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HomeMy WebLinkAboutAgenda Packet 07/28/1987 NOTE: THERE WILL BE A CLOSED COUNCIL SESSION AT 6 :00 P.M. IN THE . ADMINISTRATION BUILDING FOURTH FLOOR CLUB ROOM REGARDING: * Real Property Negotiations - Police Chief * Personnel Matters * Labor Relations A G F N P A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING FOURTH FLOOR, ROTUNDA ROOM JULY 28, 1987 7:30 P. M. RULES OF PUBLIC PARTICIPATION * Members of the audience may speak on any item on the agenda. * A person may speak for three (3) minutes. If a group has a spokesperson, the spokesperson 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 alloted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comment ** Discussion Regarding Direct Election of Mayor (Approximate Time - 30 Minutes) COMMUNITY FORUM The City Council values and encourages exchange of ideas and comments from you the citizen. The public comment 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: 1 0 0 * 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 questions shall be asked of a Council Member or City staff without permission of the Mayor. * No person shall be allowed to make slanderous, profane, impertinent, or personal remarks against any Council Member. * Any person desiring to submit written statements may do so by forwarding to Council, prior to the Council Meeting, nine (9) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceeding the Council Meeting. A. CONSENT CALENDAR All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed be- low. There will be no separate discussion of these items. A member of the Council or public may, by request, have any item removed from the Consent Agenda, which shall then be added to and taken up at the end of the "New Business" section of the agenda. 1. Approval of Minutes of the Special Council Meeting of June 30, 1987 2. Approval of Minutes of the City Council Minutes of July 14, 1987 3. Approval of City Treasurer ' s Report - June, 1987 4. Approval of Finance Director ' s Report - June, 1987 5. Denial of Claim by Paul Recore for Damages Totaling $2,666.77 6. Authorization for Mayor to Enter into Annual Lease Agreement with: (Cont'd from 7/14/87) A. Richard Oswald - Duck Hut Concession, Atascadero Lake B. Richard Oswald - Pop' s Tackle Shop Concession, Atascadero Lake 7. Report on Disposition of Johnie Jordan' s Parcel Description - 7905 Carmelita (Cont'd from 7/14/87) 8. Resolution 77-87 —Adoption of Sewer Assessments - Sanitation Assessment District #4 (Separado/Cayucos Roads) and Placement on 1987/88 Property Tax Roll 9. City Council to Authorize Administrative Services Director to Enter into Agreement with Cooperative Personnel Services - Personnel Testing Services 2 0 0 10. Approval of Tentative Parcel Map 19-87 - 2800 Ardilla Road - • Resubdivision of 6 Parcels Totaling 30. 26 Acres into 6 Lots (four at 3.48 Acres Ea, one at 6.96 Acres, & one at 9.38 Acres) Ruskovich/Dovica/Central Coast Engineering 11. Authorization for Time Extension to Tentative Tract Map 820802:1 - Portion of Lot 46 , Block 40 (Between Morro Road & San Marcos Road) - Time Extension to Allow Completion of Tentative Tract Map Conditions - Ibsen/Dan Stewart Engineering 12. Acceptance of Final Parcel Map 28-86 - 8500 Corriente Rd - Dodson/Twin Cities Engineering 13. Acceptance of Final Tract Map 27-86 - 7500 Morro Rd - Golden West Development/North Coast Engineering B. HEARINGS/APPEARANCES/REPORTS (Approximate Time - 30 Minutes) 1. Cayucos Road Maintenance District 1987/88 Assessments: A. Public Hearing B. Resolution 79-87 - Collection of Road Maintenance District 86-4 (Cayucos Ave) Revised Assessments and Placement of Assessments on 1987/88 Property Tax Roll (Approximate Time - 20 Minutes) 2. Zone Change 7-87 - 9255 El Camino Real - Messer/Cuesta Engineering A. Public Hearing B. Ordinance 155 - Amendment of Zoning Map from Residential Single Family to Commercial Retail (FIRST READING) (Approximate Time - 10 Minutes) 3. Weed Abatement Assessment Charges: A. Public Hearing Regarding Weed Abatement Assessment Charges and Establishment of 40% Administrative Fee B. Resolution 71-87 - Confirming Cost of Weed Abatement and Placement of Assessments on the 1987/88 Property Tax Roll • 3 0 0 C. ATASCADERO COUNTY SANITATION DISTRICT (Council will recess and convene as the Atascadero County Sanitation District Board of Directors) (Approximate Time - Minutes) 1. Establishment of 1987/88 Sewer Assessments - Sewer Improvement District #3 - Lots 66-87, Block JC (Marchant Way) A. Public Hearing B. Resolution 78-87 - Establishment of 1987/88 Sewer Assessment - Improvement District #3 and Placement of Assessments on F.Y. 1987/88 Property Tax Roll (Approximate Time - 10 Minutes) 2. Establishment of 1987/88 Atascadero Sanitation District Sewer Service Charges: A. Public Hearing B. Resolution 72-87 - Establishment of Sewer Service Assessments and Placement of Assessments on F.Y. 1987/88 Property Tax Roll (The Board of Directors will Adjourn and Reconvene as the • City Council) D. NEW BUSINESS (Approximate Time - 5 Minutes) 1. Resolution 76-87 - Proposed Memorandum of Understanding between City of Atascadero and the Atascadero Police Officers Association - F.Y. 1987/88 (Approximate Time - 5 Minutes) 2. Resolution 75-87 - Proposed Memorandum of Understanding between City of Atascadero and the Service Employees International Union, Clerical Bargaining Unit - F.Y. 1987/88, 1988/89, and 1989/90 (Approximate Time - 5 Minutes) 3. Resolution 74-87 - Proposed Memorandum of Understanding between City of Atascadero and the Service Employees International Union, General Services Bargaining Unit - F.Y. 1987/88, 1988/89 and 1989/90 (Approximate Time - 5 Minutes) 4. Authorization for Mayor to Enter into Agreement with Community • Transit Services for Annual Dial-A-Ride Contract (Approximate Time - 5 Minutes) 5. Authorization to Purchase 3 Police Department Patrol Cars through State Cooperative Purchase Plan 4 0 d 0 (Approximate Time - 15 Minutes) 6. Discussion of Present Zoning Constraints to Lot 2, Block 1 Eaglet #2 (8485 E1 Corte Drive) - Robinson (Approximate Time - 15 Minutes) 7. Resolution 80-87 - Establishment of Road Maintenance District 86-1 (Falda Road) Assessments and Placement of Assessments on 1987/88 Property Tax Roll E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council A. Freeway Sign Policy (Norris) 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager 5 e CITY ATTORNEY OPINION July 16, 1987 Page 3 in favor of the elimination of the office of elective mayor, such office shall be eliminated on the expiration date of the incumbent's term, and on such date the procedure of selection of the mayor by the city council shall be reestablished. " I have discussed the question whether this issue could be placed on the November, 1987 ballot with the County Clerk, and it appears that there would be insufficient time to do so. The procedures which must be followed in placing a city measure on the ballot are contained in Elections Code sections 5010-5016. These sections provide for the preparation of an impartial analysis by the city attorney, and the procedure by which arguments for and against the measure may be included on the ballot. Because of the notice requirements and other time constraints necessary to prepare such arguments, the County Clerk has informed me that the last day on which a ballot measure could have been submitted and still meet the various deadlines would have been June 30, 1987. Based upon this representation by the County Clerk, it will not be possible to place the matter on the November ballot. Recommendation. If the City Council wishes to present the matter of an elected mayor to the voters of the City of Atascadero as a ballot measure, it is recommended that the matter be referred to the City Clerk for placement on the ballot at the next available city-wide election after November, 1987. Respectfully submitted, J FREtney SEN MY JGJ: fr A:MMATA198 cc: City Council "-City Manager City Clerk s ELECTIONS CODE I Nit "City measure" As used in this article, "city measure" includes any proposed city charter, any proposed amend- ment to a city charter, any proposition for the issuance of bonds by the city, any advisory question, or any other question or proposition submitted to the voters of a city. ! 6011. Analysis of measure, notice of availability of copy Whenever any city measure qualifies for a place on the ballot, the governing body may direct the city clerk to transmit a copy of the measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the city attorney, the governing board may direct the city clerk to prepare the impartial analysis. The analysis shall be printed preceding the arguments for and against the measure. The analysis shall not exceed 500 words in length. Immediately below the impartial analysis there shall be printed in no less than 10-point bold type a legend substantially as follows: "The above statement is an impartial analysis of Ordinance or Measure If you desire a copy of the ordinance or measure please call the elections official's office at (insert telephone number)and a copy will be mailed at no_cost to you." § 5012. City measure; arguments; submission to voters If there is no other method provided by general law, or, in the case of a chartered city, by the charter or by city ordinance, argu- ments for and against any city measure may be submitted to the qualified voters of the city pursuant to this article. If a method is otherwise provided by general law, or, in the case of a chartered city, by charter or city ordinance, for submitting arguments as to a partic- ular kind of city measure,that method shall control. j 5013. Filing written argument; length: printi'M enclosure with sample ballot; titles The legislative body,or any member or members of the legislative body authorized by that body, or any individual voter who is eligible to vote on the measure or bona fide association of citizens,or any combination of voters associations, may file a written argument for or against any city measure. No argument shall exceed 300 words in length. The city clerk shall cause an argument for and an argument against the measure to be printed along with the following statement on the front cover,or if none,on the heading of the fust page,of the printed arguments: "Arguments in support or opposition of the proposed laws are the opinions of the authors." The city clerk shall enclose a printed copy of both arguments with each sample ballot; provided, that only those arguments filed pursuant to this section shall be printed and enclosed with the sample ballot The printed arguments are"official matter"within the meaning of those words used in Section 10010. Printed arguments submitted to voters in accordance with this section shall be titled either "Argument In Favor of Measure or "Argument Against Measure accordingly,the blank spaces being filled in only with the letter or number,if any, which designates the measure. At the discretion of the clerk, the word "Proposition" may be substituted for the word"Measure"in such titles. Words used in the title shall not be counted when determining the length of any argument. § 5014. Names of persons submitting; number in pamphlet A ballot argument shall not be accepted under this article unless accompanied by the name or names of the person or persons submit- ting it, or, if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal officers. No more than five signatures shall appear with any argument submitted under this article. In case any argument is signed by more than five persons the signatures of the first five shall be print- ed. 4 6014.1. Names of persons in text; consent A ballot argument or, if applicable,a rebuttal argument which includes in its text the name of a person,other than the author of the argument,who is represented as being for or against a measure, shall not be accepted unless the argument is accompanied by a signed consent of such person. The consent of a person,other than an individual,shall be signed by an officer or other duly authorized representative. "Person" as used in this section means any individual, partnership, corporation, association, committee, labor organization, and any other organization or group of persons. 15014.6. Rebuttal arguments (a) If any person submits an argument against a city measure,and an argument has been filed in favor of the city measure, the clerk shall immediately send copies of that argument to the persons filing the argument in favor of the city measure. The persons filing the argument in favor of the city measure may prepare and submits rebuttal argument not exceeding 250 words. The clerk shall send copies of the argument in favor of the measure to the persons filing the argument against the city measure,who may prepare and submit a rebuttal to the argument in favor of the city measure not exceeding 250 words. The rebuttal arguments shall be filed with the clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. (b) The provisions of subdivision (a) shall only apply if, not later than the day on which the legislative body calls an election, the legislative body, by a majority vote, adopts its provisions; in which case, the provisions of subdivision(a)shall apply at the next ensuing municipal election and at each municipal election thereafter, unless later repealed by the legislative body in accord with the procedures of this subdivision. 16016. Date for submission; change of arguments Based on the time reasonably necessary to prepare and print the arguments and sample ballots and to permit the ' ' ' 10-calendar-day public examination as provided in Article 6 (commencing with Section 5025)for the pa cu al 7election,the city clerk shall fix.and determine a reasonable date prior to the election after which no arguments for or against any city measure may be submitted for printing and distribution to the voters as provided in this article. Arguments may be changed or withdrawn by their proponents until and including the date fixed by the city clerk. 1501& Submission of multiple arguments; selection for printing and distribution; preferences If more than one argument for or more than one argument against any city measure'19 submitted to the city clerk within the time prescribed,the city clerk shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument the city clerk shall give preference and priority in the order named to the arguments of the following: (a) The legislative body, or member or members of the legislative body authorized by that body. (b) The individual voter or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure. (c) Bona fide associations of citizens. (d) Individual voters who are eligible to vote on the measure. : M .N U7�11zlala,7 !!E1r1 ATASCADERO CITY COUNCIL MINUTES Special Meeting - June 30 , 1987 Atascadero Administration Building The special meeting of the Atascadero City Council was called to order at 8 : 30 a.m. by Mayor Norris. ROLL CALL Present: Councilmembers Borgeson, Bourbeau, Handshy, Mackey and Mayor Norris Absent: None STAFF Mike Shelton, City Manager ; David Jorgensen, Administrative Services Director; Bud McHale, Police Chief; Bob Best, Recreation Director; Henry Engen, Community Development Director ; Paul Sensibaugh, Public Works Director; Mike Hicks, Fire Chief; Cindy Wilkins, Deputy City Clerk • 1. Police Facility - Presentation by Architect Ross, Levin and McIntyre Detailed presentation was made by architect Rod Levin. Public Comment Barbara Reiter, 10150 San Marcos Rd. , spoke in support of using avail- able centrally located land as the site for a civic center ; she feels that the Gen. Plan doesn' t address a civic center deeply enough and that we are destoying the possibility for one by disbursing, first, the library site and, now, the police facility site. She expressed that the police facility should be visible, and the proposed site is not. Sarah Gronstrand, resident, addressed comments of the previous speak- er, noting that school funds are strained at the present time (relates to the suggestion that the Jr. High and Lewis Ave. Schools be relo- cated and site utilized for civic center and police facility) . She inquired about the number of oaks proposed to be removed from the current site under consideration; Mr . Levine responded 5-6. Mrs. Gronstrand urged that no more delays be incurred on this project for the benefit of the APD' s needs. 1 Councilwoman Borgeson and Mayor Norris agreed to serve on a commit to review the site selection and financing alternatives and will port back to full Council in 45 days. COUNCIL RECESSED FOR A BREAK AT 10 :45 A.M. MAYOR NORRIS CALLED THE MEETING BACK TO ORDER AT 10 :50 A.M. 2. Atascadero Lake Park Property Acquisition Consideration - Pre- sention by Ad Hoc Committee (Approximate Time - 30 Minutes) Mr. Shelton, City Mgr. , made staff comments. He noted that all three owners of properties under consideration have indicated a willingness to sell. Indicating that the City is not in a position to purchase said properties at this time, he reviewed alternatives by which it may exercise the option to assure their future availability. Public Comment John Harris, Parks & Rec. Commissioner , relayed the Commission' s sup- port for the purchase of the Lake properties under consideration for the designated purpose of a community center. Maggie Rice, Chamber of Commerce, relayed the Chamber Board's recom- mendation to sell residential undeveloped properties toward the purchase of the subject Lake properties for the establishment of • community center. Mr. Jorgensen, Admin. Svcs. Director , urged that Council prioritize between the police facility or the purchase of subject properties. He recommended financing alternatives for the property purchases as (1) a general obligation bond (this would be the most logical choice) , or (2) re-allocating existing resources. He suggested that Council postpone a decision until after the 45 days when more information is presented by the committee studying the police facility site and re- lated financing. MOTION: By Councilman Bourbeau that Council express its commitment to purchase the (10) subject properties on Morro Road and auth- orize staff to engage the services of a licensed appraiser to have all affected properties appraised; motion seconded by Councilwoman Mackey. Passed unanimously. Staff was directed to discuss options with the affected property owners and report back in 45 days, concurrent with the police fac- ility committee' s report. COUNCILWOMAN MACKEY WAS EXCUSED FROM THE MEETING AT 11:35 A.M. 3. Fiscal Year 1987/88 Capital Improvement Program Budget Adopti� Consideration 2 0 0 A. Resolution 57/87 - Amending Resolution 55-87 , Adoption of City of Atascadero Fiscal Year 1987/88 Budget and Appropriat- ing Funds Thereof B. Resolution 54-87 - Adoption of City of Atascadero Fiscal Year 1987/88 Revenue Sharing Budget & Appropriation of Funds Mr. Jorgensen, Admin. Svcs. Director , reviewed the CIP Budget cate- gories. He noted that the Planning Commission has reviewed it and expressed particular interest in the installation of a traffic signal at Morro Rd. and Atascadero Ave. as well as establishment of a civic center . Public Comment Maggie Rice, representing the Chamber of Commerce, the BIA and Hal Hayes, spoke in support of the economic data base survey and urged that the $45,000 allocation be included in the budget. Barbara Reiter , resident, agreed with the comments of the previous speaker. Maggie Rice spoke again, representing Kirk Pearson, regarding the $10,000 allocation for tree planting; she emphasized that this is for the improvement of the entire City (not the individual property own- ers) and is very important for revitalization. MOTION: By Councilman Handshy to adopt Res. 54-87 as presented by staff. Motion failed for lack of a second. MOTION: By Councilwoman Borgeson to adopt the proposed FY87/88 CIP Budget, with the exclusion of the Parks Master Plan alloca- tion, reducing the Admin. Bldg. room renovation allocation by $19,600 and reducing the Gen. Plan Update allocation to $25 ,000. Motion seconded by Mayor Norris. AMENDMENT TO MOTION: By Councilman Bourbeau to increase the Gen. Plan Update allocation to $40 ,000 (which is $10,000, less than amount proposed) , noting the motion adopts Res. 57-87 as amended (allocating $77,701 for APD facility, $40 , 000 for land purchase, $10 ,000 for BIA proposal and $5 ,000 for the Babe Ruth proposal) ; seconded by Councilwoman Bor- geson. AMENDMENT TO MOTION: As previously stated by Councilwoman Borgeson, amending the reduction for room renovations by an even $20 ,000 , and including Councilman Bour- beau' s amendment; passed by 3 : 1 roll-call, with Councilman Handshy opposed and Councilwoman Mackey absent. 3 Mr. Jorgensen reviewed the proposed Revenue Sharing Budget alloc0 tions. MOTION: By Councilman Bourbeau to adopt Res. 54-87 (Revenue Sharing Budget) , seconded by Councilman Handshy; passed by 4:0 roll- call, with Councilwoman Mackey absent. MEETING ADJOURNED AT APPROX. 12:35 P.M. MINUTES RECORDED AND PREPARED BY: CINDY WILKINS, Deputy City Clerk • 4 MIONG AGENDA DATA: 7 ITEM , ATASCADERO CITY COUNCIL MINUTES July 14, 1987 Atascadero Administration Building The regular meeting of the Atascadero City Council was called to order at 7 :30 p.m: by Mayor Norris, followed by the Pledge of Allegiance. ROLL CALL Present: Councilmembers Borgeson, Bourbeau, Handshy, Mackey and Mayor Norris Absent: None STA.OF David Jorgensen, Administrative Services Director/Acting City Manager; Sud McHale, Police Chief; Henry Engen, Community Development Director; Paul Sensibaugh, Public Works Director; Gil Dovalina, Recreation Sup- ervisor; Jeffrey Jorgensen, City Attorney; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk • COUNCIL COMMENT Mayor Norris presented a plaque to Councilwoman Mackey in recognition for her tenure as Mayor (June 1986 - June 1987) . Councilwoman Mackey spoke in favor of saving the old Salinas River Bridge and requested the issue be on the Council' s agenda upon receipt of information from CalTrans. Mayor Norris thanked the Council for appointing her as Mayor and the citizens who congratulated her . She made a prepared statement regard- ing what she feels the present Council stands for . She apologized to the public for the absence of department heads last Friday (due to conflicting vacation and/or conference scheduling and illness) . PUBLIC COMMENT George Highland, resident, reiterated questions asked at a prior Coun- cil meeting relating to the Graham countersuit, noting that he feels entitled to a public answer. He asked, "What does a resident and tax- payer in Atascadero have to do to get a public answer to a question that doesn't involve privileged information, such as those parts of litigation, personnel files or labor negotiations?" Mr. Jorgensen, City Atty. , responded that the question is too general to give a mean- ingful answer to; he reiterated the public statement that he issued at • the last regular Council meeting relating to the Graham issue, saying he believes further comment on the matter is inappropriate because it is a matter of litigation. He noted that he would be available, should Mr. Highland wish to contact him, to review the general rules 1 for the making available of public documents to a citizen, but it' s very broad and general question which he cannot answer at this me ie, ing. A. CONSENT CALENDAR * Mayor Norris noted that Items 7-A&B are pulled from the agenda. 1. Approval of Minutes of the Regular Council Meeting of June 23, 1987 2. Denial of Claim Against the City by Clyde Bennett for Damages Totaling $11,670.96 3. Approval of Tentative Parcel Map 7-87 - 5020 Palma - Creation of Three Residential Air-Space Condominium Units- Ebr,ardt/Volbrecht Surveys 4. Approval of Tentative Parcel Map 22-87 - 8635 Coromar - Subdivi- sion of .94 Acre into Two Lots of 20,000 Square Feet Each - Stoner/Cuesta Engineering 5. Approval of Tentative Parcel Map 37-87 - 7421 Santa Ysabel - Consideration of Modified Tentative Map Deleting One Lot in Con- formance with Established Planned Development Overlay Zone Allow- ing for a Four Lot Subdivision - California Manor/Young 6. Acceptance of Final Parcel Map 8-86 - 8460 Morro Road Hetly/ Moore *7. See Note Above. 8. Approval of Resolution 60-87 - Establishing a "No Parking Zone at the Intersection of West Mall and Palma 9. Approval of Resolution 61-87 - Establishment of a Stop Sign on Dulzura Avenue at the Intersection with Bajada Avenue 10. Approval of the Following Resolutions Authorizing 1987/88 Annual Assessment Charges for Street Maintenance Districts: A. Resolution 62-87 - Lobos Avenue B. Resolution 63-87 - Sonora/final C. Resolution 64-87 Malaza Avenue D. Resolution 65-87 - Falda Avenue E. Resolution 66-87 - Pinal/Escarpa F. Resolution 67-87 - Aguila Avenue G. Resolution 68-8 - Cayucos Avenue 11. Authorization for City Manager to Declare Various Beams and Mis- cellaneous Hardware from the Former Scolari Market as Surpl Property and to Offer for Public Sale 12. Acceptance of Final Lot Line Adjustment 5-87 - 3905 El Camino Real - Zimmer/Volbrecht Surveys 2 ti t Sandi Lees, 4150 Cayucos, requested Item 10-G be pulled for discussion (moved to New Business) . MOTION: By Councilwoman Mackey to approve Consent Calendar, deleting Items 7-A&B and pulling Item 10-G for separate discussion, seconded by Councilwoman Borgeson; passed unanimously by roll-call. ** Mayor Norris announced the following Item moved from Item D-2: 2. City Council Discussion Regarding SLO County 1977 Board of Super- visors Action on Resolution 77-547 - Proposed Lot Line Adjustment 7905 Carmelita - Jordan Mr. Engen, Commun. Devel. Director, gave a verbal staff report summar- izing the background of this item. Public Comment Johnie Jordan, 7905 Carmelita, handed each Councilmember a letter regarding this issue . He reviewed the history of events relating to his attempts to obtain a lot line adjustment (LLA) on subject prop- erty, noting his desire to build a home next door for his daughter and her husband. • Mr. Jorgensen, City Atty. , summarized staff' s approach to this issue, noting Mr . Jordan was advised to seek the advice of an engineer to assist him in understanding this situation. Mr . Jorgensen explained that a major problem exists because a LLA was never recorded, making the title on subject property "clouded" -- i.e. , there' s nothing in the title to indicate that a LLA ever existed. Mr. Jordan has been encouraged by staff to apply for a LLA. Jack Bray, 9480 Atascadero Ave. , a licensed land surveyor , recollected that, prior to the City' s incorporation, a LLA was not a recorded doc- ument but was filed by ;the County Clerk. Mr . Jordan responded that said document is on file in the County Clerk' s Office. Mr. Engen noted receipt of a letter (yesterday) from SLO County Plan- ning staff, which verified the procedure was to file LLA' s in the County Clerk ' s Office prior to Atascadero' s incorporation. It was noted that, if Lot 2 had sold, described in its original form, the issue was further clouded. Mr. Engen reviewed additional attempts by City staff to obtain information related to this issue. Mr. Jorgensen noted the City cannot issue a certificate of compliance because the description of Parcel lA is unknown, due to a conveyance of property between Parcels lA and 2 using an old property descrip- tion, and this could be corrected by a LLA. Sylvia Thomas, the daughter of Mr. & Mrs. Jordan, wonders why monu- ments are needed at this time, since the map was approved in 1977 by the County. She feels it is an injustice that advice given by public officials earlier no longer applies and her father is being penalized. 3 Mr. Bray spoke again, feeling that Lot 2 could be cleared up by exchange of quitclaim deeds from both parties, if the City could A cept the first LLA. Don Thomas, Son-in-Law of Mr . & Mrs. Jordan, noted that he was present ten years ago when a LLA was approved on subject property. Mr. Bray, again, spoke saying that Mr. Hilliard should have recorded a record of survey on subject property which would reflect a LLA. Discussion was closed to the floor and came back to Council and staff. MOTION: By Councilwoman Borgeson to approve a LLA for Mr. & Mrs. Jordan. Mr. Jorgensen, City Atty. , noted a LLA cannot be approved without the preparation of a map; among other procedural requirements, this would require a public hearing. Councilwoman Borgeson withdrew her previous motion and asked how this could be expedited, her intent being to push this through without the Jordans paying any extra money for engineering. Mr. Jorgensen recommended continuation of this item so that staff can explore whether or not an exchange of deeds between Parcels 1-A and 2 would correct the matter sufficiently. Mr. Jordan wou have to work out the exchange of deeds with the adjoining proper owner , if he is willing to do so. MOTION: By Councilwoman Mackey to waive any City fees that Mr. Jordan might incur to accomplish a LLA, if he needs such a thing, seconded by Councilman Bourbeau; passed unanimously. MOTION: By Councilman Handshy that Council concur with the City At- torney's recommendation (see prior to previous motion) for a continuation, and to bring this matter back in two weeks for consideration,:; seconded by Councilwoman Borgeson; passed unanimously by roll-call. MAYOR NORRIS CALLED FOR A BREAK AT 8 :40 P.M. AND THE MEETING BACK TO ORDER AT 8: 50 P.M. B. HEARINGS/APPEARANCES/REPORTS 1. Consideration of Road Abandonment on a Portion of Marchant Way; A. Public Hearing B. Resolution 69-87 - Vacating Portion of Marchant Way Adjacent to Lot 79 , 9590 Marchant Way Iddolk 4 i Mr . Engen, Commun. Devel. Director , gave staff report. There was no public comment. MOTION: By Councilman Bourbeau to conceptually approve staff' s recom- mendation, directing that staff conduct negotiations and come back with a firm, comprehensive proposal for Council consid- eration, seconded by Councilwoman Mackey; passed unanimously by roll-call. 2. General Plan Conformity Status Report - Sycamore Road Property in River Gardens Area for Sale by City (Cont'd from 5/26/87 Council Meeting) Mr. Engen, Commun. Devel. Director, gave staff report and responded to questions from Council. Public Comment Mike Arrambide, 7243 Del Rio Rd. , concurred with Councilwoman Mackey that subject property should be conveyed and kept within the City. He opposes its sale and the funds used for General Fund purposes, feeling any funds acquired from its sale should be earmarked for acquisition of other property that would meet City plans. Councilwoman Borgeson suggested that the Parks & Rec. Commission con- sider possible use of subject site for a park, perhaps soliciting homeowners interest in such a use. MOTION: By Councilwoman Borgeson to deny that subject property on Sycamore Road be designated as surplus. Motion died for lack of a second. MOTION: By Councilwoman Mackey to concur with staff recommendation to receive the Conformity Report per the Planning Commission' s recommendation, seconded by Councilwoman Borgeson; passed unanimously. AMENDMENT TO MOTION: By Councilwoman Mackey that Council also refer this item to the Parks & Rec. Commission for their opinion, seconded by Councilwoman Borge- son; passed unanimously. 3. Atascadero Lake Pavilion Building Status Report - Verbal Mike Arrambide, Chmn. of the Lake Pavilion Project, gave a brief history of the progress of this project and a status report. Mr. Jorgensen, City Atty. , noted that the City doesn' t have liability coverage for the volunteer laborers on this project, saying this issue should be carefully explored before proceeding. No action was taken on this item. 5 J > 4. Urgency Ordinance 154 - Extending Time Frame of Urgency Ordi� nance 152 - Clarifying the Minimum Required Lot Size in the LSF !!'' and RSF-X Zones as Requiring a Net Minimum land Area of 20, 000 Sq. Ft. with Sewer (Excluding Land Area Needed for Street Rights- of-Way Whether Publicly or Privately Owned) (FIRST AND ONLY READ- ING) Mr . Engen, Commun. Devel. Director, gave staff report. There was no public comment. MOTION: By Councilman Bourbeau to read Ord. 154 by title only, sec- onded by Councilwoman Borgeson; passed 4:1, with Councilman Handshy opposed. Mayor Norris read the full text of Ord. 154. MOTION: By Councilman Bourbeau to adopt Ord. 154, seconded by Coun- cilwoman Borgeson; passed by 4:1 roll-call, with Councilman Handshy opposed. C. UNFINISHED BUSINESS 1. Acceptance of Proposal by E.R.A. Consultants - Economic Develop- ment Analysis Study (Cont'd from 5/26/87) Mr . Engen, Commun. Devel. Director, gave staff report, recommendi that Council approve agreement with E.R.A. , and he responded to que tions from Council. He suggested that meetings involving anyone of an advisory nature be advertised public meetings, and that all those listed on the Gen. Plan Update mailing list be invited to attend, com- ment and participate (this includes the Chamber of Commerce, BIA, Homeowners' Assn. , AUSD, Atas. Mutual Water Co. , N. County Contractors Assn. , Atas. Board of Realtors and the Parks & Rec. Commission -- in addition to the Planning Commission and the Council) . Mayor Mackey noted that the CBD (Central Business District) is men- tioned in several places throughout subject proposal; she requested it be clarified that this refers to the Atascadero business community at large, not just the downtown area. Public Comment John Cole, 8710 Sierra Vista, asked if the City can afford this study; Mr. Jorgensen, Admin. Svcs. Director, noted the $45, 000 appropriation was approved in the CIP Budget on June 30th. Maggie Rice, Chamber of Commerce, urged support of this analysis and spoke in support of Council approval of the agreement with E.R.A. Speaking on behalf of Hal Hayes, she expressed his support for E.R.A. and belief that an economic development strategy is very important and that meetings should be open to all. 6 Robert Nimmo, 7365 Bella Vista, spoke in support of and recommended approval of this study. He noted the need for demographic/economic data by small businesses interested in locating to Atascadero. Eric Hagan, representing the BIA, spoke in support of approval of this agreement. MOTION: By Councilman Handshy to authorize the Mayor to enter into agreement with Economic Research Associates, seconded by Councilwoman Mackey. AMENDMENT TO MOTION: By Councilwoman Borgeson to add "and the Mayor" following Admin. Svcs. Director in Article 1, Para. B of the Consultant Services Agreement, seconded (after lengthy discussion) by Council- man Bourbeau; amendment passed by 3:2 roll-call, with Councilmembers Mackey and Handshy opposed. Motion, as amended, carried by 4:1 roll-call, with Council- woman Norris opposed. Mayor Norris appointed Councilwoman Borgeson to serve on her behalf in coordination with the consultant as described in Art. 1, Para. B of said agreement; Councilwoman Borgeson respectfully declined the ap- pointment. 2. Tentative Par - Parcel Map 9 87 - 9000. Atascadero Ave. Subdivision of 1.0 Acre Parcel into Two Lots of . 5 Acres Each - Kuhlman/Bray (Cont'd from 6/23/87 Council Meeting) Mr. Engen, Commun. Devel. Director , gave staff report recommending approval, as this map was specifically exempted from Ord. #152, and he responded to questions from Council. Public Comment Jack Bray, 9480 Atascadero Ave. , surveyor of record on PM AT 87-078, spoke in support of approval of this TPM, noting that it was submitted on the basis of assurances from Planning staff that this was a legiti- mate lot split request. He also noted that approval is conditioned on contribution to street and sidewalk improvements, which will result in improved safety and welfare at no cost to the City. Dean Crawford, 8575 Portola, expressed opposition to this proposal, feeling that it was Council' s intent to maintain a net 20, 000 sq. ft. (no less) , that a flag lot would be created (also against Council' s intent) and expressing that the driveway would be located in an area of poor visibility and could be very dangerous. Dennis Lockridge, 8935 Atascadero Ave. , spoke in opposition to this proposal, noting (as did the previous speaker) the Council' s in- tentions in approving Urgency Ordinances 152 & 154 (152 approved tonight) . 7 0 Discussion came back to Council. MOTION: By Councilman Handshy to approve TPM 9-87 subject to findings and conditions contained in staff report, seconded by Coun- cilwoman Mackey; passed unanimously by roll-call. 3. Tree Ordinance Status Report (Cont'd from 3/24/87) Mr. Engen, Commun. Devel. Director, gave staff report, noting meeting scheduled for tomorrow, Wed. , 7/15, at 7: 00 p.m. in the Club Room, for purpose of tree committee members and interested citizens to review policies and ordinances relating to trees. He then responded to ques- tions from Council. Public Comment John Cole, 8710 Sierra Vista, Tree Preservation Committee member , not- ed that the current ordinance is inadequate and that more effective enforcement (penalties for violations) is needed. Whitey Thorpe, 2506 Santa Ynez , expressed he feels property owners should retain the right to cut down trees that they have planted them- selves and that the tree ordinance should have a provision for this. Discussion came back to Council. There was no action taken. MOTION: By Councilman Bourbeau to extend meeting past 11:00 p.m. , seconded by Councilwoman Borgeson; passed by 3:2 roll-call, with Councilmembers Handshy and Norris opposed. 4. Authorization for Mayor to Enter into Revised Agreement with Alderman Engineering - Design Phase of Atascadero Lake Improvement Project - $20 ,350 (Previously Addressed by Council 5/12/87) Gil Dovalina, Rec. Supvr. , gave staff report. There was no public comment. MOTION: By Councilman Bourbeau to accept staff recommendation and approve the Consultant Services Agreement Amendment with Al- derman Engineering with the inclusion of Errors and Omissions Insurance and a revised contract amount of $20,350 , including Revised Exh. C, seconded by Councilman Handshy; passed unani- mously by roll-call. D. NEW BUSINESS (Following item pulled from the Consent Calendar, Item 10-G) : 0 8 G. Resolution 68-87 - Cayucos Avenue Sandi Lees, 4150 Cayucos, noted that she and her husband were not made aware of possibility for cost over-run at time of agreement to form the assessment district; they recently received notification that there was a cost over-run of approx. 50%. Mr . Sensibaugh responded, noting that a staff report is scheduled to be on the Council's next regular agenda to address that subject, and it would be in the Lees' s best interest to express their concerns at that time. MOTION: By Councilman Bourbeau to adopt Res. 68-87 , seconded by Coun- cilwoman Mackey; passed unanimously by roll-call. 1. Award of Dial-A-Ride Bus Purchase Bid to Wide One Corporation - $40,717.68 Mr. Sensibaugh, Pub. Works Director, gave staff report. There was no public comment. MOTION: By Councilman Handshy to accept staff recommendation that Council award the bid for a new transit bus to the sole bid- der , Wide One Corp. , 3051 E. La Palma Ave. , Anaheim, CA, seconded by Councilman Bourbeau; passed unanimously by roll- call. MOTION: By Councilman Bourbeau to recess as Council and convene as the Atas. County Sanitation Dist. Board of Directors, sec- onded by Councilwoman Borgeson; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1. Request for Sewer Extension Reimbursement Agreement (Lot 31, Block X) Separado Avenue - Anderson Mr . Sensibaugh, Pub. Works Director, gave staff report. Public Comment Dr. Anderson urged approval of subject reimbursement agreement. MOTION: By Director Handshy to accept staff recommendation that the Board approve the Sewer Extension Reimbursement Agreement between the ACSD and Dr. Paul Anderson, seconded by Director Borgeson; passed unanimously by roll-call. 2. Proposed Revised Agreement with San Luis Obispo County - Sewer Easement Across Chalk Mountain Golf Course (Previously Approved by Council in 7/86) Mr. Sensibaugh, Pub. Works Director, gave staff report. There was no public comment. 9 • 0 MOTION: By Director _Handshy to accept staff recommendation to apprc the revised easement agreement between SLO County and t* City of Atascadero for installation of sewer lines through Chalk Mountain Golf Course, seconded by Director Bourbeau; passed unanimously by roll-call. MOTION: By Director Borgeson to adjourn the ACSD Board and reconvene as the City Council, seconded by Councilwoman Mackey; passed unanimously. F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilwoman Borgeson noted a "Save Santa Margarita Ranch" meeting tomorrow night. Mayor Norris requested the question of elected Mayor be placed on the November ballot. Mr. Jorgensen, City Atty. , noted that Brown Act requirements prohibit Council action on this topic tonight, and he urged close research to assure with compliance in order to con- solidate with the November election date. Mayor Norris requested the topic be placed on the next regular agenda. .Councilwoman Mackey made responding comments to those made by Mayor Norris at the beginning of the meeting regarding the absence of d� partment heads last Friday; Councilwoman Mackey noted that all the department heads have very capable assistants from whom she has been able to obtain answers to her questions. She further noted the absences were all for legitimate reasons. Councilman Bourbeau noted he will not attend the Council' s Aug. 11th meeting, as he will be out of town on business. MEETING ADJOURNED AT 11: 20 P.M. MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY: CINDY WILKINS, Deputy Clerk 10 CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT JUNE 1, 1987 TO JUNE 30 , 1987 EXPENSE LISTING PAYROLL DATED 06/10/87 CHECKS #39562-39680 90 ,316 .09 PAYROLL DATED 06/24/87 CHECKS #39681-39798 88,944.36 VOID CK#34955 CK. REG. DATED 05/22/87 (115.19) VOID CK#35050 CK. REG. DATED 05/29/87 (125.00) VOID CK#35071 CK. REG. DATED 05/29/87 (50 .00) VOID CK#35082 CK. REG. DATED 05/29/87 (48 .00) VOID CK#35147 CK. REG. DATED 06/05/87 (116. 60) TOTAL 178,805.66 5 M=ET • M E M O R A N D U M To: Mike Shelton, City Manager From: David G. Jorgensen, Admin. Svcs. Director Date: July 14, 1987 Subject: Claim of Paul Recore RECOMMENDATION City Council deny the above-mentioned claim which was submit- ted on April 15, 1987. The total claim presented is $2,666. 77. BACKGROUND Claimant alleges he drove his motorhome and struck a tree, causing damage to his motorhome. City's adjustors, Carl Warren & Co. , have reviewed this claim and recommend denial at this time. • L7Z?-8 18 2 M E M O R A N D U M i July 23 , 1987 To : City Council Via: Mike Shelton , City Manager From: Bob Best , Parks and Recreation Director Subject : Use Permits Renewal - Atascadero Lake BACKGROUND: The City currently has two concessions at Atascadero Lake operated by an independent contractor. These are Pop ' s Tackle Shop and the Duck Hut (food concession) . The operator, Mr. Richard Oswald, has provided an excellent service at no cost to the City. RECOMMENDATION: Approve Use Permits for Pop' s Tackle Shop and "Duck Hut" under the operation of Mr. Oswald. The following conditions apply: 1 . Business license renewal for each operation. 2 . Certificate of Insurance naming the City as additional insured, with a minimum liability coverage of $300,000 for "Duck Hut" and $500,000 for Pop ' s Tackle. 3. Proof of Worker ' s Compensation Insurance. FISCAL IMPACT: Each lease requires 8% of gross earnings to be paid to the City on a monthly basis . • USE PERMIT POP' S TACKLE SHOP The CITY OF ATASCADERO, a political subdivision of the State of California hereinafter called City, having property or space being presently not required for use for City purposes , hereby gives permission, pursuant to the provisions of Government Code Section 25536 , to POP' S TACKLE SHOP Doing business under the ficticious name of POP ' S TACKLE SHOP, herein after called Permittee , to use the following described City property or space for such purposes and upon such terms and conditions as are herein provided; southwest corner of the Pavilion located at Atascadero Lake Park, Atascadero, County of San Luis Obispo , and a portion of storage area under said Pavilion as designated by City. Whereas , it is appropriate that the following contract be entered into for the convenience of the general public and the use and enjoymene of the City Park System. WITNESSETH In consideration of the mutual covenants , conditions , promises , and agreements herein obtained, the City and Permittee hereby mutually covenant and agree to follows : 1. Permittee may use the premises for the following purposes : a. Premises shall be used for the purpose of Boat Rental and Tackle concession, and to sell over the counter items such as soft drinks , cigarettes , candy and snacks . b. Furnish and install at his own expenses all .necessary boats , docks , bouys and equipment required for proper service to the general public . c . The storage and service thereof shall be in an area approved by the Director of Parks and Recreation. d. Furnish and maintain proper facilities , equipment and devices for the concession as herein provided. e. Operate the facilities in a business like manner and to the satisfaction of the Director, subject to the maintenance of • 0 said areas of conformance with the highest standards of safety for patrons of said operation. The Permittee shall have the right and duty to manage , operate and con- trol all of the above mentioned activities and to do all things necessary in the exercise of such management , operation and control , subject to the terms and conditions of this permit. Permittee shall operate and maintain the premises and facilities together with the non- exclusive right to use access roads . 2. Condition of Premises : The taking of possession of the subject premises by permittee shall , in itself, constitute acknowledgement that the premises are in good and tenantable condition. Permittee agrees to accept said premises in their presently existing condition "as is" ; and the City shall not be obligated to make any alterations , additions or betterments thereto. 3. Term: The term of this permit shall be for a period of one (1) year and shall commence on July 1 , 1987 and end on June 30 , 1988 both dates inclusive , unless renewed or extended as herein provided. At the expiration or termination of this permit as herein provided, Permittee shall within thirty days thereafter, remove from said premises or otherwise dispose of in a manner satisfactory to the City, all personal property belonging to Permittee located on said premises subject to the provision of paragraph 9 of this agreement . Should Per- mittee fail to remove or dispose of his property as herein provided, the City may, at its election, consider such property abandoned or may dis- pose of same at owner ' s expense. Also , at the expiration or termination of this permit , Permittee shall quit and surrender the said premises including real property improvements in a good state of repair, damage by matter over which Permittee has no control , flood, earthquake , riot , fair wear or tear expected provided that such exculpatory provisions shall not extend to any risk which Permittee is required to insure against has herein provided. Should the Permittee hold over after the expiration of the term of this permit with the expressed or implied consent of the City, such hold- ing over shall be deemed a month to month tenancy at herein stated rent , subject otherwise to all the terms and conditions of this permit . The City further reserves the right to examine all such books and records at any time during the one (1) year period following the termination of this permit . Permittee shall maintain such records and accounts as the City Finance Director shall require. The City may require the Permittee to have his records and accounts audited by an auditor acceptable to the City, and shall present said audit to the City Finance Director within thirty ( 30) days after the completion of the audit . City may make its own audit of Permittee ' s records and accounts at or about said time , if it so desires . If Permittee has failed to make the required audit , or said audit is shown by City ' s audit to be incorrect then Permittee shall pay the costs of City ' s audit . Time is of the essence in the tendering of payments under this 0 rental agreement . Failure by the Permittee to Onder within thirty ( 30) days of any payment so due , shall be sufficient cause for the City to terminate this permit . 4 . Quitclaim Deed: Upon termination of the rights hereby granted, Permittee shall execute and deliver to the City within thirty ( 30) days after service of written demand therefore , a good and sufficient quit- claim deed to the premises described herein, including the improvements thereon. Should Permittee fail or refuse to deliver to the City a quitclaim deed as aforesaid, a written notice by the City reciting the failure of Permittee to execute and deliver said quitclaim deed as herein provided, shall after ten (10) days from the date of recordation of said notice be conclusive evidence against Permittee and all persons claiming under Permittee of the termination of said permit . 5. Rental : Permittee shall pay the sum of eight percent ( 8%) of the total gross earnings of Permittee in this operation hereunder. Permittee shall pay the amount which will , if added to all previous months payments for that year equal the prescribed percentage of all accumulated gross earnings to the end of such month. The term "gross earnings" wherever used in this permit shall mean all monies , property or any other things of value received by Permittee from the use of the premises described above without any deduction or deductions , provided that the term "gross earnings" shall not include any sales or excise taxes imposed by any governmental entity or collected by Permittee. Payments to the City shall be made to the order of the City of Atascadero , Department of Parks and Recreation, P.O. Box 747 , Atascadero , CA 93423 . All such payments shall be made the tenth (10) of the month following that in which said earnings were received by Permittee. Permittee shall keep true and accurate books and records showing all its business transactions in separate records of account for the concession, in a manner acceptable to the City, and the City shall have the right through its representatives , and at all reasonable times , to inspect such books and records , including State of California sales tax records ; and Permittee hereby agrees that all such records and instru- ments are available to the City. All Federal tax returns of Permittee insofar as this permit is concerned shall also be available to the City for reviewing purposes. Permittee shall not use or permit the subject premises to be used in whole or part during the term of this permit for any other purpose other than as set forth without first obtaining consent of the City. Permittee expressly agrees at all times during the term of this permit , at its own cost and expense , to maintain and operate said premises in a clean safe , wholesome and sanitary condition , free of trash, garbage or obstruction of any kind, and in compliance with any governmental authority, now or at any time during the term of this permit in force relating to sanitation or public health, safety or welfare ; and Permittee shall at all times faithfully obey and comply with all laws , rules and regulations of Federal, State , County or other governmental bodies or departments or office thereof . Permittee shall remedy without delay any defective , dangerous or unsanitary conditions . All services performed by Permittee relating to the operation and management of the concession are intended as considerations supporting this permit . In the event of special celebration or celebrations are held at said lake ( such as the Fourth of July , but not limited thereto) & if proper authority should provide entertainment for the general public (such as a display of fireworks) , but not limited thereto which by its nature and operation would endanger or tend to endanger occupants of said boats using said lake at said time. Permittee promises and agrees that he will not directly or indirectly permit the use of his boats at any dangerous location on said lake or location deemed to be dangerous to the City. No rights expressed or implied, other than those expressly given in this Permit are granted, and any other rights are hereby denied Permittee under this agreement . 6. Termination: This permit may be terminated by the City at any time and for any reason deemed sufficient by the City Council of said City, by giving thirty ( 30) days written notice to Permittee of its intention to do so. 7 . Title to Improvements : Permittee acknowledges that title to all real property is vested in the City. 8. Personal Property: Title to all personal property provided by the permittee shall remain in the Permittee. 9. Construction or Modification of Improvements : Permittee may construct or modify with the approval of the Director of Parks and Recreation any concession improvements. Such construction or modification shall be without cost to the City. 10. In the event that the construction modification or addition to concession improvements are desired, the approval , in writing , of the City shall first be obtained prior to such construction, modification or addition. Additionally plans and specifications for such changes shall be submitted to the City for approval . 11 . Completion of Improvements : The Permittee at his own expense , shall completely equip the concession improvements described herein and shall keep the same equipped in a first class manner and to the satisfaction of the Director of Parks and Recreation throughout the term of this permit . 12 . Ownership of Improvements : Title to improvements on the premises 0 0 at the commencement of this permit is retained by the City and this permit is subject to any rights or ownership in the improvements . All improvements constructed on the premises by Permittee as permitted by this permit shall be owned by Permittee until expiration of the term or le sooner termination of this permit . Permittee shall not , however, remove any improvements from the premises or waste , destroy or modify any im- provements on the premises , except as permitted by this permit . All improvements on the premises at the expiration of the term or sooner termination of this permit shall without compensation to Permittee , become City property free and clear of all claims to or against them by Permittee or any third person and Permittee shall defend and idemnify the City against all liability and loss arising from such claims or from the City 's exercise of the rights conferred by this para- graph. 13 . Maintenance and Use of Improvements : Permittee agrees to maintain any and all concession facilities on the subject premises in good order and repair, at his own cost and expense , during the entire term of the permit . Permittee shall perform at his own cost and expenses, any required maintenance and repairs , and should Permittee fail , neglect or refuse to do so , the City shall have the right to perform such maintenance or repairs for the Permittee ' s account ; and the Permittee agrees to promptly reimburse the City for the cost thereof, provided however, that the City shall first give Permittee ten ( 10) days written notice of its intention to perform such maintenance or repairs for the Permittee ' s account for the purpose of enabling Permittee to proceed with such maintenance or repairs at his own expense. Permittee hereby expressly waives the right to make repairs at the expense of the City. Permittee may employ, pay and supervise personnel to look after the concession. Such personnel shall be responsible to Permittee and cooperate with City personnel . All of Permittee ' s personnel shall be of good moral character and shall be physically able to handle their duties and must be promptly replaced when derelict in their duties . There shall be no drinking of liquor, or other alcoholic beverages in or around the area by Permittee ' s employees . 14 . Utilities and Services : Permittee shall be responsible for the payment of all applicable utility charges. 15. Equipment : Permittee , at its own expense , shall completely equip the concession improvements described herein and shall keep the same equipped in a first class manner throughout the term of this permit . 16. Signs and Approval of Name: No signs , names or placards shall be inscribed, painted or fixed upon said premises without written consent of the City. 17 . Quality of Service and Controlled Rates and Charges : Permittee agrees that he will operate and manage the service and facilities offered in a first class manner and comparable to other first class concessions providing similar facilities and services during the entire 0 9 term of the permit . Within the term of this description Permittee agrees to maintain a high standard of service at least equal to that of other establishments in the City and/or adjacent communities for similar operations . The City shall have access to , and the right to inspect the schedule of prices and rates for goods sold, rented or services rendered or performed upon the subject premises . If the City determines that any price or prices are unreasonable or inappropriate for the services rendered, or the items sold, the same shall be modified as directed by the City; provided that Permittee , prior to such notification, shall be given a reasonable opportunity to confer with City and justify such prices . The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public . A competent employee shall be on the premises at all times while the concession is in operation. Permittee shall post rates and prices for all rentals and services in such places as may be designated by the City . 18. Closure : At any time should an occurrance necessitate the closing of the park to the general public , the Permittee shall have no recourse by law to the City for losses incurred. 19 . Hold Harmless Agreement : Permittee hereby agrees to defend, indemnify and save harmless the City, its officers , agents and employees in any and every way from any and all manner of damages , charges , suits and expenses which they may sustain or be put to by reason of Permittee ' s occupancy or use of the premises , or any activity carried on by Permittee in connection therewith. 20 . Liability Insurance: Permittee agrees to obtain and keep in force during the term of this permit, at Permittee ' s expense , worker 's compensation and public liability and property damage insurance in companies authorized to issue such insurance in the State of California. Said insurance policy shall consist of the following : a. Worker' s Compensation and Employer ' s Liability Insurance: Permittee shall maintain in full force and effect , for the period covered by this permit , full worker' s compensation and employer' s liability insurance with limits of at least statutory requirements with an insurance carrier satisfactory to the City. In the event Permittee is self-insured, he shall furnish a certificate of permission to self-insure signed by the Department of Industrial Relations Administration of Self Insurance , Sacramento. b. Liability Insurance: Permittee shall maintain in full force and effect , for the period covered by this permit , bodily injury, personal injury including death resulting therefrom and property damage insurance with an insurance carrier satisfactory with the City. This liability insurance shall include , but shall not be limited to , protection, against i 0 claims arising from bodily and personal injury , including death resulting therefrom and damage to property, resulting from any act or occurrance occuring in or about the premises which are subject to this permit , or resulting from Permittee ' s use of owned or nonowned automobiles. The amounts of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination of both - $500,000. The following endorsements must be attached to the policy: 1. If the insurance policy covers on an "accident" basis , it must be changed to read "occurrance" . 2 . The policy must cover personal injury as well as bodily injury. 3. The policy must cover complete contractural liability. Exclusions of contractural liability as to bodily injuries , personal injuries and property damage must be eliminated from the basic policy and endorsements . 4 . BROAD FORM property damage liability must be afforded. 5. The City of Atascadero and their officers , employees and agents , shall be named insured under the policy, and the policy shall stipulate that this insurance will operate as a primary insurance and that no other insurance effected by the City or other name insured will be called upon to contribute to a loss covered thereunder. c . The following requirements apply to all liability insurance to be provided by Permittee: 1. A certified copy of each policy and a certificate of insurance shall be furnished to Parks and Recreation within twenty (20) days after execution of this permit . (A certi- ficate alone is not acceptable) . Certificates and policies shall state that the City is not liable for the payment of any premiums or assessments on this property. 2 . Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty ( 30) days written notice to City. Ten (10) days written notice is not acceptable , except in connection with worker' s compensation insurance. 3. Insurance required shall be placed in a company or companies acceptable to City and shall have a policy holder ' s surplus of at least (10) times the amount of limit of liability afforded by the insurance company. 4 . Approval of the insurance by the City shall not relieve or decrease the extent to which the Permittee or any sublessee may be ad responsible for payment—of damages resulting g from its operation. 5. No policy is acceptable if it contains an exclusion relating to occurrences in any manner arising out of the use of alcoholic beverages . Providing , however , that said policy will be acceptable if it contains a specific endorsement providing coverage under the limits and provisions set forth hereinabove , for any occurrence arising out of the use of alcoholic beverages . d. If permittee does not keep the insurance required by this paragraph in full force and effect at all times during the term hereof, this permit shall immediately and auto- matically terminate , and all rights and privileges granted hereunder to the Permittee shall be extinguished thereby. It is expressly understood that no notice by the City is required to effect the termination specified herein. 21 . Taxes : Permittee agrees to pay all lawful taxes , assessements or charges which at any time may be levied by the State , County, City or any tax assessment or assessment governing body upon any interest in this permit or any possessory right which Permittee may have in or to the premises covered hereby or the improvements thereon by reason of its use or occupancy thereof or otherwise as well as all taxes , assessments and charges on goods , merchandise , pictures , appliances , equipment and property owned by it in or about said premises . 22 . Inspection of Premises : Permittee agrees that the City acting through its authorized agents and employees , shall have the right to enter upon the premises at any reasonable time to inspect them. 23. Inspection and Maintenance : The City reserves the right of ingress and agrees to inspect , investigate and survey said premises as deemed necessary by the City, and the right to do any and all work of any nature for the preservation, of maintenance and operation of the park in any areas within the confines of said park. Permittee shall be given reasonable notice when such work may become necessary and will adjust his operation in such a manner that the City may proceed expeditiously. 24 . Permit Notice : Any notices herein provided to be given or which may be given by either Party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States Mail , postage prepaid and addressed as follows : To the Permittee : Pop' s Tackle Shop c/o Richard Oswald P.O. Box 935 Atascadero , CA. 93423 To the City at : City of Atascadero P.O. Box 747 Atascadero , Ca. 93423 Attn : Parks and Recreation 0 0 The address to which the notices shall or may be mailed as aforesaid by either party shall or may be changed by written notice given by such party to the other as therein before provided, but nothing herein contained shall preclude the giving of such notice by personal service . 25. Waiver of Permit Terms : No waiver by City at any time of the terms , conditions , or covenants of this permit shall be deemed as a waiver at any time thereafter of the same or of any other term, condition or covenant herein contained, not of the strict and prompt or covenant herein contained, not of the strict and prompt performance thereof. No delay, failure or omission of the City to re-enter the premises or to exercise any right , power, privilege or option can be construed as a waiver of such default or a relinquishment of any right or any acquiescense therein. No notice to Permittee shall be required to restore or revive time as of the essence after the waiver by the City of any default . No option, right , power, remedy or privilege of the City shall be construed as being exhausted by the exercise thereof in one or more instances . The rights , powers , options , and remedies given to the City by this permit shall be deemed cumulative . 26. Modification of Permit : Not withstanding any of the provisions of this permit, the parties may hereafter, by mutual consent , agree to modifications thereof or additions thereto in writing which are not forbidden by law. The City shall have the right to grant extensions of time to permittee for any purpose for the performance of any obligation of Permittee hereunder. 27 . Assignment and Subleases : Permittee shall neither assign, sublease or otherwise convey any interest of any sort granted by this permit to any person or persons , entity or entities whatsoever without prior written consent and approval by the City. Any document by which an interest is granted, subject to the approval of the City , shall indicate that the person acquiring that interest has been advised of all of the terms of this permit and takes his interest subject to those terms and conditions , and recognizes that upon termination of this permit , the City at its sole option, may elect to treat any assignee , subtenant, or holder of any interest conveyed by Permittee as the City' s tenant , subject to the terms and conditions of this permit and that entered into between the assignees , subtenant or holder of an interest conveyed by Permittee. 28. Breach of Permit : This permit is made upon the condition that , if the rents or other sums which Permittee herein agrees to pay or any part thereof shall be unpaid on the day of which the same shall come due , or if default be made in any of the terms , agreements , conditions or covenants herein contained on the part of the Permittee , or should Permittee become insolvent , or bankrupt , either voluntarily or involuntarily, then, and in such event at the option of the City , this permit shall cease and terminate ; and the City may enter upon the premises . Permittee ' s interest hereunder shall not be assignable in bankruptcy. 29. Waiver of Claims : Permittee hereby waives any claims against Is 0 0 1 the City, its officers , agents , or employees for damage or loss caused by any suit or proceeding directly or indiretly attacking the validity of this permit , or any part thereof or by any judgment or award in any suit or proceeding declaring this permit null , void or voidable, or delaying the same or any part thereof from being carried out . 30. Actions : In the event of any action or suit upon this permit , the City shall be entitled to receive reasonable attorney' s fee and all costs , disbursements and expenses including administrative expenses . 31 . Right of Entry As Agent : In any case in which provision is made herein for the termination of this permit by the City in case of abandonment or vacating of the premises by Permittee , the City in leiu of declaring a forfeiture may enter upon the premises . To such end, Permittee hereby irrevocably appoints the City its agent to remove any and all persons or property on said premises and place any such property in storage for the account of and at the expense of Permittee . In such case , the City may re-let the premises upon such terms as it may deem proper, and if a sufficient sum shall not be realized thereby, after paying expenses of such re-letting, to satisfy the rent and other sums herein agreed to be paid by Permittee , Permittee agrees to save the City harmless from any loss or damage or claim arising out of the action of the City in pursuance of this paragraph. 32 . Duration of Public Facilities : By entering into this permit , the City makes no stipulations to type , fixed location or duration of public facilities to be maintained at Atascadero Lake Park. . Time e of Essence . Time shall be of essence in the performance of this permit . 34 . Eminent Domain: If, during the term of this permit, any property described herein or hereafter added hereto is taken in eminent domain , the entire award shall be paid to the City. 35. Photography: The City may grant permits to persons or corporations engaged in the production of still and motion picture and related activities , for the use of said premises for such purposes when such permission shall not interfere with the primary business of Permittee. 36. Hazardous Substances : No goods , merchandise or material shall be kept , stored or sold in or on said premises which are in any way explosive or hazardous ; and no offensive or dangerous trade , business or occupation shall be carried on therein or thereon, and nothing shall be done on said premises , other than is authorized by this permit , and no machinery or apparatus shall be used or operated on said permises which will in any way injure said premises or structures ; provided that nothing contained in this paragraph shall preclude Permittee from bringing, keeping or using on or about said premises such materials , supplies , equipment and machinery as are appropriate or customary in carrying on its said business. Gasoline and oils shall be stored, handled and dispensed as required by present , or future regulations and laws. 37 • Nondiscrimination : Permittee and his employees shall not discriminate because of race , sex, religion , color , material status , ancestry or national origin against any person by refusing to furnish such person accommodation , facility, or his employees publicize the accommodations , facilities , services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race , age, sex, religion, color, marital status , ancestry or national origin. In the performance of this permit , Permittee will not discriminate against any employee or applicant for employment because of race , sex, age , color, marital status , religion, ancestry or national origin. 38. Paragraph Titles : The paragraph titles in this permit are inserted only as a matter of convenience and for reference , and in no way define , limit or describe the scope or intent of this permit or in any way affect this permit . 39. Permit in Counterparts : This permit is executed in counterparts , each of which shall be deemed an original . 40. Permit Document : The complete permit between the parties hereto shall consist of the identified documents : This permit titled "City of Atascadero Use Permit" , Exhibit A 41. Remedies not exclusive : The use by either party of any remedy specified herein for the enforcement of this permit is not exclusive and shall not deprive the party using such remedy of or limit the application of , any other remedy provided by law. 42 . Indepedent Contractor: Permittee enters into this permit solely and exclusively as an independent contractor and only in that capacity and not as a partner, employee or other agent of the City. Further, Permittee acknowledges that this agreement issues and is effective only upon execution by the City Council . 43. Advertising: Permittee shall not advertise or permit any publicity designed to attract the general public to an activity conducted by Permittee within the confines of said park without the knowledge and permission of the Director of Parks and Recreation. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written. CITY COUNCIL ADOPTION DATE: ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD SHARITZ , CITY CLERK BARBARA NORRIS, MAYOR 0 • APPROVED AS TO CONTENT: MICHAEL SHELTON, CITY MANAGER APPROVED AS TO FORM: PREPARED BY: JEFFREY JORGENSEN, CITY ATTORNEY BOB BEST, PARKS AND RECREATION DIRECTOR Pop' s Tackle Shop Use Permit : Permittee accepts the foregoing use permit subject to all of the terms and conditions contained herein. Permittee acknowledges that the permit will not become operative until compliance is made with paragraph 20 relating to insurance . Permittee Signature Richard Oswald, Permittee USE PERMIT DUCK HUT 0 The CITY OF ATASCADERO, a municipal corporation of the State of California hereinafter called City, having property or space not presently required for use for City purposes , hereby gives permission to the provisions of Govern- ment Code Section 25536, to Richard Oswald, hereinafter called Permittee , to use the following described property or space for such purposes and upon such terms and conditions as herein provided: Permittee at his own cost , risk and expense , shall maintain a food concession stand at Atascadero Lake Park. It is further understood and agreed that in accordance with the terms of said agreement , the City of Atascadero, acting by and through its Parks and Recreation Department , will administer this permit for and on behalf of the City. WITNESSETH: In consideration of the mutual covenants, conditions , promises and agreements herein contained, the City and Permittee hereby covenant and agree as follows : 1. Grant and Description of Premises : The City, for and in consideration of the agreements hereinafter stated, grants to Permittee the non-exclusive right and privilege to maintain and operate a food concession stand, which concession site will be specified by the Director of Parks and Recreation for the City of Atascadero. No concession rights expressed or implied, other than those expressly given in this permit are granted, and any other concession rights are hereby denied Permittee under this agreement . It is understood that the privileges granted herein are non-exclusive and the City reserves the right to grant other similar or identical concessions. 2. Condition of Premises : The taking of possession of the subject premises by permittee shall , in itself , constitute acknowledgement that the premises are in good and tenantable condition. Permittee agrees to accept said premises in their presently existing condition "as is" ; and the City shall not be obligated to make any alterations , additions , or betterments thereto. 3. Term: The term of this permit shall be for a period of one (1) year and shall commence on July 1 , 1987 and end on June 30 , 1988 both dates inclusive, unless renewed or extended as herein provided. At the expiration or termination of this permit as herein provided, Permittee shall within thirty days thereafter, remove from said premises or otherwise dispose of in a manner satisfactory to the City , all personal property belonging to Permittee located on said premises subJect to the provision of Paragraph 9 of this agreement . Should Permittee fail to remove or dispose of his property as herein provided, the City may, at its election, consider such property abandoned or may dispose of same at owner ' s expense. Also , at the expiration or termination of this permit , Permitee shall quit and surrender the said premises including real property improvements in a good state of repair , • • damage by matter over which Permittee has no control , flood, earthquake , riot , fair wear or tear expected provided that such exculpatory provisions all not extend to any risk which Permittee is required to insure against s herein provided. Should the Permittee hold over after the expiration of the term of this permit with the expressed or implied consent of the City, such holding over shall be deemed a month to month tenancy at herein stated rent , subject otherwise to all the terms and conditions of this permit . The City further reserves the right to examine all such books and records at any time during the one (1) year period following the termination of this permit . Permittee shall maintain such records and accounts as the City Finance Director shall require. The City may require the Permittee to have his records and accounts audited by an auditor acceptable to the City, and shall present said audit to the City Finance Director within thirty ( 30) days after the completion of the audit . City may make its own audit of Permittee ' s records and accounts at or about said time, if it so desires. If Permittee has failed to make the required audit , or said audit is shown by City' s audit to be incorrect then Permittee shall pay the costs of City' s audit . Time is of the essence in the tendering of payments under this rental agreement . Failure by the Permittee to tender within thirty (30) days of any payment so due, shall be sufficient cause for the City to terminate this permit . 4. Quitclaim Deed: Upon termination of the rights hereby granted, larmittee shall execute and deliver to the City within thirty ( 30) days after service of written demand therefore , a good and sufficient quitclaim deed to the premises described herein, including the improvements thereon. Should Permittee fail or refuse to deliver to the City a quitclaim deed as aforesaid, a written notice by the City reciting the failure of Permittee to execute and deliver said quitclaim deed as herein provided, shall after ten (10) days from the date of recordation of said notice be conclusive evidence against Permittee and all persons claiming under Permittee of the termination of said permit. 5. Rental : Permittee shall pay the sum of eight percent ( 8%) of the total gross earnings of Permittee in this operation hereunder. Permittee shall pay the amount which will , if added to all previous months payments for that year equal the prescribed percentage of all accumulated gross earnings to the end of such month. The term "gross earnings" wherever used in this permit shall mean all monies , property or any other things of value received by Permittee from the use of the premises described above without any deduction or deductions , provided that the term "gross earnings" shall not include any sales or excise taxes imposed by any governmental entity or collected by Permittee . Payments to the City shall be made to the order of the City of 10ascadero , Department of Parks and Recreation, P.O. Box 747 , Atascadero , CA 423. All such payments shall be made the tenth (10) of the month following that in which said earnis were received by Permittee . Permittee shall keep true and accurate books and records showing all its business transactions in separate records of account for the concession, in manner acceptable to the City , and the City shall have the right through it representatives , and at all reasonable times , to inspect such books and records, including State of California sales tax records ; and Permittee hereby agrees that all such records and instruments are available to the City. All Federal Tax returns of Permittee insofar as this permit is concerned shall also be available to the City for reviewing purposes. Permittee shall not use or permit the subject premises to be used in whole or part during the term of this permit for any other purpose other than as set forth without first obtaining consent of the City. Permittee expressly agrees at all times during the term of this permit , at its own cost and expense , to maintain and operate said premises in a clean safe, wholesome and sanitary condition, free of trash, garbage or obstruction of any kind and in compliance with any governmental authority, now or at any time during the term of this permit in force relating to sanitation or public health, safety or welfare ; and Permittee shall at all times faithfully obey and comply with all laws , rules and regulations of Federal , State, County or other governmental bodies or departments or office thereof. Permittee shall remedy without delay any defective , dangerous or unsanitary conditions. All services performed by Permittee relating to the operation and management of the concession are intended as considerations supporting this permit . No rights expressed or implied, other than those expressly given in this permit are granted, and any other rights are hereby denied Permittee under this agreement . 0 6. Termination: This permit may be terminated by the City at any time and for any reason deemed sufficient by the City Council of said City, by giving thirty ( 30) days written notice to Permittee of its intention to do SO. 7. Title To Improvements : Permittee acknowledges that title to all real property is vested in the City. 8. Personal Property: Title to all personal property provided by the Permittee shall remain in the Permittee. 9. Construction or Modification of Improvements : Permittee may construct or modify with the approval of the Director of Parks and Recreation any concession improvements . Such construction or modification shall be without cost to the City. 10. In the event that the construction modification or addition to concession improvements are desired, the approval , in writing, of the City shall first be obtained prior to such construction, modification or addition. Additionally plans and specifications for such changes shall be submitted to the City for approval. 0 • 11. Completion of Improvements : The Permittee at his own expense , shall completely equip the concession improvements described herein and shall keep the same equipped in a first class manner and to the satisfaction of the rector of Parks and Recreation throughout the term of this permit . 12 . Ownership of Improvements : Title to improvements on the premises at the commencement of this permit is retained by the City and this permit is subject to any rights or ownership in the improvements . All improvements constructed on the premises by Permittee as permitted by this permit shall be owned by Permittee until expiration of the term or sooner termination of this permit . Permittee shall not , however, remove any improvements from the premises or waste, destroy or modify any improvements on the premises , except as permitted by this permit . All improvements on the premises at the expiration of the term or sooner termination of this permit shall without compensation to Permittee, become City property free and clear of all claims to or against them by Permittee or any third person and Permittee shall defend and indemnify the City against all liability and loss arising from such claims or from the City ' s exercise of the rights conferred by this paragraph. 13. Maintenance and Use of Improvements : Permittee agrees to maintain any and all concession facilities on the subject premises in good order and repair, at his own cost and expense , during the entire term of the permit . Permittee shall perform at his own cost and expenses , any required maintenance and repairs , and should Permittee fail , neglect or refuse to do so , the City shall have the right to perform such maintenance or repairs for the 4*rmittee ' s account ; and the Permittee agrees to promptly reimburse the City r the cost thereof , provided however, that the City shall first give rmittee ten (10) days written notice of its intention to perform such maintenance or repairs for the Permittee ' s account for the purpose of enabling Permittee to proceed with such maintenance or repairs at his own expense. Permittee hereby expressly waives the right to make repairs at the expense of the City. Permittee may employ, pay and supervise personnel to look after the concession. Such personnel shall be responsible to Permittee and cooperate with City personnel. All of Permittee ' s personnel shall be of good moral character and shall be physically able to handle their duties and must be promptly replaced when derelict in their duties. There shall be no drinking of liquor, or other alcoholic beverages in or around the area by Permittee ' s employees . 14 . Utilities and Services : Permittee shall be responsible for the payment of all applicable utility charges. 15. Equipment : Permittee , at its own expense , shall completely equip the concession improvements described herein and shall keep the same equipped in a first class manner throughout the term of this permit . 16. Signs and Approval of Name : No signs , names or placards shall be inscribed, painted or fixed upon said premises without written consent of the City. • 17 . Quality of Service and Controlled Rates and Charges : Permittee agrees that he will operate and manage the service and facilities offered in a firs class manner and comparable to other first class concessions providing simil facilities and services during the entire term of the permit . Within the to . of this description, Permittee agrees to maintain a high standard of service at least equal to that of other establishments in the City and/or adjacent communities for similar operations. The City shall have access to , and the right to inspect the schedule of prices and rates for goods sold, rented or services rendered or performed upon the subject premises. If the City determines that any price or prices are unreasonable or inappropriate for the services rendered or items sold, the same shall be modified as directed by the City; provided that permittee , prior to such notification, shall be given a reasonable opportunity to confer with City and justify such prices . The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public . A competent employee shall be on the premises at all times while the concession is in operation. Permittee shall post rates and prices for all rentals and services in such places as may be desginated by the City. 18 . Closure : At any time should an occurrance necessitate the closing of the park to the general public , the Permittee shall have no recourse by law to the City for losses incurred. 19. Hold Harmless Agreement : Permittee hereby agrees to defend, indemni and save harmless the City, its officers , agents and employees in any and every way from any and all manner of damages , charges , suits , and expenses which they may sustain or be put to by reason of Permittee ' s occupancy or use of the premises , or any activity carried on by Permittee in connection with. 20. Liability Insurance : Permittee agrees to obtain and keep in force dur- ing the term of this permit , at Permittee ' s expense , worker' s compensation and public liability and property damage insurance in companies authorized to issue such insurance in the State of California. Said insurance policy shall consist of the following: a. Worker ' s Compensation and Employer' s Liability Insurance : Permittee shall maintain in full force and effect , for the period covered by this permit , full worker ' s compensation and employer' s liability insurance with limits of at least statutory requirements with an insurance carrier satisfactory to the City. In the event Permittee is self-insured, he shall furnish a certificate of per- mission to self-insure signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento. b. Liability Insurance : Permittee shall maintain in full force and effect , for the period covered by this permit , bodily injury, personal injury including death resulting therefrom and property damage insurance with an insurance carrier satisfactory with the City. This liability insurance shall include , but shall not be limited to , protection, against claims arising from bodily and ! • personal injury, including death resulting therefrom and damage to property, resulting from any act or occurance occuring in or about the premises which are subject to this permit , or resulting from Permit- tee' s use of owned or nonowned automobiles . The amounts of insurance shall not be less than the following: Single limit coverage applying to bodily and person injury, includ- ing death resulting therefrom, and property damage or a combination of both - $300 ,000. The following endorsements must be attached to the policy: 1. If the insurance policy covers on an "accident" basis , it must be changed to read "occurrance" . 2 . The policy must cover personal injury as well as bodily injury. 3. The policy must cover complete contractural liability. Exclusions of contractural liability as to bodily injuries , personal injuries and property damage must be eliminated from the basic policy and endorsements . 4. BROAD FORM property damage liability must be afforded. 5. The City of Atascadero and their officers , employees and agents , shall be named insured under the policy, and the policy shall stipulate that this insurance will operate as a primary insurance and that no other insurance effected by the City or other name insured will be called upon to contribute to loss covered there- under. c . The following requirements apply to all liability insurance to be provided by Permittee: 1 . A certified copy of each policy and a certificate of insurance shall be furnished to Parks and Recreation within twenty ( 20) days after execution of this permit . (A certificate alone is not acceptable) . Certificates and policies shall state that the City is not liable for the payment of any premiums or assessments on this property. 2 . Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty ( 30) days written notice to City. Ten (10) days written notice is not acceptable, except in connection with worker' s compenstion insurance. 3. Insurance required shall be placed in a company or companies acceptable to City and shall have a policy holder' s surplus of at least (10) times the amount of limit of liability afforded by the insurance company. 4 . Approval of the insurance by the City shall not relieve or de- crease the extent to which the Permittee or any subleassee may be held responsible for payment of damages resulting from its operation. 5 . No policy aacceptable if it contains exclusion relating to to occurrences in any manner arising out of the use of alcoholic beverages. Providing, however, that said policy will be accept- able if it contains a specific endorsement providing coverage under the limits and provisions set forth hereinabove , for any occurrence arising out of the use of alcoholic beverages . d. If Permittee does not keep the insurance required by this paragraph in full force and effect at all times during the term hereof, this permit shall immediately & automatically terminate , and all rights and privileges granted hereunder to the Permittee shall be extinguished thereby. It is expressly understood that no notice by the City is required to effect the termination specified herein. 21 . Taxes : Permittee agrees to pay all lawful taxes , assessments or charges which at any time may be levied by the State , County, City or any tax assessment or assessment governing body upon any interest in this permit or any possessory right which Permittee may have in or to the premises covered hereby or the improvements thereon by reason of its use or occupancy thereof or otherwise as well as all taxes , assessments and charges on goods , merchandise, pictures , applicances , equipment and property owned by it in or about said premises. 22 . Inspection of Premises : Permittee agrees that the City acting through its authorized agents and emploYees , shall have the right to enter upon the premises at any reasonable time to inspect them. 23. Inspection and Maintenance: The City reserves the right of ingress and agrees to inspect , investigate and survey said premises as deemed necessary by the City, and the right to do any and all work of any nature for the preservation, of maintenance and operation of the park in any areas within the confines of said park. Permittee shall be given reasonable notice when such work may become necessary and will adjust his operation in such a manner that the City may proceed expeditiously. 24 . Permit Notice: Any notices herein provided to be given or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States Mail , postage prepaid and addressed as follows : To the Permittee: Richard Oswald Box 935 , Atascadero, CA 93423 To the City: City of Atascadero , P.O. Box 7475 Atascadero , CA 93423 Attn : Parks and Recreation The address to which the notices shall or may be mailed as aforesaid by either party shall or may be changed by written notice given by such party to the other as therein before provided, but nothing herein contained shall preclude the giving of such notice by personal service. 25. Waiver of Permiaerms : No waiver by City a0any time of the terms , conditions, or covenants of this permit shall be deemed as a waiver at any time thereafter of the same or of any other term, condition or covenant herein contained, not of the strict and prompt performance thereof. No delay, Wilure or omission of the City to re-enter the premises or to exercise any -ght , power, privilege or option can be construed as a waiver of such default or a relinquishment of any right or any acquiescence therein. No notice to Permittee shall be required to restore or revive time as of the essence after the waiver by the City of any default . No option, right , power, remedy or privilege of the City shall be construed as being exhausted by the exercise thereof in one or more instances . The rights , powers , options , and remedies given to the City by this permit shall be deemed cumulative . 26. Modification of Permit : Not withstanding any of the provisions of this permit , the parties may hereafter , by mutual consent , agree to modifications thereof or additions thereto in writing which are not forbidden by law. The City shall have the right to grant extensions of time to permittee for any purpose for the performance of any obligation of Permittee hereunder. 27. Assignment and Subleases : Permittee shall neither assign, sublease or otherwise convey any interest of any sort granted by this permit to any person or persons , entity or entities whatsoever without prior written consent and approval by the City. Any document by which an interest is granted, subject to the approval of the City, shall indicate that the person acquiring that interest has been advised of all of the terms of this permit and takes his interest subject to those terms and conditions , and recognizes that upon termination of this permit , the City at its sole option, may elect to treat any assignee , subtenant , or holder of any interest conveyed by Permittee as the City' s tenant , subject to the terms and conditions of this permit and that #tered into between the assignees , subtenant or holder of an interest nveyed by Permittee. 28. Breach of Permit : This permit is made upon the condition that , if the rents or other sums which Permittee heroin agrees to pay or any part thereof shall be unpaid on the day of which the same shall come due, or if default be made in any of the terms , agreements , conditions or covenants herein contained on the part of the Permittee, or should Permittee become insolvent , or bankrupt , either voluntarily or involuntarily, then, and in such event at the option of the City, this permit shall cease and terminate ; and the City may enter upon the premises . Permittee ' s interest hereunder shall not be assignable in bankruptcy. 29. Waiver of Claims : Permittee hereby waives any claims against the City, its officers , agents , or employees for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this permit , or any part thereof or by any judgment or award in any suit or proceeding declaring this permit null , void or voidable , or delaying the same or any part thereof from being carried out . 30. Actions : In the event of any action or suit upon this permit , the City shall be entitled to receive reasonable attorney ' s fees and all costs , disbursements and expenses including administrative expenses . 31 . Right of Entry As Agent : In any case in which provision is made herein for the termination of this permit by the City in case of abandonment 0 or vacating of the premio, by Permittee , the City *leiu of declaring a forfeiture may enter upon the premises . To such end, Permittee hereby irrevocably appoints the City its agent to remove any and all persons or property on said premises and place any such property in storage for the account of and at the expense of Permittee . In such case , the City may re-1 the premises upon such terms as it may deem proper, and if a sufficient sum is shall not be realized thereby, after paying expenses of such re-letting, to satisfy the rent and other sums herein agreed to be paid by Permittee , Permittee agrees to save the City harmless from any loss or damage or claim arising out of the aciton of the City in pursuance of this paragraph. 32 . Duration of Public Facilities : By entering into this permit , the City makes no stipulations to type, fixed location or duration of public facilities to be maintained at Atascadero Lake Park. 33 . Time of Essence: Time shall be of essence in the performance of this permit . 34 . Eminient Domain: If, during the term of this permit , any property described herein or hereafter added hereto is taken in eminent domain, the entire award shall be paid to the City. 35. Photography: The City may grant permits to persons or corporations engaged in the production of still and motion picture and related activities , for the use of said premises for such purposes when such permission shall not interfere with the primary business of Permittee . 36. Hazardous Substances : No goods , merchandise or material shall be kept , stored or sold in or on said premises which are in any way explosive or hazardous ; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon, and nothing shall be done on said premises other than is authorized by this permit , and no machinery or apparatus shall be used or operated on said premises which will in any way injure said premises or structures ; provided that nothing contained in this paragraph shall preclude Permittee from bringing, keeping or using on or about said premises such materials , supplies , equipment and machinery as are appropriate or customary in carrying on its said business. Gasoline and oils shall be stored, handled and dispensed as required by present , or future regulations and laws. 37 . Nondiscrimination: Permittee and his employees shall not discriminate because of race , sex , religion, color, material status , ancestry or national origin against any person by refusing to furnish such person accommodation , facility, or his employees publicize the accommodations , facilities , services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race , age , sex, religion, color, marital status , ancestry or national origin. In the performance of this permit , Permittee will not discriminate against any employee or applicant for employment because of race , sex, age , color, marital status , religion, ancestry or national origin. 38. Paragraph Titles : The paragraph titles in this permit are inserted only as a matter of convenience and for reference , and in no way define , limit or describe the scope or intent of this permit or in any way affect this permit . 0 • 39. Permit in Counterparts : This permit is executed in counterparts , each of which shall be deemed an original . 9 40. Permit Documents : The complete permit between the parties hereto shall consist of the identified documents : This permit titled "City of Atascadero Use Permit" , Exhibit A. 41 . Remedies Not Exclusive : The use by either party of any remedy specified herein for the enforcement of this permit is not exclusive and shall not deprive the party using such remedy of or limit the application of, any other remedy provided by law. 42 . Independent Contractor: Permittee enters into this permit solely and exclusively as an independent contractor and only in that capacity and not as a partner, employee or other agent of the City. Further, Permittee acknowledges that this agreement issues and is effective only upon execution by the City Council. 43. Advertising: Permittee shall not advertise or permit any publicity designed to attract the general public to an activity conducted by Permittee within the confines of said park without the knowledge and permission of the Director of Parks and Recreation. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written. CITY COUNCIL ADOPTION DATE: 0 TEST: CITY OF ATASCADERO, CALIFORNIA BOYD SHARITZ, CITY CLERK BARBARA NORRIS, MAYOR APPROVED AS TO CONTENT: MICHAELTON, CITY MANAGER APPROVED AS TO FORM: PREPARED BY: JEFFREY JORGENSEN, CITY ATTORNEY BOB BEST, PARKS AND RECREATION DIRECTOR • Duck Hut Use Permit : Permittee accepts the foregoing use permit subjet to all of the terms and conditions contained herein. Permittee acknowledges that the permit will no become operative until compliance is made with Paragraph 20 relating to insurance. Permittee Signature: RICHARD OSWALD, PERMITTEE MTE DAT:p M E M O R A N D U M • TO: City Council July 28, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director j RE: Report on Disposition of Johnie Jordan' s Parcel 7905 Carmelita BACKGROUND: At the City Council' s meeting of July 14th, 1987 , Mr. Jordan presented his problems with respect to being unable to obtain a certificate of compliance attesting to his lot lines having been adjusted pursuant to a 1977 Board of Supervisors action. Action of the City Council was to continue the matter for two weeks to allow staff to work with Mr. Jordan to see if there were other ways that might resolve his problem. TITLE REPORT UPDATED: • Mr. Jack Bray, land surveyor , met with staff and undertook on Mr. Jor- dan' s behalf to approach First American Title Insurance Company, who provided a title report reconciling removing the property line from under Mr. Jordan' s house. Also, a quit claim deed was prepared ad- justing the lot line between parcels lA and 2. Mr. Bray subsequently has recorded these documents with the County Recorder ' s office and has initiated paperwork to have the lot line adjustments appear in the County Assessor 's record. Mr. Jordan can now simply submit a certi- fied copy of the title report as part of an application for a building permit on Lot #1. This resolves the problem occurring at the beginning of the process, i.e. , the title report had indicated that the parcel property line had not changed, thereby leading to Mr. Jordan' s seeking a certificate of compliance at the suggestion of the County. A certificate of compli- ance is now not necessary. I 've expressed the City' s appreciation to Mr . Bray for his key role in working out this problem. HE:ps Enclosure: Lot Line Adjustment Map • cc: Johnie Jordan Jack Bray J p 1 ✓.' er 2 •o2/ O b h p by �,.3�;- • � Y lay' E to i 1• Q � i o I . O M � I ry J W _ 'isgop as :i Q ILE;L� 1�•r . I JN 2 _ o I � I •, ` o 'o I 'SC •c I s2 s'v N•r s oo • ooi '7 .00.b•p • ' 71,Y b�9�/lam V k MEET; AGT1DA ,J CAT; 71ZO 7 ITE' -#_ MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sensibaugh, Director of Public Works SUBJECT: Assessment District #4 - Annual Payment DATE: July 21 , 1987 Recommendation : Staff recommends that Council adopt the attached resolution for the placement of the annual assessment charge for the above district onto the property taxes for Fiscal Year 1987-88 . Background: • Assessment District #4 (Seperado-Cayucos) was formed pursuant to the Municipal Improvement Act of 1913 and bonds issued under the provisions of the Bond Act of 1915 . The bonds have been issued to represent unpaid assessments and the payment terms have been set . Repayment will be over a period of 20 years at an average interest rate of 7. 306% . There was a period established for the payment of the asessment prior to the market of bonds and approximately 14% of the property owners paid at that time . The remaining assesesment were marketed by Security Pacific Marketing. This charge represents the first installment on the payment of the bonds . Fiscal Impact : Project costs to be assessed are paid 100% by the bonds issued. City participation items will be reimbursed as additional properties annex into this Improvement District . • • RESOLUTION NO. 77-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT NO. 4 (SEPERADO-CAYUCOS) ON THE PROPERTY TAXES FOR THE 1987-88 FISCAL YEAR WHEREAS, the Council of the City of Atascadero adopted Resolution 70-86 declaring its intention to undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 for the construction of public improvements known as "City of Atascadero Improvement District No . 4 (Seperado-Cayucos) ; and WHEREAS, the City Clerk has filed in the office of the San Luis Obispo County Recorder a notice of assessment and said assessment has become a lien upon the land on which it was levied; all pursuant to the Municipal Improvement Act of 1913; and . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows : • Section 1 . The foregoing recitals are true and correct and this Council so finds and determines . Section 2 . Notices have been mailed to each person owning property in the City of Atascadero Improvement District No . 4 (Seperado-Cayucos) , at his last known address as it appears on the tax rolls of the County of San Luis Obispo said statement containing a designation of the property assessed , the amount of the assessment , the date of the recordation of the assessment , the time and place of payment of the assessment and the effect of failure to pay within such time, and a statement that bonds are to be issued under the Improvement Bond Act of 1915 to represent unpaid assessments . Section 3 . Notices have been mailed and published stating that all sums assessed are due and payable immediately, that the payment of sums is to be made to the Treasurer of the City within 30 days after the date of recording the assessment , and that if any assessments are not paid within the 30 day period, bonds will be issued under the Improvement Bond Act of 1915 to represent unpaid assessments . • MEET AGENDA 7 ITEIA J MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sensibaugh , Director of Public Works SUBJECT: Assessment District #4 - Annual Payment DATE: July 21 , 1987 Recommendation : Staff recommends that Council adopt the attached resolution for the placement of the annual assessment charge for the above district onto the property taxes for Fiscal Year 1987-88 . Background: Assessment District #4 (Seperado-Cayucos) was formed pursuant to the Municipal Improvement Act of 1913 and bonds issued under the provisions of the Bond Act of 1915 . The bonds have been issued to represent unpaid assessments and the payment terms have been set . Repayment will be over a period of 20 years at an average interest rate of 7 . 306% . There was a period established for the payment of the asessment prior to the market of bonds and approximately 14% of the property owners paid at that time . The remaining assesesment were marketed by Security Pacific Marketing. This charge represents the first installment on the payment of the bonds . Fiscal Impact : Project costs to be assessed are paid 100% by the bonds issued. City participation items will be reimbursed as additional properties annex into this Improvement District . RESOLUTION NO. 77-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT NO. 4 (SEPERADO-CAYUCOS) ON THE PROPERTY TAXES FOR THE 1987-88 FISCAL YEAR WHEREAS, the Council of the City of Atascadero adopted Resolution 70-86 declaring its intention to undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 for the construction of public improvements known as ''City of Atascadero Improvement District No . 4 (Seperado-Cayucos) ; and WHEREAS, the City Clerk has filed in the office of the San Luis Obispo County Recorder a notice of assessment and said assessment has become a lien upon the land on which it was levied; all pursuant to the Municipal Improvement Act of 1913; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows ; Section 1 . The foregoing recitals are true and correct and this Council so finds and determines . Section 2 . Notices have been mailed to each person owning property in the City of Atascadero Improvement District No . 4 (Seperado-Cayucos) , at his last known address as it appears on the tax rolls of the County of San Luis Obispo said statement containing a designation of the property assessed , the amount of the assessment , the date of the recordation of the assessment , the time and place of payment of the assessment and the effect of failure to pay within such time, and a statement that bonds are to be issued under the Improvement Bond Act of 1915 to represent unpaid assessments . Section 3 . Notices have been mailed and published stating that all sums assessed are due and payable immediately, that the payment of sums is to be made to the Treasurer of the City within 30 days after the date of recording the assessment , and that if any assessments are not paid within the 30 day period, bonds will be issued under the Improvement Bond Act of 1915 to represent unpaid assessments . ! i Section 4 . Serial Bonds representing unpaid assessments have been issued in the manner provided by Division 10 of the Streets and Highways Code and the Improvement Bond Act of 1915 . Section 5 . The adoption of this resolution authorizes the collection of the assessment for the fiscal year commencing on the 1st day of July 1987 and ending on the 30th day of June, 1988, said assessments as listed on attached Exhibits A and B. Section 6 . The City Clerk is hereby ordered and directed to file a certified copy of the assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 7 . The City Clerk is hereby further ordered and directed to file a certified copy of the assessment roll with the County Tax Collector, together with a certified copy of this Resolution upon its adoption . On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES : ABSENT : ADOPTED: ATTEST : BOYD C . SHARITZ, City Clerk BARBARA NORRIS, MayorY APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH N City Attorney Dir , of Public Works C11-Y OF ATASCCIADEFRO EXHIBIT "A" T t-/ll::R 0 V E M E 1\1 T T U., CAYUCOS AF-d-A NOE3. 1 1?Ell 7 NUMBER 1"ll-livi-Or 1-7, ST LTUS ADERE"'JS Assessment 25)- • 4 D4 5 . OBOS 1-11 6 -) -) ." i 5,6 6.1 5 El'-'lC-I'PlA 43 4 F:-7NC 1 t'll A 4'_7 3 4 Or%nR 04 1 2'f-P--2 2-2 r5 r'!'`1{)5LOE 4 3 14 17. 1?171 7C C I OBOS 4 5 3"M 4670 LOBOS - 0 8 316 C? .1 45)7 0 CAYUCOS 4-r---* 0'•i• 4 3 311' 2 9 2222 15 456C) CAYUCOS 11D CA"U"OE: 3 18 2 9--2 2.2 4 4 r_54{ 77, 3i 9 2 9--12":.•,t- .y .c•2 C f2i Y U C C.S 4 C'4 i 9 11'*�In '1-0S7-T r 451 C) C A Y U 4. 1 4500 C A'rt U'C 0S 4 4 3 l•JC D-I ' C-)4 :7, -T 2'Q 2 2`2 4430 CAYUCOS 4 4 -17 S 4 3 `4 324 -2)07 `22 2 3 44 CAYUCIDS (J 7.2.5 27'9-2 2 1, 8 U :1Z o4 C) 44 l 5 CAYUCOS 4 :7.26 '710. 9 4 r157 CAYUCOS 4 C 4 i 4 5 3 55 C.A Y L J C F_.S, 'AYUC' 7) C 4 4555 C 03 _T7 I Z J " D4 7;3 29-22 1 5 4-C)5 H E IRIM,0 SS.L L A ;-'4 'n 11 . 1 Z! 334 119 J . - 1•.4.. ; HER D A 4 4 9-C 17,1 q � 1 1. , 4(-o n 335 Zi r 3.3 6 4370' L0'0•^`.r 4 437. -F RFIS -1 9- 0 71 3"9 C, `4 342� D IL C-1 B 0'c -4 413( 4:3 343 7 0 4 4000 r 1 SAhl 1 tl C -T r - �44 4-1_ . �. ()4 C? I) -CE 1 t-11 0 77 -1 'N' -146 5•=53=1 SPN H :) - 4 -"ISET 110 4--r-. C 4 5 51 9 S A N1 W �il M_' _% ""I.COS 343 zi.7 7. 41 5 ti- J_J - ff),Lq3cl mn -_j...:,-_j_j C) 5 155 SAN 4 9_ 1 -4 D.C..T I-A 4(_ R -4 '01 S i T'Pi -1 353 4 354 2 9--2--1 -1--22 5 A Cl 7":7 1 0 tE-,O q 3" . 04 S 4 3 r_: 1 i_2 SDI 4 J.51 Cl cp_ 09 Ll C)6,` 1 D B LE S� 357 29-2 1--04 •0.7 C_! R rip,T 737 47 C' --r 3. C 4 _J-_j L A 0 A-S 6 1. 29-211. 1 5) 11 5,5) L OB 0 S 4'7- C)4 4 1_7 5 LOBOS 4 C)4 6 2' 3L., .1 -7.2 4 3 C R 0 rl T A."". C.A. 3 D' J6- 121 C?- 4 _ rL0)'-_.-,O S 43- C MEN'T D T S R ICT v,in,, 4 v fv.J- J. C()YUtEOSl AREA 0 S 0 5 `i*1-1 QC.J- , 7 J.7 A.5 S E S S A E: (S 0 R S! I C�8 8 N B E F I U 1`1 E_�E R T TI Ej j: ........... , 0 E3 -1 7-.r 68 -1. 5 1 OLEI..!...j 4:7-;is(D. IRT-3,13.1 -`9-2151 LO_13 O,_.4'?7 4.-: i mring (.14 25 1 D 17,0(3 r C 7 J I H 47 3 4�7 4345 LOB-OS :75 4 4,2 1 D R001''ll-A X_ 7 6 2 5) •C)222 C)2 4'-:,0157 1-0 F.,0 S 47-;.3 C.)4 - '1 04 4::�,B1 5 L 0 2,0 S '145C) ROSITA 379 J.- C,7 Ux,Z J D 4 4`5 55 LOBOS 4 C)4 A 31 2 9 C)'2 27,-2 6) 4'f*90 ROSITA 4*7-:7- C)4 "C-4 44.71=3 L.OBOS 4 . 04 3316 da...i•9 5 LOBOS -19 460() ROS I TA 8 rpt 6. C)`- t• 9 29-222.-]; 4 5 3 5 C. 7 Y7 C:) --( * 5 5 0 E;0 S o 7 .29 • 45r,.,,, 2 9 2%2 C).3 45-75 1 0 E-0 S 47 0 zllr 5 1:1D E51 L 0 D 0 S 4. -7 9 2 777 C 4 47� 4 9 4 '7 u 0 4 :;19_5 ODOS 6 7 9 47 4 J r; 4 NOG`l ES 4 17. r-4 9 FS, 45_rt I H t._;~.,. A NOGPI Ec: 4=_J'3 4(}1. Ile 9 17,0 T 4. I 1 4 5 5 1� I 4 022' C'2 4- A-455 F-M S I T A. 47-73 Z. 1 4 41 4.4 R 0 S 17 fPi 404 -2 9 C)2 1 C) 4 4 41 5 R it S'I-T A 4 J 4q. 4 ,-)C=' r%0(_-T'1 1% 4 S 1 1 A _475 OC2 T T A 422'8=5 f 0 S-3 I T t"i 4—T. 04 Rfjr T I*A -7 I 'a,51 RClc IT` 1, 41 25 Fk'o 0 T 7'A (35 R CIS r 4 14 2 9- C-) 22 '15 4045 RL-IS T TA 47. 415 0 0 EXHIBIT "B" CITY OF ATASCADERO IMPROVEMENT DISTRICT 1%,10. 4 D , SEPERADD AREA - NOS. 1 - 299 198-7 988 I4 ASSESS. ASSESSOR' S NUMBER NUMBER ADDRESS SS Assessmen-�- 1 1-1 C. 3 28-o-/ a-1 4525 tvj I CIT= 9. .7-7 4 20'161-15 4515 SANT JAC IL INTO 369. 2-7 5 20'161-14 45 25 SAN JACINTO 3L9. 27 6 'C28'-161--07 4555 SD AN, JACINTO ;9. 27 7 28-161-06 4575 S-j A N JACINTO .?6;9. 27 8 2e-161- -:69. 27 22 4595 SAN JACINTO 9 28'16'1'21 4605 SAN JACINTO -3569. 227 12 28-161-03 4655 SAN JACINTO :769. 27 13 28-161-01 4690 SAN JACINTO T69. 27 14 28-2202-05 *3�69. 27 16 2e-15'2-4 0 -, c? 4995 DOLORES 3 17 28-11521-42 4651=? SAN JACTNI"�-G T =:69. 27 18 28-1522-44 4635 MANANITTA 369. 27 19 4 28-1�:522-15 5- 4644 SAN JACINTO Y69. 227 2 0 -7 20 28-152-43 T 4625 MANIA N.L Til 21 28--152-.1.6 46'24 SAN JACIN-'0 o. (-)o 22 2B-1 5'c:_'---6 6) 4615 MANANIITA 0 -7 27-1 213-152-49 461116 SAN JACINTO '369. 27 24 28-152-65 461?5 MANANITA '-769. '2)7 25 28-152-'S1? 4610 SAN 01ACINTO 69. 22 7 26 2 8-I c-512)-6 7 4595 INANANI TA 769. '*77 .4-, 2 7 '128--1 152-1.9 4598 SAN JACINTO 7,6-9. 27 29 28-1522-20 4 5-9 2 SA-l--d! JACINTO 369. 27 r'k i%I 1 j �C T 1•17'0 7369. 227 --J 4 5 rE36 Mm " L P% 7-2 228-15 22'Li{? 4 51 I*_'-.5 MANAN I T A17-7 07 x_e ^C7.-1 -5 rl 0 --" 41 J0- S�N JPCINTO 00 1 3-4 28-1572-0 10 4537 M A N I AN IL T tAt L.0 -7 � l �l 3 `{:,9. '2)_7 5 6 t8 15- 2-0 7 45�-:,5 M Ai'd A INI 1 1 A 37 2 8'1 4 45.'4 SAN JACINITO 36 ol 7f TQ 2O'157 27,-C-)8 457_',--T P-1 ANA N i TA • 69. 27 -Tq tri-15'2--45 45 SAN JACII.."ITO --2*6 9. '12 7 40 28El-15'2-(--)9 4-57'1 lyll A NIA!, -r-A 36 99. 2)7 41 2 --I-j-2--4 A� 4522 6 SAN JACINTO 3L . 27 A2 228-15 27-10 4=01 MANANITA 369. 2`17 '769. 27 4 2`8-15-2"-6 2 4526 SAN JACINTO 44 j 1 T 1 4•,.,__v 5- tyl A N A`N�Ir A Ir 6 9 22 7 46 2`)-1 5 2�- 4521 1'71 A 1`4 A N I TA 5.3 47 2R'152'29 477'-A3 SAN J,-,Clr---.ITO: -769. 27 48 2 8-1 5j271--3 o -4 5'2 7 SAN JACINITO 369. 27 49 2O`1-F-5 2-67 45 1 Il A IN--"I N I T A :-7;6 9. 27 "'8--152-4 3 4'---j 0 SAN JACINTO 369.227 50 x- 51 28-152--60 4509 iv!A 1`4 A N I TA ?69. 27 8.- I --j-RADA 52 8 9 5-z. 1 52--5 14! ESTRADf') *-3 6 9 7 54 r? c-)26 -7r L-0. 27 4' S T R A D 2 0 8-151-46 450 11 A 1\1 A N I TA 369. 227 56 23-151-45 .81C 4 ) I. -:r69. r:-)Jr r-STRADA - r- 7 2R-151'26 48(-)(-) LSTRADA 36 9. ^7 8 1 - 58A:. -i --_j 4511 "/E R En'A -69 C? 28-151'--58 4510 MANHANITA '69. '27 60 28--'15 1 24 4515 VERBA .69. 27 61 1-'S9 9. 41 5 J.6 11 A N A N IL T A 0 ATA CITY OF ii 1-iSC-ADLE-15,10 Di'---F*"CT NIO. 4 11 0 v r- SEPERADO AREA NOS. I 299 ASSESS. ASSESSOR'S 1988 NUMBER NUMBER SITUS ADDRESS Assess--menf- S 6 rn:,. 28-151-23 4517 Y E RIC B A 6 3 28-151---4 4521-) MANANITA 7-�,6 9. '2)7 65 28-151-42 41524 I"IAI"IANITA '69. 66 28-151'-5,0 4 5'�­) YERBA 7--:r 8. r•---,35 67 28-151-51 453:0 MANAN IL TA 369. 227 68 2E.,--151-- 0 4533 YERDA 369. 27 71 23-151--6o 45.?*2. MArIANITA -369. 27 72 28-151-18 4541 YERBA ,69,.27 73- 28-151-54 4534 MANANITA 369. 27 74 28-151-17 4547. YERBA -569. '27 75 28-151-55 457-16 MANANITA .-*7-b /Q. :?7 76 28-151-16 4545 YERBA 'x:9.27 7e 28--151--52 4547 YERBA 79 ?0-151-38 -Ar cz 4() MANANITA 0. 00 eo 28-'151---5--T 4551 YERBAF,6 9. 227, -r6r-,'. -2 7 45 55 0 11 A PA A N I A 77 6.9. 2)7 82 28-151-13 45 5---r err RBA S= -151-'61 "69. 27 28 -1 . 4560 MANANITA X� 84 28-151-.1 457P YERBA 369. 2 7 85 28-151--5". 17 4-57(.-) M A ki A N ITA 369. 227 yE7r-,-A 86 28-151-11 4615 C=: e-.7 .. -� -..j -r 9. 2"7 A-'J=P(***, MiANAN! I A ee 2,L-1711-_- C- 4 t;<R B A 27 89 28-15 1-'-�A- .-:69. 27 9c) 2 E)- I Cj 9 4 6 7 Y EE-RB A 91 I !463 M,i-IF I TA 6 . 27 9 151 -48 4S45 YERBA =6 C?. 27 93 22 aw--15 1- _.2 4658 M A f'111A N I T A 6 L?. 27 ­lcl-' ii-ip'l 27 94 28 4 16-6 a 11 A I T A X-%-. 4611 il Hk:'111 A Il J. rA 7-'6 c?. 27 96 28-1 C51 C-)66 5,5- Y ER BA'i 97 -3-1 4 1 77 YE_ TA 6'_j. go 28-1 i 467o 1.1 A 1\11 A t,,!T T A �r 1 CZ- 7 -7 4 6 1"', N i--1 N1.ITA 3"L.C;, 100 / 9 YERBO 467 - .L 0 --:rcig. �7 16 E 1) Y El ED A 369. 2" 9. 106 4i5_) D 0 L 0 FRiE S 2 '0-261-2/ ri n-7 2 0 4 6 6;C) Y ER B A D 7 110 --:)D. / . 464C) Y E R'81 A 7r-1X-.; -7 1 `Uig a YE1 F-.'/% 1 1 28-2.--,1-04 46C.C. %T/EF B" r. 1. 1 2 R C '- " 2 7 Pi-'2 cS I- C A. V! 1: 114 -2'8-2 6 1--.`c 4 5 6j C) NY'E FR E-3 A .-�T69. 2-7 115 2 0-22 61-?4 %-(E 5,,,R A T69. 'X-:-'7 116 20-141-21 4546 YEERDA 3 .;9. 27 1 1 -7 2 8--1411. C) 4516 YE i"dD A 1 .27 2f?-1 4 C 4/-.4(--) '.1 A .'69. 27 28,.--1.41'--t-)9 456 1 T D A _;69 19. 4'1-E); E S T R,.�.A CITY OF ATASCAD!.-RO TR r,-r P-40. 4 IMI'ROVEMENT D T SEPERADO AREA NDS. 1 - '-2-99 .1.9137 A=70SOR' SS 1?38 NUMBER NUMBER SITUS ADDRESS Assessment 28-141-29 4 322-C) ESTRADA 124 A-24 *3'.�:)9. 2 i.r7 1 0 "'RAD" 125 28-141-o4 4160 E S TR A D A 126 TRADA 36"::). 27 _C) . -77 1'X27 2 8-I Ll.IL C)"2- 404i:) r STRADA I 9 -I 1282 ' RADA 4 0 RD E S 1- 129 2.a-o 0 A R T Z 0'- A 3.)u=-?. 1 0 8-t;52 !-C) 4155 ESTRADA 6`i'. 2 28-052-32 4225'5 ESTRADA x. 27 �-7 2 8,-0 1 5'2�- 42220 AR.I.T ZOak,1A 3 6 9 a 2)7 13 4 '12 8-C) 4"5-L ESTRADA _`9a .27 1:35 A f-,T-7 C)l IA 9 2-7 . A-3 16 I"IH 136 2 8 5-2-14 45^5 Ez S IF R A D A0. 7 o " ZOK A -J� 4 37 4 A R 1Z 0 I'll 11 41C)--(-)r-.'")-i-0 T 9 4400 ARJ.ZONA 3,6c). 27 14.2'' 28-(,52 11 9 4455- EST .ADA ?X9. ..7 143 2e-o3j.- 2 c) 445,,) rA R IL Z 0'1:1A 146 26-0152--1 7 4555 E'S TRADA '69. 27 147 228-052-112 4 5 5 A R 111-7 01'1 A 71'6 9.27 14 BE 2 0 r 522-13 4 59 :E.5 TR A.D A :769. '-17 X-, 769. 27 149 22-0 62'-(-'),.L 41-:--19(--) AR 1.ZONA 1 c5i 0 28-i) -11 1L. 4 622 5 ESTRADA '7 9 --n.. /-7 464C) A R I ZZ 0 P-1 A --."69. 227 46'2'7' EES'T R AD A 1-7 .2 4 6f,33 0 A)R1�01 I"j.A 10 9 7 154 2 8-i i 6-2--31 4-6)3 E S T R.A D,A .3.69. -27- ) 156 28-0162-14 4633 ESTRADA -:!6 9. 2 7 157 8- 1 _ ?-) 2 -C) A R,r-7 i q (- 470 '769. 2-7 158 121 e C', 7 2_ E-S )DA T .369. 27 Rl" 159 71 7 a "-)6 2 22 33 4724 A R T Z 0 N A 161 28-062-06 4-7-'(- AR T�-n% 9. �7 16-2 2 B-()6,22-1-7 4 3 11 5- S R A D!=1 6 9 '227 16 28- 4704 AR Zf 3 1 1,A- 369. 2 7 164 7e-06--1 Lo27d 165 C 622- 369. 27 4 A jl 7 7 163 4 37,2 7r� Cj • -7 ESTRAE)A 1-171 zo 49 L Q '569. 2-7 172 2HE 1-C)6 2 48i R.'A D A ART 17 2-0)-(.6 22- 4 9. C) ZONi A1-- 6�94. 2 7 174 2)E-1- i62--22k'1 44' " SA t,1 J A C N T 0 6 "?7 01h r 175 '2�8 6 2-;? 4950 �)RiT -7� j._j 1 77:8. 53 1'176 28-0`1-4-� A-(**E37 ARIZONA 177 ^8 (*-*)!5 1-42 A0)67 ARIZONA 36c?c?. 2)7 178 -V 0 8 1-4 5- 4107 A R*1 Z 0 l`,,l A 27 1 .3-i 9 1 A i..k 17 01-%A I Z1 769. 27 rCli Zl.Q 4 7'51 5 AR I Z 0'%,!A 9 It • • CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 4 SEE'ERADO AREA — NOS. 1 — 299 1987 ASSESS. ASSESSOR' S 19se . NUMBER f4..J i'1BEE? SITUS ADDRESS Assessment --------------------------------------------------------- -------.---- 184 28--051 369. 27 185 28-051-30 30 4 05 ARIZONA 369. 27 180 28-051-31 4575 ARIZONA 369. 27 188 28-061-4i 4675 ARIZONA 369. 27 189 29-061-16 4685 ARIZONA 069.27 190 28-061-17 4095 ARIZONA 369. 27 9 191 •�3—s X01--:i 8 47 ?.'^-.a ARIZONA _:6 . . 192 28-061-19 4735 ARIZONA 369. 27 193 28-061-20 477..E ARIZONA 309. 27 194 28-061-21 4815 RI;O . 369. 27 1958 ARIZONA t 28—cyf,1-2'2 4.f "�._. r-1I?'B��iA 369. 27190 28-061-23 885 ARIZONA -rh T 92 198 28-061-36 ?35 ARIZONA 369. 27 �6 . 2 199 28—iJ1-J/ 494C ARIZONA 369u2 / 200 - 23-061-27 4?5 c ARIZONA 738. 53 201 26-061-28 4965 ARIZONA 369. 27 20 28-061-13 4470 SN _7 ACN T 8 69. 27 TOTAL 63, 709. 96 7 gZ' DAr M E M O R A N D U M To: City Council From: David G. Jorgensen Date: July 16, 1987 Subject: Approval of Cooperative Personnel Services Agreement RECOMMENDATION It is recommended that the City Council approve the renewal of the agreement with Cooperative Personnel Services. DIS CUSSION rThe City has had an agreement with Cooperative Personnel Services since October 1, 1979. The purpose of the agreement is to allow the City to use the testing material of Cooperative Personnel Services, while going through the recruitment process. The agreement is reviewed by Cooperative Personnel Services on an annual basis. They have requested a renewed agreement to update their files on current City staff. i • RESOLUTION NUMBER 70-87 RESOLUTION OF THE CITY COUNCIL OF CITY OF ATASCADERO AUTHORIZING ENTERING INTO AN AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES WHEREAS, the City of Atascadero entered into an agreement with Cooperative Personnel Services on October 1, 1979 , for the purpose of performing testing services; and WHEREAS, Cooperative Personnel Services requires the City to update the original agreement and to extend provisions of the agreement .. NOW, THEREFORE, be it resolved that the Atascadero City Council authorizes the Director of Administrative Services to enter into and sign an agreement with Cooperative Personnel Services. On motion by Councilperson and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call votes: AYES: NOES: ABSENT: ADOPTED• CITY OF ATASCADERO, CALIFORNIA By: BARBARA NORRIS, Mayor • 0 Resolution 70-87 con' t. ATTEST: BOYD C. SHARITZ, City Clerk PREPARED BY: U ��'i fnr� DAVID G. JO GENSEN, Director of Administ t ve Services APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney A OPERATIVE PERSONNEL SERVICES STANDARD TEST USE AGREEMENT TERMS AND CONDITIONS Section I - PURPOSE OF AGREEMENT Ihis agreement is intended to define CPS Standards and Procedures, services and test security. Test security standards are designed to protect the mutual interests of all clients that use test materials obtained from Cooperative Personnel Services (CPS), as well as the interests of persons who take such tests. In order that no person may gain special advantage by having improper access to the material, CPS requires as a condition for making its test materials available for rental that all users sign this agreement and fulfill its terms. Section II - CPS STANDARDS AND PROCEDURES 7he following provisions shall govern CPS services for planning, sche- duling, preparation, construction and scoring examinations. A. Custom Tests 1. Information Required from Clients. A client desiring custom exam preparation services is responsible for furnishing to CPS a written description of the work to be per- formed, the skills, knowledge and abilities required to perform the duties of the position, special working conditions, shifts, loca- tion of the job, required licenses or certificates, salary and shift differential if any. 2. CPS Preparation of Test Materials. CPS shall construct a written examination, based on the information furnished by the client, for each job classification for which an examination has been requested and agreed upon by CPS and the client. B. Standardized and Custom Tests 1. Scheduling of Examinations. Client desiring exam preparation services shall notify CPS sufficiently in advance to allow time for scheduling and prepara- tion. 2. Client Notification to CPS of Number of Competitors. Immediately after the closing date for filing applications, but not less than 10 working days prior to the examination date, the client shall notify CPS of the total number of competitors in each classi- fication. -1- 3. Transmittal of Test Materials. CPS shall provide the client with sufficient examination booklets, instructions for administering the examination and such other material as CPS may deem necessary. 4. Client Administration of Test and Return of Test Materials. Client shall administer the examination in accordance with instruc- tions provided by CPS and immediately following the examination will return all used and unused examination booklets, keyed booklets, scoring keys, instructions, and any other materials fur- nished by CPS and not consumed (except that in such cases as pro- vided in paragraph I.B(7), I.B(8), and I.B(9) time extensions may be granted by CPS). 5. Re-Use of Test Materials. Client requesting test material use for a specific date and candidate count, will not be allowed to re-use the tests for another date or candidate group without prior permission of CPS. 6. Scoring of Tests. At the discretion of the client, responsibility for the scoring of tests may be provided by CPS. In such cases, CPS will score the answer sheets and report the results, together with a recommended qualifying score, to the client within 14 calendar days after the answer sheets are returned to CPS. Provided, in unusual cir- cumstances involving large numbers of competitors or unforeseen difficulties in administration of the test, CPS may extend the period for receipt of results. 7. Test Papers Inspection Under Client Policy. If the client has an officially adopted rule or established policy regarding candidates ' privilege of inspecting a keyed copy of an examination or answer sheets following the examination, and this rule or policy has been submitted in writing to CPS at least 10 days prior to the first examination scheduled under this agreement for which such inspection is desired, CPS will comply with the inspection privileges as officially recognized by the client. Exception - no inspection shall be allowed for standardized test materials, or test preduplicated as form tests or semi-form tests, or of questions not scored by an absolute standard. During key inspection, a representative of the client 's Personnel or Administrative office must be present to assure that no can- didate takes away, from the review, any notes regarding a test question. Upon request of the client, and when submitted in writing by a candidate who participated in the examination, CPS will analyze protests resulting from such review and recommend the action to be taken by the Local Agency. -2- • • 8. Test Papers Inspection Under CPS Policy. If the client has no officially adopted rule or established policy regarding candidates' privilege of inspecting a keyed copy of an examination or answer sheet(s) following the examination and wishes to allow such an inspection privilege, the following CPS policy shall govern: a. Key Inspection. Inspection of a keyed copy of the exami- nation question book, for the purpose of requesting a review of such items as the candidate may believe are incorrect or improperly keyed, will be allowed for five working days immediately following an examination, pro- viding this has been requested by the Local Agency at least 10 days prior to the examination. The inspection time allowed a candidate will not exceed one-half the amount of time originally allowed to answer the question during the administration of the examination. During key inspection, a representative of the client's Personnel or Administrative .office must be present to assure that the candidate takes no notes of any kind regarding any test materials. Upon request of the Local Agency and when submitted in writing by a candidate who participated in the examina- tion, CPS will analyze protests resulting from such review and recommend the action to be taken by the Local Agency. b. Answer Sheet(s) Inspection. Inspection of a candidate's answer sheet(s), for the purpose of detecting whether any clerical or other error has been made in the scoring of the answer sheets, shall be allowed for a 14-calendar-day period immediately following the notification to the can- didate of examination results. Upon request, CPS will return the candidate 's answer sheet(s) after scoring and a copy of a keyed answer sheet(s) to the client. Candidates are not allowed to review the question booklet during this inspection period. Not more than one hour will normally be allowed for answer sheet(s) review. A representative of the client 's Personnel or Administrative office shall be present to assure that no changes or marks of any kind are made by the candidate on the answer sheet(s) or the keyed answer sheet(s). c. Certain Tests Not to be Open for Key Inspection. Standardized tests, form tests, semi-form tests, and questions not scored by an absolute standard will not be available for keyed copy inspection nor may candidates be allowed to review copies of these tests at any time. -3- 9. Extended Usage. If the client wishes to administer examinations on a continuous basis for certain mutually agreed upon classes, CPS may, in its discretion, supply the examination booklets, a scoring key and instructions for extended usage. Extended usage is defined as the client 's retention of examination booklets and instructions after their initial administration for the purpose of readministering them. The client shall score such examinations. 10. Examination Charges. In consideration of the performance by CPS for testing services specifically described in this Exhibit, the client agrees to pay CPS in accordance with "Written Examination Price List" (Exhibit A) in effect at the time of rental arrangements. 11. Canceled or Postponed Examinations. Clients may be billed for work done on a canceled or postponed exa- mination up to the time CPS is notified of such action. Under cer- tain circumstances, credit may be given for work already performed if the test is rescheduled. C. Client Responsibilities The client shall perform all parts of the examination process which have not specifically been requested of and agreed to by CPS. Client shall assume responsibility for the conformity of the exami- nation process to any applicable laws, rules, or ordinances and for the examination as a whole. Under the selection guidelines of the Equal Employment Opportunity Commission and the California Fair Fmployment and Housing Commission the client as test user is responsible for the results of the selection process and must be prepared to demonstrate that the process is valid and meets other testing standards if it adversely affects groups protected by fair employment laws. Section III - SECURITY OF TEST MATERIALS All test materials supplied by CPS under this agreement shall be and remain the property of CPS. They shall be held and stored in a manner that will prevent unauthorized persons from having access to them. The client agrees to be responsible for the security of all test materials supplied to the client and agrees to reimburse CPS for a portion or all of the replacement costs, as determined by CPS, for test materials that are lost or whose value for testing Purposes, in the opinion of CPS, may have been destroyed while said s -4- test materials were subject to the custody of the client. Question booklets shall not be duplicated nor test questions copied by the client under any circumstances. If any test material obtained from CPS should become involved in legal proceedings by a court or other body vested with legal authority, CPS will take appropriate measures to safeguard the con- fidentiality of the test material including answer sheets such as by motion for protective order. Section IV - TERMINATION OF AGREEMENT CPS retains the right to terminate this agreement and withhold or recall its test materials if it believes the terms and conditions of this agreement are being or have been violated. -5- V. PARTIES TO THE AGREEMENT The parties to this Standard Test Security Agreement are the Cooperative Personnel Services (CPS) and the client named below. A. Principal Signer On behalf of this agency, I accept this agreement and assure compliance with its terms and conditions. City of Atascadero Client Name 6500 Palma Avenue (P. 0. Box 747) Address Atascadero, CA 93422 (93423) City State/Province Country Zip Code ( 805) 466-8000 Telephone number to contact regarding test orders David G Jorgensen Name of Principal Signer Director of Administrative Services Title Signature/Date B. ALTERNATE SIGNERS (optional) On behalf of this agency, I accept this agreement and assure compliance with its terms and conditions. Alicia I. Lara Name of First Alternate Personnel Technician Title u Signature/Date N/A Name of Second Alternate Title Signature/Date Keep the one copy for your files. Sign and return the other copy to CPS. r Y k 9 BILLING INFORMATION For office use onl QTest Use Agreement Technical Contract Interagency Agreement A. Client Information i�dA " City of `Atascadero r ' " Agency Name 6500 Palma Avenue (P. 0. Box `747) Address ` v 2";, Atascadero CA 93422 (t93423) � � a p b1Mb lw 4 1 City State/Province Country Zip Code � David G. Jorgensen r 4f ' { w Respnsible Name s J 4 Director of Administrative Services } fi ,Title - ,� 80 --------------------- 5) 46_6-8000_ Telephone X` b ,r B. °BILLING INFORMATION - Administrative Services - Personnel Department ` P. 0. Box 747 Address---- w- Atascadero California 93423 City State/ProvinceCountry Zip Code Alicia I. Lara Attention to: Name (optional) Personnel Technician Title 805 46_6_-8000 Telephone �~ Please notify CPS of Billing Information Changes M E M O R A N D U M • TO: City Council July 28, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director WE> - SUBJECT: Tentative Parcel Map 19-87 LOCATION: 2800 Ardilla Road APPLICANT: Norman Ruskovich REQUEST: Resubdivision of six parcels containing 30.26 acres into six lots and a lot line adjustment request to relocate the right-of-way of Ardilla Road. BACKGROUND: The Planning Commission conducted a public hearing on this matter at its July 7, 1987 meeting, unanimously approving the request subject • to the findings and revised conditions of approval contained in the attached staff report. There was some discussion on this matter as reflected in the attached minutes excerpt. RECOMMENDATION• Approval of Tentative Parcel Map 19-87 per the Planning Commission' s recommendation. HE:ps Enclosure: Revised Conditions of Approval - July 7 , 1987 Staff Report - July 7, 1987 Minutes Excerpt July 7 , 1987 cc: Norman Ruskovich Central Coast Engineering EXHIBIT F - Conditions of Approval • TPM 19-87 (Ruskovich/Dovica) July 7, 1987 (Revised 7/7/87) CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. The private access road shall be constructed to the following standards: A. 16 foot all-weather traveled way B. 20 foot wide road bed C. Minimum 50 foot centerline radius D. City standard cul-de-sac at the terminus of road where parcels 2, 3 and 4 meet. *4. Construction of the private access road shall be completed (or • suitably guaranteed) prior to recordation of final map. 5. Obtain Encroachment Permit from the City of Atascadero Public Works Department prior to the construction of the private access road. Obtain Encroachment Permit and construct City standard en- croachment as directed by permit for all existing encroachments prior to recordation of the 'final map. 6. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel which abuts the private access road at the time it is first conveyed and a note to this effect shall be placed on the final parcel map. 7. An offer of dedication to the City shall be made for the following rights-of-way: A. Street Names: Ardilla Road and Balboa Road B. Limits: Entire property frontage C. Minimum Width: 20 feet from centerline except where addi- tional R.O.W. is required at intersection of Ardilla and Balboa Roads as determined by the Director of Public Works. . 8. An offer of dedication shall be. made to the public for the Public Utilities Easements. 9. Offers of dedication shall be completed and recorded prior to or • simultaneously with recording the final map. *Revised Condition • • 10. Install all street signs, traffic delineation devices, warning and regulatory signs, guardrail, barricades, and other similar devices where required by the Public Works Director as per approved site plan. Signs shall be in conformance with the Public Works Depart- ment standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 11. Drainage facilities shall be constructed to City of Atascadero standards. 12. Provide drainage easements, and/or drainage releases, from points of concentration of stormwater leaving the site through--- adjoining properties to the nearest natural watercourse as approved by the Director of Public Works prior to recording the final map. 13. Grading, drainage, and erosion control plans for the private ac- cess road, prepared by a registered civil engineer, shall be sub- mitted for review and approval by the Community Development and Public Works Departments prior to recording the final map. 14. A drainage maintenance agreement, in a form acceptable to the City Attorney shall be recorded with the deed to each parcel at the time it is first conveyed and a note to this effect shall be placed on the final map. • 15. Any necessary quit claim deeds shall be prepared and recorded con- currently with the final map for that portion of the real property affected by the adjusted lot lines. 16. Any relocation of public utilities necessitated by these condi- tions of approval shall be at the sole and complete expense of the applicant. 17. Upgrade to City standards the fire hydrant in front of 2800 Ar- dilla Road prior to recording the final map. 18. Install a City standard fire hydrant at the terminus of the pri- vate access road. 19. 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 Lot Division 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. • s b. A recently updated preliminary title report shall be sub- mitted 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. 20. Approval of this tentative parcel 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. City of Atascadero Item: B-1 STAFF REPORT FOR: Planning Commission Meeting Date: July 7, 1987 BY: Steven L. DeCamp, Senior Planner File No: TPM 19-87 Project Address: 2800 Ardilla SUBJECT: Resubdivision of six (6) parcels containing 30.26 acres into six (6) lots; four containing 3.48 acres, and one each at 6.96 and 9.38 acres. The application also includes a lot line adjustment to relocate the right-of-way of Ardilla Road. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . .Norman Ruskovich/Charles Dovica 2. Representative. . . . . . . . . . . . . .Central Coast Engineering 3. Site Area. . . . . . . . . . . . . . . . . . .30.26 acres 4. Zoning. . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 5. Existing Use. . . . . . . . . . . . . . . .Single Family Dwelling 6. General Plan Designation. . . .Suburban Single Family 7. Environmental Status. . . . . . . .Negative Declaration posted May 18, 1987 B. ANALYSIS: The appliction before the Commission proposes the resubdivision of six (6) parcels containing 30.26 acres into six (6) reconfigured parcels containing 3.48 acres (4 lots) , 6.96 acres, and 9.38 acres. The subject property is located in the RS (Residential Suburban) zone. Minimum lot size in this zone ranges between 2. 5 and 10 .0 acres depending upon the "score" of various performance standards. For this site, the minimum lot size criteria are: Distance from center (10 ,000 - 12, 000 feet) 0. 30 Septic suitability (severe) 1. 50 Average slope (10%) 0. 50 Condition of access 0. 40 General neighborhood character (3.92 acres) 0. 78 Minimum lot size : 3.48 acres • • The lot sizes proposed (3.48 acres, 6. 96 acres and 9.38 acres) are equal to or larger than the minimum sizes that would be allowed. No "new" lots are being proposed as a result of the resubdivision. The existing six lots are being reconfigured to better utilize the site and accomodate the existing use of the property. Specifi- cally, the new lot lines will more accurately reflect the use area of the existing single family dwelling and the orchard. A second portion of this application involves a lot line adjust- ment between the Ruskovich property and the Dovica property on the opposite side of Ardilla. The Dovica property (Tract 1057) was subdivided (tentative approval) several years ago. This tract can not be finaled until a lot line adjustment is accomplished which will move the right-of-way of Ardilla. Because Ardilla was con- structed outside of its right-of-way, this lot line adjustment is required to correct the alignment. In addition, the lot line ad- justment will allow for the establishment of an improved alignment at the intersection of Ardilla and Balboa Roads. The proposed resubdivision will result in an improved configur- ation of the lots. Each of the lots will have an adequate build- ing site for future residential development. The lot line adjust- ment will result in an improved alignment for Ardill and its in- tersection with Balboa. This will provide a benefit to both of the affected property owners as well as the traveling public. D. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 19-87 based on the Findings in Exhibit E and the Conditions of Approval in Exhibit F. SD:ph Attachments: Exhibit A - Location & Zoning Map Exhibit B - Resubdivision Map Exhibit C - Lot Line Adjustment Map Exhibit D - Reference Map Exhibit E - Findings for Approval Exhibit F - Conditions for Approval CXWIBI 1 � � CITY OF ATA 4� SCADERO CAD COMMUNITY COMMUNITY DEVELOPMENT T rM 19-37 DEPARTMENT C J 1 A H) w Irl 1 ROOD 1\ 00 ZSoo A,-d1II�. I) l - - J �5 A -Q P POGO i DAL TR.Ac.T 1o51 (DOVIC-A) �� A,-d►II�. � �3z�1 boy, 12ds. RS ' AT 8Zo 3zS: t \4. RS ` C o � CITY OF ATASC - ADERO �a�:? t a n+. ParGaA l AAaro_ t— 8", 't 1979-7 - ' - COMMUNITY DEVELOPMENT I�ChuWkvlllQw% DEPARTMENT a PM 0 1 ' -KfFERENCE3 !< w \5\ w•/ 1 HAnJ (Abe I2(Abw(d) D a•r \L R i.� LEGEND o--ser n' reeve u/w �•j ` \ / \\�;• Q<radt<1. Lal uus 11FAR�fK 5 r; ' � ��:a<i.�,�rx.r ._.roues/�x.cesner •�' PASCEL s f'•) /.,, a<+,r<� L9reLOLD, ermo • PARCELS !•:ras,vvrn %iweo N,xY. .� c•� INK. l•X.Ob L•,.TM`,� . '��T.a b / r rLr<ir a m y cotrry ! 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I TENTATIVE PARCEL MAP AT 86-252 bgMwr►CaATiQsir � '".•N•�p re rr..°t/R.rO!i DaLn9 a LOr L/NE RDJUSTM6NT of /�+�vr.ayhf+r a+rwm rt: N rc "/, LOtb /2.929,90.end 9/rr B/aek 9G od "�"'�'"♦"„�r,,."� eu ua xv..o ��' Mo'mewMr "u'c^ Lofs ,�¢/S Crrd n M 9/ocr 24 of rw.✓.'..re..,..y.c..r�...n.v �.ra..r.o.w�.•w.�a..y.•wvra.rrww.r. cw,.rvr LEN7XA-r R5T -NG/N f'2/NFs Rloxode�p Cobvitir C' of flbsmidtip• A., 1.vn.nc.z,_. � Pe Stalz of Col;lonGa ww/.arrr..A"~ 5aL Lars O ,Ca. •Maol - • OUCLr r o•z • • LX441 d)-r D CITY OF ATAS rM, .,7loin � CADERO Tr�.�-+ cos 7 � �r s ,►-CAD��' COMMUNITY DEVELOPMENT !'?Lp4rake-d OnIy DEPARTMENT 0 TPnk t 9 - 37 V1Jn0 7A61.V eAseMCWTS 1/e MOM x ArAO"O"O L/NVAL WMer W ,\ ` w CL 9"M/N tapes COWMI MI 4 .4 '. JW ar.M/ caoW LMMO C"MUP"I q 3 lrer at.ret ra a a AW na f z if-A to, C a . .� g LpAliwAM 8 •;r:; •h f— iso aama • •*, w f i2 ff (0 ati oy` f j OnaJ rro..YEi rt ysr• l '� ~''re A/)' V10191TY MAP Q YO 14 L� A'rEr�4" eeN leoAerss •r9uxrtr.�"" �l3 � FFiFFiILe1VCGS aw N 1 LL1/6 L A ATA#Uvmo eo~ ' q� ,yd , r'4,� :�"r".r�:.°.e •y� �q e! eu. uw.aL••rss L•Kaoo ft-21 !00 asee IZ' 4 h;j� I•tv"oY Loo * `f,:`sr• '�IFA//1 K K P �' 'A• ���•—• R LCM-WIr N LG.CO. �. qtr q, � esT yi•0 fL z M CA/fm rias. e•tr• ` • r TLY Y� Fl Reb[4.r vCi?Lo reo acne • ,� a �, !.a ALLAI �•�` �� 2 •,p �,,, �s. BR618 Gic BEAlL/i(lG5 O e 10 leo aerie A. �9r�..x+m am caurAfLwv a-Amy"4 A w Q 9 fea Ae4W w �� • �'y �, 4f A!blOwa/CU A R1RLi4✓A/C/11V•tH s 3 ��T._ I �XF<trGVoIVLCLY VRK o-I �„"'-,sur J '"'•, '�• Lm»aw/orso.alloi.s'rr.'jv.N. v w yt xSR r.f -8eebyt f90 l[A'i1 ee ,Yxn�v�.. {/ Q: N a..�. YeTY'N• 1CteY p fH.rl II� / alfa &-/n R. � ;'}�.a, L•/K fo L•/ezw / T xese SW GL r0•M N �ro vnFrSW 46tggAaWo" G lfOACA7e C•{ t nN tV ,�.nr:1O v•w _ x =4,'-* Ea ��00 !xr ;; « 1TRACT N0. 1057 \/�� w�ra/r- s L i$ Y 3 b i f Z r/saef �� 1 U 9"A&Wm6W a-Lore Ar 6.w,n A+ At '1 t� [:2 t pN L•neo , ""aLtiac:ramasuaro ea:oub' YLtiW :.� �g �p A�1 si wa 4 61,V4 0 97- t_—Are aecai/rrva-u YwsvmR/� 'A. /•Q g t �k wa 3Q-# � ,,,w• p t C.V/LUtlLlXS/Q durC. a:lAAa[A//A- 8 "me".Arw a•wn ro aw I-on. Lib\� L•r��. � � _ —_�yo��_y. �� �. 6 ti e_ 'F• •j� / y�r�'°r e"' p ra/r '1 GGNTXAL COAST A°r rO r•L4?Lpii•'fba+.w 1 LF��' ( f••++v�a '�a R 14 0 iuccLeN"Imee�lra� L• 1•et'e1' //f L•1Ab \` w+Wc VNq FiN LNe aeH10 41 I110L +n//)DARK e1 � ��/p PueiOl ae a�• i.,! • 0 • EXHIBIT E - Findings for Approval TPM 19-87 (Ruskovich/Dovica) July 7, 1987 FINDINGS: 1. The creation of these parcels conforms to the Zoning Ordinance and the General Plan. 2. The creation of these parcels, in conformance with the recommended conditions of approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development pro- posed. 4. The site is physically suitable for the density of development proposed. 5. The design of the subdivision 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 improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or that substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to methods of handling and discharge of waste. • 9 EXHIBIT F - Conditions of Approval TPM 19-87 (Ruskovich/Dovica) July 7, 1987 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. The private access road shall be constructed to the following standards: A. 16 foot all-weather traveled way B. 20 foot wide road bed C. Minimum 50 foot centerline radius D. City standard cul-de-sac at the terminus of road where parcels 2, 3 and 4 meet. 4. Construction of the private access road shall be completed (or bonded for) prior to recordation of final map. 5. Obtain Encroachment Permit from the City of Atascadero Public Works Department prior to the construction of the private access road. Obtain Encroachment Permit and construct City standard en- croachment as directed by permit for all existing encroachments prior to recordation of the final map. 6. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel which abuts the private access road at the time it is first conveyed and a note to this effect shall be placed on the final parcel map. 7. An offer of dedication to the City shall be made for the following rights-of-way: A. Street Names: Ardilla Road and Balboa Road B. Limits: Entire property frontage C. Minimum Width: 20 feet from centerline except where addi- tional R.O.W. is required at intersection of Ardilla and Balboa Roads as determined by the Director of Public Works. 8. An offer of dedication shall be made to the public for the Public Utilities Easements. 9. Offers of dedication shall be completed and recorded prior to or simultaneously with recording the final map. 0 10. Install all street signs, traffic delineation devices, warning and regulatory signs, guardrail, barricades, and other similar devices where required by the Public Works Director as per approved site plan. Signs shall be in conformance with the Public Works Depart- ment standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 11. Drainage facilities shall be constructed to City of Atascadero standards. 12. Provide drainage easements, and/or drainage releases, from points of concentration of stormwater leaving the site through adjoining properties to the nearest natural watercourse as approved by the Director of Public Works prior to recording the final map. 13. Grading, drainage, and erosion control plans for the private ac- cess road, prepared by a registered civil engineer , shall be sub- mitted for review and approval by the Community Development and Public Works Departments prior to recording the final map. 14. A drainage maintenance agreement, in a form acceptable to the City Attorney shall be recorded with the deed to each parcel at the time it is first conveyed and a note to this effect shall be placed on the final map. . 15. Any necessary quit claim deeds shall be prepared and recorded con- currently with the final map for that portion of the real property affected by the adjusted lot lines. 16. Any relocation of public utilities necessitated by these condi- tions of approval shall be at the sole and complete expense of the applicant. 17. Upgrade to City standards the fire hydrant in front of 2800 Ar- dilla Road prior to recording the final map. 18. Install a City standard fire hydrant at the terminus of the pri- vate access road. 19. 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 Lot Division 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 sub- . mitted 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. 20. Approval of this tentative parcel 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. • 0eeting Date: 7/21/87 *tem: A-2 • MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting Tuesday, July 7, 1987 7:30 p.m. he regular meeting of the Atascadero Planning Commissio was calle to order at 7 :35 p.m. by Chairman Bond, followed by th Pledge 1 of Alle iance led by Commissioner Copelan. ROLL CALL PRESENT: Commi ioners Kidwell, Hatchell, Nolan, Lopez-Balbontin, Copelan and Chairman Bond ABSENT: Commission Michielssen (excused) STAFF PRESENT: Henry En en, Community De v lopment Director; Steve DeCamp, S for Planner ; an Patricia Shepphard, Admin- istrative cretary I A. CONSENT CALENDAR S1. Approval of minutes o the r ular Planning Commission meet- ing of June 16, 198 2. Consideration o time extensio of Tentative Tract Map 820802:1 betwe Highway 41 (Morro oad) and San Marcos Road - Robert Ibs It was noted t at due to Item A-1 not being mpleted in time for review, this tem would be pulled from the con nt agenda. Henry Eng n noted that on Item A-2, the report re rs to a Nega- tive D claration being prepared when, in fact, a Environmental Impac Report had been previously certified. MO ON: Made by Commissioner Hatchell, seconded by Comm sioner Copelan and carried unanimously to approve Item -2 of the consent calear . B. HEARINGS, APPEARANCES, AND REPORTS 1. Tentative Parcel Map 19-87 : Request initiated by Norman Ruskovich/Charles Dovica (Central . Coast Engineering) for resubdivision of six parcels contain- ing 30. 26 acres into six lots (four containing 3.48 acres and one each at 6 .96 and 9. 38 acres) . The application also in- cludes a lot line adjustment to relocate the right-of-way of Ardilla Road. Subject site is located at 2800 Ardilla Road. Minutes - Planning Commission - July 7 , 1987 Steve DeCamp presented the staff report noting that a lot line, adjustment is included within this request. He then responded to questions from the Commission. Mike Zsatlocky, with Central Coast Engineering, representing the applicant, briefly explained the background associated with this request and the neighboring Dovica tract map. He noted oppo- sition to condition #4 stating the cost to comply with this condi- r tion would be approximately $45,000 . He asked for consideration in amending the condition to provide for the posting of a security or bond. Mr. DeCamp explained that the decision of posting some type of security is a decision the Public Works Director makes, but felt that in this case, the condition could be modified to include wording . . . "private access road shall be completed or suitably guaranteed. . . " — Mr . Zsatlocky noted that the Dovica tract map is on its last time extension (ending September or October , 1987) and explained that his firm' s intention is to solely adjust the lot lines associated with the Ruskovich request in order to final the Dovica tract map. Mr . DeCamp clarified that the Dovica map' s filing is contingent upon getting the lot line adjustment on Ardilla. He suggested that in order to expedite the Dovica filing, this map could be phased in two parts whereby the lot line adjustment for Ardilla is filed first and the resubdivision of the Ruskovich property could happen afterward. Mr . Zsatlocky stated he would have no problem with this. Fred McGauley, 2685 Ardilla, commented on the map and asked some general questions concerning the request, to which Mr . DeCamp responded. In response to questions from the Commission, Mr . DeCamp clarified that the Dovica map had been conditioned for certain road improve- ments along Ardilla. Building the road in the right-of-way as it exists right now would not have provided as good a road because of the configuration of the right-of-way. By affectuating a lot line adjustment between Ruskovich and Dovica, Ardilla will be able to be re-aligned and insure a right-of-way which will include all of the pavement in the road bed, as well as assurance of a better alignment for the intersection of Ardilla and Balboa. He ex- plained that if the Dovica map expires and a re-filing is neces- sary, 2 1/2 acre lots wi .,_not be allowed (under the current Zon- ing Ordinance) . MOTION: Made by Commissioner Copelan, seconded by Commissioner Hatchell and carried unanimously to approve Tentative Parcel Map 19-87 subject to the findings and conditions contained in the staff report with modification to condi- tion #4 to read: 114. Construction of the private access road shall be iscompleted (or suitably guaranteed to the satisfac- tion to the Director of Public Works) prior to recordation of the final map. 2 • A DT • M E M O R A N D U M TO: City Council July 28, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Tentative Tract Map AT 820802:1 LOCATION: Between Highway 41 (Morro Road) and San Marcos Road south of the present terminus of Vista Road (Portion Lot 46, Block 40) APPLICANT: Robert L. Ibsen (Dan Stewart) REQUEST: To allow a time extension in order to give the applicant additional time to comply with the conditions of the ten- tative tract map. • BACKGROUND: At the Planning Commission' s July 7th, 1987 meeting, the above-refer- enced item was considered on the consent calendar. Upon review, the Commission approved a time extension to May 25, 1988. There was no discussion nor public testimony given. RECOMMENDATION: Approval of a time extension to May 25, 1988. HE:ps cc: Robert L. Ibsen Dan Stewart x City of Atascadero Item: A-2 • STAFF REPORT FOR: Planning Commission Meeting Date: July 7, 1987 BY:9.*Doug Davidson, Associate Planner File No: AT820802:1 Project Address: Between Highway 41 (Morro Road) and San Marcos Road south of the present terminus of Vista Road (portion of Lot 46 , Block 40) SUBJECT: To allow a time extension in order to give the applicant additional time to comply with the conditions of the tentative tract map. BACKGROUND: On May 25, 1983, the City Council gave tentative approval to the divi- sion of 123. 85 acres into 31 lots ranging in size from 1.01 acres to 20.10 acres. Phase I of the tract map was given final approval by the City Council on June 9, 1987 and subsequently recorded. This time• extension request is to allow for the completion of conditions re- quired for Phase II and Phase III. This is the third and last time extension allowed under the Subdivision Map Act. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . .Robert L. Ibsen 2. Zoning. . . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 3. Existing Use. . . . . . . . . . . . . . .Vacant 4. Adjacent Zoning and Use. . . . . .North: RS, Residential South: RS, Residential East: RS, Residential West: RS, Residential 5. General Plan Designation. . . . .Suburban Residential 6. Environmental Status. . . . . . . . .Environmental Impact Report previously certified • 0 Staff Report - AT820802:1 (Ibsen) (Time Extension) July 7, 1987 B. ANALYSIS: The applicant has submitted this map (Tract 1382) for final check. However, to ensure that the map would not expire on May 25, 1987, a time extension was applied for on May 22, 1987. As stated in Exhibit A, there have been no changes which would effect this ap- proval. Staff sees no problem in granting this time extension. C. RECOMMENDATION: Staff recommends approval of the time extension request based on the findings in Exhibit A and the conditions set forth at the time the map was originally approved. Approval of this one year time extension shall expire on May 25, 1988. DD:ph Attachments: Exhibit A - Findings for Approval Exhibit B - Staff Report dated May 16, 1983. • • EXHIBIT A - Findings for Approval (time extension) AT 820802:1 (Ibsen) July 7, 1987 FINDINGS: 1. There have been no changes to the provisions of the General Plan or Zoning Ordinance applicable to the project since the approval of the entitlement. 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or Zoning Ordinance apply to the project. • n e n na ❑ ral, n -:y CITY OF ATASCADERO ..,,.... : q< � p o . i 1918 1979 Planning Department April 18, 1983 May 16, 1983 (Revised) STAFF REPORT T 'i y SUBJECT: TENTATIVE TRACT MAP AT 820802:1 "AT s LOCATION: Between Highway 41 (Morro Road) and San Marcos Road - south of the present terminus of Vista Road (Portion of Lot 46, Block 40) APPLICANT: Langford and Ibsen Enterprises (Stewart) REQUEST: To divide 123.85 acres of land into 31 lots ranging in size from 1.01 acres to 20.10 acres. BACKGROUND 1. Zoning: RPD-4 2. General Plan: Suburban Single Family Residential 3. Environmental. Determination: An Environmental Impact Report has been previously certified for this site in association with Zone Change 2801107 :1. 4. Site Conditions: The site is comprised of hilly terrain with num- erous drainage swales, a pond, lowland and natural vegetation con- sisting of dense oak stands, scrub oak, chapparral and grasses. " One drainage Swale from San Marcos Road runs eastward between pro- > posed Lots 1 and 2 located at the southwest corner of the site and drains into the pond between proposed parcels 13 and 14 in the central portion of the site. This Swale continues beyond the man- made pond to low lying ground. Another steeper Swale runs north- easterly from -San Marcos Road between the boundaries of proposed Parcels 6 and 7, and 6 and 8. This Swale empties into a low lying swamplike area at the present . terminus of Vista Road. A second, small seasonal pond is located at the easternmost corner of Lot 15. Slopes throughout the site range from 10% to 108$. A jeep trailer is located at the southwesterly corner of the site at San Marcos Road and runs along the southerly property line approxi- mately 1500 feet before turning northeast into the central part of the site. A second jeep trail runs through the lower portion of the site across proposed Lots 19, 18, 20, 21, 22 and off the site to the east. Vegetation generally consists of natural grasses and chapparral on the upper half of the site and dense stands of oak • trees on the lower half. Rock outcrops appear thoughout the site. Tentative Tract Map 820802:1 (Langford &Ibsen Ent. ) 5. Project Description: The applicant proposes to divide his 123.85 acres of land into 31 lots ranging in size from 1. 01 acres to 20.01 acres. The RPD-4 zoning (Rural Planned Development 4 acre average lot size) allows the applicant to create lots which vary in size but do not go beyond the maximum density of one unit per four acres. The applicant desires to construct the . site in three phases. Phase I is composed of the eight lots (1 through 8) fronting on San Marcos road ranging in size from 1.01 acres to 1.40 acres. Phase II is composed of lots 9 through 16 and lots 26 through 31 (14 lots) ranging in size from 1.34 acres to 3.50 acres. Phase III is composed of the remaining lots 17 through 25 ranging in size from 3.03 acres to 20.10 acres. For Phase I development, the applicant proposes relocating the jeep trail on lot 1 to follow a more uniform grade to San Marcos Road by connecting the, road through to lot .2. Both lots would then use this as driveway access improved to a 16 foot width. A 30 foot easement would be reserved over the same drive for emergency egress when Phase II develops. Access to lot 5 is proposed along that lot's southern property line which is 10 feet from the steep- est swale on the site. This driveway would require fill and pro- tection of the swale. Access to lot 6 is via a wooden bridge over the swale or installation of a culvert with graded fill. Lot 7 is accessible directly from San Marcos Road but limited in depth due to the nearness of the swale forming the rear property line. Due to the depth, the applicant is requesting a 15 foot front setback in lieu of the required 25 foot front setback for lot 7. All other Phase I lots access directly on to San Marcos Road. Phase II development would include the extension of Vista Road through the lowland at the northern edge of the property on to.- the site with a temporary cul-de-sac constructed at the inter- section of lots 26, 27 and the frontage of lot 16. Temporary emergency egress is to be provided from this cul-de-sac back to San Marcos Road through the easement between lots 15 and 16 to the jeep trail realignment on lot 1. Phase III would extend Vista Road to a new cul-de-sac at the intersection of lots 22, 23 and 24. All Phase II and III lots would access directly from Vista Road. Permanent emergency egress from the end of Vista Road is to be provided by an easement running between lots 22 and 23 to the Evans'. property (Parcel 1 of 24/PM/65) and on to Morro Road. BACKGROUND On Thursday, September 9, 1982, the Subdivision Review Board met with the applicant, Mr. Langford and his engineer, Dan Stewart to discuss the proposed project. Also attending were: Larry Stevens, Planning Director; Mike Hicks, Fire Chief; Rami Griffin, Planning Intern; Jim Wentzel, Planning Commissioner ; and Fred Buss, Associate Planner. The following items of concern were discussed: 1. Need to review the written agreement on road improvement of San Marcos Road before any further processing takes place. 2. Verification of the site size to determine density. 00 Tentative Tract Map A 20802 :1 (Langford &Ibsen Ent. ) • 3. Review of lots in the field with the applicants' engineer to check building sites, access and septic suitability. 4. Adjustment of access to Lot 1 to eliminate the easement. 5. Possibility of eliminating the smaller water impoundment area. 6. Bridge access to Lot 6 must meet County standards. 7. If all water impoundment areas are to be retained, improvement drawings will need to be included with the road improvement drawings. 8. Building pads, drives and access grades will not be required until grading plans are submitted. 9. Improvement phasing as discussed is adequate. 10. Show emergency access road on plans for Phases I and II. 11. Fire hydrants in Phases II and III shall not exceed 800 feet apart. 12. Provide documentation for emergency access of the end of the cul- de-sac in Phase III with grant of easement and crash gate. 13. Standard brush clearance standards shall be mandated for all structures. 14. The Fire Department requests participation in a radio repater for the top of San Marcos Road. 15. City Engineer ' s requirements as per his letter in the Environmen- tal Impact Report. The applicants' engineer has informed Staff that Phases II and III are to be combined and developed at the same time. The reason given is the cost involved, with construction of Vista Road at two different times. Staff has a number of concerns related to this design proposal in- cluding slopes (grading) , geology and soils (erosion and septic sys- tems) , aesthetics (landscaping and erosion) , and traffic (circula- tion and safety services) . These points were adequately brought out in the Environmental Impact Report (E. I.R. ) . The Manual of Septic Tank Practice and the Uniform Plumbing Code establish setbacks for leach fields from natural watercourses of 50 feet and 100 feet from water impoundment areas. There are also additional setback require- ments from lot lines (5 feet) and structures (20 feet) . In addition, the Basin Plan may eventually establish even greater setbacks for pri- vate sewage disposal system. The E.I.R. has identified topographic and percolation problems on this site and advises :a mitigation mea- �sure of requiring a minimum 200% expansion area for all leach fields s a design standard for all lots. Staff is concerned that develop- ment on some of the proposed lots would require so ,much engineering Tentative Tract Map 820802:1 (Langford &Ibsen Ent. ) that it would degrade other environmentally sensitive factors in order to construct dwellings. The E.I.R. notes that one of the irreversible impacts that cannot be mitigated is excessive cut and fill causing substantial loss of on- site scenic character, potential erosion and a high possibility of failure of fill areas. The E. I.R. also identifies the impact of building on slopes greater than 20% which would require extensive grading, a long term negative impact. The mitigation measure identi- fied is to restrict single family building sites to areas less than 20% in grade. Staff recommends that a number of lots be redesigned by reducing the number of lots from 31 to 25 ensuring that an adequate building site is available on each without setback adjustments. The primary concern in recommending redesign of and reduction in the number of lots re- lates to private sewage disposal system constraints. Adjustment of Vista Road around certain rock outcroppings and trees will be required. The engineer has agreed that this should be done. Vista Road will require extensive grading to construct since most of the Phase II and III area is. in 30% or more slope. Road grades must be limited to 15% or less as noted in the E. I.R. to allow fire fight- ing equipment and other vehicles the ability to access the develop- ment and nearby wildland. Road development will- also require improve- ment plans for continued use of the water impound areas. Along with this, a second major access out of the 3-F Meadows area is important. Staff recommends that this project not be allowed to develop or that the Final Map not be permitted to record until such time as San Mar- cos/Los Altos Roads are completed to Morro Road. This concurs with the current City Council policy on lot splits in the 3-F Meadows region. The applicant has provided conditional approval of the use of the ex- isting roadway through the Evans' property (Parcel 1, 24/PM/65) to Morro Road as an emergency exit from the site when Phase III is com- plete. The egress will be for emergency purposes only and be located off the final cul-de-sac running between Lots 22 and 23 connecting to the road- on the Evans' lot. A crash gate will be located at the com- mon boundary. FINDINGS ' 1. The proposed subdivision is consistent with the 1980 Atascadero General Plan and with , applicable zoning and subdivision regulations. 2. Modifications to the proposed subdivision design and its improve- ments are necessary to assure consistency with the General Plan and_ with mitigation measures identified in the .Final Environmental Impact Report. 4 Tentative Tract Map AT 820802:1 (Langford &Ibsen Ent. ) • 3 The 123 acre site is physically suitable for single family resi- dential subdivision but its density is only physically suitable if modified as recommended. 4. The subdivision design and improvements are not likely to cause environmental damage or public health problems. 5. Existing easements of record are not adversely . affected by the proposed design. 6. Mitigation measures identified in the Final Environmental Impact Report are appropriate and necessary for incorporation into -recom- mended conditions of approval. ^, 7. Participation in area-wide circulation improvements are essential ' • ':.` to accommodate traffic which will be generated by the project. Conditional approval of this subdivision together with existing private agreements will ensure completion of San Marcos and Los Altos Roads to Highway 41 eliminating the cul-de-sac effect in the upper 3-F Meadows area. ,.:- RECOMMENDATION Based upon the above Findings, the Planning Department p t recommends ap- proval of Tentative Tract Map AT 820802:1 subject to the following conditions: 1. The proposed subdivision design shall be revised to conform with the following: , a. Lots 1,2, and 3 shall be redesigned into two parcels. b. Lots 6,7, and 8 shall be redesigned into two parcels. C. Lots 9 and 10 may be required to be redesigned into one par- cel, if engineering measures proposed in conjunction with the development of Vista Road do not adequately eliminate poor drainage conditions on Lot 9. d. Lots 29,30, and 31 may be required to be redesigned into two parcels, if engineering measures proposed in conjunction with the development of Vista Road do not adequately eliminate poor drainage conditions on Lot 31. e. Lot 14 shall be eliminated and merged with one or more adja- cent parcels unless one of the two ponds are eliminated. f. Design revisions set forth in a.-e. above shall be subject to • final approval by the Planning Department and shall comply with other criteria set forth in this approval concerning building site, private sewage disposal system, grading and 5 Tentative Tract Map AT 820802 :1 (Langford &Ibsen Ent. ) road improvement designs. Revision may be referred to the Planning Commission for final approval if deemed necessary by the Planning Director or if requested by the applicant. 2. Private sewage disposal systems will be an acceptable method of sewage disposal if reports and designs are acceptable. All tests, reports and designs shall conform to methods and guidelines pre- scribed by the Manual of Septic Tank Practice and other applicable City ordinances. The following Note shall appear on the Final Map: , ya "Appropriate soils reports including a percolation test, a test to determine theresence of p ground water, and a log of a soil boring 11 to a minimum depth of ten (10) feet shall be submitted to the Planning Department prior to the issuance of a building permit. 4� Where soils reports indicate that conventional soil absorption systems are not acceptable, City approval of plans for an alter #� native private sewage disposal system, designed by a Registered Civil Engineer, shall be required. Depending upon the system, more restrictive requirements may be imposed. All tests, borings, and designs, including structure locations and septic system lo- V cations shall be located inside the delineated building sites s . shown on the plan delineating feasible building sites on file in ` '. the Planning Department. " 3. Private sewage disposal system design shall also comply with the following, which shall be shown as a Note on the Final Map. The Planning Director may modify these requirements, upon recommenda- tion of the design engineer, where deemed appropriate for individ- ual system designs. `= a. Expansion area for the leach field shall be 200%. ` b. Provide a minimum twenty (20) feet of horizontal separation ff: between the bottom of the trench and surface exposure for conventional systems. C. Provide a minimum setback of fifty (50) feet from drainage swales and of one hundred (100) feet from water impoundment areas (unless impounded water is used for domestic purposes) . More restrictive setbacks may be required if the Basin Plan or applicable City ordinances establish them prior to devel- opment of individual sites. 4. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of all parcels prior to recordation of the Final Map. 5. All utilities, including electricity and telephone, shall be placed underground and shall exist at the frontage of all parcels prior to recordation of the Final Map. Any utility easements shall be indicated on the Final Map. 6 Tentative Tract Map AT 820802 :1 (Langford &Ibsen Ent. ) • 6. Vista Road shall be fully improved with a minimum paved width of twenty (20) feet including adequate shoulders to City standards to the frontage of Lot 23. a. Improvement plan drawings, prepared by a registered civil engineer, shall be submitted 'to and be approved by the Public Works Department. The applicant shall enter into an inspec- tion agreement and secure any required permits prior to con- structing road improvements. b. Final road grade shall not exceed 15%. If multiple Final Maps are to be recorded for this project, plan and profile drawings, prepared by a registered civil engineer, shall - be submitted to and approved by the Public Works Department prior to recordation of any Final Maps to assure that final - road grades can comply with this standard. C. The alignment of Vista Road shall minimize removal of major topograhic features including trees and rock outcroppings. Any- such features to be removed shall be indicated on im- provement plan drawings, d. Improvement plan drawings shall delineate measures to pro- tect road improvements from any water impoundment areas. e. Drainage and erosion control plans, prepared by a registered 9 civil engineer, shall be submitted to and approved by the Public Works Department in conjunction with improvement plan drawings. f. Dedication of Vista Road shall be made on the Final Map. The width of the road dedication shall be adjusted as needed to accommodate cuts and fills and slopes related thereto. g. Soil reports, prepared by a registered civil engineer, and/or geologist, shall be provided to the Public Works Department where deemed necessary to adequately review improvement plan drawings. 7. Plan and profile drawings of proposed individual driveways shall be submitted for approval to the Planning Department in order to determine average grade and appropriate improvement requirements. If average slope exceeds 12%, paved improvement would be required at the time of application for building permit. Otherwise, an all-weather surface would be required similarly. In no event will driveways be allowed which exceed 20% in slope. The driveway access shall be improved to a minimum width of twelve (12) feet where it serves only one residence and sixteen (16) feet where it serves two or more residences. All driveways shall have a mini- mum unobstructed vertical clearance of fourteen (14) feet. In the event of shared driveways, improvement of the shared portions shall be a requirement made in conjunction with the first building permit. If a bridge is necessary to provide access to a lot, it shall be designed by a registered civil engineer for a load capa- city of 35, 000 pounds. 7 Tentative Tract Map AT 820802:1 (Langford &Ibsen Ent. ) 8. Drainage and erosion control plans, prepared by a registered civil engineer, shall be submitted for review and approval to the Plan- ning Department prior to issuance of building permits in conjunc- tion with installation of private driveways, access easements, and structures. 9. A -plan delineating a feasible building site or sites for each lot in compliance with the following shall be submitted to the Plan- ning Department prior to recordation of any Final Map: a. Building sites shall generally be limited to areas of . 20% grade or less, for conventional slab-on-grade construction. b. Building sites shall conform to setback requirements of the zoning and building ordinances, including those required for r r - private sewage disposal systems. fi C. Building sites shall contain sufficient area for private sew- age disposal systems, including expansion area. d. Building sites shall be accessible by driveways with less y:= than 20% grade. e. A minimum of one such building site in conformance with the above, as well as other conditions set forth in this approv- al, shall be available on each proposed lot. If a site is not available, the lot design may be required to be revised to provide one. f. The following Note shall appear on the Final Map: "A plan delineating a feasible building site for each lot is on file in the Planning Department. Construction may be limited to these sites by the Planning Department when re- viewing individual building permit applications. " 10. Efforts shall be made to minimize grading that would be disruptive to the natural topography and removal of existing mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appropriate per- mit and compliance with applicable City ordinances. No cuts shall be made which exceed five (5) feet in height, unless authorized by the Planning Director. " k 11. All grading shall conform to Chapter 70 of the Uniform Building Code. All cut and fill slopes shall be adequate to allow for establishment of vegetation: Particular attention shall be given to drainage control in conjunction with any grading. 12. Development of lots located within identified oak woodland areas shall be given particular attention to minimizing unnecessary tree removal. 8 Tentative Tract Map AT 820802 :1 (Langford &Ibsen Ent. ) • 13. Final grading and drainage plans, prepared by a registered civil engineer, for development on each parcel, shall be required to be submitted for review and approval to the Planning Department prior to issuance of building permits. A Note to this effect shall ap- pear on the Final Map. 14. Roof materials for all structures shall be Class C rating or bet- ter and a Note to that effect shall appear on the Final Map. 15. An easement shall be secured tolprovide an emergency fire access through Parcel 1 of CO 76-509. This easement shall be improved to a minimum width of ten (10) feet, to an all-weather condition, and with adequate provision for drainage. It shall be maintained R in a passable condition especially during the summer fire season. 16. Fire hydrants of a type and size specified by the Fire Department shall be installed along Vista Road extension. Hydrants shall be installed at distances no greater than 800 feet on center. Exact location and manner of placement shall be subject to the approval of the Fire Department. A letter from the Fire Department certi- fying the installation of the hydrants shall be received by the Planning Department prior to the recordation of the Final Map. 17. Drainage swales shall be indicated on the Final Map and a Note shall appear on the Final Map which states: "Any modification of the ground during site development within fifty (50) feet of the drainage swales shall be subject to ap- proval by the Planning Department. " 18. All pipeline and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building restrictions. A Note so stating such restrictions shall appear on the Final Map. 19. The applicant shall contribute 50% of the cost of a radio repeater for the Fire and Police Department communications systems. 20. In the event that archeological resources are discovered on the subject site during construction of this project, said resources are to remain undisturbed after discovery and construction acti- vity shall cease immediately. The Planning Department is to be notified so that proper disposition of the resources may be ac- complished. Construction may resume only upon authorization by the Planning Department. 21. The Final Map shall not be permitted to record until such time as the road improvements of San Marcos Road and Los Altos Road are complete and installed to Morro Road (Highway 41) . 22. A final soils or geologic report shall be prepared and submitted prior to recordation of any Final Map. 9 Tentative Tract Map AT 820802 :1 (Langford &Ibsen Ent. ) 23. All conditions of approval are to be complied with prior to filing of the Final Map unless otherwise specified herein. If multiple Final Maps are submitted to accommodate the proposed phasing, then the Planning Director shall determine which conditions are to be complied with for each phase. 24. A covenant shall be recorded with each lot indicating that no further land divisions of any lot created by this Tract Map, in- cluding multiple phases of this Tract Map (if any) , shall be al- lowed unless planned development zoning regulations affecting the entire 123 acre parent parcel are changed. 25. A Final Map 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 Land Division Ordinances prior to recordation. a. Monuments shall be set at all new property corners and a Reg- istered Civil Engineer or licensed land surveyor shall sub- mit a letter certifying that the monuments have been set prior to recordation, unless certification is received, that corners are already monumented. b. A recently updated preliminary Title Report shall be submit- ted for review in conjunction with the processing of the Final Map. 26 . Approval of this Tentative Tract Map shall expire two years from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. a. If multiple Final Maps are recorded, all such maps shall be recorded with these time limits or any extensions thereof. b. If recordation of Final Maps does not proceed beyond the first phase, then any consideration of new land division ap- plications for remaining land of later phases shall not be granted without consideration of depsities allowed in the first phase of the planned development. A Note this effect shall appear on any Final Maps for all but the last phase. NOTE: COPIES OF THE EIR SHOULD BE REVIEWED IN CONSIDERING THIS APPLICATION. CONTACT THE PLANNING DEPARTMENT IF YOU NEED HER COPY. 10 .. •�? y 7 !/ ��! LtD+`O� Va 4' Np ' `M! •Q`~eD� \ Cm~ � 1 h �� '2,4 vIre0. �£Ao, � I •+ iz 10 T! i s � 10 .. . ` C��►�"'.ib.�.% i^c ,% , (,� Fes— ��.� / :,J ,/ //'\,, �� \ \ \"•. ��.•� � + ^Yr'. =1jFm tt�ht 'a4A Rea- i � /�� '` \11 �� I/ ,/•• _`'�. \• �f`\,'\\ ':: �� +// 1''., 1—�i °,�`-'�` 4u`s%CeT'l� �\ �` ''�'. > ,/l/lI•I\' �i �:t'l. \� .��.��; r ` �_ -w , �.. ���\��.�:\•\ \+ �.� �� ///%./�G.-//'/� i ) � ��i�-�-. til + ��` O. �` ! � \-�A '' •� % l i'/`` C`=ii��,'��a'�;•%/f;'�'':�; /�,�4 ..�/ fit. hp�Vw�O "��.�-•. .. 1��--�'�\''�' ��\ \ � NIt► `'�✓, / o���� \ \�. 1 �I,;!�• +• ��'� 1:;. Wo CG1.'1 mNll t.?� h v��'`• W. ,�-y\ ",;--1�`' :1_ J�, � � 1��� I / � �j 1 : t I I:, /LL_ �:v�` ,+ - '��oai T.`_... `'' t ^�}., � �' —_ �' i�/tet �V.a �\�,'�/ 4.���Ia7.` �, �`•'I�` -�.\\ � `• _ \_ �. -j'• �//� ///ice-''� 'q;,t f�~�--11�•.�.� �\\ �_� `\\�\ \��,t1 / 4 � 1\ .r-�/,�' ��55f',e eGtr! b`�Y:l�s-�-- .i / �\, .� ��'+•n .\\�_\��\ \` ♦\\\`I'�,Y +• fid' ��/' '11/.F�,. °—•�J' �/�.i�. l� _\,,;::��� ,� F" \`l \` 1`%`'• I \\raa. �VI'I�4g'\\ \.,�'�=-.� �1 �� Lam•. '��,i +•\•\ ` 1 \;\c\ _ . a \, ^� + 9•r- \\�-��-,'�`� \\, X- .� � o,++'\ \ `, 1 '-\. •\�• .� i'� ,i•t �: /' s rs//�p • � �C•st �'_`. � ��!q��'�����`�t\\\- ��`.\\\\+`C" .\.\•" �\~`1•+,V � !•(-�f,\�`'t , � /I/1/ 'A�'L.( ,-;j`'`\ e // Pca ( t'l g� , ,♦�2%/;/_� ., _��\`•Yyl, ++\ I�.,• lh `L+.� �. t`•. .'..3's��j-•. w W*e!t \I a::. � `vim— S�, � � Q,�qo�'- �— '_ �'�\•� �� ���.'_ •�"_��\ �I) /i 1�1 ' i�t'L\� _ �� mss.. ..+„ %iil, i �." '�,/���rl� �'., „ �✓ ..�^� �/: �. l�.��i/,•ii� e 1 In DAT I E,1A • M E M O R A N D U M TO: City Council July 28, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Acceptance of Flfihl' parcel- Map 28-86 LOCATION: 8500 Corriente Road APPLICANT: Bruce Dodson (Twin Cities Engineering) • On October 27 , 1986 , the City Council approved Parcel Map 28-86, subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The required conditions have been complied with and the final map is recommended for approval. HE:ps cc: Bruce Dodson Twin Cities Engineering • Cx415►Y B s Pa✓'ce'l Ma at q If dP \ idO $ 8 z do- 00 �-oar - P164p.• Co o nga � � �A Ltn~psn'0i obb e�' I / 14-1s s r • M E M O R A N D U M TO: City Council July 28, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director e., SUBJECT: Acceptance of Tract Map 27-86 (Final) LOCATION: 7500 Morro Road APPLICANT: Golden West Development (North Coast Engineering) • On November 10, 1986 the City Council approved Tract Map 27-86, subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The required conditions have been complied with and the final map is recommended for approval. HE:ps cc: Golden West Development North Coast Engineering • EX 4101 6 /ISI a i AA z-7— 8� o V s�d�E� LL L•¢� �. Q � W Z � O � h ti �tY� '8hr.e W EQS Vy55 gs� O z S Z �s=v � Q cz h z"', zz 9DEao G3 s$ ZvA 3 �gp'fi 5 a LZ �Rsi O _s_s3 a 3 a Elf • s ' / 3JOlE.9LS Z6'SO/ 1 . � — \• 9..66.2fo9G 4 � Q o I� \ I o ^� N 1 Q Oy I Ii O ! • � s N I a N M..B/.CA.9L/V I • �V � MEET ^.�7 AC;7yDA D �7 !?EM 1:3-1AT -� MEMORANDUM • To: Honorable Mayor and City Council Through: Michael Shelton, City Manager From: Paul -M. Sensibaugh, Director of Public Works/City Engineer Subject : Cayucos Ave . Maintenance District Date : July 22, 1987 Recommendation: Staff recommends that Council place the actual project cost of the above paving project onto the August 10 tax roll . Backround: The Cayucos maintenance district project was completed this past winter in conjunction with the annual resurfacing program. The project was originally estimated at $1085 per parcel using historic • and projected unit costs . This ammount was assessed to the respective Parcels on last year' s tax rolls to inable replenishment of the revolving fund which supports maintenance districts ($30,000) . The actual costs were calculated by February, which showed a per parcel cost of $1586 . The amount above the estimate must be presented to the County by August 10 to appear on this year' s tax roll . The balance owed is $501 per parcel . Discussion: Projects are estimated on typical situations plus known problems for the area. Drainage in this case was a known problem and the design included handling of the same . The overland flow had to be redirected to follow the roadway to alleviate erosion of the pavement and shoulders and to control erattic dispersion of the water over the roadway. The subgrade under the main portion of the traveled way was substantial and not considered a particular problem. However, due to increased width and improved geometry the new roadway had to be repositioned closer to the true centerline of the right-of-way. ( It should be noted that many colony roads are not physically within the recorded right-of-way and few are actually built about the centerline . ) • 0 0 What wasn' t known was the degree of saturation of the underground water beneath the proposed widened alignment . . The soil had be subjected to active leachbeds in the uphill parcels which were connected to the public sewer system. The effluent was carri lP through the underground flow net for many years and had softened the soil from about the 1—foot level to about the 7—foot level so that there was insufficient strength to support construction equipment . Unsatisfactory material must be removed and discarded and suitable material brought in to provide an adequate subgrade for the ' proposed base and asphalt surface . The City crews and equipment were utilized to do a portion of this work but the project was not billed for those costs. The contractor's costs increased significantly due to the extra work, but stoppage of work was no longer an option at that stage of construction. An administrative fee of 10% was added to the maintenance districts this year to allocate the costs of engineering and administration to the appropiate capital improvement project to lessen the burden on the general fund. In the case of Cayucos this fee was about $144 per parcel . If that fee had not been charged the cost above the estimate per parcel would have been $357. The Falda Road maintenance district which was also completed in conjunction with last year' s program was estimated at $1150 per parcel , however, the actual cost was only $791 per parcel , including administrative costs . The average actual cost of both districts combined was $1188 per parcel while the average estimated cost of bo� districts was $1111 per parcel . Estimating not only anticipates wh contractors will bid at a particular time relative to their work load, but also assumes average conditions . Unusual circumstances such as unsuitable subgrade are unknowns . Unfortunately such circumstances did arise on the Cayucos project . In retrospect borings could have been taken had it been known that the right—of—way was not where it was assumed to be . However, the costs of soil investigations and surveying would have added to the costs and would have had to been charged to the property owners even if the project had been canceled. The advantage of that information at the time would probably not have killed the project but it could have taked the surprise out of the final billing. At any rate the billing has occured over a two—year period which has somewhat lessened the initial burden. Options: Options available to Council are : 1)Staff ' s recommendation to assess all actual costs . 2)Allow the difference to be assessed over two years . 3)Delete the 10% administrative charges . (This option may inspire the Falda district to request the same treatment . ) 4)Subsidize the total difference . (This option may set unwanted precedent . ) 5)Any combination of the above . Fiscal Impact : Maintenance districts are formulated under the theory that non— city—maintained road improvements are paid for by the adjacent land owners . Normally the gas taxes are utilized only on city controlled streets . Any proposed subsidy is suggested to be taken from the resurfacing account . RESOLUTION NO. 79-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5820-5856) MAINTENANCE DISTRICT 86-4 : CAYUCOS AVENUE WHEREAS, Maintenance District 86-4 : Cayucos Avenue was established by Council on July 28, 1986 under the provisions of the Streets and Highways Code of the State of California ; and WHEREAS, the construction costs for Maintenance District 86-4 : Cayucos Avenue exceeded the cost estimate; and WHEREAS, a Public Hearing was held on the 28th day of July , 1987 at 7 : 30 p .m. in the Council Chambers of the City Council to hear objections to the additional charges for the improvements done in Maintenance District 86-4 : Cayucos Avenue; and WHEREAS, the Council has heard testimony and evidence and is desirous of proceeding with the placing of the additional construction charges on the property tax roll ; and NOW THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of Atascadero as follows : Section 1 . The above recitals are true and correct . Section 2 . The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing on the 1st day of July , 1987, and ending on the 30th day of June, 1987. Section 3 . The assessment set forth in Exhibit "A" , attached, is hereby confirmed and adopted by this Council . 0 r Section 4 . The works of improvement described in the Resolution of Intention have been performed pursuant to law, and the County auditor shall enter on the County Assessment Roll , the amount of the assessment , and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County , the net amount of the assessment shall be paid to the City Treasurer of the City . Section 5 . The City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of the resolution and law into a special fund previously established known as "City of Atascadero Maintenance District 86-4 : Cayucos Avenue" , said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer, Section 6 . The City Clerk is hereby ordered and directed to file a certified copy of the assessment roll with the County Auditor , together with a certified copy of this Resolution upon its adoption . Section 7 . The City Clerk is hereby furter ordered and directed to file a certified copy of the assessment roll with the County Tax Collector, together with a certified copy of the Resolution upon its adoption . Section 8 . A certified copy of the assessment shall be filed in the office of the Public Works Director , with a duplicate copy on file in the office of the City Clerk and open to the public for inspection . Section 12 . Any parcels or lots of land known as public property , as the same is defined in Section 22663 of Division 15 Part- 2 of the Streets and Highways Code which are included within the boundaries of the District , shall be omitted and exempt from any assessment made under these proceedings . s . • • On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote : AYES: NOES : ABSENT : ADOPTED: ATTEST : BOYD C . SHARITZ, City Clerk BARBARA NORRIS,Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN v� PAUL M. SENSIBAUGH City Attorney Dir , of Public Works EXHIBIT A TO RES. 79-87 • SHOULD COUNCIL CHOOSE TO WAIVE THE ADMINISTRATIVE FEE FOR MAINTENANCE DISTRICTS CAYUCOS AVENUE Assessor's Number Amount Property Owner 29-212-12 $ 357.00 Porter P.O. Box 1481 f : Atascadero, CA 93423 29-212-11 $` >>7.00 Day 8205 San Rafael Atascadero, CA 93422 29-212-13 ; 357.00 Irwin • 4235 Cayucos Atascadero, CA 93422 29-212-15 $ 357.00 Irwin 4235 Cayucos Atascadero, CA 93422 29-212-23 $. 357.00 'Hoag 4255 Cayucos Atascadero, CA 93422 29-261-07 $' .757.00 •Lagrange 4350 Valdez Atascadero, CA 93422 29-261-01 $. 357.00 -Pembroke P.O. Box 695 Riverside, CA 92502 29-261-12 $. 357.00 Sutter P.O. Box 1428 Atascadero, CA 93423 29-261-17 $_ -357.00 Lees P.O. Box 2265 Atascadero, CA 93423 29-261-19 $_ 157600 Safranek 4055 E1 Camino Real Atascadero, CA 93422 29-261-14 $_ 357.00 Safranek 4055 E1 Camino Real Atascadero, CA 93422 EXHIBIT A TO RES. 79-OP SHOULD COUNCIL CHOOSE NOT TO WAIVE THE ADMINISTRATIVE FEE FOR MAINTENANCE DISTRICTS CAYUCOS AVENUE Assessor's Number Amount Property Owner 29-212-12 $ 501.00 Porter P.O. Box 1481 Atascadero, CA 93423 29-212-11 $ 501.00 Day 8205 San Rafael Atascadero, CA 93422 29-212-13 $ 501.00 Irwin 4235 Cayucos Atascadero, CA 93422 29-212-15 $ 501.00 Irwin 4235 Cayucos Atascadero, CA 93422 29-212-23 $.501.00 Hoag 4255 Cayucos Atascadero, CA 93422 29-261-07 $' 501.00 Lagrange 4350 Valdez Atascadero, CA 93422 29-261-01 $. 501.00 Pembroke P.O. Box 695 Riverside, CA 92502 29-261-12 $. 501.00 Sutter P.O. Box 1428 Atascadero, CA 93423 29-261-17 $ 501.00 Lees P.O. Box 2265 Atascadero, CA 93423 29-261-19 $. 501.00 -Safranek 4055 E1 Camino Real Atascadero, CA 93422 29-261-14 $501.00 -Safranek 4055 E1 Camino Real Atascadero, CA 93422 �� cos ��.� �l�.h:rl�S•T«r 86-y �STrr9�� fyQC@o A's 4��/ �'•l7) ��6�a//<L a GAjc r e 1"c Ty/G G /d �tJaTwt Mc�.TCrca,/ For 0,-s rs loo ly �.�Pier ' yZFIG. 3 /�/aT�r,u�s ys9•z/ _.._. _ cvfl 3.00 �,-A DMINISTR ATION BUILDING CITY ATTORNEY POST OFFICE BOXATASCA DER O,CALIFORNIA 93423 ATASCADERO, CALIFORNIAA 93423 FIL OPY POST OFFICE BOX 606 PHONE: (805) 466-8000 PHONE:(805(466.4422 AtINCORPORATED CITY COUNCIL CITY CLERK POLICE DEPARTMENT a �ae�®CITY TREASURER JULY 2. 1979 POST OFFICE BOX 747 CITY MANAGER ATASCADERO, CALIFORNIA 93 ADMINISTRATIVE SERVICES DEPARTMENT PHONE: (805( 466-8600 COMMUNITY DEVELOPMENT DEPARTMENT ...�. PUBLIC WORKS DEPARTMENT PARKS AND RECREATION DEPARTMENT FIRE DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 PHONE: (805( 466-2141 February 11, 1986 Mr. Ron Irwin 4235 Cayucos Avenue Atascadero, CA 93422 Subject: Cayucos Avenue- Proposed Maintenance District (San Anselmo to Valdez Avenues) Dear Mr. Irwin; The City has reviewed the existing roadway of Cayucos Avenue, in regard to the Petition of Interest filed by property owners fronting the proposed district. The Engineering Division has prepared an estimate of cost for improvements, which is listed below. Please re- view this estimate with the lot owners using the roadway for access or potential access and property owners wishing to proceed withthe formation of a Maintenance District shall file an additional petition with approximately 60 property owner participation and a minimum of 50% of the property owners of the land area bounded by the maintenance district participating. 1. A.C. Paving (2" on Narive) $ 5,425 2. A.C. Berm (Drainage/Erosion Control) 375 3. Pave Shoulder (4:1) 2' wide 11100 (Drainage & Erosion Control) 4. Valley Gutter 950 5. Raise San. Sewer Manhole 500 6. Grading & Compaction 2,500 Sub-Total $10,850 Engineering & Inspect. 1,085 TOTAL $11,935 r ,M E M 0 R A N D U M • TO: City Council July 28, 1957 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director ' SUBJECT: Zone Change 7-87 LOCATION: 9255 El Camino Real APPLICANT: Don Messer (Cuesta Engineering) REQUEST: To revise the existing RSF-Y (Residential Single Family - 1 acre with sewer ; 1 1/2 acres without sewer) to CR (Com- mercial Retail) BACKGROUND: At their June 2, 1987 meeting, the Planning Commission conducted a public hearing on the above-referenced request unanimously recommend- ing approval as reflected in the attached staff report. There was discussion and public testimony given as reflected in the attached minutes excerpt. RECOMMENDATION: (1) Read by title only and (2) approval of Ordinance No. 155 approving Zone Change 7-87. HE:ps Enclosure: Staff Report — June 2, 1987 Minutes Excerpt - June 2, 1987 Ordinance No. 155 cc: Don Messer Cuesta Engineering • City of Atascadero Item: B_8 STAFF REPORT • FOR: Planning Commission eeting Date: June 2, 1987 BY: Joel Moses, Associate Planner File No: ZC 7-87 Project Address: 9255 El Camino R al (Parcel B of PM 30-64 & Parcel C of PM 27-19 -Ptn. Lots 2 & 3, Blk. 2 of A.D.S. No. 1) SUBJECT: Zone Change 7-87 submitted by Don Messer/Cuesta Engineering to revise the existing RSF-Y (Residential Single Family - 1 acre with sewer; 1 1/2 acres without sewer minimum lot size) to CR (Commercial Retail) on property located at 9255 El Camino Real. A. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . . .To revise the existing zoning designations from RSF-Y (Resi- dential Single Family) to CR• (Commercial Retail) 2. Applicant. . . . . . . . . . . . . . . . . . .Don Messer/Cuesta Engineering 3. Site Area. . . . . . . . . . . . . . . . . . 1.85 acres (two lots) 4. Zoning. . . . . . . . . . . . . . . . . . . . . .RSF-Y (Residential Single Fam- ily 1 acre with sewer ; 1 1/2 acre without sewer minimum lot size) 5. Existing use. . . . . . . . . . . . . . . .vacant 6. Adjacent Zoning and Use. . . . .North: RSF-Y (Residential Single Family) CR (Commercial Retail) CS (Commercial Service) South: CR (Commercial Retail) Residential East: RSF-Y (Residential Single Family) West: CR (Commercial Retail) vacant . 7. General Plan Designation. . . . .Retail Commercial 0 0 8. Environmental Status. . . . . . . .Proposed Negative Declaration B. ANALYSIS: The applicant proposes to revise the existing zoning on two (2) newly acquired parcels totaling 1. 85 acres from RSF-Y (Residen- tial Single Family) to CR (Commercial Retail) . The applicant owns adjoining CR zoned property totaling 4. 58 acres. The appli- cant intends to develop a retail complex on the combined proper- ties. Exhibit C shows one potential development scheme for the site. The proposed plan is presented only for informational purposes and not for specific approval at this time. The two specific lots were created in 1977 and 1980 by separate parcel maps. The lots were created for residential development with access by way of an easement to Pino Solo. In 1982, the City processed a General Plan Amendment (GP: 820928:1) submitted by the then owner, John Pryer , and his representative Aime LaLande. The proposal was to revise the existing Moderate Den- sity Single Family Residential designation to Retail Commercial. The amendment was withdrawn by the applicant during the Planning Commission' s public hearing. Mr. Messer submitted a letter in October 1985 seeking staff in- put as to the potential for commercial development on the two parcels. Staff reviewed his request and informed the applicant that the staff could interpret the General Plan to designate the site as Retail Commercial. A zone change would be required to confirm this and allow for the sites commercial development. This was reconfirmed in a letter to Mr. Messer returning a pro- posed General Plan Amendment for the site. The staff' s interpretation of the General Plan' s land use disigna- tion is based on the existing General Plan Land Element Map and policies. The existing Land Use Map is not lot specific and could be interpreted to cover the site as being Retail Commercial. The Land Use Element also contains a policy) (No. 9, Page 58) which notes the use of a "Wavy Line" concept in certain instances. This concept is to allow the retention of zoning for less intensive uses until a demand dictates a change in the zoning to a more in- tensive zoning in an area where different zones interface. The policy notes several factors to be considered in the timing of the change. These factors include existing development, property own- ership, development potential, access, and related physical fea- tures. In relating to the specific site, all of these factors favor the interpretation. In creating a larger commercial area, the site becomes more usable. The site is now irregular in shape and difficult to develop due to angled property lines. The site is presently in a form that would lend itself to a strip type of development. With increase in size, the proposal furthers the policies of the General Plan by encouraging clustering of commer- cial developments and reducing vehicle turning points on El Camino Real (GP Policy 2 and 3, Page 66) . The proposal would also poten- tially correct problems inherent to the normal strip developments (GP Page 66) . 0 0 The prior staff report concerning the General Plan Amendment noted three major concerns as to the potential change in designation. Of the three, the lack of access to E1 Camino Real has been elim- inated due to the ownership of adjoining properties by the appli- cant. The owner has noted a willingness to merge the property to assure such access. This would not preclude the resubdivision of the property at a later date in a more appropriate manner. The other items, intrusion into a stable residential area, and no demonstrated need for additional commercial area have not really changed. The concern with regards to intrusion into a residential area came from the use of access to the site from Pino Solo. The applicant has also noted a desire to eliminate the potential ve- hicle access across the existing easement. The need for addi- tional commercial property is difficult to discuss at this point point due to the on-going General Plan Update. It should be noted, that the proposal is accomplishing several goals of the General Plan by allowing for the larger area at this specific location. Comments have been received from several outside agencies. The overall concerns focus on the potential development of the over- all 6.43 site, not necessarily the change in the zoning. These concerns include increase in traffic, increase in drainage prob- lems, and potential impacts on the adjoining residential areas. Traffic concerns have been evaluated in general terms and an esti- mate of 512 ADT would result from the change in the 1. 85 acres from Residential to Commercial. A much larger ADT would be gener- ated from the existing area zoned for commercial development. A complete evaluation of potential impacts will be needed at the i time of specific development. The increase of 512 ADT would not specifically be detrimental, but specific site evaluation of de- sign on uses will be needed at time of development. Drainage potentials have also been evaluated in general terms. An increase in the run-off coefficient from . 25 for residential to .80 for commercial would increase the run-off from the site by 4.07 CFS (320%) . The total of 5.92 CFS would be expected from the site. This amount would certainly be an increase in flow that will have to be accommodated down stream. Improvements will be required at the time of development and will be required at that time. RECOMMENDATION: Staff recommends approval based on the findings contained in Exhibit D and recommends approval of Zone Change 7-87. JM:ph Attachments: Exhibit A - Location Map Exhibit B - Site Detail Map Exhibit C - Preliminary Site Plan Exhibit D - Draft Ordinance ♦ f . 4 0 EXHIBIT B SITE DETAIL CI TY OF ATASCADERO Zone Change 7-87 (RSF-Y/C 9255 E1 Camino Real COMMUNITY DEVELOPMENT Messer/Cuesta Eng. DEPARTMENT a , ZONE CHANGE ATAVYAL AWNU A o (Ap RV a1— /aRL'EL a(F RIM)I~cfL C r v?") - IVITIN6 ZONING+ A'9/r ' r /I i a-werffyriu f n4cc % ' -• 1 1' I /ABEL\e \\ \ \ 1\ ! /!/' I / _ C Jr �\ 1 I 1 �--� 1.� • \\_-_ . � \ \ � f31r. Com-•/, �,'.\� � //� 011tO/o7ED jOA/E UNE! X/!r/NG/G 4CGf I Wi6T.4 CN1;1 .fcR/NG C4 CAM/N O `---R L 7401 CG CAML�O aCA( Dalrff ArAIL Y.To C.,fot—4X411 0>•X 9:4 :017 � 1% 0 CITY EXHIBIT C PRE.SITS PLAN tl1,. - 4 OF ATASCADERO r,9,4'(;'! Zone Change 7-87 (RSF-Y/CR COMMUNITY DEVELOPMENT 9255 E1 Camino Real DEPARTMENT Messer/Cuesta Eng. puri PMENr CONCEPT G L/r /.i0A AOS.AOO�IiON'/ LNO/IRLCL 0!A.?^/%•�://AALFL C!t)/•'• 0',4FA4 MW .1 RL9/CENr/AL 10•,CUR YAWfft..tCA. ! F L 0"A9fNI/AL r _�� � L r / j. ,/� ,1� ••V/L/H�f'J HAP 111 ',�' _ �• _^-. ..,,ti .,r'Y ttAu.r•4/' . WOU EAWAIEER/NG EL CAM/N O REAL 7401 tL GM/N0 CLAL70/rf 0 AW449ERO 4L//OAN4 Y1411 ` Ivl 444 4017 0 0 . I (-a- F? .. 7. Tentative Parcel Ma 18-87 : Request initiated by Dave Pollard to allow subdivision of parcel containing 5.38 acres into two lots of 2. 69 acres ea ls Subject property is located at 8255 Graves Creek Road (Lot 28, Block 16 , A.C. ) . Mr. DeCamp, Sr . Planner, gave staff report, recommending approval; he noted the recommendation in staff' s report should be corrected to in- dicate this is a parcel map (not a tract map) . Public Comment John Falkenstien, Cuesta Engin. , representing Mr. Pollard, noted no problems with the Conditions of Approval as stated in staff' s report. MOTION: By Commissioner Lopez-Balbontin to approve TPM 18-87 based on the Conditions of Approval as outlined in staff report, sec- onded by Commissioner Hatchell; passed unanimously, with Commissioner Copelan absent. 8. Zone Change 7-87 : Request initiated by Don Messer to revise the existing RSF-Y zon- ing to CR (Commercial Retail) . Subject property is located at 9255 E1 Camino Real (Ptn. Lots 2 and 3 of A.D.S. #1) . Mr. Moses, Assoc. Planner, gave staff report, recommending approva and responded to questions from the Commission. There was discuss regarding the potential abandonment of the easement adjacent to Pi Solo Ave. & related access issues. Public Comment John Falkenstien, Cuesta Engin. , representing Mr. Messer, expressed agreement with staff' s report and commented on the shapes of subject parcels and the development planned. George Carl, 9120 Pino Solo, who owns Parcel "B" abutting subject property, expressed concern regarding traffic impacts resultant from this proposal (as well as from the Long' s Drugs proposal) . He noted there is no easement across his property other than for utilities. Chmn. Bond assured Mr . Carl that, should the proposed rezone be ap- proved by the City Council, any possibility for use of subject ease- ment as an access would be eliminated at time of Precise Plan. Nina Marble, 9125 Pino Solo, commented (as did the previous speaker) on a letter from CalTrans, which estimated the traffic impact that may result from the entire site development (at buildout) to be 7 ,000 ADT. Staff responded that that figure is somewhat in question since the current estimate on El Camino Real is 21-22, 000 ADT; staff also ques- tions the total acreage considered in the CalTrans letter (15 ac. ) as the site is actually approx. 5 acres in size. Mrs. Marble expressed several concerns and urged denial of the proposal in the interest protecting the adjacent neighborhood from commercial encroachment. 6 01 Bob Irvin, 8900 Pino Solo, addressed drainage concerns and potential increases from future development, and he spoke in opposition to the proposed zone change. Don Messer , applicant, addressed concerns expressed by previous speak- ers (re: access, traffic and drainage issues) , noting his intention to abandon the easement along Pino Solo and that commercial traffic is not intended from that street. He indicated the willingness to tie a future development to protection of the existing residential proper- ties in subject area. The Commission further discussed the issues and concerns expressed. MOTION: By Commissioner Nolan to approve ZC 7-87 based on Findings contained in Exh. D of staff report, seconded by Commissioner Lopez-Balbontin; passed by 6:O roll-call, with Commissioner Copelan absent. CHAIRMAN BOND CALLED A RECESS AT 11:43 P.M. AND THE MEETING BACK TO ORDER AT 11: 50 P.M. 9. Conditional Use Permit 18-84 - Reconsideration: Request initiated by All American Video (CN Signs) to allow for an increase in the allowed/ signing to 140 sq. ft. to allow for the installation of a 409 sq. ft. monument sign. Subject site is lo- cated at 3905 E1 Camino Real (Lot 109 , Block 19, A.C. ) . Mr. Moses, Assoc. Planner, gave staff report, recommending approval, and responded to questions from the Commission. Public Comment Al Ingersoll, CN Signs of SLO, spoke in support of this request, not- ing no opposition to the Findings and Conditions outlined in staff' s report. MOTION: By Commissioner Lopez-Balbontin to approve CUP 18-84 , second- ed by Commissioner Hatchell; passed unanimously, with Commis- sioner Copelan absent. 10. Conditional Use Permit 5-86 - Reconsideration: Requested initiated by Johnny Yip (Michael Brady) to allow for the establishment of a caretaker ' s residence as a part of a pro- posed restaurant (China Star) . Subject site is located at 8050 El Camino Real (Ptn. Lot 9A, Block 7) . Mr. Moses, Assoc. Planner , gave staff report, recommending approval of revision and responded to questions from the Commission. 7 0 0 ORDINANCE NO. 155 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 19 OF OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY REZONING CERTAIN PROPERTY AT 9255 EL CAMINO REAL FROM RSF-Y (RESIDENTIAL SINGLE FAMILY) TO CR (COMMERCIAL RETAIL) (ZC 7-87: MESSER/CUESTA ENG. ) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Govern- ment Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning reg- ulations; and WHEREAS, the proposed amendment will not have a significant ad- verse effect upon the environment, and preparation of an environmental impact report is not necessary; and WHEREAS, the Atascadero Planning Commission held a public hearing on June 2, 1987, and has recommended approval of Zone Change 7-87 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element and other elements contained in the General Plan. 3. The proposal will not result in any significant adverse en- vironmental impacts, and preparation of an environmental im- pact report is not necessary. Section 2. Zoning Map Change. Map Number 19 of the Official Zoning Maps of the City of Atasca- dero on file in the City Community Development Department is hereby amended to reclassify Parcel B of PM 30-64 and Parcel C of PM 27-19 Portion Lots 2 & 3, Block 2 of A.D.S. No. 1 as shown on attached Ex- hibit "A" which is hereby made a part of this ordinance by reference. Section 3. 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 this City in accordance with Government Code Section 36933; shall ,� .• 18 •Jr:'C may. �•` '� s j�< i•d! b r •/ .. AT 81 I r - prhn t a•• 4� s i�' Jt\•`P ,S. ;•♦♦. Z 1 �•.: _1.'a .a7[f f.) c iSi a,,.+F2 j7'rt;•'a w4�! ?3S•',t .A;e-o ST s. •Y t�:Cas . .♦q•` r , `.• r• ;`�`' i� �� ...[/ '+ •( S t t �� 1 � t ATdb•i75 E a sa • [ y f e,F r e + 'y 'AT-19'13 AlIt' i _�• r 'r � s• [o ` ` C- sl. a `, •�' ,ya' 'AT-81-185 ! .12.01 J +e •s r.p'� y • �4 , !\� •1 '•i '► ':) , AT. 81 25L -^ S-1vat v Ila l •j - i`1.. +• F� � - .s y. a dej�1�a �`aQ" •' r i, •.J•. ,I. sS,S R IR F- 1.9' ira r 4 aI•. -'•')C 7 s h a, ' .� i•e�[0 "a �� - •••.�Y eA/ • 4 •�j h). 4 i «t ,i -_.. ,i..,: aae.. ••dc•.'�'� •I 1� ` ,+`• i'. .47 s a:ys • •� .,�s••°•• •k�` PEVISIO, r DATE. It It .` _ - !* '„� 4�2 `" q. •�`` J REVISE ZONING FROM �* �4P ,; • �;y.r.�� 3 ' °`� .'+;�.: ) RSF—Y TO CR Kms; a • 'fa =i a'� •'�; �• ')...; .4.r ,, F. 7-87 (MESSER) •'� •° ��,, ,� ~ 9255 EL CAMINO REAL >"LJ s yi• .r � 's•••eso o�,. 4, .ji eaa , L - a .'l' , � •1 1 �•- .,•,,.. Y ar a,i- ' .G .-�j.Pp i 1Sy'.� '�"�'� '. _OB'•, _. �' {•+� r.3 � -/ '•' t•` a`•y ) 1 .+ �r2)) •,p \ '�` all.• -`S•'r • ~ � ): r t Y. :a )i +a k M �i vJ• , 7i s• t•°,. ass V > t t S Kos , r 7ytx`n^}ti3 ;; •f+•• .r t,r). .,Ny 'f• �• w .'� • ,'QFC jti; ��,, ,J' r gars •j !'�• .'i`•S's) F a•. 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Y•'fa4< '\,� s - s�. rf , ->f• a\ Cri'•A.h� 1 p�/,"'� ~•�� •�`\• . ,, r �, are-,.I.x •� �T i --,+,%' }-♦ - -,' • . to- it tIl.w S -- -f)sa sa f )A`'s +w '•O % �� •, •,• ,,,y R 22 3 a�\ o �'d`• a it aT .x;f���'��ti�j�{'l.y..1. t�a�`a' 2t 12 23 `a- • 22 > . S�r'n 1�aIJ7-4J1•••w.w_Mi.IW a.na.•,. ,.n• -. :f RS 2'1 aaF�wln.•u`.Jrrr NKIi.�..raw�t a.�av-<•� .ua"a:awL/�•J.•r),aJ•,lwti•.•wtrNlt rorto t 20 ; v.r�1.y<rn er;u.raa•m'xw•r�l Kwe•.-..•r.a. � ;..•.T..c 2T.NJA'J••I:,a•v 1{in••�r,1)u,wia- - r.•-4 14 t ,. f i .� ..•a,u.s+•�yJ.runr�)!ts)�r (. _ �_ .. '- •`, ��• ja�1�•'i71 MR✓!{I�. :,;rril.y - � - ern•• ya \ �.f � �•. r . _ • ���. 23 X. __r--� f•;.`/,')� a�\ •:116 ... F :kti=-�,•"�,'wa7tK,•4'I�'�zL] y ?ti:, „ �fy �F. n.,-� EXHIBIT A — ORD. 155 ZONE CHANGE 7-87 (MESSER) Is.11 9255 EL CAP1IN0 REAL ri •g ('. ��l RSF-Y TO CR la r �rmn.• c 0 0 certify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the thirty-first (31st) day after its passage. On motion by and seconded by the foregoing ordinance is hereby adopted in its en- tirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA -BARBARA NORRIS Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director -7I-)A • M E M O R A N D U M DATE: 7/22/87 TO: City Council VIA: Michael Shelton, City Manager FROM: Michael Hicks , Fire CHief SUBJECT: Weed abatement assessment charges RECOMMENDATION It is my recommendation the administrative fee for weed abatement charges be set at 40%, and fees as shown on the attached sheets be accepted. BACKGROUND • On 4-28-87 , the Atascadero City Council adopted a resolution declaring that all noxious or dangerous weeds or other flammable material that create a fire hazard shall constitute a public nuisance . During the period from May 1st through May 12th, notices were mailed to property owners informing them of weed abatement requirements . Approximately 3 , 200 notices were mailed. On 5-26-87 , the City Council held a public hearing regarding appeals and awarded the weed abatement bid contract to Property Protection for hand and tractor work, to abate parcels which were not abated by property owners . Abatement work began on June 8th and continued through July 20th. On 7-22-87 , a Notice of Appeal and an itemized list of weed abatement assessments will be posted with the City Clerk and at the City Fire Station. FISCAL IMPACT An administrative fee of 40% will cover direct costs to the City for administration and enforcement of the weed abatement ordinance . The charges shown on the attachment include the 40% fee . Total weed abatement charges are $18, 796 . 40 (this figure includes contractor' s fees plus administrative fees ) . MICHAEL HICKS MH:pg RESOLUTION NO. 71-87 RESOLUTION OF THE ATASCADERO CITY COUNCIL CONFIRMING THE COST OF WEED ABATEMENT WHEREAS , the Government Code of the State of California, Section 39500 , et seq. , provides that cities may declare weeds a public nuisance for the purpose of Weed Abatement ; and WHEREAS , the Atascadero Fire Department did abate said nuisance within the provisions of the Government Code, Section 39500, et seq. ; and WHEREAS, the cost of the work of abatement as shown on Preliminary Special Tax Listing for 1987-88 Tax Year was submitted in accordance with Government Code Section 39574 ; and WHEREAS , the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE, BE IT RESOLVED that the report of abatement cost is confirmed as presented; and • BE IT FURTHER RESOLVED that the costs of abatement constitutes a special assessment against the described parcels and shall be a lien on the property in accordance with Government Code Section 39577 ; and BE IT FURTHER RESOLVED that the City is hereby directed to transmit to the proper officials of the County a certified copy of the report for filing. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES : NOES : ABSENT: DATE ADOPTED: BY: BARBARA NORRIS , Mayor City of Atascadero, California Resolution No. 71-87 Page two ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager . APPROVED AS TO FORM: JEFFREY G. 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SUBMITTED BY Peggy Green 466-2141 Name Phone Number 6005 Lewis Ave. , Atascadero 7/22/87 Address Date ` COUNTY OF S ;IS OBISPO - AUDITOR-CONTROLV ,OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS SPECIAL ASSESSMENT Atascadero Weed Abatement TRA _ (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount 71PIS 3 1 I It-j0 jo I o 31C)1 ,50 1010it 17 a 61 1 1.Soo 10 1 17121d P- 9 / 1 Z/1 110 1710 0 101 71-,�z 1 , 7A6- ,31- .�Iojqjo I 0 0 73 L-7 JAr, 1�[9 13 1,5130 110 100 Ids o 0 Ld?j- (, a I 1 a � I X00L 33 , 0 --113 U -2 0 0 3 3 I mzizicd L 91'12124 0 16- 1 olo h Ir7 i�1 3 000 1 7 1,2,1 117 1 al o /10 10 10 ( 171,71U 1510 31010 10 Atascadero Fire: Dept. SUBMITTED BY Peggy Green 466-2141 Name Phone Number 6005 Lewis Ave . , Atascadero 7/22/87 Address Date • V COUNTY OF SAN•;IS OBISPO - AUDITOR-CONTROLLED OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS OECIAL ASSESSMENT Atascadero Weed Abatement TRA - (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount 7a10 L51 0 1�j-7 6, o0 I 0 (r c k[oi-Az -7 161:310 1 0101 / 171 n 8 D aV, L310101-711 1a 1 bo0 101 y_ c, 1-3 1a 11 13 -:? lo, so00 1 1 1 1 1715-1 26. 1--1)10 ) 1610 1 DID I I K11 � c 17 U 13101:2 .3 1 1510 100 1 1 1715 . y 1117 1 RI 1 Igs , a � 17 1 30A31 / 191010 P 303 1 -) I v 1 C-2-1o I v 0 1 . (� 17a A30 15101 1 0 000 AU I3 3 000 7 -j( s3 . l1X000 7s , • Atascadero e o Fire Dept. SUBMITTED BY Peggy Green 466-2141 Name Phone Number 6005 Lewis Ave . , Atascadero 7/22/87 Address Date r COUNTY OF SO-/;IS OBISPO - AUDITOR-CONTROL LOP, ',j OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS SPECIAL ASSESSMENT Atascadero Weed Abatement TRA (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount ° 3 1 0 to I o I 1 1 1715 a1& 3 l / 101.310 101011 1-3131 . (� 2G 1 3 1 a / 4 17 10 10 101 1 1 1 1 r 1--31 r. l � � 31P 1141 ';Z1 160 10 0 117 Z & 131 � l 4 � l �0 100 1110 100 1 1 10-7 � r 7U 13111119 L-3tO I o I o b I ILl - yc 7arc '-loo 10g � l 71-,:) 6, 3 ['51010 10 aS a11� 17 � 1_31/ 1a .3 / 103000 ��:4. • 7 12 1--1 '{ / I 1jqj 000 II 1� 1141 G 1/ 1711131 I / 106000 Atascadero Fire Dept. SUBMITTED BY pecrgy Green 466-2141 Name Phone Number 6005 Lewis Ave . , Atascadero 7/22/87 -Aadress Date COUNTY OF SAO;IS OBISPO - AUDITOR-CONTROLL A OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS OCIAL ASSESSMENT Atascadero Weed Abatement TRA _ (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount I J le --7� 00 101 00 E0 I11 3 / 13 / / toao 1010 72,16' 3 / 3 / 07000 1712161 Jqjqj0j6j ;zj';Zjqj0 10 101 1 1 1 1 / 7 7 ., 6141110161,�101710 10101 11 1 1 1&17 , (�zc 7 12 16-1 3i 19 10 10 0 116 1'3 d (/ 49 o 73s.� 00 2,V- y9 01-7131171010 10l7 � � 1 7 �z 0 1-1) 15161010 � o o � I 76 y9 / c a00011 o �� -71�2VI Iq 19 1I --;Ll -;� 6 -Ao00 I j I I/ II61I , c' � �1-51 . , 000 1 1 1 r 171 Atascadero Fire Dept . SUBMITTED BY Peggy Green 466-2141 Name Phone Number 6005 Lewis Ave . , Atascadero 7/22/87 Address Date COUNTY OF So ;IS OBISPO - AUDITOR-CONTROLLOP OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS SPECIAL ASSESSMENT Atascadero Weed Abatement TRA (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount aU1q1q1Ao1—A- /1 / 1o10 101 1 1 1� U I Iq I q 'A I/ 1,;k 1v0 1010 1 1 I . / , al jqjqjAA;q3, qjOjOjO1 3y . � c 1171 a6 16 rJO In I D q 17aL, 11MAVILP1h10 10101 1 1 11 r3ig � 7fli 13101 I 101010 1 1) 3y , � �. 7 --AG- 5C] 1 I y / V300 X01 15]0, [,;21,3 1 10 M o 10 10 1e o 10 I 2VA SC% / 31 01 -1010 0 / a c 7 :�,1& 000 I j 11113141 . �1 � 17 . G' [�41 3111 / 13 1 I_ol o 10 1 Atas•cadero Fire Dept. • SUBMITTED BY Peggy Green 466-2141 Name Phone Number R�R;c�gw�g Ave . 7/22/87 Address Date ` COUNTY OF SAO ;IS OBISPO - AUDITOR-CONTROLLER OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS .ECIAL ASSESSMENT Atascadero Weed Abatement TRA - (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount 0HO100 1 1 1 1 131-3 . 0 1,51L]l 01/ L-3 10 1 AO 1010 a � A 51000 1.15 1 q • � a ( [qq I ac / 1,3p0 0 0 1 1 1 P1110 1117 ad 5qa3I390 10101 1 1 1 1 F Uo a � 1 .33 ;�l e910 100 to yo (] 5 `431 / 3300 lo 17 6, 031 -:2,1"g00 19 1 7 G 550 l 3 o I 1 / I7131 • G 1171A 55' G � 0 -7000 1 114 / g � 1 7 ,AJ 5 _ G / 1/1�1 00o 171,?- Id I3I 101 / 1 000 Atascadero Fire Department SUBMITTED BY Peggy Green 466-2141 Name Phone Number 6005 Lewis Ave . , Atascadero 7/22/87 AJU-ress Date COUNTY OF S)* ;IS OBISPO - AUDI TOR-CONTROL L01 OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS SPECIAL ASSESSMENT Atascadero Weed Abatement TRA - (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount l1712 L 611131/ 1113]0 10 1011 ., �Jc I 11-51-51 / 5 / l0 $ 0 00 0 c 17 10 0 101 1_11 1.1 N 117 -251151-1-10111 /1610 10 101 1 1 1 1 1 A -31 11-7 a V1, S -A C� I o fro 10 10 7 , Lc 15-151,A 0I0 �10 I 00 � mnG � 7 � G ao /I 1jqj 00ig • � 7 2, G' 1515116 1J1 170 1:31 . �J � 11171,2161 :15 10 1 0, 3111010 y d p ' I l . � 76Cir J 3000 550 ��LL]400o 1111 / isi �l . � � 7aG 55oG ;� 37oo0 1313 Atascadero Fire Department • SUBMITTED BY Peggy Green 466-2141 Name Phone Number 6005 Lewis Ave . Atascadero, CA 7/22/87 Address Date ` COUNTY OF SAO"IS OBISPO - AUDITOR-CONTROLLE .OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS •ECIAL ASSESSMENT Atascadero Weed Abatement TRA _ (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount l � aG 55a -71 1 10 10 10 0 � 3ali 90 I 00 Ll 71 . 1171 A(�,lsella / o0 0 1 ) LZ 1A 3 1 �J,-31 co I 0 I 0 I I I 1 11011 . 'Ad 5 & 31 actio 10101 c> � �' 1 r7 I a 61 k 61316H] ,sfo 10101 1 1 1 1 17151 , c [71,-2,16,1 L1 [516101-15113 1011010 O 17 lql �- 0 181 0 1 Z)1.51c 1 � U 15-K-1 / 131/- 1 17 1 o I 0 h 1-7 1;;j r I 13 / ,� 000 1 1 11171G 7 : G / 3 / 1 /10/1010 10 I . � 17 1 7j � 3 / 1 13 1 q 10100 • Atascadero Fire Department SUBMITTED BY Peggy Green 466-2141 Name Phone Number 6005 Lewis Avenue 7/22/87 Address Date COUNTY OF SJO ;IS OBISPO - AUDI TOR-CONTROLLO OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS SPECIAL ASSESSMENT Atascadero [deed Abatement TRA - (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount 1 a (� . GI 3 00 10 1 1 1 1716 G { 117 2,1 634114 19 10 10101 1 1 1 1-31 -4 . I 17 � 3 / 3 I 110 10 101 7 � � 1 111 0 0 0 • ( 1010101 11 1 1 1 1W 10 10 10 • i D 10 DID 0 10 000 I ' l 01010 000 Atascadero Fire Dept. • SUBMITTED BY Peggy Green 466-2141 Name Phone Number 6005 Lewis Ave . , Atascadero 7/22/87 Address Date 1A • MEMORANDUM TO: Board of Directors THROUGH: Mike Shelton , City Manager FROM: Paul S nsibaugh, Director of Public Works SUBJECT : Assessment District No. 3 Assessment Charges to Property Taxes DATE: July 21 , 1987 Recommendation : Staff recommends that the Board adopt the attached resolution authorizing staff to collect assessment charges through the property tax procedures as provided in the Health and Safety Code. Background: • The Marchant Way property owners petitioned the City to form a sewer assessment district due to septic problems associated with the Cease and Desist Area . A neighborhood meeting was held on November 18, 1985 with City staff and the project engineer presenting the boundary options . The most economically feasible, and therefore most popular, alternative involved including the south side of Sant Rosa , however, due to the location of the Urban Services Line that option had to be deleted. Various boundary alternatives were presented and the current boundary was chosen . The project is completed and is in it' s 1 year warranty period. The owners have two years from availability in which to connect although a large portion of residences have already connected. The time of payment is set for July 27th or placed as a lein on the property taxes and paid in installments . There was no specific time for the payment of annexation fees but it was understood that they would be due upon connection and not upon annexation . In the case of AD #4 which was separately negotiated, three years was allowed for payment . AD #3 on the other hand has a limit fixed on the assessment amount . Both projects had city participatiion . • Fiscal Impact This project will be funded through the use of FmHA loan money remaining after the new treatment plant was completed. This method of financing was attractive to both the property owners and the District due to the low interest rate . District Ordinance and the Health & Safety Code Section 5464 provide for funding projects of this type with a 6% cap on the interest rate charged to the property owners . Through the use of FmHA monies loaned at 5% the District was able to complete the project and avoid using funds invested at higher rates than could be charged. The attached resolution provides authorization to place the annual assessment payment on the property taxes. • 46 RESOLUTION NO. 78-87 RESOLUTION OF THE BOARD OF DIRECTORS OF THE ATASCADERO COUNTY SANITATION DISTRICT PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT NO. 3 (MARCHANT WAY) ON THE PROPERTY TAXES FOR THE 1987-88 FISCAL YEAR WHEREAS, Improvement District No . 3 was formed by Resolution 3-86 of this Board on January 13, 1986; and WHEREAS, Improvement District NO. 3 was annexed into the Atascadero County Sanitation District by Resolution 4-86 of this Board on January 13, 1986; and WHEREAS, the Board set a hearing on the on the levy of assessments for said Improvement District held on July 28th, 1987 at 7 : 30 p .m. in the City Council Chambers ; and WHEREAS, at this time, the Board heard testimony and evidence and is desirous of proceeding with the levy of assessments ; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Atascadero County Sanitation District as follows : Section 1 . The above recitals are true and correct . Section 2 . Upon the conclusion of the public hearing, the written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assembled lands within the District , and all protests are hereby overruled and denied. Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing on the 1st day of July, 1987 and ending on the 30th day of June, 1988, listed in Exhibit A Section 4 . Section 5464 of the Health and Safety Code allows the District to fix the cost of improvement , the times at which such costs become due, set the period of installments , provide the rate of interest , and establish a lein against the respective lots . Section 5 . The assessment has been determined to be $4150 . 00 per parcel to be paid at an interest rate of 6% per . year for a term of 15 years , said yearly assessment to be $428 . 00 Section 6 . The City Clerk is hereby ordered and directed a to file a certified copy of the diagram and assessment roll with the County Auditor , together with a certified copy of this Resolution upon its adoption . Section 7 . The City Clerk is hereby further ordered and directed to file a certified copy of the diagram and assessment roll with the County Tax Collector, together with a certified copy of this Resolution upon its adoption . On motion by Board Member and seconded by Board Member ,the following resolution is adopted in its entirety by the following roll call vote: AYES; NOES : ABSENT : DATE: ATTEST : MIKE SHELTON, Secretary BARBARA NORRIS, Mayor Approved as to Form: Approved as to Content : JEFFREY G. JORGENSENY PAUL M. SENSIBAUGH City Attorney Director of Public Works 1 HEALTH AND SAFETY CODE §5465 Repealed whereupon it shall be the duty of those officers to add the amount of the assessment to the next t regular bill for taxes levied against the lot or parcel of land. The liens provided for by this section shall be enforced in the same manner as those provided for by Title 15(commencing with Section 3082),Part 4, Division 3,of the Civil Code. - The¢overnine board may also use the procedures in Section 5474 for levying the costs incurred for the constructs n of the improvements for the connection of the Rremises to the nublic sewer. (Amended by Stats.1971,c. 935,p.1834,§ 1; Stats.1973,c. 852,p. 1519, § 1, urgency,eff. Sept. 25, 1973.) § 5464. Request by owner for governing board to connect property to system; lien for work done Any owner or reputed owner,who has his property included within an assessment district-for the construction of a main trunkline or collector sewer lines,may request the governing board to construct all necessary plumbing to connect his property to the adjoining street public sewer system. The . person employed by the governing board to do the work shall have a lien upon the property,for work done and materials furnished, and the work done and materials furnished shall be deemed to have been done and furnished at the request of the owner,reputed owner,or person claiming or having any interest in the property. The governing board may pay all, or any part, of the cost or price of.the connection to the person or persons who furnished labor, materials,or equipment and, to the extent that the governing board pays the cost or price of the connection,it shall succeed to and have all the rights, including the lien, of the person or persons against the property and the owner or reputed owner of the property. As an alternative power to the enforcement of the lien provided for in this section, the governing body of the public agency performing the work of connection to the public sewer may,by the power of • ordinance approved by-two-thirds vote of the members of the..legislative body, fix the cost of improvement for connection to the sanitation or sewerage facilities,fix the times at which such costs shall become due,provide for the payment of the costs prior to the construction and connection or in installments over a period,not to exceed 15 years,provide a rate of interest,not to exceed 6 percent per annum,to be charged on the unpaid balance of the costs,and provide that the amount of the costs and the interest shall constitute a lien against the respective lots or parcels upon which the facilities are constructed. s.. The governing body may use the procedures specified in Section 5474 to implement the levying of the costs for the construction and connection of the premises to the public sewer... — - (Added by Stats.1973,c.852,p. 1520,§ 2,urgency,eff. Sept. 25,1973.) Library References Municipal Corporations 0---712 CJ.S.Municipal Corporations§ 1805. a. ARTICLE 3.5. BONDS Sec. 5465. Repealed. f:` § 5465. Repealed by Stats.1975,c. 552, p. 1125, § 2 The repealed section, added by Stats.1975, c. 552, p. Former§ 5465 was amended by Stats.1971,c. 1593,p. 1125, § 2, relating to bond election, was repealed by 3282, § 191; Stats.1973,c. 1091, p. 2221, § 1,and was force of its own terms on Jan 1,.1977. repealed by Stats.1975,c.552,p. 1125,§ 1. ARTICLE 4. SANITATION AND SEWERAGE SYSTEMS Sec. 5472. Payment of fees, rates, etc., under protest; action to recover after refusal of refund; law governing. 5472.5. Collection of rates with rates of other utilities. � • Asterisks ' • ' indicate deletions by amendment 17 t.l � MORLAN & JONES, and HANLO An Association of Attorneys THOMAS M.MORLAN 8655 MORRO ROAD,SUITE C TEM.—P.O. OFFICE ROBERT M.JONES POST OFFICE BOX 606 118 MAIN ST. P.O. BOX 957 ROY A.HANLEY ATASCADERO,CALIFORNIA 93423 TEMPLETON,CA 93465 TELEPHONE: (805) 466-4422 (805)434-2555 M E M O R A N D U M DATE: July 30 , 1985 TO: Paul Sensibaugh, Public Works Director FROM: Robert M. Jones , Interim City Attorney RE: Extension of Sewer Line on Marchant Ave. , Atascadero Lake Area You have requested from me -research as .-to the extension of the sewer line for the Sanitation District of Atascadero to Marchant from Pismo Ave.. in the Atascadero Lake area. In reviewing the Health and Safety Code, Atascadero County Sanitation District falls within the 1911 Act as amended by statutes of 1939. Section 4770. of the Health and Safety Code provides in part, " . the Board of any District organized subsequent to the effective date of the amendment (added by stats 1939 , Chapter 1124 , Section 4) . . . may order the construction of sewers and appurtenences in the whole or any portion of any streets , highways or public places of the District . and may provide that the costs shall be assessed upon the fronting lot and lands whereupon a special district. " Section 4830 through 4839 prescribe how land is to be annexed into the Sanitation District, and specifically Section 4834 , provides that "Territory already a part of a County Sanitation District may be annexed to an improvement district of that County Sanitation District under the porcedure set forth in Sections 4835 to 4839 , inclusive (of the Health and Safety Code) . Whenever territory is so annexed to improvement district of a County Sanitation District, the annexed territory shall 'fie subject to all the liabilities and entitled to all the benefita of the improve- ment district. " Section 4835 through 4839 setforth how the annexation is to take place , including a Notice of Hearing of the annexation, when a majority pro- test is deemed to exist. with the acutal Hearing process including evi- dence consists of, and actual filing of the Resolution approval of the map affcctuating the annexation. Section 5463 provides that the District may, in an involuntary manner construct a sewer system after serving notice upon an Owner in lands within the sevice district, and place a �ien on the real property for all work and materials furnished and done. -- - 'Z' C RESOLUTION NO. 4-86 RESOLUTION OF THE ATASCADERO COUNTY SANITATION DISTRICT APPROVING THE ANNEXATION OF I12ROVEMENT DISTRICT NO. 3 TO THE ATASCADERO COUNTY SANITATION DISTRICT PURSUANT TO SECTION 6550. 17 OF THE HEALTH AND SAFETY CODE q WHEREAS , the Atascadero County Sanitation District is empowered by Section 6550. 17 of the Health and Safety Code to annex territory already a part of the County Sanitation District to an improvement district of the County Sanitation District; and WHEREAS , the Atascadero County Sanitation District has approved the formation of Improvement District No. 3 to the Atascadero County Sanitation District; and WHEREAS , the Atascadero County Sanitation District Board of Directors has properly noticed a hearing for the proposed annexation of Improvement District No. 3 consisting of lots 66 through 87 of Block JC in the City of Atascadero; and WHEREAS , it is in the best interest of Atascadero County Sanita- tion District to provide sewer service to the subject property as aforedescribed; and WHEREAS , the extension of utility service to existing private structures are categorically exempt or receive a negative declatation pursuant to provisions of California Environmental Quality Act (class 19) . NOW, THEREFORE , BE IT RESOLVED BY THE DIRECTORS OF THE ATASCADERO COUNTY SANITATION DISTRICT AS FOLLOWS: 1 . The Board finds that the territory described in this resolu- tion shall be benefited by annexation to the Atascadero County Sanitation District; 2. The territory that is intended to be annexed to the Sanitation Improvement District of the Atascadero County Sanitation Dis- trict shall be known as Improvement District No. 3 and shall consist of the following lots : Lot 66 Block JC , Atascadero Colony A.P.N. 31-381-56 Lot 67 Block JC , Atascadero Colony A.D .N. 31-381-55 Lot 68 Block JC , Atascadero Colony A.P .N. 31-318-36 Lot-&& Block JC , Atascadero Colony A.P.N, 31-381-44 NOTE : This resolution was announced as No. 124-85 ; reassi'gned No. 4-86 to reflect the 1986 series . (per City Atty. /City Clerk) '' ' Correction per Public Works Dept. Resolution No. 4-86 Page 2/ Lot 70 Block JC, Atascadero Colony A.P.N. 31-381-41 Lot 71 Block JC, Atascadero Colony A.P.N. 31-381-62 Lot 72 Block JC, Atascadero Colony A.P .N. 31-381-61 Lot 73 Block JC, Atascadero Colony A.P.N. -31-381-20 Lot 74 Block JC, Atascadero Colony A.P.N. 31-381-51 Lot 75 Block JC , Atascadero Colony A.P.N. 31-381-53 Lot 76 Block JC, Atascadero Colony A.P.N. 31-381- Lot 77 Block JC , Atascadero Colony A.P.N. 31-381-52 Lot 78 Block JC, Atascadero Colony A.P.N. 31-381-46 Lot 79 Block JC , Atascadero Colony A.P.N. 31-381-47 Lot 80 Block JC , Atascadero Colony A.P.N. 31-381-59 Lot 81 Block JC , Atascadero Colony A.P.N. 31-381-60 Lot 82 Block JC , Atascadero Colony A.P .N. 31-381-62 Lot 83 Block JC , Atascadero Colony A.P.N. 31-381-45 Lot 84 Block JC , Atascadero Colony A.P.N. 31-381-10 Lot 85 Block JC , Atascadero Colony A.P .N. 31-381-09 See note on first page of this resolution. Resolution No. 4-86* Page 3/ , Lot 86 Block JC , Atascadero Colony A.P.N. 31-381- y Lot 87 Block JC , Atascadero Colony A.P .N. 31-381-07 4. The Atascadero County Sanitation District Board shall file a certified map of this resolution together with a map or plat of the new boundaries of the Improvement District as required by section 54900 , 54901 , and 54902 of the Govern- ment Code. Upon such filing, the annexation of the territory in the improvement district shall be effective. On motion by Board Member MOLINA and seconded by Board Member HAS , the o lowing re- solution is adopted in its entirety by the o owing roll call vote : AYES: DIRECTORS HANDSITY, MACKEY, MOLINA, NORRIS AND CHAIRMAN NE?S0N ITOES : NONE ABSENT: NOME 0 DATE: 1/13/36 ATTE$T n MIKE SHE LTON, Secretary ROLFE N:.L ON, Chairman Approved -as to form: AP? :.O�-'F:T? AS TO CONTENT: RORER M. J01 City Attorney PAUL :4. SENSIBAUGH Director of Public Works/ 1� Cit} Engineer See note on first page of this resolution. RESOLUTION NO. 3-86* RESOLUTION OF THE ATASCADERO COUNTY SANITATION DISTRICT APPROVING THE FORMIATION OF IMPROVE1.TNT DISTRICT NO. 3 TO THE ATASCADERO COUNTY SA',`IITA,rION DISTRICT PURSUANT TO SECTION 6550. 1 Et seq OF THE HEALTH AND SAFETY CODE WhitREAS , the Atascadero County Sanitation District is empowered by Section 6550. 1 of the Health and Safety Code to form improvement districts within the district boundary of the County Sanitation dis- trict; and WHEREAS , the Atascadero County Sanitation District has received a petition from property owners residing on 1,!arc'-.ant Way and Santa Rosa Road in the City of Atascadero requestir_? that an improver,ent district be formed to include lots 66 through 87 of Block- JC in the City of Atascadero; and WHEREAS , the Atascadero County Sanitation District Board of Directors has properly noticed a hearing for the proposed annexation of the aforesaid lots into an improvement district No. 3; and WHEREAS , at the duly noticed hearing for January 13 , 1936 , there being no majority protest against the formation of improvement dis- trict No. 3 ; and VTHEREAS , it being in the best interest of Atascadero County Sani- tation_ District to *provide sewer service to the subject property, as aforedescribed; and TWMEREAS , the extension of utility service to existing private structures are categorically exempt or receive a negative declaration pursuant to provisions of California Environrnent�ql Quality Act (class 19) . X10;?, THER EFO''_E , BE IT RESOLVED BY THE DIRECTORS OF THE ATASCADERO COUNTY SA14ITATION DISTRICT AS FOLLOWS : 1 . The Board finds that the territory described in this reso'_u- tion shall be benefited by the formation of an irnprcver�,ent' district `3o. 3 to t'_;*.,Atascadero County Sanitation District for the purpose of _providing sewer service to said area. 2. The estimated cost for each parcel. within the i.mtirovement district No. 3 is the sum of Tour thousand one hundred fifty ($4 ,150 . 00) dollars per parcel. 3. The parcels which are within improvement district No. 3 are set forth as follows : "TOTE : Assinned ''es. 71o. 1_23--5 chane(', to the 10,86 series . (per Cit. ?t*--, /;;it. ^_le:-_-` -1- Resolution-123 3-86* Page 2/ Lot 66 Block JC, Atascadero Colony A.P.N. 31-381-56 Lot 67 Block JC, Atascadero Colony A.P.N. 31-381-55 Lot 68 Block JC, Atascadero Colony A.P.N. 31-381-36 Lot 69 Block JC , Atascadero Colony A.P.N. 31-381-44 Lot 70 Block JC, Atascadero Colony A.P.N. 31-381-41 Lot 71 Block JC , Atascadero Colony A.P.N. 31-381-62 Lot 72 Block JC , Atascadero Colony A.P.N. 31-381-61 Lot 73 Block JC , Atascadero Colony A.P.N. 31-381-20 Lot 74 Block JC, Atascadero Colony A.P.N. 31-381-51 Lot 75 Block JC , Atascadero Colony A.P.N. 31-381-5 Lot 76 Block JC , Atascadero Colony A.P.N. 31-381-53 Lot 77 Block JC , Atascadero Colony A.P .N. 31-381-52 Lot 78 Block JC , Atascadero Colony A.P .N. 31-331-46 Lot 79 Block JC , Atascadero Colony A.P .N. 31-381-47 Lot 80 Block JC , Atascadero Colony A.P.N. 31-381-59 Lot 81 Block JC , Atascadero Colony A.P . I. 31-381-60 See note on firsta e of this p g s resolution. Resolution-123- 3-86* Page 3/ Lot 82 Block JC , Atascadero Colony A.P.N. 31-381-62 Lot 83 Block JC , Atascadero Colony A.P.N. 31-381-45 Lot 84 Block JC , Atascadero Colony A.P.�;. 31-381-10 Lot 85 Block JC, Atascadero Colony A.D.N. 31-381-09 Lot 86 Block JC, Atascadero Colony A.D .N. Lot 87 Block JC , Atascadero Colony A.P.N. 31-381-07 4. The Atascadero County Sanitation District Board shall file a certified map of this resolution together with a map or plat or the new boundaries of the improvement district as required by section 54900 , 54901 , and 54902 of the Government Code. Upon such filing, tr.e formation of the improvement District shall be efLective. On motion by Board Member MOL?"1A and seconded by Board Member HANDSITY , the _.ot owing resolution is adopted in its entirety by the fol owing roll call vote: AYES : DIRECTORS HANDSITY, MACKEY, MOLINA, ?"ORRIS AND CHATRJAN N LSON NOES : NONE ABSENT: NONE. DATE: 1/13/86 A'2TEST ' t �y IiIKL-SHELTON, Secretary ROL.FE N- SON, hairman Approved AS TO FOR-1: APP7.0VED AS TO CONTENT : ROBERT-'M. ONE , City Attorney PAUT, M. SE?\TSIBAU:su Director of Public Works/ lv City Engineer See note on first page of this resolution. •- A G--0An • MEMORANDUM TO: Board of Directors THROUGH: Mike Shelton , City Manager FROM: Paul Sensibaugh, Director of Public Works A5 SUBJECT : Additions of Atascadero Sanitation District Service Charges to the 1987-88 Property Taxes DATE July 10, 1987 Recommendation : It is recommended that the Board adopt the attached resolution and exhibit upon completion of the public hearing. Background: • The ordinance which established bli hed the Atascadero County Sanitation District provides for the collection of sewer charges on the general County tax bills . This resolution has been prepared in accordance with Section 54354 .5 of the Government Code to accomplish the necessary collection through the 1987-88 property tax bills . In addition, a Notice of Public Hearing has been published noticing this action . Discussion : The basic area of resolaement during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer charge that is listed under the column entitled "amount" on "Exhibit A" . Request that any questions or concerns received during the public hearing be referred to Staff for resolvement in order to ensure compliance with the forwarding of the approved list to the County Auditor , • • RESOLUTION NO. 72-87 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ATASCADERO COUNTY SANITATION DISTRICT ADOPTING SERVICE CHARGES TO BE ADDED TO THE 1987-88 PROPERTY TAX BILL WHEREAS, this Board, after due notice was given in accordance with Section 54354 .5 of the Government Code, had duly held a public hearing concerning the addition of the 1987- 88 service charges to the 1987-88 property tax bill ; and WHEREAS, at said hearing the attached report marked "Exhibit A" containing such charges was duly received by said Board; and WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of . testimony or other eveidence concerning same; and WHEREAS, it is in the public interest that this board adopt the charges and determine and confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Atascadero County Sanitation District , as follows ; Section 1 . That the recitals set forth hereinabove are true, correct and valid. Section 2 . That this Board hereby adopts the service charges set forth on the attached report marked "Exhibit A'' which is hereby expressly incorporated herein by reference as though here fully set forth; and this Board hereby determines and confirms the report containing such charges as set forth in said "Exhibit A" and hereby further determines and confirms that each and every service charge set forth in said report is true and accurate and is in fact owed. Section 3. That the charges as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report , and such charges shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalites in the same procedure and sale in case the delinquency is provided for such taxes . r • Section 4 . The Secretary shall file a certified copy of this resolution and said adopted and determined and confirmed report of service charges with the County Auditor prior to August 10 , 1987 . - Section 5 . This resolution is approved by at least a two- thirds vote of said Board. On motion by Director and seconded by Director the foregoing resolution is hereby adopted in its entirety by the following vote : AYES: NOES : ABSENT : ADOPTED: ATTEST: BOYD C . SHARITZ, City Clerk BARBARA NORRIS, President APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M SENSIBAUGHY City Attorney Dir , of Public Works 1 71Z8197 1? RESOLUTION NUMBER 76-87 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO POLICE OFFICERS ASSOCIATION WHEREAS, the City of Atascadero has met and conferred in good faith with the Atascadero Police Officers Association for the purpose of discussing wages, benefits, and other conditions of employment; and WHEREAS, the City of Atascadero and the Atascadero Police Officers Association Bargaining Unit have reached an agreement regarding said wages, benefits, and other conditions of employ- ment for the term of Fiscal Year 1987/88; and NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and the Atascadero Police Officers Association for Fiscal Year 1987/88, and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on • behalf of the City. On motion by Councilperson and seconded by Councilperson , the foregoing resolution is bereby adopted in its entirety on the following roll call votes: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA By: BARBARA NORRIS, Mayor • 4M '"N� / AG jNDA D 718/97 1;E`A Z)_Z • RESOLUTION 75-87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND LOCAL 817 SERVICE EMPLOYEES INTERNATIONAL UNION ATASCADERO CHAPTER CLERICAL BARGAINING UNIT WHEREAS, the City of Atascadero has met and conferred in good faith with Local 817 Service Employees International Union (S.E. I.U. ) Atascadero Chapter Clerical Bargaining Unit for the purpose of discussing wages, benefits, and other conditions of employment; and WHEREAS, the City of Atascadero and the Atascadero Chapter Clerical Bargaining Unit have reached an agreement regarding said wages, benefits, and other conditions of employment for the term of Fiscal Years 1987/88 , 1988/89 and 1989/90 ; and NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and Local 817 Service Employees International Union Atascadero Chapter Clerical Bargaining Unit for Fiscal Years 1987/88, 1988/89 and 1989/90 , and authorizes the City Manager, as the Employee Relations ,Officer , to enter into said agreement on behalf of .the City. On motion by Councilperson and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA By: BARBARA NORRIS, Mayor PREPARED BY: DAVID G. O GENSEN, Director of Administr tive Services • THE COMPLETED MEMORANDUM OF UNDERSTANDING WILL BE SUPPLIED BY ADMINISTRATIVE SERVICES AT A LATER DATE AG7;10A . RESOLUTION 74-87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND LOCAL 817 SERVICE EMPLOYEES INTERNATIONAL UNION ATASCADERO CHAPTER GENERAL SERVICES BARGAINING UNIT WHEREAS, the City of Atascadero has met and conferred in good faith with Local 817 Service Employees International Union (S.E. I.U. ) Atascadero Chapter General Services Bargaining Unit for the purpose of discussing wages, benefits, and other conditions of employment; and WHEREAS, the City of Atascadero and the Atascadero Chapter General Services Bargaining Unit have reached an agreement regarding said wages, benefits, and other conditions of employment for the term of Fiscal Years 1987/88, 1988/89 and 1989/90 ; and NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and Local 817 Service Employees International Union Atascadero Chapter General Services Bargaining Unit for Fiscal Years 1987/88, 1988/89 and 1989/90, and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. • On motion by Councilperson and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA By: BARBARA NORRIS, Mayor PREPARED BY: i . DAVID 04GENSEN, Director of Administr, t ve Services DAT2'W/ZL/SL1 I EM • MEMORANDUM TO: City Council THROUGH Mike Shelton , City Manager FROM: Paul SeQnsibaugh, Director of Public Works �cJ SUBJECT : Dial- -Ride Contract Renewal DATE: July 21 , 1987 Recommendation : Staff recommends that Council accept and enter into the attached agreement by and between the City of Atascadero and Community Transit Services , Inc . for the terms specified. Background: The contract for Dial-A-Ride management services is • renewed annually as part of the services provided under SB325 . Community Transit provides reliable, courteous and prompt service and, for a system of this size, receives very few complaints . Staff see no reason to request proposals from other companies as long as the service remains reliable and the costs are reasonable and competative . Fiscal Impact : The contract terms are unchanged, however , the hourly rate increases from $6 . 892 to $6 . 945. This change reflects the increased cost of insuring new buses over the older ones that have been retired. The total contract increase is approximately 5 .5% which is made up of the change in hourly rate and an increase in the numbers of service hours anticipated. Payment is made on the actual number of hours realized. Lai COMMUNITY TRANSIT SERVICES, INC.* 1450 E. 17th Street, Suite 100 Santa Ana, California 92701-2786 (714) 542-1740 July 8, 1987 File: C:CA-Atascadero REG-07087-OT:6/20-FC Mr. Paul Sensibaugh Director of Public Works CITY OF ATASCADERO P.O. Box 747 Atascadero, CA 93423 Reference: Amendment for 1987-88 Dear Mr. Sensibaugh: Enclosed at Jim Pierson's request are two signed copies of Amendment No. 3 to our Agreement with the City for continued operation of the City's Dial-A- Ride program for the 1987-88 year. If you have any questions, please call either Jim at (707) 422-5098 or me. We're please to continue our involvement with the City in providing this important service. I hope you'll call on us if we can be of any assistance. VeryncerIthr Roy E. GlaI Contract Administrator REG/bt Enclosures xc (w/Encl) : J. Pierson • AMENDMENT TO AGREEMENT 1 Amendment No. 3 2 This Amendment No. 3 to the previous agreement is made and entered 3 into the day of July 1987, by and between the City of Atascadero, 4 California, hereinafter called City and COMMUNITY TRANSIT SERVICES, INC. , 5 hereinafter called "M&O". 6 7 W I T N E S S E T H: 8 9 WHEREAS, City and M&O entered into a prior agreement on the 24th day 10 of June, 1984, for the management and operations of a Dial-A-Ride System; and 11 WHEREAS, City and M&O modified certain elements of this Agreement 12 through Amendment No. 1, dated August 12, 1985; and again through Amendment No. 2, dated June 23, 1986; and 13 14 WHEREAS, City and M&O desire to modify said agreement as previously amended; 15 16 NOW, THEREFORE, it is hereby agreed that the Agreement dated June 24, 1984, between the parties, as subsequently amended is further amended in the 17 following particulars only: 18 19 1. ARTICLE 3, Contract Term, amended to read: The term of this Agreement shall be from July 1, 1987, through June 30, 1988. 20 21 2. ARTICLE, 4, Maximum Obligation, amended to read: City agrees to . 22 pay M&O in consideration for its services as described herein. The maximum 23 price to be paid by City to M&O for Budget Period July 1, 1987, to June 30, 24 1988, shall not exceed One Hundred Sixty Nine Thousand Three Hundred Eighty Four Dollars ($169,384.00). 25 26 27 30/3 � s 3. ARTICLE 5, Price Formula, amended in part to read: 1 2 (a) Payment of a fixed hourly rate of $6.945 per vehicle service hour. 3 4 (b) Payment of a fixed weekly rate of 2,209.02 per service week. S 4. ARTICLE 24, Force Majeure, subsection (b) amended to add: 6 (3) mandated minimum wage is raised to a level above the wages then being paid to M&O employees. 7 8 5. ARTICLE 31, Comprehensive General Liability Insurance, paragraph 9 one amended to read: Throughout the term of this Agreement, M&O shall procure 10 and maintain a Comprehensive General Liability Policy providing One Million 11 Dollars ($1 ,000,000.00) combined single limit Bodily Injury and Property Damage. Said policy shall include coverage for premises, personal injury and blanket 12 13 contractual, but shall not include coverage for vehicle liability and/or vehicle 14 physical damage insurance. Such vehicle insurance shall be provided as speci fied in the section of this contract entitled "Vehicle Insurance". 15 16 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to 17 Agreement to be executed by and through their respective officers thereunto 18 duly authorized on the date first written above. 19 20 CITY OF ATASCADERO COMMUNITY TRANSIT SERVICES, INC. 21 22 By. By" Date: Date: 23 24 Witnessed by: And by: 25 Date: 26 / 27 —2— COST SUMMARY 01-Jul-87 TO 30-Jun-88 Atascadero DIRECT PAYROLL INDIRECT TOTAL Management $21 , 510 $7, 529 $29, 039 Staff 16, 180 5 , 663 21 , 843 Operators 44, 868 15 , 704 60 , 572 Maintenance 0 0 0 Total $82 , 558 $28, 896 $111 , 454 OPERATING EXPENSES Vehicle Maintenance $0 Maintenance Tools and Equipment 0 Fuel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Fuel Station • 0 Vehicle Cleaning Supplies . . . . . . . . . . . . . . . . . . . 0 Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Vehicle Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 19, 350 Communications Equipment . . . . . . . . . . . . . . . . . . . . 0 Communications Maintenance . . . . . . . . . . . . . . . . . . 0 Telephones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600 Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Facility Modification . . . . . . . . . . . . . . . . . . . . . . . 0 Utilities . 0 4Control Center Equipment 500 upplies . . 250 ecruitingSupplies . . . . . . . . . . . . . . . . . . . . . . . . . 100 Travel & Petty Cash . . . . . . . . . . . . . . . . . . . . . . . . . 600 Reproduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Physicals . . . . . . . . . . . . . . . . . . . . . 325 Marketing & Promotion . . . . . . . . . . . . . . . . . . . . . . . 0 Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Depreciation . . . . . . . . . . . 0 License Fees 0 General & Administrative. • . . . . . . . . . . . . . . . . . . 20 , 640 Total . . . . . . . . . . . . . . . . . . $42, 930 LABOR $111 , 454 Service Hours 7, 850 OPERATING EXPENSES $42, 930 Hourly Price $6. 945 TOTAL COST $154, 384 Weekly Price $2, 209. 02 MANAGEMENT FEE $15 , 000 Service Miles 119, 250 PRICE $169, 384 STARTUP $0 TOTAL PRICE $169, 384 Prepared by: JLP Date: 03-Jun-87 Approved by: Date: CTS Budget Version 3 Rev. 02/86 FIXED AND VARIABLE COST SUMMARY PROJECT: Atascadero BUDGET PERIOD : 01-Jul-87 To 30-Jun-88 FIXED COSTS Management Labor $29, 039 Staff Labor 21 , 843 Operators Non Revenue Labor 6, 057 Maintenance Labor 0 Operating Expenses 42 , 930 Management Fee 15 , 000 Startup Expenses 0 Total Fixed Costs $114, 869 TOTAL FIXED COSTS $114 , 869 DIVIDED BY NO. WEEKS 52 EQUALS WEEKLY RATE $2 , 209. 02 Vehicle Operator Revenue Labor $54, 515 Divided by Number of Hours 7, 850 Equals Hourly Rate $6, 945 . FIXED COSTS $114, 869 S VARIABLE COSTS $54 , 515 TOTAL COSTS $169, 384 Prepared by: JLP Date: 03-Jun-87 IOST SUMMARY 01-Jul-87 TO 30-Jun-se Atascadero DIRECT PAYROLL INDIRECT TOTAL Management $21j510 $7, 529 $29, OwD Staff Isliso 5j6e3 21 i &4:-:.' Operators 44, She15170ii 60, 572 Maintenance 0 0 0 Total $a2, 55B s2a' aw $111j454 OPERATING EXPENSES Vehicle Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . $0 Maintenance Tools and Equipment . . . . . . . . . . . . . 0 Fuel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C11 Fuel Station . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0i Vehicle Cleaning Supplies . . . . . . . . . . . . . . . i2 Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LI) Vehicle Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 19j 30-D Communications Equipment . . . . . . . . . . . . . . . . . . . . 0 Communications Maintenance . . . . . . . . . . . . . . . . . . Telephones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E0(Z Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0 Facility Modification . . . . . . . . . . . . . . . . . . . . . . . 0 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Control Center EQuipment . . . . . . . . . . . . . . . . . . . . Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recruiting Supplies . . . . . . . . . . . . . . . . . . . . . . . . . 100 Travel & Petty Cash . . . . . . . . . . . . . . . . . . . . . . . . . 6?01 Reproduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Q-1) Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Physicals . . . 325 Marketing & 011 Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Denreciation . . . . . . . . . . . . . . . . . . . . . . . . . . . — . . 0 License Fees . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . Q1 General & Administrative. . . . . . . . . . . . . . . . . . . . 20, 641ZI Total . . . . . . . . . . . . . . . . $42, 9112) LABOR $111. 454 Service Hours --n-Eazoo OPERATING EXPENSES $42: S10, Hourly Price $6. 945 TOTAL COST *j5AQ&4 Weekly Price S2, 209. 02 MANAGEMENT FEE 115. 00iZ) Service Miles 1 19, 251?� PRICE $16s, am STARTUP, 1'%1 TOTAL PRICE Prepared by: jP, Date: 0,3-Jun-27 Approved ny: Date : CTS Buopet Version 3 Rev. 02/8E. COST SUMMARY JULY 1, 1986 TO JUNE 30, 1987 Atascadero DIRECT PAYROLL INDIRECT TOTAL Management $21,016 $ 7,356 $28,372 Staff 15,972 5,590 21,562 Operators 40,901 14,315 55,216 Total $77,889 $27,261 $105,150 OPERATING EXPENSES Vehicle Insurance $18,534 Control Center Equipment 1,000 Supplies 250 Recruiting Supplies 100 Travel & Peaty Cash 600 Reproduction 400 Uniforms 150 Physicals 320 General & Administrative 19,472 CTotal $ 40,826 LABOR $105,150 OPERATING EXPENSES 40,826 TOTAL COST 145,976 MANAGEMENT FEE 14,362 PRICE 160,338 STARTUP 0 TOTAL PRICE $160,338 Service Hours 7,210 Hourly Price $ 6.892 Weekly Price $2,127.77 Service Miles 110,000 Prepared by: JLP Date: 6/12/86 Checked by: Date: fo/13 Approved by: Date: COMMUNITY TRANSIT SERVICES, INC. 0 MEMO RAN D U M r TO: City Manager Mike Shelton and Council Members • FROM: Chief of Police SUBJECT: Purchase of Patrol Cars Through State Cooperative Purchase Plan DATE : July 21, 1987 RECOMMENDATION/COUNCIL ACTION REOUESTED: Authorize, by motion, the purchase of three 1987 police patrol cars in keeping with the newly adopted 1987-88 budget. BACKGROUND: Council will recall that the current budget calls for the acquisition of three replacement patrol cars . The State of California has some excess CHP cars which are ready for delivery to us upon receipt of our purchase order. These cars, although *black and white, are basically the same as those we received in June, and we' ll pay the same price as those just ordered. The three we' ll be replacing have about 100,000 miles each at this time (and they're very tired! ) . • As indicated previously, to purchase these cars from dealerships in San Luis Obispo County, our City would have to pay significantly more than the amount indicated through the State bid. FISCAL IMPACT: The police department budget calls for an expenditure of $45 , 000 . For patrol car purchasing and equipping, the purchase of these three proposed patrol cars will not exceed $37, 000. V\� RICHA D H. McHALE RHM: sb *No additional cost for standard two-tone police paint . MEETING AG7,•:DA • MEMORANDUM TO: City Council July 28, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Communication from Steven L. Cool on behalf of Don Robinson Re: Zoning Constraints on Lot 2, Block 1, Eaglet #2 RMF-4 (PD6) District BACKGROUND: The City has received the accompanying letter from Mr. Cool noting the problem that has befallen his client who owns a 5 acre lot on El Corte which has been zoned RMF-4 (PD6) as part of the zoning action for the planned development of the former Mushroom Farm property. One of the conditions of the PD rezoning is to prohibit development above the 960 foot contour line. Mr. Robinson' s property (and that of adjoining Lot owner #1) , lies above that contour line and would not be developable • under the language of the rezoning. ANALYSIS: This General Plan/rezoning action was originally initiated to apply only to parcels no. 3-10 (see attached location map) . This was later expanded to include the whole half block as an expanded study area which the applicant was desirous of purchasing. The focus of the re- zoning was to concentrate development rights from the higher eleva- tions on the property and cluster units on the buildable southwest portion of the land (refer to attached Council minutes, staff report, and Planning Commission minutes) . The purchase of Lots #1 and #2 by the applicant never occurred and, as indicated in Mr. Cool' s letter , they are interested in remedying their present inability to develop. STAFF COMMENT: Modification to the zoning pertaining to Lots #1 and #2 is clearly in order absent any acquisition of that property by Mr. Ray Bunnell who has acquired the Mushroom Farm holdings (Lots 3-10) . A meeting will be held between representatives of Lots #2 and Mr . Bunnell on July 27th, and the outcome of that will be reported verbally at Council' s meeting on July 28th. ! ! RECOMMENDATION: • Advise Mr. Cool that the City recognizes the need to adjust the zoning in the area (reversion back to the original RSF-Z - 1 1/2 to 2 1/2 acre minimums would be a clear option) , and suggest that the applicant prepare a conceptual sketch on the extent of development being sought on this steep land to be reviewed with staff. This would allow staff to determine what form the rezoning application would have to take, e.g. , (1) revise the language in the PD; (2) initiate a new PD re- flecting language discreet to the property in question; or (3) revert back to the zoning that was originally changed. HE:ps Enclosures: Location Map Communication from Steven N. Cool City Council Minutes - May 27, 1986 Staff Report to City Council - May 27, 1986 Planning Commission Minutes - March 31, 1986 Resolution No. 47-86 (General Plan Amendment) Ordinance No. 133 (Zoning Amendment) cc: Steven N. Cool , Hap Brenizer Ray Bunnell Steven A. Sweet • 2 110,044 ho� � _ Y 11 / I l l / LOCATION tt o o \ m A p i t m 100, l oNb too 1 ` \N d0 �.� 1 , /J / U 16 � w 0 �d a. �c� �80SJ.489 ��vv 7577 (9/Z�a�mpci�d ✓�eaC�. �Cr a.�ec�n i ����,o- �kcz.zde, T�a�G��oxrecc�93/s20 •�!�`G.�a..c��aG�.,�ra� July 10 , 1987 RECEIVED J U L 2 Honorable City Council City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Re : Don Robinson Property Lot 'j, Block 1 , Eaglet No. 2 Planned Development No. 6 Dear Sirs : I am writing on behalf of Mr. Don Robinson of Grover City, who owns Lot L, Block 1 , of Eaglet No. 2 , which is a 5 acre parcel located within the area of your Planned Development No. 6 . By your City ' s Ordinance No. 133 my client ' s property, along with other adjoining lots in the area , were rezoned Residential-Multiple Family with a Planned Development overlay, part of which specified an open space easement to be provided for all of those areas above the 960 foot contour line. All of Mr. Robinson ' s property is located above the 960 foot line, and therefore by the terms of the ordinance is not developable. Mr. Robinson was not one of the applicants on such rezoning, was not aware of the 960 foot open space easement provision, and at no time has had any agreement to sell his property to Acoma Corporation, the rezoning applicant . At your City Council meeting of July 28 we would like to discuss with you the following three alternative ways of correcting this problem: 1 . Remove Mr. Robinson ' s property from the Planned Development zone , and place a new zoning on it which will allow at least two units per acre. 2 . Lea$e Mr. Robinson ' s property in the Planned Development zone , but delete the 960 foot open space easement . iAtascadero City Council Re : Don Robinson Property July 10 , 1987 Page Two r 3 . Authorize a lot line adjustment for Mr. Robinson ' s property with adjoining property, so that the Robinson property could be developed in clustered units below the 960 foot contour line. Thank you in advance for your assistance in helping us work out an amicable solution in this matter. Very truly yours , STEPHEN N. COOL SNC :pce i • t my Engen, Commun. Devel. Director, gave staff report and respon to uestions from Council. Publi comment Guy Green, lanning Consultant representing the applicant - spoke i support of this request, noting that they are willing commit to plan that wil respond to the existing character of th neighborhood, without changi it, through any device the Council eems appropriate (i.e. , P.D. , cond ioned on a corresponding tentat' a map, or other) . Mike Hawkins, applica , spoke in support of t s request and would agree to assurances do away with the ssibility of future flag lots. Dennis Lockwood, 8935 Atascad o Ave. , eels this proposal would cre- ate at island. He asked for a efi ion of P.D. , to which Mr. Engen responded, explaining Planned Dev ment. Mr . Lockwood questions th way this item has progressed and feels the Lopus request encour- aged similar requests in th area. He spoke in favor of protecting people' s investments in the neral Pla Terril Graham, 6205 Cone ' Rd. , supported mments of the previous speaker and questions t e City' s public notic g practices. Mr. Enge reviewed the public n ice process. Dorothy Smith, 87 Morro Rd. , also complained abo - noticing proce dures. MOTION: By ouncilman Molina to continue this item unti after revie an expanded study area to be considered as p t of th current ' General Plan Cycle, seconded by Councilma Handshy; passed unanimously. M or Nelson and Mr . Engen clarified how public noticing will be c mplished before additional public hearings on this item. 2. Proposed General Plan Amendment 1C-85 & Zone Change 3-85 - 8555 El Corte (Lots 1-10 , Block 1, Eaglet 2) - ACOMA Corp./Poe A. Proposed Resolution 42.-.86 - Amendment to the General Plan from Low Density Single Family to Low Density Multiple Family B. Proposed Ordinance 133 - Amending the Zoning Map from Residential Single Family Medium Density to Residential Multiple Family, Four (4) Units per Acre (FIRST READING) Henry Engen, Commun. Devel. Director, gave staff report, noting that this is a combined proposal for both a GPA and PD rezone for Counci consideration. — Public Comment 3 . Bill Poe, project developer, thanked Commun. Devel. staff for the work over the past year and recommended approval of this project. He spoke in support of the project, noting that although the use of PD overlay dictates the multi-family zoning designation, this is a sin- gle-family project; Mr. Poe . responded to questions from Council, not- ing this would be an adult community. Roger Bailey, resident on Sierra Vista, said he has studied the design and concept and highly supports this project. Steve Devencenzi, representing Harold & Marvel Peterson (who own prop- erty adjacent to the proposed project site) , spoke in support of the planned development proposal but expressed concern as to how this project will relate to them; he reviewed the history of attempts by the Petersons to develop their property and hopes that Council will consider including them in the current General Plan cycle, similar to other recent decisions concerning properties in the area, to review site density issues. MOTION: By Councilman Molina to adopt Res. No. 47-86 , seconded by Councilman Handshy; passed unanimously by roll-call vote. MOTION: By Councilman Molina to read Ord. 133 by title only, second- ed by Councilman Handshy; passed unanimously. Mayor Nelson read Ord. 133 by title. MOTION: By Councilman Molina that this constitutes the first readin or Ord. 133, seconded by Councilman Handshy; passed unani- mously. Second reading will be at the first Council meeting in June. Propose Genera an Amen ment IK-86 an3 Zone Change 12- n itiated by the City of Atascadero A. Pr osed Resolution 48-86 - Amending the General lan to Provi for Lot Line Adjustment resulting in t Reduction i Size of sting Non-Conforming Lots B. Proposed Ordin e 134 - Amending Zonin Text to Establish Procedures for Lot ine Adjustments ich Result in a Reductio of Lot Size for Exis Non-Con min Lots FIRST READING Henry Engen, Commun. Devel. Direc , gave staff report. Public Comment Edward Jewell, reside who has a non-conformi lot and who'd like t make a lot line ad '. tment, spoke in support of t s proposal. MOTION: By ncilwoman Mackey to approve Res. No. 48- seconded b ncilwoman Norris; passed unanimously by roll-c vote. MOT By Councilwoman Norris to read Ord. 134 by title ly seconded by Councilwoman Mackey; passed unanimously. Ma 4 P7 �fl //A("7 M E M O R A N D U M TO: City Council May 27, 1986 I ,'- VIA: Michael Shelton, City Manager� FROM: Henry Engen, Community Development Director 4 SUBJECT: General Plan Amendment 1C-85 and Zone Change 3-85 LOCATION: 8555 E1 Corte APPLICANT: ACOMA Corporation (Bill Poe) REQUEST: To revise the existing General Plan land use map from Low Density Single Family to Low Density Multiple Family and the zoning map from RSF-Z (Residential Single Family) to RMF-4 (PD) (Residential Multiple Family, 4 units per acre, with a planned development overlay) . BACKGROUND: This matter was heard by the Planning Commission at their meeting of March 31, 1986. There was public testimony and discussion by the Com- mission concerning this matter as referenced in the attached minutes excerpt. RECOMMENDATION - Planning Commission and Staff: On a 6:0 vote, the Planning Commission recommended approval of the amendments to the general plan text and zoning ordinance text, as out- lined in attached Resolution No. 47-86 and Ordinance No. 135, respec- tively. The planned development zoning requires that a master plan of development be approved by the Planning Commission through a condi- tional use permit process. A traffic study would be required together with contributions to mitigate off-site drainage, sewage, and circula- tion impacts. /p s ATTACHMENTS: Planning Commission Staff Report - March 31, 1986 Planning Commission Minutes Excerpt - March 31, 1986 Resolution No. 47-86 Ordinance No. 133 i City of Atascadero Item: B-4 STAFF REPORT FOR: Planning Commission Meeting Date: 3/31/86 BY: Steven L. DeCamp, Senior Planner File No: GP 1C-85 and ZC 3-85 Project Address: 8555 E1 Corte SUBJECT: Request to revise the existing General Plan land use map and zoning map from Low Density Single. Family (RSF-Z) to Low Density Multiple Family (RMF-4) with a Planned Development (PD) overlay. BACKGROUND: The applicants are requesting an amendment to both the general plan land use map and the zoning ordinance text and map from low density single family to low density multiple family with a planned develop- ment overlay. This proposal was continued from the last general plan amendment cycle at the applicant' s request. Notice of public hearing was published in the Atascadero News on Fri- day, March 21, 1986 and all property owners of record located within 300 feet of the subject property were notified on • that March 20, 1986. A. LOCATION: 8555 E1 Corte (Lots 1-10, Block 1, Eaglet No. 2) B. SITUATION AND FACTS: 1. Request. . . . . . . . .. . . . . . . . . . . . .General plan and zoning ordi- nance from Low Density Single Family to Low Density Multiple Family designation. 2. Applicant. . . . . . . . . . . . . . . . . . . .ACOMA Corporation 3. Site Area. . . . . . . . . . . . . . . . . .32 acres 4. Streets. . . . . . . . . . . . . . . . . . . . . .El Corte is a paved (18-20 feet) City-maintained street 5. Zoning. . . . . . . . . . . . . . . . . . . . . .RSF-Z (Residential Single Family 1. 5 - 2. 5 acre minimum lot size) 6. Existing Use. . . . . . . . . . . . . . . . .Partially vacant/warehouse (former Mushroom Farm) 0 0 General Plan Amendment 1C-85/Zone Change 3-85 (ACOMA/Poe) 7. Adjacent Zoning and Use to. . .North: RSF-Y Entire Study Area South: Golf course (San Luis County) East: Golf course (SLO County) West: RSF-Y 8. General Plan Designation. . . . .Low Density Single Family 9. Terrain. . . . . . . . . . . . . . . . . . . . . .Flat at the lower elevations to steep at higher elevations 10. Environmental Status. . . . . . . . .Negative Declaration C. ANALYSIS: The minimum lot size in the RSF-Z zoning district is 1.5 to 2. 5, acres depending upon the site' s "score" based on various perfor- mance standards. This zone does not envision the availability of sanitary sewer service. The proposal for low density multiple family zoning would more than quadruple allowed densities in the area. There are, however, factors that tend to mitigate the ef- fects of this increased level of density. Surrounding Uses: The property to the south and to the east of the subject parcels is the Chalk Mountain Golf Course. This large expanse of open space will lessen the impact of higher densities on the adjacent parcels by maintaining low overall area densities. The parcels to the west of the subject site have been recommended by the Planning Commission for redesignation to RSF-W (10,000 square foot lots) . Although the RSF-W zone is for single family lots, the applicant' s proposed RMF-4 zoning designation would result in similar overall densities (4 units/acre) . The property would not, therefore, be an island of higher density surrounded by low density uses. Site Design: The applicant is proposing a planned residential development em- bodying significant areas of open space. The applicant has pro- posed, and an open space easement will assure, that the upper por- tion of the slopes on the site will remain open. Building heights and location on the site will be controlled to the same end. Each of these considerations will lessen the visual impacts. Public Services: Sanitary sewer service is currently available to only one of the parcels proposed for redesignation. the entire site .is, however, within the Urban Service Line and could be annexed to the sewer district. Because of the terrain on and surrounding the site, and the number of dwelling units possible, the developer will be re- quired to provide off-site sewer system improvements. These im- provements will be designed as part of the master plan of develop- ment for the site. 2 G1A (0 0 General Plan Amendment 1C-85/Zone Change 3-85 (ACOMA/Poe) Access to the site from El Camino Real via La Linia Avenue, Cas- cada Road and/or Arcade Road is of concern to staff. Each of these roads is paved but narrow. Traffic flows are currently light and adequate capacity exits for some additional development. The cumulative impact of this project and others approved in sur- rounding areas must be considered, however . The recommended re- designation of adjacent areas for 10, 000 square foot lots could result in an excess of eighty-five (85) new lots. Not all of these potential new lots would impact the roads mentioned here, but when added to the seventy-two (72) dwelling units proposed by the applicant in the RMF-4 zone, impacts could be of concern. This issue could be addressed by requiring a master plan of devel- opment with appropriate offsite improvement requirements identi- fied and imposed. These may include, but not be limited to, street, drainage, and sewer system improvements. A related issue to that discussed above is the question of access from this site and surrounding areas onto E1 Camino Real. Traffic generated by build-out of the area between E1 Camino Real and the golf course could trigger the need for a traffic signal at one of the side streets and E1 Camino Real. This site' s contribution to future traffic loads will be identified in a circulation proposed to be completed as part of the master plan of development prior to building permit applications. Appropriate fees will be levied prior to the eventual issuance of building permits. . A redesignation of the affected property to low density multiple family would allow for development that appears to be appropriate for the site. The preparation of a master plan of development will provide an opportunity to assure design which is suitable for the neighborhood and which assures that the development contrib- utes its fair share to necessary neighborhood improvements. D. RECOMMENDATION: Staff recommends approval of General Plan Amendment 1C-85 and Zone Change 3-85 based on the findings contained in Exhibits E and F. SLD:ps ATTACHMENTS: Exhibit A - Location Map Exhibit B - Existing General Plan Map Exhibit C - Existing Zoning Map Exhibit D - Site Plan Exhibit E - Draft Resolution Exhibit F - Draft Ordinance Exhibit G - Supplemental Statement 3 S` 49 qhs:. X111\\1�u���,�.•, MIN, ,.e,, '� �tUn ..; l�l��/,,+•�_e �"!i�;j ice•. ark RSIIII�•���A yiii'•gq� :� s �_��i�l� .. • '►•,�. . p� •. viii ///// �;' •e Wiz• ��I�►�� s.. 1��.•.ti-. owe:: ♦ � ��� \� �il/I 11 o♦ . � M ••,�;;• �/;�/;.,i=ce��••.:�%'-•''��di:��� � ',�� ��e\,��r� �1 I'' �. � •�? wee$.oma' ---ft�- so I TA • ®ill�siis `moi \► "Ong was C1 - `i1 •►,i� r ` EXHIBIT C EXISTING ZONING MAP 63 Oft•[ '�• P�- 2 a ��]. G.e�9 w•r ey, •a• S�• •.la til /�. �Ib � SITE ZC 3-85 j • •i1` �;'f ;- .>/ .. , / 8555 EL CORTE •�� •'1 .liri 11 es CF Ili yl L>•D� h\�'�.� � � ' :', ., r'f• '•% •r' �`�"y,. � •. q.�' ,,�+.� a N` :.:.1.t. ��3 F• ` ;. P� NQS ti' \.o"�•L, •'taw'° -e y� }. • x t ? S ws N45- s 1-8 ,S, �A�t t: •log Is ••'•ez's �1: �n i w C .. • _ , 5�� v .•� Flo7 x>s•• �b ]\:♦' X14 F .13 • 4. p 1.79 'b.• x7.•` - ♦ �. � IV ♦ IS 'r ♦. - ,GW,9F7 oal J •3 3 28 •` 1•aL�$ ~ \� b •%.��' Lk • • P ♦�Z�^9 o•.y� n' � "rr, "2,•!�, ,r s•••za-��. 5~tee~• •i • ' 7���.�' Yt` \'wv� •/�/11 4 ..�j/ nit SO •�. r• i � mei►:•` `qR p� �f a �Y _ .d` "'� ' D8•' �^a-3•'''�°, a��yLs 4 4,,4� `a r:� ♦ 34 • .,�.]os � Is avr s" 1e Iry� '.;. \ 16 5 a � ') r C.•a•aw . c\ 1 v+j ,.K r• r.5•a�' • • 'op�\ L•/ri 5 .`pYa eO - i (� Tti� ��,,�4s�:�t►r r � U� S•� '.7 a;r it �u`�11�/lr.V.• �{it �� :Yw1 \Y ��fc t lr 1 41 E-1 a pq Exhibit G General Plan Amendment and Zone Change RSY-Z to RSY-POD 4 • 8555 E1 Corte Road Adult Plan Unit Development: The idea of this project is to provide an alternative environment for active adults. Designed by Barry Berkus AIA, founder and president of Berkus Group Architects, a national firm of architects and planners with headquarters in Santa Barbara, Newport Beach, and Washington D.C. Lifestyle is the key word for this planned unit development,,-a retiree who doesn't feel like retiring. The idea for this project was taken from his Leisure Village Ocean Hills, the 1985 Gold Nugget Award of Merit for the best low density development. The site plan was cautiously laid out to take advantage-of the views of -Chalk Mountain Golf Course and the distant Santa Lucia Range, yet it doesn't impose on the hillside. Using open space and a height limitation (approximately 960') means almost 65% of this development will be landscaped, common area or open space. With the abandonment of La Linia and a stucco wall along E1 Corte, the development creates its own environment within. One entrance and cart access to the golf course helps to accentuate this. This is the same effect Berkus created with Leisure Village. The Spanish style stucco and tile roofs make one think of a small Mediterranean hillside village. This project will be a compliment to the neighborhood and a welcome addition to one of Atascadero's most beautiful assets, Chalk Mountain Golf Course. THIS PROJECT IS PRESENTED BY ACOMA CORPORATION Bill Poe • President 00 Minutes - Planning Commission--=-_March 31, 1986 n d for nursing homes and explained the procedures in app ing to he State Office of Health, Planning, and Developmen which contr the amount of certificates which will be issu She explain d an application she has submitted to the Cit and would hope that each nursing home could be judged on its ow merits and compatibili with the neighborhood. She furthe explained the difficulties he would encounter with the update language pro- posed. Mr. En n elaborated on this. There was discuss* concerning institution ized uses and the appropriate locatio s for these. It was oted that this section should be looked at f future long-rang nursing requests. Mrs. Young felt that if t 's more re ricted wording is adopted and another project is su itted or senior citizen housing, how can one refer back to the nu i home section and justify a different recommendation sine this specifically says "nursing homes. " Mr. Engen felt that a ."pe sons-per-a e" language is a good way of establishing impact on e land for sp ial kinds of uses which would include nursing omes. Further di cussion ensued. Mr. Engen suggested hat in the last se ce of the "Nursing Homes" section, t t reference to "single fa ily" be deleted from the proposed la uage in the last sentence. MOTION: Ma by Chairman LaPrade, seconded by Co issioner Bond d carried unanimously with a roll 11 vote to recommend approval of General Plan Amendme t 1M-86 with the suggested amendment to the section on nu ing homes and institutional uses. airman Laprade called a recess at 9 :01 p.m. Meeting reco vened at 9: 11 p.m. 4. General Plan Amendment 1C-85 and Zone Change 3-85 : Request initiated by ACOMA Corporation (Bill Poe, represen- tative) to revise the existing General Plan land use map and zoning map from Low Density Single Family (RSF-Z) to Low Den- sity Multiple Family (RMF-4) with a Planned Development (PD) overlay. Subject property is located at 8555 El Corte, also known as Lots 1-10 , Block 1, Eaglet No. 2. Mr . DeCamp presented the staff report and noted a copy of the pro- ject' s site plan and elevations which was distributed to the Com- mission, and proceeded to summarize the background involved with this application, which had been continued from the previous gen- eral plan cycle at the applicant' s request. Items addressed in- cluded surrounding uses, site design, and public services. It was also pointed out that a significant portion of the site would remain in open space, and the proposed master plan of development was explained. 5 Lc Minutes - Planning Commission---mareh 3"1, 1986 Commissioner Bond asked for clarification on how access would be provided for the project. Bill Poe, applicant, thanked staff for the recommendation on this project, and spoke in support of approval. He stated he was aware of the restrictions that will be imposed _during the development process. With regard to Solano Road, Mr . Poe stated it was his understanding that the abandonment of Solano would hinge on the improvement of La Linia between the Peterson property (on E1 Dor- ado) and DeCou Lumber and noted that it was not really a closing of an access for his project to El Camino Real. Bill Remple, 8475 El Dorado, expressed his opposition to the pro- posed project because of the large scale and the poor roadways leading to the site. Mr. Remple cited the previous Commission recommendations for approval of the Peterson and Lindsey general plan and zone change amendments which would result in large pro- jects as well, and felt that all three of these are to be devel- oped, a very large impact will result on the neighborhood. He felt that if the density is going to be changed, then the neigh- borhood aspects should be upgraded along with the increased density. William Anderson, Palomar resident, stated his residence adjoins the back of the subject site, and felt that this proposal along with the Lindsey and Peterson proposals are in opposition to the rural nature as set forth in the general plan. Mr. Poe pointed out that this particular application was submitted well over a year ago, and before the other two proposals were applied for . Barbara Reiter noted she likes the idea of planned unit develop- ments but does not agree with the proposed density. She felt that the City does not need to rezone any more property from single family to multiple family. Chairman LaPrade clarified the reasoning for the proposed RMF-4 zoning. Commissioner Bond stated he had viewed the site and had discovered that no oak trees were proposed for removal during the development of the site. Mr. Poe showed an overhead exhibit of the proposed development and proceeded to explain the phasing of the project, and explained the purpose that the planned unit development would serve. Commissioner Hatchell noted staff has done a good job in analyzing the needs of the neighborhood and addressed some general comments about the project. 6 " .(0 e Minutes - Planning Commissiohi--t­March 31, 1986 Chairman LaPrade commented on the planned unit development concept and felt the project has merit and will be an asset to the community. Commissioner Michielssen talked about the improvements that will be required in order to mitigate traffic problems in the area. In response to question from Commissioner Michielssen, Mr . DeCamp responded to questions concerning the types of conditions which will be placed on the development of the. project. There was some discussion concerning the site's existing use. Commissioner Michielssen inquired about Lots 1 and 2 which adjoin the subject property and asked if these lots would be added to the project. Mr. DeCamp noted that eventual development of the lots should occur, following public hearing, under the same master plan of development for the entire site and stated the applicant has been in contact with the owners of those properties with the po- tential of purchasing them to add to the rest of the project. MOTION: Made by Commissioner Bond, seconded by Commissioner Nolan and carried unanimously with a roll call vote to recommend approval of General Plan Amendment 1C-85 and Zone Change 3-85 as recommended in the staff report. C. PUBLI COMMENT There was public comment at this time. D. INDIVIDUAL ACTIO_ D OR DETERMINATION 1. Planning Commissi n Commissioner Bond pointed t that Ata adero Ford is again park- ing their display cars alo the s pe to the rear of their site which was supposed to be for la ds ping only. Mr . Moses respon- ded that several inquiries hav een received to this regard and that staff is working with the gen to correct this problem. Commissioner Bond also com nted on a noise generated from the loud speakers and asked if nything has een done to alleviate this. Mr. Moses expl ned that the zon g ordinance contains a standard with regard t noise set per decibe er a time period during the day. Ho ver , the City does not ha at this time, a decibel meter . a. Considera ion of City-wide study of multi-family oning and possib redesignation to single family residential ith den- sity anges from 4-8 parcels per acre (Michielssen) Mr . E en addressed the joint City Council/Planning Commiss ' n 7 3 RESOLUTION NO. 47-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF _ ATASCADERO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP CHANGING THE LAND USE DESIGNATION , OF LOTS 1-10, BLOCK 1, EAGLET 2 FROM LOW DENSITY SINGLE FAMILY TO LOW DENSITY MULTIPLE FAMILY (GENERAL PLAN AMENDMENT 1C-85: ACOMA CORPORATION) WHEREAS, a request to amend the City of Atascadero General Plan has been received as follows: General Plan Amendment 1C-85: Request submitted by ACOMA Corporation to change the General Plan Land Use map designation from Low Density Single Family Residen- tial to Low Density Multiple Family. Subject property is Lots 1-10, Block 1, Eaglet 2. Negative Declaration to the provisions of CEQA is to be certified. WHEREAS, this request was considered by the Planning Commission at a hearing held on March 31, 1986 and was recommended for approval; and WHEREAS, such amendment to the General Plan was considered by the City Council during a public hearing; and WHEREAS, Government Code Section 65323 provides that a General . Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. A general plan land use designation of Low Density Multiple Family is consistent with the policies of the General Plan. 2. The proposed general plan amendment will not have a signifi- cant adverse impact upon the environment. The Negative Dec- laration prepared for the project is adequate. NOW, THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment 1C-85 (Acoma Corporation) to change the 1980 Atscadero General Plan Land Use Map as shown on the attached Exhibit A entitled GP 1C-85, Lots 1-10 , Block 1, Eaglet 2. On motion by COUNCILMAN MOLINA and seconded by COUNCILMAN _ HANDSITY , the resolution was approved by the following roll call vote: AYES: COUNCILMEMBERS HANDSITY, MACKEY, MOLINA, NORRIS & MAYOR NELSON C,: W,(RES. NO. 47-86 , P9 NOES: NONE ABSENT: NONE DATE ADOPTED: 5/27/86 CITY OF SCADERO, ALIFORNIA By ROLFE ELS N, Mayor 'ATTEST: ROB RT M. JONES, City Clerk 1.1 :1 APPRO AS TO CONTENT: r M C L H L ON, ty Manager APPRO S TO FORM: s� ROBERT M. JON-81S, City Attorney PREPARED BY: 4Avn2�nn HENRY ENGE , Com ity Development Director �1 ,r. and ';ln • GENE-RAL PLAN MAP � ! ® 9 9 B A 6 6 • � 8 � m • A 4 8 � ® � m m _ �� .� m ® m s s �m • ® 4 s ® m s LAND , CIRCULATION HIGH ' HEAVY COMMERCIAL88 AGRICULTURE • •• • U DENS.i HIGH RECREATION MOD.DENS. SNGL. FAM. SPECIAL COMMERCIAL ARTERIAL DIV LOW DENS. $$888$ PROFESSIONAL OFFICE ARTERIALCOLLECTORS UNDIVIDED CITY BOUNDARY ORDINANCE NO. 133 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 19 OF OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO AND AMENDING THE OFFICIAL ZONING ORDINANCE TEXT BY REZONING CERTAIN PROPERTY KNOWN AS LOTS 1-10; BLOCK 1, EAGLET 2, FROM RSF-Y (RESIDENTIAL SINGLE FAMILY - MEDIUM DENSITY) TO RMF-4 (PD6) (RESIDENTIAL MULTIPLE FAMILY - FOUR UNITS PER ACRE - PLANNED DEVELOPMENT NO. 6) (ZC 3-85: ACOMA CORPORATION) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning reg- ulations; and WHEREAS, the proposed amendment will not have a significant ad- verse effect upon the environment. A Negative Declaration has been prepared on the project. 0 WHEREAS, the Atascadero Planning Commission held a public hearing on March 31, 1986 and has recommended approval of Zoning Ordinance Change 3-85. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use - and zoning. 2. The proposal is consistent with the General Plan. 3. The proposal will not result in any significant adverse en- vironmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Map Number 19 of the Official Zoning Maps of the City of Atasca- dero on file in the City Community Development Department is hereby amended to reclassify Lots 1-10, Block 1; Eaglet 2 as shown on at- tached Exhibit "A" which is hereby made a part of this ordinance by reference. Section 3. Zoning Text Change. Zoning Ordinance Text Amendment 3-85 is approved to change the text of the Zoning Ordinance to read as follows: 1. Section 9-3.650 is added to the Planned Development Overlay Zones to read as follows: 9-3.650. Establishment of Planned Development Overlay Zone No. 6 (PD6) . The Planned Development Overlay Zone No. 6 is established as shown on the official zoning maps (Sec- tion 9-1.102) . The following development standards are established: a) Approval of a conditional use permit reflecting a master plan of development for a residential development and related uses shall be required prior to approving a grading permit, or tentative parcel or tract map. The master plan of development shall be applied for and pro- cessed as a conditional use permit (Section 9-2.109) . b) In approving a master plan of development, the level of processing for subsequent projects or phases may be re- duced to a plot plan provided that the master plan con- tains sufficient detail to support such a determination. c) No subsequent plot plan, precise plan, conditional use permit, or tentative parcel or tract map shall be ap- proved unless found to be consistent with the approved master plan of development. Any amendment to a master plan of development, including conditions thereof, shall be accomplished as set forth in Subsection (a) of this Section. d) Building height shall be limited to thirty (30) feet (not to exceed two stories) . e) An open space easement shall be provided for those areas above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series) . f) No portion of an*Astructure, excepted as provided in Section 9-4.113 of the Zoning Ordinance, shall be exten- ded above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minutes series) . g) A master plan of development prepared pursuant to this Section shall include a traffic analysis and circulation study, including analysis of ingress and egress to the area originating/terminating at El Camino Real. h) No development shall occur prior to the extension of sewer service to each lot, parcel, or building site pro- posed for development. i) The developer or applicant for development entitlement shall contribute a fair share of the cost of required off-site drainage, sewage, and circulation improvements as identified in the master plan of development and as required by the -City Engineer. Section 4. 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 this City in accordance with Government Code Section 36933; shall cer- tify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the thirty-first (31st) day after its passage. On motion by COUNCILMAN MOLINA and seconded by COUNCIL- WOMAN NORRIS , the foregoing ordinance is ' hereby adopted in its entirety by the following roll call vote: AYES: COUNCILMEMBERS MACKEY, MOLINA, NORRIS AND MAYOR NELSON NOES: NONE ABSENT: COUNCILMAN HANDSITY DATE ADOPTED: 6/9/86 CITY OF ATASCADERO, CALIFORNIA _ BY: 99Ly✓ ROLFE D. NELSON, Mayor ES.T ROBERT -JONES, City Clerk APP RO A TO CONTENT: v� MICHAEL SHELTON, City Manager — 0 APPR D TO ONTENT: ROBER M. JON , City Attorney PREPARED BY: HENRY ENGIIN, Com ty Development Director ORDINANCE l 133 EX�1�)i A ZONE CHANGE- 3-85 AGOMA GorPova�lon SSSS G( Go✓••-� 131 11 %Jf L c••1"� t—l O i s �., r. Y 4 3 s r .��V a•, d vI li'b'♦y .� � � ,{ 1. .yam / . _ - M•. _tea ",),' 4k. Z�•, r 9$ .•' `.j • . .. •.,•e •�' .IL' Tit . •ib � 'r •Qe �•.�- / erTz �iry �� Vis•.' tJA ,w.• �V •~ ° P'lF ,;; PA 4 .�. 4-0 .,. st• ''o'O , i �'J,••♦ \3, ' •,,psi•;r^+, 41 '+`'4 ��•a I RIIA - -4 (FD •• sH �frl rnQG s,•+LJ• •�• e► e� R i ' /V(Vll�14 FAm t �tJ Four ,I' s - s `� •> ••�t • 7 a U N 1-GS • +°,• _=�•'`` Ian o. r is r,♦ • '•+ •' '. ZIVIV�iLG� �d�lL l t��Qrb1T �o J �± `y P-4 '•.t� ,/►� Mtn\ !\�' - � � 3.4,.• .t c r,0.,�•�' •' • 1;` • _' • � �' '' •r/ ::�'�- :�+ � .:�s-.F,a- to ��- � • Q�'y r, .rte^.':\ �.- ,r.,. 1.,. :,�' a rg 1" t a+•• ' .?u _•*Fir -A .s 4"tb .r •p 4'} yL<'� o+••s 1 a j�n"�4n � L- Y ���'�� }. Sr- ' + ^tet P ti• •: .a j- i• .v4s • 3 �• iia MF- 1 rf a,l�� L` •• •b�. r tat 4sfi• s .. .•.N.. 34 Y. a ♦ CO7T�J7��° uy w :`: 23: s • ��-$ 10.A �d ., 26`• tit +11 L W 's^,' ��./v �p •� R 1 uri...,�.. a, Z`:;a � Ali FIs ' 4`.• Y• ' ,•y•q``' •1 IT i 2• 'Iefrj �Cq�Ct.�\'-,.`s • • „�'rr4� +n:.',�•�", s'�e� T ws S 6° .\• r• OETING +iAGENDA DATE 7 `S 7 ITEM • MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sensibaugh, Director of Public Works SUBJECT : Maintenance District Assessment - Falda Avenue DATE: July 21 , 1987 Recommendation : Staff recommends that Council approve the attached Resolution setting the assessment amount for the Street Maintenance District 86-1 : Falda Avenue . Background: • This special district was formed in 1986 for the purpose of surfacing Falda Avenue . During the formation process there was some confusion regarding when the property owners would be billed for the improvements . Because of this , the majority of the property owners paid the assessment with the 1986-87 property taxes while the remaining property owners requested postponing the charge until the 1987-88 property tax year . Council has been provided with two alternatives for Exhibit A to the attached resolution . The first alternative includes the administrative fee should Council choose not to waive this charge . The difference in the billing amount is due to the administrative fee that inadvertantly had not been charged to the property owners that paid their assessment in fiscal year 1986-87 . The second alternative is to waive the administrative fee and in this instance only those who did not pay their assessment last fiscal year are being billed actual .construction costs only . Fiscal Impact : The resurfacing was accomplished with the 1987 Overlay Project and the contractor has been paid . The collection of these assessments will reimburse the account established for funding maintenance districts during the period between paying the contractor and collecting the assessments . i RESOLUTION NO. 80-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5820-5856) MAINTENANCE DISTRICT 86-1 FALDA ROAD WHEREAS, Maintenance District 86-1 : Falda Road was established by Council on July 28, 1986 under the provisions of the Streets and Highways Code of the State of California; and WHEREAS, improvements were completed in conjunction with the 1987 Street Resurfacing Project ; and WHEREAS, certain property owners have paid their portion of the assessment with the 1986-87 property tax billing; and WHEREAS, certain property owners have chosen to • pay their portion of the assessment with the 1987-88 property taxes billing; NOW THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of Atascadero as follows : Section 1 . The above recitals are true and correct . Section 2 . The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing on the 1st day of July, 1987, and ending on the 30th day of June, 1987 . Section 3 . The assessment set forth in Exhibit "A" , attached, is hereby confirmed and adopted by this Council . 0 Section 4 . The works of improvement described in the Resolution of Intention have been performed pursuant to law, and the County auditor shall enter on the County Assessment Roll , the amount of the assessment , and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of the City . Section S . The City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of the resolution and law into a special fund previously established known as "City of Atascadero Maintenance District 86-1 : Falda Road" , said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer , Section 6 . The City Clerk is hereby ordered and directed to file a certified copy of the assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption . Section 7 . The City Clerk is hereby furter ordered and directed to file a certified copy of the assessment roll with the County Tax Collector, together with a certified copy of the Resolution upon its adoption . Section 8 . A certified copy of the assessment shall be filed in the office of the Public Works Director , with a duplicate copy on file in the office of the City Clerk and open to the public for inspection . Section 12 . Any parcels or lots of land known as public property , as the same is defined in Section 22663 of Division 15 Part- 2 of the Streets and Highways Code which are included within the boundaries of the District , shall be omitted and exempt from any assessment made under these proceedings . ! • On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote : AYES: NOES: ABSENT: ADOPTED: ATTEST: BOYD C . SHARITZ, City Clerk - BARBARA NORRIS,Mayor~ APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Dir , of Public Works EXHIBIT A TO RES. 80-87 SHOULD COUNCIL CHOOSE NOT TO WAIVE THE ADMINISTRATIVE FEE Assessor's Number Property Owner 49-301-04 Peterson 4640 San Anselmo Atascadero, CA 93422 49-301-17 $870.00 Dicky 10440 Culver Culver City, CA 90230 49-301-07 $ 79.00 Smith 3855 Falda Avenue Atascadero, CA 93422 49-301-08 $870.00 Messer 7450 Morro Road Atascadero, CA 93422 49-301-21 $ 79.00 Moze 202 Lomo Road San Carlos, CA 49-301-20 $ 79.00 Burt 3650 Amargon Atascadero 49-302-34 $870.00 Thompson 3580 Falda Avenue Atascadero, CA 49-302-35 $ 79.00 Fernandez 3650 Falda Avenue Atascadero, CA 93422 49-302-10 $ 79.00 Mora 3720 Falda Avenue Atascadero, CA 93422 49-302-06 $ 79.00 Rominger 3860 Falda Avenue Atascadero, CA 93422 49-302-07 $ 79.00 Drew 3790 Falda Avenue Atascadero, CA 93422 49-302-01 $ 79.00 Duty 4650 San Anselmo Atascadero, CA EXHIBIT A TO RES. 80*7 SHOULD COUNCIL CHOOSE TO WAIVE THE 10% ADMINISTRATIVE FEE FOR MAINTENANCE DISTRICTS Assessor's Number Owner 49-301-04 791.00 Peterson 4640 San Anselmo Atascadero, CA 93422 49-301-17 791.00 Dicky 10440 Culver Culver City, CA 90230 49-301-08 791.00 Messer 7450 Morro Road Atascadero, CA 93422 49-302-34 791.00 Thompson 3580 Falda Avenue Atascadero, CA 93422 AT /-7800, --- _ - �� X9.0 7'_x,,,9 oars _ 1 a��sYy. sG .. .._ I ...... . -.......- . ina y 19' ---------- Tra777-a /,1 "1 9 l Polo- COS T. i I DATEii� #MW M E M O R A N D U M • TO: City Council July 28, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Freeway Sign Policy BACKGROUND: Several members of the Council have expressed concerns over freeway sign construction in the City. Freeway identifications signs are de- fined as "an on-site sign permitted for a highway-oriented use" in the Zoning Ordinance. The purpose of this memorandum is to outline the City's procedures with respect to freeway signs. GENERAL PLAN REFERENCES: The General Plan contains the following language with respect to • signage: "The key to optimum commercial development in Atascadero is: . . . (4) Location of highway businesses near key freeway accesses. " "Commercial uses shall be developed in clusters to encourage con- centrations of compatible retail trade service. Each cluster shall be developed in a coordinated architectural design. The signing and identification of the stores in each cluster shall be combined, thus reducing the confusing clutter . " "Tourist commercial provides for uses that serve the traveling public such as motels, restaurants, and automotive services. These services are properly located at intersections of major inter-community routes where permanent access are constructed and which have some high aesthetic value. " "Development of these areas shall relate strictly to the environ- mental and aesthetic principles suggested in the Atascadero policy statement and outlined in the Community Appearance chapter of this Plan. " "The appearance of the community along U.S. Highway 101 from Santa Barbara Road to San Ramon Road and along the Morro Road section of Highway 41 needs to be improved. This can be accomplished by: . (a) Effective landscaping, using native shrubs, to screen land uses from the highway. (b) Banning-off premises outdoor advertising signs along these corridors. " . "Outdoor advertising signs shall be eliminated along freeways and major highways. " "Freeway and other. vehicular approaches to Atascadero shall be made more attractive through judicious application of the elements of landscaping and site development (i.e. , setbacks, building location, signs, vacant space) . " "Signing: Well designed and maintained signs properly related to the activities to which they pertain, are a necessary part of the community. Proper use of color, materials, and lighting, compatible with the surrounding area, is important. (a) Signing shall be in harmony with community standards, as applied to each development. (d) Lighting of signing shall be constant and be directed or shielded so as to not interfere with pedestrian or vehicular movement. (f) Off-site commercial signing shall not be permitted. " The City' s Appearance Review Manual sets criteria for signage but makes no specific mention of freeway signs. Criteria applicable to all signs calls for proper proportion, design as an integral architec- tural element of a project to which it relates, "colors, materials, and lighting, every sign shall be restrained and harmonious with the building and site to which it ,principally relates" , minimizing number of graphic elements, "each sign shall be compatible with signs on ad- joining premises and not compete for attention" , and a requirement that standard corporate logos conform to community sign criteria. EXISTING ZONING PROVISIONS: "The Sign Ordinance" is contained in the City' s Zoning Regulations (see attached excerpt). " Highway identification signs or freeway iden- tification signs are permitted as a conditional use permit at the dis- cretion of the Planning Commission. Such signs may be up to 125 square feet in area and up to 50 feet above grade subject to criteria contained in the zoning ordinance which is rather general as to type of signage permitted. Special factors to be considered for freeway identification signs are noted in Section 9-4.130 . The purposes for signing are noted as: (1) for identifying businesses, (2) serve as information bases, and (3) insure the safety of the general public by not creating distractions. In the earlier days following incorporation, freeway sign approvals were generally limited to signage identifying travel-oriented busi- • nesses such as restaurants, motels, and gas stations. In recent years, the Planning Commission has taken a more liberal view and ap- 2 0 0 proved freeway signage for such uses as a transmission shop, auto body shop, auto dealer, boat servicing facility, and general merchandise store. Staff has as a special study project the comprehensive re-write of the City's sign provisions. Should the Council have a special concern for the freeway signage, it could initiate a zoning amendment to re-write freeway sign language to tighten the types of signage which can be approved along the freeway. This would require review and public hearing by the Planning Commission with the matter brought back to the City Council for action. RECOMMENDATION: Following Council discussion, initiate a zoning text amendment rela- tive to freeway signage with direction as to sign criteria desired. ALTERNATIVE: Following discussion, direct staff to incorporate new freeway sign criteria in its comprehensive re-write of the zoning ordinance' s sign provisions. HE:ps Enclosure: Zoning Excerpt - Freeway Signs 3 _LLZ 0 N 1 NP _ FASS MAY ADOPTED JUNE 27, 1983 —_JS 1614 enclosed, as follows: (a) Sign Faces Counted: Where a sign has two faces containing sign copy, which are oriented back to back and separated by not more than 36 inches at any point, the area of the sign shall be measured using one sign face only. (b) Wall Mounted Letters: Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest single rectangle within which all letters and words can be enclosed. (c) Three-Dimensional Signs: Where a sign consists of \one or more three-dimensional objects such as balls, cubes, clusters of objects, or sculptural or statue-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen. 9-4.134. Sign Design Standards: The following signs are allowed subject to approval of a sign permit (Section 9-4.132a) in addition to any exempt signs specified in Section 9-4.132b. (a) Commercial and industrial zones: The following signs are allowed in the CR, CP, CN, CT, CS, CPK, IP, and I Zones, pro- vided that the aggregate area of signs per site is not to exceed 100 square feet, unless authorized under Subsections d, f, or g of this Section. (1) One wall sign for each business or tenant, with an area equivalent to 150 of the building face, for each build- ing face having a public entrance, up to a maximum of 80 square feet. (2) One suspended sign with a maximum area of 10 square feet for each business or tenant. (3) One free-standing or monument sign for each 300 lineal feet of site frontage or portion thereof, with a maxi- mum a rea_ of_._40__square feet and a_maximum height not to Vk exceed 10_feet, except__for shopping, office and indus- trial complexes which are subject to Subsection d of this Section. (4) Shopping, office or industrial complex identification signing, where allowed by Subsection d of this Section. 5 Highway identification signing, where allowed by Sub- section e of this section. _ 3 �b 4-41 0 0 ADOPTED JUNE 27, 1983 (b) Recreation and Public Zones: The following signs are al- lowed in the L, LS and P Zones, provided that the aggregate area of signs per site is not to exceed 100 square feet un- less authorized pursuant to Subsection g of this Section. (1) One wall sign for each business or tenant with an area equivalent to 10% of the building face, for each build- ing face having a public entrance, up to a maximum of 50 square feet. (2) One suspended sign with a maximum area of 10 square feet for each business or tenant. (3) One monument sign for each business or tenant with a maximum area of 32 square feet and a maximum height of five feet. (c) Commercial or Public Assembly Uses in Other Zones: Where commercial or public assembly uses (churches, sports facili- ties, etc. ) are located in the Agriculture or residential zones, signing is allowed as set forth in Subsection b of this Section- unless modified through Conditional Use Permit approval in accordance with Subsection g of this Section. (d) Shopping, Office or Industrial Complex Identification Signing: Such complexes with five or more separate uses or tenancies on a single site sharing common driveways and park- ing areas are allowed one common identification sign, with a maximum sign area of 60 square feet and with a maximum height of 10 feet. Where visible from a public street, signing on shopping center sites shall be of a uniform design, through- out the center as to the size, finished framing materials and location on buildings on such siq ns. Thr o,ojor)w1 xa,44 7�.,ao�e-7 Mc !tv is M� W 6iL h* tl� ,4-4 TO?�f�+iJN{j j d t Gy 1.0.�� f,,�, Cni►7r� 1a hov(s)J•r wr"z-j-, G �i , I !r a�i.I rC} (e) Community Identification Si ns: Community identification signs are allowed on arterial streets entering the City, with a maximum area of 50 square feet and a maximum height of 12 feet. Such signing may include the name of the community, slogans or mottos, names of civic or religious organizations, but no names of businesses or commercial products. (f) Freewav Identification Si ns: In addition to signs allowed u sec ion a ot this Section sites located in the R , and CPK Zones adjacent to Hi2hway T01 ora Highway 10 ron age road may be authorized through Conditional ermi ap rova o use an onsite freewav identification sign witn a maximum area not to exceed 125 s e maximum height or reewav identification signs is to bg 50 teet above grade, provided that the Planning Commission May reg ire a reduced height where deemed appropriate In reviewing a Conditional Use Permit, the following factors snail e considered: 4-42 • 0 ADOPTED JUNE 27, 1983 (i) The type of commercial activity requesting the signing and the need for such signing based on -the purposes set forth in Section 9-4. 130 ; an (ii) The opportunity to combine signs for more than one use on the same sign pole; and (iii) The availability of other ty2es of signing along e reeway; and (iv) The sign area and hei ht needed to achieve adecruate visibility along the freeway due t,�;a�, locations and grade differences. (g) Exceptions to Sign Area Standards: The sign area limita- tions of Subsections a through f of this Section may be Gu/� modified, increased or decreased by the Planning Commission through approval of a Conditional Use Permit. 9-4.135. Sign Construction Standards: The design and construc- tion of signs is to be in accordance with the Uniform Sign Code, and the following: (a) Lighting: Signs shall be indirectly lighted by contin- uous, stationary, shielded light sources, directed solely at the sign, or internal to it. (b) Location: In residential districts, signs shall not be located closer than five feet to any property line except name and address signs in the front yard. 9-4.136. Sign Maintenance Regiuired: All signs are to be proper- ly maintained in a safe and legible condition at all times. In the went that a use having signing is discontinued for a period exceed- ing six months, all signs identifying the use and associated struc- tures shall be removed from the site, or in the case of painted signs, painted out. Signing which is not in conformity with the pro- visions of these Sections is subject to Section 9-7. 109 (Nonconform- ing Signs) . 9-4. 137. Exterior Lighting: The standards of this Section are applicable to all outdoor night-lighting sources installed after the effective date of this Title, except for street lights located within public rights-of-way and all uses established in the Agriculture zone. An electrical permit may be required by Title 8. (a) Illumination Only: Outdoor lighting shall be used for the purpose of illumination only and shall not be designed for or used as an advertising display, except as provided by Sec- tions 9-4. 130 et. seq. (Signing) . 4-43 i