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HomeMy WebLinkAboutAgenda Packet 07/16/2003 NOTICE OF A SPECIAL MEETING ATASCADERO CITY COUNCIL Wednesday, July 16, 2003 *PUBLIC REVIEW COPY 4:00 p.m. Please do rvt remove from aouttgr City of Atascadero 6500 Palma Avenue, Room 102 Atascadero, California ROLL CALL: PUBLIC COMMENT: A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. Final Parcel Map 2003-0053 (Parcel Map AT 02-278) [TTM 2002-0032] 2605 Traffic Way (Masonic Lodge) (Gearhart/Wilson) • Fiscal impact: None. ■ Staff recommendation: Council: 1. Accept Final Parcel Map 2003-0053 (Parcel Map AT 02-278) 2. Accept offers of dedication for Public Park, streets, public drainage easements, public utility and access easements. 3. Authorize City Manager to execute Subdivision Improvement Agreement with owner. [Public Works] 2. Teen After-School Program Agreement with San Luis Obispo County ■ Fiscal impact: $40,000.00 to fund after-school recreation programs for teens during fiscal year 2003/2004. ■ Staff recommendation: Council authorize the City Manager to execute an agreement with the County of San Luis Obispo Department of Social Services to fund the Recreation, Education and Community (R.E.C.) program for fiscal year 2003-2004. [Community Services] ADJOURNMENT: STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) CITY OF ATASCADERO ) MARCIA MCCLURE TORGERSON, being fully sworn, deposes, and says: That she is the duly elected City Clerk of the City of Atascadero and that on Thursday, July 10, 2003, she caused the above Notice to be posted on the doors of the City's Administration Building,6500 Palma Avenue in Atascadero,California. MARCIA MCCLURE TORGERSON City Clerk City of Atascadero ITEM NUMBER: A-1 DATE: 07/16/2003 79 Atascadero City Council Staff Report—Public Works Department Final Parcel Map 2003-0053 (Parcel Map AT 02-278) [TTM 2002-0032] 2605 Traffic Way (Masonic Lodge) (Gearhart/Wilson) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2003-0053 (Parcel Map AT 02-278) 2. Accept offers of dedication for Public Park, streets, public drainage easements, public utility and access easements. 3. Authorize City Manager to execute Subdivision Improvement Agreement with owner. DISCUSSION: The City Planning Commission adopted a resolution approving Tentative Tract Map 2002-0032 on March 4, 2003. The Tentative Tract Map approved the subdivision of one existing parcel of 5.62 acres to four lots of 1.37, 1.37, 1.37 and 1.51 gross acres each at 2605 Traffic Way. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends accepting the offers of dedication for Public Park, streets, public drainage easements, and public utility and access easements. Staff has determined that the Final Parcel Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Parcel Map 2003-0053 (Parcel Map AT 02- 278) Exhibit B: Subdivision Agreement Page 1 of 10 Exhibit A Final Map 2003-0053(Parcel Map AT 02-278) 2605 Traffic Way It Al A lug Ws � g s IL THE;11114 Orr V Ob Q i I a .. atei3 ti r w Lip tizoo ii 7 40*,]It e a g E ¢ `�s/. ■xu alaw. CVOY g Page 2 of 10 ITEM NUMBER: A-1 Exhibit A Final Map 2003-0032(Parcel Map AT 02-278) 2605 Traffic Way F r aem1�Y OVOM OIRM NV8 "s.ml iattiaca" _ <F_ s - e Fnu r.+n•�w.arca 1 tt �w � � x § a4m 001HO I �b5 $$gg� kip' .. 6 �Rtt O .E. DIA y o� °. 'Ell I @BBBB l $ I 3 a __aJt t . i R S 4p +Q � 'Y "omt t mm 1 1 Mh ren/la'GLI. �I I ' Ell 1! o p 1.. F yi LI QQ55 ]NtaOIM �� t °d QVW ON3N1.Od I R a E Qy -VAL'W, 3da.KAcr' } �1�ar���1��p Y 'Q 1pi. YY4JO aJLiL'l0 nip . _t. L�^` 4 U Page 3 of 10 Exhibit B Final Parcel Map 2003-0032(Parcel Map AT 02-278) 2605 Traffic Way FOR RECORDER USE ONLY RECORDING REQUESTED BY: City of Atascadero WHEN RECORDED MAIL TO: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA. 93422 CITY OF ATASCADERO SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT:' NAME OF SUBDIVIDER: KELLY GEARHART SUBDIVISION: Parcel Map AT 02-278 ESTIMATED TOTAL COST OF IMPROVEMENTS: $103,396.35, including an onsite storm water detention basin or offsite drainage improvements. This Agreement made and entered into by and between the City of Atascadero, a municipal corporation of the State of California (hereinafter referred to as "City") and KELLY GEARHART (hereinafter referred to as "Subdivider"). RECITALS A. Subdivider has presented to the City Council of the City of Atascadero Parcel Map AT 02-278 for approval but not all of the improvements required or conditions imposed by Title 11, Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero Municipal Code have been completed or performed. B. Subdivider desires to record Parcel Map AT 02-278 after the same has been approved by the City Council of the City of Atascadero. C. The Subdivision Laws establish as a condition precedent to the approval of a parcel map that Subdivider must have either completed, in compliance with City Standards, all of the improvements and land development work required by Parcel Map AT 02-278 or have Page 4 of 10 ITEM NUMBER: A-1 DATE: 07/16/2003 entered into a secured agreement with City to complete the improvements and land development within a period of time specified by City. D. In consideration of approval of Parcel Map AT 02-278 by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at the Subdivider's own expense, all of the public improvement work required by City in connection with Subdivision, including an onsite storm water detention basin or offsite drainage improvements. E. Improvement Plans for the construction, installation and completion of the improvements have been prepared by Subdivider and approved by the City Engineer. The Improvement Plans for Parcel Map AT 02-278 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The Estimated Total Cost of Improvements is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. Subdivider recognizes that by approval of Parcel Map AT 02-278, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the subdivision, and has taken the final act necessary to construct the public improvements within the subdivision. As a result, City will be damaged to the extent of the cost of installation of the improvements by Subdivider's failure to perform its obligations under this Agreement, including, but not limited to, Subdivider's obligation to commence construction of the improvements by the time established in this Agreement. City shall be entitled to all remedies available to it pursuant to this Agreement and law in event of a default by Subdivider. It is specifically recognized that the determination of whether a reversion to acreage or rescission of Parcel Map AT 02-278 constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of City. NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal Code, Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of the approval by the City Council and the filing of Parcel Map AT 02-278, the parties hereto do promise and agree one with the other as follows: 1. Subdivider is to make and complete all of the improvements for Parcel Map AT 02-278 as shown on the Improvement Plans thereof and as required and set forth in Title 11, Chapter 8, Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, or as amended. 2. It is further understood and agreed by and between the parties hereto that the improvements as required by the conditions of approval for Parcel Map AT 02-278 shall be completed within one year from the Date of Agreement. These improvements include, but are not limited to the following: those shown on the plans accepted by the City Engineer and on attached Exhibit A. Page 5of10 ITEM NUMBER: A-1 DATE: 07/16/2003 3. The Subdivider promises and agrees to complete all improvement work referred to hereinabove to the satisfaction of the City Engineer. 4. If said improvement work is not completed within one year of the Date of Agreement, the Subdivider agrees that the City may elect to complete the same. 5. In the event the City elects to complete said work or improvement, the Subdivider agrees that the City may exercise its option to declare the bond or deposit, as hereinafter described, forfeited and utilize the proceeds, including any interest, to complete said improvements or that the City may complete said improvements and recover full cost and expense thereof including reasonable attorney fees from the Subdivider and his/her surety. 6. The Subdivider shall, prior to submitting the map for filing, file an improvement security with the City, in`a form acceptable to the City Attorney, in the amount of the Estimated Total Cost of Improvements, which is the amount deemed sufficient by the City Engineer. In no case shall the improvement security be less than 100% of the Estimated Total Cost of Improvements. Further, the Subdivider shall file a security for labor and materials in the amount of the Estimated Total Cost of Improvements. The security for labor and materials shall be no less than 50% of the Estimated Total Cost of Improvements. Periodic progress payments may be authorized to the Subdivider as the improvements are completed if adequate security remains as determined by the City Engineer, however, no such progress payments shall be made for more than 90% of the value of any work. Progress payments shall only be paid on work that is completed to the satisfaction of the City Engineer. 7. The Subdivider hereby agrees that after the completion and acceptance of the improvements as specified in paragraphs 2 and 3, 10% of the improvement security shall be retained for the guarantee and warranty of the work for a period of one year. 8. It is understood and agreed by and between the parties hereto that this Agreement shall bind the heirs, executors, administrators, successors, and assigns of the respective parties to this agreement. 9. In the event legal action is taken to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover costs to enforce the Agreement, including reasonable attorney fees. 10. The Subdivider shall, defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance and attempted performance of the provisions hereof, or in any way arising out of this Agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Property Owner or of agents, employees, or independent contractors ,directly responsible to the Property Owner, providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Applicant, the Property Page 6 of 10 ITEM NUMBER: A-1 DATE: 07/16/2003 Owner's agents, employees, or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require the Property Owner to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. 11. Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City. 12. Sale or other disposition of this property will not relieve Subdivider form the obligations set forth herein. Subdivider agrees to notify City in writing at least 30 days in advance of any actual or pending sale or other disposition of the property. If Subdivider sells the property or any portion of the property within the Subdivision to any other person, Subdivider may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, Subdivider may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Paragraph 2 for the work or improvement done by Subdivider. 13. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on > the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City: City: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subdivider: Kelly Gearhart 6205 Alcantara Atascadero, CA 93422 Surety: Hurst Financial Corporation 7340 Morro Road Atascadero, CA 93422 14. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 15. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. Page 7of10 ITEM NUMBER: A-1 DATE: 07/16/2003 16. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of City, the appropriate party shall be the City Manager. Page 8 of 10 ITEM NUMBER: A-1 DATE: 07/16/2003 IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has caused these presents to be signed by its duly sworn and authorized officers the day and year first hereinabove written. CITY OF ATASCADERO SUBDIVIDER: By: (Notarize signature) Wade G. McKinney City Manager Attest: Marcia M. Torgerson City Clerk Approved as to content: Steven B. Kahn, P.E. City Engineer Approved as to form: Roy A Hanley City Attorney Page 9 of 10 ITEM NUMBER: A-1 DATE: 07/1612003 Exhibit A R' 1RdRdF� { �M,.'f.ljefy, l++ gR�dFM a^ ikhwS' ;*1 wsPt i r d Utsk+pa+" {gglr.s y-�sdrsr tt'Flipsx ; el.trx,r' aa, t h r aw" S'P{I�rprfll rfl ls�+r I M14N4,t f,x N{p# I� y nes xlsnMAre y�I�f( a NS'at i:.�t yn 9'� ithtt'In3 '�r 1 r tri$,.y,W+r'1", rt2YT1 45�YI�Y", I+A.kI '+ 1V`Y+'iS^,Txr?Ph!tx, ss;•MNidEd4Yg9Ypr!d# fii� MR G'agMA � dtfaNlststrt,p'NI't#'I"in `s Aa,4 'R H`:a a:susrysf7itxwaw'rrhrx,RS t;,, hii r re :tI�yfv�v! rs�x,l3�x ) �R�wR, #i,} 4,0004'a PµdiFl�lrh n P E t a Y s: to ieaki r g7n sn is rmrk c, ..PL "M(YYe1tIe..,1k:fAF rr:l�1'"X.Si'tl:itMYYEhh{,d{!.IYroN��151Rfi�d..:ki.L;•# ilLYi3:k�itA.§S Rkk11nIU[IIGr#f.tlit,.U tlM.�-0f�AY'.1..54.iS.l�.Mfdda ...19�a.diYwnaF..i: No. Item Description Quanity Units Unit Cost ftem Total Totals 1 Mobilization 1 LS $2,500:00 $2,500.00 Mobilization Total $2,500:00 2 Site Clear and Grubb 0 LS $0.00 $0.00 $0:00 3 Demolition a asphaltsawcutting 1590 LF $2.00 $3,180.00 b.asphalt removal 3174 SF $0.79 $2,507.46 Demolition Total $5,687.46 4 Earthwork a cut 175 CY $4.00' $700:00 b:overexcavation and recompact subgrade 403 CY $6.75 $2,720.25. Earthwork Total $3,420.25 5 Road:Surface Improvements a traffic control 1 LS' $1,000.00 $1,000.00 b 2.5"Type"B"asphalt paving 11320 SF $2:82 $31,922.40 c Class 2 aggregate base 200 CY $47.00 $9,400.00 d asphalt overlay 1790 SF $0.56 $1,002.40 e striping 2270 LF: $.1.47 $3,336.90 Road Surface Imp.Total $46,661.70 rb6 Drainage and Erosion Control sedimentation barriers and maintanace 1 LS $1000.00 $1.000.00 Drainage and EC Total $1.000.00 Water System Improvements tie in to existing water main 1 EA. $500:00 $5.00.00 b 1"lateral wtmeter 2 EA. $600:00 $1,200.00 Water System Imp.Total $1,700.00 9 SITE UTILITIES a gas 50 LF $6.00 $300.00 Site Utilities Total $300.00 SUB-TOTAL $61,269,41 10 Oacellansous a Surveying J Const,Layout 1 LS. $81000;00 b Inspection!Testing 1 LS $8,000.00 c 10%Contingency $6,126.94. Miscellaneous Total .126.94 G D T TAL L $83;396.35 i. 4. 69 Russe ST pson,PE 43,0 p:3-31-04 VO- 201 003. 0 S °fsA �° , c 410-5,3963' Final Map 2002-0047(Tract 2489) Page 10 of 10 ITEM NUMBER: A-2 DATE: 07/16/2003 Iola � ye s Atascadero City Council Staff Report - Community Services Department Teen After-School Program Agreement with San Luis Obispo County RECOMMENDATION: Council authorize the City Manager to execute an agreement with the County of San Luis Obispo Department of Social Services to fund the Recreation, Education and Community (R.E.C.) program for fiscal year 2003-2004. DISCUSSION: The City of Atascadero Department of Community Services currently conducts the Recreation, Education and Community (R.E.C.) program, a free After-School Program for teens, on the campus of Atascadero Junior High School. This program provides free directed and supervised activities for Atascadero teens. For the past three years, the County of San Luis Obispo Department of Social Services has provided the funding for this program. Previously, funding was provided jointly by the City of Atascadero and the Atascadero Unified School District. The attached agreement will continue the current funding arrangement with the County for fiscal year 2003-2004. The City, County and the School District have several goals in providing the R.E.C. program, some of which include: ■ To set up a "Peers Ears" program ■ To start youth on physical fitness training ■ To provide monthly excursions primarily educational in nature. ■ To provide a variety of recreational field trips ■ Develop an introduction to an Art and Design Program ■ Provide age-appropriate job readiness training. ITEM NUMBER: A-2 DATE: 07/16/2003 The County of San Luis Obispo Department of Social Services (DSS) has set program goals for the outcomes mentioned above, and has again offered to provide forty thousand dollars ($40,000.00) in funding for the R.E.C. program during the fiscal year 2003-2004. County DSS staff participating on the Atascadero Youth Task Force sought these funds from the County of San Luis Obispo in order to expand the R.E.C. program because it may increase the number of CalWORKS participants who work. By providing safe directed activities for teens after school, some Atascadero CalWORKS participants may have additional incentive to work, as an adequate and dependable supply of childcare and after-school programs help contribute to increased work productivity for parents as well as decreased tardiness and absenteeism. The City of Atascadero is not obligated under the terms of this agreement to verify any of the specifically stated desired outcomes. Specific performance measures have been established this year to monitor the success of the R.E.C. program. These performance measures are the following: 1. Pre and post-tests for 50% of students attending and will demonstrate a 25% increase in developmental assets. 2. The R.E.C. program will serve 30 to 50 youth daily. 3. Positive connections between students and the community will be measured counting the number of community-based contacts made available, with a minimum of eight (8) contacts. 4. Female attendance will demonstrate a 10% increase from the previous year. 5. To reduce the number of after-school discipline or detention incidents by 10%. City of Atascadero staff will work closely with Atascadero Unified School District staff to monitor our progress toward achieving the above-stated performance measures. Staff is recommending that the City Council authorize the signing of this agreement between the City of Atascadero and the County of San Luis Obispo Department of Social Services, allowing for the continued funding of the R.E.C. program. FISCAL IMPACT: $40,000.00 to fund after-school recreation programs for teens during fiscal year 2003/2004. ATTACHMENT: Agreement 12