Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 03/26/2002
n 'e'$ '9 AGENDA ATASCADERO CITY COUNCIL MEETING TUESDAY, MARCH 26, 2002 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4t' Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION • 2. Call to Order a.) Conference with legal counsel -Pending litigation (Govt. Code Sec.54956.9) Diamond v City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALLEGIANCE: Mayor Arrambide ROLL CALL: Mayor Arrambide Mayor Pro Tem Scalise Council Member Clay Council Member Johnson Council Member Luna APPROVAL OF AGENDA: Roll Call COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) 1. Atascadero State Hospital(ASH) Operations - Mayor Pro Tem Scalise was asked by the Council to discuss with ASH the issues brought up at the Council meeting of February 26, 2002. She has asked ASH to respond at this time. A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) • 1. City Council Minutes — March 12, 2002 ■ City Clerk recommendation: City Council approve the City Council minutes of March 12, 2002. [City Clerk] 2. City Treasurer's Agenda Report - January 2002 ■ City Treasurer recommendation: City Council review and accept the January 2002 Treasurer's Report. [City Treasurer] 3. February 2002 Accounts Payable & Payroll ■ Fiscal impact: $924,957.67 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for February 2002. [Administrative Services] 4. Chico Avenue and Traffic Way Storm Drain Projects ■ Fiscal impact: $413,543.82 (in FY 2001-03 Budget) ■ Staff recommendation: Council: 1) Approve Change Order #2 for $16,818.18 with Souza Construction for the Chico Avenue Storm Drain Project 2) Authorize the Director of Administrative Serves to appropriate $18,000 from the Drainage Impact Fee Fund for this project 3) Accept Souza Construction, Inc.'s work as complete. 4) Authorize the City Manager to sign and file the Notice of Completion for both projects. [Public Works] 2 5. Acceptance of Final Parcel Map 2001-0017 / AT 01-060 - (2000 Ferrocarrill Road - Gearhart) Fiscal impact: None • Staff recommendation: Council: 1. Accept Final Parcel Map 2001-0017 (AT 01-060); and, 2. Reject the offers of dedication emergency access, public access, and public utility easements shown on Final Parcel Map 2001-0017. [Public Works] 6. Trench Cut Ordinance ■ Fiscal impact: None ■ Staff recommendation: Council introduce for second reading by title only and adopt the draft Ordinance, amending Chapter 15, encroachment on public property of the Atascadero Municipal Code, relating to trench cuts. [Public Works] 7. Musselman Drive Planned Development - Zone Change 2001-0019 (9385 Musselman Drive) (Shores / R. Thompson Consulting) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Staff recommendation: Council introduce for second reading by title only the draft Ordinance, enacting Zone Change 2001-0019 amending the Zoning Map district of APN 030-461-054 from RMF-16 (Residential Multi-Family) to RMF-16 / PD 7 (Residential Multi-Family with a PD-7 overlay district). [Community Development] 8. Boat Rental Concessions Agreement - Extension Amendment (Atascadero Lake Park) ■ Fiscal impact: Revenue of $5,000.00 ■ Staff recommendation: Council authorize the City Manager to sign an amendment to the • Atascadero Lake Boat Rental Concessions Agreement with Lloyd Reeves, extending the agreement for an additional two years. [Community Services] 9. Hot EI Camino Nite - Road Closure ■ Fiscal impact: $800.00 in Cal Trans fees. ■ Staff recommendation: Council approve the draft Resolution authorizing the closure of EI Camino Real from Rosario to Curbaril on Friday, August 16, 2002 from 6:30 p.m. until 8:30 p.m. [Community Services] B. PUBLIC HEARINGS: 1. Appeal - Variance 2001-0002(13800 Old Morro Road) (Graves/Wilson Land Surveys) ■ Fiscal impact: None ■ Staff recommendation: Council uphold the Planning Commission decision approving Variance 2001-0002, a request for an exception from the required 25-foot setback requirement in the RS zoning district based on findings and subject to conditions. [Community Development] _ 3 C. ATTORNEY REPORTS: 1. Reinstitute Code Section Banning Cargo Containers ■ Fiscal impact: None • ■ City Attorney recommendation: Council introduce for first reading by title only, the draft Ordinance adding Section 8-1.103 banning the use of cargo containers and railroad cars for specified purposes within the City of Atascadero. [City Attorney] D. MANAGEMENT REPORTS: 1. Information Bulletin A. Memorandum of Understanding between the City of Atascadero Fire Department and Air Pollution Control District. E. COMMITTEE REPORTS: (The following represent standing committees. Informative status � reports will be given, as felt necessary.): Mayor Arrambide 1. S.L.O. Council of Governments(SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) 2. Water Committees 3. County Mayor's Round Table Mayor Pro Tem Scalise 1. Finance Committee 2. City / Schools Committee • 3. Atascadero State Hospital Advisory Board 4. Economic Vitality Corporation, Board of Directors (EVC) Council Member Luna 1. Finance Committee 2. Integrated Waste Management Authority (IWMA) 3. North County Homeless Coalition Council Member Johnson 1. Local Agency Formation Commissions (LAFCO) 2. Water Committees Council Member Clay 1. Air Pollution Control District (APCD) 2. City / Schools Committee F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council 2. City Clerk 3. City Treasurer 4. City Attorney • 5. City Manager 4 G. ADJOURNMENT: • Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. 1, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the March 26, 2002 Regular Session of the Atascadero City Council was posted on March 19, 2002 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the City Clerk's office at that location. Signed this 19" of March, 2002 at Atascadero, California. C Marcia McClure Torgerson, City Cler City of Atascadero • i 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., • in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk(Room 311) available for public inspection during City Hall business hours. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • • Give your name and address(not required) • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes(unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA • All business matters to appear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. ITEM NUMBER: A-1 DATE: 03/26/2002 DRAFT MINUTES ieis ® is�s ATASCADERO CITY COUNCIL MEETING TUESDAY, MARCH 12, 2002 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 1 . PUBLIC COMMENT - CLOSED SESSION 2. Call to Order • a.) Conference with legal counsel - Pending litigation (Govt. Code Sec.54956.9) Diamond v City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced there was no reportable action taken. REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:04 p.m. Mayor Arrambide stated that due to the confusion of the Redevelopment Agency and City Council having a joint Closed Session, a member of the public did not speak at the Closed Session public comment period. He asked the citizen to step to the podium and speak. Terrill Graham, 6205 Conejo Road, stated his lawsuit against the City is alive and • well. He requested a retraction by the City for representing to the public through the media that Graham v Atascadero was dead on appeal. CC 03/12/02 Page 1 001 ITEM NUMBER: A 1 DATE: 03/26/2002 Mayor Arrambide asked Council Member Luna to lead the Pledge of Allegiance. 0 ROLL CALL: Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide Absent: None Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Police Lt. Steve Schnars, Fire Chief Kurt Stone, and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Mayor Pro Tem Scalise to approve the agenda. Motion passed 5:0 by a roll-call vote. COMMUNITY FORUM: Dorothy McNeil, expressed her concerns with the re-write of the General Plan. Terrill Graham, 6205 Conejo Road, referred to a Grand Jury report and its recommendations concerning the City of Atascadero. He called upon Council Member Johnson to step down from voting until an investigation is made into his economic interest concerning Tenet Health Care/Twin Cities Hospital, and other economic interests in the County of San Luis Obispo. Mayor Arrambide closed the Community Forum period. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna explained his concerns with the use of statistics in the issue of affordable housing. He gave an example of misleading statistics such as median • figures, which the government uses and which therefore, cities are forced to use. He encouraged the Council to question statistics and ask for further indicators such CC 03/12/02 Page 2 002 ITEM NUMBER: A- 1 DATE: 03/26/2002 as standard deviation, variance, etc. to get a more accurate idea of what an affordable house is and what houses are actually selling for. (Attachment A) • Council Member Clay asked for an update on the Barn Dance. City Manager er Wade McKinney announced that the dance would be held Saturday evening, March 16, 7:00 p.m. at the Youth Center. Kiwanis will be hosting a barbeque before the dance. Mayor Arrambide stated that he had visited the new location of the custom bootmaker. The tenant is very happy with his new location and it is a nice addition to downtown Atascadero. Mayor Pro Tem Scalise announced that a report from the State Hospital, based on issues raised at the last Council meeting, would be given at the March 26th meeting. A. CONSENT CALENDAR: 1. City Council Minutes - January 29-30, 2002 ■ City Clerk recommendation: City Council approve the City Council minutes of January 29-30, 2002. [City Clerk] . 2. City Council Minutes - February 26, 2002 ■ City Clerk recommendation: City Council approve the City Council minutes of February 26, 2002. [City Clerk] 3. January 2002 Accounts Payable & Payroll ■ Fiscal impact: $1,097,348.86 • Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for January 2002. [Administrative Services] 4. Final Parcel Map 2002-0023 (ATAL 01-373) - [LLA 2001-00311 - 13600 Santa Lucia Road (Landis/Wilson) ■ Fiscal impact: None ■ Staff recommendation: Council accept Final Parcel Map 2002-0023 (ATAL 01-373). [Public Works] MOTION: By Council Member Luna and seconded by Council Member Clay to approve Consent Calendar Items #A-1 through 4. Motion passed 5.0 by a roll-call vote. B. MANAGEMENT REPORTS: 1. Atascadero Road Program - Trench Repair & Assessment District Programs • • Fiscal impact: Trench Repair, none. Assessment District, $50,000 of budgeted funds and staff time to administer the program. ■ Staff recommendation: Council: CC 03/12/02 — Page 3 003 ITEM NUMBER: A- 1 DATE: 03/26/2002 1 . Introduce for first reading by title only, the draft Ordinance amending Chapter 15, encroachment on public property of the Atascadero Municipal Code, relating to trench cuts; and, • 2. Receive an update on the Assessment District Program. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT - None MOTION: By Council Member Johnson and seconded by Council Member Clay to introduce for first reading by title only, the draft Ordinance amending Chapter 15, encroachment on public property of the Atascadero Municipal Code, relating to trench cuts. Motion passed 5.0 by a roll-call vote. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Luna to receive an update on the Assessment District Program. Motion passed 5.0 by a voice vote. C. COMMITTEE REPORTS: Mayor Arrambide • 1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA): Linda Wheaton from Housing and Community Development (HCD), Sacramento, addressed the meeting. She reported that HCD is offering a tool, not a mandate, for affordable housing and if cities will comply, they will offer incentives. Regarding another SLOCOG issue, the $163,000 targeted for the median and pedestrian improvements downtown, it was proposed to move this to fiscal year 2003/04. 2. Water Committees: The EIR for the Nacimiento project is almost ready. 3. County Mayor's Round Table: Toured the Paso Robles Airport and the new Barney Schwartz Park, both of which were completed with Measure D funds. Council Member Luna 1. Integrated Waste Management Authority (IWMA): Reported on the 52% diversion rate and stated there is a possibility that Paso Robles will join the organization. The State will begin to get tough on some of the jurisdictions, forcing them to participate in certain programs to increase their diversion rates. Council Member Johnson 1. Water Committees: The San Luis County Flood Control and Water Conservation District looked at the Nacimiento project. They also received a thorough report on the Paso Robles Basin Water Study. Several points made include: 1) the vineyards are using less water than alfalfa, 2) there are not as many sub-basins overall as was thought, 3) the Paso Robles Basin goes up beyond Camp Roberts, and 4) some areas are having water quality issues. Their conclusion was that the basin is stable. The report is available for review. • CC 03/12/02 — Page 4 004' ITEM NUMBER: A- I DATE: 03/26/2002 Mayor Arrambide reopened the Community Forum. • Elmo Black, Administrator and Executive Director of the Atascadero Christian Home, spoke about a master plan revision for the Home that was presented to Community Development Director Warren Frace at a meeting several months ago. Mr. Black expressed concern over the delay to their expansion plans due to a lack of response from the Community Development Department to their request for the revisions. Mayor Arrambide closed the Community Forum period. D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Johnson explained his position on the Board of Twin Cities Hospital. Council Member Clay discussed the crosswalk issue and expressed concern regarding the south end of EI Camino Real near the Post Office. Council Member Luna suggested that the meeting on April 8th addressing the • General Plan be televised. City Clerk City Clerk Marcia McClure Torgerson announced that Planning Commissioner Roberta Fonzi's term expired in February. Commissioner Fonzi is willing to serve until Council fills her position and it is her intention to reapply. The City Clerk asked for direction from Council on advertising and a date for reappointment. There was Council consensus to advertise the position. City Manager City Manager McKinney reported on the draft of the Legislative Analyst's report on an initiative being prepared for an upcoming election; a financial protection measure limiting ERAF and protecting local government revenue, mainly the VLF, so that state government could not take those funds away. Mr. McKinney also discussed AB-680, the sales tax redistribution bill and AB-2863, the League's housing element bill. Information was also distributed regarding ERAF. E. ADJOURNMENT: . Mayor Arrambide adjourned the meeting at 8:06 p.m. to the next regularly scheduled meeting on March 26, 2002. CC 03/12/02 — Page 5 00Z5 Attachment: A Atascadero City Council Meeting March 12, 2002 • 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 11000,000 1,000,000 1,000,000 1,000,000 1,000,000 median 550,000 median 100,000 1,000,000 median 1,000,000 • � 7 ITEM NUMBER: A-2 DATE: 03/26/2002 T es s,a • n� iaia ' 1979 Atascadero City Council David G. Graham, EA City Treasurers Agenda Report RECOMMENDATION: City Council approve the City Treasurers reports for the following periods: January 2002 DISCUSSION: The current 2-year treasury yield is up slightly to 3.55% and 30year bonds are now right at 5.5%. • Current economic reports continue to be mixed but lean toward recovery. A narrow majority of economists are now projecting a Q3 2002 economic upturn. Despite the stated uncertainty in the market, investors continue to react favorably to longer-term investment vehicles. Long-term rates continue their steady rise. The yield curve steepens sharply for maturities in the 2-3 year range indicating short-term investor skepticism but long-term market confidence. Market conditions: The pace of corporate layoffs now shows signs of abating. Consumer demand remains strong and with the renewed possibility of building inflationary pressures on the economy, some economists are now predicting a quarter point tightening by the FOMC in the third quarter of this year. Investment Strategy: LAIF's mix of long and short-term maturities continues to be the preferred investment for short and medium term funds. LAIF rates appear to have bottomed out in February at 2.967% and should now begin a steady rise. It will be critical to restrain maturities to correspond with any tightening by the Federal Reserve, which could occur in from 6 to 12 months. Agencies and fully FDIC insured CDs offer optimum yields and flexible liquidity as rates bottom out. Corporate yields can be expected to lead the market when an economic turn around does occur. With the broad decline in corporate earnings however, commercial paper will require careful selection and constant monitoring to maintain the quality of our investments. • 008 City Treasurer's Report January 2002 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 523,230 Money Market Accounts 457 Certificates of Deposit 3,385,621 Government Securities 1,743,265 Corporate Paper - LAIF 15,391,723 Cash with Fiscal Agents 143,575 Cash in Banks at January 31, 2002 $ 21,187,871 Deposits in Transit - Outstanding Checks (355,913) Cash and Investments at January 31,2002 $ 20,831,958 Investment Activity Securities Purchased: • Purchase Date Description Type Cost Maturity Date 01/03/02 Federal Farm Credit Bank Gov't Security $ 250,000 06/28/04 01/24/02 Federal Home Loan Bank Gov't Security $ 250,000 01/24/07 Securities Matured: Maturity Date Description Type Original Cost Amount Matured 1/2/2002 Flagstar Bank CD $ 95,000 $ 95,000 Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None • Page 1 of 11 009 CITY OF ATASCADERO TREASURER'S REPORT • CASH&INVESTMENTS ACTIVITYSUMMARY FOR THE MONTH OF JANUARY 2002 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at January 1, 2002 $ 443,881 $ 19,612,927 $ 143,378 $ 20,200,186 Receipts 1,982,131 118,139 197 2,100,467 Disbursements (1,112,782) - (1,112,782) Transfers In 595,000 1,385,000 - 1,980,000 Transfers Out (1,385,000) (595,000) - (1,980,000) Balance per Banks at January 31, 2002 $ 523,230 $ 20,521,066 $ 143,575 21,187,871 Deposits in Transit - Outstanding Checks (355,913) Adjusted Treasurer's Balance $ 20,831,958 • Page 2 of 11 010 M r- N_ O O o O Ocn O O O C v1 M M C\ V"1 ul C, M V C� CN N C', C1 oz cu cc cl h O O R R R R R R Z G C C C � c C C C C C C Eq— C) O O O O O O O O N v'i O O O O O O O O O l V V O O O O O O O O C V .� M V CN G\ On C\ G1 CN C\ C\ C\ Q .Ir,.. 6R J 0 0 o O o kn Ln v-, o W co n cn M cn A �4 o 0 0 0 0 0 0 6 o � cqs � O v1 v1 O O v1 In v'1 O G c Q V N O V O r v� [� C M In Vl K1 O vi V M M M W a N W V N R R R z as \3 R R R R R '" � C c a .� .., y y .. .. Y Er , w o 0 0 i o 0 0 0 0 0 U ti 9 0 0 0 a W o �L c o 0 0 0 0 0 0 0 0 `� > L4 R c0 CO cd R 'C T U U U U U V U U V ~ ° ai ami ai o ami ami ami v a`� ay`i U U U C7 U U U U U U c �R o o CN ON 0 0 � o rn o 0 0 Q Q N N N N N N N N A N Ch V � M N N � N -- •— •-- C U x eca o a eq u op � V ti a ami oa ¢ cl U Lrna C qy Q o u o b C ocl bA a 7 y 6J 0 GCC .1 aR+ u C C y N L C c •% ca vui 'C p 0 v G cia. u r� i E .� O R u wU moa QU x3 zU � � A d • G N N N N N N N N N N ti Ly C O O O O O O O O O O jh •� R '\V kn M N b r h Q cy Oil h O O O N O O O O O O Oni O O O O O O O O M O O O O O G1 OW W) N kn V I� [� In C.1 O V ni C\ ON CN C% CN C\ Gll C\ C\ V1 ON Er Er N Gq 0 j ;- cl ca 8 0O cd M cO cC .. C C C W C C C C C CN A C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 Uj CN CN C% C% CN C\ C% � n CN o � Q ►� N 69 �1 o N O o kn o o In �• C\ .-• � O N v1 v1 n7 M V'' W e lf+ o 0 0 0 0 0 0 o c O vi O c r In M r- O � AN C c3 cd ca cJ M of m 0 C M tz as Er M Q C ` bD y R c a 0 n o L o aoi aj W w w w w w w w w w w 0 0 0 0 0 0 0 0 0 0 = o a ami 0 Q ami ami ani ami o U U U U U U U U U U C7 U L O o 0 0 C 0 0 0 0 0 0 Q Q N N N N N N N M O O O O N In N In [� \ N M N N W W O\ oo n � I C_ cl Y •O H U c9 r i u W ci Z m X ca > t% 41 clcl W `l GA U O C .Y (� Oa ai CLQ E Q M z8 ° o Y Q en ° e°a • c` F 3 3 U v� 3 v� in z cn a m U U h M M M M M M M M M M M M LL) O O O O O O O O O O M 00 M4 N N Vw1 c j O O C\ Q o 0 0 0 0 0 0 0 0 0 0 - alz h o O o 0 0 o O �n o 0 0 0 Z o 0 0 0 0 0 o M o 0 0 0 O O O O O O O N O O O O O W CT G\ C% O O O C\ CN C\ C\ C% cs C\ In CT ON v1 vl h h N N N 0 ti bq • !moi h m \V as c0 cid M c\C vl c�C 0 w cd �i V a, q Cl 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 O O O o 0 0 0 0 0 C 0 0 jQCT gni CCN� G1—'1 nim � C\ G1 N j b9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o e w) 0 0 0 cn kn O O In cn w) vi O 7 O I� �q M rV V' O M M 7 V M M V 7 0 0 0 0 0 0 0 o 0 0 0 0 (..i v'1 Ul O O V1 v1 V1 a0 v1 O 7 O O O O O h O O h ca \ cl cscCcocC ca N c3 03 c c rC � rn W Q W IS N Y F o 0 0 0 0 0 0 0 0 Uti Z a a o CL a a a o a a 0 0 W w w w w w w w w w 0 0 0 0 0 0 0 0 0 U U U U U U U c U U C C i i > > a, u w u 0 0 U o 0 0 0 U U U U U U U u U U 0 C7 0 0 0 0 0 0 0 0 0 0 0 y h o 0 0 C, o 0 0 0 0 0 0 0 Q Q N N N ^ N N N N N N N N Q N N N \ M N GIs N M Y G In 3cq cl c U cl V] y G N C z C Q C L T O cl CG 3 at d o •N o c �. - CAt 0 O v U *t o ea L a G N cl YO L co O C L O cCd > ° u . L s`ecd a a w c7 U O w A > rj. U w ¢ F C7 R. U w U • h M M M M M t V V 7 LU O O O O O O O O O O O O M� N 0000 CN � N N h Q C\ G, C1 O O 0 000 0 0 0 0 0 h r- ON CN In o kn0 N c7 \N ^. of A cd cG j z G C C c C C C C N a00 q 0 o C o 0 0 0 0 0 C, O o 0 0 0 0 0 0 0 kn V j rz o � O o o Q N I! A o 0 0 0 o o kn o o 0 0 0 0 0o kn kn o 0 V1 cn v) V oo V O O O O O \ O O O e� O ON M O OIr! A 4 44 C1 o ! y O O O O O O � .. O w � vi cn cn cn cn ti cn + +• 6Ri O Q Q O O z V v oj Q 0 0 U U U U U U U V C7 O N E" O O O O O O O O O Q Q N N N N N N N N N U Q o o i rn N N C\ 01 O ~ a L V L Ham''•, G7 `1 O E. c U cl `' �v y z E O M m F� x y cl Z _ o :° O o O ~ r4 .Y, O C = a0oice, Q. i �.. v > a > u • c c c L ° v cn Q cn i O O w v U Q cn V] ►'3 � ►•� U � cn (� U Lz, U Er v v v v n kn w) v n wCD ►� h ON O O_ O 0 0 0 014 � \ W" / ƒ Q \ § \ 3 C3 0 § G 2 $ � � � � / » � ►7 .w 0 * \ 7 a $ \ § 7 / tz 2 � � & g ) ® 0 k § a e 4 \ ] .{ u _ ( _ . . 14 � f § W W R \ •° z � § •E � ( 2 t § t ? / 0 § k cn o 0 \ \ v 7 u w \ 2 > § \ ® 4 \ ® - t n u t . - * / \ / v \ / / _ 015 City of Atascadero Investments by Type January 2002 • Gov't Cash with Securities Fiscal Certificates 8% Agent of Deposit 1% Other 16% 0% LA1F 75% Investment January 2002 LAIF $ 15,391,723 Certificates of Deposit 3,385,621 Government Securities 1,743,265 Corporate Paper - Cash with Fiscal Agent 143,575 Other 457 $ 20,664,641 • Page 8 of 11 016 City of Atascadero Investments by Maturity January 2002 • One Month Within One to One Year One to Month 6% Five Years 0% 19% i On Demand 75% Investment January 2002 On Demand $ 15,392,180 Within One Month 46,412 One Month to One Year 1,201,040 One to Five Years 3,881,434 $ 20,521,066 e Page 9 of 11 t�I '1 City of Atascadero Investments by Custodial Agent • January 2002 Riverway Gibraltar Securities Trust Bank of 14% 0% New Penson Financial Corp. York City of 10% 1% Atascadero 0% • State of California 75% Custodial Agent January 2002 State of California $ 15,391,723 Penson Financial Corp. 2,070,649 Gibraltar Securities 2,913,282 Riverway Trust 99,000 Bank of New York 143,575 City of Atascadero 46,412 $ 20,664,641 • Page 10 of 11 _ ��� City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Year Ended January 31, 2002 • 7.00% I 6.00% i 5.00% 4.00% a . j 3.00% 2.00% j 1.00% 0.00% I O^ O^ O^ o^ O^ O^ O^ o` O� o^ o^ ,yo ,yo 00 ,yo ,yo pyo pyo ,yo ,yo yo �o ,yo pyo cJac1 �`Jac1 ��`G�' PQ�� J�JS'` e� .01 G 0� `D Jac1 Q -o--City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield January 2001 6.34% 4.76% February 2001 6.17% 4.66% March 20001 6.03% 4.34% April 2001 5.85% 4.23% May 2001 5.47% 4.26% June 2001 5.14% 4.08% July 2001 4.83% 4.04% August 2001 4.74% 3.76% September 2001 4.54% 3.12% October 2001 4.08% 2.73% November 2001 3.91% 2.78% December 2001 3.66% 3.11% • January 2002 4.12% 3.03% Page 11 of 11 o i j ITEM NUMBER: A-3 DATE: 03/26/2002 iais ® isle Atascadero City Council Staff Report-Administrative Services Department FEBRUARY 2002 ACCOUNTS PAYABLE & PAYROLL RECOMMENDATION Approve certified City accounts payable,payroll and payroll vendor checks for February 2002. DISCUSSION Attached for City Council review and approval are the following: Payroll Dated 02/14/02 Checks# 12903 - 13048 $ 165,307.23 • Dated 02/28/02 Checks# 13049 - 13193 167,010.33 Accounts Payable Dated February 1-28, 2002 Checks # 82934 - 83345 &EFTs 592,640.11 TOTAL AMOUNT $ 924,957.67 FISCAL IMPACT Total expenditures for all funds'is $ 924,957.67 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Rachelle Rickard,Admi istrative Services Director Approved by the City Council at a meeting held March 26, 2002. • Marcia M.Torgerson, City Clerk ATTACHMENT: February 2002 Eden Warrant Register in the amount of $ 592,640.11 020 City of Atascadero Disbursement Listing For the Month of February 2002 Check Check Number Date Vendor Description Amoun 126 2/1/2002 MID-STATE BANK Accounts Payable Check 250.00 130 2/1/2002 MID-STATE BANK Accounts Payable Check 5,701.99 82934 2/1/2002 ATASCADERO FED.CREDIT UNION Payroll Vendor Payment 3,730.00 82935 2/1/2002 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 715.00 82936 2/1/2002 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 6,057.55 82937 2/1/2002 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 684.01 82938 2/1/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 261.69 82939 2/1/2002 HARTFORD LIFE INSURANCE Payroll Vendor Payment 5,819.54 82940 2/1/2002 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 500.00 82941 2/1/2002 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 59.07 82942 2/1/2002 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 17,621.34 82943 2/1/2002 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 506.53 82944 2/1/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 498.00 82945 2/1/2002 WASHINGTON MUTUAL BANK Payroll Vendor Payment 690.59 82946 2/1/2002 WASHINGTON MUTUAL BANK Payroll Vendor Payment 307.00 131 2/4/2002 MID-STATE BANK Accounts Payable Check 94.81 127 2/5/2002 MID-STATE BANK Payroll Vendor Payment 28,100 82947 2/7/2002 DEBORAH CINI Accounts Payable Check 400.00 82948 2/8/2002 ACE DOOR&TRIM Accounts Payable Check 150.00 82949 2/8/2002 ACTION TOWING Accounts Payable Check 25.00 82950 2/8/2002 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 566.75 82951 2/8/2002 MIKE ALOI Accounts Payable Check 100.00 82952 2/8/2002 ARAMARK UNIFORM SERVICES Accounts Payable Check 469.86 82953 2/8/2002 AT&T Accounts Payable Check 30.06 82954 2/8/2002 ATASCADERO BATTERY EXCHANGE Accounts Payable Check 31.04 82955 2/8/2002 ATASCADERO BOXING CLUB Accounts Payable Check 250.00 82956 2/8/2002 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 1,566.34 82957 2/8/2002 ATASCADERO COMMUNITY Accounts Payable Check 13,707.84 82958 2/8%2002 ATASCADERO MAIN STREET Accounts Payable Check 11,250.00 82959 2/8/2002 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 1,734.50 82960 2/8/2002 ATASCADERO NEWS Accounts Payable Check 1,728.15 82961 2/8/2002 ATASCADERO RUBBER STAMP CO Accounts Payable Check 70.57 82962 2/8/2002 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 1,8 023 City of Ataseadero Disbursement Listing For the Month of February 2002 Check Check AftKumber Date Vendor Description Amount 82963 2/8/2002 ATASCADERO YOUTH TASK FORCE Accounts Payable Check 2,151.76 82964 2/8/2002 AVAYA INC. Accounts Payable Check 22.41 82965 2/8/2002 BAY LAUREL GARDEN CENTER Accounts Payable Check 115.11 82966 2/8/2002 CATHERINE BEACH Accounts Payable Check 50.00 82967 2/8/2002 CINDY K.BENSON Accounts Payable Check 932.52 82968 2/8/2002 BEST BEST&KRIEGER LLP Accounts Payable Check 48.62 82969 2/8/2002 GREG BRAZZI Accounts Payable Check 120.00 82970 2/8/2002 BRENDLER JANITORIAL SERVICE Accounts Payable Check 500.00 82971 2/8/2002 BUILDING NEWS Accounts Payable Check 139.90 82972 2/8/2002 CINDY BURCH Accounts Payable Check 66.00 82973 2/8/2002 BURTON'S FIRE APPARATUS Accounts Payable Check 126.52 82974 2/8/2002 CA CHAPTER AMERICAN PLANNING Accounts Payable Check 90.00 82975 2/8/2002 CALIFORNIA CHAMBER OF COMMERCE Accounts Payable Check 45.68 82976 2/8/2002 CATAMARAN RESORT HOTEL Accounts Payable Check 528.00 82977 2/8/2002 CELLULARONE Accounts Payable Check 844.23 82978 2/8/2002 CENTRAL COAST SANITATION Accounts Payable Check 56.60 82979 2/8/2002 CHARLES SCOTT CHAPMAN Accounts Payable Check 84.00 . 82980 2/8/2002 CHEM CLEAN Accounts Payable Check 85.16 82981 2/8/2002 BRADY CHERRY Accounts Payable Check 497.80 82982 2/8/2002 CHEVRON Accounts Payable Check 145.31 82983 2/8/2002 CHICAGO GRADE LANDFILL,INC. Accounts Payable Check 30.00 82984 2/8/2002 CJP PRODUCTIONS Accounts Payable Check 3,079.00 82985 2/8/2002 CLUCAS ENTERPRISES Accounts Payable Check 50.00 82986 2/8/2002 COAST ELECTRONICS Accounts Payable Check 15.35 82987 2/8/2002 COASTLINE EQUIPMENT Accounts Payable Check 449.01 82988 2/8/2002 VINCE CONDE Accounts Payable Check 75.00 82989 2/8/2002 CONTINUING EDUCATION OFTHE BAR Accounts Payable Check 120.30 82990 2/8/2002 COSTUME&COMPANY Accounts Payable Check 48.26 82991 2/8/2002 COSTUME&COMPANY Accounts Payable Check 100.00 82992 2/8/2002 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 48.50 82993 2/8/2002 CRAWFORD MULTARI CLARK&MOHR Accounts Payable Check 16,139.11 82994 2/8/2002 CRYSTAL SPRINGS WATER Accounts Payable Check 47.00 82995 2/8/2002 CUESTA COLLEGE Accounts Payable Check 89.75 82996 2/8/2002 CWEA Accounts Payable Check 100.00 • 82997 2/8/2002 D&J CAMPING AND CLOTHING Accounts Payable Check 260.45 82998 2/8/2002 DAVID M FLEISHMAN Accounts Payable Check 800.00 022 City of Atascadero Disbursement Listing For the Month of February 2002 Check Check Number Date Vendor Description Amo 82999 2/8/2002 DECOU LUMBER COMPANY Accounts Payable Check 37 2 83000 2/8/2002 FERRELL'S AUTO REPAIR Accounts Payable Check 174.75 83001 2/8/2002 FGL ENVIRONMENTAL Accounts Payable Check 331.60 83002 2/8/2002 FIRE OUT UNIFORM COMPANY Accounts Payable Check 291.26 83003 2/8/2002 FOOD FOR LESS Accounts Payable Check 116.05 83004 2/8/2002 FOX&SOHAGI,LLP Accounts Payable Check 5,511.45 83005 2/8/2002 WARREN FRACE Accounts Payable Check 300.00 83006 2/8/2002 DEBBIE FRENCH Accounts Payable Check 252.00 83007 2/8/2002 GALL'S INC. Accounts Payable Check 995.04 83008 2/8/2002 KAREN GARMAN Accounts Payable Check 542.73 83009 2/8/2002 GAS COMPANY Accounts Payable Check 839.44 83010 2/8/2002 GATEWAY COMPANIES,INC. Accounts Payable Check 1,926.21 83011 2/8/2002 GEM AUTO PARTS Accounts Payable Check 471.57 83012 2/8/2002 GENERAL SERVICES ADMINISTATION Accounts Payable Check 111.14 83013 2/8/2002 MATTHEW A.GIANAS Accounts Payable Check 105.00 83014 2/8/2002 GIBBS INTERNATIONAL TRUCKS Accounts Payable Check 54.83 83015 2/8/2002 MIKE GIL Accounts Payable Check 205 0 83016 2/8/2002 GILBERT'S LANDSCAPES Accounts Payable Check 4,2 83017 2/8/2002 KENNETH GLYNN Accounts Payable Check 252.00 83018 2/8/2002 GOLDEN STATE SYSTEMS Accounts Payable Check 10.00 83022 2/8/2002 GST CALL AMERICA Accounts Payable Check 674.92 83023 2/8/2002 H&R BLOCK Accounts Payable Check 15.00 83024 2/8/2002 H.D.PETERSON Accounts Payable Check 471.39 83025 2/8/2002 HANSON AGGREGATES MID-PACIFIC Accounts Payable Check 724.38 83026 2/8/2002 BARRY HARDY Accounts Payable Check 190.00 83027 2/8/2002 HART IMPRESSIONS PRINT© Accounts Payable Check 191.84 83028 2/8/2002 HENRY SCHEIN,INC. Accounts Payable Check 96.66 83029 2/8/2002 REGIONALD HICKS Accounts Payable Check 100.00 83031 2/8/2002 HOME DEPOT Accounts Payable Check 2,223.45 83032 2/8/2002 IMARK COMMUNICATIONS,INC Accounts Payable Check 810.00 83033 2/8/2002 INFOPET IDENTIFICATION SYSTEMS Accounts Payable Check 224.90 83034 2/8/2002 INFORMATION SERVICES DIVISION Accounts Payable Check 640.96 83035 2/8/2002 INGLIS PET HOTEL Accounts Payable Check 437.26 83036 2/8/2002 INNOVATION GROUPS Accounts Payable Check 1,500.00 83037 2/8/2002 JENCKS LAW GROUP Accounts Payable Check 90 023 City of Atascadero Disbursement Listing For the Month of February 2002 Check Check umber Date Vendor Description Amount 83038 2/8/2002 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 532.03 83039 2/8/2002 JOBS AVAILABLE,INC. Accounts Payable Check 149.04 83040 2/8/2002 STEVEN KAHN Accounts Payable Check 420.00 83041 2/8/2002 LESLYN KEITH Accounts Payable Check 77.00 83042 2/8/2002 NICHOLAS KENNEDY Accounts Payable Check 305.00 83043 2/8/2002 BRIAN KENNEDY Accounts Payable Check 75.00 83044 2/8/2002 JAMIE KIRK Accounts Payable Check 103.96 83045 2/8/2002 LAUTZENHISER'S STATIONARY Accounts Payable Check 183.42 83046 2/8/2002 VOID Accounts Payable Check 0.00 83047 2/8/2002 LOCAL GOVERNMENT COMMISSION Accounts Payable Check 238.88 83048 2/8/2002 RUDY LORTON Accounts Payable Check 145.00 83049 2/8/2002 LYNDON'S AUTOMOTIVE Accounts Payable Check 407.80 83050 2/8/2002 MAINLINE Accounts Payable Check 737.50 83051 2/8/2002 MANAGED HEALTH NETWORK,INC. Accounts Payable Check 161.70 83052 2/8/2002 MARK MARKWORT Accounts Payable Check 108.26 83053 2/8/2002 MAX CARE PHARMACY Accounts Payable Check 15.00 83054 2/8/2002 BECKY MAXWELL Accounts Payable Check 37.54 83055 2/8/2002 WADE MCKINNEY Accounts Payable Check 590.00 83056 2/8/2002 MICHAEL FREDERICK PAVING,INC. Accounts Payable Check 3,200.00 83057 2/8/2002 MID-COAST MOWER&SAW Accounts Payable Check 104.43 83058 2/8/2002 MID-STATE CONCRETE PRODUCTS Accounts Payable Check 418.81 83059 2/8/2002 MONTE MILLS Accounts Payable Check 200.00 83060 2/8/2002 MISSION UNIFORM SERVICE Accounts Payable Check 111.18 83061 2/8/2002 MOBIL OIL CREDIT CORP Accounts Payable Check 628.50 83062 2/8/2002 JOSEPH MULLINS Accounts Payable Check 33.00 83063 2/8/2002 MYERS-STEVENS AND CO.,INC. Accounts Payable Check 57.25 83064 2/8/2002 NEWCO DISTRIBUTORS,INC. Accounts Payable Check 429.98 83065 2/8/2002 NORTH COUNTY CHRISTIAN SCHOOL Accounts Payable Check 250.00 83066 2/8/2002 VOID Accounts Payable Check 0.00 83067 2/8/2002 NORTHWEST BUSINESS STAMP Accounts Payable Check 371.50 83068 2/8/2002 OFFICEMAX CREDIT PLAN Accounts Payable Check 790.64 83069 2/8/2002 OUTLET TOOL SUPPLY Accounts Payable Check 518.13 83083 2/8/2002 PACIFIC BELL Accounts Payable Check 4,944.12 83084 2/8/2002 PACIFIC HOME DO IT CENTER Accounts Payable Check 91.51 • 83085 2/8/2002 PANASONIC COMMUNICATIONS Accounts Payable Check 944.55 83086 2/8/2002 PASO ROBLES TRUCK CENTER Accounts Payable Check 5,105.68 U24 City of Atascadero Disbursement Listing For the Month of February 2002 Check Check Number Date Vendor Description AmounIft 83087 2/8/2002 BRAD PAYTON Accounts Payable Check 83088 2/8/2002 PENNY MEN Accounts Payable Check Y 123.37 83089 2/8/2002 FIRE DEPARTMENT PETTY CASH Accounts Payable Check 86.17 83090 2/8/2002 PLACER COUNTY OFF OF EDUCATION Accounts Payable Check 35.00 83091 2/8/2002 BAS PRINS Accounts Payable Check 50.00 83092 2/8/2002 PRO MOTION Accounts Payable Check 988.68 83093 2/8/2002 GRACE L.PUCCI Accounts Payable Check 787.50 83094 2/8/2002 QUILL CORPORATION Accounts Payable Check 1,263.39 83095 2/8/2002 QUINLAN PUBLISHING GROUP Accounts Payable Check 89.00 83096 2/8/2002 RADIO SHACK Accounts Payable Check 59.57 83097 2/8/2002 RAINBOW MEALWORMS,INC. Accounts Payable Check 57.28 83098 2/8/2002 REGENTS OF THE UNIVERSITY OF Accounts Payable Check 240.00 83099 2/8/2002 RELIABLE PROTEIN PRODUCTS Accounts Payable Check 920.82 83100 2/8/2002 REVENUE&COST SPECIALISTS LLC Accounts Payable Check 5,200.00 83101 2/8/2002 RACHELLE RICKARD Accounts Payable Check 300.00 83102 2/8/2002 RXLASER Accounts Payable Check 608.52 83103 2/8/2002 SAN JOAQUIN SUPPLY COMPANY Accounts Payable Check 390.38 83104 2/8/2002 SANTA MARIA TIRE,INC. Accounts Payable Check 1 14 83105 2/8/2002 LISETTE SCHOLL Accounts Payable Check 224.00 83106 2/8/2002 KEVIN SEIFERT Accounts Payable Check 27.50 83107 2/8/2002 SIR SPEEDY Accounts Payable Check 6.21 83108 2/8/2002 SLO COUNTY EMS AGENCY,INC Accounts Payable Check 60.00 83109 2/8/2002 SLO COUNTY FIRE DEPARTMENT Accounts Payable Check 100.00 83110 2/8/2002 CHRIS SMITH Accounts Payable Check 20.00 8311 F 2/8/2002 SAFETY EQUIPMENT SOLON FIRE CONTROL FIRE& Accounts Payable Check 450.29 83112 2/8/2002 SPECTRUM COLOR IMAGES Accounts Payable Check 484.56 83113 2/8/2002 STAPLES INC. Accounts Payable Check 1,896.08 83114 2/8/2002 STATE WATER RESOURCES CONTROL Accounts Payable Check 400.00 83115 2/8/2002 STERLING COMMUNICATIONS Accounts Payable Check 681.34 83116 2/8/2002 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 24.54 83117 2/8/2002 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 197.50 83118 2/8/2002 T.A.P.S.TRUCK ACCESSORY OUTLT Accounts Payable Check 100.00 83119 2/8/2002 T.Y.CUSTOM DESIGN Accounts Payable Check 441.86 83120 2/8/2002 TEMPLETON FEED&GRAIN Accounts Payable Check 90.10 83121 2/8/2002 TEMPLETON UNIFORMS Accounts Payable Check 30(o 025 City of Atascadero Disbursement Listing For the Month of February 2002 Check Check Aftumb Date Vendor Description Amount 83122 2/8/2002 TOM FLYNN&SONS Accounts Payable Check 337.50 83123 2/8/2002 KIM TREECE Accounts Payable Check 58.24 83124 2/8/2002 TRIBUNE Accounts Payable Check 270.75 83125 2/8/2002 VOID Accounts Payable Check 0.00 83126 2/8/2002 U.C.REGENTS,EXTENDED STUDIES Accounts Payable Check 595.00 83127 2/8/2002 USA BLUE BOOK Accounts Payable Check 510.35 83128 2/8/2002 TOM VELASQUEZ Accounts Payable Check 30.00 83129 2/8/2002 VERIZON WIRELESS Accounts Payable Check 39.35 83130 2/8/2002 VIKING OFFICE PRODUCTS Accounts Payable Check 333.97 83131 2/8/2002 VONS Accounts Payable Check 9.68 83132 2/8/2002 TOM W.WALSH Accounts Payable Check 24.00 83133 2/8/2002 WAYCO-NORTH COUNTY FIRE PROT Accounts Payable Check 331.50 83134 2/8/2002 WESTERN JANITOR SUPPLY Accounts Payable Check 246.00 83135 2/8/2002 WOODWARD ACOUSTICS,INC. Accounts Payable Check 710.00 83136 2/8/2002 ZUMAR INDUSTRIES,INC. Accounts Payable Check 1,351.65 83137 2/13/2002 BILLOW'S CUSTOM EMBROIDERY Accounts Payable Check 343.20 • 83138 2/13/2002 EDEN SYSTEMS,INC. Accounts Payable Check 13 574.53 83139 2/13/2002 HOBBY SHOP Accounts Payable Check 525.00 83140 2/13/2002 MASTERCARD DEPARTMENT 1850 Accounts Payable Check 966.16 83141 2/13/2002 PADGETT THOMPSON Accounts Payable Check 84.00 83142 2/13/2002 SOUZA CONSTRUCTION INC. Accounts Payable Check 25 000.00 83143 2/13/2002 DIANNE TUTTLE Accounts Payable Check 70.00 83144 2/15/2002 ATASCADERO FED.CREDIT UNION Payroll Vendor Payment 4,930.00 83145 2/15/2002 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 225.00 83146 2/15/2002 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 83147 2/15/2002 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 354.75 83148 2/15/2002 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 895.00 83149 2/15/2002 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 6,408.14 83150 2/15/2002 EMPLOYMENT DEV.DEPARTMENT Accounts Payable Check 2,762.11 83151 2/15/2002 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 689.20 83152 2/15/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 261.69 83153 2/15/2002 HARTFORD LIFE INSURANCE Payroll Vendor Payment 5,819.54 83154 2/15/2002 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 500.00 is 83155 2/15/2002 KENNEDY CLUB FITNESS Payroll Vendor Payment 58.50 83156 2/15/2002 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 59.07 026 City of Ataseadero Disbursement Listing For the Month of February 2002 Ili Check Check Number Date Vendor Description Amounift 83157 2/15/2002 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 17,85W 83158 2/15/2002 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 495.45 83159 2/15/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 498.00 83160 2/15/2002 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 38.00 83161 2/15/2002 WASHINGTON MUTUAL BANK Payroll Vendor Payment 825.42 83162 2/15/2002 WASHINGTON MUTUAL BANK Payroll Vendor Payment 307.00 83163 2/15/2002 CANADA LIFE ASSURANCE CO Payroll Vendor Payment 740.46 83164 2/15/2002 COLONIAL LIFE&ACCIDENT INS. Payroll Vendor Payment 2,007.29 83165 2/15/2002 CPIC LIFE Payroll Vendor Payment 1,472.70 83166 2/15/2002 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 5,802.50 83167 2/15/2002 EQUITABLE LIFE Payroll Vendor Payment 348.88 83168 2/15/2002 LIFEGUARD INC. Payroll Vendor Payment 40,115.63 132 2/19/2002 MID-STATE BANK Payroll Vendor Payment 29,092.79 133 2/20/2002 BANK OF NEW YORK Accounts Payable Check 38 158.79 83169 2/22/2002 ALBERTSONS Accounts Payable Check 139.12 83170 2/22/2002 MIKE ALOI Accounts Payable Check 10 83171 2/22/2002 AMERICAN INDUSTRIAL SUPPLY Accounts Payable Check 23 0 83172 2/22/2002 ANDERSON'S AUTO SERVICES Accounts Payable Check 60.00 83173 2/22/2002 ANTECH DIAGNOSTICS Accounts Payable Check 335.00 83174 2/22/2002 PAULA ANTON Accounts Payable Check 600.00 83175 2/22/2002 ARAMARK UNIFORM SERVICES Accounts Payable Check 123.18 83176 2/22/2002 ARCH Accounts Payable Check 129.40 83177 2/22/2002 ARMOR HOLDINGS FORENSICS,INC Accounts Payable Check 75.55 83178 2/22/2002 AT&T Accounts Payable Check 23.42 83179 2/22/2002 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 50.00 83180 2/22/2002 ATASCADERO FORD Accounts Payable Check 721.56 83181 2/22/2002 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 10.00 83182 2/22/2002 ATASCADERO NEWS Accounts Payable Check 270.80 83183 2/22/2002 ATASCADERO RUBBER STAMP CO Accounts Payable Check 91.80 83184 2/22/2002 BEE INTERNATIONAL Accounts Payable Check 144.09 83185 2/22/2002 BILL GAINES AUDIO Accounts Payable Check 400.00 83186 2/22/2002 REV CARL BILLINGS Accounts Payable Check 542.86 83187 2/22/2002 GREG BRAZZI Accounts Payable Check 80.00 83188 2/22/2002 JEFF BRAZZI Accounts Payable Check U-7 City of Atascadero Disbursement Listing For the Month of February 2002 Check Check AdIhJumher Date Vendor Description Amount 83189 2/22/2002 BRENDLER JANITORIAL SERVICE Accounts Payable Check 500.00 83190 2/22/2002 CAL WEST TRUCK PARTS&SALES Accounts Payable Check 65.00 83191 2/22/2002 CAL-COAST REFRIGERATION,INC Accounts Payable Check 14 315.78 83192 2/22/2002 CALIFORNIA CODE CHECK Accounts Payable Check 475.00 83193 2/22/2002 CALIFORNIA MUNICIPAL Accounts Payable Check 120.00 83194 2/22/2002 CALIFORNIA MUNIIPAL BUSINESS Accounts Payable Check 50.00 83195 2/22/2002 CAMP ROBERTS,CA NATIONAL GUARD Accounts Payable Check 204.00 83196 2/22/2002 CANNON ASSOCIATES Accounts Payable Check 1,538.77 83197 2/22/2002 CENTRAL COAST ORTHOPEDICS Accounts Payable Check 2,444.50 83198 2/22/2002 CENTRAL COAST SEA FOOD Accounts Payable Check 297.00 83199 2/22/2002 CFCA-EMS SECTION Accounts Payable Check 150.00 83200 2/22/2002 CHEM CLEAN Accounts Payable Check 34.05 83201 2/22/2002 CHEM SERVE Accounts Payable Check 106.16 83202 2/22/2002 CHEVRON Accounts Payable Check 247.40 83203 2/22/2002 CHEVRON Accounts Payable Check 698.31 83204 2/22/2002 CHIEF SUPPLY,INC. Accounts Payable Check 26.51 83205 2/22/2002 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 35.00 • 83206 2/22/2002 COASTAL IMAGING SUPPLIES Accounts Payable Check 343.47 83207 2/22/2002 VINCE CONDE Accounts Payable Check 75.00 83208 2/22/2002 COOPERATIVE PERSONNEL SERVICES Accounts Payable Check 227.50 83209 2/22/2002 CIMON CORMIER Accounts Payable Check 30.00 83210 2/22/2002 CREDIT BUREAU Accounts Payable Check 48.00 83211 2/22/2002 CRIMINAL JUSTICE ADMIN ASSC Accounts Payable Check 35.00 83212 2/22/2002 CRYSTAL SPRINGS WATER Accounts Payable Check 147.00 83213 2/22/2002 D.A.R.E.AMERICA MERCHANDISE Accounts Payable Check 130.47 83214 2/22/2002 DARRYL'S LOCK AND SAFE Accounts Payable Check 228.05 83215 2/22/2002 DCG SUPPLY,INC. Accounts Payable Check 745.03 83216 2/22/2002 DECOU LUMBER COMPANY Accounts Payable Check 134.16 83217 2/22/2002 DEPARTMENT OF JUSTICE Accounts Payable Check 1,637.00 83218 2/22/2002 ROBERT ECKROTE Accounts Payable Check 64.32 83219 2/22/2002 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 733.50 83220 2/22/2002 EL CAMINO CAR WASH LLC Accounts Payable Check 66.50 83221 2/22/2002 EL CAMINO VETERINARY HOSP Accounts Payable Check 222.00 83222 2/22/2002 FERRELL'S AUTO REPAIR Accounts Payable Check 78.00 • 83223 2/22/2002 ROBERTA FONZI Accounts Payable Check 246.01 83224 2/22/2002 FOOD FOR LESS Accounts Payable Check 185.15 028 City of Ataseadero Disbursement Listing For the Month of February 2002 Check Check Number Date Vendor Description Amo —U* 83225 2/22/2002 VOID Accounts Payable Check 83226 2/22/2002 FRAZEE PAINTS Accounts Payable Check 216.95 83227 2/22/2002 GAS COMPANY Accounts Payable Check 1,916.26 83228 2/22/2002 GEM AUTO PARTS Accounts Payable Check 376.94 83229 2/22/2002 GENERAL HOSPITAL Accounts Payable Check 62.00 83230 2/22/2002 GOLDEN STATE RAIN GUTTERS Accounts Payable Check 75.00 83231 2/22/2002 GRISANTI HARDWARE Accounts Payable Check 12.11 83235 2/22/2002 GST CALL AMERICA Accounts Payable Check 861.26 83236 2/22/2002 H.D.PETERSON Accounts Payable Check 68.13 83237 2/22/2002 HALLETT'S BACKHOE SERVICE,INC Accounts Payable Check 4,831.43 83238 2/22/2002 ROY HANLEY Accounts Payable Check 1,500.00 83239 2/22/2002 HARMONY MACHINE&WELDING Accounts Payable Check 32.50 83240 2/22/2002 HASTY AWARDS Accounts Payable Check 1,239.51 83241 2/22/2002 REGIONALD HICKS Accounts Payable Check 75.00 83242 2/22/2002 HOBBY SHOP Accounts Payable Check 150.00 83243 2/22/2002 HYATT REGENCY SAN DIEGO Accounts Payable Check 881.82 83244 2/22/2002 INFORMATION SERVICES DIVISION Accounts Payable Check 4,392 . 2 83245 2/22/2002 EVELYN INGRAM Accounts Payable Check 61 83246 2/22/2002 CLARK IVERSON Accounts Payable Check 5,079.00 83247 2/22/2002 JOHN JANSONS Accounts Payable Check 110.00 83248 2/22/2002 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 453.78 83249 2/22/2002 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 140.52 83250 2/22/2002 K-MART Accounts Payable Check 6.36 83251 2/22/2002 KEN'S MOBIL SERVICE Accounts Payable Check 758.19 83252 2/22/2002 BRIAN KENNEDY Accounts Payable Check 195.00 83253 2/22/2002 KNORR SYSTEMS,INC Accounts Payable Check 530.00 83254 2/22/2002 KATE KREMKE Accounts Payable Check 133.00 83255 2/22/2002 LEE WAYNE CORPORATION Accounts Payable Check 58.73 83256 2/22/2002 LYNDON'S AUTOMOTIVE Accounts Payable Check 1,345.68 83257 2/22/2002 MASTERCARD DEPARTMENT 4093 Accounts Payable Check 50.00 83258 2/22/2002 MASTERCARD DEPARTMENT 4101 Accounts Payable Check 96.12 83259 2/22/2002 MASTERCARD DEPARTMENT 4135 Accounts Payable Check 1,264.06 83260 2/22/2002 MASTERCARD DEPARTMENT 4150 Accounts Payable Check 357.73 83261 2/22/2002 MASTERCARD DEPARTMENT 4168 Accounts Payable Check 154.15 83262 2/22/2002 MASTERCARD DEPARTMENT 6082 Accounts Payable Check 310 029 City of Ataseadero Disbursement Listing For the Month of February 2002 Check Check Alftumh Date Vendor Description Amount 83263 2/22/2002 MASTERCARD DEPARTMENT 6090 Accounts Payable Check 2,772.82 83264 2/22/2002 MASTERCARD DEPARTMENT 6108 Accounts Payable Check 241.77 83265 2/22/2002 MASTERCARD DEPARTMENT 9902 Accounts Payable Check 899.90 83266 2/22/2002 MAX CARE PHARMACY Accounts Payable Check 15.00 83267 2/22/2002 BECKY MAXWELL Accounts Payable Check 35.37 83268 2/22/2002 MARY MCCULLOCH Accounts Payable Check 25.46 83269 2/22/2002 WENDY MCKENNA Accounts Payable Check 45.00 83270 2/22/2002 WADE MCKINNEY Accounts Payable Check 110.00 83271 2/22/2002 MONTE MILLS Accounts Payable Check 600.00 83272 2/22/2002 MISSION UNIFORM SERVICE Accounts Payable Check 136.49 83273 2/22/2002 THOMAS MORLAN Accounts Payable Check 25.00 83274 2/22/2002 MOSS,LEVY,&HARTZHEIM Accounts Payable Check 525.00 83275 2/22/2002 NATIONAL ASSC OF SCHOOL Accounts Payable Check 30.00 83276 2/22/2002 NCI AFFILIATES,INC Accounts Payable Check 17.50 83277 2/22/2002 NEWCO DISTRIBUTORS,INC. Accounts Payable Check 147.56 83278 2/22/2002 NORTH COUNTY GLASS Accounts Payable Check 2.19 83279 2/22/2002 NORTH COUNTY WOMENS SHELTER Accounts Payable Check 4,430.00 . 83280 2/22/2002 NORTHERN ENERGY Accounts Payable Check 6.73 83281 2/22/2002 TOM O'MALLEY Accounts Payable Check 282.01 83282 2/22/2002 OUR DESIGNS,INC. Accounts Payable Check 40.45 83283 2/22/2002 P.C.J.L.,INC. Accounts Payable Check 40.00 83284 2/22/2002 PACIFIC BELL Accounts Payable Check 1,011.15 83286 2/22/2002 PACIFIC GAS AND ELECTRIC Accounts Payable Check 26,621.83 83287 2/22/2002 PACIFIC HOME DO IT CENTER Accounts Payable Check 126.81 83288 2/22/2002 PACIFIC LIFESTYLES PUBLICATION Accounts Payable Check 490.00 83289 2/22/2002 JUSTINA M.PARISH Accounts Payable Check 5.00 83290 2/22/2002 PASO ROBLES SUPERIOR COURT Accounts Payable Check 270.00 83291 2/22/2002 PERRY'S PARCEL SERVICE Accounts Payable Check 276.65 83292 2/22/2002 FINANCE DEPARTMENT PETTY CASH Accounts Payable Check 390.06 83293 2/22/2002 POOR RICHARD'S PRESS Accounts Payable Check 2027 83294 2/22/2002 BAS PRINS Accounts Payable Check 50.00 83295 2/22/2002 PRO MOTION Accounts Payable Check 40.13 83296 2/22/2002 PUBLIC SECTOR EXCELLENCE Accounts Payable Check 145.00 83297 2/22/2002 QUILL CORPORATION Accounts Payable Check 763.00 • 83298 2/22/2002 RADIO SHACK Accounts Payable Check 50.83 83299 2/22/2002 RADIOLOGY ASSOCIATES OF SLO Accounts Payable Check 41.00 030 City of Ataseadero Disbursement Listing For the Month of February 2002 Check Check Number Date Vendor Description AmnAft 83300 2/22/2002 RECOGNITION WORKS Accounts Payable Check 16 9 83301 2/22/2002 RHINO DESIGN Accounts Payable Check 91.38 83302 2/22/2002 STEVE ROMO Accounts Payable Check 90.00 83303 2/22/2002 SAN JOAQUIN SUPPLY COMPANY Accounts Payable Check 264.71 83304 2/22/2002 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 8,510.00 83305 2/22/2002 SANTA MARIA TIRE,INC. Accounts Payable Check 43.85 83306 2/22/2002 SETINA MFG CO.,INC. Accounts Payable Check 253.46 83307 2/22/2002 SIERRA VISTA REGIONAL MEDICAL Accounts Payable Check 751.00 83308 2/22/2002 SIR SPEEDY Accounts Payable Check 102.53 83309 2/22/2002 CHRIS SMITH Accounts Payable Check 40.00 83310 2/22/2002 SOLUTIONS 4 SURE.COM,INC. Accounts Payable Check 35.88 83311 2/22/2002 STAPLES INC. Accounts Payable Check 1,521.97 83312 2/22/2002 SUNLIGHT JANITORIAL Accounts Payable Check 1,540.00 83313 2/22/2002 WILLIAM SWIFT Accounts Payable Check 203.25 83314 2/22/2002 TEMPLETON FEED&GRAIN Accounts Payable Check 226.87 83315 2/22/2002 THYSSENKRUPP ELEVATOR Accounts Payable Check 210.06 83316 2/22/2002 TRADING FACES Accounts Payable Check 341 0 83317 2/22/2002 TREADWAY GRAPHICS Accounts Payable Check 83318 2/22/2002 UNITED PARCEL SERVICE Accounts Payable Check 8.95 83319 2/22/2002 TOM VELASQUEZ Accounts Payable Check 80.00 83320 2/22/2002 VERIZON WIRELESS Accounts Payable Check 62.64 83321 2/22/2002 VIKING OFFICE PRODUCTS Accounts Payable Check 9.82 83322 2/22/2002 VONS Accounts Payable Check 48.81 83323 2/22/2002 VOID Accounts Payable Check 0.00 83324 2/22/2002 NANCY E.WEBBER,PH.D. Accounts Payable Check 798.00 83325 2/22/2002 KELLY WELSH Accounts Payable Check 192.86 83326 2/22/2002 WILLIAMS HOUSE OF CARPETS,INC Accounts Payable Check 4,700.00 134 2/25/2002 BANK OF NEW YORK Accounts Payable Check 11,919.67 83327 2/25/2002 KINKO'S Accounts Payable Check 2,298.00 83346 2/26/2002 CARMEL VALLEY LODGE Accounts Payable Check 1,771.08 83347 2/26/2002 LEAGUE OF CALIFORNIA CITIES Accounts Payable Check 7,818.00 83348 2/26/2002 U.S.POSTMASTER Accounts Payable Check 1,403.16 83349 2/26/2002 VERIZON WIRELESS Accounts Payable Check 100.15 83350 2/26/2002 CAROLYN WATSON Accounts Payable Check 03 City of Atascadero Disbursement Listing For the Month of February 2002 Check Check Alliftwilmher Date Vendor Description Amount MW 83328 2/28/2002 ATASCADERO FED.CREDIT UNION Payroll Vendor Payment 4,880.00 83329 2/28/2002 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 225.00 83330 2/28/2002 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 83331 2/28/2002 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 354.75 83332 2/28/2002 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 895.00 83333 2/28/2002 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 6,667.21 83334 2/28/2002 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 683.66 83335 2/28/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 261.69 83336 2/28/2002 HARTFORD LIFE INSURANCE Payroll Vendor Payment 5,719.54 83337 2/28/2002 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 500.00 83338 2/28/2002 KENNEDY CLUB FITNESS Payroll Vendor Payment 58.50 83339 2/28/2002 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 59.07 83340 2/28/2002 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 17 847.80 83341 2/28/2002 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 477.61 83342 2/28/2002 FAMILY SUPPORT DIVISION Payroll Vendor Payment 498.00 83343 2/28/2002 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 38.00 83344 2/28/2002 WASHINGTON MUTUAL BANK Payroll Vendor Payment 840.49 • 83345 2/28/2002 WASHINGTON MUTUAL BANK Payroll Vendor Payment 307.00 $ 592,640.11 • �3 �: ITEM NUMBER: A-4 DATE: 03/26/2002 it�ea ei 1918 C ® 5 9 Atascadero City Council Staff Report—Public Works Department Chico Avenue and Traffic Way Storm Drain Projects RECOMMENDATION: Council: 1) Approve Change Order#2 for $16,818.18 with Souza Construction for the Chico Avenue Storm Drain Project 2) Authorize the Director of Administrative Services to appropriate $18,000 from the Drainage Impact Fee Fund for this project 3) Accept Souza Construction, Inc.'s work as complete. 4) Authorize the City Manager to sign and file the Notice of Completion for both projects. DISCUSSION: On January 9, 2001, Council authorized the execution of a contract with Souza Construction, Inc. in the amount of $244,391 to construct both the Chico Avenue Storm Drain Project and the Traffic Way Storm Drain Projects. The contract consisted of the construction of two storm drain projects. Construction of the Traffic Way Storm Drain improved drainage on San Jacinto Road, Traffic Way and under the railroad at Buena Avenue. Construction of the Chico Avenue Storm Drain has made it possible to carry a large tributary area of storm water under the railroad tracks to the Salinas River. This eliminated the adverse condition at Traffic Way and Chico Avenue where a large puddle had historically formed during the rainy season. Council approved contract Change Order No.1, in the amount of$91, 289.22, on September 11, 2001. An additional Change Order for $16,818.18 was necessary in order to complete the project. This change order is for the work listed in the attached memo. These changes bring the total contract price to $352,498.40. The City Engineer has reviewed the completed improvements by Souza Construction, Inc. and • has found them to be in substantial conformance with the project plans and specifications. X33 ITEM NUMBER: A-4 DATE: 03/26/2002 FISCAL IMPACT: Estimated Total Project Costs are as follows • PROJECT FUNDING Drainage Impact Fees $ 181,000.00 Chico SD - State Transportation Improvement Program STIP) $ 81,000.00 Traffic Way SD - State Trans ortation Improvement Program (STIP) $ 155,000.00 Total Construction Funding $417 000.00 PROJECT EXPENDITURES Plans, Specifications and Estimates (PSE) $ 27,538.50 Right of Way $ 3,000.00 Construction $ 352,498.40 Contract Administration, Construction Engineering and Inspection $30,506.92 Total Construction Expenditures $ 411,543.82 ATTACHMENTS: Notice of Completion Change Order • - 034 RECORDING REQUESTED BY: (and when recorded, mail to:) City Clerk • CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 NOTICE OF COMPLETION NO TRANSFER OF PROPERTY Notice is hereby given pursuant to Civil Code Section 3093: 1. The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue,Atascadero, CA 93422 4. The nature of the interest of the owner is in fee. 5. A work of improvement on the property hereinafter described was completed on , 2001. 6. The work done was the Traffic Way and Chico Avenue Storm Drain Projects. 7. The name of the contractor who performed such work of improvement was Souza Construction, Inc. . Dated: By: Wade G. McKinney, City Manager City of Atascadero VERIFICATION I, the undersigned, say that I am the City Manager, declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at the City of Atascadero, California. By: Wade G. McKinney, City Manager City of Atascadero • C:\DOCUME-1\skahn\LOCALS-1\Temp\02-03-26 Notice of Completion.doc _ 035 CHANGE ORDER 0 No. 2 Project: Traffic Way Storm Drain Date of Issuance: March 4, 2002 Contractor: Souza Construction, Inc. You are directed to make the following changes in the Contract Documents. Description: Change in Project work Purpose of Change Order: Change in Project cost Attachments: Memo listing change items Change in Contract Price: Original Contract Price 0 $ 244,391.00 Previous Change Orders $ 91,289.22 Net Increase of this change order Contract Price with all Approved Change Orders $ 16,818.18 $ 352,498.40 Recommended: Approved: Approved: by Steven B. Kahn Wade G. McKinney Contractor Dir. of Public Works City Manager • 036 M. �'�� CITY OF ATASCADERO 1918 1, 1, 1978 PUBLIC WORKS DEPARTMENT 6500 PALMA AVENUE, ATASCADERO, CA 93422 Telephone(805)461-5020*Fax(805)461-7615 Date: March 4, 2001 To: Wade G. McKinney, City Manager From: Steven B. Kahn, Director of Public Works Subject: Traffic Way Storm Drain Change Order Listed below are the items that have changed on the above listed project: • Increased length of pipe $2,203.05 • Install 45 degree junction structure $2,091.43 • Additional depth of drainage system to avoid utility conflicts $7,385.97 • Additional junction structure $2,073.97 • • Remove and reinstall fence $520.48 • In stall rip rap at pipe outlet $2,543.28 Total extra services $16.818.18 • ITEM NUMBER: A-5 DATE: 03/26/2002 iaia,1 a 1-97-9 cm_ Atascadero City Council Staff Report - Public Works Department Final Parcel Map 2001-0017 (AT 01-060) 2000 Ferrocarrill Road (TPM 2001-0018) (Kelly Gearhart) RECOMMENDATION: Council: 1. Accept Final Parcel Map 2001-0017 (AT 01-060); and, 2. Reject the offers of dedication emergency access, public access, and public utility easements shown on Final Parcel Map 2001-0017. • DISCUSSION: Tentative Parcel Map 2001-0018/ AT 01-060 was approved by the Planning Commission on October 16, 2001. The subdivision approved the division of one Residential Suburban Lot, totaling 6.33 acres, into two parcels 2.82 (gross) and 3.51 acres (gross) each. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. A dedication for emergency access, public access, and public utility easements are being offered on Final Map 2001-0017 to fulfill a Condition of Approval issued by Planning and the City Engineer. The City Engineer recommends the City Council reject the dedications. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Tentative Parcel Map 2001-0017 (AT 01-060) • �3J ITEM NUMBER: A-5 DATE: 03/26/2002 • Exhibit A Final Parcel Map 2001-0017(AT 01-060) 2000 Ferrocarrill Road Kelly Gearhart i V41 N • �� , { i I II � r' _.... i 0 �...,f it a .... 9 v SABION ROAD , �+ k e i m h� 4? 3 § ITEM NUMBER: A-6 DATE: 03/26/2002 iris l ^ e Atascadero City Council Staff Report - Public Works Department Trench Cut Ordinance RECOMMENDATION: City Council: Introduce for second reading by title only and adopt the draft Ordinance amending Title 7, Public Works, Chapter 15, Encroachments on Public Property, of the Atascadero Municipal Code by adding Article 15,Trench Cuts. DISCUSSION: • On March 12, 2002, the City Council conducted a public hearing to consider amending the Title 7, Public Works, Chapter 15, Encroachments on Public Property, of the Atascadero Municipal Code. The proposed changes would add Article 15, Trench Cuts, to the Atascadero Municipal Code. There were no changes made by the City Council to the Ordinance during its first reading and it is ready for final adoption as attached. FISCAL IMPACT: The cost of the administration of the Trench Cut Program and the inspection of the trench cut will be reimbursed to the City by the agency, utility, company, developer or individual cutting the road surface. ATTACHMENTS: Draft Ordinance • 040 DRAFT ORDINANCE • AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 15, ENCROACHMENT ON PUBLIC PROPERTY OF THE ATASCADERO MUNICIPAL CODE, RELATING TO TRENCH CUTS The City Council hereby finds and declares as follows: Whereas, studies undertaken by the American Public Works Association and many cities have concluded that excavations in paved streets degrade and shorten the life of the surface of the streets,and this degradation increases the frequency and cost to the public of necessary resurfacing, maintenance and repair; Whereas,the cutting of the pavement and trenching in the streets permits water seepage into the street as well as weakening pavement support around the patch,thereby allowing deterioration at an accelerated rate; Whereas, millions of dollars in public funds have been invested to build, maintain, and repair the streets within the City's geographical boundaries, and the City holds these streets as an asset for its citizens. It is desirable to adopt regulations that will help protect the structural integrity of City streets and thereby safeguard the value of the public investments in City streets for the benefit • of all City residents, by requiring proper repair with quality materials, inspection, and follow up inspection and further repair if the trench repair fails,to help offset the shortened life of the streets that are cut. Whereas,entities making and benefiting from an excavation in a City street also will comply with standards and requirements for compaction,backfill and pavement restoration and resurfacing that ensure the best possible restoration of the paved surface over and adjacent to the trench or cut; Whereas, regulation of excavation in City streets to help reduce disruption of and interference with public use of the streets, and to help prevent damage and maintain the safe condition of the streets protects the public health, safety and welfare, is a valid and appropriate exercise of the City's police power, and is a municipal affair; Whereas,With respect to the installation of telecommunications facilities,Section 253(c)of the Federal Telecommunications Act of 1996 expressly recognizes the authority of local governments to impose reasonable nondiscriminatory requirements upon telecommunications providers using the public right-of-way, and California Government Code 50030 specifically authorizes the imposition of permit fees that do not exceed the reasonable costs of providing the service for which the fee is charged. A Encroachment Permit Fee imposed by this ordinance and any associated Resolution is such a reasonable fee; 041 • NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1 ORDINANCE New Article of Title 7, Public Works, Chapter 15, Encroachments on Public Property, of the Atascadero Municipal Code is hereby added, such new Article to provide as follows: Article 15. Trench Cuts 5.111 Definition 7-15.111 Definitions (a) "Trench Cut" means the cutting of an existing asphalt road for the installation, repair, location of utilities, conduit, storm drain, or any other underground facility. 7-15.112 Encroachment Permits. The Engineering Division of the Public Works Department, or delegated division, will issue encroachment permits. Any persons working in the right-of-way with out an encroachment permit will be stopped and required to obtain an encroachment permit.The fee for the encroachment permit will reimburse the City for the cost to administer the program and construction inspection and the follow up inspection.The encroachment permit is not valid until Underground Service Alert(USA) . notification and field marking has been completed. 7-15.113 Inspection A City inspector will inspect the trench cut.This may include asphalt removal,digging of the trench, bedding of utility,backfill and compaction of trench,placement of base material,saw cut and paving. 7-15.114 Trench Specifications The Trench Repair Specification for asphalt removal, digging of the trench, bedding of utility, backfill and compaction of trench,placement of base material and paving will be followed.The City Engineer may revise this Specification. 7-15.115 Cash bond and one year inspection. A cash bond will be taken when the encroachment permit is issued. The City will inspect the trench 1-year after the trench is completed per Trench Repair Requirements. The party that requested the encroachment permit and put up the bond will repair all trench deficiencies discovered at the inspection. The repairs could include crack seals,skin patch,remove and replace trench paving and in extreme cases where the backfill has failed, remove all backfill, replace and repave. Utility Companies and Atascadero Mutual Water Company are exempt from the bonding requirement, if they guarantee their repairs with a Warranty 7-15.116 Trench Cut Moratorium There will be a moratorium on trench cuts in a road for 2 years after it has been paved.The City will publish a two-year paving schedule every year to keep the community and utility companies posted 042 on the planned projects. The moratorium may be lifted for utilities for emergency repair, State of California mandated work or expansion of service area or new development. The recently paved road shall be repaired to the condition prior to the cut,which may include overlaying the entire road. 7-15.117 Provisions of Chapter 15 This Article does not change or alleviate anyone from following the provisions of the entire Chapter 15 Encroachments On Public Property. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: . J. Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 04j ITEM NUMBER: A-7 ■ e;®, �;® ;� DATE: 03/26/2002 1918 a �, 1979 F-7 A��ERgj Atascadero City Council Staff Report - Community Development Department Musselman Drive Planned Development Zone Change 2001-0019 (9385 Musselman Drive) (Shores / R. Thompson Consulting) RECOMMENDATION: The City Council introduce for second reading by title only the draft Ordinance, enacting Zone Change 2001-0019 amending the Zoning Map district of APN 030-461-054 from RMF-16 (Residential Multi-Family) to RMF-16 / PD 7 (Residential Multi-Family with a PD-7 overlay district). • SUBJECT: The proposed project consists of a proposed rezone to create a Planned Development Overlay Zone PD-7 within an existing RMF-16 zoning district. DISCUSSION: On February 26, 2002, the City Council conducted a public hearing to consider amendment of the Official Zoning Map of the City of Atascadero from RMF-16 (Residential Multi-Family) to RMF-16 / PD 7 (Residential Multi-Family with a PD-7 overlay district) concurrently with a corresponding Master Plan of Development, Road Abandonment, and Tentative Tract Map. The zone change will allow nine, single-family residential units to be constructed on separate lots. There were no changes made by the City Council to the Ordinance during its first reading and it is ready for final adoption as attached. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ATTACHMENTS: Attachment 1: Draft Ordinance i 044 ITEM NUMBER: A-7 DATE: 03/26/2002 Attachment 1: Draft Ordinance • ZCH 2001-0019 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF ATASCADERO AUTHORIZING ZONE CHANGE 2001-0019 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 030-461-054 FROM RMF-16 (RESIDENTIAL MULTI-FAMILY) TO RMF-16 / PD-7 (RESIDENTIAL MULTI-FAMILY WITH A PD-7 OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT. 9385 Musselman Avenue/APN 030-461-054 /Jim Shores) WHEREAS, an application has been received from Jim Shores, PO Box 216, Atascadero, CA 93423, (Applicant), and Raymond Marasse, 9385 Musselman Avenue, Atascadero, CA 93422,(Property Owner), to consider a project consisting of a zone change from RMF-16 (Residential Multi-Family) to RMF-16 / PD-7 (Residential Multi-Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, a ten-lot residential tentative tract map, and a request to abandon a portion of the Musselman Avenue public right-of-way on APN 030-461-054; and, WHEREAS, an Initial Study and Draft Negative Declaration 2001-0053 were prepared • for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's General Plan Designation is HDMF (High Density Multi-Family; and, WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-Family; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, • 045 ITEM NUMBER: A-7 DATE: 03/26/2002 • WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on Tuesday, February 26, 2002, considered Zone Change 2001-0019, after first studying and considering the Proposed Negative Declaration prepared for the project, and WHEREAS, the City Council of the City of Atascadero, held a second reading of the Draft Ordinance on March 26, 2002. NOW, THEREFORE,the City Council does ordain as follows: SECTION 1. Findings for Approval of a Zone Change Creating a PD-7 Planned Development Overlay District. The City Council finds as follows: a) Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. b) Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. c) Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. d) Proposed plans offer certain redeeming features to compensate for the requested • modification. SECTION 2. Approval. The Council of the City of Atascadero, in a regular session assembled on Tuesday, March 26, 2002 resolved to introduce for second reading an ordinance that would rezone the subject site consistent with the following: a) Exhibit A: Zone Change Map SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: 046 ITEM NUMBER: A-7 DATE: 03/26/2002 ABSENT: • ADOPTED: By: J. Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • • 047 ITEM NUMBER: A-7 DATE: 03/26/2002 • Exhibit A: Zone Change Map ZCH 2001-0019 Existing Zoning: RMF-16 Proposed Zoning: RMF 16(PD7) 9385 Musselman Avenue APN 030-461-054 S 'a�khx jpr , _ x • ITEM NUMBER: A-8 DATE: 03/26/2002 • -. ®® o y 1918 1� � � 1979 Atascadero City Council Staff Report - Community Services Department Boat Rental Concessions Agreement Extension Amendment (Atascadero Lake Park) RECOMMENDATION: Council authorize the City Manager to sign an amendment to the Atascadero Lake Boat Rental Concessions Agreement with Lloyd Reeves, extending the agreement for an additional two years. S DISCUSSION: On March 13, 2001, the City Council authorized the assignment of the remaining terms of the Equipment Rental Concessions Lease at Atascadero Lake Park to Lloyd Reeves of Morro Bay. Lloyd Reeves, who has established and operated Atascadero Kayak and Sail out of Atascadero Lake Park, has submitted a request to the City requesting an extension to the current agreement. Staff is recommending that the terms of the current agreement be extended an additional two years. Atascadero Kayak and Sail has been a reliable concessionaire and has provided the City of Atascadero with a steady source of income from this concession arrangement. The current financial conditions of this lease agreement require the Concessionaire to,pay the City $2,500.00 per year plus 9% of gross sales in exchange for the concessions rights. Concessionaire Lloyd Reeves notified staff that if the extension to the agreement is granted, he intends to purchase four (4) additional Paddleboats that have canopies that will provide shade for the riders. In addition, Mr. Reeves will be adding a remote control model Sailboat to his rental fleet. Mr. Reeves has consistently made improvements and additions to the boat rental operation at Atascadero Lake and has been very cooperative in his dealings with City staff and the public. This public/ private partnership has provided a leisure service to the residents of Atascadero and in the opinion of staff should be continued. • Staff recommends that the City Council authorize the City Manager to sign the Amendment extending the Atascadero Lake Boat Rental Concessions Agreement with Lloyd Reeves for an additional two (2) years. 049 ITEM NUMBER: A-8 DATE: 03/26/2002 FISCAL IMPACT: • Approval of this recommendation will generate approximately $5,000.00 in revenue for the City of Atascadero. ALTERNATIVES: None proposed ATTACHMENTS: 1. Lease Amendment 2. Letter from Lloyd Reeves 3. Atascadero Lake Paddleboat Concessions Agreement 050 • AMENDMENT The City of Atascadero hereby amends Section 4.04 of the lease assigned to Lloyd Reeves for the lease of premises and operation of an equipment rental concession at Atascadero Lake Park. This amendment extends the terms of the agreement two (2) additional years. Rental consideration by the Contractor during the two additional years, except where specified otherwise, will be determined at the same rate as the final year of the original agreement, $2,500.00 per year and 9% of gross receipts. The Agreement shall terminate on December 31St, 2003, unless otherwise extended or terminated by provisions of the agreement. The contract is attached hereto as an exhibit and included as though fully set forth herein. PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: (Public Works Department) B. Lloyd Reeves 699 Embarcadero #9 Morro Bay CA 93442 Executed on , 2002, at Atascadero, • ATTEST: CITY OF ATASCADERO By: Marcia McClure Torgerson Wade McKinney City Clerk Mayor APPROVED AS TO FORM: By: Roy A. Hanley Lloyd Reeves City Attorney Contractor APPROVED AS TO FORM: Rachelle Rickard Administrative Services Director • 1 - 051 Atascadero Kayak & Sail P.O.Box 689 • Atascadero, Ca. 93423 (805)461-1449 3/8/02 Atten: Geoff English This letter is to let you know that I am very much looking forward to continuing my lease site for the next couple years at the lake. I have added a couple remote control sailboats to the rental fleet along with a newly restored Mercury Sloop and four additional pedal boats with bimini tops in hopes of being able to rent on those really hot days! I plan on opening weekends 12 - 4pm starting Easter weekend. I am also including the current newsletter on the Submarine Replica I am currently building Please feel free to pass it around an let me know the response. The boat will be finished summer 2003 and it might be fun to have it on the lake (electric powered like the real one). Thank you! 5�� Xe.&�. - Lloyd Reeves • CONSENT TO ASSIGNMENT The City of Atascadero hereby consents to the assignment to Lloyd Reeves of the contract involving the City of Atascadero and Bill Rabaenaldt for the lease of premises and operation of a concession at Atascadero Lake Park. The contract is attached hereto as an exhibit and included as though fully set forth herein. PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: (Public Works Department) B. Lloyd Reeves 699 Embarcadero #9 Morro Bay CA 93442 Executed on C�i� , 2001, at Atascadero, ATTEST: CITY OF ATASCADERO • T L B Marcia McClure Torgerso Michael Arrambide City Clerk Mayor APPROVED AS TO FORM: By: Ro . Hanley Lloyd Reeves Ci ttorney Contractor APPROVED AS TO FORM: Ra Nelle Rickard Administrative Services Director • 1 053 Contract No. 97010 • AGREEMENT FOR SERVICES BY CONTRACTOR PADDLE BOAT, WATERCRAFT AND RECREATIONAL EQUIPMENT CONCESSION OPERATION AT ATASCADERO TAKE PAR APRIL 26, 1997 - DECEMBER 31, 2001 This agreement is made upon the date of execution, as set forth below, by and between "BEACH CYCLE RENTALS OF PISMO BEACH" hereinafter referred to as "Contractor" , and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City. " The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1 .02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1 . 03 RENT/ PERCENTAGE OF GROSS SALES RECEIPTS: In consideration for the terms of this agreement, the contractor will pay the City an annual flat fee and percent of the total gross earnings monthly of all monies from sales received* by the Contractor from the use of the equipment and premises described in this contract. The annual flat fee and percentage will be paid according to the "Exhibit B" . Gross earnings shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City of Atascadero of the monthly flat fee payment and the percentage gross of earnings received shall be made by the tenth (10th) day of each month. Payments are required to be submitted to the City of Atascadero, Department of Community Services, Room 107, Atascadero, • California (Attention: Geoff English, Recreation Supervisor) . 1 054 • Payments received from the tenth (10th) of each mo twenty-fifth (25th) of each month shall be considered to the delinquent and assessed a' ten percent (10%) penalty. Payments received after .the twenty-fifth (25th) ofeachmonth shall be assessed an additional ten percent (10%) penalty. Failure by the Contractor to tender payment to the City within thirty (30) days of any payment so due, shall be, sufficient cause for the City to terminate this agreement. 1. 04 LOCATION: Premises of operations is the boat docks located adjacent to Atascadero Lake in Atascadero Lake Park, 9315 Pismo Avenue, Atascadero, California. 1.05 SUBLEASE: Contractor shall not sublease or otherwise convey any interest of any sort granted by this agreement to any -person or persons whatsoever without prior written - consent and approval by the City. 1. 06 RECORDS AND ACCOUNTS: Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the concession operation, in a manner acceptable to the City. . the City shall have the right, through its representatives, • and at all reasonable times, to inspect such books and records, including State of California sales tax records. The City may require Contractor, at his expense, to have his records and accounts audited by an auditor acceptable to the City and shall present said audit 'to the Director of Administrative Services within thirty (30) days after the completion of the audit. If Contractor fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 1 .07 CONDITIONS OF PREMISES: The taking of possession of the subje.ct premises by Contractor shall, in itself, constitute acknowledgement that the premises are in good and tenantable condition. Contractor agrees to accept said premises in the present existing condition, "as is" and the additions, or betterments thereto. Contractor may construct or modify the said premises with Prior written approval by the Director (or designee) of the Department of Community Services. Any plans for such construction, if applicable shall be submitted to the City • for approval. Such construction or modification shall be without cost to the City. 2 0513 1 .08 . SIGNAGE: All signs, names or placards shall be approved by the Department of Community Services prior to installation.. All signs must meet all requirements and specifications as set forth by the City. 1 .09 . DAMAGE TO/DESTRUCTION OF PREMISES Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed, the City shall promptly repair the same, except that the City shall have the option to. terminate this Agreement if (a) the subject premises or the building and improvements in which the promises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half ( 1/2) of the full insured value of the building. and other improvements in which the subject premises are situated; or (c) if the dar,.age or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given here shall be given to Contractor with fifteen ( 15) days after City determines the period of time • required for and the estimated cost of such repair or restoration. 2.00 OBLIGATIONS OF CONTRACTOR 2 . 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Con- tractor's_ sole discretion, as long as the performance of these extra-contractual services -does not interfere with or presents. a conflict with City's business. 2 .02 HOURS OF OPERATION: Hours of operation to be established by Contractor upon mutual agreement with the Director (or designee) of the Department of Community Services. 2 . 03 PERMITS: Contractor is required to provide City, prior to commencement of operation of concession, a copy of a City Business License and a Board of Equalization Certificate. 2 . 04 TAXES: Contractor agrees to pay all lawful taxes, • assessments or charges which may be levied by government entities. 3 056 • 2 .05 EQUIPMENT- Contractor, at his -own ex e completely equip the concession and keep all equipmentlin a good repair and in safe operating condition in a manner to satisfy of the Department of Community Services throughout the term of this contract. Daily inspections of the contractors equipment must be maintained. and available for review upon request of the City of Atascadero. Contractor shall have a right to *use five (5) City owned paddle boats and floating dock area. In addition, the Contractor shall have the right to use a fenced cemented area directly in front of the floating dock area. 2 .06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES The City has the right to inspect and schedule the prices and rates of goods sold upon the subject premises. The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise/ deemed necessary for proper service to the public. Contractor shall post rates and prices of all items in such places as designated by the City. 2 . 07 SECURITY / COMMUNICATIONS: The contractor agrees to provide telephone and security alarm services to concession throughout the duration of this contract at contractor's expense. 2 . 08 .. TO AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement. 2 .09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents has no right to work- er's compensation and other employee benefit. If any -.worker insurance-protection is desired, Contractor agrees to _provide worker's compensation and other employee benefits,. where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Con- tractor's employees or agents. 2 . 7.0 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, of- ficers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or • suits or actions at law or in equity which may allegedly arise from Contractor's or any 'of Contractor's employees' or agents' operations under this agreement, whether such opera- 4 057 pera405` tions be by Contractor or by any one or more persons direct- ly or indirectly employed by, or acting as agent for, Con- tractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor .which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to• any -of such damages or claims for damages. 2 . 11 INSURANCE: Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: • a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor .and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this *contract, whether such operations be by Contractor -or by anyone directly or indirectly employed by Contractor, the amounts of such insurance shall be as__ follows: ( 1) Public Liability Insurance. In an amount not less than $500,000 per injury, including, but not limited to death to any one person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account of any one occurrence; (2 ) Property Damage Insurance. i In an amount of not less than $50,000 for damage to the property of each person on account of any one occurrence. 5 (3) Comprehensive Automobile Liabilitv. Bodily injury liability coverage of $500,000_ for each person in any one accident and $1,000,000 for injuries sustained by two' or more persons in any one accident. Property damage liability of $50,000 for each accident. •(4 ) Worker's Compensation insurance. In the amounts required by law, if applicable. b. PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days , prior notice of the cancellation of any policy during the effective period of this contract'. The certificate or policy of liability. of insurance shall name City as an additional insured with the Contractor. 2 . 12 CONTRACTOR'S MAINTENANCE: Except as otherwise provided • in this Agreement, Contractor, at its own cost and expense agrees: a. To maintain throughout the agreement term in good sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the five (5) City-owned paddle boats, the floating dock area and the fenced, cemented area directly in front of the floating dock (b) any personal property of the Contractor situated in or upon the subject premises; b. To notify the City promptly of any damage to the . subject premises situated resulting from. or attributable to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Contractor's sole cost and expense. C. Contractor waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Contractor's right to make repairs and to deduct the expenses thereof from the monthly payment payable by the Contractor. • 2 . 13 UTILITIES: Contractor shall pay the actual utilities, including water, gas, and heat, light and power supplied to the subject premises. There are customary and reasonable 6 — 059 charges one would expect to a for • • g p pay r these services. The contractor agrees to pay their fair share of all utilities including water, gas, heat, ' -light and power supplied. to subject premises, based on the percentage of square feet of subject premises compared with the utility charges for* the entire building site, up to a maximum charge of $200.00 per month. The charges will -be billed to the Contractor monthly, and payable to the City of Atascadero. Contractor shall make all arrangements for and pay the charges when due for telephone service. The suspension or interruption in utility service to the leased premises for reasons beyond the ability of City to control shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payment due to the City. 3.00 OBLIGATIONS OF CITY 3 . 01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3 . 02 PLACE OF WORK: City agrees to furnish the use of the • floating docks located in Atascadero Lake Park use by the Contractor while performing the services described within this contract. 4.00 TERMINATION OF AGREEMENT 4 . 01 TERMINATION ON NOTICE: Notwithstanding any other pro- vision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least thirty (30 ) days prior written notice to the other parties to this agreement. 4 .02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2 ) Sale of the business of any party; (3) Death of any party; (4 ) The end of the thirty (30) days as set forth in this agreement (5) End of the contract to which Contractor's services were necessary; or • (6) Assignment of this agreement by Contractor -without the consent of the City. 7 06-0 • 4 .03 TERMINATION BY ANY PARTY FOR DEFA Should any py default in the performanceOt OofCthis agree- ment or materially breach any of its provisions, a non- breaching party, at their option, may terminate this agree- ment, immediately, by giving written notice of termination to the breaching party. 4 .04 TERMINATION: This Agreement shall terminate on Decmeber 31, 2001, unless extended as set forth in this Section. The City, with the agreement of the Contractor, is authorized to extend the term if this Agreement beyond the termination date, as needed, under the same terms and condi- tions set forth in this Agreement. Anysuch extension shall be in writing and -be an amendment to this Agreement. 4 .05 REMOVAL OF ALTERATIONS: City, by giving written notice to Contractor within thirty (30) days before the expiration or termination of the agreement, may elect to require Contractor, at its sole cost and expense, to remove the_ alterations specified by City in its notice, and ' shall make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, .as may be necessary to restore the subject premises to good condition and repair, excepting only reasonable wear and tear, before the last day of the lease term or within thirty ( 30) days of . the City's notice. This stipulation will not affect any improvements agreed to by the Director of Community Services, as described in Section 1. 07 of this agreement. 5.00 MISCELLANEOUS 5 . 01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 5 . 02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a con- tinuing waiver or a waiver of any subsequent breach of this agreement. 5 . 03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4 .03. 5 . 04 ATTORNEY FEES: ' In the event of any controversy, claim • or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the pre- vailing party shall be entitled, in addition to other such 8 U61 relief as may be granted, to a reasonable sum as and for attorney fees. 5 .05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this 'agreement,, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; pro- vided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by - this agreement or the performance of any act rendered dif- ficult or impossible solely because of the financial condi- tion of .the party required to perform the act. 5 .06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications -required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally deliv- ered or in lieu of such personal service when deposited in • the *United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Department of Atascadero, CA. 93422 Community Services Attention: Recreation Supervisor (805) 461-5003 / 461-5002 B. CONTRACTOR - BEACH CYCLE RENTALS 150 Hinds Avenue Pismo Beach CA 93449 Attention: Bill Rabenaldt (805) 773-5518 5 .07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for . the interpretation of this agreement or any decision or holding concerning this agreement arises. X91,2 9 • 5.08BINDING EFFECT: This agreement e binding and shall inure to the benefit of the heirs,bexecutors,oad- ministrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 5 .09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legis- lative or rule making act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall. remain in full force and effect, unimpaired by the holding, legislation or rule. 5. 10 SOLE AND ENTIRE AGREEMENT: the sole and entire agreement between stherparties cwi.thitutes respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5 . 11 TIME: Time is expressly declared to be of the essence • of this agreement. 5 . 12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5 . 13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule to the effect that ambiguities are to be resolved against the .drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed- to define or limit the provisions to which they relate. 5 . 14 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this .agreement. 10 Executed on April 8 , 1997 , at Atascadero, California. Attest: qMayor TA CADERO *A4u4,, ByMARCIA 'TORG RSON S N City 'Clerk Approved as to form: ROY LEY, CONTRACTOR Ci Attorney • 11 064 • EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED By CONTRACTOR Contractor shall provide consultation and professional management services to City as follows: The Contractor shall utilize said premises for the following Purposes: A. Premises shall be used for the purpose of renting paddle boats, appropriate watercraft, bicycles and other mutually agreed upon recreational equipment. B. Furnish and install at his own expense, all necessary equipment required for proper service to the general public. C. The storage and service thereof shall be in an area approved by the Director of Community Services. D. Furnish and maintain proper facilities, equipment and devices for the concession as herein provided. Operate the facility in a business-like manner satisfaction of the Department of Community Services, and maintain said areas in conformance with the highest standards of health and safety for patrons of said operation.F. All items to be sold shall be approved by the Department of Community Services . No food or beverages may be sold. C: \WP51\CNTRCTS\NCIINC96 .LEA • EXHIBIT B i CONTRACTOR PAYMENT SCHEDULE Contractor will pay -the City Annually: YEAR FLAT FEE PERCENTAGE OF GROSS RECEIPTS 1997 $ 21000.00 5 % 1998 $ 2,500.00- 6 $ 1999 $ 21500.00 7 $ 2000 $ 21500. 00 8 $ 2001 $ 21500.00 9 $ C: \WP51\CNTRCTS\NCIINC96 .LEA • ITEM NUMBER: A-9 DATE: 03/26/2002 • iaii a is e Atascadero City Council Staff Report - Community Services Department Hot El Camino Nite Road Closure RECOMMENDATION: Council approve the draft Resolution authorizing the closure of El Camino Real from Rosario to Curbaril on Friday, August 16, 2002 from 6:30 p.m. until 8:30 p.m.. DISCUSSION: • On Friday, August 16, 2002, City staff are proposing to close El Camino Real from Curbaril to Rosario from 6:30 p.m. until 8:30 p.m. to conduct the annual Hot El Camino Nite Cruise. The Hot El Camino Nite Cruise will for the third year, be coordinated by the Atascadero Community Services Department. The Hot El Camino Nite Cruise attracts thousands of tourists and spectators who line El Camino to view the 421 cruise vehicles that participated in this growing event. The route for this year's "Cruise" is proposed to begin at Curbaril and end at Rosario, in front of the Police Station. The route requires that Cal Trans close the northbound Highway 41 exit and the detouring of Highway 41. Cal Trans has requested a resolution from the Atascadero City Council authorizing the closure of El Camino Real along the proposed"Cruise" route. FISCAL IMPACT: Approval of this recommendation will cost $800.00 in Cal Trans fees to pay for the necessary signs and traffic controls. • 067 ITEM NUMBER: A-9 DATE: 03/26/2002 ALTERNATIVES: • None proposed ATTACHMENTS: Draft Resolution authorizing the Closure of El Camino Real Map of the proposed Hot El Camino Nite Cruise route Hot El Camino Nite Flyer • • 068 • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CREATING A TEMPORARY CRUISE ROUTE BE IT RESOLVED by the City Council of the City of Atascadero that the Hot El Camino Nite car cruise route is hereby established as El Camino Real from Rosario to Curbaril; San Luis Avenue from Curbaril to Pueblo; Pueblo from San Luis Avenue to El Camino Real; and BE IT FURTHER RESOLVED that in order to provide a reserved route for the parade and the area described above is designated as a tow-away zone from the period of 6:30 p.m. until 8:30 p.m., August 16, 2002; and PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 26`h of March, 2002. • ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON, City Clerk J. MICHAEL ARRAMBIDE,Mayor APPROVED AS TO FORM: ROY A HANLEY, City Attorney • 069 N �o Police Station � City • Registration Entrance w� Cruise Pass Registration �► r !pl LEGEND �►� �lo� � © Cruise Pass Registration Hwy.41 Exi Registration Entrance Closed .......•....)o.Registration Line-up \ Cruise Route y Santa Luciaeb10 y D Cruise Pass Registration v CD 1!' Cucbarl ...7 Registration Rite Aid Entrance $egistration Entrance • 070' City v j Atascadero OommuNity Services D¢partml¢tit asp 10" 10tft �lmmat) -M- U6 $0 Friday,As4qsist 16, 2002 6:30 to 8:30 pim. Closed, controlled cruise route on El Camino Real from Rosario and Curbaril Pre-registration to cruise is $10 starting June 24 to August 9, 2002, City Hall, Room 107 *Registration the night of the Cruise is $15,5:30-7:00 p.m. Located at: Intersection of Pueblo Ave. and El Camino or Intersection of Hwy 41 and El Camino *Pre-Registered participants may pick up their cruise pass at the above locations* *See reverse side for Cruise Route Map* YOU MUST HAVE A CRUISE PASS TO PARTICIPATE! 0 For more information, call (805) 461-5000 "GWO G7ars Go a 11olARgtisf/Yife!" "Rules of the Road" Will be strictly enforced by the Atascadero Police Department. Cruise Nite checks may be made out and mailed to: City of Atascadero 6500 Palma. Rm, 107 Atascadero, Ca 93422 PLEASE SUBMIT CRUISE NITE CHECKS ONLY TO THE CITY OF ATASCADERO RELEASE OF LIABILITY I, the undersigned, do hereby release the City of Atascadero, its departments and all employees, and the Hot El Camino Cruise Nite Atascadero Committee and its principles from responsibility, liability or legal accountability for damage or loss to property or person arising from participation in the Hot EI Camino Cruise Nite Atascadero on August 16, 2002,during the hours of 6:30 to 8:30 p.m. on El Camino Real and surrounding streeLq in the City of Atascadero, California. SIGNATURE: DATE: v App6icAtki►N for Hot e6 Cam0mo Nite Atagcad#to AME: ADDRESS: CITY: ZIP: (please print) AR MAKE: YEAR: COLOR: LICENSE PLATE#: ffC-EUSE ONLY: Receipt Number: Date: Initials: If your business is interested in sponsoring the Cruise, please call 461-5000`� ITEM NUMBER: B- 1 DATE: 03/26/2002 X'7_9 i9is ,d a, ise Atascadero City Council Staff Report - Community Development Department Appeal - Variance 2001-0002 13800 Old Morro Road (Graves/ Wilson Land Surveys) RECOMMENDATION: City Council uphold the Planning Commission decision approving Variance 2001-0002, a request for an exception from the required 25-foot front setback requirement in the RS zoning district based on findings and subject to conditions. REPORT-IN-BRIEF: • The proposed project consists of an application for a reduction of the required 25-foot front setback in the Residential Suburban Zoning District. The variance will allow the construction of a single family residence and avoid the removal of several large native oak trees. The proposed project site is currently undeveloped and located in the Residential Suburban Zoning District, and has a Suburban Single Family General Plan Designation. Situation and Facts: 1. Appellant: Patricia Cullinan, 13505 Old Morro Road, Atascadero, CA 93422, Phone: 805-466-8436 2. Applicant: David Graves, 4155 Carrizo Road, Atascadero, CA 93422, Phone: 805-466-5124 3. Representative: Same as applicant 4. Project Address: 13800 Old Morro Road, Atascadero, CA 93422 APN 055-243-002 5. General Plan Designation: Suburban Single Family 6. Zoning District: RS (Residential Suburban) 072 ITEM NUMBER: B- 1 DATE: 03/26/2002 7. Site Area: 3.66 Acres (gross) 8. Existing Use: Undeveloped 9. Environmental Status: Categorical Exemption 15035 (class 5) DISCUSSION: Background: The request for variance went before the Planning Commission on January 15, 2002 and was referred back to staff and the applicant. The Planning Commission was not satisfied with the site design and requested additional information from the applicant. The Planning Commission has requested the following: 1. The applicant change the site plan so that the garage is on the opposite side (Reverse the plan) 2. The applicant remove the porch element at the front of the structure and put on the rear. 3. The applicant obtain tree protection report prepared by a Certified Arborist for the property that includes: A. A tree protection plan B. An inventory of trees that will be impacted by the construction of the single family residence. The inventory should indicate the size, species and condition of the trees. • C. A mitigation plan that prescribes mitigation measures to be in place during construction to reduce the impacts to the trees that are to remain throughout the construction activities. 4. The applicant provide a Landscape Plan for the site. The Landscape Plan shall provide landscape material that will effectively screen the residence from Highway 41. Of the four requested items above, the applicant has provided only a Tree Protection Report (see attached). The applicant's position is that the reconfiguration of the house and landscaping is not warranted and requested the Planning Commission waive those requirements. The project went before the Planning Commission again on February 5, 2002. The Planning Commission agreed with the applicant that reorienting the house and landscaping the site were not necessary. The Planning Commission approved the project based on findings and subject to the conditions of approval contained in Planning Commission Final Resolution 2002-0002. An appeal of the Planning Commission's decision was filed with the City Clerk on February 14, 2002. Since the appeal the applicant has submitted a sight distance review report from a qualified civil engineer (see attached) and a copy of a proposed site plan in which the proposed residence and garage have been flipped, resulting in the garage entrance location occurring on the opposite side of the lot. • 073 ITEM NUMBER: B- 1 DATE: 03/26/2002 • Planning Commission Staff Report Overview: The site is a moderate to gently sloping lot that is bisected by State Route 41. The portion of the lot under consideration is located on Old Morro Road adjacent to Morro Road and San Miguel Road. The site is currently undeveloped. There are several native oak trees located on the site. The lot is bisected by State Route 41 into a north portion and a south portion. The proposed building site is on the south portion. According to the Subdivision Map Act, crossing a parcel with a road does not create a subdivision, therefore only a single lot exists. The portion of the lot on the north side has steep slopes, extensive native tree coverage and is crossed by a deep drainage swale. l -� ort Portion cel • h'P rtion I HWY 1 Description of Parcel 07 � w � �� �°c.",*,•kms � s'. A•. x , :F 7 qA ITEM NUMBER: B- 1 DATE: 03/26/2002 Views of parcel on the north side of State Route 41 x :°„ Mft � ��• ..(., �� `-•t�~� � i'� �` "��' ��_ « � '���b ^ate? �, "�' t,a''+�� s �,b ` ¢ ..: r View of portion of parcel on the south side of State Route 41 • Proposed building site looking from south to north • 075 ITEM NUMBER: B- 1 DATE: 03/26/2002 Lot Constraints: • A variance from the required front setback will allow the construction of one new single family residence and preserve three large native oak trees. The proposed structure encroaches into the dripline of the three native oak trees, however, the site has been designed to locate the proposed structure as far away from the trees as possible. The variance is required for the rear of the proposed structure to be setback at least 5 feet from the trunk of a 26-inch live oak, and the proposed garage to be located at least 17 feet away from the trunk of a 36-inch live oaks. The remaining oak occurs between the two aforementioned live oak. Due to the parcel's size, the deep swale that traverses on the north side of the property, along Morro Road, and the steep slopes on the portion of the lot on the north side of State Route 41, the building site cannot be located in an alternative location. WIN _ 100 �j SIN ` c\- �. N t7l FFJ \ \ --105 - - Proposed _F -I OQ 11' Front Setback 1 Wm 110-- ZO F^VEAIFur" Existing Edge of Right of Way Pavement The front of the proposed structure will be located approximately 11 feet from the property • line, and an attached 6-foot porch will extend to within 5 feet of the property line. The front of the proposed structure will be located approximately 27 feet from the edge of pavement. 076 ITEM NUMBER: B- 1 DATE: 03/26/2002 The residence will have access from Old Morro Road. Single family residences in the Residential Surburban zone are required to have two parking spaces. The proposed project • includes a garage that will provide two off-street parking spaces. Findings of Approval of a Variance The site is in the Residential Suburban zoning district where the use is an allowed use; however the project requires an exception to the required front setback of 25 feet. In order to approve an exception to the development standards contained in the zoning ordinance the Planning Commission is required to approve an application for a variance. 1. The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 3. The variance does not authorize a use which is not otherwise authorized in the zoning district; and 4. The granting of such variance does not, under the circumstances and conditions . applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. General Plan Consistency The variance is consistent with the General Plan. The General Plan designates the property for "Suburban Single Family" uses. The variance from the required front setback will allow the construction of a single family residence and does not change the land use in this designation. Granting a variance would preserve the three large native oaks on site and is consistent with the Open Space and Conservation Policies of the General Plan pertaining to scenic lands protection, beautification of the city's entryways (Highway 41), preservation of trees, natural slopes, and significant habitats. Zoning Designation Consistency The parcel is zoned Residential Suburban. The proposed building lies 27 feet from the edge of pavement and is consistent with the intent of the required setbacks in the Residential Suburban Zoning Designation. - 077 ITEM NUMBER: B- 1 DATE: 03/26/2002 • Environmental Review: The project qualifies for a Categorical Exemption under CEQA Article 19, Section 15305, Class 5a; setback variances not resulting in the creation of any new parcel. CONCLUSIONS: The variance is consistent with the General Plan and the intent of the Zoning Ordinance. There are special circumstances applicable to the subject property, including size, shape, topography, location, and existence of native trees, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district. The granting of the variance will not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, and is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. If approved, the project would allow for the construction of one single-family residence and preserve three large native oaks on the property. ALTERNATIVES: • 1. The Council may approve the variance with addition conditions f y pp o approval. 2. The Council may grant the appeal thereby denying the variance. In that case, staff would request the Council approve a tree removal permit to remove the three native oak trees subject to mitigation consistent with the Native Tree Ordinance. 3. The Council may deny both the variance and the tree removal permit thereby requiring a complete redesign of the house plans and site plans. 4. The Commission may continue the item and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 -- Location Map (General Plan& Zoning) Attachment 2 -- Final Resolution PC 2002-0002 Attachment 3-- Tree Protection Report- Scovell Tree Surgery , Attachment 4 Appeal Letter filed February 14, 2002 • Attachment 5 Letters of interest from the public. Attachment 6 Sight Distance Review Report; Eric Gobler, Civil Engineer. Attachment 7 Planning Commission Minutes. 078 ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 1: Location Map (General Plan/Zoning) VAR 2001-0002 13800 Old Morro Rd. Project Site: 13800 Old Morro Road GP: Suburban Single Family Zoning: Residential Suburban as a a 079 ITEM NUMBER: B- 1 DATE: 03/26/2002 • ATTACHMENT 2: Final Resolution PC 2002-0002 VAR 2001-0002 13800 Old Morro Road RESOLUTION NO. PC 2002-0002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A SETBACK VARIANCE AT 13800 OLD MORRO ROAD (VAR 2001-0002/ Graves/ Wilson Land Surveys) WHEREAS, David Graves, 4155 Carrizo Road, Atascadero, CA 93422 (Applicant), applied for Variance from the required 25 foot front setback in the Residential Suburban zoning designation; and, WHEREAS, the proposed project has a General Plan Designation of Suburban Single Family (SSF) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban (RS) zoning district • and, whereas the natural building site of the lot is constrained by three large native oak trees and the narrowness of the lot; and, WHEREAS, the project is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article 19, Section 15305, Class 5a; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Variance application on January 15, 2002 and February 5, 2002 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of Variance. The Planning Commission finds as follows: 1 . The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and 2. There are special circumstances applicable to the property, including size, and shape of the lot, and the existence of three large native trees, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other • property in the vicinity and in the same zoning district; and - 080 ITEM NUMBER: B- 1 DATE: 03/26/2002 3. The variance does not authorize a use which is not otherwise authorized in the zoning district; and • 4. The granting of such variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 2. Approval. The Planning Commission does hereby approve Variance 2001- 0002 from required front setbacks subject to the following Conditions and Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan On motion by Commissioner Fonzi and seconded by Chairperson Eddings, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Fonzi, O'Malley, Kelley, Blaser, and Chairperson Eddings (5) NOES: Commissioner Norton (1) ABSENT: Commissioner Benz (1) ADOPTED: February 5, 2002 • CITY OF ATASCADERO, CA Royce Eddings, Planning Commission Chairperson ATTEST: Warren Frace, Director Community Development Department • ITEM NUMBER: B- 1 DATE: 03/26/2002 EXHIBIT B: Conditions of Approval • Resolution PC 2002-0002 VAR 2001-0002 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure PM:Parcel Map PS:Planning Services 13800 Variance 2001-0002 GP:Grading Permit gS:BuldingSevices TP:Building mit FD:Fire Department T0:Temporary Occupancy PD:Police Department PI:Public Final Occupancy CE:City Engineer PC c Improvements WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company Planning Services 1. The applicant shall record a Tree Protection BP PS Easement for the 2.96 acre north portion part of the parcel, APN 055-243-002. The Tree Protection Easement shall be approved by the Planning Department and shall be recorded before the the building permit final for the residence. 2. The applicant shall provide one additional guest BP PS • parking space on the south portion of the parcel. The additional guest parking shall be approved by the Planning Department and shall be part of a revision to the building plans for the single family residence. The building/site plans shall be revised to include the additional guest parking before the issuance of the building permit for the residence. 3. Future construction on the site shall be consistent with FO BP the final revised site plan. The rear of the house shall maintain at least a 5-foot setback from the 26-inch live oak and a seventeen foot setback from the 36-inch live oak. The front porch shall maintain at least a 5- foot setback from the front property line. 4. The applicant shall obtain approval of a building BP PS: permit prior to commencement of construction on the site. • ITEM NUMBER: B- 1 DATE: 03/26/2002 • EXHIBIT C: Site Plan Final Resolution PC 2002-0002 VAR 2001-0002 \Ioo` t �6 - - I F wm 110— W p� g ,. -. _ EkISTIND cDGE ..PAI'EMMAI T s 083 ITEM NUMBER: B- I DATE: 03/26/2002 ATTACHMENT 3: Tree Protection Report-Scovell Tree Surgery • VAR 2001-0002 13800 Old Morro Rd. ,5covell 'ee 5urge"19- E345-Q!V�CnCPVP�-W 4i CAlk-eq Cc4 95421 2 8 i0v.' i Arborist Report Graves Construction January 2 ,2002 4355 Carrizo Rd. Atoscadero,CA 93422 re;Old Morro Rd.site (3)Live flak cluster- middle of lot with orange fencing. 4", 41" and 24" diameters. Each free is in good condition. (1)Blue Oak,right front,with orange fencing. 20" diameter, good condition. • (1) Blue Oak,left front, 12"diameter,good condition. (3) Blue Oak,left rear, 19"diameter,good condition. (6)Oaks - On site inspection reveals each free in„good condition. Recommend 'building impact no more than 25% of drip line on oaks to save roots and preserve health. Certified Arborist#346 Chuck Scovell • 084 ITEM NUMBER: B- I DATE: 03/26/2002 ATTACHMENT 4: Appeal Letter, February 14, 2002 VAR 2001-0002 13800 Old Morro Road FIL69 COPi FEB 15 February 14, 2002 WYCJFA.TAsc4 ,v TY vLLi'41�'la l FF%C,' To: Atascadero City Council and Planning Commission On Tuesday February 5, 2002, 1 attended a planning commission meeting regarding the request of Mr. Graves i for a variance at 13800 Old Morro Road, Atascadero. The variance would allow Mr. Graves to build his home 20 feet from the edge of pavement of Old Morro Road. In this letter I will clarify, and elaborate on, the concerns I spoke of at the second planning commission meeting regarding the variance. The comments of some of the commissioners at the planning commission meeting indicated they felt there . was a feeling expressed by speakers during the public comment that there was opposition to Mr. Graves right to build on his property. That was certainly NOT my position. I am opposed to the variance. At the meeting some of my neighbors referred to an increase in construction of homes in the area. These comments serve as an indication of the increasing traffic on Old Morro Road. The following paragraphs list the conditions that make a house placed so close to the road, and in the proposed configuration, a safety hazard. The variance will not allow for adequate off street parking for the residence. Except for the planning commission's 085 ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 4: Appeal Letter, February 14, 2002 • VAR 2001-0002 13800 Old Morro Road request that Mr. Graves provide one off street parking place, additional guests will be forced to park in front of the house, barely off the road. That means there will be car doors opening into the road and pedestrians in the roadway. At night there could be pedestrians on an unlit rural roadway,which is clearly dangerous To illustrate, a 3/4-ton pick-up can be 15 feet wide or more with its doors open. The entire distance from the front porch to the edge of the road is 20 feet. Any landscaping in front of the house would reduce the available parking and force the cars into the street. Mr. Graves was asked at the first planning commission meeting dealing with this variance to provide a landscape plan and did not present one. Therefore we do not know what the proposed landscape in front of the house will be. Since safe parking is an issue, I believe the landscape proposal should be submitted and take these issues into consideration. The plan shows the house 11 feet from the property line and with the addition of the porch there will be structure 5 feet from the property line. Any further road improvements by the city to make Old Morro Road safer would further impact the parking and access problems. Typically a the setback for a house is 25 feet from the edge of the easement and using the edge of the pavement as a reference point is arbitrary. in this case using the edge of pavement is confusing since any road improvements would have to be made on the side of the road where Mr. Graves property because of the steep bank on the opposite side of the road. Another problem is cars exiting Hwy 41 from the West. Cars exit Highway 41 and accelerate to round the corner that forms the entrance to Old Morro Road unable to see 2 • ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 4: Appeal Letter, February 14,2002 VAR 2001-0002 . 13800 Old Morro Road oncoming traffic because of the trees and brush at the sharp turn. With and parking in the street that will force cars travelling West on Old Morro Road to not be in the appropriate lane when meeting any easterly travelling cars. An additional hazard is that the approach from the West is an uphill sloping grade impairing the approaching traffic ability to anticipate roadway activity. Old Morro Road is a narrow rural road. In many places the brush and trees along the roadway come to the edge of pavement. I stated at the meeting that there are many near misses by cars traveling in opposite directions on Old Morro Road. Not because of poor driving drivers, as suggested by Mr. Graves, but because of the narrowness of the road. Its rural nature is a contributing factor for those not familiar with the road. Large cars, trucks or SLIV's also have difficulty when passing other vehicles. The garage and the driveway of the proposed house are on the eastern side of the home.The placement of the home and the shortened distance from the road to the front of the garage is also a danger. The driveway is near an S curve to the East on Old Morro Road.That would require vehicles backing out of the driveway to back onto the roadway, out of sight of traffic approaching from the East. Depending on the size of the vehicle the entire roadway may be blocked by the backing car. If there were a car parked on the eastern side of the driveway, or possibly in the proposed additional off-road parking space, and a car backing out of the western side of the driveway, the backing car probably would not be able to see oncoming traffic or be seen by oncoming traffic. 3 • 087 ITEM NUMBER: B- I DATE: 03/26/2002 ATTACHMENT 4: Appeal Letter, February 14,2002 • VAR 2001-0002 13800 Old Morro Road For example, my neighbor's truck measures 21-1/2 feet long. A similar sized truck would be 5-1/2 feet from the road edge if it were parked in the driveway touching the garage door. Because of the slope of the driveway all vehicles backing out of the driveway will be backing uphill because the driveway slopes down towards the house 2 feet. This is limits the visibility of the driver of the car backing out of the driveway. There was a comment at the planning commission meeting that old Morro Road was an infrequently traveled road. I counted the drivers and found at least 67 full time resident drivers that make at least 2 trips over the road and a daily basis. In addition there is normal business traffic that includes service and delivery vehicles. • Even though there are two entrances to Old Morro Road most people use the western entrance because the eastern entrance is dangerous, especially at night. Is the city prepared to accept the consequences of allowing these safety problems and their potential liability ramifications? It is the city's responsibility to consider the safety of its citizens when making the decision on this variance. Building codes are designed to address safety standards. I am making my appeal based on the need to reconsider the necessity to follow those standards to make the proposed house safe for its residents and the road safe for its users. There are alternative solutions that would make the proposed home a safer residence. 4 _ • ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 4: Appeal Letter, February 14, 2002 VAR 2001-0002 • 13800 Old Morro Road First, the denial of the variance and placing the home with standard set backs would alleviate the ingress and egress safety problems, either by vehicles or pedestrians, and problems caused by the home being too close to the roadway. The home plan could be flipped over.That would move the garage away from the easterly curve. Tree removal should be considered to allow the home to be placed at a normal setback and alleviate the safety issues. With the house plans placing the retaining wall and footing 5 feet from the tree nearly one half of the root system of the tree will be disturbed. Additionally, any of the tree canopy that is in the house space will need to be removed to facilitate the construction of the house. Major branches of the tree overhang the proposed structure and • Will have to be removed, creating an unsightly and damaged tree. These factors combined certainly will cause the tree to die. Do not forget that length of the eaves of the house add to the amount of canopy of the tree that I will need to be removed for house construction. The developer stated that he was concerned for the trees adjacent to the house. As you know Atascadero City ordinance #9-11.105 tree section 5 allows an exemption from the tree ordinance as soon as there is a habitable home on the property. Therefore saving the trees that have been mutilated and will probably die may become a mute point if subsequent homeowners decide they do not want the trees for any reason. It is the owners legal right to remove trees under the above referenced ordinance. 5 • ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 4: Appeal Letter, February 14,2002 • VAR 2001-0002 13800 Old Morro Road i - i I The commission should remember that this entire area burnt in the Hwy 41 fire. MV own home was spared due to being in compliance with the California Department of Forestry regulations concerning the adequate distance of brush and trees from a residence. This will certainly be a factor in the thinking of the purchaser of the home once it is built. A number of oak trees could be replanted. Although this is not ideal it would allow for the house construction, and create trees for the future. Thank you for your consideration Patricia Cullinan • 13505 Old Morro Road Atascadero, CA 93422 805-466-8436 6 - ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 5: Letters of Interest from the Public VAR 2001-0002 • 13800 Old Morro Road I ozm MAR 4 2002 22 February,2002 Dear Atascadero City Council, Every property owner has the right to build and improve his or her land,even an entrepreneur like Mr.Davis. With this right comes an obligation to have a positive impact on the surrounding community. Mr.Davis'proposed building site plans place his house so close to the Old Morro road that it eliminates the possibility of improving the road to a standard width in the future. If the City Council is going to grant prospecting contractor Mr.Davis a variance to build a house at the summit hills entrance between Sate Hwy.41 and Old Morro Road, please allow him to remove the two established native oaks restricting his building site. Mr.Davis and the people who purchase this property in the near future can plant and _ ---ffmi.tains to replace-4hese-les6. --— —-- I bought my property to live in this neighborhood with basic expectations for my investment and my property tax dollars. These expectations include continued high quality city services such as the fire,police,and emergency medical services,proper maintenance of City roads,and development standards such as`setbacks'and`minimum lot sizes'. If the City of Atascadero Council members agree that a variance to the established building standards should be granted to contractor Mr.Davis,then the city must enforce responsible planning and execution of this project. The building site is grossly undersized and the proposed set back shows severe disregard for current and future growth along Old Morro road. The City of Atascadero has a legal and moral responsibility to property maintain and improve Old Morro Road for the safety of those residents that have lived here for many years,as well as our new neighbors and those neighbors yet to come. This is especially true in light of the number of building permits that the City Council has granted on Old Mono Road and Palo Verde Road in the last four years. Old Morro road is not a legal and proper width. The recent flow of construction trucks has badly compromised the asphalt. The Municipal Water Company has recently trenched and patched the road. Many of the trees and shrubs are badly over grown. There have been several automobile accidents on Old Morro road. Fortunately,no one has been seriously injured,yet. I never received a notification in the mail in regards to the hearing for this proposed construction. My neighbors and I would like the City of Atascadero Council members to consider the granting of this variance to the building codes more carefully. Sincerely, L. Joshua Gwiazda 13615 Old Morro Road Atascadero,CA 93422 • 091 ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 5: Letters of Interest from the Public • VAR 2001-0002 13800 Old Morro Road February 20,2002 ` j FEB2 5 7002 i City of Atascadero Community Development'Department I 5600 Palma-Avenue,-Suite 104- Atascadero, CA 93422 Attention:-Glenn Rider RE:'13Q00 Old Morro Road Dear Sir: Several neighbors and l attended.the planning commission meeting held February 5,2002. After which we gathered.to discuss the events that took place. It is deeply discouraging to anyone who is acting as,a concemed citizen of this cornrtjunity toatferid,sucka and see the blatant`disregard for ourmutual concems:for safety set aside;by those placed in the_position of serving their public. The issue is the variance for the property located at 13800 Old Morro Road.This site is ill suited for the proposed variance.The welfare of existing-property owners and`safety.of anyone who may be using'the road was not considered.There was total disregard.16 the ordinances which have been set.in-place:to support structured and specific guidelines for the current and the future development of the community, Having listened to the concerns of the speakers,it concerned me when the commissioners did not:Jisten to the individuals who . reside in the immediatearea.The commission gave the public their 5 minutes to speak but they did not respond to any to the residents were asking of the developer. Instead, the planning commission discussed property rights,specifically those of Mr.Graves tobuild on his property,rather than safety;the adjustrnents.to,set:backs on a difficult lot to build.6h, and the impact;to the existing,ingress and;egress'of existing or future traffic on Oid:Morro Road. Should this property be allowed the reduction of the existing footage:in set back requirements,it will preclude.any-ability'to.allow for sufficient roadway easement allowance for future improvements, The opposite side of the roadway is:ar steep'embankment. Itis unfair.to site any precedents when considering this particularlocation and road width. This road is not " capable of losing additional footage to accommodate this parcel's inadequatg size or"the,, .builder's intentions. Another concern is the lack of sufficient off street parking: Should the garage be used for anything other than parking for:it's residents and the single off road parking placebe takenup by'a boat,trailer or motorhome,these conditions would leave the driveway as the only off road parking. The planning commission requested Mr..Graves..try to provide an additional off road parking space.This request should be amandate to the overall plan,regardless of whatever. plan is approved for this site. .Roadside parking'is non-existent in this area.As long,as the residents do not park either a boat.trailer or motorhome in the additional parking spot; it would provide for much needed.safe parking. I do.not oppose the rights of Mr..Graves.using his'property,but am concerned with his plan. • ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 5: Letters of Interest from the Public VAR 2001-0002 13800 Old Morro Road � u Page 2 of 3. RE: 13800 Old.Morro Road These issues lead us to the city representatives•in attendance.They were unable or disinclined..to clarify existing ordinance or general plan which may .differ:with thd:already formed decision of the voting board. There was a great discrepancy between the planning commission's request of.info'rmation from Mr.Graves at the meeting of January 18 concerning the requestedwariance. At the' meeting of January.18,the planning,commission requested four,items; 1. Flipping the plan 2. Relocating the porch to the back side 3. A complete:tree report s 4. ! andsca pian Mr.Graves answered one of the four recliMted items and did that incompletely.-The ' commission should have further postponed"any vote oe.decision until Mr.Graves provided.the requested information. Even the planning commission chairman stated that thefinal judge of the acceptabilityof a. house at this location will be the potential buyer.My example of the worst scenario being-of a home that Will not be inhabited due to poor location and non-conformance:A'prime example of., an existing home which I have yet to ever ses occupied to.this day, is-located at 7985 Santa. Rosa Road:Itis true this home may have,been built before Atascadero had become a city, however due to design allowances and exceptions it has;yet to be occupied and for the most . part is an eyesore in-the community. History has.shown-the lack of occupancy has made it:a site.of vandalism and until very recently,only a,minirral-effort has'been put toward'ifs car'6 or maintenance of the grounds;Personally`I would not wantto see a'similar mW maintenance at 13800 Old Morro Road: Mr.Graves states he wants to save the trees; but actually his plan will require severe paining to the parts of the trees The trees on this particular lot were severely AaMaged by the Highway 41"fire Thi ;trees were badly:buMare fi0tkiw-and are;stixiggltr g fof.surviYal. Enclosed are pictures'of these trees to upportthis`statement. Having,personally;complied with the California Department'of Forestry regulations, my home along with the3rees on MY- particular y paiticular lot were not lost or damaged. Unfortunately this Wasnotthe case with many neighbors. On the subject lot it would.be most'beneficial to remove the trees and adhere to existing set backs.These trees will not survive.from the stress they will sustain in building under the current plan. I would also state with the existing tree ordinance#9-11.105 tree' section 5 allows an exemption from the tree ordinance as soon,asthereis a habitable home on the property. • 093 ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 5: Letters of Interest from the Public • VAR 2001-0002 13800 Old Morro Road I _ Page 3 of 3: RE: 13800 Old Morro Road Mr.Graves insulted us all,with`his claim that.fhere is no traffic on this particular road: Adding further insults by stating,and presuming the:comment of near misses by current users' implies that we ars also poor drivers. in counting the number of r@sfdences that utilize Old- Morro Road on a daily basis and knowing the number of households which-exceed two-legal. - drivers,the count exceeds 67 drivers..This does not include any daily.service vehicles such as mail, UPS, FedEx'deliveryor traffic of contractors anti=their suppliers,of biristruction equipment or materials.of any current development. Cars,pickup trucks,motorcycles, bicycles SUV's.and motorhomes pass through on a weekly if not daily basis,this being, " compounded by the photos submitted by Atascadero Mews to ifs readers to take.a drive on ., what was formerly a part of the'E.G.Lewis highway also known as'Morro Road before the realignment of what is now Hwy 41. Mr.Graves comments.donis narrow and nxal;hy hature is barely 1 11, miles in length and is tndf in f 11-compliance with the' Speciifications for a road as,would be accepted py citystandards:This road has.overgrowth of both.brush and weeds which protrude over the edge of the existing pavement,causing many, drivers to travel in it's center due to varying road width restrictions,as well as not wanting to inflict damage to one's car. The most widely used access to Old Morro Road being the West entrance at Summit Hills, he safer of the two.Westbound'traffic entering at the eastern entrancein addition to crossing • must be conscious of any traffic following them while preparing to'cross the.oncoming. eastbound,downhill traffic on Hwy 41.There is no left hand turn'lahe for either entrance to Old Morro Road. The planning.commission insulted us by the chairman stating he saw that Mr..Graves wished to speak and-stated even though,that,it was abnormal he wished to:accommodate him.See the minutes.of the planning commission of February 5.He.then told the audience that the time m . for public comment was over and Mr.-Graves spoke because the commission had questions for him when the opposite vias true. Before making another hasty decision I personally would like to invite all of you out to this Brea 3tT¢�eFSA3f#ailq pnspt Etter t#atfte andt+3oT3ditlaie'In WtflCRt$SGYi 'bItl@nS Of fT15 community tide`witli year in end:year out;_with'rriinimal services provided to the safety surrounding this sectioh of 010 Morro Road and it'sresidents.After doing so,I sincerely hope that after a review of the issues I have stated that you will take tiniato visiting the site with new knowledge of the actual conditions of the site and the road and take consideration and override the poor decision as made on February 5. Sinc ely, - semary AV 1 600 010ad 'Atascadero,CA 93422-2021 Phone(805)466-3240 lig ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 5: Letters of Interest from the Public VAR 2001-0002 13800 Old Morro Road i i _j � a r F_ �j 5. 8s , • 095 ITEM NUMBER: B- I DATE: 03/26/2002 ATTACHMENT 5: Letters of Interest from the Public • VAR 2001-0002 13800 Old Morro Road • 09� ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 5: Letters of Interest from the Public VAR 2001-0002 • 13800 Old Morro Road t y i FEB 2 6 2002 Feb 22, 2002 City of Atascadero Community Development Dept. 5600 Palma Ave., Ste 104 Atascadero, CA 93422 Attn: Glenn Rider Re: 13800 Old Morro Road I have been approached by my neighbor, Rosemary Anderson, to address the issue of the proposed variance granted by the Atascadero Planning Commission of Feb 5, 2002. If the Planning Commission came out and looked at the situation of this lot and what is proposed, I do not believe the variance would be approved. The Planning commission's request that Mr. Graves provide one off street parking place is not adequate to the needs of our safety in driving down Old Morro Road to connect with Hwy 41. My wife and I drive that route everyday of our life, at least once a day. I live on 13617 Old Morro Rd. With just one off street parking place, other guests will be parking along the road. That is a narrow country road. The driveway will enter onto Old Morro Road East of the intersection of Old Morro Road and Hway 1. That is a • blind corner with trees impeding our view and sharp turn to the left onto Old Morro Road. On numerous occasions, large, flatbed trucks are parked along the road where skip loaders of other equipment are backed off the truck and used to clear or repair the road or cut limbs or clear brush. Please picture turning that blind corner and being confronted with a large truck parked on the right and on the left someone is backing out of the proposed driveway or parked along the road for lack of off-street parking. The driving conditions would be extremly hazardous at that corner. Also there are two seasonal creeks that cross Old Morro Road in that area which often over-flow and cause water and dirt to cover the road. The whole configuation of this proposed building site needs to be reconsidered by the City of Atascadero. Yours truly, W Herschel Wilson 13617 Old Morro Rd. Atascadero, CA 93422 Phone (805)466 7365 • 097 ITEM NUMBER: B- 1 DATE: 03/26/2002 • ATTACHMENT 5: Letters of Interest from the Public VAR 2001-0002 13800 Old Morro Road MAR e - JAY 71 r. _. �.... t r f f ...�gyr�� rj'tx GLS'�L,c....O-4"w-a �f I �;t-'<� .G'r>�-:re.��rL_��r.�.,Yy�r,7..L��•,;.��t _ � �.,�..,,�{�'C.Y..�/�- _ .fir- ..cc<'-f�c�'rx..c�-r�,....t'��-,-'C.�'L,�i�E.L..{1- r3��..e.�•� a tz r. tf¢ f d fc Is • 098 ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 5: Letters of Interest from the Public VAR 2001-0002 • 13800 Old Morro Road MAR 6 2002 ,.F.A, � -10 0E:'Ff_OPM I4T J. Ross 13595 Old Morro Road Atascadero.,--c&.93.422Z__ February 27, 2002 _- city of Atascadero community Developement Department 5600 Palma Ave. Suite 104 Atascadero, CA 93422 Attention: Glenn Rider RE: 13800 Old Morro Road It has been brought to my attention that David Graves was granted a variance to build a home in the median strip between Highway 41 and Old Morro Road. Breaking the rules to allow Mr. Graves to build on one of the most uninhabitable lots in Atascadero only enforces our well deserved nick name of Atrashcadero, A house twenty feet from Old Morro Road will not only be dangerous to drivers but also to the occupants of a house built that close to such a narrow, winding road. Sincerely, • 099 ITEM NUMBER: B- 1 DATE: 03/26/2002 ATTACHMENT 6: Sight Distance Review Report VAR 2001-0002 13800 Old Morro Road _........_. ......................... tftic�`I�to At =C#111 ;�NGINEEIt111�G , 9110 ATASCADERO AVENUE ATASCADERO,CA 93422 (805)466-8632 a s t (805)466-6465 fax (805)459-3268 cel! FEB y January 28,2002 `4r.David Graves 4155 Carrizo Road Attscadero,CA 93422 Dear Mr,Graves: SI BJECT: Sight Distance Review;13300 Old Morro Road,Atascadero You requested that I.review the sight distance along the street fronting the subject project. Based on my review, sight distance to the west exceeds 200 feet and substantially exceeds City standards. Sight distance to the east,currently is about 100 feet and partially obstructed by oak brush and dense poison oak. Easterly sight distance can easily be increased to at least 150 feet,providing the 7-inch oak tree (slio;vm bn the plan)is pruned(remove branches to at least four fetid above the street level)and all of the poison oak along the street edge is removed(cut it back at least 15 feet from the pavement edge). City standards require at least 150 feet of unobstructed sight distance if the street design travel speed is 25 miles per hour. 'Phis section of Old Morro Road does not have a marked speed limit,but due to its narrow winding nature,travelling toward your lot(east to west),it is difficult to reasonable exceed 20 hiPII. Thus, I am confident that pruning the 7-inch oak and removing==,the poison oak(as described above)will result in an unobstructed sight distance of more than 150 feet in both directions. Since this meets the City standard for traffic travelling at 25 MPH, I believe adequate sight distance can be satisfactorily provided.Additional safety is provided by the tact that existing road conditions make it difficult for vehicle speed to exceed 20 IMF[L Unless the Cit; objects to tree priming or poison oak removal,adequate sight distance can be reasonably provided. Please call if you have additional questions or if more.information is needed. Please note that 1 added a statement to the Site Plan requiring tree pruning and poison oak removal to ensure necessary sight distance is provided. Respectfully, i NK, Epic J.Gobler Civil Engineer RCE 30438 100 ITEM NUMBER: B- I DATE: 03/26/2002 ATTACHMENT 7: Planning Commission Minutes VAR 2001-0002 13800 Old Morro Road Regular Meeting February 5, 2002 — 7:00 P.M. CALL TO ORDER Chairman Eddings called the meeting to order at 7:03 p.m. and Commissioner Blaser led the Pledge of Allegiance. ROLL CALL Present:Commissioners Blaser, Fonzi,Kelley,Norton, O'Malley and Chairman Eddings Absent: Vice Chairman Bentz Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Assistant Planner Glenn Rider and Recording Secretary • Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 15, 2002. MOTION. By Commissioner O'Malley and seconded by Commissioner Kelley to approve the Consent Calendar. AYES:Commissioners O'Malley, Kelley, Fonzi and Norton NOES. None ABSTAIN.• Commissioner Blaser and Chairman Eddings 101 ITEM NUMBER: B- 1 DATE: 03/26/2002 • Motion passed 4:0 by a roll-call vote. PUBLIC HEARINGS 2. PROJECT TITLE: VARIANCE 2001-0002 Applicant: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 (Agent: Kenneth Wilson, Wilson Land Surveys) Project Location: 13800 Old Morro Rd., Atascadero, CA 93422, San Luis Obispo County APN 055-243-002 Project A request for a reduction of the required 25-foot front setback in the Description: Residential Suburban Zoning District to allow the construction of a single family residence and avoid the removal of several significant oak trees. The proposed project site is currently undeveloped and located in the Residential Suburban Zoning District, and has a Suburban Single Family General Plan Designation. Environmental Class 5 Categorical Exemption: The project qualifies for a Categorical • Determination Exemption under CEQA Article 19, Section 15305, Class 5a; setback variances not resulting in the creation of any new parcel. Staff That the Planning Commission adopt Resolution No. PC 2002-0002 approving Recommendation a Variance, a request for an exception from the required 25-foot front setback based on findings and subject to conditions. Assistant Planner, Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT David Graves, 4155 Carizzo Road, applicant, stated that he had sent someone to check the line-of-sight distance and that it exceeds the City standards for that area. Regarding the drip line for the trees, Mr. Graves indicated that there is not in reality a large canopy as indicated on the plans, and the trees actually lean toward Morro Road and do not cover a large portion of the property. He does not want to remove the trees and as the home will be built nine feet out of the ground he does not believe it will encroach on the tree canopy. Additionally, Mr. Graves feels that landscaping will not serve any purpose since the home is raised so high. Mr. Graves answered questions of the Commission. Commissioner O'Malley stated his support for leaving the trees, however he expressed concern that because the trees lean away from the construction site the roots will grow further • out into the construction site as a counter balance and this could place extra weight on the 1u2 ITEM NUMBER: B- I DATE: 03/26/2002 roots. He asked if the arborist had looked at the issue of the tree roots. Mr. Graves was uncertain if the arborist had addressed this issue. • Commissioner Fonzi questioned whether the house plan could be flipped to provide better access to the driveway. Mr. Graves stated that this had been considered but because the line- of-sight distance was met he chose not to pursue the idea further. Additionally, Mr. Graves indicated that the house is set on the property as it is because of the septic system, which will be installed behind the garage, and if the home is flipped it will be closer to the 36-inch live oak tree. - Joan O'Keefe, 9985 Old Morro Road East, stated that the tree protection plan was not useful, and the one sentence on tree protection was too general. Additionally regarding the canopy, the drawings in the plans should not be renderings but accurate depictions of what the canopy actually is to enable the arborist to make recommendations (per the tree ordinance) to mitigate damage. Mrs. O'Keefe felt strongly that the arborist should not be merely recommending, but rather stating specifically where and how in order to enforce compliance. She expressed her concern that if there is to be trenching the roots will be impacted and the tree may not survive construction. Another concern was the proximity of the trees to the house because of the fire danger. Mrs. O'Keefe stated that she was unable to identify any tree protection for the trees near the porch. Edward English, Old Morro Road, stated that he lives near the building site for this project and drives by regularly. He feels that this is the worst rural site in Atascadero to build a home because of the small size of the lot and the proximity of the home to the road. Mr. O English feels Old Morro Road does get a considerable amount of traffic and presents a hazard because it is so narrow. Patricia Cohen, 13505 Old Morro Road, expressed her concern regarding the traffic on Old Morro Road and the danger that exists because of the speed with which drivers coming off of Highway 41 take the corner. Additionally she feels parking for guests as well as the owner is inadequate and the road is too narrow to permit safe parking on the street. Joshua Guazda, 13615 Old Morro Road, stated several concerns with the project including: 1) small size of the parcel, 2) narrowness of the road, 3) home site will be an eyesore from Old Morro Road and Highway 41, 4) affect on the access to his own property and 5) whether oak trees removed will be replaced with other oak trees. Mr. Guazda stated his opposition to another home being constructed in his neighborhood and feels that Old Morro Road is not maintained properly. Chairman Eddings closed the Public Comment period. Chairman Eddings stated his concern with denying property owners the right to develop their own property; the issue under consideration here is the variance, not whether a home can be built on the property. He feels that the property owner has found the best possible balance, and feels there is every reason to believe that the large tree will survive. • 103 ITEM NUMBER: B- 1 DATE: 03/26/2002 Commissioner Kelley agreed with Chairman Eddings regarding the applicant's right to build • on his lot, however he is concerned with the tree in the back of the property and feels it will probably not survive and perhaps could be taken out to enable the home to be moved back. Commissioner Norton questioned if there was a building site possible on the other portion of the lot. Community Development Director Frace stated that this would not be desirable because the lot is nearer to Highway 41 with its higher speeds and increased traffic and having a driveway that opens onto the Highway presents a safety problem. Commissioner O'Malley supports private property rights and feels that the State of California has intervened on this property decreasing the buildable area. Commissioner O'Malley remains concerned about the visual impact from both Old Morro Road and Highway 41 and would like to see more consideration given to additional landscaping on the site. Commissioner Norton stated that Mr. Graves builds a beautiful home, but she is afraid of loosing the rural character of the road by granting this variance. She feels that the road is already too narrow to permit safe parking and feels that there should be better on-site parking. Commissioner Norton would like to see a redesign of the home, perhaps omitting the porch, to prevent it from being so near the road. David Graves, applicant, addressed some of the issues raised by the Commission. He feels there are other homes on Old Morro Road that are closer to the road than the one he proposes. It is his intention to give the property across the street as open space or a scenic easement. He feels that when the home is built it will be a nice home and will be out of the critical area for the trees. If tree roots are hit during construction, it is his intention to stop and hand dig around them. He feels strongly that he wants to keep the trees on the property. Mr. Graves feels that traffic is not consistently heavy on Old Morro Road and when the home is complete there will be parking available along the edge of the street as well as in front of the garage. Commissioner Fonzi asked Mr. Graves if he would be willing to construct off-site parking by the garage area; she feels that parking on the street would present a hazard. Mr. Graves felt he couldn't answer the question without first studying the plans to determine if this would be possible. Commissioner O'Malley felt that the way the current tree ordinance reads if the house was constructed as planned and the adjacent property was not dedicated to open space, anyone could cut down the trees. Director Frace stated that under the tree ordinance single family areas are exempt from the permit requirement if there are not pending building permits, so once a home is built, the property owner has the ability to remove trees without getting a permit. Commissioner O'Malley had the following concerns: 1) Protection of the trees during construction—he would like to have a more detailed plan for tree protection, and 2) Landscaping to improve the visual impact on both roads. Mr. Graves stated that he would not be open to either of these issues. He feels there is no need for an extravagant tree plan and will follow the City's recommendations for the trees. • Commissioner Kelley indicated that this is an imperfect lot and there is not a perfect situation for it. He feels that applicant has done everything possible and Commissioner Kelley feels he 104 ITEM NUMBER: B- 1 DATE: 03/26/2002 can live with the variance. Regarding tree protection, he feels there are fences and the site will be monitored by the Planning Department and reviewed again during the planning • process. Regarding traffic, Commissioner Kelley feels that building the home will not affect the quality of the drivers on the road and one or two additional cars should not make or break the project. A discussion ensued about dedicating the adjacent property as open space. Director Frace recommended that if the Commission were add this as a condition of approval they add a trigger to indicate when they wish the dedication to be done, i.e. prior to issuance of building permits, so the applicant knows when he needs to have the easement recorded. Director Frace stated that it is a judgment call by the Commission whether or not to condition the easement; theoretically it would reduce the City's tax base by a small amount, but once there is an open space easement on the lot, it is perpetual and the property would not be developable again in the future. MOTION: By Commissioner Kelley and seconded by Chairman Eddings to adopt Resolution No. PC 2002-0002 approving Variance 2001-002, a request for an exception from the required 25-foot front setback based on findings and subject to conditions. Commissioner Fonzi asked if the Motion could be amended to allow the dedication of a tree protection easement rather than an open space easement, which would keep the property tax base while protecting the trees. Additionally, she requested consideration of allowing the applicant to work with Planning Department staff toward getting off-street parking issues • resolved. Commissioner Kelley declined to amend his Motion stating that the applicant has met the parking requirements as set forth by the City, and he feels that no one would build a house on the adjacent lot. AYES: Commissioners Kelley, Blaser and Chairman Eddings NOES: Commissioners Norton, O'Malley and Fonzi ABSTAIN: None Motion is nullified by a vote of 3:3. MOTION: By Commissioner Fonzi and seconded by Chairman Eddings to adopt Resolution No. PC 2002-0002 approving Variance 2001-002, a request for an exception from the required 25-foot front setback based on findings and subject to conditions, with the amendment that the applicant work with Planning staff to attempt to put in off-street parking, preferably by the garage, and that the area across Highway 41 be dedicated as a tree conservation easement. Commissioner O'Malley requested an amendment adding natural landscaping to mitigate the • visual impact of retaining walls or foundation. 105 ITEM NUMBER: B- 1 DATE: 03/26/2002 Chairman Eddings, felt that the applicant could come back and simply ask to remove the • trees and that the Commission would not have the right to ask for any of these things at that point. Commissioner Kelley stated that the applicant should be subject to the same rules as anyone else building a house, and as they would not be required to put landscaping around their house, the applicant should not be asked to do so. Commissioner Blaser indicated that he does not support the parking issue in Commissioner Fonzi's Motion. Chairman Eddings suggested that the applicant be required to work with staff to get a car slightly past the front of the garage in a based area adding one additional space. MOTION: By Commissioner Fonzi and seconded by Chairman Eddings to adopt Resolution No. PC 2002-0002 approving Variance 2001-002, a request for an exception from the required 25-foot front setback based on findings and subject to conditions, with the amendment that the applicant work with Planning staff to attempt to provide off-street parking, preferably by the garage, in a based area providing one additional parking space, and that the area across Highway 41 be dedicated as a tree conservation easement. AYES: Commissioners Fonzi, O'Malley, Kelley, Blaser and Chairman Eddings • NOES: Commissioner Norton ABSTAIN: None Motion passed 5:1 by a roll-call vote. • 106 ITEM NUMBER: B- 1 DATE: 03/26/2002 Regular Meeting January 15, 2002 — 7:00 P.M. • CALL TO ORDER Acting Chairman Kelley called the meeting to order at 7:09 p.m. and Commissioner O'Malley led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Kelley, Norton and O'Malley Absent: Commissioners Blaser, Bentz and Chairman Eddings Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Associate Planner Jamie Kirk, Assistant Planner Glenn Rider and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 3. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 18. 2001. MOTION. By Commissioner Norton and seconded by Commissioner Fonzi to approve the Consent Calendar. AYES.Commissioners Norton, Fonzi, O'Malley and Acting Chairman Kelley NOES: None ABSTAIN. None Motion passed 4:0 by a roll-call vote. 107 ITEM NUMBER: B- 1 DATE: 03/26/2002 City Clerk Marcia McClure Torgerson addressed the Commission giving an overview of the . itinerary and arrangements for the upcoming workshop in San Diego. Commissioners will be receiving a packet in the mail containing all necessary information. PUBLIC HEARINGS 4. PROJECT TITLE: VARIANCE 2001-0002 Applicant: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 (Agent: Kenneth Wilson, Wilson Land Surveys) Project Location: 13800 Old Morro Rd., Atascadero, CA 93422, San Luis Obispo County APN 055-243-002 Project A request for a reduction of the required 25-foot front setback in the Description: Residential Suburban Zoning District to allow the construction of a single family residence and avoid the removal of several significant oak trees. The proposed project site is currently undeveloped and located in the Residential Suburban Zoning District, and has a Suburban Single Family General Plan Designation. Environmental Class 5 Categorical Exemption: The project qualifies for a Categorical Determination Exemption under CEQA Article 19, Section 15305, Class 5a; setback variances not resulting in the creation of any new parcel. Staff That the Planning Commission adopt Resolution No. PC 2002-0002 approving Recommendation a Variance, a request for an exception from the required 25-foot front setback based on findings and subject to conditions. Assistant Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT None Acting Chairman Kelley closed the Public Comment period. Acting Chairman Kelley indicated several concerns with the project including: 1) the grade mark on the left rear of the house places the house 8 to 9 feet out of the ground where it can be seen from Highway 41, 2) the condition of the trees and the back line of the home which impedes the drip line of the trees by approximately 10 feet, and 3)the proximity of the home to the road. He suggested the applicant return with an arborist's report and a plot plan. ITEM NUMBER: B- 1 DATE: 03/26/2002 Commissioner Norton stated that she would like to have this project revisited, she is not in favor of the porch which brings the home too close to the road, she would be in favor of reorienting the home to address the issues of distance from the road and visibility. Commissioner Fonzi stated that she would be in favor of continuing this item. MOTION: By acting Chairman Kelley and seconded by Commissioner Fonzi to send this project back to staff with a recommendation for staff to work with applicant regarding obtaining an arborist's report and alternate designs for the home and lot. AYES: Commissioner Fonzi,Norton, O'Malley and Acting Chairman Kelley NOES: None ABSTAIN: None Motion passed 4:0 by a roll-call vote. Community Development Director Warren Frace explained the voting procedure for Items #3 and 4 (zone changes). Because these items deal with a change to the City zoning ordinance the requirement states that a majority of the entire Planning Commission (4 votes) must affirm any recommendations to the City Council. • 109 ITEM NUMBER: C-1 / DATE: 03/26/2002 Fw® a Fail .... ia�s� = e; is�.,e \ATA��E�to% Atascadero City Council City Attorney Roy A. Hanley Reinstitute Code Section Banning Cargo Containers RECOMMENDATION: City Council introduce for first reading by title only the draft Ordinance, adding section 8-1.103 banning the use of cargo containers and railroad cars for specified purposes within the City of Atascadero. DISCUSSION: • Background: Periodically the uniform building codes in the State of California are updated by the various bodies in charge of the various codes. California State law requires that those codes be adopted by cities. Those same laws allow the cities to adopt exceptions and variations to those codes. Atascadero traditionally has disallowed the use of Cargo Containers and railroad cars within the city limits. The City of Atascadero last updated its building code references in the year 2000. This was done pursuant to Ordinance No. 338. Staff inadvertently included former section 8-1.103 of the Atascadero Municipal Code in the sections that were being repealed by the adoption of the new uniform building codes. Staff did not intend to change this rule, and no information concerning changing this rule was presented to the City Council. Staff does not, and did not, support repealing that code section. Staff is therefore making the recommendation that it be reinstated in the Municipal Code. FISCAL IMPACT: None ALTERNATIVES: The City Council may choose not to readopt the code section. This would mean that such structures can be used in Atascadero. Staff does not recommend this alternative. ATTACHMENTS: Draft Ordinance. 110 ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ADDING SECTION 8-1.103 TO THE ATASCADERO MUNICIPAL CODE, CONCERNING THE USE OF CARGO CONTAINERS AND RAILROAD CARS THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8-1.103 is added to the Atascadero Municipal Code to read as follows: 8-1.103 Cargo containers and railroad cars. The following shall be added to Section 104(f) of the Uniform Administrative Code: 1. When proposed use is other than originally designed and/or intended as determined by the Building Official, railroad cars, cabooses, shipping containers, mobile homes, and similar assemblies, etc., may not be used, moved into or relocated within City limits without his approval. 2. Railroad cars, cabooses, shipping containers, mobile homes, and similar assemblies, etc., do not qualify as conventional construction; therefore, all design/engineering work, plans, calculations, etc., must be accomplished by a California licensed architect or engineer. 3. The use of such containers as described in section one above, is hereby declared to be a nuisance. The existence of such nuisances may be abated, at the discretion of the City Manager or the City Manager's designee in any manner allowed by this Code or by law. 4. This section shall supersede and control over sections 9-7.101 through 9- 7.116 of this Code but shall not otherwise repeal said sections. No such uses predating the effective date of this Ordinance may be continued unless permitted as described above. SECTION 2. EFFECTIVE DATE This ordinance takes effect at 12:01 a.m. on the 31 st day after it is adopted. Within fifteen (15) days after this ordinance is adopted, the City Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the City of Atascadero. • SECTION 3. HISTORY This ordinance was introduced at a regular meeting of the City Council of the City of Atascadero on and adopted by the following vote as an ordinance of the City of Atascadero at a regular meeting of the City Council on , 2002. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: Signed: Mike Arrambide Mayor of the City of Atascadero ATTEST: APPROVED AS TO FORM: Marcia Torgerson, City Clerk Roy A. Hanley, City Attorney • 112 ITEM NUMBER: D- 1 DATE: 03/26/2002 ...®,,Ara�Y ® ■� � pais ® is�e Atascader+o City Council City Manager's Office Information Bulletin A. Memorandum of Understanding between the City of Atascadero Fire Department and Air Pollution Control District The fire department has developed, in partnership with Air Pollution Control District (APCD), a Memorandum of Understanding (MOU), governing the fire hazard waste reduction plan in accordance with "APCD Rule 501". In an effort to further promote green waste recycling, the fire department has increased enforcement of the fire hazard reduction rules. The department maintains a zero tolerance policy and issues Notice of Violations when M infractions are detected, which results in a billing of actual cost reimbursement for response. The fire department continues to review alternatives to burning of hazardous vegetation, and is ipromoting. the expanded service of green waste recycling and other alternatives, such as evaluating possible use of mobile chippers, in partnership with Fire Safe Council. The fire department anticipates further restriction of burning as recycling capabilities expand. While it would be nice to eliminate all burning, it would not be practical with the size of lots and tonnage of vegetation on the western side and in isolated sections in the center of the City (i.e. Pine Mountain& Chalk Mountain). • � 1 �