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Home My WebLink AboutAgenda Packet 05/10/1982 0 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting May 10, 1982 7: 30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call 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 26 , 1982 (RECOMMEND APPROVAL) 2. Treasurer ' s Report, 4-1-82 to 4-30-82 (RECOMMEND APPROVAL) 3. Acceptance of Parcel Map AT 810831:1 (82-70) , 8355 San Rafael Road, Dutch Nichols (Hilliard) (RECOMMEND APPROVAL OF PLAN- NING COMMISSION RECOMMENDATION) 4. Acceptance of Parcel Map AT 79-031, 7405 Balboa Road, David M. Renton (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Tentative Parcel Map AT 820309 : 2, 7565 Sombrilla Avenue, Z . M. and Helen Walley (Twin Cities Engineering) to allow division of a 1. 59 acre parcel into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Tentative Tract Map AT 820224: 1, 4401 E1 Camino Real, Steven E. Jacobsen (Hohenstein) to allow conversion of existing commercial building into ten commercial condominiums (RECOM- MEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on Conditional Use Permit U820331: 1, 6955 Por- tola Road, Church of Jesus Christ of Latter Day Saints, to allow a commercial trailer to be used as temporary classroom • space for a period of two years while a permanent building is under construction at another site 2. Report from Planning Director regarding parcels created in violation of subdivision regulations C. UNFINISHED BUSINESS • 1. Ordinance No. 52 amending Section Map 12-0-33 of the Official Zoning Maps of the City of Atascadero by placing certain property in the R-4-D Zone, Kleinhammer - first reading D. NEW BUSINESS None E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS (Council will recess and convene as the Atascadero County Sanita- tion District Board of Directors) 1. Offer of the United States of America to purchase up to $1,300,000 of 1982 Sewer Revenue Bond to the Atascadero County Sanitation District in order to aid in financing the acquisition and construction of wastewater treatment improve- ments for the District 2. Resolution No. 19-82 - Loan resolution 3. Equal opportunity agreement 4. Non-discrimination agreement s 5'. Resolution No. 20-82 selling $1,300 ,000 principal amount of Atascadero County Sanitation District 1982 Sewer Revenue Bonds (The Board of Directors will adjourn and convene as City Council) 6. Resolution No. 21-82 determining City compliance with the terms and conditions of the Atascadero County Sanitation Dis- trict 1982 Sewer Revenue Bonds 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 26 , 1982 7: 30 p.m. Atascadero Administration Building The meeting was called to order at 7: 30 p.m. with the Pledge of Allegiance. Reverend E. B. Claud of the Atascadero Bible Church gave the invocation. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins ABSENT: None PUBLIC COMMENT 1. Mr . Ed Halliday announced that he accepted the Mayor' s offer to meet with him to discuss his (Mr . Halliday' s) problems with the Planning Department as long as it was a meeting open to the public and press. Mayor Wilkins questioned the accuracy Mr . Halli- day' s statement and stated that because of the hearing possibility of Mr . Halliday' s appeal, he would wait for a report on Mr . Halliday' s assertions before he would respond. A. CONSENT CALENDAR 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) • 7. Acceptance of Lot Line Adjustment LA 810817:1, 5300 Traffic Way, Ernest and Neta Simon (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) MINUTES - ATASCADERIPCITY COUNCIL - APRIL 26, #82 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) Mayor Wilkins reviewed all items on the Consent Calendar . Coun- cilman Highland requested that item A-9 be withdrawn and considered separately. Councilman Mackey stated that she wished to make some comments on items A-5 and A-7. MOTION: Councilman Stover moved that the Consent Calendar be approved with the exception of items A-5, A-7 and A-9 . The motion was seconded by Councilman Mackey and unanimously carried by roll call vote. A-5 Acceptance of Parcel Map AT 811211:1, 8030 E1 Camino Real, Everett and Ruth Knight A-7 Acceptance of Lot Line Adjustment LA 810817: 1, 5300 Traffic Way, Ernest and Neta Simon Councilman Mackey was concerned about the size of the lots ap- proved by these actions. Larry Stevens stated that the half-acre min- imum applies to residential lots, not commercial. A-9 Rules of Procedure for the Building and Construction Board of Appeals Councilman Highland was concerned about Section 15, page 5 of the proposed rules. He did not feel it was necessary to add that section. Mr . Stevens stated that it was extracted from the Planning Commission rules. MOTION: Councilman Highland moved that Council accept items A-5, A-7 and A-9 and recommendations. The motion was seconded by Councilman Stover and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of Jay Salter requesting Council support of the Nuclear Arms Freeze Initiative Larry Waugh stated that Mr . Salter had organized this item, how- ever, he would present it to Council. He requested that Council sup- port a resolution which would be read by Rollin Dexter of the United Methodist Church. Reverend Dexter read a proposed resolution which would support the bilateral nuclear weapons freeze initiative. Also speaking in support of this resolution were Dr. Willard Osibin, Dr . Dugald Chisholm and Ted Munson. • Councilmembers assigned No. 18-82 to the proposed resolution. 2 MINUTES - ATASCADEROITY COUNCIL - APRIL 26, 102 MOTION: Councilman Mackey moved for the adoption of Resolution No. 18-82 subject to approval of the City Attorney as to the wording of the resolution. The motion was seconded by Coun- cilman Nelson. Councilman Highland stated that he would be voting no on the pro- posed resolution, however , not because he is in favor of nuclear arms. He believes that there is no such thing as a "limited" nuclear war . He does not think that the proposed resolution really gets to the root of the problem; the initiative does not say anything about nuclear weapons reduction, just a freeze which he does not believe will accom- plish anything. Councilman Mackey disagreed stating that there is a need to stop producing nuclear weapons and then start moving in the right direction Councilman Nelson expressed the hope that other major powers would support this initiative. The. motion carried with Councilman Highland voting no. 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 contruct a commercial office project with approximately 14 , 000 square feet of floor area • Larry Stevens reviewed the the application and the Planning Com- mission' s consideration for the zone change, Departmental Review for offices subject to conditions and the Tentative Tract Map for offices to become condominiums subject to conditions. The Planning Commission approved the Negative Declaration and Zone Change with a finding that the rezoning is consistent with the Commercial-Professional designa- tion in the General Plan. ,Mayor Wilkins declared the hearing open to the public. Terry Orton, engineer for the project, supported the Planning Commission' s recommendation and agreed with the conditions. Al Sherman, a resident in the area, spoke in opposition to the project. He objected to hav- ing to look at the back wall of a two-story building. He also felt that the building would add to the drainage problems in the area. The hearing was closed to the public and Councilmembers discussed the project at length. Councilman Mackey was in favor of shifting the development so that the parking lot faced Navajoa thereby mitigating the visual impact for Navajoa residents. Mr . Stevens explained that the visual impact had been considered and mitigating measures taken to alleviate the two-story "wall" the residents would have to face, such as requiring a 25-foot set back, architectural measures extended to the back of the building as well as the front and landscaping. It was felt that the noise, car fumes, lights, etc. would be more of an im- pact on the residents than the building as designed. 3 MINUTES - ATASCADERIOCITY COUNCIL - APRIL 26 , 082 Councilman Nelson felt that perhaps a one-story building should have been considered for this property. MOTION: Councilman Highland moved that Council adopt the Planning Commission' s recommendation regarding this project. The mo- tion was seconded by Councilman Stover and carried with Coun- cilman Mackey and Nelson voting no. Mr. Stevens stated that an ordinance changing the zoning would be brought back for Council adoption. 3. Report regarding San Luis Obispo County Area Council of Gov- ernments agenda, May 6, 1982 agenda Larry McPherson reviewed the agenda by discussing those items with which City Staff had a different recommendation than the COG staff. 1. Item 10 regarding a meeting schedule for the Area Council and TTAC; City Staff recommended that the COG meetings be moved one week ahead of the present schedule. Then all city coun- cils would have time to consider the agenda instead of just half of them. 2. Item 11 regarding the Social Services Transportation Coordin- ation Plan; City Staff recommended that the comments from CTAC and TTAC be incorporated in the final document. 3. Item 12 regarding request for improved public transit ser- vices; City Staff recommends that the Paso Robles/San Luis Obispo commuter link not be implemented until the demonstra- tion project is completed allowing an assessment as to the validity of the Atascadero/San Luis Obispo commuter link. 4. Item 16 regarding Local Transportation Fund apportionments; City Staff recommends that the handicapped system be taken out of this claim fund and be considered in Section 8 and 4 claim funds. Cities should have control over the apportion- ment of their funds rather than allowing automatic disburse- ment. 5. Item 17 regarding a procedural change in the transfer of Transportation Develoment Act funds; Staff recommends sup- porting the TTAC recommendation for local control of TDA funds. Council agreed with the recommendations. C. UNFINISHED BUSINESS None 4 MINUTES - ATASCADEROOITY COUNCIL - APRIL 26, 1*2 . D. NEW BUSINESS 1. Council suggestions for General Plan Amendments/Cycle 2 (1982) Larry Stevens reviewed the requests for the Cycle 2 General Plan Amendments and asked Council if they had any additional items to be considered. Councilman Nelson asked about studies concerning indus- trial areas. Mr . Stevens said there were adequate opportunities for development, however , the subject needs some study. Doug Lewis asked about studies dealing with problem or hazardous building sites. Mr . Stevens did not feel that the General Plan was the proper place to address this matter . He outlined the various avenues for identifying problem areas. Council had nothing to add to the Cycle 2 amendments. 2. Request of Mr . Sells, Plaza del Camino manager, for no park- ing zone on E1 Camino REal Mayor Wilkins reviewed this matter stating that Mr . Sells was re- questing a no parking zone in front of the Plaza del Camino because of sight distance problems. It was noted that Council recently decided that parking would be allowed based on recommendations from a Citizens Parking Committee. Lon Allen, a member of that committee, stated that several of the merchants in the Plaza had been contacted during the committee' s consideration of the parking situation and they had de- manded that some parking be allowed there. That was the reason the Parking Committee had recommended 2-hour parking in that area. Council decided not to take action on this matter pending a Cal- Trans determination on Council recommendations. 3. Approval to request proposals for development of a park plan for the Park at Atascadero State Hospital site Mr. Warden reviewed this noting that the Parks and Recreation Ad- visory Board had recommended soliciting proposals for development plans for the park. MOTION: Councilman Nelson moved that Council authorize Staff to seek proposals for the development of the Park. The motion was seconded by Councilman Highland and unanimously carried. E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS MOTION: Councilman Nelson moved that Council adjourn from this meet- ing as City Council and reconvene as the Atascadero County Sanitation District Board of Directors. The motion was sec- onded by Councilman Mackey and unanimously carried. 1. . Consideration of resolutions approving bond issue for Atasca- dero County Sanitation District Mr. Warden reviewed the two resolutions which must be adopted in 5 MINUTES - ATASCADERPCITY COUNCIL - APRIL 26 *82 order to start the cash flow for the sewer project. Doug Lewis ob- jected to a statement in one of the resolutions which stated that sewer service could be discontinued for non-payment of bills. He did not feel that discontinuing service is proper . Allen Grimes felt that the resolution was proper as is. RESOLUTION NO. 16-82. Resolution providing for the issuance of $1,300 , 000 principal amount of Atascadero County Sanitation Dis- trict 1982 Sewer Revenue Bonds and prescribing the terms, condi- tions, dates, forms, maturities, redemption provisions and rate of interest on said bonds MOTION: Director Highland moved that Resolution No. 16-82 be read by title only. The motion was seconded by Director Mackey and unanimously carried. President Wilkins read Resolution No. 16-82 by title only. MOTION: Director Highland moved for the adoption of Resolution No. 16-82. The motion was seconded by Director Stover and unanimously carried by roll call vote. RESOLUTION NO. 17-82. Resolution setting the time and place for the sale of $1,300 , 000 principal amount of Atascadero County Sani- tation District 1982 Sewer Revenue Bonds and directing notice of sale of said bonds to be given MOTION: Director Highland moved that Resolution No. 17-82 be read by title only. The motion was seconded by Director Nelson and unanimously carried. President Wilkins read Resolution No. 17-82 by title only. MOTION: Director Highland moved for the adoption of Resolution No. 17-82. The motion was seconded by Director Stover and unanimously carried by roll call vote. Mr . Warden stated that the bonds would be advertised in the paper and the City should receive the first funding for this project within three to four weeks. MOTION: Director Highland moved that the Board of Directors adjourn and the City Council reconvene. The motion was seconded by Director Nelson and unanimously carried. Council convened with all members present. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Nelson asked Mr . Warden if there had been any solution to Mr . Halliday' s problem. Mr . Warden stated • that Staff is in the process of getting information together . 6 MINUTES - ATASCADERO'fi;ITY COUNCIL - APRIL 26 , 102 (b) Councilman Mackey reminded everyone about the Beautifi- cation Committee' s contest on trees. The Museum will have an open house on May 14th to view the entries. (c) Mayor Wilkins reminded Council that the Channel Counties Division of the League of California Cities will be holding their quarterly meeting in Fillmore on Friday, May 7th. 2. City Attorney Mr . Grimes had nothing. 3. City Manager (a) Mr . Warden stated that the Capital Improvement Program (CIP) would be on the agenda at the next meeting and he asked Council to get their comments to him so that they could be in- cluded in the final draft. (b) Mr . Warden requested a closed session to discuss labor negotiations. He said that there would not be an an- nouncement after the closed session. The meeting adjourned to closed session at 9: 38 p.m. and returned to regular session at 10 : 15 p.m. at which time they adjourned. Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk 7 ' f t f CITY OF ATASCADERO TREASURER'S REPORT . April 1, 1982 to April 30 , 1982 BALANCE AS OF MARCH 31,1982 $ 12,061.90 RECEIVED 758,465 .38 TOTAL $ 770 ,527 . 28 HAND CHECK REGISTER DATED 04/30/82 79 ,432. 66 CHECK REGISTER DATED 04/12/82 45, 739. 42 CHECK REGISTER DATED 04/20/82 54 ,797 . 31 CHECK REGISTER DATED 04/30/82 39 , 258 .51 EXPENSE LISTING 481,855 . 56 TOTAL $ 701,083. 46 BALANCE AS OF APRIL 30, 1982 69,443.82 PETTY CASH 37 . 88 LOCAL AGENCY INVESTMENT FUND 170 ,000 . 00 TIME DEPOSIT, SECURITY PACIFIC NATIONAL BANK 12.75% Interest, Matures 5/12/82 100 ,000 . 00 TIME DEPOSIT, CENTURY FEDERAL SAVINGS 14. 00% Interest, Matures 05/17/82 100 , 000.00 TIMEEP - D OSIT, MID STATE BANK 13.10% Interest, Matures 6/1/82 100 ,000 . 00 TIME DEPOSIT, SECURITY PACIFIC NATIONAL BANK 15 .0% Interest, Matures 6/16/82 100 ,000 .00 TIME DEPOSIT, FIDELITY SAVINGS 15 .75% Interest, Matures 6/16/82 100 ,000 .00 TIME DEPOSIT, SANTA BARBARA SAVINGS 14 . 0% Interest, Matures 7/12/82 100 ,000 .00 TIME DEPOSIT, BANK OF AMERICA 14 .75% Interest, Matures 7/16/82 100 ,000 .00 TIME DEPOSIT, MID-STATE BANK 14 . 75% Interest, Matures 7/19/82 100 ,000 .00 TIME DEPOSIT, MID-STATE BANK 14 . 00% Interest, Matures 8/23/82 100 ,000 .00 TIME DEPOSIT, SECURITY PACIFIC BANK 14. 00% Interest, Matures 8/9/82 100 ,000 .00 TOTAL $1, 239, 481. 70 RECEIVED LISTING • April 1, 1982 to April 30, 1982 TAXES Sales & Use $ 37 ,500 .00 Property Transfer Tax 1, 580 . 37 Motor Vehicle "In Lieu" 26 , 967 .80 Cigarette Tax 5,148. 27 Prior Year Secured/Unsecured Tax 844 .19 Occupancy Tax 806 .70 Current Secured/Unsecured Tax 178 , 290 . 89 Miscellaneous Taxes -0- Franchises 120 ,955 . 86 LICENSES/PERMITS/FEES 13 , 591.94 GAS TAX 11, 368.98 TRAFFIC SAFETY 4 ,034 .44 RECREATION 10 , 336 .14 FRO114 L.A.I .F. 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Ln 23-L 0 0 EXPENSE LISTING April 1, 1982 to April 30 , 1982 Payroll dated 04/07/82, Checks 8196-8293 $ 39,002. 41 Payroll dated 04/21/82, Checks 8295-8371 38, 247 .15 Mid-State Bank LAIF Deposit Check #12031 80 ,000 . 00 Mid-State Bank LAIF Deposit Check #12036 50 ,000 . 00 Mid-State Bank LAIF Deposit Check #12038 30 , 000 . 00 Mid-State Bank LAIF Deposit Check #12046 45 ,000 .00 Mid-State Bank Time Deposit Check #12053 100 ,000 . 00 Security Pacific Bank Time Deposit Check #12054 100 ,000 .00 Void Check 13574 , Check Reg . dated 04/20/82, Pg. 4 ( 40 . 00) Void Check 13566 , Check Reg. dated 04/20/82, Pg. 3 ( 354 . 00) TOTAL $481,855 . 56 -24- i . CITY OF ATASCADERO TREASURER'S REPORT April 1, 1982 to April 30 , 1982 I , RALPH H. DOWELL, JR. , do hereby certify and declare that the demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. Dated: May 5, 1982 i RALPH 'H. DOWELL, JR-.— Finance .Finance Director APPROVED: 46 wl � MfiRPAY WARDEN Cit Ma ager -25- T i M E M O R A N D U M TO: CITY MANAGER May 4, 1982 FROM: PLANNING DIRECTOR SUBJECT: ACCEPTANCE OF PARCEL MAP AT 810831: 1 (82-70) LOCATION: 8355 San Rafael Road APPLICANT: Dutch Nichols (Hilliard) On November 23, 1981 the City Council approved tentative Parcel Map AT 810831: 1 creating two parcels of 2. 5 and 2. 7 acres, subject to cer- tain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is A-1-1 1/2 and the General Plan designation is Suburban Single Family Residential . Staff review has determined that all con- ditions of approval have been met. On May 3 , 1982 the Planning Com- mission reviewed this matter and recommended acceptance of the Final Map. LAWRENCE STEVENS U RAY WARDEN Planning Director C ' ty M nager /Ps -- Jvi skr Zi.f3•j;o.J A A h • �h � U -� -J > A .tai• r.sa .�c r`s eves r `i 4 t /001�.. fJ r sil- Ak- p ti sem. o -�•-�. .fLL�/T/c,✓ r. A.'fE •) Fsrs �..Y.-c \ I 1 r�vAr .w t-►re.-sr.s..,e.-�,.r,e..:, -,.-�-..-.,.. ��A �—�. t=��d +•,, _ Sl:tt6N ivJai .r r*1r + .mac' rA.&y.a fCG�df6d`o UviL F..Q:J,.c<o ftif f_i a.a� _�ycG `�CI►gTd SL eW« ts.•Sn^.s to c r;-s�t •"^•.� •. � � / �t<6lLatY CW's,A[4" 7.•'( <e`r5 ria •:S �'� r � A !l�[N:Ji•I�'O ^✓ f ti f_ Si...�I �'.t/'e`a._ Y� , I. ! / . t--'j .�"_jtt"" • M E M O R A N D U M TO: CITY MANAGER May 4 , 1982 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 79-031 LOCATION: 7405 Balboa Road APPLICANT: David M. Renton (Twin Cities Engineering) On May 12, 1980 the City Council approved tentative parcel map AT 79-031 creating two parcels of 4. 5 and 5.6 acres each, subject to certain conditions and in concurrence with the recommendation of the Planning Commission. On March 10 , 1981 a one year time extension was • granted. The zoning is A-1-B-V-3-D and the General Plan designation is Suburban Single Family Residential. Staff review has determined that all con- ditions of approval have been met. On May 3 , 1982 the Planning Com- mission reviewed this matter and recommended acceptance of the Final Map. ?ana-' LAWRENCE STEVENS 4mc RAY L. WARDEN Planning Director y rfanager /Ps 1 O P � L • N 780 30' 00�W 1 ooX�r '� Q•TS1.23 L• 101.1• e•%4-CA' O 1D_ 'd N 64° O5 OZ'W 71 04 U' 143. 6 k • •1ST Cdo d 0. N c,4'o s 2' w '11.04 50.00, s z ..� � owEe op ', 14° 24' 58' 4'40'42 5 / - a- ---- R=137.66%�� -' � A'7 39'15' R =589,79' R:737,23 L X148.40' L= 97. i 5,' L=98.49 S 25' 54' 58'W 60.00' //// s OfPEK of � V0 1 P6vicnTfc+u r ...l tdGl•2t'21•� �' � 291'0 S 71. 52' 35•W 173.47' C EASEMENT / GROSS >SORE taGE 4.77 BASIS O F BEARING PARCEL A NET ACREAGE 4;45. BEING THE CENTER S j1�03 07��W 82.01 1 Cp BALBOA RD. AS N 7� N 0 00 � t*l S 4 46' 29W 115.09 0) aD N 56°33' 316, W 509.11 170.10" 117 1 =10G LEGEND 0 1 O INDICATES SET 1/2 REE �i t 1� °h f CAP STAMPED R.C.E. a� 0 PARCEL B ACREAGE 5,62 `''• • INDICATES FD MONUN p ` O ;3 R_. .AS::NOTED, 00 M O 4jL00d CO \ N CV ° c � v Ln , N56°41'27'W 390,521 N 56033 36'W 509.50 1 56045W, 509,65 225.80 225.95 r283,70' �� " FO 2x2 POST RCE 1• l (283 .70') 321.20 (321 .42 OCCUPYING POSITIOr ESTABLISH BY HOLDING LINE ACCEPTED 6x8 POST 4x4 POST PER 15 P AND RECORD D I STANCE OCCUPIES POSITION OF 4X4 FD 4 x4 NE-- POST LEANING DOWN HILL COR LOT 27 BILK 25 NW CORNER LOT 27 BLK 25 SET RE BAR 3 CAP ADJACENT US 101 NO SCALE 02 ' F O 110 8q Y C 60, Rp O p YL /,.O • M E M O R A N D U M TO: CITY MANAGER May 4, 1982 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 820309 : 2 LOCATION: 7565 Sombrilla Avenue (Lot 3, Block E) APPLICANT: Z .M. and Helen Walley (Twin Cities Engineering) REQUEST: To allow division of a 1. 59 acre parcel into two parcels of 0 .795 acres. On May 3, 1982 the Planning Commission conducted a public hearing on • this matter unanimously recommending adoption of a Conditional Nega- tive Declaration and approval of the land division subject to Condi- tions 1-10 in the attached Staff Report. There was no discussion among the Planning Commission. Jack Stinchfield appeared for the applicant and indicated concurrence with the Staff recommendation. No one else appeared on the matter . LAWRENCE STEVENS MUMAY . WARDEN Planning Director Ciii Manager /ps • CITY OF ATASCADERO 1979 Planning Department May 3, 1982 CAD o STAFF REPORT i SUBJECT: TENTATIVE PARCEL MAP AT 820309 : 2 LOCATION: 7565 Sombrilla Avenue (Lot 3, Block E) APPLICANT: Z .M. and Helen Walley (Twin Cities Engineering) REQUEST: To allow division of a 1. 59 acre parcel into two parcels of 0 . 795 acres each. BACKGROUND 1. Existing Zoning: R-A 2. General Plan: High Density Single Family Residential 3. Environmental Determination: An initial study environmental de- scription form has been completed. The Planning Director has prepared a draft Conditional Negative Declaration indicating the • project will not have a significant adverse effect upon the envir- onment if certain mitigation measures are incorporated into the project. 4. Site Conditions: The 1. 59 acre parcel is located on the side of a hill. The lowest 18% of the parcel has grades of 10% or less, the middle 41% has grades from zero to 30% and the upper 41% has grades of 30% or more. A single family house sits on proposed Parcel A approximately 105 feet from the centerline of Sombrilla Avenue. A level pad has been graded at the same elevation as the existing house on proposed Parcel B. The site is covered with natural grasses and there is no evidence of any extreme erosion on the site. Surrounding property is largely developed with similar size residential uses. The parcel is inside the urban services line and is served by the City sewer system. 5. Project Description: The applicant proposes to subdivide 1. 59 acres of land into two parcels. Each parcel shall contain 0.795 acre (34 ,600 square feet) of land and shall have frontage on Som- brilla Avenue. Proposed Parcel A currently contains a single fam- ily house and no other improvements are requested at this time. A single family house is proposed for future Parcel B. Tentative Tract Map ! 820309: 2 (Walley) STAFF COMMENTS . On Thursday, April 8, 1982 the Subdivision Review Board met with Mrs. Walley, Richard Summers (Stinchfield & Summers) , and the applicant' s engineer , John Kennaly (Twin Cities Engineering) , to discuss the pro- ject. Also attending the meeting were: Larry Stevens, Planning Dir- ector; Fred Buss , Associate Planner ; Joel Moses, Associate Planner ; Jill Kollmann, Planning Intern; Patsy West, Engineering Aide; and Mike Sherer , Planning Commissioner . The following item of concern was dis- cussed at that meeting: 1) Before a building permit can be issued, the existing nonconforming grading shall be brought into conformance. FINDINGS 1. The application as presented will not have a significant adverse impact upon the environment and the preparation of an Environmen- tal Impact Report is not necessary. 2. The application as submitted conforms to the applicable zoning and subdivision regulations and is consistent with the 1980 Atascadero General Plan. • RECOMMENDATION Based upon the above Findings, the Planning Department recommends: A) Issuance of a Conditional Negative Declaration as follows: 1. Adequate provision shall be made for drainage and erosion control and protection in conjunction with site development. 2. Provision shall be made to ensure soil stability during and after construction; and B) Approval of Tentative Parcel Map AT 820309 : 2 subject to the fol- lowing conditions: 1. Provision shall be made for connection of Parcel B to the City sewer system at time of development and a Note so stat- ing shall appear on the Final Map. 2. Water shall be obtained from the Atascadero Mutual Water Com- pany and water lines shall exist at each parcel frontage prior to filing of the Final Map. A letter from the Water Company indicating they are willing and able to serve the property shall be submitted to the Planning Department prior . to recordation of the Final Map. 2 Tentative Tract Ma*T 820309: 2 (Walley) 3. All other available utilities not already in place shall be extended underground to each parcel frontage at the time of • building permit. 4. A driveway providing access to the building site may be sub- ject to Planning Department review and approval at the time of building permit application for each parcel. Plan and profile drawings may be required. If average slope exceeds 12%, paved improvement would be required, otherwise an all- weather surface would be required similarly. In no event will driveways be allowed which exceed 20% in slope. 5 . The driveway access shall be improved to at least the follow- ing minimum standards: - an improved width of 12 feet - unobstructed vertical clearance of fourteen (14) feet Notes to these effects shall appear on the Final Map. 6. Effort shall be made to minimize grading that would be dis- ruptive to the natural topography and removal of existing mature trees. The followng shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appro- priate permit and compliance with applicable City ordinances. • 7. A Note shall be placed on the Final Map indicating that the existing nonconforming grading located on Parcel B shall be corrected in conjunction with development of that parcel. 8. Roof materials for all structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 9. A Final Map in compliance with all conditions set forth here- in shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordi- nance prior to recordation. a. Monuments shall be set at all new property corners cre- ated and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monu- ments have been set prior to recordation of the Final Parcel Map. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the Final Parcel Map. 10. Approval of this Tentative Parcel Map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expi- • ration date. 3 Tentative Tract Map 0 820309:2 (Walley) ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion setting findings for denial. i REPORT PREPARED BY- RED BUSS Associate Planner REPORT APPROVED BY: LAWRENCE STEVENS Planning Director /ps 4 1 � A ; .T 2'A A 2 R -A F A 4 C-1-C-D ,y o a _ L.. 9 R_2 - �✓ y - G,Q �-Z - r N N �, -z -g c-2- C-Z _p 4l _�3-g-Z q� t Q V -_3 .NT. ".1.,` "5T'" A} 3 ... W , ry AT 82030q: o C3 LO C K E LoT3 MRRkLL� Av�NvE. Q 75_( P, a Wr Zg 'tri z•_�_� �� !� I ' M�� •. WON • rf§411 IM �� U p Z3 Jo v dyvdr ,; z F� ,� G J3J h � � ard�Y \ •rj `5. i d2 toy $ I I 9 M.6s Js s e I I 9 !o? qv.,p R cn 3 �7 M E M O R A N D U M TO: CITY MANAGER May 4, 1982 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT MAP AT 820224 :1 LOCATION: 4401 El Camino Real (Ptn. Lot 63 , Block NC) APPLICANT: Steven E. Jacobsen (Hohenstein) REQUEST: To allow conversion of existing commercial building into ten commercial condominiums On May 3, 1982 the Planning Commission conducted a public hearing on this matter unanimously recommending approval of the commercial con- dominium conversion subject to Conditions 1-4 in the attached Staff Report. There was no discussion among the Plananing Commission. Hank Hohenstein, applicant' s representative, appeared and indicated concurrence with the Staff recommendation. No one else appeared on the matter . &40W Z�', LAWRENCE STEVENS MUR L. RDEN Planning Director City Mana er /Ps 918�Cr_ ^- � 1979 1 CITY OF ATASCADERO \ Planning Department May 3, 1982 STAFF REPORT SUBJECT: TENTATIVE TRACT MAP AT 820224: 1 LOCATION: 4401 El Camino Real (Ptn. Lot 63 , Block NC) APPLICANT: Steven E. Jacobsen (Hohenstein) REQUEST: To allow conversion of an existing commercial building into ten commercial condominiums. BACKGROUND 1. Existing Zoning: C-1 2. General Plan: Retail Commercial 3. Environmental Determination: This application is categorically i exempt from environmental review (C.E.Q.A. - Class 1) . 4. Site Conditions: The 0 .91 acre site is an existing commercial center which has been fully developed with a single-story commer- cial building. The site was constructed under County jurisdiction in 1978 and has been in operation since that time. The building and parking are situated on level ground with the site having been graded out of a slope. The center contains approximately 9300 square feet of commercial floor area and thirty parking spaces (equivalent to one space per 310 square feet of floor area) . 5. Project Description: The applicant requests permission to create ten air-space commercial lots (condominiums) for the purpose of individual sales and maintaining the existing lot as one commonly owned lot. The applicant intends to form an owners' association and prepare Covenants , Conditions and Restrictions (CC&Rs) for the purpose of governing the use and maintenance of the common area around the site. STAFF COMMENTS On Thursday, April 8, 1982 the Subdivision Review Board met with the applicant, Steven Jacobsen, and Henry Hohenstein, his representative, to discuss the project. Also attending were: Larry Stevens, Planning Director; Fred Buss, Associate Planner; Joel Moses, Associate Planner ; Jill Kollmann, Planning Intern; Patsy West, Engineering Aide; and Mike Sherer , Planning Commissioner . The following item was discussed: TENTATIVE TRACT MAP AT 820224: 1 (Jacobsen/Hohenstein) 1) Staff verified with the applicant that the current tenants of the subject property had been notified in writing of the intent to apply for permission to convert the center to commercial condominiums. FINDINGS 1. The project is categorically exempt from the requirements of the California Environmental Quality Act. 2. The project conforms to all of the applicable zoning and subdivi- sion regulations and is consistent with the 1980 Atascadero Gen- eral Plan. RECOMMENDATION Based upon the above findings, the Planning Department recommends ap- proval of Tentative Tract Map AT 820224: 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 Owners' Association. 2. That all conditions of approval herein specified are to be com- plied 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 Lot Division Ordinance prior to recordation. 2 TENTATIVE TRACT MAP AT 820224 : 1 (Jacobsen/Hohenstein) 40 ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. TO APPROVE: Motion adopting findings and set conditions. TO DENY: Motion setting findings for denial. REPORT PREPARED BY: /ARED BUSS ssociate Planner ;r REPORT APPROVED BY• LAWRENCE STEVENS Planning Director /Ps 3 Awl MA KOM ST `� � �• '�► �� \ham � �� !: �,��y�•��S�• ! ��/�� III NOM 00 Mm mow r"A' 'M'--14 op No � � r►. CIn ma ice vs ! ► ', .... ,, - `ir�i'(ti/ . . ,- d►., Mill ZM 10.0 kwa oF ♦ _ ' • . �� /��1 � ♦ yam_ AL RV�r�, � 4 D D 2 g 8 \ z A-1 `7 �I 3.0 _ a- ,J 3-D �0 c� �J:rL�� ? fl- -t3-249 n ^I s K rz-i g 2-p 1?-I-Q-Zf� ¢ L3-zµ -r C—I A-i US 1 01 c- Q t2_ AT 82-0z2-q , 9gOt EL CAMINO C.ZEAL, = \ < FTN. LOT CoS BLOCK No n 1 � J A �p�p (1�S�I q ¢r li U EL UN'IHO p�4 I III•�i 'li�lii�! � Vii`<� ;��, r� t1� I I E 3-�. �'-'s ts.r.- +T>�.�'.i'•ky'l � � ( ._ ` t i �7t�S N y$C // *11 �_4 _ _ ! � _ 777 I� I�� ` �T � .�. I^��i/� .: }((tT • _ .�� Iii�� . s . �•� �� . � (� r ) 'j �- . la I1 _.fi.� 3LIA`xfo'•.:.cif h,.'�. � x �` ` �,.1�_ r �- '��' - ��.� I - .Gr.a f•'=r � _ � � �y �_ _ �/1�f -ter/ � r- _ v �+--F.,-+•�.;�:vx t, n�;..� `y, '�,�� .��_ v—;�� '��il�—X_ `�y,J;'/ - .+n:K;a�..,¢_c•.•xa • _M E_M_O_R A_N_D_U_M_ TO: City Council FROM: City Manager SUBJECT: Conditional Use Permit, Church of Jesus Christ of Latter Day Saints In considering the appeal by the LDS Church, the Council may wish to consider the propriety of requiring construction of permanent in- stallations when approving a request for a temporary structure or use. This question arises in the present instance because of a condition requiring the installation of a fire hydrant designed to meet the needs of a permanent structure and which will no longer bene- fit the applicant after the temporary use is abandoned. Furthermore, the fire hydrant requirement arises not from the additional structure, which in and by itself does not create an inadequacy in fire fighting capability. Rather the inadequacy exists because of the present con- ditions in the area of the existing hydrant. Therefore, the temporary use request merely becomes the vehicle through which an existing defi- ciency affecting an existing structure is remedied, but in doing so imposes a burden on a temporary user who, in effect, is subsidizing a • permanent solution to the benefit of permanent uses. The repair of a public street, accepted and a part of the City street system, required through the temporary use process is a part of the same consideration and imposes a special burden on a temporary user to the benefit of a wider public use. In considering the handicapped restroom requirement, the Commis- sion felt that the temporary nature of the use did not require a per- manent restroom installation. On the other hand, the requirement for the fire hydrant and road repair benefits long term users of the site even after the temporary user has departed the scene. The problems being solved by the hydrant and road condition are problems created before the installation and not because of it. The principle of using the Conditional Use Permit process to solve a long term problem when applied to a temporary use seems to carry with it the taint of unfairness. There is little doubt that upgranding fire hydrant, parking facilities, or handicapped facilities for permanent change in the use or of structures may be appropriate when applied to a new development, new building or other long term use. In considering any conditional use, consideration must be given to assure that the conditions imposed are reasonable in consideration of the uses sought. I am somewhat concerned as to whether conditions of this type for temporary structures meet the test of fairness or rea- sonableness. The foregoing comments are offered with the intent of providing a additional viewpoint to this problem, and to suggest that the Counci� should carefully consider the use of the Conditional Use Permit pro- cess for solving long term problems when applied to temporary situa- tions. RRA L. WARDEN MLW: ad 5-6-82 M E M O R A N D U M TO: CITY MANAGER May 4, 1982 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT U820331: 1 LOCATION: 6955 Portola Road (Lot 1, Block 4) APPLICANT: Church of Jesus Christ of Latter Day Saints REQUEST: To allow a commercial trailer to be used as temporary classroom space for a period of two years while a perma- nent building is under construction at another site. On April 19, 1982 the Planning Commission conducted a public hearing on the subject matter unanimously recommending approval of the tempo- rary classroom trailer subject to Conditions 1-7 in the attached Staff Report, except that Condition 4 (handicapped restrooms) was delet�_d. There was considerable discussion among the Planning Commission con- cerning the upgrading of the existing fire hydrant, the need for hand- icapped restrooms, the upgrading of Portola Road, and the general ap- pearance and condition of the property. It was the consensus of the Commission that the hydrant should be upgraded because its current capability was deficient for the existing Church facility and the classroom constituted increased fire risk; that the road shoulder should be repaired since it was in poor condition due to parking in that area by the Church; and that the handicapped restrooms should not be required since the expansion was temporary. Dr. R. Dean Robinson, applicant' s representative, spoke in support of the application explaining the background on the project and the need for a new facility. He objected to Conditions 2 (upgrading hydrant) , 3 (repairing Portola shoulder) , and 4 (handicapped restrooms) pointing out that the classroom trailer was only temporary and that the finan- cial burden was unfair due to the short duration of the use. He indi- cated their preference to minimize any capital expenditures on this site feeling they would be better invested on the new project. Terry Hargrave, San Clemente resident, spoke in opposition to the trailer indicating its appearance would be detrimental to the area. He also objected to the poorly maintained condition of the property • (building, landscaping, parking lot) and to drainage problems from the parking lot. Conditional Use Permit U820331:1 (LDS Church) No one else appeared on the matter . On April 30 , 1982 the attached letter appealing Conditions 2 and 3 was received. law LAWRENCE STEVENS MURRAY L. WARDEN Planning Director City Manager /ps 2 THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS SAN LUIS OBISPO STAKE PRESIDENCY SAN Luis OBISPO, CALIFORNIA April 28 , 1982 Mr. Lawrence Stevens Planning Director City Of Atascadero Dear Larry: On behalf of the Church Of Jesus Christ Of Latter- Day Saints, I would like to appeal the decision of the Planning Commission concerning our application for a Conditional Use Permit No. U820331:1. I feel that the two conditions imposed by the Commission requesting the upgrading of the fire hydrant and the repairing of the six foot shoulder of Portola Road in front of the church places an unfair financial burden upon the members of the church considering that the trailer will be on the property for such a short period of time. I hereby request that the appeal be heard before the City Council. Respectfully yours, R. Dean Robinson D.D.S. nii�rr� �r r r.' ' 19799 Mmnar 1914'iG r A" r! CITY OF ATASCADERO \AS�ERoj Planning Department April 19, 1982 i STAFF REPORT SUBJECT: CONDITIONAL USE PERMIT U820331:1 LOCATION: 6955 Portola Road (Lot,l, Block 4) APPLICANT: Church of Jesus Christ of Latter Day Saints REQUEST: To allow a commercial trailer to be used as temporary classroom space for a period of two years while a perma- nent building is under construction at another site. BACKGROUND 1. Existing Zoning: R-A-B-D-1-D (506) 2. General Plan: Low Density Single Family Residential • The Planning 3. Environmental Determination: g Direc for has determined that the application as presented qualifies for a Class 3 Cate- gorical Exemption according to the provisions of the California Environmental Quality Act (CEQA) . 4. Site Conditions: The property is a triangularly shaped parcel lo- cated at the northwest corner of Portola Road and San Clemente Avenue. It is currently developed with a church building contain- ing a chapel and classrooms. The site generally slopes down from Portola Road to the northern tip of the lot at San Clemente Ave- nue. Maximum slope appears to be ten percent. A paved parking lot is situated along the entire length of the northern property line from Portola Road to San Clemente Avenue. Access can be taken from each street. The church is situated on a level pad along Portola Road. Natural grasses and trees cover the slope area bounded by the church, parking lot and San Clemente Avenue. The rest of the site is landscaped with lawn, trees, and shrubs. 5. Project Description: The applicant proposes locating a twelve foot by sixty foot commercial trailer on the site adjacent to and east of the existing church structure. The trailer as proposed will be divided into five classrooms used for religious instruc- tion. The applicant indicates that the proposed use is temporary for a period of approximately two years while a new church and classroom center is constructed on another site in the City. The applicant states the need for the use is to alleviate overcrowd- CONDITIONAL USE PERMIT U820331: 1 ing on the site. No additional parking is proposed with the ap- plication. The proposed trailer is self-contained and will have gas and electric utility connections. Restroom facilities shall be provided in the main building. 6. Previous Actions: The County approved Conditional Use Permit U601115 in 1960 . At this time, however , the County Planning De- partment is unable to provide the City with a copy of the file. Copies of building permits issued at the time indicate that the use permit was probably issued to allow the church in a residen- tial single family zone. STAFF COMMENTS Staff has no concerns regarding the actual expansion of the facility except with regard to the commercial trailer which is seen by Staff as a temporary structure. A time limitation should be placed on the trailer to ensure its removal when the applicant leaves the subject property so that another church will not acquire the property and con- tinue to use the trailer indefinitely. • FINDINGS 1. The application for this project conforms to the applicable zoning regulations and is consistent with the 1980 Atascadero General Plan. 2. The proposed project should not have an adverse effect on abutting property or the permitted use thereof for the temporary period in which it shall exist. 3. The conditions established are necessary to assure that the pro- posed project will be reasonably compatible with existing and future uses in the area. 4. The application as presented is exempt from the requirements of the California Environmental Quality Act. RECOMMENDATION Based upon the above Findings, the Planning Department recommends approval of Conditional Use Permit U820331: 1 subject to the following conditions: 1. Construction of the project shall be established in substantial compliance with the plans submitted. 2 CONDITIONAL USE PERMIT U820331: 1 a. The trailer shall be approved by the State of California for , commercial use and information provided indicating said approvals. b. All utility connections to the trailer shall be placed underground. C. Continuous skirting shall be provided around the entire base of the trailer. . d. A weed-free zone with a radius of thirty feet shall be main- tained around the trailer. e. The applicant shall obtain all required buildng permits from the Planning Department before placement of the trailer . f. Access in conformance with the Uniform Building Code shall be provided to the trailer . 2. The existing fire hydrant located at Portola Road and San Marcos Road shall be upgraded to a standard hydrant to the satisfaction of the Fire Department. 3. Portola Road along the church frontage shall be repaired and a six foot shoulder of asphalt or a compacted base shall be provided at the same grade level as the roadway. Said improvements shall be approved and inspected by the Public Works Department. 4. Handicapped restroom facilities shall be provided in the main building as required by the Uniform Building Code. 5. The trailer shall be approved for a maximum period of two years or when the applicant vacates the site, whichever shall occur first, and the trailer and all related appurtenances shall be completely removed from the site at that time. The Planning Director shall have the ability to grant a single one year time extension pur- suant to a written request filed a minimum of ten days prior to the expiration date. 6 . This Conditional Use Permit approval is granted for a maximum period of one year from the date of final approval unless an ex- tension is granted by the Planning Department pursuant to a written request filed a minimum of ten days prior to the expira- tion date. This Conditional Use Permit shall become null and void upon removal of the trailer . 7. All conditions of approval established herein shall be complied with prior to occupancy. • 3 CONDITIONAL USE PERMIT U820331: 1 ACTION The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion setting findings for denial. 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In addition, the zoning ordinance can also affect trant- creation of parcels us development can lot size s nalso sbe estab- ing approvals, various dive P approval. These regulations lished by attaching conditions to the f time serving to complicate a situation can change over a period of in with the de- where a lot may have been created without ,c mP velopment standards, the approval process • 2. Existing Regulations: Historical knowledge of changes in the applicable laws becomes an situations where the parcel does not important factor in reviewincreated. The primary dates to be con appear to have been legally cerned within Atascadero include: 30 - County adopted the first subdivision ordinance to May 24 ► 19require a map for creation of five or more lots of one acre or less. o countydr creationthe bofvfven ordinance A-1 November 17 , 1955 - more lots any require a map of which contains five acres or less. October 12, 1960 - County adopted a lot division ordinance to re- for creation of four or fewer par- quire a Plat Map cels less than three acres. 17 1966 - County amended the lot division ordinance to February ► for creation of four or fewer parcels require a map less than 20 acres and faoTeCdeation ofsubdivision more dinance requiring map lots up to 40 acres. `i r$ Parcels created in folation of subdivision re'pulations March 4, 1972 - The State amended the Map Act to require maps for . creation of four or less parcels. August 10 , 1972 - The State amended the Map Act to provide for no- tices of violation and certificates of compliance and to allow a buyer to void sale of an illegal parcel within one year of discovery. January 1, 1982 - The State amended the Map Act to validate ille- gal parcels created before March 4, 1972 with a certificate of compliance. Consideration of the effect of zoning requirements on this process is more lot specific and, therefore, too detailed for a general- ized historical listing. 3. Current Practice: In conjunction with a building permit (not including additions to existing structures) , parcel (or tract) map, or a zoning approval (use permit, departmental review) , the Planning Department veri- fies that the particular building site has been legally estab- lished either through City records (including those of the County) or through deed or title information requested from the applicant. Lots are considered to be legal building sites if records demon- • strate compliance with the dates in Section 2 above. Undivided original Colony and Eaglet lots are legal building sites as are lots with plat, parcel or tract maps. If a plat, parcel or tract map is not available, then recorded grant deeds are used to review the property history and make a legal building site determination. If the grant deeds verify compliance with the Section 2 timeline, then a permit or approval would be granted and a certificate of compliance can be recorded (the certificate is not required unless desired by the applicant) . The 1982 Map Act change will alter this procedure for illegal lots created prior to March 4, 1972 by requiring a certificate and allowing conditions to be placed on the certificate. Lots not in compliance with any of the foregoing are not considered legal building sites and no permits or other approvals would be granted, except those requiring corrective mea- sures for the illegal parcel. DISCUSSION Some Staff concern has been expressed on this matter because some par- cels are still found to be illegal - even with the 1982 Map Act amend- ment. Practice indicates that these illegal parcels have usually changed owners more than once and cannot be legalized due to zoning and General Plan lot size standards. This usually leaves a compli- cated, costly and time consuming civil action as the only remedy available to the current owner . 2 Parcels created in votlation of subdivision regulations In modifying the Map Act, the State recognized this circumstance, but the March 4, 1972 date nevertheless leaves some illegal lots. This date was apparently selected because it is the effective date of a previous Map Act amendment requiring parcel maps for land divisions of four or less lots (this requirement is distinct from prior enabling legislation) . This State action is less restrictive than the prior local (County) ordinance. Based upon the concern noted previously, there has been some Staff discussion suggesting that the City use the date of incorporation as the date allowing for validations instead of the March 4 , 1972 date. This suggetion is based on the theory that the State action was designed to alleviate an onerous burden on inno- cent purchasers of property. By adopting the same criteria for Certi- ficate of Compliance action, ie. , innocent party, but with the later date, the City may be able to help avoid lengthy legal proceedings provided that all other City concerns are satisfied, i.e. , compliance with zoning or General Plan requirements. In considering this matter , the following factors may be appropriate for consideration: - How many lots would be affected by the change? Will the number of resulting lots adversely affect the General Plan and its densities and population capacity? 0 - What development standards, if any, should be applied to condi- tional certificates of compliance? - Should any other criteria (i .e. number of property transfers, lot size or zoning standards, lack of knowledge) be established? - What is the most appropriate cut-off date for these illegal lots? - Is changing the law an appropriate way to correct these illegal parcels and will it serve as precedent and encourage more use of the same approach to correct other illegalities? It is difficult to know how many lots are affected by these changes and may require considerable time and expense to find out, especially if grant deeds are needed to conduct the research. However , the num- ber of lots involved is not necessarily the controlling factor as long as compliance with General Plan and zoning conditions are required. Based upon two years of experience, approximately twenty lots have required additional documentation (i .e. grant deed review) as part of the building permit process and of these, only one (Ritchie on Santa Lucia) was found to be an illegal parcel. It has been legalized by a certificate of compliance since it was created prior to March 4 , 1972. In addition, two others have become known through parcel map/lot line adjustment applications (Hand on Ardilla, Bishop on Atascadero) , but • both of these can be legalized by certificates of compliance since they were created prior to the March 4, 1972 date. Certainly, other (probably 6-10) subdivision applications have had to undergo some grant deed review before being verified. Staff is currently aware, 3 Parcels created in oolation of subdivision relations through a zoning complaint, of only one illegal lot (Latham on Los Gatos) and this lot (created in 1977 after a 1965 merger) is not eli0 - gible for a certificate of compliance under existing law. There are, no doubt, others in similar circumstances. Under current law, conditions may be placed on certificates of compli- ance similar to those which would have been imposed on the tentative map had one been submitted, except that compliance with the conditions is to be at time of development of the parcel rather than when the certificate is recorded. No conditional certificates have been ap- proved, but conditions could include road improvements , fire hydrants, private driveway improvement standards, etc. The applicability and extent of such standards for a certificate is important to consider since avoidance of these requirements may have contributed to the il- legal act. The Map Act limits such requirements to those in effect at the time the applicant acquired interest in the property. In considering other criteria for the post March 4 , 1972 illegal lots, zoning and general plan standards could be a factor . In reviewing the Hand parcel map, both the Planning Commission and City Council re- quired that the illegal lots, albeit now in separate ownership, be adjusted in size to conform to the General Plan and zoning. The 1982 Map Act amendment does not consider the effect of zoning requirements on lot size for illegal parcels and it is conceivable that illegal lots not in compliance with zoning in effect at the time of their creation are not eligible for certificates. If the City further changes the date, the ordinance doing so should indicate what consid- eration should be given to zoning in reviewing the certificate of com- • pliance. The July 2, 1979 incorporation date has been suggested as a cut-off date since it represents the change from City to County control. It should, however , be remembered that the same subdivision and lot divi- sion ordinances were in effect before and after that date. It should also be pointed out that City Staff was not administering those ordin- ances until July 1, 1980 . There is no question that frequently the knowledge of the parcel' s illegal status is not known to a buyer , and sometimes even to a subse- quent seller , once a property changes hands several times. As a re- sult, the remedy to this situation can be imposed on an innocent par- ty. In some cases there is no remedy except the litigation option and it is certainly much easier from some perspectives to change the local law rather than force resorting to a civil suit if the general public interest can still be protected through the application of the General Plan or zoning requirements. SUMMARY OF ALTERNATIVES 1. Make no change in the subdivision ordinance for lots illegally created after March 4, 1972. 2. Amend the subdivision ordinance to allow certificates of compli- 4 Parcels created in volation of subdivision regulations ance or conditional certificates of compliance for illegal lots 10 created after March 4 , 1972. a. Determine appropriate date. b. Determine effect of zoning on lot sizes. C. Determine development standards to be required. RECOMMENDATION In consideration of the foregoing, I recommend Council direct amend- ment of the subdivision ordinance to remedy this problem and that the amended ordinance have provisions included which will establish stand- ards for application designed to assure that the City' s interests and needs are protected while assuring that truly innocent parties have recourse to a method for resolution rather than being forced into a court action. AURRA;t. WARDEN • MLW:ad 5-6-82 • 5 66412.6. For purposes of this division or of a rdinance Minor land division enacted pursuant any parcel cre rior to March 4, validation 1972, shall be conclusively pre ave been lawfully created it if the parcel resulted fro rvision o which fewer than five parcels wer ated and if at the time of tion of the pare re was no local ordinance in effect which regu wer an iv / A�/ .. (b) For purposes of this division or of a local ordinance `y enacted pursuant thereto, any parcel created prior to March 4, MAP 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable con- sideration without actual or constructive knowledge of a violation of this division or the local ordinance. Owners of parcels or units of land affected by the provisions of this subdivision shall be �/0 required to obtain a certificate of compliance or a conditional �,nG 2 certificate of compliance pursuant to Section 66499.35 prior to ��a�"�- J/¢l72 obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of this division and of local ordinances enacted pursuant thereto, as required pursuant to subdivision (a) of Section 66499.35, the presumption declared in this subdivision shall not be operative. (Added by Stats. 1981, Ch. 1184.) 412.7. Any subdivision shall be deemed established for purpos Effect of recordation of bdivision (d) of Section 66499.30 and any other provisio of this di 'sion on the date of recordation of the final map or arcel map, ex t that in the case of (1) maps filed for appr al prior to March 4, 1972, and subsequently approved by the cal agency or (2) subdivisi s exempted from map requirements a certificate of exception (or e equivalent) applied for prior such date and subsequently issued the local agency pursuan o local ordinance, • the subdivision shall deemed established n the date the map or application for a certi ' ate of exceptio (or the equivalent) was filed with the local agency. (Added by Stats. 1980, Ch. 79.) 66413. (a) When any area in division as to which a final Effect of annexation map has been finally approved y a bo d of supervisors and filed for record pursuant to this d' ision is the fter annexed to a city, the final map and any agr ments relating t such subdivision shall continue to govern such ubdivision. (b) When any ea in a subdivision or p osed subdivision as to which a tent ive map has been filed but final map has not been finally proved, or as to which a parcel is required by this divisio or local ordinance but the final act equired to make such p cel map effective has not been taken, is nexed to a city, all rocedures and regulations required by this di ' ion or by local dinance of the annexing city shall be deemed to com nce as of e effective date of the annexation and the map shall com wi the requirements of any applicable ordinance of the city to ich such area is annexed. (Added by Stats. 1974, Ch. 1536.) 111 fo sale, lease or financing thereon, except for model homes, allow cupancy thereof, for which a parcel map is requir by this divis or local ordinance, until such map thereof ' full compliance w the / P provisions of this division and any al ordi- nance has been d for record by the recorder of county in which any portion o e subdivision is located. Prohibition against (c) Conveyances any part of a divisio of real property conveyances for which a final or parcel is required by is division or local ordinance shall not be made b arcel or ock number, initial or .` other designation, unless and un ' su map has been filed for record by the fecorder of the coun n which any portion of the subdivision is located. Inapplicability (d) This section does no pply to a arcel or parcels of a subdivision offered for sale r lease, contract for sale or lease, or sold or leased in co Bance with or exemp rom any law (including a local ordin ce), regulating the design an ' rovement of subdivisions in of ct at the time the subdivision was es lished. (Added by St s. 1974, Ch. 1536.) Misdemeanor 66499.31. ny person who violates any provision of this division shall b uilty of a misdemeanor. ded by Stats. 1974, Ch. 1536.) Article 2. Remedies - Voidable conveyance 66499.32. (a) Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this division, or of the provisions of local ordinances enacted pursuant to this division, is , voidable at the sole option of the grantee, buyer or person contract- ing his heirs `g to purchase,� , personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of this division or of local ordinances enacted pursuant to the provisions of this division, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or his assignee, heir or devisee. Suit for damages (b) Any grantee, or his successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this division or of local ordinances enacted pursuant thereto, may, within one year of the date of discovery of such violation, bring an action in the superior court a to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of this division or of local ordinances enacted pursuant thereto and against any successors in interest who have actual or constructive knowledge of such division of property. Inapplicability— The provisions of this section shall not apply to the conveyance certificate of of any parcel of real property identified in a certificate of com- compliance pliance filed pursuant to Section 66499.35 or identified in a recorded final map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any 176 • • other provision of law. (Added by Stats. 1975, Ch. 24.) 66499.33. This division does not bar any legal, equitable or summary Alternative remedies remedy to which any aggrieved local agency or other public agency, or any person, firm or corporation may otherwise be entitled, and any such local agency or other public agency, or such person, firm or corporation may file a suit in the superior court of the county in which any real property attempted to be subdivided or sold, leased or financed in violation of this division is located, to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of this division. (Added by Stats. 1974, Ch. 1536.) 66499.34. No local agency shall issue any permit or grant any Permit denial if approval necessary to develop any real property which has been contrary to public divided, or which has resulted from a division, in violation of the health/safety provisions of this division or of the provisions of local ordinances enacted pursuant to this division if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property. If a city or a county issues a permit or grants approval for Conditions the development of any such real property, it may impose those conditions that would have been applicable to the division of the property at the time the applicant acquired his interest in such real property, and which has been established at such time by this • division or local ordinance enacted pursuant thereto, except that if a conditional certificate of compliance has been filed for record under the provisions of subdivision (b) of Section 66499.35 only such conditions stipulated in that certificate shall be applicable. (Amended by Stats. 1977, Ch. 234. Effective July 7, 1977.) 66499.35. (a) Any person owning real property or a vendee of Certificate of such person pursuant to a contract of sale of such real property compliance may request, and a local agency shall determine, whether such real property complies with the provisions of this division and of local ordinances enacted pursuant thereto. Upon making such a deter- mination the city or the county shall cause a certificate of com- + pliance to be filed for record with the recorder of the county in which the real property is located. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of this division and of local ordinances enacted pursuant thereto. The local agency may impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance. (b) If a local agency determines that such real property Conditions does not comply with the provisions of this division or of local ordinances enacted pursuant thereto, it may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest therein, and which had 177 ;I i ;I been established at such time by this division or local ordinance enacted pursuant thereto. Upon making such a determination and establishing such conditions the city or county shall cause a condi- tional certificate of compliance to be filed for record with the recorder of the county in which the real property is located. Such L` certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the local agency. Issuance of certificate (c) A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 66499.34. Effect of recorded map (d) A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. (Amended by Stats. 1977, Ch. 234. Effective July 7, 1977.) Notice of violation 6499.36. Whenever a local agency has knowled/this eal rop- e has been divided in violation of the provisios ' ision or local ordinances enacted pursuant to thiit shall cause be filed for record with the recorderounty in which th real property is located, a notice of io record a notice of iolation, describing the real property , naming the owners t reof, and describing the violationting that an opportunity ill be given to the owner t present evidence. Upon recording a tice of intention to recor notice of violation, the local agency sh mail a copy of such otice to the owner of such real property. e notice shall ecify a time, date, and place at which the own may presen evidence to the legislative body or advisory agency y such tice should not be recorded. Release of notice If, after the owner has pre nted evidence, it is determined that there has been no violation, th cal agency shall record a release of the notice of intention to c d a notice of violation with the county recorder. If, how er, a er the owner has presented evidence, the legislative ody or adv ory agency determines that the property hasin fac een illegally di 'ded, or if within 60 days of receipt of such c y the owner of SU real property fails to inform the local ency of his objection to ecording the notice of violation, th egislative body or advisory a ncy shall record the notice of iolation with the county recorder. he notice of intention t ecord a notice of violation and the notice violation, when re rded, shall be deemed to be constructive noti of the violat' to all successors in interest in such property. The county rec der shall index the names of the fee owners in the general i ex. (Amended by Stats. 1977, Ch. 234. Effective July 7, 1977.) 178 Parcels created in 4piolation of subdivision recfilations March 4, 1972 Q'�State amends�' Map Act requiri-Ftl maps for creation of four or less parFels. August 10 1972 -✓'-SItate amend9F"`MAct �vid' for notices of 9 � P P violation and certificates of compliance andXal- lowio a buyer to void sale ofdillegal parcel within one year of disco ry. January 1, 1982 = State amend Map Act to validate illegal parcels created before March 4 , 1972 with 4 certificate of compliance. Consideration of the effect of zoning requirements,.. is Ebviously� more lot specific and a generalized lhiptorical listing .i-_ -eet 3. Current Practice: f�4 [ In conjunction with a building permit (not including additions to existing structures) , parcel (or tract) map, or a zoningt (use per- mit, departmental review) , the Planning Department verifies that the particular building sitel"'' legally established either through W, records (including those of the County) or through deed or title information requested from the applicant. Lots are considered to be legal building sites if records demonstr to com- pliance with the dates in Section 2 above. (4ndivided original Colony and Eaglet lots are legal building sites as are lots with plat, parcel or tract maps. If a plat, parcel or tract map is not available, then recorded grant deeds are used to review the property history and make toia legal building site determina- tion. If the grant deeds verify compliance with the Section 2 timeline, then a permit or approval would be granted and a certi- ficate of compliance can be recorded (the certificate is not re- quired unless desired by the applicant) . The 1982 Map Act change will alter this procedure for illegal lots created prior to March 4 , 1972 by requiring a certificate and allowing conditions to be placed on the certificate. Lots not in compliance with any of the foregoing are not considered legal building sites and no permits or other approvals would be granted, except those requiring cor- rective measures for the illegal parcel. DISCUSSION e The- City-Manager-and City"Attorney- have expressed concern on this mat- ter because some parcels are still found to be illegal - even with the 1982 Map Act amendment. Practice indicates that these illegal parcels have usually changed owners more than once and cannot be legalized due to zoning and General Plan lot size standards. This usually leaves a complicated, costly and time consuming civil action as the only remedy available to the current owner . i 2 Parcels created in violation of subdivision" regulations In modifying the Map Act, t the Statey of this circumstance, but the March 4, 1972 da �i l nevertheless leave $ some illegal lots. a*i-atsiy," rhis date was selected because it is the effective date of a previous Map Act amendment requiring parcel maps for land divisions of four or less lots (this requirement is distinct from prior enabling legislation) . This State action is less ,-�-// restrictive than the prior local (County) ordinan,,� Based u o Y the 1 concern noted previously, there has been somesk�Yscussioning_*7 that the City shouldak St OU-3 using a later laaLY , 1 n ,, .w�c ,. d1., ,e,. .. .• !�►, `" I 01"t4 y In considering this matter , the following factors may be appropriate for consideration: - How many lots would be affected by the change? - Will the number of resulting lots adversely affect the General Plan and its densities and population capacity? What development standards, if any, should be applied to condi- 6L tional certificates of compliance? Should any other criteria (i .e. number of property transfers, .r_ lot size or zoning standards, lack of knowledge) be established? - What is the most appropriate cut-off date for these illegal lots? - Is changing the law an appropriate way to correct these illegal • parcels and will it serve as precedent and encourage more use of the same approach to correct other illegalities? •A. It is difficult to know how many lots are affect d by these changes A►oand may require considerable time and expense to find out, especially �w if grant deeds are needed to conduct the research. Based upon two years of experience, approximately twenty lots have required addi tional documentation (i .e. grant deed review) as part of the building p 0A' *I- permit process and of these, only one (Ritchie on Santa Lucia) was found to be an illegal parcel. It 'will`, however,: be legalized by a nay certificate of compliance since it was created prior to March 4 , 1972. In addition, two others have become known through parcel map/lot line ° adjustment applications (Hand on Ardilla, Bishop on Atascadero) , but X4 both of these can be legalized by certificates of compliance since 144, they were created prior, to the March 4 , 1972 date. Certainly, other (probably 6-10) subdivision applications have had to undergo some grant deed review before being verified. Staff is currently aware, through a zoning complaint, of only one illegal lot (Latham on Los Gatos) and this lot (created in 1977 after a 1965 merger) is not eligible for a certificate of compliance under existing law. There are, no d ubt, others in similar circumstances. • a s • _M E_M_O_R A_N_U_M_ TO: City Council FROM: City Manager SUBJECT: Ordinance No. 52 amending the zoning map The attached ordinance formalizes previous Council action which approved a zone change necessitating a change to the City zoning maps. Council approved this change by a 3-2 vote. This ordinance merely reflects that action and is before you for first reading this evening. G�� UR L. WARDEN . MLW:ad 5-6-82 • ORDINANCE NO. 52 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTION MAP 12-0-33 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY PLACING CERTAIN PROPERTY IN THE R-4-D ZONE. THE CITY COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows: Section 1. Council Findings. After conducting a public hearing, the City Council finds and determines that: 1. The project will not have a significant adverse effect upon the environment and the preparation of an Environmental Im- pact Report is not necessary. 2. The recommended rezoning is consistent with the Professional Commercial designation of the 1980 Atascadero General Plan. 3. Adequate provision has been made to assure that the transi- • tion between the commercial and residential areas will be buffered in an appropriate manner . Based upon these Findings, a change of zone from R-1-B-2-D and R-4-D (532) to R-4-D with the "D" to mean: "1. Development of the property shall be limited to business and professional offices, single family dwellings, public utility offices, parks and playgrounds, personal services and home occupations. 2. Provisions shall be made to develop a suitable screening buf- fer 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 provided, however , that building (s) not exceeding one-story and fifteen (15) feet in overall height and off-street parking may en- croach into said setback not more than 12 1/2 feet if appro- • priate landscaping , building architecture , and site design is utilized to minimize visual impacts on adjacent residential properties. ORDINANCE NO. 82-52 6. The front yard setback on Morro Road shall be fifteen (15) feet. " Section 2. Zoning Change. Map 12-0-33 of the Official Zoning Maps of the City of Atascadero on file in the City Planning Department is hereby amended to reclas- sify Lot 12 of Block RB of Atascadero Colony from R-1-B-2-D and R-4-D (532) to R-4-D. Section 3. Zoning Map. Map 12-0-33 of the Official Zoning Maps of the City of Atascadero on file in the City Planning Department is hereby amended as shown on attached Exhibit "A" which is hereby made a part of this ordinance by reference. Section 4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12: 01 a.m. on the 31st day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on 2 ORDINANCE NO. 82-52 AYES: NOES : ABSENT: ROBERT J. WILKINS , Mayor ATTEST: MURRAY L. WARDE , City Clerk APP VED AS F RM: ALLEN GRIMES, City Attorney 3 i if 1 d �f 1 2r I,oT �,�ocK Ra r JY i 8- 4 � t �- r - V (MuNift. Fmi17 An�ci p D Q l ra {csS'1'6 beSi q n e� Dove'opMen O Q o pWCK DoT 11 �cK � foo' EXHIBIT OR,611V NCE NO 82-52 ZS/ 1124 : 1 R!-5-2•b J R-q- 4(532) -A R-4-D 1"!ti Elie "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 12' 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. M E M 0 RAN D U M TO: City Council FROM: City Manager SUBJECT: Atascadero County Sanitation District In order to assure that the title and nomenclatures involved in the activities of the Sanitation District, it appears appro- priate that the Board of Directors, by motion, select a President of the Board. For the sake of convenience, you may wish to con- sider conferring that additional duty on the Mayor and again for the sake of identification, by motion, you should appoint the City Manager as the District Manager and Secretary of the Atasca- dero County Sanitation District Board. These actions will pro- vide an administrative framework for conducting the dual nature of our business. The attached Sanitary District resolutions need to be adopted to continue the process of securing the FmHA loan. The first item is for the Board, by motion, to accept the offer of the United States of America, Farmers Home Administration, to provide a loan for the purchase of the District' s 1982 Sewer Revenue Bond in the amount of $1,300,000 at 5% interest. The next item is to approve the loan resolution, Resolution No. 19-82, as drafted by the FmHA authorizing the indebtedness for the purposes of constructing the plant. In addition, the Board, by motion, should direct the President of the Board to sign FmHA Form 400-1 and 400-4, the Equal Opportunity Agreement and Non-Discrimination Agreement. You also have Resolution No. 20-82 accepting the bid of the United States of America for the bonds and directing the Secre- tary of the Board deliver the bonds to the purchaser . Resolution No. 21-82 commits the Council, as successor to the assets and liabilities of the Atascadero County Sanitation District, to com- ply with and enforce the terms and conditions of the Sanitation District 1982 Sewer Bond. This latter resolution is a part of City Council business as opposed to previous ones which are the business of the Sanitation District Board of Directors . L. WARDEN MLW:ad 5-6-82 United States Ormers i Department of Home 459 Cleveland Street `' Agriculture Administration Woodland, California 95695 April 29, 1982 Secretary of Board of Directors ...... Atascadero County Sanitation District r � City Hall j 6500 Palma Avenue Atascadero, California 93422 Gentlemen: Subject: Offer of the United States of America to Purchase up to $1 ,300,000 of a 1982 Sewer Revenue Bond to the Atascadero County Sanitation District, in San Luis Obispo County, California, in Order to Aid in Financing the Acquisition and Construction of Wastewater Treatment Improvements for the District Enclosed is the original of the captioned offer. Please advise this office by letter if you accept our offer. The original executed Form FmHA 442-47, "Loan Resolution," should be forwarded to the Farmers Horne Administration, FmHA District Director, Mr. Paul B. Rice, 777 Sonoma Avenue, Room 201, Santa Rosa, California 95404. Sincerely, AD. HATTER Acting State Director Enclosure cc: Regional Attorney, OGC, San Francisco, CA County Supervisor, FrflA, Arroyo Grande, CA District Director, FmHA, Santa Rosa, CA I/ Farmers Home Administration!s an Equal Opportunity Lender. �nn nl/>n1 Complaints of discrimination should be sent to Secretary of Agriculture,Washington,D.0 20250 1 " UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION COMMUNITY FACILITIES LOAN PROGRAM A 2 OFFER 3 i Subject to the General Conditions attached hereto as Exhibit a A, Special Conditions attached hereto as Exhibit B, and the Bond -A7 Specifications attached hereto as Exhibit C, and the adoption of Form FmHA 442-47, "Loan Resolution," the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture (hereinafter referred to as "the ,. Government"), hereby offers to make a loan of up to $1 ,300,000 to the Atascadero County Sanitation District, in San Luis Obispo County, California (hereinafter called "the District"), in order to aid in financing the acquisition and construction of wastewater treatment improvements for the District. The loan herein provided for shall be made by purchase at par value from the District of its 1982 Sewer Revenue Bond, in the principal amount of up to $1,300,000, bearing interest at the rate of 5$ per annum, in advances from time to time as necessary to complete said project. In the event any other bidder offers to purchase any of the bond issue at a net interest rate of not more than 5% per annum, those bonds will not be purchased by the Government, and it will purchase the balance of said bond issue. In the event that any of the bonds are sold to the Government, it ' is understood that the obligations of the District set forth in the Loan Agreement shall apply as fully and to the same extent as if the entire bond issue were sold to the Government. In the ,r event that no bid is received from any bidders within the terms herein specified, the entire bond issue will be purchased by the Government, subject to the conditions aforesaid. Upon acceptance, this Offer, toqether with all of the Exhibits attached hereto, and Form FmHA 442-47, "Loan Resolution," shall become the Loan Agreement. This Offer must be accepted within 60 days from the date hereof. Dated this 29th day of April 1982. .C+rn+�;-kS� A - -nxo�l' 7i�'HTi�Fe.94p+ "<? M UNITED STATES OF AMERICA Iwo By_ .�� - fM D. HATTER, Acting State Director of Farmers Home Administration for the State of California, United States Department of Agriculture - 2 - i • x EXHIBIT A ATASCADERO COUNTY SANITATION DISTRICT GENERAL CONDITIONS Section 1. Definitions. As used in these General Conditions: "Government" means the United States of America or the Farmers ° Home Administration. ' "District" means the public entity designated in the Loan Agreement. "Loan Aqreement" means the contract between the Government and tw the District created upon the acceptance of this offer by the District and including these General Conditions, the Special Conditions and Bond Specifications attached hereto, and Form FmHA 442-47, "Loan Resolution." "Enterprise" means the Public Works or Facilities covered by the Loan Agreement. "Letter of Conditions" means the letter to the District dated April 23, 1979 (including any amendments or supplements thereto) which specifies conditions upon which the Government will make financial assistance available to the District. "Bonds" mean the obligation or obligations which the Government �w�'�. e4'.�w,.;��rfi?,aes,�w��.�sr�a`�.ur•�!�e9r4,3 has agreed to purchase under the Loan Agreement. Section 2. Prerequisites to Government's Obliqations. The Government shall be under no obligation to purchase any Bonds under the Loan Agreement if: (a) Representations. Any representation made by the District to the Government in connection with the application or loan shall be incorrect or incomplete in any material respect, or the Government determines that the District has failed to proceed promptly with Enterprise financing or construction; 2. (b) Financial Condition. The financial condition of the District shall have changed unfavorably in a material r degree from its condition as heretofore represented to the a _ Government; (c) Contributions and Users. The District shall not have provided evidence satisfactory to the Government that the d requirements of the Letter of Conditions relating to contributions by the District and certifications of number of users have been met; or (d) Concurrence by Government. The District, having submitted to the Government such data, reports, records and documents relating to the financing, construction, and operation of the Enterprise and financial condition of the District as the Government may require, shall have proceeded 1 without having been advised by the Government that the same i ' are satisfactory, it being the purpose of this provision to insure that no action will be taken in the development of the Enterprise which would result in legal or contractual violation rendering it impossible for the Government to make i the loan hereunder or for the parties to accomplish the 7 objects of the Loan Agreement. Section 3. Purchase of Bonds. The District shall initiate and prosecute to completion all proceedings necessary to the authorization, issuance, and sale of the Bonds and to the ? security thereof. When the said proceedings have been completed t to the point of but not including the delivery of the Bonds to the Government, the District may request the Government to purchase the Bonds. The request shall be supported by such data as the Government is obligated under the provisions of the Loan Agreement to honor such request. If the Government is so obligated, it will purchase the Bonds covered by such request, within the limitations, however, specified in the Loan Agreement. P 9 i 3. Section 4. Legal Matters. The District shall furnish the Government a transcript of proceedings for the authorization, issuance, sale and security of the Bonds evidencing that the Bonds, when delivered and paid for, will constitute bindinq and legal obligations, payable and secured in accordance with their tenor, and that all proceedings for the financing and the acquisition, construction and development of the Enterprise preliminary to the delivery of the Bonds to the Government have been had and adopted in due time, form, and manner, as required by law. Section 5. Security. The District shall include in the proceedings - _ � for the authorization, issuance, sale and security of the Bonds, ;. provisions for the payment of the principal of and interest on the Bonds and for the security thereof of the nature required to assure such payment and to safeguard the loan hereunder, including, with respect to Bonds which are payable. in whole or in part from any special sources of revenues, provisions designed to assure the production of such revenues and the application thereof to the extent required for payment and security of the Bonds and interest thereon, including the maintenance of reasonable reserves. Section 6. Opinion of Bond Counsel. With the delivery of any of y the Bonds to the Government, the District shall furnish to the Government the approving opinion letter of bond counsel, who shall be satisfactory to the Government, coverinq generally all of the Bonds and, specifically and unqualifiedly, the Bonds then beinq delivered to the Government. Said letter shall also contain the 1:awYa:+'r4"�15. �;�i, ivP>344'V+KN}pry43R. opinion of bond counsel that the interest on all of said Bonds is exempt from all Federal income taxes and personal income taxes under :way existing statutes, regulations, and court decisions of the state wherein the Enterprise is located. Section 7. Prerequisites to Loan Disbursements. Prior to the Government disbursing any portion of the loan proceeds, the District shall present satisfactory evidence: (a) That it has obtained, or can obtain, all land, rights-of-way, easements, permits, franchises, and Federal, State, County, and Municipal approvals 4. - required in connection with the construction and operation of the Enterprise, including approval of the final plans and specifications by the appropriate State Authorities; (b) That it has adopted Bond Ordinances or Resolutions satisfactory in form and substance to the Government; (c) That it has adopted Bond Ordinances or Resolutions, satisfactory in form and substance to the Government, establishing rates, char4es, rules, and regulations relating to the services to be rendered `. by the Enterprise, including provision for no free service; and (d) That it has complied with all other conditions which, by terms of the Letter of Conditions, must be carried out before any loan proceeds may be disbursed. N"" N Section 8. Approvals and Permits. The District shall obtain all approvals and permits required by law as a condition precedent to the acquisition, construction, development, and operation of the Enterprise. Section 9. Liens and Encumbrances. The District represents that there are no liens or encumbrances of any nature whatsoever on or against the Enterprise or the revenues derived or to be derived from the operation thereof other than as heretofore disclosed to the Government. 0-4 Section 10. District's Existence. The District will maintain its legal identity and existence so long as any of the Bonds herein provided for remain outstanding. Section 11. Competent Management. The District shall employ ,q experienced and competent management personnel for the Enterprise. In the event of default on the part of the District in payment of principal of or interest on said Bonds promptly as they fall due or in the keeping of any covenants herein contained, and if such default shall continue for a period of sixty (60) days, or if the net revenues of the Enterprise in any fiscal year should fail to equal at least the amount of the principal of and interest on any �.y__ . .. Revenue Bonds and other obligations (including all reserves therefor specified in the Loan Agreement) payable from said net revenues in that fiscal year, the District shall, at the written request of the Government, retain a firm of competent management engineers skilled in the operation of the works and facilities of the Enterprise to y, assist in the management of the Enterprise so long as such default continues or the net revenues are less than the amount hereinabove required. ' Section 12. Performance and Payment Bonds. In order to insure the completion of the Enterprise and to protect the Government, the District will require any contractor to whom is given any contract w for construction appertaining to the Enterprise, to furnish to the go jr pa, District a performance bond and a payment bound in the full amount of his contract, which bonds must be satisfactory to the District and the Government. Section 13. Insurance and Bonding. The District shall procure and keep in force as long as any of the bonds are outstanding (1) workmen's compensation insurance on all of its employees as soon as such employees are hired, (2) property damage liability and public liability insurance in the amounts specified by the Letter of Conditions, and (3) position bond(s) on each position the holder of which will collect, disburse or have charge of funds of the District in the amount(s) specified in the Letter of Conditions. Section 14. Waiver of Published Notice of Redemption. So long as the Government shall be the holder of any of said Bonds, it aqrees to waive the requirements for a published notice of redemption of the whole or any part of the principal of any of said Bonds. sz Section 15. Payments on the Bonds. Except where it is expressly provided that surrender of a Bond is required before a particular payment will be made, the District will make all payments of 6. principal and interest on the Bonds to the order of the Government and mail same to Farmers Home Administration, c/o District Director, FmHA, Federal Office Building, Room 201, 777 Sonoma Avenue, Santa Rosa, CA 95404, whether the Government is the registered owner of — the Bond or the collection agent for the registered owner of the Bond to whom the Government has insured repayment thereof. Section 16. Interest of Members of or Delegates to Congress. No Member of, or Delegate to Congress or Resident Commissioner of the United States of America shall be admitted to any share or part of r this Loan Agreement or to any benefit that may arise therefrom: but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. Section 17. Registration Charges. Any charges imposed for the initial registration of the Bonds shall be borne by the District. k�e � EXHIBIT B SPECIAL CONDITIONS (1) Improvement Fund. Payments to contractors out of the Improvement Fund referred to in Section 4 of the Resolution of Issuance shall be made only in accordance with the payment autho- rization procedures of the Farmers Home Administration. (2) Application of Payments. Payments made on indebtedness r evidenced by the Bond shall be applied to the interest due through Y < the next installment due date and the balance to principal, in • accordance with the terms of the Bond. Payments on delinquent E•o ,r� .> accounts will be applied in the following sequence: (1) billed delinquent interest, (2) past due interest installments, � r (3) past due principal installments, (4) interest installment due, and (5) principal installment due. Extra payments and payments made from security-depleting sources shall be applied to the principal last to come due or as otherwise specified in the Bond. EXHIBIT C BOND SPECIFICATIONS The bond shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ATASCADERO COUNTY SANITATION DISTRICT 1982 SEWER REVENUE BOND No. Rl $1,300,000 The ATASCADERO COUNTY SANITATION DISTRICT, a county sanitation district organized and existing under 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 z to) to if or registered assigns (subject to any right of prior redemption hereinafter reserved), the principal sum of not to exceed ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000) on June l. in the years and installments as follows: Principal Maturity Date (June 1) Amount (both years inclusive) $10,000 1984-1985 15,000 1986-1992 20,000 1993-1997 25,000 1998-2001 Y+i=.a6 u ::at1`tt -+int [.:+7n5';:NiMgrt�ZS.,iN••ai w'y 30,000 2002-2005 35,000 2006-2008 40,000 2009-2011 45,000 2012-2013 50,000 2014-2015 55,000 2016-2017 60,000 2018-2019 65,000 2020 70,000 2021 75,000 2022 together with interest on the unpaid balance hereof from the date of each advance hereof (as set forth on the reverse 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 June 1, 1983 and semiannually thereafter on December 1 and June 1 in each year. Both the principal installments of and interest on this Bond are payable in 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 surrender hereof. The aggregate principal amount of this + Bond shall not exceed the aggregate payments herefor, as said r' 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 and the dates thereof are endorsed on this Bond by said <{ County Treasurer. This Bond is one of a duly authorized issue of Atascadero County Sanitation District 1982 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 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 s called the "Law"), and pursuant to Resolution No. 82- adopted by the Board of Directors of the District on April 26, 1982 (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 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 w: 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 time of this Bond, and to all the provisions thereof the registered owner of this Bond, by his acceptance hereof, consents and agrees. Each registered owner hereof shall have recourse to all of the provisions of the Law and the Resolution and shall a. be 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 set forth, f " F the District shall have the right to prepay, on any interest A. payment date on or after June 1, 1992, the entire principal amount hereof then remaining unpaid, or such lesser portion thereof as it may determine in inverse chronological order 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, z 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 of this Bond. r As provided in the Resolution, this Bond is ex- changeable at the sole expense of the District at any time after June 1, 1983, upon ninety (90) days' notice, at the request of the registered owner hereof and upon surrender of ,i this Bond to the District at the office of said County Treasurer, for negotiable coupon bonds, registrable only as a to both principal and interest, in an aggregate principal amount equal to the unpaid principal amount of this Bond and maturing as the installments thereof are herein scheduled to be paid, and in the form of coupon bonds provided for in the Resolution. ,." The Bonds are issued to provide funds for the y 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 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 rmay 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 y 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 .i, taxing power of the District is not pledged, for the payment of the Bonds or their interest. The Bonds are not secured by a legal or equitable pledge of, or charge, lien or encumbrance 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 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 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 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, things and acts required to exist, to have happened or to 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 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 lMksf u "=' -Directors and countersigned by the Secretary of its Board of Directors, and has caused this Bond to be dated June 1, 1982. President of the Board of Directors of Atascadero County Sanitation District [SEAL] Countersigned: .srs- R Secretary of the Board of Directors c s q of Atascadero County Sanitation District * This paragraph to be used only if the Bond is purchased ! by the Farmers Home Administration. [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: 3u Signature of the ..v County Treasurer of Date of Payment Amount of Payment San Luis Obispo County [FORM OF ASSIGNMENT OF INSTALLMENT BOND] ts ,�TM+'iyyE'r k For value received, hereby assign and transfer unto the within bond, together with accrued interest thereon, here- :'� by irrevocably constituting and appointing attorney to transfer said bond on the books of the District at the office of the County Treasurer of San Luis Obispo County in San Luis Obispo, California, with full power of substitution in the premises. Dated: In the presence of: a [FORM OF REGISTRATION ENDORSEMENT FOR INSTALLMENT BOND] Signature of the Date of Name and Address of County Treasurer of - 'r�*, ..rcir'r x•.r�r&aij"x-rmatw>:,.t^ �$ Registration Registered Owner San Luis Obispo County c:e `a[�!!GPk`auxhsarr;?'f'Y�,fwe?.yi;:F`SY t x. �31,.3X fits• _. . '-4�' Position 5 CiA., USDA-FmHA Form FmHA 442.47 LOAN RESOLUTION • (Rev.4-9-76) (Public Bodies) RESOLUTION NO. 19-82 — A RESOLUTION OF THE ______Board of Directors -----------._------------------------------------------------------ --------'–"'""'._.... ..........._...... Atascadero County Sanitation District OFTHE --------------------------------------------—------------------------------------------------------------------------------------------------------------------------- AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF 44 PROVIDING A PORTION OF THE COST OF ACQUIRING,CONSTRUCTING,ENLARGING,IMPROVING,AND/OR EXTENDING ITS------sewaae__treatment facilities --------------------------------- - - -- - ,. FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURIDICTION TO SERVE. Board of Directors WHEREAS,it is necessary for the ---------------------- (Public Body) (hereinafter called association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of---------�1 3001.000 --- - pursuant to the provisions of theRevenue Bond_Law_of__1941__and the Revenue Bond Election of - ------- ------------- --------- --------------- – . November 7, 1978. WHEREAS, the association intends to obtain assistance from the Farmers Home Administration,United States Department of Agriculture, (herein called the Government)acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision of such undertaking and to purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the association: NOW THEREFORE, in consideration of the premises the association hereby resolves: 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds and containing such items and in such forms as are required by STATE statutes and as are agreeable and acceptable to the Government. 2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)). z 3. To provide for, execute, and comply with Form FmHA 4004, "Nondiscrimination Agreement"; and Form FmHA 400-1, "Equal Opportunity Agreement", including an "Equal Opportunity Clause", which clause is to be in- corporated in, or attached as a rider to, each construction contract and subcontract involving in excess of$10,000. 4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the association. Such indemnification shall be payable from the same source of founds pledged to pay the bonds or any other legally permissable source. 5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan,the Government, at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the association (payable from the source of funds pledged to pay the bonds or any other legally permissable source) incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this Resolution or any instrument incident to the making or insuring of the loan may be construed-by the Government to constitute default under any other instrument held by the Government and executed or assumed by the association,and default under any such instrument may be construed by the Government to constitute default hereunder. 6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof,or interest therein,not permit others to do so,without the prior written consent of the Government. 7. Not to borrow any money from any source, enter into any contract or agreement, or incur any other liabilities in connection with making enlar,ements, improvements or extensions to, or for any other purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. ' 2.. 8. To place the proceeds of the bonds on deposit in an account,in a bank,and in a manner approved by the Government. FmHA 44247 (Rev.4-9-76) 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. w 10. To provide for the receipt of adequate revenues to meet the requirements of debt service,operation and maintenanie s and the establishment of adequate reserves.No free service or use of the facility will be permitted. a 11. To acquire and maintain such insurance coverage including fidelity bonds as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof in such a manner as may be required by the Government,to provide the Government without its request, a copy of each such audit, and to make and forward to the Government such additional information and reports as it may from time to time require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. To serve any applicant within the service area who desires service and can be feasibly and legally served, and to obtain the concurrence of the Farmers Home Administration prior to refusing service to such applicant. Upon the failure to provide such service which is feasible and legal such applicant shall have a direct right of action against 4." the association under this agreement. 'f The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan,unless otherwise specifically provided by the terms of such instruments, shall be binding upon the association as long as the bonds are held or insured by the Government. The provisions of sections 6 through 13 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling as between the association and the Government. The vote was: Yeas ---- - ; Nays -------------- ; Absent ---- - . IN WITNESS WHEREOF, the --_—....__----------------- of the n has duly adopted this Resolution and cause :;'•3 _---------- _--_------ __._------- ------------ �____._____ it to be executed by the officers below in duplicate on this -------- day of--------------------------------------------- 19 ------ . (SEAL) By ------------- ----------------------------- -_----....._ Attest: Title --------------------------------------------------------------------------------- Title ---------------------------------------------------------------------------- CERTIFICATION 19 the undersigned,as ----------------------------------------- of the ----------------------------------------------------------------------------------- .T hereby certify that the -------------------------------------------------------------------------------------- ---- of such Association is composed of ---------- members, of whom ---------------- , constituting a quorum, were present at a meeting thereof duly called and held on the ------------------- day of--------------------------_.----------__— , 19 ---- ;that the foregoing resolution was adopted at such meeting by the vote shown above;and that said resolution has not been rescinded or amended in any way. Dated, this --------------------------- day of - - ----- ______-- --- -- ------ , 19 1 *U.S.GPO:1976-0-665-664/2243 > y Title UNITED STATES DEPARTMENT OF AGRICULTURE Form FHA 400-1 (Rev. 6-26-72) FARMERS HOME ADMINISTRATION 4,Y EQUAL OPPORTUNITY AGREEMENT 5. " May 10 1982 RA-' , l This agreement dated y between Atascadero County Sanitation District -•-----•--------------•--- ---•--.....-•-------------•---------•-•--------- --- (herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the `Secretary') issued under the authority of Executive Order 11246, as amended, witnesseth: °F In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) ».� made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000--unless exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965. 1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; ° recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, advising the said labor union or workers' representative of the contractor's commitments under this agreement as required pursuant to section 202(3)— of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the 'nw „ Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause pq or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, of by rule, regulation or order of the Secretary of Labor, or as provided by Law. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Position 6 FHA 400-1 (Rev. 6-26-72) 2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and p� for in whole or in part with the aid of such financial assistance. r=9 3. To notify all prospective contractors to file the required `Compliance Statement', ,Form FHA 400-6, with their bids. 4. Form AD-425, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award. 5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance :> of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations, and orders, to obtain and furnish to the Farmers Home Administration and the Secretary, Form AD-560, Certification of Nonsegregated Facilities, to submit the Monthly Manpower Utilization Report, Optional Form 66, as required and such other information as they may require for the supervision of such compliance, and to otherwise assist the Farmers Home Administration in the discharge of its primary responsibility for securing compliance. z'. 6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Part II, E Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the Equal Opportunity Clause as may be imposed upon contractors and subcontractors by the Farmers Home Administration or the Secretary pursuant to such Subpart D. 7. That if Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any or all of the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part;(b) refrain from extending any further assistance under the program involved until satisfactory assurance of future compliance has been received from Recipient; and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for appropriate action. Witness the due execution hereof by Recipient on this, the date first above written. Recipient Recipien� (CORPORATE SEAL) Name of Corporate Recipient Attest: By, k i+1 President Secretary _y U.S. GPO:1976-0-665-664/1959 t '-fib - Position 34V C3;' Form FHA 400-4 (12-29-64) UNITED STATES DEPARTMENT OF AGRICULTURE 0 FARMERS HOME ADMINISTRATION -4 NONDISCRIMINATION AGREEMENT (Under Title VI, Civil Rights Act of 1964) w Date: Mai' 10 t 1982... Name: _.__-Atascadero County Sanitation District ------------ ---------------------------------------P. O. Box 747 Atascadero Ca. 93423 Address: ' - - - ----- '---•----- ---- -- ----- --- (herein called "Recipient") in accordance with regulations (herein called "the regulations") of the Farmers Home Admin- istration and the United States Department of Agriculture (herein called "the Department") issued pursuant to Title VI of Civil Rights Act of 1964 and in consideration of a loan or advance made or to be made by the United States of America acting through the Farmers home Administration (herein called "the Government"), hereby covenants and agrees as follows: 1. Recipient shall comply with all provisions of the regulations and shall not,on the ground of race,color, or national origin — — (a) Deny, or cause to be denied, to any person, directly or indirectly, wholly or partially, any service, use, occupancy, financial aid, or other benefit (herein called "benefits") of the whole or any portion of any property, facility, structure, project, service, or activity which, directly or indirectly, wholly or partially, is provided with the aid of the loan or advance (herein called "aided facility or activity"); or (b) treat any person, or cause any person to be treated, differently from any other person with respect to any right or opportunity to participate in the benefits of any aided facility or activity; or (c) subject any person, or cause any person to be subjected, to discrimination in any other manner in connection with any aided facility or activity or the benefits thereof. It is understood that employment is not within the scope of this agreement. 2. Any transfer of any aided facility or activity, other than personal property, by sale, lease, or other conveyance or contract, shall be and shall be made expressly, sub ect to the obligations of this agreement and transferee's � j g g assumption thereof. 3. Recipient shall —— (a) Keep such records and submit to the Government such timely, complete, and accurate compliance reports at such 5 times and in such form and containing such information as the Government may determine to be necessary to ascertain N1.1 4 Recipient's compliance with this agreement and the regulations; and (b) permit access by authorized employees of the Farmers Home Administration or the Department during normal business hours to such of Recipient's books, records, accounts, and other sources of information and its facilities as may be pertinent to ascertaining such compliance; and (c) make available to users, participants, beneficiaries, and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner, as the Farmers Home Administration or the Department finds necessary to inform such persons of the protection assured them against discrimination. 4. The obligations of this agreement shall continue — — (a) As to any real property, including any structure, provided with the aid of the loan or advance, so long as such real property is used for a purpose for which the loan or advance is made or which affords similar services or benefits. (b) As to any personal property provided with the aid of the loan or advance, so long as Recipient retains ownership or possession of the property. (c) As to any other aided facility or activity, until the last advance of funds under the loan or advance has been made. FHA 400-4 (12-29-64) 4 S. Upon any breach or violation of this agreement the Government may, at its option —— �(a) Terminate or refuse to render or continue financial assistance to Recipient or for the aid of the property, facility, project, service, or activity. (b) In case of a loan, accelerate the maturity of the indebtedness. (c) Appoint a receiver, or have a receiver appointed, to take possession of and administer the aided facility or activity in order to secure compliance with this agreement and the regulations. For this purpose Recipient hereby appoints the Government its agent and attorney-in-fact with power, in event of such breach or violation, so to take possession of and administer or to appoint such receiver. This appointment is coupled with an interest and shall be irrevocable while the obligations of this agreement continue. (d) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs. mr Rights and remedies provided for under this agreement shall be cumulative. In witness whereof Recipient, on this, the date first above written, has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural person, has hereunto set Recipient's hand and seal. �ti rte: A L) Recipient Attest: By (Title) (Title) R ecipient R ecipient t=c:. 4L U.S. G.P.O. 1973-761-491/98 REG.#6 ATASCADERO COUNTY SANITATION DISTRICT RESOLUTION NO. 20-82 RESOLUTION SELLING $1, 300,000 PRINCIPAL AMOUNT OF ATASCADERO f:OUNTY SANITATION DISTRICT 1982 >EWER REVENUE BONDS WHEREAS, the Board of Directors of the Atascadero County Sanitation District has duly authorized the issuance of $1,300,000 principal amount of bonds designated "Atascadero County Sanitation District 1982 Sewer Revenue Bonds" (herein called the "bonds" ) and further duly authorized the sale of the bonds at public sale to the highest bidder therefor; and . WHEREAS, notice of the sale of the bonds has been duly given, and the only bid received for the bonds was the bid of the United States of America, Farmers Home Administration, offering to purchase all the bonds at the par value thereof; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Atascadero County Sanitation District, as follows: Section 1. Said bid of the United States of America, Farmers Home Administration, for the bonds is hereby accepted and the Secretary of the Board of Directors of the District is hereby authorized and directed to deliver the bonds to said purchaser thereof upon payment to the District a of the purchase price, to wit: The par value thereof . together with accrued interest at the rate of five per cent (5%) per annum. The bonds shall bear interest at the rate hereinabove set forth, payable annually the first year on June 1, 1983 and semiannually thereafter on December 1 and June 1 in each year. Section 2. In accordance with said bid, the bonds shall be issued as one single fully registered installment bond. Section 3 . This resolution shall be forthwith 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 10th day of May, • 1982, 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 2 SECRETARY' S CERTIFICATE I, Secretary of the Board of Directors of Atascadero County Sanitation District, San 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 place thereof on May 10, 1982, of which meeting all 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 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 District, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. 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. Dated: May _, 1982 . Secretary of the Board of Directors of Atascadero County Sanitation District • CITY OF ATASCADERO RESOLUTION NO- 21-82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DETERMINING TO COMPLY WITH THE TERMS AND CONDITIONS OF THE ATASCADERO COUNTY SANITATION DISTRICT 1982 SEWER REVENUE BONDS WHEREAS, the Board of Directors of the Atascadero County Sanitation District, pursuant to Resolutions Nos. 16-82 and 17-82 adopted on April 26, 1982 and Resolution No. adopted on May 10, 1982, has duly authorized the issuance and sale of $1,300, 000 principal amount of bonds designated "Atascadero County Sanitation District 1982 Sewer Revenue Bonds" ; and WHEREAS, the City of Atascadero anticipates succeeding to all right, title and interest in the assets and liabilities of the Atascadero County Sanitation District; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero, as follows: Section 1. All of the above recitals are true and correct and this City Council so finds and determines. Section 2 . If and when the City of Atascadero succeeds to all assets and liabilities of the Atascadero County Sanitation District, and subject to such succession, this City Council hereby determines and declares that the City of Atascadero, as such successor, will comply with and • . will enforce all the terms and conditions of the Atascadero County Sanitation District 1982 Sewer Revenue Bonds as contained in said resolutions. Section 3 . This resolution shall take effect immediately. PASSED AND ADOPTED by the City Council of the City of Atascadero this 10th day of May, 1982, by the following vote: AYES: Councilmembers NOES: ABSENT: Approved: • Mayor of the City of Atascadero [SEAL] Attest: City Clerk of the City of Atascadero t 2 • CLERK' S CERTIFICATE I, City Clerk of the City of Atascadero, San 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 the City Council of the City of Atascadero duly and regularly and legally held at the regular meeting place thereof on May 10, 1982, of which meeting all of the members of said City Council had due notice and at which a majority thereof was present. At said meeting said resolution was adopted by the following vote: AYES: Councilmembers NOES: ABSENT: I have carefully compared the same with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. 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. Dated: May _, 1982. • City Clerk of the City of Atascadero 3