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:
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* 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
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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
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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
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(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
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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
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"-City Manager
City Clerk
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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� 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
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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
•
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•
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
•
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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
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�,-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 '
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C4 CAM/N O `---R L 7401 CG CAML�O aCA( Dalrff
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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
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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
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ZONING FROM �*
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a • 'fa =i a'� •'�; �• ')...; .4.r ,, F. 7-87 (MESSER)
•'� •° ��,, ,� ~ 9255 EL CAMINO REAL
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„ �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
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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. JORGENSEN, City Attorney
PREPARED BY:
MICHAEL HICKS , Fire Chief
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` COUNTY OF SAO ;IS OBISPO - AUDITOR-CONTROLLV 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
a00 jcj<'� G 1 aooo A� I � d
o31d9000 c-
alp II q, / G3 ) 00 0c
L�25 11 '5101-710 10 101 1 1 1 1 1 (f 1-7
1 `JO 100
) 1-71 A d Al, 'A I glo 100
7 � P 1<3 1 P I'51q 111.310o b I I I 1 1 161710
C 15 31 I l Iq I l 100 k' I 1 1 13131 , C, r
17a � a < 31 13 o h I I 1 1101 . d
/ 7 �z6 P 1'-� 3s0001 1 1 /it, le 1 . g ��
Irl 1 3 -�:) 3 000 I J I I Isl�' i u �
1 7 � �
L)J'� 33 icy o00 � c , �t
• Atascadero Fire Dept.
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 •
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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
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EXISTING ZONING MAP
63
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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 •
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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
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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,
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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) .
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