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Agenda Packet 07/14/1987
*CINDY WILKINS DEPUTY CITY CLERK ** NOTE: THERE WILL BE A CITY COUNCIL CLOSED SESSION AT 6 :00 P.M. IN THE FOURTH FLOOR CLUB ROOM REGARDING NEGOTIATIONS. A G E N D A ATASCADERO CITY COUNCIL ATASCADERO ADMINISTRATION BUILDING Fourth Floor Rotunda Room July 14, 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 Invocation Roll Call City Council Comment ** Presentation of Acknowledgement Plaque to Council Member Marjorie Mackey for Holding Mayor Title from June, 1986 through June, 1987. (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: • * 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 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 - Ebhardt/ Volbrecht Surveys 4. Approval of Tentative Parcel Map 22-87 - 8635 Coromar Subdivision 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 Conformance with Established Planned Development Overlay Zone Allowing for a Four Lot Subdivision California Manor/Young `6., Acceptance of Final Parcel Map 8-86 - 8460 Morro Road - Heely/ Moore t`t Authorization for Mayor to Enter into Annual Lease Agreement with: A. Richard Oswald - Duck Hut Concession, Atascadero Lake 6� • B. Richard Oswald - Pop' s Tackle Shop Concession, Atascadero Lake 2 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 68-87 - Cayucos Avenue 11. Authorization for City Manager to Declare Various Beams and Miscellaneous Hardware from the former Scolari Market as Surplus Property and to Offer for Public Sale 12. Acceptance of Final Lot Line Adjustment 5-87 - 3905 E1 Camino Real —Zimmer/Volbrecht Surveys . B. HEARINGS/APPEARANCES/REPORTS (Approximate Time - 15 Minutes) 1. Consideration of Road Abandonment on a POrtion of Marchant Way: A. Public Hearing B. Resoluton 69-87 - Vacating a Portion of Marchant Way Adjacent to Lot 79, 9590 Marchant Way (Approximate Time - 10 Minutes) 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) (Approximate Time - 15 Minutes) 3. Atascadero Lake Pavilion Building Status Report - Verbal (Approximate Time - 5 Minutes) 4. Urgency Ordinance 154 - Extending Time Frame of Urgency Ordinance 152 - Clarifying the Minimum Required Lot Size in the LSF-X and RSF-X Zones, as Requiring a Net Minimum Land Area of 20 ,000 Square Feet WITH Sewer (Excluding Land Area Needed for Street Rights-of-Way Whether Publicly or Privately Owned) (FIRST AND ONLY READING) i 3 0 0 C. UNFINISHED BUSINESS (Approximate Time - 20 Minutes) 1. Acceptance of Proposal by E.R.A. Consultants - Economic Development Analysis Study (Cont'd from 5/26/87) (Approximate Time - 5 Minutes) 2. Tentative Parcel Map 9-87 - 9000 Atascadero Ave - Subdivision of 1.0 Acre Parcel into two lots of . 5 Acres Ea. - Kuhlman/Bray (Cont'd from 6/23/87 Council Meeting) (Approximate Time - 10 Minutes) 3. Tree Ordinance Status Report (Cont'd from 3/24/87) (Approximate Time - 15 Minutes) 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) D. NEW BUSINESS (Approximate Time - 5 Minutes) 1. Award of Dial-A-Ride Bus Purchase Bid to Wide One Corporation - $40 ,717.68 / t.�., A• � ( � (- 41 )14"J'&_ J E. ATASCADERO COUNTY SANITATION DISTRICT (Council will recess and convene as the Atascadero County Sanitation District Board of Directors) (Approximate Time - 15 Minutes) 1. Request for Sewer Extension Reimbursement Agreement (Lot 31, Block X) Separado Avenue - Anderson (Approximate Time - 10 Minutes) 2. Proposed Revised Agreement with San Luis Obispo County - Sewer Easement Across Chalk Mountain Golf Course (Previously Approved by Council in 7/86) (The Board of Directors will Adjourn and; Reconvene as the City Council) F. INDIVIDUAL DETERMINATION AND/OR ACTION • 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5 . City Manager 4 �AEFTING XG111M, ATc 711Y)f-7 ITEM#4—/ • ATASCADERO CITY COUNCIL MINUTES June 23, 1987 Atascadero Administration Building The regular meeting of the Atascadero City Council was called to order at 7:30 p.m. by Mayor Mackey, followed by the Pledge of Allegiance. An invocation was given by Bishop Dan Phillips, LDS Church. ROLL CALL Present: Councilmembers Borgeson, Bourbeau, Handshy, Nelson and Mayor Mackey Absent: None STAFF Mike Shelton, City Manager; David Jorgensen, Administative Services Director; Henry Engen, Community Development Director; Paul Sensi- • baugh, Public Works Director ; Mike Hicks, Fire Chief; Lt. Chuck Hazelton, Police Department; Bob Best, Recreation Director; Jeffrey Jorgensen, City Attorney; Jerry Sibbach, City Treasurer ; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk COUNCIL COMMENT . Councilwoman Borgeson expressed appreciation to department heads for their professional efforts on the proposed budget, asking that each of their personnel files reflect Council' s appreciation; she commended AFD Chief Hicks's presentation of department goals and objectives as exemplary. Mayor Mackey noted receipt of a letter from Grover City regarding its upcoming 100th Anniversary celebration. ** Selection of Mayor ** Councilwoman Borgeson nominated Councilwoman Norris for Mayor for the coming year, seconded by Councilman Bourbeau; passed 4:1, with Coun- cilman Handshy opposed. ** Mayor Pro Tem Consideration ** Councilman Bourbeau nominated Councilwoman Borgeson Mayor Pro Tem, • seconded by Councilwoman Norris; passed unanimously. City Clerk Boyd Sharitz administered the standard loyalty oath to Councilmembers Borgeson and Norris. 1 7 COMMUNITY FORUM George Highland, 7275 Carmelita, made comments relative to those expressed at the Council' s 6/9 meeting in the matter of the City' s legal firm defending present/former Councilpersons Handshy, Molina and Nelson: (1) He asked the City Attorney to define"courtesy defense" ; (2) He advised the Council that he reported the fact that Council- man Handshy attended a closed session regarding litigation, in which he is named as a defendent, to the FPPC; after FPPC staff discussion, an attorney for them expressed their opinion that there is probable cause for conflict of interest action (referencing State Supreme Court, Thompson vs. Call, 1985) . Mr. Jorgensen, City Atty. , 'read a prepared statement in response. He indicated that the City' s legal firm is tendering a "courtesy defense" in this matter -i.e. , defense pending a determination of whether or not the defendants have been sued in their official capacity with res- pect to any allegation in the complaint. He noted that Council and staff have carefully reviewed this matter and determined that the pro- per procedures were followed in referring this to the City' s insurance carrier and that it is proper for the carrier to offer a defense at this time -- in fact, refusal to offer a defense when the issues are unclear could subject the City and individual Councilmembers to lia- bility for breach of its good faith duties to defend. The Council was not informed that the matter had been referred to its insurance car- rier because a claim had not been filed (which would have, as a mat of procedure, been referred to Council for denial) ; appropriate stdo will be taken to insure that such oversights in communication do not occur in the future. Mr. Jorgensen reiterated that, as this is a mat- ter of litigation, the Council meeting isnot the appropriate forum to resolve questions being raised. Terrill Graham, 6205 Conejo, made comments relating to the previous speaker (reiterating his comments of the previous regular meeting) that it' s inappropriate for the City to be defending Mr. Handshy, Mr. Molina and Mr. Nelson. Joe Knyal, 8389 Alta Vista, questioned how this issue evolved into City litigation without Council knowledge, and why it was kept a sec- ret. Mr. Graham spoke again, expressing that he desires to sign any neces- sary papers releasing the City of any liability related to the above mentioned issue. Mr. Jorgensen, City Atty. , referred to his statement (summarized ab- ove) reiterating that the court is the proper forum to resolve this issue. A. CONSENT CALENDAR 1. Approval of Minutes of the Regular Council Meeting of June • 1987 2. Approval of City Treasurer ' s Report - May 1-31, 1987 2 M3. Approval of Finance Director ' s Report - May 1-31, 1987 4. Resolution 47-87 - Approval of California Men's Colony Annual Agreement for Unskilled Labor Maintenance 'Work 5. Approval of Road Name Establishment - 8305 Coromar to Create a Public Road to Serve Tract 1430 called Pajaro Lane - Golden West Development Company 6. Approval of Tentative Parcel Map 18-87 - 8255 Graves Creek Road - Subdivision of 5.38 Acre Parcel into Two Lots of 2. 69 Acres Ea. - Pollard/Cuesta Engineering 7. Resolution 50-87 - Declaring Intent to Vacate a Portion of Mar- chant Way Right-of-Way and to Schedule a Public Hearing on July 14, 1987 8. Deny Claim for Damages Totaling $300 .00 by Pat Steele 9. Resolution 48-87 - Installation of Crosswalks on E1 Camino at San Anselmo (east) , on San Anselmo at El Camino Real and on Val- dez Avenue at El Camino Real 10. Approval of Tentative Parcel Map 2-87 - 9385 Vista Bonita - Nimmo/Yeomans . A. Resubdivision of 8 Lots Totaling 6.98 Acres into 9 Lots with 8 Lots Varying from 5,520-6,760 Sq. Ft. and One 4. 94 Acre Lot for Open Space B. Establish Trifon Garcia Road as a Private Road Name 11. Aproval of Tentative Parcel Map 9-87 - 9000 Atascadero Ave. Subdivision of One Parcel of 1. O Acres into Two Lots of .5 Acres Each - Kuhlman/Bray 12. Approval of Tentative Lot Line Adjustment 10-87 - 8435 Curbaril - Adjust Property Line between Two Parcels Shearer/Volbrecht Surveys 13. Approval of Tentative Lot Line Adjustment 11-87 - 9598 Laurel - Adjust Property Line between Two Existing Lots - Williams/Twin Cities Engineering 14. Approval of Tentative Tract Map 36-86 - 5200 Llano Rd. Sub- division of One Parcel of 17. 4 Acres into 6 Parcels of 2. 9 Acres Each - Drake/Cuesta Engineering 15. Proclamation Acknowledging July as Parks & Recreation Month 16. Resolution 49-87 - Author_izing Annual Local Transportation and State Transit Assistance Funds Claim (FY 1987/88) (THIS ITEM ADD- ED. ) 3 i 0 Councilwoman Borgeson and Dean Crawford (8575 Portola) requested It• #11 be pulled. (Moved to New Business for discussion) Commenting on Item #16 , Mayor Mackey noted that SLO-Atascadero Transit costs have recently gone down by several thousand dollars as more people are using that system. MOTION: By Councilwoman Mackey to approve Consent Calendar, minus #11, seconded by Councilman Bourbeau; passed unanimously by roll-call. B. HEARINGS/APPEARANCES/REPORTS 1. Solano Road Proposed Street Abandonment Public Hearing Mr. Engen, Commun. Devel. Director, gave staff report recommending denial; however, with conditions for approval as an alternative in the event of Council approval. He noted that Longs has submitted a Pre- cise Plan which is on hold by staff pending action on this abandonment request. Mr. Sensibaugh, Pub. Works Director , reported on the revised conditions for approval, noting staff' s recommendation is for denial. He noted that the conditions in staff' s report correspond to those in proposed Res. 51-87 and numbering should be corrected to 4. (1) , etc. (from 3. (1) , (4) , (5) & (10) ) . Also, the term "civil" engineer should replace "traffic" engineer in Cond. #4. (1) . Staff responded to que� tions from Council. Public Comment Dave Lombard, 8885 Pino Solo, spoke in opposition to closure of Solano Rd. , expressing that it' s the only good road in and out for both resi- dents and emergency personnel. Scott Thayer, Arnold Pacific Properties, spoke in support of this pro- posal, noting the benefits to area residents and to the City, which are, primarily, increased sales tax revenue and public improvements (signalization, road punch-through and drainage facilities) . Terrill Graham interrupted and called for a point of order, noting the length of time Mr. Thayer was being allowed to speak saying this issue was not an agenda item. Mayor Norris called Mr . Graham out of order , pointing out that this item is on the agenda and that Mr. Thayer is making a presentation on behalf of the applicant. Mr. Thayer continued; he noted opposition to participation in two sig- nals (preferring 100% involvement in just one signal) as well as oppo- sition to punching through the roads at Palomar. Gary Veasy, Longs Drugs, indicated that Longs has been involved on this project for the past five years and in Atascadero, in genera for the past seven. He addressed staff' s revised conditions, notiio those which Longs feels are either appropriate or inappropriate for the project. 4 0 i • Bill Heath, 6980 Valle Ave. , civil engineer , author of one of the two traffic reports relative to this project (prepared for the Poe pro- ject) and citizen member of the Traffic Advisory Committee, reported his observations. He noted the "remarkable" concurrence between Plan- ning and Public Works staff in opposing the proposed road abandonment, feeling it should send a message to the Council. Expressing he is not opposed to the Longs project, he is opposed to abandoning Solano, which is one of the few well-engineered streets in subject area. Richard Randise, 8850 E1 Centro, whose home shares a common boundary with the shopping center , spoke in opposition to the abandonment of Solano. He expressed the feeling that Arnold Pacific has shown an inability to properly maintain the property around the shopping cen- ter , noting failed attempts through repeated contacts with them. Robert Nimmo, 7375 Bella Vista, representing the Chamber of Commerce, noted the Chamber ' s concerns regarding sales tax revenues. He relayed that, in a special session on 6/11/87, the Chamber Board addressed that issue and voted in support of the proposed abandonment subject to mitigating conditions as might be recommended by staff to the extent that they are appropriately assessed to a single developer. Nina Marble, Pino Solo Ave. resident, spoke in opposition to the pro- posed road abandonment, quoting the basis for staff' s recommendation for denial as stated on pg. 2 of Mr . Engen' s memo, dated 6/23/87 (within the "Issue" paragraph) . Mike Arrambide, 7243 Del Rio, noted sight distance problems he encoun- ters at Solano and ECR. He feels controlled access onto ECR from the subject residential area would be a benefit to the residents and that the conditional improvements would benefit the entire community. Joe Shufar , 7450 Sonora, noted the vast improvements to the original Solano Rd. as a result of good development. He spoke in support of signalization on ECR, whether or not the abandonment is approved. Betty Woods, 8545 E1 Dorado, spoke in opposition to the proposed road abandonment, expressing concern over impacts to E1 Centro residents. She noted her neighbors, Mr. & Mrs. Kennett, 8581 El Dorado, also share the same concerns. Steve Devencenzi, representing Harold Peterson, expressed concern over potential improvements cost-sharing to be incurred by smaller projects in the area relative to the proposed project. He noted that there are no mitigating conditions that pertain to La Linia (where the Peterson Welding shop is located) . He also opposes locating a signal at the entrance to the project, seeing it as disadvantageous to the resi- dents. Further, he noted that a segment between Pino Solo or La Linia and E1 Dorado appears to have not been addressed in the improvements. Hal Hayes, 2505 Alturas, cited (7) faults he found with the Higgins traffic report and spoke in opposition to the proposed abandonment. Sarah Gronstrand, resident, spoke on behalf of Celia Moss, represent- ing the Atas. Homeowners' Assn. She expressed opposition to the Cham- 5 • • ber Board' s support for the proposed abandonment, noting that t� Assn. , on 5/23/87, voted its opposition to said proposal, and she sum- marized the basis for this opinion. John McNeil, 8765 Sierra Vista, feels sales tax revenues will only be shifted -- not added -- by this project, which he likened to adding another fast food establishment, and he spoke in opposition to it. Vince LaVorgna, 9170 Santa Barbara Rd. , addressed the pros and cons of this proposal, feeling the applicant can provide equal or better ac- cess for the abandonment of Solano. He urged the Council to consider that the benefits in the way of off-site improvements clearly out- weigh the access through Solano. Bill Poe, resident, addressed the residential access issues raised by this proposal and spoke in opposition to the road abandonment, feeling it makes no sense to abandon a perfectly good street. Jay DeCou, resident & co-owner of DeCou Lumber , spoke in opposition to this proposed road abandonment. He requested a commitment from Coun- cil, should the closure be granted and, at some later point in time, Council determines it was a mistake, that his property cannot be tak- en. He presented a copy of a SLO County Board meeting document, dated 9/6/22, wherein a Mr. Mitchell deeded all roads in Eaglet to the Coun- ty to the general public. Steve Davis, 7540 Santa Ysabel, spoke in support of the closure Solano in order to keep revenues high and new business in. John Cole, 8710 Sierra Vista, sided with the concerns expressed by citizens tonight and expressed opposition to the proposed closure of Solano based on their concerns and safety issues raised. Kirk Pearson, 5405 Olmeda Ave. , noted that closure of Solano may nega- tively impact property values in subject area and future projects there. There was no further public comment; Council members expressed their individual feelings on this proposal and discussion with staff ensued. MOTION: By Councilwoman Borgeson to deny the request to abandon Sol- ano Rd. based on the Findings contained in Exh. C to staff report, dated 5/5/87 , that: (1) The proposed road abandonment is not in conformance with the General Plan goals of providing safe and ade- quate circulation. (2) The proposed road abandonment will increase traffic congestion and eliminate the best access road in this surrounding area. • (3) The proposed road abandonment will eliminate a neces- sary access road for fire and police protection. 6 . Motion was seconded by Councilwoman Mackey; passed by 3:2 roll-call, with Councilmembers Bourbeau and Handshy opposed. MAYOR NORRIS CALLED FOR A BREAK AT 10:15 P.M. AND THE MEETING BACK TO ORDER AT 10:30 P.M. 2. Public Hearing on Proposed Revenue Sharing and City Budget for 1987/88 and Appropriation of Funds Thereof A. Resolution 54-87 - Adoption of City of Atascadero Fiscal Year 1987/88 Revenue Sharing Budget and Appropriation of Funds Thereof B. Resolution 55-87 - Adoption of City of Atacadero Fiscal Year 1987/88 Budget and Appropriation of Funds Thereof Mr. Jorgensen, Admin. Svcs. Director , gave staff report regarding the Revenue Sharing Budget. He recommended postponement of this item until after discussion of the entire CIP Program on 6/30/87. There was no public comment. MOTION: By Councilwoman Mackey to close the public hearing on revenue sharing and continue this matter to the special meeting on 6/30/87 , seconded by Councilman Bourbeau; passed unanimously. Mr. Jorgensen gave staff report regarding the General Fund Budget, reviewing each fund separately and responding to questions from Coun- cil. Public Comment re: General Fund Budget Sarah Gronstrand, addressed understaffing issues in the Police Dept. ; she cited percentage figures taken from Mr. Jorgensen, the Census Report and from the Economic Development Study, urging Council to par- ticipate in the budget process and rethink City priorities. She urged support for the APD. Bob Busick, Acting V.P. of Babe Ruth Baseball in Atas. , noted the inability to attend last Thursday' s special meeting; he requested a $5,000 appropriation for continued improvement of Alvord Field. Suzie Van Benthuysen, representing the N. County Women' s Resource Cen- ter ' s Women' s Shelter Program, requested a $5 ,000 budget appropriation to help defray the cost of food and utilities. Also, she requested a $1,000 appropriation for the Women' Resource Center . Mike Lara, Parks & Rec. Commissioner, noted needs at Alvord Field and spoke in support of the $5,000 Babe Ruth request. • Gere Sibbach, City Treasurer , made general comments on the budget, noting a recognizable need for creative long-range planning to improve the financial health of the community; he feels this should be exam- ined in the coming year as broadly as possible. 7 • • MOTION: By Councilwoman Mackey to continue meeting past 11:00 p.m seconded by Councilman Bourbeau; passed 4:1, with Councilma Handshy opposed. Public Comment re: Gas Tax Fund Budget Barbara Reiter, urged traffic signalization by City appropriations in lieu of being "bought" by incoming commercial industry. She also urged improved street lighting. Mr. Jorgensen, Admin. Svcs. Director , reviewed the remaining fund bud- gets (Local Transp. , and Zoo Enterprise funds) . There were no public comments. Council discussed the proposed budgets and additional funding requests expressed by representatives of outside organizations tonight. MOTION: By Councilman Bourbeau to adopt Res. 55-87 (Gen. Fund, LTF, Gas Tax Fund and Zoo Enterprise Fund Budgets) as recommended by staff including changes as discussed by Dave Jorgensen, adding $5, 000 funding for the Women' s Resource Center, and that the $10 ,000 for the BIA Tree Planting Program be dis- cussed under the CIP Budget on the Council' s June 30th spe� ial agenda. Motion seconded by Councilwoman Mackey; pass unanimously by roll-call. Council noted the intent to discuss the $5,000 Babe Ruth funding request at the June 30th meeting. 3. Appeal by Thomas Bench of Planning Commission Denial of Tentative Parcel Map 35-86 - Subdivision of 3.53 Acre Parcel into Three Lots of 1.0 , 1.13, and 1.3 Acres Each - 7503 Carmelita Mr. Engen, Commun. Devel. Director, gave staff report, summarizing the history of this issue and recommending denial. Public Comment Thomas Bench, appellant, spoke in support of this appeal on this basis of misinformation provided by various members of staff, which he re- viewed. Charles Gustafson, 7505 Cristobal, who owns Lot UB-3 in subject area, noted his desire to build on said lot and sought assurance that he will have access to the creek for drainage construction. Ellen Hines, 7555 Carmelita, spoke in opposition to this proposa noting the unsuitable site conditions for building there. Is Bob Powers, 7505 Carmelita, spoke in opposition to this proposal feeling it is not in conformance with the Gen. Plan, staff & Planning 8 • Commission recommendations nor the character of the existing neigh- borhood; he urged preservation of the existing wildlife environment there. Richard Russell, 3584 Maricopa, who owns an adjoining lot to subject property, echoed the objections to this proposal voiced by previous speakers and reiterated comments expressed at prior Planning Commis- sion and Council meetings regarding this issue. Johnny Jordan, 7905 Carmelita, noted his receipt of a public hearing notice on this issue and thanked the Council for enlightening him. George Highland, 7275 Carmelita, noted the flooding/erosion conditions he has observed in years past, expressing the feeling that the site is unsuitable for building and that he is opposed to this proposal. Mr. Bench spoke again, responding to Councilman Handshy' s questioning why he didn' t amend his proposal to a two-way split (instead of a three way, which was previously denied) . He said that at no time did he meet with a committee but, instead, received unrealistic demands from staff. Further discussion between Mr. Bench and Council ensued. Mr. Jorgensen, City Atty. , noted the following: (1) The City has easements in the creek; there is nothing binding on the Council which requires the City to purchase anything from Mr. Bench. The City does not require the dedication of any easements since they already exist. (2) He referenced a recent Supreme Court decision (full text includ- ed in his City Attorney' s Report submitted to Council tonight) , noting, from his review, it doesn' t hold that it takes away Council' s discretion in this matter. MOTION: By Councilman Bourbeau to uphold the Planning Commission' s recommendation for denial of the proposed tentative map for a three-way lot split, based on the findings in Exh. I of staff report dated 2/2/87 ; seconded by Councilwoman Mackey. Motion carried by 3: 2 roll-call, with Councilwoman Borgeson and May- or Norris opposed. COUNCILMAN HANDSITY REQUESTED AND WAS EXCUSED FROM THE MEETING AT 12:05 A.M. 4. Adjustment of Development Fees Per Increase in Consumer Price Index: A. Public Hearing 9 • • B. Resolution 52-87 - Approving Adjustment to Development Fees Adopted in Ordinance 119 Mr. Jorgensen, Admin. Svcs. Director, gave staff report. There was no public comment. MOTION: By Councilwoman Borgeson to adopt Res. 52-87 , seconded by Councilman Bourbeau; passed by 3: 1 roll-call, with Councilman Handshy absent and Mayor Norris opposed. C. UNFINISHED BUSINESS 1. Authorization for Mayor to Enter into Contract Agreement with John Wallace and Associates - Engineering Services on San Andreas and Garcia Road Bridges - $65,900 (Cont'd from 5/26/87 , when Council gave conceptual approval) Mr . Sensibaugh, Pub. Works Director, gave staff report. MOTION: By Councilman Bourbeau to adopt staff recommendations and award the contracts to John Wallace & Associates for the design of Garcia Rd. and San Andreas Bridges, seconded by Councilwoman Mackey; passed by 4:0 roll-call, with Councilman Handshy absent. D. NEW BUSINESS 1. (*MOVED FROM #11 ON CONSENT CALENDAR) Approval of Tentative Parcel Map 9-87 - 9000 Atascadero Ave. - Subdivision of One Parcel of 1. 0 Acre into Two Lots of . 5 Acres Each - Kuhlman/Bray Jack Bray, 9480 Atascadero Ave. , Engineer of Record on this item, re- quested postponement to the Council' s next regular meeting on 7/14/87. MOTION: By Councilman Bourbeau to continue this item to 7/14/87 , sec- onded by Councilwoman Mackey; passed unanimously. 2. Authorization for Mayor to Award Park and Recreation Grounds Maintenance Award - Moore ' s Yard Maintenance - $27,600 Mr . Shelton, City Mgr. , noted staff report on this item included in agenda packet. MOTION: By Councilman Bourbeau to adopt staff recommendation and award the grounds maintenance contract to Moore' s Yard Main- tenance in the amount of $27 ,600 , directing staff to present alternatives at another point in time; motion seconded Councilwoman Mackey. Passed by 4 :0 roll-call, with Counci man Handshy absent. 10 3. Proposed FY 1987/88 Employment Contracts - Community Development Department: A. Jon Ecklund, Enforcement B. John Shoals, General Plan Update C. John LeSage, Building Inspection D. Phil Wachtel, Building Inspection Mr. Engen, Commun. Devel. Director, gave staff report recommending approval. MOTION: By Councilman Bourbeau to authorize the City Manager to sign the proposed employment agreements for Jon Ecklund, John Shoals, John LeSage and Phil Wachtel, seconded by Council- woman Mackey; passed by 4:0 roll-call, with Councilman Hand- shy absent. 4. Resolution 56-87 - Approval of 1987/88 County of San Luis Obispo Animal Control Contract - Lt. Hazelton, APD, gave staff report. MOTION: By Councilman Bourbeau to authorize the Mayor to enter into a 1987-88 contract agreement for $35, 000 with the SLO County Dept. of Animal Regulation and adopt Res. 56-87 ratifying the contract, seconded by Councilwoman Mackey; passed by 4:0 roll-call, with Councilman Handshy absent. MOTION: By Councilman Bourbeau to recess as Council and convene as the Atas. County Sanitation District Board of Directors, sec- onded by Councilwoman Mackey; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1. 1987/88 Sanitation District Budget: A. Public Hearing B. Resolution 53-87 - Approving 1987/88 Atascadero County Sani- tation District Budget and Appropriating Funds Thereof Mr. Jorgensen, Admin. Svcs. Director, gave staff report. There was no public comment. MOTION: By Director Bourbeau to adopt Res. 53-87, appropriating $1,783,280 to the ACSD, seconded by Director Mackey; passed by 4:0 roll-call, with Director Handshy absent. MOTION: By Director Bourbeau to adjourn as the ACSD Board and recon- vene as the City Council, seconded by Director Mackey; passed unanimously. 11 F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilman Bourbeau expressed both congratulations and condolences to Mayor Norris and Mayor Pro Tem Borgeson for their new roles on the Council. He also thanked former Mayor Mackey for her services in that position. City Manager - Mr. Shelton expressed appreciation to Councilwoman Mackey for the opportunity to work with her this past year and to Council for the work they put into reviewing the budget. MEETING ADJOURNED AT 12:26 A.M. TO A SPECIAL OPEN COUNCIL SESSION ON TUESDAY, JUNE 30, 1987 AT 8:30 A.M. IN THE CITY ADMINISTRATION BUILD- ,vi`t ING FOURTH FLOOR CLUB ROOM REGARDING: 1. PROPOSED ARCHITECTURAL DESIGN AND SITE ANALYSIS FOR PROPOSED POLICE FACILITY 2. AD HOC COMMITTEE REPORT REGARDING ACQUISITION OF ATASCADERO LAKE PARK PROPERTIES MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk Prepared By: CINDY WILKINS, Deputy 12 �iC;� • M E M O R A N D U M To: Mike Shelton, City Manager From: David G. Jorgensen, Admin. Svcs. Directo Date: July 6, 1987 Subject: Claim of Clyde Bennett RECOMMENDATION City Council deny the above-mentioned claim which was submit- ted on May 19, 1987 . The total claim presented is $11, 670. 96 . BACKGROUND r Claimant alleges improper design and repairs of H alcon Road caused his one car accident. • M E M O R A N D U M TO: City Council July 14, 1987 VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director 41- SUBJECT: Tentative Parcel Map 7-87 LOCATION: 5020 Palma APPLICANT: Fernando Ebhardt (Volbrecht Surveys) REQUEST: Creation of three residential air-space condominium units on a 0. 39 acre site. BACKGROUND: On June 16, 1987, the Planning Commission conducted a public hearing • on the above-referenced subject, unanimously approving the request subject to the findings and conditions contained in the attached staff report. Alan Volbrecht, representing the applicant, stated his agreement with the recommendation. No one else spoke on the matter . RECOMMENDATION: Approval of Tentative Parcel Map 7-87 per the Planning Commission' s recommendation. HE:ps cc: Fernando Ebhardt Volbrecht Surveys City of Atascadero Item: B-5 STAFF REPORT • FOR: Planning Commission Meeting Date: June 16, 1987 BY: pIPSteven L. DeCamp, Senior Planner File No: TPM 7-87 Project Address: 5020 Palma (Lot 25; Block RA; Atascadero Colony) SUBJECT: Creation of three (3) residential air-space condominium units on a 0.39 acre site. BACKGROUND: Approval for the construction of two (2) additional apartment units on the subject property was approved by Precise Plan 10-84 in April of 1984. A. SITUATION AND FACTS: • 1. Applicant. . . .. . . . . . . . . . . . . . .Fernando Ebhardt 2. Representative. . . . . . . . . . . . . .Volbrecht Surveys 3. Site Area. . . . . . . . . . . . . . . . . . .0.39 acres 4. Zoning. . . . . . . . . . . . . . . . . . . . . .RMF-10 5. Existing Use. . . . . . . . . . . . . . . .Apartments (3) 6. General Plan Designation. . . .Low Density Multiple Family 7. Environmental Status. . . . . . . .Categorically Exempt (Class 1) B. ANALYSIS: This application proposes the creation of three (3) residential air-space condominiums. The project consists of the conversion of a two (2) unit and one (1) unit structure to individual owner- ship. Thus, each apartment unit will be individually owned, and parking and other open areas will be owned in common. • • Staff Report - TPM 7-87 Page Two This project was previously reviewed and approved under the pre- cise plan and building permit processes. All public improvements that would normally be required at the time of parcel map approval have been secured or conditioned as part of these prior approvals. Tentative parcel map approval will not effect the imposition of those requirements. The conversion of the project to a condominium does not present any substantial planning issues of concern to staff. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 7-87 based on the Findings in Exhibit D and the Conditions of Approval in Exhibit E. SLD:ph Attachments: Exhibit A - Location and Zoning Map Exhibit B - Tentative Tract/Parcel Map Exhibit C - Precise Plan Conditions of Approval Exhibit D - Findings for Approval Exhibit E - Conditions of Approval �1• sem;• �j►��/•'`�'• � ,-.�� � ,: � 3 �� �� � ♦� �ori♦ Isom 111IF Bill HIM INS ..��..�. . -�����:r ���mom NMI � " ' X111 ■ �-♦ e •r CITY �l,-�-, :.. . �� OF ATASCADERO r�91A l�,iC , 1979 AAD COMMUNITY DEVELOPMENT M a� DEPARTMENT i PAA - - 87 t rrr � .r/� ✓J :fJf'/1iV o /o - is' --moi—•' v rl � N • - Ex�rnc � v 2 .•.. U,rJ I i EFE..mam" 1 w V . SJJ'/J'IY nn •I 'l 72 -1w- 7;iAcT /SO7 yI✓NER CERTlFIeATC Si 9 a Condo , u.A ph<�dy�mrn um thr ApP// � o�oi f,rd�e��y /y,� YhF, o/eons s/orw gra, /hs C.✓y o/F"�r<id•<o,�svn/y e/ -/b.r T<n%.Sr<m P d�.//y S nLu.r Oh.PoJf/.�fe;//ns r>m/he av/ho%<d YGYB.YEff/rSu,P(rEYS r p.vr.../•/v< /.r.� TTJO Mwv<e Pv. ,}Litt AlV ' <„d if///ife/:,/ain<foe Abe n ATwrduva!w .9!<n yA�<,aonJ/��7�'ti/e�c✓C Kc/To%Se DNn<CBeJIIK-XX 1Y�LL1(1't`-��w/A.�w[.4nrcr�,,f rlei C:YC T CITY OF A TASCADERO ' D COMMUNITY DEVELOPMENT DEPARTMENT Tp M 7--8-7 Based upon the above Findings, the Planning Department recommends issuance of a Negative Declaration and approval of Precise Plan 10-84 subject to the following conditions: 1. The owner shall submit a revised plot plan to be approved by Plan- ning Staff prior to the issuance of any permits which provides: a) Three parking stalls, of which one shall be a handicapped stall and shall be provided with the required 24 foot backup spaces. b) A driveway with a minimum width of twenty feet to access the proposed units. c) A solid waste disposal area which shall conform to zoning ordinance requirements. 2. Provide a complete landscape plan which indicates all existing trees with trunks eight inches or greater. Permission is hereby granted to remove the twenty inch diameter Walnut tree in the cen- ter of the proposed driveway entrance and the 15 inch diameter tree immediately adjacent to the rear of the existing garage structure. Provision shall be made in the revised parking layout to retain the existing 15 inch diameter tree in the center of the lot. The Planning Department shall review and approve the revised parking plan and may allow the removal of the third tree if the design becomes infeasible. 3. Site development including buildings, driveways, elevations, park- ing, landscaping and other features shall be consistent with plans submitted, including modifications included herein and all devel- opment standards of the Zoning Regulations. 4. This Precise Plan approval is valid for one year from the date of final approval unless an extension is granted pursuant to Section 9-2.118 of the Zoning Ordinance. 5. All conditions of approval established herein shall be complied with prior to occupancy of the building by the proposed use. 6. This Precise Plan and environmental determiation shall become final at 5:00 p.m. on May 10, 1984, unless an appeal has been filed prior to that date. 0 • EXHIBIT D - Findings for Approval Tentative Parcel Map 7-87 (Ebhardt/Volbrecht) June 16, 1987 FINDINGS: 1. The creation of these parcels conforms to the Zoning Ordinance and the General Plan. 2. The creation of these parcels is categorically exempt from the provisions of CEQA (Class 1) . 3. The site is physically suitable for the type of development that is proposed. 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 of 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. 0 0 EXHIBIT E - Conditions of Approval Tentative Parcel Map 7-87 (Ebhardt/Volbrecht) June 16, 1987 CONDITIONS OF APPROVAL: 1. The applicant shall establish Covenants, Conditions, and Restric- tions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings. a. These CC&Rs shall be submitted for review and approval by the City Attorney and Community Development Department prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Homeowners Association. 2. The open space (Lot 1) shall be designated as a Public Utilities Easement. 3. 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 Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created le 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 submit- ted for review in conjunction with the processing of the final map. 4. All conditions imposed on the project by Precise Plan 10-84 and building permits shall be satisfied prior to recording the final map. 5. 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. DATZ: • M E M O R A N D U M TO: City Council July 14, 1987 VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director SUBJECT: Tentative Parcel Map 22-87 LOCATION: 8635 Coromar APPLICANT: Bob Stoner (Cuesta Engineering) REQUEST: Subdivision of one parcel containing 0.94 acres into two lots 'containing 20 ,000 square feet and 21,377 square feet. BACKGROUND: On June 16, 1987 the Planning Commission conducted a public hearing on • the above-referenced matter, unanimously approving the land division request subject to the findings and conditions contained in the at- tached staff report. John Falkenstien with Cuesta Engineering, spoke on behalf of the ap- plicant stating they had no problems with the recommendation. There was brief discussion among the Commission concerning easements as they relate to private roads. RECOMMENDATION: Approval of Tentative Parcel Map 22-87 per the Planning Commission' s recommendation. HE:ps cc: Bob Stoner Cuesta Engineering i • City of Atascadero Item: B-6 STAFF REPORT P RT • FOR: Planning Commission Meeting Date: June 16, 1987 BY: '1�3teven L. DeCamp, Senior Planner File No: TPM 22-.87 Project Address: 8635 Coromar (Ptn. Lot 39; Block 7; Atas. Colony) SUBJECT: Subdivision of one parcel containing 0 .94 acres into two lots contain- ing 20,000 square feet and 21,377 square feet. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . .Bob Stoner 2. Representtive. . . . . . . . . . . . . . .Cuesta Engineering 3. Site Area. . . . . . . . . . . . . . . . . . .0.94 acres 4. Zoning. . . . . . . . . . . . . . . . . . . . . .RSF-X (20, 000 square feet minimum lot size) • 5. Existing Use. . . . . . . . . . . . . . . .Parcel 1 - vacant Parcel 2 - single family dwelling 6. General Plan Designation. . . .High Density Single Family 7. Environmental Status. . . . . . . .Negative Declaration posted May 19, 1987 B. ANALYSIS: The application before the Commission proposes the subdivision of one parcel containing 0 .94 acres into two parcels containing 20 ,000 square feet and 21,377 square feet. The property proposed for subdivision is located in a RSF-X zoning district. The mini- mum lot size in this zone is 20,000 square feet where sewers are available and 0. 5 acre without sewers. Because sewers are avail- able to the subject property, the 20 ,000 square foot minimum is applicable. The front parcel proposed for subdivision contains a single family residence. The new lot being created will be located to the rear of this existing dwelling. Access to that parcel will be by an easement crossing the front lot. The ingress/egress easement will also serve as a Public Utilities Easement allowing the rear lot to� be connected to the existing utilities in Coromar. ! 0 Staff Report - TPM 22-87 Page Two The area surrounding the affected parcels was the subject of re- cent General Plan and Zoning Ordinance amendments allowing for the establishment of one-half acre and 20 ,000 square foot lots. The proposal before the Commission is in conformance with the new General Plan and Zoning Ordinance provisions. Staff believes that the type and density of development proposed is appropriate for the neighborhood. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 22-87 based on the Findings in Exhibit C and the Conditions of Approval in Exhibit D. SLD:ph Attachments: Exhibit A - Location and Zoning Map Exhibit B - Tentative Parcel Map Exhibit C - Findings for Approval Exhibit D — Conditions of Approval CITY -' OF ATASCADERO L oCA-f'tov► oto'' COMMUNITY DEVELOPMENT DEPARTMENT TrPIV� ZZ.-8- L M SPD / / r a� � l�yr � • 0 .ate Q C0 lk, " as ! RiS C R- .51 rE T C / f r IZ'SF• X �ZO, oo0 5q. �F'.� iP AVE �i (FH _ .� f'� „E� ,� EX 44►8 1 i 6 ��; .,.. :.. . CITY OF ATASCADERO r ! 197g COMMUNITY DEVELOPMENT mar DEPARTMENT TPM zz - 87 I n V O � e I oI� "• �� a SII �p p o R l 0 o � K EXHIBIT C - Findings for Approval Tentative Parcel Map 22-97 June 16, 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 proposed. 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. EXHIBIT D - Conditions of Approval Tentative Parcel Map 22-87 (Stoner/Cuesta Engineering) June 16, 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 buildings or other restrictions related to the easements, they shall be noted on the final map. 3. The applicant shall construct a City-standard drive approach to serve each parcel prior to recording the final map. 4. Obtain encroachment permits from the Public Works Department prior to construction of drive approaches and construct improvements as directed by the encroachment permit(s) . 5. Grading, drainage, and erosion control plans, prepared by a regis- tered civil engineer , shall be submitted for review and approval by the Community Development and Public Works Departments prior to issuance of building permits. 6. The applicant shall acquire and make an irrevocable offer for ded- ication to the City of Atascadero the following rights-of-way for public road purposes or submit proof acceptable to the City Attor- ney that said right-of-way has been previously dedicated for such purposes: a. Street Name: Coromar Road b. Twenty (20) feet from centerline along the entire property frontage. 7. Offers of dedication shall be completed and recorded prior to or simultaneously to recording the final map. 8. Wastewater disposal shall be by connection to the public sewer. 9. Obtain sewer connection permits from the Public Works Department prior to hooking up to sewer. 10. The applicant shall pay sewer annexation fees for the additional lot created prior to filing the final map. 11. The 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. 0 0 TPM 22-87 - Conditions of Approval Page Two 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 submit- ted for review in conjunction with the processing of the final map. P C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 12. 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. MG AGt"�'�A DAT= ?�",{ -, • M E M 0 R A N D U M TO: City Council July 14, 1987 VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director SUBJECT: Tentative Parcel Map 37-86 LOCATION: 7421 Santa Ysabel APPLICANT: Ted and Judy Young , Y REQUEST: Residential subdivision of one parcel containing 0.44 acres into four lots for a small lot subdivision BACKGROUND: The Planning Commission conducted a public hearing on this matter at its June 16, 1987 meeting, unanimously approving the requested four lot subdivision subject to the findings and conditions contained in the attached staff report. Ted Young, applicant, spoke in support of the request and felt this revised site plan was in order with their proposed development of the site. No one else spoke on the matter. RECOMMENDATION: Approval of Tentative Parcel Map 37-86 per the Planning Commission's recommendation. HE:ps cc: Ted and Judy Young Volbrecht Surveys Item: B-4 M E M O R A N D U M : TO: Planning Commission FRO14: Joel Moses , Associate Planner DATE: June 16 , 1987 SUBJECT: Tentative Parcel Map 37-86: 7421 Santa Ysabel (California Manor/Ted and Judy Young) BACKGROUND: The Planning Commission has previously reviewed the proposed sub- division map as a part of a zone change application. Zone Change 23-86 proposed to establish a Planned Development Overlay for a small lot subdivision for five lots . The City Council revised the PD Overlay to allow for only four lots. The applicant has now submitted a revised map in conformance with the Overlay zoning. Exhibit B (revised site plan) meets the con- ditions of the Overlay. RECOMMENDATION: - Staff would recommend approval of Tentative Parcel Map 37-86 based on the findings contained in the staff report dated March 17, 1987 along with the conditions of approval also contained in that staff report, but with elimination of Condition #1 and subject to the revised Exhibit B (site plan) . JM:ps Attachment: Revised Exhibit .B (Site Plan) Staff Report dated March 17, 1987 0 4 EXHIBIT a Site Plan Revise, © CITY OF ��R CADERO , Tentative parcel Mat 87- 8§ƒ - . , G '- CUMMUNITY DEVELOPMENT 7421 Santa Ysabel DEPARTMENT California Manor (Young) 33W o3h3a UNAWV4 3 « A133 � . . . \/� . ! !�■ � . � . . ti �� _ k kR> ■ \/ | kh§ � � � ■ k � � x \� x $\§ � � IN w t . . ■|�®�� 44 ||f�i§ . . 1:71<\t w d ��� _�_ :2 _ ■ City of Atascadero Item: B.6 STAFF REPORT FOR: Planning Commission Meeting Date: March 17, 1987 BY: Joel Moses, Associate Planner File No: ' TTM 37-86 Project Address: 7421 Santa Ysabel-Lot 6 Blk lA (Atas. Colony) SUBJECT: Tentative Tract Map 37-86 submitted by California Manor (Ted & Judy Young/Volbrecht Surveys) proposing a residential subdivision of one parcel containing .44 acres into five (5) lots containing 5440 , 3573, 3473, 3323, and 3172 square feet. BACKGROUND: The applicant has applied for a Zone Change (ZC 23-86) to allow for a small lot subdivision (below the normal 1/2 acre) that is being con- sidered along with the proposed tract map. Notice of a public hearing was published in the Atascadero News on Friday, March 6, 1987 . All property owners of record located within 300 feet of the subject property were also notified on that date. A. SITUATION AND FACTS: 1. Applicant.. . . . .. . . . . . . . . . . . . . .California Manor (Ted & Judy Young) 2. Representative. . . . . . . . . . . . . . .Volbrecht Surveys 3. Site Area. . . . . . . . . . . . . . . . . . . .44 acres 4. Zoning. . . . . . . . . . . . . . . . . . . . . . .RMF/16 (Proposed revision to RMF/16 (PD) ) 5. Existing Use. . . . . . . . . . . . . . . . .4 single family residences under construction. 6. Adjacent Zoning. . . . . . . . . . . . . .North: RMF/16 - residential South: RMF/16 - residential East: RMF/10 - residential West: RMF/16 - residential 7. General Plan Designation. . . . .High Density Multiple Family 8. Environmental Status. . . . . . . . .Negative Declaration posted 0 0 Staff Report - TTM 37-86 7421 Santa Ysabel (Young/Volbrecht) March 17, 1987 B. ANALYSIS: The application before the Commission proposes the subdivision of one parcel of .44 acres (19,166 sq. ft.) of RMF/16 (Residential Multiple Family - 16 units per acre) zoned property into five (5) lots of 5440 to 3172 square feet. The normal lot size within the RMF (Residential Multiple Family) zone is . 5 acre (21,780 sq. ft.) . The applicant has applied for a Zone Change (ZC 23-86) to allow a revision to the RMF/16 zoning that would allow the smaller lots as part of a Planned Development Overlay. The two applica- tions are tied together. If the Zone Change is denied, then the proposed subdivision could not be approved. The current General Plan and Zoning Ordinance allows for a minimum lot size of 1/2 acre. The General Plan Policies for residential development note that "smaller lot sizes may be allowed in con- junction with planned residential developments. . . . . .provided that overall density within the project is consistent with other den- sity standards. . . ". The Zoning Ordinance allows for the modification of the minimum lot size by use of the Planned Development Overlay, which the ap- plicant is proceeding with. The overall General Plan and zoning densities would allow for the development of seven (7) residential units. The applicants request for five (5) residential units is within the City required density standards. The site has been reviewed and has an approved Precise Plan (PP 48-86) allowing for the construction of four (4) single family dwellings. Building permits have been issued for the four units and construction has begun. Both sets of plans provide sufficient area for the existing and proposed units. Public improvements (curb/gutter/sidewalk) have been secured under the Precise Plan approval. Street improvement and drainage plans have been reviewed and approved by the Engineering Department. Thus, normal development requirements of public facilities have been taken care of with the previous approvals. The proposed development does provide for a 25 '-O" easement for utilities and access to the pro- posed rear lots. This easement will need to be covered by some type of maintenance agreement. The tract map can also be used to secure other development restrictions such as architectural and landscape maintenance covenants. As noted previously, the development of the buildings (4 units) has been approved. The units presently meet all City standards for development. If the zone change is approved, the additional unit will meet all zoning requirements. The smaller lots will provide adequate building sites. Staff Report - TTM 37-86 7421 Santa Ysabel (Young/Volbrecht) March 17, 1987 C. RECOMMENDATION: Staff recommends conditional approval of Tentative Tract Map 37-86 based on the Findings in Exhibit E and Conditions of Approval in Exhibit F. JM:ph Attachments: Exhibit A - Location and Zoning Map Exhibit B - Tentative Tract Map Exhibit C - Developers Statement Exhibit D - General Plan Excerpt P Exhibit E - PP Findings of Approval Exhibit F - Conditions of Approval /.:�: . � �IIID►U� IIi1 loom LEN � � � / � � ►I�u'a 11 1111=_ ` , t �■ • �IlJllip� 1r1-ilk ,1� rim wIN lion PAP 12 /•,a __ �1 i •�1 � � � IM IN VIA flaw .4 sw tits 1/1�`♦ � i _� ♦ _ �r � �' �� � X1111 � ►►��q• ��� �� �- •'• � �♦ ��'�� � � 111 � �C N4B'A9,SC�N /A'w,M 0 w?14, N .Sf .r e \ � v \ Q Q \ 7 \\ � 'eeo yo°•tiae� 1 a - oc o `er °�v8 b I I Nti h � I I 1• r \ -OR I a> I i v 1 m 1 ------ AMMAN AlINnWW03 m ly)F B 51TE �u TIM -rop Nm y-'OTYb ll TEMMV1 , -T5 ptP ti's" 37-M Y%MI)(Z- • V.IZJG EXHIBIT C RECEIVE MAR 41987 DEVELOPER' S STATEMENT COMMUNITY DEVELOPMENT The Atascadero General Plan and Housing Element recognize the need for modest single family residential homes, particularly at' a more affordable price. Average in- come figures published by the State Board of Equalizat- ion for the County of San Luis Obispo indicated income for single person household in the $16 ,000 range and two person household $26,000 range. It is apparent from these income figures that efforts need to be made to provide more adequate housing at lower cost within our community. With small affordable lots non existent in Atascadero we come to the choice of Condo' s which our more affordable then the traditional single family residence, or Planned Unit Developments. We have chosen ,the P.U.D. which is similar to single family residence only on a very small size lot. Over the past several months there has been considerable discussion concerning apartments and multi family high density property in our community. The lot which we propose the develope is zoned mult family high density and provides for the development of seven apartment units. Our request for P.U.D. with five homes is a step toward the needs addressed in our Housing Element. As parents we made a decision several years ago to relocate here feeling Atascadero offered a better quality of life for our family. Now as the children have grown we realize that in order for them to re- main in Atascadero jobs and affordable ho---- --- our needed. One of our communities most v. E Xq1 F)ITC DWOD�5 57A7D%91)T 792! SAA1711 YmBLZ 7 k7Tm vE 7_0sC_TM AT 37-6b CkU FXN)A AI MP E• YGANb assets are the young people and steps need to be taken in order that they may remain in there home town. The Proposed project would be compatible with the surrounding area, and would reduce over all density. Edward Young 7421 Santa Ysabel Atascadero, Calif. 466-0759 2. The ideal development pattern that shall be promoted is similar to that conceived by E.G. Lewis , i .e. , a popula- tion of 20 , 000 to 30 ,000 people living in some 7,000 homes scattered over about 23, 000 acres of the Colony. Residential densities are proposed which create a devel- opment potential that will reach an ultimate population of about 34 , 000 . 3. The residential densities proposed in this Plan automati- cally ensure considerable open space. 4 . High density residential land uses shall serve as a buffer between commercial and single-family residential areas where appropriate. 5 . Residential density shall decrease as one moves outward from the core, in order to maintain the rural atmosphere of the community. This can be accomplished by a graded increase in lot size and a graded decrease in the per- mitted density of population. 6 . Multi-family residential use areas shall have a minimum building site of one-half acre. Smaller lot sizes may be allowed in conjunction with planned residential dev- elopments, including planned mobile home developments and subdivisions, provided that the overall density within the project is consistent with other density standards contained herein. 7 . Multi-residential density areas shall be considered in light of such specific factors as topography, traffic circulation, drainage fire protection and general level of use intensity at that location. 8 . In keeping with a basic goal to retain the rural atmos- phere of Atascadero, appropriate dens-ties , minimum lot sizes, setbacks and other development standards for dom- estic animal raising shall be established in the Zoning Ordinance. 9 . Hazard areas (geologic, land slide, flood, etc. ) shall have appropriate development standards . 10 . Lot splits shall be thoroughly evaluated and be in accordance with community plans and principles. Strict adherence to the lot sizes defined in this Plan is essential in order to retain the desired character of the community. Creation of lots smaller than those recommended must not be permitted if the maximum popu- lation of approximately 30 , 000 is to be maintained. "Reduction in size of existing nonconforming lots shall, how- ever , only be allowed with lot line adjustments to correct historical and geographical use prohl — �- the relocation of existing utilitie; EXL1191T D `t.-LWU9AL, -FLAV SM easements where no increase in overall ',7 t SRR y5/1-Bt,Z nW_T( MT Mfg 37-fiG 62 . r_ UFMV A- MET • YXAz W W EXHIBIT E - Findings of Approval TTM 37-86 - 7421 Santa Ysabel California Manor (Young/Volbrecht) 1. The creation of these parcerls will conform to the Zoning Ordin- ance and the General Plan Land Use Element Land Use Map and other General Plan policies. 2. The creation of these parcels is categorically exempt from the provisions of the California Environmental Quality Act (Section 15301 (k) ) . 3. Th - e site is physically suitable for the type of residential devel- opment opment that is proposed. 4. The site is physically suitable for the residential density of development that is 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. 0 0 EXHIBIT F - Conditions of Approval TTM 37-86 - 7421 Santa Ysabel California Manor (Young/Volbrecht) 1. Single family dwellings on Lots 3,4 & 5 shall install residential sprinkler systems as per National Fire Protection Association Standards for Residential Sprinkler System #13D (N.F.P.A. #13D) 2. Each lot shall have a separate water meter and service. 3. The applicant shall establish Covenants, Conditions, and Restric- tions (CC&Rs) for the regulation of land use, control of nui- sances, architectural control of all buildings, driveway and land- scaping maintenance. a. These CC&Rs shall be submitted for review and approval by the City Attorney and Community Development Department prior to approval of the final map. 4. Wastewater disposal shall be connected to the public sewer, and the applicant shall pay all appropriate fees in force at the time of recordation of the final map, to include sewer connection fee per single family dwelling unit as established by City Ordinnce. 5. Submit a soils report or engineer ' s certification that existing soils on the site are adequate to support proposed structures per Chapter 70, subsection (e) of the Uniform Building Code. The date of such reports, the name of the engineer making the report, and the location where the reports are on file shall be noted on the final map. 6. All conditions imposed on the project by Precise Plan 48-86 and building permits shall be satisfied prior to recording the final map. This shall include grading, drainage and road improvements to be completed or bonded for to the satisfaction of the Director of Public Works. 7. Zone Change 23-86 shall be approved and in effect prior to the recording the final map. 8. 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 Lot Division Ordinance prior to recordation. 4C W Exhibit F - Conditions of Approval TTM 37-86 - 7421 Santa Ysabel Page Two 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. Approval of this tentative tract 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. • M E M O R A N D U M TO: City Council July 14 , 1987 VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director SUBJECT: Acceptance of Final Parcel Map 8-86 LOCATION: 8460 Morro Road APPLICANT: Robert and Margaret Heely (Shirley Moore) • On May 12, 1986 , the City Council approved Parcel Map 8-86, sub- ject to certain conditions and in concurrence with the recommen- dation of the Planning Commission. The required conditions have been complied with and the final map is recommended for approval. HE:ps cc: Robert and Margaret Heely Shirley Moore CX4r(3l� F K.o Po 5ED ?ARC-EL M,4� Wuj 20 `O lip ytiW W � n ��W 2 :� .� � l ✓�/t �2 c23�3000 N Q tiQ btidO�Y zC4, �<�l V T�`1Z��~V • � h 2 W tivs�Q�d o �N D J P i I . ' Z Q q \ v 1 N 0 sz.og/ 14.11 LS ,U/V 2 �W i Q Tit I � K ': N a •� � i � � W � I i J z zu v N L^ ,oz oai 3.5s,es.o� s _ I MFE CA7L .r- M E M O R A N D U M TO: City Council July 14, 1987 VIA: Mike Shelton, City Manager FROM: Bob Best, Parks and Recreation Director aaj SUBJECT: Use Permits Renewal - Atascadero Lake BACKGROUND: The City currently has two concessions at Atascadero Lake oper- ated by an independent contractor. These are Pop' s Tackle Shoo 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 be paid to the City on a monthly basis. BB:ph U S E P E R M I T 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 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, hereinafter 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 enjoyment of the City Park System. WITNESSETH In consideration of the mutual covenants, conditions, promises, and agreements herein contained, the City and Permittee hereby mutually covenant and agree as 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 anO snacks. b. Furnish and install at his own expense 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 con- cession as herein provided. e. Operate the facilities in a business like manner and to the satisfaction of the Director, subject to the maintenance of 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 control 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 condi � tions of this permit. Permittee shall � operate e and maintain the premises and facilities together with the non- exclusive right to use access roads. -2- Permittee shall operate the facilities in accordan _ ce with the regulations and poli cies of the Director of Parks and Recreation and in accordance with the terms and condi- tions set forth in this permit. 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. Permitee shall remedy without delay any defective, dangerous or unsanitary conditions. A11 services performed by Permittee relating to the operation and management of the con- cession 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) and if proper authority should provide entertainment for the general public (such as a public display of fireworks) , but not limited thereto which by its nature and operation would endanger or tend to endanger occupants of 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. 2. Operating Hours: Permittee shall provide the services under this agreement on such days and such operating hours as are consistent with the demand of such services by . visitors to the park and its facilities subject to the requirements of the Director of Parks and Recreation. However, the Director of Parks and Recreation may consent, to the closure of the concession during certain winter months, however, Permittee may be required to pay the City a fee of 820.00 per month for each month closed during such period. 3. Condition of Premises: The taking of possession of the subject premises are in good and tenantable condition Permittee agrees to accept said premises in their presently existing condition "as is" and the City is not obligated to make any alterations, addi- tions or betterments. 4. Term: The term of this permit shall be for a period of one (1) year and shall eco=ence on June 1, 19 3 7 and end on Jane 3 0, 19 8 8. -3- both dates inclusive, unlie renewed or extended as hereinoovided. At the expiration or termination of this permit as herein provided, Permittee shall with thirty (30) 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 proviaon 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 expira- tion 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 matters over which Permittee has no control, flood, earthquake, riot, fair wear and 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 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. 5. Rental: Permittee shall pay the sum of eight percent (8%) of the total gross earnings of Permittee in this operation hereunder. Permitte 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 and col- lected 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 rea- sonable 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 made available to the City for reviewing purposes. 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 tenderingof 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. 6. Advertising: All advertising matter to be published or circulated by or on behalf of the Permittee shall be submitted to and approved by the City Department of Parks and Recreation prior to publication or circulation. 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 with the Permittee. 9. Construction or modification of Improvements: Permittee may construct, or make additions or modify with the approval of the Director of Parks and Recreation. Such construction or modifications shall first be obtained prior to such construction, modifications shall be without cost to the City. In the event that the construction modification or additions are desired, the approval, in writing, of the Director of Parks and Recreation 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. 10. Completion of Improvements: upon approval of and in accordance with the working drawings, plans and specificiations as prepared and submitted by Permittee to City for approval, Permittee shall immediately commence construction of the facilities described and prosecute the same for completion will be extended by a fair and reasonable period on account of any delay due to fire, earthquake, wars, strikes or other calamity be- yond the control of the Permittee. 11. Ownership of Improvements: Title to improvements on the premises at the com- mencement of this permit is retained by the City and this permit is subject to any *iY ghts of ownership in the improvements. All improvements constructed on the premises Permittee as permitted by this contract shall be owned by Permittee until expiration date of the term of this Permit. Permittee shall not however, remove any improvements from the premises nor waste destroy, or modify any improvements on the premises, except as permitted by this permit. -5 All improverrents on the premises at the expiration of the term or sooner termina- tion 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 Permitte shall defend and indemnify the City's exereise of the rights conferred by this paragraph. 12. Maintenance and Use of Improvements: Permittee agrees to maintain said facilities, further identified on exhibit "B" on the subject premises in good order and repair during the entire term of this permit. The City may elect to provide materials for repairs if the work is needed to eliminate safety or other types of problems. Permittee shall perform at his own cost and expense, any required custodial service and maintenance. 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 reponsible 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 alcholic beverages in or around the area by Permittee's employees. Permittee shall, at all times and at his own expense do all things reasonably necessary to protect the facilities used by Permittee and does hereby volunteer the services of this employees p oyees in that behalf. 10 The City also reserves the right to do any & all work of any nature necessary for the preservation, maintenance and operation of the Atascadero Lake Park. Permittee shall *be given notice when such work may become necessary and will adjust his operations in such a manner that the City may proceed expeditiously. The Permittee shall not grant, with respect to said premises, easements, rights of way, licenses and permits. It is understood and agreed that Permittee's services shall be provided during hours and days to meet the needs of the Public. Permittee shall, at all times when such concession is open to the public by Permittee, keep a minimum of one (1) person on the premises hereunder. 13. Utilities and Services: Permittee shall be responsible for the payment of all utility charges pertaining to its operation. 14. Equipment: Permittee at its own expenses, shall completely equip the concession and any improvements described herein and shall keep the same equipped in a first class manner and to the satisfaction of the Director of Parks and Receration, throughout the term of this permit. 15. Signs and Approval of Name: No signs, names or placecards shall be inscribed painted or fixed upon said premises without consent of the City Department of Parks ' and Recreation. -6- • • 16. Quality of Service and Controlled Rates and Charges: Permittee agrees that it will operate and manage the services and facilities offered in a first class manner and com- parable to other concessions providing similar facilities and services during the entire term of this 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 County 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 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 terms sold, the same shall be modified as directed by the City; provided that permittee prior to such modification shall be given a reasonable opportunity to confer with the City and justify such prices. The City reserves the right to prohibit the sale of any item which it deems object- ionable or beyond the scope of merchandise deemed necessary for proper services to the public, 17. Closure: At any time should an occurance necessitate the closing of the facility to the general public the Permittee shall have no resource by law to the city for losses- incurred. 18. Hold Harmless Agreement: Permittee hereby agrees to defend, indemnify and save harmless the City, their 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 in connection therewith. 19. 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 Employeer's Liability Insurance: Permittee shall main- tain 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 re- quirements with an insurance carrier satisfactory to the City. In the event Permittee is self-insured, he shall furnish a certificate of permission of self-insurance signed by the Department of Industrial Relations Administration of Self-Insurance Sacramento. b. Liability Insurance: Permittee shall maintain a full force and effect, for the period covered by this permit, bodily injury, 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 of this permit, or resulting from �Permittee's operations, or from Permittee's use of owned or nonowned automobiles. The amounts of insurance shall not be less than the following: -7- Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination of both - $500,000.00. The following endorsements must be attached to the policy: 1. If the insurance policy covers on an accident basis it must be changed to "occurrence". 2. The policy must cover personal injury as well as bodily injury. 3. The policy must cover complete contractual 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. City of Atascadero, and their officers, employees and agents shall be named as additional insureds under the policy, and the policy shall stipulate this insurance will operate as primary insurance and that no other insurance effected by the City or other named 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 said policy and a certificate of insurance shall be furnished the Parks and Recreation Department within twenty (20) days after execution of this permit. A certificate alone is not acceptable. Certificates and policies shall also state that the City is not liable for the payment of any premiums of 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 smitten notice to the 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 the City and shall have a policy holders surplus of at least ten (10) times the amountf 0 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 sublesseee may be held responsible for payment of damages resulting from its operation. 5. No policy is acceptable if it contains an exclusion relating to occurances in any manner arising out of the use of alcoholic beverages. 20. Taxes and Licenses: Permittee agrees to pay all lawful taxes, assessments or charges which at any time may be levied by the State, County, City or any possessory right i:ihich Permittee may have in or to the premises covered hereby or the improvements thereon by reason of its use or occupany therof or otherwise as well as all taxes, assessments and charges on goods, merchandise, pictures, appliances, equipments and property o,.:ned by it in or about said premises. Permittee shall and does hereby assume responsiblity for payment of any and all licenses applicable to his operation of said premises. 21. 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. 22. Inspection and :Maintenance: The City reserves the right of ingress and egress to inspect, investigate and survey said premises as deemded necessary to the City. 23. 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 at: 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 Department The address to which the notice 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 any such notice by personal service. 24. Interpretation of Permit: This permit is made under and is subject of the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. 25. Waiver of Permit Terms: No waiver by City at any time of any 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 failure or ommission of the City to re- enter the premises or to exercise any right, power or privilege or option arising from any default nor any subsequent acceptance of rent then or thereafter accrued shall impair any such right, power, privilege or option or be constructed 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 constructed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options and remedies given to the City by this ermit shall be deemed cumulative. 9 � • • 26. Modificatiazof 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 reasonable extensions of time to Permittee for any purpose for the performance of any obligation of Permittee hereunder. 27. Breach of Contract: 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 become due, or if default be made in any of the terms, agreements, conditions or convenants herein contained on the part of the Permittee, or should Permittee become insolvent, or bankrupt, either voluntarily or involuntarily, then and in such even 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. 28. Assignment and Subleases: Permittee shall neither assign, sublease or other- wise 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 by 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 the interet of Permittee granted by this permit, his interest shall also be terminated. However, in the event of termination of this permit the City at its sole option, may elect to treat any assignee, subtenant, or holder of an interest conveyed by permittee. 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 judge- ment 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 event of any action or suit upon this permit by City, if it shall prevail, 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 here for the termination of this permit by the City of in the 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 irrevocable appoints the City its agent to remove any and all persons or property on said premises and place any such property storage for the account of at the expense of Permittee. inO 32. Duration of Public Facilities: By entering into this permit, the City makes no stipulation as to the type, size, location or duration or public facilities to be maintained at said facility. -10, 33. Time of Essence: Time shall be of the essence in the performance of this permit. 34. Eminent Domain: If, during the term of this permit, any property described herein or herafter added hereto is taken in eminent domain, the entire award shall be paid to the City. 35. Hazardous Substances: Not goods, merchandise or materials 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 carriaion therein or thereon, and nothing shall be done on said premises, other than is authorized which will in any way injure said premises or structures; provided that nothing contained in this paragraph shall preclude Permitte 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. 36. 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. 37. Nondiscrimination: Permittee and his employees shall not discriminate because of race, sex, age, religion, color, national origin or marital status against any person refusing to furnish such person any accomondation, facility, service or privilege offered to or enjoyed by the general public. Nor shall Permittee or its employees publicize the accommodations, facilities, services or privileges in any manner would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, sex, age, religion, color, national origin or marital status. In the performance of this permit, Permittee will not discriminate against any employee because of race, sex, age, religion, color, national origin, or marital status. 38. Independent Contractor. permittee enters into this agreement solely and exlusively as an independent contractor and only in capacity and not as a partner, employee or other agent of the City. 39. 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. 40. Permit in Counterparts: This permit is executed in counterparts, each of which shall be deemed an original. 41. Contract documents: the complete permit beti%,een the parties hereto. shall consist of the identified documents. This permit titled "Use Permit", Exhibit "A" , 42. 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. -11 � • 43. 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. CITY COUNCIL ADOPTION DATE: ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD SHARITZ , CITY CLERK BARBARA NORRIS , Mayor APPROVED AS TO CONTENT: MICHAEL SHELTON, CITY MANAGER APPROVED AS TO FORM: JEFFREY G. JORGENSEN, CITY ATTORNEY PREPARED BY : 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 19 relating to insurance. RICHARD OSWALD, Permittee • U S E P E R M I T DUCK HUT The CITY OF ATASCADERO, a municipal corporation of the State of Cali ornia hereinafter called City, having property or space not presently lo- required for use for City purposes , hereby gives permission, pursuant t the provisions of Government Code Section 25536 , to Richard Oswald, here- inafter 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 mutually covenant and agree as follow: 1. Grant and Description of Premises : The City , for and in consider- ation 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 . 40 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 theremises are re in good g & tenantable condition. Permittee agrees s toacce t 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 year , and shall commence on June 1 , 1987 and end on June 30 , 1988 both dates inclusive . At the expiration or termination of this permit as here provided , Permittee shall within thirty ( 30) 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 provisions of paragraph 10 of this permit . Should Per- mittee fail to remove or dispose of his property as herein provided , the OSWALD USE PERMIT -JOCK HUT • City may, at its election, consider such property abandoned or may dis- pose of same at the Permittee'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 matters over which Permitee has no control excepted, provided that such exculpatory provisions shall not extend to any risk which Per- mittee is required to insure against as herein stated rent, subject otherwise to all the terms and conditions of 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 quitclaim deed to the premises described herein, including the improve- ments 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 here- in 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 8% of the monthly gross receipts, due and payable on the first City working day of each month. Permittee shall make his books available and shall make an accounting within 30 days of the termination of this permit. Payment shall be made to: City of Atascadero, Parks and Recreation Department, P.O. Box 747, Atascadero, CA 93423. The term "gross receipts" , wherever used in this permit, shall mean all monies, property or any other thing of value received by Permitee 0 from the use of the premises described above without any deductions pro- vided that the term "gross receipts" shall not include any sales or excise taxes imposed by any government entity and collected by Permittee. Permittee shall maintain such records and accounts as the City Fi- nance Department shall require. The City shall have the right through i.ts representative, 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 re- turns of Permittee insofar as this permit is concerned shall be made available to the City. The City further reserves the right to examine all such books and records at any time during the one (1) year period following the termin- ation of this permit. 6. Use of Premises : Permittee may use the premises for the follow- ing purpose only: Operation of a Food Concession Stand and such other items as may from time to time be approved by the Director of Parks and Recreation and said City. Permittee shall offer such products (exclud- ing alcoholic beverages) and shall operate in such a manner as shall be approved by the County Health Department and the City Department of Parks and Recreation. 2 OSWALD USE PERMIT - DUCK HUT The sale of liquor, beer or other alcoholic beverages on the subject premises is expressly prohibited. The Permittee shall have the right and duty to manage , operate and control all of the above mentioned activities and to do all things nec- essary in the exercise of such management , operation and control subject to the terms and conditions of this permit . Permittee shall operate the concession facilities in accordance with the regulations and policies of the Director of Parks and Recreation, and in accordance with the terms and conditions set forth in this permit . Permittee shall not use or permit the subject premises to be used in whole or in part during the term of this permit for any purpose otter than as set forth without the prior consent of the City first hand and obtained. Permittee expressly agrees at all times during the term of this permit , at its own cost and expense , to maintain and operate such premises and areas adjacent , in a clean , safe , wholesome and sanitary condition , free of trash, garbage or obstruction of any kind, and in com- pliance with any and all present and future laws , rules , regulation of 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 and city governmental bodies or departments or officers thereof , and this permit is expressly subject to the provisions and requirements of any existing and future agreements between the City and the United States or the State of California or the County of San Luis Obispo relative to the develop- ment , operation or maintenance of the Park. Permittee shall remedy without delay any defective , dangerous or unsanitary condition. 7 . 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. 8 . Title to Improvements : Permittee acknowledges that title to all real property is vested in the City. 9. Personal Property: Title to all personal property provided by the permittee shall remain in the Permittee . 10. Construction or Modification of Improvements : Permittee may con- struct 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. . s 3 OSWALD USE PERMIT - DUCK HUT _ 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 tie premises at the commencement of this permit is retained by tie City and this permit is subject to any rights of ownership in the improvements. All imn_ rovements constructed on the premises tl, 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 nor 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 becomePermittee, becoe 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. Maintenace and Use of Improvements: Permittee agrees to maintain any and -all concession facilities on the subject premise 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, pro- vided 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 PurPermittee to proceed with such maintenance or repairrseatfhis aown ng 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 4 OSWALD USE PERMIT DUCK HUT alcoholic beverages in or around the area by Permittee' s employees. Permittee shall, at all times and at his own expense, do all things reasonably necessary for the preservation, maintenance and operation of the concession. The City also reserves the right to do any and all work of any nature necessary for the preservation, maintenance and operation of the park in any areas within the confines of said park. Permittee shall be given notice when such work may become necessary and will adjust concession operations in such a manner that the City may proceed expeditiously. The Permittee shall not grant, with respect to said premises, easements, rights-of-way, license and permits. 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 keen 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 term of the permit. Within the terms 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 an which it deems object ' Y item iona ble or beyond t d Y he scoe of deemed necessary for proper service to the public. Amerchandise employee shall .be on the premises at all times while the con-- cession is in operation. Permittee shall post rates and prices for all rentals and services in such places as may be designated by the City. 5 OSWALD USE PERMIT - DUCK HUT 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. Liabilitv Insurance: Permittee shall maintain in full force and effect, for the period covered by this permit, boily 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, death resulting therefrom and damage property including from any act or occurrence occurring in orabout,thesulting 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 - 8300 ,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 ;over 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 6 OSWALD USE PERMIT •CK HUT from the basic policy and endorsements . 4 . BROAD FOR;%I 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 named 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 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 held responsible for payment of damages resulting 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 h hereinabove , for any occurrence arising out of the use of alcoholic beverages . d. If permittee does not keep the insurance required by this full paragraph in full force and effect at all times during the term hereof , this permit shall immediately and 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 ter:*ination specified herein . 7 OSWALD USE PERMIT DUCK HUT 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 asssessment 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 othenfise 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 as deemed necessary by the Cit premises of an nature for the y� and the right to do any and all work y 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, post4ge prepaid and addressed as follows: To the Permittee: Richard Ostwald , P.O. BOX 932 Atascadero, CA .93423 To the City: P.O. Box 747 Atascadero, C,,,,,, 33423 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 part to the other as therein before provided, but nothing herein contained shall preclude the giving of any such notice by personal service. 25. Interpretation of Permit: This permit " is made under and is subject to the laws of the State of California in all respects as to interpretation construction, operation, effect and performance. 26. 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 anv other term, condition .or covenant herein contained, not of the strict and prompt performance threof. 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 re- linquishment 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 8 OSWALD USE PERMIA DUCK HUT instances. The rights, powers, options, and remedies given to the City by this permit shall be deemed cumulative. 27. 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. 28. 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. Anv 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 the interest of Permittee granted by this permit, his interest shall also be terminated. However , in the event of 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. 29. 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 opgtion 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. 30. 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 thevalidit . of this permit, or anv part thereof or by an judgment or award in any suit or rocee" iy g t di P ng declaring this permit null, void or voidable, or delaying the same or any part thereof from being carried out. 31. 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. 9 OSWALD USE PERMIT ODUCK HUT 32., Right of Entry as Agent: In any case in which provision is made herein for the termination of this permit by the City or in case of abandonment or vacating of the premises by Permittee, the City in lieu 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. 33. 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 par{ . - 34. Time of Essence: Time shall be of essence in the performance of this permit. 35. 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. 30'. Photography: The City may grant permits to P 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. 37. 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. 38 .: 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 acccmmodations, facilities, services or privileges in any ,canner 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. 10 -OSWALD USE PERMIT _ DUCK HUT In the performance of this permit , Permittee will not discrimate against any employee or applicant for employment because of race , sex, age, color, marital status , religion , ancestry or national origin. 39 . 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 . 40: Permit in Counterparts : This permit is executed in counter- parts , each of which shall be deemed an original . 41. 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 42 . 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. 43• 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 effecitve only upon execution by the City Council. 44 . Advertising: Permittee •shall not advertise or permit any publi- city designed to attract the general public to an activity conducted by Permittee within the confines of said part 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 APPROVED AS TO CONTENT: MICHAEL �LTO.� CIT Y ; A\ AGER _. APPROVED AS TO FORM: PREPARED BY- JEFFREY BEST JEFFREY JORGENSEN, CITY ATTORNEY , Parks & Recreation Director OSWALD USE PERMIT - DUCK HUT Permittee accepts the foregoing useermit subject to all P � 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 DATVj 71�/g ^';- / i M E M O R A N D U M TO: City Council THROUGH: Mike Hicks , Acting City Manager FROM: Paul M. Sensibaugh, Director of Public Works SUBJECT Resolution Establishing a No Parking Zone on West Mall at the Intersection of Palma Avenue DATE July 6, 1987 Recommendation : The Traffic Committee recommends that Council adopt the attached Resolution , Background: • A request was made to investigate the possibility of establishing No Parking zones on West Mall and Palma due to the sight distance problem for motorists crossing West Mall on Palma Avenue . It was determined that by establishing No Parking zones on the northeast and southwest corners of the intersection the sight distance at this intersection can be improved, Fiscal Impact The cost of this revision will be approximately $200 and will be paid out of the street fund. • RESOLUTION NUMBER 60-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A "NO PARKING" ZONE ON WEST MALL AT THE INTERSECTION WITH PALMA AVENUE WHEREAS, Section 4-2.1101 et sequence of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of NO PARKING areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Traffic Committee has studied the traffic concerns at the intersection of West Mall and Palma Avenues, and have recommended a NO PARKING ZONE be established on West Mall at the northeast and southwest corners for a distance of 20 feet from the intersection of Palma Avenue. NOW, THEREFORE, be it resolved that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings, as indicated above. On motion by Councilmember and seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES • NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD C. SHARITZ BARBARA NORRIS City Clerk Mayor APPROVED AS TO FORM: JEFFREY G. JORGENSEN City Attorney APPROVED AS TO CONTENT: PAUL M. SENSIBAUGH Director of Public Works/ City Engineer DAIS 7 M E M O R A N D U M TO City Council THROUGH: Mike Hicks , Acting City Manager FROM: Paul Sensibaugh, Director of Public Works SUBJECT : Resolution Establishing a Stop Intersection on Dulzura Avenue at Bajada Avenue DATE: July 6, 1987 Recommendation : The Traffic Committee recommends that Council adopt the attached Resolution establishing a Stop intersection on Dulzura Avenue at the intersectionof Bajada Avenue . Background: The Traffic Committee received a request to investigate the possibility of creating a Stop intersection at the subject location . The site was observed by the Committee members and it was determined that the creating of a Stop Intersection would improve the safety of this location , Fiscal Impact : The cost to the City is approximately $75 to be paid out of the street funds , I' • RESOLUTION NO. 61-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON DULZURA AVENUE AT THE INTERSECTION . WITH BAJADA AVENUE WHEREAS, Section 4-2 .801 et seq, of the Atascadero Municipal Code allows the City Traffic Engineer to deterine the location of STOP intersections , and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic Committee has recommended that establishing a STOP intersection on Dulzura Avenue at the intersection with Bajada Avenue will alleviate a hazardous traffic condition; NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by and seconded by ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote : AYES: NOES : ABSENT : ADOPTED: ATTEST : CITY OF ATASCADERO, CALIFORNIA BOYD C . SHARTIZ, City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works City Engineer V sit MEMORANDUM TO: City Council THROUGH: Mike Shelton , City Manager FROM: Paul Sensi augh, Director of Public Works AKS SUBJECT : Annual Assessment Charges for Street Maintenance Districts DATE: July 1 , 1987 Recommendation : Staff recommends that Council approve the attached resolutions authorizing the annual assessment rate for • the following Street Maintenance Districts : 83-1 Lobos Lane 83-2 Sonora/Pinal 83-3 Malaza Avenue 86-1 Falda Avenue 86-2 Pinal/Escarpa Avenues 86-3 Aguila Avenue 86-4 Cayucos Avenue Background: Street surfacing was done in all of these districts under provisions of the Streets and Highways Code . The estimate of $20 . 00 per parcel is based upon accomplishing minor maintenance work during the 1987-88 fiscal year . It is required that this special tax rate be established prior to August 10 in order to appear on next year' s property tax roll . Fiscal Impact ; Pursuant to the provisions of these resolutions , all funds received by the City Treasurer from the Tax • Collector shall be deposited into funds established for each specific maintenance district . RESOLUTION NO. 62-87 • RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 83-1 LOBOS AVENUE WHEREAS, the Council has previously approved the formation of Maintenance District 83-1 ; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 83-1 ; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; 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 . Based on an estimate of the Public Works Director , the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 83-1 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July , 1987 and ending the 30th day of June, 1988 . Section 4 . The works of improvement and maintenance performed within Maintenance District 83-1 shall be 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 into the special fund known as "City of Atascadero Maintenance District 83-1 , Lobos Avenue" pursuant to the provisions of this resolution and law, and 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 this resolution with the County Auditor upon its adoption. Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. 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 roll call vote AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD C. SHARITZ, City Clerk BARBARA NORRIS, Mayor M APPROVED AS TO FORM: APPROVED AS TO CONTENT : , s JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH c,,414 City Attorney Director of Public Works/ City Engineer LOBOS LANE Assessor's Parcel Amount Property Owner 29-222-26 $20.00 Simon, E P.O. Box 2081 Atascadero 29-222-21 20.00 Anderson, R 5580 Lobos Lane Atascadero 29-222-20 20.00 Kohout, R 5620 Lobos Lane Atascadero 29-222-19 20.00 Burce, RC 4360 Cayucos Atascadero 29-222-18 20.00 Burce, RC P.O. Box 497 Atascadero 29-222-35 20.00 Mansfield, G 4612 So. 5th Street Arlington, VA 22204 29-272-13 20.00 Bovee, E 5665 Encima Atascadero 29-272-23 20.00 Bovee P.O. Box 1025 Atascadero 29-272-24 20.00 Anderson 5660 Lobos Atascadero 29-272-16 20.00 Dodge 5670 Lobos Atascadero 29-231-15 20.00 Klatt, M 5675 Lobos Lane Atascadero 29-231-01 20.00 Fakhuri, GE 5625 Lobos Lane Atascadero RESOLUTION NO. 63-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 83-2 SONORA/PINAL WHEREAS, the Council has previously approved the formation of Maintenance District 83-2 ; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 83-2 ; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; 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 . Based on an estimate of the Public Works Director, the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 83-2 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July , 1987 and ending the 30th day of June, 1988 . Section 4 . The works of improvement and maintenance performed within Maintenance District 86-3 shall be 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 . ! • 0 Soction 5 , The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 83-2 Sonora/Pinal Avenues" pursuant to the provisions of this resolution and law, and 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 this resolution with the County Auditor upon its adoption . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. 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 roll call vote : S AYES: NOES ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD C . SHARITZ, City Clerk BARBARA NORRIS, Mayor N APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer SONORA/PINAL Assessor's Parcel # Amount Property Owner 29-181-06 $20.00 Theriault, D 7380 Pinal Atascadero, CA 93422 29-181-05 20.00 Castellano, L 1550 E. Shaw Ave, E101 Fresno, CA 93710 29-181-41 20.00 Savoy, D P.O. Nox 1209 Atascadero 29-181-40 20.00 Ballard, E 7320 Pinal Atascadero 29-181-02 20.00 Caudill, D 7310 Pinal Atascadero 29-181-46 20.00 Miles, T 7370 E1 Camino Real Atascadero 29-121-03 20.00 Hyde, J 7375 Pinal Atascadero 29-121-02 20.00 Ratcliff, B 7345 Pinal Atascadero 29-121-01 20.00 Dohrmann, L 4801 Jellett San Diego, CA 29-181-45 20.00 Wiley, R P.O. Box 1707 Atascadero 29-181-16 20.00 Silva, M 7335 Sonora Ave Atascadero 29-181-51 20.00 Cardinale, H 7355 Sonora Atascadero 0 • Assessor's Parcel # Amount Property Owner 29-181-52 20.00 Good, D 7375 Sonora Atascadero 29-171-21 20.00 Rachunok, G 7370 Sonora Atascadero 29-171-03 20.00 Calkins, F 310 NW 4th St John Day, OR 97845 29-171-03 20.00 Garnett, J P.O. Box 514 Atascadero 29-171-01 20.00 Willis Box 338 Cabin Creek, West VA 29-161-04 20.00 Derby, C P.O. Box 86 Atascadero 29-161-09 20.00 Rogers, B P.O. Box 943 Atascadero RESOLUTION NO. 64-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 83-3 MALAZA AVENUE WHEREAS, the Council has previously approved the formation of Maintenance District 83-3; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 83-3; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; 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 . Based on an estimate of the Public Works Director, the Council sets a special tax rate of Twenty Dollars ($20 .00) per parcel as identified in the assessment diagram for Maintenance District 83-3, said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July, 1987 and ending the 30th day of June, 1988 . Section 4 . The works of improvement and maintenance performed within Maintenance District 83-3 shall be performed P 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 . • • Sectton S . The Cit Treasurer shall lace all monies Y p collected by the Tax Collector-into the special fund known as "City of Atascadero Maintenance District 83-3, Malaza Ave." pursuant to the provisions of this resolution and law, and 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 this resolution with the County Auditor upon its adoption . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. 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 roll call vote : AYES : NOES : ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD C. SHARITZ , City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer MALEZA AVENUE Assessor's Number Amount Property Owner 29-121-07 $20.00 Aldrich, R 5360 Maleza Atascadero 29-121-06 20.00 Roberts, P 5380 Maleza Avenue Atascadero 29-121-05 20.00 Lidoff, K 5390 Maleza Atascadero 29-121-20 20.00 Trigo, R 5400 Maleza Atascadero 29-121-19 20.00 Coleman, M 5420 Maleza Atascadero 29-131-26 20.00 Thompson, B P.O. Box 233 Santa Margarita 29-131-23 20.00 Reynolds, D 5425 Maleza Atascadero 29-131-25 20.00 Dillon, R 5385 Maleza Atascadero 29-131-02 20.00 Chevron USA 2525 North Chester Bakersfield RESOLUTION NO. 65-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 86-1 FALDA AVENUE WHEREAS, the Council has previously approved the formation of Maintenance District 86-1 ; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 86-1 ; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; 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 . Based on an estimate of the Public Works Director, the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 86-1 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3 . The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July, 1987 and ending the 30th day of June, 1988 . Section 4 . The works of improvement and maintenance performed within Maintenance District 86-1 shall be 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 into the special fund known as "City of Atascadero Maintenance District 86-1 Falda Avenue" pursuant to the provisions of this resolution and law, and 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 this resolution with the County Auditor upon its adoption . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. 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 roll call vote : AYES : NOES : ABSENT: ADOPTED: ATTEST : CITY OF ATASCADERO, CALIFRONIA BOYD C . SHARITZ, City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer FALDA AVENUE Assessor's Number Amount .Property Owner 49-301-04 $20.00 Peterson 4640 San Anselmo Atascadero, CA 93422 49-301-17 20.00 Dicky 10440 Culver Culver City, CA 90230 49-301-07 20.00 Smith 3855 Falda Avenue Atascadero, CA 93422 49-301-08 20.00 Messer 7450 Morro Road Atascadero, CA 93422 49-301-21 20.00 Moze - 202 Lomo Road San Carlos, CA 49-301-20 20.00 Burt 3650 Amargon Atascadero,CA 93422 49-302-34 20.00 Thompson 3580 Falda Avenue Atascadero, CA 93422 49-302-35 20.00 Fernandez 3650 Falda Avenue Atascadero, CA 93422 49-302-10 20.00 Mora 3720 Falda Road Atascadero, CA 93422 49-302-06 20.00 Rominger i 3860 Falda AVenue Atascadero, CA 93422 49-302-07 20.00 Drew 3790 Falda Avenue Atascadero, CA 93422 . 49-302-01 20.00 Duty 4650 San Anselmo Atascadero, CA 93422 • 1 RESOLUTION NO. 66-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 86-2 PINAL/ESCARPA WHEREAS, the Council has previously approved the formation of Maintenance District 86-2 ; and WHEREAS, certain street improvements were constructed under. the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 86-2 ; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said , maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; 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 . Based on an estimate of the Public Works Director , the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 86-2 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the lst day of July , 1987 and ending the 30th day of June, 1988 . Section 4 . The works of improvement and maintenance performed within Maintenance District 86-2 shall be 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 i y Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 86-2 , Pinal/Escarpa" pursuant to the provisions of this resolution and law, and 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 this resolution with the County Auditor upon its adoption . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. 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 roll call vote : AYES: NOES : ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD C . SHARITZ, City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT JEFFREY G. JORGENSEN FA��`SB� City Attorney Director of Public Works/ City Engineer PINAL/ESCARPA AVENUES Assessor's Number Amount Property Owner 29-111-06 $20.00 Molina P.O. Box 1435 Atascadero, CA 93423 29-111-05 20.00 Molina P.O. Box 1498 Atascadero, CA 93423 29-111-02 20.00 Clayburg P.O. Box 2125 Atascadero, CA 93423 29-111-03 20.00 Callerman 9456 Carmel Road Atascadero, CA 93423 29-111-04 2Q.00 Kroger 7285 Pinal Atascadero, CA 93422 29-161-08 20.00 • &raemer 5155 Escarpa Atascadero, CA 93422 .29-161-07 20.,00 Chisholm 5205 Escarpa Atascadero, CA 93422 0 0 RESOLUTION NO. 67-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 86-3 AGUILA AVENUE WHEREAS, the Council has previously approved the formation of Maintenance District 86-3; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 86-3; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; 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 . Based on an estimate of the Public Works Director, the Council sets a special tax rate of Twenty Dollars ($20 . 00) per parcel as identified in the assessment diagram for Maintenance District 86-3, said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July, 1987 and ending the 30th day of June, 1988 . Section 4 . The works of improvement and maintenance performed within Maintenance District 86-3 shall be 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 into the special fund known as "City of Atascadero Maintenance District 86-3 Aguila Avenue" pursuant to the provisions of this resolution and law, and 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 this resolution with the County Auditor upon its adoption . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8 . 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 roll call vote : AYES : . NOES : ABSENT : ADOPTED: ATTEST : CITY OF ATASCADERO,CALIFORNIA BOYD C . SHARITZ , City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer AGUILA AVENUE Assessor's Number Amount Property Owner 30-321-10 $20.00 Gaultney P.O. Box 1183 Atascadero, CA 31-012-16 20.00 Miyamoto P.O. Box 1555 Atascadero, CA 93423 31-012-04 20..00 Michaelson 7450 Morro Road Atascadero, CA 93423 31-012-17 20.00 Menkel 5310 Aguila Atascadero, CA 93423 31-012-20 20.00 Porter P.O. Box 1481 Atascadero, CA 93423 i • RESOLUTION NO. 68-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 86-4 CAYUCOS AVENUE WHEREAS, the Council has previously approved the formation of Maintenance District 86-4 ; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911 ; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 86-4 ; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements ; 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 . Based on an estimate of the Public Works Director , the Council sets a special tax rate of Twenty Dollars ($20 .00) per parcel as identified in the assessment diagram for Maintenance District 86-4 , said special tax to cover the expense of maintaining road and drainage improvements within said district during the ensuing year . Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the 1st day of July, 1987 and ending the 30th day of June, 1988 . Section 4 . The works of improvement and maintenance performed within Maintenance District 86-4 shall be 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 into the special fund known as "City of Atascadero Maintenance District 86-4 Cayucos Avenue" pursuant to the provisions of this resolution and law, and 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 this resolution with the County Auditor upon its adoption . Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption . Section 8. 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 roll call vote : • AYES : NOES : ABSENT: ADOPTED: ATTEST : CITY OF ATASCADERO, CALIFORNIA BOYD C. SHARITZ, City Clerk BARBARA NORRIS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Director of Public Works/ City Engineer CAYUCOS AVENUE Assessor's Number, ' Amount Property Owner 29-212-12 $20.00 Porter P.O. Box 1481 Atascadero, CA 93423 29-212-11 20.00 Day 8205 San Rafael Atascadero, CA 93422 29-212-13 20.00 Irwin • 4235 Cayucos Atascadero, CA 93422 29-212-15 20.00 Irwin 4235 Cayucos Atascadero, CA 93422 29-212-23 -- 20.00 Hoag 4255 Cayucos Atascadero, CA 93422 29-261-07 20.00 •Lagrange 4350 Valdez Atascadero,. CA 93422 29-261-01 20.00 Pembroke P.O. Box 695 Riverside, CA 92502 29-261-12 20.00 Sutter P.O. Box 1428 Atascadero, CA 93423 29-261-17 20.00 Lees P.O. Box 2265 Atascadero, CA 93423 29-261-19 20.00 Safranek 4055 E1 Camino Real Atascadero, CA 93422 29-261-14 20.00 Safranek 4055 E1 Camino Real Atascadero, CA 93422 • MEMORANDUM TO; City Council THROUGH: Mike Hicks , Acting City Manager FROM: Paul Sensibaugh, Director of Public Works SUBJECT : Disposal of Surplus Beams DATE: July 7, 1987 Recommendation : Staff recommends that Council authorize the sale of surplus beams and miscellaneous hardware. Background: Upon demolition of the former Scolari Market the metal building was donated to the City for possible future use at the Street Department Corporation Yard. • It has since that time been determined that the materials are not suitable for our use and would not be a cost effective method of construction . Discussion : The Public Works Department has had a number inquiries within the past year regarding the purchase of the materials . It is proposed that Council declare these materials surplus and authorise staff to advertise them for sale to the highest bidder . Fiscal Impact : An approximate sales price of $3000 is anticipated. i 0097 • M E M O R A N D U M TO: City Council July 14, 1987 VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director SUBJECT: Acceptance of Final Lot Line Adjustment 5-87 LOCATION: 3905 E1 Camino Real APPLICANT: David Zimmer (Alan Volbrecht) • On April 28, 1987, the City Council approved Lot Line Adjustment 5-87 subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The required condi- tions have been complied with and the final map is recommended for approval. HE:ps cc: David Zimmer Alan Volbrecht • I, EX418t7 S tro-F- Li►,� Ad}v�-�w►ay+-H Mar UA 5'-3-7 k SO' SO' ,I11'>!'tiYf fdlS A• r h L Q e �,rwflt `j - �� .wa it 7ss• aMme•---_____=-- y 4 1. M a / �A^` 1 I • w 4� I ISE t� 0� S 3pi If C C A4 i y AGOIIIA 97 11EM • M E M O R A N D U M TO: City Council July 14, 1987 VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director SUBJECT: Road Abandonment 4-86 LOCATION: 9590 Marchant Way APPLICANT: Alvin H. Thompson (R.W. Morris) REQUEST: To allow an abandonment of a portion of the Marchant Way right-of-way. BACKGROUND: • On June 2, 1987, the Planning Commission conducted a public hearing on the above-referenced request. Upon review, the Commission recommended approval of the application subject to the fndings and conditions of approval as outlined in the attached staff report. There was some discussion and public testimony given as reflected in the attached minutes excerpt. On June 23, 1987 the City Council approved Resolu- tion 59-87 advising of a public hearing to be heard on July 14, 1987 to consider abandonment. RECOMMENDATION: Approval of Resolution No. 69-87 for approval of Road Abandonment 4-86 and for the City Council to direct staff to work on some type of nego- tiation between the surplus property in front of Lot 79 and Park Res- ervation "A" . A lot merger shall be required as a condition of any property sales. HE:ph Enclosure: Draft Resolution 69-87 Staff Report - June 2, 1987 Minutes Excerpt - June 2, 1987 cc: Alvin Thompson R.W. Morris • RESOLUTION 69-87 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO VACATING A PORTION OF MARCHANT WAY PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320 ADJACENT TO LOT 79 9590 MARCHANT WAY WHEREAS, the Council of the City of Atascadero, by Resolution No. 59-87 advised of its intent to vacate a portion of Marchant Way as shown on the attached Exhibit; and WHEREAS, the City Council finds that Streets and Highways Code Section 8322 requiring notice of public hearing by publication, and Streets and Highways Code Section 8323 requiring notice of proposed vacation by posting, to have been substantially complied with; and WHEREAS, the City Council has at the public hearing received and considered all evidence offered by interested persons, and finds from all evidence submitted, that a portion of Marchant Way is unnecessary for present or prospective public use; NOW, THEREFORE, the Council of the City of Atascadero does re- solve as follows: • 1. The proposed road abandonment of the Marchant Way right-of-way outside Park Reservation "A" is not in conformance with the City' s General Plan policies of preserving potential parkland and acquir- ing additional recreational areas in the Atascadero Lake area. 2. The proposed road abandonment of the Marchant Way right-of-way outside Lot 79, Block JC is in conformance with the General Plan. 3. Marchant Way has been constructed outside the right-of-way and provides adequate circulation in the area. The right-of-way is not necessary for future road purposes. 4. The right-of-way is unsuited for development as a non-motorized transportation facility i.e. , primarily , for the use of pedest- rians, bicyclists, or equestrians. 5. The vacation of this right-of-way is Categorically Exempt (Class 5) under the provisions of the California Environmental Quality Act. RESOLUTION NO. 69-87 6. The Council now vacates a portion of Marchant Way, pursuant to Streets and Highway Code Chapter 3, Section 8320 subject to the following conditions of approval: (1) The property owner shall obtain fee title to the 1/2 road section of Marchant Way adjacent to Lot 79. (2) The property owner shall seek and obtain the declaration of the remaining 1/2 road section and land between the right-of-way and the existing Marchant Way as City surplus property and purchase accordingly. (3) The property owner shall indemnify and "hold harmless" the City from claims that may arise from the abandonment proce- dure. This agreement shall be reviewed and found acceptable by the City Attorney. (4) As a part of the abandonment procedure, the City shall retain a 15 foot sanitary sewer easement (7 1/2 feet on each side of the existing sewer line) . A meets and bounds description shall be prepared and found acceptable. This shall be shown on the document to be recorded. (5) All conditions of this approval must be completed prior to or simultaneous to the recording of the abandonment resolution. 7. The City Clerk shall cause a certified copy of the Resolution of Vacation, attested by the City Clerk under seal, to be recorded without acknowledgment, or further proof, to be recorded in the office of the County Recorder. On motion by and seconded by the motion was approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: BY: BARBARA NORRIS, Mayor City of Atascadero, California RESOLUTION 69-89 S 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: - i� 7�000 � • HENRY ENGE , Community Development Director rs /f 0 Q City of Atascadero Item: B.4 STAFF REPORT FOR: Planning Commission Meeting Date: June 2, 1987 BY: -�%oug Davidson, Assistant Planner File No: Road Abandonment 4-86 Project Address: 9590 Marchant Way SUBJECT•. To allow an abandonment of a portion of the Marchant Way right-of-way. BACKGROUND: Notice of public hearing was published in the Atascadero News on May 22, 1987, and all property owners located within 300 feet were noti- fied on that date. The notice included the posting of the property as required by the Street and Highways Code. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . .. .Alvin H. Thompson 2. Representative. . . . . . . . . . . . . . .R.W. Morris 3. Streets. . . . . . . . . . . . . . . . . . . . . .Marchant Way and Santa Rosa are City-maintained streets 4. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-X (Residential Single Family, 20 ,000 square feet minimum lot size with sewer) 5. Existing Use. . . . . . . . . . . . . . —Single Family Residence 6. Adjacent Zoning and Use. . . . . .North: L (FH) - Atascadero Lake South: RS, Residential East: L (FH) - Atascadero Lake West: RSF-X, Residential 7. General Plan Designation. . . . .High Density Single Family Resi- dential 8. Environmental Status, . . . . . . . .Categorically Exempt - Class 5 f C. ANALYSIS: • When this application was first received, it raised several issues. It was reviewed as a part of the City-wide road owner- ship question, and furthermore for the proper procedure to aban- don City right-of-ways. The City Attorney has advised us that this is the proper procedure. The applicant is proposing abandoning a portion of the Marchant Way right-of-way (fronting on lots 79 and Park Reservation A) . As Exhibit C shows, the existing single family residence is built within the road right-of-way. The applicant would like to abandon the right-of-way to allow for an addition to the residence. Ad- ditionally, the applicant owns the property designated Park Reser- vation "A" (Exhibits B&C) , and would like to abandon the road right-of-way along this property. The City owns the remaining piece shown as Assessor ' s parcel 23 in Exhibits B and C. If the right-of-way is abandoned, the land reverts back to the owner to the centerline of the road. In this case, Mr. Thompson would gain the 1/2 road section along his property with the City retaining interest on the other 1/2 road section. There are state laws regarding disposal of City surplus property. This action also needs to include the "No-Mans" land between the right-of-way and the existing road. Road abandonments are accomplished by City Council resolution. Under the Streets and Highways Code, the Planning Commission must make two findings: 1. That the vacation is in compliance with the General Plan. 2. That the right-of-way is unsuited for development as a non- motorized transportation facility, i.e. primarily for the use of pedestrians, bicyclists, or equestrians. This second finding can clearly be made. Staff analysis will focus on finding #1. Exhibit D contains General Plan policies regarding open space preservation and parkland acquisition. The Atascadero Lake area is highlighted as one of the major recreational areas in the City. Whenever the City is asked to abandon it' s interest in a road or property, it must be absolutely sure that the land will not be needed in the future. In this case, there is potential for small park at this location. It would not be suitable as an active recreational area, but more suited for a park bench, picnic table, or bus stop. Abandoning the City' s interest in the Atasca- dero Lake area contradicts the General Plan policies of acquisi- tion and preservation. However, staff does recognize Mr. Thompson' s predicament. He was issued a building permit by the county in 1975 and is now "boxed in" from any further expansion of this small house. As the aerial shows (Exhibit C) , there are very steep slopes which hinder expan- sion to the rear . In conclusion, there is one more fact that needs obvious consider- ation. Marchant Way has been constructed outside the right-of- way. It provides adequate circulation for the area. For this reason we feel the right-of-way contained outside lot 79 is not necessary for road purposes. However, the right-of-way along Park Reservation "A" is necessary to retain for future parkland in the Atascadero Lake Area. Thus, staff is recommending a partial abandonment of the right-of-way. .RECOMMENDATION• Staff recommends that the City partially abandon the Marchant Way right-of-way based on the findings contained in Exhibit E. DD:ph ATTACHMENTS: Exhibit A - Location/Zoning Maps Exhibit B - Assessor ' s Panel Maps Exhibit C - Site Plan Exhibit D - General Plan Excerpts Exhibit E - Findings Exhibit F —Conditions of Approval CI EX HIB t-F B �!, TY OF ATASCADERO r»�.!I - r 197•-7 A SS FSSO R MAP c Ma COMMUNITY DEVELOPMENT DEPARTMENT yT �.F �� .. Yr•.. 7 } r SII • �r ��fid` .,��. ;3 'b y7 <ots �� d- PA O< R i55 8 R UA-tIO C7'HONI PSoN�) �hry` $•^J�e t ,LKS#�"J'°`. . . Ili 411 1'4 zoi 9� p52o PTN CITY 'OF ATASCADtRO .10 ego/®^� AMENDED MAP �. 59so OF ATASCADERO • 4 SAN LUIS OBISPO COUNTY �'� , �. y �6� � a CALIFORNIA & 42; 74 1_g y`� h x 53 „, 52 3 R Rel Q� •.T$ N O x. 8035= ' �z 7s a 76 Um 46 @ PARK RESERVATION "q" . o 77 o 9$so 23 C It7l" `7570 N3BaSJ'/" Y \0) 7e *, O G✓/y ASSESSOR'S' BLOCK `!} - 7 �3'e s :r.. D . _. LOT NUMBERS SHOWN ` ` ,IN CI�iCLES, t z r�.E _Z`. tll$ Pd� ` ,bl .5 (�}'y c�Q+� K r c i a Al= c� rt �41� Mei 4;. i� ' ..' i ` �.,- •i +J4 ~ .J EX H 1 Q (T C_ CITY OF ATASCADERO S t T� FLA N COMMUNITY DEVELOPMENT DEPARTMENT S FILA . -; lac _ - _ Y_ .. _.,_�.• .. ,._ ice:..i - ...:. ..... ..,.. __917. .. .. r ' • s�CtNG' L 9 49'49'46"E 430. 94 s GENtER LINE NED _ yA i r .i` s '. k �� � �t►Era ���.� .. 'u�A�.u:.._....,�...�:....._._... ,__..t L..�..... ._.......,.—..._...ti....,.,ii,,:...KiYNP.M�1•',1�-w..,•�'-,�.mw�' `�� ,►CIu�Itytil�s,i�!,�L.i..n..bw, ±i If GENEEAL PLAN "`X�E2PTs Open' space for 'outdoor recreation includes areas of out stan ing scenic, istorIc or cu tural •va:lue., areas parti- cularly outstanding for parkand recreat�.on 8Z including access to lak.eshores R beaches-, riversPand streams, and areas which serve as links between major recreattonand Open space reservations, including utility easements , banks of rivers and 'streams,, trails,, and scenic highway corra`dors. Areas of open space available for recreation that shall be preserved are listed below: The banks and bed of Atascadero Creek The inundation area of the Salinas River 0 Atascadero Lake and its surrounding park The Sunken Gardens Chalk Mountain Regional Park PG. 83 The three Little League baseball fields The banks and bed of Graves Creek Pine Mountain (in part) The Wranglerette Arena =� Areas of open space that shall be considered for acquisition by a public agency and/or preserved for recreation are listed below: Chandler Parkland Pine Mountain Amphitheater County-owned lots fronting on Lakeview adjacent to Atascadero Lake f Atascadero Lake F: V The 25-acre Atascadero Lake and its surrounding 10-acre park not only provide a home for aquatic and bird life but also serve as the primary recreational area for the Colony and, indeed, for surrounding portions of the entire County. The park is so heavily used that additional areas will have to be acquired to keep development plan approvedcbyWthe Boardith the aofoSupervisorsnage. A rforesees {: acquisition and construction of a greater variety and number of recreational facilities. A long-term Capital Outlay Program is necessary to properly allocate construction for these projects. r_ EXHIBIT .D r EXHIBIT E - Findings Road Abandonment 4-86 (Thompson/Morris) June 2, 1987 1. The proposed road abandonment of the Marchant Way right-of-way outside Park Reservation "A" is not in conformance with the City' s General Plan policies of preserving potential parkland and acquir- ing additional recreational areas in the Atascadero Lake area. 2. The proposed road abandonment of the Marchant Way right-of-way outside Lot 79, Block JC is in conformance with the General Plan. 3. Marchant Way has been constructed outside the right-of-way and provides adequate circulation in the area. The right-of-way is not necessary for future road purposes. 4. The right-of-way is unsuited for development as a non-motorized transportation facility i.e. , primarily for the use of pedes- trians, bicyclists, or equestrians. r 0 10 EXHIBIT F - Conditions of Approval Road Abandonment 4-86 (Thompson/Morris) June 2, 1987 1. The property owner shall obtain fee title to the 1/2 road section of Marchant Way adjacent to Lot 79. 2. The property owner shall seek and obtain the declaration of the remaining 1/2 road section and land between the right-of-way and the existing Marchant Wasy as City surplus property and purchase accordingly. 3. The property owner shall indemnify and "hold harmless" the City from claims that may arise from the abandonment procedure. This agreement shall be reviewed and found acceptble by the City Attor- ney. 4. As a part of the abandonment procedure, the City shall retain a 15 foot sanitary sewer easement (7 1/2 feet on each side of the existing sewer line). A metes and bounds description shall be prepared and found acceptable. This shall be shown on the docu- ment to be recorded. 5. All conditions of this approval must be completed prior to or simultaneous to the recording of the abandonment resolution. • 061 pp- IFFM aw Top Imo\ _ . _ •. �, _ J l ■ M mm- ► I 1 �� rrl J0 y p 9 b N0O 00 O A o �_7C •8s� O� Z. ai p�w O ` >< ~ S34 0 , . S31003 w 4d .0 9st r� V `1 0 @ y N S3/ 03W S26 17 w A 109 m 'na) n Mc a _ o J. .4 _ C D -t,• -. � a �•��,�- .... tom; .�. „p�. x 7. 4 , - i 1 _ t 41 ; t LA„ E I 1 t. f / is w ; Ir. ji � . j •i � � �y ti.- 4k om Yd �y 1 _ +6 } 10 1 3` t •`� .A \ ti/ `` � I _ t t } i F `• F r � • � {{ if E� c.V.. ,` 0� 4. Road Abandonment 4-86 : Request initiated by Alvin H. Thompson to abandon a portion of Marchant Way right-of-way. The proposed abandonment is locat northwesterly from Santa Rosa Road, north of Lots 78, 79 and Park Reservation "A" . Mr. Davidson, Asst. Planner, gave staff report, recommending partial abandonment, and staff responded to questions from the Commission. He noted that proposed Cond. of Approval #2 should be amended to read "The property owner shall seek—between the right-of-way to be aban- doned and the right of way of the existing Marchant Way as City sur- plus property and purchase accordingly" . Public Comment Robert Morris, agent for Mr. Thompson, spoke in support of the re quested abandonment (that property north and east of the center line E ` to the edge of the road, extending across to the end of park Reserva tion "A") . He reviewed the actual property lines of subject parcel, '_ saying those shown on the overhead are incorrect. He reviewed, at great length; his findings through approx. 3 years of research of County documents regarding subject property. Dirk Mulder, 8250 Santa Rosa Rd. , spoke in opposition to City abandon- ment of any properties it currently owns (in proximity to the lake) to private housing or future structures in the interest of keeping the area as green/natural as possible. 0 MOTION. By Commissioner Michielssen for approval of Road Abandonment 4-86 as per Conditions & Findings for Approval as outlined in staff report, seconded by Commissioner Hatchell. Commissioner Lopez-Balbontin requested an amendment to the motion that the Commission suggests the Council direct staff to work a trade, or other negotiated settlement, between the surplus proper- ty in front of Lot 79 and Park Reservation "A" . Amendment was seconded by Commissioner Michielssen; amendment to motion passed by 6:0 , with Commissioner Copelan absent. Motion, including amendment, carried 6 :0, with Commissioner Copelan absent. ntative Parcel Ma 35-86 : Reque tiated by Tom Bench to allow subdivisi one parcel containing 3. s into three lots co g 1.0, 1.13 and 1.3 acres each. Subject p is a at 7503 Carmelita (Ptn. : Lot 5, Block UB A.C. . Mr. DeCam annex, gave staff report, recomme denial of r PM 35-86. 4 M:-ET! AGrNa,A _ DAT2 �8 ITEM . _. E M 0 R A N D U M TO: City Council July 14, 1987 VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director SUBJECT: General Plan Conformity Report: Sycamore Road BACKGROUND: On June 16, 1987, the Planning Commission conducted a public hearing on the above-referenced matter. Upon review, the Commission recom- mended that the property be designated as surplus property as outlined in the attached report (on a 6 :1 vote) . There was brief discussion among the Commission concerning a suitable building site for the property. There was no public testimony given. RECOMMENDATION: Receive the Conformity Report per the Planning Commission' s recommend- ation. HE:ps i 0 City of Atascadero Item: B-7 STAFF REPORT FOR: Planning Commission Meeting Date: June 16 , 1987 BY: - Joel Moses, Associate Planner Project Address: S camore Road P n. Lot 4 , Blk H, Atas. Colony) SUBJECT: General Plan Conformity Report - City sale of real property located on Sycamore Road north of Hidalgo Road in River Gardens. (APN 28-092-09 Northern ptn. Lot 4, Blk H, Atascadero Colony) (Exhibits A & B) . BACKGROUND: The City of Atascadero acquired the approximate 12,000 square foot property as a part of the recent transfer of properties. The County had previously noted the property as surplus and had contacted the City in 1985. The City has found no specific public purpose for the property and now is seeking to have the property declared as surplus property so the property can be disposed of. ANALYSIS: The property is presently vacant. The City presently has no plans to use the property except as a detour route during the reconstruction of the Sycamore Road Bridge. The adjoining property is currently gen- erally developed with single family residential uses. The area to the East is owned by the Water Company and is used for gravel/sand extrac- tion. The area is designated Moderate Density Single Family on the General Plan; the corresponding zoning is RSF-Y (Residential Single Family - minimum lot size of 1 acre with sewer 1 1/2 acre without sewer) . The site is currently not provided with sewer but is within the Urban Service Area. The area to the West is within a leachfield problem area as noted in the City' s sewer study (John Wallace & Assoc- iates) . A review of the General Plan makes no specific statement as to the need for the property. However, a need is noted as to the need for the retention of an easement for emergency access and recreational use. Additional comments made in the General Plan might note the site as undevelopable. The Open Space and Conservation Element notes the site in the inundation and alluvium areas (Maps X-1 and X-2) (Exhibits C&D) and - as such falls under the Public Safety Policies (page 84) sta- ting, "that permits shall be denied in the potential inundation areas" . Staff Report • 0 General Plan Conformity Report Page Two RECOMMENDATION: The staff recommends that the property be designated as surplus prop- erty, but maintaining a 25 foot access and recreational easement cros- sing the site connecting Sycamore Road and the Water Company property for access and recreational uses. The action would qualify as a Class 12 categorical exemption (sale of surplus property) from the California Environmental Quality Act pro- cess. JM:ph Attachments: Exhibit A - Location Map Exhibit B - A.P.N. Map Exhibit C - Alluvium Map Exhibit D - Inundation Map a NEW •,� stilltill ♦ ILII//j�.� ►•- . Ml OMAN:707 �i�w•.�--�-•� all a On TV NowMR ON WE Y► �����111 �� I�1NO � loan MW --_._� //////.����//�/����. �1��I��►u� noon �� � 0 EXHIBIT B A.P.N. MAP 24L:.. . „ GENERAL PLAN CONF. REP. CITY OF ATASCADERO �� w 197 SURPLUS PROPERTY SALE M COMMUNITY DEVELOPMENT SYCAMORE ROAD � DEPARTMENT - - C) s 061 v \,r\)/ p N .4 _ W , //7.30 O7 o 00 � GS D y rri�^ O tp \ O � SITE 0' O X' G� o O t W W Cn � a 0 • Ob � � ro b 9 w N i O L p 00 0 EXHIBIT D INUNDATION MAP ��, •• TY OF ATASCADERO GENERAL PLAN CONF. REP. 197- SURPLUS PROPERTY SALE ` COMMUNITY DEVELOPMENT SYCAMORE ROAD DEPARTMENT L11411 �, �f � ,`~\ -^" SjL�a�\ t � :•< �\"4 1 l� r/ s J : r i�.(�, � 4- • E s � ;a. ,. � �ryxt ���'�. + 1- - ! 7J �` •s\1 r ' r�i �r�l\ .fir moi. Y F-' j}'- 'Y- / •_, t•-'� �/ �i�t yf F.y 1i3^�t 1�4 1�, r r. y y' '. l � ~. • i, � n9 4� � ...fff••• 1. � t rh `nµ ti �✓r..� — i ,� < .`y � , .. •., x Fey rMp,{ tr � - __ I 1 . ./. i rt „�y D r' t+.f••4< / . ,t / l \ `, r9C? �1 • MAP X-2 ✓!'' '1/; `rte '`! 'it r mF v •'"' y� •' r r � '� [� I z 7 SrS` 3•,�.•'ply 9-'7'.;�` �i i' c i * n r ^ o33 D c7 Do 13 D D 3 m m • r a �� D o D 3 MEMORANDUM • July 14, 1987 To : City Council From: Bob Best , Parks and Recreation Director Subject : Lake Pavilion Status Report BACKGROUND As per your direction a status report concerning the Lake Pavilion Project will be given to Council. Mike Arrambedie , Chairman of the Pavilion Committee, will give the report . • • • MEMORANDUM TO: City Council July 14, 1987 VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director RE: Proposed Extension of Ordinance No. 152: Clarifying Minimum Lot Size in the LSF-X and RSF-X Zones Requiring a Net Minimum Land Area of 20, 000 Square Feet with Sewer (Excluding Land Area Needed for Street Rights-of-Way Whether Public or Private) BACKGROUND: On May 26, 1987, the City Council adopted as an urgency ordinance, Ordinance No. 152. Under Section 65858 of the Government Code, this interim ordinance may be extended for a period of ten months and fif- teen days provided public hearing notice is posted and there is on- going study of the issue at hand. Study relative to re-defining net lot area and gross lot areas is part of Phase II General Plan Work • Program which has been approved for fiscal year 1987-88. RECOMMENDATION: (1) Read by Title only and (2) adoption of urgency Ordinance No. 154 which would go into effect immediately (four/fifths vote from the Council is required) . HE:ps Enclosure: Draft Ordinance No. 154 • 0 ORDINANCE NO. 154 AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 9 ZONING REGULATIONS BY CLARIFYING THE MINIMUM REQUIRED LOT SIZE IN THE LSF-X AND RSF-X DISTRICT AS REQUIRING A NET MINIMUM LAND AREA OF 20,000 SQUARE FEET WITH SEWER (EXCLUDING LAND AREA NEEDED FOR STREET RIGHTS-OF-WAY WHETHER PUBLICLY OR PRIVATELY OWNED) AMENDING ORDINANCE NUMBER 152 WHEREAS, Section 65858 of the Government Code authorizes the adoption by local legislative bodies of interim ordinances as urgency measures to protect the public safety, health and welfare; and WHEREAS, said ordinances may be adopted as urgency measures pro- hibiting actions which may be in conflict with a contemplated zoning proposal which the legislative body, Planning Commission or Community Development Department is considering, or studying, or intends to study within a reasonable time; and WHEREAS, the City is presently studying amendments to the City' s General Plan and zoning regulations to clarify definitions of minimum lot areas required; and WHEREAS, the City Zoning Ordinance Sections 9-3.154 and 9-3. 164 were recently amended (Ordinance 145) to reduce minimum lot size in the RSF-X and LSF-X districts to 20 ,000 square feet with sewers; and WHEREAS, said revision was a reduction from one-half acre minimum lot size to eliminate disputes as to credit for fee ownership of roads with the objective of setting a minimum net lot area of 20, 000 square feet in these districts where sewer is available regardless of ownership of said fee title to the roads; and WHEREAS, applications for the subdivisions of land with lot sizes of less than 20,000 square feet net have been submitted contrary to the City Council' s intent; and WHEREAS, the proposed extension of interim Ordinance No. 152 has been noticed for public hearing held on July 14, 1987 pursuant to Section 65090 of the Government Code; and WHEREAS, such urgency measures shall require a four-fifths vote of the legislative body for adoption. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposed code amendment is in conformance with Section 0 65800 et seq of the California Government Code concerning zoning regulations. 2. The proposed zoning text amendment will not have a significant adverse effect on the environment. Preparation of an Environ- mental Impact Report is not necessary. 3. That there are pending applications for subdivisions of land in conflict with general plan and zoning changes being studied. 4. That further study is necessary to determine what legislation, if any, is proper for the protection of the public health, safety and welfare. 5. That there is a current and immediate threat to the public health, safety, or welfare, and that the approval of addition- al subdivisions inconsistent with the zoning text changes pro- vided for herein, would result in a threat to public health, safety, or welfare. Section 2. Zoning Text Change. That the chart in Section 9-3.154 Minimum Lot Size in the Resi- dential Single Family zone and 9-3.164 Minimum Lot Size in the Lim- ited Residential Single Family Zone shall be changed to read as fol- lows in relation to the Symbol X: SYMBOL MINIMUM LOT SIZE X 20 ,000 square foot net area (excluding land area needed for street rights-of-way whether publicly or privately owned) with sewer ; half acre net area (excluding land area needed for street rights-of-way) whether publicly or privately owned) where sewer is not available. Section 3. All applications for a permit for a subdivision of land which had been pending before the City on May 12, 1987 shall not be affected by or subject to the restraints herein enacted. Section 4. This ordinance is adopted under Government Code Section 65858 and is in full force and effect for 10 months and 15 days. Section 5. The City Council hereby declares that this is an urgency ordinance necessary to preserve the public peace, health and safety due to the facts set forth above. 0 0 Section 6. This ordinance being an urgency ordinance for the immediate pro- tection of the public safety, health and general welfare, containing a declaration of the facts constituting the urgency and passed by a four-fifths (4/5) vote of the Council shall take effect immediately upon its adoption. Section 7. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance, and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. 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 �. • M AG'NDA DAT t/ i?UA# !Z M E M O R A N D U M TO: City Council July 14, 1987 VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director RE: Proposed Agreement for Economic Base Analysis and Downtown Revitalization Feasibility Study (Economic Research Associates) BACKGROUND: On June 11, 1987, the City Council held a study session to consider response for proposals to prepare an economic base analysis study for the City with a focus on the downtown area. Following discussion and public comment, the action of the Council was to refer the matter to the budget process for consideration of funding in the approximate amount of $45, 000. At the June 18, 1987 budget meeting, the Council authorized an expenditure of $45,000 which was the approximate fee of • the firm recommended by the screening committee (see attached staff report) . Attached herewith is a proposed agreement to retain Economic Research Associates for the performance of this work. WORK PROGRAM: As noted in the attachments, Economic Research Associates has revised their original proposal to complete the work in some 20 weeks or ap- proximately 5 months with a lump sum price of $45,740 . The time frame for the submittal of a final report to the City Council would be con- tingent on the review time required of the City. The quicker pace was dictated by a desire to have proposed economic goals and objectives for consideration by the Planning Commission and City Council as part of the Phase II General Plan review. In addition, Council noted the need to coordinate the proposed development strategy for the downtown area with the special study directed for this fiscal year to establish a downtown zoning district and an in-lieu parking program. RECOMMENDATION: 'Authorize the Mayor 'to enter -into agreement with Economic Research Associates . HE:ps CONSULTANT SERVICES AGREEMENT ECONOMIC BASE ANALYSIS CITY OF ATASCADERO THIS AGREEMENT, made this day of , 1987 by and between the CITY OF ATASCADERO, hereinafter referred to as "City" , and Economic Research Associates, hereinafter referred to as "Consultant". Witnesseth For and in -consideration of the mutual covenants herein contained, the parties hereto agree as follows: Article 1 Responsibilities of Consultant A. Scope. Consultant will provide the following economic base analysis services as described herein and under Exhibit "A" for the, City project hereinafter described: To prepare a City-wide economic base analysis and a downtown revitalization feasibility study. Exhibit "A" is attached hereto and incorporated herein by reference as though here fully set forth. B. Coordination. In the performance of Consultant' s service under this Agreement, Consultant agrees that he will maintain such coordination with City officials as may be requested and desirable, including primary coordination with the Project Coordinator , herein designated as the Community Development Director, and also with the following City officials: City Manager and Administrative Services Director. C. Consultant' s Services. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and furnish the work tasks as described in Exhibit "A" commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Manager. Article 2 Responsibilities of City _ City shall cooperate with Consultant on all phases of the work covered by this Agreement and will make available to him, as his needs indicate, land use maps, land use data, pertinent reports and surveys, and other similar data in possession of the City. Article 3 Fee and Provision for Payment City will pay Consultant a fee equal to $45 ,740 for work contrac- ted in this Agreement and billed for based on the payment schedule in Exhibit "B" . Exhibit "B" is attached hereto and incorporated herein by reference as though here fully set forth. Any additional appli- cable hourly rate billings as authorized in Article 4 shall be based on the Fee Schedule contained in Exhibit "A". Article 4 Payment for Extra Work or Changes Any claim for payment for extra work or changes in the work will be paid by City only upon certification by the City Manager that the claimed extra work or change was authorized in advance by the Project Coordinator and the City Manager, and that the work has been satis- factorily completed. Claims for such extra work must be submitted by Consultant within thirty (30) days of completion of such work and must be accompanied by a statement of itemized costs covering said work. . Article 5 Termination of Agreement Either party hereto shall have the right to terminate this Agree- ment upon giving ten (10) days written notice of such termination to the other party. In the event of the termination of this project in its entirety, notwithstanding any other fee provisions of this Agree- ment, based upon work accomplished by Consultant prior to notice of such termination, City shall determine the amount of fee to be paid to Consultant for his services based upon the provisions in Exhibits "A" and "B" , and such findings of City shall be final and conclusive as to the amount of such fee. In the event of termination of any portion of this project, Consultant shall be entitled to the reasonable value of his services involved in the termination, as determined by the City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Article 6 Time of Comoletion Consultant agrees to diligently pursue his work under this Agree- ment and to complete the work as described in Exhibit "A" in a satis- factory manner within twenty (20) weeks of receipt of the Notice _ to Proceed. Consultant shall not be responsible for any delay which is caused by City review, action or inaction of City, or acts of God, but shall be responsible for his own fault or negligence or that of any of 2 his subcontractors. Article 7 Conflicts of Interest No member , officer , or employee of City, during his or her tenure, or for one (1) year thereafter , shall have any interest, direct or in- direct, in this Agreement or the proceeds thereof. Article 8 Ownership of Data The ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other mat- erials necessary for a complete understanding of the plans and neces- sary for the practical use of the plans shall be vested in City. , Own- ership of original drawings and documents shall be vested in City. Consultant may retain a copy of all work for his own use. Article 9 Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any com- pany or person, other than a bonafide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement with- out liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover , the full amount of such fee, commission, percentage fee, gift, or contingency. Article 10 Contract Personnel The work to be done pursuant to this Agreement shall be done by Mr. David A. Wilcox, Senior Vice-President, as project manager , and Messrs. Sidney L. White and Estevan R. Valenzuela, Senior Associates, and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official who shall be vested with the right of approval of such additional personnel or outside contracting parties shall be the Community Development Direc- tor. City reserves the right to reject any of Consultant' s personnel or proposed outside consultants, and City reserves the right to re- quest that acceptable replacement personnel be assigned to the project. 3 • Article 11 Indemnity Clause Consultant shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement or occasioned by the negligent performance or at- tempted negligent performance of the provisions hereof, including, but not limited to, any negligent act or omission to act on the part of Consultant or his agents or employees or independent contractors di- rectly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of City or City' s agents, servants, or independent contractors who are directly responsible to City. This indemnification provision shall apply even if there is con- current or joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties. Article 12 Insurance A. Automobile and Public Liability Insurance. Consultant . shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury, in- cluding death resulting therefrom, and property damage or a combina- tion thereof in an amount not less than $1, 000 ,000 . The following endorsements must be attached to the policy or policies: (1) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence. " (2) The policy must cover personal injury as well as bodily injury. (3) Broad form property damage liability must be afforded. (4) The City of Atascadero, its officers, employees, and agents, shall be named as insureds under the policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by City will be called upon to contribute to a loss hereunder. 4 (5) The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contrac- tual liability endorsement. (6) The policy shall contain "cross-liability" such that each insured is covered as if separate policies had been issued to each insured. (7) City shall be given thirty (30) days notice prior to cancellation or reduction in coverage of g the insurance. _ B. Workers Com ensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be in- sured against liability for workers compensation or undertake self- insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Agreement. C. Copies of Insurance to City Before Commencement of Work. Consultant shall provide certificates of insurance to City prior to commencement of the work of this Agreement. Certificates of insurance are necessary before a Notice to Proceed will be issued, and shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to City. Approval of insur- ance by City shall not relieve or decrease the extent to which Consul- tant may be held reponsible for payment of damages resulting from ser- vices or operations performed pursuant to this Agreement. Consultant shall not perform any work under this Agreement until he has obtained the required insurance and until the required insurance certificates have been submitted to city. If Consultant fails or refuses to pro- cure or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been pro- cured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement. Article 13 Bonding This Article is deleted. Article 14 Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel or subcontractors be construed to be employees of City. Article 15 Non-Discrimination Consultant shall comply with the provisions of Presidential Exec- utive Order No. 11246 of September 24 , 1965, and all other orders, 5 • regulations, and laws governing nondiscrimination in employment, in- cluding in particular , Section 122 (a) of the State and Local Fiscal Assistance Act of 1972. Article 16 Modification of Agreement This Agreement may be modified only by a written amendment signed by both parties hereto. Article 17 Law Governing This Agreement shall be governed by the laws of the State of California. Article 18 Communications Communications between the parties to this Agreement may be sent to the following addresses: • City: CITY OF ATASCADERO 6500 Palma Avenue P.O. Box 747 Atascadero, CA 93423 Attn: City Manager Consultant: Economic Research Associates 10960 Wilshire Boulevard, Suite 2400 Los Angeles, California 90024 ACCEPTED AND AGREED this day of 19 CITY: CONSULTANT: CITY OF ATASCADERO, a municipal corporation By By BARBARA NORRIS Mayor DAVID A . WILCOX , AICP ATTEST: Senior Vice President Economics Research Associates BOYD C. SHARITZ City Clerk 6 0 • APPROVED AS TO FORM: JEFFREY G . JORGENSEN City Attorney APPROVED AS TO CONTENT: MICHAEL B. SHELTON 'City Manager PREPARED BY : 4&..X HENRY ENGE Community levelopQmt Director Project Coordinator File : csltagre 7 • EXHIBIT A 10960 Wilshire Boulevard,Suite 2400 Economics Research Associates Los Angeles,California 90024 Los Angeles-San Francisco-Seattle-Chicago-Boston-Washington,D.C.-Ft.Lauderdale (213)477-9585 Telex:857661 May 12, 1987 Mr. Henry Engen RECEIVED MAY 13 1987 Community Development Director City of Atascadero P.O. Box 747 Atascadero, California 93423 Proposal No. 23689R1 RE: Economic Base Analysis for the City of Atascadero Dear Mr. Engen: This letter is a follow-up to our several conversations concerning our proposed scope of services and compensation to provide an Economic Base Analysis for the City of Atascadero. During our conversations, you have indicated that a certain amount of land use information on a gross basis has previously been prepared for the City of Atascadero as part of a General Plan update process. As a result, you have requested and we have agreed to a revision of our scope of work and compensation that is based upon our utilization of as much of the existing information as possible albeit with continued assurance of an adequate and reliable work product. Our original proposal was based upon compilation and/or verification of all information to establish a precise baseline inventory and subsequent analysis of each development potential -- Retail, Office/Commercial, Industrial and Tourism for the City as a whole and for the downtown area as a focused subsector. Upon your approval and assurance that a certain amount of baseline information is currently available and acceptable for analysis without additional verification, we would suggest certain aspects of our analyses might utilize this gross information to establish baselines and development potentials- Specifically, we will utilize the gross data to analyze the Retail, Office/Commercial, Industrial and Tourism potentials for the City as a whole and to establish their concomitant baseline inventories for the City as a planning unit. On the other hand, we recommend that adequate detail of analyses remain as part of the focused downtown policy development. Thisconsideration is based upon your desire to precisely focus upon the future of Atascadero's downtown and the potential for our study to be a basis for subsequent preparation of a downtown master plan. Accordingly, we have decreased our budget to reflect the above considerations and present a revised Time Schedule, Consultant Hours and Compensation as follows. 2 Proposal No. 23689R1 5/12/87 PROJECT TIME SCHEDULE Time to Complete Anticipated from Date of Consultant Authorization Hours Tasks to Proceed (R) Required I. Organization Meeting*M 1 week 20 II. Baseline Inventory and Analysis* 4 weeks 68 (R) III. Market Analysis 7 weeks 64 IV. Land Use Analysis* 8 weeks 40 V. Retail Development Potential 10 weeks 56 (R) VI. Office/Commercial Development Potential*M 11 weeks 36 (R) VII. Industrial Development Potential 12 weeks 36 (R) VIII. Tourism-Based Development Potential* P 13 weeks 56 (R) IX. Policy Formulation 15 weeks 32 X. Policy Specification/Development Strategies* 18 weeks 80 A. General Plan/Zoning B. Downtown Development Strategy XI. Final Report to City Council*M 20 weeks** 40 Total 528 t} *One of seven anticipated trips to Atascadero. **Contingent upon length of review period by City and appropriate others. M=A total of three proposed meetings with client groups in Atascadero. (R).Revised 5/12/87. 3 Proposal No. 23689R1 5/12/87 RECOMMENDED COMPENSATION As revised, ERA recommends a total lump sum price of $45,740 for the proposed scope of work. The cost components have been built up from our estimate of the need for professional consultant time shown above in the Project Time Schedule and the direct supporting costs, and are as follows: Professional Consultant Labor and Attendance at 3 Meetings (528 at $75 composite billing rate) $39,600 Report Production $ 4,340 o Typing, graphics $3,000 0 30 copies draft 240 0 100 copies final report 800 o Graphics boards 300 Travel and per Diem (based upon seven round trips by ERA staff) $ 1,000 Other (data purchase/computer analysis) 800 Unforeseen Additional Services Will Be Billed At: Professional Consultant Labor Principal $115 per hour Senior Associate 85 per hour Associate 65 per hour Report Production Typing, Duplication $ 30 per hour Graphics 40 per hour Travel Car, per Diem @ $1.10 x actual Other Data Purchase/Computer Analysis @ $1.10 x actual • 4 Sir Proposal No. 23689R1 5/12/87 AUTHORIZATION OF THE WORK If the revisions described above are satisfactory and Economics Research Associates is selected to conduct the revised scope of work, this letter should be attached to our original submission, the complete package serving as our revised business agreement. The signature upon and return of one copy to ERA will be our authorization to carry out the assignment. Respectfully submitted, David A. Wilcox, AICP Senior Vice Pres*dent Sidney�Z'G7hite, AI P Senior Associate ACCEPTED BY: Date: Date: • • Economics Research Associates ro ric 0 Los Angeles,California RECEIVED APIR 2 71San Francisco,California t Seattle,Washington Chicago,Illinois Boston,Massachusetts Washington,D.C. Ft.Lauderdale,Florida A PROPOSAL TO THE CITY OF ATASCADERO, CALIFORNIA TO PREPARE A CITYWIDE ECONOMIC BASE ANALYSIS AND A DOWNTOWN REVITALIZATION FEASIBILITY STUDY PREPARED BY ECONOMICS RESEARCH ASSOCIATES APR I L 24,1987 PROPOSAL NO.23689 10960 Wilshire Boulevard,Suite 2400 • Los Angeles,California 90024 0 (213)477-9585 Telex:857661 i i 10960 Wilshire Boulevard,Suite 2400 Angeles,California 90024 Economics Research Associates Los An s Los Angeles•San Francisco•Seattle•Chicago•Boston•Washington,D.C. Ft.Lauderdale (213)477-9585 Telex:857661 April 24, 1987 Mr. Henry.Engen Community Development Director City of Atascadero P.O. Box 747 Atascadero, California 93423 Proposal No. 23689 Dear Mr. Engen: Economics Research Associates (ERA) is pleased to submit a proposal to prepare a comprehensive Economic Base Analysis for the City of Atascadero. We understand that part of the intended scope of analysis is framed by the City's current update of the City's General Plan and the need for an economic base analysis to provide direction for an overall economic development strategy for the City's future. We understand that some of the issues which the City recognizes include: o Strong residential growth, but a notable lag in retail sales trends. o An outdated master plan that may be considered contrary to current development standards and modern economic development potentials and constraints. The City has begun General Plan revision activities. o A need to examine feasibility for downtown revitalization via a downtown development strategy based on a comprehensive economic analysis and a determination of redevelopment potentials. o A need to prepare an overall economic base analysis and inventory of the Atascadero marketplace to frame the current update of the City's General Plan and provide direction for a citywide economic development strategy for the future. ERA is uniquely qualified to undertake a project of this type. We have considerable experience in the California General Plan process and the redevelopment feasibility analysis process based upon 28 years of consult- ing. We have prepared the Economic Development Strategies as part of the General Plans for several California communities. Some of our most recent assignments have been prepared for the cities of Bakersfield, Gardena, Bell Gardens, West Hollywood, Indio, Ventura, Santa Barbara, Lancaster, and so forth. 2 We have also completed formal redevelopment feasibility analyses for the cities of West Hollywood, Norwalk, Buena Park, Lancaster, Fontana, San Bernardino, Sacramento, and San Diego, and for Los Angeles County and numerous other local jurisdictions. Based upon our vast experience and several conversations with City staff, we have prepared a practical and straightforward proposal that is outlined in the several sections which follow, supported by several qualifying attachments. We are very enthusiastic about the prospect of working with the City of Atascadero on what we anticipate to be a very interesting and challenging project. Sincerely, &� 4�4 a. David A. Wilcox, AICP Senior Vice President SLW" Sidney L. White, AICP Senior Associate Attachment: Proposal Enclosures: Resumes Qualifications Client References Corporate Brochure 4/24/87 No. 23689 A PROPOSAL TO THE CITY OF ATASCADERO, CALIFORNIA UNDERSTANDING OF THE ASSIGNMENT The City of Atascadero has requested proposals to prepare a compre- hensive study to provide an overall evaluation of the City's economic base. Analyses and recommendations derived as a result of an evaluation of the City's overall marketplace should be followed by recommended economic devel- opment strategies for the future, including specific recommendations for revisions to General Plan policies with respect to long-range growth objectives. The study should also recommend an optimum economic development and revitalization strategy for the Atascadero downtown area and provide the basis for subsequent preparation of a master plan for the downtown area. SCOPE OF WORK The ERA technical proposal is based upon the City's RFP and detailed study outline. The study approach that has been developed by ERA is organized to provide systematic research and technical base information followed by the complex translation of economic descriptors to provide a framework for the City's General Plan update and an overall economic development strategy for the City of Atascadero with respect to long-range growth objectives -- to the year 2000. All recommendations are framed by detailed analyses and an evaluation of the City's potential for tourism, specific categories of retail and service activities, office uses, and industry. A land use analysis based_ upon development potentials will be translated to yield a determination of the general scale of proposed land area needed to accommodate the extent of economic activities proposed. ERA notes the interesting scale of the City, which occupies roughly 24 square miles, is aligned along about 6.5 miles of E1 Camino Real, and currently contains nearly 20,000 residents. At such scale, issues of land use allocation become paramount as true future-shaping S decisions. 1 ATAS Thursday, April 23, 1987 Page 1 AREA PROFILE: 1980 URBAN DECISION SYSTEMS, INC. ATASCADERO 04/23/87 PLACE 6 (CA) 145 POPULATION 16232 RACE: Black 1.0% HOUSEHOLD INCOME % In Grp Qtrs 1.6% Other 4.5% 0-10T 1516 25.7 10-20T 1783 30.2 HOUSEHOLDS 5899 FAMILIES 4475 20-25T 929 15.7 1 Person 18.5% W/children 52.9% 25-30T 733 12.4 2 Person 35.9% Marr Couples 86.6% 30-35T 394 6.7 3-4 Person 34.8% W/children 49.8% 35-40T 235 4.0 5+ Person 10.7% Avg Family Size 3.10 40-50T 171 2.9 Avg Hshld Size 2.71 NONFAM HSHLDS 24.1% 50-75T 97 1.6 75T+ 47 0.8 SPANISH ORIGIN 6.7% IN ARMED FORCES 0.2% Median $ 17804 AGE % OCCUPATION $ Average $ 19399 0-5 1544 9.5 Prof/Tec 1075 15.6 AGG.INCOME 115.5M 6-13 2011 12.4 Mgr/Prop 593 8.6 14-17 1034 6.4 Clerical 963 13.9 SCHOOL YRS COMPLETED 18-20 723 4.5 Sales 615 8.9 Pop Age 25+ 9930 21-24 991 6.1 WH/COL 3247 47.0 Median Sch Yrs 12.7 25-34 3131 19.3 Crafts 1253 18.1 High Sch Only 38.5% 35-44 1905 11.7 Opertivs 609 8.8 Any College 39.9% 45-54 1433 8.8 Service 1370 19.8 55-64 1511 9.3 Laborer 208 3.0 18-34 IN COLLEGE 17.2% 65+ 1951 12.0 Farm Wrk 224 3.2 Median 30.7 BL/COL 3664 53.0 VEHICLES/HSHLD % 0 190 3.2 SEX % LABOR FORCE UNEMP PARTIC 1 1697 28.8 Male 7944 48.9 4354 6.1% 74.4% 2 2205 37.4 Female 8288 51.1 3014 6.3% 47.6% 3+ 1807 30.6 HOUSING UNITS 6457 HOUSING VALUE % RENT % Owner-Occ 63.2% 0-30T 139 4.3 0-99 50 2.9 Renter-Occ 28.2% 30-50T 302 9.2 100-199 348 20.2 Vac/Yr-Rnd 8.3% 50-80T 1500 45.9 200-299 786 45.6 Vac/Season 0.3% 80-100T 724 22.2 300-399 347 20.1 Condominiums 71 100-150T 505 15.5 400-499 100 5.8 Mobile Homes 458 150T+ 96 2.9 500+ 18 1.1 Stability 34.8% Median $ 73838 Median $ 257 Turnover 14.8% Average $ 79239 Average $ 260 UNITS/STRUCTURE % MOVED IN % BUILT g 1 5120 79.3 1970-80 83.2 1970-80 47.0 2 214 3.3 1960-69 11.1 1960-69 19.6 3-4 341 5.3 1950-59 3.6 1950-59 14.7 5+ 783 12.1 <--1949 2.1 <--1949 18.7 DEMOGRAPHIC TRENDS: 1980-8 1 uxb" uLL'.Lb.Lun ATASCADERO 04/23/87 PLACE 6 (CA) 145 1980 Census 1986 Est. 1991 Proj . POPULATION 16232 21271 24265 In Group Quarters 266 339 393 HOUSEHOLDS 5899 % 8020 % 9313 % 1 Person 1094 18.5 1639 20.4 2018 21.7 2 Person 2118 35.9 2861 35.7 3293 35.4 3-4 Person 2055 34.8 2814 35.1 3289 35.3 5+ Person 632 10.7 707 8.8 712 7.6 Avg Hshld Size 2.71 2.61 2.56 FAMILIES 4475 5950 6821 $ g g RACE: White 15594 96.1 20493 96.3 23403 96.4 Black 164 1.0 122 0.6 96 0.4 Other* 473 2.9 656 3.1 766 3.2 SPANISH/HISPANIC 1088 6.7 1255 5.9 1353 5.6 AGE: 0 - 5 1544 9.5 2398 11.3 2902 12.0 6 - 13 2011 12.4 2405 11.3 2973 12.3 14 - 17 1034 6.4 1128 5.3 1087 4.5 18 - 20 723 4.5 713 3.3 746 3.1 21 - 24 991 6.1 1120 5.3 1007 4.2 25 - 34 3131 19.3 4332 20.4 4682 19.3 35 44 1905 11.7 3007 14.1 3829 15.8 45 - 54 1433 8.8 1740 8.2 2189 9.0 55 - 64 1511 9.3 1860 8.7 1899 7.8 65 + 1951 12.0 2569 12.1 2952 12.2 Median Age 30.7 31.6 32.3 MALES 7944 $ 10100 % 11347 % 0 - 20 2694 33.9 3304 32.7 3803 33.5 21 - 44 3020 38.0 4081 40.4 4497 39.6 45 - 64 1412 17.8 1668 16.5 1861 16.4 65 + 818 10.3 1047 10.4 1187 10.5 FEMALES 8288 8 11171 % 12918 % 0 - 20 2617 31.6 3339 29.9 3905 30.2 21 - 44 3006 36.3 4378 39.2 5021 38.9 45 - 64 1531 18.5 1932 17.3 2227 17.2 65 + 1133 13.7 1522 13.6 1765 13.7 HOUSING UNITS 6457 % Owner-Occupied 4080 63.2 5611 6566 Renter-Occupied 1819 28.2 2409 2747 *Other race reported in 1980 Census modified to be consistent with current Census Bureau definition Source-1980-Census_- July1,1986 UDS Estimates (DTF) Urban Decision-Systems/PO-Box-25953/Los-Angeles, CA 90025/(213) 820-8931 Within the context of our overall evaluation and recommendation of General Plan policies, we will also recommend an optimum economic develop- ment strategy for the Atascadero downtown area intended to provide the basis for subsequent preparation of a downtown master plan. Specific analyses will also consider redevelopment as an implementation tool for downtown economic development, based upon its potentials and constraints. Detailed tasks and work products are presented below. Task I -- Organizational Meeting On award of contract the consultant will conduct an organizational meeting to: o Introduce principal consultants to be involved in the work program. o Meet with the Business Improvement Association and the Chamber of Commerce. o Tour the entire City with staff in order to grasp scale and issues. o Review the proposed work program and product delivery. o Establish coordination procedures for the City and consultant. o Review and confirm significant issues and development objectives for the Central Business District. o Identify data sources and obtain base maps. o Identify and review existing studies and plans, as well as proposed projects, which may impact development of the Central Business District. 2 Task II -- Baseline Inventory and Analysis (Citywide) A. Population and Employment Baseline data on population and employment characteristics will be compiled as reported by the U.S. Census for the census tracts that comprise of the City and overall market area. Selected demographic and economic data of both 1970 and 1980 will be collected and examined in conjunction with current data available from the City, the County, and the local Chamber of Commerce, State of California Department of Finance, regional tourist boards and ERA's on-line computer services. All data will be analyzed and relevant growth rates will be projected in five-year intervals to the Year 2000 for each category. 1. Population Population data collected will generally include the following characteristics: o Total population . o Age distribution o Racial characteristics o Ethnic characteristics Total population and households are projected in five-year increments to the Year 2000. Two sets of projections are made: one set based on historical growth, another set based on changes in land use policies that would alter historical growth patterns. 2. Employment and Income Employment and income data collected generally include the following characteristics: o Employment by industry o Employment by occupation o Income distribution (household, per capita) o Source of income o Poverty rate 3 B. E onomic Base Analysis { The existing economic base for the City and overall market area in 1980 and 1985 will be described from available data with respect to: o Employment groups o Labor pool, participation rate, and unemployment o Industry types and specializations o Product and service values produced o Sales tax revenue trends by outlet type o Assessed valuation trends o Capital investments in physical developments o Educational program linkages to industry o Rates of land absorption for urban land uses o Business formation rates o Trends in infrastructure development and utility service increments o Share and proportion of growth and economic capture within the region C. Economic Base Projections The city and sphere of influence rates of change will be projected by key economic activity indicators for five-year increments to the Year 2000: o Industry type and specialization growth probabilities o Labor pool growth and match to forecasted employment opportunities o Capital investment requirements to meet residential and nonresidential land absorption rates o Expected business formation rates and employment requirements o Potential nonresidential land use types demands 4 Product Pertinent demographic and economic data will be documented and included as part of the determination of Atascadero overall marketplace potentials and constraints. Task III -- CBD Market Analysis The consultant will prepare a retail/commercial market analysis and assessment of the Atascadero CBD marketplace. o Identification of the Atascadero CBD Marketplace This subtask requires the assessment of the Atascadero market- place and the trade area definition of primary, secondary, and tertiary markets. Next, for each basic activity market, we will then identify the existing penetration and capture of the Atascadero CBD. Our analysis will include a review of previous attitude surveys compiled by the Atascadero Chamber of Commerce and California Polytechnic State University with respect to shopping patterns, desires, etc. o Forecast of CBD Trade Area Changes Population changes within the three sets of market areas (primary, secondary, tertiary) will be forecast in five-year increments from 1985 through the Year 2000. Basic changes in the ages, ethnicities, and income/expenditure patterns of the market area populations during this forecast period will be indicated. We will identify any specialized populations to which the CBD businesses can more effectively market their goods and services. Existing and future market support for the CBD will be analyzed and projected to the Year 2000. 5 0 0 o Business Indicators The purpose of this subtask is to develop an understanding of the performance of the CBD business community. The consultant will synthesize taxable sales data with gross leasable square footage to derive sales per square foot estimates, by business type, for the preceding three years. Results will be correlated with the available purchasing power of the three market area populations to determine CBD leakages. Where specialized population groups display unique household purchasing criteria, the impact upon business activity within the CBD will be considered. o Effect of Competition Competitive retail/commercial centers within the three market areas will be analyzed to determine the nature and extent of competition for the goods and services dollars which may be spent in the Atascadero CBD. The consultant will identify competitive locations that act as interceptor capture points and differen- tiate by types of retail and office/commercial uses. This analy- sis will identify not only the existing competition, but also proposed projects in order to determine oncoming competition and, thus, assist the consultant and City in selecting the market approach which is best justified for the Atascadero CBD. Product The output of the business indicator and market analysis will be a freestanding working paper that should be reviewed and commented upon by the City and others who are part of the planning process. 6 • • Task IV -- Land Use Analysis Based upon the recently compiled land use information resulting from the ongoing General Plan update, the consultant will evaluate the City's existing land use patterns and vacant land inventory in order to frame appropriate land use policies and potentials. The analysis will include an evaluation of the existing Atascadero General Plan and Zoning policies in relation to current economic development standards. ERA will be particularly concerned with Highway 101 ramp locations, E1 Camino Real and freeway frontages, and potential "freestanding" locations which may enhance the City's economic base, disperse it, or cause unwar- ranted internal competition. ERA will request guidance from City staff concerning several related issues: o Is there a jobs/housing balance objective? o Is there a utilities extension management plan? o What is County policy concerning zoning of adjoining properties? o Does the City seek particular land uses not now in place, and therefore anticipate use of incentives to capture such new uses? Product The results of this task will be documented to provide a framework for General Plan/Zoning recommendations based upon various development potentials and constraints. Task V -- Retail Development Potential The preceding tasks provide the inventory of data necessary to assess the potential for capture of additional retail activity by the Atascadero CBD. Based on these, we will determine the prospects for existing retail businesses and future expansion within the CBD. 7 0 0 o Retail Demand Analysis Purchasing power and related floor space requirements, defined in the preceding subtasks, will be analyzed to project proposed floor space allocation for specific retail uses within the CBD. This analysis will identify types of businesses that are currently underrepresented in the CBD, and also point to "target businesses" that might have a high growth and success potential. Specific retail business activities will be identified by type, size, and scope of service. Product The results of this task will be documented to provide direction and an economic development strategy for stimulating reinvestment and deliberate outreach to capture diversified retail activities for the Atascadero CBD, and to recapture resident purchasing power now being lost. The demand will be quantified in land and floor space figures. Task VI -- Professional Office/Commercial Development Potential o Office/Commercial Demand Analysis Utilizing information generated by the previous tasks, we will assess the employment base of the Atascadero market areas to determine current unmet demand and future potential for office/ commercial development within the Atascadero CBD. Demand will be translated into floor space requirements and analyzed to project proposed land and floor space allocation for specific office/ commercial uses within the CBD. This analysis will identify types of office/commercial uses that are currently underrepre- sented in the CBD and also point to "target businesses" that might have a high growth and success potential. Specific office/commercial business activities will be identified by type, size, and scope of service. 8 Product The results of this task will be documented to provide direction and an economic development strategy for stimulating reinvestment and deliberate outreach to capture office/commercial activities for the Atascadero CBD. Task VII -- Industrial Development Potential o Industrial Demand Analysis Utilizing information generated by the previous tasks, we will assess the employment base and industrial growth patterns to determine historical absorption, current inventory or unmet demand, and future potential for industrial development within the Atascadero overall marketplace. Industrial potentials will be translated into land and floor space type requirements and analyzed to project proposed industrial land allocation within the Atascadero overall marketplace. This analysis will identify specific types of industry that are currently underrepresented in the Atascadero economic base (shift/ share analysis) and also point to "target industries" that might have a high growth and success potential and also fulfill economic development goals for the City of Atascadero. Product The results of this task will be documented to provide direction and an economic development strategy to target those industries which might balance the Atascadero marketplace and also fulfill general economic devel- opment goals of the Atascadero General Plan update. Task VIII -- Tourism Based Development Potential The preceding tasks provide the inventory of data necessary to assess the potential for capture of tourist dollars by the Atascadero CBD, principally in visitor accommodations and pass-through tourist services 9 uses. We will determine the prospects for existing tourist-related businesses and their future expansion within the CBD. Tourist-related purchasing power will be translated into specific land and floor space requirements that will be analyzed to project proposed floor space alloca- tion for specific tourist-related uses within the CBD. This analysis will identify types of businesses that are currently underrepresented in the CBD and also point to "target business" that might have a high growth and success potential. Specific business activities will be identified by type, size, and scope of service. Product The results of this task will be documented to provide direction and a marketing strategy for stimulating reinvestment and deliberate outreach to capture tourist-related activities for the Atascadero CBD. Task IX -- Policy Formulation Based upon the categorical development potentials for the Atascadero marketplace, the consultant will determine effects of the City's current economic development strategies, General Plan policies, and other available but not utilized economic development powers and authorities. Effect on the City's development potentials of various economic development programs will be evaluated, including: o Redevelopment potential and feasibility o Infrastructure financing plans o Mixed-incentive programs (e.g. , redevelopment, assessment district, and enterprise zones) o Industrial land promotion activities o Availability and capacity of utilities network o Major land holder development programs o Locational and access/image strategies o Specialized efforts for key industry evolution o Specialized efforts for economic diversification 10 0 i o Establishment of new proprietary/enterprise a encies of the g City or its special districts, if applicable o Specialized educational and research efforts to match identifi- able city and regional growth specialities o Formation of a "Fund" for the express purpose of achieving annually identified "doable" projects as a partnership on a citywide basis between the city and private enterprise o Creation of "public facilities districts" for funding of essen- tial facilities defined by the General Plan as required during phased built-out o Definition of "affordable improvement programs" for enhancement ^�0 at least cost and highest participation rates by the city and residents b✓ \ sk X -- n1iry Specification/Development Strate ies General Plan/Zoning A General Plan must contain new instruments which can be targeted to opportunities as they arise. Based upon an assessment of the effectiveness and practicality of those economic development mechanisms which should be part of the City's General Plan up- ate, ERA will propose General Plan language for the City's consideration to incorporate into its updated General Plan. The proposed economic development strategies will be predicated on each development potential as presented above. B. Downtown Development Strategy 1. The consultant will provide specific and straightforward recommendations as to the optimum economic role of the Atascadero downtown area within the context of the General Plan economic development strategies noted in the preceding subtask. 11 2. The consultant will provide an analysis of pre-redevelopment feasibility to determine whether redevelopment is economic- ally feasible in the potential Atascadero downtown project area. Subtasks that will be carried out will include: o Definition of overall economic constraints and opportuni- ties within which redevelopment may work in Atascadero. o Consideration of blighting characteristics evident in the Atascadero downtown area based upon specific references to data already collected via the General Plan activities. o Report upon the economic feasibility, now and in the future, of implementing a redevelopment project in the Atascadero downtown area. In order to instill clear objectivity, and to show specific example analyses, ERA will use a series of investment -- return models to demonstrate the feasibility of individual development projects. (ERA will be identifying the likelihood of reasonable tax increment generation and debt coverage within three to five years after project startup) . A specific project "pro forma" partnership format that incorporates all program parameters and alternative land use criteria will be used to define between three and five explicit practical development and rehabilitation projects. This analysis will provide a hallmark of reality for this important feasibility study. Task XI -- Final Report to City Council Having prepared a series of typical working memoranda during the entire period, for purposes of meetings and review in Atascadero with the client group, ERA will have prepared and submitted a draft final report at the conclusion of Task X, above, in 30 copies. We anticipate City and client group review during a two-week period, our response to your comments 12 and requests for corrections. Thereafter, ERA will prepare and submit 100 copies of a final report and will make a public presentation in Atascadero before the City Council and Planning Commission. We would also anticipate a separate presentation on that day to the Chamber of Commerce and the Business Improvement Association. PROJECT TIME SCHEDULE Time to Complete Anticipated from Date of Consultant Authorization Hours Tasks to Proceed Required I. Organizational Meeting*M 1 week 20 II. Baseline Inventory and Analysis* 5 weeks 80 III. Market Analysis 9 weeks 64 IV. Land Use Analysis* 11 weeks 40 V. Retail Development Potential 13 weeks 64 VI. Office/Commercial Development Potential*M 15 weeks 44 VII. Industrial Development Potential 17 weeks 44 VIII. Tourism-Based Development Potential* 19 weeks 64 IX. Policy Formulation 23 weeks 32 X. Policy Specification/Development Strategies* 27 weeks 80 A. General Plan/Zoning B. Downtown Development Strategy XI. Final Report to City Council*M 30 weeks 40 Total 572 hours * Seven anticipated trips to Atascadero. M Three proposed meetings with client groups in Atascadero. 13 • • MANAGEMENT AND STAFFING ERA will commit Mr. David A. Wilcox, Senior Vice President, as Project Manager. He will be supported by two economic development specialists in our Los Angeles office. Mr. Sidney L. White, Senior Associate, and Mr. Estevan R. Valenzuela, Senior Associate, will form an interdisciplinary team to evaluate demographics and economic trend information and to identify development potentials. The resume of each staff member is enclosed for your information. RECOMMENDED COMPENSATION ERA recommends a total lump sum price of $49,040 for the proposed scope of work. The cost components have been built up from our estimate of the need for professional consultant time shown above in the Project Time Schedule and the direct supporting costs, and are as follows: Professional Consultant Labor and Attendance at 3 Meetings (572 at $75 composite billing rate) $42,900 Report Production $ 4,340 o Typing, graphics $ 3,000 0 30 copies draft 240 0 100 copies final report 800 o Graphics boards 300 Travel and per Diem (based upon seven round trips by ERA staff) $ 1,000 Other (data purchase/computer analysis) $ 800 14 0 ! Unforeseen additional services will be billed at: Professional Consultant Labor Principal $ 115/hour Senior Associate 85/hour Associate 65/hour Report Production Typing, Duplication $ 30/hour Graphics 45/hour Travel Car, per Diem @ 1.10 x Actual Other Data Purchase/Computer Analysis @ 1.10 x Actual ERA recommends a monthly invoice procedure based on cumulative percentage of work accomplished. Our firm will commit to completion of the product in a timely manner and we will be pleased to present any certificates of insurance which the City of Atascadero may require of professional consultants. QUALIFICATIONS OF THE FIRM CA selected set of materials defining the qualifications of the firm separately accompanies this proposal. Should you desire additional detail, we will be pleased to present further information. Please feel free to call upon the client references shown in the qualifications materials. 15 Exhibit "B" PAYMENT SCHEDULE Consultant will invoice the City monthly, based on cumulative percen- tage of work tasks completed; provided that the maximum fee shall not exceed a lump sum of $45,740, unless authorized for extra work pursu- ant to Article 4 of this agreement. File: csltagre 8 M E M O R A N D U M TO: B.I.A./City/Chamber Committee May 13 , 1987 FROM: Henry Engen Community Development Director RE: ECONOMIC BASE ANALYSIS AND DOWNTOWN REVITALIZATION PROPOSALS BACKGROUND: s' At the April 24th meeting, the committee established a process for { recommending a consultant to prepare the Economic Base Study for the City with a focus on downtown revitalization opportunities. (See attached March 26, 1987 request for proposal sent to nine consulting firms. ) Subsequently, a screening committee comprised of Eric Hagen, Robert Nimmo, David Jorgensen, and myself met on May 8, 1987 to review the seven responses (refer to attached RFP analysis) . It was the unani- mous conclusion of the committee to concentrate on doing a background evaluation on Economic Research Associates (see attached proposal) , and to negotiate with them in terms of possibly reducing costs ($49 ,040) and the overall time frame (7 months) . They had the most thorough proposal with the most extensive background in serving both public and private clients. BACKGROUND EVALUATION: Since the meeting on May 8th, I have contacted individuals who have employed Economic Research Assocites including persons not specifi- cally listed as a reference. A summary of comments received on the firm in general and the specific individuals who would represent the firm are as follows: "Outstanding, we utilized the firm for 1 1/2 years. " "They hired a good employee from us, and if you have him and Dave Wilcox, you will have an especially effective team. " "The work was always submitted on time, they did a fine job, and were very effective meeting with merchant groups. " "They were easy to work with. . . .The emphasis of the study was on hotel and tourism potential and advisability of annexing a large area. . . .We were very pleased with their work, they gave us a good balance between fiscal and environmental impacts, and as a result, the annexation proposal was rejected as being negative to the City' s cash flow. " Economic Base Analysis & Downtown Revitalization Proposals "I worked with Dave Wilcox. . . .Ours is a built-out town seeking help with the downtown area; they have a good reputation and we had no problems with ERA; they were on time and good with the cit- izens advisory and economic development groups. . . .They handled issues well at public meetings. " "You are not going to find any skeletons in ERA' s closet. "They are a great firm. " WORK PROGRAM REFINEMENT: In reviewing ERA' s proposed scope of work , it appeared that the major negative was a seven (7) month time frame. It was determined that some data details might not be necessary. I have talked with their { staff, who are in the process of preparing an adjustment that willR"' result in less costs ($45 ,740) and a time frame of 5 months. This 71 ;` modification to thero osed work P p program will be distributed May 15. In addition to an excellent proposal, the firm does not have any built-in bias in favor or against redevelopment as a possible tool for meeting community revitalization objectives. RECOMMENDATION: Recommend to the City Council that the firm of Economic Research • Associates (ERA) be selected to undertake the Economic Base Analysis and Downtown Revitalization Evaluation called for in the request for proposals. HE:ps Enclosures: March 27, 1987 Request for Proposals and Work Program Economic Base RFP Analysis April 24, 1987 ERA Proposal Background of Firm Materials File: biamemo 2 DA • __ E M 0 R A N D U M TO: City Council VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director SUBJECT: Tentative Parcel Map 9-87 (continued from City Council' s June 23, 1987 meeting) The attached parcel map was pulled from the Consent Agenda at the June 23rd Council Meeting, and was continued to the July 14th meeting for consideration under Unfinished Business. HE:ph • Enclosure: June 23, 1987 Staff Report • T1NG . A M E M O R A N D U M TO: City Council June 23, 1987 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director . SUBJECT: Tentative Parcel Map 9-87 LOCATION: 9000 Atascadero Avenue APPLICANT: Julie Kuhlman (Jack Bray) REQUEST: Subdivision of one parcel containing 1. 0 acre into two lots of 0. 5 acre each. BACKGROUND: On May 5, 1987 and May 19, 1987 , the Atascadero Planning Commission conducted a public hearing on the above-referenced subject, unanimous- ly approving the land division request subject to the findings and conditions contained in the attached staff report. The net area of• each parcel is less than 20,000 square feet (±18,900 square feet), but the map preceeded the effective date of the urgency ordinance pertain- ing to minimum lot size in the RSF-X zone . There was discussion on this matter as referenced by the attached minutes excerpts. RECOMMENDATION: Approval of Tentative Parcel Map 9-87 subject to the findings and con- ditions contained in the staff report. HE:ps cc: Julie Kuhlman Jack Bray Attachments: Memorandum - May 19, 1987 Staff Report - May 5, 1987 Minutes Excerpts - May 5, 1987 and May 19, 1987 Item: B-1 M E M O R A N D U M TO: Planning Commission FROM: teven L. DeCamp, Senior Planner DATE: May 19, 1987 RE: Tentative Parcel Map 9-87 (Kuhlman/Bray) 9000 Atascadero Avenue At your meeting of May 5, 1987, the Commission considered the above referenced parcel map application. After receiving testimony and considering the staff report, the Commission directed staff to return with draft Findings for Approval and Conditions of Approval. The requested Findings and Conditions are attached to this memorandum along with a copy of the prior staff report. SLD:ps � s EXHIBIT C - Tentative Parcel Map 9-87 Findings for Approval May 19, 1987 FINDINGS: 1. The creation of these parcels conforms to the Zoning Ordinance and 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 proposed. 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. EXHIBIT D - Conditions of Approval Tentative Parcel Map 9-87 May 19, 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 building or other restrictions related to the easements, they shall be noted on the final map. 3. Grading, drainage, and erosion control plans, prepared by a regis- tered civil engineer , shall be submitted for review and approval by the Community Development and Public Works Departments prior to issuance of building permits in conjunction with installation of driveways, access easements or structures. 4. Road improvement plans, prepared by a registered civil engineer, must be submitted to and approved by the Public Works Department prior to recording the final map. Road improvement plans shall include the following: twenty (20) foot wide pavement width from the centerline of the right-of-way along the entire property frontage along Portola road and Atascadero Avenue. The corner radius shall be thirty (30) feet at the edge of pavement and twen- ty (20) feet at right-of-way. Two City standard drive approaches shall be included to serve both parcels. 5. All existing and proposed utilities shall be shown on the road improvement plans. Any alteration or relocation of existing utilities shall be noted on the plan and shall be the responsibil- ity of and at the sole expense of the developer. 6. Construction of road improvements shall be completed (or bonded for) prior to recording the final map. 7. The applicant shall 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 Department standards and the current State of Calif- ornia uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 8. The applicant shall offer for dedication to the City of Atascadero the following rights-of-way: a) Street Name: Portola Road b) Limits: Ten (10) feet along entire frontage C) Street Name: Atascadero Avenue d) Limits: Five (5) feet along entire frontage e) Corner Rounding: Twenty (20) foot radius at intersection is 9. An offer of dedication shall be made to the public for the Public Utilities Easements, if any. 10. Offers of dedication shall be completed and recorded prior to or simultaneously to recording the final map. 11. Wastewater disposal shall be by connection to the public sewer. 12. Obtain a sewer connection permit from the Public Works Department prior to connecting to the public sewer. 13. Pay sewer annexation fee for additional parcel being created prior to recording the final map. 14. The sewer main in Portola Road shall be extended to allow private lateral connection to sewer to be within property frontage. Plans for the sewer extension shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to any construction. 15. The access strip to the new lot shall be a minimum of twenty-five (25) feet wide. 16. The boundary between the lots shall be redrawn to more nearly equalize the net size of the two resultant lots. 17. The subdivider shall contribute $1,725 ($150 X 5'W X 230 'L) to a sidewalk sinking fund for the future installation of sidewalks along the entire frontage of the property along Atascadero Avenue and Portola Road. 18. 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 submit- ted 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. 19. 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 Atacadero Item: B-2 STAFF REPORT FOR: Planning Commission Meeting Date: May 5, 1987 BY: A'Steven L. DeCamp, Senior Planner File No: TPM 9-87 Project Address: 9000 Atascadero Avenue (Parcel A of AL 79-01) SUBJECT: Subdivision of one parcel containing 1.0 acres into two (2) lots con- taining 0. 5 acres each. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . ..Julie Kuhlman 2. Representative. . . . . . . . . . . . . .John Bray 3. Site Area. . . . . . . . . . . . . . . . . . . 1.0 acres (gross) ; 0.88 (net) 4. Zoning. . . . . . . . . . . . . . . . . . . . . .RSF-X (20 ,000 square feet) 5. Existing Use. . . . . . . . . . . . . . . .Parcel 1 - Vacant Parcel 2 - Single Family Dwell- ing 6. General Plan Designation. . . .High Density Single Family 7. Environmental Status. . . . . . . .Negative Declaration posted April 6, 1987 B. ANALYSIS: The application before the Commission proposes the subdivision of one parcel containing 1.0 acres into two (2) parcels containing 0.5 acres each. The property proposed for subdivision is located in an RSF-X zoning district. The minimum lot size in this zone is 20 ,000 square feet where sewers are available and 0 . 5 acres where sewers are not available. Because sewers are available to the property in question, the 20 ,000 square foot minimum lot size is applicable. The property in question contains 1.0 acres when measured to the centerlines of Portola Road and Atascadero Avenue (gross average) . The net acreage, however , is 0. 88 acres (excludes road rights-of- way) . The subdivision would result in parcels of 21, 405 square feet (net) and 16,400 squarefeet (net) . The smaller of the two proposed lots contains a single family dwelling and garage. The second lot is currently vacant. • 0 Staff Report - TPM 9-87 9000 Atascadero Ave. (Kuhlman/Bray) Page Two The City' s General Plan indicates, on page 58, that: "In the cal- culation of lot area for the purposes of considering land divis- ions. . . .gross acreage shall be used" . Although the proposed sub- division meets the "letter" of the minimum lot size determination language, it does not appear to meet the intent of the recently adopted zoning ordinance amendment providing for 20, 000 square foot lots. The intent of the Planning Commission and City Council in adopting the zoning ordinance amendment allowing for 20, 000 square foot lots was intended to eliminate questions regarding road ownership and "gross average" calculations. Staff believes that Tentative Parcel Map 9-87 skirts the intent of the ordinance and results in lots smaller than anticipated or desired. Based on the intent of the Commission and Council, staff does not believe that the proposed map (TPM 9-87) creates sites that are physically suitable for the type or density of development pro- posed. C. RECOMMENDATION: Staff recommends disapproval of Tentative Parcel Map 9-87 based on the Findings in Exhibit C. SD:ph Attachments: Exhibit A - Location & Zoning Map Exhibit B - TPM 9-87 Exhibit C - Findings for Denial WAVSoV ON ©`� • E)4418IT B CITY OF t a �� • ATASCADERO _s COMMUNITY DEVELOPMENT T PM 9 $7 DEPARTMENT R`TENTFIT/yE P9PCEG /yIAP oww_f'S CFFTir 4'. 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Foi ✓�./r.f'�b/mvp ��•.ter• COMMUNITY DEVELOPMENT • • EXHIBIT C - Findings for Denial Tentative Parcel Map 9-87 (Kuhlman/Bray) May 5, 1987 FINDINGS: 1. The creation of these parcels does not conform to the zoning ordi- nance and the general plan. 2. The site is not physically suitable for the type of development proposed. 3. The site is not physically suitable for the density of development proposed. MINUAES EXCERPT - MAY 5, 1987 2. Tentative Parcel Map 9-87 : Request initiated by Julie Kuhlman (Jack Bray) to allow subdivi- sion of one parcel containing 1. 0 acres into two lots of 0. 5 acres each. Subject site is located at 9000 Atascadero Avenue (Parcel A of AL 79-01) . Mr. DeCamp, Sr. Planner, gave staff report, recommending denial due to net lot area of less than 20 ,000 sq. ft. , and responded to questions from the Commission. He noted that a title report submitted with this application indicates the applicant does have fee ownership to the center of the streets (Portola & Atascadero Ave. ) . Public Comment Jack Bray, 9480 Atascadero Ave. , surveyor of record on TPM 9-87 , spoke in support of this application. He noted the application was based on Planning staff having informed both him and Ms. Kuhlman that subject lot met the criteria established by ordinance and could be legally split; otherwise, the applicant would not have risked both time and money on this endeavor . He urged that the Commission will address in its decision not only the letter of the ordinances involved but, also, the responsibility of our City officials in their interpretation of our laws as well as addressing the responsibility for advice that is given to the general public about these laws. Dean Crawford, 8575 Portola (directly across the street from proposed subdivision) , spoke in opposition to this proposal, based on the ap- parent creation of flag lots. Dennis Lockridge, 8935 Atascadero Ave. , encouraged the Commission to concur with staff' s recommendation for denial of this application. Julie Kuhlman, applicant, 9000 Atascadero Ave. , expressed her dis- satisfaction with the change in staff' s position on this issue. She noted the person from whom she purchased subject property added her adjoining land to this parcel to make it an acre (in 1980) ; at that time, she could have added more land, but City staff discouraged her indicating that the streets were included and considered within her acre. Commission discussion over concerns expressed ensued. Mr . DeCamp noted this application was received on March 27, 1987, and was held for approx. one month to allow the new 20 , 000 sq. ft. zoning to take effect feeling the lot did not constitute the necessary one-half acre. Also, at that time, the question of the roads was being reviewed with the City Attorney and other agencies; staff' s position was that the City owned the roads in fee. In the interim, staff has received the City Attorney' s verbal opinion that the City does not own those streets in fee, but they are owned by the adjacent property owners. MOTION: By Commissioner Lopez-Balbontin to continue this item and request that staff come back with findings and conditions of approval for TPM 9-87, seconded by Commissioner Copelan; passed by 6 :0 roll-call, with Commissioner Hatchell absent. 2 Item: A.1 MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting Monday, May 19, 1987 7 :30 p.m. The regular meeting of the Atascadero Planning Commiss 'on was cal d to order at 7 :33 p.m. by Chairman Bond, followed by a Pledge of Al giance led by Commissioner Hatchell. ROLL CALL Present: Commi ioners Kidwell, Hatchell, Michi ssen (arrived 7 :45 P.M. ) , lan, Lopez-Balbontin, Copel n, and Chairman Bond Absent: None Staff Present: Steven De mp, Senior anner ; Paul Sensibaugh, Public Works Direc r; Dou avidson, Assistant Planner ; and Patricia Shep ar Administrative Secretary I A. CONSENT CALENDAR 1. Approval of nutes of the regul Planning Commission meet- ing of May , 1987 2. Approva of proposed Lot Line Adjustm t 9-87 - 5100/5102 Fres (Paul Baum/Cuesta Engineering) 3. A roval of interpretation request by Public Works Director concerning Tentative Tract Map 20-86 (8305 Cor ar - Molina) TION: Made by Commissioner Hatchell, seconded by Co issioner Nolan and carried unanimously to approve the consent calendar as presented. B. HEARINGS, APPEARANCES, AND REPORTS 1. Tentative Parcel Map 9-87 : Request initiated by Julie Kuhlman (Jack Bray) to allow sub- division of one parcel containing 1.0 acres _ato two lots of 0.5 acres each. Subject site is located at 9000 Atascadero Avenue (Parcel a of AL 79-01) . (CONTINUED FROM 5/5/87 MTG) Steve DeCamp presented the staff report summarizing the previous meeting 's action on this item. Jack Bray, engineer for the applicant, spoke in support of the request and stated the applicant had no objections to the condi- tions of approval. Minutes - Planning Commission - May 19, 1987 Dennis Lockridge, 8935 Atascadero Avenue, asked some general ques- tions pertaining the conditions of approval. MOTION: Made by Commissioner Nolan, seconded by Commissioner Kidwell and carried unanimously with a roll call vote to approve Tentative Parcel Map 9-87 subject to the findings and conditions contained in the staff report. Chairman Bond stated that he felt this map did not meet the intent of the 20 ,000 square foot ordinance; however, it did meet the letter of the law. 2. Road Abandonment 1-85 : Request initiated by Arnold Pacific Properties Inc. to a ow the abandonment of Solano Road to accommodate an ex nded shopping center (Longs Drug Store) . (CONTINUED FROM 5/5/87 MEETING) Chairman B d noted that the applicants have requested th the hear- ing be re-op ned in order to allow for new testimony on he matter. Steve DeCamp, S for Planner , stated he is in receip of a petition from property own s throughout the City who are i favor of the aban- donment of Solano R d. He noted there was no new information to present. • Scott Thayer, Senior Vic President of Arno Pacific Properties, sum- marized the intent of the oject which w ld be to abandon Solano Road in order to bring in ngs Drug ore within the Lucky shopping center . He felt that with the closin of Solano Road, they could pro- vide an equal, if not better, a ess onto E1 Camino Real through cer- tain mitigation measures. Commissioner Lopez-Balbontin as ed Mr. Thayer if his position had changed with regard to his w' lingness to participate in the drainage mitigation problems associa d with the s ' te. Mr . Thayer responded that they are willing to participate in the off-site improvements to better the intersection r immediate area, but noted there is only so much they can do s developers. He noted,he would be willing to go along with a fair hare contribution but did point out that he had a problem with t conditions of approval pertaining to the drainage and traffic signa ization requirements. Gary Veasy, r resentative with Longs Drug Store ( lr.at Creek) , thanked th Commission for taking a closer look at the ject, i.e. , traffic pr lems. He stated that they can provide a servi e to the communit . He further noted that several local landowners h ve been in co act with his offices concerning the feasibility of othe sites in t City and clarified that no agreements have been made with oth r sites; he explained the reasons for wanting Longs Drug S re t be a part of the Lucky shopping center . 2 M E M O R A N D U M TO: City Council July 14 , 1987 VIA: Henry Engen, Community Development Director �VE- Michael Hicks, Acting City Manager FROM: Joel Moses, Associate Planner SUBJECT: Status Report - Tree Preservation Ordinance BACKGROUND: Some time ago, an adhoc committee established itself to prepare a draft ordinance for the protection of trees within the City. A draft ordinance was presented to the staff in May of 1986 . Comments on the ordinance were prepared and returned to the committee a short time later. The Council has recently made the committee official and has given the project a high priority in the Fiscal Year 1987-88 special studies work program (due September 1987) . • EXISTING STANDARDS: The staff has completed a review of the current General Plan and Zon- ing Ordinance as to current policies and ordinances that apply to trees. The existing General Plan reviews and sets priorities as to both tree protection and the use of trees to enhance the community. Policies can be found in the "Land Use Element" , "Open Space and Con- servation Element" , "Circulation Element" and "Community Appearance Element". A review of the Zoning Ordinance has noted sections for tree preservation are not only contained in the Tree Removal Section (9-4.156) but under Landscaping (9-4.124) , Grading (9-4.141) and with- in the Appearance Review Manual. SCOPE OF STUDY: The Tree Preservtion Study is expected to deal with the following: I. Tree Removal - process and guidelines for the removal of trees within the City. This would include specific trees pro- tected and findings for removal. II. Tree Protection - this would cover protection of trees dur- ing construction, and after construction. This would include areas of protection required around trees during and after construction along with development standards under trees. • i III. Street Tree Requirements - specifics on street trees, loca- tion, types and development, including maintenance. IV. Tree Maintenance - this would cover mistletoe removal and replacement of trees and define pruning. V. Special Trees - special trees protected from removal and listed. . . . . . . . . . . . . AT'S NEXT Staff has contacted most of the members of the committee and has set a meeting for 7:00 P.M. on Wednesday, July 15, 1987 in the Club Room, to review these policies and ordinances. It is also planned to review a preliminary outline for ordinance content at that time. It is antici- pated that from this review of existing ordinance policies and draft outline, a structure for revision to ordinances may be developed. JM:HE:ph cc: Stubby Fasig Barbara LaSalle Betsey Collins Ellain Oglesby . John Cole Jim Dolits Marjorie Mackey Attachment City of Atascadero Tree Preservation Ordinance Committee July 1987 Stubby Fasig 466-0550 (Home) P.O. Box 326 Atascadero, CA 93423 Barbara LaSalle 461-2219 (Work) 7505 Marchant 461-3559 (Home) Atascadero, CA 93422 Betsey Collins 466-2101 (Home) 8730 Casanova Atascadero, CA 93422 Ellain Oglesby 466-1532 (Home) 9195 Santa Lucia Atascadero, CA 93422 John Cole 466-0228 (Home) 8710 Sierra Vista Atascadero, CA 93422 Jim Dolits 466-5966 1300 Garcia Road Atascadero, CA 93422 Marjorie Mackey 466-1811 5504-A Tunitas Atascadero, CA 93422 i M AG7NDA DATe 711 '7 1?Em • M E M O R A N D U M TO: City Council Members July 14, 1987 FROM: Bob Best Parks and Recreation irector SUBJECT: ATASCADERO LAKE DESIGN CONTRACT - ALDERMAN ENGINEERING RECOMMENDATION: Council approve Consultant Services Agreement Amendment (attached) with Alderman Engineering with the inclusion of Errors and Omissions Insurance and a revised contract amount of $20 ,350. BACKGROUND: On May 12, 1987, Council awarded the design phase of the Atascadero Lake Improvement Project to Alderman Engineering of • Los Osos for $17,850. The contract was approved conceptually, as the document was not available at the time of the meeting. The Request for Proposalt on this project did not require "Errors and Ommissions Insurance by the consultant. However, after Council action and discussions with Mr. Alderman, the Public Works Director,. Administrative Services Director, and City Attorney, it was determined that the Errors and Ommissions Insurance should be required. Alderman Engineering is in the process of obtaining the insurance with a $250 ,000 liability coverage, which has in turn creates an increase in his fee from $17,850 to $20 ,350. If for any reason Alderman Engineering is unable to obtain the insurance, staff will advise Council. ALTERNATIVE Council may desire to award the contract to John Wallace and Associates, who were the second consultant in the proposal process with a fee of $25,303. FISCAL IMPACT All fees will be paid by revenues from the Lake Improvement Grant, BB:KV FILE: MATASLA3 • CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, made this 14th day of July r 19 97, by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and Alderman Engineering r hereinafter referred to as ' "Consultant". Witnesseth eth For and in consideration of the mutual covenants herein contained, the parties hereto agree g as follows: Article 1 Responsibilities of &Consultant A. Scope. Consultant will provide the following engineering- services as described herein and under Exhibit "A" for the City project hereinafter described: Design Phase and Inspection/Contract Administration for Atascadero Lake Improvement Project Exhibit "A" is attached hereto and incorporated herein by reference as though here fully set forth. B. Coordination. In the performance of Consul- tant's service under this Agreement! Consultant agrees that he will maintain such coordination with City officials as may be • 1 • requested and desirable, including primary coordination with the Project Coordinator, herein designated as the Parks and Recreation Director. and also with the following City officials: Public Works Director C. Consultant's Services. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render I the services and furnish the work tasks as described in Exhibit "A", commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Manager. Article 2 Responsibilities of City City shall cooperate with Consultant on allP hases of the work covered by this Agreement and will make available to him, as his needs indicate, all existing maps, topographic maps, aerial photographs, soils reports, and other similar data in possession of City covering the site as selected. City shall also be responsible for providing such staff production assistance as is specified in Exhibit "A". Article 3 Fee and Provision for Payment City will pay Consultant a fee equal to $ 2 3.50-. 00, for work contracted in this Agreement and billed for based on the payment schedule in Exhibit "B". Exhibit "B" is attached 2 hereto and incorporated herein by reference as though here fully set forth. Any additional applicable hourly rate billings as authorized in Article 4 shall be based on the Fee Schedule contained in Exhibit Article 4 Payment for Extra Work or Chancres Any claim for payment for extra work or changes in the work will be paid by City only upon certification by the City Manager that the claimed extra work or change was authorized in advance by the Project Coordinator and the City Manager, and that the work has been satisfactorily completed. Claims for such extra work must be submitted by Consultant within thirty (30) days of completion of such work and must be accompanied by a statement of itemized costs covering said work. Article 5 Termination of Agreement Either party hereto shall have the right to termi- nate this Agreement upon giving ten (10) days written notice of such termination to the other party. In the event of the termination of this project in its entirety, notwithstanding any other fee provisions of this Agreement, based upon work accomplished by Consultant prior to notice of such termina- tion, City shall determine the amount of fee to be paid to 3 Consultant for his services based upon the provisions in Exhibit "B" , and such findings of City shall be final and conclusive as to the amount of such fee unless otherwise determined by arbitration. In the event of termination of any portion of this project , Consultant shall be entitled to the reasonable value of his services involved in the termination , as determined by City , upon a finding which shall be final and conclusive as to the amount of fee due and owing unless otherwise determined by arbitration. Article 6 Time of Completion Consultant agrees to diligently pursue his 'work under this agreement and to complete the work as described in Exhibit "A" in a satisfactory manner within ninety (90) days of receipt of the Notice to Proceed. Within seven (7 ) calendar days of commencement of work under this Agreement , Consultant shall submit to City for approval , an estimated completion schedule in graphic form clearly delineating all important increments and review dates . Article 7 Ownership of Data The ownership of one set of reproducible copies , all data collected for use by Consultant under this Agreement , together with copies of working papers , drawings , and other materials necessary for a complete understanding of the plans and necessary for the practical use of the plans shall be vest in City. Ownership of original drawings and documents shall be vested in the consultant . Consultant shall provide ten ( 10) copies of Schematic Design Documents to City as part of this Agreement . -4- Article 8 Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. Article Contract Personnel The work to be done pursuant to this Agreement shall be done by Alderman Engineering a licensed Civil Engineer , No. C036o46 , and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official who shall be vested with the right of approval of such addi- tional personnel or outside contracting parties shall be the City Manager. City reserves the right to reject any of 5 i i Consultant's personnel or proposed 'outside consultants, and City reserves the right to request that acceptable replacement personnel be assigned to the project. Article 10 Indemnitv Clause Consultant shall defend, indemnify, and save harm- less the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of the provisions hereof, including, but not limited to, any negligent act or omission to act on the part of Consultant , or his agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of City or City's agents, servants, or independent contractors who are directly responsible to City. This indemnification provision shall apply even if there is concurrent or joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties. Nothing in this Article shall apply to any liability covered by Consultant's errors and omissions insurance. , 6 i 0 Article 111 Insurance A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own expense, prior to commencement of the work of this Agreement, professional liability (errors and omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than $ 250 , 000. to cover all Engineering services rendered pursuant to this Agreement. B. Automobile and Public Liability Insurance. Consultant shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfac- tory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall be not less than the following: Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination thereof in an amount not less than $100,000.00. The following endorsements must be attached to the policy or policies: 7 (1) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". (2) The policy must cover personal injury as well as bodily injury. (3) Broad form property damage liability must be afforded. (4) The City of Atascadero, its officers, employees, and agents, shall be named as insureds under the Policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by City will be called upon to contribute to a loss hereunder. (5) The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. (6) The policy shall contain "cross-liability" such that each insured is covered as if separate policies had been issued to each insured. (7) City shall be given thirty (30) days notice prior to cancellation or reduction in coverage of the insurance. C. Workers Comnensation Insurance. In accordance With the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for workers compensation or undertake self-insurance. Consultant agrees 8 • 0 � to comply with such provisions before commencing performance of any work under this Agreement. D. Codes of Insurance to City Before Commencement of Work. Consultant shall provide certificates of insurance to City prior to commencement of the work of this Agreement. Certificates of insurance are necessary before a Notice to Proceed will be issued, and shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Agreement. Consultant shall not perform any work under this Agreement until he has obtained the required insurance and until the required insurance certificates have been submitted to City and approved by the City Attorney. If Consultant fails or refuses to procure or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement. Article 12 Bonding This Article is deleted. 9 �► 0 . Article 13 Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel or subcontractors be construed to be employees of City. Article 14 '* Non-Discrimination Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965, and all other orders, regulations, and laws governing non- discrimination in employment, including in particular, Section 122 (a) of the State and Local Fiscal Assistance Act of 1972. Article 15 Modification of Agreement This Agreement may be modified only by a written amendment signed by both parties hereto. Article 16 Law Governing This Agreement shall be governed by the laws of the State of California. Article 17 . The Standard Provisions of Agreement , Exhibit "C" , shall be incorporated hereto and be made a part of this agreement . 10 Article 18 . Communications Communications between the parties to this Agreement may be sent to the following addresses: City: CITY OF ATASCADERO 6500 Palma Avenue P.O. Box 747 Atascadero, CA 93423 Attn: City Manager Consultant: Alderman Engineering 1770 12th St . Los Osos , CA -9-3-4-02 ACCEPTED AND AGREED this day of 19 CITY: CONSULTANT: CITY OF ATASCADERO, a municipal corporation By ByM. Q ` BARBARA NORRIS Mayor AMR& ALDERMAN Lakes/Water Feature Engineer ATTEST: BOYD C. SHARITZ City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: ROBERT BEST JEFFREY G. JORGENSEN City Attorney Parks and Recreation Director JGJ: fr/1/29/87 C:AGATA315 11 Exhibit "A" Responsibilities of Consultant SCOPE OF SERVICE 1. Design Phase - consultant shall design plans and specifications as per the Lake Feasibility Study for the following items : a) Design of Ozonation/Aeration System - consultant shall have adequate research findings to justify the success rate of this type of system. Any additional research by the consultant shall be billed to the City at the consultants normal hourly rate . b) Extension of water supply line discharge c ) Mechanical biofiltration of Lake Water (swimming area) d) Formation of Isolated marsh area at South end of lake , including dike . e) Planting of submergent and emergent aquatic plants , including sources and methods f) Monitoring system of water oxygen levels before planting of fish, including methods for work to be done in-house on a continuing basis . g) Materials costs and site visits h) Water Well Feasibility Determination - consultant shall determine feasi- bility of well as a lake water source and cost of completed well with a location. If adequate water is available , consultant shall provide design for the well . This item i.s separate from the base contract price , and shall be provided for, per consultant ' s proposal , dated April 29 , 1987 . 2 . Inspection and Contract Administration Phase - consultant shall provide services as per the Request for Proposals - Atascadero Lake Improvement Project . A copy is attached to this contract . The rate shall be $35 hourly as per the Consultant ' s Proposal. 3. Consultant shall provide as-built construction drawings for all work for which he provides Contract Administration . 4. Consultant shall provide a completed materials list for all equipment to be purchased. 5. Consultant shall provide a source listing for all equipment to be pur- chased. 6. Consultant shall provide a cost estimate for all work to be completed. 7 . Consultant shall provide Progress Prints for City review prior to final drawings being sumitted. 8. Items not specifically listed in the Request for Proposals shall be billed at the Consultants normal hourly rate of $35 hourly. EXHIBIT "B" PAYMENT SCHEDULE City agrees to compensate client for such service as follows: 15% of total fee upon receipt by Client of Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,052. 50 25% of total fee upon completion of all Preliminary Sketches for review by City. . . . . . . . . . . . . . . . . . . . . .$5,087. 50 25% of total fee upon completion of Client Progress Prints and presentation to City for review. . . . . . . . .$5 ,087.50 35% of total fee upon completion of Final Plans and Specifications and items listed in Exhibit A. . . . . . .$7 ,122. 50 Inspection and Contract Administration - Shall be billed separately to the City at an hourly rate of $35.00 for all services. water well Feasibility Research - Shall be billed to the City in the amount of $700 for research. Additional fees shall be billed as per the consultant' s proposal, dated April 29, 1987. ## PLEASE ADD 0 YOUR AGENDA PACKET OF 7/40 - AGENDA ITEM C-4 Exhibit "C" Standard Provisions of Agreement City and Consultant agree that the following provisions shall be part of their Agreement: 1. City binds itself, its partners, successors, executors, administrators, and assigns to the Consultant to this Agreement in respect to all of the terms and conditions of this Agreement. 2. In the event that any required staking is destroyed by an act of God or parties other than Consultant, the cost of restaking shall be paid for by City as extra work. 3 . City shall pay the costs of, and bear the responsibilities for, checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and all other fees, permits, bond premiums, title company charges, blueprints and reproduction, and all other charges not specifically covered by the terms of this Agreement. 4. City shall bear sole responsibility for any maps, survey data, drawings, or other information and/or any recommendations or orders furnished by City directly or indirectly to Consultant. 5. Fees and all other charges will be billed periodically as the work progresses as per the Payment Schedule, Exhibit "B", and the net amount shall be due at the time of billing. 6. Neither City nor Consultant shall assign its interest in this Agreement without the written consent of the other. 7. No conditions or representations, altering, detracting from, nor adding to the terms hereof shall be valid unless printed or written hereon or evidenced in writing by either party to this Agreement and accepted in writing by the - other. 8. All agreements on Consultant's part are contingent upon, and Consultant shall not be responsible for damages or be in default or be deemed to be in default by reason of, delays in performance by reason of strikes, lockouts, accidents, acts of God, and other delays unavoidable or beyond Consultant's reasonable control, or due to shortages or unavailability of labor at established area wage rate, or 1 . delays caused by failure of City or City's agents to furnish information or to approve or disapprove Consultant's work promptly, or due to late or slow or faulty performance by City, other contractors or governmental agencies, the performance of whose work is precedent to or concurrent with the performance of Consultant's work. In the case of the happening of such cause of delay, the time of completion shall be extended accordingly. 9. Consultant makes no representations concerning soil conditions unless specifically included in writing in this Agreement, and he is not responsible for any liability that may arise out of the making or failure to make soil surveys or subsurface soil tests or general soil testing. 10. In the event that any changes are made in the plans and specifications by City or persons other than Consultant, which affects Consultant's work, any and all liability arising out of such changes is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 11. Consultant is not responsible, and liability is waived by City as against Consultant for use by City or any other person of any plans or drawings not signed by Consultant. 12 . City agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during thecourseof construction of the project, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal working hours; and City further agrees to defend, indemnify, and hold Consultant harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole negligence of Consultant. 13 . Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instruments and documents which may be necessary and proper to carry out the terms of this Agreement. 14. The terms and provisions of this Agreement shall not be construed to alter, waive, or affect any lien or stop notice rights, which Consultant may have for the performance of services under this Agreement. 2 15. One or more waivers of any term, condition, or covenant by Consultant shall not be construed by City as a waiver of a subsequent breach of the same or any other term, condition, or covenant. 16. In the event any provision of this Agreement shall be held to be invalid and unenforceable, the other provisions of this Agreement shall be valid and binding on the parties hereto. 17. Services provided within this Agreement are for the exclusive use of City. City agrees to refrain from making such services (i.e. , plans, sketches, drawings, specifications, or any other written communications) available to any other parties and/or for any other projects except for the express and sole purpose of design and construction of the project as pertains to this Agreement. 18. There are no understandings or agreements except as herein expressly stated. ACCEPTED BY: ALDERMAN ENGINEERING By JEFFREY R. ALDERMAN JGJ: fr/7/9/87 A:EXATA182 3 3 . Consultant shall provide as-built construction drawings for all work for which he/she provides contract administration. 4 . A completed materials list and specificiations for all equipment to be purchased. 5. Provide source listing for all equipment to be purchased. 6. Cost estimate for all work to be completed. 7 . Provide progress prints for staff review prior to final drawings being submitted. NOTE: The City will provide any information it has available upon a request by the consultant. The consultant should satisfy himself/herself prior to submittal of proposal as to what information is available. BACKGROUND The consultant shall present the City with background information on his/her firm and the key individuals that will work on the project . The consultant shall be a Registered Civil Engineer, and should have a Biologist available to review any design work as it relates to the Scope of Services. A Contact person will be named if the proposal is accepted. The company' s experience in this type of design work should be included. The con- sultant must be available for inspection services within 24 hours of notice. FEES The consultant shall present his/her proposal based on a not to exceed figure (except Item l .b which is based on an hourly rate and 2 . d. ) Item 2 .d, shall include on an hourly basis : Well Feasibility and loca- tion; Cost estimate for well ; Well Design. Items not specifically listed in the above information may be listed, and should be based on the con- sultant ' s normal hourly rates. Costs for any proposed test wells shall be included. TIME SCHEDULE Time is of the essence with this project . Consultant shall indicate a completion date of the Design Phase for the requested services . Attached is a sample agreement which may be used for the project . Consultant should review and make appropriate comments regarding possible format of the agreement . We look forward to your submittal and are ready to answer any questions that you may have. Proposals are due on or before 12 : 00 noon , April 29th at the office of the Director of Parks and Recreation. You may mail your proposal to City of Atascadero , Director of Parks and Recrea- tion , P.O. Box 727 , Atascadero, CA 93423. zNDA MEMORANDUM May 5, 1987 To: City Council - Via: Mike Shelton, City Manager From: Bob Best , Parks and Recreation Director-& LL l Subject: Award of Atascadero Lake Improvements Design Phase BACKGROUND :z r' On March 24th Council authorized Parks and Recreation to seek proposals . for Engineering Services for the Design Phase of the Atascadero Lake Improvement Project . This process was completed on April 29th. SCOPE OF SERVICES The scope of services was divided into two phases. These included: 1. Design Phase - design of Ozonation/Aeration System; extension of water supply line discharge ; mechanical biofiltration system; formation of isolated marsh area at south end of lake , including dike ; planting of emergent and submergent aquatic plants , including sources and methods ; monitoring system of water oxygen levels. A separate cost figure to be provided regarding well feasibility and design. 2. Inspection and/or contract administration phase - proposal to be based on an hourly fee . PROPOSAL RESULTS INSPECTION/CONTRACT CONSULTANT DESIGN PHASE ADMINISTRATION PHASE Alderman Engineering $17 ,850. 00 $35 hourly Los Osos , CA John Wallace & Associates $25 , 303.00 $35-$55 hourly San Luis Obispo, CA WELL FEASIBILITY AND DESIGN (Cost to determine well feasibility and location of test well) . Alderman Engineering $700. John Wallace & Associates $2 , 500 (approximately) -2- EVALUATION OF PROPOSALS Both consultants have excellent backgrounds and were very responsive to the Request for Proposals . John Wallace and Associates included a pre- design report/evaluation of alternatives in the amount of $2 ,112 . 00. According to the consultant , this is to determine the feasibility of the ozonation as opposed to the aeration system alone , and the feasibility of a mechanical biofiltration system. Alderman Engineering, in their Feasibility Report presented to Council , recommended these items be constructed as part of the Lake Improvement Project . As a result , a pre-design report/evaluation of alternatives is not included in their proposal . In the event the City went ahead with plans to develop the ozonation/aeration system and mechanical biofiltra- , tion as recommended in the Feasibility Report and not have a pre-design - .. report/evaluation of alternatives completed, John Wallace and Associates net bid would be $23,191. RECOMMENDATION Award the design phase of the Atascadero Lake Improvement Project to Alderman Engineering for $17 ,850. 00 and Inspection/Contract Administra- tion Phase at $35 hourly. FISCAL IMPACT Consultant services are within original budget estimates , and will be ft funded by the grant . CITY COUNCIL MOTES - MAY 12 , 1987 • Ru-blic Comment Mr. Collie ell, representing the City/School subcommittee whc . has been discussin is issue, spoke in supp9-r-t-0-f—the development of this MOU. He noted itw serve to`provi3e the philosophy behind the formation of a JPA, shoul a approved by both the Council and the AUSD Board. He summa the su committee' s recommendations. MOTION: B cilman Bourbeau to approve the Me OU PP -aa presented, sec- onded by Councilwoman Norris; passed unanimous17,w ' th Coun- cilmembers Borgeson and Handshy absent. 3. Authorization for Mayor to Enter into Agreement with Alderman En- gineering - Design Phase of Atascadero Lake Improvement Project $17 ,850 Mr. Best, Rec. Director, gave staff report. There was no public comment. MOTION: By Councilwoman Norris to approve staff recommendation to award the design phase of the Atascadero Lake Improvement Project to Alderman Engineering for $17,850 .00 , seconded by Councilman Bourbeau; passed by 3:0 roll-call, with Council- members Borgeson and Handshy absent. 4. uthorization to Establish an Employee Service Award Pro a 9_t A rove A ro riation of Funds for First Year Costs Mr. She Cit Mgr Y g , gave staff report. There was public com- ment. � . MOTION: By Counci oman Norris to approve a pxopriation of $3 , 000 from the ncil contingency fun_q? cover the first year costs to establish an employee s vi award program, second- i ed by Councilman urbeau; passed by 3: 0 roll-call, with Councilmembers Borgemon and andshy absent. Mr. Shelton noted it would be i 'tant and appropriate to recognize those employees who have tenu - _beyo�ir five years (prior to incorpora- tion) . MOTION: By Councilman `ourbeau to recess as ouncil and convene as the Atasounty Sanit. Dist. Board f Directors, :seconded by Counc." woman Norris; passed unanimous E. ATASCADERO COUNTY SANITATION DISTRICT ACSD 1. Aga-thorization for Public Works director to Solicit Bids fo Inflow and Infiltration Analysis Project to the Wastewater Trea ent Plant (Cont'd from 4/28/87) 8 M*- AG---NDA DATA ��/t�z7 nEm#— MEMORANDUM TO: City Council THROUGH: Mike Hicks , Acting City Manager FROM: Paul Sensibaugh , Director of Public Works SUBJECT: Award of Bid - Transit Bus DATE July 7, 1987 Recommendation : Staff recommends that Council award the bid for a new transit bus to the sole bidder , Wide One Corporation, 3051 East La Palma Avenue, Anaheim, CA. Background: At the Council meeting of April 28th , Council • authorized staff to advertise for bids for a new transit bus . Discussion : The Notice to Bidders was published and copies sent to various vendors . The sole bid received from Wide One Corporation was in the amount of $40,717 . 68 with delivery in 120 days or less . The cost estimate was $40, 000 . Fiscal Impact : The funds for this purchase were received in part by a grant from the State of California . The City share is expected to be approximately $8, 000 . ME - DAW 7 /8 7 "I'"If E A IT ----___ MEMORANDUM TO: Board of Directors THROUGH: Mike Hicks , Acting City Manager FROM: Paul Sensibaugh, Director of Public Works SUBJECT : Sewer Reimbursement Agreement - Anderson DATE: July 7, 1987 Recommendation : Staff recommends that the Board approve the attached Sewer Extension Reimbursement Agreement between the Sanitation District and Dr . Paul Anderson . Background: • On March 24 the Board approved the annexation of the first six lots on Seperado Avenue into newly formed Improvement District No . 4 . It was the intention of the property owners that each would pay their share of the construction and engineering costs upon completion of the project . As it stands now, one property owner is unable to pay at this time and Dr . Anderson has offered to pay that portion upon execution of the attached Reimbursement Agreement . This agreement allows for reimbursement to Dr . Anderson by the property owner upon connection of this parcel . While reimbursement agreements allow for reimbursement within a 15 year period, District Ordinance requires properties to connect to available sewer within 24 months . It should be noted that Dr . Anderson is attempting to improve a situation that has historically been an ongoing problem with failing septic tanks and surfacing effluent . Fiscal Impact : There is no impact on the District from this action. The District will simply facilitate the reimbursement to Dr . Anderson as allowed for in the Sanitation District Ordinance . • 0 0 ATASCADERO COUNTY SANITATION DISTRICT • SEWER EXTENSION REIMBURSEMENT AGREEMENT WHEREAS, on March 24 , 1987 the Board of Directors of the Atascadero County Sanitation District did approve Resolution No 28-87 annexing Lots 31 , 31 , 33, 34 35 , and 36 into Improvement District No . 4 . WHEREAS, Article 8 .2 (5) of the Ordinance Code of the Atascadero County Sanitation District provides for reimbursement of funds expended in the construction of an approved sewer extension; NOW, THEREFORE, THIS AGREEMENT, made and entered into this 28th day of July, 1987 by and Dr . Paul Anderson , 4200 River Road, Atascadero, California , in the County of San Luis Obispo, State of California , hereinafter referred to as "Applicant" and the Atascadero County Sanitation District , a public corporation located in the County of San Luis Obispo, State of California, hereinafter referred to as ''District" ; WITNESSETH In consideration of the mutual promises , agreements , • covenants and conditions set forth herein, and in consideration of the final approval of said sewer extension, the parties hereto do hereby mutually covenant and agree as follows : 1 . That the recitals set forth hereinabove are true, correct and valid. 2 . That in the construction of an approved sewer extension , Applicant has expended funds in the amount of $7, 357 . 60 . 3 . That Applicant is entitled to a refund of a portion of said expenditures at such times within fifteen (15) years following the date of the execution of this Agreement as additional connections are .made to said sewer extension , from the following parcel : Lot 31 Block X APN 28-061-12 The amount to be paid by this parcel upon connection shall be $3, 678 . 80 which is the total expenditure divided equally between 2 benefitting parcels . 4 . That District will collect the amounts specified in Section 3 from the owners of the real property listed in said section , at such times within fifteen (15) years following the date of execution of this Agreement as a permit is issued for connection of said real pro- perty to said sewer extension . 5 . All monies collected in accordance with Item 4 , above, will be refunded to Applicant , except that any such refund shall be reduced by the total of : a . Any outstanding sewer service charges as outlined in Article 11 . 1 of the Ordinance Code of the District . 6 . Neither party to this Agreement shall assign or transfer this Agreement or any interest therein without the prior written consent of the other party, except that upon dissolution of the ACSD the City Sewer Department shall control both the collection and disposition of the reimbursements . 7 . Applicant further agrees to defend, indemnify and save harmless the City of Atascadero and the District , and their officers , agents and employees from any and all liability , claims , demands , costs , expenses , causes of action , damages and judgments , of whatsoever kind and nature and to whomsoever occurring arising out of this Agreement or occasioned by the performance or attempted performance hereof, including but not limited to any act or omission to act on the part of the Applicant or his agents or employees or independent contractors directly responsible to Applicant . 8 . This Agreement shall be binding on the heirs , assigns , transferees , executors , successors , administrators and trustees of the parties hereto . IN WITNESS WHEREOF Applicant and District have executed this Agreement on the day and year first hereinabove set forth . APPLICANT • ATTEST: . MICHAEL SHELTON BARBARA NORRIS, President Secretary Board of Directors APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Dir , of Public Works/ City Engineer r� • ! - M O R A N D U M TO: City Council Members July 14 , 1987 FROM: Paul Sensibaugh Director of Public Works SUBJECT: CHALK MOUNTAIN GOLF COURSE' SEWER EASEMENT AGREEMENT RECOMMENDATION: Staff recommends that Council approve the revised easement agreement between San Luis Obispo County and the City of Atascadero for installation of sewer lines through Chalk Mountain Golf Course. BACKGROUND This easement was necessary for the conditioned Bordeaux House sanitary sewer main. The provisions of this agreement were previously approved by Council on July 28, 1986 , but since that • time, the County has determined a need to revise several clauses of the agreement and to hire John Wallace and associates to provide a grading plan for the drainage ditch near the easement. A legal description and location map have also been prepared by Yamabe and Horn for the City at Vandenburghe' s expense. DISCUSSION: The City Attorney has reviewed the revised agreement and staff is comfortable with the changes. The only material change is that three (3) wyes will be provided instead of two (2) . FISCAL IMPACT: No money will change hands for this easement and the grading work will be provided by Bordeaux. File: MGOLF • (REVISED) AGREEMENT FOR GRANT OF EASEMENT • FOR SEWER IMPROVEMENTS ACROSS CHALK MOUNTAIN GOLF COURSE THIS AGREEMENT is made and entered into this day of , 1987, by and between the County of San Luis Obispo, a Political Corporation, and one of the Counties of the State of California herein referred to as the Grantor, and the City of Atascadero, a Political Corporation, and one of the Cities of the County of San Luis Obispo, State of California, herein referred to as the Grantee. W I T N E S S E T H WHEREAS, Grantor is the owner of certain real property, commonly known as the Chalk Mountain Golf Course, being that Property in the unincorporated area of San Luis Obispo County, State of California, and adjacent to the incorporated boundaries of the City of Atascadero, which property is hereinafter referred to as the "Servient Tenement", and said sewer easement is legally described as follows: SEE EXHIBITS A & B ATTACHED HERETO: WHEREAS, the City of Atascadero desires to obtain an easement across the Chalk Mountain Golf Course for the purposes of the construction and maintenance of a sewer line for the benefit of properties contained within the incorporated boundaries of the City of Atascadero and the incidental benefits to the County property known as the Chalk Mountain Golf Course. NOW, THEREFORE, it is agreed as follows: 1. Grantor hereby grants to grantee an easement as hereinafter described. 2. The easement granted herein shall burden that certain real property know as Chalk Mountain Golf Course, and shall be considered as easement in gross to the City of Atascadero or such political successor to the City of Atascadero. 3. The easement granted herein is a twenty foot right-of-way for the construction of a sewer line with incidental rights of maintenance. The easement shall further include the construction of three Wye connections for the future exclusive use by the Grantor for the existing club house on the Chalk Mountain Golf Course and the existing and future restrooms located on a portion of the golf course at no cost to Grantor. No other use shall be. made of the sewer line as described herein except for City purposes. Grantee agrees to minimize the interruption of play at the Chalk Mountain Golf Course during construction of the sewer line and any future maintenance of said sewer line and further agrees to restore the land back to its original condition after construction and/or maintenance of said sewer line. 4. Grantor further agrees to allow a drainage opening in the existing fence located on La Linia Avenue for the purpose of removing the restriction to the flow, and the Grantee agrees to cause the drainage ditch to be cleaned of all cattails, tules and all vegetation from La Linia Avenue along the existing drainage water course to the Southern Pacific Railroad tracks and further agrees to complete the necessary grading to create a total of four ponds with earthen dams in accordance with grading plans to be provided by Grantor. See Exhibit C. 5. Two weeks prior to the construction or maintenance of any sewer improvements contained within the herein, granted easement, Grantee shall give notice to Grantor. 6. The City of Atascadero, as Grantee, shall defend, indemnify and save harmless the County of San Luis Obispo, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance or attempted performance of the provisions hereof, or in any way arising out of this Agreement for Grant of Easement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act, or any negligent act or omission to act on the part of the Grantee, or of its agents, employees or independent contractors directly responsible to the Applicant. Nothing contained in the foregoing indemnity provision shall be construed to require the Applicant to indemnify the County against any responsibility or liability in contravention of 2782 of the Civil Code. 7. The County of San Luis Obispo as Grantor, shall defend, indemnify and save harmless the Grantee, City of Atascadero, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liabilities occasioned by the performance or attempted performance of the provisions hereof, or in any way arising out of this Agreement for Grant of Easement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Grantor, or of its agents, employees, or independent contractors directly responsible to the Grantor. Nothing contained in the foregoing indemnity provisions shall be construed to require the Grantor to indemnify the Grantee against any responsibility or liability in contravention of 2782 of the Civil Code. IN WITNESS WHEREOF, the parties hereto have set their hand and caused these presents to be signed and its corporate seal therein affixed by duly sworn and authorized officers this day and year first above written. COUNTY OF SAN LUIS OBISPO By: Chairman of the Board of Supervisors Approved by the Board of Supervisors this day of 1987. CITY OF ATASCADERO By: ATTEST: BARBARA NORRIS, Mayor Clerk of the Board of Supervisors CITY COUNCIL ACTION DATE: APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: -- Deputy County Counsel Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH, Public Works Director City Attorney ATTEST: BOYD C. SHARITZ City Clerk cjt/7617p 7-16 EXHIBIT A YAMABE&HORN ENGINEERING,INC. Consulting Civil Engineers 3097 Willow Avenue,Suite 8,Clovis,California 93612 (209)292.5703 LEGAL DESCRIPTION PROPOSED SEWER EASEMENT Chalk Mountain Golf Course A strip of land 20.00 feet in width, the centerline of which is described as follows: Commencing at the southeasterly corner of Lot 10, Block 1 of Eaglet No. 2, according to the map thereof recorded in Map Book 2, Page 38, San Luis Obispo County Records; said corner being in the center of a 40.00 feet wide road easement; thence South 360 10' 00" East, a distance of 7.65 feet along the southerly extention of the easterly property line of said lot 10, to the True Point of Beginning; thence South 870 50' 00" East, a distance of 10.80 feet; thence South 570 17' 39" East a distance of 60.47 feet; thence North 660 42' 02" East a distance of 149.16 feet; thence North 800 15' 51" East a distance of 174.98 feet; thence North 700 52' 08" East a distance of 486.41 feet; thence North 15" 52' 37 East a distance of 500.00 feet; thence North 380 29' 21" East a distance of 100.00 feet, more or less, to a point on the Southern Pacific Railroad right of way line, said point being the Point of Ending of said centerline. 6?41 E EXHIBIT B----- 9 P� P 2 p O P Iyp _ Up O 2 a 1.1 N 1.1 1.1 ff D ` y ? O ... oo II mb 4e v O O 4' ' to 0 O r� p? 8` ry4 0p. Ar I�0 N A D m \ s — e J SS C \gyp m I/..•r a - ja All.A4 n � ffflll I: �� A7:A (;A0c/�� "YIA11-* Y'k':1G.Sh�k;�f.�n' I� W cc V .`i 1 , K Hlao a JULY 28 , 1986 CITY COUNCIL MINUTES 7. Approval of Tentative Tract Map 16-86 - 7635/7655 El Camino Real Creation of 7 Commercial Air Space Condominium Units - Carlin/ Cuesta Engineering 8. Approval of Tentative Parcel Map 14-86 - 8205 Coromar Subdivision of 1.38 Acre Parcel into 2 Lots of 22,000 Sq. Ft. and 38,000 Sq. Ft. - Lopus/Cuesta Engineering 9. Acceptance of Final Parcel Map 3-85 - 8870 West Frontage Road Campbell/Dennis Bethel, Engineer 10. Acceptance of Final Parcel Map 29/85 - 9750 Atascadero Road ' Ramay/North Coast Engineering 11. Acceptance of Final Lot Line Adjustment 2-86 - 5100/5120/5300 San Benito Road - Golden West Development/Volbrecht Surveys , �z 12. Proposed Agreement with San Luis Obispo County for Sewer Easement across Chalk Mountain Golf Course and Providing Sewer to Golf Course Clubhouse and Bathrooms 13. Approval of Finance Director ' s Monthly Report - June, 1986 14. Approval of Treasurer 's Monthly Report - June, 1986 MOTION: By Councilman Handshy to approve Item No. ' s 1-14, seconded by Councilwoman Norris; passed unanimously. B. HEARINGS, APPEARANCES AND REPORTS 1. Public Hearing Regarding Proposed Establishment of Street Mainten- ance Districts for Falda Avenue, Pinal/Escarpa Avenues, Aguila Avenue and Cayucos: A. Proposed Resolution 83-86 - Establishing Formation of Street Maintenance District - Falda Avenue B. Proposed Resolution 84-86 - Establishing Formation of Street Maintenance District - Pinal/Escarpa Avenues C. Proposed Resolution 85-86 - Establishing Formation of Street Maintenance District - Aguila Avenue D. Proposed Resolution 86-86 - Establishing Formation of Street Maintenance District - Ca ucos Avenue Councilman Molina removed himself from discussion and vote on Item Bl-B (re: Pinal/Escarpa) , due to possible conflict of interest. Paul Sensibaugh, Public Works Director , gave staff report, noting that only one written protest was received in the City Clerk ' s Office today related to Item Bl-A (Falda) from J. & V. Duty. 2 :.V AGS?A • ;T MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sensibaugh, Director of Public Works ` SUBJECT: County Sewer Easement DATE: July. 22, 1986 :: Recommendation: tf Approve the attached easement agreement and forward to San Luis Obispo County for their approval. - - Background: The trunk line serving the south side of Atascadero would be overloaded with the addition of the Bordeaux House project. That project-was conditioned to provide a new trunk sewer from La Linia lift station to the Wastewater Treatment Plant. The new line is anticipated to traverse the northerly edge of the County Golf Course, thus necessitating an easement for the same. Staff met with Curt Sor of the County properties division to work out the terms 01 the agreement. The result of that meeting is the contents of the attached agreement. Fiscal Impact: The sewer line will be installed by the Bordeaux House project. There is no monetary exchange with the County for the easement, but the City is commmitted to cleaning the ditch from La Linia to the Railroad tracks as part of the construction of the sewer. This work is anticipated to be a condition on devel- opers, but if the devlopment in the area isn' t timely, the pro- ject will- have to be completed and reimbursed later . Two wye taps are to be provided for exclusive sewer hookup to the County Golf Course Club House and outhou$e. The way has been paved for this, since the Cou ty has received an exception to the General Plan for service ouside the Urban Services Line. tr MEMORANDUM TO: Mike Shelton, City Manager FROM: Paul M. Sensibaugh, Director of Public Works SUBJECT: Meeting with Curt Sorg, County Right-of-Way Agent for Proposed Sewer through the Golf Course DATE: May 8, 1986 I met with Curt, George Wolfrank and Don Leib today con- cerning the easement through they g golf course that is necessary for the construciton of the bypass sewer to be constructed by Bordeaux House. s;a We mutually agreed to recommend to our respective managers the following: 1) County would grant a 20 foot easement through the golf course property. 2) The easement agreement, plans, and title or related legal work would be done by the City. 3) The City would cause the drainage ditch to be cleaned C from La Linia to the Railroad tracks. 4) The County would permit a drainage opening in the fence off of La Linia that -blocks the overland storm flows. 5) The City would provide two wye connections for future exclusive use by the County for the Club House and the lower course rest rooms. This item would need to be handled as permission to use a dedicated line similar to the ones conceived for Paloma Park and the San Gabriel Elementary School. 6) No money would change hands. Please comment as soon as possible as we want to proceed quickly with this work. It is anticipated that the ditch work would be conditioned on the Bill Poe project with a credit to his Drainage Impact Development Fee. } r RECORDING REQUESTED BY: CITY OF ATASCADERO WHEN RECORDED MAIL TO: Public Works Director City of Atascadero P. 0. Box 747 Atascadero, CA 93423 NO DOCUMENT FEE AGREErIENT FOR GRANT OF EASEMENT ter' FOR SE�,?ER IrIPROVEP NTS ACROSS CHALK MOUNTAIN GOLF COURSE }N THIS AGREEMENT is made and entered into this day of 1930 , by and between the County of San Luis Obispo, a Political Corporation, and one of the Counties of the State of California herein referred to as the ^RANTOR, and the City of Atascadero, a Political Corporation, and one of t Cities ies of the County of San Luis Obispo, State of California, herein referred to as the GRANTEE. WITNESSETH: WHEREAS , Grantor is the owner of certain real Property, commonly known as the CHALK MOUNTAIN GOLF COURSE , being that Property in the unincorpo- rated area of San Luis Obispo County, State of California, and adjacent to the incorporated boundaries of the City of Atascadero, which Property is hereinafter referred to as the "Servient Tenement" , and described as follows : SEE EXHIBIT A- ATTACHED HERETO; WHEREAS , the City of Atascadero desires to obtain an Easement across the CHALK MOUNTAIN GOLF COURSE for the purposes of the construction and maintenance of a Sewer Line for the benefit of Properties contained within Cie incorporated boundaries of the City of Atascadero and the incidental benefits to the County Property known as the CN.ALK MOUNTAIN GOLT COURSE. -1- NOW, THEREFORE, it is agreed as follows : . 1. Grantor hereby grants to Grantee on Easement as hereinafter described. 2. The Easement granted herein shall burden that certain real Property known as CHALK MOUNTAIN GOLF COURSE , and shall be considered an Easement in gross to the City of Atascadero or such political successor to the City of Atascadero. 3. The Easement granted herein is a twenty foot right of way for the purposes of construction of a Sewer Line with incidental rights of maintenance. The Easement shall further include the construction of two Ywe connections for the future exclusive use by the Grantor for the existing CLUB HOUSE on the CHALK MOUNTAIN GOLF COURSE and the existing Rest Rooms located on the lower portion of the GOLF COURSE . No other use shall be made of the Sewer Line as described herein except for City purposes . 4. The Easement granted herein is located as follows : SEE EXHIBIT B ATTACHED HERETO; S. Grantor further agrees to allow a drainage opening in the existing fence located on La Linia Avenue for the purpose of removing the re- striction to the flow, and the Grantee agrees to cause the drainage ditch to be cleaned from La Linia Avenue along the existing drainage water course to the Southern Pacific Railroad Tracks. 6. Prior to the construction of any sewer improvements contained within the herein granted Easement , Grantee shall inform Grantor of the commencement of any work of improvement. 7. The City of Atascadero , as Grantee , shall defend, indemnify and save harmless the County of San Luis Obispo , its officers , agents and employees from any and all claims , demands , damages , costs , expenses , or liability occasioned by the performance or attempted performance of the provisions hereof, or in any way arising out of this Agreement for Grant -2- of Easement, including, but not limited to , inverse condemnation, equitabl C _elief, or any wrongful act , or any negligent act or omission to act on the e part of the Grantee, or of its agents , employees , or independant contractors directly responsible to the Applicant. Nothing contained in the foregoing indemnity provision shall be construed to require the Applicant to indemnify the County against any responsibility or liability in contravention of §2782 of the Civil Code. 8. The County of San Luis Obispo, as Grantor, shall defend, indemnify and save harmless the Grantee, City of Atascadero, its officers , agents and employees from any and all claims , demands , damages , costs , expenses , or liabilities occassioned by the performance or attempted performance of the provisions hereof, or in any way arising out of this Agreement for Grant of Easement, including, but not limited to , inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the art of the Grantor, or of its is agents , employees , or independant contractors directly responsible to the Grantor. Nothing contained in the foregoing indemnity provisions shall be construed to require the Grantor to indemnify the Grantee against any responsibility or liability in contravention of §2782 of the Civil Code. 9. If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees in addition to any other relief to which they may be entitled. IN WITNESS WHEREOF, the parties hereto have set their hand and caused these presents to be signed and its corporate seal thereon affixed by duly sworn and authorized Officers this day and year first above written. APPROVED AS TO FORM AND CONTENT: ROBERT M. JONES , City Attorney BOYD C. SHARITZ , City Clerk -3- ��. 0 CITY OF ATASCADERO BY: LARGE MACKEY, Mayor COUNTY OF SAN LUIS OBISPO BY: CHAIRMAN OF THE BOARD OF SUPERVISORS CLERK OF THE COUNTY OF SA14 LUIS OBISPO C -4-