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HomeMy WebLinkAboutAgenda Packet 04/09/2002 • Aligi8 1 e CITY OF A TA SCA DERO CITY COUNCIL AGENDA TUESDAY, April 09, 2002 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4th 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 Pro Tem Scalise • ROLL CALL: Mayor Arrambide Mayor Pro Tem Scalise Council Member Clay Council Member Johnson Council Member Luna S APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Proclamation declaring April 14-20, 2002, "National Library Week." 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.) • 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 26 2002 ■ City Clerk recommendation: City Council approve the City Council minutes of March 26, 2002. [City Clerk] 2. Authorization to Review Confidential Sales and Use Tax Information ■ Fiscal impact: None ■ Staff recommendation: City Council adopt the draft Resolution revising the individuals authorized to examine confidential Sales and Use Tax records of the State Board of Equalization. [Administrative Services] 3. Santa Ysabei Avenue Rehabilitation Project Bid No. 2002-001 ■ Fiscal impact: $285,000 (STIP Fund), $250,000 (Streets & Bridges Impact Fees Fund) and $149,460 (General Fund) (in FY 2001-03 Budget). ■ Staff recommendation: Council authorize the City Manager to execute an agreement with Souza Construction, Inc. to construct the Santa Ysabel Avenue Rehabilitation Project at a maximum cost of $684,460.00, including contingencies and construction engineering, and make the necessary appropriations. [Public Works] 2 4. Final Tract Map 2001-0016 - Tract 2317 Phase III - (TTM 98013) 3900 Traffic Way (Shores/Wilson) • Fiscal Impact: None ■ Staff recommendation: Council: • 1. Accept Tract 2317 Phase III; and, 2. Accept the offers of dedication for San Anselmo and Orillas Way for street purposes, public drainage easements, and public sewer easements; and, 3. Reject offers for Orillas Court for street purposes, and public utility easements for San Anselmo, Orillas Way, and Orillas Court without prejudice to future acceptance; and, 4. Authorize the City Manager to enter into a Subdivision Agreement with the Owner; and, 5. Authorize the City Manager to approve the Road Maintenance Agreement for Tract 2317 Phase lll. [Public Works] 5. Reinstitute Code Section Banning Cargo Containers - Ordinance second reading ■ Fiscal impact: None ■ City Attorney recommendation: Council introduce for second reading by title only, and adopt 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] B. PUBLIC HEARINGS: 1. West Mall Closure - request of the Atascadero Unified School District ■ Fiscal impact: Minimal costs for the installation of the 4-way stop at West Mall and Lewis Ave. and the removal of the crosswalk striping. • Staff recommendation: City Council approve the request from Atascadero Unified School District for the closure of West Mall between Lewis Avenue and Olmeda Avenue during Atascadero Junior High School hours, beginning September 2002. [Public Works] C. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): Mayor Arrambide 1. S.L.O. Council of Govern ments(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 3 Council Member Clay 1. Air Pollution Control District (APCD) 2. City / Schools Committee • D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager E. 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. I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the April 09, 2002 Regular Session of the Atascadero City Council was posted on April 02, 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 2nd of April, 2002 at Atascadero, California. Marcia McClure Torgerson, City Cler City of Atascadero 4 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. "NATIONAL LIBRARY WEEK" APRIL 14-20, 2002 WHEREAS, our nation's libraries and librarians play a vital role in connecting millions of people with the resources they need to live, learn, work, govern and thrive in the 21s' Century; and WHEREAS, American use libraries to find jobs, to learn to read, to be literate online, to find vital health facts, to research their environment and diets—and to find food for our souls; and WHEREAS,free people need free libraries, and America's libraries are the cornerstones of our democracy; and WHEREAS, librarians are the guardians of free access to information and resources. Libraries are for everyone, everywhere; and WHEREAS, every library — whether public, school, academic or special— has something unique to offer that ties its community to the very concept of a free people in a free land; and WHEREAS, libraries are places of opportunity, education and self-help. Libraries are part of the American dream; and WHEREAS, in times o economic instability, Americans turn to - and depend on — their libraries .� p and librarians; and WHEREAS, millions of people pass through the library each year, but without adequate support, library resources may not be there when we need them. We must ensure our libraries have a future with sustained funding and support; and WHEREAS, libraries and library supporters across American and beyond are celebrating National Library Week with The Campaign for America's Libraries, "@ your library"; and NOW, THEREFORE,I, the Mayor of the City of Atascadero do hereby proclaim the week of April 14-20, 2002 as "NATIONAL LIBRARY WEEK". and I encourage all residents to support and use their library. Discover or rediscover the wealth of resources available at your library. Rediscover America @ your library.. WITNESS THE OFFICIAL SEAL OF THE CITY OF ATASCADER0: J. Michael Arrambide, Mayor City of Atascadero, California April 9, 2002 � � 00 ITEM NUMBER: A- 1 DATE: 04/09/2002 �rAa;e e,■ f 1918 a DRAFT MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, MARCH 26, 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 not reportable action taken. REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:00 p.m. and Council Member Clay led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Luna, Johnson Scalise and Mayor Arrambide Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham CC 03/26/02 _ _ 002 Page 1 ITEM NUMBER: A- 1 DATE: 04/09/2002 Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Public Works Director Steve Kahn, Assistant City Manager Brady Cherry, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Johnson to approve the agenda. Motion passed 5.0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring April 2002 the "Month of the Young Child" and April 13, 2002 as the "Day of the Young Child." Mayor Arrambide read the proclamation, and presented it to Carol Capito of the San Luis Obispo Child Care Planning Council who accepted the proclamation and thanked the Council for their support. COMMUNITY FORUM: Daphne Fashing asked if the public would be allowed to address the Council after the close of a hearing at the discretion of the Mayor. Mayor Arrambide responded that the Council had considered this issue and chose to leave it as is, at the discretion of the Mayor. Jim Hanson, 7275 Tecorida, thanked Public Works Director Steve Kahn for his presentation concerning roads last night. He stated that his street had been well maintained for the last decade by the residents. Several months ago the City required the residents to stop maintaining the roadway and as a result, the street has now become nearly undriveable. The residents have been told that they, and not the City, must assume the liability for unmaintained roadways, and they would like an explanation of why they cannot maintain the road if they are liable for it. The residents of Tecorida' are asking the City to allow them to maintain the roadway as they have done in the past. Mayor Arrambide stated that he has spoken to Public Works Director Steve Kahn about this issue and the Council will be hearing a proposal at the Council's second meeting in April regarding the encroachment permits and privately maintained streets. Mayor Arrambide closed the Community Forum period. CC 03/26/02 003 Page 2 ITEM NUMBER: A- I DATE: 04/09/2002 COUNCIL ANNOUNCEMENTS AND REPORTS: 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. Atascadero State Hospital Executive Director Mel Hunter responded to the comments made at the Council meeting of February 26, 2002 concerning working conditions at the Hospital. He covered the issues of security, staffing, bed capacity, multiple patient behavioral incidents and methods in which patients are committed to ASH and receive treatment. Mr. Hunter answered questions of the Commission. (See Attachment A) PUBLIC COMMENT David Broadwater, Portola Road, stated Mr. Hunter did not address his concerns. He asked the Council to direct an- independent investigation into the operations of ASH. Nancy Henry, Psychiatric Technician for 22 years, now retired, concurred with Mr. Broadwater that there is a problem at ASH with overcrowding, understaffing, etc. Bill Oliver, Chief Steward California Association of Psychiatric Technicians, agreed that there are problems at ASH that need to be addressed. J.D. Main, 9340 Maduro Lane, explained some of his experiences while employed at ASH. Mayor Arrambide closed the Public Comment period. Council Member Luna suggested sending this information to Senator O'Connell and Assemblyman Maldonado for review. Council Member Luna made a motion to send this information, under cover of a letter from the Mayor to our legislators, asking that it be forwarded to the Public Safety Committee. Council Member Clay seconded the motion. Council Member Johnson felt this action would be outside of the Council's realm of responsibility and oversight. He stated this information has already gone to the legislators from the people who have come to the Council with it. Council Member Johnson said he feels it is the responsibility of the State to handle this problem; he does not feel he has the knowledge to make a reasonable judgment on it. CC 03/26/02 004 Page 3 ITEM NUMBER: A- l DATE: 04/09/2002 Mayor Arrambide agreed that there are issues here, but he is not in favor of the motion. He strongly believes there are issues within those raised tonight over which the Council has control, such as affordable housing, and feels the Council . has a mandate to work on those issues. Council Member Clay felt Council was not taking a position but rather simply gathering information and passing it along. Council Member Luna agreed with Council Member Clay that the Council is basically forwarding this information and that the public safety issues both inside and outside of the State Hospital area political question. Mayor Pro Tem Scalise stated that there is a liaison between the City of Atascadero and the State Hospital and if there is something that the Council could do to enhance Mr. Hunter's ability to maintain security, the Council should extend their offering of service in some form, a letter, etc., as this is the object of the liaison relationship. She assured Council that all the information presented this evening has been discussed at length in many advisory committees with State personnel present. Therefore, Council would not be sending up any new information that the State has not already heard. Council Member Clay agreed with Mayor Arrambide on the affordable housing issue. He understands what Mayor Pro Tem Scalise is saying, but feels the information should be passed on without taking a stand on it one way or the other. MOTION: By Council Member Luna and seconded by Council Member Clay to send this information, under cover of a letter from the Mayor to our legislators, asking that it be forwarded to the Public Safety Committee. Motion failed 2:3 by a roll-call vote. (Johnson, Scalise and Arrambide opposed.) Council Member Johnson stated that having voted no, he feels they must still work closely with the State Hospital and keep the lines of communication open. Council Member Clay indicated that the reason he voted yes is that he feels if Council can do something good such as enhancing staffing patterns or draw attention to the vacant positions at ASH, etc., they should. A. CONSENT CALENDAR: 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] CC 03/26/02 Page 4 005 ITEM NUMBER: A- I DATE: 04/09/2002 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] 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] CC 03/26/02 006 Page 5 ITEM NUMBER: A- I DATE: 04/09/2002 Council Member Luna requested that Consent Calendar Items #A-4 and A-7 be pulled. MOTION: By Council Member Johnson and seconded by Council Member Luna to approve Consent Calendar Items #A-1, 2, 3, 5, 6, 8 and 9. Motion passed 5:0 by a roll-call vote. (Item #A-6 Ordinance No. 392, Item #A-9 Resolution No. 2002- 009) Item #A-4: Council Member Luna asked Public Works Director Kahn about the outcome of Maureen Hoover's problem. Director Kahn stated that he had met with Ms. Hoover and decided that the City would fill in the culvert underneath her driveway. The City Public Works maintenance crew will be doing the work. MOTION: By Council Member Luna and seconded by Council Member Johnson to approve Consent Calendar Item #A-4. Motion passed 5:0 by a roll-call vote. Item #A-7: Council Member Luna stated that he would be voting no on this item as there was no provision for affordable housing and that it was a conversion from multifamily to single-family residential. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Johnson to approve Consent Calendar Item #A-7. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Ordinance No. 393) 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] Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Patricia Cullinan, Appellant, explained her concerns with the variance on this project. David Graves, Applicant, answered questions of Council. CC 03/26/02 007 Page 6 ITEM NUMBER: A- I DATE: 04/09/2002 Eric Greening, 7365 Valle, questioned the fire safety of this project. He also stated that variances should not be routine. Joshua Gwiazda, 13615 Old Morro Road, stated he is not opposed to a house on this site, but he is opposed to building it so close to the road. Joan O'Keefe, 9985 Old Morro Road East, urged the Council to require a tree protection plan on this project. Ann Martin Tognazzini, Falcon Road, expressed her strong objections to this variance and stated that on-street parking would be a hazard on this street. Lydia Beam, 13595 Old Morro Road, expressed her opposition to the variance on this project. Maria Goldman, 14490 San Miguel Road, stated her opposition to the variance and is concerned with the look of fences along Highway 41 , which are used when houses are built this close to the road. Bill Stokes, 13677 Palo Verde Road, stated he is not opposed to Mr. Graves building a house on this property, but is opposed to granting the setback variance on this project. Edward English, Old Morro Road, urged the Council to deny the variance on this project, which he feels, will create a visual and safety blight. Patricia Cullinan clarified that she feels the applicant's house is fine and is only objecting to the safety issues. Additionally she feels the tree report on this project is inadequate. David Graves stated that he believes his project is good and does not present a safety risk. Mayor Arrambide closed the Public Comment period. Council Member Johnson stated that the way the project is currently configured, with the garage flush, does not seem to be a good design. He feels if there were a way to turn around in the yard and drive out of the property, much of the neighbor's safety concern would be addressed. He would like to see the garage re-adjusted to provide the excess space necessary. Council Member Clay indicated that he had looked at the trees on this property and they are unique, old and provide some screening effect to the property from the highway. He would like to see the garage set back, but does not see the safety issue with backing out of the driveway. CC 03/26/02 }'"�S Page 7 v t� ITEM NUMBER: A- 1 DATE: 04/09/2002 Mayor Pro Tem Scalise commented that she had a near hit recently on the road in question, and she cannot justify the saving of trees where the safety of individuals is concerned. It is her opinion that the trees need to go and the house set back. Council Member Luna supports keeping the trees and feels it is possible to save the trees and have the 25-foot setback with a respectable building footprint. Mayor Arrambide felt this house has proximity to the right-of-way more severely than is experienced in the downtown commercial areas. He feels that even if a way can be found to get the cars on the property with the house placed as proposed, it creates a visual blight and is out of character for a rural area. MOTION: By Council Member Luna and seconded by Mayor Arrambide to uphold the appeal and deny the variance and tree removal permit and ask for a redesign of the house and site plan. Motion passed 4:1 by a ro/%ca// vote. (Johnson opposed) 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] City Attorney Roy Hanley gave the staff report and answered questions of Council. PUBLIC COMMENT David Graham, City Treasurer, stated that where he lives there are several of these containers used by commercial operations for storing trash. He would like to see these removed and supports this ordinance. Lon Allan, 6815 Santa Lucia, stated he supports this ordinance. Mayor Arrambide closed the Public Comment period. MOTION: By Council Member Luna and seconded by Council Member Johnson for the Council to 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. Motion passed 5.0 by a roll-call vote. CC 03/26/02 009 Page 8 ITEM NUMBER: A- I DATE: 04/09/2002 D. MANAGEMENT REPORTS: 1 . Information Bulletin A. Memorandum of Understanding between the City of Atascadero Fire Department and Air Pollution Control District. Fire Chief Kurt Stone spoke on this item and answered questions of Council. E. COMMITTEE REPORTS: Mayor Arrambide 1. County Mayor's Round Table: Meets April 5`h and they are working on meeting in Atascadero in conjunction with recognizing Barbie Butz. Council Member Luna 1. Integrated Waste Management Authority (IWMA): Has formed a subcommittee consisting of Council Member Luna, Supervisors Mike Ryan and Harry Ovitt, and David Elliot to meet with Paso Robles regarding joining the IWMA. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Johnson commented that an individual is being brought in to do a briefing on affordable housing with paneled housing, Thursday, Creek Side Center, 3:00 p.m. City Clerk The City Clerk reported that no applications have been received yet for the Planning Commission positions. There was Council consensus to continue advertising for the positions. City Treasurer The City Treasurer reported that the Public Works Director has told him that he will be having his street paved ,this spring at no cost to himself because he lives on a City maintained street. He will, however, be signing a petition to have an assessment district formed for his street (Santa Ysabel) and he challenged the Council to do the same for their streets. He feels this is important for the financial well being of the City. City Manager is The City Manager reported that the City has opened bids for paving Santa Ysabel and they have come in lower than the City Engineer's estimate. CC 03/26/02 010 Page 9 ITEM NUMBER: A- 1 DATE: 04/09/2002 Mr. McKinney announced that April 13`h will be a free waste day. Mr. McKinney asked for clarification on the motion for Item #13-1 . It is his understanding that the appeal was granted, variance denied and house to be redesigned to fit the site, and try to save the trees. Mayor Arrambide and Mayor Pro Tem Scalise stated that they did not believe there was a comment to try to save the trees. Mayor Pro Tem Scalise wanted it made clear that she did not support a motion that said the applicant has to save those trees. Community Development Director Frace stated that it was his understanding that if the applicant wishes to remove the trees, that the issue is referred back to the Planning Commission to go through the proper tree removal process. Mayor Pro Tem Scalise asked for reconsideration of the motion for Item #13-1 . Mayor Arrambide asked for those in favor of reconsidering the motion so signify by saying aye. AYES: Council Members Clay, Scalise and Mayor Arrambide i NOES: Council Member Luna ABSTAIN: Council Member Johnson Motionassed 3:1 b a voice vote. P Y Council Member Johnson, after clarifying that he would be permitted to vote for reconsideration voted aye. MOTION: By Council Member Johnson and seconded by Council Member Clay to grant the appeal thereby denying the variance, and approve a tree removal permit to remove the three native trees subject to mitigation consistent with the Native Tree Ordinance. Mayor Arrambide stated that #3 says, "The Council may deny the variance and the tree removal permit." He questioned whether Council wanted to strike those words as there was no tree removal permit in process. Council Member Johnson asked for clarification on that language. Community Development Director Frace stated that the intent of #2 is to approve the tree removal; the intent of #3 is not to approve the tree removal. CC 03/26/02 ;'} Page 10 ITEM NUMBER: A- 1 DATE: 04/09/2002 Council Member Johnson stated that the motion he was trying to make was to approve the tree removal and deny the variance. • MOTION: B Council Member Johnson and seconded b Council Member Y Y Clay to grant the appeal thereby denying the variance, and approve a tree removal permit to remove the three native trees subject to mitigation consistent with the Native Tree Ordinance. Motion passed 4:1 by a roll-call vote. (Council Member Luna opposed.) G. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 10:00 p.m. to the next regularly scheduled meeting on April 9, 2002. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk Attachment A — Mel Hunter, Atascadero State Hospital CC 03/26/02 ,� Page 11 V Attachment: A Atascadero City Council Meeting March 26, 2002 ATASCADERO CITY COUNCIL MEETING MARCH 26, 2002 RESPONSE TO PUBLIC COMMENT STATEMENTS ON FEBRUARY 26, 2002 The following is the position taken by the Atascadero State Hospital in response to issues raised by an individual during the open forum portion of Atascadero City Council meeting on February 26, 2002. Securi Security is first and foremost among Atascadero State Hospital's tri-fold mission of protection, treatment and evaluation. Security supersedes every action taken and every decision we make. There have been escape attempts and two successful escapes in the past ten years; one escapee was never apprehended-- there should have been none. After each of these events the hospital took immediate action to block the routes of access. The community has a right to demand the highest level of security at ASH. This year alone the hospital will make more than $2 million in security improvements that will include additional high security fencing on the grounds and the addition of new monitoring devices to the roof system. Recently Mel Hunter, Executive Director, met with Assemblyman Abel Maldonado, who this year has introduced legislation (Assembly Bill 1755) to strengthen the penalty regarding escape to a felony by those committed as Sexually Violent Predators (SVP). Currently there are no disincentives for an SVP who attempts an escape. Staffing No unit operates below the minimum-staffing ratio established by a 1981 court order for all State hospitals. Staffing is increased based on a patient acuity rating formula, an assessment conducted every eight hours on each unit to identify illness-related needs to increase the number of nursing staff present. This enhancement is accomplished through a variety of means such as the presence of regular staff scheduled on the unit, the use of Registry personnel, and overtime. A reference has been made to a US Department of Justice Civil Rights Division investigation of alleged unconstitutional conditions of patient confinement. This eight-year investigation was closed on March 30, 1990. During the investigation, in 1984, a findings letter was issued advising;of deficiencies and outlining minimum measures needed to correct those deficiencies. The closing report in 1990 acknowledged that significant improvements had been made and suggested an increased effort to hire more professional and direct nursing care personnel. Since that time we have experienced a 20% increase in professional and direct nursing care positions. Atascadero State Hospital currently employs 013 Atascadero State Hospital Atascadero City County Meeting Page 2 March 26, 2002 over 2,000 employees for just over 1,000 patients. Over $100 million of our $130 million annual budget is for staff wages and benefits. Atascadero State Hospital actively continues the effort to fill all of our budgeted nursing positions. The hospital has tripled the size of the Psychiatric Technician (PT) training program through Cuesta College as a tool for recruitment, and recently graduated three of the largest PT classes in the history of the program. Bed Capacity The hospital is below the licensed bed capacity, and in fact has four units that are completely vacant. During September and October 2001, a limited number of units exceeded the assigned bed capacity as we prepared to move patients into newly constructed units. However, an advance approval was received for a temporary-licensing waiver from the Department of Health Services. Multiple Patient Behavioral Incidents Although behavior involving multiple patients who threaten staff and refuse to follow direction is uncommon, it remains a significant concern. At the February 26 Council meeting, reference was made to an event occurring at the hospital in October 2001 on unit 23. This involved patients who were awakened by and became irate at a peer on the unit. A concerted effort by staff was required to restore order to the unit. As with all unusual events, it was well documented and widely discussed by the Administration and hospital staff. There was no furtive action on the part of the patients, and no physical violence, property damage, or injury to staff or patients. Still, such behavior cannot be tolerated. Measures for control currently include the use of seclusion and restraint, rapid response by hospital police, the use of administrative isolation by police, the use of video equipment, and criminal prosecution when appropriate. The hospital continues to look for opportunities to improve our effectiveness in dealing with these situations. Method in which Patients are committed to ASH and receive treatment. Atascadero State Hospital-is legislatively mandated to treat patients committed for treatment under California's SVP law. There are four additional legal categories under which individuals are committed for treatment by the courts and the California Department of Corrections; they are: • Incompetent to Stand Trial • Not Guilty by Reason of Insanity • Mentally III Prisoners • Mentally III Offenders Paroled to ASH 014 Atascadero State Hospital Atascadero City County Meeting Page 3 March 26, 2002 By providing professional care for the most stigmatized and deviant members of society, the Atascadero State Hospital staff provides an extremely important public service. Working with the criminally insane and habitual sex offenders is at times difficult and emotionally taxing. The staff is to be commended for their stalwart daily efforts—extraordinary efforts that often go unappreciated by those in the community. In conclusion, the hospital has a steadfast commitment to safety and security. This commitment is apparent in daily activities, the development of policies, and in response to evolving needs. It is accepted as fundamental to custody, the delivery of treatment to patients, and in the protection of staff and the community at large where we live together and raise our families. The community is invited to attend Atascadero State Hospital's Quarterly Community Meeting/Open House to receive information regarding the hospital and security, as well as to share concerns. The next open house will be held Wednesday, April 3, 2002, at 7:30 p.m., in the hospital's Large Conference Room. 015 ITEM NUMBER: A-2 DATE: 04/09/2002 .:Via '1 1918 a 19 9 Atascadero City Council Staff Report- Administrative Services Department Authorization to Review Confidential Sales and Use Tax Information RECOMMENDATION: City Council adopt draft Resolution revising the individuals authorized to examine confidential Sales and Use Tax records of the State Board of Equalization. DISCUSSION: In order to receive confidential sales tax information from the State, the City must have a resolution on file with the State Board of Equalization naming individuals who are authorized to receive this information. The current City of Atascadero Resolution #106-91 is outdated. It names two individuals who are no longer with the City as the authorized personnel. The proposed replacement resolution names the City Manager and Administrative Services Director as authorized individuals for the City. FISCAL IMPACT: None ATTACHMENTS: Draft Resolution 016 DRAFT RESOLUTION A RESOLUTION OF THE. ITY C COUNCIL OF THE CITY OF ATASCADERO AUTHORINZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 3, the City of Atascadero entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of Atascadero deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the City pursuant to that Contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board; NOW, THERFORE, the City Council of the City of Atascadero hereby resolves as follows: Section 1. The City Manager has the authority to examine Sales and Use Tax records. That the City Manager, or other officer or employee of the City designated in writing by the City Manager to the State Board of Equalization (hereafter referred to as Board), is hereby appointed to represent the City with authority to examine sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to the contract between the City and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to that contract. Section 2. The Administrative Services Director has the authority to examine Sales and Use Tax records. That the Administrative Services Director or officer or employee of the City designated in writing by the Administrative Services Director to the Board, is hereby appointed to represent the City with authority to examine those sales and use tax records of the Board, for purposes related to the following governmental functions of the City: (a) Financial Management (b) Sales Tax Budget (c) Business License Management (d) Potential Management of Redevelopment Agreements 017 Draft Resolution April 8,2001 Page 2 of 3 The information obtained by examination of Board records shall be used only for those governmental functions of the City listed above. Section 3. Hinderliter, de Llamas & Associates has the authority to examine Sales and Use Tax records. That Hinderliter, de Llamas & Associates is hereby designated to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the City to examine those sales and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to the officer or employee authorized under Section 1 (or section 2) of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records, after that contract is expired. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to the contract between the City and the Board and for purposes relating to the governmental functions of the City listed in section 2 of this resolution. Section 4. Supersedes all prior resolutions. That this resolution supersedes all prior resolutions of the City Council of the City of Atascadero adopted pursuant to subdivision (b) of Revenue and Taxation Code Section 7056. 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: 018 ITEM NUMBER: A-3 H ai' vim" DATE: 04/09/2002 ila`j o is Atascadero City Council Staff Report - Public Works Department Santa Ysabel Avenue Rehabilitation Project Bid No. 2002-001 RECOMMENDATION: City Council: 1) Authorize the City Manager to execute an agreement with Souza Construction, Inc. to construct the Santa Ysabel Avenue Rehabilitation Project at a maximum cost of$684,460.00, including contingencies and construction engineering, and make the necessary appropriations. 2) Authorize the Administrative Services Director to appropriate an additional $114,300 in Local Transportation Funds. DISCUSSION: Design of the Santa Ysabel Avenue Rehabilitation Project has been completed. Bids were received and publicly opened on March 26, 2002. Souza Construction Inc. submitted the lowest responsive bid, in the amount of$557,007.40. The project includes the rehabilitation of Santa Ysabel Avenue from Curbaril Ave to State Route 41. The project will widen the road and rehabilitate the asphalt surface. Drainage facilities will be constructed and utilities will be relocated. Pedestrian facilities will be completed along the entire length of the project. Traffic calming features of bulb-outs, traffic circles and a 4-way stop are included in the project. In accordance with the City procurement policies, the award of the contract requires Council approval. A bid summary prepared by the City Clerk and an itemized bid summary are included in this report for reference. The bids have been checked for completeness and accuracy. Staff finds Souza Construction Inc. to be the lowest responsive bidder. An additional $ 114,300 was necessary because the design was more expensive than originally estimated and the original estimates did not include utility pole relocation. We are still negotiating with PG & E regarding the pole relocation and it is possible that it may be done at no cost to the City. Wmtorgerson\My Documents\Staff Reports\Staff Reports 2002\040902-Santa Ysabel Rehab.doc 020 ITEM NUMBER: A-3 DATE: 04/09/2002 FISCAL IMPACT: The fiscal impact of the contract award is $557,007.40. These funds are budgeted, however an additional $ 114,300.00 in Local Transportation Funds must be added to the total project budget. It should be noted that the project includes almost $150,000.00 from the General Fund. PROJECT FUNDING STIP Funds $ 318,000.00 Streets and Bridges Impact Fees Fund 250,000.00 General Fund 149,460.00 Local Transportation Funds 114,300.00 TOTAL PROJECT FUNDING $ 831,760.00 PROJECT EXPENDITURES Construction $ 557,007.40 Contingencies @ 10% 55,700.74 PG & E Pole Relocation 40,000.00 Construction Engineering (Inspection, Contract Administration, Survey, 55,701.86 Soils Testing) Plans, Specifications and Estimates 113,350.00 Right of Way 10,000.00 TOTAL PROJECT EXPENDITURES $ 831,760.00 ALTERNATIVES: 1. Award Contract 2. Do not Award Contract If the project is not constructed, there will be accelerated deterioration of the already badly deteriorated pavement surface, and continued hazards associated with narrow travel lanes. ATTACHMENTS: Attachment A - Bid Summary Attachment B —Itemized Bid Summary Wmtorgerson\My Documents\Staff Reports\Staff Reports 2002\040902-Santa Ysabel Rehab.doc 021 21 City of Ataseadero Office of the City Clerk BID SUMMARY TO: Steve Kahn Public Works Director FROM: Marcia McClure Torgerson City Clerk BID NO.: 2002-001 OPENED: March 26, 2002 PROJECT: Santa Ysabel Avenue Rehabilitation Project (7) Bids were received and opened today, as follows: Total Sum Total Sum Total Sum Total Sum Total TOTAL Bidder of Reach 1 of Reach 2 of Reach 3 of Reach 4 Sum of BASE BID General (1-4+General) Diani Construction O Box 636 $69,225 $339,371.50 $47,308.10 $169,962 $10,945 $636,811.60 Santa Maria, CA Granite Construction PO Box 6744 $83,806 $424,259 $69,695 $168,547 $10,356 $756,663 Santa Barbara, CA Madonna Construction PO Box 3910 $69,756 $315,214.50 $43,787 $121,416 $10,320 $560,493.50 San Luis Obispo, CA 93403 Souza Construction PO Box 3903 $61,209.75 $310,524.25 $46,651 $127,626.40 $10,996 $557,007.40 San Luis Obispo, CA 93403 R. Burke Construction PO Box 957 $75,014 $331,066 $55,498 $134,363 $10,900 $606,841 San Luis Obispo, CA 93406 Whitaker Construction PO Box 910 $55,195 $355,023.25 $67,820.50 $207,185 $14,713 $699,936.75 Santa Margarita, CA Union Asphalt PO Box 1280 $70,531 $365,962.82 $59,870 $144,052.90 $10,662 $651,078.72 Santa Maria, CA 93456 Otachments: 7 Bids 022 O888888888888 $ 88 $ 8 $ 88 88388888888 N gg " $ g82 - �s1 e- p$ $ A 0QC 1N1NN0HHNPNN N ; 1NN aNateNNNtp _ 00 � QQQ7 M H H H N M H N N N N N N V O 2 a M 2 N00 - 8888888888 a 88888� V8l8888 LU 88888sgs8888888888888888888N8H88p� 88p8 pp8p7 � 8N g8 N co O 6*GOD. 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CLr—C-4 }3 w % k . .) �- � m7 V) � �k k }© 64 8888 G kIE U. E . § 0 LU # # ■ # # 8888 ¥ # # q cr § K8 § ug/ ¥ 2 � §� k2A § kk § u 2- 2 §K§k vw o � q # ■ ■ # 2 � 2 § 2A LU P 6-k § z z xxMM9 J0§ z uuuuw « w k § § § § k kan IL CL . \ to Io B § 2 &\f I 2 U) § § a. � Ui & & ons ■ � z oo we _ wivi � 2 Q ITEM NUMBER: A-4 DATE: 04/09/2002 1918 Q 1-97-9 Atascadero City Council Staff Report- Public Works Department Final Tract Map 2001-0016 (Tract 2317 Phase III) [TTM 98013] 3900 Traffic Way (Shores/Wilson) RECOMMENDATION: Council: 1. Accept Tract 2317 Phase III. 2. Accept the offers of dedication for San Anselmo and Orillas Way for street purposes, public drainage easements, and public sewer easements. 3. Reject offers for Orillas Court for street purposes, and public utility easements for San Anselmo, Orillas Way, and Orillas Court without prejudice to future acceptance. 4. Authorize the City Manager to execute Subdivision Agreement with Owner. 5. Authorize the City Manager to execute Road Maintenance Agreement for Tract 2317 Phase III DISCUSSION: Tentative Tract Map 98013 was approved by the City Council on November 9, 1999 in conjunction with General Plan Amendment 98002 and Zone Change 98004 (Davis Property Cluster Subdivision). The tentative map approval allowed the subdivision of 39.9± acres into 36 single-family lots, 3 industrial lots, 1 parkland lot and 1 open space lot. Additionally, the City Council, on November 27, 2001, approved a Zone Change, and an amendment of the Tentative Tract Map and the Master Plan of Development. The tentative map approval allows for the recording of phased final maps. This acceptance is for the third phase Final Map consisting of 11.3± acres, which will create 15 single-family lots, a 5.13-acre permanent private open space easement, public utility easements, and a portion of San Anselmo. 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. No offers of dedication are made on this map. Staff has determined that the Final Parcel Map is consistent with approved Lot Line Adjustment. 026 ITEM NUMBER: A-4 DATE: 04/09/2002 FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Engineer's Estimate Exhibit B: Final Tract Map 2317 Phase III Exhibit C: Subdivision Improvement Agreement Exhibit D: Road Maintenance Agreement 027 ITEM NUMBER: A-4 Exhibit A—Engineer's Estimate 04/09/2002 Final Tract Map 2001-0016 (2317 Phase III) 900 Traffic Way ui vi Oct g CO M 6Cl9 w � 0 0 � ls� iH S $ S $ SoSSS00 S 0 O SW Uf V14p�� COCOpopp Ln0 X07 x000 OOONO ONn Cq4% N Npp S�p Vi� 64 r � a .Lq Cl)W �a y}w4;gd _ 6949 K!H w :E I p p 8 ` IO O 8C 8 " ASO SS tiQ OC OSOOQQQOS S fA Y!$ S W NiAiR b N� S to w M yy! t5 fA K ON N V w I H � %9 U ¢ QQQQ cg C J J � JJ� U) Utnu� WWLL7 m a o �n o co v o 0 in K 1� CIA NMS O v M c ;Cy O uj E s m 9 � (D O LZO tMtoto9 a E � .. E p E 1p > c Evj t0 N U lA �i N IC41 F1 -H � lul C O Z 028 Exhibit A-Engineer's Estimate Final Tract Map 2001-0016 (2317 Phase III) 3900 Traffic Way g g 8 6 M to tipj M 1Ld K a �1 it g8g8O8N8Se�O58t �N .- NppN69NM 00008ppN qC Ld O0WppOpC% too a0 NON N f0 � NN g0u'l $ N N �N yq�fA W N fRN N 8S8g8ggSSg 88 �88QQp8p�p BBSoyoo88$ g $ KIpa 8 oQ ppq pp ONN �j CQ� 4�D �CfvtO to� O �N�O ^ � w t+I � N N N N N N F I N N►N LLLLLLQQQQQQQQQQQQQQQQQ¢a JJJ W W W Lll J v J,JJUW W WNJJ JJJW(iJwW W W W W W�� a ll7 a a pONNNdretr t() r rM1l1r lfl N p� !7 O l� W O W d {I @m N C Aa 49 C� CD c a� DEE > rn A m > c O 01 c _ 8IC L 2c• w 1' c E .+ L c 3 � _ cb B �i� Eti wS r > v m m w EES gc � � m� � � $ � 9 s Cc `cQ � Ed > � e m � aiZ�S� � v�y�� QE83 � � u - - � � a r�'� { � vv E 2Sf3 8 $ ' Lp� 2 b� E i T 3 3 H � . � 3t� aba7I.J cbrE'm m� �iCL � rn 2 ;"� Exhibit A—Engineer's Estimate Final Tract Map 2001-0016 (2317 Phase III) 3900 Traffic Way I $ ~ N�4 ir�f VIM W M 41F Y9� - 8 $8 $ 2ilzi N W F- MM JJJ � JJ mo B 2 0 0 0 Y C O w a i ►- U i1 C7 tan � C) a a� c LA 3 030 Exhibit B—Final Tract Map 4 Final Tract Map 2001-0016 (2317 Phase III) 3900 Traffic Way 2 0 a � w S anon 7GNiw . I ms 10 I / / $ 3t7O1Y11 A .A N Li g .aaµ 3 i 4 o 1 �$ 1 ■■� tit Cn n � �A ) m trY nwr '' caw ' Q t nstrw Huss w,so�us � . ` SON fag JO SISV8 k' E ¢ � y O i R F S 7 hWsotvM 3 � e 71 1 031 Exhibit C—Subdivision Improvement Agreement 4 Final Tract Map 2001-0016 (2317 Phase III) 3900 Traffic Way 2 FOR RECORDER USE ONLY RECORDING REQUESTED BY: City of Atascadero WHEN RECORDED MAIL TO: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA. 93422 CITY OF ATASCADERO SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: Jimmie D. Shores SUBDIVISION: Traffic Way(Tract 2317) Phase III ESTIMATED TOTAL COST OF IMPROVEMENTS: $367,072 This Agreement made and entered into by and between the City of Atascadero, a municipal corporation of the State of California (hereinafter referred to as "City") and Jimmie D. Shores (hereinafter referred to as"Subdivider"). RECITALS A. Subdivider has presented to the City Council of the City of Atascadero Tract Map 2317 Phase 3 for approval but not all of the improvements required or conditions imposed by Title 11, Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero Municipal Code have been completed or performed. B. Subdivider desires to record Tract Map 2317 Phase 3 after the same has been approved by the City Council of the City of Atascadero. C. The Subdivision Laws establish as a condition precedent to the approval of a parcel map that Subdivider must have either completed, in compliance with City Standards, all of the improvements and land development work required by Tract Map 2317 Phase 3 or have March 25,2002 1 Tract 2317 Phase 3 Agreement Page 1 of 5 032 3 2 ITEM NUMBER: A-4 DATE: 04/09/2002 entered into a secured agreement with City to complete the improvements and land development within a period of time specified by City. D. In consideration of approval of Tract Map 2317 Phase 3 by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at the Subdivider's own expense, all of the public improvement work required by City in connection with Subdivision. E. Improvement Plans for the construction, installation and completion of the improvements have been prepared by Subdivider and approved by the City Engineer. The Improvement Plans for Tract Map 2317 Phase 3 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The Estimated Total Cost of Improvements is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. Subdivider recognizes that by approval of Tract Map 2317 Phase 3, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the subdivision, and has taken the final act necessary to construct the public improvements within the subdivision. As a result, City will be damaged to the extent of the cost of installation of the improvements bySubdivider's failure to perform its obligations under this Agreement, including, but not limited to,Subdivider's obligation to commence construction of the improvements by the time established in this Agreement. City shall be entitled to all remedies available to it pursuant to this Agreement and law in event of a default by Subdivider. It is specifically recognized that the determination of whether a reversion to acreage or rescission of Tract Map 2317 Phase 3 constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of City. NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal Code, Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of the approval by the City Council and the filing of Tract Map 2317 Phase 3, the parties hereto do promise and agree one with the other as follows: 1. Subdivider is to make and complete all of the improvements for Tract Map 2317 Phase 3 as shown on the Improvement Plans thereof and as required and set forth in Title 11, Chapter 8, Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, or as amended. 2. It is further understood and agreed by and between the parties hereto that the improvements as required by the conditions of approval for Tract Map 2317 Phase 3 shall be completed within one year from the Date of Agreement. These improvements include, but are not limited to the following: those shown on the plans accepted by the City Engineer and on attached Exhibit A. 3. The Subdivider promises and agrees to complete all improvement work referred to hereinabove to the satisfaction of the City Engineer. March 25,2002 Tract 2317 Phase 3 Agreement Page 2 of 5 r` 3 3 ITEM NUMBER: A-4 DATE: 04/09/2002 4. If said improvement work is not completed within one year of the Date of Agreement, the Subdivider agrees that the City may elect to complete the same. 5. In the event the City elects to complete said work or improvement, the Subdivider agrees that the City may exercise it's option to declare the bond or deposit, as hereinafter described, forfeited and utilize the proceeds, including any interest, to complete said improvements or that the City may complete said improvements and recover full cost and expense thereof including reasonable attorney fees from the Subdivider and his/her surety. 6. The Subdivider shall, prior to submitting the map for filing, file an improvement security with the City, in a form acceptable to the City Attorney, in the amount of the Estimated Total Cost of Improvements, which is the amount deemed sufficient by the City Engineer. In no case shall the improvement security be less than 100% of the Estimated Total Cost of Improvements. Further, the Subdivider shall file a security for labor and materials in the amount of the Estimated Total Cost of Improvements. The security for labor and materials shall be no less than 50% of the Estimated Total Cost of Improvements. Periodic progress payments may be authorized to the Subdivider as the improvements are completed if adequate security remains as determined by the City Engineer, however, no such progress payments shall be made for more than 90% of the value of any work. Progress payments shall only be paid on work that is completed to the satisfaction of the City Engineer. 7. The Subdivider hereby agrees that after the completion and acceptance of the improvements as specified in paragraphs 2 and 3, 10 of the improvement security shall be retained for the guarantee and warranty of the work for a period of one year. 8. It is understood and agreed by and between the parties hereto that this Agreement shall bind the heirs, executors, administrators, successors, and assigns of the respective parties to this agreement. 9. In the event legal action is taken to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover costs to enforce the Agreement, including reasonable attorney fees. 10. The Subdivider shall, defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance and attempted performance of the provisions hereof, or in any way arising out of this Agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Property Owner or of agents, employees, or independent contractors directly responsible to the Property Owner, providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Applicant, the Property Owner's agents, employees, or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require the Property Owner to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. March 25,2002 Tract 2317 Phase 3 Agreement Page 3 of 5 034 ITEM NUMBER: A-4 DATE: 04/09/2002 11. Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City. 12. Sale or other disposition of this property will not relieve Subdivider form the obligations set forth herein. Subdivider agrees to notify City in writing at least 30 days in advance of any actual or pending sale or other disposition of the property. If Subdivider sells the property or any portion of the property within the Subdivision to any other person, Subdivider may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities,Subdivider may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Paragraph 2 for the work or improvement done by Subdivider. 13. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City: City: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subdivider: J immie D. Shores S urety: 14. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 15. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 16. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of City, the appropriate party shall be the City Manager. IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has caused these presents to be signed by its duly sworn and authorized officers the day and year first hereinabove written. CITY OF ATASCADERO March 25,2002 Tract 2317 Phase 3 Agreement Page 4 of 5 035 ITEM NUMBER: A-4 DATE: 04/09/2002 Approved as to content: By: Wade G. McKinney Steven B. Kahn, P.E. City Manager C ity E ng inee r Attest: Approved as to form: Marcia M. Torgerson City Clerk Roy A Hanley City Attorney S UB DIVIDER: (notarize s ignature) March 25,2002 �"� Tract 2317 Phase 3 Agreement Page 5 of 5 0 3 5 Exhibit D—Road Maintenance Agreement Final Tract Map 2001-0016 (2317 Phase III) 3900 Traffic Way RECORDING REQUESTED BY: Chicago Title Company AND WHEN RECORDED MAIL TO: City of Atascadero Community Development Department 6500 Palma Avenue Atascadero,CA 93422 APN:049-031-003 ROAD MAINTENANCE AGREEMENT FOR TRACT 2317 PHASE III THIS AGREEMENT is made and entered into this A day of JQ�t t/a�'�J ,2002 by ROLLING OAK RANCH,INC. WHEREAS,the parties are owners of certain parcels of real property located in the City of Atascadero,County of San Luis Obispo,State of California,described as Tract 2317 Phase III and recorded on the day of ,200_in Book of Maps at Page in the Recorder's Office of said County and State;and WHEREAS,the parties own and utilize roads for access to certain lots,which said roads are identified as San Anselmo Avenue,Orillas Way and Orillas Court,as delineated on said tract map; and WHEREAS,each owner of Lots 1-13,42,43,and 44 inclusive agrees for himself,his heirs, personal representatives,successors in interest and assigns to enter into an agreement for the purpose of sharing expenses of maintaining the right-of-way and repair of which said agreement will outline the respective responsibilities for the payment of such maintenance and repairs; NOW,THEREFORE,IT IS AGREED AS FOLLOWS: 1. This agreement will be in effect for a period beginning on the day of recordation of said tract map and continuing until acceptance of an offer of dedication of San Anselmo Avnue and Orillas Way by the City of Atascadero and recorded in the office of the County Recorder indicating that it has been accepted. At that time owners of Lots 1,6,7,9, 10, 11, 12, 13,43 and 44 shall be released from said agreement and have no further responsibility. Owners of Lots 2,3,4,5,8 and 42 shall continue to be responsible for the maintenance of Orillas Court,said responsibility ending only when the City of Atascadero agrees to accept an offer of dedication on Orillas Court. -037 Exhibit D—Road Maintenance Agreement Final Tract Map 2001-0016 (2317 Phase III) 3900 Traffic Way 2. The roads shall be repaired and maintained jointly by the owners of the lots and are to be kept in good,passable conditions under all traffic and weather conditions on the covenants,terms,and conditions set forth herein. Repairs may be requested by the City Engineer and any such repairs shall be performed and paid for within six(6)months. 3. The costs and expenses of such repair and maintenance shall be borne equally by the lot owners,that is,each lot will bear one sixteenth(1/16 ')of the costs and expenses. Owners of six(6)or more lots shall have the right and power among themselves to determine the nature of,make or contract for the proper needed repair and maintenance of San Anselmo Avenue,Orillas Way and Orillas Court which shall be binding on all owners. At such time as San Anselmo Avenue and Orillas Way are accepted by the City,four(4)owners of the remaining Lots 2,3,4,5,8 and 42 shall have the same rights and powers to comply with the provisions hereof and to establish reasonable procedures which shall be binding on all owners. They may take actions,including court actions,if necessary,to collect from the owners their respective shares of the cost and expense of such repairs and maintenance made or to be made. Owners and contractors engaged by these six(6)or four(4), respectively,owners shall have the right to enter and remain on San Anselmo Avenue,Orillas Way and Orillas Court for the repair and maintenance work,which shall be done expeditiously in a workmanlike manner that will cause as little interference as reasonable possible for the safe vehicular traffic on the road. 4. Each party to the herein agreement agrees not to undertake any additional repairs or maintenance not specified in this agreement without first obtaining express written consent of the others. 5. The parties agree to bear equal liability for any personal injury or property damage to any worker employed to make repairs under this agreement,or to any third persons,resulting from or arising out of the repairs or maintenance under this agreement. 6. The parties do not agree to share any liability resulting from personal injury or property damage other than that attributable to the repairs and maintenance undertaken and pursuant to this agreement. 7. Each party is responsible for maintaining their own insurance,if any. 8. In the event of any controversy,claim or dispute relating to this instrument,or breach thereof,the prevailing party shall be entitled to recover reasonable expenses, attorney's fees,and costs. 038 Exhibit D—Road Maintenance Agreement Final Tract Map 2001-0016 (2317 Phase III) 3900 Traffic Way 9. This instrument contains the entire agreement between the parties relating to the obligations assumed by this agreement. Any oral representations or modifications concerning this instrument shall be of no force or effect. This agreement may not be modified in any respect whatsoever or terminated,in whole or in part,except with the consent of the City of Atascadero,and then only written instrument duly approved by the Atascadero City Council. 10. This Agreement is to be interpreted under the laws of the State of California. Dated: JQnum /8, 0200.8 ROLLING OAK RANCH,INC. Y..,..�r- b6� Jimmie Dee Shores President NOTARY ACKNOWLEDGMENT State of California ) ) ss. County of San Luis Obispo ) On JQnVA--q 16, Q0-0 ,before me, Shannon !I?a6tje ,a NOTARY PUBLIC in and for said County and State,personally appeared Ji m rn i e Dee Shores ,personally known to me(or proved-to me oft the b is of satisfeetery-eyideaGe)to be the person(e)whose name(&)War*subscribed to the within instrument and acknowledged to me that he/&heAhW executed the same in his/hertdteir authorized capacity(-es ,and that by his/heo4hek signature(4)on the instrument the person(s),or the entity upon behalf of which the personH acted,executed the instrument. WITNESS my hand and official seal. 40�f otaPu Public [SEAL] SHANNON L.MC CABE Comm./1288819 NOTARYMUC•CALReaA N Sm tw OIN/r Crary MycoftE1041 Lr.2i'm �3 Exhibit D—Road Maintenance Agreement Final Tract Map 2001-0016 (2317 Phase I1I) 3900 Traffic Way CITY APPROVAL Print Name: Title: NOTARY ACKNOWLEDGMENT State of California ) ) ss. County of San Luis Obispo ) On ,before me, a NOTARY PUBLIC in and for said state,personally appeared , personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Notary Public [SEAL] 040 ITEM NUMBER: A-5 DATE: 04/09/2002 01 pie ■ ■ 1918 57-9 Atascadero City Council City Attorney Report Reinstitute Code Section Banning Cargo Containers Ordinance Second Reading RECOMMENDATION: Council introduce for second reading by title only, and adopt the draft Ordinance adding Section 8-1.103 banning the use of cargo container and railroad cars for specified purposes within the City of Atascadero. DISCUSSION: This matter has been the subject of discussion at prior City Council meetings. At the regular City Council meeting of March 26, 2002, the Council introduced for first reading by title only, the attached ordinance re-instituting regulations of cargo containers in the city limits. This matter is now back for second reading. The ordinance must have two readings to be passed. If any changes are made at this meeting, that will constitute a "first reading." If no changes are made, the ordinance may be adopted at this meeting. The ordinance will then be published, and it will be effective thirty days after its passage. FISCAL IMPACT: There have been no fiscal impacts identified on this issue. ALTERNATIVES: The Council may choose not to further address the problem by way of legislation. ATTACHMENTS: Draft Ordinance introduced for first reading 041 DRAFT ORDINANCE 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. 04 SECTION 3. HISTORY This ordinance was introduced at a regular meeting of the City Council of the City of Atascadero on March 26, 2002, and adopted by the following vote as an ordinance of the City of Atascadero at a regular meeting of the City Council on 12002. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: Signed: J. Michael Arrambide Mayor of the City of Atascadero ATTEST: APPROVED AS TO FORM: Marcia McClure Torgerson, City Clerk Roy A. Hanley, City Attorney 043 ITEM NUMBER: B- 1 DATE: 04/09/2002 TOWN It's!: 1918 * � 19 9 n. ��SCADF�/ Atascadero City Council Staff Report - Public Works Department West Mall Closure RECOMMENDATION: Council approve the request from Atascadero Unified School District for the closure of West Mall between Lewis Avenue and Olmeda Avenue during Atascadero Junior High School hours, beginning September 2002. DISCUSSION: Background: Atascadero Junior High School is located on the north side of Lewis Avenue and is bisected by West Mall (see enclosed project map). The Atascadero Unified School District has requested closure of West mall between Lewis Avenue and Olmeda Avenue during Atascadero Junior High School hours (see attached letter). A large number of students cross West Mall during the school day to get to classes on the other side of the road. The School is concerned about abductions of students and the potential of accidents with cars during the crossing of the road. The details of the closure would be: • Gates or barricades on West Mall at Lewis Ave and Olmeda Ave. These devices would be provided by the School District and would be their responsibility to open and close. The hours of the closure would be from 8:30 am until 3:00 pm. The School hours are from 8:15 am until 3:15 pm. The closures would start September 2002. • Installation of a 4-way stop at West Mall and Lewis Ave and the removal of the mid block crosswalk on West Mall between Lewis Avenue and Olmeda Avenue. Analysis: Staff studied the effect of this closure on circulation. There are several alternative routes available to the traveling public when West Mall is closed. Traveling to and from El Camino Real to River Gardens there are 4 alternatives. Northbound travel on State Route 41 would exist on Capistrano Ave or Mercedes Ave. North bound travel on Traffic Way would exist Olmeda Ave to West Mall to Capistrano Ave or Via Ave to Capistrano. The opposite is true for southbound travel. The closure of West Mall during school hours will cause a slight increase in traffic volumes on the routes mentioned above. The roads have the capacity to handle the additional trips. 044 ITEM NUMBER: B- 1 DATE: 04/09/2002 Circulation around the Junior High School is congested at the morning drop off and afternoon pick up. The City has requested that the School use the closed section of West Mall for drop off and pick up. The City and the School will continue to work on circulation and drop off and pick up zones to help mitigate the congestion. The City is interested in long term circulation improvements in this area of town. One improvement to area circulation would be the Lewis Ave Bridge. This bridge would reduce traffic on El Camino Real and improve access to the Junior High, City Hall and the downtown. The Atascadero Unified School District is in support of the Lewis Ave. Bridge, provided all issues are addressed. The City will be starting on the environmental and design for the bridge. We will work very closely with the District to mitigate any impacts of the Bridge, gain funding for the project and bring it into construction. City Staff has noticed the public about this closure with signs on Capistrano Ave westbound, West Mall eastbound and Olmeda Ave. southbound. We have also put notices up on both sides of the crosswalk that is proposed to be removed per Government Code Section 9.21950.5 (a). Conclusion: The closure appears to not be detrimental to City circulation and is a benefit to the school. It is recommended that the impacts to the City of Atascadero be closely monitored. If circulation or other problems arise due to the closure the City Council may vote to revoke the closure•or require further mitigations to help the circulation. FISCAL IMPACT: Minimal costs for the installation of the 4-way stop at West Mall and Lewis Ave and the removal of the crosswalk striping. ALTERNATIVES: None ATTACHMENTS: Attachment 1. Project Map Attachment 2. Letter from Atascadero Unified School District 045 .. ♦ II /1111/ /Ali 11/ Now Atascadero Unified School District 5601 WEST MALL • ATASCADERO,CALIFORNIA 93422 DISTRICT OFFICE (805)462-4200 • FAX (805)462-4421 James L. Stecher,Superintendent NOV 0 8 2001 November 7, 2001 (`► ((;�gAir.v' `r—��c Mr. Wade McKinney City Manager/City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mr. McKinney, As you know, student safety is an ongoing mutual concern. Many City-Schools projects are underway or have been completed which address the safety of our students on their way to and from school, and also during the school day. Your cooperation and leadership in our common efforts is greatly appreciated. As discussed at our last City-Schools Meeting,we have a major safety issue which needs to be addressed in a timely fashion-the traffic pattern between the campuses of Atascadero Junior High School on West Mall. While the school district fully supports the future building of the Lewis Avenue Bridge and will fully cooperate with the City to see this project funded,we also recognize that the request to address the issue above needs immediate attention and must not be linked together with the bridge project. After significant review, analysis and discussion, and to expedite a solution to this safety concern, I am requesting that the City Council consider the closing of a portion of West Mall between Lewis Avenue and Olmeda Avenue during the school day and that this item be placed on the City Council's next agenda for discussion and possible action. Thank you in advance for your assistance. If you have any questions or suggestions, please feel free to call me. Please notify me of the date and time of the meeting where this item will be considered and I will plan to attend. Si erely, JAMES L. STECHER District Superintendent cc: Board of Trustees District Leadership Team PADATA\C[TYSCHL\regctoswm.wpd Carrisa Plains Elementary • Creston Elementary • Monterey Road Elementary San Benito Road Elementary San Gabriel Road Elementary • Santa Margarita Elementary • Santa Rosa Academic Academy Atascadero Fine Arts Academy • Atascadero Junior High School Atascadero High School Westside Continuation High School • West Mall Alternative School Atascadero Adult School 047