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HomeMy WebLinkAboutAgenda Packet 04/26/1982 AGENDA ATASCADERO CITY COUNCIL Regular Meeting April 26, 1982 7: 30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Cali Public Comment ' A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If dis- cussion is required, that item will be removed from the Consent Calen- dar and will be considered separately. Vote may be by roll call. 1. Minutes of the regular meeting of April 12, 1982 (RECOMMEND APPROVAL) 2. Minutes of the adjourned regular meeting of April 12, 1982 (RECOMMEND APPROVAL) 3. -Resolution No. 14-82 authorizing the purchase of Parcel No. 3 in accordance with the Agreement between the City and V. M. ` Cook, et al, relating to the purchase of Mall property (REC- OMMEND ADOPTION) 4 Resolution No. 15-82 instituting the annual weed abatement program and setting date for public hearing for protests (RECOMMEND ADOPTION) 5. Acceptance of Parcel Map -AT 811211: 1, 8030 El Camino Real, Everett and Ruth Knight (RECOMMEND APPROVAL OF PLANNING COM- MISSION RECOMMENDATION) 6. Acceptance of Parcel Map AT 810722:1, 4605 Carrizo Road, Ralph Brink (Hilliard) (RECOMMEND APPROVAL OF PLANNING COM- MISSION RECOMMENDATION) OMMISSION ;RECOMMENDATION) 7 . Acceptance of Lot Line Adjustment LA 810817:1, 5300 Traffic Way, Ernest and Neta Simon (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. Acceptance of Lot Line Adjustment LA 811021:1, 5880 Encino, Garry and Virginia Brill (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 9. Rules of Procedure for the Building and Construction Board of Appeals (RECOMMEND APPROVAL OF BOARD OF APPEALS -RECOMMENDA- • TION) B HEARINGS, APPEARANCES AND REPORTS 1. Appearance of Jay Salter requesting Council support of the Nuclear Arms, Freeze Initiative 2. Public hearing on Zone Change Z811124:1, John Kleinhammer (Westland Engineering) to change the zoning from R-1-B-2-D to R-4 on a portion of the property and to modify the "D (532) " combining district requirements for the entire property and to construct a commercial office project with approximately 14,000 square feet of floor area _ 3. Report regarding San Luis Obispo County Area Council of Gov- ernments agenda, May 6, 1982 agenda C. UNFINISHED BUSINESS None D. NEW BUSINESS 1. Council suggestions for General Plan Amendments/Cycle 2 (1982) 2. Request of Mr. Seller , Plaza del, Camino manager , for no park- ing zone` on El Camino Real 3. Approval to request proposals for development park plan for City Park at Atascadero State Hospital site E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS (Council will adjourn and convene as the Atascadero County Sanita- tion District Board of Directors) l. . Consideration of resolutions approving bond issue for Atasca- dero County Sanitation District (The Board of Directors will adjourn and convene as City Council) F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Manager NOTICE: The City Council will hold a closed session after the regular meeting to ;discuss employee negotiations. MINUTES ATASCADERO CITY COUNCIL Regular Meeting April 12, 1982 7: 30 p.m. Atascadero Administration Building '1 The meeting was called to order at 7:30 p.m. by Mayor Wilkins with the Pledge of Allegiance. John Cole gave the invocation. ROLLCALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins ABSENT: None PUBLIC COMMENT (1) Dave Halliday, representing Ed Halliday, read a letter to Council concerning alleged problems with the Planning De- partment. He felt it took entirely too long for them to respond to his problems and questions. Allen Grimes, City Attorney, stated that some of the 'items Mr. Halliday discussed were involved in an appeal which could be presented to the Appeals Board. It would not, -there- fore, be" proper for Council to address those items. Mayor Wilkins objected to some of Mr. Halliday' s comments and Mr. Halliday clarified that he was reading a letter authored by his brother , Ed Halliday. Councilman Nelson stated that he had requested written specifics from Mr. Halliday the last time he appeared before the Council two or three months ago and, to date, he has received no information. Mr. Warden requested a list of Mr. Halliday' s charges against the Planning De- partment so, that appropriate action, if any, could be taken. A. CONSENT CALENDAR 1. Minutesofthe regular meeting of March 22, 1982 (RECOMMEND APPROVAL), 2. Treasurer' s Report, 3-1-82 to 3-31-82 (RECOMMEND APPROVAL) 3. Award of bid for lease and maintenance of police cars (RECOM- MEND BID BE AWARDED TO ATASCADERO FORD) 4. Award bid for wading pool renovation, Bid No, 82-2 (RECOMMEND BID BE AWARDED TO CENTRAL COAST POOLS IN THE AMOUNT OF $4,450) 5. Tentative Parcel Map AT 811215:1, 4600 Obispo Road, Ted Brim- field (Stewart) rimfield. (Stewart) to allow subdivision of 11.39 acres into four parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION' RECOMMEN- DATION) MINUTES - ATASCADEF*ITY COUNCIL APRIL 12, 02 6. Tentative Parcel Map AT 810205:1, 9755 Atascadero Road, Ray Dodd (Stewart) to extend the time allowed to complete re- quirements for an approved tentative map (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7. Lot Line Adjustment LA 820122x1, 9400 Carmelita, Doug Filipponi (Stewart) to adjust existing lot line so that all existing buildings will be on one parcel (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. Lot 'Line Adjustment LA 820121:1, 8200 Casita, Carpenter/ Anderson (Twin Cities Engineering)" to adjust existing lot line to resolve problem of an encroaching barn (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 9. Departmental Review 8820312:1, 4500 E1 Camino Real, Lutheran Church of the , Redeemer, to construct a 4500 sq. ft. addition to an existing church (RECOMMEND APPROVAL OF PLANNING COMMIS- SION RECOMMENDATION) 10 . Resolution No. 13-82 requesting the California Public Utili- ties Commission to" consider, - amend and adopt regulations gov- erning and regulating street lighting (RECOMMEND ADOPTION)' Mayor Wilkins reviewed all items on the Consent Calendar . Coun- cilman Mackey requested that items A=1 and A-3 be, considered separate- ly and Councilman Highland requested that item A-5 be withdrawn. MOTION: Councilman Nelson moved for the approval of the Consent Calendar with the exception of 'items 1,3 and 5. The motion was seconded by Councilman Highland and unanimously _carried by roll call vote. A-1 Minutes of the regular meeting of March 22, 1982 Councilman Mackey wanted to make clear that the reason she had voted in favor of hiring a negotiator was because she felt it would free Mr . Warden from that task. Mr. Warden said that he would still be involved in the process, but would not have to ;spend the number of hours on the negotiations as he was previously required to do. A-3 Award of bid for lease and maintenance of police cars Councilman Mackey reviewed the number ,of cars to be purchased and leased. A-5 Tentative Parcel Map AT 811215:1, 4600 Obispo Road, Ted Brimfield (Stewart) to allow subdivision of 11.39 acres into four parcels Councilman Highland was concerned about the number of cul-de-sacs " being created and discussed the circulation patterns in the City. Mr . Stevens responded. ..2 MINUTES - 'ATASCADERAITY COUNCIL - APRIL 12, 1*2 MOTION: Councilman Highland moved for approval of items 1, 3 and 5 . The motion was seconded by Councilman Mackey and unanimously carried. B. HEARINGS , APPEARANCES AND REPORTS 1. Public Works Quarterly Departmental Report Larry McPherson, Public Works Director , reviewed the highlights, of activities in his department during the last year including street chip sealing, road reconstruction, road paving; theremodelingof the Administration Building; the park zoo project for a new tiger grotto and the Tercorida-Amapoa drainage moratorium study. C. UNFINISHED BUSINESS 1. Ordinance No. 51 amending Section Map 12-P-32 oftheOfficial Zoning Maps by placing certain property in the RPD-4 Zone second reading MOTION: Councilman Highland moved that Ordinance No. 51 be read by title only. The motion was seconded by Councilman Mackey and unanimously carried. Mayor Wilkins read Ordinance No. 51 by title only. MOTION: Councilman Nelson moved for the adoption of Ordinance No, 51 and that this constitute the second and final reading. The motion was seconded by Councilman Stover and unanimously carried by roll call vote. D. NEW BUSINESS 1. - Review of Atascadero County Sanitation District agreements a. Consideration of award of sewer plant construction con- tract to Pacific Mechanical Corporation in the amount of $2, 509,000 b. Cleanwater Grant Financial Documents C. Fiscal Arrangements between District and San Luis Obispo County Mr . Warden requested that Council adjourn as the City Council and reconvene as the Atascadero County Sanitation District Board of Direc- tors. MOTION: Councilman Highland moved that Council adjourn and that the Atascadero County Sanitation District Board of Directors be convened to conduct District business. The motion was sec- onded by Councilman Nelson and unanimously carried. 3 MINUTES - ATASCADERWITY COUNCIL - APRIL 12, 62 Chairman Wilkins declared the Atascadero County Sanitation Dis- trict Board of Directors to be in session. Mr . Warden reviewed the problems related to the sewer plant project. He informed the Board that the Regional Office of the Far- mers Home Administration has stated that they are prepared to approve the loan; we now need written confirmation. Mr . Warden discussed the various things that remaintobe done and will need to be done in the future, among these being the need to raise sewer rates. He reviewed the bid, the financial documents and the agreements with the Board. Boardmembers discussed this matter and asked several questions to which Mr . Warden responded. Herb LaPrade asked if the the project would service properties outside of Improvement District No. 1. Mr . Warden stated that those inside the District are to be served by the new plant since EPA had approved the grant in response to needs of District residents. MOTION: Director Highland moved that the Board conditionally award the bid to Pacific Mechanical Corporation in the amount of $2,509 ,000 subject to receipt of final written approval and commitment by amount and time of the necessary funds to assure contractor ' s payments by FmHA in accordance with the loan application; and that the Board also approve a Contin- gency fund in the amount of $176 ,000 . The motion was sec- onded by Director Nelson and unanimously carried by roll call vote. MOTION: Director Highland moved that the Board approve the Balance Sheet, Form FmHA 442-3 and the Operating Budget, Form FmHA 442-7 as presented. The motion was seconded by Director Stover and unanimously carried by roll call vote. MOTION: Director Highland moved that the Board approve the Joint Powers Agreement between the County of San Luis Obispo and the Atascadero County Sanitation District as well as the sup- plemental agreement and that the necessary signatures be authorized. The motion was seconded by Director Mackey and unanimously carried by roll call vote. DirectorHighland stated that he wanted to commend Mr . Warden for the time he had put into this project;" he felt that the City would not be where it is today on this project and retention of the loan if it were not for Mr . Warden' s efforts. Chairman Wilkins joined in this commendation and included Mr . Grimes, Mr . McPherson and Mr . Dowell for their assistance to Mr . Warden. MOTION: Director Mackey moved that the Atascadero County Sanitation District Board of Directors meeting be adjourned and that the Council meeting be reconvened. The motion was seconded by Director Nelson and unanimously carried. 4 MINUTES - ATASCADEROITY COUNCIL APRIL 12, 109'2 City Council convened with all members present. • 2. Consideration of visual art project for Las Tabls Avenue Bridge Mayor Wilkins reviewed this item and stated that he did not agree with the concept of the project; he felt that the Department of Trans- portation will be providing administrative support which will cost, although act ui sts would not be the State' s responsibili- ty. He felt th of administering the program could be bet- ter spent on road and highway projects. Councilman Nelson did not feel that he had enough information to vote on the matter . MOTION: Councilman Stover moved that Council turn down the art pro- ject for Las Tables Avenue Bridge; Council feels the State should not be funding this type of project. The motion was seconded by Councilman Mackey and carried with Councilman Nelson voting no. 3. Consideration of Recognition Petition for the General Ser- vices Unit represented by Local 660 SEIU Mr . Warden reviewed the recognition process. He recommended ap- proving the Petition for Recognition of the General Services Unit which excludes clerical, accounting and engineering aide positions. MOTION: Councilman Nelson moved that Council recognize the General Services bargaining unit. The motion was seconded by Coun- cilman Mackey and unanimously carried. 4. Consideration of policy for payment of fire hydrant installa- tion and maintenance Mr . Warden stated that Staff had been working with the Mutual Water Company to arrive at an arrangement for installation and main- tenance of fire hydrants. He suggested that Council approve the pro- gram as outlined in the staff memo dated April 7, 1982. Councilman Mackey was not in favor of supporting the Water Com- pany' s increase in charges without knowing exactly how much those charges were going to be. Mr . Warden explained that it would only be a matter of cents per month to recover the costs of hydrant installa- tion and maintenance. MOTION: Councilman Highland moved that Council send a letter to the Water Company Board of Directors supporting a fee increase and their participation in this program. The motion was sec- onded by Coucilman Stover and carried with Councilman Mackey voting no. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Mackey stated that the Atascadero Beautifica- tion Committee is sponsoring a contest inviting pic 5 MINUTES ATASCADEACITY COUNCIL - APRIL 12, 02 tures, drawings and essays about trees. The contest closes April 30th. . (b) Councilman Mackey stated that she has received some calls concerning the City' s nuisance abatement program and stated that she hoped everyone would abate their nuisances before it gets to Council for consideration. 2. City Attorney Mr . Grimes had nothing to report. 3. City Manager (a) Mr . Warden discussed the new parking signs which are being installed and suggested an enforcement program involving notices in the newspaper and a week of issuing only courtesy notices before citations are actually issued. Council agreed. (b) Mr . Warden asked for the Council to determine how they wished to handle the zoning ordinance hearings. He sug- gested summarizing the ordinance rather than going page by page, as the Planning Commission had done, with full opportunity for public comment. Then they could spend more time on problem areas as needed. It was agreed that one hour each meeting would be set aside for zoning ordinance hearings. (c) Mr . Warden reviewed the letter from Joy Picus, Council- member in Los Angeles, regarding the Great California Resource Rally. (d) Mr . Warden stated that the League of California Cities is considering holding additional New Mayors and Coun- cil Members Institutes after the June 8th elections in order to accom- modate those cities changing their election dates. (e) Mr . Warden requested a closed session to discuss labor negotiations; he did not anticipate that there would be any announcements after the closed session. The meeting adjourned to closed session at 9: 27 p.m. and returned to regular session at 10: 20 p.m. at which time Council adjourned. Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 6 0 0 P� _;' i MINUTES ATASCADERO CITY COUNCIL Adjourned Regular Meeting April 12, 1982 7: 00 p.m. Atascadero Administration Building -- The meeting was called to order at 7:00 p.m. by Mayor Wilkins. He noted that the meeting was called for the purpose of interviewing ap- plicants for Parks and Recreation Commission. PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins ABSENT: None Councilmembers interviewed. Deborah A. Fiorino, Richard Ivie, Peter P. Krug, Jr . , and Owen Smith. Mr. Warden 'passed out voting ballots and Council voted as follows: Councilman Highland Richard Ivie Councilman Mackey - Richard Ivie Councilman Nelson Owen Smith Councilman Stover - Richard Ivie Mayor Wilkins - Owen Smith Richard Ivie was selected as Parks and Recreation Commissioner to fill the; unexpired term of Peggy Robertson which will expire on June 30 , 1984. Themeetingadjourned at 7: 30 p.m. Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 4 MEMO- RAN DUM -- TO: City Council FROM: City Manager SUBJECT: Parking lot property resolution This is the third purchase and is exactly the same procedure followed in the last two purchases. Recommend your adoption. MU RAY WARDEN MLW:ad 4-22-82 i RESOLUTION NO. 14--82 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE PURCHASE OF PARCEL NO. 3 IN `ACCORDANCE WITH THE AGREEMENT BETWEEN THE CITY AND V. M. COOK, ET AL, RELATING TO THE PURCHASE OF MALL PROPERTY WHEREAS, The Council of the City of Atascadero has approved an Agreement beween the City and V. M. Cook, et al, relating to the purchase of Mall Property; and WHEREAS, the Council desires to authorize the purchase" of Parcel No. 3 in accordance with the terms and provisions of the referenced Agreement for purchase of Real Property. NOW, THEREFORE, BE IT RESOLVED by the Atascadero City Council that the appropriate officers of the City are hereby authorized and directed to , do and perform any and all acts and things re- quired, and to attest, execute and deliver any and all documents and instruments necessary or proper to carry out, perform and consummate the terms and provisions of the aforesaid agreement to purchase Parcel No. 3 on behalf of he City of Atascadero. On motion by Councilman and seconded by Councilman= the foregoing resolution is hereby adopted - in its entirety on the following vote: AYES ,NOES: ADOPTED: ROBERT J. WILKINS,- JR. Mayor ATTEST: MURRAY L. WARDEN, City Clerk APPROVED AS TO FORM: 1 ALLEN GRIMES, City Attorney 04 - MEMO RAN D U M TO: City Council FROM: City Manager SUBJECT: Weed abatement - The attached resolution is necessary to declare weeds a nui- sance in order to get them abated for fire protection purposes. This resolution initiates the annual weed abatement process fol- lowed by property posting, hearing by any affected property own- ers and a final allocation of costs Recommend your adoption of the resolution. M RRAY'` WARD N i MLW:ad, 4-26-82 0 j RESOLUTION NO. 15-82 RESOLUTION OF THE CITY OF ATASCADERO DECLARING WEEDS A PUBLIC NUISANCE AND COMMENCING PROCEEDINGS FOR THE ABATEMENT OF SAID NUISANCES The Atascadero City Council does hereby resolve as follows: Section 1. Thatweedsgrowing or potentially could grow, and rub- bish, refuse ub-bish, ' refuse and dirt upon public and private property constitute or could constitute a public nuisance and are hereby declared to be such, for the reason that such weeds upon maturity will bear wingy or downy seeds, will attain such a large'; growth as to become a fire menance when dry, will be otherwise noxious or dangerous, or will constitute or potentially could constitute dry grass, stubble, brush, litter or other flammable material thereby creating a hazard to public health. Section 2. The Fire Chief is hereby ordered and directed to post notices for the required removal of said noxious or dangerous weeds, or other flammable material found upon or in front of the property in the City of Atascadero. Section 3. The time at which the City Council shall hear and con- sider all objections or protests to the required removal of said nox- ious or dangerous weeds, or other flammable material will be at 7: 30 p.m. , June 14, 1982. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ADOPTED ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDEN, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney 04 _M_E_M O_R —N D U—M TO: City Council FROM: City Manager SUBJECT: Weed abatement I!� The attached resolution is necessary to declare weeds a nui- sance in order to get them abated for fire protection purposes. This resolution initiates the annual weed abatement process fol- lowed by property posting, hearing by any affected property own- ers and a final allocation< of costs. Recommend your adoption of the resolution. M R RAY WARD N MLW:ad 4-26-82 RESOLUTI 15- RESOLUTION CALLING FOR TH T OF WEEDS AND SETTING A HEAR TE FOR PR TS WHEREAS, all noxious or dangerous weeds, or other mmable material found upon on in front of property in the City of Atas- cadero constitute or potentially could constitute a public nui- sance; and WHEREAS, such weeds, upon maturity, will attain such a large growth as to become a fire menace when dry; and WHEREAS, such fire+ e will endanger the public safety by creating afire hazard, and WHEREAS, the fire hazard must be abated by the removal of said flammable or dangerous weeds and material, otherwise they will be removed and the nuisance will be abated by the City au- thorities; and WHEREAS, the cost of such removal shall be assessed upon the lots and lands from which or in front of which such weeds are removed, and such cost will: constitute a ,lein upon such lots or lands until paid. NOW, THEREFORE, BE IT RESOLVED by the Atascadero City Council as follows: 1. The Atascadero Fire Department is directed to post no- tices for the required removal of said noxious or dan- gerous weeds, or other flammable material found upon or in front of the property in said City. 2. The time at which the City Council shall hear and consi- der all objections or protests to the - required removal of said noxious or dangerousweeds, or other flammable material will be at 7:N p.m. , June 14, -1982. On motion by Councilman and seconded by Councilman' , theforegoing resolution ishereby- adopted in its entirety on the following votes AYES: NOES• ADOPTED: ROBERT J. WILKINS, JR. , Mayor . ATTEST: MURRAY L. WARDEN, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney i M E M 0 R A N D U TO: CITY MANAGER/CITY COUNCIL April 20, 1982 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 811211:1 LOCATION:_ 8030 E1 Camino Real (Lot 100 Block 7) APPLICANT: Everett and ,Ruth Knight On February 16, 1982 the City Council approved tentative Parcel Map AT 811211:1 creating two parcels of approximately .33 and 45 acres each, subject to certain conditions and in concurrence with the rec- ommendation' of the Planning Commission. The zoning is C-2-D (518) and the General Plan designation is Heavy Commercial. Staff review has determined that all conditions of ap- proval have been met. On April 19, 1982 the Planning Commission re- viewed this matter and recommended acceptance of the Final Map. LAWRENCE STEVENSMU Y L WARDEN Planning Director City M ager /ps i �aOy� � ak Wst�� 22aa �n � M 'Myr 7r. 1975 H24 N �OIlk • n y ' /^� e� O yin QI i O ^ 2 C7< n M p� 33 0 oa n to n,�MaZo m aoma � a yip c ` a 8p 4 ✓ C a ` 16 rul cl zt rn m �. t61 cl a b v , ASlc b / /- �� i a809 39 dab V a M E M O R A N D U M : TO: CITY MANAGER/CITY COUNCIL April 20, 1982 FROM: PLANNING DIRECTOR SUBJECT Acceptance of Parcel Map AT 810722 :1 LOCATION: 4605 Carrizo Road (Lot 6 , Block 49) APPLICANT: Ralph Brink (Hilliard) On October 12, 1981 the City Council approved tentative Parcel Map AT 810722 :1 creating two parcels of approximately 2 . 5 and 2 . 68 acres each, subject to certain conditions and in concur- rence with the recommendation of the Planning Commission. The zoning is A-1-2� and the General Plan designation is Suburban Single Family Residential. 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N.7 ,ypy7,9N6EYT v. �ovfross �a ress® ✓i€ur A.o aarrov� .v �. a A y¢ x A.vo PUBt+G 4,bett OE.�: x t! v� rp SNee� orm To /a54A4AcE Oe 3UV-0: O49774 b �s C'o ^+BO n .�tvw< "t/ o �m'ai.e=/se?vst?' c=aw«r.e a.� �• Wit@' s.�Y°� .rr-arr,�o-. +r 6'eo'3Y'2•/f!?f Stl'Gs2m,32'ro @ p6 0� Nom. ,Q.d'!'•3C;9n'. +f. c' R++wt?Y,sn'a+.sa.sc'ro w_ .e�..•e<.5.,l0?4 'b �- �� : � a es. d..(g"O/S2".4•Y?2S©'Ga dr/B'd'S/'.f=Y7x.97'C".+.Te.ZY.B3fv '� �y !•L Q1Z NY.cV'S1'i2 E i9.6 r �d+d.[S'<'Y'.¢.• y L Z 2R?�.5+..3/G if+S 4CT1,.3b'G<2O9' 44 SL roam.q•i..es:.rwF<or6 Q�-�... _ j Y o•o•2z 2Z ¢/929,va'v K.JG' ti tit'/6 J+w .SL:Gd 1 p h M f o.•4A M E M O R A N D U M • TO: CITY MANAGER/CITY COUNCIL April 20, 1982 FROM: PLANNING DIRECTOR SUBJECT: Acceptance, of Lot Line Adjustment LA 810817 :1 - LOCATION: 5300 Traffic Way (Lots 30, 31, Block DA) APPLICANT: Ernest and Neta Simon On November 23, 1981 the City Council approved Tentative ;Lot Line Adjustment LA 810817 :1 to resolve a building encroachment, subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is R-3-B-2-D and the General Plan designation is High Density Multiple Family Residential.- Staff review has determined that all conditions of approval have been met On April 19 , 1982 the Planning Commission reviewed this matter and recommended ac- ceptance of the Final Map LAWRENCE STEVENS MU11RAY It. WARDEN Planning Director City Ma ager /Ps Vt 6 �4e ? rj ja 41, Aq ���!!!"`�• �',( .>,-,. rte,.. � - '- (fid l'�`\V. bT�i• Y4Q..�1a4 4 tom. -toy. rte. tx r w ro ,.get { e�noe 0 a f x � � O / 0 �f I� M E M O R A N D U M: : • TO: CITY MANAGER/CITY COUNCIL April 20 , 1982 ' FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Lot Line Adjustment LA 811021:1 LOCATION: 5880 Encino (Lots 2,3 , Block AC) APPLICANT: Garry and Virginia Brill (Stewart) On January 11, 1982 the City Council approved tentative Lot Line Adjustment LA 811021:1, adjusting the lot line for better access, subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The zoning is R-A-and the General Plan designation is Moderate Density Single Family Residential. Staff review has determined - that all conditions of approval have been met, On April 19 , 1982 the Planning Commission reviewed this matter and recommended acceptance of the Final Map. LAWRENCE STEVENS MUR Y L WARDEN Planning Director Ci Ma ger /Ps NNS � U c [162.9 bqd y ^ y ^� yy o C !4 G o�l�,,x'90 lQ (Vol��+ coobMayaa o + C _ p W O ` pp ° \ / G� 4 ^ N Za aZ � cs � HOnpp ~ �i. qp Eby ^~iy ° BEARINGS R1 = t a `'BASIS � M CALL) 210.94! n a o C p ,0 a m a s o30'W(Ram) 2/r.Pdf w w N7 16Z j (M) °6f , �� 2 ^� � t Ns�Q- Ep;S yob g go � 262a23 30) a .Y 10113p�-{/ [94fN11 ,10042' Z 2 a c,� ` b itb_ o -t n n y 3'a `r` a. �..b NO°/9•ABN£-� 9.83 75'(MJ E24':75 fti1J NANO'19'48"£- /45.44(M) NORTNf R1,'144.700 CALCJ `C 0-3 � aZ Q. A s tl9p9y a y �ti a SgN7.4 b M q'b n my�°*yo� H y•t r � �a a w M E M O R A N D U M : TO: CITY MANAGER/CITY COUNCIL April 19, 1982 FROM:, PLANNING DIRECTOR SUBJECT: Rules of Procedure for the Building and Construction, Board of Appeals On April 15 , 1982 the Appeals Board reviewed the attached rules of procedure and unanimously recommended their approval. The adopting ordinance requires Council approval of these rules of procedure._ 007 LAWRENCE ^STEVENS *yMa' L: WARDEN Planning Director Cger I /Ps RULES OF PROCEDURE FOR THE CITY OF ATASCADERO BUILDING AND CONSTRUCTIONBOARD OF APPEALS Section 1. GENERAL. The following rules of procedure, in addition to the requirements set forth in' Atascadero Municipal Code Sections 8.04.120 and 8.04.130, shall govern all meetings of the Building and Construction Board of Appeals (hereinafter referred to as "Board") Section 2. MEETINGS. (a) Meetings: The Secretary of the Board shall set the time and place for a meeting within eight (8) work- ing days of receiving an appeal. - (b) Annual Meeting: The Board shall meet in March of each year to elect a Chairman and Vice Chairman. Section 3. ATTENDANCE. No Board member shall ;miss more than two (2) consecutive meetings unless excused for good cause. . Section 4. RECORD OF HEARING. Any person may request a record of the hearing in the same manner as is set forth in the rulesof proced- ure of rocedure .of the Planning Commission. Section 5. ORDER OF BUSINESS . All meetings of the Board shall be open to ; the public. The business of the: Board shall be taken up for consideration and disposition by the Board in substantially the fol- lowing ;order, except as may be otherwise ordered by the Chairman: ' 1. Call to Order 2. Roll Call Building & Construcen Board of Appeals • 3. Hearings on appeals 4. Adjournment Section 6. TERM AND DUTIES OF PRESIDING OFFICER. The Chairman and Vice Chairman shall be elected at the annual meeting of each year which shall be held in March, and shall serve for a period of one year or until a successor is elected. The Chairman, or in his absence the Vice Chairman, shall be the presiding officer and shall assume his place and duties as such immediately following his election. He shall vote on all questions. Section 7 . CALL TO ORDER. The Chairman, or in his absence, the Vice Chairman, shall take the chair at the hour appointed for the meeting, and shall call the Board to order . In the absence of the • Chairman and the Vice Chairman, the Secretary or his assistant shall call the Board to order, whereupon a temporary chairman shall be elected by the Board members present. Upon the arrival of the Chair- man or the Vice Chairman, the temporary chairman shall relinquish the chair at the conclusion of the business then before the Board. Section 8. ROLL CALL. Before proceeding with the business of the Board, the Secretary shall call the roll of the Board members and the names of those present shall be recorded. Section 9. QUORUM. A majority of the Board shall constitute a quorum, and a majority of such quorum may transact business. Less than a quorum may adjourn from time to time. When there is no quorum for a meeting, the Chairman, Vice Chairman, or any Commissioner shall adjourn such meeting, or if no Commissioner is present the Secretary 2 Building & Constru0on Board of Appeals shall adjourn the meeting. Meetings shall be adjourned to a fixed time and place or shall be rescheduled with proper notice. Section 10. PREPARATION OF FINDINGS. The findings of the Board shall be kept by the Secretary and shall be neatly typewritten in a book kept for that purpose, with a record of each appeal clearly identify- ing the subject, date, place of hearing and a summary of the disposi- tion including findings; provided that the Secretary shall be required to make a record only of such business as was actually passed upon by a vote of the Board, and shall not be required to record any remarks of Board members, except as required to assure a complete record of testimony offered and considered by the Board of Appeals. A record shall be made of the names and addresses of persons addressing the Board, the title of the subject matter to which their remarks related, and a summary of remarks pertaining to the hearing. All written mat- • erials offered as evidence shall be made a part of the official hear- ing record. Section 11. APPROVAL OF FINDINGS The Secretary shall prepare a written record of the Findings of the Board. If written Findings are not approved at the hearing by the Board, the Secretary shall prepare such written Findings within ten (10) working days of the meeting. Each Board member ;shall review the Findings and shall notify the Sec- retary within ten (10) days of any objections to the Findings. If there are no objections or no response within the ten (1'0) days, the Secretary shall then prepare the approved Findings which are to be signed by the Presiding Officer. If there are objections to the Find- ings by any Board member , the Secretary shall convene a meeting to re- solve the matter . The Secretary shall cause a copy of the Findings 3 Building & ConstrucAn Board of Appeals thereof to be forwarded to each Board member , the City Manager and De- partment Heads. Section 12. RULES OF DEBATE. (a) Presiding Officer May Debate and Vote. The presiding of- ficer may move, second, and debate from the chair , subject only to such limitations of debate as are by these rules imposed on all Board members and shall not be deprived of any of the rights and privileges of a Board member by reason of his acting as presiding officer . (b) Getting the Floor--Improper References to Be Avoided. Each Board member desiring to speak shall address the Chair , and upon recognition by the presiding officer , shall confine himself to the question under debate, - avoiding all personalities and indecorous language. • (c) Interruptions. A Board member once recognized shall not be interrupted when speaking unless it be to call him to order , or as herein otherwise provided. If a Board member, while speaking, be called to order , he shall cease speaking until the question of order be determined, and if in order , he shall be permitted to proceed. Section 13 . PRESENTATION OF TESTIMONY AND EVIDENCE. (a) Each person addressing the Board shall give his name and ad- dress in an audible tone of voice for the record. All remarks shall be addressed to the Board as a body and not to any member thereof. No person, other than the Board members and the person having the floor , shall be permitted to enter into any discussion without the permission of the presiding officer . 4 Building & Construd*on Board of Appeals • (b) Persons addressing the Board shall limit their presentation to the appeal being heard and may present in addition to oral testi- mony written materials and related information. Any such material shall be made available to the Secretary for inclusion in the official record. (c) Persons addressing the Board may indicate their professional and technical qualifications for inclusion in the official record. (d) Letters, petitions or similar correspondence supporting or opposed to any item being heard shall not be accepted as evidence by the Board unless the person or persons presenting such evidence appear before the Board to allow questions and answers on the particular viewpoint being presented. This limitation shall not apply to employ- ees of Code authorities or other government agencies. Section 14 . ,, tENCE Unless a Board • member states that he is not voting, his silence shall be recorded as an affirmative vote. Section 15. DECORUM. (a) By Board Members. While the Board is in a meeting, the Board members must preserve order and decorum, and no Board member shall, by conversation or otherwise, delay or interrupt the proceed- ings or the peace of the Board or disturb any Board member while speaking or refuse to obey the orders of the Board or the presiding officer , except as otherwise herein provided. (b) By Other Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Board shall be forthwith by the presiding officer barred from 5 Building & ConstructOn Board of Appeals • further audience at said meeting before the Board, unless permission to continue be granted by a majority vote of the Board. Section 16. MEMBERS MAY ENTER MINORITY OPINION IN FINDINGS. Board Members shall have the right to have the reasons for his dissent from or protest against any action of the Board or expression of a minority opinion entered in the Findings. Section 17. ROLL CALL VOTE. A roll call vote shall be taken and recorded on any vote. The Secretary shall .gall the names of the Board members in random sequence. 6 i April 20, 1982 Jay Salter ---- 7630-A El Camino Real Atascadero Murry Warden - Administrator and Clerk City of Atascadero Dear Mr. Warden-- In behalf of Larry Waugh, candidate for City Council, The CWA Psych Tech Union, the Greater Rural Economic Emancipation Network, and other local citizens ' groups and individuals, this letter is to inform you of our request for an allocation of time on the April 26 City Council agenda for the purpose of presenting the Council with a r�e_=s�o14n in support of the California Nuclear Arms Freeze Initiative. In view of the present urgency connected with this issue and of the interest generated by it within our community, we feel this request deserves your serious con- sideration, as well as that of the Council itself. /}ard , �nllJayter, Campaign Manager, -:Waugh For City Council; Chairman, CWA Psych Tech Union Membership Committee. INITIATIVE MEASUR TO BE SUBMITTED DIRECTLY TO THE VOTERS' The Attorney General of California has p ed the following title and summary of the chiewoses and points of the proposed measure NUCLEAR_WEAPONS. INITIATIVE STATUTE. Proposes enacting a statute that requires the Governor of California to write a specified communication to the President of the United- States and other identified United States officials. This communication would identify the people's concern about the danger of nuclear war between the United States and the Soviet* Union. It would urge that the United States Government propose to the Soviet Union Govern- ment that both countries agree t,o immediately halt the testing, production and .further deployment of all nuclear weapons, missiles and delivery systems in a way that can be check- ed and verified by both sides. Fiscal impact on state and local governments: The Legislative Analyst and the Director of Finance advise that the initiative would not have any direct fiscal effect on state and local governments. California Bilateral Nuclear Weapons Freeze Initiative To the Honorable Secretary of State of California: We, the undersigned, registered, qualified voters of California, residents of County (or City and County), hereby propose amendments to the Statutes of California,"relating to Bilateral Nuclear Weapons Freeze, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any specialstatewide election held prior to the general election or otherwise provided bylaw. The proposed.statutory amendments read as follows: Section 1. Findings and Declarations. We, the people of the State of California, do hereby find;and declare: (a) The safety and security of the United Stages must be paramount in the concerns of the American people. (b) The substantial and growing danger of nuclear war between the United States and the Soviet Union which would result in millions of deaths of the people in California and throughout the nation, ca be reduced by an agreement thatbothcountries immediately halt the testing, production and furthe deployment of all nuclear weapons, missiles and delivery systems in a way that can be checked and verified by both sides_ (c) This measure is necessary to reduce the threat of nuclear war to the health and well,being of the citizens of California and the entire country. F` Section 2. Text of Transmittal. The Governor shall prepare and transmit on or before Declember 31, 1982, the following written communication to the President of the United States, the Secretary of Defense, the Secretary of State and all members of the UnitedStatesCongress: "The People of the State of California, recognizing that the safety and security of the United States must be paramount in theconcerns of the American people; and further recognizing:that our national security is reduced, not increased, by the growing danger of nuclear war between the United States and the Soviet Union which would result in millions of deaths of people in California and throughout:the nation; do hereby urge that the Government of the United States propose to the Government of the Soviet Union that both countries agree to immediately halt the testing, production and further deployment of all nuclear weapons, missiles and delivery systems in a way that can be checked and verified by both sides." INSTRUCTIONS TO CIRCULATOR Elect,cn oftruals­11 chec,each signature address and date on ih,�pent:on and will 6 AFTER THIS PETITION IS FILLED WITH AS MANY SIGNATURES AS YOU CAN GET, invalidatesignatures of all persons who do not foiov.the insl,uchors betPic -ase P ase COMPLETE "DECLARATION OF CIRCULATOR' SECTION AT BOTTOM OF SIG- read and fo!Iow ca•etutly 1 NATURE PAGE Atsign-tures must be obtainedD.e rt t.YOUMUSTBE A CURRENTLY REGISTERED VOTER TO SIGN.OR.CIRCULATE THIS. t.^e Declarrat,o of C.•culatnr unfit you are rear to etu n the pet t nn The De alo PETITION if you have moved since voting and nave not.yet lie emstered you. :.on mus`ne vned and dated a'ter the gnat„r a r cr,n� .Ind Th” p l..t n. must do so in order to validly.circulate.this petition. Also all signers of this pe.hhon and all names on it will be invalid unless you comniete ALL+i•.i}uPJ eri...n r^at,nn must he c..rtenlly registered to vote in woer to,their signatures lb be valid -inClUd'ng the cnu^.ly!n wnich you are reglcle•ed and tho Thede datr 'enueslarl 2-FILL IN THE COUNTY(OR CITY AND COUNTY)WHERE PETITION IS TO BE-CIR- 7.WHILE ITIS MOST HELPFUL IF:ALL THE SIGNATURE SPACES ARE FILLED WITH CULATED..ON BOTH SIDES OF THIS SHEET IN SPACES MARKED A.&B.You may VALID SIGNATURES.THIS PETITION IS VALID AND IMPORTANT EVEN IF IT CON- circulate'pelibons in any county-but each petition may be circulated In only ONE TAINS ONLY ONE SIGNATURE. Rememner.'even w th one ginature..you must coup ' and_aned only by registered voters in that county still como!ete spaces A& B.as we[!as the Declaration.of Cvculator.section 3.YOU MAY.CIRC.ULATE AS.MANY PETITIONS AS'YOU LIKE.BUT MAY SIGN ONLY ONE 8..IF ANY.SIGNERS OF THIS PETITION WOULD LIKE TO CIRCULATE:THEIR OWN PETITION IN SIGNATURE SPACES. PETITION.PLEASE CIRCLE IN PENCIL THE NUMBER NEXT TO THEIR SIGNATURE. 4.MAKE SURE SIGNERS.COMPLETE ALL INFORMATION REQUESTED IN SIGNATURE it you cannot Give them petitions directly.we will m„,pet.I,nns to Cher-. MT—WIPPI-;--AARPF o-IT Ic VFPV iMpn RTANT THAT.WF KFEP AN ACCURATF COUNT OF.SIGNATURES • • M E M 0 R A N D U M ' TO: CITY MANAGER/CITY COUNCIL April 21, 1982 FROM: PLANNING DIRECTOR SUBJECT: ZONE CHANGE Z811124:1 DEPARTMENTAL REVIEW 2811124:1 TENTATIVE TRACT MAP AT 811124:1 APPLICANT: John Kleinhammer (Westland Engineering) REQUEST: To change the zoning from R-1-B-2-D to R-4 on a portion of the property . and to modify the "D(532) " combining district requirements for the entire property and to construct a commercial office project with approximately 14 ,000 square feet of floor area. On February 1, March 1 and April 5, 1982, the Planning Commission • conducted public hearings on the subject matters adopting a Condi- tional Negative Declaration and approving the various applications per the attached Staff Reports as follows: 1) Zone Change from R-1-B-2-D(506) and, R-4-D(532) to R-4-D 2) Departmental Review for offices subject to Conditions 1-18 (in- cluding the alternate Condition #10) 3) Tentative Tract Map for offices to; become condominiums subject to Conditions 1-5 There was considerable discussion among the Commission concerning ap- propriate setbacks on these double frontage lots and concerning the buffering of the existing single family residential uses from the pro- posed offices. Several alternate designs were considered during the hearing process and the setback/buffer problem was resolved by in- creasing the Navajoa setback and decreasing the Morro Road setback. There was also some discussion on the alternate improvement standard for Navajoa curb, gutter and sidewalk. Terry Orton, applicant' sengineer , appeared at each of the hearings and indicated his concurrence with the recommendation. Al Sherman, area resident, spoke in opposition to rezoning the Navajoa frontage for commercial use and also commented on drainage problems in . the area. Zone Change/Dept. Review/Tract Map (Kleinhammer) Andy Unruh, area resident, objected to the twostory structure and ex- pressed concern over area-wide traffic. Eric Michiellson spoke in support of the project. John and Linda Holm, property owners on Navajoa, expressed concerns over drainage, the two story structure, and impacts on the residential neighborhood. Arthur Perella, area resident, indicated his support for concrete curb, gutter and sidewalk. No one else appeared on the matter . law A00 d t4 LAWRENCE STEVENS M Y L. RDEN Planning Director -Cit Man er /ps 2 9 �..�nlr r € r, CITY OF ATASCADERO "R! is7a Planning Department April 5, 1982 STAFF REPORT i SUBJECT: ZONE CHANGE Z811124 :1 LOCATION: 7350 Morro Road/7355 Navajoa (Lot 12, Block RB) APPLICANT: John Kleinhammer (Westland Engineering) REQUEST: To change the zoning from R-1-B-2-D to R-4 on a portion of the property and to modify the "D (532) " combining district requirements for the entire_ property. BACKGROUND 1. Existing Zoning: R-4-D (532) for the front (Morro Road) portion of the lot and R-1-B-2-D (506) for the rear (Navajoa) portion of the lot. The "D(506) " means setbacks are equivalent to those required by the underlying R zone, while "D(532) " means: "a. Departmental Review required for all uses. b. Multiple family projects shall require a minimum building site of 10, 000 square feet, with the number of allowable units determined by the following table: No. of Bedrooms Required Area Per Unit 1 2400 sq. ft. 2 3600 sq. ft. 3 4800 sq. ft. 4 5900 sq. ft. C. All developments shall emphasize the use of natural mat- erials in exterior finishes, and landscaping to minimize visual impact of structures and soften paved areas. d. All yard areas abutting streets shall be considered front yards requiring 25 foot setbacks, to be landscaped with natural plant materials, with no off-street parking per- mitted therein. e. Maximum building height shall be 25 feet. f. Six foot screening fencing shall be required on all in- terior lot lines abutting single family districts. Page Two Re: Zone Change 2811124 : 1 (Kleinhammer)` April 5, 1982 g. All developments shall require review and approval of drainage plans by the City Engineering Department to minimize potential flooding problems. � h. Signing shall not exceed 20 squareuare feet aggregate area without conditional usePP ermit approval. P i. No new lots created less than 10, 000 square feet. j. Offices are allowable uses in the C-R-D Zone. 2. General Plan: Commercial-Professional 3. Environmental Determination: An Initial Study Environmental Description form has been completed. The Planning Director has issued a Negative Declaration indicating the project will not have a significant adverse environmental effect and the preparation of an Environmental Impact Report is not necessary. 4 . Site Conditions : The lot is currently undeveloped and is generally level. Vegetation consists of natural grasses. Sewer and water facilities are known to be available to the property. The lot is bounded on the north by an older resi- dence now used for an ambulance service and other single family residences, on the east by Morro Road, on the south by a vacant lot and residences, and on the west by single family residences across Navajoa. 5. Project Description: The applicant proposes to change the zoning from R-1-B-2-D to R-4 on the rear (Navajoa) portion of the property. In addition, the applicant proposes to modify the "D" designation of the existing R-4-D zoning and to incorporate those modifications into the requested zoning. The changes are requested in order to accommodate the proposed development of an office condominium project. The site plan for the development indicates a 10-foot setback along Navajoa. This setback represents a deviation from the current 25-foot setback requirement so the applicant proposes that the "D" attachment to the requested and existing R-4 zone be modified to allow such a reduction in setback along Navajoa. 6. Prior Action: On February 1, 1982 the Planning Commission approved a change of zone from R-1-B-2-D and R-4-D(532) to R-4-D with the "D to mean: "a. Development of the property shall be limited to business and professional offices, single family dwellings, public Page Three Re: Zone Change Z811124: 1 (Kleinhammer) April 5, 1982 utility offices, parks and playgrounds, personal services and home occupations. b. Provisions shall be made to develop a suitable screening buffer which may include landscaping, fencing or similar between an office development and surrounding residential uses. c. Access shall be provided to the property only from Morro Road. d. Six-foot screening fencing shall be required on all in- terior lot lines abutting single family districts. e. A 25-foot setback shall be provided along Navajoa pro- vided, however, that building (s) not exceeding one-story and fifteen (15) feet in overall height and off-street parking may encroach into said setback not more than 15 feet if appropriate landscaping, building architecture, and site design is utilized to minimize visual impacts on adjacent residential properties. " This zoning is not yet effective since the Commission recommendation has not been forwarded to City Council at the applicant' s request while revised plans for the Departmental Review are pending. In reviewing those revised plans concern has been expressed that the setback requirements (Condition 5 of the "D" ) were tailored too much to the Washburn project rather than to the overall situation. STAFF COMMENTS At the present time, the zoning ordinance does not have a zone which specifically corresponds to the Commercial-Professional land use designation of the General Plan. However, as was indicated in the Project Description above, this zone change application is submitted in an effort to resolve the conflict between the exist- ing zoning and the General Plan. The intended development is considered consistent with the General Plan land use designation of Commercial-Professional. Until an appropriate zone is developed for the zoning ordinance text, the R-4 zone would seem appropriate on an interim basis. The "D(532) " combining district designation of the existing R-4 zoning currently requires, among other standards, that: "d. All yard areas abutting streets shall be considered front yards requiring 25-foot setbacks, to be landscaped with natural plant materials, with no off-street park- ing permitted therein. " Page Four Re: Zone Change Z811124 : 1 (Kleinhammer) April 5, 1982 The intent. is to provide a suitable buffer with adjacent single family residential uses by requiring the setback to be identical in treatment to the R-1 Zone (i.e. , 25 feet in depth, parking prohibition) . This represents a fair and reasonable means to achieve a suitable buffer and similar approaches are often used when residential and commercial uses share the same road frontage. However, the goal of creating a suitable buffer can be achieved in many ways including building height restriction, vary,permis- sible building height based on setback, landscaping treatment to minimize the appearance of bulk, fencing requirements , access limitations for vehicles and/or pedestrians, parking prohibitions in setbacks, parkingencroachmentsallowable based on specified performance standards, and numerous other similar techniques. It is important to remember that the selection of appropriate pp opriate buf- fering techniques must consider not only the impacts on the com- mercial land owner, but also those on the residential land owner. In past actions on a similar project (Washburn) on Morro Road, the 25-foot setback was retained but a building limited to a single story not to exceed 15 feet in height was allowed to encroach in the setback a minimum of fifteen feet. The current request has proposed a two-story building with a height of 25-feet with a 15-foot encroachment. If the "D" standards applied to the Wash- burn project are adopted, the project would have to be redesigned. The Commission should also be aware of a previous zone change affecting Navajoa for Barksdale in which the "D" was also changed but for which the 25-foot setback for a double frontage lot was not changed. There were no development plans promoting a lesser setback at that time. A review of the hearing draft of the new zoning ordinance which is now undergoing public hearing reveals the following: Section 9-4.106 (b) states that there are no front ` setbacks for office zones - Section 9-4 .106 (d) allows the applicant to select the setback for a double frontage lot unless 500 of the lots are developed with the same front yard orientation in which case all remaining front set- backs are to be with the majority. The full front setback is required and the remaining setback of the double frontage lot is to be one-half of the front setback . - Section 9-4. 107 (b) states that there is no side setback for commercial zones but does not mention office zones , Page Five Re: Zone Change Z811124 : 1 (Kleinhammer) April 5, 1982 - Section 9-4 . 108 (b) states that there is no rear setback for commercial zones except when abutting a residential zone where the setback is 15 feet with a one foot increase in the setback for each three feet of building height over 12 feet. Office zones are not mentioned. Using the above, if adoped in the draft ordinance, no setbacks would be required for the project, but it is evident that the late addition of the office zone due to the recent General Plan Amendment resulted in offices being lumped into the same setback category. Staff intends to make some revision to these Sections in that regard. Without getting into a detailed rewriting of those Sections here, the following guildelines nevertheless seem appropriate: - a lesser front setback than the R-4 zone now requires seems appropriate (probably 15 feet) - a rear setback (or double frontage adjustment) which protects the residential area - allow minor encroachment of parking and one story buildings if adequately buffered - provide for reasonable setbacks in commercial residential transitional areas FINDINGS 1. The project will not have a significant adverse effect upon the environment and the preparation of an Environmental Impact Report is not necessary. 2. The recommended rezoning is consistent with the Commercial Professional designation by the 1980 Atascadero General Plan. 3. Adequate provision has been made to assure that the transition between the commercial and residential areas will be buffered in an appropriate manner. RECOMMENDATION Based upon the Findings the Planning Department recommends adoption of a Negative Declaration and approval of Zone Change Z811124 : 1 from R-1-B-2-D and R-4-D (532) to R-4-D with the "D" to mean: Page Six Re: Zone Change 2811124 :1 (Kleinhammer) "1. Development of the property shall be limited to • business and professional offices, single family dwellings, public utility offices, parks and play- grounds, personal services and home occupations. 2. Provisions shall be made to develop a suitable screening buffer which may include landscaping, fencing or similar between an office development and surrounding residential uses. 3. Access shall be provided to the property only from Morro Road. 4. Six-foot screening fencing shall be required on all interior lot lines abutting single family districts. 5. A 25-foot setback shall be provided along Navajoa pro- vided, however, that building(s) not exceeding one- story and fifteen (15) feet in overall height and off- street parking may encroach into said setback not more than 122 feet if appropriate landscaping, building architecture, and site design is utilized to minimize visual impacts on adjacent residential properties. " 6 . The front yard setback on Morro Road shall be fifteen (15) feet. ACTION Direct Staff as deemed appropriate, REPORT PREPARED/APPROVED BY; ','__/� AWRENCE STEVEN Planning Director i /ps FROM MY WWI MOM low .r�'�If/ I�06 �•. Our 01 NMI ROWS "MINE RL TiT CA LAW NoM IP KLAW • ' aI^��r,��- �'� • . Err i ,c,, ►. �. is -®�pailmool '�3®�` '' #. � D Cit�f ► ,,- WMI M. 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JN 301,79 17 O Y` —m — X01.02 302.00 v - 1 30 .78_ - .• '� -+ �. - ^ 301. 301-afLU �p , r� ---• �.o...5�--7 0 a ----+ti- 30 f�� NF Nof a - r30✓-S�4L� .alt 300 fig_ ` A. a •, pp R�19"S�y.:Cv� L�151.Gst' Ail I 3 7 _ 1qLa jn ?l N • tr d - p • d '�r�rr� :20-:5F'M-tSO_'tB.'�_ �2" i15 �. 92 �- - LM CITY OF ATASCADERO 179 Planning Department April 5, 1982 STAFF REPORT SUBJECT: DEPARTMENTAL REVIEW R811124 :1 LOCATION: 7350 Morro Road/7355 Navajoa (Lot 12 , Block RB) APPLICANT: John Kleinhammer (Westland Engineering) REQUEST: To construct a commercial office project with approximately 14 ,000 square feet of floor area. BACKGROUND 1. Existing Zoning: R-4-D (532) for a portion of the lot; and R-1-B-2-D (506) for the balance of the lot. Zone Change Z811124 :1 has been filed in conjunction with this application. 2. General Plan: Commercial Professional 3. Environmental Determination: An initial study environmental description form has been completed by the applicant. The Planning Director has prepared a Draft Negative Declaration for the project indicating that no significant adverse effects are likely to occur if the project is implemented as proposed. 4 . Project Description: The applicant proposes to develop the currently vacant site with an office condominium project. The proposal is for a two-story building. The exterior will be beige stucco with dark brown trim and an earthtone Monray tile roof. The development will include 43 parking spaces for 14 office units. The site plan indicates a 6-foot high stucco wall across the width of the property on the Navajoa Avenue side and extending approximately 7 .5 feet down each side of the building towards the Morro Road frontage The plan also shows unspecified landscaping across the Navajoa Avenue front- age, the full depth- of the property on both sides of the building, and in some areas at the front of the building. 5. Prior Action: This application has been continued several times for redesign based on zoning approved by the Planning Commission, but which was not forwarded to City Council at the applicant' s request. STAFF COMMENTS The ability to review this project is complicated by the need to grant a zone change affecting certain development standards , es- pecially the Navajoa setback." Under the existing zoning (R-1 or Page Two Re: Departmental Review R811124 :1 (Kleinhammer) April 5, 1982 the D(532) ) and under the recommended zoning (by Staff) , signifi- cant nifi- cant alterations to the office design would be necessary since the former requires a 25-foot setback and the latter would allow only a one-story building to encroach. The Navajoa setback problem appears to be the only major concern with the project design. Plan review is based on the recommended zoning. Consideration should, however, be given to limiting the project to one driveway access on Morro Road to minimize traffic conflict potential on the heavily-traveled highway. Cal Trans may only permit one access and, in this situation, they have jurisdiction. To facilitate processing, any waiver request for Navajoa improve- ments should be considered with the Departmental Review. The Mashburn project did receive approval for an all-weather sidewalk. Furthermore, Staff would recommend development of a master signing program for the project. This will, however, probably require a separate approval, such as a Conditional Use Permit. FINDINGS 1. The site of the proposed commercial office complex can be ade- quate insizeand shape to accommodate said offices and all yards, fencing, parking, landscaping and other features re- quired by the Atascadero Municipal Code. 2. Streets in the vicinity of the proposed use are adequate to carry the quantity and kind of traffic generated. 3. The proposed use will have no adverse effect on abutting prop- erty or the permitted use thereof. 4. The establishment and conduct of the commercial office complex for which the Departmental Review is sought will not be detri- mental to the public welfare or be injurious to property or improvements in said neighborhood. 5. The project will not have a significant adverse effect upon the environment. RECOMMENDATION Based on the above Findings , the Planning Department recommends issuance of a Negative Declaration and approval of Departmental • Review R811124 :1 subject to the following conditions: Page Three Re: Departmental Review R811124 :1 (Kleinhammer) April 5, 1982 1. Site development including buildings, aisles, parking, land- scaping and other features shall be consistent with plans submitted including modifications required herein. a. The building shall be relocated to provide for a 25 foot landscaped setback along Navajoa. b. The landscaped setback along Morro Road may be reduced to 15 feet. 2. Submit two copies of detailed landscaping and irrigation plans indicating size, type and spacing of plant materials proposed for review and approval by the Planning Department prior to issuance of building permits . a. Raised concrete curbs or similar shall border each planter area. b. Plant materials shall be sized to achieve a mature ap- pearance within three years. • C. The type of irrigation system shall depend upon the plant materials used and the watering needs d. Special attention shall be given to landscaping along Navajoa and in the five foot sideyards adjacent to R-1 zoning in order to soften the visual impact of the commer- cial building. Landscaping shall be designed to prevent pedestrian movement from Navajoa into the office complex (i.e. mounding, fencing, etc. ) . 3. Lighting fixtures shall be designed to minimize onsite and offsite glare. 4 . All new utilities and utility connections shall be placed underground. 5. Submit two sets of grading and drainage plans indicating grade of building pads, pavement elevations, flow lines at top of curb, etc. , for review and approval by the City Public Works Department prior to issuance of any permits . a. Drainage from the site shall not be allowed to flow di- rectly across public sidewalks and driveways. 6 . Parking and access areas shall be provided generally as shown and be paved with minimum 2" AC on adequate base and spaces shall be striped`. Wheel stops or approved functional equiv- alent shall be provided. Page Four Re: Departmental Review R811124 :1 (Kleinhammer) a April 5 , 1982 a Parking spaces shall be 9 ' X 20 ` except for the 12 ' wide handicapped space, but may be reduced in depth approxi- mately 3 ' where adjacent to sidewalks or planters with the sidewalks or planters correspondingly widened thereby eliminating the need for wheel stops. This adjustment shall only apply if a grade difference exists between the parking area and those sidewalks or planters . 7 . Obtain an encroachment permit from Cal Trans to allow access to Morro Road (Highway 41) prior to issuance of permits. 8 . The project shall be connected to community water and sewer systems . Submit evidence from the Atascadero County Sanita- tion District and Atascadero Mutual Water Company indicating that the agencies are willing and able to provide service to the project prior to issuance of any permits. 9. Six foot high fencing, of a type and design approved by the Planning Department,, is required along property line common with R-1zoned property. a. Said fencing to be reduced to three feet in height or • eliminated in the westerly 25 feet. 10. Install concrete curb, gutter and sidewalk along the Navajoa frontage as required by Title 19 of the Atascadero Municipal Code. Said improvements to be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. a. Street improvement drawings shall be submitted to the Pub- lic Works Department for approval and any dedications nec- essary to accommodate required street widths shall be made. b. An existing utility pole and Navajoa will have to be relocated. (NOTE; A waiver of the curb, gutter and sidewalk requirement may be granted by the Planning Commission upon request if said improvementsaredeemed incompatible with ultimate development of the area. The following alternate condition is suggested if a waiver is granted: (Alternate) 10 . An asphalt or similar berm and a 10 ' wide all-weather surface shall be provided along the Navajoa front- age. No curb, gutter, and sidewalk improvements are required on Morro Road. • i • Page Five Re: Departmental Review R811124 :1 (Kleinhammer) April 5, 1982 a. Improvements required herein to be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. b. Improvement drawings shall be submitted to the Public Works Department for approval and any dedications nec- essary to accommodate required widths shall be made. C. With the approval of the Planning and Public Works De- partments, the 10 ' width may be reduced in order to allow additional landscaping. ) 11. Building architecture shall be consistent with elevations submitted. a. Any roof-mounted mechanical equipment shall be screened from view from adjacent streets and properties in a manner approved by the Planning Department. 12. Provision shall be made for a paved and enclosed trash storage • area in a location approved by the Planning Department. a. No outside storage, or any accumulation of trash or debris shall be permitted. 13. on-site signing shall be limited to an aggregate area of 20 square feet for the entire project, not to exceed the height of the building unless a Conditional Use Permit is secured. a. It is recommended that a master signing plan be submitted. 14. A fire hydrant shall be installed generally along the Morro Road frontage. Size of hydrant and manner of installation shall be subject to the approval of the Fire Department. 15. In the event that archeological resources are discovered on the subject site during construction of this project, said resources are to remain undisturbed after discovery and con- struction activity shall cease immediately. The Planning De- partment is to be notified so that proper disposition of the resources may be accomplished. Construction may resume only upon authorization by the Planning Department. 16 . This Departmental Review approval is granted for a maximum period of one year from the date of final approval unless a time extension is granted by the Planning Director pursuant • to a written request filed a ninimum of ten days prior to the expiration date. Page Six Re: Departmental Review R811124 :1 (Kleinhammer) • April 5 , 1982 17. All conditions of approval established herein shall be com- plied with prior to occupancy of the buildings by the proposed use. 18. This Departmental Review shall become null and void if Zone Change Z811124 :1 is not approved in a manner which will allow the proposed design. No permits can be issued until the zon- ing becomes effective. -ACTION Direct Staff by motion as deemed appropriate REPORT PREPARED/APPROVED BY: LAWRENCE STEVENS Planning Director • it /PS • CITY OF ATASCADERO Planning Department April 5, 1982 U� e Fff r� h a STAFF REPORT :a t U, 979�� 1�SC�DER4,% SUBJECT: TENTATIVE TRACT MAP AT 811124:1 LOCATION: 7350 Morro Road/7355 Navajoa (Lot 12, Block RB) APPLICANT: John Kleinhammer (Westland Engineering) REQUEST: To create a 15 unit air-space office condominium BACKGROUND 1. Existing Zoning: R-4-D (532) and R-1-B-2-D (506) (NOTE: A Zone Change request has been filed in conjunction with this application. ) 2. General Plan: _ Commercial Professional 3. Environmental Determination: The subdivision application is ex- empt from the requirements of C.E.Q.A. (Class 1) . 4. Site Conditions: The lot is currently undeveloped and is general- ly level. Vegetation consists of natural grasses. Sewer and water facilities are known to be available to the property. The lot is bounded on the north by an older residence now used for an ambulance service and other single family residences; on the east by Morro Road; on the south by a vacant lot and residences; and on the west by single family residences across Navajoa Avenue. 5. Project Description: The applicant isrequestingto creat 15 air space office condominiums for the purpose of individual sales. The applicant intends to formulate an association of office owners and prepare CC&Rs for the purpose of governing the use and main— tenance of the common area around the units. STAFF COMMENTS On Thursday, January 7, 1982, the Subdivision Review Board met with the applicant, John Kleinhammer , and Terry Orton of Westland Engin- eering, to discuss the project. Also attending were: Larry Stevens, - Planning Director; Joel Moses, Associate Planner; Jill Kollmann, Planning Intern; Larry McPherson, Public Works Director; Patience West, Engineering Aide; and Vern Elliot, Fire Captain. The following items were discussed: TENTATIVE TRACT MAJOT 811124:1 (Kleinhammer) 1. Coordination with Cal Trans of future 'road improvements. 2. Sizing of the drainage culvert along Morro Road. 3. Installation of a fire hydrant along Morro Road, to be located as determined by the Fire Department. 4. Clarification of request to modify "D" combining district require- ment regarding 10' setback from Navajoa. 5. Possibility of waiving road improvements along Navajoa. 6. Relocation of the utility pole along Navajoa. 7 Location of proposed water service. 8. Landscaping and screening proposals. 9 Development of a site drainage plana 10. CC&Rs will be required for review prior to recordatin of ,the Final Map. FINDINGS 1. The application is exempt from the requirements of the California Environmental Quality Act. 2. The application conforms to all of the applicable zoning and sub- division regulations and is consistent with the 1980 Atascadero General Plan. RECOMMENDATION Based upon the above Findings, the Planning Department recommends ap- proval of Tentative Tract Map AT 811124:1 subject to the following conditions: 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 Planning Department prior to approval of the Final Map b. These CC&Rs' shall be administered by a Condominium Home- owners Association. 2 TENTATIVE TRACT MAP ITO 811124: 1 Kleinhammer • 2. That all conditions of approval herein specified and any public improvements required by Departmental Review R811124:1 are to be complied with prior to the filing of the Final Map. 3. Approval of this Tentative Tract Map shall expire two years from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 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 City Ordinance prior to recordation. a. Monuments shall be set at all property corners and a Regis- tered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation, unless certification is received that corners are already monumented. b. A final title policy (CLIA or ALTA) shall be submitted for review in conjunction with the processing of the Final Map. 5. This Tentative Tract Map shall become null and void if Zone Change Z811124: 1 and Departmental Review R811124:1 are not approved. The Tract Map shall not be recorded until the zoning becomes effective. • ACTION The Planning Commission should by motion direct Staff as deemed appropriate. REPORT PREPARED/APPROVED BY. LAWRENCE STEVENS Planning Director /Ps 3 lift r _ y Say r a. 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OF Son GUIs uoispo uounTy A G N D A REGULAR MEETING THURSDAY, MAY 6, 1982 1;30 P.M. SAN LUIS OBISPO CITY HALL COUNCIL CHAMBERS 990 PALM STREET, 'SAN LUIS OBISPO, CALIFORNIA The San Luis Obispo County Area Council of Governments an ex officio government body of all other agencies and authorities for which such council so acts, including the Regional Transportation Planning Agency and Transit Authority, is now meeting in regularsession. MINUTES 1. Approval of the minutes for the March 4, 1982,, .Regular Meeting of the San Luis Obispo County Area Council ;of Governments. 2. Election of Officers: President and Vice-President. CONSENT AGENDA These items are expected to be routine and noncontroversial. They will be acted upon by the council in one action. If any person requests an item be removed from the Consent Agenda, it will be addressed at the end of all other scheduled agenda items. 3. A-95 REVIEiV A. Peoples Self Help Housing request to the Area Agency on Aging for $28,450 to provide 12 month funding for making major home' repairs for low income elderly home owners in San Luis Obispo County who do not qualify for sufficient funds from other sources. (82-COG-3) B. Help Us Stay Home, Inc. request to the U. S. Department of Health and Human Services for $38,772 to provide 12 month funding for In-Home Care to the elderly of San Luis Obispo County. (82-COG-4) C. Help Us- Stay Home, Inc. request to the U. S. Department of Health_ and Human Services for $23,321 to provide 12 month funding for non-psychiatric counseling to the elderly of San Luis Obispo County. (82-COG-5) 979 OSOS STREET 0 SUITE B 0 SAN LUIS OBISPO, CA 93401 • 805/549-5710-----" r r. Page 2 D Retired Senior r Volunteer eer Fro gramrequest to the AreaAgency on Aging for $8,408 to provide a continuation of funding for an additional 12 months for a.Senior Home Share Program to match compatible people with room in their homes with people seeking a place to live. (82-COG-6) E. Retired Senior Volunteer Program request to the Area Agency on Aging for $20,000 to initiate a 12 month "Caring Callers" program to match friendly visitation with frail, homebound elderly. (82-COG-7) F. Five Cities Meals On Wheels request to the Area Agency on Aging for $7,000 to continue its program of delivering hot, nutritionally balanced meals to the elderly with weekend meals at their request. (82-COG-8) G. Pismo Beach Senior Citizen Club request to the Area Agency on Aging for $10,000 to purchase a vehicle to transport senior citizens. (82-COG-9) Recommendation Proposals are being reviewed. Recommendationswillbe presented to the Area Council at their meeting. 4. Consideration of a revised 1981/82 Transit Development Act Claim for the county of San Luis Obispo. Recommendation Approve revisions finding claim consistent with the Regional Trans- portation Plan and the conditions specified in the original claim approval. 5. Consideration of a draft Department of Transportation transit performance measures report. Recommendation Consider the recommendations made by the Transportation Advisory Committees and transmit concerns and, recommendations to the State Department of Transportation. 6. StatusReport: State Transit Assistance (STA) Fund - Revenues/ expenditures and reserve commitments. Recommendation None. Information item. Page 3 7. Authorization for an increase in the Local Transportation Fund Administrative allocation. Recommendation Authorize an administrative allocation adjustment increase to pay for prior fiscal audit invoices, ,and projected administrative cost increases. 8. Consideration of the annual renewal of the Regional Ridesharing Program contract between the Area Council and the State Department of Transportation for Fiscal Year 1982/83. Recommendation Authorize the President to execute the contract and forward to the California Department of Transportation. 9. Status Report: Efforts to transition the Administrative Planner and Transportation Planner as permanent employees in the County under the supervision of the Executive Secretary. Recommendation None. Information item. 10. Adoption of a meeting schedule for the Area Council and the Citizen's and the Technical Transportation Advisory Committees for fiscal year 1982/83. ,A =. tz. : Recommendation Approve the proposed meeting schedules. PUBLIC HEARING ITEMS 11. Consideration of a Final Draft Social Services Transportation Coordination Plan (AB 120 Action Plan) and designation of a regional Consolidated Transportation Services Agency. Recommendation A. Consider input from the City Managers Committee and the Citizens and Technical Transportation Advisory Committees and direct staff to incorporate appropriate revisions and adopt the AB 120 Action Plan as amended; and B. Approve and authorize the President to sign the resolution approving the AB 120 plan and designating the Regional Transit Authority as the Consolidated Transportation Services Agency to implement the AB 120 plan; and Page 4 C. Direct the Regional Transit Authority to amend its Joint Powers Agreement to authorize it to function as the Consolidated Transportation Services Agency. D. Authorize staff to incorporate corrections for the AB 120 inventory (Attachment B) 12. Consideration of requests for improved public transit services in the region (Unmet Needs Hearing - continued from March 4, 1982 hearing) Recommendation A. Consider the recommendations of staff, transit operators and the transportation advisory committees on the "reasonableness" of meeting those transit requests determined by the council to be Unmet Transit Needs B. Approve the resolution as amended and authorize the President to sign the resolution on Unmet Transit Needs. TRANSPORTATION BUSINESS 13. Consideration of a Final Overall Work Program and Work Budget for the Regional Transportation Planning Agency for fiscal year 1982/83. Recommendation • Approve the Overall Work Program and Work Budget and authorize the President to sign the attached resolution_ ADMINISTRATIVE BUSINESS 14. Consideration of a contract for fiscal and performance audits of Transportation Development Act funds. Recommendation Award contract for audit services and authorize the President to sign. 15. Consideration of a contract and resolution to hire Cheryl Anne Shiba as a_transportation planning aide for the term May 6, 1982, to July 7, 1983. Recommendation Ratify Executive Secretary's action approving a temporary contract from March 29, 1982, to May 6, 1982; and approve resolution and contract from May 6, 1982, to July 7, 1983. 16. Local Transportation Fund apportionments for Fiscal Year 1982/83. ' Page 5 • Recommendation t`¢ 17+ Adopt the local transportation fund apportionment for F. Y. 1982/83. 17. Consideration of a procedural change in the transfer of Transportation Development Act (TDA) funds to each transit system operated by a Joint Powers Entity (JPE) . Recommendation Adopt a policy allowing each entity to claim their TDA fund share of JPE operated transit systems but forward these funds directly to the JPE to save administrative and audit fees. TRANSIT MANAGER BUSINESS 18. Cal Trans operational analysis of the Regional Handicapped System. Recommendation Review concerns raised by Caltrans and the actions suggested by the transportation advisory committees. ANNOUNCEMENTS NEXT MEETING The next regular meeting of the San Luis Obispo County Area Council of Governments will be July 1, 1982. .III ,II I M E M 0 A N D U M TO CITY MANAGER/CITY COUNCIL April 21, 1982 FROM: PLANNING DIRECTOR SUBJECT: GENERAL PLAN AMENDMENTS/Cycle 2 (1982) On April 19, 1982 the Planning Commission reviewed the attached Staff Report and concurred with the Staff recommendation concerning the four applications that have been filed. In addition, the Planning Commis- sion initiated a General Planamendmentto consider generalizing the animal standards as discussed in the Staff Report. This matter is brought before City Council to determine if additional amendments should be considered during this cycle. LAWRENCE STEVENS L We Planning Director 0' yaMager Gi V 1 18 .�.�.� CITY OF ATASCADERO 187$ aPlanning Department April 19 1982 STAFF REPORT SUBJECT GENERAL PLAN AMENDMENTS/Cycle 2 (1982) BACKGROUND The City is considering the next round of General Plan amendments. The deadline for Cycle 2 was April 1, 1982 at 5:00 p.m. General Plan amendments should be considered in the same manner as a zone change with amendments being initiated by the City Council, the Planning Com- mission or the property owner. This report will allow the: Commission the opportunity to initiate any amendments or to consider expansion of any propertyowner-initiated amendments. 1. Applications Submitted by Property Owners; A) GP 820204:1 - submitted by Don Eddy (owner of Vehicle Stor- age and Parking at 9705 E1 Camino Real) , David Hixson (owner of a chiropractic office at 9655 El Camino Real, and Gomer L. Maxwell (owner of Key Termite and Pest Control at 9605 E1 Camino Real) . The applicants propose that the land use designation be changed from High Density Multiple Family to a Retail Commer- cial designation. The properties are currently developed. Current zoning is R-4-B-2-D. The applicants are requesting the General Plan amendment to assure that future zoning of their properties conform to the existing land uses. B) GP 820325:1 - Fred and Teri Pflum (9795 Las Lomas) , Lilley and O'Farrell (9755 Las Lomas) , and Catherine Forsman and Ernestine Ward (,9855 Las Lomas) have submitted an applica- tion requesting a change in land use designation from Low Density Single Family to Low Density Multiple Family in order to provide a transition area between the High Density Multi- ple Family area` to , the west and Low Density Single Family; to the east. The properties owned by the applicants are cur- rently developed with single family residences and are zoned A-1. Surrounding uses are generally single family residen- tial in nature with mixed multiple family and commercial activities across the street. General Plan Amendments/Cycle 2 (1982) C) GP 820330: 1 Wallace Dunn has submitted an application requesting a change in land use designation on Lot 102 of Block 19 on El Camino Real from Suburban Single Family Res- idential to High Density Multiple Family Residential in or- der to construct senior citizen housing. The property is currently zoned A-1 and is undeveloped at this time. Sur- rounding uses consist primarily of single family residences, with a small amount of commercial activity across the street. D) GP 820331:1 - Norman K. Klowgard has submitted an applica- tion to change the land use designation on Lot 14 in Block JC at 9465 Morro Road from High Density Single Family to Recreation in order to eliminate conflict between the General Plan and the existing use. The property is currently dev- eloped and is being used as a retail outlet for rocks, gifts, and souvenirs. Surrounding development consists of single family residences and Atascadero Lake Park. The property is currently zoned R-4-D. 2. Amendments Initiated by PlanningCommission: During the course of the public hearings on the Draft Zoning Ordi- nance, it was suggested that animal regulations may be more appro- priately dealt with in the Zoning Ordinance than in the General Plan, and that modifications of specific reference to animals in the General Plan, may be in order . It would seem appropriate to include general supporting policies in the Plan leaving the spe- cific standards to the zoning ordinance. 3. Amendments Initiated by City Council: At this time the Council has not identified any General Plan amendments for this cycle. STAFF COMMENTS It should be noted that two of the requests, representing seven dif- ferent property owners, are located in close proximity to each other on Las Lomas Avenue and El Camino Real. Both requests seem to sug- gest that an evaluation of the types and location of residential and commercial land in the area is in order, and that a transition area - between the High Density Multiple Family on one side of Las Lomas and the Low Density Single Family be 'evaluated. Based on these concerns, Staff suggests that a study area which combines these requests may be appropriate. Although there is concern that the Dunn application, if approved, will create an undesirable land use pattern with the intrusion of multiple family use into a single family area, it nevertheless seems inappro- priate to consider a larger area or different land use designation for 2 • • General Plan Amendments/Cycle 2 (1982) surrounding properties since only the Dunn property is in the Sanita tion District. If a larger area is reviewed, it would seem that only a higher single family density could be considered. The Klowgard request was submitted in an effort to address the issue of an existing, potentially nonconforming commercial use. If the pro- posal to change the General Plan designation to Recreation were to be approved, the applicant would require a zone change in order to be fully conforming. It is conceivable that the nature of the appli- cant' s business is compatible with neighboring tourist/recreation activities and as such there is the possibility that the land use designation of Recreation would apply. The area under consideration should probably be expanded to consider the remaining Morro Road frontage to Santa Rosa. RECOMMENDATION The Planning Department recommends that public hearings be conducted to consider General Plan amendments as follows: Items la (Eddy, Hixson, Maxwell) and lb (Pflum, Forsman, Ward, Lilley) " to be grouped as one amendment covering the area delin- eated as Study Area on the attached map. Item lc (Dunn) I* Item ld (Klowgard) to be expanded to include the remainder of the Morro Road frontage to Santa Rosa - Item 2a on animals ACTION The Planning Commission should direct Staff as deemed appropriate. REPORT PREPARED BY: r ILL KOLLMANN lanning Intern REPORT APPROVED BY: IaW4ti tuU" LAWRENCE STEVENS Planning Director 3 00 _ � ,�\ • •\ � OCA �� ��*, �,! • , It � {off r 0 { _ m 00 �. to l ' o d.. U � q�- ZZ V 2 if _0 / L w \ ._1/ '\ — �• N bre ' i ,� 4 N-•-880� % � �, �� ( �-) ,� ti � a .Q�Q _ :. ��� CKLOA �. cD tK 10 . • v �} � � i R- t�May_ d- •` O � •r • ' .. - • �, it• / 0 • � • �; ` G P8 2ozog; G ♦ 0011 1 oor +� 41 a ® +♦ � . , � •..,meg., .�: . _ �. ,. • 1,,, t`� , �,� ♦, is �• , -!� �, . -®My •* • ' ® �� �.�� �.•Ail��� .�•�.�. , s-'� . .� _s� was yr \ � ► -14 IWA pm �� •� �C ��i41�• - �' j M E_M O_R A_N_D U M TO: City Council FROM: City Manager SUBJECT: Request for restricted parking, Plaza del Camino` Attached is request from Mr . Sells, general manager of the Plaza del Camino, requesting that the entire frontage of the shopping center on El Camino Real be designated 'a no parking zone and painted with the appropriate color . As you will recall, the City Traffic Committee composed of the Planning Director, City Engineer and Police Chief originally recommended that this area be designated a no parking zone. The Citizens Parking Committee subsequently objected to that recom- mendation, amongst others, and submitted a recommendation to you for change which you approved. Mr. Sells informs us that he did not share in the recommenda- tion as concerns the frontage in the area and, in fact, was, not aware of any changes until such time as a painting program was started. He is now asking that the area in front of his business ` be designated no parking. If you agree, then you must change the approval which you gave to the Citizens Parking Committee recom- mendations and instruct staff to act accordingly. RRA WL. WARDEN LW: d 4-26-82 S p Y w � r 9 M K �`�r,"„'"r.>r'.'.�,°"��' .� '"�" ��y`� h�'� +"`����a;,,w.x a'-�;='^'a"^,� r'x�,r �. �- ��y�"�""�y..�'.,�,s"��• x�,cT, "'�` i'--"� +�..,?'^�i t u �,Ki. ,��;4�x 3c'�'�°°'..-,'C.'�3�T'i�7-..�4..:'1��'3.^�+'?c.*{,r,�� 'Y`-„sa� '''�' +�"•.«a5!t.,,,���"�''ey-..�.'�4 ,�``-,: 3""' ��I� �ry?� .5: r 74 MIM 04 34 �'R�-�c' >t'+ ^" '�4i.e+cd'.c, �' y.,"+�Y' +.pb-3. `' w�'�' y .+,'$'y - � ., -� n �-'s• F _.'m s a ><, S4; q?'^ -fir�., a 7+'' i `*�:.� - . ` s jf O 5 rl .ta' �i vim. .riv w' _ 19, :K ' - ft Nil{_ .'4 ,,.L,,.,s -f^x. ..✓' :,cy`+F t '�".. ` i f�`pz'x.c 2 :ir c.�i b.!^....�....n iVt- s.]�:v+Nc•k.S.iTF'm�Y.u..<s.a,k,,M'LS'i�f�>itike�..ti.�s.t.2.._r1...iC....�.Y� .�asN..T..F.'KYs�s a..�:f>.bMYLP:NF. �.. +�..5 !d+t,1Y.•r'4�^b>:Siy;...r:�ti.7.aC"sK„sla'�ui a..�u:a.bw.rVa�anw.t.K..tas+.+.x.Na'O�r=. 1 rN A n LhogC TRIP JO k4jv"t- F Sells & Gillam R 8300 Piedras Altos Rd. Atascadero,CA .934,?2 / ' t%�9�ZcJ lI 3y�zz_ la Y SUBJECT1?j CLf �CG1 G (�E,` ',aL F f' gyp/Gd, DATE MESSAGE �- �Z?4c,� k,,•' Oa�, r,aNz, '* 06 ���'. - u � %1�.0�2 Gaul 7&w G 2 iv REPLY C��� � •fir ' v-c +:� ..,.�lz�Gy �'- .� J —_� d 1 SIGNED DATE REO�FORM 4S 472 SEND PARTS'T AND 3 WITH CARBON INTACT- POLY PAK (50 SETS) 4P472 PART 3 WILL BE RETURNED WITH REPLY. M E M O R A N D U M TO: City Council FROM: City Manager SUBJECT: Sewer plant project bond resolutions The attached resolutions are copies of an old series proposed for the Board of Directors when the 'County was handling the sewer plant project. It is my understanding that Mr. Carlo Fowler, the bond counsel, will be forwarding revised copies to reflect the Council' s role in this process. His revised; copies are supposed to be here by Friday and will, in substance, follow the attached resolutions. I am providing the attached as samples so that you will have an opportunity to read and anticipate the final resolu- tions being offered for your consideration.; Y L WARDEN MLW:ad 4-22-82 s . ATASCADERO COUNTY SANITATION DISTRICT := > RESOLUTION NO. 80- *y RESOLUTION SETTING THE TIME AND PLACE FOR THE SALE 4 Lw 3ft�* OF $1,300,000 PRINCIPAL AMOUNT OF ATASCADERO COUNTY t r•�•"¢ r 'vw s,,;:,�,',�'�"` `;M,6. SANITATION DISTRICT 1980 SEWER REVENUE BONDS AND xrc? DIRECTING NOTICE OF SALE OF SAID BONDS TO BE GIVEN WHEREAS, the Board of Directors of the Atascadero County Sanitation District has duly provided for the issuance of_$1,300,000 principal amount of Atascadero County Sanitation District 1980`Sewer Revenue Bonds, ano it is .�s z desirable that said bonds be offered for public sale at this .s. '•: time; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Atascadero County Sanitation District, as r4. follows: Y Section 1. The- Atascadero"County Sanitation District 1980 Sewer Revenue Bonds shall be offered for public ¢'w,a,,"+�."*-'r;-A:.�•� wr�Sy.,g ,..5,...+''ar'.7y°.e 1 i sale by this Board of Directors on Tuesday, July 8, 1980, at the hour of 10:00 o'clock- A.M., and the Secretary of the Board of Directors of this District is hereby authorized and directed to cause a notice of sale of said bonds to be x published once in the Atascadero News, a newspaper of general circulation published in the District, which such notice of W, sale sale shall be in substantially;the following form: ti I.. R OFFICIAL NOTICE OF SALE $1,300,000 ATASCADERO COUNTY SANITATION DISTRICT 1980 SEWER REVENUE BONDS < ' M `- NOTICE IS HEREBY GIVEN that sealed proposals will ;tom!^ be received and opened by the Secretary of the Hoard of y Directors of the Atascadero County Sanitation District (the "District") , at the office of the Secretary of the Board of Directors of the District, Room 202, Courthouse Annex, San Luis Obispo, California, 93408, on ok TUESDAY, JULY 8, 1980 at the hour of 10:00 o'clock A.M. for the purchase of $1,300,000 principal amount of Atascadero County Sanitation District 1980 Sewer Revenue Bonds (the "bonds") authorized to be issued under the provisions of a resolution of the Board r of Directors of the District adopted on June 17, 1980 (the resolution") . The 'bonds constitute the entire principal amount of an issue authorized at an election held in the District on November 7, 1978. The bonds are more particu- larly described in the resolution (which is incorporated herein by reference) and a copy thereof will be furnished to any interested bidder upon request. The bonds are generally described below. DATE: The bonds r-9 dated July 1, 1980. - ISSUE AND $1,300,000 principal amount of coupon DENOMINATION: bonds, numbered consecutively from 1 to 260, both inclusive, of the denomination -2- ..;�-�.i'x'r">.'E'`�e:"rmYv4f�,'':,-.:. ,....." >:v+�='!�,'%.�'�vax.�.'r._ x h z. t-. _. --;,•,.. of $5,000, bearing interest from July 1, 1980; or, at the ~` 'y option of the purchaser, one fully registered installment r bond in the aggregate principal amount of not to exceed $1,300,000 maturing in installments in accordance with the serial maturities of the 'bonds, bearing interest determined ;xv Y4 on the aggregate of payments therefor from the respective dates thereof, as said payments and the dates thereof are «�wr�u«aa . ,• ..• !ry .. .� �-:, endorsed thereon b the Count Treasurer of San Luis Obispo a; County, which installment bond is convertible at any time after July 1, 1981 upon ninety (90) days' notice into couponon 6 �- bonds, at the option of the owner thereof, at the expense of the District. MATURITIES: The bonds mature serially in consecutive_ r numerical order, from lower to higher, on July 1 in each of the years as follows: 4 Principal Maturity Date (July 1) = Amount (both years inclusive) 4 ytl.i 4T Mo n_ t $10,000 1982-1983 y' 15,000 1984-1990 < 20,000 1991--1995 .'N 25.000 1996-1999 30,000 2000-2003 35,000 2004-2006 F 40,000 2007-2009 45,000 2010-2011 50,000 2012-2013 . 55,000 2014-2015 >...; :.. <. 60,000 2016-2017 65,000 2018 70,000 2019 7 5,0 0 0 2020 REDEMPTION: Bonds maturing by their terms on or prior +�:✓ *Mr`, # to July 1, 1990 are not subject to redemption prior to their fixed maturity dates. Bonds maturing by their terms on or after July 1, 1991 are subject to redemption- p prior to their fixed maturity dates, at the option of the District, on July 1, 1990, but not prior -3- thereto, and on any interest payment date thereafter prior to maturity, as a whole or in part in inverse numerical order, at the principal amount thereof and accrued interest to date of redemption. NTEREST RATE: Five per cent (5%) per annum, payable P annually the first year on July 1, 1981 - �� 9 semiannually thereafter on January 1 and 'July 1 in each .j, �� S ENT: Both principal and interest are payable in lawful money of the United States of ' a at the principal office of Bank of America National FF MMMMINMR ind Savings Association, in San Francisco, California. y."4w.:• a4�-S. -.-i' ti„ew.?k'x-G'a�z .,r`s„pLC... fi,;iarrah•XfiT:. ]�w�tva�`cH.ax rV?s?;A )N AND The bonds will be executed by the TION: manual signature of at least one official authorized to execute the bonds. The r ed in coupon form are registrable only as to both nd interest, and are not subject to discharge from w i 14 The bonds are authorized for the purpose of providing funds for the acquisition 0 on of improvements to the sewer system of the WA The bonds are revenue bonds payable �- exclusively from the Net Revenues of the ,r• �� � Qom-- u 'n., ;,. ¢ ` ' )se terms are defined in the resolution, and Aax-�i� =d to the resolution for further particu- -Lars. TAX EXEMPT In the event that prior to the delivery STATUS: of the bonds (i) the income received by -4 any private holder from bonds of the same type and character shall be declared to be taxable (either at the time of such declaration or at any future date) under any federal income tax laws, either by the terms of such laws or by a ruling of a federal income tax authority or official which is followed N by the Internal Revenue Service, or by decision of any F federal court, or (ii) any federal income tax law is adoptea- r which will have a substantial adverse tax effect on holders h,T of the bonds as such, the successful bidder may, at his option, prior to the tender of the bonds by the District, be relieved of his obligation under the contract to purchase the bonds and in such case the deposit accompanying his bid will be returned. LEGAL OPINION: The legal opinion of Messrs. Orrick, � \ Herrington, Rowley & Sutcliffe, of San Francisco, California, approving the validity of the bonds, will be furnished to the successful bidder without charge. 1 bry 4 r^ TERMS OF SALE Highest Bid; Bid The bonds will be awarded to the highest of United States of America: bidder, considering the premium offered (if any) . The United States of America, >., ., Farmers Home Administration, has con- tracted with the District to purchase all of the bonds at the µ 'ms { vAr Y par value thereof, provided no equal or better bid for the E ,.ps �arwM. sr bonds is received by the District. The purchaser must pay .ts+ , accrued interest on the bonds issued in coupon form com- puted on a 360-day year basis from the date of the bonds to the date of delivery. The cost of printing the bonds will be borne by the District. 5 ,_i . �-•� .-. ' c'J"'-rte. Right of The Board of Directors of the District i Rejection- F' reserves the right, in its discretion, to reject any and all bids and to waive any irregularity or r informality in any bid. Prompt Award: The Board of Directors of the District • � ,, � � "- �=`�;` �-����`�'` will take action awarding the bonds or rejecting all bids not later than 24 hours after the expira- tion of the time herein prescribed for the receipt of pro- posals, unless such time of award is waived by the successful bidder. Notice of the award will be given promptly to the s rrr successful bidder. �= . „ �� 1 Delivery Delivery of the bonds will be made to ` ,Ga�ytt ,, _`.p } °• of Bonds: the successful bidder at the office of the County Treasurer of San Luis Obispo, County, in San Luis Obispo, California. ... Right of The successful bidder shall have the Cancellation: right, at his option, to cancel the contract of purchase if the District n " fit. st , shall fail to execute the bonds and tender the same for delivery by July 1, 1981, and in such event the successful _ bidder shall be entitled to the return of the deposit accom- '� x-`^` panying his bid. J'' Form of Bid: All bids must be for not less than all of the bonds offered for sale and not less • 4 than the par value thereof and accrued interest to date of ""` �� delivery. Each bid, together with bidder's check, must be enclosed in a sealed envelope addressed .o the Board of Directors of the Atascadero County Sanitation District and endorsed "Proposal for Atascadero Count}- Sanitation District 1980 Sewer Revenue Bonds.-" All bids must either be mailed to } the office of the Secretary of the Board of Directors of the District, Room 202, Courthouse Annex, San Luis Obispo, California 93408, in time to be received by 10:00 o'clock A.M. on July 8, 1980, or delivered to such place by such time on such date. h y 1 Bid Check: With each bid (except that of the United axh�w,p ,�'*rte cwayraj States of America) must be submitted a certified check or cashier's check for $10,000. Each such � . ...;,-. ._ check must be drawn on a bank or trust company transacting business intheState of California, payable to the order of the District to secure the District from,any loss resulting from the failure of the bidder to comply with the terms of r his bid. Checks of all bidders (except the successful • bidder) will be returned by the District by mail promptly f. following the sale date above specified. No interest will be paid upon the deposit made by the successful bidder. Net Interest Bidders are requested, but not required, ' Cost: to supply an estimate of the total net fk interest cost to the District on the basis of their respective bids, which shall be considered as 3 informative only and not binding on either the bidder or the *xfr• z �.. � . District. r =• •- There is no litigation pending concerning the -zr" validity of the above issue, the corporate existence of the District or the title of the officers oftheDistrict to :. . their respective offices, and the Board of Directors of the District will furnish to the successful bidder a -7- .� t:-'ioca.A!'... r —"` .a+ r'V;"+kF.F'».�'Z4+y,{.e9s:2YX S.�Ifi»�i�d"•;:.v+.:'C�4='�.•»:�'�-'N" - _. .- no-litigation certificate certifying to the foregoing as of and at the time of the delivery of the bonds. Dated: June 17, 1980. - rrP Secretary Stof the Boara of Directors '+�#,Txe ra.+�4•.�*,L.tav,w+.�.a sr -u t ..w � of Atascadero County Sanitation District 14 t r - l' . 7`. y Nom` xi3+zt+ - WN_*80P r , _ Section 2. The Secretary of the Board of Direc/tz of this Di triet is hereby authorised and directed to ca se a � Y ` notice of th intention to sell said bonds to be published once at leasXtifteen days prior to such sale date i The Wall w Street Journal (Western Edition) , a financial publication l L generally circulated throughout the State of California, which r � such notice shall be',in substantially the following form: *" sa F;, $1,300,000 ATASCADERO COUNTY SANITATION DISTRICT 1980 SEWER REVENUE BONDS NOTICE IS HEREBY GIVEN that the Atascadero County Sanitation District (the "District"), in San Luis Obispo County, State of California, intends to offer for public sale r, ti on Tuesday, July 8, 1980, at the hour of 10:00 o'clock A.M. , at the office of the Secretary of the Board of Directors of the District, Room 202, Courthouse Annex, San Luis Obispo, " California 93408, $1,300,000 principal amount of revenue bonds of the District designated "Atascadero County Sanitation { District 1980 Sewer Revenue Bonds (the "bonds") . ? NOTICE IS-HEREBY FURTHER GIVEN that the bonds will be offered for public sale subject to the terms and conditions, of the Official Notice of Sale of the bonds, dated June 17, 1980, copies of which will be furnished upon request to., the undersigned. aoa. �ti sr r �� _Dated: June 17, 1980 Secretary of the Boaro of Directors of Atascadero County Sanitation District • a -9- 500 o Section 3. The Board of Directors of the Atascadero County Sanitation District covenants with the holders of all of said bonds at any time outstanding that it will make no use ? ti of the proceeds of any of said bonds which will cause any of y s said bonds to be "arbitrage bonds" subject to federal income r taxation by reason of Section 103(c) of the Internal Revenue Code of 1954. To that end, so long as any of said bonds are outstanding, the District shall comply with all requirements of said Section 103(c) and of all regulations thereunder, to the extent that such requirements are, at the time, applicable to said bonds and in effect. Section 4. This resolution stall be forthwith tiz " entered upon the minutes of this Board and shall take effect immediately upon adoption. PASSED AND ADOPTED by the Board of Directors of the Atascadero County Sanitation District this 17th day of June, ..-,7.- :: I 1980, by the following vote: r AYES: Directors .r:. NOES: ABSENT: WWAII President of the Board of Directors , - � ; of Atascadero County Sanitation District t :y [SEAL] Attest: Secretary of the Board of Directors of Atascadero County Sanitation District SECRETARY'S CERTIFICATE Secretary of the Board of Directors of Atascadero County Sanitation District, San Luis Obispo County, California, hereby certify as follows: 4 r, x' The foregoing is a full, true and correct copy of a y ` v resolution duly adopted at a regular meeting of said Boara of Directors duly and regularly and legally held at the regular �^ meeting place thereof on June 17, 1980, of which meeting ail of the members of said Board of Directors had due notice and .�a7a at which. a majority thereof was present. - ; + r a At said meeting said resolution was adopted by the following vote: AYES: Directors NOES: ABSENT: I have carefully compared the same with the origi- nal minutes of said meeting on file and of record in said r kDistrict, and the foregoing is a full, true and correct copy - of the original resolution adopted at said meeting and x entered in said minutes, Said resolution has not been amended, modified or �§ssi0� � b' rescinded since the date of its adoption, and the same is now in full force and effect. Dated: June 1980. 5 Secretary of t .e t3oard of Directors of Atascadero County Sanitation District J Is ATASCADERO COUNTY SANITATION DISTRICT RESOLUTION NO. 80- 2 RESOLUTION PROVIDING FOR THE ISSUANCE OF $1,300,000 PRINCIPAL AMOUNT OF ATASCADERO COUNTY SANITATION t DISTRICT 1980 SEWER REVENUE BONDS AND PRESCRIBING THE _ TERMS, CONDITIONS, DATE, FORMS, MATURITIES, REDEMPTION PROVISIONS AND RATE OF INTEREST ON SAID BONDS WHEREAS, the Board of Directors of the Atascadero County Sanitation District on August 7, 1978 duly passed an-- adopted a resolution calling a special revenue bond election. r +t _iii c to be held in the District on November 7, 1978 (to be consolidated with the State of California General Election) for the purpose of submitting to the qualified voters of the District the measure (hereinafter set forth) to issue $1,300,000 principal amount of sewer revenue bonds under the Revenue Bond Law of 1941; and WHEREAS, all requirements of law have been complies with in calling and holding said special revenue bond elec- tion and the Board of Directors of the District did duly and regularly confirm the canvass of the returns of said election and did by said confirmation determine and declare, and does hereby certify, that said measure received at said special revenue bond election the affirmative votes of a majority of all the voters voting on said measure at said election and said measure was thereby carried and adopted by said election x. and the issuance of said sewer revenue bonds by the District for the purpose described in said measure was duly autho- rized; and WHEREAS, the Board of Directors of the District has ` r determined that the public interest and necessity demand the ' acquisitionand construction of the wastewater treatment � s ; yr x improvements described in said measure; RRr m� R M t r , A fk M1 NOW, THEREFORE, BE IT RESOLVED by the Board of s � A Directors of the Atascadero County Sanitation District, as rGsc Asx * y u .. follows: Section 1. Definitions. The terms hereinafter in this section defined shall, for all purposes of the Resolu- tion and of any Supplemental Resolution and of the Bonds, and xs4bza��r§ rctme of any certificate, opinion or other document herein men tioned, have the meanings herein specified: .�.....,... •. r.. "Board" Board" means the Board of Directors of the District or any other governing board of the District here- after provided for pursuant to law. r (b) "Bonds" means the $1,300,000 principal amount sWC,^r rf ( J of Atascadero County Sanitation District 1980 Sewer Revenue Bonds authorized by and at any time outstanding pursuant to the provisions and subject to the limitations of the Resolution. "Bonds" also means any additional sewer revenue bonds (in addition to said $1,300,000 principal amount of Bonds) hereafter authorized pursuant to the Law'and' at any time outstanding pursuant to the provisions and subject to the limitations of the Resolution. ' r" f (c) "District" means the Atascadero County Sanitation District, located in San Luis Obispo County, California. (d) "Enterprise" means the existing sewer system of the District to be improved with the proceeds of sale of the Bonds, and all facilities hereaftz_ acquired or -2- y - constructed for said sewer system, and all additions, betterments, extensions or improvements to said sewer system or any part thereof hereafter made. :< w (e) "Fiscal Year" means the period beginning on July l of each year and ending on the next succeeding June 30. "Holder" means any person who shall be the ���a�@� �--�*•�� -f bearer of any outstanding coupon Bond that is not registered or the registered owner of any outstanding coupon Bond that 't is registered or the registered owner of any outstanding installment Bond. (g) "Law" means the Revenue Bond Law of 1941, being Title 5, Division 2, Part 1, Chapter 6 of the Cali- fornia Government Code. (h) "Maintenance and operation costs of the Enter- prise" means the reasonable and necessary costs of maintain ing and operating the Enterprise, calculated on sound accounting principles, including (among other things) the cost of collecting, treating and disposing of sewage, reasonable expenses of management, repair and other expenses necessary to-maintain and preserve the Enterprise in good repair and working order, and reasonable amounts for admini ,�s,-xa:,.x a.:s`.i;+w,�•..,,�+yyvna.ar.�r.;�.xcaa`-nu;,s!z•,'�'.',�.1 +-r Tsarsst 1+„wr'+Rmwxaay2n r wr a..,ex,-�,.�„•`ya.:.�y stration, overhead, insurance, taxes (if any) and other similar costs, but excluding in all cases depreciation and mfr y obsolescence charges or reserves there-For and amortization of intangibles or other bookkeeping entries of a similar nature. �--:t�.K:XIS+.a �'i'3+�§'f��iP�•'�i#.Xr.�+�. .w"-`a"`'�}:,.�cs.�a�.3t-�F.i'->- a.P�'.H igy+�r�-...c• y (i) "Maximum Annual Debt Service" on the Bonds or any portion thereof means the maximum amount payable on such Bonds in any Fiscal Year (beginning wit:z the Fiscal Year in which such calculation is made and ending with the Fiscal Year in which the last of such Bonds by their terms mature) -3- on account of interest plus serial maturities of principal of such Bonds. (j) "Net Revenues" means all Revenues during any s� period with respect to which the term is used after deduct- rt , , ing therefrom all maintenance and operation costs of the f•i ,, p + a Enterprise during such period. (k) "PayingAgent" means the principal office of Bank of America National Trust and Savings Association in San Francisco, California. (1) "Resolution" means this Resolution. (m) "Revenues means all gross income and revenues of any kind, howsoever derived, from the funds, services and • facilities of the Enterprise, including all fees, tolls, 4 < rates and other charges, and all gross revenues of all addi tions, betterments, extensions and improvements to the Enterprise hereafter acquired or constructed, together with any interest earned thereon, excepting all connection charges and refundable deposits made to establish credit. (n) "Sewer service"means the sewer service furnished or-made available by the Enterprise. (o) "Supplemental Resolution" means any resolution adopted by the Board 'amendatory of or supplemental to the Resolution, but only if and to the extent that such Supple- 7 ese� r mental Resolution is specifically authorized hereunder. (p) "Treasurer" means the Treasurer of San Luis �" " � Obispo County, California. �4 TM Section 2. Due Authorization and P.:�aose of Issue. (a) The Board has reviewed all proceedings hereto- fore taken relative to the authorization of t^e Bonds and has found, as a result of such review, and does hereby find and + -4- determine that all acts, conditions and things required by = law to exist, happen and be performed precedent to and in the issuance of the Bonds have existed, happened and been per- ? formed in due time, form and manner as required by law, and the District is now authorized, pursuant to each and every requirement of law, to issue the Bonds in the manner and form as in the Resolution provided. f , r ,;�, �, + (b) The Bonds shall issue for the purpose set forth in the following measure: MEASURE (B) : Shall Atascadero County Sanitation (Wastewater Treat- District issue revenue bonds in { ment Improvements- the principal amount of $1,300,000 z� 4 Revenue Bonds) pursuant to the Revenue Bond Law of 1941 to provide funds for the acquisition and construction of wastewater treatment improve- " ments, comprising a new sewage pump station, forcemain modi- fications, an oxidation lagoon system, a chlorine/contact tank and effluent lift station and septage receiving and treatment facilities, together with necessary pumps, valves, control facilities and machinery and lands and easements therefor, and other works, property or structures necessary 1` or convenient for wastewater treatment improvements for Atascadero County Sanitation District? (c) It is:hereby found and determined that the Y f District now owns and operates a sewer system; that the wastewater treatment improvements to said sewer system described in said measure, when acquired and constructed, will serve to make said sewer system a complete sewer system for the District; that the proceeds of sale of the Bonds shall be applied to the payment of the costs of such acquisition and construction; and that the Net Revenues to be derived from said sewer system shall be pledged to the payment of the Bonds. It is hereby found and determined that the acquisition and construction of said wastewater treatment improvements to said sewer system is necessary to enable the ' District to exercise its public powers and functions, namely, i to furnish sufficient sewer service for all present and "F future beneficial uses of the District. Accordingly, it is } found and determined as follows: (i) Said wastewater treatment improvements to said sewer system can be acquired and constructed from 1 r.; * the proceeds of sale of the Bonds and other available ZL funds: (ii) Sewer service charges can be fixed and .0 levied and can be collected upon said sewer system for the sewer service; (iii) Said sewer service charges, together with all other Revenues, shall constitute the Revenues of the Enterprise which shall be used for the payment of the maintenance and operation costs of the Enterprise and for the payment of the principal of and interest on the Bonds and otherwise as herein provided; .ham r (iv) The Net Revenues of the Enterprise are hereby pledged to the payment of the principal of and interest on the Bonds as herein authorized; and r 1 (v) All Revenues of the Enterprise received from "r4 and after the date hereof shall be accounted for through 5-•^'- r•a--"-.fir �, .,- -.r. kms^�a'• the Sewer System Revenue Fund provided for in Section 6(b) hereof. WAS 1Z (d) In consideration of the acceptance of the Bonds by those who shall hold the same from time to time, the --Zixr� «+C''�.A�ssr-r-"�+�'esnw•�t� • Resolution shall be deemed to be and shall constitute a .� contract between the District and the holders from time to time of the Bonds and interest coupons appertaining thereto; and the covenants and agreements herein set forth to be performed on behalf of the District shall be for the equal x a -a -6- `-- v-..z�."�J v,.-�.d L.-;,::,,,r xnc-.;a,:;.�;ib]wA.u�.sl.',a3.��{x•'...w.c�s.�x- .- _, - - -. ._ _ and proportionate benefit, security and protection of all holders of the Bonds and interest coupons without preference, priority or distinction as to security or otherwise of any of the Bonds or interest coupons over any of the others by ,rte reason of the number or date thereof or the time of sale, execution or delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein. �._;. Section 3. The Bonds. (a) The Bonds in the aggregate principal amount of t 'n One Million Three Hundred Thousand Dollars ($1,300,000) are oaf hereby authorized to be issued by the District under and subject to the terms of the Resolution. The Bonds shall be dated July 1, 1980, and shall bear interest at the rate of five per cent (5%) per annum, payable annually the first year r ` on July 1, 1981 and semiannually thereafter on January land July 1 in each year. Both the principal of and interest on the Bonds shall be payable at the office of the Paying Agent in lawful money of the United States of America. The Bonds N � shall be numbered consecutively upwards in order of maturity, shall be in the denomination of Five Thousand Dollars ($5,000) each, and shall mature in consecutive numerical order, from lower to higher, as set forth in the following .sem.� �- .���.�..-�, �• schedule: i rrwsw'a a�>vjrcxr7, q,=r•w'� L�'a>-.�y..ways . _7_ Principal Maturity Date (July 1) Amount (both years inclusive) $10,000 1982-1983 15,000 1984-1990 20,000 1991-1995 25,000 1996-1999 30,000 2000-2003 35,000 2004-2006 40,000 2007-2009 45,000 2010-2011 50,000 2012-2013 m'anr rc" w5� *r 55,000 2014-2015 60,000 2016-2017 65,000 2018 70,000 2019 75,000 2020 Bonds maturing by their terms on or prior to a July 1, 1990 shall not be subject to redemption prior to ' their fixed maturity dates. Bonds maturing by their terms on� or after July 1, 1991 shall be subject to redemption prior to their fixed maturity dates, at the option of the District, on July 1, 1990, but not prior thereto, and on any interest payment date thereafter prior to maturity, as a whole or in part in inverse numerical order, at the principal amount thereof and accrued interest thereon to the date of re- , j demption. Whenever funds are available for the call and redemption of any of the Bonds then subject to call and redemption, the Treasurer shall determine the numbers of the Bonds to be called and redeemed, and the date of redemption thereof. Notice of any such redemption shall be published by 7r`�9�a+ �YrP2wkx&.rrC"C'w9, �RFdbae�.Ar the District once a week for two (2) successive weeks in a ,r� 1, asprinted and newspaper of general circulation published in San a. Luis Obispo County, California. The notice of redemption shall set forth the Bond numbers and principal amount of the -8- ham:vv. .s.�.•-t. :cr'r Bonds so to be called and redeemed. Similar notices shall be -' mailed at the same time by the District to the respective registered owners of any Bonds called for redemption at their r addresses appearing on the registration books maintained by the Treasurer; provided that such mailing shall not be a condition precedent to such .redemption and failure to mail. or receive any such notice shall not affect the validity of the {; F proceedings for the redemption of such Bonds. The first publication of such notice of redemption shall be not less than thirty (30) nor more than sixty (60) days prior to the date fixed for such redemption. After the date fixed for •'` � :' "` ?a- such redemption, if the District shall have d�iy published i 7 notice of such redemption and shall have provided the Paying Agent with funds available for payment of the principal and accrued interest on the Bonds so called, interest on such t Bonds shall cease. All Bonds and the coupons attached '2 y thereto surrendered upon call for redemption shall be cancelled by the District and shall not be reissued. . y (b) Except as otherwise provided in Section 3(c) z Y of the Resolution, the Bonds shall be issued as coupon bonds payable to bearer, shall be numbered 1 to 260, both inclu- .-.n�,F Trr�-i.?;w-.k4s-fit;d•:' -. �. �nom. -..� ,Y< ,,•� sive, and shall bear interest from their date. The interest �..as,•-avec- -xe^a�r.asn-�acr fswasw coupons attached to the Bonds issued in coupon form shall be numbered in consecutive numerical order, and each such coupon � :nFo-l�ee� e shall represent six months' interest, except tae first such .;-wry-..-��'-�anr•;�•.��,�.��=, coupon.which shall represent twelve months' interest, on the -z Bond to which it is attached. The Bonds issued in coupon form and the interest coupons to be attached thereto shall be subst-antially in the following forms to wit: j �g [FORM OF COUPON BOND] �•`. " UNITED STATES OF AMERICA a - STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO w F' ATASCADERO COUNTY SANITATION DISTRICT 1980 SEWER REVENUE BOND 1 r 1 r No. $5,000 The ATASCADERO COUNTY SANITATION DISTRICT, a count',' sanitation district organized and existing unser the Constitution and laws of the State of California (herein called the "District"), for value received hereby promises to pay (but only out of the Net Revenues hereinafter referred to) to the bearer hereof, or if this Bond is registered to the registered owner hereof (subject to any right of prior redemption hereinafter reserved), on July 1, the principal sum of r FIVE THOUSAND DOLLARS ($5,000) together with interest thereon from the date hereof until the principal hereof shall have been paid, at the rate of five per cent (5%) per annum, payable annually the first year on July 1, 1981 and semiannually thereafter on January 1 and r July 1 in each year. Unless this Bond is registered, " 1 interest due on or before the maturity of this Bond shall be : payable only according to the tenor, and upon presentation and surrender, of the annexed interest coupons as they c severally become due. Both the principal hereof and interest hereon are payable at the principal office of Bank of America National Trust and Savings Association in San Francisco, California, in lawfulmoneyof the United States of America. This Bond is one of a duly authorized issue of Atascadero County Sanitation District 1980 Sewer Revenue Bonds (herein called the "Bonds") , aggregating One Million Three Hundred Thousand Dollars ($1,300,000) in principal amount, all of like tenor and date (except for such variations, if any, as may be required to designate varying numbers and maturities) , and is issued pursuant to the Constitution and laws of the State of California, including '< the Revenue Bond Law of 1941 (herein called the "Law") , and pursuant to Resolution No. 80- adopted by the Board of Directors of the District on June 17, 1980 (herein called the "Resolution") , and the vote of the qualified voters of the District voting at a special election duly called and held for the purpose of authorizing the issuance of the Bonds. Reference is hereby made to the Resolution, to any t _ -10 resolutions supplemental thereto and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Net Revenues, as that term is defined in the Resolution, and the rights of the bearers and registered owners of the Bonds and of the bearers of the appurtenant coupons; and all the terms ` ...; of the Resolution and the Law are hereby incorporated herein r1 and constitute a contract between the District and the bearer s 4 or registered owner from time to time of this Bond, and to 2 all the provisions thereof the bearer or registered owner of this Bond, by his acceptance hereof, consents and agrees. Each bearer or registered owner hereof and of said coupons, � '• + � whether said coupons are attached hereto or- detached here- from, shall have recourse to all of the provisions of the Law z, }x�� ri8 and the Resolution and shall be bound by all of the terms and n :, rix conditions thereof. Bonds maturing by their terms on or prior to July 1, 1990 are not subject to redemption prior to their fixed maturity dates. Bonds maturing by their terms on or 7 ' after July 1, 1991 are subject to redemption prior to their fixed maturity dates at the option of the District on July 1, 1990, but not prior thereto, and on any interest payment date thereafter y, as a whole or in P Y Prior to maturity, >• part in inverse numerical order, at the principal amount thereof and accrued interest to date of redemption. The Bonds are issued to provide funds for the acquisition and construction of improvements to an Enterprise, consisting of the sewer system of the District, z as more particularly described in the Resolution. The Bonds. - are special obligations of the District and are payable, as to the principal thereof and interest thereon, from the net revenues of said Enterprise (which, as more particularly defined in the Resolution, are therein and herein called the "Net Revenues") . All the Bonds are equally secured by a - pledge of, and charge and lien upon, the Net Revenues, and �;. the Net Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds. Additional sewer revenue bonds payable from the Net Revenues M a may be issued on a parity with the Bonds of this authorized issue, but only subject to the conditions and limitations contained in the Resolution. The principal of and interest on this Bond are payable solely from the Net Revenues, and the District is not obligated to pay it except from the Net Revenues. The general fund of the District is not liable, and the credit or " = taxing power of the District is not pledged, for the payment of the Bonds or their interest. The Bonds are not secured by �•• `Y'""��`>i � -*" "� a legal or equitable pledge of, or charge, lien or encum- brance upon, any of the property of the District or any of its income or receipts, except the Net Revenues. The District covenants that, so long as any of the Bonds are outstanding, it will fix, prescribe and collect rates, fees and charges in connection with the services and facilities furnished by said Enterprise so as to yield Net Revenues at least equal to the amounts thereof prescribed by r -11- the Resolution and sufficient to pay the principal of and interest on the Bonds in accordance with the provisions of the Resolution. This Bond is negotiable and transferable by deliv- ery, unless registered as to principal and interest in the manner provided by law, and thereafter the principal hereof and interest hereon shall be payable only to the registered owner. The rights and obligations of the District and of the bearers and registered owners of the Bonds may be � _• modified or amended at any time in the manner, to the extent '' and upon the terms provided in the Resolution. It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to r _ have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due time, form and manner as required by law and that the amount of this Bond, together with all other indebtedness of the District, does not exceed any limit prescribed by the Constitution or laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under le the Resolution. IN WITNESS WHEREOF, the Atascadero County Sanitation District has caused this Bond to be executed under its official seal, signed by the President of its Board of s Directors and countersigned by the Secretary of its Board of Directors, and has caused the interest coupons attached - hereto to be signed by said Secretary, and has caused this Bond to be dated July 1, 1980. - - f x President of the Board of Directors of Atascadero County Sanitation District axM��Iw qj [SEAL] �"�,'•�.,.�5�,3a .mow,»"�,?�3­­'4­444' 3si �.i£,.r,tr:� Countersigned: Secretary of the Board of bisectors *� of Atascadero County Sanitation District r - -� v -12- -.".c�!•.ab.hn,+.,5'.W.F'Cv.Y='�Mre�. }�.+tMSN.,+{SIYMf�.{'..nwla+la::+�eeaiW�4ti^'.x� s �..'<.. ,r. -.. ...:•. �-. .. ...... [FORM OF COUPON] Coupon No. On The ATASCADERO COUNTY SANITATION t DISTRICT will (unless the within-mentioned bond is registered, and subject to any right '- � of prior redemption reserved therein) pay to bearer at the principal office of Bank of 3""=^'-" """`"' "''•"''" '- �' America National Trust and Savings Associ- ation, in San Francisco, California, the Sum shown hereon in lawful money of the United $ States of America, being interest then due on its Atascadero County Sanitation District 1980 Sewer Revenue Bond, dated No. hJuly 1, 1980. � r Secretary of the Board of Directors of Atascadero County Sanitation District f 2�IKN�L�i�ds:wvGF FBs7aw • i , (c) Notwithstanding anything to the contrary herein contained, the initial purchaser of the Bonds may elect to receive, in lieu of coupon bonds as provided in Section 3(a) , a single fully registered bond, maturing in installments, issued pursuant to this subsection. Such r � w d .� " '; installment bond shall be numbered R1, shall bear interest "' '�°'"T�° .• ,-`w= - determined on the aggregate of payments therefor from the respective dates thereof, as said payments and the daces r thereof are endorsed thereon by the Treasurer, and shall mature in installments in the years and amounts speci'_ied in Section 3(a) forthe coupon bonds in lieu of which such y •.. installment bond is issued. The respective installments of `rt+ev^'Y"' S'�,tl<V sa*4 .e re.Yry er-Y.M� principal of such installment bond shall be subject to redemption or prepayment prior to maturity to the extent, at the times, in the manner and at the prices set forth in Section 3(a) for the coupon bonds in lieu of which such h installment bond is issued, except that such installment bone ;y need not be surrendered in the case of redemption in part, and except that no publication of notice of redemption shall be required and notice of redemption of any installment shall be sufficiently given if mailed to the registered owner thereof, at his address appearing upon the registration books maintained by the Treasurer, not less than thirty (30) nor more than sixty (60) days prior to the date fixed for such redemption. Such installment bond may be transferred by the registered owner thereof and its transfer noted on the regis- tration books maintained by the Treasurer, but only is such - _ transfer relates to the entire principal amount of such • installment bond. The person in whose name such installment .. .7 -14- :.v�:?, .i;*:'fau..?rt:.�-r�.:«S�.s�-wgz��a,."s°.•,a'„'�,rS »+.,-:;.z4s.�:r rn.� .. -. -._;;r <<- -�. - -- �_ - [FORM OF INSTALLMENT BOND] ' UNITED STATES OF AMERICA s � r STATE OF CALIFORNIA r a ' COUNTY OF SAN LUIS OBISPO 4 ATASCADERO COUNTY SANITATION DISTRICT 1980 SEWER REVENUE BOND a } x No. Rl $1,300,000 sir c The ATASCADERO COUNTY SANITATION DISTRICT, a county sanitation district organized and existing under the Constitution and laws of the State of California (herein ca11e , ; txic,t"1, for value received hereby preaises to , � PaY' s` c es hereinafter "`. tot to •. y x or registeredassigns (subject to any right of prior redemption hereinafter reserved) , the principal sum of not to exceed ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,303,000) °• rJ on July 1 in the years and installments as follows: Principal Maturity Date (July 1) Amount (both years inclusive) $10.000- 1982-1983 15,000 1984-1990 "y 20,000 1991-1995 25,000 1996-1999 30,000 2000-2003" 35,000 2004-2006 40,000 2007-2009 45,000 2010-2011 50,000 2012-2013 ^ its 55,000 2014-2015 �04 WO60,000 2016-2017 65,000 2018 70,000 2019 75,000 2020 together with interest on the unpaid balance hereof i:om the date of each advance hereof (as set forth on the reve.se hereof) until the principal hereof shall have been pad, at the rate of five per cent (5%) per annum, payable anr..:aliy the first year on July 1, 1981 and semiannually thereafter on January 1 and July l in each year. Both the principes- installments of and interest on this Bond are payable in bond shall be registered shall be deemed the owner thereof - for all purposes of the Resolution, and payment of or on account of the principal of or interest on such installment bond shall be made only to or upon the order in writing of such registered owner. - ? f t Such installment bond shall be exchangeable at any time after July 1, 1981 at the expense of the District, upon ninety (90) days' notice given by the registered owner rr -ate• ..=, thereof and upon surrender of such installment bond at the office of the Treasurer, for coupon bonds in the form set forth in Section 3(b) in an aggregate principal amount equal to the unpaid principal amount of such installment bond. Such coupon bonds shall mature on the respective maturity dates of the unpaid installments of principal as they become due on such installment bond, and shall have attached thereto coupons representing interest from the date to which interest has previously been paid on such installment bond. Such installment bond so surrendered shall be cancelled by the District and,shall not be reissued. The Bond issued as an installment bond shall be substantially in the following form, to wit: kz 46 T 1J� E ♦vi -15- —.rF.4+sau;.s..,'i'.va,—ti.an++.eY"v lawful money of the United States of America by check mailed by the principal office of Bank of America National Trust and Savings Assocation, in San Francisco, California, to the registered owner at his address as it appears on the books of registration herein referred to; except that the final installment due on this Bond shall be paid only upon -``-f surrender hereof. The aggregate principal amount of this Bond shall not exceed the aggregate payments herefor, as said payments and the dates thereof are endorsed hereon by the County Treasurer of San Luis Obispo County. Interest on this Bond shall be determined on the aggregate of payments for this Bond from the respective dates thereof, as said payments maL w and the dates thereof are endorsed on this Bond by said County Treasurer. A r- This Bond is one of a duly authorized issue of Atascadero County Sanitation District 1980 Sewer Revenue Bonds (herein called the "Bonds") , aggregating One Million Three Hundred Thousand Dollars ($1,300,000) in principal amount, and is issued as an installment bond in lieu of A coupon bonds of such issue, all of like tenor and date (except for such variations, if any, as may be required to designate varying numbers and maturities) , and is issued pursuant to the Constitution and laws of the State of California, including the Revenue Bond Law of 1941 (herein called the "Law") , and pursuant to Resolution No. 80 adopted by the Board of Directors of the District on :une 17, - - 1980 (herein called the "Resolution") , and the vote of the qualified voters of the District voting at a special election duly called and held for the purpose of authorizing tie issuance of the Bonds. Reference is hereby made to the Resolution, to any resolutions supplemental thereto and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Net Revenues, as that term is defined in the Resolution, and the rights of the bearers and registered owners of the Bonds and of the bearers of the appurtenant coupons; and all the terms of the Resolution and the Law are hereby incorporated herein and constitute a contract between the District and the registered owner from time to ti-e of this Bond, and to all the provisions thereof the registered owner of this Bond, by his acceptance hereof, consents and � agrees. Each g registered .owner hereof shall have recourse to all of the provisions of the Law and the Resolution and shall- be hallbe bound by all of the terms and conditions thereof. In addition to the installments of principal = required to be paid by the District as hereinabove se: forth, --- the District shall have the right to prepay, on any interest payment date on or after July 1, 1990, the entire pri::cipal amount hereof then remaining unpaid, or such lesser potion thereof as it may determine in inverse chronological cider of said installments and in multiples of Five Thousand Dollars ($5,000) , at the principal amount of such prepayment plus accrued interest to the date of prepayment. This Bond shall be registered as to principal and interest in an appropriate book at the office of the County Treasurer of San Luis Obispo County, in San Luis Obispo, ~� .' -17- California, and in the space provided on the back of this Bond. This Bond is transferable by the registered owner hereof, in person or by his attorney duly authorized in writing, at the office of said County Treasurer. No transfer of this Bond shall be valid until it has been duly entered in said book and duly noted in the appropriate space on the back z of this Bond. ` As provided in the Resolution, this Bond is ex- ;, changeable at the sole expense of the District at any time after July 1, 1981, upon ninety (90) days' notice, at the request of the registered owner hereof and upon surrender of this Bond to the District at the office of said Count.Y Treasurer, for negotiable coupon bonds, registrable only as to both principal and interest, in an aggregate principal .,. , amount equal to the unpaid principal amount of this Band and maturing as the installments thereof are herein scheduled to be paid, and in the form of coupon bonds proviaad for in the Resolution. -> The Bonds are issued to provide funds for the _ acquisition and construction of improvements to an Enterprise, consisting of the sewer system of the District, as more particularly described in the Resolution. The Bonds are special obligations of the District and are payable, as to the principal thereof and interest thereon, from tae net revenues of said Enterprise (which, as more particularly defined in the Resolution, are therein and herein called the "Net Revenues") . All the Bonds are equally secured by a pledge of, and charge and lien upon, the Net Revenues, and the Net Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds. Additional sewer revenue bonds payable from the Net Revenues may be issued on a parity with the Bonds of this authorized issue, but only subject to the conditions and limitations , contained in the Resolution. sS The-principal of and interest on this Bond are P k�l Pygpues, and the District is not f f —cne credit or .Pt a of,.-'e encumbranC6 upon, 'any of th IMT' of its income or rec The District covenants that, so long as any of the Bonds are outstanding, it will fix, prescribe and collect ;z X rates, fees and charges in connection with the services and =�•r•ar�rx facilities furnished by said Enterprise so as to yiel3 Net Revenues at least equal to the amounts thereof prescribed by the Resolution and sufficient to pay the principal of and interest on the Bonds in accordance with the provisions of the Resolution. The rights and obligations of the District and of the bearers and registered owners of the Bonds may be R 8 i - modified or amended at any time in the manner, to the extent and upon the terms provided in the Resolution. *This Bond is given as evidence of a loan to the District made by the United States of America pursuant to the Consolidated Farm and Rural Development Act, and shall be i, subject to the present regulations of the Farmers Home Admin- istration and to its future regulations not inconsistent with * the express provisions hereof. It is hereby certified that all of the conditions, h- �" �fit',,y thin s and , : Y 3 x d< ;�r 4sA e. issuance of this •+�a�8 ""x:: due Lsa `W o m I i he amount f the ' District does not ex ny unit prescribed by the Constitution or laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Resolution. _ IN WITNESS WHEREOF, the Atascadero County Sanitation District has caused this Bond to be executed under its official seal, signed by the President of its Board of Directors and countersigned by the Secretary of its Board of Directors, and has caused this Bond to be dated July 1,1980. President of the Board of Directors of Atascadero County Sanitation District [SEAL) r r_ f Countersigned; Secretary of the Board of Directors ' of Atascadero County Sanitation District * This paragraph to be used only if the Bond is purchased by the Farmers Home Administration. -19- _ > 'c.wa>Y Y ;`;s�'-;«,r,.•N43^a?*"v,�M;�ir.z�a:,^'d_,'.#`a+:a,ns,,.d*'�-vvGa+ass:�.•--�'.s,.,r.-:-,".� -..� .... - _ _-_ - > - [FORM OF ENDORSEMENT OF PAYMENT] ENDORSEMENT OF PAYMENT The United States of America, Farmers Home Administration, has duly paid for the purchase hereof, on dates and in amounts, as follows: twxy �� ,•� a Signature of the '' -' �• �h� b.�',.�:� County Treasurer of �r Date of Payment Amount of Payment San Luis Obispo County [FORM OF ASSIGNMENT OF INSTALLMENT BOND] For value received, hereby assign and transfer unto the within bond, together with accrued interest thereon, herr by irrevocably constituting and appointing �+ attorney to transfer said bond on the books of the District at the office of the Count Treasurer Y of San Luis Obispo County in San Luis Obispo, California, 1 :- Y with full power of substitution in the premises. - Dated: I ..'�"""I ,~ ..,�,baa" In the presence of •:. _ [FORM OF REGISTRATION ENDORSEMENT FOR INSTALLMENT BOND) Signature of the s ' Date of Name and Address of County Treasurer of � = Registration Registered Owner San Luis Obispo County 44 _�.�,rYb,+SA''R•$i-It�':}�h2-n`�'•���k�'-� :M�s;�y,Y.y) �e�i.eSsW3:YT.^t�^�.7+Y�YY'}YiR tSHx3i _ I _ �� -21- ev (d) The Treasurer shall maintain registration books showing the dates of initial registration and the names and addresses of the owner of the coupon Bonds which are ' - ' registered and of the installment Bond. Ownership of any of such Bonds may be transferred on such books by presentation A� of appropriate instruments of transfer by the registered ✓ `` "s L w� �' r=ate owners or agents duly authorized in writing, together with al-. c sas a +s such Bonds, whereupon the Treasurer shall record the names and addresses of the new registered owners on such books and w on such Bonds. The principal of and interest on the coupon Bonds which are registered and on the installment Bond shall be payable solely to the registered owners thereof. (e) The President ,of the Board is hereby authorize and directed as such officer to sign each of t:^.e Bonds and ts.e Secretary of the Board is hereby authorized and directed to a countersign each of the Bonds and to impress or imprint by facsimile the official seal of the District thereon and to w � sign each of the interest coupons. The signature of said M President may be a printed, lithographed or engraved fac- simile signature, but said Secretary shall manually countersign each Bond and shall sign each of the interest iowcoupons by a printed, lithographed or engraved facsimile signature. In case any officer whose signature or C countersignature appears on the Bonds or coupons shall- cease to be such officer before the delivery of the Bonds to the purchaser, such signature or countersignature shall nevertheless be valid and sufficient for all p rposes the same as though such officer had remained in office until the w delivery of the Bonds. -22- Section 4. Application of Proceeds of Sale of Bonds. Upon the receipt of payment for any of the Bonds when V� the same shall have been duly sold by the District, the District shall set aside and deposit the proceeds received from such sale in the followingres respective funds and in the s r r P , amu: h- a following order of priority: a �w y.+te,....r r++xr-- K+"1 '^':e•vp�a,,:1:.r� ;i. (a) The District shall deposit with the Treasurer in the Bond Service Account provided for in Section 6(e) hereof all accrued interest received upon the sale of any of 1 the Bonds. (b) The District shall deposit the remainder of the proceeds received from the sale of any of the Bonds (including any premium) with the Treasurer in a fund which shall be known as the "Atascadero County Sanitation District 1980 Sewer System Improvement Fund" (herein called the X� - "Improvement Fund") , which the District herein covenants and i .r agrees to maintain with the Treasurer. All money in the y Improvement Fund shall be withdrawn and applied exclusively for the purpose for which the Bonds were authorized to be issued. When such purpose has been accomplished, all money remaining in the Improvement Fund shall be transferred to the Y00. ft Revenue Fund provided for in Section 6(b) hereof. - Section 5. Security of Bonds. (a) The Bonds shall be revenue bonds, payable ,�.ac�,a-r zr�'✓ s s a1.>v ar ...u. 4r_ , exclusively from the Net Revenues as in the Resolution V; r; provided, and are not secured by the taxing power of the District. No recourse shall be had for the payment of the Bonds, or interest thereon, or any part thereof, against the general fund of the District, nor shall the credit or taxing power of the District be deemed to be pledged thereto, and -23- r @ the holders of the Bonds shall never have the right to compel Q , the exercise of the taxing power by the District or the forfeiture of any property of the District. The principal of and interest on the Bonds shall not be a debt of the District i f nor a legal or equitable pledge, charge, lien or encumbrance upon any property of the Districtor upon any income, .4 receipts receipts or revenues of the District, except the Net Revenues pledged to the payment thereof as in the Resolution provided. (b) The Bonds hereby authorized to be issued and all additional sewer revenue bonds which may be issued in t accordance with the terms and conditions hereof shall be special obligations of the District and shall be secured by a `W�'b•wi'n`7�",e?.ni?� ��•�}Ytti�'.�'t Zw as�kh.� pledge of and shall be a charge upon and shall be payable, as u to principal thereof, interest thereon and any premiums upon F the redemption of a thereof, solei .rom and secured b a r n Y _ P Y Y lien upon the Net Revenues as hereinafter provided. The District hereby pledges and assigns for the security of the y -3 Bonds all the Net Revenues; including the Net Revenues of all 4 additions, betterments, extensions and improvements to the s Enterprise which may hereafter be acquired or constructed. ;7,4 4:. ;1.:1 4 ynky 4 +wW,`•::'amu. The sums required to meet the payment of principal of and �+T i•.a,.�'.a.'k"� �,f.'s^' CST 4'WG.. {� interest on all the Bonds and any premiums upon the redemption of any thereof shall be secured by an exclusive pledge, charge and lien upon the Net Revenues, and all the Revenues, together with any interest earned thereon, and the funds hereinafter provided for in Section 6 hereof and any other funds that may hereafter be created from the Revenues for the payment of principal of or interest on or the better securing of the payment of principal o: or interest on the Bonds, shall constitute a trust fund for the security and -24 rc... t•� � w x a y,..:-�+s 4 �.. '�. E a a1. s• r w < c .^"'�'r.,Sp'vu�a Z � �' curS,w. a xr���� s k°•1��x •.: _::; ,--+ rr_`."' �';t��' 4'-.��''�y 'TM ,-�, :-';_ �"_ .:�- �' x:%'`�� *�� a" s:`.;�'&.'"'� a+.r �."*�`#�+a�� �'�#,�-t �"d'4� +r.�''^2 'q t,C,a.e ,..e - payment of the principal of and interest on all of the Bonds and, except as otherwise specifically authorized by the Resolution, shall not be used for any other purpose so long as any of the Bonds or the interest thereon are outstanding :. or unpaid; except that out of such Net Revenues there may be apportioned, so long as the principal of and interest on all w ^p t eri of the Bonds are paid as the same become due and payable, together with all other charges required for the protection or better securing of the Bonds, such sums for such purposes CRY as are authorized and provided for in Section 6(g) hereof. (c) The Bonds and all additional sewer revenue bonds which may be issued in accordance with the terms and conditions hereof shall be equally secured (except as to i; maturity) without priority for the number or date thereof or the time of sale, execution, or delivery thereof, by said pledge, charge and lien upon the Net Revenues pursuant to the 7 ' Law and the Resolution. Said pledge, charge and lien shall be prior and paramount to any and all other claims and obligations that may arise or be incurred against the Net 2 Revenues. Section 6. Revenues and Funds. For the purpose o' making effective the lien of the Bonds provided for in Section 5 hereof, the District covenants and agrees with the holders of the Bonds as provided in this section. (a) Collection and Deposit of Revenues. All fees, tolls, rates and other charges in respect of the sewer service shall be collected by the District by bills of the District covering approximately monthly or bimonthly periods. Each bill shall become delinquent on a date not _ later than thirty (30) days following the date of payment t S -25- �.� s specified therein. If all or any part of any bill is not paid by the date of delinquency and within fifteen days thereafter, the District may discontinue all sewer service, 9t,• s $ for which such bill was rendered. t (b) Revenue Fund. All Revenues shall be deposited '� r= when collected by the District with the Treasurer in a h^ w � � `�av separate fund to be designated as the "Atascadero County Sanitation District Sewer System Revenue Fund" (which fund is hereby created and is herein called the "Revenue Fund") , which said fund the District hereby covenants and agrees to cause to be established and maintained by the Treasurer so A,1112,111011 long as any Bonds are outstanding hereunder. 4. (c) Deposit of Money in Revenue Fund. All money in the Revenue Fund shall be transferred and deposited by the Treasurer in the following manner and order of priority in the following respective separate accounts, each of which the District hereby covenants and agrees to cause to be established and maintained by the Treasures so long as any jf Bonds are outstanding hereunder, and all such money shall be held in trust by the District and the Treasurer in such accounts and-shall be applied, used and withdrawn only for X c�:•i.F+�'"�'Xr'.•�� ,. the purposes hereinafter authorized. (d) Maintenance and Operation Account. The _ x Treasurer shall, on or before the 10th day of each calendar month, transfer from the money in the Revenue Fund and ,_ �� .�•., '��.• deposit to the credit of a separate account designated as the "Atascadero County Sanitation District Sewer System Maintenance and Operation Account" (which account is hereby created and is herein called the "Maintenance and Operation Account, to be held by the Treasurer) , that amount of money ' —26- i which is needed for the payment of the budgeted maintenance r =1 and operation costs of the Enterprise during such calendar ? month, and all money in the Maintenance and Operation Account shall be paid out by the Treasurer solely for such purpose. (e) Bond Service Account. After making the monthly transfer required by Section 6(d) of the Resolution, �w, f rte' ?� the Treasurer shall, on or before the 10th day of each •» -�' calendar month, transfer from the remaining money in the Revenue Fund and deposit to the credit of a separate account designated as the "Atascadero County Sanitation District Sewer Revenue Bond Service Account (which account is hereby created and is herein called the "Bond Service Account," to be held by the Treasurer) a pro rata monthly amount which, together with the money on deposit in said account and available for payment of interest on the Bonds due on July 1, x: 1981, will be sufficient to pay the interest on the Bonds becoming due on July 1, 1981, and thereafter, on or before the 10th day of each calendar month, beginning in July, 1981, a monthly amount equal to the sum of (a) one-sixth of the next succeeding interest payment on the Bonds, until such time as the next maturing installment of interest on the _ "G_�79 A�n4YLl.G32LR_ "I �:•,;,•,•�- ::�,�� x � .,.,_�; Bonds has been fully raid or duly provided for, and (b) one-twelfth of the next succeeding principal payment on the w: r+" . :� Bonds, until such time as the next maturing installment of principal of the Bonds has been fully paid or daly provided for. Money in the Bond Service Account shall be used and withdrawn by the Treasurer solely for the purpose of paying the principal of and interest on the Bonds as the same shall become due and payable. _. -27- i„�•.f:1'4„ .. 'C :..+"",w°'•!-:yhsetkcFGt�.`_F^�afs.ayfira•.n.' AJti,'nM'{'✓i¢3K;o-._M.ar.2riy.,,:L.ii ._..- _ _ _ .. (f) Bond Reserve Account. After making the monthly transfers required by Sections 6(d) and 6(e) of the Resolution, the Treasurer shall, on or before the 10th day of c each calendar month, transfer from the remaining money in the r.� 4a• �*�V•l 3 J } e ipi� � 4 Y a =� ' r Revenue Fund and deposit to the credit of a separate account x�•.x+ .rte t.+..:n t ,y ., y designated as the "Atascadero County Sanitation District .c. x.u 'k+Kc.a7•.ara0.WT+c*-ta ne+j'�Y �,M.w.;,. Sewer Revenue Bond Reserve Account" (which account is hereby Y�„+^,,vs.0 _•..i-•.n*wr.n'.u"'«� 'rr +s-4s" Fx7sri�t",`{4 created and is herein called the "Bond Reserve Account," to be held by the Treasures) , an amount which is equivalent to 10% of the monthly, deposits required for each corresponding month as provided in Section 6(e) of the Resolution, until such time as the funds and/or investments in the Bond Reserve Account shall aggregate_a debt service reserve equal to the Maximum Annual Debt Service, and thereafter whenever the Bona Reserve Account is drawn upon the,Treasurer shall likewise, on or before the 30th day of each calendar month, transfer . r from the remaining money in the Revenue Fund and deposit to 3 the credit of the Bond Reserve Account an amount which is , equivalent to 10% of the aforesaid monthly deposits, until 5 such time as such debt service reserve equal to the Maximum Annual Debt Service shall have been restored; except that no payment need be made into the Bond Reserve Account when anORd if the amounts contained therein and in the Bond Service Account are at least equal to the principal of, together with interest then due or thereafter to become due, on all Bonds ,., then outstanding. In the event that on the 10th day of the calendar month next preceding any principal or interest payment date there shall be insufficient money in the Bond Service Account to pay either the principal of or interest due on such date -28- ... .. .. _ ..- _ ..;ai.✓ .Ga_:..u+:. - :-.>.dk��aa..�£:�..�..,r.�:h•w+a�:-vim:.:-:,��.�,•,ti on the Bonds, then the money in the Bond Reserve Account shall be used to make such payment. All money in the Bond Reserve Account shall be used and withdrawn solely for such purpose or for the retirement of all of the Bonds then outstanding. (g) Surplus Account. After making the monthly. transfers required by Sections 6(d) and 6(e.) and 6(f) of the : • cyc y Resolution, the Treasurer shall, on or before the 10th day of each calendar month, transfer all remaining money in the Revenue Fund and deposit it to the credit of a separate account designated as the "Atascadero County Sanitation District Sewer System Surplus Revenue Account" (which account - is hereby created and is herein called the "Surplus Account," to be held by the Treasurer) . All money on deposit in the Surplus Account may be withdrawn and used by the District for any one or all of the following purposes: (i) To pay any reasonable and necessary } maintenance and operation costs of the Enterprise for 4 the current Fiscal Year for which no adequate budget amount was provided by the District; (ii) To purchase and cancel any of the outstanding Bonds; (iii) To meet debt service requirements on any - Fxssr ^� indebtedness created to pay the costs of the acquisition or construction of additions, betterments, extensions or improvements to the Enterprise; - (iv) To pay the cost of any unusual or extraordinary repairs or replacements of the Enterprise or to make any additions, betterments, extensions or improvements to the Enterprise which will either enhance -29- X001 ,.< its revenue-producing capacity or provide a higher w degree of service; ' (v) To maintain the required debt service reserve equal to the Maximum Annual Debt Service by transferring y to the Bond Reserve Account such amounts as may be f; necessary to eliminate any deficiency in such account; or h r (vi) To make any other lawful expenditure of the District. B { t ;�* '` �cry-�'�r,.• q a s h 1 4 The District shall not make any withdrawal of any money in the Surplus Account if and when the District is in default hereunder; and the Treasurer shall not permit any withdrawal to be made by the District of any money in the ra Surplus Account if and when, to the knowledge of the Treasurer, the District is in default hereunder. S Section 7. Covenants of the District. In order that the payment of the Bonds and interest thereon shall be ' 3 adequately secured, the District covenants and agrees with t z the holders of the Bonds: (a) The District will pay or cause to be paid- :i punctually the principal of the Bonds, and the interest thereon, on the date or dates and at the place in accordance h, with the Resolution. (b) The District will operate the Enterprise in an efficient and economical: manner and will keep and maintain the .Enterprise in good repair and operating condition from the Revenues available for such purposes as provided herein, i and will operate the business in connection therewith in an efficient manner and at a reasonable cost, and will prescribe, revise and collect such fees, tolls, rates and other charges in connection therewith so that the sewer i -30- service is furnished to the inhabitants of the District and , other users at the lowest possible cost consistent with sound economy and prudent management and the security and payment of the principal of and interest on the Bonds. a} (c) The District will fix fees, tolls, rates and _ a other charges for the sewer service so as to yield Revenues at least sufficient with respect to the then immediately 5•. ensuing twelve months' period, after making due and w` reasonable allowances for contingencies and errors in the r. estimates, to pay each and all of the following charges in the respective priority and order below set forth, to wit: (i) All maintenance and operation costs of the Enterprise; (ii) All payments of principal of and interest on the Bonds as they become due and payable; (iii) All payments required for compliance in all respects with the terms of the Resolution, including particularly the provisions of Section 6 hereof; and (iv) All payments to meet any other obligations of the District which are charges, liens, or encumbrances upon,on or payable from, the Revenues.ven ues. (d) The District will preserve and protect the security of the Bonds and the rights of the holders thereof, and will warrant and defend such rights against all claims L � and demands of all persons. From and after the sale and delivery of any of the Bonds by the District, such Bonds and coupons appertaining thereto shall be incontestable by the District. . (e) The District- will pay and discharge, or cause to be paid or discharged, any and all lawful claims for Tabor, materials and supplies which if unpaid might by law become a lien or charge upon the Net Revenues or any part of the Net Revenues prior to or superior to the lien of the r Bonds, or which might impair the security of the Bonds, to the end that the priority and security of the Bonds shall be fully preserved and protected. rxt71" t� �fi + (f) The District will collect and hold in trust *' the Net Revenues or other funds pledged to the payment of the principal of and interest on the Bonds for the benefit of the holders of the Bonds and will pay the same over to the r Treasurer as herein provided and will apply such Net Revenues or other funds only as providedbythe Resolution, or, if the Resolution shall hereafter be modified in the manner provided herein, only as provided in the Resolution as modified. (g) The District will keep accurate financial records and proper books relating to the Enterprise (separate from all other records and accounts of the District) in which s complete and correct entries shall be made of all transactions relating to the Enterprise or any part thereof, and which, together with all other books and records of the District, shall at all times during business hours be subject -+?Wry-ic�:xa��•-.•.�,N�.'�?.�r!ar�r;x`r-+�.;r-_ts: ���.a to the inspection of the holders of the Bonds and their AR agentsandrepresentatives. (h) The District will, not later than 90 days slpft 'isTitd�k after the end of each Fiscal Year, furnish to any holder of Bonds who shall request the same in writing copies of audit - - reports .prepared by an independent public accountant reflecting in reasonable detail the financial condition and record of operation of the District and the Enterprise. �:� .a?":3'.L.W" r ..qi7!,: .'�•f ,i,:�, 'r'�i`�".i�!1,.ara,.z -.i_ _,> .. Y ., - ,. .. ':':" ..• .- (i) The District will not mortgage or otherwise ` = encumber, pledge or place any charge upon the Enterprise, or any of the Net Revenues, and will not sell, lease or other ;Y wise dispose of the Enterprise or any part thereof necessary r - to its operation or use or necessary to the maintenance of the Net Revenues, or enter into any lease or agreement which impairs or impedes the operation of the Enterprise or any part thereof necessary to secure adequate Net Revenues for the payment of the principal of and interest on the Bonds, or which otherwise would impair the rights of the holders of the aBonds with respect to the Net Revenues or the operation of the Enterprise. The District will at all times maintain with P responsible insurers for the benefit of the holders of the h t 5' Bonds insurance on the Enterprise, which shall be adequate in ' amount and as to the risks insured against, including insurance against accident to or destruction of the y _ Enterprise or any part thereof, against such risks as are usually insurable in connection with similar enterprises. In the event of any loss or damage the District shall repair or reconstruct the damage to any portion of the Enterprise and shall apply to payment of the cost of such repair or reconstruction the proceeds of insurance covering such loss or damage as herein provided. The District shall begin such work of repair or reconstruction promptly after such loss or '�•-` damage. shall occur and shall continue and properly complete the same as expeditiously as possible and shall pay or cause to be paid out of the proceeds of suc^ insurance all costs . and expenses in connection therewith so that the same shall be completed and the Enterprise shall be free and clear of F -33- all liens and claims. If the proceeds received by reason of q any such loss shall exceed the cost of such repair or reconstruction, the excess shall be deposited by the District in the Revenue Fund and shall be used and withdrawn only for, - the purposes specified in Section 6 hereof. The District r* will also carry for the benefit of the holders of the Bonds a 4f°s•,'mKa•'�..r"*•fn OP`t-S^tggvd�,s�.y..�rt••+. :±! �arar ,,;f fidelity bond with respect to each officer and employee of the District who receives, collects or has in his care or wax custody any of the proceeds of sale of the Bonds or any funds ~ of the Enterprise, each such fidelity bond to be in an amount , .� at least equal to the total money at any one time in the custody of such officer or employee. (k) The District will pay and discharge or cause to be paid and discharged all taxes and assessments and other governmental charges which may hereafter be lawfully imposed upon the Enterprise or upon any part thereof or upon any Revenues therefrom when the same shall become due; and the A District will duly observe and conform to all valid- requirements of any governmental authority relative to. the 2 Enterprise or any part thereof. (1) The District will have in effect at all times FA•�'�'a'W3wS+15�3�r an ordinance of the District establishing rates, charges, rules and regulations relating to the sewer service, • including provision for no free service, and requiring.every person whose premises are connected to the Enterprise to pay �? M- the fees, tolls, rates and other charges applicable to the water service furnished to such premises. Said ordinance will provide that any person connecting to the Enterprise shall pay all costs of such connection. i -34- I �.:: '^�C-"�""r„roa2-3';:,i���v�,�?�''n4:;FnZw,.^v�!:.:a+.*;c..+, .a«.�+*w:s -.�;A.2•-_ -+i^.. ._.. _ - .. ... (m) The District will not acquire, construct, z �. k operate or maintain, and will not within the scope of its powers permit any other public or private corporation, political subdivision, district or agency or any person whatsoever to acquire, construct, operate or maintain, within y Y r the District or any part thereof, any system or .utility competitive with the Enterprise. (n) The District will not permit any part of the Enterprise, or any facility thereof, to be used or taken r advantage of free of charge by any person, firm or corpo- ration, or by any public agency (including the State of California, the United States of America, or any public 7W7777,1t:. corporation, political subdivision, city, county, district, or ,agency of any thereof and the District or any agency of t the District) . z None of the foregoing covenants, agreements or duties shall be construed to require the expenditure in any manner or for any purpose by the District of any funds other' than Revenues received or receivable from the Enterprise. Section 8. Additional Sewer Revenue Bonds. The District covenants and agrees with the holders of the Bonds that additional sewer revenue bonds having a lien uponand payable from the Net Revenues (including all Net Revenues from any additions, betterments, extensions or improvements to the Enterprise) may be .issued upon a parity with the Bonds but only as y , y provided in this section and only for the purpose of acquiring or constructing additions, betterments, extensions or improvements to the Enterprise, or for the a -35 - - - - - s=v r r. ,�M.cs x .war... .k--.rwr:�rwv�.,�e•;e::r..',�s.;«...,,� purpose of refunding any of the Bonds, or for any combination. ` of such purposes, and subject to the following conditions: (a) The District shall not at the time of the issue of such additional sewer revenue bonds be in default under the Resolution or under any Supplemental Resolution providing for the issuance of additional sewer revenue bonds; * k (b) The issuance of such additional sewer revenue bonds shall have been duly authorized pursuant to the Law; r a (c) The issuance of such additional sewer revenue bonds shall be provided for by a Supplemental Resolution duly adopted by the Board, the last maturity date of such additional sewer revenue bonds shall not be earlier than the last maturity date of the outstanding Bonds and such additional sewer revenue bonds shall mature on the anniversary date of the Bonds; r (d) The Net Revenues of the Enterprise for the 4 last recorded twelve consecutive calendar months next preceding the date of the adoption by the Board of the Supplemental Resolution authorizing the issuance of such additional sewer revenue bonds, as shown by a certificate of :macw an independent public accountant, plus the estimated amount «-rarr .7-Fc.wY?�,"�-�-,c.RT�'Ms.a'•Y�+.'r+rl�Fa�a=Srr?rx „ of the increase in Net Revenues for the first full twelve-month period in which the proposed additions, xur betterments, extensions or improvements to the Enterprise will be in operation, as shown by an opinion of an �r•L+ y "91tu$CaYT°+�.{�35.�7��+E_�'i rY'��s.�,' independent consulting engineer, are at least equal to 1.2 times the Maximum Annual Debt Service on all of the Bonds then outstanding and on such additional sewer revenue bonds- proposed to be issued. .__., -36- In the event that any additional sewer revenue bonds are to be issued for the purpose of refunding and retiring only a portion of the Bonds then outstanding, then t for the purpose of the calculation required under preceding x - paragraph (d) , the Maximum Annual Debt Service on the i outstanding Bonds and on such additional sewer revenue bonds shall be determined as if said portion of the Bonds so to be refunded or retired is no longer outstanding; provided that nothing in the Resolution contained shall limit or restrict the issuance of any additional sewer revenue bonds if, at or before the issuance and delivery of such additional sewer revenue bonds, all Bonds theretofore issued will no longer be outstanding. Section 9. Further Assurances. The District will from time to time adopt such further resolutions and make, execute, deliver and record such further instruments and assurances as may now or hereafter be authorized by law or as :4 ` may reasonably be required to comply with the terms and provisions of the Resolution in order to assure to the holders of the Bonds the rights and benefits herein provided for them. Section 10. Eminent Domain Proceedings. If all or -40 any part of the Enterprise shall be by eminent domain proceedings or other proceedings authorized by law, the net proceeds realized by the District therefrom shall be deposited by the District in a special fund with the Treasurer, in trust for the exclusive benefit of the holders -37- i of all Bonds then outstanding, subject to the following conditions: (a) If such funds are sufficient to provide for the payment of the entire amount of principal due and to _`. become due upon all Bonds then outstanding (either at ` maturity or upon the earliest call for redemption) , together with interest thereon, then such funds shall be applied by the District to the payment of the principal of and interest 1.4 on the Bonds as the same become due (either at maturity or upon the earliest call for redemption) . (b) if such funds are insufficient to provide for the purpose in subparagraph (a) of this section, then such " funds shall be applied by the District pro rata first to the payment of the principal of the Bonds and then to the payment of the interest thereon, and the holders of all outstanding Bonds shall be entitled to share in such funds equally and ratably in the proportion which the principal amount of the Bonds owned by each holder bears to the total principal amount of all the Bonds then outstanding, without preference or priority of any one Bond over any other Bond, and r vuirrespective of any registration of such Bond for nonpayment or otherwise as provided by law, so that all of the Bonds shall be deemed under such circumstances to be on a parity and entitled to share in such proceeds on the basis of absolute equality. No such pro rata sharing shall impair the <x„ 1 -au�ra4.e�jr°. y, right of the holder of any Bond, which is absolute, to r receive payment in full of the principal of and interest on all of the Bonds held by him from any source of payment or from any funds which may then or thereafter be available for such payment by the District, r -38- l i Notwithstanding anything herein contained, if such eminent domain proceedings do not substantially impair or r q j affect the operation of the Enterprise or the ability of the District to meet all of its obligations hereunder with =j respect to the payment of the principal of and interest on N Y { the Bonds, then the Board may by resolution so determine and declare (which determination shall be final and conclusive) , whereupon such net proceeds realized by the District shall be < . considered to be and treated as Revenues hereunder. Section 11. Default; Remedies of Bondholders. (a) If one or more of the following events (herein called "events of default") shall happen, to wit: (i) If default shall be made in the due and punctual payment of the principal of any of the Bonds when and as the same shall become due and payable, and such default shall have continued for a period of thirty } (30) days; (ii) If default shall be made in the due and punctual payment of any interest on any Bond when and as j such interest shall become due and payable, and such default shall have continued for a period of thirty (30) days; (iii) If default shall be made by the District in ' the observance of any of the covenants, agreements or conditions on its part in the Resolution or in the Bonds contained, and such default shall have continued for a period of thirty (30) days; or (iv) If the District shall file a petition or answer seeking reorganization or arrangenent under the Federal Bankruptcy Laws or any other applicable law or -39- statute of the United States of America, or if a"court - ---r ,• a of competent jurisdiction shall approve a petition, µ filed with or without the consent of the District, ;t seeking reorganization under the Federal Bankruptcy Laws _ t or any other applicable law or statute of the United States of America, or if under the provisions of any •. w 4r n 9w other law for the relief or aid of debtors any court of competent jurisdiction shall assume custody or control r. of the District or of the whole or any substantial para r of its property; then and in each and every such case the holders of twenty- a five per cent (25%) of allofthe Bonds then outstanding ` *+ M t shall be entitled, upon notice in writing to the District, to -. declare the entire` -• principal of the Bonds and the interest accrued thereon to be due and payable immediately, and upon ' t any such declaration the same shall become and shall be immediately due and payable, anything in the Resolution or in the Bonds contained to the contrary notwithstanding. All of the Revenues of the Enterprise, including "y s all sums in all of the funds and accounts provided for in Section 6 .hereof upon the date of the happening of any event Fz' of default, and all sums thereafter received by the District hereunder -shall be applied by the District and the Treasurer in the order following: First, to the payment of the costs and expenses of . ., , - the holders of the Bonds in declaring such event of default, including reasonable compensation to their agents, attorneys and counsel; and Second, to the payment of the whole amount then owing and unpaid upon the Bonds for principal and interest, '♦r s x -40- ,r-.J ; and in case such money shall be insufficient to pay in full the whole amount so owing and unpaid upon the Bonds, then to the payment of such principal and interest without preference or priority of principal over interest, or of interest over principal, ratably to the aggregate of such principal and interest. (b) Any holder of Bonds shall have the right, for 14 the equal benefit and protection of all holders of Bonds .similarly situated: (i) By mandamus or other suit or proceeding at law or in equity to enforce his rights against the District, the Board, and any officers, agents and employees of the District, and to require and compel the District, the Board, or any such officers, agents or employees, to _ perform and carry out their duties under the Lair and their agreements with the holders of the Bonds as pro- vided in the Resolution; (ii) By suit in equity to require the District and the Board to account as if they were the trustee of an _ express trust; or (iii) By suit in equity to enjoin any acts or things which may be unlawful or violate the rights of the holders of the Bonds. ` Except only as provided in Section 12 hereofJ. , nothing in the Resolution or in the Bonds contained shall affect or impair the obligation of the District, which is X. absolute and unconditional, to pay the principal of and interest on the Bonds to the respective holders of t.. Bonds at the respective dates of maturity, as herein provided and out of the Net Revenues herein pledged for such payment, or -41- _ affect or impair the right of action of such holders, which -' is also absolute and unconditional, to institute suit to enforce such payment by virtue of the contract embodied in the Bonds. The remedies conferred hereby and by the Law upon { the holders of the Bonds do not exclude any other remedy, but 1 each such remedy is cumulative and in addition to every other a remedy and may be exercised without exhausting and without regard to any other remedy conferred hereby or by the Law or "`. by any other law. A waiver of any default or breach of duty or contract by any holder of Bonds shall not extend to or affect any subsequent default or breach of duty or contract .ii Y s`.tWi X N.t: tEIY or impair any rights or remedies on any subsequent default or breach. The delay or omission of any holder of Bonds to exercise any right or power accruing upon any default shall >.: not impair any such right or power and shall not be a waiver of any such default or acquiescence therein. Every substan- ;� r tive right and every remedy conferred upon any holder of Bonds may be enforced and exercised as often as is deemed r expedient. If any suit, action or proceeding to enforce any right or exercise any remedy shall be abandoned or determined �taa.+,. »err�,Cw�ra�-sem-�:�,e=�.�-•.^b,+:v�ix?;a, - adversely to any holder of Bonds, then, and in every such case, the District and such holder shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. Section 12. Amendment of Bonds and Resolution. a All of the provisions of the Resolution shall constitute a contract between the District and the holders of the Bonds hereby authorized, and from and after the sale and delivery of any of the Bonds no amendment, alteration or modification �': -42- �`c"� ��" -" -� - :• • � -.v. ,,r--..r...3+^•,,.'4>sr,`5:�1.c+..,e,:±zw«'�aat+�'.rr..9�—. �?xc-;eza_�.->, _ _:-.—.�..�_- --..>.�.. � - of the Bonds or the coupons appertaining thereto or of the Resolution shall be made which shall in any manner impair, impede or lessen the rights of the holders of the Bonds or the coupons appertaining thereto then outstanding, except by a Supplemental Resolution approved by the prior written consent of the holders of seventy-five per cent (75%) of all V 4 a r a x of the Bonds then outstanding; except that no such amendment •M:4 �y�_,�,,,.�,. a :_ , .•, ,; ;,; shall affect the interest rate or maturity date of any Bonds without the consent of the holders thereof. Section 13. Discharge of Resolution. Whenever the �� �• Bonds and all interest then accrued thereon shall have been ay -,gip.: fully paid and discharged, or provision adequate therefor shall have been made, the agreements in the Resolution contained shall cease and determine and the District shall be under no further obligation to apply the Revenues of the > Enterprise as herein required, or otherwise to do or perform 1r` any of the covenants, conditions or agreements in the Resolution contained. Section 14. Partial Invalidity. If any section, `Y paragraph, subdivision, sentence, clause or phrase of the Resolution shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional, unenforceable or invalid, such judgment shall not affect the validity of �' >• the remaining- g portions of the Resolution. The Board hereby declares that it would have adopted the Resolution and each and every other section, paragraph, subdivision, sentence, . . clause and phrase hereof and would have authorized the issuance of the Bonds pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of the Resolution or the x -43- application thereof to any person or circumstance, may be held to be unconstitutional, unenforceable or invalid. y Section 15. Effective Date of Resolution. The Resolution,shall be forthwith entered upon the minutes of the Board and shall take effect immediately upon adoption. PASSED AND ADOPTED by the Board of Directors of the w � '= �� r••� Atascadero County Sanitation District this 17th day of June, _ u Q.,�• ;n ,n; �.� .. .:� 1980, by the following vote: AYES: Directors NOES: ABSENT: • President of the Board of Directors of Atascadero County Sanitation District [SEAL] Attest- Secretary of the Board of Directors of Atascadero County Sanitation District *«4!T.c+.>A�:•A:�3(..J'��.�lAa•.Sk.:�fiaCsr7+�:;;# - -44- l .. woo SECRETARY'S CERTIFICATE Secretary of the Board K . of Directors of Atascadero County Sanitation District, San xs "` Luis Obispo County, California, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of said Board of Directors duly and regularly and legally held at the regular , meeting lace thereof on June 17, 1980, of which meeting all 9 P of the members of said Board of Directors had due notice and at which a majority thereof was present. At said meeting said resolution was adopted by the i following vote: AYES: Directors r NOES: ..r a ABSENT: f fir, --•..:, I have carefully compared the same with the origi- nal minutes of said meeting on file and of record in said District, and the foregoing is a full, true and correct copy 3 of the original resolution adopted at said meeting and entered in said minutes. a .z Said resolution has not been amended, modified or « � rescinded since the date of its adoption, and the same is now in full force and effect. ,_M. Dated: June _, 1980. - � _ Secretary of the Board of Directors s ,? y of Atascadero County Sanitation District -45-