Planning Commission. Mrs. McNeil read a prepared statement of her concerns. (see
Attachment B)
Jim McFadden, 7640 Atascadero Ave., gave the Council an update on the status of the loss of
water, as a result of the Morro Road drainage project, in the pond on Atascadero Ave. He turned
in a prepared statement with pictures. Mayor Johnson directed staff to follow-up on this issue.
(see Attachment C)
John McNeil, 8765 Sierra Vista Road, stated that he was concerned when he did not see Jennifer
Hageman's name on the agenda under the Presentations section. He was glad to see the Council
did recognize her service to the community. Mr. McNeil said that the Council would have lost
the respect of the community if they had slighted her. Mayor Johnson responded that the plaque
for Ms. Hageman was made with the others and that there was never any intention to slight Ms.
Hageman.
Mayor Johnson closed the Community Forum period.
CC 02/09/99 000005
Page 2 of 10
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Johnson announced that George Porter passed away on Sunday. He was the founder of
the Atascadero News.
1
Council Member Clay announced that the Super Bowl blowout went very well.
A. CONSENT C LENDAR
1. City Council inutes - January 12, 1999 - (City Clerk recommendation: Approve the
r City Council minutes of January 12, 1999) [Marcia McClure Torgerson]
2. Before and 'ter School Child Care - Memorandum of Understanding with the
Atascadero U ified School District - Fiscal Impact: None (Staff recommendation:
Council autho ize the Mayor to execute an agreement with the Atascadero Unified
School DistrO for the purpose of providing consultation services the School District
Child Care Prgram) [Brady Cherry]
Council Member Lun pulled Item #A-1. He questioned the statement in the minutes where
Mayor Johnson referred to a new FPPC ruling. Mayor Johnson stated that he was referring to the
City's new procedure to have Council Members fill out a form whenever they are going to step
down due to a potential conflict of interest.
MOTION: Council Member Luna and seconded b Mayor Pro Tem
Y Y Y
rrambide to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. The Lakes Amendments to the General Plan Land Use and Zoning Maps and zoning
text, plus subdivision map to allow development of a 142 acre site with 122 homes, 2
large lakes, and related amenities (Davis Ranch, 3900 Traffic Way: Midland Pacific) -
Fiscal Impact.1 $40,000 over 10 years, to pay for itself after about 20 years - (Staff
recommendati n: 1) Council adopt Resolution No. 1999-011, certifying the
Environmental Impact Report (EIR); and 2) Council adopt Resolution No. 1999-012,
approving General Plan Amendment 97001, changing the land use designation of the site
from Suburban Single Family to Moderate Density Single Family, and extending the
Urban Service. Line (USL) to include the site; and 3) Council adopt Ordinance No. 357,
on first reading by title only, approving Zone Change 97002, changing the zoning of the
site from Residential Suburban (RS) to Residential Single Family (RSF-19, and adopting
Planning Devejlopment Overlay Zone No. 14; and 4) Council adopt Resolution No. 1999-
013, approvin Vesting Tentative Tract Map 97003 based on findings and subject to
conditions) [Paul Saldana]
CC 02/09/99 000006
Page 3 of 10
Mayor Johnson announced that Council Member Lerno has disqualified himself from
participating on this item to avoid an appearance of impropriety. (Statement of Disqualification
is filed in the City Clerk's office.)
Community and Economic Development Director Paul Saldana introduced Judy Lautner,
Associate Planner, who gave the staff report. Staff also answered questions of Council.
Council Member Luna pointed out that the proposed Ordinance No. 357 does not have any
conditions included with it in the agenda packet. Ms. Lautner stated that staff would insert that
information before the second reading.
There was lengthy discussion of areas of concern by the Council including railroad crossing,
r wastewater limits, etc.
Mr. Saldana stated that the Union Pacific Railroad was contacted last week concerning the
currently private at-grade crossing. They responded by stating that they do not encourage or
support the installation of new at-grade public crossings. The private crossing is a result of an
agreement with the property owner and may not be used by the public. Mr. Saldafia read a letter
from Union Pacific into the record.
Council Member Clay announced that he has been to 2 meetings within the neighborhood and
has spoken to some of the neighbors and has attended Planning Commission meetings on the
proposal.
Council Member Luna also announced that he has attended neighborhood meetings and Planning
Commission meetings on this issue.
PUBLIC COMMENT
Dennis Moresko, Managing Partner of the Lakes Partnership, explained the proposal and asked
that he be able to speak at the end of the public comment to address any concerns that come up.
He gave a summary of how and why this project was planned. Mr. Moresko explained that he
has made arrangements with the property owner on Hildago to move his garage and create an
emergency exit onto Hildago St. He stated that he proposes donating the lot that the emergency
exit will cross to the Babe Ruth League youth organization. He also offered a$250,000 donation
to the City to be paid on a pro-rata basis for youth activities. Mr. Moresko gave the City Clerk
over 150 letters from citizens who are interested in living in this project (see Attachment D
which, due to its size, is available in the City Clerk's office). He also stated that they will pay
their fair share ($122,000) towards the improvement of bike lanes in the area but only if it is
required in the final phase of the project.
Paul Ricketts, 4475 Sycamore, expressed his opposition to this project. He stated that he doesn't
understand the concern about two accesses because he's lived in a neighborhood with one access
for years. He also expressed his concern about the impact on his neighborhood to hook up to the
sewer system, impact on water table, and the effect this project will have on his property value.
Jennifer Hageman, 8805 Santa Lucia Road, read a prepared statement opposing the proposal.
She stated that the fiscal analysis for this project states that this project will not pay for itself for
15 years. (see Attachment E)
CC 02/09/99
Page 4 of 10 000007
Joan O'Keefe, 9985 Old Morro Road East, stated that she is speaking on principal because she
knows it will be approved. She read a prepared statement that expressed her concerns with the
project. (see Attachm nt F)
Judy Murphy, 9320 S to Clara Road, stated that she is opposed to this project as it does not
address the need for affordable housing.
Joan Jewell, 4485 Sy�amore, expressed her concerns with the project. She stated there are
several inconsistencies in the proposal with the EIR. She said that she is opposed to the project.
Ted Jewell, 4485 Sycamore, stated that he is opposed to the project. He sited traffic, sewer, and
r groundwater issues.
Nellie Kennedy, 4525 Sycamore, stated that she's lived in River Gardens for 50 years. She
stated that she's opposed to the project and that it is unreasonable for Atascadero.
Eric Greening, 6600 T ewis Ave., stated that the Council should be protecting agricultural land.
He urged the Council to continue certification of the EIR for the purpose of drawing up specific
mitigations. He expressed his concern of the increase in railroad use and its affect on this
proj ect.
Gary Gratten, 4465 Sycamore, said that he's concerned about the, traffic impact of this project.
He stated that he feels'the Council has already decided how they are going to vote but he urged
the Council to consider the traffic carefully. He stressed that he was in agreement to the lot line
adjustment of his property as long as the access road will remain in private ownership
permanently.
John Heatherington 7 90 Yesal Ave., stated that he is concerned about the pattern of the Council
to approve all proposed amendments to the General Plan. He expressed his concerns of this
project and said that he is opposed to this project.
Marge Mackey, 5504 ITunitas, stated the PUDs has been abused since she was on the Council.
She expressed her coni ern with using the natural spring on the site to maintain the lakes.
Dave Mulvey, 5020 Sycamore, expressed his concern with the impacts of this project on water
and sewer. He stated hat if the spring is unable to keep the lakes full, will the City be asked to
use the City's well wa er to fill them. He asked if this project is approved, what will be the effect
on other landowners, tie schools, and pedestrian traffic.
Mayor Johnson calle4for a 10-minute recess.
John McGoff, 9192 Maple St., expressed his concerns with the project. He stated that he is
opposed to the project. Mr. McGoff stated the Council has no obligation to maximize the
developer's profit.
Kathryn Listated that she was born and raised in Atascadero and is for
s, 4325 Del Rio Road,
progress. However, she is concerned about building so close to the Salinas River as she has seen
this property under water in years past.
CC 02/09/99 000008
Page 5 of 10
Roy Luebbers, 2865 Ferrocarril Road, expressed his concerns about the increased traffic on
Traffic Way. He said he is concerned about the potential of increased runoff through his
property from this project.
Kent Crow, 4745 Hildago Ave., spoke to the quality of life issue. He -stated that his
neighborhood is a special place that he wants to protect. He afraid this project will impact his
neighborhood.
Mike Molina, 7165 Pinal, said that the concept of building clusters of homes is the way of the
future. Builders can't make a living building one house at a time. Also, this developer is not
only offering to donate money and property for youth activities, but he is proposing a well-
designed project.
Geraldine Brasher, 3202 Atascadero Ave., expressed her concern with the potential impacts on
the sewer system and traffic.
Raymond Jansen, 6655 Country Club Drive, said that he's concerned with the apathy of the
public to get involved. He suggested that the Council ask for a "stand up" vote to get a feel for
the audience's viewpoint.
Dennis Moresko, Applicant, addressed the concerns of the public.
Mayor Johnson closed the Public Comment period.
There was Council discussion with the Applicant about possible additional conditions of
approval.
Council Member Luna stated that he would not be able to support this project. He said that the
majority on the Council support economic development but this project is a loser for the City.
Council Member Luna commended Council Member Clay for the job he has done extracting
concessions from the developer as a result of being the swing vote.
Mayor Johnson asked staff how the donation of$250,000.00 to the City can be incorporated into
their votes. Mr. Hanley explained that it could not be a condition but should be a separate
agreement.
Mayor Johnson asked staff to review all the amendments that have been suggested.
Mr. Saldana responded with the following information:
Resolution No. 1999-011 has no changes.
Resolution No. 1999-012 also has no changes.
Ordinance No. 357 will be modified to add under Section 1. Findings:
3. Planned Development Findings:
(a) Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
CC 02/09/99 000009
Page 6 of 10
(b) Modifilllcation of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
(c) Benefits derived from the overlay zone cannot be reasonable achieved through
existing development standards or processing requirements.
(d) Propos d plans, if any, offer certain redeeming features to compensate for
requested modifications.
Resolution No: 1999-013's conditions will be modified as follows:
1. Include the statement of overriding considerations.
2. Eliminate#27.
3. Modify#28 by
a. deleting the sentence, "Scenario A offsite improvements shall be
r required if the subdivision is approved with two points of access."
db. Delete in the next sentence, "...if the subdivision is approved..."
c. #28A—delete"...seventy-five feet(Scenario A) or..."
d. #28B — adding "and four foot wide decomposed granite walkway"
after the word feet.
e. #28E—Eliminate.
f. #28F—Eliminate.
g. #28G—Eliminate.
I h. #28H—Eliminate.
i. #28N—Delete first sentence.
j. #35 - Replace "...discussed above under condition no. 27." with "as
described in the EIR."
k. #47 —Add to the end, "The private property to be used for emergency
access shall continue to be privately owned and access shall be
controlled and maintained by The Lakes Homeowners' Association."
1. Add"#48. The Applicant shall pay to the City a lump sum fee of
$122,000.00 prior to the commencement of construction of Phase 4 of
the development for road improvement purposes. The funds shall be
used by the City to improve Traffic Way between San Jacinto Ave.
and Chico Ave. to Rural Collector standards or as approved by the
City Engineer."
Mayor Johnson askethat the language be cleaned up in Resolution No. 1999-013 to eliminate
the reference to Scen�io A and Scenario B.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to adopt Resolution No. 1999-011 certifying the EIR.
Motion passed 4:0 by a roll-call vote. (Lerno abstained)
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to adopt Resolution No. 1999-012 approving the General Plan .
Amendment 97001, changing the land use designation of the site from
Suburban Single Family to Moderate Density Single Family, and
extending the Urban Services Line (USL) to include the site.
Motion passed 3:1 by a roll-call vote. (Luna opposed,Lerno abstained)
CC 02/09/99 0000,10
Page 7 of 10
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to adopt Ordinance No. 357 on first reading by title only,
approving Zone Change 97002, changing the zoning of the site from
Residential Suburban (RS) to Residential Single Family (RSF-Y), and
adopting Planning Development Overlay Zone No. 14.
Motion passed 3:1 by a roll-call vote. (Luna opposed,Lerno abstained)
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to adopt Resolution No. 1999-013, approving Vesting Tentative
Tract Map 97003 based on findings and subject to conditions.
Motion passed 3:1 by a roll-call vote. (Luna opposed,Lerno abstained)
Mayor Johnson asked for motion to go past 11:00 p.m.
MOTION: By Council Member Luna and seconded by Council Member Clay to
extend the meeting past 11:00 p.m.
Motion passed unanimously by a voice vote.
C. MANAGEMENT REPORTS:
1. Mid-Year Budget Review - Fiscal Impact: The proposed adjustments increase General
Fund Revenues by $378,370 and appropriations by $193,375. Revenues for other funds
are to be increased by $1,713,475 and appropriations by $2035,846 (Staff
recommendation: Council adopt Resolution No. 1999-014 amending the 1998-99 Budget
(Resolution No. 1998-030)) [Rachelle Rickard]
Administrative Services Director Rachelle Rickard gave the staff report and answered questions
of Council.
PUBLIC COMMENT: None
MOTION: By Council Member Luna and seconded by Council Member Lerno to
adopt Resolution No. 1999-014 amending the 1998-99 Budget
(Resolution No. 1998-030).
Motion passed 5:0 by a roll-call vote.
2. City Council 1999 Meeting_Schedule - Fiscal Impact: None (Staff recommendation:
Council approve City Council meeting schedule for 1999) [Wade McKinney]
There was Council consensus to approve the meeting schedule for 1999. Also, there was
consensus to include the Parks and Recreation Commission in the Joint Meetings with the
Planning Commission.
CC 02/09/99 000011
Page 8 of 10
3. Traffic Committee Review - Fiscal Impact: None (Staff recommendation: Council
disband the Traffic Committee) [Wade McKinney]
City Manager Wade McKinney gave the staff report.
Council Member Luna, a member of the committee, stated that he agrees that we should give the
Police Chief an opporunity to implement the Community Policing Program. In the future, if we
feel this is unsuccessful we can continue the Traffic Committee.
Council Member Cla�I stated that he is concerned that the public will not have a place to vent
their traffic concerns. Mr. McKinney responded that the Police Department will address the
public concerns in regards to traffic.
r
There was Council consensus to disband the Traffic Committee at this time.
4. Information B Iletin
D. COMMITTEE REPORTS
(The following represent standing committees. Informative status reports will be given,
as felt necessaty.):
r
S.L.O. Council of Governments/S.L.O. Regional Transit Authorit
Mayor Johnson stated that they looked at the unmet needs and will continue to do so annually.
They also reviewed their goals for 1999.
Finance Committee
Council Member Luna stated that they met two weeks ago and discussed Y2K and its possible
effect on City servicesG
Water Committees
Council Member Clay said that at their last meeting all the County officials were present. As a
result, they discussed County-wide water issues. He stated that they need one more vote from
the Board of Supervisors to get approval for a study of the Paso Robles Aquifer.
Air Pollution Control istrict
Mayor Pro Tem Arra bide stated they met and discussed the mitigation fees on the Avila Beach
cleanup. Also, there was discussion of constructing monitoring stations in the North County
Basin that would help determine how much of our pollution is imported from the valley.
County Mayor's Round Table
Mayor Johnson stated they discussed relief for cities from State.
Economic ODDortuniti, Commission
Mayor Pro Tem Arrambide announced they will be meeting on February 18". He stated that they
had met to discuss the need to help the homeless. They hope to meet again next week and come
up with some solutions.
CC 02/09/99 000012
Page 9 of 10
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Clay said the Youth Task Force meets on the first Tuesday at 7:00 a.m. They
are talking about a master plan for youth and they want to establish a Mayor's task force on
youth.
Mayor Johnson stated that he did get a call concerning a traffic issue at Ensenada and Via where "
Sycamore runs into that area. He was told that the streetlight blinds oncoming traffic.
Cijy Clerk
r
City Clerk Marcia McClure Torgerson announced that she and Council Member Clay attended
the League of California Cities' Channel Counties dinner meeting last Friday. Able Maldonado
was the guest speaker. He stressed to the audience that he is from local government and he
knows that the State tends to look down on local government. Mr. Maldonado said that being
from local government he respects city officials. He urged all to contact him and other State
officials consistently asking that they address our concerns.
Council Member Clay stated that Assemblyman Maldonado is working with Senator O'Connell
on local issues and he is very receptive to any input that we have. He explained that he got a
youth center in Santa Maria.by asking the State for three times what they really needed.
F. ADJOURNMENT:
Mayor Johnson adjourned the Regular Session at 11:45 p.m. to the next regularly scheduled
meeting on February 23, 1999.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
Attachments: Attachment A-Complaint Form submitted by Judy Murphy
Attachment B—Prepared statement by Dorothy McNeil
Attachment C—Prepared statement with pictures by Jim McFadden
Attachment D—Letters of support submitted by Dennis Moresko (due to
its size, available in the City Clerk's office)
Attachment E—Prepared statement by Jennifer Hageman
Attachment F - Prepared statement by Joan O'Keefe
CC 02/09/99 000013
Page 10 of 10
Attachment: A
Atascadero City Council
Meeting Date: 2/9/99
1 CITY OFATA SCADER0
BUnDIlVGALAND USE VIOLATION COMPLAINT FORM
6500 Palma Avenue_ Atascadero,CA 93422_ (805)461-5035 ,
Because alleged violations of City building or land use regulations can eventually result in legal action through the
court,it is important that the City have an accurate record of information provided by citizens who have witnessed
or observed such a violation. Please fill out this form as completely as possible. We realize you may not have all
the information requested, but please provide all you do have. Your name, address and telephone number are
needed because this is a egal matter,and because we may need to contact you for clarifications of the information
you provide. The.Counity Development Department will treat such information as confidential; however, if a
violation cannot be clear d up except through court action,you could be asked to testify on the matter as a witness.
It can be difficult,if not' possible,to take proper enforcement action on the basis of anonymous complaints.
COMPLAINANTESS
YOUR NAME: MczPqV DATE: 9 9
ADDRESS: PHONE:(DAYTIIVIE)
P4 `331-01
LEGAL DESCRIPTION OF YOUR PROPERTY OR ASSESSOR'S PARCEL NUMBER(APN).
(This is needed to accura ely locate the property where the-violation is occurring):
`I32c, SA ,A C i s n-n Ro nO, A-rASCy
ARE YOU A: 4 Tenant Yeghbor Landlord Other
DESCRIPTION OF ALLEGED VIOLATION: (On the back of this sheet, please explain the nature and
location of the activity ti,at you believe to be a violation of City regulations. Use additional pages if necessary and
include any photos or maps you may have that show the alleged violation).
LOCATION OF PROPRTY WHERE VIOLATION EXISTS: kAt=.(-jP ('/2r ce 0,0(1:- C'cY>Q5�_=
13Ca0 A7ASC-f% L-) RD A'7ASC,nr>6eo U} 9:w2-7—
ALLEGED
cw2ZALLEGED VIOLATOR ; (Who is the person responsible for the violation
NAME: LL , , PHONE: W •-7500
ADDRESS: i 3 7Rt-,Ay, E..t--rA'�C.n a 2r Q A 9- g 22-
My
2My signature verifies that the above statements are true and accurate to the best of my knowledge.
SIGNATUMRUE FO , l'
l
Please return this fora to: City of Atascadero-Community Development Department 000014
ru r m p; AJ a rJ c e p- i
r - �`
13 17 edl
2- Ac, �}- d i C ��rn t' G _
1 r:
7 m , c d-t 7 5 �- t i o c Le:--
Lr i4ome is 1pr-A7-F-n t' ou-re-e. axtrl
GL/ N
/rd O r ?
LW Li _ Okb ,v - I c e-- x.) " r.t . L-1647< a
-� - o c iN 5' cv 6 k— ,A;
tJP ! t✓1�N r4 OR Pill` F TO tuq-5 OS o,x-
T c r`r ' of SviZiZPc.�rL'i>l 1n! tits .
Lo -zs:2 H A V= TH C USC c F-14,on;T Po A T'- 0! h Li
L•!AVC L-' P.Etf 771� A r! f C-rE):--) M JC Aq cLS 4Z�g L7f f
AFYUSE AREA BELOW FORANY DRAWING 'OR SHETCH
IN THE L/ G1/7-iAle PZ-aj\
Ile— Li C,N7S i'-doLu_:,o "A ✓E iN THEIC- r4
�p 4aL 5TH 7>0S/•T/o.t> 1A) OJLD i 2 7"c . G 4 rn PLS i
W rnt 7- lc UG'
7Y6 L.E.,--r Li C-/-/r Ob- v/t=i "'l
Akr— A/C/ /Ad TI"I L
p 0, -77h-5i 5 `J
?N
A PPA&-Z�70 i .807-/-/- f ;�� ... ..
THS -i���►C ¢ De/,D�.
o U a—
�fL o�� 1�0/LC•tf,
oj,, Lo o r-)'04
c. _ 31.3'CyrF�TS_Cj� E.i�!
I l� LEF7- L./ C Al j- O a i`S ,N C I�A'C- _..__ — TENT- T
/5
A `14 (n D" Ohi -NF. DP,f v ti'Cb '�`�/VC�C� /7� f n 771E 'n �4T A�Jvc• _
F rLru� 3�[a:t: ot,'iLX57--
QRS i v�= -1746 LoZi'K L 1��jTl.N6 f?J Yc�`
/J Do not write below this line
00001,5
aC� _ lo ao uo: aoa eaul m. Saiaana tlUb-461 -SU38 p, 2
N
rnrri
OD
� X°
D
rill,
l C*1 t -<
(7
;oa i Z m .
1 M --i
f !
1
f 1
f Y 1
I
f
---( -J�
1�
COFTI
f 1
t 1
f �
�-
f 1 � "ti$a•
o a3 r
Z�o�Yv
f M�(� 1 �• p
t I dna
'7Q
21-P
! -PS
t D
1 1 n 7�Cw F�Zoo. 0 s'
0
U)
O �i•e�an s !
< 1
' l
t 1
V ! � 1
,
!
!
1
l
1
1
,
1
1
l
!
a l S g It
!
f �o�
�Q aa=
,� � } sus 000016
V)K
z (-)c m �
Oww
.'� � D
r
�M 6� s
M
O
M
> D
t yr t
I �
i t
1 t
i 1
t `
i$
1
1
w t .
f t
I
1
I �
p
—t la
D 1� •
i
tl-
i�
1
13
1
Ik
co
I
i
t
1
1
1
1
v 1 9
e
• t
f
I
t
1
I-
0000-17
ADOPTED JUNE 27, 983
The type of commercial activity requesting the
signing and the need for such signing based on the
purposes set forth in Section 9-4 .130 ; and
(ii) The opportunity to combine signs for mo a than one
use .on the same sign pole; and
.(iii) The availability of. other types /�gning along
. -the freeway; and
(iv) I The sign area and height needed to achieve adequate
visibility along the freewalv"due to ramp locations
and grade differences.
(g) Exceptions to Sign Area Standards. The sign area limita-
tions of Subsections a through ,f of this Section may be
modified increased or decreased by the Planning Commission
through pproval of a Conditional Use Permit.
9-4.135. Sign Costruction Standards: T
he design and construc-
tion of signs is to be in accordance with the Uniform Sign Code, and
the following:
(a) Lightinq Signs/ shall be indirectly lighted by contin-
uous, stationary, shielded light sources, directed solely
at the s 'gn,ior internal to it.
(b) Location, ' In residential districts, signs shall not be
located loser than five feet to any property line except
name ,•and address signs in the front yard. -
i
9-4: 136. ;Si n Ma ' ntenance Reauired: All signs are to be proper-
ly maintained in a safe and legible condition at all times. In the
event that a use having signing is discontinued for a period exceed-
ing ,six months, a1 signs identifying the use and associated struc-
tures shall be re �oved from the site, or in the case of painted
sriIgns, painted out. Signing which is not in conformity with the pro-
;visions of these Sections is subject to Section 9-7 .109 (Nonconform-
ing Signs) .
_9-4.137. Exteriok Lighting: The standards of this Section are
applicable to alli outdoor night-lighting sources installed after the
effective date of'Ithis Title, except for street lights located within
public rights-of-way and all uses established in the Agriculture zone.
An electrical permit may be required by Title 8.
(a) Illumination Only: Outdoor lighting shall be used for the
purpose of illumination only and shall not be designed for .
or used as an advertising display, except as provided by Sec-
tions 9-4.130 et. seq. (Signing) .
000
018
4-43
ADOPTED JUNE 27 , 1983
(b) Light Directed Onto Lot: Light sources shall be designed
and adjusted to direct light away from any- road or street
and away from any dwelling outside the ownership of* the
applicant.
(c) Minimization of Light Intensity: No light or glare shall
be transmitted or reflected in such concentration or inten-
sity, as to be detrimental or harmful to persons or . to inter-
fere with the use of .surrounding properties or streets.
(d) Light Sources to be Shielded:
(1) Ground Illuminating Lights: Any light source used
for ground area illumination except incandescent lamps
of 150 watts or less and light produced directly by the
, 4,0_ �ombustion of natural gas or other fuels, shall be
shielded from above in such a manner that the edge of
the shield is level with or below the lowest edge of the
light source. Where any light source intended for
ground illumination is located at a height greater than
eight feet, the required shielding is to extend below
the lowest edge of the light source a distance suffi-
cient to block the light source from the view of any
residential use within .1,000 feet of the 'light fixture.
(2) Elevated Feature Illumination: Where lights are used
for the purpose of illuminating or accenting building
walls, signs, flags, architectural features, or land-
scaping, the light source. is to be shielded so as not
to be directly visible from off-site.
(e) Heiqht of Light Fixtures: Free-standing outdoor lighting
fixtures shall not exceed the allowed height of the tallest
building on the site, pursuant to Section 9-4 .111 (Heights) .
9-4 . 138. Grading: The following sections (9-4 .138 through
9-4.146) establish standards, in addition to the standards c gained
in the Uniform Building Code, for grading and excavation ivities
to minimize hazards to life and property; protect agai t erosion, the
sedimentation of water courses, and the innundatio f low lying
areas; and protect the safety, use and stabilit of public rights-of
way and dranage channels. Grading regulatigrrs are organized into the
following Sections:
9-4.139 Grading Plan Require
9-4.140 Grading Permit Reget, d
9-4.141 Grading PermitApplication Content
m- R
9-4.142 Grading Pereview and Approval
9-4.143 Special Grading Standards
9-4 .144 GradinL Standards
9-4. 145 Sed�'mentation and Erosion Control
9-4.146 T�Ysance and Hazard Abatement �.
4-44 O00019
Attachment:B
Atascadero City Council
Meeting Date:2/9/99
February 9, 1999
Atascadero Cit Council
Atascadero , CA 93422
Subaect : Planning Commission Appointment .
Kr. Mayor and I fellow Councilmembers :
It azopears thel� Council has made a poor choice in one of its
recent appoint ents to the Planning Commission. The new
appointee has Missed the first two meetings since. the appoint-
ment .
T .
However, the Cuntil was warned when the applicant said she
was very busy :nd Might not be able to make all the meetings.
She even asked you if she could send in her vote ahead of time,
seemingly unaware of the importance of discussion with the
other commissioners or hearing objections or approvals of the
public . Such n ivete is almost unbelievable. Perhaps she
realized that That the Council wanted was her rubber stamp vote ,
and that proxy voting could take care of her absenteeism.
These commentslare not a criticism of the appointee, but of
Council 's action in appointing anyone , no matter how. well-
intentioned, who is that uninformed about the governmental
process .
I
Dorotre
F. 14c ,,eil
5765rra Vista Rd.
Atascadero, CA 93422
�L
I
000020
Attachment: C
Atascadero City.Council
Meeting Date: 2/9/99
LOSS OF WATER IN THE POND ON ATASCADERO AVE
Several months ago I came before this council to report that due to the
construction and excavation work of the water drainage pipe being done on
Morro Road that the pond just east of this project was being drained. This
pond is located on two properties on Atascadero Ave. There is a second
smaller pond on my neighbor's property to the north that is also being
affected.
Some of you have seen this property and the pond I am referring to. It is a
natural pond with a variety of wildlife and fish that we all enjoy.
At the first meeting you directed your staff to take care of this drainage
problem caused directly by the work being done on Morro.Road. In the
audience that night was your contract engineering firm's representative and
after the meeting he introduced himself to me and assured me they would
take care of business.
FACTS TO DATE
• The contractor recognized he had hit a water source when they were
digging the ditch, so much so that he called the water department because
he thought they might have hit a line. In fact they broke the seal that held
the water in the pond.
• While the contractor was on site they ran a pump from the drainage pipe
to the pond to keep some water in it.
• Water has continued to drain without regard to all steps taken
• My neighbor and I have continuously had to call the contractor and your
engineering firm to remind them that the water level was very low.
• After several months gaskets were installed on the inside of the pipeline
in hopes of stopping the leakage in the pond from flowing into the seams
of the pipeline.
• This solution did not stop the pond from draining. .
• The Pipeline ditch was dug significantly deeper than the bottom of the
pipe to allow for large drainage rock to be placed under the pipe.
00002
• After the`contractor left the site, the engineering firm retained a employee
who addedwater occasionally when we called them to report low water.
• In the last m nth or so we have been told, and have the feeling that
nothing mor is going to be done to remedy this problem. As of yesterday
I attempted o visit your engineering firm's office and was told that the
staff that we have been working with was too busy to speak to me.
• On the posit ve side, the Fire Department loaned me hose to run from the
water sourc to the pond and Mr. Cherry has been most supportive and
even suggested a solution.
We hope you agree that this not our doing that has resulted in the.many calls
and now another visit to this council. We simply would like to see the
repairs made that allows-us to enjoy our properties.
Ali
i
000022
'"`�`- 'r.`�,a„'7"Y Y �� f YQ int I'- Tae»'•-x .c^.� r;. �
ti
y
1
Mmli�i;
^_BMs• f\.
Alp
JAW
rt� e N
1. jrr'r 1 rr .(/
V It
ol-
1 � ' `L „�"�iir''e R•�. '-.t .y--� '1�J` 419 r/ "�. '~•--'. a { �`.
,7� .,<t ;r-.sT .3P� j. / a.+c- .R -.=!. ,,71..x:..•►li•.� ._
IL
.21
1•
e
t't•l.tom x
�i ,mom o :�.n.>
tom"
�' t fd3�s.tr'. }o- .r.._..Aa"� ;*� :nPYs 2.1'�.. ._x�-. .2Yyti` a o°^� -� n ,c., �• r _ '
?� .,+t r u .. . .� - � Y;C1 �'P'cg^•...'S.f. '^" �r69�f�'yI/Z:� t`+-. �,f _
� M <.NIA�,�.y"'.l"� "`,�_a,-nilat��- y?^'� .t2-"w Jrt �ezt��d id �""�'�...�,:r�.ic�_ �•�_-s.� ) {._
t 5�!' �`4-� •%+"^ W y,:i;was-•�-�''.��x�'"4 ��; .
- �1 I' f.•t fTT .E 1 -y.�t -F
~ _-� .;�f�. �'7ti`.` r �.}uC\ �Yi�a'�� \. Kms•\l�-���I _.� �'�.��������-
6
y-z \` -: •.^+4 icy �,4s •r nt.:� _'�• _
IRS
a
_ "y+ a,.- r •MJF+-'T�i r, '-
. // •iJ `..�. d�'�'�a�..v,� r. �r•. pJ RvF-.'f � , �\1 ��r '�1��4h`�n �4�:,�q�R .T �i i i.
A
'-ec s�'f?�TTrc► •'�rq�i,�� � � 1:� u .�ti��� Y i .�Y �' � r � ;. .. C f !
L' .* X��r \, ��, � � � .y, r .c �'' tit �'' tom+-•
?• 7 tt �' *piz er `a 1 + i R 4 ��•7� r t IS
or
Y`•
�. .y, � aye; . .e�_'�' i�`e�"L`�� `• y°
d` -Y .,. ." ..... ttr .� .'aS MM.n.,.P ,Y[!►t '6 a`M -.vaY,n.R!� ,
/,!:`4�i+1(•����Y1iI�Y�{,44t b _• 4 i V• Y+J.... �'MMuk•+ 4' .. '��II?y.��� �.!Yy�:.
Attachment:D
Atascadero::City Council
Meeting Date:2/9/99
r
ATTACHMENT D
Letter of support submitted by Dennis Moresko
are on file in the City Clerk's office
and available for review of the•public.
000025
Attachment: E
Atascadero City Council
Meeting Date: 2/9/99
Jennifer Hageman I'I
8005 Santa Lucia
Accordingto the financial anal sis of this project prepared by the independent consultant the
Y
project does not provide a sound economic base as stated in the staff report and is not"revenue
neutral"as stated by the developer. From the first year the project is completed-approximately
year 5 to year 19-the project is a financial loss to the city-this means the taxpayers will
subsidize the prof from the time of complete buildout for the next 15 years. My question to
the Council is what City services will be cut to pay for this development?
i
Any extension of sewer service requires that certain findings be made-the need for this
information was Important enough in Sept.that the staff recommended that no major expansions
of the USL should be made until that plan is complete. Now the staff is saying that no study to
determine capacity)is currently being done and that the study mentioned in Sept. has been
changed to one of master planning the sewage system. What happened in 4 months that the
City is no longer co�ncemed about plant capacity? Especially since no study has been done. A
couple of years ago It was been stated by the chief of wastewater operations that we were at or
near capacity of our plant,and that we exceeded our capacity during wet weather flows.
The staff report states that open space and recreational amenities and preservation of
archeological resources benefit the community. The community will not benefit from the
recreational amenities. The community will be locked out. The open space and preservation of
the archeological resources would still be accomplished with the allowed density. Even more
important are the changes to CEQA which took effect after the EIR for this project was written.
They deal, in part,with archeological and historical sites. I see no mention in the staff report that
these changes were addressed and that the EIR was found to be compliant with the new law.
The staff report states that this project will help bring the City in compliance with the amount of
housing needed b people of moderate income. According to the housing affordability
standards, a three bedroom home would hava4a sell for under$179,600. You do not have to be
a rocket scientist to figure out that these homes are going to sell for much more.
The developer stated that he is going to market the homes to empty nesters who want larger
homes. Just how any local residents fall into this category? This development is obviously not
geared to serve thcitizens of this town. Yet, it is the citizens who will have to give up City
services to help pt for it and will be locked out..
000026
To approve this zone change and development is ignoring the financial status of the City-we
have better ways to spend our precious dollars and ignoring the imminent problems with our
sewer plant is going to prove fool hardy in a few short years. We have been promised 1500 new
jobs in two years we need to save our remaining plant capacity for industrial and commercial
development and projects currently within the USL and not use it on ill advised residential
developments which expand the USL.
As one of the Commissioners said so eloquently,her husband would be allowed into the
development to risk his life to fight a fire(and,. I might add, have his tax dollars go to this
project, rather than City services for him) but would be locked out and not welcome to enjoy the
open space and other amenities. Gentleman,what kind of community goal is being
accomplished with this project.?
Y-
00002'7
^ •-
T T � N � � CL
14 if) 69 M d9 !9 v .rte
Qv
C7 O �T 0
rn N nC11cc�� •$-
46
T r
In 12 M
T O T co
Ol C6
pp co
N W
T T T
CD cop
*y
I\ r� Ln
co
Y+ 0)p�
O O O CO N p T T
} d9
49 } v v r } m
C 6
eot� Ct Go co
O ^ N ^ to 42 CY co
n Rf
b9 iH 69 v dA
m
m CD co co �D ^ � N N � O ^ r
ui O ^ �Op �
6& V) } 6Ny9 !9 �- !A rff►
� to tt� m � -O O �. �• _ � e~-
Lq Ln
y
1 v
co
- a
�. N
60
49
44
O N co
GO Ln Lq
ca 4 4
N
.. C a
CLML
�t
f-- .2 = N
m LL
h' :0 E
Cc 40 R
z : a S F Y
W w a
,. r
. 42 - 000028
r _
} N N co LO
N N G} a N tlr Pj b4 ((mayy Q�o Q�
y fN9CY
} rco
64 ! N } H N CV
A r.
r (v o
to to 64 } Y Ir4 � K } GA f 4
`y V
00
Lo m
ts 49 4s
i tSn
co
N '" IA � r CV
Nm
H } } } 60
C
co
a in
^
r �r
} 9 40) 49 44 44 } y
ti m Q? 0Lc) m
r p r 2v N
fa 40
LO Ln
co to to
N W
CO �Np Nb ^ � p
r fA T G1 dry N to CO
in
(y } to fA to } v v }
v CD CID
uQ {A �I Io r I �CrOy r rto
F� M chi RJ N C�
a.r
J-
to 69 4r9 } f 4
v
69 to tH v 6v4
� N f � c Qi � N .+
sa m o ^_ ^ p NLn Cl
OD CYdy9 fA r� } " y 1
(� tH to to
CALn
Cr) ^ N
T O et rm ^tNM
N d
N N CM
64P V-
CM
(V 6sro
v
+.. N
H E
6
Sr-
16L
Lb »
cc m W
W j u LL acc
i
� ma `'3 � 0 1! � s
..� J z Z a s Z
w > a: a cc a c� a - r8
LU Z6 v �s
~ " 000029
_ ` ,
- 43
I�
Affordable Housing Standards
iSAN L S OBISPO COUNTY DFFARIWNT OF PLANNING AND BUMDING
County Gover=tneut Center ■ San Luis Obispo, California 93408 ■ Tclephone (80$)781.-3604
This bulletin summarthe county's affordable housing standards, including maximum family incomes,
home purchase prices rats, and long-term affordability.
Income.limits: I'I .
The state defines family income groups as follows: "'fiery Low Income" is defined b Health and Safety
ty
Code Section 50105 as 5096 of county median income; "bower Income" is defined by Health and Safety
Code Section 500'79.5 as 80% of county median income; "Moderate Income" is defused by Health and
Safety Code section 50093 as 120 % of county median income. Effective January 7. 1998, the income
limits for Sant Lids Obispo County are shown below: t
txi4. w '1djeQian 1'vioderate
Ve,7v Lo
:.` f riCQtOe 72t I<IIConte Yticome
1 $16,150 S25 850 $32,350 $38 800
2 $18,500 $29.550 $36,950 $44,350
3 $20,8W S33 250 S41,600 $49,900
4 $23,100 $36,950 546,204 $55,450
5 $24,950
$39,900 $49,900 $59.900
6 $26,800 $42,850 $53 600 $64,300
7 $28,650 $45,850 157,300 $68,750
8 $30,500 $48,800 $61,000 $73 200
Rents and sales paces:
mom
3Ctcbil: Rczxcs' .l?iitiiril_Sales Pricesi ti
Lowet Mode
r k�~ ;; eiy Liv LowerModerates
-
Iacotme IQcaate Yncoine Inicome
Studio I$404 $485 $498 $49,172 $75,052 $116,460
1 $462 $554 $563 $56,164 $8$,724 $133,020
2 520 $624 $714
$63,232 $96,512 $149
12
624 $749 $991 $75,848 __$115,760x$179 640
4 70 $804 $1 171 $81,472 $124,352 $192 960
Note 1: Maximum rents own above include costs of utilities based on utility allowances determined by the Housing
Authority of the i�ty of San Luis Obispo.
Note 2: Maximum sales rices shown above are based on assumption that special financing is not committed to
project, and the ore. reflect 11th ]:)Imkt Cost of Funds Index of 4.691%, which is effective through
2�ary, 1999, a rding to the Federal Home Loan Bank of San Franalsco(interest rate hotline: 415-616-
000030
cumulative impacts in an initial Study of a project and clarifies the standard for determining
when a project's contribution to a cumulative effect triggers the need for an EIR. An EIR is
required when an agency determines that a project will make.a"cumulatively considerable"
contribution to a significant impact imposed by the project together with other related projects.
AnIEIR need not be prepared,however, if the project's contribution to the impact will be
rendered less than cumulatively considerable by mitigation measures in a mitigated negative
declaration. This subsection also provides that a"de minimus"contribution need not be found
cumulatively considerable, and defines a de minimus contribution as one that would leave
environmental conditions essentially the same as they would be without the project. In addition,
a project's contribution to an impact need not be deemed cumulatively considerable if the project
complies with an approved plan or program that will avoid or substantially lessen the cumulative
problem.
Sections 15064.5 and 15126.4: Impacts To Historical and Archaeological
Resources.
Historical Resources. New section 15064.5 of the Guidelines expands upon the
provision of the statute(Public Resources Code section 21084.1) that sets standards for
determining the significance of historical resources. Guideline section 15064.5 provides that, in
general,a resource not listed on state or local registers of historical resources shall be considered
by an agency to be historically significant if the resource meets the criteria for listing on the
California Register of Historical Resources. The revised section also provides standards for
determining what constitutes a"substantial adverse change"that must be considered a significant
000031
impact to an historical resource. Finally,this Guideline states that its provisions apply to those
archaeological resources that also qualify as historical resources.
In addition, new Guideline section 15126.4,which provides standards for
mitigation measuresingeneral, contains a subsection that endorses for the first time a set of
r. r'
standard mitigation i'neasures for impacts to historical resources(the Secretary of the Interior's
Standards for the Treatment of Historic Properties). This subsection also provides notice that in
some circumstances,'documentation of historical resources will not be sufficient in itself to
mitigate a project's impacts to a less-than-significant level.
Arch ological Resources. The Guideline revisions also replace Appendix K,
which used to provide standards for mitigation of impacts to unique archaeological resources.
New section 15060 now incorporates the guidance on mitigation for impacts to archaeolo ical
g
resources provided i Public Resources Code section 21083.2. This change eliminates the
conflicts which had xisted between the provisions of Appendix K and the statute. As noted
above, section 15126'A of the revised Guidelines also provides guidance on mitigation measures
for archaeological sites determined to be historical resources.
Section 15064.7' Development And Publication Of Thresholds Of
Significance. This new section encourages,but does not require,agencies to identify standard
criteria to be used in determining the significance of environmental effects of projects under their
review. Such thresholds of significance adopted for general use must be developed through a
public review process and be supported by substantial evidence. This section is designed to
stimulate more certa�nty,predictability and consistency among the threshold standards that
agencies use to determine impact significance.
4 000032
Attachment: F
•" AtasCadeTO City Council
y q 9 Meetmg Date: 2/9/99
= am here to riight as a matter of
priricipl T lcxiaw tYiat izo matter cahat
c)tlzers. or Z say this` project will ' b.e
approved . The staff report Pias been
changed to reflect the CC . maj ority
F
position_ . This is in keepirig with tlhe
policy of the Co-Lxrn_ci1 to eliminate arty
voices of dissent aria convey to Ghe
public a seeming appearance of
harmony . While you care s ilen.ce
appoiritea aria paid positioris you can. • t
silence all of us If we don ' t speak
up the Coursed aria the news media
assume the public approves of your
acc t loris .
y
This project takers iri. iEF.olaticari
of its s u.rrounairigs aril igrioif-d-rijg
Ar- --aaero • s G . P . is riot a baa
project . But its ocatea ori prime ag
land , which has access problems grid
its very much iri cori:El.ict with the
Basic Commodity Goals stated iri our
GP . The project is clearly
idcodsistedt w3th . the LUE of the GP
which says . that resiaedtial 1.otsizes
are to idcrease as developmerit moves
away f rorn the core o the city do t
decrease iri size as this project is
propos frig . The LUE cloesn ' t say that
as the larid gets ala t ter from the
cedter of the city you cad increase
lot sizes . The reasorz for larger lot
sizes is that Atascaderads warn to
000033
maintain a rural atmosphere . This is
our . Villsion for the comrn--xnit� .
Comm
un i t
c Goa s
C r 1 B a
r--, :L 1 a
1-e�- YY �
part olf our GP have beers igr�..ored. in. Ms
r
c---3:7 s staff report . Every
justiicatiori iri the report is
d.irec ted -toward firidirig reasons to
a-pp3TC), the project . Wizen ex city
p 1 anne7ir Gary Kaiser wrote the s t a f f
reports he said that for practically
any gilven project there will be GP
polic�iles that will seem to speak in
favor of a project and there will be
po L:Lc �`es that will seem to speak
agairis t a proj ect; He went ori to say
thatheri there :L E; more rthari one way
to int rpret information than Che
Bas i s o mmun s t y Goal s should b e u s e d
to gtiic�.e interpretations
Thee Basic Community Gaa1s are the
p e o p l e Vision Statement . The C sty
Counci$L ''s Vision. Statement for
A t a s c al e r o basically reiterates th e s e
. goals . ..The Statement says -the .Council
warns �to maintain our rural
atrnosp�.ere .., protect natural
enviroirnent , keep lots large aria make
Atascalero distinguishable from other
c i t:L te- Z t i s our large lot rural
atmosp ire that is positive
distin wishing characteristic . By
ap p r ov " n g r-]a i s project yo u a r e again
sayirl orae thing to the public and
vo t frig l the oppc>s i to way . 000034
ITEM NUMBER: A - 2
DATE: 03/09/99
MINUTES
ATASCADERO CITY COUNCIL
MEETING
TUESDAY, FEBRUARY 23, 1999
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,
Confidential Unit, Atascadero Fire Captains,Atascadero Firefighters, Service
Employees Intl. Union Local 620,Atascadero Police Assoc.
2. Confere6nce with legal counsel—Potential litigation (Govt. Code Sec. 54956.9)
Name: Donald Scroggs
City Attorney Roy Haley announced there was no reportable action taken.
• �
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the Regular Session to order at 7:05 p.m. and Council Member Lerno led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Arrambide, Clay, Lerno, Luna and Mayor Johnson
Absent: Tone
Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham
Staff Present: City Manager Wade McKinney,Police Chief Dennis Hegwood,
ommunity Services Director Brady Cherry, Community and
conomic Development Director Paul Saldana,Assistant City Engineer
ohn Neil and City Attorney Roy Hanley.
APPROVAL OF AG NDA: Roll Call
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve the agenda.
�Iotion passed 5:0 by a roll-call vote.
000035
COMMUNITY FORUM:
Raymond Jansen, 6655 Country Club Drive, spoke about the ratification of the test ban treaty..
Senator Jesse Helms, chairman of the Foreign Relations Committee,has refused to send this bill
to the Senate floor. This treaty would stop the testing of nuclear weapons. He asked all present
to sign a petition supporting the passage of this bill.
Mike Murphy, 9320 Santa Clara Road,thanked the Council and staff for the lights at the golf
course finally being turned off.
Mike Kohle, 5345 Mercedes Ave.,read a prepared statement about the Highway 41 realignment
construction. He handed out to the Council pictures and information about the negative impacts
the construction is having on his neighborhood. In particular,the sound wall that is to be
constructed will create a freeway-like highway. He suggested a stepped wall and contoured berm
with landscaping to create a more rural look. (see Attachment A)
Steve Devencenzi,representative of SLOCOG, announced they are now undertaking the update
of their Regional Transportation Plan. He stated there will be a public meeting in Templeton at
the Women's Center. They will be sending out a press release.
Mayor Johnson closed the Community Forum period
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Luna stated that he was opposed to the Highway 41 realignment. He said that •
the effect on this neighborhood is devastating. He stated that anyone who supported this project
needs to drive through this neighborhood to see the effect. He asked the Council to support
sending a letter to CalTrans asking that the mitigation trees be planted in Atascadero and why
berms instead of the sound wall aren't being used as was suggested in the EIR.
Council Member Clay stated that he feels the Highway 41 realignment is a good project. He said
that he didn't think there was room in Atascadero for all the trees. He agreed that a berm would
be better than a sound wall. Council Member Clay also stated that this project could have been
built in 1988 for only 8.9 million.
Mayor Johnson asked staff to provide Council with a report of the status of the Highway 41
realignment project, especially concerning the soundwall and tree mitigation.
Council Member Luna said that the tree mitigation plan is poor and won't replace what has been
removed.
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes - January 26, 1999 (City Clerk recommendation: Approve the
City Council minutes of January 26, 1999) [Marcia McClure Torgerson]
CC 02/23/99 �0��36
Page 2 of 7
2. Zoning Chan 'e 97002 - Davis Ranch, 3900 Traffic Way (Midland Pacific) - Fiscal
Impact: $40,000 over 10 years, to pay for itself after about 20 years - (Staff
recommendation: Council adopt Ordinance No. 357, on second reading by title only,
approving Zoe Change 97002, changing the zoning of the site from Residential
Suburban (R ) to Residential Single Family (RSF-1), and adopting Planning
Development Overlay Zone No. 14,for property at 3900 Traffic Way) [Paul Saldana]
3. Agreement Access Unlimited for Accessibility Management Consultation Services
Fiscal Impact: $500.00-700.00 from previously allocated CBDG funds (Staff
recommendation: Council authorize the City Manager to execute an agreement with
ACCESS Unlimited for consultation services) [Brady Cherry]
4. Graves Creek ] oad Overla Project - City of Atascadero Bid No. 97-04 - Acceptance of
project and re ease of retention - Fiscal Impact: $31,082.28 in Street & Bridges Fees
(fund 705), pr viously budgeted (Staff recommendation: Council accept the project as
complete and authorize the release of the project retention to Souza Construction, Inc. in
the amount of$31,082.28) [Brady Cherry]
Mayor Johnson announced that Council Member Lerno will be stepping down on Item #A-2 due
to a potential conflict Of interest.
Council Member Lund.pulled Item#A-1 and#A-2.
MOTION: By Council Member Clay and seconded by Council Member Lerno to
approve Items#A-3 and#A-4.
Motion passed 5:0 by a roll-call vote.
Item #A-1: Council Member Luna stated that he pulled this item to review the San Luis Obispo
County City-County Library Survey Results attached to the minutes (page 13) where it listed
service ranking for the' County. He noted that it is very interested that street maintenance did not
rank in the top seven Or the North County. He also noted that it also showed (page 19) that the
public believes that Cty government is the second highest source of public library funding which
is incorrect.
PUBLIC COMMENT
Eric Greening, 6600ewis Ave., noted a correction in the spelling of the name of the County
Engineering Representative, Susan Litteral under Presentations.
Mayor Johnson closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to approve Item #A-1.
Motion passed 5:0 by a roll-call vote.
Item #A-2 Councilember Luna stated that he voting no of this item but wanted to make sure
that the amendments oted on at the last meeting were all accounted for. City Manager Wade
McKinney stated that the Ordinance No. 357 has the amended findings included and the
CC 02/23/99 000037
Page 3 of 7
Resolution No. 1999-013 that was approved at the last meeting is being handed out to the
Council now to show all the changes included.
Council Member Luna asked about the $250,000 donation by the developer and where it is
included. Mr. McKinney responded by stating that is not included in any of the Resolutions
from last meeting or the Ordinance being voted on tonight. It is a separate agreement because it
is not a condition of the subdivision. Council Member Luna stated that he is concerned about the
Council approving this project without seeing the.$250,000 agreement.
Council Member Clay agreed that he was also concerned about how they were going to tie in the
$250,000 donation agreement to this project. Mr. McKinney stated that it is a formal
development agreement that the City Attorney has drafted and it will be on the next Council
agenda.
Council Member Luna stated that he feels Mr. Moresko is a honorable man but things can
happen. He suggested that the Council should continue this item until the contract is on the same
agenda. City Attorney stated that the agreement is drafted and Mr. Saldana has reviewed it and it
will be on the next Council agenda.
There was lengthy Council discussion where they asked for clarification of specific points in this
project.
PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., repeated his comment from last meeting that he feels it is
irresponsible not to mitigate the conversion of agricultural land.
Rush Kolemaine, P.O. Box 1990, questioned why Traffic Way is now being labeled a Rural
Collector as opposed to an Industrial Arterial as it was originally categorized. Mayor Johnson
stated that there are several difficulties with right-of-way and easements which are part of the
issue. Mr. McKinney explained that the purpose of making a portion of Traffic Way a Rural
Collector was to provide an expanded roadway for children traveling to and from school.
Mayor Johnson closed the Public Comment period
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to approve Item#A-2.
Motion passed 3:1 by a roll-call vote. (Luna opposed,Lerno abstained)
B. PUBLIC HEARINGS:
1. Highway 41/101 Interchange / Traffic WU Project Study Report Fiscal Impact:
Estimated$75,000 ($40,000 in Regional State Highway Account funds, $21,000 in Urban
SHA funds and$14,000 in local transportation funds - (Staff recommendation: Council
approve the draft request for proposal developed by staff for the Highway 101/Traffic
Way Interchange Project Study Report and authorize the City Engineer to distribute the
request to consultants) [Brady Cherry]
CC 02/23/99 000038
Page 4 of 7
Assistant City Engineer John Neil gave the staff report and answered questions of Council. He
stressed that Council is being asked at this time to authorize staff to distribute the request to
consultants so that it qan be studied thoroughly.
Mayor Pro Tem Arr bide suggested that the concept of recreating the Atascadero Mall as an
Y gg p g
underpass of the freeway be included in the study.
Council Member Le o asked if that could be part of the redevelopment of the Downtown.
Kathy DiGrazia, Project Manager of CalTrans, answered questions of Council and clarified the
timeline for the 41 realignment project.
Council Member Clay suggested CalTrans leave the existing temporary bridge over the Salinas
River until the 41 realignment project is completed and tested. Only then, when the new project
is successful, should the temporary bridge be removed.
Mayor Johnson interrupted Council Member Clay and stated that the temporary bridge is not on
the agenda and the Council cannot discuss and/or take action on the issue. Mr. McKinney agreed
that the Council canndt take action on the issue.
PUBLIC COMMEN�
Doug Lewis, asked that the Council consider the possibility of a pedestrian over-crossing. He
also asked the Council to consider other alternatives than the ones proposed tonight.
Peter Boonisar, 5212a delana stated that he•su orts fewer signal lights. He also said that he
g Pp g g
is opposed to the two left-turn lanes onto westbound Highway 41 from El Camino Real.
Eric Greening, 6600 Lewis Ave. lights synchronized. He stated that
asked how signal g hts can be Y
he's opposed to the intersection at the mall.
Peter Boonisar, 5212 �agdelana, stated that CalTrans has already purchased Plump Chicken and
their last day is Friday.
Mike Murphy, 9320 Santa Clara Road, expressed concern with some of the solutions Cal Trans
has planned such as tl a two left-turn lanes onto westbound Highway 41.
Kathy DeGrazia, CaiTrans, stated that the owner of Plump Chicken approached CalTrans
concerning the purchalse of that property.
Doug Lewis, asked what the timeline is for this study. Mr. Neil responded the study would need
to be completed by Ju�y 1999.
Genie Dadisman, owner of Genie's Steak House, stated that she agrees with the idea of moving
the off-ramp south towards the car wash.
Mayor Johnson clos d the Public Comment period
CC 02/23/99
00
0039
Page 5 of 7
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Lerno to approve the draft request for proposal developed by staff for
the Highway 41/101 / Traffic Way Interchange Project Study Report
and authorize the City Engineer to distribute the request to
consultants with the following amendment added to the alternatives to
be evaluated (in staff report):
116. Evaluate the feasibility of an underpass at the mall."
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
f"
1. Information Bulletin
City Manager Wade McKinney stated that the Finance Committee asked that the information
concerning LAIF be provided to the Council.
Mayor Johnson asked the City Treasurer if he had any comments. Mr. Graham responded that he
is studying diversifying our current investments. However, at the present time, he stated that he
feels the City is getting a better rate of return having its money in LAIF. He went on to state that
at some point in time,he will recommend an aggressive reinvestment program.
PUBLIC COMMENT
Doug Lewis, asked if the City will be reinvesting in Orange County again. Mayor Johnson said
no.
Mayor Johnson closed the Public Comment period.
D. COMMITTEE REPORTS
Air Pollution Control District
Mayor Pro Tem Arrambide stated the next meeting will be on March 24tH
County Mayor's Round Table
Mayor Johnson said they will be meeting Friday.
Economic Vitality Corporation, Board of Directors
Mayor Johnson stated they will meet tomorrow.
Economic Opportunity Commission
Mayor Pro Tem Arrambide said that he missed the Board meeting last week but there will be a
facility tour this Thursday morning.
CC 02/23/99 000040
Page 6 of 7
E. INDIVIDUALI'I DETERMINATION AND/OR ACTION:
City Council
Council Member Clay repeated his concerns about removing the existing temporary bridge
across the Salinas River before the Highway 41 realignment have proven to be successful.
Mayor Johnson expressed on behalf of the entire Council their condolences to Mayor Pro Tem
Arrambide for the passing of his mother-in-law.
Council Member Clay announced that George Beattie passed away and commended his for his
service to Atascadero. I
Council Member Luna stated there will be a celebration of George Beattie's life at the Pavilion
on this Sunday at 2:00 In.
F. ADJOURNMENT:
Mayor Johnson adjou ed the Regular Session at 8:37 p.m. to the next Regular Session
scheduled on March 91999.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torl erso
n, Ci hClerk
Attachments: Attachment A-Prepared statement by Mike Kohle
�3/99 0
CC 02/23/99 00041
Page 7of7
Attachment: A
Atascadero City Council
Meeting Date: 2/23/99
To: The Atascadero City Council
Honorable City Council Members
As you are most likely aware, work has begun on Cal Tran's solution to mitigating the noise problem
the Highway 41 Realignment project.in Atascadero. is unimaginative,poor engineering, and probably
As residents along Mercedes Avenue, one of the not the most economical approach.
areas along the new route,many of us had struggled
to imagine how it would all look after the tree There are many more suitable and efficacious
removal and the grading was completed. The tree solutions to the noise problem including stepping
removal is now 98%complete with all of the large the wall and installing a contoured berm to make up
f .
oaks.removed and only a few of the towering pines a portion of the height needed to provide a real
left to be removed. The effect on the area is worse sound barrier. The berm solution was put forward
than could have been imagined; it is devastating. It by,Cal Trans at some of the previous public forums.
appears that little has been done by Cal Trans to try The berm approach with appropriate landscaping
to work with the existing environment. and steps in the wall would improve the acoustic
effects of the wall and would also go a long way to
Having now been able to witness first hand the removing the"freeway"look of this area.
actual impact of this project,and after attending the
"informational"meeting that Cal Trans held on When the Cal Trans project engineer was asked
January 27`h,there are some design elements that about the berm at the January T7 public meeting,
were troubling and surprising. he looked puzzled and did not seem to be aware that
it was an option in the EIR. After reviewing the E
Most surprising was the "sound wall"that will be and noting that it was an option,his reply was that*
installed between the area of Cemetery Road and they did have a two-foot berm in another area,that
Country Club Drive. Cal Trans has designed a solid, nothing could be done at this point and in any case
textured concrete wall averaging nine feet in height this public meeting was merely informational.
along this complete length, over one third-mile of
the highway. There are no breaks in this wall with In summary,the design of this wall is objectionable
the exception of a gully area that prohibits the for the following reasons:
installation of the wall. This structure gives the road
the appearance of a freeway rather than a rural 1. It is not in keeping with the rural
highway. In addition,the continuous nature of the character of the area or our community.
wall limits access for both people and wildlife. 2. The sound attenuating properties are
questionable.
The acoustic benefits of this design are 3. There is no provision for pedestrian,
questionable. The hard continuous surface will not bicyclists, or wildlife access.
be conducive to attenuating the noise of the
highway; rather it will reflect the sound back into The other major area of concern in this portion of
the opposing hillside creating a sound box effect, the project is that of safety.
much like a tunnel. It will have some beneficial
effect for those on the West Side of the road,but it Along the area between the existing Magnolia
will amplify the noise for those remaining'on Pine Street and Country Club Drive there is a number of
Mountain. The fact that the wall is a mere 20 feet remaining residences,many of which have steep
from the closest lane will insure that the noise will inclined driveways that allow only backing down.
be reflected back towards the remaining residences These people will be required to back into the pave
and reflected off the opposing hillside. shoulder of the road to then enter the main lane. The
000042
W
o osed
p speed limit along s section of the
wa is 45 m which m ans the actuals speed
� Y P� P
will be closer to 55 mph,
In addition to those who havetoback down their
driveways to access the highway,there are other
unsafe approaches for those residing along the
route. Short sight distances and the high rate of Y
speed increase the probability of serious mishaps
alon%t4his section of the highway. y6
If as was put forward at the public meetings,the
major reason for proceeding with this project is to
improve the safety of this route,this goal has been
greatly neglected.
The 45-mph speed limit need to be reduced in this
area, and other control methods need to be
implemented to insure the saf' ty of those remaining
residents on Mercedes Avenue and the public using
this highway. '
Phis project was promoted a approved by our
City Council. I hope that you will now protect the r
interests of the City as a whole and the residents }K f
along the new route that will be directly affected by
this project. Certainly we can't expect the area to be
like it was before the project,but there is much that
can be done to make it more appropriate for the �. .r• s � , -r '
neighborhood and the City. C41 Trans will not 't
respond to concerns of private citizens without legal
action,but I believe they will listen to our City
Government. We need your Delp.
Photos showing tree m d alongg
�.a
Highway 41 Realignment project. Trees range
in diameter from 14"to 50" r :
Y 9.
Mike Kohle � 6
WAt
345 Mercedes Avenueasc e
ad ro -h ,
2/23/99
000043
tom-"
•A� � _ 14 .� 50 _ �.
15
. 12" LU
�
ol
•} i
sl.�
- � W�4�yid,1-Y'zb Y�. t'F`•�� -
41" It 27"
r
_ F 72 (3611
iF'•. .�ir` •~wyG]'.�"�%� y�• �.. ��r�~ f�� �� ..: I ..SAI. C '•� _ .
AW
341
�
X
W.
U.
21
16
- a y�,txf•»'F114 000044
3 l aat r u a IqS a+e I l 414°n O.J
.0� � ��+ x..11 `c " -�/ - �� '� '♦ y, „ I
m i � 22
o �' i' -- a 7..! t'' t /. !• o
Icy
e t s 7 ia,T�i!. 13rbdt11 ° ' I.pU cso r,.- •.1' f i ! .
dIaj 'V/�Vo J1/ , , ��baB. O ` f111
.. - - � , i %'" u/°���o°fir _Y Y,o jo-���. � '� I �_,'.,� �_•.'I �I k _.
111
•�; ;r�oo. Ar, Jr
�1, �
h¢
Oc
t ♦ o
Ir
1' /• �: �P,`tn// \� ` . : ��� 1 !R8 O '.`-ciw 1. `
- , Ory ,'.//: l � 'i _ '� �ef : ��. I •
V
V
V i o /v4g./ / I � •.MC� nil
de
US
t/ t
11 � .
C IIS � ' `!'� .•j C moi/
4'Jr L
Jae iol
V W{
POr
I � d
Z Ty W? q4iol
3v UP
N A
J
� b �
( 4'
•�.� :` I S ' I' •! '�� _L.-� b-ra ri-0-1
o 1, ° to�� '�•'�,,
,gl /
Iw3
1J0
N /)
0011�lA�l
W `}
� ¢
W�+u ¢ $
mur,
.. -. .. as ems 1Nf1O�� N Ati
S
Vd
• 9-3 P S°°Sl o°Jr;awl ,°.
ul B1104.0 W14o^lisuo3 h!
og
L• _ - i- °35B1Ao3S3N 31r°' A 03A03N7 f.o:
AIA3tl 18/ 71Ut1 A9°3/M 1530
J0 OOJr'a'v 1N3WdOl3A3rJ loaroad srmgy�gb
-Lr /° 1rVglrJ tl33Nl ON3 lo3l•OaA'-- NOIlY1110dS1�YN7 'IN31ddYd3U - V.6MI-M Jouvw
000045
--- w
�... N41•m5••.S•IIJl1U1.1 Jlrl T
�g N , �> ,� � O. •__<O'•,--:--."rte--- • �/��V Y• 4\\ 1
is ••JJIrfH• YI m.� 1 �.O • 1 - �1 j \\ Q 0 41 a,
.N �• �-� Iry __ ' _l off 1- ; Flo _\\\ 3 Z r
IIC
r.
t m o 1
4 :• J: m F •s••...•
/
.•o y
.. t x � IJ? •••• I�p � 1 _P it
I
e
O
CC♦♦:�ovno rlm-oelm-o� - �_. - r Sbq�•J� .-
p o 0 P O O O.O P m P O m 0 � lO^ •'`\ /
/ II
m o
Co N /
OW p O n O N 8 N A N n 0 vn N :._• •.••r• ~'I,0 p /
1C N 01 P P P P P P P cu
N
N v m N O
• 1
o
N .
m j
� _ O
,
1rn.
I r • O •• 1 � r�,r•Y
.'_ ..I '. .. 1 I ,ore •�� �. ....I. . — � J I
r
00 ,
I
,
1 .t •u e '� � 1
< I
' Q
pO
2 J •/ 1
1. a _ I
K 19'B6•►1 cu tY�igl
I 1 I Ms yoo4s•••S 19.96• s+,ll Moton — ►-MS
a3s i n3tl 31ra a/o >taa l9 a3>to31ia -lamea.3 U.I. 1 N 3 W d 0 l 3 A 3 a 10 3 P O a d fiiR7/�/DJ47
is assintl a;? Arr ia31vi 7 kvo M33MICH3 193POtld 8pI1r180dSNTM1 jO ltl3LL1fYd3a -:TiMp m P T1S
60004
u3S1A3u 3ivu•16,u .aa. Aa uJ 33NJI JauaOJA a'a �trldYrdV Idnnu 1J J1 vW..--- 1
MMA
03S I A3a 116/0 Al7 A6 03N IS30 r---33N ION3"WOVJ [— I�IlYla�$aYal ) lard3a - nMID�I n�j0-31—ns 1+'
13
lop
R Rpm,
/O3LV 31"l ••
t.Lts,cows ooS •O'YZT...w114Oio'A•. ".
uG ? eL t JTdT. 5�/ EC 15.06.2 J
1 1 ; 1 -L_)A$-'4o .aC$. Y2.- Wjl LWI I p
fyy gj3t3gj Nti. / vio , n $ EC
-40
qic.�i Pa ' ••,. oo '„ulLI
o. gC{14•30.44".d..
1 T
O
' t O
1 .A
SJ- mGZ ���1mo'IIN iN
.O
0 N S
q t
E 1 Y:
S.
V 7-
SJ YC O F 41
. 1
W n 1 Z -
W -
s0.4.. 0� i •--� 4 7---I. �rt 1 ......._. I o .a.1 G
ff ) 0. u
. o� ..o. g ml i-. I.•'-�- oo r-1 r -F_._ G +N O11 .M
.03
EC 11.91.11 1 q .pie
{ � .Ooot
L r..._. ° 4✓t i Win
�c u
610
10
I � �
r
O � _
$ -
N000.
n1101 4
'' f
m o 1
P P ........
t__. •-I - P O•
Y _� .�--� -} � •-�- j......
...w0 _.S...- ��� LLLL33iitt i ••�• 1 .r I^_.__•I �' `1 Y O O ..
o; oo: { $:
I ; I ! liflli
a351A3a 31x0 c/o >taa Ae 03A33H3 i&imoJr a a 1N3WdOl3A3a 103POk�d $7
—1 A6 0351 AU SN ATV �031�yjjjyj M33N10N3 1731'Oad N011�la0d5NIM1 d0 1N3111aYdl0 - YIMWlIlV3 d0 31tl15 000047
ITEM NUMBER: A - 3
all ''' "® �i III DATE: .03/09/99
ia�a ® i9�e
er s Agenda Report
City Mana
Wade G. McKii ney
Road Abandonment #98004
r Portion of San Palo Road
(Gearhart, 6000 San Palo Road)
RECOMMEND A�IONS:
The Planning Commission recommends:
1. Council find the project would not have a significant effect on the environment and the
Negative Declaration prepared for the project is therefore adequate under the
requirements o the California Environmental Quality Act(CEQA):
2. Council adopt Resolution No. 1999-016, approving Road Abandonment#98004.
Staff recommends:
3. Council authorize staff to negotiate with property owner regarding purchase of abandoned
property.
DISCUSSION:
Analysis: The applicant is requesting the abandonment of a portion of the San Palo Road right-
of way located at 6000 and 6005 San Palo Rd. This portion of San Palo Rd. is .79 acres in size
and is currently unused for street purposes. Four separate commercial tourist parcels lie adjacent
to the proposed abandinunent, all of which are currently vacant, but have plans for commercial
development. The origanal right-of-way was established as part of the Highway 101 project and
provided the City more than adequate width for street purposes.
City Standards require l that the street section of 25 feet from centerline of the existing road to be
retained by the City f'r road widening. Likewise, a six (6) foot Public Utility Easement (PUE)
shall be provided contiguous to all street frontages. Public Improvement Plans for curb; gutter
and sidewalk improvements and water and sewer extensions are currently being reviewed by the
• City Engineer. These improvements will take place within the 25 foot right-of-way to be
maintained by the City.
!I 0 /�.
0048
ITEM NUMBER: A - 3
DATE: 03/09/99
In order for the City to abandon the subject right-of-way, the Planning Commission must make a
finding of General Plan Consistency and a Resolution must be adopted by the-City Council and
recorded upon compliance with any conditions.
General Plan Consistency: Pursuant to the CA Government Code',. "If a general plan or part
there of has been adopted...no real property shall be...vacated or abandoned...until the location,
purpose and extent of such...street vacation or abandonment...has been submitted to and
reported upon by the planning agency as to the conformity with said general plan. or part
thereof. "
Staff believes the abandonment itself will not diminish any circulation goal of the city,
particularly since adequate street right-of-way will be reserved. San Palo Road is considered a
local street and according to the General Plan, "local streets have the sole function of providing
access to adjoining land uses. " San Palo road will maintain its function as defined by the
General Plan.
Abandonment: Under the Streets and Highways Code, this application qualifies as Summary .
Vacation(short form abandonment) as opposed to the General (long form)procedure:
Pursuant to the California Streets and Highways Code', "the legislative body of a local agency
may summarily vacate...an excess right-of-way of a street or highway not required for street or
highway purposes. "
The proposed abandonment is consistent with the state requirements for Summary Vacation
Planning Commission Action: The Planning Commission considered the proposed Road
Abandonment at a public hearing held on February 16, 1999 (Attachment B). The Commission
concurred with staff's recommendations and adopted Resolution No. PC 1999-007 (Attachment
Q. Resolution No. PC 1999-007 finds the proposed Road Abandonment to be in conformance
with the General Plan, as required by the above referenced Government Code, and recommends
that the City Council approve the subject Road Abandonment application based on certain
findings.
Conclusions: The proposed Road Abandonment is consistent with the General Plan, would be
neutral to the environment and raises no substantial planning issues.
FISCAL IMPACT:
Unknown. Staff will negotiate with property owner regarding the purchase price of the property.
•
' Section 65402 00009
2 Section 8334(a)
ITEM NUMBER: A - 3
DATE: 03/09/99
ALTERNATIVE:
The Council could deny the proposed Road Abandonment. This alternative is not recommended
because the right-of way is excessive and the City will continue to maintain adequate right-of-
way. Additionally,the City will no longer be responsible for the portion of land.
RESPONSIBLE EPARTMENT:
Community Develop lent Department
ATTACHMENT :
Attachment A-- Location Map
Attachment B— Planning Commission Resolution 1999-007
Attachment C -- City Council Resolution No. 1999-016
li
000050
i
Z ' •
mutt:!�L.;.�i/��r�si�� � � �► '"-:••_-•;"_ `���
till
tt�
. MEW A
0I �• y .
_
o
Oman so ATTACHMENTA
. _ LOCATION MAP
TOURISTZONING: COMMERCIAL
COMMERCIAL
1.
ATTACHMENT B
Resolution PC 1999-007
Road Abandonment#98008
RESOLUTION NO. 1999-007
A RESOLUTI ON OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO COMMENDING SUMMARILY VACATION OF A PORTION
OF A RO PURSUANT TO STREETS AND HIGHWAYS CODE AND
MAKING CERTAIN FINDINGS THERTO
4
(ROAD ABANDONMENT#98004)
f
WHEREAS, Streets and Highways Code 8330 permits summary vacation of a street or
highway by adoption of a summary vacation; and
WHEREAS, the portion of the San Palo Road right-of way, as shown on the attached
Exhibit, is an excess 'right-of-way of a street or highway not required for street or highway
purposes; and
WHEREAS, tie vacation of a portion of the San Palo Road right-of-way will not work to
cut off access to any y erson's property which, prior to relocation or vacation, adjoined the street
or highway to be vacated; and
WHEREAS, tie vacation of this portion of San Palo Road right-of-way will not affect
any in-place, in-use public utility facility or will not terminate a public service easement; and
WHEREAS, an Initial Study was conducted which indicates the proposed road
abandonment will not have a significant effect on the environment; and
WHEREAS, allDraft Negative Declaration has therefore been prepared and posted for the
proposed abandonment which,barring any new information to the contrary, is adequate under the
California Environmental Quality Act (CEQA); and
WHEREAS, tl�e Planning Commission conducted a public hearing on the proposed Road
Abandonment application on February 16, 1999 and pursuant to Government Code 65402 has
recommended to the Council this portion of San Palo Road right-of-way is not suitable or useful
as a non-motorized transportation facility, or that adequate easements have been retained for such
purposes.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
Atascadero does hereby find that Road Abandonment #98004 is in conformance with the
Atascadero General Plan pursuant to Government Code Section 65402.
BE IT FURTHER RESOLVED, that the Planning Commission of the City of Atascadero
does hereby recommend that the City Council approve Road Abandonment #98004 as shown by
Exhibit A and subject to Conditions of Approval as shown in Exhibit B.
00005
Planning Commission Resolution 1999-007
6000 and 6005 San Palo road
Page 2
On motion by and seconded by the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
i
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Planning Commission
Harold L. Carden III
Chairman
ATTEST:
PAUL M. SALDANA,Director
Community Development Department
o000,5,,3
TCn I�
00 0 EXHIBIT
A
RESOLUTION PC 1999-007
SITE MAP
a
FK
a m
/
n>� s • AJC-
T 2
e
Vl � � / NN ! d
a o o MN� �� co
O
/
/ rsp
Dp 0.0. r., ..
�gOT '$=i
le
.14
000054
/
C9 r>p
.T
a ._..
Y
y
/
` R
"
y
` r •
rip
mt9°bpy+ 9a rap 6180N
's
it $
t$Y
EXHIBIT B
Resolution PC 1999-007
Road Abandonment#98008
i
Engineering:
1. All public improvements shall be constructed in conformance with the City of Atascadero
Engineering Department Standard Specifications and Drawings or as directed by the City
Engineer.
2. A six (6) foot Public Utility Easement(PUE),shall be provided contiguous to all street
frontages.
3. The applicant shall be responsible for the relocation and/or alteration of existing utilities.
The applicant shall install all,new utilities underground.
4. A slope maintenance easement shall be provided on west side of the right-of-way as
needed to maintain cot or fill slopes.
5. The applicant shall have the map reviewed by all applicable public and private utility
companies (cable, telephone, gas, electric,Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility company which indicates their review of
the map. The letter shall identify any new easements which maybe required by the
utility company.
6. The applicant should submit, and demonstrate that there are no existing improvements
within the portion of the offer of dedication to be abandoned.
7. A street width of twenty-five(25') feet from the centerline of existing road(San Palo
Rd.) shall be retained on behalf of the City for public road purposes.
8. As part of the abandonment procedure,the City shall retain a storm drain easement and
public utility easement covering the right-of-way. A metes and bounds description shall
be prepared and found acceptable. This shall be shown on the document to be recorded.
9. The property owner shall indemnify and hold harmless the City from claims that may
arise from the abandonment procedure. This agreement shall be reviewed and found
acceptable by the city attorney.
000055
ATTACHMENT C
Resolution no.1999-016
Road Abandonment#98008
RESOLUTION NO. 1999-016
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
SUMMARILY VACATING A PORTION OF A ROAD PURSUANT TO STREETS
AND HIGHWAYS (ODE; PART 3,PUBLIC STREETS,HIGHWAYS AND SERVICE
EASEMENT$VACATION LAW;CHAPTER 4, SUMMARY VACATION.
(ROAD ABANDONMENT#98004)
WHEREAS, Streets and Highways Code 8330 permits summary vacation of a street or
highway by adoption of a summary vacation; and
WHEREAS, the portion of the San Palo Road right-of way, as shown on the attached
Exhibit, is an excess right-of-way of a street or highway not required for street or highway
purposes; and
WHEREAS, the vacation of a portion of the San Palo Road right-of-way will not work to
cut off access to any person's property which,prior to relocation or vacation, adjoined the street
or highway to be vacated; and
WHEREAS, the vacation of this portion of San Palo Road right-of-way will not affect
any in-place, in-use pudic utility facility or will not terminate a public service easement; and
WHEREAS, an Initial Study was conducted which indicates the proposed road
abandonment will not have a significant effect on the environment; and
WHEREAS, a raft Negative Declaration has therefore been prepared and posted for the
proposed abandonmen which,barring any new information to the contrary, is adequate under the
California Environmei tal Quality Act(CEQA); and
WHEREAS, the Planning Commission conducted a public hearing on the proposed Road
Abandonment application on February 16, 1999 and pursuant to Government Code 65402 has
recommended to the Council this portion of San Palo Road right-of-way is not suitable or useful
as a non-motorized transportation facility, or.that adequate easements have been retained for such
purposes.
NOW, THEREFORE, the Council of the City of Atascadero takes the following actions:
1. Based upon the above findings,the Council now finds and declares the San Palo Road
right-of wav to be unuseable as a non-motorized transportation facility, or that
adequate elements have been retained for such purposes.
2. Based u o the above findings,the Council now finds and declares the proposed
p g p p
vacation o the San Palo Road right-of-way to be in conformance with the City's
General Plan.
000056
City Council Resolution 1999-016
6000 and 6005 San Palo road
Page 2
3. The Council now summarily vacates,pursuant to Streets and Highways Code,Part 3,
Chapter 4, a portion of the San Palo Road right-of-way as shown on the attached
Exhibits subject to the following conditions of approval:
a. All public improvements shall be constructed in conformance with the City of
Atascadero Engineering Department Standard Specifications and Drawings or as
directed by the City Engineer.
b. A six(6) foot Public Utility Easement(PUE) shall be provided contiguous to all
street frontages.
C. The applicant shall be responsible for the relocation and/or alteration of existing
utilities. The applicant shall install all new utilities underground.
d. A slope maintenance easement shall be provided on west side of the right-of-way
as needed to maintain cot or fill slopes.
e. The applicant shall have the map reviewed by all applicable public and private
utility companies (cable, telephone, gas, electric,Atascadero Mutual Water
Company). The applicant shall obtain a letter from each utility company which
indicates their review of the map. The letter shall identify any new easements
which may be required by the utility company.
f. The applicant should submit, and demonstrate that there are no existing
improvements within the portion of the offer of dedication to be abandoned.
g. A street width of twenty-five(25') feet from the centerline of existing road(San
Palo Rd.) shall be retained on behalf of the City for public road purposes.
h. As part of the abandonment procedure,the City shall retain a storm drain
easement and public utility easement covering the right-of-way. A metes and
bounds description shall be prepared and found acceptable. This shall be shown
on the document to be recorded.
i. The property owner shall indemnify and hold harmless the City from claims that
may arise from the abandonment procedure. This agreement shall be reviewed
and found acceptable by the city attorney.
On motion by Councilperson and seconded by ,
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
.000057
City Council Resoluti n 1999=016
6000 and 6005 San Palo road
Page 3
AYES: it
NOES:
i
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
JOHNSON,Mayor
RAY JO .
ATTEST:
PAUL M. SALDAN Director
Community Development Department
000058
ITEM NUMBER: A - 4
DATE: 03/09/99
i iii i ®
Y it
1918 ® 19 9
I _
City Man a er's Agenda Report
Wade G. McKi n6
i
Revisions to the Atascadero Lake Park and Pavilion Food Concessions
Agreement regarding the sale of alcoholic beverages
�I
RECOMMENDA ION:
Authorize the City Manager to execute a revised agreement with Lakeside Cafe & Catering
Company striking the requirement for the concessionaire to sell alcohol in non-disposable
containers only, with the ability of the City to re-invoke the clause upon recommendation of the
Police Department
DISCUSSION:
Bill Rabenaldt, owner and operator of Lakeside Cafe & Catering Compay, the Atascadero Lake
Park and Pavilion Fool Concessionaire has submitted a letter to the City, requesting a revision in
his current,contract. A copy of the letter is attached.
Specifically, Mr. Rab0aldt is requesting that the City strike a provision of the agreement that
requires the Lakeside Cafe to sell alcohol in non-disposable containers. A copy of this provision
is also attached.
Alcohol sales at the L e Park and Pavilion were originally requested by N.C.I. of Paso Robles,
former operators of the Pavilion Food Concessions. The City Council authorized the sale of
alcoholic beverages by the concessionaire and further stipulated that the City not benefit
financially from the sale of alcoholic beverages. The City Council also approved the same terms
for the current agreement with Lakeside Cafe& Catering Company.
Mr. Rabenaldt has requested a change in the agreement so that the Cafe may sell alcohol in
disposable containers.I Mr. Rabenaldt contends that alcohol is already allowed in the park and
the clause limits his ability to provide complete catering services in the park to companies and
families that request coholic beverages.
On September 17, 199p,the Parks and Recreation Commission voted to approve the requested
revisions to the existing Atascadero Lake Park and Pavilion Food Concessions Agreement.
000059
ITEM NUMBER: A - 5
DATE: 03/09/99
FISCAL IMPACT:
No fiscal impact as the Concessionaire does not pay the City of percentage of gross receipts for
the sale of alcoholic beverages .
ALTERNATIVES:
r
No alternative proposed.
RESPONSIBLE DEPARTMENT:
Community Services Department
ATTACHMENTS:
Letter from Bill Rabenaldt •
City Council minutes-8/13/96
Revised Atascadero Lake Park and Pavilion Food Concessions Agreement
Page regarding alcohol restricts from the current contract
000060
LakeSide Cafe& Catering Company
9315 Pismo Avenue
Ataseadero,CA 93422
(805)464-0402
August 31, 1998
Geoff English
Parks&Recreation D partment
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
F Dear Geoff,
I am please to report that our Cafe is open and we are serving the public. We are actively in
pursuit of catering contracts and Betty Gambel is an excellent coordinator for these special
events. Our hot dog and ice cream cart, located at the entrance to the Charles Paddock Zoo, is
also up and running and is being well received by the visitors to Atascadero Lake Park.
I have applied for, and expect to receive my beer and wine license on or about September 21st. I
believe this will allow us to attract many social and business events at the Pavilion. I was
speaking with the representatives of Alcohol and Beverage Control and they indicated that many
one day licenses are issued to visitors to Atascadero Lake Park for the consumption and/or sale
of beer and wine. It as suggested that LakeSide Cafe provide these services to the public since
my license encompasses the Park. This could prove to be financially beneficial to the City of
Atascadero. Since members of the general public would no longer need to deal with ABC,they
would contact LakeSi de Cafe for their needs and at that time,we will inform them of the BBQ
and catering services available. As you know, the City of Atascadero receives 15% of this
business.
In our agreement, I am currently limited to the sale of beer and wine within the Pavilion and on
the patio. I am reque ting that you take another look at the opportunities available to my
company and the City of Atascadero through the sale of beer and wine to patrons of Atascadero
Lake Park. In particu ar, I am requesting that the provision in our existing lease agreement
requiring"beer and I'ne may be sold to be consumed on site in non disposable containers only
(e.g.. cans, paper cu s, etc.). No alcohol may be sold to be consumed off site"be struck from
our agreement. This ctivity takes place daily in the park anyway. I can assure you that I will
make every effort to Make certain that no abuse takes place. Not only would my license be in
jeopardy, I could incur liability as well.
Thank you for your considerations in this matter.
Sincerely,
Bill Rabenaldt
000061
O B Councilmember Johnson' seconded b Councilmember Luna
MOTION: y y
to waive the reading in full and introduce Ordinance No. 308 on first reading
by title only; motion passed 4:0 by roll call vote.
MOTION: By Councilmember Johnson, seconded by. Councilmember Luna. .
to approve Conditional Use Permit 96001; motion passed 4:0 by roll call
vote.
`Councilmember Bewley returned to the dias.
C. REGULAR BUSINESS:
1. DISCUSS GIVING DIRECTION TO STAFF TO AMEND RESOLUTION NO. 122-
94 REGARDING AUTHORIZATION FOR USE OF LINE OF CREDIT AT MLD-
STATE BANK
(Staff recommendation: Provide direction)
Andy Takata explained that the City's cash flow is in good shape and because of
this does not think it is necessary to continue the line of credit. The City
Treasurer agreed and recommended that Resolution No. 122-94 be rescinded. .
There was no public comment.
MOTION: By Councilmember Luna, seconded by Councilmember Carden
to rescind Resolution No. 122-94; motion passed 5:0 by roll caU vote.
2. RESOLUTION NO. 72-96 - Re-authorizing an amended agreement with NCI
Affiliates, Inc. for operation of the Lake Park Pavilion food concession.
(Parks & Recreation Commission recommendation: Adopt)
Brady Cherry provided the staff report and recommended approval. He noted that
the amended agreement would allow for the sale of beer and wine at the Back
Porch Cafe. He clarified that NCI will.carry the liquor license and noted that Item
"G" of the exhibit specifies that the beer and wine may only be consumed on-sight
and will not be served in disposable cups.
Councilmember Johnson asked the Acting Police Chief if there are many alcohol-
related incidents at the Park. Lt. Bill Watton explained that are occasional calls,
most of which are in the evening. Brady Cherry explained that if staff perceives
there to be a problem because of the beer and wine sales, they will notify NCI. If
the problems are not resolved, staff can bring the contract back to Council with a
request that the privilege be revoked.
000062
CC 8/13/96
Public Comments:
Terril Graham, 62051 Conejo Road, spoke in opposition to beer and wine sales at
the Back Porch Caf' and asserted that the City should not authorize a public
facility to serve alcoholic beverages. He suggested that the request be denied and
the rent lowered to assist the operator.
Ray Jansen, 6655 Country Club Drive, agreed with Mr. Graham and concluded the
that the sale of alcoholic beverages in the park contradicts the public's character.
Denise Hughes, 77 2{IO Cortez, manager of Back Porch Cafe, spoke in favor of the
request and explained that the cafe is primarily a training facility for people with
disabilities. She reported that NCI must find a way to make the business viable
and pointed out that alcohol is already allowed in the park. She indicated that she
does not feel a ninetttable cafe will create a problem and assured the Council that
the restaurant will ehforce strict guidelines regarding alcohol consumption.
---end ofublic testi p Y
Council discussion followed. Mayor Highland commented that there has been
alcohol in the park for over thirty years. NCI has done a great job; he said, and
they are providing needed training services. The Mayor suggested that the
Council approve the contract amendment, but find a way to exclude the beer and
wine from the 15% the City receives as payment for rent. There was mutual
agreement in suppo�t of the Mayor's suggestion. Councilmember Luna inquired
whether or not this taction would require that the contract be revised. Brady
Cherry indicated that staff can amend the agreement to include language reflecting
that direction from Council.
MOTION: y Councilmember Carden, seconded by Councilmember
Bewley to adpt Resolution No. 72-96, as amended; motion passed
unanimously y roll call vote.
The Mayor called a �ecess at 8:20 p.m. The meeting reconvened at 8.32 p.m.
3. CONSIDERATION OF A RECOMMENDATION FROM THE PARKS &
RECREATION COMMISSION TO ESTABLISH A MAINTENANCE
ASSESSMENT DISTRICT FOR THE CHARLES PADDOCK ZOO AND
ATASCADERb LAKE PARK
A. RESOLQTION NO. 76-96 - Initiating proceedings to form a
maintenanceassessment district for Atascadero Lake Park, Charles Paddock
Zoo and Ata4adero Lake Park Pavilion
(Parks & Recreation Commission recommendation: Adopt)
I
00000
CC 8/13/96
City of Atascadero
Contract #99001
REVISED 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 TERM: 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 15% of total gross earnings. Gross earnings
shall not include any sales or excise taxes imposed by any
governmental entity.
REVISED ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
1
000064
City of Atascadero
Contract #99001
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
submittedtothe 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 bll' the Contractor to tender payment to the City
within th' rty (30) days of any payment so due, shall be
sufficien 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 RECO DS 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 hall have the right, through its representatives,
and at alireasonable times, to inspect such books and
records, ncluding 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
completioof the audit. If Contractor fails to provide
the required' audit, the City shall contract to have an audit
performed at the Contractor' s expense.
REVISED ATASC ERO LAKE PARK
FOOD CONCESSIOIS AGREEMENT
2
000065
City of Atascadero
Contract #99001
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 damage 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 not 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 (15) days after City determines the period of time
required for and the estimated cost of such repair or
restoration.
REVISED ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
3
000066
City of Atascadero
Contract #99001
2.00 OBLIGATIONS OF CONTRACTOR
2 . 01 MINIMJM 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 HOURSI 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 clads manner to the satisfaction of the Department of
CommunityiServices 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 the right to inspect and schedule the prices
and rates�as
of goods sold upon the subject premises. The City
REVISED ATASCADIERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
4
000067
City of Atascadero
Contract #990010
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
f 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 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS:
City and Contractor intend and agree that Contractor is an
independent contractor of City and agrees that Contractor
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.
REVISED ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
5
000068
Cit
III y of Atascadero
Contract #99001
b. Thatlthe aforesaid hold-harmless agreement by
Contractor shall apply to all damages and claims for
-dama es 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 INS CE: Contractor shall not commence work under
this contract until s/he shall have obtained all
insu ance required under this section and such
insurance shall have been approved by City as to form,
amou t and carrier:
a. Publ c Liabilityand Pro ert Damage Insurance.
Cont actor 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
workcovered by this contract from claims for damages
for ersonal injury, including death, as well as from
claiiis for property damage which may arise from
Contactor's or any subcontractor' s operations under
this contract, whether such operations be by Contractor
or by anyone directly or indirectly employed by
Con4actor, 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.
REVISED ATASCpERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
6
000069
City of Atascadero
Contract #99001
(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 CONTRACTOR'S MAINTENANCE : Except as otherwise provided
in this Agreement, 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
flooring, 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 or 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
REVISED ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
7
0000'70
City of Atascadero
Contract #99001
situated resulting from or attributable to the
actsllor omissions of the Contractor, its invitees
or ' s authorized representatives, and thereafter
prom tly to _repair all such damage at Contractor's
sole cost and expense.
C. To p ovide janitorial services for the interior of
the ubject 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 UTIL TIES: 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 eased premises for reasons beyond the ability or
control of the City shall not constitute a default by
Cityor entitle Contractor to any reduction or
abat ment of the monthly payment due to the City.
3.00 OBLIGATIO S OF CITY
3. 01 COO ERATION: City agrees to comply with all
reasonabl requests of Contractor necessary to the
performance of Contractor's duties under this agreement.
3. 02 PLA�E 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 TERMINATIN 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.
REVISED ATASC ERO LAKE PARK
FOOD CONCESSI0 S AGREEMENT
8
0000'73
City of Atascadero
Contract #99001
4 .02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This
agreement shall terminate automatically on the occurrence of
any of the following events:
(1) Bankruptcy or insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4) The end of the thirty (30) days as set forth in this
agreement
(5) End of the contract to which Contractor's services were
necessary; or
(6) Assignment of this agreement by Contractor without the
consent of the City.
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 Agreementbeyondthe 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 day 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 REMEDIES: The remedies set forth in this agreement
shall not be exclusive but shall be cumulative with, and in
REVISED ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
9
0000'72
City of Atascadero
Contract #99001
addition tlo, all remedies now or hereafter allowed by law or
equity.
5.02 N IVER: The waiver of an breach b an art of
O Y Y Y party
any provision of this agreement shall not constitute a con-
tinuing waiver or a waiver of any subsequent breach of this
agreement.I
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 'Iright 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
relatingto 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 tees .
5.05 TIME FOR PERFORMANCE Except as otherwise expressly
provided or 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 faultlllof 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:
REVISED ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
10
0000'73
City of Atascadero
Contract #99001
PARTY ADDRESS
.A. CITY OF ATASCADERO 6500 Palma Avenue
Department of Atascadero, CA. 93422
Community Services (805) 461-5000
B. CONTRACTOR
Bill Rabenaldt 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 to any assignment of this agreement or any interest
in this agreement.
5. 09 SEVERABILITY: Should any provision of this agreement
be held by a court of competent jurisdiction or by a 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 to the subject matter hereof. This agreement
correctly sets forth the obligations of the parties hereto
to each other as of the date of this agreement. All
agreements or representations respecting the subject matter
of this agreement not expressly set forth or referred to in
this agreement are null and void.
5. 11 TIME: Time is expressly declared to be of the essence
REVISED ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
11
0000'74
City of Atascadero
Contract #99001
of this ag�eement.
5.12 DUE UTHORITY: The parties hereby represent that the
individuals executing this agreement are expressly
authorized to do so on and in behalf of the parties.
5.13 CONSTRUCTION: The parties agree that each has had an
opportunit to have their counsel review this agreement and
that any r le to the effect that ambiguities are to be
resolved aTainst the drafting shall not apply in the
interpreta ion of this agreement or any amendments or
exhibits t ereto. The captions of the sections are for
convenienc and reference only,- and are not intended to be
construed �to define or limit the provisions to which they
relate.
5. 14 AMENENTS: Amendments to this agreement shall be
made only aith the mutual written consent of all of the
parties tothisagreement.
Executed on March 9, 1999, at Atascadero, California.
Attest: CITY OF ATASCADERO
By:
Marcia M. Torge,Irson Ray Johnson
City Clerk Mayor
Approved as to (form:
By:
Roy Hanley, Bill Rabenaldt
City Attorney CONTRACTOR
REVISED ATASCAD�RO LAKE PARK
FOOD CONCESSIONS AGREEMENT
12
0000'75
City of Atascadero
Contract #99001
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, providing that all state and
local laws regulating the sale of alcoholic beverages are
strictly adhered to. Procedures must be established and
maintained to ensure that alcohol is not served or sold to
minors. The City may revoke the privilege to sell alcohol if
alcohol related problems occur related to sales from the
premises.
REVISED ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
13
0000'76
City of Atascadero
Contract #99001
H. An Ice Cream/ Food Cart may be used in Atascadero Lake Park,
weather permitting.
l
I. A Food Cartlwill be operated at the Charles Paddock Zoo. Menu
items and op rating hours are to be determined in mutual
agreement with the Charles Paddock Zoo Curator.
t I .
EXHIBIT B
CONTRACTOR PAYMENT SCHEDULE
Contractor will pay the City Annually:
YEAR FLAT FEE % OF GROSS
Aug 1, 1998-Juiy 31, 1999 $150/Per Month 15%
Aug 1,1999-Ju�y 31, 2000 $175/Per Month 16%
Aug 1, 2000-July 31, 2001 $200/Per Month 17%
C:\WP51\CNTRCTS\PAVC0N#EA
II'I
REVISED ATASCA�ERO LAKE PARK
FOOD CONCESSIOPS AGREEMENT
14
0000'7'7
City of Atascadero
EXHIBIT A Contract #98041
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:
r 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 strictly adhered to. Procedures must be established and
maintained to ensure that alcohol is not served or sold to
minors. The 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
items and operating hours are to be determined in mutual
agreement with the Charles Paddock Zoo Curator.
ATASCADERO LAKE PARK
FOOD CONCESSIONS AGREEMENT
13
0000'78
ITEM N - 1
i NUMBER:—c
DATE: 03/09/99
City Manager's Agenda Report
Wade G. McKinney
r Lease Agreement with the Atascadero Unified School District (AUSD)
RECOMMENDATION:
Council authorize the Mayor to execute lease agreement with the Atascadero Unified School
District.
DISCUSSION:
• The Atascadero Unifier School District(AUSD)has been looking for administrative space to
enable the District to utilize the current administrative offices for student instructional space.
The current District office would provide needed classrooms and is located on an existing
campus. The District las considered a variety of locations including the City-owned Printery for
its offices.
The third floor of the City Administration Building(City Hall) is mostly vacant and would meet
most of the District's space needs. The District Board has taken the necessary actions to approve
a lease agreement with)the City for the space. The District would pay its proportionate share of
the City's utilities,janitorial costs and provide maintenance. The total equivalent cost is $0.51
per square foot or$3,53 per month. The District and the City would share use of conference
rooms and the Rotund for meetings within the current MOU for facilities. This would be a
more efficient use of these spaces and benefit the taxpayer.
This is a first step in School District/City cooperation that will benefit the taxpayers. There will
be a more efficient user of the Memorial Building and the District office will provide
approximately $1,000,000 of instructional space. The City and School District have begun
exploring a variety of joint ventures that will provide savings and efficiencies to the taxpayers.
The long-term advantages of this relationship will provide more value to the office lease.
The School District has a building available for the Genealogical Society. The District has
offered the building foI�$1.00 per year plus utilities. This would solve the Society's relocation
problems.
000079 .
ITEM NUMBER: C - 1
DATE: 03/09/99
FISCAL IMPACT:
The District will pay the proportionate cost of utilities and janitorial. They will provide
maintenance for the third floor. The District will pay $0.24 per square foot and will provide
$0.27 per square foot_ of service making the total value $0.51 per square foot. The District is
leasing 6,907 square feet at a total monthly cost of$3,523.
ALTERNATIVES:
1. Do not lease the space. This would eliminate the potential efficiencies that may benefit
the community. It would leave the City considerable space for other lease opportunities
or expansion. This alternative is not recommended as the potential efficiencies are
determined to be substantial value to the community.
2. . Lease the space to the District at a different rate. The rate was based upon current City
costs and will be re-evaluated after one year of actual experience.
3. Lease less space to the District. The District needs the entire third floor to vacate the
current District office. If they are unable to completely vacate the office it eliminates the
reasons to move at all.
RESPONSIBLE DEPARTMENT: City Manager's Office
ATTACHMENTS:
After the Closed Session meeting on March 1, 1999, the City Attorney is modifying the lease
agreement and will distribute the revised version on March 9, 1999.
000080
ITEM NUMBER:—C - 2
DATE: 03/09/99
1818 p 19 9
City rs Mana Agenda Report
g
Wade G. McKi#ney
Community Survey - 1999
RECOMMENDATION:
Staff recommends:
1. Council authorize the City Manager to distribute by mail and make available at various
locations throughout the city, a Community Survey soliciting opinions from the citizens of
Atascadero regarding things they would like the City to accomplish over the next year,
2. Council authorize the City Manager to schedule a Community Workshop,hosted by the City
Council,to be held)on a date and at a location identified by the Council to provide the
• community with a ublic forum to directly share their opinions with the Council regarding
things they would ike the City to accomplish over the next year, and
3. Council authorize�he appropriation of a maximum of$12,000 from unallocated reserves for
this project.
DISCUSSION:
Background: The Council developed a Citizen Participation Action Plan during its Strategic
Planning sessions in February. Staff was directed to prepare a Community Survey to be mailed to
all homes and businesses in Atascadero. Staff was to make the survey as broad as possible and
report back to the Council with the approach to be utilized and the anticipated costs.
Summary: Staff has developed a two sided, one page Community Survey,which asks, "What
things would you like your City to accomplish over the next year?" Citizens are asked to share
three to five things they believe the City should accomplish and are provided five sets of blank
lines in which to give their response.
• I�
000081
1
ITEM NUMBER: C - 2
DATE: 03/09/99
The Community Survey will be mailed to every home and business in Atascadero and will be
available at all City offices, the Chamber of Commerce, and the local public library. Once
completed, the Community Survey can be returned to the City by one of several ways:
• By mail.Postage is pre-paid.
• By Fax to the City Manager's Office.
• By dropping it by any city office.
• By E-mailing their responses to our e-mail address.
A Community Workshop,hosted by the Council,will be held on a date and at a location identified
by the Council. The workshop is intended to provide the community with a public forum to directly
share their opinions with the Council regarding things they would like the City to accomplish over
the next year. The Community Workshop will be noticed on the survey being mailed to all
Atascadero homes and businesses.
Conclusion: Staff will compile the information provided through the survey and the workshop
and present it to the Council on a date to be identified by the Council.
FISCAL IMPACT:
The funding source for the Community Survey and Workshop is unallocated reserves.
Estimated Project Expenditures:
Printing and folding of 11,500 surveys $ 500
Printing of 11,500 envelopes 500
Inserting and bundling 250
Outgoing mail costs 1,500
Return mail costs 7,200
(based on an anticipated return rate of 10% and 33 cents postage
and 30 cents handling cost per piece of mail returned)
Business Reply Mail (BRM) application 100
BRM annual permit fee 100
TOTAL ESTIMATED EXPENDITURES $ 10,150
RESPONSIBLE DEPARTMENT: City Manager's Office
ATTACHMENTS:
Attachment A Community Y Surve •
000082
otascaderoCity .
Iola m 1979
CommunitySurvey 1999
What things would you like your City to
accomplish over the next year?
We need yourhelP in answering this very important question.
INA CONTINUING EFFORT TO IMPROVE THE QUALITY OF LIFE IN ATASCADERO, your City Council wants to identify
those things you would like accomplished over the next year.We would like to hear from as many citizens as possible in
order to gain the greatest insight into those things you believe most important to accomplish. To that end, this Citizen
Survey has been .mailed to eery residence and every business in Atascadero and is available at all City offices, the
Chamber of Commerce and th$local public library.
What things woujd you like your City to accomplish over the next year?
PLEASE TAKE TIME OUT OF Y UR BUSY DAY to give this question some thought and to complete the other side of this
bulletin. Atascadero is your ommunity and your thoughts concerning its future are important. You can share your
answers,thoughts and comments with us in several ways:
• Mail it. Postage is pre-paid.Just fold,staple and drop this survey in the mail.
• Fax it. Our fax number is 461-0606.
• Drop it by. Bring it by any city office and drop it off.
• E-mail it. E-mail your answers or thoughts to beheard@cityhall.atascadereo.org.
Fold and tape here for mailing—please do not staple
---------------------------- ---------------------------------------------
BUSINESS ESS REPLY MAIL .
FIRST-CLASS MAIL PERMIT NO.XXX ATASCADERO, CA
POSTAGE WILL BE PAID BY ADDRESSEE
City of Atascadero
City Manager's Office
6500 Palma Avenue,Room 208
Atascadero, CA 93422
000083
City of Atascadero
Community Survey 1999
What things would you like your City to
accomplish over the next year ?
Please share with us the three to five things that you believe the City should accomplish over the next year.
1.
2.
3. �.
4.
5.
A Community Workshop will be hosted by the City Council on 1999, at p.m., at
Everyone is invited and all are encouraged to attend and
participate.
If you have any questions about the Community Survey or the Community Workshop,
please call us at 461-5010.
------------------------------------------------------------------------
000084
ITEM NUMBER: C - 3
DATE: 03/09/99
n
• 61ra ® 1979
CityMana$-er s Agenda Report
Wade G. McKinney
Information Bulletin
A. Highway 41 Realignment Update
Community Servicesirector Brady Cherry will give an oral report on information received
from CalTr, concerning issues discussed at the City Council meeting of February 23, 1999.
B. Employee U ate
Dave Boyd P/Time Recreation Leader Hired 2/22/99
Teresa Lara P/Time Recreation Leader Hired 2/22/99
• Pat Hicks Permit Coordinator Reclassification 3/1/99
Caine Slezak P/Time Service Worker Hired 2/19/99
Ryan Rietkerk /Time Recreation Leader Hired 2/22/99
Nicole Hughes /Time Service Worker Hired 2/23/99
IIS .
000085
ITEM NUMBER: D - 1
DATE: 03/09/99
nip Winn
City Attorney ey s Agenda Report
g
Roy A. Hanley l
Lakes Partnership Contribution Contract
RECOMMENDA'T'ION:
City Attorney recommends Council authorize the Mayor to enter into the donation contract with
the Lakes Partnership.
DISCUSSION:
This contract comes before the City Council as a result of a commitment made by the general
• partner of the Lakes Partnership at the regular city council meeting of February 9, 1999. At that
meeting, the applicantade a commitment to make a donation of$250,000.00 to Atascadero for
the purchase and construction of recreational facilities. The attached contract matches the general
description of the commitment given at the meeting. The purpose of the donation is to offset the
additional impacts to the recreational needs of the City caused by the project. The contract will
provide for donations to be made in increments as each house receives its final inspection. The
maximum donation required under the contract is $250,000.00.
FISCAL IMPACT:
This will provide phased receipt for the Atascadero Community Services Foundation of
$250,000.00 over the next few years. Careful consideration will have to be given in the future to
the potential increase in maintenance costs to the City of any proposed purchase or construction.
If the city does not consider each item it is possible for the maintenance costs to have a future
impact on the budget o the CoOmmunity Services Department or to,impact its ability to maintain
the facilities and structures owned by the City.
ALTERNATIVES k
The City is not required to have the money donated to the Community Services Foundation. The
purpose of this is to maximize the ability of the Developer to claim a tax deduction for the
donations. The Council may choose to have the money donated directly to the City.If this
alternative is chosen,then the Administrative Services Director should be consulted for the
000086
ITEM NUMBER: D - 1
DATE: 03/09/99
appropriate way to set up the account. The.Council is free to alter the conditions of the donations
so long as the Developer is in agreement.
RESPONSIBLE DEPARTMENT: City Attorney -
ATTACHMENTS: Proposed Contract
•
000087.
CITY OF ATASCADERO DEVELOPMENT AGREEMENT
FOR TENTATIVE SUBDIVISION MAP 2271
AND PLANNED RESIDENTIAL DEVELOPMENT
This Development Agreement ("Agreement") was approved subsequent to
Ordinance No. 357, adopted on February 23, 1999. This Agreement becomes effective
thirty (30) days thereafter.
Name and Address of Developer: The Lakes In Atascadero, LLC
6955 EI Camino Real
Atascadero, CA 93422
Property Sub�ect to this Agreement: .
Asses or's Parcel Number See Exhibit A
attach d hereto and incorporated herein in full by this
refere ce.
RECITALS:
WHEREAS, his is an Agreement between the City of Atascadero ("City") and the
above-named Developer; and
WHEREAS, Developer intends to develop approximately 142 acres described in
Exhibit A, ("Property"), as a planned clustered residential development, open space, and
recreational facilities; and
WHEREAS, Ian connection with such development of the Property and so as to be
consistent with the eneral plan, Developer has agreed to contribute $250,000.00 to the
Atascadero.Commu ity Services Foundation, a California Non Profit Corporation and has
agreed to the terms and conditions of approval contained in the City approvals for the
project; and
WHEREAS, ity and Developer want the development of the Property to proceed,
subject to the City conditions of approval, in accordance with the City's land use
regulations and policies in effect at the time of approval of this Agreement, except as
otherwise provided herein; and
WHEREAS, lin consideration of the promises made by Developer herein, City has
assured Developer of certain rights to develop without restraints imposed subsequent to
execution of this Ag eement; and
WHEREAS, �in granting the requested legislative amendments which include a
general plan amendment and zone change, the City Council wishes to see the project
000088
carried out fully and in accordance with the representations made by the Developer
through the public hearing process; and
WHEREAS, City specifically finds that the proposed development of the Property
and this Agreement are consistent with the City's general plan; and
WHEREAS, The City has coordinated its planning process with other agencies
having jurisdiction relative to the Property; and.
WHEREAS, The City and the Developer have coordinated and considered the
surrounding land uses including the adjacent single family residential area in the project's
design in order to establish land use compatibility, and have determined that the size and
scope of the project will negatively impact the ability of the City to supply recreational
needs of its future citizens; and
WHEREAS, City represents that City has complied with all 'legal requisites. for
entering into this Agreement and the Developer represents that it has complied with all
legal requirements for entering into this Agreement.
NOW, THEREFORE, City and Developer agree as follows:
1. Description of Project. Developer agrees to develop the approximately 142 acres
of Tentative Subdivision Map No. 2271 to include 122 single family residential lots
and two open space lots.
2. Duration of Agreement. Subject to the terms of this Agreement, this Agreement
shall continue in full force and effect until the project is complete.
3. Effect of Agreement. The provisions of this Agreement shall not prevail over any
conditions imposed by the Planned Residential Development for Case No. 97003
or the Map that are directly in conflict with (as opposed to being in addition to)
provisions of this Agreement, except those that the City deems appropriate due to
the detection of an unexpected or unforeseen problem or circumstance which may
arise from the construction or development of Developer's subdivision and which
poses a threat to the public health or safety.
4. Special Provisions.
(a) City and Developer acknowledge that this Agreement is entered into with the
express understanding that this Agreement, pursuant to its terms, gives
Developer no additional vested rights as of the execution of this Agreement
to subdivide and construct in accordance with this Agreement. Accordingly,
this Agreement will not be altered or changed, nor can any of Developer's
rights be delayed, compromised or altered without Developer's express
000089
written consent by any ordinance adopted by the City Council Accordingly,
Y,
City shall process and issue all approvals and permits, specifically
including, but not limited to, the Final Map approval, building permits and
certificates of occupancy related to the project subject to Developer's
compliance with all conditions of this Agreement, and conditions of approval
the payment of all applicable fees at the rates in force at the time of payment
of such fees, and with such other reasonable conditions imposed by City.
This Agreement does not give Developer any right to build without
compliance with all City requirements, regulations, and codes.
f
(b) City and Developer further acknowledge that Developer would not have
agreed, to the provisions of this Agreement, or entered into this Agreement,
without the commitment, agreement and assurance of City that Developer
will hae, and hereby has, the vested right to develop the project in
accordance with the conditions of approval.
(c) Notwithstanding the foregoing, Developer agrees that the division of the
Property and the construction on the Property are subject to the following:
(1) All the conditions of approval of Resolution 1999-013 Case Number
97003: Development Plan and Tentative Subdivision Map No. 2271.
O2 Prior to recordation of the Final Map, a set of Covenants, Conditions,
I
and Restrictions shall be reviewed and approved by the City Attorney
for recordation by the Developer on the Property that comprises the
(project to assure that the project is developed and maintained in
laccordance with the conditions of approval referenced in paragraph
I(1), above. If the Covenants, Conditions, and Restrictions are not
approved by the City Attorney, then the Developer agrees that all
approvals of Case Number 97003: Development Plan and Tentative
Subdivision Map No. 2271 shall be deemed null and void and the
Developer shall have no right to proceed with the subdivision of the
(property or the Development of the property under this Agreement.
li In such event, the Developer hereby appoints the City as its agent
land hereby gives to the City a power of attorney on behalf of
,Developer to apply for and process such applications as the City
(deems necessary to return the zoning, general plan, and other
regulatory attributes of the Property to the same conditions as prior to
the approvals referenced herein or set forth in this Agreement.
(d) In order to offset the additional recreational impacts to the City Developer
shall pay, as hereiIpafter set forth, the total sum of $250,000.00 to the Atascadero
Community Services Foundation, a California Non Profit Corporation, for the express
purpose of purchas ng recreational facilities in the City of Atascadero. Developer shall
make a contribution of $2,050.00 per house for each and every house to be built. The
I�' 000090
contribution shall be made at the time a final inspection is called for by the developer on
each home. The maximum contribution total is $250,000.00. The City and the Atascadero
Foundation will place particular emphasis on purchasing land for use as ballfields and for
the construction of any fields so purchased. The money shall be segregated from other
funds maintained by the Foundation. In making use of the funds for purchases, the
Foundation shall pay particular attention to the ability t o leverage the funds with other
sources available. The Foundation shall not purchase or construct any facilities without the
prior written consent of the City. City shall withhold consent if the City does not have the
financial ability to perform the additional maintenance of the proposed property or facility.
w Default in making this payment shall be considered a default by the Developer and City
-` shall be entitled to all remedies for default mentioned in this Agreement.
7. Regulations Governing Development.
(a) Except as set forth in this Agreement, City and Developer understand that
the rules, regulations, and official policies governing permitted land uses
and density, except for the type and amount of fees, as well as criteria for
design, public and private improvements, and construction standards and
specifications applicable to development of the Property shall be those in
force at the time of execution of this Agreement. The type and amount of
fees shall be those fees and amounts in effect at the time for payment of
such fees.
(b) The City shall have the right to require compliance with revised uniform
building codes, and this Agreement is not intended to affect the City's ability
to impose or change development fees. Notwithstanding the above,
Developer acknowledges that in the event City establishes an assessment
district or districts, including the Property, for any purpose,, the Developer
shall be assessed and shall pay the assessments as any other property
owner in such district or districts.
(c) City shall also have the right to impose reasonable conditions in connection
with the Map and subsequent discretionary permit actions not inconsistent
with this Agreement, but such conditions and actions shall not conflict with
the approval of the project as approved and contemplated herein.
8. Amendment. Cancellation and Enforcement.
(a) In the event of changes in State or federal laws or regulations, acts of God,
or other circumstances which substantially interfere with carrying out the
project as planned or with the ability of either party to perform its obligations
under this Agreement, City and Developer agree to bargain in good faith to
modify such obligations to allow the project to proceed as planned to the
extent practicable.
000091
b Upon toe occurrence of a default of either party, the art not in default shall
O p � p rtY party
give the party in default written Notice of Default. The defaulting party shall
have thirty (30) calendar days from the date of Notice of Default to cure the
default if such default is curable within such thirty (30) days. If such default
is so cred, then the parties need not take any further action except that the
defaut ing party may require the non-defaulting party to give written notice
that thdefault has been adequately cured. Should the default not be cured
within �hirty (30) calendar days from the date of notice, or should the default
be of a nature which cannot be reasonably cured within such thirty (30) day
period and the defaulting party has failed to commence within the thirty (30)
day period and thereafter diligently prosecute the cure, the non-defaulting
party may then take any legal or equitable action to enforce its rights under
this Agreement.
9. Notices. All notices required under this Agreement shall be in writing and
delivered in hand or by certified mail, postage prepaid to:
Developer: The Lakes In Atascadero
6955 EI Camino Real
Atascadero, CA 93422
City: City Manager, City of Atascadero
.6500 Palma
Atascadero, CA 93422
Either party n'ay change its address by written notice to the other. Notice shall be
effective on date delivered in hand or on the date when the postal service certifies
that mailing Was delivered by certified mail receipt.
10. Assignment. The addition of a new partner or financing entity to Developer or the
hypothecation by Developer of the Property for financing purposes shall not
constitute any breach or be considered to be a transfer of this Agreement:.
Developer shall have the right to assign and transfer the rights contained herein by
an appropriate assignment document so long as the assignment also contains an
assumption by the transferee or assignee of all of the obligations applicable to
Developer provided for herein. Prior to recordation of the Covenants, Conditions,
and Restrictions as approved by the City Attorney pursuant to section 7(c) (2),
herein, City hall have the right to approve any successor to the Developer, which
approval shal not be withheld unless City Council finds that the successor is unable
or unwilling o comply with the terms of the Agreement. Upon such transfer,
assignment and assumption, Developer shall be released from further obligation
hereunder.
11. Developer Ri hts and Remedies.
000092
(a) Developer may enforce this Agreement by obtaining specific performance
and interim mandatory injunctive relief, specifically including, but not limited
to, the issuance of building permits and certificates of occupancy.
Developer shall also be entitled to all other rights and remedies as may arise
by law. Such rights and remedies shall be cumulative.
(b) Nothing contained herein shall limit or interfere with liens of mortgage holders
having a mortgage made in good faith or value on any portion of the
Property. A mortgage holder includes the beneficiary under a deed of trust
and mortgage includes a deed of trust.
12. Governing Law. City and Developer agree that the construction and interpretation
of this Agreement and the rights and duties of City and Developer hereunder shall
be governed by the laws of the State of California.
13. Compliance with Laws. Except as set forth herein, Developer agrees to comply
with all federal, State, and local laws, rules, and regulations, now or hereafter in
force, pertaining to this Agreement.
14. Severability. City and Developer agree that the invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision.
15. Waiver. City and Developer agree that no waiver of a breach of any provision of
this Agreement by either Developer or City shall constitute a waiver or any other
breach of the same provision or any other provision of this Agreement. Failure of
either City or Developer to enforce at any time, or from time to time, any provision
of this Agreement, shall not be construed as a waiver of such provision or breach.
16. Costs of Enforcement. Developer and City agree to pay all reasonable costs,
attorneys' fees (including the reasonable value of the services rendered by the City
Attorney's Department) and expenses, including investigation fees, and expert
witness fees, to the prevailing party in any dispute involving the terms and
conditions of this Agreement.
17. Time. Developer and City agree that time is of the essence in regard to
performance of any of the terms or conditions of this Agreement.
18. Paragraph Headings. City and Developer agree that paragraph headings in this
Agreement are for convenience only and are not intended to be used in interpreting
or construing the terms, covenants or conditions of this Agreement.
19. Venue. City and Developer agree that venue shall be in San Luis Obispo County
for any action filed in State court or for any arbitration. Venue for any action filed
in federal court shall be in the United States District Court for the Central District for
California.
000093
and Developer agree that this Agreement 20. Entire A ree ent. City a p g g Bement constitutes the
entire Agreement of the parties and supersedes all prior communications,
agreements, and promises, either oral or written. City and Developer agree that
the terms and conditions of the Agreement may be reviewed or modified at any
time. Anmodifications
y to this Agreement, however, shall be effective only when
agreed to in writing by both City and Developer.
CITY OF ATASCAD RO DEVELOPER
BY.
BY:
Ray Johnson Dennis Moresco, General Partner
Mayor
ATTEST: APPROVED AS TO FORK .
BY: BY:
Marcia Torge on Roy A. Hanley
City Clerk - City Attorney
atas:deveiop.agr
OU 1
I, OUO t