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HomeMy WebLinkAboutAgenda Packet 07/28/1986 INDY WILKINS ,,EPUTY CITY CLERK NOTE: THERE WILL BE AN OPEN COUNCIL SESSION AT 4 :00 P.M. , FOURTH ' FLOOR CLUB ROOM FOR INTERVIEWS OF PLANNING COMMISSION APPLICANTS A G E N D A ATASCADERO CITY COUNCIL Regular Meeting ATASCADERO ADMINISTRATION BUILDING FOURTH FLOOR, ROTUNDA ROOM JULY 28, 1986 7 :30 P.M. Call to Order Pledge of Allegiance Invocation Roll Call City Council Comments Community Forum - (Only 15 minutes will be allowed for Community Forum at the beginning of the agenda. Citizens are requested to keep remarks under 5 minutes, and that a speaker person speak in behalf of • groups. ** Proclamation - Acknowledging Appointment of Edward Chidlaw, Local Attorney, to Municipal Court Judge in San Luis Obispo County A. CONSENT CALENDAR 1. Approval of Minutes of the Regular Council Meeting of July 14, 1986 2. Approval of Proposed Lease Agreement with the Zoological Society for 7/86 through 6/87 for use of the Tiki Hut Concession at Charles Paddock Zoo 3. Denial of Claim against City of Atascadero by Juan Alvarado - Personal Injury - In the Amount of $200, 000. 00 4. Approval of Camino Card Parlour Business License Relocation to 5940 E1 Camino Real 5. Acceptance of Draft Environmental Impact Report on San Luis Obispo County Solid Waste Management Plan 1 • A. Proposed Resolution 81-86 - Confirming Cost of Weed Abatement for 1986-87 Tax Year 3. Public Hearing Regarding Proposed Revenue Sharing and City Budget for 1986-87 and Appropriation of Funds Thereof A. Proposed Resolution 90-86 - Adopting City of Atascadero Fiscal Year 1986/87 Revenue Sharing and Appropriation of Funds Thereof B. Proposed Resolution 91-86 - Adopting City of Atascadero Fiscal year 1986/87 Budget, and Appropriation of Funds Thereof 4. Public Hearing on Proposed Business License Ordinance a. Proposed Ordinance 138 - Adoption of New Business License Ordinance (FIRST READING) 5. Appeal of Planning Commission' s Denial to Reject Request for City-Initiated General Plan Amendment - 8515 E1 Dorado - Peterson/Devencenzi C. UNFINISHED BUSINESS • 1. Review of Council Member Representation on Committees and Possible Reappointment Thereof (Cont'd from 7/14/86) D. NEW BUSINESS 1. Proposed Resolution 87-86 - Council Appointment of Planning Commissioners E. ATASCADERO COUNTY SANITATION DISTRICT (Council will recess and convene as the Atascadero County Sanitation District Board of Directors) 1. Public Hearing on Proposed Fiscal Year 1986/87 Atascadero County Sanitation District Budget A. Proposed Resolution 89-86 - Approving 1986/87 Atascadero County Sanitation District Budget and Appropriating Funds Thereof is 2. Public Hearing on Proposed Sanitation District Sewer Service Charges to be Added to the 1986/87 Property Tax Bill A. Proposed Resolution 88-86 - Adopting Sanitation District 3 • Sewer Service Charges to be Added to the 1986-87 Property Tax Bill 3. Bid Status Report - Assessment District #3 - Marchant Sewer Project F. COMMUNITY FORUM E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager • • 4 MINUTES - ATASCADERO CITY COUNCIL . Regular Meeting, July 14, 1986, 7 :30 p.m. 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. ROLL CALL Present: Councilmembers Borgeson, Handshy, Molina and Mayor Mackey Absent: Councilwoman Norris (due to illness) STAFF Mike Shelton, City Manager ; David Jorgensen, Administrative Services Director; Robert Jones, City Attorney; Boyd Sharitz, City Clerk; Mike Hicks, Fire Chief; Henry Engen, Community Development Director; Paul Sensibaugh, Public Works Director; John Wallace, Contract Engineer; Cindy Wilkins, Deputy City Clerk. COMMUNITY FORUM - No public comments. COUNCIL/STAFF COMMENTS Mayor Mackey presented plaques to Atascadero Chapter Future Farmers of • America members Darci Randall, Carrisa Wreden and Ron Flaharty, Jr . , commending their numerous achievements this year in local, State, Na- tional and World livestock judging competition. A. CONSENT CALENDAR 1. Approval of Minutes of the Regular Council Meeting of June 23, 1986 2. Recognition of City Employee of the Month for June - David Crouch 3. Approval of Proposed Resolution 82-86 —Agreement Amendment to Extend Agreement Expiration Date to June 30, 1987, with the Cali- fornia Men' s Colony 4. Approval of Formation of the Following Proposed Street Maintenance Districts: A. Proposed Resolution 76-86 - Formation of a Maintenance Dis- trict - Falda Road B. Proposed Resolution 77-86 - Formation of a Maintenance Dis- trict - Pinal/Escarpa Roads C. Proposed Resolution 78-86 - Formation of a Maintenance Di's- • trict - Aguila Street 1 B. NEW BUSINESS 1. Improvement District Number 4, Separado/Cayucos Assessment Dis- trict A. Proposed Resolution 66-86 - Determining that the Construction of Sanitary Sewer Improvements is Necessary as a Health Measure B. Proposed Resolution 67-86 - Undertake Proceedings to Issue Bonds for Improvement District C. Proposed Resolution 68-86 - Appointment of an Engineer D. Proposed Resolution 69-86 - Approving Map of Proposed Boun- daries of Assessment District E. Proposed Resolution 70-86 - Approving Resolution of Inten- tion Public Comment Steve Rizzuto, 4532 Mananita Ave. , spoke in relation to the proposed district; he expressed that he supports the sewer improvements if they' re as necessary and widespread as it' s being indicated, urging the Council to proceed carefully on this issue and to determine if other alternative solutions exist. He asked Council not to vote on the resolution of intention to assess until their next meeting, to allow him the opportunity to speak to each Councilmember individually so they can relate mutually. Paul Sensibaugh, Pub. Works Director , gave staff report; he read a letter from nine representatives of the Property Owners Assn. , Areas C & E, addressing the issues of proposed sewer and assessment. He also read a letter, received just this evening, dated 7/4/86, from the Calif. Water Quality Control Board, Central Coast Region (RWQCB) , reiterating the necessity and adopted order for the City to make des- ignated sewer improvements. At Councilman Handshy' s request, Mr . Sensibaugh reviewed the history of this issue, followed by discussion with Council of grant-seeking efforts and funding approaches. Public Comment Douglas Nix, resident in proposed assessment district, stated it' s likely he ' ll lose his home and 25% interest if he' s forced to pay the proposed costs. Cynthia Perez, resident on Rosita, made comments similar to the previ- ous speaker. Mary Viegas, resident on Yerba, made comments similar to the previous two speakers, noting it would even be difficult for owners to sell their homes in the current situation (facing the proposed assess- ments) . 3 Joseph Baranek, 9469 Santa Lucia (owns property in the proposed sessment district) , commented on the emotional and financial coso related to this proposal. James Christian, 4125 Arizona, expressed that he' s not in a Cease & Desist area but has been included in the boundary of the proposed assessment district; he objects to possible assessment for a problem he does not contribute to. Rodney Bixby, 4595 Estrada, made comments similar to previous speakers relative to the financial burden that would be imposed on his family. He questioned the reduction in the proposed boundary area (re: proper- ties along Traffic Way excluded from an earlier map he reviewed) ; John Wallace, the City' s Contract Engineer , responded to his concern that the boundaries were altered at the Council's request to minimize the district (to economize) , explaining the engineering approach to the area reduction. Mr . Sensibaugh made further responding comments, not- ing that names of property owners was not a consideration in reducing the area. Therese Ferris, 4592 San Jacinto, spoke of the difficulty of selling their home, effected by this situation. Leon Tice, resident on Separado, commented that the problem on his street results from water draining from the street above and behind Separado; he agrees with the idea of the sewage system, but oppose the costs. Nina Bunyea, who doesn' t reside in the proposed assessment area, com- plimented, the City staff on the presentation and information at the meeting at the Jr. High, feels that it' s a homeowner ' s responsibili- ty to be informed about his property, reminded citizens that every homeowner in town has paid a sewer assessment fee (for approx. 20 years) without grant assistance, believes property values will in- crease when sewer goes in and feels health concerns validate the cost of the sewer improvements. Jim Christian, 4125 Arizona, spoke again, expressing objection to some of the comments of the previous speaker. Sarah Christian, 4125 Arizona, expressed resentment of implications that she' s 'misinformed' and resides in a ' stigmatized' area. Councilman Molina implored staff to vigorously pursue the grant ap- proach as a funding solution to the sewer improvements. Councilman Handshy expressed that the City needs to comply with the Cease & Desist Order and feels it should make some funding contribution. Councilwoman Borgeson urged citizens to write Congressman Thomas in added efforts to seek alternative solutions. MOTION: By Councilman Handshy to adopt Resolution No. ' s 66-86 , 67-86 68-86, 69-86 and 70-86 , seconded by Councilwoman Borgeso passed by 4:O roll-call, with Councilwoman Norris absent. 01 COUNCIL RECESSED FOR A FIVE-MINUTE BREAK (9 : 35 p.m. ) . 4 • 2. Proposed Resolution 71-86 - Council Appointment of Park & Recre- ation Commissioners Boyd Sharitz, City Clerk, announced the Council' s decision of four appointees to the Park & Rec. Commission as a result of interviews prior to Council meeting: Sheila Kircher is appointed to the two- year, unexpired term, and Diana Cooper, John Harris and Judith McKrell are appointed to four-year terms. No public comment. MOTION: By Councilman Handshy to adopt Res. No. 71-86 (making appointments as announced) , seconded by Councilman Molina; passed by 4:0 roll-call, with Councilwoman Norris absent. 3. Review of Council Member Representation on Committees MOTION: By Councilman Handshy to table this item until next meeting (for consideration by full Council) , seconded by Councilwoman Borgeson; passed 4 :0 , with Councilwoman Norris absent. 4. Political Signage Standards and Regulations Report Henry Engen, Commun. Development Director , gave staff report. No public comment. Council consented that emphasis be placed on asking candidates in, future elections not to use utility poles to post political signs and urges citizen cooperation in complying with the local sign ordinance. Staff was asked to write to PG&E for ideas relative to illegal posting of signs in the right-of-way. 5. Fiscal Year 1985-86 Status Report - 12 Month Status Report - Verbal. David Jorgensen, Admin. Svcs. Director, gave staff report. No public comment. 6. Presentation and Overview of Fiscal Year 1986-87 Proposed Budget Possible Reappointment Thereof - Verbal Mike Shelton, City Manager, commented on the structure of the proposed budget, and David Jorgensen, Admin. Svcs. Director , gave staff report. He announced suggested budget workshop sessions: Wed. , July 16, to • discuss capital improvement projects; Fri. , July 18, to discuss the operating budget and new & expanded services; Mon. , July 21, to review unfunded programs and to hear revenue-sharing requests. 5 �r • No public comment. - 0 Council concurred with the proposed workshop schedule. C. UNFINISHED BUSINESS 1. Proposed Ordinance 137 - Amendments to the Falcon Cable T.V. Franchise Agreement (SECOND READING) (Cont'd from 6/23/86) MOTION: By Councilman Molina to read Ord. 137 by title only, seconded by Councilman Handshy; passed 4:0 , with Councilwoman Norris absent. Mayor Mackey read Ord. 137 by title. Public Comment Celia Moss, resident on Coromar , representing the Atas. Homeowners Assn. , relayed the Board of Directors' opposition to adoption of the proposed contract with Falcon Cable Corp. due to, (1) hook-up delays, (2) service quality concerns, and (3) length of the proposed contract, which wouldn' t be implemented for five years. John McNeil, 8765 Sierra Vista, expressed he shares the concerns of the previous speaker and that no substantial reasons have been given for the extension of this contract. Joe Rinehart, 5680 San Pedro, expressed complaints about the televi cion services provided by Falcon. Tom Hatchell, representing Falcon Cable Corp. , responded to comments of the previous speakers, noting that it' s in the best interests of Falcon to make the proposed system improvements in this calendar year. MOTION: By Councilman Molina that this constitutes the second reading and adoption of .Ord. 137, seconded by Councilman Handshy; passed by 3:1 roll-call, with Councilwoman Borgeson voting NO and Councilwoman Norris absent. MOTION: By Councilman Molina to extend meeting past 11:00, seconded by Councilman Handshy; passed 4:0 , with Councilwoman Norris absent. 2. Emergency Preparedness Ordinance and Resolutions: A. Proposed Ordinance 135 - Establishment of Emergency Services Organization and Functions for the City of Atascadero (SECOND READING) (Cont'd from 6/23/86) B. Proposed Resolution 58-86 - Approving and Agreeing to Abide by California Disaster and Civil Defense Master Mutual A Agreement (Cont'd from 6/23/86) 0 6 C. Proposed Resolution 59-86 - Approving Rules and Regulations Established by the California Emergency Council Relative to Workmen's Compensation Benefits for Registered Volunteer "Disaster Service Workers" (Cont'd from 6/23/86) No public comment. MOTION: By Councilman Molina to read Ord. 135 by title only, seconded by Councilman Handshy; passed 4:0, with Councilwoman Norris absent. Mayor Mackey read Ord. 135 by title. MOTION: By Councilman Molina that this constitutes the seconded reading and adoption of Ord. 135, seconded by Councilman Handshy; passed 4:0 by roll-call, with Councilwoman Norris absent. MOTION: By Councilman Molina to adopt Res. No. ' s 58-86 and 59-86, seconded by Councilman Handshy; passed 4:0 , with Councilwoman Norris absent. E. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilman Molina announced that he became a grand- father (again) at 2146 hours, due to the birth of a daughter to Mike and Gina Molina. (The dwindling crowd responded with applause. ) Mayor Mackey commented on having attended a meeting of the Water Advisory Board last week , with Paul Sensibaugh, Pub. Works Director, where future water needs (to the year 2010) were discussed. City Clerk - Boyd Sharitz announced his appointment of Cindy Wilkins (to continue) as Deputy City Clerk (ref. Chap. 2, Sec. 2-6.02 M.C. ) . He requested that Council prepare a resolution commending the ap- pointment of Edward Chidlaw to the San Luis Obispo County Municipal Court. Council consented to prepare a proclamation in this regard. City Manager - Mike Shelton reported on the status of the Planning Commission recruitment. Council concurred to interview applicants prior to their meeting of July 28th. MEETING ADJOURNED AT 11:13 P.M. TO A CLOSED SESSION ON JULY 15, 1986, AT 6:00 P.M. , REGARDING LITIGATION AND PERSONNEL MATTERS AND TO WED- NESDAY, JULY 16 , FRIDAY, JULY 18, AND MONDAY, JULY 21, RESPECTIVELY, ALL COMMENCING AT 8: 00 A.M. , TO DISCUSS THE BUDGET. RECORDED BY: PREPARED BY: BOYD C. SHARITZ, City Clerk CINDY WILKINS, Deputy City Clerk 7 MEMORANDUM —� • July 22 , 1986 To : City Council ^ Via: Mike Shelton, City Manager From: Bob Best , Parks and Recreation Director, Subject : Zoological Society Lease RECOMMENDATION Renew the use permit with the San Luis Obispo County Zoological Society for continued usage of the Tiki Hut at the Zoo . BACKGROUND The Zoological Society has been utilizing the "Tiki Hut" for a concession area, selling miscellaneous items . This has worked well for them, as it provides the society with a loca- tion to promote their operation. The term of the permit shall be July 1 , 1986 to June 30 , 1987 . FISCAL IMPACT None , as the society operates the concession at their expense and the City requires they have liability insurance . • -2- r 0 A. Quitclaim Deed: Upon termination of the rights hereby granted, Permittee shall execute and deliver to the City within thirty (30) days after service of written demand therefore, a good and sufficient quit- aim deed to the premises described herein, including the improvements Wlereon. Should Permittee fail or refuse to deliver to the City a quitclaim deed as aforesaid, a written notice by the City reciting the failure of Permittee to execute and deliver said quitclaim deed as herein provided, shall after ten (10) days from the date of recordation of said notice be conclusive evidence again Permittee and all persons claiming under Permittee of the termination of said permit. 5. Rental: Permittee shall pay the sum of $1. 00 payable annually in advance. 6. Use of Premises: Permittee may use the premises for the following purpose only: novelty stand and meeting room. The Permittee shall have the right and duty to manage , operate and con- trol all of the above mentioned activities and to do all things necessary in the exercise of such management, operation and control subject to the terms and conditions of this permit. Permittee shall operate the novelty stand in strict accordance with the regulations and policies of the Director of Parks and Recreation, and in accordance with the terms and conditions set forth in the 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 other than 0 s set forth without the prior consent of the City first had and obtained. Yrmittee 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 complicance 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 fe-eral, 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 development, operation or maintenance of the building. 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 ten (10) days written notice to Permittee of its intention to do so. 8 . Title to Improvements: Permittee acknowledges that title to all real property is vest in the City. 9. Personal Property: Title to all personal property provided by the 0Oermittee shall remain with the Permittee. 10. Construction or Modification of Improvements : Permittee may construct or modify with the approval of the Director of Parks and Recreation. In the event that the construction modification or addition to concess- ion improvements are desired, the approval , in writing, of the City shall -3- first be obtained prior to such construction, modification, or addition. Additionally plans and specifications for such changes shall be submitted to the City for approval. 0 11. Completion of Improvements: The Permittee at his own expense, shall completely equip the novelty stand improvements described herein and shall keep the same equipped in a first class manner and to the satisfaction of the Director of Parks and Recreation throughout the term of this permit. 12. Ownership of Improvements: Title to improvements on the premises at the commencement of this permit is retained by the City and this permit is subject to any rights of ownership in the improvements. All improvements constructed on the premises by Permittee as permitted by this permit shall be owned by the 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 Permittee, become City property free and clear of all claims to or against them by Permittee or any third person and Permittee shall defend and indemnify the City against all liability and loss arising from such claims or from the City' s exercise of the rights conferred by this paragraph. 13. Maintenance and Use of Improvements : Permittee agrees to maintain any and all facilities on the subject premises in good order and repair, at his own cost and expense, during the entire term of the permit. Permittee shall perform at his own cost and expenses, any required mainl tenance 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 acount; and the Permittee agrees to promptly reimburse the City for the cost thereof, provided however, that the City shall first give. Permittee ten (10) days written notice of its intention to perform such maintenance or repairs for the permittee ' s account for the purpose of enabling permittee to proceed with such maintenance or repairs at his own expense. Permittee hereby expressly waives the right to make repairs at the expense of the City. The City also reserves the right to do any and all work of any nature necessary for the preservation, maintenance and operation of the building and areas within the confines of said building. Permittee shall be given notice when such work may become necessary and will adjust operations in such a manner that the City may proceed expeditiously. The Permittee shall not grant, with respect to said peremises, ease- ments, rights-of-way, license and permits . 14 . Utilities and Services : Permittee shall be responsible for the n_ ay- ment of all applicable utility charges. 15. Equipment: Permittee, at its own expense, shall completely equip the meeting place described herein and shall keep the same equipped in a first class manner throughout the term of this permit. -4- � • 16. Signs and Approval of Name: No signs, names or placards shall be Wscribed, painted or fixed upon said premises without written consent of ile City Parks and Recreation Director. 17. Closure: At any time should an occurance mcessitate the closing of the building to the general public the Permittee shall have no recourse by law to the City for losses incurred. 18 . Hold Harmless Agreement: Permittee hereby agrees to defend, indemni- fy 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 connec- tion therewith. 19. Liability Insurance: Permittee agrees to obtain and keep in force during the term of this permit, at Permittee' s expense, worker' s compensa- tion and public liability and. property damage insurance in companies authorized to issue such insurance in the State of California. Said insur- ance 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 permi- ssion to self-insure signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento. b. Liability Insurance: Permittee shall maintain in full force and effect, for the period covered by this permit, bodily injury, per- sonal 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, pro- tection against claims arising from bodily and personal injury, inclu- ding death resulting therefrom and damage to property, resulting from any act or occurrence occurring in or about the premises which are sub- ject 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, in- cluding death resulting therefrom, and property damage or a combina- tion of both - $1, 000, 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 read "occurrance" . 2. The policy must cover personal injury as well as bodily injury. 3 . The policy must cover complete contractural liability. Exclus- ions of contractural liability as to bodily injuries, personal injuries and property damage must be eliminated from the basic policy and endorsements. -5- . 4. BROAD FORM Property damage liability must be afforded. 5. The City of Atascadero and their officers, employees and agents, shall be named insured under the policy, and the policy shall sti- is pulate 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 certificate alone is not acceptable) . Certificates and policies shall state that the City is not liable for the payment of any premiums or assessments on this property. 2. Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to the City. Ten (10) days written notice is not accept- able, except in connection with worker' s compensation insurance. 3. Insurance required shall be placed in a company or companies accept- able 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 res- ponsible for payment of damages result 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 bever- ages. Providing, however, that said policy will be acceptable if it contains a specific endorsement providing coverage under the limits and provisions set forth hereinabove, for any occurrence arising out of the use of alcoholic beverages. d. If permittee does not keep the insurance required by this full para- graph 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 termination specified herein. 20. Taxes: Permittee agrees to pay all lawful taxes, assessments or charges which at any time may be levied by the State, county, City or any tax assessment or assessment governing body upon any interest in this permit or any possessory right which Permittee may have in or to the premises covered hereby or the improvements thereon by reason of its use or occupancy thereof or otherwise as well as all taxes, assess- ments and charges on goods, merchandise, pictures, applicances , equip- ment and property owned by it in or about said premises. 21. Inspection of Premises : Permittee agrees that the City acting throuls 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 engress to inspect, investigate and survey said premises as deemed necessary by the City, and the right to do any and all work of any nature for the preservation, of maintenance and operation of the park in any areas within the confines of said park. Permittee shall be given reasonable notice when such work may become necessary and will adjust his operation in such a manner that the City may proceed expeditiously. 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 deposted in the United Stites Mail, postage prepaid and addressed as follows: To the Permittee: San Luis Obispo County Zoological Society , P.O. BOX 8 , Atascadero, CA 93423 To the City: P.O. Box 747 Atascadero, Ca. 93423 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. 24 . 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 0 onstruction, operation, effect and performance. 25 Waiver of Permit Terms: No waiver by City at any time of the terms, conditions, or covenants of this permit shall be deemed as a waiver at any time thereafter of the same or of any other term, condition, or covenant herein contained, not of the strict and prompt performance therof. No delay, failure or omission of the City to re-enter the premises or to exercise anv right, power, prvilege or option can be construed as a waiver of such default or a relinquishment of any right or any acquiescense therein. No notice to Permittee shall be required to restore or revive time as of the essence after the waiver by the City of any default. No option, right, power, remedy or previlege of the City shall be construed as being exhaused by the exercise thereof in one or more instances. The rights , powers, options and remedies given to the City by this permit shall be deemed cumulative. 26. Modification of Permit: Not withstanding any of the provisions of this permit, the parties may hereafter, by mutual consent, agree to modifications thereof or additions thereto in writing which are not forbidden by law. The City shall have the right to grant extensions of time to Permittee for any purpose for the performance of any obligation of Permittee hereunder. 27 . Assignment and Subleases: Permittee shall neithbr 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 or approval by the City. Any document by which an interest is granted, sub- ect to the approval of the City, shall indicate that the person acQuiring Wat interest has been advised of all of the terms of this permit and takes is 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 per- mit, 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, subj to the terms and conditions of this permit and that entered into between t oo assignees, subtenant or holder of an interest conveyed by Permittee. 28 . Breach of Permit: This permit is made upon the condition that, if the rents or other sums which Permittee herein agrees to pay or any part thereof shall be unpaid on the day of which the same shall come due, or if default be made in any of the terms, agreements, conditions or covenants herein contained on the part of the Permittee, or should Permittee become insolvent, or bankrupt, either voluntarily or involuntarily, then, and in such event at the option of the City, this permit shall cease and terminate; and the City may enter upon the premises. Permittee ' s interest hereunder shall not be assignable in bankruptcy. 29. Waiver of Claims: Permittee hereby waives any claims against 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 judgement or award in any suit or proceeding declaring this permit null, void or voidable, or delaying the same or any part thereof from being carried out. 30. Actions: In the event of any action or suit upon this permit, the City shall be entitled to receive reasonable attorney' s fees and all costs, disbursements and expenses including administrative expenses. 31. Right of Entry as Agent: In any case in which provision is made herein for the termination of this permit by the city or in case of abandole ment or vacating of the premises by Permittee, the City in leiu of declaring a forfeiture may enter upon the premises. To such end, Permittee hereby irrevocably appoints the City its agent to remove any and all persons or property on said premises and place any such property in storage for the account of and at the expense of Permittee. In such case, the City may re-let the premises upon such terms as it may deem proper, and if a sufficient sum shall not be realized thereby, after paving expenses of such re-letting, to satisfy the rent and other sums herein agreed to be paid by Permittee, Permittee agrees to have the City harmless from any loss or damage or claim arising out of the action of the City in pursuance of this paragraph. 32. Duration of Public Facilities: By entering into this permit, the City makes no stipulations to type, fixed location or duration of public facilities to be maintained at Atascadero Administration. 33 . Time of Essence: Time shall be of essence in the performance of this permit. 34 . Eminent Domain: If, during the term of this permit, any property described herein or hereafter added 'hereto is taken in eminent domain, the entire award shall be paid to the City. 35. Photography: The City may grant permits to persons or corporations engaged in the production of still and motion picture and related activiti for the use of said premises for such purposes when such permission shall interfere with the primary business of Permittee. -8- ! 0 36. Hazardous Substances : No goods, merchandise or material shall be kept, stored or sold in or on said premises which are in any way explosive or hazardous; and no offensive or dangerous trade, business or occupation shall 10t carried on therein or thereon, and nothing shall be done on said premises, ther than is authorized by this permit, and no machinery or apparatus shall oe used or operated on said premises which will in any way injur said premises or structures; provided that nothing contained in this paragraph shall pre- clude Permittee from bringing, keeping or using on or about said premises such materials, supplies, equipment and machinery as are. 37. Nondiscrimination: Permittee and his employees shall not discriminate because of race, sex religion, color, material status, ancestry or national origin against any person by refusing to furnish such person accommodation, facility, or his employees publicize the accomodations, facilities , services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, age, sex, religion, color, marital status, ancestry or national origin. In the performance of this permit, Permittee will not discriminate against any employee or applicant for employment because of race, sex, age, color, marital status, religion, ancestry or national origin. 38 . Paragraph Titles: The paragraph titles in this permit are inserted only as a matter of convenience and for reference, and in no wav define, limit or describe the scope or intent of this permit or in any way affect this permit. 39. Permit in Counterparts: This permit is executed in counterparts, each which shall be deemed an original. 40. Permit Documents: The complete Permit between the parties hereto shall consist of the identified documents : This permit titled "City of Atascadero Use Permit" , Exhibit A 41. Remedies not Exclusive: The use by either party of any remedy speci- fied herein for the enforcement of this permit is not exclusive and shall not deprive the party using such remedy of or limit the application of , any other remedy provided by law. 42. Independent Contractor: Permittee enters into this permit solely_ and exclusively as an independent contractor and only in that capacity and not as a partner, employee or other agent of the City. Further, Permittee acknowledges that this agreement issues and is effective only upon execu- tion by the Cite Council. 43 . Advertising: Permittee shall not advertise or permit any publicity designed to attract the general public to an activity conducted by Permittee within the confines of said park without the knowledge and permission of the Director of Parks and Recreation. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written. 0 0 APPROVED AS TO CONTENT: Michael Shelton , Ciy Manager PERMITTEE APPROVED AS TO FORM: ROBERT M. JONES , City Attorney MARGE MACKEY, MAYOR DATE: Permittee accepts the forgoing 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 20re- lating to insurance . Permittee Signature -------------- M -___iM E M G R A N D U M TO: Mike Shelton, City Manager 144-- FROM: David Jorgensen, Admin. Svcs. Directo a___., SUBJECT: Claim of Juan Alvarado DATE: July 28, 1986 RECOMMENDATION City Council deny the above-mentioned claim which was submit- ted on June 2 , 1986. BACKGROUND Claimant alleges injury due to improper placement of handcuffs at time of arrest. City' s adjustors, Carl Warren & Co. , have reviewed this claim and recommend denial at this time. DGJ/cw • 77 DA M E M O R A N D U M TO: City Council July 28, 1986 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director Bud McHale, Police Chief SUBJECT: Card Room Business License LOCATION: 5940 El Camino Real (formerly the Wheelhouse) APPLICANT: Shirley Butterfield REQUEST: Consideration for approval of Camino Card Parlour Business License relocation. BACKGROUND: Chapter 6.36 of the Atascadero Business License Ordinance requires that all card room license applications be reviewed by the Police Chief and, with his finding and recommendation, be forwarded to the City Council for action. The applicant was previously operating a card room business from 7383 El Camino Real (Adobe Plaza) after successfully completing a standard Police Department background investigation and being granted approval through City Council action. The applicant wishes to relocate the card room business at a location , which had previously been approved for a card room. This application is being brought before the Council at this time since the applicant is requesting business license renewal at a new site location. RECOMMENDATION: Authorize relocation of this card room to 5940 E1 Camino Real. MW:ps • 77 • MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager Y FROM: Paul Sensibaugh, Director of Public Works SUBJECT: Drafttnvironmental Impact Report for the San Luis Obispo County Draft Solid Waste Management Plan DATE: July 22, 1986 Recommendation: Approve the Draft EIR with reemphasis on the adverse economic impact of mandatory refuse collection in Atascadero, and for household hazardous wastes mitigation. Heavy restric- tions on the future expansion of the Chicago Grade Landfill may also have an adverse economic impact to citizens. Background: Council was previously presented the Draft Solid Waste Management Plan and through staff made comments to the County regarding the same (Staff report attached. ) The Draft EIR for that plan is now under review and your comments are being sought. A summary of the findings are attached for your review. A com- plete copy of the report is available in the Director of Public Works' office. Discussion: This is the second step of several that must be taken to finally adopt the Management Plan. All cities in the County will eventually be asked for their stamp of approval. Any pro- jects that result due to the Management Plan will be required to have individual EIR' s, the draft EIR discussed herein pertains only to the Management Plan. • 6) Special Wastes - Evaluate current disposal of septic tank pumpings, chemical toilet waste and sewage plant sludge. 7) Hazardous Wastes - Prepare a program for disposal of household hazardous substances. 8) Management and Funding - Evaluate added personnel to help administer program. Implement additional sources of revenue to supplement the County General Fund for administering the program. Discussion: Atascadero Municipal Code Sections 6-4. 01 to 6-5.07 provide authority for the County to act as the Local Enforcement Agency (LEA) for Solid Wastes Management as required by State Statutes. Staff agrees with the overall objectives to ensure the protection of the general public health, minimize the impacts of solid waste upon the environment, ensure compliance with govern- ment goals and regulations, provide adequate facilities, provide for efficient management of the County solid waste system, in- corporate technology, coordinate with other environmental pro- grams, develop a feasible plan and maximize the recovery of waste when cost effective. Concerns: There are some concerns by staff, however , that Atascadero residents may end up paying for work that directly benefits others, and that non-productive tasks may be emphasized. Specifically, (1) Mandatory Collection Evaluation. The layout of our city is not necessarily conducive to mandatory col- lection. The cost to the customer to be serviced would be directly proportional to the distance from the center of town. Many colony roads have fewer than five homes. The City maintains over 120 miles of streets and there is again that number of non-city maintained roads. In a typical grid layout or con- centrated subdivision the cost is normally lowered by the in- crease in customers. This is questionable, at best, in Atas- cadero. ; (2) Transfer Stations. Stations at the Los Osos Land- fill and Lake Nacimento should not be a burden of the Atascadero Customers. ; (3) Recourse Recovery. While an excellent idea and promoted by our City, this has been studied over and again and is often not feasible. Limited time should be spend on evaluation, and the use of existing knowledge is encouraged: (4) Expansion of the Chicago Grade Landfill. We need more detail on the need for this, but if the expansion is unrelated to Atascadero, our cus- tomers should not share in any landfill surcharges for the same; (5) Replacement of the Cold Canyon Landfill. Again our residents should not share in this special benefit to other users; . (6) Special Wastes. The ACSD wastewater plant already provides for septic tank pumping and we handle our own sludge. Limited value 2 is seen here for us. ; (7) Household Hazardous Wastes. We are very skeptical about any programs of this nature. While the philosophy is ideal, the regulation seems impossible. The sep eration of household waste (at higher costs for disposal of aerosol cans, chemical containers, etc) may lend to dishonesty, police-state tactics and other off-the-wall administrative night- mares. Voluntary measures are encouraged but not very practical for good results. Time Schedule: Comments to the preliminary draft plan are due May 12. Based on comments from all agencies and the Advisory Committee, the Draft EIR is presented to all of the same, allowing 45 days for comment. The Draft County Solid Waste Management Plan is then revised and the final EIR prepared. A county public hearing is then held where the Board certifies the EIR and approves the Draft Draft County solid Waste Management Plan. The incorporated cities receive the County Solid Waste Management Plan for review and approval. Approval is required by 50% of the incorporated cities, allowing 90 days for response. The approved plan is then submitted to the California Waste Managment Board for review and approval. Fiscal Impact: Funding. The citizens of our City no doubt should share in the general benefit of the plan to the County, including the items objected to above. We question, however, if their con- tribution through their normal taxes to the County General Fund isn' t adequate for that purpose. 3 i 0 DRAFT ENVIRONMENTAL IMPACT REPORT SAN LUIS OBISPOCOUNTY DRAFT f. l ,n SOLID WASTE MANAGEMENT PLAN SCW # 86030818 � ED 86-62 a, Prepared for: SAN LUIS OBISPO COUNTY Environmental Coordinator May 30 . 1986 iMcCMIlandwgirwers Earth Engineering and Environmental Services DRAFT ENVIRONMENTAL IMPACT REPORT SAN LUIS OBISPO COUNTY PRELIMINARY DRAFT SOLID WASTE MANAGEMENT PLAN Prepared for: San Luis Obispo County Environmental Coordinator May 30, 1986 McClelland Engineers, Inc. 2140 Eastman Avenue Ventura, California 93003 69212A/O-1 I. INTRODUCTION A. BACKGROUND FOR SOLID WASTE PLANNING Under the requirements of the Solid Waste Management and Resource Recovery Act of 1972, each county in California must prepare and implement a Solid Waste Management Plan (Government Code Sections 66700, et seq.) . These plans are required to guide the County's efforts to effectively manage and plan for the storage, collection, transportation, processing and reuse, conversion or disposal of solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound and economic manner. B. PURPOSE OF THIS DOCUMENT California Administrative Code, Title 14, Chapter 2, Article 4 requires that all Solid Waste Management Plans, as well as subsequent revisions and amendments to the Plan, must be accompanied by environmental documentation complying with Public Resources Code Section 21000 et seq. , and the State CEQA Guidelines. This environmental impact report (EIR) has been prepared to assess the potential environmental impacts that may result from the adoption of the San Luis Obispo County Solid Waste Management Plan. In accordance with Section 15121 (a) of the State CEQA Guidelines, the purpose of this EIR is to serve as an information document that: ". . .will inform public agency decision-makers and the public generally of the significant environmental effects of a project, identify ways to minimize the significant effects, and describe reasonable alternatives to the project. . ." C. METHOD OF ANALYSIS USED IN THE EIR Pursuant to the provisions of Section 15168 of the State CEQA Guide- lines, a Program EIR' is the appropriate environmental document that should be prepared for the proposed project. This section states that: "A program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project. . .in con- nection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program. . ." 69212B/F-1 1 One of the primary advantages of a Program EIR is that it allows the lead agency to consider broad policy alternatives and program-wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts: Analysis of potential environment-al impacts resulting from the adoption of the Solid Waste Management Plan in the EIR will give the reader a general understanding of possible impacts from waste disposal and will allow a com- parison of proposed and alternative projects. To evaluate the recommenda- tions for future solid waste management strategies or facilities contained in the Solid Waste Management Plan, a "worst-case" or maximum development assumptions have been made. Since the Solid Waste Management Plan is a policy document, not a development proposal, analysis of potential impacts has been limited to those types of impacts that are likely to occur. The California Environmental Quality Act (CEQA) recognizes that the required level of detail in an EIR for a policy document is less than that for a specific development project. Section 15146 of the State CEQA Guide- lines states: "The degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity which is described in the EIR. (a) An EIR on a construction project will necessarily be more detailed in the specific effects of the project than will be an EIR on the adoption of a local general plan or comprehen- sive zoning ordinance because the effects of the construction can be predicted with greater accuracy. (b) An EIR on a project such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow from the adoption or amendment, but the EIR need not be as detailed as an EIR on the specific construction projects that might follow." [emphasis added] In most cases, specific sites have not been identified by the Solid Waste Management Plan for the new or expanded solid waste management facil- ities that it recommends. In all instances, specific development plans have not yet been prepared or submitted for review. The absence of project spe- cific information has required that this EIR review potentially significant environmental impacts and possible mitigation measures in a general fashion. - 69212B/F-2 2 For the types of projects and programs proposed by the Solid Waste Management Plan, the general impacts resulting from their construction and/or implemen- tation may be assumed, based upon a familiarity with the project types and a known history of environmental impacts' similar projects have experienced elsewhere. Potential significant impacts that would be likely to occur when spe- cific solid waste management projects are undertaken in conformance with the Solid Waste Management Plan have been evaluated for the following issues: o Land Use o Geologic/Soils Hazards o Water Resources o Biological Resources o Traffic/Circulation o Air Quality o Noise o Public Services/Infrastructure o Aesthetics i o Health and Safety o Cultural Resources o Agricultural Resources Recommendations contained in the Plan were also evaluated for their potential growth inducing, short-term uses versus long-term productivity, and irreversible commitment of resources impacts. Additionally, project alterna- tives for specific actions have been evaluated. D. FUTURE PERMITS AND ENVIRONMENTAL REVIEW WHEN THE SOLID WASTE MANAGEMENT PLAN IS IMPLEMENTED Future development proposals for new or expanded solid waste management facilities made in conformance with this Plan will require discretionary 1 review and approval by San Luis Obispo County. As a discretionary project, such a development proposal must undergo environmental review consistent with the requirements of CEQA. Due to the general nature of this EIR, it is anticipated that specific waste management projects will require a more I 69212B/F-3 3 i l extensive examination of their environmental effects, and that an a environmental document (Negative Declaration or EI R) will be ppreparedpr.Co to E. LEAD, RESPONSIBLE AND TRUSTEE AGENCIES �.$ The County of San Luis Obispo is the lead agency (initiating body) fo the proposed Plan. The California Waste Management r San Luis Obispo, Paso Robi g t Board and the Cities of mss, Arroyo Grande, Grover Bay and City, Atascadero, Morro } Pismo Beach are responsible agencies (i.e. , secondary a PProval agen- of Fish and Game and the State Water Resources Con e the State Department trol Board. i 69212B/F-4 4 1 II. SUMMARY A. PROJECT DESCRIPTION The San Luis Obispo County Draft Solid Waste Management Plan is a policy document designed to guide future County efforts to provide efficient, sanitary, economic, and environmentally sound methods of waste storage, collection and disposal. B. ENVIRONMENTAL SETTING The Solid Waste Management Plan is intended to guide current and future waste management activities on a County-wide basis. Specific project loca- tions have been recommended for the Los Osos, Chicago Grade and Cold Canyon landfills. C. 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(ao W. + O N U o El Q N m d' q Q CO U D W 12 I i c 1 C .40 CHICAGO GRADE �--� LANDFILL LOCATION �000 N ax fl i�T RI IR3 4 6 t :R IP- R l l R i R �R14 R13 2 .,rte �� - - �► r� �� �� �� V /��' 21� R20 R 19 l t, 1v SOURCE: San Luis Obispo Land Use Element official maps. a SAN LUIS OBISPO LAND USE ELEMENT, EL POMAR-ESTRELLA PLANNING AREA 1' E N G I IV E A S FIGURE 9 E N G I N E E F $ 73 A 0"'T7 M E M O R A N D U M TO: City Council July 28, 1986 VIA: Michael Shelton, City Manager k� , FROM: Henry Engen, Community Development Director P"f- SUBJECT: Tentative Tract Map 17-86 LOCATION: 5432 Robles Avenue APPLICANT: Kenneth Lerno (Cuesta Engineering) REQUEST: To allow the creation of five residential air-space condo- minium units. On July 7, 1986, the Atascadero Planning Commission conducted a public hearing on the subject matter unanimously approving the application subject to the findings and conditions contained in the attached staff report. John Falkenstein with Cuesta Engineering, representing the applicant, spoke in support of the project. No on else spoke on the matter . /ps cc: Kenneth Lerno Cuesta Engineering • II Tentative Tract Map 17-86 (Kenneth Lerno/Cuesta Engineering) C. ANALYSIS• This application proposes the creation of five residential air- space condominium units. The project consists of the conversion of two duplex units currently under construction and one existing single family dwelling to individual ownership. This will allow individual ownership of the residential units and common ownership of the parking and open space areas. This project was previously reviewed and approved under the pre- cise plan (PP 47-85) and building permit processes. Public im- provements that would normally be obtained at the tentative map stage have already been required or guaranteed as a part of the previous entitlement. There are no major planning issues raised by the proposed conver- sion of this project to a condominium. D. RECOMMENDATION: Staff recommends conditional approval of Tentative Tract Map 17-86 based on the Findings in Exhibit A and Conditions of Approval in Exhibit B. SLD:ps ATTACHMENTS: Exhibit A - Findings for Approval Exhibit B - Conditions of Approval Exhibit C - Location and Zoning Map Exhibit D - Tentative Tract Map Exhibit E - Precise Plan Conditions of Approval 2 Tentative Tract Map 17-86 (Kenneth Lerno/Cuesta Engineering) EXHIBIT A - Tentative Tract Map 17-86 Findings for Approval July 7, 1986 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 the California Environmental Quality Act (CEQA) (Section 15301. (k) ) . 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 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. 3 Tentative Tract Map 17-86 (Kenneth Lerno/Cuesta Engineering) EXHIBIT B - Tentative Tract Map 17-86 Conditions of Approval July 7, 1986 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 common open space (lot 1) shall be designated as a Public Utilities Easement. 3. 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. 4. 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 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. 5. All conditions imposed on the project by Precise Plan 47-85 and building permits shall be satisfied prior to recording the final map. 6. 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. 4 fJK V , -""� C i�( Lo�TIoN ZoN INLr YAK :.� , >I,�Plan C Map No. 7 _ TION LfFHI br R\FHJ a�� 14 I rr v • \ �— 7. �ti s. ';t. ''�:w r.zr tl �,,s.x .t '\.� •'��r.�, ��i��-...:1��� + • � _�r,.r.y .�. Y""- J.�.• E�'P 4rr 'Ir. t�Ll"n.� r,1 _ \�.` �,,'+ 111 • %� .�`• - ti',4 --E-ETERT / __rr •r. Jif, ♦♦ •1 L Vol S1Tc >~ O 593 Z RDOLES AVE. am SLlk ; ji -11 l r �i.,I J4; cr-i.=r l,/ V / ,.no '`. a.>l /��.` f,ts'• �''t�/ ti -... :y/�F��/ 71 es rs �/ �r =C ..no ,,.•J `♦_: �ta / / �'_ / "+."'.• /' • r � - _'T• , � J r .rte• \.a , RSF ♦ " f tr+s•e .r•G) n+.s "';��e \j r i/ Ur``'_.j••'r "'''��rwo •r';;),i�, _ i� ,•' X" '1t{`:�T\ .X� \' ..�•♦��•�." ��.'��/:/� `/.� �, t.n_�.!�t Ht� �..�i »„ tai �, ,.� y �f - � 'fir,j:'' %:: ,•,d �."� �n••�� ,•..•�'r:...w. l ;�.:k �s�.,'sF l•.� ,'•r ''� � ,,��... � �� ±i ��R SIF 16 <<''. t' � � .��•,� � �,,, LO ru �, �.. ... r' 17 i cy N i. i 12�LT AA A P s L ♦ B. a 2 \o •i � y Zi o �it � o av A t� � of Fitt i. -LE_ \ � L •_ _ ., � � Ex41 51i E P 1 EXHIBIT C Conditions of Approval Precise Plan 47-85 ' 5432 Robles (Ken Lerno) 1. All construction shall be in conformance with Exhibit B (site plan) , and Exhibit C (conditions of approval) , and all other ap- plicable codes and ordinances of the City of Atascadero. 2. Landscape and irrigation plans shall -be approved by the Community Development Department prior to ' issuance of building permits (see Section 9-4.124 of the Zoning. Ordinance) . ' The following items shall be noted or detailed on these plans: a. All areas including setbacks, parking lots, and unused areas shall be, landscaped appropriately per Section 9-4.125 (a) . b. Concrete curbing, or a functional equivalent, shall be pro- vided to enclose all required landscaping. C. All existing trees with a diameter of eight inches or more shall be shown. Trees which are to be removed shall be noted as such. d. Proposed landscaping shall be accompanied with a planting schedule which includes species, container sizes, number of plants or flats, and the space distribution of ground covers. e. Parking areas which abut an adjacent residential area shall be screened with solid fencing six feet in height and a five foot wide landscaping strip. 3. A minimum of eleven parking stalls shall be provided in accordance with Section 9-4.114. One handicapped stall, 14 ' X 18 ' , shall be appropriately striped, marked, and posted per Section 9-4.115 (c) . 4. Road improvement plans, designed by a registered civil engineer , shall be submitted and reviewed by the Public Works Department. These shall include: a. The installation of curb, gutter , five foot sidewalk, and pave-out along property frontage. b. The pavement width of Robles from curb face to centerline shall be 20 feet. C. It is the applicant' s sole responsibility to have removed, relocated, or brought to grade any public utility facilities that may conflict with the approved road improvement plan. 5. Drainage and erosion control plans, prepared by a registered civil engineer , shall be approved by the Public Works Department. These shall include the design, details, and calculations for a storm- water detention basin. a. Construction of the detention basin and any on-site drainage structures shall be certified by the designing engineer prior to final inspection. If the applicant finds that the deten- tion basin requirements restrict the use of his land, he may choose to provide downstream drainage improvements in lieu of the detention basin. 6. A sewer connection permit shall be obtained from the Public Works Department prior to hooking up to the public' sewer. 7. An encroachment permit shall be obtained prior to beginning work in the public right-of-way. Applicant shall sign an inspection agreement and. a curb and gutter agreement guaranteeing that the work will be done and inspections paid for. 8. This precise plan is approved for a period of one year from the date of final approval (October 8 1985) . v" f ice^ M E M O R A N D U M • TO: City Council July 28, 1986 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Tentative Tract Map 16-86 LOCATION: 7635/7655 E1 Camino Real APPLICANT: Donald Vaughn and Charles Carlin (Cuesta Engineering) REQUEST: To allow the creation of seven commercial air-space condo- minium units. On July 7, 1986, the Atascadero Planning Commission conducted a public hearing on the subject matter unanimously . approving the application subject to the findings and conditions contained in the attached staff report. • John Falkenstein with Cuesta Engineering, representing the applicant, spoke in support of the project and asked for clarification concerning Condition #3 (soils report) . No on else spoke on the matter. /ps cc: Donald Vaughn/Charles Carlin Cuesta Engineering • • 0 Tentative Tract Map 16-86 (Don Vaughn/Charles Carlin/Cuesta) C. ANALYSIS: This application proposes the creation of seven commercial air- space condominiums. The project consists of the conversion of a seven unit commercial structure to individual ownership. Thus, each commercial unit will be individually owned, and parking and other open areas will be owned in common. This project was previously reviewed and approved under the pre- cise plan and building permit processes. All public improvements that would normally be requird at the time of tract map approval have been secured or conditioned as part of these prior approvals. Tentative tract 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. D. RECOMMENDATION: Staff recommends conditional approval of Tentative Tract Map 16-86 based on the Findings in Exhibit A and the Conditions of Approval in Exhibit B. SLD:ps ATTACHMENTS: Exhibit A - Findings for Approval Exhibit B — Conditions of Approval Exhibit C - Location and Zoning Map Exhibit D - Tentative Tract/Parcel Map Exhibit E - Precise Plan Conditions of Approval 2 ! s Tentative Tract Map 16-86 (Don Vaughn/Charles Carlin/Cuesta) EXHIBIT A - Tentative Tract Map 16-86 Findings for Approval July 7, 1986 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 the California Environmental Quality Act (CEQA) (Section 15301. (0) ) . 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 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. 3 • 0 Tentative Tract Map 16-86 (Don Vaughn/Charles Carlin/Cuesta) EXHIBIT B - Tentative Tract Map 16-86 Conditions of Approval July 7, 1986 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. 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. 4. 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 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. 5. All conditions imposed on the project by Precise Plan 49-85 and building permits shall be satisfied prior to recording the final map. 6. A common ingress/egress easement shall be granted between Lots 9 and 10 and shall be recorded simultaneously with or prior to re- cording the final map. 7. 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. 4 t✓x�'6B►T G Loe-A ion{ 7 ,�o ^\y 9 tiro y� S �� dee ss55 1� �9)p th� \lb-' ^� E' ti. ,9�i QoL;yoyy \b1 \� 1 `\ A 11ka5 RtS y Fw Y `� a 1k 7 \ ��°-�, � OL il 1 J x t 17 I 6yp5 1 e 5 xg o 1 Qp \�.O o i � 55 ♦ 1�c' k5 � �, Aqo ��, J• ye � ,�, �� t ?�35�?�SS EL G4M1� -11b671�o1,0 65 nip 1105 711� '� 'O oIo54 2 40, , :�� ?•� ^mow �c' 'tee Yqo _+T 18 7 W5 -ti � 'i•h5�rj_r � d772.3 .�7,50, 20 FH 1 ' . x �...- Amalk 'Ah'-X41t5NNW rr T2AA6;r m 4p i TM iG-86 N / it � � N _ � Z • ti _i ........ r. a a n Ilk gayIt qja ~ �e z EA41 B 17 e i Pr�uS� Platy Co#Ld, 4 AG 1 t EXHIBIT�,D ; Y ondi `C ons 'o A f: "Approval . r: PP " _p recise','P - .� , Plan z x.7..635/7655:-E1.° Camino Real T'1"(Don.Vaughn%youn, '.Brothers) p g 1. ' All construction shall be in conformance with . Exhibit B (site �.� plan Ex p ) , hi =�E bit, C (elevations) , Exhibit D (conditions of approval) , ,:and all other`:applicable codes and ordinances of the ;,City of fiw ascadero y r 2. 2x Complete -landscapeY and' irrigation .plans shall be submitted to,.'and SON., s_ubsequeritly approved by, the_ Community -' ,DevelopmentDepar ment Y�, rior: o:tissuance of buildin ermits ;'(see. Section 9-4.124 of the ZY g P Zoning Ordinance) .; " The following items shall be noted or detailed on these -;plans r y All areas including setbacks, 'parking lots, and unused areas shall be landscaped appropriately as per Section 9-4.125 (a) . b. Concrete ,;curbing, or -•a functional equivalent, shall be pro- vi.ded to .enc lose"' all required landscaping. - w c. -All"existingY-tree`s with a diameter of eight inches or more s :hal _be `shown Trees which are to be removed shall be', noted assuch. � H ti d ` Proposed landscaping shall be.:. accompanied _with 'a planting schedule_ '-which includes species, contaiheriizes, '-number =of " plants or flats, `and the space distribution of ground `covers. ' 3. Signage shall be reviewed. and approved before issuance ofsign - permits .:in conformance with Section 9-4.130. ; The proposed monu- ment sign is in conformance with these standards. 4. A.six foot solid wall or fencing shall pe located along the rear property-.-line where the property abuts a residential zone. 5 Theproject shall . comply with Zoning Ordance inSection 9-4.108 (b) (2) which states:: "Where the rear property line abuts a residen- tial use: or :zone, ' no `rear setback is required for buildings or :porti.ons .of buildings which do not exceed 12 feet in height within ten feet 'of the ,near property line. The rear setback shall -be a �= minimum ,of :ten­feet for buildings or portions' of buildings which :exceed 12`"feet in -height. " 6 A lot merger shall be recorded prior to the issuance of building permits 7. . ,--.:,The applicant shall submit road improvement plans designed by a registered civil engineer for review and approval by the Public Works Department. These shall include: l < 7. �r a.• The installation of curb, gutter, ten foot n'pave-out alori ro ert sidewalk, and ,g P P y frontage of E1 Camino Real. . r`Drainage and erosion controllans, P prepared by a registered civil engineer, 'shall be reviewed and a =De tment pproved by the -Public par. -,,,_.-,Prior to the issuance of building permits, the applicant . shall ' 'contribute atowards, . downstream improvements. The applicant shall . submit details and:`ca'lculations fora 'stormwater detention basin present an alternative acceptable to -the Director, of Public Works. 4, The amount of .contr'ibution shall not exceed the ' cost of ; �the detention basin. - 10 -sewer- connection -permit shall be obtained from the Public Works Department' prior `to hooking up to the public sewer. . 5 11. An encroachmentspermit shall be obtained rior to . y T P beginning work in ahe public right-of-way. An inspection agreement and a curb r �fi and gutter :agreement shall be si ned g guaranteeing that the work will be done- ,--arid --inspections Paid ,for. 12. Thisprecise plan is' approved for a period of one $� date of final approval (December .4, 1985) . Year from the 4.- , f ii rte. r z. i Y ,7 5 '.fie l}A • M E M O R A N D U M TO: City Council July 28, 1986 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Tentative Parcel Map 14-86 LOCATION: 8205. Coromar APPLICANT: John and Dorothy Lopus (Cuesta Engineering) REQUEST: To allow subdivision of a 1.38 acre parcel into two lots of 22,000 square feet and 38,000 square feet each. On July 7, 1986 , the Atascadero Planning Commission conducted a public hearing on the subject matter unanimously approving the land division request subject to the findings and conditions contained in the at- tached staff report. John Falkenstein with Cuesta Engineering, representing the applicant, spoke in support of the project. He expressed concern with Condition #8 relating to the sewer annexation fee, and asked for clarification pertaining to Condition #10 (Amapoa-Tecorida drainage fee) . No on else spoke on the matter . /Ps cc: John and Dorothy Lopus Cuesta Engineering • 0 • Tentative Parcel Map 14-86 (Lopus/Cuesta Engineering) C. ANALYSIS• The property proposed for subdivision is located in the RSF-X zone. The minimum lot size in this zone is one-half acre. Both of the lots proposed in this application exceed the minimum lot size requirement. The subject propertycurrentlycontains one single family dwell- ing. The new lot being created is located to the rear of the ex- isting dwelling. Access to this new lot will be by an easement to Coromar crossing the front lot. The access easement will also serve as a Public Utilities Easement allowing the rear lot to be connected to the sewer line existing in Coromar. The entire area surrounding the subject parcel was the subject of recent General Plan and Zoning Ordinance amendments allowing for the establishment of one-half acre 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. D. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 14-86 based on the Findings in Exhibit A and the Conditions of Approval in Exhibit B. SLD:ps ATTACHMENTS: Exhibit A - Findings for Approval Exhibit B - Conditions of Approval Exhibit C - Location and Zoning Map Exhibit D - Tentative Parcel Map 2 • 0 Tentative Parcel Map 14-86 (Lopus/Cuesta Engineering) EXHIBIT A - Tentative Parcel Map 14-86 Findings for Approval July 7, 1986 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 that is proposed. 4. The site is physically suitable for the 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 notle 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. 3 0 0 Tentative Parcel Map 14-86 (Lopus/Cuesta Engineering) EXHIBIT B —Tentative Parcel Map 14-86 Conditions of Approval July 7, 1986 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recordation of the final map. 2. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 3. 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. This shall appear as a note on the final map. 4. Obtain encroachment permit(s) from the Public Works Department prior to issuance of a building permit and construct improvements as directed by the encroachment permit (s) prior to final building inspection. 5. Plan and profile drawings of proposed individual driveways and driveway easements shall be submitted for approval by the Communi- ty Development and Public Works Departments in order to determine average grade and appropriate improvement requirements. This shall appear as a note on the final map. 6. Obtain a sewer connection permit from the Public Works Department prior to hooking up to the public sewer . 7 . An in-lieu sewer connection fee of $573. 00 per single family lot shall be due in addition to the usual connection, tap-in, and in- stallation fees, prior to issuance of a building permit. 8. A sewer annexation fee in the amount of $1, 210 .00 per single fam- ily residence shall be paid prior to recording the final map. 9. The property owner shall enter into an agreement, acceptable to the City Attorney, agreeing to participate in the formation of an assessment district for drainage and related improvements intended to mitigate flooding in the Amapoa/Tecorida drainage area and in those areas impacted by that drainage. 10. Participate in eliminating a portion of the flood hazard to the property by posting a performance security in the amount of $5 ,393.00/acre with the City to be used for a drainage improvement project for channelizing the outflow from Atascadero Lake to Atas- 4 Tentative Parcel Map 14-86 (Lopus/Cuesta Engineering) cadero Creek. In the event that a future assessment district is formed for the area drainage improvements that include this pro- ject, then credit in the amount of the deposit will be applied towards final apportionment of the assessment if allowed by the assessment district proceedings. 11. 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. 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. 5 EXHIBII G LoG4-n �N ZoN 1 N 4 e A18 ` r3s r e B9 /S� ; 2 c CS kIS rJ 0 d°5 Sp/, J los 4{ -{1 lx° \� iO l Be JJ °\✓cJ 1', i {O\ ��5h 13.8 {�o � \off % 7 � .",``^ 24 C QIAo ./ b ��� < Za`� R g 5 Xt lb 00 dr 6-A 1 i r \ y .. -B RAF-X, �- �t 0 ��_., k PA 00 p�' , 5-C_G 0 SZOS Gogo 01Afz- 3g% L JF G �, •e it t o n J l 3 4 � � qs 17 ' 00 ,,lk s ,\ h 34 to54 CG ,x EX kill D t ARcr=L- AAA(- 1.4 — AA(- 1. — ip L^Z v`Q` .� 0,tCL t W t , .. F ~ O v J M f � ! I z r i ,,� W W o�� V �� o adv An :t � r`.a _ W Qo0kuo to v�xt W ��� 3 iS � �r\ 2 W oaiN • oeo O ti4v�Z� S 41 Dt IAC \\ \ ILI, l Z) le - �''D a�q'W a R ol i� Q • 1 -'� .!D M E M O R A N D U M TO: City Council July 28, 1986 VIA: Michael Shelton, City Manager P11 FROM: Henry Engen, Community Development AAC SUBJECT: Acceptance of Final Parcel Map 3-85 LOCATION: 8870 West Frontage Road APPLICANT: Martin Campbell (Dennis Bethel) On March 25, 1985, the City Council approved Parcel Map 3-85, subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The required conditions have been complied with and the final map is recommended for approval. HE:ps cc: Martin Campbell Dennis Bethel & Associates • CA 7 • M E M O R A N D U M TO: City Council July 28, 1986 VIA: Michael Shelton, City Manager id FROM: Henry Engen, Community Development Director SUBJECT: Acceptance of Final Parcel Map 29-85 LOCATION: 9750 Atascadero Road APPLICANT: Bill and Linda Ramay (North Coast Engineering) • On January 27, 1986 , the City Council approved Parcel Map 29-85, subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The required conditions have been complied with and the final map is recommended for approval. HE:ps cc: Bill and Linda Ramay North Coast Engineering • M E M O R A N D U M TO: City Council July 28, 1986 VIA: Michael Shelton, City Manager Y"` A , FROM: Henry Engen, Community Development Director -4-'Yfi SUBJECT: Acceptance of Final Lot Line Adjustment 2-86 LOCATION: 5100/5120/5300 San Benito Road APPLICANT: Golden West Development Company (Volbrecht Surveys) On June 9 , 1986, the City Council approved Lot Line Adjustment 2-86, 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: Golden West Development Company Volbrecht Surveys • 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: 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 Sorq of the County properties division to work out the terms of 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 outhouse. The way has been paved for this, since the County has received an exception to the General Plan for service ou side the Urban Services Line. • RECORDING REQUESTED BY: OITY OF ATASCADERO WHEN RECORDED MAIL TO: Public Works Director City of Atascadero P. 0. Box 747 Atascadero, CA 93423 NO DOCUMENT FEE AGREEMENT FOR GRANT OF EASEMENT FOR SEWER Ir1PROVEINTS ACROSS CHALK MOUNTAIN GOLF COURSE THIS AGREEMENT is made and entered into this day of 1986 , 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 the ities 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 lee incorporated boundaries of the City of Atascadero and the incidental benefits to the County Property known as the CHALK MOUNTAIN GOLF 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 : 0 SEE EXHIBIT B ATTACHED HERETO; 5 . 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, equitable lelief, or any wrongful act , or any negligent act or omission to act on the 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 40elief, or any wrongful act or any negligent act or omission to act on the art of the Grantor, or of its 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: 0 ROBERT M. JONES , City Attorney BOLD C . SHARITZ , City Clerk -3- CITY OF ATASCADERO BY: MARGE MACKEY, Mayor COUNTY OF SAN LUIS OBISPO BY: CHAIRMAN OF THE BOARD OF SUPERVISORS CLERK OF THE COUNTY OF SAN LUIS OBISPO -4- I JULY 21, 1986 To All Council Members: The breakdown detail on all accounts is available for your viewing in the Finance Department. 4Dav -d " rensen Admin. Se vices Director • 3 • I CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT JUNE 1, 1986 TO JUNE 30 , 1986 EXPENSE LISTING PAYROLL DATED 06/11/86 CHECKS #36532-36634 70 , 452. 53 PAYROLL DATED 06/25/86 CHECKS #36635-36737 71,011.70 VOID CK#30079 CK. REG. DATED 06/13/86 (225.39) VOID CK#30026 CK. REG. DATED 06/13/86 (72.00) VOID CK#30172 CK. REG. DATED 06/20/86 (5. 59) VOID CK#30042 CK. REG. DATED 06/13/86 (139.05) TOTAL 141,022. 20 5 CITY OF ATASCADERO TREASURER'S REPORT • JUNE 1, 1986 TO JUNE 30 , 1986 RECEIPTS TAXES Property Tax 12,157.68 Cigarette Tax 5,326. 65 Motor Vehicle "In Lieu" 54,623.87 Sales Tax 93,921. 63 Franchise Tax 2,450.89 Livestock-Head Day Tax 115.92 Miscellaneous Tax 4,223.88 Development Impact Tax 31,922.00 State Trailer In-Lieu 5,019.41 Homeowners Relief 6,180 .24 LICENSES/PERMITS/FEES 58,347.16 GAS TAX 21,029.79 PARKS & RECREATION FEES 31,426.97 LOCAL AGENCY INVESTMENT FUND 290 ,000.00 TRANSPORTATION SB-325 96,229.70 • ORD. 117 AMAPOA-TECORIDA 4,132.00 MISCELLANEOUS Narcotics Officer 4,268 .25 School Resource Officer 7,655.82 Sale of Property 6,776 .00 Sale Maps/Publications/Reports 293. 80 Special Police Services 159.38 Fines & Penalties 1,645. 08 Planning Permit Deposits 7,934. 50 Bails/Bonds 3,676.00 Traffic Safety 6,375.13 Reimbursement to Expense 637 .11 P.O.S.T. 8,536.25 Business Improvement Assn. Tax 192. 25 Weed Abatement 530.56 Use of City Crews/Equip. 184.39 Performance Bonds 1, 200 .00 Refunds 1,171. 30 Miscellaneous 569 . 58 Appeals 100.00 Sanitation Reimbursement 61,792.58 TOTAL 830,805.77 1 lAk" MEMORANDUM • TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sp-psibaugh, Director of Public Works SUBJECT: Street Maintenance Districts DATE: Judy 21, 1986 Attached are four resolutions establishing street maintenance districts for Falda Avenue, Pinal/Escarps Avenues, Aguila Avenue, and Cayucos. It is recommended that these resolutions be approved by Council subject to the protest hearings scheduled for the meeting of July 28, 1986. Background: This is the final step in establishing the maintenance assessment districts for these locations. Upon approval of the resolutions and the Public Works Director ' s Report with the assessment map, this information will be submitted to the office of the Auditor- Controller of the County so that these assessments may be placed on the tax rolls. The assessments shown in the report with the resolutions are estimated first year costs and include major maintenance to establish street paving for presently unpaved roads. Future assessments will be much lower , since only routine maintenance of the reconstructed road- way will be done. If Council approves these resolutions and attachments we will submit these documents to the Auditor-Controller to be added to the 1986-87 tax bill. RESOLUTION NO. 83-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5820-5856) ; AND ORDERING IMPROVEMENTS AND THE FORMATION OF MAINTENANCE DISTRICT 86-1: FALDA ROAD WHEREAS, the Council has initiated proceedings for the formation of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California, to be known and designated as "Maintenance District 86-1: Falda Road" , hereinafter referred to as "the District" and; WHEREAS, the Council set a hearing on the formation of said Maintenance District held on the 28th day of July, 1986, at 7:30 p.m. in the Council Chambers of the City Council; and WHEREAS, at this time, the Council has heard testimony and evidence and is desirous of proceeding with the formation proceedings and confirmation of the improvements and maintenance and levy of assessments; 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. Upon the conclusion of the public hearing, the written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assembled lands within the District, and all protests are hereby overruled and denied. Section 3. The Council hereby confirms the maintenance and assessment work for the District as set forth in the Engineer ' s Report and as referred to in the Resolution of Intention as previously adopted relating to said assessment levy. Section 4. The diagram and assessment as set forth in the Engineer ' s Report are hereby confirmed and adopted by this Council. Section 5. The adoption of this resolution consistutes a levy of the assessment for the fiscal year commencing on the 1st day of July, 1986 , and ending on the 30th day of June, 1987, all in accor- dance with the report of the City Engineer. Section 6 . The estimates of costs, the assessment, the assessments, and all other matters set forth in the Engineer ' s Report, as submitted, are hereby approved and adopted by this Council and hereby confirmed. a • Section 7. The works of improvement and maintenan contemplated by the Resolution of Intention shall be performed pu suant to law, and the County Auditor shall enter on the County Assess- ment 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 8 . The City Treasurer shall herein establish a special fund known as "City of Atascadero Maintenance District 86-1: Falda Road" , into which the City Treasurer shall place all monies collected by the Tax Collector 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 9. The City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 10. The City Clerk is hereby further ordered and directed to file a certified copy of the diagram and assessment roll with the County Tax Collector , together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagr shall be filed in the office of the Public Works Director , with duplicate copy on file in the office of the City Clerk and open to the public for inspection. Section 12. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15 Part 2 of the Streets and Highways Code which are included within the boundaries of the District, shall be omitted and exempt from any assessment made under these proceedings. 2 0 s On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: BOYD C. SHARITZ, City Clerk MARJORIE MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. JONES PAUL M. SENSIBAUGH City Attorney Director of Public Works 3 PUBLIC WORKS DIRECTOR' S REPORT MAINTENANCE DISTRICT NO. 86-1 FALDA ROAD Attached is an estimate of the costs for the improvement of Falda Road. Said improvements would include rough grading and a 2" asphalt concrete maintenance cap to provide a roadbed on this street. Accompanying this report is a diagram of the district delineating the exterior boundaries thereof and every lot of land therein for the proposed work, improvements and maintenance. Also attached is the listing of individual assessor ' s parcel numbers along with the assessment for F.Y. 1986-87 for each of the benefitting lots as approved with the resolution. NEW CITY OF ATASCADERO DEPARTMENT OF PUBLIC WORKS 1918 CAD 1 1979 - i�- �,' TN014P5014 BURT 20 0 FERAIMfk2 2( MOZE -� O � a MORA � 8 METER �o 0 DREW �MlTN O O 40 2oMilvGFF D1CrE y �o0 g m DU1y 4 SAN Wo AVE. REVISIONS Date F�LDA RoAO M�i11rEAlmeE D15T2icr vo. 1 ASSEf561R i &X)K' 49, FACxE f DRAWN f.5 CHECKED APPROVED: DATE 7-8-8(e FALDA AVENUE Assessor's Number Amount Property Owner 49-301-04 $1150 Peterson 4640 San Anselmo Atascadero, CA 93422 49-301-17 $1150 Dicky 10440 Culver Culver City, CA 90230 49-301-07 $1150 Smith 3855 Falda Avenue Atascadero, CA 93422 49-301-08 $1150 Messer 7450 Morro Road Atascadero, CA 93422 49-301-21 $1150 Moze 202 Lomo Road San Carlos, CA 49-301-20 $1150 Burt 3650 Amargon Atascadero,CA 93422 49-302-34 $1150 Thompson 3580 Falda Avenue Atascadero, CA 93422 49-302-35 $1150 Fernandez 3650 Falda Avenue Atascadero, CA 93422 49-302-10 $1150 Mora 3720 Falda Road Atascadero, CA 93422 49-302-06 $1150 Rominger 3860 Falda AVenue Atascadero, CA 93422 49-302-07 $1150 Drew 3790 Falda Avenue Atascadero, CA 93422 (` 49-302-01 $1150 Duty 1� 4650 San Anselmo Atascadero, CA 93422 RESOLUTION NO. 84-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5820-5856) ; AND ORDERING IMPROVEMENTS AND THE FORMATION OF MAINTENANCE DISTRICT 86-2: PINAL/ESCARPA WHEREAS, the Council has initiated proceedings for the formation of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California, to be known and designated as "Maintenance District 86-2: Pinal/Escarpa" , hereinafter referred to as "the District" and; WHEREAS, the Council set a hearing on the formation of said Maintenance District held on the 28th day of July, 1986, at 7:30 p.m. in the Council Chambers of the City Council; and WHEREAS, at this time, the Council has heard testimony and evidence and is desirous of proceeding with the formation proceedings and confirmation of the improvements and maintenance and levy of assessments; 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. Upon the conclusion of the public hearing, the written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assembled lands within the District, and all protests are hereby overruled and denied. Section 3. The Council hereby confirms the maintenance and assessment work for the District as set forth in the Engineer ' s Report and as referred to in the Resolution of Intention as previously adopted relating to said assessment levy. Section 4. The diagram and assessment as set forth in the Engineer ' s Report are hereby confirmed and adopted by this Council. Section 5. The adoption of this resolution consistutes a levy of the assessment for the fiscal year commencing on the 1st day of July, 1986 , and ending on the 30th day of June, 1987, all in accor- dance with the report of the City Engineer. Section 6 . The estimates of costs, the assessment, the assessments, and all other matters set forth in the Engineer ' s Report, as submitted, are hereby approved and adopted by this Council and hereby confirmed. 0 0 Section 7. The works of improvement and maintenan contemplated by the Resolution of Intention shall be performed pu0 suant to law, and the Count Auditor shall enter on the Count Assess- ment 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 8. The City Treasurer shall herein establish a special fund known as "City of Atascadero Maintenance District 86-2: Pinal/Escarpa" , into which the City Treasurer shall place all monies collected by the Tax Collector 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 9. The City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 10. The City Clerk is hereby further ordered and directed to file a certified copy of the diagram and assessment roll with the County Tax Collector, together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagr shall be filed in the office of the Public Works Director , with 0 duplicate copy on file in the office of the City Clerk and open to the public for inspection. Section 12. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15 Part 2 of the Streets and Highways Code which are included within the boundaries of the District, shall be omitted and exempt from any assessment made under these proceedings. 2 0 0 On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: BOYD C. SHARITZ, City Clerk MARJORIE MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. JONES PAUL M. SENSIBAUGH City Attorney Director of Public Works 3 PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 86-2 PINAL/ESCARPA Attached is an estimate of theo c sts for the improvement of Pinal/Escarpa. Said improvements would include rough grading and a 2" asphalt concrete maintenance cap to provide a roadbed ed on this street. Accompanying this report is a diagram of the district delineating the exterior boundaries thereof and every lot of land therein for the proposed work, improvements and maintenance. Also attached is the listing of individual assessor ' s parcel numbers along with the assessment for F.Y. 1986-87 for each of the benefitting lots as approved with the resolution. March 28 , 1986 City of Atascadero Public Works Department Pinal/Escarpa Road Maintenance District Final Accounting: A. Grading and motor grader rental 600.00 B. Water Truck and water for compaction 350.00 C. A/C Overlay 9731.33 D. A/C Burm 1586.00 SUB-TOTAL $12,267.33 10% Adm. 1,226.00 TOTAL $13,493.33 i CITY OF ATASCADERO DEPARTMENT OF PUBLIC WORKS 9 / 1918 / � o N 5�23h2� NO 50666 r r &Roc-ER I � O 2. N�CFLGE t�A� w `P �- C(o. .s CAY lIRCr _�(01D kJot W PETi noN% , � AVE. y 22 .10 1NA� X156:3?� o VT K Q o XRAfAIM I fJ i y rJ' / 1 ` (D �.. �d- N 6���� r X94 b/' REVISIONS Date PIM A VF. / E AePA AVE ,; ,,0hVTDJA1 ACE D16 TR C T NO l (P,�JPO EDS ORAWN:K5 CHECK�[�: 14-PP-ROVED: DATE: 20,�� PINAL/ESCARPA AVENUES Assessor's Number Amount Property Owner 29-111-06 $1928 Molina P.O. Box 1435 Atascadero, CA 93423 29-111-05 $1928 Molina P.O. Box 1498 Atascadero, CA 93423 29-111-02 $1928 Clayburg P.O. Box 2125 Atascadero, CA 93423 29-111-03 $1928 Callerman 9456 Carmel Road Atascadero, CA 93423 29-111-04 $1928 Kroger ' 7285 Pinal Atascadero, CA 93422 29-161-08 $1928 Kraemer 5155 Escarpa Atascadero, CA 93422 29-161-07 $1928 Chisholm 5205 Escarpa Atascadero, CA 93422 RESOLUTION NO. 85-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5820-5856) ; AND ORDERING IMPROVEMENTS AND THE FORMATION OF MAINTENANCE DISTRICT 86-3: AGUILA AVENUE WHEREAS, the Council has initiated proceedings for the formation of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California, to be known and designated as "Maintenance District 86-3: Aguila Avenue" , hereinafter referred to as "the District" and; WHEREAS, the Council set a hearing on the formation of said Maintenance District held on the 28th day of July, 1986 , at 7:30 p.m. in the Council Chambers of the City Council; and WHEREAS, at this time, the Council has heard testimony and evidence and is desirous of proceeding with the formation proceedings and confirmation of the improvements and maintenance and levy of assessments; NOW, THEREFORE, IT IS HEREBY RESOLVED by the Council to the City of Atascadero as follows: Section 1. The above recitals are true and correct. Section 2. Upon the conclusion of the public hearing, the written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assembled lands within the District, and all protests are hereby overruled and denied. Section 3. The Council hereby confirms the maintenance and assessment work for the District as set forth in the Engineer ' s Report and as referred to in the Resolution of Intention as previously adopted relating to said assessment levy. Section 4. The diagram and assessment as set forth in the Engineer ' s Report are hereby confirmed and adopted by this Council. - Section 5. The adoption of this resolution consistutes a levy of the assessment for the fiscal year commencing on the 1st day of July, 1986 , and ending on the 30th day of June, 1987 , all in accor- dance with the report of the City Engineer. Section 6 . The estimates of costs, the assessment, t assessments, and all other matters set forth in the Engineer ' s Repor 0 as submitted, are hereby approved and adopted by this Council and hereby confirmed. 0 0 Section 7 . The works of improvement and maintenance contemplated by the Resolution of Intention shall be performed pur- suant to law, and the County Auditor shall enter on the County Assess- ment 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 8 . The City Treasurer shall herein establish a special fund known as "City of Atascadero Maintenance District 86-3: Aguila Avenue" , into which the City Treasurer shall place all monies collected by the Tax Collector 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 9. The City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 10. The City Clerk is hereby further ordered and directed to file a certified copy of the diagram and assessment roll with the County Tax Collector , together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the Public Works Director , with a duplicate copy on file in the office of the City Clerk and open to the public for inspection. Section 12. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15 Part 2 of the Streets and Highways Code which are included within the boundaries of the District, shall be omitted and exempt from any assessment made under these proceedings. 2 On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopt* in its entirety on the following vote: AYES• NOES: ABSENT: ADOPTED: ATTEST: BOYD C. SHARITZ, City Clerk MARJORIE MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. JONES PAUL M. SENSIBAUGH City Attorney Director of Public Works 3 PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 86-3 AGUILA AVENUE Attached is an estimate of the costs for the improvement of Aguila Avenue. Said improvements would include rough grading and a 2" asphalt concrete maintenance cap to provide a roadbed on this street. Accompanying this report is a diagram of the district delineating the exterior boundaries thereof and every lot of land therein for the proposed work , improvements and maintenance. Also attached is the listing of individual assessor ' s parcel numbers along with the assessment for F.Y. 1986-87 for each of the benefitting lots as approved with the resolution. March 28, 1986 City of Atascadero Public Works Department Aguila Road Maintenance District Final Accounting: A. Grading and motor grader rental 600.00 B. Water tru ck rental - compaction 225.00 C. Overside drain - 8" 419.82 D. A/C Overlay 2" 5819.13 A/C Burm 1200.00 E. Finish and handwork on A/C Driveways and burros 177.56 F. Install overside drain - labor and equip. 396.03 SUB-TOTAL $8,832.20 10% Adm 883.00 TOTAL $9,715.20 Allk CITY OF ATASCADERO mile.' ,um DEPARTMENT OF PUBLIC WORKS 1918 ti , 1079 CAD�; A 55E550R',5 80oK 317 PGE 0/ s8�°24'G✓ z t N- •VQ � 5 s GAUCTNE) 20 AGU►� PORTER , 21 REVISIONS Date ASS'S�MINT �i5 T�/G T DRAWNG. W1 CHECKED: APPROVED: DATE:6J96 AGUILA AVENUE Assessor's Number Amount Property Owner 30-320-10 $1943.00 Gaultney P.O. Box 1183 Atascadero, CA 31-012-16 $1943 Miyamoto P.O. Box 1555 Atascadero, CA 93423 31-012-04 $1943 Michaelson 7450 Morro Road Atascadero, CA 93423 31-012-17 $1943 Menkel 5310 Aguila Atascadero, CA 93423 31-012-20 $1943 Porter P.O. Box 1481 Atascadero, CA 93423 RESOLUTION NO. 86-86 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5820-5856) ; AND ORDERING IMPROVEMENTS AND THE FORMATION OF MAINTENANCE DISTRICT 86-4: CAYUCOS AVENUE WHEREAS, the Council has initiated proceedings for the formation of a Maintenance District pursuant to the provisions of the Streets and Highways Code of the State of California, to be known and designated as "Maintenance District 86-4 : Cayucos Avenue" , hereinafter referred to as "the District and; WHEREAS, the Council set a hearing on the formation of said Maintenance District held on the 28th day of July, 1986 , at 7 :30 p.m. in the Council Chambers of the City Council; and WHEREAS, at this time, the Council has heard testimony and evidence and is desirous of proceeding with the formation proceedings and confirmation of the improvements and maintenance and levy of assessments; 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. Upon the conclusion of the public hearing, the written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assembled lands within the District, and all protests are hereby overruled and denied. Section 3. The Council hereby confirms the maintenance and assessment work for the District as set forth in the Engineer ' s Report and as referred to in the Resolution of Intention as previously adopted relating to said assessment levy. Section 4. The diagram and assessment as set forth in the Engineer ' s Report are hereby confirmed and adopted by this Council. - Section 5. The adoption of this resolution consistutes a levy of the assessment for the fiscal year commencing on the lst day of July, 1986 , and ending on the 30th day of June, 1987 , all in accor- dance with the report of the City Engineer. Section 6 . The estimates of costs, the assessment, the assessments, and all other matters set forth in the Engineer ' s Report, as submitted, are hereby approved and adopted by this Council and hereby confirmed. • Section 7. The works of improvement and maintenan contemplated b h p y the Resolution of Intention shall be performed p suant to law, and the Count Auditor shall enter on the Count Assess- ment 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 8 . The City Treasurer shall herein establish a special fund known as "City of Atascadero Maintenance District 86-4 Cayucos Avenue" , into which the City Treasurer shall place all monies collected by the Tax Collector 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 9. The City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 10. The City Clerk is hereby further ordered and directed to file a certified copy of the diagram and assessment roll with the County Tax Collector, together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagr shall be filed in the office of the Public Works Director , with duplicate copy on file in the office of the City Clerk and open to the public for inspection. Section 12. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15 Part 2 of the Streets and Highways Code which are included within the boundaries of the District, shall be omitted and exempt from any assessment made under these proceedings. 2 On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: BOYD C. SHARITZ, City Clerk MARJORIE MACKEY, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. JONES PAUL M. SENSIBAUGH City Attorney Director of Public Works 3 PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 86- 4 CAYUCOS AVENUE Attached is an estimate of the costs for the improvement of Cayucos Avenue. Said improvements would include rough grading and a 2" asphalt concrete maintenance cap to provide a roadbed on this street. Accompanying this report is a diagram of the district delineating the exterior boundaries thereof and every lot of land therein for the proposed work, improvements and maintenance. Also attached is the listing of individual assessor ' s parcel numbers along with the assessment for F.Y. 1986-87 for each of the benefitting lots as approved with the resolution. City of Atascadero Public Works Department Cayucos Avenue 1. A.C. Paving (2" on Native) $ 5,425 2. A.C. Berm (Drainage/Erosion Control) 375 3. Pave Shoulder (4:1) 2' wide 1,100 (Drainage & Erosion Control) 4. Valley Gutter 950 5. Raise San. Sewer Manhole 500 6. Grading & Compaction 2,500 Sub-Total $10,850 Engineering & Inspect. 1,085 TOTAL $11,935 III CITY OF ATASCADERO DEPARTMENT OF PUBLIC WORKS ....... 1918 1, 199 �' L t� r r2 of, qti � ti o � E� CAM rel o REA t, REVISIONS Date CAYtl O AVE9116 W INTERAVC5 D15TRIC7- /VO. 1. DRAWN: X� CHECKED APPROVED DATE:747_iL CAYUCOS AVENUE Assessor's Number Amount Property Owner 29-212-12 $1085 Porter P.O. Box 1481 Atascadero, CA 93423 29-212-11 $1085 Day 8205 San Rafael Atascadero, CA 93422 29-212-13 $1085 Irwin 4235 Cayucos Atascadero, CA 93422 29-212-15 $1085 Irwin 4235 Cayucos Atascadero, CA 93422 29-212-23 $1085 Hoag 4255 Cayucos Atascadero, CA 93422 29-261-07 $1085 Lagrange 4350 Valdez Atascadero, CA 93422 29-261-01 $1085 Pembroke P.O. Box 695 Riverside, CA 92502 29-261-12 $1085 Sutter P.O. Box 1428 Atascadero, CA 93423 29-261-17 $1085 Lees P.O. Box 2265 Atascadero, CA 93423 29-261-19 $1085 Safranek 4055 E1 Camino Real Atascadero, CA 93422 29-261-14 $1095 Safranek 4055 E1 Camino Real Atascadero, CA 93422 • M E M O R A N D U M DATE: 7-22-86 TO: City Council w THROUGH: Michael Shelton, City P nager FROM: Mike Hicks, Fire Chief SUBJECT: Weed abatement assessment charges RECOMMENDATION It is my recommendation the administrative fee for weed abatement charges be at 40o and fees as shown on the attached sheets be accepted. BACKGROUND On April 28 , 1986, the Atascadero City Council adopted a resolution • declaring that all noxious or dangerous weeds or other flammable material that create a fire hazard shall constitute a public nuisance. During the period from April 29th through May 16th, notices were mailed to property owners informing them of weed abatement requirements. Approximately 3 ,000 notices were mailed. On May 27 , 1986 , the City Council held a public hearing regarding appeals and awarded the bid contract to Jay Plank (Jay' s Tractor Service) for hand and tractor work, to abate parcels which were not abated by property owners . Abatement work began on June 5th and continued until July 22nd. On July 23 , 1986 , a Notice of Appeal and an itemized list of weed abatement assessments will be posted with the City Clerk and at the City Fire Station. FISCAL IMPACT An administrative fee of 40o will cover direct costs to the City for administration and enforcement of the weed abatement ordinance . The charges shown on the attachment include the 40o fee. Total weed abatment charges are $20 ,569 .60 (this figure includes contractor ' s fees plus administrative fees. ) MIKE HICKS MH:pg s ._ i® w w J w O Man I I m I r ( 1 w r J O ( lL 1 P X J Q K I 1 ..r H W ui ti 0- CD Qo z Ix Go K C3: LL i I- v):v) .+ Q tiCie a ( f .r f. W i J w u 1 � I d C3! 74 I j f j Y 6Li d i ii 1 I Y• I I j ! 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I ill o o 0 a � kjfloj,61a I o I I I oo io 12-13111 . oo jU 1 Ad kil I / 10 1 "-211 I;z 10 10 ( 1 1 / $ 9 od 1117 Lqly I I `�Iq 10 1713 1(PI-71 000 1/ C 131ov V 7ad 4y 107 [314 1( 10100 I l I I/ I4I7I _ ° o IF7 I al(a 49073 1 ao 1010o o0 SUBMITTED BY Name Phone Number Address Date COUNTY OF 0 LUIS OBISPO - AUDITOR-CONTROL'S OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS SPECIAL ASSESSMENT TRA - (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount ala p 1011 10P131laoo Ini Co3 00 r7 1 A [311 joji ii lo[510 I 00 1o d a L31 I loll 11 000 0 1 12 $ , I0IG 17 ;4 ! 0 10 101 1 1 1 1 IA1151 .I 11 o o law 3l o / alCIO 1010 oo r7l 24 d 10111011121.017100 0 17 � I 1 101113101 I 00 lol 117 IRI&I 1311101,511 15Mo0 10 1 (17 jal(p 3111 o15111515-1010 I 9 , 00 � 71aCv 1-31 1 I o I I X9000 17 a & 1,311 101911111710100 I l 1 117101 . 0 0 � 7a 1031 l 0OO o0 SUBMITTED BY Name Phone Number Address Date COUNTY OF *LUIS OBISPO - AUDITOR-CONTROL*S OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS �ECIAL ASSESSMENT TRA _ (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount it a 30 / 1511131310o 0 7 IA G 3o I A 0171010101 1 1 1 1 1 ai I . oo 17A 3009 i / o0 101 yD , 00 ! 7 1 a J 1310161/ 1/ o / 10 10 101 161.It 1-71;zld 0 1,3 10 1571olo 1 (Plgj 0 10 7 3o �19a o / lo 00 1 � w , 00 / 7a J36e431 / (Poo hag , 00 1 )171?1 (,l1:31a 3 / / 00 10l a ao a 1:61014111 A d o h L I / .2 71 A( 1310191qJ11011 000 ( 7a3oN0 1 101 / 1010 10 f111I , � 1 '7a 61 3 ) 0 1 al 010 10 Jafl o 0 SUBMITTED BY Name PhDne Number Address- Date COUNTY OF LUIS OBISPO - AUDITOR-CONTRO*R'S OFFICE KEY PUNCH —INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS SPECIAL ASSESSMENT TRA _ (1-4) (5-14) (15-23) T Fund Number Parcel Number ax Amount Irl I AG, 0 10 0 7 0 o D 1 a1 a9 o 161,2130 1010 161 fl , o d ( 1a / 1,? I;z 1 / 1 A0100 l ;91(0 '7 a9 / 3 / a o 10 101 a / 10 , od a 0 00 1710 od (171 R1 a9 / / / 1000 33 , 0 a , oa lv I-AlIII00 17A 10johlI 171a I 000 117 1 1 1 1 010 In � 7I j 101010 W SUBMITTED BY Name Phone Number Address Date COUNTY OF SOLUIS OBISPO - AUDIT.OR-CONTROLAS OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS •ECIAL ASSESSMENT TRA - (1-4) (5-14) (1.5-23) Fund Number Parcel Number Tax Amount Ila a �so9 I -,2- ,21 ,01&100 10 9 , sc 17 a . �i q -;zo (oo 10101 1 1 L 1 -71olo 1713k � 11? 3153090o o r , I F 1aja 1 Ll 1 ;Z13 10 10 0 0 , e o 7J 12151`f 1 ad 3o 0o 63 . o 0 h7l A q1 $io 0 10 ,loj 171 al(p oao00 31 , Q o ( 7 a aB3 as I o I 100 p I7 .3 , sa 17aI-A'31112121q[41olo lo 71a6 o00 1 /17P1610O0 I I I I I I ( I . ALJ 1j7 1aJd 000 SUBMITTED BY Name Phone Number Address Date COUNTY OF 0 LUIS OBISPO - AUDITOR-CONTROL'S OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS SPECIAL ASSESSMENT TRA - (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount it r7lAd 9 o 10 10 (a 151 Cool 1 1 05O oo 3 at Io 7a � (014151110 1700 10 0 0 10 101 I I 1 10 10101 . W 10 10101 l I i fJ 00 lol 00 In 000 1010 1 - ( i ( III . 1___1 1010 10 SUBMITTED BY Name Phone Number Address Date COUNTY OF "'SOLUIS OBISPO - AUDITOR-CONTROLLOS OFFICE A '4 ef KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS OECIAL ASSESSMENT TRA (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount a � 01a3 00 10 1 -7aj5`f 10aI 111,30 10101 1 1 1 17161 . o a EZ a � s q121;z1q 100 0 , oa aVa 5q ai A coo 0 0 , a 5`f ,2, l 1 MO 100 143ig . 10,01 1 -7 1 a / 510 1010 a 43o / a / oo h � . W too In9g o0 l7 3I /11,51a0 10 10I l D . 00 1H la (o s 3 / / 1,31710100 0 / o0oI 3 00 I I 1131 � , � ( ' 7a (P 161�1313 1 0 00o 9G o0 SUBMITTED BY Name Phone Number Address Date COUNTY OF SAUIS OBISPO - AUDITOR-CONTROLLA OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS *ECIAL ASSESSMENT TRA _ (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount 21 9 167 13161(,,10 10 101 D DD 1-71 A d IqV I/ a oho 1010 a o a 17a 6la :Rc,5]o0 1 0 11171 ,-161 1411[/ 3 3 1 10 10 1 0 1 1 1 111015- I /17AJ kjjj6jSpj ! I o 1010 , o0 1 /171a[�j 141q 10 Is 1�l I I�zlo I00 dd 17 � 9 09 / 000 h ! do 17 1,;z14111lg3o 00 13sd , 00 1( 17,;),, lqlqf / 131a1-;Zj�I olo h 1-121 $ o , oa / 17 1 aJ�l 141,71 / 9 / I a3oo0 111-71a 4a31 000 5 �i 71 a (J qjqJ31,3V.,101710 I 0 jo SUBMITTED BY Name Phone Number Address Date COUNTY OF SUIS OBISPO - AUDITOR-CONTROLLOW OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS OECIAL ASSESSMENT TRA - (1-4) (5-14) (1.5-23) Fund Number Parcel Number Tax Amount 17a 1311 / a3101-10 10 101 . 16 ,61 13111/ aPDso 00 . o 17 311a D / oo o � � 0 � 7 6 3 / j,,;tNojjjO00 17 PId31 / 3 07000 1 1 1 Wa , o0 ( 7a6 13111 /13141 o 13 l0 I 0o I I lql;zl , o o 17 JAI 1,31111 p[;�10300 hq . lel Ll7aJ(,,, 13111 ! 3101(91 010 p 1 7 1-Aid 1-3 0 10 � 71a (,,, 3 / / 8333000 4� a , 00 J7a 31 / 1S13joj;q o0o I 1 11119 ) 00 1i7 ;1, (j 131/ ,-� 3 1 lJ.Ojpj 000 $ d i SUBMITTED BY Name Phone Number TJU—ress Date COUNTY OF SUIS OBISPO - AUDITOR-CONTROLLOS OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS OECIAL ASSESSMENT TRA _ (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount aw60141W 1/ 1&10 10 101 , 0D a � � bI / -Ao 10 010 3 o p 17 1 A6 30l I (Q / 1013100 101 l7 (o 1310131 / j/ 161aJo jo I 0 0 00 l 17 1a Vol 1310131 / Ml l 10 1010 / , o0 I7a � 30331 II olo I 00 1 7 a 3033 l o I o h oO 121ON3 / / aoo 10 , o d o h 000 LJ I 000 I 1010 10 SUBMITTED BY Name Phone Number ress Date COUNTY OF SOLUIS OBISPO - AUDITOR-CONTROLLOS OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS &ECIAL ASSESSMENT TRA (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount 7a � 1310101311111;00 10 o 1 1 I-Al$ J7 Rd 0a31 oyo 10101 17a � 3004 / a p 100 101 1 1 1 1211171 . oo J � 13101314L/ 1 Iq 100 I 0 ( , 00 j7k101016-1/ 1 oho 100 , 00 17a 1 L3QJ0J5j / jaj-;ZjO 1010 ad 13in 0 I g o 0 LIL7LRA 3D 1 a (Q1121,31010 10 ;z o0 31010151 / 1 / 1 / 1010 h 17Rid [3101CM 1al r 10100 17a (,a 30 / 6a I a7 10100l 1 -71 7 Cao 1ILIJ ) i7jajd L310 1( -�I I H 010 10 SUBMITTED BY Name Phone Number Address Date COUNTY OF S/&UIS OBISPO - AUDITOR-CONTROLL& OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS OCIAL ASSESSMENT TRA _ (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount 1 � al� a9 0112111,310 10 101 1 1 1 15-1 . 00 . W 111712161 ;Zgo31050 1010 1;zoc 1 " 10 <300 0 I ! as ( � a 1,;11 11;zf;Z121a o to 101 � 7 aJ if I 61qlo I 00 I I I 113 . 10101 17a a9 &1�-2 31 1 1 1 17110 1 , o0 17 a -7 LA0 010 10 aq I ol *121017101 o jo q 1,-7 d o 17111 03 6 171,-) � a9 2 $ 1 I 0 I � 000 J7a � kz I I I /141--210131010 10 I ( I Ill �lgl . oa �' 71 A le c � o00 oa SUBMITTED BY Name Phone Number Address Date • COUNTY OF SUIS OBISPO - AUDITOR-CONTROLA S OFFICE KEY PUNCH - INPUT DOCUMENT FOR SPECIAL TAX CHARGES NEW ASSESSMENTS �ECIAL ASSESSMENT TRA _ (1-4) (5-14) (15-23) Fund Number Parcel Number Tax Amount 17 ER D 15711161110 10 10 U10 7a IRPL01 7 1l 01'R 10 1010 1-7161 . 0 17a 1110 0700 0 1 1 1 1-710 . 00 7d I . 17 1,PJ� -1 1 X30 1 1 1710 , 00 1171 A $ y ! o 0 00 �i I g . ° d l7a ata a ! foo � , dD 17a 1'3 1;)1 q 12 1/ 300 In1 o , oa ag3 1111 103 0 hI 70 oo 171. E L1,313 9a1-5141010 10 7 a o a 7 -; J a2 / 7A / 3000 I I 11171oJ , ,© a W j7 1a121'3l7al 1510100 SUBMITTED BY Name Phone Number Address Date RESOLUTION NO. 81-86 RESOLUTION OF THE ATASCADERO CITY COUNCIL CONFIRMING THE COST OF WEED ABATEMENT WHEREAS, The Government Code of the State of California, Section 39500, et seq. , provides that cities may declare weeds a public nuisance for the purpose of Weed Abatement; and WHEREAS, the Atascadero Fire Department did abate said nuisance within the provisions of the Government Code, Section 39500, et seq. ; and WHEREAS, the cost of the work of abatement as shown on Preliminary Special Tax Listing for 1986-87 Tax Year was submitted in accordance with Government Code Section 39574; and WHEREAS, the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE, BE IT RESOLVED that the report of abatement cost is confirmed as presented; and BE IT FURTHER RESOLVED that the costs of abatement constitutes a special assessment against the described parcels and shall be a lein on the property in accordance with Government Code Section 39577; and BE IT FURTHER RESOLVED that the City is hereby directed to transmit to the proper officials of the County a certified copy of the report for filing. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ADOPTED: ATTEST: BOYD C. SHARITZ, City ClerkMARJORIE R. MACKEY, Mayor APPROV AS TO FORM: APPROVED AS TO CONTENT: 1 Z' BER M. J ity Attorney MICHAtf NELTON, Cit anager MEF�G ,/ AGTIDA QA 1;EM — oS 14 • _M E M_O_R A N_D U M_ TO: City Council THROUGH: Mike Shelton, City manager FROM: I David G. Jorgensen, Administrative Services Director SUBJECT: Adoption of 1986-1987 Revenue Sharing Budget DATE : July 23, 1986 RECOMMENDATION It is our recommendation that the Council adopt the Revenue Sharing Fund Budget in the amount of $222 , 000 for Fiscal Year 1986-1987. DISCUSSION The proposed projects were discussed with Council during budget • work sessions. They are detailed in an attachment with the resolution. They represent two new projects (General Plan Update and Redevelopment Agency Plan) and three carryover projects from the 1935-1986 Budget. • RESOLUTION NUMBER 90-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A REVENUE-SHARING BUDGET FOR THE 1986-87 FISCAL YEAR AND APPROPRIATING FUNDS THEREOF BE IT RESOLVED by the Atascadero City Council as follows: SECTION 1. Pursuant to provisions of the Government Code, a budget is hereby approved, per attachment entitled, Revenue- Sharing Budget, Fiscal Year 1986-87, and as may be amended by City Council for the City of Atascadero for Fiscal Year 1986-87 . SECTION 2. The City Manager may transfer appropriations within and between each of the projects as required to achieve the orderly and efficient functioning of the City and completion of the proposed projects. SECTION 3. The Council, from time to time, by motion, may approve additional appropriations as they deem necessary. On motion by Councilmember and seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following vote : AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA MARJORIE R. MACKEY, Mayor ATTEST: BOYD C. SHARITZ , City Clerk 1 0 0 (Resolution No. 90-86 , cont'd) APPROVED AS TO FORM: ROBERT M. JONES, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager 2 7-A M EMO RAN D U M • TO: City Council THROUGH: Mike Shelton, City Manager FROM: David G. Jorgensen, Administrative Services Director SUBJECT: Adoption of 1986-1987 Fiscal Budget DATE: July 23, 3.986 RECOM IENDATION It is our recommendation that the Council adopt the City Budget as amended by the Council for Fiscal Year 1986-1987. DISCUSSION The proposed 1986-1987 Fiscal Year Budget presented to the Council on July 14, 1986 .suggested fund appropriations as follows : General Fund $ 4, 915,469 Gas Tax Fund 355 , 759 • Revenue Sharing Fund 222,000 Local Transportation Fund 418,478 Capital Improvement Fund 3, 173, 221 Sanitation Fund 12094, 990 Total $10 ,179, 917 (The Sanitation Fund and the Revenue Sharing Fund are covered under separate memos and resolutions. ) During the three days of budget meetings there were no amendments made by the Council to the Gas Tax Fund, Local Transportation Fund or Capital Improvement Fund. The Council has tentatively suggested amendments to the General Fund in two areas : 1. funding of additional employees, and 2. funding of outside organizations. ADDITIONAL EMPLOYEES In the proposed budget five new positions were requested for funding, three Fire Fighters and two Maintenance Worker I's. The total amount budgeted for these positions was $125, 905. During the budget work sessions, the Council has tentatively determined the need for three additional positions: Engineering . Technician II, Police Officer and Support Services Aide. GENERAL FUND 1986-1987 DEPARTMENT City Council $ 29 , 804 City Clerk 33, 191 City Treasurer 1, 975 City Manager 104,261 Administrative Services 564, 168 City Attorney 42, 945 Community Development 509, 929 Police 1, 292, 039 Fire 688, 107 Recreation 242, 048 Parks 187, 795 Zoo 144,411 Engineering 146, 142 Streets 373, 519 Building Maintenance 150,540 Non-Departmental -�2��-5-2fs Sub Total $4, ) Contribution to Capital Project Fund 327,500 � 30 TOTAL $4,96$;-98 LOCAL TRANSPORTATION FUND 1986-1987 EXPENDITURES Dial-a-Ride Contract $ 161,000 Dial-a-Ride Maintenance 40, 060 Personnel Costs 5, 080 Handicap System 24, 110 North Coastal Transit 6,000 Misc. 2, 360 Depreciation 403- 000 Street Resurfacing 139, 864 TOTAL $ 418,474 � �I CAPITAL PROJECT FUND 1986-1987 EXPENDITURES Streets Projects $ 66,000 Drainage Projects 134,450 Bridge Projects 859, 750 Traffic Control Projects 293,400 General Projects 220,021 Fire Projects 108, 000 Police Projects 535, 000 Park Projects 3711.600 Buildings & Grounds Projects 485 ,000 Revenue Sharing 100, 000 TOTAL $3, 173,221 0 RESOLTION NUMBER 91-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A BUDGET FOR THE 1986-87 FISCAL YEAR AND APPROPRIATING FUNDS THEREOF BE IT RESOLVED by the Atascadero City Council as follows: SECTION l: Pursuant to provisions of the Government Code, a budget is hereby approved, per attachment entitled Budget, Fiscal Year 1986-87, and as may be amended by City Council for the City of Atascadero for Fiscal Year 1986-87. SECTION 2: The City Manager may transfer appropriations within, but not between, each of the departmental activities, as required to achieve the orderly and efficient functioning of the City. SECTION 3 : The Council, from time to time, by motion, may approve additional appropriations, as they deem necessary. On motion by Councilperson and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA MARJORIE MACKEY, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: ROBERT M. JONES, Interim City Attorney M E M O R A N D U M • TO: City Council July 28, 1986 VIA: Michael Shelton, City Manager Uel FROM: Henry Engen, Community Development Director JVL SUBJECT: Proposed New Business License Ordinance BACKGROUND: When the City was incorporated, it adopted many County ordinances in- cluding their Title 6 , Business Licenses and Regulations Ordinance. As part of the revisions to the business license fees (Resolution 108-85) , the Council recognized the need to comprehensively rewrite the business license ordinance for compatibility with the ordinances and administrative structure of the City. This has been done by the City Attorney in consultation with the Community Development Depart- ment, Police Department, and Finance Department. • ANALYSIS: In addition to changing terms to relate to appropriate City of Atasc- dero processes, the accompanying draft business license ordinance includes the following changes: Section 3-5.01.07, Issuing Agencies - Clarifies the fact that new li- censes are generally processed and issued by the Community Development Department with renewals processed by the Finance Department. Section 3-5. 02.03 , Business - This definition is expanded to specifi- cally include professions. Section 3-5.02. 20, Additional Definitions - Cross references the business license ordinance with the zoning ordinance (Title 9) . Section 3-5.03.02, Exemptions - This section is expanded to exempt businesses in operation for purposes of charity, religion, or educa- tional societies which are exempt under State law. Old Section 3-5.04. 04, Schedule of Fees - is deleted from the ordi- nance with reference made to being set by resolution of the City Council. • ORDINANCE NO. 138 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 5 OF TITLE 3 OF THE ATASCADERO MUNICIPAL CODE AND REPEALING CHAPTER 21 OF THE SAN LUIS OBISPO COUNTY CODE AND DELETING IT FROM TABLE 4 OF THE ATASCADERO MUNICIPAL CODE, AND DELETING THE PRE-EXISTING LANGUAGE IN SECTION 3-5.01 AND 3-5.02 OF THE ATASCADERO MUNICIPAL CODE (BUSINESS LICENSE ORDINANCE) The Council of the City of Atascadero does ordain as follows: Section 1. Chapter 5 of Title 3 of the Atascadero Municipal Code is amended to delete the existing Chapter 5, Title 3, and replac- ing it to read as indicated in the attached Exhibit A, which is hereby made a part of this ordinance by reference. Section 2. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not effect the validity of remaining portions of this chapter . Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in 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. Section 4. Effective Date. This Ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on , 1986 . The foregoing ordinance was introduced on July 28 , 1986 and adop- ted at a regular meeting of the City Council held on 1986. On motion by Councilmember , and seconded by Coun- cilmember the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATSACADERO CALIFORNIA. By: MARJORIE MACKEY, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPRO jDS O CONTENT: MICH L SHELTON, City Manager APPROVED AS TO FORM: ROBERT M. JONES, City Attorney PREPARED BY: HENRY ENGIN, Cofi�nity Development Director • EXHIBIT "A" BUSINESS LICENSE ORDINANCE Chapter 3-5 . 01 GENERAL PROVISIONS Sections : 3-5 . 01 . 01 - Deputies 3-5 . 01 . 02 - Misdemeanor to engage in designated activity without a license 3-5 . 01 . 03 - Separate activities 3-5. 01 . 04 = Activity confined to location specified 3-5 . 01 . 05 - Fictitious names 3-5 . 01 . 06 - False Statements 3-5 . 01 . 07 - Issuing Agencies 3-5 . 01 . 08 - Violation - Penalty 3-5 . 01 . 09 - True names on reports 3-5 . 01 . 10 - Zoning clearance 3-5 . 01 . 11 - Purpose 3-5 . 01 . 01 - Deputies : Whenever, by the provisions of this title , a power is granted-to a public officer or a duty imposed upon such officer, the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided. 3-5 . 01 . 02 - Misdemeanor to engage in designated activity without a license: Every person who engages in, conducts , manages , or carries on any business , exhibition, occupation, or other activity for which a license is required by this title without First having procured a license to do so and having paid the fee , if any, for such license , as provided for in this title is guilty of a misdemeanor. Each day that such activity continues without a license shall constitute a separate offense. 3-5 . 01 . 03 - Separate activities : A separate license shall be re- quire or eac c assi icati.on o usiness as defined by Resolution of this City, when engaged in, conducted, managed, or carried on by a per- son at the same time that another classification of business is so engaged in or carried on by that person at the same location. 3-5 . 01 . 04 - Activity confined to location specified: When a license specifies' the location of the activity licensed, the licensee may conduct such activity only at the location specified in the license . 3-5 . 01 . 05 - Fictitious names : A license may be issued pursuant to this tit e to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who -1- has complied with all of therovi f p sions o� Section 17900 et seq, of the Business, and Professions Code. Otherwise, all such licenses shall be issued in the true name of the individual or individuals applying therefore. Except as provided above, no business so licensed may operate under any false or fictitious name. A license issued to a corporation shall designate such corporation by the exact name which appears in the Articles of Incorporation of such corporation. 3-5 . 01 . 06 - False statements : Every person who makes any false statement in the app kation or a permit or license under this title, or in any report required by this title, shall be guilty of a mis- demeanor, in addition to which the business license shall be immedi- ately suspended. 3-5 . 01 .07 - Issuing Agencies : All new business licenses shall be processed -and processed-andissued un ess otherwise indicated in this title , by the Community Development Department of the City of Atascadero, and all references in this title to the City Licensing Authority or Is- suing Agency shall be to it. Annual business license renewals shall be processed by the Finance Department. 3-5 . 01 . 08 - Violation - Penalty: Any person violating any of the* . Previsions of this title or of an regulation imposed pursuant Y g P p thereto shall be guilty of a misdemeanor punishable by such fine or imprison- ment imposed by the California Penal Code and the Atascadero municipal Code. Each person is guilty of a separate offense for every day during any portion of which a violation of any of the provisions of this title or of any regulation is committed, continued or permitted by such person, and it shall be punishable therefore as provided by this title 3-5 . 01 . 09 - True names on reports : Every person making out any report or record required by t .e terms of this title or any copy thereof shall sign his true name and give the true name and correct address of the licensee. 3-5 . 01 . 10- Zoning clearance: The usiness at a specific Agency shall not issue any license to carry on any location in this City where such business is inconsistent with the Zoning Ordinance of this City. The Issuing Agency shall review all applications to verify compliance with this title as well as the provisions of title Nine of this code. 3-5 . 01 . 11 - Purpose: The provisions of this title shall be the minimum requirements for the protection of the public convenience , safety, health and general welfare . 2- Chapter 3-5. 02 q�41c g0-11oAf) DEFINITIONS -- _-- Sections : 3-5 . 02. 01 - Definitions generally 3-5 . 02. 02 - Activity 3-5. 02. 03 - Business 3-5. 02. 04 - Business License Administrator 3-5 . 02. 05 - Convasser or Solicitor 3-5 . 02. 06 - City 3-5. 02. 07 - Council 3-5 . 02. 08 - Distributor 3-5 . 02. 09 - Fixed Place of Business 3-5 . 02. 10 - Health Officer 3-5. 02.11 - Location Owner 3-5 . 02. 12 - Mechanical or Electronic Amusement Devices 3-5 . 02. 13 - Mobile Vending Unit 3-5. 02. 14 - Operator 3-5 . 02 . 15- Person or Party 3-5. 02. 16 - Public Arcade Room 3-5 . 02.17 Itinerant Merchants and Itinerant Vendors 3-5. 02. 18 - Vending Machines 3-5 . 02 .19 - Zoning Ordinance 3-5. 02.20 - Additional Definitions. - 3-5. 02. 01 - Definitions aenerally. As used in this title the words and terms in this chapter shii have the meanings ascribed to them, unless from the context a different meaning is clearly apparent. 3-5 . 02. 02 - Activity. "Activity" includes a business , exhibition, or occupation and also every other activity for which this title requires a license, whether such activity is a business or occupation or neither. 3-5 . 02 . 03 - Business. "Business" shall mean and include professions , trades , vocations , enterprises , establishments , and occupations , and all and every kind of calling, and any of which is conducted to carry out for the purpose of earning in whole, or in part , a profit or livelihood, whether or not a profit or livelihood is actually earned thereby, whether paid in money, goods , labor , or otherwise, and whether or not the business has a fixed place of business in the City. 3-5 . 02 . 04 - Business License Administrator. "Business License Administrator' means the manager of the City of Atascadero . 3-5 . 02. 05 - Canvasser or Solicitor. "Canvasser or solicitor" means any person, whether a restdent of -the ity or not , traveling either by foot , wagon, automobile , motor truck, or any other type of convevance from place to place, from house to house, or from street to street , taking or attempting to take orders for the sale of goods , wares , and merchancise personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future , whether or not such individual has , carries , or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or -3- 0 0 not; provided that the definition includes any person who for himself or for another person, firm or corporation hires , leases , uses or occupies any building , structure, tent , railroad boxcar, boat , hotel room, lodging house, apartment, shop , or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery. A canvasser or solicitor, as defined by this section, shall also include any individual traveling, as aforesaid, from place to place, or from house to house for the purpose of rendering services or selling goods at private residences . A canvasser or solicitor includes any individual who initiates contact in any manner to attend, for the purpose of presenting his merchandise, product , or services in the home. For license fees for canvasser or solicitors , see appropriate section. 3-5 . 02 . 06 - City. "City" for the purposes of this title shall mean the City of Atascadero. 3-5 . 02 . 07— Council. "Council" means the City Council of the City of Atascadero. 3-5 . 02 . 08 - Distributor. "Distributor" means a wholesaler or jobber of goods , wares , mere an ise, or food products . 3-5 . 02. 09 - Fixed Place of Business . "Fixed place of business" means a place of business separate and disEinct from any other business regularly kept open by the owner thereof or by his agents or employees at a fixed location. 3-5 . 02. 10 - Health Officer. "Health Officer" means the health officer of the County or his duly aut orized representative. 3-5 . 02 . 11 - Location Owner. "Location owner" means every person not engaged in the business of selTing, renting, or placing on consignment , or on commission basis , mechanical amusement devices , but who owns , uses , and operates not more than two such mechanical amusement devices . For license fees , see appropriate section. 3-5 . 02. 12 - Mechanical or Electronic Amusement Device. "Mechanical or electronic amusementdevice" means any table, oar , mac ine, device, or apparatus fitted for use by the public, the operation of which is permitted, controlled, allowed or made possible by the deposit or insertion of any coin, plate, disc, slug, or key into any slot , crevice, or opening or by the payment of any fee or fees , and which operates or which may be operated for use as a game, contest , or amusement , but which table , board, machine , device, or apparatus does not contain a pay-off device, and which does not return or vend any article or merchandise or any money, coin, check or token. "Mechanical or electronic amusement device" shall not include phonographs or music machines . - 3-5 . 02 . 13 - Mobile Vending Unit. "Mobile vending unit" means any vehicle which operates from site to site with primary emphasis on transit while dispending a product or rendering a service on stop-on-demand basis only and whose use is incidental to the land use and underlying zone . The vending unit shall be dispatched from a site which is in conformance with the City's Zoning Ordinance. -4- 0 0 3-5 . 02. 14 - Operator. "Operator" means any person engaged in the business of selling, renting, or placing on consignment, or on commission basis , mechanical or electronic amusement devices in various locations within the City, and every person who owns , uses , and operates more than two mechanical or electronic amusement devices . 3-5 . -02.15 - Person or Party. "Person" or "party" means and includes persons as defined in Title 9 ot this Code. 3-5 . -02. 16 - Public Arcade Room. "Public arcade room" means and includes arcades as defined in Title 9 of this Code. 3-5 . 02 . 17 - Itinerant Merchants , and Itinerant Vendors . "Itinerant merchants , an "Itinerant vendors" means any person whether as owner, agent , cosignee, or employee , whether a resident of the City or not , who engages in a business of selling and delivering goods , wares , and merchandise within the City; who, in furtherance of such purposes , hires , leases , uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat , public room in motels , lodginghouses , apartments , shops , or any street , alley, or other place within the City for the exhibition and sale of such goods , wares , and merchandise. 3-5 . 02 . 18 - Vending Machine. "Vending machine" means a mechanical or electronic apparatus so operated as to sell or deliver merchandise only the equivalent in marketing value to the face value of the coin or coins deposited. 3-5 . 02 . 19 - Zoning Ordinance. "Zoning Ordinance" means Title 9 of this Code. , 9 3-5 . 02 . 20 - Additional Definitions . Further references to words or phrases or definitions as used in this title shall be made to Title 9 of this Code. Chapter 3-5 . 03 LICENSING PROCEDURES Sections : 3-5 . 03 . 01 - Form of Application 3-5 . 03 . 02 - Exemptions 3-5 . 03 . 03 - Exemptions from Payment of License Fee 3-5 . 03 . 04 - Issuance Period 3-5 . 03 . 05- Posting or Display 3-5 . 03 . 06 - Producing on Demand 3-5 . 03 . 07 - Denial of License or Granting Subject to Restrictions 3-5 . 03 . 08 - Grounds for Denial of License 3-5 . 03 . 09 - Renewal of License 3-5 . 03. 10 - Revocation of License 3-5 . 03 . 11 - Appeal 3-5 . 03. 12 - Keeping Insurance , Undertaking , etc. in Force and Effect 3-5 . 03 . 13 - Duplicate Licenses 3-5 . 03 . 14 - Transfer of License 3-5 . 03 . 15 - Prerequisite to Issuance of Certain Licenses 3-5 . 03 . 16 - Approval by Agency -5- ! 0 3-5 . 03 . 01 - Form of Application. Every application for a license required by this title shall be signed by the applicant and shall contain the following: (1) The name and mailing address of the applicant . If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. If the applicant is a partnership, the name and address of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this section as to a corporate applicant apply. The names of all other persons having an interest in the enterprise; (2) If the applicant is a corporation, the name and mailing address of an officer who is duly authorized to accept the service of legal process ; (3) The applicant ' s social security number if an individual or partnership , or the corporate number of the applicant is a corporation; (4) The driver' s license number if the applicant is an individual; (5) The telephone number of the applicant; (6) The name under which the applicant will be doing business ; (7) The nature of the business ; (8) The exact location of the business or the route or territory to be covered if no fixed place of business exists ; (9) The residence of the applicant , or if a corporation, the principal place of business ; (10) The name and address of the owner of the premises; (11) The name and address of the lessee of the premises ; (12) The term for which such license is applied; (13) The amount of the license fee. 3-5 . 03 . 02 - Exemptions . No license shall be required hereunder by the following- (1) ol owing:(1) Any juvenile operating a delivery route for newspapers or any juvenile under the age of eighteen (18) years who has a valid work permit issued by authorized school authorities ; (2) Persons engaged in a business for the sole use and benefit of charities , religious or educational societies which are exempt from taxation under the constitution and laws of the State; (3) Such activities as are preempted under State statutes . 3-5 . 03 . 03 - Exemption from Payment of License Fees . No license fee shall be payable hereunder by the following: (1) Persons categorically exempt from license charges under Section 16000 et seq. of the Business and Professions Code of the State of California; (2) All public utilities as defined by Section 216 of the Public Utilities Code of the State of California possessing an active (unexpired) franchise with the City of Atascadero; (3) Passenger stage corporations as defined in Section 226 of the Public Utilities Code of the State of California; (4) Such other and further activities as shall be specifically exempted by resolution of the City Council of the City of Atascadero . -6- 0 0 3-5 . 03 . 04 - Issuance Period. Unless otherwise specifically provided, all license periods are as o lows : A. The period of all semiannual licenses shall begin on the first days of January and July. No license shall be granted or issued for a period longer than one (1) year from the date of issuance. Other fractional periods will be considered on an individual basis at the convenience of the City. Any annual license shall date from the beginning of the semi-annual period in which the same was issued. B. Exceptions to this general rule are as follows : 1 . Health-related businesses for which a Health permit is required shall be issued on a calendar year basis. 2. Licenses for solicitors and canvassers shall expire on the thirty-first day of December in the year when issued. 3-5 . 03 . 05 - Posting or Dis la-x. Every person, firm, association, or corporation having a license under the provisions of this title and carrying on a business , exhibition, or occupation or activity at a fixed place of business shall keep such license posted and exhibited, while in force, in some conspicuous part of the place of business . Every person having such a license and not having a fixed place of business shall carry an identification card or badge issued by the Issuing Agency on him at all times while carrying on the business , exhibition, occupation, activity for which the same was granted. Whenever a license sticker is required, such sticker shall be affixed to the vehicle, device, machine , etc. , so as to be clearly visable. 3-5 . 03 . 06- Producing on Demand. Every person, firm, association, or corporation having a license un er the provisions of this title shall produce and exhibit the same whenever requested to do so by any peace officer or officer authorized to issue and inspect licenses or collect the fees therefore. In addition, all solicitors and canvassers including their agents or employees are required to exhibit their licenses or permits , as the case may be , at the request of any person. 3-5 . 03 . 07 - Denial of License or Granting Subject to Restrictions . Before the denial of any license, either new or renewal , or granting any license subject to restrictions or conditions , unless a hearing already has been held, the applicant shall be notified in writing of the intent to deny the license or to grant the license subject to restrictions or conditions , which restrictions or conditions shall be specified in the notice, and the applicant may request a hearing before the City Council within FIFTEEN (15) days after receipt of such notice. 3-5 . 03. 08 - Grounds for Denial of License. A license may be denied if the applicant has knowingly made a false statement of a material matter either in his application or in his testimony before the City Council or other body hearing such testimony concerning the application for or denial of a license. In addition, a license shall be denied if it does not meet the minimum requirements set forth in Title 9 of this Code. 3-5 . 03 . 09 - Renewal of License. Except as otherwise provided in this Chapter , every licensee who has obtained a license pursuant to the provisions of this title may obtain from the Issuing Agency a renewal of such license. The Council , Business License Administrator, Health Depar ment, Police Department , or the Community Development Department may filo -7- 0 a written notice of the denial of renewal of such license. If a Health Department permit is required for the enterprise, said permit must be completed and submitted prior to or at the time of license renewal. Renewal of a license for a solicitor shall not be issued until the Police Department approves said renewal. 3-5 . 03 . 10 - Revocation of License. A. All licenses issued under this title shall be issued to and accepted by all parties receiving the same with the expressed understanding that the City Council of the City of Atascadero may revoke the same at any time if satisfied that any of the restrictions of said license or the terms and conditions thereof have been violated, or that such license was obtained by intentional misrepresentations , or that the holder of such license has used the license in the commission of a criminal act or a violation of this title; provided, however, that no license shall be revoked without first having given the licensee an opportunity to appear before and be heard by the City Council on his own behalf. Pending such hearing and decision, the Council or the Business License Administrator may suspend such license for not more than SIXTY (60) days based upon written complaint submitted to the Business License Administrator by the Council or any member thereof. B. Written notice of such hearing shall be given by the Council to such party at least FIFTEEN (15) days prior to the date of such hearing. The time and place of such hearing shall be fixed by Council order and specified in such citation. C. The Council shall hold a hearing as provided as follows : 1 . The City Council shall hear sworn testimony and shall consider other evidence concerning the conditions constituting cause to revoke the business license. 2 . Respondents to revocation actions may be present at such hearing, may be represented by Counsel , may present testimony, and may cross-examine witnesses . 3 . The hearinU need not be conducted according. to technical rules relating to evidence and witnesses and may be continued from time to time. 4 . The City Council shall deliverate upon the evidence and make findings upon such evidence to support any action of the Council to revoke the business license or conditioned approval on such conditions as the City Council shall decide. Thereafter, the City Council shall issue its order to the Respondent. 5 . A copy of the order shall be served personally or by mail , postage pre-paid, certified, return receipt requested, to the licensee as set forth in the application for business license. D. Upon the revocation of a license as provided in this section, no part of the license fee paid therefore shall be returned; but such license fee shall be forfeited to the City. - E. Whenever a license is revoked, the licensee shall return to the Issuing Agency any license , license stickers , or similar evidence of a license which has been revoked. F. No other or further license shall be issued to the person(s ) or party(ies) whose license has been so revoked within SIX (6) months from the date of such revocation. -8- 3-5 . 03 . 11 A2peal. Any person aggrieved by the action of the Business License Administrator in the denial of a permit or license , either new or renewal , shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Clerk of the City, within FIFTEEN (15) days after notice of denial of a permit or license , a written statement setting forth fully the grounds for the appeal . The Clerk of the City shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in this title for notice of hearin-g on revocation. The decision and order of the City Council on such appeal shall be final and conclusive. The hearing shall be held pursuant to Section 3-5 . 03. 10 . 3-5 . 03 . 12 - Kee ing Insurance, Undertaking , etc. , in Force and Effect. enever this title requires the app scant tor any icense to procure, post , or maintain in effect any bond, undertaking , deposit, surety, or policy of insurance, any license so issued is valid only when such bond, undertaking, deposit, surety, or policy of insurance is in full force and effect . Such license shall be automatically suspended without notice if at any time such bond, undertaking, deposit , surety, or policy of insurance is not in full force and effect. If a new bond, undertaking, deposit , surety, or policy of insurance acceptable to the Council is filed before cancellation or expiration of the old policy, etc. , becomes effective, then the license will continue in force. 3-5 . 03 . 13 - Duplicate Licenses . A duplicate license may be issued by the Issuing Agency to replace any license previously issued under this title which has been lost or destroyed, upon the licensee filing an affidavit with the Issuing Agency attesting to such fact and paying the sum requested for the cost thereof. 3-5. 03. 14 - Transfer of License. A. The licensee, upon payment of a fee, may transfer his license to do business to another t r sito upon application to the Issuing Agency if theand c itions of the license are in conformance with allPn rovisio s of the Atascadero Municipal Code. B. No license issued pursuant to this title may be transferred from one person to another person. C. If a license is issued to a partnership and the partnership is changed by the addition or deletion of partners , the license may be transferred to the new partnership if the new partnership makes application for such transfer in the same manner as for the new license and pays to the Issuing Agency the required transfer fee. 3-5 . 03 . 15 - Prerequisite to Issuance of Certain Licenses . A. The application for a business license shall be forwarded to the Atascadero Police Department for review and recommendations in certain instances prior to the issuance of the business license . For those specific types of businesses set forth in this section, the time provisio specified in Section 3-5 . 03 . 16 shall commence when the application is returned from the Police Department to the Issuing Agency. -9- (1) Carnival, circus , menagerie or any exhibit or display for which payment of an admission fee or donation is expected or required for entry or for viewing. (2) Pawn Brokers , trading centers , bartering agents , or any money lending not requiring a state or federal charter or certificate. (3) Mobile ice cream, soft drink or food vendors . (4) Junk or salvage dealer , automobile or vehicle dismantlers , reclamation centers , vehicle or personal property repossessors or storage center operators , tow-truck or vehicle wrecker owners or operators . (5) Amusement centers , arcade or playl_and, billiard room or pool hall. (6) Private patrol service , security guards , and private in- vestigators . (7) Fire, burglar, intrusion or other alarm service . (8) Locksmiths . (9) Photographers , modeling agencies . (10) Card rooms or bingo halls . (11) Massage parlor, massagers , masseur or masseuse. (12) Hazardous waste transporters or disposal agents . (13) Canvassers or solicitors . (14) Sale of firearms . (15) Adult Bookstores/Movie Theaters . (16) Headshop. (17) Fortune Telling. (18) Taxicabs . B. The application to carry on any business in the City shall be submitted to the Issuing Agency for its approval before a license may be issued. No license shall be issued to carry on any business if such would be in violation of this Code . C. Every person, firm, association, or corporation engaged in the business of conducting any establishment handling food or food products must have a permit from the Health Department of the County of San Luis Obispo. The license application must be approved by the Health Depart- ment before the license may be processed and issued by the City of Atascadero. D. Those businesses described and set forth in the business classifications of paragraph A of this Section requiring police review as a prerequisite for the issuance of a business license shall waive the time limit specified in Sections A and B of Section 3-5 . 03 . 16 until the application has been returned to the Issuing Agency by the Police Department. E . Every person or firm, or corporation, or entity engaged in the business of conducting any type of waste disposal or collection shall have a permit for such activity from the Health Department prior to - making application to the City of Atascadero for a business license . F. An application for a license to operate a card game or card table must be reviewed by the Atascadero Police Chief. The application, together with the findings and recommendations of the Police Chief shall then be presented to the City Council for review and approval . No such license as is referred to in this Section shall be issued except upon the order of the City Council. The Council may limit the number of such licenses issued which in its judgement shall_ be for the best interest of the public peace , safety and welfare. -10- i • 3-5. 03 . 16 - Approval b Agency. A. Approval of the business license shall be made within FIFTE (15) business days of the date of submission to the Issuing Agency ex t for those categories of business as set out in Section 3-5 . 01 . 15 . If specific approval is not granted, approval by said agency is deemed im- plied, and the applicant may obtain issuance for said license from the Business License Administrator. B. An extension of time within which to approve the application, not to exceed THIRTY (30) calendar days , may be granted by the Business License Administrator to the Issuing Agency. Chapter 3-5 . 04 LICENSE FEES Sections : 3-5 .04 . 01 - Rates Fixed and Established 3-5 . 04. 02 - Payable in Advance 3-5 . 04 . 03 - Penalties for Late Payment 3-5 . 04 . 04 Changes in Rates 3-5 . 04 . 01 - Rates Fixed and Established. The license fees for the business , exhibitions , occupations , an activities referred to and named in this title shall be fixed and established from time to time by Resolu- tion of the City Council of Atascadero. 3-5 . 04 . 02 - Payable in Advance . All license feesP rovided for in this title shall e due an a a e in advance at the office of the Cit P Y Y Finance Department for renewals and the office of the Issuing Agency for new licenses . 3-5 . 04 . 03 - Penalties for Late Payment. All license fees as required by this title are due and payable upon the first business day after the date of expiration. Any licensee is permitted a THIRTY (30) day grace period thereafter to submit said payment. Subsequent to the grace period, a penalty of FIFTY PERCENT (500/6') of the license fee shall be added for renewal. If the entire license fee , with the addition of penalties , is not submitted within SIXTY (60) days after the expiration of the grace period, the Business License Administrator shall autormaticallt suspend the license. If the licensee desires to continue business , he must complete a new business license application subject to the review of the appropriate City Departments and pay the license fee and penalty. 3-5 . 04 . 04 - Chan es in Rates . The rates of license fees established in this title an pursuant to resolution may be changed from time to time by the City Council . Chapter 3-5 . 05 ACTIONS TO COLLECT FEES Sections : 3-5. 05 .01 - Civil Action Designated -11- • 0 3-5 . 05 . 01 - Civil Action Designated. If any person, firm, association, or corporation commences , conducts , or carries on any business , exhibition, occupation, or activity mentioned in this title without first paying a license fee and obtaining the license as pro- vided for in this title for conducting or carrying on the business , exhibition, occupation or activity , an action may be commenced and prosecuted by the City against such person, firm, association, or corporation for the collection of the license fee , in addition to such other remedy that the City may have against any such person, firm, association, or corporation. Chapter 3-5 . 06 TRANSIENT MERCHANTS - SOLICITORS AND CANVASSERS Sections : 3-5 . 06 . 01 - Permit and License Required 3-5 . 06 . 02 - Application 3-5 . 06 . 03 - Fee Payment 3-5 . 06 . 04 - Prima Facie Evidence of Permanent Residence or Place of Business 3-5 . 06 . 05 - Investigation 3-5 . 06 . 06 - Disapproval of Application 3-5 . 06 .07 - Application Approval 3-5 . 06 . 08 - Bond 3-5. 06. 09 - Badges 3-5 . 06. 10 - Expiration of License 3-5 . 06 . 01 - Permit and License Required. It is unlawful for any transient merchant , itinerant merchant , itinerant vendor, solicitor or canvasser as defined in this title to engage in such business within the City without first obtaining a permit and license therefore in compliance with the provisions of this title. It is unlawful for any agent or employee of a solicitor or canvasser to engage in such business within the City without first obtaining a badge therefore in compliance with the provisions of this title. 3-5 . 06 . 02 - Application. Applicants for a license under this Chapter must file with the Business License Administrator a sworn application in writing (and duplicate) on a form to be furnished by the Business License Adminstrator, which application shall give the following information: A. Name and description of the applicant; B. Permanent home address and full local address of the applicant ; C. A brief description of the nature of the business and the goods to be sold; D. If employed, the name and address of the employer, together with credentials establishing the exact relationship; E. The length of time for which the right to do business is desired; F. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where -12- • 0 such goods or products are located at the time said application is fi and the proposed method of delivery; G. Three photographs of the applicant , procured by the applicant at his own expense and taken within SIXTY (60) days immediately prior to the date of filing of the application, which pictures shall show the head and shoulders of the applicant in a clear and distinguishing manner; H. The fingerprints of the applicant and the names of at least two (2) reliable property owners of the City who will certify as to the applicant' s good character and business respectability or, in lieu of the names of references , such other available evidence as to the good char- acter and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility. I. A statement as to whether or not the applicant has been con- victed of any crime, misdemeanor, or a violation of any ordinance of the City of Atascadero, the nature of the offense and the punishment or penalty assessed therefore; J. The description and license number of any motor vehicle to be used by the applicant. 3-5 . 06 . 03 - Fee Payment. At the time of filing the application, the individuaE–shaii pay such fees for the cost of investigation and licensing as shall be established from time to time by resolution of the Council of the City of Atascadero. 3-5 . 06 . 04 —Prima Facie Evidence of Permanent Residence or Place or Business . For the purpose of this Chapter, t e maintenance by any person, firm, organization, or corporation of a home or fixed place o f* business within the boudaries of the City for a period in excess of NINETY (90) days shall be prima facie evidence of a permanent residence or fixed permanent place of business in the City. 3-5 . 06 .05 - Investigation. The City Police shall have the right to conduct such investigations as may be necessary into the applicant ' s business and moral character and previous criminal record, if necessary , and the applicant expressly waives the time limit set forth in Section 3-5 . 03 . 16 for this investigation. 3-5. 06 . 06 Disapproval of Application. A. If, as a result of the investigation, the applicant' s character or business responsibility is found to be unsatisfactory, the police shall endorse on the application their disapproval and reasons for the same , and return the duplicate application to the Business License Adminstrator, who shall notify the applicant that his application is disapproved. B. Any person whose application has been disapproved shall have the right to appeal to the City Council as provided in this title. 3-5. 06 . 07 - Application Approval. If , as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Police shall so endorse the application for the carrying on of the business applied for and return the application to the Business License Adminstrator , who shall issue to the applicant his badge , permit or license. The license shall contain -13- • the signature and seal of the issuing officer and shall show the name, address , and photograph of the applicant , the class of license or permit issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying descriptions of any vehicle used in such soliciting or canvassing. 3-5 . 06 . 08 —Bond. Every applicant for a business license , not a resident of t e City, for a period of NINETY (90) days or who being a resident of the City, represents a firm, organization, or corporation which does not maintain a principal place of business located in the City shall file with the Business License Administrator a surety bond, running to the City in the amount of ONE THOUSAND DOLLARS ($1 ,000 .00) with surety acceptable to and approved by the City Attorney, conditioned that the applicant, his agents and employees , shall comply fully with all of the provisions of the ordinances of the City and the statutes guaranteeing to any citizen of the City that all money paid as down of the solicitor, his agents and employees , and further guaranteeing to any citizen of the City doing business with the solicitor , his agents and employees , that the property purchased will be delivered according to the representations of the solicitor , his agents and employees . Action on the bond may be brought in the name of the City to the use or benefit of the aggrieved person. Where a person has more than one (1) covering all solicitors in the sum herein specified. 3-5 . 06 . 09 - Bad es . The Business License Administrator shall issue to each licensed solicitor and his agents or employees a badge which shall contain the words "licensed solicitor" , name, the period for which the license is issued, and the number of the license . The badge shall , during the time the licensee or his agents or employees are engaged in canvassing or soliciting, be worn constantly by the licensee or his agents or employees on the front of their outer garment in such a way as to be conspicuous . The issuance of any such badge , license or permit shall not constitute any endorsement by the City Council or any of the officers of the City as to the reputation or reliability of the bearer thereof, or the goods , wares , publication or merchandise for which he is soliciting. 3-5 . 06 . 10 - Expiration of License. All licenses , and badges issued under provisions ot this title shall expire on the thirty-first (31st) day of December in the year when issued. A new application shall be filed and application fee paid for each calendar year during which one (1) or more solicitations are made by any person or persons coming within the operation of this title. The business license may be renewed subject to this title and subject to all of the conditions required for the original. application. Upon the expiration of all licenses and badges issued pursuant to the provisions of this title, the licensee shall return such licenses and badges to the Issuing Agency. Chapter 3-5 . 07 SALES YARDS , AUCTION YARDS AND/OR FLEA MARKETS Sections : -14- • 0 3-5. 07. 01 - Business License Required 3-5 . 07 . 01 - Business License Required. A. Every person who conducts a sales yard, auction yard and/or flea market, as defined in Title 9 of this Code, before leasing space to various vendors , must first demand that such vendors produce a City Business License as provided in this title. B. Temporary sales events (conducted no more frequently than one two-day period in every 90 days) shall require only the operator of that event to have a business license . Chapter 3 .5 . 08 PRIVATE PATROL SERVICES Sections : 3-5. 08 . 01 - Definitions 3-5. 08. 02 - Permit Required 3-5 . 08 . 03 - Application - Investigation 3-5 . 08. 04 - Identification 3-5 . 08. 05 - Waiver of Time 3-5.08 . 01 —Definitions . For the purposes of this. title , "private patrol service inc u es any person, firm, association or corporation who agrees to furnish or furnishes , a watchman, guard, patrolman, responder, alarm personnel , investigator, security person, in uniform or otherwise to protect persons or property. 3-5 . 08.02 - Permit Required. It is unlawful for any person to engage in the business ot a private patrol service in the City without first obtaining a permit to do so from the Police Department and ob- taining a business license as provided in this title and paying the necessary fees therefore. 3-5 . 08.03 - Application - Investigation. Application - for a business license to conduct or maintain a private patrol service shall be submitted to the Police Department who shall make such investigation as may be necessary concerning the character of the applicant and any such employees to be employed by the applicant. Following such investigation the Police Department shall grant or deny the spplicant permission to engage in such business . Such permission shall be granted unless it appears from the investigation that the applicant is not a person of good moral character or is not of good character in respect to honesty or integrity or the _ Police Department determines that the granting of the application would not be in the best interest of law enforcement of the City. The applicant shall submit such information as the Police Department may request , indluding name, address , organization of the patrol service , its method of operation, territory or location it proposes to service , names , addresses , personal descriptions , photographs , and fingerprint- or ingerprint or its owners , officers and employees . 3-5 . 08. 04 - Identification. Any license granted by the Issuing -15- �c Agency as provided in this title shall be issued upon the fo11, terms and conditions : A. Every employee engaged by the licensee , or officer of the-.-, licensee, shall be required to provide information and submit to an investigation in the same manner as the licensee. B. Every person engaged in the type of business described in this Section shall at all times wear an identification card approved by the Chief of Police on the front of the outer garment or uniform in such a way as to be conspicuous and plainly visable. This require- ment may be waived by written consent from the Chief of Police , which written consent shall be carried by the licensee at all times . C. The identification card described in this Section must contain the name of the licensee , the name of the holder thereof, and a physical description of the holder. A picture of the holder and an expiration date of not more than one (1) year from the date of issuance must be clearly visable on the front of the card. The word, "Police" may not appear on the card. D. If the holder of the identification card changes his employ- ment, or in the event the license information changes , or the license itself expires or is terminated, both the holder and the licensee shall provide the Chief of Police of Atascadero within five (5) days from such event that such event has occurred and shall forthwith surrender such identification cards to the Chief of Police that have been issued. E. Uniforms used by the licensee and his employees must include a shirt , slate gray in color and shall not include any badges , shoulder patches or flahses which could be confused with those issued by the City of Atascadero as worn by Atascadero Police Department employees . F. No marked vehicles shall be used by the licensee in the course of business unless approved by the Chief of Police of Atascadero, which approval shall be in writing, indicating that said vehicle is of a readily apparent disinction from the vehicles or equipment utilized by authorized public law enforcement agencies . Any such vehicle used by the licensee in the licensee' s business shall be distinctively marked and include the word "Private" written in minimum four (4) inch block letters of a con- trasting color. The word, "private" may, and should, be incorporated with the licensee' s type of business , such as , "Private Patrol" , "Private Security", or "Private Alarm Service" . 3-5 . 08 . 04 —Waiver of Time. The applicant shall waive the time requirements or approva o t e Issuing Agency pursuant to Section 3-5 . 03 . 16 pending the investigation by the Police Department. Chapter 3-5 . 09 . 01 ACCESS TO INFORMATION FOR LICENSING OR PERMIT PURPOSES Sections : 3-5. 09 .01 - Access to Information for Licensing or Permit Purposes 3-5 . 09 . 01 - Access to Information for Licensin or Permit Purposes . Pursuant to Section 11105 of the —P—e—n—a-T—Co—d—e—of the State , the following officers of the City are authorized to have access to and to utilize State Summary Criminal History Information when it is needed to assist them in fulfilling licensing duties as set forth in this Chapter. (a) City Council Members (b) City Manager (c) City Attorney (d) Chief of Police -16- __-mac _z- �a • �� =__- �-_ M E M O R A N D U M TO: Henry Engen Community Development Director FROM: Robert M. Jones City Attorney RE: Appeal of Planning Commission Decision (G.P . 1J-86 & Z.C. 10-86) DATE : July 2 , 1986 I have reviewed the appeal of the Planning Commission' s decision of June 16 , 1986 , (Item B-4) , arising from the City Council' s denial of the General Plan Amendment to J-85 and Zone Change 5-85 on .April .28 , 1986 . The Appellants Agent Stephen A. Devencenzi contends that the City Council addressed only one item in the General Plan and Zone Change and included no action or motion on a separate and indivi- dual General Plan and Zone Change petition; specifically G.P. 1J-86 and Z .C. 10-86. As a result Appellant contends that ,their paid application is still without resolution and is presently be- fore -the City. In reviewing the Minutes of the Meeting and also my recollection, it appears that the City Council' s action on Motion by Councilwoman Mackey and Seconded by Mayor Nelson denied the General Plan to J-85 and Zone Change 5-85 . However, there was some confusion in that a Motion was made by Councilwoman Mackey which was passed to place the item on the following Council Meetings Agenda. In my opinion the effect of this Motion was merely to place it for consideration purposes on the following Council Meeting but any vote on the actual General Plan and Zoning Amendment on the next Council Meeting would not have been legal. The effect of the 2-2 vote denied the Appeal and the Zoning Change.. There is a notation in the Minutes by Mayor Nelson that the Public Hearing regarding Item B-5 was continued to the next Meeting how- ever , Mayor Nelson' s comments were not correct in actual legal affect of the vote. I would refer the Council to the letter of May 22, 1986 , from Henry Engen to the Appellant for guidance pur- poses . I believe that Staff' s position in this matter is correct. Robert `M. Jones City Attorney MEMORANDUM TO: City Council July 28, 1986 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director APE SUBJECT: Appeal of Planning Commission's denial to reject a request for a City-initiated General Plan amendment. LOCATION: 8515 El Dorado APPELLANT: H.D. Peterson (Steven Devencenzi) BACKGROUND: At their meeting held June 16, 1986, the Atascadero Planning Commis- sion denied the appellant's request for a City-initiated General Plan amendment on a 6:1 vote. There was public testimony and discussion • among the Commission as referenced in the attached minutes excerpt. RECOMMENDATION: To uphold the Planning Commission ' s decision to deny the appellant' s request; the overall neighborhood should be reconsidered for alterna- tive densities as part of the General Plan update. HE:ps ATTACHMENTS: Planning Commission Staff Report - June 16, 1986 Planning Commission Minutes Excerpt June 16, 1986 r RE: Appeal by H.D. Peterson (Devencenzi) Council on May 12, 1986. Mr. H.D. Peterson owns property which is located in what was Study Area "B" of the 10, 000 square foot lot General Plan amendment. Mr. Peterson was, in fact, one of the original applicants for the 10,000 square foot lot designation. On May 15, 1986, Mr. Peter- son' s representative requested that the subject property be con- sidered at this time for a redesignation to RSF-X (single family residential/one-half acre minimum lot size) . It was requested that the City initiate this amendment to: (1) reduce the appli- cant' s cost, (2) expedite processing; and (3) retain a General Plan revision cycle for other matters. On May 22, 1986, the Community Development Director rejected Mr. Peterson' s application to be included in the current General Plan revision cycle. An appeal of that decision was submitted on May 29, 1986. Copies of all relevant correspondence and pertinent excerpts from the City Council' s April 28 and May 12, 1986 meetings have been attached for your information. D. RECOMMENDATION: Staff recommends denial of the appeal of the Community Development Director 's decision. SLD:ps ATTACHMENTS: Exhibit A - Letter of Appeal Exhibit B - Letter of Determination Exhibit C - Letter of Application Exhibit D - April 28, 1986 Council Minutes Excerpt Exhibit E - May 12, 1986 Council Minutes Excerpt 2 PACIFIC PLANNING Jdaabaw SERVICES 2960 Hawkhill Lane, San Luis Obispo California 93401 805.544-5359 May 29, 1986 Mr. Henry Engen Community Development Director �������® City of Atasc'adero P.O. Box 747 Atascadero Ca.93423 MAY 29 1986 Subj : Appeal of Departmental Decision COMMUNITY DEYEtOPMENT -Mr. Engen: This letter is a formal appeal of your response and determination on our request for consideration of a General Plan Ammendment covering the Peterson properties( 30-413-05 & 30-413-07) . We believe your decision is in error regarding this issue and request a hearing before your Planning Commision on this subject at the earliest possible date. The response by your department incorrectly implies that the rezoning and General Plan ammendments for this site was denied by your City Council when in fact the Council made no determination and did not _ even consider our application. We believe our right to a hearing on our request,or an ammended version as submitted for this site has not been adequately considered. The directive to your staff to Consider and accomodate some form of ammended application on this property by your City Council at their May 12 , 1986 meeting has been ignored in your response. The decision by your Council at that meeting was to defer a decision on the proposed General Plan Ammendment2J-85 and Zone Change 5-85 to a proposed overall review of the General Plan and Zoning Ordinance. This decision did not state or even imply during the deliberation of the issues that properties within the proposed areas were to be placed under a de facto moratorium regarding any consideration for changer We are filing this application for an appeal of your decision on this issue and the accompanying fees under protest that such action on our part is even necessary given the directive of your City Council at the May 12 , 1986 meeting to accommodate a revised request for this site. Please call if you have any questions or wish to discuss this matter further. er, :5— St en A. Devencenzi j -DG PACIFIC PLANNING SERVICES 2960 Hawkhill Lane, San Luis Obispo California 93401 805.544-5359 June 27 , 1986 Mr. Henery Engen Community Development Director City of Atascadero P.O. Box 747 Atascadero Ca. , 93423 Subj : Appeal of Planning Commission Decision Mr. Engen; This letter is a formal appeal of the Atascadero City Planning Commission denial of our appeal of your departmental decision at their June 16 , 1986 meeting ( Item B-4) . We believe a hearing is necessary before your City Council on this matter. It is our contention that the City Council action of May 12 , 1986 concerning the proposed General Plan Ammendment 2J-85 and Zone Change 5-85 ( 10, 000 sq. ft. min. lot size) did not fully address the status of the prOp2rties and separate applications that were a part of General Plan Ammendment 1J-86 and Zone Change 10-86 . Examination of the record will indicate that the subject action of the City Council addressed only item B-4 of the April 28 , 1986 agenda and did not include any action or motion on item B-5 of that same meeting (G.P. IJ-86 & Z.C. 10-86) . It is on this basis that we argue that our fee-paid application is still without resolution and should continue to have "standing" within the ranks of active applications remaining-17til 'aip,w-, ourz.s�rbtmm. Agenda item B-5 was continued from the April 28 , 1 986 meeting of your City Council and subsequently has recieved no action to our knowledge as it was apparently passed over at the May 12, 1986 consideration of item B-1 . Please schedule our appeal on the next available City Council agenda. Please call if you have any questions on this matter. Sincere y n cen� C-A-k.t llov , ov pd 6P RECEIVED .Thai ADMINISTRATION BUILDING • CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 606 ATASCADERO, CALIFORNIA 93423 ATASCADERO.CALIFORNIA 93423 PHONE: (805) 466-8000 - '- PHONE: (805)466-4422 CITY COUNCIL lk4l�vav aseadet®CITY CLERK POLICE DEPARTMENT CITY TREASURER POST OFFICE BOX 747 CITY MANAGER NCORPORATED JULY 2. 1979 ATASCADERO.CALIFORNIA 93423 - PHONE: (805) 466-8600 ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT --+• PUBLIC WORKS DEPARTMENT - PARKS AND RECREATION DEPARTMENT FIRE DEPARTMENT -- - 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 PHONE: (805) 466-2141 May 22, 1986 Mr. Steve Devencenzi Pacific Planning Services 2960 Hawkhill Lane San Luis Obispo, CA 93401 SUBJECT: GP 1B-86 and ZC 1B-86 (Peterson) Dear Mr. Devencenzi: We have reviewed your letter of May 15, 1986 to include a revision of this general plan amendment application request as part of the April 1st, 1986 General Plan Cycle. Notwithstanding the fact that staff and the Planning Commission had recommended in favor of a 10,000 square foot lot size density for this overall neighborhood, I do not think it would be appropriate to have the City initiate consideration of one- half acre lot sizes for a specific application that did not obtain ap- proval for the density requested. In addition to the precedent it would set with respect to other appli- cants seeking City-initiated (no fee) modified requests, your request is more complicated than your letter suggests. . We would have to con- sider the one half acre density for a logical study area which, in the past, has been the whole neighborhood. This neighborhood has been the subject of considerable debate over appropriate densities for the last two general plan cycles. Rather than urge expeditious treatment of the Peterson lands, it would be my judgement that it would be more appropriate to look at the whole neighborhood as part of the upcoming general plan re-evaluation. This is an approach Council has directed for several other general plan applications which were considered to be "spots" or "islands". My determination not to accept this application at this time is ap- pealable to the Planning Commission. A written notice stating the reason for the appeal is required within 14 days of the decision. The fee for an appeal is $100. Alternatively, you could seek to make your request from the floor at the time when the Planning Commission and/or City Council review this cycle of applications. Both bodies may ini- tiate changes on their own volition. Please call if you have any questions. Sincerely, �42" `�A� Henry Engen Community Development Direct HE:ps cc: Mr. Harold Peterson GP 1B-86 and ZC 1B-86 file 2 PACIFIC PLANNING ago&" SERVICES 2960 Hawkhill Lane, San Luis Obispo California 93401 805.544-5359 May 15, 1986 RECEIVED ,-„'� U M Mr. Henry Engen Atascadero City Planning Department 6500 Palma Atascadero, CA 93422 Dear Henry, As per our conversation yesterday, I am presenting for consid- eration during the current General Plan cycle a revised appli- cation for parcels 30-413-05 and 30-413-07 to be changed from Moderate Density Single Family Residential (RSF-Y) to High Density Single Family Residential (RSF-X) . As you recall , the City Council in its deliberations on the issue of allowing 10, 000 square foot minimum lots indicated that , given the failure to move forward at this time, applicants whose proposed pro- jects were within the subject area may be given special consid- eration in pursuing a revised application by way of an additional General Plan cycle. We propose to be included in the current General Plan cycle for several reasons. Including our revised proposal now would; avoid the additional costs of a special General Plan cycle, retain that cycle for other matters that may arise requiring its use, and allow the applicant to proceed forward (or at least parallel ) within your General Plan application procedures . In so much as the revised application covers the same site; pro- poses reduced densities from those recommended for approval pre- viously by your staff and Planning Commission ( see GP 1B-86 and 2C 1B-86 ) ; and the current cycle has not advanced to the public notice or Planning Commission stages; and adequate review time appears to exist given the simple nature of the revised proposal ; tJe believe our project can be considered as a part of the current cycle. Please call me if you should have any questions . Your cooperation and timely assistance in this matter is appreciated. Sincerely, Ste �- phen A. Devencenzi 4. Proposed General Plan Amendment 2J-85 and Zone Change 5-85 Ci of Atascadero-Initiated a. Proposed Resolution 45-85 Amending the General Plan text and General Plan Map Land Use Element pertaining to the establishment of high-density sin- gle-family (10, 000 sq. ft. ) land use designation b. Proposed Ordinance 110 Amending the Zoning Ordinance text relative to the establish- ment of a "W" suffix for 10 , 000 sq. ft. minimum residential lots in the LSF and RSF Zoning Districts (FIRST READING) Henry Engen, Commun. Develop. Director , gave staff report, followed by Council discussion. Public Comment Earl Ferguson, 5556 Tunitas (his property runs from Tunitas to Rosar- io) , expressed concern that if more units are built in that area, which is already narrow and windy, it will be increasingly hazardous. Art Jazwiecki , who has owned his lot on Tunitas for 17 years, asked where the multi-family lots in areas A, B, C & D are located, to which Mr. Engen responded. Mr . Jazwiecki expressed his feeling that 10, 000 sq. ft. lots might be acceptable if the majority of property owners i a specific area are in favor of it; he noted that when he first pu chased his property it was zoned for 32 apartments per acre, and ha come through RMF-16 to what it is now at RMF-10 ; he is concerned with losing the ability to put additional units on the property. Lydia Kellerman, resident, expressed that she feels 10, 000 sq. ft. zoning is most appropriate where there are multi-family units, espec- ially close to town, which gives young families the opportunity to have single-family units relatively close to town. George Highland, 7275 Carmelita, (who clarified that he doesn' t own property in any of the areas under consideration) expressed his con- viction that he believes the General Plan' s basic purpose is to permit the people in the community to set goals for what they visualize as an ideal community for them; he feels these goals can be realistic rather than idealistic, providing the governing body sticks to them. He claimed the maximum population capacity of the Plan has become 42, 000 (from 34, 500 upon its adoption in 1980) . He expressed opposition to 10, 000 sq. ft. lot zoning, feeling it will set a disastrous precedent for the City. Nina Marble, 9125 Pino Solo, expressed opposition to 10 ,000 sq. ft. lots, adding she would support it only with the stipulation that the lot must be zoned for 10 or more per acre before it can become a 10, 000 sq. ft. lot, thereby down-zoning and not increasing population density. 4 c Celia Moss, 8040 Coromar and President of Atas. Homeowners ' Assn. , spoke in favor of maintaining Atascadero' s rural character ; in her efforts to find out how people feel about ' affordable housing' , she did an unofficial survey in front of the Post Office last Thursday, between 9-10 a.m. , which revealed 80-90% of the people she spoke to consistently supported the General Plan, are concerned about the cur- rent amount of growth and basically want to maintain the large lots. Paulette Cooks, expressed that if Council considers rezoning Santa Ynez, both sides of the street should be rezoned to give all owners an opportunity to split their property. Elaine Oglesby, 9195 Santa Lucia Rd. , spoke in opposition to 10 ,000 ft. lots in order to maintain Atascadero' s distinguishing rural char- acter; she encourages planned, orderly growth, expressing that growth may change the size of a community, but it doesn' t necessarily have to change its character . She implores Council to reject this proposal and confirm its faith in the uniqueness of Atascadero. Mike Lucas, 8315 Atascadero Ave. , encourages that Council consider alternatives to 10 , 000 sq. ft. , as he doesn' t see any areas where it really fits. He feels if the 10,000 sq. ft. lots concept is adopted by Council, there' s a dedicated group who will rise up and oppose it, and the zoning will be changed back in 2-3 years, which would be very bad for long-range planning. Joe Wilmore, 5500 Llano Rd. (resident since 1950) , spoke in opposition to this proposal based on density concerns and in favor of maintaining rural character. John Stettler , 5510 Rosario, feels that, although there may be a prob- lem between the 10 per acre and 2 per acre that the City now faces, 10 ,000 sq. ft. lots is not the answer , it would set a precedent that the City could not live up to, and we would all be worse for it. Denny Clark , 4585 Viscano (new resident) , spoke in opposition to large clusters of apartments, such as the 400-unit project, based on his past experience as a law enforcement officer . He feels further time should be taken to study alternatives to 10 , 000 sq. ft. lots. Frank Davis, 8920 Curbaril, spoke in favor of 10 , 000 sq. ft. lots for the benefit of young families who may be able to get into a first home. John Bunyea, 8942 Palomar (5-year resident) , spoke in support of affordable housing , which smaller lots might provide. Richard Shannon, 4820 Obispo Rd. , spoke in favor of 10 , 000 ft. lots ; he recalled areas which were previously zoned multi-family and were changed in 1980 (at time of Gen. Plan adoption) to commercial zoning. He stated, as a realtor , many people are looking for smaller parcels, and there are very few available. 5 Jaime Lopez-Balbontin, resident, spoke in favor of an alternative 10, 000 sq. ft. lots by down-zoning some 2 1/2 to 10-acre lots; favor of preserving rural character . Linda Hardy, 9705 Las Lomas, said that about 3 1/2 years ago, some neighbors initiated a petition in favor of 10 ,000 sq. ft. lots, which she and her husband fought all the way; now, however , condominium and apartments surround their once rural property, and they are for the rezone to 10,000 sq. ft. lots only to break even on their property. They are against a City-wide rezone. Bill Poe, 10600 Realito, spoke in favor of 10 ,000 sq. ft. lots, and he offered some statistical (density) comparisons to other cities. Jon Langford, 8755 Junipero, thinks we need a clear definition of ' rural' . He feels it' s a misconception that 10, 000 sq. ft. lots would change the character of Atascadero drastically and double the popula- tion and favors this proposal in his hopes to attain affordable hous- ing. He expressed faith in the City' s Engineering Dept. and their efforts to provide adequate public services. Rich Ashby, 8855 E1 Centro, spoke in favor of this proposal based on the need to provide affordable housing. Randy Farr , 5940 River Rd. (18-year resident) , spoke in favor of 10, 000 sq. ft. lots in determined areas so we can progress instead 04 coming to a standstill. Bonita Borgeson, 4780 Del Rio Rd. , agreed with the comments of Mr . Highland and Mrs. Oglesby; she feels this issue should be put before the people, and that the issue appears to be Rural Atascadero vs. A Freeway City. She asked Council and the audience to ask themselves, "Did you move here for 10 ,000 sq. ft. lots or for the rural charac- ter?" . Discussion came back to Council, and each expressed their views. MOTION: By Councilwoman Mackey to deny GPA 2J-85 (Proposed Res. No. 45-85) and Zone Change 5-85 (Proposed Ordinance 110) , second- ed by Mayor Nelson; failed by 2: 2 roll-call vote, with Councilmembers Norris and Handshy voting NO and Councilman Molina absent. MOTION: By Councilman Handshy to provide for a revision to the General Plan Land Use Element text to provide for a new land use designation allowing for 10 , 000 sq. ft. residential mini- mum lot sizes, and to revise Zoning Ordinance Sections 9-3. 154 and 9-3. 164 to provide for 10 , 000 sq. ft. minimum residential lots. * MOTION: By Councilwoman Mackey to bring this item back in two weeks for decision by a full Council , seconded by Councilwom Norris; passed 3 : 1, with Councilman Handshy voicing NO ars Councilman Molina absent. * Add: Motion seconded by Councilwoman Norris; failed by 2 : 2 roll- call, with Councilwoman Mackey and Mayor Nelson voting NO and Councilman Molina ' 6 absent. (Correction announced at Council meeting of 5/12/86 by Councilman Handshy. ) { COUNCIL RECESSED FOR A FIVE-MINUTE BREAK. 5. General Plan Amendment 1J-86 and Zoning Map Amendments (Zone Change 10-86) Designating Specific Areas for 10,000 Square Foot Lots: a. STUDY AREA "A" (MORRO FLATS AREA) 1. Proposed Res. No. 39-86 2. Proposed Ord. No. 126 b. STUDY AREA "B" (PALOMAR/ARCADE ROAD AREA) 1. Proposed Res. No. 40-86 2. Proposed Ord. No. 127 c. STUDY AREA "C" (FRESNO/TUNITAS ROAD AREA) d. STUDY AREA "D" (LAS LOMAS AREA) 1. Proposed Res. No. 42-86 2. Proposed Ord. No. 128 e. 9240 ATASCADERO ROAD 1. Proposed Res. No. 43-86 2. Proposed Ord. No. 129 Mayor Nelson announced, as a result of previous motion, public hearing regarding Item B-5 are continued to next meeting, Council would hear testimony from persons wishing to address concerns regarding study areas. Public Comment Lydia Kellerman, resident, addressed the Tunitas area (Study Area "C") and supports 10 , 000 sq. ft. there because the area is becoming very dangerous due to increasing multiple units; increasing the potential number of units would only make things worse there. She read a letter addressed to Council from Robert & Cathryn Beach, who reside on Bajada expressing they favor a zone change on Bajada, Tunitas and Rosario from multi-family to single-family due to density and safety concerns. Jim Neelands, 5615 Bajada (Study Area C) , 27-year resident, expressed traffic safety concerns in that area and believes 10 , 000 sq. ft. lot zoning would help there, and he encourages any zoning revision which would reduce the area' s potential for increased density. Mrs. Kellerman spoke again, announcing that she counted a total of 41 units (15 houses) on Tunitas. C.--UNFINISHED BUSINESS _ �- 1. City Ha11TRe­navation - Bid Tabulation of_--Ph"ase ^ IIB Structural (Restrooms Deleted)- -____Award Bid to .La-Freniere Construction for $104 , 200 G(t`` G'✓ i i t� r 1 � v �tZ t� � CA- 161 l C Councilman Handshy noted, regarding the Minutes of 4/28/86, p.6, th the second motion is incomplete and should be amended to reflect t `it was seconded by Councilwoman Norris and failed by 2:2 roll- 11, v3 th Councilwoman Mackey and Mayor Nelson voting NO, and Cou ilman Mot`'naabsent. Councilwoman Mackey requested Item A-3 be pulled for separ,�te discus- sion.Sion. ,f 1. Approval -of Minutes of the Regular Council Meeti-XV of April 28, 1986 `'�.,q X 2. Lot Line Adjustment1-86 - 8305 Coromar Rd., - Molina/Twin Cities Engineering f, ' 3. Tentative Tract Map`'--3786 - 5550 Traffic Way - Mulholland/Twin Cities Engineering \\ \\ f 4. Tentative Parcel Map 8-86'--�- 846 Morro Rd. - Heely/Moore 5. * See Item B-4 6. * See Item B-5 ' 7. Acceptance of Final-Parcel Map 34-85"'; 10420 San Marcos (Bressler/ Twin Cities Engineering 8. Support StaffrRecommendations Regarding San.. Luis Obispo County Solid Waste,-Management Plan - Preliminary Draft (**) MOTION: By Councilman Handshy to approve Items Al-8',r_ deleting Items A-=3, 5 & 6, seconded by Councilwoman Mackey,; passed unani- ously, with Councilman Molina absent. Discussion on Item A-3 (related to liability for damage to ,'condomini- u s as result of unstable property conditions) . MOTION: By Councilman Handshy to accept staff recommendations, ec- onded by Councilwoman Norris; passed by 3 : 1 roll-call vote, with Councilwoman Mackey voting NO and Councilman Molina abs sent. B. HEARINGS, APPEARANCES AND REPORTS 1. Proposed General Plan Amendment 2J-85 and Zone Change 5-85 - City of Atascadero-Initiated (Cont'd from 4/28/86) a. Proposed Resolution No. 45-85 Amending the General Plan text and General Plan Map Land Use Element pertaining to the establishment of high-density sing family (10 , 000 square foot) land use designation 2 b. Proposed Ordinance 110 Amending the Zoning Ordinance text relative to the establish- ment of a "W" suffix for 10 ,000 square foot minimum residential lots in the LSF and RSF Zoning Districts (FIRST READING) 2. General Plan Amendment 1J-86 and Zoning Map Amendments (Zone Change 10-86) Designating Specific Areas for 10 , 000 Square Foot Lots (Cont'd from 4/28/86) a. STUDY AREA "A" (MORRO FLATS AREA) : 1. Proposed Res. No. 39-86 2. Proposed Ord. No. 126 b. STUDY AREA "B" (PALOMAR/ARCADE ROAD AREA) : 1. Proposed Res. No. 40-86 2. Proposed Ord. No. 127 c. STUDY AREA "C" (FRESNO/TUNITAS ROAD AREA) d. STUDY AREA "D" (LAS LOMAS AREA) : 1. Proposed Res. No. 42-86 2. Proposed Ord. No. 128 e. 9240 ATASCADERO ROAD (Mayor Nelson announced this item post- poned to meeting of 5/27 at applicant' s request) : 1. Proposed Res. No. 43-86 2. Proposed Ord. No. 129 City Attorney, Robert Jones, explained the effect of the voting on this issue from the last Council meeting and summarized the alterna- tives before Council: (1) Do nothing , which would let the prior deci- sion of denial stand; (2) approve another continuance to the meeting of 5/27 for full Council consideration, and (3) approve reconsidera- tion of the matter , which would require another fully noticed public hearing. Mr . Jones recommended that Council concur with recommenda- tion #1, based on Council' s previous suggestion (s) for an over-all General Plan review. Each Councilmember expressed opinion on the matter at Mayor Nelson' s request. Mayor Nelson announced that this appears to be a dead issue at this time; however , he offered to take public testimony. Public Comment Steve Devencenzi, representing one of the applicants (Petersons/Study Area B) , asked what happens to his client' s funds and efforts related to this request. Mr. Engen responded that applications affected by Council' s decision would fall into the category of "denied without prejudice" and would be included in the General Plan update process; applicants would not be required to pay fees again for reconsidera- tion. Mr . Devencenzi favors a continuance on this issue by Council. 3 4 • Bob Clark, resident in Study Area C, suggested the issue be put on t0 ballot for decision by the people. Council responded its possible to include it on the ballot for the November General Election. John Bunyea, 8942 Palomar, expressed dissent at the way this issue has been "dragged out" . Brad Davis, 4470 Sycamore, expressed concern for the provision of affordable housing and asked Council to consider the young people of Atascadero; he ' s concerned his employees may be forced to move. Lydia Kellerman, resident on Honda (Study Area C) , spoke in opposition to allowing for additional units in the Tunitas/Bajada area; she ex- pressed the residents' dissent with the minimal landscaping around a large apartment building located on lot 7-7a. Mr . Engen was requested by Council to review the CC & R' s on that project to verify compliance with the landscaping requirements. Bob Clark spoke again, noting that he counted 50 mailboxes on Tunitas -tonight (claims that equals approx. 150 people living in the 3.2 mi. area) ; he spoke in opposition to more density on Tunitas or Bajada. Art Jazwiecki expressed disagreement with some of the zoning informa- tion relayed by Mrs. Kellerman. Mayor Nelson clarified, at Mr. Bunyea' s request, that the 10 , 000 sg ft. zoning designation was included in the Housing Element of th General Plan to provide affordable (or optional) housing to all seg- ments of income in different areas of the community. Michael Lane, Fresno St. , spoke in favor of increasing housing lots by looking at the multiple unit zones in the City and not considering breaking down existing neighborhoods further . MOTION: By Councilman Handshy that Council accept City Attorney' s recommendation (to let prior decision stand) , seconded by Councilwoman Mackey; passed unanimously, with Councilman Mo- lina absent. 3. Proposed Zone Change 11-86 - 9955 El Camino Real - Goldie Wilson \� Ron Poulin - Revising Existing Commercial Tourist Zoning to C - --'-mercial Retail - Proposed Ord. No. 131 (FIRST READING) Henry Engen-,lCommun. Devel. Dir. , gave staff report. Public Comment s' Ron Poulin, 1916 Creston Rd-.-1. Paso Robles, urged Council support of this request based on unanimou--favorable decision by Planning Commis- sion. Maggie Rice, Ma Chamber.,.-of Commerce, spoke in '-support of this request although she shares concerns expressed by Councilman Handshy relating to the need-foi maintaining the central business distr-ict. 4 �� • ! Minutes - Planning Commission - June 16, 1986 Tentative Parcel Map 15-86 : Request submitted by Rex Hendrix (Twin Cities E ineering) allow subdivision of 13. 47 acres into three is of 4.45, 4.4 and 4.57 acres each. Subject property s located at 12040 2100 San Marcos Road, also known a ots 36 and 37 of Block 81. In presenting the aff report, Mr. DeCa noted that after con- versations with the applicant, it s been pointed out that the applicant does not own the cent ine of San Marcos Road as shown on the tentative ma Thi means the overall acreage is re- duced from 13. 47 acres to a al acreage of 13.43 acres. He noted that the applican ti would have sufficient acreage to split the lot three ways ut that reconfiguration of the lots on the map will need to changed slig tly for the final map. Tom Vaughan with in Cities Engineering, epresenting the appli- cant, spoke support of the request an noted his concurrence with the st f report. He stated they would b submitting a re- vised to ative map to reflect the minor acreage hange. MOT Made by Commissioner Hatchell, seconded by C issioner Michielssen and carried unanimously to approve entative Parcel Map 15-86 subject to the findings and co itions contained in the staff report. 4. Appeal of Denial of Requested City-Initiated General Plan Amendment: Appeal filed by H.D. Peterson (Steven Devencenzi) of the Com- munity Development Director ' s decision to deny a request for a City-initiated General Plan amendment. Subject property is located at 8515 E1 Dorado Road. In presenting the staff report, Mr . DeCamp summarized the history involved with the application and subsequent appeal. Commissioner Michielssen referenced the City Council minutes ex- cerpt with respect to the applicant needing to pay fees again for reconsideration of the application. Mr . DeCamp explained that the application would be included within the General Plan division program which is the two year study and not the immediate General Plan cycle which closed on April 1st. Steve Devencenzi, representing the applicant, noted his disagree- ment with staff' s analysis in that the City Council did not deny his application and pointed out that as referenced in the minutes, the City Council only took action on the proposed text amendment to the General Plan and Zoning Ordinance , but did not directly take any action on the proposed specific map changes. He further noted that the minutes do not accurately reflect what actually occurred at the City council meeting and proceeded to elaborate on some issues which he took notes in listening to the taped minutes. Mr. Devencenzi further expressed frustrations with delays in proceeding with development in an orderly manner . 4 0 Minutes - Planning Commission - June 16, 1986 Commissioner Michielssen felt that the appellant was expressing some his frustrations in going through the entire 10 ,000 square le foot lot process and recommending approval of this request as a group, but then seeing no decision being made during the political process. Mr. Devencenzi clarified his desire to have this application in- cluded within the current General Plan amendment cycle which has not been brought before the Planning Commission or City Council for consideration as yet. Mr . Engen explained that staff concern with a precedent that it would set with any applicant who gets a denial, no matter what the facts of the case would be, and noted that there were several 10,000 square foot lot requests in other neighborhoods. Discussion ensued among the Commission. MOTION: Made by Commissioner Hatchell, seconded by Commissioner Nolan and carried with Commissioner Michielssen dissent- ing to deny the appeal. C. OL BUSINESS 1. sideration of staff report concerning Urban rvices Line pol ' y exceptions. Mr. Engen no d this matter was previously befo e the Commission with regard the rewriting of the Public nd Quasi-Public Ser- vices Element (w 'ch the Commission had rec mended for approval. He further noted th t at the City Council' May 27th meeting, a letter had been re ived from the Ata adero Unified School Dis- trict requesting an ext nsion of sewer service to their San Gab- riel Elementary School ' te. He a so pointed out a request made by Chalk Mountain Golf Cour to a end sewer service to the club house and restrooms at the 1 course. It was noted the reason this matter is before the Comm' ion is that State law mandates that the two requests be con der by the Planning Commission for review and a recommendatio ack to he City Council. Chairman LaPrade concur d with the rec mendation and commented that the City is hel ng the School District, and would hope that the School District ould take notice of thi. and maybe consider it the next time the City approaches the dis ict concerning the need for the Lewis Avenue Bridge. Commissioner and added concerns he had with the San abriel Ele- mentary Sc of site location. In resp nse to question from Commissioner Hatchell, Mr . H gkiss, repre enting the school district, noted that the sewer line ould be zed for future growth in the area. Mr . 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''Ia r+i.-N,ro:.e '.'Y 7 Y ) w .}t -^t•' ya • + °. .:> -__y" _ + y CALIFORNIA UNIFORM PUBLIC CONSTRUCTION. r a c a �. r•i- xx�,eG i'de%�..�}r.�y�-_pc'c�k r�°tiY,�� t�,fi` � y,b �p�.4 er„ ^� �_ � e ''`�cF• p�� y: ' r .S, wv_ f` .3+'r,6P.4 �J ':? +f+,3"'1`>; . r , �yt� �41fs,; �lj,COSTACCOUNTING COMMISSION t,'t�-�j+��'+4.�'�1�4�e��G��.€vs.•R.y�k�+mac•r ,hl.� +hy'� , � - fa'J ALT,y',.<x[1+.diip �; C�.J'}`f' #f'r• f 6. . _ t '• r4' ';" � �i�y'�,: �i71 �.'s 1`�#sl rt'..'s��irea �✓. �� �, F},�r� +r ,+t r.v G;r�y d��ac�t ��'s;vp� .. �+`s��yYa+t � ',6N S.` T`Y F.SI. ,r f J ✓r yam,' s?:�-!ip •tyJ G FY .+r`Irlr "f �`,S r'.er5 1� rH"Q^T?3>f , if i t^Frtrr ti t'' Z y s € G fYt }�: # S. t P kSY t Nat x.i'e� YY t w � > a rl �ti3Co c'� yst � ,�t �i.a , ca t� �, �c R•�v= tsg5 * !:i^f X ^•� +t _�'��d,t'T+'ri- l si' a 9k' i, .'.r r' °+.-;',g! ��z:t G^X+A , ar }d,j'!=.9 y t'`e �€'�. r�.a)s Ifs-,s }rt7{1�.. S` '•y`` Ky t '�5�`:_ _7L'• s- � T , t✓� ,STATE OF CALIFORNIA !A, >A'4 - , 4 .k - ,-: ! v •H fn �tf �.. }-,xGr ��,'t r'�� , A.°..._• ..i � r5-t' �s� ?�4.[iY5'3+r a��YZR-^S.tt+.d,.r4r'�Ri t rr,:�_. �'t k:,r{.F � +] a;d,? yar`a HE w r"; t! fir �. C"- •4 S Y v r r r •T ! lir.Y� } tirq .. '+.rjkv-4.. i O( ••••.♦•• •• ``yvfPy rr LT r� ,Ip`-� nils:"`,S .rcM �1) "j + - ,..- M.. :. � .r n r-�t _ �!;a - •• �UREKq •• j. 7 �<."µ r -r � "t w� •ori � ',''�+i� yry.. - � r ri e r F. � ? r�`' V �• ,4j •; l a �s r yJ �Y t,��r > ►1�>< t f t` ? r(� { G 4 i '. �•� f_d Y J }y �y� rye,..a�>$` r 1• t ! r/, � r �r } e r: �• t • � {S t, k j � 1 2,$9rb'' j�v, �t„'��"`'I 9F • ;�• d ' Jr ;! .9' r O = .t t f *!� r`•.} rh rStj{�,"'t'e8-, J',- .. t"•{��1; :"Y'rzJkl.t. - � � t._j n e.. -r n3 t! '- a rT i v'k:/ �' �•G)•"a 'Z. � ,y�# �.�_� .�$^+'°t��)���� J„� -_a ,.ti•1 >' r 'I.f r~S �•�'t::tYx° k �� J' �p`y Q` at:.t.i ,>:. � r - F _—'LSI►�0 l t -i.t ✓ -, i� t z_ t + It :' , -: y € -y'_ > asre� � k �. f _V5 ZJ # m tjIt{�Cf is '-S TATE CONTROLLERf.x' #ka- - •! r 'til[ 'Ai'+a{E yl r�l �r�'�+fS DIVISION OF LOCAL GOVERNMENT FISCAL AFFAIRS F It is important to note that this law does not include projects related to the following: ° Routine, recurring and usual work for the preservation or protection of any publicly-owned or publicly-operated facility for its intended purposes. ° Minor repainting. i y Resurfacing of streets and highways at less than one inch. ° Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems. } ° Work performed to keep, operate and maintain publicly-owned water, power or waste disposal systems, including but not limited dams, reservoirs, powerplants and electrical transmission lines of 230,000 volts or less. Construction of any public building used for facilities of juvenile forestry camps or juvenile homes, ranches or camps established under Article 15 (commencing with Section 880) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, if a major portion of the construction work is to be performed by wards of the juvenile court assigned to those camps, ranches or homes. Bid Limitations For those agencies whose governing board has by resolution elected to become subject to the uniform construction cost accounting policies and procedures and which have notified the State Controller of that election, the following bid limitations will be in effect: Public projects of fifteen thousand dollars ($15,000) or less may be performed by the employees of a public agency by force account (for definition see Section II), by negotiated contract, or by purchase order. ° Public projects of fifty thousand dollars ($50,000) or less may be let to contract by informal procedures as set forth in this legislation. ° Public projects of more than fifty thousand dollars ($50,000) shall, except as otherwise provided in this legislation, be let to contract by formal bidding procedure. Award of Bid The law allows the public agency to reject any bids presented. If after the first invitation for bids all bids are rejected, the public agency shall have the option, after reevaluating its cost estimates of the project, of one of the following: The public agency may abandon the project or readvertise for bids in the manner described by this legislation. -3- ° By passage of a resolution by a four-fifths majority of its governing body declaring that the project can be performed more economically by its employees, the public agency may have the project done by force account without further complying with this legislation. ° If a contract is --awarded, it shaYl be awarded to the lowest responsible bidder. If two or , more bids are the same and the lowest, the public agency may accept the one it chooses. ° If no bids are received, the project may be performed by employees of the public agency by force account or by informal bidding procedures set forth in Section 21204 of the Public Contract Code. California Uniform Construction Cost Accounting Commission AB 1666 created the California Uniform Construction Cost Accounting Commission (CUCCAC). The Commission is comprised of 14 members appointed by the State Controller and includes representatives from the construction industry, who have experience as general contractors and subcontractors on public works construction projects; representatives of organized labor; and public agency officials who are involved in letting public works construction contracts. The Commission is empowered to review and recommend for adoption by the State Controller uniform public construction cost accounting policies and procedures to be followed by public agencies in the performance of or in contracting for construction of public projects under this program. Implementation The public agency must perform several administrative steps to comply and elect into the law. The major steps include: ° Notifying the State Controller of the election. Adopting ordinances or regulations providing informal bidding procedures as required by the law. Complying with the public construction cost accounting construction policies and procedures presented in this manual. The CUCCAC shall review the accounting procedures of any participating public agency where an interested party presents evidence that the work undertaken by the public agency falls within any of the following categories: I. Is to be performed by a public agency after rejection of all bids, claiming work can be done less expensively by the public agency. 2. Exceeded the force account limits. 3. Has been improperly classified as maintenance. -4 C. DEFINITIONS The definitions listed below will assist users of this manual in interpreting and understanding the policigs and procedures as stated in this manual. It is important to note these definitions pertain only to the contents of this manual. Cost Finding Cost finding is a less formai method than project accounting of cost determination or estimation on an irregular basis. There may be no formal accounting entries during the year to record costs incurred in specific cost accounts. Instead, cost finding usually involves taking available 4 fund financial accounting data and recording it and adjusting it to devise the cost data or estimate needed. This approach will be used in selected instances as defined in this manual. A Direct Costs Direct costs represent economic resources that can be specifically identified with a particular construction activity or function. To the extent possible, such costs should be charged directly to the project for purposes of cost determination rather than being subjected to allocation procedures. End Cost Objective An end cost objective is a cost center or activity established for the accumulation of the direct cost of performing government services. All the costs should be considered to indirectly support the performances of these services. Equipment Usage Tracking System An equipment usage tracking system allows for the identification, recording, accumulation and reporting of usage of a specific piece of equipment or type of equipment and the unit of usage, e.g. , hours, days, mileage, to a particular activity. Force Account Work performed on public projects using internal resources including but not limited to labor, equipment, and materials, supplies and subcontracts of the public agency. Government-wide Overhead Govermnent-wide overhead is defined to include all costs of a public agency not associated with organizational units performing services which support all end cost objectives of the government entity. Materials, Supplies and Subcontracts Tracking Sys tern A materials, supplies and subcontracts tracking system allows for the identification, recording, accumulation and reporting of materials, supplies and subcontracts used on a particular activity. -7- FILE COPY MEMORANDUM TO: Board of Directors Atascadero County Sanitation District THROUGH: Mike Shelton, City Manager FROM: Paul -b Director of Public Works SUBJECT: Marchant Way Public Hearing - Sanitary Sewer District No. 3 DATE: January 2, 1986 Recommendation: Staff recommends that the Board approve Alternative 2A (sketch attached) boundary and set a maximum assessment of $4150 per lot, with each parcel to also be charged the standard $850 annexation fee. Background: (See attached report from the November 25th Board Meeting) Discussion. No written protests have been received at the time of this writing, but they may be received up to one (1) hour prior to the public hearing. Attachment: Letter to Property Owners November 25 Report i Dear Property Owner : You are hereby notified of a Public Hearing at 7:30 P.M. , January 13, 1986 for the formation of Assessment District No. 3, the boundaries of which are shown on the attached sketch. The boundary is the same as the boundary that was previously presented to you as Alternate No. 2 by mail, at the neighborhood meeting and at the November 25 Public Hearing, and is now known as Alternate No. 2A. There are two differences in Alternate No. 2 A from the previous Alternate No. 2, namely: (a) The proposed assess- ment will be equal for each lot, regardless of size, and (b) the ACSD will guarantee that the assessment per parcel will not exceed $4,150 , based on total project costs. Any amount over $4,150 will be borne by the ACSD. In the event actual bids result in an in- dividual cost less than $4,150 the actual lower cost will be the required cost of the property owner. The district will involve only, and all of, those parcels which lie between Marchant Way and Santa Rosa. The City lot will be assessed in the same manner as any other lot in the proposed district. Assessments will be based on all costs, including engineering, con- struction, laterals to the property line, easements for the lots on Santa Rosa to Marchant Way, and laterals within the easements to the rear property line of the lots on Marchant Way, and bond financing costs, etc. Based on the outcome of FmHA financing, the ACSD may elect to pay all or part of the engineering costs. Assessments that are not paid within 30 days after the passage of the resolution to form the district will be placed on the tax rolls to be paid over 15 years at an interest rate that is not known at this time. The $850. 00 annexation fee must be paid by the owner upon connection, and each parcel must be connected to the public sewer within 24 months or upon occupation if the lot is vacant. All costs for the abandonment of septic tanks, laterals on private property except as herein specified otherwise, and connections to private plumbing shall be the burden of the property owner . • • Assuming an interest rate of 10% the annual payment on $4,150 maximum assessment per parcel would be approximately $545. Again, all assessments will be equal due to equal benefit. Property owners within the district boundary have the right to protest the formation of the district. Protests must be written and received by the City Clerk at least;;one (1) hour prior to the Public Hearing. This is a new resolution a any pervious protests on other alternatives are not valid for the above described district. 2 i 4VENAL PV tP1U� J 1. o c, 1 L x V i o J 0 b g 0 I Z � s I, c 0 T y C • s �y, � j , F T mi - --------- z c ,n - 00 tP n — -M7 D P rq rq 3 " rn ro i v Z MEMORANDUM TO: Board of Directors THROUGH: Mike Shelton, ' City Manager - ' FROM: Paul M. Sensibaugh, Director of Public Works SUBJECT: Marchant Way - Santa Rosa Sanitary Sewer District ' �y. DATE: November 20, 1985 -� - .r Recommendation: Staff recommends that the Board take no action on Resolutions -85 or 123-85 and that the majority of protest be received by - the Board on Alternative No. 2, said alternate being presented at the November 12 meeting. It isfurther recommended that staff present the financing alternative discussed herein to those involved in Alternative No. 2 and continue the hearing until such time as staff can recontact all of the property owners- involved. If the owners agree to the new arrangement, they can voluntarily withdraw their protests at the continued hearing. In addition, staff recommends that the Board entertain seperately any future requests for emergency - measures from the southerly side of Santa Rosa for failing septic systems and help obtain easements if necessary to accomplish the connections to Marchant Way. Background: The November 12 hearing was continued to November 25 to allow the property owners to hold a neighborhood meeting on November 18 7:30 p.m. That meeting convened with the City staff and the pro- ject engineer presenting the options that were discussed at the hearing and was then opened up to questions from the floor. Staff indicated that, due to the infringement upon the Urban Services Line, Alternate No. 6, which seemed to be favored heavily by the group, was not feasible without initiating a General Plan Change. Staff emphasised that we would recommend Alternate No. 2 which unfortunately is not economical to those being assessed. Discussion: The Board has now received greater than a 51% protest against Alternate No. 2. While staff still feels that Alternate No. 2 is the most feasible plan with respect to the General Plan, there is a strong concern for making the project work because of the Cease and Desist order on this area. This particular area has an affect on the general public because of its contribution to the bacteria level in Atascadero Lake. Placing this area onto the public sewer system would be of major significance - in the effort to clean up the lake so that it could once again be utilized for recreational pur- 1 �J i �t. t .. poses. ys Additionally, the City ownes thea last lot at the Marchant Way- Santa Rosa intersection and, even though that lot does not derive a s . direct benefit, continuing the sewer along that frontage will implement our own policy of extending the sewer to the next adjacent lot upstream. <' ' : Furthermore, the Cease and ~Desist areas were originally intended . to be included in the plant expansion project, but the costs exceeded 'Vxrl the grant expectations. The ACSD only postponed its involvement in cleaning up the Cease and Desist Areas Conclusion: _ �s , ' •� :Staff feels strongly that the ACSD should bear some of the burden of this assessment district due to the benefit to the general public. It is suggested that the ACSD pay any costs over $5,000 per parcel, including the annexation fee, and that equal assessments be the method used instead of the area method suggested previously. Fiscal Impact: Equal assessments on $140 ,000 would mean that each of the 22 lots being benefitted including the City lot, would be $6363 each, plus - 850 annexation fee for each plus the cost of abandoning the septic C, tanks and private plumbing costs for extending the laterals. The total cost of the project is. . . . . . . . . . . . . . . . . . . $140 ,000 *The Engineering cost is. . . . . . . . . . . . . . . . .$15,000 The City Lot would be. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,363 It is estimated that the estimate is 10% high. . . . . .$14,000 The contingency fund will not be used if the project is smooth. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$14,000 Possible cost to parcels. . . . . . . . . . . . . . . . . . . . . . . . . . .$90,637 Divided by 21 lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$' 4,316 Plus $850.00. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .$ 5,166 It is therefore conceivable that the ACSD will only have to pay for the City lot plus the engineering and at minimum another $166 per lot. The worse case situation for the ACSD would be $650 per lot plus our share, or about $35, 000. There is $191, 400 available from FmHA at 5% interest. With $35, 000 directed toward this district, there would be approximately $117,900 remaining that the Board could use for other Cease and Desist Areas. *The Board previously agreed to contribute to at least the Engineering for Cease and Desist areas to show a good faith effort to the Regional Water Quality Control Board. 0 FmHA at last correspondence has emphasised that they would prefer that their funding be used for construction as well as engineering 2 and that the fund be drawn down within six months. The above dis- cussion is subject to FmHA approval, but the Board would have the option of using other availabledistrict funds for this purpose such decison being made at the equalization hearing when all final project costs are known.--- 3 01 MEMORANDUM TO: Board of Directors, Atascadero County Sanitation District THROUGH: Mike Shelton, City ManagerJ . FROM: Paul Sensibaugh, Dire'otor of Public Works SUBJECT: Bids for Assessment District No. 3, Marchant Way Sanitary Sewer DATE: May 6, 1986 . Recommendation: Reject the lone bid received for the above project and re-bid. Background: The Board authorized staff to advertise for bids for the above project at a previous meeting. Bids were received May 5th at 2:00 p.m. Only one bid was received even though several plans were checked out. The summary follows: R. Baker, Inc. , Arroyo Grande $142,156.00 Engineer ' s Estimate 107, 000 .00 The bid is 33% above the engineer ' s estimate Discussion: Due to the lack of competition and no apparant reason for such high prices, staff feels that a better effort can be -made to attract local contractors. The margin shown is not acceptable and re-bidding is recommended. Fiscal Impact: Although we will incur additional advertising costs, it is anticipated that a re-bid will result in lower costs. n f PROJECT ENGINEER'S' CONSTRUCTION COST ESTIMATE MARCHANT WAY SANITARY SEMER DISTRICT ASSESSMENT DISTRICT NO. 3 APPROXIMATE UNIT NO. ITEM QUANTITY PRICE TOTAL 1. 8" PVC SSITER 1861 LF $40/FT $ 74,440 2. MANHOLES - 7 EACH 2000/EA 14,000 3. 4" PVC LATERALS 22 EACH 500/EA 11,000 4. TRENCH RESURFACING 1170 LF $ 6/FT $ 7,020 TOTAL ESTIMATE $ 107,000 4/18/86 ,�a ` BID FORM PROPOSAL FOR MARCHANT WAY SANITARY SEWER DISTRICT ASSESSMENT DISTRICT NO. 3 To The Honorable City Council City of Atascadero Atascadero, California 92 Gentlemen: In accordance with the Notice Inviting Sealed Bids, the undersigned, as bidder, declares that he has carefully examined the location of the proposed pork, the a Plans contract and bound forms, and agrees thatif thissProposal ions, accepted, he will contract on the required form contained inst specifications with the City also, at his own cost do he and furnish all equipment, materials and labor necessarytocomplete the work in the manner and time described in the plans and specifications and agrees to provide certificates and fulfill all requirements aOf thedcontract ansfor nthe following price: The price which the bidder quotes is inclusive of the costs for all applicable taxes, including but not limited to sales taxes listed below.licenses, and permits. The bid shall consist of the bid items , N0. APPROXIMATE UNIT ITEM QUANTITY PRICE TOTAL 1• 8" PVC SEWER 1861L. F. �'� 00 9"V _. � 2. MANHOLES 7 EACH - 0,7" .lol�!s 3. 4" PVC LATERALSQ ° 22 EACH ��D �CI SG'0 •, , 4. • � � U o0 TRENCH RESURFACING 1170 L. F. /,$�� r7 SO TOTAL AMOUNT OF BID i 6 M:71 rs.C-7,1:.)a MEMORANDUMS TO. Board of Directors r >s x R': Atascadero County Sanitation District a , THROUGH: Mike Shelton .h . City Manager FROM: Paul Sensibau Director of Public Works i r SUBJECT: Bids for Assessment District No. 3, j Marchant A4i L' Way Sanitary Sewer T DATE June 3, 1986 :' � ~yrt k ; .•ti'' 6,.,y 17 tion Recommenda ,. :. •,'tet '. ::rn e'.. . -, .. [. r- ':' ,._X ...� .{. :a .'�• ,.���r�.• r Y4 -Reject the two bids re-ceived for the above project and re-bid. Background. At the Board Meeting of Ma 12, 1986 theBoardauthorized tf ` r g Y staff to re-bid the above project. As you know, the bid received on the initial bidding was 33% higher than the Engineer ' s Estimate. Bids were again received on June 3rd. . Although two x} bids were received this time, both were much higher than the Engineer 's Estimate. The summary follows: West Coast Tank Piping Const. $141,732.00 »Jamieson Construction 144 ,252. 20 _. Engineer 's Estimate 107, 000.00 Discussion: `Again, staff recommends that this project be re-bid. The time allowed for bidding the project will be increased in an effort to attract contractors. Fiscal Impact: Although we will incur additional advertising costs, it is anticipated that a re-bid will result in lower costs. _BID FORM PROPOSAL FOR kMARCHANT WAY SANITARY SEWER DISTRICT r. ASSESSMENT DLSTRICT NO. 3 To The Honorable CityCounZ�d,l City of Atascadero Atascadero, California 93422 P Gentlemen In accordance rith e the Notice Inviting Sealed Bids, the , undersigned, as bidder, declares that he has carefull y . examin the location of the ed proposed work, the plans and specifications, ' contract and bound forms, and agrees that if this proposal is accepted, he will contract on the required form contained in the specifications with the City also, at his own cost, do all work_ and furnish all equipment, materials and labor necessary .to complete the work in the manner and time described in the plans and specifications and agrees to provide all bonds and insurance certificates and fulfill all requirements of the contract for the a following price: r The price which the bidder quotes is inclusive of the 'Coate for all applicable taxes, including but not limited to Bales taxes, licenses, and permits. The bid shall consist of th listed below. e bid items APPROXIMATE UNIT NO. ITEM QUANTITY " PRICE TOTAL 1. 8" PVC SEWER 1861 L. F. s0 2. MANHOLES 7 EACH SC�ld '`t 1r� 0-a �c d 3• 4" PVC LATERALS 22 EACH9_. Qo 4• _ TRENCH RESURFACING 1170 L. F. TYLsJ, TOTAL AMOUNT OF BID 6 n The undersigned agrees, if awarded the contract, that there shall be paid by the undersigned and by all subcontractors under him, to all laborers, workmen and mechanics employed in the execution Of such contract or any subcontract thereunder, not less than the general prevailing rate of per diem wages, and rates for overtime and legal holidays in the locality in, which the work is to be performed as ascertained and determined, pursuant to the State statute thereto applicable, by the-,City Council, the schedule thereof being on file in the office of the City Clerk. The undersigned understands- that the quantity or quantities given are approximate only, being given as a basis for the comparison of bids, and the City of Atascadero does not, expressly or by implication therewith, warrant that the given quantities of work will be performed, but reserves the right to increase or decrease the amount of any portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the Engineer without claim for damage or loss of anticipated profit and that payment will be made only on the basis of the actual quantities of work performed. I understand that the owner reserves the right to reject this bid, but that this bid shall remain open and not be withdrawn for a period of thirty days from the date prescribed for its opening. If written notice of the acceptance of this bid is mailed or delivered to the undersigned within thirty days after the date set for the opening of this bid, or at any other time thereafter before it is withdrawn, the undersigned will execute and deliver the Contract Documents to the Owner in accordance with this bid as accepted and will also furnish and deliver to the Owner the Performance Bond, Labor and Material Payment Bond, and proof of a insurance coverage, all within ten days after personal dellivery or after deposit in the mails of the notification of acceptance of this bid. x Notice of acceptance, or requessst for additcnal information, may be addressed to the undersigned at the address set forth below. The names of all persons interested in the foregoing bid as principals are: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, give legal name of corporation, state where incorporated, and names of president and secretary; if a partnership, give name of firm; if bidder or other interested person is an individual, give first and last names in full. ------------------------------- -- _ ---- )i/..� . � c �� -=---- ---------------------- 7 Licensed in accordance with an act for the registration r' n i� of contractors and with license number �� 4 SIGN HERE: ------------ ij---------------------- Signature of bidder NOTE: If bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business address: _ � S__ -� �_� S-` - --------- Telephone Number: ___ �1 __---9 Date of proposal: --- ------ -- --------------- This affidavit shall be executed by the successful bidder, but bidder may execute the affidavit on this page at the time of submitting his bid. a 8 ' BID .FORM PROPOSAL FOR MARCHANT WAY SANITARY SEWER DISTRICT .ASSESSMENT DISTRICT NO. 3 To The Honorable City Council City of Atascaderc Atascadero, California 93422 Gentlemen: i. In" accordance With the Notice Inviting Sealed Bids, the undersigned, as bidder, declares that he has -carefully examined the location of the proposed work, the plans and specifications, contract and bound forms, and agrees that if this proposal is accepted, . he will contract on the required form contained in the specifications with the City also, at his own cost, do all work and furnish all equipment, materials and labor necessary to complete the work in the manner and time described in the plans and specifications and agrees to provide all bonds and insurance certificates and fulfill all requirements of the contract for the following price: The price which the bidder quotes is inclusive of the costs for all applicable taxes, including but not limited to sales taxes, licenses, and permits. The bid shall consist of the bid items listed below. APPROXIMATE UNIT NO. ITEM QUANTITY PRICE TOTAL 1• 8" PVC SEWER IS 6.1 L. F. __$52.00 __$96,772.00 2. MANHOLES 7 EACH _531200_00 ___22,400.00 3. 4" PVC LATERALS 22 EACH 600.00 13,200:.00 4. - TRENCH RESURFACING 1170 L. F. ____8_00 9,360.00 TOTAL AMOUNT OF BID 1411732.00 0 rt he e undersigned agrees, if awarded the contract, that there shall paid by the undersigned and by all subcontractors under him, o all laborers, workmen and mechanics employed in the execution of such contract or any subcontract thereunder, not less than th general prevailing rate of per diem wages, and rates for overtim and legal holidays in the locality in which the work is to be performed as ascertained and determined; pursuant to the State statute thereto applicable, by the City Council, the schedule thereof being on file in the office of the City Clerk. The undersigned understan4s that the quantity or quantities given are approximate only, being given as a basis for the comparison of bids, and the City of Atascaderc does not, expressly or by implication therewith, warrant that the given quantities of work will be performed, but reserves the right, to increase or decrease the amount of any portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the Engineer without claim for damage or loss of anticipated profit and that payment will be made only on the basis of the actual quantities of work performed. I understand that the owner reserves the right to reject this bid, but that this bid shall remain open and not be withdrawn for a period of thirty days from the date prescribed for its opening. If written notice of the acceptance of this bid is mailed or delivered to the undersigned within thirty days after the date i; set for the opening of this bid, or at any other time thereafter before it is withdrawn, the undersigned will execute and deliver the Contract Documents to the Owner in accordance with this bid as accepted and will also furnish and deliver to the Owner the Performance Bond, Labor and Material Payment Bond, and proof of insurance coverage, all within ten days after personal dellivery or after deposit in the mails of the notification of acceptance of this bid. Notice of acceptance, or requessst for additonal information, may be addressed to the undersigned at the address set forth below. The names of all persons interested in the foregoing bid as principals are: ( IMPORTANT NOTICE: If bidder or other interested person is a corporation, give legal name of corporation, state where incorporated, and names of president and secretary; if a partnership, give name of firm; if bidder or other interested person is an individual, give first and last names in full. WEST COAST TANK & PIPE-STATE OF CALIF-Tim Selby, President, Geraldine Selby, --------------------------------------------------------------- Sec Treasurer, --------------------------------------------------------------- --------------------------------------------------------------- w l L icensed in accordance with an act for .the registration fcontractors, and with license number___ ,�l�$_______________. SIGN HERE: ----------------------------------------- - Signature of bidder NOTE: If bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized. to sign contracts on behalf of the partnership. Business address: 825 26th Street, ------------------------------------- Paso Robles, Ca. 93446 ------------------------------------- ------------------------------------- Telephone Number: gQ�-��R=557 ______________________ Date of proposal : ---fiZb............................. This affidavit shall be executed - by the successful bidder, but bidder may execute the afidavit on this page at the time of submitting his bid. 8 «fes ^ r-` A TO: City Council Members July 14 , 1986 FROM: Karen Vaughan, Administrative Secretary VIA: Mike Shelton, City Manager Pa - SUBJECT: COUNCIL MEMBER REPRESENTATION ON COMMITTEES RECOMMENDATION Council review for consideration of reappointment of Council membership/participation on committees. BACKGROUND Known committees that Council members participate on are as follows: City/Schools Committee: Marge Mackey and Bear Handshy, Members Mayors Meeting: Marge Mackey, Mayor San Luis Obispo Council of Governments : Bear Handshy, Member George Molina, Alternate Traffic Committee: Barbara Norris, Member (Expiration Date: ,q,d/26/86) Marge Mackey, Alternate • M E M O R A N D U M TO: City Council FROM: Henry Engen, Community Development Director , SUBJECT: City Council appointment of applicants to City Planning Commission (Proposed Resolution No. 87-86) DATE: July 28, 1986 RECOMMENDATION City Council adopt Resolution No. 87-86, making appointments to three Planning Commission vacancies. Terms will be for four years, expiring August 1, 1990 . BACKGROUND City Council, earlier this evening, interviewed applicants to three Planning Commission vacancies, occurring as a result of the expiring terms of Commissioners Thomas Hatchell, Nellie Kennedy • and Wayne LaPrade, effective August 1, 1986. Applicants are as follows: G. Thomas Bench Lee W. Pieters Ray M. Buban William Patrick Pink Alfred Miles Clark James David (Dave) Pollard � .A Mildred L. Copelan Barbara C. Reiter J. Donald Hanauer Robert W. Schilling "��;-Thomas J. Hatchell Andrea Schulte lam . Thomas Kankiewicz -Ralph�r-Wells .. 4 .��i"-Jaime Lopez-Balbontin Attached is a ballot you may wish to use in selecting appointees; additional copies of the ballot will be made available to you at the Council meeting. Attach. (cw) • RESOLUTION NO. 87-86 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPOINTING (3) MEMBERS TO THE CITY PLANNING COMMISSION WHEREAS, three vacancies have been created on the City Plan- ning Commission, due to terms expiring; and WHEREAS, the City Council has adopted Ordinance No. 101 re- lating to the establishment of a City Planning Commission; and WHEREAS, public advertisements soliciting interest in ap- pointment to the Planning Commission have been published; and WHEREAS, the City Council did receive 15 applications for consideration; and WHEREAS, the City Council did, on July 28, 1986, consider candidates for appointment to the Planning Commission; and WHEREAS, on July 28 , 1986, the City Council did vote for specific nominations to the Planning Commission. NOW, THEREFORE, the Council of the City of Atascadero does resolve to make the following appointments to the Planning Com- mission for terms of four years from August 1, expiring August 1, 1990: 1. iI 2. rrk e ez 3. NOW, THEREFORE, the Council of the City of Atascadero does further resolve that this resolution shall take effect immediate- ly. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: NOES: ABSENT: ADOPTED: 1 (Resolution No. 87-86 , cont'd) ATTEST: BOYD C. SHARITZ, City Clerk MARJORIE R. MACKEY, Mayor City of Atascadero, CA APPROVED AS TO FORM: ROBERT M. JONES, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager 2 • M E M 0_R A_N D_U M_ TO: City Council THROUGH: Mike Shelton, City Manager FROM: David G. Jorgensen, Administrative Services Director SUBJECT: Adoption of the 1986-1987 Sanitation Fund Budget DATE: July 23, 1986 RECOMMENDATION It is our recommendation that the Atascadero Sanitation District Board adopt the 1986-1987Budget in the amount of $1,094, 990. DISCUSSION Detail of this budget is contained in pages 143 - 160 of the proposed budget document. • DGJ:dt RESOLUTION NUMBER 89-86 RESOLUTION OF THE ATASCADERO COUNTY SANITATION DISTRICT BOARD OF DIRECTORS APPROVING A BUDGET FOR THE 1986-87 FISCAL YEAR AND APPROPRIATING FUNDS THEREOF BE IT RESOLVED by the Atascadero County Sanitation District Board of Directors as follows: SECTION 1. Pursuant to provisions of the Government Code, a budget is hereby approved, per attachment entitled, BUDGET, FISCAL YEAR 1986-87, and as may be amended by the Board of Dir- ectors for the Atascadero County Sanitation District for Fiscal Year 1986-87. SECTION 2. The City Manager may transfer appropriations between line items, as required, to achieve the orderly and ef- ficient functioning of the District. SECTION 3. As an Enterprise Fund, the District will accept equitable general, administrative and other costs, as allocated for Fiscal Years 1986-87 . These costs are detailed as an admini- strative charge in the Sanitation Expenditure Budget. SECTION 4. The Board of Directors, from time to time, by motion, may approve additional appropriations as they deem neces- sary. On motion by Director and seconded by Director , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA MARJORIE R. MACKEY, Mayor 1 (Resolution No. 89-86 , cont'd) ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: ROBERT M. JONES, City Attorney APPROVED AS TO CONTENT: MICHAEL B. SHELTON, City Manager 2 MEMORANDUM • TO: City Council THROUGH: Mike Shelton, City Manager FROM: . Paul Sensibaugh, Director of Public Works SUBJECT: Assessment District No. 3 Marchant Way Sanitary Sewer Extension DATE: July 21, 1986 Recommendation:�� ; Staff recommends that Council make the following motion: "Reject all formal bids for Assessment District No. 3 (Marchant Way) and negotiate with the low bidder as a sub-contractor on a force account basis, and if negotiations are not favorable rebid the project with Assessment District No. 4 (Seperado and Cayucos) , all in accor- dance with the Uniform Public Construction Cost Accounting Act. " Background: • The Marchant Way Sanitary Sewer Extension project has been bid three times and rejected twice since it exceeded 10% over the Engineer 's Estimate. Again the bids are over that amount and in the range of the previous bids. Engineer ' s Estimate: $107,000 West Coast Tank & Piping 138 ,941 ' a Alt Bid 127,941 At4'i'. Jamieson Construction 140, 530 . 20 Discussion: Excerpts from the Cost Accounting Policies and Procedures Manual of the California Uniform Public Construction Cost Accounting Commission are attached which cite that the proposed Council motion is appropriate. Ordinarily I would not recommend award when the differ- ence in the Engineer ' s Estimate and the actual bid is so great. How- ever, it appears that after three bid lettings that there is l) little attraction to the project with no local contractors bidding,- and 2) there is no indication that the project can be built for the amount of the Engineer ' s Estimate. In all due respect to the consulting engineer, it appears that the estimate did not take into account that prevailing wages drive the costs from 40 to 70% higher than that of the private sector. • • T0: Board of Directors MEMORANDUM THROUGH: Mike Shelton, City Manager L1` FROM: Paul Sensibaugh, Director of Public Works/City Engineer SUBJECT: Addi~tiM of Atascadero Sanitation District Service Charges to the 1986-87 Property Tax Bills DATE: July 21, 1986 RECOMMENDATION: It is recommended that Resolution Number 88-86 with the attached "Exhibit A" be adopted by the Board of Directors upon completion of the public hearing. BACKGROUND: The ordinance which established the Atascadero County Sani- tation District provides for the collection of sewer charges on the general County tax bills. Resolution 88-86 has been prepared in accordance with Section 54354. 5 of the Government Code to accomplish the necessary collection through the 1986/87 property • tax bills. In addition, a Notice of Public Hearing has been published noticing this action. DISCUSSION: The basic area of resolvement during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer charge that is listed under the column entitled "amount" on "Exhibit All . Request that any questions or concerns received during the public hearing be referred to Staff for resolvement in order to ensure compliance with the forwarding of the approved list to the County Auditor . PMS/vjh msanchg 0 0 Section 5. This resolution is approved by at least a two-thirds vote of said Board. On motion by Director and seconded by Director the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE MACKEY, PRESIDENT ATTEST: MICHAEL SHELTON, SECRETARY APPROVED AS TO FORM: ROBERT M. JONES CITY ATTORNEY 1 1 r I 1 .. 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