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HomeMy WebLinkAboutAgenda Packet 05/14/2002 y CITY OF A TA SCA DERO ]918 1978 CITY COUNCIL AGENDA TUESDAY, May 14, 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) 1 ) Diamond v City of Atascadero 2) Vetter v City of Atascadero B.) Conference with labor negotiator (Govt. Code Sec. 54957.6) Agency Negotiator: City Manager Employee organizations: Mid-Management/Professional and Confidential. 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALLEGIANCE: Council Member Johnson ROLL CALL Mayor Arrambide Mayor Pro Tem Scalise Council Member Clay Council Member Johnson Council Member Luna APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Proclamation declaring May 15, 2002, "Police Memorial Day. 2. Proclamation;declaring May 19 - 25, 2002, "PublicWorks 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 t 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 — .April''23, 2002 ■ City Clerk recommendation: City Council approve the City Council minutes of April 23, 2002. [City Clerk] 2. City Treasurer's Report`- February 2002 ■ Fecal impact: None ■ City Treasurer's recommendation: City Council approve the City Treasurer's report for February 2002. 2 3. Amendment to City Contract with California Public Employees' ,Retirement System (CalPERS) - Resolution of Intention ■ Fiscal impact: Change in the Total Employer Rate: 2.762% ■ Staff recommendation: City.Council adopt,the draft Resolution of Intentiontoamend the contract between the City Council of the City of Atascadero_ and the Board of Administration of the California Public Employees'Retirement`System. -[Administrative Services] 4. Zone Change 2001-0020 5080 Palma Ave. (Elbert Gifford / Wilson Land Surveys) ■ Fiscal impact: None. - Staff recommendation: City 'Council introduce for second reading by title only, and adopt the draft Ordinance to approve Zone Change 2001-0020. [Community Development] 5. Zone Change 2001-0017 - 7250 Santa Ysabel Ave. (Kelly Gearhart / Wilson Land Surveys) ■ Fiscal impact: None. ■ Staff- recommendation: City Council introduce"for second reading by title only, and adopt the draft Ordinance to approve Zone Change 2001-0017. [Community Development] 6. Request to Plant a Memorial Tree at Atascadero Lake Park ■ Fiscal impact: None ■ Staff recommendation: City Councilapprove the request of B. Keith Lemons to plant a Memorial Tree at Atascadero Lake Park. [Community Services] 7. Energy Conservation Measures ■ Fiscal impact: Undetermined savings in energy costs. ■ Staff recommendation: City Council authorize the continuation of specified measures to reduce the City's consumption of electricity. [Community Services] 8. Routes to School Proiects - San Gabriel Road & Santa Rosa Road ■' Fiscal impact: $138,458.12 (from RSHA, Sidewalk Fund, and Streets & Bridges Impact Fees Fund) ■ Staff recommendation: City Council: 1. Accept Whitaker Contractors Inc.'s work as complete; and, 2. Authorize the City Manager to sign and file the Notice of Completion. [Public Works] 9. Transit Grants - Authorization to Apply to CalTrans ■ Fiscal impact: $15,510 from Transportation Development Act fund's. ■' Staff recommendation: City Council approve the draft Resolution, authorizing an application to CalTrans for FY 2002 and FY2003 FTA Section 5311 Rural Operating Assistance. [Public Works] 10 Final Parcel Map 2002-0021 - (Parcel Map AT 01-358)= {TPM'2001-00261 3125 Ardilla (Lamouria / Wilson) ■ Fiscal impact: None ■ Staff recommendations:' City Council: 1. Accept Final Parcel Map 2002-0021 (Parcel Map AT 01-358); and, 2. Reject offer,of dedication for public utility, easement without_prejudice to future acceptance. [Public Works] 11. Final Parcel Map 2002-0030 (Parcel Map AT 01-423) [TPM 2001-00271 3475 Maricopa Road (Brebes/Wilson) ■ Fiscal impact: None ■ Staff recommendations: City Council: 1 Accept Final Parcel Map 2002-0030 (Parcel Map AT 01-423); and; 2. Reject offer of dedication for public utility easement without prejudice to future acceptance. "[Public Works] 12. Final Parcel May 2002-0024 - (Tract Map 2465) [TTM 2001-0007] 6555 Atascadero Ave. ('Shores/Wilson) ■ ` Fiscal impact: None Staff"recommendation: City Council 1. Accept Final Parcel Map 2002-0024 (Tract Map 2465); and, 2. Reject offers of dedication for streets, pedestrian, and public utility easements without prejudice to future acceptance; and, 3. Authorize City Manager to Execute Subdivision Agreement with Owner. [Public Works] 13.- final Parcel Map 2001-0018 (Tract Map 2410) [TTM 2000-00021 8300 Santa Rosa Road (Graves/Wilson) ■ Fiscal impact: None ■ Staff recommendations: City Council: 1. Accept Final Parcel Map 2000-0018 (Tract Map 2410); and, 2,. Reject offers of dedication for streets and public utility easements without prejudice to future acceptance; and, 3. Authorize City Manager to execute Subdivision Improvement Agreement. [PuKc Works'] B. MANAGEMENT REPORTS: 1 . Action Plans for 2002-2003 Strategic Initiatives ■ Fiscal impact: None ■ Staff recommendation: City Council receive and file Action Plans for the 2002-03 Strategic Initiatives and directstaff to provide quarterly updates on progress.. [City Manager] 2. Revisions to Facility Policies, Procedures & Fees ■ Fiscal impact: Potential rental income increase of approximately $9,500 per year. ■ Staff recommendation: City Council approve the draft Resolution, amending the City of Atascadero Facility Policies, Procedures and Fees. [Community'Services] 3. ' Atascadero Road Program ■ Fiscal impact: None ■ Staff'recommendation: City Council: 1. Introduce for first reading by title only, the draft Ordinance A amending Title 7, Chapter 15 of the Atascadero Municipal Code, allowing non-licensed residences= to work in the right-of-way; and, 2. Introduce for first reading by title only, the-draft Ordinance B, amending Title 9, Chapter 4, of the Atascadero Municipal Code, relating to street and frontage improvements. [Public Works] 4 4. Paving Equipment Purchase Fiscal impact: $105,000 from the Gas Tax Fund, ■ Staff recommendations: City Council: 1. Waive certain provisions of the purchasing policy and authorize the City Manager . to purchase a used paving machine and trailer from Leo Tidwell; and, 2. Authorize the Director of Administrative Services to appropriate an additional $105,000 in gas tax funds for the purchase of paving equipment and supplies. [Public Works] C. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): Mayor A'rrambide 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 Tern 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 D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5`. City Manager 5 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 May 14, 2002 Regular Session of the Atascadero City Council was posted on May 8, 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 81' of May, 2002 at Atascadero, California. Marcia McClure Torgerson, City Clerk City of Atascadero 6 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 intheorder of the printed Agenda. Copies of the staff reports or otherdocumentation 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 wishingto 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 furtfier 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 POLICE WEEK POLICE MEMORIAL DAY MAY15, 2002 WHEREAS, Police Memorial Day was first established by Presidential Proclamation in 1960 to commemorate all law-enforcement officers who had given their life in the line of duty; and WHEREAS, since 1960, Police Memorial Day has been observed on May 1 S`h and the week in which Police Memorial Day falls has been proclaimed as "National Police Week'% and WHEREAS, law enforcement officers willingly perform hazardous duty to protect and defend their community; and • WHEREAS, the .f o le eo our nation and state should commemorate those P P officers who have given their lives while providingservice and protection to their community. NOW, THEREFORE, as the Mayor of the City of Atascadero and on behalf of the City Council I do hereby proclaim May 15, 2002, as POLICE MEMORIAL.DAY in Atascadero and do call upon all citizens and law enforcement agencies to pay tribute to those who have given the ultimate while protecting their community. T: Michael Arrambide, Mayor City of Atascadero, CA May 14, 2002 001 i . "NATIONAL PUBLIC WORKS WEEK MAY 19-- 25, 2002 WHEREAS,public works services provided in our community are an integral part of our citizens'everyday lives;and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as sewers, streets, parks, transit and engineering; and WHEREAS, the health, safety'and comfort of this community greatly depends on these facilities and services and WRE�REAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS,` the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, I, Mike Arrambide, Mavor of the City of Atascadero, do hereby proclaim the week of May 104 through 2Y� as "NATIONAL PUBLIC WORKS WEEK" in the City of Atascadero, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make ever day to our health, safety, comfort, and quality of life. WITNESS THE OFFICIAL,SEAL OF THE CITY OFATASCADERO J. Michael Arrambide,Mayor City of Atascadero, California May 14, 2002 00: ITEM NUMBER: A- 1 DATE: 05/14/2002 DRAFT MINUTES 21:1 NMI iso e CITY OF A TASCA DERO CITY COUNCIL TUESDAY, April 23, 2002 7:00 P.M. PLANNING COMMISSION INTERVIEWS: 3:30 P.M. 1 . Interview candidates 2. Select, by ballot, two citizens for the Planning Commission. Mayor Arrambide called the meeting to order at 3:30 p.m ROLL CALL: Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide Absent: ` None' Others Present: City,ClerkMarcia McClure Torgerson Staff Present City Manager Wade` McKinney and City Attorney Roy Hanley. PUBLIC COMMENT: None INTERVIEWS AND APPOINTMENTS: 1. Planning Commission ■ City Clerk,recommendation: Council interview the six candidates and select, by ballot, two citizens to serve on the Planning Commission. CC 04/23/02 003 Page 1 ITEM NUMBER: A- 1 DATE: 05114/2002 The Council interviewed the six candidates and appointed Roberta Fonzi to another four-year term to expire February 2046, and Robert,"trigger" Jones to fill the vacancy that will expire in February 2003. I ADJOURNMENT: Mayor Arrambide adjourned the Interview Session at 5:30 p.m. to the Regular Session at 7:00 p.m. DINNER BREAK 5:30-6:30 P.M.: REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: Chairman Luna reported that the closed session would be moved to the close of the Regular Session of the City Council Meeting. -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.: Mayor Arrambide called the meeting to order at-8:00 p.m. and Council Member Clay led the Pledge of Allegiance. CC Page 2 3/02 004 ITEM NUMBER: A 1 DATE: 05/14/2002 ROLL CALL: • Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Community Development Director Warren Frace, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Technology Director Andrew Fruin, 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 Clay to approve the agenda. Motion passed 5.0 by a roll-call vote. PRESENTATIONS: 1 . Certificate of Appreciation to Dr. Dwayne Burbach. Police Chief Dennis Hegwood explained the Special Response Team (SRT) program and how Dr. Burbach made the training possible with a donation of $5000.00. Mayor Arrambide presented Dr. Burbach with the certificate of appreciation. Dr. Burbach thanked Council for the special recognition. Chief Hegwood also presented team members with the Special Response Team patch: Sgt. Brian Dana, Sgt. Joe Allen, Sr. Officer Eric Vitale, Officer Josh Bowling, Officer Franco Bechara and Officer Jeff Wilshusen. 2. Sudden Oak Death Update - ANTA representative will introduce guest speakers from SLO County. Bruce Boniface, President of Atascadero Native Tree Association (ANTA), gave an update to the Council about ANTA's recent projects, and introduced Bill Tietje, Natural Resources Specialist with the University of California Cooperative Extension Service who spoke on the history and biology of Sudden Oak Death, and Cerae Speidel from the County Agricultural Commissioner's Office, who spoke on monitoring and regulating the potential spread of Sudden Oak Death in San Luis • Obispo County. CC 04/23/02 Page 3 005 ITEM NUMBER: A- 1 DATE: 05/14/2002 Supervisor Mike Ryan, Chairman of Local Fire Safe Council, stated he has been working on this problem since January 2000, and much work has been done in Sacramento getting the money organized to do the scientific studies to determine • the cause of Sudden Oak Death and how it spreads. Supervisor Ryan related his experiences in viewing areas devastated by Sudden Oak Death and felt locally it is best to become educated on the disease and to follow and support the various pending State and federal bills regarding the disease. PUBLIC COMMENT Eric Greening, 7365 Valle, suggested Council agendize a lobbying position as soon as possible relative to AB2251 and anything else on the State and federal level dealing with this disease. Mr. Greening questioned whether the organism is changing as it spreads, whether it is as contagious in the foliar host state as it is in the acute state of oak death and how long the spores or contagious particles remain active once they are deposited on a surface. He felt that precautions should be taken at this time with hikers and others moving vegetative material. Mayor Arrambide closed the Public Comment period. Council Member Luna said that Mr. Greening made a great suggestion about getting involved in the lobbying effort for funds to fight this problem. Mayor Arrambide asked ANTA to work with staff and keep them informed on • legislative action concerning this issue. He also asked for a report from ANTA at the next Council meeting that would answer some of the questions raised. This report would give the Council the opportunity to take a position on this matter. Mayor Arrambide asked for Council consensus. Council Member Luna agreed and stated that they need to get the letter in before the May revise. There was Council consensus to have staff produce a letter and Mayor Arrambide asked Bruce Boniface to work with Community Development Director Warren Frace. COMMUNITY FORUM: Eric Greening, 7365 Valle, referred to the large oak log in Stadium Park, and suggested that it should have been preserved and integrated into the plans for the stage. However, sometime within the last two to three weeks a piece of heavy equipment in the bowl pushed the log monument 60 feet and fragmented it. Mr. Greening questioned who had done this and for what purpose. Mayor Arrambide closed the Community • y un ty Forum period. Page 3/02 006 ITEM NUMBER: A- 1 DATE: 05/14/2002 COUNCIL ANNOUNCEMENTS AND REPORTS: • Council Member Luna asked if staff had any information on Mr. Greening's comments. City Manager Wade McKinney stated that they did not know of any equipment in the Park or any action taken and that they would look into it. Council Member Clay referred to 14 houses in San Luis Obispo built as affordable housing and the 1 ,000 people applying for them, many of whom where from out of the area. He suggested that as Atascadero considers affordable housing units and density bonuses in the General Plan Update, there be a criterion put in place which would not eliminate anyone but rather accommodate those who live in Atascadero and possess limited funds. Additionally Council Member Clay asked if it would be possible for Atascadero to have a vehicle clean up day. Review of Design Standards for Metal Buildings - Mayor Arrambide Mayor Arrambide stated he is concerned with the increased number of metal buildings being proposed in Atascadero, specifically in the view corridor of 101/El Camino. He suggested the Council consider an emergency ordinance that would apply while design standards for metal buildings are being considered. Council Member Luna said that he agrees with Mayor Arrambide. • Council Member Johnson stated he doesn't support an urgency ordinance and questioned how the existing rules are implemented. PUBLIC COMMENT Ursula Luna,.encouraged the Council to include Morro Road in the consideration of design standards for metal buildings. Kelly Gearhart, expressed his concern with the Council setting specific standards for metal buildings; everyone has a different opinion as to what is exceptional. Mayor Arrambide closed the Public Comment period. A. CONSENT CALENDAR: 1. City Council Workshop Minutes — April 8, 2002 ■ City Clerk recommendation: City Council approve the City Council Workshop minutes of April 8, 2002. [City Clerk] 2. City Council Minutes — April 9, 2002 • City Clerk recommendation: City Council approve the City Council minutes of April 9, 2002. [City Clerk] CC 04/23/02 Page 5 007 ITEM NUMBER: A I DATE: 05/14/2002 3. March 2002 Accounts Payable & Payroll ■ Fiscal impact: $1,259,461.62 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and • payroll vendor checks for March 2002. [Administrative Services] 4. Weed/Refuse Abatement Program ■ Fiscal impact: Costs are recovered through the administrative fees. ■ Staff recommendation: Council adopt the draft Resolution, declaring vegetative growth and/or refuse a public nuisance, commencing proceedings for the abatement of said nuisances, and placing all abatement fees on the San Luis Obispo County Special Tax Assessment for the fiscal year 2002-2003 Tax Roll. [Fire] 5. Final Parcel Map 2001-0007 - Parcel Map 99010 [TPM 99-0101 5400 Robles (Shores/Volbrecht) • Fiscal impact: None Staff recommendations: Council: 1. Accept Final Parcel Map 2001-0007 (Parcel Map 99010); and, 2. Accept offers of dedication for streets and easements. [Public Works] 6. Final Parcel Map 2002-0028 - Parcel Map AT 2001-195 [TPM 2001-00191 5725 Portola Road (Messer / Wilson) ■ Fiscal impact: None ■ Staff recommendations: Council: 1. Accept Final Parcel Map 2002-0028 (Parcel Map AT 2001-195); and, 2. Reject offers of dedication for streets purposes and public utility easements without prejudice to future acceptance. [Public Works] MOTION: By Council Member Luna and seconded by Council Member Johnson to approve the Consent Calendar. Motion passed 6.0 by a roll-calf vote. (Item #A-4 Resolution No. 2002-011) B. PUBLIC HEARINGS: 1 . Zone Change 2001-0020 / Conditional Use Permit 2001-0049 / Tentative Tract Map 2001-0012 (Tract 2416) - 5080 Palma Ave. (Elbert Gifford / Wilson Land Surveys) ■ 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. ■ Planning Commission recommendations: Council: 1. Adopt draft Resolution "A", certifying the proposed Negative Declaration 2001- 0052; and, 2. Introduce draft Ordinance, for first reading by title only, to approve Zone Change 2001-0020; and, 3. Adopt draft Resolution "B", approving Conditional Use Permit 2001-0049 for the Master Plan of Development subject to findings and conditions of approval; and, 4. Adopt draft Resolution "C" approving Tentative Tract Map 2001-0012 subject to findings and conditions of approval. [Community Development] Page CC 04/23/02 _ 008 ITEM NUMBER: A- 1 DATE: 05/14/2002 Community Development Director Warren Frace gave the staff report and answered questions of Council. • Council Member Luna questioned, relative to making the finding of project benefit in converting multi-family into single-lot residential, why one of the units in this project couldn't be made affordable. Director Frace stated that currently the City does not have a requirement for an inclusionary or affordable component, however Council has the final authority to impose any conditions they see fit. Council Member Luna stated that he would like to see one of these units deed restricted. PUBLIC COMMENT - None MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Johnson to adopt the draft Resolution "A" certifying the proposed Negative Declaration 2001-0052. Motion passed 5:0 by a roll-call vote. (Resolution No. 2002- 012) Motion: By Mayor Pro Tem Scalise and seconded by Council Member Johnson to: ■ Introduce draft Ordinance, for first reading by title only, to approve Zone Change 2001-0020; and, ■ Adopt draft Resolution "B", approving Conditional Use • Permit 2001-0049 for the Master Plan of Development subject to findings and conditions of approval; and, ■ Adopt draft Resolution "C" approving Tentative Tract Map 2001-0012 subject to findings and conditions of approval. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Item #B- 1.3 Resolution No. 2002-013, Item #B-1.4 Resolution No. 2002-014) 2. Zone Change 2001-0017 / Conditional Use Permit 2001-0047 / Tentative Tract Map 2001-0010 (Tract 2446) - 7250 Santa Ysabel Ave. (Kelly Gearhart / Wilson Land Surveys) ■ 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. ■ Planning Commission recommendations: Council: 1. Adopt draft Resolution "A", certifying proposed Negative Declaration 2002-0009; and, 2. Introduce draft Ordinance, for first reading by title only, to approve Zone Change 2001-0017; and, 3. Adopt draft Resolution "B" approving Conditional Use Permit 2001-0047 for the Master Plan of Development subject to findings and conditions of approval; and, 4. Adopt draft Resolution "C", approving Tentative Tract Map 2001-0010, subject to • findings and conditions of approval. [Community Development] CC 04/23/02 Page 7 009 ITEM NUMBER: A- 1 DATE: 05/14/2002 Community Development Director Warren Frace gave the staff report and answered questions of Council. Council Member Luna reiterated his concerns as expressed on thep rior item • regarding trying to comply with the housing ordinance and supply some affordable housing. PUBLIC COMMENT Kelly Gearhart, developer, stated he was a firm believer in affordable housing and is in favor of doing a deed restriction. He stated that lot no. 5 could work, as it is a two-bedroom home. Mayor Arrambide closed the Public Comment period. MOTION: By Council Member Johnson and seconded by Council Member Luna to adopt draft Resolution "A", certifying proposed Negative Declaration 2002-0009. Motion passed 5.0 by a roll-call vote. (Resolution No. 2002- 015) MOTION: By Council Member Johnson and seconded by Council Member Luna to ■ Introduce draft Ordinance, for first reading by title only, to . approve Zone Change 2001-0017; and, ■ Adopt draft Resolution "B" approving Conditional Use Permit 2001-0047 for the Master Plan of Development subject to findings and conditions of approval and deed restricting Lot No. 5 to a sales price that meets the County defined moderate income rate for a period of 10 years; and, ■ Adopt draft Resolution "C", approving Tentative Tract Map 2001-0010, subject to findings and conditions of approval and deed restricting Lot No. 5 to a sales price that meets the County defined moderate income rate for a period of 10 years. Motion passed 5.0 by a roll-call vote. (Item #B-2.3 Resolution No. 2002-016, Item #B-24 Resolution No. 2002-017) C. MANAGEMENT REPORTS: 1. Atascadero Road Program ■ Fiscal impact: None ■ Staff recommendation: Council receive the report and give staff direction on the following issues: 1) Allowing non-licensed persons to work in the public right-of-way; and 2) Required road improvements for new development. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of • Council. CC 04/23/02 Page 8 - 0 i i Q ITEM NUMBER: A- 1 DATE: 05/14/2002 PUBLIC COMMENT — None • MOTION: B Council Member Johnson and seconded b Council Member Y Y Luna to ask staff to bring back an ordinance on both subjects as briefed. Motion passed 5.0 by a roll-call vote. D. COMMITTEE REPORTS: Mayor Arrambide 1. Water Committees: There will be a meeting on Wednesday for the North County Water Purveyors that will include a presentation on the status of water in the north county. The Paso Robles Basin study is finishing up with phase 1 and moving into phase 2, which will measure water quality. Council Member Luna 1. Integrated Waste Management Authority (IWMA): Meets on Wednesday and it is anticipated that both the staff and the Paso Robles sub committee will recommend that Paso Robles join. Council Member Johnson 1. Local Agency Formation Commissions (LAFCO): Current issue is sphere of influence in Pismo Beach. • E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Clay suggested a competition with Paso Robles for the Big Brothers/Big Sisters Bowl-a-thon. City Clerk City Clerk Marcia Torgerson announced that the Council interviewed six applicants for the Planning Commission and appointed Roberta Fonzi to another four-year term to expire February 2006, and Robert "Grigger" Jones to fill the vacancy that will expire February 2003. City Manager City Manager McKinney asked Chief Stone to update the Council on the local burn status. Chief Stone stated that as of tomorrow morning at 8:00 a.m. burning would be suspended for the season. Page e 923 /02 _ ITEM NUMBER: A- 1 DATE: 05/14/2002 City Manager McKinney reported on the Volunteer Appreciation luncheon scheduled for Thursday, 12:00 noon at Players Restaurant. • F. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 10:15 p.m. to the next regularly scheduled meeting on May 14, 2002. CLOSED SESSION: 1 . PUBLIC COMMENT - CLOSED SESSION - None 2. Call to Order b.) 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. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk • CC 04/23/02 Page 10 012 ITEM NUMBER: A-2 DATE: 05/14/2002 R e n, 5% Atascadero City Council City Treasurer David G. Graham, EA City Treasurers Agenda Report RECOMMENDATION: City Treasurer recommends the City,Council approve the City Treasurers reports for the following periods: February 2002` DISCUSSION: The February 2-year Treasury rate fell to 3.02%. The LAW yield for February was 2.97 or 5 basis points below the two-year treasury yield. With,72% of the City funds,invested in this • "liquidity portfolio",further declines in'LAIF yields will have a negative impact on overall City yields. The overall City portfolio investment,yield in February was 3.50% or 48' basis points over the 2-year Treasury. Market conditions: In February or;March the economy officially broke out of last years mild recession. Sluggish auto and housing demand and higher oil prices have muted inflationary concerns.- The paceof corporate layoffs continues to shows signs of abating. There is concern that the recovery will not be sustainable without higher investment from firms in real property and industrial technology. Economists continue to predict a quarter point tightening by the FOMC at the end of the second quarter of this year, but now admit the possibility that the tightening will not occur until later in the P quarter. Investment Strategy: LAIF's mix of long and short-term maturities continues to be the preferred investment for short and medium term funds. LAIF yields appear to be bottoming out 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 3 to 6 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. Please note a correction on page 11 of this report. In the chart the January 2002 City Yield has been corrected to 3.52% (from 4.12%). 013 City Treasurer's Report February 2002 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 561,563 Money Market Accounts 1,364 Certificates of Deposit 3,675,809 GovernmentSecurities 1,992,484 Corporate Paper LAIF 14,751,723 Cash with Fiscal Agents 193,832 Cash in Banks at February 28,2002 $ 21,176,775 Deposits in Transit _ Outstanding Checks (368,426) Cash and Investments at February 28,2002 $ 20,808,349 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 02/05/02 United`National Bank CD $ 9063 01/24/05 02/06/02 Federal Home Loan Mtge Co` Gov't Security $ 249,688 01/30/07 02/07/02 Federal Home Loan Bank Gov't Security $ 249,531 02/06/07 02/27/02 Bank of North Georgia CD $ 97,000 02/27/04 02/27/02 Coastal Bank of Georgia CD $ 97,000 02/27/04 Securities Matured: None Securities Sold/Called Prior to Maturity: Transaction! Original Cost/ Gain/(Loss) Transaction Date Description/Type Maturity Call Price on Call Call Federal National Mtge Co. $ 250,000 $ 250,000 $ - 02/21/02 Gov't Security 08/21/03 Other Reportable Activities: None Page 1 of 11 014 CITY OF ATASCADERO TREASURER'S REPORT • CASH&INVESTMENTS ACTIVITYSUMMARY FOR THE MONTH OF FEBRUARY2002 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at February 1, 2002 $ 523,230 $ 20,521,066 $ 143,575 $ 21,187,871 Receipts 851,099 1,032 179 852,310 Disbursements (863,406) - - (863,406) Transfers In 890,000 789,282 50,078 1,729,360 Transfers Out (839,360) (890,000) - (1,729,360) Balance per Banks at February 28, 2002 $ 561,563 $ 20,421,380 $ 193,832 21,176,775 • Deposits in Transit - Outstanding Checks (368,426) Adjusted Treasurer's Balance $ 20,808,349 • Page 2 of 11 e M 7 V O O O O O O O O - O N V M O M O O O O O O t� M vl O O O O O O O O O 1' Vl M M C\ In V1 vl CT V G1 C\ N C\ C\ G1 C\ C\ G1 �t U Z � 69 !fir c\d cC \C clO O cd cli cls • ti a, Q M rt V O O O O O O O O O N � M O O O O O O O O O l- O O O O O O O O O CN GO1 N CN CN ON CN CN CCT 69 A o o 0 6 0 0 0 0 0 0 v o o O o o n v In o ca N M �n VrV iV V1 V•' M M M w 0 0 0 0 0 0 0 0 0 o ca c\d cn O kf)'T O cn O O vi v1 In O 1' V � N \7 O vV'i 1 l� (r \ M Vl Vl V1 V' v; M M M C/� o 0 N q rY O W V rC N Z ca C cl a cz o e o o 0 o C o 0 0 0 0 0 Z w n a n 0 n o a a Q. a Q Q Q ej Q Q Q Q Q Q N G o 0 o c o 0 0 0 0 0 > w E ca is G U U U U U U G t W C � v] G G O O C\ C\ Q' 4�4O O O O z O (71O O O N C\ \V oo Vr O O O O O O O O O O w C U cl u ti a > ea c6 Cca c� vj C C Gil j oo o � acl o � i z a ° ami o eCa x M M = C - ¢ i . > u o .oC cl ea o ca &. 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L : : i-i f-i L i-i > > > O Q) O C) (U U u N N O 0 O C7 U U U U U U U U C7 C7 C7 W Q W N N p — _ O O O O O O O O O O O O .Z' M O r- 110 V t� O N N O O O O N O N N O a O O O — O O CL cl cl Cs w L L O O C F L 3 cd w N as a+ z O z +0+ O N O C cls � en L ccl U Q v] a U vi 6s0 ca 0. U 6� U U C) Cn C)0 0 0 0 0 0 0 0 0 oc) Q N N O O N O N O N N m � 0 0 0 019 (�yd�(a( 00 O N N N 00 00 M M ••-i V' 00 A 00 N 0 W O1 -^ M M N wON N 6s 64 64 Ocli s. • _ N ti M N O N cC N N N i 69 601) 0 U •V O O N M M kn 00 O 110 00 00 7 V o V � kn T ' > L7 .�. O N N Q x bs 6s Gn > .d o > o ea a� y 3 w h o 3 QR Uxn. L]. N �L o > E c i N i1 Ln O ¢ n _ w It > O U cc 1 N "a O � Q 0 cq U � w as Q o M w CISFr W c t 0 0 o U y ° a a� V v1 cq Cl N ti � C cd w �+ 0 O + i, oen a wv czax 0 N rV t:3 +�' > � E• � � � v � u � +>' ami cw � � � - 020 City of Atascadero Investments by Type • February 2002 Gov't Cash with Securities Fiscal Certificates 10% Algent Other of Deposit 0% 18% • LAW 71% Investment February 2002 LAIF $ 14,751,723 Certificates of Deposit 3,675,809 Government Securities 1,992,484 Corporate Paper - Cash with Fiscal Agent 193,832 Other 1,364 $ 20,615,212 • Page 8of11 ®21 City of Atascadero Investments by Maturity February 2002 . One Month One to Five Years Within to One Year 22% One Month 5% 1% On Demand 72% Investment February 2002 On Demand $ 14,753,087 Within One Month 141,536 One Month to One Year 1,106,040 One to Five Years 4,420,716 $ 20,421,380 Page 9of11 022 City of Atascadero Investments by Custodial Agent • February 2002 Riverway Trust Bank of Gibraltar Securities 0% New Penson Financial Corp. 17% York City Atascadero 10% I% 0% • State of California 72% Custodial Agent February 2002 State of California $ 14,751,723 Penson Financial Corp. 2,071,196 Gibraltar Securities 3,452,925 Riverway Trust 99,000 Bank of New York 193,832 City of Atascadero 46,536 $ 20,615,212 Page 10 of 11 0213 City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Year Ended February 28, 2002 7.00°i° 6.00% 5.00% I 4.00% 3.00% I,I ° 2.00/o 1.00% II F 0.00% • N N I o0 00 00 00 00 00 00 00 00 00 0o Dory pOry �'L 4 ry ��ry ��ry cry J\�ry Jy,�ry eery eery eery eery �ry �ry e0��a bac QQ �0 Opo ) e< j 0—City Yield 2-Yr Treasury Yield I � 2-Yr Treasury City Yield Yield February 2001 6.179/6 4.66% March 2001 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 3.52% 3.03% • February 2002 3.50% 3.02% Page 11 of 11 024 ITEM NUMBER: A-3 a; ■ DATE; 05/14/2002 su's 1979 At-aseadero Citi Council Staff Report—Administrative Services Department Amendment to the City of Atascadero'Contract with the California Public Employees' Retirement System (CalPERS) Resolution of Intention RECOMMENDATION: Council adopt the draft Resolution of Intention to amend the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System. DISCUSSION: One of the steps in the process to amend the City's Agreement with CalPERS is to adopt a Resolution of Intention. The proposed contract amendment is in keeping with the conditions of the current Memorandums of Understanding (MOUs) with the Atascadero Police Association and the Atascadero Firefighters Bargaining Unit. These bargaining,units represent'the City's safety members. Earlier this fiscal year, the City Council approved the MOUs for both of these bargaining units. The MOUS included provisions for the addition of the amendment to the PERS contract for the One-Year Final Compensation retirement formula (Section 20042) and the Credit for Unused Sick Leave Benefit (Section 20965)for all safety members: A related ordinance, which is required by CalPERS, will be introduced at the May 28, 2002 meeting and if passed,benefits are expected to go into effect on July 13,2002: FISCAL IMPACT: The adoption of the contract amendment via resolution and ordinance, will result is the following valuation changes to our plan: • 025 ITEM NUMBER: A-3 DATE: 05/14/2002 1. . Change in the Present Value of Benefits $ 621,476 - 2. Increase in the Actuarial Value of Assets $ 3. Change,in the Unfumded Accrued Liability $ 373,752 4. Change in the Total Employer Rate 2.762% ATTACHMENTS: Attachment A: Draft Resolution of Intention 026 RESOLUTION OF INTENTION • TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF ATASCADERO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and • WHEREAS, the following is a statement of the proposed change: To provide Section 20042 (One-Year Final Compensation) and Section 20965 (Credit for Unused Sick Leave) for local safety members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By: Presiding Officer Title • Date adopted and approved (Amendment) CON-302(Rev.4/96) 027 CalPERS EXHIBIT California Public Employees' Retirement System -A000- AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Atascadlero NEWOMINEEMENOW-4* The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, • hereinafter referred to as Public Agency, having entered into a contract effective April 19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April 30, 1983, January 7, 1984, July 14, 1990, November 9, 1991, April 12, 1992, August 29, 1992, December 26, 1997, July 3, 1999 and June 23, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June 23, 2001, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19, 1980 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments • to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 028 PLEASE DO NOT SIGN "EXHIBIT ONLY" 3. Employees of Public Agency in the following classes shall become • members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. This contract shall be a continuation of the benefits of the contract of the Atascadero Fire Protection District, hereinafter referred to as "Former Agency", pursuant to Section 20567.2 of the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on July 1, 1980. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed said Section effective January 1, 1988. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. b. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local miscellaneous members only. • 029 PLEASE DO NOT SIGN "EXHIBIT ON _ C. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. • d. Section 20903 (Two Years Additional Service Credit). e. Section 20042 (One-Year Final Compensation). f. Section 20965 (Credit for Unused Sick Leave) for local safety members only. 9. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 • Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 030 13. Contributions required of Public Agency and its employees shall be paid • by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of , BOARD OF ADMINISTRATIQ CITY COUNCIL PUBLIC EMPLOYEES' RQ-., MENT SYSTEM CITY OF ATASCADERO BY BY KENNETH W. M ION, CHIEF PRESIDING OFFIq ACTUARIAL LOYER SERVICES DIVISION •`S'T PUBLIC EM EES' RETIREMENT SYSTEM O�O <J Witate • Attest: Clerk • AMENDMENT PERS-CON-702A(Rev.8196) 031 ITEM NUMBER: A-4 DATE: 05/14/2002 _,p Ill fl' �• yscsti 1979 Atascadero City Council Staff Report Community'Development Department Zone Change 2001-0020 5080 Palma Avenue (Elbert Gifford/Wilson Land Surveys) RECOMMENDATION: The City Council introduce for second reading by title only,,,and adopt the draft Ordinance, enacting Zone Change 2001-0020 changing the zoning district of the subject site from RMF- 10 to RMF-10/PD-7. SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit Ap g (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow five'(5) existing single family residences to be subdivided on to separate lots. The Tentative Tract Map would create a five (5) lot subdivision. The project would be, subject to architectural and landscape standards. DISCUSSION: On April 23, 2002, the City Council conducted a public hearing to consider amendment of the Official Zoning Map of the City of RMF-10 to RMF-10/ PD-7. The zone change will amend the Official Zoning Map and allow for the subdivision of a five unit single-family residential project. There were no changes made by the City Council to the Ordinance during its first reading and itis ready for final adoption as attached. FISCAL IMPACT: None • `ATTACHMENTS: Attachment 1: Draft Ordinance 032 Attachment 1: Draft Ordinance DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF ATASCADERO TO APPROVE ZONE CHANGE 2001-0020 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 029-302-050 FROM RMF-10 (RESIDENTIAL MULTI'-FAMILY)TO RM[F 10/PD-7 (RESIDENTIAL MULTI-FAMILY WITH A PD-7 OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT. (5070-5080 Palma Avenue/APN 029-302-050 Elbert Gifford/Wilson Land Surveys) WHEREAS, an application has been received from Elbert Gifford Jr. (13505 Chispa; Road, Atascadero,CA 93422) Applicant and Property Owner to considera project consisting of a zone change from RMF-10 (Residential Multi-Family) to RMF-10 1 PD-7 (Residential Multi-Family with Planned Development Overlay#7) with the adoption of a Master Plan of Development, and a five-lot residential tentative tract map on APN 029-302-050; and, WHEREAS, the site's General Plan Designation is LDMl~ (Low Density Multi- Family); and, WHEREAS, the site's current zoning district is RMF-10 (Residential Multi-Family); and, WHEREAS, the Planning Commission 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 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 on February 5,2002,"at which hearing evidence,oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS,the Planning Commission of the City of Atascadero at a Public Hearing held on March 5, 2002, studied and considered Zone Change 2001-0020, after first studying and considering the Draft Negative Declaration prepared for the project recommended 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, �3 � WHEREAS, the Atascadero 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 Atascadero City Council at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on April 23, 2002, studied and considered Zone Change 2001-0020, after first studying and considering the Draft Negative Declaration prepared for the project, and, NOW, THEREFORE, the Atascadero City Council takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD-7 Planned Development Overlay District. The Atascadero City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. . 2. 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. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. 5. That flexibility from the setback standard is necessary to enable the environmentally superior design alternative; and, 6. At least 50 percent of each individual lot will be landscaped; and, 7. At least 60 percent of the net area of the overall site will be landscaped. • JA SECTION 2. Approval. The Atascadero City Council, in a regular session • assembled on April 23, 2002, resolved to recommend that the City Council introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. 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 Ordinance 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 • 035 Exhibit A: Zone Change Map • ZCH 2001-0020 3 Project Site: APN 029-302-050 Existing Zoning: RMF-10 Amended Zoning: RMF-1O(PO 7) • 036 ITEM NUMBER: A-5 DATE: 05/14/2002 CAD�� Atascadero City Council Staff Report Community Development Department Zone Change 2001-0017 7250 Santa Ysabel PD-7 (Gearhart/Wilson Land Surveys) RECOMMENDATION: The City Council introduce for second reading by title only, and adopt the draft Ordinance, enacting Zone Change 2001-0017 changing the zoning district of the subject site from RMF- 16 to RMF-16/PD-7. SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow nine (9) single family residences to be constructed. The Tentative Tract Map would create a nine (9) lot subdivision. The project would be subject to architectural and landscape standards. DISCUSSION: On April 23, 2002, the City Council conducted a public hearing to consider amendment of the Official Zoning Map of the City of RMF-16 to RMF-16 / PD-7. The zone change will amend the Official Zoning Map and allow for the construction of a nine unit single-family residential project. There were no changes made by the City Council to the Ordinance during its first reading and it ready for final adoption as attached. FISCAL IMPACT: None ATTACHMENTS: Attachment 1: Draft Ordinance 037 Attachment 8: 'Draft Ordinance DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF ATASCADERO TO APPROVE ZONE CHANGE 2001=0017 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 030-081-003 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. (7250 Santa Ysabel Avenue/APN 030=081-003/Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), and Eugene and Donna Barre, and Kenneth and Jacqueline Lerno and James Miller, (Property Owners) 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, and an eleven-lot residential tract map, on a" 1.33 acre lot located at 7250 Santa Ysabel Avneue(APN 030-081-003); and, WHEREAS, an Initial Study and Draft Negative Declaration 2002-0009 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 Planning Commission of the City of Atascadero, at a Public Hearing held on April 2, 2002, studied and considered Zone Change 2001-0017, after first studying and considering the Draft Negative Declaration prepared for the project recommended 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 Atascadero 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, 038 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone • Change application was held by the Atascadero City Council at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on April 23, 2002, studied and considered Zone Change 2001-0017, after first studying and considering the Draft Negative Declaration prepared for the project, and, NOW, THEREFORE, the Atascadero City Council takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD-7 Planned Development Overlay District. The Atascadero City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. 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. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. • SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on April 23, 2002 resolved introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31"day after its final passage. • � 3ZJ On motion by Council Member , and seconded by Council Member • the foregoing Ordinance 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 • 040 Exhibit A: Zone Change Map • ZCH 2001-0017 Existing Zoning: RMF-16 Amended Zoning: RMF 16(PD7) 7250 Santa Ysabel Avenue APN 030-081-003 33 1 QT u 7 • _ . 041 ITEM NUMBER: A-6 DATE 05/14/2002 1 Atascadero City Council Staff Report- Community Services Department Request to Plant a MemorialTree'at Atascadero Lake Park RECOMMENDATION: Council approve the`request of B. Keith Lemons to plant a Memorial Tree at Atascadero Lake Park. DISCUSSION: & Keith Lemons, an Atascadero resident, has requested that the City of Atascadero 'grant permission to plant a tree in Atascadero Lake"Park to memorialize his wife who recently perished in'a vehicle accident. The Policy on the Naming of Public Buildings, Parks and Other Public Facilities includes a provision to be followed by for the recognition of individuals. SECTION H, E. '1n addition to the naming of public facilities by using the criteria established above, the City can provide for the recognition of individuals, either deceased or living, by the placement of memorial objects (symbols); such as diving trees, public benches, rocks, memorial flagpoles, sculptures, etc., in public facilities. The placement and identification of these recognition symbols will be at the discretion of the Parks and Recreation Commission and the City Council on a case-by-case basis. Staff has identified locations in Atascadero Lake Park for the planting of such Memorial trees. (Attachment#II) All related costs to the planting of this tree will be covered by Mr. Lemons. On Thursday, March 21, 2002, the Parks and Recreation Commission unanimously recommended to the City Council, approval of a request by B. Keith Lemons to planta Memorial Tree at Atascadero Lake Park. • 042 i ITEM NUMBER:—A-6 DATE: 05114/2002 Ofl2 FISCAL IMPACT: None ATTACHMENTS: Attachment I- Letter from B. Keith Lemons 'Attachment II-Map of Atascadero Lake Park Memorial Tree Planting Area \ • 043 • B. Keith Lemons 5640 West Mall Atascadero, Ca 461-3005 Mr. Geoff English, We spoke on the phone on 03-25-02 concerning a tree that I would like to have planted in memory of my beloved wife, Shelley Lynn Lemons. I would like to thank you Geoff for your time, sensitivity and sincerity in explaining this procedure to me during what has proved to be my family's darkest of hours. My wife Shelley,who was only 31 yrs. old,was tragically killed on the Cuesta Grade on October 315`2001. She is survived by myself, our three children; Nicholas 9yrs., Macey 7yrs. and Audrianna 2yrs., as well many other family members in this county. I had requested that you bring my request forward at your next meeting for approval. At this time,you also explained to me that a `Memorial Grove' was in the works and could possibly be a • reality within six months. Upon deep consideration on my part,I very much like the idea of the proposed memorial grove. Please accept this letter as a request for a tree to be planted in the Memorial Grove in memoriam of my wife Shelley. If for some reason, the proposed memorial grove does not come to exist, my family and I are still desiring that a tree being planted in the park for Shelley. Please call or write if you have any questions, or need any information to help this important symbol of the continued growth of life to become a reality for my children's and my struggle with the devastation of our loss. With warm regards, B. Keith Lemons • 044 0 A 1 a 4 a B � y i 1 �off t 17 • SSS `� Y 1 j�0 � �� e /v h s� �a �. � `. 3 b � 0 Q C Ski ZA ioP r 4 1 '-.J✓ k'3 S-td� ITEM NUMBER: A-7 DATE: EL/2002 ■:r,r r s. 01-a 1979 Atascadero City Council Staff Report— Community Services Department Energy Conservation Measures RECOMMENDATION: -Council authorize the continuation of specified measures to reduce the City's consumption of electricity. DISCUSSION: Background: Last summer, the State of California experienced an energy crisis,that resulted in the PUC's approval of P.G. & E. rate surcharges for commercial customers. In response to these surcharges, and in response to a request by the Governor to reduce energy consumption in government buildings by 15%, the City Council directed City staff to implement a variety of energy conservation measures. The energy conservation measures implemented by the City of Atascadero have resulted in a reduction of kilowatt usage of 18% for six identified City buildings during the first six-months of FY 2001-02 compared to the same period the previous year. `The total amount of kilowatt use for all City facilities was reduced by approximately 15% during the comparison period. (Attachments A, B,&C) Despite this success of the City's conservation measures, the City payments to P.G.&E. increased by$51,387.61 in the first half of fiscal year 2001-2002. This represents an increase in energy costs of 45% from the previous fiscal year. PAYMENTS TO PG&E: 7/01/00- 12/31/00 $ 114,203.41 7/01/01,- 12/31/01 $ 165,591.02' Analysis: Over the past three years annual payments to P.G. & E. by the City of Atascadero for electricity have averaged $261,000.00. As a result'of the P.G. & E. kilowatt surcharge rates for Summer and Winter, the projected electrical utility costs for the City of Atascadero will be approximately $340,00.00 for this fiscal year. The 15% City-wide reduction in kilowatt consumption has reduced our electrical cost by approximately $26,500.00 during the first six- months of fiscal year 2001-2001. In order to continue to minimize the increased costs of the utility surcharges, the following energy conservation measures will be ongoing. 046 ITEM NUMBER: A-7 DATE: 05114/2002 Recommended Measures to Reduce the City's Use of Electricity: Measure Location Set thermostats to approx.78 degrees Admin Building Pavilion Police Station Fire Station#1 Fire Station#2 Turn off PC's,printers All locations &monitors at night Turn-off non-essential lights . J All locations Elevator/Accessibility and Admin. Building delivery purposes only Establish"environmental Admin Building cooling procedures" Pavilion Police Station Fire Station#1 &#2 FISCAL IMPACT: These energy conservation measures wilt result in undetermined savings in energy costs. . ALTERNATIVES: None ATTACHMENTS: - Attachment A- Six-month Summary- Kilowatt Comparison,FY 00-01 vs. FY 01-02 Attachment B- Graph Six-month Summary- Kilowatt Comparison,FY 00-01 vs. FY 01-02 Attachment C- -Detailed Six-month Summary-. 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O W W W N N N M W W N Q n CL E �s V 0 a, oS 2 to • o n co a W o 3 O n � 0 0 1"4 n H OI 0 N N �W-1� o 14 m CL O � N 0 Y M pyo� � g m Ag $ o 0 ry rn' g a M g 0 ovl � W rn W ogrn o "t 01 0 Oq d' 0 n n p fnnN000 ? .11100 .1N P co rl ~ N 7 N O co Q1 ^ N n 7 n N C 7O O Q O e 7 M e0� v01 O y0y•• W eWW W e' fie` W 01 W O, 00 W M O 111 7 0 n T O M O1 N N O Vl ••1 W O O 1D V W 1`1 O .1 10 .i n N T O 10S 0 N M rl n 7 � � n O pp 10 fN'1 ONO � W O � O � !W'1 ti tiN N TOp W ry 5O C m D O. N [[ A • d d d f9 N 6 C J 3 � > j � � _A Q N = 3 3 3 a 3 3 3 3 E 3 A 2 '.i3 AA I Aa' 4Y Nr$ 1n oar « � � � ITEM NUMBER• A-8 ■ a s n A DATE: 5/14/2002 _ AtascaderoCity Council Staff Report—Public Works Department San Gabriel Road and Santa Rosa Road Routes to School Projects' RECOMMENDATION: Council: 1) Accept Whitaker Contractors Inc.'s work as'complete; and, 2) Authorize the City Manager to sign and file the Notice of Completion. DISCUSSION: On July 24, 2001, Council authorized the execution of a contract with Whitaker Contractors Inc. in the amount of$96,171.15 to construct both the San Gabriel Road and Santa Rosa Road Routes to School Projects. Construction began on October 23 2001 and was completed January 20,2002. The contract consisted of pavement widening,construction of drainage inlet and asphalt concrete dikes, fence construction and relocations,pavement striping,and the construction of an aggregate base pathway on San Gabriel Road: Four Contract Change Orders have been approved for this project, totally a net increase on the contract amount of$3,455.35. These changes bring the total contract price to$99,626.50. The City Engineer has reviewed the completed improvements by Whitaker Contractors Inc. and has found there to be in substantial conformance with the project plans and specifications. r 052 ITEM NUMBER: A_$ DATE: 5/14/2002 FISCAL IMPACTS • PROJECT FUNDING RSHA $99,832.92 Sidewalk Fund $227.16 Streets&Bridges Inn actFees 38,398.04 Total Constructio.n.Funding $138,458.12 PROJECT EXPENDITURES PS&E $19,152.84 Construction 99,626.50 Contract Admin.,Construction Engineering and Inspection $18,527.20 Internal Administration $1,151.58 Total Construction E tures $138 458.12 ATTACHMENT;Noticeof Completion 053 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 January 20, 2002. 6. The work done was the San Gabriel Road and Santa Rosa Road Routes to School Project. 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 • CADocuments and Settings\mtorgerson\Local Settings\Temporary Internet Files\0LK7\N0C.doc X54 ITEM NUMBER: A-9 M a 0 r DATE: 05/14/2002 loft Atascadero City Council Agenda Report— Public Works Department Transit Grants Authorization to Apply to CalTrans RECOMMENDATION: Council approve the draft Resolution, authorizing an application to CalTrans for FY 2002 and FY2003 FTA Section 5311 Rural Operating Assistance. DISCUSSION: Funding for capital purchases is provided through the FTA Section 531 Lgrant program. The City • is applying for funds to construct bus stop improvements in Fiscal Year 2001/2002 and the purchase of a transit vehicle in Fiscal Year 2002/2003. The Department of Transportation requires, as part of the application process, a resolution authorizing the application for these funds and a commitment of the matching funds. FISCAL IMPACT: These grants are funded at 80% with a 20% match from local Transportation Development Act funds. ATTACHMENTS: Draft Resolution 055 DRAFT RESOLUTION • A RESOLUTION AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR FY 2002 AND FY 2003 FTA SECTION 5311 RURAL OPERATING ASSISTANCE WHEREAS, the Federal Transit -Act provides grants for public transportation projects in non-urbanized areas; and WHEREAS, all,contracts for financial assistance impose certain obligations upon the applicant, including the provision of local share costs,of the project. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY OF ATASCADERO: 1. That the 'City Manager is authorized to submit an application to the State of California Department of Transportation on behalf of the City of Atascadero for financial assistance to purchase transit vehicles. 2. That the City Manager is authorized to submit and file with this application all assurances, and all supplemental -information as required by the California Department of Transportation. 3. That the City Manager is designated to execute standard agreements with the State of California Department of Transportation on behalf of the City of Atascadero to obtain $14,040 in Federal Funds in FY 2002 - Grant Cycle 019 - for the purchase and installation of bus stop improvements. 4. That the City has committed to $3,510 in local matching funds for the project. 5. That the City Manager is designated to execute standard agreements with the State of California Department of Transportation on behalf of the City of Atascadero to obtain $48,000 in Federal Funds in FY 2003 Grant Cycle 020 - for'the purchase of a transit vehicle. b. That the City has committed to $12,000 in local matching funds for the purchase. 7. That the"City of Atascadero has,to the extent feasible,coordinated this project with other transportation providers"in the region. On motion of Council Member and seconded by the foregoing Resolution is hereby adopted in its entirety. 056 City of Atascadero Draft Resolution Page 2 • AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO J. Michael Arrambide, Mayor ATTEST: Marcia McClure Torgerson, City Clerk • APPROVED AS TO FORM Roy Hanley, City Attorney i 057 ITEM NUMBER: A- 10 NORM 24DATE: 05/14/2002 Isis i e Atascadero City Council Staff Report—Public Works Department Final Parcel Map 2002-0021 (Parcel Map AT 01-358) [TPM 2001-00261 3125 Ardilla (Lamouria/Wilson) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2002-0021 (Parcel Map AT 01-358); and, 2. Reject offer of dedication for public c utility easement without prejudice to future acceptance. DISCUSSION: The PlanningCommission approved Tentative Parcel Ma 2001-0026 on December pp p 18, 2001. The Final Map subdivides an existing 5:28-acre lot into two'parcels 2.75 acres and 2.53 acres each. The site is currently developed with a single-family residence and several small accessory structures. The existing improvements will be confined to one lot allowing the new lot to be developed with a single-family residential use. 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. Staff recommends rejecting the offer of dedication for public utility. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Parcel Map 2002-0021 (Parcel Map AT 01-358) I� I • 058 Exhibit A Final Parcel Map,2002-0021 (Parcel Map AT 01-358) 3125 Ardilia Road 1 p BEARiN R ASAq#§# $ v c BASF[ SFa /\ 3144r 3 3 kL � g es ' 0 w b ga� ss o$ 304 ti® lit bit Ir e!9 IL i f k �. m,r int. `ntf r a aax Sore• Ei7II _ 3[o'a3'rs•[ p .. er� DF $err J1 No a � 3'#y�c " v�ROAO�•�a ]qgD'R.JgeC Y te[K Y tWr Y W '' mw a ARO LLA ROAD 3 / �� bg C1 i 059 ITEM NUMBER: A- 11 y e, ■t a ®, i DATE: 05/14/2002 9is ills Atascadero City Council Staff Report--Public Works Department Final Parcel Map 2002-0030 (Parcel Map AT 01-423) [TPM 2001-00271 3475 Maricopa Road (Brebes/Wilson) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2002-0030 (Parcel Map AT 01-423); and, 2. Reject offer of dedication for public utility easement without prejudice to future acceptance. DISCUSSION: The Planning Commission approved Tentative Parcel Map 2041-0027 on February 19, 2002. The Final Map subdivides two lots of 4.30 acre and 4.62 acres each, into three parcels of 2.66 acres, 2.66 acres, and 3.32 acres each. The site is located. in the Residential Suburban (RS) zoning district,which allows for the proposed use and density. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot ,denya 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. Staff recommends`rejecting the offer of dedication for public utility. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Parcel Map 2002-0030 (Parcel Map AT 01-423) • - 060 Exhibit A Final Parcel Map 2002-0030(Parcel Map AT 01-423) 3475 Maricopa Road ' I rn fit I' as I hag e t 4 s 5 s • •o.d:?g:@ O ©o o o d4 lb «gib 3 ' 8 ui oft SM LA y y �+ � k `f y w q 10 + c ff _t, 8 1 e 'id H rpt r a�6l : 061 ITEM NUMBER: A-12 DATE: 05/14/2002 n i iais � k Atascadero City Council Consent Item -Public Works Department Final Parcel Map 2002-0024 (Tract Map 2465) (TTM 2001-00071 6555 Atascadero Ave (Shores/Wilson) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2002-0024 (Tract Map 2465) 2. Reject offers of dedication for streets,pedestrian, and public utility easements without prejudice to future acceptance. 3. -Authorize City Manager to Execute Subdivision Agreement with Owner. DISCUSSION: The Planning Commission adopted a resolution recommending that the City Council,approve the Vesting Tentative Tract Map 2001-0007 on November 6, 2001. The recommended approval included rezoning of the parcel from RMF-10 (Residential Multi-Family) to a PD-7 with a Master Plan of Development thereby allowing a seven-lot subdivision of the site. 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. Staff recommends rejecting the offers of dedication for streets, pedestrian, and public utility easements. Staff has determined that the Final Parcel Map is consistent with approved Tentative Tract Map. FISCAL, IMPACT: None ATTACHMENTS: Exhibit A: Final Parcel Map 2002-0024 (Tract Map 2465) Exhibit B: Subdivision Agreement April 1,2002 Tract Map 2465 Agreement Page 1 of 10 062 • Extdbit A Final Parcel Map 2002-0024(Tract Map 2465) 6Sss Atasoadero Ave CP ti- t Ft ; V at -TV-7 u 1 t At a s , # ( o , � •rx�� irysita x ��� I �p�ig bt Y April 1,2002 Tract Map 2465 Agreement Page 2 of 10 063 • Exhibit B Final Parcel Map 2002-0024(Tract Map 2465) 6555 Atascadero Ave 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: APN 030-201-001, 002 Final Map 2002-0024 (TTM 2001-0007) Tract 2465 ESTIMATED TOTAL COST OF IMPROVEMENTS: $68,780 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 2465 • 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. April 1,2002 Tract Map 2465 Agreement Page 3 of 10 064 B. Subdivider desires to record Tract Map 2465 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 2465 or have 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 2465 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 2465 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 2465, 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 by Subdivider'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 2465 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 2465, 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 2465 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. April 1,2002 • Tract Map 2465 Agreement Page 4 of 10 065 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 2465 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. 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 0 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 • April 1,2002 Tract Map 2465 Agreement Page 5 of 10 066 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. 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: Jimmie D. Shores P.O. Box 216 Atascadero, CA 93422 Surety: Hurst Financial Corporation 7340 Morro Road Atascadero, CA 93422 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. April 1,2002 • Tract Map 2465 Agreement Page 6 of 10 J 67 • 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. April 1,2002 Tract Map 2465 Agreement Page 7 of 10 068 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 SUBDIVIDER: By: Wade G. McKinney (notarize signature) City Manager Attest: Marcia M. Torgerson City Clerk Approved as to content: Steven B. Kahn, P.E. City Engineer Approved as to form: Roy A Hanley City Attorney April 1,2002 • Tract Map 2465 Agreement Page 8 of 10 069 Exhibit A— Engineer's Estimate • 0 8 0 Cq Ln 0 40 CO CD Ln Ln 69o 0 O 0 00000 000o0og $ 000 0 0 0 0000 �n 000e� oo �n C! 'IR 0 Cc, CO Nf0O 0090 eNt�� 0N7 � NCCO000 oar O in 69 M M O N O — 1.09'-t0 O CO r M aa�� IA N M `H � ffl fig d9 tH V9 69 69 y — m CL E 0 ' U 0 0 00W) 0LO 00000tn00000 0 0 0 ooroo 00000n � 000v o O �f �C000 OCI) CO� NO I, CI) L(TCI) O wj t�qfA N► 69 00 to 00 69 69 H►fo M�to P 04 O 0 0a i V CA EMA m U c m E F U y tq CO LL } }} NLL ULLLLLLLLLLLL } LLQQ} Q O J J J UUUJfq JJIn fA Jtn tO UN WU W U r a a 0 Ln O OHO � OMf0000 pOON w CO CO � to R O CO C4C4 -Ir Ln I-- N O - V O C c C7 O rn LU 0 0 0 0 CCi 0 v s 0 E 0 v n E 0 G 7 0 CL E I d m 0 c CO o C1 C.= o y Eo. N im m � 06 � 0 G Y C7 = L CO E 'O O x CLU) M c I O� o R c ; m e pca m cpm rnE M C > II3 pc6 U 7 0 <0 O. m N d � co t' d O 9ULLNER cm y� E +; E a m y o 0 SE m e p c p cp c to m > c c E w O d C) R > > C N 0 8 U 8 N U ON N v ._' fA O N W U i«. O 4= m fY .5 CO L o _.`Z La • April 1,2002 Tract Map 2465 Agreement Page 9 of 10 0"0 • 8 e I e aoo, 1O N LOt00 CO I 00'1 M M 00 00 O1 t� h of n LO v o CO H H V N �O f� 69 H O O O O 0000 o o 0 0 $ 0 O O OD 0000 80000 000 00 O�O � pp000 g0Ln00 000 ooc_ po0oo Q �y� O HHN 41 �NtSOH O �H atNO, pOp�� cC000 r H t9 H�H� to� HH fAiH O� G U N 2 U t Zz- 8888 0p08p0p0 8801 0 �0�pp0 00 a 00 N N8N0 � 2AO 0% 6% 0 ��pp V H Haj vsCO H�LO N H H H U r ~ Qa Q Q QQ QQ QQ Q Q Q y -iL V) 0 W W W W W WILLILLI U- -i JJ U m G a X000 MtOO CO O ^O C N N NCN 0 CL M C O !1J W 111 V M m N f' tll C c 3 y a e C m m to m wE e C 3 y m c E" c U eo c I a a m C t7 .A m J 124 o p c / CL Ep £Ob 9 m m N C V L 0.W ,p c rn �o m N cin J E- g m m m y m m NI m e W 3 U F m F ,. L _> x ; so -j a c 0 CO ! U tm ~ V1 0 E _E ovaLL r m m m U Z mm ct in c c c 3 W 3a � �sC � v wo u�wn 0cns � • April 1,2002 ry Tract Map 2465 Agreement Page 10 of 10 ITEM NUMBER: A-13 yf r ..DATE: 05/14/2002 ..1911079 .Atascadero- City Council Staff Report—Public Works Department Final Parcel Map 2001-0018 (Tract Map 2410) [TTM 2000-00021 8300 Santa Rosa Road (Graves/Wilson) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2000-0018 (Tract Map 2410); and, 2. Reject offers of dedication for streets and public utility easements without prejudice to future acceptance. 3. Authorize City Manager to execute Subdivision Improvement Agreement. • DISCUSSION: The Planning Commission approved Tentative Tract Map 2410 on August 7, 2001. The approval allowed the division on two residential lots,totaling 9.56 acres, into six parcels. The site is located in the Residential Single Family zoning district,(RSF-Z), with a minimum lot size of 1.50 acres as calculated using performance standards for the RSF-Z zoning district. 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. Staff recommends rejecting the;offers of dedication for streets and public utility easements without prejudice to future acceptance. Staff has determined that the Final Tract Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Tract Map 2000-0018 (Tract Map 24 10) Exhibit B: Subdivision Improvement Agreement 072 I Exhibit A Final Parcel Map 2000-0018(Tract Map 2410) 8300 Santa Rosa Road < < tILIA .y 9b 2#NJ I I (fill �a g g 3 333 3 as i MIA YY III $ Yaaa t !i (7GG 9Ys�4A EI@ M LAI ay i �w`m € ; y qw 3 � r s g � �.r��`��� .,�s fit. ,.ri 1�/�i�� � �-- �� • 10 X09 'Z 0- \ t gf�jy. r �r bgy�dt Ok bG O J p § \ � / *•*ten.,R. yQy' � �,- \\ W // -0t W.o�gp wAoru 7.uray# f.7 d § •L \ '�. a �a oP r a O CO 073 ITEM NUMBER: A- 13 Exhibit B-SUBDIVISION IMPROVEMENT AGREEMENT Final Parcel Map 2002-0028 (Parcel Map AT 2001-195) • 5725 Portola Road FOR RECORDER USE ON LY 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: David Graves SUBDIVISION: Tract 2410 — Lots 9 and 10 of Block 13, Atascadero, CA ESTIMATED TOTAL COST OF IMPROVEMENTS: $240,000.00 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 David Graves (hereinafter referred to as"Subdivider"). RECITALS A. Subdivider has presented to the City Council of the City of Atascadero Tract Map 2410 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 2410 after the same has been approved by the City Council of the City of Atascadero. • C. The Subdivision Laws establish as a conditionrecedent to theapproval pof a parcel map that Subdivider must have either completed, in compliance with City Standards, all of the 074 ITEM NUMBER: A- 13 • DATE: 05/14/2002 improvements and land development work required by Tract Map 2410 or have 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 2410 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 2410 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 E ngineer. 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 2410, 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 by S ubdivider's failure to perform its obligations under this Agreement, including, but not limited to, S ubdivider'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 2410 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 2410, the parties hereto do promise and agree one with the other as follows: • 075 1. Subdivider is to make and complete all of the improvements for Tract Map 2410 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 2410 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. 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 yea r. 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. 076 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. 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 S ubdivider. 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: David Graves 4155 Carrizo Ave. Atascadero, CA 93422 S urety: • 07 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 By: Wade G. McKinney City Manager Attest: Marcia M. Torgerson City Clerk Approved as to content: Steven B. Kahn, P.E. City E ngineer Approved as to form: Roy Hanley City Attorney 0 SUBDIVIDER: 078 (notarize signature) . ENGINEER'90P1N1tNfOFF`RgpABlEC08T EXHIBIT "M" PM*tTract2310 Atascaderodift 441in lh.Pi. ,iK nlWlrrrn,�f4 li - r 1`�. I� `.>--_- No. It..Description is � " n Ouanity Units Unit Cost Item Total Totals 1 Site Clear and Grubb 1 LS $2,000.00 $2,000,00 $2,000.00 2 Demolition demolition existing site fencing!irrigation 1 LS $500.00 $500.00 asphalt sawcutting 398 LF $2.00 $796.00 dump fees 1 LS $500.00 $500.00 DemollUon Total $1,796.00 3 Earthwork mass excavation 9050 CY $3.00 $27,150.00 overexcavation and recompact subgrade 750 CY $4.00 53,000.00 finish grading 1 LS $7,500.00 $7,500.00 import fill material 5500 CY $8.00 $44,000,00 erosion control 105000 SF $0.051 $5,250.00 Earthwork Total $86,900.00 4 Road Surface Improvements traffic control 1 LS $500.00 $500-00 asphalt driveway apron 420 SF $2.10 $882.00 w trench repair in traffic area.3' 468 SF $3.001 $1,404.00 Type'B*asphalt paving(.251 10060 SF $0.751 $7,545.00 Type'S'asphalt paving(,17)OVERLAY 11800 SF $0.551 $6,490.00 �. Class 2 aggregate base 240 CY $42.00 $10,080.00 n signage 2 EA $150.00 $300.00 pavement marking(safety) 20 SF $2.00 $40.00 • traffic htng(safety) 520 LF $1.25 $650.00 street I1glghts 0 EA $1,750.00 $0.00 Standard Street Monument 4 EA S400.00 -$1,600.00 v 4-linch decomposed granite pathway 1500 SF $0.50 $750.00 Road Surface Imp.Total $30,241.00 5 Drainage and Erosion Control 42-inch Stone drain pipe 195 LF $55.00 $10,725.00 sedimentation barriers and maintanace 1 LS $1,000.00 $1,000.00 Idp-rap 75 CY $90.00 $6,750.00 Drainage and EC Total $18,475.00 ater System Improvements inch PVC water line 315 LF $24.50 $7,717.50 e-in to existing 8-Inch PVC water 1 EA $500.00 $500.00 8-7nch gate valve 1 EA $750.00 $750.00 fire hydrant assembly t EA $2,100.00 $2,100.00 blow lea assembly 1 EA $600.00 $600.00 air release valve 1 EA $900.00 $900.00 thrust block 7 EA $125.00 $875.00 1.5 inch domestic service Lateral 5 EA $600.00 $3,000.00 Water Total $16,442.50 7 Sewer System Improvements 8 inch PVC sewer tine 360 VEA $2,loom $7,920.00 tie in to existing sewer 1 $500.00 sewer manhole 2 $4,20000 4-inch sewer lateral(lots 2-6) 215 $2,580.00 Sewer Total $15,200.00 Engr.Opinion of Probable Cost-Yellow Rose Ranch. 079 • 8 SITE UTILITIES Joint trench excavation 500 LF $2.50 $1,250.00 Electric conduit 500 LF $3.25 $1,625.00 Phone conduit 500 LF $2.00 $1,000.00 Gas 310 LF $6.00 $1,860.00 Cable TV conduit 500 LF $2,00 $1,000.00 relocate ex.boxes 1 EA $250.00 $250.00 Site Utilities Total $5,735.00 9 MISCELLANEOUS decorative wood fence 1 LS $3.500.00 $3,500.00 Landscape-planting 10000 SF $1.00 $10,000.00 Landscape-irrigation10000 SF $1.00 $10,000.00 street trees-- Blanco Ct 24 EA $60.00 $1,440.00 street shrubs 42 EA $20.00 $840.00 Surveying/Const.Layout _J. 1 LS—110000.00 $10,000.00 Inspection/Testing 1 LS $10,000.00 $10,000.00 Miscellaneous Total 545.780.00 10 SUB-TOTAL $222,569.50 11 10%CONTINGENCY e?� as a5 12 BONDING TOTAL $244,828.45 B R SAY $245,000.00 Y p su n v Russell S.Thompson,PE Date Registered Civil Engineer 041,06 Exp.3-31-04 CIVIL FNG2 yl LIC.NO.C43069 eloy z y sTgTE OF CALIF�ge\\P Engr.Opinion of Probable Cost-Yellow Rose Ranch. - • 080 ITEM NUMBER: B- 1 DATE: 05/14/2002 1 8 NOR, Atascadero City Council Staff Deport- City Manager'sOffice Action Plans for the 2002-2003 Strategic Initiatives RECOMMENDATION: Receive and file Action Plans for the 2002-03 Strategic Initiatives and direct staff to provide quarterly updates on progress. DISCUSSION: The City Council initiated a Strategic Planning process in 1997 to assess the strengths/weaknesses of the organization, provide organizational direction for the coming years and establish strategic objectives. It is clear that the Strategic Planning process has served the City well as a variety of major projects have moved forward. Staff vacancies have been filled, training improved and performance measures raised. The Atascadero Road Program was created leading to the improvement of more than $5 million of roadwork, more than been completed in nearly the prior decade. The Downtown Revitalization effort was initiated with the development of the Downtown Revitalization Plan, establishment of the Redevelopment Agency and Atascadero Main Street, development of the Carlton Hotel and public improvements slated for this summer. The City created a web site, which now provides a variety of community tools including the Municipal Code and Council Agendas. Many more projects could be cited as examples of the progress made by the City Council. This year the Council held the Strategic Planning workshop in January and established four priority, Strategic Initiatives. Action plans for each initiative are attached for Council review. Those are: ❑ Affordable Housing ❑ City Council and Commission Preparedness ❑ '`Downtown ❑ Economic Development Plan Affordable Housing., The City Council identified affordable housing as a significant community • concern. This action plan includes the development of a common understanding of the issues by 081 ITEM NUMBER: B=1 DATE: 05/14/2002 the City Council and implementation of programs to address the problem. The City-is currently working on the update of the General Plan Housing;Element, which will address this Initiative. Should the Housing Element be adopted, the -action plan would be revised to reflect the implementation measures contained in the Element. City Council and Commission Preparedness, This Initiative takes on two issues. The first issue is to insure _that the City Council and the Commissions receive' appropriate training and information to;prepare them for their respective responsibilities. The`second issue is to insure that there is communication between the groups and that roles are clearly defined. In this way the City Council intends to provide guidance, to the Commissions regarding their respective responsibilities.` Downtown. This Initiative is intended to identify next steps and develop an ongoing relationship with Atascadero Main Street. -Initially the Council set out to establish Main Street, create a Redevelopment Agency and build parking and streetscape improvements that have been planned for nearly a decade. Now the City Council desires to determine what next-steps are appropriate and implement them. Economic Development Plan. In this initiative the City Council desires to establish a plan that could be implemented by a variety of stakeholders in the economic development field. This will ' provide a clear program of acceptable standards and targets for the community. 'Once a plan is developed and adopted by the Council, action plans can be refined for implementation. FISCAL IMPACT: None • ATTACHMENT: City Council Strategic Plan 2002 082 City Council Strategic Plan 2002 Strategic Objectives Background: The City Council initiated a Strategic Planning approach to the City operations in 1997. Now, five years later the Council has refined the annual process to provide a strategic focus to major City objectives. The 2002 Strategic Planning process was facilitated by the City Manager and the Department Heads participated by providing department updates. The Council identified top priorities for the organization. Action Plans. The City Council identified priority issues for the City organization based on community input received over the last year and specific input regarding the strategic planning process. Those issues were: o Affordable Housing ❑ City Council/Commission Preparedness ❑ Downtown ❑ Economic Development Plan The annual work plan and budget recognize these priorities. In the following pages each of these priorities are explained including what has been done and the remaining steps. The plan includes a responsible staff member and target dates for actions. • • 083 City Council Strategic Plan 2002 Affordable Housing Action Plan ISSUE Affordable housing is a statewide issue and has significant local affects. Compounded by the sharply rising housing prices in Atascadero we have found it difficult for people to find housing. This impacts the local workforce, the youth leaving the family home and others. The City Council desires a leadership role in defining and meeting the communities affordable housing need. OBJECTIVES ❑ Gain a common understanding of what affordable housing means in Atascadero. ❑ Create and adopt a General Plan Housing Element, which addresses affordable housing. • Implement the General Plan Housing Element programs. PLAN The Affordable Housing Action Plan will rely on the development and implementation of • the Housing Element. When a Housing Element is adopted by the City Council the implementation steps contained therein will frame the work plan for this item. The actions steps required to get to an approved Housing Element are as follows: Housing Element ❑ Prepare draft Housing Element Responsible Person: Warren Frace Date: Complete ❑ Distribute Housing Element and collect comments Responsible Person: Warren Frace Date: Complete ❑ Public Hearing Responsible Person: Warren Frace Date: June 2002 ❑ Implementation depends on Council action and will be scheduled following any action • 0O4 City Council Strategic Plan 2002 City Council and Commission Preparedness Action Plan ISSUE The City Council, Planning Commission and Recreation Commission provide policy direction for the City. It is essential that the appointed and elected officials have a common understanding of the City's goals and priorities, as well as the respective roles of each board and board member. The Council and Commissions need appropriate training to insure that Atascadero has the best possible information on which to base decisions. OBJECTIVES Insure continuous communications between the various boards. Provide guidance and focus regarding City goals and priorities. Provide appropriate training to appointed and elected officials. Clarify roles, responsibilities and expectations of Commissions and their members. PLAN ❑ Provide periodic joint sessions for general communication and specific training. Responsible Person: Wade McKinney Date: Ongoing ❑ Develop a Commissioners handbook Responsible Person: Brady Cherry Date: December 2002 ❑ The Mayor will communicate with the board Chairperson. Responsible Person: Mayor Date: Ongoing ❑ Commission Agendas and Minutes will be provide to the City Council Members Responsible Person: Marcia Torgerson Date: Ongoing ❑ Appropriate training will be encouraged and scheduled for the boards. Responsible Person: Wade McKinney, Warren Frace and Brady Cherry • Date: Ongoing �S� City Council Strategic Plan 2002 Downtown Action Plan ISSUE The community has identified downtown revitalization as a major priority. The area has suffered from a lack of private investment for many years. The City Council formed a Redevelopment Agency which had as one of its major focuses the revitalization of downtown. Now to continue on with the "next steps", the Council has again prioritized Downtown to insure that the revitalization gains momentum and causes the area to again be a focal point of the community. OBJECTIVE ❑ Support the Main Street effort by coordinating City and Agency actions and projects in a beneficial manner. ❑ Identify potential "next steps" and prioritize their implementation. ❑ Describe a future vision in conjunction with Main Street to encourage others to take independent actions creating multiple approaches and projects in the area. ❑ Identify a project and implement it. PLAN • ❑ Identify the Mayor and Redevelopment Specialist as key contacts with Main Street. Responsible Person: John Jansons Date: Ongoing ❑ Improve continuous communications with the Main Street Board Responsible Person: John Jansons Date: Ongoing ❑ Provide the City Council/Agency Board with a list of potential projects for discussion. Responsible Person: John Jansons Date: July 2002 ❑ City Council select alternative for El Camino Real Improvements from Traffic Way to East Mall Responsible Person: Steve Kahn Date: May 2002 ❑ Construct El Camino Real Improvements from Traffic Way to East Mall Responsible Person: Steve Kahn Date: Completed April 2003 • 086 City Council Strategic Plan 2002 i Economic Development Plan Action Plan ISSUE Economic Development is an important component in the City's operation. Revenue generated pays for City services including public safety, streets and parks. Atascadero has historically struggled trying to balance a relatively low revenue base with quality public services desired by the community. This struggle is compounded by the State taking away local revenues and increasing the responsibilities on local government. OBJECTIVES Develop an Economic Development Plan which will guide City/Agency actions to enhance the community's revenues. PLAN This action plan describes the preparation of a plan. An Economic Development Plan will be developed and presented to the City Council for approval. An implementation • strategy which includes "next steps" will be included in the plan. The action steps leading to plan adoption are as follows: ❑ Prepare a draft plan for Council discussion. Responsible Person: John Jansons Date: July 2002 ❑ Council review and take action on an Economic Development Plan Responsible Person: John Jansons Date: July 2002 ❑ Develop an implementation plan based upon Council action. Responsible Person: John Jansons Date: September 2002 • 087 ITEM NUMBER: B 2 DATE: 05/14/2002 p X3 ie7e Atascadero City Council Staff Report- Community Services Department Revisions to Facility Policies,Procedures and Fees RECOMMENDATION: Council approve the draft Resolution amending the City of Atascadero Facility Policies, Procedures and Fees. DISCUSSION: • Background: The Department of Community Services is responsible for administering the rental: and use of City facilities by private citizens, community groups and other`City departments. Staff has developed procedures and regulations compiled in the attached document to administer this process effectively and efficiently. This document was originally adopted by the City Council in,October 1991, and amended several times since then, the last revision was approved by the City Council January 23, 2001. In an effort to continually update our policies and respond to an increase in demand for facility use by the community, and changes in use patterns, staff is recommending additional revisions to this document. Analysis: The proposed revisions to the City's Facilities, Policies, Procedures and Fees are highlighted on the attachments that accompany this report. A copy of entire current document is also attached. The three significant policy and fee changes recommend by staff are: 1. Establishing conditions for amplified music at outside facilities. Currently, City policy prohibit amplified music at outdoor facilities unless approved by the Director of Community Services or his or her designee. Staff are recommending that following policies be established to monitor the use of amplified music at outdoor facilities: (Attachment I): a. The amplified musicis conducted during an 'approved, Major Special Event. All provisions of the Major Special Event policies must be met. (Major Special Event is a • classification of event current in the existing policy.) 088 ITEM NUMBER: B-2 DATE: 05/14/2002 b. The amplified music is associated with the annual City-sponsored Concerts in the Park • Series. c. The amplified music is conducted at the Atascadero Lake Park Gazebo on Fridays, Saturdays and Sundays from noon until 8:00 p.m. d. The permit holder is required to immediately comply with requests by City staff to reduce the music volume. Failure to comply, will result in denial of all future requests for amplified music by the permit holder. 2. Create a Private/ Non-resident User Classification and separate facility use fees at the Pavilion for this user group. (Attachment 11) Analysis of the rental groups during 2001, revealed that forty.percent (40%o) of the single event holders were non-residents. The bulk of these Pavilion events were wedding receptions and private parties. (Attachment I11) Analysis of rental fees for facilities that frequently host similar events, reveals that the current fees for use of the Pavilion are significantly lower than our competition. (Attachment IV) As a result, out of town renters have been attracted to the Pavilion because of the low fees. Establishing a non-resident classification will allow for more competitive price structuring of our rental fees. A 20% increase in the evening and weekend hourly facility use fees for the Private/' Non-resident User Classification is proposed. In addition, staff recommend increasing the Saturday Full-day rate for this User Classification from $950.00 to $1,800.00. (Attachment _V) 3. Increasing the minimum number of hours required for Non-profit groups that use the Pavilion on Saturdays from eight (8) to twelve (12). Under the current policies, the minimum Non- profit group rate for the Pavilion on Saturdays is $240.00, plus an additional $110.00 cleaning fee. This rate is based on a two room minimum for eight hours. The proposed change will increase the minimum number of hours for a Non-profit group to twelve hours, increasing 'the lowest possible rate to $360.00, plus the additional $110.00 cleaning fee. Staff is recommending'this change, because, more often than not, Non-profit groups reserve the minimum eight hours, but attempt to come in early or leave late. This change more accurately reflects the practices of cion-profit groups that rent the Pavilion. In addition to the three significant changes mentioned above, a few minor increases are recommended for selected rental equipment and rental-rates have been established for an Executive Rental Office located in the City Administration building. FISCAL IMPACT: Approval of the recommended changes to the City's Facility Policies, Procedures and Fees may result in additional rental income. Conservative calculations by staff indicate a potential rental income increase of approximately$9,500 per year. 089 ITEM NUMBER: B-2 DATE: 05/14/2002 . ATTACHMENTS: Attachment 1- Draft Revisions-City's Facility Policies, Procedures and Fees-Amplified Music Attachment 2- Draft Revisions- City's Facility Policies, Procedures and Fees-User Classifications Attachment 3- Pavilion Single Event User Comparison Pie Chart Attachment 4- Rental Comparison Attachment 5- Draft Revisions-City's Facility Policies, Procedures and Fees-User Classifications • n9.0 SMOKING: Smoking is prohibited by Ordinance Number 235 in all City-owned indoor facilities. ALCOHOLIC BEVERAGES: Alcoholic beverages are allowed in City parks and facilities(excluding the City Administration Building). Authorization to sell alcoholico beverages at all City facilities (except the City Administration Building) may be requested in coordination with a facility request application for a special event. Authorization for such permit will be at the discretion of the Director or his designee. If alcoholic beverages are for sale,a permit from the State of California,Alcohol Beverage Control,will be required. Proof of liability insurance in the amount of$1 million dollars is also required for the sale of alcoholic beverages, naming the City as an additional insured. No one under the age of 21 is allowed to consume alcoholic beverages. Security guards are required at all indoor events serving alcoholic beverages at a ratio of one security guard per 100 attendants, unless amended by the Director. Security guards may be required at outdoor events,at the discretion of the Director. ABANDONED EQUIPMENT: Any equipment,effects,or decorations of the permittee remaining on the premises for more than two(2)work days after the expiration of the permit will be deemed abandoned and disposed of by the Department. PERMITS AND LICENSES: The permittee has the responsibility to obtain any additional permits and/or licenses required by City ordinances or State laws,and shall furnish evidence of having obtained same to the Department of Community Services. AMPLIFIED MUSIC IN INDOOR FACILITY: Amplified music is allowed in certain City facilities,upon the approval of the Director or designee. Amplified music is allowed in inside facilities from 8:00 a.m.to 12:00 a.m., unless extended by the Director of designee. Amplified music is allowed in the Masonic Temple building from 8:00 a.m.to 11:00 p.m. AMPLIFIED MUSIC IN OUTDOOR FACILITIES: Amplified music, is not allowed at outside facilities, unless authorized specifically by the Director or designee, or unless the re queso meets one of the following criteria: 1. The amplified music is conducted during an approved Major Special Event. All provisions of the Major Special Event policies must be met. 2. The amplified music is conducted at the Atascadero Lake Park Gazebo on Fridays, Saturdays, Sundays from noon until 8:00 p.m. 3. The amplified music is associated with the annual City-sponsored Concerts in the Park Series. 4. The permit holder is required to immediately comply with requests by City staff to reduce the music volume. Failure to comply,will result in denial of all future requests for amplified music by the permit holder. RULES AND REGULATIONS: In order that activities at City facilities can best be enjoyed by everyone, basic rules of good conduct must be observed. These include, but are not limited to,the following: 1. All City ordinances must be observed. 2. Gambling,the use of obscene language,dangerous conduct,unusually loud amplified music,or any other activity that creates a disturbance will not be permitted. 3. The sale of alcoholic beverages without the proper permits is prohibited. 4. No equipment or furnishings shall be removed from a facility without Director approval. 5. Animals are not allowed in City buildings,except for handicap assistance purposes,unless Director approval has been given. 6. Flea Markets and rummage sales are not permitted on City property except for City sponsored events. Failure to comply with the rules and regulations may result in termination of a facility use permit. 09i CITY ADMINISTRATION BUILDING • FACILITY GROUP FEE 4"FLOOR ROTUNDA A (Non-Profit) $15/Hr Maximum Capacity: 100 Dining/Conference 150 Assembly/Dancing Includes Kitchen (2-hr minimum reservation) 4 TH FLOOR ROTUNDA B(Private) $30 RESERVATION DEPOSIT A(Non-Profit) $40 B (Private) SECURITY DEPOSIT A(Non-Profit) $250 B (Private) CLEANING FEE A(Non-Profit) $115 B (Private) 4 TH FLOOR CLUB ROOM A (Non Profit) $10/Hr Maximum Capacity: 25 Assembly/Conference (1-hr minimum reservation) 4 FLOOR CLUB ROOM B Private $15/Hr Only available when rented with the Rotunda RESERVATION DEPOSIT A(Non Profit) $10 B(Private) CONFERENCE ROOM 102 A (Non-Profit) $10/Hr Maximum Capacity: 25 Assembly/Conference (1-hr minimum reservation) CONFERENCE ROOM 102 B(Private arty) $20/Hr EXECUTIVE OFFICE ROOM 209-A A (Non-Profit) $15/Hr EXECUTIVE OFFICE ROOM 209-A A (Private) $25/Hr RESERVATION DEPOSIT A(Non Profit) $10 B(Private) MASONIC TEMPLE BUILDING GYMNASIUM A (Non-Profit) $15/Hr Maximum Capacity: 50 GYMNASIUM B(Private arty) $24/Hr SECURITY DEPOSIT A(Non Profit) $250 B(Private) RESERVATION DEPOSIT A(Non Profit) $ 40 B(Private) DINING ROOM/KITCHEN A (Non-Profit) $15/Hr Maximum Capacity: 50 DINING ROOM/KITCHEN B(Private art ) $18/Hr SECURITY DEPOSIT A(Non Profit) $40 B(Private) RESERVATION DEPOSIT A(Non Profit) $ 40 B(Private) • 092 PAVILION ON THE LAKE FACILITY GROUP FEE ROTARY ROOM A (Non-Profit) $17.50/Hr Capacity: 200 Dining/Conference • 440 Assembly/Dancing 4-hr minimum(Fri&Sun) 12-hr minimum(Saturday only) ROTARY ROOM B (Private/Resident) $25/Hr(Weekdays) C(Private/Non-Resident) ROTARY ROOM B (Private/Resident) $40/Hr (Evenings&weekends) C(Private/Non-Resident) $48./Hr. Evenin s&weekends GRONSTRAND ROOM A (Non-Profit) S151Hr Capacity: 100 Dining/Conference 210 Assembly/Dancing 4-hr minimum(Fri&Sun) 12-hr minimum(Saturday only) GRONSTRAND ROOM B(Private/Resident) $20/Hr(Weekdays) C(Private/Non-Resident) GRONSTRAND ROOM B(Private/Resident) 30/Hr (Evenings&weekends) C(Private/Non-Resident) 36/Hr (Evenings&weekends COMMUNITY ROOM A (Non-Profit) $15/Hr Capacity: 40 Dining/Conference 50 Assembly/Dancing 12-hr minimum(Saturday only) COMMUNITY ROOM B(Private/Resident) $15/Hr(Weekdays) C(Private/Non-Resident) COMMUNITY ROOM B(Private/Resident) $18/Hr(Evenings&weekends) C(Private/Non-Resident) $21.50/Hr(Evenings&weekends KITCHEN A (Non-Profit) $15/Hr KITCHEN B(Private/Resident) $15/Hr(Weekdays) C(Private/Non-Resident) KITCHEN B(Private/Resident) $25/Hr (Evenings&weekends) C(Private/Non-Resident) $30/Hr (Evenings&weekends) CLEANING FEE I Less than 150 people 1 $85.00 More than 150 people 1 $110.00 OPTIONAL FULL-DAY RATE AT THE PAVILION FULL-DAY RATE SATURDAYS ONLY Includes entire building B(Private/Resident $950.00 $1,200.00 9:00 a.m.to midnight C(Private/Non-Resident) $1,800.00 CLEANING All users $110.00 SECURITY DEPOSIT All user $250.00 EQUIPMENT RENTAL FEES THESE FEES APPLY TO ALL USER GROUPS EQUIPMENT FEE EQUIPMENT FEE Platforms(4x8) 6 available $ 5.00 ea. Stereo System/CD Player $10.00 $20.00 TV/VCR $10.00 Microphone & PA System $10.00 Overhead Projector $10.00 60 Cup Coffee Pot(2 available)$ -5.00 $10.00/each Projector Screen $ 5.00 $10.00 Podium $10.00 TABLE & CHAIR SET-UP FEE • Table & Chairs set-up &take-down $5.00 per 50 persons 93 • C z FAl a � aoC z ■ ❑ r O O N X0 .� O O a 0 N o M M 094 • 424 �O _--q 03 .0 3 'd 03 U U U ": Ocon cnC/I 3 cn aW wo Ocn � cq -� � 4-0 o 0 0 CIN U W to o "r o 00CN 0 w � a C) 0 0 Itt o 0 con 4-' c�io CI U � •� Q d m M cl o w � a Uw aU � U ►-a 095 • CLASSIFICATION OF USERS: FEES. Facility users are classified by group type. The classification of users are for the purpose of determining fees and charges for facility rental. When a facility use application is approved,an hourly or set fee shall be charged in accordance with the user's classification. CLASSIFICATION A(Non-Profit/Government Rate): This class encompasses incorporated non-profit/govemmental organizations recognized for fee discounts by the City. Groups in this class, whose activities are not for profit, provide a community service for the residents of the City of Atascadero. Organizations must have a minimum of 51 percent Atascadero residents as members. (This requirement may be waived if the organization is providing a public service to Atascadero residents). This class is intended for the normal activities of non-profit service clubs and similar organizations. Reservations and security deposits will be charged, if applicable. All non-profit 501 (c)(3)organizations will be charged the same fee for leasing or usage of public facilities, irrespective of the applicant's viewpoint or subject matter, including religious or political viewpoints or subject matter. e eemmefeial and pFivate groups v.,hesie—aetivities are fer finaneial gain, er groups eandueting religious, politieal or unien meetings. This class may also inelude nen PrOfit gFEMPS with less than 51,14 AtaseadefO Fesidents. Reservations and sereurity deposits will be eharged, if applieable. . CLASSIFICATION B(Private/Commercial/Resident): This class includes private parties for individuals or families who reside within the boundaries of Atascadero City limits This class includes commercial and private groups whose activities are for financial gain or groups conducting religious political or union meetings. Reservations and security deposits will be charged,if applicable. CLASSIFICATION C(Private/Commercial/Non-Resident): This class includes private parties for individuals or families who reside outside the boundaries of the Atascadero City limits This class includes commercial and'private groups whose activities are for financial gain or groups conducting religious political or union meetings. This class may also include non-profit groups with less than 51% Atascadero residents. Reservations and security deposits will be charged,if applicable. Pavilion rental fee on Saturdays will be at full rate for ALL user groups,regardless of classification. CO-SPONSORED CLASS: Class"A"criteria must be met. Co-sponsored status is extended to groups providing a service with a formal partnership with the City of Atascadero. Co-sponsorship status does not require that normal staffing patterns be maintained. The organization or activity must be organized with the expressed purpose of conducting non-profit programs/services for residents. A copy of the group's bylaws and financial records may be required. EXPLANATION OF BASIC FEES Fees have been established considering that only the basic facility is to be furnished. This includes: 1. Normal utilities 2. Normal maintenance • 3. Standard table and chair set-up 4. General supervision 096 5. Sound set-up with microphone(Pavilion only) ADDITIONAL CHARGES: • Charges may be assessed over the standard fee schedule for additional set-up, supervision or technical support provided by the Department. INDOOR FACILITY MINIMUM CHARGE: Fees for indoor facility reservations are based on an hourly rate. There is a minimum of two(2)hours rental fee for the Pavilion Gronstrand and Rotary Rooms and the Administration Building fourth floor Rotunda. All other meeting rooms may be reserved for a one (1)hour minimum rental fee. Four(4)hour minimum on Friday,Saturday,Sunday at the Pavilion. Non-profit groups must reserve the Pavilion for a minimum of eight)twelve 0 2)hours on Saturdays. • • 097 r ITEM NUMBER: B-3 DATE: 05/14/2002 a a r a s 79 Atascadero City Council Staff.Report Public Works Department Atascadero Road Program RECOMMENDATIONS: City Council: 1) Introduce for first reading by title only, the draft Ordinance A, amending Title 7, Chapter 15 of the Atascadero Municipal Code, allowing non-licensed residences to work in the right-of- way; and, 2) Introduce for first reading by title only,the draft Ordinance B, amending Title 9, Chapter 4, of the Atascadero Municipal Code, relating to street and frontage improvements. DISCUSSION: The last meeting on the Atascadero Road Program the City Council provided policy direction on two issues. The first policy was a modification to the current requirement permitting only licensed contractors to work in public rights of way. The second policy provided clarification of the required road improvements for new development. The City Council directed staff to prepare an Ordinance that would permit non-licensed persons to work'in the public right-of-way under certain conditions. The Atascadero Municipal Code Title 7 Public Works, Chapter 15 Encroachment on Public Property,.Section 205(b) Standard conditions states: "All work under the permit shall be performed by a contractor who possesses a current Class A General Engineering Contractor's License in the State of California." Most cities require a contractor's licenses to work in the right-of-way. The license requirement provides a level of assurance that qualified persons are performing the work and that the City's liability is transferred or lessened: Atascadero has a unique situation because of the 29 miles of non-City maintained roads. While the City does not provide maintenance to these roads, a property owner must either be a licensed contractor or hire a contractor to maintain these roads. This has frustrated many residents who would like to perform minor maintenance on their road without a license. This work generally includes smoothing rough dirt roads, filling potholes, comer widening and bush clearing. 098 ITEM NUMBER: B-3 DATE: 05114/2002 Based on Council input staff has drafted an ordinance allowing residences to perform minor repair to their road under certain conditions listed below: • Require an encroachment permit with a fee. The fee would cover the cost'of the permit and inspection. • Require the submittal of a plan detailing the proposed work, the schedule of the work and the proposed traffic control method(s). • Require the applicant to provide a hold harmless agreement and a release of liability in a form approved by the'City Attorney. • Require that the applicant for an encroachment permit be a resident on the street where the work is being completed. The City-Council also provided policy direction on 'Road Improvement Requirements for new development. Section 9-4.158 to 9-4.160 of the Atascadero Municipal Code addresses street and frontage improvements required of new development. This section only covers Commercial, Industrial and Residential Multifamily Zones. The Municipal Code is unclear on public improvement requirements for residential areas or projects that do not require entitlement. New Single Family Residential development impacts the road in a similar fashion as other. development. Construction, including equipment, utilities and vehicle access during construction accelerate the deterioration of the road surface. Once a new residence is'completed an average 10 trips a day is generated from the site including delivery trucks, garbage trucks, school buses etc. These new vehicle trips reduce the life of asphalt roads and unravel dirt roads. Subdivisions, commercial and industrial areas are required to, install frontage improvements within the project boundaries. Currently the City has an uncodified policy of not accepting the maintenance of these facilities. This is implemented by Planning Commission and City Council action on each:project. There is not a structure in place to provide maintenance of the facilities' or provide for the necessary,connections`to the collector or arterial system. Listed below are highlights of the enclosed Ordinance to clarify the required improvements to roads for new development.' Residential Projects Residential units are required to improve the road fronting the property half the width of the road plus 10 feet. If the fronting road,is already paved, the Public Works Department shall assess the condition of the surface. If the road is in need of repair, the improvements shall be provided to a half width plus 10 'feet. Repair may include overlay, hole repair, crack seals or slurry seal. Improvement or repair may include a transition to surrounding property or improvements. Subdivisions A new subdivision shall construct and provide for future maintenance of all interior subdivision roads. The project shall also provide well-paved City Standard access roads from a Collector or Arterial to the subdivision and repair existing underpaved or poor condition interior or frontage' roads. 099 ITEM NUMBER: B-3 DATE: 05/14/2002 • Commercial and Industrial Projects The project shall construct all roads fronting the project to City Standard, if not constructed. If the road fronting the project is an Arterial or Collector, the width of the road constructed shall be wide enough to allow for safe travel, turning movements and transitions, to the approval of the City Engineer. The project shall provide a well-paved City Standard access roads from a Collector or Arterial to project and repair existing underpaved or poor condition frontage roads. Repair may include overlay, hole repair, crack seals or slurry seal. Enclosed is the draft ordinance for your consideration. FISCAL IMPACT: Allowing non-licensed persons to work in the Colony right-of-way, There would be no cost to the City since the cost for administration of the encroachment permit and payment for inspection would be the responsibility of the applicant. Road Improvement Requirements for new development, There would be no costs to the City and a long terms savings in that more road would be constructed and repaired. • ALTERNATIVES: Allowing non-licensed persons to work in the public right-of-way, Alternative to this concept is to not allow non-licensed persons to work in the public right-of-way. Road Improvement Requirements for new development, Alternatives to the concept would be to vary the length or width of the required road improvments or do not require road improvments. ATTACHMENTS: Attachment"A"—draft Ordinance A - "residence work in the right-of-way" Attachment `B"—draft Ordinance B - "Street and frontage improvements" • 100 DRAFT ORDINANCE A AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 7, PUBLIC WORKS, CHAPTER 15, ENCROACHMENT ON PUBLIC PROPERTY OF THE ATASCADERO MUNICIPAL CODE, RELATING TO RESIDENTS REPAIRING ROADS The City Council hereby finds and declares as follows: Whereas,the City of Atascadero has non-City maintained roads,unpaved roads and road in need of minor repair; Whereas,residents have requested to perform minor maintenance on their road without a contractors license. This work generally includes smoothing rough dirt roads,filling potholes,corner widening and bush clearing; Whereas, The Atascadero Municipal Code Title 7 Public Works, Chapter 15 Encroachment on Public Property, Section 205(b) Standard Conditions does not allow non-licensed residences to work in the right-of-way; Whereas, residence work in the right-of-way will help the circulation system; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATASCADER • O HEREBY ORDAINS AS FOLLOWS: ORDINANCE The current text for section 7-15.205 (b)"Standard Conditions"of the Atascadero Municipal Code is deleted and replaced as follows: All work under the permit shall be performed by a contractor who possesses a current Class A general engineering contractor's license in the State of California except per section 7- 15.206 "Residence work in the right-of-way". Article 7-15.206 "Residence work in the right-of-way" shall be added as follows: The City Engineer may allow a resident on a street to perform minor work in the right-of-way with out a contractor license.Minor work is defined as pothole filling,smoothing dirt roads, minor grading, bush clearing and other work approved by the City Engineer. An encroachment permit with a fee is required. The fee will cover the cost of the permit and inspection. A plan detailing the proposed work, the schedule of the work and the proposed traffic control method(s) shall be submitted with the encroachment permit. The applicant shall sign a hold harmless agreement and a release of liability in a form approved by the City • 101 Attorney. The City Engineer may deny the permit if the work is not in the best interest of • circulation or the residences or if the safety of the workers or traveling public is a risk. INTRODUCED at a regular meeting of the City Council held on May 14, 2002, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California,on ,by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 102 DRAFT ORDINANCE B • AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 9, PLANNING AND ZONING, CHAPTER 4, GENERAL SITE DESIGN AND DEVELOPMENT STANDARDS, OF THE ATASCADERO MUNICIPAL CODE, RELATING TO STREET AND FRONTAGE IMPROVMENTS The City Council hereby finds and declares as follows: Whereas, development of property has a effect on the road and streets; Whereas, as property development the roads and streets are required for the orderly development of public improvement and the circulation of the residences of Atascadero; 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; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: ORDINANCE The current text for section 9-4.158"Street and frontage improvements"of the Atascadero Municipal Code is deleted and replaced as follows: Sections 9-4.159 and 9-4.160 establish standards for street frontage improvements required with development projects. The current text for section 9-4.160 "Streets" of the Atascadero Municipal Code is deleted and replaced by the following: The installation and maintenance of asphalt road paving,asphalt berm and drainage facilities shall be constructed along the frontage of a development project(subdivision, commercial, industrial, residential etc.) as follows: (a) Frontage street construction. If the frontage street is not improved or paved along the development project frontage,the developer will be required to construct half`/2 width plus 10 feet to the City of Atascadero Engineering Standards. (b) Frontage street maintenance. If the street is in need of maintenance, per the City Engineer,along the development project frontage,the developer will be required to repair the road along the street property frontage to a width of%2 width plus 10 feet.The repairs • 103 may include overlay, pothole repair, crack seal and or slurry seal. • (c) Subdivisions. A new subdivision shall construct andp rovide for future maintenance of all interior subdivision roads. The project shall also provide well-paved City Standard access roads from a Collector or Arterial to the subdivision and repair existing underpaved or poor condition interior or frontage roads. (d) Commercial and Industrial Projects. The project shall construct all roads fronting the project to City Standard. If the road fronting the project is an Arterial or Collector, the width of the road constructed shall be wide enough to allow for safe travel, turning movements and transitions, to the approval of the City Engineer. The project shall provide a well-paved City Standard access roads from a Collector or Arterial to project and repair existing underpaved or poor condition frontage roads. Repair may include overlay, pothole repair, crack seals or slurry seal. (e) If existing buildings are on the property,the required improvements will be constructed if the value of the proposed buildings and site improvements is twenty-five(25)percent or greater the value of existing buildings and site improvements. (f) Damage Occurring from Construction.Any existing public street which is damaged as a result of on-site or off-site construction shall be reconstructed, or repaired if damage is not extensive,to the satisfaction of the City Engineer prior to issuance of a certificate of • occupancy. (g) Extent of Improvements. Street improvements, not including curb, gutter and sidewalk unless necessary for proper drainage control,may be required beyond the frontage of the property when traffic generated by the development of a site is determined to warrant such improvement in order to provide for adequate access and traffic safety. (h) The City Engineer may allow cash payment or bonding for the improvement if it is in the best interest of the community and provide for orderly development of the circulation system. INTRODUCED at a regular meeting of the City Council held on May 14, 2002, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California,on ,by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: • 104 ITEM NUMBER: B-4 DATE: 05/14/2002 lays 1979 Atascadero City Council Staff Report- Public Works Department Paving Equipment Purchase RECOMMENDATION: City Council: 1. Waive certain provisions of the purchasing_policy and authorize the City Manager to purchase a used paving machine and trailer from Leo Tidwell; and, 2. Authorize the Director of Administrative Services to appropriate an additional $105,000 in gas tax funds for the purchase of paving equipment and supplies. • DISCUSSION: Background: Atascadero has 141 miles of City Maintained Roads and 29 miles of Non-City Maintained Roads. City Maintained Roads is divided into two categories, Circulation Plan Roads, arterials and collectors, and Local Roads. Road T e Miles of Road Cost Circulation Plan Road 65 $8,789,621 City Maintained Local Roads 76 $9,500,000 Non-City Maintained Local Roads - 29 $7,250,000 The City is currently spending a majority of its road maintenance funds on Circulation Plan Roads. There are two reasons for this. First; most State funding is required to be expended on arterials and collectors. Second, one of the strategies of the Atascadero Road Program is to improve the roads with higher traffic volumes. Arterials and collectors have higher traffic volumes than local roads.` The City`is helping residences on Non-City Maintained Local Roads to improve their roads by offering assistance with assessment districts. Public Works Staff has currently attended neighborhood assessment district meetings on Azucena, Cortina Ave,El Descanso, Encinal Ave, Ortega Road,Pinal and Santa Cruz Road. - The Public Works staff is responsible for the maintenance of City Maintained Local Roads. The work currently performed is asphalt patching and paving, berm placement, weeding, cleaning, 106 ITEM NUMBER: ` B-4 DATE: 05/14/2002 sign replacement and painting. Asphalt patching and paving is the placement of asphalt without a • paving machine and is effective for small isolated areas. The process is slow and labor intensive and it is difficult to achieve a smooth uniform asphalt surface. Staff has been investigating the manpower and equipment required to pave local roads more efficiently and effectively. One option is to purchase a.paving machine and equipment necessary to perform the work. The Public Works Maintenance staff could operate the equipment and funds from the Public Works Maintenance Operating Supplies Budget could be used for asphalt and other paving materials. The cost for asphalt and other paving supplies is approximately $50,000.00 per mile for an overlay on a 20-foot wide local road. Staff could pave 1 mile of local roads per year under the existing budget constraints. A priority list of local roads to pave could be brought to Council each year. Public Works would begin at the top of the list and work until the material budget was expended. If more funds we designated for materials,more roads could be paved. Analysis: Paving machine. Staff recommends a small, 13-foot reach,paving machine for;local.roads.This can pave a local road in two passes.The Gilcrest 813 ProPaver is ideal for the Cities needs. Staff has performed a demonstration on the paving machine recommended on an unpaved road at the wastewater treatment plant. The machine operates very well and the job turned out good. - Staff.has researched the cost of new and usedpaving machines and has determined that au ed paving machine and trailer would ,be more cost effective than purchasing` a new machine. Because of differences in ,the number of machine hours, the condition of the machine and equipment on the machine, it is difficult to use the sealed bid process,called for in the City's purchasing policy. The other difficulty with the sealed bid method is that vendors are reluctant to hold a used vehicle for the duration of the bid process in the hope that Council will award the bid to them. Staff has located a quality used machine that has a motivated seller. A local utility contractor is downsizing and has a used Gilcrest 813 ProPaver for sale. Listed below are-the costs of both a new machine and other used machines that are currently on the market: Gilcrest 813 ProPaver New(0 hours) $87,000.00 Used 295 hours+Trailer $60,000.00 (machine recommended for purchase) Used 1433 hours $59;800.00 Used 2140 hours $58,500.00 Used 1861 hours $42,250.00' , l Under the Section I of the purchasing policy, the City Council may waive by majority vote any provision within the purchasing policy. Staff is requesting that Council waive the provisions of the purchasing policy in order to take advantage of this opportunity. 107 ITEM NUMBER: B-4 DATE: 05/14/2002 • Other items that would be needed to start a paving crew are listed below with the approximate cost: Vibra Plate compactor $2,500.00 Berm machine $7,000.00 Used water truck $12,000.00 Misc. supplies $14,900.00 Tax $7,000.00 (Misc. supplies are: fuel transfer tank and pump, dump truck brake improvements, dump truck hitch, laser level, two radios, replace propane tank and hose-oil pot, hand tools, ramp.) The total itemized cost would be $103,400.00 FISCAL IMPACT: $105,000 from the gas tax fund. ALTERNATIVES: • 1) Bu a new paving machine. Not recommended. The cost of a new machine is 87 000.000 Y P g $ , and the recommended used machine will serve the function well. 2) Do not purchase the equipment. Not recommended. The pave machine will provide maintenance for local roads. 3) Put out a formal RFP for a used paving machine and take the lowest bidder. Not recommended. There is a qualitative difference between used machines, that the "lowest bid"process does not allow for. • 08