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HomeMy WebLinkAboutAgenda Packet 08/27/1991 RKIC REVIEW OTT PLEASE QQ- IT—REMOYE FROM MUNTE° * NOTICE: THE COUNCIL WILL MEET IN OPEN SESSIO AT 2:00 P.M. IN THE COUNCIL CHAMBERS FOR THE PURPOSE OF RECEIV- ING A REPORT FROM RECHT HAUSRATH $ ASSOC. , THE COUNTY'S CONSULTANT, REGARDING THE PRELIMINARY DRAFT S.L.O. COUNTY PUBLIC FACILITIES FINANCING PLAN. A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM AUGUST 27, 1991 7:00 P.M. This agenda is prepared and posted pursuant t6 the require- ments of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action ideontified in the brief general description of each item, the action that may be tak- en shall include: A referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and, Oisapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are ion file in the office of the City Clerk, available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. 3 i Call to Order Pledge of Allegiance Roll Call City Council Comments COMMUNITY FORU14: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any Council Member, commissions and staff. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary. ) : 1. S.L.O. Area Coordinating Council/North Coastal Transit 2. Solid/Hazardous Waste Management Committee 3. Recycling Committee 4. Economic Opportunity Commission 5. City/School Committee 6. Traffic Committee 7. Downtown Interim Sign Committee 8. County Water Advisory Board 9. Economic Round Table 10. B.I.A. 11. Colony Roads Committee 12. County-wide Fee Study B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are consid- ered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. CITY .COUNCIL MINUTES - AUGUST 13, 1991 2. CONSOLIDATED TREASURER'S REPORT - JULY, 1991 3. FINAL PARCEL MAP 13-88, 6325 TECORIDA - Subdivision of 1.42 acres into four parcels containing 0.32, 0.34, 0.52and 0.23 acres for commercial use (Grinnell/Cuesta Engineering) 4. TIME E%TENSION FOR TENTATIVE PARCEL MAP 04-89, ni7445 CORTEZ - Request to allow subdivision of 8.26 acres into four lots (Larsen/Cuesta Engineering) 5. TENTATIVE PARCEL MAP 06-91, 6905 ATASCADERO AVE. - Request to create a four-unit residential condominium projelet (Bough/Baud & Associates, Agent) 6. TENTATIVE TRACT MAP 8-91, 7605 MORRO ROAD - Reqest to create a commercial condominium project consisting o six airspace units for professional/medical office use (Gold en West Devel- opment/Shannon) 7 . RESOLUTION NO. 82-91 - REAPPOINTING (3) MEMBERS TO THE CITY'S RECYCLING COMMITTEE S. RESOLUTION NO. 83-91 - AUTHORIZING THE CALIFO*NIA 'STATE DE- PARTMENT OF GENERAL SERVICES TO PURCHASE CER�AIN ITEMS ON BEHALF OF THE CITY OF ATASCADERO 9. AWARD OF BID #91-9 FOR PHOTOCOPIER 10. PROPOSED CUSTOMER RELATIONS TRAINING 11. ASSISTANT CITY ATTORNEY DESIGNATION 12. AWARD OF BID #9:1-11 FOR PURCHASE OF TWO (2) DIAD.-A-RIDE BUSES 13. AWARD OF BID #91-12 FOR INTERIOR PAINTING OF C$TY HALL C. HEARINGS APPEARANCES: E 1. ROAD ABANDONMENT 01-91 - Request to abandon a portion of the Curbaril Avenue right-of-way at 9325 Curbaril Avenue (Gear- hart/Sierra Pacific Engineering) A. Resolution No. 85-91 - Summarily vacating A portion of a road pursuant to Streets & Highways Code; kart 3, Public Streets, Highways & Service Easements Vacation Law; Chap- ter 4, Summary Vacation; 8333 (being a portion of the Curbaril Ave. right-of-way) D. REGULAR BUSINESS• 1. ATASCADERO ROADS A. Colony Roads Ownership - Status Report of Inventory (City Attorney) s- 4E3 3 __ i B. Road Standards Study - Status Report (North Coast Engi- neering) C. Road Assessment Districts - General Discussion (Willdan Associates) 2. ESTABLISHING NON-PROFIT CORPORATION 3. RESOLUTION NO. 84-91 - WAIVING FEES FOR DOWNTOWN AWNINGS IN- STALLED PURSUANT N-STALLED-PURSUANT TO THE "DOWNTOWN SIGN PROGRAM" 4. ORDINANCE NO. 226 - AMENDING TITLE 8 OF THE ATASCADERO MUNI. CODE BY THE ADDITION OF CHAPTER 12 RELATIVE TO EARTHQUAKE HAZARD REDUCTION IN EXISTING UNREINFORCED MASONRY BUILDINGS (Recommend motion to waive reading in full and approve on second reading by title only) (Cont'd from 8/13/91) S. ORDINANCE NO. 234 -AMENDING TITLE 11 OF THE ATASCADERO MUNI- CIPAL CODE (SUBDIVISION ORDINANCE) (Recommend motion to waive reading in full and approve on second reading by title only) (Cont'`d from 8/13/91 4r--- Oi#N'P3E-i�IHE-- $A3�DQNE$--VEHICJ&-ABAXXM9=-FR0GRAM- ITEM PULLED. 7. RESOLUTION NO. 72-91 - AUTHORIZING THE EXECUTION OF AN AGREE- MENT WITH HINDERLITER, DELLAMAS & ASSOCIATES TO PERFORM SALES TAR REVENUE MONITORING SERVICES , 8. APPEARANCE REVIEW COMMITTEE PROPOSAL E. INDIVIDUAL D . DETERMINATION ANI NR ACTION, 1. City Council 2. City; Attorney L 3. City Clerk 4. City Treasurer 5. City Manager * NOTICE: THE COUNCIL WILL ADJOURN TO A CLOSED SESSION FOR PURPOSES OF DISCUSSION REGARDING PERSONNEL SALARY NEGOTIATIONS, PURSUANT TO GOVERNMENT CODE SECTION. 54957.6, AND PROPERTY ACQUISITION STATUS. Agenda Item # B-1 Meeting Date: 8/27/91 ATASCADERO CITY COUNCIL MINUTES AUGUST 13, 1991 Mayor Shiers called the meeting to order at 7:05 p.m. Councilman Nimmo led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Lilley, Borgeson, Nimmo, Dexter and Mayor Shiers Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Greg Luke, Public Works Director; Lt. Bill Watton, Police Department and Bill Wittmeyer, Compliance Official COUNCIL COMMENTS: Mayor Shiers congratulated the Fire Chief's daughter, Kara McCain, for being selected as Maid of San Luis Obispo County. Councilwoman Borgeson also extended congratulations to Tracy Porter, pageant runner-up. Mayor Shiers noted that Tracy's grandparents, Mr. and Mrs. George Porter, had been chosen as King and Queen of the Colony Days Parade. Mayor Shiers announced that Councilwoman Borgeson had been named "Citizen of the Year" by the Atascadero Historical Society. He also reported that the Atascadero All-Star Little League Team had won the district championships. PROCLAMATION• Mayor Shiers read the proclamation in support of "The California National Guard" and presented it to Sgt. Dennis Brown. CC8/13/91 . Page 1 Agenda Item # S-1 Meeting Date 8/27/91 COMMUNITY FORUM: Don Saueressig, 10735 San Marcos Road, reported that past efforts to form an assessment district in his area had failed due to a lack of accurate information. He urged Council to get a road policy set, to approve road standards and to give tax payers their fair share of maintenance on the roads. Mr. Saueressig remarked that he would have preferred to see the money Council spent on the E.G. Lewis desk spent, instead, on road improvements. He added that the City should have staff conduct studies, rather than to hire consultants and asserted that Council needs to get control of its , budget and put more money into basic services. Sarah Gronstrand, 7620 Del Rio Road, proclaimed that she was angry that citizen complaints were continuing regarding the Council' s purchase of the E.G. Lewis desk. She stated that the desk commemorated the City's founder and indicated support for its' purchase. Bob Huot, 3850 Ardilla Road, criticized Councilman Dexter for interrupting public testimony given by George Luna on July 23, 1991. Eric Greening, 7365 Valle, complimented the citizens of Atascadero for respectful and orderly decorum while attending public meetings. He indicated that he had recently observed another community' s City Council meeting were the atmosphere was quite different. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. S.L.O. Area Coordinating Council/North Coastal Transit - Councilwoman Borgeson reported that there would be a special meeting on August 14, 1991 at 9:00 a.m. in the San Luis Obispo County Board of Supervisors' Chambers. She presented an overview of items scheduled for the agenda. 2. Solid/Hazardous Waste Management Committee - Councilman Nimmo reported that this committee had met on August 8, 1991 where he and others had voiced frustration regarding overlapping responsibilities of the technical task force and the advisory body. He added that he hoped future meetings would be more productive. CC8/13/91 Page 2 . Agenda Item # 8-1 Meeting Date: 8/27/91 3. Recycling Committee - Mayor Shiers reported that this committee had met twice and that winners had been selected for the Logo/Mascot Contest. He indicated that composting bins were available for purchase at the Tiki Hut (Charles Paddock Zoo) and presented a potential plan for involving senior citizens. The mayor also announced that three members' terms were soon to expire and that each had expressed interest in continuing to serve on the committee. He named the members as follows: Renee Silberman, James Patterson and Michele Velasco and indicated that the committee by-laws allowed for re- appointment, but that it was a matter of Council discretion. The City Manager noted that this item would be on the Consent Calendar for the next meeting. 4. Economic Opportunity Commission - Councilman Dexter reported that the commission would be meeting on the following day: August 14, 1991. 5. City/School Committee - Mr. Windsor reported that the next meeting would be Thursday, August 15, 1991 at 1:30 p.m. in his office at City Hall. 6. Traffic Committee - Councilman Dexter announced the committee would meet again the next day, Wednesday, August 14, 1991 at 3:30 p.m. , Room 308, City Hall. 7 . Downtown Interim Sign Committee - Councilman Lilley provided an overview of the open meeting held on August 12, 1991 and thanked Assistant Planner, Bob Malone, for professional graphic art assistance. In addition, Councilman Lilley reported that three downtown businesses had agreed to become "guinea pigs" for the proposed design and signing concept. 8. Economic Round Table - Councilman Lilley indicated that the roundtable was continuing to gather creative, serious and informed input into long-range planning for economic development of the City. He announced that the next meeting would be Wednesday, August 14, 1991 at 7:30 a.m. in Room 102 of City Hall. (Note: Councilman Lilley corrected this date later, see page 18) 9. Colony Roads Committee - The City Manager reported that the next meeting would be on Monday, August 19, 1991 at 10: 00 a.m. (Note: Mr. Windsor corrected this meeting CC8/13/91 Page 3 Agenda Item # B-1 Meeting Date: 8/27/91 time, see page 19) 10. County-wide Fee Study - Mark Joseph announced that he had received the final draft of the County's Development Fee Impact Report and that copies would be distributed to Council. B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar as follows: 1. CITY COUNCIL MINUTES - JULY 9,1991 2. CITY COUNCIL MINUTES - JULY 23, 1991 3. PERSONNEL ACTIONS: A. RESOLUTION NO. 75-91 - APPROVING A MEMORANDUM OF UNDER- STANDING (MOU) BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO SERGEANTS SERVICE ORGANIZATION B. RESOLUTION NO. 76-91 - APPROVING AN MOU BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO POLICE OFFICERS ASSO- CIATION C. RESOLUTION NO. 77-91 - APPROVING AN MOU BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO PUBLIC SAFETY TECHNI- CIANS ORGANIZATION D. RESOLUTION NO. 78-91 - ADOPTING SALARIES AND BENEFITS FOR MANAGEMENT EMPLOYEES E. RESOLUTION NO. 79-91 - ADOPTING SALARIES AND BENEFITS FOR CONFIDENTIAL EMPLOYEES F. RESOLUTION NO. 80-91 - ADOPTING A SALARY SCHEDULE AND POSITION ALLOCATION SCHEDULE FOR THE CITY OF ATASCADERO 4. RESOLUTION NO. 81-91 - AUTHORIZING ENDORSEMENT OF THE APPLI- CATION FOR GRANT FUNDS TO CONSTRUCT BIKEWAYS AND BIKEWAY FACILITIES UNDER THE CLEAN AIR AND .TRANSPORTATION IMPROVEMENT ACT 5. RESOLUTION NO. 74-91 - AUTHORIZING ESTABLISHMENT OF A "NO PARKING" ZONE ALONG A PORTION OF EL CAMINO REAL CC8/13/91 Page 4 Agenda Item # B-1 Meeting Date: 8/27/91 6. ACCEPTANCE OF FINAL PARCEL MAP 04-90, 4400 OBISPO ROAD - Div- ision of 10.53 acres into two lots of 4.0 and 6.53 acres (Bri.mfield/Cuesta Engineering) Councilwoman Borgeson asked that item #B-5 be pulled for further discussion. Doug Lewis, Atascadero resident, pulled item #B-4. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to approve the Consent Calendar with the exception of items #B-4 and 5; motion carried unanimously by roll call vote. Re: #B-4. RESOLUTION NO. 81-91 - AUTHORIZING ENDORSEMENT OF THE APPLICATION FOR GRANT FUNDS TO CONSTRUCT BIKEWAYS AND BIKEWAY FACILITIES UNDER THE CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT Mr. Lewis asked if consideration would be given to the proposed Lewis Avenue Bridge. Greg Luke, Public Works Director, clarified that the grant application consists only of bike lanes along El Camino Real. The bridge, he explained, was projected for construction as part of the City' s 5-Year Capital Improvement Program. MOTION: By Councilman Nimmo, seconded by Councilman Lilley to approve Consent Calendar Item #B-4; motion carried unanimously. Re: #B-5. RESOLUTION NO. 74-91 - AUTHORIZING ESTABLISHMENT OF A "NO PARKING" ZONE ALONG A PORTION OF EL CAMINO REAL Councilwoman Borgeson indicated that, if approved, three parking spaces would be lost at this location. She recognized the lack of a comprehensive plan for red curbing along E1 Camino Real and suggested to staff that curbs be painted red four feet back from driveways. Councilman Lilley indicated that was distressed over the Traffic Committee' s arbitrary limiting of parking and stated that the matter, because it relates to site distance, should be reviewed by an engineer. Mayor Shiers proposed the issue be referred for further study. Councilman Nimmo recognized the danger at this location and suggested that the two driveways be designated; one as an entrance, CC8/13/91 Page 5 Agenda Item # B-1 Meeting Date: 8/27/91 the other as an exit. Councilwoman Borgeson asserted that when malls are being designed, matters of this nature should be addressed. Councilman Lilley shared additional concern about qualifications of those on the advisory committee, who are making recommendations on matters of proper egress and ingress; issues which might result in liability claims against the City. Greg Luke reported that he, as the Public Works Director and the City's Engineer, chairs the Traffic Committee and that he, personally, takes responsibility for initial recommendations. He pointed out that other members of the committee include a police officer, the Community Development Director, Councilman Dexter and two members at-large who are selected primarily because of their knowledge of traffic conditions; one of whom is a civilian traffic engineer. The Traffic Committee, he continued, does not make capricious or arbitrary decisions. Councilman Lilley clarified that he did not quarrel with the competence of the committee, but suggested that the Public Works Department make such recommendations, rather than a citizen committee. Councilwoman Borgeson agreed, stating that the Traffic Committee should be done away with and that the matters be given back to technical experts in the Public Works Department. By consensus, the matter was continued for further study. C. HEARINGS/APPEARANCES: 1. PROPOSED REVISIONS TO SUBDIVISION ORDINANCE A. Ordinance No. 230 - Amending Title 11 of the City Muni. Code (Subdivision Ordinance) (Recommend motion to waive reading in full and approve on first reading by title only) Henry Engen provided a brief overview of the changes recommended. He referred to a letter written by John Falkenstien, who had requested that the number of lots served by one single accessway remain at five instead of the three proposed. Mr. Engen responded to questions from Council. Councilwoman Borgeson asked how many creek reservation parcels would be affected by the addition of proposed language in Section 11-8.202 of Exhibit A. Mr. Engen responded that there were twenty original creek CC8/13/91 Page 6 . Agenda Item # B-1 • Meeting Date: 8/27/91 reservation parcels, however, some subdivision has occurred since 1914 when the Map of Atascadero colony was filed and research would be necessary to provide an accurate, current total. In response to inquiry by Councilwoman Borgeson, the City Attorney explained that if the City accepts the dedication of any creek property it is liable for any dangerous conditions that exist. Ms. Borgeson also wondered about potential loss of taxes on properties in the creek reservation. The City Manager clarified that once a parcel has become public property, it is removed from the tax roll; Mark Joseph remarked that there would be no way of knowing how much property tax was lost without proper assessment. Councilman Lilley questioned the Community Development Director if Section 11-8.209 regarding flag lot subdivisions requires fee ownership. Henry Engen replied that the owner of the back parcel would also own the accessway; which would be required to be twenty feet wide. Councilman Lilley stated that he failed to see the logic of requiring fee ownership on the deepest lot to ensure adequate width of the accessway. The Community Development Director explained that the Planning Commission did not review the fee issue, but rather the width of road. Easements, he added, were the practice up and until 1988 when the subdivision ordinance was adopted and it was then difficult to read the map. He stated that the issue of how the access is derived is clear and more predictable if assigned to the back party. Councilwoman Borgeson asked the City Attorney for additional advige relating to Section 11.8-202 regarding creek preservation property and whether or not a required dedication takes away rights of the property owners. Mr. Montandon stated that applying the regulation was not, in his opinion, a compensable taking; although property is taken from private individuals and the City is not required to pay for it. Public Comments: Sarah Gronstrand, 7620 Del Rio Road, pointed out that Council had said that they would address all matters relating to the creek after the creekway mapping process had been completed and objected to what she called a "piece-meal" creek policy. She suggested that staff may be trying to stop lot splits which they believe to be undesirable. Tom Bench, 7503 Carmelita, debated that not allowing creek reservation to be used toward minimum lot size may have been CC8/13/91 Page 7 Agenda Item # B-1 Meeting Date: 8/27/91 appropriate when E.G. Lewis owned all the property in 1914, but that it is not now. He stated that similar property with the same zoning, but not on the creek, would not have to suffer the same economic hardship as creek owners. Mr. Bench contended that the 1914 Ownership Certificate for Atascadero States, Inc. makes no mention of the creekway reservation; how would the City determine what area it really covered, he asked. He -indicated that there were many unanswered questions and proclaimed that if the City takes property, it is denying that owner the right to reasonable use of his land. Whitey Thorpe, 8025 Santa Ynez, proclaimed that it was not right for government to take private property without paying the owner for it. ----End of Public Testimony---- Councilwoman Borgeson concurred with comments made by Sarah Gronstrand. She indicated that the Council needed to adopt a creekway policy before it makes any other decisions relating to the creek. She suggested that the proposed additions be removed from Section 11-8.202 until the mapping is complete and a policy is adopted. Responding to inquiry from Councilwoman Borgeson, the Public Works Director reported that the creekway mapping was complete and a final report would be formally presented to the City Council in September. He indicated that the recommendation would be that some form of planning begin. Councilman Dexter and Councilman Lilley preferred to defer any changes to that section of the subdivision until after a creekway policy is adopted. Councilman Lilley also asked that the matter of flag lots, Section 11-8.209, be continued for further study. The City Attorney advised that the ordinance be amended by deleting the proposed revisions to Sections 11-8.202 and 11-8.209 and then be introduced. By consensus, Council agreed to postpone any action on these two sections until 1) a creekway policy has been adopted and 2) the Planning Commission and City Council can meet in a joint session to further study flag lot subdivisions. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to waive reading Ordinance No. 220 in full and approve on CC8/13/91 Page 8 • Agenda Item # B-1 Meeting Date: 8/27/91 first reading, with exceptions, by title only; motion carried unanimously by roll call vote. 2. UNREINFORCED MASONRY BUILDING ORDINANCE A. Ordinance No. 226 - Amending Title 8 of the Atascadero Muni. Code by the addition of Chapter 12 relative to earthquake hazard reduction in existing unreinforced masonry buildings (Recommend motion to waive reading in full and approve on first reading by title only) Henry Engen reported that, as mandated by the State, an inventory had been taken of all the potentially hazardous buildings in the City and thirty-two were initially identified; the largest of which is City Hall. A subsequent engineering study, he continued, has reduced th number of buildings affected to twenty-nine. He provided an overview of the work required and noted that Bill Wittmeyer, Compliance Official, was present and available for questions. In addition, the Community Development Director pointed out that a correction was in order on page 5 of Exhibit A and that an addendum had been distributed with the proper equation. • Mr. Wittmeyer responded to brief questions from Council. He emphasized that the proposed ordinance addressed the safety aspect of historic buildings and that it was different from the Uniform Building Code which applies to all new construction. There were no public comments. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to waive the reading of Ordinance No. 226 in full and approve by title only; motion unanimously approved. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to approve Ordinance No. 226 on first reading; motion carried 5:0. Mayor Shiers noted, for the record, that the ordinance was approved with the correction of the formula on Page 5 of the Exhibit. 3. PROPOSED CITY ORDINANCES FOR COST RECOVERY OF EMERGENCY RE- SPONSES INVOLVING "D.U.I. " AND ALARM CALLS There was consensus of the Council to discuss item C-1(B) regarding false alarms first. CC8/13/91 . Page 9 Agenda Item # B-1 Meeting Date: 8/27/91 B. Ordinance No. 229 - Adding Article 10, regarding alarms, to Title 3, Chapter 5, of the Atascadero Municipal Code (Recommend motion to waive reading in full and approve on first reading by title only) Lt. Bill Watton gave a brief staff report and responded to questions from Council relating to proposed fines and how they would be assessed when alarm systems malfunction. Public Comments: Whitey Thorpe revealed that although he was not personally affected by this issue, he was opposed. Joe Grisanti, 5275 Cabrillo, proclaimed that the proposed fines were unjustified and that because, as taxpayers, citizens were paying for police protection, they should receive these services free of charge. Bill Mazzacane, Chamber of Commerce Manager, indicated that he had solicited and received comments from members of the Chamber regarding the ordinance. He stated that he did not oppose the ordinance on general purposes but hoped that it would administered with good judgement and discretion. ----End of Public Testimony---- Council comments followed. Councilwoman Borgeson opposed the ordinance asserting that there were too many outside factors to be considered and that it would be costly to the City to enforce. Councilman Lilley described the ordinance as too pervasive. Councilman Dexter indicated support and pointed out that often business owners do not even show up when their alarm goes off. He stated that false alarms add needlessly to police costs. Lt. Watton reported that the proposed ordinance was patterned after those adopted the cities of San Luis Obispo and Arroyo Grande. He added that Atascadero, with the exception of the City of Pismo Beach who has one pending, is the only city without regulation of this nature. Additional discussion ensued. Councilwoman Borgeson indicated that the ordinance needed to be tightened up and negligence must be proved. CC8/13/91 Page 10 Agenda Item # B-1 Meeting Date: 8/27/91 Councilman Nimmo remarked that after four or more false alarms, the owner needs to correct the situation. MOTION: By -Councilman Dexter, seconded by Councilman Nimmo to waive reading Ordinance No. 229 in full; motion carried unanimously. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to approve Ordinance No. 229 on first reading by title only; motion failed on a 2:3 vote with Councilmembers Lilley and Borgeson and Mayor Shiers opposing. MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson that the matter be returned to staff for a revised ordinance that directs fines solely upon proof of the building owners' negligence in the maintenance or operation of the alarm system; unanimously approved. Mayor Shiers then referred back to the first issue under this agenda item. A. Ordinance No. 228 - Adding Chapter 13 to Title 3 of the Atascadero Municipal Code approving the implementation of a State-authorized program to recover costs of responses to emergencies caused by drunk or reckless drivers and providing guidelines and procedures therefore, pursuant to California Government Code Section 53150, et seq (Recommend motion to waive reading in full and approve on first reading by title only) Lt. Watton introduced this matter reporting that the proposed ordinance was for cost recovery of responding to incidents relating to driving-under-the-influence. Councilman Lilley pointed out that it would also apply to accidents as a result of reckless conduct and asked Lt. Watton if there had been any studies conducted on the success rate of recouping expenses. Lt. Watton explained that all other cities in the County, except for Grover City, have a similar ordinance but did not know the extent of the success they have had with cost recovery. In response to Councilman Lilley, the City Attorney confirmed that restitution for damages is a condition of probation and cities are not allowed to recover police costs by this means. He indicated that the ordinance would allow the City to recover response costs CC8/13/91 Page 11 Agenda Item # B-1 Meeting Date: 8/27/91 and assured the Council that it was not duplicative. The City Manager reported that Mothers Against Drunk Driving (MADD) strongly urged the Council to adopt the proposed ordinance. Public Comments: Eric Greening indicated that he could support the ordinance only if it was triggered by a conviction. He implored the Council to find a balance point and to charge costs only to those found guilty and none to those found innocent. Whitey Thorpe, apologized and stated that he had spoken on Part B of this agenda topic when he thought he was speaking on Part A. He proclaimed that the Police Department has no business of putting itself in the position of judge and asked the Council to not support the ordinance. ----End of Public Testimony---- Additional discussion followed regarding criteria for making the determination that an incident was caused by a person under the influence of alcohol and/or drugs or by someone intentionally engaging in willful misconduct. The City Attorney advised that it is the police officer, , confirmed by the District Attorney filing charges, who makes the determination. Councilman Lilley stated that he was uncomfortable with this but that he could support charges to only those who are convicted of a crime. Councilman Dexter agreed and suggestions followed for amending the ordinance. The City Attorney recommended that the matter be continued to give him ample time to accurately compose the amendment. By consensus, the matter was continued for two weeks. D. REGULAR BUSINESS: 1. PLANNING COMMISSION RECOMMENDATION RE: SIGN ORDINANCE (Re- sponse to City Council referral, May 28, 1991) Henry Engen presented the staff report and a 3-part course of action as recommended by the Planning Commission. He explained that once the text amendments relative to sign regulations had been initiated, public hearings before the Planning Commission and the City Council would be held concurrent with those relating to the comprehensive revision of the Zoning Ordinance. The rewrite, he reported, would begin in the fall. CC8/13/91 Page 12 • Agenda Item # S-1 Meeting Date: 8/27/91 Councilman Nimmo stated that many businesses are struggling and hoped staff would put high priority on revising the sign ordinance. Public Comments: Joe Grisanti opposed any fees related to signage and asked that the City show some flexibility in what is allowed. Bill Mazzacane debated that it was incongruent to tie a free- standing ordinance relating to signage to the Zoning Ordinance rewrite. He asserted that the business community is looking for some relief and urged that the process be handled as expeditiously as possible. ----End of Public Testimony---- Council concurred to accept the 3-part recommendation made by the Planning Commission and directed staff to advise Council if there would be any further delay. 2. ZONING ORDINANCE COMPLAINT REGARDING SIDEWALK SALES ENFORCE- MENT Henry Engen provided background and asked Council for direction regarding abatement. In addition, he reported that the City Attorney had made some specific recommendations for an ordinance relating to sidewalk sales in the downtown district and indicated that the Council might wish to proceed along this course. Councilman Nimmo suggested that enforcement action concentrate on the specific complaint, which has unique circumstances to investi- gate. Discussion followed regarding sidewalk sales in the downtown. Councilman Dexter suggested that the City capitalize on the Farmers ' Market held every Wednesday and allow sidewalk displays only on that day. Councilwoman Borgeson concurred with this idea, adding that any ordinance proposed should be fair and provide for safe access for everyone, including the handicapped. Councilman Lilley remarked that a balance is needed between public safety and encouragement for pedestrian traffic. Mayor Shiers commented that issues of liability and equal enforcement would need to be addressed. The City Manager interjected that the present ordinance cannot be selectively enforced and recommended that Council divide the two CC8/13/91 Page 13 Agenda Item # B-1 Meeting Date: 8/27/91 issues: (1) abatement action on the specific complaint and (2) new regulations regarding sidewalk display in the downtown. He emphasized that if the citation process is begun, it cannot be done only at the business at 5905 El Camino Real, but would have to be done citywide. Mr. Windsor added that there were other factors that may assist the City in abating the nuisance. The City Attorney advised that a blanket-wide approach would be preferable rather than to cite only one business. He indicated that a criminal complaint of this kind would be subject to dismissal on grounds of selective prosecution and cautioned against this approach. Public Comments: Joe Grisanti proclaimed that sidewalk display is his trademark and he has never received any complaints about it. He stated that he carries liability insurance and will continue to put his merchandise on the sidewalk as he has done for years. Sarah Gronstrand remarked that she had no problem with the way in which Grisanti' s Hardware or Coast-to-Coast displayed their wares. She stated that if a merchant's display is unsafe, then the City should deal with it. MOTION: By Councilman Nimmo, seconded by Councilman Lilley to refer the matter back to staff for a two-pronged approach: (1) to prepare an overall plan dealing with sidewalk sales and (2) to proceed with specific actions relative to the sales at 5905 El Camino Real; motion carried unanimously. 3. GUEST HOUSES - REPORT ON CITIZEN'S REQUEST FOR AMENDMENTS TO ZONING ORDINANCE STANDARDS (City Council referral, July 23, 1991) The Community Development Director explained that two citizens, Hoyt Chambless and Dennis Garad, had requested tighter standards relating to guest houses. He reported that staff was recommending that Council direct staff to initiate an interim urgency ordinance providing for use permit review of guest houses. The emergency ordinance, he explained, would allow staff to study the Zoning Ordinance with a view of amending or expanding it; depending upon Council direction. He suggested that, rather than just prohibit guest houses, they be changed from a principal permitted use to a use allowed by a conditional use permit and further proposed that CC8/13/91 Page 14 Agenda Item # B-1 Meeting Date: 8/27/91 Council may wish to establish minimum guest house criteria. Council discussion followed. Mr. Engen clarified that "granny flats" are not allowed under the current Zoning Ordinance. He recognized that although "guest houses" are an allowable use, current standards do make bootlegging possible, therefore, corrupting the guest house intent. Councilman Dexter indicated that he could support a minimum "guest house" size. Councilwoman Borgeson remarked that she favored "granny housing" for use by relatives adding that this concept would help meet the state-mandated count of low-income housing stock. Councilman Lilley reflected upon earlier Council discussions relating to "granny housing" and remarked that enforcement was what killed the issue. He recognized the critical housing needs of the community and suggested that it may be time to reconsider "granny housing" with a cost-effective enforcement technique. The Community Development Director pointed out that a guest house could be scaled to the size of the primary residence. Councilman Nimmo supported this idea. Further Council suggestions for standards included adopting a minimum lot size and mandating that the guest house be at the rear of the principal house. Public Comments: Hoyt Chambless, 4200 Carrizo Road, asked the mayor about the Conditional Use Permit process. Mayor Shiers confirmed that the public would be notified before a permit was issued. Mr. Chambless provided additional suggestions for proposed standards, which included that the guest house should be attached to the main house, that parking should be provided for, that there be only one bathroom, that the guest house be limited to a maximum of four hundred square feet and that a limitation of how many days it could be occupied be established. Dennis Garad, 4300 Carrizo Road, thanked the Council and staff for addressing the issue. He asked the Council to incorporate all the criteria suggested by Mr. Chambless and urged Council to preserve single-family zoning by passing an urgency ordinance based on staff recommendations. John Himes, 8210 Carmelita, expressed sympathy for those desperate CC8/13/91 Page 15 Agenda Item # B-1 Meeting Date: 8/27/91 for rentals and urged Council to look into allowable uses for providing elderly family members with a place to live. He stressed that there is a need to look into all housing issues, not just "granny housing". Eric Greening estimated that the community's population is greater than the census figures report and suggested that the numbers be challenged. He stated that the best ordinances are the ones who do not cause people to hide things and opposed proposed methods for determining if "guest houses" are being used properly. He continued that if anything is to be regulated, it should not be how long a guest stays or whether or not they are related to the principal homeowner, but rather regulate on matters like water usage and the number of plumbing fixtures and on the number of vehicles that can be parked at one address. The City Treasurer spoke in support of guest housing and opposed mandating that the guest be a relative. Whitey Thorpe asserted that the property owner should have the right to decide whether or not he wants a guest house. He added that it is not the business of government to determine who and how long guests may stay. Eric Greening addressed the Council again and warned that any y policy adopted that causes people to go underground will result in circumstances leading to decreased public safety. ----End of Public Testimony---- Councilman Nimmo commented that lifestyle patterns are changing and government must accommodate changing needs to prevent abuse and provide protection. He stressed that the widest possible latitude must be given to meet the needs of today's family environment. MOTION: By Councilman Lilley, seconded by Councilman Nimmo to extend the meeting past 11:00 p.m. ; motion carried unanimously. Councilman Lilley and Councilwoman Borgeson suggested standards for parking, storage, fire and emergency access and water usage be established. By consensus, the City Council agreed that they did not wish to initiate an urgency ordinance and directed staff to incorporate Council suggestions in strengthening text CC8/13/91 Page 16 Agenda Item # B-1 . Meeting Date: 8/27/91 standards relating to "guest housing" and impose use permit review as part of the Zoning Ordinance re-write. The Community Development Director proposed that an administrative use permit be required. He indicated that this could be done at the staff level and would require notice to the immediate neighbors and a hearing before the permit would be granted. Councilwoman Borgeson asked if the application would be subject to the appearance review guidelines; Mr. Engen noted that it could if the appearance review guidelines were amended. If the use permit is denied, he added, it could be appealed to the Planning Commission. 4. WASTEWATER TREATMENT PLANT - FIVE-YEAR FACILITIES PLAN Greg Luke, Public Works Director, provided a brief overview of the staff report and recommended Council approve the Five-Year Capital Improvement Plan. He pointed out that the needs and associated costs have been assessed and that the next milestone is to complete a fee study to devise how the necessary improvements will be paid for. This study, he added, would be prepared in the very near future. • Brief discussion followed relating to the video collection line camera proposed for purchase in the 1995-96 Fiscal Year. There were no public comments. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter to approve the Five-Year Capital Improvement Plan as shown on Attachment "A" and as described in Attachment "B" . 5. TREE PROTECTION/PRESERVATION POLICY The Public Works Director introduced Kelly Heffernon, Administrative Analyst, and provided an overview of the staff report. Public Comments: Eric Greening indicated that he liked the "Adopt-A-Tree" program but suggested that March is not the best month for seeds to be put into the ground; Fall, he stated, would be better. He stated that he was in support of enacting all but Part B until an arborist is hired by the City. CC8/13/91 Page 17 y Agenda Item # B-1 Meeting Date: 8/27/91 The City Manager acknowledged the current freeze on hiring but noted a recent resignation in the Parks Division which might enable the position to be re-written for an arborist. Doug Lewis remarked that the public should be encouraged to use other porous pavement surfaces, rather than concrete or asphalt which deplete natural absorption of groundwater. ----End of Public Testimony---- Councilman Nimmo suggested that Bay Trees be added to the list of native trees. Mark Joseph reported that the City had recently recovered all fees related to the Garcia Road extension and that the Tree Fund now has the monies needed to fund the proposals. By consensus, Council adopted the tree management program as recommended by staff. Ms. Heffernon was congratulated on her fine work. 6. ZONE CHANGE 07-89 (2-B Partnership/EDA Engineering) A. Ordinance No. 227 - Amending Map 23 of the official zon- ing maps by rezoning certain real property at 10700 E1 Camino Real from RMF/16 to RMF/16 (PD7) (ZC 07-89: 2-B Partnership) (Recommend motion to waive reading in full and adopt on second reading by title only) The City Manager noted that this was the second reading of Ordinance No. 227. There were no questions or comments from the public. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to approve and adopt Ordinance No. 227 on second reading; motion carried 3:2 with Councilwoman Borgeson and Mayor Shiers opposing. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Lilley corrected the date of the next Economic Roundtable meeting; it is Wednesday, August 21, 1991 at 7:30 a.m. CC8/13/91 Page 18 Agenda Item # B-1 Meeting Date: 8/27/91 Councilwoman Borgeson asked if the Economic Roundtable would eventually be turned over to the Chamber of Commerce. The City Manager stated that some of the roundtable' s activities are parallel to those of the Chamber and suggested that at some time the roundtable might be passed over for follow-through. He added that he had requested that the Chamber present an update of its' ,activities and priorities soon, and proposed that the question might be asked at that time. 2. City Attorney - No report. 3. City Clerk - No report. 4. City Treasurer Micki Rorba referred to an article in the August edition of Western Cities magazine regarding a $20,000 a grant for "Smoke-Free Cities" . She noted that the application deadline was October 31, 1991. The City Manager explained that staff does have a no-smoking ordinance drafted relating to public buildings only and emphasized that there will be competition for the grant. 5. City Manager Mr. Windsor noted that the Colony Roads Committee meeting would be meeting at 11:30 a.m. on Monday, August 19th in his office. The City Manager addressed an earlier public comment about use of consultant work. He pointed out that staff does, when possible, get involved and illustrated, as an example, the cost savings in consultant fees as a result of the contributions made by Bob Malone to the Downtown Interim Sign Committee. Councilwoman Borgeson suggested that recognition be given to those employees who do exceptional work and proposed that a letter be placed into Bob Malone' s personnel file. The City Manager noted that he would draft a Council letter for the mayor' s signature. Mayor Shiers reported that there was no need for a closed session and asked for a motion to adjourn the meeting. MOTION: By Councilman Nimmo, seconded by Councilman Dexter to adjourn the meeting; motion carried unanimously. THE MEETING WAS ADJOURNED AT 11:30 P.M. 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S JI Cn CR m ? is tJ tJ -m s :I -r I s . ! M Z . I m _ F- — s ! `w -t@ s mm sT L1 a i S• rS 5? m m i mmm Smm ms ? v 0 CONSOLIDATED TkF_ASI.IkEk9 S REPORT FOR THE PERIOD ENDING JULY 31, 1991 PREPARED: 08/21/91 I. SCHEDULE OF CURRENT MONTH ACTIVITY AND PR10R YEAR VARIANCES JULY ADJUST- NET CURRENT PRIOR DESCRIPTION 1991 MENTS JULY YR-TO-DATE YR-TO-DATE VAR. REVENUE Property Taxes 0 0 0 Sales Tax 50,482 50,482 50,482 56,550 -10.7% Feed Tax 0 0 0 0 0.0% Prop. Transfer Tax 0 0 0 0 0.0% Franchise Fees 0 0 0 0 0.0% Special Assessments 0 0 0 0 0.0% Business Licenses 9,546 9,546 9,546 8,998 6. 1% Building Permits 28,296 28,296 28,296 53,612 -47.2% Motor Vehicle Tax 74,504 74,5134 74,504 0 0.0% Cigarette Tax 2,495 2,495 2,495 0 0.P.1% Other State In-Lieu 213 213 213 0 0.0% Gas Tax Receipts 44,963 44,963 44,963 0 0.0% TDA Receipts 0 0 0 0 0.0% Other Intergov'al 47 47 47 6, 105 -99.2% Recreation Fees 34,788 34,788 34,788 47, 154 -26.2% Zoo Admissions 3, 171 3, 171 3,171 2,966 6.9% • Planning Fees 23,0512 23,092 23,092 1.6, 092 43. 15% Wastewater Fees 3,934 3,93") 3, 934 3,559 10.5% Development Fees 48,01.7 48,017 48, 017 71., 113 -32.5% Dial-A•-Ride Fare 1, 761. 1, 761 1,761 2,581 -31. 0% Police Services 361 361. 361 351 2. G-% Weed Abatement 0 0 0 0 0.0 , Other Fees/Charges 1.7 5 1.75 1.75 J.23 42.7% Fines & Forfeits 534 534 534 673 -20.7: Interest Earnings 1.,.347 1, 347 1.,347 719 87.3% Rentals 809 009 805' 1,041 -22.3% Proceeds from Sales 0 0 0 0 0.0% Miscellaneous 6,33 ' 6,332 6, 332 2, 116 199.2% ---------------------------------------------------------------------- TOTAI.S 334,867 0 334, 867 334, 867 273,743 22.3% EXPENDITURES General Gov't 14, 882 0 14,£31!2 14,^02 23,674 -37. 1% Police 1.48,302 N 148,302 1.48,302 1.45,7:34 1.8% Fire 98,655 0 98,655 913,655 62,449 58.0% Public Works/Eng. 20,007 N 20,007 ?0,007 20,721 -3. 4% Wastewater 27,094 0 27, 094 27, 094 15,926 70. 1% Dial-A-Ride 1,072 0 1.,072 1, 072 0;37 28. 1.`/. Community Dev' mFnt 64, 253 C/, 64,253 64, 1:5,; 59,980 7. 1 Recreation 62,974 41 52,1174 62, 974 55, 221 221 14.0:: Park's & Dido. Mc i.nt 29,932 Q, 29,9:42 29, S',2 70, 164 -0.Cr: Zoo -1.3,069 0 1.3,869 .1.3, £:369 1.'2,742 8.£3% Streets 22,499 4, 22,499 ?2,499 27,640 -16.61 Admin. Services 21.0, 1S8 0 21.0, 188 210, 1.88 31, 435 568.6% Non-Departmental 51 , 539 9.11 51,51:59 51.,5-39 124,4:104 --58. 4'1. •Ma,jor Capital 2,845 0 2,04-5 2,845 21, 333 -86.7°1> Debt Service/Trust 0 0 0 0 0 0.0 : TOTAL.S 768, 111 0 768, 111 768,1 1.1 631 , 865 21. 6% CONSOLIDATED TREASURER'S REPORT FOR THE PERIOD ENDING JULY 31, 1991 PREPARED: 08/21/91 II. BUDGET-TO-ACTUAL REPORT CURRENT CURRENT X COLLECTED PRIOR PRIOR COLL/ DESCRIPTION BUDGET YR-TO-DATE /SPENT BUDGET YR-TO-DATE SPENT REVENUES Property Taxes 2,326,500 0 0.OX 2,050,006 0 0.OX Sales Tax 1,900,000 50,482 2. 7% 1,850,000 56,550 3. 1X Red Tax 105,000 0 0.0% 110,000 0 0.0% Prop. Transfer Tax 50,000 0 0.0% 60,000 0 0.0% Franchise Fees 360,000 0 0.0% 330,000 0 0.0% Special Assessments 151,753 0 0.0X 151,753 0 0.0% Business Licenses 110,000 9,546 8.7X 105,010 8,998 8.6X Building Permits 362,050 28,296 7.8X 381,575 53,602 14.OX Motor Vehicle Tax 875,000 74,504 8.5X 860,000 0 0.0X Cigarette Tax 42,300 2,495 5.9X 35,000 0 0.OX Other State In-Lieu 60,900 21.3 0.3X 60,900 0 0.%X Gas Tax Receipts 416, 162 44,963 10.8% 393, 100 0 0.OX TDA Receipts 482,957 0 (3.OX 402,521 0 0.0% Other Int'ergov'al 4039400 47 0.44% 455,700 6, 105 1.3X Recreation Fees 330,550 34,788 1.0.5% 310,850 47, 154 15.2% Zoo Admissions 72,5014 3, 171 4.4% 71,000 2,966 4. Planning Fees 286,723 23,092 0. 1% 1.92,612 16,092 8. Wastewater Fees 690,200 3,934 0.6% 6609700 3,559 0. Development Fees 717,91091 48,01.7 6. 7% 562,600 71., 113 12.6% Dial-A-Ride Fares 36,9100 1,761 4.9% 34,000 2,581 7.6% Police Services 6, 1.243 361. 5.9% 4,800 351 7.3% Weed Abatement 40,000 0 0.0/. 30,000 0 0.OX Other Fees/Charges 57, 175 0.3% 3,000 1.23 4. 1% Fines 6 Forfeits 82.., 534 0.7% 81,`50 673 0.0% Interest Earnings 4521 1,347 0.3% 339, 150 719 0.2X Rentals 14;000 809 5.8% 14,700 1,041 7.3% Proceeds from Sales 90,000 0 0.0% 60,500 0 0.0% Miscellaneous 541,000 6,332 12.7% 19,430 2, 116 10.9% ----------------------------------------------------------------- TO1Al..S 10,571,715 334,867 3.2% 9,6879451 2739743 2.8X EXPENDITURES General Gov't 318,085 14,882 4. 7% 305,275 23,674 7,.8X Po 1 ice 2,084,000 148,302 7. 1X 2,053,318 1.45,734 7. 1% Fire 1, 106,300 98,6r.5 8.9X 1, 164,492 62,449 5.4% Public Works/Eng. 346,905 20,007 5.3% 389,010 20,721 5.3% Wastewater SOS,960 27,094 3.3% 801,585 15,926 2.0% Dial-A-Ride 299,2.45 1.,072 0.4% 388,:393 837 0.2% Community Dev9ment 785,617 64,253 8.2% 7959689 _`;9,980 7.5% Recreation 51.4,298 6'?,974 1.2. 2% 553,529 `i:':;,21 1.0.Q)Y. Parks 6 Bldg. Maint 537,680 29,932 5.6% 521,536 30, 164 5.£J% Zoo 221,275 13,369 6.3% 222, 500 12, "742 5. 7% Streets 635,425 22,499 3.5% 606,56 5 279 640 4.6% Admin. Services 6669335 21.0, 1.88 31.5% 726,075 31,435 4.3% Non-Departmental 531, 120 51, 539 9.7% 733, 893 124,004 16.11 Major Capital 4,846,000 7,:345 0. 1% 2, 692,453 21, 338 N. c Debt Service/Trust 2169692 0 0.0% 74.1 , ;16 0 0. 0% ------------------------------------------------------------------------ TOTALS 1:3, 917,937 768, 111 5.moi% 12,695,573 631,865 5.0% • CONSOLIDATED TREASURER'S REPORT FOR THE PERIOD ENDING JULY 31, 1991 PREPARED: 08/21/91. I Mark Joseph, do hereby certify that the above information is accurate and reflects the City's financial conditions for the periods specified. However, the information in these reports is unaudited, and may therefore be subject to future r isions. Mark Joseph, F ante itactor • i REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B_3 Through: Ray Windsor, City Manager Meeting Date: 8/27/91 File No: TPM 13-88 From: Henry Engen, Community Development Director A, SUBJECT: Acceptance of final Parcel Map 13-88 (subdivision of 1. 42 acres into four parcels containing 0. 32, 0. 34, 0. 52, and 0. 23 acres for commercial use) at 6325 Tecorida - Jim Grinnell/Cuesta Engineering RECOMMENDATION: Acceptance of final Parcel Map 13-88 since all conditions of the map have been met by the applicant. BACKGROUND: • On August 9, 1988, the City Council tentatively approved this map, subject to certain conditions and in concurrence with the recommen- dation of the Planning Commission. HE:ps cc: Jim Grinnell Cuesta Engineering ti 1 iS ra1.1:1LIL NINE �oe WS ���,�� _ •�j ,tel♦♦��. �♦ i� W' � � � ���;till �► �vA a • REPORT TO CITY COUNCIL CITY OF ATASCADERO AGENDA ITEM: B-4 Through: Ray Windsor, City Manager Ntg. Date: 8/27/91 From: Henry Engen, Community Dev. Director " File No: TPM 04-89 SUBJECT: Time extension for Tentative Parcel Map 04-89 (request to allow subdivision of 8. 26 acres into four lots) at 7445 Cortez Avenue - Frederick Larson (Cuesta Engineering ) RECOMMENDATION : Per the Planning Commission's recommendation; approval of a one : year time extension for Tentative Parcel Map 04-89. BACKGROUND: On August 6, 1991, the Planning Commission reviewed the applicant' s • request for a q time extension on its consent calendar. On a 7.0 vote, the Commission recommended approval of a one year time extension. HE:ps Attachment: Staff Report - August 6, 1991 cc: Frederick Larson Cuesta Engineering ITEM: A-4 MEETING DATE : 8/6/91 MEMORANDUM DATE: August 6, 1991 TO: Planning Commission FROM: Gary V. Kaiser, Assistant Planner csK SUBJECT: Extension Request -- Tentative Parcel Map #04-89 RECOMMENDATION: Staff recommends approval of a one-year time extension for Tentative Parcel Map #04-89, subject to the revised conditions of approval contained in Attachment A. ANALYSIS: Tentative Parcel Map #04-89 was approved by the Planning Commission on June 6, 1989 and the City Council on July 11, 1989. On July 1, 1991, prior to the July 11, 1991 expiration date, an extension request was received, indicating that an additional year would be necessary to complete required road improvements and meet all other applicable conditions of approval (Attachment • B) . These original conditions of approval are included in the June 6, 1989 staff report (Attachment C) . Since the approval of Tentative Parcel Map #04-89, another Tentative Map has been approved between the subject Tentative Map and the crest of Pine Mountain (TPM #27-90; Lot 3, Pine Mountain Park) . The Commission will recall that this Tentative Parcel Map was required to place all individual utility connections underground. Placing new utility connections underground is a common and increasingly popular practice because of the aesthetic benefits that can be derived without significantly increasing development costs. Since the approval of TPM #04-89, staff has routinely recommended that the Planning Commission, where appropriate, impose conditions of approval on tentative maps, CUP' s, etc. , requiring that utilities be placed underground. It is therefore recommended that the conditions of approval for the subject Tentative Parcel Map be revised at this time to include a similar condition for undergrounding individual utility connections. Such an additional condition would continue the trend to make Pine Mountain' s southeast face -- and the City as a whole -- as aesthetically pleasing as possible, while not placing an undue or excessive expense onto the applicant. Attachments: Attachment A -- Revised Conditions of Approval • Attachment B -- Extension Request Attachment C -- June 6, 1989 staff report • recordation of the final map. Installation of the required landscaping and irrigation system may be bonded for a period not to exceed one (1) year form the date of final approval of the map. 12. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. • 13. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. • � r d. Design speed of the road shall be 25 mph. • 5. Subdivider shall obtain an encroachment permit from the Public Works Department prior to the installation of improvements, including drainage facilities and all road construction. Subdivider shall also sign an inspection agreement guaranteeing that the work will be done in conformance with approved plans and inspection fees paid. All work required by the encroachment permit shall be completed prior to the recordation of the final map. 6. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Department of Public Works standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications within one year after construction. 7. All relocation and/or alteration of existing utilities shall be the responsibility of the subdivider. 8. A registered civil engineer shall provide written certification that all grading, drainage, and public improvements have been completed in full compliance with the • approved plans prior to final inspection. 9. An offer of dedication to the City of Atascadero for the following right-of-way is required: Street Name: Cortez Avenue Limits : entire 40 feet of right-of-way and that right-of-way necessary to accommodate the cul-de-sac 10. An offer of dedication to the Public for a Public Utilities Easement along the frontages of the Cortez Avenue extension is required. 11. Offers of dedication shall be completed and recorded prior to or simultaneously with the recordation of the final map. 12. The fire hydrant located at the intersection of Cortez Ave. and Maleza shall be upgraded to City standards . A new fire hydrant shall be installed at the cul-de-sac at the terminus of the Cortez Ave. extension. All fire hydrant installation and upgrade shall be completed prior to recordation of the final map. 13. A landscaping plan for noise attenuation, including number, location and species of trees and other plants, and irrigation plans, shall be submitted to the Community Development Department for review and approval prior to the � I • EXHIBIT E - Conditions of Approval Tentative Parcel Map 04-89 7445 Cortez Ave. (Larson) June 6, 1989 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall exist at the frontage of each parcel prior to recordation of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3a. Grading, drainage, and erosion control plans for the entire subdivision, including driveways, prepared by a registered civil engineer, shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments prior to recordation of the final map. • b. The grading and drainage plan shall include the elevation of proposed structures and pads. If the site is to be filled above the base flood, the final pad elevation shall be certified by a registered engineer or surveyor and submitted to the City Engineer prior to transmittal to the Floodplain Administrator. Final pad elevations shall appear as a note on the final map. 4. Road improvement plans prepared by a registered civil engineer shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments, prior to the construction of improvements. Said plans shall include, but not be limited to: Cortez Avenue: a. Design shall meet all City development standards, including measures to protect and preserve existing trees on the site and in the public right-of-way. b. A City standard cul-de-sac shall be included at the terminus of the extension of the road at Lot 4. C. Road construction shall include the offsite work necessary to connect the extension of Cortez with the existing terminus of the road. EXHIBIT D - Findings for Approval Tentative Parcel Map 04-89 • 7445 Cortez Ave. (Larson) June 6, 1989 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1 . The proposed map is consistent with the applicable General or Specific Plan. 2. The design and/or improvement of the proposed subdivision is consistent with the applicable General or Specific Plan. 3. The site is physically suitable for the proposed type of development. 4. The site is physically suitable for the proposed density of development. • 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of improvements, will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The design of the subdivision and/or the type of proposed improvements will not cause serious public health problems. EXHIBIT C CITY OF ATASCADERO FEMA Map We COMMUNITY DEVELOPMENT DEPARTMENT TPM 04-89 Montle RM2 r caoDw p`! s lo_oY¢ FLAO ONO Y r R• Y� � .�;. Sz� .rL,.' ` Z�'�2'�s...'ter �. 1W, r f^"..L,.:±,Cr `Sy Rd`s' '7 .:r✓vtiy'�SFy II s •.�. A a� � 1 r2fo' II VID EXHIBIT B CITY OF ATA SCADERO Tentative Parcel ' c-AD�� COMMUNITY DEVELOPMENT DEPARTMENT TPM 04-89 v� 2 ii ° Rs C1� Ilk r t , I, CAN t � €il ; R PM i should be conditioned to insure conformance with the City' s • recently adopted Flood Damage Prevention Ordinance (Ordinance 193) . So conditioned, the subdivision should not contribute to downstream flooding problems or expose future residents to unreasonable flood related damage or hazards. This project has been reviewed by the City' s Fire Department and the Engineering Division of the Public Works Department. Both Departments have provided recommended conditions of approval which are included in Exhibit E. With these conditions, neither Department has any objection to the approval of the proposed subdivision. CONCLUSIONS: The design of the proposed subdivision is in conformance with the City' s General Plan and Zoning Ordinance. The proposed home sites can be developed without adverse impacts on surrounding areas. The recommended Conditions of Approval will insure that the potential affects of noise and flooding on future residents are mitigated to acceptable levels. The proposed use, and the size of the proposed lots is consistent with existing development in the vicinity of the subdivision. Staff believes that each of the Findings required by the Subdivision Map Act can be made relative to this proposal. SLD/ ATTACHMENTS : Exhibit A - Location and Zoning Map Exhibit B - Tentative Parcel Map Exhibit C - FEMA Map Exhibit D - Findings for Approval Exhibit E - Conditions of Approval • i is available, and 1. 5 acres where sewer service is unavailable. Because sewer service is not currently available to the subject property, the minimum lot size requirement is 1. 5 acres. The proposal includes an extension of Cortez Avenue to provide access to the new lots. The unimproved right-of-way for Cortez currently terminates at the most southerly boundary of this property. The applicant will be required to develop Cortez from its current terminus at Maleza Avenue to a City standard cul-de- sac at the southerly boundary of proposed Lot 4. The applicant will be required to obtain adequate right-of-way from the adjacent property to allow construction of the road extension. This right-of-way will then be offered for dedication to the City. Each of the new lots will, therefore, have access from a City standard road. It is anticipated that the extension of Cortez Avenue will be accepted into the City maintained road system. For this reason, there will not be a requirement for the establishment of a road maintenance agreement binding on the future parcels. There are two areas of concern relative to the development of this site for residential use. This site is adjacent to the Southern Pacific Railroad tracks which increases sound levels significantly when trains are passing. The General Plan' s Noise • Element indicates that a freight train generates 70 dB (A) when measured at 50 feet. This level is above the 45 dB (A) considered maximum for rural single family areas during the day. This maximum recommended level drops to 35 dB(A) during the night. To reduce the impact of the anticipated noise, the applicant has proposed a 100 foot setback from the railroad right-of-way, and the installation of screen planting along the properties eastern boundary. These steps, along with additional sound attenuation measures incorporated into the design of the future residences, should reduce interior sound levels to acceptable levels. The second area of concern relates to the property's location within the 500 year flood boundary of the Salinas River. The FEMA map that includes this area is attached to this report as Exhibit C. The FIRM (Flood Insurance Rate Map) includes this property within Zone B. Zone B is described as: "Areas between limits of the 100-year flood and 500-year flood; or certain areas subject to 100-year flooding with average depths less than one (1) foot or where the contributing drainage area is less than one square mile; or areas protected by levees from the base flood. " The property proposed for subdivision is lower than surrounding features (Pine Mtn. , the railroad, Curbaril and Cortez Avenues) and can be expected to incur some minor flooding problems. The • property can reasonably be developed for residential use by providing adequate drainage facilities and, if necessary, raising building pad elevations above flood levels. The subdivision ATTACHMENT C f June 6 , 1989 staff report TPM #04-89 CITY OF ATASCADBRO • Item: B-1 STAFF REPORT FOR: Planning Commission Meeting Date: June 6, 1989 BY: Steven L. Decamp, Senior Planner File No: TPM 04-89 SUBJECT: Subdivision of one (1) parcel containing approximately 8. 26 acres into four (4) lots. Three of the new lots will contain 1 . 5 acres each and the fourth will contain 3. 76 acres. RECOMMENDATION: . Staff recommends approval of TPM 04-89 based on the Findings for Approval in Exhibit C and subject to the Conditions of Approval in Exhibit D. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Frederick Larson . 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Project Address. . . . . . . . . . . . . . 7445 Cortez Avenue 4. General Plan Designation. . . . .Mod. Density Single Family 5. Zoning District. . . . . . . . . . . . . .RSF-Y (1 . 0 ac w/sewer; 1. 5 ac. w/o sewer min. lot size) 6. Site Area. . . . . . . . . . . . . . . . . . . . 8 . 26 acres 7. Existing Use. . . . . . . . . . . . . . . . .Vacant 8. Environmental Status. . . . . . . . .Negative Declaration posted May 23, 1989 ANALYSIS: The application before the Commission proposes to subdivide one (1) existing parcel which contains approximately 8. 26 acres into four (4) lots. Three of the new lots will contain 1 . 5 acres each while the fourth will contain 3. 76 acres. The General Plan designates this property for "Moderate Density Single Family" • development. The property is located within the Urban Services Line and is within the RSF-Y zoning district. The minimum lot size within this zone is 1. 0 acre where sanitary sewer service ATTACHMENT B Extension Request Pr CUESTA ENGINEERINt TP14 #0 c#0 July 1Rf , 1991 4-89 • 6717 Morro Road r. J j Atascadero,CA 93422 J U L (805)466-6827 June 24 , 1991 Henry Engen Community Development Dept . City of Atascadero 6500 Palma Atascadero , CA 93422 SUBJECT: Parcel Map AT 89-013/Larson TPM 4-89/7445 Cortez Ave . Dear Mr. Engen: The above Tentative Parcel Map is due to expire on July 11 , 1991 . The road construction plans have been approved , but the actual construction will not be complete before the expiration date. Therefore , we request a one-year time extension to give us time to • meet the rest of the Conditions of Approval . A check for the time- extension fee ($330 . 00) is enclosed. Please contact me if you need any additional information . Sincerely, Deborah Hollowell Enclosure DH: pl 89-002 Owner ' s Consent Frederick N. Larson ��' 3j9 not to exceed one ( 1) year form the date of final approval • of the map. 14. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 15. Approval of this tentative map shall expire twelve ( 12) months from the date of City Council approval of this extension (August 27, 1991) , unless a second time extension is granted pursuant to a written request received prior to the new expiration date. 16. Individual utility extensions serving each lot shall be placed underground. All available utilities shall be stubbed (underground) to each lot prior to recordation of the final map. • 5. Subdivider shall obtain an encroachment permit from the Public Works Department prior to the installation of improvements, including drainage facilities and all road construction. Subdivider shall also sign an inspection agreement guaranteeing that the work will be done in conformance with approved plans and inspection fees paid. All work required by the encroachment permit shall be completed prior to the recordation of the final map. 6. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Department of Public Works standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications within one year after construction. 7. All relocation and/or alteration of existing utilities shall be the responsibility of the subdivider. 8. A registered civil engineer shall provide written certification that all grading, drainage, and public improvements have been completed in full compliance with the • approved plans prior to final inspection. 9. An offer of dedication to the City of Atascadero for the following right-of-way is required: Street Name: Cortez Avenue Limits: entire 40 feet of right-of-way and that right-of-way necessary to accommodate the cul-de-sac 10. An offer of dedication to the Public for a Public Utilities Easement along the frontages of the Cortez Avenue extension is required. 11. Offers of dedication shall be completed and recorded prior to or simultaneously with the recordation of the final map. 12. The fire hydrant located at the intersection of Cortez Ave. and Maleza shall be upgraded to City standards. A new fire hydrant shall be installed at the cul-de-sac at the terminus of the Cortez Ave. extension. All fire hydrant installation and upgrade shall be completed prior to recordation of the final map. 13. A landscaping plan for noise attenuation, including number, location and species of trees and other plants, and • irrigation plans, shall be submitted to the Community Development Department for review and approval prior to the recordation of the final map. Installation of the required landscaping and irrigation system may be bonded for a period ATTACHMENT A Revised Conditions of Approval - August 6 , 19 •Attachment A - Revised Conditions of Approval TPM #04-89 Tentative Parcel Map #04-89 7445 Cortez Ave. (Larson) August 6, 1991 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall exist at the frontage of each parcel prior to recordation of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3a. Grading, drainage, and erosion control plans for the entire subdivision, including driveways, prepared by a registered civil engineer, shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments prior to recordation of the final map. b. The grading and drainage plan shall include the elevation of proposed structures and pads. If the site is to be filled • above the base flood, the final pad elevation shall be certified by a registered engineer or surveyor and submitted to the City Engineer prior to transmittal to the Floodplain Administrator. Final pad elevations shall appear as a note on the final map. 4. Road improvement plans prepared by a registered civil engineer shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments, prior to the construction of improvements. Said plans shall include, but not be limited to: Cortez Avenue: a. Design shall meet all City development standards, including measures to protect and preserve existing trees on the site and in the public right-of-way. b. A City standard cul-de-sac shall be included at the terminus of the extension of the road at Lot 4. c. Road construction shall include the offsite work necessary to connect the extension of Cortez with the existing terminus of the road. • d. Design speed of the road shall be 25 mph. • REPORT TO CITY COUNCIL STAFF REPORT ITEM: B-5 THROUGH: Ray Windsor, City Manager Meeting Date: 8/27/91 File No: TPM 06-91 BY: Henry Engen, Community Development Director } SUBJECT: Request to create a four unit residential condominium project at 6905 Atascadero Avenue (Edward and Elsie Bough/Joseph Boud and Associates, agent) . RECOMMENDATION: Per the Planning Commission' s recommendation, approve Tentative Parcel Map 06-91 based on the Findings and subject to the revised Conditions of Approval. • BACKGROUND: On August 6, 1991, the Planning Commission conducted a public hearing on the above referenced application. On a 6: 1 vote, the Commission recommended approval of the request as reflected in the revised Conditions of Approval. There was considerable discussion as well as public testimony as evidenced in the attached minutes excerpt. HE:ps Attachments: Staff Report - August 6, 1991 Revised Conditions of Approval - August 6, 1991 Minutes Excerpt - August 6, 1991 cc: Edward and Elsie Bough Joseph Boud and Associates • CITY OF ATASCADERO Item: 8_3 • STAFF R$PORT FOR: Planning Commission Meeting Date: August 6, 1991 BY: Robert Malone, Assistant Planner File No: TPM-06-91 SUBJECT: Consideration of a request to create a four unit Residential condominium project . RECOMMNDATION: Staff recommends approval of Tentative Parcel Map 06-91, based on the Findings contained in Attachment F and the Conditions of Approval in Attachment G. SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . .Edward D . and Elsie Bough 2 . Representative. . . . . . . . . . . . .Joseph Boud and Associates 3 . Project Address . . . . . . . . . . . . 6905 Atascadero Avenue 4 . Site Area. . . . . . . . . . . . . . . . . .0 .43266 acres (net) 5 . Zoning District . . . . . . . . . . . .Residential Multiple Family (RMF-16) 6 . General Plan Designation. . .High Density Multi-family 7 . Existing Use. . . . . . . . . . . . . . . Single Family Residence 8 . Environmental Status . . . . . . .Negative Declaration Posted July 12, 1991 PROJECT DESCRIPTION: The application is a request to create a four unit condominium project, consisting of removing the existing single family residence and construction of four new dwelling units . The project is located on the east side of Atascadero Avenue in an older and established residential neighborhood. The immediate vicinity of the site is surrounded by older single family residences . The 0 . 43 acre site is rectangular shaped, measuring 87 by 216 feet, and gradually slopes from the street back to the rear of • the lot (see Attachments C and D) . Because the rear of this site and adjacent residential lots lack improved drainage facilities, the applicant is proposing to fill the rear of the property to allow drainage to discharge to the Atascadero Avenue right-of- way. Drainage along this portion of Atascadero Avenue currently drains to. The proposed project consists of the four units designed as two duplex buildings situated at the front and rear of the site. The buildings contain two car garages with the guest parking area separating the two buildings in the center of the site. The structures are single level, two bedroom units with a stucco exterior and an asphalt composition roof. The private storage space and refuse requirements are located within the garage . ANALYSIS: The analysis will focus on project compliance with the City of Atascadero Zoning Ordinance including the Multiple Family Development Standards, other applicable development standards, and the Appearance Review Manual . The project has been reviewed for compliance with the provisions of the California Environmental Quality Act and a Negative Declaration has been prepared for your consideration (see Attachment F) . Multiple Family Development Standards • The project complies with all of the property development standards for multiple family zones as contained in Zoning Ordinance Section 9-3 . 176 . These standards include density, lot coverage, storage, outdoor recreational space, and covered parking. As previously indicated the floor plans (see Attachment E) contain two bedrooms, and therefore meet the maximum -allowable number of dwelling units for this site. A condition of approval is suggested that the room noted as a "Den" have at least one unobstructed opening into the main living area and not have an enclosed closet . These conditions will hopefully deter the room' s conversion to a bedroom and ensure the density of the site is not exceeded. Approximately 30 percent of the site is covered by structures, allowing a significant portion of the site to remain open for landscaping and circulation. The outdoor recreational space requirement has been met by providing 300 square feet of private open space. To assure that this amenity is designed for the exclusive use of the unit occupants and privacy is achieved as specified in the Ordinance, a condition is recommended that the areas be screened with a five foot high solid wood fence or decorative wall . • 2 Zoning Regulations The project also complies with the development standards of Chapter 4 of the Zoning Ordinance which covers the setbacks, height, parking, landscaping, grading and drainage, and street improvements . While not of a significant nature, Staff has some concerns regarding the landscaping and street improvements . To ensure that certain criteria are adhered to, specific conditions have been recommended. While the site does not contain native trees, there are a number of existing mature trees, of which, a Mulberry and pine tree are to remain. We recommend that the City' s tree protection measures of the Tree Ordinance be used to ensure the preservation of these specimens . A six inch high concrete curb should be provided to separate paved surfaces from landscape areas . At staff' s request, the applicant has shown a parkway sidewalk design which may eventually tie in with the parkway design and street trees located further along Atascadero Avenue between Navajoa and Santa Ynez Avenues . Staff recommends this design be ensured with a specific condition to strengthen the neighborhood character. Appearance Review Manual The design of the proposed condominiums are subject to review under the City' s Appearance Review Manual due to being a multi- family use project . Staff' s design review of the project indicates that the proposed condominiums are consistent with the architectural and site design guidelines of the Manual . With the given floor plan and building design, the site layout provides a simple and straight forward solution. One area which could be improved is the entry driveway and the parking area between the two structures . A distinct pedestrian path is appropriate in these areas linking the residential entries to the sidewalk. Also, the guest parking area lacks a finished design appearance. The following guideline from the Appearance Review Manual gives some thought to this situation: - The use of decorative paving techniques, such as stamped and colored concrete, is encouraged particularly for pedestrian paths in parking areas (Section 3 .b. , page 14) . While the guest parking area and enclosed parking for Unit 3 and 4 have slightly awkward exiting movements, there does not appear to be a significant problem nor a more appropriate conceptual design. Staff recommends. using a textured paving pattern to give importance and additional definition to the large central drive and parking area. A textured walkway could also link the four unit entries to the street and be within and at grade with the • 3 • proposed driveway. A building material sample board will be available for review at the meeting. CONCLUSION: In conclusion, Staff recommends the Tentative Parcel Map and site development plans be approved subject to the conditions listed in Attachment G. Staff believes the project will be compatible and enhance the neighborhood character and land uses . The architecture, site design and landscaping will present a pleasing appearance and functional layout . The concerns regarding the driveway finish design can be reviewed by the Planning Staff and determined to be consistent with the Appearance Guidelines Manual prior to issuance of the building permit . ATTACHMENTS : A - General Plan Land Use Map B - Zone Map C - Tentative Parcel Map/Site and Grading Plan D - Landscape and Drainage Plan E - Building Elevations and Floor Plan F - Negative Declaration F - Findings for Approval G - Conditions of Approval TPM-06-91 .SR • i 4 _ OM, *� r �111�n� � iV�• R+t I' ll ow 1111 '1111111 �, ��'1' � � �� ,, ��. � � �� ',� Yom`•.�� .�10 , •. el- no. • p I-4ft 4p � ►moi �� � • f um, mm�n_ mile■V 1 r ►. ►_ SIMMOOP NoMMUM fir PAP VA • /�� 11 , /' • -A ME • , VMi ATTACHMENT C CITY OF ATASCADERO - Tentative Parcel Map/sit Nit COMMUNITY DEVELOPMENT and Grading Plan • DEPARTMENT TPM 06-91 (Bough/Boud) J yy `us � so• Z WOi jl• � 3 <t o' ... W W; s a will:ill a . � ; . CGS LIA 1= 0Las WZJ4L as J . . a WCC y'1, ii 4.3 O Vow Jj W;. 2 iii» 0 11 < w>t WH V ac 3•:: 10241111 0 3 W o• o CL 0�$.- Jllf. nt Ni Jwi � 00 ;.f C w F— - Q > i O tj o r -----'�- — — - --- --- -�--- --- -- — I i f" , • w Y s l a i V ATTACHMENT D Sft CITY OF ATASCADERO - Landscape and Drainage Pl �r COMMUNITY DEVELOPMENT • DEPARTMENT TPM 06-91 (Bough/Bond) W Q Cn y O � m AO w C.) 0 LL. C/) 4c — Q ZCCI F- Ous cc w Yo z � k Hoo a �b • ATTACHMENT E Building Elevations and CITY OF ATASCADERO Floor Plan COMMUNITY DEVELOPMENT DEPARTMENT • TPM 06-91 (Bough/Boud) Y ;�• �� W ���. ,• s 3. c� a m tCC o C o o 0, ; o • u. tat •I P. � ? W v Q Q L z W O � s 0 r C W O > CCW a LU _c_ o I > C� W W N I W j O UA a ' 0 ATTACHMENT F „ �� CITY OF ATASCADERO - Negative Declaration COMMUNITY DEVELOPMENT DEPARTMENT TPM 06-91 (Bough/Boud) CITY OF ATASCADERO Ar' '7 ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION COWAUNTIY DEVEl.OPMEYr DEPT. 6500 PALMA AVE. ATASCADERO.CA 93422 (805)461-5035 APPLICANT: --lod W tvtt t!7� A r4 o A.'5dsd?—'6A-r6 Do`ff Mo ftRo �T'RC#c7�, --d.U.1 tTd. 2� SAW ),- 05 Obh'f`V, 4A c 1'b4+101 I PROJECT TITLE: 'rr+4-r -r(YM PROJECT LOCATION: &90* s4TR�cC�R'-Rn �4,rt�u t� • PROJECT DESCRIPTION: C4zWATt4;YhI A -�bUX L04(r �INAJM Pf i1pu ft. LIN 1'r FINDINGS: 1. The project does not have the potential to degrade the environment. .. i 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above findings,and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department).it has been determined that the above project will not have an adverse impact on the environment. Henry Enge Community Development Director Date Posted: Date Adopted: EXHIBIT F - Findings for Approval • Tentative Parcel Map 06-91 6905 Atascadero Avenue (Bough/Boud) August 6, 1991 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment . The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1 . The proposed map is consistent with the applicable General or Specific Plan. 2 . The design and/or improvements of the proposed condominiums is consistent with the General Plan. 3 . The site is physically suitable for the proposed type of development . 4 . The site is physically suitable for the proposed density of development . • 5 . The design of the subdivision, as conditioned, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat . 6 . The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7 . The design of the subdivision and/or the type of proposed improvements will not cause serious health problems . PROJECT FINDINGS: 1 . The proposed project is consistent with the General Plan. 2 . The proposed project, as conditioned, satisfies all applicable provisions of the Zoning Ordinance . 3 . The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the . use, or be detrimental or injurious to property in the vicinity of the use. 4 . The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development . 5 . The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element . 6 . The proposed project, as conditioned, is in compliance with the City' s Appearance Review Guidelines . • EXHIBIT G - Conditions of Approval Tentative Parcel Map 06-91 6905 Atascadero Avenue (Bough/Boud) August 5, 1991 CONDITIONS OF APPROVAL Engineering Division Conditions Utilities 1 . All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 2 . All relocation and/or alteration of existing utilities shall be the responsibility of the developer. Grading 3 . A grading and drainage plan prepared by a registered civil engineer shall be submitted to The Community Development Department for review and approval by the Community Development and Public Works Departments prior to the issuance of any building permits . The plan shall address on-site and off-site drainage impacts and proposed mitigation measures . The Developer may be required to provide off-site road improvements (such as berms and paved gutters) as required by the Director of Public Works to mitigate downstream drainage impacts . Road Improvements 4 . Road improvement plans prepared by a registered civil engineer shall be submitted to the Community Development Department for review and approval by the Public Works Department, prior to the construction of the improvements . Plans shall include, but are not limited to the following. a. Atascadero Avenue: The road shall be widened and curb, gutter and sidewalk to match the improvements to the south of this project along the library frontage 5 . Obtain an encroachment permit from the City of Atascadero Public Works Department prior to the start of public improvements . Sign an Inspection Agreement guaranteeing that the work will be done and the inspections paid for. 6 . The subdivider shall install all street signs, traffic • delineation devices, warning and regulatory signs, guardrail, barricades, and other similar devices where required by the Director of Public Works . Signs shall be in conformance with ® the current State of California uniform sign chart . Installation of traffic devices shall be subject to review and modifications after construction. 7 . Construction of the public road improvements shall be completed or bonded for prior to the recording of the map. 8 . All public improvements shall be covered with a 100% Performance Guarantee and a 100% Labor and Material Guarantee until construction is deemed substantially complete by a 10% Maintenance Guarantee to remain in effect until 1 year after substantial completion. Drainage 9. Drainage Facilities shall be constructed to City of Atascadero Standards . All work shall be completed prior to the final building inspection. 10 . All lot grading and drainage improvements shall require written statement by a registered Civil Engineer that all work has been completed and is in full compliance with the approved plans . • Dedications 11 . Offer to dedicate to the City of Atascadero the following right-of-way and/or easements . Street Name : Atascadero Avenue Limits : 30 feet from centerline of right of way to property line. 12 . Offer to dedicate to the public for public utility purposes the following easement . 1 . All common area. 13 . Offers of dedication shall be completed and recorded prior to or in conjunction with the recording of the map. Fire/Building Code Conditions 14 . The project shall conform to all Uniform Building Code and Fire Code requirements as determined by the Building Official and Fire Marshall, respectively. 15 . A soils report, specifications on the common wall to consist of two one hour fire walls back to back to roof sheathing, and a copy the Final Map shall be submitted to the Building • Division at time of building permit plan check. 16 . Residential fire extinguishers and smoke detectors shall be installed within the units, as determined by the Fire Department. Plannincr Division Conditions 17 . The room specified as "Den" on the floor plan for the residential units shall maintain at least one unobstructed opening into the main living area and not have an enclosed closet . The intent of these requirements shall ensure the "den" is not converted to or occupied as a bedroom. 18 . To meet the outdoor recreational space requirement of the Zoning Ordinance, a 300 square foot private open space area shall be provided. To ensure the units have a private area, the side and rear yards comprising the open space shall be enclosed with a five foot high solid wood fence or decorative wall . 19 . Tree protection, as specified in the Native Tree Ordinance, shall be installed prior to issuance of permits for the preservation of the existing Mulberry and pine trees 20 . To ensure the existing streetscape design along Atascadero Avenue between Navajoa and Santa Ynez Avenues (northeast side) is continued, the project shall have a landscaped parkway • design with three Sycamore street trees spaced evenly within the parkway. 21 . A six inch high concrete curb shall be provided between landscape areas and all paved parking and drive aisle surfaces to protect the landscaping, handle drainage patterns and surface erosion. 22 . A distinct pedestrian path shall be provided between the unit entries and the public sidewalk. The path shall be of a colored, textured concrete and maybe flush and within the proposed drive aisle area. 23 . The use of a textured paving pattern shall be used to give importance, a finished appearance and additional definition to the large central drive and parking area. The pattern may define the individual parking stalls (including the 5' -0" handicap access way) and their relation to the drive/back-up area and pedestrian path. 24 . A written agreement for individual trash collection shall be received from Wilmar Disposal Co . prior to recording the map or final inspection. Individual trash containers shall be stored in garages or other enclosed areas . This agreement shall be reflected within the CC&R' s (see following condition) . • 25 . The applicant shall establish Covenants, Conditions, and Restrictions (CC&R' s) for the regulation of land use, control of nuisances, and architectural control of the site and buildings . a. These CC&R' s shall be submitted for review and approval to the Community Development Department prior to approval of the final map. b. These CC&R' s shall be administered by a Condominium Owner' s Association. C. A property maintenance agreement, in a form acceptable to the City Attorney, shall be included in the CC&R' s for the site. The CC&R' s shall address all aspects of site maintenance, including but not limited to driveway/parking areas, landscaping/irrigation, architectural treatment of the buildings, and upkeep of all fire protection devices (fire hydrants, sprinklers, extinguishers, etc. ) . Unauthorized tenant improvements that would effect required one-hour fire ratings shall be explicitly prohibited in the CC&R' s . 26 . A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners by a Registered Civil Engineer or Licensed Land Surveyor as required by the Land Surveyors Act and Subdivision Map Act . Monuments set within any road right of way shall conform to city standard drawing M-1 . b. Pursuant to section 66497 of the Subdivision Map Act the engineer or surveyor shall notice the City Engineer in writing that the monuments have been set . C . A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 27 . A check in the amount of $25 . 00, made payable to the County Clerk/Recorder, shall be submitted to the City of Atascadero Community Development Department prior to this approval being considered effective. Said check will serve as payment for • the required administrative fee imposed by the County of San Luis Obispo for the filing of all environmental determinations . 28 . Approval of this tentative map shall expire two years from the • date of final approval unless an extension of time is g: inted pursuant to a written request prior to the expiration aate. PM-06-91 .CON • • EXHIBIT G - Conditions of Approval Tentative Parcel Map 06-91 6905 Atascadero Avenue (Bough/Boud) As Amended by Planning Commission, August 6, 1991 CONDITIONS OF APPROVAL Engineering Division Conditions Utilities 1. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 2. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. Grading 3. A grading and drainage plan prepared by a registered civil engineer shall be submitted to The Community Development Department for review and approval by the Community • Development and Public Works Departments prior to the issuance of any building permits. The plan shall address on-site and off-site drainage impacts and proposed mitigation measures. The Developer may be required to provide off-site road improvements (such as berms and paved gutters) as required by the Director of Public Works to mitigate downstream drainage impacts. Road Improvements 4. Road improvement plans prepared by a registered civil engineer shall be submitted to the Community Development Department for review and approval by the Public Works Department, prior to the construction of the improvements. Plans shall include, but are not limited to the following. a. Atascadero Avenue: The road shall be widened and curb, gutter and sidewalk to match the improvements to the south of this project along the library frontage 5. Obtain an encroachment permit from the City of Atascadero Public Works Department prior to the start of public improvements. Sign an Inspection Agreement guaranteeing that the work will be done and the inspections paid for. 6. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrail, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the current State of California uniform sign • chart. Installation of traffic devices shall be subject to review and modifications after construction. 7. Construction of the public road improvements shall be completed or bonded for prior to the recording of the map. 8. All public improvements shall be covered with a 100% Performance Guarantee and a 100$ Labor and Material Guarantee until construction is deemed substantially P Y complete b a 10% Maintenance Guarantee to remain in effect until 1 year after substantial completion. Drainage 9. Drainage Facilities shall be constructed to City of Atascadero Standards. All work shall be completed prior to the final building inspection. 10. All lot grading and drainage improvements shall require written statement by a registered Civil Engineer that all work has been completed and is in full compliance with the approved plans. Dedications • 11. Offer to dedicate to the City of Atascadero the following right-of-way and/or easements. Street Name: Atascadero Avenue Limits: 30 feet from centerline of right of way to property line. 12. Offer to dedicate to the public for public utility purposes the following easement. 1. All common area. 13. Offers of dedication shall be completed and recorded prior to or in conjunction with the recording of the map. Fire/Building Code Conditions 14. The project shall conform to all Uniform Building Code and Fire Code requirements as determined by the Building Official and Fire Marshall, respectively. 15. A soils report, specifications on the common wall to consist of two one hour fire walls back to back to roof sheathing, and a copy the Final Map shall be submitted to the Building Division at time of building permit plan check. • 16. Residential fire extinguishers and smoke detectors shall be installed within the units, as determined by the Fire Department. Planning Division Conditions 17. The room specified as "Den" on the floor plan for the residential units shall maintain at least one unobstructed opening and not have an enclosed closet. The intent of these requirements shall ensure the "den" is not converted to or occupied as a bedroom. 18. To meet the outdoor recreational space requirement of the Zoning Ordinance, a 300 square foot private open space area shall be provided. The landscape plan, indicating vegetative buffers defining the private open space, shall be subject to the approval of the Community Development Director. 19. Tree protection, as specified in the Native 'Tree Ordinance, shall be installed prior to issuance of permits for the preservation of the existing Mulberry 'and pine trees 20. To ensure the existing streetscape design along Atascadero Avenue between Navajoa and Santa Ynez Avenues (northeast side) is continued, the project shall have a landscaped parkway • design with three Sycamore street trees spaced evenly within the parkway. 21. A six inch high concrete curb shall be provided between landscape areas and all paved parking and drive aisle surfaces to protect the landscaping, handle drainage patterns and surface erosion. 22. A distinct pedestrian path shall be provided within and between the dwelling unit entries, parking area and the public sidewalk. 23. A written agreement for individual trash collection shall be received from Wilmar Disposal Co. prior to recording the map or final inspection. Individual trash containers shall be stored in garages or other enclosed areas. This agreement shall be reflected within the CC&R' s (see following condition) . 24. The applicant shall establish Covenants, Conditions, and Restrictions (CC&R's) for the regulation of land use, control of nuisances, and architectural control of the site and buildings. a. These CC&R' s shall be submitted for review and approval to the Community Development Department prior to approval of the final map. b. These CC&R' s shall be administered by a Condominium Owner' s Association. • C. A property maintenance agreement, in a form acceptable to the City Attorney, shall be included in the CC&R' s for the site. The CC&R's shall address all aspects of site maintenance, including but not limited to driveway/parking areas, landscaping/irrigation, architectural treatment of the buildings, and upkeep P of all fire Protection devices (fire hydrants, sprinklers extinguishers, etc. ) . Unauthorized tenant improvements that would effect required one-hour fire ratings shall be explicitly prohibited in the ' P y p e CC&R s. 25. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners by a Registered Civil Engineer or Licensed Land Surveyor as required by the Land Surveyors Act and Subdivision Map Act. Monuments set within any road right of way shall conform to city standard drawing M-1. b. Pursuant to section 66497 of the Subdivision Map Act the engineer or surveyor shall notice the City Engineer in writing that the monuments have been set. C. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 26. A check in the amount of $25.00, made payable to the County Clerk/Recorder, shall be submitted to the City of Atascadero Community Development Department prior to this approval being considered effective. Said check will serve as payment for the required administrative fee imposed by the County of San Luis Obispo for the filing of all environmental determinations. 27. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. PM-06-91-CON MINUTES EXCERPT - 8/6/91 • residential property which would, in one respect,p crease the property value which should be a benefit an may lead to improved maintenance of the trees. Commissioner Highland remarked that the ndividuals involved need to be given trust adding that it pears to him that both the developer and neighbors are w king to try and achieve what is best for both sides. would not be in favor of imposing any additional condi 'ons in light of the testimony heard from both parties. Chairperson Luna concu ed adding that Golden West Development projects are indi tive of their professionalism and integrity. Th tion carried 7:0. Commisser Highland expressed his appreciation to Mr. Shann for making the types of efforts that he has in pro ' cts to work with everyone in the neighborhood. It is v y commendable. Chairperson Luna declared a break at 8: 50 p.m. ; meeting reconvened at 9: 00 p.m. 3. TENTATIVE PARCEL MAP 06-91: Application filed by Edward and Elsie Bough (Joseph Boud and Associates, agent) for the creation of a four unit residential condominium project. Subject site is located at 6905 Atascadero Avenue. Robert Malone presented the staff report on this request. He suggested amendment to Conditions #22 and #23 (pedestrian path and textured paving pattern of parking area) that would include wording to the effect that the final design would be subject to approval by the Community Development Director. With regard to Condition #17, (the den) to assure that this space will not be converted to a bedroom, Mr. Malon offered this amendment: The room specified as "Den" on the floor plan for the residential units shall maintain at least one unobstructed opening into into the main living area consisting of an enlarged opening with half height walls, removal of the fin wall adjacent to the door, and not have an enclosed closet. Commissioner Highland asked for clarification (staff report, pg. 2, last sentence in 1st paragraph) noting that the sentence does not go anywhere. Mr. Malone noted that the drainage will continue to Atascadero Creek. Commissioner Kudlac referenced #17 with regard to the den and stated that it appears to look like a closet without doors. MINUTES EXCERPT - 8/6/91 • Mr. Malone stated it is not clear, but may be a built-in desk. - Public Testimony - Joe Boud, representing the applicant, stated that the applicant basically is in agreement with the staff report, but there are some areas in the conditions that he would like to have reworded to allow some flexibility. With regard to #17, Mr. Boud clarified that the line designated on the floor plan is a built-in desk with shelving. He explained that the den was designed to create a private space, and having a one-half wall will diminish that privacy aspect. Mr. Boud pointed out that by ordinance, five 2-bedroom units would be allowed, so this project is actually one complete unit less than what would be permitted on the site. In discussing Condition #18 (open space area) , Mr. Boud explained tht the concept was to develop the site with less density than allowed and to create a garden-like atmosphere (without fencing) and indicated his feeling that this open space meets the ordinance' s intent. With regard to Condition #22 (pedestrian access) and #23 (textured paving) , Mr. . Boud stated that the Appearance Review guidelines encourages separation of pedestrian and vehicular traffic, and voiced objection to putting in walkways because it will affect the onsite drainage and a series of asphalt to concrete edges will be created. He added that he did not feel that the Guidelines ' objectives would be neglected if pedestrian access can be provided from the garage to the units. In response to request by Chairperson Luna, Mr. Boud summarized his comments on the conditions: 17. Leave wording as is. 18. Suggests that the idea of five foot high solid fencing or decorative wall be stricken primarily because with landscape materials as specified on the landscape plan) , it meets that requirement. 22. & 23. Deletion of both Conditions with a new Condition #22 to reflect language that the pedestrian/vehicular access separations and amount of paving used will be minimized to the extent possible with approval by the Community Development Director. MINUTES EXCERPT - PC 8/6/91 • Clemens Boch, owner of the project, discussed his concerns with the same conditions. With regard to #17, he explained that the intention was not to create a den; he requested that the language remain as is. He indicated his displeasure that it appears as though staff is trying to design the project. In addressing #18, Mr. Boch stated he prefered the landscape alternative to the fencing. Regarding #22, Mr. Boch voiced his feeling that a distinct pedestrian path can pretty much be worked out between staff and the applicant, and would not want to get tied into an exact design solution. Mr. Boch stated his objection to providing textured paving throughout the project (#23) . He pointed out that the Appearance Guidelines appears to support a defined area (landscaping) . - End of Public Testimony - Mr. DeCamp addressed Condition #17 stating that staff will have an opportunity to review the building permits and that if the developer can offer another design solution he would like to leave that to the discretion of the builder. However, the small wall beside the doorway into the hallway will definitely • need to come out. In discussing #18, Mr. DeCamp stated that it may be appropriate, in thiscase, to provide adequate landscape screening to separate the private open space of one unit from another. He offered language to read: Landscape plans shall be approved by the Community Development Director prior to the issuance of building permits. With regard to #22 and #23, Mr. DeCamp emphasized that he wishes to make it clear to the Commission, applicant and designer that it was not staff' s intention to impose a design. Attempt was made to show the designer that there are alternatives to the design of the driveway and walkway. So staff did prepare a site plan that showed how a walkway could be established that would be at grade with the driveway. A rewording of Condition #22 was offered: A distinct pedestrian path shall be provided within and between the dwelling units, parking area and the public sidewalk. The design shall be approved by the Community Development Director prior to issuance of building permits. Since Conditions #22 and #23 are closely interrelated, given the rewording of #22, Mr. DeCamp suggested that #23 could be eliminated. The intent with this condition was to avoid a "sea of asphalt. " Commissioner Highland expressed reservation with conditions that appear to be unenforceable (relating to #17) . He added that after a unit is built and sold, no matter what the MINUTES EXCERPT - PC 8/6/91 condition r • the a is not any way of preventing that room from being converted to a bedroom if someone wants to. With regard to #18, he stated his preference for using landscaping that can delineate and separate areas, and he indicated concurrence with staff' s suggested revisions to #22 and #23. Chairperson Luna concurred with Commissioner Highland; however, with respect to #17, he voiced his feeling that it is important that the Commission impose some condition which will specify that the project density will be consistent with the density of the underlying zoning. Commissioner Kudlac commended the applicant on his project design adding that it will be a good looking project for the area. He noted that he perceives the project as 4 units that are 3 bedrooms each noting that he has a hard time believing that the "den" will remain a "den" Commissioner Waage stated he has had the same concern with most prior projects the Commission has reviewed, basically because they are usually built to the maximum. Discussion continued on this issue. Commissioner Johnson stated he has a distinct problem with insinuations that the applicant is a liar and cheater; that they're designing this so that it can be a 3rd bedroom. When a developer is developing a project like this one with a particular theme in mind, he did not feel that it is up to the Commission to tell the applicant to change that theme. MOTION: By Commissioner Lochridge and seconded by Commis- sioner Hanauer to recommend approval of Tentative Parcel Map 6-91 based on the Findings and subject to the Conditions of Approval as amended: - 17 (unchanged) '18. To meet the outdoor recreational space requirement of the zoning Ordinance, a 300 square foot private open space area shall be provided. The landscape plan, indicating vegetative buffers defining the private open space, shall be subject to the approval of the Community Development Director. ' 022. A distinct pedestrian path shall be provided within and between the dwelling unit entries, parking area, and the public sidewalk. " - Deletion of #23 (and renumber rest of conditions) Commissioner Highland voiced objection to Condition #17 remaining unchanged as it was his feeling that a den by definition should be able to be completely closed off. MINUTES EXCERPT - PC 8/6/91 • Commissioner Johnson offered that " perhaps cafe doors could be installed which would close off that room from the main living room. After further discussion, Commissioner Lochridge offered amendment to the motion for #17 to delete: '. . . . .into the main living area. . . ' Commissioner Hanauer indicated agreement with the amendment. The motion carried 6:1 with the following roll call: AYES: Commissioners Lochridge, Hanauer, Waage, Johnson, Highland, and Chairperson Luna NOES: Commissioner Rudlac • REPORT TO CITY COUNCIL CITY OF ATASCADERO AGENDA ITEM: _ Through: Ray Windsor, City Manager Mtg. Date: 8/27/91 From: Henry Engen, Community Dev. Director File No: TTM 8-91 SUBJECT: Request for a tentative tract map for creation of a commercial condominium project consisting of six airspace units for profes- sional/medical office use at 7605 Morro Road (Golden West Develop- ment/Richard Shannon) . RECOMMENDATION: Per the Planning Commission' s recommendation, approval of Tentative Tract Map 8-91 based on the Findings and subject to the Conditions of Approval contained in the attached staff report. • BACKGROUND: On August 6, 1991, the Planning Commission conducted a public hearing on this application and on a 7: 0 vote, recommended approval of the tract map request. There was discussion and public testimony as reflected in the attached minutes excerpt. HE:ps Attachments : Staff Report - August 6, 1991 Minutes Excerpt - August 6, 1991 cc: Golden West Development c/o Richard Shannon S. Richard Mitsuoka • CITY OF ATASCADERO Item: 8_2 STAFF REPORT FOR: Planning Commission Meeting Date: August 6, 1991 BY: Gary V. Raiser, Assistant Planner G4< File: TTM #08-91 SUBJECT: Consideration of a tentative tract map application for a commercial condominium project consisting of six (6) airspace units for professional/medical office use. Remaining portions of the site would be owned in common and used for landscaping, parking, and public utility purposes. RECO24MENDATION: Staff recommends approval of Tentative Tract Map #08-91 based on the Findings contained in Attachment F and subject to the Conditions of Approval contained in Attachment G. SITUATION AND FACTS: 1. Applicant. . . . . . . . .Golden West Development/Richard Shannon 2. Representative. , . . . . . . * . . . .S. Richard Mitsuoka, Architect • 3. Project Address. . . . . . . . . . . . . . . . . . . . . . . . . . .7605 Morro Road 4. Legal Description. . . . . . . . . . . . . . . . . . . . . .Lot 26, Blk QB, AC 5. Site Area. . . . . . . . . . . . . . . . . . . . .34,467 ft2 (0.79 acres +/-) 6. Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CP(FH) (PD3) 7. General Plan Designation. . . . . . . . . . . . . .Professional Office 8. Existing Use. . . . . . . . .Same as Proposed, Under Construction 9. Environmental Status. . . . . . . . . . . . . . . . .Negative Declaration per Precise Plan #73-90 ANALYSIS: The project is essentially a proposal to change the ownership pattern within two (2) professional office buildings currently under construction at 7605 Morro Road (Attachments A & B) . The project would result in a total of six (6) individually-owned airspace units -- five (5) contained in "Building B" and one ( 1) contained in "Building All -- with remaining portions of the site owned and maintained in common (Attachment C) . • 1 Prior Approvals I' Precise Plan73- # 90 was approved on October 4, 1990 and became effective on October 25, 1990 (Attachment D) . All necessary building permits have subsequently been issued and the development of the site is now well under way. The current application proposes no physical changes to plans already approved. Environmental Review An Initial Study was conducted for the project presently under construction, and a Negative Declaration was prepared, in accordance with City of Atascadero Resolution No. 1-86 and the California Environmental Quality Act (Attachment E) . This environmental document is adequate for development of the site in accordance with the approved precise plan. The current application would involve negligible or no expansion of use beyond that already approved, and, therefore, is categorically exempt from further CEQA review. Development Standards Compliance with all applicable development standards, including those set forth within Planned Development Overlay Zone No. 3, was a prerequisite to approval of the associated precise plan application. CONCLUSIONS: To reiterate, the condominium project now being considered would not result in any physical changes in the project previously approved by precise plan and currently under construction. In staff' s opinion, however, the current proposal for individual ownership of the interior units and common ownership of remaining portions of the site would have two very positive effects: ( 1) it would promote a heightened sense of pride for the center by increasing the likelihood that each tenant would actually own their respective unit, as well as a portion of the entire center, and (2) it would strengthen provisions for maintenance of the site through recordation of Covenants, Conditions and Restrictions (CC&R' s) . ATTACHMENTS: Attachment A - Location Map (Zoning) Attachment B - Location Map (General Plan) Attachment C - Tentative Tract Map Attachment D - Precise Plan #73-90 Attachment E - Negative Declaration Attachment F - Findings for Approval • Attachment G- Conditions of Approval 2 Matti AN tet. � � � ��., � • �� WE � PM . J` . ► MAP ♦ ♦� �� • II1► � � •fie , � ♦ ♦ � � / a. Tt}f�" � ♦ r� r ' ��r �I . ��` C?TY OF ATASGAD1�E-� O ATTACHMENT C ---- CC:tiLN L,;I7t D E i G:.O Pyr ,- Tent . Tract Map j�� 1 TTM #08-91 • a ' Q 9: r � I� � a g Q Vol lit t 7 0 J I ' J _ 3 w d� i ' i f ATTACHMENT D ADMINISTRATION BUILDING - Precise Plan #73-90 POST OFFICE BOX 747 TTM #08-91 ATASCAOERO. CALIFORNIA 91423 PHONE: (6051 466.6000 • CITY COUNCIL MU31 400.6000 CITY CLERK taseade�® CITY TREASURER INCORPORATED JULY 2. 1979 - ~� CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE CADERO, CALIFORNIA 91422 ATAS PUBLIC WORKS DEPARTMENT PARKS AND RECREATION DEPARTMENT PHONE: (605) 466.2141 October 4, 1990 S. Richard Mitsuoka 1435 Nacimiento Lake Drive Paso Robles, California 93446 RE: PRECISE PLAN 73-90 7555 Morro Road Dear Mr. Mitsuoka: This is to inform you that the City of Atascadero has reviewed • the above-referenced Precise Plan application for the construction of a commercial/office complex at 7555 Morro Road (Exhibit A) . As you may recall, an approved Precise Plan is necessary for any non-residential development exceeding three thousand (3, 000) square feet in gross floor area. The project site, and lands to the north and south, are currently zoned CP-FH-PD3 (Commercial Park, with Flood Hazard and Planned Development overlay zones) , which allows for the uses proposed. Lands to the west (across Morro Road) are also zoned CP-PD3 , yet are not within the determined flood plain. Properties to the east of the project site are currently zoned LSF-Y-FH (Limited Single-Family, Flood Hazard overlay zone) . An Initial Study was conducted for this project, and a Negative Declaration was prepared, in accordance with City of Atascadero Resolution No. 1-86 and the California Environmental Quality Act (CEQA) . That is, upon review of the application and the particular characteristics of the project site, a determination was made by the Community Development Director that the project as proposed would not have a significant adverse effect on the environment. The subject Precise Plan has therefore been approved as shown by the attached site plan (Exhibit B) , grading and drainage plan (Exhibit C) , landscape plan (Exhibit D) , building elevations (Exhibit E) , based on the attached findings (Exhibit F) , and subject to the conditions of approval included herein (Exhibit G) . Final approval of the subject Precise Plan will become effective on October 25, 1990, unless an appeal is filed during this appeal period. (NOTE: THIS DOES NOT CONSTITUTE A GRADING OR BUILDING PERMIT. ) If you are dissatisfied with any of these conditions to approval, you may appeal to the Planning Commission within the aforementioned appeal period. Any such appeal must be made in writing, along with the appropriate fees, and must clearly state the reason (s) for the appeal. Appeals would then be scheduled for Planning Commission consideration as a public hearing. You are encouraged, however, to discuss any objections you may have to these conditions with the planning staff prior to filing a ' formal appeal, as it may be possible to resolve your concerns at the staff level. Please feel free to contact this office if you have any questions regarding this matter. Sincerely, Gary V. Kaiser, 0 Assistant Planner Attachments: Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Grading and Drainage Plan Exhibit D - Landscape Plan Exhibit E - Building Elevations Exhibit F - Findings for Approval Exhibit G - Conditions of Approval cc: Meadow Brook Center LTD. Richard Shannon, partner 7544 Morro Road Atascadero, California 93442 PP-73-90. let .1;.•• • • CITY F ATASCADERO EXHIBIT A LOCATION MAP COMMUNITY DEVELOP.yfENT PRECISE PLAN #73-90 • ..;. DEPARTMENT 2 i - 1 I r RMF~ cr TSS � i I t •' —a—�r 'RS FSC f: i4c L •Y Ec '' i �4, f L(FH)\ —ANDA111 -, 4rs S I T _ \ SCA "lo r f \ / a c1 W Pd i Ge • •• . . '� CITY ' F ATASCADERO EXHIBIT B COM�V1(1Nt7Y DEVESITE PLAN L012 ENT PRECISE PLAN # C %6:;. DEPARTMFIVT k _ -_- ft t.., vo IY I I I� -- ;1 • f ff . � Ph ell �I i �.• � 1r _� R — �' _ � I=mo-•i, . CITY r,.)F ATASCADER f EXHIBIT C -'.; �; ;", 0 GRADING/DRAINAGE PLAN C OM MUNI TY 0EVEL0PMENT PRECISE PLAN #73-90 �..;. DEPARTMENT II ;� , . - - �y :.l•I fir• _� ' �` ---..,..�., ,. ' F` — ia`'�• f a. It `r ofof �J • �I i ' I ti i _ _ .� � ,� .1 _ _i -I• I III l .._.��. w WLBRECXT SURVEYS '"A VO ORAIAMOS ALAM ter~ _ .�tiE:iA E?CiSEEP.ISG'ate I �. • " CIT" JF ATASCADERO fA EXHIBIT D LANDSCAPE PLAN "we - �i �• t L. PRECISE PLAN #73 CQtifU - 0 1 til NITY DEVELOPMENT' DEPARTMENT -'ter•-� � �_ � _ 7 • •'yam _ 7'0 ..r •• t Nrnan•m.i•n••� 1 N MMN N.••••• •�I 4. A••t• 1 1 • � ._.. - Mf_w Nt••N•K••fN i -)r �SCADERO f EXHIBIT E I � •• . . ` 9 C 1 - "'�"•° ' �� BUILDING ELEVATIONS C(3M'VfL1NlTY 0EVEL0P�V[,EV - PRECISE PLAN #73-90 �•.� DEPARTMENT !W P I � nllLi n 1 ��.�i 1��T —•, ,.....o.,,. -^` t I I I �� � � � f I •,.. -..nom....u.��.. � _...........-. - _ F 11 11 1 1 N p .i Exhibit F - Findings for Approval Precise Plan 73-90 7555 Morro Road (Meadow Brook Center/Mitsuoka) 1. The proposed project, with the conditions contained herein, is consistent with the General Plan. 2. The proposed project and use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with • the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that -would result from full development in accordance with the Land Use Element. 6. The proposed project is in with the City' s Appearance Review Guidelines. PP-73-90. fin EXHIBIT G Conditions of Approval Precise Plan 73-90 7555 Morro Road (Meadow Brook Center/Mitsuoka) 1. All construction shall be in conformance with Exhibit B (site plan) , Exhibit C (grading and drainage plan) , Exhibit D (landscape plan) , Exhibit E (building elevations) , Exhibit G (conditions of approval) , and all other codes and ordinances of the City of Atascadero. Exterior materials and colors shall be consistent with the color materials board contained in the application. Any modification of this project shall be subject to the review and approval of the Community Development Department. 2. All applicable requirements of the Uniform Fire Code and Uniform Building Code shall be met to the satisfaction of the City Fire Marshall and City Building Official, respectively, prior to the occupancy of any building. 3. All conditions of approval contained herein shall be satisfied prior to the occupancy of any building, and prior to the final building inspection, unless otherwise stated. 4. All relocation and/or alteration of existing utilities shall be the responsibility of the developer, and shall be placed underground. 5. Grading and drainage plans, prepared by a registered civil engineer, shall be resubmitted to the Community Development Department for review and approval by the Community Development and Public Works departments, prior to the issuance of any building permits. These plans shall conform with all requirements of the Flood Hazard Overlay Zone. 6. All grading shall be supervised by the engineer of record. The project engineer, or a licensed surveyor, shall stake all property and building corners, prior to beginning work on the foundation. 7. An encroachment permit from Caltrans shall be obtained, and evidence of the issuance of said encroachment permit shall be submitted along with materials necessary at the building permit stage. The applicant shall satisfy all improvement requirements of Caltrans, including but not limited ,to curb, gutter, sidewalk, and storm drainage. These improvements • shall be constructed prior to the final building inspection and occupancy. 8. The applicant shall satisfy all requirements of the City Fire Department, including but not limited to; the installation of one (1) on-site fire hydrant, an automatic sprinkler system in proposed "Building B" , and adequate fire extinguishers. 9. A utility plan, including sewer and water improvements, shall be submitted for the review and approval of the Community Development, Public Works, and Fire departments prior to the issuance of any building permits. This information may be shown on required grading and drainage plans. 10. All tree protection measures recommended by the certified arborist shall be shown on plans submitted at the building permit stage. In addition, a letter shall be submitted by the certified arborist indicating that tree protective measures are in place, prior to the issuance of a building permit. 11. Six (6) native replacement trees, similar to the three trees proposed to be removed, shall be planted on the site. The certified arborist shall verify that this condition has been met prior to the final building inspection. 12. Landscape plans shall be submitted for review and approval by the Community Development Department, prior to the issuance of S any building permits. Said landscape plans shall include, but shall not be limited to, all necessary replacement trees, proposed method of irrigation, and landscaping of ten (10) percent of the parking area. 13. All outdoor mechanical equipment shall be located- within a roof well or properly screened on the ground. 14. Detailed plans for the proposed trash enclosure area, including elevations and an indication of materials to be used, shall be submitted along with other necessary materials at the building permit stage. The trash enclosure area shall be enclosed within a solid wall or fence, at least as high as the collection container, but no less than three (3) feet in height and no more than six (6) feet in height. The trash enclosure area shall conform to all other provisions of the City Zoning Ordinance, including but not limited to bottom surfacing and vertical clearance. 15. A six (6) foot solid wall or fence shall be constructed along the side and rear property lines, which abut residential uses (to the south and east) . The fence, or wall, shall be architecturally compatible with the main buildings, as approved by the Community Development Department. Plans submitted at the building permit stage shall include the proposed location, height, color, and materials, for the fence or wall. C • 16. All signs shall be established by building permit, and shall be generally consistent with information contained in this application (photographs and written captions on color board) . 17. This Precise Plan is approved for a period of one year from the date of final approval (October 25, 1990) . Upon expiration of this period, this Precise Plan approval shall become null and void, unless: (a) Substantial site work toward establishing the authorized use has been performed, as defined by Section 9-2. 114 of the City Zoning Ordinance; or (b) The project is completed, as defined by Section 9- 2. 115 of the City Zoning Ordinance; or (c) An extension has been granted, as set forth by Section 9-2. 118 of the City Zoning Ordinance; or (d) A building moratorium is imposed on the project site. • PP-73-90.CON CI i Y O F AT-AS CAD -� EZ(D ATTACHMENT E C0Ly0Y L.,,TI'f p E-10 M 0 Negative Declaration TTM #08-91 • CITY OF ATASCADERO ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION C011WJNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO.CA 93422 (805)461-5035 APPLICANT: d5o,os1 ., t,��T Qica+a.20 St+awvorl, ��2Tt-+ESt 75`ht tMcrZ,Zo lZd . Pr x,�pe4a, C-A'. 92,dE4Z PROJECT TITLE: `�Z,sc 'tt-� X73-Ro PROJECT LOCATION: `IS Ss- V'(1--Z .o 4zoPc,> PROJECT DESCRIPTION: • FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above Sndiags.and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department).it has been determined that the above project will not have an adverse impact on the environment. � IHenry ngen Community D velopmen Director. Date Posted: OCTOBER 4, 1990 Dale Adopted: ocro 6E2 z.s� ATTACHMENT F - Findings for Approval Tentative Tract Map #08-91 7605 Morro Road (Meadowbrook Center) ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared in association with Precise Plan # 73-90 is adequate for the project now under consideration. MAP FINDINGS: 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. • 3. The site is physically suitable for the type of development proposed, and as conditioned. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems. TTM-08-91.fin ATTACHMENT G - Conditions of Approval Tentative Tract Map #08-91 7605 Morro Road (Meadowbrook Center) CONDITIONS OF APPROVAL: 1. All development shall be in conformance with Precise Plan #73-90. No physical modifications of said approval shall occur on the site without prior review and approval of the Community Development Department. All building permits necessary for the development of the site in conformance with Precise Plan #73-90 shall receive a final inspection prior to the recordation of the final tract map. 2. An exception to Condition #1 above is that all walls and floor/ceiling assemblies in "Building B" (units 1 through 5) must be constructed to have a one-hour fire rating, pursuant to the Uniform Building Code (UBC) . Therefore, the applicant shall apply for and have approved a revision to the building permit already issued for "Building B" to show construction of the required one-hour fire walls. 3. All existing and proposed utility, pipeline, drainage, open space, and/or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 4. A property maintenance agreement, in a form acceptable to the City Attorney, shall be included in Covenants, Conditions and Restrictions (CC&R' s) for the site. Said CC&R' s shall address all aspects of site maintenance, including but not limited to driveway/parking areas, landscaping/irrigation, architectural treatment of the buildings, and upkeep of all fire protection devices (fire hydrants, sprinklers, extinguishers, etc. ) . Unauthorized tenant improvements that would effect required one-hour fire ratings shall be explicitly prohibited in the CC&R' s. 5. The applicant shall offer to dedicate to the public for public utility purposes the open space/common lot area. 6. Offers of dedication, and CC&R's, shall be completed and recorded prior to or in conjunction with the recording of the map. 7. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. (page 1 of 2) a. Monuments shall be set at all new property corners by a • Registered Civil Engineer or Licensed Land Surveyor as required by the Land Surveyors Act and Subdivision Map Act. Monuments set within any road right of way shall conform to city standard drawing M-1. b. Pursuant to section 66497 of the Subdivision Map Act the engineer or surveyor shall notice the City Engineer in writing that the monuments have been set. C. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. TTM-08-91.con MINUTES EXCERPT - PC 8/6/91 NOES: • Commsssioners Highland and Hanauer 2. TENTATIVE TRACT MAP 08-91: Application filed by Golden West Development (Richard Mitsuoka, agent) for a commercial condominium project consisting of six airspace units for professional/medical office use. Subject site is located at .7605 Morro Road. Mr. Davidson presented the staff report on this request noting that the project was initially approved under Precise Plan 73-90 and is currently under construction. Staff is recom- mending approval subject to seven conditions. Commission discussion and questions followed. Commissioner Johnson referenced Mrs. McFadden's remarks (under public comment) noting there is a 6 foot solid wall which abuts residential uses, and asked if staff has determined this screening adequate for the residential privacy. Mr. Davidson explained Zoning Ordinance provisions with regard to rear setbacks, fencing requirements, etc. Mr. DeCamp pointed out that determination was made that the project as approved through the building permit meets all applicable • provisions of the Zoning Ordinance. Commissioner Johnson stated that in his opinion, Mrs. McFadden' s privacy is being invaded by the project. Chairperson Luna mused that Finding #3 (Exhibit F) which states that the establishment and subsequent operation of the project will not be detrimental or injurious to property or improvements in the neighborhood may be a case that could be made by Mrs. McFadden. Discussion followed concerning the appropriateness of a type of tree screening between the two uses. - Public Testimony - Richard Mitsuoka, agent for the applicant, clarified that the six foot side fencing was measured from the higher side of the property. In response to query by Commissioner Waage, Mr. Mitsuoka noted that the the project landscape architect has been working with the residential property owners in an effort to provide adequate screening from the rear residential properties. Mr. Mitsuoka added that the building was designed to be residential in nature so as not to be a massive wall to the west of thero ert . Discussion .continued. P P Y MINUTES EXCERPT- PC 8/6/91 • Commissioner Johnson stated that he would like to see restrictions on the size of the trees when they are first planted. Richard Shannon, applicant, referenced the two large canopy trees and noted that the landscape architect was directed to provide as much screening as possible across the back side of the property. He added that he has also offered to plant some trees on the adjoining owners ' property. Mr. Shannon explained that when the project was originally designed, the biggest concern was not to have a 20 foot tall block wall in the rear. He noted that he is not opposed to planting vegetation to help block and screen the adjacent neighbors, but to propose a solid wall of trees would be fruitless as they would die because of the canopy cover of the existing trees. Mr. Shannon then responded to questions by the Commission. Mrs. McFadden, 7640 Atascadero Avenuue, said that she would like to see a solid screen of trees back there because the ones that are on the island are bare in the winter time. There is a straight shot from the back of the project looking directly to her deck, house and yard. She expressed her hope that the trees will be substantial in size. • In response to question by Commissioner Kudlac, Mrs. McFadden replied that she has met with the applicant concerning the planting of trees to the rear of her property. Discussion continued concerning attempts that have been made to work between the applicant and property owner. Mrs. McFadden inquired if the units are sold as individual office spaces, does that individual have the right to take out any trees. Mr. Davidson noted that the approved landscape plan would have to be modified. Commissioner Highland stated he personally knows of very few rapidly growing, non-deciduous trees. MOTION: By Commissioner Highland and seconded by Commis- sioner Kudlac to recommend approval of Tentative Tract Map 08-91 based on the Findings and subject to the Conditions of Approval contained in the staff report. Commissioner Waage asked if a condition could be added that would maximize screening to the rear. Mr. DeCamp remarked that this is one of those areas where less government intrusion might be better; however, the Commission does have the discretion to impose a condition requiring revised landscape plans to be approved by the Community Development Director. He added that he would not want to limit the flexibility to provide landscaping on the MINUTES EXCERPT - PC 8/6/91 • residential property which would, in one respect, increase the property value which should be a benefit and may lead to improved maintenance of the trees. Commissioner Highland remarked that the individuals involved need to be given trust adding that it appears to him that both the developer and neighbors are working to try and achieve what is best for both sides. He would not be in favor of imposing any additional conditions in light of the testimony heard from both parties. Chairperson Luna concurred adding that Golden West Development projects are indicative of their professionalism and integrity. The motion carried 7:0. Commissioner Highland expressed his appreciation to Mr. Shannon for making the types of efforts that he has in projects to work with everyone in the neighborhood. It is very commendable. Chairperson Luna declared a break at 8: 50 p.m. ; meeting reconvened at 9: 00 p.m. 3. TENTATIVE PARCEL MAP 06-91: / Application filed by Edward and Elsie Bough (�oseph Boud and Associates, agent) for the creation of a four unit residential condominium project. Subject site is located at 6905 Atascadero Avenue. / Robert Malone presented the staff repor on this request. He suggested amendment to Conditions #22 afid #23 (pedestrian path and textured paving pattern of perking area) that would include wording to the effect that-"the final design would be subject to approval by the Commynity Development Director. With regard to Condition #ly, (the den) to assure that this space will not be converted to a bedroom, Mr. Malon offered this amendment: The rooi9/specified as "Den" on the floor plan for the residential ,units shall maintain at least one unobstructed openinj/ into into the main living area consisting of an enlarged opening with half height walls, removal of the fin wall adjacent to the door, and not have an enclosed closet,. Commissioner Highland asked for clarification (staff report, pg. 2, last sentence in 1st paragraph) noting that the sentenc ' does not go anywhere. Mr. Malone noted that the • drain a will continue to Atascadero Creek. Co issioner Kudlac referenced #17 with regard to the den and at ed that it appears to look like a closet without doors. • REPORT TO CITY COUNCIL Meeting Date: 8/27/91 CITY OF ATASCADERO Agenda Item #B-7 Through: Ray Windsor, City Manager From Lee Raboin, City Clerk SUBJECT: Re-appointment of three (3) citizen members on the City' s Recycling Committee. RECOMMENDATION: Adopt Resolution No. 82-91 re-appointing James Patterson, Renee Silberman and Michelle Velasco to two-year terms each on the City of Atascadero' s Recycling Committee. BACKGROUND: • At the City Council meeting of August 13, 1991, Mayor Shiers, as a member of the Recycling Committee, reported that three terms on the committee had expired. He indicated that all three of the citizen members had expressed interest in continuing to serve. By Council consensus, re-appointment was agreed upon and staff was directed to bring back the necessary resolution. ANALYSIS: The Recycling Committee' s By-Laws were amended by Resolution No. 112-90 (attached) and specifically exempts recruitment and appointment procedures for this committee as set forth in Resolution No. 38-91. Attachments: Resolution No. 82-91 Resolution No. 112-90 'I • RESOLUTION NO. 82-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA REAPPOINTING THREE MEMBERS TO THE CITY'S RECYCLING COMMITTEE WHEREAS, the City Council of the City of Atascadero has established a Recycling Committee; and WHEREAS, terms for three (3) members have expired and those members have expressed interest in continuing to serve on the Recycling Committee; and WHEREAS, pursuant to Resolution No. 112-90, recruitment and selection of citizen representatives shall not be subject to Resolution No. 35-81. THEREFORE, BE IT RESOLVED that the following citizens are hereby re-appointed to the City of Atascadero' s Recycling Committee for two-year terms: James Patterson . Renee Silberman Michelle Velasco On motion by Councilmember seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO ATTEST: By: ALDEN SHIERS, Mayor LEE RABOIN, City Clerk RESOLUTION NO. 112-90 A RESOLUTION OF THE ATASCADERO CITY COUNCIL TO AMEND RESOLUTION NO. 5-90, WHICH ADOPTED BY-LAWS FOR THE CITY' S RECYCLING COMMITTEE BE IT RESCLVED that the City Council hereby amends Resolution No . 5-90 to read as follows : WHEREAS, the City Council has established a Racycl_ng Ccmmit- t=e to advise and make recommendations on matters pertinent to the issue of waste reduction a .d management, the Council her?by aszab- lisres the following by-laws for said Recycling Committee : Recycling Committee . The City Council may establish an advisory Recycling Commit- tee, t0 serve wit out cc.T-ersation, cons4 iting of a memlzer cf s=3ff, a Co ncilperscn, 3 rapresen=ative c= the local ref',se l � ccl- e�tc-- a cal re�yci_r and citizens ares' de within the Cit, • limit-s . Said number of c4_tiz.=_n3 to be appointed shall be at tie discretion of the Citi. Council . Term. ( a) The citi-zen representatives shall be appointed by Council- to ouncilto a term of twc ( _' ) years, except for the initial year. Each suc- ceeding year, the Council shall fill the vacancies created by the expired terms at t.ieir d1scretion. (b) The Councilperson shall be designated by Council to a one-year term.. A Councilperson may serve as many consecutive terms as Council desires but shall be designated on an annual basis . ( c) The staffperson, local refuse collector representative and local recycler shall be appointed by Council to a two-year term. The number of consecutive terms served by these individuals shall be left to the discretion of the Council. Committee Selection. Selection of citizen representatives shall not be subject to Resolution No. 35-81 . Council shall use its discretion in appoin- ting citizen members. Duties and Rules. • (a) It shall be t.Le duty of the Recycling Committee to recom- mend to Council or to the City :tanager programs and activities that will reduce the amount of landfill refuse being generated within the City of Atascadero to meet or exceed the goals established by the State.. These programs a d activities shall include, but not be limited to, recycl_ng, consumer education and source reduction. • Resolution No. 112-90 (cont'd) The committee shall study related matters and make recommendations to the Council . (b) The committee shall meet as necessary at a convenient ti,-&.e and place designated by the committae. ( c) Cfficers shall consist of a chairperson and secretary elected to a six-month tar-m by a majority vote of the committee . The chairperson shall preside overall c- 4t' meetings . - '_'he secretary shall record all committee meeting minutes, -_ficial_ actions and recommendations . (d) Matters shall be decided by a majority vote of those members Present. �n motion by C-u.^.-ilrembar Shiers seconded by Cou.cil memb?r Dpxr_er the f-regoJig reso:ut::n is hereby adopted i its a nt_r?_Y, effective immed:Lately, cn c:le following, --ill-Call • Vote. AZr:°: , Councilmembers Nimmo, Borgeson, Shiers, Dexter and Mayor Lilley- NOES: illeyNOES: None Aa S E NT: None .:OPTE0: "September 25, 1990 ATTES - 7 LEe. DAYKA, ' ' City Clark � BE T � LE Mayor APPROVED AS TO FORM: -AG'VT= ty Attorney • REPORT TO CITY COUNCIL Meeting Date: 8/27/91 CITY OF ATASCADERO Agenda Item #B-8 Through: Ray Windsor, City Manager From Lee Raboin, City Clerk Dl� SUBJECT• Request to authorize the State Department of General Services to purchase certain items on behalf of the City. RECOMMENDATION: Adopt Resolution No. 83-91 authorizing the Office of Procurement, Department of General Services of the State of California to purchase certain items on behalf of the City of Atascadero and, further, directing the City Manager to sign and deliver all necessary requests and documents. BACKGROUND: • Pursuant to Government Code Section 14814 and to Public Contract Code Section 10324, the State is authorized to make purchases of materials, equipment or supplies on the behalf of any city through a cooperative bidding process and requires that consent be given formally by resolution. On May 8, 1990, Resolution No. 48-90 was adopted empowering the State to make such purchases. The resolution, however, was limited to the Fiscal Year 1990-91 and in order to take advantage of the opportunity to buy from the State, the City must again give approval. ANALYSIS: The resolution before you is essentially the same as the one adopted last year, without the designation of a specific time period; thus will provide a document that can be used each year without creating the need to come back annually for authority. The resolution, if adopted, will remain in effect unless Council desires to amend or rescind the resolution. FISCAL IMPACT: No specific purchase request is being requested, therefore, • there is no impact at this time. I would note, however, that the State does charge a minimum fee of $40. 00 per order; a fee that staff will include when making cost analysis. RESOLUTION NO. 83-91 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS FOR AND ON BEHALF OF THE CITY OF ATASCADERO WHEREAS, pursuant to Section 14814 of the Government Code and Section 10342 of the Public Contract Code, the City Council for the City of Atascadero does hereby authorize the Office of Procurement, Department of General Services of the State of California to purchase materials, supplies and equipment for and on the behalf of the City of Atascadero, and WHEREAS, the City Manager is hereby authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of- the City of Atascadero. FURTHERMORE, this resolution shall remain in full force and effect unless and until such time as it is amended or rescinded by action of the City Council. On motion by Councilmember , seconded by • Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO ATTEST: By: ALDEN SHIERS, Mayor LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney RESOLUTION NO. 83-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS FOR AND ON BEHALF OF THE CITY OF ATASCADERO WHEREAS, pursuant to Section 14814 of the Government Code and Section 10342 of the Public Contract Code, the City Council for the City of Atascadero does hereby authorize the Office of Procurement, Department of General Services of the State of California to purchase materials, supplies and equipment for and on the behalf of the City of Atascadero, and WHEREAS, the City Manager is hereby authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City, of Atascadero. FURTHERMORE, this resolution shall remain in full force and effect unless and until such time as it is amended or rescinded by action of the City Council. • On motion by Councilmember seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO ATTEST: By: ALDEN SHIERS, Mayor LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney RESOLUTION NO. 48-90 A RESOLUTION OF THE ATASCADERO CITY COUNCIL AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS DURING FISCAL YEAR 1990-91 WHEREAS, pursuant to Section 14814 of the Government Code, the City Council for the City of Atascadero does hereby authorize the Office of Procurement, Department of General Services of the State of California to purchase materials, supplies and equipment for and on the behalf of the City of Atascadero, and FURTHERMORE, the City Manager is hereby authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of Atascadero. On motion by Councilmember Borgeson seconded by Councilmember Mackey , the foregoing resolution is hereby approved on the following roll-call vote: AYES : Councilmembers Lilley, Shiers, Borgeson, Mackey and Mayor Dexter NOES : None • ABSENT: None ADOPTED: 5/8/9C ATTEST: 1 LEE DA :.it Clerk LIN W. DEXTER, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: c MMOO ARF R . M NT N, RICHARD MC HALE, City Attorney Police Chief • REPORT TO CITY COUNCIL Agenda Item: B-9 CITY OF ATASCADERO Through : Ray Windsor , City Manager Meeting Date: 8/27/91 From: Mark Joseph , Administrative Services Director SUBJECT:_ Awarding a bid to Purchase a Photocopier RECOMMENDATION: By motion, staff recommends Council award the bid to purchase a photocopier to Eastman Kodak , for the net price of $14,494 .63. BACKGROUND: The Information Office ( staffed by Volunteers) has been using the IBM Model 60 copier to make copies for various departments . This service saves substantial amounts of clerical time, but the copier it must rely upon is simply worn out . In • fact , it is the same machine that was replaced three years ago by the Mita Copier on the second floor . ANALYSIS• As a result of a competitive bid , staff received a number of proposals, summarized on the attached Bid Summary. After careful review, staff recommends the Ektaprint ( IBM) 255S from Kodak , for the following reasons: 1 . Although the Royal 2070 is slightly less, its maintenance cost is almost one-third higher -- thus, the Kodak machine is actually the least expensive. 2. The Kodak is well known for its reliability and dependability. In fact , Kodak guarantees the machine for seven years. Staff has looked at an identical machine at Atascadero Unified and was very impressed . Servicing of the Ektraprint 225S will be from the same firm that currently services our IBM Model 60. 3 . The machine will meet the City ' s needs for the foreseeable future. We requested a heavy-duty machine capable of handling 100,000 copies a month . The 225S is rated at 2 1 /2 times this amount . In addition, it • offers several optional features , such as a continuous form feeder ( for printouts ) and multiple-color copies. • FISCAL IMPACT: The replacement copier was included in the current year budget with a corresponding increase in our operating appropriations. Rather than an outright purchase, Staff recommends a five-year lease, at $448.81 per month . Current maintenance costs are roughly $400-500 per month . However , we anticipate the new machine will allow us to handle most print jobs in-house which will help reduce operating expenses. a:copier r • BID SUMMARY TO: Cathy Sargent Finance Department FROM: Lee Raboin City Cler BID NO. : 91-9 OPENED : 8/5/91 2:00 p.m. PROJECT: Second Floor Copier The following bids were received and opened today. Seven companies responded with a total of 13 proposals. Although the list ranges from low to high bid, I point out that a variety of copiers have been offered with different warranties and maintenance agreements and careful evaluation by your department is in order to determine which one best fits the City's needs. I note that each bidder provided lease options which have not been made part of this summary. A copy of each bid is attached for your review. Company Name & City Model Purchase Price Other Copy Data Royal 2070 $14,639.63 2% disc fto Maria, CA astman Kodak IBM 225S 21,494.63 trade-in Woodland Hills, CA (7,000. 00) allowance 14,494.63 Chaparral Bus. Machines Ricoh FT7870 16,000.35 + 150.00 Paso Robles, CA delivery Mission Office Konica 7490 17,803.50 Santa Maria, CA Copytron Konica 7490 19,213.38 San Luis Obispo, CA Xerox Xerox 5065 23,766.60 trade-in Woodland Hills, CA (4,200.00) allowance 19,566.60 More Office Systems Canon NP-8530 24,372.56 2/10 disc San Luis Obispo, CA Copytron Minolta EP 8600/ 29,558.10 two San Luis Obispo, CA Riso RC 5600 machines Xerox Xerox 1075 34, 153.76 trade-in land Hills, CA (4,200.00 allowance 29,953.76 *remanu- factured (continued) 2 Bid No. 91-9 - Second Floor Copier 8/6/91 Page 2 • Company Name & City Model Purchase Price Other More Office Systems Canon NP-9800 29,922.75 2/10 disc San Luis Obispo, CA Copytron Minolta EP 0601 30,228.41 two San Luis Obispo, CA Riso RC 5600 machines Xerox Xerox 1090 56,601.19 trade-in Woodland Hills, CA (6,500.00) allowance 50,501.19 Xerox Xerox 5100 86,336.25 trade-in Woodland Hills, CA (6,500.00) allowance 79,836.25 Attachments: 13 bids c: Mark Joseph, Administrative Services Director • • City of Atascadero HID RESPONSE FORM Request for Hid 091-09 FURNISH AND INSTALL OPE HIGH VOLUME COPIER In response to your bid invitation and in accordance with your conditions, and specifications, we agree to furnish, deliver and Install a high volume copier, for the bid price quoted below, ------------------------ I ----------------------1 ea (Brand � Model) Sales Tax -7, S 70 • Le S S 47, Ooo For- ISM bo Trade-%^} R E 0 V C E 5 P a r c lr�s e to 6 , TOTAL sa l 4/ 7 K_ 63 ----OPTION 'Y1 14, g 9 Ll , 6 3 ---------------- 9uant i tY__Uni t__�_Descr int ion __L eas _�_No.of Months Monthly',Cost 1 ea36__ (Brand & Model) OPTION_2� �� 1 ea sS : �g. �� 60 (Brand b Model) D v L L A P, t3 v o V T 1,9A S E _ 00 (WL 110* ' To the CITY PURCHASING AGENT: In compliance with the above invitation for bid, and sub3ect to all the conditions thereof, the undersigned offers, and agrees,. if this bid be accepted within 60 days from the date of the opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered at the point as specified and, unless otherwise specified within fifteen days after receip.V of order. Discount of AILA % will be allowed for payment within 30 days from date of delivery. -Hilder /J ���_ G� �a5#�►� 4� rq SwaASo"- ['PORTANT ZNSCRUCTIONS TO BIDDER Bids must be sealed and By addressed to: (auth4iriAe8 signature) CITY OF ATASCADERO City Clerk Title CPS le 6500 Palma Avenue Address, o C6-^ay& Avc S-;K (03 Atascadero, California 93422 w o c kaA T!:0 5, Bid 091-09,8/6/91,2:00 pax Date: 4 3 (4t MEETING AGEN DATE 8/2-?/ lTEM/, # I • M E M O R A N D U M Date: August 12, 1991 To : Ray Windsor , City Manager From: Mark Joseph , Administrative Services Directo Subject : Customer Relations Training I have reviewed the material that Councilmember Nimmo passed on to you, regarding a Customer Relations Training program for the City of Pismo Beach . I have attached the program ' s basic outline. I spoke to Donna Thomas and Mary Solis, both from Pismo Beach . Both employees were very impressed with Cheri Jaskinski ' s presentation, although Donna cautioned that Management needs to follow through and reinforce the training principles, in order to assure long term success. It appears that Ms. Jaskinski has over 14 years experience working in the public sector , so her examples and perspectives are far more appropriate than other customer relations seminars ( in fact , most advertised seminars tend to be oriented towards improving sales performance, which is not entirely appropriate for us ) . The cost for four , 4-hour sessions was $1 ,400 plus expenses ( lodging , travel , etc . ) . I have contacted her firm, Profit Systems International , and requested a similar proposal for Atascadero . In addition, I have asked Ray Johnson to send us a proposal . Ray performs a variety of management-related services, including training . Furthermore, the City purchased a training package from ICMA, titled "The Citizen as Customer'' . It requires in-house trainers, and it may be a useful component after the initial seminar to provide the reinforcement necessary. With your approval I would like to present our findings to Council and seek their endorsement. I feel staff can find the estimated $2,000 for the program, and if not , the matter could be addressed at the Mid-Year Budget Adjustment . Subsequent to Council ' s approval , we can then make all the necessary arrangements. cc : Alicia Lara a: training PROFIT SYSTEMS ��� /I INTERNATIONAL TRAINING&MANAGEME*IT SYSTEMS 1 5266 HOLLISTER AVE..SUITE 109.SAN?A BARBARA.CA 9311 I 805-%2 8370 • v P RO P O S A L TO C I TY O F P ISMO B EAC H C LJ STOME R RELATIONS TRAINING by CHER I .?ASK I NSK I M . P A . PURPOSE: Increase citizen satisfaction and support for government agencies Look at the role of "Public Servant" from the customer' s point of view To develop a more caring attitude toward citizens To enhance the City'.s image by increasing front line public contact skills Understand the importance of balancing the needs of the public, elected officials, special interest groups and government employees RESULTS: In addition to the above, participants will : Learn the process for developing a Citizen Service Plan Define the public employee 's role from the citizens point of view Acquire techniques for creating a positive first impression Identify and respond appropriately to angry citizens _ Depersonalize attacks from angry citizens thereby reducing stess TRAINING METHODS: In recognizing that people learn from a variety of training methods, this program employs a variety of passive and interactive formats. These include: Mini Lecture Group Interaction Film Full day workshop would also incorporate : Self—Assessment Small Group Discussion Role Play MEE TT8 __L_ G 7 91 AGEND/� DA -11 E_1 .._ ITEM# • M E M O R A N D U M To: Ray Windsor, City Manager From: Arther R. Montandon, City Attorney Subject: Assistant City Attorney Appointment, Mary R. Gayle Date: August 19, 1991 As you may remember, when Burke, Williams & Sorensen was retained in November of 1989, Mr. Don Kircher was designated Assistant City Attorney. Mr. Kircher's substantial duties for other cities have made his active assistance impossible. We have been most fortunate to have the assistance of Mary R. Gayle on a variety of matters. • Due to this history, and because I certainly believe we would all benefit by Ms. Gayle' s continued assistance, R ask that she be appointed Assistant City Attorney. The management at Burke, Williams & Sorensen have, with the City Council' s concurrence, agreed to this appointment. Naturally, her hours would be billed under Atascadero' s retainer. If she is to do "special counsel" work at a higher rate, we will obtain authority, as required by the retainer agreement. ARM:cw • REPORT TO CITY COUNCIL Meeting Date: 8/27/91 CITY OF ATASCADERO Agenda Item: B-12 Through: Ray Windsor, City Manager'�v From: Greg Luke, Director of Public Works 4- SUBJECT: Purchase of two new Dial-A-Ride Buses RECOMMENDATION: Staff recommends that Council award the bid to United Bus Corporation, Bell Gardens, California. DISCUSSION: In July of this year the Department of Public Works solicited bids for the purchase of two new 15 passenger transit buses. Three bids were received as shown on the attached Bid Summary. United • Bus Corporation was the low bid. We currently have two buses in the fleet identical to those bid by United Bus and have had good experience with both. FISCAL IMPACT These buses are to be purchased with UMTA Section 18 grant funds. These funds are an 80% match with the remaining 20% coming from TDA monies. • BID SUMMARY • TO: Greg Luke Public Works Director FROM: Lee Raboin City Clerk BID NO. : 91-11 OPENED : 8/15/91 2:00 p.m. PROJECT: Two Dial-A-Ride Buses The following bids were received and opened today: Bidder Name, Address & Phone Bid Amount *United Bus Corporation $84,567.29 6700 Garfield Avenue Bell Gardens, CA 90201 (213)773-6161 or 927-1377 Metrotrans Corporation 85,998.00 255 O'Dell Road Griffin, GA 30223 • (404)229-4943 Wide One Corporation 91,784. 18 3051 E. LaPalma Avenue Anaheim, CA 92806 (714) 630-7933 *Note: United Bus Corporation also provided an alternate bid for two 1991 buses. See bid form for details. Attachments: 3 bid packets c: Cathy Sargent, Finance • REPORT TO CITY COUNCIL AGENDA ITEM: B-13 CITY OF ATASCADER THROUGH: Ray Windsor, City Manager MEETING DATE:August 27, 1991 FROM: Andrew J. Takata, Director Department of Co munity BID NUMBER,91-12 INTERIOR PAINTING-CITY HALL RECOMMENDATION• Staff recommends the City Council award Bid Number 91-12, in the amount of$14,680.00 for the painting of the interior of the City Administration Building to: Century Painting 16416 W.Palomino Pl.#101 Canyon Country,CA 91351 DLCUSSION- Century Painting was the lowest bid of five (5) bids received. • Staff has reviewed the background and qualifications of Century Painting, and has found them to be excellent. Century Painting has done a number of Department of Motor Vehicle and California Highway Patrol offices. The closest bid from a business in the San Luis Obispo County was approximately $5,190 more than Century. FISCAL IMPACT: Funds sufficient to fund this contract have been allocated for fiscal year 1991/92 Attachments - Bid Summary Bid Proposals Contract • BID SUMMARY 4 TO: Andy Takata Director, Community Services Department FROM: Lee Raboin� City Clerk BID NO. : 91-12 OPENED : 8/14/91 2:00 p.m. PROJECT: Interior Painting - City Hall The following bids were received and opened today: Bidder Name, Address & Phone Bid Amount #Days to Complete Century Painting $14,680.00 20 16416 W. Palomino P1. #101 Canyon Country, CA 91351 ( 805)250-1941 Alex Venetantis Painting 18,000. 00 30 15302 Maryknoll St. Westminster, CA 92683 • ( 714 ) 898-5513 Decor Painting 19, 870.00 20 8421 San Dimas Atascadero, CA 93422 ( 805)466-5014 or 239-9536 Fix Painting 24,700. 00 15 6318 Capricorn Avenue Agoura Hills, CA 91301 ( 818) 597-1608 Mear Construction 41,500. 00 30 8210 Katella Ave. #H Stanton, CA 90680 (714) 898-8638 Attachments: 5 bid packets c: Cathy Sargent, Finance City of Atascadero Request for Bid #91-12 BID SHEET • Interior Painting of Halls, Entrances, and Stairwells of City of Atascadero Administration Building The undersigned proposes to furnish to the City of Atascadero, painting services, in accordance with the attached specifications, and in accordance with the following: Total amount Bid upon review of work site(s) f_' 6 90 Proposed number of days to accomplish work given schedule included in this documentt�_Q9yS _ To the City Purchasing Agent: In compliance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within days from the date of the opening, to furnish all services for which prices are quoted at the location specified. • Date Bidder 's Nam Ad cess e --------- Type of Organization ( Individual, Partnership, Corp. ) a a IMPORTANT INSTRUCTIONS TO BIDDER Bids must be sealed and addressed to: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Bid #91-12, 8/14/91 , 2:00 p.m. City of Atascadero Request for Bid *91-12 PROPOSAL FORM 6. In conformance with the current statutory requirements of Section 1860 et. seq. of the Labor Code of the State of California, the undersigned confirms the following as his of her certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker ' s compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this contract . Now: In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated; the undersigned with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached Bid Sheet upon which award of contract is based. Date -------------- Bidder_ Z� (Corporate Seal ) By ----------- Title ----- ��P .✓- Bidder ' s Post Office Address r Corporation organized under the laws of the State of: --------------------------------- City of Atascadero Request for Bid #91-12 CONTRACTORS LICENSING STATEMENT FORM • The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors. Contractor ' s license classification and number Name of individual contractor (print or type) --------------------------------------------------------------- Business Address: ---------------------------------------------- Business Telephone:____________________________________________ or Name of Firm. �t1� __ �1N.L1� =_ ________________ Business Address: ��ft�__,/� •_ �� iiL _, � �U�LG�d1t/��� i �i - �'��_ a=�- L-------------- -"ice Business Telephone: ________ _ Signature, title, and address of members signing on behalf of partnership • Name: _ - - — _ T i t 1 e: E� � ��y�1r___ Address1l�Il�'�.� u!'L 'o "';"i _ .G'�_ .s't�?«, Zel - Name: Title: Address : or Name of Corporation:________________________________________ Business Address: Corporation organized under the laws of the State of:_______ Signature of President of Corp . S Signature of ecrf Cetary oorp. .r = AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA BOND NO. 001001097 . PREMIUM Premium included in bid bond service BID BOND BID DATE: 8/14/91 KNOW ALL MEN BY THESE PRESENTS, That we, CENTURY PAINTING CO. (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF ATASCADERO (hereinafter called Obligee) in the penal sum of Ten percent ( 10% ) not to exceed Six Thousand and 00/100 Dollars ($ 6,000 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for INTERIOR PAINTING OF THE CITY HALL NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, or, if no period be specified, within sixty (60) days after opening, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 8th DAY OF AUGUST, 1991. STATE OF CALIFORNIA, COUNTY OF Los Angeles ss. August 8, 1991 On before me a Notary Public, within and for the said County and State, personally appeared Ann P. Rosson , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attorney in Fact. eq JA$ UN-A9008(REV.2/90)ft Z14 UN-A3004 12/89 BONE NUMM - POWERNUMBER . _ . NOT JALID FOR.-BONDS-- -59 OR. BDNDS- -59 EXECUTED ON DR- AFTER 7-21-92 This document is printed on multi-colored security paper with black and red ink,with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney.No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS,that Amwest Surety Insurance Company,a California corporation (the "Company"), does hereby make, constitute and appoint: ANN P. ROSSON AS AN ErPLPYEE OF AMWEST SURJTY INSURANCE COMPANY its true an law ul Attorney-in-Fact,with limite power and authority for and on behalf of the Company as surety,, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: bid Bonds up to $**Jo000.000.00 Contract, Court 8 Subdivision Bonds up to $r*1.000.000.00 License 8 Permit Bonds up to $**1.000.000.00 ® MiscetLaneous Bonds up to $**1.000.000.00 Smart Business Administration Guaranteed Bonds up to $**1.250,000.00 F ®� and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the R9R© Company, which are now in full force and effect. 01 4 ®� CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, A DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked ®®® ®®®®and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. Ingo MnnN ®®ng Signed and sealed at Woodland Hills this 8th day of August 19 91 HEgg going AREA 0000088915 — 59 9901® Karen G. Cohen, Secretary NAME Hunga AREA AREA BEAR %man ANNE �I[] C City of Atascadero Request for Bid #91-12 BID SHEET Interior Painting of Halls, Entrances, and Stairwells of City of Atascadero Administration Building ---------------------------------------------------------------- The undersigned proposes to furnish to the City of Atascadero, painting services, in accordance with the attached specifications, and in accordance with the following: Total amount Bid upon review of work site(s) $_/J5.' OrD. pp Proposed number of days to accomplish work given schedule included in this document To the City Purchasing Agent: In compliance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within _�_ days from the date of the opening, to furnish all services for which prices are quoted at the location specified. `�- --- /-------- .AL��___L'�=�'C-Thi✓%��__�'3�i�'T�.�G- • Date Bidder 's Name --------- ---- ST - - ----- ------------ -------- Address Authorized Sig e ------------- Type of Organization ( Individual , Partnership, Corp. ) * IMPORTANT INSTRUCTIONS TO BIDDER * Bids must be sealed and addressed to: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Bid #91-12, 8/14/91 , 2:00 p.m. City of Atascadero Request for Bid *91-12 • PROPOSAL FORM 6. In conformance with the current statutory requirements of Section 1860 et . seq . of the Labor Code of the State of California, the undersigned confirms the following as his of her certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker ' s compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this contract . Now: In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated; the undersigned with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached Bid Sheet upon which award of contract is based . Date _ 6— 9V _- _______ B i d der_AL,6 PTC, (Corporate Seal ) By ----- - ---- Title --Title A e,7� .� Bidder 's Post Office Address l J-3 C)_ __/-11412 Ye—A'PLZ--S-T1zE-e-T Corporation organized under the laws of the State of: --------------------------------- • City of Atascadero Request for Bid #91-12 CONTRACTORS LICENSING STATEMENT FORM • The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors. Contractor ' s license classification and number : C_33__ y.S-J-93y Name of individual contractor (print or type) Z9*AA-1 TiNG- -------------- ---------- Business Address /J-304 f�lf/-'y,C,c'OL(_ / ' ff;o_ C� y��� Business Telephone _C7/"1J____9 _ ______________ or Name of Firm: Business Address: Business Telephone: ___________________________________________ Signature, title, and address of members signing on behalf of partnership : Name: ------------------------- Title ------------- r Address: Name: Title: Address: or Name of Corporation:________________________________________ Business Address: ------------------------------------------- Corporation organized under the laws of the State of: ------------------------------ Signature of President of Corp . 7---------------------------- ignature of Secretary of Corp . INS LTR.ANC= COMPANY HEAD OFFICE.MADISON. WI$Cor4f:IN • BID BO�.ID ?"NOW ALL MEN BY THESE PRESENTS, that we ALEX VENETANTIS PAINTING, 15302 MARYKNOLL ST. , WESTMINSTER, CA 92683 as Principal, hereinafter called the Principal, and the PLANET INSURANCE COMPANY of 1•;::dison, Wisconsin, a corporation duly organized under the laws of the State of Wisconsin, as Surety, Hereinafter called the Surety,are held and firmly bound unto CITY OF ATASCADERO, 6500 PALMA AVE. , ATASCADERO, CA 93422 as Obligee, hereinafter called the Obligee, in the sum of TEN (10%) PERCENT OF THE AMOUNT BID Dollars (S 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 1,'H E R EAS, the Principal has submitted a bid for INTERIOR PAINTING OF ADMINISTRATION BUILDING (1ST, 2ND AND 3RD FLOORS) HALL-WAYS THEREFORE, if the contract be timely awarded to the Principal and the Principal shall such tim:' as specified in the bid, enter into a contra;:t in writing and give bond with good ';11"icient surety, or, in the event of the failure of 'h, Principal to enter into such Contract and • Ic`' tjon:! or bonds; if the Principal s!iall fray to,thc O -iigee, the difference not to exceed the tv "'reof i)etvveen [tie amount specified in said bid and such larger arnount for which the may In good faith contract with another party to perform the work covered by said hid, shall he null and void, otherwise to remain in full force and effect. ',`!DED, HOWEVER, neither Principal nor Suretv shah be hound hereunder unless Obligee is !'�ecuiion of the final Contract shall furnish eviflence satisfactory to Principal and Surety fin;;ncing has been firmly committed to cover the entire cost of the project. and sealed This 14TH day of 1991 . I State of California, 1 SS: County of LOS ANGELES ) On this 14TH day of AUGUST , in the year 1991 before me Notary of Public personally appeared ALLAN J. SAUNDERS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney.In.Fact of PLANET INSURANCE COMPANY, and acknowledged to me that PLANET INSURANCE COMPANY executed the instrument. OFFICIAL SEAL IN . GERALDNi 615" \ ' NOTARY PUBLIC-CALIFWMA LOS COUNTY — MY Ct7N1r1t961ON EXP.EXP.OCT 1 ,1992 My Commission expires 119— �Notarv-Public in an for sai County'� :' BDP•1818 ED.6183 (CALIF.) i J /� PL,AN�T INSURAZ�,�C_._' COMPANY f HEAD OFF-ICE.MADISON,WISCONSIN BID BOND KNOW ALL MEN BY THESE PRESENTS, that we ALEX VENETANTIS PAINTING, 15302 MARYKNOLL ST. , WESTMINSTER, CA 92683 as Principal, hereinafter called the Principal, and the PLANET INSURANCE COMPANY of j 1`4a Bison, Wisconsin, a corporation duly organized under the laws of the State of Wisconsin, as Surety, hereinafter called the Surety,are held and firmly bound unto CITY OF ATASCADERO, 6500 PALMA AVE. , ATASCADERO, CA 93422 ; as Obligee, hereinafter called the Obligee, in the sum of { TEN (10%) PERCENT OF THE AMOUNT BID 10(S Dollars 1, o � for the , payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. I WHEREAS, the Principal has submitted a bid for INTERIOR PAINTING OF ADMINISTRATION BUILDING (1ST, 2ND AND 3RD FLOORS) HALL-WAYS ORE, if the contract be timely awarded to the Principal and the Principal shall ..,,n si.;ch time as specified in the bid, enter into a contract in v,riting and give bond with good uf'.ic is ni surety, or, in the event of the failure of Principal to enter into such Contract and ::;,cl, 5onrl or bonds; if the Principal shall pay ,o rt oil,IIgee the difference not to exceed the • -2reof ;.,etween the amount specified in said bid and such larger ari3OUnt for which the {" ' ,•.e I„ay it good faith contract with another party to perform the work covered by said bid, shall be null and void, other.iise to remain in full force and effect. OvdEVER, neither Principal nor Surety sh,,l! he !)OLind hereunder unless Obligee of the final contract shall fUrnlsn i:videncc s,:tlsf:rCiory to Principal and Stirety has been firmly committed to cover the entire c,)St of the project. Ij Sign-2d and sealed this 14TH day of AUGUST 19 91 l If it It ALEX VENETANTIS PAINTING (1Vitness) (Principal) (Seal) PLANET INSURn\NICE COMPANY A an J. Saunders PI..ANET INSURANCE COMPANY MEAD OFFICE,MADISON,WISCOkSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the PLANET INSURANCE COMPANY,a corporation duly organized under the laws of the State of Wiseomin,does hereby make,constitute and appoint ALLAN J . SAUNDERS of LOS ANGELES , CALIFORNIA --------- In true and lawful Attorney-in-Fact,to nuke,execute,vol and deliver for and on its behalf,end as its act and dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ------- and to bind the PLANET INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and staled and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney Isj.in_Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the BY-Laws of PLANET INSURANCE COMPANY which became effective September 21,1981,which provisions are now in full force and effect,reading as follows: ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power end authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizance&, contracts of indemnity and other writings obligatory in the nature thereof,and (b)to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory • in the nature thereof. 3. Attorneys-in-Fact shalt have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indemnity or other conditional or obligatory undertakings and they shelf also have power and authority to certify the financial statement of the Company and to copies of the BY-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of PLANET INSURANCE COMPANY et a meeting held on the 29th day of March,1982,at which a quorum was present,and said Resolution has not been amended or repealed: -Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile reel shall be valid and binding upon the Company and any such power to executed and certified by facsimile signatures and facsimile seat shell be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to be hereto affixed,this 24th day of August 19 87 PLANET SURANCE MPANY Y Vice President STATE OF Washington COUNTY OF King On this 24th day of August .19 8 7 .personally appeared Lawrence W. C a r l S t r o m to me known to be the Vice-President of the PLANET INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal Or said corporation thereto,and that Article VII,Se ' n/,2,and 3 of the BY-L&ws of said Company,and the Resolution, act forth therein,are still in full force. My Commission aExpires:May 15 •t99Q ashingt Notary Public in and for State of Cf Residing at Tacoma 1, James A. Evans ,Assistant Secretary of the PLANET INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said PLANET INSURANCE COMPANY,which is still in full force and effect. IN WITNESS WHEREOF,I have hcieunto sat my hand and affixed the seal of said Company this 14TH day of AUGUST 19 91 City of Atascadero Request for Bid #91-12 BID SHEET Interior Painting of Halls, Entrances, and Stairwells • of City of Atascadero Administration Building ---------------------------------------------------------------- The undersigned proposes to furnish to the City of Atascadero , painting services, in accordance with the attached specifications, and in accordance with the following: Total amount Bid upon review of work site(s) $ L 87'a Proposed number of days to accomplish work 2 O given schedule included in this document To the City Purchasing Agent: In compliance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within j O___ days from the date of the opening, to furnish all services for which prices are quoted at the location specified. 0--------------------- --- ---------------------------- Date Bidder 's Name ----------------- _J -�� -------------- Address Authorized Si nature fktcT N SSE{t P --------------------- ------------------------------- Type of Organization ( Individual , Partnership, Corp. ) * f IMPORTANT INSTRUCTIONS TO BIDDER Bids must be sealed and addressed to: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Bid (191-12, 8/14/91 , 2:00 p.m. • City of Atascadero Request for Bid #91-12 CONTRACTORS LICENSING STATEMENT FORM • The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors. Contractor ' s license classification and number :G_33 JS 1LOL__ Name of individual contractor (print or type) ----------------------------------------- Business Address:_94�(__SAA)Address:_g -;�--(--S--A-A) -- ---- -� �-----�- --P- Business Telephone:--- Lw_ SO 19 _ - ---------------------------- or Name of Firm: Business Address: S --eLe-!S -------------------------------------- Business Telephone: ------------------------------------------- Signature, title, and address of members signing on behalf of partnership : • Name: -- T i t 1 e: _QW n3 VR. --------- Address: 2,21 _G�gyZAPPC�R_Ct,�� P�So IwBLnS Name ------------------------- Title --- -------------- Address:-------------- -------------------------------------- or Name of Corporation: ---------------------------------------- Business Address: ------------------------------------------- Corporation organized under the laws of the State of:------- -7---------------------------- Signature ______------------------------------ Signature of President of Corp . Signature of Secretary of Corp . • City of Atascadero Request for Bid *91-12 PROPOSAL FORM • 6. In conformance with the current statutory requirements of Section 1860 et . seq . of the Labor Code of the State of California, the undersigned confirms the following as his of her certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker ' s compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this contract . Now: In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated; the undersigned with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached Bid Sheet upon which award of contract is based. �(7 p Date ------------------- Bidder-!? EC f 14-rvi6------- (Corporate Seal ) �. By ------------ T i t 1 e_OWN E�, ------------------- • Bidder ' s Post Office Address Corporation organized under the laws of the State of: --------------------------------- City of Atascadero Request for Bid #91-12 PROPOSAL FORM The undersigned hereby proposes to perform all work for which a contract may be awarded to the undersigned and to furnish any and all labor , services, material , tools, equipment , supplies , transportation, utilities, and all other items and facilities necessary therefor as provided in the Contract Documents, and to do everything required therein to perform painting services for the City of Atascadero , as specifically set forth in documents entitled : Contract Document , Specifications for ' Painting of Halls, Entrances, and Stairwells of City Hall together with all appurtenances thereto , all as set forth in the Contract Documents; and further proposes and agrees that , if the undersigned ' s proposal is accepted , the undersigned will contract in the form and manner stipulated to perform all the work called for in the Contract Documents, and to complete all such work in strict conformity therewith within the time limits set forth therein, and that the undersigned will accept as full payment • therefor the price or prices set forth in the Bid Sheet ( s) forming a part hereof. A "cashier ' s" certified check properly made payable to the city of Atascadero , hereinafter designated as the Ownerc� fob the sum of Q6�1 } 1p N 1NTy �JO�C� QTY�FivFh�o 1 1 ars ( S) L g -- ) , which amount is not less than 10 percent of the total amount of the bid, is attached hereto and is given as a guarantee that the undersigned will execute the agreement and furnish the required bonds and insurance if awarded the contract and , in case of failure to do so within the time provided, the proceeds of said check shall be forfeited to the Owner if applicable, or , the Sureties' liability to the Owner for forfeiture of the face amount of the bond shall be considered as established . • ! CLt• ! '. i ? -i I I 08 +T ii m= m i I i-7 1 � 1 i ± '.ii fl ry 07 y i - - U l n I ru r%j 137 OD 70 ! if Sig:z ± rf 1 LL , m CL I:LT ± p f>} f If I if ! i f'LJ 7f ! it ? II ? it o-••. � j� ,Z7 ! :-(" I 7 i I - ? if .fir i r• i :[, ! M• Q4 C LL cl i ifif j - + I ! 71• IT If CL I (71 f !f f tf ! fL t pr I`Q a7 r City of Atascadero Request for Bid #91-12 BID SHEET Interior Painting of Halls, Entrances, and Stairwells of City of Atascadero Administration Building ---------------------------------------------------------------- The undersigned proposes to furnish to the City of Atascadero , painting services, in accordance with the attached specifications, and in accordance with the following: Total amount Bid upon review of work sites) __ ' Proposed number of days to accomplish work given schedule included in this document • To the City Purchasing Agent: In compliance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within _ __ days from the date of the opening, to furnish all services for which prices are quoted at the location specified. ----------- - --- -- ---------- Date Bidder's Name ------------ Address- Authorized Signature ------------- ---------- ----- Type of Organization ( Individual, Partnership, Corp. ) * +:- IMPORTANT INSTRUCTIONS TO BIDDER Bids must be sealed and addressed to: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 • City of Atascadero Request for Bid #91-12 PROPOSAL FORM 6. In conformance with the current statutory requirements of Section 1860 et . seq . of the Labor Code of the State of California, the undersigned confirms the following as his of her certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker ' s compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this contract . Now: In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated ; the undersigned with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached Bid Sheet upon which award of contract is based . Date ---- Bidders ��_ti�-T---- (Corporate Seal ) --'L --�r- ------------- T i t l e---- - /�. /�--------------- Bidder ' s Post Office Address Corporation organized under the laws of the State of: --------------------------------- I • • Bid #91-12, 8/14/91 , 2:00 p.m. City of Atascadero Request for Bid #91-12 CONTRACTORS LICENSING STATEMENT FORM The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors. Contractor ' s license classification and number : C Name of individual contractor (print or type) ---L^ / Z el----��-,G�_�_L ------------------------ Business Address: Business Telephone: -------------------------------------------- or .,,y,�. _ Name of Firm: y �� �� � � ��----------------------- Business Address: _6_S'% �%��' '�Ct�/2 -111,01,1112-- f , Business Telephone: ----------=--------------------------- Signature, title, and address of members signing on behalf of partnership : Name ------------------------- Title: ------------------- Address:----------------------- ----------------------------- Name:------------------- ---- Title:------------------- Address:---------------------------------------------------- or ------------------- ------ ------------------ or Name of Corporation: ---------------------------------------- Business Address: ------------------------------------------- Corporation organized under the laws of the State of:_______ ------------------------------ Signature of President of Corp . AMERICAN MOTORISTS INSURANCE COMPANY 3SM 690 107 00 BID BOND KNOW ALL MEN BY THESE PRESENTS : THAT WE, FIX PAINTING COMPANY AS PRINCIPAL, AND THE AMERICAN MOTORISTS INSURANCE COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF ILLINOIS , AND AUTHORIZED TO DO BUSINESS IN THE STATE OF CALIFORNIA AS SURETY, ARE HELD AND FIRMLY BOUND UNTO CITY OF ATASCADERO AS OBLIGEE, IN THE SUM OF loo OF THE TOTAL AMOUNT BID NOT TO EXCEED FIVE THOUSAND AND N01100 ( $5 , 000 . 00 ) -------------- DOLLARS , LAWFUL MONEY OF THE UNITED STATES OF AMERICA, TO THE PAYMENT OF WHICH SUM WELL AND TRULY TO BE MADE, THE PRINCIPAL AND SURETY BIND THEMSELVES, THEIR AND EACH OF THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS , JOINTLY AND SEVERALLY BY THESE PRESENTS . THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, IF THE OBLIGEE SHALL MAKE ANY AWARD TO THE PRINCIPAL FOR: BID #91-12,PAINTING OF HALLS , ENTRANCES , AND STAIRWELLS OF CITY HALL BID DATE:AUGUST 14TH, 1991 ACCORDING TO THE TERMS OF THE PROPOSAL OR BID MADE BY THE PRINCIPAL THEREFOR AND THE PRINCIPAL SHALL DULY MADE AND ENTER INTO A CONTRACT WITH THE OBLIGEE IN ACCORDANCE WITH THE TERMS OF SAID PROPOSAL OR BID AND AWARD AND SHALL GIVE BOND FOR THE FAITHFUL PERFORMANCE THEREOF, WITH THE AMERICAN MOTORISTS INSURANCE COMPANY AS SURETY OR WITH OTHER SURETY OR SURETIES APPROVED BY T� OBLIGEE; OR IF THE PRINCIPAL SHALL, IN CASE OF FAILURE SO TO DO, PAY TO TH OBLIGEE THE DAMAGES WHICH THE OBLIGEE MAY SUFFER BY REASON OF SUCH FAILURE NOT EXCEEDING THE PENALTY OF THIS BOND, THEN THIS OBLIGATION SHALL BE NULL AND VOID; OTHERWISE IT SHALL BE AND REMAIN IN FULL FORCE AND EFFECT. FIX PAINTING COMPANY SIGNED, SEALED AND DATED August 13, 1991 BY: AMERI AN MOTOR S AN C Y BY:DAVID Z . NO 11 ATTOR I CT I IJ 1Itl11Jl • Pic cnesJ STATE OF CALIFORNIA, COUNTY OF LOS ANGELES S.S On AUG _u '.t:�g , , before me a Notary Public, within and for the said County and State, personally appeared David Z. Noddle , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the ATTORNEY IN FACT of and for the AMERICAN MOTORISTS INSURANCE COMPANY and acknowledged to me that he subscribed the name of the AMERICAN MOTORISTS INSURANCE COMPANY tbereOto as Surety, and h3 own name as ATTORNEY NOTARY PUBLIC i AMERICAN MOTORISTS INSURANCE COMPANY ems ams Howe Office: Long Grove, IL 60049 POWER OF ATTORNEY ow All Men By These Presents: 4what the American Mo+orists Insurance Company , a corporation organized and eby existing appounder the laws of the State of in Illinois, and having its principal Office 9 nt David Z. Noddle and Willies E. Pitts of Los Angeles California (EACH) in-fct, to its true and lawful agent(s) and attofnthis'poweraand endingmake, execute, andeliver during December 31, 1992unlesssoonerrevokedpfor oand on beginning with the date of issuance its behalf as surety, and as its act and deed: Any and all bonds and undertakingsprovided the amount of no one bond or undertak exceeds ONE HILLION DOLLARS ($1,000,000.00) ** if EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does notlimit the same etforth on to be split into two or more bonds in order to bring each such bond withinthe This appointment may be revoked at any tine by the American Motorists Insurance Company- The execution of such bonds and sneraskings fullyiandpursuance to allthese intentssandspurposes• as ifnthe someupon had been shall bas the said duly American Motorists Insurance Company executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as eing in full force and effect: ^ President, or any Vice President, or their appointees designated in VOTED, That the Chairman of the Board, the writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizonces, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the COIIenY at a meeting duly celled and hold on the 23rd day of February, 1988: , the President, any Vice President, "VOTED, That the signature of the Chairman of the Boardseal Of the their appointees Company, designated in writing and filed with may theaffixed y tar ,fandimilsignature t e on annypowerof Secretary, the attorneyorbond executed pursuant toan d certifications Y ard of Directors on February 23, 1988 and any suchpower to be power so resolution adopted by the Executive Committee of the Bo executed, sealed and certified with respect to any bond or undertaking to which it, is attached, shall co valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 15 day of August , 1990 . AMERICAN MOTORISTS INSURANCE COMPAI Attested and Certified's r';'"• .r s by J.S.KemPer,111,Senior Vice Preside F.C.MoCullough, Secretary (OVER) STATE OF ILLINOIS SS COUNTY OF LAKE • I, Grace E. Condon, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 5-14-94 �AL,&& &A, ftAA&AlA, Grace E. Condon, Notary Public 4 "OFFICIAL SEAL" ► 1 Grace E. Condon ► 4 Notary Public. Stale of Illinois ► My Commission Expires 5114194 ► CERTIFICATION oa I, N. J. Zarada, Secretary of the American Motorists Insurance C pan y, do hereby certify that the attached Power of Attorney dated August 15, 1990 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C. McCullough respectively cCullou who executed the Power of Attorney as Senior Vic • President and Secretary were on the of the execution of the attached Power y of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this AU G 13 1991 day of , 19 N.J.Zarada, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 5-90 1M PRINTED IN U.S.A. Power of Attorney - Tera i t r City of Atascadero Request for Bid #91-12 HID SHEET Interior Painting of Halls, Entrances, and Stairwells of City of Atascadero Administration Building The undersigned proposes to furnish to the City of Atascadero , painting services, in accordance with the attached specifications, and in accordance with the following: Total amount Hid upon review of work site(s) s41 . 500. 00 _ Proposed number of days to accomplish work 30 working days given schedule included in this document ____________ • To the City Purchasing Agent: In compliance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within _U ___ days from the date of the opening, to furnish all services for which prices are quoted at the location specified. AUGUST 13, 1991 MEAR CONSTRUCTION --------------------- -------------------------------- Date Bidder's Name 8210 KATELLA AVE. #H _ Address Authorized Signature STANTON, CA. 90680 INDIVIDUAL Type of Organization ( Individual , Partnership, Corp. ) * IMPORTANT INSTRUCTIONS TO BIDDER Bids must be sealed and addressed to: • City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 City of Atascadero Request for Bid #91-12 PROPOSAL FORM 6. In conformance with the current statutory requirements of Section 1660 et . seq . of the Labor Code of the State of California, the undersigned confirms the following as his of her certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker ' s compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this contract . Now: In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated ; the undersigned with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached Bid Sheet upon which award of contract is based . Date AUGUST 13 , 1991 Bidder-MEAR- CONSTRUCTION -------- ------------------- - ---------------- (Corporate Seal ) Tit 1 e__-QYNF-.........=---------- Bidder ' s Post Office Address 8210 KATELLA AVE. SUITE H --------------------------------- STANTON , CA . 90680 Corporation organized under the laws of the State of: -------------------------------- • r Bid #91-12, B/14/91 , 2:00 p.m. City of Atascadero Request for Bid #91-12 CONTRACTORS LICENSING STATEMENT FORM The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors. Contractor ' s license classification and number : C33 ,C35, C61/D38, C61/DO6 #607980 Name of individual contractor (print or type) MIKE MENDONIS i ---- - --- l!��_ � i-- - ---- -------- ----------------------- Business Address:_EZIQ_KAIELLA_AYE -S-T.AMD-R,_LA._ 9IlfiBII_-------- Business Telephone: ( 714) 898-8638 -------------------------------------------- or FAX (714) 897-2978 Name of Firm: MEAR CONSTRUCTION - ---------------------------------------------- Business Address: Business Telephone: ___________________________________________ Signatu*-e, title, and address of members signing on behalf of partnership : Name: _-- Title: Address: -------- Name:------------------------- Title ------------------- Address : or Name of Corporation: ____________________________ Business Address : ------------------------------------------- Corporation organized under the laws of the State of:_______ ------------------------------ Signature of President of Corp . BOND #159-24-55 f_'Continental InSUCal1Ce� BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A-310 (Feb. 1910 Edition) KNOW Alt MEN BY 111ESE PRESENTS, That wr ��- CONS_T_R_UCTION ' as Principal, hereinafter called the Principal, anti CONTINENTAL INSURANCE COMPANY of BREA rnrlrnratintl duly organized under the laws of the State of NEW HAMPSHIRE , as Surety, hereinafter called the Surety, are held amt firmly hound unto CITY OF ATASCADERO _ , as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID------------------------- Dollars IS 10% OF BID----- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our- selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for INTERIOR PAINTING OF CITY ADMINISTRATION'BUILDING r' NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Oblige in arrnrdanre with the terms of such hid, and give such bond or bonds as may be specifitrl in the bidding or contract documents with gnarl and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the rrwz�rution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall Pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount Int which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Sip,ned and sealed this_..__._ __9TH -- day of AUGUST A. D. 19.__ IIMEAR CONSTRUCTION _ _ _ _ (Seal) State of CALIFORNIA On AUGUST 9, 1991 before me, the undersigned, a SS. Notary Public of said county and state, personally appeared, personally County of ORANGE -- known to'me or proved to me on the basis of satisfactory evidence, MICHAEL A. QUIGLEY , known to me to be the Attorney-in-Fact of CONTINENTAL INSURANCE COMPANY , the Corporation that executed the within instrument, and known to me to C)FFICIAL `-EAI be the person who executed the said instrument on behalf of the Corporation - therein named, and acknowledged to me that such Corporation executed the same. '. h1v NOTAY' UBLIC The Continental Insurance Company GENERAL POWER OF ATTORNEY Know all men by these Presents,That THE CONTINENTAL INSURANCE COMPANY has made,constituted and appointed,and by these presents does make,constitute and appoint Michael. A. Quigley of Riverside, California its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten Million (10,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company un the 13th day of January, 1989: •'RESOIVLD,that the Chairman of the Beard,the Vice Chairman of the Board,the Resident,an Executive Vice President or a Senior Vice President or a Vice President of the l ompany,be,and that each or any of them is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company,bonds,urxlenakmgs and all contracts of wretyship;and that an Assistant Vice Resident,a Secretary or an Assistant Secretary be,and that each or any of them hereby is, altlhorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FUR I I tLR RESOIVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by ta,simile,and any su..h Power of Atturney or eenihcale bearing such facsimile signatures or facsimile seal stall be valid and binding,upon the Company when so affixed aril in the future N all)rc•pcct 10 any bond,unilenakrng or contract of suretyship to which it is attached." in Witness Whereof,TI-1E CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents . til be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 15 day of pecernber ' 1989. Attest: THE CONTINENTAL INSURANCE COMPANY By D.L.Banta,Assistant Vice President '�`••... Emil B.Askew,Vice Resident STATE OF CONNECTICUT COUNTY OF HARTFORD On this ,,day of 19 before me personally came Emil B.Askew,to me known,who being by me duly sworn,did depose and s� that he is Mfte,idem of ME CONTINENTAL INSURANCE COMPANY,the corporation described in and which executed tl to above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it W115 so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. �NOiAAv -- ++++1111* pUBIIG *� �sfi(�,(-QJ /�•% i�-��/t.l�fa� Ems;; GLORIA D.SEE/KINS NOTARY PUBLIC CERTIFICATE My Commission Expires March 31,1993 I, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY,a New Hampshire corporation, DO I It RL B'l CL R 1 If Y that the foregoing alit I alta(heel Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,twt forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, in the State of Connecticut. Dated the 9TH day of AUGUST ,19 91• r —•4 I.Dennis Lane,Assistant Vice Resident I1 ti(_1N(�a315M �l•••••• Printed in U.S.A. City of Atascadero Request for Bid #91-12 NOTICE OF AWARD Dated ---------------------- To Bidder Address ----------------------------------------- Owner ' s Project No . --------------- Contract for : Interior Painting of Halls, Entrance Ways and Stairwells of City of Atascadero Administration Building . You are notified that your Bid , dated ____________________ , 1991 , for the above Contract has been considered . You are the apparent successful bidder and have been awarded a contract for Interior Painting of Halls, Entrance Ways and Stairwells for the City of Atascadero Administration Building . The Contract Price of your contract is _____________ Dollars, ( ) . i You must comply with the following condition precedent within ten working days of the date of this Notice of Award, that is by _ ---------------- 1991 . You must deliver to the City three fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover . Failure to comply with this condition within the time specified will entitle Owner to consider your bid abandoned , to annul this Notice of Award and to declare your Bid Security forfeited. Within ten days after you have complied with the afore mentioned condition(s) , Owner will return to you one fully signed counterpart of the Agreement with the Contract Documents attached . City of Atascadero ATTEST: ------------------------------ Alden F. Shiers, Mayor ------------------------------ Lee Raboin, City Clerk • City of Atascadero Request for Bid #91-12 NOTICE TO PROCEED Dated ------------------------- To : Bidder Address: ------------------------------ ------------------------------ Owner ' s Contract No . Contract For : Interior Painting of Halls, Entrance Ways and Stairwells of City of Atascadero Administration Building . You are notified that the contract Time under the above contract will commence to run on --, 1991 . By that ----------------------- date, you are to start performing your obligations under the • contract Documents. In accordance with the Agreement the dates of Substantial Completion and Final Completion are -------------- ----------------------------------------- 1991 respectively. Before you may start any Work at the site, the General Conditions provides that you must first deliver to the Department of Community Services certificates of insurance which you are required to purchase and maintain in accordance with the contract documents. Also , before you may start any work at the site, you must ---------------------------------------------------------------- ---------------------------------------------------------------- ----------------------------------------------------------------- ------------------------------ Andrew Takata Director of Community Services City of Atascadero Request for Bid #91-12 AGREEMENT FOR SERVICES OF CONTRACTOR This agreement is made upon the date of execution as set forth below, by and between ---_-_---� ------------------------- hereinafter referred to as "Contractor" , and the City of Atascadero , California, a Municipal Corporation, hereinafter referred to as "City" . The parties hereto , in consideration or 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 C_O_M_P_ENSA_T_ION: In consideration for the services to be performed by Contractor , City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B" , hereby incorporated herein. 2.00 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner . Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor ' s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City ' s business. 2.02 TOOLS_AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement . r City of Atascadero Request for Hid #91-12 AGREEMENT FOR SERVICES OF CONTRACTOR 2.00 OBLIGATIONS_OF_CONTRACTOR (continued ) 2.03 WORKER ' S COMPENSATION_ _AND_OTHER__EMPLOYEEBENEFITS: 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 worker ' s compensation and other employee benefits. If any worker insurance protection is desired , Contractor agrees to provide worker ' s compensation and other employee benefits, where required by law, for Contractor ' s employees and agents. 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 Contractor ' s employees or agents. 2.04 INDEMNIFICATION: Contractor hereby agrees to , and shall , hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend • the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor ' s or any of Contractor ' s employees ' or agents ' operations or by any one or more persons directly or indirectly employed by, or acting as agent for , Contractor ; provided as follows: a. That the City does not , and shall not , waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement , because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described . b . That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered , by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.05 IN_SURAN_CE: Contractor shall not commence work under this contract until she/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier : City of Atascadero Request for Bid *91-12 AGREEMENT FOR SERVICES OF CONTRACTOR 2.00 OBLIGATIONS_OF CONTRACTOR (continued ) a. _Public_Liability_and_Property_Damage_Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents, and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death , as well as from claims for property damage which may arise from Contract , whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor , and the amounts of such insurance shall be as follows: ( 1 ) Public_Liability_Insurance: In an amount not less than $1 ,000,000 for injuries, 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 $500,000 on account of any one occurrence; • (2) _P_roperty_Damage_Insurance: In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comerehensiv_e_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 $500,000 for each accident . (4) Worker ' s_Co_mpensation_Insurance: In the amounts required by law as set forth in Section 2.03 above. b PROOF_OFINSURANCE: 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 this contract . The certificate of policy of liability insurance shall name City as an additional insured with the Contractor . • City of Atascadero Request for Bid #91-12 AGREEMENT FOR SERVICES OF CONTRACTOR 3.00 OBLIGATIONS-OF CITY 3.01 COOPERATION_: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor ' s duties under this agreement . 4.00 TERMINATION-OF-AGREEMENT - -- --- - -- ---- - -- 4.01 T_ermin_at_ionon___N_otice: Notwithstanding any other provision of this agreement , any party hereto may terminate this agreement , at any time, without cause by giving at least 30 days prior written notice to the other parties to this agreement . 4.02 Termination on-Occurrence of Stated Events: This --------------- ----------------------------- agreement shall terminate automatically on the occurrence of any of the following events: ( 1 ) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; • (3) Death of any party; (4) The end of the thirty (30) days as set forth in Section 4.01 ; (5) End of the contract to which Contractor ' s services were necessary; or (b) Assignment of this agreement by Contractor without the consent of the City. 4.03 Termination_by__ACy_Party__for_Default of Contract : Should any party default in the performance of this agreement or materially breach of any of its provisions, a nonbreaching party, at their option, may terminate this agreement , immediately, by giving written notice of termination to the breaching party. 4.04 _Termination: The City, with the agreement of Contractor , is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement . Any such extension shall be in writing and be an amendment to this Agreement . 5.00 SPECIAL PROVISIONS: ---- ------------- 5.01 Licensing: The Contractor shall possess a State of California Class C-33 Painting and Decorating Contractor ' s license at the time this contract is awarded . City of Atascadero Request for Bid #91-12 AGREEMENT FOR SERVICES OF CONTRACTOR 5.00 SPECIAL_PROVISIONS: (continued ) 5.02 Prev_ailing__Wagg__Rate: Pursuant to Section 1770, et .seq . of the Labor Code of the State of California, the Director of Industrial Relations of the State of California has ascertained the general prevailing rate of hourly wages and rates for legal holidays and overtime work in the locality where this work is to be performed for each craft or type of worker or mechanic needed to execute the contract which will be awarded to the successful bidder . The prevailing rates are on file in the City Clerk ' s office in Atascadero , California, and are available to any interested party upon request . It shall be mandatory upon the contractor to whom the contract is awarded , and upon any subcontractor under the contractor , to pay not less than the said specified rates to all laborers, workers, and mechanics employed by them in the execution of the contract . 6.00 MISCELLANEOUS 6.00 Remedies: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with , and in addition to , all remedies now or hereafter allowed by law or equity. 6.01 No_Waiv_er : The waiver of any breach by any party of any provision of- this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement . 6.02 Assignment : This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether by voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 6.03 Attornev_Fees: In the event of any controversy, claim or dispute between the parties hereto , arising out of or relating to this agreement , or the breach thereof, the prevailing party shall be entitled , in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. City of Atascadero • Request for Bid #91-12 AGREEMENT FOR SERVICES OF CONTRACTOR 6.00 MISCELLANEOUS (continued ) 6.04 Time-for--Performance: The Contractor shall commence work pursuant to this contract within 7 calendar days from the date specified , and shall diligently prosecute the same to completion within 20 work days from the date of commencement as specified . Failure of Contractor to complete the work within the time allowed will result in damages being sustained by the City of Atascadero . Such damages are and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for the completion of the work the Contractor shall pay to the City of Atascadero or have withheld from monies due it , the sum of $250.00 unless otherwise provided in the contract . Except as otherwise expressly provided for in this agreement , should the performance of any act required by this agreement to be performed by either party be prevented or delayed by any act of God , strike, lockout , labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act , the time for performance of the act will be extended for a period of time equivalent to the period of delay will be excused ; provided , however , that nothing contained in this Section shall exclude the prompt payment by either 'party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act . 6.05 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail , first-class postage prepaid to the following address for each respective party: City of Atascadero Request for Bid #91-12 • AGREEMENT FOR SERVICES OF CONTRACTOR 6 .00 MISCELLANEOUS (continued ) 6.05 Notices (continued ) City of Atascadero Department of Community Services 6500 Palma Avenue Atascadero , CA 93422 -------------------- -------------------- -------------------- -------------------- 6.06 Gov_ w erninq_La : 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. 6.07 B_in_din_q_Effect : This agreement shall be binding on and shall insure to the benefit of the heirs, executors 'is administrators, successors and assignees 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 . 6.08 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking 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 rule. 6.09 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 set 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 . 6. 10 Time: Time is expressly declared to be of the essence of this agreement . r City of Atascadero Request for Bid #91-12 AGREEMENT FOR SERVICES OF CONTRACTOR 6.00 MISCELLANEOUS (continued ) 6. 11 Due-Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so no and in behalf of the parties. 6. 12 Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto . The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6. 13 Amendments: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement . Executed on ----------------------------- 1991 , at Atascadero , • California. ------------------------- Andrew Takata Director of Community Svc . ------------------------- Contractor Approved As To Form: Arther Montandon, City Attorney • City of Atascadero Request for Bid #91-12 AGREEMENT For The Interior Painting Of Halls, Entrance Ways And Stairwells This agreement is made and entered into this ----- day of ...... 1991 , at Atascadero , California, by and between the City of Atascadero , hereinafter referred to as the "City" , and ---_---_-_ _________________________ hereinafter referred to as the "Contractor" . Whereas, the Contractor , as will appear by reference to the records of the Proceedings of the City, was duly awarded the contract for the Work hereinafter mentioned . Now, therefore, it is hereby agreed that : Article 1 - Witnesseth , that for and in consideration of the payment and agreements hereinafter mentioned , to be made and performed by said City, said Contractor agrees with said City, at its own cost and expense, to do all the work and furnish all materials necessary to construct and complete in good , workmanlike and substantial manner the above-described work in accordance with the Contract Document as listed herein and are by• such reference made a part hereof. Article 2 - The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid , and hereby contracts to pay the same at the time, in the manner , and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators. Article 3 - The said Contractor agrees to receive and accept the price stated in the following Bid Sheet as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement ; also for all loss or damage arising out of the nature of the work aforesaid , or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work ; and for well and faithfully completing the Work , and the whole thereof in the manner and according to their requirements of the Contract Documents. City of Atascadero Request for Bid #91-12 • AGREEMENT (continued ) For The Interior Painting Of Halls, Entrance Ways And Stairwells Article 4 It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the Notice Inviting Bids, Instructions to Bidders, contract Proposal and Bid Sheet , k Contractor ' s Licensing Statement , List of Subcontractors , Bid Bond , Agreement, Worker ' s Compensation Certificate, Non- Collusion Affidavit , and Notice of Award . Article 5 - The Contractor agrees to commence work pursuant to this Contract within 7 calendar days from the date specified in the Notice of Award , and to diligently prosecute the same to completion within 20 working days from the date of commencement . In Witness whereof, the parties to these present hereunto set their hands on the date first above written. City of Atascadero ATTEST: By-----------------=----------- • Alden F. Shiers, Mayor Lee Raboin, City Clerk Contractor Approved as to form: By----------------------------- ---------------------- Arther M. Montandon City Attorney Typed or Printed Signature Title ------------------------ • REPORT TO CITY COUNCIL CITY OF ATASCADERO AGENDA ITEM: C-1 Through: Ray Windsor, City Manager Mtg. Date: 8/27/91 From: Henry Engen, Community Dev. Directo^ile No: RA 01-91 SUBJECT: Request to abandon a portion of the Curbaril Avenue right-of-way at 9325 Curbaril Avenue (Kelly Gearhart/Sierra Pacific Engineering) . STAFF RECOMMENDATION: Approval of Road Abandonment as reflected in draft Resolution contained in staff report to Planning Commission (amended to revise subsequent recommendation of the Planning Commission) . PLANNING COMMISSION RECOMMENDATION: Denial of Road Abandonment 01-91. • COMMUNITY DEVELOPMENT DIRECTOR'S RECOMMENDATION: Approval of Resolution No. 85-91 approving the road abandonment subject to merging of the benefiting lots (#24 and #25) . BACKGROUND: On August 6, 1991, the Planning Commission conducted a public hearing on the above-referenced subject. After considerable discussion and debate, the Commission, on a 5: 2 vote, recommended denial of the road abandonment based on their discussions contained in the attached minutes excerpt. The Commission was concerned about abandoning the street prema- turely in view of the pending development of the Circulation Element together with the creation of an additional marginal building site. ANALYSIS: Curbaril Avenue presently has a 50 foot right-of-way and the abandonment would be conditioned on leaving 25 foot to the centerline of said right-of-way. Hence, abandonment of this road would provide for a consistent right-of-way for the full length of Curbaril and not prejudice long-range improvements possible within • that right-of-way. The City Engineer has submitted a memorandum reflecting his confidence that right-of-way is sufficient to meet any forseeable widening of the road. • A more problematic issue has been raised with regard to the proposed lot line adjustment to create an additional building site. Currently, there is a house straddling the line between Lots 24 and 25. Lot 24 has an existing size of 8, 325 square feet, and Lot 25 contains 4, 875 square feet. The areas that could result from abandoning the right-of-way would be 9, 675 square feet for parcel 24 and 5,300 square feet for parcel 25. As reflected in the discussion before the Planning Commission, the County' s policy in these types of matters was to let people build astride lot lines without having to merge the lots and thereby accomplishing a defacto lot merger without the paperwork of merging lots. The zoning in this area is RSF-Y which requires one acre minimum lot size with sewer service, and one and one-half acres minimum lot size with septic. There is no sewer service in the area; hence, to approve the abandonment would invite a lot line adjustment which would further invite a building permit on an unencumbered 5, 300 square foot lot which would have to sustain its own septic system, building site, and 100% expansion area for the septic system. To preclude creating such a substandard building site, it is recommended that Resolution No. 85-91 condition the abandonment on the merging of Lots 24 and 25. • HE:ps cc: Kelly Gearhart Attachments: Staff Report - August 6, 1991 Minutes Excerpt - August 6, 1991 Public Works -Director Memo - August 20, 1991 Resolution 85-91 (Community Development Director' s alternative) • • CITY OF ATASCADERO Item: B-1 STAFF REPORT FOR: Planning Commission Meeting Date: August 6, 1991 BY:-VD_Doug Davidson, Senior Planner File No: RA 01-91 SUBJECT: Consideration of a request to abandon a portion of the Curbaril Ave. right-of-way. RECOMENDATION: Staff recommends that the Planning Commission make the Findings in Attachment D and recommend to the City Council that the right- of-way be abandoned per the Draft Resolution in Attachment E. SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .Kell Gearhart PP y a t 2 . Representative. . . . . . . . . . . . . . .Sierra Pacific Engineering 3 . Project Address . . . . . . . . . . . . . . 9325 Curbaril Ave. 4 . Site Area. . . . . . . . . . . . . . . . . . . . 4, 000 square feet 5 . Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y 6 . General Plan Designation. . . . .Residential Single Family 7 . Existing Use. . . . . . . . . . . . . . . . .Single Family Residential 8 . Environmental Status . . . . . . . . .Categorically Exempt (Class 1) ANALYSIS• The applicant is proposing the abandonment of a small portion of the Curbaril Ave . right-of-way located at 9325 Curbaril Ave . This portion of Curbaril Ave. is 4, 000 square feet in size and is currently unused for street purposes . Two separate single family residential parcels lie adjacent to the proposed abandonment, one of which is vacant, the other developed with a single family residence. Upon abandonment of the right-of-way, the applicant wishes to file a Lot Line Adjustment . The adjustment would • remove the existing lot line which bisects the residence and provide clear title to both parcels . With the adjacent right-of- way abandoned, the Lot Line Adjustment will not result in existing nonconforming lots becoming smaller. The application has received favorable responses from the other City agencies, as well as the public utility companies. The Public Works Department has determined that the right-of-way is not needed for future circulation. A street section of 25 feet from centerline of the existing road is to be retained by the City for future road purposes . Likewise, the abandonment will not be a barrier to the existing or future provision of utilities . Any specific request for a public utility reservation will be incorporated into the Resolution prior to its recording. Road abandonments are accomplished by resolution of the City Council . The procedure is governed by the Street and Highways Code, under which the Planning Commission must make the following two findings : 1 . That the abandonment is in conformance with the City' s General Plan. 2 . That the right-of-way is unsuited as a non-motorized . transportation facility, i .e. primarily for the use of pedestrians, bicyclists, or equestrians . Staff believes that these Findings can be made. The abandonment will not diminish any Circulation goal of the City, particularly since adequate street right-of-way will be reserved. Curbaril Ave . as constructed provides a sufficient level of service in the area. In addition, this short stretch of right-of-way is not a necessary link in any future walkway or bike path. Under the Street and Highways Code this application qualifies as a Summary Vacation (short form) , as opposed to the General (long form) procedure. If road construction has not occurred within the right-of-way and provision of utilities is not impacted, a Summary procedure is the proper course . This does not require the preparation of a separate notice of intent to abandon. When a right-of-way is abandoned, one-half of the right-of-way reverts to each of the adjacent property owners . Each half section of right-of-way is then merged with its adjacent lot . In this particular case, the proposed Lot Line Adjustment accomplishes the merger, as well the adjustment of property lines . • CONCLUSIONS: This small section of the Curbaril Ave right-of-way is not necessary for existing or future road purposes . Curbaril Ave. as constructed provides sufficient circulation in the area. Adequate provision for public utilities and future road purposes will be retained by the City to serve future commercial development . ATTACHMENTS : Attachment A - Location and Zoning Map Attachment B - General Plan Land Use Map Attachment C - Proposed Abandonment Attachment D - Findings for Approval Attachment E - Draft Resolution ATTACHMENT A CI ZONING MAP OF ATASCADERO C O M M U N I T Y DEVELOPMENT ROAD ABANDONMENT 0110 DEPARTMENT I / / \ Rodv 0 S TF— Co� --�_ey i �l WWI( ( SONA♦ z�� •t�4�4' �.., �♦V Q •yob 1 ' r _ ► i �. i _ RS F * I I h �I, fBA►lCA , \ • J� ' RM F. — { (FH) f SSAAW I ��� C t �\ �r ATTACHMENT B CITY OF ATASCADERO GENERAL PLAN MAP c�• �`' ROAD ABANDONMENT 01-91 COMMUNITY DEVELOPMENT — DEPARTMENT l . ` r10tltr RyO �\` �►G1 Nr�h G a • ;• o ss Y • • � lUppA� � � �/' •• 10 • � � • \_40 iTF— o� PUB .L I C • i W ,vE . •• • , RECREa' muLTr — LOW ����`• • , i DENSITY ' 5 MULTI•FA WtY ATTACHMENT C � CITY JI •�•J_• ` OF ATASCADERO PROPOSED ABANDONMENT� - _ - ROAD ABANDONMENT 01-91 � a COMMUNITY DEVELOPMENT DEPARTMENT 19 Lot t3 r AAN I.+wi sort / a.acR Avsi,rANr,• GNI/�M.M ♦IruclR.e u ar.n re•c sf- w(�nw iwx AW /Ir llf.11�M�I/1•/.M(Ir(I�/ r.n♦ .. �r f.Gn r r.r T • • Attachment D - Findings for Approval Road Abandonment 01-91 Portion of Curbaril Ave. (9325 Curbaril Ave. ) (Gearhart/Sierra Pacific Engineering) ENVIRONIZNTAL FINDING: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (Class 1) . PROJECT FINDINGS• 1 . The proposed abandonment is consistent with the General Plan. 2 . The right-of-way is not suited for development as a non- motorized transportation facility, i .e. primarily for the use of pedestrians, bicyclists, or equestrians . 3 . The right-of-way is not necessary for future road purposes • of public access or safety. 4 . The proposed abandonment will not adversely affect the provision of any existing or future utilities . ATTACHMENT E RESOLUTION NO. RESOLUTION NO. • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SU194ARILY VACATING A PORTION OF A ROAD PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION; 8333 (BEING A PORTION OF THE CURBARIL AVENUE RIGHT-OF-WAY) (GEARHART) WHEREAS, Streets and Highways Code 8330 permits summary vacation of a street or highway by adoption of a summary vacation; and WHEREAS, a portion of the Curbaril Avenue right-of-way, as shown on the attached Exhibit, has been determined to be actually superceded by relocation and has been impassable for vehicular travel for at least five consecutive years and no public money was expended for its maintenance during that time; and WHEREAS, the vacation of a portion of the Curbaril Avenue 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, pursuant to Government Code 65402, the City Planning Commission has recommended to the Council its finding that vacation of a portion of the Curbaril Avenue right-of-way is in conformance with the City' s Genral Plan; and WHEREAS, pursuant to Streets and Highways Code 2381, the City Planning Commission has recommended to the Council its finding that this portion of the Curbaril Avenue 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 City Council of the City of Atascadero, California, hereby resolves as follows: 1. Based upon the above findings, the Council now finds and declares the above-described road right-of-way to be unuseable as a non-motorized transportation facility, or that adequate easements have been retained for such purposes. 2. Based upon the above findings, the Council now finds and declares the proposed vacation of this road right-of-way to be in conformance with the City' s General Plan. 3. The Council now summarily vacates, pursuant to streets and Highways Code, Part 3, Chapter 4, a portion of the Curbaril Avenue right-of-way as shown on attached Exhibits subject to the following conditions of approval: ATTACHMENT E (cont. ) • Resolution olution No. Page Two (a) 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. (b) Lot mergers shall be completed prior to or simultaneously to the recording of the abandonment resolution. The proposed lot line adjustment will also satisfy this requirement - it shall record simultaneously with or subsequent to the recording of the abandonment resolution. (c) Property owner shall obtain a fee title to that portion of the Curbaril Avenue right-of-way. (d) A street width of 25 feet from centerline of the existing road shall be retained on behalf of the City of Atascadero for public road purposes. • (e) All conditions of approval must be completed prior to our simultaneously to the recording of the abandonment reso- lution. The required legal descriptions and documents are hereby made a part of this resolution. 4. That from and after the date this resolution is recorded with the County Recorder, the road right-of-way shown on the attached Exhibit shall no longer be or constitute a street or highway. 5. The City Clerk shall cause a certified copy of this Resolution of Summary Vacation, attested by him/her under seal, to be recorded without acknowledgement, certificate of acknowledge- ment, or further proof in the office of the County Recorder. On motion by Councilperson and seconded by Coun- cilperson the motion_ was approved by the following roll call vote: AYES: NOES: ABSENT: • ADOPTED: ATTACHMENT E (cont. ) Resolution No. Page Three ATTEST: CITY OF ATASCADERO BY: LEE RABOIN, City Clerk ALDEN SHIERS, Mayor APPROVED AS TO FORM: ART MONTANDON, City Attorney APPROVED AS TO CONTENT: HENRY ENGEN, Community Development Director • EXHIBIT A A CI_TY OF ATASCADERO RESOLUTION NO. _ COMMUNITY DEVELOPMENT DEPARTMENT auu•nr `r sz twry r r...... PAR=2 L or:. 1 y w�iti t r � 26 4 \\ PAWa / d r �....... r Of A r � +wr.rur�rr Ir rrrz� LPx� OWW)t urEXAAM, �� + Ar 4W- / Immme Alms L..•irw r.+rwwrr w u.n I � MINUTES EXCERPT - PC 8/6/91 4. Consideration of a time extension for T a • tive Parcel Map 04-89 at 7445 Cortez Avenue Frederick Larson (Cuesta Engineering) It was noted that Item A- as not ready for consideration. MOTION: By C ssioner Lochridge, seconded by Commissioner ge and carried 7: 0 to approve Items A-1, A-3, and A-4 of the Consent Calendar. B. HEARINGS, APPEARANCES AND REPORTS 1. ROAD ABANDONMENT 01-91: Application filed by Kelly Gearhart (Sierra Pacific Engineering) to abandon a portion of the Curbaril Avenue right-of-way. Subject site is located at 9325 Curbaril Avenue. Doug Davidson presented the staff report on this request and referenced a lot line adjustment in conjunction with the road abandonment which would remove an existing lot line and would provide clear title to both parcels. Staff is recommending approval of the application. Commission questions and discussion followed. Commissioner Johnson commented that major arterials (of which Curbaril is one) have an ultimate build-out of 4 lanes, and questioned the wisdom of reducing this portion of Curbaril as Curbaril is one of the main connectors between El Camino Real and Highway 41 . Mr. DeCamp responded that four lanes are not proposed in this area. Commissioner Highland stated that one needs to recognize the reality that between Valle and Santa Ynez , it is highly unlikely that that section of Curbaril will ever go to four lanes because of the topographical restrictions and major construction difficulties one would have in making this area four lanes. Chairperson Luna asked if it would not be more prudent to wait until the new Circulation Element is in place. In response to query by Chairperson Luna concerning the status of the Circulation Element, Mr. DeCamp replied that the City has contracted with a local consulting firm to help develop a scope of work and are in the beginning stage at this point. He added that the Public Works Director has reviewed this application and did not have a problem with the- abandonment. MINUTES EXCERPT - PC 8/6/91 Commissioner Waage expressed concern that if the Highway 41 realignment does not go through, then we are giving up any chance of ever having a halfway decent road out there. As well, if the abandonment is approved, only 9 feet of road would be left for a route to school program. Discussion followed relative to development constraints if the lot line adjustment was processed through the variance method. - Public Testimony - Kelly Gearhart, applicant, spoke in support of the road abandonment and pointed out an approved subdivision toward the east (just before the railroad tracks) which required improving the road 25 feet from the centerline. He pointed out that there are only three small sections that would widen Curbaril in this area as a result of development. Mr. Gearhart then responded to questions from the Commission. Mike Goodwin, Cortez Avenue resident, spoke to technical problems he has observed which pertain to the applicant' s acquiring title to the road right-of-way. He emphasized that there is a lot of truck traffic that uses Curbaril and while • the road is adequate for its existing use, it is narrow and probably unsafe for pedestrian and bicyclists and should be widened. Mr. Goodwin noted his objection to the 5, 000 square foot lot which would result from approval of the road abandonment and lot line adjustment. - End of Public Testimony - In response to query by. Chairperson Luna, Mr. DeCamp explained the options available to the Commission in making a recommendation to the Council (approval as presented by applicant; approval with modified boundary line; findings for denial until Circulation Element is completed, etc) . He noted that if the abandonment is denied, the applicant would have the right to apply for a lot line adjustment utilizing the variance procedures. Mr. DeCamp further noted that it was common practice under County jurisdiction to issue issue building permits for construction on property lines with the understanding that that property line would be abandoned and the lots merged. Lacking any paper trail and recorded documents for this site, it would appear that there are technically two legal lots, as verified by the title report. Commissioner Lochridge asked for clarification on the right- of-way as it exists to the north and south of the subject site, and asked if the City has given up any road development rights. Mr. DeCamp responded that the Colony right-of-way for Curbaril is 50 feet (25 f5 from centerline) from E1 Camino MINUTES EXCERPT - PC 8/16/91 r Real to this point. If the City determined that additional right-of-way would be needed for road widening purposes, or sidewalks, it would have the right through emminent domain to condemn that property and take the additional right-of-way that would be necessary. Commissioner Hanauer commented that after listening to the discussion, he saw no reason not to recommend approval of the application. Chairperson Luna countered that the Commission is essentially being asked to abandon a right-of-way that perhaps might be used in the future. The hesitation the Planning Comission has is that it may not be worth the effort. The lot is marginal to begin with and most of the lots in the area are 10,000 square feet. Discussion followed. Commissioner Johnson said that he is reluctant to approve the abandonment in light of uncertain plans as to what will happen with the Highway 41 realignment. If it does not go through, Curbaril will remain a major arterial and, forseeably in the future, will have to be widened to accommodate the traffic, trucks, etc. MOTION: By Commissioner Highland and seconded by Commis- • sioner Hanauer to recommend to the City Council approval of Road Abandonment 01-91 per the draft resolution contained in Attachment E. The motion was defeated with the following roll call: AYES: Commissioners Highland and Hanauer NOES: Commissioners Johnson, Rudlac, Waage, Loch- ridge and Chairperson Luna Chairperson Luna summarized that the general consensus appears to be uncertainty with what the future may hold relative to the Highway 41 realignment, Circulation Element, etc. MOTION: By Commissioner Johnson and seconded by Chairperson Luna to deny Road Abandonment 01-91 based on the reasons stated by the Commission (testimony) . Commissioner Highland stated that common sense dictates that it is absolutely ridiculous to retain a 20 foot, 200 foot long portion of a right-of-way when that is the only section in a 2 mile stretch that is not limited to a 25 foot right-of-way. The motion carried 5:2 with the following roll call: AYES: Commissioners Johnson, Lochridge, Waage, Johnson, and Chairperson Luna MINUTES EXCERPT - PC 8/6/91 • NOES: COs issioners Highland and Hanauer 2. TENTATIVE TRACT MAP 08-91: Application filed by Golden West Development (Ri and Mitsuoka, agent) for a commercial condominium p oject consisting of six airspace units for professional/ edical office use. Subject site is located at 7605 Mo o Road. Mr. Davidson presented the staff report on this re est noting that the project was initially approved under Pr cise Plan 73-90 and is currently under construction. St ff is recom- mending approval subject to seven conditions. Commission discussion and questions followe . Commissioner Johnson referenced Mrs. McFad en's remarks (under public comment) noting there is a 6 f of solid wall which abuts residential uses, and asked if st f has determined this screening adequate for the residentia privacy. Mr. Davidson explained Zoning Ordin ce provisions with regard to rear setbacks, fencing requi ements, etc. Mr. DeCamp • pointed out that determination s made that the project as approved through the building permit meets all applicable provisions of the Zoning Ordi nce. Commissioner Johnson stat d that in his opinion, Mrs. McFadden' s/agent cy is bein invaded by the project. Chairpersomused that Finding #3 (Exhibit F) which states thastabl ' hment and subsequent operation of the project wibe trimental or injurious to property or improvemenhe eighborhood may be a case that could be made by Mrd n. Discussioned concerning the appropriateness of a type of tree scbetween the two uses. - Public Ty - Richard Mi agent for the applicant, clarified that the six foot �(ide fencing was measured from the higher side of the property/. In re4onse to query by Commissioner Waage, Mr. Mitsuoka noted that the the project landscape architect has been working with th residential property owners in an effort to provide a, quate screening from the rear residential properties. Mr. itsuoka added that the building was designed to be /residential in nature so as not to be a massive wall to the / west of the property. Discussion continued. MEMORANDUM • TO: City Council VIA: Ray Windsor FROM: Greg Luke SUBJ: Gearhart - Vacation of Road Easement DATE: August 20, 1991 Kelly Gearhart is requesting that road right-of-way be vacated and attached to his lots. I have reviewed the matter from an engineering perspective and have determined that a 25 foot half- width right of way is sufficient to meet any foreseeable widening of the road. With a total of 50 foot right-of-way, two 12 foot travel lanes can be constructed, plus a bike lane and a walkway on both sides. At present the City has no plans to build this level of improvement. Much of the future improvements on Curbaril hinge on the fate of Highway 41 extension now under study. In any event, I cannot foresee of any need for right-of-way beyond 50 feet. In fact this is the right- of- way width on both sides of the Gearhart property. The large right- of- way is a remnant of an intersection with Cortez that has lost any possibility of future construction. Consequently it is my recommendation that Mr. Gearhart be deeded the extra right-of-way. RESOLUTION NO. 85-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUMMARILY VACATING A PORTION OF A ROAD PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION; 8333 (BEING A PORTION OF THE CURBARIL AVENUE RIGHT-OF-WAY) (GEARHART) WHEREAS, Streets and Highways Code 8330 permits summary vacation of a street or highway by adoption of a summary vacation; and WHEREAS, a portion of the Curbaril Avenue right-of-way, as shown on the attached Exhibit, has been determined to be actually superceded by relocation and has been impassable for vehicular travel for at least five consecutive years and no public money was expended for its maintenance during that time; and WHEREAS, the vacation of a portion of the Curbaril Avenue 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, pursuant to Government Code 65402, the City Planning Commission has reported to the Council its recommendation on vacation of a portion of the Curbaril Avenue right-of-way as to conformance with the City' s General Plan; and WHEREAS, pursuant to Streets and Highways Code 2381, the City Planning Commission has reported to the Council its recommendation relative to the suitability or usefulness of this portion of the Curbaril Avenue right-of-way as a non-motorized transportation facility, that or adequate easements have been retained for or such purposes. NOW, THEREFORE, the City Council of the City of Atascadero, California, hereby resolves as follows: 1. Based upon the above findings, the Council now finds and declares the above-described road right-of-way to be unuseable as a non-motorized transportation facility, or that adequate easements have been retained for such purposes. 2. Based upon the above findings, the Council now finds and declares the proposed vacation of this road right-of-way to be in conformance with the City' s General Plan. 3. The Council now summarily vacates, pursuant to Streets and Highways Code, Part 3, Chapter 4, a portion of the Curbaril Avenue right-of-way as shown on attached Exhibits subject to the following conditions of approval: Resolution No. 85-91 • Page Two (a) 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. (b) A lot merger of Lots 24 and 25 and the area being vacated shall be completed prior to or simultaneously to the recording of the abandonment resolution. (c) Property owner shall obtain a fee title to that portion of the Curbaril Avenue right-of-way. (d) A street width of 25 feet from centerline of the existing road shall be retained on behalf of the City of Atasca- dero for public road purposes. (e) All conditions of approval must be completed prior to or simultaneously to the recording of the abandonment reso- lution. The required legal descriptions and documents are hereby made a part of this resolution. • 4. That from and after the date this resolution is recorded with the County Recorder, the road right-of-way shown on the attached Exhibit shall no longer be or constitute a street or highway. 5. The City Clerk shall cause a certified copy of this Resolution of Summary Vacation, attested by him/her under seal, to be recorded without acknowledgement, certificate of acknowledge- ment, or further proof in the office of the County Recorder. On motion by Councilperson and seconded by Councilperson the motion was approved by the following roll call vote AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By. LEE RABOIN, City Clerk ALDEN F. SHIERS, Mayor • Resolution No. 85-91 Page Three APPROVED AS TO FORM: ART MONTANDON, City Attorney APPROVED AS TO CONTENT: HENRY ENGEN, Community Development Director • • REPORT TO CITY COUNCIL Meeting Date: 8/27/91 CITY OF ATASCADERO Aqen Item: D-1 (B&C) Through: Ray Windsor, City Manage From: Greg Luke, Director of Public Works SUBJECT : Item D-1 Atascadero Roads (8) & (C) Presentations regarding Road Standards and Assessment/Benefit Districts. RECOMMENDATION Receive the consultant's oral report and advise staff. BACKGROUND The Council is currently dealing with the legal, technical and financial components of Colony roads with the City. Of particular concern is how future roads can be constructed in the City to match • both the community character and to meet the necessary safety requirements. North Coast Engineers were retained to inventory the physical characteristics of various roads in the City and develop a series of road construction standards that were compatible with the existing roads while maintaining an acceptable level of safety. The Council has also been discussing the concept of using assessment districts and benefit districts to help finance the upgrade of non-City maintained roads to a level where they can be accepted into the City system. Using these districts to the optimal advantage of the City requires a firm understanding of how they work. Willdan & Associates, a firm with extensive experience forming these types of districts, has offered to make a presentation to the Council describing the various options. ANALYSIS Steve Sylvester of North Coast Engineers will be making a presentation on the results of his study. He will be presenting his work as proposed engineering standard drawings. These drawings could be compiled with other standard drawings for drainage, sewer system, etc. which will eventually result in a customized set of engineering specifications for the City of Atascadero. With regard to the Willdan & Associates presentation, the Council should explore the various options and direct staff on a course to proceed. MEMORANDUM • To: Mayor Alden Shiers From: Councilmember Bonita Borgeson Subject: Five-Year CIP/Roads Date: July 30, 1991 Thank you for the opportunity to submit items of interest for the City Council' s agenda. I am suggesting an item for the August 27th Council meeting. In light of what is developing with the private roads throughout the City, I propose the City Council review our Public Works Five Year Capital Improvement Plan at that meeting. We may wish to re- evaluate our list of capital improvement projects and the priori- ties assigned to them. On July 9th, we heard from a group of residents in the 3-F Meadows • area. Their concerns centered around the fact that, while they have paid gas tax, they have not received the benefits of that tax. As you know, the City has not placed any of the gas tax money in an enterprise fund which could be used to bring the roads in that area up to an acceptable standard. I anticipate the City Council will also hear from the residents of the Las Encinas area as soon as the question of ownership is re- solved. Of course, there are still many private roads scattered throughout the City. Most of these roads are in bad shape, and lack of resources preclude the people in those areas from forming an assessment district. The Roads Committee has been diligently pursuing a solution to the legal aspect of ownership of the roadway system throughout the City. We will bring the matter back to the Council on August 27th. I assume that the Council may wish to explore various options as to the long-term solution to the problem. Whichever solution the Council considers, however, we will most certainly be constrained from participating financially if we have not budgeted for capital outlay. Therefore, I propose the Council re-examine our Public Works Five Year Capital Improvement Plan and consider giving a high priority to engineering and construction of our private roads to bring them 1 • up to acceptable City standards so they can be brought into the City-maintained street system. I do not agree that median stripping on El Camino Real, at a cost of close to $1 million, is a higher priority than a complete and comprehensive system of roads which will benefit our circulation City-wide. I have spoken to our Public Works Director about this option. I was assured the Council can re-prioritize capital improvement proj- ects at any time. The plan is flexible and is not intended to be cast in cement. As a matter of fact, staff brought up the matter of the private roads at the time the Council ratified our Five-Year Capital Improvement Plan. Please include this letter in the Council' s agenda packet at the meeting of August 27th. c: City Council Ray Windsor, City Manager Greg Luke, Dir. of Public Works BB:cw • • 2 QA 82791RD1c *7 WILLDAN ASSOCIATES 0 ENGINEERS & PLANNERS Professional Consulting Services Since 1964 August 16, 1991 Mr. Greg Luke Director of Public Works City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Dear Greg: Thank you for the opportunity to discuss financing options for your road upgrade program with the city council of Atascadero. Bill Stookey and I look forward to the 7:00 p.m. meeting on August 27. Mr. Stookey is the Chairman of the Board of Willdan Associates. He has assisted in the creation of special financing districts for over 30 years. He has also assisted several cities with needs similar to yours. I am confident that Bill will address the concerns of your council and clarify the pros and cons of the various financing mechanisms available to the city. I have enclosed Bill and my resumes for your information. I have also enclosed a sampling of projects which have common elements with your situation. I hope you will find this information useful as you prepare the agenda item. Please give me a call if you need more information or if you have questions. Sincerely, Williams J. Goodwin Marketing Associate WJG:bjr cc: William Stookey 222 S. HARBOR BOULEVARD•SUITE 600•ANAHEIM,CALIFORNIA 92805-3711 •(714)758-8186•FAX(714)535-3294 WILLIAMS J. GOODWIN POSITION: Marketing Associate Willdan Associates EDUCATION: California State University, Long Beach Master of Business Administration California State University, Long Beach Bachelor of Science, Civil Engineering EXPERIENCE: As Marketing Associate, Mr. Goodwin is responsible for Corporate Marketing in Orange, Ventura, San Diego and Los Angeles Counties. To fulfill this responsibility, he is actively involved with professional organizations, regional transportation groups and individual agencies. Mr.Goodwin has practiced civil engineering in Orange and Los Angeles Counties for over ten years, in both the public and private sectors. Currently, Mr. Goodwin is a part-time lecturer in the School of Civl_Engineering at Cal State Univeristy, Long Beach. Prior o assignments include: o Assistant to the District Engineer for Trabuco Canyon Water District in Orange County o Participation in an interagency planning group for the San. Juan Creek Dam Project in Southern Orange County o Authored water and sewer master plan report for backbone facilities for the planned community of California Oaks in the Lake Elsinore area o Project Engineer involved in several Mello-Roos projects in Orange and Los Angeles Counties In addition, Mr. Goodwin has held positions in the traffic, public works design and construction management sections at the City of Fullerton. Experience in land development has included residential and commercial grading and off-site improvement plans; boundary surveys;parcel map preparation and processing in Riverside County; and construction staking. • WILLIAM DWIN n i nue AFFILIATIONS: American Society of Civil Engineers American Public Works Association Society of Automotive Engineers REGISTRATION: California, CE 40723 • WILLIAM C. STOOKEY POSITION: Chairman of the Board of Directors Willdan Associates EDUCATION: Massachusetts Institute of Technology M.S.; Civil Engineering California Institute of Technology B.S.; Civil Engineering EXPERIENCE: Mr. Stookey, a principal officer and one of the founders of the firm, has over 30 years experience working for public agencies and as a City Engineer. Mr. Stookey was City Engineer for the City of Fullerton from 1956 to 1964, during its period of rapid expansion. From 1947 to 1956 he was an engineer for the Los Angeles Department of Water and Power. Since the formation of Willdan Associates in 1964, Mr. Stookey has served as the Consultant City Engineer for ten California cities, most undergoing rapid growth. He has been responsible for the public works infrastructure and • engineering control of approximately 30,000 subdivision lots and parcels. Mr. Stookey's background includes all types of city engineering activities including assessment districts utilizing the 1911, 1913, 1915, 1943, and 1972 Acts and the Mello-Roos Community Facilities Act of 1982 with a total financing authorization of approximately $1 billion. He has been directly involved in the formation of redevelopment agencies, administration of state gas tax, securing of federal grants for cities, and preparation of engineering development control ordinances. In 1987, he received the Outstanding Engineering Merit Award from the Institute for the Advancement of Engineering. He was honored as the 1988 Orange County Engineer-of-the-Year by both the Orange County Chapter of the American Society of Engineers and the Orange County Engineering Council. Mr. Stookey holds the rank of Commander in the United States Naval Civil Engineering Corps Reserve, Retired. • ASSOCIATIONS AND AFFILIATIONS: American Society of Civil Engineers American Water Works Association American Public Works Association Orange County Engineers (past-President) Commander, Civil Engineer Corps, USNR Fellow, Institute for the Advancement of Engineering REGISTRATION/ CERTIFICATIONS: California, CE 8719 California, TE 0942 Arizona, CE 9299 Nevada, CE 2967 California, General Engineering Contractor • • SPECIAL TAX/ASSESSMENT ADMINISTRATION SERVICES • County of Orange Assessment District No. 88-1 Assessment District No. 87-1 Community Facilities District No. 88-1 Community Facilities District No. 88-2 Community Facilities District No. 87-9 Community Facilities District No. 87-8 Community Facilities District No. 87-7 Community Facilities District No. 87-6 Community Facilities District No. 87-5B Community Facilities District No. 87-5A Community Facilities District No. 58-5C Community Facilities District No. 87-4 Community Facilities District No. 87-3 Community Facilities District No. 87-1 Community Facilities District No. 87-2 Community Facilities District No. 86-2 Community Facilities District No. 86-1 City of Paramount Landscaping and Lighting District No.85-1 • Landscaping and Lighting District No.81-1 City of San Clemente Assessment District No. 85-1 Landscaping and Lighting District No. 1 City of Tustin Assessment District No. 86-2 Assessment District No. 85-1 City of Ontario Landscaping and Lighting District No. 1 Assessment District No. 107 Assessment District No. 103 Assessment District No. 100B Assessment District No. 100A Community Facilities District No. 1 Community Facilities District No. 4 City of Colton Assessment District No. 79-1 City of Placentia Landscaping and Lighting District City of Orange Assessment District No. 86-1 Assessment District No. 88-1 • Landscaping Maintenance District No. 86-2 • City of Seal Beach Landscaping and Lighting District No. 1 City of Santa Fe Springs Landscaping and Lighting District No. 1 City of La Habra Heights Fire Fee District Weed Abatement District City of Alhambra Landscaping and Lighting District City of Big River Community Services District Green Valley Water District Services District Orange Unified School District Community Facilities District No. 88-1 Community Facilities District No..89-1 Community Facilities District No. 89-2 City of Chino Community Facilities District No. 1 City of Norco Assessment District No. 195 City of Cathedral City Assessment District No. 85-1 Assessment District No. 86-1 City of Huntington Beach Assessment District No. 88-1 RELATED EXPERIENCE - ASSESSMENT ENGINEERING FOR LANDSCAPE AND STREET LIGHTING ACT OF 1972 Willdan Associates has been responsible for the assessment engineering, computerization, coordination with City staffs and attendance at public hearings for over 100 assessment districts including the following 1972 Act landscaping and street lighting districts. The following districts are recent examples: City of Rancho Cucamonga - Park and Recreation Improvement District No 85-PD This district, for the construction and maintenance of two community parks, was formed in 1985. Improvement bonds for approximately $7,000,000 were issued to finance construction and incidental costs. Contact: Mr. Lauren Wasserman, City Manager, City of Rancho Cucamonga, (714) 989-1851. City of Ontario - Street Lighting District No 1 This district for street lighting maintenance was formed in May 1984 and covers 169 parcels of land. The total revenue raised by this district for the 1986/87 fiscal year was $58,052.15. Contact: Mr. LeRoy Bender, City Engineer, City of Ontario, (714) 986-1151. City of Alhambra - Landscaping and Street Lighting Assessment District No 1 This district for lighting and parkway trees maintenance, which included all the parcels within the City of Alhambra, was formed as two districts in 1982. These districts, which contained approximately 16,500 parcels, were consolidated in 1983. In 1986, $9,930,000 in improvement bonds were sold. The 1987/88 assessment for debt service on the bonds and street lighting and landscaping services is $2,570,071. The 1987/88 single-family residential parcel assessment is $40.36. Contact: Mr. Terry James, Director of Public Services, City of Alhambra, (818) 570- 5065. City of Monterey Park - Landscaping and Street Lighting Assessment District In 1982 the City of Monterey Park initiated two city-wide 1972 Act benefit assessment districts for street lights, parkway trees and parks maintenance. The total number of parcels in the district was 13,965 with a total assessment amount of $727,023. The assessment per single-family residential parcel was to be $37.00. However, the proceedings for formation of the district were terminated by the City Council after the public hearing. • RELATED EXPERIENCE - ASSESSMENT DISTRICTS - (SELECTED RECENT) County of Fresno - Improvement District No 281 (1991) This acquisition district is currently being formed to fund nearly $16 million of infrastructure improvements in the Ball Ranch area. The district is being initiated by developer petition. The formation process began mid-October 1990 and is scheduled to be completed by July 1991. Contact: Mr. Frank Fowler, Senior Engineer, County of Fresno, (209) 453-5096. City of Ontario - Assessment District No 100C (California Commerce Center Phase III) (1991) This district, initiated by property owner petition, is a portion of a four-part program to provide infrastructure financing for approximately 850 acres of light industrial development. Willdan Associates was hired as Assessment Engineer and certified all quantities and reasonableness of the cost of all improvements acquired. Bonds in the amount of $11,590,000 are to be dated February 15, 1991. • Contact: Mr. Robert Clayton, Engineering Department, City of Ontario, (714) 391- 2530. County of Kern - Assessment District No 89-1 (1990) This district was formed to raise sufficient funds to build backbone, public improvements for a 150-foot lot subdivision in Tehachapi. The district was formed in March 1990. The total costs of the .project was $960,000. The total assessment was $525,000. Contact: Mr. Charles Lackey, County of Kern, (805) 861-2481. City of Long Beach - Assessment District No 90-2 (Airport Area) (1990) This District was formed to fund nearly $14,000,000 of traffic improvements in the . Airport Area. The District was formed following 1931 Act procedures and assesses fee as well as possessory interests of certain properties in the area. Contact: Mr. Ed Putz, City Engineer, City of Long Beach, (213) 590-6771. City of Ontario - Assessment District No. 107 (1990) This district, initiated by property owner petition, was formed to fund backbone improvements to a commercial/industrial section of the City. Willdan Associates was hired as Assessment Engineer and certified all quantities and reasonableness of the i costs of the works of improvement acquired. Bonds in the amount of $17,128,548.01 • were issued with a date of May 24, 1990. Contact: Mr. LeRoy Bender, City Engineer, City of Ontario, (714) 391-2530. City of Orange - Assessment District No 90-1 (1990) This developer-initiated district was confirmed November 13, 1990 to fund roadway, water and storm drain improvements for 232 residential units. Willdan Associates was hired as Assessment Engineer and certified all quantities and reasonableness of the costs of the works of improvement acquired. The district is the first of a two-part project for a 182-acre development. Bonds in the amount of$4,003,393.46 were issued with a date of November 27, 1990. Contact: Mr. Robert Knaak, City of Orange, (714) 532-0444. City of Chino - Assessment District No 89-1 (Magnolia Avenue) (1989) This district, initiated by property owner petition, was formed to fund street and drainage improvements for Magnolia Avenue from Schaefer Avenue to Edison Avenue. The district was formed during August of 1989 and bonds dated September 15, 1989 were issued in the amount of $1,626,313. . Contact: Mr. Alan Kreimeier, Budget and Special Projects Manager, City of Chino, (714) 627-7577. County of Los Angeles - Malibu Area Assessment District (1989) This County-initiated district was formed to fund construction of an 1.8 million gallon per day wastewater treatment plant and combination STEP/Gravity Collection System for over 2,400 properties in the Malibu area. The district was confirmed during January 1989 with total costs of$39,000,000. A multi-leveled assessment method was devised to allow equitable treatment to property owners in spite of the varied levels of development potential and land value. Contact: Mr. Brian Sasaki, County of Los Angeles, (818) 458-4302. City of Chino - Assessment District No 88-1 (Majestic Spectrum) (1988) This developer-initiated district was formed to fund backbone infrastructure for this industrial development. The district was formed during December of 1988 and bonds in the amount of $17,790,000 were issued during January of 1989. Contact: Mr. Alan Kreimeier, Budget and Special Projects Manager, City of Chino, (714) 627-7577. RELATED EXPERIENCE - MELLO-ROOS COMMUNITY FACILITIES DISTRICTS City of Fillmore - Community Facilities District The City of Fillmore selected Willdan to provide special tax apportionment services for a multi-landowner commercial development. The district was formed in April 1990. Construction costs are over $6,000,000. City of Chino - Community Facilities District No 1 Willdan was selected to provide special tax apportionment services for this residen- tial/commercial/light industrial development area to be funded by acreage fees. The district was formed to fund improvements required by City ordinance. The district was formed in late 1988; the project will be accomplished in multiple phases and annexations. The first phase improvements are funded for $5 million; the first annexation is complete. Contact: Mr. Alan Kreimeier, City of Chino, (714) 627-7577. • City of Moreno Valley - Towngate This district, involving a single landowner, was formed to fund infrastructure for commercial development in Moreno Valley and is on ±300 acres. It is expected that $19 million in bonds will be sold in two issues. Contact: City of Moreno Valley, (714) 925-7155. City of Santa Ana - Community Facilities District (MacArthur Park) Willdan was selected to provide special tax apportionment services for a proposed ±64- acre commercial development in Santa Ana involving a single landowner. This district represented phased development with an estimated $20 million in bonds over a ten to twenty year development period. The developer withdrew its petition. Contact: Mr. George Alvarez, Public Services Agency, City of Santa Ana, (714) 647- 5659. Citv of Ontario - Day Creek Improvements This district involved the sale of approximately $15 million in bonds for the construction of the Day Creek drainage channel. It involved approximately 30 properties and a landowner vote which passed by over 90 percent. It is believed to be the first Mello-Roos Community Facilities District undertaken in the State of California for other than a single developer. Tax apportionment reports prepared by i Willdan have been cited by several underwriters in their efforts to promote that activity. Contact: Mr. LeRoy Bender, City Engineer, City of Ontario, (714) 986-1151. City of Rancho Cucamonga - Mello-Roos Community Facilities District This district was implemented concurrently with the above-mentioned Day Creek District in the City of Ontario. This was for extension of the Day Creek project involving approximately $20 million and over 100 separate property owners in a landowner vote. The voters approved the program by a margin of over 80 percent. Contact: Mr. Lauren Wasserman, City Manager, City of Rancho Cucamonga, (714) 989-1851. Rancho Cucamonga Fire Protection District - Mello-Roos Community Facilities District This was a combination operational and capital improvements community facilities district for the construction and operation of fire suppression facilities. It involved over 150 owners in a landowners vote. The properties were mostly undeveloped but upon development will deliver an estimated annual operation tax of over $1 million. • Contact: Chief Dennis Michael, Foothill Fire Protection District, (714) 987-2535. Sweetwater Unified High School District - Mello-Roos Community Facilities District This single developer program proposes financing and construction o£ several high schools needed to serve an increased population of approximately 20,000 persons over the next 20 years. Bonds were authorized in the amount of $150 million being a partial financing mechanism to integrate with other state funds, if available. Contact: Mr. Andy Campbell, Director of Development, Sweetwater Unified High School District, (619) 691-5553. Chula Vista Elementary School District - Mello-Roos Community Facilities District This project involved formation of a single developer community facilities district for the construction of elementary schools to serve approximately 20,000 persons over a period of approximately 20 years. Bonds have been authorized in the total amount of $100 million. This program covers the same area as the Sweetwater Unified School District. Contact: Mr. John Lynn, Business Manager, Chula Vista Elementary School District, (619) 425-9600. Miller & Schroeder Municipals Inc - Tax Formula Review The Mello-Roos taxing formula is complex and has many scenarios which could affect funds to be raised. Willdan has reviewed tax apportionment formulas for this underwriting firm on several Mello-Roos programs, providing advice as to possible weaknesses in the bond security as a result of the taxing formula. Contact: Mr. Norman K. McPhail, Miller & Schroeder Municipals, Inc., (619) 481- 5894. City of Fillmore - North Fillmore Industrial Park Willdan was selected to provide special tax consulting services in the formation of a district to provide infrastructure within a 127 acre industrial area. The Mello-Roos taxing formula considered three zones of improvements and 15 property owners. Contact: Mr. Roy L. Payne, City Manager, City of Fillmore, (805) 524-3701. County of Orange - Administration Willdan was selected to provide tax setting and information services for the fifteen • formed Mello-Roos Districts plus two formed Assessment Districts spanning the County of Orange. These developer districts in the rapidly expanding south county area include approximately 18,000 acres and support $968,705,000 in bond authoriza- tion. Contact: Mr. Stephen V. Kozak, Manager Bond Capital Finance Program, County of Orange, (714) 834-4775. REPORT TO CITY COUNCIL CITY OF ATASCADERO Via: Ray Windsor, City Manager Mtg. Date: 8/27/91 From: Downtown Interim Sign Committee AGENDA ITEM: D-3 By: Henry Engen, Community Development Director 4{C SUBJECT: Request for implementation measure actions - Downtown Sign Program. RECOMMENDATION• Approve Resolution 84-91 waiving fees for installation of Downtown Sign Program awnings and direct staff to work with up to five (5) establishments in providing design assistance as a pilot program. BACKGROUND: The Interim Downtown Sign Committee held a public forum on August 12, 1991 on the proposed Downtown Sign Program at which time the draft Downtown Sign Program brochure was reviewed. Several of the proposals for implementing the program have been discussed concept- ually with City Council in the past and require Council support for implementation. ANALYSIS: As an incentive for applying the downtown signage concept to the businesses, waiving the building permit fee necessary for such installation ($37.00) is proposed as an incentive. The attached Resolution No. 84-91 would accomplish that objective. In addition, it is requested that the design assistance of staff -- short of working drawings which would be done by a contractor -- is proposed as a pilot program process for up to five establishments. This assistance would serve to set the tone for future improvements and provide a catalyst for downtown interests. It is further proposed that these minor building permits be processed in an expeditious manner. FISCAL IMPACTS: • There are approximately 130 businesses in the downtown area, hence, the maximum potential loss to revenue would be about $4,800. Staff cost to provide design guidance and suggestions would be from existing appropriations. HE:ps Separate Cover: Downtown Sign Program Brochure Enclosure: Resolution No. 84-91 cc: Interim Downtown Sign Committee John Heim, BIA, City Liaison Susan Macari, BIA President RESOLUTION NO. 84-91 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO WAIVING FEES FOR DOWNTOWN AWNINGS INSTALLED PURSUANT TO THE "DOWNTOWN SIGN PROGRAM" WHEREAS, the City Council has appointed the Interim Downtown Sign Committee to develop a sign program appropriate to the downtown area; and WHEREAS, said Committee has developed a program to encourage economic revitalization by providing a strong visual unity within the Colony business district; and WHEREAS, central to this goal, the Committee has proposed the use of awnings to create a unifying theme and to address the unique architecture of the downtown involving use of dark green and creme awnings; and WHEREAS, the City Council encourages individual owners and business persons to implement this program. NOW, THEREFORE, the Council of the City of Atascadero does resolve as follows: 1. Resolution No. 5-85 establishing fees for permits pur- suant to building and construction regulations is hereby amended by addition of the following exception: Exception: Fees for Downtown Sign Program Awning Instal- lations - No Fee On motion by , and seconded by , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ALDEN SHIERS, Mayor Resolution No. 84-91 • Page 2 ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: 4�9� tf�— II-*0 HENRY ENGE r Community evelopt Director REPORT TO CITY COUNCIL CITY OF ATASCADBRO AGENDA ITEM: D-4 Through: Ray Windsor, City Manager Mtg. Date: 8/27/91 From: Henry Engen, Community Dev. Director H File No: Unrein. Masonry Bldg Ord SUBJECT: Adoption of Ordinance No. 226, "Earthquake Hazard Reduction in Existing Unreinforced Masonry Buildings" . RECOMKENDATI ON: Adoption of Ordinance No. 226 on 2nd reading by title only. BACKGROUND: • On August 13, 1991, the City Council conducted a public hearing on the above-referenced subject, and approved Ordinance No. 226 on first reading. HE:ps Attachment: Ordinance No. 226 ORDINANCE NO. 226 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 8 OF THE ATASCADERO MUNICIPAL CODE BY THE ADDITION OF CHAPTER 12 RELATIVE TO EARTHQUAKE HAZARD REDUCTION IN EXISTING UNREINFORCED MASONRY BUILDINGS WHEREAS, the State of California has mandated that local governments shall establish an appropriate and suitable means of reducing the current level of hazard found in existing unreinforced masonry buildings; and, WHEREAS the City of Atascadero, in accordance with state law, has surveyed and identified probable unreinforced masonry buildings; and, WHEREAS, regulations relative to earthquake hazard reduction are categorically exempt from the California Environmental Quality Act. NOW THEREFORE, the City Council of the City of Atascadero, California, does ordain as follows: Section 1. Municipal Code Text Chancre: A new Chapter 12 is added to Title 8, "Building Regulations", as contained in the attached Exhibit "A", which is hereby made a part of this ordinance by reference. Section 2. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 3. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. Ordinance No. 226 •Page No. 2 On motion by and seconded by the foregoing ordinance was adoptedinns entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: By: ALDEN F. SHIERS, MAYOR CITY OF ATASCADERO, CALIFORNIA ATTEST: • LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney PREPARED BY: 44-u� 2E;� 11000 HENRY EN N, Communit Develo dent Director • Ordinance No. 226 Exhibit "A" Page No. 1 [[Addition to Title 8 Table of Contents:]] • CHAPTER 12. UNRE/NFORCED MASONRY BU/LD/NGS 8-12.01--Adoption of the Unreinforced Masonry Buildings Ordinance. 8-12.101 . Purpose. 8-12.102. Scope 8-12.103. Definitions 8-12.104. Rating Classifications 8-12.105. General Requirements 8-12.106. Administration 8-12.107. Analysis and Design 8-12.108. Materials of Construction 8-12.109. Information Required on Plans. • Ordinance No. 226 Exhibit "A" Page No. 2 TITLE 8 - BU/LD/NG REGULA TIONS Chapter 12. Unreinforced Masonry Buildings 8-12. 101. PUr ose The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on unreinforced masonry bearing wall buildings. Such buildings have been widely recognized as posing a threat to life because of a history of poor performance, i.e., partial or complete collapse, during moderate to strong earthquakes. The provisions of this chapter are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury. Compliance with these standards will not necessarily prevent loss of life or injury or prevent earthquake damage to rehabilitated buildings. This chapter does not require alteration of existing electrical, plumbing, mechanical or fire safety systems (unless they constitute a hazard to life or property), nor require disabled access or energy conservation alterations. This chapter provides systematic procedures and standards for identification and • classification of unreinforced masonry bearing wall buildings based on their present use. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and anchored. Where the analysis finds deficiencies, this chapter requires the buildings to be strengthened or demolished. Qualified Historical Buildings shall comply with the State Historical Building Code (SHBC) established under Part 8, Title 24 of the California Administrative Code. 8-12. 102. Scope The provisions of this chapter shall apply to all unreinforced masonry buildings. Exceptions: A. This chapter shall not apply to detached one or two family dwellings and detached apartment houses containing less than 5 dwelling units and used solely for residential purposes. B. This chapter shall not apply to warehouses and similar buildings used for emergency services or supplies. (Warehouses that have been converted to retail, office, commercial, or residential occupancies are not exempt). Ordinance No. 226 Exhibit "A" Page No. 3 C. This chapter shall not apply to buildings owned by the Federal or State Government. (Buildings owned by local jurisdictions are not exempt). All conforming and legal nonconforming buildings that are required to be strengthened by alteration as a result of this chapter shall not be required to comply with current site improvement standards of the City of Atascadero Zoning Ordinance, including parking and landscaping. In the event a building owner does not agree with zoning or signage conditions, he or she may seek relief through appeal to the Planning Commission. 8-12. 103. DEFINITIONS For purposes of this chapter, the applicable definitions in Sections 2302 and 2312 of the Uniform Building Code (1) shall apply: EssentiaiBuiidina: Any building housing a hospital or other medical facility having surgery or emergency treatment areas; fire or police stations; municipal government disaster operation and communication centers. High Risk Building: Any building not classified an essential building. EXCEPT/ON. A high risk building shall not include the following: • A. Any building having exterior walls braced with masonry crosswalls or wood frame crosswalls spaced less than 40 feet apart in each story. Crosswalls shall be full story height with a minimum length of 1 Y2 times the story height. Unreinforced Masonry Bearing Wall. A masonry wall having all of the following characteristics: 1 . Provides the vertical support for a floor or roof. 2. The total superimposed load is over 200 pounds per linear foot. 3. The area of reinforcing steel is less than 50 percent of that required by 8-12.107. i i Ordinance No. 226 Exhibit "A" Page No. .4 8-12. 104. RATING CLASSIFICATIONS The rating classifications shown in Table No. 12- • A are hereby established and each building within the scope of this chapter shall be placed in one such rating classification by the Building Official. EXCEPT/ON.' For the purpose of this chapter, portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications. 8-12. 10 5. GENERAL REQUIREMENTS The owner of each building within the scope of this chapter shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed b the State of California. If the building does not Y g meet the minimum earthquake standards specified in this chapter, the w q p p e o ner shall either cause it to be structurally altered to conform to such standards; or cause the building to be demolished. The owner of each building within the scope of this chapter shall comply with the requirements set forth above by submitting to the Building Official for review within the stated time limits: 1. On or before January 1, 1994, a structural analysis, which is subject to approval by the Building Official, and which shall demonstrate that the building meets the • minimum requirements of this Chapter; or 2. On or before January 1, 1994, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter; or 3. On or before January 1, 1994, plans for the demolition of the building. After plans are submitted and approved by the Building Official, the owner shall obtain a building permit, commence and complete the required construction within the time limits set forth in Table No. 12-B. 8-12. 106. ADMINISTRATION 1 . Service of Order. The Building Official shall issue an order, as provided in 8- 12.106.(2), to the owner of each building within the scope of this chapter within sixty (60) days from the effective date of these regulations. 2. Contents of Order. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Building Official to be within the scope of this chapter and, therefore, is required to meet the minimum, seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of 8-12.105 which sets forth the owner's alternatives and time limits for compliance. Ordinance No. 226 Exhibit "A" Page No. —5-- 3. Appeal Form Order. The owner orerson in charge of or in control of the buildin • p 9 g may appeal to the Board of Appeals the Building Official's initial determination that the building is within the scope of this chapter. Such appeal shall be filed with the Board in accordance with TITLE 8 - BUILDING REGULATIONS 8-1 .104.(e). Appeals or request for slight modifications from any other determinations, order or actions by the Building Official pursuant to this chapter, shall be made in accordance with the normal appeal procedures established in this code. 4. Recordation. At the time that the aforementioned order is served, the Building Official shall file with the Office of the County Recorder a certificate stating that the subject building is within the scope of Chapter 12 - Earthquake Hazard Reductions in Existing Unreinforced Masonry Buildings. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where it is not found to comply with Chapter 12. If the building is found not to be within the scope of this chapter, or as a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this chapter; or is demolished; the Building Official shall file with the Office of the County Recorder a certificate terminating the status of the subject building as being classified within the scope of Chapter 12 - Earthquake Hazard Reduction in Existing Unreinforced Masonry Buildings. • 5. Enforcement. If the owner or other person in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this chapter within any of the time limits set forth in 8-12.105, the Building Official shall order the entire building vacated and remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated, or by such additional time as may have been ordered vacated, or by such additional time as may have been granted by the Appeals Board, the Building Official may order demolition of the building in accordance with the Abatement of Dangerous Building provisions in this code. 8-12. 107. ANALYSIS AND DES/GN 1 . General. Every structure within the scope of this Division shall be analyzed and constructed to resist minimum total lateral seismic forces assumed to act nonconcurrently in the direction of each of the main axes of the structure in accordance with the following equation: V = ZCIW RW The value of ZCI/RW need not exceed the values set forth on Table 12-0. EXCEPT/ON: The Building Official, upon receipt of adequate justification prepared by a civil or structural engineer or architect licensed by the State of California, may accept structural analysis and design in accordance with the latest edition of the Uniform Code for Building Conservation, published by the International Conference of Building Officials, as an alternate method of compliance with the provisions of this chapter. Ordinance No. 226 Exhibit "A" Page No. 6 2. Lateral Forces on Elements of Structures. Parts or portions of structures shall be analyzed and designed for lateral loads in accordance with 8-12.107(a) of the chapter and 2312(8) of the Uniform Building Code but not less than the value from the following equation: Fp = ZICp Wp (UBC 2312) EXCEPT/ON.' Unreinforced masonry walls in buildings that are not of a Class I rating may be analyzed in accordance with Section 8-12.108. The value of Cp need not exceed the values set forth in Table 12-F. 3. Anchorage and Interconnection. Anchorage and interconnection of all parts, portions and elements of the structure shall be analyzed and designed for lateral forces in accordance with Table No. 12-F of this code and the equation Fp = ZECp Wp as modified by Table No. 12-E. Minimum anchorage of masonry walls to each floor or roof shall resist a minimum force of 200 pounds per linear foot acting normal to the wall at the level of the floor or roof. 4. Level of Required Repair. Alterations and repairs required to meet the provisions of this chapter shall comply with all other applicable requirements of the Uniform Building • Code unless otherwise specifically provided for in this chapter. 5. Required Analysis. (a) General. Except as modified herein, the analysis and design relating to the structural alteration of existing structures within the scope of this chapter shall be in accordance with the analysis specified in Chapter 23 of the UBC. (b) Continuous Stress Path. A complete, continuous stress path from every part or portions of the structure to the ground shall be provided for the required horizontal forces. (c) Positive Connections. All parts, portions or elements of the structure shall be interconnected by positive means. 6. Analysis Procedures. (a) General. Stresses in materials and existing construction utilized to transfer seismic forces from the ground to parts or portions of the structure shall conform to those permitted by the Uniform Building Code and those materials and types of construction specified in 8-12.108. (b) Connections. Materials and connectors used for interconnection of parts and portions of the structures shall conform to the Uniform Building Code. Nails may be used as part of an approved connector. r t, I Ordinance No. 226 Exhibit "A" Page No. 7 (c) Unreinforced Masonry Walls. Except as modified herein, unreinforced masonry walls shall be analyzed as specified in UBC Sections 2406, 2407 and 2408 to withstand all vertical loads as specified in Chapter 23 of the Uniform Building Code in addition to the seismic forces required by this chapter. The 50 percent increase in the seismic force factor for shear walls as specified in Section 2407 (h) 4F of the Uniform Building Code may be omitted in the computation of seismic loads to existing shear walls. No allowable tension stress will be permitted in unreinforced masonry walls. Walls not capable of resisting the required design forces specified in this chapter shall be strengthened or shall be removed and replaced. EXCEPT/ON: A. Unreinforced masonry walls in buildings not rated as a Class I building pursuant to Table No. 12-A may be analyzed in accordance with 8-12.108. B. An unreinforced masonry wall which carries no design loads other than its own weight may be considered as veneer if it is adequately anchored to new supporting elements. 7. Combination of Vertical and Seismic forces. (a) New Materials. All new materials introduced into the structure to meet the requirements of this section which are subjected to combined vertical and horizontal forces shall comply with Section 2303 of the Uniform Building Code. (b) Existing Materials. When stresses in existing lateral force resisting elements are due to a combination of dead loads plus live loads plus seismic loads, the allowable working stress specified in the Uniform Building Code may be increased 100 percent. However, no increase will be permitted in the stresses allowed in Section 8-12.108, and the stresses in members due only to seismic and dead loads shall not exceed the values permitted by Section 2303 (d) of the Uniform Building Code. (c) Allowable Reduction of Bending Stress by Vertical Load. In calculating tensile fiber stress due to seismic forces required by this chapter, the maximum tensile fiber stress may be reduced by the full direct stress due to vertical dead loads. 8-12. 108. MATER/ALS OF CONSTRUCT/ON 1 . General. All materials permitted by the Uniform Building Code including their appropriate allowable stresses and those existing configurations of materials specified herein may be utilized to meet the requirements of this chapter. i � f Ordinance No. 22 Exhibit "A" Page No. 8 • 2. Existing Materials. (a) Unreinforced Masonry Walls. Unreinforced masonry walls analyzed in accordance with this Section may provide vertical support for roof and floor construction and resistance to lateral loads. The facing and backing of such walls shall be bonded so that not less than 4 percent of the exposed face area is composed of solid headers extending not less than 4 inches into the backing. The distance between adjacent full-length headers shall not exceed 24 inches vertically or horizontally. Where the backing consists of two or more wythes, the header shall extend not less than 4 inches into the most distant wythe, or the backing wythes shall be bonded together with separate headers whose area and spacing conform to the foregoing. Tension stresses due to seismic forces normal to the wall may be neglected if the walls do not exceed the height to thickness ratio in Table No. 12-G and the in-plane shear stresses due to seismic loads as set forth in Table No. 12-J. If the wall height-thickness ratio exceeds the specified limits, the wall may be supported by vertical bracing members designed in accordance with 8-12.108. The deflections of such bracing member at design loads shall not exceed one- tenth of the wall thickness. • EXCEPT/ON. The wall may be supported by flexible vertical bracing members designed in accordance with 8-12.107, if the deflection at design loads is not less than one-quarter nor more than one- third of the wall thickness. All vertical bracing members shall be attached to floor and roof construction for their design loads independently of required wall anchors. Horizontal spacing of vertical bracing members shall not exceed one-half the unsupported height of the wall nor ten feet. The wall height may be measured vertically to bracing elements other than a floor or roof. Spacing of the bracing elements and wall anchors shall not exceed six feet. Bracing elements shall be detailed to minimize the horizontal displacement of the wall by components of vertical displacements of the floor or roof. (b) Existing Roof, Floors, Walls, Footings. and Wood Framing. Existing materials including wood shear walls utilized in the described configuration may be used as part of the later load resisting system, provided that the stresses in these materials does not exceed the value shown in Appendix Table No. 12-H. 3. Strengthening of Existing Materials. New materials including wood shear walls may be utilized to strengthen portions of the existing seismic resisting systems in the described configurations provided that the stresses do not exceed the values shown in Table No. 12-I. Ordinance No. 226 Exhibit "A" Page No. 9 4. Alternate Materials. Alternate materials, designs and methods of construction may • be approved by the Building Official in accordance with the provisions of the Uniform Building Code. 5. Minimum Acceptable Quality of Existing Unreinforced Masonry Walls: (a) General Provisions. All unreinforced masonry walls utilized to carry vertical loads and seismic forces parallel and perpendicular to the wall plane shall be tested as specified in this subsection. All masonry quality shall equal or exceed the minimum standards established herein or shall be removed and replaced by new materials. Alternate methods of testing may be approved by the Building Official. The quality of mortar in all masonry walls shall be determined by performing in-place shear tests or by testing eight inch diameter cores. Alternative methods of testing may be approved by the Building Official. Nothing shall prevent pointing with mortar of all the masonry wall joints before the tests are first made. Prior to any pointing, the mortar joints must be raked and cleaned to remove loose and deteriorated mortar. Mortar for pointing shall be Type S or N except that masonry cements shall not be used. All preparation and mortar pointing shall be done under the continuous inspection of a special inspector certified to inspect masonry or concrete, and approved by the Building Official. At the conclusions of the inspections of, the inspector shall submit a written report to the licensed engineer or architect responsible for the seismic analysis of the building setting forth the result of the work inspected. Such report shall be submitted to the Building Official for approval as part of the structural analysis. All testing shall be performed in accordance with the requirements specified in this subsection by a testing agency approved by the Building Official. An accurate record shall be kept of all such tests and of their locations in the building, and these results shall be submitted to the Building Official for approval as part of the structural analysis. (b) Number and Location of Tests. The minimum number of tests shall be two per wall or line of wall elements resisting a common force, or 1 per 1500 square feet of wall surface, with a minimum of eight tests in any case. The exact test or core location shall be determined at the building site by the licensed engineer or architect responsible for the seismic analysis of the subject building. (c) In-Place Shear Tests. The bed joints of the outer wythe of the masonry shall be tested in shear by laterally displacing a single brick relative to the adjacent bricks in that wythe. The opposite head joint of the brick to be tested shall be removed and cleaned prior to testing. The minimum quality mortar in 80 percent of the shear tests shall not be less than the total of 30 psi plus the axial stress in the wall at the point of the test. The shear stress shall be based on the gross area of both bed joints and shall be that at which movement of the brick is first observed. Ordinance No. M Exhibit "A" Page No. 10 is (d) Core Tests. A minimum number of mortar test specimens equal to the number of required cores shall be prepared from the cores and tested as specified herein. The mortar joint of the outer wythe of the masonry core shall be tested in shear by placing the circular core section in a compression testing machine with the mortar bed joint rotated 15 degrees from the axis of the applied load. The mortar joint tested in shear shall have an average ultimate stress of 20 psi based on the gross area. The average shall be obtained from the total number of cores made. If test specimens cannot be made from cores taken, then the shear value shall be reported as zero. 6. Testing of Shear Bolts. One-fourth of all new shear bolts and dowels embedded in unreinforced masonry walls shall be tested by a Special Inspector using a torque calibrated wrench to the following minimum torques: 1/2" diameter bolts or dowels = 40 foot-lbs. 5/8" diameter bolts or dowels = 50 foot-lbs. 3/4" diameter bolts or dowels = 60 foot-lbs. No bolts exceeding 3/4" shall be used. All nuts shall be installed over malleable iron or plate washers when bearing on wood and heavy cut washers when bearing on steel. • 7. Determination of Allowable Stresses for Design Methods based on Test Results. (a) Design Shear Values. Design seismic in-plane shear stresses shall be substantiated by tests performed as specified in 8-12.108(5.c & d). Design stresses shall be related to test results obtained in accordance with Table No. 12-J. Intermediate values between 3 and 10 psi may be interpolated. (b) Design Compressions and Tension Values. Compression stresses for reinforced masonry having a minimum design shear value of 3 psi shall not exceed 100 psi. Design tension values for unreinforced masonry shall not be permitted. Ordinance No. 226 Exhibit "A" Page No. 11 8. Tests Required. Five percent of the existing rod anchors utilized as all or part of the required wall anchors shall be tested in pullout by an approved testing laboratory. The minimum number tested shall be four per floor, with two tests at walls with joist framing into the wall and two tests at walls with joists framing into the wall and two tests at walls with joists parallel to the wall. The test apparatus shall be supported on the masonry wall at a minimum distance of the wall thickness from the anchor tested. The rod anchor shall be given a pre-load of 300 lbs. prior to establishing a datum for recording elongations. The tension test load reported shall be recorded at one-eighth inch relative movement of the anchor and the adjacent masonry surface. Results of all tests shall be reported. The report shall include the test results as related to the wall thickness and joist orientation. The allowable resistance value of the existing anchors shall be 40 percent of the average of those tested anchors having the same wall thickness and joist orientation. 9. Test Procedures. Qualification tests for devices used for wall anchorage shall be tested with the entire tension load carried on the enlarged head at the exterior face of the wall. Bond on the part of the device between the enlarged head and the interior wall face shall be eliminated for the qualification tests. The resistance value assigned the device shall be 20 percent of the average of the ultimate loads. 8-12. 109. INFORMATION REQUIRED ON PLANS. 1 . General. In addition to the seismic analysis required elsewhere in this Chapter, the licensed engineer or architect responsible for the seismic analysis of the building shall determine and record the information required by this Section on the approved plans. 2. Construction Details. The following requirements with appropriate construction details shall be made part of the approved plans: (a) All unreinforced masonry walls shall be anchored at the roof level by tension bolts through the wall as specified in Table 12-1, or by approved equivalent at a maximum anchor spacing of six feet. All unreinforced masonry walls shall be anchored at all floors with tension bolts through the wall or by existing rod anchors at the maximum anchor spacing of six feet. All existing rod anchors shall be secured to the joists to develop the required forces. The Building Official may require testing to verify the adequacy of the embedded ends of existing rod anchors. Tests when required shall conform to 8-12.108(8.) When access to the exterior face of the masonry wall is prevented by proximity of an existing building, wall anchors conforming to Items 5 and 6 in Table 12-1 may be used. Alternative devices to be used in lieu of tension bolts for masonry wall anchorage shall be tested as specified in 8-12.108(9.). Ordinance No. 226 Exhibit "A" Page No. 12 • (b) Diaphragm chord stresses of horizontal diaphragms shall be developed in existing materials or by addition of new materials. (c) Where trusses and beams other than rafters or joists are supported on masonry, ledgers or columns shall be installed to support vertical load of the roof or floor members. (d) Parapets and exterior wall appendages not capable of resisting the forces specified in this Chapter shall be removed, stabilized or braced to insure that the parapets and appendages remain in their original position. (e) All deteriorated mortar joints in unreinforced masonry walls shall be pointed with type S or N mortar (masonry cements shall not be used). Prior to any pointing, the wall surface must be raked and cleaned to remove loose and deteriorated mortar. All preparation and pointing shall be done under the continuous inspection of a special inspector certified to inspect masonry or concrete, and approved by the Building Official. At the conclusion of the project, the inspector shall submit a written report to the Building Official setting forth the portion of work inspected. (f) Repair details shall be prepared for any cracked or damaged unreinforced • masonry wall required to resist forces specified in this Chapter. 3. Existing Construction. The following existing construction information shall be made part of the approved plans: (a) The type and dimensions of existing walls and the size and spacing of floor and roof members. (b) The extent and type of existing wall anchorage to floors and roof. (c) The extent and type of parapet corrections, if any, which were performed in accordance with the Uniform Building Code. (d) Accurately dimensioned floor plans and masonry wall elevations showing dimensioned openings, piers, wall thickness and heights. (e) The location of cracks or damaged portions of unreinforced masonry walls requiring repairs. (f) The type of interior wall surfaces and whether reinstalling or anchoring of ceiling plaster is necessary. (g) The general condition of the mortar joints and whether the joints need pointing. Ordinance No. 226 Exhibit "A" P.qnp No 40 TABLE NO. 12-A RATING CLA SSIFICA TIONS TYPE OF BUILDING CLASS Essential Building High Risk Building II APPENDIX TABLE NO. 12-B TIME LIMITS FOR COMPLIANCE Bldg. Permit From Date Of Submittal Dead- Issuance Deadline Rating Occupant line for Rehab. for Strengthening Commence Complete Classification Load Plans or Demolition Within Within / Any January 1, 1994 January 1, 1996 180 Days 2 years Any January 7 1994 January 1 1996 180 Days 2 years APPENDIX TABLE NO. 12-C [NOT USED] Ordinance No. 226 Exhibit "A" • Page No. 14 TABLE 12-D HORIZONTAL FORCE FACTORS BASED ON RATING CLA SSIFICA TION RA TING CLA SSIF/CA TION ZC//RW 0.229 11 0.183 TABLE NO. 12-E HORIZONTAL FORCE FACTORS "ZI" FOR PARTS OR PORTIONS OF STRUCTURES RA TING CLA SSIFICA TION Z/ 0.50 II 0.40 f Ordinance No. 226 Exhibit "A"" Page No. 1,5 TABLE 12-F • HORIZONTAL FORCE FACTOR Cp Applicable to Rigid Items VALUE OF CP ELEMENTS OF STRUCTURES AND NONSTRUCTURAL COMPONENTS See Section S.12.108121 for use of cp. See UBC C Table No.23-P 11988/for footnote tefereno". I. Part of Portion of Structure 1 . Walls, including the following: a. Unbraced (cantilevered) parapets.. ............................... 2.00 b. Other exterior walls above the ground floor....................... 0.75 c. All interior bearing and nonbearing walls and partitions.......... 0.75 d. Masonry or concrete fences over 6 feet high....................... 0.75 2. Penthouse (except where framed by an extension of the building frame)................................................................ 0.75 3. Connections for prefabricated structural elements other than walls, with force applied at center of gravity............................... 0.75 4. Diaphragms................. I/. Nonstructural Components 0 1 . Exterior and interior ornamentations and appendages................... 2.00 2. Chimneys, stacks, trussed towers, and tanks on legs. a. Supported on or projecting as an unbraced cantilever above the roof more than one-half its total height..................... 2.00 b. All others, including those supported below the roof with unbraced projection above the roof less than one-half its height, or braced or guyed to the structural frame at or above its center of mass......................................... 0.75 3. Signs and billboards.................................................. 2.00 4. Mechanical, plumbing and electrical equipment and machinery and associatedpiping..................................................... 0.75 5. Tanks and vessels (plus contents), including support systems andanchorage......................................................... 0.75 6. Storage racks (include contents)...................................... 0.75 7. Anchorage for permanent floor-supported cabinets and bookstacks more than 5 feet in height (includes contents)........................ 0/5 8. Anchorage for suspended ceilings and light fixtures - see also Section4701 (e)....................................................... 9. Access floor systems.................................................. 0.75 Ordinance No. 226 Exhibit "A" Page No. 116 • TABLE NO. 12-G ALLOWABLE VALUE OF HEIGHT-THICKNESS RA TIO OF UNREINFORCED MASONRY WALLS WITH MIN/MUM QUALITY MORTAR (1) (2) WALL LOCA TION BU/LD/NGS WITH CROSSWALLS AS ALL OTHER DEFINED BY SECT/ON AC2403 BU/LD/NGS Walls of One StoryBuildings 16 13 First story wall of Multi-Story Buildings 16 15 I&//s in Top Story of Multi-Story 14 9 ldings 16 13 All Other Walls (1) Minimum quality mortar sha//be determined by laboratory testing in accordance with Section 8. 12.108(5). (2) Appendix Table 12-G is not applicable to buildings of rating Classification L Walls of buildings within rating Classification I shall be analyzed in accordance with Section 8. 12. 107(6). Ordinance No. 2 Exhibit "A" Page No. 17 TABLE NO. 12-H • VALUES FOR EXISTING MA TER/AL S EXISTING MA TER/AL S OR CONFIGURAT/ON OF MATER/ALS *(1) ALLOWABLE VALUES 1. HORIZONTAL DIAPHRAGMS a. Roofs with straight sheathing and roofing applied 100 lbs. per foot for seismic directly to the sheathing. shear. b. Roofs with diagonal sheathing and roofing applied 400 lbs. per foot for seismic directly to the sheathing. shear. C. Floors with straight tongue and groove sheathing. 150 lbs. per foot. d. Floors with straight sheathing and finished wood 300 lbs. per foot for seismic flooring. shear. e. Floors with diagonal sheathing and finished wood 450 lbs. per foot for seismic flooring. shear. f. Floors or roofs with straight sheathing and plaster Add 50 lbs. per foot to the applied to the joist or rafters. *(2) allowable values for Items 11P and 1 c. 2. SHEAR WALLS Wood stud walls with lath and plaster. 100 lbs. per foot each side for seismic shear. 3. PLAIN CONCRETE FOOTINGS. F = 1500 psi unless otherwise shown by tests. 4. DOUGLAS FIR WOOD. Allowable stress same as no. 1 D.F. *(3) 5. REINFORCING STEEL. f = 18,000 lbs. per square inch maximum. *(3) 6. STRUCTURAL STEEL. f = 20,000 lbs. per square inch maximum. *(3) (1) Material must be sound and in good conditions. (2) The roof lath and plaster must be re-attached to existing joists or rafters in a manner approved by the Building Official. (3) Stresses given may be increased for combinations of loads as specified in Section 8.12.107(7)(b). Ordinance No. 226 Exhibit "A" Page No. 18 . TABLE NO. 12-I ALLOWABLE VALUES OF NEW MATERIALS USED IN CONJUNCTION WITH EXISTING CONSTRUCTION (1) EXISTING MATERIALS OR ALLOWABLE VALUES CONFIGURA TION OF MATERIALS (1) FROM UBC TABLES 1. HORIZONTAL DIAPHRAGMS Plywood sheathing applied directly over existing straight Same as specified in Tables No. 25-J sheathing with ends of plywood sheets bearing on joists or of the UBC for blocked diaphragms. rafters and edges of plywood located on center of individual sheathing boards. 2. SHEAR WALLS a. Plywood sheathing applied directly over existing Same as values specified in Tables wood studs. No value shall be given to plywood 25-K of the UBC. applied over existing plaster or wood sheathing. b. Drywall or plaster applied directly over existing wood 75% of the values specified in Table 9 studs. No. 47-I of the UBC. SHEAR BOL TS Shear bolts and shear dowels embedded a minimum of 8 100% of the values for solid masonry inches into unreinforced masonry walls. Bolt centered in a specified in Table no. 24E of UBC. 2%2 inch diameter hole with dry-pack or non-shrink grout No values larger than those given for around circumference of bolt or dowel. *(1) % inch bolts shall be used. 4. TENSION BOLTS Tension bolts and tension dowels extending entirely through 1200 lbs. per bolt or dowel. unreinforced masonry walls secured with bearing plates on far side of wall with at least 30 sq. inches of area. *(2) 5. WALL ANCHORS (8-12. 109(2)(a)) a. Bolts extending to the exterior face of the wall with a 600 lbs. per bolt. 2Y2 inch round plate under the head. Installed as specified for shear bolts. Spaced not closer than 12 inches on centers. *(1 )(2) Bolts or dowels extending to the exterior face of the 1200 lbs. per bolt or dowel. 46 wall with a 2Y2 inch round plate under the head and drilled at an angle of 22Y2 degrees to the horizontal. Installed as specified in shear bolts. *(1 )(2) Ordinance No. 226 Exhibit "A" Page No. 19 TABLE 12-1- CONT'D 6 INFILLED WALLS Reinforced masonry infilled openings in existing unreinforced Same as values specified masonry walls with keys or dowels to match reinforcing. for unreinforced masonry walls. 7. REINFORCED MASONRY Masonry piers and walls reinforced per Section 2407 of the Same values as specified in UBC. Chapter 24, UBC. 8. REINFORCED CONCRETE Concrete footings, walls, and piers reinforced as specified in Same values as specified in Chapter 26 of the UBC and designed for tributary loads. Chapter 26, UBC. 9. EXISTING FOUNDATION LOADS • Foundation loads for structures exhibiting no evidence of Calculated existing foundation settlement. loads due to maximum dead load plus live load may be increased 25% for dead load and may be increased 50% dead load plus seismic load required by this Division. NOTES. (1) Bolts and dowels to be tested as specified in Section 8. 12. 107(6) (2) Bolts and dowels to be 112 inch minimum in diameter. Ordinance No. 226 Exhibit "A" Page No. 20 • TABLE 12-J ALLOWABLE SHEAR STRESS FOR TESTED UNRE/NFORCED MASONRY WALL Eighty Percent of Test Results Average Test Results of Cores in Seismic in-plane Shear In PSI Not Less Than PSI based on Gross Area (1) 30 plus axial stress 20 3 psi 40 plus axial stress 27 4 psi 50 plus axial stress 33 5 psi 100 plus axial stress or more 67 or more 10 psi max • (1) Allowable shear stress may be increased by addition,of 10% of the axial stress due to the weight of the wall directly above. 2_ Ordinance No. 226 Exhibit "A" Page No. 21 • GLOSSARY OF SYMBOLS AND NOTATIONS C = Numerical coefficient as specified in UBC Section 2312 (e) 2B. Co = Numerical coefficient as specified in UBC Section 2312 (g) and given in Table No. 23-P. r. = Specified compressive strength of concrete, psi. F. = Lateral forces on a part of the structure. fT = That portion of the base shear, V, considered concentrated at the top of the structure in addition to Fn. hN = Height in feet above the base to Level i, n, or x respectively. = Importance Factor given in UBC Table No. 23-L. R,y = Numerical coefficient given in Tables 23-0 and 23-Q of UBC. • V = The total design lateral force or shear at the base. W = The total seismic dead load as defined in UBC Section 2312(e)1 . W. = The weight of an element or component. Z = Numerical coefficient of 0.40 for Seismic Zone 4. r si • REPORT TO CITY COUNCIL CITY OF ATASCADERO AGENDA ITEM: D-5 Through: Ray Windsor, City Manager Mtg. Date: 8/27/91 From: Henry Engen, Com®unity Dev. Director }* File No: Subdiv. Ord. SUBJECT: Adoption of Ordinance No. 230 (Revision to the City's Subdivision Ordinance - Title 11• Atascader o Municipal Code) . ) RECOPKCHDATION: Adoption of Ordinance No. 230 on second reading by title only. BACKGROUND: On August 13, 1991, the City Council conducted a public hearing on • the above-referenced subject, and approved Ordinance No. 230 on first reading. The attached ordinance has been amended to reflect Council direction to not make any changes in Sections 11-8. 202 (Lot Dimensions) or 11-8. 209 (Flag Lots) . HE:ps Attachment: Ordinance No., 230 • I i ORDINANCE NO. 230 AN ORDINANCE OF TRZ COUNCIL OF TRZ CITY OF ATASCADZRO AMENDING TITLZ 11 OF TRZ CITY MUNICIPAL CODZ (SUBDIVISION ORDINANCZ) (City of Atascadero) WHEREAS, the City of Atascadero adopted a Subdivision Ordinance on February 9, 1988 (Ordinance No. 163) ; and WHEREAS, the Subdivision Map Act reflected in Section 66410 et seq. of the California Government Code has been amended numerous times since that date; and WHEREAS, the City Council is desirous of amending its subdivision regulations pursuant to Section 66411 of the State Subdivision Map Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on July 16, 1991 and has recommended approval of various proposed amendments to the Subdivision Ordinance; and WHEREAS, the proposed amendments have been found to be categorically exempt from the provisions of the California Environmental Quality Act; and . WHEREAS, the proposed amendments promote the public health, safety and general welfare,. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Title 11 of the City of Atascadero Municipal Code is hereby amended as shown on the attached Exhibit A, which is hereby made a part of this ordinance by reference. Section 2 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 3 . Effective Date. This ordinance shall go into effect and be in full force and • effect at 12 : 01 a.m. on the 31st day after its passage. i • Resolution No. 230 On motion by and seconded by the foregoing Ordinance is approved by the following role call vote: AYES : NOES : ABSENT: DATE ADOPTED: By: ALDEN F. SHIERS, Mayor City of Atascadero, California ATTEST: LEE RABOIN, City Clerk APPROVED AS TO CONTENT RAY WINDSOR, City Manager . APPROVED AS TO FORM: ART MONTANDON, City Attorney PREPARED BY: HENRY ENGE , Comronity Development Director • i t EXHIBIT A • SUBDIVISION ORDINANCE July 1991 Revisions 11 2 12 nn2 . res IdenL i a1 subdi-vr� Reserved. --- is other then residential . Stieh subdivision she!! eemp1y with ftPP!ie&b!e -1--perating beth 1 VViir�antii aM-1 and nenresidenti wl uses, either differentthe same land area er within of LL l _ e7...r.�L ie.v . 11-3 . 006 Lot eembinatien Mercer. Contiguous parcels under common ownership may be merged (interior lot lines may be removed) by approval of a- lot line adjustment, as provided in Section 11-3.004, together with recordation of a certificate of compliance for the new parcel . 11-4 . 107 Notice of Planning Commission hearing on tentative tract map. C. Each street frontage of property to be subdivided shall be clearly posted with a "Notice of Intent To Subdivide" provided by the Community Development Department at the time that a complete application for subdivision is filed. 11-4. 115 Awlication after denial. When any application for a tentative tract map filed pursuant to this part has been denied, no new application which is substantially the same shall be filed within one (1) year of the date of denial unless the facts upon which the City Council based its decision have changed. The Community Development Director shall determine whether facts have changed or when an application is substantially the same as the previous application. 11-4 .201 Filing of final tract map. Within twenty-four months of the date of approval or conditional approval of the tentative tract map, the subdivider may cause the boundary of the proposed subdivision or any part thereof to be surveyed and the required final tract map to be prepared and filed in accordance with these regulations and the Subdivision Map Act . When the final map is filed, either all survey markers shall be in place, or a bond shall be posted guaranteeing that all survey corners shall be placed prior to the acceptance of the • public improvements by the Council . t i EXHIBIT A 2 SUBDIVISION ORDINANCE JUNE 1991 REVISIONS 11-4 .203 Time extension. A. The Council may extend the time for filing the final tract map for a period or periods not exceeding a total of twelve menthg three (3) years. 11-4 . 301 Application. A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof. 11-5 . 001 Preparation and form of tentative map A. The tentative map shall be clearly and legibly drawn to an engineer' s scale of not less than one inch equals one • hundred feet . If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. Each sheet shall be no larger than eighteen twenty-four inches by twenty 94.-A thirty-six inches . Sheets no larger than thirty- six inches by forty-two inches may be submitted with the prior approval of the Director of Community Development. 11-5 . 002 Information on tentative map. The tentative map shall contain the following information, in addition to any other information which may be required by the Subdivision Map Act : F. The approximate location and general description of any trees ever eight inehes in diameter 4 feet abeve grade deciduous oak and/or madrone two inches (211) dbh or greater or other native trees four inches (411) dbh or greater - or the general canopy cover of clusters of trees - with notations as to their proposed retention or destruction; notations as to general type of vegetation in areas not occupied by trees; S . The location of proposed building sites and septic system leach fields shall be shown for any proposed lot having an average cross slope of -2$ 10% or greater. • 11-6 . 002 Form and contents . A. The final tract map shall be legibly drawn, printed or EXHIBIT A 3 SUBDIVISION ORDINANCE JUNE 1991 REVISIONS reproduced by a process assuring a permanent record in black on durable, transparent material . All lines, letters, figures, certificates, affidavits and acknowledgments shall be legibly stamped or printed upon the map with waterproof opaque ink. If ink is used on polyester base film, the ink surface shall be in such condition when filed so that legible prints may be made from it . An eight and one-half inch by eleven inch reduced transparency of each sheet shall be delivered to the eity Engineer Community Development Department. K. The boundary lines of the subdivision shall be clearly identified. , approximately ene eighth ineh wide, applied on the reverse side ef the traaside-the boundary shall be of sueh density that it ean be transferred to a blue line print witheut obliterating line, figure "or- other date the map. The tract boundary shall be based on record data on file at the office of the County . Recorder and must be re-established by methods commonly accepted in the field of surveying and in accordance with state law. The method of survey and basis of bearing shall be clearly indicated on the final map. R. All watercourses, storm drains and areas subject to inundation during a one-hundred-year storm shall be outlined and marked on a separate document and be filed or recorded simultaneously with the final tract map and shall be covered by easements for access and maintenance. Elevations of floodwater based on City datum shall be noted on the fftap separate document. All other natural watercourses or bodies of water shall also be delineated. The City Engineer may require that a benchmark monument or monuments be set and shown on the final map. 11-6 . 003 Title sheet of final map. The title sheet of each final map shall contain: C. A _____`__ statement signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final tract map, subject to the exceptions and under the conditions set out in Section 66436 of the California Government Code. F. In case of dedication or offer of dedication, a ___L_r___`_ • EXHIBIT A 4 SUBDIVISION ORDINANCE JUNE 1991 REVISIONS statement signed and acknowledged by those parties having any record title interest in the real property subdivided, offering certain parcels of real property for dedication for certain specified public use, subject to such reservations as may be contained in any such offer, as required by the Subdivision Map Act . If the offer includes dedication for street or highway purposes, and the council has so required, the a t_fie statement shall include a waiver of direct access rights from any property shown on the final map as abutting on the street or highway; G. The following certificates for execution as specified and as required by the State Subdivision Map Act . 1 . CITY COUNCIL' S eHP1TTTTeTT= STATECNT I hereby certify that this subdivision was duly adopted and approved and (the dedication of all streets and easements shown hereon were accepted, accepted subject to improvement, rejected without prejudice) was accepted by the Council of the City of Atascadero on , 19 , and that the City Clerk was duly authorized and directed to endorse hereon its approval of the same. Dated: . shar City Clerk 2 . CITY PLANNING COMMISSION /1C.TTTTTeAT= STATEMENT This is to certify that I have examined this map and have determined that said map substantially conforms to the tentative map as approved by the Planning Commission of the City of Atascadero on 19 and the conditions imposed thereon. Date: Henry Engen Secretary of the Planning Commission 4 . OWNER' S nn_RTTTTP-TTE ..STATEMENT (I, We) , the undersigned, hereby certify that (I, We) (are, am) (all). the owner (s) of, and all recordholder (s) of security interest in, and all parties having any record title in the real property . included within the subdivision and project shown on this map, and that each of us does hereby consent to the filing and/or recordation of this map as shewn EXHIBIT A 5 • SUBDIVISION ORDINANCE JUNE 1991 REVISIONS within he elered border line's. And we hereby ereby (add dedications or easement reservations or relinquishment of access rights . Must be specific as to type of dedication/easement and whether public or private) . We hereby dedicate to the public for public use and the benefit of the several public utility companies which are authorized to serve in said subdivision, easements for public utility purposes, delineated on said map as "Public Utility Easement" or P.U.E. . (owner) (owner) 8 . COUNTY RECORDERfS eE TIFle TT STATEMENT Filed this day of , 19 , at , M. in Book of (Parcel) Maps, at page , at the request of Document No. : Fee: By: County Recorder Deputy 10 . CITY ENGINEER' S ePART!F!eAtT= STATEMENT (TRACT MAPS ONLY) I hereby certify that I have examined this Subdivision Map, that the subdivision as shown hereon is substantially the same as it appeared on the tentative map, that all provisions of the Subdivision Map Act and the Subdivision Ordinance of the City of Atascadero have been complied with and that I am satisfied that this map is technically correct . Dated: (name) or City Engineer R.C.E. # 11 . CITY ENGINEER' S E3HRT3'FieA _ STATEMENT (PARCEL MAPS) This map conforms to the requirements of the Subdivision Map Act and local ordinances. Date: (name) City Engineer R.C.E. # 11-6. 004 Statements, documents and other data to accompany final tract map. A. If any part of an area to be subdivided, lot or parcel, is subject to flood hazard, inundation, or geological hazard, i • EXHIBIT A 6 SUBDIVISION ORDINANCE JUNE 1991 REVISIONS it shall be clearly shown on a separate document to be filed or recorded simultaneously with the final tract map. by--& Benchmark location shall be shown on the final map if required by the City Engineer. B. When a soils or geological report has been prepared, this fact shall be noted , together with the date of the report and the name and address of the soils engineer or geologist making the report and the name and address of the person making the report, on a separate document to be filed or recorded simultaneously with the final map. The note shall indicate any soil problems that exist . The City shall keep those reports on file for public inspection in the office of the Community Development Director. H. No final tract map shall be accepted unless it is accompanied by a preliminary title report and subdi - - . guarantee issued by a title company authorized by the laws of the state to write such insurance, showing the names of all persons having any record title interest in the land to be subdivided and the nature of their respective interest. The title report shall be less than ten (10) days old. 11-7 . 001 Application for lot line adjustment Application for lot line adjustment shall be in the same form as prescribed for tentative parcel maps (see Section 11-5 . 001) . r tentative mapr 11-7 .003 Procedures for lot line adiustment A. The procedures for staff review, and Bireete-rl-s action on lot line adjustments shall be as provided in Chapter 11-5 4 for tentative parcel maps. Action on lot line adjustments shall be administrative and shall not require Planning Commission action except where existing non-conforming lots are proposed to be reduced in size. C. Conditions or exactions imposed on the approval of a lot line adjustment shall be limited to those necessary to insure conformance with the City' s zoning ordinance and building regulations, facilitate the relocation of existing i EXHIBIT A 7 SUBDIVISION ORDINANCE JUNE 1991 REVISIONS utilities, infrastructure, and/or easements. Monuments shall be set at each new property corner. D. Upon acceptance of all ertif_at=s statements, guarantees, and other documents which are required in conjunction with the lot line adjustment, the Community Development Director may file a certificate of compliance, which shall refer to the approved lot line adjustment map, for each parcel affected by the change and shall cause a record of survey, deed, or a final map to be recorded in the office of the County Recorder. 1 - 02 Lot saes~•-ami dimensions . Each l0 11 have the minimum area and dimensions i ted in the zoning or nce for the zone in which it is ated, unless otherwise increase the provisions of t rticle. He peree V er Geselm Reservations lot shal nt on a street, or approved ingress and egress a ent . 11-8 .203 Solar orientation. The longest dimension of each lot she!! should be oriented within thirty degrees of south, unless the subdivider demonstrates that for certain lots : 11-8 .207 Lot Lines. B. Side lot lines should be perpendicular to the street on straight streets, or radial to the street on curved streets, unless another angle would provide better building orientation for solar exposure or more lot area to the south of the likely building site, or unless another lot configuration would better suit the site topography or planned design of the development. - lacr lots (deep lot subdivisions) . Lelots may d for subdividin s subject to ollowing findings : ivision is consistent with haracter of t ate neighbor the installation st reet, either alone or in conjunctio EXHIBIT A 8 SUBDIVISION ORDINANCE JUNE 1991 REVISIONS ghboring properties is not feasible; and (3) the flag lot jus ' ied by topographical conditions. Such subdivisions 11 confor ith the following. B. The ori al lot shall have frontage on a de ' ated street of at least he minimum length required b ese regulations for the zone i which it is located, p the accessway required to poten al rear lots . C. The accessway to the ar shall at least twenty feet wide r residential zones, where the feur feet wide with lots --a to gex*ed by the Mccessway.• Fo all her zones, the accessway shall be at least thirty fe wide with a paved roadway at least twenty-four feet wide. 11-10 .006 Inspection of improvement work All improvements shall be constructed under the inspection of the City Engineer and the subdivider shall cause all such improvement work to be inspected al all times as the City Engineer may establish. The subdivider shall obtain an encroachment permit, pay an inspection fee in an amount established by resolution of the City Council, and enter into an Inspection Agreement, prior to the commencement of construction of the improvements as specified in the Encroachment Permit Ordinance. NOTE: 1 . Language to be added shown bold. 2 . Language to be deleted shown struck e1+ . REPORT TO CITY COUNCIL Agenda Item: D-7 CITY OF ATASCADERO Through: Ray Windsor , City Manager Meeting Date: 8/27/91 From: Mark Joseph , Administrative Services Director SUBJECT: Contracting for Sales Tax Analysis Services RECOMMENDATION: Staff recommends Council adopt Resolution 72-91 , authorizing the Mayor to execute an agreement with Hinderliter , deLlamas & Associates (HDA) for sales tax auditing and analysis services. BACKGROUND: At Council ' s July 23, 1991 session, this issue was first discussed . Council directed staff to compare the costs of providing the services in-house versus contracting for the • service. ANALYSIS Staff compared HDA with a software package available through a joint effort between the Cities of Marysville and Yuba City. At $300 per month , staff would receive a variety of services from HDA, outlined in their attached letter dated May 7, 1991 . Needless to say, some services may be more important than others, such as assuring the City receives its "fair share" of sales tax and the specialized reports. In contrast , purchasing software would cost a one-time $1 ,500. Staff time to maintain the database (for example, updating address files) and running regular reports is estimated at 20 hours per month . Special projects and reports are assumed to take approximately 20 hours per project and we speculate 5 projects per year might arise. Total labor is thus 340 hours annually. At the Assistant Finance Director ' s salary, ( including benefits) this would cost the City roughly $9,500 in labor . This cost could be reduced if Finance added a part-time intern at roughly the cost of the contract service ($3,600 annually ) . At this point , however , we would have to consider intangible costs, such as training, supervision and office space. The " in-house" option would have other downsides as well . There are no graphics included in the purchased software, the level of expertise would be less; and the tax audit feature would be substantially curtailed. Staff also recontaced Paso Robles and San Luis Obispo City to confirm their satisfaction with the contract service. Both Cities responded favorably and noted even their Councilmembers look forward to the reports. FISCAL IMPACT The increased cost to the City is the $3,600 annual contract . Sufficient monies are included in the Finance Department ' s operating budget. In the event additional sales tax revenues are discovered , the service could more than pay for itself. • . , Hinderl #er a as Revenue Management For Local Government 2220 E. Alosta Avenue, Suite 205 • Glendora, CA 91740 • (818) 963-9044 May 7, 1991 1RECEIVE0 MAY 13 1991 CITY MGR. Ray Winsor City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Ray: With sales tax becoming the single largest source of general funds monies for California • cities, more agencies are initiating a systematic program for maximizing those revenues. Our firm provides a low cost service designed to that goal by: 1. Auditing and correcting "point-of-sale" misallocation through specialized computer analyses, cross directory checks, field investigation, and personal, telephone, and letter contacts with individual businesses and the Board of Equalization. 2. Working with individual businesses on possible changes in processes or procedures which return a greater portion of the sales tax being paid back to the local community. 3. Providing specialized quarterly and monthly reports that analyze each city's sales tax activity by individual business, business category, and designated geographic areas including special reports to monitor any sales tax sharing agreements. 4. Monitoring aberration in quarterly sales tax allocations and initiate correction of errors before funds are lost. 5. Improving budget accuracy by providing special reports to reconcile Board of Equalization advances, clean-up payments, and pool allocations with budget projections. RayWinsor Page Two May 7, 1991 6. Providing on assistance and data to support redevelopment negotiations, planning, and revenue projections related to sales tax. This includes working vv�th the city's development or planning staffs to identify potential sales tax producers that are compatible with the community's environmental goals. 7. Supporting business license collection efforts by installing the Board of Equalization's permit information for "in city" businesses on the city's PC. Printouts of monthly registration changes are included as part of this service. The service is more cost effective than can be achieved through an "in-house" effort and is usually self supporting. Some California Agencies that use our service include: Augora Hills Elaine Graves, Finance Director 818 889-9114 Martinez Ronald Peterson, Finance Director 415372-3577 Lompoc John Walk, Finance Director 805736-1261 Los Altos Dianne Gershuny, Asst. City Manager 415948-1491 Paso Robles Bob Latta, Dir. of Comm. Development 805238-1529 San Luis Obispo Bill Statler, Finance Director 18051549-7130 . The enclosed contract proposal outlines the service in more detail. Samples of some of the reports that we provide as part of the service are also enclosed. If you do not already have such a program in place, I would be happy to stop by and demonstrate the computer program that is included as part of the service and review the potential benefits in more detail. +:t mas Enclosures 40 RESOLUTION NO. 72-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HINDERLITER, DELLAMAS AND ASSOCIATES TO PERFORM SALES TAX REVENUE SERVICES. The City Council of the City of Atascadero , California, hereby resolves as follows: 1 . The City Manager is hereby authorized to execute an agreement with : Hinderliter , DeLlamas & Associates to perform sales tax and other revenue management services , and all other agreements or documents required to effectuate the terms of agreement . 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to : appropriate funds, if necessary ; release and expend funds; and issue warrants to comply with the terms of this agreement . PASSED AND ADOPTED at a regular meeting of the city Council of the City of Atascadero held on the day of July , !991 . CITY OF ATASCADERO, CALIFORNIA Alden Shiers , Mayor ATTEST : Lee Raboin, City Clerk ,i` AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES This Agreement is made and entered into as of the day of , 1991 by and between the CITY OF ATASCADERO, a municipal corporation hereinafter called CITY, and HINDERLITER, DE LLAMAS AND ASSOCIATES a California Corporation, hereinafter called CONTRACTOR. RECITALS WHEREAS, sales tax revenues can be increased through: a system of continuous monitoring, identification and correction of"point of sale" allocation errors and; WHEREAS, an effective program of sales tax management will improve identification of sales tax opportunities as they relate to economic development and provide for more accurate sales tax forecasting; and WHEREAS, City desires the combination of data entry, report preparation, and data analysis necessary to effectively manage the municipal sales tax base and recover revenues erroneously allocated to other jurisdictions and allocation pools; and WHEREAS, Contractor has the programs, equipment and personnel required to deliver the sales tax services referenced herein; THEREFORE, City and Consultant, for the consideration hereinafter described, mutually agree as follows: 1 • SERVICES The Contractor shall perform the following services: A. Sales tax and economic analysis 1. Contractor shall establish a special data base that identifies the name, address and quarterly allocations of the major sales tax producers within the City for the most current and previous four quarters from the date of this agreement. Major sales tax producers are defined as those businesses meeting a quarterly revenue threshold determined by City. Since 100% of the business outlets registered with the Board of Equalization are tracked monthly, this major producers data base is designed to highlight the activities of major businesses. A second data base covering the same period will be established showing total sales tax receipts for each business category identified b the Board of g rY Y Equalization. These data bases will be utilized to generate special reports to the City on: major sales tax producers by rank and category, analysis of sales tax activity by category and business districts or redevelopment areas specified by City, analysis of reporting aberrations, and per capita and outlet comparisons with state wide sales. 2. Contractor shall provide up-dated reports each quarter identifying changes in sales by major outlets and by category; area growth and decline comparisons; and current graphics, tables, and top 100 listings. Quarterly aberrations due to State audits, fund transfers, and receivables along with late or double payments will be identified. i 2 i 3. Contractor will additionally provide an analysis for the City or its Redevelopment Agency shay h g cy to a with Chambers of Commerce and other economic development interest groups that analyze City's sales tax trends by major groups, and geographic areas without disclosing confidential information. 4. Contractor will provide annual reports for the Administrator and Ci Council P City identifying historical growth comparisons with state county, selected city averages and C.P.I. indices; top producer listings and make up and volatility of the economic base. Annual reconciliation worksheets to assist Finance Officers with budget forecasting will also be provided. 5. Contractor shall make available to City Staff the HdL DATA computer program and data base containing sellers permit information for all in-city business outlets registered with the Board of Equalization. In addition, contractor shall process for City the monthly registration and allocation files provided by the Board in magnetic media. Printouts of registration changes and dollars allocated by business name and number will be provided from these files on a monthly basis. B. ' Allocation Audit and Recovery 1. Contractor shall conduct an initial and on-going sales tax audit in order to identify and correct "point-of-sale"distribution errors and thereby generate previously unrealized sales tax income for the City. Common errors that will be monitored and corrected include: transposition errors resulting in misallocation; erroneous consolidation of multiple outlets; misreporting of "point of sale" from the wrong location; delays in reporting new outlets; misidentifying transactions as a "use tax" rather than a "sales tax," and erroneous fund transfers and adjustments. 3 2. Contractor will initiate contacts with the appropriate sales management and accounting officials in companies that have businesses where a probability of error exists to verify whether current tax receipts accurately reflect the local sales activity. Such contracts will be conducted in a manner to encourage local business retention and expansion. 3. Contractor shall prepare and submit to the Board of Equalization all information necessary to correct any allocation errors that are identified and shall follow-up with the individual businesses and the State Board of Equalization to ensure that all back quarter payments due the City are recovered. 4. If during the course of its audit, Contractor finds businesses located in the City that are properly reporting sales tax but have the potential for modifying their operation to provide an even greater share to the City, Contractor will work with those businesses and the City to encourage such changes. C. On Going Consultation Contractor shall work with City and City Redevelopment Agency Staffs on questions related to tenant mix alternatives for maximum sales tax returns; advise City business license staff on utilization of reports to enhance business license collection efforts; provide sales tax projections on specific projects for redevelopment negotiation and city budget purposes; and provide sample reports, letters and programs to enhance the sales tax base through improved economic development efforts. 4 i CONFIDENTIALITY Section 7056 of the State of California Revenue and Taxation code specifically limits the disclosure of confidential taxpayer information contained in the records of the State Board of Equalization. This section specifies the conditions under which a City may authorize persons other than City officers and employees to examine State Sales and Use Tax records. The following conditions specified in Section 7056 (b), (1) of the State of California Revenue and Taxation Code are hereby made part of this contractual agreement. A. Contractor is authorized by this Agreement to examine sales and use tax records of the Board of Equalization provided to City pursuant to contract under the Bradley-Burns Uniform Sales and Use Tax Law. B. Contractor is required to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information. C. Contractor is prohibited from performing consulting services for a retailer, as defined in California Revenue & Tax Code Section 6015 during the term of this agreement. D. Contractor is prohibited from retaining the information contained in, or derived from those sales and use tax records, after this Agreement has expired. Information obtained by examination of board records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by � resolution eso ution ado ted pursuant to Section 7056 b of the Revenue and taxation Code. The P P ( ) 5 resolution shall designate the Contractor as a person, authorized to examine sales and use tax records and certify that this Agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code. CONSIDERATION A. Contractor shall establish the sales tax and audit data bases and shall provide the monthly and quarterly updates referenced above for a fee of $300.00 per month, invoiced quarterly (hereafter referred to as "monthly fee"). B. Contractor shall be further paid 15% of all new Sales and/or Use tax revenue received by the City as a result of audit and recovery work performed by Contractor (hereafter referred to as "audit fees"). New sales and/or use tax revenue shall not include any amounts determined by City or Contractor to be increment attributable to causes other than Contractor's work pursuant to this agreement. In the event that Contractor is responsible for an increase in the tax reported by businesses already properly making tax payments to the City, it shall be Contractor's responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee. Said audit fees will apply to state fund transfers received for back quarter reallocations and monies received in the first eight consecutive reporting quarters following completion of the audit by Contractor and confirmation of corrections by the State Board of Equalization. Contractor shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees. Contractor shall obtain City approval prior to beginning the work of correcting tax reporting methodology or "point of sale" for specific businesses where said payment of the percentage fee will be expected. Said approval shall be accomplished by the City Administrator or his representative designated on the Sales Tax Audit Authorization 6 form, a copy of which is attached as "Exhibit A. City shall pay audit fees upon* Contractor's submittal of evidence of State Fund Transfers and payments to City from businesses identified in the audit and approved by the City. C. Above sum shall constitute full reimbursement to Contractor for all direct and indirect expenses incurred by Contractor in performing audits including the salaries of Contractor's employees, and travel expenses connected with contacting local and out-of- state businesses and Board of Equalization representatives. CITY MATERIALS AND SUPPORT City shall adopt a resolution in a form acceptable to the State Board of Equalization and in compliance with Section 7056 of the Revenue and taxation Code, authorizing Contractor to examine the confidential sales tax records of City. City further agrees to provide any 0 information or assistance that may readily be available such as business license records within the City and to provide Contractor with proper identification for contacting businesses. City further agrees to provide copies of the monthly allocation reports received for the most recent five quarters from the execution of this agreement and to continue to provide copies of future allocation reports on computer readable magnetic media until such time as all audit adjustments have been completed by the State Board of Equalization and percentage reimbursements due the Contractor have been paid. 7 TERMINATION This Agreement may be terminated by either party by giving 30 days written notice to the other of such termination and specifying the effective date thereof. Upon the presentation of such notice, Contractor may continue to work through the date of termination. Upon termination as provided herein, Contractor shall be paid the value of all tax analysis and reporting work performed less payments previously made by City. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to amounts due for any unpaid invoices, and to businesses identified by Contractor which make tax payments after termination of this Agreement as a result of Contractor's work. After City receives said tax payments for such businesses, Contractor shall be paid the audit fees resulting from tax payments made by the business for back quarter reallocations and the first eight consecutive reporting quarters following completion of the audit by Contractor and confirmation of corrections by the State Board of Equalization. Compensation for any audit work previously authorized and satisfactorily performed shall be made at the times provided in the preceding section entitled "Consideration." All documents, data, surveys and reports prepared by Contractor pursuant to this Agreement shall be considered the property of the City and upon payment for services performed by Contractor, such documents and other identified materials shall be delivered to City by Contractor. INDEPENDENT CONTRACTOR Contractor shall perform the services hereunder as an independent contractor and shall furnish such services in his own manner and method, and under no circumstances or conditions shall any agent, servant, or employee of Contractor be considered as an employee of City. 8 NON-ASSIGNMENT This Agreement is not assignable either in whole or in part by Contractor without the written consent of City. ATTORNEY'S FEES In the event a legal action is commenced to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. GOVERNING LAW The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall also govern the interpretation of this agreement. INDEMNIFICATION Contractor hereby agrees to, and shall hold City, its elective and appointive boards officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from Contractor's willful or negligent acts, errors or omissions or those of its employees or agents. Contractor agrees to and shall defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid willful or negligent acts, errors or omissions. 9 City hereby agrees to, and shall hold Contractor, its officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from City's negligent acts, errors or omissions under this Agreement. City agrees to and shall defend Contractor and its officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions. NOTICE All notices required by this Agreement shall be given to City and Contractor in writing, by personal delivery or first class mail postage prepaid, addressed as follows: City: CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Contractor: HINDERLITER, DE LLAMAS, & ASSOCIATES 2220 E. Alosta Avenue, Suite 205 Glendora, CA 91740 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf. CITY: CITY OF ATASCADERO Mayor City Clerk CONTRACTOR: HINDERLITER, DE LLAMAS &ASSOCIATES A California Corporation APPROVED AS TO FORM: City Attorney 11 SAMPLE SAMPLE EXHIBIT A Sales Tax Audit Work Authorization No. The following business or businesses, located in the City of , have been identified as having the potential for generating additional sales tax revenue to the City of . Contractor is hereby authorized to contact the given business(s) and the State Board of Equalization to verify the accuracy of the current reporting methodology and obtain the necessary documentation for the Board of Equalization, to modify allocation formulas, and to return previous misallocated revenue that may be due to City. Contractor's compensation shall be 15% of the new sales and/or use tax revenue received by the City as a result of audit and recovery work performed by Contractor, as set forth in the Agreement between Contractor and City dated , 1990. CITY OF By: Date HINDERLITER, DE LLAMAS AND ASSOCIATES By: Date 12 REPORT TO CITY COUNCIL AGENDA ITEM: D-8 CITY OF ATASCADERO VIA: Ray Windsor, City Manager Mtg. Date: 8/27/91 FROM: Henry Engen, Community Development Director *v& SUBJECT: Appearance Review Commission proposal. RECOMMENDATION: Calendar consideration of an Appearance Review Commission at the same time staff brings forward Draft Amended Appearance Review Guidelines. BACKGROUND: At the Council' s July 23, 1991 meeting, the Mayor requested that the subject of possibly establishing an Appearance Review Commis- sion be placed on a future agenda for discussion. ANALYSIS: Included as part of this Fiscal Year' s work program is a complete review and, update of the City's Appearance Review Guidelines. These guidelines were adopted by resolution and their revision would require City Council action. Staff would, therefore, suggest that evaluation of the possibility of establishing an Appearance Review Commission be considered at the same time that the guide- lines are up for review. In terms of timing, our focus right now is on the General Plan Up- date and EIR, the hearing process for which began August 20th. This must be followed by a comprehensive re-write of the Zoning Ordinance to be both consistent with the General Plan Update and to address specific problems identified by the Council and Planning Commission, including guest houses, sidewalk sales, establishment of a separate Sign Ordinance, etc. Therefore, we'd expect Appearance Review Guidelines to be ready for review early in 1992. HE:ph cc: Steve DeCamp, City Planner Robert Malone, Assistant Planner