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
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Page 2 of 10
ITEM NUMBER: A-1
Exhibit A
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2605 Traffic Way
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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
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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
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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
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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